CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №9(172)2022
PERSONA GRATA
Stupina S. A.:
Countering socially dangerous acts committed during the period of partial mobilization
Interview with Stupina Svetlana Alexandrovna, Ph.D. in Law, associate professor of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia (Zheleznogorsk, Krasnoyarsk Territory), retired police colonel.
INTERNATIONAL LAW
Zimnenko B. L.
On the question of the significance of the Practice of the European Court of Human Rights in the Legal System of the Russian Federation in the light of the withdrawal of the Russian Federation from the Council of Europe
Mishalchenko Yu. V., Sekste Ya. A.
Historical and international legal aspects accession of Finland and Sweden to NATO
Farkhutdinov I. Z.
Kingdom of Morocco and the State of Israel: international legal framework for cooperation. What will prevail – zigzag politics or politics of reality?
Volkova A. A.
The relationship of the WTO LFS and regional mechanisms for the consideration of trade disputes: a new round of discussions
Ayriyan E. V.
A crisis of normative legitimacy of international investment arbitration
Koffi N’gouan Jean Francois Régis
Mechanisms for the consideration of international trade disputes within the WTO: status and prospects
Chen Yutong
The conflict between the WTO Agreements and regional trade agreements in the context of the DS27 EC – Bananas case
INTERNATIONAL PRIVATE LAW
Kupchina E. V.
The influence of digital technologies on the development of modern arbitration: on the example of the American arbitration association
Ermakova E. P.
Online mediation platforms in China
Zazulina L. D.
International succession process – myth or pressing need?
Kupchina E. V.
Artificial intelligence in the system of civil judicial proceedings in Brazil
EUROPEAN LAW
Mukhametgareeva N. M., Yusupova Z. A.
Main trends in the criminal law protection of the environment in the EU
THEORY OF STATE AND LAW
Ananjeva E. O., Ivliev P. V.
To a survey on the positive legal responsibility of the mass media
Baydarova M. A.
Judicial constitutional interpretation of legal exceptions.
Deryugin A. A., Nikonov D. A., Butov S. V.
Theoretical and legal model of the institution of human and civil rights in Russia as the basis of its constitutional and legal status
Karev D. A.
On the issue of the institute of environmental licensing
Malkova L. L.
Goals of public administration and social progress in the Russian Federation: legal aspect
Trofimov S. A., Bondarchuk I. V., Rudenko A. V., Strelnikova I. Yu.
Judicial rule-making as a special form of state activity
Tlupova A. V., Karchaeva K. A.
Principles in the system of methodology of legal monitoring of legislation
Shalagina S. V., Sukhareva I. V., Safina E. A.
To the problem of information security of the state
Karpova Yu. S.
The impact of digital technology on decision making in civil process
Logvinov O. V.
On the concept of “organized defense” of S. A. Muromtsev
HISTORY OF STATE AND LAW
Gazizova L. M., Rudman M. N.
Ethical and legal foundations of the Eurasianism as a reflection of the systemic crisis of Russian statehood in the first half of the twentieth century
Zhamborov A. A., Lashchenko R. A.
Genesis of the Russian judicial reform of 1864
Zavurbekov F. Z.
The system of sources of Fatimid law (X-XII)
Lantseva V. Yu.
The evolution of the legal regulation of merchant shipping in Russian Empire
Shalagina S. V., Sukhareva I. V., Gerasimova D. I.
On the problem of legal support of the urbanization process in the Republic of Bashkortostan (1930-1950)
Gavrikova A. M.
Transformation of the limitation of supreme power in the Russian Empire
CONSTITUTIONAL LAW
Abdulazizova Z. M., Denikaeva S. E.
The Institution of the Commissioner for Human Rights in the international and domestic mechanism for the protection of human rights
Kombarova E. V., Muzalevskaya K. V.
Conflicts of constitutional and legal norms in the post-reform period: problems and suggestions
Efendiev A. A., Ramazanova E. T.
On the implementation of the principles of equality of subjects of the Russian Federation and self-determination of peoples in the light of amendments to the Constitution of the Russian Federation
Borisova N. O.
Features of the mechanism for the implementation in the digital environment of social rights and freedoms of a person and a citizen of the Russian Federation
ADMINISTRATIVE LAW
Aleshin S. V.
Legality and discretion in the activities of the police in the enforcement of legislation on administrative offenses
Biryukova E. R.
Some aspects of evaluating the performance of US government officials
Bondarchuk I. V., Rudenko A. V., Strelnikova I. Yu., Trofimov S. A.
To the question of legal regulation of achievements of scientific progress
Yevsikova E. V., Buts S. B., Kravchenko N. A., Kovalishina K. V.
Problems of improving the legal regulation of migration relations in the Republic of Crimea in the context of digitalization
Zakopyrin V. N., Chistyakov K. A.
The opening of a vehicle as a measure of administrative coercion
Zyryanov I. V., Kapranov A. V., Korenyugin V. V.
Features of the implementation of administrative and jurisdictional activities of the Traffic Police of the Ministry of Internal Affairs of the Russian Federation using technical means to ensure road safety
Nabiullina V. R.
Judicial practice in administrative cases on the dissemination of obviously unreliable socially significant information that poses a threat of interference with the functioning of organizations (Part 9 of Article 13.15 of the Administrative Code of the Russian Federation)
Nedova N. S.
Administrative and legal mechanism for the implementation of the functions of the FAS of the Russian Federation for monitoring and compliance with the requirements of antimonopoly legislation
Yevsikova E. V., Buts S. B., Kravchenko N. A., Kovalishina K. V.
Public responsibility for environmental offenses: theoretical aspects and problems of law enforcement in the digital space
Pavlov D. V., Pavlova L. R.
Features of bringing to administrative responsibility for domestic violence and debauchery in the Russian Federation
Standzon L. V.
General trends in the development of licensing as an administrative procedure in the Russian Federation in the context of COVID-19
Shugaibova S. S., Marianov A. A.
Problems of petty hooliganism in administrative and criminal law
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
On the issue of social responsibility of the mass media
Abdulmanafov A. B., Guseynova L. V.
Military mortgage upon dismissal
Artemjeva E. V., Zhabkin A. S., Shevchenko S. V.
Fighting auto insurance fraud
Bashilov B. I., Oleynik A. D.
On the specifics of proving the unequal value of counter-execution when challenging transactions in bankruptcy proceedings
Begichev A. V., Nazemtsev D. M.
On the issue of remote notarization of decisions of management bodies of legal entities as a tool that ensures the stability of corporate relations
Bikmeev R. D., Akhtyamova E. V.
Permission to install and operation of advertising construction as an act of expression of public interest
Boyarskaya Yu. N.
Legal regulation of relations in the field of management of apartment buildings
Dzyuman A. M., Podosinov D. S., Skripchenko V. S.
The imperative in civil law – freedom of contract
Kuznetsov M. N., Zaytsev V. V.
Institute of judicial representation in the era of digitalization
Kurbatova G. V., Tsibulskaya G. Z.
Legal nature and features of the retail sale agreement
Magomedov A. M., Magomedova A. G.
Problems of the legality of the application of disciplinary sanctions
Mogilevskiy G. A., Komissarov A. V.
Criteria for the commissioning of the activities of the external administration for the management of the organization as an element of the economic sovereignty of the state
Osipov D. D.
Prospects for the development of private detective activities in the Russian Federation
Pirova R. N.
Copyright in Islam
Pronina Yu. O.
Family business “American style”: legal subtleties
Ryabus O. A., Trifonova K. V.
To the question of individual ways of protecting the rights of entrepreneurs in modern conditions
Sklenazh Yu. A., Rusakova E. P.
The formation of a digital notary in the Russian Federation
Ulaeva N. L.
The specifics of legal regulation and individual problems of law enforcement in the placement of parking lots, road pockets and parking lots of vehicles by local governments
Ustyuzhanina V. O.
The problem of defining e-commerce – the consolidation of legislation and global processes
Frolovskaya Yu. I., Bondarenko I. V.
Legal reasoning about the maintenance obligation of parents in relation to the child
Argashokov R. Yu.
The beginnings of civil legislation as the basis for the safety of entrepreneurial activity
Pugacheva A. S.
Civil law status of legal entities as subjects of investment activity
Berman A. M.
The impact of artificial intelligence on the digitalization of court proceedings in Russia and abroad
Karpova Yu. S.
Digital transformation of methods of notifying participants in civil proceedings: current state and prospects
Proskurina D. S.
Problems and prospects for the use of electronic (digital) evidence in сases on the protection of exclusive rights to intellectual property objects
Argashokov R. Yu.
Civil law means of ensuring the security of economic entities
Drobysheva A. V.
The mechanism for implementing the national code of ethics for artificial intelligence: briefly about the main thing or a year later
Kostin A. V.
Invalidity of a transaction made for a purpose contrary to the rule of law or morality
Telibekova D. B.
On the convertible loan agreement in the Russian civil doctrine
CIVIL PROCESS
Isaev G. U., Magomedova K. K.
Some issues of determining the jurisdiction of individual labor disputes
ENTREPRENEURIAL LAW
Chubarova A. S.
The legal nature and main types of business contracts
FINANCIAL LAW
Kolovaylo S. A., Kravchenko N. A.
State financial control in the context of digital transformation
Kravchenko N. A., Vlasenko V. S.
Problems of application of the limits of tax benefit under article 54.1 of the Tax Code of the Russian Federation
Popova L. N., Tregubova E. A.
Compensation of losses on the examination by the institutions of the criminal enforcement system
TAX LAW
Berezina Ya. I., Unterov V. A.
Luxury tax: some aspects of foreign experience and opportunities applications in Russia
Izvekov S. S.
Prospects for the fulfillment of current tax obligations in bankruptcy
BUDGET LAW
Polyakova S. A.
On Part IV of the Budget Code of the Russian Federation: some aspects
ECOLOGICAL LAW
Abravitova Yu. I., Lipsky N. A., Khairusov D. S.
Environmental expertise in the system of environmental safety measures
CRIMINAL LAW
Alyshev S. S.
Basic bandit prevention measures
Arkhipkin I. V., Kornakova S. V.
Kidnapping: definition of the objective side of the crime
Ivantsova N. V.
Reflection of issues of non-execution of punishments in the General and Special parts of criminal law
Knyazeva N. A., Aboyan A. A., Parin D. V.
The unresolved problem of complicity: from the twists of judicial practice to the development of a compromise
Laykova E. A., Gushchin K. A., Zagaynov V. V., Averinskaya S. A.
World experience in countering drug trafficking and the possibility of its use in the Russian Federation
Lakeev A. A., Kuzmin S. S.
Limitation of the convicts legitimate interests in Russian criminallaw
Magomedova A. I., Magomedova D. K.
Features of the release of minors from criminal punishment
Manna Ammar Abdul Karim, Rizaeva D.
Crimes against property in Islamic criminal law
Minyasheva G. I., Ryazanov P. A.
Problems of prevention of crimes committed in educational institutions
Petrova G. O.
Criminal law regulation and some of its boundaries in the XXI century
Arkhipkin I. V., Kornakova S. V.
Evolution of the norms governing responsibility for kidnapping
Toropov S. A., Ponomarev A. V., Novikova T. U.
Analysis of the causes and conditions contributing to the commitment of crimes in the sphere of computer information
Chernyshov V. V., Abovyan E. P.
Factor analysis of economic crime in Russia
Khakimov N. N.
Failure to help a patient: actual problems of legal regulation
Khmeleva Z. A., Popenkov A. V., Antimonova S. I.
Criminal and legal manifestations of the identified trafficking in narcotic drugs and psychotropic poisoning using IT technologies
Nguyen Thu Trang
Principles for the treatment of juvenile delinquents under Vietnamese law
CRIMINAL PROCESS
Golovastova Yu. A.
Juror in the Russian criminal trial
Gadzhikerimova S. K., Kukhtyaeva E. A.
Problems of criminal prosecution in cases of crimes committed by organized groups
Domovets S. S., Sinkevich V. V.
The use of innovative technologies in the investigation of crimes: procedural and forensic aspects
Ivanova A. N.
Simplified procedure of criminal proceedings in the 20s of the XX century as a manifestation of repressive policy (on the example of Tomsk province)
Makogon I. V., Ignatova E. A.
Some features of the repeated investigative examination according to the sequence of conduct
Milova I. E., Anisimov A. A., Makarov E. S.
Genesis of normative approaches to the application of house arrest in the domestic criminal process
Ponomarev A. V., Novikova T. U., Toropov S. A.
General issues of organizing and conducting an incident site inspection
Popova D. Yu., Stepanenko Yu. S.
Essence and problems of methodological and forensic support in criminal legal proceedings
Savitskaya Yu. P., Skifskaya K. N.
Forensic examinations as key evidence in the investigation of criminal cases of incitement to suicide
Safonova Yu. S.
Problems of procedural independence of the investigator
Domovets S. S., Sinkevich V. V.
Features of the appointment and production of forensic tax examinations in the investigation of crimes in the field of economic activity: problems, solutions
Milova I. E., Anisimov A. A., Khachatryan R. E.
Criminalization of responsibility for extortion: main stages
Shavkarova E. E.
History of the formation and development of the institute of pre-trial cooperation agreement in Russian criminal proceedings
Fetishcheva L. M., Shubina E. P.
Some aspects of the interaction of operational units of the penal enforcement system with the bodies of preliminary investigation
Tsibulskaya G. Z., Kurbatova G. V.
Concept and legal properties of evidence in criminal proceedings
Alieva I. S.
Concept of criminal liability of legal entities, historical development
Gadadov I. S.
The role of the investigator in the formation and evaluation of evidence in criminal proceedings
Levichev D. A.
The role and significance of the prosecutor’s supervision over the activities of the preliminary investigation bodies
Titenko Yu. E.
The prospect of litigation is the specific institution of criminal proceeding
Тregubova Е. A.
Features of the presentation of evidence to the court during the execution of the sentence by the staff of the penal inspection
CRIMINAL-EXECUTIVE LAW
Bevz L. V.
On the issue of the readiness of the forces and means of the penal enforcement system of the Russian Federation in case of complication of the operational situation and measures to improve it
Koval M. I., Kurbatova G. V.
Administrative and legal aspects of the activities of correctional centers of the Federal Penitentiary Service of the Russian Federation
Korolchuk O. O
The functions of public organizations in the correction of juvenile convicts
Kurbanmagomedov M. R., Kukhtyaeva E. A.
Problems of legal regulation of the organization of educational influence on convicts
Nasreddinova K. A., Kameneva I. M.
Features of interaction of institutions executing punishments with civil society during the pandemic
Minkova E. A.
Labor adaptation in the process of resocialization of those sentenced to imprisonment
Popova E. E.
Legal regulation of the participation of public associations in educational work with convicts registered with the criminal executive inspections
Prokhorova M. V.
Interdependence of perception by employees of educational colonies of the use of incentive measures for convicts and evaluation of their effectiveness
Sevostyanova A. G., Khasanova V. A.
Interaction of civil institutions of society with penitentiary structures: experience of foreign countries
Cherezova M. A.
India’s experience in the issue of social work with convicts
CRIMINALISTICS
Erokhin R. A., Antonenko A. E.
Problems of legisiation egisiation in the field, regulating the use of special chemicals in the operational – search activities of the internal affairs bodies
CRIMINOLOGY
Evlushina D. N.
On separate aspects of corruption crimes
Ismailov G. O., Tailova A. G., Magdilov N. M.
Separate issues of criminal liability for banditry
Musaev K. B., Marianov A. A., Mirzayeva Z. Z.
Criminological features of theft committed by minors
Tailova A. G., Daitova P. I.
Comprehensive mechanism for combating cross-border terrorism
Skifskaya A. L., Skifskaya K. N.
The role of the Internet in the criminal suicide of minors: features of the investigation of criminal cases
Stepanenko D. A.
Legal assessment of blockchain in digital criminology
Tailova A. G., Daitova P. I.
Criminological analysis and features of prevention of certain categories of reckless crimes
JUDICIARY
Strelnikova I. Yu., Trofimov S. A., Rudenko A. V., Bondarchuk I. V.
On the question of the enforceability of judicial acts
LAW ENFORCEMENT AGENCIES
Gedugoshev R. R., Daurov A. I.
Topical issues of lawful use of firearms by police officers
Kaznacheev V. A.
The role of physical training in the official activity of an employee of the penitentiary system
Kardanov A. A.
Factors of ensuring the personal safety of police officers during the detention of offenders
Kodzokova L. A., Malaev A. K.
Fundamentals of preventive work of departments for juvenile affairs of internal affairs bodies
Petrov P. S., Didorenko N. N., Fakov A. M.
Perspective directions for improving fire training of power structures employees
Kharaev A. A., Maslienko M. A.
On the prevention of corruption in the department of internal affairs
Khazhirokov V. A.
Combat techniques of fighting on guard of law and order: the role of tactical preparedness
Shalamov V. V., Zalaev R. D., Cherneykin P. P.
Some questions of the psycho-emotional state of an employee of the internal affairs bodies
Sukhova O. V., Makhov A. V., Ufimtsev A. D.
Implementation of measures to prevent corrupt official behavior and resolve conflicts of interest among National Guard employees
Shevtsova V. A.
Features of detection and suppression of illegal actions on the Internet among minors
SECURITY AND LAW
Abramov I. R., Kochneva L. V., Shalkov A. A.
Information security in the context of scientific publication activity
Golyandin N. P., Taova L. Yu., Verkhovetsky I. V.
Problematic issues of countering manifestations of extremism in the subjects of the north Caucasus federal district
Molokov V. V.
Criminal camouflage: how anonymous is the Darknet
Teuvazhev Z. A.
Legal aspect of countering terrorism and extremism
Tokbaev A. A., Savchuk N. A.
Countering the spread of extremism in the global information space
Abramov I. R., Bashirina E. N., Bayrushin F. T.
Information security and inertia of executive power
Shogenov T. M., Kuchmezov R. N.
Topical issues of the spread of information extremism on the global internet
STATE AND LAW
Borisenko L. V., Trifonova K. V.
Commissioners for the protection of the rights of entrepreneurs in the system of interactions with public authorities in the Russian Federation
Lanovoy V. G., Nesterenko A. V.
A systematic approach to the typology of states: basic concepts, principles
Fastovich G. G., Litvinova V. S., Kudashova I. V.
State regulation and the institute of information technologies: correlation issues
PEDAGOGY AND LAW
Askarova G. B., Sabekiya R. B.
Legal socialization of the younger generation in Bashkir folk pedagogy
Bauaev Sh. Kh.
The role of applied physical training in the performance of internal affairs officers
Erin K. A., Druzhinin A. V., Panova O. S.
The importance of improving the teaching methodology for improving the effectiveness of professional and service training of police officers
Zorina N. S.
Manifestation of suicidal behavior among minors
Kanzafarov M. A., Panova O. S., Lukyanov A. B.
Physical training in educational institutions Ministry of Internal Affairs of Russia: the role and importance of academic discipline in the formation of professional competence of future law enforcement officers
Izilyaeva L. J., Mikhaylova K. V.
Features of the implementation of the programs “5-100” and “Priority-2030” in the Russian Federation
Manukyan A. R.
Personal qualities and skills of students of educational organizations of the system of the Ministry of Internal Affairs of Russia, necessary for the introduction of measures to counter extremism and terrorism into the educational process
Meshev I. Kh.
Ways to improve the effectiveness of combating crime at the present stage
Mingulov I. R., Kazbekov T. S., Panova O. S.
Actual problems of legal regulation of the sports sphere in the Russian Federation
Sevostyanova A. G., Popov I. A.
Implementation features of the prisoners` right to education in Russia and foreign countries
Nimirovskaya Yu. K.
Dissemination of innovative pedagogical experience in educational organizations of the Ministry of Internal Affairs of Russia: methodological aspect
Ragzin N. S., Zagorulkin K. A.
About the seminar session at the University at the present stage of development
PSYCHOLOGY AND LAW
Majuga A. G., Yumagulova N. I., Samoylov N. A., Belyaeva L. V., Gaysin E. D.
Emotional upbringing as a basic indicator of a specialist’s personal competence in socionomic professions
SOCIOLOGY AND LAW
Ambrushkevich K. V.
Social portrait of subjects of youth entrepreneurship
ECONOMY. LAW. SOCIETY
Lukmanova Yu. S., Abrarova Z. F.
Methods of management and improvement of the effective activity of the head of the social sphere
Mukhamadieva E. F., Galimullina S. R., Galimullina N. A., Gilyzova A. I.
The impact of the execution of extra-budgetary funds on the economic security of the state
Nikitenkova M. A.
Legislative and institutional aspects of building digital infrastructure in healthcare system in the USA and Canada
Novikova O. S., Tinyakova V. I.
Harmonization of the organizational structure of management and the business model of the enterprise in the context of digitalization of the economy
Popova T. V., Zaripov R. R.
Ensuring Russia’s Technological Independence as a Basis for Sustainable Development of the National Economy
Uglinskaya V. V.
The evolution of reforming the housing and communal services system in the Russian Federation at the present stage
Liang Ting
System of methods for assessing the competitiveness of corporate structures
Pshibylskiy D. Yu.
The role of personnel evaluation in improving the efficiency of professional activity of civil servants
PHILOSOPHY. LAW. SOCIETY
Akbasheva D. Kh.
Axiological foundations of humanism in Islam
Vezlomtsev V. E., Vezlomtseva S. G.
Corruption is a qualitative portrait of the phenomenon in a quantitative dimension
Gofman A. A., Timoschuk A. S.
«All Russians citizens are Russians by mentality»: problems of national-civil identity formation in the process of SMO
Zubkov S. A.
Ecophilic philosophy of ahimsa
Lang P. P., Polikarpov O. E.
Legal activity: philosophical and legal aspect
Runaev R. Yu.
Philosophical understanding of the moral imperative in Kantian ethics
Shayslamova M. M.
The phenomenon of mass culture (philosophical aspect)
Shaykhutdinova D. R., Fayzullin F. S.
Crowdsourcing as an institution of socio-economic studies
Shilova O. S., Khomich N. V.
Information as an object of philosophical cognition: the stages of formation of the global information society
Arсhibasov M. E.
The world order and human nature as the determining grounds of social imitation
Lang P. P., Papchikhin P. S.
The human right to life in the philosophical and anthropological sense
Nekrasov D. V.
Morality, politics, war in the philosophy of Immanuel Kant
Usmanov M. R.
To the problem of social forecasting and design: philosophical and methodological analysis
Stupina S. A.:
Countering socially dangerous acts committed during the period of partial mobilization
Interview with Stupina Svetlana Alexandrovna, Ph.D. in Law, associate professor of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia (Zheleznogorsk, Krasnoyarsk Territory), retired police colonel.
INTERNATIONAL LAW
Zimnenko B. L.
On the question of the significance of the Practice of the European Court of Human Rights in the Legal System of the Russian Federation in the light of the withdrawal of the Russian Federation from the Council of Europe
Mishalchenko Yu. V., Sekste Ya. A.
Historical and international legal aspects accession of Finland and Sweden to NATO
Farkhutdinov I. Z.
Kingdom of Morocco and the State of Israel: international legal framework for cooperation. What will prevail – zigzag politics or politics of reality?
Volkova A. A.
The relationship of the WTO LFS and regional mechanisms for the consideration of trade disputes: a new round of discussions
Ayriyan E. V.
A crisis of normative legitimacy of international investment arbitration
Koffi N’gouan Jean Francois Régis
Mechanisms for the consideration of international trade disputes within the WTO: status and prospects
Chen Yutong
The conflict between the WTO Agreements and regional trade agreements in the context of the DS27 EC – Bananas case
INTERNATIONAL PRIVATE LAW
Kupchina E. V.
The influence of digital technologies on the development of modern arbitration: on the example of the American arbitration association
Ermakova E. P.
Online mediation platforms in China
Zazulina L. D.
International succession process – myth or pressing need?
Kupchina E. V.
Artificial intelligence in the system of civil judicial proceedings in Brazil
EUROPEAN LAW
Mukhametgareeva N. M., Yusupova Z. A.
Main trends in the criminal law protection of the environment in the EU
THEORY OF STATE AND LAW
Ananjeva E. O., Ivliev P. V.
To a survey on the positive legal responsibility of the mass media
Baydarova M. A.
Judicial constitutional interpretation of legal exceptions.
Deryugin A. A., Nikonov D. A., Butov S. V.
Theoretical and legal model of the institution of human and civil rights in Russia as the basis of its constitutional and legal status
Karev D. A.
On the issue of the institute of environmental licensing
Malkova L. L.
Goals of public administration and social progress in the Russian Federation: legal aspect
Trofimov S. A., Bondarchuk I. V., Rudenko A. V., Strelnikova I. Yu.
Judicial rule-making as a special form of state activity
Tlupova A. V., Karchaeva K. A.
Principles in the system of methodology of legal monitoring of legislation
Shalagina S. V., Sukhareva I. V., Safina E. A.
To the problem of information security of the state
Karpova Yu. S.
The impact of digital technology on decision making in civil process
Logvinov O. V.
On the concept of “organized defense” of S. A. Muromtsev
HISTORY OF STATE AND LAW
Gazizova L. M., Rudman M. N.
Ethical and legal foundations of the Eurasianism as a reflection of the systemic crisis of Russian statehood in the first half of the twentieth century
Zhamborov A. A., Lashchenko R. A.
Genesis of the Russian judicial reform of 1864
Zavurbekov F. Z.
The system of sources of Fatimid law (X-XII)
Lantseva V. Yu.
The evolution of the legal regulation of merchant shipping in Russian Empire
Shalagina S. V., Sukhareva I. V., Gerasimova D. I.
On the problem of legal support of the urbanization process in the Republic of Bashkortostan (1930-1950)
Gavrikova A. M.
Transformation of the limitation of supreme power in the Russian Empire
CONSTITUTIONAL LAW
Abdulazizova Z. M., Denikaeva S. E.
The Institution of the Commissioner for Human Rights in the international and domestic mechanism for the protection of human rights
Kombarova E. V., Muzalevskaya K. V.
Conflicts of constitutional and legal norms in the post-reform period: problems and suggestions
Efendiev A. A., Ramazanova E. T.
On the implementation of the principles of equality of subjects of the Russian Federation and self-determination of peoples in the light of amendments to the Constitution of the Russian Federation
Borisova N. O.
Features of the mechanism for the implementation in the digital environment of social rights and freedoms of a person and a citizen of the Russian Federation
ADMINISTRATIVE LAW
Aleshin S. V.
Legality and discretion in the activities of the police in the enforcement of legislation on administrative offenses
Biryukova E. R.
Some aspects of evaluating the performance of US government officials
Bondarchuk I. V., Rudenko A. V., Strelnikova I. Yu., Trofimov S. A.
To the question of legal regulation of achievements of scientific progress
Yevsikova E. V., Buts S. B., Kravchenko N. A., Kovalishina K. V.
Problems of improving the legal regulation of migration relations in the Republic of Crimea in the context of digitalization
Zakopyrin V. N., Chistyakov K. A.
The opening of a vehicle as a measure of administrative coercion
Zyryanov I. V., Kapranov A. V., Korenyugin V. V.
Features of the implementation of administrative and jurisdictional activities of the Traffic Police of the Ministry of Internal Affairs of the Russian Federation using technical means to ensure road safety
Nabiullina V. R.
Judicial practice in administrative cases on the dissemination of obviously unreliable socially significant information that poses a threat of interference with the functioning of organizations (Part 9 of Article 13.15 of the Administrative Code of the Russian Federation)
Nedova N. S.
Administrative and legal mechanism for the implementation of the functions of the FAS of the Russian Federation for monitoring and compliance with the requirements of antimonopoly legislation
Yevsikova E. V., Buts S. B., Kravchenko N. A., Kovalishina K. V.
Public responsibility for environmental offenses: theoretical aspects and problems of law enforcement in the digital space
Pavlov D. V., Pavlova L. R.
Features of bringing to administrative responsibility for domestic violence and debauchery in the Russian Federation
Standzon L. V.
General trends in the development of licensing as an administrative procedure in the Russian Federation in the context of COVID-19
Shugaibova S. S., Marianov A. A.
Problems of petty hooliganism in administrative and criminal law
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
On the issue of social responsibility of the mass media
Abdulmanafov A. B., Guseynova L. V.
Military mortgage upon dismissal
Artemjeva E. V., Zhabkin A. S., Shevchenko S. V.
Fighting auto insurance fraud
Bashilov B. I., Oleynik A. D.
On the specifics of proving the unequal value of counter-execution when challenging transactions in bankruptcy proceedings
Begichev A. V., Nazemtsev D. M.
On the issue of remote notarization of decisions of management bodies of legal entities as a tool that ensures the stability of corporate relations
Bikmeev R. D., Akhtyamova E. V.
Permission to install and operation of advertising construction as an act of expression of public interest
Boyarskaya Yu. N.
Legal regulation of relations in the field of management of apartment buildings
Dzyuman A. M., Podosinov D. S., Skripchenko V. S.
The imperative in civil law – freedom of contract
Kuznetsov M. N., Zaytsev V. V.
Institute of judicial representation in the era of digitalization
Kurbatova G. V., Tsibulskaya G. Z.
Legal nature and features of the retail sale agreement
Magomedov A. M., Magomedova A. G.
Problems of the legality of the application of disciplinary sanctions
Mogilevskiy G. A., Komissarov A. V.
Criteria for the commissioning of the activities of the external administration for the management of the organization as an element of the economic sovereignty of the state
Osipov D. D.
Prospects for the development of private detective activities in the Russian Federation
Pirova R. N.
Copyright in Islam
Pronina Yu. O.
Family business “American style”: legal subtleties
Ryabus O. A., Trifonova K. V.
To the question of individual ways of protecting the rights of entrepreneurs in modern conditions
Sklenazh Yu. A., Rusakova E. P.
The formation of a digital notary in the Russian Federation
Ulaeva N. L.
The specifics of legal regulation and individual problems of law enforcement in the placement of parking lots, road pockets and parking lots of vehicles by local governments
Ustyuzhanina V. O.
The problem of defining e-commerce – the consolidation of legislation and global processes
Frolovskaya Yu. I., Bondarenko I. V.
Legal reasoning about the maintenance obligation of parents in relation to the child
Argashokov R. Yu.
The beginnings of civil legislation as the basis for the safety of entrepreneurial activity
Pugacheva A. S.
Civil law status of legal entities as subjects of investment activity
Berman A. M.
The impact of artificial intelligence on the digitalization of court proceedings in Russia and abroad
Karpova Yu. S.
Digital transformation of methods of notifying participants in civil proceedings: current state and prospects
Proskurina D. S.
Problems and prospects for the use of electronic (digital) evidence in сases on the protection of exclusive rights to intellectual property objects
Argashokov R. Yu.
Civil law means of ensuring the security of economic entities
Drobysheva A. V.
The mechanism for implementing the national code of ethics for artificial intelligence: briefly about the main thing or a year later
Kostin A. V.
Invalidity of a transaction made for a purpose contrary to the rule of law or morality
Telibekova D. B.
On the convertible loan agreement in the Russian civil doctrine
CIVIL PROCESS
Isaev G. U., Magomedova K. K.
Some issues of determining the jurisdiction of individual labor disputes
ENTREPRENEURIAL LAW
Chubarova A. S.
The legal nature and main types of business contracts
FINANCIAL LAW
Kolovaylo S. A., Kravchenko N. A.
State financial control in the context of digital transformation
Kravchenko N. A., Vlasenko V. S.
Problems of application of the limits of tax benefit under article 54.1 of the Tax Code of the Russian Federation
Popova L. N., Tregubova E. A.
Compensation of losses on the examination by the institutions of the criminal enforcement system
TAX LAW
Berezina Ya. I., Unterov V. A.
Luxury tax: some aspects of foreign experience and opportunities applications in Russia
Izvekov S. S.
Prospects for the fulfillment of current tax obligations in bankruptcy
BUDGET LAW
Polyakova S. A.
On Part IV of the Budget Code of the Russian Federation: some aspects
ECOLOGICAL LAW
Abravitova Yu. I., Lipsky N. A., Khairusov D. S.
Environmental expertise in the system of environmental safety measures
CRIMINAL LAW
Alyshev S. S.
Basic bandit prevention measures
Arkhipkin I. V., Kornakova S. V.
Kidnapping: definition of the objective side of the crime
Ivantsova N. V.
Reflection of issues of non-execution of punishments in the General and Special parts of criminal law
Knyazeva N. A., Aboyan A. A., Parin D. V.
The unresolved problem of complicity: from the twists of judicial practice to the development of a compromise
Laykova E. A., Gushchin K. A., Zagaynov V. V., Averinskaya S. A.
World experience in countering drug trafficking and the possibility of its use in the Russian Federation
Lakeev A. A., Kuzmin S. S.
Limitation of the convicts legitimate interests in Russian criminallaw
Magomedova A. I., Magomedova D. K.
Features of the release of minors from criminal punishment
Manna Ammar Abdul Karim, Rizaeva D.
Crimes against property in Islamic criminal law
Minyasheva G. I., Ryazanov P. A.
Problems of prevention of crimes committed in educational institutions
Petrova G. O.
Criminal law regulation and some of its boundaries in the XXI century
Arkhipkin I. V., Kornakova S. V.
Evolution of the norms governing responsibility for kidnapping
Toropov S. A., Ponomarev A. V., Novikova T. U.
Analysis of the causes and conditions contributing to the commitment of crimes in the sphere of computer information
Chernyshov V. V., Abovyan E. P.
Factor analysis of economic crime in Russia
Khakimov N. N.
Failure to help a patient: actual problems of legal regulation
Khmeleva Z. A., Popenkov A. V., Antimonova S. I.
Criminal and legal manifestations of the identified trafficking in narcotic drugs and psychotropic poisoning using IT technologies
Nguyen Thu Trang
Principles for the treatment of juvenile delinquents under Vietnamese law
CRIMINAL PROCESS
Golovastova Yu. A.
Juror in the Russian criminal trial
Gadzhikerimova S. K., Kukhtyaeva E. A.
Problems of criminal prosecution in cases of crimes committed by organized groups
Domovets S. S., Sinkevich V. V.
The use of innovative technologies in the investigation of crimes: procedural and forensic aspects
Ivanova A. N.
Simplified procedure of criminal proceedings in the 20s of the XX century as a manifestation of repressive policy (on the example of Tomsk province)
Makogon I. V., Ignatova E. A.
Some features of the repeated investigative examination according to the sequence of conduct
Milova I. E., Anisimov A. A., Makarov E. S.
Genesis of normative approaches to the application of house arrest in the domestic criminal process
Ponomarev A. V., Novikova T. U., Toropov S. A.
General issues of organizing and conducting an incident site inspection
Popova D. Yu., Stepanenko Yu. S.
Essence and problems of methodological and forensic support in criminal legal proceedings
Savitskaya Yu. P., Skifskaya K. N.
Forensic examinations as key evidence in the investigation of criminal cases of incitement to suicide
Safonova Yu. S.
Problems of procedural independence of the investigator
Domovets S. S., Sinkevich V. V.
Features of the appointment and production of forensic tax examinations in the investigation of crimes in the field of economic activity: problems, solutions
Milova I. E., Anisimov A. A., Khachatryan R. E.
Criminalization of responsibility for extortion: main stages
Shavkarova E. E.
History of the formation and development of the institute of pre-trial cooperation agreement in Russian criminal proceedings
Fetishcheva L. M., Shubina E. P.
Some aspects of the interaction of operational units of the penal enforcement system with the bodies of preliminary investigation
Tsibulskaya G. Z., Kurbatova G. V.
Concept and legal properties of evidence in criminal proceedings
Alieva I. S.
Concept of criminal liability of legal entities, historical development
Gadadov I. S.
The role of the investigator in the formation and evaluation of evidence in criminal proceedings
Levichev D. A.
The role and significance of the prosecutor’s supervision over the activities of the preliminary investigation bodies
Titenko Yu. E.
The prospect of litigation is the specific institution of criminal proceeding
Тregubova Е. A.
Features of the presentation of evidence to the court during the execution of the sentence by the staff of the penal inspection
CRIMINAL-EXECUTIVE LAW
Bevz L. V.
On the issue of the readiness of the forces and means of the penal enforcement system of the Russian Federation in case of complication of the operational situation and measures to improve it
Koval M. I., Kurbatova G. V.
Administrative and legal aspects of the activities of correctional centers of the Federal Penitentiary Service of the Russian Federation
Korolchuk O. O
The functions of public organizations in the correction of juvenile convicts
Kurbanmagomedov M. R., Kukhtyaeva E. A.
Problems of legal regulation of the organization of educational influence on convicts
Nasreddinova K. A., Kameneva I. M.
Features of interaction of institutions executing punishments with civil society during the pandemic
Minkova E. A.
Labor adaptation in the process of resocialization of those sentenced to imprisonment
Popova E. E.
Legal regulation of the participation of public associations in educational work with convicts registered with the criminal executive inspections
Prokhorova M. V.
Interdependence of perception by employees of educational colonies of the use of incentive measures for convicts and evaluation of their effectiveness
Sevostyanova A. G., Khasanova V. A.
Interaction of civil institutions of society with penitentiary structures: experience of foreign countries
Cherezova M. A.
India’s experience in the issue of social work with convicts
CRIMINALISTICS
Erokhin R. A., Antonenko A. E.
Problems of legisiation egisiation in the field, regulating the use of special chemicals in the operational – search activities of the internal affairs bodies
CRIMINOLOGY
Evlushina D. N.
On separate aspects of corruption crimes
Ismailov G. O., Tailova A. G., Magdilov N. M.
Separate issues of criminal liability for banditry
Musaev K. B., Marianov A. A., Mirzayeva Z. Z.
Criminological features of theft committed by minors
Tailova A. G., Daitova P. I.
Comprehensive mechanism for combating cross-border terrorism
Skifskaya A. L., Skifskaya K. N.
The role of the Internet in the criminal suicide of minors: features of the investigation of criminal cases
Stepanenko D. A.
Legal assessment of blockchain in digital criminology
Tailova A. G., Daitova P. I.
Criminological analysis and features of prevention of certain categories of reckless crimes
JUDICIARY
Strelnikova I. Yu., Trofimov S. A., Rudenko A. V., Bondarchuk I. V.
On the question of the enforceability of judicial acts
LAW ENFORCEMENT AGENCIES
Gedugoshev R. R., Daurov A. I.
Topical issues of lawful use of firearms by police officers
Kaznacheev V. A.
The role of physical training in the official activity of an employee of the penitentiary system
Kardanov A. A.
Factors of ensuring the personal safety of police officers during the detention of offenders
Kodzokova L. A., Malaev A. K.
Fundamentals of preventive work of departments for juvenile affairs of internal affairs bodies
Petrov P. S., Didorenko N. N., Fakov A. M.
Perspective directions for improving fire training of power structures employees
Kharaev A. A., Maslienko M. A.
On the prevention of corruption in the department of internal affairs
Khazhirokov V. A.
Combat techniques of fighting on guard of law and order: the role of tactical preparedness
Shalamov V. V., Zalaev R. D., Cherneykin P. P.
Some questions of the psycho-emotional state of an employee of the internal affairs bodies
Sukhova O. V., Makhov A. V., Ufimtsev A. D.
Implementation of measures to prevent corrupt official behavior and resolve conflicts of interest among National Guard employees
Shevtsova V. A.
Features of detection and suppression of illegal actions on the Internet among minors
SECURITY AND LAW
Abramov I. R., Kochneva L. V., Shalkov A. A.
Information security in the context of scientific publication activity
Golyandin N. P., Taova L. Yu., Verkhovetsky I. V.
Problematic issues of countering manifestations of extremism in the subjects of the north Caucasus federal district
Molokov V. V.
Criminal camouflage: how anonymous is the Darknet
Teuvazhev Z. A.
Legal aspect of countering terrorism and extremism
Tokbaev A. A., Savchuk N. A.
Countering the spread of extremism in the global information space
Abramov I. R., Bashirina E. N., Bayrushin F. T.
Information security and inertia of executive power
Shogenov T. M., Kuchmezov R. N.
Topical issues of the spread of information extremism on the global internet
STATE AND LAW
Borisenko L. V., Trifonova K. V.
Commissioners for the protection of the rights of entrepreneurs in the system of interactions with public authorities in the Russian Federation
Lanovoy V. G., Nesterenko A. V.
A systematic approach to the typology of states: basic concepts, principles
Fastovich G. G., Litvinova V. S., Kudashova I. V.
State regulation and the institute of information technologies: correlation issues
PEDAGOGY AND LAW
Askarova G. B., Sabekiya R. B.
Legal socialization of the younger generation in Bashkir folk pedagogy
Bauaev Sh. Kh.
The role of applied physical training in the performance of internal affairs officers
Erin K. A., Druzhinin A. V., Panova O. S.
The importance of improving the teaching methodology for improving the effectiveness of professional and service training of police officers
Zorina N. S.
Manifestation of suicidal behavior among minors
Kanzafarov M. A., Panova O. S., Lukyanov A. B.
Physical training in educational institutions Ministry of Internal Affairs of Russia: the role and importance of academic discipline in the formation of professional competence of future law enforcement officers
Izilyaeva L. J., Mikhaylova K. V.
Features of the implementation of the programs “5-100” and “Priority-2030” in the Russian Federation
Manukyan A. R.
Personal qualities and skills of students of educational organizations of the system of the Ministry of Internal Affairs of Russia, necessary for the introduction of measures to counter extremism and terrorism into the educational process
Meshev I. Kh.
Ways to improve the effectiveness of combating crime at the present stage
Mingulov I. R., Kazbekov T. S., Panova O. S.
Actual problems of legal regulation of the sports sphere in the Russian Federation
Sevostyanova A. G., Popov I. A.
Implementation features of the prisoners` right to education in Russia and foreign countries
Nimirovskaya Yu. K.
Dissemination of innovative pedagogical experience in educational organizations of the Ministry of Internal Affairs of Russia: methodological aspect
Ragzin N. S., Zagorulkin K. A.
About the seminar session at the University at the present stage of development
PSYCHOLOGY AND LAW
Majuga A. G., Yumagulova N. I., Samoylov N. A., Belyaeva L. V., Gaysin E. D.
Emotional upbringing as a basic indicator of a specialist’s personal competence in socionomic professions
SOCIOLOGY AND LAW
Ambrushkevich K. V.
Social portrait of subjects of youth entrepreneurship
ECONOMY. LAW. SOCIETY
Lukmanova Yu. S., Abrarova Z. F.
Methods of management and improvement of the effective activity of the head of the social sphere
Mukhamadieva E. F., Galimullina S. R., Galimullina N. A., Gilyzova A. I.
The impact of the execution of extra-budgetary funds on the economic security of the state
Nikitenkova M. A.
Legislative and institutional aspects of building digital infrastructure in healthcare system in the USA and Canada
Novikova O. S., Tinyakova V. I.
Harmonization of the organizational structure of management and the business model of the enterprise in the context of digitalization of the economy
Popova T. V., Zaripov R. R.
Ensuring Russia’s Technological Independence as a Basis for Sustainable Development of the National Economy
Uglinskaya V. V.
The evolution of reforming the housing and communal services system in the Russian Federation at the present stage
Liang Ting
System of methods for assessing the competitiveness of corporate structures
Pshibylskiy D. Yu.
The role of personnel evaluation in improving the efficiency of professional activity of civil servants
PHILOSOPHY. LAW. SOCIETY
Akbasheva D. Kh.
Axiological foundations of humanism in Islam
Vezlomtsev V. E., Vezlomtseva S. G.
Corruption is a qualitative portrait of the phenomenon in a quantitative dimension
Gofman A. A., Timoschuk A. S.
«All Russians citizens are Russians by mentality»: problems of national-civil identity formation in the process of SMO
Zubkov S. A.
Ecophilic philosophy of ahimsa
Lang P. P., Polikarpov O. E.
Legal activity: philosophical and legal aspect
Runaev R. Yu.
Philosophical understanding of the moral imperative in Kantian ethics
Shayslamova M. M.
The phenomenon of mass culture (philosophical aspect)
Shaykhutdinova D. R., Fayzullin F. S.
Crowdsourcing as an institution of socio-economic studies
Shilova O. S., Khomich N. V.
Information as an object of philosophical cognition: the stages of formation of the global information society
Arсhibasov M. E.
The world order and human nature as the determining grounds of social imitation
Lang P. P., Papchikhin P. S.
The human right to life in the philosophical and anthropological sense
Nekrasov D. V.
Morality, politics, war in the philosophy of Immanuel Kant
Usmanov M. R.
To the problem of social forecasting and design: philosophical and methodological analysis
INTERNATIONAL LAW
ZIMNENKO Bogdan Leonidovich
Ph.D. in law, professor
ON THE QUESTION OF THE SIGNIFICANCE OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION IN THE LIGHT OF THE WITHDRAWAL OF THE RUSSIAN FEDERATION FROM THE COUNCIL OF EUROPE
Despite the withdrawal of the Russian Federation from the Council of Europe and the planned denunciation of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and its Protocols, the article concerns to the arguments in favor of the need for legislative , executive and judicial authorities of the Russian Federation to take into account legal positions in their activities of the European Court of Human Rights to the extent that it does not contradict the Constitution of the Russian Federation as interpreted by the Constitutional Court of the Russian Federation.
Keywords: Constitution of the Russian Federation, Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and its Protocols, denunciation, judgments (decisions) of the European Court of Human Rights, international treaties of the Russian Federation, generally recognized principles and norms of international law, protection rights and freedoms of man and citizen, international treaty bodies of the UN, withdrawal of the Russian Federation from the Council of Europe.
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economic sciences, professor of Constitutional and international law sub-faculty of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, Head of Humanitarian and social and economical disciplines sub-faculty of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
HISTORICAL AND INTERNATIONAL LEGAL ASPECTS ACCESSION OF FINLAND AND SWEDEN TO NATO
Events in Ukraine have had a huge impact on the system of international relations in general and, in particular, in Northern Europe. For the first time in many decades, the question arose of maintaining a commitment to the policy of neutrality. Joining the Alliance of the two Northern European countries may destroy the foundations of cooperation and good-neighborly relations with Russia, leading to a complication of military and political tensions in the Baltic region, in the Arctic latitudes.
Keywords: Russia, Sweden, Finland, Turkey, the policy of neutrality, North Atlantic Alliance (NATO), special military operation, cooperation, international law.
Work bibliographic list
1. Gribanov G.I., Kosov Yu.V. NATO policy in the Baltic – goals and priorities // Baltic region (VAK, RSCI). 2018. V. 10. S. 58-59.
2. Gromov K. The Baltic frontier: what awaits the Russian Federation if Finland and Sweden join NATO? // Baltic frontier: what awaits the Russian Federation if Finland and Sweden join NATO? — Readovka.news
3. Gulyakin S.S. Double neutrality of Sweden in 1940-1970. // Scientific and technical statements of St. Petersburg State Polytechnical University. Humanities and social sciences. 2018. V. 9. No. 1. S. 45-53. B01: 10.18721/JHSS.9105
4. Danilov D.A. Finland and Sweden at NATO Open Doors // Scientific and Analytical Bulletin of IE RAS. 2022. No. 2. S. 16-23. DOI: 10.15211/vestnikieran220221623; C. 16.
5. How did the positions of Finland and Sweden change on the issue of joining NATO// TACC/ 18.05.2022. [Electronic resource]. – Access mode: How did the positions of Sweden and Finland change on the issue of joining NATO – TASS (tass.ru)
6. Kezak I. The Baltic Gambit: what did Finland decide to sacrifice for NATO membership // Izvestia (electronic edition), 05/21/2022. [Electronic resource]. – Access mode: Baltic Gambit: what did Finland decide to sacrifice for NATO membership / Articles / Izvestiya (iz.ru)
7. Malysheva E.M. Swedish “Neutrality” in the Second World War // Bulletin of St. Petersburg University. History (Scopus, HAC, RSCI, ESCI), 2016, Series 2, Issue 2. With. 4-17. DOI: 10.21638/11701/spbu 02.2016.201
8. Manoilo A.V., Trunov F.O. Military-political activity of NATO in the Baltic countries at the present stage // Problems of European security. 2018. S. 159-172
9. Plevako N. Swedish and Finnish neutrality. In the past? // Scientific and analytical bulletin of IE RAS. 2022. No. 2. S. 24-31. DOI: 10.15211/vestnikieran220222431;
10. The President of Croatia opposed the entry of Finland and Sweden into NATO. 04/26/2022 (electronic edition). [Electronic resource]. – Access mode: Croatian President opposed the entry of Finland and Sweden into NATO – RBC (rbc.ru)
11. Timofeev I.N. Doubtful efficiency? Sanctions against Russia before and after February // Russia in Global Affairs. 2022. V. 20. No. 4. S. 136-152. [Electronic resource]. – Access mode: Questionable efficiency? Sanctions against Russia before and after February – Russia in Global Affairs (globalaffairs.ru)
12. Turkey declared dissatisfaction with Sweden and Finland’s extradition requests // Izvestia (electronic edition), August 18, 2022 [Electronic resource]. – Access mode: Turkey declared Sweden and Finland dissatisfied with extradition requests: Politics: World: Lenta.ru
13. “A clear signal of Russia”: the Scandinavian countries have concluded a defense agreement // Military Review. 09/24/2020 (electronic edition). [Electronic resource]. – Access mode: “Clear signal of Russia”: the Scandinavian countries have concluded a defense agreement (topwar.ru)
14. Shablovsky V.S. Relations between Russia and NATO in the context of the crisis in Ukraine // Post-Soviet Studies. 2019. V. 2. No. 2. S. 1032-1040.
15. Erdogan said that Turkey will not agree to the entry of Sweden and Finland into NATO (electronic edition). [Electronic resource]. – Access mode: Erdogan said that Turkey will not agree to the entry of Finland and Sweden into NATO – TASS (tass.ru)
16. Holmström, M. (2022). Minsk admisstro mot Sverigesforsvar. DagensNyheter. 01/10/2022. Available at: [Electronic resource]. – Access mode: https://www.dn.se/sverige/minskad-misstro-mot-sveriges-forsvar/ (accessed 04/10/2022).
INTERNATIONAL LAW
FARKHUTDINOV Insur Zabirovich
Ph.D. in Law, Editor-in-Chief of the Eurasian Law Journal, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
KINGDOM OF MOROCCO AND THE STATE OF ISRAEL: INTERNATIONAL LEGAL FRAMEWORK FOR COOPERATION. WHAT WILL PREVAIL – ZIGZAG POLITICS OR POLITICS OF REALITY?
Morocco, the United States and Israel signed a Joint Declaration two years ago declaring that the United States recognizes Moroccan sovereignty over the entire territory of Western Sahara and reiterates its support for a serious, credible and realistic proposal for autonomy as the only basis for a just and lasting solution to the dispute over the territory of Western Sahara. Sahara. Under this tripartite document, Morocco was the fourth Muslim country to establish relations with Israel. A little earlier in the same 2020, as part of the Abraham Accords, Bahrain, Sudan and the UAE established diplomatic relations with Israel. The peace agreements have received a sharp response in the Middle East. Many countries in the region condemned these Muslim states for rapprochement with Israel. How is the process of normalization of relations between Morocco and Israel proceeding? What historical background favors the politics of reality in bilateral relations?
This material of the author is a continuation of his scientific and practical researches, published in different years in the Eurasian Law Journal.
Keywords: “Abraham Accords”, Jewish Community of Morocco, Western Sahara, Mohammed VI, Benjamin Netanyahu, League of Arab States, Al-Quds Committee, “May War”, “Negev Summit”.
Work bibliographic list
1. UN, The United Nations and Decolonization, Non-Self-Governing Territories, at: [Electronic resource]. – Mode of access: https://www.un.org/dppa/decolonization/en/nsgt.
2. See: Independence Betrayed. Collection of studies and documents on the modern history of the Saharan Arab Democratic Republic / Compiled by Elena Vicens. M.: REGNUM, 2007. 118 p.
3. White House Press Release, Proclamation on Recognizing the Sovereignty of the Kingdom of Morocco Over the Western Sahara (Dec. 10, 2020), at: [Electronic resource]. – Mode of access: https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-recognizing-sovereignty-kingdom-morocco-western-sahara [https://perma.cc/EP9Y-9MLG].
4. United States Recognizes Morocco’s Sovereignty Over Western Sahara // American Journal of International Law. Volume 115. Issue 2. April 2021. Pp. 318-323.
5. The President of the Republic, the Supreme Commander of the Armed Forces, Officially Declares the End of the Ceasefire Commitment, Sahara Press Serv. (Nov. 14, 2020), at: [Electronic resource]. – Access mode: https://spsrasd.info/news/ar/articles/2020/11/14/28488.html.
6. White House Press Release, President Donald J. Trump Has Brokered Peace Between Israel and the Kingdom of Morocco (Dec. 11, 2020), at: [Electronic resource]. – Mode of access: https://trumpwhitehouse.archives.gov/briefings-statements/president-donald-j-trump-brokered-peace-israel-kingdom-morocco [https://perma. cc/W8Z6-Z76J].
7. James A. Baker III, Opinion: Trump’s Recognition of Western Sahara Is a Serious Blow to Diplomacy and International Law, Wash. Post (Dec. 17, 2020), at: [Electronic resource]. – Access mode: https://www. washingtonpost.com/opinions/2020/12/17/james-baker-trump-morocco-western-sahara-abraham-accords.
8. Adwan Fathi Hishamm. “Cold peace” between Israel and Morocco: a look into the future // Blog of the Ural Association of Young Middle Easterners. July 23, 2021.
9. Ponomarenko L. V., Chikrizova O. S. Foreign policy priorities of the Kingdom of Morocco // Vestnik RUDN. Series General History. 2014. No. 1. P. 171.
10. Nosenko E. Moroccan Jews: a path in history. Published: 22 Feb. 2015.
11. Dan D. History of the Jewish community in Morocco; Lazaris V. Guide to Galut. E
Jewish world in one book. M.: Knizhniki, 2019.
12. Lukoyanov A. K., Tronov A. M. Israel and Morocco: the politics of reality. May 10, 2006.
13. Pavlutskaya E. V. Moroccan-Israeli relations // Middle East and modernity. Issue 38. M.: IBV, 2009.
14. Morocco’s Diplomatic Morass. January 4, 2022
15. Tsukanov L. After the “Negev”: the future of collective security in the Middle East. RIAC. May 16, 2022.
INTERNATIONAL LAW
VOLKOVA Alina Aleksandrovna
postgraduate student of International law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE RELATIONSHIP OF THE WTO LFS AND REGIONAL MECHANISMS FOR THE CONSIDERATION OF TRADE DISPUTES: A NEW ROUND OF DISCUSSIONS
The wave of regionalism that has swept over the world legal order in recent years has entailed not only quantitative changes in the number of regional agreements concluded, but also a qualitative expansion of their content. In contrast to the universal mechanism for the consideration of trade disputes within the WTO, regional legal systems have their own jurisdictional bodies. In the context of the crisis of the WTO Appellate Body, the international scientific community is re-actualizing discussions about the relationship between universal and regional mechanisms for resolving trade disputes.
Keywords: World Trade Organization, regional trade agreements, Agreement on rules and Procedures governing Dispute Resolution in the WTO, competition of jurisdictions, mechanism for resolving trade disputes.
Work bibliographic list
1. Khuzikhanova A. R. WTO Dispute Resolution Body and Judicial Mechanisms of International Regional Economic Integration Organizations: Conflict of Jurisdictions // Russian Journal of Law. 2016. No. 6 (111). pp. 47-51.
2. Spartak A. N. Metamorphoses of the regionalization process: from regional trade agreements to mega-regional projects // Outlines of global transformations: politics, economics, law. 2017. V. 10. No. 4. S. 13-37.
3. Baronchini E. WTO and regional dispute resolution systems: conflict of jurisdictions // International Justice. 2014. No. 3 (11). pp. 131-136.
4. Smbatyan A. S. WTO and regional integration associations: the ratio of “legal forces” in the settlement of trade disputes // Russian. foreign economic messenger. 2011. No. 8. S. 74-82.
5. Solntsev A. M., Golubev V. V. WTO and regional integration associations: competition of jurisdictions and applicable principles of law in resolving interstate disputes // Vestnik VolGU. Ser. 5. Jurisprudence. 2013. No. 1. S. 93-98.
6. Kugeiko I. V. Characteristics of the jurisdictions of the mechanisms for resolving international economic disputes // Law. Economy. Social partnership: a collection of reports of the International scientific and practical conference dedicated to the 90th anniversary of the Educational Establishment of the Federation of Trade Unions of Belarus “International University” MITSO “(Minsk, March 26, 2020): at 2 hours / [editorial board: V. V Losev (editor-in-chief), etc.]. Minsk: MITSO, 2020. Part 1. S. 471-474.
7. Trunk-Fedorova M.P. Dispute resolution under free trade agreements: an alternative to the mechanism of the World Trade Organization? // International justice. 2019. No. 3 (31). pp. 102-113.
8. Kolchagin G.M. The collapse of the Appellate Body as a determining factor for the future of the WTO // Vestnik mezhdunarodnykh organizatsii. 2021. V. 16. No. 3. S. 238-255.
9. Ispolinov A.S. To the 20th anniversary of the WTO: a critical look at the practice of the Dispute Settlement Body// Trade policy/Trade policy. 2015. No. 1/1. pp. 10-30.
10. Ehring L. Public Access to Dispute Settlement Hearings in the World Trade Organization. // Journal of International Economic Law. 2008 No. 11 (4). P. 1021-1034.
INTERNATIONAL LAW
AYRIYAN Erna Vladimirovna
a Chairman of the Court of the Eurasian Economic Union
A CRISIS OF NORMATIVE LEGITIMACY OF INTERNATIONAL INVESTMENT ARBITRATION
The article examines the main causes of the current crisis of the legitimacy of the existing arbitration system of solving investment disputes, with special attention being paid to the origin of the theory of legitimacy in international law, as well as the normative and subjective legitimacy of international courts and arbitrations. According to the author, crisis phenomena are noted in both aspects of the legitimacy of international investment arbitration, and it was the crisis of normative legitimacy that influenced the intention of states to reform the existing arbitration mechanism for resolving investment disputes. The most radical solution in this direction is the EU proposal to completely replace the arbitration system with a permanent international investment court.
Keywords: international investment arbitration, normative and subjective legitimacy, crisis.
Work bibliographic list
1. Alvarez J., Topalian G. The Paradoxical Argentina Cases // World Arbitration & Mediation Review. – 2012. – Vol. 6. – P. 492-543.
2. Ataman-Figanmeşe I. Manufacturing Consent to Investment Treaty Arbitration By Means of the Notion Of “Arbitration Without Privity” // Annales de la Facultéde Droit d Istanbul. – 2011. – no. 60. – P. 187-201.
3. Bonnitcha J., Poulsen L. Waibel M. The Political Economy of the Investment Treaty Regime. – Oxford University Press, 2017.
4. Bottini G. Should Arbitrators Live on Mars? Challenge of Arbitrators in Investment Arbitration // Suffolk Transnational Law Review. – Vol. 32. – P. 341-365.
5. Brower Ch., Schill S. Is Arbitration a Threat or a Boon to the Legitimacy of International Investment Law? // Chicago Journal of International Law. – 2009. – Vol. 9. – No. 2. – P. 471-498.
6. Curtis S. Resolving Investor State Dispute Settlement’s Legitimacy Crisis: The Case for Reinstating the Requirement to Exhaust Local Remedies // LSE Law Review. – 2021. – Vol. VII. – P. 6.
7. Diamond N., Duggal K. Adding New Ingredients to an Old Recipe: Do ISDS Reforms and New Investment Treaties Support Human Rights? // Case Western Reserve Journal of International Law. – 2021. – Vol. 53.–No. 1. – P. 117-162.
8. Franck S. Legitimacy Crisis in Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions // Fordham Law Review. – 2005. – Vol. 73. – P. 1520-1625.
9. Franck T. Legitimacy in the International System // American Journal of International Law. – 1988. – Vol. 82. – No. 4. – P. 705-759.
10. Grossman N. The Normative Legitimacy of International Courts // Temple Law Review. – 2013. – Vol. 86. – P. 61-106.
11. Grossman N. Legitimacy and International Adjudicative Bodies // The George Washington International Law Review. – 2009. – Vol. 41. – No. 1. – Pp. 107-180.
12. Hartmann S., Spruk R. The impact of unilateral BIT terminations on FDI: Quasi experimental evidence from India // The Review of International Organizations. – 2022. – Vol. 17. – No. 3. [Electronic resource]. – Access Mode: https://link.springer.com/article/10.1007/s11558-022-09471-3.
13. Kim D. The Annulment Committee’s Role in Multiplying Inconsistency in ICSID Arbitration: The Need to Move away from an Annulment-Based System // New York University Law Review. – 2011. – Vol. 86. – No. 1. – P. 242-279.
14. Kulaga L. A brave, new, international investment court in context. Towards a paradigm shift of the ISDS // XXXVIII Polish yearbook of international law. – 2018. – P. 115-139.
15. Langford M., Daniel Behn D. Managing Backlash: The Evolving Investment Treaty Arbitrator? // The European Journal of International Law. – 2018. – Vol. 29. – No. 2. – P. 551-580.
16. Lowenfeld A. The ICSID Convention: Origins and Transformation // Georgia Journal of International and Comparative Law. – 2009. – Vol. 38. – P. 47-61.
17. Marceddu M., Ortolani P. What Is Wrong with Investment Arbitration? Evidence from a Set of Behavioral Experiments // The European Journal of International Law. – 2020. – Vol. 31. – No. 2. – P. 405-428.
18. Pauwelyn J. At the edge of chaos? Foreign Investment Law As A Complex Adaptive System, How It Emerged And How It Can Be Reformed // ICSID Review – Foreign Investment Law Journal. – 2014. – Vol. 29. – R. 372-418.
19. Puig S. Recasting ICSID’s Legitimacy Debate-Towards a Goal-Based Empirical Agenda // Fordham International Law Journal. – 2013. – Vol. 36. – No. 2. – P. 465-503.
20. Puig S. Social Capital in the Arbitration Market // The European Journal of International Law. – 2014. – Vol. 25. – No. 2. – P. 387-424.
21. Roberts A. Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System // American Journal of International Law. – 2013. – Vol. 107. – No. 1. – P. 45-94.
22 Sands Ph. Reflections on International Judicialization // The European Journal of International Law. – 2016. – Vol. 27. – No. 4. – P. 885-900.
23. Simmons B. Bargaining over BITs, Arbitrating Awards: The Regime for Protection and Promotion of International Investment // World Politics. – 2014. – Vol. 66. – P. 12-46.
24. Sornarajah M. The International Law on Foreign Investment. 3rd edition. – Cambridge University Press, 2010.
25. Thomas J., Dhillon H. The Foundations of Investment treaty Arbitration, The ICSID Convention, Investment Treaties and the review of Arbitration Awards // ICSID Review – Foreign Investment Law Journal. – 2017. – Vol. 32. – No. 3. – P. 459-502.
26. Vandevelde K. J. A Brief History of International Investment Agreements // U.C. Davis Journal of International Law & Policy. – 2005. – Vol. 12. – No. 1. – P. 157-194.
27. Zárate J. Legitimacy Concerns of the Proposed Multilateral Investment Court: Is Democracy Possible? // Boston College Law Review. – 2018. – Vol. 59. – No. 8. – P. 2765-2790.
28. Zarra G. The Issue of Incoherence in Investment Arbitration: Is There Need for a Systemic Reform? // Chinese Journal of International Law. – 2018. – Vol. 17. – P. 137-185.
29. Zhang Y. The Judicial Function of Investment Tribunals: Taking Foundational Assumptions Seriously // Journal of International Economic Law. – 2022. – Vol. 25. – No. 1. – P. 129-147.
30. Evseev E. Systemic crisis of international investment arbitration: causes, ways out // International Justice. – No. 1 (41). – S. 138-162.
31. Ispolinov A. Termination of international treaties: a riot of colors beyond the framework of the Vienna Convention on the Law of Treaties of 1969 // International Justice. – 2022. – No. 3 (43). – S. 75-95.
32. Ispolinov A. S. Where is modern investment arbitration going? // Russian legal journal. – 2015. – No. 3. – P. 80-96.
33. Ispolinov A. S. Limitation periods in international justice: doctrine and practice // Moscow University Bulletin. Episode 11: Right. – 2021. – No. 1. – P. 41-67.
34. Kozhedub A. P. The crisis of the legitimacy of international investment arbitration: an analysis of current problems and ways to overcome new challenges // Bulletin of the Vladimir Law Institute. – 2021. – No. 2 (59). – S. 65-73.
35. Ovuko-Opuko E. Problems of the legitimacy of trade and investment agreements from the point of view of developing countries // Bulletin of the O. E. Kutafin University (MSUA). – 2020. – No. 2. – P. 95-108.
INTERNATIONAL LAW
KOFFI N’gouan Jean Francois Regis
postgraduate student of the 3rd course of International law sub-faculty of the Peoples’ Friendship University of Russia
MECHANISMS FOR THE CONSIDERATION OF INTERNATIONAL TRADE DISPUTES WITHIN THE WTO: STATUS AND PROSPECTS
In terms of WTO main activity, the is an existing mechanism to resolve international trading conflict which also becomes a political one and requires an independent solution. However, that does not abolish the fact of existing problems within the work of the WTO, especially those affecting the legal status of the organization, its capabilities in terms of the International Law system, as well as its actions and mechanisms to solve the conflict situations.
Keywords: international trade organization, international disputes, trade, negotiations, economic cooperation.
Work bibliographic list
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2. Bossche P. V. The Law and Policy of the World Trade Organization. – Cambridge: Cambridge University Press, 2008. – 917 p.
3. Smbatyan A.S. International trade disputes in GATT. WTO: Selected Decisions (1952-2005). – M.: Wolters Kluver, 2006. -336 p.
4. Trofimenko S. Yu. Dispute resolution mechanism in GATT/WTO // Bulletin of St. Petersburg State University. – 2008. – Series 5. No. 2. – P. 80-89.
5. Trunk-Fedorova M.P. Dispute resolution within the framework of the World Trade Organization. – St. Petersburg: SF SPbSU. – 2005. – 312 p.
6. Isachenko T. M. WTO reform: prerequisites, conditions and prospects // Bulletin of MGIMO University. – 2016. – No. 3 (48). – S. 239-248.
7. Musikhin V. I., Evstyukhina K. K., Panov A. V. Trade wars and the WTO // International Economics. – 2019. – No. 3. – S. 22-36.
8. Isachenko T. M. WTO dispute resolution system. // International processes. – 2019. – No. 4. – S. 22-35.
9. Zagashvili V. S. Stagnation in the WTO as a manifestation of the crisis of globalization // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2019. – T. 63. No. 6. – S. 5-12.
10. Zaitseva L. I. Rights of states in the process of resolving disputes in the World Trade Organization. Dis. … Ph.D. – M., 2016. – 254 p.
11. Smbatyan A. S. International trade disputes in GATT. WTO: Selected Decisions (1952-2005). – M.: Wolters Kluver, 2006. -336 p.
12. Solovyova O. The WTO becomes a victim of the US conflict with China // International Economics. – 2019. – No. 2. – P. 6-8.
13. Trofimenko S. Yu. Dispute resolution mechanism in GATT/WTO // Bulletin of St. Petersburg State University. – 2008. – Series 5. No. 2. – P. 80-89.
14. Karpovich O. G. Prospects for trade confrontation between China and the USA // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of Russia. Russia and the world. – 2020. – No. 4. – P. 95-109.
15. Basedow R. Strengthening the World Trade Organization – Critical Demands for Imperative Success Identifying Politically Viable Options for Incremental Reform. – 2017. – P. 4. [Electronic resource]. – Access mode: www. bertelsmann-stiftung.de/. (date of access: 20.07.2022)
16. Bown C. The 2018 trade war and the end of dispute settlement as we knew it // Vox EU column. – 2019. [Electronic resource]. – Mode of access: https://cepr.org/voxeu/columns/2018-trade-war-and-end-dispute-settlement-we-knew-it (accessed 20.08.2022)
17. Memorandum of Understanding. City of Palm Desert: CSUSB Scholar Works. (1994). Article 17, Appellate review, paragraph 1. [Electronic resource]. – Access mode: https://scholarworks.lib.csusb.edu/cgi/viewcontent.cgi?article=1001&context=pdc-history. (date of access: 07/23/2022)
18. Memorandum of Understanding. City of Palm Desert: CSUSB ScholarWorks. Article 17, paragraph 3. [Electronic resource]. – Access mode: https://scholarworks.lib.csusb.edu/cgi/viewcontent.cgi?article=1001&context=pdc-history. (date of access: 07/26/2022)
19. Siroën J. M. Trump’s Trade Wars: Hero on Multilateralism. //Foreign Policy. – 2018 – No. 4. – p. 97.
20. Sierpinski B., Tourard H. Mise à l’épreuve du système de règlement des différends de l’OMC. Est-ce un rejet du multilatéralisme ou une mise en cause de l’ordre économique actuel? // Revue Internationale de droit economique. – 2019. – T. XXXIII, No. 4. – P. 423-
447.
21. Dunoff J. L, Pollack M.A. The Judicial Trilemma. // The Temple University Legal Studies Research Paper. [Electronic resource]. – Access Mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2955172. (date of access: 24.08.2022)
22 U.S. blocks WTO judge reappointment as dispute settlement crisis looms. [Electronic resource]. – Mode of access: https://www.reuters.com/article/us-usa-trade-wto/u-s-blocks-wto-judge-reappointment-as-dispute-settlement-crisis-looms-idUSKCN1LC19O. (date of access: 20.08.2022)
23. Adinolfi. G. “Procedural Rules in WTO Dispute Settlement in the Face of the Crisis of the Appellate Body.” – 2019. – P. 52.
24. Organe de règlement des différends de l’OMC – Faits nouveaux en 2018. [Electronic resource]. – Access mode: https://www.wto.org/french/tratop_f/dispu_f/sunata_19_f.htm. (date of access: 20.08.2022)
25. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P. 9-10.
26. McDougall R. The Crisis in WTO Dispute Settlement: Fixing Birth Defects to Restore Balance. // The Journal of World Trade. – 2018. – No. 52 (6). – P. 881.
27. McDougall R. The Crisis in WTO Dispute Settlement: Fixing Birth Defects to Restore Balance // The Journal of World Trade. – 2018. – No. 52 (6). – P. 879.
28. Résumé de la réunion du Conseil général du 7 mai 2019. [Electronic resource]. – Access Mode: https://www.wto.org/french/news_f/news19_f/sum_gc_may19_f.htm. (Accessed: 08/20/2022)
29. Dunoff J.L, Pollack M.A. The Judicial Trilemma. [Electronic resource]. – Access Mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2955172. (date of access: 20.08.2022)
30. Zhou W. Gao H. “Overreaching” or “over-reacting”? Reflections on the Judicial Function and Approaches of the WTO Appellate Body // Journal of World Trade. – 2019. – Vol. 53. No. 6. – P.21.
31 U.S. blocks WTO judge reappointment as dispute settlement croisis looms. [Electronic resource]. – Mode of access: https://www.reuters.com/article/us-usa-trade-wto/u-s-blocks-wto-judge-reappointment-as-dispute-settlement-crisis-looms-idUSKCN1LC19O. (date of access: 26.08.2022)
32. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P. 7.
33. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P.10.
34. Basedow R. Strengthening the World Trade Organization – Critical Demands for Imperative Success Identifying Politically Viable Options for Incremental Reform. – 2017. – P. 4.
35. Hoekman B. Urgent and Important: Improving WTO Performance by Revisiting Working Practices. // Journal of World Trade. – 2019. – Vol. 53. No. 3. – P. 373-394.
36. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P. 7-12.
37. Sacerdoti G. Structure and Function of the WTO Dispute Settlement System: Lessons from the First Ten Years. [Electronic resource]. – Mode of access: https://legal.un.org/avl/ls/Sacerdoti_IEL.html. (date of access: 20.07.2022)
38. DSU. Article 17. The composition of the Appellate Body shall, as a whole, be representative of that of the WTO. // WTO Analytical Index. 1994. [Electronic resource]. – Access Mode: https://www.wto.org/english/res_e/publications_e/ai17_e/dsu_art17_jur.pdf. (date of access: 25.07.2022)
39. Beskar M, Chilton A.S. Revisiting Procedure and Precedent in the WTO: An Analysis of US – Countervailing and Anti-Dumping Measures (China) // World Trade Review. – 2016. – No. 15-2. – P. 385.
40. Adinolfi.G. Procedural Rules in WTO Dispute Settlement in the Face of the Crisis of the Appellate Body. – 2019. – P. 53.
41. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P. 11.
42. Nagaev K. The United States and China signed documents on a trade deal. [Electronic resource]. – Access mode: https://www.rbc.ru/politics/15/01/2020/5e1f57739a7947f337051be8. (date of access: 20.08.2022)
43. Memorandum of Understanding. City of Palm Desert: CSUSB ScholarWorks. Article 17. [Electronic resource]. – Access mode: https://scholarworks.lib.csusb.edu/cgi/viewcontent.cgi?article=1001&context=pdc-history. (date of access: 20.08.2022)
INTERNATIONAL LAW
CHEN Yutong
postgraduate student of International law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE CONFLICT BETWEEN THE WTO AGREEMENTS AND REGIONAL TRADE AGREEMENTS IN THE CONTEXT OF THE DS27 EC – BANANAS CASE
In the last few years, the work of the WTO Appellate Body has been paralyzed, and it is unable to consider incoming appeals. At the same time, there is a proliferation of regional trade agreements. However, the simultaneous participation of states in the WTO and in the RTAs creates some competition between agreements, which causes certain difficulties in determining the scope of states’ obligations. This article examines the problem of duplication of obligations under international agreements on the example of the DS27 case: European Communities – Regime for the Importation, Sale and Distribution of Bananas.
Keywords: Regional Trade Agreements (RTAs); World Trade Organization (WTO); European Union (EU); the Banana Case (DS27: European Communities – Regime for the Importation, Sale and Distribution of Bananas); overlapping obligations in international agreements.
Work bibliographic list
1. Lingliang Z. Under the trend of Regional trade agreements, the Negative Impact of the Transatlantic Partnership Agreement and China’s Countermeasures // Journal of Wuhan University. – 2015. – No. 68 (2). – P. 59-67.
2. Bhagwati J. US Trade Policy: The Infatuation with FTAs // Discussion Paper Series. – 1995. – No. 726.
3. Picker C. B. Regional Trade Agreements v. The WTO: A Proposal for Reform of Article XXIV to Counter this Institutional Threat // University of Pennsylvania Journal of International Economic Law. – 2005. – No. 26 (2). – P. 267-319.
4. Bessko Z.K. Going Bananas over EEC preferences? A Look at the Banana Trade War and the WTO’s Understanding on Rules and Procedures Governing the Settlement of Disputes // Case Western Reserve Journal of International Law. – 1996. – No. 28 (2). – P. 265-312.
5. Lyons R. European Union Banana Controversy // Florida Journal of International Law. – 1994. – No. 9 (1). – P. 165-188.
6 Alter K.J. Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe. – M: Oxford University Press, 2001. – P. 1-284.
7. Osling T. E. Banana Wars: The Anatomy of a Trade Dispute. – M: Wallingford, Oxon, U.K.: CABI Publishing, 2003. – P. 169-194.
8. Webber D., Cadot O. Banana splits: policy process, particularistic interests, political capture, and money in transatlantic trade politics // Business and Politics. – 2002. – No. 4 (1). – P. 5-39.
INTERNATIONAL PRIVATE LAW
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia
THE INFLUENCE OF DIGITAL TECHNOLOGIES ON THE DEVELOPMENT OF MODERN ARBITRATION: ON THE EXAMPLE OF THE AMERICAN ARBITRATION ASSOCIATION
Modern achievements in the field of digital technologies and artificial intelligence systems are the subject of discussions in the world scientific community. Digitalization and the global spread of the Internet cause an increase in the number of economic ties, including those of a cross-border nature, as well as stimulating globalization processes. The resolution of international economic disputes by state courts is often associated with many issues (definition of jurisdiction, choice of applicable law by the court), as well as high costs, risks of disclosure of trade secrets and problems associated with the recognition and enforcement of judgments. In this regard, participants in cross-border relations increasingly prefer international commercial arbitration when resolving disputes, since, according to the majority of practicing lawyers, this method is faster, cheaper and more flexible. The basis for the effective operation of arbitration institutions is provided by the development of special arbitration rules that reflect the best practices of international arbitration. In turn, advances in digital technology and the ubiquity of the Internet also contribute to the development of the institution of arbitration. Online arbitration is a fairly new concept in the dispute resolution system, including ancillary dispute resolution tools based on information and communication technologies, and, like any other innovation, is subject to extensive criticism and discussion. Identification of potential directions for the development of online arbitration, the impact of the use of digital tools on the adoption of court decisions, as well as the possibility of replacing arbitrators with artificial intelligence systems, are key issues in modern arbitration practice. In this regard, the author of this article seems to be able to analyze the use of the most common digital tools used in dispute resolution practice using the example of the American Arbitration Association, as well as to identify potential risks and prospects for the further development of digital tools in arbitration.
Keywords: online arbitration, digitalization, artificial intelligence, online dispute resolution, cyber court, virtual magistrate, American Arbitration Association.
Work bibliographic list
1. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Moscow: Yurlitinform Publishing House, 2021. – 224 p. – (Civil and arbitration process). – ISBN 978-5-4396-2227-6.
2. Ermakova E. P., Frolova E. E. Using Artificial Intelligence in Dispute Resolution// Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 131-142. – DOI 10.1007/978-981-16-4621-8_11.
3. Rusakova E. P., Frolova E. E. Current Problems of Digital Justice in the BRICS Countries // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 143-153. – DOI 10.1007/978-981-16-4621-8_12.
4. Kupchina E. V. The use of artificial intelligence technology in the US civil justice system // Legal paradigm. – 2021. – T. 20. – No. 4. – S. 63-71. – DOI 10.15688/lc.jvolsu.2021.4.8.
5. Nadine Lederer. The UNCITRAL Technical Notes on Online Dispute Resolution – Paper Tiger or Game Changer? // Kluwer Arbitration Blog. January 11, 2018. [Electronic resource]. – Mode of access: http://arbitrationblog.kluwerarbitration.com/2018/01/11/new-found-emphasis-institutional-arbitration-india/ (Date of access: 06/15/2022)
6. Vanni R. How Artificial Intelligence is Transforming the Legal Profession // Kira Inc. – 2020. [Electronic resource]. – Access mode: https://kirasystems.com/learn/how-artificialintelligence-is-transforming-the-legal-profession (Accessed 06/10/2022).
7. Bertolini A. Artificial Intelligence and Civil Liability. legal affairs. Brussels: Policy Department for Citizens’ Rights and Constitutional Affairs; Directorate-General for Internal Policies, July 2020.
8. Brudner A. United States: Law in the Age of Artificial Intelligence // Mondaq. 08/16/2019. [Electronic resource]. – Access mode: https://www.mondaq.com/unitedstates/new-technology/838022/law-in-the-age-of-artificial-intelligence (Accessed 06/05/2022).
9. Kupchina E. V. Overview of the use of digital technologies by international commercial arbitration // Eurasian Law Journal. – 2021. – No. 12 (163). – S. 206-212.
10. Colin R. Davies. An Evolutionary Step in Intellectual Property Rights – Artificial Intelligence and Intellectual Property // Computer Law & Security Review. – Vol. 27. – Issue 6. – P. 601-619. [Electronic resource]. – Access mode: https://www.tib.eu/en/search/id/BLSE%3ARN301973547/An-evolutionary-stepin-intellectual-property-rights/ (Accessed 05.06.2022).
11. Wang Faye Fangfei. online arbitration. Library of Congress Cataloging in Publication Data. – New York, 2017. – P. 25-30
12. Rule Colin. Online Dispute Resolution and the Future of Justice (October 1, 2020) // Annual Review of Law and Social Science. – 2020. – Vol. 16.-Pp. 277-292. [Electronic resource]. – Access mode: https://ssrn.com/abstract=3711299 (Date of access: 06/15/2022).
13. Morison J., Harkens A. Re-engineering justice? Robot judges, computerized courts and (semi) automated legal decision-making // Legal Studies. – 2019. – No. 39 (4). – P. 618-635. [Electronic resource]. – Access mode: https://www.intellectpro.ru/press/works/onlayn_al_ternativy_razresheniya_sporov/ (Date of access: 06/08/2022).
14. Ben Barton. Modria and the Future of Dispute Resolution. [Electronic resource]. Access mode: https://www.odreurope.com/news/articles/online-dispute-resolution/1172-modria-and-the-future-of-dispute-resolution (Date of access: 10.06.2022).
15. J. William Frank. A Review of the American Arbitration Association’s New ClauseBuilder Tool. ABA Just Resolutions. [Electronic resource]. – Access mode: http://www.adrtoolbox.com/2013/05/a-review-of-the-american-arbitration-associations-new-clausebuilder-tool/ (Date of access: 06/08/2022).
16. Blake S., Heather J. B., Stuart S. A Practical Approach to Alternative Dispute Resolution // Oxford University Press, 4th edition. – 2016. – P. 583.
INTERNATIONAL PRIVATE LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ONLINE MEDIATION PLATFORMS IN CHINA
The article provides an overview of new forms of dispute resolution – platform mediation on the example of the PRC. According to the author, platform mediation is the result of the convergence of online dispute resolution, blockchain, traditional offline mediation and new technical solutions. More than 24 million disputes were resolved in the PRC through judicial mediation by the end of 2021. In 2017, the Supreme People’s Court of the People’s Republic of China created the “China Online Mediation Platform”, over 13.6 million disputes were resolved on the platform in 3 years (65% efficiency). Non-judicial mediation platforms have been created in 30 out of 255 arbitration institutions (arbitration courts) of the PRC. An example of an online platform of “people’s mediation” is the “Bayu Peacemaker” platform. Autonomous mediation platforms are widely known, which are internal ODR systems of e-commerce platforms such as Taobao, Jingdong, Gome, Alibaba Group, etc. The main disadvantage of online mediation in China is that the applicant can only be a person who is a client of one of the Chinese banks (this is due to the authentication system). Otherwise, you need to use the services of a Chinese lawyer.
Keywords: civil procedure of the People’s Republic of China, alternative dispute resolution, online dispute resolution, platform mediation, artificial intelligence, online mediation.
Work bibliographic list
Belikova K. M., Akhmadova M. A., Romazanov A. A. Legislative foundations of mediation (mediation) as a conciliation (conciliation) procedure in the settlement of disputes in China // Russian judge. – 2015. – No. 7. – P. 16-20.
1. Ermakova E.P., Frolova E.E. Artificial intelligence in civil litigation and arbitration: the experience of the USA and China. Monograph. – M.: Ed. Yurlitinform, 2021. – 224 p.
2. Approach Beijing Internet Court deeply integrating intelligent technology into judicial trial // Beijing Internet Court. 2019-03-26. [Electronic resource]. – Access mode: https://english.bjinternetcourt.gov.cn/2019-03/26/c_26.htm Accessed 03/18/2022.
3. Beijing Internet Court promotes one-stop diversified dispute resolution and litigation source governance// Beijing Internet Court. 2020-08-06. [Electronic resource]. – Access mode: https://english.bjinternetcourt.gov.cn/2020-08/06/c_274.htm Accessed 03/18/2022.
4. China’s online mediation platform faces surging applications// Xinhua. 2021-02-21. [Electronic resource]. – Access mode: http://www.xinhuanet.com/english/2021-02/21/c_139756756.htm Accessed 03/18/2022.
5. Heping J., Lee A. (2020). From the Traditional to the Modern: Mediation in China// Weinstein International Foundation. 2020. [Electronic resource]. – Access mode: https://weinsteininternational.org/mediation-in-china/ Accessed 03/18/2022.
6. Juanjuan Z. (2018). Chapter 10. On China Cross-Border Online Dispute Settlement Mechanism-Following UNCITRAL Tnodr and Alibaba Experience// UNCITRAL Emergence Conference. [Electronic resource]. – Access mode: https://www.wgtn.ac.nz/__data/assets/pdf_file/0004/1642594/10-juanjuan.pdf Accessed 03/18/2022.
7. Majabri L. (2020). Online Dispute Resolution in China: The Ultimate Guide of ODR Platforms and E-Courts // ODR Guide. 2020. [Electronic resource]. – Access mode: https://odrguide.com/online-dispute-resolution-in-china-the-ultimate-guide-of-odr-platforms/ Accessed 03/18/2022.
8. Rusakova E.P., Frolova E.E., Arzumanova L.L. (2021) Challenges of the judicial systems of the Russian Federation and People’s Republic of China in the era of the pandemic // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. Cham, S. 1541-1549.
9. Sang, J. Internet court on solving online consumer contract disputes: Case of China / J. Sang // Digital Law Journal. – 2021. – Vol. 2. – No. 3. – P. 23-45. – DOI 10.38044/2686-9136-2021-2-3-23-45.
10. Yin C. (2022). Online platforms, specialist mediation help courts resolve cases more rapidly// China Daily. 2022-02-25. [Electronic resource]. – Access mode: https://www.chinadaily.com.cn/a/202202/24/WS62178b90a310cdd39bc88c19.html Accessed 03/18/2022.
11. Zhi S. (2019). The Path for Online Arbitration: A Perspective on Guangzhou Arbitration Commission’s Practice//Kluwer Arbitration Blog. March 4, 2019. [Electronic resource]. – Mode of access: http://arbitrationblog.kluwerarbitration.com/2019/03/04/the-path-for-online-arbitration-a-perspective-on-guangzhou-arbitration-commissions-practice/?doing_wp_cron=1596448008.6733999252319335937500 Access date 03/18/2022.
INTERNATIONAL PRIVATE LAW
ZAZULINA Lyubov Dmitrievna
postgraduate student, assistant of civil process sub-faculty of theV. F. Yakovlev Ural State Law University
INTERNATIONAL SUCCESSION PROCESS – MYTH OR PRESSING NEED?
The article examines the current procedural law regulation, as well as law application practice in international succession cases and displays that they still do not meet the needs of the private law sphere. The author sees the root cause of it in a kind of “procedural nihilism”, namely that procedural aspects are still not recognized as a specific and crucial element of an international succession. Based on the approaches developed in legal theory and analysis of international civil process development trends, the article substantiates that the law institute of the international succession process has already been formed within the latter, even though it exists only in its infancy. Recognition of this institute is to be a doctrinal basis to overcome the above-mentioned “procedural nihilism” towards international succession and eliminate existing shortcomings of procedural law regulation and law application practice.
Keywords: cross-border successions, international civil procedure, system of law, law institute, nihilism.
Work bibliographic list
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4. Anufrieva L. P. International private law: In 3 volumes. Volume 3. Cross-border bankruptcies. International commercial arbitration. International Civil Process: Textbook. M.: BEK Publishing House, 2001. 768 p.
5. Arapov N. T. Problems of theory and practice and justice in civil cases. L.: Publishing house of the Leningrad University, 1984. 127 p.
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7. Boguslavsky M. M. International private law: textbook. – 7th ed., revised. and additional M.: Norma: INFRA-M, 2022. 672 p.
8. Vengerov A. B. Theory of state and law: Proc. for legal universities. – 3rd ed. correct and add.; tab. M.: Omega-L, 2006. 608 p.
9. Getman-Pavlova I. V. International private law: a textbook. – 4th ed., revised and supplementary. Moscow: Yurayt, 2013. 959 p.
10. Grinberg KV Protection of hereditary rights in a notarial and judicial order: dis. … cand. legal Sciences. Sverdlovsk, 1998. 208 p.
11. Gushchin VV, Dmitriev Yu. A. Inheritance law and process: Textbook. – 2nd ed., revised. and additional M.: Eksmo Publishing House, 2005. 720 p.
12. Dolganova IV Some procedural issues of theory and judicial practice in civil cases on the invalidity of a will: dis. … cand. legal Sciences. Ulyanovsk, 2010. 247 p.
13. Drobyazkina IV International civil process. St. Petersburg: Legal Center, 2005. 205 p.
14. Erpyleva N. Yu., Kasatkina A. S. Recognition of hereditary trusts in the countries of the continental system of law // Bulletin of the Perm University. Legal Sciences. 2016. Issue. 33. S. 337-347.
15. Zakharova R. F. [Rec. on the book:] Nikityuk PS Inheritance law and inheritance process // Soviet state and law. 1974. No. 10. S. 147-148.
16. Zvekov V. P. International private law. Course of lectures: Proc. for university students. M.: Norma; Infra-M, 2000. 667 p.
17. Iconitskaya A. A., Krasnov, N. I. Procedural issues of Soviet land law; Rep. editor: N.I. Krasnov. M.: Nauka, 1975. 151 p.
18. Kalinin I. B. Legal regulation of labor procedural relations (theoretical issues): dis. … cand. legal Sciences. Tomsk, 1999. 183 p.
19. Kirimova E. A. Legal Institute (theoretical and legal research): dis. … cand. legal Sciences. Saratov, 1998. 170 p.
20. Brief anthology of the Ural procedural thought: 55 years of the Department of Civil Procedure of the Ural State Law Academy / Ed. V. V. Yarkova. Yekaterinburg: Publishing House of the Humanitarian University, 2004. 652 p.
21. The course of Soviet civil procedural law. In 2 vols. T. 1 / Resp. ed. A. A. Melnikov. M.: Nauka, 1981. 463 p.
22. Lisitsyn-Svetlanov A. G. Trends in the development of the international civil process: dis. … doc. legal Sciences. M., 2002. 280 p.
23. Lunts L. A. Course of private international law: In 3 volumes. M.: Spark, 2002. 1007 p.
24. Lyubashits V. Ya., Smolensky M. B., Shepelev V. I. Theory of state and law. Series “Textbooks and teaching aids”. Rostov n/a: Phoenix, 2002. 512 p.
25. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – 5th ed. Moscow: Delo Publishing House, RANEPA, 2020. 528 p.
26. Medvedev I. G., Yarkov V. V. On some problems of resolving international inheritance disputes // Law. 2014. No. 8. S. 58-69.
27. International private law: textbook / Ed. ed. G. K. Dmitrieva. – 4th ed., revised. and additional M.: Prospekt, 2016. 680 p.
28. International civil process: a textbook for universities / I. V. Getman-Pavlova, A. S. Kasatkina, M. A. Filatova; under total ed. I. V. Getman-Pavlovoth. – 2nd ed. Moscow: Yurayt, 2020. 341 p.
29. Neshataeva T. N. International private law and international civil procedure: A training course in three parts. M.: JSC “Publishing House” Gorodets “”, 2004. 624 p.
30. Nikityuk P. S. Inheritance law and hereditary process. Kishinev: Shtiintsa, 1973. 258 p.
31. Osavelyuk, E.A. Determination of the place of the international civil process in the system of Russian law: dis. … cand. legal Sciences. M., 2004. 234 p.
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34. Petrov E. Issues of distribution of competence in international inheritance // Civilistics. – 2022. – No. 1. – P. 68-77.
35. Rubanov A. A. Inheritance in private international law (relations between socialist countries. – M.: Nauka, 1972. – 286 p.
36. Ryaguzov A. A. Legal regulation of cross-border insolvency: diss. … cand. legal Sciences. – M., 2008. – 229 p.
37. Saenko A. V. Principles of international civil procedure: diss. … cand. legal Sciences. – M., 2013. – 190 p.
38. Sakhnova T. V. The course of the civil process. – 2nd ed., revised. and additional – M.: Statute, 2014. – 784 p.
39. Raw V. M. Theory of state and law: Textbook for universities. – 6th ed., revised. and additional – M.: CJSC Yustitsinform, 2012. – 704 p.
40. Theory of State and Law: Textbook / Ed. V. K. Babaeva. – M.: Jurist, 2003. – 592 p.
41. Theory of state and law: Textbook for universities / Ed. prof. V. M. Ko-relsky and prof. V. D. Perevalova. – 2nd ed., rev. and additional – M.: Publishing house NORMA, 2002. – 616 p.
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43. Vogel Ya. M. Procedural relations in pension provision // Soviet state and law. – 1971. – No. 8. – S. 46-52.
44. Chepiga T. D. [Rec. on the book:] Nikityuk PS Inheritance law and hereditary process // Jurisprudence. – 1975. – No. 1. – S. 124-130.
45. Sharapa IA Legal regulation of inheritance relations in private international law: diss. … cand. legal Sciences. – Minsk, 2007. – 117 p.
46. Sherstyuk V. M. The main problems of the system of civil procedural law: diss. … Dr. jurid. Sciences. – M., 1989. – 400 p.
47. Eidinova E. B. Implementation of inheritance rights and their protection by the court and the notary: diss. … cand. legal Sciences. – M., 1972. – 203 p.
48. Yukov M. K. Theoretical problems of the system of civil procedural law: monograph; resp. ed. V. V. Zaitsev. – M.: Statute, 2019. – 318 p.
49. Legal procedural form: theory and practice / Ed. V. M. Gorsheneva, P. E. Nedbaylo. – M.: Legal literature, 1976. – 280 p.
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51. Dorth K. Das Verhältnis von Erbschein und Europäischem Nachlasszeugnis. – Baden-Baden: Nomos, 2019. – 535 S.
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53. Geimer R. Internationales Zivilprozessrecht. – 8. neu bearbeitete Aufl. – Koln: Verlag Dr. Otto Schmidt KG, 2020. – 1487 S.
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INTERNATIONAL PRIVATE LAW
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia
ARTIFICIAL INTELLIGENCE IN THE SYSTEM OF CIVIL JUDICIAL PROCEEDINGS IN BRAZIL
The active development of digital technologies in the era of the 4:0 industry opens up new opportunities in many sectors of public relations. Thanks to digitalization, the following have become more accessible: educational resources that provide equal access to students, regardless of their geographical location; medical services have reached a fundamentally new level through the use of high-precision digital tools and much more. Such innovations involve the creation and updating of an appropriate regulatory framework in order to ensure that the full potential of digital technologies is used. Digitalization is a complex and multi-level process, which is further complicated by the presence of cross-cutting elements and chains of mutual influences. In this regard, it is required to create a structure for managing the digital strategy, coordinating existing institutional mechanisms and ensuring priority in the implementation, monitoring and evaluation of existing initiatives. In this article, the author examines the use of digital technologies and artificial intelligence in the Brazilian judicial system, and also reveals some of the existing problems of their application.
Keywords: digitalization, artificial intelligence, innovations, machine learning, litigation.
Work bibliographic list
1. Ermakova E. P., Frolova E. E. Using Artificial Intelligence in Dispute Resolution // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 131-142. – DOI 10.1007/978-981-16-4621-8_11.
2. GUIMARÃES Rodrigo R. C. A Inteligência Artificial e a disputa por diferentes caminhos em sua utilização preditiva no processo penal // Revista Brasileira de Direito Processual Penal. – 2019. – Porto Alegre, v. 5, n. 3, – R. 1555-1588.
3 Fausto Martin De Sanctis. Artificial Intelligence and Innovation in Brazilian Justice // International Annals of Criminology. – 2021. – R. 1-10. doi:10.1017/cri.2021.4.
4. Andre Vasconcelos Roque, Lucas Braz Rodrigues dos Santos. INTELIGÊNCIA ARTIFICIAL NA TOMADA DE DECISÕES JUDICIAIS: TRÊS PREMISSAS BÁSICAS // Revista Eletrônica de Direito Processual – REDP. – Volume 22. Número 1. – Rp. 58-78
5. Luis Alberto Reichelt. Inteligência artificial e direitos fundamentais processuais no âmbito cível: uma primeira aproximação // Revista de Processo. – 2021. – Vol. 312. – R. 387-408.
6. Kupchina E. V. The use of artificial intelligence technology in the US civil justice system // Legal paradigm. – 2021. – T. 20. – No. 4. – S. 63-71. – DOI 10.15688/lc.jvolsu.2021.4.8.
EUROPEAN LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Bashkir State University
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Bashkir State University
MAIN TRENDS IN THE CRIMINAL LAW PROTECTION OF THE ENVIRONMENT IN THE EU
The article considers the main trends of legal regulation in the field of ecology, as well as the protection of the environment by criminal law means in the countries of the European Union. The urgency of this topic is due to the rapid growth of environmental offenses, including acts that have the status of crimes. European countries have made significant progress over the past few decades incorporating many environmental offenses into legally punishable criminal offenses. The article also deals with the determination of the status of such crime as ecocide in the European Community. It is emphasized that, in order to effectively combat environmental crimes, the legal framework of the state must meet current challenges and provide a solid legal basis for addressing them.
Keywords: environmental protection, environmental crimes, criminal law mechanisms, criminal liability, convention.
Work bibliographic list
1. Levitanus B. A., Strelnikov S. V. Legal regulation of “ecocide” in Russia and foreign countries // Leningrad Journal of Law. – 2020. – No. 3 (61). – S. 69-79.
2. Popova Yu. N., Vestov F. A. International criminal liability for ecocide // Legal institutions and methods of environmental protection in Russia, the CIS countries and the European Union: legislation and environmental efficiency: Materials of the V International Scientific and Practical Conference of Teachers, practical employees, students, undergraduates, graduate students. Collection of scientific articles, Saratov, October 05, 2018. – Saratov: Publishing house “Saratov source”, 2018. – P. 118-120.
THEORY OF GOVERNMENT AND RIGHTS
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
ON THE ISSUE OF SOCIAL RESPONSIBILITY OF THE MASS MEDIA
This article discusses the objective need for social responsibility that the media should bear. The moral guidelines that today’s media sources must comply with in order to ensure the development of society and the improvement of the individual through their information flows are analyzed. The issues of the negative impact of degradation content on young people and the younger generation as a whole are touched upon. Ways to improve the moral character of the domestic media are analyzed.
Keywords: mass media, television, social responsibility, tablet, phone, portable technical means, content, news channels, publics, website.
Work bibliographic list
1. Shaikhutdinova L. S. Social responsibility of the media in modern conditions // Historical, philosophical, political and legal sciences, cultural studies and art history, questions of theory and practice. – 2016. – No. 12-3 (74). – S. 206-208.
2. Zhukova D. A. Social responsibility of children’s and youth media in modern Russia // Humanitarian, socio-economic and social military sciences. – 2010. – No. 1. – S. 54-57.
3. Sharkov F. I. Modern mechanisms for increasing social responsibility and self-regulation of professional journalistic activity // Communicology. – 2015. – Volume 3. – No. 1. – P. 55-64.
THEORY OF GOVERNMENT AND RIGHTS
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, lecturer of the Penza State University
JUDICIAL CONSTITUTIONAL INTERPRETATION OF LEGAL EXCEPTIONS.
The article attempts to disclose the interpretation of legal exceptions through some clarifications of the Constitutional Court of the Russian Federation. The relevance of the chosen topic is determined by the fact that it is the interpretation of exceptions that provides not only a uniform understanding of the legal norm containing the exception, but also its subsequent correct application. The ambiguity and inconsistency of legal regulation often creates prerequisites for broad discretion in the process of law enforcement. In view of this, it is important to note the special value of the interpretation by the Constitutional Court of the Russian Federation of the exceptions implemented in the norms of law. The interpretation of exceptions in this case enriches the content and semantic content of the norm, thereby delineating the legislative framework of application.
Keywords: exceptions, rule of law, interpretation, judicial interpretation, clarification of norms, discretion, uncertainty, law enforcement.
Work bibliographic list
1. Alekseev A. A. Problems of the theory of law. Basic questions of the general theory of socialist law. – Sverdlovsk: Publishing house “Ural worker”, 1972. – T. 1. – 394 p.
2. Alekseev S. S. State and law. – M.: Prospekt, 2012. – 148 p.
3. Baydarova M. A. The mechanism for the implementation of exceptions in law: theoretical and practical aspects: dis. … cand. legal Sciences: 12.00.01. – Saratov, 2020. – 207 p.
4. Belousov S. A., Sumenkov S. Yu. Exceptions in law as an opportunity to achieve balance or find imbalance: general theoretical analysis // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (43). – S. 45-50.
5. Vlasenko N. A., Grineva A. V. Judicial legal positions (basics of the theory). – M .: Publishing House “Jurisprudence”. – 168 p.
6. Demin M. V. The nature of activity. – M.: Publishing House of Moscow State University, 1984. – 168 p.
7. Dudko I. A. The principle of legal certainty in the decisions of the Constitutional Court of the Russian Federation // Certainty and uncertainty of law as paired categories: problems of theory and practice: Proceedings of the XII International Scientific and Practical Conference. In 3 parts. – M.: RGUP, 2018. – Part 1. – P. 306-311
8. Luchin V. O., Doronina O. N. Complaints of citizens to the Constitutional Court of the Russian Federation. – M .: Law and Law, UNITI, 1998. – 260 p.
9. Sumenkov S. Yu. Exceptions in law: theoretical and instrumental analysis. – M.: Yurlitinform, 2016. – 372 p.
10. Cherdantsev A.F. Interpretation of Soviet law: (theory and practice). – M.: Yurid. lit., 1979. – 168 p.
THEORY OF GOVERNMENT AND RIGHTS
DERYUGIN Alexey Aleksandrovich
Ph.D. in Law, Head of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov of the Institute of the National Guard Troops of the Russian Federation
NIKONOV Dmitry Anatoljevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov of the Institute of the National Guard Troops of the Russian Federation
BUTOV Sergey Valerjevich
adjunct of the adjunct (full-time and part-time studies) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the St. Petersburg Military Order of Zhukov of the Institute of the National Guard Troops of the Russian Federation
THEORETICAL AND LEGAL MODEL OF THE INSTITUTION OF HUMAN AND CIVIL RIGHTS IN RUSSIA AS THE BASIS OF ITS CONSTITUTIONAL AND LEGAL STATUS
The article discusses the content of the theoretical and legal model of the institution of human and civil rights as the basis of its constitutional status in the Russian Federation and its development in modern conditions. The main attention is paid to the features of constitutional rights and freedoms, their classification, from the point of view of the theory of law, the possibility of their restriction is substantiated. In conclusion, it is noted that the Russian theoretical and legal model of the institution of human and civil rights is based on the norms of natural law, which are the basis of the constitutional and legal status of a citizen. The authors point to the need to build an effective state-legal mechanism for the implementation of human and civil rights and justify the significance of the constitutional reforms carried out in 2020.
Keywords: human and civil rights, natural law, constitutional and legal status, the Constitution of the Russian Federation, classification of rights, restriction of rights, guarantees of rights, institution of law.
Work bibliographic list
1. Barikhin A.B. Great legal encyclopedia (Series “Professional reference glasses and encyclopedias). – M.: Knizhny Mir, 2010.
2. Deryugin A.A., Lutsenko V.V. Legal Status of a Serviceman of the National Guard Troops of the Russian Federation: Social Nature, Structure and Content // Bulletin of the St. Petersburg Military Institute of the National Guard Troops. – 2021. – No. 2 (15).
3. Baglay M.V. Constitutional law of the Russian Federation: a textbook for universities. – 6th ed., rev. and additional – M.: Norma, 2007.
4. Human rights: textbook / Ed. ed. E.A. Lukashev. – 2nd ed., revised. – M.: Norma: INFRA-M, 2011.
5. Nikulin V.V. Constitutional law of the Russian Federation: textbook for bachelors of the direction “Jurisprudence”. – Tambov: Publishing House of FGBOU VPO “TSTU”, 2012.
6. Nikonov D.A., Lutsenko V.V., Vishnyakov M.M. Legal Restrictions as a Means of Ensuring Constitutional Rights and Freedoms of Man and Citizen under the Conditions of the Counter-Terrorist Operation // Actual Problems of Countering Extremism and Terrorism at the Present Stage: Collection of Scientific Articles of the I All-Russian Scientific and Practical Conference with International Participation. Novosibirsk, February 17-18, 2022. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation, 2022.
7. Lysenkov S.G., Butov S.V. Legal support of the activities of the troops of the NKVD of the USSR to protect the rear of the army during the Great Patriotic War of 1941-1945 // Yakovlev Readings: Collection of Scientific Articles of the I Interdepartmental Scientific and Practical Conference with International Participation. Novosibirsk, March 22-23, 2022. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation, 2022.
THEORY OF GOVERNMENT AND RIGHTS
Karev Dmitry Aleksandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
ON THE ISSUE OF THE INSTITUTE OF ENVIRONMENTAL LICENSING
The importance of clarifying and improving environmental legislation is justified due to the need to ensure a balance of interests of society, the state and the environment. The list of normative legal acts regulating the institute of environmental licensing is systematized. The types of licenses that give permission to carry out activities that harm the population and natural resources (and their components) are classified. The differences between environmental licensing and licensing of activities related to environmental protection are revealed.
Keywords: environmental law, environmental legal relations, state legal regulation, institute of environmental licensing, environmental and legal status of the individual, environmental protection, nature management, licensing and contractual relations.
Work bibliographic list
1. Civil Code of the Russian Federation (Part One): Federal Law No. 51-FZ of November 30, 1994 (as amended on February 25, 2022) (as amended and supplemented, effective from September 1, 2022) // Consultant Plus : sprav, legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 05.10.2022).
2. Glushko O. A. Theoretical and legal foundations of licensing in the field of environmental protection // Legal support of the agro-industrial complex. Collection of works based on materials of the All-Russian Scientific and Practical Conference. Rep. for the issue of O. A. Glushko, 2019. – S. 70-79.
3. Zadvoreva A. Yu. Environmental licensing as an emerging legal mechanism for licensing activities in the field of nature management // Novels of Law, Economics and Management 2020. Collection of scientific papers based on materials of the VI International Scientific and Practical Conference. – 2021. – S. 17-20.
4. Kondratieva I. V. Licensing of nature management as a way to regulate economic activity // Actual problems of ecology and nature management. collection of articles based on materials of the VI All-Russian (national) scientific and practical conference. – Kurgan, 2022. – S. 15-19.
5. Korshunov MP Ecological legislation and licensing of environmental activities // Science among us. – 2019. – No. 9 (25). – S. 109-115.
6. On licensing certain types of activities: Federal Law of May 4, 2011 N 99-FZ (as amended on December 30, 2021) // Consultant Plus: reference, legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_113658/ (date of access: 05.10.2022)
7. On Environmental Protection: Federal Law No. 7-FZ of January 10, 2002 (as amended on March 26, 2022) (as amended and supplemented, effective from September 1, 2022) // Consultant Plus: reference, legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34823/ (date of access: 05.10.2022).
8. Sinyuk R. E., Balaban G. S. Some issues of the Institute of Environmental Licensing // Innovative approaches in modern science. collection of articles based on the materials of the 8th international scientific and practical conference. – Moscow, 2021. – S. 217-220.
9. Torochkova D. A. Some issues of the Institute of Environmental Licensing // Young scientist. – 2020. – No. 17 (307). – S. 240-242.
THEORY OF GOVERNMENT AND RIGHTS
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
GOALS OF PUBLIC ADMINISTRATION AND SOCIAL PROGRESS IN THE RUSSIAN FEDERATION: LEGAL ASPECT
The article presents a scientific analysis of the problem of the goals of statehood and public administration in the Russian Federation, justifies the need to consolidate them at the state-legal level. As a system-forming goal, it is proposed to define social progress, the basis of which is the growth of the spiritual, moral and cultural level of citizens and society as a whole. The legal consolidation of this goal is proposed to be carried out at the constitutional and legal level, as well as through the development and adoption of the Federal Law “On Public Morality in the Russian Federation”.
Keywords: statehood, public administration, goals of public administration, public morality, social progress, legal regulation.
Work bibliographic list
1. Atamanchuk GV Theory of public administration: textbook. – Moscow: Omega-L Publishing House, 2010. – 525 p.
2. Dobrynin NM Public administration: Theory and practice. Modern version of the latest history of the state: a textbook. T. 1 / Nauch. ed. A. N. Mitin. – Novosibirsk: Nauka, 2010. – 407 p.
3. Zubkov AI What state are we building? // Forecast. – 2004. – No. 7. – S. 8-9.
4. Kalakov N. I. National idea – a strategic vector of predictive development of society in the state system in order to ensure the security of the country // Human capital. – 2020. – No. 3 (135). – S. 67-75.
THEORY OF GOVERNMENT AND RIGHTS
TROFIMOV Sergey Anatoljevich
Ph.D. in Law, associate professor, professor of State and law disciplines sub-faculty, Director of the Russian State University of Justice
BONDARCHUK Ilya Vladimirovich
Ph.D. in Law, associate professor of State and law disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
STRELNIKOVA Irina Yurievna
Ph.D. in Law, associate professor, Head of Theory and history of law and state Crimea sub-faculty of the Russian State University of Justice
JUDICIAL RULE-MAKING AS A SPECIAL FORM OF STATE ACTIVITY
In the article the authors analyzed the existing approaches in the literature to the definition of judicial rule-making. The study draws two conclusions: the consideration by the highest courts of the Russian Federation of certain provisions of the legislation (1) has the characteristic features of a judicial precedent, which (2) allows them to be used in practical situations to regulate social relations . In general, the special methodological significance of domestic judicial control for the optimization of legal (as a rule, law enforcement) practice is emphasized.
Keywords: rule-making, legal integration, judicial practice, constitutional justice, the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation.
Work bibliographic list
1. Normography: Theory and Methodology of Rulemaking: Educational and Methodological Guide / Ed. Yu. G. Arzamasova. – M.: Academic project; Tricksta, 2007. – 560 p.
2. Kabriyak R. Codification. Per. from fr. L. V. Golovko. – M.: Statute, 2007. – 476 p.
3. Mikhailovskaya I. Judicial policy: the role of decisions of the Constitutional Court in reforming the criminal proceedings of the Russian Federation // Constitutional Law: East European Review. – 2001. – No. 3 (36). – S. 167.
4. Boshno S. V., Vasyuta G. G. Reflection in the legal consciousness of civil servants of judicial practice (based on the results of sociological and legal research) // State and Law. – 2010. – No. 10. – P. 44.
5. Ehrlich I., Posner R. A. An Economic Analysis of Legal Rulemaking // The Journal of Legal Studies. – 1974. – Vol. 3. – No. 1. – R. 257-286.
6. A. Barak. Cit. by: Mikhailovskaya I. Judicial policy: the role of decisions of the Constitutional Court in reforming the criminal justice of the Russian Federation // Constitutional Law: East European Review. – 2001. – No. 3 (36). – S. 167.
7. Momotov VV Interpretation of legal norms by the Supreme Court of the Russian Federation in the context of the modern legal system (end) // State and Law. – 2018. – No. 5. – P. 35.
8. See, for example, Guk P. A., Korshunova P. V. The unity of judicial practice as a special value of justice // Journal of Russian Law. – 2020. – No. 12. – P. 103-118.
THEORY OF GOVERNMENT AND RIGHTS
TLUPOVA Asiyat Vladimirovna
Ph.D. in Law, lecturer of Enforcement activities sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of MIA of Russia, junior lieutenant of police
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, lecturer of Law enforcement sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant of police
PRINCIPLES IN THE SYSTEM OF METHODOLOGY OF LEGAL MONITORING OF LEGISLATION
In order to fully achieve the goals and objectives facing any state, its effective functioning requires a high-quality system of legislation and productive law enforcement practice.
Legislation is not in a static state, changes made to it are a response to changes taking place in society, the state, however, legislative changes are not always timely (in some cases we can talk about their belatedness, in others – ahead of the real requirements of the time) or not occur at all, despite the existing need for them. In addition, the system of legislation is inherent in the presence of gaps and conflicts.
All of the above in the Russian Federation is associated with the spontaneity of the legislative process, not always a high level of its quality, the reason for which was the need to create a new system of legislation in a short time after the radical changes that took place in society and the state in the nineties of the twentieth century.
These problems need to be solved and determine the relevance of the study of laws, their qualitative characteristics at the present stage, the development of methods to improve their quality.
Keywords: methodology, legal monitoring of legislation, principles, law, bill, legislative process, law enforcement practice, legislative initiative.
Work bibliographic list
1. Borsova Zh. P. To the question of the principles of lawmaking // Constitutional and municipal law. – 2008. – No. 42. – P. 15-18.
2. Gorokhov D. B., Spector E. I., Glazkova M. E. Gorokhov D. B., Spector E. I., Glazkova M. E. Legal monitoring: concept and organization // Journal of Russian law. – 2007. – No. 5. – S. 25-38.
3. Lomteva V. S. Forecasting in lawmaking and law enforcement. Dis. … cand. legal Sciences: 12.00.01 – M., 2006. – 168 p.
4. Uvarov A. A. On the principles of legal monitoring of law enforcement // Law enforcement monitoring. – 2022. – No. 1 (42). – S. 56-59.
THEORY OF GOVERNMENT AND RIGHTS
SHALAGINA Svetlana Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SUKHAREVA Irina Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SAFINA Elena Alexandrovna
senior lecturer of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
TO THE PROBLEM OF INFORMATION SECURITY OF THE STATE
The article deals with the problem of the development of information relations and information security in the light of the ongoing global globalization of crisis relations between countries. The relevance of the topic of this work is due to the need to further deepen scientific knowledge related to the study of the balance of political and legal decisions and actions in the field of information policy of the state as an effective direction that guarantees the national security of the fatherland.
Keywords: information, political regime, national security, information environment.
Work bibliographic list
1. Nisnevich Yu. A. Information space in Russia: between TV and the Internet // Bulletin of the Peoples’ Friendship University of Russia. Series: Political Science. – 2013. – No. 4. – P. 6.
2. Shalagina S. V., Galiullina S. D., Gerasimova D. I., Lifanova M. V., Safina E. A. The political and legal aspect of the development of information relations in modern society // Eurasian Law Journal. – 2020. – No. 7 (146). – S. 410-412.
3. Shalagina S. V. To the problem of legal support of the information policy of the state // Eurasian legal journal. – 2017. – No. 4 (107). – S. 422-424.
THEORY OF GOVERNMENT AND RIGHTS
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
THE IMPACT OF DIGITAL TECHNOLOGY ON DECISION MAKING IN CIVIL PROCESS
The development of information technologies inevitably leads to their introduction into all spheres of society, including the judicial system of the Russian Federation, which, of course, increases the level of citizens’ access to justice, improves its quality and at the same time reduces the time for considering cases in court.
To date, information technology is widely used by courts in aspects of many of activities, including for the implementation of procedural actions by the court and participants in the process. Moreover, every day technologies and information systems become an integral part of the judicial process – the environment for the participants in the proceedings.
This work is intended to assess the factors that take place when the courts use the possibility of holding a court session through the use of a web conference and potentially influencing decision-making in the civil process, as well as the admissibility of their existence and compliance with the basic principles of justice.
Keywords: digital transformation, digitalization, law, technologies, digital technologies, inner conviction, judicial discretion.
Work bibliographic list
1. Bazyma B. A. Psychology of color: theory and practice [monograph]. – St. Petersburg, Rech, 2007. – 204 p.
2. Burdina E. V. Electronic justice: monograph / Ed. E. V. Burdina; S. V. Zueva. – M., RGUP, 2021. – 344 p.
3. Vlasova G. B., Khaninova B. L. Psychological aspects of the rules of conduct in professional judicial activity // Eurasian Scientific Journal. – 2016. – No. 6. – S. 201-204.
4. Strogovich M. S. The course of the Soviet criminal process. – M., 1968. – T. 1. – 470 p.
5. Tikhiy A. V. Judicial discretion as the basis for the formation of internal conviction // Vestnik SGUA. – 2019. – No. 6 (131). – S. 218-225.
6. Chaldini R. Psychology of influence. 5th ed., revised. and additional – St. Petersburg, 2020. – 480 p.
7. Kendon A. Some functions of gaze direction in social interaction // Acta Psychologica. – 1967. – No. 26 (1). – P. 22-63.
8. Oppenheimer, Daniel M. and Meyvis, Tom and Davidenko, Nicolas. Instructional Manipulation Checks: Detecting Satisficing to Increase Statistical Power // Journal of Experimental Social Psychology. – 2009. – Vol. 45. – P. 867-872.
9. Sela, Ayelet. E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts // Journal of Dispute Resolution. – 2019. – P. 127-163.
THEORY OF GOVERNMENT AND RIGHTS
LOGVINOV Oleg Valentinovich
postgraduate student of the Taganrog Institute of Management and Economics
ON THE CONCEPT OF “ORGANIZED DEFENSE” OF S. A. MUROMTSEV
The article deals with the concept, essence and internal structure of the concept of S. A. Muromtsev “organized protection”, according to the author of the concept and the opinion of the author of this study, analyzes the social relationships that arise within the framework of the concept, in particular, of a regulatory and regulated nature. Based on the system-structural, historical-legal and comparative analysis, the author comes to the conclusion that one of the strong features of the concept of S. V. Muromtsev lies in the fact that it does not ignore the needs and interests of a single individual, but, on the contrary, is based on them. It is noted that the concept of “organized protection” affects the processes in which rights and legitimate interests arise not only from the side of the state apparatus, but also from the side of public needs, and the main role in this process, according to S. A. Muromtsev, assigned to the court.
Keywords: organized defense, jurisprudence, law, individual needs, state, sanctions, punishment, and society.
Work bibliographic list
1. Muromtsev S. A. Definition and basic division of law. – [2nd ed., additional]. – St. Petersburg. Ed. house St. Petersburg. state un-ta, 2004 (GIPP Art of Russia). – 223 p.
2. Muromtsev S. A. Roman law as a subject of science [Text]. – [B. m.]: [b. i.], [19–]. – 15 s.
3. Pashentsev D. A. On the issue of interests in the context of social foundations of law // Legal Gnoseology. – 2017. – No. 1. – P. 4.
4. The first program of the Union of Communists “Manifesto of the Communist Party” in the context of history / [responsible. Ed.: G. A. Bagaturia, D. V. Dzhokhadze]. – Moscow: VIU Publishing House, 2007. – 285 p.
HISTORY OF STATE AND LAW
GAZIZOVA Leysan Makhmutovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
RUDMAN Mark Naumovich
Ph.D. in historical sciences, master of Law, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
ETHICAL AND LEGAL FOUNDATIONS OF THE EURASIANISM AS A REFLECTION OF THE SYSTEMIC CRISIS OF RUSSIAN STATEHOOD IN THE FIRST HALF OF THE TWENTIETH CENTURY
The article sets out the tasks of considering, firstly, the value-historical prerequisites for the formation of the Eurasian ideology, the cultural foundations of the development of the idea of the uniqueness of Russian statehood by the Eurasians, conditioned by the influence of autocratic power borrowed from the Horde Khans; thirdly, the Eurasian concept of the role of the church and Bolshevism in the desired future of Russian statehood. The authors identify the historical prerequisites for the emergence of Eurasianism as an ideological trend that equally embodies the classical ideas of Russian statehood in the context of the crisis of traditional Russian society, and the trend of the crisis of industrial society, which causes the rise in popularity of totalitarian ideology. On the basis of comparative historical analysis, the contradictions of the ethical and legal foundations of the Eurasian ideology have been studied, which determined the impossibility of effective implementation of its provisions in the practice of state-building. This approach made it possible to reveal the impracticability of the doctrine of subordination of state power proposed by the Eurasians in the face of the Soviet political regime of the ethical and legal concept.
Keywords: Eurasianism, ethics, rule of law, mentality, autocracy, rationalism, liberalism, collectivism.
Work bibliographic list
1. Savitsky P. N. Eurasianism // Russia between Europe and Asia: Eurasian temptation. – M.: Nauka, 1993.
2. Trubetskoy N. S. Trubetskoy N. S. On the Turanian element in Russian culture // Russia between Europe and Asia: Eurasian temptation. – M: Nauka, 1993.
3. Karsavin L.P. Holy Fathers and Teachers of the Church (disclosure of Orthodoxy in their works) / Foreword. and comment. S. V. Mosolova. – M.: Publishing House of Moscow State University, 1994.
4. Vaneev A. A. Two years in Abezi // Our heritage. – 1990. – No. 3-4.
5. Karsavin L.P. The State and the Crisis of Democracy // New World. – 1991. – No. 1.
HISTORY OF STATE AND LAW
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
LASHCHENKO Roman Alexandrovich
senior lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
GENESIS OF THE RUSSIAN JUDICIAL REFORM OF 1864
The article discusses the prerequisites and main provisions of the judicial reform in Russia in 1864, the urgent need for which was caused by the peasant reform of 1861, which is the “locomotive” of the subsequent bourgeois reforms. In fact, the revolutionary changes have led to the further development of democratic society and the state system. The study of the conditions for the creation and functioning of new judicial institutions (magistrates ‘ courts, jurors, etc.), as well as the legal status of the reformed Institute of advocacy. Among the shortcomings of the reform is the presence of class and social obstacles to the appointment of the judiciary, the continuing negative impact of the bureaucratic state apparatus.
Keywords: judicial reform of 1864, justices of the peace, jurors, local courts, district courts, judicial chambers.
Work bibliographic list
1. Bovykin V. I. Development of Russia until 1717. – M.: Vlados, 2000. – S. 456.
2. Top N. History of Russia. – M.: Folium, 2000. – S. 780.
3. Granovsky T. N. History and modernity. – M.: Nauka, 1996. – S. 517.
4. Gumilyov L. N. From Rus’ to Russia. Essays on Russian history. – M.: Vlados, 1996. – S. 650.
5. Klyuchevsky V. O. Course of Russian history. – M.: BEK, 1998. – S. 997.
6. Konotopov M. V., Smetanii S. I. Essays on the history of the state and law of Russia. -M.: Vlados, 1993. – S. 456.
7. Laverychev V. Ya. History of law in pre-revolutionary Russia. – M .: Education, 1982. – S. 900.
8. Leibniz G. V. Works. – M.: Nauka, 1998. – S. 234.
9. Milyukov N. P. State economy of Russia. – M.: Vlados, 1999. – S. 456.
10. Smetanin S. I. History of Russia. – M.: Aspect Press, 1999. – S. 670.
11. Solodovnikov VG Bourgeois reforms of the 19th century // Questions of history. – 1999. – No. 6.
12. Khromov P. A. Reforms in Russia. – M.: BEK, 2000. – S. 678.
13. Reader on the history of the state and law of Russia. – M.: Vlados, 1999. – S. 456.
14. Yakovlev A. N. History of Russia. – M.: Lada, 2000. – S. 62.
HISTORY OF STATE AND LAW
ZAVURBEKOV Faridun Zavurbekovich
senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy National Research Nizhny Novgorod State University
THE SYSTEM OF SOURCES OF FATIMID LAW (X-XII)
The article uses the views of the Fatimids on the system of sources of registration law and religion. Unlike Sunnis and Shia Imamis, Fatimid theologians and jurists perceive Sharia as a combination of three sources: the Koran, the Sunnah and the sayings of the Imams. The main ideologists of this principle are the Fatimid califs, as well as the well-known Ismaili jurist – Kadi al-Numan, works based on the ideological and legal basis of Fatimid jurisprudence.
Keywords: Fatimid caliphate, madhhabs, jafarism, Ismailism, sayings of imams, sources of Islamic law, Sharia, ijma, qiyas.
Work bibliographic list
1. Al-Qadi Al-Nu’Man, Disagreements of the Jurists: A Manual of Islamic Legal Theory. Disagreements of the Jurists / al-Q. Al-Qadi Al-Nu’Man; trans. D. Stewart, NYU Press, 2015. – 446 p. – ISBN 978-0-8147-7142-6.
2. Daftary F. and Miskinzoda G. The Study of Shi’i Islam: History, Theology and Law. – London; In association with the Institute of Ismaili Studies, 2014.
3. Poonawala, Ismail K., and Asaf A. A. Fyzee. The Pillars of Islam. Da’a’im Al-Islam of Al-Qadi Al Al-Nu’man: Ibadat: Acts of Devotion and Religious Observances. – Vol. 1. – New York: Oxford University Press, 2002.
4. Shah, B. The imam as interpreter of the Quran according to al-Qadi Al-Numan (D. 363/974): Thesis; Institute of Islamic Studies. – Montreal, 1984.
5. Obidov D.S. Hanafi legal school and its significance in the Sunni direction of Islamic law: Transoxiana course: dissertation … candidate of legal sciences: 12.00.01 / [Place of defense: Taj. state nat. university]. – Dushanbe, 2008.
6. Daftari F. Ismailis: their history and doctrines / Per. L. Dodykhudoeva. – Moscow: Natalis, 2011.
7. Syukiyainen L. R. Islamic law: interaction between legal and religious principles // Yearbook of libertarian legal theory. – 2007.
HISTORY OF STATE AND LAW
LANTSEVA Veronika Yurjevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Admiral F. F. Ushakov State Maritime University
THE EVOLUTION OF THE LEGAL REGULATION OF MERCHANT SHIPPING IN RUSSIAN EMPIRE
The article examines the evolution of the legal regulation of merchant shipping in Russia in the 18th – early 20th centuries. The transformation of the normative consolidation of provisions on maritime trade in Russia in the period under review is considered. The structural component of the key regulations in this area is analyzed. The analysis made it possible to identify a number of gaps in the legislation of the Russian Empire on maritime trade, which did not allow the merchant fleet to function fully productively. In particular, the institution of a maritime mortgage and social guarantees for seafarers were not fixed by law (social security for seafarers, there was no regulation of the conditions for their stay on merchant ships in the legislation).
Keywords: shipping, charter, sea merchant, code of laws, crew member.
Work bibliographic list
1. The charter of merchant shipping on rivers, waters and seas // 1-PSZRI. – Volume 21. – No. 15176. – P. 157; 1-PSZRI. – Volume 21. – No. 15285. – P. 312.
2. Pylenko I. P., Kulikovska I. S., Grigoriev A. V. Criminal procedural features of the implementation of the preliminary investigation by the captains of sea and river vessels // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 353-356.
3. Golubkina K. V. Legal basis for the regulation of social and labor relations in maritime transport // Humanitarian, socio-economic and social sciences. – 2014. – No. 7. – P. 175-177.
4. Nikitina A. P. Development of legislation regulating the activities of pilots in 1880-1890 // History of State and Law. – 2019. – No. 1. – P. 67-71. – DOI 10.18572/1812-3805-2019-1-67-71.
5. Broyaka Yu. V., Lyadashcheva-Ilyicheva M. N. Law and legal custom as sources of water law in Russia in the second half of the 19th century // History of State and Law. – 2020. – No. 11. – P. 3-12. – DOI 10.18572/1812-3805-2020-11-3-12.
HISTORY OF STATE AND LAW
SHALAGINA Svetlana Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SUKHAREVA Irina Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
GERASIMOVA Darya Igorevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
ON THE PROBLEM OF LEGAL SUPPORT OF THE URBANIZATION PROCESS IN THE REPUBLIC OF BASHKORTOSTAN (1930-1950)
The article reveals the nature and features of the legal support of the urban policy of the Soviet state in the 20–30s of the last century. The system of implementation of the tasks assigned to the country by the political authorities is analyzed. The legal acts of the Soviet state, which legitimized the directions of the socio-economic development of the Bashkir Autonomous Soviet Socialist Republic, are studied.
Keywords: political regime, legislative acts, political factor, urban settlement, urban population, political process, legal framework.
Work bibliographic list
1. 1st session of the Supreme Soviet of the Bashkir ASSR of the second convocation. Verbatim report. – Ufa, 1947. – S. 1.
2. Communist Party of the Soviet Union. Communist Party of the Soviet Union in resolutions and decisions of congresses, conferences and Plenums of the Central Committee (1898-1988) / CPSU; Institute of Marxism-Leninism under the Central Committee of the CPSU; Under total ed. A. G. Egorova, K. M. Bogolyubova. – 9th ed., add. and correct. – M.: Politizdat, 1984. – T. 5. – S. 144-145.
3. Resolutions of regional conferences of the Bashkir party organization and plenums of the regional committee of the CPSU (1917-1940). – Ufa, 1959. – S. 681.
4. Decisions of the party and government on economic issues. (1929-1940). – M., 1967. – T. II. – S. 643-645.
5. Shalagina S. V., Kazantseva E. A. Some aspects of the evacuation of the population to the Republic of Bashkortostan during the Great Patriotic War // Scientific potential. – 2013. – No. 2 (11). – S. 93-97.
6. Shalagina S. V., Istamgalin R. S., Lobankova I. P., Iseeva E. R., Kotova T. P. On the problem of the influence of soviet demographic policy on the urban population of Bashkortostan in 1930s-1950s // Asian social science. – 2015. – T. 11. – No. 19. – S. 185-192.
HISTORY OF STATE AND LAW
GAVRIKOVA Albina Mikhaylovna
postgraduate student and assistant in History of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
TRANSFORMATION OF THE LIMITATION OF SUPREME POWER IN THE RUSSIAN EMPIRE
The article deals with the problems of the rule of power and its limitations in the Russian Empire. The essence of the system of checks and balances is revealed, the conditions necessary for its provision are noted on the example of a parliamentary monarchy. The necessity of limiting the supreme power is substantiated and specific forms of restraining the power are determined.
Keywords: supreme power, limitation of authority, absolutism, autocracy, history of state and law.
Work bibliographic list
1. Goncharov S. Yu. Political and legal restrictions in Russian public administration: dis. … cand. legal Sciences. – Rostov n / a., 2009.
2. Malko A. V., Vyrleeva-Balaeva O. S. Legal restrictions of state power: concept and system // Constitutional and municipal law. – 2010. – No. 10. – S. 17-20.
3. Milusheva T. V. Limits and restrictions of state power: theoretical and legal research: abstract of diss. … doc. legal Sciences: 12.00.01; [Place of protection: Sarat. state legal academician]. – Saratov, 2012. – 58 p.
CONSTITUTIONAL LAW
ABDULAZIZOVA Zaira Muradovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
THE INSTITUTION OF THE COMMISSIONER FOR HUMAN RIGHTS IN THE INTERNATIONAL AND DOMESTIC MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS
Human and civil rights and freedoms are a very dynamic category, constantly improving and changing under the influence of objective processes. With the development and complication of public relations, the need for state protection of human rights and freedoms is constantly increasing, and protection mechanisms and procedures are becoming outdated. In this regard, the State is looking for ways to reform and improve the constitutional and legal mechanism for ensuring the protection of individual rights and freedoms, including through the creation of new human rights institutions, such as the institution of the Commissioner for Human Rights. This article attempts to analyze the place of the Ombudsman in the human rights mechanism.
Keywords: ombudsman, human rights, human rights protection mechanism, state, personality.
Work bibliographic list
1. Suprunovich K. A. The emergence of the ombudsman institution in foreign countries: a comparative legal analysis // Actual scientific research in the scientific world. – 2020. – No. 12. – P. 132-134.
2. Mateikovich M.S. Commissioners for Human Rights in the Mechanism of Judicial Protection of Rights and Freedoms // Journal of Russian Law. – 2020. – No. 11. – P. 45-57.
3. Aleksashina A.A. Commissioner for Human Rights in the Russian Federation: problematic aspects of human rights activities // Innovative scientific research. – 2021. – No. 2-1. – S. 118-125.
4. Popovskaya A.K. Commissioner for Human Rights as an institution of non-judicial protection of human rights in Russia // Bulletin of the SSTU. – 2016. – No. 1. – S. 209-214.
5. Musaeva G. M., Gadzhimakhadov V. K. Commissioner for Human Rights of the Russian Federation as a specialized institution to promote the protection of the rights and freedoms of citizens // Legal Bulletin of the DSU. – 2014. – No. 2. – S. 25-27.
6. Sukhareva A. M. Features of the interaction of the Commissioner for Human Rights with the judicial authorities in the Russian Federation // Legal Culture. – 2015. – No. 1. – P. 48-52.
CONSTITUTIONAL LAW
KOMBAROVA Elena Valerjevna
Ph.D. in Law, associate professor of professor Isaak Efimovich Farber Constitutional law sub-faculty of the Saratov State Law Academy
MUZALEVSKAYA Kseniya Vladimirovna
assistant professor Isaak Efimovich Farber Constitutional law sub-faculty of the Saratov State Law Academy
CONFLICTS OF CONSTITUTIONAL AND LEGAL NORMS IN THE POST-REFORM PERIOD: PROBLEMS AND SUGGESTIONS
The peculiarities of constitutional and legal norms and institutions are their fundamental importance for public life and the state as a whole. This uniqueness caused the acuteness of the problem of conflicts that arise in the field of lawmaking and law enforcement, as well as constitutional law understanding. The special systemic nature of constitutional and legal norms, which determines the main provisions and goals of the functioning of the Russian state in the modern period and its national system of law, sets an extremely high bar for law enforcement and law-making techniques. The articles considers an example of a conflict of the constitutional legal norm that arose after the constitutional reform of 2020. As a result of the study, the authors came to the conclusion that gaps are identified in legislative acts – lack of norms regulating situations that are within the scope of legal influence, as well as conflicts – disagreements or disagreements between the selected legal norms. Through the analysis of the norms governing the legislative process, the authors identify the causes of legal conflicts, and also proposed a reasonable author’s position on improving the mechanism for preventing and identifying legal conflicts in constitutional law.
Keywords: the constitution of the Russian Federation, constitutional amendments, collisions, the Accounts Chamber of the Russian Federation, responsibility, the legislative process.
Work bibliographic list
1. Kombarova E. V. Constitutional and legal framework for resolving disagreements in the system of public authorities of the Russian Federation: [monograph] / Ed. V. T. Kabysheva; Saratov: Saratov State University. acad. rights, 2011.
2. Tikhomirov Yu. A. Collisions as a source of law development // Legal technique. 2017. No. 11.
3. Matuzov N. I. Collisions in law: causes, types and methods of resolution. Izvestia of higher educational institutions. Jurisprudence. St. Petersburg: St. Petersburg State University Publishing House, 2000. No. 5.
4. Starodubtseva I. A. The regime of constitutionality as a mechanism for ensuring the rule of the Constitution of the Russian Federation // Constitutional and municipal law. 2018. No. 3.
5. Khabrieva T. Ya., Klishas A. A. Thematic commentary on the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities”. Moscow: Norma: INFRA-M, 2022. 240 p.
6. Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 22, 1998 No. 2134-II of the State Duma (as amended on July 5, 2022) “On the Regulations of the State Duma of the Federal Assembly of the Russian Federation” // SZ RF. 1998. No. 7. Art. 801; 2022. No. 28. Art. 5025.
7. Ro Constitution Russian Federation: adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 01, 2020 No. 7-FKZ, dated February 5, 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ, dated March 14, 2020 No. 1-FKZ) // SZ RF. 2014. No. 31. Art. 4398; 2020. No. 11. Art. 1416.
8. Federal constitutional law of July 21, 1994 No. 1-FKZ (as amended on July 1, 2021) “On the Constitutional Court of the Russian Federation” // SZ RF. 1994. No. 13. Art. 1447; 2021. No. 27 (part I). Art. 5045.
CONSTITUTIONAL LAW
EFENDIEV Asamuddin Albertovich
magister student of the 3rd course of the Institute of Law of the Dagestan State University
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
ON THE IMPLEMENTATION OF THE PRINCIPLES OF EQUALITY OF SUBJECTS OF THE RUSSIAN FEDERATION AND SELF-DETERMINATION OF PEOPLES IN THE LIGHT OF AMENDMENTS TO THE CONSTITUTION OF THE RUSSIAN FEDERATION
The article touches upon some issues of the constitutional foundations of federalism. The main features of the transformations of the federal foundations in the light of the amendments to the Basic Law of the Russian Federation of 2020 are outlined. Attention is drawn to the provisions of Chapter 3 of the Constitution of the Russian Federation, including issues of equality of subjects of the Russian Federation and self-determination of peoples. The theory of independence of local and regional power structures is refuted. Attention is focused on the privileges, on the part of the state, in relation to territories with more favorable economic potential. Certain conclusions and suggestions have been made.
Keywords: federalism, state power, subjects, people, administrative-territorial structure.
Work bibliographic list
1. Alexis de Tocqueville. Democracy in America. – M .: “Progress – Litera”, 1994. – [Electronic resource]. – Access mode: https://other.refmag.ru/done/1/k/demokratiya-i-avtokratiya.htm (date of access: 10/22/2022).
2. Bredikhin A. L. Fundamentals of Russian federalism: a textbook for universities. – Moscow: Yurayt Publishing House, 2022. – 107 p.
3. Zametina T. V. Russian federalism at the present stage: development or imitation? – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rossiyskiy-federalizm-na-sovremennom-etape-razvitie-ili-imitatsiya (date of access: 10/21/2022).
4. Kabyshev V. T. With the Constitution for life: Selected scientific works. – M.: I Formula of Law, 2013. – 319 p.
CONSTITUTIONAL LAW
BORISOVA Nina Olegovna
postgraduate student of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
FEATURES OF THE MECHANISM FOR THE IMPLEMENTATION IN THE DIGITAL ENVIRONMENT OF SOCIAL RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN OF THE RUSSIAN FEDERATION
This article discusses general theoretical approaches to such legal categories as “mechanism for the realization of human rights and freedoms”, “digital rights of citizens”. The author reveals the relevance of digitalization in various spheres of life, presents the legislative basis for the transformation of the social system in the context of digitalization. Based on the analysis of legislative acts on the rights and freedoms of man and citizen in the digital environment, the types of information are established, access to which has expanded due to the formation of a new information space, the principles of social services are indicated , taking into account information accessibility, and the features of the mechanism for the implementation of social rights and freedoms of man and citizen in the digital environment are identified. On the example of the Republic of Tatarstan, the development of federal norms on social rights and freedoms of man and citizen in the digital environment at the regional level is considered.
Keywords: social rights; human and civil rights and freedoms; mechanism for the implementation of social rights; social rights digital environment
Work bibliographic list
1. Rezer T. M., Kuznetsova E. V., Likhachev M. A. Mechanisms for the implementation and protection of human and civil rights: textbook. allowance / [under the general. ed. T. M. Rezer]; Ministry of Science and Higher. education Ros. Federation, Ural. feder. un-t. Yekaterinburg: Publishing House Ural. un-ta, 2019. S. 4.
2. Vitruk N.V. General theory of legal responsibility: monograph. M.: Publishing House RAP, 2008. S. 160.
3. Rostovshchikov IV Ensuring and protecting the rights and freedoms of the individual: Vopr. theory and practice of internal affairs bodies: author. dis. … cand. legal Sciences. M., 1997. S. 17.
4. Smirnova O. M., Amirova R. R. Transformation of the content of the concept of “social state” at the beginning of the XXI century // Law and Law. M.: “UNITI-DANA”, 2021. No. 3. P. 26.
5. Zorkin V. D. Law in the digital world // Rossiyskaya gazeta: Stolichny issue. No. 7578 (115).
6. Zorkin V. D. Law in the digital world: reflections on the sidelines of the St. bottom of the legal forum. Rossiyskaya Gazeta, May 29, 2-18, No. 115.
7. Khabrieva T. Ya. Law before the challenges of digital reality // Journal of Russian Law. 2018. No. 9. S. 5-16.
8. Avakyan S. A. Information space of knowledge, digital world and constitutional law // Constitutional and municipal law. 2019. No. 7. S. 23-28; See Shakhrai S. M. “Digital” Constitution.
9. Bondar N. M. Information and digital space in the constitutional dimension: from the practice of the Constitutional Court of the Russian Federation / Constitutional and municipal law // Journal of Russian law, – 2019, No. 11, – P. 25-42.
10. Shakhrai S. M. “Digital” Constitution. The fate of the fundamental rights and freedoms of the individual in the total information society // Bulletin of the Russian Academy of Sciences. 2018. No. 12. V. 88. S. 1075-1082.
ADMINISTRATIVE LAW
ALESHIN Sergey Vasiljevich
senior lecturer of Administrative and legal disciplines sub-faculty of the Ufa Law Institute of the MIA of Russia
LEGALITY AND DISCRETION IN THE ACTIVITIES OF THE POLICE IN THE ENFORCEMENT OF LEGISLATION ON ADMINISTRATIVE OFFENSES
The article studies the essence of the concepts of “discretion”, “administrative discretion”, highlights the characteristic features and their features, considers and analyzes issues related to the implementation of administrative discretion in law enforcement activities to implement administrative legislation. At the same time, special attention is paid to the observance of the law.
Keywords: legality, discretion, administrative discretion, activities to ensure compliance with legislation on the definition of offenses.
Work bibliographic list
1. Alekseev S. S. Social value of law in the Soviet society. M., 1971. 221 p.
2. Elistratov A. I. Administrative law. M., 1911. 235 p.
3. Efremova T. F. New Dictionary of the Russian Language. Explanatory derivational. In 2 vol. M., 2000. Vol. 2. 1088 p.
4. Korenev A. P. Norms of administrative law and their application. M., 1978. 144 p.
5. Lazarev BM Competence of management bodies. M., 1972. 280 p.
6. Lunev A. E., Studenikin S. S., Yampolskaya T. A. Socialist legality in the Soviet state administration. M., 1948. 136 p.
7. Ozhegov S. I. Explanatory dictionary of the Russian language: About 100,000 words, terms and phraseological expressions. M., 2018. 1234 p.
8. Nightingale Yu. P. Discretion in the administrative activities of the Soviet police: Dis. … cand. legal Sciences. M., 1982. 229 p.
9. Tikhomirov Yu. A. Administrative discretion and law // Journal of Russian law. 2000. No. 4. S. 71-74.
10. Tikhomirov Yu. A. Management decision. M., 1972. 288 p.
11. Chicherin B. N. The course of state science: In 3 volumes. M., 1894. Part 1: General state law. 481 p.
ADMINISTRATIVE LAW
BIRYUKOVA Evelina Robertovna
senior lecturer of the Vladimir Law Institute of the FPS of Russia
SOME ASPECTS OF EVALUATING THE PERFORMANCE OF US GOVERNMENT OFFICIALS
In the article, the author considers the issues of assessing the effectiveness of the activities of US civil servants, analyzes the main ways and methods of assessing the activities of civil servants. The study is aimed at identifying the most effective strategies and methods for assessing the quality of work of civil servants in order to create the most favorable environment for the implementation of the state tasks assigned to them. Particular attention is paid to the methodology for assessing the effectiveness of the activities of public servants in the United States and the role of the head of a state body in matters of improving the effectiveness of the tasks assigned to subordinates.
Keywords: civil servant, efficiency, assessment, USA, system, stimulation, encouragement.
Work bibliographic list:
1. God’s Will A.A. Evaluation of the effectiveness of civil servants of the management staff: international experience and Russian prospects // Issues of state and municipal management. – 2009. – No. 2. – S. 89-94.
2. Khakhunova A. Development of management efficiency assessment practices: world trends and US experience // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2015. – No. 2. – S. 48-52.
ADMINISTRATIVE LAW
BONDARCHUK Ilya Vladimirovich
Ph.D. in Law, associate professor of State and law disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
STRELNIKOVA Irina Yurievna
Ph.D. in Law, associate professor, Head of Theory and history of law and state Crimea sub-faculty of the Russian State University of Justice
TROFIMOV Sergey Anatoljevich
Ph.D. in Law, associate professor, professor of State and law disciplines sub-faculty, Director of the Russian State University of Justice
TO THE QUESTION OF LEGAL REGULATION OF ACHIEVEMENTS OF SCIENTIFIC PROGRESS
The development of science is accompanied by the appearance of inventions that were not previously known to mankind. Appearing, they find themselves in a legal vacuum, since the legislator has not yet managed to determine their place in legal relations, their legal regime and the procedure for using them.
The article discusses a number of problems that arise with the use of new objects of legal regulation in cases where the legal field of the state does not have time to transform following the development of scientific achievements. The attention of legislative bodies is drawn to the fact that the formation of new legal relations should take place within the framework of harmonization of private and public interests within society.
Keywords: object of legal regulation, legislation, digital technologies.
Work bibliographic list
1. Mandelstam A. N. The Hague conferences on the codification of private international law // Bulletin of the University named after O. E. Kutafin (MSLA). – 2021. – No. 3 (79). – S. 261-263.
2. Golovina A. A., Sidorenko A. I., Antonova N. V. [et al.]. Legal robotization concept. – Moscow: Prospekt Limited Liability Company, 2019. – 240 p. – ISBN 978-5-392-30565-0. – DOI 10.31085/9785392305650-2019-240.
3. Kuzmishchev R. I., Evsikova E. V. Theoretical and legal foundations for establishing the legal regime of unmanned aerial vehicles on the territory of the Russian Federation // Modern Science. – 2021. – No. 4-3. – S. 273-277.
4. Momotov V. V. Artificial intelligence in legal proceedings: state, prospects for use // Bulletin of the O. E. Kutafin University (MSLA). – 2021. – No. 5 (81). – S. 188-191. – DOI 10.17803/2311-5998.2021.81.5.188-191.
5. A. I. Vorobyov, S. V. Zhankaziev, S. A. Ivanov [et al.]. Drones on the roads of Russia (criminal legal problems). – Moscow: Prospekt Limited Liability Company, 2022. – 520 p. – ISBN 978-5-392-35691-1.
6. Korobeev A. I., Chuchaev A. I. Unmanned vehicles: new challenges to public security // Lex russica (Russian law). – 2019. – No. 2 (147). – P. 9-28. – DOI 10.17803/1729-5920.2019.147.2.009-028.
7. Kochoi S. M. Criminal legal risks of using unmanned vehicles // Actual problems of Russian law. – 2021. – T. 16. – No. 7. – S. 125-135. — DOI: 10.17803/1994-1471.2021.128.7.125-135.
8. Glushchenko V. S. Prevention of violations of human privacy by modern air technology // Actual problems of aviation and cosmonautics. – 2018. – T. 3. – No. 4 (14). – S. 585-588.
9. Chuchaev A. I. Threats to the safety of unmanned aerial vehicles // Criminal law and digitalization: new challenges and threats: Collection of scientific papers based on the results of the International Scientific and Practical Conference, Lipetsk, December 03, 2021. – Lipetsk: Individual entrepreneur Bogatyrev Valery Ivanovich, 2022. – P. 3-7.
10. Pomogalova Yu. V., Davydova A. I. Legal support for the use of unmanned aerial vehicles in the airspace of Russia and in foreign countries // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2019. – No. 1. – P. 185-196.
11. Kuksin I. N., Chechelnitsky I. V. Ensuring the balance of public and private interests as a means of achieving justice in lawmaking // Rights and freedoms of man and citizen: theoretical aspects and legal practice: materials of the annual International scientific conference in memory of Professor Felix Mikhailovich Rudinsky , Moscow, April 28, 2016 / Under the general editorship of D. A. Pashentsev. – Moscow: Limited Liability Company “Publishing House “Concept”, 2016. – P. 420-427.
ADMINISTRATIVE LAW
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for Organization of Scientific and Editorial and Publishing Activities of the Crimean branch of the Russian State University of Justice, honored lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KRAVCHENKO Natalya Alexandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KOVALISHINA Kseniya Viktorovna
student of the 4th course of the Crimean branch of the Russian State University of Justice
PROBLEMS OF IMPROVING THE LEGAL REGULATION OF MIGRATION RELATIONS IN THE REPUBLIC OF CRIMEA IN THE CONTEXT OF DIGITALIZATION
The article attempts to conduct a scientific study of the theoretical aspects and problems of the legal implementation of migration legal relations. The authors examine the experience of the Republic of Crimea in the implementation of migration registration and identify a number of problematic aspects that need proper legal regulation. Based on the study of the current migration legislation, the authors come to the conclusion that it needs to be improved and make their proposals taking into account the processes of universal digital transformation.
Keywords: migration legal relations, migration registration, migration offenses, Republic of Crimea, digitalization.
Work bibliographic list
1. Ambartsumov S. S. Problems of the legal status of foreign citizens and stateless persons in the Russian Federation // Young scientist. – 2022. – No. 11 (406). – S. 79-82.
2. Evsikova E. V. Legal basis for the prevention of administrative offenses in the Republic of Crimea // Eurasian legal journal. – 2016. – No. 8 (99). – S. 148-150.
3. Trifonova K. V., Trifonov S. G. Institutional and legal support of migration security // Eurasian legal journal. – 2022. – No. 4
(167). – S. 147-149.
4. Trifonova K. V., Trifonov S. G. The institution of migration amnesty as one of the legal means of modern migration policy in the context of the COVID-19 coronavirus pandemic // Eurasian Law Journal. – 2021. – No. 9
(160). – S. 140-142.
5. Nikienko K. G. Problems of migration registration of foreigners at the place of residence and stay // Scientific works of the Moscow Humanitarian University. – 2019. – No. 6. – P. 57-62.
6. Mamina D. A., Meskhi B. B. Migration attractiveness of the Republic of Crimea // Humanist of the South of Russia. – 2020. – Volume 9 (42). – No. 2. – S. 203-215.
7. Evsikova E. V. Some issues of ensuring and protecting human rights in administrative and tort relations in the field of migration offenses // Ocean Management. – 2022. – No. 1 (15). – P. 11-16.
ADMINISTRATIVE LAW
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Academy of the FPS of Russia
CHISTYAKOV Kirill Alekseevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Academy of the FPS of Russia
THE OPENING OF A VEHICLE AS A MEASURE OF ADMINISTRATIVE COERCION
Five years ago, a new type of administrative coercion was fixed in Russian legislation – the opening of a vehicle. However, there is still no legal description of this measure of administrative coercion, there is no indication of the form of fixation of the action performed. The article analyzes the concept of opening a vehicle as a measure of administrative coercion, justifies the place of this coercion in the system of measures of administrative coercion. Attention is not drawn to the need to establish the purposes and grounds for opening the vehicle.
Keywords: administrative coercion, vehicle opening, the purpose of the use of a coercive measure, the grounds for the use of a coercive measure, vehicle inspection.
Work bibliographic list
1. Rossinsky B.V. The concept, classification and nature of measures of administrative coercion // Laws of Russia: experience, analysis, practice. 2021. No. 11. S. 3-9.
2. Zakopyrin V.N. Purposes of application of measures to ensure proceedings in cases of administrative offenses // V International Penitentiary Forum “Crime, Punishment, Correction”. In 9 volumes. Volume 9. Ryazan, 2021. S. 37-41.
3. Kaplunov A.I. The meaning of the concept of “method of coercive influence” for the regulation of measures of administrative coercion used by the police // Actual problems of police law. Omsk, 2021, pp. 128-133.
4. Zakopyrin V.N. Problems of the system of measures to ensure production in cases of administrative offenses // Bulletin of the Ryazan branch of the Moscow University of the Ministry of Internal Affairs of Russia. 2021. No. 15. S. 44-47.
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KAPRANOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Forensic examination and criminalistics sub-faculty of the Rostov State University of Economics (RINE)
KORENYUGIN Vitaliy Valerjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Institute of Law of the MIA of Russia
FEATURES OF THE IMPLEMENTATION OF ADMINISTRATIVE AND JURISDICTIONAL ACTIVITIES OF THE TRAFFIC POLICE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION USING TECHNICAL MEANS TO ENSURE ROAD SAFETY
The article examines the main aspects of various forms of public relations arising in the process of introduction and use of technical means in the activities of the police for the protection of public order, examines the subjects of administrative and jurisdictional activities with the use of technical means to ensure road safety, analyzes the main technical means used by law enforcement agencies. Statistical data concerning the development of road infrastructure, an increase in the percentage of motor vehicles owned, the number of road accidents and the main causes and conditions contributing to their occurrence have been studied. The current system of prevention is considered, including all the key principles of administrative law, process and legal proceedings.
Keywords: protection of public order, traffic, technical means, road infrastructure, police officers.
Work bibliographic list
1. Review before of road transport accidents in the Russian Federation for 2021. [Electronic resource]. – Access mode: https://xn--90aga7a7b.xn--b1aew.xn--p1ai/news/item/23889882.
2. Review of the legislation and judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2008 (approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of December 5, 2008) (Extract) (as amended on July 17, 2019).
3. Kvitchuk A. S. The system for ensuring road safety in Russia: historical and legal research: author. dis. … doc. legal Sciences. – St. Petersburg, 2019. – 44 p.
ADMINISTRATIVE LAW
NABIULLINA Viktoriya Romanovna
senior lecturer of Technosphere safety sub-faculty of the Northern Trans-Ural State Agricultural University
JUDICIAL PRACTICE IN ADMINISTRATIVE CASES ON THE DISSEMINATION OF OBVIOUSLY UNRELIABLE SOCIALLY SIGNIFICANT INFORMATION THAT POSES A THREAT OF INTERFERENCE WITH THE FUNCTIONING OF ORGANIZATIONS (PART 9 OF ARTICLE 13.15 OF THE ADMINISTRATIVE CODE OF THE RUSSIAN FEDERATION)
The article discusses court decisions on cases of administrative offenses provided for in Part 9 of Article 13.15 of the Administrative Code of the Russian Federation. In particular, judicial practice is being investigated in cases of the dissemination of obviously unreliable socially significant information that threatens to interfere with the functioning or termination of the functioning of organizations in certain fields of activity. The author analyzes the composition of administrative offenses set out in judicial acts.
Keywords: administrative responsibility, obviously unreliable socially significant information, Part 9 of Article 13.15 of the Administrative Code of the Russian Federation.
Work bibliographic list
1. Zavadskaya L. N., Sheyafetdinova N. A., Solovyov A. A., Stepkin K. A. On the issue of legal liability for the deliberate dissemination of deliberately false information that causes panic and anxiety among the population // Education and Law. – 2018. – No. 9. – P. 205-209.
2. Klyukovskaya I. N., Ter-Avanesova I. N. Intentional dissemination of deliberately false information in the media and information and telecommunication networks – a new challenge to state security in the modern world // Humanitarian and legal research. – 2019. – No. 2. – P. 121-128.
3. Bagutsky N. V., Dadaeva Yu. V. Problems of delimitation of the norms of criminal and administrative law of the Russian Federation regulating measures to counteract the spread of coronavirus infection (COVID-19) // Bulletin of the Altai Academy of Economics and Law. – 2021. – No. 7. – P. 215-221.
ADMINISTRATIVE LAW
NEDOVA Natalya Sergeevna
Ph.D. in Law, associate professor of the Russian University of Transport
ADMINISTRATIVE AND LEGAL MECHANISM FOR THE IMPLEMENTATION OF THE FUNCTIONS OF THE FAS OF THE RUSSIAN FEDERATION FOR MONITORING AND COMPLIANCE WITH THE REQUIREMENTS OF ANTIMONOPOLY LEGISLATION
The article considers the actual aspects of the mechanism for implementing the functions of antimonopoly regulation as a means of ensuring the regime of legality and compliance with the requirements of antimonopoly legislation. Representing a closed system of legal means of administrative and legal influence, the mechanism of antimonopoly regulation presupposes the existence of specific instruments of power and administrative influence to protect competition and counteract the abuse of monopoly position in the market. Among the promising areas of development of the administrative and legal tools of the FAS of Russia for monitoring compliance with the requirements of antimonopoly legislation, the institute of antimonopoly compliance, effectively used in developed foreign legal systems, is considered. Using the example of relations in the field of state and municipal procurement, it is concluded that there are a number of problems of administrative and legal support for the implementation of antimonopoly functions of public administration and recommendations for overcoming them are proposed.
Keywords: protection of competition, measures of administrative and legal impact, compliance, contract system.
Work bibliographic list
1. Federal Law No. 135-FZ of July 26, 2006 (as amended on June 11, 2022) “On Protection of Competition” // Rossiyskaya Gazeta. – No. 162. – 07/27/2006.
2. Federal Law No. 33-FZ of March 1, 2020 “On Amendments to the Federal Law “On Protection of Competition” // Rossiyskaya Gazeta. – No. 45. – 03.03.2020.
3. Decree of the Government of the Russian Federation of June 30, 2004 N 331 (as amended on June 22, 2022) “On approval of the Regulations on the Federal Antimonopoly Service” // Rossiyskaya Gazeta. – No. 162. – 07/31/2004.
4. Kudryavtseva L. V., Byzova E. A. Antimonopoly compliance: legal regulation // Law and practice. – 2022. – No. 1. – P. 125-129.
5. Ovcharov A. V. Antimonopoly compliance as a means of preventing corruption in the field of state and municipal procurement // Military Law. – 2021. – No. 4 (68). – S. 110-116.
ADMINISTRATIVE LAW
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KRAVCHENKO Natalya Aleksandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KOVALISHINA Ksenya Viktorovna
student of the 4th course of the Crimean branch of the Russian State University of Justice
PUBLIC RESPONSIBILITY FOR ENVIRONMENTAL OFFENSES: THEORETICAL ASPECTS AND PROBLEMS OF LAW ENFORCEMENT IN THE DIGITAL SPACE
The article attempts to conduct a scientific study of the theoretical aspects and problems of law enforcement of public liability for environmental offenses as a new type of legal liability. The authors come to the conclusion that the ambiguity in understanding the category of “public liability” causes theoretical and practical uncertainty in understanding its legal nature and content. In the course of the study, the authors study various approaches to understanding “public legal responsibility for environmental offenses”, revealing this concept through the prism of the category “legal relationship”, through legally protected public interests in the field of ecology and environmental protection , through binding to the damage or harm caused by the violator to the environment, through the category “environmental offense”. As a result of the study, the authors make their proposals on countering the commission of environmental offenses and crimes in the Russian Federation, taking into account the processes of digitalization.
Keywords: environmental offenses, public liability, digitalization.
Work bibliographic list
1. Environmental responsibility: a global environmental policy. Group “Business profile” / Analytical research. Global Environmental Responsibility (2021). – [Electronic resource]. – Access mode: DelProf_Analitika_Globalnaya-ekologicheskaya-otvetstvennost.pdf (date of access: 12/05/2021).
2. Kuzmin I. A. Specifics of public liability // Lex Russica. – 2017. – No. 6 (127). – S. 39-50.
3. Evsikova E. V., Buts S. B. To the law on the amendment to the Constitution of the Russian Federation – 2020 // Eurasian legal journal. – 2021. – No. 11 (162). – S. 133-135.
4. Evsikova E. V. Law on the amendment to the Constitution of the Russian Federation 2020: some aspects of theory and practice // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2021. – T. 7. – No. 4. – S. 58-71
5. Ermolaeva P. O., Ermolaeva Yu. V., Basheva O. A. Digital environmental activism as a new form of environmental participation of the population // Sociological Review. – 2020. – T. 19. – No. 3. – P. 376-408.
6. Brinchuk M. M. Ecological and legal responsibility – an independent type of responsibility // Lex Russica. – 2016. – No. 6 (115). – S. 26-47.
7. Anisimov A. P., Ustyukova V. V., Chikildina A. Yu. Ecological and legal liability for causing harm to the environment: justification problems // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2017. – T. 12. – No. 4. – S. 133-161.
8. Strantsov A. A. Legal consequences of harm caused by an environmental offense: Textbook. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2016. – 67 p.
9. Raupova M. T. Problems related to the definition of legal responsibility in the field of environmental offenses // Bulletin of the Tajik State University of Law, Business and Politics. – 2013. – No. 2 (54). – P. 3-8.
10. Kodolova A. V., Solntsev A. M. Bringing to responsibility for causing harm to the environment in Russia and foreign countries: ways to improve legislation // Antinomies. – 2019. – T. 19. – No. 1. – P. 112-127.
11. Melnikova V. G., Suranova E. M. On the forms and procedure for compensation for harm caused to the environment // Bulletin of the Tomsk State University. – 2017. – No. 415. – P. 193-199.
12. Strantsov A. A. Harm as a basis for bringing to criminal responsibility for illegal hunting // Actual problems of combating crimes and other offenses. – 2015. – No. 15-2. – S. 50-52.
13. Evsikova E. V. Problems of theory and practice of the institute of administrative responsibility // Eurasian legal journal. – 2018. – No. 10 (125). – S. 108-110.
ADMINISTRATIVE LAW
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PAVLOVA Liliya Rasilevna
lecturer of the College of the Bashkir State University
FEATURES OF BRINGING TO ADMINISTRATIVE RESPONSIBILITY FOR DOMESTIC VIOLENCE AND DEBAUCHERY IN THE RUSSIAN FEDERATION
The article deals with the issues of counteracting domestic violence and family and household rowdy on the territory of the Russian Federation, some prerequisites for the occurrence of domestic violence, the danger associated with family violence, the features of bringing persons committing offenses in the field of family and domestic relations to administrative responsibility, their registration in the internal affairs bodies and the implementation of preventive work with them, identified problematic issues in the administrative legislation of the Russian Federation in the field of domestic violence and debauchery.
Keywords: domestic violence, domestic debauchery, beatings, police, preventive accounting.
Work bibliographic list
1. Code of the Russian Federation on Administrative Offenses.
2. Criminal Code of the Russian Federation.
ADMINISTRATIVE LAW
STANDZON Lyudmila Vladimirovna
Ph.D. in Law, associate professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GENERAL TRENDS IN THE DEVELOPMENT OF LICENSING AS AN ADMINISTRATIVE PROCEDURE IN THE RUSSIAN FEDERATION IN THE CONTEXT OF COVID-19
The article examines the trends in the development of licensing of certain types of activities in the Russian Federation as the most important administrative procedure, taking into account the impact of COVID-19 on it over the past few years. The author substantiates the need for digitalization in this area of public relations. There is also a positive impact of electronic interaction between the licensing authority and the license applicant, licensor. Special attention is paid to the peculiarities of licensing control carried out during the period of COVID-19.
Keywords: license, licensing of certain types of activities, administrative procedure, development trends, digitalization, COVID-19.
Work bibliographic list
1. State control and supervision in the field of entrepreneurial activity: account. allowance / Resp. ed. Zubarev. – M.: Prospekt, 2022. – 176 p.
2. Report on licensing certain types of activities for 2020 – M .: Ministry of Economic Development, 2021.
3. Martynov A. V. Prospects for the application of the mechanism of the “regulatory guillotine” in the reform of control and supervision activities // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2019. – No. 5. – P. 143-165.
4. The licensing system in the Russian Federation: a scientific and practical guide / Ed. ed. A. F. Nozdrachev. – M.: IZISP under the Government of the Russian Federation. – M: INFRA-M, 2015. – 928 p.
5. Special administrative and legal regimes: account. allowance / Resp. ed. S. A. Starostin. – M.: Prospekt, 2021. – 200 p.
6. Standzon L. V. Licensing system: monograph. – M.: Prospekt, 2021. – 272 p.
ADMINISTRATIVE LAW
SHUGAIBOVA Saida Shugaibovna
Ph.D. in Law, associate professor of Economic, legal and general education disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
PROBLEMS OF PETTY HOOLIGANISM IN ADMINISTRATIVE AND CRIMINAL LAW
In the article, petty hooliganism is considered as an administrative offense that violates public order, and objective signs of a specific administrative offense are indicated. The article discusses the problems associated with the implementation in practice of administrative-tort norms enshrined in Article 20.1 of the Code of Administrative Offences of the Russian Federation. In this article, the author makes a distinction between related compositions of bullying. Identifies problems in the qualification of offenses and court proceedings.
Taking into account the variety of forms of manifestation of petty hooliganism, the article reveals the peculiarities of the qualification of offenses related to the use of obscene language in public places.
The article deals with the most acute problem that causes serious difficulties in the practical activities of law enforcement officers, namely the qualification of such an administrative offense as petty hooliganism.
Keywords: obscene language, petty hooliganism, profanity, responsibility, punishment, composition, violation of public order, police, administrative fine.
Work bibliographic list
1. Borodin SV Crimes against life. – M., 1999. – S. 144.
2. Vlasova S. A. Administrative responsibility for petty hooliganism. Abstract. diss…cand. legal Sciences. – M., 2006.
3. Kudryavtsev VN General theory of qualification of crimes. – M.: Lawyer, 2015. – P. 63.
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
TO A SURVEY ON THE POSITIVE LEGAL RESPONSIBILITY OF THE MASS MEDIA
This article touches upon the problematic aspects of the positive legal responsibility that the media should bear. The issues of morality of the mass media are considered as the main tool for the qualitative improvement of the content of the broadcast media. The fundamental foundations and the social nature of the origin of the degradation-parasitic content offered to the population by the mass media are considered. Actual solutions are analyzed that contribute to an increase in positive responsibility in a market economy and liberalism.
Keywords: Mass media, shock content, technical means, information, positive legal responsibility, morality, media source, democracy, legal awareness, lawful behavior.
Work bibliographic list
1. Khachaturov R.L. Positive and retrospective legal responsibility // Vector of Science of Togliatti State University. Series: Legal Sciences. 2014. No. 1 (16). pp. 106-109.
2. Shichanin M.A. Prospective (positive) liability in budgetary law: legal profanation or necessity caused by time? // Skif. Issues of student science. 2019. No. 3 (31). pp. 139-142.
3. Kamaltdinova Yu.D. Positive legal responsibility and moral and ethical categories // Bulletin of the Chelyabinsk State University. 2009 No. 31 (169). pp. 34-36.
CIVIL LAW
ABDULMANAFOV Alen Bagaudinovich
magister student of the Institute of Law of the Dagestan State University
GUSEYNOVA Larisa Vagidovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
MILITARY MORTGAGE UPON DISMISSAL
The article reveals the concepts of military mortgage and targeted housing loans. The conditions for dismissal are determined under which benefits on military mortgages are preserved. Cases of dismissal are stipulated, in which benefits are not due to a soldier. The issues of non-fulfillment of obligations on mortgage lending to military personnel in case of early dismissal, as well as the consequences arising from this, are considered. The responsibility of the parties is determined on the example of judicial practice. Conclusions are formed on a specific claim and an opinion based on a decision on a case from judicial practice.
Keywords: mortgage, real estate, creditor, contract, loan.
Work bibliographic list
1. Civil Code of the Russian Federation as of February 1, 2021
2. Federal Law “On Mortgage (Pledge of Real Estate)” of July 16, 1998 No. 102-FZ (last edition) // ATP “Consultant Plus”.
3. Semyonistaya T. Military mortgage (reference book for servicemen) / Melnikov I.V. – 2016.
4. Kuzmina E.V., Yanin A.A. Directions and prospects for the development of the Russian market of mortgage lending // Dengi i kredit. – 2017.
5. Netishinskaya L.F., Rudenko E.S. To the question of the legal regulation of real estate pledge (mortgage) // Epomen. – 2018. – No. 12.
6. Bevzenko R.S. Commentary on the judicial practice of resolving disputes under a mortgage agreement. – M.: Statute, 2008.
7. Viktorova R.N. Responsibility of the parties under the mortgage agreement // Notary. – M.: Lawyer, 2009. – No. 1.
8. Zainullina S.R. Parties under the mortgage agreement // Scientific works of the Russian Academy of Sciences. In 3 volumes. – M.: Lawyer, 2009. – Issue. 9. Vol. 2.
9. Rudenko E.Yu. Features of the subject and object of the mortgage of residential premises // Modern law. – M.: New Index, 2009. – No. 3.
CIVIL LAW
ARTEMJEVA Ekaterina Vadimovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ZHABKIN Anton Sergeevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
SHEVCHENKO Sergey Vyacheslavovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
FIGHTING AUTO INSURANCE FRAUD
The article discusses the features of the fight against fraud in the field of auto insurance. Insurance, like any other business activity, is subject to fraud, and therefore, the issue of counteracting various violations on the part of insurance market entities is very relevant. In this area of activity, a large number of fraudulent schemes and methods of evading punishment quickly appeared. The rapid disclosure of fraudulent schemes is hindered by the participation of several parties at once – vehicle owners, appraisers and representatives of insurance companies. Auto insurance fraud is a big problem today. The main purpose of such actions is to obtain financial benefits in an illegal way.
Keywords: car insurance, fraud, compulsory motor liability insurance policy, vehicle identification number verification, crime prevention.
Work bibliographic list
1. Balalaeva M. V., Lebedeva M. A. Fraud in the field of auto insurance // Issues of modern jurisprudence. – 2017. – No. 5 (66). – S. 64-66.
2. Mironova S. M., Kharkina E. A. Actual problems of combating crimes in the field of insurance (OSAGO) // Modern society and law. – 2019. – No. 4 (41). – S. 94-98.
3. Trubchaninov A. V. Characteristics of incentive motives for committing fraudulent actions in the field of insurance of vehicles and the identity of the offender // Eurasian Law Journal. – 2020. – No. 7 (146). – S. 364-367.
CIVIL LAW
BASHILOV Boris Igorevich
Ph.D. in Law, senior lecturer on Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, senior partner of the law firm “Bashilov, Noskov and Partners”,
OLEYNIK Anton Denisovich
student of the 4th course of the Institute of Law of the Peoples’ Friendship University of Russia
ON THE SPECIFICS OF PROVING THE UNEQUAL VALUE OF COUNTER-EXECUTION WHEN CHALLENGING TRANSACTIONS IN BANKRUPTCY PROCEEDINGS
The article is devoted to the study of the legislative provisions, scientific works related to the legal regulation of challenges to suspicious transactions, as well as identify problems in the field of regulation of challenges to these transactions. The authors also developed the concept of contesting transactions with unequal counter-performance. According to this concept, if a counterperformance of more than 20 per cent in similar transactions is rejected, the interested parties should provide additional information on the necessity of the transaction in court proceedings. The standard of proof would thus be established.
Keywords: bankruptcy, challenging debtor’s transactions, suspicious transactions, court proceedings, standard of proof, arbitration process.
Work bibliographic list
1. Miroshnichenko O. I., Samusenko T. M., Gaivonskaya Ya. V., Frolova E. E. Doctrine in the modern world: legal traditions and modern potential // The social sciences (Pakistan). – 2018. – P. 236.
2. Panchenko P. V., Frolova E. E. Implementation of the principle of assistance of the parties upon termination of the obligation and after termination // Gaps in Russian legislation. – 2018. – No. 4. – P. 136
3. Nikonov A. V. Some problems of contesting the debtor’s transactions in case of unequal counter performance // Innovations. The science. Education. – 2021. – No. 40. – P. 203.
4. Novotolskaya O. S. Controversial issues of law enforcement practice in challenging the debtor’s transactions with unequal counter performance // State and Law. Jurisprudence / Financial law. – S. 71 (71-75).
5. Sheremetyeva N.V. Judicial expert determination of the cost of works of art in Russian legal proceedings // Administrative and municipal law. – 2022. – No. 1. – P. 73.
6. Strekalovsky A. A. Determination of inequivalence in challenging the transactions of a bankrupt debtor in Russian legislation. Vestnik nauki. – 2022. – No. – 2 (47). T. 3. – S. 52.
CIVIL LAW
BEGICHEV Aleksander Valerjevich
Ph.D. in Law, professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
NAZEMTSEV Denis Mikhaylovich
assistant notary of the Barnaul Notary District, lecturer Labor, environmental law and civil process sub-faculty of the Institute of Law of the Altai State University, Barnaul
ON THE ISSUE OF REMOTE NOTARIZATION OF DECISIONS OF MANAGEMENT BODIES OF LEGAL ENTITIES AS A TOOL THAT ENSURES THE STABILITY OF CORPORATE RELATIONS
This article analyzes the novelties of legislation regulating the features of the remote method of participation in meetings of participants of a business company. The authors consider the advantages and controversial aspects of this method for civil turnover. The role of a notary in the remote notarization of management bodies of legal entities is investigated. The article notes that the remote format of a notary’s participation in certifying decisions of management bodies of business companies may be in demand when their participants are located in different localities of the Russian Federation. In this connection, the authors propose to expand the range of notarial actions that can be performed remotely.
Keywords: remote notarial actions, certification of the decision of the management body of a legal entity, general meeting of participants, remote method of participation, electronic notary.
Work bibliographic list
1. Begichev A. V. The role of digitalization in the interaction of judicial and notarial authorities in the application of conciliation procedures // RUDN Journal of Law. 2022 Vol. 26 No. 2.
2. Gutnikov O. V. Trends in the development of corporate governance in modern conditions // Journal of Russian law. 2020. No. 8.
3. Sinitsyn S. A. Russian and foreign civil law in the context of robotization and digitalization. Experience of interdisciplinary and branch research: monograph. M., 2021.
4. Shitkina I. S., Seveeva K. V. Face-to-face meetings in a remote format // Legislation. 2020. No. 11.
5. Shitkina I. S., Seveeva K. V. Ways of decision-making by the general meeting of an economic society: novelties of legislation // Economy and law. 2021. No. 8.
6. Lexakova E. O., Gorobinsky V. G. “Qi Free notaries” in corporate relations // Notarial Bulletin, 2021. No. 9. P. 25.
7. Korsik K. A. Notaries in the federal project “Normative regulation of the digital environment” // Notarial Bulletin. 2020. No. 12. P. 3.
CIVIL LAW
BIKMEEV Ruslan Damirovich
postgraduate student of the 2nd course of the Institute of Law of the Bashkir State University
AKHTYAMOVA Evgeniya Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Institute of Law of the Bashkir State University
PERMISSION TO INSTALL AND OPERATION OF ADVERTISING CONSTRUCTION AS AN ACT OF EXPRESSION OF PUBLIC INTEREST
The article analyzes the current legislative regulation of the installation and operation of advertising structures, as well as related administrative procedures to identify emerging related ones that characterize the permission to install and operate advertising structures as a tool for expressing and protecting public interest. The key positions and definitions for the study are considered and established.
Keywords: advertising structures, outdoor advertising, legal regulation of outdoor advertising, public interest, permission.
Article-by-article bibliographic list
1. Kosyrev E. V. The concept of outdoor advertising // Russian competition law and economics. – 2019. – No. 1. – P. 14-17.
2. Kosyrev E. V. Peculiarities of offenses under Article 14.37 of the Code of Administrative Offenses of the Russian Federation // Laws of Russia: experience, analysis, practice. – 2019. – No. 11. – P. 79-84.
3. Shigabutdinov R. R. Problems of the state in the legal theory of professor of Kazan University G. F. Shershenevich // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2013. – No. 11. – S. 28-33.
4. Financial activity in the field of public and private finance: current state and development prospects: materials of the International Scientific and Practical Conference (Moscow, November 27, 2015) / Ed. I. A. Tsindeliani. – M.: RGUP, 2016. – S. 1-385.
CIVIL LAW
BOYARSKAYA Yuliya Nikolaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Saratov State Law Academy
LEGAL REGULATION OF RELATIONS IN THE FIELD OF MANAGEMENT OF APARTMENT BUILDINGS
The author in the article discusses the features of the legal regulation of relations in the field of management of apartment buildings. Also in this paper, special attention is paid to the draft Strategy for the development of the construction industry and housing and communal services of the Russian Federation until 2030 with a forecast for the period up to 2035, the approval of which will eliminate some of the problems of legal regulation of the management of MFBs, and will also improve the quality of the provided housing and communal services.
Keywords: management of MKD, apartment building, housing and communal services.
CIVIL LAW
DZYUMAN Aleksey Mikhaylovich
individual entrepreneur
PODOSINOV Dmitry Sergeevich
CEO of the JSC “Vizhnmedia”
SKRIPCHENKO Viktor Sergeevich
CEO of the LLC “UK Skripchenko I Partners”
THE IMPERATIVE IN CIVIL LAW – FREEDOM OF CONTRACT
Freedom of contract is a legal instrument, a legal tool designed to give fundamental uniformity, consistency, clarity and order in the process of implementing the tasks facing civil law, including ensuring sustainable economic development in the direction and boundaries determined by the law-maker.
Freedom of contract is interpreted as a principle serving the development of civil turnover and, in general, the entire market economy. Despite the existence of numerous studies of the civil nature of freedom of contract, a significant number of topical issues still require research. This is confirmed by the lack of understanding and respect for this principle in Russian society, the lack of generally accepted recognition of the boundaries of freedom of contract as a norm and as a principle, and others.
These circumstances indicate the importance and relevance of the topic of the work, anticipate its purpose and objectives.
Keywords: freedom of contract, imperative, principle, legal means, legal instrument, civil law, civil circulation.
Work bibliographic list
1. Ivanova Yu. A., Menyailo L. N., Fedulov V. I. The principle of freedom of contract in civil law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 5. – P. 67. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/printsip-svobody-dogovora-v-grazhdanskom-prave (date of access: 05/13/2019).
2. Radbruch G. Philosophy of law. Translation from German. – M.: Intern. relations, 2004. – S. 161.
3. Klimova A. N. From the history of the development of the principle of freedom of contract in Russian civil law // Legal Science. – 2015. – No. 2. – P. 49. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/iz-istorii-razvitiya-printsipa-svobody-dogovora-v-rossiyskom-grazhdanskom-prave (date of access: 05/13/2019).
4. Pobedonostsev K. P. Course of civil law. Part three: Contracts and obligations. – M.:Statute, 2003. – S. 123-124; Shershenevich G.F. Textbook of Russian civil law. – M.: Spark, 1995. – S. 26 and others.
5. Khamidullina F. I. Contractual relations in the aspect of formalization of the moral principles of civil law // Humanitarian, socio-economic and social sciences. – 2018. – No. 1.
6. Russkikh T. V. To the question of the freedom of the labor contract and its limitation // Bulletin of the Udmurt University. Series “Economics and Law”. – 2015. – No. 4.
7. Soifer VG The limits of contractual regulation of labor relations need to be expanded // Labor Law. – 2019. – No. 4.
8. Sadovaya I. G. The principle of freedom of a civil law contract and its limitations // Academy. – 2017. – No. 11 (26).
9. Principles of civil law and their implementation: monograph / Ed. T. P. Podshivalova, G. S. Demidova. – Moscow: Prospekt, 2019. – 352 p.
CIVIL LAW
Mikhail Nikolaevich KUZNETSOV
Ph.D. in Law, professor, professor of Civil law and process and international private law sub-faculty of the Рeoples Friendship University of Russia
ZAYTSEV Viktor Vasiljevich
magister student of the 2nd course of the Peoples Friendship University of Russia
INSTITUTE OF JUDICIAL REPRESENTATION IN THE ERA OF DIGITALIZATION
The article examines the institution of judicial representation in the era of digitalization, its impact on the work of a judicial lawyer. The authors consider a number of areas in which the development of digitalization is most pronounced: the use of digital services in the activities of a judicial representative, the use of digital programs to organize the internal process of a judicial lawyer, the impact of digitalization on the institution of advocacy, the interaction of a judicial representative with the court taking into account digitalization. Relevant conclusions have been drawn on each issue under study, as a general conclusion, the authors note that digitalization has a positive effect on the work of a judicial representative, helps to save time, labor costs, and also allows you to competently and efficiently distribute tasks.
Keywords: judicial representation, automation of judicial and claim work, digitalization of the judicial process, CIS AR.
Work bibliographic list
1. Valeev D. Kh., Kostin I. M. An indicative approach to assessing the main parameters of implementation and access to justice in a digital economy // Arbitration and civil process. – 2019. – No. 9. – P. 58-63.
2. Divin I. M. A look at professional judicial representation through the prism of procedural legislation // Russian justice. – 2018. – No. 3. – S. 22-24.
3. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Ed. Yurlitinform, 2021. – S. 224.
4. Zazulin A. I. Positive and negative views on the digitalization of law: in search of an objective point of view // Law order: history, theory, practice. – 2022. – No. 1 (32). – P. 6-12.
5. Kachalova O. V. European standards for the use of information technologies in legal proceedings in the context of modern challenges and threats // Legal state: theory and practice. – 2022. – No. 1. – P. 101-115.
6. Naumov VV The use of information tools by a lawyer in the process of pre-trial preparation for participation in an arbitration dispute // Arbitration and civil process. – 2021. – No. 1. – P. 14-18.
7. Prizhennikova A. N. Digitalization of justice: theoretical and practical aspects // Education and law. – 2020. – No. 2. – P. 240-250.
8. Rusakova E. P. Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. – 2020. – No. 9. – P. 102-109.
9. Rusakova E. P., Gronik I. A., Kupchina E. V. Civil litigation through the prism of digitalization: the experience of Russia, the USA and the Philippines // Textbook. Ed. Peoples’ Friendship University of Russia (PFUR). – 2021. – S. 109.
10. Sannikova L. V., Kharitonova Yu. S. Transformation of law in the digital era: a look into the future // State and Law. – 2019. – No. 9. – P. 87-96.
11. Fomina O. Yu. Professional representation: arguments for and against // Actual problems of Russian law. – 2019. – No. 2. – P. 95-101.
12. Chudinovskaya N. A., Malov A. A., Podolsky Yu. D., Rusinova E. R. et al. The participation of a lawyer in the civil process: a textbook for undergraduates. – Moscow: Statute, 2020. – 173 p.
13. Kantser Yu. A. Features of holding an online meeting in arbitration courts // Russian judge. – 2021. – No. 10. – S. 20-24.
14. Rusakova E. P. Robotization of civil proceedings: reality or future // Smart innovation, systems and technologies. – 2022. – Volume 288. – S. 211-217.
15. Rusakova E. P. Frolova, E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in research on Russian business and management. – 2022. – P. 191-198.
16. Frolova, E. E., Rusakova E. P. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects // Modern Global Economic System: Evolutional Develoption vs. Revolutionary Leap: Institute of Scientific Communications Conference. – Cham: Springer Nature, 2021. – P. 1842-1849.
17. Poteeva A. V. Remote methods of participation in the court session: advantages and disadvantages // Arbitration disputes. – 2021. – No. 2. – P. 65-72.
18. Kondrashov I., Ivanov A., Tsshaige H., Pronin A., Sergo A., Gashtayer T., Vashkevich A., Kvitko R., Nesterenko A., Savelyev A., Pereverzev S., Kalyatin V., Budylin S. LegalTech and lawyers of the future // Law. – 2017. – No. 11. – S. 20-36.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
LEGAL NATURE AND FEATURES OF THE RETAIL SALE AGREEMENT
The modern market is oversaturated with all kinds of goods that are in demand among consumers and have different prices. Manufacturers of goods strive to improve their quality in order to arouse increased interest among buyers and extract the maximum possible profit. Every day around the world, a huge number of different transactions for the transfer of goods are made, which are mediated by a retail sale contract. It has become widespread throughout the civilized world, in states professing democratic principles. The article discusses the legal nature of the retail sale contract, analyzes its inherent legal features, reveals its significance in the conditions of modern legal reality. The importance of the further use and development of retail trade in the context of the dynamic growth of the state economy is being updated.
Keywords: retail purchase and sale, commodity-money relations, features of retail trade, legal nature, seller and buyer.
Work bibliographic list
1. Artemov D. M. General characteristics of the retail purchase and sale agreement // New Legal Bulletin. – 2020. – No. 7 (21). – S. 29-35.
2. Belskaya AA Responsibilities of the seller under the contract of retail purchase and sale // New legal bulletin. – 2019. – No. 1 (8). – P. 16-18.
CIVIL LAW
MAGOMEDOV Abdulkhalik Mukhtarovich
magister student of Civil law sub-faculty of the Dagestan State University
MAGOMEDOVA Amina Gennadjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Dagestan State University
PROBLEMS OF THE LEGALITY OF THE APPLICATION OF DISCIPLINARY SANCTIONS
The article deals with the problems of the legality of the application of disciplinary sanctions. It is emphasized that the issues of compliance with labor discipline are relevant today, since with their help the balance of interests of the parties to the employment contract is ensured. As part of the disclosure of the topic, the legislation regulating the issues of labor discipline, as well as the existing judicial practice, was analyzed. The main conclusion is the provision according to which disciplinary sanctions will be effective only if a real legal mechanism is created that ensures a balance of interests of the employer and employee.
Keywords: legitimacy, disciplinary sanctions, labor legislation, employee, employer.
Work bibliographic list
1. Elkibaeva M.A. Is a fine possible as a disciplinary sanction in Russian labor law: raising the question // We bequeath to future generations: to do good in defense of the law: materials of the All-Russian Society. scientific-practical. conf. with international participation. – Noginsk, 2021. – S. 96-98.
2. Kostyuk K. I. Penalty: the prospect of introduction as a type of disciplinary sanction // Vestnik nauki i obrazovaniya. – 2018. – No. 9 (45). – S. 82-84.
3. Kotsareva A.M., Porvatova A.K. The legality and effectiveness of the imposition of penalties by the employer on employees // Traditional and innovative science: history, current state, prospects: coll. Art. intl. scientific-practical. conf. – Sterlitamak, 2022. – S. 219-222.
4. Maksina S.V. Separate problems of protecting the rights of workers when bringing them to disciplinary responsibility // Uchenye zapiski juridical faculty. – 2021. – No. 4. – P. 63-66.
5. Lomakina L.A. Some problems of application of legislation on disciplinary responsibility // Journal of Russian law. –2017. – No. 10. – S. 104-110.
6. Shapovalova D.A. Dismissal of an employee as a measure of disciplinary action // Topical issues of modern science: Sat. Art. intl. scientific-practical. conf. – Ufa, 2019. – S. 17-20.
CIVIL LAW
MOGILEVSKIY Grigoriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the army general I. K. Yakovlev Novosibirsk Military Institute of the National Guard troops of the Russian Federation, associate professor of Civil law sub-faculty of the Siberian Transport University
KOMISSAROV Aleksey Valerjevich
Ph.D. in Law, associate professor, Head of Civil law sub-faculty of the Novosibirsk order of Zhukov army general I. K. Yakovlev Military Institute of the National Guard of the Russian Federation, colonel of justice
CRITERIA FOR THE COMMISSIONING OF THE ACTIVITIES OF THE EXTERNAL ADMINISTRATION FOR THE MANAGEMENT OF THE ORGANIZATION AS AN ELEMENT OF THE ECONOMIC SOVEREIGNTY OF THE STATE
Examining the criteria for the introduction of the activities of the external administration for the management of the organization, the article substantiates the relevance and necessity of the normative regulation of such a procedure as an element of the formation of the economic sovereignty of the state and, as a consequence, the conditions for achieving sovereign statehood in all other spheres of state functioning. Along with the positive aspects of the content of the draft law regulating this sphere of property turnover, the authors set out proposals for its adequate revision.
Keywords: sovereign statehood, economic sovereignty, economic sphere, property turnover, organization management, external administration, activities, criteria, commissioning conditions, draft law, content analysis
Work bibliographic list
1. Izbulatov X.X. Methodological tools for political and legal research of the concept of “economic sovereignty” // Philosophy of Law. 2007. No. 3.
2. Picture of foreign business: you can’t leave, you can’t stay. [Electronic resource]. – Access mode: www.rbk.ru. (Accessed: 10/12/2022)
3. Pervunin M.V. The lawyers analyzed the amendments on the introduction of external management in foreign companies in Russia. [Electronic resource]. – Access mode: www.advgazeta.ru. (Date of access: 10/16/2022).
4. Knutova V.N. External management of foreign companies: how it works. [Electronic resource]. – Access mode: www.pravo.ru. (Date of access: 10/18/2022).
CIVIL LAW
OSIPOV Danila Denisovich
senior lecturer of the Samara State University of Economics
PROSPECTS FOR THE DEVELOPMENT OF PRIVATE DETECTIVE ACTIVITIES IN THE RUSSIAN FEDERATION
In the framework of this study, the author made an attempt to analyze the role and significance of the principles of private detective activity, and also presented their system. The article analyzes the provisions of modern legal science on the concept and meaning of the principles of law. Individual author’s positions regarding the role and significance of the principles of law in legal regulation are being investigated. The general theoretical problems of the development of the institute of private detective activity and the questions of the system of principles in the designated activity are indicated. The author’s vision of the problem on the need for legislative consolidation of the principles of private detective activity and their content is presented.
Keywords: principles of law, private detective activity, legal regulation, principles of private detective activity, private detective.
Work bibliographic list
1. Protasov VN General theory of procedural law: textbook for universities. – Moscow: Yurayt Publishing House, 2022. – 186 p.
2. Kononov A. L. On the general principles of law in French and Belgian judicial practice in administrative cases // State and Law. – 2001. – No. 3.
3. Voplenko N. N., Rudkovsky V. A. The concept and classification of the principles of law // Leningrad legal journal. – 2014. – No. 4 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-klassifikatsiya-printsipov-prava-1 (date of access: 20.09.2022).
4. Law of the Russian Federation of March 11, 1992 No. 2487-1 (as amended on June 28, 2022) “On Private Detective and Security Activities in the Russian Federation” // ATP Consultant Plus.
5. Lang P. P. Axiological measurement of legal matter: theoretical and utilitarian-practical aspects: monograph. – Samara: LLC “Printing Association “Standard”, 2021. – 192 p.
CIVIL LAW
PIROVA Rena Nizamievna
Ph.D. in historical sciences, associate professor of Economics, law and general education sub-faculty (branch) of the Dagestan State University in Kizlyar
COPYRIGHT IN ISLAM
Since 2000, WIPO has been celebrating the International Intellectual Property Day. In modern realities, we once again think about how intellectual property rights contribute to the development of innovation and creativity. In this article we will talk about copyright in Muslim countries, their protection and consolidation.
Keywords: Copyright, Islam, Muslim countries, Sharia, law, protection, Quran, Hadith.
Work bibliographic list
1. Aunur Rohim Fakih. Intellectual Property Rights, How are they protected from an Islamic point of view? // Journal of Intellectual Property Rights Waqf, Yogyakarta: HKI Center FH UII Press, 2016. P. 75-76.
2. Sunan at-Tirmizi. Hadith Hasan. Translation by N. Kuznetsov. Istanbul, 2013.
3. Ahmad Mustafa Al-Maragi, Op.cit., pp. 25-26
4. Department of Islamic Economics and Law and Legal Protection of Intellectual Property Rights According to the Islamic Perspective. Khesunida, 2020. S. 2.
5. Sunan Abu Dawood as-Sijistani. Translation: Karima Sorokoumova.
6. Riyadh Al Balushi and Sadeek Hasna // Global Voices.
CIVIL LAW
PRONINA Yuliya Olegovna
Ph.D. in economical sciences, associate professor, associate professor of Civil law sub-faculty of the Southwestern State University
FAMILY BUSINESS “AMERICAN STYLE”: LEGAL SUBTLETIES
The author considers options for the legal registration of a family business in the United States. The choice for consideration fell on this state not by chance – they are leaders in the number of registered enterprises operating in this way. Conducting a family business reviving in Russia, today, from a legal point of view, has not been regulated in any way. In the article, the author considers the existing foreign experience, which will allow Russian legislators to competently build a family business system. The article is the result of the author’s scientific research on a family business that requires legislative regulation.
Keywords: family business, family, small business, family norms, business, doing business.
Work bibliographic list
1. Eliseikin M. Monocorporations of the USSR: Elimination of private trade. – [Electronic resource]. – Access mode: https://vc.ru/u/116881-mihail-eliseykin/458703-monokorporaciya-sssr-likvidaciya-chastnoy-torgovli (date of access: 10/20/2022).
2. Zhuk A. A., Potiy K. M. The phenomenon of family business in modern economic theory // Russian Entrepreneurship. – 2017. – T. 18. No. 19. – S. 2891-2908. – [Electronic resource]. – Access mode: https://doi.org/10.18334/rp.18.19.38321.
3. Li G. Comparative analysis and characteristics of the development of family business in the regions of China (Hong Kong, Macau, Taiwan, mainland China) // Theory and practice of social development. – 2019. – No. 2 (132). – P. 45-49. – DOI 10.24158/tipor.2019.2.7. – EDN VTIKON.
4. Murzina Yu. S. The future of family business in Russia: the transfer of business to successors // Leadership and Management. – 2015. – T. 2. – No. 2. – S. 141-158. – [Electronic resource]. – Access mode: DOI 10.18334/lim.2.2.540. – EDN VDFHWB.
CIVIL LAW
RYABUS Olga Aleksandrovna
Ph.D. in Law, associate professor of Civil procedural law sub-faculty of the Rostov branch of the Russian State University of Justice, Magistrate of the Court District No. 1 of the Proletarsky Judicial District of Rostov-on-Don
TRIFONOV Sergey Gennadjevich
Ph.D. in Law, associate professor of Public legal disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
TO THE QUESTION OF INDIVIDUAL WAYS OF PROTECTING THE RIGHTS OF ENTREPRENEURS IN MODERN CONDITIONS
In the article, the authors consider the problem of protecting the rights of entrepreneurs in modern conditions.
The authors analyzed the institute of the Business Ombudsman, the introduction of which essentially marked a new stage in the dialogue between government and business.
Keywords: entrepreneurial activity, entrepreneurs, protection of rights, business Ombudsman, Commissioner under the President of the Russian Federation for the Protection of the rights of Entrepreneurs.
Work bibliographic list
1. Fadeeva V. A. The Institute of the Commissioner for the Protection of the Rights of Entrepreneurs in the Russian Federation // Izv. Sarat. university New ser. Ser. Economy. Control. Right. – 2013. – No. 4. – P. 734.
2. Johannesburg Declaration on Sustainable Development 2002. – [Electronic resource]. – Access mode: http://www.un.org/ru/documents/decl_conv/declarations/decl_wssd.shtml (date of access: 03/30/2022).
3. Gorbachev A.P. Specialization of the Institute of the Commissioner for Human Rights in the Russian Federation (On the example of the Commissioner for the Protection of the Rights of Entrepreneurs): dissertation … candidate of legal sciences: 12.00.02. – Belgorod, 2016. – 151 p.
4. Bondareva E. A. Principles of the foundations of the economic system as an element of the constitutional economy // Constitution ism and state science. – 2016. – No. 1 (8). – S. 25.
CIVIL LAW
SKLENAZH Yuriy Alexandrovich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples Friendship University of Russia
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples Friendship University of Russia
THE FORMATION OF A DIGITAL NOTARY IN THE RUSSIAN FEDERATION
The modern legal sphere of society is closely connected with digital technologies. Society, as an understanding, on the one hand, the speed of compilation and ease of use of digital legal document flow, and, on the other hand, its security, chooses the format of electronic legal documents. The issues of introduction and improvement of digital legal turnover in the notary are especially relevant. It should be emphasized that it remains necessary to find a balance between the technological development of the notary and the provision of legal protection of the legitimate interests of individuals and legal entities.
Keywords: notary, digitalization, certification of transactions, digital technologies, information society, digital legal turnover.
Work bibliographic list
1. Antrushina D. A. Electronic document management in a notary: legal regulation and problems of practice // Issues of Russian justice. – 2020. – No. 5. – P. 336-353.
2. Tsvetkov D. D. Development of the system of notarial services in the digital economy // Scientific works of the Free Economic Society of Russia. – 2019. – T. 218. No. 4. – S. 406-411.
3. Levushkin A. N. Participation of a notary in hereditary legal relations during the transfer of corporate rights and family business by inheritance // Inheritance Law. – 2021. – No. 1. – P. 17-20.
4. Kholkina M. G., Kravchenko A. G. Legal regulation of notarial actions in the conditions of the formation of the digital economy // Asia-Pacific region: economics, politics, law. – 2021. – No. 1. – P. 104-114.
5. Kazantseva A. E. Acceptance of inheritance // Bulletin of the Omsk University. Series: Law. – 2012. – No. 3 (32). – S. 127-123.
6. Shibalov M. A., Udalov M. I. Topical issues of inheritance by law in the Russian Federation // International Journal of the Humanities and Natural Sciences. – 2021. – No. 5-4. – S. 204-207.
7. Moiseeva O. V. Digital notary: responses to modern challenges // Tambov legal readings named after F. N. Plevako: materials of the IV Intern. scientific-practical. conf. (Tambov, May 22-23, 2020). – Tambov: Publishing House “Derzhavinsky”, 2020. – P. 431-436.
8. Lynov V. V. Digitalization of notarial activities during the pandemic // StudNet. – 2020. – V. 3. No. 7. – S. 648-654.
9. Dolgov S. G. Provision of notarial services using electronic technologies (digital notaries) // Notary. – 2019. – No. 3. – P. 38-41.
10. Kirillova E. A. The state of the Russian notaries: the introduction of a digital format // Notary. – 2020. – No. 6. – P. 42-44.
11. Poduzova E. B. Consent in digital medicine: notarial and civil aspects // Notarial Bulletin. – 2021. – No. 5. – P. 5-16.
12. Rusakova E. P., Zaitsev V. V. Online litigation in the Russian Federation // Advances in Law Studies. – 2020. – T. 8. No. S5. – S. 49-54.
13. Rusakova E. P., Frolova E. E. Current problems of digital justice in the BRICS Countries. Smart Innovation, Systems and Technologies. – 2022. – T. 254. – S. 143-153.
14. Begichev A. V., Frolova E. E. On the issue of systematization of sources of normative legal regulation of notarial activities. P. A. Stolypin. – 2016. – No. 4. – S. 52-65.
CIVIL LAW
ULAEVA Natalya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
THE SPECIFICS OF LEGAL REGULATION AND INDIVIDUAL PROBLEMS OF LAW ENFORCEMENT IN THE PLACEMENT OF PARKING LOTS, ROAD POCKETS AND PARKING LOTS OF VEHICLES BY LOCAL GOVERNMENTS
The article examines the specifics of legal regulation in the implementation by local self-government bodies of parking lots, road pockets and the organization of parking of vehicles, highlights some gaps in the current legislation and problems of law enforcement practice
Keywords: local self-government bodies, parking, road pocket, vehicle parking, project documentation, construction and reconstruction, major repair of highways.
CIVIL LAW
USTYUZHANINA Viktoriya Olegovna
lecturer of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
THE PROBLEM OF DEFINING E-COMMERCE – THE CONSOLIDATION OF LEGISLATION AND GLOBAL PROCESSES
The article raises the problem of defining the concept of “electronic commerce” in Russia. The author analyzes approaches to the definition of this term in foreign countries, concludes that the scope of the concept of “electronic commerce” has been significantly narrowed. In view of the digitalization of trade relations, it is proposed to revise the approach to the definition of electronic commerce, defining it as any commercial interaction in which transactions are concluded through digital technologies.
Keywords: e-commerce, transaction, digitalization, civil law, commercial law.
Work bibliographic list
1. Ingole, A. V. E-commerce revolution: Contemporary challenges of legal regulation // International Journal of Economic Perspectives. – 2021. – No. 15 (1). [Electronic resource]. – Access mode: https://ijeponline.org/index.php/journal/article/view/57 (accessed 27.08.2022).
2. Serova E. Comparison of approaches to legal regulation of e-commerce in the BRICS countries // BRICS JOURNAL OF ECONOMICS – 2020 – No. 1 (4). [Electronic resource]. – Access Mode: https://brics-econ.arphahub.com/article/24217/list/9/
3. Voitovich A. I. Course of lectures. – Minsk: Academy of Public Administration under the President of the Republic of Belarus, 2005. – P. 117.
4. Emanova N. S. Signs of e-commerce // Vestnik OmGU. Series. Right. – 2014. – No. 1 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/priznaki-elektronnoy-torgovli (date of access: 09/29/2022).
5. Pankina T. V. Electronic commerce and electronic trade: approaches to classification // Vestnik REA im. G. V. Plekhanov. – 2008. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/elektronnaya-kommertsiya-i-elektronnaya-torgovlya-podhody-k-klassifikatsii (date of access: 09/07/2022).
6. Razuvaev DV International e-commerce, problems and development prospects: dis. … cand. economy Sciences: 08.00.14; VNIIVS. – M., 2004. – S. 12.
7. Savinov Yu. A., Zelenyuk A. N., Taranovskaya E. V. Use of blockchain technology in international trade // Russian Foreign Economic Bulletin. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-tehnologii-blokcheyn-v-mezhdunarodnoy-torgovle (date of access: 09/09/2022).
CIVIL LAW
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
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
LEGAL REASONING ABOUT THE MAINTENANCE OBLIGATION OF PARENTS IN RELATION TO THE CHILD
The article deals with the issues of maintenance of children by parents and legal representatives. The grounds for the emergence of maintenance obligations on a voluntary and judicial basis are analyzed. The mechanisms of influence on persons liable to pay maintenance for their children are revealed. The norms are analyzed not only of a civil law nature, but also of an administrative impact on a maintenance subject.
Keywords: alimony, disability, child, maintenance agreement, neediness.
Work bibliographic list
1. Kozhina Yu.A., Frolovskaya Yu.I. Social policy of the state in relation to the pension rights of the child // Social and pension law. 2019. No. 3. S. 32-34.
2. Bondarenko I.V., Frolovskaya Yu.I. To the question of the forms of family education in the implementation of the child’s right to protection // Eurasian legal journal. 2019. No. 5 (132). pp. 207-208.
CIVIL LAW
ARGASHOKOV Ruslan Yurjevich
postgraduate student of the Institute of Public Administration and Management of the RANEPA under the President of the Russian Federation
THE BEGINNINGS OF CIVIL LEGISLATION AS THE BASIS FOR THE SAFETY OF ENTREPRENEURIAL ACTIVITY
The security of entrepreneurial activity is connected with the beginnings of civil legislation, which provides for a number of basic principles and norms that all participants in legal relations must follow. The article examines the relationship between conscientiousness, reasonableness and the implementation of entrepreneurial activity. The author reveals some aspects of the correlation of the used criteria for evaluating management decisions, and identifies the mechanism of influence on business entities.
Keywords: security, entrepreneurial activity, principles of civil legislation, integrity, risk.
Work bibliographic list
1. Konovalov A. V. The main principles of the civil legislation of Russia // Law. – 2016. – No. 11. – P. 116-124.
2. Bublik V. A., Semyakin M. N. Problems of the formation of the identity of Russian civil law in the context of understanding civil law culture // Bulletin of the Perm University. Legal Sciences. – 2021. – No. 3. – S. 602-623.
3. Pokrovsky I. A. Main problems of civil law. 3rd ed., stereotype. – M.: Statute, 2001. – 354 p.
4. Aliev T. T., Charykova A. I. Some problems of application of judicial discretion in the arbitration process // Modern law. – 2021. – No. 9. – P. 59-62.
5. Gribov N. D. The doctrine of the prohibition of contradictory behavior // Actual problems of Russian law. – 2020. – No. 3. – C. 128-135.
6. Laptev V. A. Corporate law: legal organization of corporate systems. – M.: Prospekt, 2019. – 384 p.
7. Civil law of the welfare state: a collection of articles dedicated to the 90th anniversary of the birth of Professor A. L. Makovsky (1930-2020) / A. G. Arkhipova, A. V. Asoskov, V. V. Bezbakh and others; resp. ed. V. V. Vitryansky, E. A. Sukhanov. – Moscow: Statute, 2020. – 480 p.
8. Nam KV The principle of good faith as a legal principle // Bulletin of economic justice of the Russian Federation. – 2020. – No. 2. – P. 88-103.
9. Konovalov A. V. The principle of reasonableness in civil law // Actual problems of Russian law. – 2019. – No. 8. – S. 11-21.
10. Pokrovsky S. S. Subsidiary liability: problems of legal regulation and law enforcement // Bulletin of economic justice of the Russian Federation. – 2015. – No. 7. – P. 98-129.
11. Abramov VV The definition of “security” in civil law and legislation // Bulletin of the Perm University. Legal Sciences. – 2013. – No. 4. – P. 111-117.
CIVIL LAW
PUGACHEVA Anna Sergeevna
postgraduate student of Civil law sub-faculty of the Kazan (Privolzhie) Federal University, Head of the regional office Kazan, LLC “Legal Service Partner”, Kazan
CIVIL LAW STATUS OF LEGAL ENTITIES AS SUBJECTS OF INVESTMENT ACTIVITY
Legal entities are the largest category of investors, in view of the implementation of various forms of investment activities. The purpose of the study is to characterize the civil law status of legal entities as subjects of investment activity. 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 practice, doctrinal provisions. The main results of the study are that the essence and content of the civil law status of investors are determined; established the relationship between the general and special components in the civil law status; clarified the features of the civil law status of professional investors and quasi-subjects; justified the development of investment law as a complex industry in which the leading role is played by civil law regulation.
Keywords: civil law status, subjects of investment activity, professional investors, institutional investor, qualified investor, quasi-entities.
Work bibliographic list
1. Pugacheva AS Investment activity as a subject of civil law regulation // Eurasian legal journal. – 2021. – No. 11 (162). – S. 217-222.
2. Bit-Shabo I. V. Public law and private law nature of the institution of public-private (municipal-private) partnership // Security of business. – 2020. – No. 4. – P. 3-7.
3. Gorelkina I. A., Beda D. V. Investments in fixed capital: current state and problems // Innovative aspects of the development of science and technology. – 2021. – No. 2. – P. 127-134.
4. Milova LN Participation of banks in leasing // International journal of the humanities and natural sciences. – 2021. – No. 5-2. – S. 233-235.
5. Fox VN Investment law. – Novosibirsk: Novosibirsk National Research State University, 2015. – 568 p.
6. Melnichuk M. V. Institutional investors in the financial market: international experience in financing projects aimed at sustainable development and green growth // Audit and financial analysis. 2019. – No. 4. – P. 124-128.
7. Yarygina I. Z. Institutional investors in Russia // Archivist. – 2016. – No. 1 (5). – S. 106-109.
8. Abramov A. E. Institutional investors in the world: features of activity and development policy: in 2 books. Book 2. – M.: Delo Publishing House, 2014. – 206 p.
9. Podgorny B. B. Institutional investors of the Russian stock market: habitus and practices // Modern studies of social problems. – 2017. – Volume 8. No. 9. – P. 82-101.
10. Krasilnikov S. S. Investment partnerships as a model for conducting joint activities: features of legal regulation and adaptation problems // International cooperation of Eurasian states: politics, economics, law. – 2018. – No. 4 (17). – S. 98-107.
11. Okhotnikova T.V. Fundamentals of formation of the mechanism of self-organization of investment activity subjects // Interexpo Geo-Siberia. – 2014. – No. 1. – P. 271-275.
12. Features of legal regulation and problems of adaptation of an investment partnership as a model for conducting joint activities. – M .: JSC “RVC” AB “Line of Rights”, 2017. – 52 p. – [Electronic resource]. – Access mode: https://www.rvc.ru/analytics/?rubric=516\&sphrase_id=36796#file100297 (date of access: 11/22/2021).
13. Tselovalnikova I. Yu. Legal regulation of investment activities. – M.: Law Institute of MIIT, 2013. – 166 p.
14. Gruzdev VV The structure of subjective civil rights and civil obligations // Actual problems of Russian law. – 2018. – No. 5. – P. 95-104.
15. Gruzdev VV Civil law universal imperative // Notary. – 2019. – No. 2. – P. 14-16.
16. Ibrahimova AI The concept and protection of personal or personal spiritual, moral and intellectual rights, and civil liability for their violation // Russian justice. – 2020. – No. 8. – P. 13-16.
17. Lapteva A. M. Investment law. – M .: Yurait Publishing House, 2020. – 535 p.
18. Bolenchuk M. B. Improving the mechanism for the development of the investment climate in Russia // Innovations and investments. – 2021. – No. 6. – P. 184-187.
19. Gerasimov K. B. Investments in innovations of social and technological enterprises. Bulletin of the University. – 2021. – No. 5. – P. 153-161.
20. Shchepetova S. E., Trukhinova O. L. Organization of interaction of participants in the investment process on the basis of a systematic justification of a multi-criteria choice // MIR (Modernization. Innovations. Development). – 2021. – No. 2. – P. 114-127.
21. Raikher V.K. Socio-historical types of insurance. – M.-L.: Publishing house of the Academy of Sciences of the USSR, 1947. – 282 p.
22. Popov E. V. International legal aspects of investment protection and resolution of investment disputes. – M.: Lawyer, 2011. – 208 p.
23. Parra A. R. Principles Governing Foreign Investment as Reflected in National Investment Codes // Foreign Investment Law Journal. ICSID Review. – 1992. – Volume 7. No. 2. – P. 428-434.
CIVIL LAW
Berman Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON THE DIGITALIZATION OF COURT PROCEEDINGS IN RUSSIA AND ABROAD
The article discusses the impact of advances in science in the field of artificial intelligence on the consideration and resolution of judicial disputes in various jurisdictions. The question about positive or negative effect from introduction of developments in the given sphere causes long and fierce discussions among legal scholars, as along with increase in speed and quantity of cases considered there are questions about consequences of mistakes or insufficient qualification of computer and moral component of inanimate administration of justice.
Keywords: artificial intelligence, litigation, court judgment, judge, digitalization, computer.
Work bibliographic list
1. Adams D. The Hitchhiker’s Guide to the Galaxy. – M.: AST, 2021. – 640 p.
2. Duflo A. Artificial intelligence in French law // Bulletin of the O. E. Kutafin University. – 2021. – No. 1. – P. 47-55.
3. Miftakhova R. G., Morozkina E. A. Machine translation. Neurotranslation // Bulletin of the Bashkir University. – 2019. – T. 24 – No. 2. – S. 497-502.
4. Frolova E. E. New categories as objective reasons for the appearance of gaps in Russian law and the law of foreign countries (on the example of “green” economy and “green” finance) // Gaps in law in the context of digitalization. Collection of scientific papers. – M.: Infotropic Media LLC, 2022. – P. 139-152.
5. Ermakova E. P., Frolova E. E. Using artificial intelligence in dispute resolution // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 131-142.
6. Rusakova E. P., Frolova E. E. Procedural standards for civil proceedings in China’s internet courts // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 187-192.
7. Ulam, Stanislaw. Tribute to John von Neumann // Bulletin of the American Mathematical Society. – 1958. – Vol. 64. – No. 3. – Part 2. – P. 1-49.
CIVIL LAW
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
THE IMPACT OF DIGITAL TECHNOLOGY ON DECISION MAKING IN CIVIL PROCESS
The development of information technologies inevitably leads to their introduction into all spheres of society, including the judicial system of the Russian Federation, which, of course, increases the level of citizens’ access to justice, improves its quality and at the same time reduces the time for considering cases in court.
To date, information technology is widely used by courts in aspects of many of activities, including for the implementation of procedural actions by the court and participants in the process. Moreover, every day technologies and information systems become an integral part of the judicial process – the environment for the participants in the proceedings.
This work is intended to assess the factors that take place when the courts use the possibility of holding a court session through the use of a web conference and potentially influencing decision-making in the civil process, as well as the admissibility of their existence and compliance with the basic principles of justice.
Keywords: digital transformation, digitalization, law, technologies, digital technologies, inner conviction, judicial discretion.
Work bibliographic list
1. Bazyma B. A. Psychology of color: theory and practice [monograph]. – St. Petersburg, Rech, 2007. – 204 p.
2. Burdina E. V. Electronic justice: monograph / Ed. E. V. Burdina; S. V. Zueva. – M., RGUP, 2021. – 344 p.
3. Vlasova G. B., Khaninova B. L. Psychological aspects of the rules of conduct in professional judicial activity // Eurasian Scientific Journal. – 2016. – No. 6. – S. 201-204.
4. Strogovich M. S. The course of the Soviet criminal process. – M., 1968. – T. 1. – 470 p.
5. Tikhiy A. V. Judicial discretion as the basis for the formation of internal conviction // Vestnik SGUA. – 2019. – No. 6 (131). – S. 218-225.
6. Chaldini R. Psychology of influence. 5th ed., revised. and additional – St. Petersburg, 2020. – 480 p.
7. Kendon A. Some functions of gaze direction in social interaction // Acta Psychologica. – 1967. – No. 26 (1). – P. 22-63.
8. Oppenheimer, Daniel M. and Meyvis, Tom and Davidenko, Nicolas. Instructional Manipulation Checks: Detecting Satisficing to Increase Statistical Power // Journal of Experimental Social Psychology. – 2009. – Vol. 45. – P. 867-872.
9. Sela, Ayelet. E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts // Journal of Dispute Resolution. – 2019. – P. 127-163.
CIVIL LAW
PROSKURINA Darya Sergeevna
magister student of the Institute of Law of the Peoples’ Friendship University of Russia
PROBLEMS AND PROSPECTS FOR THE USE OF ELECTRONIC (DIGITAL) EVIDENCE IN СASES ON THE PROTECTION OF EXCLUSIVE RIGHTS TO INTELLECTUAL PROPERTY OBJECTS
In the era of comprehensive digital changes, electronic evidence is becoming an integral part of arbitration proceedings, often acting as the only possible means of proof. The practice of considering electronic evidence in Russia is a chaotic mass of discussions and decisions of law enforcement agencies, which are largely contradictory. To create a model of arbitration proceedings that will meet the existing realities of a transforming society, it is necessary to conduct a study of the practice of considering electronic evidence by judicial authorities in order to disclose their legal nature, identify their relationship with related legal categories , establish the main types, as well as formulate proposals aimed at improving current procedural law.
Keywords: electronic evidence, arbitration proceedings, archival copies, electronic correspondence, screenshot, admissibility, reliability, intellectual property.
Work bibliographic list
1. Artebyakina N.A. The protocol of the notary’s inspection of the Internet page as a means of providing evidence in civil proceedings // Bulletin of the civil process. – 2019. – No. 1. – P. 278.
2. Bonner A.T. Traditional and non-traditional means of proof in civil and arbitration proceedings. monograph. – M., 2015. – S. 479.
3. Boriskina N. I. Procedural form of evidence in modern civil proceedings: Dis. … Candidate of Legal Sciences: – M .: 12.00.15, Moscow State University named after M.V. Lomonosov, 2020. – P. 60.
4. Vershinin A. P. Electronic document: legal form and evidence in court. – M.: Gorodets, 2000. – S. 106.
5. Reshetnikova I.V., Semenova A.V., Tsaregorodtseva E.A. ed. I. V. Reshetnikova. – M.: Norma, 2006. – S. 130.
6. Kupchina E. V. Legal regulation of the provision of digital evidence in international commercial arbitration // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2021. – T. 16. – No. 3. – P. 89.
7. Molchanov VV Evidence and evidence // Arbitration process: Textbook. Ed. M. K. Treushnikova. – M., 1997. – S.155-156.
8. Nakhova E. A. Problems of application of electronic evidence in the civil process and administrative proceedings // Law. – 2018. – No. 4. – P. 85.
9. Savelyev A. I. E-commerce in Russia and abroad: legal regulation. 2nd ed. – M.: Statute, 2016. – S. 293.
10.St. Claire v. Johnny’s Oyster & Shrimp Inc. United States District Court, S.D. – Texas, Galveston Division. December 17, 1999
CIVIL LAW
ARGASHOKOV Ruslan Yurjevich
postgraduate student of the Institute of Public Administration and Management of the RANEPA under the President of the Russian Federation
CIVIL LAW MEANS OF ENSURING THE SECURITY OF ECONOMIC ENTITIES
Civil legislation presupposes the creation of conditions that ensure the achievement of the goals of entrepreneurial activity by regulating the relevant legal institutions. The article deals with individual civil law means of ensuring the security of economic entities, as well as issues of their correlation and functional purpose. Special attention is paid to the freedom of contract, ways to ensure the fulfillment of obligations, liability for breach of obligations.
Keywords: security, entrepreneurial activity, civil law means, freedom of contract, enforcement of obligations.
Work bibliographic list
1. Damaskin O. V. Legal security of economic entities // Modern law. – 2019. – No. 5. – S. 20-29.
2. Chegovadze L. A. Contract as a basis for civil law regulation // Power of Law. – 2015. – N 4.
3. Andreev Yu. N. Agreement in the civil law of Russia: a comparative legal study: Monograph. – M.: INFRA-M, 2017.
4. Rogova Yu. V. Dogovor as a means of ensuring the stability of civil circulation. – M.: Statute, 2015.
5. Karapetov A. G., Saveliev A. I. Freedom of contract and its limits: In 2 vols. T. 2: Limits of freedom to determine the terms of a contract in foreign and Russian law. – M.: Statute, 2012.
6. Strigunova D. P. The principle of freedom of contract: Russian and foreign experience // Civil law.
– 2018. – No. 3. – P. 10-13.
7. Sapun V. A. Theory of legal means and the mechanism for the implementation of law: dis. Dr. jurid. Sciences. – N. Nov-
city, 2002.
8. Karapetov A. G. Penalty as a means of protecting the creditor’s rights in Russian and foreign law.
– M.: Statute, 2005.
9. Torkin D. A. Unnamed ways to ensure obligations: Dis. cand. legal Sciences. – Tyumen,
2005.
CIVIL LAW
DROBYSHEVA Aleksandra Valerjevna
postgraduate student of the Institute of Public Service and Management of the RANEPA under the President of the Russian Federation
THE MECHANISM FOR IMPLEMENTING THE NATIONAL CODE OF ETHICS FOR ARTIFICIAL INTELLIGENCE: BRIEFLY ABOUT THE MAIN THING OR A YEAR LATER
Artificial intelligence (hereinafter referred to as AI) is one of the most important elements of the beginning of the fourth industrial revolution. Its rapid development and spreading use in practice certainly requires “legal cutting”. However, the introduction of strict rules and regulations may put a dampening pressure on the development of AI technologies. Among the main solutions may be the norms of soft law (soft law), which, as a rule, are expressed in the creation of “regulatory sandboxes”, the establishment of procedures for simplified testing of new technologies, as well as in the adoption of ethical principles. In this article, the author discusses how necessary a code of ethics is as a form of regulation of relations that are emerging in the era of digitalization, and also considers the experience of foreign countries in establishing an ethical “framework” for AI. The author’s work is based on an analysis of the positive and negative features of the national code of ethics for AI, signed on 10.26.2021.
Keywords: ethics, artificial intelligence, technology, digitalization, ethical standards, standard of conduct, legal regulation.
Work bibliographic list
1. Mazhey Ya. V., Svishchev A. V. Ethics of artificial intelligence // E-Scio. – 2020. – No. 11 (62). – S. 460-468.
2. Main trends in the development of the digital economy in the financial sector. Legal aspects of regulation and practical application. – M.: Publication of the State Duma, 2019. – 161 p.
3. Popova A. V. “Ethical principles of interaction with artificial intelligence as the basis of legal regulation” // Legal state: theory and practice. – 2020. – No. 3 (61). – P. 34-43.
4. Ethics and digital: from problems to solutions // Ed. Potapova E. G., Shklyaruk M. S. – M.: RANEPA, 2021. – 184 p.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 1st course of the Institute of Law of the Tomsk State University
INVALIDITY OF A TRANSACTION MADE FOR A PURPOSE CONTRARY TO THE RULE OF LAW OR MORALITY
Since the appearance of Article 169 of the Civil Code, it has in fact been blocked for many years due to the fact that the consequences of invalidating an anti-social transaction included the seizure of everything received or read into the possession of the state. This deprive Article 169 of the Civil Code of the Russian Federation of the development that law enforcement might have caused. In 2013, the rule of Article 169 of the Civil Code was amended and there was a need for doctrinal development and judicial clarification of the rule of Article 169 of the Civil Code in order to bring it into active use. In this connection, the question of the relevance of transactions made for purposes contrary to the rule of law or morality is relevant, since domestic law has not yet come to a definitive and unified approach to the understanding of such transactions, and judicial explanations partly repeat outdated provisions which cannot currently be applied to the rule of Article 169 of the Civil Code.
Keywords: antisocial transaction, invalid transaction, morality and the rule of law.
Work bibliographic list
1. Belov V. A. Civil law. T. 2. General part. Book 2. Facts: A textbook for academic undergraduate and graduate studies. – M.: Yurayt, 2016.
2. Gongalo B. M. Categories of science of civil law. Vol. 1 / Introductory article by O. A. Krasavchikov. – M.: Statute, 2005.
3. Russian civil law: Textbook. T. 1. General part. Property law. Inheritance law. Intellectual rights. Personal non-property rights / Otv. ed. E. A. Sukhanov. – M.: Statute, 2011.
4. Transactions, representation, limitation period: article-by-article commentary on articles 153–208 of the Civil Code of the Russian Federation / Responsible. ed. A. G. Karapetov. – M.: M-Logos, 2018.
5. Enneccerus L. The course of German civil law. T. 1. Paul. T. 2. Introduction and general part / Per. I. B. Novitsky, G. N. Polyansky, V. A. Altshuler. – M .: Publishing house of foreign literature, 1950.
CIVIL LAW
TELIBEKOVA Damira Bakytbekovna
postgraduate student of the Faculty of Law of the Financial University under the Government of the Russian Federation
ON THE CONVERTIBLE LOAN AGREEMENT IN THE RUSSIAN CIVIL DOCTRINE
The article examines the historical prerequisites for the formation of the institution of the convertible loan agreement, originating from the loan agreement. In this connection, there was a need to study the development of the legal doctrine of the loan agreement. The author has studied the history of legal thought since ancient times, scientific views on the loan agreement, as well as the formation of its legal regulation. The article presents the development of legal regulation of legal relations arising at the conclusion of a convertible loan agreement. The author relied on the works of Russian and modern Russian civilists, as well as on the norms of civil legislation.
Keywords: loan institution, convertible loan agreement, loan agreement, agreement, lender, borrower.
Work bibliographic list
1. Zagorovsky A. I. Historical sketch of the loan under Russian law until the end of the XIII century. – Kyiv, 1875. – 316 p.
2. Meyer D.I. Russian civil law: in 2 hours, 8th ed. correct and additional 1902. Part 2. – M., 1997. – 435 p.
3. Novitsky I. B. Roman law: a textbook for secondary vocational education. – Moscow: Yurayt Publishing House, 2022. – 298 p.
4. Tyutryumov I. M. Civil laws with clarifications from the Governing Senate and comments by Russian lawyers. Book 2. – M .: Statute, 2004.
5. Shershenevich G. F. Favorites. T. 5: Textbook of Russian civil law / Entry. word, comp.: P. V. Krasheninnikov. – M.: Statute, 2017.
6. Karapetov A. G., Saveliev A. I. Freedom of contract and its limits. – M., 2012. V. 2: Limits of freedom to determine the terms of the contract in foreign and Russian law. – S. 79.
7. Klyuchevsky V. O. Russian history. Full course of lectures in 3 books. Book one. – M.: Thought, 1995. – S. 427.
8. Rovny VV, Haskelberg BL Consensual and real contracts in civil law. 2nd ed. – M.: Statute, 2004. – 124 p.
9. Arslanov K. M. On the bilaterally binding nature of the loan agreement. scientific-practical. conf. – Perm, 2016. – P. 87.
10. Vishnevsky P. N. Legal regulation of an international loan agreement: author. dis. … cand. legal Sciences: 12.00.03. – M., 2015. – S. 12-13.
11. Code of Laws of the Russian Empire. Sobr. first. – St. Petersburg, 1832. – T. 10. Part 1.
12. Civil code. Book five. Commitments. Draft Highest Established Editorial Commission for the preparation of the Civil Code. Vol. 2 with explanations.
13. Shershenevich G. F. Textbook of Russian civil law. – M .: Publishing house “Spark”, 1995. – S. 319.
14. Civil Code of the RSFSR 1922 – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901808921.
15. Vavin N. G. Loan agreement under the Civil Code: a dogmatic essay with the application of relevant legislative material. – M., 1923. – S. 3.
16. Civil Code of the RSFSR (approved by the Supreme Council of the RSFSR on 06/11/1964) (as amended on 11/26/2001).
17. Civil Code of the Russian Federation. November 30, 1994 No. 51-FZ.
18. Federal Law of July 2, 2021 No. 354-F3 “On Amendments to Certain Legislative Acts of the Russian Federation” // SPS “ConsultantPlus”.
19. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University. – 2021. – No. 11 (87).
20. Porsyurov E. A., Tatarinova E. P. Convertible loan agreement: advantages and disadvantages // Property relations in the Russian Federation. – 2020. – No. 2 (221). – S. 86-91.
21. Bogdanov A. V. Legal regulation of a convertible loan agreement in corporate relations // Ex Jure. – 2022. – No. 2. – S. 64-75.
22. Tyakhti V. E. Convertible loan agreement and its relationship with financial transactions // Issues of Russian justice. – 2021. – No. 16.
23. Solovieva E. N. Convertible loan agreement in notarial practice: problems and prospects // Legal science. – 2021. – No. 11.
CIVIL PROCESS
ISAEV Gadzhiyusup Ullubievich
magister student of Civil process sub-faculty of the Institute of Law of the Dagestan State University
MAGOMEDOVA Karina Kamiljevna
Ph.D. in Law, associate professor of Civil process sub-faculty of the Institute of Law of the Dagestan State University
SOME ISSUES OF DETERMINING THE JURISDICTION OF INDIVIDUAL LABOR DISPUTES
This article presents an analysis of the problems arising in determining the jurisdiction of individual labor disputes. As a result of the analysis of the norms of civil and arbitration procedural law, as well as law enforcement practice, the authors came to the conclusion that there are conflicts in the current legislation that have a negative impact on the state of guarantee and protection of the rights of the weakest side of labor disputes – employees.
Keywords: civil procedure, arbitration process, individual labor dispute, jurisdiction, conflicts.
Work bibliographic list
1. Pirozhkova I. G., Popov A. M. Modern and historical quasi-judicialth institutions in the system of judicial jurisdictions // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (52). – S. 18-19.
2. Osipov Yu. K. Jurisdiction of legal affairs // Russian yearbook of civil and arbitration proceedings. 2004. – St. Petersburg: Ed. House St. Petersburg. state un-ta, 2005, No. 3. – S. 721.
3. Nuyazin A. N. Jurisdiction of the Constitutional Court of the Russian Federation: concept, structure, content: author. dis. … cand. legal sciences; Kazan. state un-t im. V. I. Ulyanov-Lenin. – Kazan, 2004. – P. 12.
4. Treushnikov M. K. Civil process: a textbook for universities. 5th ed. – M.: Statut, 2014. – P. 85.
5. Gavrilov D. A., Petukhov S. V. Modernization of institutions of jurisdiction and jurisdiction in civil and arbitration proceedings // State and Law: Materials of the 56th International Scientific Student Conference, 2018. – P. 296.
6. Rick O. E. Correlation between the concepts of “jurisdiction”, “jurisdiction”, “competence” of courts: legislative novelties // Actual issues of the judiciary and reforming procedural legislation. – 2019. – P. 65.
7. Alieva Z. Z., Gadzhialieva N. Sh. Novelization of the institution of jurisdiction in civil proceedings // Public service and personnel. – 2020. – No. 5. – P. 70.
8. Gadzhialieva N. Sh. Expansion of the rules of jurisdiction in civil proceedings // Bulletin of the Dagestan State University. – 2020. – No. 4. – P. 105.
9. Vashechkina A. V. On certain issues of jurisdiction and jurisdiction of cases arising from individual labor disputes // In the collection: Problems of legal proceedings in cases arising from civil and administrative legal relations. Collection of articles based on the materials of the international scientific-practical conference. – 2017. – S. 120-126.
10. Ovchenkova M. K. Some issues related to the determination of the jurisdiction of individual labor disputes // Issues of Russian justice. – 2020. – No. 6. – P. 560-576.
BUSINESS LAW
CHUBAROVA Anna Sergeevna
postgraduate student of Legal support of economic activity sub-faculty of the Samara State Economic University
THE LEGAL NATURE AND MAIN TYPES OF BUSINESS CONTRACTS
The article analyzes the legal nature of business contracts in the domestic legislation. The prerequisites for the development and formation of the structure of business contracts are considered. Various approaches to defining the essence of business contracts and determining their place in the system of civil law contracts in the Russian legal system are investigated. The solutions necessary for the formation of the main provisions relating to the state regulation of business contracts are proposed.
Keywords: entrepreneurial contracts, contractual relations, entrepreneurial obligations, special legal regulation.
Work bibliographic list
1. Belykh V. S., Zvezdina T. M. The concept of small and medium-sized businesses in the science of business law // Entrepreneurial Law. – 2020. – No. 2. – C. 6-8.
2. Zankovsky S. S. Entrepreneurial contracts: concept and problems // Economics. Right. Society. – 2019. – No. 3 (7). – S. 65-70.
3. Ilyushina MN The concept, signs and place of business contracts in the system of civil law contracts // Laws of Russia: experience, analysis, practice. – 2019. – No. 1. – P. 4-9.
4. Filippova O. A. The concept of an entrepreneurial contract // Young scientist. – 2020. – No. 5 (295). – S. 236-238.
5. Yakovlev VF The concept of a business contract in Russian law // Journal of Russian law. – 2019. – No. 1 (133). – P. 5-8.
FINANCIAL RIGHT
KOLOVAYLO Svetlana Aleksandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KRAVCHENKO Natalya Alexandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
STATE FINANCIAL CONTROL IN THE CONTEXT OF DIGITAL TRANSFORMATION
The current stage of development of public relations is characterized by the active introduction of digital technologies in all spheres of public life, which will predetermine the need to improve the mechanism of state financial control, which will reduce the administrative burden on business entities, improve the quality of public services provided to citizens and business entities and the collection of revenues to budgets of all levels, ensure transparency of the budget process, as well as spending budget funds, etc. In the article, based on the analysis of the legal regulation of the implementation of state financial control in Russia in the context of digital transformation, some proposals are formulated to improve the current legislation, as well as to increase its effectiveness and efficiency.
Keywords: state financial control, digital transformation, tax control, procurement control, information systems, electronic budget.
Work bibliographic list
1. Ablyakimova E.E., Bondarchuk I.V., Buts S.B. [and etc.]. Actual problems of administrative law. – Simferopol: Limited Liability Company “Publishing House Typography “Arial”, 2022. – 267 p.
2. Anisimov A.L. Informatization of activities in the field of financial control: a course of lectures; Ministry of Science and Higher. education Ros. Federation, Ural. state economy un-t. – Yekaterinburg: Ural Publishing House. state economy un-ta, 2020.
3. Zapolsky S.V. On the legal nature of financial control // Financial control in the field of public and private finance: Proceedings of the International Scientific and Practical Conference. Moscow, November 25, 2016 / Ed. I.A. Tsindeliani. – M.: RGUP, 2017.
4. Ovcharova E.V. Ways to ensure the effectiveness of administrative coercion in the mechanism of legal regulation of taxation and fees // Administrative law and process. – 2019. – No. 12. – S. 19-28.
5. Tsindeliani I.A. Improving tax control in the context of digitalization // Law enforcement / I.A. Tsindeliani, T.A. Guseva, A.V. Izotov. – 2022. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-nalogovogo-kontrolya-v-usloviyah-tsifrovizatsii (date of access: 09/26/2022).
FINANCIAL RIGHT
KRAVCHENKO Natalya Alexandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
VLASENKO Valentina Sergeevna
magister student of the Crimean branch of the Russian State University of Justice
PROBLEMS OF APPLICATION OF THE LIMITS OF TAX BENEFIT UNDER ARTICLE 54.1 OF THE TAX CODE OF THE RUSSIAN FEDERATION
The article analyzes the provisions of Article 54.1 of the Tax Code of the Russian Federation in terms of the effectiveness of its application and the legal justification for its implementation in the practice of tax control. The features of the legal liability of taxpayers in the course of their economic activity, which can be considered as obtaining unreasonable benefits and tax optimization, are determined. Based on the analysis of judicial practice, the authors come to the conclusion that in cases of revealing the facts of obtaining unjustified benefits, the tax authorities are far from always able to provide sufficient evidence of the receipt of unjustified benefits by the taxpayer. The authors propose to fix in Art. 54.1 of the Tax Code of the Russian Federation, the criteria for recognizing a taxpayer as bona fide by determining the conditions for recognizing a tax benefit as unreasonable.
Keywords: unjustified tax benefit, tax liability, tax control, liability for tax offenses.
Work bibliographic list
1. Ablyakimova E. E., Bondarchuk I. V., Buts S. B. [et al.]. Actual problems of administrative law. – Simferopol: Limited Liability Company “Publishing house Typography “Arial”, 2022. – P. 278-285.
2. Sibiryakov S. V. Analysis of the tax burden of an organization with the aim of optimizing it // Kaluga Economic Bulletin. – 2019. – No. 4. – P. 37-42.
FINANCIAL RIGHT
TREGUBOVA Ekaterina Anatoljevna
lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
POPOVA Liliya Nailovna
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
COMPENSATION OF LOSSES ON THE EXAMINATION BY THE INSTITUTIONS OF THE CRIMINAL ENFORCEMENT SYSTEM
The article considers the issue of the need to pay for an examination to prove the delivered low-quality goods by the rear service of the penal enforcement system. As a result of the court’s satisfaction of the claim, the amount spent is transferred by the Treasury of the Russian Federation to the federal budget. The article analyzes the current practical situation of payment for the examination and possible ways of resolution, starting from treasury support and the need to make amendments to the legislation.
Keywords: examination production, expenses, reimbursement of expenses of the Federal Penitentiary Service of Russia, restoration of the cash register, low-quality goods, payment for examination production, state contract.
Work bibliographic list
1. Decree of the Plenum of the Supreme Court of the Russian Federation No. 13 dated May 28, 2019 On some issues of the application by the courts of the norms of the Budget Code of the Russian Federation related to the execution of judicial acts on foreclosure of funds from the budgets of the budget system of the Russian Federation. [Electronic resource]. – Access mode: SPS “Garant” (date of access: 20.04.2022).
2. Federal Law “On State and Municipal Unitary Enterprises” dated November 14, 2002 No. 161-FZ (last edition). [Electronic resource]. – Access mode: SPS “Garant” (date of access: 20.04.2022).
TAX LAW
BEREZINA Yaroslava Igorevna
cadet of the 4th course of the Faculty of Law of the Samara Law Institute of the FPS of Russia
UNTEROV Vladimir Anatoljevich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
LUXURY TAX: SOME ASPECTS OF FOREIGN EXPERIENCE AND OPPORTUNITIES APPLICATIONS IN RUSSIA
The article discusses the problems arising during the introduction of the luxury tax in Russia. The analysis of foreign and domestic experience of luxury taxation is carried out, as well as measures are proposed to eliminate shortcomings in the current legislation and increase the level of social security in the Russian Federation.
Keywords: luxury tax, transport tax, social security.
Work bibliographic list
1. Taxes in Norway / Site about Norway. [Electronic resource]. – Access mode: http://www.pronorge.com/node/27 (date of access: 09/13/2022).
2. Site of distance education – MOODLE KNRTU (KHTI). [Electronic resource]. – Access mode: https://moodle.kstu.ru/mod/book/view.php?id=102350 (date of access: 09/13/2022).
3. “Tax Code of the Russian Federation” (part one) dated July 31, 1998 No. 146-FZ – The official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru/ (date of access: 09/13/2022).
4. Official website of the Federal Tax Service. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn17/news/activities_fts/8880829/ (date of access: 09/13/2022).
TAX LAW
IZVEKOV Stanislav Sergeevich
Ph.D. in Law, associated professor of Financial law sub-faculty of the V. F. Yakovlev Ural State Law University
PROSPECTS FOR THE FULFILLMENT OF CURRENT TAX OBLIGATIONS IN BANKRUPTCY
This article discusses topical issues of payment by organizations (recognized as bankrupt) of current VAT and corporate income tax. The paper analyzes the practice of applying tax legislation to organizations (recognized as bankrupt). The author demonstrates that the current regulatory exclusion of sales transactions from the object of VAT taxation in bankruptcy procedures has led to the formation of a new practice of submitting VAT claims to bankrupt organizations. The articles considers an example of granting priority for current VAT payments even in comparison with the requirements of collateral creditors.
Keywords: the value added tax (VAT), corporate income tax, bankruptcy.
Work bibliographic list
1. Tax Code of the Russian Federation (Part One)” of July 31, 1998 No. 146-FZ.
2. Tax Code of the Russian Federation (part two) dated 05.08.2000 No. 117-FZ // SZ RF. – 08/07/2000. – No. 32. – Art. 3340.
3. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on March 9, 2021) // SZ RF. – 05.12.1994. – No. 32. – Art. 3301.
4. On insolvency (bankruptcy): Federal Law of October 26, 2002 No. 127-FZ (as amended on December 30, 2020) // SZ RF. – 28.10.2002. – No. 43. – Art. 4190.
5. Federal Law No. 320-FZ of October 15, 2020 “On Amendments to Article 146 of Part Two of the Tax Code of the Russian Federation and Article 2 of the Federal Law “On Amendments to Part Two of the Tax Code of the Russian Federation” // Official Internet Portal of Legal Information . [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 10/15/2020.
6. Decree of the Constitutional Court of the Russian Federation dated December 19, 2019 No. 41-P “On the case of checking the constitutionality of subparagraph 15 of paragraph 2 of Article 146 of the Tax Code of the Russian Federation in connection with the request of the Arbitration Court of the Central District”;
7. Ruling of the Supreme Court of the Russian Federation No. 303-ES19-10320(2.4) dated February 11, 2020 in case No. A51-17152/2017// The document was not published. SPS ConsultantPlus, 2022.
8. Ruling of the Supreme Court of the Russian Federation of January 21, 2019 No. 306-ES18-18388 in case No. A55-5737/2016// The document was not published. SPS ConsultantPlus, 2022.
9. Determination of the Supreme Court of the Russian Federation of November 22, 2021 No. 305-ES21-20475 in case No. A40-143252/2020 // The document was not published. SPS ConsultantPlus, 2022.
10. Ruling of the Supreme Court of the Russian Federation of June 9, 2022 No. 307-ES17-5078(12) in case No. A05-3604/2014 // The document was not published. SPS ConsultantPlus, 2022.
11. Ruling of the Supreme Court of the Russian Federation dated July 25, 2022 No. 306-ES22-11564 in case No. A12-38833/2018 // The document was not published. SPS ConsultantPlus, 2022.
12. Letter of the Ministry of Finance of Russia dated June 5, 2018 No. 03-07-11/38251 // The document was not published. SPS ConsultantPlus, 2022.
13. Letter of the Ministry of Finance of Russia dated April 29, 2022 No. 03-07-11/40611// The document was not published. SPS ConsultantPlus, 2022.
14. Letter of the Ministry of Finance of Russia dated March 4, 2022 No. 03-07-11/15694// The document was not published. SPS ConsultantPlus, 2022.
15. Letter of the Ministry of Finance of Russia dated March 16, 2021 No. 03-07-11/18337 // The document was not published. SPS ConsultantPlus, 2022.
16. Letter of the Ministry of Finance of Russia dated October 31, 2016 No. 03-07-14/63453 // The document was not published. SPS ConsultantPlus, 2022.
17. Letter of the Ministry of Finance of Russia dated June 20, 2018 No. 03-07-11/42118 // The document was not published. SPS ConsultantPlus, 2022.
18. Letter of the Ministry of Finance of Russia dated December 21, 2017 No. 03-07-11/85421 // The document was not published. SPS ConsultantPlus, 2022.
19. Letter of the Ministry of Finance of Russia dated November 13, 2019 No. 03-11-11/87539 // The document was not published. SPS ConsultantPlus, 2022.
20. Letter of the Ministry of Finance of Russia dated July 19, 2022 No. 03-03-06/1/69565 // The document was not published. SPS ConsultantPlus, 2022.
21. Letter of the Federal Tax Service of Russia dated June 17, 2021 No. SD-4-3/8474@ // The document was not published. SPS ConsultantPlus, 2022.
22. Letter of the Federal Tax Service of Russia dated November 8, 2016 No. SD-4-3/21121@ // The document was not published. SPS ConsultantPlus, 2022.
23. Order of the Ministry of Finance of the Russian Federation dated May 20, 2003 No. 44n “On Approval of Guidelines for the Formation of Accounting Statements in the Reorganization of Organizations” // Bulletin of Normative Acts of Federal Executive Authorities. – 2003. – No. 40.
24. Veselov A. V. Comment to the Letter of the Ministry of Finance of the Russian Federation dated March 4, 2022 No. 03-07-11 / 15694 [On the restoration of VAT by a bankrupt] // Normative acts for an accountant. – 2022. – No. 8. – S. 19-20.
25. Izvekov S. S. On the recognition of operations for the performance of work and the provision of services in the event of bankruptcy of a taxpayer as an object of VAT taxation // Taxes and Taxation. – 2017. – No. 8. – P.15-26.
26. Izvekov S. S. Novels of legislation and judicial practice on the fulfillment of current tax obligations in case of bankruptcy // Eurasian Law Journal. – 2021. – No. 5 (156). pp.271-274. DOI 10.46320/2073-4506-2021-5-156-271-274.
27. Lugovaya N. N. “Bankrupt” VAT: a review of letters from the Ministry of Finance // VAT: problems and solutions. – 2021. – No. 6. – P. 30-33.
28. Commentary by Kirill Nogotkov, Chairman of the Council of the AAU “Sirius”. [Electronic resource]. – Access mode: https://probankrotstvo.ru/news/minfin-obiazal-bankrotov-platit-nalog-na-pribyl-so-spisannyx-dolgov-554) (date of access: 10/29/2022).
29. Message on the Fedresurs information portal 10/21/2022 // “German Gref proposes to limit the treasury’s appetite for bankruptcies of legal entities by removing the sale of assets from income tax.” [Electronic resource]. – Access mode: https://fedresurs.ru/news/d4e387d6-1708-4201-9ac5-d7ec71880e69) (date of access: 10/29/2022).
30. Resolution of the Arbitration Court of the North-Western District dated November 1, 2021 No. F07-11445/2021 in case No. A05-3604/2014 // The document was not published. SPS ConsultantPlus, 2022.
31. Resolution of the Arbitration Court of the Moscow District dated September 27, 2021 No. F05-4064/2018 in case No. A40-157934/2016 // The document was not published. SPS ConsultantPlus, 2022.
32. Resolution of the Arbitration Court of the Far Eastern District dated October 21, 2019 No. F03-4401/2019 in case No. A51-17152/2017 // The document was not published. SPS ConsultantPlus, 2022.
BUDGET LAW
POLYAKOVA Svetlana Andreevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
ON PART IV OF THE BUDGET CODE OF THE RUSSIAN FEDERATION: SOME ASPECTS
The article is dedicated to the study of the Institute of Budgetary Violations. In it, the author, analyzing the norms of part IV of the Budget Code of the Russian Federation, comes to the conclusion that it is somewhat imperfect in terms of the subjects of budgetary violations, the composition of budgetary violations, as well as budgetary coercive measures used for their commission.
The author formulates proposals aimed at improving the current budget legislation of the Russian Federation, the adoption of which will contribute to its more effective use in the practical activities of bodies authorized to consider cases of budgetary violations.
Keywords: budget violation, Budget Code of the Russian Federation, budgetary coercion measures, law enforcement, subjects of budget violations, legislator, participants in the budget process, law, part, article, norm.
Work bibliographic list
1. Polyakova S. A. Financial and legal responsibility for violation of the budget legislation of the Russian Federation: monograph. – Khabarovsk: RIO FYUI of the Ministry of Internal Affairs of Russia, 2022.
ENVIRONMENTAL LAW
ABRAVITOVA Yuliya Igorevna
Ph.D. in Law, associate professor of the S. O. Makarov State University of Marine and River Fleet
LIPSKIY Nikolay Alekseevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg University
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg University
ENVIRONMENTAL EXPERTISE IN THE SYSTEM OF ENVIRONMENTAL SAFETY MEASURES
The article considers the Institute of Ecological Expertise. It is noted that the environmental legislation has a presumption of potential environmental hazard of the planned economic activity, and the “acceptability” of the hazard for society is established through the environmental review procedure. The goals and process of ecological expertise are considered, the problems of training environmental experts are briefly analyzed. The authors believe that environmental expertise is a basic preventive measure in the system of measures to ensure environmental safety. The education and training of environmental experts involves broad interdisciplinary knowledge and an emphasis on the practical component of education.
Keywords: environment, environmental assessment, environmental expert, environmental safety, environmental responsibility, environmentally sustainable development, social
Work bibliographic list
1. Burmatova O. P. Ecological expertise: opportunities, problems, solutions // Bulletin of NSUEU. – 2020. – No. 2. – S. 25-41. – DOI: 10.34020/2073-6495-2020-2-025-041.
2. Komogortseva A. V. Ecological expertise as a tool for ensuring environmental safety // Epomen. – 2021. – No. 65. – P. 159-164.
3. Kotilko V.V. Russia’s Ecological Security Strategy: Myths and Reality // Economic Consultant. – 2017. – No. 2 (18). – S. 31-36.
4. O. V. Kudryavtseva, S. N. Bobylev, and I. A. Grechukhina, Russlands Potenzial für eine ökologische Modernisierung, Russland-Analysen. – AUSGABE 344 (11/17/2017). – DOI: 10.31205/RA.344.01.
5. List of instructions following the meeting of the State Council on the issue of “On the environmental development of the Russian Federation in the interests of future generations” // President of Russia. – [Electronic resource]. – Access mode: Official site. http://kremlin.ru/acts/assignments/orders/53775.
6. Ronzhina N. A. Ecological security of the Eurasian region as a complex object of customs and legal protection // Eurasian legal journal. – 2021. – No. 3 (154). – S. 133-136.
7. Ronzhina N. A., Khairusov D. S., Shubnikov Yu. B. The mechanism for resolving legal conflicts in public international law on the protection of the ozone layer of the atmosphere // Leningrad Journal of Law. – 2019. – No. 3 (57). – S. 164-171.
8. Safronova E. V. Ecological expertise. Legal regulation of ecological expertise // Ural Journal of Legal Research. – 2021. – No. 4 (17). – S. 58-67. DOI 10.34076/2658_512X_2021_4_58.
9. Solovieva S. V. Evaluation of ecosystem services for natural heritage management // State control. Electronic Bulletin. – 2018. – No. 69. – P. 341-357. DOI:10.24411/2070-1381-2018-00070.
10. Khairusov D.S., Levintsa T.M. Methods of active learning in higher military school // Dragomir Educational Readings: Sat. scientific Art. Based on the materials of the II International Scientific and Practical Conference, Penza, November 28-29, 2019 / Managing editor I. I. Grachev. Penza: Penza State University, 2019. – P. 132-136.
11. Goals of sustainable development in the Russian Federation. 2020: Brief stat. Sat. / Rosstat. – M., 2020. – 79 p.
CRIMINAL LAW
ALYSHEV Sergey Sergeevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BASIC BANDIT PREVENTION MEASURES
The article is devoted to the issues of state measures to prevent one of the most serious crimes of “banditry”. An analysis of the determinants of banditry, as well as research conducted by specialists, allows us to predetermine a number of preventive measures against banditry in the general system of preventive measures of crime at the present stage. The author provides a system for combating organized armed criminal groups.
Keywords: gang, banditry, prevention, criminology, preventive measures.
Work bibliographic list
1. Aliyev Kh. O., Shakhbanova Kh. M. Criminological characteristics of banditry // Eurasian legal journal. – 2015. – No. 2. – P. 194.
2. Kobets P. N., Krasnova K. A. Banditry prevention: criminal law and criminological aspects, 2021. – P. 6.
CRIMINAL LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KIDNAPPING: DEFINITION OF THE OBJECTIVE SIDE OF THE CRIME
The article deals with the issue of determining the objective side of the composition of kidnapping. Its absence from the law is critically assessed. The author analyzes the legality of the legislator’s use of the concept of “embezzlement”, which is mainly used in the characterization of crimes against property. It is pointed out that the emphasis in the definition of the content of the concept of “kidnapping” developed by judicial and investigative practice, first of all, is on keeping the abducted person (or his goal) in a place that is not familiar to this person. It is in this that the existence of a convention in the use of the category “abduction” in relation to a living person is reflected. It is concluded that in the structure of the objective side of the composition of this criminal act, the defining and most significant moments are the seizure (capture) of the victim, his removal from his location and transportation (relocation), which aims to subsequently hold the captured person in another place.
Keywords: kidnapping, objective side, capture, displacement, retention.
Work bibliographic list
1. Taranenko V. V., Kharitonov S. S., Reshnyak M. G., Borisov S. V. Actual problems of improving criminal law measures to counteract kidnapping, illegal imprisonment, human trafficking and the use of slave labor // All-Russian Criminological magazine. – 2020. – No. 3. – P. 481-494.
2. Popov A. N. Murder under aggravating circumstances. – St. Petersburg: Legal Center Press, 2003. – 898 p.
3. Avdeeva E. V. Determinants of crimes against personal freedom in the Russian Federation // All-Russian criminological journal. – 2013. – No. 2. – P. 146-154.
4. Dal V. I. Explanatory Dictionary. T. 3. – M.: Progress, 1994. – 576 p.
5. Ozhegov S. I. Explanatory dictionary of the Russian language. – M.: Azbukovnik, 2010. – 848 p.
6. Garmyshev Ya. V. Legal characteristics of criminal violence in crimes against property // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1 (23). – P. 36–43.
CRIMINAL LAW
IVANTSOVA Natalya Vladimirovna
Ph.D. in Law, professor, professor of Criminal law and process sub-faculty of the Mari State University
REFLECTION OF ISSUES OF NON-EXECUTION OF PUNISHMENTS IN THE GENERAL AND SPECIAL PARTS OF CRIMINAL LAW
In the article, taking into account various debatable issues presented in the theory of criminal law, the issues of the influence of the provisions of the General Part of the Criminal Code of the Russian Federation on its Special Part in establishing the criminality and punishability of socially dangerous acts associated with non-execution of punishment are examined. The author reveals the criminal-legal nature of non-execution of certain types of punishments. The paper draws attention to the violation of the system construction of the General and Special parts of criminal law on the issue of non-execution of criminal penalties.
Keywords: punishability, malicious evasion, crime, non-fulfillment, restriction of freedom, imprisonment.
Work bibliographic list
1. Beetlein A. V. Substitution of punishment in the criminal law of Russia: author. dis. … cand. legal Sciences. – Samara, 2002. – 21 p.
2. Nurmiev M. M. Substitute punishments under Russian criminal law: author. dis. … cand. legal Sciences. – Kazan, 2005. – 23 p.
3. Stepashin V. M. Substitute punishment // Law enforcement. – 2017. – T. 1. – No. 2. – S. 184-190.
4. Tagantsev N. S. Russian criminal law. Lectures: General part. T. 1. – M.: Nauka, 1994. – 380 p.
CRIMINAL LAW
KNYAZEVA Natalya Anatoljevna
Ph.D. in Law, associate professor of the School of Law of the Far Eastern Federal University
ABOYAN Agavni Armenakovna
magister student of the School of Law of the Far Eastern Federal University
PARIN Dmitry Vitaljevich
magister student of the School of Law of the Far Eastern Federal University
THE UNRESOLVED PROBLEM OF COMPLICITY: FROM THE TWISTS OF JUDICIAL PRACTICE TO THE DEVELOPMENT OF A COMPROMISE
The article considers the possibility of bringing to criminal liability a person for committing a crime as part of a group of persons, if along with him only a person who is not subject to criminal liability due to age, insanity or other circumstances provided for by criminal law participated in the commission of the act. The authors examine the materials of judicial practice of both the Supreme Court of Russia and lower courts on the topic considered in this article, note the lack of a uniform approach that is constantly changing over time. As a result of the study, a compromise approach to solving the problem of complicity with an “unfit” subject is proposed.
Keywords: criminal law, complicity, group of persons, unfit subject, insanity, limits of criminal liability, legal positions of the Supreme Court.
Work bibliographic list
1. Belov M.N. Theoretical and practical issues of the concept of “complicity” in criminal law // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – 2018. – No. 1.
2. Blagov E.V. On the signs of complicity in a crime // Actual issues of combating crimes. – 2017. – No. 3.
3. Bokhan A.P. Issues of qualifying rape (Article 131 of the Criminal Code of the Russian Federation) and violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation) // Criminal Law. – 2014. – No. 5.
4. Galiakbarov R.R. Qualification of multi-subject crimes without signs of complicity. – Khabarovsk, 1987.
5. Garbatovich D.A. Some issues of qualification of socially dangerous deeds of the insane // Bulletin of the South Ural State University. Series “Right”. – 2016. – T. 16. – No. 1.
6. Goremychkin I.E. Criminal legal norms on group crimes in the institution of complicity: dis. … cand. legal Sciences. – M., 2020.
7. Esakov G.A. Qualification of the joint commission of a crime with a person not subject to criminal liability: a new turn in judicial practice // Criminal Law. – 2011. – No. 2.
8. Klepitsky I.A. Participation of an insane person in committing a crime // Actual problems of Russian law. – 2022. – T. 17. – No. 2.
9. Knyazeva E.A. Qualification of violations of requirements in the field of transport security, taking into account the characteristics of the subjective signs of a crime under article 263.1 of the Criminal Code of the Russian Federation // Asia-Pacific Region: Economics, Politics, Law. – 2020. – No. 3.
10. Kovalev M.V. On the issue of qualification of an act committed with a person not subject to criminal liability // Bulletin of the Bryansk State University. – 2019. – No. 2.
11. Commentary on the Criminal Code of the Russian Federation: In 4 vols. T. 1. General part / otv. ed. V.M. Lebedev. – M., 2019.
12. Prozumentov L.M. Group crime: questions of theory and practice. – Tomsk, 2010.
13. Full course of criminal law: in 10 volumes. T. III. Criminal liability. Crime / E. Yu. Antonova [and others]; Ed. Dr. jurid. Sci., Prof., Honored Worker of Science of the Russian Federation AI Korobeev. – St. Petersburg, 2021.
14. Razogreeva A.M. Legal positions of the Supreme Court of the Russian Federation on the issue of qualification of crimes with “unsuitable” means: experience of discourse analysis // Law. Journal of the Higher School of Economics. – 2020. – No. 1.
15. Sablina M.A. We dispute the imputation of a group attribute in the absence of a second person subject to criminal liability // Advocate Practice. – 2016. – No. 4.
16. Shesler A.V. Perpetrator of the crime // Lex Russica. – 2016. – No. 11.
17. Yani P.S. Problems of understanding complicity in judicial practice // Legality. – 2013. – No. 8.
CRIMINAL LAW
LAYKOVA Elena Alexandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GUSHCHIN Kirill Alexandrovich
magister student of the 3rd course of the Institute of Law of the Irkutsk State University
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 Alexandrovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
WORLD EXPERIENCE IN COUNTERING DRUG TRAFFICKING AND THE POSSIBILITY OF ITS USE IN THE RUSSIAN FEDERATION
The article is devoted to the review of the experience of foreign countries in the field of countering illicit drug trafficking. In his article, the author examines in detail the issue of the formation of international wrestling and its current state. According to forecast data, the positive trends in the global drug situation that took place in the period from 2010 to 2025 will turn in the opposite direction. And only by about 2035, new methods of countering the spread of ATS will be developed, measures will be taken to adequately strengthen control over the legal turnover of precursors, defeat transnational corporations operating in this area, improve the global drug situation, while the level of consumption of ATS will remain at a fairly high level.
Keywords: crime prevention, international crime prevention, international fight against drug trafficking.
Work bibliographic list
1. Roller A. I. International legal regulation of the circulation of narcotic drugs, psychotropic substances and their precursors // Asia-Pacific Region: Economics, Politics, Law. – 2014. – T. 16. – No. 1-2. – S. 123-128.
2. Mavlyanov A. S. International fight against drug trafficking // Actual scientific research in the modern world. – 2019. – No. 3. – P. 119-123.
3. Bochko P.K. On cooperation between Iran and UNODC in the fight against drug trafficking // Bulletin of the Novosibirsk State University. Series: history, philology. – 2015. – No. 10. – P. 131-136.
4. Kolmakova Yu. V. International cooperation in the fight against drug trafficking // Strategic directions for combating crime at the national and transnational levels: a collection of proceedings of the conference. – 2019. – S. 338-342.
5. Polstovalov O. V. New-old guidelines for international cooperation in the fight against drug trafficking at the SCO site // Rule of Law: Problems of Understanding and Implementation: Collection of Articles of the International Scientific and Practical Conference Dedicated to the 10th Anniversary of the Journal “Rule of Law: Theory and Practice “. – 2018. – S. 84-88.
6. Sidorov D. A. The role and place of the Shanghai Cooperation Organization in the modern world: dis. … cand. legal Sciences. – M., 2011. – 146 p.
7. Laniel L. Drug in South Africa: business as usual. – [Electronic resource]. – Access mode: ttp://library.ua/m/articles/view/ (date of access: 08/10/2022).
8. Chugin V. African drug trafficking to Europe. – [Electronic resource]. – Access mode: http://www.rodon.org/polit081006135149 (date of access: 08/10/2022).
9. Kramnik I. Entrance ticket to Africa. – [Electronic resource]. – Access mode: https://lenta.ru/articles/2016/09/15/southafrica/ (date of access: 08/10/2022).
CRIMINAL LAW
KUZMIN Sergey Spiridonovich
senior lecturer of Criminal law sub-faculty of the Academy of the FPS of Russia
LAKEEV Alexey Anatoljevich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Academy of the FPS of Russia
LIMITATION OF THE CONVICT’S LEGITIMATE INTERESTS IN RUSSIAN CRIMINAL LAW
The article deals with issues related to the restriction of the legitimate interests of the convict, which is one of the elements of his criminal legal status. The restrictions existing in the criminal law and their grounds are analyzed. Some shortcomings of their legal regulation were revealed, proposals for elimination were made.
Keywords: convict, criminal law status of the convict, legitimate interests of the convict, restriction of legitimate interests, grounds for restriction.
Work bibliographic list
1. Lakeev A. A. Implementation of the criminal legal status of the convict // Proceedings of the Tula State University. – 2020. – No. 2. – P. 104-111.
2. Malko A. V. Incentives and restrictions in law. – M.: Jurist, 2003. – 250 p.
3. Panko KK Restrictions in criminal law and law enforcement // Legal technique. – 2018. – No. 12. – P. 50-53.
4. Kuzmin S. S. To the question of the system of stimulating norms in criminal law // Criminal liability and punishment. Collection of materials of the All-Russian scientific-practical conference dedicated to the memory of professors of the Department of Criminal Law of the Higher School of the Ministry of Internal Affairs of the USSR V. A. Eleonsky and N. A. Ogurtsov. Ed. V. F. Lapshina. – Ryazan, 2017. – S. 90-95.
CRIMINAL LAW
MAGOMEDOVA Jennet Kamilovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
FEATURES OF THE RELEASE OF MINORS FROM CRIMINAL PUNISHMENT
The article is dedicated to the peculiarities of the release of minors from criminal punishment. On the basis of the current criminal legislation, an analysis of the types of release from punishment with the use of coercive measures of educational influence, as well as with placement in a specialized educational institution, is given. In conclusion, based on all the results obtained, it was concluded that the special types of release of minors from punishment are: 1) the use of coercive measures of educational influence and 2) placement in a special educational institution of a closed type (Parts 1 and 2 of Article 92 of the Criminal Code of the Russian Federation).
Keywords: punishment, minors, release from punishment, features of release.
Work bibliographic list
1. Gavrilov S. T. Some issues of criminal liability of minors // Territory of science. – 2013. – No. 1. – P. 125-130.
2. Zagoryan S. G. Some issues of the application of measures of criminal responsibility for the commission of crimes by minors as part of organized groups // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 3. – P. 15-19.
3. Kankishev E. D. To the question of the competition of special types of release of minors from punishment and from criminal liability Penitentiary system today: interaction of science and practice // Proceedings of the scientific and practical conference. Managing editor: A. G. Antonov. – 2016. – S. 124-126.
4. Commentary on the Criminal Code of the Russian Federation (scientific and practical) / Ed. A. I. Chuchaeva. – M.: Prospekt, 2019. – P. 414.
5. Chudin N. M. Age assessment in the prevention of juvenile delinquency // Bulletin of the Perm University. Legal Sciences. – 2014. – No. 4. – P. 191-195.
CRIMINAL LAW
MANNA Ammar Abdul Karim
Ph.D. in Law, associate professor of Criminal law, criminal process and criminalistics sub-faculty of the Peoples’ Friendship University of Russia
RIZAEVA Dana
Ph.D. in Law, an employee of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CRIMES AGAINST PROPERTY IN ISLAMIC CRIMINAL LAW
Property is protected by Muslim criminal law in the same way as other values of the Muslim world – religion, human life and health. The protection of property rights is not only the basis of Islamic law, but also its important function, since in many Muslim countries there is the development of private property, the strengthening of economic relations, the basis of which are property legal relations. It seems necessary to analyze the peculiarity of criminal liability for the commission of embezzlement in the form of theft and robbery under the norms of Islamic criminal law. Islamic criminal law is of particular interest because of the significant differences between this law and European legal systems. An analysis of the criminal legislation of Muslim countries shows that in some states a detailed differentiation of criminal liability for crimes against property has been carried out. Theft only under certain circumstances becomes a crime of the category “hudud”, so it is called a crime of a “mixed nature”. Moreover, the penalties provided for theft by different religious and legal schools differ significantly from each other. The differences lie both in the nature of the punishment itself and the circumstances in which the punishment takes effect, as well as in the characteristics of the crime.
Keywords: criminal Islamic law, embezzlement, theft, robbery.
Work bibliographic list
1. Artemov V. Yu. The main features of Muslim criminal law. Abstract dis. … cand. legal Sciences. – M., 2008. – 30 p.
2. Berg, Van den L. V. S. The main principles of Muslim law according to the teachings of Imams Abu Hanifa and Shafii / Per. from Dutch. – M.: Natalis, 2005. – 308 p.
3. Islamic Penalty Law of the Islamic Republic of Iran. – St. Petersburg: R. Aslanov Publishing House “Legal Center” Press “, 2008. – 343 p.
4. Kerimov G. M. Sharia and its social essence: Abstract of the thesis. dis. … doc. ist. Sciences. – M., 1979.
5. Kononkova N. V., Govenko S. A. Hudud category crimes in Muslim criminal law // Bulletin of the Amur State University. – 2016. – No. 72. – S. 21-27.
6. Koran (translated by I. Yu. Krachkovsky). – [Electronic resource]. – Access mode: http://www.falaq.ru/quran/krac/
7. Lafitsky V. I. Comparative law: national legal systems. Legal systems of Asia. – T. 3. – M.: IZiSP; CONTRACT, 2013. – 303 p.
8. Makharamov Ya. A. Punishment under Muslim criminal law: concept, goals, types: Dis. … cand. legal Sciences. – M., 2009. – 120 p.
9. Makharamov Ya.A. Punishment in Muslim criminal law: concept, goals, types. Abstract dis. … cand. legal Sciences. – M., 2009. – 29 p.
10. Nazarov A. K. Criminal law norms of the Koran and Hadith and their classification according to the institutions of criminal law. Abstract diss. … cand. legal Sciences. – Dushanbe, 2009. – 28 p.
11. Suvorov T. A. Theft in the system of Muslim criminal law // Bulletin of the Omsk University. – 2004. – No. 2. – P. 133-137.
12. Syukiyainen L. R. Muslim law // Questions of theory and practice. – M., 1986.
13. Yusif
Mohammed Hussein Ogly. Some issues of criminal liability for theft of another’s property committed by robbery // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2012. – No. 4. – P. 120-126.
CRIMINAL LAW
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational investigative activities of the internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
RYAZANOV Pavel Alexandrovich
lecturer of Operational investigative activities and special equipment in the internal affairs bodies sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
PROBLEMS OF PREVENTION OF CRIMES COMMITTED IN EDUCATIONAL INSTITUTIONS
In recent years, cases of shooting and the use of cold weapons have become more frequent in Russian schools, colleges, and universities. Despite the measures taken to strengthen control over the circulation of weapons and ensure security in educational institutions, it was not possible to prevent a new tragedy. The article deals with the prevention of crimes committed in educational institutions, the study of the identity of the offender, necessary to develop more effective measures to prevent violent crimes committed in educational institutions in order to predict crime, monitoring its prerequisites.
Keywords: crime, prevention, prevention, minors, criminal personality, psychological portrait of the criminal, bullying, psychotrauma.
Work bibliographic list
1. Akimov N. V. Individual prevention of crimes related to the use of firearms in the activities of internal affairs bodies // Wise lawyer. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/declconv/declarations/childdec (date of access: 03.10.2022).
2. Demidov N. N. The study of the identity of the offender in the process of investigation [Text]: author. dis. … cand. legal Sciences: 12.00. 01. – Volgograd, 2003. – S. 23.
CRIMINAL LAW
PETROVA Galina Olegovna
Ph.D. in Law, professor of Criminal law and process sub-faculty of the Law Faculty of the N. I. Lobachevsky National Research Nizhny Novgorod State University
CRIMINAL LAW REGULATION AND SOME OF ITS BOUNDARIES IN THE XXI CENTURY
The article is devoted to topical aspects of criminal law regulation and its possible limits in the study XXI. The purpose of the article is to consider the specific state of this area and the identified problematic and promising areas of regulation. Particular attention is paid to some of the limits (boundaries) of criminal law regulation that arise in society. The author, using the example of domestic and foreign legislation, reveals the current state and trends of legal regulation in the area under consideration. In the course of the study, the most relevant areas of criminal law regulation were identified. The most important areas that need additional elaboration are considered. Identified promising areas of development of criminal law regulation, such as genetic engineering, space, IT-technologies, media space regulation. Modern examples from the law enforcement practice of domestic courts are analyzed, on the basis of which the author identifies new boundaries of what is permitted and prohibited. Attention is drawn to novelties in criminal law, as well as their incorporation into existing legal documents. The boundaries of responsibility for unleashing and waging an aggressive war are especially emphasized. It is clarified that it is necessary to specify the status of a war criminal. At the end of the article, the research is summarized, current trends are outlined, and a conclusion is made.
Keywords: criminal law regulation, Criminal Code, foreign experience, law enforcement practice, administrative prejudice, criminal law prohibitions, proposals for improving legislation.
Work bibliographic list
1. Kuznetsova N. F. Seven years of the Criminal Code of the Russian Federation // Bulletin of the Moscow University. Episode 11 2003. No. 1. S. 5-9.
2. Kiseleva I. A. Administrative prejudice in criminal law: “Execution cannot be pardoned” // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. No. 1. Nizhny Novgorod: Publishing House of the Nizhny Novgorod State University. N. I. Lobachevsky, 2019. S. 116-121
3. Lopashenko N. A. There is no administrative prejudice in criminal law! // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. 2011. No. 3. S. 64-71.
4. Petrova G. O. Criminal law regulation in Russia at the turn of the century.// Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series Right. Issue 1 (2). The legal system of Russia at the turn of the century. N. Novgorod: Publishing house of UNN, 2000. S. 276-288.
5. Petrova G. O. On the international, internal and national levels of criminal law regulation // State and Lawabout: the results of the XX century: Materials of the conference: Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – Series: Law. Nizhny Novgorod: UNN, 2001. Issue. 2(4). pp. 189-197.
6. Samoylyuk N.V. Crimes against life and health under the laws of Spain // Law and State: Theory and Practice. 2020. No. 1 (181). pp. 134-136
7. Criminal Code of Spain / edited by N. F. Kuznetsova, F. M. Reshetnikov. Moscow: ZERTSALO, 1998. 213 p.
8. Criminal Code of the Republic of Kazakhstan. Almaty: JURIST, 2019. 124 p.
9. Texas Penal Code / Scientific Editing and Foreword. I. D. Kozochkina. Translation from English by D. G. Osipov, I. D. Kozochkin. St. Petersburg: Legal Center Press, 2006. 575 p.
CRIMINAL LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KIDNAPPING: DEFINITION OF THE OBJECTIVE SIDE OF THE CRIME
The article deals with the issue of determining the objective side of the composition of kidnapping. Its absence from the law is critically assessed. The author analyzes the legality of the legislator’s use of the concept of “embezzlement”, which is mainly used in the characterization of crimes against property. It is pointed out that the emphasis in the definition of the content of the concept of “kidnapping” developed by judicial and investigative practice, first of all, is on keeping the abducted person (or his goal) in a place that is not familiar to this person. It is in this that the existence of a convention in the use of the category “abduction” in relation to a living person is reflected. It is concluded that in the structure of the objective side of the composition of this criminal act, the defining and most significant moments are the seizure (capture) of the victim, his removal from his location and transportation (relocation), which aims to subsequently hold the captured person in another place.
Keywords: kidnapping, objective side, capture, displacement, retention.
Work bibliographic list
1. Taranenko V. V., Kharitonov S. S., Reshnyak M. G., Borisov S. V. Actual problems of improving criminal law measures to counteract kidnapping, illegal imprisonment, human trafficking and the use of slave labor // All-Russian Criminological magazine. – 2020. – No. 3. – P. 481-494.
2. Popov A. N. Murder under aggravating circumstances. – St. Petersburg: Legal Center Press, 2003. – 898 p.
3. Avdeeva E. V. Determinants of crimes against personal freedom in the Russian Federation // All-Russian criminological journal. – 2013. – No. 2. – P. 146-154.
4. Dal V. I. Explanatory Dictionary. T. 3. – M.: Progress, 1994. – 576 p.
5. Ozhegov S. I. Explanatory dictionary of the Russian language. – M.: Azbukovnik, 2010. – 848 p.
6. Garmyshev Ya. V. Legal characteristics of criminal violence in crimes against property // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1 (23). – P. 36–43.
CRIMINAL LAW
TOROPOV Sergey Aleksandrovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
PONOMAREV Aleksandr Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
NOVIKOVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
ANALYSIS OF THE CAUSES AND CONDITIONS CONTRIBUTING TO THE COMMITMENT OF CRIMES IN THE SPHERE OF COMPUTER INFORMATION
In the article the analysis of the causes and conditions that contribute to the commission of crimes in the field of computer information is carried out. The most common ways of committing “cybercrimes” are noted. The author’s recommendations for improving the mechanism for counteracting crimes of the group under consideration have been prepared.
Keywords: computer crimes, information, trace data, software, protection mechanisms, cyber squads.
Work bibliographic list
1. Prosecutor General’s Office of the Russian Federation: legal statistics portal. – [Electronic resource] – Access mode: https://crimestat.ru/analytics (date of access: 06/01/2022).
2. Rudik M. V., Toropov S. A. A minor as a subject of crimes in the field of computer information. Eurasian Law Journal. – 2016. – No. 3 (94). – S. 222-225.
3. Toropov S. A., Safonov D. A. Actual issues of combating crime in the field of computer information // In the book: Personality in the information space: problems and prospects for research. Edited by S. A. Butkevich. – Simferopol, 2020. – S. 198-207.
4. Bogdanova T. N. Causes and conditions for committing crimes in the field of computer information // Bulletin of the Chelyabinsk State University. – 2013. – No. 11 (302). – S. 64-67.
5. Zigura N. A. Computer information as a type of evidence in the criminal process in Russia: dis. … cand. legal Sciences: 12.00.09. – Chelyabinsk, 2010. – 234 p.
6. V. P. Bodaevsky, D. A. Zakharov, S. A. Kodintsev, M. I. Nikulin, T. Yu. Novikova, M. V. Pelenitsina, A. V. Rudenko, and N. V. Savenko, Soshina N. V., Shigonin A. B., Yatsenko A. O. // Actual problems of civil, criminal and administrative proceedings Textbook. – Simferopol, 2021. – 150 p.
CRIMINAL LAW
CHERNYSHOV Viktor Valentinovich
Ph.D. in Law, associate professor, associate professor of Management and organization of the UIS sub-faculty of the Academy of the FPS of Russia
ABOVYAN Edgar Pargenovich
Ph.D. in Law, scientific researcher of the Department of Development of Methodologies for the Execution of Criminal Penalties without Deprivation of Liberty of the Center for the Study of Problems of the Execution of Criminal Penalties (FKU Research Institute of the Federal Penitentiary Service of Russia)
FACTOR ANALYSIS OF ECONOMIC CRIME IN RUSSIA
This article analyzes the interrelated factors of economic crime. A comparative characteristic of the dynamics of crime in general and economic crime in particular is given. It shows the influence of the economic potential and economic development of the region and the standard of living of the population, at the same time have an indirect impact on the factors of economic crime. In particular, the potential of the natural environment of the region determines the attractiveness of crimes for the redistribution of ownership of natural resources.
Keywords: economic crime, factors of economic crime, cybercrime, dynamics of economic crime.
Work bibliographic list
1. Matskevich I. M. Causes of economic crime. Tutorial. M.: Prospekt, 2017. 272 p.
2. Kudryavtsev V. N., Eminov V. V., Criminology: textbook. M., 2009.
3. Terekhin V. I., Chernyshov V. V. Factor analysis and forecasting of post-penitentiary crime in the regions of the Russian Federation: textbook. Ryazan, 2021, p. 39.
4. The state of crime in Russia. Collection of Federal Statistical Observation of the Prosecutor General’s Office, 2021.
5. Russian review of economic crimes 2010-2021. [Electronic resource]. – Access mode: www.pwc.ru/crimesurvey.
6. The state of crime in Russia. Collection of Federal Statistical Observation of the Prosecutor General’s Office, 2021.
7. Report of the Central Bank of Russia at the International Financial Congress. Internet, 07/09/2019.
8. Becker G. Crime and punishment: an economic approach. [Electronic resource]. – Access Mode: http://www.rich.frib.org/cross/pubs/crime/html
9. Terekhin V. I., Chernyshov V. V. Modeling of regional economic crime // Scientific journal Financial Economics. 2019. No. 4. S. 221-224
CRIMINAL LAW
KHAKIMOV Nazim Nazipovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
FAILURE TO HELP A PATIENT: ACTUAL PROBLEMS OF LEGAL REGULATION
The quality of medical care correlates with social guarantees for citizens of the Russian Federation. For this reason, persons with relevant knowledge and competence are required to provide medical assistance to a person belonging to the category “sick”. However, this obligation is associated with many subjective and objective factors that need to be taken into account by the courts when considering criminal cases under Art. 124 of the Criminal Code of the Russian Federation. Often this leads to an objectively necessary increase in the principle of discretion of the court, which is not a positive trend from the point of view of the trial stability and fairness. The purpose of the study, therefore, is to explore the most relevant trends in the consideration of criminal cases by the courts under Art. 124 of the Criminal Code of the Russian Federation. The main material of the study is judicial practice, as well as a set of scientific works by N. V. Shchetinina, E. P. Ivannikova, T. N. Petrova, Yu. I. Pigolkina, Yu. E. Morozova, I. V. Globa, A. N. Khomenko and others. The result of the study is the formation of conclusions about the most relevant trends in the consideration of criminal cases under Art. 124 of the Criminal Code of the Russian Federation, as well as the formulation of problematic issues related to the wide judicial discretion in this area. In the final part, the author suggests possible solutions to the identified problematic issues.
Keywords: health care; failure to provide assistance to the patient; judicial discretion; good reasons; life-threatening health conditions; pathological health conditions.
Work bibliographic list
1. Shchetinina N. V. Failure to provide assistance to the patient: criminal law characteristics and qualification issues // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia, 2019. No. 1 (81). pp. 143-149.
2. Ivannikova E.P. On the problem of criminal liability for failure to provide assistance to a patient in Russian and foreign legislation. News of the Tula State University. Economic and legal sciences, 2016. No. 1-2. pp. 170-176.
3. Petrova T. N. Features of the investigation of crimes related to poor-quality medical care during obstetrics // Consilium Medicum, 2017. T. 19. No. 6. P. 9-31.
4. Pigolkin Yu. I., Morozov Yu. E., Globa IV Competence of a doctor and a lawyer in establishing a medical error // Actual problems of medicine and biology. 2018. No. 2. S. 58-59.
5. Khomenko A. N. Criminal legal assessment of acts committed in the provision of medical care // Siberian Legal Review, 2020. V. 17. No. 2. P. 216-222.
6. Smirnov R. Yu. Forensic medicine (forensic medical assessment of harm to health): educational and methodological allowance; Yaroslavl state un-t im. P. G. Demidov. Yaroslavl: YarSU, 2018. 52 p.
CRIMINAL LAW
KHMELEVA Zlatoslava Aleksandrovna
senior lecturer of the Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, colonel of police
POPENKOV Anton Valerjevich
lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, major of police
ANTIMONOVA Svetlana Igorevna
lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, major of police
CRIMINAL AND LEGAL MANIFESTATIONS OF THE IDENTIFIED TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC POISONING USING IT TECHNOLOGIES
The article provides an analysis of the current state of affairs in the field of illicit trafficking in narcotic drugs and psychotropic substances in the Russian Federation, committed using computer technology, communications and the Internet. The authors give examples of the commission of crimes of similar categories, the qualification of such criminal acts, and also point to some algorithms for investigating crimes of these categories.
Keywords: drug trafficking, cybercrime, Internet, network crime, qualification of crimes, IT technologies, preliminary investigation, criminal law.
Work bibliographic list
1. TASS: In the Russian Federation, the number of drug-related crimes has reached a minimum in 10 years. DateViews. [Electronic resource]. – Access mode: http://www.tass.ru/obschestvo/12256069?utm_source=google.com&utm_medium=organic&utm_campaign=google.com&utm_referrer=google.com. (Accessed 10/12/2022)
2. The Criminal Code of the Russian Federation dated 06/13/1996 No. 63-FZ (as amended on 02/03/2014) // Collection of Legislation of the Russian Federation. – 06/17/1996. – No. 25. – S. 2954 (Last edition)
3. Decree of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14 (as amended on May 16, 2017) “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_61074/ (Accessed 10/12/2022)
4. Galushkova V.V., 2015. Problems of legal regulation of a special condition for exemption from criminal liability for drug trafficking // Society and Law. – 2015. – No. 1 (51). – S. 130.
5. Based on the materials of criminal case No. 0000424825562123 of the investigative department of the Ministry of Internal Affairs of Russia for the Konkovo district of Moscow. 2021
CRIMINAL LAW
NGUYEN Thu Trang
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
PRINCIPLES FOR THE TREATMENT OF JUVENILE DELINQUENTS UNDER VIETNAMESE LAW
The article discusses the principles of treatment of minors who have committed crimes in Vietnam. These principles are not codified in the Vietnamese criminal code 2015. As a result of the study, the author conditionally divides them into two groups: general and special principles.
Keywords: minor, criminal code, Vietnam, principle, responsibility
Work bibliographic list
1. Nguyen Thi Phuong Hoa. Vietnam’s policy on juvenile criminals reflected in its new provisions under the new criminal code 2015 (amended 2017) and recommendations // Kutafin University Law Review. Volume 6. Issue 2. 2019. P. 447-468
2. Nguyen Thu Trang. Types of punishment imposed on minors under the Vietnamese Criminal Code of 2015 // Collection: Current Issues of History, Philosophy and Law. Collection of articles of the VIII International Scientific and Practical Conference. Petrozavodsk, 2022, pp. 18-24.
3. Justice: Matters Relating to Children in Conflict with the Law. Model Juvenile Justice Law and Related Commentary. – [Electronic resource]. – Access mode: https://www.unodc.org/documents/justice-and-prisonreform/Russian_Model_Law_21122014_final.pdf
CRIMINAL PROCESS
GOLOVASTOVA Yuliya Aleksandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law sub-faculty of the Academy of the FPS of Russia, professor of Criminal-Legal and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch, chief researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penal Enforcement Center for the Study of Problems of management and organization of the execution of Sentences in the Penal Enforcement System Research Institute of the FPS of Russia
JUROR IN THE RUSSIAN CRIMINAL TRIAL
The article reveals the problems of the procedural status of jurors in the administration of justice. The author examines the rights and duties of a juror, assesses his powers, comparing them with the powers of a judge. The paper emphasizes the contradictory nature of the procedural position of the juror
Keywords: juror; court; criminal proceedings; criminal procedural legal personality
Work bibliographic list:
1. Alekseev I.N. jury for judges as a threat to the Russian legal system // Criminal trial. 2005. No. 5. S. 52-59.
2. Bulls V. Jurors as participants in criminal proceedings // Criminal trial. 2006. No. 7. S. 66-70.
3. Startseva S.N., Osokina G.A. Jury trial: judge’s view // Criminal trial. 2005. No. 10. S. 53-57.
CRIMINAL PROCESS
GADZHIKERIMOVA Sabina Kaziakhmedovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alekseevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF CRIMINAL PROSECUTION IN CASES OF CRIMES COMMITTED BY ORGANIZED GROUPS
The article deals with certain aspects of criminal prosecution in cases of crimes committed by organized groups. The analysis of statistical data and the cases of the named category allowed the author to conclude that the causes of poor quality of investigation of criminal cases are, including inaccurate assessment and untimely implementation by the investigation results of operational-investigative activity, ignoring the possibility of their transformation in criminal procedure, in order to establish the objective truth and the presence of the fragmented nature in the choice of tactics and strategy of verification (procedural) actions at the pretrial stage as bodies, as well as the LAW enforcement system as a whole . The authors come to the conclusion that it is necessary to introduce their proposed amendments to the criminal and criminal procedure legislation, which will significantly reduce criminal activity in the country.
Keywords: organized crime, criminal community, criminal prosecution, law enforcement agencies, operational search activities, investigative bodies.
Work bibliographic list
1. Crime indicators in Russia // Legal Statistics Portal. – [Electronic resource]. – Access mode: http://crimestat.ru/offenses_map (date of access: 10/18/2022).
2. Decree of the Plenum of the Supreme Court of the Russian Federation of June 10, 2010 No. 12 “On the judicial practice of considering criminal cases on the organization of a criminal community (criminal organization) or participation in it (it)” // Bulletin of the Armed Forces of the Russian Federation. – 2010. – No. 8, August.
3. Zuev SV Criminal prosecution in cases of crimes committed by organized groups and criminal communities (criminal organizations). – Chelyabinsk: Chelyabinsk Law Institute of the Ministry of Internal Affairs of Russia, 2010. – 274 p.
4. Decree of the Presidium of the Supreme Court of the Republic of Komi No. 4U-990/2019 dated November 27, 2019 in case No. 1-150/2016 // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/vIFL5ICcHXrQ/ (date of access: 10/30/2020).
5. Resolution of the Presidium of the Smolensk Regional Court No. 4U-794/2019 dated November 6, 2019 in case No. 44U-95/2019 // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/XI8epTT157Uj/ (date of access: 09/30/2022).
CRIMINAL PROCESS
DOMOVETS Svetlana Sergeevna
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
SINKEVICH Veronika Viktorovna
Ph.D. in Law, associate professor of Criminal process sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
THE USE OF INNOVATIVE TECHNOLOGIES IN THE INVESTIGATION OF CRIMES: PROCEDURAL AND FORENSIC ASPECTS
At present, information technology has affected all spheres of society. The 21st century is characterized by the emergence of various technical devices that improve the quality of human life and ensure the effectiveness of various processes, including law enforcement activities. The introduction of technologies innovative and communications, the computerization of professional activities, the development and improvement of information-automated devices greatly facilitate the production of legal processes and actions, including investigative ones. Ensuring their effectiveness and efficiency is impossible without the integration of modern innovations.
Keywords: innovations, technologies, crime investigation, technical means, services, legal proceedings, evidence.
Work bibliographic list
1. Fedorov A.F. The use of new technologies in solving the problem of criminal procedure evidence // Modern criminal procedure law – lessons of history and problems of further reform. – 2021. – Vol. 2. – No. 1 (3). – S. 226-230. – EDN TCKKZE.
2. Meshkov M.V. Preliminary investigation: a textbook for cadets and students of educational institutions of higher professional education of the Ministry of Internal Affairs of Russia in the specialty “Jurisprudence” / Ed. M. V. Meshkova. 2nd ed., revised. and additional – M.: UNITI-DANA: Law and Law, 2014. – P. 69.
CRIMINAL PROCESS
Ivanova Antonina Nikolaevna
Ph.D. in Law, Head of Execution of punishments not connected with deprivation of liberty and legal support of activity of criminally-executive system sub-faculty of the Tomsk Institute for Advanced Training of Employees of the FPS of Russia
SIMPLIFIED PROCEDURE OF CRIMINAL PROCEEDINGS IN THE 20S OF THE XX CENTURY AS A MANIFESTATION OF REPRESSIVE POLICY (ON THE EXAMPLE OF TOMSK PROVINCE)
Repression as a manifestation of the totalitarian regime governing our country in the XX century has long been the subject of numerous studies.
The article is devoted to the issues of proceedings in cases of prosecution for malicious evasion of payment of food tax. In carrying out this study, 50 criminal cases initiated in different volosts of the Tomsk province in 1922 were studied.
The subject of the study is regulatory legal acts regulating the grounds and procedure for bringing to responsibility for non-fulfillment of state obligations to pay food tax, as well as law enforcement practice of that time period.
Based on the analysis of the content of the studied criminal cases, the author comes to the conclusion that the non-payment of the food tax as a basis for initiating criminal cases was of a massive nature. Historically, it has been established that the failure to fulfill this duty was caused by objective reasons that led to a grain crop failure in 1921. However, for the criminal proceedings and sentencing in a simplified manner, it was enough to establish the fact of non -payment of the food tax and the admission of guilt by the accused.
The mass nature of the offenders led to the fact that up to 40 people were united in one criminal case according to the administrative-territorial division (parish, village, village), as well as on the fact of non-payment of the food tax . The social status of the persons brought to justice did not matter. Confiscation as a form of punishment was subjected to any property of any value that was withdrawn to the volost mutual assistance committees, regardless of the possibility of appealing the verdict and the results of such an appeal.
Keywords: food tax, repression; simplified legal proceedings; punitive policy; criminal proceedings; sentence.
Work bibliographic list
1. Grishchenko I.A. Legislation on criminal proceedings for crimes against the Soviet regime and its implementation during the period of the most large-scale political repressions in the USSR: 1934-1941: Abstract of the thesis. … candidate of legal sciences: 12.00.01. – Krasnodar, 2007. – 28 p.
2. The case on charges of S. Apostolov, Nakorenkova, V. Rubanov, citizens of s. Ivanovka; Zubtsova A., Izvekova V., Mikhailov I., Solodilova N., Khmelevsky V., citizens of the village. Svyatogorki; Lebedeva A, citizens of Suslovo; Ermakova A., Zlobina E., Kustova M., Sokolova E., Sotnikova A., Sumeykova L., Turaeva, citizens of the village. Konstantinovka, in non-payment of food tax // GATO. F.R. 236. Op. 5. D. 1119. The case on the charges of the peasants of the Kozhevnikovskaya volost Tolmacheva T.T., Lukyanova E.E. and others (total 15 people) in a malicious refusal to pay the tax in kind // GATO. F.R. 236. Op. 2. D. 283. The case on the charges of the peasants of the Chilin volost Raspotin D.K., Merkuriev A.K. and others (total 36 people) in a malicious refusal to pay the tax in kind // GATO. F.R. 236.Op. 2. D. 238. The case on the charge of Shidlovsky O.I. and others (total 5 people), citizens from. Bezmenovsky, in non-payment of food tax // GATO. F.R. 236. Op. 4. D. 277.
3. The case on the accusation of the peasants with. The base of the Chilin volost Korneeva R.M., Anikina N.P. and others (total 7 people) in refusing to pay food tax // GATO. F.R.-236. Op. 2. D. 178.
4. Ivanova G.M. GULAG in the Soviet state system, late 1920s – mid-1950s: Dis. … doc. ist. Sciences: 07.00.02. – Moscow, 2002. – 430 p.
5. Syusyura V.L. Criminal proceedings in cases of crimes against the Soviet regime during the period of the new economic policy: 1922-1929: Abstract of the thesis. … candidate of legal sciences: 12.00.01 / Kuban. state agrarian un-t. – Krasnodar, 2007. – 29 p.
6. Uimanov V.N. Liquidation and rehabilitation: political repressions in Western Siberia in the system of Bolshevik power (end of 1919-1941). – Tomsk, 2012.
CRIMINAL PROCESS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and scientific complex for preliminary investigation in the internal affairs bodies of the Volgograd Academy of the MIA of Russia
IGNATOVA Ekaterina Alexandrovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Novorossiysk branch of the Krasnodar University of the MIA of Russia
SOME FEATURES OF THE REPEATED INVESTIGATIVE EXAMINATION ACCORDING TO THE SEQUENCE OF CONDUCT
In this article, the repeated investigative examination is considered as an independent and effective investigative action. Its significance is being investigated. The main provisions of the tactics of its production are studied, where the investigator himself, through the use of various methods of cognition, is convinced of the existence of facts of evidentiary value, and fixes their detection by drawing up a protocol. Special attention is paid to the study of theoretical problems of re-examination. The suggestions and conclusions formulated by the author have both theoretical and practical significance.
Keywords: investigative inspection, tactics of production, criminal case, investigator, sequence of conduct.
Work bibliographic list
1. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – S. 116-121.
2. Averyanova T. V., Belkin R. S., Korukhov Yu. G. et al. Criminalistics: Textbook. – M.: Infra-M, Norma, 2017. – S. 574.
3. Biryukov S. Yu. Activities of the investigator at the scene: procedural and organizational aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48). – S. 92-98.
4. Kelbyaliev K. R. Textbook (course of lectures) on the discipline “Inspection of the scene” for the direction of training “Jurisprudence”, profile “Criminal Law”, Makhachkala. – M.: DGUNKh, 2016. – P. 14.
5. Kravets E. G. Modern possibilities of accumulation, transmission and analysis of information significant for the investigation of crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 2 (13). – S. 72-78.
CRIMINAL PROCESS
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, head of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ANISIMOV Anton Alexandrovich
postgraduate student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
MAKAROV Evgeniy Sergeevich
magister student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
GENESIS OF NORMATIVE APPROACHES TO THE APPLICATION OF HOUSE ARREST IN THE DOMESTIC CRIMINAL PROCESS
The article is devoted to the analysis of the stages of regulatory regulation of house arrest as a preventive measure, with the identification of the features of the pre-revolutionary, Soviet, and modern periods. At the same time, the circle of persons to whom it was subject to application is determined, with the designation of the factors influencing it. The idea is emphasized that the formation of the considered procedural institution has not been completed, this is confirmed by several problems highlighted by the authors.
Keywords: preventive measure, police supervision, legalization, method of restrictions, adversarial process, electronic means of control, arrested.
Work bibliographic list
1. Abdullina A. U. The history of the emergence and development of house arrest as a measure of restraint in domestic criminal proceedings. Text: direct // Young scientist. 2020. No. 17 (307). pp. 159-161.
2. Popova LN The history of the development of house arrest as a measure of restraint // Man: crime and punishment. 2017. V. 25 (1-4). No. 1. S. 1-150.
3. Gamidov A. M., Kadiev M. S. Evolution of domestic legislation on house arrest as a measure of restraint // Bulletin of the Dagestan State University. Series 3: Social Sciences. 2018. Volume 33. Issue. 4. S. 98-101.
4. Vasiliev S. V. History of house arrest in criminal proceedings // Development of the penitentiary system: organizational, legal and economic aspects. Collection of materials of the international scientific and practical conference, within the framework of the international legal forum “Law and Economics: National Experience and Development Strategies”. Novosibirsk, Novokuznetsk. 2021. S. 36-38.
5. Gorbatykh I. M. On the essence and legal nature of house arrest: historical and modern aspects // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. 2021. No. 3. S. 90-96.
6. Rodionova Yu. V. Prohibition of certain actions: similarities and differences with house arrest // Science and education: the search for new prospects in the context of the COVID-19 pandemic: a collection of scientific papers based on the materials of the International Scientific and Practical Conference on September 11, 2020 Belgorod: LLC “Agency for Advanced Scientific Research (APNI), 2020. P. 29-31.
7. Tarasova A. A. On some problems of applying a measure of restraint in the form of house arrest and ways to solve them // Actual research. 2020. No. 23 (26). Part I. S. 126-128.
8. Shabanov V. B., Budanova L. Yu. Application of preventive measures in the form of house arrest and the prohibition of certain actions: problems of implementation // Criminal Executive Law. 2020. V. 15 (1–4). No. 1. S. 75-78.
9. Magomedov R. A. House arrest: current state and application problems. Text: direct // Young scientist. 2019. No. 48 (286). pp. 247-249.
10. Golubtsova E. P. Problems of implementation of the complete isolation of a person in respect of whom house arrest has been chosen in a residential area. Text: direct // Young scientist. 2020. No. 44 (334). pp. 187-189.
11. Timerbulatov R. I. The problem of house arrestin criminal proceedings of the Russian Federation // Novalnfo/ Electronic journal. 2018. No. 93. P. 94-97.
CRIMINAL PROCESS
PONOMAREV Aleksandr Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
NOVIKOVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
TOROPOV Sergey Aleksandrovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
GENERAL ISSUES OF ORGANIZING AND CONDUCTING AN INCIDENT SITE INSPECTION
The article discusses the main ways and methods of examining the scene. Attention is drawn to a thorough analysis of the physical situation of the scene in the selection of tactics in order to prevent the loss of evidentiary information. Typical ways of packing objects are determined, taking into account the qualitative properties.
Keywords: inspection of the scene, investigative action, investigator, participants in the inspection, investigative team, real situation, trace picture.
Work bibliographic list
1. V. P. Bodaevsky, D. A. Zakharov, S. A. Kodintsev, M. I. Nikulin, T. Yu. Novikova, M. V. Pelenitsina, A. V. Rudenko, and N. V. Savenko, Soshina N. V., Shigonin A. B., Yatsenko A. O. Actual problems of civil, criminal and administrative proceedings Textbook. – Simferopol, 2021. – 150 p.
2. Rudenko A. V., Zakharov D. A. Criminal procedural liability for violation of the normal order of investigation of the circumstances of a criminal case // In the collection: Actual problems of criminal and criminal procedural policy of the Russian Federation. Materials of the international scientific-practical conference. – 2012. – S. 197-200.
3. Toropov S. A., Safonov D. A. Features of the organization of the inspection of the scene in a local military conflict // Tavrichesky scientific observer. – 2016. – No. 12-1 (17). – S. 128-130.
4. Safonov D. A., Toropov S. A. Methodological aspects of inspection, seizure and packaging of items structurally similar to cold weapons (folding knives) at the scene // Crimean Scientific Bulletin. – 2015. – No. 3. – P. 53-60. [Electronic resource]. — Access mode: http://krvestnik.ru/pub/2015/07/SafonovDAToropovSA.pdf.
5. Pakhomov S. V., Gusev A. V. Use of geodetic satellite systems for eccentric inspection of the scene // Society and Law. – 2014. – No. 3 (49). – S. 203-206.
CRIMINAL PROCESS
POPOVA Darya Yurjevna
magister student of the East Siberian branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University
ESSENCE AND PROBLEMS OF METHODOLOGICAL AND FORENSIC SUPPORT IN CRIMINAL LEGAL PROCEEDINGS
In the article, the authors define the essence of the methodological and forensic support of criminal proceedings. They identify the problems of development, implementation and application of forensic techniques, while offering ways to solve these problems at the present stage. The essence of methodological and forensic support is reduced to the creation of such practice-oriented recommendations that would answer the questions: what needs to be done, how to do it and with what technical and forensic means to achieve this. Thus, we can talk about the development of algorithms for the actions of authorized law enforcement officers, allowing them to most optimally, efficiently and rationally investigate crimes, clearly aware of the sequence of actions performed.
Keywords: methodological and forensic support, forensic support, general methods, particular methods, algorithmization.
Work bibliographic list
1. Ivanov P. I., Kustov A. M., Verenich I. V. Methodological and forensic support of the initial stage of the investigation of mass riots // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (58). – S. 109-115.
2. Stepanenko D. A., Mitrofanova A. A. Forensic support of the investigation as a category of criminalistics // Glagol of Justice. – 2017. – No. 2 (14). – S. 60-64.
3. Garmaev Yu. P. Theoretical foundations of the formation of forensic methods of investigating crimes: dis. … doc. legal Sciences. – Moscow, 2003. – 342 p.
4. Ishchenko E.P. Is reform ruled by crime? – Moscow: Tsentrpoligraf, 2013. – 319 p.
5. Khalikov A. N. Prospects for the development of forensic investigation methods // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – S. 127-133.
6. Ishchenko P.P. Is a forensic characterization of a crime necessary in the forensic methodology? // Lex Russica. – 2020. – No. 3. – P. 55-69.
7. Nelyubin K. A. Programming and algorithmization of establishing the person who committed the murder (based on the materials of the Sverdlovsk region): author. dis. … cand. legal Sciences. – Yekaterinburg, 2016. – 25 p.
8. Shatalov AS Issues of modernization of private forensic methods of investigation of crimes // Bulletin of the Tomsk State University. Right. Series: Law. – 2016. – No. 1 (19). – S. 64-81.
9. Shatalov A. S. Implementation of algorithmization and programming of crime investigation into the system of forensic methods // Academic Thought. – 2018. – No. 1 (2). – S. 86-90.
10. Khalikov A. N. Prospects for the development of forensic investigation methods // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – S. 127-133.
11. Yashin A. V., Frolova T. A. Improvement of forensic methods in the context of digitalization of society // Bulletin of the Penza State University. – 2022. – No. 1. – P. 40-44.
CRIMINAL PROCESS
SAVITSKAYA YULIYA PETROVNA
Ph.D. in sociological sciences, Tyumen Industrial University
SKIFSKAYA Kseniya Nikolaevna
magister student of the Institute of State and Law of the Tyumen State University
FORENSIC EXAMINATIONS AS KEY EVIDENCE IN THE INVESTIGATION OF CRIMINAL CASES OF INCITEMENT TO SUICIDE
This work is part of a series of scientific articles by the authors on the topic of criminal suicide. In this work, the authors consider the criminal procedural problems of assigning certain types of forensic examinations in the investigation of criminal cases of incitement to suicide. The authors typical consider errors in the formulation of questions by the preliminary investigation bodies to experts when prescribing a forensic psychological examination. The main recommended questions for experts during forensic psychological and linguistic examinations are formulated.
Keywords: suicide, suicide, psychological examination, linguistic examination, incitement to suicide, investigative examination, interrogation of witnesses.
Work bibliographic list
1. Ilyin N. N. Topical issues of the investigation of incitement to suicide // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1. – P. 100-104.
2. Puchnina M. Yu. Criminal suicide of minors: criminological and criminal law countermeasures: author. dis. … cand. legal Sciences. – Kursk, 2019. – 25 p.
3. Shargorodsky M. D. Responsibility for crimes against a person. – L .: Leningrad Publishing House. state un-ta, 1953. – S. 42.
4. Kravchuk VL Problems of guilt in crimes against life: author. dis. … cand. legal Sciences. – M., 2006.
5. Buryakovskaya E. V. Criminal law and criminological characteristics of bringing to suicide: dis. … cand. legal Sciences. – St. Petersburg, 2020. – 228 p.
6. Bryanskaya E. V., Samarin V. I. Expert opinion and testimony of witnesses as key evidence in criminal cases of incitement to suicide // All-Russian Journal of Criminology. – 2019. – V. 13. No. 6. – S. 971-979.
7. Safuanov F. S. Actual theoretical and methodological problems of a complex forensic psychological and psychiatric examination // Psychology and Law. – 2011. – Volume 1. No. 2.
8. Sergeev K. A. Criminal law and procedural features of the investigation of criminal offenses under Art. 110, 110.1 CC
CRIMINAL PROCESS
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
PROBLEMS OF PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR
The article is devoted to the issues of ensuring the procedural independence of the investigator during the preliminary investigation, since the fight against crime requires not only the maximum use of law enforcement forces, but also a clear organization aimed at ensuring their high efficiency. The article discusses the issues of improving the procedural status of the investigator, the influence of domestic legal norms on procedural independence and the elimination of gaps in the legislative regulation of the investigator’s interaction with supervisory and supervisory authorities. In addition, the authors paid attention to the tasks and functions of the investigator as a subject of criminal proceedings, the problems of ensuring guarantees of his independence.
Keywords: investigator, preliminary investigation, procedural independence, interaction, control, prosecutor, head of the investigative body.
Article-by-article bibliographic list
1. Ksenafontova I. G. The investigator as a participant in the criminal process and the criminal procedural functions performed by him // Academic journalism. – 2021. – No. 9-2. – S. 74-81.
2. Volodin I. N. Some debatable issues of independence of the investigator in the Russian criminal proceedings // Activities of law enforcement agencies in modern conditions. – 2021. – S. 163-166.
3. Babich A. V. Procedural autonomy and independence of the investigator as the basis of his status in criminal proceedings: dis / … cand. legal Sciences: 12.00.09 / Babich Andrey Vladimirovich. – Saratov, 2012. – P. 11.
CRIMINAL PROCESS
DOMOVETS Svetlana Sergeevna
Ph.D. in Law, associate professor of Criminalistic sub-faculty of the Educational and Scientific Complex on the Preliminary Investigation in the Interior Bodies of the Volgograd Academy of the MIA of Russia
SINKEVICH Veronika Viktorovna
Ph.D. in Law, associate professor of Criminal process sub-faculty of the Educational and Scientific Complex on the Preliminary Investigation in the Interior Bodies of the Volgograd Academy of the MIA of Russia
FEATURES OF THE APPOINTMENT AND PRODUCTION OF FORENSIC TAX EXAMINATIONS IN THE INVESTIGATION OF CRIMES IN THE FIELD OF ECONOMIC ACTIVITY: PROBLEMS, SOLUTIONS
The article attempts to consider the specifics of the appointment and production of a forensic tax examination in the disclosure and investigation of crimes in the field of economic activity. The author points out the features of the study of accounting documents, analyzes the existing problems in the context of the appointment and production of the specified expertise, and offers options for minimizing the existing problems.
Keywords: economic crimes, method of committing a crime, material damage, accounting documents, calculations, forgery, theft, abuse.
Work bibliographic list
1. Official website of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/32515852/ (date of access: 10/24/2022).
2. Domovets S. S. Features of the investigation of tax evasion by construction organizations: dis. … cand. legal Sciences. – Volgograd Academy of the Ministry of Internal Affairs of Russia. Volgograd, 2008.
3. Federal Law of the Russian Federation of May 31, 2001 No. 73 FZ “On State Forensic Activities in the Russian Federation”.
4. Order of the Ministry of Internal Affairs of Russia dated June 29, 2005 No. 511 (as amended on May 30, 2022) “Issues of organizing the production of forensic examinations in forensic divisions of the internal affairs bodies of the Russian Federation” (together with the “Instruction on organizing the production of forensic examinations in forensic subdivisions of the internal affairs bodies of the Russian Federation”, “List of types (types) of forensic examinations carried out in forensic subdivisions of the internal affairs bodies of the Russian Federation”) (Registered in the Ministry of Justice of Russia on August 23, 2005 No. 6931).
CRIMINAL PROCESS
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, head of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ANISIMOV Anton Alexandrovich
postgraduate student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
KHACHATRYAN Robert Edikovich
magister student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
CRIMINALIZATION OF RESPONSIBILITY FOR EXTORTION: MAIN STAGES
The article is devoted to the analysis of the stages of criminalization of responsibility for extortion, with its gradual transition from the civil-legal plane to the criminal-legal one. The approaches of the pre-revolutionary and Soviet legislators are of interest, the authors have studied the modern period of development, identified its features and problematic aspects that require normative replenishment and scientific research.
Keywords: mental coercion; blackmail; bondage; subsidiary nature; selfish purpose; threat; property crime; tightening of sanctions.
Work bibliographic list
1. Tishchenko E. I. To the question of the development of criminal legislation on responsibility for extortion in the history of Russia // E-SCIO. 2021. No. 4 (55). pp. 247-256.
2. Moizel A. S. Criminal liability for corruption crimes: history and modernity. – Direct text // Young scientist. 2019. No. 46 (284). pp. 172-175.
3. Danilin S. S. Problems of differentiation of extortion and coercion to make a transaction or to refuse to make it // Fight against crime: theory and practice: collection of articles. articles intl. scientific-practical. conf. Mogilev, 2015. Part 2. S. 75-78.
4. Zabolotnev A. M. The history of the development of criminal liability for extortion in Russia // Development of scientific management tools. Article in the Proceedings of the SUSU Conference. 2017. S. 65-67.
5. Nikitin Yu. A. The history of the development of responsibility for extortion in domestic criminal law and legislation // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2016. No. 1. S. 69-72.
6. Selivanova A. D. On some issues of qualification of extortion. – Text: direct // New legal bulletin. 2020. No. 6 (20). pp. 66-69.
7. Kapustin S. P. Problems and features of the qualification of extortion. – Text: direct // Young scientist. 2019. No. 25 (263). pp. 297-299.
8. Zveryaka V. A. Criminal liability for extortion // Problems of law: theory and practice. 2020. No. 50. S. 73-81.
CRIMINAL PROCESS
SHAVKAROVA Elena Evgenjevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
HISTORY OF THE FORMATION AND DEVELOPMENT OF THE INSTITUTE OF PRE-TRIAL COOPERATION AGREEMENT IN RUSSIAN CRIMINAL PROCEEDINGS
The article reveals the history of the origin ofthe institute of pre-trial agreement in Russian criminal proceedings. The purpose of the pre-trial agreement is to identify, suppress and solve serious crimes, to bring to justice the entire range of persons who commit crimes as part of criminal groups. Particular attention is paid to the reflection of this institution in the regulations from the time of Russkaya Pravda to the present, as well as its transformation taking into account foreign experience.
Keywords: criminal proceedings, pre-trial agreement, organized group.
Work bibliographic list
1. Pobedkin A. V., Yashin V. N. Some problems of the institution of a pre-trial agreement on cooperation and ways to solve them // Izvestiya of the Tula State University. – 2022. – No. 1. – P. 51-57.
2. Glebov V. G., Kostenko N. S., Ruchkin V. A. Evaluation of the effectiveness of the application of a pre-trial cooperation agreement in Russian criminal proceedings. Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (35). – S. 96-100.
3. On amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation (on the introduction of a special procedure for issuing a court decision when concluding a pre-trial cooperation agreement): Draft federal law No. 485937-4. [Electronic resource]. – Access mode: “Garant” (date of access: 09/03/2022).
4. Fomina E. R. Permissibility of concluding a pre-trial agreement on cooperation at the stage of conducting an inquiry // Scientific almanac. – 2022. – No. 1-2 (87). – S. 152-153.
5. Report on the number of persons prosecuted and types of criminal punishment for 2021 // Official website of the Judicial Department under the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://cdep.ru (date of access: 05.10.2022).
CRIMINAL PROCESS
FETISHCHEVA Lidiya Mikhaylovna
Ph.D. in Law, associate professor of Criminal process and forensic science sub-faculty of the Perm Institute of the FPS of Russia
SHUBINA Ekaterina Pavlovna
cadet of the 2nd course of the Perm Institute of the FPS of Russia
SOME ASPECTS OF THE INTERACTION OF OPERATIONAL UNITS OF THE PENAL ENFORCEMENT SYSTEM WITH THE BODIES OF PRELIMINARY INVESTIGATION
This article reveals aspects of the interaction of operational units of the penal enforcement system with the preliminary investigation bodies. Despite the presence of different functional responsibilities in these bodies, as well as a rather strong difference in the structure and main areas of activity, they constantly interact with each other. Such interaction is aimed at improving the functioning, and better detection of crimes and reducing their prevalence among convicts serving sentences.
Keywords: convicts, operational investigative activities, operational investigative measures, operational units, preliminary investigation bodies, special agent, agent.
Work bibliographic list
1 Bezlepkin B. T. Handbook of the investigator and interrogator. – M .: Prospekt, 2016. Handbook of the investigator and interrogator. – 4th ed., revised. and additional – Moscow: Prospekt, 2016. – 252 p.
2 Pyankov M. N. Interaction of operational units of pre-trial detention centers of the penitentiary system of the Russian Federation // Education and Law. – 2020. – No. 7. – P. 295-299. – DOI 10.24411/2076-1503-2020-10757. – EDN GZSTHL.
3 II International Penitentiary Forum “Crime, Punishment, Correction” (on the occasion of the 20th anniversary of the entry into force of the Penal Code of the Russian Federation): Sat. abstract ledge. and report. participants (Ryazan, November 21–23, 2017): in 8 vols. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2017. – Vol. 7: Materials of round tables “Implementation of operational-search activities in penitentiary institutions at the present stage” , “Science and practice in ensuring the regime in penitentiary institutions”, “Canine support for the activities of the Federal Penitentiary Service of Russia: theoretical foundations and practical experience.” – 2017. – 435 p.
CRIMINAL PROCESS
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
CONCEPT AND LEGAL PROPERTIES OF EVIDENCE IN CRIMINAL PROCEEDINGS
To date, the process of proof in criminal proceedings has gone beyond the purely procedural framework and has grown into the science of proof, which, through many years of accumulation of knowledge and experience, has made it possible to rethink some of the established provisions of proof. In order to bring the guilty person to criminal responsibility, it is necessary that his guilt be substantiated, reasoned and proven from the point of view of the law on the principle of “the existence of the fact of a crime committed and the guilt of a particular person or group of persons in its commission.” The article discusses the concept of evidence, analyzes their inherent mandatory legal properties, reveals their practical component. The importance of a meaningful approach to the study of evidence and their legal properties in order to make a fair and legal decision in a criminal case is being updated.
Keywords: evidence, criminal process, concept, legal properties, relevance, admissibility, reliability, sufficiency.
Work bibliographic list
1. Mironova G. A. Collection and formation of criminal evidence as elements of the process of proof: concept, content, ratio // Criminalistics: yesterday, today, tomorrow. – 2020. – No. 3. – S. 200-207.
2. Rogava I. G., Kruglikova D. A. Evidence in criminal proceedings // International Journal of the Humanities and Natural Sciences. – 2019. – No. 1. – P. 10-12.
CRIMINAL PROCESS
Alieva Ilhama Siyafar
dissertation student of Criminal process sub-faculty of the Baku State University
CONCEPT OF CRIMINAL LIABILITY OF LEGAL ENTITIES, HISTORICAL DEVELOPMENT
The article considers the history of the legal entities’ accountability, their responsibility in the regulation of developed countries, the general classification of legal entities of Anglo-Saxon and Romano-Germanic legal families, categories of legal entities, structures of the responsibility of legal entities in individual countries, the conditions for their release. Criminal law covers legal entities’ liability, statutory obligations, collective responsibility matters, sorts of punishments applied to legal entities, and their application’s specifics.
Keywords: legal entities, personality, criminal law, history of theory, liability.
References
1. Volzhenkin B. V. Criminal liability of legal entities. – SPb., 1998. – S. 186.
2. Smirnov G. Prospects and conditions for the introduction of the Institute of Criminal Liability of Legal Entities in Russia // Criminal Law. – 2011. – no. 2. – S. 76, 77.
3. Mehmet Emin Artuk,-Ahmet GOkCHen, A. Caner Yenidunya, General Provisions of Criminal Law. – Ankara, 2002. – P. 639.
CRIMINAL PROCESS
GADADOV Israfil Saidovich
postgraduate student of the 2nd year of study of the Russian State University of Justice
THE ROLE OF THE INVESTIGATOR IN THE FORMATION AND EVALUATION OF EVIDENCE IN CRIMINAL PROCEEDINGS
The main subject of proof at the stage of preliminary investigation is the investigator. According to the authors, the investigator is an independent subject of the obligation of proof in criminal cases. The investigator is given broad powers to carry out evidence during pre-trial proceedings in criminal cases. The authors of the article call upon the investigator, in accordance with the procedure provided for by the criminal procedure law, to express an opinion on the legal facts and circumstances established in the case, to collect and present evidence, as well as their sources, independently verify or participate in their verification and evaluation, formulate conclusions and procedurally significant decisions. The investigator’s work with evidence at the preliminary investigation is responsible, since errors of proof can lead to judicial errors.
Keywords: the concept of proof, investigator, investigation, judicial error, structure and elements of proof, subject of criminal procedural proof.
Work bibliographic list
1. Ignatov S. D. The status of the investigator as a subject of criminal procedural proof // Bulletin of the Udmurt University. – 2015. – No. 2. – P. 101-106.
2. Criminalistics: Textbook for legal. schools / A. I. Vinberg and B. M. Shaver; All-Union. in-t jurid. Sciences, Ministry of Justice of the USSR. – 4th ed., add. – Moscow: State. Publishing House of Law. lit., 1950 (Leningrad: Typ. “Pech. Dvor”). – 272 p.
3. Lupinskaya P. A. Decisions in criminal proceedings: theory, legislation, practice. 2nd ed., revised. and additional – M.: Norma, Infra-M, 2010. – 240 p.
4. Sadovsky AI Problems of formation of evidence by the investigator using special knowledge and technical means: abstract of the dissertation for the degree of candidate of legal sciences: specialty 12.00.09. – Saratov, 2013. – 30 p.
CRIMINAL PROCESS
LEVICHEV Danila Aleksandrovich
competitor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
THE ROLE AND SIGNIFICANCE OF THE PROSECUTOR’S SUPERVISION OVER THE ACTIVITIES OF THE PRELIMINARY INVESTIGATION BODIES
The article analyzes the provisions of domestic legislation, the opinions of individual researchers regarding the attribute characteristics of prosecutorial and supervisory activities in the field of criminal proceedings. The existing problems in the regulatory and legal regulation of the activities of prosecutors are outlined, and attempts have been made to assess the role and importance of prosecutors in overseeing the activities of preliminary investigation bodies at the present stage.
Keywords: prosecutor, prosecutor’s office, prosecutor’s supervision, preliminary investigation, investigation, inquiry, legality, law and order.
Work bibliographic list
1. Lang P.P. Human Rights Activities: Legal and Moral Aspects // Legal Bulletin of Samara University. – 2021. – V. 7. No. 2. – S. 14-20.
2. Lang P.P., Loshkarev A.V., Obukhova E.A. Bodies of prosecutors as subjects of administrative and tort relations // Institutional transformation of the legal environment in the context of digitalization of the economy: Proceedings of the VII International Scientific and Innovation Forum “How to Survive in a Digital era?” Samara, April 22-26, 2019. – Samara: Samara State University of Economics, 2019. – P. 188-192.
3. Prosecutor’s supervision: textbook and workshop for universities / A. F. Smirnov [et al.]; edited by A. F. Smirnov, A. A. Usachev. – 3rd ed., revised. and additional – Moscow: Yurayt Publishing House, 2021. – 483 p.
4. Churikova A. Yu. Topical issues of the prosecutor’s activities at the stage of preliminary investigation // Vestnik PAGS. – 2010. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-deyatelnosti-prokurora-na-stadii-predvaritelnogo-rassledovaniya (date of access: 09/15/2022).
5. Shabanov E. R. Prosecutorial supervision of the preliminary investigation: problems and development prospects // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (23). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prokurorskiy-nadzor-za-predvaritelnym-sledstviem-problemy-i-perspektivy-razvitiya (date of access: 09/15/2022).
6. Karyagina A. V. Problems of organizing prosecutorial supervision over the execution of laws by bodies carrying out preliminary investigation // Bulletin of TIUE. – 2020. – No. 2 (32). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-organizatsii-prokurorskogo-nadzora-za-ispolneniem-zakonov-organami-osuschestvlyayuschimi-predvaritelnoe-sledstvie (date of access me: 09/15/2022).
7. Lang P.P. Ideas of the Good in Law // Questions of Economics and Law. – 2020. – No. 142. – P. 15-19.
8. Lang P.P. Axiological principles of law // Russian justice. – 2018. – No. 8. – P. 2-4.
9. Criminal procedure law of the Russian Federation at 2 pm Part 1: textbook for universities / G. M. Reznik [and others]; under the general editorship of G. M. Reznik. – 3rd ed., revised. and additional – Moscow: Yurayt Publishing House, 2021. – 457 p.
CRIMINAL PROCESS
TITENKO Yuliya Evgenjevna
student of the 4th year of the School of the Law of the Far Eastern Federal University (Supervisor: Ph.D. in Law, associate professor, Head of Justice, prosecutorial supervision and criminalistics sub-faculty of the Law School of the Far Eastern Federal University A. F. Rekhovsky)
THE PROSPECT OF LITIGATION IS THE SPECIFIC INSTITUTION OF CRIMINAL PROCEEDING
In this research work the author examines the legal prospects that often takes place in law practice.
The author analyzes current legal norms of institution of criminal proceeding and the lawyers’ opinions about legal prospects. Moreover, some examples of criminal cases with different legal prospects were studied for special examination of the problem.
Keywords: criminal case, institution of criminal proceeding, legal prospects, forecasting, elements of actus reus, components of crime, fact in evidence, decision, prospective assessment, criminal proceedings.
Work bibliographic list:
1. The Criminal Code of the Russian Federation [Electronic resource]: fed. Law of June 13, 1996 No. 63-FZ. Access from the reference-legal system “Garant”. dated June 13, 1996 No. 63-FZ
2. Code of Criminal Procedure of the Russian Federation [Electronic resource]: fed. Law of December 18, 2001 No. 174-FZ. Access from the reference-legal system “Garant”.
3. Magomedov Sh.K. The problem of the grounds for initiating a criminal case // Education. The science. Scientific personnel. 2019. No. 2. S. 103-105.
4. Mursalov A. S. Reasons and grounds for initiating a criminal case // Law and law. 2019. No. 10. S. 108-109.
5. The results of the activities of the prosecutor’s office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/activity/statistics/office/result (date of access: 09/23/2022).
6. Judicial perspective on a criminal case. [Electronic resource]. – Access mode: https://sarjurcomp.ru/index.php/stati2/obzor-rossijskoj-sudebnoj-praktiki-2/63-sudebnaya-perspektiva-po-ugolovnomu-delu-i-ee-znachenie-dlya-rassledovaniya ( date of access: 24.09.2022).
7. Explanatory Dictionary of Ozhegov and Shvedova. [Electronic resource]. – Access mode: https://gufo.me/dict/ozhegov/forecast (date of access: 24.09.2022).
8. Prospect of litigation Definition. [Electronic resource]. – Access mode: https://www.lawinsider.com/dictionary/prospect-of-litigation (accessed 23.09.2022).
CRIMINAL PROCESS
TREGUBOVA Ekaterina Anatoljevna
lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
FEATURES OF THE PRESENTATION OF EVIDENCE TO THE COURT DURING THE EXECUTION OF THE SENTENCE BY THE STAFF OF THE PENAL INSPECTION
The article analyzes the collection and presentation of evidence to the court during the execution of the sentence by the staff of the penal inspection. The stage of execution of the sentence contains a number of differences from other stages of the criminal process, since there is no criminal prosecution, the guilt of the person against whom the court verdict was passed and executed has been proven. However, this stage is characterized by a large number of issues that, when executing a sentence, are subject to resolution only in court. Consideration of the merits of these issues and the issuance of a lawful, reasoned decision by the court is possible only if there is appropriate evidence, which is presented by the staff of the penal enforcement inspectorate.
Keywords: criminal employee, representation, proof, court, resolution.
Work bibliographic list
1. Darovskikh S. M. The mechanism for implementing the principle of competition at the stage of execution of the sentence // Bulletin of the South Ural State University. – Series: Law. – 2009. – No. 17. – P. 23.
2. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions / Russian Academy of Sciences. Institute of the Russian Language. V. V. Vinogradova. – 4th ed., supplemented. – M.: Azbukovnik, 1998. – S. 172.
3. Strogovich M. S. Criminal trial. – M., 1946. – P.120.
4. Khmyrov A. A. Theory of proof. Proc. allowance. – Krasnodar, 2006. – P. 10.
CRIMINAL AND EXECUTIVE LAW
BEVZ Leonid Vladimirovich
senior lecturer of Mobilization and tactical-special training sub-faculty of the Academy of the FPS of Russia
ON THE ISSUE OF THE READINESS OF THE FORCES AND MEANS OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION IN CASE OF COMPLICATION OF THE OPERATIONAL SITUATION AND MEASURES TO IMPROVE IT
The author in the article considered the concepts of “emergency circumstances”, “emergency situation”, “operational situation” in relation to the bodies and in institutions of the penal enforcement system, identified the main features and gave a classification of emergency circumstances.
Taking into account the restrictive measures taken to counteract the spread of the new coronavirus infection COVID-19, the work on maintaining the readiness of the forces and means of the penal system of the Russian Federation is analyzed. The analysis of the current situation revealed the main shortcomings in the implementation of the requirements of the Decree of the Government of the Russian Federation dated 11/14/2014 1193 “On approval of the requirements for anti-terrorist protection of objects (territories) of the penal enforcement system and the form of the safety passport of objects (territories) of the penal enforcement system” in the territorial bodies of the Federal Penitentiary Service of Russia and educational organizations of the Federal Penitentiary Service of Russia, to which the author proposed the main directions for improving the current situation.
Keywords: emergency circumstances, emergency situation, operational situation, mass riots, anti-terrorist security, COVID-19 coronavirus infection, facility safety data sheet.
Work bibliographic list
1. Sukhov A. N. Communication of convicts under emergency circumstances in ITU. – Ryazan: Higher School of the Ministry of Internal Affairs of the USSR, 1984.
2. Vasilkevich Ya. I. Organizational and legal basis for the activities of the fire and rescue service of the Ministry of Internal Affairs of the Russian Federation in emergency situations: Dis. … cand. legal Sciences. – M., 1993.
CRIMINAL AND EXECUTIVE LAW
KOVAL Mikhail Ivanovich
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute of Training of Public Servants of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
ADMINISTRATIVE AND LEGAL ASPECTS OF THE ACTIVITIES OF CORRECTIONAL CENTERS OF THE FEDERAL PENITENTIARY SERVICE OF THE RUSSIAN FEDERATION
The article discusses the legislative provisions of the use of forced labor as one of the types of punishment. The stages of its formation and application from the position of executive bodies are analyzed. The practical features of the activity of correctional centers are considered, using the example of the Federal Penitentiary Service of Russia in the Ryazan region. Attention is focused on the effectiveness of its wider application and execution, taking into account the adaptation of convicts and the prevention of offenses.
Keywords: correctional centers, forced labor, imprisonment, convicts, penal enforcement system, Federal Penitentiary Service, labor adaptation center, offenses, decriminalization of persons.
Work bibliographic list
1. Federal Law of December 7, 2011 No. 420-FZ (as amended on July 3, 2016) “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” // Collected Legislation of the Russian Federation. – 12.12.2011. – No. 50. – Art. 7362.
2. Law of the Russian Federation of July 21, 1993 No. 5473-1 (as amended on May 26, 2021) “On Institutions and Bodies Executing Criminal Punishments in the Form of Deprivation of Liberty” // Gazette of the SND and the Armed Forces of the Russian Federation. – 19.08.1993. – No. 33. – Art. 1316.
3. 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. – 05/17/2021. – No. 20. – Art. 3397.
4. Order of the Ministry of Justice of the Russian Federation of 01.04.2008 No. 80 “On approval of the approximate Regulations on the Center for labor adaptation of convicts or the training and production (labor) workshop of an institution executing criminal penalties in the form of deprivation of liberty, and the approximate Regulations on the medical and industrial (labor) workshop institutions executing criminal sentences in the form of deprivation of liberty “(Registered in the Ministry of Justice of the Russian Federation on 04/09/2008 No. 11495) // Rossiyskaya Gazeta. – No. 82. – 04/16/2008.
5. Order of the Ministry of Justice of Russia dated December 26, 2019 No. 323 “On approval of the Procedure for the creation and functioning of sections of correctional centers located outside correctional centers, but within the constituent entities of the Russian Federation on whose territory they are located” (Registered in the Ministry of Justice of Russia on January 21, 2020 No. 57211 ) // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 01/21/2020.
6. Decree of the Federal Penitentiary Service of the Russian Federation of October 31, 2009 No. 313-r “On the preparation of contracts for the provision of services for the provision of labor” (together with the “Methodological recommendations for the preparation of contracts for the provision of services for the provision of labor from among convicts when organizing interaction with third-party partners ”) // Gazette of the penitentiary system. – No. 8. – 2010.
CRIMINAL AND EXECUTIVE LAW
KOROLCHUK Olga Olegovna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
THE FUNCTIONS OF PUBLIC ORGANIZATIONS IN THE CORRECTION OF JUVENILE CONVICTS
The article analyzes the legal status of the possibilities of public organizations in the educational of juvenile convicts, examines the practice of cooperation between public organizations and bodies of the penitentiary system that work with a contingent of this kind. The issues of attracting religious organizations and the formation of volunteer detachments to the educational process, the need for special training of representatives of public organizations to obtain the right to work with the appropriate contingent have been worked out, accents in the practical daily work of public organizations have been outlined. The mechanisms of education of convicts, the effectiveness of the use of free time, the performance of spiritual, moral and patriotic education, the development of the desire for socially useful activities, providing social support to the population are considered. It is planned to expand the tools for educating juvenile convicts in the form of preparing instructions on the procedure for the activities of volunteer detachments.
Keywords: public associations, public organizations, human rights organizations, criminal enforcement inspection, minor, volunteering, correction, prevention of repeat crime.
Work bibliographic list
1. Zubkova V. I. On some issues of the implementation of the Concept for the development of the penitentiary system of the Russian Federation until 2025 // Criminal Executive Law. – 2021. – V. 13 (1-4). – No. 3. – S. 295.
2. Ignatenko V. I. Prevention of antisocial lifestyle and recidivism of juvenile crimes. Monograph. – Ryazan: RGGU publishing house, 2021. – P. 130.
3. Levanov A. Yu. The place and role of the Orthodox Church in the domestic penitentiary policy // Man: crime and punishment. – 2018. – No. 4. – P. 36.
4. Decree of the Government of the Russian Federation of December 27, 2018 No. 2950-r “On Approval of the Concept for the Development of Volunteering (Volunteering) in the Russian Federation until 2025”.
CRIMINAL AND EXECUTIVE LAW
KURBANMAGOMEDOV Magomed Ramazanovich
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alekseevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF LEGAL REGULATION OF THE ORGANIZATION OF EDUCATIONAL INFLUENCE ON CONVICTS
The article discusses some aspects of the legal regulation of the organization of educational influence on convicts. The analysis of statistical data and judicial practice in cases of this category allowed the author to come to the conclusion that, in its content and essence, educational work is generally psychological and pedagogical, and not legal activity. It influences convicts mainly for educational purposes and is used exclusively by its own means, forms and methods.
The authors comes to the conclusion that the legal regulation of educational work of convicts deprived of liberty is the main factor of their socialization; educational work with convicts in penitentiary institutions is regulated by legislative acts; at present, the level of legal regulation of educational work in places of deprivation of liberty does not correspond to its practical application; insufficient legal regulation of educational and social work in places of deprivation of liberty, it is an obstacle to the rehabilitation of convicts.
Keywords: educational work, convict, correctional colonies, penal colonies, prisons, deprivation of liberty.
Work bibliographic list
1. Official website of the Federal Penitentiary Service. – [Electronic resource]. – Access mode: http://fsin.rf/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/
2. Antonyan E. A., Antonyan Yu. M. Russian course of penal law. – M.: Elit, 2013. – 696 p.
3. Detkov M. G. Educational work as the main means of influencing convicted persons // Bulletin of the Samara Humanitarian Academy. Right. – Samara: Samar Publishing House. humanit. Acad., 2016. – No. 2. – P. 46-55.
4. Zubarev S. M. Penitentiary law: a short course of lectures. – M.: Yurayt, 2016. – 176 p.
5. Malinin V. B., Smirnov L. B. Penal law: a textbook for law schools and faculties. – M.: Wolters Kluver, 2009. – 368 p.
6. Orlov VN Penitentiary law: teaching aid. – M.: Ileksa, 2009. – 256 p.
7. Petrenko N. I. Formation and development of the management of the penitentiary system in Russia. – Cheboksary: ChKI MUPC, 2002.
8. Tagantsev N. S. Russian criminal law. – Tula: Autograph, 2001. – 800 p.
9. Trunov I. L. Penitentiary law of the Russian Federation. – M.: Eksmo, 2014. – 768 p.
CRIMINAL AND EXECUTIVE LAW
NASREDDINOVA Kristina Alexandrovna
Ph.D. in Law, associate professor, Head of Criminal and, criminal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
KAMENEVA Iraida Mikhaylovna
cadet oft he 4th course of the Samara Law Institute of the FPS of Russia
FEATURES OF INTERACTION OF INSTITUTIONS EXECUTING PUNISHMENTS WITH CIVIL SOCIETY DURING THE PANDEMIC
Public control over the activities of institutions and bodies of the penal enforcement system of the Russian Federation is an effective mechanism to guarantee the observance of the rights, freedoms and legitimate interests of convicts, suspects and accused persons in places of forced detention. During the period January-December 2021, 3030 visits were made by members of public monitoring commissions (hereinafter referred to as PMC) to institutions executing sentences, 390 meetings of commissions of correctional institutions were held, considering issues related to the realization of the rights and legitimate interests of convicts, in which members of the PMC participated.
The authors consider the key points related to the organization of public control over the activities of medical institutions during the period of coronavirus infection (COVID-19). The individual points of the methodological recommendations to the members of the ONC are analyzed, which provide for the preferential control over the rights and legitimate interests of persons held in places of forced detention in a remote format.
The authors concluded that the introduction of digital technologies (videoconferencing, telemedicine, etc.) into the activities of institutions executing sentences is an effective and promising way to improve the procedure for the execution and serving of sentences.
In addition, the paper presents the results of a survey of convicts on the use of videoconferencing and telemedicine in practice in one of the colonies of the Federal Penitentiary Service of Russia in the Samara region.
In conclusion, it was concluded that in order for the interaction of the Federal Penitentiary Service of Russia with public associations to be effective, in order to increase the level of trust of citizens, it is necessary to change the vector and be ready to become a more open system for the public.
Keywords: FPS of Russia, pandemic, public associations, public monitoring commissions, new forms and methods, coronavirus infection, telemedicine, VCS.
Work bibliographic list
1. Key performance indicators of the penitentiary system January-December 2021: information and analytical collection. – Tver: FKU NIIT FSIN of Russia, 2021. – 406 p.
2. The Federal Penitentiary Service of Russia reports // Federal Penitentiary Service of Russia. Home. News: official site. [Electronic resource]. – Access mode: https://fsin.gov.ru/news/index.php?ELEMENT_ID=502612 (date of access: 06/06/2022).
3. Based on the materials of the extended meeting of the HRC Working Group on Assistance to PMCs and Penitentiary Reform // Council under the President of the Russian Federation for the Development of Civil Society and Human Rights. [Electronic resource]. – Access mode: http://onk.su/news/1760.html (accessed 06/20/2022).
4. Skiba A.P., Maloletkina N.S. Public control over the activities of the penitentiary system: the subject and types of subjects // Bulletin of the Samara Law Institute. – 2020. – No. 2 (38). – S. 69.
5. First Aid Library // Federal Penitentiary Service of Russia. Home. For relatives: official site. [Electronic resource]. – Access mode: https://fsin.gov.ru/For_families/biblioteka-pervoy-pomoshchi/ (date of access: 06/06/2022).
6. The Federal Penitentiary Service, together with the Public Chamber of the Russian Federation, held a “direct conversation” with representatives of the POC // Federal Penitentiary Service of Russia. Home. News: official site. [Electronic resource]. – Access mode: https://fsin.gov.ru/news/index.php?ELEMENT_ID=601389 (date of access: 06/06/2022).
CRIMINAL AND EXECUTIVE LAW
MINKOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Management and organization of the UIS sub-faculty of the Academy of the FPS of Russia
LABOR ADAPTATION IN THE PROCESS OF RESOCIALIZATION OF THOSE SENTENCED TO IMPRISONMENT
The article is dedicated to the problem of labor adaptation of convicts in correctional institutions of the penitentiary system. The cardinal changes that have taken place in the penitentiary policy of Russia have conceptually changed the approach to assessing the labor activity of the special contingent and put its importance in the process of resocialization and social adaptation of convicts through the formation of socially useful labor and professional skills in them, which should be in demand in the post-penitentiary period. All of the above confirms the need to find new approaches to improve the efficiency of labor adaptation of convicts to deprivation of liberty.
Keywords: labor adaptation, sentenced to deprivation of liberty, efficiency of labor activity, production sector of the penitentiary system, correctional institution.
Work bibliographic list
1. Dyatlov Yu. N. Conceptual issues of labor adaptation of convicts in the context of the current stage of penitentiary development policy // Technique and safety of objects of the penitentiary system: collection of materials of the International scientific and practical conference: in 2 volumes, Voronezh, May 20-21, 2020. – Voronezh: Publishing and Printing Center “Scientific Book”, 2020. – P. 13-16.
2. Emelyanova E. V., Popova T. V. Economic and organizational and legal basis for the labor adaptation of convicts sentenced to deprivation of liberty in Russia: a study guide. – Vladimir: VUI FSIN of Russia, 2010. – 259 p.
3. Karpets I. I. The cause we serve. – M., 1989. – 356 p.
4. Minkova E. A. Employment of convicts in the process of determining penitentiary crime // Man: crime and punishment. – 2014. – No. 4 (87). – S. 121-125.
5. Shamsunov S.Kh. Modern problems of labor organization and social rehabilitation of convicts, taking into account the requirements of international standards // Penitentiary system: law, economics, management. – 2006. – No. 5. – S. 2-8.
CRIMINAL AND EXECUTIVE LAW
POPOVA Elena Eduardovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Russian State University of Justice
LEGAL REGULATION OF THE PARTICIPATION OF PUBLIC ASSOCIATIONS IN EDUCATIONAL WORK WITH CONVICTS REGISTERED WITH THE CRIMINAL EXECUTIVE INSPECTIONS
Taking into account the consistent decrease in the number of persons held in institutions of the penal enforcement system, while increasing the number of convicts registered with the penal enforcement inspections, it is relevant to study the scope of execution of punishments not related to the isolation of convicts from society.
In the article, the author examines the issues of legal regulation of educational work with convicts who are registered by the penal enforcement inspections, as well as participation in such activities of public associations and the consolidation of their powers in the penal enforcement legislation.
Keywords: penal enforcement inspections; criminal penalties; confirmed person; execution of punishments; educational work; public associations.
Work bibliographic list
1. Seliverstov V. I. The concept of developing a scientific and theoretical model of the General part of the Penitentiary Code of the Russian Federation / The general part of the new Penitentiary Code of the Russian Federation: results of theoretical modeling / Ed. Doctor of Law, Professor V. I. Seliverstov. – M.: Publishing House “Jurisprudence”, 2016. – 80 p.
2. Popova E. E. The problem of legal regulation of society’s participation in penitentiary activities according to the scientific and theoretical model of the Penal Code of the Russian Federation // Gaps in Russian legislation. – 2016. – No. 7. – P. 136-139.
CRIMINAL AND EXECUTIVE LAW
PROKHOROVA Mariya Vladimirovna
Ph.D. in Law, Head of Organization of the execution of punishments sub-faculty of the FKU DPO Tomsk IPKR of the FPS of Russia, lieutenant colonel of internal service
INTERDEPENDENCE OF PERCEPTION BY EMPLOYEES OF EDUCATIONAL COLONIES OF THE USE OF INCENTIVE MEASURES FOR CONVICTS AND EVALUATION OF THEIR EFFECTIVENESS
The application of incentive measures to convicts held in educational colonies is aimed at positively stimulating their behavior during the period of serving their sentence and contributes to the effective achievement of the goals of the penitentiary legislation of the Russian Federation. At the same time, the very procedure for the implementation of incentive measures depends not only on its legal regulation, but also on the subjective factor, which often determines the choice of one or another incentive measure. Such a subjective factor is the perception of the system of measures to encourage convicts by the employees of educational colonies. In 2019-2022 we conducted a study, the purpose of which was to study the perception by employees of the importance of achieving the goals of the penitentiary legislation, as well as the effectiveness of the implementation of its various institutions, including incentive measures. An analysis of the results of the study led to the conclusion that the system of measures to encourage convicts in its perception by employees of educational colonies is distorted. This requires a complete revision of the existing procedure for the execution of punishment in the form of deprivation of liberty in educational colonies and the system of incentives in particular.
Keywords: convicts, educational colonies, incentive measures, employees, efficiency.
CRIMINAL AND EXECUTIVE LAW
SEVOSTYANOVA Anna Gennadjevna
lecturer of Philosophy and all-humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KHASANOVA Viktoriya Andreevna
cadet of the Samara Law Institute of the FPS of Russia
INTERACTION OF CIVIL INSTITUTIONS OF SOCIETY WITH PENITENTIARY STRUCTURES: EXPERIENCE OF FOREIGN COUNTRIES
The issue of interaction of public structures with penal institutions and bodies in foreign countries is considered. The role of civil society institutions in the observance of the convicts` rights is traced. Attention is drawn to the need for such intereaction in a modern democratic society and state. This article discusses the issue of crime prevention among juvenile delinquents in foreign countries. The methods and techniques used in European countries are recognized as the most effective methods of working with a contingent of this kind. A comparative analysis of the penal system peculiarities abroad is a necessary condition for improving domestic mechanisms of influencing the personality of convicts in the process of their correction.
Keywords: society, civil institutions, penitentiary sphere, religious organizations, probation service.
Work bibliographic list
1. Kovalev N. P. Analytical note “Penitentiary systems: a comparative analysis of organizational and legal forms.” [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30386356&pos=29;-25#pos=29;-25.
2. Melnikova E. B. Juvenile justice: problems of criminal law, criminal procedure and criminology: textbook. allowance. – M .: Delo, 2000. – S. 28.
3. The Law of Georgia “On the procedure for the execution of sentences not related to detention and probation”. [Electronic resource]. – Access mode: https://matsne.gov.ge/ru/document/download/33400/10/ru/pdf.
4. Nellis M. (2007) ‘Humanising Justice: The English Probation Service up to 19 72’. pp. 25-58 in Handbook of Probation, edited by L. Gelsthorpe and R. Morgan. – Cullompton: Willan Publishing.
CRIMINAL AND EXECUTIVE LAW
CHEREZOVA Maria Alexandrovna
Ph.D. in philological sciences, associate professor, Deputy Head of Philosophy and general humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
INDIA’S EXPERIENCE IN THE ISSUE OF SOCIAL WORK WITH CONVICTS
The article offers a research of India’s experience in the field of social work with convicts. The author examines foreign experience in the issue of social and another support of convicts in order to implement the considered experience in penal institutions of the Russian Federation.
Keywords: convicts, social work, reintegration.
Work bibliographic list
1. About Sir Dorabji Tata. [Electronic resource]. – Access mode: https://www.tatatrusts.org/about-tatatrusts/about-sir-dorabji-tata (accessed: 10/18/2022).
2. Gajbhiye V. Varhad: Ensuring proper legal help to needy accused // The Hitavada. [Electronic resource]. – Access mode: https://www.thehitavada.com/Encyc/2022/3/20/Varhad-Ensuring-proper-legal-help-to-needy-accused.html (accessed: 10/18/2022).
3. Give India. [Electronic resource]. – Access mode: https://gi.giveindia.org/ (accessed: 10/18/2022).
4. Kaur N., Roy S. Mental Health Status of Incarcerated Women in India: A Perspective from a Social Worker // Indian Journal of Gender Studies. – 2021. – Vol. 29(1). – P. 113-130.
5. Ram Sh. G. Jhappis in jail: This NGO unites inmates with their children // The Times of India. [Electronic resource]. – Access mode: https://timesofindia.indiatimes.com/home/sunday-times/jhappis-in-jail-this-ngo-unites-inmates-with-their-children/articleshow/65273820.cms (accessed: 18.10. 2022).
6. Ronald Y. Social Work Intervention with Prisoners: The Case of VARHAD in Maharashtra // Rajagiri Journal of Social Development. – 2011. – Vol. 3(182)-P.99-108.
7. Varhad. [Electronic resource]. – Access mode: https://varhad.org/ (accessed: 10/18/2022).
8. Voluntary Action for Rehabilitation and Development: Varhad. [Electronic resource]. – Access mode: https://wiser.directory/organization/voluntary-action-for-rehabilitation-and-development-varhad/ (accessed: 10/18/2022).
CRIMINALISTICS
EROKHIN Roman Anatoljevich
lecturer of Operational investigative activities and special equipment sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
ANTONENKO Alina Eduardovna
lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
PROBLEMS OF LEGISIATION EGISIATION IN THE FIELD, REGULATING THE USE OF SPECIAL CHEMICALS IN THE OPERATIONAL – SEARCH ACTIVITIES OF THE INTERNAL AFFAIRS BODIES
The article presents an analysis of the legal framework regulating the use of special chemical substances by operative units of internal affairs bodies and offers possible solutions to the identified problems, as well as studies the problem associated with the evidential value of the results obtained during the use of special chemical substances by operative units of internal affairs bodies.
Keywords: special chemicals, coloring substances, marking substances, special means, means of identification, chemical traps, passive traps, active traps.
Work bibliographic list
1. Averyanova T. V., Belkin R. S., Korukhov Yu. G., Rossinskaya E. R., Averyanova T. V. Criminalistics: textbook. – 3rd ed., revised. and additional – M.: Norma: Infra-M., 2012. – 944 p.
2. Criminalistics: textbook / Ed. ed. O. V. Chelysheva / St. Petersburg. University of the Ministry of Internal Affairs of Russia. – St. Petersburg: LLC N “R-Kopi”, 2017. – 580 p.
3. Grachev Yu. A., Demidov V. A. Special equipment of internal affairs bodies. Special part: tutorial / Ed. V. A. Demidov. – St. Petersburg: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, LLC “R-Kopi”, 2016. – 232 p.
CRIMINOLOGY
EVLUSHINA Darya Nikolaevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
ON SEPARATE ASPECTS OF CORRUPTION CRIMES
The article discusses the key aspects of corruption-related crimes regarding the causes and conditions for their commission, typical forms and signs of manifestation, as well as the work considers preventive measures for corruption crimes. The author paid attention to the high latency and significant factors that reduce the effectiveness of detecting and investigating crimes in this category of crimes.
Keywords: corruption, crimes, investigator, official, counteraction, prevention.
Work bibliographic list
1. Decree of the President of the Russian Federation of May 19, 2008 No. 815 “On anti-corruption measures” (as amended and supplemented, last dated May 17, 2021)
2. Vlasov I. S., Kolesnik A. A., Koshaeva T. O. et al. Legal acts: anti-corruption analysis. Scientific and practical guide. – Moscow: Contract, Wolters Kluver, 2010. – 176 p.
3. Kufterin A. N., Pushkarev V. V. Investigation of economic crimes and corruption crimes: textbook. – Ryazan, 2016. – 75 p.
4. Makarenko M. M., Pushkarev V. V. Investigation of crimes in the sphere of economy and corruption crimes. Tutorial. – M., 2018. – 200 p.
5. The concept and essence of modern corruption. Scientific article in the Almanac “Young Internationalist”. Issue. No. 11. – Vladivostok, 11/20/2008.
6. Latov Yu. V. Corruption: causes, economic consequences and influence on the development of society // Investigator. – Moscow, 2014. – No. 2 (190). – S. 38-41.
CRIMINOLOGY
ISMAILOV Gadzhimurad Osmanovich
magister student of the 2nd course of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
TAILOVA Aisha Gabibovna
PhD in Law, Associate Professor of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGDILOV Nurmagomed Magomedovich
lecturer of Criminal process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
SEPARATE ISSUES OF CRIMINAL LIABILITY FOR BANDITRY
The article analyzes certain aspects of criminal responsibility for banditry, gives a general description of the composition of the crime. The proposal to reduce the age of criminal responsibility for banditry affects you. the differentiation of banditry from terrorism is given. The analysis of the issues of struggle, prevention, differentiation of banditry is given. Proposals have been made to improve the current legislation providing for criminal liability for banditry.
Keywords: banditry, composition analysis, delineation, complicity, terrorism.
Work bibliographic list
1. Agaeva K. T. Involvement of minors in the commission of a crime and antisocial acts. – Text: direct // Implementation of constitutional principles in modern Russian legislation. – 2016. – No. 2. – P. 30–31.
2. Gaukhman L. D., Maksimov S. V. Responsibility for the organization of the criminal community // Legitimacy. – 1997. – No. 2. – P. 67 – Text: direct.
3. Komissarov V. S. Armament as a sign of banditry // Laws of Russia: experience, analysis, practice. – 2012. – No. 11. – P. 21 – Text: direct.
4. Torkunov M. A. Problems of criminal liability for committing especially grave crimes under the Criminal Code of the Russian Federation. // Law in the Armed Forces. – 2014. – No. 8. – P. 63 – Text: direct.
5. Criminal law of Russia: Textbook for universities: In 2 volumes / Ed. A. N. Ignatova, Yu. A. Krasikova. T. 1: General part. – M.: Norma, 2013. – S. 86.
CRIMINOLOGY
MUSAEV Kazbek Batyrovich
Ph.D. in Law, senior lecturer of Economic, legal and general education disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
MIRZAYEVA Zeynab Zakirovna
senior lecturer of Legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
CRIMINOLOGICAL FEATURES OF THEFT COMMITTED BY MINORS
The article examines the criminological features of thefts committed by teenagers, as well as the personality characteristics of the criminal. The article analyzes some aspects of the current state of thefts in Russia and their dynamics, the reasons for the theft of property by minors. In addition, the article discusses some modern methods of committing thefts.
The main directions of prevention of teenage thefts are considered, as well as the features of the activities of the internal affairs bodies for the prevention and suppression of violent crimes, the problems of interaction of subjects of prevention of juvenile delinquency.
Keywords: prevention, theft, minors, teenagers, internal affairs bodies, mercenary crimes.
Work bibliographic list
1. Criminology / Resp. ed. B. V. Korobeinikov, N. F. Kuznetsova, G. M. Minkovsky. – M., 1988. – S. 349-351.
2. Samosvat N. S. Forensic characteristics of thefts from apartments committed by minors // Science, education and culture. – 2017. – No. 6.
3. Skibin S. N. Features of the investigation of thefts and thefts of cars or other vehicles. – Rostov-on-Don, 2007. – P. 10.
CRIMINOLOGY
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
DAITOVA Patimat Isaevna
senior lecturer of Economics and law and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
COMPREHENSIVE MECHANISM FOR COMBATING CROSS-BORDER TERRORISM
The article analyzes the nature of transnational (international) terrorism as a source of global problems of our time. International terrorism is becoming widespread in the world against the background of escalating contradictions in the interaction of the States. It is particularly important to note that the information revolution taking place against the background of the globalization process is changing the main indicators of international security. A comprehensive national anti-terrorist strategy should address a variety of issues – defense, law enforcement, intelligence, diplomacy, economic development, education, promotion of socio-political justice – in the context of policies that promote national security.
Keywords: international terrorism, transnational terrorism, national security, international cooperation,
Work bibliographic list
1. Alexander Solzhenitsyn, The Gulag Archipelago, cited in Kirsten Ainley, Individual Agency and Responsibility for Atrocities, 49th Annual UIA Convention, San Francisco, March 26-29, 2008.
2. John F. Murphy, “Defining International Terrorism: A Way Out of the Quagmire” (1989) 19 Israel Yearbook on Human Rights 13, 14.
3. Alex P. Schmid and Albert J. Jongman, Political Terrorism: A New Guide to Actors, Authors, Concepts, Databases, Theories, and Literature (1988).
4. Raphael Pearl, US Counterterrorism Strategy and the 9/11 Commission Report, Congressional Research Service, Library of Congress, 2005.
CRIMINOLOGY
SKIFSKAYA Anna Leonidovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SKIFSKAYA Kseniya Nikolaevna
magister student of the Institute of State and Law of the Tyumen State University
THE ROLE OF THE INTERNET IN THE CRIMINAL SUICIDE OF MINORS: FEATURES OF THE INVESTIGATION OF CRIMINAL CASES
This article, which is a continuation of the authors’ research on the topic of juvenile criminal suicide, reveals the problems of investigating this category of criminal cases. Prevention of the commission of crimes by the perpetrators, as well as the suicide itself by the victims, is not only a regulatory and methodological framework. In their work, the authors analyze the initial investigative actions upon the discovery of the corpse of a minor to consider all investigative versions, highlight the features of their conduct and significance in obtaining forensic information.
Also, the authors have identified several problems that arise during the investigation of this category of criminal cases. These include the imperfection of the methodological basis of the investigation; neglect of individual investigative actions; difficulties in obtaining extraterritorial information, as well as a high probability of rapid destruction of important forensic information.
Keywords: incitement to suicide, criminal suicide, suicide of minors, destructive groups, social networks, suicide investigation, extraterritorial information, article 110 of the Criminal Code of the Russian Federation.
Work bibliographic list
1. Gvozdeva I. S., Yuzhaninova A. L. Problems of investigating the inducement of minors to commit suicide using the Internet // Bulletin of the Saratov State Law Academy. – 2017. – No. 5 (118). – P.236-241.
2. Ilyin N. N. Features of an investigative examination in cases of bringing minors to suicide using the Internet // Journal of Applied Research. – 2021. – Number 6 volume 2. – P. 173-178.
3. Kot E. A. Tactics of investigative actions in cases related to inciting minors on the Internet to commit suicide // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (44). – S. 178-184.
4. Ozerov I. N., Saakov T. A. Some tactical features of the initial stage of disclosure and investigation of crimes related to incitement to suicide through the Internet // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (56). – S. 94-98.
5. Saakov T. A. Forensic diagnostic study of the author’s demographic characteristics: theory and practice. – M.: Yurlintifnorm, 2021. – 240 p.
6. Rossinskaya E. R., Saakov T. A. Problems of collecting digital traces of crimes from social networks and instant messengers // Criminalistics: yesterday, today, tomorrow. – 2020. – No. 3 (15). – S. 101-122.
7. Kot E. A. Separation of investigative examination from other investigative actions: procedural and tactical aspects // Union of criminalists and criminologists. – 2019. – No. 2. – P. 74-78.
8. Mikhalevich VV Legal nature of the Internet // Legal informatics. 2012. – No. 1. – P. 44–49.
9. Gribanov E. V. Criminogenic potential of mass media // Crime in the sphere of information and telecommunication technologies: problems of prevention, detection and investigation of crimes. – 2015. – No. 1. – S. 38-40.
CRIMINOLOGY
STEPANENKO Diana Arkadjevna
Ph.D. in Law, professor, professor of Criminology, forensic examinations and legal psychology sub-faculty of the Institute of Justice of the Baikal State University
LEGAL ASSESSMENT OF BLOCKCHAIN IN DIGITAL CRIMINOLOGY
Blockchain represents an evolutionary stage in the development of digital systems in public systems and the connections between them. The availability, anonymity and security of blockchain in terms of transactions activates the use of technology, both for commercial and civil purposes. As a result, there is a need for legal assessment and legal regulation of blockchain in all areas of technology application. The object of research is digital criminalistics, as a new segment of criminalistics in terms of preventing and countering the commission of crimes in the information space. The subject of the study is blockchain, as a technology of an open digital book, the content of which is determined through transaction records. The purpose of the study is to consider the content of the legal assessment of blockchain in the framework of digital forensics. The result of the study – it was revealed that there is no developed mechanism for the right assessment of the blockchain as a whole, but at the same time the substantive aspects of the legal assessment of the blockchain in some mandatory part of maintaining the confidentiality of information are indicated.
Keywords: digital book, digital footprint, forensics, transaction, information system.
Work bibliographic list
1. Umarov Kh. S. Influence of blockchain technologies on transformation of state and corporate processes // Discussion. – 2021. – No. 6 (109). – S. 28-36. – DOI 10.46320/2077-7639-2021-6-109-28-36. – EDN NGQBHZ.
2. Pollitt M. A history of digital forensics // IFIP International Conference on Digital Forensics. – Springer, Berlin, Heidelberg, 2010. – P. 3-15.
3. Skobelin S. Yu. Digital forensics: object and directions of development // Russian investigator. – 2020. – no. 4. – S. 42-44.
CRIMINOLOGY
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
DAITOVA Patimat Isaevna
senior lecturer of Economics and law and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
CRIMINOLOGICAL ANALYSIS AND FEATURES OF PREVENTION OF CERTAIN CATEGORIES OF RECKLESS CRIMES
The article presents a criminological analysis of reckless criminality. Structures on the carrier of reckless criminality are divided, taking into account their specifics, into groups: professional crime, domestic crime, industrial crime. Each of them is characterized by its own characteristics, significance, “viability”. Measures for further prevention of this category of crimes are proposed.
Keywords: reckless criminality, criminological analysis, crime prevention.
Work bibliographic list
1. Portal of legal statistics: General Prosecutor’s Office Ros. Federation. [Electronic resource]. – Access mode: http://crimestat.ru/offenses_chart (date of access: 09/18/2022).
2. Dashkov G. V., Koroleva M. V., Matskevich I. M. et al. Criminology: textbook / Ed. ed. V. E. Eminov. M: Prospekt, 2020. S. 36 Text: direct.
3. Inshakov S. M. Foreign criminology. Moscow: Yurayt, 2016. P. 45. ISBN 978-5-7783-5180-8. [Electronic resource]. – Access mode: http://www.iprbookshop.ru/71192.html. EBS “IPRbooks” (date of access: 24.09.2022).
LEGAL PROCEEDINGS
STRELNIKOVA Irina Yurievna
Ph.D. in Law, associate professor, Head of Theory and history of law and state Crimea sub-faculty of the Russian State University of Justice
TROFIMOV Sergey Anatoljevich
Ph.D. in Law, associate professor, professor of State and law disciplines sub-faculty, Director of the Russian State University of Justice
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
BONDARCHUK Ilya Vladimirovich
Ph.D. in Law, associate professor of State and law disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
ON THE QUESTION OF THE ENFORCEABILITY OF JUDICIAL ACTS
With the complication of public relations, the question of the enforceability of judicial acts acquires a new sound. The enforceability of judicial acts covers not only the totality of organizational and legal mechanisms for the timely and complete execution of judicial acts, but also the possibility of being actually executed.
The article examines the variety of approaches to understanding the enforceability of judicial acts. Attention is drawn to the need to separate the concepts of execution and enforceability of judicial acts.
Keywords: enforceability of judicial acts, requirements for judicial acts, the right to judicial protection.
Work bibliographic list
1. Civil and commercial law (encyclopedic dictionary of Brockhaus and Efron) in 10 volumes. Volume 3. “Civil turnover” – “Retrieval of documents” / S. M. Barats [et al.]; compiled by V. A. Belov. – Moscow: Yurayt Publishing House, 2022. – 387 p. – (Anthology of thought). – ISBN 978-5-534-04720-2. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/499055 (date of access: 09/28/2022).
2. Zavadskaya LN Implementation of judgments. – M.: Nauka, 1982. – 141 p.
3. Civil process: textbook / Ed. S. V. Nikitina. – Moscow: RGUP, 2016. – 388 p. – ISBN 978-5-93916-518-1. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1006751 (date of access: 09/29/2022).
4. Fursov D. A., Kharlamova I. V. The theory of justice: in a brief three-volume presentation on civil cases. – Moscow: Statute, 2009. – Vol. 2: Civil legal proceedings as a form of administration of justice. – 2009. – 597 p.
LAW ENFORCEMENT AUTHORITIES
GEDUGOSHEV Ratmir Ruslanovich
senior lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, Lieutenant Colonel of Police
DAUROV Alim Ibragimovich
lecturer of Fire training sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
TOPICAL ISSUES OF LAWFUL USE OF FIREARMS BY POLICE OFFICERS
The article reveals the issues of the lawful use of weapons by police officers in extreme situations of official activity. Cases when an employee needs to use his service weapon are fraught with many contradictions, both from a public point of view and from a legal point of view. This is due to the fact that any weapon is a great public danger, no matter in whose hands it is, and every law enforcement officer must be clearly aware of this before resorting to the use of his weapon. This is especially true for inexperienced officers who have just entered the service of law enforcement agencies with no work experience as such, as they can succumb to feelings of fear and excitement and drunkenly assess the situation around them before proceeding to extreme measures. In this regard, the weapon in their hands becomes even more dangerous and the risk of casualties increases, both among the population, and the threat to the police officer himself increases, since not every criminal, seeing that the police are ready to use weapons against him, leaves resistance attempts.
Keywords: firearms, police officers, aggressive behavior, offender, public danger, defense and self-defense.
Work bibliographic list
1. Federal Law “On the Police” dated February 7, 2011 No. 3-FZ. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_110165/ (date of access: 09/12/2022).
2. Abidov R. R. Legal basis for the organization of fire training of police officers // Journal of Applied Research. – 2021. – T. 1. – No. 5. – S. 88-91.
3. Gedgafov M. M. Formation of professional readiness among police officers for the lawful use of firearms // Journal of Applied Research. – 2022. – No. 4-1. – S. 89-93.
4. Mukhtarov D. D. Topical issues of shooting training for police officers // In the collection: The best pedagogical work 2021. Collection of articles of the International Research Competition. – Penza, 2021. – S. 101-103.
5. Cherkesov A. Yu. Fire training of police officers as part of service and combat training // In the collection: Innovations in science and practice. Collection of works based on materials of the VI All-Russian competition of scientific research works. – Ufa, 2021. – S. 104-109.
6. Cherkesov A. Yu. Pedagogical conditions for improving the fire training of police officers // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 227-229.
LAW ENFORCEMENT AUTHORITIES
KAZNACHEEV Valeriy Aleksandrovich
Ph.D. in science psychologicals, associate professor of Physical and tactical-special training sub-faculty of the Samara Law Institute of the FPS of Russia
THE ROLE OF PHYSICAL TRAINING IN THE OFFICIAL ACTIVITY OF AN EMPLOYEE OF THE PENITENTIARY SYSTEM
Currently, it is difficult to overestimate the importance of physical training in the process of performing the official activities of employees of the penal enforcement system. The article presents the definition of physical training of employees of the penitentiary system, as well as its direct role in the process of performing their daily official duties by employees of the Federal Penitentiary Service of Russia.
The author notes that physical training is important not only for the performance of everyday official tasks, but also for the overall development of employees of the penal enforcement system, as well as for their effective activities in a non-standard, stressful situation. In addition, at present, the fact of the beneficial effect of physical training on the mental activity of the individual has already been scientifically proven, which, in turn, has a positive effect on the activities of employees of the penal enforcement system and is a necessary component of further improvement of service in institutions of the Federal Penitentiary Service of Russia.
The author presents some problems of the organization of physical training of employees of the penal system. In this regard, according to the author, there is now a need to improve the process of physical training of current employees of the UIS, including through the introduction of the proposals given in the article by the author.
Keywords: physical training, physical activity., service in the penal enforcement system, penal enforcement system, Federal Penitentiary Service of Russia.
Work bibliographic list
1. Khorkova A. S., Malkova A. D. The origin of theoretical knowledge about physical education // Bulletin of the Yugorsk State University. – 2017. – No. 1. – P. 158.
2. Kaznacheev V. A. Influence of physical training on the physical condition of an employee of the penitentiary system. Proceedings of the Samara Scientific Center of the Russian Academy of Sciences. Social, humanitarian, medical and biological sciences. – 2020. – No. 22 (74). – S. 26.
3. Nokhrin M. Yu., Gaidemsky N. S. Features of the physical training of an employee of the penal system // Perm period. Collection of materials of the V International scientific and sports festival of cadets and students. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2018. – P. 450.
4. Dubrovsky V. I. Sports medicine: textbook. for university students. – M.: VLADOS, 2017. – 498 p.
LAW ENFORCEMENT AUTHORITIES
Kardanov Alim Ruslanovich
lecturer of Fire training sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, lieutenant of police
FACTORS OF ENSURING THE PERSONAL SAFETY OF POLICE OFFICERS DURING THE DETENTION OF OFFENDERS
An emergency situation requires a maximum concentration of physical and mental qualities from an internal affairs officer, and they are best formed in physical training classes, during which action algorithms are worked out to solve such problems. This is done in order to form a pre-worked out sequence of actions for the police officers, which will allow them to overcome a critical situation with the least losses. It is concluded that it is advisable to consider personal security as a complex process, during which the police officers acquire theoretical knowledge, practical skills and, most importantly, motor skills. Thus, ensuring personal security during the detention of an offender fully depends on the physical and psychological readiness of an internal affairs officer to perform actions in any danger. Moreover, the actions must be productive, which is ensured by the effective mastery of the tactical and technical foundations for the use of combat methods of struggle. in all cases of the use of physical force, the task of the employee is to minimize the risks that arise.
Keywords: physical training, police officers, extreme situation, fighting techniques, personal security, detention of the offender.
Work bibliographic list
1. Aidarova O. A. Ensuring the personal safety of police officers when using physical force and special means to suppress crimes and administrative offenses // In the collection: Law and order in Russia: problems of improvement. Collection of scientific papers of the International Scientific and Practical Conference dedicated to the 20th anniversary of the formation of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot. – Moscow, 2022. – S. 252-254.
2. Aldoshin A. V. The use of physical force and combat methods of struggle by employees of internal affairs bodies to ensure personal security // Autonomy of personality. – 2022. – No. 1 (27). – S. 6-11.
3. Zhuravlev A. S., Kozhin D. A. Ensuring personal security measures by police officers when performing operational tasks // Law enforcement agencies: theory and practice. – 2021. No. 2 (41). – S. 116-118.
4. Kuznetsov S. V., Khodos I. A. Ensuring personal security through the use of physical force by police officers // Law enforcement agencies: theory and practice. – 2020. – No. 1 (38). – S. 165-167.
5. Struganov S. M., Litvintseva T. E., Grushko V. M. Personal safety of employees of internal affairs bodies in official activities // Science-2020. – 2021. – No. 5 (50). – S. 163-168.
LAW ENFORCEMENT AUTHORITIES
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
MALAEV Azret Husenovich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
FUNDAMENTALS OF PREVENTIVE WORK OF DEPARTMENTS FOR JUVENILE AFFAIRS OF INTERNAL AFFAIRS BODIES
One of the key roles in the process of combating crime is assigned to the internal affairs bodies. Considering the activities of various units and services in the system of internal affairs bodies, it should be noted that some of them implement to a greater extent the functions of suppressing offenses and crimes, while others – to prevent the commission of offenses and crimes. These issues and problems will be discussed in a scientific article.
Keywords: minors, departments for juvenile affairs, internal affairs bodies, prevention, warning.
Work bibliographic list
1. Ivantsov S. V., Solomatina E. A., Strauning Yu. A., Shmarion P. V., Ivasyuk O. N. Prevention of crimes and administrative offenses committed by minors: a course of lectures. – M .: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2017. – P. 105.
2. Zaiko T. M. On the system of prevention of juvenile delinquency // Criminal law and criminology. – 2017. – No. 1. – P. 51-54.
3. Vagaytsev V. M. The system of prevention of neglect and juvenile delinquency at the present stage // Public service and personnel. – 2021. – No. 4. – P. 160-164.
LAW ENFORCEMENT AUTHORITIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
DIDORENKO Nikolay Nikolaevich
senior lecturer of Fire and tactical special training sub-faculty of the FGKOU HE “Ural Law Institute of the Ministry of Internal Affairs of Russia”
FAKOV Azamat Mukhamedovich
associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PERSPECTIVE DIRECTIONS FOR IMPROVING FIRE TRAINING OF POWER STRUCTURES EMPLOYEES
This article analyzes the main problem areas related to the methodology and approaches of teaching fire training in educational institutions of the Russian Ministry of Internal Affairs, as well as conducting fire training classes in territorial bodies. In view of the fact that the work of police officers is inextricably linked with the use of special means and firearms in the process of maintaining public order and fighting crime, their lives, health and safety are under constant threat from violators of the law on the territory of the Russian Federation, which determines the relevance of this article.
Keywords: fire training, police officer, service discipline, athlete, instructor, law enforcement agencies, shooting skills.
Work bibliographic list
1. Marchenko K. S., Maseychuk Yu. M., Chaichenko D. V. Features of the methodology for teaching shooting to first-year cadets of educational organizations of the Ministry of Internal Affairs of Russia. , Krasnodar, February 15, 2022. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. – P. 247. – EDN SHLCTZ.
2. Maseychuk Yu. M., Murtazin A. I. Fundamentals of safe handling of weapons in practical shooting // Improving the methodology of teaching special professional disciplines in educational institutions of the Ministry of Internal Affairs of Russia: Materials of the VIII All-Russian Scientific and Practical Conference, Krasnodar, February 15, 2021 / Editorial Board: A. S. Dudko, A. A. Frolov, Yu. A. Napalkov [and others]. – Krasnodar: Federal State Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2021. – P. 139. – EDN CCIKBN.
3. Order of the Ministry of Internal Affairs of the Russian Federation of November 23, 2017 No. 880 “On approval of the Manual on the organization of fire training in the internal affairs bodies of the Russian Federation.” – [Electronic resource]. – Access mode: “Official Internet portal of legal information” (www.pravo.gov.ru) dated February 28, 2018
4. Federal Law of February 7, 2011 No. 3-FZ “On the Police” // Collected Legislation of the Russian Federation. – 2011. – No. 7. – Art. 900.
LAW ENFORCEMENT AUTHORITIES
KHARAEV Azamat Arsenovich
Ph.D. in Law, senior lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
MASLIENKO Maria Aleksandrovna
lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
ON THE PREVENTION OF CORRUPTION IN THE DEPARTMENT OF INTERNAL AFFAIRS
The article deals with one of the main problematic issues related to the prevention of corruption phenomena in the internal affairs bodies. Suppression and prevention of corruption is a very relevant and key area of law enforcement agencies. Particular attention is paid to the consideration of general social and special preventive measures. The authors have proposed some solutions to problematic issues related to the manifestation of corruption in law enforcement agencies and in the internal affairs bodies in particular. Based on current data on the state of corruption in Russia, the authors have proposed concepts for resolving this issue. In the conclusion, the authors formulated some proposals for the organization of the work of law enforcement agencies to combat corruption at the current stage of activity of internal affairs bodies.
Keywords: corruption in internal affairs bodies, corruption prevention, special preventive measures, anticorruption expertise, corruption offences.
Work bibliographic list
1. Kirpichnikov A. I. Bribery and corruption in Russia. – SPb., 1997. – S. 17.
2. Extended meeting of the collegium of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: https://ria.ru/20211209/korruptsiya-1762876118.html (date of access: 09/30/2022).
3. Federal Law of February 7, 2011 No. 3-FZ (as amended on December 21, 2021) “On the Police” // Collected Legislation of the Russian Federation. – 14.02.2011. – No. 7. – Art. 900.
4. Police officers in 2021 were more likely than other law enforcement officers to be convicted of corruption. – [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/67795 (date of access: 09/30/2022).
5. Kolontaevskaya I. F. Professional education of police personnel abroad (pedagogical aspect). – M., 2000. – S. 31.
6. On the approval of the Code of ethics and official conduct of employees of the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated June 26, 2020 No. 460. – [Electronic resource]. – Access mode: ATP “ConsultantPlus”. http://www.consultant.ru (date of access: 09/30/2022).
7. Bastrykin reported a 15% increase in the number of criminal cases of corruption in 2021. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/13151481 (date of access: 09/30/2022).
8. Polyarush A. D. The concept and principles of counteracting corruption
tions in the state and municipal service // International Journal of Applied Sciences and Technologies Integral. – 2021. – No. 1.
9. Revina S. N. Theoretical problems of legal regulation of market relations in modern Russia: abstract of a doctoral dissertation in legal sciences. – Nizhny Novgorod, 2018. – P. 56.
LAW ENFORCEMENT AUTHORITIES
KHAZHIROKOV Valeriy Akhiedovich
Ph.D. in Law, Head of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
COMBAT TECHNIQUES OF FIGHTING ON GUARD OF LAW AND ORDER: THE ROLE OF TACTICAL PREPAREDNESS
Law enforcement practice shows that criminals in many cases surpass police officers in strength, physical qualities and motor abilities. Also, employees may be inferior to criminals in combat skills and firearms skills. All this necessitates the search for effective means and methods of physical training of employees for the subsequent successful and efficient performance of official tasks. It is concluded that the training of police officers in the skills of using combat fighting techniques is more effective when organizing training sessions in the form of sparring in hand-to-hand combat. At the same time, tactical preparedness is being formed among employees, the need for which is determined by the fact that the life and health of both the law enforcement officer and civilians depend on the acquired quality.
Keywords: fighting techniques, tactical preparedness, crime fighting, police officer, emergency situation.
Work bibliographic list
1. Brychkova A. Yu. Improving the training of combat techniques in the fight of employees of internal affairs bodies // Autonomy of personality. – 2021. – No. 1 (24). – S. 85-89.
2. Sorokina A. N., Butov V. V. The study of fighting techniques and their application in the activities of a police officer // In the collection: Physical culture, sport and tourism in higher education. Collection of materials of the XXXIII All-Russian scientific and practical conference of students, undergraduates, graduate students, young scientists, faculty. – Rostov-on-Don, 2022. – S. 90-93.
3. Khazhirokov V. A. The introduction of wrestling and hand-to-hand fights in the training process of employees of internal affairs bodies studying under vocational training programs // Gaps in Russian legislation. – 2022. – T. 15. – No. 3. – S. 31-35.
4. Khazhirokov V. A. The role of wrestling and hand-to-hand fights in the training process of employees of the internal affairs bodies of the Russian Federation // Physical culture and health. – 2022. – No. 2 (82). – S. 50-53.
LAW ENFORCEMENT AUTHORITIES
SHALAMOV Vyacheslav Viktorovich
Ph.D. in pedagogical sciences, Head of Philosophy, psychology and humanitiarian disciplines sub-faculty of the Ural Law Institute of the MIA of Russia
ZALAEV Rodion Danilovich
researcher of the Research Department of the Ufa Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the cycle of cynology of the Ufa School for the Training of Cynologists of the MIA of Russia
SOME QUESTIONS OF THE PSYCHO-EMOTIONAL STATE OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES
The article is devoted to some issues of the psycho-emotional state and psychological training of students (cadets, trainees) and employees of the internal affairs bodies (police). Since the emotional state of an employee of the internal affairs bodies depends primarily on the impact of external and internal factors that may affect his service, the protection of public order and ensuring public safety. A police officer must control his emotions so that they do not harm, first of all, himself and the people around him. For this, it is necessary to develop emotional and volitional stability among law enforcement officers in the event of various abnormal and extreme situations.
Keywords: employee, police officer, internal affairs bodies, student, organization, psycho-emotional state, emotional stability.
Work bibliographic list
1. Akhiyarov R. A., Koshevets G. V. Ensuring the personal security of an employee of the internal affairs bodies // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 364-365. – EDNZCITRR.
2. Karamysheva E. O., Golovchenko D. A. Human emotions. – Text: direct // Young scientist. – 2016. – No. 23 (127). – S. 433-437. [Electronic resource]. – Access mode: https://moluch.ru/archive/127/35231/ (date of access: 21.09.2022).
3. Maseychuk Yu. M. Techniques of psychological self-regulation and methods that contribute to the development of professional skills and shooting skills of employees of the internal affairs bodies of the Russian Federation // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (41). – S. 23-24. -EDN XMBLPE.
4. Pristalova A. S. Features of the emotional state of athletes during the training process and competitions // Valeological problems of the health of the formation of adolescents, youth, the population: a collection of materials of the 12th International Scientific and Practical Conference of Young Scientists and Students, December 9, 2016, Yekaterinburg / Ros. state prof.-ped. un-t. – Ekaterinburg: RGPPU, 2016. – S. 280-284.
5. Verbina GG Psychology of emotions: textbook. allowance; Chuvash, un. – Cheboksary, 2008. – 308 p.
6. Svyazhenina A. A., Akhiyarov R. A. Psycho-emotional state of an internal affairs officer when firing a shot from a firearm // Legal science in the modern world: current problems and development prospects: collection of materials of the All-Russian round table, Ufa, May 13, 2021. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 75-78. – EDN FGQHQE.
LAW ENFORCEMENT AUTHORITIES
SUKHOVA Oksana Vladimirovna
Ph.D. in economic sciences, associate professor of the V. F. Yakovlev Ural State Law University
MAKHOV Arseniy Vladimirovich
student of the V. F. Yakovlev Ural State Law University
UFIMTSEV Anton Dmitrievich
student of the V. F. Yakovlev Ural State Law University
IMPLEMENTATION OF MEASURES TO PREVENT CORRUPT OFFICIAL BEHAVIOR AND RESOLVE CONFLICTS OF INTEREST AMONG NATIONAL GUARD EMPLOYEES
Anti-corruption policy has become one of the serious areas of work of all public authorities. The National Guard, as one of the executive authorities, also implements anti-corruption work within its department. The article analyzes the results of the Anti-Corruption Plan in the Russian Guard for 2018-2020, and also discusses the areas of work for 2021-2024.
Keywords: Anti-corruption work, service behavior, corrupt behavior, officials, anti-corruption competencies, countering corruption.
Work bibliographic list
1. Amendments have been made to the legislation aimed at combating corruption among officials. Website of the President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/news/67922. Retrieved 29.06.2022
2. A Decree was signed on the introduction of information technologies in the work on the prevention of corruption and other offenses. Website of the President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/administration/68280. Retrieved 29.06.2022
3. E. Belyakov. O. Adamovich. Artificial intelligence will be set on bribe takers: How the Poseidon anti-corruption system will work. TVNZ. [Electronic resource]. – Access mode: https://www.kp.ru/daily/27383/4578300/. Date of access: 29.06.2022
4. Art. 10. Federal Law 273 “On Combating Corruption” dated December 25, 2008. Legal system ConsultantPlus. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_82959/5d02242ebd04c398d2acf7c53dbc79659b85e8f3/. Retrieved 11.07.2022
5. Ibid
6. Anti-corruption plan for 2018-2020 National Guard. Federal Service of the National Guard Troops of the Russian Federation. [Electronic resource]. – Access mode: https://rosguard.gov.ru/document/article/plan-po-protivodejstviyu-korrupcii-na-20182020-gg. Retrieved 10.07.2022
7. National Guard. Federal Service of the National Guard Troops of the Russian Federation. [Electronic resource]. – Access mode: https://rosguard.gov.ru/page/index/o-realizacii-federalnoj-sluzhboj-vojsk-nacionalnoj-gvardii-rossijskoj-federacii-meropriyatij-plana-protivodejstviya-korrupcii-na-20182020-gody. Retrieved July 5, 2022
8. Anti-Corruption Plan for 2021-2024 [Electronic resource]. – Access mode: https://rosguard.gov.ru/uploads/2021/10/plan_rosgvardii_po_protivodejjstviyu_korrupcii_20212024_gody.pdf. Retrieved 10.07.2022
LAW ENFORCEMENT AUTHORITIES
SHEVTSOVA Vera Anatoljevna
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
FEATURES OF DETECTION AND SUPPRESSION OF ILLEGAL ACTIONS ON THE INTERNET AMONG MINORS
This paper reflects statistical data on underage Internet users and their content preferences in the Internet information and telecommunications network. The analysis of crimes and offenses committed by and against minors in the vast Internet space is given. The main risks and threats associated with the use of Internet sites by a young audience are considered. Special attention is paid to the consideration of some aspects in the organization of preventive work carried out by employees of the juvenile affairs units of the territorial bodies of the Ministry of Internal Affairs of Russia among minors to identify and suppress illegal actions on the Internet.
Keywords: minors, prevention, crime, offense, Internet, cyberbullying, aggression in social networks, monitoring of dangerous content, Internet communities.
Work bibliographic list
1. On the approval of the Instructions for organizing the activities of units for juvenile affairs of the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated October 15, 2013 No. 845 (as amended on December 31, 2018). – [Electronic resource]. – Access mode: Access from the legal reference system “ConsultantPlus”.
2. Industry report Children’s Runet 2018 dated 12/31/2018. – [Electronic resource]. – Access mode: Access from the site “Institute for Research Internet”. https://internetinstitute.ru/portfolio/analytics/detskiy-runet-2018-otraslevoy-doklad/?sphrase_id=25142.
3. “Security 2.0” of the Russian Peace Fund (RPF). – [Electronic resource]. – Access mode: Access from Rossiyskaya Gazeta website. – 11/11/2021 https://www.gazeta.ru/social/2021/11/11/14192821.shtml.
4. Blue whale (game). – [Electronic resource]. – Access mode: Access from the Wikipedia site. Free encyclopedia https://ru.wikipedia.org/wiki/Blue_whale_(game).
5. On Information, Information Technologies and Information Protection Federal Law No. 149-FZ of July 27, 2006 (as amended on July 14, 2022). – [Electronic resource]. – Access mode: Access from the official Internet portal of legal information.
LAW ENFORCEMENT AUTHORITIES
ABRAMOV Ivan Romanovich
student of the “Information security” training course at the Institute of History and Public Administration of the Bashkir State University
KOCHNEVA Lyudmila Viktorovna
senior lecturer of the Mining safety sub-faculty of the Ural State Mining University
SHALKOV Alexander Alexandrovich
student of the Bashkir State University
INFORMATION SECURITY IN THE CONTEXT OF SCIENTIFIC PUBLICATION ACTIVITY
Information security in the field of scientific publication activity has a number of obvious and hidden threats, consisting in the disclosure of information of strategic importance for the development of industries for various types of economic activity. The relevance of the study is explained by the lack of a mechanism for selecting scientific publications, assessing the potential of scientific publications for the development of strategically important branches of the national economy. The object of research is open science, as an information workspace for the exchange and generation of scientific knowledge. The subject of the research is information security as a mechanism of open science to eliminate threats to the disclosure of information of strategic importance for the national economic system. The purpose of the study is to reveal the content of information security elements and related threats within the framework of open science as a workspace of scientific publication activity. The results of the study – the content is presented and threats within the information security of open science are identified.
Keywords: scientific research, national security, citation, research life cycle, scientometric indicators.
Work bibliographic list
1. Foster E. D., Deardorff A. Open science framework (OSF) // Journal of the Medical Library Association: JMLA. – 2017. – T. 105. – No. 2. – S. 203-206. – DOI: 10.5195/jmla.2017.88.
2. Nidergaus, E. O. Subjective assessment of teaching methods for stem specialists of student communities in the socio-economic space of Russia, Belarus and Hungary // Discussion. – 2021. – No. 5 (108). – P. 40-48. – DOI: 10.46320/2077-7639-2021-5-108-40-48. – EDN HPKSAS.
3. Mirowski P. The future (s) of open science // Social studies of science. – 2018. – T. 48. – No. 2. – S. 171-203. – DOI: 10.1177/0306312718772086.
4. Sud P., Thelwall M. Evaluating altmetrics // Scientometrics. – 2014. – T. 98. – No. 2. – S. 1131-1143. – DOI: 10.1007/s11192-013-1117-2
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
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North-Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia, colonel of police
VERKHOVETSKY Igor Vitaljevich
Head of the CPE Department of the Ministry of Internal Affairs of Russia for the North Caucasus Federal District, lieutenant colonel of police
PROBLEMATIC ISSUES OF COUNTERING MANIFESTATIONS OF EXTREMISM IN THE SUBJECTS OF THE NORTH CAUCASUS FEDERAL DISTRICT
In the article, the authors consider the dynamics of extremist crimes, analyze the negative vectors of the development of the operational situation that pose a threat to the stabilization processes in the region. The importance of countering extremist crimes, which often turn into terrorist acts, is emphasized.
The authors draw attention to the fact that the law enforcement agencies of the studied subjects carry out preventive work against a number of destructive mass media.
Keywords: counteraction, extremism, terrorism, violence, ideology, prevention, operational search measures.
Work bibliographic list
1. According to the GIAC of the Ministry of Internal Affairs of Russia: quarterly reporting form 282 – “Antiterror”. 2020, 2021.
2. Golyandin N. P., Yesherov A. G., Sheriev A. M. Topical areas of activity to counter extremism and terrorism in the North Caucasus region // Eurasian legal journal. – 2022. – No. 7 (170). – S. 432-434.
3. Review of the state of the operational situation in the North Caucasus Federal District and measures taken in 2021 in the field of countering extremism and terrorism. – Nalchik: Main Directorate for the North Caucasus Federal District of the Ministry of Internal Affairs of Russia, 2022.
4. Activities of the International of one religious organization “Administrative Center of Jehovah’s Witnesses in Russia” by the decision of the Supreme Court of the Russian Federation of April 20, 2017 No. AKPI 17-238 is prohibited on the territory of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/documents/7822/
5. The activities of the international religious association “Nurcular” by the decision of the Supreme Court of the Russian Federation of 10.04.2008 are prohibited on the territory of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/documents/7822/
6. The activities of the international religious organization “At-Takfir wal-Hijra” by the decision of the Supreme Court of the Russian Federation of July 15, 2010 No. GKPI10-848 are prohibited on the territory of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/documents/7822/
SAFETY AND LAW
MOLOKOV Vyacheslav Vitaljevich
Ph.D. in engineering sciences, associate professor, Head of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
CRIMINAL CAMOUFLAGE: HOW ANONYMOUS IS THE DARKNET
Internet technologies are increasingly being used as a means of committing crimes, providing opportunities for the contactless implementation of criminal acts. The article deals with the problem of anonymity of the Darknet network as a factor of illegal activity. The mechanism for organizing decentralized networks and the announcement of closed websites of the “Dark Internet” space are described. On the example of the popular decentralized network Tor, methods of attacks to deanonymize illegal darknet resources and their users in order to obtain information that is significant in the interests of detecting and investigating crimes are considered.
Keywords: Internet technologies, Darknet, anonymity, illegal content, decentralized network, deanonymization, countering crime.
Work bibliographic list
1. Aleksandrov A. G., Safronov A. A. Use of the Darknet network in the preparation and commission of crimes // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – S. 156-160.
2. Zhuravlenko N. I., Molokov V. V. Ways of obtaining forensically significant information on the Internet // Eurasian legal journal. – 2020. – No. 8 (147). – S. 271-273.
3. Novoseltseva A. V., Klyuev S. G. Modern methods of deanonymization attacks on the tor network // Caspian Journal: Management and High Technologies. – 2020. – No. 1 (49). – S. 155-161.
4. Fedorovich M. A. “Darknet” as a threat to the economic security of the Russian Federation // Eurasian Law Journal. – 2022. – No. 7 (170). – S. 391-393.
SAFETY AND LAW
TEUVAZHEV Zaur Anisovich
lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
LEGAL ASPECT OF COUNTERING TERRORISM AND EXTREMISM
The article shows the legal aspects of the fight against terrorism and extremism in the Russian Federation. Thus, Russian legislation specifies not only the main methods of combating terrorism, but also contains definitions of what, in the opinion of the legislator, is terrorism and extremism. It is concluded that knowledge of the prerequisites for the emergence and development of a particular phenomenon gives humanity the opportunity for the most complete and high-quality research and restoration of the most complete picture of its existence and development in the future. This is important in order to take the opportunity to predict the development of the phenomenon, the degree of its impact on society, thanks to which it will be possible to minimize the harmful impact of this phenomenon and prepare for possible negative consequences.
Keywords: terrorism, extremism, consequences, counteraction, prevention, rehabilitation.
Work bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the national vote on July 1, 2020). [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 08/30/2022).
2. Federal Law “On the Prosecutor’s Office of the Russian Federation” dated January 17, 1992 No. 2202-1. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 29.08.2022).
3. Federal Law “On Public Associations” dated May 19, 1995 No. 82-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 28.08.2022).
4. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 08/30/2022).
5. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 28.08.2022).
6. Federal Law No. 114-FZ dated 25.07.2002 “On counteracting extremist activity”. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 29.08.2022).
7. Federal law “On against promotion of terrorism” dated 06.03.2006 No. 35-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 27.08.2022).
8. Zakirova K. R. Legal basis for countering terrorism in the Russian Federation // Scientific statements. – 2021. – No. 8 (8). – S. 35-39.
SAFETY AND LAW
TOKBAEV Ayub Amerbievich
Ph.D. in economic sciences, lecturer of Internal affairs bodies in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
SAVCHUK Nikita Alexandrovich
senior lecturer of Fire training and activities of the department of internal affairs in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia, lieutenant colonel of police
COUNTERING THE SPREAD OF EXTREMISM IN THE GLOBAL INFORMATION SPACE
The article reveals the impact of the digital transformation of society on the manifestation of extremist sentiments among the youth. Extremism is aimed at violating civil peace and harmony, undermining public security and the territorial integrity of the Russian Federation, as well as violating the foundations of the constitutional order. The most poorly protected socio-demographic group from the negative influence of the information resource broadcast by extremists are minors. The reasons for such mindsets in this age group are economic, political, social, family, educational, cultural and moral grounds. Added to this is the fact that the global information space is replete with destructive content on the topic of racism, xenophobia, ethnic hatred, etc. On a huge number of sites, pseudo-religious sites are promoting false values, and the high activity of users who comment, like and repost the content they like contribute to its replication. Thus, the identified problems require an immediate solution through the development of measures aimed at preventing and countering extremist activities, especially those carried out on the Internet.
Keywords: extremism, youth audience, social networks, digital technologies, prevention, counteraction.
Work bibliographic list
1. Abazov I. S., Voskoboev A. I. Extremism and terrorism as products of globalization // Eurasian Law Journal. – 2021. – No. 8 (159). – S. 214-216.
2. Gedgafov M. M. Extremism and terrorism as a threat to modern society // Journal of Applied Research. – 2022. – No. 2-1. – S. 69-72.
3. Kamergoev B. M. On the current problems of countering the use of social networks for the spread of extremist and terrorist ideology // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – S. 198-202.
4. Magomedov MN Fighting extremism and terrorism: new challenges and threats // Journal of Applied Research. – 2022. – No. 2-1. – S. 65-68.
5. Khamurzov A. T. Crime in the field of information and communication technologies as a problem of the information society // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – S. 265-269.
6. Tsrimov A. A. Features of the use of digital technologies in counteracting cyberterrorism // Gaps in Russian legislation. 2022. – T. 15. – No. 4. – S. 145-148.
SAFETY AND LAW
ABRAMOV Ivan Romanovich
student of the “Information security” training course at the Institute of History and Public Administration of the Bashkir State University
BASHIRINA Evgeniya Nikolaevna
associate professor of economic and legal security sub-faculty of the Institute of History and Public Administration of Bashkir State University
BAYRUSHIN Fedor Timofeevich
associate professor of Information security management sub-faculty of the Institute of History and Public Administration of Bashkir State University
INFORMATION SECURITY AND INERTIA OF EXECUTIVE POWER
The timelines of the implementation of the decisions taken within the framework of state policy is a necessary element of ensuring the information security of public space. The delay in the implementation of decisions taken within the framework of state policy actualizes the issues of scientific search for the causes of time lags between decision-making and implementation itself. The object of the study is the executive power as a segment of public space that determines the effectiveness of the implementation of state policy and socio–economic well-being. The subject of the study is information security as an element of the information space. The purpose of the study is to consider and reveal the content of inertia of the executive power within the framework of the implementation of state policy. Research objectives: 1. Study of scientifically-based theoretical sources of domestic and foreign researchers; 2. Formulation of scientifically-based conclusions. The results of the study are the disclosure of the content of inertia of executive power in the form and type of expression in public space.
Keywords: social inertia, state power, well-being, public space, economic security.
Work bibliographic list
1. Kayworth T., Whitten D. Effective information security requires a balance of social and technology factors //MIS Quarterly executive. – 2010. – T. 9. – No. 3. – S. 2012-2052.
2. Matveev A. E., Sysoev S. P., Matveev I. A. Formation of elements for ensuring the economic security of large-scale economic systems // Discussion. – 2022. – No. 3 (112). – S. 58-66. – DOI 10.46320/2077-7639-2022-3-112-58-66. – EDN COXQUH.
3. Gordon L. A., Loeb M. P. Economic aspects of information security: An emerging field of research // Information Systems Frontiers. – 2006. – T. 8. – No. 5. – P. 335-337.- DOI: 10.1007/s10796-006-9010-7.
4. 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.
SAFETY AND LAW
SHOGENOV Timur Mukhamedovich
Ph.D. in economic sciences, Deputy Head of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
KUCHMEZOV Rustam Nurbievich
Ph.D. in Law, senior researcher of the Research Department of the Krasnodar University of the MIA of Russia, major of police
TOPICAL ISSUES OF THE SPREAD OF INFORMATION EXTREMISM ON THE GLOBAL INTERNET
In the article, the authors consider the actual problems of the spread of information extremism in the global network, the involvement of young people in extremist activities, which at the present stage pose a real threat to public safety, which is confirmed by the tragic events of recent years. The main forms of dissemination of extremist ideas through social networks, information and technical methods used by extremists to have a destructive impact on the management systems of critical infrastructures of the state are analyzed. The main problems arising in countering the spread of information extremism on the Internet in modern conditions are noted.
Keywords: information extremism, terrorism, extremist organizations, extremist activity, social networks, information and technical impact.
Work bibliographic list
1. Ministry of Justice of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/extremist-materials/ (date of access: 08/03/2022).
2. On the Dark Side of the Internet: What is the Dark Web and the Deep Web? [Electronic resource]. – Access mode: https://www.dgl.ru/articles/na-temnoy-storone-interneta-chto-takoe-dark-web-i-deep-web_11677.html (date of access: 08/17/2022).
3. Mozgovoy V. E. Information extremism in the context of socio-communicative transformations of Russian society / diss. for the degree of candidate of sociological sciences. – Krasnodar: KRU of the Ministry of Internal Affairs of Russia, 2015. [Electronic resource]. – Access mode: https://krdu.mvd.rf/upload/site119/document_file/ Va1XZ0YFIX.pdf (date of access: 07/15/2022).
4. Russia banned Instagram and Facebook for extremism. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/14135927?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 08.08.2022).
5. Twitter fined 3 million for posts with fascist symbols. [Electronic resource]. – Access mode: https://ren.tv/news/v-rossii/968914-twitter-oshtrafovali-na-3-mln-za-otsutstvie-blokirovki-ekstremistskogo-kontenta (date of access: 08/03/2022).
6. How terrorists use social networks for recruitment. [Electronic resource]. – Access mode: https://rb.ru/story/isis-uses-social-media/ (date of access: 08/14/2022).
7. Yurchenko I. V. On some factors of the spread of the ideology of extremism in the political and information space 1 // Bulletin of the Adyghe State University. – 2013. – No. 2. – P. 251-256.
8. Shogenov T. M., Buraeva L. A., Kuchmezov A. N. On topical issues of suppressing the activities of radical communities involving youth in committing terrorist crimes // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 448-450.
9. Russia has declared a cyberwar because of a special operation in Ukraine. [Electronic resource]. – Access mode: https://lenta.ru/brief/2022/03/03/kibervoyna/ (date of access: 08/03/2022).
10. Berova D. M. Investigation of cybercrimes // Gaps in Russian legislation. – 2018. – No. 2. – P. 173-175.
11. Glukharev D.S. Countering extremism in the modern media space // Bulletin of the South Ural State University. – Chelyabinsk, 2012. – No. 10. – P. 137.
SAFETY AND LAW
BORISENKO Lyudmila Valentinovna
lecturer of State and legal disciplines sub-faculty of the Rostov branch of the Russian State University of Justice
TRIFONOV Sergey Gennadjevich
Ph.D. in Law, associate professor, associate professor of Public legal disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
COMMISSIONERS FOR THE PROTECTION OF THE RIGHTS OF ENTREPRENEURS IN THE SYSTEM OF INTERACTIONS WITH PUBLIC AUTHORITIES IN THE RUSSIAN FEDERATION
The article discusses various forms of interaction between the business ombudsman and public authorities in the Russian Federation. The authors pay attention to how there is interaction with state authorities in the field of lawmaking. The forms of direct interaction of the Commissioner for the Protection of the Rights of Entrepreneurs with representatives of the judiciary are also considered.
Keywords: Commissioner for the Protection of the Rights of Entrepreneurs, entrepreneurial activity, agreements, government agencies, interaction.
Work bibliographic list
1. Belyakov P. A. International cooperation as a type of activity of the prosecutor to protect the right of citizens to appeal to public authorities // Otechestvennaya jurisprudence. – 2016. – No. 7 (9). – p. 12
2. Kirillovykh A. A. Commissioner for the rights of entrepreneurs: the basics of legal status in the system of human rights institutions // Legislation and Economics. – 2013. – No. 11. – P. 21.
3. On making changes to the Register of positions of the federal state civil service, approved by Decree of the President of the Russian Federation of December 31, 2005 No. 1574, and to Decree of the President of the Russian Federation of July 25, 2006 No. 763 “On the pay of federal civil servants” : Decree of the President of the Russian Federation of 06.25.2012 No. 894 // Collection. legislation Ros. Federation. – 2012. – No. 27. – Art. 3681.
4. Federal Law of May 7, 2013 No. 78-FZ (as amended on April 30, 2021) “On Commissioners for the Protection of the Rights of Entrepreneurs in the Russian Federation” // Collected Legislation of the Russian Federation. – 05/13/2013. – No. 19. – Art. 2305.
5. Federal Law No. 59-FZ of May 2, 2006 (as amended on December 27, 2018) “On the Procedure for Considering Appeals from Citizens of the Russian Federation” // Parliamentary Newspaper. – No. 70-71. – 05/11/2006.
6. Parenkova A. A., Nemechkin V. N. Theoretical and legal approaches to resolving legal conflicts // Otechestvennaya jurisprudence. – 2016. – No. 6 (8). – S. 31.
7. Gorbachev A.P. Specialization of the institution of the Commissioner for Human Rights in the Russian Federation (on the example of the Commissioner for the Protection of the Rights of Entrepreneurs): dis. … cand. legal Sciences 12.00.02. – Yelets, 2015. – 193 p.
8. Komkova G. N. Foreword // Political and legal problems of interaction between government and business in a crisis. – 2009. – P. 5.
STATE AND LAW
LANOVOY Vadim Gennadjevich
Ph.D. in Law, Head of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
NESTERENKO Andrey Vladimirovich
senior lecturer of Criminal law and criminology disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
A SYSTEMATIC APPROACH TO THE TYPOLOGY OF STATES: BASIC CONCEPTS, PRINCIPLES
The author substantiates a systematic approach to the typology of states on the basis of a fairly general theory of management in the article. The content of the concepts of “state”, “law”, “sovereignty”, “power” is given. The principles of a systematic approach to typology are formulated. through the disclosure of the concepts of “globalization process”, “domestic policy”, “foreign policy”, “global policy”, “state” and its main functions. It is concluded that the development of the states of traditional civilization is a reproduction in historical time of the established institutional cultural matrices that form statehood, while maintaining the level of effectiveness of the current political and legal system, and the ability to self-organize multilevel social relations. And the progress of the states of liberal civilization is individual reflection as a social end in itself, which turns the desire for atomization and material prosperity into the highest value.
Keywords: state, statehood, power, politics, sovereignty, functions of the state, law, management system, mechanism of legal regulation, state body, legal regulation, legal impact.
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: Consultant Plus: comp. ref. legal system. http // www.consultant.ru (date of access: 09/10/2022).
2. The Constitution of the USSR of 07.10.1977 – [Electronic resource]. – Access mode: Consultant Plus: comp. ref. legal system. http // www.consultant.ru (date of access: 09/10/2022).
3. The Constitution of the USSR of 05.12.1936 – M .: EDITION of the Central Executive Committee of the USSR, 1937.
4. Lanovoy V. G. Civilizational approach to the typology of states in the domestic political and legal doctrine of the XIX – early XX centuries: Dis. … cand. legal Sciences. – Belgorod, 2019.
5. Lanovoy VG State and its sovereignty in the context of the globalization process // Eurasian legal journal. – 2022. – No. 5 (168). – S. 446-449.
6. Reisner L. I. Historical society as a unity of formational and civilizational principles // Civilizations. – Issue 1. – M .: Nauka, 1992. – S. 50-68.
7. Starkin Yu. S. Formational approach: pros and cons // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2009. – No. 3. – P. 153-157.
8. Formations or civilizations. (Materials of the “round table”) // Questions of Philosophy. – 1989. – No. 10. – P. 34-59
9. Huntington S. A clash of civilizations? // Polis. – 1994. – No. 1. – S. 33-48.
STATE AND LAW
FASTOVICH Galina Gennadjevna
senior lecturer of Theory of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
LITVINOVA Valentina Sergeevna
Ph.D. in agricultural sciences, associate professor of the Institute of Economics and Management of the Agroindustrial Complex of the Krasnoyarsk State Agrarian University
KUDASHOVA Irina Vladimirovna
Ph.D. in Law, associate professor of the Siberian Law Institute of the MIA of Russia
STATE REGULATION AND THE INSTITUTE OF INFORMATION TECHNOLOGIES: CORRELATION ISSUES
In modern Russia, in recent years, special attention of scientists – lawyers has been attracted by the topic of information technology research. At present, the most popular and promising direction in the study is the direction of information research in the field of state regulation. The author of the article makes an attempt to analyze information technology products that are successfully used in the state authorities of modern Russia.
Keywords: state regulation, efficiency, information product, public authorities, information technology.
Work bibliographic list
1. Teplyashin I. V., Fastovich G. G. Criteria for the effectiveness of the state mechanism: general theoretical analysis // Problems of modernizing the legal system of modern Russian society. Collection of reports of the International scientific conference. – 2011. – S. 114-116.
2. Fastovich GG Efficiency of the state mechanism: legal means, criteria, research prospects // Eurasian legal journal. – 2015. – No. 8 (87). – S. 140-142.
3. Fastovich G. G., Kapsargina S. A. Introduction of information technologies in the agricultural sector as one of the criteria for effective state policy in the field of agroindustrial complex of the Russian Federation // In the collection: IOP Conference Series; Earth and Environmental Science. Krasnoyarsk Science and Technology City Hall. – Krasnoyarsk, Russian Federation, 2021. – C. 32089.
4. Decree of the President of the Russian Federation of May 7, 2012 No. 599 “On measures to implement state policy in the field of education and science” // Consultant Plus.
5. Fastovich G. G., Shitova T. V. On the issue of the effectiveness of the unified system of public authority // Socio-economic and humanitarian journal. – 2020. – No. 4 (18). – S. 76-88.
6. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 57 dated December 26, 2017 “On some issues of the application of legislation regulating the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts” // Bulletin of the Supreme Court of the Russian Federation. – 2018. – No. 4.
PEDAGOGY AND LAW
ASKAROVA Gulnara Beysenovna
Ph.D. in pedagogical sciences, associate professor of Psychological and pedagogical education sub-faculty of the Sterlitamak branch of the Bashkir State University
SABEKIYA Raushana Beysenovna
Ph.D. in science philosophicals, professor of General history and philosophical disciplines sub-faculty of the Sterlitamak branch of the Bashkir State University
LEGAL SOCIALIZATION OF THE YOUNGER GENERATION IN BASHKIR FOLK PEDAGOGY
The article analyzes the specifics of the legal socialization of the younger generation among the Bashkir people, which is considered in the context of the ethnopedagogical and confessional-cultural approaches proper. Religion as a form of public consciousness regulating not only the moral, but also the legal life of society as a whole acted as a fundamental factor in the formation of socially approved behavior of children, adolescents and youth in Bashkir ethnopedagogy. In this regard, special attention was paid to the role of sharia in the implementation of socio-legal imperatives, the internalization of which ensured the successful legal socialization of the young generation.
Keywords: legal socialization, moral and legal regulations, Bashkir ethnopedagogy, folk education.
Work bibliographic list
1. Latyshina D. I. Traditions, education of children among the Russian people [Text]. – M.: School press, 2004. – 128 p.
2. Sidorova M.E. The meaning of folk traditions and their preservation in modern calendar rituals and holidays. Text: direct // Young scientist. – 2020. – No. 23 (313). – S. 682-684. [Electronic resource]. – Access mode: https://moluch.ru/archive/313/71245/ (date of access: 09.09.2022).
3. Yarushkin N. N., Satonina N. N. Social fear as a regulator of responsible behavior of the individual // Bulletin of the Samara Humanitarian Academy. Series “Psychology”. – 2007. – No. 1. – S. 78-83.
PEDAGOGY AND LAW
BAUAEV Shamil Khadzhimuratovich
lecturer of Physical training sub-faculty of the North-Caucasian Institute for Advanced training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE ROLE OF APPLIED PHYSICAL TRAINING IN THE PERFORMANCE OF INTERNAL AFFAIRS OFFICERS
The article reveals the importance of professional and applied physical training of IAB employees for the successful performance of service and combat missions. The allocation of the professional-applied aspect in the structure of physical training is due to its focus on solving the official tasks of the daily practical activities of IAB employees. In the process of professional and applied physical training, students are trained in the versatile use of formed physical qualities, to withstand physical exertion, the skills of using combat techniques of wrestling. It was concluded that the skills and skills acquired in the process of professional and applied physical training make it is possible to solve an official task in the shortest possible time and with the least losses, both people and time.
Keywords: professional and applied physical training, police officers, fighting techniques, moral and volitional qualities, psychological stability, countering crime.
Work bibliographic list
1. Order of the Ministry of Internal Affairs of Russia dated May 18, 2012 No. 521 “On qualification requirements for the positions of rank and file, junior, middle and senior commanding staff of the internal affairs bodies of the Russian Federation”. [Electronic resource]. – Access mode: https://www.audar-info.ru/na/editDoc/index/type_id/5/
2. Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450 “On approval of the manual on the organization of physical training in the internal affairs bodies of the Russian Federation”. [Electronic resource]. – Access mode: https://www.audar-info.ru/na/editDoc/index/type_id/5/
3. Kanukoev A.M. Professional-applied physical training of police officers: organizational and methodological aspect // Physical culture and health. 2022. No. 1 (81). pp. 16-19.
4. Meshev I.Kh. The role of physical training in professional-applied training of police officers // Physical culture and health. 2022. No. 1 (81). pp. 97-99.
5. Meshev I.Kh., Druzhinin A.V. The role of physical training in the development of professionalism of police officers // In the book: Physical education and sport: topical issues of theory and practice. Collection of articles of the All-Russian Scientific and Practical Conference. Rep. editors A.T. Binaliev, A.A. Tashchiyan, V.M. Barshai. Rostov-on-Don, 2022, pp. 382-386.
6. Tkhagalegov A.A. Professional training of employees of internal affairs bodies for complex forceful actions in operational and service situations // Gaps in Russian legislation. 2022. V. 15. No. 4. S. 105-109.
7. Khazhirokov V.A. Influence of physical culture and sports on professionally significant qualities of police officers: motivational aspect // Physical culture and health. 2022. No. 1 (81). pp. 46-48.
PEDAGOGY AND LAW
ERIN Konstantin Andreevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
DRUZHININ Andrey Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
THE IMPORTANCE OF IMPROVING THE TEACHING METHODOLOGY FOR IMPROVING THE EFFECTIVENESS OF PROFESSIONAL AND SERVICE TRAINING OF POLICE OFFICERS
In the article, the authors highlight the problems of professional training of police officers, as well as students of educational organizations of the Ministry of Internal Affairs of Russia, the effectiveness of its organization and conduct. The importance of physical training of law enforcement officers, its specificity and peculiarity in the preparation of future specialized personnel of this system in educational organizations of the Ministry of Internal Affairs, as well as the improvement and development of physical qualities of employees who currently carry out official activities on the territory of the Russian state are revealed. The authors emphasize the importance of improving the methodology of professional and applied training of police officers, as well as students of educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: physical training, physical qualities, professional and applied training, an employee of the Department of Internal Affairs.
Work bibliographic list
1. Gerasimov I. V. Content of physical training of cadets of higher education institutions of the Ministry of Internal Affairs. – Orel: OryuI Ministry of Internal Affairs of Russia, 2003. – S. 63-64.
2. Karasev A. V., Milenin V. M., Safonov D. E., Ufimtsev I. Yu. Complex of basic fighting techniques. – M., 2005. – S. 78.
3. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – S. 473-475. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114. (date of access: 20.09.2022).
PEDAGOGY AND 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”
MANIFESTATION OF SUICIDAL BEHAVIOR AMONG MINORS
Currently, the phenomenon of suicidal behavior is being studied in a socio-humanitarian way. As a result of the accumulation of knowledge, a complex discipline has developed – suicidology. The problem of this type of deviant behavior seems to be relevant for the entire modern civilization. This problem affects all layers of society, age, profession. The article touches upon a very relevant topic of suicidal behavior among minors. The causes of suicidal behavior in adolescence are analyzed. preventive measures are proposed to prevent suicidal behavior among minors, which will help prevent this problem.
Keywords: suicidal behavior, adolescence, minor, teenager, suicide, suicide.
Work bibliographic list
1. Zorina N. S. Suicide among juvenile convicts: factors, causes and prevention // Eurasian legal journal. – 2021. – No. 11 (162). – S. 380-381.
2. Sapogova E. E. Psychology of human development. – M.: Aspect press, 2005. – 464 p.
3. Vlasovskikh R. V., Khalfin R. A. Experience of using a multidisciplinary approach when working with adolescents who have committed suicidal acts // Journal of Critical States Medicine. – 2005. – No. 5. – S. 26-29.
4. Lisina M. I. Communication, personality and psyche of the child / Ed. A. G. Ruzskoy. – M.: Institute of Practical Psychology, 2001. – 384 p.
5. Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” No. 124-FZ dated July 24, 1998. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19558/ (date of access: 09/30/2022).
PEDAGOGY AND LAW
KANZAFAROV Marcel Albertovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
LUKYANOV Alexey Borisovich
Ph.D. in pedagogical sciences, associate professor of Physical education sub-faculty of the Ufa State Aviation Technical University
PHYSICAL TRAINING IN EDUCATIONAL INSTITUTIONS MINISTRY OF INTERNAL AFFAIRS OF RUSSIA: THE ROLE AND IMPORTANCE OF ACADEMIC DISCIPLINE IN THE FORMATION OF PROFESSIONAL COMPETENCE OF FUTURE LAW ENFORCEMENT OFFICERS
The article reveals the importance of physical training of law enforcement officers, its specificity and peculiarity in the preparation of future specialized personnel of this system in educational organizations of the Ministry of Internal Affairs, as well as the improvement and development of physical qualities of employees who currently carry out official activities on the territory of the Russian state. The authors identify the goals and objectives of the physical direction to increase the overall level of competence of the subjects of the Ministry of Internal Affairs. The types of physical training are indicated, depending on the specifics and purpose of the use of physical qualities and the level of their possession in both students and active police officers.
Keywords: physical training, physical qualities, professional and applied training, subject of the law enforcement system, professional competence.
Work bibliographic list
1. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – S. 473-475. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114 (date of access: 06/29/2022).
2. Babin A. V. Sports games as a necessary tool for improving the physical fitness of police officers // Eurasian legal journal. – 2021. – No. 8 (159). – S. 375-376. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46697846 (date of access: 06/29/2022).
PEDAGOGY AND LAW
IZILYAEVA Lyudmila Olegovna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
MIKHAYLOVA Kseniya Viktorovna
magister student in the field of Advertising and Public Relations, training profile “Communications in Politics, business and social Design” of the Ufa State Petroleum Technical University
FEATURES OF THE IMPLEMENTATION OF THE PROGRAMS “5-100” AND “PRIORITY-2030” IN THE RUSSIAN FEDERATION
This article discusses the comparison of the results and errors of the Project “5-100” and its successor Program of strategic academic leadership “Priority-2030”. The author of the article analyzes the impact on the content of the project of foreign analogues, primarily “Project 211” on such characteristics as financing, participants, goals. Special attention is paid to the issue of the impact of the Priority 2030 program on the image components of the University’s activities.
Keywords: “Priority 2030; financing of higher education; Project 211; “5-100”; global trends in higher education; image; USPTU.
Work bibliographic list:
1. Antonova A. V. Programs “Project 211” and “Project 985” for the development of national education in China // Education without borders. Altai – Asia 2012: Collection of materials of the Asian Student Forum, June 27-30, 2012 Barnaul, Russia. – Barnaul, 2012. – S. 9-11. – [Electronic resource]. – Access mode: http://vital.lib.tsu.ru/vital/access/manager/Repository/vtls:000469519 (date of access: 04.10.2022).
2. Izilyaeva L. O., Miyanova L. F. Digital society as a political-legal and socio-cultural phenomenon of the modern world // State of the future: actual problems of socio-economic and political-legal development: Sat. Articles VI of the Intern. scientific practical conf. / Rev. ed. prof. E. S. GAREEV – Ufa: UGNTU Publishing House, 2022.
3. Lomonosov Moscow State University Lomonosov: official site. – URL: https://philos.msu.ru/node/4829 (date of access: 03.10.2022).
4. The results of the selection of universities to receive a special part of the grant under the program “Priority 2030” were summed up // Ministry of Science and Higher Education of the Russian Federation. – [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/?ELEMENT_ID=40889 (date of access: 02.10.2022).
5. Trubnikova E. I. Project 5-100: a view through the prism of the theory of institutional corruption // World of Russia. – 2020. – T. 29. – No. 2. – S. 72-91.
6. Kolesnik E. A. Digital employment strategy // Discussion. – 2022. – No. 2 (111). – S. 50-58. – DOI 10.46320/2077-7639-2022-2-111-50-58. – EDN AIEJLQ.
7. Petrov A. M. The role of universities in achieving sustainable economic growth // Discussion. – 2021. – No. 2-3 (105-106). – pp. 49-59. – DOI 10.24411/2077-7639-2019-10095. -EDN YECDOM.
PEDAGOGY 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
PERSONAL QUALITIES AND SKILLS OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA, NECESSARY FOR THE INTRODUCTION OF MEASURES TO COUNTER EXTREMISM AND TERRORISM INTO THE EDUCATIONAL PROCESS
In order to evaluate the effectiveness of various recommendations used in the education system, to assess the achievement of the set goal, which is manifested in the formation of a direction in protection against extremist and terrorist sentiment, there are evaluation criteria. The criteria presented below help to assess the quality of the formation of intolerance towards extremism and terrorism. Measuring the level of formation of a negative position in relation to extremism and terrorism is impossible within the framework of the point and rating systems. Let us consider the knowledge, skills and personal qualities that a student should possess through the introduction of measures to counter extremism and terrorism into the educational process.
Keywords: counteraction, terrorism, extremism, educational process, prevention, education, listeners, qualities, skills
Work bibliographic list
1. Guidelines for preventing the spread of the ideology of extremism in educational organizations / Comp. N. B. Ryazanova. – Krasnodar, 2020. – P.12.
2. Counteracting the ideology of terrorism in the educational sphere and the youth environment. – Moscow, 2019.
3. Bykadorova A. S., Druzhinina K. M. Churilov S. A. Information and educational activities in educational institutions in the prevention of the spread of extremism and the ideology of terrorism among the youth // KPZh. – 2017. – No. 3 (122).
PEDAGOGY AND LAW
MESHEV Islam Khasanbievich
Ph.D. in pedagogical sciences, Deputy Head of Physical training sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
WAYS TO IMPROVE THE EFFECTIVENESS OF COMBATING CRIME AT THE PRESENT STAGE
The article considers the main directions of increasing the effectiveness of combating crime by means of physical training of police officers. Each police officer knows that the effective fight against crime is ensured by readiness to serve in extreme situations, which necessitates continuous improvement of professionally significant qualities. A police officer whose professional duties include protecting the rights of citizens, as well as their freedom, life and health, must have certain skills to counter offenders who are determined to resist or directly harm the health and life of the employee himself. In this regard, the need is determined in the process of physical training to teach police officers at training sessions various methods of struggle and self-defense to protect themselves and citizens.
Keywords: physical training, combat fighting techniques, professionally significant qualities, crime prevention, threat to life and health, police officers.
Work bibliographic list
1. Afov A. Kh. The role of physical training and sports in the professional training of police officers // Education. The science. Scientific personnel. – 2020. – No. 1. – P. 126-128.
2. Malenkina E. A., Ryamova K. A. Features of physical training of employees of internal affairs bodies // In the collection: Health saving as an innovative aspect of modern education. Collection of materials II International scientific and practical Internet conference. Comp. S. A. Medvedev. – St. Petersburg, 2021. – S. 538-546.
3. Meshev I. Kh., Kodzokov A. Kh., Khazhirokov V. A. The role of physical training in the professional activity of employees of the internal affairs bodies of the Russian Federation // Pedagogical journal. – 2019. – T. 9. – No. 5-1. – S. 29-35.
4. Slavko A. L. Physical training as one of the components in the professional training of an employee of the internal affairs bodies // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2017. – No. 2 (30). – S. 75-77.
5. Cherkesov R. M., Kushkhov H. L. Formation of the skills of using hand-to-hand combat in extreme situations in physical training classes among students of educational organizations of the Ministry of Internal Affairs of Russia. Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – S. 64-68.
PEDAGOGY AND LAW
MINGULOV Ilnur Rashitovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
KAZBEKOV Tagir Shamshidovich
senior lecturer of Physical training sub-faculty of the Educational Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
ACTUAL PROBLEMS OF LEGAL REGULATION OF THE SPORTS SPHERE IN THE RUSSIAN FEDERATION
The paper discusses the legal significance of a separate legal institution identified by the authors – sports law. In Russian legislation, this issue remains debatable, since sports law does not develop as a separate legal branch, thereby not consolidating sports norms into a single code and other legal documents. The authors list a number of legal gaps in the fundamental legislative act affecting the main provisions on physical culture and sports in the Russian Federation. The problem of determining the place in the state legal mechanism of the allocated area of law, its subject and method for the formation of the stages of formation of a separate legal system is also indicated.
Keywords: physical culture, national sport, legal gap, branch of law, sports law, sport, professional sports activity.
Work bibliographic list
1. Babin A. V., Zinnatov R. R., Matveev A. S., Moral and patriotic education of youth in the modern world of physical culture and sports // In the collection: Problems and prospects for the development of physical culture and sports in educational institutions. Collection of materials of the VI All-Russian scientific-practical conference. Managing editor S. T. Aslaev. – 2020. – S. 10-12.
PEDAGOGY AND LAW
SEVOSTYANOVA Anna Gennadjevna
lecturer of Philosophy and humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
POPOV Ilya Andreevich
cadet of the Samara Law Institute of the FPS of Russia
IMPLEMENTATION FEATURES OF THE PRISONERS` RIGHT TO EDUCATION IN RUSSIA AND FOREIGN COUNTRIES
The article deals with problematic issues related to the environmental agreement on education. The technologies of infecting and capturing the imitation of new professions are analyzed, which arouse suspicion on the identity of the offender. Full-fledged formation of a complex of skills and the ability to successfully undergo resocialization of feelings in the process of obtaining education after serving the device. The presence of the formation of faster forecasts in the conditions of society and, as a result, minimizes the risk of their marginalization. Various reasons for the emergence of educational opportunities in relations are considered. One of the options for a special educational process in penitentiary institutions is the transition to distance learning. Among the large of this type of training, one can distinguish flexibility, the availability of a schedule with teaching staff, financial efficiency, the amount of time spent, the availability of a natural resource base. The article provides a description of the positive experience of foreign countries, in particular the United States and Denmark. It is noted that in the course of consideration of the current legislation of the Russian Federation, which regulates the process of receiving complaints from primary, secondary and higher education, there is a sufficient availability of the entire legal framework for the implementation of the educational process as one of the main ones for identifying the identity of the offender.
Keywords: law, education, offender`s personality, complex of skills and abilities, penal institution, legislative framework, recurrent crime, educational technologies, distance learning, motivation.
Work bibliographic list
1. European penitentiary rules. Part 4 “Goals and regimes of detention in places of deprivation of liberty” Art. 77-82. – [Electronic resource]. – Access mode: http://www.businesspravo.ru/ (date of access: 11/29/2021).
2. Aleevskaya A. O. Distance education in penitentiary institutions of the United States // Gazette of the penitentiary system. – No. 4 (215). – P. 2-5.
3. Tkachenko E. S., Kosheleva V. O. Problems of obtaining education by convicts in places of deprivation of liberty: legal and psychological and pedagogical aspects // Bulletin of the Vladimir Law Institute. – 2019. – No. 2. – S. 29-34.
4. Lochner L., Moretti E. The Effect of Education on Crime: Evidence from Prison Inmates, Arrests, and Self Reports // American Economic Review. – 2016. – P. 155-189.
5. Prison education in the UK 2021-2023. Information portal about visas to the UK. – [Electronic resource]. – Access mode: https://wikivisa.ru/blog/baza-znaniy/tyuremnoe-obrazovanie-v-velikobritanii-2021-2023-569/ (date of access: 1.12.2021).
6. Federal Penitentiary Service of Russia for the Republic of Tatarstan. Official site. – [Electronic resource]. – Access mode: https://16.fsin.gov.ru/ (date of access: 11/30/2021).
7. What happens to prisoners in a pandemic? HMI Prisons – Home. – [Electronic resource]. – Mode of access: https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/what-happens-to-prisoners-in-a-pandemic/ (Accessed 12/1/2021).
PEDAGOGY AND LAW
NIMIROVSKAYA Yuzefa Kazimirovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology sub-faculty of the Saint Petersburg University of the MIA of Russia
DISSEMINATION OF INNOVATIVE PEDAGOGICAL EXPERIENCE IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA: METHODOLOGICAL ASPECT
The article is devoted to the discussion of the importance of studying and presenting innovative developments in the pedagogical practice of teachers of educational organizations of the Ministry of Internal Affairs of the Russian Federation. For this purpose, pedagogical experience is considered, and the possibility of using innovative activity of a teacher in a wide pedagogical practice is also discussed. The interrelation with the readiness and ability of pedagogical workers to generalize and disseminate their pedagogical activities is substantiated.
Keywords: dissemination, pedagogical experience, innovative pedagogical activity.
Work bibliographic list
1. Berezin D. T. Active and interactive methods, forms and means of education: on the example of YaGPU named after. KD Ushinsky // Socio-political studies. – 2019. – No. 4 (5). – S. 138-152.
2. Boguslavsky M. V. Scientific foundations of the historical and pedagogical expertise of innovations in education // Domestic and foreign pedagogy. – 2016. – No. 1 (28). – P. 11.
3. Bykova E. A. Formation of motivation for innovative activity among students – future teachers // Prospects of science and education. – 2019. – No. 4 (40). – S. 102-115.
4. Vardanyan Yu. V. Dissemination of innovative experience as a factor in the modernization of pedagogical education // Higher education in Russia. – 2013. – No. 4. – P.86-91.
5. Slobodchikov V. I. Problems of formation of innovative education // Innovations in education. – 2003. – No. 2. – S. 4-28.
6. Slastenin V. A., Podymova L. S. Readiness of the teacher for innovative activity // Pedagogical science and education. – 2006. – No. 1. – P.32-37.
7. Fishchenko K. S. Modern approaches to determining the quality of education in various systems for assessing effectiveness // Economics and management of innovative technologies. – 2016. – No. 1. [Electronic resource]. – Access mode: http://ekonomika.snauka.ru/2016/01/10729 (date of access: 09/04/2022).
8. Fridman L. M. Pedagogical experience through the eyes of a psychologist. – M .: Education, 1987. – P. 4.
PSYCHOLOGY AND LAW
RAGZIN Nikita Sergeevich
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
ZAGORULKIN Kirill Andreevich
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
ABOUT THE SEMINAR SESSION AT THE UNIVERSITY AT THE PRESENT STAGE OF DEVELOPMENT
Ever-increasing requirements for the quality of education because of social progress and high rates of development of science and technology establish new levels of qualification for teachers. Nowadays, the seminar as a form of training organization plays a special role on solving a variety of didactic problems. Qualitative organization of this form of education process helps to increase the motivation of students, develop independence, and strengthen to will to overcome difficulties in mastering education materials. The article provides an overview of the organizational aspects of holding seminars at the university at the present stage of development.
Keywords: seminar session, motivation, organizational role of the teacher.
Work bibliographic list
1. Pankova N. M., Kabanova N. N. Modern educational technologies at the university // Modern problems of science and education. – 2015. – No. 2-3. – S. 220.
2. Ivashkin E. G., Zhukova L. P. Organization of classroom work in educational institutions of higher education: textbook. allowance; Nizhny Novgorod. state tech. un-t im. R. E. Alekseeva. – Nizhny Novgorod, 2014. – 80 p.
3. Voronin A. S. Dictionary of terms in general and social pedagogy. – Ekaterinburg: GOU VPO USTU-UPI, 2006. – 135 p. – [Electronic resource]. – Access mode: http://lomonpansion.com/files/ustu280.pdf (date of access: 11/18/2022).
4. Great Soviet Encyclopedia: [in 30 volumes] / Ch. ed. A. M. Prokhorov. – 3rd ed. – M.: Soviet Encyclopedia, 1969 – 1978.
5. Volkov, A. A. On the methodology of conducting training seminars in higher education. – [Electronic resource]. – Access mode: https://uchkom.info/publikatsii/4316/ (date of access: 10/18/2022).
PSYCHOLOGY AND LAW
MAJUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
YUMAGULOVA Nina Ivanovna
computer science teacher of the highest category of the Moscow State Educational Institution “School No. 64”, postgraduate student of the Moscow City University
SAMOLOVOV Nikolay Alexandrovich
Ph.D. in pedagogical sciences, associate professor of the Nizhnevartovsk State University
BELYAEVA Larisa Vitaljevna
practical psychologist, postgraduate student of the Bashkir State University
GAYSIN Eduard Damilisovich
Ph.D. in agricultural sciences, associate professor, Vice-Rector for Innovative Development of the Bashkir Intersectoral Institute of Occupational Safety, Ecology and Safety at Work
EMOTIONAL UPBRINGING AS A BASIC INDICATOR OF A SPECIALIST’S PERSONAL COMPETENCE IN SOCIONOMIC PROFESSIONS
The article presents a theoretical analysis of domestic and foreign psychological and pedagogical literature on the problem of research, during which the authors clarified the definition of “emotional upbringing”, showed its relationship with empathy and empathic culture in the aspect of professional training of representatives of socionomic professions. Special attention is paid to the professional and ethical aspects of the future specialist’s activity and the description of the essential characteristics of the emotional upbringing of the individual in the context of axiological and competence-contextual approaches, its structure and mechanisms that ensure the emotional and sensory cognition of the immanent world of another individual by the subject. The study describes the levels of emotional upbringing of the individual and identifies the main indicators of emotional personality: emotional need, emotional assessment, emotional intelligence, emotional judgment, emotional flexibility, culture of emotional manifestations. The authors prove that emotional upbringing is a cross–cutting characteristic of the emotional-affective sphere of a person associated with divergent feeling and manifested at all levels of the organization of emotions from propathic to epicritical.
On the basis of generalization and systematization of ideas about emotional upbringing, its definition is proposed, in which the levels of development of the emotional-affective sphere of a person, emotions and feelings, their convergent or divergent orientation are focused and synthesized. In this sense, emotional upbringing is a personality trait characterized by a set of sufficiently formed socially significant qualities, in a generalized form reflecting the system of emotional and value relations of a person to society and the collective, to work, to people, to himself and ensuring the regulation of his own behavior and activity in accordance with social norms and rules.
Within the framework of the subject of the study, the authors consider emotional upbringing as an integral personal characteristic that is associated with activity and is a basic indicator of a specialist’s personal competence in socionomic professions.
Keywords: emotional upbringing, socionomic professions, competence-contextual approach, empathy, social empathy, emotional-sensory cognition, emotional-affective sphere of a person.
Work bibliographic list
1. Abzalilova T. V. Transformation of education as a phenomenon of objective reality: monograph. – Orenburg: University, 2021. – 280 p.
2. Akulova O. V., Radionova N. F., Tryapitsyna A. P. Competence-based approach as a guideline for the modernization of pedagogical education // Academic Readings. – St. Petersburg: SPbGIPSR, 2009. – Issue. 6: Competence-based approach in modern education. – P. 11-14.
3. Asadullin R. M. Modern vocational education: principles of innovative design of the educational process // Pedagogical journal of Bashkortostan. – 2017. – No. 3 (70). – P. 7-10.
4. Breslav G. M. Psychology of emotions: textbook. – 3rd edition, stereotypical. – M.: Meaning: Academy, 2007. – 544 p.
5. Verbitsky A. A., Kalashnikov V. G. Category “context” in psychology and pedagogy. – M.: Logos, 2010. – 300 p.
6. Vetluzhskaya M. V., Abramova A. A., Serdakova K. G., Bykova E. E., Khammatova R. S., Shurupova R. V. Peculiarities of emotional intelligence and empathic abilities in medical students // Integration education. – 2019. – T. 23. – No. 3 (96). – S. 404-422.
7. Vygotsky L. S. On two directions in understanding the nature of emotions in foreign psychology at the beginning of the 20th century // Questions of Psychology. – 1968. – No. 2. – S. 149-156.
8. Zagvyazinsky V. I. Strategy for the development of education in the period of its modernization. Obrazovanie i nauka. – Pedagogy, 2003. – No. 24. – P. 15-19.
9. Ilyin E. P. Emotions and feelings. – St. Petersburg: Peter, 2001. – 752 p.
10. Kiryakova A. V. Axiology of education: Fundam. research in pedagogy. – M .: House of Pedagogy, 2008. – 578 p.
11. Kiryakova A. V., Moroz V. V. Axiology of creativity. – M .: House of Pedagogy, 2014. – 225 p.
12. Rozenova M. I. Relationships of love in the context of everyday consciousness, development, training, education and socialization of the individual. – M.: MGUP, 2006. – 526 p.
13. Lyusin D. V. Modern ideas about emotional intelligence // Social intelligence: Theory, measurement, research / Ed. D. V. Lyusina, D. V. Ushakova. – M.: Institute of Psychology of the Russian Academy of Sciences, 2004. – S. 29-36.
14. Averill J. R. Emotions as mediators and as products of creative activities. In J. Kaufman & J. Baer (Eds.). Creativity across domains: Face of muse. – Mahwah, N. Y.: Erlbaum, 2005. – Prop. 225-243.
fifteen. Rachkovskaya N. A. Development of the emotional culture of the future social pedagogue at the university: methodology, theory, practice: Abstract of the thesis. dis. … doc. ped. Sciences: 13.00.01 [Place of protection: Moscow state. region un-t] / N. A. Rachkovskaya. – M., 2012. – 49 p.
16. Serdakova K. G. Emotional burnout and emotional intelligence of psychiatrists and forensic psychiatrists: diagnosis and prevention // Bulletin of the Ekaterininsky Institute. – 2015. – No. 1 (29). – S. 92-94.
17. Strakhova L. M. Formation of the emotionality of the pedagogical activity of future teachers: Dis. … cand. ped. Sciences: 13.00.01. [Place of protection: Saratov state. un-t im. N. G. Chernyshevsky]. – Saratov, 2000. – 185 p.
18. Simonov P. V. Emotional brain. – M.: Nauka, 1981. -215 p.
19. Fedorov I. V. Assumptions about the responsive nature of empathy // Siberian Journal of Psychology. – 2014. – No. 53. – P. 64-72. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=22138151 (date of access: 07/12/2021).
20. Yakovleva E. L. Emotional mechanisms of personal and creative development // Questions of psychology. – 1997. – No. 4. – S. 20-27.
21. Caruso D. R., Mayer J. D., Salovey P. Relation of an ability to measure emotional intelligence to personality // Journal of Personality Assessment. -2002. – V. 79. – P. 306-320.
22. Emmerling R. Emotional intelligence: issues and common misunderstanding / R. Emmerling, D. Goleman. 2003. – [Electronic resource]. – Access mode: http://eqi.org/index.htm (date of access: 05/12/2022).
23. Everhart R. S. Teaching tools to improve the development of empathy in service-learning students // Journal of Higher Education Outreach and Engagement. – 2016. – Vol 20, No. 2. – P. 129. – [Electronic resource]. – Access mode: http://openjournals.libs.uga.edu/index.php/jheoe/article/view/1652/939 (Accessed 07/12/2021).
24. Mayer J. D. Emotional intelligence: popular or scientific psychology. 2005. – [Electronic resource]. – Access mode: http://www.apa.org/monitor/sep99/ (date of access: 05/12/2022).
25. Stojiljkovic S., Djgic G., Zlatkovic B. Empathy and Teachers’ Roles // Procedia – Social and Behavioral Sciences. – 2012. – Vol. 69. – P. 960-966. DOI: https://doi.org/10.1016/j.sbspro.2012.12.021 (accessed 12.07.2021).
26. Torres L. H., Bonilla R. E., Moreno A. K. Empathy in future teachers of the Pedagogical and Technological University of Colombia // Journal of New Approaches in Educational Research. – 2016. – Vol. 5, No. 1. – P. 30-37. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.7821/naer.2016.1.136 (date of access: 07/12/2021).
27. Rehman J. Feel Our Pain: Empathy and Moral Behavior. 2015. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.13140/RG.2.1.2297.1763 (date of access: 07/12/2021).
28. Vetluzhskaya M. V., Abramova A. A., Serdakova K. G., Maximova M. E. Is gender-based approach applicable to the development of medical students’ emotional intelligence and empathic abilities as key professional competences for an aspiring physician? // European Journal of Contemporary Education. – 2021. -V. 10. – No. 3. – Pr. 740-755.
29. Walter H. Social Cognitive Neuroscience of Empathy: Concepts, Circuits, and Genes // Emotion Review. – 2012. – Vol. 4, Issue 1. – P. 9-17. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.1177/1754073911421379 (date of access: 07/12/2021).
30. Wilson J. C. Service-learning and the development of empathy in US college students // Education & Training. – 2011. – Vol. 53(2–3). – P. 207-217. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.1108/00400911111115735 (date of access: 07/12/2021).
SOCIOLOGY AND LAW
AMBRUSHKEVICH Konstantin Vladimirovich
Chief Key Account Manager, Sberbank, Moscow
SOCIAL PORTRAIT OF SUBJECTS OF YOUTH ENTREPRENEURSHIP
The article discusses the qualities that young entrepreneurs should have, allowing to determine the portrait of youth entrepreneurship in the Russian region – the Tyumen region. Youth entrepreneurship allows you to involve young people not only in the economic activities of the region, but also contributes to their employment, self-development and self-realization. The survey revealed the social qualities of young entrepreneurs, including leadership, creativity, purposefulness, and a set of communication skills.
Keywords: youth, entrepreneurship, youth entrepreneurship, leadership qualities, creativity.
Work bibliographic list
1. Manheim K. Selected: Diagnosis of our time. – M .: RAO Talking Book, 2010. – 744 p.
2. Osipov GV Sociology and social mythmaking. – M.: Norma, 2002. – 615 p.
3. Palamarchuk O. N. Study of youth motivation for entrepreneurial activity // Almanac of modern science and education. – Tambov: Diploma, 2013. – No. 11 (78). – C. 122-126.
4. Federal Law No. 209-FZ of July 24, 2007 “On the Development of Small and Medium Enterprises in the Russian Federation”. [Electronic resource]. – Access mode: www.base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=102186 (date of access: 09/06/2022).
5. Khairullina N. G. Russian civil society: regional aspect // Eurasian legal journal. – 2020. – No. 4 (143). – S. 375-376.
6. Khairullina N. G., Baranova K. L. Retirement age of Russians: assessments and opinions. – Tyumen: Tsogu, 2012. – 99 p.
7. Khusainova Zh. S., Zhartai Zh. M., Adilova Zh. G. Features of the socio-economic portrait of youth entrepreneurship in the national economy // Bulletin of Karaganda University. Series: Economy. – 2019. – T. 94. No. 2. – S. 182-195.
ECONOMY. RIGHT. SOCIETY
Lukmanova Yuliya Shafkatovna
Ph.D. in science philosophicals, associate professor of Social work sub-faculty of the Bashkir State University
ABRAROVA Zinira Foatovna
Ph.D. in science philosophicals, associate professor, Head of Social work sub-faculty of the Bashkir State University
METHODS OF MANAGEMENT AND IMPROVEMENT OF THE EFFECTIVE ACTIVITY OF THE HEAD OF THE SOCIAL SPHERE
One of the most important problems of organizational and managerial activity is the improvement of the personnel management system. Nowadays, there is still no single clear and understandable criterion for evaluating the effectiveness of an employee, since each organization, each region has its own opinion on how to properly build the management order, the system of relationships between personnel and by what criteria to select subordinates.
Keywords: social sphere, personnel management, efficiency of the head.
Work bibliographic list.
1. Deineka A. V Personnel management. – M.: Dashkov i K, 2013. – 292 p.
ECONOMY. RIGHT. SOCIETY
MUKHAMADIEVA Elvira Fanirovna
Ph.D. in economic sciences, associate professor of Economical security sub-faculty of the Ufa State Petroleum Technological University
GALIMULLINA Snegana Radikovna
magister student of the Institute of Economic and Service of the Ufa State Petroleum Technological University
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
GILYZOVA Alisa Ildarovna
student of the Faculty of the Mathematics and Information Technology of the Bashkir State University
THE IMPACT OF THE EXECUTION OF EXTRA-BUDGETARY FUNDS ON THE ECONOMIC SECURITY OF THE STATE
The relevance of research. Ensuring the security of state extra-budgetary funds implies maintaining the normal functioning of these funds, suppressing threats and applying sanctions for certain violations of the work and activities of the funds. This type of funds is necessary to meet the important needs of the population.
Keywords: extra-budgetary funds, economic security of the state, Pension Fund of the Russian Federation.
Work bibliographic list
1. Galimullina N. A. Evaluation of the counteraction of the internal affairs bodies to the shadow economy in the Russian Federation// Innovative development of the economy. – 2018. – No. 3 (45). – S. 296-305.
2. Galimullina N. A. Ensuring economic security in the budgetary sphere // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2019. – No. 1. – P. 128-132.
3. Kashipova I. R., Mukhamadieva E. F. The main tools to combat the deficit of state extra-budgetary social insurance funds // Modern Science. – 2010. – No. 3. – P. 83-87.
4. Sharko D. M., Fomenko A. I. Actual problems of the Pension Fund of Russia: legal status and development trends // Intellectual resources for regional development. – 2022. – No. 1. – P. 444-448.
ECONOMY. RIGHT. SOCIETY
NIKITENKOVA Maria Alexandrovna
Ph.D. in economic sciences, Deputy Director of the Institute of World Transformations, senior researcher of the Institute of USA and Canada Studies of the Russian Academy of Sciences
LEGISLATIVE AND INSTITUTIONAL ASPECTS OF BUILDING DIGITAL INFRASTRUCTURE IN HEALTHCARE SYSTEM IN THE USA AND CANADA
The article presents a study of state regulation of building a digital healthcare infrastructure in Canada and the United States, conclusions are drawn about possible prospects for Russia. There is a description of the development of health care systems in the medium term. It has been determined that digital infrastructure will determine the conditions and accessibility of medical services provided. An analysis of statistical data of the digital transformation of healthcare showed that in Russia less funds were allocated from private and federal sources than in the United States and Canada.
Keywords: digital transformation, healthcare, government regulation, digital infrastructure information and communication technologies, USA, Canada
Work bibliographic list
1. Accélérer la mise en œuvre des évaluations de l’état de préparation au commerce électronique DEUXIÈME ÉDITION. Nations Unions. 2022. [Electronic resource]. – Access mode: https://unctad.org/system/files/official-document/dtlstict2022d5_fr.pdf (accessed: 08/28/2022).
2. ANNUAL REPORT 2018-2019 A new day in health care is coming. 2020. [Electronic resource]. – Access mode: https://www.infoway-inforoute.ca/en/component/edocman/3726-annual-report-2018-2019/view-document?Itemid=101 (accessed: 08/28/2022).
3. Dataset: Health expenditure and financing. [Electronic resource]. – Access mode: https://stats.oecd.org/Index.aspx?DataSetCode=SHA.
4. MEDIA RELEASE: How does Canada build a digital and data-driven healthcare system? 2022. [Electronic resource]. – Access mode: https://www.bloomberg.com/press-releases/2022-08-25/media-release-how-does-canada-build-a-digital-and-data-driven-healthcare-system ( accessed: 08/28/2022).
5. Personal Information Protection and Electronic Documents Act (PIPEDA) // Published by the Minister of Justice. [Electronic resource]. – Mode of access: http://laws-lois.justice.gc.ca.
6. Reforming America’s Healthcare System Through Choice and Competition. [Electronic resource]. – Access mode: https://www.hhs.gov/sites/default/files/Reforming-Americas-Healthcare-System-Through-Choice-and-Competition.pdf (accessed: 08/28/2022).
7. The digital disruptors are changing health care in Canada. [Electronic resource]. – Access mode: https://www.pwc.com/ca/en/industries/technology/digital-disruptors-changing-health-care-in-canada.html (accessed: 08/28/2022).
8. Trimble I., Zborovski S. In brief: digital healthcare in Canada // Stikeman Elliott. [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=4c1677c4-fc89-42c2-9a8a-4d02c33f0b49 (accessed: 08/28/2022).
9 Worldbank. Current health spending (% of GDP). 2022. [Electronic resource]. – Access mode: https://data.worldbank.org/indicator/SH.XPD.CHEX.GD.ZS (accessed: 08/28/2022).
10. Nikitenkova M. A. Threats of social tension in the context of “increasing” digitalization: possible solutions / Financial Economics. – 2021. – No. 12. – P. 76-81. ISSN 2075-7786. DOI 10.255997/FIE.2021.95.12.001.
ECONOMY. RIGHT. SOCIETY
NOVIKOVA Olga Sergeevna
postgraduate student of the State University of Management
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economic sciences, professor, professor of Project management sub-faculty of the State University of Management
HARMONIZATION OF THE ORGANIZATIONAL STRUCTURE OF MANAGEMENT AND THE BUSINESS MODEL OF THE ENTERPRISE IN THE CONTEXT OF DIGITALIZATION OF THE ECONOMY
Modern conditions of digitalization of the economy dictate to enterprises interested in maintaining their competitiveness the requirement to transform business models. Such changes, in turn, entail changes in the organizational structure of management. The article describes one of the options for organizational changes, involving the creation of a data and knowledge management unit at the enterprise. The official composition of the unit and its functionality are described with a sufficient degree of detail. Recommendations are given for the gradual development of the data and knowledge management unit and the involvement of related business units.
Keywords: management, business model, digitalization, organizational changes, organizational structure of management.
Work bibliographic list
1. Anderson K. Analytical culture. From data collection to business results. – M.: Mann, Ivanov and Ferber, 2017. – 336 p.
2. Zelentsova L. S., Shalamova N. G., Vorontsova Yu. V. Methodology of advanced assessment of the competitiveness of high-tech products in the context of digitalization. – M.: GUU, 2020. – 164 p.
3. Novikova O. S. Approach to the implementation of a data management system, its main components // Reforms in Russia and problems of management – 2021: materials of the 36th All-Russian Scientific Conference of Young Scientists. – Moscow, 2021. – S. 111-115.
4. Novikova O. S. Data management function as one of the foundations for transforming a company’s business model // Economic Sciences. – 2022. – No. 4 (209). – S. 142 -147.
5. Pigne I., Osterwalder A. Construction of business models. Handbook of the strategist and innovator. – M.: Alpina Publisher, 2020. – 288 p.
6. Chernov S. B., Novikova O. S. Ensuring data security in the digital economy // Economic Sciences. – 2020. – No. 189. – P. 104-109.
7. 4CDTO Tutorial. About digitalization and digital transformation. Second edition / 4CIO Top Managers Club, 2021. – 989 p.
8. Kolyadov L. V., Gimelshtein I. V., Zakharova A. V., Chernov S. B., Gorlov V. V. Opportunities to Improve the Competitiveness of Russian Industry and the Final Product Being Created in the Conditions of Digitalization // Lecture Notes in Networks and Systems. – 2021. – 2 80. – Rp. 306-316.
ECONOMY. RIGHT. SOCIETY
POPOVA Tamara Vladimirovna
Ph.D. in economical sciences, associate professor, Head of Human, social and economic studies sub-faculty of the Vladimir Law Institute of the FPS of Russia
ZARIPOV Renat Raviljevich
Ph.D. in economical sciences, associate professor, Head of Management and administrative law sub-faculty of the Vladimir Law Institute of the FPS of Russia
ENSURING RUSSIA’S TECHNOLOGICAL INDEPENDENCE AS A BASIS FOR SUSTAINABLE DEVELOPMENT OF THE NATIONAL ECONOMY
The technological independence of Russia is becoming a necessary and indispensable condition for the stability and preservation of the national economy during the economic war unleashed by foreign countries. Internal factors associated with high barriers to entry into the high-tech market, imperfection of the current legislation, underdevelopment of infrastructure, lack of financial resources, as well as external factors associated with direct and indirect sanctions restrictions on the development of domestic high-tech economic activities pose a serious threat to the economic security of Russia. Based on the analysis of statistical data, the article presents a description of the real state of the scientific and technological potential of the country, identified “bottlenecks”. The authors propose to consider the aggressive sanctions policy of foreign countries as an incentive to restructure the structure of the Russian economy, create a modern domestic model of the economy that meets the requirements of scientific and technological progress based not only on building economic relations with friendly countries, but also on the development and accelerated implementation of its own scientific and technological potential.
Keywords: high-tech production, science-intensive activity, scientific and technological potential, economic sanctions, sovereign technical reserve, economic security.
Work bibliographic list
1. Mishustin announced a decline in certain sectors of the Russian economy. – [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/07/04/18061784.shtml (date of access: 09/28/2022).
2. Official website of the European Union. – [Electronic resource]. – Access mode: https://finance.ec.europa.eu/eu-and-world/sanctions-restrictive-measures/sanctions-adopted-following-russias-military-aggression-against-ukraine_en#sanctions (date of access: 28.09 .2022).
3. Putin said that Russia is being denied access to high technology to curb development. – [Electronic resource]. – Access mode: https://yandex.ru/turbo/tvzvezda.ru/s/news/20227181427-gaax4.html (date of access: 09/28/2022).
4. The US imposed sanctions. – [Electronic resource]. – Access mode: https://www.rbc.ru/politics/31/03/2022/6245b93e9a7947e8b08c20c7 (date of access: 09/28/2022).
5. Technological development of economic sectors. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/11189 (date of access: 09/30/2022).
6. Science, innovation and technology. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/statistics/science (date of access: 09/30/2022).
7. Economic sanctions against Russia: expectations and reality / Ed. R. M. Nureeva. – Moscow: KNORUS, 2017. – 194 p.
ECONOMY. RIGHT. SOCIETY
UGLINSKAYA Viktoriya Vladimirovna
Ph.D. in economic sciences, Rubtsovsky Industrial Institute (branch) of the I. I. Polzunov Altai State Technical University
THE EVOLUTION OF REFORMING THE HOUSING AND COMMUNAL SERVICES SYSTEM IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE
The purpose of the work is to study the main aspects of the reform of housing and communal services (HCS) in the Russian Federation at the present stage. The Government of the Russian Federation pays quite a lot of attention to issues related to improving the living conditions of the population. Many of the ongoing projects are successful and are approved by citizens (in particular, information projects). The article deals with the main problems of the process of reforming the housing and communal services sector. The main stages of the housing and communal services reform and the regulatory documents regulating this area at different time intervals are listed. At the end of the article, a conclusion is made about the current results of the reform and recommendations are given for optimizing the process.
Keywords: housing and communal services, the Russian Federation, reform, overhaul, digitalization.
Work bibliographic list
1. Gerasimova A. V., Zyablitskaya N. V. Reform of the housing and communal services of the Russian Federation // Regional problems of transformation of the economy. – 2019. – No. 4. – P. 12-18.
2. Ivanova K. A. Features of housing and communal services management at the municipal level. – M.: Prospekt, 2020. – 64 p.
3. Shapovalenko V. A., Dekhtyar E. V., Kostyshak M. M. Modern approaches to reforming housing and communal services in Moscow and the Moscow region // Economics and Entrepreneurship. – 2018. – No. 7. – P. 519-523.
4. Karataev E. M., Merkuriev V. V. Stages of reforming the housing and communal services in Russia // Moscow Economic Journal. – 2020. – No. 9. – P. 510-520.
5. Kaderov N. I., Medvedeva E. N., Smirnova Yu. O. Analysis of modern aspects of the reform of housing and communal services // Young scientist. – 2017. – No. 10. – P. 237-241.
6. Kazanbieva A. Kh. Reform of housing and communal services in Russia: analysis and evaluation of performance // Bulletin of the University. – 2019. – No. 9. – P. 82-90.
7. Pavlov A. N. “GIS housing and communal services” and “Housing and communal services reform” – new steps towards informatization of the housing and communal services industry in Russia // Problems and prospects of economyki and management: materials of the VI Intern. scientific conf. St. Petersburg, December 2017 – St. Petersburg: Own publishing house, 2017. – P. 222-225.
8. Chotchaev A. N. Housing and communal services: current state, problems, development prospects // Education and science in Russia and abroad. – 2018. – No. 9. – P. 165-171.
ECONOMY. RIGHT. SOCIETY
LIANG Ting
postgraduate student of the Moscow State Pedagogical University
SYSTEM OF METHODS FOR ASSESSING THE COMPETITIVENESS OF CORPORATE STRUCTURES
The article shows the significance of using of various groups of methods for studying the competitiveness of modern corporate structures. The systematization of the main types of methods for assessing the competitiveness of corporations in modern economic conditions is carried out. The necessity of synthetic use of various groups of methods is shown. Special attention is paid to the features and problems of using economic and statistical methods for assessing the competitiveness of modern corporate structures, especially the use of single- and multi-factor correlation and regression analysis tools for such purposes.
Keywords: competitiveness, corporate structures, competitiveness assessment, assessment methods.
Work bibliographic list
1. Abalkin L. I. Selected works. – M.: Olimp-press, 2020. – 482 p.
2. Arzhenovsky SV Econometric methods. Lecture course. – Novocherkassk: NGTU, 2020. – 238 p.
3. Afonin IV Management of enterprise development: strategic management, innovations, investments, prices. – M.: Dashkov i K, 2020. – 332 p.
4. L. V. Kantorovich, Optimal Solutions in Economics. – M.: Nauka, 1972. – 288 p.
5. L. I. Lopatnikov, Economic and Mathematical Dictionary. – M.: Nauka, 2011. – 542 p.
6. Nemchinov V. S. Economic and mathematical methods and models. – M.: Sotsekgiz, 1962. – 472 p.
7. Banner F. Crowdsourcing the law. – Wash, 2019. – 128 p.
8. Carlo M. The principles of innovation modeling. – Bernley, 2019. – 268 p.
9. Nelson R. National Systems of Innovation: A Comparative Analysis. – Oxford, 2013. – 322 p.
PHILOSOPHY. RIGHT. SOCIETY
PSHIBYLSKIY Daniil Yurjevich
magister student of the 1st course of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technological University,
THE ROLE OF PERSONNEL EVALUATION IN IMPROVING THE EFFICIENCY OF PROFESSIONAL ACTIVITY OF CIVIL SERVANTS
The article discusses the problems of improving the efficiency of civil service employees and the prospects for their solution using the methodology of personnel assessment. The universality of the methods of assessing the professional competence of employees developed within the framework of the personnel assessment methodology is shown. The conduct authors a comparative analysis of the features of the organization of personnel competence assessment in a number of foreign countries and in the Russian Federation, on the basis of which unified performance indicators of official duties are proposed, applicable in most departments of the civil service .
Keywords: personnel management, personnel evaluation methodology, public service, public service.
Work bibliographic list
1. Sinyagin Yu. V., Nikolaeva M. V. Legislative and professional content in psychological diagnostics // Public Service. – 2010. – No. 4. – S. 30-33.
2. Sofinsky N., Kirichenko M., Bockeria V. Criteria and method for assessing the level of potential regional load and labor efficiency of state labor inspectorates // Chelovek i trud. – 2009. – No. 3. – S. 63-69.
3. Chernoskutov V. E. On the role of international cooperation in the professional training of state and municipal employees // Development of territories. – 2019. – No. 2 (16). – S. 39-48.
PHILOSOPHY. RIGHT. SOCIETY
AKBASHEVA Dilara Khambalovna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Bashkir State University
AXIOLOGICAL FOUNDATIONS OF HUMANISM IN ISLAM
The article explores the axiological foundations of humanism in Islamic teaching by identifying existential and ethical values in it that are common with global, universal values. The socio-philosophical analysis of the ideas of humanism in Islam makes it possible to deepen the understanding of this religious teaching and realize the possibilities of the influence of spirituality on life-affirming values.
Keywords: humanism, man, Islam, God, values, religion, morality, morality.
Work bibliographic list
1. Guseynov A. A. Great moralists. – M., 1995.
2. Ibrahim T.K. Koranic humanism. – M., 2015.
3. Ionova AI Modern Islam, man and society // Culture and religion. – M., 1991. – No. 7.
4. Solovyov V. S. Mohammed. Founder of Islam. – M., 1994.
PHILOSOPHY. RIGHT. SOCIETY
VEZLOMTSEV Viktor Evgenjevich
Ph.D. in science philosophicals, associate professor of Philosophy and history sub-faculty of the Academy of Law Management of the FPS of Russia
VEZLOMTSEVA Svetlana Gennadjevna
Ph.D. in economical sciences, associate professor of Economics and management sub-faculty of the Academy of the FPS of Russia
CORRUPTION IS A QUALITATIVE PORTRAIT OF THE PHENOMENON IN A QUANTITATIVE DIMENSION
The article examines the existing methods of assessing the scale of corruption in the world, analyzes their advantages and disadvantages. Particular attention is paid to the analysis of the reliability of the Transparency International Corruption Perception Index, which is popular in the media and in the scientific community. It is shown that the main problems in measuring the level of corruption are: the lack of a universal definition of “corruption” and the fact that corruption is a latent phenomenon, obtaining reliable data about which it is impossible to obtain in full. The author also substantiates the use of a comprehensive analysis of corruption manifestations to obtain an objective result of the study.
Keywords: corruption, corruption definition, corruption latency, corruption level measurement, data objectivity.
Work bibliographic list
1. Danielle E. Warren & William S. Laufer. Are Corruption Indices a Self-Fulfilling Prophecy? A Social Labeling Perspective of Corruption // Journal of Business Ethics. 2009. Volume 88(4). R. 841-849.
2. Heywood P.M. Measuring corruption: perspectives, critiques and limits. Routledge Handbook of Political Corruption. Oxon: Routledge. 2015. R. 137-153.
3. [Electronic resource]. – Access mode: http://www.unicri.it/ (accessed 03/27/2022)
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5. [Electronic resource]. – Access mode: https://transparency.org.ru/projects/GCB%20Citizens%20voices_FINAL.pdf (Accessed 1.03.2022)
6. [Electronic resource]. – Access mode: https://transparency.org.ru/research/barometr-mirovoy-korruptsii/barometr-mirovoy-korruptsii-2003.html (Accessed 03/28/2022)
7. [Electronic resource]. – Access mode: https://transparency.org.ru/research/barometr-mirovoy-korruptsii/transparency-international-vypustilo-devyatyy-barometr-mirovoy-korruptsii-.html (accessed 03/12/2022)
8. [Electronic resource]. – Access mode: https://transparency.org.ru/research/indeks-vospriyatiya-korruptsii/rossiya-v-indekse-vospriyatiya-korruptsii-2017-posadki-ne-pomogli.html (Accessed 03/11/2022)
9. [Electronic resource]. – Access mode: https://www.europarl.europa.eu/at-your-service/en/be-heard/eurobarometer (Accessed 21.03.2022)
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11. Leslie Holmes. corruption. A very short introduction. NY, 2015. P. 216.
12. Melgar, M., Rossi M., Smith T. W. The perception of corruption // International Journal of Public Opinion Research. 2010. Volume 1. P. 120-131.
13. Moises Naim // Brown Journal of World Affairs. 1995. Volume 2(2). R. 245-261.
14. Treisman, D. The causes of corruption: a cross-national study // Journal of Public Economics. 2000. Volume 76(3). P. 399-457.
15. Balog M.M. Measurement of corruption: problems and main approaches // Bulletin of the Pskov State University. Series: Economy. Right. Control. 2015. No. 2. P. 75-80.
16. V. E. Vezlomtsev. Socio-philosophical analysis of the dominant matrices of corrupt behavior in Russia // Eurasian Law Journal. 2018. No. 7 (122). C 431-434.
17. Kotlyarov S. B., Chicherov E. A. Indicators of measuring corruption: concept and improvement. – Text: direct // Actual problems of law: materials of the IV Intern. scientific conf. (Moscow, November 2015). Moscow: Buki-Vedi, 2015, pp. 6-9.
18. Nozdrachev A. F. Corruption as a legal problem in questions and answers // Lawyer. 2007. No. 10. S. 34-49.
19. Rose-Ackerman S. Corruption and the state. Causes, effects, reforms. 2nd ed. M.: Logos, 2010. 356 p.
20. Explanatory dictionary of the Russian language. In 3 vols. T. 1. / Ed. prof. D. N. Ushakova. Moscow: Veche, Mir knigi, 2001. 704 p.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
«ALL RUSSIANS CITIZENS ARE RUSSIANS BY MENTALITY»: PROBLEMS OF NATIONAL-CIVIL IDENTITY FORMATION IN THE PROCESS OF SMO
The discordance of physical, historical, technological, social, and psychological time leads to the layering of concepts, institutions, and mental attitudes. The acceleration of modernity actualizes the most unexpected moves of history, opens emergent windows of opportunity. On the centenary of the creation of the USSR the SMO began and the gravediggers of the first Soviet state (S. S. Shushkevich, L. M. Kravchuk, G. E. Burbulis, M. S. Gorbachev) passed away. Discussions on the necessity of forming “USSR 2.0” or some kind of union state built on the pragmatic imperatives of collective economic, technological and military security intensified. In this connection, discussions on the joint identity of Russians and Russians continue
Keywords: small motherland, big motherland, identity, civil nation, special military operation, SMO, USSR 2.0, union state, sustainable development, managing heterogenetics.
Work bibliographic list
1. Markedonov S. M. Separatism in the Greater Caucasus in the post-Soviet period: prerequisites, results, prospects // Actual problems of Europe. – 2009. – No. 3. – S. 194-222.
2. Myakshev A.P. The collapse of the USSR and the creation of a new system of interethnic relations in the Russian Federation in the 1990s // Bulletin of the Saratov University. New series. Series History. International relationships. – 2020. – S. 27-33.
3. Timoshchuk A. S. Russian logos and modernization: horizons of comprehension // Russian logos: horizons of comprehension. Proceedings of the International Philosophical Conference, St. Petersburg, September 25–28, 2017. In 2 vols. Vol. 1. – St. Petersburg: “Intersocis”, Izd. RKhGA, 2017. – S. 477-481.
4. Timoshchuk A. S. Interaction of “Russian” and “Russian” in national politics // Interaction of languages and cultures: materials of the International scientific conference. May 28-30, 2018 / ed. O.A. Turbine. Ministry of Education and Science of the Russian Federation; South Ural State University; Institute of Linguistics and International Communications; Tianjin University of Foreign Languages. In 2 volumes. T. 2. – Chelyabinsk: Publishing Center of SUSU, 2018. – P. 131-134.
5. Leong C.-H., Teng E., Weiliang W. Building Resilient Neighborhoods in Singapore // The State of Ethnic Congregation in Singapore Today. – Singapore: Springer Nature, 2019. – P. 29-49.
6. Zhirokhov M. A. Seeds of decay: wars and conflicts on the territory of the former USSR. – St. Petersburg: BHV-Petersburg, 2012. – 688 p.
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
ECOPHILIC PHILOSOPHY OF AHIMSA
The article reveals the philosophy of ahimsa – non-violence, the original presentation of which is given in the sacred texts of Ancient India. The ecophilic content of the philosophy of ahimsa is projected onto modern civilization, ranging from vegetarian nutrition to political activity in the form of non-violent protest. Ahimsa in India and beyond is manifested in the protection of animals, especially sacred ones such as cows. The principle of non-violence closely correlates with the religious philosophies of Hinduism, Buddhism, Jainism and is related to Parsism, Sikhism and Taoism.
Keywords: ecophilicity, philosophy, ahimsa, non-violence.
Work bibliographic list
1. Adamchik M.V. Eastern philosophy. Mn.: Harvest, 2006, 320 p.
2. Boreyko V. E. Philosophers of animal protection and environmental protection. K.: Logos, 2012. 180 p.
3. Arthur Basham Civilization of Ancient India. Yekaterinburg: U-Factoria, 2007, 496 p.
4. Kaplo F. Protect all living things. Buddhism and Vegetarianism. Moscow: Karma Yeshe Paldron, 2001, 108 p.
5. Kremo Michael A., Mukunda Goswami. Divine nature. M.: BBT, 2004, 121 p.
6. Zubkov S.A. Criteria of religious ecophilicity // Proceedings 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.
7. Rosen S. Vegetarianism in World Religions: The Transcendental Diet. M.: Philosophical book, 2013. 176 p.
8. Roald E. Christiansen Ecotheology. Arkhangelsk: Pomor State Publishing House. University named after M.V. Lomonosov, 2002. 297 p.
9. Satsvarupa dasa G. Essays on Vedic Literature. M.: BBT Publishing House, 2008, 160 p.
10. Timoshchuk A.S. Cultural and civilizational influence of the ethics of non-violence L.N. Tolstoy // Science Art Culture. 2018. No. 4 (20). pp. 189-191.
11. Timoshchuk A.S. Non-violent conflict management // Conflictology in the transforming Russian society: theory and practice: abstracts and materials of the All-Russian conference. Moscow: Federal Scientific Research Center of the Russian Academy of Sciences, 1998, pp. 38-40.
PHILOSOPHY. RIGHT. SOCIETY
LANG Petr Petrovich
Ph.D. in Law, associate professor, professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
POLIKARPOV Oleg Evgenjevich
Secretary of the court session of the department for ensuring legal proceedings in administrative cases of the Sixth Cassation Court of General Jurisdiction
LEGAL ACTIVITY: PHILOSOPHICAL AND LEGAL ASPECT
In the process of transformation of all spheres of life, the issue of value content deformation plays a special role. One of the most important types of activity is legal activity, which is a key legal component and is based on the legal worldview of both the subject performing it and society as a whole. At the same time, the question arises about what are the criteria of the value bases when determining them as such, whether they will be the same for each subject of public relations, what should be paid attention to when interpreting legal norms, etc. The resolution of emerging issues is possible when considering legal activity as a complex phenomenon, taking into account its ideological and axiological principles, to which this work is devoted.
Keywords: legal activity, axiology of law, axiology of legal activity, ideological foundations of legal activity
Work bibliographic list
1. Borulenkov Yu. P. Methodological status of hermeneutics in legal knowledge // Legal science: history and modernity. – 2015. – No. 7. – P. 191,195, 196.
2. Zhukov VN Introduction to legal axiology (questions of methodology) // State and law. – 2009. – No. 6. – P. 20.
3. Ilyin I. A. On the essence of legal consciousness. – M., 1993. – S. 22, 40.
4. Kant I. Works. In 8 vols. – M., 1994. – T. 4.
5. Korobka VN The role of the legal worldview in the mechanism of legal regulation // Philosophy of Law. – 2011. – No. 2. – S. 29-35.
6. Lang P. P. Legal activity: axiological and ideological foundations: dissertation abstract for the degree of Doctor of Law. – Samara, 2022. – 22 p.
7. Lebedeva N. N. Legal culture of personality and the Internet: Theoretical aspect: Abstract of the thesis. … cand. legal Sciences: 12.00.01 / Ros. legal acad. Justice of the Russian Federation. – M., 2004. – S. 12.
8. Malykovtseva E. V. Legal values as a means of harmonization of public and private interests // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 7.
9. Nersesyants V. S. Philosophy of law: a textbook for universities. – Moscow, 1997. – S. 17-31.
10. Rybakov V. A. Legal culture and legal consciousness of citizens: critical remarks // Bulletin of the Omsk University. Series “Right”. – 2016. – No. 4 (49). – S. 6-11.
11. Rybakov O. Yu. Philosophy as a source and ideological basis of the theory of human rights // Legal education and science. – 2022. – No. 8. – P. 15-19.
PHILOSOPHY. RIGHT. SOCIETY
RUNAEV Roman Yurjevich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
PHILOSOPHICAL UNDERSTANDING OF THE MORAL IMPERATIVE IN KANTIAN ETHICS
The article offers an analysis of actions committed by a person through the prism of tabooing antisocial norms of behavior with the help of a moral imperative existing in the public consciousness. The latter is proposed to be considered as following a universal law that allows a person to achieve both social justice and a happy life. At the same time, happiness according to Kant is not selfish, since a reasonable person is directed not only at himself, but also for the common good. The priority of morality is inherent in the social nature of the individual often even surpasses the right, since only absolute observance of the rules and norms of a healthy human community gives a calm and “dormant” conscience for the physical nature of a person, and “ this is complete happiness, the only one worthy of a person.”
KeyWords: philosophy, ethics, morality, morality, universal law, imperative, action.
Work bibliographic list
1. Kalinnikov L. A. Immanuel Kant in Russian poetry. – M .: “KANON +”, 1981.
2. Kant I., Hegel G. The categorical imperative and universal world irony. – M.: Rodina, 2020.
3. Kant I. Metaphysics of morals / You must, therefore you can. – M.: Rodina, 2019.
4. Sarbievsky M. K. Society of Jesus, Opera “Postuma”. – Warsaw, 1769.
5. Tatarkevich V. On the happiness and perfection of man. – M .: “Progress”, 1981. – S. 368.
PHILOSOPHY. RIGHT. SOCIETY
SHAYSLAMOVA Muslima Muslimovna
Ph.D. in historical sciences, associate professor of General humanitarian disciplines sub-faculty of the Neftekamsk branch of the Bashkir State University
THE PHENOMENON OF MASS CULTURE (PHILOSOPHICAL ASPECT)
The article analyzes the philosophical aspect of mass culture, substantiates the understanding of mass culture as a component of the social, spiritual development of society, which has a growing impact on its condition, performing functions conditioned by the real needs of society at a certain stage of its development. The author notes that mass culture has the peculiarity of penetrating into all forms of culture, as a result, a special consumer consciousness of society is formed, weakening its moral image. It is emphasized that crucial historical events on a global scale have played an important role in the dialogue of civilizations. The paper highlights the features, positive components of mass culture; it is noted that the idea of “planetary ethics” will be able to manifest itself in the best way if humanity is focused on the best manifestations of all varieties of cultures.
Keywords: mass culture, industrial society, mass media, value system.
Work bibliographic list
1. Shestakov V. P. Mythology of the XX century: Criticism of the theory and practice of bourgeois “mass culture”. – M., 1988.
2. Adorno T., Horkheimer M. Dialectics of education. Philosophical Fragments. -M., -SPb., 1997.
PHILOSOPHY. RIGHT. SOCIETY
SHAYKHUTDINOVA Diana Rashatovna
junior researcher of the Department of Scientific Communication and Popularization of Science of the Institute of Philosophy of the Russian Academy of Sciences
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, chief researcher of the Institute of Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences, Academician of the Academy of Sciences of the Republic of Bashkortostan
CROWDSOURCING AS AN INSTITUTION OF SOCIO-ECONOMIC STUDIES
The article deals with topical issues of crowdsourcing as a method and form of research organization, and regulating of social and economic relationships. In terms of the present investigation crowdsourcing is viewed as a delegation of several functions to a number of people without an employment subcontract in order to engage knowledge, experience, artistic capacity of people into solving different theoretical and practical problems. It is argued that at present crowdsourcing has formed as a certain social institution, the structure of which consists of a number of elements: presence of a certain society (crowd); mainfigure-crowdsourcer; a task with an accurate goal; the Internet and a reward. On the basis of the interconnected functioning of the mentioned components the main objectives of crowdsourcing are performed. The main streams of modern crowdsourcing are defined as well as their pros and cons. The necessity of creating fundamental works on crowdsourcing and practical recommendations on how to improve its efficiency is substantiated.
Keywords: Crowdsourcing, crowdfunding, socio-economic management.
Work bibliographic list
1. Lapidus L.V. Crowdsourcing and crowdfunding. Marketing promotion of projects, products and services // Bulletin of the Financial University. 2016. No. 4. S. 32-41.
2. Howe J. Crowdsourcing: collective intelligence as a tool for business development. Moscow: Alpina Publisher, 2014. 288 p.
3. Shuroveski J. The wisdom of the crowd. Moscow: Williams, 2007. 304 p.
4. Shaikhutdinova D. R., Fayzullin F. S. The essence of crowdsourcing as a method for studying socio-economic phenomena // Multinational region: social technologies for sustainable development // Proceedings of the All-Russian Conference with International Participation. Ufa: Aeterna, 2022, pp. 136-140.
5. Faizullin F. S., Faizullin T. F. Ensuring the ecological balance of the region // Philosopher, ecologist, poet in life, E. V. Girusov. Moscow: IKAR, 2021, pp. 105-113.
6. Tegin V. A., Usmanov B. F. Crowdsourcing in the generation of innovative ideas. Mir transporta. 2012. No. 6. S. 118-123.
7. Kasavin I. T. Social philosophy of science and collective epistemology. Moscow: Ves Mir, 2016. 262 p.
PHILOSOPHY. RIGHT. SOCIETY
SHILOVA Olga Sergeevna
Ph. D. in historical sciences, associate professor of Mass communications and multimedia sub-faculty of the Irkutsk State University
KHOMICH Natalya Viktorovna
Ph. D. in philological sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
INFORMATION AS AN OBJECT OF PHILOSOPHICAL COGNITION: THE STAGES OF FORMATION OF THE GLOBAL INFORMATION SOCIETY
The article considers information as an object of philosophical cognition. The main conceptual approaches to the definition of the concept of information from different fields of knowledge are presented, as well as the main characteristics of this concept are identified. The stages of the formation of the philosophy of information as a separate direction of social philosophy and its influence on the development of the information society are studied separately. It is noted that the emergence of new media and an increase in its volume leading to an information revolution, which entailed global social and historical transformations in society. The transition of information into the category of the primary resources of humanity causes many threats and the problem of the struggle for the possession of this resource. A new way of exchanging information leads to a rethinking of previously existing ideas about the world and forms the prerequisites for another information revolution.
Keywords: information, philosophy, information revolution, information society.
Work bibliographic list
1. Bell D. The coming post-industrial society: The experience of social forecasting / Per. from English. Inozemtsev V. – Moscow: Academia, 1999. – 956 p.
2. Wiener N. Cybernetics and society // Per. E. G. Panfilova. – Moscow: Publishing house: foreign literature, 1958. – 200 p.
3. Elyakov A. D. Modern information revolution // Sociological research. – 2003. – No. 10. – P. 29.
4. Kolin KK Philosophy of information and fundamental problems of modern informatics // Prospects of science and education. – 2013. – No. 6. – P. 9-13.
5. Castells M. Information Age: Economics, Society and Culture. – M.: GU VSHE, 2000. – 590 p.
6. Machlup F. The Production and Distribution of Knowledge in the United States. – N.J.: Princeton, 1962. – 416 p.
7. Rakitov AI Our way to the information society//Theory and practice of social and scientific information. – M.: INION, 1989. – 302 p.
8. Toffler E. The Third Wave. – M.: AST, 2002. – 800 p.
9. Umesao T., Hoso A. Joho sangyo ron. Information Industry Theory: Dawn of the Coming Era of the Ectodermal Industry. – Tokyo: VP, 1963. – 156 p.
10. Floridi L. Philosophy of information. – Oxford: Oxford University Press, 2011. – 405 p.
11. Khakimov A.G. Levels of consciousness. The structure of the human personality. Reflections. – Kyiv: Avalon-Alpha, 2013. – 69 p.
12. Hartley R. V. L. Transmission of Information // Bell System Technical Journal. – 1928. – Vol. 7.-Pp. 335-363; 535-541.
13. Shannon K. A Mathematical Theory of Communication // Bell System Technical Journal. – 1948. – Vol. 27.-Pp. 379-423, 623-656.
PHILOSOPHY. RIGHT. SOCIETY
ARCHIBASOV Maxim Evgenjevich
postgraduate student of Philosophy and cultural studies sub-faculty of the Bashkir State University
THE WORLD ORDER AND HUMAN NATURE AS THE DETERMINING GROUNDS OF SOCIAL IMITATION
The article discusses analytical arguments in favor of the evidence of copying by the modern world order of the harmonization of the intertwining connections of the segmented components of the Universe, as well as the social imitation by man of intra-state relations in society, states and coalitions on a global scale and, accordingly, the complementarity of planetary units in the vastness of the galaxy. Being components of each other, each of them by its nature is predestined to copy the relationships of the highest level on the lowest, thus ensuring the functioning of each other. The author substantiates the fact of destructive external influence on the mass social imitation of the state scale.
Keywords: Universe, man, world order, social imitation, organism, brain, mind.
Work bibliographic list
1. Esenina T. The human body is comparable to the Universe. – [Electronic resource]. – Access mode: https://www.infuture.ru/article/8985?ysclid=l9l43fwx7y835410627 (date of access: 10/23/2022).
2. Dudalov D. Model of the world. – [Electronic resource]. – Access mode: https://www.b17.ru/blog/51975/?ysclid=l9l6bvfmkf456193129 (date of access: 10/23/2022).
3. Siegel I. Are we just the brain cells of a larger creature on a planetary scale? – [Electronic resource]. – Access mode: https://www.cameralabs.org/9740-ne-yavlyaemsya-li-my-prosto-kletkami-mozga-bolee-krupnogo-sozdaniya-planetarnogo-masshtaba?ysclid=l9l39e18kh413593222 (date of access: 10/23/2022 ).
4. Zinkovsky S. A., Golovina I. V. Monadology of Gottfried Leibniz, philosophical personalism and the Theology of the individual // Bulletin of the Yekaterinburg Theological Seminary. – 2020. – No. 4 (32). – S. 112-136.
5. Transition period. Why is the US destroying the world. – [Electronic resource]. – Access mode: https://www.liveinternet.ru/users/3790905/post357417027/ (date of access: 10/23/2022).
6. Sokovikova L. Does the Universe look like a brain? – [Electronic resource]. – Access mode: https://www.hi-news.ru/eto-interesno/poxozha-li-vselennaya-na-mozg.html?ysclid=l9l35e3daw791640707 (date of access: 10/23/2022).
7. The teaching of M. V. Lomonosov on the motion of atoms. – [Electronic resource]. – Access mode: http://www.v-ratio.ru/fiziki/04-dvizhenie-atomov.html (date of access: 10/23/2022).
8. Fadeev K. V., Borisova I. A. Political analysis of the implementation of the information policy of the Russian state in modern foreign policy conditions // Vestnik BIST (Bashkir Institute of Social Technologies). – 2022. – No. 2 (55). – S. 196-200.
9. Khizhnyak N. Research shows how space affects the human body. – [Electronic resource]. – Access mode: https://www.hi-news.ru/research-development/issledovaniya-pokazyvayut-kak-kosmos-vliyaet-na-chelovecheskij-organizm.html?ysclid=l9l7jp4ju5556513662 (date of access: 10/23/2022).
10. Man is a model of the Universe! The universe is a model of man! – [Electronic resource]. – Access mode: https://www.liveinternet.ru/users/4061666/post401814950/ (date of access: 10/23/2022).
PHILOSOPHY. RIGHT. SOCIETY
LANG Petr Petrovich
Ph.D. in Law, associate professor, professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
PAPCHIKHIN Pavel Sergeevich
magister student of the S. P. Korolev Samara National Research University
THE HUMAN RIGHT TO LIFE IN THE PHILOSOPHICAL AND ANTHROPOLOGICAL SENSE
In this article, the author raises the problem of non-recognition of the human right to life from the moment of conception. The author sees the root of the problem in the contradiction between domestic normative legal acts of human nature and the achievements of biological science. An analysis of the scientific literature allows the author to come to the conclusion that it is necessary to recognize the human right to life as a natural legal concept from the moment a living cell appears in the female body, from which a new person will develop.
Keywords: human right to life, natural law, legal values, an anthropocentrism
Work bibliographic list
1. Kabanov N. A. Human anatomy: a textbook for universities. – M.: Yurayt, 2022. – 464 p.
2. Nersesyants V.S. History of political and legal doctrines: textbook. – M.: Norma: INFRA-M., 2018. – 704 p.
3. Lunkevich V.V. Science of life. – M.: Yurayt, 2022. – 358 p.
4. General theory of law and state: textbook / edited by VV Lazarev. – 3rd ed., revised. and additional – M.: Jurist, 2001. – 250 p.
5. Rybakov O. Yu. Philosophy of law: textbook for masters. – 2nd ed., revised. and additional – M.: Prospekt, 2022. – 320 p.
6. Stramilova T. P. The right to life as an object of constitutional protection in the context of the implementation of the state’s criminal policy // State power and local self-government. – 2018. – No. 12. – P. 53-56.
7. Lyubimov A.P. Philosophy of law: a textbook for universities. – M.: Yurayt, 2022. – 257 p.
8. Lang P. P. Correlation and interaction of law and morality in the regulation of public relations // Issues of Russian and international law. – 2021. – T. 11. – No. 2A. – S. 172-180.
9. Lang P. P. Axiological measurement of legal matter: theoretical and utilitarian-practical aspects. – Samara: LLC “Printing Association “Standard”, 2021. – 192 p.
PHILOSOPHY. RIGHT. SOCIETY
NEKRASOV Dmitry Vladimirovich
adjunct of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
MORALITY, POLITICS, WAR IN THE PHILOSOPHY OF IMMANUEL KANT
The article examines the relationship between politics and morality in the philosophy of I. Kant, determines the place and role of political and moral aspects in armed conflicts. The moral and legal foundations of politics are studied based on the position of the thinker of the Enlightenment. The importance of a correct understanding of the relationship between morality, law and politics in the life of society is emphasized. The relevance of the views of the philosopher to today is stated, who in his practical philosophy adheres to the principle of the primacy of morality and law over politics.
Keywords: politics, morality, ethics, war, categorical imperative, will.
Work bibliographic list
1. Artemyeva O. V. Universality and autonomy in the ethics of I. Kant // Philosophical sciences. – 2018. – No. 11. – P. 92.
2. Kant I. Metaphysics of morals in two parts // Him. Collected works in 6 vols. T. 4. – M.: Thought, 1965. – C. 107-438.
3. Kant I. Fundamentals of the metaphysics of morality // I. Kant. Works: in 6 vols. – M., 1965. – T. 4. Part 1. – S. 212.
4. Kant I. Works: In 6 vols. T. 6. – M .: Thought, 1966. – S. 289-290.
5. Kumankov A. D. Theories of just war in the analytical ethics of the USA: author. dis. … cand. philosophy Sciences. – M., 2013. – S. 17.
6. Ruzhentsev S. E. The problem of morality and politics in the socio-cultural processes of Russia: author. dis. … doc. philosophy Sciences. – Ivanovo, 2020. – P. 21.
PHILOSOPHY. RIGHT. SOCIETY
USMANOV Maksim Raisovich
postgraduate student of the Ufa State Petroleum Technical University
TO THE PROBLEM OF SOCIAL FORECASTING AND DESIGN: PHILOSOPHICAL AND METHODOLOGICAL ANALYSIS
The article is devoted to the study of the problems of forecasting and designing social processes and phenomena in conditions of instability, uncertainty, accelerated variability of all subsystems of society, when they are constantly in an intermediate transitional state of development. Significant shortcomings of forecasting and designing social systems associated with inconsistency, multifactorial nature, the fundamental non-formalizability of the very object of forecasting and the imperfection of the methodology are considered.
Keywords: social forecasting, social design, social system, society, subject of social relations.
Work bibliographic list:
1. Vildanov H. S., Vildanov U. S. The role of material and spiritual values in the development of national cultures // Social and humanitarian knowledge. – 2014. – No. 10. – P. 125-131.
2. Vildanov Kh. S., Gainullin R. A. The problem of existential threats and axiological security of multinational and multicultural Russia // Eurasian Law Journal. – 2022. – No. 5 (168). – S. 511-514.
3. Vildanov Kh. S., Derkach V. V. Methodological features of social forecasting // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2017. – No. 1 (19). – S. 132-137.
4. Toshchenko Zh. T. Social forecasting // Thesaurus of sociology. Thematic dictionary-reference book. Ed. Zh. T. Toshchenko. – M., 2009. [Electronic resource]. – Access mode: https://voluntary.ru/termin/prognozirovanie-socialnoe.html.
ZIMNENKO Bogdan Leonidovich
Ph.D. in law, professor
ON THE QUESTION OF THE SIGNIFICANCE OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION IN THE LIGHT OF THE WITHDRAWAL OF THE RUSSIAN FEDERATION FROM THE COUNCIL OF EUROPE
Despite the withdrawal of the Russian Federation from the Council of Europe and the planned denunciation of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and its Protocols, the article concerns to the arguments in favor of the need for legislative , executive and judicial authorities of the Russian Federation to take into account legal positions in their activities of the European Court of Human Rights to the extent that it does not contradict the Constitution of the Russian Federation as interpreted by the Constitutional Court of the Russian Federation.
Keywords: Constitution of the Russian Federation, Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and its Protocols, denunciation, judgments (decisions) of the European Court of Human Rights, international treaties of the Russian Federation, generally recognized principles and norms of international law, protection rights and freedoms of man and citizen, international treaty bodies of the UN, withdrawal of the Russian Federation from the Council of Europe.
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economic sciences, professor of Constitutional and international law sub-faculty of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, Head of Humanitarian and social and economical disciplines sub-faculty of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
HISTORICAL AND INTERNATIONAL LEGAL ASPECTS ACCESSION OF FINLAND AND SWEDEN TO NATO
Events in Ukraine have had a huge impact on the system of international relations in general and, in particular, in Northern Europe. For the first time in many decades, the question arose of maintaining a commitment to the policy of neutrality. Joining the Alliance of the two Northern European countries may destroy the foundations of cooperation and good-neighborly relations with Russia, leading to a complication of military and political tensions in the Baltic region, in the Arctic latitudes.
Keywords: Russia, Sweden, Finland, Turkey, the policy of neutrality, North Atlantic Alliance (NATO), special military operation, cooperation, international law.
Work bibliographic list
1. Gribanov G.I., Kosov Yu.V. NATO policy in the Baltic – goals and priorities // Baltic region (VAK, RSCI). 2018. V. 10. S. 58-59.
2. Gromov K. The Baltic frontier: what awaits the Russian Federation if Finland and Sweden join NATO? // Baltic frontier: what awaits the Russian Federation if Finland and Sweden join NATO? — Readovka.news
3. Gulyakin S.S. Double neutrality of Sweden in 1940-1970. // Scientific and technical statements of St. Petersburg State Polytechnical University. Humanities and social sciences. 2018. V. 9. No. 1. S. 45-53. B01: 10.18721/JHSS.9105
4. Danilov D.A. Finland and Sweden at NATO Open Doors // Scientific and Analytical Bulletin of IE RAS. 2022. No. 2. S. 16-23. DOI: 10.15211/vestnikieran220221623; C. 16.
5. How did the positions of Finland and Sweden change on the issue of joining NATO// TACC/ 18.05.2022. [Electronic resource]. – Access mode: How did the positions of Sweden and Finland change on the issue of joining NATO – TASS (tass.ru)
6. Kezak I. The Baltic Gambit: what did Finland decide to sacrifice for NATO membership // Izvestia (electronic edition), 05/21/2022. [Electronic resource]. – Access mode: Baltic Gambit: what did Finland decide to sacrifice for NATO membership / Articles / Izvestiya (iz.ru)
7. Malysheva E.M. Swedish “Neutrality” in the Second World War // Bulletin of St. Petersburg University. History (Scopus, HAC, RSCI, ESCI), 2016, Series 2, Issue 2. With. 4-17. DOI: 10.21638/11701/spbu 02.2016.201
8. Manoilo A.V., Trunov F.O. Military-political activity of NATO in the Baltic countries at the present stage // Problems of European security. 2018. S. 159-172
9. Plevako N. Swedish and Finnish neutrality. In the past? // Scientific and analytical bulletin of IE RAS. 2022. No. 2. S. 24-31. DOI: 10.15211/vestnikieran220222431;
10. The President of Croatia opposed the entry of Finland and Sweden into NATO. 04/26/2022 (electronic edition). [Electronic resource]. – Access mode: Croatian President opposed the entry of Finland and Sweden into NATO – RBC (rbc.ru)
11. Timofeev I.N. Doubtful efficiency? Sanctions against Russia before and after February // Russia in Global Affairs. 2022. V. 20. No. 4. S. 136-152. [Electronic resource]. – Access mode: Questionable efficiency? Sanctions against Russia before and after February – Russia in Global Affairs (globalaffairs.ru)
12. Turkey declared dissatisfaction with Sweden and Finland’s extradition requests // Izvestia (electronic edition), August 18, 2022 [Electronic resource]. – Access mode: Turkey declared Sweden and Finland dissatisfied with extradition requests: Politics: World: Lenta.ru
13. “A clear signal of Russia”: the Scandinavian countries have concluded a defense agreement // Military Review. 09/24/2020 (electronic edition). [Electronic resource]. – Access mode: “Clear signal of Russia”: the Scandinavian countries have concluded a defense agreement (topwar.ru)
14. Shablovsky V.S. Relations between Russia and NATO in the context of the crisis in Ukraine // Post-Soviet Studies. 2019. V. 2. No. 2. S. 1032-1040.
15. Erdogan said that Turkey will not agree to the entry of Sweden and Finland into NATO (electronic edition). [Electronic resource]. – Access mode: Erdogan said that Turkey will not agree to the entry of Finland and Sweden into NATO – TASS (tass.ru)
16. Holmström, M. (2022). Minsk admisstro mot Sverigesforsvar. DagensNyheter. 01/10/2022. Available at: [Electronic resource]. – Access mode: https://www.dn.se/sverige/minskad-misstro-mot-sveriges-forsvar/ (accessed 04/10/2022).
INTERNATIONAL LAW
FARKHUTDINOV Insur Zabirovich
Ph.D. in Law, Editor-in-Chief of the Eurasian Law Journal, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
KINGDOM OF MOROCCO AND THE STATE OF ISRAEL: INTERNATIONAL LEGAL FRAMEWORK FOR COOPERATION. WHAT WILL PREVAIL – ZIGZAG POLITICS OR POLITICS OF REALITY?
Morocco, the United States and Israel signed a Joint Declaration two years ago declaring that the United States recognizes Moroccan sovereignty over the entire territory of Western Sahara and reiterates its support for a serious, credible and realistic proposal for autonomy as the only basis for a just and lasting solution to the dispute over the territory of Western Sahara. Sahara. Under this tripartite document, Morocco was the fourth Muslim country to establish relations with Israel. A little earlier in the same 2020, as part of the Abraham Accords, Bahrain, Sudan and the UAE established diplomatic relations with Israel. The peace agreements have received a sharp response in the Middle East. Many countries in the region condemned these Muslim states for rapprochement with Israel. How is the process of normalization of relations between Morocco and Israel proceeding? What historical background favors the politics of reality in bilateral relations?
This material of the author is a continuation of his scientific and practical researches, published in different years in the Eurasian Law Journal.
Keywords: “Abraham Accords”, Jewish Community of Morocco, Western Sahara, Mohammed VI, Benjamin Netanyahu, League of Arab States, Al-Quds Committee, “May War”, “Negev Summit”.
Work bibliographic list
1. UN, The United Nations and Decolonization, Non-Self-Governing Territories, at: [Electronic resource]. – Mode of access: https://www.un.org/dppa/decolonization/en/nsgt.
2. See: Independence Betrayed. Collection of studies and documents on the modern history of the Saharan Arab Democratic Republic / Compiled by Elena Vicens. M.: REGNUM, 2007. 118 p.
3. White House Press Release, Proclamation on Recognizing the Sovereignty of the Kingdom of Morocco Over the Western Sahara (Dec. 10, 2020), at: [Electronic resource]. – Mode of access: https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-recognizing-sovereignty-kingdom-morocco-western-sahara [https://perma.cc/EP9Y-9MLG].
4. United States Recognizes Morocco’s Sovereignty Over Western Sahara // American Journal of International Law. Volume 115. Issue 2. April 2021. Pp. 318-323.
5. The President of the Republic, the Supreme Commander of the Armed Forces, Officially Declares the End of the Ceasefire Commitment, Sahara Press Serv. (Nov. 14, 2020), at: [Electronic resource]. – Access mode: https://spsrasd.info/news/ar/articles/2020/11/14/28488.html.
6. White House Press Release, President Donald J. Trump Has Brokered Peace Between Israel and the Kingdom of Morocco (Dec. 11, 2020), at: [Electronic resource]. – Mode of access: https://trumpwhitehouse.archives.gov/briefings-statements/president-donald-j-trump-brokered-peace-israel-kingdom-morocco [https://perma. cc/W8Z6-Z76J].
7. James A. Baker III, Opinion: Trump’s Recognition of Western Sahara Is a Serious Blow to Diplomacy and International Law, Wash. Post (Dec. 17, 2020), at: [Electronic resource]. – Access mode: https://www. washingtonpost.com/opinions/2020/12/17/james-baker-trump-morocco-western-sahara-abraham-accords.
8. Adwan Fathi Hishamm. “Cold peace” between Israel and Morocco: a look into the future // Blog of the Ural Association of Young Middle Easterners. July 23, 2021.
9. Ponomarenko L. V., Chikrizova O. S. Foreign policy priorities of the Kingdom of Morocco // Vestnik RUDN. Series General History. 2014. No. 1. P. 171.
10. Nosenko E. Moroccan Jews: a path in history. Published: 22 Feb. 2015.
11. Dan D. History of the Jewish community in Morocco; Lazaris V. Guide to Galut. E
Jewish world in one book. M.: Knizhniki, 2019.
12. Lukoyanov A. K., Tronov A. M. Israel and Morocco: the politics of reality. May 10, 2006.
13. Pavlutskaya E. V. Moroccan-Israeli relations // Middle East and modernity. Issue 38. M.: IBV, 2009.
14. Morocco’s Diplomatic Morass. January 4, 2022
15. Tsukanov L. After the “Negev”: the future of collective security in the Middle East. RIAC. May 16, 2022.
INTERNATIONAL LAW
VOLKOVA Alina Aleksandrovna
postgraduate student of International law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE RELATIONSHIP OF THE WTO LFS AND REGIONAL MECHANISMS FOR THE CONSIDERATION OF TRADE DISPUTES: A NEW ROUND OF DISCUSSIONS
The wave of regionalism that has swept over the world legal order in recent years has entailed not only quantitative changes in the number of regional agreements concluded, but also a qualitative expansion of their content. In contrast to the universal mechanism for the consideration of trade disputes within the WTO, regional legal systems have their own jurisdictional bodies. In the context of the crisis of the WTO Appellate Body, the international scientific community is re-actualizing discussions about the relationship between universal and regional mechanisms for resolving trade disputes.
Keywords: World Trade Organization, regional trade agreements, Agreement on rules and Procedures governing Dispute Resolution in the WTO, competition of jurisdictions, mechanism for resolving trade disputes.
Work bibliographic list
1. Khuzikhanova A. R. WTO Dispute Resolution Body and Judicial Mechanisms of International Regional Economic Integration Organizations: Conflict of Jurisdictions // Russian Journal of Law. 2016. No. 6 (111). pp. 47-51.
2. Spartak A. N. Metamorphoses of the regionalization process: from regional trade agreements to mega-regional projects // Outlines of global transformations: politics, economics, law. 2017. V. 10. No. 4. S. 13-37.
3. Baronchini E. WTO and regional dispute resolution systems: conflict of jurisdictions // International Justice. 2014. No. 3 (11). pp. 131-136.
4. Smbatyan A. S. WTO and regional integration associations: the ratio of “legal forces” in the settlement of trade disputes // Russian. foreign economic messenger. 2011. No. 8. S. 74-82.
5. Solntsev A. M., Golubev V. V. WTO and regional integration associations: competition of jurisdictions and applicable principles of law in resolving interstate disputes // Vestnik VolGU. Ser. 5. Jurisprudence. 2013. No. 1. S. 93-98.
6. Kugeiko I. V. Characteristics of the jurisdictions of the mechanisms for resolving international economic disputes // Law. Economy. Social partnership: a collection of reports of the International scientific and practical conference dedicated to the 90th anniversary of the Educational Establishment of the Federation of Trade Unions of Belarus “International University” MITSO “(Minsk, March 26, 2020): at 2 hours / [editorial board: V. V Losev (editor-in-chief), etc.]. Minsk: MITSO, 2020. Part 1. S. 471-474.
7. Trunk-Fedorova M.P. Dispute resolution under free trade agreements: an alternative to the mechanism of the World Trade Organization? // International justice. 2019. No. 3 (31). pp. 102-113.
8. Kolchagin G.M. The collapse of the Appellate Body as a determining factor for the future of the WTO // Vestnik mezhdunarodnykh organizatsii. 2021. V. 16. No. 3. S. 238-255.
9. Ispolinov A.S. To the 20th anniversary of the WTO: a critical look at the practice of the Dispute Settlement Body// Trade policy/Trade policy. 2015. No. 1/1. pp. 10-30.
10. Ehring L. Public Access to Dispute Settlement Hearings in the World Trade Organization. // Journal of International Economic Law. 2008 No. 11 (4). P. 1021-1034.
INTERNATIONAL LAW
AYRIYAN Erna Vladimirovna
a Chairman of the Court of the Eurasian Economic Union
A CRISIS OF NORMATIVE LEGITIMACY OF INTERNATIONAL INVESTMENT ARBITRATION
The article examines the main causes of the current crisis of the legitimacy of the existing arbitration system of solving investment disputes, with special attention being paid to the origin of the theory of legitimacy in international law, as well as the normative and subjective legitimacy of international courts and arbitrations. According to the author, crisis phenomena are noted in both aspects of the legitimacy of international investment arbitration, and it was the crisis of normative legitimacy that influenced the intention of states to reform the existing arbitration mechanism for resolving investment disputes. The most radical solution in this direction is the EU proposal to completely replace the arbitration system with a permanent international investment court.
Keywords: international investment arbitration, normative and subjective legitimacy, crisis.
Work bibliographic list
1. Alvarez J., Topalian G. The Paradoxical Argentina Cases // World Arbitration & Mediation Review. – 2012. – Vol. 6. – P. 492-543.
2. Ataman-Figanmeşe I. Manufacturing Consent to Investment Treaty Arbitration By Means of the Notion Of “Arbitration Without Privity” // Annales de la Facultéde Droit d Istanbul. – 2011. – no. 60. – P. 187-201.
3. Bonnitcha J., Poulsen L. Waibel M. The Political Economy of the Investment Treaty Regime. – Oxford University Press, 2017.
4. Bottini G. Should Arbitrators Live on Mars? Challenge of Arbitrators in Investment Arbitration // Suffolk Transnational Law Review. – Vol. 32. – P. 341-365.
5. Brower Ch., Schill S. Is Arbitration a Threat or a Boon to the Legitimacy of International Investment Law? // Chicago Journal of International Law. – 2009. – Vol. 9. – No. 2. – P. 471-498.
6. Curtis S. Resolving Investor State Dispute Settlement’s Legitimacy Crisis: The Case for Reinstating the Requirement to Exhaust Local Remedies // LSE Law Review. – 2021. – Vol. VII. – P. 6.
7. Diamond N., Duggal K. Adding New Ingredients to an Old Recipe: Do ISDS Reforms and New Investment Treaties Support Human Rights? // Case Western Reserve Journal of International Law. – 2021. – Vol. 53.–No. 1. – P. 117-162.
8. Franck S. Legitimacy Crisis in Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions // Fordham Law Review. – 2005. – Vol. 73. – P. 1520-1625.
9. Franck T. Legitimacy in the International System // American Journal of International Law. – 1988. – Vol. 82. – No. 4. – P. 705-759.
10. Grossman N. The Normative Legitimacy of International Courts // Temple Law Review. – 2013. – Vol. 86. – P. 61-106.
11. Grossman N. Legitimacy and International Adjudicative Bodies // The George Washington International Law Review. – 2009. – Vol. 41. – No. 1. – Pp. 107-180.
12. Hartmann S., Spruk R. The impact of unilateral BIT terminations on FDI: Quasi experimental evidence from India // The Review of International Organizations. – 2022. – Vol. 17. – No. 3. [Electronic resource]. – Access Mode: https://link.springer.com/article/10.1007/s11558-022-09471-3.
13. Kim D. The Annulment Committee’s Role in Multiplying Inconsistency in ICSID Arbitration: The Need to Move away from an Annulment-Based System // New York University Law Review. – 2011. – Vol. 86. – No. 1. – P. 242-279.
14. Kulaga L. A brave, new, international investment court in context. Towards a paradigm shift of the ISDS // XXXVIII Polish yearbook of international law. – 2018. – P. 115-139.
15. Langford M., Daniel Behn D. Managing Backlash: The Evolving Investment Treaty Arbitrator? // The European Journal of International Law. – 2018. – Vol. 29. – No. 2. – P. 551-580.
16. Lowenfeld A. The ICSID Convention: Origins and Transformation // Georgia Journal of International and Comparative Law. – 2009. – Vol. 38. – P. 47-61.
17. Marceddu M., Ortolani P. What Is Wrong with Investment Arbitration? Evidence from a Set of Behavioral Experiments // The European Journal of International Law. – 2020. – Vol. 31. – No. 2. – P. 405-428.
18. Pauwelyn J. At the edge of chaos? Foreign Investment Law As A Complex Adaptive System, How It Emerged And How It Can Be Reformed // ICSID Review – Foreign Investment Law Journal. – 2014. – Vol. 29. – R. 372-418.
19. Puig S. Recasting ICSID’s Legitimacy Debate-Towards a Goal-Based Empirical Agenda // Fordham International Law Journal. – 2013. – Vol. 36. – No. 2. – P. 465-503.
20. Puig S. Social Capital in the Arbitration Market // The European Journal of International Law. – 2014. – Vol. 25. – No. 2. – P. 387-424.
21. Roberts A. Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System // American Journal of International Law. – 2013. – Vol. 107. – No. 1. – P. 45-94.
22 Sands Ph. Reflections on International Judicialization // The European Journal of International Law. – 2016. – Vol. 27. – No. 4. – P. 885-900.
23. Simmons B. Bargaining over BITs, Arbitrating Awards: The Regime for Protection and Promotion of International Investment // World Politics. – 2014. – Vol. 66. – P. 12-46.
24. Sornarajah M. The International Law on Foreign Investment. 3rd edition. – Cambridge University Press, 2010.
25. Thomas J., Dhillon H. The Foundations of Investment treaty Arbitration, The ICSID Convention, Investment Treaties and the review of Arbitration Awards // ICSID Review – Foreign Investment Law Journal. – 2017. – Vol. 32. – No. 3. – P. 459-502.
26. Vandevelde K. J. A Brief History of International Investment Agreements // U.C. Davis Journal of International Law & Policy. – 2005. – Vol. 12. – No. 1. – P. 157-194.
27. Zárate J. Legitimacy Concerns of the Proposed Multilateral Investment Court: Is Democracy Possible? // Boston College Law Review. – 2018. – Vol. 59. – No. 8. – P. 2765-2790.
28. Zarra G. The Issue of Incoherence in Investment Arbitration: Is There Need for a Systemic Reform? // Chinese Journal of International Law. – 2018. – Vol. 17. – P. 137-185.
29. Zhang Y. The Judicial Function of Investment Tribunals: Taking Foundational Assumptions Seriously // Journal of International Economic Law. – 2022. – Vol. 25. – No. 1. – P. 129-147.
30. Evseev E. Systemic crisis of international investment arbitration: causes, ways out // International Justice. – No. 1 (41). – S. 138-162.
31. Ispolinov A. Termination of international treaties: a riot of colors beyond the framework of the Vienna Convention on the Law of Treaties of 1969 // International Justice. – 2022. – No. 3 (43). – S. 75-95.
32. Ispolinov A. S. Where is modern investment arbitration going? // Russian legal journal. – 2015. – No. 3. – P. 80-96.
33. Ispolinov A. S. Limitation periods in international justice: doctrine and practice // Moscow University Bulletin. Episode 11: Right. – 2021. – No. 1. – P. 41-67.
34. Kozhedub A. P. The crisis of the legitimacy of international investment arbitration: an analysis of current problems and ways to overcome new challenges // Bulletin of the Vladimir Law Institute. – 2021. – No. 2 (59). – S. 65-73.
35. Ovuko-Opuko E. Problems of the legitimacy of trade and investment agreements from the point of view of developing countries // Bulletin of the O. E. Kutafin University (MSUA). – 2020. – No. 2. – P. 95-108.
INTERNATIONAL LAW
KOFFI N’gouan Jean Francois Regis
postgraduate student of the 3rd course of International law sub-faculty of the Peoples’ Friendship University of Russia
MECHANISMS FOR THE CONSIDERATION OF INTERNATIONAL TRADE DISPUTES WITHIN THE WTO: STATUS AND PROSPECTS
In terms of WTO main activity, the is an existing mechanism to resolve international trading conflict which also becomes a political one and requires an independent solution. However, that does not abolish the fact of existing problems within the work of the WTO, especially those affecting the legal status of the organization, its capabilities in terms of the International Law system, as well as its actions and mechanisms to solve the conflict situations.
Keywords: international trade organization, international disputes, trade, negotiations, economic cooperation.
Work bibliographic list
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2. Bossche P. V. The Law and Policy of the World Trade Organization. – Cambridge: Cambridge University Press, 2008. – 917 p.
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4. Trofimenko S. Yu. Dispute resolution mechanism in GATT/WTO // Bulletin of St. Petersburg State University. – 2008. – Series 5. No. 2. – P. 80-89.
5. Trunk-Fedorova M.P. Dispute resolution within the framework of the World Trade Organization. – St. Petersburg: SF SPbSU. – 2005. – 312 p.
6. Isachenko T. M. WTO reform: prerequisites, conditions and prospects // Bulletin of MGIMO University. – 2016. – No. 3 (48). – S. 239-248.
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8. Isachenko T. M. WTO dispute resolution system. // International processes. – 2019. – No. 4. – S. 22-35.
9. Zagashvili V. S. Stagnation in the WTO as a manifestation of the crisis of globalization // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2019. – T. 63. No. 6. – S. 5-12.
10. Zaitseva L. I. Rights of states in the process of resolving disputes in the World Trade Organization. Dis. … Ph.D. – M., 2016. – 254 p.
11. Smbatyan A. S. International trade disputes in GATT. WTO: Selected Decisions (1952-2005). – M.: Wolters Kluver, 2006. -336 p.
12. Solovyova O. The WTO becomes a victim of the US conflict with China // International Economics. – 2019. – No. 2. – P. 6-8.
13. Trofimenko S. Yu. Dispute resolution mechanism in GATT/WTO // Bulletin of St. Petersburg State University. – 2008. – Series 5. No. 2. – P. 80-89.
14. Karpovich O. G. Prospects for trade confrontation between China and the USA // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of Russia. Russia and the world. – 2020. – No. 4. – P. 95-109.
15. Basedow R. Strengthening the World Trade Organization – Critical Demands for Imperative Success Identifying Politically Viable Options for Incremental Reform. – 2017. – P. 4. [Electronic resource]. – Access mode: www. bertelsmann-stiftung.de/. (date of access: 20.07.2022)
16. Bown C. The 2018 trade war and the end of dispute settlement as we knew it // Vox EU column. – 2019. [Electronic resource]. – Mode of access: https://cepr.org/voxeu/columns/2018-trade-war-and-end-dispute-settlement-we-knew-it (accessed 20.08.2022)
17. Memorandum of Understanding. City of Palm Desert: CSUSB Scholar Works. (1994). Article 17, Appellate review, paragraph 1. [Electronic resource]. – Access mode: https://scholarworks.lib.csusb.edu/cgi/viewcontent.cgi?article=1001&context=pdc-history. (date of access: 07/23/2022)
18. Memorandum of Understanding. City of Palm Desert: CSUSB ScholarWorks. Article 17, paragraph 3. [Electronic resource]. – Access mode: https://scholarworks.lib.csusb.edu/cgi/viewcontent.cgi?article=1001&context=pdc-history. (date of access: 07/26/2022)
19. Siroën J. M. Trump’s Trade Wars: Hero on Multilateralism. //Foreign Policy. – 2018 – No. 4. – p. 97.
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447.
21. Dunoff J. L, Pollack M.A. The Judicial Trilemma. // The Temple University Legal Studies Research Paper. [Electronic resource]. – Access Mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2955172. (date of access: 24.08.2022)
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25. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P. 9-10.
26. McDougall R. The Crisis in WTO Dispute Settlement: Fixing Birth Defects to Restore Balance. // The Journal of World Trade. – 2018. – No. 52 (6). – P. 881.
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30. Zhou W. Gao H. “Overreaching” or “over-reacting”? Reflections on the Judicial Function and Approaches of the WTO Appellate Body // Journal of World Trade. – 2019. – Vol. 53. No. 6. – P.21.
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32. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P. 7.
33. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P.10.
34. Basedow R. Strengthening the World Trade Organization – Critical Demands for Imperative Success Identifying Politically Viable Options for Incremental Reform. – 2017. – P. 4.
35. Hoekman B. Urgent and Important: Improving WTO Performance by Revisiting Working Practices. // Journal of World Trade. – 2019. – Vol. 53. No. 3. – P. 373-394.
36. Fabry E., Tate E. Save the WTO Appellate Body or return to the Far West commercial? // Notre Europe. Jacques Delors Institute Policy Paper. – 2017. – No. 227. – P. 7-12.
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INTERNATIONAL LAW
CHEN Yutong
postgraduate student of International law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
THE CONFLICT BETWEEN THE WTO AGREEMENTS AND REGIONAL TRADE AGREEMENTS IN THE CONTEXT OF THE DS27 EC – BANANAS CASE
In the last few years, the work of the WTO Appellate Body has been paralyzed, and it is unable to consider incoming appeals. At the same time, there is a proliferation of regional trade agreements. However, the simultaneous participation of states in the WTO and in the RTAs creates some competition between agreements, which causes certain difficulties in determining the scope of states’ obligations. This article examines the problem of duplication of obligations under international agreements on the example of the DS27 case: European Communities – Regime for the Importation, Sale and Distribution of Bananas.
Keywords: Regional Trade Agreements (RTAs); World Trade Organization (WTO); European Union (EU); the Banana Case (DS27: European Communities – Regime for the Importation, Sale and Distribution of Bananas); overlapping obligations in international agreements.
Work bibliographic list
1. Lingliang Z. Under the trend of Regional trade agreements, the Negative Impact of the Transatlantic Partnership Agreement and China’s Countermeasures // Journal of Wuhan University. – 2015. – No. 68 (2). – P. 59-67.
2. Bhagwati J. US Trade Policy: The Infatuation with FTAs // Discussion Paper Series. – 1995. – No. 726.
3. Picker C. B. Regional Trade Agreements v. The WTO: A Proposal for Reform of Article XXIV to Counter this Institutional Threat // University of Pennsylvania Journal of International Economic Law. – 2005. – No. 26 (2). – P. 267-319.
4. Bessko Z.K. Going Bananas over EEC preferences? A Look at the Banana Trade War and the WTO’s Understanding on Rules and Procedures Governing the Settlement of Disputes // Case Western Reserve Journal of International Law. – 1996. – No. 28 (2). – P. 265-312.
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6 Alter K.J. Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe. – M: Oxford University Press, 2001. – P. 1-284.
7. Osling T. E. Banana Wars: The Anatomy of a Trade Dispute. – M: Wallingford, Oxon, U.K.: CABI Publishing, 2003. – P. 169-194.
8. Webber D., Cadot O. Banana splits: policy process, particularistic interests, political capture, and money in transatlantic trade politics // Business and Politics. – 2002. – No. 4 (1). – P. 5-39.
INTERNATIONAL PRIVATE LAW
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia
THE INFLUENCE OF DIGITAL TECHNOLOGIES ON THE DEVELOPMENT OF MODERN ARBITRATION: ON THE EXAMPLE OF THE AMERICAN ARBITRATION ASSOCIATION
Modern achievements in the field of digital technologies and artificial intelligence systems are the subject of discussions in the world scientific community. Digitalization and the global spread of the Internet cause an increase in the number of economic ties, including those of a cross-border nature, as well as stimulating globalization processes. The resolution of international economic disputes by state courts is often associated with many issues (definition of jurisdiction, choice of applicable law by the court), as well as high costs, risks of disclosure of trade secrets and problems associated with the recognition and enforcement of judgments. In this regard, participants in cross-border relations increasingly prefer international commercial arbitration when resolving disputes, since, according to the majority of practicing lawyers, this method is faster, cheaper and more flexible. The basis for the effective operation of arbitration institutions is provided by the development of special arbitration rules that reflect the best practices of international arbitration. In turn, advances in digital technology and the ubiquity of the Internet also contribute to the development of the institution of arbitration. Online arbitration is a fairly new concept in the dispute resolution system, including ancillary dispute resolution tools based on information and communication technologies, and, like any other innovation, is subject to extensive criticism and discussion. Identification of potential directions for the development of online arbitration, the impact of the use of digital tools on the adoption of court decisions, as well as the possibility of replacing arbitrators with artificial intelligence systems, are key issues in modern arbitration practice. In this regard, the author of this article seems to be able to analyze the use of the most common digital tools used in dispute resolution practice using the example of the American Arbitration Association, as well as to identify potential risks and prospects for the further development of digital tools in arbitration.
Keywords: online arbitration, digitalization, artificial intelligence, online dispute resolution, cyber court, virtual magistrate, American Arbitration Association.
Work bibliographic list
1. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Moscow: Yurlitinform Publishing House, 2021. – 224 p. – (Civil and arbitration process). – ISBN 978-5-4396-2227-6.
2. Ermakova E. P., Frolova E. E. Using Artificial Intelligence in Dispute Resolution// Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 131-142. – DOI 10.1007/978-981-16-4621-8_11.
3. Rusakova E. P., Frolova E. E. Current Problems of Digital Justice in the BRICS Countries // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 143-153. – DOI 10.1007/978-981-16-4621-8_12.
4. Kupchina E. V. The use of artificial intelligence technology in the US civil justice system // Legal paradigm. – 2021. – T. 20. – No. 4. – S. 63-71. – DOI 10.15688/lc.jvolsu.2021.4.8.
5. Nadine Lederer. The UNCITRAL Technical Notes on Online Dispute Resolution – Paper Tiger or Game Changer? // Kluwer Arbitration Blog. January 11, 2018. [Electronic resource]. – Mode of access: http://arbitrationblog.kluwerarbitration.com/2018/01/11/new-found-emphasis-institutional-arbitration-india/ (Date of access: 06/15/2022)
6. Vanni R. How Artificial Intelligence is Transforming the Legal Profession // Kira Inc. – 2020. [Electronic resource]. – Access mode: https://kirasystems.com/learn/how-artificialintelligence-is-transforming-the-legal-profession (Accessed 06/10/2022).
7. Bertolini A. Artificial Intelligence and Civil Liability. legal affairs. Brussels: Policy Department for Citizens’ Rights and Constitutional Affairs; Directorate-General for Internal Policies, July 2020.
8. Brudner A. United States: Law in the Age of Artificial Intelligence // Mondaq. 08/16/2019. [Electronic resource]. – Access mode: https://www.mondaq.com/unitedstates/new-technology/838022/law-in-the-age-of-artificial-intelligence (Accessed 06/05/2022).
9. Kupchina E. V. Overview of the use of digital technologies by international commercial arbitration // Eurasian Law Journal. – 2021. – No. 12 (163). – S. 206-212.
10. Colin R. Davies. An Evolutionary Step in Intellectual Property Rights – Artificial Intelligence and Intellectual Property // Computer Law & Security Review. – Vol. 27. – Issue 6. – P. 601-619. [Electronic resource]. – Access mode: https://www.tib.eu/en/search/id/BLSE%3ARN301973547/An-evolutionary-stepin-intellectual-property-rights/ (Accessed 05.06.2022).
11. Wang Faye Fangfei. online arbitration. Library of Congress Cataloging in Publication Data. – New York, 2017. – P. 25-30
12. Rule Colin. Online Dispute Resolution and the Future of Justice (October 1, 2020) // Annual Review of Law and Social Science. – 2020. – Vol. 16.-Pp. 277-292. [Electronic resource]. – Access mode: https://ssrn.com/abstract=3711299 (Date of access: 06/15/2022).
13. Morison J., Harkens A. Re-engineering justice? Robot judges, computerized courts and (semi) automated legal decision-making // Legal Studies. – 2019. – No. 39 (4). – P. 618-635. [Electronic resource]. – Access mode: https://www.intellectpro.ru/press/works/onlayn_al_ternativy_razresheniya_sporov/ (Date of access: 06/08/2022).
14. Ben Barton. Modria and the Future of Dispute Resolution. [Electronic resource]. Access mode: https://www.odreurope.com/news/articles/online-dispute-resolution/1172-modria-and-the-future-of-dispute-resolution (Date of access: 10.06.2022).
15. J. William Frank. A Review of the American Arbitration Association’s New ClauseBuilder Tool. ABA Just Resolutions. [Electronic resource]. – Access mode: http://www.adrtoolbox.com/2013/05/a-review-of-the-american-arbitration-associations-new-clausebuilder-tool/ (Date of access: 06/08/2022).
16. Blake S., Heather J. B., Stuart S. A Practical Approach to Alternative Dispute Resolution // Oxford University Press, 4th edition. – 2016. – P. 583.
INTERNATIONAL PRIVATE LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ONLINE MEDIATION PLATFORMS IN CHINA
The article provides an overview of new forms of dispute resolution – platform mediation on the example of the PRC. According to the author, platform mediation is the result of the convergence of online dispute resolution, blockchain, traditional offline mediation and new technical solutions. More than 24 million disputes were resolved in the PRC through judicial mediation by the end of 2021. In 2017, the Supreme People’s Court of the People’s Republic of China created the “China Online Mediation Platform”, over 13.6 million disputes were resolved on the platform in 3 years (65% efficiency). Non-judicial mediation platforms have been created in 30 out of 255 arbitration institutions (arbitration courts) of the PRC. An example of an online platform of “people’s mediation” is the “Bayu Peacemaker” platform. Autonomous mediation platforms are widely known, which are internal ODR systems of e-commerce platforms such as Taobao, Jingdong, Gome, Alibaba Group, etc. The main disadvantage of online mediation in China is that the applicant can only be a person who is a client of one of the Chinese banks (this is due to the authentication system). Otherwise, you need to use the services of a Chinese lawyer.
Keywords: civil procedure of the People’s Republic of China, alternative dispute resolution, online dispute resolution, platform mediation, artificial intelligence, online mediation.
Work bibliographic list
Belikova K. M., Akhmadova M. A., Romazanov A. A. Legislative foundations of mediation (mediation) as a conciliation (conciliation) procedure in the settlement of disputes in China // Russian judge. – 2015. – No. 7. – P. 16-20.
1. Ermakova E.P., Frolova E.E. Artificial intelligence in civil litigation and arbitration: the experience of the USA and China. Monograph. – M.: Ed. Yurlitinform, 2021. – 224 p.
2. Approach Beijing Internet Court deeply integrating intelligent technology into judicial trial // Beijing Internet Court. 2019-03-26. [Electronic resource]. – Access mode: https://english.bjinternetcourt.gov.cn/2019-03/26/c_26.htm Accessed 03/18/2022.
3. Beijing Internet Court promotes one-stop diversified dispute resolution and litigation source governance// Beijing Internet Court. 2020-08-06. [Electronic resource]. – Access mode: https://english.bjinternetcourt.gov.cn/2020-08/06/c_274.htm Accessed 03/18/2022.
4. China’s online mediation platform faces surging applications// Xinhua. 2021-02-21. [Electronic resource]. – Access mode: http://www.xinhuanet.com/english/2021-02/21/c_139756756.htm Accessed 03/18/2022.
5. Heping J., Lee A. (2020). From the Traditional to the Modern: Mediation in China// Weinstein International Foundation. 2020. [Electronic resource]. – Access mode: https://weinsteininternational.org/mediation-in-china/ Accessed 03/18/2022.
6. Juanjuan Z. (2018). Chapter 10. On China Cross-Border Online Dispute Settlement Mechanism-Following UNCITRAL Tnodr and Alibaba Experience// UNCITRAL Emergence Conference. [Electronic resource]. – Access mode: https://www.wgtn.ac.nz/__data/assets/pdf_file/0004/1642594/10-juanjuan.pdf Accessed 03/18/2022.
7. Majabri L. (2020). Online Dispute Resolution in China: The Ultimate Guide of ODR Platforms and E-Courts // ODR Guide. 2020. [Electronic resource]. – Access mode: https://odrguide.com/online-dispute-resolution-in-china-the-ultimate-guide-of-odr-platforms/ Accessed 03/18/2022.
8. Rusakova E.P., Frolova E.E., Arzumanova L.L. (2021) Challenges of the judicial systems of the Russian Federation and People’s Republic of China in the era of the pandemic // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. Cham, S. 1541-1549.
9. Sang, J. Internet court on solving online consumer contract disputes: Case of China / J. Sang // Digital Law Journal. – 2021. – Vol. 2. – No. 3. – P. 23-45. – DOI 10.38044/2686-9136-2021-2-3-23-45.
10. Yin C. (2022). Online platforms, specialist mediation help courts resolve cases more rapidly// China Daily. 2022-02-25. [Electronic resource]. – Access mode: https://www.chinadaily.com.cn/a/202202/24/WS62178b90a310cdd39bc88c19.html Accessed 03/18/2022.
11. Zhi S. (2019). The Path for Online Arbitration: A Perspective on Guangzhou Arbitration Commission’s Practice//Kluwer Arbitration Blog. March 4, 2019. [Electronic resource]. – Mode of access: http://arbitrationblog.kluwerarbitration.com/2019/03/04/the-path-for-online-arbitration-a-perspective-on-guangzhou-arbitration-commissions-practice/?doing_wp_cron=1596448008.6733999252319335937500 Access date 03/18/2022.
INTERNATIONAL PRIVATE LAW
ZAZULINA Lyubov Dmitrievna
postgraduate student, assistant of civil process sub-faculty of theV. F. Yakovlev Ural State Law University
INTERNATIONAL SUCCESSION PROCESS – MYTH OR PRESSING NEED?
The article examines the current procedural law regulation, as well as law application practice in international succession cases and displays that they still do not meet the needs of the private law sphere. The author sees the root cause of it in a kind of “procedural nihilism”, namely that procedural aspects are still not recognized as a specific and crucial element of an international succession. Based on the approaches developed in legal theory and analysis of international civil process development trends, the article substantiates that the law institute of the international succession process has already been formed within the latter, even though it exists only in its infancy. Recognition of this institute is to be a doctrinal basis to overcome the above-mentioned “procedural nihilism” towards international succession and eliminate existing shortcomings of procedural law regulation and law application practice.
Keywords: cross-border successions, international civil procedure, system of law, law institute, nihilism.
Work bibliographic list
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4. Anufrieva L. P. International private law: In 3 volumes. Volume 3. Cross-border bankruptcies. International commercial arbitration. International Civil Process: Textbook. M.: BEK Publishing House, 2001. 768 p.
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8. Vengerov A. B. Theory of state and law: Proc. for legal universities. – 3rd ed. correct and add.; tab. M.: Omega-L, 2006. 608 p.
9. Getman-Pavlova I. V. International private law: a textbook. – 4th ed., revised and supplementary. Moscow: Yurayt, 2013. 959 p.
10. Grinberg KV Protection of hereditary rights in a notarial and judicial order: dis. … cand. legal Sciences. Sverdlovsk, 1998. 208 p.
11. Gushchin VV, Dmitriev Yu. A. Inheritance law and process: Textbook. – 2nd ed., revised. and additional M.: Eksmo Publishing House, 2005. 720 p.
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13. Drobyazkina IV International civil process. St. Petersburg: Legal Center, 2005. 205 p.
14. Erpyleva N. Yu., Kasatkina A. S. Recognition of hereditary trusts in the countries of the continental system of law // Bulletin of the Perm University. Legal Sciences. 2016. Issue. 33. S. 337-347.
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16. Zvekov V. P. International private law. Course of lectures: Proc. for university students. M.: Norma; Infra-M, 2000. 667 p.
17. Iconitskaya A. A., Krasnov, N. I. Procedural issues of Soviet land law; Rep. editor: N.I. Krasnov. M.: Nauka, 1975. 151 p.
18. Kalinin I. B. Legal regulation of labor procedural relations (theoretical issues): dis. … cand. legal Sciences. Tomsk, 1999. 183 p.
19. Kirimova E. A. Legal Institute (theoretical and legal research): dis. … cand. legal Sciences. Saratov, 1998. 170 p.
20. Brief anthology of the Ural procedural thought: 55 years of the Department of Civil Procedure of the Ural State Law Academy / Ed. V. V. Yarkova. Yekaterinburg: Publishing House of the Humanitarian University, 2004. 652 p.
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22. Lisitsyn-Svetlanov A. G. Trends in the development of the international civil process: dis. … doc. legal Sciences. M., 2002. 280 p.
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24. Lyubashits V. Ya., Smolensky M. B., Shepelev V. I. Theory of state and law. Series “Textbooks and teaching aids”. Rostov n/a: Phoenix, 2002. 512 p.
25. Matuzov N. I., Malko A. V. Theory of state and law: textbook. – 5th ed. Moscow: Delo Publishing House, RANEPA, 2020. 528 p.
26. Medvedev I. G., Yarkov V. V. On some problems of resolving international inheritance disputes // Law. 2014. No. 8. S. 58-69.
27. International private law: textbook / Ed. ed. G. K. Dmitrieva. – 4th ed., revised. and additional M.: Prospekt, 2016. 680 p.
28. International civil process: a textbook for universities / I. V. Getman-Pavlova, A. S. Kasatkina, M. A. Filatova; under total ed. I. V. Getman-Pavlovoth. – 2nd ed. Moscow: Yurayt, 2020. 341 p.
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31. Osavelyuk, E.A. Determination of the place of the international civil process in the system of Russian law: dis. … cand. legal Sciences. M., 2004. 234 p.
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35. Rubanov A. A. Inheritance in private international law (relations between socialist countries. – M.: Nauka, 1972. – 286 p.
36. Ryaguzov A. A. Legal regulation of cross-border insolvency: diss. … cand. legal Sciences. – M., 2008. – 229 p.
37. Saenko A. V. Principles of international civil procedure: diss. … cand. legal Sciences. – M., 2013. – 190 p.
38. Sakhnova T. V. The course of the civil process. – 2nd ed., revised. and additional – M.: Statute, 2014. – 784 p.
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INTERNATIONAL PRIVATE LAW
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia
ARTIFICIAL INTELLIGENCE IN THE SYSTEM OF CIVIL JUDICIAL PROCEEDINGS IN BRAZIL
The active development of digital technologies in the era of the 4:0 industry opens up new opportunities in many sectors of public relations. Thanks to digitalization, the following have become more accessible: educational resources that provide equal access to students, regardless of their geographical location; medical services have reached a fundamentally new level through the use of high-precision digital tools and much more. Such innovations involve the creation and updating of an appropriate regulatory framework in order to ensure that the full potential of digital technologies is used. Digitalization is a complex and multi-level process, which is further complicated by the presence of cross-cutting elements and chains of mutual influences. In this regard, it is required to create a structure for managing the digital strategy, coordinating existing institutional mechanisms and ensuring priority in the implementation, monitoring and evaluation of existing initiatives. In this article, the author examines the use of digital technologies and artificial intelligence in the Brazilian judicial system, and also reveals some of the existing problems of their application.
Keywords: digitalization, artificial intelligence, innovations, machine learning, litigation.
Work bibliographic list
1. Ermakova E. P., Frolova E. E. Using Artificial Intelligence in Dispute Resolution // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 131-142. – DOI 10.1007/978-981-16-4621-8_11.
2. GUIMARÃES Rodrigo R. C. A Inteligência Artificial e a disputa por diferentes caminhos em sua utilização preditiva no processo penal // Revista Brasileira de Direito Processual Penal. – 2019. – Porto Alegre, v. 5, n. 3, – R. 1555-1588.
3 Fausto Martin De Sanctis. Artificial Intelligence and Innovation in Brazilian Justice // International Annals of Criminology. – 2021. – R. 1-10. doi:10.1017/cri.2021.4.
4. Andre Vasconcelos Roque, Lucas Braz Rodrigues dos Santos. INTELIGÊNCIA ARTIFICIAL NA TOMADA DE DECISÕES JUDICIAIS: TRÊS PREMISSAS BÁSICAS // Revista Eletrônica de Direito Processual – REDP. – Volume 22. Número 1. – Rp. 58-78
5. Luis Alberto Reichelt. Inteligência artificial e direitos fundamentais processuais no âmbito cível: uma primeira aproximação // Revista de Processo. – 2021. – Vol. 312. – R. 387-408.
6. Kupchina E. V. The use of artificial intelligence technology in the US civil justice system // Legal paradigm. – 2021. – T. 20. – No. 4. – S. 63-71. – DOI 10.15688/lc.jvolsu.2021.4.8.
EUROPEAN LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Bashkir State University
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Bashkir State University
MAIN TRENDS IN THE CRIMINAL LAW PROTECTION OF THE ENVIRONMENT IN THE EU
The article considers the main trends of legal regulation in the field of ecology, as well as the protection of the environment by criminal law means in the countries of the European Union. The urgency of this topic is due to the rapid growth of environmental offenses, including acts that have the status of crimes. European countries have made significant progress over the past few decades incorporating many environmental offenses into legally punishable criminal offenses. The article also deals with the determination of the status of such crime as ecocide in the European Community. It is emphasized that, in order to effectively combat environmental crimes, the legal framework of the state must meet current challenges and provide a solid legal basis for addressing them.
Keywords: environmental protection, environmental crimes, criminal law mechanisms, criminal liability, convention.
Work bibliographic list
1. Levitanus B. A., Strelnikov S. V. Legal regulation of “ecocide” in Russia and foreign countries // Leningrad Journal of Law. – 2020. – No. 3 (61). – S. 69-79.
2. Popova Yu. N., Vestov F. A. International criminal liability for ecocide // Legal institutions and methods of environmental protection in Russia, the CIS countries and the European Union: legislation and environmental efficiency: Materials of the V International Scientific and Practical Conference of Teachers, practical employees, students, undergraduates, graduate students. Collection of scientific articles, Saratov, October 05, 2018. – Saratov: Publishing house “Saratov source”, 2018. – P. 118-120.
THEORY OF GOVERNMENT AND RIGHTS
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
ON THE ISSUE OF SOCIAL RESPONSIBILITY OF THE MASS MEDIA
This article discusses the objective need for social responsibility that the media should bear. The moral guidelines that today’s media sources must comply with in order to ensure the development of society and the improvement of the individual through their information flows are analyzed. The issues of the negative impact of degradation content on young people and the younger generation as a whole are touched upon. Ways to improve the moral character of the domestic media are analyzed.
Keywords: mass media, television, social responsibility, tablet, phone, portable technical means, content, news channels, publics, website.
Work bibliographic list
1. Shaikhutdinova L. S. Social responsibility of the media in modern conditions // Historical, philosophical, political and legal sciences, cultural studies and art history, questions of theory and practice. – 2016. – No. 12-3 (74). – S. 206-208.
2. Zhukova D. A. Social responsibility of children’s and youth media in modern Russia // Humanitarian, socio-economic and social military sciences. – 2010. – No. 1. – S. 54-57.
3. Sharkov F. I. Modern mechanisms for increasing social responsibility and self-regulation of professional journalistic activity // Communicology. – 2015. – Volume 3. – No. 1. – P. 55-64.
THEORY OF GOVERNMENT AND RIGHTS
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, lecturer of the Penza State University
JUDICIAL CONSTITUTIONAL INTERPRETATION OF LEGAL EXCEPTIONS.
The article attempts to disclose the interpretation of legal exceptions through some clarifications of the Constitutional Court of the Russian Federation. The relevance of the chosen topic is determined by the fact that it is the interpretation of exceptions that provides not only a uniform understanding of the legal norm containing the exception, but also its subsequent correct application. The ambiguity and inconsistency of legal regulation often creates prerequisites for broad discretion in the process of law enforcement. In view of this, it is important to note the special value of the interpretation by the Constitutional Court of the Russian Federation of the exceptions implemented in the norms of law. The interpretation of exceptions in this case enriches the content and semantic content of the norm, thereby delineating the legislative framework of application.
Keywords: exceptions, rule of law, interpretation, judicial interpretation, clarification of norms, discretion, uncertainty, law enforcement.
Work bibliographic list
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2. Alekseev S. S. State and law. – M.: Prospekt, 2012. – 148 p.
3. Baydarova M. A. The mechanism for the implementation of exceptions in law: theoretical and practical aspects: dis. … cand. legal Sciences: 12.00.01. – Saratov, 2020. – 207 p.
4. Belousov S. A., Sumenkov S. Yu. Exceptions in law as an opportunity to achieve balance or find imbalance: general theoretical analysis // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (43). – S. 45-50.
5. Vlasenko N. A., Grineva A. V. Judicial legal positions (basics of the theory). – M .: Publishing House “Jurisprudence”. – 168 p.
6. Demin M. V. The nature of activity. – M.: Publishing House of Moscow State University, 1984. – 168 p.
7. Dudko I. A. The principle of legal certainty in the decisions of the Constitutional Court of the Russian Federation // Certainty and uncertainty of law as paired categories: problems of theory and practice: Proceedings of the XII International Scientific and Practical Conference. In 3 parts. – M.: RGUP, 2018. – Part 1. – P. 306-311
8. Luchin V. O., Doronina O. N. Complaints of citizens to the Constitutional Court of the Russian Federation. – M .: Law and Law, UNITI, 1998. – 260 p.
9. Sumenkov S. Yu. Exceptions in law: theoretical and instrumental analysis. – M.: Yurlitinform, 2016. – 372 p.
10. Cherdantsev A.F. Interpretation of Soviet law: (theory and practice). – M.: Yurid. lit., 1979. – 168 p.
THEORY OF GOVERNMENT AND RIGHTS
DERYUGIN Alexey Aleksandrovich
Ph.D. in Law, Head of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov of the Institute of the National Guard Troops of the Russian Federation
NIKONOV Dmitry Anatoljevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov of the Institute of the National Guard Troops of the Russian Federation
BUTOV Sergey Valerjevich
adjunct of the adjunct (full-time and part-time studies) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the St. Petersburg Military Order of Zhukov of the Institute of the National Guard Troops of the Russian Federation
THEORETICAL AND LEGAL MODEL OF THE INSTITUTION OF HUMAN AND CIVIL RIGHTS IN RUSSIA AS THE BASIS OF ITS CONSTITUTIONAL AND LEGAL STATUS
The article discusses the content of the theoretical and legal model of the institution of human and civil rights as the basis of its constitutional status in the Russian Federation and its development in modern conditions. The main attention is paid to the features of constitutional rights and freedoms, their classification, from the point of view of the theory of law, the possibility of their restriction is substantiated. In conclusion, it is noted that the Russian theoretical and legal model of the institution of human and civil rights is based on the norms of natural law, which are the basis of the constitutional and legal status of a citizen. The authors point to the need to build an effective state-legal mechanism for the implementation of human and civil rights and justify the significance of the constitutional reforms carried out in 2020.
Keywords: human and civil rights, natural law, constitutional and legal status, the Constitution of the Russian Federation, classification of rights, restriction of rights, guarantees of rights, institution of law.
Work bibliographic list
1. Barikhin A.B. Great legal encyclopedia (Series “Professional reference glasses and encyclopedias). – M.: Knizhny Mir, 2010.
2. Deryugin A.A., Lutsenko V.V. Legal Status of a Serviceman of the National Guard Troops of the Russian Federation: Social Nature, Structure and Content // Bulletin of the St. Petersburg Military Institute of the National Guard Troops. – 2021. – No. 2 (15).
3. Baglay M.V. Constitutional law of the Russian Federation: a textbook for universities. – 6th ed., rev. and additional – M.: Norma, 2007.
4. Human rights: textbook / Ed. ed. E.A. Lukashev. – 2nd ed., revised. – M.: Norma: INFRA-M, 2011.
5. Nikulin V.V. Constitutional law of the Russian Federation: textbook for bachelors of the direction “Jurisprudence”. – Tambov: Publishing House of FGBOU VPO “TSTU”, 2012.
6. Nikonov D.A., Lutsenko V.V., Vishnyakov M.M. Legal Restrictions as a Means of Ensuring Constitutional Rights and Freedoms of Man and Citizen under the Conditions of the Counter-Terrorist Operation // Actual Problems of Countering Extremism and Terrorism at the Present Stage: Collection of Scientific Articles of the I All-Russian Scientific and Practical Conference with International Participation. Novosibirsk, February 17-18, 2022. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation, 2022.
7. Lysenkov S.G., Butov S.V. Legal support of the activities of the troops of the NKVD of the USSR to protect the rear of the army during the Great Patriotic War of 1941-1945 // Yakovlev Readings: Collection of Scientific Articles of the I Interdepartmental Scientific and Practical Conference with International Participation. Novosibirsk, March 22-23, 2022. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation, 2022.
THEORY OF GOVERNMENT AND RIGHTS
Karev Dmitry Aleksandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
ON THE ISSUE OF THE INSTITUTE OF ENVIRONMENTAL LICENSING
The importance of clarifying and improving environmental legislation is justified due to the need to ensure a balance of interests of society, the state and the environment. The list of normative legal acts regulating the institute of environmental licensing is systematized. The types of licenses that give permission to carry out activities that harm the population and natural resources (and their components) are classified. The differences between environmental licensing and licensing of activities related to environmental protection are revealed.
Keywords: environmental law, environmental legal relations, state legal regulation, institute of environmental licensing, environmental and legal status of the individual, environmental protection, nature management, licensing and contractual relations.
Work bibliographic list
1. Civil Code of the Russian Federation (Part One): Federal Law No. 51-FZ of November 30, 1994 (as amended on February 25, 2022) (as amended and supplemented, effective from September 1, 2022) // Consultant Plus : sprav, legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 05.10.2022).
2. Glushko O. A. Theoretical and legal foundations of licensing in the field of environmental protection // Legal support of the agro-industrial complex. Collection of works based on materials of the All-Russian Scientific and Practical Conference. Rep. for the issue of O. A. Glushko, 2019. – S. 70-79.
3. Zadvoreva A. Yu. Environmental licensing as an emerging legal mechanism for licensing activities in the field of nature management // Novels of Law, Economics and Management 2020. Collection of scientific papers based on materials of the VI International Scientific and Practical Conference. – 2021. – S. 17-20.
4. Kondratieva I. V. Licensing of nature management as a way to regulate economic activity // Actual problems of ecology and nature management. collection of articles based on materials of the VI All-Russian (national) scientific and practical conference. – Kurgan, 2022. – S. 15-19.
5. Korshunov MP Ecological legislation and licensing of environmental activities // Science among us. – 2019. – No. 9 (25). – S. 109-115.
6. On licensing certain types of activities: Federal Law of May 4, 2011 N 99-FZ (as amended on December 30, 2021) // Consultant Plus: reference, legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_113658/ (date of access: 05.10.2022)
7. On Environmental Protection: Federal Law No. 7-FZ of January 10, 2002 (as amended on March 26, 2022) (as amended and supplemented, effective from September 1, 2022) // Consultant Plus: reference, legal system. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34823/ (date of access: 05.10.2022).
8. Sinyuk R. E., Balaban G. S. Some issues of the Institute of Environmental Licensing // Innovative approaches in modern science. collection of articles based on the materials of the 8th international scientific and practical conference. – Moscow, 2021. – S. 217-220.
9. Torochkova D. A. Some issues of the Institute of Environmental Licensing // Young scientist. – 2020. – No. 17 (307). – S. 240-242.
THEORY OF GOVERNMENT AND RIGHTS
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
GOALS OF PUBLIC ADMINISTRATION AND SOCIAL PROGRESS IN THE RUSSIAN FEDERATION: LEGAL ASPECT
The article presents a scientific analysis of the problem of the goals of statehood and public administration in the Russian Federation, justifies the need to consolidate them at the state-legal level. As a system-forming goal, it is proposed to define social progress, the basis of which is the growth of the spiritual, moral and cultural level of citizens and society as a whole. The legal consolidation of this goal is proposed to be carried out at the constitutional and legal level, as well as through the development and adoption of the Federal Law “On Public Morality in the Russian Federation”.
Keywords: statehood, public administration, goals of public administration, public morality, social progress, legal regulation.
Work bibliographic list
1. Atamanchuk GV Theory of public administration: textbook. – Moscow: Omega-L Publishing House, 2010. – 525 p.
2. Dobrynin NM Public administration: Theory and practice. Modern version of the latest history of the state: a textbook. T. 1 / Nauch. ed. A. N. Mitin. – Novosibirsk: Nauka, 2010. – 407 p.
3. Zubkov AI What state are we building? // Forecast. – 2004. – No. 7. – S. 8-9.
4. Kalakov N. I. National idea – a strategic vector of predictive development of society in the state system in order to ensure the security of the country // Human capital. – 2020. – No. 3 (135). – S. 67-75.
THEORY OF GOVERNMENT AND RIGHTS
TROFIMOV Sergey Anatoljevich
Ph.D. in Law, associate professor, professor of State and law disciplines sub-faculty, Director of the Russian State University of Justice
BONDARCHUK Ilya Vladimirovich
Ph.D. in Law, associate professor of State and law disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
STRELNIKOVA Irina Yurievna
Ph.D. in Law, associate professor, Head of Theory and history of law and state Crimea sub-faculty of the Russian State University of Justice
JUDICIAL RULE-MAKING AS A SPECIAL FORM OF STATE ACTIVITY
In the article the authors analyzed the existing approaches in the literature to the definition of judicial rule-making. The study draws two conclusions: the consideration by the highest courts of the Russian Federation of certain provisions of the legislation (1) has the characteristic features of a judicial precedent, which (2) allows them to be used in practical situations to regulate social relations . In general, the special methodological significance of domestic judicial control for the optimization of legal (as a rule, law enforcement) practice is emphasized.
Keywords: rule-making, legal integration, judicial practice, constitutional justice, the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation.
Work bibliographic list
1. Normography: Theory and Methodology of Rulemaking: Educational and Methodological Guide / Ed. Yu. G. Arzamasova. – M.: Academic project; Tricksta, 2007. – 560 p.
2. Kabriyak R. Codification. Per. from fr. L. V. Golovko. – M.: Statute, 2007. – 476 p.
3. Mikhailovskaya I. Judicial policy: the role of decisions of the Constitutional Court in reforming the criminal proceedings of the Russian Federation // Constitutional Law: East European Review. – 2001. – No. 3 (36). – S. 167.
4. Boshno S. V., Vasyuta G. G. Reflection in the legal consciousness of civil servants of judicial practice (based on the results of sociological and legal research) // State and Law. – 2010. – No. 10. – P. 44.
5. Ehrlich I., Posner R. A. An Economic Analysis of Legal Rulemaking // The Journal of Legal Studies. – 1974. – Vol. 3. – No. 1. – R. 257-286.
6. A. Barak. Cit. by: Mikhailovskaya I. Judicial policy: the role of decisions of the Constitutional Court in reforming the criminal justice of the Russian Federation // Constitutional Law: East European Review. – 2001. – No. 3 (36). – S. 167.
7. Momotov VV Interpretation of legal norms by the Supreme Court of the Russian Federation in the context of the modern legal system (end) // State and Law. – 2018. – No. 5. – P. 35.
8. See, for example, Guk P. A., Korshunova P. V. The unity of judicial practice as a special value of justice // Journal of Russian Law. – 2020. – No. 12. – P. 103-118.
THEORY OF GOVERNMENT AND RIGHTS
TLUPOVA Asiyat Vladimirovna
Ph.D. in Law, lecturer of Enforcement activities sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of MIA of Russia, junior lieutenant of police
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, lecturer of Law enforcement sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant of police
PRINCIPLES IN THE SYSTEM OF METHODOLOGY OF LEGAL MONITORING OF LEGISLATION
In order to fully achieve the goals and objectives facing any state, its effective functioning requires a high-quality system of legislation and productive law enforcement practice.
Legislation is not in a static state, changes made to it are a response to changes taking place in society, the state, however, legislative changes are not always timely (in some cases we can talk about their belatedness, in others – ahead of the real requirements of the time) or not occur at all, despite the existing need for them. In addition, the system of legislation is inherent in the presence of gaps and conflicts.
All of the above in the Russian Federation is associated with the spontaneity of the legislative process, not always a high level of its quality, the reason for which was the need to create a new system of legislation in a short time after the radical changes that took place in society and the state in the nineties of the twentieth century.
These problems need to be solved and determine the relevance of the study of laws, their qualitative characteristics at the present stage, the development of methods to improve their quality.
Keywords: methodology, legal monitoring of legislation, principles, law, bill, legislative process, law enforcement practice, legislative initiative.
Work bibliographic list
1. Borsova Zh. P. To the question of the principles of lawmaking // Constitutional and municipal law. – 2008. – No. 42. – P. 15-18.
2. Gorokhov D. B., Spector E. I., Glazkova M. E. Gorokhov D. B., Spector E. I., Glazkova M. E. Legal monitoring: concept and organization // Journal of Russian law. – 2007. – No. 5. – S. 25-38.
3. Lomteva V. S. Forecasting in lawmaking and law enforcement. Dis. … cand. legal Sciences: 12.00.01 – M., 2006. – 168 p.
4. Uvarov A. A. On the principles of legal monitoring of law enforcement // Law enforcement monitoring. – 2022. – No. 1 (42). – S. 56-59.
THEORY OF GOVERNMENT AND RIGHTS
SHALAGINA Svetlana Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SUKHAREVA Irina Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SAFINA Elena Alexandrovna
senior lecturer of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
TO THE PROBLEM OF INFORMATION SECURITY OF THE STATE
The article deals with the problem of the development of information relations and information security in the light of the ongoing global globalization of crisis relations between countries. The relevance of the topic of this work is due to the need to further deepen scientific knowledge related to the study of the balance of political and legal decisions and actions in the field of information policy of the state as an effective direction that guarantees the national security of the fatherland.
Keywords: information, political regime, national security, information environment.
Work bibliographic list
1. Nisnevich Yu. A. Information space in Russia: between TV and the Internet // Bulletin of the Peoples’ Friendship University of Russia. Series: Political Science. – 2013. – No. 4. – P. 6.
2. Shalagina S. V., Galiullina S. D., Gerasimova D. I., Lifanova M. V., Safina E. A. The political and legal aspect of the development of information relations in modern society // Eurasian Law Journal. – 2020. – No. 7 (146). – S. 410-412.
3. Shalagina S. V. To the problem of legal support of the information policy of the state // Eurasian legal journal. – 2017. – No. 4 (107). – S. 422-424.
THEORY OF GOVERNMENT AND RIGHTS
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
THE IMPACT OF DIGITAL TECHNOLOGY ON DECISION MAKING IN CIVIL PROCESS
The development of information technologies inevitably leads to their introduction into all spheres of society, including the judicial system of the Russian Federation, which, of course, increases the level of citizens’ access to justice, improves its quality and at the same time reduces the time for considering cases in court.
To date, information technology is widely used by courts in aspects of many of activities, including for the implementation of procedural actions by the court and participants in the process. Moreover, every day technologies and information systems become an integral part of the judicial process – the environment for the participants in the proceedings.
This work is intended to assess the factors that take place when the courts use the possibility of holding a court session through the use of a web conference and potentially influencing decision-making in the civil process, as well as the admissibility of their existence and compliance with the basic principles of justice.
Keywords: digital transformation, digitalization, law, technologies, digital technologies, inner conviction, judicial discretion.
Work bibliographic list
1. Bazyma B. A. Psychology of color: theory and practice [monograph]. – St. Petersburg, Rech, 2007. – 204 p.
2. Burdina E. V. Electronic justice: monograph / Ed. E. V. Burdina; S. V. Zueva. – M., RGUP, 2021. – 344 p.
3. Vlasova G. B., Khaninova B. L. Psychological aspects of the rules of conduct in professional judicial activity // Eurasian Scientific Journal. – 2016. – No. 6. – S. 201-204.
4. Strogovich M. S. The course of the Soviet criminal process. – M., 1968. – T. 1. – 470 p.
5. Tikhiy A. V. Judicial discretion as the basis for the formation of internal conviction // Vestnik SGUA. – 2019. – No. 6 (131). – S. 218-225.
6. Chaldini R. Psychology of influence. 5th ed., revised. and additional – St. Petersburg, 2020. – 480 p.
7. Kendon A. Some functions of gaze direction in social interaction // Acta Psychologica. – 1967. – No. 26 (1). – P. 22-63.
8. Oppenheimer, Daniel M. and Meyvis, Tom and Davidenko, Nicolas. Instructional Manipulation Checks: Detecting Satisficing to Increase Statistical Power // Journal of Experimental Social Psychology. – 2009. – Vol. 45. – P. 867-872.
9. Sela, Ayelet. E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts // Journal of Dispute Resolution. – 2019. – P. 127-163.
THEORY OF GOVERNMENT AND RIGHTS
LOGVINOV Oleg Valentinovich
postgraduate student of the Taganrog Institute of Management and Economics
ON THE CONCEPT OF “ORGANIZED DEFENSE” OF S. A. MUROMTSEV
The article deals with the concept, essence and internal structure of the concept of S. A. Muromtsev “organized protection”, according to the author of the concept and the opinion of the author of this study, analyzes the social relationships that arise within the framework of the concept, in particular, of a regulatory and regulated nature. Based on the system-structural, historical-legal and comparative analysis, the author comes to the conclusion that one of the strong features of the concept of S. V. Muromtsev lies in the fact that it does not ignore the needs and interests of a single individual, but, on the contrary, is based on them. It is noted that the concept of “organized protection” affects the processes in which rights and legitimate interests arise not only from the side of the state apparatus, but also from the side of public needs, and the main role in this process, according to S. A. Muromtsev, assigned to the court.
Keywords: organized defense, jurisprudence, law, individual needs, state, sanctions, punishment, and society.
Work bibliographic list
1. Muromtsev S. A. Definition and basic division of law. – [2nd ed., additional]. – St. Petersburg. Ed. house St. Petersburg. state un-ta, 2004 (GIPP Art of Russia). – 223 p.
2. Muromtsev S. A. Roman law as a subject of science [Text]. – [B. m.]: [b. i.], [19–]. – 15 s.
3. Pashentsev D. A. On the issue of interests in the context of social foundations of law // Legal Gnoseology. – 2017. – No. 1. – P. 4.
4. The first program of the Union of Communists “Manifesto of the Communist Party” in the context of history / [responsible. Ed.: G. A. Bagaturia, D. V. Dzhokhadze]. – Moscow: VIU Publishing House, 2007. – 285 p.
HISTORY OF STATE AND LAW
GAZIZOVA Leysan Makhmutovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
RUDMAN Mark Naumovich
Ph.D. in historical sciences, master of Law, associate professor of Theory of state and law sub-faculty of the Institute of law of the Bashkir State University
ETHICAL AND LEGAL FOUNDATIONS OF THE EURASIANISM AS A REFLECTION OF THE SYSTEMIC CRISIS OF RUSSIAN STATEHOOD IN THE FIRST HALF OF THE TWENTIETH CENTURY
The article sets out the tasks of considering, firstly, the value-historical prerequisites for the formation of the Eurasian ideology, the cultural foundations of the development of the idea of the uniqueness of Russian statehood by the Eurasians, conditioned by the influence of autocratic power borrowed from the Horde Khans; thirdly, the Eurasian concept of the role of the church and Bolshevism in the desired future of Russian statehood. The authors identify the historical prerequisites for the emergence of Eurasianism as an ideological trend that equally embodies the classical ideas of Russian statehood in the context of the crisis of traditional Russian society, and the trend of the crisis of industrial society, which causes the rise in popularity of totalitarian ideology. On the basis of comparative historical analysis, the contradictions of the ethical and legal foundations of the Eurasian ideology have been studied, which determined the impossibility of effective implementation of its provisions in the practice of state-building. This approach made it possible to reveal the impracticability of the doctrine of subordination of state power proposed by the Eurasians in the face of the Soviet political regime of the ethical and legal concept.
Keywords: Eurasianism, ethics, rule of law, mentality, autocracy, rationalism, liberalism, collectivism.
Work bibliographic list
1. Savitsky P. N. Eurasianism // Russia between Europe and Asia: Eurasian temptation. – M.: Nauka, 1993.
2. Trubetskoy N. S. Trubetskoy N. S. On the Turanian element in Russian culture // Russia between Europe and Asia: Eurasian temptation. – M: Nauka, 1993.
3. Karsavin L.P. Holy Fathers and Teachers of the Church (disclosure of Orthodoxy in their works) / Foreword. and comment. S. V. Mosolova. – M.: Publishing House of Moscow State University, 1994.
4. Vaneev A. A. Two years in Abezi // Our heritage. – 1990. – No. 3-4.
5. Karsavin L.P. The State and the Crisis of Democracy // New World. – 1991. – No. 1.
HISTORY OF STATE AND LAW
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
LASHCHENKO Roman Alexandrovich
senior lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
GENESIS OF THE RUSSIAN JUDICIAL REFORM OF 1864
The article discusses the prerequisites and main provisions of the judicial reform in Russia in 1864, the urgent need for which was caused by the peasant reform of 1861, which is the “locomotive” of the subsequent bourgeois reforms. In fact, the revolutionary changes have led to the further development of democratic society and the state system. The study of the conditions for the creation and functioning of new judicial institutions (magistrates ‘ courts, jurors, etc.), as well as the legal status of the reformed Institute of advocacy. Among the shortcomings of the reform is the presence of class and social obstacles to the appointment of the judiciary, the continuing negative impact of the bureaucratic state apparatus.
Keywords: judicial reform of 1864, justices of the peace, jurors, local courts, district courts, judicial chambers.
Work bibliographic list
1. Bovykin V. I. Development of Russia until 1717. – M.: Vlados, 2000. – S. 456.
2. Top N. History of Russia. – M.: Folium, 2000. – S. 780.
3. Granovsky T. N. History and modernity. – M.: Nauka, 1996. – S. 517.
4. Gumilyov L. N. From Rus’ to Russia. Essays on Russian history. – M.: Vlados, 1996. – S. 650.
5. Klyuchevsky V. O. Course of Russian history. – M.: BEK, 1998. – S. 997.
6. Konotopov M. V., Smetanii S. I. Essays on the history of the state and law of Russia. -M.: Vlados, 1993. – S. 456.
7. Laverychev V. Ya. History of law in pre-revolutionary Russia. – M .: Education, 1982. – S. 900.
8. Leibniz G. V. Works. – M.: Nauka, 1998. – S. 234.
9. Milyukov N. P. State economy of Russia. – M.: Vlados, 1999. – S. 456.
10. Smetanin S. I. History of Russia. – M.: Aspect Press, 1999. – S. 670.
11. Solodovnikov VG Bourgeois reforms of the 19th century // Questions of history. – 1999. – No. 6.
12. Khromov P. A. Reforms in Russia. – M.: BEK, 2000. – S. 678.
13. Reader on the history of the state and law of Russia. – M.: Vlados, 1999. – S. 456.
14. Yakovlev A. N. History of Russia. – M.: Lada, 2000. – S. 62.
HISTORY OF STATE AND LAW
ZAVURBEKOV Faridun Zavurbekovich
senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevskiy National Research Nizhny Novgorod State University
THE SYSTEM OF SOURCES OF FATIMID LAW (X-XII)
The article uses the views of the Fatimids on the system of sources of registration law and religion. Unlike Sunnis and Shia Imamis, Fatimid theologians and jurists perceive Sharia as a combination of three sources: the Koran, the Sunnah and the sayings of the Imams. The main ideologists of this principle are the Fatimid califs, as well as the well-known Ismaili jurist – Kadi al-Numan, works based on the ideological and legal basis of Fatimid jurisprudence.
Keywords: Fatimid caliphate, madhhabs, jafarism, Ismailism, sayings of imams, sources of Islamic law, Sharia, ijma, qiyas.
Work bibliographic list
1. Al-Qadi Al-Nu’Man, Disagreements of the Jurists: A Manual of Islamic Legal Theory. Disagreements of the Jurists / al-Q. Al-Qadi Al-Nu’Man; trans. D. Stewart, NYU Press, 2015. – 446 p. – ISBN 978-0-8147-7142-6.
2. Daftary F. and Miskinzoda G. The Study of Shi’i Islam: History, Theology and Law. – London; In association with the Institute of Ismaili Studies, 2014.
3. Poonawala, Ismail K., and Asaf A. A. Fyzee. The Pillars of Islam. Da’a’im Al-Islam of Al-Qadi Al Al-Nu’man: Ibadat: Acts of Devotion and Religious Observances. – Vol. 1. – New York: Oxford University Press, 2002.
4. Shah, B. The imam as interpreter of the Quran according to al-Qadi Al-Numan (D. 363/974): Thesis; Institute of Islamic Studies. – Montreal, 1984.
5. Obidov D.S. Hanafi legal school and its significance in the Sunni direction of Islamic law: Transoxiana course: dissertation … candidate of legal sciences: 12.00.01 / [Place of defense: Taj. state nat. university]. – Dushanbe, 2008.
6. Daftari F. Ismailis: their history and doctrines / Per. L. Dodykhudoeva. – Moscow: Natalis, 2011.
7. Syukiyainen L. R. Islamic law: interaction between legal and religious principles // Yearbook of libertarian legal theory. – 2007.
HISTORY OF STATE AND LAW
LANTSEVA Veronika Yurjevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Admiral F. F. Ushakov State Maritime University
THE EVOLUTION OF THE LEGAL REGULATION OF MERCHANT SHIPPING IN RUSSIAN EMPIRE
The article examines the evolution of the legal regulation of merchant shipping in Russia in the 18th – early 20th centuries. The transformation of the normative consolidation of provisions on maritime trade in Russia in the period under review is considered. The structural component of the key regulations in this area is analyzed. The analysis made it possible to identify a number of gaps in the legislation of the Russian Empire on maritime trade, which did not allow the merchant fleet to function fully productively. In particular, the institution of a maritime mortgage and social guarantees for seafarers were not fixed by law (social security for seafarers, there was no regulation of the conditions for their stay on merchant ships in the legislation).
Keywords: shipping, charter, sea merchant, code of laws, crew member.
Work bibliographic list
1. The charter of merchant shipping on rivers, waters and seas // 1-PSZRI. – Volume 21. – No. 15176. – P. 157; 1-PSZRI. – Volume 21. – No. 15285. – P. 312.
2. Pylenko I. P., Kulikovska I. S., Grigoriev A. V. Criminal procedural features of the implementation of the preliminary investigation by the captains of sea and river vessels // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 353-356.
3. Golubkina K. V. Legal basis for the regulation of social and labor relations in maritime transport // Humanitarian, socio-economic and social sciences. – 2014. – No. 7. – P. 175-177.
4. Nikitina A. P. Development of legislation regulating the activities of pilots in 1880-1890 // History of State and Law. – 2019. – No. 1. – P. 67-71. – DOI 10.18572/1812-3805-2019-1-67-71.
5. Broyaka Yu. V., Lyadashcheva-Ilyicheva M. N. Law and legal custom as sources of water law in Russia in the second half of the 19th century // History of State and Law. – 2020. – No. 11. – P. 3-12. – DOI 10.18572/1812-3805-2020-11-3-12.
HISTORY OF STATE AND LAW
SHALAGINA Svetlana Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SUKHAREVA Irina Vitaljevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
GERASIMOVA Darya Igorevna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
ON THE PROBLEM OF LEGAL SUPPORT OF THE URBANIZATION PROCESS IN THE REPUBLIC OF BASHKORTOSTAN (1930-1950)
The article reveals the nature and features of the legal support of the urban policy of the Soviet state in the 20–30s of the last century. The system of implementation of the tasks assigned to the country by the political authorities is analyzed. The legal acts of the Soviet state, which legitimized the directions of the socio-economic development of the Bashkir Autonomous Soviet Socialist Republic, are studied.
Keywords: political regime, legislative acts, political factor, urban settlement, urban population, political process, legal framework.
Work bibliographic list
1. 1st session of the Supreme Soviet of the Bashkir ASSR of the second convocation. Verbatim report. – Ufa, 1947. – S. 1.
2. Communist Party of the Soviet Union. Communist Party of the Soviet Union in resolutions and decisions of congresses, conferences and Plenums of the Central Committee (1898-1988) / CPSU; Institute of Marxism-Leninism under the Central Committee of the CPSU; Under total ed. A. G. Egorova, K. M. Bogolyubova. – 9th ed., add. and correct. – M.: Politizdat, 1984. – T. 5. – S. 144-145.
3. Resolutions of regional conferences of the Bashkir party organization and plenums of the regional committee of the CPSU (1917-1940). – Ufa, 1959. – S. 681.
4. Decisions of the party and government on economic issues. (1929-1940). – M., 1967. – T. II. – S. 643-645.
5. Shalagina S. V., Kazantseva E. A. Some aspects of the evacuation of the population to the Republic of Bashkortostan during the Great Patriotic War // Scientific potential. – 2013. – No. 2 (11). – S. 93-97.
6. Shalagina S. V., Istamgalin R. S., Lobankova I. P., Iseeva E. R., Kotova T. P. On the problem of the influence of soviet demographic policy on the urban population of Bashkortostan in 1930s-1950s // Asian social science. – 2015. – T. 11. – No. 19. – S. 185-192.
HISTORY OF STATE AND LAW
GAVRIKOVA Albina Mikhaylovna
postgraduate student and assistant in History of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
TRANSFORMATION OF THE LIMITATION OF SUPREME POWER IN THE RUSSIAN EMPIRE
The article deals with the problems of the rule of power and its limitations in the Russian Empire. The essence of the system of checks and balances is revealed, the conditions necessary for its provision are noted on the example of a parliamentary monarchy. The necessity of limiting the supreme power is substantiated and specific forms of restraining the power are determined.
Keywords: supreme power, limitation of authority, absolutism, autocracy, history of state and law.
Work bibliographic list
1. Goncharov S. Yu. Political and legal restrictions in Russian public administration: dis. … cand. legal Sciences. – Rostov n / a., 2009.
2. Malko A. V., Vyrleeva-Balaeva O. S. Legal restrictions of state power: concept and system // Constitutional and municipal law. – 2010. – No. 10. – S. 17-20.
3. Milusheva T. V. Limits and restrictions of state power: theoretical and legal research: abstract of diss. … doc. legal Sciences: 12.00.01; [Place of protection: Sarat. state legal academician]. – Saratov, 2012. – 58 p.
CONSTITUTIONAL LAW
ABDULAZIZOVA Zaira Muradovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
THE INSTITUTION OF THE COMMISSIONER FOR HUMAN RIGHTS IN THE INTERNATIONAL AND DOMESTIC MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS
Human and civil rights and freedoms are a very dynamic category, constantly improving and changing under the influence of objective processes. With the development and complication of public relations, the need for state protection of human rights and freedoms is constantly increasing, and protection mechanisms and procedures are becoming outdated. In this regard, the State is looking for ways to reform and improve the constitutional and legal mechanism for ensuring the protection of individual rights and freedoms, including through the creation of new human rights institutions, such as the institution of the Commissioner for Human Rights. This article attempts to analyze the place of the Ombudsman in the human rights mechanism.
Keywords: ombudsman, human rights, human rights protection mechanism, state, personality.
Work bibliographic list
1. Suprunovich K. A. The emergence of the ombudsman institution in foreign countries: a comparative legal analysis // Actual scientific research in the scientific world. – 2020. – No. 12. – P. 132-134.
2. Mateikovich M.S. Commissioners for Human Rights in the Mechanism of Judicial Protection of Rights and Freedoms // Journal of Russian Law. – 2020. – No. 11. – P. 45-57.
3. Aleksashina A.A. Commissioner for Human Rights in the Russian Federation: problematic aspects of human rights activities // Innovative scientific research. – 2021. – No. 2-1. – S. 118-125.
4. Popovskaya A.K. Commissioner for Human Rights as an institution of non-judicial protection of human rights in Russia // Bulletin of the SSTU. – 2016. – No. 1. – S. 209-214.
5. Musaeva G. M., Gadzhimakhadov V. K. Commissioner for Human Rights of the Russian Federation as a specialized institution to promote the protection of the rights and freedoms of citizens // Legal Bulletin of the DSU. – 2014. – No. 2. – S. 25-27.
6. Sukhareva A. M. Features of the interaction of the Commissioner for Human Rights with the judicial authorities in the Russian Federation // Legal Culture. – 2015. – No. 1. – P. 48-52.
CONSTITUTIONAL LAW
KOMBAROVA Elena Valerjevna
Ph.D. in Law, associate professor of professor Isaak Efimovich Farber Constitutional law sub-faculty of the Saratov State Law Academy
MUZALEVSKAYA Kseniya Vladimirovna
assistant professor Isaak Efimovich Farber Constitutional law sub-faculty of the Saratov State Law Academy
CONFLICTS OF CONSTITUTIONAL AND LEGAL NORMS IN THE POST-REFORM PERIOD: PROBLEMS AND SUGGESTIONS
The peculiarities of constitutional and legal norms and institutions are their fundamental importance for public life and the state as a whole. This uniqueness caused the acuteness of the problem of conflicts that arise in the field of lawmaking and law enforcement, as well as constitutional law understanding. The special systemic nature of constitutional and legal norms, which determines the main provisions and goals of the functioning of the Russian state in the modern period and its national system of law, sets an extremely high bar for law enforcement and law-making techniques. The articles considers an example of a conflict of the constitutional legal norm that arose after the constitutional reform of 2020. As a result of the study, the authors came to the conclusion that gaps are identified in legislative acts – lack of norms regulating situations that are within the scope of legal influence, as well as conflicts – disagreements or disagreements between the selected legal norms. Through the analysis of the norms governing the legislative process, the authors identify the causes of legal conflicts, and also proposed a reasonable author’s position on improving the mechanism for preventing and identifying legal conflicts in constitutional law.
Keywords: the constitution of the Russian Federation, constitutional amendments, collisions, the Accounts Chamber of the Russian Federation, responsibility, the legislative process.
Work bibliographic list
1. Kombarova E. V. Constitutional and legal framework for resolving disagreements in the system of public authorities of the Russian Federation: [monograph] / Ed. V. T. Kabysheva; Saratov: Saratov State University. acad. rights, 2011.
2. Tikhomirov Yu. A. Collisions as a source of law development // Legal technique. 2017. No. 11.
3. Matuzov N. I. Collisions in law: causes, types and methods of resolution. Izvestia of higher educational institutions. Jurisprudence. St. Petersburg: St. Petersburg State University Publishing House, 2000. No. 5.
4. Starodubtseva I. A. The regime of constitutionality as a mechanism for ensuring the rule of the Constitution of the Russian Federation // Constitutional and municipal law. 2018. No. 3.
5. Khabrieva T. Ya., Klishas A. A. Thematic commentary on the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities”. Moscow: Norma: INFRA-M, 2022. 240 p.
6. Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 22, 1998 No. 2134-II of the State Duma (as amended on July 5, 2022) “On the Regulations of the State Duma of the Federal Assembly of the Russian Federation” // SZ RF. 1998. No. 7. Art. 801; 2022. No. 28. Art. 5025.
7. Ro Constitution Russian Federation: adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 01, 2020 No. 7-FKZ, dated February 5, 2014 No. 2-FKZ, dated July 21, 2014 No. 11-FKZ, dated March 14, 2020 No. 1-FKZ) // SZ RF. 2014. No. 31. Art. 4398; 2020. No. 11. Art. 1416.
8. Federal constitutional law of July 21, 1994 No. 1-FKZ (as amended on July 1, 2021) “On the Constitutional Court of the Russian Federation” // SZ RF. 1994. No. 13. Art. 1447; 2021. No. 27 (part I). Art. 5045.
CONSTITUTIONAL LAW
EFENDIEV Asamuddin Albertovich
magister student of the 3rd course of the Institute of Law of the Dagestan State University
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
ON THE IMPLEMENTATION OF THE PRINCIPLES OF EQUALITY OF SUBJECTS OF THE RUSSIAN FEDERATION AND SELF-DETERMINATION OF PEOPLES IN THE LIGHT OF AMENDMENTS TO THE CONSTITUTION OF THE RUSSIAN FEDERATION
The article touches upon some issues of the constitutional foundations of federalism. The main features of the transformations of the federal foundations in the light of the amendments to the Basic Law of the Russian Federation of 2020 are outlined. Attention is drawn to the provisions of Chapter 3 of the Constitution of the Russian Federation, including issues of equality of subjects of the Russian Federation and self-determination of peoples. The theory of independence of local and regional power structures is refuted. Attention is focused on the privileges, on the part of the state, in relation to territories with more favorable economic potential. Certain conclusions and suggestions have been made.
Keywords: federalism, state power, subjects, people, administrative-territorial structure.
Work bibliographic list
1. Alexis de Tocqueville. Democracy in America. – M .: “Progress – Litera”, 1994. – [Electronic resource]. – Access mode: https://other.refmag.ru/done/1/k/demokratiya-i-avtokratiya.htm (date of access: 10/22/2022).
2. Bredikhin A. L. Fundamentals of Russian federalism: a textbook for universities. – Moscow: Yurayt Publishing House, 2022. – 107 p.
3. Zametina T. V. Russian federalism at the present stage: development or imitation? – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rossiyskiy-federalizm-na-sovremennom-etape-razvitie-ili-imitatsiya (date of access: 10/21/2022).
4. Kabyshev V. T. With the Constitution for life: Selected scientific works. – M.: I Formula of Law, 2013. – 319 p.
CONSTITUTIONAL LAW
BORISOVA Nina Olegovna
postgraduate student of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
FEATURES OF THE MECHANISM FOR THE IMPLEMENTATION IN THE DIGITAL ENVIRONMENT OF SOCIAL RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN OF THE RUSSIAN FEDERATION
This article discusses general theoretical approaches to such legal categories as “mechanism for the realization of human rights and freedoms”, “digital rights of citizens”. The author reveals the relevance of digitalization in various spheres of life, presents the legislative basis for the transformation of the social system in the context of digitalization. Based on the analysis of legislative acts on the rights and freedoms of man and citizen in the digital environment, the types of information are established, access to which has expanded due to the formation of a new information space, the principles of social services are indicated , taking into account information accessibility, and the features of the mechanism for the implementation of social rights and freedoms of man and citizen in the digital environment are identified. On the example of the Republic of Tatarstan, the development of federal norms on social rights and freedoms of man and citizen in the digital environment at the regional level is considered.
Keywords: social rights; human and civil rights and freedoms; mechanism for the implementation of social rights; social rights digital environment
Work bibliographic list
1. Rezer T. M., Kuznetsova E. V., Likhachev M. A. Mechanisms for the implementation and protection of human and civil rights: textbook. allowance / [under the general. ed. T. M. Rezer]; Ministry of Science and Higher. education Ros. Federation, Ural. feder. un-t. Yekaterinburg: Publishing House Ural. un-ta, 2019. S. 4.
2. Vitruk N.V. General theory of legal responsibility: monograph. M.: Publishing House RAP, 2008. S. 160.
3. Rostovshchikov IV Ensuring and protecting the rights and freedoms of the individual: Vopr. theory and practice of internal affairs bodies: author. dis. … cand. legal Sciences. M., 1997. S. 17.
4. Smirnova O. M., Amirova R. R. Transformation of the content of the concept of “social state” at the beginning of the XXI century // Law and Law. M.: “UNITI-DANA”, 2021. No. 3. P. 26.
5. Zorkin V. D. Law in the digital world // Rossiyskaya gazeta: Stolichny issue. No. 7578 (115).
6. Zorkin V. D. Law in the digital world: reflections on the sidelines of the St. bottom of the legal forum. Rossiyskaya Gazeta, May 29, 2-18, No. 115.
7. Khabrieva T. Ya. Law before the challenges of digital reality // Journal of Russian Law. 2018. No. 9. S. 5-16.
8. Avakyan S. A. Information space of knowledge, digital world and constitutional law // Constitutional and municipal law. 2019. No. 7. S. 23-28; See Shakhrai S. M. “Digital” Constitution.
9. Bondar N. M. Information and digital space in the constitutional dimension: from the practice of the Constitutional Court of the Russian Federation / Constitutional and municipal law // Journal of Russian law, – 2019, No. 11, – P. 25-42.
10. Shakhrai S. M. “Digital” Constitution. The fate of the fundamental rights and freedoms of the individual in the total information society // Bulletin of the Russian Academy of Sciences. 2018. No. 12. V. 88. S. 1075-1082.
ADMINISTRATIVE LAW
ALESHIN Sergey Vasiljevich
senior lecturer of Administrative and legal disciplines sub-faculty of the Ufa Law Institute of the MIA of Russia
LEGALITY AND DISCRETION IN THE ACTIVITIES OF THE POLICE IN THE ENFORCEMENT OF LEGISLATION ON ADMINISTRATIVE OFFENSES
The article studies the essence of the concepts of “discretion”, “administrative discretion”, highlights the characteristic features and their features, considers and analyzes issues related to the implementation of administrative discretion in law enforcement activities to implement administrative legislation. At the same time, special attention is paid to the observance of the law.
Keywords: legality, discretion, administrative discretion, activities to ensure compliance with legislation on the definition of offenses.
Work bibliographic list
1. Alekseev S. S. Social value of law in the Soviet society. M., 1971. 221 p.
2. Elistratov A. I. Administrative law. M., 1911. 235 p.
3. Efremova T. F. New Dictionary of the Russian Language. Explanatory derivational. In 2 vol. M., 2000. Vol. 2. 1088 p.
4. Korenev A. P. Norms of administrative law and their application. M., 1978. 144 p.
5. Lazarev BM Competence of management bodies. M., 1972. 280 p.
6. Lunev A. E., Studenikin S. S., Yampolskaya T. A. Socialist legality in the Soviet state administration. M., 1948. 136 p.
7. Ozhegov S. I. Explanatory dictionary of the Russian language: About 100,000 words, terms and phraseological expressions. M., 2018. 1234 p.
8. Nightingale Yu. P. Discretion in the administrative activities of the Soviet police: Dis. … cand. legal Sciences. M., 1982. 229 p.
9. Tikhomirov Yu. A. Administrative discretion and law // Journal of Russian law. 2000. No. 4. S. 71-74.
10. Tikhomirov Yu. A. Management decision. M., 1972. 288 p.
11. Chicherin B. N. The course of state science: In 3 volumes. M., 1894. Part 1: General state law. 481 p.
ADMINISTRATIVE LAW
BIRYUKOVA Evelina Robertovna
senior lecturer of the Vladimir Law Institute of the FPS of Russia
SOME ASPECTS OF EVALUATING THE PERFORMANCE OF US GOVERNMENT OFFICIALS
In the article, the author considers the issues of assessing the effectiveness of the activities of US civil servants, analyzes the main ways and methods of assessing the activities of civil servants. The study is aimed at identifying the most effective strategies and methods for assessing the quality of work of civil servants in order to create the most favorable environment for the implementation of the state tasks assigned to them. Particular attention is paid to the methodology for assessing the effectiveness of the activities of public servants in the United States and the role of the head of a state body in matters of improving the effectiveness of the tasks assigned to subordinates.
Keywords: civil servant, efficiency, assessment, USA, system, stimulation, encouragement.
Work bibliographic list:
1. God’s Will A.A. Evaluation of the effectiveness of civil servants of the management staff: international experience and Russian prospects // Issues of state and municipal management. – 2009. – No. 2. – S. 89-94.
2. Khakhunova A. Development of management efficiency assessment practices: world trends and US experience // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2015. – No. 2. – S. 48-52.
ADMINISTRATIVE LAW
BONDARCHUK Ilya Vladimirovich
Ph.D. in Law, associate professor of State and law disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
STRELNIKOVA Irina Yurievna
Ph.D. in Law, associate professor, Head of Theory and history of law and state Crimea sub-faculty of the Russian State University of Justice
TROFIMOV Sergey Anatoljevich
Ph.D. in Law, associate professor, professor of State and law disciplines sub-faculty, Director of the Russian State University of Justice
TO THE QUESTION OF LEGAL REGULATION OF ACHIEVEMENTS OF SCIENTIFIC PROGRESS
The development of science is accompanied by the appearance of inventions that were not previously known to mankind. Appearing, they find themselves in a legal vacuum, since the legislator has not yet managed to determine their place in legal relations, their legal regime and the procedure for using them.
The article discusses a number of problems that arise with the use of new objects of legal regulation in cases where the legal field of the state does not have time to transform following the development of scientific achievements. The attention of legislative bodies is drawn to the fact that the formation of new legal relations should take place within the framework of harmonization of private and public interests within society.
Keywords: object of legal regulation, legislation, digital technologies.
Work bibliographic list
1. Mandelstam A. N. The Hague conferences on the codification of private international law // Bulletin of the University named after O. E. Kutafin (MSLA). – 2021. – No. 3 (79). – S. 261-263.
2. Golovina A. A., Sidorenko A. I., Antonova N. V. [et al.]. Legal robotization concept. – Moscow: Prospekt Limited Liability Company, 2019. – 240 p. – ISBN 978-5-392-30565-0. – DOI 10.31085/9785392305650-2019-240.
3. Kuzmishchev R. I., Evsikova E. V. Theoretical and legal foundations for establishing the legal regime of unmanned aerial vehicles on the territory of the Russian Federation // Modern Science. – 2021. – No. 4-3. – S. 273-277.
4. Momotov V. V. Artificial intelligence in legal proceedings: state, prospects for use // Bulletin of the O. E. Kutafin University (MSLA). – 2021. – No. 5 (81). – S. 188-191. – DOI 10.17803/2311-5998.2021.81.5.188-191.
5. A. I. Vorobyov, S. V. Zhankaziev, S. A. Ivanov [et al.]. Drones on the roads of Russia (criminal legal problems). – Moscow: Prospekt Limited Liability Company, 2022. – 520 p. – ISBN 978-5-392-35691-1.
6. Korobeev A. I., Chuchaev A. I. Unmanned vehicles: new challenges to public security // Lex russica (Russian law). – 2019. – No. 2 (147). – P. 9-28. – DOI 10.17803/1729-5920.2019.147.2.009-028.
7. Kochoi S. M. Criminal legal risks of using unmanned vehicles // Actual problems of Russian law. – 2021. – T. 16. – No. 7. – S. 125-135. — DOI: 10.17803/1994-1471.2021.128.7.125-135.
8. Glushchenko V. S. Prevention of violations of human privacy by modern air technology // Actual problems of aviation and cosmonautics. – 2018. – T. 3. – No. 4 (14). – S. 585-588.
9. Chuchaev A. I. Threats to the safety of unmanned aerial vehicles // Criminal law and digitalization: new challenges and threats: Collection of scientific papers based on the results of the International Scientific and Practical Conference, Lipetsk, December 03, 2021. – Lipetsk: Individual entrepreneur Bogatyrev Valery Ivanovich, 2022. – P. 3-7.
10. Pomogalova Yu. V., Davydova A. I. Legal support for the use of unmanned aerial vehicles in the airspace of Russia and in foreign countries // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2019. – No. 1. – P. 185-196.
11. Kuksin I. N., Chechelnitsky I. V. Ensuring the balance of public and private interests as a means of achieving justice in lawmaking // Rights and freedoms of man and citizen: theoretical aspects and legal practice: materials of the annual International scientific conference in memory of Professor Felix Mikhailovich Rudinsky , Moscow, April 28, 2016 / Under the general editorship of D. A. Pashentsev. – Moscow: Limited Liability Company “Publishing House “Concept”, 2016. – P. 420-427.
ADMINISTRATIVE LAW
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for Organization of Scientific and Editorial and Publishing Activities of the Crimean branch of the Russian State University of Justice, honored lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KRAVCHENKO Natalya Alexandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KOVALISHINA Kseniya Viktorovna
student of the 4th course of the Crimean branch of the Russian State University of Justice
PROBLEMS OF IMPROVING THE LEGAL REGULATION OF MIGRATION RELATIONS IN THE REPUBLIC OF CRIMEA IN THE CONTEXT OF DIGITALIZATION
The article attempts to conduct a scientific study of the theoretical aspects and problems of the legal implementation of migration legal relations. The authors examine the experience of the Republic of Crimea in the implementation of migration registration and identify a number of problematic aspects that need proper legal regulation. Based on the study of the current migration legislation, the authors come to the conclusion that it needs to be improved and make their proposals taking into account the processes of universal digital transformation.
Keywords: migration legal relations, migration registration, migration offenses, Republic of Crimea, digitalization.
Work bibliographic list
1. Ambartsumov S. S. Problems of the legal status of foreign citizens and stateless persons in the Russian Federation // Young scientist. – 2022. – No. 11 (406). – S. 79-82.
2. Evsikova E. V. Legal basis for the prevention of administrative offenses in the Republic of Crimea // Eurasian legal journal. – 2016. – No. 8 (99). – S. 148-150.
3. Trifonova K. V., Trifonov S. G. Institutional and legal support of migration security // Eurasian legal journal. – 2022. – No. 4
(167). – S. 147-149.
4. Trifonova K. V., Trifonov S. G. The institution of migration amnesty as one of the legal means of modern migration policy in the context of the COVID-19 coronavirus pandemic // Eurasian Law Journal. – 2021. – No. 9
(160). – S. 140-142.
5. Nikienko K. G. Problems of migration registration of foreigners at the place of residence and stay // Scientific works of the Moscow Humanitarian University. – 2019. – No. 6. – P. 57-62.
6. Mamina D. A., Meskhi B. B. Migration attractiveness of the Republic of Crimea // Humanist of the South of Russia. – 2020. – Volume 9 (42). – No. 2. – S. 203-215.
7. Evsikova E. V. Some issues of ensuring and protecting human rights in administrative and tort relations in the field of migration offenses // Ocean Management. – 2022. – No. 1 (15). – P. 11-16.
ADMINISTRATIVE LAW
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Academy of the FPS of Russia
CHISTYAKOV Kirill Alekseevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Academy of the FPS of Russia
THE OPENING OF A VEHICLE AS A MEASURE OF ADMINISTRATIVE COERCION
Five years ago, a new type of administrative coercion was fixed in Russian legislation – the opening of a vehicle. However, there is still no legal description of this measure of administrative coercion, there is no indication of the form of fixation of the action performed. The article analyzes the concept of opening a vehicle as a measure of administrative coercion, justifies the place of this coercion in the system of measures of administrative coercion. Attention is not drawn to the need to establish the purposes and grounds for opening the vehicle.
Keywords: administrative coercion, vehicle opening, the purpose of the use of a coercive measure, the grounds for the use of a coercive measure, vehicle inspection.
Work bibliographic list
1. Rossinsky B.V. The concept, classification and nature of measures of administrative coercion // Laws of Russia: experience, analysis, practice. 2021. No. 11. S. 3-9.
2. Zakopyrin V.N. Purposes of application of measures to ensure proceedings in cases of administrative offenses // V International Penitentiary Forum “Crime, Punishment, Correction”. In 9 volumes. Volume 9. Ryazan, 2021. S. 37-41.
3. Kaplunov A.I. The meaning of the concept of “method of coercive influence” for the regulation of measures of administrative coercion used by the police // Actual problems of police law. Omsk, 2021, pp. 128-133.
4. Zakopyrin V.N. Problems of the system of measures to ensure production in cases of administrative offenses // Bulletin of the Ryazan branch of the Moscow University of the Ministry of Internal Affairs of Russia. 2021. No. 15. S. 44-47.
ADMINISTRATIVE LAW
ZYRYANOV Igor Valerjevich
Ph.D. in Law, associate professor, professor of Administrative law and administrative activities of the police sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KAPRANOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Forensic examination and criminalistics sub-faculty of the Rostov State University of Economics (RINE)
KORENYUGIN Vitaliy Valerjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Institute of Law of the MIA of Russia
FEATURES OF THE IMPLEMENTATION OF ADMINISTRATIVE AND JURISDICTIONAL ACTIVITIES OF THE TRAFFIC POLICE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION USING TECHNICAL MEANS TO ENSURE ROAD SAFETY
The article examines the main aspects of various forms of public relations arising in the process of introduction and use of technical means in the activities of the police for the protection of public order, examines the subjects of administrative and jurisdictional activities with the use of technical means to ensure road safety, analyzes the main technical means used by law enforcement agencies. Statistical data concerning the development of road infrastructure, an increase in the percentage of motor vehicles owned, the number of road accidents and the main causes and conditions contributing to their occurrence have been studied. The current system of prevention is considered, including all the key principles of administrative law, process and legal proceedings.
Keywords: protection of public order, traffic, technical means, road infrastructure, police officers.
Work bibliographic list
1. Review before of road transport accidents in the Russian Federation for 2021. [Electronic resource]. – Access mode: https://xn--90aga7a7b.xn--b1aew.xn--p1ai/news/item/23889882.
2. Review of the legislation and judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2008 (approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of December 5, 2008) (Extract) (as amended on July 17, 2019).
3. Kvitchuk A. S. The system for ensuring road safety in Russia: historical and legal research: author. dis. … doc. legal Sciences. – St. Petersburg, 2019. – 44 p.
ADMINISTRATIVE LAW
NABIULLINA Viktoriya Romanovna
senior lecturer of Technosphere safety sub-faculty of the Northern Trans-Ural State Agricultural University
JUDICIAL PRACTICE IN ADMINISTRATIVE CASES ON THE DISSEMINATION OF OBVIOUSLY UNRELIABLE SOCIALLY SIGNIFICANT INFORMATION THAT POSES A THREAT OF INTERFERENCE WITH THE FUNCTIONING OF ORGANIZATIONS (PART 9 OF ARTICLE 13.15 OF THE ADMINISTRATIVE CODE OF THE RUSSIAN FEDERATION)
The article discusses court decisions on cases of administrative offenses provided for in Part 9 of Article 13.15 of the Administrative Code of the Russian Federation. In particular, judicial practice is being investigated in cases of the dissemination of obviously unreliable socially significant information that threatens to interfere with the functioning or termination of the functioning of organizations in certain fields of activity. The author analyzes the composition of administrative offenses set out in judicial acts.
Keywords: administrative responsibility, obviously unreliable socially significant information, Part 9 of Article 13.15 of the Administrative Code of the Russian Federation.
Work bibliographic list
1. Zavadskaya L. N., Sheyafetdinova N. A., Solovyov A. A., Stepkin K. A. On the issue of legal liability for the deliberate dissemination of deliberately false information that causes panic and anxiety among the population // Education and Law. – 2018. – No. 9. – P. 205-209.
2. Klyukovskaya I. N., Ter-Avanesova I. N. Intentional dissemination of deliberately false information in the media and information and telecommunication networks – a new challenge to state security in the modern world // Humanitarian and legal research. – 2019. – No. 2. – P. 121-128.
3. Bagutsky N. V., Dadaeva Yu. V. Problems of delimitation of the norms of criminal and administrative law of the Russian Federation regulating measures to counteract the spread of coronavirus infection (COVID-19) // Bulletin of the Altai Academy of Economics and Law. – 2021. – No. 7. – P. 215-221.
ADMINISTRATIVE LAW
NEDOVA Natalya Sergeevna
Ph.D. in Law, associate professor of the Russian University of Transport
ADMINISTRATIVE AND LEGAL MECHANISM FOR THE IMPLEMENTATION OF THE FUNCTIONS OF THE FAS OF THE RUSSIAN FEDERATION FOR MONITORING AND COMPLIANCE WITH THE REQUIREMENTS OF ANTIMONOPOLY LEGISLATION
The article considers the actual aspects of the mechanism for implementing the functions of antimonopoly regulation as a means of ensuring the regime of legality and compliance with the requirements of antimonopoly legislation. Representing a closed system of legal means of administrative and legal influence, the mechanism of antimonopoly regulation presupposes the existence of specific instruments of power and administrative influence to protect competition and counteract the abuse of monopoly position in the market. Among the promising areas of development of the administrative and legal tools of the FAS of Russia for monitoring compliance with the requirements of antimonopoly legislation, the institute of antimonopoly compliance, effectively used in developed foreign legal systems, is considered. Using the example of relations in the field of state and municipal procurement, it is concluded that there are a number of problems of administrative and legal support for the implementation of antimonopoly functions of public administration and recommendations for overcoming them are proposed.
Keywords: protection of competition, measures of administrative and legal impact, compliance, contract system.
Work bibliographic list
1. Federal Law No. 135-FZ of July 26, 2006 (as amended on June 11, 2022) “On Protection of Competition” // Rossiyskaya Gazeta. – No. 162. – 07/27/2006.
2. Federal Law No. 33-FZ of March 1, 2020 “On Amendments to the Federal Law “On Protection of Competition” // Rossiyskaya Gazeta. – No. 45. – 03.03.2020.
3. Decree of the Government of the Russian Federation of June 30, 2004 N 331 (as amended on June 22, 2022) “On approval of the Regulations on the Federal Antimonopoly Service” // Rossiyskaya Gazeta. – No. 162. – 07/31/2004.
4. Kudryavtseva L. V., Byzova E. A. Antimonopoly compliance: legal regulation // Law and practice. – 2022. – No. 1. – P. 125-129.
5. Ovcharov A. V. Antimonopoly compliance as a means of preventing corruption in the field of state and municipal procurement // Military Law. – 2021. – No. 4 (68). – S. 110-116.
ADMINISTRATIVE LAW
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KRAVCHENKO Natalya Aleksandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KOVALISHINA Ksenya Viktorovna
student of the 4th course of the Crimean branch of the Russian State University of Justice
PUBLIC RESPONSIBILITY FOR ENVIRONMENTAL OFFENSES: THEORETICAL ASPECTS AND PROBLEMS OF LAW ENFORCEMENT IN THE DIGITAL SPACE
The article attempts to conduct a scientific study of the theoretical aspects and problems of law enforcement of public liability for environmental offenses as a new type of legal liability. The authors come to the conclusion that the ambiguity in understanding the category of “public liability” causes theoretical and practical uncertainty in understanding its legal nature and content. In the course of the study, the authors study various approaches to understanding “public legal responsibility for environmental offenses”, revealing this concept through the prism of the category “legal relationship”, through legally protected public interests in the field of ecology and environmental protection , through binding to the damage or harm caused by the violator to the environment, through the category “environmental offense”. As a result of the study, the authors make their proposals on countering the commission of environmental offenses and crimes in the Russian Federation, taking into account the processes of digitalization.
Keywords: environmental offenses, public liability, digitalization.
Work bibliographic list
1. Environmental responsibility: a global environmental policy. Group “Business profile” / Analytical research. Global Environmental Responsibility (2021). – [Electronic resource]. – Access mode: DelProf_Analitika_Globalnaya-ekologicheskaya-otvetstvennost.pdf (date of access: 12/05/2021).
2. Kuzmin I. A. Specifics of public liability // Lex Russica. – 2017. – No. 6 (127). – S. 39-50.
3. Evsikova E. V., Buts S. B. To the law on the amendment to the Constitution of the Russian Federation – 2020 // Eurasian legal journal. – 2021. – No. 11 (162). – S. 133-135.
4. Evsikova E. V. Law on the amendment to the Constitution of the Russian Federation 2020: some aspects of theory and practice // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2021. – T. 7. – No. 4. – S. 58-71
5. Ermolaeva P. O., Ermolaeva Yu. V., Basheva O. A. Digital environmental activism as a new form of environmental participation of the population // Sociological Review. – 2020. – T. 19. – No. 3. – P. 376-408.
6. Brinchuk M. M. Ecological and legal responsibility – an independent type of responsibility // Lex Russica. – 2016. – No. 6 (115). – S. 26-47.
7. Anisimov A. P., Ustyukova V. V., Chikildina A. Yu. Ecological and legal liability for causing harm to the environment: justification problems // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2017. – T. 12. – No. 4. – S. 133-161.
8. Strantsov A. A. Legal consequences of harm caused by an environmental offense: Textbook. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2016. – 67 p.
9. Raupova M. T. Problems related to the definition of legal responsibility in the field of environmental offenses // Bulletin of the Tajik State University of Law, Business and Politics. – 2013. – No. 2 (54). – P. 3-8.
10. Kodolova A. V., Solntsev A. M. Bringing to responsibility for causing harm to the environment in Russia and foreign countries: ways to improve legislation // Antinomies. – 2019. – T. 19. – No. 1. – P. 112-127.
11. Melnikova V. G., Suranova E. M. On the forms and procedure for compensation for harm caused to the environment // Bulletin of the Tomsk State University. – 2017. – No. 415. – P. 193-199.
12. Strantsov A. A. Harm as a basis for bringing to criminal responsibility for illegal hunting // Actual problems of combating crimes and other offenses. – 2015. – No. 15-2. – S. 50-52.
13. Evsikova E. V. Problems of theory and practice of the institute of administrative responsibility // Eurasian legal journal. – 2018. – No. 10 (125). – S. 108-110.
ADMINISTRATIVE LAW
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PAVLOVA Liliya Rasilevna
lecturer of the College of the Bashkir State University
FEATURES OF BRINGING TO ADMINISTRATIVE RESPONSIBILITY FOR DOMESTIC VIOLENCE AND DEBAUCHERY IN THE RUSSIAN FEDERATION
The article deals with the issues of counteracting domestic violence and family and household rowdy on the territory of the Russian Federation, some prerequisites for the occurrence of domestic violence, the danger associated with family violence, the features of bringing persons committing offenses in the field of family and domestic relations to administrative responsibility, their registration in the internal affairs bodies and the implementation of preventive work with them, identified problematic issues in the administrative legislation of the Russian Federation in the field of domestic violence and debauchery.
Keywords: domestic violence, domestic debauchery, beatings, police, preventive accounting.
Work bibliographic list
1. Code of the Russian Federation on Administrative Offenses.
2. Criminal Code of the Russian Federation.
ADMINISTRATIVE LAW
STANDZON Lyudmila Vladimirovna
Ph.D. in Law, associate professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GENERAL TRENDS IN THE DEVELOPMENT OF LICENSING AS AN ADMINISTRATIVE PROCEDURE IN THE RUSSIAN FEDERATION IN THE CONTEXT OF COVID-19
The article examines the trends in the development of licensing of certain types of activities in the Russian Federation as the most important administrative procedure, taking into account the impact of COVID-19 on it over the past few years. The author substantiates the need for digitalization in this area of public relations. There is also a positive impact of electronic interaction between the licensing authority and the license applicant, licensor. Special attention is paid to the peculiarities of licensing control carried out during the period of COVID-19.
Keywords: license, licensing of certain types of activities, administrative procedure, development trends, digitalization, COVID-19.
Work bibliographic list
1. State control and supervision in the field of entrepreneurial activity: account. allowance / Resp. ed. Zubarev. – M.: Prospekt, 2022. – 176 p.
2. Report on licensing certain types of activities for 2020 – M .: Ministry of Economic Development, 2021.
3. Martynov A. V. Prospects for the application of the mechanism of the “regulatory guillotine” in the reform of control and supervision activities // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2019. – No. 5. – P. 143-165.
4. The licensing system in the Russian Federation: a scientific and practical guide / Ed. ed. A. F. Nozdrachev. – M.: IZISP under the Government of the Russian Federation. – M: INFRA-M, 2015. – 928 p.
5. Special administrative and legal regimes: account. allowance / Resp. ed. S. A. Starostin. – M.: Prospekt, 2021. – 200 p.
6. Standzon L. V. Licensing system: monograph. – M.: Prospekt, 2021. – 272 p.
ADMINISTRATIVE LAW
SHUGAIBOVA Saida Shugaibovna
Ph.D. in Law, associate professor of Economic, legal and general education disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
PROBLEMS OF PETTY HOOLIGANISM IN ADMINISTRATIVE AND CRIMINAL LAW
In the article, petty hooliganism is considered as an administrative offense that violates public order, and objective signs of a specific administrative offense are indicated. The article discusses the problems associated with the implementation in practice of administrative-tort norms enshrined in Article 20.1 of the Code of Administrative Offences of the Russian Federation. In this article, the author makes a distinction between related compositions of bullying. Identifies problems in the qualification of offenses and court proceedings.
Taking into account the variety of forms of manifestation of petty hooliganism, the article reveals the peculiarities of the qualification of offenses related to the use of obscene language in public places.
The article deals with the most acute problem that causes serious difficulties in the practical activities of law enforcement officers, namely the qualification of such an administrative offense as petty hooliganism.
Keywords: obscene language, petty hooliganism, profanity, responsibility, punishment, composition, violation of public order, police, administrative fine.
Work bibliographic list
1. Borodin SV Crimes against life. – M., 1999. – S. 144.
2. Vlasova S. A. Administrative responsibility for petty hooliganism. Abstract. diss…cand. legal Sciences. – M., 2006.
3. Kudryavtsev VN General theory of qualification of crimes. – M.: Lawyer, 2015. – P. 63.
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
TO A SURVEY ON THE POSITIVE LEGAL RESPONSIBILITY OF THE MASS MEDIA
This article touches upon the problematic aspects of the positive legal responsibility that the media should bear. The issues of morality of the mass media are considered as the main tool for the qualitative improvement of the content of the broadcast media. The fundamental foundations and the social nature of the origin of the degradation-parasitic content offered to the population by the mass media are considered. Actual solutions are analyzed that contribute to an increase in positive responsibility in a market economy and liberalism.
Keywords: Mass media, shock content, technical means, information, positive legal responsibility, morality, media source, democracy, legal awareness, lawful behavior.
Work bibliographic list
1. Khachaturov R.L. Positive and retrospective legal responsibility // Vector of Science of Togliatti State University. Series: Legal Sciences. 2014. No. 1 (16). pp. 106-109.
2. Shichanin M.A. Prospective (positive) liability in budgetary law: legal profanation or necessity caused by time? // Skif. Issues of student science. 2019. No. 3 (31). pp. 139-142.
3. Kamaltdinova Yu.D. Positive legal responsibility and moral and ethical categories // Bulletin of the Chelyabinsk State University. 2009 No. 31 (169). pp. 34-36.
CIVIL LAW
ABDULMANAFOV Alen Bagaudinovich
magister student of the Institute of Law of the Dagestan State University
GUSEYNOVA Larisa Vagidovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
MILITARY MORTGAGE UPON DISMISSAL
The article reveals the concepts of military mortgage and targeted housing loans. The conditions for dismissal are determined under which benefits on military mortgages are preserved. Cases of dismissal are stipulated, in which benefits are not due to a soldier. The issues of non-fulfillment of obligations on mortgage lending to military personnel in case of early dismissal, as well as the consequences arising from this, are considered. The responsibility of the parties is determined on the example of judicial practice. Conclusions are formed on a specific claim and an opinion based on a decision on a case from judicial practice.
Keywords: mortgage, real estate, creditor, contract, loan.
Work bibliographic list
1. Civil Code of the Russian Federation as of February 1, 2021
2. Federal Law “On Mortgage (Pledge of Real Estate)” of July 16, 1998 No. 102-FZ (last edition) // ATP “Consultant Plus”.
3. Semyonistaya T. Military mortgage (reference book for servicemen) / Melnikov I.V. – 2016.
4. Kuzmina E.V., Yanin A.A. Directions and prospects for the development of the Russian market of mortgage lending // Dengi i kredit. – 2017.
5. Netishinskaya L.F., Rudenko E.S. To the question of the legal regulation of real estate pledge (mortgage) // Epomen. – 2018. – No. 12.
6. Bevzenko R.S. Commentary on the judicial practice of resolving disputes under a mortgage agreement. – M.: Statute, 2008.
7. Viktorova R.N. Responsibility of the parties under the mortgage agreement // Notary. – M.: Lawyer, 2009. – No. 1.
8. Zainullina S.R. Parties under the mortgage agreement // Scientific works of the Russian Academy of Sciences. In 3 volumes. – M.: Lawyer, 2009. – Issue. 9. Vol. 2.
9. Rudenko E.Yu. Features of the subject and object of the mortgage of residential premises // Modern law. – M.: New Index, 2009. – No. 3.
CIVIL LAW
ARTEMJEVA Ekaterina Vadimovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ZHABKIN Anton Sergeevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
SHEVCHENKO Sergey Vyacheslavovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
FIGHTING AUTO INSURANCE FRAUD
The article discusses the features of the fight against fraud in the field of auto insurance. Insurance, like any other business activity, is subject to fraud, and therefore, the issue of counteracting various violations on the part of insurance market entities is very relevant. In this area of activity, a large number of fraudulent schemes and methods of evading punishment quickly appeared. The rapid disclosure of fraudulent schemes is hindered by the participation of several parties at once – vehicle owners, appraisers and representatives of insurance companies. Auto insurance fraud is a big problem today. The main purpose of such actions is to obtain financial benefits in an illegal way.
Keywords: car insurance, fraud, compulsory motor liability insurance policy, vehicle identification number verification, crime prevention.
Work bibliographic list
1. Balalaeva M. V., Lebedeva M. A. Fraud in the field of auto insurance // Issues of modern jurisprudence. – 2017. – No. 5 (66). – S. 64-66.
2. Mironova S. M., Kharkina E. A. Actual problems of combating crimes in the field of insurance (OSAGO) // Modern society and law. – 2019. – No. 4 (41). – S. 94-98.
3. Trubchaninov A. V. Characteristics of incentive motives for committing fraudulent actions in the field of insurance of vehicles and the identity of the offender // Eurasian Law Journal. – 2020. – No. 7 (146). – S. 364-367.
CIVIL LAW
BASHILOV Boris Igorevich
Ph.D. in Law, senior lecturer on Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia, senior partner of the law firm “Bashilov, Noskov and Partners”,
OLEYNIK Anton Denisovich
student of the 4th course of the Institute of Law of the Peoples’ Friendship University of Russia
ON THE SPECIFICS OF PROVING THE UNEQUAL VALUE OF COUNTER-EXECUTION WHEN CHALLENGING TRANSACTIONS IN BANKRUPTCY PROCEEDINGS
The article is devoted to the study of the legislative provisions, scientific works related to the legal regulation of challenges to suspicious transactions, as well as identify problems in the field of regulation of challenges to these transactions. The authors also developed the concept of contesting transactions with unequal counter-performance. According to this concept, if a counterperformance of more than 20 per cent in similar transactions is rejected, the interested parties should provide additional information on the necessity of the transaction in court proceedings. The standard of proof would thus be established.
Keywords: bankruptcy, challenging debtor’s transactions, suspicious transactions, court proceedings, standard of proof, arbitration process.
Work bibliographic list
1. Miroshnichenko O. I., Samusenko T. M., Gaivonskaya Ya. V., Frolova E. E. Doctrine in the modern world: legal traditions and modern potential // The social sciences (Pakistan). – 2018. – P. 236.
2. Panchenko P. V., Frolova E. E. Implementation of the principle of assistance of the parties upon termination of the obligation and after termination // Gaps in Russian legislation. – 2018. – No. 4. – P. 136
3. Nikonov A. V. Some problems of contesting the debtor’s transactions in case of unequal counter performance // Innovations. The science. Education. – 2021. – No. 40. – P. 203.
4. Novotolskaya O. S. Controversial issues of law enforcement practice in challenging the debtor’s transactions with unequal counter performance // State and Law. Jurisprudence / Financial law. – S. 71 (71-75).
5. Sheremetyeva N.V. Judicial expert determination of the cost of works of art in Russian legal proceedings // Administrative and municipal law. – 2022. – No. 1. – P. 73.
6. Strekalovsky A. A. Determination of inequivalence in challenging the transactions of a bankrupt debtor in Russian legislation. Vestnik nauki. – 2022. – No. – 2 (47). T. 3. – S. 52.
CIVIL LAW
BEGICHEV Aleksander Valerjevich
Ph.D. in Law, professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
NAZEMTSEV Denis Mikhaylovich
assistant notary of the Barnaul Notary District, lecturer Labor, environmental law and civil process sub-faculty of the Institute of Law of the Altai State University, Barnaul
ON THE ISSUE OF REMOTE NOTARIZATION OF DECISIONS OF MANAGEMENT BODIES OF LEGAL ENTITIES AS A TOOL THAT ENSURES THE STABILITY OF CORPORATE RELATIONS
This article analyzes the novelties of legislation regulating the features of the remote method of participation in meetings of participants of a business company. The authors consider the advantages and controversial aspects of this method for civil turnover. The role of a notary in the remote notarization of management bodies of legal entities is investigated. The article notes that the remote format of a notary’s participation in certifying decisions of management bodies of business companies may be in demand when their participants are located in different localities of the Russian Federation. In this connection, the authors propose to expand the range of notarial actions that can be performed remotely.
Keywords: remote notarial actions, certification of the decision of the management body of a legal entity, general meeting of participants, remote method of participation, electronic notary.
Work bibliographic list
1. Begichev A. V. The role of digitalization in the interaction of judicial and notarial authorities in the application of conciliation procedures // RUDN Journal of Law. 2022 Vol. 26 No. 2.
2. Gutnikov O. V. Trends in the development of corporate governance in modern conditions // Journal of Russian law. 2020. No. 8.
3. Sinitsyn S. A. Russian and foreign civil law in the context of robotization and digitalization. Experience of interdisciplinary and branch research: monograph. M., 2021.
4. Shitkina I. S., Seveeva K. V. Face-to-face meetings in a remote format // Legislation. 2020. No. 11.
5. Shitkina I. S., Seveeva K. V. Ways of decision-making by the general meeting of an economic society: novelties of legislation // Economy and law. 2021. No. 8.
6. Lexakova E. O., Gorobinsky V. G. “Qi Free notaries” in corporate relations // Notarial Bulletin, 2021. No. 9. P. 25.
7. Korsik K. A. Notaries in the federal project “Normative regulation of the digital environment” // Notarial Bulletin. 2020. No. 12. P. 3.
CIVIL LAW
BIKMEEV Ruslan Damirovich
postgraduate student of the 2nd course of the Institute of Law of the Bashkir State University
AKHTYAMOVA Evgeniya Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Institute of Law of the Bashkir State University
PERMISSION TO INSTALL AND OPERATION OF ADVERTISING CONSTRUCTION AS AN ACT OF EXPRESSION OF PUBLIC INTEREST
The article analyzes the current legislative regulation of the installation and operation of advertising structures, as well as related administrative procedures to identify emerging related ones that characterize the permission to install and operate advertising structures as a tool for expressing and protecting public interest. The key positions and definitions for the study are considered and established.
Keywords: advertising structures, outdoor advertising, legal regulation of outdoor advertising, public interest, permission.
Article-by-article bibliographic list
1. Kosyrev E. V. The concept of outdoor advertising // Russian competition law and economics. – 2019. – No. 1. – P. 14-17.
2. Kosyrev E. V. Peculiarities of offenses under Article 14.37 of the Code of Administrative Offenses of the Russian Federation // Laws of Russia: experience, analysis, practice. – 2019. – No. 11. – P. 79-84.
3. Shigabutdinov R. R. Problems of the state in the legal theory of professor of Kazan University G. F. Shershenevich // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2013. – No. 11. – S. 28-33.
4. Financial activity in the field of public and private finance: current state and development prospects: materials of the International Scientific and Practical Conference (Moscow, November 27, 2015) / Ed. I. A. Tsindeliani. – M.: RGUP, 2016. – S. 1-385.
CIVIL LAW
BOYARSKAYA Yuliya Nikolaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Saratov State Law Academy
LEGAL REGULATION OF RELATIONS IN THE FIELD OF MANAGEMENT OF APARTMENT BUILDINGS
The author in the article discusses the features of the legal regulation of relations in the field of management of apartment buildings. Also in this paper, special attention is paid to the draft Strategy for the development of the construction industry and housing and communal services of the Russian Federation until 2030 with a forecast for the period up to 2035, the approval of which will eliminate some of the problems of legal regulation of the management of MFBs, and will also improve the quality of the provided housing and communal services.
Keywords: management of MKD, apartment building, housing and communal services.
CIVIL LAW
DZYUMAN Aleksey Mikhaylovich
individual entrepreneur
PODOSINOV Dmitry Sergeevich
CEO of the JSC “Vizhnmedia”
SKRIPCHENKO Viktor Sergeevich
CEO of the LLC “UK Skripchenko I Partners”
THE IMPERATIVE IN CIVIL LAW – FREEDOM OF CONTRACT
Freedom of contract is a legal instrument, a legal tool designed to give fundamental uniformity, consistency, clarity and order in the process of implementing the tasks facing civil law, including ensuring sustainable economic development in the direction and boundaries determined by the law-maker.
Freedom of contract is interpreted as a principle serving the development of civil turnover and, in general, the entire market economy. Despite the existence of numerous studies of the civil nature of freedom of contract, a significant number of topical issues still require research. This is confirmed by the lack of understanding and respect for this principle in Russian society, the lack of generally accepted recognition of the boundaries of freedom of contract as a norm and as a principle, and others.
These circumstances indicate the importance and relevance of the topic of the work, anticipate its purpose and objectives.
Keywords: freedom of contract, imperative, principle, legal means, legal instrument, civil law, civil circulation.
Work bibliographic list
1. Ivanova Yu. A., Menyailo L. N., Fedulov V. I. The principle of freedom of contract in civil law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 5. – P. 67. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/printsip-svobody-dogovora-v-grazhdanskom-prave (date of access: 05/13/2019).
2. Radbruch G. Philosophy of law. Translation from German. – M.: Intern. relations, 2004. – S. 161.
3. Klimova A. N. From the history of the development of the principle of freedom of contract in Russian civil law // Legal Science. – 2015. – No. 2. – P. 49. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/iz-istorii-razvitiya-printsipa-svobody-dogovora-v-rossiyskom-grazhdanskom-prave (date of access: 05/13/2019).
4. Pobedonostsev K. P. Course of civil law. Part three: Contracts and obligations. – M.:Statute, 2003. – S. 123-124; Shershenevich G.F. Textbook of Russian civil law. – M.: Spark, 1995. – S. 26 and others.
5. Khamidullina F. I. Contractual relations in the aspect of formalization of the moral principles of civil law // Humanitarian, socio-economic and social sciences. – 2018. – No. 1.
6. Russkikh T. V. To the question of the freedom of the labor contract and its limitation // Bulletin of the Udmurt University. Series “Economics and Law”. – 2015. – No. 4.
7. Soifer VG The limits of contractual regulation of labor relations need to be expanded // Labor Law. – 2019. – No. 4.
8. Sadovaya I. G. The principle of freedom of a civil law contract and its limitations // Academy. – 2017. – No. 11 (26).
9. Principles of civil law and their implementation: monograph / Ed. T. P. Podshivalova, G. S. Demidova. – Moscow: Prospekt, 2019. – 352 p.
CIVIL LAW
Mikhail Nikolaevich KUZNETSOV
Ph.D. in Law, professor, professor of Civil law and process and international private law sub-faculty of the Рeoples Friendship University of Russia
ZAYTSEV Viktor Vasiljevich
magister student of the 2nd course of the Peoples Friendship University of Russia
INSTITUTE OF JUDICIAL REPRESENTATION IN THE ERA OF DIGITALIZATION
The article examines the institution of judicial representation in the era of digitalization, its impact on the work of a judicial lawyer. The authors consider a number of areas in which the development of digitalization is most pronounced: the use of digital services in the activities of a judicial representative, the use of digital programs to organize the internal process of a judicial lawyer, the impact of digitalization on the institution of advocacy, the interaction of a judicial representative with the court taking into account digitalization. Relevant conclusions have been drawn on each issue under study, as a general conclusion, the authors note that digitalization has a positive effect on the work of a judicial representative, helps to save time, labor costs, and also allows you to competently and efficiently distribute tasks.
Keywords: judicial representation, automation of judicial and claim work, digitalization of the judicial process, CIS AR.
Work bibliographic list
1. Valeev D. Kh., Kostin I. M. An indicative approach to assessing the main parameters of implementation and access to justice in a digital economy // Arbitration and civil process. – 2019. – No. 9. – P. 58-63.
2. Divin I. M. A look at professional judicial representation through the prism of procedural legislation // Russian justice. – 2018. – No. 3. – S. 22-24.
3. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Ed. Yurlitinform, 2021. – S. 224.
4. Zazulin A. I. Positive and negative views on the digitalization of law: in search of an objective point of view // Law order: history, theory, practice. – 2022. – No. 1 (32). – P. 6-12.
5. Kachalova O. V. European standards for the use of information technologies in legal proceedings in the context of modern challenges and threats // Legal state: theory and practice. – 2022. – No. 1. – P. 101-115.
6. Naumov VV The use of information tools by a lawyer in the process of pre-trial preparation for participation in an arbitration dispute // Arbitration and civil process. – 2021. – No. 1. – P. 14-18.
7. Prizhennikova A. N. Digitalization of justice: theoretical and practical aspects // Education and law. – 2020. – No. 2. – P. 240-250.
8. Rusakova E. P. Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. – 2020. – No. 9. – P. 102-109.
9. Rusakova E. P., Gronik I. A., Kupchina E. V. Civil litigation through the prism of digitalization: the experience of Russia, the USA and the Philippines // Textbook. Ed. Peoples’ Friendship University of Russia (PFUR). – 2021. – S. 109.
10. Sannikova L. V., Kharitonova Yu. S. Transformation of law in the digital era: a look into the future // State and Law. – 2019. – No. 9. – P. 87-96.
11. Fomina O. Yu. Professional representation: arguments for and against // Actual problems of Russian law. – 2019. – No. 2. – P. 95-101.
12. Chudinovskaya N. A., Malov A. A., Podolsky Yu. D., Rusinova E. R. et al. The participation of a lawyer in the civil process: a textbook for undergraduates. – Moscow: Statute, 2020. – 173 p.
13. Kantser Yu. A. Features of holding an online meeting in arbitration courts // Russian judge. – 2021. – No. 10. – S. 20-24.
14. Rusakova E. P. Robotization of civil proceedings: reality or future // Smart innovation, systems and technologies. – 2022. – Volume 288. – S. 211-217.
15. Rusakova E. P. Frolova, E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in research on Russian business and management. – 2022. – P. 191-198.
16. Frolova, E. E., Rusakova E. P. Trends in the Development of Alternative Ways of Dispute Resolution of Neo Industrialization Subjects // Modern Global Economic System: Evolutional Develoption vs. Revolutionary Leap: Institute of Scientific Communications Conference. – Cham: Springer Nature, 2021. – P. 1842-1849.
17. Poteeva A. V. Remote methods of participation in the court session: advantages and disadvantages // Arbitration disputes. – 2021. – No. 2. – P. 65-72.
18. Kondrashov I., Ivanov A., Tsshaige H., Pronin A., Sergo A., Gashtayer T., Vashkevich A., Kvitko R., Nesterenko A., Savelyev A., Pereverzev S., Kalyatin V., Budylin S. LegalTech and lawyers of the future // Law. – 2017. – No. 11. – S. 20-36.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
LEGAL NATURE AND FEATURES OF THE RETAIL SALE AGREEMENT
The modern market is oversaturated with all kinds of goods that are in demand among consumers and have different prices. Manufacturers of goods strive to improve their quality in order to arouse increased interest among buyers and extract the maximum possible profit. Every day around the world, a huge number of different transactions for the transfer of goods are made, which are mediated by a retail sale contract. It has become widespread throughout the civilized world, in states professing democratic principles. The article discusses the legal nature of the retail sale contract, analyzes its inherent legal features, reveals its significance in the conditions of modern legal reality. The importance of the further use and development of retail trade in the context of the dynamic growth of the state economy is being updated.
Keywords: retail purchase and sale, commodity-money relations, features of retail trade, legal nature, seller and buyer.
Work bibliographic list
1. Artemov D. M. General characteristics of the retail purchase and sale agreement // New Legal Bulletin. – 2020. – No. 7 (21). – S. 29-35.
2. Belskaya AA Responsibilities of the seller under the contract of retail purchase and sale // New legal bulletin. – 2019. – No. 1 (8). – P. 16-18.
CIVIL LAW
MAGOMEDOV Abdulkhalik Mukhtarovich
magister student of Civil law sub-faculty of the Dagestan State University
MAGOMEDOVA Amina Gennadjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Dagestan State University
PROBLEMS OF THE LEGALITY OF THE APPLICATION OF DISCIPLINARY SANCTIONS
The article deals with the problems of the legality of the application of disciplinary sanctions. It is emphasized that the issues of compliance with labor discipline are relevant today, since with their help the balance of interests of the parties to the employment contract is ensured. As part of the disclosure of the topic, the legislation regulating the issues of labor discipline, as well as the existing judicial practice, was analyzed. The main conclusion is the provision according to which disciplinary sanctions will be effective only if a real legal mechanism is created that ensures a balance of interests of the employer and employee.
Keywords: legitimacy, disciplinary sanctions, labor legislation, employee, employer.
Work bibliographic list
1. Elkibaeva M.A. Is a fine possible as a disciplinary sanction in Russian labor law: raising the question // We bequeath to future generations: to do good in defense of the law: materials of the All-Russian Society. scientific-practical. conf. with international participation. – Noginsk, 2021. – S. 96-98.
2. Kostyuk K. I. Penalty: the prospect of introduction as a type of disciplinary sanction // Vestnik nauki i obrazovaniya. – 2018. – No. 9 (45). – S. 82-84.
3. Kotsareva A.M., Porvatova A.K. The legality and effectiveness of the imposition of penalties by the employer on employees // Traditional and innovative science: history, current state, prospects: coll. Art. intl. scientific-practical. conf. – Sterlitamak, 2022. – S. 219-222.
4. Maksina S.V. Separate problems of protecting the rights of workers when bringing them to disciplinary responsibility // Uchenye zapiski juridical faculty. – 2021. – No. 4. – P. 63-66.
5. Lomakina L.A. Some problems of application of legislation on disciplinary responsibility // Journal of Russian law. –2017. – No. 10. – S. 104-110.
6. Shapovalova D.A. Dismissal of an employee as a measure of disciplinary action // Topical issues of modern science: Sat. Art. intl. scientific-practical. conf. – Ufa, 2019. – S. 17-20.
CIVIL LAW
MOGILEVSKIY Grigoriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the army general I. K. Yakovlev Novosibirsk Military Institute of the National Guard troops of the Russian Federation, associate professor of Civil law sub-faculty of the Siberian Transport University
KOMISSAROV Aleksey Valerjevich
Ph.D. in Law, associate professor, Head of Civil law sub-faculty of the Novosibirsk order of Zhukov army general I. K. Yakovlev Military Institute of the National Guard of the Russian Federation, colonel of justice
CRITERIA FOR THE COMMISSIONING OF THE ACTIVITIES OF THE EXTERNAL ADMINISTRATION FOR THE MANAGEMENT OF THE ORGANIZATION AS AN ELEMENT OF THE ECONOMIC SOVEREIGNTY OF THE STATE
Examining the criteria for the introduction of the activities of the external administration for the management of the organization, the article substantiates the relevance and necessity of the normative regulation of such a procedure as an element of the formation of the economic sovereignty of the state and, as a consequence, the conditions for achieving sovereign statehood in all other spheres of state functioning. Along with the positive aspects of the content of the draft law regulating this sphere of property turnover, the authors set out proposals for its adequate revision.
Keywords: sovereign statehood, economic sovereignty, economic sphere, property turnover, organization management, external administration, activities, criteria, commissioning conditions, draft law, content analysis
Work bibliographic list
1. Izbulatov X.X. Methodological tools for political and legal research of the concept of “economic sovereignty” // Philosophy of Law. 2007. No. 3.
2. Picture of foreign business: you can’t leave, you can’t stay. [Electronic resource]. – Access mode: www.rbk.ru. (Accessed: 10/12/2022)
3. Pervunin M.V. The lawyers analyzed the amendments on the introduction of external management in foreign companies in Russia. [Electronic resource]. – Access mode: www.advgazeta.ru. (Date of access: 10/16/2022).
4. Knutova V.N. External management of foreign companies: how it works. [Electronic resource]. – Access mode: www.pravo.ru. (Date of access: 10/18/2022).
CIVIL LAW
OSIPOV Danila Denisovich
senior lecturer of the Samara State University of Economics
PROSPECTS FOR THE DEVELOPMENT OF PRIVATE DETECTIVE ACTIVITIES IN THE RUSSIAN FEDERATION
In the framework of this study, the author made an attempt to analyze the role and significance of the principles of private detective activity, and also presented their system. The article analyzes the provisions of modern legal science on the concept and meaning of the principles of law. Individual author’s positions regarding the role and significance of the principles of law in legal regulation are being investigated. The general theoretical problems of the development of the institute of private detective activity and the questions of the system of principles in the designated activity are indicated. The author’s vision of the problem on the need for legislative consolidation of the principles of private detective activity and their content is presented.
Keywords: principles of law, private detective activity, legal regulation, principles of private detective activity, private detective.
Work bibliographic list
1. Protasov VN General theory of procedural law: textbook for universities. – Moscow: Yurayt Publishing House, 2022. – 186 p.
2. Kononov A. L. On the general principles of law in French and Belgian judicial practice in administrative cases // State and Law. – 2001. – No. 3.
3. Voplenko N. N., Rudkovsky V. A. The concept and classification of the principles of law // Leningrad legal journal. – 2014. – No. 4 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-klassifikatsiya-printsipov-prava-1 (date of access: 20.09.2022).
4. Law of the Russian Federation of March 11, 1992 No. 2487-1 (as amended on June 28, 2022) “On Private Detective and Security Activities in the Russian Federation” // ATP Consultant Plus.
5. Lang P. P. Axiological measurement of legal matter: theoretical and utilitarian-practical aspects: monograph. – Samara: LLC “Printing Association “Standard”, 2021. – 192 p.
CIVIL LAW
PIROVA Rena Nizamievna
Ph.D. in historical sciences, associate professor of Economics, law and general education sub-faculty (branch) of the Dagestan State University in Kizlyar
COPYRIGHT IN ISLAM
Since 2000, WIPO has been celebrating the International Intellectual Property Day. In modern realities, we once again think about how intellectual property rights contribute to the development of innovation and creativity. In this article we will talk about copyright in Muslim countries, their protection and consolidation.
Keywords: Copyright, Islam, Muslim countries, Sharia, law, protection, Quran, Hadith.
Work bibliographic list
1. Aunur Rohim Fakih. Intellectual Property Rights, How are they protected from an Islamic point of view? // Journal of Intellectual Property Rights Waqf, Yogyakarta: HKI Center FH UII Press, 2016. P. 75-76.
2. Sunan at-Tirmizi. Hadith Hasan. Translation by N. Kuznetsov. Istanbul, 2013.
3. Ahmad Mustafa Al-Maragi, Op.cit., pp. 25-26
4. Department of Islamic Economics and Law and Legal Protection of Intellectual Property Rights According to the Islamic Perspective. Khesunida, 2020. S. 2.
5. Sunan Abu Dawood as-Sijistani. Translation: Karima Sorokoumova.
6. Riyadh Al Balushi and Sadeek Hasna // Global Voices.
CIVIL LAW
PRONINA Yuliya Olegovna
Ph.D. in economical sciences, associate professor, associate professor of Civil law sub-faculty of the Southwestern State University
FAMILY BUSINESS “AMERICAN STYLE”: LEGAL SUBTLETIES
The author considers options for the legal registration of a family business in the United States. The choice for consideration fell on this state not by chance – they are leaders in the number of registered enterprises operating in this way. Conducting a family business reviving in Russia, today, from a legal point of view, has not been regulated in any way. In the article, the author considers the existing foreign experience, which will allow Russian legislators to competently build a family business system. The article is the result of the author’s scientific research on a family business that requires legislative regulation.
Keywords: family business, family, small business, family norms, business, doing business.
Work bibliographic list
1. Eliseikin M. Monocorporations of the USSR: Elimination of private trade. – [Electronic resource]. – Access mode: https://vc.ru/u/116881-mihail-eliseykin/458703-monokorporaciya-sssr-likvidaciya-chastnoy-torgovli (date of access: 10/20/2022).
2. Zhuk A. A., Potiy K. M. The phenomenon of family business in modern economic theory // Russian Entrepreneurship. – 2017. – T. 18. No. 19. – S. 2891-2908. – [Electronic resource]. – Access mode: https://doi.org/10.18334/rp.18.19.38321.
3. Li G. Comparative analysis and characteristics of the development of family business in the regions of China (Hong Kong, Macau, Taiwan, mainland China) // Theory and practice of social development. – 2019. – No. 2 (132). – P. 45-49. – DOI 10.24158/tipor.2019.2.7. – EDN VTIKON.
4. Murzina Yu. S. The future of family business in Russia: the transfer of business to successors // Leadership and Management. – 2015. – T. 2. – No. 2. – S. 141-158. – [Electronic resource]. – Access mode: DOI 10.18334/lim.2.2.540. – EDN VDFHWB.
CIVIL LAW
RYABUS Olga Aleksandrovna
Ph.D. in Law, associate professor of Civil procedural law sub-faculty of the Rostov branch of the Russian State University of Justice, Magistrate of the Court District No. 1 of the Proletarsky Judicial District of Rostov-on-Don
TRIFONOV Sergey Gennadjevich
Ph.D. in Law, associate professor of Public legal disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
TO THE QUESTION OF INDIVIDUAL WAYS OF PROTECTING THE RIGHTS OF ENTREPRENEURS IN MODERN CONDITIONS
In the article, the authors consider the problem of protecting the rights of entrepreneurs in modern conditions.
The authors analyzed the institute of the Business Ombudsman, the introduction of which essentially marked a new stage in the dialogue between government and business.
Keywords: entrepreneurial activity, entrepreneurs, protection of rights, business Ombudsman, Commissioner under the President of the Russian Federation for the Protection of the rights of Entrepreneurs.
Work bibliographic list
1. Fadeeva V. A. The Institute of the Commissioner for the Protection of the Rights of Entrepreneurs in the Russian Federation // Izv. Sarat. university New ser. Ser. Economy. Control. Right. – 2013. – No. 4. – P. 734.
2. Johannesburg Declaration on Sustainable Development 2002. – [Electronic resource]. – Access mode: http://www.un.org/ru/documents/decl_conv/declarations/decl_wssd.shtml (date of access: 03/30/2022).
3. Gorbachev A.P. Specialization of the Institute of the Commissioner for Human Rights in the Russian Federation (On the example of the Commissioner for the Protection of the Rights of Entrepreneurs): dissertation … candidate of legal sciences: 12.00.02. – Belgorod, 2016. – 151 p.
4. Bondareva E. A. Principles of the foundations of the economic system as an element of the constitutional economy // Constitution ism and state science. – 2016. – No. 1 (8). – S. 25.
CIVIL LAW
SKLENAZH Yuriy Alexandrovich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples Friendship University of Russia
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor, associate professor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples Friendship University of Russia
THE FORMATION OF A DIGITAL NOTARY IN THE RUSSIAN FEDERATION
The modern legal sphere of society is closely connected with digital technologies. Society, as an understanding, on the one hand, the speed of compilation and ease of use of digital legal document flow, and, on the other hand, its security, chooses the format of electronic legal documents. The issues of introduction and improvement of digital legal turnover in the notary are especially relevant. It should be emphasized that it remains necessary to find a balance between the technological development of the notary and the provision of legal protection of the legitimate interests of individuals and legal entities.
Keywords: notary, digitalization, certification of transactions, digital technologies, information society, digital legal turnover.
Work bibliographic list
1. Antrushina D. A. Electronic document management in a notary: legal regulation and problems of practice // Issues of Russian justice. – 2020. – No. 5. – P. 336-353.
2. Tsvetkov D. D. Development of the system of notarial services in the digital economy // Scientific works of the Free Economic Society of Russia. – 2019. – T. 218. No. 4. – S. 406-411.
3. Levushkin A. N. Participation of a notary in hereditary legal relations during the transfer of corporate rights and family business by inheritance // Inheritance Law. – 2021. – No. 1. – P. 17-20.
4. Kholkina M. G., Kravchenko A. G. Legal regulation of notarial actions in the conditions of the formation of the digital economy // Asia-Pacific region: economics, politics, law. – 2021. – No. 1. – P. 104-114.
5. Kazantseva A. E. Acceptance of inheritance // Bulletin of the Omsk University. Series: Law. – 2012. – No. 3 (32). – S. 127-123.
6. Shibalov M. A., Udalov M. I. Topical issues of inheritance by law in the Russian Federation // International Journal of the Humanities and Natural Sciences. – 2021. – No. 5-4. – S. 204-207.
7. Moiseeva O. V. Digital notary: responses to modern challenges // Tambov legal readings named after F. N. Plevako: materials of the IV Intern. scientific-practical. conf. (Tambov, May 22-23, 2020). – Tambov: Publishing House “Derzhavinsky”, 2020. – P. 431-436.
8. Lynov V. V. Digitalization of notarial activities during the pandemic // StudNet. – 2020. – V. 3. No. 7. – S. 648-654.
9. Dolgov S. G. Provision of notarial services using electronic technologies (digital notaries) // Notary. – 2019. – No. 3. – P. 38-41.
10. Kirillova E. A. The state of the Russian notaries: the introduction of a digital format // Notary. – 2020. – No. 6. – P. 42-44.
11. Poduzova E. B. Consent in digital medicine: notarial and civil aspects // Notarial Bulletin. – 2021. – No. 5. – P. 5-16.
12. Rusakova E. P., Zaitsev V. V. Online litigation in the Russian Federation // Advances in Law Studies. – 2020. – T. 8. No. S5. – S. 49-54.
13. Rusakova E. P., Frolova E. E. Current problems of digital justice in the BRICS Countries. Smart Innovation, Systems and Technologies. – 2022. – T. 254. – S. 143-153.
14. Begichev A. V., Frolova E. E. On the issue of systematization of sources of normative legal regulation of notarial activities. P. A. Stolypin. – 2016. – No. 4. – S. 52-65.
CIVIL LAW
ULAEVA Natalya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
THE SPECIFICS OF LEGAL REGULATION AND INDIVIDUAL PROBLEMS OF LAW ENFORCEMENT IN THE PLACEMENT OF PARKING LOTS, ROAD POCKETS AND PARKING LOTS OF VEHICLES BY LOCAL GOVERNMENTS
The article examines the specifics of legal regulation in the implementation by local self-government bodies of parking lots, road pockets and the organization of parking of vehicles, highlights some gaps in the current legislation and problems of law enforcement practice
Keywords: local self-government bodies, parking, road pocket, vehicle parking, project documentation, construction and reconstruction, major repair of highways.
CIVIL LAW
USTYUZHANINA Viktoriya Olegovna
lecturer of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
THE PROBLEM OF DEFINING E-COMMERCE – THE CONSOLIDATION OF LEGISLATION AND GLOBAL PROCESSES
The article raises the problem of defining the concept of “electronic commerce” in Russia. The author analyzes approaches to the definition of this term in foreign countries, concludes that the scope of the concept of “electronic commerce” has been significantly narrowed. In view of the digitalization of trade relations, it is proposed to revise the approach to the definition of electronic commerce, defining it as any commercial interaction in which transactions are concluded through digital technologies.
Keywords: e-commerce, transaction, digitalization, civil law, commercial law.
Work bibliographic list
1. Ingole, A. V. E-commerce revolution: Contemporary challenges of legal regulation // International Journal of Economic Perspectives. – 2021. – No. 15 (1). [Electronic resource]. – Access mode: https://ijeponline.org/index.php/journal/article/view/57 (accessed 27.08.2022).
2. Serova E. Comparison of approaches to legal regulation of e-commerce in the BRICS countries // BRICS JOURNAL OF ECONOMICS – 2020 – No. 1 (4). [Electronic resource]. – Access Mode: https://brics-econ.arphahub.com/article/24217/list/9/
3. Voitovich A. I. Course of lectures. – Minsk: Academy of Public Administration under the President of the Republic of Belarus, 2005. – P. 117.
4. Emanova N. S. Signs of e-commerce // Vestnik OmGU. Series. Right. – 2014. – No. 1 (38). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/priznaki-elektronnoy-torgovli (date of access: 09/29/2022).
5. Pankina T. V. Electronic commerce and electronic trade: approaches to classification // Vestnik REA im. G. V. Plekhanov. – 2008. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/elektronnaya-kommertsiya-i-elektronnaya-torgovlya-podhody-k-klassifikatsii (date of access: 09/07/2022).
6. Razuvaev DV International e-commerce, problems and development prospects: dis. … cand. economy Sciences: 08.00.14; VNIIVS. – M., 2004. – S. 12.
7. Savinov Yu. A., Zelenyuk A. N., Taranovskaya E. V. Use of blockchain technology in international trade // Russian Foreign Economic Bulletin. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-tehnologii-blokcheyn-v-mezhdunarodnoy-torgovle (date of access: 09/09/2022).
CIVIL LAW
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
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
LEGAL REASONING ABOUT THE MAINTENANCE OBLIGATION OF PARENTS IN RELATION TO THE CHILD
The article deals with the issues of maintenance of children by parents and legal representatives. The grounds for the emergence of maintenance obligations on a voluntary and judicial basis are analyzed. The mechanisms of influence on persons liable to pay maintenance for their children are revealed. The norms are analyzed not only of a civil law nature, but also of an administrative impact on a maintenance subject.
Keywords: alimony, disability, child, maintenance agreement, neediness.
Work bibliographic list
1. Kozhina Yu.A., Frolovskaya Yu.I. Social policy of the state in relation to the pension rights of the child // Social and pension law. 2019. No. 3. S. 32-34.
2. Bondarenko I.V., Frolovskaya Yu.I. To the question of the forms of family education in the implementation of the child’s right to protection // Eurasian legal journal. 2019. No. 5 (132). pp. 207-208.
CIVIL LAW
ARGASHOKOV Ruslan Yurjevich
postgraduate student of the Institute of Public Administration and Management of the RANEPA under the President of the Russian Federation
THE BEGINNINGS OF CIVIL LEGISLATION AS THE BASIS FOR THE SAFETY OF ENTREPRENEURIAL ACTIVITY
The security of entrepreneurial activity is connected with the beginnings of civil legislation, which provides for a number of basic principles and norms that all participants in legal relations must follow. The article examines the relationship between conscientiousness, reasonableness and the implementation of entrepreneurial activity. The author reveals some aspects of the correlation of the used criteria for evaluating management decisions, and identifies the mechanism of influence on business entities.
Keywords: security, entrepreneurial activity, principles of civil legislation, integrity, risk.
Work bibliographic list
1. Konovalov A. V. The main principles of the civil legislation of Russia // Law. – 2016. – No. 11. – P. 116-124.
2. Bublik V. A., Semyakin M. N. Problems of the formation of the identity of Russian civil law in the context of understanding civil law culture // Bulletin of the Perm University. Legal Sciences. – 2021. – No. 3. – S. 602-623.
3. Pokrovsky I. A. Main problems of civil law. 3rd ed., stereotype. – M.: Statute, 2001. – 354 p.
4. Aliev T. T., Charykova A. I. Some problems of application of judicial discretion in the arbitration process // Modern law. – 2021. – No. 9. – P. 59-62.
5. Gribov N. D. The doctrine of the prohibition of contradictory behavior // Actual problems of Russian law. – 2020. – No. 3. – C. 128-135.
6. Laptev V. A. Corporate law: legal organization of corporate systems. – M.: Prospekt, 2019. – 384 p.
7. Civil law of the welfare state: a collection of articles dedicated to the 90th anniversary of the birth of Professor A. L. Makovsky (1930-2020) / A. G. Arkhipova, A. V. Asoskov, V. V. Bezbakh and others; resp. ed. V. V. Vitryansky, E. A. Sukhanov. – Moscow: Statute, 2020. – 480 p.
8. Nam KV The principle of good faith as a legal principle // Bulletin of economic justice of the Russian Federation. – 2020. – No. 2. – P. 88-103.
9. Konovalov A. V. The principle of reasonableness in civil law // Actual problems of Russian law. – 2019. – No. 8. – S. 11-21.
10. Pokrovsky S. S. Subsidiary liability: problems of legal regulation and law enforcement // Bulletin of economic justice of the Russian Federation. – 2015. – No. 7. – P. 98-129.
11. Abramov VV The definition of “security” in civil law and legislation // Bulletin of the Perm University. Legal Sciences. – 2013. – No. 4. – P. 111-117.
CIVIL LAW
PUGACHEVA Anna Sergeevna
postgraduate student of Civil law sub-faculty of the Kazan (Privolzhie) Federal University, Head of the regional office Kazan, LLC “Legal Service Partner”, Kazan
CIVIL LAW STATUS OF LEGAL ENTITIES AS SUBJECTS OF INVESTMENT ACTIVITY
Legal entities are the largest category of investors, in view of the implementation of various forms of investment activities. The purpose of the study is to characterize the civil law status of legal entities as subjects of investment activity. 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 practice, doctrinal provisions. The main results of the study are that the essence and content of the civil law status of investors are determined; established the relationship between the general and special components in the civil law status; clarified the features of the civil law status of professional investors and quasi-subjects; justified the development of investment law as a complex industry in which the leading role is played by civil law regulation.
Keywords: civil law status, subjects of investment activity, professional investors, institutional investor, qualified investor, quasi-entities.
Work bibliographic list
1. Pugacheva AS Investment activity as a subject of civil law regulation // Eurasian legal journal. – 2021. – No. 11 (162). – S. 217-222.
2. Bit-Shabo I. V. Public law and private law nature of the institution of public-private (municipal-private) partnership // Security of business. – 2020. – No. 4. – P. 3-7.
3. Gorelkina I. A., Beda D. V. Investments in fixed capital: current state and problems // Innovative aspects of the development of science and technology. – 2021. – No. 2. – P. 127-134.
4. Milova LN Participation of banks in leasing // International journal of the humanities and natural sciences. – 2021. – No. 5-2. – S. 233-235.
5. Fox VN Investment law. – Novosibirsk: Novosibirsk National Research State University, 2015. – 568 p.
6. Melnichuk M. V. Institutional investors in the financial market: international experience in financing projects aimed at sustainable development and green growth // Audit and financial analysis. 2019. – No. 4. – P. 124-128.
7. Yarygina I. Z. Institutional investors in Russia // Archivist. – 2016. – No. 1 (5). – S. 106-109.
8. Abramov A. E. Institutional investors in the world: features of activity and development policy: in 2 books. Book 2. – M.: Delo Publishing House, 2014. – 206 p.
9. Podgorny B. B. Institutional investors of the Russian stock market: habitus and practices // Modern studies of social problems. – 2017. – Volume 8. No. 9. – P. 82-101.
10. Krasilnikov S. S. Investment partnerships as a model for conducting joint activities: features of legal regulation and adaptation problems // International cooperation of Eurasian states: politics, economics, law. – 2018. – No. 4 (17). – S. 98-107.
11. Okhotnikova T.V. Fundamentals of formation of the mechanism of self-organization of investment activity subjects // Interexpo Geo-Siberia. – 2014. – No. 1. – P. 271-275.
12. Features of legal regulation and problems of adaptation of an investment partnership as a model for conducting joint activities. – M .: JSC “RVC” AB “Line of Rights”, 2017. – 52 p. – [Electronic resource]. – Access mode: https://www.rvc.ru/analytics/?rubric=516\&sphrase_id=36796#file100297 (date of access: 11/22/2021).
13. Tselovalnikova I. Yu. Legal regulation of investment activities. – M.: Law Institute of MIIT, 2013. – 166 p.
14. Gruzdev VV The structure of subjective civil rights and civil obligations // Actual problems of Russian law. – 2018. – No. 5. – P. 95-104.
15. Gruzdev VV Civil law universal imperative // Notary. – 2019. – No. 2. – P. 14-16.
16. Ibrahimova AI The concept and protection of personal or personal spiritual, moral and intellectual rights, and civil liability for their violation // Russian justice. – 2020. – No. 8. – P. 13-16.
17. Lapteva A. M. Investment law. – M .: Yurait Publishing House, 2020. – 535 p.
18. Bolenchuk M. B. Improving the mechanism for the development of the investment climate in Russia // Innovations and investments. – 2021. – No. 6. – P. 184-187.
19. Gerasimov K. B. Investments in innovations of social and technological enterprises. Bulletin of the University. – 2021. – No. 5. – P. 153-161.
20. Shchepetova S. E., Trukhinova O. L. Organization of interaction of participants in the investment process on the basis of a systematic justification of a multi-criteria choice // MIR (Modernization. Innovations. Development). – 2021. – No. 2. – P. 114-127.
21. Raikher V.K. Socio-historical types of insurance. – M.-L.: Publishing house of the Academy of Sciences of the USSR, 1947. – 282 p.
22. Popov E. V. International legal aspects of investment protection and resolution of investment disputes. – M.: Lawyer, 2011. – 208 p.
23. Parra A. R. Principles Governing Foreign Investment as Reflected in National Investment Codes // Foreign Investment Law Journal. ICSID Review. – 1992. – Volume 7. No. 2. – P. 428-434.
CIVIL LAW
Berman Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON THE DIGITALIZATION OF COURT PROCEEDINGS IN RUSSIA AND ABROAD
The article discusses the impact of advances in science in the field of artificial intelligence on the consideration and resolution of judicial disputes in various jurisdictions. The question about positive or negative effect from introduction of developments in the given sphere causes long and fierce discussions among legal scholars, as along with increase in speed and quantity of cases considered there are questions about consequences of mistakes or insufficient qualification of computer and moral component of inanimate administration of justice.
Keywords: artificial intelligence, litigation, court judgment, judge, digitalization, computer.
Work bibliographic list
1. Adams D. The Hitchhiker’s Guide to the Galaxy. – M.: AST, 2021. – 640 p.
2. Duflo A. Artificial intelligence in French law // Bulletin of the O. E. Kutafin University. – 2021. – No. 1. – P. 47-55.
3. Miftakhova R. G., Morozkina E. A. Machine translation. Neurotranslation // Bulletin of the Bashkir University. – 2019. – T. 24 – No. 2. – S. 497-502.
4. Frolova E. E. New categories as objective reasons for the appearance of gaps in Russian law and the law of foreign countries (on the example of “green” economy and “green” finance) // Gaps in law in the context of digitalization. Collection of scientific papers. – M.: Infotropic Media LLC, 2022. – P. 139-152.
5. Ermakova E. P., Frolova E. E. Using artificial intelligence in dispute resolution // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 131-142.
6. Rusakova E. P., Frolova E. E. Procedural standards for civil proceedings in China’s internet courts // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 187-192.
7. Ulam, Stanislaw. Tribute to John von Neumann // Bulletin of the American Mathematical Society. – 1958. – Vol. 64. – No. 3. – Part 2. – P. 1-49.
CIVIL LAW
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
THE IMPACT OF DIGITAL TECHNOLOGY ON DECISION MAKING IN CIVIL PROCESS
The development of information technologies inevitably leads to their introduction into all spheres of society, including the judicial system of the Russian Federation, which, of course, increases the level of citizens’ access to justice, improves its quality and at the same time reduces the time for considering cases in court.
To date, information technology is widely used by courts in aspects of many of activities, including for the implementation of procedural actions by the court and participants in the process. Moreover, every day technologies and information systems become an integral part of the judicial process – the environment for the participants in the proceedings.
This work is intended to assess the factors that take place when the courts use the possibility of holding a court session through the use of a web conference and potentially influencing decision-making in the civil process, as well as the admissibility of their existence and compliance with the basic principles of justice.
Keywords: digital transformation, digitalization, law, technologies, digital technologies, inner conviction, judicial discretion.
Work bibliographic list
1. Bazyma B. A. Psychology of color: theory and practice [monograph]. – St. Petersburg, Rech, 2007. – 204 p.
2. Burdina E. V. Electronic justice: monograph / Ed. E. V. Burdina; S. V. Zueva. – M., RGUP, 2021. – 344 p.
3. Vlasova G. B., Khaninova B. L. Psychological aspects of the rules of conduct in professional judicial activity // Eurasian Scientific Journal. – 2016. – No. 6. – S. 201-204.
4. Strogovich M. S. The course of the Soviet criminal process. – M., 1968. – T. 1. – 470 p.
5. Tikhiy A. V. Judicial discretion as the basis for the formation of internal conviction // Vestnik SGUA. – 2019. – No. 6 (131). – S. 218-225.
6. Chaldini R. Psychology of influence. 5th ed., revised. and additional – St. Petersburg, 2020. – 480 p.
7. Kendon A. Some functions of gaze direction in social interaction // Acta Psychologica. – 1967. – No. 26 (1). – P. 22-63.
8. Oppenheimer, Daniel M. and Meyvis, Tom and Davidenko, Nicolas. Instructional Manipulation Checks: Detecting Satisficing to Increase Statistical Power // Journal of Experimental Social Psychology. – 2009. – Vol. 45. – P. 867-872.
9. Sela, Ayelet. E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts // Journal of Dispute Resolution. – 2019. – P. 127-163.
CIVIL LAW
PROSKURINA Darya Sergeevna
magister student of the Institute of Law of the Peoples’ Friendship University of Russia
PROBLEMS AND PROSPECTS FOR THE USE OF ELECTRONIC (DIGITAL) EVIDENCE IN СASES ON THE PROTECTION OF EXCLUSIVE RIGHTS TO INTELLECTUAL PROPERTY OBJECTS
In the era of comprehensive digital changes, electronic evidence is becoming an integral part of arbitration proceedings, often acting as the only possible means of proof. The practice of considering electronic evidence in Russia is a chaotic mass of discussions and decisions of law enforcement agencies, which are largely contradictory. To create a model of arbitration proceedings that will meet the existing realities of a transforming society, it is necessary to conduct a study of the practice of considering electronic evidence by judicial authorities in order to disclose their legal nature, identify their relationship with related legal categories , establish the main types, as well as formulate proposals aimed at improving current procedural law.
Keywords: electronic evidence, arbitration proceedings, archival copies, electronic correspondence, screenshot, admissibility, reliability, intellectual property.
Work bibliographic list
1. Artebyakina N.A. The protocol of the notary’s inspection of the Internet page as a means of providing evidence in civil proceedings // Bulletin of the civil process. – 2019. – No. 1. – P. 278.
2. Bonner A.T. Traditional and non-traditional means of proof in civil and arbitration proceedings. monograph. – M., 2015. – S. 479.
3. Boriskina N. I. Procedural form of evidence in modern civil proceedings: Dis. … Candidate of Legal Sciences: – M .: 12.00.15, Moscow State University named after M.V. Lomonosov, 2020. – P. 60.
4. Vershinin A. P. Electronic document: legal form and evidence in court. – M.: Gorodets, 2000. – S. 106.
5. Reshetnikova I.V., Semenova A.V., Tsaregorodtseva E.A. ed. I. V. Reshetnikova. – M.: Norma, 2006. – S. 130.
6. Kupchina E. V. Legal regulation of the provision of digital evidence in international commercial arbitration // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2021. – T. 16. – No. 3. – P. 89.
7. Molchanov VV Evidence and evidence // Arbitration process: Textbook. Ed. M. K. Treushnikova. – M., 1997. – S.155-156.
8. Nakhova E. A. Problems of application of electronic evidence in the civil process and administrative proceedings // Law. – 2018. – No. 4. – P. 85.
9. Savelyev A. I. E-commerce in Russia and abroad: legal regulation. 2nd ed. – M.: Statute, 2016. – S. 293.
10.St. Claire v. Johnny’s Oyster & Shrimp Inc. United States District Court, S.D. – Texas, Galveston Division. December 17, 1999
CIVIL LAW
ARGASHOKOV Ruslan Yurjevich
postgraduate student of the Institute of Public Administration and Management of the RANEPA under the President of the Russian Federation
CIVIL LAW MEANS OF ENSURING THE SECURITY OF ECONOMIC ENTITIES
Civil legislation presupposes the creation of conditions that ensure the achievement of the goals of entrepreneurial activity by regulating the relevant legal institutions. The article deals with individual civil law means of ensuring the security of economic entities, as well as issues of their correlation and functional purpose. Special attention is paid to the freedom of contract, ways to ensure the fulfillment of obligations, liability for breach of obligations.
Keywords: security, entrepreneurial activity, civil law means, freedom of contract, enforcement of obligations.
Work bibliographic list
1. Damaskin O. V. Legal security of economic entities // Modern law. – 2019. – No. 5. – S. 20-29.
2. Chegovadze L. A. Contract as a basis for civil law regulation // Power of Law. – 2015. – N 4.
3. Andreev Yu. N. Agreement in the civil law of Russia: a comparative legal study: Monograph. – M.: INFRA-M, 2017.
4. Rogova Yu. V. Dogovor as a means of ensuring the stability of civil circulation. – M.: Statute, 2015.
5. Karapetov A. G., Saveliev A. I. Freedom of contract and its limits: In 2 vols. T. 2: Limits of freedom to determine the terms of a contract in foreign and Russian law. – M.: Statute, 2012.
6. Strigunova D. P. The principle of freedom of contract: Russian and foreign experience // Civil law.
– 2018. – No. 3. – P. 10-13.
7. Sapun V. A. Theory of legal means and the mechanism for the implementation of law: dis. Dr. jurid. Sciences. – N. Nov-
city, 2002.
8. Karapetov A. G. Penalty as a means of protecting the creditor’s rights in Russian and foreign law.
– M.: Statute, 2005.
9. Torkin D. A. Unnamed ways to ensure obligations: Dis. cand. legal Sciences. – Tyumen,
2005.
CIVIL LAW
DROBYSHEVA Aleksandra Valerjevna
postgraduate student of the Institute of Public Service and Management of the RANEPA under the President of the Russian Federation
THE MECHANISM FOR IMPLEMENTING THE NATIONAL CODE OF ETHICS FOR ARTIFICIAL INTELLIGENCE: BRIEFLY ABOUT THE MAIN THING OR A YEAR LATER
Artificial intelligence (hereinafter referred to as AI) is one of the most important elements of the beginning of the fourth industrial revolution. Its rapid development and spreading use in practice certainly requires “legal cutting”. However, the introduction of strict rules and regulations may put a dampening pressure on the development of AI technologies. Among the main solutions may be the norms of soft law (soft law), which, as a rule, are expressed in the creation of “regulatory sandboxes”, the establishment of procedures for simplified testing of new technologies, as well as in the adoption of ethical principles. In this article, the author discusses how necessary a code of ethics is as a form of regulation of relations that are emerging in the era of digitalization, and also considers the experience of foreign countries in establishing an ethical “framework” for AI. The author’s work is based on an analysis of the positive and negative features of the national code of ethics for AI, signed on 10.26.2021.
Keywords: ethics, artificial intelligence, technology, digitalization, ethical standards, standard of conduct, legal regulation.
Work bibliographic list
1. Mazhey Ya. V., Svishchev A. V. Ethics of artificial intelligence // E-Scio. – 2020. – No. 11 (62). – S. 460-468.
2. Main trends in the development of the digital economy in the financial sector. Legal aspects of regulation and practical application. – M.: Publication of the State Duma, 2019. – 161 p.
3. Popova A. V. “Ethical principles of interaction with artificial intelligence as the basis of legal regulation” // Legal state: theory and practice. – 2020. – No. 3 (61). – P. 34-43.
4. Ethics and digital: from problems to solutions // Ed. Potapova E. G., Shklyaruk M. S. – M.: RANEPA, 2021. – 184 p.
CIVIL LAW
KOSTIN Andrey Vasiljevich
student of the 1st course of the Institute of Law of the Tomsk State University
INVALIDITY OF A TRANSACTION MADE FOR A PURPOSE CONTRARY TO THE RULE OF LAW OR MORALITY
Since the appearance of Article 169 of the Civil Code, it has in fact been blocked for many years due to the fact that the consequences of invalidating an anti-social transaction included the seizure of everything received or read into the possession of the state. This deprive Article 169 of the Civil Code of the Russian Federation of the development that law enforcement might have caused. In 2013, the rule of Article 169 of the Civil Code was amended and there was a need for doctrinal development and judicial clarification of the rule of Article 169 of the Civil Code in order to bring it into active use. In this connection, the question of the relevance of transactions made for purposes contrary to the rule of law or morality is relevant, since domestic law has not yet come to a definitive and unified approach to the understanding of such transactions, and judicial explanations partly repeat outdated provisions which cannot currently be applied to the rule of Article 169 of the Civil Code.
Keywords: antisocial transaction, invalid transaction, morality and the rule of law.
Work bibliographic list
1. Belov V. A. Civil law. T. 2. General part. Book 2. Facts: A textbook for academic undergraduate and graduate studies. – M.: Yurayt, 2016.
2. Gongalo B. M. Categories of science of civil law. Vol. 1 / Introductory article by O. A. Krasavchikov. – M.: Statute, 2005.
3. Russian civil law: Textbook. T. 1. General part. Property law. Inheritance law. Intellectual rights. Personal non-property rights / Otv. ed. E. A. Sukhanov. – M.: Statute, 2011.
4. Transactions, representation, limitation period: article-by-article commentary on articles 153–208 of the Civil Code of the Russian Federation / Responsible. ed. A. G. Karapetov. – M.: M-Logos, 2018.
5. Enneccerus L. The course of German civil law. T. 1. Paul. T. 2. Introduction and general part / Per. I. B. Novitsky, G. N. Polyansky, V. A. Altshuler. – M .: Publishing house of foreign literature, 1950.
CIVIL LAW
TELIBEKOVA Damira Bakytbekovna
postgraduate student of the Faculty of Law of the Financial University under the Government of the Russian Federation
ON THE CONVERTIBLE LOAN AGREEMENT IN THE RUSSIAN CIVIL DOCTRINE
The article examines the historical prerequisites for the formation of the institution of the convertible loan agreement, originating from the loan agreement. In this connection, there was a need to study the development of the legal doctrine of the loan agreement. The author has studied the history of legal thought since ancient times, scientific views on the loan agreement, as well as the formation of its legal regulation. The article presents the development of legal regulation of legal relations arising at the conclusion of a convertible loan agreement. The author relied on the works of Russian and modern Russian civilists, as well as on the norms of civil legislation.
Keywords: loan institution, convertible loan agreement, loan agreement, agreement, lender, borrower.
Work bibliographic list
1. Zagorovsky A. I. Historical sketch of the loan under Russian law until the end of the XIII century. – Kyiv, 1875. – 316 p.
2. Meyer D.I. Russian civil law: in 2 hours, 8th ed. correct and additional 1902. Part 2. – M., 1997. – 435 p.
3. Novitsky I. B. Roman law: a textbook for secondary vocational education. – Moscow: Yurayt Publishing House, 2022. – 298 p.
4. Tyutryumov I. M. Civil laws with clarifications from the Governing Senate and comments by Russian lawyers. Book 2. – M .: Statute, 2004.
5. Shershenevich G. F. Favorites. T. 5: Textbook of Russian civil law / Entry. word, comp.: P. V. Krasheninnikov. – M.: Statute, 2017.
6. Karapetov A. G., Saveliev A. I. Freedom of contract and its limits. – M., 2012. V. 2: Limits of freedom to determine the terms of the contract in foreign and Russian law. – S. 79.
7. Klyuchevsky V. O. Russian history. Full course of lectures in 3 books. Book one. – M.: Thought, 1995. – S. 427.
8. Rovny VV, Haskelberg BL Consensual and real contracts in civil law. 2nd ed. – M.: Statute, 2004. – 124 p.
9. Arslanov K. M. On the bilaterally binding nature of the loan agreement. scientific-practical. conf. – Perm, 2016. – P. 87.
10. Vishnevsky P. N. Legal regulation of an international loan agreement: author. dis. … cand. legal Sciences: 12.00.03. – M., 2015. – S. 12-13.
11. Code of Laws of the Russian Empire. Sobr. first. – St. Petersburg, 1832. – T. 10. Part 1.
12. Civil code. Book five. Commitments. Draft Highest Established Editorial Commission for the preparation of the Civil Code. Vol. 2 with explanations.
13. Shershenevich G. F. Textbook of Russian civil law. – M .: Publishing house “Spark”, 1995. – S. 319.
14. Civil Code of the RSFSR 1922 – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901808921.
15. Vavin N. G. Loan agreement under the Civil Code: a dogmatic essay with the application of relevant legislative material. – M., 1923. – S. 3.
16. Civil Code of the RSFSR (approved by the Supreme Council of the RSFSR on 06/11/1964) (as amended on 11/26/2001).
17. Civil Code of the Russian Federation. November 30, 1994 No. 51-FZ.
18. Federal Law of July 2, 2021 No. 354-F3 “On Amendments to Certain Legislative Acts of the Russian Federation” // SPS “ConsultantPlus”.
19. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University. – 2021. – No. 11 (87).
20. Porsyurov E. A., Tatarinova E. P. Convertible loan agreement: advantages and disadvantages // Property relations in the Russian Federation. – 2020. – No. 2 (221). – S. 86-91.
21. Bogdanov A. V. Legal regulation of a convertible loan agreement in corporate relations // Ex Jure. – 2022. – No. 2. – S. 64-75.
22. Tyakhti V. E. Convertible loan agreement and its relationship with financial transactions // Issues of Russian justice. – 2021. – No. 16.
23. Solovieva E. N. Convertible loan agreement in notarial practice: problems and prospects // Legal science. – 2021. – No. 11.
CIVIL PROCESS
ISAEV Gadzhiyusup Ullubievich
magister student of Civil process sub-faculty of the Institute of Law of the Dagestan State University
MAGOMEDOVA Karina Kamiljevna
Ph.D. in Law, associate professor of Civil process sub-faculty of the Institute of Law of the Dagestan State University
SOME ISSUES OF DETERMINING THE JURISDICTION OF INDIVIDUAL LABOR DISPUTES
This article presents an analysis of the problems arising in determining the jurisdiction of individual labor disputes. As a result of the analysis of the norms of civil and arbitration procedural law, as well as law enforcement practice, the authors came to the conclusion that there are conflicts in the current legislation that have a negative impact on the state of guarantee and protection of the rights of the weakest side of labor disputes – employees.
Keywords: civil procedure, arbitration process, individual labor dispute, jurisdiction, conflicts.
Work bibliographic list
1. Pirozhkova I. G., Popov A. M. Modern and historical quasi-judicialth institutions in the system of judicial jurisdictions // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (52). – S. 18-19.
2. Osipov Yu. K. Jurisdiction of legal affairs // Russian yearbook of civil and arbitration proceedings. 2004. – St. Petersburg: Ed. House St. Petersburg. state un-ta, 2005, No. 3. – S. 721.
3. Nuyazin A. N. Jurisdiction of the Constitutional Court of the Russian Federation: concept, structure, content: author. dis. … cand. legal sciences; Kazan. state un-t im. V. I. Ulyanov-Lenin. – Kazan, 2004. – P. 12.
4. Treushnikov M. K. Civil process: a textbook for universities. 5th ed. – M.: Statut, 2014. – P. 85.
5. Gavrilov D. A., Petukhov S. V. Modernization of institutions of jurisdiction and jurisdiction in civil and arbitration proceedings // State and Law: Materials of the 56th International Scientific Student Conference, 2018. – P. 296.
6. Rick O. E. Correlation between the concepts of “jurisdiction”, “jurisdiction”, “competence” of courts: legislative novelties // Actual issues of the judiciary and reforming procedural legislation. – 2019. – P. 65.
7. Alieva Z. Z., Gadzhialieva N. Sh. Novelization of the institution of jurisdiction in civil proceedings // Public service and personnel. – 2020. – No. 5. – P. 70.
8. Gadzhialieva N. Sh. Expansion of the rules of jurisdiction in civil proceedings // Bulletin of the Dagestan State University. – 2020. – No. 4. – P. 105.
9. Vashechkina A. V. On certain issues of jurisdiction and jurisdiction of cases arising from individual labor disputes // In the collection: Problems of legal proceedings in cases arising from civil and administrative legal relations. Collection of articles based on the materials of the international scientific-practical conference. – 2017. – S. 120-126.
10. Ovchenkova M. K. Some issues related to the determination of the jurisdiction of individual labor disputes // Issues of Russian justice. – 2020. – No. 6. – P. 560-576.
BUSINESS LAW
CHUBAROVA Anna Sergeevna
postgraduate student of Legal support of economic activity sub-faculty of the Samara State Economic University
THE LEGAL NATURE AND MAIN TYPES OF BUSINESS CONTRACTS
The article analyzes the legal nature of business contracts in the domestic legislation. The prerequisites for the development and formation of the structure of business contracts are considered. Various approaches to defining the essence of business contracts and determining their place in the system of civil law contracts in the Russian legal system are investigated. The solutions necessary for the formation of the main provisions relating to the state regulation of business contracts are proposed.
Keywords: entrepreneurial contracts, contractual relations, entrepreneurial obligations, special legal regulation.
Work bibliographic list
1. Belykh V. S., Zvezdina T. M. The concept of small and medium-sized businesses in the science of business law // Entrepreneurial Law. – 2020. – No. 2. – C. 6-8.
2. Zankovsky S. S. Entrepreneurial contracts: concept and problems // Economics. Right. Society. – 2019. – No. 3 (7). – S. 65-70.
3. Ilyushina MN The concept, signs and place of business contracts in the system of civil law contracts // Laws of Russia: experience, analysis, practice. – 2019. – No. 1. – P. 4-9.
4. Filippova O. A. The concept of an entrepreneurial contract // Young scientist. – 2020. – No. 5 (295). – S. 236-238.
5. Yakovlev VF The concept of a business contract in Russian law // Journal of Russian law. – 2019. – No. 1 (133). – P. 5-8.
FINANCIAL RIGHT
KOLOVAYLO Svetlana Aleksandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
KRAVCHENKO Natalya Alexandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
STATE FINANCIAL CONTROL IN THE CONTEXT OF DIGITAL TRANSFORMATION
The current stage of development of public relations is characterized by the active introduction of digital technologies in all spheres of public life, which will predetermine the need to improve the mechanism of state financial control, which will reduce the administrative burden on business entities, improve the quality of public services provided to citizens and business entities and the collection of revenues to budgets of all levels, ensure transparency of the budget process, as well as spending budget funds, etc. In the article, based on the analysis of the legal regulation of the implementation of state financial control in Russia in the context of digital transformation, some proposals are formulated to improve the current legislation, as well as to increase its effectiveness and efficiency.
Keywords: state financial control, digital transformation, tax control, procurement control, information systems, electronic budget.
Work bibliographic list
1. Ablyakimova E.E., Bondarchuk I.V., Buts S.B. [and etc.]. Actual problems of administrative law. – Simferopol: Limited Liability Company “Publishing House Typography “Arial”, 2022. – 267 p.
2. Anisimov A.L. Informatization of activities in the field of financial control: a course of lectures; Ministry of Science and Higher. education Ros. Federation, Ural. state economy un-t. – Yekaterinburg: Ural Publishing House. state economy un-ta, 2020.
3. Zapolsky S.V. On the legal nature of financial control // Financial control in the field of public and private finance: Proceedings of the International Scientific and Practical Conference. Moscow, November 25, 2016 / Ed. I.A. Tsindeliani. – M.: RGUP, 2017.
4. Ovcharova E.V. Ways to ensure the effectiveness of administrative coercion in the mechanism of legal regulation of taxation and fees // Administrative law and process. – 2019. – No. 12. – S. 19-28.
5. Tsindeliani I.A. Improving tax control in the context of digitalization // Law enforcement / I.A. Tsindeliani, T.A. Guseva, A.V. Izotov. – 2022. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-nalogovogo-kontrolya-v-usloviyah-tsifrovizatsii (date of access: 09/26/2022).
FINANCIAL RIGHT
KRAVCHENKO Natalya Alexandrovna
Ph.D. in economical sciences, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
VLASENKO Valentina Sergeevna
magister student of the Crimean branch of the Russian State University of Justice
PROBLEMS OF APPLICATION OF THE LIMITS OF TAX BENEFIT UNDER ARTICLE 54.1 OF THE TAX CODE OF THE RUSSIAN FEDERATION
The article analyzes the provisions of Article 54.1 of the Tax Code of the Russian Federation in terms of the effectiveness of its application and the legal justification for its implementation in the practice of tax control. The features of the legal liability of taxpayers in the course of their economic activity, which can be considered as obtaining unreasonable benefits and tax optimization, are determined. Based on the analysis of judicial practice, the authors come to the conclusion that in cases of revealing the facts of obtaining unjustified benefits, the tax authorities are far from always able to provide sufficient evidence of the receipt of unjustified benefits by the taxpayer. The authors propose to fix in Art. 54.1 of the Tax Code of the Russian Federation, the criteria for recognizing a taxpayer as bona fide by determining the conditions for recognizing a tax benefit as unreasonable.
Keywords: unjustified tax benefit, tax liability, tax control, liability for tax offenses.
Work bibliographic list
1. Ablyakimova E. E., Bondarchuk I. V., Buts S. B. [et al.]. Actual problems of administrative law. – Simferopol: Limited Liability Company “Publishing house Typography “Arial”, 2022. – P. 278-285.
2. Sibiryakov S. V. Analysis of the tax burden of an organization with the aim of optimizing it // Kaluga Economic Bulletin. – 2019. – No. 4. – P. 37-42.
FINANCIAL RIGHT
TREGUBOVA Ekaterina Anatoljevna
lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
POPOVA Liliya Nailovna
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
COMPENSATION OF LOSSES ON THE EXAMINATION BY THE INSTITUTIONS OF THE CRIMINAL ENFORCEMENT SYSTEM
The article considers the issue of the need to pay for an examination to prove the delivered low-quality goods by the rear service of the penal enforcement system. As a result of the court’s satisfaction of the claim, the amount spent is transferred by the Treasury of the Russian Federation to the federal budget. The article analyzes the current practical situation of payment for the examination and possible ways of resolution, starting from treasury support and the need to make amendments to the legislation.
Keywords: examination production, expenses, reimbursement of expenses of the Federal Penitentiary Service of Russia, restoration of the cash register, low-quality goods, payment for examination production, state contract.
Work bibliographic list
1. Decree of the Plenum of the Supreme Court of the Russian Federation No. 13 dated May 28, 2019 On some issues of the application by the courts of the norms of the Budget Code of the Russian Federation related to the execution of judicial acts on foreclosure of funds from the budgets of the budget system of the Russian Federation. [Electronic resource]. – Access mode: SPS “Garant” (date of access: 20.04.2022).
2. Federal Law “On State and Municipal Unitary Enterprises” dated November 14, 2002 No. 161-FZ (last edition). [Electronic resource]. – Access mode: SPS “Garant” (date of access: 20.04.2022).
TAX LAW
BEREZINA Yaroslava Igorevna
cadet of the 4th course of the Faculty of Law of the Samara Law Institute of the FPS of Russia
UNTEROV Vladimir Anatoljevich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, lieutenant colonel of the internal service
LUXURY TAX: SOME ASPECTS OF FOREIGN EXPERIENCE AND OPPORTUNITIES APPLICATIONS IN RUSSIA
The article discusses the problems arising during the introduction of the luxury tax in Russia. The analysis of foreign and domestic experience of luxury taxation is carried out, as well as measures are proposed to eliminate shortcomings in the current legislation and increase the level of social security in the Russian Federation.
Keywords: luxury tax, transport tax, social security.
Work bibliographic list
1. Taxes in Norway / Site about Norway. [Electronic resource]. – Access mode: http://www.pronorge.com/node/27 (date of access: 09/13/2022).
2. Site of distance education – MOODLE KNRTU (KHTI). [Electronic resource]. – Access mode: https://moodle.kstu.ru/mod/book/view.php?id=102350 (date of access: 09/13/2022).
3. “Tax Code of the Russian Federation” (part one) dated July 31, 1998 No. 146-FZ – The official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru/ (date of access: 09/13/2022).
4. Official website of the Federal Tax Service. [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn17/news/activities_fts/8880829/ (date of access: 09/13/2022).
TAX LAW
IZVEKOV Stanislav Sergeevich
Ph.D. in Law, associated professor of Financial law sub-faculty of the V. F. Yakovlev Ural State Law University
PROSPECTS FOR THE FULFILLMENT OF CURRENT TAX OBLIGATIONS IN BANKRUPTCY
This article discusses topical issues of payment by organizations (recognized as bankrupt) of current VAT and corporate income tax. The paper analyzes the practice of applying tax legislation to organizations (recognized as bankrupt). The author demonstrates that the current regulatory exclusion of sales transactions from the object of VAT taxation in bankruptcy procedures has led to the formation of a new practice of submitting VAT claims to bankrupt organizations. The articles considers an example of granting priority for current VAT payments even in comparison with the requirements of collateral creditors.
Keywords: the value added tax (VAT), corporate income tax, bankruptcy.
Work bibliographic list
1. Tax Code of the Russian Federation (Part One)” of July 31, 1998 No. 146-FZ.
2. Tax Code of the Russian Federation (part two) dated 05.08.2000 No. 117-FZ // SZ RF. – 08/07/2000. – No. 32. – Art. 3340.
3. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on March 9, 2021) // SZ RF. – 05.12.1994. – No. 32. – Art. 3301.
4. On insolvency (bankruptcy): Federal Law of October 26, 2002 No. 127-FZ (as amended on December 30, 2020) // SZ RF. – 28.10.2002. – No. 43. – Art. 4190.
5. Federal Law No. 320-FZ of October 15, 2020 “On Amendments to Article 146 of Part Two of the Tax Code of the Russian Federation and Article 2 of the Federal Law “On Amendments to Part Two of the Tax Code of the Russian Federation” // Official Internet Portal of Legal Information . [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 10/15/2020.
6. Decree of the Constitutional Court of the Russian Federation dated December 19, 2019 No. 41-P “On the case of checking the constitutionality of subparagraph 15 of paragraph 2 of Article 146 of the Tax Code of the Russian Federation in connection with the request of the Arbitration Court of the Central District”;
7. Ruling of the Supreme Court of the Russian Federation No. 303-ES19-10320(2.4) dated February 11, 2020 in case No. A51-17152/2017// The document was not published. SPS ConsultantPlus, 2022.
8. Ruling of the Supreme Court of the Russian Federation of January 21, 2019 No. 306-ES18-18388 in case No. A55-5737/2016// The document was not published. SPS ConsultantPlus, 2022.
9. Determination of the Supreme Court of the Russian Federation of November 22, 2021 No. 305-ES21-20475 in case No. A40-143252/2020 // The document was not published. SPS ConsultantPlus, 2022.
10. Ruling of the Supreme Court of the Russian Federation of June 9, 2022 No. 307-ES17-5078(12) in case No. A05-3604/2014 // The document was not published. SPS ConsultantPlus, 2022.
11. Ruling of the Supreme Court of the Russian Federation dated July 25, 2022 No. 306-ES22-11564 in case No. A12-38833/2018 // The document was not published. SPS ConsultantPlus, 2022.
12. Letter of the Ministry of Finance of Russia dated June 5, 2018 No. 03-07-11/38251 // The document was not published. SPS ConsultantPlus, 2022.
13. Letter of the Ministry of Finance of Russia dated April 29, 2022 No. 03-07-11/40611// The document was not published. SPS ConsultantPlus, 2022.
14. Letter of the Ministry of Finance of Russia dated March 4, 2022 No. 03-07-11/15694// The document was not published. SPS ConsultantPlus, 2022.
15. Letter of the Ministry of Finance of Russia dated March 16, 2021 No. 03-07-11/18337 // The document was not published. SPS ConsultantPlus, 2022.
16. Letter of the Ministry of Finance of Russia dated October 31, 2016 No. 03-07-14/63453 // The document was not published. SPS ConsultantPlus, 2022.
17. Letter of the Ministry of Finance of Russia dated June 20, 2018 No. 03-07-11/42118 // The document was not published. SPS ConsultantPlus, 2022.
18. Letter of the Ministry of Finance of Russia dated December 21, 2017 No. 03-07-11/85421 // The document was not published. SPS ConsultantPlus, 2022.
19. Letter of the Ministry of Finance of Russia dated November 13, 2019 No. 03-11-11/87539 // The document was not published. SPS ConsultantPlus, 2022.
20. Letter of the Ministry of Finance of Russia dated July 19, 2022 No. 03-03-06/1/69565 // The document was not published. SPS ConsultantPlus, 2022.
21. Letter of the Federal Tax Service of Russia dated June 17, 2021 No. SD-4-3/8474@ // The document was not published. SPS ConsultantPlus, 2022.
22. Letter of the Federal Tax Service of Russia dated November 8, 2016 No. SD-4-3/21121@ // The document was not published. SPS ConsultantPlus, 2022.
23. Order of the Ministry of Finance of the Russian Federation dated May 20, 2003 No. 44n “On Approval of Guidelines for the Formation of Accounting Statements in the Reorganization of Organizations” // Bulletin of Normative Acts of Federal Executive Authorities. – 2003. – No. 40.
24. Veselov A. V. Comment to the Letter of the Ministry of Finance of the Russian Federation dated March 4, 2022 No. 03-07-11 / 15694 [On the restoration of VAT by a bankrupt] // Normative acts for an accountant. – 2022. – No. 8. – S. 19-20.
25. Izvekov S. S. On the recognition of operations for the performance of work and the provision of services in the event of bankruptcy of a taxpayer as an object of VAT taxation // Taxes and Taxation. – 2017. – No. 8. – P.15-26.
26. Izvekov S. S. Novels of legislation and judicial practice on the fulfillment of current tax obligations in case of bankruptcy // Eurasian Law Journal. – 2021. – No. 5 (156). pp.271-274. DOI 10.46320/2073-4506-2021-5-156-271-274.
27. Lugovaya N. N. “Bankrupt” VAT: a review of letters from the Ministry of Finance // VAT: problems and solutions. – 2021. – No. 6. – P. 30-33.
28. Commentary by Kirill Nogotkov, Chairman of the Council of the AAU “Sirius”. [Electronic resource]. – Access mode: https://probankrotstvo.ru/news/minfin-obiazal-bankrotov-platit-nalog-na-pribyl-so-spisannyx-dolgov-554) (date of access: 10/29/2022).
29. Message on the Fedresurs information portal 10/21/2022 // “German Gref proposes to limit the treasury’s appetite for bankruptcies of legal entities by removing the sale of assets from income tax.” [Electronic resource]. – Access mode: https://fedresurs.ru/news/d4e387d6-1708-4201-9ac5-d7ec71880e69) (date of access: 10/29/2022).
30. Resolution of the Arbitration Court of the North-Western District dated November 1, 2021 No. F07-11445/2021 in case No. A05-3604/2014 // The document was not published. SPS ConsultantPlus, 2022.
31. Resolution of the Arbitration Court of the Moscow District dated September 27, 2021 No. F05-4064/2018 in case No. A40-157934/2016 // The document was not published. SPS ConsultantPlus, 2022.
32. Resolution of the Arbitration Court of the Far Eastern District dated October 21, 2019 No. F03-4401/2019 in case No. A51-17152/2017 // The document was not published. SPS ConsultantPlus, 2022.
BUDGET LAW
POLYAKOVA Svetlana Andreevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
ON PART IV OF THE BUDGET CODE OF THE RUSSIAN FEDERATION: SOME ASPECTS
The article is dedicated to the study of the Institute of Budgetary Violations. In it, the author, analyzing the norms of part IV of the Budget Code of the Russian Federation, comes to the conclusion that it is somewhat imperfect in terms of the subjects of budgetary violations, the composition of budgetary violations, as well as budgetary coercive measures used for their commission.
The author formulates proposals aimed at improving the current budget legislation of the Russian Federation, the adoption of which will contribute to its more effective use in the practical activities of bodies authorized to consider cases of budgetary violations.
Keywords: budget violation, Budget Code of the Russian Federation, budgetary coercion measures, law enforcement, subjects of budget violations, legislator, participants in the budget process, law, part, article, norm.
Work bibliographic list
1. Polyakova S. A. Financial and legal responsibility for violation of the budget legislation of the Russian Federation: monograph. – Khabarovsk: RIO FYUI of the Ministry of Internal Affairs of Russia, 2022.
ENVIRONMENTAL LAW
ABRAVITOVA Yuliya Igorevna
Ph.D. in Law, associate professor of the S. O. Makarov State University of Marine and River Fleet
LIPSKIY Nikolay Alekseevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg University
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg University
ENVIRONMENTAL EXPERTISE IN THE SYSTEM OF ENVIRONMENTAL SAFETY MEASURES
The article considers the Institute of Ecological Expertise. It is noted that the environmental legislation has a presumption of potential environmental hazard of the planned economic activity, and the “acceptability” of the hazard for society is established through the environmental review procedure. The goals and process of ecological expertise are considered, the problems of training environmental experts are briefly analyzed. The authors believe that environmental expertise is a basic preventive measure in the system of measures to ensure environmental safety. The education and training of environmental experts involves broad interdisciplinary knowledge and an emphasis on the practical component of education.
Keywords: environment, environmental assessment, environmental expert, environmental safety, environmental responsibility, environmentally sustainable development, social
Work bibliographic list
1. Burmatova O. P. Ecological expertise: opportunities, problems, solutions // Bulletin of NSUEU. – 2020. – No. 2. – S. 25-41. – DOI: 10.34020/2073-6495-2020-2-025-041.
2. Komogortseva A. V. Ecological expertise as a tool for ensuring environmental safety // Epomen. – 2021. – No. 65. – P. 159-164.
3. Kotilko V.V. Russia’s Ecological Security Strategy: Myths and Reality // Economic Consultant. – 2017. – No. 2 (18). – S. 31-36.
4. O. V. Kudryavtseva, S. N. Bobylev, and I. A. Grechukhina, Russlands Potenzial für eine ökologische Modernisierung, Russland-Analysen. – AUSGABE 344 (11/17/2017). – DOI: 10.31205/RA.344.01.
5. List of instructions following the meeting of the State Council on the issue of “On the environmental development of the Russian Federation in the interests of future generations” // President of Russia. – [Electronic resource]. – Access mode: Official site. http://kremlin.ru/acts/assignments/orders/53775.
6. Ronzhina N. A. Ecological security of the Eurasian region as a complex object of customs and legal protection // Eurasian legal journal. – 2021. – No. 3 (154). – S. 133-136.
7. Ronzhina N. A., Khairusov D. S., Shubnikov Yu. B. The mechanism for resolving legal conflicts in public international law on the protection of the ozone layer of the atmosphere // Leningrad Journal of Law. – 2019. – No. 3 (57). – S. 164-171.
8. Safronova E. V. Ecological expertise. Legal regulation of ecological expertise // Ural Journal of Legal Research. – 2021. – No. 4 (17). – S. 58-67. DOI 10.34076/2658_512X_2021_4_58.
9. Solovieva S. V. Evaluation of ecosystem services for natural heritage management // State control. Electronic Bulletin. – 2018. – No. 69. – P. 341-357. DOI:10.24411/2070-1381-2018-00070.
10. Khairusov D.S., Levintsa T.M. Methods of active learning in higher military school // Dragomir Educational Readings: Sat. scientific Art. Based on the materials of the II International Scientific and Practical Conference, Penza, November 28-29, 2019 / Managing editor I. I. Grachev. Penza: Penza State University, 2019. – P. 132-136.
11. Goals of sustainable development in the Russian Federation. 2020: Brief stat. Sat. / Rosstat. – M., 2020. – 79 p.
CRIMINAL LAW
ALYSHEV Sergey Sergeevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BASIC BANDIT PREVENTION MEASURES
The article is devoted to the issues of state measures to prevent one of the most serious crimes of “banditry”. An analysis of the determinants of banditry, as well as research conducted by specialists, allows us to predetermine a number of preventive measures against banditry in the general system of preventive measures of crime at the present stage. The author provides a system for combating organized armed criminal groups.
Keywords: gang, banditry, prevention, criminology, preventive measures.
Work bibliographic list
1. Aliyev Kh. O., Shakhbanova Kh. M. Criminological characteristics of banditry // Eurasian legal journal. – 2015. – No. 2. – P. 194.
2. Kobets P. N., Krasnova K. A. Banditry prevention: criminal law and criminological aspects, 2021. – P. 6.
CRIMINAL LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KIDNAPPING: DEFINITION OF THE OBJECTIVE SIDE OF THE CRIME
The article deals with the issue of determining the objective side of the composition of kidnapping. Its absence from the law is critically assessed. The author analyzes the legality of the legislator’s use of the concept of “embezzlement”, which is mainly used in the characterization of crimes against property. It is pointed out that the emphasis in the definition of the content of the concept of “kidnapping” developed by judicial and investigative practice, first of all, is on keeping the abducted person (or his goal) in a place that is not familiar to this person. It is in this that the existence of a convention in the use of the category “abduction” in relation to a living person is reflected. It is concluded that in the structure of the objective side of the composition of this criminal act, the defining and most significant moments are the seizure (capture) of the victim, his removal from his location and transportation (relocation), which aims to subsequently hold the captured person in another place.
Keywords: kidnapping, objective side, capture, displacement, retention.
Work bibliographic list
1. Taranenko V. V., Kharitonov S. S., Reshnyak M. G., Borisov S. V. Actual problems of improving criminal law measures to counteract kidnapping, illegal imprisonment, human trafficking and the use of slave labor // All-Russian Criminological magazine. – 2020. – No. 3. – P. 481-494.
2. Popov A. N. Murder under aggravating circumstances. – St. Petersburg: Legal Center Press, 2003. – 898 p.
3. Avdeeva E. V. Determinants of crimes against personal freedom in the Russian Federation // All-Russian criminological journal. – 2013. – No. 2. – P. 146-154.
4. Dal V. I. Explanatory Dictionary. T. 3. – M.: Progress, 1994. – 576 p.
5. Ozhegov S. I. Explanatory dictionary of the Russian language. – M.: Azbukovnik, 2010. – 848 p.
6. Garmyshev Ya. V. Legal characteristics of criminal violence in crimes against property // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1 (23). – P. 36–43.
CRIMINAL LAW
IVANTSOVA Natalya Vladimirovna
Ph.D. in Law, professor, professor of Criminal law and process sub-faculty of the Mari State University
REFLECTION OF ISSUES OF NON-EXECUTION OF PUNISHMENTS IN THE GENERAL AND SPECIAL PARTS OF CRIMINAL LAW
In the article, taking into account various debatable issues presented in the theory of criminal law, the issues of the influence of the provisions of the General Part of the Criminal Code of the Russian Federation on its Special Part in establishing the criminality and punishability of socially dangerous acts associated with non-execution of punishment are examined. The author reveals the criminal-legal nature of non-execution of certain types of punishments. The paper draws attention to the violation of the system construction of the General and Special parts of criminal law on the issue of non-execution of criminal penalties.
Keywords: punishability, malicious evasion, crime, non-fulfillment, restriction of freedom, imprisonment.
Work bibliographic list
1. Beetlein A. V. Substitution of punishment in the criminal law of Russia: author. dis. … cand. legal Sciences. – Samara, 2002. – 21 p.
2. Nurmiev M. M. Substitute punishments under Russian criminal law: author. dis. … cand. legal Sciences. – Kazan, 2005. – 23 p.
3. Stepashin V. M. Substitute punishment // Law enforcement. – 2017. – T. 1. – No. 2. – S. 184-190.
4. Tagantsev N. S. Russian criminal law. Lectures: General part. T. 1. – M.: Nauka, 1994. – 380 p.
CRIMINAL LAW
KNYAZEVA Natalya Anatoljevna
Ph.D. in Law, associate professor of the School of Law of the Far Eastern Federal University
ABOYAN Agavni Armenakovna
magister student of the School of Law of the Far Eastern Federal University
PARIN Dmitry Vitaljevich
magister student of the School of Law of the Far Eastern Federal University
THE UNRESOLVED PROBLEM OF COMPLICITY: FROM THE TWISTS OF JUDICIAL PRACTICE TO THE DEVELOPMENT OF A COMPROMISE
The article considers the possibility of bringing to criminal liability a person for committing a crime as part of a group of persons, if along with him only a person who is not subject to criminal liability due to age, insanity or other circumstances provided for by criminal law participated in the commission of the act. The authors examine the materials of judicial practice of both the Supreme Court of Russia and lower courts on the topic considered in this article, note the lack of a uniform approach that is constantly changing over time. As a result of the study, a compromise approach to solving the problem of complicity with an “unfit” subject is proposed.
Keywords: criminal law, complicity, group of persons, unfit subject, insanity, limits of criminal liability, legal positions of the Supreme Court.
Work bibliographic list
1. Belov M.N. Theoretical and practical issues of the concept of “complicity” in criminal law // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – 2018. – No. 1.
2. Blagov E.V. On the signs of complicity in a crime // Actual issues of combating crimes. – 2017. – No. 3.
3. Bokhan A.P. Issues of qualifying rape (Article 131 of the Criminal Code of the Russian Federation) and violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation) // Criminal Law. – 2014. – No. 5.
4. Galiakbarov R.R. Qualification of multi-subject crimes without signs of complicity. – Khabarovsk, 1987.
5. Garbatovich D.A. Some issues of qualification of socially dangerous deeds of the insane // Bulletin of the South Ural State University. Series “Right”. – 2016. – T. 16. – No. 1.
6. Goremychkin I.E. Criminal legal norms on group crimes in the institution of complicity: dis. … cand. legal Sciences. – M., 2020.
7. Esakov G.A. Qualification of the joint commission of a crime with a person not subject to criminal liability: a new turn in judicial practice // Criminal Law. – 2011. – No. 2.
8. Klepitsky I.A. Participation of an insane person in committing a crime // Actual problems of Russian law. – 2022. – T. 17. – No. 2.
9. Knyazeva E.A. Qualification of violations of requirements in the field of transport security, taking into account the characteristics of the subjective signs of a crime under article 263.1 of the Criminal Code of the Russian Federation // Asia-Pacific Region: Economics, Politics, Law. – 2020. – No. 3.
10. Kovalev M.V. On the issue of qualification of an act committed with a person not subject to criminal liability // Bulletin of the Bryansk State University. – 2019. – No. 2.
11. Commentary on the Criminal Code of the Russian Federation: In 4 vols. T. 1. General part / otv. ed. V.M. Lebedev. – M., 2019.
12. Prozumentov L.M. Group crime: questions of theory and practice. – Tomsk, 2010.
13. Full course of criminal law: in 10 volumes. T. III. Criminal liability. Crime / E. Yu. Antonova [and others]; Ed. Dr. jurid. Sci., Prof., Honored Worker of Science of the Russian Federation AI Korobeev. – St. Petersburg, 2021.
14. Razogreeva A.M. Legal positions of the Supreme Court of the Russian Federation on the issue of qualification of crimes with “unsuitable” means: experience of discourse analysis // Law. Journal of the Higher School of Economics. – 2020. – No. 1.
15. Sablina M.A. We dispute the imputation of a group attribute in the absence of a second person subject to criminal liability // Advocate Practice. – 2016. – No. 4.
16. Shesler A.V. Perpetrator of the crime // Lex Russica. – 2016. – No. 11.
17. Yani P.S. Problems of understanding complicity in judicial practice // Legality. – 2013. – No. 8.
CRIMINAL LAW
LAYKOVA Elena Alexandrovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GUSHCHIN Kirill Alexandrovich
magister student of the 3rd course of the Institute of Law of the Irkutsk State University
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 Alexandrovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
WORLD EXPERIENCE IN COUNTERING DRUG TRAFFICKING AND THE POSSIBILITY OF ITS USE IN THE RUSSIAN FEDERATION
The article is devoted to the review of the experience of foreign countries in the field of countering illicit drug trafficking. In his article, the author examines in detail the issue of the formation of international wrestling and its current state. According to forecast data, the positive trends in the global drug situation that took place in the period from 2010 to 2025 will turn in the opposite direction. And only by about 2035, new methods of countering the spread of ATS will be developed, measures will be taken to adequately strengthen control over the legal turnover of precursors, defeat transnational corporations operating in this area, improve the global drug situation, while the level of consumption of ATS will remain at a fairly high level.
Keywords: crime prevention, international crime prevention, international fight against drug trafficking.
Work bibliographic list
1. Roller A. I. International legal regulation of the circulation of narcotic drugs, psychotropic substances and their precursors // Asia-Pacific Region: Economics, Politics, Law. – 2014. – T. 16. – No. 1-2. – S. 123-128.
2. Mavlyanov A. S. International fight against drug trafficking // Actual scientific research in the modern world. – 2019. – No. 3. – P. 119-123.
3. Bochko P.K. On cooperation between Iran and UNODC in the fight against drug trafficking // Bulletin of the Novosibirsk State University. Series: history, philology. – 2015. – No. 10. – P. 131-136.
4. Kolmakova Yu. V. International cooperation in the fight against drug trafficking // Strategic directions for combating crime at the national and transnational levels: a collection of proceedings of the conference. – 2019. – S. 338-342.
5. Polstovalov O. V. New-old guidelines for international cooperation in the fight against drug trafficking at the SCO site // Rule of Law: Problems of Understanding and Implementation: Collection of Articles of the International Scientific and Practical Conference Dedicated to the 10th Anniversary of the Journal “Rule of Law: Theory and Practice “. – 2018. – S. 84-88.
6. Sidorov D. A. The role and place of the Shanghai Cooperation Organization in the modern world: dis. … cand. legal Sciences. – M., 2011. – 146 p.
7. Laniel L. Drug in South Africa: business as usual. – [Electronic resource]. – Access mode: ttp://library.ua/m/articles/view/ (date of access: 08/10/2022).
8. Chugin V. African drug trafficking to Europe. – [Electronic resource]. – Access mode: http://www.rodon.org/polit081006135149 (date of access: 08/10/2022).
9. Kramnik I. Entrance ticket to Africa. – [Electronic resource]. – Access mode: https://lenta.ru/articles/2016/09/15/southafrica/ (date of access: 08/10/2022).
CRIMINAL LAW
KUZMIN Sergey Spiridonovich
senior lecturer of Criminal law sub-faculty of the Academy of the FPS of Russia
LAKEEV Alexey Anatoljevich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Academy of the FPS of Russia
LIMITATION OF THE CONVICT’S LEGITIMATE INTERESTS IN RUSSIAN CRIMINAL LAW
The article deals with issues related to the restriction of the legitimate interests of the convict, which is one of the elements of his criminal legal status. The restrictions existing in the criminal law and their grounds are analyzed. Some shortcomings of their legal regulation were revealed, proposals for elimination were made.
Keywords: convict, criminal law status of the convict, legitimate interests of the convict, restriction of legitimate interests, grounds for restriction.
Work bibliographic list
1. Lakeev A. A. Implementation of the criminal legal status of the convict // Proceedings of the Tula State University. – 2020. – No. 2. – P. 104-111.
2. Malko A. V. Incentives and restrictions in law. – M.: Jurist, 2003. – 250 p.
3. Panko KK Restrictions in criminal law and law enforcement // Legal technique. – 2018. – No. 12. – P. 50-53.
4. Kuzmin S. S. To the question of the system of stimulating norms in criminal law // Criminal liability and punishment. Collection of materials of the All-Russian scientific-practical conference dedicated to the memory of professors of the Department of Criminal Law of the Higher School of the Ministry of Internal Affairs of the USSR V. A. Eleonsky and N. A. Ogurtsov. Ed. V. F. Lapshina. – Ryazan, 2017. – S. 90-95.
CRIMINAL LAW
MAGOMEDOVA Jennet Kamilovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
FEATURES OF THE RELEASE OF MINORS FROM CRIMINAL PUNISHMENT
The article is dedicated to the peculiarities of the release of minors from criminal punishment. On the basis of the current criminal legislation, an analysis of the types of release from punishment with the use of coercive measures of educational influence, as well as with placement in a specialized educational institution, is given. In conclusion, based on all the results obtained, it was concluded that the special types of release of minors from punishment are: 1) the use of coercive measures of educational influence and 2) placement in a special educational institution of a closed type (Parts 1 and 2 of Article 92 of the Criminal Code of the Russian Federation).
Keywords: punishment, minors, release from punishment, features of release.
Work bibliographic list
1. Gavrilov S. T. Some issues of criminal liability of minors // Territory of science. – 2013. – No. 1. – P. 125-130.
2. Zagoryan S. G. Some issues of the application of measures of criminal responsibility for the commission of crimes by minors as part of organized groups // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2015. – No. 3. – P. 15-19.
3. Kankishev E. D. To the question of the competition of special types of release of minors from punishment and from criminal liability Penitentiary system today: interaction of science and practice // Proceedings of the scientific and practical conference. Managing editor: A. G. Antonov. – 2016. – S. 124-126.
4. Commentary on the Criminal Code of the Russian Federation (scientific and practical) / Ed. A. I. Chuchaeva. – M.: Prospekt, 2019. – P. 414.
5. Chudin N. M. Age assessment in the prevention of juvenile delinquency // Bulletin of the Perm University. Legal Sciences. – 2014. – No. 4. – P. 191-195.
CRIMINAL LAW
MANNA Ammar Abdul Karim
Ph.D. in Law, associate professor of Criminal law, criminal process and criminalistics sub-faculty of the Peoples’ Friendship University of Russia
RIZAEVA Dana
Ph.D. in Law, an employee of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CRIMES AGAINST PROPERTY IN ISLAMIC CRIMINAL LAW
Property is protected by Muslim criminal law in the same way as other values of the Muslim world – religion, human life and health. The protection of property rights is not only the basis of Islamic law, but also its important function, since in many Muslim countries there is the development of private property, the strengthening of economic relations, the basis of which are property legal relations. It seems necessary to analyze the peculiarity of criminal liability for the commission of embezzlement in the form of theft and robbery under the norms of Islamic criminal law. Islamic criminal law is of particular interest because of the significant differences between this law and European legal systems. An analysis of the criminal legislation of Muslim countries shows that in some states a detailed differentiation of criminal liability for crimes against property has been carried out. Theft only under certain circumstances becomes a crime of the category “hudud”, so it is called a crime of a “mixed nature”. Moreover, the penalties provided for theft by different religious and legal schools differ significantly from each other. The differences lie both in the nature of the punishment itself and the circumstances in which the punishment takes effect, as well as in the characteristics of the crime.
Keywords: criminal Islamic law, embezzlement, theft, robbery.
Work bibliographic list
1. Artemov V. Yu. The main features of Muslim criminal law. Abstract dis. … cand. legal Sciences. – M., 2008. – 30 p.
2. Berg, Van den L. V. S. The main principles of Muslim law according to the teachings of Imams Abu Hanifa and Shafii / Per. from Dutch. – M.: Natalis, 2005. – 308 p.
3. Islamic Penalty Law of the Islamic Republic of Iran. – St. Petersburg: R. Aslanov Publishing House “Legal Center” Press “, 2008. – 343 p.
4. Kerimov G. M. Sharia and its social essence: Abstract of the thesis. dis. … doc. ist. Sciences. – M., 1979.
5. Kononkova N. V., Govenko S. A. Hudud category crimes in Muslim criminal law // Bulletin of the Amur State University. – 2016. – No. 72. – S. 21-27.
6. Koran (translated by I. Yu. Krachkovsky). – [Electronic resource]. – Access mode: http://www.falaq.ru/quran/krac/
7. Lafitsky V. I. Comparative law: national legal systems. Legal systems of Asia. – T. 3. – M.: IZiSP; CONTRACT, 2013. – 303 p.
8. Makharamov Ya. A. Punishment under Muslim criminal law: concept, goals, types: Dis. … cand. legal Sciences. – M., 2009. – 120 p.
9. Makharamov Ya.A. Punishment in Muslim criminal law: concept, goals, types. Abstract dis. … cand. legal Sciences. – M., 2009. – 29 p.
10. Nazarov A. K. Criminal law norms of the Koran and Hadith and their classification according to the institutions of criminal law. Abstract diss. … cand. legal Sciences. – Dushanbe, 2009. – 28 p.
11. Suvorov T. A. Theft in the system of Muslim criminal law // Bulletin of the Omsk University. – 2004. – No. 2. – P. 133-137.
12. Syukiyainen L. R. Muslim law // Questions of theory and practice. – M., 1986.
13. Yusif
Mohammed Hussein Ogly. Some issues of criminal liability for theft of another’s property committed by robbery // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2012. – No. 4. – P. 120-126.
CRIMINAL LAW
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational investigative activities of the internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
RYAZANOV Pavel Alexandrovich
lecturer of Operational investigative activities and special equipment in the internal affairs bodies sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
PROBLEMS OF PREVENTION OF CRIMES COMMITTED IN EDUCATIONAL INSTITUTIONS
In recent years, cases of shooting and the use of cold weapons have become more frequent in Russian schools, colleges, and universities. Despite the measures taken to strengthen control over the circulation of weapons and ensure security in educational institutions, it was not possible to prevent a new tragedy. The article deals with the prevention of crimes committed in educational institutions, the study of the identity of the offender, necessary to develop more effective measures to prevent violent crimes committed in educational institutions in order to predict crime, monitoring its prerequisites.
Keywords: crime, prevention, prevention, minors, criminal personality, psychological portrait of the criminal, bullying, psychotrauma.
Work bibliographic list
1. Akimov N. V. Individual prevention of crimes related to the use of firearms in the activities of internal affairs bodies // Wise lawyer. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/declconv/declarations/childdec (date of access: 03.10.2022).
2. Demidov N. N. The study of the identity of the offender in the process of investigation [Text]: author. dis. … cand. legal Sciences: 12.00. 01. – Volgograd, 2003. – S. 23.
CRIMINAL LAW
PETROVA Galina Olegovna
Ph.D. in Law, professor of Criminal law and process sub-faculty of the Law Faculty of the N. I. Lobachevsky National Research Nizhny Novgorod State University
CRIMINAL LAW REGULATION AND SOME OF ITS BOUNDARIES IN THE XXI CENTURY
The article is devoted to topical aspects of criminal law regulation and its possible limits in the study XXI. The purpose of the article is to consider the specific state of this area and the identified problematic and promising areas of regulation. Particular attention is paid to some of the limits (boundaries) of criminal law regulation that arise in society. The author, using the example of domestic and foreign legislation, reveals the current state and trends of legal regulation in the area under consideration. In the course of the study, the most relevant areas of criminal law regulation were identified. The most important areas that need additional elaboration are considered. Identified promising areas of development of criminal law regulation, such as genetic engineering, space, IT-technologies, media space regulation. Modern examples from the law enforcement practice of domestic courts are analyzed, on the basis of which the author identifies new boundaries of what is permitted and prohibited. Attention is drawn to novelties in criminal law, as well as their incorporation into existing legal documents. The boundaries of responsibility for unleashing and waging an aggressive war are especially emphasized. It is clarified that it is necessary to specify the status of a war criminal. At the end of the article, the research is summarized, current trends are outlined, and a conclusion is made.
Keywords: criminal law regulation, Criminal Code, foreign experience, law enforcement practice, administrative prejudice, criminal law prohibitions, proposals for improving legislation.
Work bibliographic list
1. Kuznetsova N. F. Seven years of the Criminal Code of the Russian Federation // Bulletin of the Moscow University. Episode 11 2003. No. 1. S. 5-9.
2. Kiseleva I. A. Administrative prejudice in criminal law: “Execution cannot be pardoned” // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. No. 1. Nizhny Novgorod: Publishing House of the Nizhny Novgorod State University. N. I. Lobachevsky, 2019. S. 116-121
3. Lopashenko N. A. There is no administrative prejudice in criminal law! // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. 2011. No. 3. S. 64-71.
4. Petrova G. O. Criminal law regulation in Russia at the turn of the century.// Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series Right. Issue 1 (2). The legal system of Russia at the turn of the century. N. Novgorod: Publishing house of UNN, 2000. S. 276-288.
5. Petrova G. O. On the international, internal and national levels of criminal law regulation // State and Lawabout: the results of the XX century: Materials of the conference: Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – Series: Law. Nizhny Novgorod: UNN, 2001. Issue. 2(4). pp. 189-197.
6. Samoylyuk N.V. Crimes against life and health under the laws of Spain // Law and State: Theory and Practice. 2020. No. 1 (181). pp. 134-136
7. Criminal Code of Spain / edited by N. F. Kuznetsova, F. M. Reshetnikov. Moscow: ZERTSALO, 1998. 213 p.
8. Criminal Code of the Republic of Kazakhstan. Almaty: JURIST, 2019. 124 p.
9. Texas Penal Code / Scientific Editing and Foreword. I. D. Kozochkina. Translation from English by D. G. Osipov, I. D. Kozochkin. St. Petersburg: Legal Center Press, 2006. 575 p.
CRIMINAL LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
KIDNAPPING: DEFINITION OF THE OBJECTIVE SIDE OF THE CRIME
The article deals with the issue of determining the objective side of the composition of kidnapping. Its absence from the law is critically assessed. The author analyzes the legality of the legislator’s use of the concept of “embezzlement”, which is mainly used in the characterization of crimes against property. It is pointed out that the emphasis in the definition of the content of the concept of “kidnapping” developed by judicial and investigative practice, first of all, is on keeping the abducted person (or his goal) in a place that is not familiar to this person. It is in this that the existence of a convention in the use of the category “abduction” in relation to a living person is reflected. It is concluded that in the structure of the objective side of the composition of this criminal act, the defining and most significant moments are the seizure (capture) of the victim, his removal from his location and transportation (relocation), which aims to subsequently hold the captured person in another place.
Keywords: kidnapping, objective side, capture, displacement, retention.
Work bibliographic list
1. Taranenko V. V., Kharitonov S. S., Reshnyak M. G., Borisov S. V. Actual problems of improving criminal law measures to counteract kidnapping, illegal imprisonment, human trafficking and the use of slave labor // All-Russian Criminological magazine. – 2020. – No. 3. – P. 481-494.
2. Popov A. N. Murder under aggravating circumstances. – St. Petersburg: Legal Center Press, 2003. – 898 p.
3. Avdeeva E. V. Determinants of crimes against personal freedom in the Russian Federation // All-Russian criminological journal. – 2013. – No. 2. – P. 146-154.
4. Dal V. I. Explanatory Dictionary. T. 3. – M.: Progress, 1994. – 576 p.
5. Ozhegov S. I. Explanatory dictionary of the Russian language. – M.: Azbukovnik, 2010. – 848 p.
6. Garmyshev Ya. V. Legal characteristics of criminal violence in crimes against property // Siberian Criminal Procedure and Forensic Readings. – 2019. – No. 1 (23). – P. 36–43.
CRIMINAL LAW
TOROPOV Sergey Aleksandrovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
PONOMAREV Aleksandr Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
NOVIKOVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
ANALYSIS OF THE CAUSES AND CONDITIONS CONTRIBUTING TO THE COMMITMENT OF CRIMES IN THE SPHERE OF COMPUTER INFORMATION
In the article the analysis of the causes and conditions that contribute to the commission of crimes in the field of computer information is carried out. The most common ways of committing “cybercrimes” are noted. The author’s recommendations for improving the mechanism for counteracting crimes of the group under consideration have been prepared.
Keywords: computer crimes, information, trace data, software, protection mechanisms, cyber squads.
Work bibliographic list
1. Prosecutor General’s Office of the Russian Federation: legal statistics portal. – [Electronic resource] – Access mode: https://crimestat.ru/analytics (date of access: 06/01/2022).
2. Rudik M. V., Toropov S. A. A minor as a subject of crimes in the field of computer information. Eurasian Law Journal. – 2016. – No. 3 (94). – S. 222-225.
3. Toropov S. A., Safonov D. A. Actual issues of combating crime in the field of computer information // In the book: Personality in the information space: problems and prospects for research. Edited by S. A. Butkevich. – Simferopol, 2020. – S. 198-207.
4. Bogdanova T. N. Causes and conditions for committing crimes in the field of computer information // Bulletin of the Chelyabinsk State University. – 2013. – No. 11 (302). – S. 64-67.
5. Zigura N. A. Computer information as a type of evidence in the criminal process in Russia: dis. … cand. legal Sciences: 12.00.09. – Chelyabinsk, 2010. – 234 p.
6. V. P. Bodaevsky, D. A. Zakharov, S. A. Kodintsev, M. I. Nikulin, T. Yu. Novikova, M. V. Pelenitsina, A. V. Rudenko, and N. V. Savenko, Soshina N. V., Shigonin A. B., Yatsenko A. O. // Actual problems of civil, criminal and administrative proceedings Textbook. – Simferopol, 2021. – 150 p.
CRIMINAL LAW
CHERNYSHOV Viktor Valentinovich
Ph.D. in Law, associate professor, associate professor of Management and organization of the UIS sub-faculty of the Academy of the FPS of Russia
ABOVYAN Edgar Pargenovich
Ph.D. in Law, scientific researcher of the Department of Development of Methodologies for the Execution of Criminal Penalties without Deprivation of Liberty of the Center for the Study of Problems of the Execution of Criminal Penalties (FKU Research Institute of the Federal Penitentiary Service of Russia)
FACTOR ANALYSIS OF ECONOMIC CRIME IN RUSSIA
This article analyzes the interrelated factors of economic crime. A comparative characteristic of the dynamics of crime in general and economic crime in particular is given. It shows the influence of the economic potential and economic development of the region and the standard of living of the population, at the same time have an indirect impact on the factors of economic crime. In particular, the potential of the natural environment of the region determines the attractiveness of crimes for the redistribution of ownership of natural resources.
Keywords: economic crime, factors of economic crime, cybercrime, dynamics of economic crime.
Work bibliographic list
1. Matskevich I. M. Causes of economic crime. Tutorial. M.: Prospekt, 2017. 272 p.
2. Kudryavtsev V. N., Eminov V. V., Criminology: textbook. M., 2009.
3. Terekhin V. I., Chernyshov V. V. Factor analysis and forecasting of post-penitentiary crime in the regions of the Russian Federation: textbook. Ryazan, 2021, p. 39.
4. The state of crime in Russia. Collection of Federal Statistical Observation of the Prosecutor General’s Office, 2021.
5. Russian review of economic crimes 2010-2021. [Electronic resource]. – Access mode: www.pwc.ru/crimesurvey.
6. The state of crime in Russia. Collection of Federal Statistical Observation of the Prosecutor General’s Office, 2021.
7. Report of the Central Bank of Russia at the International Financial Congress. Internet, 07/09/2019.
8. Becker G. Crime and punishment: an economic approach. [Electronic resource]. – Access Mode: http://www.rich.frib.org/cross/pubs/crime/html
9. Terekhin V. I., Chernyshov V. V. Modeling of regional economic crime // Scientific journal Financial Economics. 2019. No. 4. S. 221-224
CRIMINAL LAW
KHAKIMOV Nazim Nazipovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
FAILURE TO HELP A PATIENT: ACTUAL PROBLEMS OF LEGAL REGULATION
The quality of medical care correlates with social guarantees for citizens of the Russian Federation. For this reason, persons with relevant knowledge and competence are required to provide medical assistance to a person belonging to the category “sick”. However, this obligation is associated with many subjective and objective factors that need to be taken into account by the courts when considering criminal cases under Art. 124 of the Criminal Code of the Russian Federation. Often this leads to an objectively necessary increase in the principle of discretion of the court, which is not a positive trend from the point of view of the trial stability and fairness. The purpose of the study, therefore, is to explore the most relevant trends in the consideration of criminal cases by the courts under Art. 124 of the Criminal Code of the Russian Federation. The main material of the study is judicial practice, as well as a set of scientific works by N. V. Shchetinina, E. P. Ivannikova, T. N. Petrova, Yu. I. Pigolkina, Yu. E. Morozova, I. V. Globa, A. N. Khomenko and others. The result of the study is the formation of conclusions about the most relevant trends in the consideration of criminal cases under Art. 124 of the Criminal Code of the Russian Federation, as well as the formulation of problematic issues related to the wide judicial discretion in this area. In the final part, the author suggests possible solutions to the identified problematic issues.
Keywords: health care; failure to provide assistance to the patient; judicial discretion; good reasons; life-threatening health conditions; pathological health conditions.
Work bibliographic list
1. Shchetinina N. V. Failure to provide assistance to the patient: criminal law characteristics and qualification issues // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia, 2019. No. 1 (81). pp. 143-149.
2. Ivannikova E.P. On the problem of criminal liability for failure to provide assistance to a patient in Russian and foreign legislation. News of the Tula State University. Economic and legal sciences, 2016. No. 1-2. pp. 170-176.
3. Petrova T. N. Features of the investigation of crimes related to poor-quality medical care during obstetrics // Consilium Medicum, 2017. T. 19. No. 6. P. 9-31.
4. Pigolkin Yu. I., Morozov Yu. E., Globa IV Competence of a doctor and a lawyer in establishing a medical error // Actual problems of medicine and biology. 2018. No. 2. S. 58-59.
5. Khomenko A. N. Criminal legal assessment of acts committed in the provision of medical care // Siberian Legal Review, 2020. V. 17. No. 2. P. 216-222.
6. Smirnov R. Yu. Forensic medicine (forensic medical assessment of harm to health): educational and methodological allowance; Yaroslavl state un-t im. P. G. Demidov. Yaroslavl: YarSU, 2018. 52 p.
CRIMINAL LAW
KHMELEVA Zlatoslava Aleksandrovna
senior lecturer of the Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, colonel of police
POPENKOV Anton Valerjevich
lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, major of police
ANTIMONOVA Svetlana Igorevna
lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, major of police
CRIMINAL AND LEGAL MANIFESTATIONS OF THE IDENTIFIED TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC POISONING USING IT TECHNOLOGIES
The article provides an analysis of the current state of affairs in the field of illicit trafficking in narcotic drugs and psychotropic substances in the Russian Federation, committed using computer technology, communications and the Internet. The authors give examples of the commission of crimes of similar categories, the qualification of such criminal acts, and also point to some algorithms for investigating crimes of these categories.
Keywords: drug trafficking, cybercrime, Internet, network crime, qualification of crimes, IT technologies, preliminary investigation, criminal law.
Work bibliographic list
1. TASS: In the Russian Federation, the number of drug-related crimes has reached a minimum in 10 years. DateViews. [Electronic resource]. – Access mode: http://www.tass.ru/obschestvo/12256069?utm_source=google.com&utm_medium=organic&utm_campaign=google.com&utm_referrer=google.com. (Accessed 10/12/2022)
2. The Criminal Code of the Russian Federation dated 06/13/1996 No. 63-FZ (as amended on 02/03/2014) // Collection of Legislation of the Russian Federation. – 06/17/1996. – No. 25. – S. 2954 (Last edition)
3. Decree of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14 (as amended on May 16, 2017) “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_61074/ (Accessed 10/12/2022)
4. Galushkova V.V., 2015. Problems of legal regulation of a special condition for exemption from criminal liability for drug trafficking // Society and Law. – 2015. – No. 1 (51). – S. 130.
5. Based on the materials of criminal case No. 0000424825562123 of the investigative department of the Ministry of Internal Affairs of Russia for the Konkovo district of Moscow. 2021
CRIMINAL LAW
NGUYEN Thu Trang
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
PRINCIPLES FOR THE TREATMENT OF JUVENILE DELINQUENTS UNDER VIETNAMESE LAW
The article discusses the principles of treatment of minors who have committed crimes in Vietnam. These principles are not codified in the Vietnamese criminal code 2015. As a result of the study, the author conditionally divides them into two groups: general and special principles.
Keywords: minor, criminal code, Vietnam, principle, responsibility
Work bibliographic list
1. Nguyen Thi Phuong Hoa. Vietnam’s policy on juvenile criminals reflected in its new provisions under the new criminal code 2015 (amended 2017) and recommendations // Kutafin University Law Review. Volume 6. Issue 2. 2019. P. 447-468
2. Nguyen Thu Trang. Types of punishment imposed on minors under the Vietnamese Criminal Code of 2015 // Collection: Current Issues of History, Philosophy and Law. Collection of articles of the VIII International Scientific and Practical Conference. Petrozavodsk, 2022, pp. 18-24.
3. Justice: Matters Relating to Children in Conflict with the Law. Model Juvenile Justice Law and Related Commentary. – [Electronic resource]. – Access mode: https://www.unodc.org/documents/justice-and-prisonreform/Russian_Model_Law_21122014_final.pdf
CRIMINAL PROCESS
GOLOVASTOVA Yuliya Aleksandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law sub-faculty of the Academy of the FPS of Russia, professor of Criminal-Legal and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch, chief researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penal Enforcement Center for the Study of Problems of management and organization of the execution of Sentences in the Penal Enforcement System Research Institute of the FPS of Russia
JUROR IN THE RUSSIAN CRIMINAL TRIAL
The article reveals the problems of the procedural status of jurors in the administration of justice. The author examines the rights and duties of a juror, assesses his powers, comparing them with the powers of a judge. The paper emphasizes the contradictory nature of the procedural position of the juror
Keywords: juror; court; criminal proceedings; criminal procedural legal personality
Work bibliographic list:
1. Alekseev I.N. jury for judges as a threat to the Russian legal system // Criminal trial. 2005. No. 5. S. 52-59.
2. Bulls V. Jurors as participants in criminal proceedings // Criminal trial. 2006. No. 7. S. 66-70.
3. Startseva S.N., Osokina G.A. Jury trial: judge’s view // Criminal trial. 2005. No. 10. S. 53-57.
CRIMINAL PROCESS
GADZHIKERIMOVA Sabina Kaziakhmedovna
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alekseevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF CRIMINAL PROSECUTION IN CASES OF CRIMES COMMITTED BY ORGANIZED GROUPS
The article deals with certain aspects of criminal prosecution in cases of crimes committed by organized groups. The analysis of statistical data and the cases of the named category allowed the author to conclude that the causes of poor quality of investigation of criminal cases are, including inaccurate assessment and untimely implementation by the investigation results of operational-investigative activity, ignoring the possibility of their transformation in criminal procedure, in order to establish the objective truth and the presence of the fragmented nature in the choice of tactics and strategy of verification (procedural) actions at the pretrial stage as bodies, as well as the LAW enforcement system as a whole . The authors come to the conclusion that it is necessary to introduce their proposed amendments to the criminal and criminal procedure legislation, which will significantly reduce criminal activity in the country.
Keywords: organized crime, criminal community, criminal prosecution, law enforcement agencies, operational search activities, investigative bodies.
Work bibliographic list
1. Crime indicators in Russia // Legal Statistics Portal. – [Electronic resource]. – Access mode: http://crimestat.ru/offenses_map (date of access: 10/18/2022).
2. Decree of the Plenum of the Supreme Court of the Russian Federation of June 10, 2010 No. 12 “On the judicial practice of considering criminal cases on the organization of a criminal community (criminal organization) or participation in it (it)” // Bulletin of the Armed Forces of the Russian Federation. – 2010. – No. 8, August.
3. Zuev SV Criminal prosecution in cases of crimes committed by organized groups and criminal communities (criminal organizations). – Chelyabinsk: Chelyabinsk Law Institute of the Ministry of Internal Affairs of Russia, 2010. – 274 p.
4. Decree of the Presidium of the Supreme Court of the Republic of Komi No. 4U-990/2019 dated November 27, 2019 in case No. 1-150/2016 // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/vIFL5ICcHXrQ/ (date of access: 10/30/2020).
5. Resolution of the Presidium of the Smolensk Regional Court No. 4U-794/2019 dated November 6, 2019 in case No. 44U-95/2019 // Judicial and regulatory acts of the Russian Federation. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/XI8epTT157Uj/ (date of access: 09/30/2022).
CRIMINAL PROCESS
DOMOVETS Svetlana Sergeevna
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
SINKEVICH Veronika Viktorovna
Ph.D. in Law, associate professor of Criminal process sub-faculty of the Training and Scientific Complex of Preliminary Inquiry in Law Enforcement Agencies of the Volgograd Academy of the MIA of Russia
THE USE OF INNOVATIVE TECHNOLOGIES IN THE INVESTIGATION OF CRIMES: PROCEDURAL AND FORENSIC ASPECTS
At present, information technology has affected all spheres of society. The 21st century is characterized by the emergence of various technical devices that improve the quality of human life and ensure the effectiveness of various processes, including law enforcement activities. The introduction of technologies innovative and communications, the computerization of professional activities, the development and improvement of information-automated devices greatly facilitate the production of legal processes and actions, including investigative ones. Ensuring their effectiveness and efficiency is impossible without the integration of modern innovations.
Keywords: innovations, technologies, crime investigation, technical means, services, legal proceedings, evidence.
Work bibliographic list
1. Fedorov A.F. The use of new technologies in solving the problem of criminal procedure evidence // Modern criminal procedure law – lessons of history and problems of further reform. – 2021. – Vol. 2. – No. 1 (3). – S. 226-230. – EDN TCKKZE.
2. Meshkov M.V. Preliminary investigation: a textbook for cadets and students of educational institutions of higher professional education of the Ministry of Internal Affairs of Russia in the specialty “Jurisprudence” / Ed. M. V. Meshkova. 2nd ed., revised. and additional – M.: UNITI-DANA: Law and Law, 2014. – P. 69.
CRIMINAL PROCESS
Ivanova Antonina Nikolaevna
Ph.D. in Law, Head of Execution of punishments not connected with deprivation of liberty and legal support of activity of criminally-executive system sub-faculty of the Tomsk Institute for Advanced Training of Employees of the FPS of Russia
SIMPLIFIED PROCEDURE OF CRIMINAL PROCEEDINGS IN THE 20S OF THE XX CENTURY AS A MANIFESTATION OF REPRESSIVE POLICY (ON THE EXAMPLE OF TOMSK PROVINCE)
Repression as a manifestation of the totalitarian regime governing our country in the XX century has long been the subject of numerous studies.
The article is devoted to the issues of proceedings in cases of prosecution for malicious evasion of payment of food tax. In carrying out this study, 50 criminal cases initiated in different volosts of the Tomsk province in 1922 were studied.
The subject of the study is regulatory legal acts regulating the grounds and procedure for bringing to responsibility for non-fulfillment of state obligations to pay food tax, as well as law enforcement practice of that time period.
Based on the analysis of the content of the studied criminal cases, the author comes to the conclusion that the non-payment of the food tax as a basis for initiating criminal cases was of a massive nature. Historically, it has been established that the failure to fulfill this duty was caused by objective reasons that led to a grain crop failure in 1921. However, for the criminal proceedings and sentencing in a simplified manner, it was enough to establish the fact of non -payment of the food tax and the admission of guilt by the accused.
The mass nature of the offenders led to the fact that up to 40 people were united in one criminal case according to the administrative-territorial division (parish, village, village), as well as on the fact of non-payment of the food tax . The social status of the persons brought to justice did not matter. Confiscation as a form of punishment was subjected to any property of any value that was withdrawn to the volost mutual assistance committees, regardless of the possibility of appealing the verdict and the results of such an appeal.
Keywords: food tax, repression; simplified legal proceedings; punitive policy; criminal proceedings; sentence.
Work bibliographic list
1. Grishchenko I.A. Legislation on criminal proceedings for crimes against the Soviet regime and its implementation during the period of the most large-scale political repressions in the USSR: 1934-1941: Abstract of the thesis. … candidate of legal sciences: 12.00.01. – Krasnodar, 2007. – 28 p.
2. The case on charges of S. Apostolov, Nakorenkova, V. Rubanov, citizens of s. Ivanovka; Zubtsova A., Izvekova V., Mikhailov I., Solodilova N., Khmelevsky V., citizens of the village. Svyatogorki; Lebedeva A, citizens of Suslovo; Ermakova A., Zlobina E., Kustova M., Sokolova E., Sotnikova A., Sumeykova L., Turaeva, citizens of the village. Konstantinovka, in non-payment of food tax // GATO. F.R. 236. Op. 5. D. 1119. The case on the charges of the peasants of the Kozhevnikovskaya volost Tolmacheva T.T., Lukyanova E.E. and others (total 15 people) in a malicious refusal to pay the tax in kind // GATO. F.R. 236. Op. 2. D. 283. The case on the charges of the peasants of the Chilin volost Raspotin D.K., Merkuriev A.K. and others (total 36 people) in a malicious refusal to pay the tax in kind // GATO. F.R. 236.Op. 2. D. 238. The case on the charge of Shidlovsky O.I. and others (total 5 people), citizens from. Bezmenovsky, in non-payment of food tax // GATO. F.R. 236. Op. 4. D. 277.
3. The case on the accusation of the peasants with. The base of the Chilin volost Korneeva R.M., Anikina N.P. and others (total 7 people) in refusing to pay food tax // GATO. F.R.-236. Op. 2. D. 178.
4. Ivanova G.M. GULAG in the Soviet state system, late 1920s – mid-1950s: Dis. … doc. ist. Sciences: 07.00.02. – Moscow, 2002. – 430 p.
5. Syusyura V.L. Criminal proceedings in cases of crimes against the Soviet regime during the period of the new economic policy: 1922-1929: Abstract of the thesis. … candidate of legal sciences: 12.00.01 / Kuban. state agrarian un-t. – Krasnodar, 2007. – 29 p.
6. Uimanov V.N. Liquidation and rehabilitation: political repressions in Western Siberia in the system of Bolshevik power (end of 1919-1941). – Tomsk, 2012.
CRIMINAL PROCESS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and scientific complex for preliminary investigation in the internal affairs bodies of the Volgograd Academy of the MIA of Russia
IGNATOVA Ekaterina Alexandrovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Novorossiysk branch of the Krasnodar University of the MIA of Russia
SOME FEATURES OF THE REPEATED INVESTIGATIVE EXAMINATION ACCORDING TO THE SEQUENCE OF CONDUCT
In this article, the repeated investigative examination is considered as an independent and effective investigative action. Its significance is being investigated. The main provisions of the tactics of its production are studied, where the investigator himself, through the use of various methods of cognition, is convinced of the existence of facts of evidentiary value, and fixes their detection by drawing up a protocol. Special attention is paid to the study of theoretical problems of re-examination. The suggestions and conclusions formulated by the author have both theoretical and practical significance.
Keywords: investigative inspection, tactics of production, criminal case, investigator, sequence of conduct.
Work bibliographic list
1. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – S. 116-121.
2. Averyanova T. V., Belkin R. S., Korukhov Yu. G. et al. Criminalistics: Textbook. – M.: Infra-M, Norma, 2017. – S. 574.
3. Biryukov S. Yu. Activities of the investigator at the scene: procedural and organizational aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48). – S. 92-98.
4. Kelbyaliev K. R. Textbook (course of lectures) on the discipline “Inspection of the scene” for the direction of training “Jurisprudence”, profile “Criminal Law”, Makhachkala. – M.: DGUNKh, 2016. – P. 14.
5. Kravets E. G. Modern possibilities of accumulation, transmission and analysis of information significant for the investigation of crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 2 (13). – S. 72-78.
CRIMINAL PROCESS
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, head of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ANISIMOV Anton Alexandrovich
postgraduate student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
MAKAROV Evgeniy Sergeevich
magister student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
GENESIS OF NORMATIVE APPROACHES TO THE APPLICATION OF HOUSE ARREST IN THE DOMESTIC CRIMINAL PROCESS
The article is devoted to the analysis of the stages of regulatory regulation of house arrest as a preventive measure, with the identification of the features of the pre-revolutionary, Soviet, and modern periods. At the same time, the circle of persons to whom it was subject to application is determined, with the designation of the factors influencing it. The idea is emphasized that the formation of the considered procedural institution has not been completed, this is confirmed by several problems highlighted by the authors.
Keywords: preventive measure, police supervision, legalization, method of restrictions, adversarial process, electronic means of control, arrested.
Work bibliographic list
1. Abdullina A. U. The history of the emergence and development of house arrest as a measure of restraint in domestic criminal proceedings. Text: direct // Young scientist. 2020. No. 17 (307). pp. 159-161.
2. Popova LN The history of the development of house arrest as a measure of restraint // Man: crime and punishment. 2017. V. 25 (1-4). No. 1. S. 1-150.
3. Gamidov A. M., Kadiev M. S. Evolution of domestic legislation on house arrest as a measure of restraint // Bulletin of the Dagestan State University. Series 3: Social Sciences. 2018. Volume 33. Issue. 4. S. 98-101.
4. Vasiliev S. V. History of house arrest in criminal proceedings // Development of the penitentiary system: organizational, legal and economic aspects. Collection of materials of the international scientific and practical conference, within the framework of the international legal forum “Law and Economics: National Experience and Development Strategies”. Novosibirsk, Novokuznetsk. 2021. S. 36-38.
5. Gorbatykh I. M. On the essence and legal nature of house arrest: historical and modern aspects // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. 2021. No. 3. S. 90-96.
6. Rodionova Yu. V. Prohibition of certain actions: similarities and differences with house arrest // Science and education: the search for new prospects in the context of the COVID-19 pandemic: a collection of scientific papers based on the materials of the International Scientific and Practical Conference on September 11, 2020 Belgorod: LLC “Agency for Advanced Scientific Research (APNI), 2020. P. 29-31.
7. Tarasova A. A. On some problems of applying a measure of restraint in the form of house arrest and ways to solve them // Actual research. 2020. No. 23 (26). Part I. S. 126-128.
8. Shabanov V. B., Budanova L. Yu. Application of preventive measures in the form of house arrest and the prohibition of certain actions: problems of implementation // Criminal Executive Law. 2020. V. 15 (1–4). No. 1. S. 75-78.
9. Magomedov R. A. House arrest: current state and application problems. Text: direct // Young scientist. 2019. No. 48 (286). pp. 247-249.
10. Golubtsova E. P. Problems of implementation of the complete isolation of a person in respect of whom house arrest has been chosen in a residential area. Text: direct // Young scientist. 2020. No. 44 (334). pp. 187-189.
11. Timerbulatov R. I. The problem of house arrestin criminal proceedings of the Russian Federation // Novalnfo/ Electronic journal. 2018. No. 93. P. 94-97.
CRIMINAL PROCESS
PONOMAREV Aleksandr Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
NOVIKOVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Crimean branch of the Russian State University of Justice
TOROPOV Sergey Aleksandrovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
GENERAL ISSUES OF ORGANIZING AND CONDUCTING AN INCIDENT SITE INSPECTION
The article discusses the main ways and methods of examining the scene. Attention is drawn to a thorough analysis of the physical situation of the scene in the selection of tactics in order to prevent the loss of evidentiary information. Typical ways of packing objects are determined, taking into account the qualitative properties.
Keywords: inspection of the scene, investigative action, investigator, participants in the inspection, investigative team, real situation, trace picture.
Work bibliographic list
1. V. P. Bodaevsky, D. A. Zakharov, S. A. Kodintsev, M. I. Nikulin, T. Yu. Novikova, M. V. Pelenitsina, A. V. Rudenko, and N. V. Savenko, Soshina N. V., Shigonin A. B., Yatsenko A. O. Actual problems of civil, criminal and administrative proceedings Textbook. – Simferopol, 2021. – 150 p.
2. Rudenko A. V., Zakharov D. A. Criminal procedural liability for violation of the normal order of investigation of the circumstances of a criminal case // In the collection: Actual problems of criminal and criminal procedural policy of the Russian Federation. Materials of the international scientific-practical conference. – 2012. – S. 197-200.
3. Toropov S. A., Safonov D. A. Features of the organization of the inspection of the scene in a local military conflict // Tavrichesky scientific observer. – 2016. – No. 12-1 (17). – S. 128-130.
4. Safonov D. A., Toropov S. A. Methodological aspects of inspection, seizure and packaging of items structurally similar to cold weapons (folding knives) at the scene // Crimean Scientific Bulletin. – 2015. – No. 3. – P. 53-60. [Electronic resource]. — Access mode: http://krvestnik.ru/pub/2015/07/SafonovDAToropovSA.pdf.
5. Pakhomov S. V., Gusev A. V. Use of geodetic satellite systems for eccentric inspection of the scene // Society and Law. – 2014. – No. 3 (49). – S. 203-206.
CRIMINAL PROCESS
POPOVA Darya Yurjevna
magister student of the East Siberian branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University
ESSENCE AND PROBLEMS OF METHODOLOGICAL AND FORENSIC SUPPORT IN CRIMINAL LEGAL PROCEEDINGS
In the article, the authors define the essence of the methodological and forensic support of criminal proceedings. They identify the problems of development, implementation and application of forensic techniques, while offering ways to solve these problems at the present stage. The essence of methodological and forensic support is reduced to the creation of such practice-oriented recommendations that would answer the questions: what needs to be done, how to do it and with what technical and forensic means to achieve this. Thus, we can talk about the development of algorithms for the actions of authorized law enforcement officers, allowing them to most optimally, efficiently and rationally investigate crimes, clearly aware of the sequence of actions performed.
Keywords: methodological and forensic support, forensic support, general methods, particular methods, algorithmization.
Work bibliographic list
1. Ivanov P. I., Kustov A. M., Verenich I. V. Methodological and forensic support of the initial stage of the investigation of mass riots // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (58). – S. 109-115.
2. Stepanenko D. A., Mitrofanova A. A. Forensic support of the investigation as a category of criminalistics // Glagol of Justice. – 2017. – No. 2 (14). – S. 60-64.
3. Garmaev Yu. P. Theoretical foundations of the formation of forensic methods of investigating crimes: dis. … doc. legal Sciences. – Moscow, 2003. – 342 p.
4. Ishchenko E.P. Is reform ruled by crime? – Moscow: Tsentrpoligraf, 2013. – 319 p.
5. Khalikov A. N. Prospects for the development of forensic investigation methods // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – S. 127-133.
6. Ishchenko P.P. Is a forensic characterization of a crime necessary in the forensic methodology? // Lex Russica. – 2020. – No. 3. – P. 55-69.
7. Nelyubin K. A. Programming and algorithmization of establishing the person who committed the murder (based on the materials of the Sverdlovsk region): author. dis. … cand. legal Sciences. – Yekaterinburg, 2016. – 25 p.
8. Shatalov AS Issues of modernization of private forensic methods of investigation of crimes // Bulletin of the Tomsk State University. Right. Series: Law. – 2016. – No. 1 (19). – S. 64-81.
9. Shatalov A. S. Implementation of algorithmization and programming of crime investigation into the system of forensic methods // Academic Thought. – 2018. – No. 1 (2). – S. 86-90.
10. Khalikov A. N. Prospects for the development of forensic investigation methods // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – S. 127-133.
11. Yashin A. V., Frolova T. A. Improvement of forensic methods in the context of digitalization of society // Bulletin of the Penza State University. – 2022. – No. 1. – P. 40-44.
CRIMINAL PROCESS
SAVITSKAYA YULIYA PETROVNA
Ph.D. in sociological sciences, Tyumen Industrial University
SKIFSKAYA Kseniya Nikolaevna
magister student of the Institute of State and Law of the Tyumen State University
FORENSIC EXAMINATIONS AS KEY EVIDENCE IN THE INVESTIGATION OF CRIMINAL CASES OF INCITEMENT TO SUICIDE
This work is part of a series of scientific articles by the authors on the topic of criminal suicide. In this work, the authors consider the criminal procedural problems of assigning certain types of forensic examinations in the investigation of criminal cases of incitement to suicide. The authors typical consider errors in the formulation of questions by the preliminary investigation bodies to experts when prescribing a forensic psychological examination. The main recommended questions for experts during forensic psychological and linguistic examinations are formulated.
Keywords: suicide, suicide, psychological examination, linguistic examination, incitement to suicide, investigative examination, interrogation of witnesses.
Work bibliographic list
1. Ilyin N. N. Topical issues of the investigation of incitement to suicide // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1. – P. 100-104.
2. Puchnina M. Yu. Criminal suicide of minors: criminological and criminal law countermeasures: author. dis. … cand. legal Sciences. – Kursk, 2019. – 25 p.
3. Shargorodsky M. D. Responsibility for crimes against a person. – L .: Leningrad Publishing House. state un-ta, 1953. – S. 42.
4. Kravchuk VL Problems of guilt in crimes against life: author. dis. … cand. legal Sciences. – M., 2006.
5. Buryakovskaya E. V. Criminal law and criminological characteristics of bringing to suicide: dis. … cand. legal Sciences. – St. Petersburg, 2020. – 228 p.
6. Bryanskaya E. V., Samarin V. I. Expert opinion and testimony of witnesses as key evidence in criminal cases of incitement to suicide // All-Russian Journal of Criminology. – 2019. – V. 13. No. 6. – S. 971-979.
7. Safuanov F. S. Actual theoretical and methodological problems of a complex forensic psychological and psychiatric examination // Psychology and Law. – 2011. – Volume 1. No. 2.
8. Sergeev K. A. Criminal law and procedural features of the investigation of criminal offenses under Art. 110, 110.1 CC
CRIMINAL PROCESS
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
PROBLEMS OF PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR
The article is devoted to the issues of ensuring the procedural independence of the investigator during the preliminary investigation, since the fight against crime requires not only the maximum use of law enforcement forces, but also a clear organization aimed at ensuring their high efficiency. The article discusses the issues of improving the procedural status of the investigator, the influence of domestic legal norms on procedural independence and the elimination of gaps in the legislative regulation of the investigator’s interaction with supervisory and supervisory authorities. In addition, the authors paid attention to the tasks and functions of the investigator as a subject of criminal proceedings, the problems of ensuring guarantees of his independence.
Keywords: investigator, preliminary investigation, procedural independence, interaction, control, prosecutor, head of the investigative body.
Article-by-article bibliographic list
1. Ksenafontova I. G. The investigator as a participant in the criminal process and the criminal procedural functions performed by him // Academic journalism. – 2021. – No. 9-2. – S. 74-81.
2. Volodin I. N. Some debatable issues of independence of the investigator in the Russian criminal proceedings // Activities of law enforcement agencies in modern conditions. – 2021. – S. 163-166.
3. Babich A. V. Procedural autonomy and independence of the investigator as the basis of his status in criminal proceedings: dis / … cand. legal Sciences: 12.00.09 / Babich Andrey Vladimirovich. – Saratov, 2012. – P. 11.
CRIMINAL PROCESS
DOMOVETS Svetlana Sergeevna
Ph.D. in Law, associate professor of Criminalistic sub-faculty of the Educational and Scientific Complex on the Preliminary Investigation in the Interior Bodies of the Volgograd Academy of the MIA of Russia
SINKEVICH Veronika Viktorovna
Ph.D. in Law, associate professor of Criminal process sub-faculty of the Educational and Scientific Complex on the Preliminary Investigation in the Interior Bodies of the Volgograd Academy of the MIA of Russia
FEATURES OF THE APPOINTMENT AND PRODUCTION OF FORENSIC TAX EXAMINATIONS IN THE INVESTIGATION OF CRIMES IN THE FIELD OF ECONOMIC ACTIVITY: PROBLEMS, SOLUTIONS
The article attempts to consider the specifics of the appointment and production of a forensic tax examination in the disclosure and investigation of crimes in the field of economic activity. The author points out the features of the study of accounting documents, analyzes the existing problems in the context of the appointment and production of the specified expertise, and offers options for minimizing the existing problems.
Keywords: economic crimes, method of committing a crime, material damage, accounting documents, calculations, forgery, theft, abuse.
Work bibliographic list
1. Official website of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/32515852/ (date of access: 10/24/2022).
2. Domovets S. S. Features of the investigation of tax evasion by construction organizations: dis. … cand. legal Sciences. – Volgograd Academy of the Ministry of Internal Affairs of Russia. Volgograd, 2008.
3. Federal Law of the Russian Federation of May 31, 2001 No. 73 FZ “On State Forensic Activities in the Russian Federation”.
4. Order of the Ministry of Internal Affairs of Russia dated June 29, 2005 No. 511 (as amended on May 30, 2022) “Issues of organizing the production of forensic examinations in forensic divisions of the internal affairs bodies of the Russian Federation” (together with the “Instruction on organizing the production of forensic examinations in forensic subdivisions of the internal affairs bodies of the Russian Federation”, “List of types (types) of forensic examinations carried out in forensic subdivisions of the internal affairs bodies of the Russian Federation”) (Registered in the Ministry of Justice of Russia on August 23, 2005 No. 6931).
CRIMINAL PROCESS
MILOVA Irina Evgenjevna
Ph.D. in Law, associate professor, head of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ANISIMOV Anton Alexandrovich
postgraduate student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
KHACHATRYAN Robert Edikovich
magister student of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
CRIMINALIZATION OF RESPONSIBILITY FOR EXTORTION: MAIN STAGES
The article is devoted to the analysis of the stages of criminalization of responsibility for extortion, with its gradual transition from the civil-legal plane to the criminal-legal one. The approaches of the pre-revolutionary and Soviet legislators are of interest, the authors have studied the modern period of development, identified its features and problematic aspects that require normative replenishment and scientific research.
Keywords: mental coercion; blackmail; bondage; subsidiary nature; selfish purpose; threat; property crime; tightening of sanctions.
Work bibliographic list
1. Tishchenko E. I. To the question of the development of criminal legislation on responsibility for extortion in the history of Russia // E-SCIO. 2021. No. 4 (55). pp. 247-256.
2. Moizel A. S. Criminal liability for corruption crimes: history and modernity. – Direct text // Young scientist. 2019. No. 46 (284). pp. 172-175.
3. Danilin S. S. Problems of differentiation of extortion and coercion to make a transaction or to refuse to make it // Fight against crime: theory and practice: collection of articles. articles intl. scientific-practical. conf. Mogilev, 2015. Part 2. S. 75-78.
4. Zabolotnev A. M. The history of the development of criminal liability for extortion in Russia // Development of scientific management tools. Article in the Proceedings of the SUSU Conference. 2017. S. 65-67.
5. Nikitin Yu. A. The history of the development of responsibility for extortion in domestic criminal law and legislation // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. 2016. No. 1. S. 69-72.
6. Selivanova A. D. On some issues of qualification of extortion. – Text: direct // New legal bulletin. 2020. No. 6 (20). pp. 66-69.
7. Kapustin S. P. Problems and features of the qualification of extortion. – Text: direct // Young scientist. 2019. No. 25 (263). pp. 297-299.
8. Zveryaka V. A. Criminal liability for extortion // Problems of law: theory and practice. 2020. No. 50. S. 73-81.
CRIMINAL PROCESS
SHAVKAROVA Elena Evgenjevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
HISTORY OF THE FORMATION AND DEVELOPMENT OF THE INSTITUTE OF PRE-TRIAL COOPERATION AGREEMENT IN RUSSIAN CRIMINAL PROCEEDINGS
The article reveals the history of the origin ofthe institute of pre-trial agreement in Russian criminal proceedings. The purpose of the pre-trial agreement is to identify, suppress and solve serious crimes, to bring to justice the entire range of persons who commit crimes as part of criminal groups. Particular attention is paid to the reflection of this institution in the regulations from the time of Russkaya Pravda to the present, as well as its transformation taking into account foreign experience.
Keywords: criminal proceedings, pre-trial agreement, organized group.
Work bibliographic list
1. Pobedkin A. V., Yashin V. N. Some problems of the institution of a pre-trial agreement on cooperation and ways to solve them // Izvestiya of the Tula State University. – 2022. – No. 1. – P. 51-57.
2. Glebov V. G., Kostenko N. S., Ruchkin V. A. Evaluation of the effectiveness of the application of a pre-trial cooperation agreement in Russian criminal proceedings. Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (35). – S. 96-100.
3. On amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation (on the introduction of a special procedure for issuing a court decision when concluding a pre-trial cooperation agreement): Draft federal law No. 485937-4. [Electronic resource]. – Access mode: “Garant” (date of access: 09/03/2022).
4. Fomina E. R. Permissibility of concluding a pre-trial agreement on cooperation at the stage of conducting an inquiry // Scientific almanac. – 2022. – No. 1-2 (87). – S. 152-153.
5. Report on the number of persons prosecuted and types of criminal punishment for 2021 // Official website of the Judicial Department under the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://cdep.ru (date of access: 05.10.2022).
CRIMINAL PROCESS
FETISHCHEVA Lidiya Mikhaylovna
Ph.D. in Law, associate professor of Criminal process and forensic science sub-faculty of the Perm Institute of the FPS of Russia
SHUBINA Ekaterina Pavlovna
cadet of the 2nd course of the Perm Institute of the FPS of Russia
SOME ASPECTS OF THE INTERACTION OF OPERATIONAL UNITS OF THE PENAL ENFORCEMENT SYSTEM WITH THE BODIES OF PRELIMINARY INVESTIGATION
This article reveals aspects of the interaction of operational units of the penal enforcement system with the preliminary investigation bodies. Despite the presence of different functional responsibilities in these bodies, as well as a rather strong difference in the structure and main areas of activity, they constantly interact with each other. Such interaction is aimed at improving the functioning, and better detection of crimes and reducing their prevalence among convicts serving sentences.
Keywords: convicts, operational investigative activities, operational investigative measures, operational units, preliminary investigation bodies, special agent, agent.
Work bibliographic list
1 Bezlepkin B. T. Handbook of the investigator and interrogator. – M .: Prospekt, 2016. Handbook of the investigator and interrogator. – 4th ed., revised. and additional – Moscow: Prospekt, 2016. – 252 p.
2 Pyankov M. N. Interaction of operational units of pre-trial detention centers of the penitentiary system of the Russian Federation // Education and Law. – 2020. – No. 7. – P. 295-299. – DOI 10.24411/2076-1503-2020-10757. – EDN GZSTHL.
3 II International Penitentiary Forum “Crime, Punishment, Correction” (on the occasion of the 20th anniversary of the entry into force of the Penal Code of the Russian Federation): Sat. abstract ledge. and report. participants (Ryazan, November 21–23, 2017): in 8 vols. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2017. – Vol. 7: Materials of round tables “Implementation of operational-search activities in penitentiary institutions at the present stage” , “Science and practice in ensuring the regime in penitentiary institutions”, “Canine support for the activities of the Federal Penitentiary Service of Russia: theoretical foundations and practical experience.” – 2017. – 435 p.
CRIMINAL PROCESS
TSIBULSKAYA Galina Zinovjevna
Ph.D. in Law, associate professor of Logistics sub-faculty of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
CONCEPT AND LEGAL PROPERTIES OF EVIDENCE IN CRIMINAL PROCEEDINGS
To date, the process of proof in criminal proceedings has gone beyond the purely procedural framework and has grown into the science of proof, which, through many years of accumulation of knowledge and experience, has made it possible to rethink some of the established provisions of proof. In order to bring the guilty person to criminal responsibility, it is necessary that his guilt be substantiated, reasoned and proven from the point of view of the law on the principle of “the existence of the fact of a crime committed and the guilt of a particular person or group of persons in its commission.” The article discusses the concept of evidence, analyzes their inherent mandatory legal properties, reveals their practical component. The importance of a meaningful approach to the study of evidence and their legal properties in order to make a fair and legal decision in a criminal case is being updated.
Keywords: evidence, criminal process, concept, legal properties, relevance, admissibility, reliability, sufficiency.
Work bibliographic list
1. Mironova G. A. Collection and formation of criminal evidence as elements of the process of proof: concept, content, ratio // Criminalistics: yesterday, today, tomorrow. – 2020. – No. 3. – S. 200-207.
2. Rogava I. G., Kruglikova D. A. Evidence in criminal proceedings // International Journal of the Humanities and Natural Sciences. – 2019. – No. 1. – P. 10-12.
CRIMINAL PROCESS
Alieva Ilhama Siyafar
dissertation student of Criminal process sub-faculty of the Baku State University
CONCEPT OF CRIMINAL LIABILITY OF LEGAL ENTITIES, HISTORICAL DEVELOPMENT
The article considers the history of the legal entities’ accountability, their responsibility in the regulation of developed countries, the general classification of legal entities of Anglo-Saxon and Romano-Germanic legal families, categories of legal entities, structures of the responsibility of legal entities in individual countries, the conditions for their release. Criminal law covers legal entities’ liability, statutory obligations, collective responsibility matters, sorts of punishments applied to legal entities, and their application’s specifics.
Keywords: legal entities, personality, criminal law, history of theory, liability.
References
1. Volzhenkin B. V. Criminal liability of legal entities. – SPb., 1998. – S. 186.
2. Smirnov G. Prospects and conditions for the introduction of the Institute of Criminal Liability of Legal Entities in Russia // Criminal Law. – 2011. – no. 2. – S. 76, 77.
3. Mehmet Emin Artuk,-Ahmet GOkCHen, A. Caner Yenidunya, General Provisions of Criminal Law. – Ankara, 2002. – P. 639.
CRIMINAL PROCESS
GADADOV Israfil Saidovich
postgraduate student of the 2nd year of study of the Russian State University of Justice
THE ROLE OF THE INVESTIGATOR IN THE FORMATION AND EVALUATION OF EVIDENCE IN CRIMINAL PROCEEDINGS
The main subject of proof at the stage of preliminary investigation is the investigator. According to the authors, the investigator is an independent subject of the obligation of proof in criminal cases. The investigator is given broad powers to carry out evidence during pre-trial proceedings in criminal cases. The authors of the article call upon the investigator, in accordance with the procedure provided for by the criminal procedure law, to express an opinion on the legal facts and circumstances established in the case, to collect and present evidence, as well as their sources, independently verify or participate in their verification and evaluation, formulate conclusions and procedurally significant decisions. The investigator’s work with evidence at the preliminary investigation is responsible, since errors of proof can lead to judicial errors.
Keywords: the concept of proof, investigator, investigation, judicial error, structure and elements of proof, subject of criminal procedural proof.
Work bibliographic list
1. Ignatov S. D. The status of the investigator as a subject of criminal procedural proof // Bulletin of the Udmurt University. – 2015. – No. 2. – P. 101-106.
2. Criminalistics: Textbook for legal. schools / A. I. Vinberg and B. M. Shaver; All-Union. in-t jurid. Sciences, Ministry of Justice of the USSR. – 4th ed., add. – Moscow: State. Publishing House of Law. lit., 1950 (Leningrad: Typ. “Pech. Dvor”). – 272 p.
3. Lupinskaya P. A. Decisions in criminal proceedings: theory, legislation, practice. 2nd ed., revised. and additional – M.: Norma, Infra-M, 2010. – 240 p.
4. Sadovsky AI Problems of formation of evidence by the investigator using special knowledge and technical means: abstract of the dissertation for the degree of candidate of legal sciences: specialty 12.00.09. – Saratov, 2013. – 30 p.
CRIMINAL PROCESS
LEVICHEV Danila Aleksandrovich
competitor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
THE ROLE AND SIGNIFICANCE OF THE PROSECUTOR’S SUPERVISION OVER THE ACTIVITIES OF THE PRELIMINARY INVESTIGATION BODIES
The article analyzes the provisions of domestic legislation, the opinions of individual researchers regarding the attribute characteristics of prosecutorial and supervisory activities in the field of criminal proceedings. The existing problems in the regulatory and legal regulation of the activities of prosecutors are outlined, and attempts have been made to assess the role and importance of prosecutors in overseeing the activities of preliminary investigation bodies at the present stage.
Keywords: prosecutor, prosecutor’s office, prosecutor’s supervision, preliminary investigation, investigation, inquiry, legality, law and order.
Work bibliographic list
1. Lang P.P. Human Rights Activities: Legal and Moral Aspects // Legal Bulletin of Samara University. – 2021. – V. 7. No. 2. – S. 14-20.
2. Lang P.P., Loshkarev A.V., Obukhova E.A. Bodies of prosecutors as subjects of administrative and tort relations // Institutional transformation of the legal environment in the context of digitalization of the economy: Proceedings of the VII International Scientific and Innovation Forum “How to Survive in a Digital era?” Samara, April 22-26, 2019. – Samara: Samara State University of Economics, 2019. – P. 188-192.
3. Prosecutor’s supervision: textbook and workshop for universities / A. F. Smirnov [et al.]; edited by A. F. Smirnov, A. A. Usachev. – 3rd ed., revised. and additional – Moscow: Yurayt Publishing House, 2021. – 483 p.
4. Churikova A. Yu. Topical issues of the prosecutor’s activities at the stage of preliminary investigation // Vestnik PAGS. – 2010. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-deyatelnosti-prokurora-na-stadii-predvaritelnogo-rassledovaniya (date of access: 09/15/2022).
5. Shabanov E. R. Prosecutorial supervision of the preliminary investigation: problems and development prospects // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (23). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prokurorskiy-nadzor-za-predvaritelnym-sledstviem-problemy-i-perspektivy-razvitiya (date of access: 09/15/2022).
6. Karyagina A. V. Problems of organizing prosecutorial supervision over the execution of laws by bodies carrying out preliminary investigation // Bulletin of TIUE. – 2020. – No. 2 (32). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-organizatsii-prokurorskogo-nadzora-za-ispolneniem-zakonov-organami-osuschestvlyayuschimi-predvaritelnoe-sledstvie (date of access me: 09/15/2022).
7. Lang P.P. Ideas of the Good in Law // Questions of Economics and Law. – 2020. – No. 142. – P. 15-19.
8. Lang P.P. Axiological principles of law // Russian justice. – 2018. – No. 8. – P. 2-4.
9. Criminal procedure law of the Russian Federation at 2 pm Part 1: textbook for universities / G. M. Reznik [and others]; under the general editorship of G. M. Reznik. – 3rd ed., revised. and additional – Moscow: Yurayt Publishing House, 2021. – 457 p.
CRIMINAL PROCESS
TITENKO Yuliya Evgenjevna
student of the 4th year of the School of the Law of the Far Eastern Federal University (Supervisor: Ph.D. in Law, associate professor, Head of Justice, prosecutorial supervision and criminalistics sub-faculty of the Law School of the Far Eastern Federal University A. F. Rekhovsky)
THE PROSPECT OF LITIGATION IS THE SPECIFIC INSTITUTION OF CRIMINAL PROCEEDING
In this research work the author examines the legal prospects that often takes place in law practice.
The author analyzes current legal norms of institution of criminal proceeding and the lawyers’ opinions about legal prospects. Moreover, some examples of criminal cases with different legal prospects were studied for special examination of the problem.
Keywords: criminal case, institution of criminal proceeding, legal prospects, forecasting, elements of actus reus, components of crime, fact in evidence, decision, prospective assessment, criminal proceedings.
Work bibliographic list:
1. The Criminal Code of the Russian Federation [Electronic resource]: fed. Law of June 13, 1996 No. 63-FZ. Access from the reference-legal system “Garant”. dated June 13, 1996 No. 63-FZ
2. Code of Criminal Procedure of the Russian Federation [Electronic resource]: fed. Law of December 18, 2001 No. 174-FZ. Access from the reference-legal system “Garant”.
3. Magomedov Sh.K. The problem of the grounds for initiating a criminal case // Education. The science. Scientific personnel. 2019. No. 2. S. 103-105.
4. Mursalov A. S. Reasons and grounds for initiating a criminal case // Law and law. 2019. No. 10. S. 108-109.
5. The results of the activities of the prosecutor’s office of the Russian Federation. [Electronic resource]. – Access mode: https://epp.genproc.gov.ru/web/gprf/activity/statistics/office/result (date of access: 09/23/2022).
6. Judicial perspective on a criminal case. [Electronic resource]. – Access mode: https://sarjurcomp.ru/index.php/stati2/obzor-rossijskoj-sudebnoj-praktiki-2/63-sudebnaya-perspektiva-po-ugolovnomu-delu-i-ee-znachenie-dlya-rassledovaniya ( date of access: 24.09.2022).
7. Explanatory Dictionary of Ozhegov and Shvedova. [Electronic resource]. – Access mode: https://gufo.me/dict/ozhegov/forecast (date of access: 24.09.2022).
8. Prospect of litigation Definition. [Electronic resource]. – Access mode: https://www.lawinsider.com/dictionary/prospect-of-litigation (accessed 23.09.2022).
CRIMINAL PROCESS
TREGUBOVA Ekaterina Anatoljevna
lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
FEATURES OF THE PRESENTATION OF EVIDENCE TO THE COURT DURING THE EXECUTION OF THE SENTENCE BY THE STAFF OF THE PENAL INSPECTION
The article analyzes the collection and presentation of evidence to the court during the execution of the sentence by the staff of the penal inspection. The stage of execution of the sentence contains a number of differences from other stages of the criminal process, since there is no criminal prosecution, the guilt of the person against whom the court verdict was passed and executed has been proven. However, this stage is characterized by a large number of issues that, when executing a sentence, are subject to resolution only in court. Consideration of the merits of these issues and the issuance of a lawful, reasoned decision by the court is possible only if there is appropriate evidence, which is presented by the staff of the penal enforcement inspectorate.
Keywords: criminal employee, representation, proof, court, resolution.
Work bibliographic list
1. Darovskikh S. M. The mechanism for implementing the principle of competition at the stage of execution of the sentence // Bulletin of the South Ural State University. – Series: Law. – 2009. – No. 17. – P. 23.
2. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions / Russian Academy of Sciences. Institute of the Russian Language. V. V. Vinogradova. – 4th ed., supplemented. – M.: Azbukovnik, 1998. – S. 172.
3. Strogovich M. S. Criminal trial. – M., 1946. – P.120.
4. Khmyrov A. A. Theory of proof. Proc. allowance. – Krasnodar, 2006. – P. 10.
CRIMINAL AND EXECUTIVE LAW
BEVZ Leonid Vladimirovich
senior lecturer of Mobilization and tactical-special training sub-faculty of the Academy of the FPS of Russia
ON THE ISSUE OF THE READINESS OF THE FORCES AND MEANS OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION IN CASE OF COMPLICATION OF THE OPERATIONAL SITUATION AND MEASURES TO IMPROVE IT
The author in the article considered the concepts of “emergency circumstances”, “emergency situation”, “operational situation” in relation to the bodies and in institutions of the penal enforcement system, identified the main features and gave a classification of emergency circumstances.
Taking into account the restrictive measures taken to counteract the spread of the new coronavirus infection COVID-19, the work on maintaining the readiness of the forces and means of the penal system of the Russian Federation is analyzed. The analysis of the current situation revealed the main shortcomings in the implementation of the requirements of the Decree of the Government of the Russian Federation dated 11/14/2014 1193 “On approval of the requirements for anti-terrorist protection of objects (territories) of the penal enforcement system and the form of the safety passport of objects (territories) of the penal enforcement system” in the territorial bodies of the Federal Penitentiary Service of Russia and educational organizations of the Federal Penitentiary Service of Russia, to which the author proposed the main directions for improving the current situation.
Keywords: emergency circumstances, emergency situation, operational situation, mass riots, anti-terrorist security, COVID-19 coronavirus infection, facility safety data sheet.
Work bibliographic list
1. Sukhov A. N. Communication of convicts under emergency circumstances in ITU. – Ryazan: Higher School of the Ministry of Internal Affairs of the USSR, 1984.
2. Vasilkevich Ya. I. Organizational and legal basis for the activities of the fire and rescue service of the Ministry of Internal Affairs of the Russian Federation in emergency situations: Dis. … cand. legal Sciences. – M., 1993.
CRIMINAL AND EXECUTIVE LAW
KOVAL Mikhail Ivanovich
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute of Training of Public Servants of the Academy of the FPS of Russia
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, senior lecturer of Civil law and process sub-faculty of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
ADMINISTRATIVE AND LEGAL ASPECTS OF THE ACTIVITIES OF CORRECTIONAL CENTERS OF THE FEDERAL PENITENTIARY SERVICE OF THE RUSSIAN FEDERATION
The article discusses the legislative provisions of the use of forced labor as one of the types of punishment. The stages of its formation and application from the position of executive bodies are analyzed. The practical features of the activity of correctional centers are considered, using the example of the Federal Penitentiary Service of Russia in the Ryazan region. Attention is focused on the effectiveness of its wider application and execution, taking into account the adaptation of convicts and the prevention of offenses.
Keywords: correctional centers, forced labor, imprisonment, convicts, penal enforcement system, Federal Penitentiary Service, labor adaptation center, offenses, decriminalization of persons.
Work bibliographic list
1. Federal Law of December 7, 2011 No. 420-FZ (as amended on July 3, 2016) “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” // Collected Legislation of the Russian Federation. – 12.12.2011. – No. 50. – Art. 7362.
2. Law of the Russian Federation of July 21, 1993 No. 5473-1 (as amended on May 26, 2021) “On Institutions and Bodies Executing Criminal Punishments in the Form of Deprivation of Liberty” // Gazette of the SND and the Armed Forces of the Russian Federation. – 19.08.1993. – No. 33. – Art. 1316.
3. 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. – 05/17/2021. – No. 20. – Art. 3397.
4. Order of the Ministry of Justice of the Russian Federation of 01.04.2008 No. 80 “On approval of the approximate Regulations on the Center for labor adaptation of convicts or the training and production (labor) workshop of an institution executing criminal penalties in the form of deprivation of liberty, and the approximate Regulations on the medical and industrial (labor) workshop institutions executing criminal sentences in the form of deprivation of liberty “(Registered in the Ministry of Justice of the Russian Federation on 04/09/2008 No. 11495) // Rossiyskaya Gazeta. – No. 82. – 04/16/2008.
5. Order of the Ministry of Justice of Russia dated December 26, 2019 No. 323 “On approval of the Procedure for the creation and functioning of sections of correctional centers located outside correctional centers, but within the constituent entities of the Russian Federation on whose territory they are located” (Registered in the Ministry of Justice of Russia on January 21, 2020 No. 57211 ) // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 01/21/2020.
6. Decree of the Federal Penitentiary Service of the Russian Federation of October 31, 2009 No. 313-r “On the preparation of contracts for the provision of services for the provision of labor” (together with the “Methodological recommendations for the preparation of contracts for the provision of services for the provision of labor from among convicts when organizing interaction with third-party partners ”) // Gazette of the penitentiary system. – No. 8. – 2010.
CRIMINAL AND EXECUTIVE LAW
KOROLCHUK Olga Olegovna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
THE FUNCTIONS OF PUBLIC ORGANIZATIONS IN THE CORRECTION OF JUVENILE CONVICTS
The article analyzes the legal status of the possibilities of public organizations in the educational of juvenile convicts, examines the practice of cooperation between public organizations and bodies of the penitentiary system that work with a contingent of this kind. The issues of attracting religious organizations and the formation of volunteer detachments to the educational process, the need for special training of representatives of public organizations to obtain the right to work with the appropriate contingent have been worked out, accents in the practical daily work of public organizations have been outlined. The mechanisms of education of convicts, the effectiveness of the use of free time, the performance of spiritual, moral and patriotic education, the development of the desire for socially useful activities, providing social support to the population are considered. It is planned to expand the tools for educating juvenile convicts in the form of preparing instructions on the procedure for the activities of volunteer detachments.
Keywords: public associations, public organizations, human rights organizations, criminal enforcement inspection, minor, volunteering, correction, prevention of repeat crime.
Work bibliographic list
1. Zubkova V. I. On some issues of the implementation of the Concept for the development of the penitentiary system of the Russian Federation until 2025 // Criminal Executive Law. – 2021. – V. 13 (1-4). – No. 3. – S. 295.
2. Ignatenko V. I. Prevention of antisocial lifestyle and recidivism of juvenile crimes. Monograph. – Ryazan: RGGU publishing house, 2021. – P. 130.
3. Levanov A. Yu. The place and role of the Orthodox Church in the domestic penitentiary policy // Man: crime and punishment. – 2018. – No. 4. – P. 36.
4. Decree of the Government of the Russian Federation of December 27, 2018 No. 2950-r “On Approval of the Concept for the Development of Volunteering (Volunteering) in the Russian Federation until 2025”.
CRIMINAL AND EXECUTIVE LAW
KURBANMAGOMEDOV Magomed Ramazanovich
magister student of the 2nd year of study of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alekseevna
senior lecturer of Criminal law and process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF LEGAL REGULATION OF THE ORGANIZATION OF EDUCATIONAL INFLUENCE ON CONVICTS
The article discusses some aspects of the legal regulation of the organization of educational influence on convicts. The analysis of statistical data and judicial practice in cases of this category allowed the author to come to the conclusion that, in its content and essence, educational work is generally psychological and pedagogical, and not legal activity. It influences convicts mainly for educational purposes and is used exclusively by its own means, forms and methods.
The authors comes to the conclusion that the legal regulation of educational work of convicts deprived of liberty is the main factor of their socialization; educational work with convicts in penitentiary institutions is regulated by legislative acts; at present, the level of legal regulation of educational work in places of deprivation of liberty does not correspond to its practical application; insufficient legal regulation of educational and social work in places of deprivation of liberty, it is an obstacle to the rehabilitation of convicts.
Keywords: educational work, convict, correctional colonies, penal colonies, prisons, deprivation of liberty.
Work bibliographic list
1. Official website of the Federal Penitentiary Service. – [Electronic resource]. – Access mode: http://fsin.rf/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/
2. Antonyan E. A., Antonyan Yu. M. Russian course of penal law. – M.: Elit, 2013. – 696 p.
3. Detkov M. G. Educational work as the main means of influencing convicted persons // Bulletin of the Samara Humanitarian Academy. Right. – Samara: Samar Publishing House. humanit. Acad., 2016. – No. 2. – P. 46-55.
4. Zubarev S. M. Penitentiary law: a short course of lectures. – M.: Yurayt, 2016. – 176 p.
5. Malinin V. B., Smirnov L. B. Penal law: a textbook for law schools and faculties. – M.: Wolters Kluver, 2009. – 368 p.
6. Orlov VN Penitentiary law: teaching aid. – M.: Ileksa, 2009. – 256 p.
7. Petrenko N. I. Formation and development of the management of the penitentiary system in Russia. – Cheboksary: ChKI MUPC, 2002.
8. Tagantsev N. S. Russian criminal law. – Tula: Autograph, 2001. – 800 p.
9. Trunov I. L. Penitentiary law of the Russian Federation. – M.: Eksmo, 2014. – 768 p.
CRIMINAL AND EXECUTIVE LAW
NASREDDINOVA Kristina Alexandrovna
Ph.D. in Law, associate professor, Head of Criminal and, criminal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
KAMENEVA Iraida Mikhaylovna
cadet oft he 4th course of the Samara Law Institute of the FPS of Russia
FEATURES OF INTERACTION OF INSTITUTIONS EXECUTING PUNISHMENTS WITH CIVIL SOCIETY DURING THE PANDEMIC
Public control over the activities of institutions and bodies of the penal enforcement system of the Russian Federation is an effective mechanism to guarantee the observance of the rights, freedoms and legitimate interests of convicts, suspects and accused persons in places of forced detention. During the period January-December 2021, 3030 visits were made by members of public monitoring commissions (hereinafter referred to as PMC) to institutions executing sentences, 390 meetings of commissions of correctional institutions were held, considering issues related to the realization of the rights and legitimate interests of convicts, in which members of the PMC participated.
The authors consider the key points related to the organization of public control over the activities of medical institutions during the period of coronavirus infection (COVID-19). The individual points of the methodological recommendations to the members of the ONC are analyzed, which provide for the preferential control over the rights and legitimate interests of persons held in places of forced detention in a remote format.
The authors concluded that the introduction of digital technologies (videoconferencing, telemedicine, etc.) into the activities of institutions executing sentences is an effective and promising way to improve the procedure for the execution and serving of sentences.
In addition, the paper presents the results of a survey of convicts on the use of videoconferencing and telemedicine in practice in one of the colonies of the Federal Penitentiary Service of Russia in the Samara region.
In conclusion, it was concluded that in order for the interaction of the Federal Penitentiary Service of Russia with public associations to be effective, in order to increase the level of trust of citizens, it is necessary to change the vector and be ready to become a more open system for the public.
Keywords: FPS of Russia, pandemic, public associations, public monitoring commissions, new forms and methods, coronavirus infection, telemedicine, VCS.
Work bibliographic list
1. Key performance indicators of the penitentiary system January-December 2021: information and analytical collection. – Tver: FKU NIIT FSIN of Russia, 2021. – 406 p.
2. The Federal Penitentiary Service of Russia reports // Federal Penitentiary Service of Russia. Home. News: official site. [Electronic resource]. – Access mode: https://fsin.gov.ru/news/index.php?ELEMENT_ID=502612 (date of access: 06/06/2022).
3. Based on the materials of the extended meeting of the HRC Working Group on Assistance to PMCs and Penitentiary Reform // Council under the President of the Russian Federation for the Development of Civil Society and Human Rights. [Electronic resource]. – Access mode: http://onk.su/news/1760.html (accessed 06/20/2022).
4. Skiba A.P., Maloletkina N.S. Public control over the activities of the penitentiary system: the subject and types of subjects // Bulletin of the Samara Law Institute. – 2020. – No. 2 (38). – S. 69.
5. First Aid Library // Federal Penitentiary Service of Russia. Home. For relatives: official site. [Electronic resource]. – Access mode: https://fsin.gov.ru/For_families/biblioteka-pervoy-pomoshchi/ (date of access: 06/06/2022).
6. The Federal Penitentiary Service, together with the Public Chamber of the Russian Federation, held a “direct conversation” with representatives of the POC // Federal Penitentiary Service of Russia. Home. News: official site. [Electronic resource]. – Access mode: https://fsin.gov.ru/news/index.php?ELEMENT_ID=601389 (date of access: 06/06/2022).
CRIMINAL AND EXECUTIVE LAW
MINKOVA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Management and organization of the UIS sub-faculty of the Academy of the FPS of Russia
LABOR ADAPTATION IN THE PROCESS OF RESOCIALIZATION OF THOSE SENTENCED TO IMPRISONMENT
The article is dedicated to the problem of labor adaptation of convicts in correctional institutions of the penitentiary system. The cardinal changes that have taken place in the penitentiary policy of Russia have conceptually changed the approach to assessing the labor activity of the special contingent and put its importance in the process of resocialization and social adaptation of convicts through the formation of socially useful labor and professional skills in them, which should be in demand in the post-penitentiary period. All of the above confirms the need to find new approaches to improve the efficiency of labor adaptation of convicts to deprivation of liberty.
Keywords: labor adaptation, sentenced to deprivation of liberty, efficiency of labor activity, production sector of the penitentiary system, correctional institution.
Work bibliographic list
1. Dyatlov Yu. N. Conceptual issues of labor adaptation of convicts in the context of the current stage of penitentiary development policy // Technique and safety of objects of the penitentiary system: collection of materials of the International scientific and practical conference: in 2 volumes, Voronezh, May 20-21, 2020. – Voronezh: Publishing and Printing Center “Scientific Book”, 2020. – P. 13-16.
2. Emelyanova E. V., Popova T. V. Economic and organizational and legal basis for the labor adaptation of convicts sentenced to deprivation of liberty in Russia: a study guide. – Vladimir: VUI FSIN of Russia, 2010. – 259 p.
3. Karpets I. I. The cause we serve. – M., 1989. – 356 p.
4. Minkova E. A. Employment of convicts in the process of determining penitentiary crime // Man: crime and punishment. – 2014. – No. 4 (87). – S. 121-125.
5. Shamsunov S.Kh. Modern problems of labor organization and social rehabilitation of convicts, taking into account the requirements of international standards // Penitentiary system: law, economics, management. – 2006. – No. 5. – S. 2-8.
CRIMINAL AND EXECUTIVE LAW
POPOVA Elena Eduardovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Russian State University of Justice
LEGAL REGULATION OF THE PARTICIPATION OF PUBLIC ASSOCIATIONS IN EDUCATIONAL WORK WITH CONVICTS REGISTERED WITH THE CRIMINAL EXECUTIVE INSPECTIONS
Taking into account the consistent decrease in the number of persons held in institutions of the penal enforcement system, while increasing the number of convicts registered with the penal enforcement inspections, it is relevant to study the scope of execution of punishments not related to the isolation of convicts from society.
In the article, the author examines the issues of legal regulation of educational work with convicts who are registered by the penal enforcement inspections, as well as participation in such activities of public associations and the consolidation of their powers in the penal enforcement legislation.
Keywords: penal enforcement inspections; criminal penalties; confirmed person; execution of punishments; educational work; public associations.
Work bibliographic list
1. Seliverstov V. I. The concept of developing a scientific and theoretical model of the General part of the Penitentiary Code of the Russian Federation / The general part of the new Penitentiary Code of the Russian Federation: results of theoretical modeling / Ed. Doctor of Law, Professor V. I. Seliverstov. – M.: Publishing House “Jurisprudence”, 2016. – 80 p.
2. Popova E. E. The problem of legal regulation of society’s participation in penitentiary activities according to the scientific and theoretical model of the Penal Code of the Russian Federation // Gaps in Russian legislation. – 2016. – No. 7. – P. 136-139.
CRIMINAL AND EXECUTIVE LAW
PROKHOROVA Mariya Vladimirovna
Ph.D. in Law, Head of Organization of the execution of punishments sub-faculty of the FKU DPO Tomsk IPKR of the FPS of Russia, lieutenant colonel of internal service
INTERDEPENDENCE OF PERCEPTION BY EMPLOYEES OF EDUCATIONAL COLONIES OF THE USE OF INCENTIVE MEASURES FOR CONVICTS AND EVALUATION OF THEIR EFFECTIVENESS
The application of incentive measures to convicts held in educational colonies is aimed at positively stimulating their behavior during the period of serving their sentence and contributes to the effective achievement of the goals of the penitentiary legislation of the Russian Federation. At the same time, the very procedure for the implementation of incentive measures depends not only on its legal regulation, but also on the subjective factor, which often determines the choice of one or another incentive measure. Such a subjective factor is the perception of the system of measures to encourage convicts by the employees of educational colonies. In 2019-2022 we conducted a study, the purpose of which was to study the perception by employees of the importance of achieving the goals of the penitentiary legislation, as well as the effectiveness of the implementation of its various institutions, including incentive measures. An analysis of the results of the study led to the conclusion that the system of measures to encourage convicts in its perception by employees of educational colonies is distorted. This requires a complete revision of the existing procedure for the execution of punishment in the form of deprivation of liberty in educational colonies and the system of incentives in particular.
Keywords: convicts, educational colonies, incentive measures, employees, efficiency.
CRIMINAL AND EXECUTIVE LAW
SEVOSTYANOVA Anna Gennadjevna
lecturer of Philosophy and all-humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KHASANOVA Viktoriya Andreevna
cadet of the Samara Law Institute of the FPS of Russia
INTERACTION OF CIVIL INSTITUTIONS OF SOCIETY WITH PENITENTIARY STRUCTURES: EXPERIENCE OF FOREIGN COUNTRIES
The issue of interaction of public structures with penal institutions and bodies in foreign countries is considered. The role of civil society institutions in the observance of the convicts` rights is traced. Attention is drawn to the need for such intereaction in a modern democratic society and state. This article discusses the issue of crime prevention among juvenile delinquents in foreign countries. The methods and techniques used in European countries are recognized as the most effective methods of working with a contingent of this kind. A comparative analysis of the penal system peculiarities abroad is a necessary condition for improving domestic mechanisms of influencing the personality of convicts in the process of their correction.
Keywords: society, civil institutions, penitentiary sphere, religious organizations, probation service.
Work bibliographic list
1. Kovalev N. P. Analytical note “Penitentiary systems: a comparative analysis of organizational and legal forms.” [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30386356&pos=29;-25#pos=29;-25.
2. Melnikova E. B. Juvenile justice: problems of criminal law, criminal procedure and criminology: textbook. allowance. – M .: Delo, 2000. – S. 28.
3. The Law of Georgia “On the procedure for the execution of sentences not related to detention and probation”. [Electronic resource]. – Access mode: https://matsne.gov.ge/ru/document/download/33400/10/ru/pdf.
4. Nellis M. (2007) ‘Humanising Justice: The English Probation Service up to 19 72’. pp. 25-58 in Handbook of Probation, edited by L. Gelsthorpe and R. Morgan. – Cullompton: Willan Publishing.
CRIMINAL AND EXECUTIVE LAW
CHEREZOVA Maria Alexandrovna
Ph.D. in philological sciences, associate professor, Deputy Head of Philosophy and general humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
INDIA’S EXPERIENCE IN THE ISSUE OF SOCIAL WORK WITH CONVICTS
The article offers a research of India’s experience in the field of social work with convicts. The author examines foreign experience in the issue of social and another support of convicts in order to implement the considered experience in penal institutions of the Russian Federation.
Keywords: convicts, social work, reintegration.
Work bibliographic list
1. About Sir Dorabji Tata. [Electronic resource]. – Access mode: https://www.tatatrusts.org/about-tatatrusts/about-sir-dorabji-tata (accessed: 10/18/2022).
2. Gajbhiye V. Varhad: Ensuring proper legal help to needy accused // The Hitavada. [Electronic resource]. – Access mode: https://www.thehitavada.com/Encyc/2022/3/20/Varhad-Ensuring-proper-legal-help-to-needy-accused.html (accessed: 10/18/2022).
3. Give India. [Electronic resource]. – Access mode: https://gi.giveindia.org/ (accessed: 10/18/2022).
4. Kaur N., Roy S. Mental Health Status of Incarcerated Women in India: A Perspective from a Social Worker // Indian Journal of Gender Studies. – 2021. – Vol. 29(1). – P. 113-130.
5. Ram Sh. G. Jhappis in jail: This NGO unites inmates with their children // The Times of India. [Electronic resource]. – Access mode: https://timesofindia.indiatimes.com/home/sunday-times/jhappis-in-jail-this-ngo-unites-inmates-with-their-children/articleshow/65273820.cms (accessed: 18.10. 2022).
6. Ronald Y. Social Work Intervention with Prisoners: The Case of VARHAD in Maharashtra // Rajagiri Journal of Social Development. – 2011. – Vol. 3(182)-P.99-108.
7. Varhad. [Electronic resource]. – Access mode: https://varhad.org/ (accessed: 10/18/2022).
8. Voluntary Action for Rehabilitation and Development: Varhad. [Electronic resource]. – Access mode: https://wiser.directory/organization/voluntary-action-for-rehabilitation-and-development-varhad/ (accessed: 10/18/2022).
CRIMINALISTICS
EROKHIN Roman Anatoljevich
lecturer of Operational investigative activities and special equipment sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
ANTONENKO Alina Eduardovna
lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
PROBLEMS OF LEGISIATION EGISIATION IN THE FIELD, REGULATING THE USE OF SPECIAL CHEMICALS IN THE OPERATIONAL – SEARCH ACTIVITIES OF THE INTERNAL AFFAIRS BODIES
The article presents an analysis of the legal framework regulating the use of special chemical substances by operative units of internal affairs bodies and offers possible solutions to the identified problems, as well as studies the problem associated with the evidential value of the results obtained during the use of special chemical substances by operative units of internal affairs bodies.
Keywords: special chemicals, coloring substances, marking substances, special means, means of identification, chemical traps, passive traps, active traps.
Work bibliographic list
1. Averyanova T. V., Belkin R. S., Korukhov Yu. G., Rossinskaya E. R., Averyanova T. V. Criminalistics: textbook. – 3rd ed., revised. and additional – M.: Norma: Infra-M., 2012. – 944 p.
2. Criminalistics: textbook / Ed. ed. O. V. Chelysheva / St. Petersburg. University of the Ministry of Internal Affairs of Russia. – St. Petersburg: LLC N “R-Kopi”, 2017. – 580 p.
3. Grachev Yu. A., Demidov V. A. Special equipment of internal affairs bodies. Special part: tutorial / Ed. V. A. Demidov. – St. Petersburg: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, LLC “R-Kopi”, 2016. – 232 p.
CRIMINOLOGY
EVLUSHINA Darya Nikolaevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
ON SEPARATE ASPECTS OF CORRUPTION CRIMES
The article discusses the key aspects of corruption-related crimes regarding the causes and conditions for their commission, typical forms and signs of manifestation, as well as the work considers preventive measures for corruption crimes. The author paid attention to the high latency and significant factors that reduce the effectiveness of detecting and investigating crimes in this category of crimes.
Keywords: corruption, crimes, investigator, official, counteraction, prevention.
Work bibliographic list
1. Decree of the President of the Russian Federation of May 19, 2008 No. 815 “On anti-corruption measures” (as amended and supplemented, last dated May 17, 2021)
2. Vlasov I. S., Kolesnik A. A., Koshaeva T. O. et al. Legal acts: anti-corruption analysis. Scientific and practical guide. – Moscow: Contract, Wolters Kluver, 2010. – 176 p.
3. Kufterin A. N., Pushkarev V. V. Investigation of economic crimes and corruption crimes: textbook. – Ryazan, 2016. – 75 p.
4. Makarenko M. M., Pushkarev V. V. Investigation of crimes in the sphere of economy and corruption crimes. Tutorial. – M., 2018. – 200 p.
5. The concept and essence of modern corruption. Scientific article in the Almanac “Young Internationalist”. Issue. No. 11. – Vladivostok, 11/20/2008.
6. Latov Yu. V. Corruption: causes, economic consequences and influence on the development of society // Investigator. – Moscow, 2014. – No. 2 (190). – S. 38-41.
CRIMINOLOGY
ISMAILOV Gadzhimurad Osmanovich
magister student of the 2nd course of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
TAILOVA Aisha Gabibovna
PhD in Law, Associate Professor of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGDILOV Nurmagomed Magomedovich
lecturer of Criminal process sub-faculty of the North-Caucasian Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
SEPARATE ISSUES OF CRIMINAL LIABILITY FOR BANDITRY
The article analyzes certain aspects of criminal responsibility for banditry, gives a general description of the composition of the crime. The proposal to reduce the age of criminal responsibility for banditry affects you. the differentiation of banditry from terrorism is given. The analysis of the issues of struggle, prevention, differentiation of banditry is given. Proposals have been made to improve the current legislation providing for criminal liability for banditry.
Keywords: banditry, composition analysis, delineation, complicity, terrorism.
Work bibliographic list
1. Agaeva K. T. Involvement of minors in the commission of a crime and antisocial acts. – Text: direct // Implementation of constitutional principles in modern Russian legislation. – 2016. – No. 2. – P. 30–31.
2. Gaukhman L. D., Maksimov S. V. Responsibility for the organization of the criminal community // Legitimacy. – 1997. – No. 2. – P. 67 – Text: direct.
3. Komissarov V. S. Armament as a sign of banditry // Laws of Russia: experience, analysis, practice. – 2012. – No. 11. – P. 21 – Text: direct.
4. Torkunov M. A. Problems of criminal liability for committing especially grave crimes under the Criminal Code of the Russian Federation. // Law in the Armed Forces. – 2014. – No. 8. – P. 63 – Text: direct.
5. Criminal law of Russia: Textbook for universities: In 2 volumes / Ed. A. N. Ignatova, Yu. A. Krasikova. T. 1: General part. – M.: Norma, 2013. – S. 86.
CRIMINOLOGY
MUSAEV Kazbek Batyrovich
Ph.D. in Law, senior lecturer of Economic, legal and general education disciplines sub-faculty of the branch of the Dagestan State University in Izberbash
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
MIRZAYEVA Zeynab Zakirovna
senior lecturer of Legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
CRIMINOLOGICAL FEATURES OF THEFT COMMITTED BY MINORS
The article examines the criminological features of thefts committed by teenagers, as well as the personality characteristics of the criminal. The article analyzes some aspects of the current state of thefts in Russia and their dynamics, the reasons for the theft of property by minors. In addition, the article discusses some modern methods of committing thefts.
The main directions of prevention of teenage thefts are considered, as well as the features of the activities of the internal affairs bodies for the prevention and suppression of violent crimes, the problems of interaction of subjects of prevention of juvenile delinquency.
Keywords: prevention, theft, minors, teenagers, internal affairs bodies, mercenary crimes.
Work bibliographic list
1. Criminology / Resp. ed. B. V. Korobeinikov, N. F. Kuznetsova, G. M. Minkovsky. – M., 1988. – S. 349-351.
2. Samosvat N. S. Forensic characteristics of thefts from apartments committed by minors // Science, education and culture. – 2017. – No. 6.
3. Skibin S. N. Features of the investigation of thefts and thefts of cars or other vehicles. – Rostov-on-Don, 2007. – P. 10.
CRIMINOLOGY
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
DAITOVA Patimat Isaevna
senior lecturer of Economics and law and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
COMPREHENSIVE MECHANISM FOR COMBATING CROSS-BORDER TERRORISM
The article analyzes the nature of transnational (international) terrorism as a source of global problems of our time. International terrorism is becoming widespread in the world against the background of escalating contradictions in the interaction of the States. It is particularly important to note that the information revolution taking place against the background of the globalization process is changing the main indicators of international security. A comprehensive national anti-terrorist strategy should address a variety of issues – defense, law enforcement, intelligence, diplomacy, economic development, education, promotion of socio-political justice – in the context of policies that promote national security.
Keywords: international terrorism, transnational terrorism, national security, international cooperation,
Work bibliographic list
1. Alexander Solzhenitsyn, The Gulag Archipelago, cited in Kirsten Ainley, Individual Agency and Responsibility for Atrocities, 49th Annual UIA Convention, San Francisco, March 26-29, 2008.
2. John F. Murphy, “Defining International Terrorism: A Way Out of the Quagmire” (1989) 19 Israel Yearbook on Human Rights 13, 14.
3. Alex P. Schmid and Albert J. Jongman, Political Terrorism: A New Guide to Actors, Authors, Concepts, Databases, Theories, and Literature (1988).
4. Raphael Pearl, US Counterterrorism Strategy and the 9/11 Commission Report, Congressional Research Service, Library of Congress, 2005.
CRIMINOLOGY
SKIFSKAYA Anna Leonidovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SKIFSKAYA Kseniya Nikolaevna
magister student of the Institute of State and Law of the Tyumen State University
THE ROLE OF THE INTERNET IN THE CRIMINAL SUICIDE OF MINORS: FEATURES OF THE INVESTIGATION OF CRIMINAL CASES
This article, which is a continuation of the authors’ research on the topic of juvenile criminal suicide, reveals the problems of investigating this category of criminal cases. Prevention of the commission of crimes by the perpetrators, as well as the suicide itself by the victims, is not only a regulatory and methodological framework. In their work, the authors analyze the initial investigative actions upon the discovery of the corpse of a minor to consider all investigative versions, highlight the features of their conduct and significance in obtaining forensic information.
Also, the authors have identified several problems that arise during the investigation of this category of criminal cases. These include the imperfection of the methodological basis of the investigation; neglect of individual investigative actions; difficulties in obtaining extraterritorial information, as well as a high probability of rapid destruction of important forensic information.
Keywords: incitement to suicide, criminal suicide, suicide of minors, destructive groups, social networks, suicide investigation, extraterritorial information, article 110 of the Criminal Code of the Russian Federation.
Work bibliographic list
1. Gvozdeva I. S., Yuzhaninova A. L. Problems of investigating the inducement of minors to commit suicide using the Internet // Bulletin of the Saratov State Law Academy. – 2017. – No. 5 (118). – P.236-241.
2. Ilyin N. N. Features of an investigative examination in cases of bringing minors to suicide using the Internet // Journal of Applied Research. – 2021. – Number 6 volume 2. – P. 173-178.
3. Kot E. A. Tactics of investigative actions in cases related to inciting minors on the Internet to commit suicide // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (44). – S. 178-184.
4. Ozerov I. N., Saakov T. A. Some tactical features of the initial stage of disclosure and investigation of crimes related to incitement to suicide through the Internet // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (56). – S. 94-98.
5. Saakov T. A. Forensic diagnostic study of the author’s demographic characteristics: theory and practice. – M.: Yurlintifnorm, 2021. – 240 p.
6. Rossinskaya E. R., Saakov T. A. Problems of collecting digital traces of crimes from social networks and instant messengers // Criminalistics: yesterday, today, tomorrow. – 2020. – No. 3 (15). – S. 101-122.
7. Kot E. A. Separation of investigative examination from other investigative actions: procedural and tactical aspects // Union of criminalists and criminologists. – 2019. – No. 2. – P. 74-78.
8. Mikhalevich VV Legal nature of the Internet // Legal informatics. 2012. – No. 1. – P. 44–49.
9. Gribanov E. V. Criminogenic potential of mass media // Crime in the sphere of information and telecommunication technologies: problems of prevention, detection and investigation of crimes. – 2015. – No. 1. – S. 38-40.
CRIMINOLOGY
STEPANENKO Diana Arkadjevna
Ph.D. in Law, professor, professor of Criminology, forensic examinations and legal psychology sub-faculty of the Institute of Justice of the Baikal State University
LEGAL ASSESSMENT OF BLOCKCHAIN IN DIGITAL CRIMINOLOGY
Blockchain represents an evolutionary stage in the development of digital systems in public systems and the connections between them. The availability, anonymity and security of blockchain in terms of transactions activates the use of technology, both for commercial and civil purposes. As a result, there is a need for legal assessment and legal regulation of blockchain in all areas of technology application. The object of research is digital criminalistics, as a new segment of criminalistics in terms of preventing and countering the commission of crimes in the information space. The subject of the study is blockchain, as a technology of an open digital book, the content of which is determined through transaction records. The purpose of the study is to consider the content of the legal assessment of blockchain in the framework of digital forensics. The result of the study – it was revealed that there is no developed mechanism for the right assessment of the blockchain as a whole, but at the same time the substantive aspects of the legal assessment of the blockchain in some mandatory part of maintaining the confidentiality of information are indicated.
Keywords: digital book, digital footprint, forensics, transaction, information system.
Work bibliographic list
1. Umarov Kh. S. Influence of blockchain technologies on transformation of state and corporate processes // Discussion. – 2021. – No. 6 (109). – S. 28-36. – DOI 10.46320/2077-7639-2021-6-109-28-36. – EDN NGQBHZ.
2. Pollitt M. A history of digital forensics // IFIP International Conference on Digital Forensics. – Springer, Berlin, Heidelberg, 2010. – P. 3-15.
3. Skobelin S. Yu. Digital forensics: object and directions of development // Russian investigator. – 2020. – no. 4. – S. 42-44.
CRIMINOLOGY
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
DAITOVA Patimat Isaevna
senior lecturer of Economics and law and general education disciplines sub-faculty of the Dagestan State University, branch in Izberbash
CRIMINOLOGICAL ANALYSIS AND FEATURES OF PREVENTION OF CERTAIN CATEGORIES OF RECKLESS CRIMES
The article presents a criminological analysis of reckless criminality. Structures on the carrier of reckless criminality are divided, taking into account their specifics, into groups: professional crime, domestic crime, industrial crime. Each of them is characterized by its own characteristics, significance, “viability”. Measures for further prevention of this category of crimes are proposed.
Keywords: reckless criminality, criminological analysis, crime prevention.
Work bibliographic list
1. Portal of legal statistics: General Prosecutor’s Office Ros. Federation. [Electronic resource]. – Access mode: http://crimestat.ru/offenses_chart (date of access: 09/18/2022).
2. Dashkov G. V., Koroleva M. V., Matskevich I. M. et al. Criminology: textbook / Ed. ed. V. E. Eminov. M: Prospekt, 2020. S. 36 Text: direct.
3. Inshakov S. M. Foreign criminology. Moscow: Yurayt, 2016. P. 45. ISBN 978-5-7783-5180-8. [Electronic resource]. – Access mode: http://www.iprbookshop.ru/71192.html. EBS “IPRbooks” (date of access: 24.09.2022).
LEGAL PROCEEDINGS
STRELNIKOVA Irina Yurievna
Ph.D. in Law, associate professor, Head of Theory and history of law and state Crimea sub-faculty of the Russian State University of Justice
TROFIMOV Sergey Anatoljevich
Ph.D. in Law, associate professor, professor of State and law disciplines sub-faculty, Director of the Russian State University of Justice
RUDENKO Artem Valerjevich
Ph.D. in Law, associate professor, Head of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
BONDARCHUK Ilya Vladimirovich
Ph.D. in Law, associate professor of State and law disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
ON THE QUESTION OF THE ENFORCEABILITY OF JUDICIAL ACTS
With the complication of public relations, the question of the enforceability of judicial acts acquires a new sound. The enforceability of judicial acts covers not only the totality of organizational and legal mechanisms for the timely and complete execution of judicial acts, but also the possibility of being actually executed.
The article examines the variety of approaches to understanding the enforceability of judicial acts. Attention is drawn to the need to separate the concepts of execution and enforceability of judicial acts.
Keywords: enforceability of judicial acts, requirements for judicial acts, the right to judicial protection.
Work bibliographic list
1. Civil and commercial law (encyclopedic dictionary of Brockhaus and Efron) in 10 volumes. Volume 3. “Civil turnover” – “Retrieval of documents” / S. M. Barats [et al.]; compiled by V. A. Belov. – Moscow: Yurayt Publishing House, 2022. – 387 p. – (Anthology of thought). – ISBN 978-5-534-04720-2. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/499055 (date of access: 09/28/2022).
2. Zavadskaya LN Implementation of judgments. – M.: Nauka, 1982. – 141 p.
3. Civil process: textbook / Ed. S. V. Nikitina. – Moscow: RGUP, 2016. – 388 p. – ISBN 978-5-93916-518-1. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1006751 (date of access: 09/29/2022).
4. Fursov D. A., Kharlamova I. V. The theory of justice: in a brief three-volume presentation on civil cases. – Moscow: Statute, 2009. – Vol. 2: Civil legal proceedings as a form of administration of justice. – 2009. – 597 p.
LAW ENFORCEMENT AUTHORITIES
GEDUGOSHEV Ratmir Ruslanovich
senior lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, Lieutenant Colonel of Police
DAUROV Alim Ibragimovich
lecturer of Fire training sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
TOPICAL ISSUES OF LAWFUL USE OF FIREARMS BY POLICE OFFICERS
The article reveals the issues of the lawful use of weapons by police officers in extreme situations of official activity. Cases when an employee needs to use his service weapon are fraught with many contradictions, both from a public point of view and from a legal point of view. This is due to the fact that any weapon is a great public danger, no matter in whose hands it is, and every law enforcement officer must be clearly aware of this before resorting to the use of his weapon. This is especially true for inexperienced officers who have just entered the service of law enforcement agencies with no work experience as such, as they can succumb to feelings of fear and excitement and drunkenly assess the situation around them before proceeding to extreme measures. In this regard, the weapon in their hands becomes even more dangerous and the risk of casualties increases, both among the population, and the threat to the police officer himself increases, since not every criminal, seeing that the police are ready to use weapons against him, leaves resistance attempts.
Keywords: firearms, police officers, aggressive behavior, offender, public danger, defense and self-defense.
Work bibliographic list
1. Federal Law “On the Police” dated February 7, 2011 No. 3-FZ. – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_110165/ (date of access: 09/12/2022).
2. Abidov R. R. Legal basis for the organization of fire training of police officers // Journal of Applied Research. – 2021. – T. 1. – No. 5. – S. 88-91.
3. Gedgafov M. M. Formation of professional readiness among police officers for the lawful use of firearms // Journal of Applied Research. – 2022. – No. 4-1. – S. 89-93.
4. Mukhtarov D. D. Topical issues of shooting training for police officers // In the collection: The best pedagogical work 2021. Collection of articles of the International Research Competition. – Penza, 2021. – S. 101-103.
5. Cherkesov A. Yu. Fire training of police officers as part of service and combat training // In the collection: Innovations in science and practice. Collection of works based on materials of the VI All-Russian competition of scientific research works. – Ufa, 2021. – S. 104-109.
6. Cherkesov A. Yu. Pedagogical conditions for improving the fire training of police officers // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 227-229.
LAW ENFORCEMENT AUTHORITIES
KAZNACHEEV Valeriy Aleksandrovich
Ph.D. in science psychologicals, associate professor of Physical and tactical-special training sub-faculty of the Samara Law Institute of the FPS of Russia
THE ROLE OF PHYSICAL TRAINING IN THE OFFICIAL ACTIVITY OF AN EMPLOYEE OF THE PENITENTIARY SYSTEM
Currently, it is difficult to overestimate the importance of physical training in the process of performing the official activities of employees of the penal enforcement system. The article presents the definition of physical training of employees of the penitentiary system, as well as its direct role in the process of performing their daily official duties by employees of the Federal Penitentiary Service of Russia.
The author notes that physical training is important not only for the performance of everyday official tasks, but also for the overall development of employees of the penal enforcement system, as well as for their effective activities in a non-standard, stressful situation. In addition, at present, the fact of the beneficial effect of physical training on the mental activity of the individual has already been scientifically proven, which, in turn, has a positive effect on the activities of employees of the penal enforcement system and is a necessary component of further improvement of service in institutions of the Federal Penitentiary Service of Russia.
The author presents some problems of the organization of physical training of employees of the penal system. In this regard, according to the author, there is now a need to improve the process of physical training of current employees of the UIS, including through the introduction of the proposals given in the article by the author.
Keywords: physical training, physical activity., service in the penal enforcement system, penal enforcement system, Federal Penitentiary Service of Russia.
Work bibliographic list
1. Khorkova A. S., Malkova A. D. The origin of theoretical knowledge about physical education // Bulletin of the Yugorsk State University. – 2017. – No. 1. – P. 158.
2. Kaznacheev V. A. Influence of physical training on the physical condition of an employee of the penitentiary system. Proceedings of the Samara Scientific Center of the Russian Academy of Sciences. Social, humanitarian, medical and biological sciences. – 2020. – No. 22 (74). – S. 26.
3. Nokhrin M. Yu., Gaidemsky N. S. Features of the physical training of an employee of the penal system // Perm period. Collection of materials of the V International scientific and sports festival of cadets and students. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2018. – P. 450.
4. Dubrovsky V. I. Sports medicine: textbook. for university students. – M.: VLADOS, 2017. – 498 p.
LAW ENFORCEMENT AUTHORITIES
Kardanov Alim Ruslanovich
lecturer of Fire training sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, lieutenant of police
FACTORS OF ENSURING THE PERSONAL SAFETY OF POLICE OFFICERS DURING THE DETENTION OF OFFENDERS
An emergency situation requires a maximum concentration of physical and mental qualities from an internal affairs officer, and they are best formed in physical training classes, during which action algorithms are worked out to solve such problems. This is done in order to form a pre-worked out sequence of actions for the police officers, which will allow them to overcome a critical situation with the least losses. It is concluded that it is advisable to consider personal security as a complex process, during which the police officers acquire theoretical knowledge, practical skills and, most importantly, motor skills. Thus, ensuring personal security during the detention of an offender fully depends on the physical and psychological readiness of an internal affairs officer to perform actions in any danger. Moreover, the actions must be productive, which is ensured by the effective mastery of the tactical and technical foundations for the use of combat methods of struggle. in all cases of the use of physical force, the task of the employee is to minimize the risks that arise.
Keywords: physical training, police officers, extreme situation, fighting techniques, personal security, detention of the offender.
Work bibliographic list
1. Aidarova O. A. Ensuring the personal safety of police officers when using physical force and special means to suppress crimes and administrative offenses // In the collection: Law and order in Russia: problems of improvement. Collection of scientific papers of the International Scientific and Practical Conference dedicated to the 20th anniversary of the formation of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot. – Moscow, 2022. – S. 252-254.
2. Aldoshin A. V. The use of physical force and combat methods of struggle by employees of internal affairs bodies to ensure personal security // Autonomy of personality. – 2022. – No. 1 (27). – S. 6-11.
3. Zhuravlev A. S., Kozhin D. A. Ensuring personal security measures by police officers when performing operational tasks // Law enforcement agencies: theory and practice. – 2021. No. 2 (41). – S. 116-118.
4. Kuznetsov S. V., Khodos I. A. Ensuring personal security through the use of physical force by police officers // Law enforcement agencies: theory and practice. – 2020. – No. 1 (38). – S. 165-167.
5. Struganov S. M., Litvintseva T. E., Grushko V. M. Personal safety of employees of internal affairs bodies in official activities // Science-2020. – 2021. – No. 5 (50). – S. 163-168.
LAW ENFORCEMENT AUTHORITIES
KODZOKOVA Lyatsa Arsenjevna
Ph.D. in Law, senior lecturer of Organization of law enforcement activities sub-faculty of the North Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
MALAEV Azret Husenovich
lecturer of Organization of law enforcement activities sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
FUNDAMENTALS OF PREVENTIVE WORK OF DEPARTMENTS FOR JUVENILE AFFAIRS OF INTERNAL AFFAIRS BODIES
One of the key roles in the process of combating crime is assigned to the internal affairs bodies. Considering the activities of various units and services in the system of internal affairs bodies, it should be noted that some of them implement to a greater extent the functions of suppressing offenses and crimes, while others – to prevent the commission of offenses and crimes. These issues and problems will be discussed in a scientific article.
Keywords: minors, departments for juvenile affairs, internal affairs bodies, prevention, warning.
Work bibliographic list
1. Ivantsov S. V., Solomatina E. A., Strauning Yu. A., Shmarion P. V., Ivasyuk O. N. Prevention of crimes and administrative offenses committed by minors: a course of lectures. – M .: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2017. – P. 105.
2. Zaiko T. M. On the system of prevention of juvenile delinquency // Criminal law and criminology. – 2017. – No. 1. – P. 51-54.
3. Vagaytsev V. M. The system of prevention of neglect and juvenile delinquency at the present stage // Public service and personnel. – 2021. – No. 4. – P. 160-164.
LAW ENFORCEMENT AUTHORITIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
DIDORENKO Nikolay Nikolaevich
senior lecturer of Fire and tactical special training sub-faculty of the FGKOU HE “Ural Law Institute of the Ministry of Internal Affairs of Russia”
FAKOV Azamat Mukhamedovich
associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PERSPECTIVE DIRECTIONS FOR IMPROVING FIRE TRAINING OF POWER STRUCTURES EMPLOYEES
This article analyzes the main problem areas related to the methodology and approaches of teaching fire training in educational institutions of the Russian Ministry of Internal Affairs, as well as conducting fire training classes in territorial bodies. In view of the fact that the work of police officers is inextricably linked with the use of special means and firearms in the process of maintaining public order and fighting crime, their lives, health and safety are under constant threat from violators of the law on the territory of the Russian Federation, which determines the relevance of this article.
Keywords: fire training, police officer, service discipline, athlete, instructor, law enforcement agencies, shooting skills.
Work bibliographic list
1. Marchenko K. S., Maseychuk Yu. M., Chaichenko D. V. Features of the methodology for teaching shooting to first-year cadets of educational organizations of the Ministry of Internal Affairs of Russia. , Krasnodar, February 15, 2022. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. – P. 247. – EDN SHLCTZ.
2. Maseychuk Yu. M., Murtazin A. I. Fundamentals of safe handling of weapons in practical shooting // Improving the methodology of teaching special professional disciplines in educational institutions of the Ministry of Internal Affairs of Russia: Materials of the VIII All-Russian Scientific and Practical Conference, Krasnodar, February 15, 2021 / Editorial Board: A. S. Dudko, A. A. Frolov, Yu. A. Napalkov [and others]. – Krasnodar: Federal State Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2021. – P. 139. – EDN CCIKBN.
3. Order of the Ministry of Internal Affairs of the Russian Federation of November 23, 2017 No. 880 “On approval of the Manual on the organization of fire training in the internal affairs bodies of the Russian Federation.” – [Electronic resource]. – Access mode: “Official Internet portal of legal information” (www.pravo.gov.ru) dated February 28, 2018
4. Federal Law of February 7, 2011 No. 3-FZ “On the Police” // Collected Legislation of the Russian Federation. – 2011. – No. 7. – Art. 900.
LAW ENFORCEMENT AUTHORITIES
KHARAEV Azamat Arsenovich
Ph.D. in Law, senior lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
MASLIENKO Maria Aleksandrovna
lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
ON THE PREVENTION OF CORRUPTION IN THE DEPARTMENT OF INTERNAL AFFAIRS
The article deals with one of the main problematic issues related to the prevention of corruption phenomena in the internal affairs bodies. Suppression and prevention of corruption is a very relevant and key area of law enforcement agencies. Particular attention is paid to the consideration of general social and special preventive measures. The authors have proposed some solutions to problematic issues related to the manifestation of corruption in law enforcement agencies and in the internal affairs bodies in particular. Based on current data on the state of corruption in Russia, the authors have proposed concepts for resolving this issue. In the conclusion, the authors formulated some proposals for the organization of the work of law enforcement agencies to combat corruption at the current stage of activity of internal affairs bodies.
Keywords: corruption in internal affairs bodies, corruption prevention, special preventive measures, anticorruption expertise, corruption offences.
Work bibliographic list
1. Kirpichnikov A. I. Bribery and corruption in Russia. – SPb., 1997. – S. 17.
2. Extended meeting of the collegium of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: https://ria.ru/20211209/korruptsiya-1762876118.html (date of access: 09/30/2022).
3. Federal Law of February 7, 2011 No. 3-FZ (as amended on December 21, 2021) “On the Police” // Collected Legislation of the Russian Federation. – 14.02.2011. – No. 7. – Art. 900.
4. Police officers in 2021 were more likely than other law enforcement officers to be convicted of corruption. – [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/67795 (date of access: 09/30/2022).
5. Kolontaevskaya I. F. Professional education of police personnel abroad (pedagogical aspect). – M., 2000. – S. 31.
6. On the approval of the Code of ethics and official conduct of employees of the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated June 26, 2020 No. 460. – [Electronic resource]. – Access mode: ATP “ConsultantPlus”. http://www.consultant.ru (date of access: 09/30/2022).
7. Bastrykin reported a 15% increase in the number of criminal cases of corruption in 2021. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/13151481 (date of access: 09/30/2022).
8. Polyarush A. D. The concept and principles of counteracting corruption
tions in the state and municipal service // International Journal of Applied Sciences and Technologies Integral. – 2021. – No. 1.
9. Revina S. N. Theoretical problems of legal regulation of market relations in modern Russia: abstract of a doctoral dissertation in legal sciences. – Nizhny Novgorod, 2018. – P. 56.
LAW ENFORCEMENT AUTHORITIES
KHAZHIROKOV Valeriy Akhiedovich
Ph.D. in Law, Head of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
COMBAT TECHNIQUES OF FIGHTING ON GUARD OF LAW AND ORDER: THE ROLE OF TACTICAL PREPAREDNESS
Law enforcement practice shows that criminals in many cases surpass police officers in strength, physical qualities and motor abilities. Also, employees may be inferior to criminals in combat skills and firearms skills. All this necessitates the search for effective means and methods of physical training of employees for the subsequent successful and efficient performance of official tasks. It is concluded that the training of police officers in the skills of using combat fighting techniques is more effective when organizing training sessions in the form of sparring in hand-to-hand combat. At the same time, tactical preparedness is being formed among employees, the need for which is determined by the fact that the life and health of both the law enforcement officer and civilians depend on the acquired quality.
Keywords: fighting techniques, tactical preparedness, crime fighting, police officer, emergency situation.
Work bibliographic list
1. Brychkova A. Yu. Improving the training of combat techniques in the fight of employees of internal affairs bodies // Autonomy of personality. – 2021. – No. 1 (24). – S. 85-89.
2. Sorokina A. N., Butov V. V. The study of fighting techniques and their application in the activities of a police officer // In the collection: Physical culture, sport and tourism in higher education. Collection of materials of the XXXIII All-Russian scientific and practical conference of students, undergraduates, graduate students, young scientists, faculty. – Rostov-on-Don, 2022. – S. 90-93.
3. Khazhirokov V. A. The introduction of wrestling and hand-to-hand fights in the training process of employees of internal affairs bodies studying under vocational training programs // Gaps in Russian legislation. – 2022. – T. 15. – No. 3. – S. 31-35.
4. Khazhirokov V. A. The role of wrestling and hand-to-hand fights in the training process of employees of the internal affairs bodies of the Russian Federation // Physical culture and health. – 2022. – No. 2 (82). – S. 50-53.
LAW ENFORCEMENT AUTHORITIES
SHALAMOV Vyacheslav Viktorovich
Ph.D. in pedagogical sciences, Head of Philosophy, psychology and humanitiarian disciplines sub-faculty of the Ural Law Institute of the MIA of Russia
ZALAEV Rodion Danilovich
researcher of the Research Department of the Ufa Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the cycle of cynology of the Ufa School for the Training of Cynologists of the MIA of Russia
SOME QUESTIONS OF THE PSYCHO-EMOTIONAL STATE OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES
The article is devoted to some issues of the psycho-emotional state and psychological training of students (cadets, trainees) and employees of the internal affairs bodies (police). Since the emotional state of an employee of the internal affairs bodies depends primarily on the impact of external and internal factors that may affect his service, the protection of public order and ensuring public safety. A police officer must control his emotions so that they do not harm, first of all, himself and the people around him. For this, it is necessary to develop emotional and volitional stability among law enforcement officers in the event of various abnormal and extreme situations.
Keywords: employee, police officer, internal affairs bodies, student, organization, psycho-emotional state, emotional stability.
Work bibliographic list
1. Akhiyarov R. A., Koshevets G. V. Ensuring the personal security of an employee of the internal affairs bodies // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 364-365. – EDNZCITRR.
2. Karamysheva E. O., Golovchenko D. A. Human emotions. – Text: direct // Young scientist. – 2016. – No. 23 (127). – S. 433-437. [Electronic resource]. – Access mode: https://moluch.ru/archive/127/35231/ (date of access: 21.09.2022).
3. Maseychuk Yu. M. Techniques of psychological self-regulation and methods that contribute to the development of professional skills and shooting skills of employees of the internal affairs bodies of the Russian Federation // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (41). – S. 23-24. -EDN XMBLPE.
4. Pristalova A. S. Features of the emotional state of athletes during the training process and competitions // Valeological problems of the health of the formation of adolescents, youth, the population: a collection of materials of the 12th International Scientific and Practical Conference of Young Scientists and Students, December 9, 2016, Yekaterinburg / Ros. state prof.-ped. un-t. – Ekaterinburg: RGPPU, 2016. – S. 280-284.
5. Verbina GG Psychology of emotions: textbook. allowance; Chuvash, un. – Cheboksary, 2008. – 308 p.
6. Svyazhenina A. A., Akhiyarov R. A. Psycho-emotional state of an internal affairs officer when firing a shot from a firearm // Legal science in the modern world: current problems and development prospects: collection of materials of the All-Russian round table, Ufa, May 13, 2021. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 75-78. – EDN FGQHQE.
LAW ENFORCEMENT AUTHORITIES
SUKHOVA Oksana Vladimirovna
Ph.D. in economic sciences, associate professor of the V. F. Yakovlev Ural State Law University
MAKHOV Arseniy Vladimirovich
student of the V. F. Yakovlev Ural State Law University
UFIMTSEV Anton Dmitrievich
student of the V. F. Yakovlev Ural State Law University
IMPLEMENTATION OF MEASURES TO PREVENT CORRUPT OFFICIAL BEHAVIOR AND RESOLVE CONFLICTS OF INTEREST AMONG NATIONAL GUARD EMPLOYEES
Anti-corruption policy has become one of the serious areas of work of all public authorities. The National Guard, as one of the executive authorities, also implements anti-corruption work within its department. The article analyzes the results of the Anti-Corruption Plan in the Russian Guard for 2018-2020, and also discusses the areas of work for 2021-2024.
Keywords: Anti-corruption work, service behavior, corrupt behavior, officials, anti-corruption competencies, countering corruption.
Work bibliographic list
1. Amendments have been made to the legislation aimed at combating corruption among officials. Website of the President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/news/67922. Retrieved 29.06.2022
2. A Decree was signed on the introduction of information technologies in the work on the prevention of corruption and other offenses. Website of the President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/administration/68280. Retrieved 29.06.2022
3. E. Belyakov. O. Adamovich. Artificial intelligence will be set on bribe takers: How the Poseidon anti-corruption system will work. TVNZ. [Electronic resource]. – Access mode: https://www.kp.ru/daily/27383/4578300/. Date of access: 29.06.2022
4. Art. 10. Federal Law 273 “On Combating Corruption” dated December 25, 2008. Legal system ConsultantPlus. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_82959/5d02242ebd04c398d2acf7c53dbc79659b85e8f3/. Retrieved 11.07.2022
5. Ibid
6. Anti-corruption plan for 2018-2020 National Guard. Federal Service of the National Guard Troops of the Russian Federation. [Electronic resource]. – Access mode: https://rosguard.gov.ru/document/article/plan-po-protivodejstviyu-korrupcii-na-20182020-gg. Retrieved 10.07.2022
7. National Guard. Federal Service of the National Guard Troops of the Russian Federation. [Electronic resource]. – Access mode: https://rosguard.gov.ru/page/index/o-realizacii-federalnoj-sluzhboj-vojsk-nacionalnoj-gvardii-rossijskoj-federacii-meropriyatij-plana-protivodejstviya-korrupcii-na-20182020-gody. Retrieved July 5, 2022
8. Anti-Corruption Plan for 2021-2024 [Electronic resource]. – Access mode: https://rosguard.gov.ru/uploads/2021/10/plan_rosgvardii_po_protivodejjstviyu_korrupcii_20212024_gody.pdf. Retrieved 10.07.2022
LAW ENFORCEMENT AUTHORITIES
SHEVTSOVA Vera Anatoljevna
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
FEATURES OF DETECTION AND SUPPRESSION OF ILLEGAL ACTIONS ON THE INTERNET AMONG MINORS
This paper reflects statistical data on underage Internet users and their content preferences in the Internet information and telecommunications network. The analysis of crimes and offenses committed by and against minors in the vast Internet space is given. The main risks and threats associated with the use of Internet sites by a young audience are considered. Special attention is paid to the consideration of some aspects in the organization of preventive work carried out by employees of the juvenile affairs units of the territorial bodies of the Ministry of Internal Affairs of Russia among minors to identify and suppress illegal actions on the Internet.
Keywords: minors, prevention, crime, offense, Internet, cyberbullying, aggression in social networks, monitoring of dangerous content, Internet communities.
Work bibliographic list
1. On the approval of the Instructions for organizing the activities of units for juvenile affairs of the internal affairs bodies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated October 15, 2013 No. 845 (as amended on December 31, 2018). – [Electronic resource]. – Access mode: Access from the legal reference system “ConsultantPlus”.
2. Industry report Children’s Runet 2018 dated 12/31/2018. – [Electronic resource]. – Access mode: Access from the site “Institute for Research Internet”. https://internetinstitute.ru/portfolio/analytics/detskiy-runet-2018-otraslevoy-doklad/?sphrase_id=25142.
3. “Security 2.0” of the Russian Peace Fund (RPF). – [Electronic resource]. – Access mode: Access from Rossiyskaya Gazeta website. – 11/11/2021 https://www.gazeta.ru/social/2021/11/11/14192821.shtml.
4. Blue whale (game). – [Electronic resource]. – Access mode: Access from the Wikipedia site. Free encyclopedia https://ru.wikipedia.org/wiki/Blue_whale_(game).
5. On Information, Information Technologies and Information Protection Federal Law No. 149-FZ of July 27, 2006 (as amended on July 14, 2022). – [Electronic resource]. – Access mode: Access from the official Internet portal of legal information.
LAW ENFORCEMENT AUTHORITIES
ABRAMOV Ivan Romanovich
student of the “Information security” training course at the Institute of History and Public Administration of the Bashkir State University
KOCHNEVA Lyudmila Viktorovna
senior lecturer of the Mining safety sub-faculty of the Ural State Mining University
SHALKOV Alexander Alexandrovich
student of the Bashkir State University
INFORMATION SECURITY IN THE CONTEXT OF SCIENTIFIC PUBLICATION ACTIVITY
Information security in the field of scientific publication activity has a number of obvious and hidden threats, consisting in the disclosure of information of strategic importance for the development of industries for various types of economic activity. The relevance of the study is explained by the lack of a mechanism for selecting scientific publications, assessing the potential of scientific publications for the development of strategically important branches of the national economy. The object of research is open science, as an information workspace for the exchange and generation of scientific knowledge. The subject of the research is information security as a mechanism of open science to eliminate threats to the disclosure of information of strategic importance for the national economic system. The purpose of the study is to reveal the content of information security elements and related threats within the framework of open science as a workspace of scientific publication activity. The results of the study – the content is presented and threats within the information security of open science are identified.
Keywords: scientific research, national security, citation, research life cycle, scientometric indicators.
Work bibliographic list
1. Foster E. D., Deardorff A. Open science framework (OSF) // Journal of the Medical Library Association: JMLA. – 2017. – T. 105. – No. 2. – S. 203-206. – DOI: 10.5195/jmla.2017.88.
2. Nidergaus, E. O. Subjective assessment of teaching methods for stem specialists of student communities in the socio-economic space of Russia, Belarus and Hungary // Discussion. – 2021. – No. 5 (108). – P. 40-48. – DOI: 10.46320/2077-7639-2021-5-108-40-48. – EDN HPKSAS.
3. Mirowski P. The future (s) of open science // Social studies of science. – 2018. – T. 48. – No. 2. – S. 171-203. – DOI: 10.1177/0306312718772086.
4. Sud P., Thelwall M. Evaluating altmetrics // Scientometrics. – 2014. – T. 98. – No. 2. – S. 1131-1143. – DOI: 10.1007/s11192-013-1117-2
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
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North-Caucasus Institute (branch) of the Krasnodar University of the MIA of Russia, colonel of police
VERKHOVETSKY Igor Vitaljevich
Head of the CPE Department of the Ministry of Internal Affairs of Russia for the North Caucasus Federal District, lieutenant colonel of police
PROBLEMATIC ISSUES OF COUNTERING MANIFESTATIONS OF EXTREMISM IN THE SUBJECTS OF THE NORTH CAUCASUS FEDERAL DISTRICT
In the article, the authors consider the dynamics of extremist crimes, analyze the negative vectors of the development of the operational situation that pose a threat to the stabilization processes in the region. The importance of countering extremist crimes, which often turn into terrorist acts, is emphasized.
The authors draw attention to the fact that the law enforcement agencies of the studied subjects carry out preventive work against a number of destructive mass media.
Keywords: counteraction, extremism, terrorism, violence, ideology, prevention, operational search measures.
Work bibliographic list
1. According to the GIAC of the Ministry of Internal Affairs of Russia: quarterly reporting form 282 – “Antiterror”. 2020, 2021.
2. Golyandin N. P., Yesherov A. G., Sheriev A. M. Topical areas of activity to counter extremism and terrorism in the North Caucasus region // Eurasian legal journal. – 2022. – No. 7 (170). – S. 432-434.
3. Review of the state of the operational situation in the North Caucasus Federal District and measures taken in 2021 in the field of countering extremism and terrorism. – Nalchik: Main Directorate for the North Caucasus Federal District of the Ministry of Internal Affairs of Russia, 2022.
4. Activities of the International of one religious organization “Administrative Center of Jehovah’s Witnesses in Russia” by the decision of the Supreme Court of the Russian Federation of April 20, 2017 No. AKPI 17-238 is prohibited on the territory of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/documents/7822/
5. The activities of the international religious association “Nurcular” by the decision of the Supreme Court of the Russian Federation of 10.04.2008 are prohibited on the territory of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/documents/7822/
6. The activities of the international religious organization “At-Takfir wal-Hijra” by the decision of the Supreme Court of the Russian Federation of July 15, 2010 No. GKPI10-848 are prohibited on the territory of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/documents/7822/
SAFETY AND LAW
MOLOKOV Vyacheslav Vitaljevich
Ph.D. in engineering sciences, associate professor, Head of Information and legal disciplines and special equipment sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
CRIMINAL CAMOUFLAGE: HOW ANONYMOUS IS THE DARKNET
Internet technologies are increasingly being used as a means of committing crimes, providing opportunities for the contactless implementation of criminal acts. The article deals with the problem of anonymity of the Darknet network as a factor of illegal activity. The mechanism for organizing decentralized networks and the announcement of closed websites of the “Dark Internet” space are described. On the example of the popular decentralized network Tor, methods of attacks to deanonymize illegal darknet resources and their users in order to obtain information that is significant in the interests of detecting and investigating crimes are considered.
Keywords: Internet technologies, Darknet, anonymity, illegal content, decentralized network, deanonymization, countering crime.
Work bibliographic list
1. Aleksandrov A. G., Safronov A. A. Use of the Darknet network in the preparation and commission of crimes // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – S. 156-160.
2. Zhuravlenko N. I., Molokov V. V. Ways of obtaining forensically significant information on the Internet // Eurasian legal journal. – 2020. – No. 8 (147). – S. 271-273.
3. Novoseltseva A. V., Klyuev S. G. Modern methods of deanonymization attacks on the tor network // Caspian Journal: Management and High Technologies. – 2020. – No. 1 (49). – S. 155-161.
4. Fedorovich M. A. “Darknet” as a threat to the economic security of the Russian Federation // Eurasian Law Journal. – 2022. – No. 7 (170). – S. 391-393.
SAFETY AND LAW
TEUVAZHEV Zaur Anisovich
lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
LEGAL ASPECT OF COUNTERING TERRORISM AND EXTREMISM
The article shows the legal aspects of the fight against terrorism and extremism in the Russian Federation. Thus, Russian legislation specifies not only the main methods of combating terrorism, but also contains definitions of what, in the opinion of the legislator, is terrorism and extremism. It is concluded that knowledge of the prerequisites for the emergence and development of a particular phenomenon gives humanity the opportunity for the most complete and high-quality research and restoration of the most complete picture of its existence and development in the future. This is important in order to take the opportunity to predict the development of the phenomenon, the degree of its impact on society, thanks to which it will be possible to minimize the harmful impact of this phenomenon and prepare for possible negative consequences.
Keywords: terrorism, extremism, consequences, counteraction, prevention, rehabilitation.
Work bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the national vote on July 1, 2020). [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 08/30/2022).
2. Federal Law “On the Prosecutor’s Office of the Russian Federation” dated January 17, 1992 No. 2202-1. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 29.08.2022).
3. Federal Law “On Public Associations” dated May 19, 1995 No. 82-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 28.08.2022).
4. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 08/30/2022).
5. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 28.08.2022).
6. Federal Law No. 114-FZ dated 25.07.2002 “On counteracting extremist activity”. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 29.08.2022).
7. Federal law “On against promotion of terrorism” dated 06.03.2006 No. 35-FZ. [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 27.08.2022).
8. Zakirova K. R. Legal basis for countering terrorism in the Russian Federation // Scientific statements. – 2021. – No. 8 (8). – S. 35-39.
SAFETY AND LAW
TOKBAEV Ayub Amerbievich
Ph.D. in economic sciences, lecturer of Internal affairs bodies in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
SAVCHUK Nikita Alexandrovich
senior lecturer of Fire training and activities of the department of internal affairs in special conditions sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia, lieutenant colonel of police
COUNTERING THE SPREAD OF EXTREMISM IN THE GLOBAL INFORMATION SPACE
The article reveals the impact of the digital transformation of society on the manifestation of extremist sentiments among the youth. Extremism is aimed at violating civil peace and harmony, undermining public security and the territorial integrity of the Russian Federation, as well as violating the foundations of the constitutional order. The most poorly protected socio-demographic group from the negative influence of the information resource broadcast by extremists are minors. The reasons for such mindsets in this age group are economic, political, social, family, educational, cultural and moral grounds. Added to this is the fact that the global information space is replete with destructive content on the topic of racism, xenophobia, ethnic hatred, etc. On a huge number of sites, pseudo-religious sites are promoting false values, and the high activity of users who comment, like and repost the content they like contribute to its replication. Thus, the identified problems require an immediate solution through the development of measures aimed at preventing and countering extremist activities, especially those carried out on the Internet.
Keywords: extremism, youth audience, social networks, digital technologies, prevention, counteraction.
Work bibliographic list
1. Abazov I. S., Voskoboev A. I. Extremism and terrorism as products of globalization // Eurasian Law Journal. – 2021. – No. 8 (159). – S. 214-216.
2. Gedgafov M. M. Extremism and terrorism as a threat to modern society // Journal of Applied Research. – 2022. – No. 2-1. – S. 69-72.
3. Kamergoev B. M. On the current problems of countering the use of social networks for the spread of extremist and terrorist ideology // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – S. 198-202.
4. Magomedov MN Fighting extremism and terrorism: new challenges and threats // Journal of Applied Research. – 2022. – No. 2-1. – S. 65-68.
5. Khamurzov A. T. Crime in the field of information and communication technologies as a problem of the information society // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – S. 265-269.
6. Tsrimov A. A. Features of the use of digital technologies in counteracting cyberterrorism // Gaps in Russian legislation. 2022. – T. 15. – No. 4. – S. 145-148.
SAFETY AND LAW
ABRAMOV Ivan Romanovich
student of the “Information security” training course at the Institute of History and Public Administration of the Bashkir State University
BASHIRINA Evgeniya Nikolaevna
associate professor of economic and legal security sub-faculty of the Institute of History and Public Administration of Bashkir State University
BAYRUSHIN Fedor Timofeevich
associate professor of Information security management sub-faculty of the Institute of History and Public Administration of Bashkir State University
INFORMATION SECURITY AND INERTIA OF EXECUTIVE POWER
The timelines of the implementation of the decisions taken within the framework of state policy is a necessary element of ensuring the information security of public space. The delay in the implementation of decisions taken within the framework of state policy actualizes the issues of scientific search for the causes of time lags between decision-making and implementation itself. The object of the study is the executive power as a segment of public space that determines the effectiveness of the implementation of state policy and socio–economic well-being. The subject of the study is information security as an element of the information space. The purpose of the study is to consider and reveal the content of inertia of the executive power within the framework of the implementation of state policy. Research objectives: 1. Study of scientifically-based theoretical sources of domestic and foreign researchers; 2. Formulation of scientifically-based conclusions. The results of the study are the disclosure of the content of inertia of executive power in the form and type of expression in public space.
Keywords: social inertia, state power, well-being, public space, economic security.
Work bibliographic list
1. Kayworth T., Whitten D. Effective information security requires a balance of social and technology factors //MIS Quarterly executive. – 2010. – T. 9. – No. 3. – S. 2012-2052.
2. Matveev A. E., Sysoev S. P., Matveev I. A. Formation of elements for ensuring the economic security of large-scale economic systems // Discussion. – 2022. – No. 3 (112). – S. 58-66. – DOI 10.46320/2077-7639-2022-3-112-58-66. – EDN COXQUH.
3. Gordon L. A., Loeb M. P. Economic aspects of information security: An emerging field of research // Information Systems Frontiers. – 2006. – T. 8. – No. 5. – P. 335-337.- DOI: 10.1007/s10796-006-9010-7.
4. 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.
SAFETY AND LAW
SHOGENOV Timur Mukhamedovich
Ph.D. in economic sciences, Deputy Head of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
KUCHMEZOV Rustam Nurbievich
Ph.D. in Law, senior researcher of the Research Department of the Krasnodar University of the MIA of Russia, major of police
TOPICAL ISSUES OF THE SPREAD OF INFORMATION EXTREMISM ON THE GLOBAL INTERNET
In the article, the authors consider the actual problems of the spread of information extremism in the global network, the involvement of young people in extremist activities, which at the present stage pose a real threat to public safety, which is confirmed by the tragic events of recent years. The main forms of dissemination of extremist ideas through social networks, information and technical methods used by extremists to have a destructive impact on the management systems of critical infrastructures of the state are analyzed. The main problems arising in countering the spread of information extremism on the Internet in modern conditions are noted.
Keywords: information extremism, terrorism, extremist organizations, extremist activity, social networks, information and technical impact.
Work bibliographic list
1. Ministry of Justice of the Russian Federation. [Electronic resource]. – Access mode: https://minjust.gov.ru/ru/extremist-materials/ (date of access: 08/03/2022).
2. On the Dark Side of the Internet: What is the Dark Web and the Deep Web? [Electronic resource]. – Access mode: https://www.dgl.ru/articles/na-temnoy-storone-interneta-chto-takoe-dark-web-i-deep-web_11677.html (date of access: 08/17/2022).
3. Mozgovoy V. E. Information extremism in the context of socio-communicative transformations of Russian society / diss. for the degree of candidate of sociological sciences. – Krasnodar: KRU of the Ministry of Internal Affairs of Russia, 2015. [Electronic resource]. – Access mode: https://krdu.mvd.rf/upload/site119/document_file/ Va1XZ0YFIX.pdf (date of access: 07/15/2022).
4. Russia banned Instagram and Facebook for extremism. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/14135927?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 08.08.2022).
5. Twitter fined 3 million for posts with fascist symbols. [Electronic resource]. – Access mode: https://ren.tv/news/v-rossii/968914-twitter-oshtrafovali-na-3-mln-za-otsutstvie-blokirovki-ekstremistskogo-kontenta (date of access: 08/03/2022).
6. How terrorists use social networks for recruitment. [Electronic resource]. – Access mode: https://rb.ru/story/isis-uses-social-media/ (date of access: 08/14/2022).
7. Yurchenko I. V. On some factors of the spread of the ideology of extremism in the political and information space 1 // Bulletin of the Adyghe State University. – 2013. – No. 2. – P. 251-256.
8. Shogenov T. M., Buraeva L. A., Kuchmezov A. N. On topical issues of suppressing the activities of radical communities involving youth in committing terrorist crimes // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 448-450.
9. Russia has declared a cyberwar because of a special operation in Ukraine. [Electronic resource]. – Access mode: https://lenta.ru/brief/2022/03/03/kibervoyna/ (date of access: 08/03/2022).
10. Berova D. M. Investigation of cybercrimes // Gaps in Russian legislation. – 2018. – No. 2. – P. 173-175.
11. Glukharev D.S. Countering extremism in the modern media space // Bulletin of the South Ural State University. – Chelyabinsk, 2012. – No. 10. – P. 137.
SAFETY AND LAW
BORISENKO Lyudmila Valentinovna
lecturer of State and legal disciplines sub-faculty of the Rostov branch of the Russian State University of Justice
TRIFONOV Sergey Gennadjevich
Ph.D. in Law, associate professor, associate professor of Public legal disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
COMMISSIONERS FOR THE PROTECTION OF THE RIGHTS OF ENTREPRENEURS IN THE SYSTEM OF INTERACTIONS WITH PUBLIC AUTHORITIES IN THE RUSSIAN FEDERATION
The article discusses various forms of interaction between the business ombudsman and public authorities in the Russian Federation. The authors pay attention to how there is interaction with state authorities in the field of lawmaking. The forms of direct interaction of the Commissioner for the Protection of the Rights of Entrepreneurs with representatives of the judiciary are also considered.
Keywords: Commissioner for the Protection of the Rights of Entrepreneurs, entrepreneurial activity, agreements, government agencies, interaction.
Work bibliographic list
1. Belyakov P. A. International cooperation as a type of activity of the prosecutor to protect the right of citizens to appeal to public authorities // Otechestvennaya jurisprudence. – 2016. – No. 7 (9). – p. 12
2. Kirillovykh A. A. Commissioner for the rights of entrepreneurs: the basics of legal status in the system of human rights institutions // Legislation and Economics. – 2013. – No. 11. – P. 21.
3. On making changes to the Register of positions of the federal state civil service, approved by Decree of the President of the Russian Federation of December 31, 2005 No. 1574, and to Decree of the President of the Russian Federation of July 25, 2006 No. 763 “On the pay of federal civil servants” : Decree of the President of the Russian Federation of 06.25.2012 No. 894 // Collection. legislation Ros. Federation. – 2012. – No. 27. – Art. 3681.
4. Federal Law of May 7, 2013 No. 78-FZ (as amended on April 30, 2021) “On Commissioners for the Protection of the Rights of Entrepreneurs in the Russian Federation” // Collected Legislation of the Russian Federation. – 05/13/2013. – No. 19. – Art. 2305.
5. Federal Law No. 59-FZ of May 2, 2006 (as amended on December 27, 2018) “On the Procedure for Considering Appeals from Citizens of the Russian Federation” // Parliamentary Newspaper. – No. 70-71. – 05/11/2006.
6. Parenkova A. A., Nemechkin V. N. Theoretical and legal approaches to resolving legal conflicts // Otechestvennaya jurisprudence. – 2016. – No. 6 (8). – S. 31.
7. Gorbachev A.P. Specialization of the institution of the Commissioner for Human Rights in the Russian Federation (on the example of the Commissioner for the Protection of the Rights of Entrepreneurs): dis. … cand. legal Sciences 12.00.02. – Yelets, 2015. – 193 p.
8. Komkova G. N. Foreword // Political and legal problems of interaction between government and business in a crisis. – 2009. – P. 5.
STATE AND LAW
LANOVOY Vadim Gennadjevich
Ph.D. in Law, Head of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
NESTERENKO Andrey Vladimirovich
senior lecturer of Criminal law and criminology disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
A SYSTEMATIC APPROACH TO THE TYPOLOGY OF STATES: BASIC CONCEPTS, PRINCIPLES
The author substantiates a systematic approach to the typology of states on the basis of a fairly general theory of management in the article. The content of the concepts of “state”, “law”, “sovereignty”, “power” is given. The principles of a systematic approach to typology are formulated. through the disclosure of the concepts of “globalization process”, “domestic policy”, “foreign policy”, “global policy”, “state” and its main functions. It is concluded that the development of the states of traditional civilization is a reproduction in historical time of the established institutional cultural matrices that form statehood, while maintaining the level of effectiveness of the current political and legal system, and the ability to self-organize multilevel social relations. And the progress of the states of liberal civilization is individual reflection as a social end in itself, which turns the desire for atomization and material prosperity into the highest value.
Keywords: state, statehood, power, politics, sovereignty, functions of the state, law, management system, mechanism of legal regulation, state body, legal regulation, legal impact.
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: Consultant Plus: comp. ref. legal system. http // www.consultant.ru (date of access: 09/10/2022).
2. The Constitution of the USSR of 07.10.1977 – [Electronic resource]. – Access mode: Consultant Plus: comp. ref. legal system. http // www.consultant.ru (date of access: 09/10/2022).
3. The Constitution of the USSR of 05.12.1936 – M .: EDITION of the Central Executive Committee of the USSR, 1937.
4. Lanovoy V. G. Civilizational approach to the typology of states in the domestic political and legal doctrine of the XIX – early XX centuries: Dis. … cand. legal Sciences. – Belgorod, 2019.
5. Lanovoy VG State and its sovereignty in the context of the globalization process // Eurasian legal journal. – 2022. – No. 5 (168). – S. 446-449.
6. Reisner L. I. Historical society as a unity of formational and civilizational principles // Civilizations. – Issue 1. – M .: Nauka, 1992. – S. 50-68.
7. Starkin Yu. S. Formational approach: pros and cons // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2009. – No. 3. – P. 153-157.
8. Formations or civilizations. (Materials of the “round table”) // Questions of Philosophy. – 1989. – No. 10. – P. 34-59
9. Huntington S. A clash of civilizations? // Polis. – 1994. – No. 1. – S. 33-48.
STATE AND LAW
FASTOVICH Galina Gennadjevna
senior lecturer of Theory of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
LITVINOVA Valentina Sergeevna
Ph.D. in agricultural sciences, associate professor of the Institute of Economics and Management of the Agroindustrial Complex of the Krasnoyarsk State Agrarian University
KUDASHOVA Irina Vladimirovna
Ph.D. in Law, associate professor of the Siberian Law Institute of the MIA of Russia
STATE REGULATION AND THE INSTITUTE OF INFORMATION TECHNOLOGIES: CORRELATION ISSUES
In modern Russia, in recent years, special attention of scientists – lawyers has been attracted by the topic of information technology research. At present, the most popular and promising direction in the study is the direction of information research in the field of state regulation. The author of the article makes an attempt to analyze information technology products that are successfully used in the state authorities of modern Russia.
Keywords: state regulation, efficiency, information product, public authorities, information technology.
Work bibliographic list
1. Teplyashin I. V., Fastovich G. G. Criteria for the effectiveness of the state mechanism: general theoretical analysis // Problems of modernizing the legal system of modern Russian society. Collection of reports of the International scientific conference. – 2011. – S. 114-116.
2. Fastovich GG Efficiency of the state mechanism: legal means, criteria, research prospects // Eurasian legal journal. – 2015. – No. 8 (87). – S. 140-142.
3. Fastovich G. G., Kapsargina S. A. Introduction of information technologies in the agricultural sector as one of the criteria for effective state policy in the field of agroindustrial complex of the Russian Federation // In the collection: IOP Conference Series; Earth and Environmental Science. Krasnoyarsk Science and Technology City Hall. – Krasnoyarsk, Russian Federation, 2021. – C. 32089.
4. Decree of the President of the Russian Federation of May 7, 2012 No. 599 “On measures to implement state policy in the field of education and science” // Consultant Plus.
5. Fastovich G. G., Shitova T. V. On the issue of the effectiveness of the unified system of public authority // Socio-economic and humanitarian journal. – 2020. – No. 4 (18). – S. 76-88.
6. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 57 dated December 26, 2017 “On some issues of the application of legislation regulating the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts” // Bulletin of the Supreme Court of the Russian Federation. – 2018. – No. 4.
PEDAGOGY AND LAW
ASKAROVA Gulnara Beysenovna
Ph.D. in pedagogical sciences, associate professor of Psychological and pedagogical education sub-faculty of the Sterlitamak branch of the Bashkir State University
SABEKIYA Raushana Beysenovna
Ph.D. in science philosophicals, professor of General history and philosophical disciplines sub-faculty of the Sterlitamak branch of the Bashkir State University
LEGAL SOCIALIZATION OF THE YOUNGER GENERATION IN BASHKIR FOLK PEDAGOGY
The article analyzes the specifics of the legal socialization of the younger generation among the Bashkir people, which is considered in the context of the ethnopedagogical and confessional-cultural approaches proper. Religion as a form of public consciousness regulating not only the moral, but also the legal life of society as a whole acted as a fundamental factor in the formation of socially approved behavior of children, adolescents and youth in Bashkir ethnopedagogy. In this regard, special attention was paid to the role of sharia in the implementation of socio-legal imperatives, the internalization of which ensured the successful legal socialization of the young generation.
Keywords: legal socialization, moral and legal regulations, Bashkir ethnopedagogy, folk education.
Work bibliographic list
1. Latyshina D. I. Traditions, education of children among the Russian people [Text]. – M.: School press, 2004. – 128 p.
2. Sidorova M.E. The meaning of folk traditions and their preservation in modern calendar rituals and holidays. Text: direct // Young scientist. – 2020. – No. 23 (313). – S. 682-684. [Electronic resource]. – Access mode: https://moluch.ru/archive/313/71245/ (date of access: 09.09.2022).
3. Yarushkin N. N., Satonina N. N. Social fear as a regulator of responsible behavior of the individual // Bulletin of the Samara Humanitarian Academy. Series “Psychology”. – 2007. – No. 1. – S. 78-83.
PEDAGOGY AND LAW
BAUAEV Shamil Khadzhimuratovich
lecturer of Physical training sub-faculty of the North-Caucasian Institute for Advanced training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE ROLE OF APPLIED PHYSICAL TRAINING IN THE PERFORMANCE OF INTERNAL AFFAIRS OFFICERS
The article reveals the importance of professional and applied physical training of IAB employees for the successful performance of service and combat missions. The allocation of the professional-applied aspect in the structure of physical training is due to its focus on solving the official tasks of the daily practical activities of IAB employees. In the process of professional and applied physical training, students are trained in the versatile use of formed physical qualities, to withstand physical exertion, the skills of using combat techniques of wrestling. It was concluded that the skills and skills acquired in the process of professional and applied physical training make it is possible to solve an official task in the shortest possible time and with the least losses, both people and time.
Keywords: professional and applied physical training, police officers, fighting techniques, moral and volitional qualities, psychological stability, countering crime.
Work bibliographic list
1. Order of the Ministry of Internal Affairs of Russia dated May 18, 2012 No. 521 “On qualification requirements for the positions of rank and file, junior, middle and senior commanding staff of the internal affairs bodies of the Russian Federation”. [Electronic resource]. – Access mode: https://www.audar-info.ru/na/editDoc/index/type_id/5/
2. Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450 “On approval of the manual on the organization of physical training in the internal affairs bodies of the Russian Federation”. [Electronic resource]. – Access mode: https://www.audar-info.ru/na/editDoc/index/type_id/5/
3. Kanukoev A.M. Professional-applied physical training of police officers: organizational and methodological aspect // Physical culture and health. 2022. No. 1 (81). pp. 16-19.
4. Meshev I.Kh. The role of physical training in professional-applied training of police officers // Physical culture and health. 2022. No. 1 (81). pp. 97-99.
5. Meshev I.Kh., Druzhinin A.V. The role of physical training in the development of professionalism of police officers // In the book: Physical education and sport: topical issues of theory and practice. Collection of articles of the All-Russian Scientific and Practical Conference. Rep. editors A.T. Binaliev, A.A. Tashchiyan, V.M. Barshai. Rostov-on-Don, 2022, pp. 382-386.
6. Tkhagalegov A.A. Professional training of employees of internal affairs bodies for complex forceful actions in operational and service situations // Gaps in Russian legislation. 2022. V. 15. No. 4. S. 105-109.
7. Khazhirokov V.A. Influence of physical culture and sports on professionally significant qualities of police officers: motivational aspect // Physical culture and health. 2022. No. 1 (81). pp. 46-48.
PEDAGOGY AND LAW
ERIN Konstantin Andreevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
DRUZHININ Andrey Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
THE IMPORTANCE OF IMPROVING THE TEACHING METHODOLOGY FOR IMPROVING THE EFFECTIVENESS OF PROFESSIONAL AND SERVICE TRAINING OF POLICE OFFICERS
In the article, the authors highlight the problems of professional training of police officers, as well as students of educational organizations of the Ministry of Internal Affairs of Russia, the effectiveness of its organization and conduct. The importance of physical training of law enforcement officers, its specificity and peculiarity in the preparation of future specialized personnel of this system in educational organizations of the Ministry of Internal Affairs, as well as the improvement and development of physical qualities of employees who currently carry out official activities on the territory of the Russian state are revealed. The authors emphasize the importance of improving the methodology of professional and applied training of police officers, as well as students of educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: physical training, physical qualities, professional and applied training, an employee of the Department of Internal Affairs.
Work bibliographic list
1. Gerasimov I. V. Content of physical training of cadets of higher education institutions of the Ministry of Internal Affairs. – Orel: OryuI Ministry of Internal Affairs of Russia, 2003. – S. 63-64.
2. Karasev A. V., Milenin V. M., Safonov D. E., Ufimtsev I. Yu. Complex of basic fighting techniques. – M., 2005. – S. 78.
3. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – S. 473-475. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114. (date of access: 20.09.2022).
PEDAGOGY AND 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”
MANIFESTATION OF SUICIDAL BEHAVIOR AMONG MINORS
Currently, the phenomenon of suicidal behavior is being studied in a socio-humanitarian way. As a result of the accumulation of knowledge, a complex discipline has developed – suicidology. The problem of this type of deviant behavior seems to be relevant for the entire modern civilization. This problem affects all layers of society, age, profession. The article touches upon a very relevant topic of suicidal behavior among minors. The causes of suicidal behavior in adolescence are analyzed. preventive measures are proposed to prevent suicidal behavior among minors, which will help prevent this problem.
Keywords: suicidal behavior, adolescence, minor, teenager, suicide, suicide.
Work bibliographic list
1. Zorina N. S. Suicide among juvenile convicts: factors, causes and prevention // Eurasian legal journal. – 2021. – No. 11 (162). – S. 380-381.
2. Sapogova E. E. Psychology of human development. – M.: Aspect press, 2005. – 464 p.
3. Vlasovskikh R. V., Khalfin R. A. Experience of using a multidisciplinary approach when working with adolescents who have committed suicidal acts // Journal of Critical States Medicine. – 2005. – No. 5. – S. 26-29.
4. Lisina M. I. Communication, personality and psyche of the child / Ed. A. G. Ruzskoy. – M.: Institute of Practical Psychology, 2001. – 384 p.
5. Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” No. 124-FZ dated July 24, 1998. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19558/ (date of access: 09/30/2022).
PEDAGOGY AND LAW
KANZAFAROV Marcel Albertovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
LUKYANOV Alexey Borisovich
Ph.D. in pedagogical sciences, associate professor of Physical education sub-faculty of the Ufa State Aviation Technical University
PHYSICAL TRAINING IN EDUCATIONAL INSTITUTIONS MINISTRY OF INTERNAL AFFAIRS OF RUSSIA: THE ROLE AND IMPORTANCE OF ACADEMIC DISCIPLINE IN THE FORMATION OF PROFESSIONAL COMPETENCE OF FUTURE LAW ENFORCEMENT OFFICERS
The article reveals the importance of physical training of law enforcement officers, its specificity and peculiarity in the preparation of future specialized personnel of this system in educational organizations of the Ministry of Internal Affairs, as well as the improvement and development of physical qualities of employees who currently carry out official activities on the territory of the Russian state. The authors identify the goals and objectives of the physical direction to increase the overall level of competence of the subjects of the Ministry of Internal Affairs. The types of physical training are indicated, depending on the specifics and purpose of the use of physical qualities and the level of their possession in both students and active police officers.
Keywords: physical training, physical qualities, professional and applied training, subject of the law enforcement system, professional competence.
Work bibliographic list
1. Babin A. V., Lukyanov A. B. Actual problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian legal journal. – 2021. – No. 9 (160). – S. 473-475. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114 (date of access: 06/29/2022).
2. Babin A. V. Sports games as a necessary tool for improving the physical fitness of police officers // Eurasian legal journal. – 2021. – No. 8 (159). – S. 375-376. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46697846 (date of access: 06/29/2022).
PEDAGOGY AND LAW
IZILYAEVA Lyudmila Olegovna
Ph.D. in political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
MIKHAYLOVA Kseniya Viktorovna
magister student in the field of Advertising and Public Relations, training profile “Communications in Politics, business and social Design” of the Ufa State Petroleum Technical University
FEATURES OF THE IMPLEMENTATION OF THE PROGRAMS “5-100” AND “PRIORITY-2030” IN THE RUSSIAN FEDERATION
This article discusses the comparison of the results and errors of the Project “5-100” and its successor Program of strategic academic leadership “Priority-2030”. The author of the article analyzes the impact on the content of the project of foreign analogues, primarily “Project 211” on such characteristics as financing, participants, goals. Special attention is paid to the issue of the impact of the Priority 2030 program on the image components of the University’s activities.
Keywords: “Priority 2030; financing of higher education; Project 211; “5-100”; global trends in higher education; image; USPTU.
Work bibliographic list:
1. Antonova A. V. Programs “Project 211” and “Project 985” for the development of national education in China // Education without borders. Altai – Asia 2012: Collection of materials of the Asian Student Forum, June 27-30, 2012 Barnaul, Russia. – Barnaul, 2012. – S. 9-11. – [Electronic resource]. – Access mode: http://vital.lib.tsu.ru/vital/access/manager/Repository/vtls:000469519 (date of access: 04.10.2022).
2. Izilyaeva L. O., Miyanova L. F. Digital society as a political-legal and socio-cultural phenomenon of the modern world // State of the future: actual problems of socio-economic and political-legal development: Sat. Articles VI of the Intern. scientific practical conf. / Rev. ed. prof. E. S. GAREEV – Ufa: UGNTU Publishing House, 2022.
3. Lomonosov Moscow State University Lomonosov: official site. – URL: https://philos.msu.ru/node/4829 (date of access: 03.10.2022).
4. The results of the selection of universities to receive a special part of the grant under the program “Priority 2030” were summed up // Ministry of Science and Higher Education of the Russian Federation. – [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/?ELEMENT_ID=40889 (date of access: 02.10.2022).
5. Trubnikova E. I. Project 5-100: a view through the prism of the theory of institutional corruption // World of Russia. – 2020. – T. 29. – No. 2. – S. 72-91.
6. Kolesnik E. A. Digital employment strategy // Discussion. – 2022. – No. 2 (111). – S. 50-58. – DOI 10.46320/2077-7639-2022-2-111-50-58. – EDN AIEJLQ.
7. Petrov A. M. The role of universities in achieving sustainable economic growth // Discussion. – 2021. – No. 2-3 (105-106). – pp. 49-59. – DOI 10.24411/2077-7639-2019-10095. -EDN YECDOM.
PEDAGOGY 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
PERSONAL QUALITIES AND SKILLS OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA, NECESSARY FOR THE INTRODUCTION OF MEASURES TO COUNTER EXTREMISM AND TERRORISM INTO THE EDUCATIONAL PROCESS
In order to evaluate the effectiveness of various recommendations used in the education system, to assess the achievement of the set goal, which is manifested in the formation of a direction in protection against extremist and terrorist sentiment, there are evaluation criteria. The criteria presented below help to assess the quality of the formation of intolerance towards extremism and terrorism. Measuring the level of formation of a negative position in relation to extremism and terrorism is impossible within the framework of the point and rating systems. Let us consider the knowledge, skills and personal qualities that a student should possess through the introduction of measures to counter extremism and terrorism into the educational process.
Keywords: counteraction, terrorism, extremism, educational process, prevention, education, listeners, qualities, skills
Work bibliographic list
1. Guidelines for preventing the spread of the ideology of extremism in educational organizations / Comp. N. B. Ryazanova. – Krasnodar, 2020. – P.12.
2. Counteracting the ideology of terrorism in the educational sphere and the youth environment. – Moscow, 2019.
3. Bykadorova A. S., Druzhinina K. M. Churilov S. A. Information and educational activities in educational institutions in the prevention of the spread of extremism and the ideology of terrorism among the youth // KPZh. – 2017. – No. 3 (122).
PEDAGOGY AND LAW
MESHEV Islam Khasanbievich
Ph.D. in pedagogical sciences, Deputy Head of Physical training sub-faculty of the North-Caucasian Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
WAYS TO IMPROVE THE EFFECTIVENESS OF COMBATING CRIME AT THE PRESENT STAGE
The article considers the main directions of increasing the effectiveness of combating crime by means of physical training of police officers. Each police officer knows that the effective fight against crime is ensured by readiness to serve in extreme situations, which necessitates continuous improvement of professionally significant qualities. A police officer whose professional duties include protecting the rights of citizens, as well as their freedom, life and health, must have certain skills to counter offenders who are determined to resist or directly harm the health and life of the employee himself. In this regard, the need is determined in the process of physical training to teach police officers at training sessions various methods of struggle and self-defense to protect themselves and citizens.
Keywords: physical training, combat fighting techniques, professionally significant qualities, crime prevention, threat to life and health, police officers.
Work bibliographic list
1. Afov A. Kh. The role of physical training and sports in the professional training of police officers // Education. The science. Scientific personnel. – 2020. – No. 1. – P. 126-128.
2. Malenkina E. A., Ryamova K. A. Features of physical training of employees of internal affairs bodies // In the collection: Health saving as an innovative aspect of modern education. Collection of materials II International scientific and practical Internet conference. Comp. S. A. Medvedev. – St. Petersburg, 2021. – S. 538-546.
3. Meshev I. Kh., Kodzokov A. Kh., Khazhirokov V. A. The role of physical training in the professional activity of employees of the internal affairs bodies of the Russian Federation // Pedagogical journal. – 2019. – T. 9. – No. 5-1. – S. 29-35.
4. Slavko A. L. Physical training as one of the components in the professional training of an employee of the internal affairs bodies // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2017. – No. 2 (30). – S. 75-77.
5. Cherkesov R. M., Kushkhov H. L. Formation of the skills of using hand-to-hand combat in extreme situations in physical training classes among students of educational organizations of the Ministry of Internal Affairs of Russia. Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – S. 64-68.
PEDAGOGY AND LAW
MINGULOV Ilnur Rashitovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
KAZBEKOV Tagir Shamshidovich
senior lecturer of Physical training sub-faculty of the Educational Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
ACTUAL PROBLEMS OF LEGAL REGULATION OF THE SPORTS SPHERE IN THE RUSSIAN FEDERATION
The paper discusses the legal significance of a separate legal institution identified by the authors – sports law. In Russian legislation, this issue remains debatable, since sports law does not develop as a separate legal branch, thereby not consolidating sports norms into a single code and other legal documents. The authors list a number of legal gaps in the fundamental legislative act affecting the main provisions on physical culture and sports in the Russian Federation. The problem of determining the place in the state legal mechanism of the allocated area of law, its subject and method for the formation of the stages of formation of a separate legal system is also indicated.
Keywords: physical culture, national sport, legal gap, branch of law, sports law, sport, professional sports activity.
Work bibliographic list
1. Babin A. V., Zinnatov R. R., Matveev A. S., Moral and patriotic education of youth in the modern world of physical culture and sports // In the collection: Problems and prospects for the development of physical culture and sports in educational institutions. Collection of materials of the VI All-Russian scientific-practical conference. Managing editor S. T. Aslaev. – 2020. – S. 10-12.
PEDAGOGY AND LAW
SEVOSTYANOVA Anna Gennadjevna
lecturer of Philosophy and humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
POPOV Ilya Andreevich
cadet of the Samara Law Institute of the FPS of Russia
IMPLEMENTATION FEATURES OF THE PRISONERS` RIGHT TO EDUCATION IN RUSSIA AND FOREIGN COUNTRIES
The article deals with problematic issues related to the environmental agreement on education. The technologies of infecting and capturing the imitation of new professions are analyzed, which arouse suspicion on the identity of the offender. Full-fledged formation of a complex of skills and the ability to successfully undergo resocialization of feelings in the process of obtaining education after serving the device. The presence of the formation of faster forecasts in the conditions of society and, as a result, minimizes the risk of their marginalization. Various reasons for the emergence of educational opportunities in relations are considered. One of the options for a special educational process in penitentiary institutions is the transition to distance learning. Among the large of this type of training, one can distinguish flexibility, the availability of a schedule with teaching staff, financial efficiency, the amount of time spent, the availability of a natural resource base. The article provides a description of the positive experience of foreign countries, in particular the United States and Denmark. It is noted that in the course of consideration of the current legislation of the Russian Federation, which regulates the process of receiving complaints from primary, secondary and higher education, there is a sufficient availability of the entire legal framework for the implementation of the educational process as one of the main ones for identifying the identity of the offender.
Keywords: law, education, offender`s personality, complex of skills and abilities, penal institution, legislative framework, recurrent crime, educational technologies, distance learning, motivation.
Work bibliographic list
1. European penitentiary rules. Part 4 “Goals and regimes of detention in places of deprivation of liberty” Art. 77-82. – [Electronic resource]. – Access mode: http://www.businesspravo.ru/ (date of access: 11/29/2021).
2. Aleevskaya A. O. Distance education in penitentiary institutions of the United States // Gazette of the penitentiary system. – No. 4 (215). – P. 2-5.
3. Tkachenko E. S., Kosheleva V. O. Problems of obtaining education by convicts in places of deprivation of liberty: legal and psychological and pedagogical aspects // Bulletin of the Vladimir Law Institute. – 2019. – No. 2. – S. 29-34.
4. Lochner L., Moretti E. The Effect of Education on Crime: Evidence from Prison Inmates, Arrests, and Self Reports // American Economic Review. – 2016. – P. 155-189.
5. Prison education in the UK 2021-2023. Information portal about visas to the UK. – [Electronic resource]. – Access mode: https://wikivisa.ru/blog/baza-znaniy/tyuremnoe-obrazovanie-v-velikobritanii-2021-2023-569/ (date of access: 1.12.2021).
6. Federal Penitentiary Service of Russia for the Republic of Tatarstan. Official site. – [Electronic resource]. – Access mode: https://16.fsin.gov.ru/ (date of access: 11/30/2021).
7. What happens to prisoners in a pandemic? HMI Prisons – Home. – [Electronic resource]. – Mode of access: https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/what-happens-to-prisoners-in-a-pandemic/ (Accessed 12/1/2021).
PEDAGOGY AND LAW
NIMIROVSKAYA Yuzefa Kazimirovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology sub-faculty of the Saint Petersburg University of the MIA of Russia
DISSEMINATION OF INNOVATIVE PEDAGOGICAL EXPERIENCE IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA: METHODOLOGICAL ASPECT
The article is devoted to the discussion of the importance of studying and presenting innovative developments in the pedagogical practice of teachers of educational organizations of the Ministry of Internal Affairs of the Russian Federation. For this purpose, pedagogical experience is considered, and the possibility of using innovative activity of a teacher in a wide pedagogical practice is also discussed. The interrelation with the readiness and ability of pedagogical workers to generalize and disseminate their pedagogical activities is substantiated.
Keywords: dissemination, pedagogical experience, innovative pedagogical activity.
Work bibliographic list
1. Berezin D. T. Active and interactive methods, forms and means of education: on the example of YaGPU named after. KD Ushinsky // Socio-political studies. – 2019. – No. 4 (5). – S. 138-152.
2. Boguslavsky M. V. Scientific foundations of the historical and pedagogical expertise of innovations in education // Domestic and foreign pedagogy. – 2016. – No. 1 (28). – P. 11.
3. Bykova E. A. Formation of motivation for innovative activity among students – future teachers // Prospects of science and education. – 2019. – No. 4 (40). – S. 102-115.
4. Vardanyan Yu. V. Dissemination of innovative experience as a factor in the modernization of pedagogical education // Higher education in Russia. – 2013. – No. 4. – P.86-91.
5. Slobodchikov V. I. Problems of formation of innovative education // Innovations in education. – 2003. – No. 2. – S. 4-28.
6. Slastenin V. A., Podymova L. S. Readiness of the teacher for innovative activity // Pedagogical science and education. – 2006. – No. 1. – P.32-37.
7. Fishchenko K. S. Modern approaches to determining the quality of education in various systems for assessing effectiveness // Economics and management of innovative technologies. – 2016. – No. 1. [Electronic resource]. – Access mode: http://ekonomika.snauka.ru/2016/01/10729 (date of access: 09/04/2022).
8. Fridman L. M. Pedagogical experience through the eyes of a psychologist. – M .: Education, 1987. – P. 4.
PSYCHOLOGY AND LAW
RAGZIN Nikita Sergeevich
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
ZAGORULKIN Kirill Andreevich
lecturer of Foundations of expert-criminalistic activities sub-faculty of the Volgograd Academy of the MIA of Russia
ABOUT THE SEMINAR SESSION AT THE UNIVERSITY AT THE PRESENT STAGE OF DEVELOPMENT
Ever-increasing requirements for the quality of education because of social progress and high rates of development of science and technology establish new levels of qualification for teachers. Nowadays, the seminar as a form of training organization plays a special role on solving a variety of didactic problems. Qualitative organization of this form of education process helps to increase the motivation of students, develop independence, and strengthen to will to overcome difficulties in mastering education materials. The article provides an overview of the organizational aspects of holding seminars at the university at the present stage of development.
Keywords: seminar session, motivation, organizational role of the teacher.
Work bibliographic list
1. Pankova N. M., Kabanova N. N. Modern educational technologies at the university // Modern problems of science and education. – 2015. – No. 2-3. – S. 220.
2. Ivashkin E. G., Zhukova L. P. Organization of classroom work in educational institutions of higher education: textbook. allowance; Nizhny Novgorod. state tech. un-t im. R. E. Alekseeva. – Nizhny Novgorod, 2014. – 80 p.
3. Voronin A. S. Dictionary of terms in general and social pedagogy. – Ekaterinburg: GOU VPO USTU-UPI, 2006. – 135 p. – [Electronic resource]. – Access mode: http://lomonpansion.com/files/ustu280.pdf (date of access: 11/18/2022).
4. Great Soviet Encyclopedia: [in 30 volumes] / Ch. ed. A. M. Prokhorov. – 3rd ed. – M.: Soviet Encyclopedia, 1969 – 1978.
5. Volkov, A. A. On the methodology of conducting training seminars in higher education. – [Electronic resource]. – Access mode: https://uchkom.info/publikatsii/4316/ (date of access: 10/18/2022).
PSYCHOLOGY AND LAW
MAJUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
YUMAGULOVA Nina Ivanovna
computer science teacher of the highest category of the Moscow State Educational Institution “School No. 64”, postgraduate student of the Moscow City University
SAMOLOVOV Nikolay Alexandrovich
Ph.D. in pedagogical sciences, associate professor of the Nizhnevartovsk State University
BELYAEVA Larisa Vitaljevna
practical psychologist, postgraduate student of the Bashkir State University
GAYSIN Eduard Damilisovich
Ph.D. in agricultural sciences, associate professor, Vice-Rector for Innovative Development of the Bashkir Intersectoral Institute of Occupational Safety, Ecology and Safety at Work
EMOTIONAL UPBRINGING AS A BASIC INDICATOR OF A SPECIALIST’S PERSONAL COMPETENCE IN SOCIONOMIC PROFESSIONS
The article presents a theoretical analysis of domestic and foreign psychological and pedagogical literature on the problem of research, during which the authors clarified the definition of “emotional upbringing”, showed its relationship with empathy and empathic culture in the aspect of professional training of representatives of socionomic professions. Special attention is paid to the professional and ethical aspects of the future specialist’s activity and the description of the essential characteristics of the emotional upbringing of the individual in the context of axiological and competence-contextual approaches, its structure and mechanisms that ensure the emotional and sensory cognition of the immanent world of another individual by the subject. The study describes the levels of emotional upbringing of the individual and identifies the main indicators of emotional personality: emotional need, emotional assessment, emotional intelligence, emotional judgment, emotional flexibility, culture of emotional manifestations. The authors prove that emotional upbringing is a cross–cutting characteristic of the emotional-affective sphere of a person associated with divergent feeling and manifested at all levels of the organization of emotions from propathic to epicritical.
On the basis of generalization and systematization of ideas about emotional upbringing, its definition is proposed, in which the levels of development of the emotional-affective sphere of a person, emotions and feelings, their convergent or divergent orientation are focused and synthesized. In this sense, emotional upbringing is a personality trait characterized by a set of sufficiently formed socially significant qualities, in a generalized form reflecting the system of emotional and value relations of a person to society and the collective, to work, to people, to himself and ensuring the regulation of his own behavior and activity in accordance with social norms and rules.
Within the framework of the subject of the study, the authors consider emotional upbringing as an integral personal characteristic that is associated with activity and is a basic indicator of a specialist’s personal competence in socionomic professions.
Keywords: emotional upbringing, socionomic professions, competence-contextual approach, empathy, social empathy, emotional-sensory cognition, emotional-affective sphere of a person.
Work bibliographic list
1. Abzalilova T. V. Transformation of education as a phenomenon of objective reality: monograph. – Orenburg: University, 2021. – 280 p.
2. Akulova O. V., Radionova N. F., Tryapitsyna A. P. Competence-based approach as a guideline for the modernization of pedagogical education // Academic Readings. – St. Petersburg: SPbGIPSR, 2009. – Issue. 6: Competence-based approach in modern education. – P. 11-14.
3. Asadullin R. M. Modern vocational education: principles of innovative design of the educational process // Pedagogical journal of Bashkortostan. – 2017. – No. 3 (70). – P. 7-10.
4. Breslav G. M. Psychology of emotions: textbook. – 3rd edition, stereotypical. – M.: Meaning: Academy, 2007. – 544 p.
5. Verbitsky A. A., Kalashnikov V. G. Category “context” in psychology and pedagogy. – M.: Logos, 2010. – 300 p.
6. Vetluzhskaya M. V., Abramova A. A., Serdakova K. G., Bykova E. E., Khammatova R. S., Shurupova R. V. Peculiarities of emotional intelligence and empathic abilities in medical students // Integration education. – 2019. – T. 23. – No. 3 (96). – S. 404-422.
7. Vygotsky L. S. On two directions in understanding the nature of emotions in foreign psychology at the beginning of the 20th century // Questions of Psychology. – 1968. – No. 2. – S. 149-156.
8. Zagvyazinsky V. I. Strategy for the development of education in the period of its modernization. Obrazovanie i nauka. – Pedagogy, 2003. – No. 24. – P. 15-19.
9. Ilyin E. P. Emotions and feelings. – St. Petersburg: Peter, 2001. – 752 p.
10. Kiryakova A. V. Axiology of education: Fundam. research in pedagogy. – M .: House of Pedagogy, 2008. – 578 p.
11. Kiryakova A. V., Moroz V. V. Axiology of creativity. – M .: House of Pedagogy, 2014. – 225 p.
12. Rozenova M. I. Relationships of love in the context of everyday consciousness, development, training, education and socialization of the individual. – M.: MGUP, 2006. – 526 p.
13. Lyusin D. V. Modern ideas about emotional intelligence // Social intelligence: Theory, measurement, research / Ed. D. V. Lyusina, D. V. Ushakova. – M.: Institute of Psychology of the Russian Academy of Sciences, 2004. – S. 29-36.
14. Averill J. R. Emotions as mediators and as products of creative activities. In J. Kaufman & J. Baer (Eds.). Creativity across domains: Face of muse. – Mahwah, N. Y.: Erlbaum, 2005. – Prop. 225-243.
fifteen. Rachkovskaya N. A. Development of the emotional culture of the future social pedagogue at the university: methodology, theory, practice: Abstract of the thesis. dis. … doc. ped. Sciences: 13.00.01 [Place of protection: Moscow state. region un-t] / N. A. Rachkovskaya. – M., 2012. – 49 p.
16. Serdakova K. G. Emotional burnout and emotional intelligence of psychiatrists and forensic psychiatrists: diagnosis and prevention // Bulletin of the Ekaterininsky Institute. – 2015. – No. 1 (29). – S. 92-94.
17. Strakhova L. M. Formation of the emotionality of the pedagogical activity of future teachers: Dis. … cand. ped. Sciences: 13.00.01. [Place of protection: Saratov state. un-t im. N. G. Chernyshevsky]. – Saratov, 2000. – 185 p.
18. Simonov P. V. Emotional brain. – M.: Nauka, 1981. -215 p.
19. Fedorov I. V. Assumptions about the responsive nature of empathy // Siberian Journal of Psychology. – 2014. – No. 53. – P. 64-72. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=22138151 (date of access: 07/12/2021).
20. Yakovleva E. L. Emotional mechanisms of personal and creative development // Questions of psychology. – 1997. – No. 4. – S. 20-27.
21. Caruso D. R., Mayer J. D., Salovey P. Relation of an ability to measure emotional intelligence to personality // Journal of Personality Assessment. -2002. – V. 79. – P. 306-320.
22. Emmerling R. Emotional intelligence: issues and common misunderstanding / R. Emmerling, D. Goleman. 2003. – [Electronic resource]. – Access mode: http://eqi.org/index.htm (date of access: 05/12/2022).
23. Everhart R. S. Teaching tools to improve the development of empathy in service-learning students // Journal of Higher Education Outreach and Engagement. – 2016. – Vol 20, No. 2. – P. 129. – [Electronic resource]. – Access mode: http://openjournals.libs.uga.edu/index.php/jheoe/article/view/1652/939 (Accessed 07/12/2021).
24. Mayer J. D. Emotional intelligence: popular or scientific psychology. 2005. – [Electronic resource]. – Access mode: http://www.apa.org/monitor/sep99/ (date of access: 05/12/2022).
25. Stojiljkovic S., Djgic G., Zlatkovic B. Empathy and Teachers’ Roles // Procedia – Social and Behavioral Sciences. – 2012. – Vol. 69. – P. 960-966. DOI: https://doi.org/10.1016/j.sbspro.2012.12.021 (accessed 12.07.2021).
26. Torres L. H., Bonilla R. E., Moreno A. K. Empathy in future teachers of the Pedagogical and Technological University of Colombia // Journal of New Approaches in Educational Research. – 2016. – Vol. 5, No. 1. – P. 30-37. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.7821/naer.2016.1.136 (date of access: 07/12/2021).
27. Rehman J. Feel Our Pain: Empathy and Moral Behavior. 2015. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.13140/RG.2.1.2297.1763 (date of access: 07/12/2021).
28. Vetluzhskaya M. V., Abramova A. A., Serdakova K. G., Maximova M. E. Is gender-based approach applicable to the development of medical students’ emotional intelligence and empathic abilities as key professional competences for an aspiring physician? // European Journal of Contemporary Education. – 2021. -V. 10. – No. 3. – Pr. 740-755.
29. Walter H. Social Cognitive Neuroscience of Empathy: Concepts, Circuits, and Genes // Emotion Review. – 2012. – Vol. 4, Issue 1. – P. 9-17. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.1177/1754073911421379 (date of access: 07/12/2021).
30. Wilson J. C. Service-learning and the development of empathy in US college students // Education & Training. – 2011. – Vol. 53(2–3). – P. 207-217. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.1108/00400911111115735 (date of access: 07/12/2021).
SOCIOLOGY AND LAW
AMBRUSHKEVICH Konstantin Vladimirovich
Chief Key Account Manager, Sberbank, Moscow
SOCIAL PORTRAIT OF SUBJECTS OF YOUTH ENTREPRENEURSHIP
The article discusses the qualities that young entrepreneurs should have, allowing to determine the portrait of youth entrepreneurship in the Russian region – the Tyumen region. Youth entrepreneurship allows you to involve young people not only in the economic activities of the region, but also contributes to their employment, self-development and self-realization. The survey revealed the social qualities of young entrepreneurs, including leadership, creativity, purposefulness, and a set of communication skills.
Keywords: youth, entrepreneurship, youth entrepreneurship, leadership qualities, creativity.
Work bibliographic list
1. Manheim K. Selected: Diagnosis of our time. – M .: RAO Talking Book, 2010. – 744 p.
2. Osipov GV Sociology and social mythmaking. – M.: Norma, 2002. – 615 p.
3. Palamarchuk O. N. Study of youth motivation for entrepreneurial activity // Almanac of modern science and education. – Tambov: Diploma, 2013. – No. 11 (78). – C. 122-126.
4. Federal Law No. 209-FZ of July 24, 2007 “On the Development of Small and Medium Enterprises in the Russian Federation”. [Electronic resource]. – Access mode: www.base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=102186 (date of access: 09/06/2022).
5. Khairullina N. G. Russian civil society: regional aspect // Eurasian legal journal. – 2020. – No. 4 (143). – S. 375-376.
6. Khairullina N. G., Baranova K. L. Retirement age of Russians: assessments and opinions. – Tyumen: Tsogu, 2012. – 99 p.
7. Khusainova Zh. S., Zhartai Zh. M., Adilova Zh. G. Features of the socio-economic portrait of youth entrepreneurship in the national economy // Bulletin of Karaganda University. Series: Economy. – 2019. – T. 94. No. 2. – S. 182-195.
ECONOMY. RIGHT. SOCIETY
Lukmanova Yuliya Shafkatovna
Ph.D. in science philosophicals, associate professor of Social work sub-faculty of the Bashkir State University
ABRAROVA Zinira Foatovna
Ph.D. in science philosophicals, associate professor, Head of Social work sub-faculty of the Bashkir State University
METHODS OF MANAGEMENT AND IMPROVEMENT OF THE EFFECTIVE ACTIVITY OF THE HEAD OF THE SOCIAL SPHERE
One of the most important problems of organizational and managerial activity is the improvement of the personnel management system. Nowadays, there is still no single clear and understandable criterion for evaluating the effectiveness of an employee, since each organization, each region has its own opinion on how to properly build the management order, the system of relationships between personnel and by what criteria to select subordinates.
Keywords: social sphere, personnel management, efficiency of the head.
Work bibliographic list.
1. Deineka A. V Personnel management. – M.: Dashkov i K, 2013. – 292 p.
ECONOMY. RIGHT. SOCIETY
MUKHAMADIEVA Elvira Fanirovna
Ph.D. in economic sciences, associate professor of Economical security sub-faculty of the Ufa State Petroleum Technological University
GALIMULLINA Snegana Radikovna
magister student of the Institute of Economic and Service of the Ufa State Petroleum Technological University
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Bashkir State University
GILYZOVA Alisa Ildarovna
student of the Faculty of the Mathematics and Information Technology of the Bashkir State University
THE IMPACT OF THE EXECUTION OF EXTRA-BUDGETARY FUNDS ON THE ECONOMIC SECURITY OF THE STATE
The relevance of research. Ensuring the security of state extra-budgetary funds implies maintaining the normal functioning of these funds, suppressing threats and applying sanctions for certain violations of the work and activities of the funds. This type of funds is necessary to meet the important needs of the population.
Keywords: extra-budgetary funds, economic security of the state, Pension Fund of the Russian Federation.
Work bibliographic list
1. Galimullina N. A. Evaluation of the counteraction of the internal affairs bodies to the shadow economy in the Russian Federation// Innovative development of the economy. – 2018. – No. 3 (45). – S. 296-305.
2. Galimullina N. A. Ensuring economic security in the budgetary sphere // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2019. – No. 1. – P. 128-132.
3. Kashipova I. R., Mukhamadieva E. F. The main tools to combat the deficit of state extra-budgetary social insurance funds // Modern Science. – 2010. – No. 3. – P. 83-87.
4. Sharko D. M., Fomenko A. I. Actual problems of the Pension Fund of Russia: legal status and development trends // Intellectual resources for regional development. – 2022. – No. 1. – P. 444-448.
ECONOMY. RIGHT. SOCIETY
NIKITENKOVA Maria Alexandrovna
Ph.D. in economic sciences, Deputy Director of the Institute of World Transformations, senior researcher of the Institute of USA and Canada Studies of the Russian Academy of Sciences
LEGISLATIVE AND INSTITUTIONAL ASPECTS OF BUILDING DIGITAL INFRASTRUCTURE IN HEALTHCARE SYSTEM IN THE USA AND CANADA
The article presents a study of state regulation of building a digital healthcare infrastructure in Canada and the United States, conclusions are drawn about possible prospects for Russia. There is a description of the development of health care systems in the medium term. It has been determined that digital infrastructure will determine the conditions and accessibility of medical services provided. An analysis of statistical data of the digital transformation of healthcare showed that in Russia less funds were allocated from private and federal sources than in the United States and Canada.
Keywords: digital transformation, healthcare, government regulation, digital infrastructure information and communication technologies, USA, Canada
Work bibliographic list
1. Accélérer la mise en œuvre des évaluations de l’état de préparation au commerce électronique DEUXIÈME ÉDITION. Nations Unions. 2022. [Electronic resource]. – Access mode: https://unctad.org/system/files/official-document/dtlstict2022d5_fr.pdf (accessed: 08/28/2022).
2. ANNUAL REPORT 2018-2019 A new day in health care is coming. 2020. [Electronic resource]. – Access mode: https://www.infoway-inforoute.ca/en/component/edocman/3726-annual-report-2018-2019/view-document?Itemid=101 (accessed: 08/28/2022).
3. Dataset: Health expenditure and financing. [Electronic resource]. – Access mode: https://stats.oecd.org/Index.aspx?DataSetCode=SHA.
4. MEDIA RELEASE: How does Canada build a digital and data-driven healthcare system? 2022. [Electronic resource]. – Access mode: https://www.bloomberg.com/press-releases/2022-08-25/media-release-how-does-canada-build-a-digital-and-data-driven-healthcare-system ( accessed: 08/28/2022).
5. Personal Information Protection and Electronic Documents Act (PIPEDA) // Published by the Minister of Justice. [Electronic resource]. – Mode of access: http://laws-lois.justice.gc.ca.
6. Reforming America’s Healthcare System Through Choice and Competition. [Electronic resource]. – Access mode: https://www.hhs.gov/sites/default/files/Reforming-Americas-Healthcare-System-Through-Choice-and-Competition.pdf (accessed: 08/28/2022).
7. The digital disruptors are changing health care in Canada. [Electronic resource]. – Access mode: https://www.pwc.com/ca/en/industries/technology/digital-disruptors-changing-health-care-in-canada.html (accessed: 08/28/2022).
8. Trimble I., Zborovski S. In brief: digital healthcare in Canada // Stikeman Elliott. [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=4c1677c4-fc89-42c2-9a8a-4d02c33f0b49 (accessed: 08/28/2022).
9 Worldbank. Current health spending (% of GDP). 2022. [Electronic resource]. – Access mode: https://data.worldbank.org/indicator/SH.XPD.CHEX.GD.ZS (accessed: 08/28/2022).
10. Nikitenkova M. A. Threats of social tension in the context of “increasing” digitalization: possible solutions / Financial Economics. – 2021. – No. 12. – P. 76-81. ISSN 2075-7786. DOI 10.255997/FIE.2021.95.12.001.
ECONOMY. RIGHT. SOCIETY
NOVIKOVA Olga Sergeevna
postgraduate student of the State University of Management
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economic sciences, professor, professor of Project management sub-faculty of the State University of Management
HARMONIZATION OF THE ORGANIZATIONAL STRUCTURE OF MANAGEMENT AND THE BUSINESS MODEL OF THE ENTERPRISE IN THE CONTEXT OF DIGITALIZATION OF THE ECONOMY
Modern conditions of digitalization of the economy dictate to enterprises interested in maintaining their competitiveness the requirement to transform business models. Such changes, in turn, entail changes in the organizational structure of management. The article describes one of the options for organizational changes, involving the creation of a data and knowledge management unit at the enterprise. The official composition of the unit and its functionality are described with a sufficient degree of detail. Recommendations are given for the gradual development of the data and knowledge management unit and the involvement of related business units.
Keywords: management, business model, digitalization, organizational changes, organizational structure of management.
Work bibliographic list
1. Anderson K. Analytical culture. From data collection to business results. – M.: Mann, Ivanov and Ferber, 2017. – 336 p.
2. Zelentsova L. S., Shalamova N. G., Vorontsova Yu. V. Methodology of advanced assessment of the competitiveness of high-tech products in the context of digitalization. – M.: GUU, 2020. – 164 p.
3. Novikova O. S. Approach to the implementation of a data management system, its main components // Reforms in Russia and problems of management – 2021: materials of the 36th All-Russian Scientific Conference of Young Scientists. – Moscow, 2021. – S. 111-115.
4. Novikova O. S. Data management function as one of the foundations for transforming a company’s business model // Economic Sciences. – 2022. – No. 4 (209). – S. 142 -147.
5. Pigne I., Osterwalder A. Construction of business models. Handbook of the strategist and innovator. – M.: Alpina Publisher, 2020. – 288 p.
6. Chernov S. B., Novikova O. S. Ensuring data security in the digital economy // Economic Sciences. – 2020. – No. 189. – P. 104-109.
7. 4CDTO Tutorial. About digitalization and digital transformation. Second edition / 4CIO Top Managers Club, 2021. – 989 p.
8. Kolyadov L. V., Gimelshtein I. V., Zakharova A. V., Chernov S. B., Gorlov V. V. Opportunities to Improve the Competitiveness of Russian Industry and the Final Product Being Created in the Conditions of Digitalization // Lecture Notes in Networks and Systems. – 2021. – 2 80. – Rp. 306-316.
ECONOMY. RIGHT. SOCIETY
POPOVA Tamara Vladimirovna
Ph.D. in economical sciences, associate professor, Head of Human, social and economic studies sub-faculty of the Vladimir Law Institute of the FPS of Russia
ZARIPOV Renat Raviljevich
Ph.D. in economical sciences, associate professor, Head of Management and administrative law sub-faculty of the Vladimir Law Institute of the FPS of Russia
ENSURING RUSSIA’S TECHNOLOGICAL INDEPENDENCE AS A BASIS FOR SUSTAINABLE DEVELOPMENT OF THE NATIONAL ECONOMY
The technological independence of Russia is becoming a necessary and indispensable condition for the stability and preservation of the national economy during the economic war unleashed by foreign countries. Internal factors associated with high barriers to entry into the high-tech market, imperfection of the current legislation, underdevelopment of infrastructure, lack of financial resources, as well as external factors associated with direct and indirect sanctions restrictions on the development of domestic high-tech economic activities pose a serious threat to the economic security of Russia. Based on the analysis of statistical data, the article presents a description of the real state of the scientific and technological potential of the country, identified “bottlenecks”. The authors propose to consider the aggressive sanctions policy of foreign countries as an incentive to restructure the structure of the Russian economy, create a modern domestic model of the economy that meets the requirements of scientific and technological progress based not only on building economic relations with friendly countries, but also on the development and accelerated implementation of its own scientific and technological potential.
Keywords: high-tech production, science-intensive activity, scientific and technological potential, economic sanctions, sovereign technical reserve, economic security.
Work bibliographic list
1. Mishustin announced a decline in certain sectors of the Russian economy. – [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/07/04/18061784.shtml (date of access: 09/28/2022).
2. Official website of the European Union. – [Electronic resource]. – Access mode: https://finance.ec.europa.eu/eu-and-world/sanctions-restrictive-measures/sanctions-adopted-following-russias-military-aggression-against-ukraine_en#sanctions (date of access: 28.09 .2022).
3. Putin said that Russia is being denied access to high technology to curb development. – [Electronic resource]. – Access mode: https://yandex.ru/turbo/tvzvezda.ru/s/news/20227181427-gaax4.html (date of access: 09/28/2022).
4. The US imposed sanctions. – [Electronic resource]. – Access mode: https://www.rbc.ru/politics/31/03/2022/6245b93e9a7947e8b08c20c7 (date of access: 09/28/2022).
5. Technological development of economic sectors. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/11189 (date of access: 09/30/2022).
6. Science, innovation and technology. – [Electronic resource]. – Access mode: https://rosstat.gov.ru/statistics/science (date of access: 09/30/2022).
7. Economic sanctions against Russia: expectations and reality / Ed. R. M. Nureeva. – Moscow: KNORUS, 2017. – 194 p.
ECONOMY. RIGHT. SOCIETY
UGLINSKAYA Viktoriya Vladimirovna
Ph.D. in economic sciences, Rubtsovsky Industrial Institute (branch) of the I. I. Polzunov Altai State Technical University
THE EVOLUTION OF REFORMING THE HOUSING AND COMMUNAL SERVICES SYSTEM IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE
The purpose of the work is to study the main aspects of the reform of housing and communal services (HCS) in the Russian Federation at the present stage. The Government of the Russian Federation pays quite a lot of attention to issues related to improving the living conditions of the population. Many of the ongoing projects are successful and are approved by citizens (in particular, information projects). The article deals with the main problems of the process of reforming the housing and communal services sector. The main stages of the housing and communal services reform and the regulatory documents regulating this area at different time intervals are listed. At the end of the article, a conclusion is made about the current results of the reform and recommendations are given for optimizing the process.
Keywords: housing and communal services, the Russian Federation, reform, overhaul, digitalization.
Work bibliographic list
1. Gerasimova A. V., Zyablitskaya N. V. Reform of the housing and communal services of the Russian Federation // Regional problems of transformation of the economy. – 2019. – No. 4. – P. 12-18.
2. Ivanova K. A. Features of housing and communal services management at the municipal level. – M.: Prospekt, 2020. – 64 p.
3. Shapovalenko V. A., Dekhtyar E. V., Kostyshak M. M. Modern approaches to reforming housing and communal services in Moscow and the Moscow region // Economics and Entrepreneurship. – 2018. – No. 7. – P. 519-523.
4. Karataev E. M., Merkuriev V. V. Stages of reforming the housing and communal services in Russia // Moscow Economic Journal. – 2020. – No. 9. – P. 510-520.
5. Kaderov N. I., Medvedeva E. N., Smirnova Yu. O. Analysis of modern aspects of the reform of housing and communal services // Young scientist. – 2017. – No. 10. – P. 237-241.
6. Kazanbieva A. Kh. Reform of housing and communal services in Russia: analysis and evaluation of performance // Bulletin of the University. – 2019. – No. 9. – P. 82-90.
7. Pavlov A. N. “GIS housing and communal services” and “Housing and communal services reform” – new steps towards informatization of the housing and communal services industry in Russia // Problems and prospects of economyki and management: materials of the VI Intern. scientific conf. St. Petersburg, December 2017 – St. Petersburg: Own publishing house, 2017. – P. 222-225.
8. Chotchaev A. N. Housing and communal services: current state, problems, development prospects // Education and science in Russia and abroad. – 2018. – No. 9. – P. 165-171.
ECONOMY. RIGHT. SOCIETY
LIANG Ting
postgraduate student of the Moscow State Pedagogical University
SYSTEM OF METHODS FOR ASSESSING THE COMPETITIVENESS OF CORPORATE STRUCTURES
The article shows the significance of using of various groups of methods for studying the competitiveness of modern corporate structures. The systematization of the main types of methods for assessing the competitiveness of corporations in modern economic conditions is carried out. The necessity of synthetic use of various groups of methods is shown. Special attention is paid to the features and problems of using economic and statistical methods for assessing the competitiveness of modern corporate structures, especially the use of single- and multi-factor correlation and regression analysis tools for such purposes.
Keywords: competitiveness, corporate structures, competitiveness assessment, assessment methods.
Work bibliographic list
1. Abalkin L. I. Selected works. – M.: Olimp-press, 2020. – 482 p.
2. Arzhenovsky SV Econometric methods. Lecture course. – Novocherkassk: NGTU, 2020. – 238 p.
3. Afonin IV Management of enterprise development: strategic management, innovations, investments, prices. – M.: Dashkov i K, 2020. – 332 p.
4. L. V. Kantorovich, Optimal Solutions in Economics. – M.: Nauka, 1972. – 288 p.
5. L. I. Lopatnikov, Economic and Mathematical Dictionary. – M.: Nauka, 2011. – 542 p.
6. Nemchinov V. S. Economic and mathematical methods and models. – M.: Sotsekgiz, 1962. – 472 p.
7. Banner F. Crowdsourcing the law. – Wash, 2019. – 128 p.
8. Carlo M. The principles of innovation modeling. – Bernley, 2019. – 268 p.
9. Nelson R. National Systems of Innovation: A Comparative Analysis. – Oxford, 2013. – 322 p.
PHILOSOPHY. RIGHT. SOCIETY
PSHIBYLSKIY Daniil Yurjevich
magister student of the 1st course of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technological University,
THE ROLE OF PERSONNEL EVALUATION IN IMPROVING THE EFFICIENCY OF PROFESSIONAL ACTIVITY OF CIVIL SERVANTS
The article discusses the problems of improving the efficiency of civil service employees and the prospects for their solution using the methodology of personnel assessment. The universality of the methods of assessing the professional competence of employees developed within the framework of the personnel assessment methodology is shown. The conduct authors a comparative analysis of the features of the organization of personnel competence assessment in a number of foreign countries and in the Russian Federation, on the basis of which unified performance indicators of official duties are proposed, applicable in most departments of the civil service .
Keywords: personnel management, personnel evaluation methodology, public service, public service.
Work bibliographic list
1. Sinyagin Yu. V., Nikolaeva M. V. Legislative and professional content in psychological diagnostics // Public Service. – 2010. – No. 4. – S. 30-33.
2. Sofinsky N., Kirichenko M., Bockeria V. Criteria and method for assessing the level of potential regional load and labor efficiency of state labor inspectorates // Chelovek i trud. – 2009. – No. 3. – S. 63-69.
3. Chernoskutov V. E. On the role of international cooperation in the professional training of state and municipal employees // Development of territories. – 2019. – No. 2 (16). – S. 39-48.
PHILOSOPHY. RIGHT. SOCIETY
AKBASHEVA Dilara Khambalovna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Bashkir State University
AXIOLOGICAL FOUNDATIONS OF HUMANISM IN ISLAM
The article explores the axiological foundations of humanism in Islamic teaching by identifying existential and ethical values in it that are common with global, universal values. The socio-philosophical analysis of the ideas of humanism in Islam makes it possible to deepen the understanding of this religious teaching and realize the possibilities of the influence of spirituality on life-affirming values.
Keywords: humanism, man, Islam, God, values, religion, morality, morality.
Work bibliographic list
1. Guseynov A. A. Great moralists. – M., 1995.
2. Ibrahim T.K. Koranic humanism. – M., 2015.
3. Ionova AI Modern Islam, man and society // Culture and religion. – M., 1991. – No. 7.
4. Solovyov V. S. Mohammed. Founder of Islam. – M., 1994.
PHILOSOPHY. RIGHT. SOCIETY
VEZLOMTSEV Viktor Evgenjevich
Ph.D. in science philosophicals, associate professor of Philosophy and history sub-faculty of the Academy of Law Management of the FPS of Russia
VEZLOMTSEVA Svetlana Gennadjevna
Ph.D. in economical sciences, associate professor of Economics and management sub-faculty of the Academy of the FPS of Russia
CORRUPTION IS A QUALITATIVE PORTRAIT OF THE PHENOMENON IN A QUANTITATIVE DIMENSION
The article examines the existing methods of assessing the scale of corruption in the world, analyzes their advantages and disadvantages. Particular attention is paid to the analysis of the reliability of the Transparency International Corruption Perception Index, which is popular in the media and in the scientific community. It is shown that the main problems in measuring the level of corruption are: the lack of a universal definition of “corruption” and the fact that corruption is a latent phenomenon, obtaining reliable data about which it is impossible to obtain in full. The author also substantiates the use of a comprehensive analysis of corruption manifestations to obtain an objective result of the study.
Keywords: corruption, corruption definition, corruption latency, corruption level measurement, data objectivity.
Work bibliographic list
1. Danielle E. Warren & William S. Laufer. Are Corruption Indices a Self-Fulfilling Prophecy? A Social Labeling Perspective of Corruption // Journal of Business Ethics. 2009. Volume 88(4). R. 841-849.
2. Heywood P.M. Measuring corruption: perspectives, critiques and limits. Routledge Handbook of Political Corruption. Oxon: Routledge. 2015. R. 137-153.
3. [Electronic resource]. – Access mode: http://www.unicri.it/ (accessed 03/27/2022)
4. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (accessed 03/15/2022)
5. [Electronic resource]. – Access mode: https://transparency.org.ru/projects/GCB%20Citizens%20voices_FINAL.pdf (Accessed 1.03.2022)
6. [Electronic resource]. – Access mode: https://transparency.org.ru/research/barometr-mirovoy-korruptsii/barometr-mirovoy-korruptsii-2003.html (Accessed 03/28/2022)
7. [Electronic resource]. – Access mode: https://transparency.org.ru/research/barometr-mirovoy-korruptsii/transparency-international-vypustilo-devyatyy-barometr-mirovoy-korruptsii-.html (accessed 03/12/2022)
8. [Electronic resource]. – Access mode: https://transparency.org.ru/research/indeks-vospriyatiya-korruptsii/rossiya-v-indekse-vospriyatiya-korruptsii-2017-posadki-ne-pomogli.html (Accessed 03/11/2022)
9. [Electronic resource]. – Access mode: https://www.europarl.europa.eu/at-your-service/en/be-heard/eurobarometer (Accessed 21.03.2022)
10. [Electronic resource]. – Access mode: https://www.transparency.org/en/# (Accessed 03/21/2022)
11. Leslie Holmes. corruption. A very short introduction. NY, 2015. P. 216.
12. Melgar, M., Rossi M., Smith T. W. The perception of corruption // International Journal of Public Opinion Research. 2010. Volume 1. P. 120-131.
13. Moises Naim // Brown Journal of World Affairs. 1995. Volume 2(2). R. 245-261.
14. Treisman, D. The causes of corruption: a cross-national study // Journal of Public Economics. 2000. Volume 76(3). P. 399-457.
15. Balog M.M. Measurement of corruption: problems and main approaches // Bulletin of the Pskov State University. Series: Economy. Right. Control. 2015. No. 2. P. 75-80.
16. V. E. Vezlomtsev. Socio-philosophical analysis of the dominant matrices of corrupt behavior in Russia // Eurasian Law Journal. 2018. No. 7 (122). C 431-434.
17. Kotlyarov S. B., Chicherov E. A. Indicators of measuring corruption: concept and improvement. – Text: direct // Actual problems of law: materials of the IV Intern. scientific conf. (Moscow, November 2015). Moscow: Buki-Vedi, 2015, pp. 6-9.
18. Nozdrachev A. F. Corruption as a legal problem in questions and answers // Lawyer. 2007. No. 10. S. 34-49.
19. Rose-Ackerman S. Corruption and the state. Causes, effects, reforms. 2nd ed. M.: Logos, 2010. 356 p.
20. Explanatory dictionary of the Russian language. In 3 vols. T. 1. / Ed. prof. D. N. Ushakova. Moscow: Veche, Mir knigi, 2001. 704 p.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
«ALL RUSSIANS CITIZENS ARE RUSSIANS BY MENTALITY»: PROBLEMS OF NATIONAL-CIVIL IDENTITY FORMATION IN THE PROCESS OF SMO
The discordance of physical, historical, technological, social, and psychological time leads to the layering of concepts, institutions, and mental attitudes. The acceleration of modernity actualizes the most unexpected moves of history, opens emergent windows of opportunity. On the centenary of the creation of the USSR the SMO began and the gravediggers of the first Soviet state (S. S. Shushkevich, L. M. Kravchuk, G. E. Burbulis, M. S. Gorbachev) passed away. Discussions on the necessity of forming “USSR 2.0” or some kind of union state built on the pragmatic imperatives of collective economic, technological and military security intensified. In this connection, discussions on the joint identity of Russians and Russians continue
Keywords: small motherland, big motherland, identity, civil nation, special military operation, SMO, USSR 2.0, union state, sustainable development, managing heterogenetics.
Work bibliographic list
1. Markedonov S. M. Separatism in the Greater Caucasus in the post-Soviet period: prerequisites, results, prospects // Actual problems of Europe. – 2009. – No. 3. – S. 194-222.
2. Myakshev A.P. The collapse of the USSR and the creation of a new system of interethnic relations in the Russian Federation in the 1990s // Bulletin of the Saratov University. New series. Series History. International relationships. – 2020. – S. 27-33.
3. Timoshchuk A. S. Russian logos and modernization: horizons of comprehension // Russian logos: horizons of comprehension. Proceedings of the International Philosophical Conference, St. Petersburg, September 25–28, 2017. In 2 vols. Vol. 1. – St. Petersburg: “Intersocis”, Izd. RKhGA, 2017. – S. 477-481.
4. Timoshchuk A. S. Interaction of “Russian” and “Russian” in national politics // Interaction of languages and cultures: materials of the International scientific conference. May 28-30, 2018 / ed. O.A. Turbine. Ministry of Education and Science of the Russian Federation; South Ural State University; Institute of Linguistics and International Communications; Tianjin University of Foreign Languages. In 2 volumes. T. 2. – Chelyabinsk: Publishing Center of SUSU, 2018. – P. 131-134.
5. Leong C.-H., Teng E., Weiliang W. Building Resilient Neighborhoods in Singapore // The State of Ethnic Congregation in Singapore Today. – Singapore: Springer Nature, 2019. – P. 29-49.
6. Zhirokhov M. A. Seeds of decay: wars and conflicts on the territory of the former USSR. – St. Petersburg: BHV-Petersburg, 2012. – 688 p.
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
ECOPHILIC PHILOSOPHY OF AHIMSA
The article reveals the philosophy of ahimsa – non-violence, the original presentation of which is given in the sacred texts of Ancient India. The ecophilic content of the philosophy of ahimsa is projected onto modern civilization, ranging from vegetarian nutrition to political activity in the form of non-violent protest. Ahimsa in India and beyond is manifested in the protection of animals, especially sacred ones such as cows. The principle of non-violence closely correlates with the religious philosophies of Hinduism, Buddhism, Jainism and is related to Parsism, Sikhism and Taoism.
Keywords: ecophilicity, philosophy, ahimsa, non-violence.
Work bibliographic list
1. Adamchik M.V. Eastern philosophy. Mn.: Harvest, 2006, 320 p.
2. Boreyko V. E. Philosophers of animal protection and environmental protection. K.: Logos, 2012. 180 p.
3. Arthur Basham Civilization of Ancient India. Yekaterinburg: U-Factoria, 2007, 496 p.
4. Kaplo F. Protect all living things. Buddhism and Vegetarianism. Moscow: Karma Yeshe Paldron, 2001, 108 p.
5. Kremo Michael A., Mukunda Goswami. Divine nature. M.: BBT, 2004, 121 p.
6. Zubkov S.A. Criteria of religious ecophilicity // Proceedings 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.
7. Rosen S. Vegetarianism in World Religions: The Transcendental Diet. M.: Philosophical book, 2013. 176 p.
8. Roald E. Christiansen Ecotheology. Arkhangelsk: Pomor State Publishing House. University named after M.V. Lomonosov, 2002. 297 p.
9. Satsvarupa dasa G. Essays on Vedic Literature. M.: BBT Publishing House, 2008, 160 p.
10. Timoshchuk A.S. Cultural and civilizational influence of the ethics of non-violence L.N. Tolstoy // Science Art Culture. 2018. No. 4 (20). pp. 189-191.
11. Timoshchuk A.S. Non-violent conflict management // Conflictology in the transforming Russian society: theory and practice: abstracts and materials of the All-Russian conference. Moscow: Federal Scientific Research Center of the Russian Academy of Sciences, 1998, pp. 38-40.
PHILOSOPHY. RIGHT. SOCIETY
LANG Petr Petrovich
Ph.D. in Law, associate professor, professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
POLIKARPOV Oleg Evgenjevich
Secretary of the court session of the department for ensuring legal proceedings in administrative cases of the Sixth Cassation Court of General Jurisdiction
LEGAL ACTIVITY: PHILOSOPHICAL AND LEGAL ASPECT
In the process of transformation of all spheres of life, the issue of value content deformation plays a special role. One of the most important types of activity is legal activity, which is a key legal component and is based on the legal worldview of both the subject performing it and society as a whole. At the same time, the question arises about what are the criteria of the value bases when determining them as such, whether they will be the same for each subject of public relations, what should be paid attention to when interpreting legal norms, etc. The resolution of emerging issues is possible when considering legal activity as a complex phenomenon, taking into account its ideological and axiological principles, to which this work is devoted.
Keywords: legal activity, axiology of law, axiology of legal activity, ideological foundations of legal activity
Work bibliographic list
1. Borulenkov Yu. P. Methodological status of hermeneutics in legal knowledge // Legal science: history and modernity. – 2015. – No. 7. – P. 191,195, 196.
2. Zhukov VN Introduction to legal axiology (questions of methodology) // State and law. – 2009. – No. 6. – P. 20.
3. Ilyin I. A. On the essence of legal consciousness. – M., 1993. – S. 22, 40.
4. Kant I. Works. In 8 vols. – M., 1994. – T. 4.
5. Korobka VN The role of the legal worldview in the mechanism of legal regulation // Philosophy of Law. – 2011. – No. 2. – S. 29-35.
6. Lang P. P. Legal activity: axiological and ideological foundations: dissertation abstract for the degree of Doctor of Law. – Samara, 2022. – 22 p.
7. Lebedeva N. N. Legal culture of personality and the Internet: Theoretical aspect: Abstract of the thesis. … cand. legal Sciences: 12.00.01 / Ros. legal acad. Justice of the Russian Federation. – M., 2004. – S. 12.
8. Malykovtseva E. V. Legal values as a means of harmonization of public and private interests // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 7.
9. Nersesyants V. S. Philosophy of law: a textbook for universities. – Moscow, 1997. – S. 17-31.
10. Rybakov V. A. Legal culture and legal consciousness of citizens: critical remarks // Bulletin of the Omsk University. Series “Right”. – 2016. – No. 4 (49). – S. 6-11.
11. Rybakov O. Yu. Philosophy as a source and ideological basis of the theory of human rights // Legal education and science. – 2022. – No. 8. – P. 15-19.
PHILOSOPHY. RIGHT. SOCIETY
RUNAEV Roman Yurjevich
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
PHILOSOPHICAL UNDERSTANDING OF THE MORAL IMPERATIVE IN KANTIAN ETHICS
The article offers an analysis of actions committed by a person through the prism of tabooing antisocial norms of behavior with the help of a moral imperative existing in the public consciousness. The latter is proposed to be considered as following a universal law that allows a person to achieve both social justice and a happy life. At the same time, happiness according to Kant is not selfish, since a reasonable person is directed not only at himself, but also for the common good. The priority of morality is inherent in the social nature of the individual often even surpasses the right, since only absolute observance of the rules and norms of a healthy human community gives a calm and “dormant” conscience for the physical nature of a person, and “ this is complete happiness, the only one worthy of a person.”
KeyWords: philosophy, ethics, morality, morality, universal law, imperative, action.
Work bibliographic list
1. Kalinnikov L. A. Immanuel Kant in Russian poetry. – M .: “KANON +”, 1981.
2. Kant I., Hegel G. The categorical imperative and universal world irony. – M.: Rodina, 2020.
3. Kant I. Metaphysics of morals / You must, therefore you can. – M.: Rodina, 2019.
4. Sarbievsky M. K. Society of Jesus, Opera “Postuma”. – Warsaw, 1769.
5. Tatarkevich V. On the happiness and perfection of man. – M .: “Progress”, 1981. – S. 368.
PHILOSOPHY. RIGHT. SOCIETY
SHAYSLAMOVA Muslima Muslimovna
Ph.D. in historical sciences, associate professor of General humanitarian disciplines sub-faculty of the Neftekamsk branch of the Bashkir State University
THE PHENOMENON OF MASS CULTURE (PHILOSOPHICAL ASPECT)
The article analyzes the philosophical aspect of mass culture, substantiates the understanding of mass culture as a component of the social, spiritual development of society, which has a growing impact on its condition, performing functions conditioned by the real needs of society at a certain stage of its development. The author notes that mass culture has the peculiarity of penetrating into all forms of culture, as a result, a special consumer consciousness of society is formed, weakening its moral image. It is emphasized that crucial historical events on a global scale have played an important role in the dialogue of civilizations. The paper highlights the features, positive components of mass culture; it is noted that the idea of “planetary ethics” will be able to manifest itself in the best way if humanity is focused on the best manifestations of all varieties of cultures.
Keywords: mass culture, industrial society, mass media, value system.
Work bibliographic list
1. Shestakov V. P. Mythology of the XX century: Criticism of the theory and practice of bourgeois “mass culture”. – M., 1988.
2. Adorno T., Horkheimer M. Dialectics of education. Philosophical Fragments. -M., -SPb., 1997.
PHILOSOPHY. RIGHT. SOCIETY
SHAYKHUTDINOVA Diana Rashatovna
junior researcher of the Department of Scientific Communication and Popularization of Science of the Institute of Philosophy of the Russian Academy of Sciences
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, chief researcher of the Institute of Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences, Academician of the Academy of Sciences of the Republic of Bashkortostan
CROWDSOURCING AS AN INSTITUTION OF SOCIO-ECONOMIC STUDIES
The article deals with topical issues of crowdsourcing as a method and form of research organization, and regulating of social and economic relationships. In terms of the present investigation crowdsourcing is viewed as a delegation of several functions to a number of people without an employment subcontract in order to engage knowledge, experience, artistic capacity of people into solving different theoretical and practical problems. It is argued that at present crowdsourcing has formed as a certain social institution, the structure of which consists of a number of elements: presence of a certain society (crowd); mainfigure-crowdsourcer; a task with an accurate goal; the Internet and a reward. On the basis of the interconnected functioning of the mentioned components the main objectives of crowdsourcing are performed. The main streams of modern crowdsourcing are defined as well as their pros and cons. The necessity of creating fundamental works on crowdsourcing and practical recommendations on how to improve its efficiency is substantiated.
Keywords: Crowdsourcing, crowdfunding, socio-economic management.
Work bibliographic list
1. Lapidus L.V. Crowdsourcing and crowdfunding. Marketing promotion of projects, products and services // Bulletin of the Financial University. 2016. No. 4. S. 32-41.
2. Howe J. Crowdsourcing: collective intelligence as a tool for business development. Moscow: Alpina Publisher, 2014. 288 p.
3. Shuroveski J. The wisdom of the crowd. Moscow: Williams, 2007. 304 p.
4. Shaikhutdinova D. R., Fayzullin F. S. The essence of crowdsourcing as a method for studying socio-economic phenomena // Multinational region: social technologies for sustainable development // Proceedings of the All-Russian Conference with International Participation. Ufa: Aeterna, 2022, pp. 136-140.
5. Faizullin F. S., Faizullin T. F. Ensuring the ecological balance of the region // Philosopher, ecologist, poet in life, E. V. Girusov. Moscow: IKAR, 2021, pp. 105-113.
6. Tegin V. A., Usmanov B. F. Crowdsourcing in the generation of innovative ideas. Mir transporta. 2012. No. 6. S. 118-123.
7. Kasavin I. T. Social philosophy of science and collective epistemology. Moscow: Ves Mir, 2016. 262 p.
PHILOSOPHY. RIGHT. SOCIETY
SHILOVA Olga Sergeevna
Ph. D. in historical sciences, associate professor of Mass communications and multimedia sub-faculty of the Irkutsk State University
KHOMICH Natalya Viktorovna
Ph. D. in philological sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevsky Irkutsk State Agrarian University
INFORMATION AS AN OBJECT OF PHILOSOPHICAL COGNITION: THE STAGES OF FORMATION OF THE GLOBAL INFORMATION SOCIETY
The article considers information as an object of philosophical cognition. The main conceptual approaches to the definition of the concept of information from different fields of knowledge are presented, as well as the main characteristics of this concept are identified. The stages of the formation of the philosophy of information as a separate direction of social philosophy and its influence on the development of the information society are studied separately. It is noted that the emergence of new media and an increase in its volume leading to an information revolution, which entailed global social and historical transformations in society. The transition of information into the category of the primary resources of humanity causes many threats and the problem of the struggle for the possession of this resource. A new way of exchanging information leads to a rethinking of previously existing ideas about the world and forms the prerequisites for another information revolution.
Keywords: information, philosophy, information revolution, information society.
Work bibliographic list
1. Bell D. The coming post-industrial society: The experience of social forecasting / Per. from English. Inozemtsev V. – Moscow: Academia, 1999. – 956 p.
2. Wiener N. Cybernetics and society // Per. E. G. Panfilova. – Moscow: Publishing house: foreign literature, 1958. – 200 p.
3. Elyakov A. D. Modern information revolution // Sociological research. – 2003. – No. 10. – P. 29.
4. Kolin KK Philosophy of information and fundamental problems of modern informatics // Prospects of science and education. – 2013. – No. 6. – P. 9-13.
5. Castells M. Information Age: Economics, Society and Culture. – M.: GU VSHE, 2000. – 590 p.
6. Machlup F. The Production and Distribution of Knowledge in the United States. – N.J.: Princeton, 1962. – 416 p.
7. Rakitov AI Our way to the information society//Theory and practice of social and scientific information. – M.: INION, 1989. – 302 p.
8. Toffler E. The Third Wave. – M.: AST, 2002. – 800 p.
9. Umesao T., Hoso A. Joho sangyo ron. Information Industry Theory: Dawn of the Coming Era of the Ectodermal Industry. – Tokyo: VP, 1963. – 156 p.
10. Floridi L. Philosophy of information. – Oxford: Oxford University Press, 2011. – 405 p.
11. Khakimov A.G. Levels of consciousness. The structure of the human personality. Reflections. – Kyiv: Avalon-Alpha, 2013. – 69 p.
12. Hartley R. V. L. Transmission of Information // Bell System Technical Journal. – 1928. – Vol. 7.-Pp. 335-363; 535-541.
13. Shannon K. A Mathematical Theory of Communication // Bell System Technical Journal. – 1948. – Vol. 27.-Pp. 379-423, 623-656.
PHILOSOPHY. RIGHT. SOCIETY
ARCHIBASOV Maxim Evgenjevich
postgraduate student of Philosophy and cultural studies sub-faculty of the Bashkir State University
THE WORLD ORDER AND HUMAN NATURE AS THE DETERMINING GROUNDS OF SOCIAL IMITATION
The article discusses analytical arguments in favor of the evidence of copying by the modern world order of the harmonization of the intertwining connections of the segmented components of the Universe, as well as the social imitation by man of intra-state relations in society, states and coalitions on a global scale and, accordingly, the complementarity of planetary units in the vastness of the galaxy. Being components of each other, each of them by its nature is predestined to copy the relationships of the highest level on the lowest, thus ensuring the functioning of each other. The author substantiates the fact of destructive external influence on the mass social imitation of the state scale.
Keywords: Universe, man, world order, social imitation, organism, brain, mind.
Work bibliographic list
1. Esenina T. The human body is comparable to the Universe. – [Electronic resource]. – Access mode: https://www.infuture.ru/article/8985?ysclid=l9l43fwx7y835410627 (date of access: 10/23/2022).
2. Dudalov D. Model of the world. – [Electronic resource]. – Access mode: https://www.b17.ru/blog/51975/?ysclid=l9l6bvfmkf456193129 (date of access: 10/23/2022).
3. Siegel I. Are we just the brain cells of a larger creature on a planetary scale? – [Electronic resource]. – Access mode: https://www.cameralabs.org/9740-ne-yavlyaemsya-li-my-prosto-kletkami-mozga-bolee-krupnogo-sozdaniya-planetarnogo-masshtaba?ysclid=l9l39e18kh413593222 (date of access: 10/23/2022 ).
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PHILOSOPHY. RIGHT. SOCIETY
LANG Petr Petrovich
Ph.D. in Law, associate professor, professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
PAPCHIKHIN Pavel Sergeevich
magister student of the S. P. Korolev Samara National Research University
THE HUMAN RIGHT TO LIFE IN THE PHILOSOPHICAL AND ANTHROPOLOGICAL SENSE
In this article, the author raises the problem of non-recognition of the human right to life from the moment of conception. The author sees the root of the problem in the contradiction between domestic normative legal acts of human nature and the achievements of biological science. An analysis of the scientific literature allows the author to come to the conclusion that it is necessary to recognize the human right to life as a natural legal concept from the moment a living cell appears in the female body, from which a new person will develop.
Keywords: human right to life, natural law, legal values, an anthropocentrism
Work bibliographic list
1. Kabanov N. A. Human anatomy: a textbook for universities. – M.: Yurayt, 2022. – 464 p.
2. Nersesyants V.S. History of political and legal doctrines: textbook. – M.: Norma: INFRA-M., 2018. – 704 p.
3. Lunkevich V.V. Science of life. – M.: Yurayt, 2022. – 358 p.
4. General theory of law and state: textbook / edited by VV Lazarev. – 3rd ed., revised. and additional – M.: Jurist, 2001. – 250 p.
5. Rybakov O. Yu. Philosophy of law: textbook for masters. – 2nd ed., revised. and additional – M.: Prospekt, 2022. – 320 p.
6. Stramilova T. P. The right to life as an object of constitutional protection in the context of the implementation of the state’s criminal policy // State power and local self-government. – 2018. – No. 12. – P. 53-56.
7. Lyubimov A.P. Philosophy of law: a textbook for universities. – M.: Yurayt, 2022. – 257 p.
8. Lang P. P. Correlation and interaction of law and morality in the regulation of public relations // Issues of Russian and international law. – 2021. – T. 11. – No. 2A. – S. 172-180.
9. Lang P. P. Axiological measurement of legal matter: theoretical and utilitarian-practical aspects. – Samara: LLC “Printing Association “Standard”, 2021. – 192 p.
PHILOSOPHY. RIGHT. SOCIETY
NEKRASOV Dmitry Vladimirovich
adjunct of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
MORALITY, POLITICS, WAR IN THE PHILOSOPHY OF IMMANUEL KANT
The article examines the relationship between politics and morality in the philosophy of I. Kant, determines the place and role of political and moral aspects in armed conflicts. The moral and legal foundations of politics are studied based on the position of the thinker of the Enlightenment. The importance of a correct understanding of the relationship between morality, law and politics in the life of society is emphasized. The relevance of the views of the philosopher to today is stated, who in his practical philosophy adheres to the principle of the primacy of morality and law over politics.
Keywords: politics, morality, ethics, war, categorical imperative, will.
Work bibliographic list
1. Artemyeva O. V. Universality and autonomy in the ethics of I. Kant // Philosophical sciences. – 2018. – No. 11. – P. 92.
2. Kant I. Metaphysics of morals in two parts // Him. Collected works in 6 vols. T. 4. – M.: Thought, 1965. – C. 107-438.
3. Kant I. Fundamentals of the metaphysics of morality // I. Kant. Works: in 6 vols. – M., 1965. – T. 4. Part 1. – S. 212.
4. Kant I. Works: In 6 vols. T. 6. – M .: Thought, 1966. – S. 289-290.
5. Kumankov A. D. Theories of just war in the analytical ethics of the USA: author. dis. … cand. philosophy Sciences. – M., 2013. – S. 17.
6. Ruzhentsev S. E. The problem of morality and politics in the socio-cultural processes of Russia: author. dis. … doc. philosophy Sciences. – Ivanovo, 2020. – P. 21.
PHILOSOPHY. RIGHT. SOCIETY
USMANOV Maksim Raisovich
postgraduate student of the Ufa State Petroleum Technical University
TO THE PROBLEM OF SOCIAL FORECASTING AND DESIGN: PHILOSOPHICAL AND METHODOLOGICAL ANALYSIS
The article is devoted to the study of the problems of forecasting and designing social processes and phenomena in conditions of instability, uncertainty, accelerated variability of all subsystems of society, when they are constantly in an intermediate transitional state of development. Significant shortcomings of forecasting and designing social systems associated with inconsistency, multifactorial nature, the fundamental non-formalizability of the very object of forecasting and the imperfection of the methodology are considered.
Keywords: social forecasting, social design, social system, society, subject of social relations.
Work bibliographic list:
1. Vildanov H. S., Vildanov U. S. The role of material and spiritual values in the development of national cultures // Social and humanitarian knowledge. – 2014. – No. 10. – P. 125-131.
2. Vildanov Kh. S., Gainullin R. A. The problem of existential threats and axiological security of multinational and multicultural Russia // Eurasian Law Journal. – 2022. – No. 5 (168). – S. 511-514.
3. Vildanov Kh. S., Derkach V. V. Methodological features of social forecasting // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2017. – No. 1 (19). – S. 132-137.
4. Toshchenko Zh. T. Social forecasting // Thesaurus of sociology. Thematic dictionary-reference book. Ed. Zh. T. Toshchenko. – M., 2009. [Electronic resource]. – Access mode: https://voluntary.ru/termin/prognozirovanie-socialnoe.html.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
9,116 ВСЕГО, 14 СЕГОДНЯ