CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №2(177)2023
PERSONA GRATA
R. Akhundov:
Transformation of managerial influences in the new reality of economic and social consensus
Interview with Akhundov Emin Rovshanovich, chief expert of the public organization for the support of socially significant initiatives “Eurasian Center of SAMRAU”.
INTERNATIONAL LAW
Gigineyshvili M. T.
Crimes against humanity: development of definition in Statutes of International and Hybrid Tribunals
Drozdova M. A.
Current issues of international legal regulation of interstate digital logistics platforms
Sedova Zh. I.
Legal means of negating bad faith conduct that violates the principle of reciprocity
Talimonchik V. P.
International principles of judges’ behavior and their implementation when using information and communication systems
Kuts S. O.
Human rights as the dominant concept at the heart of the development of contemporary international law
Provatkina V. E., Voloshina T. V., Shener E. A.
UN activities in general disarmament
EUROPEAN LAW
Bakhnovskiy A. V.
On the preservation of the significance of the practice of the European Court of Human Rights for the Russian Federation
INTERNATIONAL PRIVATE LAW
Glinshchikova T. V., Sinitsyna V. A., Fedonkin U. N.
Prospects for codification of the norms of private international law in the Russian Federation
Rothko M. A., Glinshchikova T. V., Britan S. A.
Regulation of cross-border labor relations in the Russian Federation
Simatova E. L.
The legal status of Russian burials abroad in the context of modern geopolitical tensions
THEORY OF STATE AND LAW
Arzhilovskiy D. E., Grigorjev A. S., Kaukin D. N.
Professional interpretation in the system of Russian law
Arsenjeva G. V., Balandina N. V., Khramova I. S.
The main stages of the evolution of Russian legislation governing the prevention and suppression of group violations of public order during public events
Boldakovskiy E. V.
Regulatory problems of updating the interstate standard in the nuclear and metallurgical industry
Gavryushkin K. A.
Axiology of law and its role in the assessment of “legal goals”, “legal interests” and “legal values”
Golubev A. G.
Issues of factors of social mobility of convicts in the Russian penitentiary science in the late XX century
Gorokhova K. I.
The history of the development of the principle of taxpayer integrity in the Tax law of the Russian Federation
Grigorjev A. S., Kaukin D. N.
Legal fetishism as a form of deformation of legal consciousness
Dovgan K. E.
Polysemy in the mechanism of framework legal regulation
Kochanzhi I. D.
Separate issues when updating the principle of legality
Margaryan A. V.
Experimental legal norm as a means of regulating public relations
Romanovskaya V. B., Krymov A. V.
On the relevance of the Eurasian “idea-ruler” for modern Russian legal science
Khavadzhi D. R.
Trends in the development of juvenile justice in the countries of the continental legal system
Chuksina V. V., Bondarenko O. V.
Human rights and education: creative-developing approach
Boldakovskiy E. V.
The history of the development of technical regulation in foreign countries
Ivanov K. O.
Evolution of the legal nature of the legal status of the individual
Khabibullin A. R.
The legal nature of a socio-legal phenomenon (on the example of insolvency (bankruptcy)
Shlykov I. I., Petrogradskaya A. A.
Internet law in modern legal science
HISTORY OF STATE AND LAW
Butov S. V., Mutigullin A. V., Simonchuk E. R.
The struggle of military personnel of the troops of the NKVD of the USSR and the bodies of the NKGB of the USSR against banditry in Ukraine during the Great Patriotic War
Donskov A. V., Klenin A. I.
Historical aspect of the development of the institute of legal support for business in Russia
Evseev I. V.
To the question of the historical development of special prisons in the Urals
Prokhorov V. V.
Soviet civil servants in the structure of the NKVD of the Crimean ASSR of the first composition (November 1921-1922)
Sypchenko A. V.
People’s socialists in the key posts of the coalition Provisional Government
Kaluzhny K. L.
Dual faith, or folk religiosity as a feature of legal consciousness in Medieval Italy
CONSTITUTIONAL LAW
Sarkarova J. S., Gasanov M. G.
Problems of implementation of the principle of democracy as the basis of the constitutional system of the Russian Federation
Bagishev O. A.
Influence of administrative regulation on the efficiency of entrepreneurial activity in Russia
Dorofeeva A. S., Ruzavina E. Yu.
Activities of the commissioner for human rights in the Irkutsk region: problems and ways of their solution
Maximova S. N., Anasiychuk N. A.
Youth policy in the new constitutional cycle of the Russian Federation
Nikiforova E. N., Maznev D. S.
Some issues of legal regulation of the procedure for providing high-tech medical care in acute coronary syndrome
Samoylova Zh. V.
Remote electronic voting as a way to increase civic engagement
Sarkarova J. S., Hasanov M. H.
To the question of the principles of the foundations of the constitutional system of the Russian Federation
ADMINISTRATIVE LAW
Demchenko N. V., Kurilo S. N.
Problems of implementation of the principle of legality in the administrative activities of the police
Zakopyrin V. N., Ivannikov S. V.
The principle of legality in the notification of persons participating in the proceedings on administrative offenses
Kormakov A. E., Chinovnokov A. I., Shubin S. P.
Protection of public order as a tool for the prevention of administrative offenses
Polikarpov D. I., Khalitov O. F., Golodov A. P.
Prevention of the spread of extremist and terrorist ideology in the teenage environment
Sayfullina N. A., Tokareva E. Yu., Balabanova O. O.
Formation of the institution of bailiffs (mid-XIX — early XX century)
Farikova E. A.
Judicial control in the sphere of public legal relations: legal regulation and problems of law enforcement
ADMINISTRATIVE JUDICIARY
Mitashova A. A., Ivanenko I. N., Zinisha O. S.
On the issue of discretionary powers of the chairman of the Supreme Court of the Russian Federation in administrative proceedings
MUNICIPAL LAW
Atabekova N. K., Naymanbaev A. B., Bolotbekova E. K., Kubatbekova A. S.
Some legal problems of local government activities in the implementation of social policy
CIVIL LAW
Valikov N. S.
Some issues of participation of the Commissioners for the protection of the rights of entrepreneurs in the arbitration process
Gayday M. K., Galtsev S. A., Porokhovaya D. E.
Mediation as a way to resolve conflicts in the field of education
Ishchenko N. Yu.
On the question of the specificity of the features of family legal relations
Kazantseva E. V., Karachaev A. R.
Contract in civil and labor law
Korneeva L. A.
The specifics of evaluating the results of intellectual activity for the purpose of their commercialization on the example of the transport sector in the Russian Federation
Litvinov R. V.
To the question of the responsibility of the person preventing the extinguishing of the fire
Tupichinskiy A. S.
Evolution of derivative work as law institution in pre-revolutionary and Soviet periods of Russian law’s development
Shapoval O. V., Grinko N. R.
Prerequisites for the formation and foreign approaches to the legal qualification of the “take or pay” model of conditions
Valikov N. S.
Тhe role of the Institution of the Commissioner for the Protection of the Rights of Entrepreneurs in protecting the legitimate rights and interests of business entities from corruption factors on the example of the Business Ombudsman of the Republic of Tatarstan
Khayretdinova I. F., Salavatova A. A., Farkhullin D. M.
Features of sanctions in civil law
Fedorenko A. S.
Application of legal design in legal work at the enterprise
Korneeva L. A.
Legal regulation of the turnover of rights to the results of intellectual activity in the transport sector
CIVIL PROCESS
Afanasjeva N. V.
Actual problems of the institution of representation in court
Dubinskiy A. M.
Procedural mechanisms for ensuring the interests of children in family law disputes on the example of UK legislation
HOUSING LAW
Kurbatova G. V., Kelina A. N.
Partnership of the real estate owners as an organizations and legal form of non-profit organizations: problems of legal regulation
LABOUR LAW
Solovjeva S. V.
A new look at the concept of «resocialization» in the framework of the conflict interaction of subjects of labor law
Filushсhenko L. I.
The priority of preserving the life and health of employees during the digitalization of labor relations
FAMILY LAW
Koshelyuk B. E., Marikyan A. A.
Direction of maternity (family) capital for the education of the child (children)
LAND LAW
Oleynikova A. Ya., Nesmelova N. Yu.
Some issues of the use of land plots for individual housing construction in areas with special conditions for the use of territories
FINANCIAL LAW
Volkov V. Yu., Kripak A. S., Bondarchuk E. V.
The role of financial monitoring in the prevention and suppression of administrative offenses
Dolzhenko E. A., Trofimov A. A.
Subsidy refund provided to private entities as a sanction for violating the terms of its provision
Komarova L. V., Chueva A. S.
Legal regulation of anti-corruption in the public budget sector
Uglanova E. S., Zhuravleva I. A.
Protection of Taxpayers’ Rights in the Constitutional Court of the Russian Federation: problem and prospects
TAX LAW
Zinkov E. N.
On the hierarchy of regulatory legal acts in the field of regulation of the taxation regime of non-residents in the Russian Federation
ENTREPRENEURIAL LAW
Koshelyuk B. E., Svistushkina Ya. V.
Current problems and directions of improving the mechanism for protection of the rights of entrepreneurs in the court
Kudryavtseva L. V., Shirokaya P. A., Oblogin D. D.
Features of investment activities in the development of digital assets
Litvinovich F. F., Nasrtdinova Ch. R.
Organizational and legal forms of entrepreneurial activity: business entities in the system of corporate legal entities
Pirova R. N.
The main aspects of the socio-economic policy of Russia and the bodies, implementing socio-economic policy in Russia
Spector A. A.
Prospects for the development of the legal policy of the state in relation to the regulation of entrepreneurial activity
Tumanov E. V.
Self-regulation in business activities
COPYRIGHT LAW
Medzhidova E. V., Solovjeva E. V.
Problems of copyright protection for computer programs
CRIMINAL LAW
Abaev N. B., Urusov Z. Kh.
Features of conducting investigative actions in criminal cases initiated against minors
Abdulmutalimova Z. M., Serkerov S. E., Mirzaeva Z. Z.
Criminal liability of minors for theft in the Republic of Dagestan
Akopyan R. M.
Gaps in criminal legislation for crimes under chapter 32 of the Criminal Code of the Russian Federation (crimes against order and management), ways to solve them
Aseykin R. V.
Release of a person from responsibility for committing a crime under article 209 of the Criminal Code of the Russian Federation
Butov V. V., Kurilkina O. A., Serdyukova Yu. A.
Socio-psychological problems of the formation of legal consciousness in minors
Galyautdinov R. F., Chembarisov T. I.
Trends in the development of cyber fraud in Russia
Zorina N. S.
Features of deviant behavior of adolescents
Kochesokova Z. Kh.
Crimes committed in the digital space: problems of detection and countermeasures
Pateeva D. R., Boyko A. I.
Issues of defining a special subject of fraud in social networks
Pirova R. N.
Features of the investigation of corruption crimes in the sphere of health care
Radchenko E. P., Zorina N. S.
Causes and conditions of juvenile delinquency
Semenov S. G., Ulybina O. V., Kurochkin A. S.
Some issues of criminal law characteristics of liability and its grounds
Sereda I. M., Stupina S. A.
On the issue of criminal legal means of countering information and psychological influence
Starygina T. A.
Prevention of crimes against witnesses and victims
Chistotina O. N., Kurbatova G. V.
Problems of improvement of normative regulation of house arrest
Vinogradova A. Yu.
Topical issues of regulation of the death penalty in Russia against the backdrop of withdrawal from the Council of Europe
Nguyen H. T.
The evolution of the criminal-legal status of subjects under the legislation of the Socialist Republic of Vietnam
CRIMINAL PROCESS
Zorina E. A., Pavlov D. V., Chasovnikova O. G.
Protection of rights and freedom of the person in criminal proceedings in Russia
Kurochkin A. S., Baluyev A. S., Tyapkov A. D.
Topical issues of countering the investigation of crimes against property
Mustafina G. M.
On the question of the participation of an interpreter in the implementation of the operational search event “survey”
Nazarkin E. V., Kholoden I. V.
Features of the tactics of conducting an inspection of the scene during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions providing isolation from society
Sokolova T. S., Imaeva Yu. B.On the issue of investigation of crimes in the field of drug trafficking
Tikhanin I. V.
Implementation of the principle of recognition, provision and protection of human and civil rights and freedoms in Russian criminal proceedings (humanistic and anti-corruption aspects)
Urusov Z. Kh., Abaev N. B.
General characteristics of special knowledge and their role in solving crimes
Shcherbakov A. A., Palazin S. A., Vlezko D. A.
The role of the prosecutor in the protection of human and civil rights and freedoms in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Ananjeva E. O., Ivliev P. V.
Digitalization of individual areas in the activities of the UIS
Akhtamyanov R. R., Milutin R. V., Bobylev A. A.
The history of the development of correctional institutions (penitentiary institutions) in different periods and epochs of the history of Russia
Mikheeva S. V., Kravchenko E. N.
Problems of the application of penalties and rewards by personnel of the ces to convents serving sentences in places of detention
CRIMINALISTICS
Bitov A. A., Kolmykov S. N., Boloban M. L.
Problems of obtaining information from computer systems in the interests of the investigation and during operational activities
Zhabkin A. S., Akhtyamova K. M., Ulybin V. S.
On the legal grounds and the possibility of practical implementation of an operational search measure to establish the location of a subscriber device
Ziganshin M. N., Shapochansky V. N., Zhuravlev A. S.
About some issues of disclosure of premeditated murders by criminal investigation units
Lutfullina G. R.
Criminalistic classification of self-serving and violent crimes committed by minors
Nukhov R. R., Karpov A. A., Fedortsov A. V.
Inspection of the scene in the activities of the investigator
Usmanov D. R., Zinchenko N. N., Khrysev E. V.
Psychological personality types as a key aspect when choosing interrogation tactics
Arutyunyan P. E., Vlezko D. A., Nikitina V. A.
The essence of the criminalistic version
Goloborodko A. V., Kazakhetsyan G. O., Pavlov O. S.
Accounting documents as objects of forensic accounting expertise
CRIMINOLOGY
Ganieva I. A., Zhabkin A. S., Khatuaev M. O.
Criminological characteristics of female suicidal terrorism
Romanovskaya I. V.
Some features of the determination of recidivism
Stupina S. A.
The influence of the social environment on the formation of drug use (on the example of the Krasnoyarsk Territory)
Shtarev D. O., Khalitov R. R., Shabaev V. V.
Some issues of qualification of crimes related to illegal arms trafficking
LAW ENFORCEMENT AGENCIES
Akhiyarov R. A., Nikolaev N. Yu., Trofimov V. A.
Stress and its impact on the daily and operational activities of the student (employee) of the Department of Internal Affairs
Davletov V. I., Shalamov V. V., Shcherbakov A. V.
Methods of fire training of law enforcement officers
Erokhin R. A., Kravtsov S. S.
Fundamental of investigative work in the digital information space using social media platforms
Kadyrova Ch. A., Kuznetsov A. A., Kurilo S. N.
The institution of the oath, its history and role in the formation of moral values and the image of a police officer (on the example of the Kyrgyz Republic)
Kan L. V., Podrezov A. A.
Actual problems of the use of methods of detention by employees of internal affairs bodies in their official activities
Kubeev A. Z., Yakushev E. V.
Physical training as the basis of professional activity of employees of internal affairs bodies
Kurshev A. Kh.
Formation of psychological resistance to the use of firearms among students in educational organizations of the Ministry of Internal Affairs of Russia
Legostaev S. V.
Prosecutor’s office in the modern Russian state-legal mechanism
Magomedaliev M. M., Bayramov S. A., Chembarisov T. I.
Physical and fire training in the system of professional training of law enforcement agencies
Murtazin A. I., Zinchenko N. N., Bulatov D. V.
The influence of design features of short-barreled firearms on the effectiveness of the tasks of employees of the internal affairs bodies of the Russian Federation
Nikolaev N. Yu., Akhiyarov R. A., Podkovka S. V.
The role of fire training in the formation of the personality of the student of the Ministry of Internal Affairs of Russia
Popova N. V., Zhelonkin V. V., Zavgorodny A. G.
Electronic environment as a means of optimizing independent physical training of cadets
Tapunov Yu. N., Zinnatov R. R., Yachmenev S. P.
The place and role of the discipline “physical training” in the system of the educational program of departmental universities of the Ministry of Internal Affairs of Russia
Yusupova S. I., Sattarova A. G., Kozhin D. A.
The use of search dogs in the activities of law enforcement agencies: retrospective and modern experience of Russia and foreign countries
SECURITY AND LAW
Abaev N. B.
New trends in countering cyberterrorism
Abramova S. R., Kochneva L. V., Khakimov R. M., Nurutdinov A. A., Abramov I. R.
Technosphere security of modern Russian society
Golyandin N. P., Sheriev A. M.
Ensuring public safety and public order by employees of the Nalchik school for the improvement of the commanding staff of the police of the USSR Ministry of Internal Affairs in the Caucasus since the late 80s and early 90s of the 20th century
Pogomiy I. N., Ermolina M. A., Menshikov P. V.
Specialized prosecutor’s offices for the supervision of the enforcement of laws in the coal mining industry
Tambiev S. A.
Signs and classification of terrorism
Trunov I. L.
Legal improvement of the food industry
Khalitov O. F., Sobolev A. G., Imangazhinov D. T.
On the influence of mass culture on the formation of delinquent behavior among young people
Golyandin N. P., Taova L. Yu., Verkhovetskiy I. V.
Threat-forming factors of committing crimes of a terrorist nature and extremist orientation in the North Caucasus federal district
STATE AND LAW
Andryukhina I. Yu., Pekhova L. S.
On the issue of the formation of the professional culture of State civil servants
Ivliev P. V., Ananjeva E. O.
Prospects for the use of crowdsourcing in the political sphere
Minkova E. A.
Typology of organizational culture in bodies of state and municipal administration
Miftakhov R. L., Belousov A. I.
Features of the administrative and legal status of foreign agents in the Russian Federation
Tuliev I. I., Maloletkina N. S.
Public-private partnership in the penitentiary sphere using blockchain technology
Filippova I. A., Ustinova O. V.
Personnel work in the system of the state civil service
Andryukhina I. Yu.
Improvement of technologies for the selection (selection) of personnel in the field of public and municipal administration
Wang Peiyu
Levels and ranking system of government positions in China
PEDAGOGY AND LAW
Donskov A. V., Zykova K. I., Klenin A. I.
A modern overview of the legal basis of educational relations and the legal status of their participants
Zinchenko N. V., Repin V. A., Chernetskiy V. A.
Forming a positive reputation of the police in public opinion
Lysenko N. A., Molchanova S. E.
Using legal texts in the process of preparing lawyers in various fields of study within undergraduate programs
Nikolaev N. Yu., Rybachenok A. V., Arutyunyan V. N.
Structure of computer and simulator technology for training cadets of higher education institutions of the MIA of Russia
SPORTS LAW
Tuko D. D., Verbilov A. F., Shabaev V. V.
Problems of transgenderism in modern sports
POLICY AND LAW
Farkhutdinova I. R., Nikolaev A. S.
The influence of social media on political and legal processes in modern Russia
SOCIOLOGY AND LAW
Khayrullina N. G., Gudenkova O. I.
Socio-legal bases for development of representatives gypsy communities
LANGUAGE AND LAW
JingPing Lv
Study of discursive strategies in the Russian media (based on western anti-Russian sanctions)
ECONOMY. LAW. SOCIETY
Vdovina A. N.
Organization of control over the financial condition of the centers of labor adaptation of convicted institutions of the penitentiary system of the Russian Federation
Demyanova O. V., Nikulin R. A.
Financial directions of ensuring technological sovereignty of the domestic economy
Zaytsev A. G., Mashegov P. N., Tаkmakova E. V.
Resource support for the development of regions based on the use of the potential of digital assets and the concept of subjects with a special economic status
Klyavlin M. S., Klyavlina Ya. M., Danilov N. V., Opoikova S. M. Mustafina A. I.
Energy-saving measures in the heating system of administrative buildings (economic aspect)
Medvedeva L. B., Barbakova E. V.
Innovative development of food and processing industry enterprises of the tyumen region
Mukhamadieva E. F., Mineeva V. M., Iraeva N. G., Galimullina S. R., Galimullina N. A.
Assessment of risks and threats to the economic security of the enterprise
Nafikova L. Sh., Kantor O. G.
Research of the activities of oil and gas companies of the Russian Federation in the context of sustainable development
Nigmatullina I. V., Rassolova I. Yu., Emelyanov S. V., Burganova A. A.
Freelancing as an alternative form of personal self-realization in Modern Russia
Sedykh V. A., Radchenko E. P., Vdovina A. N.
Regulatory and legal regulation of catering of convicts, suspects, accused in the penal enforcement system of the Russian Federation: key problems and contradictions
Solovjeva I. A., Pyanova N. V.
Institutional limits of the creative economy
Takmakova E. V., Ignatov S. A., Zubanova A. E.
The dynamics of the marriageable age in the Russian Federation in 1960-2020 as a factor in the birth rate of the population
Ustinova O. V.
The current state of public-private partnership in the Russian Federation
Kopeykin M. L., Tutueva D. D.
Evolution of the bond as a financial instrument at the current stage of economic development
Medvedeva L. B., Pivovarova I. V.
On the issue of food security of the Tyumen region
Filippova E. S.
Experience in construction of an enterprise management algorithm in the field of public catering
Kang Tianyu
The problem of overestimating and underestimating the factors of economic growth in China
Tao Boyu
Efficiency of creating a new financial instrument: ruble-yuan currency SWAP
Shi Lin
China’s industrial policy as a system-forming factor of economic development
PHILOSOPHY. LAW. SOCIETY
Bondarenko O. V., Vasenkin A. V.
Transhumanism as a new philosophy of man in modern conditions
Gofman A. A., Timoschuk A. S.
Genesis of the Wagner PMC in the information agenda of the SMO
Zaytsev N. N., Zavyalova A. N., Bugaev V. A.
War or armed conflict – philosophical understanding of the criteria
Zhigulskiy E. V. (Priest Evgeny Zhigulskiy)
The Sacramentological aspect of Hans Kung’s ecclesiological views
Itkulova L. A.
Archetypes of the ethnocultural tradition of the Bashkirs
Krasnikov S. P.
Understanding Technology in Modern Philosophy
Kruchinin S. V.
Understanding and self-determination through love
Moiseeva T. P.
Capitalist mode of production: patterns of development
Pangelskaya D. E., Yakovlev N. М.
Principle of justice of legal responsibility
Zolkhoeva M. V., Badmaeva M. Kh.
Artificial intelligence: friend or foe?
R. Akhundov:
Transformation of managerial influences in the new reality of economic and social consensus
Interview with Akhundov Emin Rovshanovich, chief expert of the public organization for the support of socially significant initiatives “Eurasian Center of SAMRAU”.
INTERNATIONAL LAW
Gigineyshvili M. T.
Crimes against humanity: development of definition in Statutes of International and Hybrid Tribunals
Drozdova M. A.
Current issues of international legal regulation of interstate digital logistics platforms
Sedova Zh. I.
Legal means of negating bad faith conduct that violates the principle of reciprocity
Talimonchik V. P.
International principles of judges’ behavior and their implementation when using information and communication systems
Kuts S. O.
Human rights as the dominant concept at the heart of the development of contemporary international law
Provatkina V. E., Voloshina T. V., Shener E. A.
UN activities in general disarmament
EUROPEAN LAW
Bakhnovskiy A. V.
On the preservation of the significance of the practice of the European Court of Human Rights for the Russian Federation
INTERNATIONAL PRIVATE LAW
Glinshchikova T. V., Sinitsyna V. A., Fedonkin U. N.
Prospects for codification of the norms of private international law in the Russian Federation
Rothko M. A., Glinshchikova T. V., Britan S. A.
Regulation of cross-border labor relations in the Russian Federation
Simatova E. L.
The legal status of Russian burials abroad in the context of modern geopolitical tensions
THEORY OF STATE AND LAW
Arzhilovskiy D. E., Grigorjev A. S., Kaukin D. N.
Professional interpretation in the system of Russian law
Arsenjeva G. V., Balandina N. V., Khramova I. S.
The main stages of the evolution of Russian legislation governing the prevention and suppression of group violations of public order during public events
Boldakovskiy E. V.
Regulatory problems of updating the interstate standard in the nuclear and metallurgical industry
Gavryushkin K. A.
Axiology of law and its role in the assessment of “legal goals”, “legal interests” and “legal values”
Golubev A. G.
Issues of factors of social mobility of convicts in the Russian penitentiary science in the late XX century
Gorokhova K. I.
The history of the development of the principle of taxpayer integrity in the Tax law of the Russian Federation
Grigorjev A. S., Kaukin D. N.
Legal fetishism as a form of deformation of legal consciousness
Dovgan K. E.
Polysemy in the mechanism of framework legal regulation
Kochanzhi I. D.
Separate issues when updating the principle of legality
Margaryan A. V.
Experimental legal norm as a means of regulating public relations
Romanovskaya V. B., Krymov A. V.
On the relevance of the Eurasian “idea-ruler” for modern Russian legal science
Khavadzhi D. R.
Trends in the development of juvenile justice in the countries of the continental legal system
Chuksina V. V., Bondarenko O. V.
Human rights and education: creative-developing approach
Boldakovskiy E. V.
The history of the development of technical regulation in foreign countries
Ivanov K. O.
Evolution of the legal nature of the legal status of the individual
Khabibullin A. R.
The legal nature of a socio-legal phenomenon (on the example of insolvency (bankruptcy)
Shlykov I. I., Petrogradskaya A. A.
Internet law in modern legal science
HISTORY OF STATE AND LAW
Butov S. V., Mutigullin A. V., Simonchuk E. R.
The struggle of military personnel of the troops of the NKVD of the USSR and the bodies of the NKGB of the USSR against banditry in Ukraine during the Great Patriotic War
Donskov A. V., Klenin A. I.
Historical aspect of the development of the institute of legal support for business in Russia
Evseev I. V.
To the question of the historical development of special prisons in the Urals
Prokhorov V. V.
Soviet civil servants in the structure of the NKVD of the Crimean ASSR of the first composition (November 1921-1922)
Sypchenko A. V.
People’s socialists in the key posts of the coalition Provisional Government
Kaluzhny K. L.
Dual faith, or folk religiosity as a feature of legal consciousness in Medieval Italy
CONSTITUTIONAL LAW
Sarkarova J. S., Gasanov M. G.
Problems of implementation of the principle of democracy as the basis of the constitutional system of the Russian Federation
Bagishev O. A.
Influence of administrative regulation on the efficiency of entrepreneurial activity in Russia
Dorofeeva A. S., Ruzavina E. Yu.
Activities of the commissioner for human rights in the Irkutsk region: problems and ways of their solution
Maximova S. N., Anasiychuk N. A.
Youth policy in the new constitutional cycle of the Russian Federation
Nikiforova E. N., Maznev D. S.
Some issues of legal regulation of the procedure for providing high-tech medical care in acute coronary syndrome
Samoylova Zh. V.
Remote electronic voting as a way to increase civic engagement
Sarkarova J. S., Hasanov M. H.
To the question of the principles of the foundations of the constitutional system of the Russian Federation
ADMINISTRATIVE LAW
Demchenko N. V., Kurilo S. N.
Problems of implementation of the principle of legality in the administrative activities of the police
Zakopyrin V. N., Ivannikov S. V.
The principle of legality in the notification of persons participating in the proceedings on administrative offenses
Kormakov A. E., Chinovnokov A. I., Shubin S. P.
Protection of public order as a tool for the prevention of administrative offenses
Polikarpov D. I., Khalitov O. F., Golodov A. P.
Prevention of the spread of extremist and terrorist ideology in the teenage environment
Sayfullina N. A., Tokareva E. Yu., Balabanova O. O.
Formation of the institution of bailiffs (mid-XIX — early XX century)
Farikova E. A.
Judicial control in the sphere of public legal relations: legal regulation and problems of law enforcement
ADMINISTRATIVE JUDICIARY
Mitashova A. A., Ivanenko I. N., Zinisha O. S.
On the issue of discretionary powers of the chairman of the Supreme Court of the Russian Federation in administrative proceedings
MUNICIPAL LAW
Atabekova N. K., Naymanbaev A. B., Bolotbekova E. K., Kubatbekova A. S.
Some legal problems of local government activities in the implementation of social policy
CIVIL LAW
Valikov N. S.
Some issues of participation of the Commissioners for the protection of the rights of entrepreneurs in the arbitration process
Gayday M. K., Galtsev S. A., Porokhovaya D. E.
Mediation as a way to resolve conflicts in the field of education
Ishchenko N. Yu.
On the question of the specificity of the features of family legal relations
Kazantseva E. V., Karachaev A. R.
Contract in civil and labor law
Korneeva L. A.
The specifics of evaluating the results of intellectual activity for the purpose of their commercialization on the example of the transport sector in the Russian Federation
Litvinov R. V.
To the question of the responsibility of the person preventing the extinguishing of the fire
Tupichinskiy A. S.
Evolution of derivative work as law institution in pre-revolutionary and Soviet periods of Russian law’s development
Shapoval O. V., Grinko N. R.
Prerequisites for the formation and foreign approaches to the legal qualification of the “take or pay” model of conditions
Valikov N. S.
Тhe role of the Institution of the Commissioner for the Protection of the Rights of Entrepreneurs in protecting the legitimate rights and interests of business entities from corruption factors on the example of the Business Ombudsman of the Republic of Tatarstan
Khayretdinova I. F., Salavatova A. A., Farkhullin D. M.
Features of sanctions in civil law
Fedorenko A. S.
Application of legal design in legal work at the enterprise
Korneeva L. A.
Legal regulation of the turnover of rights to the results of intellectual activity in the transport sector
CIVIL PROCESS
Afanasjeva N. V.
Actual problems of the institution of representation in court
Dubinskiy A. M.
Procedural mechanisms for ensuring the interests of children in family law disputes on the example of UK legislation
HOUSING LAW
Kurbatova G. V., Kelina A. N.
Partnership of the real estate owners as an organizations and legal form of non-profit organizations: problems of legal regulation
LABOUR LAW
Solovjeva S. V.
A new look at the concept of «resocialization» in the framework of the conflict interaction of subjects of labor law
Filushсhenko L. I.
The priority of preserving the life and health of employees during the digitalization of labor relations
FAMILY LAW
Koshelyuk B. E., Marikyan A. A.
Direction of maternity (family) capital for the education of the child (children)
LAND LAW
Oleynikova A. Ya., Nesmelova N. Yu.
Some issues of the use of land plots for individual housing construction in areas with special conditions for the use of territories
FINANCIAL LAW
Volkov V. Yu., Kripak A. S., Bondarchuk E. V.
The role of financial monitoring in the prevention and suppression of administrative offenses
Dolzhenko E. A., Trofimov A. A.
Subsidy refund provided to private entities as a sanction for violating the terms of its provision
Komarova L. V., Chueva A. S.
Legal regulation of anti-corruption in the public budget sector
Uglanova E. S., Zhuravleva I. A.
Protection of Taxpayers’ Rights in the Constitutional Court of the Russian Federation: problem and prospects
TAX LAW
Zinkov E. N.
On the hierarchy of regulatory legal acts in the field of regulation of the taxation regime of non-residents in the Russian Federation
ENTREPRENEURIAL LAW
Koshelyuk B. E., Svistushkina Ya. V.
Current problems and directions of improving the mechanism for protection of the rights of entrepreneurs in the court
Kudryavtseva L. V., Shirokaya P. A., Oblogin D. D.
Features of investment activities in the development of digital assets
Litvinovich F. F., Nasrtdinova Ch. R.
Organizational and legal forms of entrepreneurial activity: business entities in the system of corporate legal entities
Pirova R. N.
The main aspects of the socio-economic policy of Russia and the bodies, implementing socio-economic policy in Russia
Spector A. A.
Prospects for the development of the legal policy of the state in relation to the regulation of entrepreneurial activity
Tumanov E. V.
Self-regulation in business activities
COPYRIGHT LAW
Medzhidova E. V., Solovjeva E. V.
Problems of copyright protection for computer programs
CRIMINAL LAW
Abaev N. B., Urusov Z. Kh.
Features of conducting investigative actions in criminal cases initiated against minors
Abdulmutalimova Z. M., Serkerov S. E., Mirzaeva Z. Z.
Criminal liability of minors for theft in the Republic of Dagestan
Akopyan R. M.
Gaps in criminal legislation for crimes under chapter 32 of the Criminal Code of the Russian Federation (crimes against order and management), ways to solve them
Aseykin R. V.
Release of a person from responsibility for committing a crime under article 209 of the Criminal Code of the Russian Federation
Butov V. V., Kurilkina O. A., Serdyukova Yu. A.
Socio-psychological problems of the formation of legal consciousness in minors
Galyautdinov R. F., Chembarisov T. I.
Trends in the development of cyber fraud in Russia
Zorina N. S.
Features of deviant behavior of adolescents
Kochesokova Z. Kh.
Crimes committed in the digital space: problems of detection and countermeasures
Pateeva D. R., Boyko A. I.
Issues of defining a special subject of fraud in social networks
Pirova R. N.
Features of the investigation of corruption crimes in the sphere of health care
Radchenko E. P., Zorina N. S.
Causes and conditions of juvenile delinquency
Semenov S. G., Ulybina O. V., Kurochkin A. S.
Some issues of criminal law characteristics of liability and its grounds
Sereda I. M., Stupina S. A.
On the issue of criminal legal means of countering information and psychological influence
Starygina T. A.
Prevention of crimes against witnesses and victims
Chistotina O. N., Kurbatova G. V.
Problems of improvement of normative regulation of house arrest
Vinogradova A. Yu.
Topical issues of regulation of the death penalty in Russia against the backdrop of withdrawal from the Council of Europe
Nguyen H. T.
The evolution of the criminal-legal status of subjects under the legislation of the Socialist Republic of Vietnam
CRIMINAL PROCESS
Zorina E. A., Pavlov D. V., Chasovnikova O. G.
Protection of rights and freedom of the person in criminal proceedings in Russia
Kurochkin A. S., Baluyev A. S., Tyapkov A. D.
Topical issues of countering the investigation of crimes against property
Mustafina G. M.
On the question of the participation of an interpreter in the implementation of the operational search event “survey”
Nazarkin E. V., Kholoden I. V.
Features of the tactics of conducting an inspection of the scene during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions providing isolation from society
Sokolova T. S., Imaeva Yu. B.On the issue of investigation of crimes in the field of drug trafficking
Tikhanin I. V.
Implementation of the principle of recognition, provision and protection of human and civil rights and freedoms in Russian criminal proceedings (humanistic and anti-corruption aspects)
Urusov Z. Kh., Abaev N. B.
General characteristics of special knowledge and their role in solving crimes
Shcherbakov A. A., Palazin S. A., Vlezko D. A.
The role of the prosecutor in the protection of human and civil rights and freedoms in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Ananjeva E. O., Ivliev P. V.
Digitalization of individual areas in the activities of the UIS
Akhtamyanov R. R., Milutin R. V., Bobylev A. A.
The history of the development of correctional institutions (penitentiary institutions) in different periods and epochs of the history of Russia
Mikheeva S. V., Kravchenko E. N.
Problems of the application of penalties and rewards by personnel of the ces to convents serving sentences in places of detention
CRIMINALISTICS
Bitov A. A., Kolmykov S. N., Boloban M. L.
Problems of obtaining information from computer systems in the interests of the investigation and during operational activities
Zhabkin A. S., Akhtyamova K. M., Ulybin V. S.
On the legal grounds and the possibility of practical implementation of an operational search measure to establish the location of a subscriber device
Ziganshin M. N., Shapochansky V. N., Zhuravlev A. S.
About some issues of disclosure of premeditated murders by criminal investigation units
Lutfullina G. R.
Criminalistic classification of self-serving and violent crimes committed by minors
Nukhov R. R., Karpov A. A., Fedortsov A. V.
Inspection of the scene in the activities of the investigator
Usmanov D. R., Zinchenko N. N., Khrysev E. V.
Psychological personality types as a key aspect when choosing interrogation tactics
Arutyunyan P. E., Vlezko D. A., Nikitina V. A.
The essence of the criminalistic version
Goloborodko A. V., Kazakhetsyan G. O., Pavlov O. S.
Accounting documents as objects of forensic accounting expertise
CRIMINOLOGY
Ganieva I. A., Zhabkin A. S., Khatuaev M. O.
Criminological characteristics of female suicidal terrorism
Romanovskaya I. V.
Some features of the determination of recidivism
Stupina S. A.
The influence of the social environment on the formation of drug use (on the example of the Krasnoyarsk Territory)
Shtarev D. O., Khalitov R. R., Shabaev V. V.
Some issues of qualification of crimes related to illegal arms trafficking
LAW ENFORCEMENT AGENCIES
Akhiyarov R. A., Nikolaev N. Yu., Trofimov V. A.
Stress and its impact on the daily and operational activities of the student (employee) of the Department of Internal Affairs
Davletov V. I., Shalamov V. V., Shcherbakov A. V.
Methods of fire training of law enforcement officers
Erokhin R. A., Kravtsov S. S.
Fundamental of investigative work in the digital information space using social media platforms
Kadyrova Ch. A., Kuznetsov A. A., Kurilo S. N.
The institution of the oath, its history and role in the formation of moral values and the image of a police officer (on the example of the Kyrgyz Republic)
Kan L. V., Podrezov A. A.
Actual problems of the use of methods of detention by employees of internal affairs bodies in their official activities
Kubeev A. Z., Yakushev E. V.
Physical training as the basis of professional activity of employees of internal affairs bodies
Kurshev A. Kh.
Formation of psychological resistance to the use of firearms among students in educational organizations of the Ministry of Internal Affairs of Russia
Legostaev S. V.
Prosecutor’s office in the modern Russian state-legal mechanism
Magomedaliev M. M., Bayramov S. A., Chembarisov T. I.
Physical and fire training in the system of professional training of law enforcement agencies
Murtazin A. I., Zinchenko N. N., Bulatov D. V.
The influence of design features of short-barreled firearms on the effectiveness of the tasks of employees of the internal affairs bodies of the Russian Federation
Nikolaev N. Yu., Akhiyarov R. A., Podkovka S. V.
The role of fire training in the formation of the personality of the student of the Ministry of Internal Affairs of Russia
Popova N. V., Zhelonkin V. V., Zavgorodny A. G.
Electronic environment as a means of optimizing independent physical training of cadets
Tapunov Yu. N., Zinnatov R. R., Yachmenev S. P.
The place and role of the discipline “physical training” in the system of the educational program of departmental universities of the Ministry of Internal Affairs of Russia
Yusupova S. I., Sattarova A. G., Kozhin D. A.
The use of search dogs in the activities of law enforcement agencies: retrospective and modern experience of Russia and foreign countries
SECURITY AND LAW
Abaev N. B.
New trends in countering cyberterrorism
Abramova S. R., Kochneva L. V., Khakimov R. M., Nurutdinov A. A., Abramov I. R.
Technosphere security of modern Russian society
Golyandin N. P., Sheriev A. M.
Ensuring public safety and public order by employees of the Nalchik school for the improvement of the commanding staff of the police of the USSR Ministry of Internal Affairs in the Caucasus since the late 80s and early 90s of the 20th century
Pogomiy I. N., Ermolina M. A., Menshikov P. V.
Specialized prosecutor’s offices for the supervision of the enforcement of laws in the coal mining industry
Tambiev S. A.
Signs and classification of terrorism
Trunov I. L.
Legal improvement of the food industry
Khalitov O. F., Sobolev A. G., Imangazhinov D. T.
On the influence of mass culture on the formation of delinquent behavior among young people
Golyandin N. P., Taova L. Yu., Verkhovetskiy I. V.
Threat-forming factors of committing crimes of a terrorist nature and extremist orientation in the North Caucasus federal district
STATE AND LAW
Andryukhina I. Yu., Pekhova L. S.
On the issue of the formation of the professional culture of State civil servants
Ivliev P. V., Ananjeva E. O.
Prospects for the use of crowdsourcing in the political sphere
Minkova E. A.
Typology of organizational culture in bodies of state and municipal administration
Miftakhov R. L., Belousov A. I.
Features of the administrative and legal status of foreign agents in the Russian Federation
Tuliev I. I., Maloletkina N. S.
Public-private partnership in the penitentiary sphere using blockchain technology
Filippova I. A., Ustinova O. V.
Personnel work in the system of the state civil service
Andryukhina I. Yu.
Improvement of technologies for the selection (selection) of personnel in the field of public and municipal administration
Wang Peiyu
Levels and ranking system of government positions in China
PEDAGOGY AND LAW
Donskov A. V., Zykova K. I., Klenin A. I.
A modern overview of the legal basis of educational relations and the legal status of their participants
Zinchenko N. V., Repin V. A., Chernetskiy V. A.
Forming a positive reputation of the police in public opinion
Lysenko N. A., Molchanova S. E.
Using legal texts in the process of preparing lawyers in various fields of study within undergraduate programs
Nikolaev N. Yu., Rybachenok A. V., Arutyunyan V. N.
Structure of computer and simulator technology for training cadets of higher education institutions of the MIA of Russia
SPORTS LAW
Tuko D. D., Verbilov A. F., Shabaev V. V.
Problems of transgenderism in modern sports
POLICY AND LAW
Farkhutdinova I. R., Nikolaev A. S.
The influence of social media on political and legal processes in modern Russia
SOCIOLOGY AND LAW
Khayrullina N. G., Gudenkova O. I.
Socio-legal bases for development of representatives gypsy communities
LANGUAGE AND LAW
JingPing Lv
Study of discursive strategies in the Russian media (based on western anti-Russian sanctions)
ECONOMY. LAW. SOCIETY
Vdovina A. N.
Organization of control over the financial condition of the centers of labor adaptation of convicted institutions of the penitentiary system of the Russian Federation
Demyanova O. V., Nikulin R. A.
Financial directions of ensuring technological sovereignty of the domestic economy
Zaytsev A. G., Mashegov P. N., Tаkmakova E. V.
Resource support for the development of regions based on the use of the potential of digital assets and the concept of subjects with a special economic status
Klyavlin M. S., Klyavlina Ya. M., Danilov N. V., Opoikova S. M. Mustafina A. I.
Energy-saving measures in the heating system of administrative buildings (economic aspect)
Medvedeva L. B., Barbakova E. V.
Innovative development of food and processing industry enterprises of the tyumen region
Mukhamadieva E. F., Mineeva V. M., Iraeva N. G., Galimullina S. R., Galimullina N. A.
Assessment of risks and threats to the economic security of the enterprise
Nafikova L. Sh., Kantor O. G.
Research of the activities of oil and gas companies of the Russian Federation in the context of sustainable development
Nigmatullina I. V., Rassolova I. Yu., Emelyanov S. V., Burganova A. A.
Freelancing as an alternative form of personal self-realization in Modern Russia
Sedykh V. A., Radchenko E. P., Vdovina A. N.
Regulatory and legal regulation of catering of convicts, suspects, accused in the penal enforcement system of the Russian Federation: key problems and contradictions
Solovjeva I. A., Pyanova N. V.
Institutional limits of the creative economy
Takmakova E. V., Ignatov S. A., Zubanova A. E.
The dynamics of the marriageable age in the Russian Federation in 1960-2020 as a factor in the birth rate of the population
Ustinova O. V.
The current state of public-private partnership in the Russian Federation
Kopeykin M. L., Tutueva D. D.
Evolution of the bond as a financial instrument at the current stage of economic development
Medvedeva L. B., Pivovarova I. V.
On the issue of food security of the Tyumen region
Filippova E. S.
Experience in construction of an enterprise management algorithm in the field of public catering
Kang Tianyu
The problem of overestimating and underestimating the factors of economic growth in China
Tao Boyu
Efficiency of creating a new financial instrument: ruble-yuan currency SWAP
Shi Lin
China’s industrial policy as a system-forming factor of economic development
PHILOSOPHY. LAW. SOCIETY
Bondarenko O. V., Vasenkin A. V.
Transhumanism as a new philosophy of man in modern conditions
Gofman A. A., Timoschuk A. S.
Genesis of the Wagner PMC in the information agenda of the SMO
Zaytsev N. N., Zavyalova A. N., Bugaev V. A.
War or armed conflict – philosophical understanding of the criteria
Zhigulskiy E. V. (Priest Evgeny Zhigulskiy)
The Sacramentological aspect of Hans Kung’s ecclesiological views
Itkulova L. A.
Archetypes of the ethnocultural tradition of the Bashkirs
Krasnikov S. P.
Understanding Technology in Modern Philosophy
Kruchinin S. V.
Understanding and self-determination through love
Moiseeva T. P.
Capitalist mode of production: patterns of development
Pangelskaya D. E., Yakovlev N. М.
Principle of justice of legal responsibility
Zolkhoeva M. V., Badmaeva M. Kh.
Artificial intelligence: friend or foe?
INTERNATIONAL LAW
SULYAGIN Semyon Daniilovich
postgraduate student of the St. Petersburg University of Management Technologies and Economics, arbitration manager
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, professor of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
MISHALCHENKO Mariya Yurjevna
assistant of civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
PUBLIC AND INTERNATIONAL LEGAL PROTECTION ASPECTS OF CONSTITUTIONAL RIGHTS OF CITIZENS IN THE CONDITIONS OF DIGITAL MODERNIZATION OF SOCIETY IN THE RUSSIAN FEDERATION
This study is devoted to the problem of compliance with the constitutional rights of citizens in the context of digital modernization of society in the Russian Federation. In the context of the digital transformation of society and the state, this study is of particular importance and relevance. The purpose of the study is to identify problems in a given area. The author analyzes such important constitutional rights as the right to privacy, the right to vote and the right to appeal to public authorities, as well as the right to education through the prism of digitalization of the relevant rights. As a result of the research, the author identified a number of problems inherent in ensuring these rights in the context of digital modernization. As a result of the research, the author forms a general picture of the insufficiency of technical equipment and material and technical base for the transition to electronic formats, as well as the lack of developed mechanisms for monitoring compliance with rights, which is why at the moment there is a decrease in the quality of providing citizens of the Russian Federation with these constitutional rights. The author of the study believes that public authorities should pay attention to increasing funding for the digitalization of society, ensuring control mechanisms and modernization of the regulatory framework.
Keywords: digitalization, constitutional rights, Constitution, state.
Reference bibliographic list
1. Karasev A. T., Kozhevnikov O. A., Meshcheryagina V. A. Digitalization of legal relations and its impact on the implementation of individual constitutional rights of citizens in the Russian Federation // Antinomies. – 2019. – No. 19 (3). – P. 99-119.
2. Kartskhiya A. A. Digital transformation and human rights // Russian political science. – 2018. – No. 4 (9). – P. 33-38.
3. Kozlova E. I., Kutafin O. E. Constitutional law of Russia: Textbook for students, teachers of law. universities. – 4th ed., revised. and additional – M.: Prospekt, 2010. – 608 p.
4. Salamov N. M. Restriction of the rights and freedoms of a person and a citizen in order to protect health in a pandemic: problems and proposals // Siberian Legal Bulletin. – 2021. – No. 4 (95). – P. 52-59.
5. Strebkova E. G. Digitalization of constitutional rights and freedoms: the essence and problems of implementation // Legal policy and legal life. – 2021. – No. 1. – P. 217-225.
6. Strokov A. A. Digitalization of education: problems and prospects // Bulletin of the Minin University. – 2020. – Volume 8. No. 2. – P. 1-14.
7. Zhadan V.N. To the question of modern topical problems of constitutional law // Legal Science. – 2019. – No. 7. – P. 13-18.
INTERNATIONAL LAW
AMIROV Dinar Rustemovich
Ph.D. in Law, Consultant of the Federal Institute of Vocational Education, Moscow
DIFFERENTIATION OR FRAGMENTATION OF INTERNATIONAL LAW?
The article discusses the “fragmentation” of international law. The report of International Law Commission on fragmentation of international law is critically analyzed. The author illustrates that there are no grounds for conclusions about the loss of systemic properties by international law due to its ongoing “fragmentation” and the emergence of “self-contained” regimes. The expansion of the scope of international legal regulation does not lead to fragmentation, but to the differentiation of international law. At the same time, the risks of a genuine fragmentation of international law are examined in connection with the ongoing transformation of international relations and the concept of a “rules-based international order”.
Keywords: international law; system of international law; fragmentation of international law; self-contained regimes; rules-based order
Reference bibliographic list
1. Averyanov A. N. System: philosophical category and reality. M.: Thought, 1976.
2. Alekseev S. S. Law: ABC – Theory – Philosophy: Experience of a comprehensive study. M.: Statut, 1999.
3. Alekseev S. S.Collected works. In 10 tons [+ Reference. volume]. Volume 2: Special issues of jurisprudence. M.: Statut, 2010.
4. Belyaeva G. S. Doctrinal foundations of the concept and essence of the legal regime // Modern theory of legal regimes: theoretical and sectoral approaches: monograph / V. P. Belyaev, G. S. Belyaeva, K. V. Dyadyun [and others] . Krasnoyarsk: Sib. feder. university, 2017.
5. Vylegzhanin A. N., Nefedov B. I., Voronin E. R., Magomedova O. S., Zotova P. K. The concept of “rule-based order” and international law // Moscow Journal of International Law. 2021. No. 2. P. 35-60.
6. Gaverdovsky A. S. Implementation of the norms of international law. Kyiv: Head publishing house of the Publishing Association “Vishcha Shkola”, 1980.
7. Kolodkin R. A. Fragmentation of international law // Moscow Journal of International Law. 2005. No. 2. P. 38-61.
8. Lavrov S. V. On the law, rights and rules // Russia in global politics. 2021. No. 4. 8-20.
9. Lukashuk II International legal regulation of international relations. M.: Intern. relations, 1975.
10. Lukashuk I. I. Norms of international law in the international normative system. Moscow: Spark Publishing House, 1997.
11. Lukashuk I. I. The right of international responsibility. M. Walters Kluver, 2004.
12. Plotnikov A. V. Evolution of doctrinal approaches to understanding and evaluating the fragmentation of international law // Russian Journal of Law. 2013. No. 3. P. 15-19.
13. The system of law: history, modernity, prospects: monograph / T. N. Radko, D. M. Azmi, A. A. Golovina [and others]; ed. T. N. Radko. M.: Prospekt, 2020.
14. Malksoo L. Russian approaches to international law. Oxford university press, 2015.
15. Matz-Luck N. Structural Questions of Fragmentation // Proceedings of the Annual Meeting (American Society of International Law). 2011 Vol. 105.Pp. 125-127.
16. Peters A. The refinement of international law: From fragmentation to regime interaction and politicization // International Journal of Constitutional Law. 2017 Vol. 15.Pp. 672-673.
17. Post H. H. G. Some curiosities in the sources of the law of armed conflict conceived in a general international legal perspective // Netherlands Yearbook of International Law. Vol. 25. 1994. App. 83-117.
18. Simma B. Self-contained regimes // Netherlands Yearbook of International Law. 1985 Vol. 16.Pp. 111-136.
19. Simma B., Pulkowski D. Of Planets and the Universe: Self-contained Regimes in International Law // EJIL. 2006 Vol. 17. No. 3.Pp. 483-529.
INTERNATIONAL LAW
ANTONOV Alexander Yurjevich
lecturer of the Barnaul Law Institute of the MIA of Russia
PROSPECTS FOR INTERNATIONAL COOPERATION OF THE MINISTRY OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
The development of Russia at the present stage is characterized by active reformation of all spheres of our society, including the implementation of state policy regarding internal affairs. The aim of the article is to analyze the system of international cooperation of the Ministry of Internal Affairs of the Russian Federation with the competent authorities of foreign states on the basis of domestic regulatory legal acts, interdepartmental international treaties of the Russian Federation. Practical significance of the study manifests itself in the fact that the considered material can be used for further researches in the field of unification and harmonization of the legislation of various countries aimed at strengthening international cooperation. The relevance of the research topic is determined by the importance of improving the legal framework for international cooperation of the Ministry of the Internal Affairs of the Russian Federation. Taking into consideration the facts listed above, it is possible to draw a perspective for discussing the matter in the scientific circles.
Keywords: international law, international cooperation, law enforcement agencies, Interpol, UN.
Reference bibliographic list
1. Konovalova L. A. International cooperation of bodies engaged in police activities // Glossa: Bulletin of student science, edition of the Department of Theory and History of State and Law of Kursk State University – 2019. – P. 80-85.
2. Order of the Ministry of Internal Affairs of Russia dated January 18, 2019 No. 15 (as amended on December 28, 2021) “On approval of the Regulations on the International Cooperation Department of the Ministry of Internal Affairs of the Russian Federation” // Consultant Plus SPS.
3. “European Convention on Mutual Legal Assistance in Criminal Matters” (Concluded in Strasbourg on April 20, 1959) (as amended on November 8, 2001). European Treaties Series No. 30.
4. “Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters” (Concluded in Minsk on January 22, 1993) (as amended on March 28, 1997) (entered into force on May 19, 1999)4, for the Russian Federation 10.12.1994) // ATP “Consultant Plus”.
5. “Convention against Transnational Organized Crime” (adopted in New York on November 15, 2000 by Resolution 55/25 at the 62nd plenary meeting of the 55th session of the UN General Assembly) (as amended on November 15, 2000) // ATP Consultant Plus.
6. Minyaev A. A. National Bureau of Interpol in Russia: prerequisites for creation // In the collection: Law enforcement activities of internal affairs bodies in the context of modern scientific research: Materials of the international scientific and practical conference. – 2019. – S. 244-248.
7. Tatsyura V. S. International cooperation in the field of combating illicit trafficking in counterfeit, substandard and unregistered medicines, medical devices and the circulation of counterfeit biologically active additives // In the collection: Interaction of law enforcement agencies and special services of the CIS member states in the field of combating crime : Materials of the international scientific-practical conference. – 2021. – S. 166-171.
8. Fayzrakhmanov N. F. Fighting Trafficking of Falsified and Substandard Medicinal Products in Russia. // International Journal of Risk and Safety in Medicine. – 2015. – P. 37-40.
9. Aliev Ya. L., Salnikov P. P. International law enforcement and police traditions in Russia // Legal science: history and modernity. – 2012. – No. 8. – P. 130-150.
10. Kolesnikov V. A., Sitnikov K. A. On the process of reforming the UN police peacekeeping // Public safety, law and order in the III millennium. – 2020. – No. 6. – P. 112-117.
INTERNATIONAL LAW
DELEGEOZ Elena Gennadjevna
Ph.D. in historical sciences, associate professor of Constitutional and administrative law sub-faculty of the Saint-Petersburg State University of Economics
THE PRINCIPLE OF SOVEREIGN IMMUNITY OF STATES: MODERN TRENDS IN LEGAL SCIENCE AND PRACTICAL IMPLEMENTATION
In this paper, a comparative legal analysis of the UN Convention on Jurisdictional Immunities of States and Their Property of 2004 and the Federal Law on Jurisdictional Immunities of Foreign States and Property of a Foreign state in the Russian Federation of 2015 is carried out. The problems of applying the principle of sovereign immunity of the States in modern conditions are solved by the States themselves to a greater extent within the framework of national legislation. The author comes to the conclusion that the Russian legislation has attempted to move to the position of the concept of functional immunity of a foreign state.
Keywords: sovereign immunity, jurisdictional immunity, principles of international law.
Reference bibliographic list
1. Boguslavsky M. M. State immunity. – Moscow: IMO Publishing House, 1962. – 231 p.
2. Convention on Jurisdictional Immunities of States and Their Property. [Electronic resource]. – Access mode: https://base.garant.ru/2564149/53f89421bbdaf741eb2d1ecc4ddb4c33/ (date of access: 01.02.2023).
3. International private law. Textbook / Krylov S. B., Peretersky I. S. – Moscow: Jurid. Publishing House of the NKJU USSR, 1940. – 205 pp.
4. International private law. Textbook// Ed. Dmitrieva G.K. – M., 2003. – 688 p.
5. Federal Law “On jurisdictional immunities of a foreign state and property of a foreign state in the Russian Federation” dated November 3, 2015 No. 297-FZ (last edition). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_188328/ (accessed 01.02.2023).
6. Khlestova I. O. Problems of jurisdictional immunity of a foreign state // Abstract of the dissertation for the degree of Doctor of Law. – Moscow, 2003. – 52 p. [Electronic resource]. – Access mode: https://new-disser.ru/_avtoreferats/01002622737.pdf.
INTERNATIONAL LAW
KLIMOVA Olesya Valerjevna
Ph.D. in Law, associate professor of Customs law and official activity sub-faculty of the Far Eastern State University of Railway Transport, Khabarovsk
KARAEV Akhmad Abdurakhmanovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Institute (branch) of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
PROBLEMS OF CODIFICATION OF NORMS OF INTERNATIONAL LEGAL RESPONSIBILITY: HISTORICAL AND LEGAL ASPECT
The work on codification of the norms of international legal responsibility was carried out in different periods not only by individual scientists and scientific institutions, but also by non-governmental and intergovernmental organizations. However, so far none of these attemptshas led to the emergence of a universal international concept. The article provides a step-by-step review of the codification of the norms of international legal responsibility. The role of international legal doctrine, scientific institutions, international organizations and states in the formation and systematization of the law of international responsibility is noted.
Keywords: international law, international organizations, codification of international law, law of international responsibility, institute of international responsibility.
Reference bibliographic list
1. Resolution by the UN General Assembly 56/83 of December 12, 2001 “Responsibility of States for internationally wrongful acts” // Russian Yearbook of International Law. – 2002. – S. 361-376
2. UNCLOS Yearbook. – 1975. – T. II. – P. 66-71.
3. Keshner M. V. The right of international responsibility: a textbook. – M.: Prospekt, 2019. – 240 p.
4. Kolosov Yu. M. Responsibility in international law. – M., 1975. – 256 p.
5. Kolosov Yu. M. Responsibility in international law. – 2nd ed. – M.: Statute, 2014. – 224 p.
6. Lukashuk I. I. The right of international responsibility. – M.: Wolters Kluver, 2004. – 432 p.
7. Roth A. Das volkerrechtliche Delikt vor und in der Verhandlungen auf der Haager Kodifications Konferenz 1930. – Leipzig, 1932. – P. 177-178.
INTERNATIONAL LAW
PANOV Philipp Yurjevich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
UNILATERAL RESTRICTIVE MEASURES THROUGH THE PRISM OF THE WORKS OF THE NATIONAL DOCTRINE OF INTERNATIONAL LAW
Unilateral restrictive measures that have been introduced in Russia since 2014 are not the first case of the application of such measures against Russia. Throughout its history, Russia has repeatedly faced the introduction of various kinds of economic restrictions against it, as well as introducing its own restrictions as a retaliatory measure.
In this article, the author gives examples confirming the use of restrictive measures against Russia before the events of 2014 and the Cold War period, and also analyzes the perception of this issue by the classical domestic international legal doctrine.
Keywords: sanctions, restrictive measures, embargo, retorsions, military neutrality, continental blockade, Martens.
Reference bibliographic list
1. Doraev M. G. Economic sanctions in the law of the USA, the European Union and Russia. – M.: Infotropic Media, 2016. – P. 114-124.
2. Sidorenko L. V. The armed neutrality of Catherine the Great as a blow to the English counter-revolution // St. Petersburg and the countries of northern Europe. – 2020. – No. 22 (1-2).
3. Piggott F. T. Freedom of the Seas, Historically Treated. – London: H.M. Stationery Off, 1920.
4. Igolkin I. Yu. On the conclusion of a peace treaty between Russia and France in 1800 – 1801. // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of Russia. Russia and the world. – 2021. – No. 4 (30). – P. 125.
5. Tarle E. V. Napoleon’s invasion of Russia, 1812. – M.: Military Publishing, 1992. – S. 4-5.
6. Martens F. F. On the right of private property during the war. – St. Petersburg, 1869. – S. 47-48.
7. Glandin S. V. Exclusion from sanctions lists in the EU Court. The experience of Russia’s “allies” // Legal Insight. – No. 10 (46). – 2015. – P. 41.
INTERNATIONAL LAW
LEBEDEVA Yana Igorevna
Research Fellow of the Human Rights Department of the Institute of State and Law of the Russian Academy of Sciences
OPINIONS OF THE VENICE COMMISSION ON CERTAIN ASPECTS OF EUROPEAN INTEGRATION
This article analyzes the history of cooperation between the European Union and the Venice Commission. Since the establishment of the EU in 1992, the Venice Commission has provided assistance to the Union in various aspects of integration process. In the early stages, it was manifested in participation in the development of the all-Union Act on European Citizenship, as well as in advising the Republic of Estonia on its accession to the European Union. Further, the study focuses on the opinions of the VC in relation to specific areas of European integration, such as the interaction of the Union law with the constitutional law of the Member States; the legal consequences of the adoption of the EU Charter of Fundamental Rights; the EU’s accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, etc. The conclusion states that The European Commission for Democracy through Law is carrying out a significant work that helps consolidate the European system of human rights protection and preserve the “European constitutional heritage”.
Keywords: European Union, Council of Europe, Venice Commission, human rights, integration law, democracy, constitutional reform.
Reference bibliographic list
1. Lebedeva Ya. I. Decisions of the Court of Justice of the European Union as a factor in the formation of European integration // International justice as a factor of integration: monograph / Otv. ed. T.Ya. Khabrieva, A.I. Kovler. – M.: IZiSP: NORMA: INFRA-M, 2019. – P. 38-63.
2. Ryabova V. O. Accession of the European Union to the European “Convention for the Protection of Human Rights and Fundamental Freedoms”: problems and prospects // Asia-Pacific Region: Economics, Politics, Law. – 2015. – No. 1. – P. 172-185.
3. Khabrieva T. Ya. Venice Commission as a subject of law interpretation: Monograph. – M.: Statute, 2018.
4. Entin KV Accession of the European Union to the ECHR // Moscow Journal of International Law. – 2012. – No. 3. – S. 108-124.
5. Kadelbach S. The European Court of Justice and Human Rights Law // Judging International Human Rights: Courts of General Jurisdiction as Human Rights Courts / Ed. by Kadelbach S., Rensmann T. Rieter E. – Cham: Springer, 2019.
INTERNATIONAL LAW
NIKIFOROVA Elena Nikolaevna
Ph.D. in Law, acting Head of National security and international law sub-faculty of the Russian State Hydrometeorological University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University; associate professor of Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
INTERNATIONAL ENVIRONMENTAL LAW IN A TIME OF UNCERTAINTY
The article deals with the problems of international legal regulation of environmental protection and rational use of natural resources in a period of political instability, instability of mechanisms for the application of certain conventions, treaties and agreements. Proposals are discussed on possible mechanisms of legal regulation in the environmental sphere and the prospects for developing a new concept for the development of interstate cooperation on sustainable development and environmental protection in the short and medium term in the changed international environment.
Keywords: environmental safety, international environmental law, environmental protection, sustainable development, EAEU.
Reference bibliographic list
1. Alimov A. A., Ermolina M. A. Prospects for Russia’s participation in international cooperation in the field of environmental protection in the framework of the development of Eurasian economic integration // Eurasian legal journal. – 2016. – No. 1 (92). – P. 177-181.
2. Ermolina M. A. International environmental law: a textbook for universities. – M .: “Yurayt”, 2023. – 187 p.
3. Kadyrov A. A. Problems of development of environmental law and legislation in Kyrgyzstan // Ecological law. – 2020. – No. 4. – P. 34-40.
4. Sarksyan I. L. Model legislation as a phenomenon in international law // Public and private international law. – 2021. – No. 5. – P. 7-9.
5. Khabrieva T. Ya. On the importance of environmental law and legislation in solving problems of environmental protection. In: Law and Ecology: Materials of the VIII International School-Practice for Young Lawyers (Moscow, May 23-24, 2013) / Ed. ed. Comparative Law under the Government of the Russian Federation: INFRA-M, 2014. – P. 29.
6. Shemshuchenko Yu. S. Ecological constitution of the Earth: conceptual approaches // State and law. – 2008. – No. 6. – P. 23.
INTERNATIONAL LAW
SIDOROV Alexey Matveevich
competitor of the RANEPA under the President of the Russian Federation
NOVIKOVA Irina Petrovna
Head of the Legal Department of “NPC “NAUKA-SERVICE”, Moscow
GUDIMENKO Galina Valerjevna
Ph.D. in economical sciences, professor of the Kaliningrad State Technical Institute
COMPARATIVE ANALYSIS OF THE FUNCTIONING OF THE ADMINISTRATIONS OF THE PRESIDENTS OF THE MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES
The activity of the Presidents of the states is connected with the daily solution of a huge number of issues in various spheres of life of society and the country as a whole. To ensure the functioning of the Presidential power, special subsidiary bodies – presidential administrations – have been created and empowered. The use of separate general scientific and private scientific methods, such as statistical, the method of comparative jurisprudence, etc., allowed the authors to conduct a comparative analysis of the functioning of the Administrations of the Presidents of the member states of the Commonwealth of Independent States. For comparability of the calculated data, the following indicators are determined: the share of costs for ensuring the activities of Presidential Administrations in federal budget expenditures and in the gross domestic product of states, as well as the average annual costs per employee of administrations of individual countries. According to the results of the study, it was concluded that the costs of ensuring the functioning of presidential administrations in different countries, although they differ in physical volume, are comparable in terms of the proposed indicators, are approximately at the same level and do not depend on the number of employees of administrations, their structures, the size of GDP and the volume of budgets.
Keywords: state bodies, subsidiary body, presidential administration, powers.
Reference bibliographic list
1. Gavrilova N. V., Prokofiev V. F. Foreign experience in organizing administrations of the head of state // State power and local self-government. – 2014. – No. 1. – S. 56-62.
2. Kim V. V. The concept of auxiliary government bodies: the institution of plenipotentiaries of the President of Russia in federal districts // Actual problems of Russian law. – 2020. – T. 15. No. 7 (116). – P. 22-29.
3. Kuznetsov S. A. Institute of the President of the Russian Federation in the light of the constitutional reform // Eurasian Law Journal. – 2021. – No. 2 (153). – P. 97-99.
4. Mikhailichenko I. V. The Institute of the President of the Russian Federation in the Renewed Constitution of Russia // Problems of Law. – 2021. – No. 3 (82). – P. 14-19.
5. Nechkin A. V. Subsidiary bodies under the head of state in the CIS countries // Modern law. – 2022. – No. 6. – P. 138-144.
6. Petrovsky D. N. Constitutional and legal status of subsidiary bodies under the head of state: a comparative legal study // Abstract of the thesis. … candidate of legal sciences: 12.00.02 / Mosk. state un-t im. M. V. Lomonosov. – Moscow, 2005. – 20 p.
PRIVATE INTERNATIONAL LAW
ALEKHIN Timofey Olegovich
postgraduate student of Public legal disciplines sub-faculty of the Institute of Law and Management of the Moscow City Pedagogical University.
KRIVENKIY Alexander Ivanovich
Ph.D. in historical sciences, professor of Civil law disciplines sub-faculty, professor of International law and human rights sub-faculty of the Institute of Law and Management of the Moscow City Pedagogical University
COMPARATIVE ANALYSIS OF JUVENILE JUSTICE IN RUSSIA AND SWEDEN
Juvenile justice and its problems towards minors have been worrying scientists and human rights activists for a long time. Yet nowadays there is no consensus about either what is juvenile justice, and juvenile courts as a part of it, or how relevant it is to society and the state. The article provides a comparative analysis of both juvenile justice in general and the court session composition in juvenile cases in Russia and Sweden. It highlights, in particular, which juvenile offenses are solved in the courts themselves and which are solved in the social protection agencies, as well as the role of public organizations related to juvenile justice including international ones.
Keywords: socialization of individual, juvenile justice, juvenile delinquency, justice system, protection of the rights of minors, social protection agencies, public organizations, international organizations.
Reference bibliographic list
1. Alekhin T. O. The legal status of a child in Sweden // Proceedings of young researchers of the VIU RANEPA: a collection of articles by young scientists / Ed. ed. A. I. Bardakov, A. E. Epifanov, O.A. Sergachev. – Volgograd: VIU-RANEPA, 2020. – S. 54-59.
2. Report on cases of removal of children from families in Norway and Sweden and neighboring Scandinavian countries to the Secretary General of the Council of Europe, Mr. Thorbjørn Jagland Avenue del Europe F – 67O75 Strasbourg CEDEX France December 10, 2012: [Electronic resource]. – Mode of access: (date of access: 30.10.2022)
3. Convention on the Rights of the Child 1990: International acts on human rights // Collection of documents. 2nd ed., add. – M .: Publishing house NORM. 2002. – P. 54.
4. Kotov O. Juvenile justice: historical experience and modern problems // Journal of foreign legislation and comparative law. – No. 5 (24) / Institute of Legislation and Comparative Law under the Government of the Russian Federation – M.: 2018 – P.54.
5. Report of the UN Committee on the Rights of the Child, Sweden, 2009, p. 34-35: [Electronic resource]. – Mode of access: http://www2.ohchr.org/english/bodies/crc/docs/co/CRC-C-SWE-CO-4.pdf (accessed 28.10.2022)
6. Scandinavian countries today or what they are, “Europeanvalues”. – [Electronic resource]. – Access mode: http://voodoopipl.ru/yuvenalnaya-yusticiya/shveciya-segodnya-ili-kakovy-oni-evropejskie-cennosti/(Accessed: 10/25/2022).
PRIVATE INTERNATIONAL LAW
BASKAKOVA Yana Alexeevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
GLINSHCHIKOVA Tatiana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MITASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
CONFLICT OF LAWS REGULATION OF MARRIAGE AND FAMILY RELATIONS
The article raises the problems arising in the sphere of conflict regulation of marriage and family relations in the Russian Federation. The authors emphasize that Section VII of the Family Code of the Russian Federation does not fully correspond to modern realities and trends, which is why it is necessary to make appropriate changes and additions to this section. The authors draw attention to a number of problematic provisions contained in section VII of the Family Code of the Russian Federation. On the basis of certain provisions (norms) of the designated section, the authors illustrate the currently existing problems of conflict-of-laws regulation of certain specific institutions, such as recognition of a marriage concluded in a foreign state on the territory of the Russian Federation, property relations of spouses arising from a marriage contract, regulation of adoption. The authors in their work raise the question of the need to amend the provisions of the conflict of laws rule of art. 165 of the RF IC, the question of the choice of the law to be applied to the marriage contract concluded between foreign and Russian persons is raised, the possibility of recognizing same-sex partnerships found abroad in Russia is considered. The conclusion is formulated about the need to modernize the norms of Section VII of the Family Code of the Russian Federation.
Keywords: marriage; family; conflict of laws rule; prenuptial agreement; unification; adoption.
Reference bibliographic list
1. On amendments to part three of the Civil Code of the Russian Federation: Feder. Law of September 30, 2013 No. 260-FZ // SZ RF. -2013. – No. 40 (part III). – Art. 5030.
2. On introducing amendments to the Family Code of the Russian Federation in order to strengthen the institution of the family: draft feder. Law of July 14, 2020 No. 989008-7. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/174451-8 (date of access: 11/27/2022).
3. On the application of the norms of private international law by the courts of the Russian Federation: Decree of the Plenum of the Supreme Court of the Russian Federation of 07/09/2019 No. 24 // ATP “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru/document (date of access: 11/27/2022).
4. On measures of influence on persons involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation: Feder. Law of December 28, 2012 No. 272-FZ // SZ RF. – 31.12.2012. – No. 53 (part I). – Art. 7597.
5. On Amendments to Articles 127 and 146 of the Family Code of the Russian Federation: Draft Feder. Law No. 174451-8 dated August 1, 2022. [Electronic resource] Access mode: https://sozd.duma.gov.ru/bill/174451-8 (date of access: 11/27/2022).
PRIVATE INTERNATIONAL LAW
DZAMASHVILI Revaz Rezoevich
postgraduate student of the Institute of Public Administration of the RANEPA under the President of the Russian Federation
THE DIVISION OF THE SPOUSES’ REAL ESTATE COMPLICATED BY A FOREIGN ELEMENT ON THE EXAMPLE OF RUSSIA AND GEORGIA
The article examines the peculiarities of the application of the norms of private international law in relation to the division of joint immovable property of spouses in case of complications by a foreign element on the example of the legislation of Russia and Georgia. Currently, in accordance with international legal norms, the legislation of the Russian Federation recognizes the supremacy of international treaties over national legislation in the case of cases complicated by a foreign element, but in practice this leads to legal conflicts. And as a result, to the loss of some rights of Russian citizens.
Keywords: family law, division of marital property, private international law.
Reference bibliographic list
1. Civil Code of the Russian Federation (Part Four) dated December 18, 2006 No. 230-FZ // Collection of Legislation of the Russian Federation. – 25.12.2006. – No. 52 (1 hour). – Art. 5496. Ed. dated 05/23/2018 – SPS “Garant”.
2. Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ // Rossiyskaya Gazeta. – 2002. – № 220.
3. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // Rossiyskaya Gazeta. – 1996. – № 17.
4. Agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations in civil, family and criminal cases dated September 15, 2019
5. Civil Code of Georgia. – M.: Legal Center Press, 2002. – 750 p.
6. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ // Rossiyskaya Gazeta. –1994. – No. 238-239.
STATE AND LAW THEORY
BUTAKOVA Nadezhda Alexandrovna
Ph.D. in Law, Head of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical sciences, Dean of the Faculty of Natural Sciences and Humanities Education of the St. Petersburg State Maritime Technical University
TARASOV Alexander Sergeevich
Ph.D. in historical sciences, associate professor of International maritime law sub-faculty of the St. Petersburg State Maritime Technical University
SHIMODSKY TREATISE OF 1855: SPECIFICS OF PREPARATION AND IMPLEMENTATION
The article is devoted to the peculiarities of the preparation and implementation of the Shimoda Treaty of 1855 – the first normative legal act establishing the Russian-Japanese border, defining the order of trade relations between states. The methodological basis of the article was general scientific methods and special (historical-legal, etc.) research methods. The article identifies the factors that influenced international law-making in the middle of the 19th century.
Keywords: History of law, legal regulation of international relations, Russian-Japanese borders, treaty, foreign policy.
Reference bibliographic list
1. Butakova N. A., Evgrafova I. V., Tarasov A. S. Features of the settlement of Russian-Japanese relations in the 50s. XIX century // National scientific and political journal “Power”. 2022. No. 5 (vol. 30). pp. 215-221.
2. Butakova N. A., Evgrafova I. V., Tarasov A. S., Chepel A. I. Evolution of organizational and legal counteraction to piracy at sea // Eurasian Law Journal. 2022. No. 6 (169). pp. 82-86.
3. Zilanov V.K., Koshkin A.A., Plotnikov A.Yu., Ponomarev S.A. Russian Kuriles: history and modernity: Sat. documents on the history of the formation of the Russian-Japanese border and the Soviet-Japanese border. M., 2015. 400 p.
4. Ilyinskaya OI Legal basis of the territorial demarcation between Russia and Japan // Journal of Russian law. 2016. No. 5. P. 129-141.
5. Plotnikov A. Yu. On the issue of the importance of the Kuril Islands in the history of the Asia-Pacific region // Vestnik MSLU. Social Sciences. 2018. Issue. pp. 140-146.
6. Russian State Archive of the Navy (RGA VMF) F. 410. Op. 2. D. 1074.
7. Treatise on trade and borders between Russia and Japan. (Simodsky) [Document]: January 26 / February 7, 1855 // Site of the Presidential Library. B. N. Yeltsin. [Electronic resource]. – Access mode: https://www.prlib.ru/item/375717 (accessed 01/15/2023).
STATE AND LAW THEORY
VARMUND Viktoriya Vsevolodovna
senior lecturer of Notary and civil law disciplines sub-faculty of the Russian Academy of Advocacy and Notary
DETERMINISM OF FREE WILL AS THE BASIS OF LEGAL PERSONALITY
The article analyzes free will as the basis of legal personality, based on the doctrine of the relationship and mutual certainty of all phenomena and processes, considers free will through the prism of the doctrine of universal causality. The hypothesis that individuals have free will as a measure of freedom is revealed. A doctrinal and legal analysis of legal personality is made, the issues of the formation and development of legal personality institutions in Russian law are considered. In particular, the content of legal personality is investigated through the prism of free will. The legal assessment of the grounds for the realization of subjective rights and the performance of legal obligations by an individual with free will be reflected.
Keywords: legal personality, subject of law, determinism, free will.
Reference bibliographic list
1. Avdeeva O. A., Avdeev V. A. Axiomatic principles of legal regulation of delinquency // Legal world. – 2018. – № 3.
2. Avdeeva O. A., Avdeev V. A. Legal pluralism in the assessment of deof Linquence: Problems of Ontological Essence in Russian and Foreign Legislation // International Criminal Law and International Justice. – 2018. – № 5.
3. Avdeeva O. A., Varmund V. V. Legal personality as a legal property of an individual: the main stages of legal genesis // Scientific works of the Russian Academy of Advocacy and Notariat. – 2019. – No. 2 (53).
4. Alekseev S. S. General theory of law: textbook. 2nd ed. – M.: Prospekt, 2008.
5. Arkhipov S. I. Subject of law. Theoretical study. – St. Petersburg: “Legal Center Press”, 2004.
6. Warmund VV Theoretical and legal aspects of legal personality. // Scientific works. Russian Academy of Legal Sciences. Issue 22. – M .: Publishing Group “Jurist” LLC, 2022.
7. Korkunov NM Lectures on the general theory of law. – St. Petersburg: Jurid. Center Press, 2003.
STATE AND LAW THEORY
DOVGAN Ksenia Evgenjevna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
FRAMEWORK LEGAL REGULATION IN THE RUSSIAN FEDERATION: FACTORS OF DEVELOPMENT
Based on the analysis of the legal doctrine and Russian legislation, the article examines the factors that influence the development of the framework legal regulation in the Russian Federation. Purpose: to determine the conditions for the formation and development of the framework of legal regulation in the Russian legal system. The methodological basis was formed by general scientific and special legal methods. Results: the author’s position regarding the development of framework legal regulation is argued, the main trends in legal regulation in the Russian legal system are highlighted. Among them are the features of the development of federal relations, legal reform and the adoption of framework legislation, the influence of international law on national legal regulation, and others.
Keywords: legal regulation, framework legal regulation, federalism, concretization.
Reference bibliographic list
1. Vlasenko N. A. Reasonableness and certainty in legal regulation. – Moscow: INFRA-M, 2014. – 154 p.
2. Vlasenko N. A. Crisis tendencies in the lawmaking of modern Russia // Legal technique. – 2015. – No. 9. – P. 175-182.
3. Gadzhiev G. A., Kovalenko K. A. The principle of legal certainty in constitutional justice // Journal of constitutional justice. – 2012. – № 5. – S. 12-19.
4. Kruss V. I. Constitutionalization of law: fundamentals of the theory: monograph. – M.: Norma: INFRA-M, 2021. – 240 p.
5. Kutafin O. E. The subject of constitutional law. – M.: Jurist, 2001. – 443 p.
6. Nevinsky V. V. “Transformation” of the constitutional foundations of Russian federalism: selected aspects // Fundamentals of the constitutional system. Ensuring the dignity of the individual. Constitutional principles of public authority: Selected works. – M.: Formula of Law, 2012. – 752 p.
7. Sukhanov E. A. On the concept of development of legislation on legal entities // Journal of Russian law. – 2010. – No. 1 (157). – P. 5-12.
STATE AND LAW THEORY
ISMAILOVA Diana Enverovna
postgraduate student of History of state and law sub-faculty of the Institute of Law of the Dagestan State University
CONSTITUTIONAL REFORM OF 2003 IN THE REPUBLIC OF DAGESTAN
The author in this article explores the theoretical and practical aspects of the constitutional development of the Republic, also considers the objective prerequisites for the drafting and adoption of the Constitution of the Republic of Dagestan of 2003. Analyzes the changes that have taken place in the constitutional and legal system of Dagestan. Which led to the need to bring them into line with the Constitution of the Russian Federation of 1993.
Keywords: Constitution of Russian Federation of 1993, Constitution of Dagestan of 2003, transformations, constitutional legal reforms, state building, federative reforms, constitutionalism.
References
1. Khalifaeva A.K. Konstitutsiya Respubliki Dagestan 1994 goda: istoriya podgotovki i prinyatiya [The Constitution of the Republic of Dagestan of 1994: the history of preparation and adoption] / Khalifaeva A.K., Ismailova D.E. // Yuridicheskii vestnik DGU [Legal bulletin of the DSU]. 2017. No. 1. S. 28. (In Russ.)
2. Istoricheskii vybor dagestanskogo naroda [The historical choice of the Dagestan prople] / Doklad Predsedatelya Konstitutsionnoi komissii, Pradsedatelya Gosudarstvennogo Soveta RD M. M. Magomedova na Konstitutsionnom sobranii RD 10 iyustanlya 2003 goda // Dagestanskaya Pravda [periodical Dagestanskaya Pthravda) (Dagestanskaya Pravda [periodical Dagestanskaya Pthravda)]. 2003. July 11. (In Russ.).
3. Konstitutsionnaya komissiya zavershila rabotu nad proektom Osnovnogo Zakona [The Constitutional Commission has completed work on the draft of the Basic Law] // Dagestanskaya Pravda [periodical Dagestanskaya Pravda (Dagestan Truth)]. 2003. July 8. (In Russ.).
4. Nimatulaeva R. A. Nekotorye problemy konstitutsionnogo razvitiya Respubliki Dagestan [Some problems of the constitutional development of the Republic of Dagestan] // Konstitutsionnoe i munitsipal’noe pravo [Constitutional and municipal law]. 2009. No. 10. (document predostavlen SPS Konsul’tant plyus – data obrashcheniya 10/18/2022). (In Russ.).
5. Khalifaeva A. K. Istoriya gosudarstva i prava Dagestana [History of the state and law of Dagestan]. – Makhachkala, 2015. (In Russ.).
6. Konstitutsiya Respubliki Dagestan [Constitution of the Republic of Dagestan]: prinyata Konstitutsionnym Sobraniem 07/10/2003 // document predostavlen SPS Konsul’tant plyus (data obrashcheniya 10/18/2022). (In Russ.).
7. Pirbudagova D.Sh., Savzieva T.B. / Yuridicheskii vestnik DGU [Legal bulletin of the DSU]. 2015. No. 2. S. 47. (In Russ.).
8. Zakon Respubliki Dagestan dated 01.11.2006 No. 50 “O vyborakh Narodnogo sobraniya Respubliki Dagestan” [Law of the Republic of Dagestan dated 01.11.2006 No. 50 “On elections of deputies of the People’s Assembly of the Republic of Dagestan”] (v redaktsii Zakona RD dated March 11, 2009 No. 14) [Elektronnyi fond pravovykh I normativno-tekhnicheskikh dokumentov / Electronic fund of legal and regulatory documents]. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/802077759 (data obrasheniya: 01/31/2023). (In Russ.).
9. Pozdravlenie Prezidenta RD Alieva M. G. s Dnem Konstitutsii RD [Congratulation of the President of the Republic of Dagestan M.G. Aliev on the Constitution Day of the Republic of Dagestan] // Dagestanskaya Pravda [periodical Dagestanskaya Pravda (Dagestan Truth)]. 2006. July 26. (In Russ.).
10. Murtuzaliev A. M. Povyshenie pravovoi kul’tury kak aktual’naya zadacha sovremennosti [Improving legal culture as an urgent task of our time] // Vestnik DGU [Legal bulletin of the DSU]. 2013. Vyp. 2 S. 5-10. (In Russ.).
11. Cherepanov V. Federativnaya reforma v Rossii: sovremennoe sostoyanie i perspektivy razvitiya [Federal reform in Russia: current state and prospects of development] // Politiko-pravovye resursy federalizma v Rossii [Political and legal resources of federalism in Russia] / Pod red . R. Khakimova. Kazan’, 2006. S. 67. (In Russ.).
STATE AND LAW THEORY
FASTOVICH Galina Gennadjevna
senior lecturer of Theory and history of state and law sub-faculty of the Krasnoyarsk State Agrarian University
KAPSARGINA Svetlana Anatoljevna
Ph.D. in pedagogical sciences, associate professor of Foreign language sub-faculty of the, Krasnoyarsk State Agrarian University
KUDASHOVA Irina Vladimirovna
Ph.D. in philosophical sciences, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
TO THE QUESTION OF THE APPLICATION OF INFORMATION TECHNOLOGIES IN THE SYSTEM OF LOGISTICS PROCESSES OF THE RUSSIAN FEDERATION
The article analyzes the Institute of Information Technology in the system of logistics processes in modern Russia. The authors reveal the issues of security of the territorial integrity of the state in terms of the effectiveness of logistics transportation in the food security system. The article reflects the characteristic features of information technologies, their essence, positive and negative aspects, as well as their impact on the effectiveness of state regulation.
Keywords: territorial integrity, logistics processes, information technology, efficiency, state, food security.
References
1. Russian Federation. On the Strategy for the Development of the Information Society in the Russian Federation for 2017 – 2030: Decree of the President of May 9, 2017 No. 203. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022).
2. Decree of the Government of the Russian Federation of December 29, 2021 No. 3971-r “On approval of the strategic direction in the field of digital transformation of the sectors of the agro-industrial and fishery complexes of the Russian Federation for the period up to 2030”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022).
3. Fastovich GG To the question of the implementation of the principle of efficiency in the activities of the mechanism of the state // Law and state: theory and practice. – 2010. – No. 12 (72). – P. 23-25.
4. Fastovich G. G., Osipova E. S. On the issue of providing land plots for the needs of diplomatic missions: a theoretical aspect // Agrarian and land law. – 2019. – No. 10 (178). – P. 4-5.
STATE AND LAW THEORY
KALUZHNY Kirill Lvovich
postgraduate student of Public policy and history of state and law sub-faculty of the Peoples’ Friendship University of Russia
DYSFUNCTION OF A SOCIAL INSTITUTION AS A COMPONENT OF THE ENVIRONMENT OF LAW
The actual problem of the coverage of rights as an established socio-cultural phenomenon has always occupied an important place in the spiritual attitude of a person. Law is a multifaceted conclusion, and the science of law consolidates coverage and the most important information. The article contains a late and historical analysis of the dysfunctions of the institutions of law in general and law in particular. The relationship between the philosophical and legal category of law and law as such is also revealed. The author substantiates the methodological significance of this category in a number of mathematical theoretical and legal categories.
Keywords: dysfunction, environment of law, social institution, church, doctrine.
Reference list:
1. Bachinin V. A. Law // Encyclopedia of Philosophy and Social Law. St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2006. P. 620.
2. Bachini V. A. Law // Encyclopedia of Philosophy and Social Law. St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2006. P. 621.
3. Salakhov V.P. Philosophy of law. M.: Academic project; Ekaterinburg: Business Book, 2002. P. 357.
4. Arseniev N. A. Orthodoxy, Catholicism, Protestantism. Paris, 1948. P. 56.
5. Sigalov K. E. The place of the category “environment of law” in the system of categories of legal theory // Society and Law. 2010. No. 3 (30). pp. 29-35.
6. Dostoevsky F. M. Brothers Karamazov. L.: Nauka, 1991. T. 9-10.
STATE AND LAW THEORY
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor of the West-Siberian branch of the Russian State University of Justice, Tomsk
CHERNIKOVA Alexandra Dmitrievna
postgraduate student of the West-Siberian branch of the Russian State University of Justice, Tomsk
LEGAL CONSCIOUSNESS OF THE RUSSIAN CIVIL SERVANT
The scientific article deals with the problem of the development of the legal consciousness of Russian civil servants, as well as its importance for the qualitative implementation of professional activity. This problem is quite relevant, because the legal consciousness of civil servants has a unique specificity of its formation due to historical, political, social and other factors. Also, as a result of the study, the main provisions were identified, proving that the further development of society depends on the right consciousness, professionalism and efficiency of the activities of civil servants.
Keywords: legal consciousness, civil servant, professional legal consciousness, state apparatus, political and legal factors of the functioning of the state, socio-economic factors of the functioning of the state.
Reference bibliographic list
1. On the State Civil Service of the Russian Federation Federal Law No. 79-FZ of July 27, 2004 (No. 569-FZ of December 28, 2022)
2. Vysokih Yu. V. To the question of the primary sources of legal consciousness // Socium and power. – 2007. – No. 1 (13). – P. 58-60
3. Kerimov A. D. Problems of the general theory of law and state: in 3 volumes. M .: Modern Humanitarian University, 2001. – T. 1. – 266 p. 4. Ulitin I. N. On countering the manifestations of legal nihilism by civil servants of the Russian Federation // Materials of the International Youth Scientific Forum “LOMONOSOV-2017”. – M.: MAKS Press, 2017. – 180 p.
5. Data of the investigative committee for the Irkutsk region. – Text: [Electronic resource] – Access mode: https://sledcom.ru/news/item/1474811/?doc=1 (05/19/2021).
STATE AND LAW THEORY
KOVALENKO Natalya Evgenievna
postgraduate student of the Institute of Law of the Altai State University
DECONSTRUCTION OF POSTMODERNISM. THE TREND OF THE SUBJECT OF LAW IN THE INFORMATION SOCIETY
This article is devoted to the analysis of the current state of the institution of the subject of law in the era of digitalization, the trends of its development in the information society are identified. The conclusion is made about the deconstructive manifestation of postmodernism,expressed in the erosion of the anthropocentricity of law. As a result, the essence of the classical approach to the subject of law is relegated to the background, giving way to “subject-object” relations.
Keywords: person, subject of law, subject of legal relationship, legal relationship, law, anthropocentrism, digitalization, society, state.
Reference bibliographic list
1. Arkhipov S. I. Subject of law: theoretical study. – St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2004. – 469 p.
2. Gabov A. V. Legal personality: a traditional category of law in the modern era // Bulletin of the SGLA. – 2018. – No. 2 (121). – P. 105-122.
3. Kistyakovsky B. A. Philosophy and sociology of law. – SPb.: Publishing House of the RKhGI, 1998. – 798 p.
4. Marchenko M. N. Problems of the theory of state and law: Textbook // Moscow State University. M. V. Lomonosov. 2nd ed., revised. and additional – M.: Norma: NITs Infra-M, 2019. – 784 p.
5. Nersesyants V. S. General theory of law and state: a textbook for universities. – M.: Norma: INFRA-M, 2021. – 560 p.
6. Pavlov V. I. Energy-legal discourse as a post-classical anthropology of law. Towards the beginnings of the deconstruction of the classical model of legal responsibility // Izvestiya of higher educational institutions. Jurisprudence. – 2012. – No. 2. – S. 14-39.
7. Chestnov I. L. Subject of law: from classical to post-classical paradigm // Jurisprudence. – 2009. – № 3. – S. 22-31.
HISTORY OF STATE AND LAW
OSPISHCHEV Roman Igorevich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Peoples’ Friendship University of Russia
CODIFICATION OF MIGRATION LEGISLATION IN RUSSIA: LEGAL ANALYSIS
The issue under consideration in this article is currently one of the topical issues in the migration and legal direction. The issue of codification is controversial in the society of theorists and practitioners. The author reveals the essence of the stated problem and argues for the need to codify the current migration legislation. The codified act in the field of migration will bring together in a single act the main legal aspects of the material and procedural part.
Keywords: foreign citizen, migration law, migration, legal status.
Reference bibliographic list
1. Andrichenko L. V. Migration legislation in the system of Russian legislation // Journal of Russian law. – 2018. – No. 3 (255). – P. 5-16.
2. Matrosova L. D. On the codification of the migration legislation of the Russian Federation // Public service and personnel. – 2020. – No. 3. – S. 208-210.
3. Redkous V. M. General characteristics of the legal regulation of population migration under the legislation of the Republic of Kazakhstan // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – No. 4. – P. 249-254.
HISTORY OF STATE AND LAW
EGOROV Petr Mikhaylovich
Ph.D. in political sciences, scientific researcher of the Institute for Humanities Research and Indigenous Studies of the North of the Siberian branch of the Russian Academy of Sciences
STATE POLICY OF SCIENTIFIC STUDY OF THE ARCTIC REGIONS OF YAKUTIA IN THE POST-WAR PERIOD (1945-1953)
The article considers the development of the policy of the Soviet state in the scientific study of the Arctic and northern regions of Yakutia in the post-war period (1945-1953). Almost immediately after the end of the Great Patriotic War, at the initiative of the republican authorities, scientific research was resumed in Yakutia. During this period, science actively developed and contributed to the solution of domestic and foreign policy problems, a powerful research reserve was accumulated, which allows modern Russia to be the undisputed leader in some areas of the development of the Arctic today.
Keywords: science policy, research, Arctic, Yakutia.
Reference bibliographic list
1. Academic science in Yakutia (1949–2009) / Ch. ed. A. F. Safronov, responsible ed. V. V. Shepelev. – Novosibirsk, 2009. – 220 p.
2. Ermolaeva Yu. N. Russian Academy of Sciences and Yakutia. XX century. // Science and education. – 2002. – No. 3. – P. 22-27.
3. Ermolaeva Yu. N. The Yakut complex expedition of 1925-1930: The development of science in Yakutia. – Novosibirsk: Nauka, 2001. – 162 p.
4. Kupershtokh N. A. Formation of academic science in Yakutia and its contribution to the study of the productive forces of the North-East of Russia // Yakutsk archive. – 2012. – No. 1. – P. 9-18.
5. Makarova E. I., Petrov V. P., Tokarev A. D. The history of the post-war development of academic science based on the materials of the sessions of the Academic Council of the Kola Research Base of the Academy of Sciences (1948-1949). // Proceedings of the Kola Scientific Center RAN. Humanitarian research. Issue 11. – 2017. No. 4. – P.18-35.
6. I. V. Stalin’s speech at the pre-election meeting of voters of the Stalin constituency of the city of Moscow on February 9, 1946 // Stalin I. V. Complete works. Volume 16. -M., 1997 – S. 5-16.
7. Suleimanov A. A. USSR Academy of Sciences and research of the Arctic regions of Yakutia in the late 1940s – 1990s. Book one: Socio-humanitarian areas. – Novosibirsk: Nauka, 2021. – 348 p.
HISTORY OF STATE AND LAW
NECHEVIN Dmitriy Konstantinovich
Ph.D. in Law, professor, professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University
THE PRINCIPLE OF JUSTICE IS AN IMPERATIVE, THE CIVILIZATION OF LAW: HISTORICAL AND LEGAL ANALYSIS
The article analyzes the features of ensuring and implementing the principle of justice in the application of the norms of domestic administrative and criminal legislation, and on this basis differentiates the types of administrative and criminal punishment, increasing their effectiveness and preventive significance by a new legal concept in the Criminal Code of the Russian Federation – “criminal offense”. The historical and foreign experience, as well as the genesis of the concept and the problem of measurement are studied and analyzed.
Keywords: public danger, criminal offense, administrative offense, measurement problem, nature of public danger.
Reference bibliographic list
1. Aseev VG Motivation of behavior and personality formation. M., 1976.
2. Berdyaev N. New Middle Ages. Reflections on the fate of Russia. M., 1991.
3. Bluvshtein Yu. D. Criminology and mathematics. M., 1974.
4. Karpets I. I. Crime: illusions and reality. M., 1992.
5. Kondratyuk N. Anthropology of crime (microcriminology). M., 2001.
6. Kruglikov L. Consideration by the court of mitigating and aggravating circumstances in sentencing // Soviet justice. 1974. No. 14. P. 4-6.
7. Luneev V. V., Matskevich I. M., Nechevin D. K. Problems of domestic crime: statistics and realities // Eurasian legal journal. 2011. No. 1 (32). pp. 103-116.
8. Luneev VV, Nechevin DK “Punk Prayer” in the Cathedral of Christ the Savior and its political and criminological significance // Russian criminological view. M., 2012. No. 3. S. 301-317.
9. Nechevin DK Current state of crime in Russia. Tula: TSU 2022. P. 186-192.
10. Nechevin D.K., Kolodkin L.M. Judicial reform and its problems // Academic Thought. M., 2018. No. 1 (2). P. 7-10.
11. Omar Khayyam. Rubai. Tashkent, 1981. P. 160.
12. Osipov G. V., Andreev E. P. Measurement methods in sociology. M., 1977.
13. Ruchka A. A. Social values and norms (some theoretical and applied issues of sociological analysis). Kyiv, 1975.
14. Savyuk L. Quantitative measurement of the degree of social danger of crimes // Socialist legality. 1975. No. 5. P. 69-71.
15. Sakharov A. B. Methods of a comprehensive study of the identity of the offender // “Problems of improving the efficiency of the preliminary investigation.” Vilnius, 1969.
16. Tagantsev N. S. Lectures on Russian criminal law. The part is common. Issue. 1. St. Petersburg, 1887.
17. Criminal law. A common part. Edited by L. D. Gaukhman, S. V. Maksimov. M., 2003.
18. Criminal law. Some are common, some are special. Edited by L. D. Gaukhman, L. M. Kolodkin, S. V. Maksimov. M., 1999.
19. The Criminal Code of the Russian Federation as of November 01, 2018 plus a guide to judicial practice and a comparative table of recent changes. M., 2018.
20. Educational and practical commentary on the Criminal Code of the Russian Federation. M., 2005.
21. Chubarev VL Social danger of crime and punishment (quantitative methods of study). M., 1982.
22. Shestakov D. A. Family criminology (family, conflict, crime). M., 1996.
HISTORY OF STATE AND LAW
YUMASHEV Yuriy Mikhaylovich
Ph.D. in Law, chief researcher of the Institute of State and Law of the Russian Academy of Sciences
THE HISTORY OF POLITICAL IDEAS IN ANTIQUITY AND THE MIDDLE AGES
The history of political ideas represents the formation of political theories, starting from ancient Greece. The authors of these theories developed them by developing themes, posing problems, discussing and interpreting the texts they created. Over the past millennia, questions have been debated: “What is power and strength?”, “What does justice mean in politics?”, “Who deserves to be a ruler, what should his human qualities be and who should he rule?”
The evolution of these ideas is influenced, in addition to temporary factors, by the mostsignificant events (and their consequences) of each epoch, such as wars, crises, and the conclusion of peace agreements. The nature of the political system also plays an important role.
The history of ideas serves as an arsenal of arguments and models of political theories, with the help of which it is possible to better understand the problems of modern and future development of society. The political ideas of the past are by no means historical relics. They help to better understand the socio-political structure of modern states and the forms of their continued existence in the future.
Keywords: antiquity, state, citizen, democracy, political ideas, religion, Middle Ages, Christianity.
Reference bibliographic list
1. Aristotle. Works in 4 volumes. M., 1976-1984. Volume 4.
2. Blessed Augustine. About the city of God. M., 1994.
3. Budagov R. A. Portraits of linguists of the XIX-XX centuries. M., 1988.
4. Guerrier N. Blessed Augustine. M., 2003.
5. Davis J.K. Democratic and Classical Greece. M., 2004.
6. Azimov A. History of Greece. M., 2007.
7. Vernand J.-P. The origin of ancient Greek thought. M., 1988.
8. Windelband V. History of ancient philosophy. Kyiv, 1995.
9. Windelband W. Plato. Kyiv, 1993.
10. Gergely E. History of the papacy. M., 1996.
11. Ancient Greece / Ed. ed. V. V. Struve. M. 1956.
12. Gilson E. Philosophy in the Middle Ages. M., 2004.
13. Zubov V.P. Aristotle. M., 1963.
14. Kolesnitsky N. F. Holy Roman Empire: claims and reality. M., 1977.
15. Copleston F. Ch. History of medieval philosophy. M., 1997.
16. Plato. Works. Volume 3. M., 1971.
17. Tertullian K. S. F. Selected works. M., 1994.
18. Habermas Y. Between naturalism and religion. M., 2011.
19. Shershenevich G. F. History of philosophy of law. St. Petersburg, 1907.
20. Encyclopedic Dictionary. Volume 2. M., 1995.
21. Maggie B. The Great Philosophers. OUP, 1988, P. 332ff.
22. Taureck B. H. F. Die Sophisten. Wiesbaden, 2005.
23. Wacks R. Philosophy of Law. OUP, 2006.
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
KULIKOVSKAYA Irina Sergeevna
senior lecturer of Civil and international law sub-faculty of the Admiral F. F. Ushakov State Maritime University
LEGAL REGULATION OF MARINE INSURANCE IN THE RUSSIAN EMPIRE
The article analyzes the transformation of the legislative consolidation of the rules of marine insurance in the Russian Empire. The structure and content of the fundamental legal acts on the regulation of marine insurance are analyzed. A distinctive feature of the legislative regulation of marine insurance is revealed – a legally fixed alternative to the application of “rules adopted by other states” in the presence of a gap in the legislation or in the event of a situation not provided for by the insurance policy. In fact, the main act regulating marine insurance in Russia was the Hamburg Rules of 1867, legally allowed for use.
Keywords: marine insurance, merchant shipping, charter, sea vessel, code of laws, risks.
Reference 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. – S. 312.
2. Troitskaya I. V. Features of civil law regulation of insurance in the sphere of entrepreneurship in pre-revolutionary Russia and in the USSR // Proceedings of the Russian State Pedagogical University. A. I. Herzen. – 2010. – No. 134. – P. 114-127.
3. Trading charter // SZRI. – T. XI. – Part II. – 1833.
4. Vitsyn A. Contract of marine insurance under Russian law. – St. Petersburg, 1865.
5. Decision of the 4th Department of the Governing Senate dated November 29, 1901 No. 2089 // The practice of the former 4th and Judicial Departments, the 2nd General Governing Senate of the Assembly and the Civil Cassation Department of the Governing Senate on commercial matters from 1889 to 1913 g. inclusive. Volume II. Comp. A. Dobrovolsky, N. Ber. – St. Petersburg, 1914. – S. 732.
6. Decision of the 4th Department of the Governing Senate of 1891 No. 1034 // The practice of the former 4th and Judicial Departments, the 2nd General Governing Senate of the Assembly and the Civil Cassation Department of the Governing Senate for commercial affairs from 1889 to 1913 inclusive. Volume II. Comp. A. Dobrovolsky, N. Ber. – St. Petersburg, 1914. – S. 742.
7. Decision of the 4th Department of the Governing Senate of 1895 No. 918 // Practice of the former 4th and Judicial Departments, 2nd General Governing Senate Assembly and CivilDanish Cassation Department of the Governing Senate for commercial affairs from 1889 to 1913 inclusive. Volume II. Comp. A. Dobrovolsky, N. Ber. – St. Petersburg, 1914. – S. 708.
8. Ivashchenko E. S. The development of marine insurance in Russia in the first half of the nineteenth century // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2018. – V. 4 (70). – No. 3. – S. 266-276.
9. Shershenevich G. F. Textbook of commercial law. – St. Petersburg, 1908.
10. Platonov A. S. Historical and legal analysis of the development of marine insurance in Russia // History of State and Law. – 2007. – No. 16. – S. 12-14.
11. Tikston Ya. A. Russian maritime policy // Insurance review. – 1898. – No. 11. – S. 656.
HISTORY OF STATE AND LAW
LI Hua
Ph.D., Dean of the Institute of Languages and Culture (International Institute) of the Shanghai University of Politics and Law (China).
FEDYUSHKINA Arina Igorevna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhni Novgorod State University
FEATURES OF THE COURT AND JUSTICE OF MEDIEVAL GERMANY ACCORDING TO THE SACHSENSPIEGEL (SAXON MIRROR)
This article examines the Saxon mirror as a source of medieval law in Germany. The authors emphasize that the legal monument is addressed primarily not to law connoisseurs, but to the “common people” who take part in legal proceedings. The authors analyze the norms on the judiciary and legal proceedings, characterize the jurisdiction of the court of the gograf (village headman) and the class nature of the trial.
Keywords: Customary Law, Saxon Mirror, Court, Middle Ages, Justice, Western European law.
Reference bibliographic list
1. Saxon mirror: Monument, comments, research / Responsible. ed. V. M. Koretsky; ed. Art. L. I. Dembo, G. A. Aksenyonok, V. A. Kikot; Institute of State and Law of the Academy of Sciences of the USSR. — M.: Nauka, 1985.
2. Eike. Der Sachsenspiegel und das sächsische Lehnrecht. Wolfenbuttel. Herzog August Bibliothek Wolfenbüttel. [Electronic resource]. – Access mode: https://www.sachsenspiegel-online.de/cms/ (accessed 20.06.2022).
3. Manuwald H. Pictorial narrative in legal manuscripts? The Sachenspiegel manuscript in Wolfenbuttel // Word & Image. – Vol. 23. – № 3. – 2007.
4. Rentmeister L. Das Verhältnis zwischen Staat und Kirche im späten Mittelalter am Beispiel der Diskussion um den Sachsenspiegel. Freie Universität Berlin, Berlin 2016. [Electronic resource]. – Access mode: https://refubium.fu-berlin.de/handle/fub188/6676
5. Schott C. Der Sachsenspiegel als mittelalterliches Rechtsbuch // Sachsenspiegel: Die Wolfenbütteler Bilderhandschrift Cod. Guelf 3. 1. Aug 2, edited by Ruth Schmidt-Wiegandü Berlin. – Boston: Akademie Verlag, 1993. – P. 25–42. https://doi.org/10.1515/9783050069074-013
6. Schmidt-Wiegand R. Text-Bild-Interpretation: Untersuchungen zu den Bilderhandschriften des Sachsenspiegels. – Munich, 1986.
HISTORY OF STATE AND LAW
RYABCHENKO Alexander Grigorievich
Ph.D. in historical sciences, professor, professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
ORGANIZATIONAL AND LEGAL BASES OF CRIMINAL PROCEDURAL ACTIVITY OF THE RUSSIAN POLICE SINCE THE END OF THE XVIII CENTURY BEFORE THE REFORM OF 1862
The article analyzes the regulatory and legal basis of police activity at the pre-trial stage of criminal proceedings in Russia in the late XVIII – mid XIX centuries. The assessment of the main stages in the organizational development of the institute of preliminary investigation is given.
Keywords: search, police, criminal case, bailiff, preliminary investigation, governor, nizhny zemsky court.
Reference bibliographic list
1. Okun S. V. Essays on the history of the USSR. L., 1948. S. 53-56.
2. Ryabchenko E. V., Palazyan A. S., Ryabchenko A. G. Theoretical and methodological features of the “reborn” natural law in Russia in the late XIX – early XX centuries. Krasnodar, 2006. P. 63.
3. Matienko T. L. Investigation as a special scientific concept: historical and legal arguments // Journal of Russian law. 2009. No. 2. P. 48.
4. Ryabchenko A. G., Petrosyan S. N. Regulation of the interrogating powers of the police at the initial stage of the investigation of crimes in the Russian Empire in the late 18th – early 19th centuries. // Society and law. 2011. No. 4 (36). pp. 25-28.
5. Tushev A.A. On the need for further editing of the Criminal Procedure Code of the Russian Federation // Russian Justice. 2009. No. 1. P. 37.
6. Private bailiff GraBitelev // Sovremennik. 1859. No. 12. P. 5.
7. Borisov A. V. The police of autocratic Russia in the first quarter of the 11th century. Dis. … cand. legal Sciences. M., 1982. S. 63.
8. Ampleeva T. Yu. History of criminal proceedings in Russia (IX-XIX centuries). Abstract dis. … doc. legal Sciences. M., 2009. S. 26.
9. Dzionik V.R. The Ministry of Police of Russia during the period of formation and the Patriotic War of 1812 (historical and legal aspect). Abstract dis. … cand. legal Sciences. SPb., 2001. S. 13.
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
PROSPECTS FOR THE DEVELOPMENT OF THE OMBUDSMAN ABROAD AND IN DOMESTIC PRACTICE
Currently, the norms in the field of human rights and freedoms throughout progressive humanity are observed in accordance with the relevant articles of the basic laws of the state, as well as other normative legal acts. Despite the degree of development of legal systems in the world, there are still difficulties with the observance of human rights and freedoms. One of the most striking examples of the creation of such bodies that monitor the observance of human rights and freedoms are the ombudsmen. The study examines the current problems of the development of the Ombudsman institution, as well as the prospects for its development.
Keywords: human rights, citizen, ombudsman, commissioner, democracy, powers.
Reference bibliographic list
1. Chuksina VV Ombudsman institution in the modern world // Legal culture. – 2022. – No. 1 (48). – P. 109.
2. Saidov FZ Constitutional and legal status of ombudsmen in foreign countries // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (62). – P. 25-33.
3. Rudenko V. V. The Institute of Ombudsmen for Human Rights in the Subjects of the Russian Federation: Problems of Formation and Prospects for Development // Bulletin of the O. E. Kutafin University (MSUA). – 2021. – No. 4 (80). – P. 155-163.
CONSTITUTIONAL LAW
KICHALYUK Olga Nikolaevna
Ph.D. in Law, associate professor, Head of Constitutional and municipal law sub-faculty of the Institute of Service and Entrepreneurship (branch) of the Don State Technical University in Shachty
EXECUTIVE POWER AND THE PRESIDENT OF THE RUSSIAN FEDERATION IN NEW CONSTITUTIONAL REALITIES
The article examines the relationship between the President of the Russian Federation, the Government of the Russian Federation and other executive authorities in the light of the 2020 constitutional reform. The problems associated with ensuring the principle of separation of powers as a principle of the constitutional order of Russia are analyzed. Attention is focused on strengthening the influence of the head of state as a whole on the system of public authorities as a result of the modification of the norms of the Constitution of the Russian Federation.
Keywords: Constitutional reform, President of the Russian Federation, Government of the Russian Federation, executive power, powers, principle of separation of powers.
Reference bibliographic list
1. Alabastrova I. A. Legal status of the head of state as a mirror of the national political regime // Constitutional Bulletin. – 2021. – No. 6 (24). – P. 71-77.
2. Akchurina A. V. Orders of the President of the Russian Federation as a new constitutional and legal instrument in the aspect of constitutional responsibility // Constitutional and municipal law. – 2021. – No. 9. – P. 63-65.
3. Grachev N. I. features of legal acts of the President of the Russian Federation and the constitutional and legal formula of presidential power in Russia // Bulletin of the Saratov State Law Academy. – 2021. – No. 2 (139). – S. 30.
4. Dzidzoev R. M. The President of the Russian Federation and the Government of the Russian Federation: new facets of relations // Journal of Russian Law. – 2021. – T. 21. – No. 5. – S. 43-54.
5. Kireeva E. Yu., Nudnenko L. I., Tkhabisimova L. A. Trends in the legal regulation of interaction between the President of the Russian Federation and the Government of the Russian Federation // Constitutional and municipal law. – 2020. – No. 10. – S. 39.
6. Kondrashev A. A. Super-presidential republic in Russia: myth or reality? // Bulletin of the University. O. E. Kutafina (MSUA). – 2018. – No. 6. – P. 34-42.
7. Keramova S. N., Shikhmirzaev Yu. Sh. President of the Russian Federation and Executive Power // Law and Law. – 2021. – No. 12. – S. 38-41.
8. Yugov A. A. Public authorities in the light of the constitutional reform – 2020: concept and main features // Constitutional and municipal law. – 2021. – No. 6. – P. 3-9.
9. Avakyan S. A. Constitutional law of Russia. – 4th ed. – M., 2010. – S. 347.
CONSTITUTIONAL LAW
KRUPNIK Andrey Valerjevich
postgraduate student of the 2nd course of the Institute of Law, Scientific and Educational Center “Legal Research” of the Peoples’ Friendship University of Russia
TERMINATION OF DOMAIN DELEGATION AS A WAY TO RESTRICT ACCESS TO ONLINE MEDIA PUBLICATIONS
The article describes the legal mechanism for restricting access to online media publications without a court decision, on the basis of a written decision of the head (deputy head or equivalent official) of the body carrying out operational-search activities or a reasoned decision of the head (deputy head or another authorized official) of Roskomnadzor. The mechanism is to terminate the delegation of the domain, which leads to the impossibility of gaining access to the media site. The author analyzes in detail the consequences of a possible restriction of the constitutional freedom of the online media associated with this mechanism and their limits. In addition, the author compares this mechanism with the process of restricting access through the Unified Registry of Domain Names and the Uploading List for telecom operators established by federal laws, reveals the pros and cons of both approaches.
Keywords: freedom of speech, access to information, constitutional values, domain delegation, access restriction, operational-search activity.
Bibliographic list
1. Federal Law of July 27, 2006 No. 149-FZ (as amended on December 29, 2022) “On Information, Information Technologies and Information Protection” (as amended and supplemented, effective from January 9, 2023). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_61798/ (accessed 02/08/2022).
2. Law of the Russian Federation of December 27, 1991 No. 2124-1 (as amended on December 29, 2022) “On the Mass Media”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_1511/ (accessed 02/08/2022).
3. Decree of the Government of the Russian Federation of October 26, 2012 N 1101 (as amended on December 24, 2022) “On a unified automated information system” A unified register of domain names, page indexes of sites in the information and telecommunication network “Internet” and network addresses that allow identifying sites in information and telecommunications network “Internet”, containing information, the distribution of which is prohibited in the Russian Federation” (together with the “Rules for the creation, formation and maintenance of a unified automated information system” Unified register of domain names, site page indexes in the information and telecommunications network “Internet” and network addresses that make it possible to identify sites on the information and telecommunications network “Internet” containing information whose distribution is prohibited in the Russian Federation”, “Rules for the adoption of decisions by authorized federal executive bodies of the Governm ent of the Russian Federation regarding certain types of information and material catches distributed through the information and telecommunication network “Internet”, the distribution of which is prohibited in the Russian Federation”). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_137077/92d969e26a4326c5d02fa79b8f9cf4994ee5633b/ (accessed 02/08/2022).
4. Decree of the Government of the Russian Federation of October 6, 2011 No. 1752-r (as amended on September 20, 2019) “On approval of the list of documents attached by the applicant to the application for registration (re-registration) of the mass media”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_120207/ (accessed 02/08/2022).
5. Draft Law No. 163384-8 On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” and the Civil Procedure Code of the Russian Federation (in terms of establishing a judicial procedure for restricting access to false information). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/163384-8 (accessed 02/08/2022).
6. Draft Law No. 1113081-7 On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” (in terms of restricting access to false information). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/1113081-7 (accessed 02/08/2022).
7. Clarifications on the procedure for applying clause 5.5 of the Rules for registering domain names in the RU and RF domains. [Electronic resource]. – Access mode: https://cctld.ru/domains/docs/5_5/ (accessed 02/08/2022).
8. Rules for registering domain names in .RU and. RF as amended on 11/07/2022. [Electronic resource]. – Access mode: https://cctld.ru/files/pdf/docs/rules_ru-rf.pdf (accessed 02/08/2022).
9. Memo to the telecom operator. Description of the process of obtaining unloading by communication operators. Memo version: 4.12 dated 02.02.2022. [Electronic resource]. – Access mode: https://vigruzki.rkn.gov.ru/docs/description_for_operators_actual.pdf (accessed 02/08/2022).
CONSTITUTIONAL LAW
SULAEV Ilyas
magister student of Constitutional and international law sub-faculty of the Dagestan State University
NIMATULAYEVA Ravzanat Abdulzagirovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
ON THE ISSUE OF THE MECHANISM OF CHECKS AND BALANCES IN THE SYSTEM OF SEPARATION OF POWERS OF THE SUBJECTS OF THE RUSSIAN FEDERATION
The article considers the system of checks and balances as the most important element of the regional system of separation of powers. The elements of the regional system of checks and balances in the Russian Federation are listed. There is a difference in the inclusion of certain eelements in the system of separation of powers of a particular entity.
Keywords: mechanism of checks and balances, system of separation of powers, subjects of the Russian Federation, theory of constitutional law, federal and regional legislation.
Reference bibliographic list
1. Gorobets V. D. Constitutional and legal status of the Parliament of the Russian Federation: Author. dis. … doc. jurisprudence – M., 2000.
2. Ishekov K. A. Some areas of parliamentary control: the level of subjects of the Russian Federation // Constitutional and municipal law. – 2010. – № 5.
3. Makoev A. V., Khamukov A. V. Institute of parliamentary control over executive power in the subjects of the Russian Federation // State power and local self-government. – 2005. – № 5.
4. Shabanov X. M., Gabneva S. M., Alibekov T. G. Interaction of the People’s Assembly of the Republic of Dagestan with other public authorities // Legal Bulletin of the DSU. – 2015. – № 2.
5. Makarov I. A. Legitimacy in the activities of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: author. dis. … cand. legal Sciences. – Voronezh, 2009.
6. Ishekov K. A. General principles of the organization of the judiciary in the constituent entities of the Russian Federation // Problems and defects in constitutional law and ways to eliminate them. – M., 2008.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
CHUIKO Anna Anatoljevna
student of the Crimean branch of the Russian State University of Justice
ON THE ISSUE OF REGISTRATION OF REFERENCE MEDICINES
The article examines the concept and essence of reference and orphan medicines in accordance with the provisions of Federal Law No. 61-FZ dated 12.04.2010 “On Circulation of medicines”, identifies the features of their state registration and the specifics of the procedure for obtaining a license for pharmaceutical activities, as well as existing problems. Based on the analysis carried out, the authors make their proposals for improving the regulatory regulation of the designated area and preventing the commission of offenses in the specified area of legal relations.
Keywords: reference medicinal product, orphan medicinal product, licensing of pharmaceutical activity.
Reference bibliographic list
1. Alekseeva O. L., Vorozhevich A. S., Grin E. S. et al. Intellectual Property Law: Textbook / Ed. ed. L. A. Novoselova. M.: Statut, 2019. Vol. 4: Patent law. [Electronic resource] // Access from the ConsultantPlus system.
2. Khokhlova V.V. Problems of legal regulation of the introduction of reference drugs into civil circulation. Obrazovanie i pravo. 2016. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-pravovogo-regulirovaniya-vvedeniya-v-grazhdanskiy-oborot-referentnyh-lekarstvennyh-preparatov (date of access: 02/16/2023).
3. Shchulkin A. V., Popova N. M., Chernykh I. V. Original and generic drugs: the current state of the problem // Science of the Young (Eruditio Juvenium). – 2016. – No. 2. – P. 30-35.
4. Evsikova E. V. Public liability: concept and features // Eurasian legal journal. – 2022. – No. 5 (168). – P. 131-132.
ADMINISTRATIVE LAW
KARIMOVA Gulnaz Yurisovna
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty of the Ufa Law Institute of the MIA of Russia
PREVENTION OF OFFENSES IN THE DOMESTIC SPHERE COMMITTED AGAINST WOMEN
The article discusses some issues in the field of prevention of problem of offenses in the family and household sphere against women that arise within the framework of law enforcement by authorized entities, primarily by internal affairs bodies represented by the district police commissioner. The reasons, conditions and classification of offenses in the family and household sphere against women are revealed. It is proposed to strengthen the activities of law enforcement agencies in the field of violence prevention, as well as interaction with other organizations in this area. The district commissioner of the police was asked to develop an algorithm of actions, the step-by-step execution of which will prevent violence in the family and household sphere.
Keywords: violence, family and household sphere, offense, district police commissioner, prevention.
Reference bibliographic list
1. Varygin A. N. Peculiarities of family crimes and their prevention // Bulletin of the Altai Academy of Economics and Law. – 2017. – No. 1. – P. 99-104.
2. Antakov S. M. Stockholm syndrome and the phenomenon of love for a rapist // Violence and non-violence: Philosophy, politics, ethics: Materials of the international. Internet conference, held May 15 – July 31, 2002 on the information and educational portal www.auditorium.ru: Sat. report; Institute “Open Society” (Reset Fund) – Russia; Institute of Philosophy RAS / Ed. R. G. Apresyan. – M.: Fund for Independent Broadcasting, 2003. – P. 146-149.
3. Decree of the Government of the Republic of Bashkortostan dated June 20, 2019 No. 625-r (On the establishment of the Republican Resource Center “Family”). – [Electronic resource]. – Access mode: https://mintrud.bashkortostan.ru/activity/15989/ (date of access: 16.02.2023).
ADMINISTRATIVE LAW
SEYFETDINOVA Ekaterina Irekovna
Ph.D. in Law, associate professor of Criminal law and special disciplines sub-faculty of the Moscow Humanitarian University
PROSPECTS FOR IMPROVING MIGRATION POLICY IN CRISIS CONDITIONS
There is a certain contradiction in the assessment of the current situation in the migration sphere. The leadership of the Ministry of Internal Affairs of Russia and the GUVM of the Ministry of Internal Affairs believe that they have made sufficient decisions to improve migration policy in crisis conditions, the situation has normalized, while Russian society and foreign citizens arriving in the Russian Federation for work need effective management in the field of migration. The immediate tasks of the state in the field of migration at the moment are: a) anti-corruption; b) regulation and control of migration flows; c) the formation of a mechanism for selective migration. The implementation of these tasks will lead to the minimization of corruption.
Keywords: migration policy, migrants, the Ministry of Internal Affairs of Russia and the Ministry of Internal Affairs of Russia, management efficiency, migrant crime, tension in society.
Reference bibliographic list
1. Sleptsova Yu. M., Galas M. L. Legal aspects of the formation of state migration policy in crisis situations. Humanities // Bulletin of the Financial University. – 2017. – No. 5 (29). – S. 24.
2. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation”.
3. Silantieva V. A. The concept of the state migration policy of the Russian Federation: content and implementation // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2020. – № 4. – S. 148.
4. Mokin K. S., Baryshnaya N. A. Migration policy of Russia: challenges and threats of the present // Actual problems of the present: science and society. – 2014. – No. 1 (2). – S. 8.
5. Ozerov I. N., Kataeva O. V., Ryapukhina I. A. Modernization of the migration policy of the Russian Federation // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (81). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modernizatsiya-migratsionnoy-politiki-rossiyskoy-federatsii (date of access: 01/12/2023).
6. Lyalyakin Yu. A. On the formation of a strategy for migration security of the Russian Federation // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (27). – P. 42.
7. Polyakova N. V. Migration registration of foreign citizens and stateless persons in the Russian Federation: problems and prospects of legal regulation // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2022. – № 2. – S. 239.
ADMINISTRATIVE LAW
FEDINA Lyubov Mikhaylovna
Ph.D. in law, lecturer of Special technical training sub-faculty of the North Caucasus Institute of advanced training (branch) of the Krasnodar University of the MIA of Russia, major of police
EXPERTISE AS AN ADDITIONAL LEGAL MECHANISM TO ENSURE THE PROPER EXECUTION OF THE CONTRACT
This article examines in detail each legal element of the proper performance of a contractual obligation, in the spectrum of the contract system for the supply of goods, performance of works and provision of services for state (municipal) needs. The author analyzes the provisions of the proper subject, the term of the contract, as well as the place and method of fulfilling the obligation. In this regard, the specific legal mechanism of expert evaluation of the performance of obligations as one of the innovations of the federal contract system in the field of procurement is highlighted. The author reveals the problematic issues of a practical nature related to the examination, and also pays special attention to the definition of the legal nature of this phenomenon.
Keywords: state contract, delivery of goods, fulfillment of obligations, expertise, performance of works, provision of services, municipal needs.
Reference bibliographic list
1. Federal Law of 05.04. No. 44-FZ “On contracting in the field of goods, works, for provision and municipal needs” // Collection of Legislation of the Russian Federation of March 14, 2022 No. 11. Art. 1596.
2. Decree of the Government of the Russian Federation of January 13, 2014 No. 19 “On establishing cases in which the price formula and the maximum value of the contract price are indicated when concluding a contract”// Collection of Legislation of the Russian Federation of January 20, 2014 No. 3 Art. 288
3. Gadzhiev N. G., Gadzhiev M. N. Organizational and methodological foundations for conducting an examination of the execution of a state contract // Bulletin of the Dagestan State University. Series 3: Social Sciences. 2019. No. 1. P. 6-14
4. Slepova V. V., Paulov P. A. Problems of participation of experts in procurement procedures // International Journal of the Humanities and Natural Sciences. 2019. No. 5-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-uchastiya-ekspertov-v-protsedurah-zakupki (date of access: 01/21/2023).
5. Aksenova E. S., Minat V. N. To the question of the examination of the quality of supplied goods, works, services to ensure state and municipal needs // Bulletin of the Ryazan State Agrotechnological University. P. A. Kostycheva. 2017. No. 2. P. 99-106.
ADMINISTRATIVE LAW
POPOVA Anastasia Alexandrovna
Ph.D. in Law, associate professor of Personnel support and personnel management in the internal affairs bodies sub-faculty of the All-Russian Institute for Advanced Training of Employees of the Internal Affairs Bodies of the MIA of Russia
KURILO Svetlana Nikolaevna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
QUESTIONS OF ADMINISTRATIVE RESPONSIBILITY PROVIDED FOR INSULT
The article gives the author’s definition of the concepts of “honor” and “dignity”. It is emphasized that it is the duty of the State to respect and protect the human right to honor and dignity. It is emphasized that the proceedings under Article 5.61 (insult) The Russian Federation Code of Administrative Offences No. 195-FZ of 30.12.2001 is initiated by the prosecutor. On the example of court proceedings, it is noted that the qualification of such an administrative offense as an insult is a complex process, which includes the analysis of the objective side and the identification of all the subjects of the insult. It explains what is commonly understood by an insult.
Keywords: insult, administrative offense, honor and dignity, indecent humiliation, trial.
Reference bibliographic list
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ4.
2. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ.
3. Badueva LN Topical issues and development vectors of modern philology. Petrozavodsk: ICNP “New Science”, 2021.
4. Loos E. V. Determining the amount of compensation for moral damage in case of encroachment on the honor and dignity of a person // Altai Legal Bulletin. 2020. No. 2 (30).
5. Popova A. A. Some issues of administrative liability for insulting // Bulletin of the VIPK Ministry of Internal Affairs of Russia. 2021. No. 4 (60).
CIVIL LAW
ASALIEV Gasan Arturovich
magister student of the 1st course of the Institute of Law of the Dagestan State University
SULEYMANOVA Saltanat Akhmedovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
PLEDGE OF CONSTRUCTION IN PROGRESS
The paper examines the debatable question of whether the object of construction in progress can be the subject of collateral. At the beginning of the article, the concept and signs of an object of construction in progress are defined. The analysis of the legislation and judicial practice of the Supreme Court of the Russian Federation on the problem under consideration is carried out. The authors conclude that the object of construction in progress, the rights to which are registered in the prescribed manner, may be the subject of pledge.
Keywords: construction in progress, real estate, state registration, pledge, subject of pledge, pledge creditor.
Reference bibliographic list
1. Evteev D. A. The concept and signs of objects of construction in progress // Young scientist. – 2021. – No. 53 (395). – P. 61-64.
2.Article-by-article commentary on the Civil Code of the Russian Federation, part one / Ed. P. V. Krasheninnikova. – M.: Statute, 2011. – 1326 p.
CIVIL LAW
AFANASKIN Pavel Vladimirovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia
CHERDAKOVA Larisa Anatoljevna
Ph.D. in Law, associate professor, Head of Civil law sub-faculty of the East Siberian branch of the Russian University of Justice
SHEVCHUK Elena Pavlovna
senior lecturer of Civil law sub-faculty of the East Siberian branch of the Russian University of Justice
PROBLEMS OF BRINGING MEDICAL ORGANIZATIONS TO PROPERTY LIABILITY IN THE FIELD OF MEDICAL SERVICES: CIVIL LAW ASPECT
The article states the possibility of applying the liability of the owner for the obligations of medical organizations (institutions) that are not owners of their property. The author notes that medical organizations can answer on their own, but a subsidiary defendant (the owner of the organization’s property) is involved in the trial as a co-respondent under the rules of civil law.
Keywords: medical institutions; civil liability; harm to health; property of the institution.
Reference bibliographic list
1. Maslova E. A., Aleksandrova A. L., Nekrylov V. A. Responsibility for the obligations of budgetary healthcare institutions // International Congress on Health Law of the CIS and Eastern Europe. – M., 2012. – P.118-120.
2. Kazantseva Yu. I., Tatarintseva I. A. Problems of proving poor-quality medical care within the framework of the law “On the Protection of Consumer Rights” // Verb of justice. – 2022.- No. 2 (28). – P. 43-49.
CIVIL LAW
BOYARSKAYA Yuliya Nikolaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Saratov State Law Academy
DIGITALIZATION IN THE FIELD OF TRANSPORT SERVICES (AIR TRANSPORTATION)
In the Russian Federation, the development and successful functioning of the transport sector is one of the priority areas of state policy. Digitalization and automation have had a significant impact on the development of the transport industry, in particular, this is reflected in the introduction of unmanned air transport. With the help of artificial intelligence technologies and robotics, highly automated aircraft for the transport of passengers and cargo have been created and, in some cases, are already in operation. However, today there is no detailed legal regulation of these relations, which, in turn, is one of the main deterrents to their development.
Keywords: unmanned aerial vehicle, artificial intelligence, highly automated transport, information technology.
Reference bibliographic list
1. Ananyeva A. A. Services of dispatching control of unmanned vehicles as a result of finding a balance between the digitalization of transport and other interests of a person, society and the state. practical conference, Moscow, June 03, 2021 / Russian State University of Justice. – Moscow: Russian State University of Justice, 2022. – P. 134-141.
2. Shkryabina A. E. Transformation of human potential: the impact of informal institutions // From knowledge synergy to business synergy: digital transformation: collection of articles and abstracts of the VII International scientific and practical conference of students, undergraduates and teachers, Omsk, March 30, 2020 / Omsk branch Non-state educational private institution of higher education “Moscow Financial and Industrial University “Synergy”. – Omsk: Limited Liability Company “Publishing Center KAN”, 2020. – P. 367-370.
CIVIL LAW
VAKHRUSHEV Leonid Alexandrovich
Ph.D. in Law, senior professor of Civil law sub-faculty of the V. F. Yakovlev Ural State Law University
PUBLIC INTEREST IN INTELLECTUAL LAW
The article deals with individual cases of intervention into the sphere of interests of the right holder by the state. It is shown that in exceptional cases compulsory license to the right holder with the payment of a commensurate payment without the right of ownership, expanding the scope of the proportional import design. The author is underlined direction of expanding the initiative that kind of intervention, the successive limitation of the distribution ofthe copyright holder in the public interest first of all.
Keywords: intellectual law, compulsory license, parallel imports, public interest, exhaustion.
Reference bibliographic list
1. Pavlova E. A., Kalyatin V. O., Korneev V. A. [et al.] Compensation as a measure of liability for violation of exclusive rights Part 1 // Journal of the Court for Intellectual Rights. – 2022. – No. 2 (36). – S. 152-190. – EDN TYAQSU.
2. Yakovlev VF Selected Works. T. 2: Civil law: history and modernity. Book. 2. – M.: Statute, 2012. – 351 p.
3. Vorozhevich A. S., Grin O. S., Korneev V. A. et al. Intellectual property law: textbook / Ed. ed. L. A. Novoselova. – M.: Statute, 2018. – V. 3: Means of individualization. – 432 p. // ATP ConsultantPlus.
CIVIL LAW
VOLOKHOVA Marina Borisovna
lecturer of Civil law and process sub-faculty of the Pskov branch of the Academy of Law and Management of the FPS of Russia
THE MAIN STAGES OF THE FORMATION AND DEVELOPMENT OF OPERATIONAL MANAGEMENT LAW
The article is dedicated to the concept of operational management law in historical retrospect. The author defines the main stages of formation and development of the institute of operational management law, provides characteristics of the historical situation in the development of the legal origins of the Institute of operational management law.
The methodological basis of the article consists of general theoretical principles and general scientific methods: historical, systemic, comparative legal.
The use of the historical method in the work makes it possible to study problematic issues of the legal nature of the law of operational management, as well as to analyze the legal mechanism of state participation in the civil turnover of property belonging to it.
Using the system method, the main directions of development of the institute of operational management law in the Soviet period are determined.
The comparative legal method was used in the framework of the study of the historical experience of the study sphere, the analysis of normative acts of Soviet legislation.
Keywords and phrases: the right of operational management; the right to state property, property law.
Literature
1. Koshelev F. P. Socialist property. Transcript of a public lecture delivered on November 27, 1946 at the House of Unions in Moscow. Moscow, 1947. 13 p.
2. Bratus S. N. Subjects of civil law. M., 1954. Pp. 238-241.
3. Civil Code of the RSFSR of October 31, 1922. [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=10512 (accessed: 12/21/2022).
4. On approval of the Regulations on state industrial trusts: decree of the Central Executive Committee of the USSR, Council of People’s Commissars of the USSR of June 29, 1927. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901829723 (date of reference: 12/21/2022).
5. Venediktov A. V. The legal nature of state enterprises. L., 1928. Pp. 80-81.
6. Martynov B. S. State trusts. M., 1924. Pp. 10–15.
7. The course of Soviet economic law / edited by L. Ginzburg and E. Pashukanis, M., 1935. Vol. 1. 180 p.
8. Ioffe O. S. Law and economic activity of socialist organizations. M., 1979. 50 p.
9. Venediktov A. V. State socialist property. M.-L., 1948. 338 p.
10. Venediktov A. V. State socialist property management bodies // Soviet State and law. 1940. No. 5. P. 6.
11. Civil Code of the RSFSR, 1964. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901868109 (date of application: 12/21/2022).
12. Fundamentals of Civil Legislation of the USSR and Union Republics, 1961. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902005994 (accessed: 12/21/2022).
13. Andreev V. K. Metamorphoses of property rights in Russia and in the USSR (1917-1992) // State and law. 1993. No. 3. P. 44.
14. Korneev S. M. The right of state socialist property in the USSR. M., 1964. Pp. 36-37.
15. Soviet Civil Law / ed.: V. A. Ryasentseva. M. : Legal literature, 1986. Vol. 1.342 p.
16. Sobchak A. A. Economic calculation and civil law problems of improving the economic mechanism: autoref. dis. … doct. jurid. sciences. Leningrad, 1982. [Electronic resource]. – Access mode: http://sobchak.org/rus/books/ref2/1.html (accessed: 12/21/2022).
17. Kalmykov Yu. Kh. Public property labor collective // Economy and law. 1988. No. 12. Pp. 56-60.
18. Fundamentals of Civil Legislation of the USSR and Union Republics, 1961. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901868109 (accessed: 12/21/2022).
CIVIL LAW
GABIBOVA Alina Ruslanovna
magister student of the 2nd course of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of Private and business law sub-faculty of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
CORPORATION AS AN OBJECT OF INHERITANCE CONTRACT
In this scientific article, the author considers one of the ways of transferring corporate rights and obligations within the framework of succession from the testator to the heir – the inheritance contract. The author says that, being a novelty in civil law, the inheritance contract has some controversial points regarding such an object of inheritance as a corporation. The provisions of Art. 1176 of the Civil Code of the Russian Federation, in view of which the following debatable issues have been identified. Debatable issues are the mandatory consent of other participants / founders of a corporate legal entity to transfer the rights and obligations of the testator in relation to the corporation to the heir, and in case of their refusal, the question of determining the actual value of the share in the corporation.
Keywords: inheritance contract, testator, heir, corporation, corporate rights and obligations, founders/participants of a corporate legal entity, entrepreneurial activity.
Reference bibliographic list
1. Glinshchikova T. V., Antun T. I. The role of the UNIDROIT principles of international commercial agreements in the regulation of cross-border commercial transactions // Humanitarian, socio-economic and social sciences. – 2021. – No. 4-2. – P. 48-50.
2. Zolotukhin D. G. Novelty of the Russian legislation — hereditary contract // Otechestvennaya jurisprudence. – 2018. – No. 7 (32). – S. 43-48.
3. Kamyshansky V. P. “On the legal essence of the inheritance contract” // Scientific and practical journal “Power of Law”. – No. 4 (44). – 2020. – P. 32-39.
4. Sitdikova L. B. Inheritance of corporate rights // Inheritance law. – 2019. – P. 56-61.
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF QUALIFICATION CHARACTERISTICS OF PARTICIPANTS IN THE FIELD OF PROCUREMENT THROUGH AN ELECTRONIC AUCTION
The process of placing a state order is very time-consuming, requiring a serious approach from specialists. A responsible and appropriate approach can be ensured only if a specialist in the field of procurement, and especially in the field of electronic procurement, has a certain set of skills, knowledge and abilities. This article raises the question of the need at the level of the law to consolidate the qualification characteristics of a specialist in the field of procurement conducted through an electronic auction.
Keywords: state order, procurement specialist, electronic auction, qualification characteristics.
Reference bibliographic list
1. Dadayan E. V., Storozheva A. N. To the question of the role of information technologies in solving problems of professional activity // Application of modern technologies in jurisprudence: topical issues of theory and practice. – Krasnoyarsk, 2021. – P. 28-31.
CIVIL 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»
THE CONCEPT AND TYPES OF DOMESTIC VIOLENCE
The article discusses the concept of domestic violence. The positions of scientists on the concept of violence have been studied. The types of violence are considered. The fight against criminal violence in modern conditions is one of the most significant tasks of any state. It is carried out by various means, including through the application of criminal law norms. At the same time, violence is characterized by a dualistic nature. It can manifest itself not only in physical form, but also be expressed in a psychological impact that has a destructive (destructive) effect on the personality.
Keywords: domestic violence, illegal behavior, physical violence, psychological violence, sexual violence, economic violence, victim.
Reference bibliographic list
1. Mukhanova E. D. Violence in the family: a social and legal problem // Science. Thought: electronic periodical. – 2017. – No. 4. – P. 144-149.
2. Pashchenko A. S. The concept of domestic violence // Theory and practice of social development. – 2015. – No. 1. – P. 46-48.
3. Salamova S. Ya. Domestic violence in modern Russia: general characteristics // Lex Russica. – 2018. – No. 9 (142). – P. 129-138.
4. Kolesova AS Types and forms of violence in the family // Law and order in modern society. – 2010. – № 2. – P. 203-210.
5. Gertel E. V. Types of mental violence // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2012. – No. 3 (46). – P. 16-20.
6. ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 13.02.2023).
7. Kellogg N. D. Sexual abuse // Reproductive health of children and adolescents. – 2015. – No. 6. – P. 62-79.
8. Kolesova AS Types and forms of violence in the family // Law and order in modern society. – 2010. – № 2. – P. 203-210.
9. Lafitskaya N. V. Sexual abuse of children in the parental family as a characteristic of modern society // Bulletin of the University of the Russian Academy of Education. – 2015. – № 2. – P. 25-28.
10. Tagirova M. I. Types of domestic violence in the Russian Federation and its consequences // Youth and the future: management of the economy and society. – 2020. – No. 1. – P. 250-253.
11. Decree of the Government of the Russian Federation of August 25, 2014 No. 1618-r on the approval of the Concept of State Family Policy in the Russian Federation for the period up to 2025 – [Electronic resource]. – Access mode: https://base.garant.ru/70727660/ (date of access: 02/13/2023).
CIVIL LAW
LUKMANOVA Irina Nikolaevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the All-Russian State University of Justice, branch in Sochi (RLA of the Ministry of Justice of Russia)
LEGAL FEATURES OF THE INHERITANCE AGREEMENT IN THE RUSSIAN FEDERATION
In the article, the author examines the norms of domestic legislation the governing inheritance agreement. The peculiarities in the procedure for conclusion, execution and termination of the inheritance agreement are considered. The dual nature of the inheritance agreement was determined and its differences from the will were revealed. It was concluded that the presence of a number of unresolved problems in the legal regulation of the inheritance agreement gives rise to certain problems in law enforcement practice.
Keywords: Inheritance, inheritance agreement, terms of the agreement, rights of heirs, rights of heirs.
Bibliography by article
1. Rudik I. E. Joint testament and hereditary contract as tools for planning the inheritance of spouses // Inheritance Law. – 2019. – No. 2. – P. 22-25.
2. Loginova K. Yu. Inheritance contract – legal mechanisms of application in the current legislation of the Russian Federation // Inheritance law. – 2019. – No. 1. – P. 12-15.
3. Osipov M. Yu. To the question of the civil law nature of the inheritance contract // Inheritance law. – 2019. – No. 2. – P. 15-17.
4. Altynbaeva L. M. On some aspects of changing the legislation on inheritance // Law and Law. – 2019. – No. 6. – P. 71-72.
5. Matveev I. V. Inheritance contract: foreign experience and prospects for appearance in the civil law of the Russian Federation // Russian justice. – 2015. – No. 1. – P. 6-9.
6. Fundamentals of inheritance law in Russia, Germany, France / ed. ed. E. Yu. Petrova. – M.: Statute, 2015. – 271 p.
7. Kuleeva I. Yu. Inheritance contract as an obligation in civil law // “Modern law”. – 2021. – No. 4. – P. 80-84.
8. Belootchenko E. A. Inheritance agreement as part of the reform of Russian inheritance law // Leningrad Journal of Law. – 2017. – No. 2 (48). – P. 122-130.
CIVIL LAW
MALYSHEV Sergey Yakovlevich
Ph.D. in Law, associate professor, associate professor of Economics and entrepreneurship sub-faculty of the Ufa University of Science and Technology
KISELYOV Nikolay Nikolaevich
Ph.D. in Law, associate professor, associate professor of Operational Investigative activity of the department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
THE SECRET OF PRODUCTION (KNOW-HOW) AND A STATE SECRET: QUESTIONS OF THEORY AND PRACTICE
The article discusses the main problems associated with determining the relationship between the secret of production (know-how) and the state secret. The authors investigated and tried to find solutions to the following questions: – can the secret of production (know-how) constitute a state secret or should the secret of production (know-how) be considered separately from the state secret; – is it possible to establish a secrecy regime with respect to information constituting a production secret (know-how), or is another confidentiality regime of information, including a commercial secrecy regime, established with respect to this information? A comparative analysis of regulatory legal acts regulating the issue of establishing a secrecy regime with respect to information constituting state secret, including the secret of production (know-how).
Keywords: trade secret regime, secrecy regime, confidentiality of information, state secret, production secret (know-how).
Reference bibliographic list
1. Reference information: “List of regulations relating information to the category of restricted access” (Material prepared by Consultant Plus specialists). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc (date of access: 12/15/2022).
2. Zanina T. M., Karavaev A. A. Evolution of legal regulation regarding confidential information in the Russian Federation // Administrative law and process. – 2015. – No. 6. – P. 81-86.
3. Stepanov E. A., Korneev I. K. Information security and information protection: Proc. allowance. – M.: INFRA-M, 2001. [Electronic resource]. – Access mode: https://refdb.ru/look/1397441-pall.html (date of access: 12/27/2022).
CIVIL LAW
NABIULLIN Eduard Fagimovich
postgraduate student of the University of Management «TISBI»
BANKRUPTCY AND SUBSIDIARY LIABILITY OF FOUNDERS AND DIRECTORS
In this article, the main problems of the application of the Federal Law “On Insolvency (Bankruptcy)” dated 10/26/2002 No. 127-FZ are studied and formulated, the issue of further bringing to subsidiary responsibility of persons controlling the organization (founders and director) is considered, statistics from official open sources are analyzed and disclosed, which reflects who exactly are the main initiators of this procedure ,the number of appeals for a certain period of time and the effectiveness of using such a mechanism to hold debtors accountable.
Keywords: legal entity, controlling persons, creditors, subsidiary liability of founders and directors, bankruptcy proceedings, register of creditors’ claims, bankruptcy trustee, challenging the debtor’s transactions.
Reference bibliographic list
1. Sereda I. M., Sereda A. G. The mechanism of legal regulation of relations arising in connection with bringing the persons controlling the debtor to liability in bankruptcy: monograph. Moscow: Statute, 2020. 112 p.
2. Dobrachev D. V. Problems of judicial practice of bringing to subsidiary liability the persons controlling the debtor in the bankruptcy procedure. Moscow: Infotropic Media, 2019. 172 p.
3. Enkova E. E., Ershova I. V. Legal regulation of bankruptcy. Textbook. Moscow: Prospekt, 2021. 720 p.
CIVIL LAW
PRISYAZHNYUK Yuliya Pavlovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Faculty of Law of the N. I. Lobachevsky Nizhny Novgorod National Research State University
MEDICO-PSYCHOLOGICAL PEDAGOGICAL COMMISSION AS A TOOL FOR REALIZING OF MINORS’ INTERESTS
The article outlines the problem of interpreting of minors’ interests in the light of their interaction with medico-psychological pedagogical commissions. The author draws attention to the difficulties that arise while minors are placed in special educational institutions, due to a gap in the legislation. The absence of a mechanism for compulsory examination of adolescents who have committed a crime by medico-psychological pedagogical commissions allows parents to prevent sending a child to special closed educational and rehabilitative institutions. Such actions are considered by the author in the aspect of improper performance by parents of their duties.
Keywords: interests of minors, rights and obligations of parents, medico-psychological pedagogical commissions, prevention of juvenile delinquency.
Reference bibliographic list
1. Bespalov Yu. F. Some issues of the implementation of family rights of the child (theory and practice). – Vladimir: Vladimir. state ped. un-t, 2001. – P. 123.
2. Ilyina O. Yu. The interests of the child in the family law of the Russian Federation. RAN. Institute of State and Law. – M.: Publishing house “Gorodets”, 2006. – P. 191.
3. Kobleva M. M. Legal status of minors placed in a special educational institution of a closed type of an education management body. Izvestiya VUZov. North Caucasian region. Social Sciences. – 2014. – No. 1. – P. 80.
4. Nechaeva A. M. The interests of the child as an object of family legal protection // State and law. – 2012. – No. 1. – P. 77.
5. Sholgina O. I. The interests of the child as an object of a family law dispute: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2011. – P. 28.
CIVIL LAW
SEFIKURBANOVA Radmila Mallakurbanovna
magister student of the 1st course of the Institute of Law of the Dagestan State University
GAYBATOVA Kurum Davudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
THE PROBLEM OF “DOUBLE SALES” IN SHARED CONSTRUCTION
The article examines the problem associated with the “double sales” of apartments in shared construction. “Double” is the sale of the same object under two or more contracts. The authors analyze the legislation and judicial practice that has developed in resolving such legal situations. The article concludes that the pre-emptive right to receive a property is recognized by the person who first registered the contract, and in the case when the data is not entered into the register – the person who first took possession or in whose favor the obligation arose earlier, and if this is not possible to establish, – the one who sued earlier.
Keywords: “double sale”, shared construction, participant in shared construction, contract for participation in shared construction, ownership, ownership, state registration, preemptive right.
Reference bibliographic list
1. Alekseev A. A. Problems of “double sale” of real estate objects // Baltic Humanitarian Journal. – 2021. – T. 10. – No. 4 (37). – P. 341-344.
2. Bubnova M. Fraud with the double sale of apartments // Housing Law. – 2018. -№ 7. – P. 13-22.
3. Kirina A. Double sale of real estate: problems of law enforcement // Housing law. – 2021. – No. 1. – P. 45-54.
CIVIL LAW
ISREPILOVA Lolita Ruslanovna
postgraduate student, profile “Civil law; Business law; Family Law; private international law”,
Law Institute of the North-Caucasian Federal University, Stavropol
LEGAL FICTION AND ITS ROLE IN THE FORMATION OF NORMATIVE BASES AND INFLUENCE ON THEIR APPLICATION
The author of the article gives an assessment of such a phenomenon in law as a legal fiction. The author, in addition to listing the properties, qualities, and parametric characteristics of the affected phenomenon, gives an assessment of its formation, as well as the impact on the formation and development of the regulatory framework. Assessing the aspect of such influence, it should be noted that legal fiction is a rather complex civilistic phenomenon designed to regulate relations by replacing true events with acceptable ones. In particular, in the course of the study, it was possible to form a number of features that distinguish the affected phenomenon from other phenomena similar to it in terms of parameters.
Keywords: rules of law, fiction, presumption, legal principle.
Reference bibliographic list
1. Ivliev P. V., Kondrashov S. V. The theory of legal fiction in the civil doctrine of Russia // Agrarian and land law. – 2022. – No. 8 (212). – P. 18-20.
2. Abdulkhannyanov I. A. Retrospective study of criminal law fiction in the norms of Russian Pravda // Modern science: forecasts, facts, development trends: Collection of materials of the XV International scientific and practical conference dedicated to the 60th anniversary of the Cheboksary Cooperative Institute (branch) of the Russian University cooperation, Cheboksary, January 31, 2022. – Cheboksary: Cheboksary Cooperative Institute (branch) of the autonomous non-profit educational organization of higher education of the Centrosoyuz of the Russian Federation “Russian University of Cooperation”, 2022. – P. 3-7.
3. Meyer D. I. “On legal fictions and assumptions, on hidden and feigned actions // Selected works on civil law. – M.: Tsentr Yurinform, 2003. – P. 66.
4. Dormidontov G. F. Classification of the phenomena of legal life, related to cases of the use of fiction. – M .: LLC “Izdat. House of V. Ema”, 2011. – P. 185.
5. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on April 16, 2022) // Collection of Legislation of the Russian Federation. 12/05/1994. No. 32. art. 3301.
6. Ozhegov S. I. Dictionary of the Russian language. Edition 17 stereotypical / Ed. N. Yu. Shvedova. – M., 1985.
7. Sitnikova AI Legislative fictions in criminal law // Journal of Applied Research. – 2022. – V. 5. No. 11. – P. 435-439.
CIVIL PROCESS
MOGILEVSKIY Grigoriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, associate professor of Civil law disciplines sub-faculty of the Siberian State University of Railway Engineering
TARASOV Yuriy Dmitrievich
Ph.D. in science psychologicals, Deputy Head of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, colonel of justice
PROCEDURAL FORMS OF PROTECTION OF THE RIGHTS OF MILITARY PERSONNEL TO HOUSING
Considering and disclosing the problematic issues of procedural forms of protection of housing rights of military personnel to housing, the publication sets out a legalized list of these rights, the essence of procedural forms of law protection, and also justifies the priority of judicial protection over other forms. At the same time, an attempt has been made to reveal the essence of the procedural activities of the military judicial bodies of the judicial system of the Russian Federation in considering the appeal of a serviceman to the competent courts in cases of violation of housing rights.
Keywords: military personnel, housing rights, problematic issues, procedural forms of protection of law, judicial form, priority, military authorities, officials, illegal actions (omissions), appeal, judicial procedure.
Reference bibliographic list
1. Mikhailova E. V. Procedural forms of protection of subjective civil rights, freedoms and legitimate interests in the Russian Federation (judicial and non-judicial). – M.: Prospekt, 2014. – P. 236.
2. Kobzeva N. S. Forms of protection of civil rights // Bulletin of the Magistracy. – 2016. – No. 10-1 (161). – P. 118-119.
3. Danilov E. P. Housing disputes under the new Housing Code of the Russian Federation: comments, practice, sample documents. – M.: Yurayt, 2017. – S. 74-79.
4. Zelenskaya L. A. Methods and forms of protection of the violated rights of citizens and legal entities. – Krasnodar: KubGAU, 2018. – P. 87.
CIVIL PROCESS
AFANASJEVA Nelli Vladimirovna
postgraduate student of Civil law and process sub-faculty of the M. M. Speransky Faculty of Law of the RANEPA under the President of the Russian Federation
COMPARATIVE ANALYSIS OF JUDICIAL REPRESENTATION IN THE ROMANO-GERMANIC AND ANGLO-SAXON SYSTEMS OF LAW
The article analyzes judicial representation in the Russian Federation and other countries, examines the features of the institution of judicial representation in different countries, gives several definitions of judicial representation from scientific doctrine. In addition, the question of the disadvantages and advantages of the institution of representation in the Russian Federation in comparison with other countries is considered, and the question of the need to borrow the experience of foreign law in relation to the domestic institute of representation is also raised.
Keywords: judicial representation, Anglo-Saxon system of law, Romano-Germanic system of law.
Reference bibliographic list
1. Dobrovolsky A. A. Representation in court // Soviet civil process / Ed. K. I. Komissarov, V. M. Semenova. – M.: Legal Literature, 1978. – P. 61
2. Salogubova E. V. Representation in court // Civil process: Textbook. – M., 2006. – S. 161
3. Tabak I. A. Representation in civil procedural law: new provisions. – Saratov: Publishing house “Scientific book”, 2008. – P. 62.
EMPLOYMENT LAW
TORMYSHEV Daniil Anatoljevich
student of the Institute of Training of Public Servants of the Academy of the FPS of Russia
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of Public Servants of the Academy of the FPS of Russia
WORKING CONDITIONS AND EMPLOYMENT OPPORTUNITIES FOR MINORS
This article is dedicated to the study of issues related to problematic issues of employment of minors. The study identifies the reasons for non-compliance with the working conditions provided for minors by the employer. The paper analyzes the problems of lack of jobs for minors, which, therefore, compare the possibility of employment. Questions are raised about the actions of state bodies in this area and about the organization of control over the actions of the employer in this area.
Keywords: labor legislation, labor, employment, labor of minors, working conditions, employment, employment contract.
Reference list:
1. Gessen V. Yu. Labor of children and adolescents in Russia from the 17th century to the October Revolution. T. 1. M-L., 1927. S. 31.
2. The labor movement of the 30-40s of the 19th century – History – Science – Catalog of articles – Ilya Vinshtein’s blog. – [Electronic resource]. – Access mode: https://www.winstein.org/publ/36-1-0-1638 (Accessed 02/15/2023).
3. Borenshtein A. L. Background legislation in the field of labor of minors in Russia since the nineteenth century. – [Electronic resource]. – Access mode: file:///C:/Users/Admin/Downloads/predposylki-stanovleniya-zakonodatelstva-v-oblasti-truda-nesovershennoletnih-v-rossii-v-xix-v.pdf (accessed 15.02.2023 .).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
IBRAKHIM Murat Mukhamad S.
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
Petrovskiy Vladislav Andreevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF THE DIVISION OF JOINT PROPERTY OF SPOUSES IN BANKRUPTCY
The process of judicial review of a citizen’s bankruptcy case perhaps complicated by the simultaneous occurrence of a case on the division of property between spouses. Often, during the bankruptcy procedure of a citizen, their spouses file an application to the court to initiate a dispute on the division of property. However, the requirements specified in such statements do not always correspond to the purpose of protecting the rights of one of the parties. In some cases, there is an abuse of the right to defense in court. Within the framework of this article, the issue related to the specifics of the division of the joint property of the spouse in bankruptcy will be considered in detail.
Keywords: bankruptcy, joint property of spouses, bankruptcy estate, abuse of the right.
Reference bibliographic list
1. Budylin S. L. We divide everything in half. Bankruptcy of citizens and family property in Russia and abroad // Bulletin of economic justice of the Russian Federation. – 2015. – № 4. – P. 90-126.
2. Kholodenko Yu. V., Berdnikov S. S. Changing the regime of property of spouses in bankruptcy proceedings // Semeynoe i zhilishchnoe pravo. – 2021. – No. 1. – P. 34-38.
3. Kudryavtseva L. V. Some aspects of the distribution of debts on a loan between spouses in the event of divorce // Bulletin of science and practice. – 2021. – V. 7. – No. 9. – S. 466 – 468.
4. Shishmareva T. P. The insolvency procedure of the common property of spouses in Russia and Germany: a comparative analysis // Family and housing law. – 2021. – No. 2. – P. 34-37.
FINANCIAL LAW
GRIGORJEV Igor Vladimirovich
magister student of the 2nd course of the Institute of Law of the North-Caucasian Federal University, Stavropol
DENIKAEVA Razela Nesyurovna
Ph.D. in economical sciences, associate professor, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the North-Caucasian Federal University, Stavropol
FINANCIAL AND LEGAL PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF CURRENCY REGULATION AND CONTROL IN RUSSIA UNDER SANCTIONS
The article analyzes the financial and legal problems and prospects for the development of currency regulation in Russia in order to ensure the economic security of the country under the conditions of sanctions pressure. Amendments to the law on currency regulation are also being considered as a method of strengthening the ruble exchange rate and reducing the outflow of funds abroad. The article outlines measures to reduce the administrative burden on residents and professional participants of foreign economic activity, as well as an analysis of currency control in the current geopolitical situation. The relevance of this study is due to the presence of high volumes of withdrawal of funds from the territory of Russia.
Keywords: currency regulation, currency control, foreign trade participants, sanctions, economic security.
Reference bibliographic list
1. Official website of the Federal Customs Service of the Russian Federation. – [Electronic resource]. – Access mode: https://customs.gov.ru/ (date of access: 05/04/2022).
2. Decree of the President of the Russian Federation No. 79 “On the application of special economic measures in connection with the unfriendly actions of the United States and foreign states and international organizations that have joined them.” – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/11/2023).
3. Decree of the President of the Russian Federation No. 81 dated March 1, 2022 (as amended on October 15, 2022) “On additional temporary economic measures to ensure the financial stability of the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/12/2023).
4. Code of the Russian Federation on Administrative Offenses “of December 30, 2001 No. 195-FZ (as amended on December 29, 2022) // Collection of Legislation of the Russian Federation. – 01.07.2002. – No. 1 (part 1). – Art. 1.
5. Information letter of the Bank of Russia dated 05.03.2022 No. IN-019-12/27 “On limiting transfers of resident individuals”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/13/2023).
6. “Extract from the minutes of the meeting of the subcommittee of the Government Commission for Control over Foreign Investments in the Russian Federation dated November 10, 2022 No. 106/1” (finished by the Russian Ministry of Finance on November 18, 2022 No. 05-06-10 / VN-59822). – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/13/2023).
7. Decree of March 1, 2022 No. 81 “On additional temporary economic measures to ensure the financial stability of the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/15/2023).
FINANCIAL LAW
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
VOLOBUEVA Violetta Konstantinovna
student of the I. T. Trubilin Kuban State Agrarian University
SAVCHENKO Alexander Romanovich
student of the I. T. Trubilin Kuban State Agrarian University
EFFICIENCY OF TAX BENEFITS
A feature of the Russian tax system is still the presence of a large number of benefits. The existing benefits are fixed not only in therelevant chapters of the Russian tax legislation, but also in the unchanged provisions of the law on certain types of taxation. Therefore, it is not always easy to determine the full list of benefits for any payment. The article examines the legislative concept of a tax benefit, its meaning is indicated. Also, examples of existing tax benefits are given. The effective and ineffective ones are identified, the criteria of inefficiency are considered. In conclusion, the electronic system “Efficiency of benefits” is considered as a solution to the problem of inefficiency.
Keywords: Tax Code, tax benefit, legislation, government, business, VAT, budget.
Reference bibliographic list
1. Kurdyuk P. M., Ochakovsky V. A. On the issue of improving the legal mechanism of tax benefits // In the book: Law and State: Problems of Methodology, Theory and History. Materials of the V All-Russian Scientific and Practical Conference. – 2016. – P. 36-39.
2. Kusakina N. V., Kurdyuk P. M., Ochakovsky V. A. Trends in the development of tax legislation in terms of granting tax benefits to taxpayers // Society and Law. – 2019. – No. 1 (67). – S. 146-149. – EDN NQMXMV.
3. Solodovnikova U. N., Ivanova P. Yu. The value of tax benefits for the state and individuals // Alley of Science. – 2018. – Vol. 2. – No. 5 (21). – P. 482-486.
4. Gromov V. V. Specificity and problems of tax incentives for small IT companies in Russia // Financial journal. – 2022. – № 1.
5. Bochkov V. S., Ochakovsky V. A., Chernov Yu. I. VAT on electronic services provided by foreign companies in the Russian Federation: practice, problems and solutions // Eurasian Law Journal. – 2019. – No. 12 (139). – P. 192-194.
6. Experts have compiled a list of unnecessary tax breaks. RBC.ru. [Electronic resource]. – Access mode: https://www.rbc.ru/economics/26/09/2017/59ca347f9a794740dac157e4.
7. Levaev L. A., Pichugina S. E., Yushko A. V. Competence of municipalities in the field of taxation // Eurasian legal journal. – 2022. – No. 1 (164). – P. 147-148.
8. Kurdyuk P. M., Ochakovsky V. A. On the issue of the use of dispositive principles in financial law // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-ispolzovanii-dispozitivnyh-nachal-v-finansovom-prave (date of access: 12/29/2022).
FINANCIAL LAW
SIKACH Artem Sergeevich
student of the 3rd course undergraduate of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ANTONYUK Lyudmila Alexandrovna
student of the 3rd course undergraduate of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
FINANCIAL CONTROL IN THE DIGITAL AGE
In this article, the authors conduct a thorough examination of financial control in the context of digitalization. To date, the digital world has entered the life of society and the state, thanks to expanded opportunities, it has now become easier for public authorities to carry out financial control. The role of digitalization in the implementation of financial control, as well as document flow in electronic format in the implementation of financial control is considered. Examples of foreign countries in the application of digitalization for financial activities are given. Approaches to the implementation of control in the financial and budgetary sphere are given. As a result of a full consideration of this topic, the problems, solutions and the corresponding conclusion are given.
Keywords: financial technologies, state financial control, digital economy, digitalization.
Reference bibliographic list
1. Domracheva L. P., Khachatryan A. B. Differences and similarities in approaches to the performance audit in the Russian Federation and Great Britain // Society. The science. Innovations (NPK-2018). Collection of articles XVIII All-Russian Scientific and Practical Conference: in 3 volumes. Volume 3. – Publisher: Vyatka State University (Kirov). – 2018. – No. 4. – S. 1782-1787
2. Zhuravleva M. A., Pipiya Yu. S. Improving the system of state financial control in the era of digitalization (based on the experience of foreign countries) // State financial control: from its origins to the present day. Collection of articles by participants of the X International Scientific Student Congress (ISSC), dedicated to the 100th anniversary of the Financial University. Edited by E. A Fedchenko. – 2019. – P. 144-150.
3. Izutova O. V. DigitalVaya transformation of financial control is an inevitable process // Journal of financial control and audit. Financial control. – 2022. – No. 3. – P. 1-10.
4. Isaev E. A. Approaches to the digitalization of control in the financial and budgetary sphere // Budget Journal. – 2019. – No. 5 (197). – P. 48-50.
5. Ilyin A. Yu., Moiseenko M. A. Legal doctrine of financial control // Financial law. – 2014. – № 4. – P. 14-23.
6. Prokudina A. P. Factors and prospects for the transformation of state financial control in the era of the digital economy // Young scientist. – 2020. – No. 46 (336). – P. 103-105.
7. Rastegaeva F. S., Danilova N. O. State financial control within the framework of the digital economy // Creative Economy. – 2020. – Volume 14. – No. 12. – P. 3201-3212.
8. Silantiev A. E. Internal state financial control in the context of digitalization of the economy // StudArctic forum. – No. 3 (11). – 2018. – P. 3.
9. Skifskaya A. L., Ignatiev V. A. Features of the state audit in Russia and the USA // Economics, business, innovations. – 2017. – P. 113-116.
10. Chernyshenko D. N. 69 regions joined the federal project “Platform of University Technological Entrepreneurship” // Byudzhet.ru. – [Electronic resource]. – Access mode: https://bujet.ru/article/450155.php?sphrase_id=24562065 (date of access: 06.10.2022).
11. Shokhin S. O., Voronina L. I. Budgetary and financial control and audit. Theory and practice of application in Russia. – M.: Finance and statistics, 1997. – P. 237.
FINANCIAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North-Caucasus branch of the Russian State University of Justice
LEGAL REGULATION OF STATE AND MUNICIPAL EXPENDITURES IN THE RUSSIAN FEDERATION
The article examines the legal foundations of state and municipal expenditures in the Russian Federation as a category of financial law. The article considers some problems of legal regulation of state and municipal expenditures as an element of the country’s budget system. The main approaches to the definition of the concept and legal essence of state and municipal expenditures are analyzed. On the basis of the analyzed legislative and theoretical provisions, the author’s concept of state and municipal expenditures is formulated from the standpoint of financial law.
Keywords: financial law, budget system, budget expenditures, state (municipal) expenditures, public expenditures.
Reference bibliographic list
1. Astafurov N.V. Legal regulation of state and municipal expenses in the Russian Federation: Author. dis. … cand. legal Sciences. M., 2009.
2. Barykin E. A. Organizational and legal framework for the implementation of the principle of efficiency of public spending in the Russian Federation: Author. dis. … cand. legal Sciences. M., 2011.
3. Gracheva E. Yu., Sokolova E. D. Financial law: textbook. M., 2021. S. 204.
4. Zemlyanskaya N. I. Public expenses as a concept of financial and legal science // Bulletin of the O. E. Kutafin University. 2017. No. 8 (36). C. 49-51.
5. Ibragimova E. S., Selimkhanova M. U. Forms of reducing the level of the budget deficit // International Journal of Applied Sciences and Technologies “Integral”. 2020. No. 5. P. 283.
6. Mayorova E. I., Khrolenkova L. V. Financial law: textbook. M., 2020. S. 85.
7. Mokhnatkina L. B., Yudina O. I. Economic and legal nature and signs of classification of expenditure obligations of public legal education // Intellect. Innovation. Investments. 2016. No. 4. C. 24-26
8. Tsyrenzhapov Ch. D. Legal foundations of state and municipal expenses in the Russian Federation: author. dis. … cand. legal Sciences. Omsk, 2005.
FINANCIAL LAW
OCHAKOVSKIY Viktor Aleksandrovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GOLUBETS Leonid Sergeevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
KHARCHENKO Dmitriy Andreevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF THE IMPLEMENTATION OF FUNCTIONS BY PUBLIC AUTHORITIES IN THE CONDITIONS OF A MORATORIUM ON CONTROL INSPECTIONS
The authors analyze the resolution adopted by the Government of the Russian Federation, temporarily imposing a ban on control and supervisory measures. A legal assessment of the mechanisms introduced is given. Also, the authors compared the institute of tax monitoring with the current legal regime of control inspections, proposed a possible way ofdevelopment of tax monitoring. Proposals to improve the current legislation in the field of control and supervisory measures are defined.
Keywords: moratorium, conducting inspections, control and supervisory measures, tax audits.
Reference bibliographic list
1. Who and how can check a business in 2022. [Electronic resource]. – Access mode: https://www.klerk.ru/blogs/moedelo/533713/ (Date of access: 11/28/2022)
2. Agababyan V. E. Tax control as an element of tax administration in the Russian Federation // Polimatis. – 2018. – No. 9. – P. 13-18. – EDN YNUJBE.
3. Moratorium on Small Business Inspections in 2022: Extending the ban on routine inspections for businesses. [Electronic resource]. – Access mode: https://secrets.tinkoff.ru/voprosy-answer/moratorij-na-proverki/ (Date of access: 11/29/2022)
4. How is the small business verification process going in 2022 -Kontur.Extern. [Electronic resource]. – Access mode: https://www.kontur-extern.ru/info/25321-proverki_malogo_biznesa (Date of access: 11/20/2022)
5. Arutyunyan P. E., Ochakovsky V. A., Zimireva A. G. The principle of justice in tax law and its implementation // Eurasian legal journal. – 2021. – No. 12 (163). – S. 291-293. – EDN KSKIPG.
6. Ochakovsky V. A., Gritsai D. V., Balashov E. M. Tax monitoring: problems and development prospects // Eurasian legal journal. – 2022. – No. 1 (164). – S. 230-231. – EDN DQFIPE.
7. Ochakovsky V. A., Arkhireeva A. S. On the issue of conducting control measures by the Central Bank of the Russian Federation // Administrative legislation and practice of its application: state, trends, efficiency: Proceedings of the All-Russian Scientific and Practical Conference, Krasnodar, June 10, 2020 of the year. – Krasnodar: Limited Liability Company “Publishing House – South”, 2020. – P. 204-207. – EDN EILVIE.
8. Popova A. R., Ochakovsky V. A. Prospects for the development of tax monitoring in the Russian Federation // Eurasian legal journal. – 2020. – No. 11 (150). – S. 203-204. – EDN TNKAKY.
BUSINESS LAW
ZUBKOVA Mariya Nikolaevna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Institute of Law of the Samara State Economic University
BATALOV Ramil Evgenjevich
postgraduate student of the Institute of Law of the Samara State Economic University
REPLACEMENT OF DEBTOR’S ASSETS IN THE EXTERNAL MANAGEMENT PROCE-DURE
The article examines the issues of applying to the debtor in the course of external management such a measure of restoring solvency as asset substitution. The content of this measure, the procedure, conditions for the introduction and implementation, as well as possible consequences for the debtor as a result of its application are considered. The powers of creditors and management bodies of the debtor in connection with the application of this rehabilitation measure have been studied. The positive and negative consequences of asset substitution are highlighted. The issues unresolved in the legislation are indicated.
Keywords: transportation contract, transportation of energy resources.
Reference bibliographic list
1. Guryleva K. I. Abuse of rights when replacing the debtor’s assets. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&ts=ICFOBVT9bPzqYUx4&cacheid=5A3E6AB09C37A377CEC4EC928173191C&mode=splus&rnd=J4i3A&base=CJI&n=136546# QPbFRVTyuf4iKks02
2. Shishmareva T. P. Substitution of assets and sale of the debtor’s enterprise as legal means of sanitation. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&ts=ICFOBVT9bPzqYUx4&cacheid=5A3E6AB09C37A377CEC4EC928173191C&mode=splus&rnd=J4i3A&base=CJI& n=134870#nKn5RVTakGF04zHT1
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ON THE ISSUE OF THE NUMBER OF THOSE CONVICTED OF THEFT IN THE MEDIUM TERM
The difficult socio-economic situation in the country in the late 90s and early 2000s led to an increase in the number of crimes committed in the country, especially against property. Theft has truly become a popular article of the Criminal Code of the Russian Federation. However, the policy pursuedby the head of state and the government of the Russian Federation made it possible to stabilize the situation with the growth of crime, and the humanization and liberalization of criminal and penitentiary legislation reduced both the total number of convicts and those convicted of theft. This article presents a forecast of the number of those convicted for committing secret theft of other people’s property, built on the basis of statistical information on the activities of the courts of the Russian Federation for 2003-2009 and 2016-2021.
Keywords: theft, humanization of criminal policy, population forecast.
Reference bibliographic list
1. Judicial Department at the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/18/2022).
2. Extrapolation – distribution of conclusions obtained from observation of one part of the phenomenon to another part of it. Great Russian Encyclopedia. In 35 volumes. Moscow: Great Russian Encyclopedia. Under the general editorship of S. L. Kravets, 2013.
3. R. M. Zhilyaev, V. B. Pervozvansky, Yu. and long-term perspective – until 12/15/2018. Analytical material. – M.: FKU NII FSIN of Russia, 2016. – 20 p.
CRIMINAL LAW
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
BONDARENKO Sergey Vyacheslavovich
Ph.D. in Law, associate professor, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
ZHUKOVA Angelina Vladimirovna
student of the 5th course of the Samara State University of Economics
TO THE QUESTION OF THE NEED FOR CHANGES OF A CRIMINAL-LEGAL NATURE TO COMBAT THEFT FROM ELECTRONIC MONEY
In the presented article, the authors pay attention to the issues of combating theft using electronic means of payment. In particular, the paper examines the validity of the amendments proposed by the legislator to the Criminal Code of the Russian Federation. The article discusses and comments on the opinion of experts and the Supreme Court of the Russian Federation on this topic. Some critical comments were made that were not taken into account when making the changes under study.
Keywords: theft, theft, fraud, electronic means of payment.
Reference bibliographic list
1. Markova E. A. Criminal and legal characteristics of theft committed using electronic means of payment: dis. … cand. legal Sciences: 12.00.08. – St. Petersburg., 2021. – S. 23.
2. Korobeev AI Criminal punishability of socially dangerous acts. – Khabarovsk, 1986. – S. 36-37.
3. Klenova T. V. On the distinction between related and competing offenses (on the example of fraud) // Criminal Justice. – 2014. – No. 1. – P. 25-30.
4. Gaukhman L. D. Fraud: novelties of criminal law // Criminal law. – 2013. – No. 3. – P. 25-27.
5. Russkevich E. A. Differentiation of responsibility for crimes committed with the use of information and communication technologies and problems of their qualification. legal Sciences. – Moscow, 2020. – P. 7.
CRIMINAL LAW
VELIKANOVA Lyudmila Petrovna
Ph.D. in medical sciences, professor, Head of Narcology, psychotherapy and jurisprudence sub-faculty of the Astrakhan State Medical University
KHRAMOVA Irina Sergeevna
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the V. N. Tatishchev Astrakhan State University
LEGAL ASPECTS OF THE INTRODUCTION INTO LAW ENFORCEMENT PRACTICE OF MEDICAL CRITERIA FOR THE DEGREE OF INTOXICATION OF A PERSON WHO COMMITTED AN UNLAWFUL ACT
The article presents the forms of manifestation of the degree of intoxication and characterizes its signs in the context of the possibilities of application in the practical activities of law enforcement agencies in order to form a gradation of responsibility for committing offenses while intoxicated. The necessity of introducing legal structures that allow taking into account the degree of intoxication when determining the responsibility of the offender, in relation to those structures that provide for a “fork” of punishment, is substantiated.
Keywords: alcohol intoxication, degree of intoxication, liability, offense while intoxicated.
Reference bibliographic list
1. Afanasyev M. V. Criminal liability for violation of traffic rules and operation of vehicles by a person in a state of intoxication. Abstract dis. … cand. legal Sciences. M., 2015.
2. Babnov AS Criminal liability for crimes committed while intoxicated. Abstract dis. … cand. legal Sciences. Saratov, 2002.
3. Portnov A. A., Pyatnitskaya I. N. Clinic of alcoholism. M.: Book on Demand, 2013.
4. Kozarenko Yu. I. The state of intoxication: criminal law and criminological aspects. Abstract dis. … cand. legal Sciences. Nizhny Novgorod, 2015.
5. Yurov G. A. Prevention of crimes committed while intoxicated. Abstract dis. … cand. legal Sciences. Ryazan, 2007.
CRIMINAL LAW
ZHUKOVA Anastasia Igorevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
SHEVCHENKO Sergey Vyacheslavovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF REGULATION AND PRACTICE OF APPLICATION OF ARTICLE 238 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
In modern market conditions, some business entities are trying to increase their profits by reducing the cost of manufacturing products. The use of cheap raw materials in the production entails the appearance on the consumer market of goods that do not meet safety requirements, as well as the provision of services that threaten the health and life of the population. In 1999, Article 238 was introduced into the Criminal Code of the Russian Federation, providing for liability for the production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements. At the same time, today there are many problems associated with the qualification of criminal acts under Art. 238 of the Criminal Code of the Russian Federation, which will be analyzed in this article.
Keywords: goods, products, services, quality, responsibility.
Reference bibliographic list
1. Kravchenko R. M. Criteria for delimitation of Art. Art. 11.10 and 14.4 of the Code of Administrative Offenses of the Russian Federation and Art. 238 of the Criminal Code of the Russian Federation // Russian investigator. – 2018. – No. 4. – P. 47.
2. Rybnikova Yu. D. On the issue of interpretation and implementation of article 238 of the Criminal Code of the Russian Federation // MNSK-2019. State and law. Materials of the 57th International Scientific Student Conference, Novosibirsk, April 14-19, 2019. – Novosibirsk: Novosibirsk National Research State University, 2019. – P. 317.
3. Tyumentseva A. A. Problems of qualification Part 1 tbsp. 238 of the Criminal Code of the Russian Federation // Legal science in the XXI century. Collection of scientific articles on the results of the eighth international round table, Shakhty, November 30, 2018. – Mines: Limited Liability Company “KOVERT”, 2018. – P. 57.
4. Yakimenko N.M. Assessment of the insignificance of the act: Proc. allowance. – Volgograd: Publishing House of the Higher School of the Ministry of Internal Affairs of the USSR, 1987. – S. 28.
CRIMINAL LAW
KAPITSA Vyacheslav Stanislavovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
KAPITSA Tatyana Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
PROBLEMS OF SENTENCING TAKING INTO ACCOUNT CIRCUMSTANCES MITIGATING PUNISHMENT
The article deals with modern problems of the theory and practice of applying the criminal law. The authors make an attempt to analyze law enforcement practice on the issue of courts taking into account mitigating circumstances when sentencing. Among other things, the article draws attention to the controversial issue of the obligation of the courts to recognize the presence of young children in the perpetrator as a mandatory criterion for mitigating punishment, in cases where the perpetrator has young children.
Keywords: assignment of punishment, circumstances mitigating punishment, perpetrator with minor children, a minor, a dependent child.
Reference bibliographic list
1. Serkov P. P. Mitigating and aggravating circumstances as meansand ensuring the individualization of punishment // Abstract of the thesis. dis. … cand. legal Sciences. – Moscow, 2003. – P. 3.
2. Malinin V. B., Izmalkov V. A. Actual problems of criminal, penal law and criminalistics // Bulletin of the Samara Humanitarian Academy. Series “Right”. – Samara, 2016. – No. 1-2 (18). – P. 164-172.
3. Kruglikov LL Legal nature of mitigating and aggravating circumstances / / Criminal law. – 1999. – No. 4. – P. 12.
4. Rozenko S. V., Devitsyna V. A. Problems of imposing a criminal penalty in the presence of circumstances mitigating the punishment // Bulletin of the Yugorsk State University. – 2017. – Issue 1 (44). – P. 109-112.
5. Official website of the Supreme Court of the Russian Federation // Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the 4th quarter of 2006. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/practice/15071/.
CRIMINAL LAW
MAGOMEDOV Magomed Magomedovich
magister student of the 2nd year of study of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia, Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ON THE EFFECTIVENESS OF THE APPLICATION OF EXEMPTION FROM CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF ECONOMY
The article analyzes the content of the norm providing for exemption from criminal liability in cases of crimes in the field of economic activity (Article 76.1 of the Criminal Code of the Russian Federation). Examines the legal and technical inaccuracies of the existing version of the article, and examines the law enforcement prospects. The purpose of the article is to disclose the issues of applying the exemption from criminal liability for economic crimes.
Keywords: criminal liability, economic crime, combating economic crimes, exemption from criminal liability, object of criminal encroachment.
Reference bibliographic list
1. Dzhindzholiya R. S., Borovikov V. B. Russian criminal law. In 2 parts. A common part. Educational visual aid (diagrams). – M.: Prometheus. 2018. – 158 p.
2. Zvecharovsky I. E., Bimbinov A. A., Bozhenok S. A., Gracheva Yu. V. Criminal law of the Russian Federation. Special part. Textbook / Ed. Zvecharovsky I. E. – M .: Prospect. 2020. – 688 p.
3. Kapinus O. S. Criminal law of Russia. Special part in 2 volumes. Volume 2. Textbook for academic undergraduate studies. – M.: Yurait. 2017. – 504 p.
CRIMINAL LAW
NAZAROVA Nadezhda Leontjevna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Faculty of Law of the N. I. Lobachevskiy Nizhny Novgorod State University
BOLSHAKOV Alexander Sergeevich
student of the 3rd course of the Faculty of Law of the N. I. Lobachevsky Nizhny Novgorod State University
APPLICATION OF ARTICLES 210, 210.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: THEORY AND PRACTICE
The article was prepared based on the results of a study of scientific publications and forensic investigative practice. The article analyzes various approaches to understanding the subject of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation. The issues of interpretation of the objective side of the crime provided for in Article 210.1 of the Criminal Code of the Russian Federation of both theoretical and practical nature are considered.
The criteria for determining the person occupying the highest position in the criminal hierarchy in the science of criminal law and judicial practice are considered. The authors come to conclusions about the terminological uncertainty of this definition, as well as the insufficiency of the normative interpretation of the note to Article 210 of the Criminal Code of the Russian Federation. The results obtained determine the degree of favorability of the implementation of the analyzed criminal law norms.
Keywords: criminal community, criminal hierarchy, occupation of the highest position, competition of norms, organization of entrepreneurial activity.
Reference bibliographic list
1. Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996 (as amended on December 25, 2022).
2. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // Collection of Legislation of the Russian Federation of July 5, 2021 – No. 27 (Part II). – Art. 5351.
3. DecreeDecree of the Plenum of the Supreme Court of the Russian Federation dated 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). – [Electronic resource]. – Access mode: Access from SPS “ConsultantPlus”.
4. Kapinus O. S. Signs of a criminal community (criminal organization) in the context of a new note to Art. 210 of the Criminal Code of the Russian Federation // Journal of Russian Law. – 2020. – № 9.
5. Karmanovsky M. S., Kosyanenko E. V. Responsibility for the acts provided for by articles 210 and 2101 of the Criminal Code of the Russian Federation // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – № 2 (82).
6. Kondratyuk E. V. Judicial criminological examination of the occupation of the highest position in the criminal hierarchy // Vector of Science TSU. Series: Legal Sciences. – 2021. – No. 329.
7. Muravyov S. I. Actual problems of regulation of criminal responsibility for occupying a higher position in the criminal hierarchy and ways to overcome them // Issues of Russian justice. – 2019. – № 3.
8. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80000 words and phraseological expressions / Russian Academy of Sciences. Institute of the Russian Language. V. V. Vinogradova. – 4th ed., supplemented. – M.: Azbukovnik, 1999.
9. Pantyukhina I. V., Larina L. Yu. Problems of regulation and application of the criminal law providing for responsibility for occupying the highest position in the criminal hierarchy (Article 210.1 of the Criminal Code of the Russian Federation) // LEX RUSSIA. – Volume 73. – No. 10. – 2020.
10. Topilskaya E. V. On the features of the offenses provided for by articles 210 and 210.1 of the Criminal Code of the Russian Federation // Kriminalist. – 2020. – № 2.
11. Novozhilov S. S. The highest position in the criminal hierarchy: problems of application of part 4 of article 210 and article 210.1. Criminal Code of the Russian Federation // Legal Research. – 2022. – № 4.
CRIMINAL LAW
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Alexey Vadimovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia
KUROCHKIN Boris Nikiforovich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Trans-Urals
RAPE: DETERMINING THE SUBJECTIVE FEATURES OF THE CRIME
The article deals with the issue of determining the subjective side of the composition of rape. This topic is actualized by the fact that today’s Russian society has shattered moral foundations in terms of sexual relations, this is caused by the legalization of same-sex relationships in international practice, the ease of access of “immature minds” to obscene content materials and the mass distribution of pornography, pedophilia, as well as other forms of “moral freedom of the individual”. The illegal act considered in this article has a high level of latency due to the “everyday” nature of the commission, as well as the difficulties of further qualification, investigation and proof of guilt in the commission of this type of crime. It is concluded that in the structure of the subjective side of the composition of this criminal act are the defining and most significant moments.
Keywords: rape, subjective side, victim, conflict, personality, moral principles, sexual freedom.
Reference bibliographic list
1. Galiakbarov R. R. How to qualify murders and rapes committed in a group way // Russian Justice. – 2000. – № 10.
2. On judicial practice in cases of rape: Resolution of the Plenum of the Supreme Court of the Russian Federation of April 22, 1992 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 21.01.2023).
3. Skorchenko P. T. Rape investigation. – Moscow: Bylina, 2004.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
GORSHKOVA Natalya Andreevna
Ph.D. in Law, Deputy Head of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia, lieutenant colonel of internal srevice
FEATURES OF LEGISLATIVE AND JUDICIAL PENALIZATION OF ACTIONS, CONSTITUTING EXCESS OF OFFICIAL AUTHORITY UNDER ART. 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article is devoted to the consideration of the implementation of legislative and judicial types of penalization of abuse of office. The types and sizes of punishment established in the sanctions of the norms included in Art. 286 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation), in the retrospective and modern aspects of legislative and law enforcement activities.
Keywords: types of punishment; the amount of punishment; legal penalization; judicial penalty; excess of authority.
Reference bibliographic list
1. Amosova A. A. Differentiation of criminal liability for taking a bribe and penalization of this encroachment – the “criminal paradox” of a civilized society / A. A. Amosova // Russian investigator. – 2021. – No. 5. – S. 42-46.
2. The case of torture convicted in a prison hospital near Saratov. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (date of access: 01/15/2023).
3. On amendments to the Criminal Code of the Russian Federation: [feder. Law of July 14, 2022 No. 307-FZ] // Collection of Legislation of the Russian Federation. – 2022. – No. 29 (part III). – Art. 5274.
4. Rastoropov S. V. To the question of the concept and legal nature of probation // Man: crime and punishment. – 2013. – No. 4 (83). – P. 13-16.
5. Simbagaev S.-M. R. Fine as a type of criminal punishment: problems of legislative regulation and practice of application: dis. … cand. legal Sciences. – Grozny, 2022. – 236 p.
6. Judicial Department under the Supreme Court of the Russian Federation [Official site]. Report on the types of punishment for the most serious crime (excluding addition) for 12 months 2019 – 12 months 2021 (Form 10.3). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=4894 (date of access: 01/15/2023).
7. Judicial Department under the Supreme Court of the Russian Federation [Official site]. Report on the terms of imprisonment and the amount of fines (attachment to the report of form No. 10.3) for 12 months of 2019 – 12 months of 2021 (Form 10.3.1). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=4894 (date of access: 01/15/2023).
CRIMINAL LAW
RUDIK Mikhail Viktorovich
Ph.D. in Law, senior lecturer, associate professor of Criminal law and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
TOROPOV Sergey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
CRIMINAL-LEGAL AND CRIMINALISTIC ASPECTS OF RELATIONSHIP OF THE SUBJECT TO A FIREARM
The article contains the author’s analysis of certain regulatory legal provisions of the Federal Law “On Weapons”, concerning the disclosure of the concepts of the components of firearms, cases of making changes to them in order to change the technical characteristics and increase the damaging properties . A behavioral algorithm of interested parties is defined, which is implemented by the latter in order to resolve controversial issues in the qualification of acts for the alteration of firearms.
Keywords: firearms, main parts of the weapon, drilling of the bore, alteration, change in characteristics.
Reference bibliographic list
1. Federal Law “On Weapons” // “Rossiyskaya Gazeta” of December 18, 1996 – No. 241.
2. Ignatov A. N., Toropov S. A. Tactical features of the appointment and production of expertise for crimes of a terrorist nature and extremist orientation in conditions of social tension // Humanitarian, socio-economic and social sciences. – 2022. – № 4. – P. 118-121.
3. What is the “Paradox” and why is it good: JSC “Kalashnikov Concern”. [Electronic resource] – Access mode: https://kalashnikov.media/blog/chto-takoe-paradoks-i-chem-on-khorosh (date of access: 02/01/2023).
4. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection of Legislation of the Russian Federation of June 17, 1996 No. 25 Art. 2954.
5. 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.
6. Decree of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 (as amended on June 11, 2019) “On judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices” // Bulletin of the Supreme Court of the Russian Federation, May 2002 -No. 5.
7. Toropov S. A. Preliminary studies of traces of ballistic origin at the scene of terrorist incidents // In the book: Countering extremism and terrorism in the Crimean Federal District: problems of theory and practice. – Crimea, 2015. – P. 311-318.
8. Lukashik A. O., Predein P. Yu. Characteristics of the object and objective signs of a crime under article 223 of the Criminal Code of the Russian Federation (illegal manufacture of weapons) – Text: direct // Young scientist. – 2022. – No. 42 (437). – S. 138-142. – [Electronic resource]. – Access mode: https://moluch.ru/archive/437/95673/.
CRIMINAL LAW
SAFONOV Andrey Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research training sub-faculty of the Research Complex of Forensic Examination of the V. Ya. Kikot Moscow University of the MIA of Russia
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
THE CONTENT OF THE MECHANISM AND THE SITUATION OF THE COMMISSION OF CRIMES COMMITTED IN CERTAIN TYPES OF TRANSPORT (WATER, AIR, RAIL)
The level of transport security is determined by the level of both ordinary crime and the degree of possible terrorist threats. The State is expected to carry out tough preventive measures. So, after the events of 04/05/2017, the corresponding Decree of the Government of the Russian Federation No. 495 dated 04/26/2017 came into effect in the St. Petersburg metro, which tightens the requirements for anti-terrorist protection of transport infrastructure facilities, especially railway, as well as aviation and shipping. Currently, the definition of criminalistic characteristics as a system of information about typical signs and properties of a crime in their interrelation, which serves to advance and verify investigative versions, as well as to solve other tasks of criminal investigation, has become the most widespread. One of the elements of the criminalistic characteristics of the crime is the mechanism and the situation of the commission of the crime.
Keywords: crime situation, crime, transport, theft of property, investigation, investigator.
Reference bibliographic list
1. Belkin R. S. Forensic Encyclopedia. M.: BEK, 1997. S. 217.
2. Gribunov O. P. The situation of committing crimes as a key element of the forensic characteristics of crimes committed in the railway transport // Bulletin of the Tula State University. Economics and jurisprudence. 2013. No. 5-2. P. 61.
3. Berestnev M. A. Golovin A. Yu. Methods of investigating robbery attacks on highways. Moscow: Yurlitinform, 2012. P. 12.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
INDIVIDUAL ISSUES OF THE OPERATION OF THE CRIMINAL LAW IN SPACE
The article analyzes some aspects of the operation of the Criminal Code of the Russian Federation on the territory of the Donetsk People’s Republic, Luhansk People’s Republic, Zaporozhye and Kherson regions. The study was conducted taking into account historical experience, the principles of the Criminal Code of the Russian Federation in the space under Article 12 of the Criminal Code of the Russian Federation, as well as the provisions of legislative initiatives. Separate issues of establishing criminality and punishability of acts committed in these territories before September 30, 2022 are considered.
Keywords: crime, punishment, conviction, real principle, national interests.
Reference bibliographic list
1. Vinokurov, VN Object of crime: theory, legislation, practice. – M.: Yurlitinform, 2010. – 224 p.
2. Khlebushkin A. G. Interest as a subject of constitutional and legal relations protected by the norms of chapter 29 of the Criminal Code of the Russian Federation // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2012. – No. 3 (29). – P. 57-61.
3. Estrin A. Ya. Criminal law S.S.S.R. and R.S.F.S.R .. – 2nd ed., Rev. and additional – M.: Yuridich. publishing house N.K.Yu. R.S.F.S.R., 1929 (L.). – 93 p. [Electronic resource]. – Access mode: https://search.rsl.ru/ru/record/01009254758. (Accessed: 01/18/2023).
4. Molchanov, D. M. The principle of justice and the operation of the criminal law in space // Bulletin of the University named after O. E. Kutafin (MSLA). – 2018. – No. 12 (52). – S. 95-104.
CRIMINAL LAW
KHRENOVA Larisa Mikhaylovna
senior investigator with the MIA of Russia for the city of Pereslavl-Zalessky
PROBLEMS OF DETERMINING THE SUBJECT OF A CRIME UNDER ARTICLE 231 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
In this article, the author discusses the actual problems of determining the subject of a crime under Article 231 of the Criminal Code of the Russian Federation “Illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors”, as well as ways to solve them. The main features of the subject of the crime under this article and the current state of crime related to drug trafficking are given.
Keywords: subject of crime, illicit cultivation, narcotic drugs, psychotropic substances, precursors, illicit trafficking, drugs.
Reference bibliographic list
1. Dineka V. I., Zhabsky V. A., Denisenko M. V. The subject of a crime in criminal law // Scientific works of the Russian Academy of Advocacy and Notariat. – 2022. – No. 1 (64). – P. 40-47.
CRIMINAL LAW
SHAGALIEV Khaidar Danisovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ULYBIN Vladislav Sergeevich
master of the Higher School of Information and Social Technologies of the Ufa State Petroleum Technical University
STUDNEV Alexander Sergeevich
senior lecturer of Internal affairs in the department of internal affairs sub-faculty of the Krasnodar University of the MIA of Russia
PRACTICAL ASPECT OF INTERPRETATION OF THE NOTE TO ARTICLE 222 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses the practical aspects of the application of the note to Article 222 of the Criminal Code of the Russian Federation during operational search measures for the detection and seizure of illegally stored firearms and items and related substances prohibited in free civil circulation. When conducting operational search activities and when registering their results, a situation arises when the person against whom the event was held and from whom the weapon was seized, respectively, believes that he gave it out voluntarily, despite the fact that illegal storage was carried out before the start of search activities by police officers and the extradition was forced.
Keywords: operational search measures for the seizure of weapons from illicit trafficking, illegal arms trafficking, voluntary issuance of illegally stored weapons, public inspection of premises.
Reference bibliographic list
1. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on December 29, 2022) // Consultant Plus SPS (accessed on January 25, 2023).
2. Federal Law “On operational-search activity” dated August 12, 1995 No. 144-FZ (as amended on December 29, 2022) // ConsultantPlus SPS (accessed on January 25, 2023).
3. Ragulin I. Yu. Organization of a preliminary check of the report on the illegal circulation of weapons and ammunition // Scientific journal of KubGAU. – 2014. – No. 96. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-predvaritelnoy-proverki-soobscheniya-o-nezakonnom-oborote-oruzhiya-i-boepripasov-1 (date of access: 01/30/2023).
4. Decree of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 No. 5 (as amended on June 11, 2019) “On judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices”. – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 25.01.2023).
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ZHILYAEV Rustam Mukhamedovich
Ph.D. in Law, Head of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of Execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Research Institute of the Federal Penitentiary Service of Russia
ON THE ISSUE OF FORECASTING THE NUMBER OF CONVICTS FOR ILLEGAL ACTIONS WITH NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES FOR THE PERIOD UP TO 2030
An analysis of statistical data showed that tens of thousands of citizens are brought to criminal responsibility every year for committing illegal actions with narcotic drugs and psychotropic substances. The number of the considered category of convicts changes annually, sometimes upwards, sometimes downwards, which cannot but affect the activities of both the penitentiary services and other law enforcement agencies. This article presents an approximate forecast of the number of people convicted of crimes related to drug trafficking for the period up to 2030, which was compiled on the basis of statistical data for previous periods – 2003-2021.
Keywords: convicted for illegal actions with narcotic drugs and psychotropic substances, population forecast for the period up to 2030.
Reference bibliographic list
1. Judicial Department at the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/18/2022).
2. Antipov A. N. Characteristics of convicts as of 06/01/2013. Analytical material. – M.: FKU NII FSIN of Russia, 2013. – 40 p.
3. Extrapolation – distribution of conclusions obtained from observation of one part of the phenomenon to another part of it. Great Russian Encyclopedia. In 35 volumes. – M.: Great Russian Encyclopedia. Under the general editorship of S. L. Kravets, 2013.
CRIMINAL LAW
KHALILOVA Diana Zainulayevna
magister student of the 2nd course of the Institute of Law of the Dagestan State University
ORGANIZED GROUPS AND CRIMINAL COMMUNITIES AS MAJOR SUPPLIERS OF NARCOTIC DRUGS
The article analyzes such forms of stable criminal groups as an organized group and a criminal community and their impact on the prevalence of drug trafficking in the Russian Federation. The report on the illegal drug trade in Russia, which was compiled for the United Nations Office for Drug Control and Crime Prevention (UNIDCCP), is analyzed, which also highlights the influence of organized groups and criminal communities on the distribution of narcotic drugs in the country.
Keywords: organized group, criminal community, narcotic drugs, illicit drug trafficking, stable group of persons.
Reference bibliographic list
1. Musaev A. N., Sbirunov P. N., Tselinsky B. P. Counteraction to illegal drug trafficking: textbook. – Moscow: All-Russian Research Institute of the Ministry of Internal Affairs of Russia, 2015.
2. Romanova L. I. Drug crime: price, characteristics, struggle policy. – Moscow: Yurlitinform, 2010.
3. Osipov G. L. Dental maintenance for the consumption of narcotic drugs or psychotropic substances: criminal law and criminological aspects: abstract of dis. … cand. legal Sciences: 12.00.08. – Moscow, 2012.
CRIMINAL LAW
KAYKO Evgeniya Pavlovna
magister student of the 1st course of the degree in the field of study 40.04.01 “Jurisprudence” of the Vladivostok State University
ON THE EFFECTIVENESS OF THE USE OF COERCIVE MEASURES OF EDUCATIONAL INFLUENCE
The article discusses the effectiveness of the use of coercive measures of educational influence on a minor. When passing on a minor, the court is obliged to consider and resolve the issue of the possibility of releasing the minor defendant from punishment and applying coercive measures of educational influence to him. In this connection, it is urgent to increase the effectiveness of the application of such measures. The author examines each compulsory measure of educational influence, analyzes the effectiveness of their application in practice and identifies legislative gaps in their regulation. In this connection, ways of improving legislation are proposed to increase the expediency of applying these measures and achieving the goal of correcting a minor without imposing punishment.
Keywords: minors, compulsory measures of educational influence, effectiveness, prevention, transfer to the supervision of parents or persons replacing them, or a specialized state body, assignment of the obligation to make amends for the harm caused, restriction of leisure and establishment of special requirements for the behavior of a minor, placement in a special educational institution of a closed type.
Reference bibliographic list
1. Mikhailova T. N. The principle of the special position of a minor in the framework of criminal proceedings in Russia // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 115-128.
2. Nikolyuk V. V. Sending convicted juveniles to a special educational institution of a closed type: a paradigm shift in the legislative structure // Justice. – 2019. – No. 2. – S. 206-224.
CRIMINAL LAW
SHIKHBABAEV Robert Huseynovich
magister student of the 2nd year of study of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of the Criminal procedure sub-faculty of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
CRIMES COMMITTED IN THE HEALTHCARE SYSTEM BY MEDICAL WORKERS: THE CONCEPT, SIGNS AND APPROACHES IN THE THEORY OF CRIMINAL LAW IN RUSSIA
Recently, there has been an increase in crimes committed by medical professionals who may allow harm to health or even death of a person. A serious problem is that at the moment this issue is not regulated in the Criminal Code of the Russian Federation. This leads to the fact that the latency of these crimes is very high. It is also necessary to point out the lack of official statistics in the field of health.
Keywords: medical workers, crime, iatrogenic crime, the subject of the crime, medical care, medical secrecy, medicines.
Reference bibliographic list
1. Brainin Ya. M. Criminal law and its application. Moscow: Yurlit, 1967.
2. Rustambaev M. Kh. The course of criminal law of the Republic of Uzbekistan: in 5 volumes. Special part. T. 3: Crimes against the person. Crimes against peace and security: a textbook for universities. Tashkent: Ukutuvchi. 2019.
3. Kravchenko R. M. On the issue of criminal law assessment of poor-quality medical intervention // Russian investigator. 2017. No. 13. P. 27-31.
4. Nikitina I. O. Crimes in the field of healthcare (legislation, legal analysis, qualifications, causes and prevention measures): Dis. … cand. legal Sciences. N. Novgorod, 2018. P. 78.
5. Shevchuk E. P. “Medical error” and “accident” in the obligation to compensate for harm in the provision of medical services // Siberian Legal Bulletin. 2012. No. 2. P. 89.
6. Buchik O. V. Consolidation of the right to health care in the constitutions of the CIS countries. Local network SOUNB them. Belinsky. [Electronic resource]. – Access mode: http://book.uraic.ru/ (date of access: 11/14/2022).
7. Commentary on the Criminal Code of the Russian Federation / Ed. A. E. Zhalinsky. M.: Norma, 2021. Text: electronic // Yurayt: [electronic-bibl. system]. [Electronic resource]. – Access mode: https://www.biblio-online.ru/bcode/437011/ (date of access: 11/20/2022).
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
CHIGRINA Olesya Ruslanovna
postgraduate student of the University of the Prosecutor’s Office of the Russian Federation
LEGAL AND MEDICAL ASPECTS OF EXPEDIENCY ESTABLISHMENT OF LIABILITY FOR IMPROPER PROVISION PATIENT CARE
Professional medical activity, along with the successful treatment of a patient, does not exclude the objectively inherent probability of the onset of negative final results of his examination, diagnosis, and treatment. Even in cases of correct, adequate and timely preventive, therapeutic, diagnostic and medical rehabilitation measures, a complication of the underlying disease or an individual pathophysiological reaction of the body is possible. It is quite difficult to identify the permanent cause of defects in the provision of medical care (iatrogenia) due to various circumstances of an objective and subjective nature. It is even more difficult to offer a comprehensive consistent viable solution that would minimize the likelihood of repeated iatrogenic recurrence. Many medical healthcare institutions adhere to a strict internal disciplinary policy, which, as a rule, creates a hostile environment in relation to the individual, the phenomenon of collective (general collective) responsibility. Most often, this leads to the fact that the staff simply does not dare to report their omissions and errors, and even more so, to present them to the general “court”. Removing the concept of improper provision of medical care to a patient in the form of medical errors and omissions from the system of law is completely unacceptable, since it can overshadow the goal of preventing and eliminating the causes and consequences of medical iatrogenies. Meanwhile, it is well known that medical errors and omissions, regardless of the nomenclature, usuallyarise due to the coincidence of many contributing factors that must be classified in the most careful way.
Keywords: improper provision of medical care, medical error, iatrogenic crimes, expediency of criminal liability, causes and other determinants of medical omissions
Reference bibliographic list
1. Alshevsky VV Forensic medical examination of harm to health in modern criminal proceedings. – M., 2014. – S. 8-9 and others.
2. Singh H., Nike A. D., Rao R., Petersen L. A. Reducing diagnostic errors through effective communication: harnessing the power of information technology // J Gen Intern Med. – 2008. – April. – No. 23 (4). – S. 489-494.
3. Singch Ch., Schiff G. D., Graber M. L. et al. Global time of diagnostic errors in primary health care // BMJ Qual Saf. – 2017. – June. – P. 484-494.
4. Tilburg S. M., Leistikou I. P., Rademaker S. M. Analysis of refusals in the provision of medical care and their consequences // Qual Saf Health Care. – 2006. – February. – P. 58-63.
5. What is more dangerous – a doctor who made a mistake, or a society devouring doctors // Medical Russia. – 2018. – February 2.
CRIMINAL LAW
ULYANOV Anton Sergeevich
competitor of the University of the Prosecutor’s Office of the Russian Federation
THE MECHANISM OF REPLACEMENT OF CRIMINAL PENALTIES AND THE CONDITIONS OF ITS EFFECTIVENESS: THE FORMULATION OF THE QUESTION
The article deals with the issue of the functioning of the mechanism of replacement of criminal penalties. The author focuses on the conditions of the effectiveness of its implementation. As a result of the work done, such conditions include: the construction of the order of criminal penalties and the presence of the necessary links between them.
Keywords: criminal punishment, system, interaction of punishments, substitution, additional punishment.
Reference bibliographic list
1. Dyadkin D.S. On the problem of formalizing the system of punishments // Russian investigator. 2006. No. 8. P. 46-49.
2. Zhukov A. V. Substitution of punishment in the criminal law of Russia: dis. … cand. legal Sciences. Samara, 2002. P. 4-5.
CRIMINAL PROCESS
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
MEDVEDEVA Inna Nikolaevna
senior researcher of the Department for the Study of the Problems of employment of Convicts and economic problems of the functioning of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Research Institute of the FPS of Russia
ON THE QUESTION OF CHARACTERISTICS OF PERSONS IN RELATION TO WHICH ALTERNATIVE TO DETENTION MEASURES OF PRECAUTION ARE CHOSEN
The humanization of the criminal policy of combating crime pursued in the Russian Federation has led to a significant reduction in the number of persons taken into custody, mainly due to the wider use by inquiry, investigation and court of preventive measures that are alternative to detention ( prohibition of certain actions, bail and house arrest). On the one hand, this circumstance has been seen as extremely positive, but on the other hand, the increase in the number of persons against whom preventive measures have been chosen that do not provide for complete isolation from society, registered with penitentiary inspections, has led to a number of difficulties of both a legal and organizational nature. Based on the study of statistical reporting forms, the authors of the article compiled a description (portrait) of these categories of offenders.
Keywords: reventive measures, prohibition of certain actions, bail, house arrest, suspects and accused, characteristics.
Reference bibliographic list
1. Ovchinnikov Yu. G. House arrest as a measure of restraint in criminal proceedings: Dis. … cand. legal Sciences. – Omsk, 2006. – 209 p.
2. Report of the Federal Penitentiary Service of Russia “Results of the activities of institutions, bodies and enterprises of the penitentiary system. Section 15. Information on the activities of penitentiary inspections” for 2022 [Electronic resource]. – Access mode: SPS “Statistics of the penal system” (date of access: 23.01.2023).
3. Pervozvansky V. B. On the composition of convicts as a system-destroying factor // Vedomosti UIS. – 2015. – No.9 (160). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-sostave-osuzhdennyh-kak-sistemorazrushayuschem-faktore (date of access: 03.02.2023).
CRIMINAL PROCESS
DOROSINSKAYA Anna Mikhaylovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
PROBLEMS OF LEGAL REGULATION OF THE CONCLUSION OF A PRE-JUDICIAL AGREEMENT ON COOPERATION IN THE IMPLEMENTATION OF PROCEEDINGS IN CRIMINAL CASES
A pre-trial agreement on cooperation, as a criminal procedure institution, undoubtedly has positive aspects of its application in the detection, investigation and proof of crimes. The considered “deal with the investigation” plays an important role in the fight against crime. Of no small importance when considering this institution is the saving of state resources and funds associated with the reduction of the time of pre-trial investigation and trial. However, the application of a pre-trial cooperation agreement also has problematic aspects that arise during its implementation, the elimination of which would ensure the implementation of the basic principle of criminal procedure law – legality, thereby ensuring the protection of the rights and freedoms of participants in criminal proceedings, both from the side of the defense and from the side of the prosecution.
Keywords: pre-trial agreement on cooperation, investigator, prosecutor, court, accused, petition, decision.
Reference bibliographic list
1. Gadzhiramazanov P. K., Karibova K. N. On the procedural function of the investigator in the modern criminal process // Law and Law. – 2021. – No. 1. – P. 109-111.
2. Loshkobanova Ya. V. Modern problems of establishing circumstances significant for a criminal case when concluding a pre-trial agreement on cooperation // Legal Bulletin of Samara University. – 2019. – V. 5. – No. 4. – S. 91-98.
3. Sorokina I. A. On some issues of regulation of fundamental rights and freedoms of a person in respect of whom a criminal case is separated into a separate proceeding in connection with the conclusion of a pre-trial agreement on cooperation with him // News of the Tula State University. Economic and legal sciences. – 2021. – No. 1. – P. 127-131.
4. Balyasnikova N. D. Problems arising from the conclusion of a pre-trial agreement on cooperation at the pre-trial stages of criminal proceedings // Generation of the future: the view of young scientists – 2021: collection of scientific articles of the 10th International Youth Scientific Conference, Kursk, November 11–12, 2021 of the year. – Kursk: Southwestern State University, 2021. – P. 19-21.
5. Shadrin V. S., Bulatov B. B. Features of obtaining, evaluating and using the testimony of a person interrogated in a criminal case as an accomplice // Actual problems of Russian law. – 2021. – No. 2 (123). – P. 102-111.
6. Apostolova N. N. The special procedure for making a court decision when concluding a pre-trial cooperation agreement needs to be improved // Ros. judge. – 2018. – No. 1 (41). – P. 149-156.
7. Travnikov A. V. Criminal procedural problems that arise when concluding, changing and terminating a pre-trial agreement on cooperation in criminal cases on terrorist crimes // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (80). – P. 108-113.
CRIMINAL PROCESS
KURILKINA Olga Alexandrovna
Ph.D. in Law, Head of Branch legal disciplines sub-faculty of the A. R. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE), associate professor of Theory of state and law sub-faculty of the Rostov Law Institute of the MIA of Russia
PONOMARENKO Sergey Ivanovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. R. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
SHOGENOV Timur Mukhamedovich
Ph.D. in economical 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
PUBLIC DANGER OF VIOLATIONS OF FIRE SAFETY RULES: A HISTORICAL ASPECT
The article deals with topical issues related to the public danger of violations of fire safety rules. The authors analyze not only criminal legislation, but other federal laws that contain the definition of fire safety. In addition, the work pays attention to the historical and doctrinal consideration of this institution.
Keywords: public danger, materialdamage, criminal liability, fire safety rules, injury to health, fire.
Reference bibliographic list
1. Karelin K. V. Administrative and legal status of the state fire supervision of the Russian Federation: dis. … cand. legal Sciences. – Saratov, 2016. – P. 105.
2. Shiryaev N. Moscow fires in the eighteenth century. – St. Petersburg, 1893. – S. 938.
CRIMINAL PROCESS
LATYPOV Vadim Sagityanovich
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE THEORETICAL MODEL OF ASSISTANCE TO THE ADMINISTRATION OF JUSTICE IN THE CRIMINAL PROCESS OF RUSSIA
In order to ensure an equal adversarial criminal process in Russia, it is not enough to implement only the basic criminal procedural functions. In the article, the author drew attention to and conducted a study of a new, neutral in relation to the main criminal procedural functions – the function of assistance to justice, which is not currently reflected in the current procedural legislation and has not had proper research in the theory of criminal procedural law. The article presents the results of the developed theoretical model of assistance to justice in the criminal process of Russia, which defines the role and significance of this function in the system of criminal procedural functions, identifies its general and particular features.
Keywords: competitiveness; function; assistance to justice; criminal process; equality; concept; legal relations.
Reference bibliographic list
1. Harutyunyan A. A. Mediation in the criminal process: author. dis. … cand. legal Sciences. – Moscow, 2012.
2. Girko S. I. Criminal procedural functions of the police (theoretical, legal and applied problems): author. dis. … doc. legal Sciences. – Moscow, 2004.
3. Zheltobryukhov S.P. On the need to abolish the institution of witnesses // Russian justice. – 2018. – № 2.
4. Zabuga E. E. Mediation as an alternative form of criminal prosecution of minors: author. dis. … cand. legal Sciences. – Omsk, 2014.
5. Larin A. M. Investigation in a criminal case: procedural functions. – Moscow, 1986.
6. Latypov V. S. Assistance by other participants in criminal proceedings, provided for by Chapter 8 of the Code of Criminal Procedure of the Russian Federation: monograph. – Moscow: Yurlitinform, 2018.
7. Latypov V.S. Assistance to justice as an independent criminal procedural function // All-Russian criminological journal. – 2021. – Vol. 15. – No. 6.
8. Mikhailov A. Institute of witnesses – the archaism of Russian criminal justice // Legitimacy. – 2003. – № 4.
9. Motovilovker Ya. O. Basic criminal procedural functions. – Yaroslavl, 1976.
10. Tarasov A. A. Models of justice: a set of typographic features and procedural details // Models of justice: a collection of scientific articles. Series: Law of Russia: new approaches. Issue 4. – Saratov: Scientific book, 2008.
11. Tomin V. T. On the contradictions between the right of citizens and society to information about criminal proceedings and the right to protect privacy // Legal technique and problems of differentiation of responsibility in criminal law and process: Sat. scientific Art. – Yaroslavl, 1999.
12. Chebotareva I. Yu. Criminal procedural function of control in the hierarchical system of other competing functions carried out by officials of state bodies in pre-trial proceedings: dis. … cand. legal Sciences. – Chelyabinsk, 2016.
13. Shirkin A. A. Mediation as a direction for the development of the institution of reconciliation in the criminal process of the Russian Federation: author. dis. … cand. legal Sciences. – Lyubertsy, 2015.
CRIMINAL PROCESS
MANSUROVA Nina Kamiljevna
magister student of the 2nd year of study of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of the Criminal procedure sub-faculty of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF CONDUCTING A PRELIMINARY INVESTIGATION IN THE CONTEXT OF A PANDEMIC
In 2020, the whole world was covered by a pandemic caused by the spread of the SARS-CoV-2 coronavirus. An outbreak of the virus was first recorded in Wuhan, China, in December 2019. Restrictions have been imposed in Russia all year and this has affected all spheres of human life, including the legal side. The article is devoted to the peculiarities of the preliminary investigation during the pandemic. The author investigates the methods proposed in the scientific literature for resolvingatic issues, and also formulated the author’s proposals for the problem of improving the criminal procedure legislation in accordance with the requirements of the new objective reality.
Keywords: pandemic, investigative actions, procedural powers, videoconferencing, investigative actions, “remote” criminal proceedings.
Reference bibliographic list
1. Arkhipova E. A. The use of video conferencing in criminal proceedings in Russia and foreign countries: a comparative legal study: abstract of dis. … cand. legal Sciences. – M., 2013. – P. 30.
2. Vetrila E. V. Russian Criminal Proceedings in a Pandemic: Problems and Prospects // Eurasian Law Journal. – 2020. – No. 4 (143). – P. 348-350.
3. Latypov V.S. Is the Code of Criminal Procedure applicable in Russia in a pandemic? (In the context of the involvement and participation of persons providing assistance) // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (88). – P. 78.
4. Matinov S. G., Reshetov E. V., Matinova Z. G. Investigation and consideration of criminal cases in a pandemic // Science and education: economy and economy; entrepreneurship; law and management. – 2020. – No. 7 (122). – P. 107.
5. Rodivilina V. A. Procedural features of the use of technical means at the stage of preliminary investigation: Abstract of the thesis. … cand. legal Sciences. – Irkutsk, 2016. – P. 26.
6. Press release of the Federation Council of the Russian Federation: “A. Kutepov suggested giving investigators the right to interrogate victims and experts remotely.” “Official website of the Federation Council of the Russian Federation”. [Electronic resource]. – Access mode: https://council.gov.ru/events/news/120972 (date of access: 02.11.2022).
CRIMINAL PROCESS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute оf the Academy of the FPS of Russia
FEATURES OF THE TACTICS OF PREPARING MATERIALS FOR THE APPOINTMENT AND CONDUCT OF FORENSIC EXAMINATIONS DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article discusses the specifics of the tactics of appointment and conduct of forensic examination during the investigation of a crime related to illicit trafficking of narcotic drugs and psychotropic substances in a penitentiary institution of the Russian penal system. Specific tactical features (techniques and recommendations) for the preparation of objects and traces during the detection of narcotic drugs and psychotropic substances in correctional institutions are proposed, separate forensic examinations for this category of criminal cases are recommended.
Keywords: narcotic drug, psychotropic substance, illicit trafficking, peculiarity, forensic examination, penitentiary institution.
Reference bibliographic list
1. Bodyakov V. N., Kiselev A. V. Tactical and forensic support for the detection, fixation and seizure of narcotic drugs and psychotropic substances in pre-trial detention centers and correctional institutions: pract. allowance. – Vladimir: VUI FSIN of Russia, 2012. – 48 p.
CRIMINAL PROCESS
NOVOZHILOVA Oxana Sergeevna
postgraduate student of Criminal process law sub-faculty of the Russian State University of Justice (RSUP)
POSITION AND PROCEDURAL POWERS OF THE DEFENSE COUNSEL IN CASES OF WORK WITH MINORS
The author of the article gives an assessment of the legal position of the defense counsel in the criminal process, provided that it is a matter of protecting a minor. The article gives a brief description of the essence of such a situation, as well as some of its features. Among the issues raised in the study, the main one was the one that provides for the refusal of a defense counsel by a minor, provided that the lawyer does not properly fulfill the duties assigned to him. Moreover, the author, analyzing the logic of the legislator, tries to identify the main features that contribute to the correctness of such a refusal, and also raises the issue of legal standardization of the criminal law if such actions can lead to infringement of the rights of a minor. In support of the conclusions drawn, the author gives examples of the development of legislative logic, which is inherent in doctrinal ideas about the correctness of the legal regulation of the affected relations.
Keywords: lawyer, defender, minor, status, investigation, recusal.
Reference bibliographic list
1. Kuznetsova S. M. Organizational and legal aspects of the participation of lawyers in criminallegal proceedings and their role in reforming the criminal procedural legislation // Actual problems of science and practice: Collection of scientific papers based on the results of scientific and representative events, Khabarovsk, November 15, 2019 – November 27, 2020. Volume Issue 5. – Khabarovsk: Far Eastern Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 110-115.
2. Yumadilov BG Lawyer as a subject of human rights activities in the Russian Federation. Specialty 12.00.11 “Judicial activities, prosecutorial activities, human rights and law enforcement activities: a dissertation for the degree of candidate of legal sciences. 2022. – Moscow, 147 p.
3. The Criminal Code of the Russian Federation of 06/13/1996 No. 63-FZ (as amended on 12/29/2022) // Collection of Legislation of the Russian Federation. 06/17/1996. No. 25. Art. 2954.
4. Fomin D.S. On the issue of the relationship between the concepts of “judicial protection” and “judicial protection of minors” // StudNet. – 2022. – V. 5. No. 6. – S. 25-28.
5. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on December 29, 2022) (as amended and supplemented, effective from January 11, 2023) // Collected Legislation of the Russian Federation. 12/24/2001. No. 52 (part I). Art. 4921.
6. Advocacy in Russia: a textbook for universities / Ed. ed. V. I. Sergeev. 5th ed., revised. and additional – M.: Yustitsinform, 2019. 548 p.
7. Ulanov V. V., Misnik I. V. To the question of the legal status of a minor at the stages of criminal proceedings // Russian investigator. 2017. No. 23. P. 34-36.
8. Turanin V. Yu., Fedorova R. R. The role of a lawyer in criminal proceedings for minors // Problems of scientific thought. – 2022. – V. 7. No. 2. – P. 117-120.
9. Romanov E. A. Protection of the rights of minors by means of prosecutorial supervision // Actual problems of law, economics and management, Stavropol, December 02, 2019. – Stavropol: Publishing house “AGRUS”, 2019. – P. 605-614.
CRIMINAL PROCESS
TELIGISOVA Sofya Sarmanovna
Ph.D. in pedagogical sciences, associate professor of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TO THE QUESTION OF THE PROBLEMATIC ASPECTS OF THE INTERACTION OF THE INVESTIGATIVE BODIES WITH THE BODIES OF INQUIRY IN THE COURSE OF THE DISCLOSURE AND INVESTIGATION OF CRIMES
The article discusses the features of the interaction of the investigator with the body of inquiry during the investigation and disclosure of crimes, as well as ways to improve such interaction. The interaction of the investigator with the bodies of inquiry is an important stage in the work on solving crimes and, as a rule, this work is effective, bringing a satisfactory result, which makes it necessary to study the theoretical and practical issues of correctly determining the forms and principles of this interaction. In the modern world, it is necessary to constantly review the role and place of the investigator in the system of law enforcement structures, since the investigator must play a leading role in the process of solving crimes.
Keywords: investigative authorities, body of inquiry, disclosure and investigation of crimes, interaction, execution of orders, deadlines for execution, of practitioners, investigative practice.
Reference bibliographic list
1. Voropaev A. A. Some problems of improving the interaction of preliminary investigation bodies and bodies of inquiry in the investigation of crimes // Science and education: economy and economy; entrepreneurship; law and management. – 2013. – No. 2 (33). – P. 77-81.
2. Davletshina L. S. Problems of interaction between the investigator and the body of inquiry // Actual problems of combating crimes and other offenses. – 2014. – No. 14-1. – P. 98.
3. Plesneva L.P., Usachev A.A. Improving the legal basis for the interaction of the investigator with the bodies of inquiry during the production of the preliminary investigation // Siberian Criminal Procedure and Forensic Readings. – 2020. – No. 4 (30).
CRIMINAL PROCESS
KHABAROVA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Institute of State and Law of the Tyumen State University
NIKOLAEVA Darya Yurjevna
magister student of the Institute of State and Law of the Tyumen State University
PROCEDURAL ASPECT OF PRESENTATION FOR IDENTIFICATION IN CRIMES OF CORRUPTION
The article analyzes the problems that arise in the process of exposing and investigating corruption crimes. Among the problems, the authors highlight: latency, a high level of counteraction to the suppression and disclosure of corruption-related crimes, inefficient productionn of investigative actions and registration of their results due to the assumption of procedural violations that can raise the question of the inadmissibility of evidence obtained in this way in court. The authors of the article analyzed the materials of judicial practice concerning crimes of corruption. As a result, the specifics of the objects presented for identification were revealed, including the characteristic types of objects among living persons presented for identification, as the most frequently used in the production of an investigative action in the framework of the investigation of crimes of this category. The main errors are identified, as a result of which the information obtained is not able to have evidentiary value, and ways to overcome them are proposed. The conclusion is made about the need to develop an institution for advanced training of law enforcement officers, the development of guidelines for the production of an investigative action, the specifics of presenting for identification in the framework of the investigation of crimes of corruption, which is most often associated with the presence of a specific object – an official with authority and leverage both law enforcement officers and persons involved in the investigation of a criminal case.
Keywords: investigative actions, presentation for identification, identification, interrogation, signs and features, procedural errors, anti-corruption, investigation of corruption crimes, officials.
Reference bibliographic list
1. Belokobylskaya O. I. The specifics of the production of individual investigative actions in the investigation of bribery // Tavrichesky scientific observer. 2015. No. 2-3. pp. 39-45.
2. Dulov A. V. Fundamentals of the investigation of crimes committed by officials. Minsk: Universitetskoe, 1985. 168 p.
3. Kuleshov R. V., Myasnikov A. P. Presentation for identification in the investigation of various categories of crimes in the field of extremist and terrorist activities. Izvestiya TulGU. Economic and legal sciences. 2021. No. 4. P. 29-36.
4. Samoshina Z. G., Krylov V. V. Presentation for identification at the preliminary investigation. Moscow: Leks Est, 2001. 260 p.
5. Cheburenkov A. A. Countering the investigation of bribery and the system of tactical and forensic measures to overcome it // Russian investigator. 2020. No. 8. P. 13-17.
CRIMINAL PROCESS
TAJIBOV Zeynuddin Ramazanovich
postgraduate student of the Peoples’ Friendship University of Russia
THE INSTITUTION OF INVOLVEMENT AS AN ACCUSED AND ITS FEATURES IN THE CRIMINAL PROCESS OF RUSSIA
This article examines the institution of bringing a person as an accused problem and its features in the criminal process of Russia. Controversial issues arising during the investigation of cases, the presentation of evidence are considered and proposals are put forward to eliminate them.
Keywords: criminal procedure science, the rights of the accused, the institution of involvement as an accused, sufficiency of evidence.
Reference bibliographic list
1. The Code of Criminal Procedure of the Russian Federation as amended on March 9, 2022 // Collection of Legislation of the Russian Federation of 2001 – No. 52. – Art. 4921.
2. Criminal process. Textbook / Ed. Bozheva V.P. 3 of. Correction and add. – M.: SPARK, 2002.
3. Kalinovsky K. B. Criminal process. Lecture notes // Criminal process. Website. K. Kalinovsky. [Electronic resource]. – Access mode: http://kalinovsky-k.narod.ru/p/lecture_notes/ (date of access: 04/07/2022).
4. Osmanov E. Z. On the grounds for bringing a person as an accused // Public Service and Personnel. – 2019. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-osnovaniyah-privlecheniya-litsa-v-kachestve-obvinyaemogo (date of access: 04/09/2022).
5. Cheltsov-Bebutov M. A. Essays on the history of the court and the criminal process in slave, feudal and bourgeois states. – M., 1957. – T. 1.
6. Determination of the Constitutional Court of the Russian Federation of April 22, 2010 No. 529-O-OOb refusing to accept the complaint of c. Golotina V.Yu. to the violation of his constitutional rights, Part 3, Art. 60 of the Criminal Code of the Russian Federation, part 1 of Art. 73, art. 252, paragraph 6, part 1, art. 299, paragraph 3 of Art. 320.7 Code of Criminal Procedure
CRIMINAL AND EXECUTIVE LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
ANANJEVA Ekaterina Olegovna
Ph.D. in law, associate professor of Civil law and process sub-faculty of the Institute of training of public servants of the Academy of FPS of Russia
PROBATION SERVICES -AS A MODEL OF EFFECTIVE ASSISTANCE TO PERSONS DEPRIVED OF LIBERTY IN SOCIAL RECOVERY
The article analyzes the norms of criminal and penal enforcement law of Russia, which are the basis not only for the execution of punishment against persons who have committed crimes, but also for the observance of the rights of this category of persons. The study points out the gaps in these provisions when they are applied to protect the violated rights of convicts. The authors analyze the new Federal Law “On Probation in the Russian Federation” and summarize the results of the positive complex impact of the norms of law enshrined in the law on the activities of relevant bodies and services in providing assistance to persons deprived of liberty in social rehabilitation.
Keywords: penal enforcement law, criminal legislation, probation, legal changes, deprivation of liberty.
Reference bibliographic list
1. Ananiev O. G., Kazantsev V. N., Kiyko N. V., Kuznetsov M. I. et al. Social work in correctional institutions. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2020. – 300 p.
2. Federal Law of February 6, 2023 No. 10-FZ “On Probation in the Russian Federation” // Rossiyskaya Gazeta. – [Electronic resource]. – Access mode: https://rg.ru/documents/2023/02/09/probacia.html (date of access: 1.03.2023).
CRIMINAL AND EXECUTIVE LAW
SOCHIVKO Olga Ivanovna
Ph.D. in science psychologicals, senior lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia, Novokuznetsk, lieutenant colonel of internal service
THE SPIRITUALITY OF CONVICTS IN PLACES OF IMPRISONMENT AS THE VALUE AND SUBJECT OF PENITENTIARY PSYCHOLOGY
The author indicates that spirituality became the subject of studying of many scientists, first of all, the issues of spirituality are directly related to the humanization of the process of execution of sentences, and especially against persons serving criminal sentences in the form of imprisonment. The author conducted a study of the spiritual sphere of male convicted men contained in the LIU-16 GUFSIN of Russia in the Kemerovo region-Kuzbass, aimed at studying the dynamics of aspects of spiritual and moral attitude to reality in connection with changes in the religion and churching of convicts. On the territory of the specified medical institution, the temple is operating in honor of St. Archangel Michael, who was built and consecrated in 1998. To date, the temple is regularly visited by convicts of the male. It is noted that while serving the sentences, the convicts are growing determination to change their lives after release. The author concludes that the transformation of the spiritual and moral content of some important relations of the personality of the convicts occurs in parallel with changes in the field of their religious spirituality: a more frequent appeal to reading the gospel, the desire to confess, visit the temple. The most serious changes are personal relations that are reflected in the main Christian commandments.
Keywords: convicts, spirituality, morality, clergyman, penitentiary psychology, criminal-executive system.
Reference bibliographic list
1. Sochivko D. V. On the construction of an Orthodox Church in a penal colony // Criminal justice: problems of theory and practice. – 2017. – No. 4. – P. 40-43.
2. Sochivko DV Existential psychodynamics. – M.: Ryazan, 2020. – 225 p.
3. Sochivko D. V. The increase in spirituality and religiosity of convicts in the process of serving their sentences // Criminal Executive Law. – 2016. – No. 1 (23). – P. 26-31.
4. Sochivko DV Psychodynamics of spirituality and religiosity of convicts of youth age // Applied Legal Psychology. – 2012. – № 4. – P. 116-126.
5. Sochivko D. V. Spiritually-oriented approach within the framework of Gestalt therapy: the formation of a conceptual apparatus // Moscow psychotherapeutic journal. – 2008. – No. 3 (58). – P. 19-35.
6. Sochivko D. V. Gender psychodynamics of spiritual and religious growth of convicts in places of deprivation of liberty // Criminal punishment in Russia and abroad: problems of appointment and execution (to the 10th anniversary of the adoption of the European penitentiary rules): a collection of materials of the Intern. scientific-practical. conf.: at 2 pm / under the total. ed. P. V. Golodova. – 2017. – S. 52-57.
7. Sochivko D. V., Polyanin N. A., Golysheva Yu. – 2012. – № 1. – P. 60-75.
8. Sochivko O. I. Provision of spiritual and moral assistance to convicts with mental illness // Penitentiary system and the Russian Orthodox Church, other religious associations traditional for Russia – interaction in spiritual and moralVital education of convicts: a collection of materials of the YI International Scientific and Practical Conference. – 2018. – S. 287-289.
CRIMINAL AND EXECUTIVE LAW
STRUGANOV Sergey Mikhaylovich
Ph.D. in pedagogical sciences, associate professor, professor of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GALTSEV Sergey Alexandrovich
Ph.D. in science philosophicals, associate professor, professor of physical culture sub-faculty of the Irkutsk National Research Technical University
PANOV Evgeniy Valentinovich
Ph.D. in pedagogical sciences, associate professor, professor of Physical training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FILIMONOV Dmitriy Gennadjevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
MODERN PROBLEMS OF THE APPLICATION OF RESTRICTION OF FREEDOM AS ONE OF THE TYPES OF CRIMINAL PENALTIES IN RUSSIA
The article raises the topical issue of criminal law, which considers the increase in the effectiveness of punishments in the form of restrictions of freedom and their connection with various spheres of life of our modern society. This type of punishment is regulated by Article 53 of the Criminal Code of the Russian Federation and is relatively humane, since it can fully or partially solve a number of problems not only in the law enforcement system of the Russian Federation, but also in the life of modern society. Therefore, issues related to the restriction or deprivation of liberty of convicted persons are currently relevant and attract the close attention of the world community.
Keywords: criminal punishment, convict, restriction of liberty, deprivation of liberty, modern society, humanization, criminal law, probation, penal enforcement system, legal restrictions.
Reference bibliographic list
1. Barsuchenko S. A. Activities of the probation service as a way to reduce the level of recidivism // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2019. – No. 4. – P. 164-168.
2. Gabaraev A. Sh., Timofeeva T. N. Socio-psychological and legal aspects of the activities of probation services in foreign countries // Socio-political sciences. – 2020. – T. 10. – No. 1. – P. 90-95.
3. Gadzhieva M. G., Pirbudagova D. Sh. Restrictions on the rights and freedoms of a person and a citizen: the implementation of the principle of proportionality when restricting rights and freedoms // Eurasian Law Journal. – 2020. – No. 4 (143). – S. 202-204. – DOI 10.46320/2073-4506-2020-4-143-120-121.
4. Gorban DV Pre-trial probation as a stage of the process of re-socialization // Criminal Executive Law. – 2017. – T. 12. – No. 3. – S. 217-320.
5. Gorovoy VV, Gorovoy VV Remote supervision in the penitentiary system // Law and law. – 2018. – No. 9. – P. 104-107.
6. Kolbasova E. V. Legal regulation of the execution of punishment in the form of restriction of freedom: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2017. – 22 p.
7. Matveeva T. P., Berezhnaya T. V. Some issues of creating a probation service in Russia // Modern law. – 2019. – No. 5. – P. 101-105.
8. Olkhovik N. V. The effectiveness of the execution of criminal penalties not related to deprivation of liberty // All-Russian Journal of Criminology. – 2018. – T. 12. – No. 1. – S. 51-59.
9. Perfilyev A. A., Yusupov D. Kh. The system of probation in the resocialization of juvenile convicts // NOVAINFO.RU. – 2018. – V. 1. – No. 91. – P. 84-87.
10. Sokolov IV Restriction of freedom as a form of criminal punishment: monograph. – M.: Yurlitinform, 2013. – 223 p.
11. Harmae Yu. V. On the problems of introducing a probation service in the Russian Federation // Bulletin of the Buryat State University. – 2013. – № 2. – P. 187-189.
CRIMINALISTICS
ARDASHEV Roman Georgievich
Ph.D. in Law, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Siberian Law Institute of the MIA of Russia
EXAMINATION OF THE SKELETAL REMAINS OF A CORPSE AS A FACTOR IN ASSESSING HISTORICAL EVENTS
The article shows the problems of expert attribution of human remains having a long-term burial period. The author notes that one of the most urgent and difficult tasks of law enforcement agencies and forensic doctors is the forensic identification of unidentified corpses. Using the example of a specific exhumation in Russia (the Republic of Buryatia), the mechanism of the appearance of a historical “sensation” that does not have a proper justification is revealed. The psychological reasons that give rise to various anti-scientific “discoveries” are determinedd.
Keywords: forensic examinations, identification, exhumation, assessment of historical facts, anti-scientific “discoveries”.
Reference bibliographic list
1. Korshunov N. V. Diagnosis of prescription of death in the study of corpses in the stage of their putrefactive transformation: author. dis. … cand. honey. Sciences. – M., 2007. – 24 p.
2. Prikhodko A. N., Lavrukova O. S., Sidorova N. A., Popov V. L. Features of the microflora of bone remains and their use for forensic purposes // Zh. medical biol. research. – 2018. – V. 6. – No. 2. – S. 156-164.
3. Petrov V. P. Identification of the personality of a deceased person. Laboratory and special research methods in forensic medicine. – L., 1975. – S. 375-402.
4. Shikanov V.I. Problems of the use of special knowledge and scientific and technical innovations in criminal proceedings: Dis…dokt. legal Sciences. – M., 1980. – S. 281-310.
5. Abramov S. S. Algorithm for identification of a person by bone remains. – Astrakhan, 1995. – S. 23-24.
6. Vermel I. G. Questions of the theory of forensic medical opinion. – M., 1980. – S. 18-20.
7. Letter No. П10/1003/22 dated May 18, 2022. Personal archive of R. G. Ardashev.
8. Newspaper “Izvestia” – September 15, 1964
9. Petrov A., Kudryavtsev M. Are Neanderthals alive? // Science and religion. – 1964. – No. 11. – S. 67-68.
10. Lagovsky I. Captive of the Caucasus // Komsomolskaya Pravda. – 2006. – August 11.
11. Kleshchenko E. The mystery of the forest woman // Chemistry and life. – 2021. – No. 12. – P. 34-42.
12. Porshnev BF About the beginning of human history (problems of paleopsychology). – St. Petersburg, 2007. – P. 49.
CRIMINALISTICS
GAUZHAEVA Viktoriya Aleksandrovna
Ph.D. in Law, associate professor of Special and technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
PROKOFJEVA Elena Vasiljevna
associate professor of Criminalistic technique sub-faculty of the Educational and Scientific Complex of Forensic Expertise of the Volgograd Academy of the MIA of Russia
SOME ASPECTS OF THE USE OF SPECIAL KNOWLEDGE IN THE FIELD OF FORENSIC MEDICINE IN THE FRAMEWORK OF A REPRESENTATIVE INVESTIGATION
In the article, the authors present their vision of the application of special knowledge in the field of forensic medicine, primarily in a procedural form; cover the issues of preparation, appointment and conduct of a forensic medical examination, the features of its production within the framework of a preliminary investigation.
The novelty of the article is seen in the author’s approach to presenting the available material, its generalization and systematization.
Keywords: forensic doctor, examination, special knowledge, forensic medical examination, expert.
Reference bibliographic list
1. Gauzhaeva V. A., Shamaev A. M. Features of fixing and packing objects found at the explosion site // Gaps in Russian legislation. – 2018. – No. 6. – P. 280-282.
2. Arslanova A. R., Kangezov M. R. Issues of improving the process of examining the scene and examining the corpse // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 301-302.
3. Kanokova L. Yu. Legal status of an expert and specialist in criminal proceedings // Theory and practice of social development. – 2015. – No. 10. – P. 105-107.
4. Borisova A. V., Staroseltseva Yu. M. The subject and content of the examination of a corpse as an independent type of forensic medical examination // Sustainable development of science and education. – 2019. – No. 5. – P. 187-190.
5. Akkaeva Kh. A. Actual issues of countering crimes against public health // Problems of Economics and Legal Practice. – 2021. – T. 17. – No. 2. – P. 269-272.
6. Kornilov A. R., Khristoforova E. I., Shmaeva T. A. Forensic medical examination as a special kind of legal examination // Legal Science. – 2020. – No. 11. – P. 68-74.
7. Criminal Code of the Russian Federation: fed. Law of June 13, 1996 No. 63-FZ (as amended on November 21, 2022) // Collection of Legislation of the Russian Federation. – 06/17/1996. – No. 25. – Art. 2954.
8. Code of Criminal Procedure of the Russian Federation: fed. Law No. 174-FZ of December 18, 2001 (as amended on April 1, 2019, as amended on December 5, 2022) // Collected Legislation of the Russian Federation. – 24.12.2001. – No. 52 (part I). – Art. 4921.
9. On the basics of protecting the health of citizens in the Russian Federation: Fed. Law of November 21, 2011 No. 323-FZ (as amended on February 19, 2022) // Collection of Legislation of the Russian Federation. – 28.11.2011. – No. 48. – Art. 6724.
10. On state forensic activities in the Russian Federation: Fed. Law No. 73-FZ of May 31, 2001 (as amended on July 1, 2021) // Rossiyskaya Gazeta. – No. 106. – 05.06.2001.
11. About transplantation of organs and (or) tissuesof a person: Law of the Russian Federation of December 22, 1992 No. 4180-1 (as amended on May 1, 2022) // Gazette of the SND and the Armed Forces of the Russian Federation. – 01/14/1993. – No. 2. – Art. 62.
12. On approval of the procedure for organizing and producing forensic medical examinations in state forensic institutions of the Russian Federation: Order of the Ministry of Health and Social Development of the Russian Federation dated May 12, 2010 No. 346n // Rossiyskaya Gazeta. – No. 186. – 20.08.2010.
CRIMINALISTICS
KAYRGALIYEV Daniyar Vulkairevich
Ph.D. in biological sciences, associate professor, expert at Expert Technologies and Product Certification LLC, Saratov
NIKONOVICH Sergey Leonidovich
Ph.D. in Law, associate professor, professor of the Russian State University of Tourism and Service
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
APPLICATION OF SPECIAL KNOWLEDGE IN CRIMINAL LEGAL PROCEEDINGS IN THE INVESTIGATION OF FALSE FAILS OF THE QUALITY OF CAR FUEL
The use of the knowledge of knowledgeable persons is an integral part of the judicial process. The article discusses aspects of the use of special knowledge in the investigation of crimes in the field of falsification of the quality of automotive fuel, the actions of participants in criminal proceedings when appointing and conducting research on these objects.
Keywords: special knowledge, criminal proceedings, quality falsifications, gasoline, motor fuel, preliminary study.
Bibliographic references:
1. Khrustalev V. N., Soklakova N. A. Forensic investigation of substances, materials and products: textbook. allowance. M.: Justice, 2020. 732 p.
CRIMINALISTICS
KELAREV Arkadiy Vyacheslavovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
MENSHIKOV Pavel Valentinovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
THE USE OF A POLYGRAPH DURING PSYCHOPHYSIOLOGICAL EXAMINATION IN CRIMINAL PROCEEDINGS: RUSSIAN AND FOREIGN EXPERIENCE
The article studies the problems of the theory and practice of using a polygraph during psychophysiological examination in criminal proceedings. The experience of a number of foreign countries is studied: Germany, USA, Canada. The practice of using a polygraph in Russian criminal proceedings is being studied. The recommendations regarding the conduct of such a study and the use of its results are summarized. The possibility of replacing the polygraph with neuroimaging tools is being evaluated. Purpose: to analyze the prospects for recognizing the conclusion of a psychophysiological examination as admissible evidence in criminal cases. Methods: methods of analysis of scientific literature and judicial practice were used. Result: a number of measures are proposed to increase the evidentiary value of the polygraph. Conclusions: the author comes to the conclusion that the rejection of the results of polygraph research is based on the legal assessment of the polygraph as an infringement on human dignity and from a scientific and methodological point of view as a scientifically unprotected research method with a result of low reliability and a relatively high level of errors. The use of fMRI in the framework of psychophysiological examination faces the same scientific, legal and ethical problems as the use of a polygraph.
Keywords: polygraph, psychophysiological examination, neuroimaging, of fMRI, criminal proceedings, evidence.
Reference bibliographic list
1. Cassation decision of the Supreme Court of the Russian Federation in case No. 41-012-57 dated September 11, 2012 // Official website of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://vsrf.ru/stor_pdf.php?id=503746 (date of access: 01/12/2023).
2. Appellate ruling of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation dated August 6, 2019 No. 48-APU19-23. Official site of the Armed Forces of the Russian Federation. [Electronic resource]. – Access mode: https://vsrf.ru/ (date of access: 01/12/2023).
3. Melnikova A. S., Urmanova N. S., Shuvalov A. P., Martynenko O. V. Topical issues of using instrumental lie detection as a means of combating counteraction to the investigation of crimes // Law and Law. – 2019. – No. 5. -S. 145-149.
4. Dolgova K. V. The place of polygraphology in the system of scientific knowledge and further prospects for its development in law enforcementand activities // Vestnik VUiT. – 2018. -№ 3. – P. 104-113.
5. Alekseev L. G., Zhirnov S. I., Korochkin P. B. et al. Handbook of a polygraph examiner. – M .: “Pero”, 2015. -S. 136-190.
6. Smirnova S. A., Makushkin E. V., Asnis A. Ya., Vaske E. V., Dozortseva E. G., Safuanov F. S., Shishkov S. N., Shipshin S. S., Oshevsky D.S., Berdnikov D.V., Sekerazh T.N., Kalinina A.N. Information letter “On the illegality of determining the reliability of testimony by forensic examination” // Theory and practice of forensic examination. – 2016. – No. 3 (43). – P. 64-73.
7. Kamenskov M. Yu., Grubin D., Yakovchik A. Yu., Kuptsova D. M. International practice of using a polygraph against persons who have committed sexual crimes // Russian Psychiatric Journal. – 2020. – No. 2. – P. 80-91.
8. Von Prof. Dr. Sonke Florian Gerhold. Der Einsatz von Lügendetektorsoftware im Strafprozess – aufgrund des technischen Fortschritts in Zukunft doch rechtmäßig? // Zeitschrift für Internationale Strafrechtsdogmatik. – 2020. – No. 9. [Electronic resource]. – Access mode: https://d-nb.info/121767845X/34 (date of access: 01/12/2023).
9. Ushakov A.Yu. International experience in the use of the polygraph in the fight against crime // PPD. – 2015. – № 4. – C. 110-112.
10. Verwertbarkeit der Ergebnisse von Polygrafentests zugunsten des Beschuldigten // Psychiatrie Verlag. 2018. No. 36. P. 179-190. [Electronic resource]. – Access mode: https://polygraphenzentrum.de/wp-content/uploads/2020/04/urteil_polygraphentest_bautzen.pdf (Accessed 12.01.2023).
11. The Polygraph and Lie Detection. Washington, DC: The National Academies Press. -2003. [Electronic resource]. – Access mode: https://doi.org/10.17226/10420 (Accessed: 01/12/2023).
12. Zitulaeva D. A. Problems of evaluating the conclusion of a psychophysiological examination using a polygraph as evidence in a criminal case // Ensuring human rights and freedoms in criminal proceedings: organizational, procedural and forensic aspects: Materials of the Crimean Student Legal Forum, Simferopol, May 15, 2019 / Managing editors M. A. Mikhailov, T. V. Omelchenko. – Simferopol: Crimean Federal University. V. I. Vernadsky Taurida Academy, 2019. – P. 13-15.
13. Langleben, Daniel D et al. Polygraphy and Functional Magnetic Resonance Imaging in Lie Detection: A Controlled Blind Comparison Using the Concealed Information Test // The Journal of clinical psychiatry. – 2016. – Vol. 77(10). – R. 1372-1380. DOI:10.4088/JCP.15m09785
14. Abravitova Yu. I., Lipsky N. A., Khairusov D. S. Ecological expertise in the system of measures to ensure environmental safety // Eurasian legal journal. – 2022. – No. 9 (172). – P. 262-264.
CRIMINALISTICS
STANOVAYA Olga Vladimirovna
lecturer of Criminalistics sub-faculty of the Educational and Scientific Complex on Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
FORENSIC INVESTIGATION OF SHOE SOLE MARKS FORMED ON UNEVEN SURFACES WITH A FABRIC, SOFT BACKING
An analysis of expert practice shows that during inspections of incident sites, traces of the soles of shoes are often removed, found on various uneven surfaces with a soft fabric backing, such as: a chair seat, a sofa, a door, etc., on which trace examinations are subsequently assigned .
When working with these traces, both at inspection sites of incidents and during the production of examinations, there are often difficulties associated with their detection, fixation and removal, as well as the possibility of displaying and evaluating the mechanism for the formation of general and particular signs of the sole, which can lead to either partial loss signs in the trail, or to an incorrect conclusion about the identification, group belonging of the shoe.
The article considers an expert experiment with a shoe mark left on a soft chair seat. Based on the results of the experiment, the possibilities of displaying and evaluating the mechanism for the formation of general and particular signs of the sole were analyzed, and some practical recommendations were given for working with such traces.
Keywords: footprint of the sole of the shoe, fabric soft backing, general and particular features of the sole of the shoe, expert experiment.
CRIMINALISTICS
SHAGIEVA Gulnara Rifovna
senior lecturer of Police training sub-faculty of the Ufa Law Institute of the MIA of Russia
YUSUPOVA Svetlana Invirovna
lecturerof the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
THE CONCEPT OF INSULT IN THE LINGUOCRIMINALISTIC ASPECT
The article examines the concept of “insults” in the linguistic aspect, defines the grounds for the appointment of linguistic expertise, the author highlights the elements of linguistic expertise of offensive texts and defines the features of insults in linguistics.
Keywords: insult, humiliation, indecent form, linguistic expertise, expert linguist, legal basis.
Reference bibliographic list
1. The decision of the Buguruslan district court of the Orenburg region of August 09, 2017 [Electronic resource]. – Access mode: https://arbitr.garant.ru (date of access: 01/17/2023).
2. Decision of the Oryol Regional Court dated December 03, 2019 in case No. 3a-119/2019. [Electronic resource]. – Access mode: http://arbitr.garant.ru (date of access: 01/17/2023).
3. Kusov G. V. Insult as an illocutionary linguocultural concept. [Electronic resource]. – Access mode: https://dlib.rsl.ru (date of access: 01/17/2023).
CRIMINALISTICS
KHUSAINOV Ramil Ravilovich
Ph.D. in Law, associate professor, associate professor of Operational investigative activities of internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
DAYANOV Irik Sayfuranovich
Ph.D. in Law, associate professor, associate professor of Computer engineering and information security sub-faculty of the Ufa State Aviation Technical University
CORRELATION OF INVESTIGATIVE ACTION – CONTROL AND RECORDING OF TELEPHONE TALKS AND OPERATIONAL-SEARCH ACTIVITIES – EAVESDROPPING OF TELEPHONE CONVERSATIONS
The article provides a brief analysis of the investigative action – control and recording of telephone conversations, as well as the operational-search activity – wiretapping of telephone conversations. The concept, legal basis, procedure for their implementation and registration of the results are outlined. The general and distinctive properties of the considered investigative actions and operational-search measures are singled out and analyzed.
Keywords: investigative action, operational-search activity, telephone conversations, information, operational information.
Reference bibliographic list
1. Bozhev V. P. Criminal process: a textbook for universities. M.: Yurait Publishing House, 2022. 568 p. – (Higher education). – Text: electronic // Educational platform Urayt [website]. P. 278. – [Electronic resource]. – Access mode: https://urait.ru/bcode/488568/p.16 (date of access: 02/08/2023).
2. Theory of operational-search activity: Textbook. 3rd ed., revised. and additional / Ed. K. K. Goryainov, V. S. Ovchinsky, G. K. Sinilov. M.: INFRA-M, 2014.
CRIMINALISTICS
CHERNETS Olga Igorevna
senior inspector of the Control and Investigation Department of the Investigation Department of the Investigative Committee of the Russian Federation for the Ivanovo Region
TO THE QUESTION OF METHODS OF DETECTING TRACES OF BIOLOGICAL ORIGIN IN THE INVESTIGATION OF CRIMES AGAINST THE PERSON
In the article, the author considers various methods for detecting traces of biological origin in the investigation of crimes against a person. The main attention is paid to the consideration of such methods of detection as visual (and optical), physical and chemical.
Keywords: biological traces, inspection of the scene, micro-objects, detection, fixation, seizure, technical and forensic means, examination, physical evidence.
Reference bibliographic list
1. Vinogradov I. V., Gureev A. S. Laboratory research in the practice of forensic medical examination. – M., 1966. – S. 101-111.
2. Ishchenko E. P., Toporkov A. A. Criminalistics: textbook / Ed. E. P. Ishchenko. 2nd ed., corrected, supplemented. and reworked. – M.: CONTRACT; INFRA-M, 2010. – 781 p.
3. Forensic technology: textbook. / Ed. Yu. N. Baranova, T. V. Popova. – Chelyabinsk: CHUI of the Ministry of Internal Affairs of Russia, 2009. – 663 p.
4. Inspection of the scene: Uch. allowance / Ed. V. F. Statkus. – M: ECC of the Ministry of Internal Affairs of the Russian Federation, 1995.
5. Smyslov V. I. Inspection of the scene. Tutorial. – M.: VYUZI, 1980.
6. Firsov O. A., Volkov A. S. Features of detection and seizure of traces of biological origin in the detection and investigation of crimes // Industry: economics, management, technologies. – 2013. – No. 5 (49). – P. 165-167.
7. Shamonova T. N. A corpse was found in a noose. Police. No. 1. – M., 1993. – S. 30-32.
8. Shamonova T. N. Useanalysis of traces of biological origin left by a person in the investigation of crimes of a violent nature. Dis. … cand. legal Sciences. – M., 2002. – 268 p.
9. Shamonova T. N., Groshenkova O. A. Guarantees of observance of the rights of the individual in the study of odor mappings / Sat. materials of the international scientific-practical conference (X-1998). 4.2. – Saratov: SGAP, 1999. – P. 140-141.
CRIMINALISTICS
KELAREV Arkadiy Vyacheslavovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great. Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
KELAREVA Alena Arkadjevna
Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
DIFFERENTIATION OF THE STATUS OF “VICTIM” AND “VICTIM” AT THE STAGE OF PRE-TRIAL INSPECTION ON THE FACT OF A TRAFFIC ACCIDENT
In modern realities, the competitiveness and equality of the parties plays a key role in the implementation of legal proceedings. The problems of granting the victim the status of “victim” are considered. It is proposed to exclude from the Criminal Procedure Code of the Russian Federation the provisions concerning the conduct of pre-investigation checks in respect of persons who have suffered serious bodily injuries or in cases of death of a person.
Keywords: victim, traffic accident, pre-trial proceedings, road user, pedestrian, driver, competitiveness, equality of the parties.
Reference bibliographic list
1. Decree of the Government of the Russian Federation of October 23, 1993 No. 1090 (as amended on December 31, 2020) “On the Rules of the Road” (together with the “Basic Provisions for the Admission of Vehicles for Operation and the Obligations of Officials to Ensure Road Safety”) (with changes and additions, effective from 01.01.2022).
2. Decree of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25 (as amended on May 24, 2016) “On judicial practice in cases of crimes related to violation of traffic rules and the operation of vehicles, as well as their unlawful possession without the purpose of theft “.
3. Determination of the Constitutional Court of the Russian Federation of September 25, 2014 No. 2260-O “On the refusal to accept for consideration the complaint of citizen Komarov Vladimir Alekseevich about the violation of his constitutional rights by the provisions of paragraphs 4.1, 4.3 and 16.1 of the Rules of the Road of the Russian Federation”.
4. Federal Law No. 196-FZ of December 10, 1995 (as amended on November 29, 2021, as amended on October 27, 2022) “On Road Traffic Safety”.
5. Code of Criminal Procedure of the Russian Federation No. 174-FZ dated December 18, 2001 (as amended on December 29, 2022) (as amended and supplemented, effective from January 11, 2023).
6. 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)
7. Resolutions of the Constitutional Court of the Russian Federation of July 14, 2011 No. 16-P, of November 19, 2013 No. 24-P and of November 8, 2016 No. 22-P; definitions No. 1338-O of May 28, 2020, No. 1887-O and No. 1902-O of July 23, 2020, No. 1938-O of September 24, 2020, etc.
8. Judgment of the ECtHR dated 24.07.2008 “Case “Vladimir Romanov v. Russian Federation” (complaint no. 41461/02). The case complained about the unfair nature of the trial and torture in the pre-trial detention center. The case violated Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
CRIMINALISTICS
ISAEV Aliabas Ibragimovich
master of laws, postgraduate student of Criminalistics sub-faculty of the M. V. Lomonosov Moscow State University
PECULIARITIES OF INTERROGATION OF A SUSPECT IN CASES OF ALCOHOLIC PRODUCTS AND (OR) TOBACCO PRODUCTS SMUGGLING
Of particular importance for the investigation of the smuggling of alcoholic beverages and (or) tobacco products, provided for in Article 200.2 of the Criminal Code of the Russian Federation, is such an investigative action as the interrogation of a person suspected of committing a crime. It is during the interrogation that it is possible to obtain the greatest amount of information relevant to the investigation, data on the persons who committed the crime and certain aspects of the act itself. The article discusses the peculiarities of conducting such an interrogation, reveals the specifics of the situations that develop during it, depending on the position of the suspect. On the basis of the studied forensic investigation materials, statistical data are provided on the categories of situations under consideration that develop during interrogation, as well as on the issue of refusing to provide information about other persons involved in the commission of the typeof smuggling in question.
Keywords: smuggling, smuggling of tobacco products, smuggling of alcoholic products, interrogation, features of interrogation, interrogation of a suspect.
Reference bibliographic list
1. Torbin Yu. G. The doctrine of the traces of a crime in the works of forensic scientists and proceduralists of the XIX and XX centuries // Military Law. – 2017. – No. 1 (41). – P. 379-391.
2. Komissarova Ya. V. The concept and classification of traces in criminalistics // Bulletin of the University named after O. E. Kutafin (MGYuA). – 2019. – No. 3 (55). – P. 131-141.
3. Criminalistics: a textbook for universities. Under. Ed. R. S. Belkina. – M.: Norma, 2000. – S. 624.
4. Kolmakov P. A. Tactics of interrogation in a conflict situation / P. A. Kolmakov, K. V. Koshkina // Jurisprudence in theory and practice: topical issues and modern aspects. Collection of articles of the International Scientific and Practical Conference, Penza, September 05, 2019. – Penza: “Science and Education” (IP Gulyaev G.Yu.), 2019. – P. 79-82.
5. Zakatov A. A., Zamylin E. I. Knowingly unreliable information in the course of the investigation and the problems of combating it // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2012. – No. 1 (20). – P. 103-110.
6. Malyanova K. P. Tactics for detecting false testimony during interrogation // Criminalistics: yesterday, today, tomorrow. – 2020. – No. 4 (16). – S. 60-66.
7. Lozovsky D. N., Rudenko A. V. Features of interrogation tactics when exposing a lie // Modern problems of domestic criminology and prospects for its development: Collection of scientific articles based on the materials of the All-Russian Scientific and Practical Conference (with international participation), 2019. – pp. 182-187.
8. Stepanenko D. A. Psychological impact in criminal proceedings: the concept and criteria of admissibility // Russian investigator. – 2014. – No. 9. – P. 52-58.
CRIMINALISTICS
SHITOV Kirill Eduardovich
adjunct of Management of crime investigation bodies sub-faculty of the Academy of Management of the MIA of Russia
OBJECTS OF CRIMINALISTICS ACCOUNTING
The article deals with the problems associated with the definition of objects of criminalistics accounting. The author gives the concept of the object of criminalistics accounting through its relationship with forensically significant information and through the relationship with the object of the information system of criminalistics accounting. The author in the course of the study comes to the conclusion that all objects of criminalistics accounting can be divided into three categories – “persons”, “events” and “items”, within which, for various reasons, classification constructions can be created.
Keywords: accounting, objects, information and analytical support, forensic accounting, forensically significant information, crimes, persons, events, traces, item.
Reference bibliographic list
1. Great Soviet encyclopedia. — M.: Soviet encyclopedia, 1969-1978.
2. Shitov K. E. Analysis and forecasting based on forensic accounting data as part of the digital transformation of information support for the activities of internal affairs bodies // Academic Thought. – 2022. – No. 4 (21). – P. 292-295.
3. Yalyshev S. A. Forensic registration: problems, trends, prospects: dis. … Doctor of Law: 12.00.09 / Academy of Management of the Ministry of Internal Affairs of the Russian Federation. – Moscow, 1999. – 321 p.
4. DAMA-DMBOK: Data management body of knowledge. Second Edition / Dama International [trans. from English. G. Agafonova]. – Moscow: Olymp-Business, 2020. – 828 p.
5. Criminalistics: in 3 volumes I, ed. R. S. Belkina. V. G. Kolomatsky. I. M. Luzgin. M.: Academy of the Ministry of Internal Affairs of Russia. 1995. Vol. 1: History, general and particular theories. P. 280.
6. Vladimirov V. Yu., Zhidkov D. N., Shitov K. E. Ensuring the functional unity of forensically significant information as a means of improving the efficiency of law enforcement // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 4 (64). – S. 124-131.
CRIMINOLOGY
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
ANANJEVA Zhanna Nikolaevna
student of the 4th course of the full-time student of the Psychology Department of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
CRIMINOLOGICAL CHARACTERISTICS OF FACTORS CONTRIBUTING TO THE COMMISSION OF CRIMES IN TRANSPORT
The article analyzes the criminological characteristics of drivers’ behavior during road traffic, considers the factors contributing to the creation of situations during the movement of vehicles, which may be significant in the occurrence of road accidents based on statistics obtained from official sources and confirmed by the Ministry of Internal Affairs of the Ryazan region, as well as a survey of respondents who are road users. The description of possible causes of situations related to the behavior of drivers who violate traffic rules on the road is given.
Keywords: administrative legislation, criminal legislation, criminological characteristics, motor vehicle, traffic accident.
Reference bibliographic list
1. Rules of the road. – [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (accessed 12/1/2022)
2. From the history of traffic rules. – [Electronic resource]. – Access mode: https://gibbrdbryansk.rf/istoriya-gai-gibdd/2341-iz-istorii-pravil-dorozhnogo-dvizheniya (accessed 1.12.2022).
3. Annual traffic accident statistics 2021: who wins. – [Electronic resource]. – Access mode: https://autotraction.rf/blog/articles/godovaya-statistika-dtp-2021-kto-kogo/ (accessed 1.12.2022)
4. Ryazan region in the ranking of regions in terms of road accidents for 2020. – [Electronic resource]. – Access mode: https://rzn-mk-ru.turbopages.org/turbo/rzn.mk.ru/s/social/2020/11/11/ryazanskaya-oblast-zanyala-53e-mesto-v-reytinge- regionsov-po-avariynosti-na-dorogakh.html. (accessed 1.12.2022)
5. Ryazan region in the ranking of regions for road accidents for 2021. – [Electronic resource]. – Access mode: https://rzn-mk-ru.turbopages.org/turbo/rzn.mk.ru/s/social/2022/05/17/za-god-v-ryazanskoy-oblasti-v-dtp- pogibli-164-cheloveka.html. (accessed 1.12.2022)
6. Without a steering wheel in the head: the top bloggers – violators of traffic rules were headed by Eric Davidich. Articles. News. – [Electronic resource]. – Access mode: https://iz.ru/1151581/elena-balaian/bez-rulia-v-golove-top-blogerov-narushitelei-pdd-vozglavil-erik-davidych (accessed 1.12.2022)
CRIMINOLOGY
TOKAREVA Elena Vasilyevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ULYBINA Olesya Viktorovna
Ph.D. in science psychologicals, associate professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa University of Science and Technology
KHAKHALKINA Ulyana Viktorovna
Ph.D. in science psychologicals, associate professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa University of Science and Technology
CORRELATION BETWEEN JUVENILE DELINQUENCY AND LEVEL OF EDUCATION
In this article, the author explores the relationship between the academic success of a minor with the possibility of deviant and criminal behavior. Based on Russian and foreign studies, the author comes to the conclusion that a direct relationship between these indicators has not been empirically established, however, when considering additional socio-economic determinants, as well as a combination of other factors, one can conclude that education is important in preventing juvenile delinquency.
Within the framework of preventive anti-criminal efforts, programs of early intervention by pedagogical workers, psychologists, and PDN employees are called, especially before the child reaches 15 years of age. At the same time, an important task of state bodies and educational organizations is to create the interest of young people in obtaining a quality education, as well as to introduce a high-quality system for assessing the level of theoretical and practical skills mastered by schoolchildren (similar to the studies of the Higher School of Economics and PISA).
Keywords: minors, criminology, criminal behavior, social and economic problems, the level of education.
Reference bibliographic list
1. Kosaretsky S. G., Mertsalova T. A., Senina N. A. Possibilities of Russian schools to support and develop children with learning difficulties: information bulletin / Nat. research University “Higher School of Economics”. – M.: NRU HSE, 2022. – 50 p.
2. Krasnova O. V. Problems of improving the quality of education in educational institutions of the penitentiary system // Scientific research in education. – 2007.
3. Sitarov V. A. The main factors for achieving academic success of students // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 263-266.
LAW ENFORCEMENT
BABIN Alexander Vladimirovich
associate professor of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
KHABAROV Dmitriy Valentinovich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
SAPUNOV Alexey Sergeevich
senior lecturer of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
DOMESTIC AND FOREIGN APPROACHES TO THE FORMATION OF PROFESSIONAL PHYSICAL TRAINING OF LAW ENFORCEMENT OFFICERS ON THE EXAMPLE OF RUSSIAN AND FOREIGN STATES
This article is dedicated to the problem of the development of physical qualities, skills and abilities of police officers of foreign countries. As part of the scientific research, a comprehensive analysis of the implementation of physical fitness in the United States was carried out. The fundamental requirements and criteria for assessing the general physical fitness of law enforcement agencies are considered. A comparative analysis of the implementation of the training process in the system of the Ministry of Internal Affairs of Russia and foreign countries is carried out.
Keywords: police officer, physical training, physical qualities, fighting techniques, USA, foreign experience.
Reference bibliographic list
1. Stepanov G. I., Babin A. V., Zinnatov R. R. Actual problems in the formation of professional skills in the performance of combat fighting techniques among employees of internal affairs departments // Eurasian Legal Journal. – 2021. – No. 2 (153). – S. 373-374. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=45559080 (date of access: 01/16/2023).
2. Osipov A., Zhavner T., Batunova I. et al. Ratings of achievements in physical culture and sports as a significant factor in increasing the level of physical activity of students and university staff // Journal of physical education and sports. – 2018. – No. 2. [Electronic resource]. – Access mode: http://elib.sfu-kras.ru/handle/2311/111177 (date of access: 01/16/2023).
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: 01/16/2023).
LAW ENFORCEMENT
GOLYANDIN Nikolay Petrovich
Ph.D. in Law, professor of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SHERIEV Alberd Malilevich
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, police lieutenant colonel
HISTORICAL ASPECTS OF THE FORMATION AND DEVELOPMENT OF PROFESSIONAL POLICE EDUCATION IN THE RUSSIAN EMPIRE
The article provides a chronology of historical events related to the formation and development of professional police education in Russia. Using archival materials, the authors conducted a study from the moment the first police schools appeared from 1648 to the February bourgeois revolution of 1917. In the course of the study, the authors rightly note that any state, represented by its representative bodies, can perform its functions in a quality and timely manner if there are highly qualified specialists with good professional knowledge. This is the key to the success of government and activities to ensure security and law and order in the country.
Keywords: educational institution, training, professional level, personnel training, college, governor, mayor, police chief, constable, reform.
Reference bibliographic list
1. Annenkova E. A. Imperial School of Law. – Rostock, 2006. – 383 p.
2. State archive of the Russian Federation. – F. 102. 2nd file. 1911. – Op. 68. – D. 10. – Ch. 90. – L. b/n.
3. State archive of the Russian Federation. – F. 102. 2nd file. 1911. – Op. 68. – D. 10. – Ch. 90A. – L. 21–27.
4. State Archive of the Russian Federation. – F. 102. 2nd file. 1882. – Op. 317. – D. 547. – Part 2. – L. 61-69.
5. State public historical library. The Most Submissive Report on the Activities of the St. Petersburg City Police for 1867. – St. Petersburg, 1868. – S. 11-13. – [Electronic resource]. – Access mode: http://elib.shpl.ru/ru/nodes/88762-za-1867-god-1868.
6. Imperial Alexander Lyceum // Journal of the Ministry of Internal Affairs. – Ch. XXVI. – St. Petersburg, 1849. – S. 5.
7. Slavic-Greek-Latin Academy. – [Electronic resource]. – Access mode: http://www.mir-slovo.ru/text/11767.html /text/11767.html.
8. Nakhimov A. P., Kirnos A. V., Kolesnikov V. A. Characteristic features of the formation and development of professional training of the lower ranks of the county police in the Russian Empire at the end of the 19th – beginning of the 20th century // Scientific portal of the Ministry of Internal Affairs Rosthese. – 2020. – No. 1 (49). – P. 8-19.
9. Decree of Emperor Alexander I of August 6, 1809 “On the rules for promotion to ranks in the civil service and on tests in the sciences for promotion to collegiate assessors and state councilors” // Complete collection of laws of the Russian Empire. – Volume 30. – No. 23.771.
10. Decree of Empress Elizabeth Petrovna of January 24, 1755 “On the establishment of Moscow University and two gymnasiums” // Complete collection of laws of the Russian Empire. – Volume 14. – No. 10.346.
11. Charter of the Tsarskoye Selo Lyceum. State Historical Archive. – F. 733. – Op. 226. – D. 307. – L. 36.
12. Shpilevsky S. M. Centenary of the Demidov School. Demidov School of Higher Sciences. Demidov Lyceum. Demidov juridical lyceum. 1803-1903. – Yaroslavl: Type. lips. rule, 1903. – 32 p. – [Electronic resource]. – Access mode: http://dlib.rsl.ru.
LAW ENFORCEMENT
DAMINOV Ainur Aidarovich
senior lecturer of Fire and tactical-special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHOKHIN Vladimir Evgenjevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
THE PSYCHOLOGICAL ASPECT OF THE USE OF FIREARMS
Fire training is not just the ability to shoot quickly and accurately, but combines a set of educational, psychological and regulatory studies that allow you to determine the ATS, to be as prepared as possible for solving operational problems. The use of firearms by a police officer is the most radical means of protecting their activities, and the performance of the function is always entrusted to the internal affairs bodies.
Keywords: fire training, service in the police department, psychological characteristics, shooting training.
Reference bibliographic list
1. Domracheva E. Yu., Ilyakhina O. Yu., Pozdnyakov A. P. The problem of training police officers in the skills of handling weapons. Belgorod, 10.11.2015. – S. 262.
2. P. A. Kadutsky, A. V. Popov, and A. S. Nerubenko, Russ. Shooting sports in the system of fire training for employees of law enforcement agencies In the collection. – Irkutsk, 2015. – P. 192.
LAW ENFORCEMENT
KARCHEMKINA Olga Andreevna
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
KHATUAEV Marat Otarovich
senior lecturer of Administrative activity of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia
INFORMATION REPORTING SYSTEMS IN INTERNAL AFFAIRS BODIES
In order to have a complete picture of the level of crime, the activities of law enforcement agencies, the measures taken to combat crime, the effectiveness of the state concept for combating crime, a detailed analysis of registered crimes is necessary. The reporting system in the internal affairs bodies is unique in its characteristics and content, since such statistical information is characterized by features of detail, depth and volume.
Keywords: reporting, reporting system, information, information centers, crime records.
Reference bibliographic list
1. Maslennikova L. N., Sobenin A. A. Registration of a crime report and the beginning of an investigation in a new digital reality // Russian investigator. – 2019. – No. 6. – P. 12-15.
2. Rakhmatullin A. F. Modernization of approaches to assessing the activities of modern internal affairs bodies // Bulletin of the Perm University. Legal Sciences. – 2015. – No. 1 (27). – P. 25-28.
3. Fedotov A. V. Improving the quality of information support for the activities of internal affairs bodies // Academic thought. – 2019. – No. 2 (7). – P. 62-66.
LAW ENFORCEMENT
KOZLOV Evgeniy Mikhaylovich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
NIKIFOROV Pavel Vasiljevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
PRINCIPLES OF FORMATION OF PSYCHOLOGICAL RESISTANCE IN THE PROCESS OF FIRE TRAINING
This article reveals the features of the formation of psychological stability of cadets, as part of training in fire training classes. AChieving positive results in shooting classes is possible only with an understanding of all the principles of psychological resistance, as well as the formation of moral and volitional qualities to perform the tasks.
Keywords: fire training, psychological stability, cadets, shooting training, psychological training of the shooter.
Reference bibliographic list
1. Medvedev A. V., Vetrova Yu. V., Myasishcheva Yu. V. Psychological training of a cadet shooter // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P.83-85.
2. Muzafin R. R., Nikiforov P. V., Shipov O. V. Stress management in shooting training // Eurasian Law Journal. – 2022. – No. 1 (164). – S. 463-464. – EDN LPLUJC.
3. Kolesnikov A.S. Psychological preparation of the shooter // Young scientist. – 2019. – No. 23 (261). – S. 367-371. – [Electronic resource]. – Access mode: https://moluch.ru/archive/261/60184/ (date of access: 08.10.2022).
4. Solonitskaya E. V., Mitrakova E. N. Psychological aspects of the prelaunch state of the shooter: problems and solutions // Yurist – Pravoved. – 2015. – No. 2. – P. 34–38.
5. Taran A. N., Taran K. A., Maseychuk Yu. M. Readiness of police officers for self-defense in stressful situations // Eurasian Law Journal. – 2022. – No. 1 (164). – S. 428-429. – EDN DOQKZB.
6. Danshin A. S., Gushchin D. N., Taran K. A. Factors influencing the process of formation of motivation for learning in educational institutions of the secondary professional and higher levels // Problems of modern pedagogical education. – 2022. – No. 75-2. – S. 99-101. – EDN RUBLDQ.
LAW ENFORCEMENT
LAVRICHENKO Ruslan Konstantinovich
Ph.D. in pedagogical sciences, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
ERIN Konstantin Andreevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BORISOVA Natalya Ivanovna
lecturer of Criminalistics sub-faculty of the Omsk Academy of the MIA of Russia
THE ROLE OF INCREASING THE EFFECTIVENESS OF PHYSICAL FITNESS AS ONE OF THE ELEMENTS OF PROFESSIONAL TRAINING OF LAW ENFORCEMENT OFFICERS FOR ACTIONS TO FORCIBLY SUPPRESS OFFENDERS
The presented research is devoted to the problem of increasing the effectiveness of physical training for actions to forcibly suppress criminal behavior. The analysis of the essence and content of physical training, conditioned in accordance with the regulatory framework by the tasks of service-applied physical training, is carried out. In addition, the authors have made attempts to substantiate the actual method of professional development, developed on the basis of the complexity of physical, fire and tactical-special training. And also one of the actual methodological techniques of the organization of the learning process in educational institutions of the Ministry of Internal Affairs of Russia is presented.
Keywords: law enforcement agencies, police officer, professional training, physical, fire and tactical-special preparedness, forceful suppression, recommendation methodical technique.
Reference bibliographic list
1. Budanov A. V. Education of law enforcement officers in tactics and methods of ensuring personal security: a training manual. – Moscow: MC at the GUK of the Ministry of Internal Affairs of Russia, 1997.
2. 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). – P. 473-475.
3. Morev D. G. Methods of training cadets of educational institutions of the Ministry of Internal Affairs of Russia in conditions of limited space: author. dis. … cand. ped. Sciences. – Moscow, 2001.
LAW ENFORCEMENT
MAGOMEDALIEV Maruf Magomedalievich
Deputy Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
GLUKHOV Vitaliy Gennadjevich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
SHIPOV Oleg Viktorovich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Urals, Tyumen
ON ENSURING THE PERSONAL SAFETY OF LAW ENFORCEMENT OFFICERS IN THE PERFORMANCE OF OFFICIAL DUTIES
Ensuring the personal safety of a police officer in the performance of official duties is a central problem in the activities of law agencies enforcement. This is due to the fact that often civil servants, performing their official duties, put their lives in danger, entailing the onset of adverse consequences. In view of this, the necessity of the presented research is determined by the definition of the role and importance of ensuring the personal safety of a police officer, in order to identify areas of development and improvement of activities to ensure the protection and protection of the legitimate interests of law enforcement agencies. In this article, the authors have attempted to determine the essence and content of the personal security of a police officer. The conditions and reasons for the commission of illegal acts against civil servants performing tasks to ensure public order and public safety are determined. The most essential rules of conduct regulated by the Federal Law “On the Police” are also conditioned, allowing not only to counteract illegal activities of citizens, but also to directly protect the lives of police officers.
Keywords: law enforcement agencies, police officer, official duties, encroachment on life and health, ensuring personal safety, use of firearms.
Reference bibliographic list
1. Litvin D. V., Akhmetov R. S., Kuznetsov A. I. Formation of professional competencies of police officers in the field of the use of physical force, special means and firearms in the process of vocational training (initial training): structure, content, stages: teaching aid. – Krasnodar: Federal State Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2016. – 96 p. – ISBN 978-5-9266-1177-6. – EDN ZMSBLR.
2. Petrakova L. V., Gaag I. A. Problems of legal regulation of the use of firearms by police officers // Bulletin of the Kemerovo State University. – 2014. – No. 4-3 (60). – S. 298-303. – EDN TELOAL.
3. Podoima L. Yu., Tsvetov S. V. Problems of regulation of the safe handling of police officers with firearms // Problems of law enforcement. – 2015. – No. 3. – S. 59-61. – EDN UJEKRT.
4. The second knife attack on the police took place in the south of Moscow. [Electronic resource]. – Access mode: https://www.interfax.ru/amp/697612 (date of access: 31.01.2023)
LAW ENFORCEMENT
MALIKOV Shamil Emilevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE ISSUE OF STAFFING OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The problem of staffing is an urgent issue in all spheres of life. It is the number of qualified specialists that determines the quality, speed, and efficiency of solving incoming tasks. The Ministry of Internal Affairs of Russia is no exception, striving to preserve and increase the number of qualified specialists engaged in combating crime. Within the framework of the scientific article, the author’s vision of using the tools of pension provision as an opportunity to retain qualified personnel from work experience in the ranks of the Ministry of Internal Affairs of Russia is given.
Keywords: internal affairs bodies, pension provision, human and civil rights and freedoms, social guarantees, qualified specialist.
Reference bibliographic list
1. On the provision of pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops of the national guard of the Russian Federation, enforcement bodies of the Russian Federations and their families: Law of February 12, 1993 No. 4468-1. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 10/30/2022).
2. On the national security strategy of the Russian Federation: Decree of the President of the Russian Federation of July 2, 2021 No. 400 – Text: electronic // Official Internet portal of legal information: [website]. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 30.10.2022).
3. Mursalimov A. T. Digital raiding – a new way of fraud in the field of lending // Bulletin of the East Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (100). – P. 119-127.
4. Mursalimov A. T., Ovchinnikov A. O. On the issue of problems associated with unemployment // Actual problems of law and the state in the XXI century. – 2019. – T. 11. – No. 1. – S. 186-189.
5. Stalin I. V. “Cadres decide everything”: The original of Stalin’s speech to graduates of military academies in 1935 – Text: electronic // HR Academy. [Electronic resource]. – Access mode: https://hr-academy.ru/to_help_article.php?id=204.
6. Filippova E. Kolokoltsev V. A. declaredshortage of policemen in Russia: Plenary session of the State Duma of October 19, 2022 // Parliamentary newspaper of October 19, 2022.
LAW ENFORCEMENT
MUSTAFIN Ruslan Rayanovich
associate professor of Fire and tactical and special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
ULRICH Sergey Alexandrovich
Ph.D. in technical sciences, associate professor, Deputy Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
COMPARATIVE LEGAL ANALYSIS OF THE LEGAL NORMS GOVERNING THE POWERS OF POLICE OFFICERS TO USE FIREARMS IN RUSSIA AND THE UNITED STATES
The article discusses the differences between the legal status of a police officer in Russia and the United States. The procedure, grounds and conditions for the use of firearms by police officers of the two states are being investigated.
Keywords: law enforcement officer, firearms, use of weapons, state, physical force, special means.
Reference bibliographic list
1. Murtazin A. I., Kovalev T. V., Zaitsev A. G. Some issues of the use of firearms by employees // Eurasian Law Journal. – 2022. – No. 1 (164). – S. 417-418. – EDN LFXGWW.
2. Muzafin R. R. On the legal protection of police officers who used service firearms // Eurasian Law Journal. – 2017. – No. 6 (109). – S. 229-230. – EDN ZDETRL.
3. Taran A. N., Ogryza A. V., Taran K. A. The problem of self-defense characteristics in Russian legislation // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 444-445. – EDN VXWVTF.
LAW ENFORCEMENT
TARAN Alexander Nikolaevich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
OGRYZA Alexander Vitaljevich
Head of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TARAN Kirill Alexandrovich
cadet of the V.Ya. Kikot Moscow University of the MIA of Russia
THEORETICAL FOUNDATIONS OF A PRACTICE-ORIENTED APPROACH TO FIRE TRAINING OF RUSSIAN MIA EMPLOYEES
The article discusses the issues of a practice-oriented approach to training the employees of the Ministry of Internal Affairs of Russia in firearms training, the stages of training in the possession of firearms, taking into account the impact of a stressful situation on mental abilities, its performance, memory, motor reactions, and identifies the main directions in training that allow the employee to adapt as quickly as possible to high stress loads when using firearms.
Keywords: training, aiming, working capacity, memory, training, weapons, preparation.
Reference bibliographic list
1. Organization of fire and physical training in the internal affairs bodies: a course of lectures / Ed. A. R. Kosikovsky, A. A. Vinogradov. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2021.
2. Taran A. N., Sorokousov A. V., Popov A. A. Training of police officers for the use of service weapons during service. , Krasnodar, February 15, 2022. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. – P. 419-423. – EDN BHHPBQ.
LAW ENFORCEMENT
MAGOMEDALIEV Aliyullakh Magomedalievich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
UDILOV Timofey Vasiljevich
Ph.D. in technical sciences, associate professor, Head of the Research and Editorial and Publishing Department of the East Siberian Institute of the MIA of Russia, Irkutsk
VINOKUROV Vitaly Nikolaevich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Urals, Tyumen
PSYCHOLOGICAL TRAINING OF LAW ENFORCEMENT OFFICERS IN THE USE OF FIREARMS
Psychological preparedness of a law enforcement officer, as one of the types of professional training, is an integral factor that allows you to effectively and efficiently overcome the difficulties that arise during the passage of official activity. The very use of firearms is accompanied by the appearance of emotional instability, stress for a police officer. And along with critical, extreme situations, the use of firearms is often conditioned as illegal, unjustified and incorrect actions of an internal affairs officer. Within the framework of this article, the essence, content and role of psychological training of law enforcement officers in the use of firearms are determined, as a rule, in those situations that are accompanied by an increased level of stress and tension.
Keywords: law enforcement agencies, police officer, professional training, psychological preparedness, method of autogenic training and concentration, use of firearms, real conditions.
Reference bibliographic list
1. Inozemtsev S.V. Engaging in shooting sports as a way to overcome the psychological barrier before the use of firearms by police officers // Nauka-2020. – 2021. – No. 2 (47). – S. 25-28. – EDN GUSSAK.
2. Altunin A. Yu., Mulyanova S. P. Psychological and psychophysiological readiness for the use of weapons // Improving fire and tactical-special training of law enforcement officers: Collection of materials of the All-Russian Conference, Oryol, May 21, 2021. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2021. – P. 15-19. – EDN IRWYPP.
3. Durnev A. I. Actual problems of fire training of employees of internal affairs bodies // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2017. – No. 4 (73). – S. 107-110. – EDN ZVZSOV.
4. Altunin A. Yu. Features of the use of weapons by police officers in modern conditions // Modern Science. – 2020. – No. 1. – P. 48-50. – DOI 10.53039/2079-4401.2020.1.1.012. – EDN JZKWZY.
5. Frolenkov V. N. Some questions of the psychological training of the shooter // Science-2020. – 2021. – No. 2 (47). – S. 54-58. – EDN XZMIMB.
LAW ENFORCEMENT
SHULGIN Andrey Alexandrovich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
ACTIVITIES OF LOCAL POLICE COMMISSIONERS FOR THE PREVENTION OF OFFENSES IN THE FAMILY AND HOUSEHOLD SPHERE
The article deals with the issues of the activities of local police commissioners for the prevention of offenses in the family and household sphere. The author highlights the legal basis, features and content of the preventive activities of this unit in the modern life of society. The analysis of normative legal acts regulating preventive work in the field of family and household relations is carried out, on the basis of which the author comes to the conclusion about the imperfection of the legislative framework, in connection with which measures are proposed to improve it .
Keywords: district police commissioner, prevention, offenses, conflict, family and household relations, preventive accounting, individual preventive work, administrative responsibility, criminal responsibility.
Reference bibliographic list
1. Beccaria Ch. About crimes and punishments. – M .: Firm “Stealth”, 1995. – P. 230.
2. Dolgova S. I., Kostin S. G. Internal affairs bodies (police) in the system of prevention of administrative offenses in the family and household sphere. – Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2022. – P. 50.
3. Podchernyaev A. N. et al. Prevention of crimes and administrative offenses by internal affairs bodies: textbook. – Oryol: Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2021. – P. 9.
4. Baryshnikov M. V., Vislobokova D. V. Activities of precinct police officers in the implementation of the prevention of offenses in the sphere of family and domestic relations // Modern Science. – 2022. – No. 1. – P. 57-59.
5. Volosova N. Yu., Zhurkina O. V., Filippova E. O. The problem of family (domestic) violence during the fight against a new coronavirus infection: prevention issues // Russian Justice. – 2021. – No. 1. – P. 49-51.
6. Egorov R. P., Grigorievsky M. V. Actual problems of the activities of district police officers for the prevention of offenses in the field of family and domestic relations // Actual issues of public order and administrative police activity: Materials of the interdepartmental scientific and practical conference, Volgograd, 18 June 2021. – Moscow: LLC “Publishing house “Sputnik +”, 2021. – P. 105-109.
LAW ENFORCEMENT
GOLYANDIN Nikolay Petrovich
Ph.D. in Law, professor of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SHERIEV Alberd Malilevich
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, police lieutenant colonel
FORMATION AND DEVELOPMENT OF THE FIRST CYNOLOGICAL EDUCATIONAL INSTITUTION OF THE OGPU OF THE USSR IN THE NORTH CAUCASUS
The article provides a chronology of historical events of one of the oldest educational institutions in the North Caucasus of the system of the Ministry of Internal Affairs of the Russian Federation – the North Caucasus Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia (branch) of the Krasnodar University of the Ministry of Internal Affairs of the Russian Federation from the moment of formation and development as a cynological educational institution. An analysis is made of the activities of employees and cadets in solving crimes using spy dogs. It also reveals the training of cadets in combat tactics in order to perform operational tasks to combat saboteurs, bandit groups, deserters and accomplices of the enemy on the territory of Kabardino-Balkaria during the Great Patriotic War.
Keywords: educational institution, training, professional level, operational activities, police, employee, dog breeding school, war, crime, spy dog.
Reference bibliographic list
1. Golyandin N. P., Mashekuasheva M. Kh. Activities of the internal affairs bodies of Kabardino-Balkaria during the Great Patriotic War // Gaps in Russian legislation. – 2018. – No. 4. – P. 97-100
2. Book of orders for the Nalchik school-kennel of service dog breeding of the NKVD of the USSR for 1943, inv. No. 1. C. 2.
3. Order of the head of the Nalchik Police School of the Ministry of Internal Affairs of the USSR “On the teaching of subjects and the workload of teachers in the 1956-1957 academic year.” Book of orders for the Nalchik school-kennel of service dog breeding of the NKVD of the USSR for 1956, inv. No. 27.
4. Chronicle of glorious deeds / Ed. ed. Z. L. Shkhagapsoeva, N. P. Golyandina. – Stavropol: Argus, 2017. – 336 p.
5. Personal file of police lieutenant Ivanov ID Archive of the Information Center of the Ministry of Internal Affairs for the Kabardino-Balkarian Republic.
6. Shkhagapsoev Z. L., Golyandin N. P., Shipilov V. I. Three quarters of a century at the foot of Elbrus. History of the Nalchik police school. – Nalchik: El-Fa, 2007. – 400 p.
LAW ENFORCEMENT
YACHMENEV Sergey Petrovich
lecturer of Physical training sub-faculty of the Rostov Law Institute of the MIA of Russia
MIRZOEV Aziz Rafikovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
ARUTYUNYAN Vagan Nikolaevich
lecturer of Physical training of the sub-faculty of the UNK SP of the V. Ya. Kikot Moscow University of the MIA of Russia
WAYS AND METHODS OF IMPROVING PHYSICAL FITNESS OF LAW ENFORCEMENT OFFICERS
Physical training of law enforcement officers is the general condition of a person, which reflects his physical qualities, emotional and mental stability, moral and volitional education. Improving the general professional training of a police officer is impossible without physical training, due to the fact that, as a rule, the effectiveness and efficiency of solving service and combat tasks, timeliness and responsiveness to emerging circumstances, as well as readiness to reflect internal and external threats depend on the level of physical development. This article presents a comprehensive analysis of the prevailing methods and ways to improve the physical fitness of law enforcement officers. The goals, general and special tasks are determined taking into account the circumstances and conditions are identified, the most relevant and necessary methods and ways of improving physical development are determined.
Keywords: physical training, physical education, ways and methods of improving physical training, police officers, law enforcement agencies.
Reference 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: 01/16/2023).
2. Theory and methodology of physical education: a textbook for physical education institutes / ed. Matveeva L.P. and Novikova A.D. Second edition (in two volumes). – M.: Physical culture and sport, 1976.
3. Stepanov G. I., Babin A. V., Zinnatov R. R. Actual problems in the formation of professional skills in the performance of combat techniques of struggle among employees of internal affairs departments // Eurasian Legal Journal. – 2021. – No. 2 (153). – S. 373-374. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=45559080 (date of access: 01/16/2023).
SAFETY AND LAW
ABAZOV Andemirkan Borisovich
Ph.D. in Law, associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
FAYRUSHIN Timur Alikovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
CHAICHENKO Dmitriy Vladimirovich
senior lecturer of Fire training sub-faculty of the Volgograd Academy of the MIA of Russia, captain of police
CYBERTERRORISM IS A NEW THREAT TO CIVIL SOCIETY
The phenomenon of cyberterrorism is connected with the development of the Internet. The more users use the network, the more vulnerable objects appear. Cyberterrorists can distribute malware that helps them gain access to data or take control of certain devices, such as computers located in government agencies, medical institutions, and transport organizations. This makes it possible not only to obtain information, but also to intervene in the management of processes, to inflict not only informational, but also material harm. It is concluded that cyberterrorism is a new type of crime for the whole world. It represents a high level of danger to the national security of any state. The problem is global for many countries, so the fight against it is a priority.
Keywords: cyberterrorism, cyberwar, cybercrime, cybersecurity, civil society, national security.
Reference bibliographic list
1. Abazov I. S. On ways to counteract cyberterrorist threats // Journal of Applied Research. – 2022. – V. 2. – No. 6. – P. 178-181.
2. Amirova D.K., Gabdrakhmanova R.I. Cyberterrorism as a modern threat to the security of citizens // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – V. 6. – No. 2 (12). – P. 126-131.
3. Zhukov A. Z. Improving the tools for counteracting cyberterrorism in modern conditions // Gaps in Russian legislation. – 2021. – T. 14. – No. 5. – P. 123-128.
4. Kobets P. N. Cyberterrorism as the most important threat to national security // National Security and Strategic Planning. – 2022. – No. 1 (37). – P. 23-28.
5. Malaev A. Kh. On the current problems of counteracting cyberterrorist threats in the context of digital transformation // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – P. 214-218.
6. Teuvazhukov A. Kh., Khitieva A. Zh. Committing cyberterrorist crimes on the Internet: ways to detect and counteract // Journal of Applied Research. – 2022. – V. 1. – No. 9. – S. 72-75.
7. Khamurzov A. T. Cyberterrorism: new challenges and countermeasures // Journal of Applied Research. – 2021. – No. 3-2. – P. 74-77.
8. Tsrimov A. A. Features of the use of digital technologies in counteracting cyberterrorism // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – P. 145-148.
SAFETY AND LAW
ALEKSEEV Yuriy Grigorjevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia, major of police
PROBLEMS OF THE USE OF PHYSICAL FORCE AND FIREARMS BY A POLICE OFFICER
The relevance of this topic lies in the fact that the analysis of specialized literature and regulatory legal acts, as well as the practice of the work of internal affairs bodies show the significant role of the use of physical force and firearms in the prevention and suppression of administrative offenses and crimes. The emergence of problems originates from ignorance of the regulatory framework by police officers and a low level of professional and physical training to non-compliance with security measures and fear of.
Keywords: use of physical force and firearms, Federal Law “On Police”, group and armed attack, police officer, Ministry of Internal Affairs, weapons to protect life.
Reference bibliographic list
1. The Constitution of the Russian Federation: adopted by popular vote on December 12, 1993, subject to amendments made by the Law Ros. Federation on amendments to the Constitution Ros. Federation of July 21, 2014 No. 11-FKZ / Collected. legislation Ros. Federation. – 2014.
2. Brief description of the state of crime in the Russian Federation for January – December 2021 years old. [Electronic resource]. – Access mode: https://mvd.rf/reports/item/28021552/
3. Dissertation of the candidate of legal sciences Urazalina I. M.: “Criminal legal and criminological aspects of the use of physical force, special means and firearms by employees of the internal affairs bodies: Based on the materials of the Astrakhan region”, 2019.
4. Scientific article by Vankov A.V., majoring in Law: Actual problems of the use of firearms by police officers, 2019.
5. Kaplunov A. I. The use of firearms by police officers: legislation, theory and practice: monograph / Ministry of Internal Affairs of Russia, St. Petersburg University. – St. Petersburg: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2018.
6. Federal Law No. 3-FZ of February 7, 2011 (as amended on December 21, 2021) “On the Police”: Chapter 5. Use of physical force, special means and firearms.
SAFETY AND LAW
GUSEYNOV Amirdzhan Akhmedovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KARELKIN Evgeniy Nikolaevich
Ph.D. in sociological sciences, associate professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
SHABAEV Vadim Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
IDENTIFICATION OF THE FACTORS OF RADICALIZATION OF YOUTH AS AN IMPORTANT COMPONENT IN THE FIGHT AGAINST EXTREMISM
With the development of information technology, it is easier becoming to lure people into the activities of illegal organizations. With the help of various Internet resources, anonymous and easy recruitment of vulnerable segments of the population is provided, a special place among which is occupied by young people. The Ministry of Internal Affairs of the Russian Federation, state authorities and local governments are currently actively focused on combating extremism among young people, and this is one of the priorities. The problem of creating a scientific and methodological basis for developing additional effective measures to counter the radicalization of Russian youth is urgent. One of the ways to solve it is to determine the factors influencing the radicalization of the youth environment.
Keywords: threat to national security, extremism, youth, radicalization, factor, counteraction.
Reference bibliographic list
1. 66% of extremist acts are committed online. – [Electronic resource]. – Access mode: https://pravo.ru/news/233081/ (date of access: 01/06/2023).
2. Efimova T. V. Internet as an environment for the socialization of a modern personality // In the world of scientific discoveries. – 2013. – No. 5-4 (41). – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=20269648 (date of access: 01/10/2023).
3. Internet mechanisms of involvement in extremist communities as a threat to the socialization of modern youth / Yu. – 2019. – T. 16. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internet-mehanizmy-vovlecheniya-v-ekstremistskie-soobschestva (date of access: 01/04/2023).
4. Kozlova N. Head of the Investigative Committee – about the causes of cruel crimes of teenagers. – [Electronic resource]. – Access mode: https://rg.ru/2021/12/28/glava-sledstvennogo-komiteta-o-prichinah-zhestokih-prestuplenij-podrostkov.html (date of access: 01/06/2023).
5. Minakov A. V. Some psychological properties and features of the Internet as a new layer of reality. – [Electronic resource]. – Access mode: http://www.flogiston.ru/articles/netpsy/minakov (date of access: 01/10/2023).
6. The use of information technology in the prevention of extremism among the youth: a teaching aid / ed. ed. V. L. Nazarova. – Yekaterinburg: Ural Publishing House. un-ta, 2021. – [Electronic resource]. – Access mode: https://elar.urfu.ru/bitstream/10995/106480/3/978-5-7996-3380-6_2021.pdf.pdf (date of access: 01/10/2023).
7. Extended meeting of the collegium of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/67795 (date of access: 01/04/2023).
8. Stolyarenko E. V. Factors of youth radicalism in Russia // Theory and practice of social development. – 2011. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/faktory-molodezhnogo-radikalizma-v-rossii (date of access: 01/04/2023).
9. Sundiev I. Yu., Smirnov A. A. “Toxic” content on the Internet and its impact on the radicalization of youth // Scientific portal of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/toksichnyy-kontent-v-seti-internet-i-ego-vliyanie-na-radikalizatsiyu-molodezhi (Date of access: 01/05/2023).
SAFETY AND LAW
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences senior 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
ROMANOV Anton Alexandrovich
Ph.D. in Law, Head of Fire training and special tactical training sub-faculty of the Ufa Law Institute of the MIA of Russia, colonel of police
OGORODNIKOV Maxim Anatoljevich
Ph.D. in biological sciences, associate professor of Activities of the internal affairs bodies in special conditions sub-faculty of the Omsk Academy of the MIA of Russia, senior lieutenant of police
INFORMATION WARS IN THE MODERN WORLD: ESSENCE AND MAIN FORMS OF MANIFESTATION
In modern society, not only the functioning of state structures is changing, public institutions are also changing forms of struggle. Large-scale digitalization provoked the emergence of such a thing as “information war”. Information has become the most important resource for the development of modern states. As information resources develop, new forms of information warfare appear. Military operations are carried out advantageously using modern innovative and technical resources, and information becomes one of the vulnerable resources. The article presents an overview of the main forms of information warfare and an analysis of the features of information warfare in comparison with traditional forms of confrontation. Information security is an essential component of national security, and information wars cause significant damage. Minimization of risks in the current situation is the task of state bodies. The policy being developed to counter information threats should be guided by new forms of information warfare.
Keywords: information warfare, confrontation, information security, information protection, national security, counteraction, information system, state, mass media.
Reference bibliographic list
1. Bukharin S. N. Methods and technologies of information wars. – Moscow: Academic Project, 2020. – 382 p.
2. Voronova O. E. Modern information wars: strategies, types, methods, techniques. — Moscow: Aspect Press, 2021. — 176 p.
3. Voronova O. E. Modern information wars: typology and technologies: monograph. – Ryazan: Russian State University named after S.A. Yesenina, 2018. — 188 p.
4. Dvoryankin O. A. Information warfare on the Internet // Young scientist. – 2021. – No. 6 (348). — P. 146-151.
5. Tsyganov V. V. Information wars in business and politics: Theory and methodology – Moscow: Academic Project, 2020. – 336 p.
SAFETY AND LAW
KOVALENKO Eduard Vitaljevich
Lecturer of the Department of law enforcement organization of the North Caucasus Institute of advanced training (branch) Krasnodar University of the Ministry of Internal Affairs of Russia, senior police lieutenant
MALAEV Azret Khusenovich
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
TO THE QUESTION OF THE WAYS OF COMMITTING CYBER FRAUD
Fraud has a long history of existence, because back in 66 BC. “dolus” – deceit, fraud was included in a number of torts in Roman law. Currently, along with the development of information technology, there is an active evolution of crime and, in particular, cybercrime. There are more and more methods, techniques and practices for committing crimes in the information environment, the main of which is fraud (cyber fraud).
Keywords: crime, fraud, cybercrime, way, phishing, cyberfraud.
Reference bibliographic list
1. Aksenov V. A., Molchanova T. V. Personality features of a modern Internet fraudster in the mechanism of individual criminal behavior // Journal of Criminology, 2020. No. 4. P. 80.
2. Apolsky E.A., Tvorogova A.S. The concept, types of cybercrime and methods of combating it // Collection of scientific papers based on the materials of the Interuniversity Scientific Conference with International Participation “State Studies in the 21st Century: the Era of Challenges and Changes” / Ed. by the general edition of the candidate of legal sciences, professor Magomedov B. M.
3. Cybercrime and cyber conflicts in Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru/index.php/ Article: Number_of_cybercrimes_in_Russia (accessed: 21.08.2022)
SAFETY AND LAW
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational-investigative activity of internal affairs bodies sub-faculty of the Ufa Law Institute of MIA of Russia
MODERN EXTREMISM AND MEASURES TO COUNTER IT
Modern extremism acquires the features of a significant national threat to the country’s security, which threatens the interests of specific citizens, the peaceful coexistence of states in general. The events that have been taking place in Ukraine for more than eight years testify to the activities of criminal groups that promote superiority over other nations, hatred, violence and Russophobia. As a result, there is a psychological self-affirmation of one part of the country’s population through the actual extermination of the country’s population in the south-east of Ukraine. Extremism is one of the objects of close attention for the internal affairs bodies.
Keywords: extremism, nationalism, radicalism, countering extremism.
Reference bibliographic list
1. Baranov V. V., Isaev E. A. On the legal regulation of the activities of internal affairs bodies to counteract extremist manifestations in the information space // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (54). – P. 14-20.
2. Makarevich I. A. To the question of the relationship between the concepts of “terrorism” and “extremism” in the modern world // Youth, science, and civilization: materials of the international scientific conference. – 2021. – S. 392-394.
3. Schukina E. L. Extremism and youth extremist subcultures: towards the conceptualization of concepts // Strategy for countering extremism: materials of the interdepartmental scientific and practical conference. Moscow. – 2021. – S. 226-229.
SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ZAYTSEV Andrey Gennadjevich
lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
KHOROLSKIY Vladimir Vitaljevich
Ph.D. in pedagogical sciences, senior lecturer, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
ARTIFICIAL INTELLIGENCE: CURRENT STATE
This article is dedicated to the role, place and topical issues of the use of artificial intelligence in the modern world. The authors touch upon global problems of a legislative, legal and ethical nature that arise during the operation of systems with high-tech characteristics. The purpose of the work is to show that the development and implementation of artificial intelligence imposes high responsibility, including criminal and moral, on society.
Keywords: artificial intelligence, legal status, ethical characteristics, concepts of artificial intelligence, assigning responsibility to the user, manufacturer, creator.
Reference bibliographic list
1. Lapunin M. M. Circumstances precluding criminality of the act, and scientific and technical progress // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. – 2017. – No. 6 (62). – S. 81-87.
2. Murtazin A. I., Kovalev T. V., Bulatov D. V. Problems of legal personality of electronic persons // Eurasian Law Journal. – 2022. – No. 1 (164). – P. 437-438.
3. Morhat P. M. To the question of the specifics of the legal regulation of artificial intelligence and some legal problems of its application in certain areas // Law and Law. – 2018. – No. 6. – P. 63-67.
4. Gazizov R. R. Law and information law in the context of interaction with artificial intelligence: socio-philosophical aspect // Eurasian legal journal. – 2018. – No. 2 (117). – S. 398-401.
SAFETY AND LAW
NIKORYAK Vasiliy Vasiljevich
lecturer of Crisis management and evaluation sub-faculty of the Ural Mining University
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
ISOMORPHISMS AND POLYMORPHISMS IN THE FORMATION OF ANTI-CORRUPTION VALUES AMONG STUDENTS OF FUTURE LAWYERS
To date, the problem of combating corruption remains particularly relevant and, as domestic experience shows, it is not solved only by toughening the punishment. Unfortunately, as world experience shows, there are no unambiguous recipes for getting rid of such a negative phenomenon. The problem of combating corruption in Russian society should be considered on the basis of the study of the nature of its formation and spread as a social phenomenon that characterizes the relationship between people in a certain historical context.
Keywords: corruption, interactivity in learning, value and self-confrontation, isomorphic, polymorphic knowledge.
Reference bibliographic list
1. Hermans Hubert J.M. Personality as a motivated storyteller, the theory of valuation and the method of self-confrontation / Per. from English. D. A. Kutuzova and F. I. Barsky. Hermans H.J.M. (2002) The person as a motivated storyteller: Valuation theory and the self-confrontation method. InR. A. Neimeyer, & G. J. Neimeyer (Eds.), Advances in personal construct psychology: New directions and perspectives (pp. 3-28). Copyright (c) (2002) by Praeger Publishers. All rights reserved. Reproduced with permission of Greenwood Publishing Group, Inc., Westport.
2. History of Russia. – [Electronic resource]. – Access mode: https://ok.ru/khonos?st.layer.cmd=PoplayerClose.
3. Dictionary of foreign words. − M.: AST; Mn. Harvest, 2005. – 1152 p.
4. Andyusev B.E. Case method as a tool for the formation of competencies // Principal of the school. – 2010. – № 4. – P. 61-69.
5. Dolgorukov A. M. Workshop on general sociology: textbook. manual for universities / Ed. N. I. Lapina. – M .: Higher. school, 2006. – 296 p.
6. Popova (Smolik) S. Yu., Pronina E. V. The case-study method and its use in education // Interactive education: Proceedings of the All-Russian Scientific and Practical Conference. – Moscow, Moscow State University. M. V. Lomonosov, June 29, 2012. – M., 2012.
7. Dneprov S. A. Khilyuk S. O. Isomorphisms and polymorphisms in the formation of socio-pedagogical rehabilitation competence of future police officers // Municipal education: innovations and experiment. – 2021. – No. 4 (79). -WITH. 12-19.
SAFETY AND LAW
TOKBAEV Ayub Amerbievich
Ph.D. in economical sciences, senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training of the (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SHOMAKHOV Anzor Kanshobievich
Ph.D. in Law, Deputy Head of the Department of the MIA for the Kabardino-Balkarian Republic, lieutenant colonel of police
INFORMATION TERRORISM AS A GLOBAL PROBLEM OF OUR TIME
Terrorism has long been the key to influencing society, public opinion and public authorities. However, in modern society there is no place for terrorism and humanity is directed sharply negatively towards it. This is mainly due to the fact that humanity has experienced two world wars, which led to economic destabilization throughout the world, colossal human casualties and, of course, excessive cruelty. However, in modern society there is no place for terrorism and humanity is directed sharply negatively towards it. One of the manifestations of modern terrorism is information terrorism, which for terrorists and terrorist organizations is a new form of committing terrorist acts and campaigning in society. Terrorism from the underground, when agitation of new members in terrorist groups and cells was carried out away from prying eyes and ears, and law enforcement agencies learned about the impending terrorist attack literally before they were committed, moved to the media and the Internet. It follows from this that in recent years terrorism has been firmly entrenched in the information field and very skillfully uses its capabilities to achieve its goals.
Keywords: information terrorism, destabilization, misinformation, prevention, counteraction.
Reference bibliographic list
1. Baiganova I. S., Rodionova O. R. Extremism and terrorism – a threat to Russia’s national security: informational extremism // In the collection: Problems and prospects for the development of the penitentiary system of Russia at the present stage. materials of the All-Russian scientific conference of students and young scientists with international participation. Samara Law Institute of the Federal Penitentiary Service of Russia. – Samara, 2022. – P. 51-53.
2. Zhukov A. Z. Information terrorism in the modern world: developing a counter strategy // Eurasian Law Journal. – 2020. – No. 10 (149). – P. 416-418.
3. Ishdavletov R.N. Information terrorism // In the collection: Information technologies for ensuring integrated security in a digital society. Collection of materials of the III All-Russian Youth Scientific and Practical Conference. Rep. editor A. S. Ismagilova. – 2020. – S. 191-194.
4. Lyashenko V. R. Information terrorism as a threat to Russian statehood // In the collection: Issues of activities of services and divisions of internal affairs bodies of the Russian Federation. Collection of articles of the university scientific-practical conference. – 2021. – P. 123-127.
5. Strebkova A. A. Informational terrorism // Issues of Russian justice. – 2020. – No. 9. – P. 1016-1021.
6. Tarchokov B. A. Counteracting the spread of extremism on the Internet // Education and Law. – 2022. – No. 1. – P. 186-189.
SAFETY AND LAW
ABAZOV Islam Sultanovich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
MAGOMEDOV Murad Nasrullaevich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE EMERGENCE AND DEVELOPMENT OF TERRORISM AS A METHOD OF POLITICAL STRUGGLE
Terrorism is aimed at expressing one’s dissatisfaction and hostility towards the state and laws, thereby providing an opportunity to influence the authorities so that, mainly under a sense of fear, they begin to soften laws and attitudes towards people. Among the first historical events that have survived to this day and have signs of manifestation of terrorism is the Jewish sect, whose activity was to actively resist the unification and obedience of the Roman Empire. Another group that was created and provided by a person to eliminate their political competitors is the Order of hired killers – the Assassins. In the modern world, one of the vivid terrorist cells is the Taliban movement, which is a radical Islamist movement, recognized as a terrorist organization by many countries, including Russia. Having conducted a historical overview of the development of terrorism in this study, we came to the conclusion that both modern and early terrorism have a great similarity, which lies in the use of the ideology of violence. This ideology becomes an instrument of a terrorist group, which literally gets rid of all its opponents and single-handedly comes to power, as we would say today illegitimately.
Keywords: terrorism, the ideology of violence, the Jewish sect, the Order of the Assassins, the Taliban.
Reference bibliographic list
1. Abazov I. S., Voskoboev A. I. Extremism and terrorism as products of globalization // Eurasian Law Journal. – 2021. – No. 8 (159). – P. 214-216.
2. Gedgafov M. M., Kurmanova M. K. Terrorism: historical path and true nature // Journal of Applied Research. – 2022. – Vol. 2. – No. 9. – P. 133-136.
3. Magomedov MN Nature and variability of modern terrorism // Eurasian legal journal. – 2022. – No. 7 (170). – P. 414-415.
4. Prosvirkina K. S., Khokhlov N. I. Factors that determine the emergence and development of terrorism // In the collection: Actual problems of countering the ideology of terrorism and extremism in modern society. Materials of city scientific-practical conference. – 2018. – P. 148-150.
5. Tarchokov B. A. International terrorism as a form of reaction to the overestimated dynamics of the globalization of society // Gaps in Russian legislation. – 2020. – T. 13. – No. 5. – S. 145-148.
6. Tsrimov A. A., Kuchmezov A. N. The origin of terrorism and forms of its manifestation to the present day // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 27-30.
SAFETY AND LAW
MIRONOVA Daria Mikhailovna
magister student of the Institute of Law of the Pacific National University
VALEEV Erken Nauruzbaevich
lecturer of State and legal disciplines sub-faculty of the Institute of Law of the Pacific National University
ABOUT ENSURING THE COMPLIANCE OF MUNICIPAL LEGAL ACTS WITH THE NORMS OF FEDERAL AND REGIONAL LEGISLATION
The article depicts to possible causes of legal defects in the process of implementing municipal law-making and features of ensuring the compliance of municipal regulatory legal acts with the norms of federal and regional legislation. The authors identified some violations of the principle of legality by the representative bodies of local self-government in the field of their law-making competence and formulated proposals for their elimination.
Keywords: municipal legal act, local self-government bodies, public authority, municipal law-making, defect, defectiveness, hierarchy, legality, law, municipal formation, reasons.
Reference bibliographic list
1. Andreev D.S. The concept of a defective administrative-legal act // Administrative law and process. – 2010. – № 6. – S. 12-14.
2. Ivanova A. Yu. Problems of rulemaking of local governments and the possibility of modern informationmation technologies // Legal informatics. – 2012. – № 2. – P. 3.
3. Malko A. V., Gaivoronskaya Y. V. Theory of legal acts: necessity and ways of creation // State and law. – 2012. – № 2. – S. 15-24.
STATE AND LAW
ANISIMOVA Valentina Antonovna
Ph.D. in pedagogical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) of the Moscow Polytechnic University
ANISIMOVA Anna Mihailovna
Ph.D. in Law, associate professor of the Legal Disciplines Department of the Non-State Educational Institution of Higher Education of the Moscow financial and industrial University “Synergy”, associate professor
ZOTOVA Karina Valerjevna
Ph.D. in sociological sciences, associate professor of Philosophy and history sub-faculty of the Academy of FPS of Russia
FROLOVA Svetlana Vladimirovna
Ph.D. in economical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) Moscow Polytechnic University
ABOUT SOME ASPECTS OF STUDENT GOVERNANCE WORK IN THE HIGHER EDUCATION INSTITUTION
The publication identifies certain problems in the work of student government. As an effective factor solving this rather complex problem, one of the established areas of extracurricular educational work with students, based on historical and local history material, is presented. The form of student self-government is considered in the practical interpretation of extracurricular activities that combine patriotic and career guidance.
Keywords: extra-curricular forms of educational work, student self-government, cultural sphere.
Reference bibliographic list
1. Agarev A., Murog I. Ryazan steps of Tsiolkovsky. Ryazan, 2017.
2. Boyko Zh. V. Pedagogical conditions for the use of cultural knowledge in the educational process of a technical university // Problems of integration of Russian education and the world educational space. Khabarovsk: Ed. DVGUPS, 2008. V. 4. S. 175-178.
3. Bulychev N. N. Strong traditions of the Polytechnic // Blagovest. 2016. No. 9.
4. Vozdvizhensky T. Historical review of the Ryazan province. Ryazan, 1995.
5. Vozdvizhensky T. Ryazan encyclopedia. Ryazan: Press, 1992.
6. Dobrolyubov V., Yakhontov S. Bibliographic dictionary of writers, scientists and artists, natives of the Ryazan province. Ryazan, 1995.
7. Ekimetsky V. Gymnasium. M.: “INDRIK”, 2012.
8. Historical notes of the Ryazan 1st male gymnasium. Ryazan, 1995.
9. Krasnogorskaya I., Chugunov S. House on Bolshaya Street. M., 1985.
10. Matveychik A. Flight predicted by Tsiolkovsky // Regional Ryazan newspaper. November 29, 2018.
11. Minaeva N. The town of Belyakov is still a dream // Novaya Gazeta. May 23, 2019.
12. Celebration of the 800th anniversary of the city of Ryazan on September 20-22, 1895 (1095-1895). Ryazan, 1995.
13. Rasskazova A. V. Self-realization of the student’s personality. M.: Specialist, 2000. No. 11. S. 24-28.
14. Ryazan encyclopedia. Reference material. Volume 5. Ryazan, 1992.
15. Code of monuments of architecture and monumental art of Russia. Ryazan Oblast. Part 1.
16. Sevostyanova V. A. S. Ershov laid the foundations of engineering education in Russia // Ryazanskiye Vedomosti. September 14, 2018.
18. Smirnov S.D. Teaching and education in higher education. M., 2001. P. 134.
19. Sokolov D. The flight that went down in history // Ryazanskiye Vedomosti. 2018.
20. Solodovnikov D. Pereyaslavl Ryazansky. The past of Ryazan in the monuments of antiquity. Ryazan, 1995.
22. Khibarin D. From gymnasium students to rectors // Ryazanskiye Vedomosti. 2016. July 1. S. 20.
PEDAGOGY AND LAW
KANOKOVA Lyana Yurjevna
lecturer of Special technical preparation sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
THE NEED FOR PEDAGOGY IN THE ACTIVITIES OF EMPLOYEES OF THE INTERNAL AFFAIRS
Pedagogy in the course of the work of police officers is a section related to professional pedagogy. Professional pedagogy is a science that considers professional growth in education at various levels (primary, secondary, higher), includes a variety of methods and forms of work, advanced training, and various content. The subject of professional pedagogy is the process of formation of professionally significant qualities for the employee, as well as the general pedagogical system that monitors the development of the individual, purposefully influencing it.
Keywords: professional pedagogy, pedagogical activity, internal affairs bodies, police officers, pedagogical direction.
Reference bibliographic list
1. Slizkova E. V., Derecha I. I. Pedagogy of additional education. The method of work of the counselor: a textbook for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2021. – P. 88.
2. Nagoeva M. A., Urumov A. V. Formation of professional thinking and career guidance of students for training in a pedagogical university // Problems of modern pedagogical education. – 2018. – No. 60-1. – S. 196-200.
3. Slastenin V. A. Psychology and pedagogy in 2 hours. Part 1. Psychology: a textbook for universities / [and others]; under the general editorship of V. A. Slastenin, V. P. Kashirin. – Moscow: Yurayt Publishing House, 2021. – P. 67.
4. Kanokova L. Yu. Pedagogical directions (aspects) in the activities of the head of the Department of Internal Affairs // Law and State: Theory and Practice. – 2022. – No. 4 (208). – P. 173-174.
PEDAGOGY AND LAW
LANG Petr Petrovich
Ph.D. in Law, associate professor, professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
KOROTAEVA Tatyana Vasiljevna
Ph.D. in historical sciences, associate professor, associate professor of Sociology and psychology sub-faculty of the Samara State University of Economics
TRAINING OF LAW ENFORCEMENT SPECIALISTS: CURRENT STATE AND PROSPECTS
The article provides an analysis of the opinions of domestic researchers on the training of specialists in the field of law enforcement. The features of the educational process in higher educational institutions of a legal profile are revealed. The main problems that do not allow students to form the necessary professional skills and competencies are identified. A set of measures is presented to resolve them, considering the requirements of today.
Keywords: educational process, educational trajectory, teaching, teaching psychology, law enforcement.
Reference bibliographic list
1. Nagarokov Yu. N. Vocational training of legal professionals at the university: new requirements and modern approaches // Bulletin of the Maikop State Technological University. 2019. No. 4. P. 105-112.
2. Repetskaya A. L. Training of lawyers: quality issues // Izvestiya BGU. 2005. No. 2. P. 81-83.
3. Yarkov V.V., Dolganichev V.V. Training of specialists in legal areas in the context of the development of collective forms of judicial protection // PNiO. 2020. No. 6 (48). pp. 136-153.
PEDAGOGY AND LAW
MATVEEV Stanislav Stanislavovich
Ph.D. in sociological sciences, associate professor of Physical education sub-faculty the Ufa University of Science and Technology
ALGUSHAEV Fail Nurovich
senior lecturer of Physical education sub-faculty the Ufa University of Science and Technology
IVANOV Igor Vladimirovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
METHODS OF TEACHING PHYSICAL TRAINING WITH THE USE OF SERVICE-APPLIED SPORTS
The article describes the main physical qualities that need to be developed in order to improve physical fitness. A methodology for teaching physical training with the use of service-applied sports has been developed. The most effective physical exercises suitable for physical improving readiness are described. The relevance of this topic is reinforced by the fact that during the classes in physical education, the number of injuries received by students has increased. The abstracts of the article will be useful for both experienced teachers and beginners. The methodology proposed by us aims to improve the physical form of students and minimize injuries in the classroom.
Keywords: pedagogical, teaching methods, physical training, sports, physical qualities.
Reference bibliographic list
1. Matveev S. S., Krivosheev M. A., Merzlyakov D. M. Fundamentals of physical culture and health technologies in the process of physical education of students of a higher educational institution // XVI International Scientific and Practical Conference “Actual Problems of Physical Culture, Sports and Tourism” dedicated to the 90th anniversary of FGBOU VO “USATU”. – Ufa, 2022. – P. 398-403.
2. Matveev A. S., Mirzoev A. R., Magomedaliev M. M., Babin A. V., Zinnatov R. R. Service and applied physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Physical culture and sport in system of higher education: materials of the VIII International Scientific and Methodological Conference. – Ufa: UGNTU, 2020. – P. 210.
3. Matveev A. S., Abdrakhmanov E. V., Nukhov R. R. Aerobic and anaerobic endurance of students in educationnyh organizations of the system of the Ministry of Internal Affairs of Russia // Actual problems of physical culture, sports and tourism: Sat. tr. Int. scientific-practical. Conf., March 21-23, 2019. – Ufa: UGATU, 2019. – P. 228-230.
4. Matveev A. S., Matveev S. S., Ishmukhametov I. Z. Biofeedback in the preparation of highly qualified athletes // Eurasian Law Journal. – 2021. – No. 10 (161). – P. 459-460.
5. Matveeva L. M., Matveev S. S. Endurance as one of the types of physical activity of students involved in athletics // Materials of the VIII International scientific and methodological conference “Physical culture and sport in the system of higher education”. – Ufa: UGNTU Publishing House, 2020. – P. 215.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
EGOROVA Diana Denisovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
INTER-ETHNIC AND INTERCULTURAL COMMUNICATION OF STUDENTS IN HIGHER EDUCATIONAL INSTITUTIONS
The article analyzes the problems and experience in the organization of interethnic and intercultural interaction of students in the educational environment of a higher educational institution. For effective students’ social and professional development in this process certain skills and conditions are required to ensure the maximum quality of the presentation of educational material and improve the process of mutual understanding. This article reflects the practical experience of foreign students’ interaction at Ufa State Petroleum Technical University in the form of a structured characteristic that explains the influence of the most important environmental factors in the socio-pedagogical support of interethnic interaction. Special attention is focused on interaction with a comprehensive program of foreign students’ social adaptation to the environment during their interethnic and intercultural interaction at the educational institution.
Keywords: professional education pedagogy, ecological approach to education, cultural assimilation, university educational environment, personal and cultural professional development.
Reference bibliographic list
1. Harutyunyan Yu. V. Ethnosociology. – M.: Aspect Press, 2006. – P. 271.
2. Verevkin L. P., Karelov S. V. Foreign students in Russian universities: motives for arrival and employment prospects // Energy: economics, technologies, ecology. – 2006. – No. 5. – P. 68-73.
3. Goncharova N. V. Attitude towards foreign students at the university: some aspects of interethnic interaction// Simbirsk Scientific Bulletin. – 2015. – No. 4 (22). – P. 165-170.
4. Domorovskaya O. G. Social and pedagogical conditions for the adaptation of students with a migration background in the cultural and educational space of the university: Abstract of the thesis. – Rostov-on-Don, 2007. – P. 11.
5. Efremova T. F. Modern explanatory dictionary of the Russian language. [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/efremova/ (date of access: 08.10.2022).
6. Zhivkovich E. E. Socio-psychological features of interethnic relations in Serbia: dis. … doc. Phil. Sciences. – M., 2018. – P. 328.
7. Karnyshev AD Interethnic interaction in Buryatia: social psychology, history, politics. – Ulan-Ude: BGU, 1997. – P. 184.
8. Koshanov I. V. Nature and structure of ethno-cultural socialization of personality // Fundamental research. – 2013. – No. 8-5. – S. 1193-1197. [Electronic resource]. – Access mode: http://fundamental-research.ru/ru/article/view?id=32109 (date of access: 08.10.2022).
9. Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university [Text] // Bulletin of the Maikop State Technological University. – 2015. – P. 74–76.
10. Pavlenko N. V., Taglin S. A. General and applied ethnopsychology // Society for Scientific Publications of KMK. – Moscow, 2005. – P. 483.
PEDAGOGY AND LAW
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
KOSHEVETS Gennadiy Vladimirovich
Head of the Training Department of the Ufa School for the Training of Dog handlers of the MIA of Russia
FIRE TRAINING AS A CONDITION FOR THE FORMATION OF PSYCHOLOGICAL STABILITY OF CADETS OF THE UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article reveals the features of fire training as a condition for the formation of psychological stability of cadets of the Ministry of Internal Affairs. The psychological stability of cadets of the Ministry of Internal Affairs is defined as an integrative characteristic of theoretical knowledge and practical experience, personal qualities and internal readiness of a person to perform educational and professional tasks. The psychological qualities that require the formation, development and improvement in the process of fire training are determined.
Keywords: fire training, psychological stability, personal qualities, readiness, law enforcement, modeling, cadet, firearms, shooting, educational institutions of the Ministry of Internal Affairs.
Reference bibliographic list
1. Murtazin A. I. Moral and psychological training of military personnel // Eurasian legal journal. – 2017. – No. 1 (104). – S. 344-345. – EDN XXRKWJ.
2. Taran A. N., Ogryza A. V., Taran K. A. Influence of the level of fire training on the ability of a police officer to repel an armed attack. practical conference, Krasnodar, April 28, 2022 / Editorial staff: E. E. Vityutnev, I. V. Podporin, V. A. Mikhailyuk [and others]. – Krasnodar: Federal State Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2022. – P. 339-343. – EDN VXMPSJ.
3. Romanov A. A. On the competency-based approach in training police officers for the use of firearms // Topical issues of improving the fire and physical training of students in educational institutions of the Ministry of Internal Affairs of Russia: collection of materials of the All-Russian Conference, Ufa, June 17, 2021. – Ufa Law Institute of the Ministry of Internal Affairs of Russia: Ufa Law Institute of the Ministry of Internal Affairs of Russia, 2021. – P. 36-40. – EDN NTAFTL.
PEDAGOGY AND LAW
NIKITIN Alexander Igorevich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ARKHIPOV Evgeniy Vladimirovich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
PSYCHOLOGICAL AND PEDAGOGICAL SKILLS OF A TEACHER IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
In the article, an important aspect is the disclosure of the main methods and techniques aimed at vocational training, it is indicated about the teacher’s ability to lay important human qualities through education and on the competent construction of the educational process, as the most important goal for the interest of students. The criteria that correspond to the professional psychological skills of the teacher are noted. Also, for successful pedagogical activity, the ways of establishing psychological contact with students are indicated. Recommendations on psychological issues and methods that stimulate mental activity are given. The aspects indicating the importance of psychological satisfaction for all participants from the educational process are touched upon.
Keywords: psychological and pedagogical skills, pedagogical activity, contact, educational process, education, teacher, student.
Reference bibliographic list
1. On education in the Russian Federation: federal law of December 29, 2012 No. 273-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_140174/ (date of access: 08.02.2022).
2. Bykov A. K. Technology for the development of pedagogical skills of a teacher of higher education // TsITISE. – 2019. – No. 2 (19). – P. 34. – EDN GMMKYN (date of access: 08.02.2022).
3. Nikitin A. I. The value of tactical and special training for cadets of educational organizations of the Ministry of Internal Affairs of Russia // Issues of improving the physical, tactical and special and fire training of police officers for operational activities: Materials of the All-Russian Scientific and Practical Conference, Volgograd, June 23, 2022 of the year. Volume Issue 5. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 132-135. – EDN RMAMOU (date of access: 08.02.2022).
4. Evlakhova E. Yu., Zheleznyakov V. A., Polyakov A. D., Melikhov D. N. Learning motivation. Types, levels, qualities of learning motives // Science and innovations – modern concepts: Collection of scientific articles based on the results of the work of the International Scientific Forum, Moscow, December 20, 2019year / Rev. ed. Khismatullin D. R. – Moscow: Infiniti, 2019. – S. 21-24. – EDN UNQTIT (date of access: 08.02.2022).
PEDAGOGY AND LAW
KANOKOVA Liana Yurjevna
lecturer of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
SATUSHIEVA Lyubov Khabasovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
EDUCATION – AS A PEDAGOGICAL COMPONENT OF SOCIALIZATION
The article substantiates the relevance of considering education in the context of the process of human socialization, and also considers in detail the analysis of the concept of socialization. Socialization is considered as the assimilation of elements of culture, social norms and values, on the basis of which personality qualities are formed. The organization of the conditions of education is due to the inclusion of a person in different types of social relations that are formed in the educational process, during communication, in any kind of practical activity. Social adaptation involves the adaptation of an individual to environmental conditions, while social autonomy allows a person to focus on himself, his needs, attitudes, self–esteem, etc. to the right extent.
Keywords: upbringing, general characteristics, education, socialization, self-knowledge, training.
Reference bibliographic list
1. Kanokova L. Yu. Pedagogical directions (aspects) in the activities of the head of the Department of Internal Affairs // Law and State: Theory and Practice. – 2022. – No. 4 (208). – P. 173-174.
2. Slastenin V. A. [and others] Psychology and Pedagogy in 2 hours Part 1. Psychology: a textbook for universities / Under the general editorship of V. A. Slastenin, V. P. Kashirin. – Moscow: Yurayt Publishing House, 2021. – P. 67.
3. Nagoeva M. A., Urumov A. V. Formation of professional thinking and career guidance of students for training in a pedagogical university // Problems of modern pedagogical education. – 2018. – No. 60-1. – P. 196-200.
4. Shchurkova N. E. Pedagogy. Educational activities of the teacher: a textbook for universities. – 2nd ed. – Moscow: Yurayt Publishing House, 2021. – P. 93.
PEDAGOGY AND LAW
YAROSLAVSKIY Mikhail Alexandrovich
lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
NAGOEV Rustam Ruslanovich
senior lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SUBSTANTIATION OF THE PRIORITY OF THE PROFESSIONAL AND APPLIED COMPONENT AMONG THE COMPONENTS OF PHYSICAL TRAINING OF POLICE OFFICERS
For active police officers, as well as for cadets and persons entering the service and undergoing training in the format of initial training in educational organizations of the Ministry of Internal Affairs of Russia, physical training is positioned by legislation as one of the most important components of professional compliance. Prevention of diseases, maintenance of the functional state of the body at a high level and improvement of their own capabilities – the effect of systematic physical activity and sports. For police officers called upon to perform specific and often extremely energy-consuming tasks in a difficult situation, work on physical fitness, among other things, is an aid and a preventive measure that forms readiness to encounter offenders, resist them, and suppress criminal encroachments . Of particular importance in this regard is the professional and applied training of police officers.
Keywords: physical training, professional and applied training of police officers, combat techniques, means and methods of training, methods of physical development
Reference bibliographic list
1. Dottuev T. I. About some features of professional and applied training of employees of the internal affairs bodies of the Russian Federation / Physical education and sport: topical issues of theory and practice [Electronic edition]: collection of materials of the All-Russian Scientific and Practical Conference (Rostov-on-Don, April 5, 2018)
2. Gubzhokov A. Kh., Dadov A. V. Methods for optimizing the physical training of employees of law enforcement agencies of the Ministry of Internal Affairs of Russia // Innovations and traditions in modern education, psychology and pedagogy: a collection of articles of the International Scientific and Practical Conference. – Orenburg, 2017.
3. Groshevikhin I. V. Modern directions for improving the efficiency ofprofessional-applied physical training.
PSYCHOLOGY AND LAW
GOFMAN Alexander Anatoljevich
associate professor of Combat and tactical special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
THE INFLUENCE OF INDIVIDUAL PSYCHOLOGICAL AND PSYCHOPHYSIOLOGICAL QUALITIES OF A PERSON ON THE RESULTS OF FIRING FROM A COMBAT WEAPON
The article presents the problems of the dependence of the effectiveness of firing combat weapons on the presence of formed psychological and psychophysical qualities in a person. The psychological features of training in shooting combat weapons are highlighted, attention is paid to the moral and psychological training of shooters, a method of psychotechnical training is given, and ways of training law enforcement officers to act in extreme situations with the use of combat weapons are proposed.
Keywords: fire training, psychological and psychophysiological qualities, shooting from military weapons, law enforcement officer, extreme situations.
Reference bibliographic list
1. Kolesnikov A.S. Psychological training of the shooter. // Young scientist. – 2019. – No. 23 (261). – P. 367.
2. Medvedev A. V., Vetrova Yu. V., Myasishcheva Yu. V. Psychological training of a cadet shooter // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P. 83.
3. Nakhodkin V. V. The role of psycho-regulatory training in the implementation of an individual program for preparing a shooter for competitions. Uchenye zapiski universiteta im. P. F. Lesgaft. – 2010. – № 4. – P. 71.
4. Solonitskaya E. V., Mitrakova E. N. Psychological aspects of the prelaunch state of the shooter: problems and solutions // Yurist-Pravoved. – 2015. – № 2. – P. 34.
5. Meshcheryakova E. I., Sibirko M. A. Fire training as a condition for the formation of moral and psychological stability // Psychopedagogy in law enforcement agencies. – 2019. – № 1.
PSYCHOLOGY AND LAW
SOLYANKINA Lyudmila Egorovna
Ph.D. in science psychologicals, professor of Criminalistics 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
KIKTEV Alexander Valerjevich
lecturer of Criminalistics 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
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
PSYCHOLOGICAL MECHANISMS OF CAREER GROWTH OF A FUTURE POLICE OFFICER IN THE CONDITIONS OF HIS UNIVERSITY TRAINING
This article presents the results of research in the field of formation of professional competence of future police officers. It is shown that active career management is a key condition for achieving professional and even wider life success of a person. The evidence base on the need for psychological and organizational support for building a professional career of police officers at the stage of university training at the early stages of its professionalization (in fact, the career of a cadet-graduate) is given. The essential characteristics of the mechanisms of career growth are revealed, which allow cadets and students to determine the compliance of their level of professional competence with the requirements imposed on them by the profession, and to outline career prospects for themselves.
Keywords: psychological mechanisms, career, police officer.
Reference bibliographic list
1. Solyankina L. E. Professional competence of a specialist as a practice-oriented construct: psychological and acmeological aspect [Text]: monograph. – Tambov: Publishing House of TSU im. G. R. Derzhavina, 2010. – 196 p.
2. Derkach A. A., Zazykin V. G., Markova A. K. Psychology of development of professionalism [Text]. – M.: Publishing House of the RAGS, 2000. – 128 p.
3. Solyankina L. E. Psychological and acmeological concept of the development of professional competence of a specialist in a practice-oriented educational environment: Abstract of the thesis. … dis. doc. psychol. Sciences. – Tambov, 2011. – 44 p.
POLITICS AND LAW
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ARDAVOV Mikhail Mukhamedinovich
Ph.D. in Law, Headof Special disciplines sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, colonel of police
CORRUPTION AS A SOCIOPOLITICAL PENOMENON
The article presents a socio-political approach to the treatment of criminal acts of corruption. The authors demonstrate a comprehensive principle of dealing with emerging corruption problems and justifies the need for society and individual citizens to assist law enforcement agencies in combating this type of crime.
Keywords: corruption, socio-political field of activity, authorities, civil society.
Reference bibliographic list
1. Bartsits I. N. Anti-corruption and modernization of public administration: the experience of Russia. – M.: RANEPA, 2011. – 62 p.
2. Bogdanov I. Ya. Corruption in Russia. Socio-economic and legal aspects. – M., 2008. – 137 p.
3. Dorokhov N. I. Some aspects of assessing corruption as a social and legal phenomenon // Military legal journal. – 2006. – No. 4. – P. 26-32.
4. Kirpichnikov A. I. Russian corruption. – M.: Lawyer, 2004. – 480 p.
SOCIOLOGY AND LAW
KHAIRULLINA Nursafa Gafurovna
Ph.D. in sociological sciences, professor, professor of Marketing and municipal management sub-faculty of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University
SOCIO-LEGAL BASES OF GRANT SUPPORT: ASSESSMENTS OF THE TYUMEN YOUTH
The article presents an analysis of a questionnaire survey of young people living in cities and rural settlements located in the south of the Tyumen region, which was carried out as part of the implementation of the scientific project of the All-Russian program of fundamental and applied scientific research “Ethno-cultural diversity of Russian society and strengthening the all-Russian identity” 2020-2022. a group of researchers from the universities of Belgorod, Kazan, Ufa, Tyumen and Barnaul (scientific supervisor of the project, Doctor of Science, Professor of BashSU Shaikhislamov R. B.) on the topic “Youth: new challenges, new opportunities”. The author analyzes issues related to the implementation of competitions and grants in the Russian regions aimed at developing creative youth. The results of the study show that not all young people seek to participate in such projects.
Keywords: grants, competitions, youth, grant support, social initiatives, employment.
Reference bibliographic list
1. Narkhov D. Yu., Narkhova E. N., Vishnevsky Yu. R., Repin V. P. Transformation of technologies of patriotic education in modern Russian higher education // Bulletin of the Tyumen State University. Socio-economic and legal research. 2019. V. 5. No. 1. P. 60-73.
2. Decree of the Government of the Russian Federation of September 9, 1996 No. 1061 (as amended on December 24, 2014) “On grants from the President of the Russian Federation to support creative projects of national importance in the field of culture and art” // Collection of Legislation of the Russian Federation, 1996, No. 28, Art. . 3358
3. Decree of the Government of the Russian Federation (No. 1061) “On grants from the President of the Russian Federation to support creative projects of national importance in the field of culture and art. [Electronic resource]. – Access mode: https://rulaws.ru/goverment/Postanovlenie-Pravitelstva-RF-ot-09.09.1996-N-1061/ (accessed 10.12.2022).
4. Khairullina N. G. Russian civil society: regional aspect // Eurasian legal journal. 2020. No. 4 (143). P. 375-376.
LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
KASHAEV Bulat Vakilevich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
THE ROLE OF MACHINE TRANSLATION IN INTERCULTURAL COMMUNICATION
As the title implies the article describes a concept as machine translation, which appeared only in the second half of the 20th century, but only recently began it’s fast development with the invention of powerful and accessible computers and the prevalence of the internet. The article discusses the main stages of development that machine translation has gone through in a short period of time and what problems exist in machine translation and how they are solved. Much attention is paid to how machine translation was influenced by the development of artificial intelligence, the usage of it has recently been widely discussed in various fields. Conclusions are drawn that modern machine translation has reached the moment when translation is carried out not only very quickly and efficiently, but also in real time in the form of a voice over or smartphone camera which makes the role of machine translation more significant in intercultural communication .
Keywords: interlanguage communication, artificial intelligence, neural machine translation, statistical machine translation, rule-based machine translation.
Reference bibliographic list
1. Abdullaeva Z. M., Rodionova Yu. I., Udakhina S. V. Linguistic support of information systems: textbook. – St. Petersburg: IEO SPBUTUiE, 2021. – P. 163.
2. Veledinskaya S. B. Course of the general theory of translation: textbook. – Tomsk: TPU Publishing House, 2010. – P. 230.
3. Latypova E. R., Sharafutdinova E. D. Intercultural communication in modern society // Questions of Pedagogy. – 2019. – No. 11-2. – P. 161-164.
4. Mamedova M. T. Machine translation. Evolution and main aspects of modeling. – Baku, 2006. – P. 258.
5. Marinskaya A. P., Tokareva K. D. Theory and practice of professionally oriented translation in the field of digital technologies: teaching aid. – St. Petersburg: SPbGUT im. M. A. Bonch-Bruevich, 2022. – 63 p.
6. Pribytkova V. I., Kushnareva T. V. Choice of a beginner translator: paper or electronic dictionaries, online programs // Youth Bulletin of ISTU. – 2021. -№ 1. – P. 142-147.
7. Somers H. L. Computers and Translation: A translator’s guide. – John Benjamins Publishing Company, 2003. – P. 349.
ECONOMY. RIGHT. SOCIETY
ALEXANDROV Andrey Vladimirovich
Ph.D. in economical sciences, associate professor, associate professor of Business informatics sub-faculty of the Saint-Petersburg State Institute of Technology (Technical University)
KHODOS Dmitriy Vasiljevich
Ph.D. in economical sciences, associate professor, professor of Economics production organizations sub-faculty of the Saint-Petersburg State Institute of Technology (Technical University)
INDUSTRIAL POLICY IN MODERN ECONOMIC CONDITIONS
The article is dedicated to the study of the peculiarities of industrial policy in modern economic conditions. Particular attention is paid to the approaches to the understanding and content of the policy of management of the industrial complex of the country. Also the distinctive features and modern benchmarks of industrial policy are outlined. Particular emphasis is placed on the impact of digital transformations and environmental threats on the measures, tools and directions of development of industries. Also the analysis of the current situation and scientific developments allowed to formalize the structure of modern industrial policy, which is based on six key concepts.
Keywords: industrial policy, digitalization, emissions, industrialization, economy, industry, data.
Reference bibliographic list
1. Zubkova O. V., Novikov E. V. Industrial policy as an object of state sectoral policy // Economic transformations: theory and practice. – 2020. – № 2. – S. 28-31.
2. Wigger, Angela The New EU Industrial Policy and Deepening Structural Asymmetries: Smart Specialization Not So Smart // Journal of common market studies. – 2023. – Volume 61. – Number 1. – R. 20-37.
3. Li, Yi Economic Policy Uncertainty, Industrial Intelligence, and Firms’ Labor Productivity: Empirical Evidence from China // Emerging markets finance & trade. – 2023. – Volume 59. – Issue 2. – R. 498-514.
4. Manchenko N. V., Artemiev D. S. Industrial policy: basic conceptual approaches // Economics and entrepreneurship. – 2020. – No. 5 (118). – P. 81-85.
5. Yudin N. N. Evaluation of the influence of industry 4.0 on the effectiveness of the implementation of industrial policy // Economics and management: problems, solutions. – 2022. – Vol. 3. – No. 11 (131). – P. 55-64.
6. Industrial transformations for sustainability, competitiveness and open strategic autonomy. – Luxembourg: Publications Office of the European Union, 2023. – 219 rubles
7. Senko A. N. Methodological approaches and practical aspects of the implementation of industrial policy in the innovation economy // Management Problems (Minsk). – 2021. – No. 1 (79). – P. 72-78.
8. Frolov V. G., Kaminchenko D. I. A model for coordinating and realizing the economic interests of industrial policy entities in a digital economy // Creative Economy. – 2020. – V. 14. – No. 12. – S. 3411-3426.
9. Firms and innovation in the new industrial paradigm of the digital transformation // Industry and innovation. – 2023. – Volume 30. – Number 1. – R. 1-16.
ECONOMY. RIGHT. SOCIETY
AMELICHKIN Artem Valerjevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Economics and management sub-faculty of the Orel State Institute of Culture
INTERNET MARKETING OF ORGANIZATIONS IN THE CREATIVE INDUSTRIES SECTOR
The content of the article is devoted to the complex use by organizations of the creative industries of modern communication tools of Internet marketing, which not only increase the demand for the services provided, but also allow modeling purchasing behavior, forming consumer preferences in favor of the positioned assortment. Today, organizations in the creative industries are forced to reorient their promotion strategy towards the use of Internet marketing tools, network communications, computer and digital technologies.
Keywords: Internet marketing, promotion, creative industries, social and cultural activities.
Reference bibliographic list
1. The concept of the development of creative (creative) industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030. Approved thrust. Government of the Russian Federation dated September 20, 2021 No. 2613-r. [Electronic resource]. – Access mode: basa.garant.ru (date of access: 11/25/2022).
2. Akulich M. V. Internet marketing: Textbook for bachelors. – M.: Publishing and Trade Corporation “Dashkov and Co”, 2020. – 352 p.
3. Annenkova A. A., Amelichkin A. V., Soboleva Yu. P. Innovative marketing communications in institutions of the social and cultural sphere // Bulletin of the Academy of Knowledge. – 2022. – No. 52 (5). – P. 18-23.
4. Amelichkin A. V. Marketing communications on the Internet and new media: a teaching aid for undergraduates. – Orel: OGIK, 2022. – 117 p.
5. Vasina N. V. Internet branding // Successes of modern science and education. – 2017. – Vol. 2. – No. 1. – P. 112-114.
6. Ketova N. P., Tokareva Yu. E. Internet marketing tools as a way to improve the efficiency of the commercial activity of an organization: management aspects // Management in economic and social systems. – 2022. – No. 1. (11). – P. 16-22.
7. Krivonosov A. D., Filatova O. G., Shishkina M. A. Fundamentals of the theory of public relations. – St. Petersburg: Piter, 2012. – 253 p.
8. Platonova E. I. Internet advertising as an object and subject of cultural creation // Abstract of the thesis. dis. … cand. cult.: 24.00.01. – Saransk, 2010. – 23 p.
9. Sazonova E. V., Fatova S. A., Kalegina A. A. Modern technologies of promotion in the sphere of culture // Petersburg Economic Journal. – 2020. – No. 4. – P. 48-55.
10. Sinyaeva I. M., Zemlyak S. V., Sinyaev V. V. Marketing communications: textbook. 5th ed. – M.: Dashkov i K, 2011. – 324 p.
11. Shesterkina L. P., Borchenko I. D. The main characteristics of new social media. Uchenye zapiski Zabaykalskogo gosudarstvennogo universiteta. Series: Philology, history, oriental studies. – 2014. – No. 2 (55). – P. 107-111.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of the Ufa State Petroleum Technical University
OPOIKOVA Sofia Mikhailovna
student of the Ufa State Petroleum Technical University
DANILOV Nikita Valerjevich
student of the Ufa State Petroleum Technical University
DANILOV Anton Valerjevich
student of the Ufa State Petroleum Technical University
ECONOMIC EFFICIENCY OF SEWAGE TREATMENT PLANTS WITH THE USE OF METHANE TANKS
In this article, the task is to study the use of methane released from waste from sewage treatment plants in methane tanks as a raw material for generating electricity.
Such greenhouse gas will not only cease to cause enormous damage to the atmosphere, decomposing in landfills and affecting global warming, but will also be generated into electricity capable of providing sewage treatment plants themselves, but also supplying other enterprises with it.
For a more complete study of the economic feasibility of using methane tanks as an alternative source of raw materials for generating electricity, a comparative characteristic is presented between sewage treatment plants (CBS) with waste removal to landfills and CBS using methane tanks. Shown: price analysis, all advantages and disadvantages. As a result, the strengths and weaknesses of the proposed braids with metal rods and their economic feasibility of use were revealed.
Keywords: Economic efficiency, methane, greenhouse gas, sewage treatment plants, methane tanks, utilization, economic feasibility of use.
Reference bibliographic list
1. SP 32.13330.2018 Sewerage. Outdoor networks and facilities
2. Study of the Global Methane Initiative (GMI). [Electronic resource]. – Access mode: https://www.globalmethane.org/documents/landfill_fs_rus.pdf (accessed 05.02.2023)
3. Price list for waste disposal. [Electronic resource]. – Access mode: https://www.contr-re.ru/tko_i_othodi_ochistki_stochnih_vod.html (accessed 05.02.2023)
4. Experience in the use of digesters, energy generation and energy efficiency – Transcript of the report of Ph.D. biol. Sciences. M. V. Kevbrina. [Electronic resource]. – Access mode: http://www.energosovet.ru/bul_stat.php?idd=360 (accessed 05.02.2023)
5. Energy efficiency of treatment facilities – E. I. Pupyrev, Doctor of Engineering. Sciences, Professor, General Director of OAO MosvodokanalNIIproekt. [Electronic resource]. – Access mode: https://www.abok.ru/for_spec/articles.php?nid=6050 (accessed 05.02.2023)
6. Methane Matters report by Changing Markets and GAIA experts. [Electronic resource]. – Access mode: https://rusecounion.ru/ru/methane-matters (accessed 05.02.2023)
7. Yusupov D. D., Talipov R. A., Klyavlin M. S., Klyavlina Ya. M. Energy saving measures in the operation of heat exchange equipment for hot water supply. Water supply, sanitation and environmental protection systems. – 2020. – P. 239-244
8. Gafizov O. F., Syundyukova D. R., Klyavlin M. S. Influence of alternative energy sources on the heat supply of civil and industrial buildings. – 2021. – P. 82-84
ECONOMY. RIGHT. SOCIETY
KOSTYLEVA Elena Gennadjevna
Ph.D. of sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
Bondarenko Alexander Viktorovich
Ph.D. in science philosophicals, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
LEVASHOV Dmitriy Andreevich
magister in the field of study “Chemical technology of natural energy carriers and carbon materials”, “Economy” of the Ufa State Petroleum Technological University
ASSESSMENT OF ECONOMIC RISKS OF TECHNOLOGICAL SOLUTIONS IN THE PRODUCTION OF PETROLEUM PRODUCTS
The article focuses on the need for constant analysis of the system for assessing financial risks at oil refineries. The authors conducted an economic study to study the state of the risk assessment system in Russia.
Keywords: economic risks, financial risks, oil refinery.
Reference bibliographic list
1. Bondarenko A. V. Strong Russia is a guarantee of regional stability and security // Eurasian Law Journal. 2014. No. 7 (74). P. 8-10.
2. Bondarenko A. V. Cost thinking. Evolution of views on business performance // Marketologist. 2006. No. 8. P. 9.
3. Gaysina L. M., Levashov D. A. Labor collective as an institution of social rehabilitation of people with disabilities // Intelligent technologies and means of rehabilitation and habilitation of people with disabilities (ITSR-2018). Proceedings of the III International Conference. 2018. P. 325-329.
4. Grogulenko N.V., Levashov D.A. The value of “digital competencies” of specialists for the development of information technologies in oil and gas enterprises // Eurasian legal journal. 2022. No. 5 (168). pp. 436-437
5. Kostyleva E. G., Valeev M. R. Influence of globalization on the development of the fuel and energy complex // Eurasian Law Journal. 2021. No. 5 (156). pp. 451-452.
6. Kadyrova G. F., Gindullin N. F., Dallakyan G. R. Industrial conflict as an integral part of modern society // Eurasian Law Journal. 2015. No. 10 (89). pp. 278-280.
7. Kadyrova G. F., Gindullin N. F., Bondarenko A. V., Dallakyan G. R. Objective and subjective conditions for regulating industrial conflicts in a transformational society // Eurasian Law Journal. 2016. No. 11 (102). P. 358-360.
8. Kostyleva E. G., Safin T. I., Galin I. N. Influence of digitalization of economy on social re-sponsibility of engineering workers of fuel and energy complex // Eurasian Law Journal. 2020. No. 7 (146). pp. 446-447.
9. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Impact of the process of digitalization of the economy on deviant forms of economic behavior // Business 4.0 as a Subject of the Digital Economy. Cham, 2022, pp. 433-438.
10. Mikrina VG International legal mechanisms for protecting the labor rights of domestic workers // Eurasian Law Journal. 2018. No. 3 (118). pp. 118-122.
ECONOMY. RIGHT. SOCIETY
LITVINOVA Valentina Sergeevna
Ph.D. in agricultural sciences, associate professor, Institute of Economics and Management of the Agroindustrial Complex of the Krasnoyarsk State Agrarian University
SHITOVA Tatyana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Krasnoyarsk State Agrarian University
LOGISTICS SUPPORT OF BUSINESS PROCESSES IN THE AGRO-INDUSTRIAL COMPLEX: THEORY AND PRACTICE ISSUES
The article analyzes the institution of the agro-industrial complex of modern Russia and the logistics transportation system that accompanies business processes. The authors reveal the issues of the efficiency of logistics transportation in the food security system of the Russian Federation. The article reflects the characteristic features of information products, their essence, positive and negative sides, as well as their impact on efficiency in building forms of development of small and medium-sized businesses in the agro-industrial complex, taking into account the use of logistics forms.
Keywords: agro-industrial complex logistics processes, information technology, efficiency, business processes, logistics.
Reference bibliographic list
1. Russian Federation. On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030: Decree of the President of May 9, 2017 No. 203: [website]. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022). Text: electronic.
2. Decree of the Government of the Russian Federation of December 29, 2021 No. 3971-r “On approval of the strategic direction in the field of digital transformation of the sectors of the agro-industrial and fishery complexes of the Russian Federation for the period up to 2030”. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022). Text: electronic.
3. Fastovich GG To the question of the implementation of the principle of efficiency in the activities of the mechanism of the state // Law and state: theory and practice. – 2010. – No. 12 (72). – P. 23-25.
4. Fastovich G. G., Osipova E. S. On the issue of providing land plots for the needs of diplomatic missions: a theoretical aspect // Agrarian and land law. – 2019. – No. 10 (178). – P. 4-5.
5. Zaruba D. S., Sitnikova K. N., Fastovich G. G. The problem of the agro-industrial complex in the regions of Russia // International Journal of Humanities and Natural Sciences. – 2019. – No. 3-2. – P. 52-55.
6. Fastovich G. G., Litvinova V. S., Ignatenko V. A. Effective personnel policy as one of the criteria for the activity of the state mechanism // Eurasian legal journal. – 2020. – No. 10 (149). – P. 81-82.
7. APK of the Krasnoyarsk Territory 2021. Presentation. Official site of the Ministry of Agriculture and Trade of the Krasnoyarsk Territory. [Electronic resource]. – Access mode: https://www.krasagro.ru/presentations/ (date of access: 12/25/2022). Text: electronic.
ECONOMY. RIGHT. SOCIETY
ORLOV Sergey Leonidovich
Ph.D. in economical sciences, professor, chief researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, leading researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation
SPECIAL PURPOSE OF MODERN AGGLOMERATIONS OF RUSSIA
The relevance of the article is due to the formation at the present of the modern spatial structure of Russia, capable of effectively countering geopolitical challenges and ensuring the protection of national interests, sovereignty and territorial integrity of the state. The purpose of the work is to find scientifically based and promising directions for the development of the national space, taking into account accelerating agglomeration processes that ensure the most effective use of the country’s existing economic potential at the stage of transition to a new system of world economic relations. One of the most important elements of the future spatial organization can be considered the growth of cities as centers of settlement and the active formation of urban agglomerations. The article analyzes the role of cities as centers of population concentration and, therefore, their special influence on the territorial environment. It is noted that despite the versatility of research, for the most part, strategic issues of the influence of megacities on the spatial features of the modern development of Russia are not clearly formulated, and their significance, especially in strategic aspects, is considereded very limited. Based on the analysis of the existing structure of the Russian space, the current development trends noted in the studies of a number of Russian authors, the most promising features and trends in the field of territory development were identified and an expert assessment of the results of their implementation was given.
Keywords: urban agglomerations, spatial development, national development goals, settlement system, scientific-technological and cultural potential, metropolis, agglomeration environment, interregional territory.
Reference bibliographic list
1. Antonov E. V., Makhrova A. G. Largest urban agglomerations and forms of settlement of the supraglomeration level in Russia. Izvestiya Rossiiskoi Akademii Nauk. Geographic series. – 2019. – No. 4. – P. 31-45.
2. Zamyatina N. Yu., Pilyasov A. N. Russia, which we have found: exploring space at the microlevel. – M.: New Chronograph, 2013. – 548 p.
3. A. G. Makhrova, T. G. Nefedova, and A. I. Treivish, “Polarization of the space of the Central Russian megalopolis and population mobility,” Vestnik Mosk. university Ser. 5. Geography. – 2016. – No. 5. – P. 77-85.
4. Musinova N. N. Development of urban agglomerations as one of the directions of the Strategy for Spatial Development of Russia. Bulletin of the University (State University of Management). – 2019. – No. 2. – P. 46-51.
5. Orlov S. L. Modern space of Russia: new approaches and concepts: monograph. – M .: Publishing and Trade Corporation “Dashkov and K”, 2023. – 242 p.
6. Orlov S. L. Strategy for Russia in a turbulent world // World of Changes. – 2020. – No. 1. – P. 39-51.
7. Orlov S. L., Stroev P. V., Dudnik A. I. The Arctic Territory as a National Treasure of Russia in the Modern World // Actual Problems of Economics and Law. – 2021. – T. 15. – No. 4. – P. 677-685.
8. Spatial Development of Modern Russia: Trends, Factors, Mechanisms, Institutions, Ed. E. A. Kolomak. – Novosibirsk: Publishing House of the Institute of Economics and Trade of the Siberian Branch of the Russian Academy of Sciences, 2020. – 502 p.
9. Stroev P. V. Spatial organization of the Russian economy: trends and prospects for the development of cities as points of economic growth. – M.: A-project, 2015. – 144 p.
10. Stroev P. V., Morkovkin D. E., Makar S. V. Current trends in the development of agglomerations // Creative Economy. – 2020. – Volume 14. – No. 11. – P. 2693-2712.
11. Fattakhov R. V., Makar S. V., Konishchev E. S. Modern agglomeration processes in the spatial development of Russia // Problems of modern economics. – 2021. – No. 4 (80). – P.136-140.
12. Official site of the Russian Academy of Sciences. [Electronic resource]. – Access mode: http//www.ras.ru/ (date of access: 24.01.2023).
13. Official website of the “Rossiyskaya Gazeta”. [Electronic resource]. – Access mode: http//www.rg.ru/ (date of access: 24.01.2023).
14. Official website of the Federal State Statistics Service. [Electronic resource]. – Access mode: http://www.gks.ru/ (date of access: 24.01.2023).
ECONOMY. RIGHT. SOCIETY
OSIPOVA Irina Mikhaylovna
Ph.D. in economical sciences, associate professor of Management sub-faculty of the Irkutsk National Research Technical University
PEREPELKINA Irina Alexandrovna
student of the PM-18 group of the Irkutsk National Research Technical University
BAYASKALANOVA Tuyana Alexandrovna
Ph.D. in economical sciences, associate professor of Management sub-faculty of the Irkutsk National Research Technical University
SEMENOV Evgeniy Yurjevich
Ph.D. in economical sciences, Vice-Rector for Work with State Agencies and Industrial Partners of the Irkutsk National Research Technical University
ANALYSIS OF PREREQUISITEFOR ECONOMICS OF LOW CARBON DEVELOPMENT
The article is dedicated to the analysis of the prerequisites for the development of a low-carbon economy (LCE). Dynamic changes in global environmental problems, the chronology of events are adopted by the world community in relation to the promotion of LCE. There are the disadvantages of the transition and the attitude of countries to the LCE in the article. The historical chronology of the regulatory framework’s development for the promotion of LCE in Russia is described, a dynamic analysis of the ecological development of Russia has been carried out, and the consequences of the transition to a low-carbon economy for the Russian Federation are considered .
Keywords: low-carbon economy, green economy, global environmental problems, decarbonization of the economy.
Reference bibliographic list
1. Bashmakov I. A. The strategy of low-carbon development of the Russian economy. Voprosy ekonomiki. – 2020. – No. 7. – S. 51-74.
2. Bobylev S. N. New economic models and indicators of sustainableabout development // Economic revival of Russia. – 2019. – No. 3. – S. 23-29.
3. Kudryavtseva O. V., Mitenkova E. N., Malikova O. I., Golovin M. S. Development of alternative energy in Russia in the context of the formation of a low-carbon economy model. Bulletin of the Moscow University. – 2019. – No. 4. – S. 122-139.
4. Porfiriev B. N., Shirov A. A., Kolpakov A. Yu. Low-carbon development strategy: prospects for the Russian economy // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2020. – T. 64. – No. 9. – S. 15-25.
5. Ratner S. V., Berezin A. E. Analysis of the policy of transition to a low-carbon economy: financial aspects // Finance and credit. – 2019. – T. 25. – No. 7. – S. 1646-1662
6. Yashalova N. N., Ruban D. A. Ecological and economic prerequisites for Russia’s transition to a low-carbon economy // Regionology. – 2021. – T. 29. – No. 4. – S. 746-767.
ECONOMY. RIGHT. SOCIETY
POPOVA Vera Borisovna
Ph.D. in economical sciences, associate professor of Finance and accounting sub-faculty of the Michurinsk State Agrarian University
LOSEVA Alla Sergeevna
Ph.D. in economical sciences, associate professor of Finance and accounting sub-faculty of the Michurinsk State Agrarian University
AKINDINOV Valery Viktorovich
Ph.D. in economical sciences, associate professor of Finance and accounting sub-faculty of the Michurinsk State Agrarian University
TRANSFORMATION OF THE FUNCTIONS AND CONTENT OF MICROECONOMIC ANALYSIS
The article reflects the development of economic analysis, characterized by the unity of an integrated approach to the study of the economic activity of the organization and the formulation of thematic analytical tasks. The characteristics of financial, managerial, situational, strategic analysis as key areas of microeconomic analysis are given, the limitations of their application are indicated. An overview of analytical software products is made. The possibilities of artificial intelligence and machine learning in management are considered.
Keywords: easement, microeconomic analysis, financial analysis, management analysis, situational analysis, strategic analysis, intellectual analysis, economics.
Reference bibliographic list
1. Egorova S. E., Bogdanovich I. S. Prospects for the use of information technologies in accounting in the context of business globalization. Nauchno-tekhnicheskie vedomosti. SPbSPU. Economic sciences. 2019. V. 12. No. 6. S. 38-48. DOI: 10.18721/JE.12603
2. Popova V. B., Ivanova O. I. Financial analysis of the organization, taking into account the requirements of external and internal users // Accounting, analysis, audit and taxation: problems and prospects: Collection of articles of the VIII All-Russian scientific and practical conference, Penza, January 15-16, 2020. Penza: Penza State Agrarian University, 2020. P. 152-155.
3. Popova V. B., Fetskovich I. V. Application of discriminant models to assess the risk of bankruptcy of an agrarian organization // Original Research. 2020. V. 10. No. 9. S. 5-14.
4. Samoilov AD The use of modern technologies in the financial analysis of the enterprise // Economics and business: theory and practice. 2019. No. 3-2. pp. 100-103. – DOI 10.24411/2411-0450-2019-10446.
ECONOMY. RIGHT. SOCIETY
SKVORTSOVA Nataliya Aleksandrovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
MAKAROVA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
MARCHENKOVA Liliya Mikhaylovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
FEATURES OF CONSUMER BEHAVIOR OF THE RUSSIAN BUYER AND MEASURES TO SUPPORT RUSSIAN BUSINESS IN THE CONTEXT OF IMPORT SUBSTITUTION
The purpose of the study is to analyze the features of the purchasing behavior of the Russian consumer after the introduction of economic sanctions in 2022. The article studies the transformations of consumer behavior and their response to changes due to global geopolitical factors, as well as the identification of new trends and motives for purchases. This problem is especially relevant and important for Russian business to study.
Measures to support Russian business, which are aimed at accelerating import substitution, are considered. The authors consider Russian business as a catalyst for economic renewal. And for this it is necessary to understand and analyze the behavior of the Russian consumer more deeply.
The authors focus on the changed reaction of Russian consumers to Western goods and brands. The article systematizes information about the influence of the main factors on the choice of the buyer: price, purchasing power, location of the outlet. Much attention in the article is focused on the role of the online store, measures for the development of Russian content, its effectiveness and accessibility.
Keywords: import substitution, purchasing behavior, customer reaction, sanctions, citizen support, priority products.
Reference bibliographic list
1. Akhmedova M. B. Features of consumer behavior // Education and science without borders: social and humanitarian sciences. – 2020. – No. 13. – P. 91.
2. Gnezdilov Yu. V. Consumer market // Proceedings of the St. Petersburg State University of Economics. – 2020. – No. 1 (121). – P. 54.
3. Degtyarev D. S. Evaluation of the level of influence of factors of consumer behavior in the market // Enterprise strategy in the context of increasing its competitiveness. – 2020. – No. 9. – P. 155.
4. How Consumer Behavior Changed in February and March 2022: Research Review. – [Electronic resource]. – Access mode: https://www.sostav.ru (date of access: 26.02.2023).
5. Monitoring of consumer holding. – [Electronic resource]. – Access mode: https://tiburon-research.ru/consumer-behavior-monitoring.
6. Consumer market of the Oryol region. – [Electronic resource]. – Access mode: https://invest-orel.ru/articles-obl/potrebitelskiy_rynok (date of access: 02/22/2023).
7. Get into the minds of customers and get ahead of the competition. – [Electronic resource]. – Access mode: https://www.gfk.com/ru/insights/get-ahead-by-getting-inside-the-minds-of-your-consumers-ru (Accessed: 02/19/2023).
8. Skvortsova N. A. Marketing planning of a company in the paradigm of business management // Scientific and practical conference of students, students, undergraduates, graduate students “Convergence of the social, humanitarian and natural sciences”: a collection of scientific papers (Issue 10) / Ed. . E. A. Sotnikova. – Eagle: OrelGUET. – 2018. – P. 141.
9. Skvortsova N. A., Makarova T. N. Features of the competency-based approach as a leading component of the marketing management system at the enterprise. Vestnik OrelGIET. 2019. – No. 4(50) – P. 75. DOI: 10.36683/2076-5347-2019-4-50-94-99.
10. FMCG & RETAIL TRADE MARKETING FORUM 2022. – [Electronic resource]. – Access mode: https://www.retail.ru/articles/reaktsiya-pokupatelya-na-sobytiya-fevralya-marta-2022-novye-trendy (date of access: 26.02.2023).
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Economics and management sub-faculty of the Orel State Institute of Culture
PYANOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor of Service sub-faculty of the I. S. Turgenev Orel State University
FORMATION OF THE INSTITUTIONAL INFRASTRUCTURE OF THE CREATIVE ECONOMY
Creative economy includes knowledge-based economic activities that combine art, culture, technology and business into a single mechanism. The formation and development of this sector of the economy is impossible without the formation of an institutional infrastructure that ensures effective interaction of all economic subjects. The absence of appropriate infrastructure hints the full development of the creative economy and its performance as a driver of the entire economy.
Keywords: creative economy, creative product, institutions, institutional structure, institutional infrastructure.
Reference bibliographic list
1. Abankina T. V. Creative economy in Russia: new trends // Journal of the New Economic Association. – 2022. – No. 2 (54). – P. 221-228.
2. Evmenov A. D., Baikov E. A., Enikeeva L. A. [et al.] Creative industries in a digital economy / Ed. ed. A. D. Evmenova; Ministry of Culture of the Russian Federation, St. Petersburg State Institute of Cinema and Television. – St. Petersburg: SPbGIKiT, 2020. – 180 s
3. Petrova V. Legislation in support of simple creativity // Kommersant. – 12/22/2021. – S. 2.
4. Petrova V. Cultural resolution // Kommersant. – 09/28/2021. – S. 2.
5. Solovieva I. A. Creative industries as a factor in the development of the country’s economy // Modern design technologies: theory and practice of implementation: materials of the II Interregional scientific and practical conference, Oryol, May 26, 2022. – Oryol: Oryol State Institute of Culture, 2022. – P. 163-165.
ECONOMY. RIGHT. SOCIETY
TABURCHAK Aleksey Petrovich
Ph.D. in economical sciences, professor, Dean of the Faculty of Economics and Management of the Saint-Petersburg State Technological Institute
TRETYAK Viktoriya Viktorovna
Ph.D. in economical sciences, professor, of Management and marketing sub-faculty of the Saint-Petersburg State Technological Institute
DOROGOVTSEVA Anna Anatoljevna
Ph.D. in economical sciences, associate professor, professor, Head of personnel management and advertising sub-faculty of the Saint-Petersburg State Technological Institute
EVALUATION OF THE LEVEL OF MOBILITY IN THE RUSSIAN LABOR MARKET
The relevance of the article is due to the need to ensure an effective labor market for the implementation of the main social functions for a person: the right to work. The article presents a description of the main trends in the development of the Russian labor market in modern conditions, which are influenced by global factors. The results of a statistical analysis of individual indicators of the development of the labor market and an assessment of the mobility of workers are presented. Developments are formulated labor: development constraints, an unbalanced market by region, an increase in the demand for Internet employment, a decrease in employment in the total population, and key prospects: stimulating regional mobility among young people, increasing advanced training courses and retraining in the field of digital competencies.
Keywords: professional mobility, wages, factors, labor market structure.
Reference bibliographic list
1. Khokhlova M. G. Occupational labor force mobility in Russia // Analysis and forecast. Journal of IMEMO RAS. – 2022. – No. 4. – P. 74-83.
2. Eremina I. Yu., Chuprova A. V., Eirikh G. O. Mobility and development of personnel in the conditions of formation of Internet employment // Social and labor research. – 2021. – No. 2 (43). – P. 45-53.
3. Ostapenko V. A., Morozova I. M., Kazantseva N. V. Development of new forms of employment in the context of digital transformation of the economy // E-Management. – 2022. – № 3. – S. 64-72.
4. Mavlyutov R. R., Belyaev M. K. On the issue of the growth of labor mobility of Russian citizens in the context of the digitalization of society // Bulletin of the Belarusian State University. Economics and Management. – 2021. – No. 2. – P. 33-42.
5. Pleshchenko V. I. To the question of the archaization of labor and consumption in modern Russian society // Russia and the modern world. – 2022. – No. 2 (115). – P. 228-243.
6. Labor and employment in Russia. Statistical collection. – Moscow: Rosstat, 2021. – 179 rubles
7. Young people will be paid almost 117 thousand rubles for looking for work. [Electronic resource]. – Access mode: https://www.ng.ru/economics/2022-07-18/1_8489_mobility.html (date of access: 03/05/2023).
8. Sigitova M. A., Filippova K. V. Key features of youth that determine behavior in the labor market // Society: sociology, psychology, pedagogy. – 2021. – No. 8 (88). – P. 79-84.
9. Ivanova T. B., Mitrofanova I. V. Remote employment: the expansion of anti-migration factors (on the example of the subjects of the Southern Federal District) // Vestnik VolGU. Series 3: Economy. Ecology. – 2021. – No. 3. – S. 26-37.
10. Sokolova A. A. Return labor migration in Russia: scope and trends // Issues of territorial development. – 2022. – № 2. – S. 9.
11. Sinyavskaya O. V., Chervyakova A. A., Gorvat E. S. Analysis of factors of exit from the labor market at the age of 45 years and older in Russia: the role of employment characteristics, job changes and education // Sociological Journal. – 2022. – № 2. – P. 50-72.
ECONOMY. RIGHT. SOCIETY
TAKMAKOVA Elena Valerjevna
Ph.D. in economical sciences, associate professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
ZAYTSEV Aleksey Gennadjevich
Ph.D. in economical sciences, associate professor, professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Oryol State University
ALEKKSAKHIN A.N.
Ph.D. in pedagogical sciences, associate professor, associate professor of V. V. Dick Information management and information and communication technologies sub-faculty of the Moscow Financial and Industrial University “Synergy”
INFORMATION SOCIETY IN THE RUSSIAN FEDERATION: DYNAMICS OF DEVELOPMENT INDICATORS
The article provides a statistical analysis of indicators characterizing the dynamics of the development of the information society in the Russian Federation, in particular: the availability and use of information technologies and information and telecommunication networks in households; the use of mobile phones, personal computers, the Internet by the population; the use of the Internet by the population.
Keywords: digital economy, information society, information technology, Internet access.
Reference bibliographic list
1. Erofeev A. A. Methods of a comprehensive statistical analysis of the development of informatization in the regions of the Russian Federation // Accounting, statistics. – 2010. – No. 11 (72). – P. 238-242.
2. Zaitsev A. G., Takmakova E. V. Statistical analysis of the development of the information society in the regions of the Russian Federation // Statistics in the digital economy: training and use. Materials of the international scientific-practical conference. – St. Petersburg: St. Petersburg State University of Economics, 2018. – S. 50-52.
3. Information society in the Russian Federation. 2020. Stat. Sat. / Federal State Statistics Service; NRU “Higher School of Economics”. – M.: NRU HSE, 2020. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/lqv3T0Rk/info-ob2020.pdf (date of access: 01/02/2023).
4. Monitoring the development of the information society in Russia. [Electronic resource]. – Access mode: https://rosstat.gov.ru/statistics/infocommunity (date of access: 02.01.2023).
ECONOMY. RIGHT. SOCIETY
TARAN Alexander Nikolaevich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
OGRYZA Alexander Vitaljevich
Head of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TARAN Kirill Alexandrovich
cadet of the V.Ya. Kikot Moscow University of the MIA of Russia
RUSSIA’S RESOURCE CURSE
The article deals with the problem of the emergence of a resource curse in countries, which in turn destroys the entire economic sphere of our life. Hypotheses and solutions to this problem. The meaning of the resource curse and its essence as the main destroyer of the economy and the country as a whole. Under the influence of the resource curse in the historical aspect, many countries developed, but in the end they collapsed or faced an economic crisis that completely changed the country’s economy. The task of society and the state is to place the resource curse within certain limits, limit its scope so that it does not undermine the economic foundations of the existence of our country and, as a result, create an effective mechanism for managing and controlling the flow of funds not only into hydrocarbon production, but also into other sectors of the economy.
Keywords: resource curse, hydrocarbon wealth, oil dependence, problems of economic development.
Reference bibliographic list
1. Muzafin R. R. National values in the Soviet period and in our time // Eurasian legal journal. – 2016. – No. 6 (97). – S. 64-66. – EDN WFJDPF.
2. Sadovskaya V., Shmat V. The paradox of the “resource curse”: cross-country analysis* // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2017. – Volume 61. No. 3. – P. 25-35.
3. Kuyan M. A. The resource curse of Russia: myth or reality // Bulletin of the Omsk University. Series “Historical Sciences”. – 2016. – No. 1 (9). – P. 140-143.
4. RBC.RU. Business information space. The price of oil futures. [Electronic resource]. — Access mode: https://quote.rbc.ru/ticker/181206
5. Bulte E., Damania R. Corruption, Democracy and the Natural Resource Curse // Economic Research. University. Adelaide. – 2003.
6. Stijns J.-P. Natural resource abundance and human capital accumulations. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/abs/pii/S0305750X06000453?via%3Dihub
7. Movchan A. A., Mitrov A. O. Cursed economies. – Moscow: AST Publishing House, 2020. – 464 p. (economic worlds). pp. 193-197.
ECONOMY. RIGHT. SOCIETY
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, professor, Academician of the Academy of Sciences of the Republic of Bashkortostan, chief researcher of the Institute for Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences
FAYZULLIN Tagir Fanilevich
Ph.D. in sociological sciences, Rector of the Institute for Continuing Professional Education in Health Care at the Medical Chamber of the Republic of Bashkortostan
MAIN CONCEPTS OF SOCIAL CAPITAL IN RUSSIAN SCIENCE
Studies of the problems of social capital and its implementation in recent years have become the subject of active analysis as a priority area of domestic science, contributing to the intensification of the country’s development. Domestic scientists have made a certain contribution to the research and development of various forms of its use in various sectors ofthe life of society. At the same time, the study of the scientific literature devoted to this topic gives grounds to conclude that a common fundamental theoretical and methodological basis for studying the development and implementation of social capital has not yet been developed. And at present, this phenomenon is mainly considered as a socio-psychological phenomenon and its main characteristics are considered to be norms, trust and social ties. Here one can trace the mechanical repetition of the ideas of a number of foreign specialists. The article substantiates the need to create theoretical and methodological foundations for the analysis of social capital as a system and develop a mechanism for its implementation.
Keywords: social capital, social and socio-psychological relations, trust, norms, social ties, communities and associations, civic engagement, responsibility.
Reference bibliographic list
1. Fayzullin F. S. Social capital and the development of technology for its implementation // Problems of Oriental Studies. 2021. No. 1. P. 23-30.
2. Radaev VV Concept of capital, forms of capital and their conversion // Economic sociology. 2002. V. 3. S. 20-32.
3. Shikharev P. N. The nature of social capital: socio-psychological approaches // Social sciences and modernity. 2008. No. 3, p. 17-32.
4. Belyaeva L.A. Social capital in Russia and problems of entrepreneurial activity // Philosophical sciences. 2016. No. 10.
5. Feizba M. Ya. Social capital as a factor in the economic development of the territory: Abstract of the thesis. … Ph.D. M., 2007. 18 p.
6. Raksha S. V. Institutionalization of social capital in a market economy: Abstract of the thesis. … Ph.D. Rostov n/a. 2005. 19 p.
7. Kurbatova M. V., Aparina N. F. Social capital of an entrepreneur: forms of its manifestation and features in the modern Russian economy // Economic Bulletin of the Rostov State University. 2008. No. 4. S. 45-61.
8. Konkov A.T. Social capital and economic interaction: Abstract of the thesis. … d.soc.s. M., 2006. 38 p.
9. Igumenov O. A. Socio-economic meaning of the concept of “social capital” // Bulletin of the Eurasian Science. 2019. No. 1. P. 12-25.
10. Blok M., Golovin N. A. Social capital: towards a generalization of the concept // Bulletin of St. Petersburg. university. 2015. Ser. 12. Issue. 4. P. 99-111.
11. Tikhonova N. E. Social capital as a factor of inequality // Social sciences and modernity. 2004. No. 4. P. 24-35.
12. Afanasiev D. A. To the study of the role of the social capital of regions in the conditions of the socio-economic crisis // Economic and social changes: facts, trends, forecast. 2015. No. 4 (40). pp. 88-108.
13. Pochebut A. G., Chiker V. A., Volkova N. V. Socio-psychological model of the organization’s cognitive social capital: concept and research aspects. Organizational Psychology. 2018. V. 8. S. 47-71.
14. Germanov I. A., Plotnikova E. B. Conceptualization and operationalization of the concept of “social capital” in the study of organizations // Bulletin of the Perm University. Philosophy. Psychology. Sociology. 2017. Issue. 1. P. 106-114.
15. Kosyrev V. S., Pavlov P. N., Kaukin A. S. Social capital as a factor in the economic growth of Russian regions // Economic policy. 2019. V. 14. No. 5. P. 124-149.
16. Social capital of modern society. Materials of the All-Russian scientific conference. St. Petersburg, October 25-26, 2012. St. Petersburg: Skifiya-Print, 2012. 406 p.
17. Tatarko A. N. Social capital as an object of psychological research. M., 2011. 160 p.
18. Pochebut L. G., Sventsisky A. L., Mararitsa L. V., Kazantseva T. V., Kuznetsova I. V Social capital of personality. M.: INFRA-M, 2021. 250 p.
19. Polishchuk E.A. Social capital and its role in economic development // Bulletin of St. Petersburg. university. 2005 Ser. 5. Issue. 1. No. 3-15 p.
20. Diskin I.E. Modernization of Russian society and social capital // Public Opinion Monitoring. 2003. No. 5-6.
ECONOMY. RIGHT. SOCIETY
FASTOVICH Galina Gennadjevna
senior teacher of Theory 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
ON THE QUESTION OF THE APPLICATION OF INFORMATION TECHNOLOGIES IN THE LOGISTICS PROCESSES OF THE AGRO-INDUSTRIAL SECTOR (BY THE EXAMPLE OF THE STUDY OF THE EXPERIENCE OF THE DEVELOPMENT OF THE KRASNOYARSK REGION)
The article analyzes the Institute of Information Technology and its role in various sectors of production in modern Russia. The authors reveal the introduction of information technologies in the development of logistics processes in the agro-industrial sector, as well as their impact on the effectiveness of state regulation in general. The problems associated with the introduction of information technologies in the sector of agro-industrial development of the Krasnoyarsk Territory are determined. In the course of the study, conclusions are drawn about the problems and opportunities for the further implementation of information technologies in the regional sectors of logistics processes.
Keywords: logistics transportation, information technology, efficiency, state, innovative development sector, agro-industrial production.
Reference bibliographic list
1. Teplyashin I. V. Participation of civil society institutions in the implementation of state policy in the Arctic zone of the Russian Federation // Problems of constitutional and legal regulation of the status of the Arctic territories of the Russian Federation: materials of the round table of international. scientific-practical. conf. “Yenisei political and legal readings” (Krasnoyarsk, September 21-22, 2017) / Ed. A. A. Kondrasheva, O. V. Ronzhina, A. B. Zenkina; Krasnoyar. state agrarian un-t. Krasnoyarsk, 2017. P. 46-48.
2. Zaruba D. S., Sitnikova K. N., Fastovich G. G. The problem of the agro-industrial complex in the regions of Russia // International Journal of Humanities and Natural Sciences. 2019. No. 3-2. pp. 52-55.
3. Fastovich G. G., Zhikulina A. S., Rakhvalova N. A. Legal regulation of relations in the field of personal data // Jurisprudence. 2019. No. 3. P. 199.
4. Bogatova E. V. Agrarian legal policy in the system of higher legal education: the concept and forms of implementation // Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. 2020. No. 2 (16). pp. 102-112.
5. Fastovich G. G., Osipova E. S. On the issue of providing land plots for the needs of diplomatic missions: a theoretical aspect // Agrarian and land law. 2019. No. 10 (178). P. 4-5.
6. Vlasov V. A. The concept of state agrarian policy: economic and legal analysis // Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. 2016. No. 4 (4). P. 190-196.
7. Fastovich GG On the issue of the implementation of the principle of efficiency in the activities of the mechanism of the state of the Russian Federation: general theoretical aspects // Law and State: Theory and Practice. 2010. No. 12 (72). pp. 23-25.
8. Ignatenko V. A. Public control of the management of the agro-industrial complex of the Russian Federation // Problems of modern agrarian science. Materials of the international scientific conference. Krasnoyarsk, 2021. P. 277-282.
ECONOMY. RIGHT. SOCIETY
SHAPOVALOVA Vera Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of economic theory and economics of customs affairs sub-faculty of the Russian Customs Academy
PROBLEMS AND OPPORTUNITIES FOR THE DEVELOPMENT OF RUSSIAN ENTERPRISES IN THE CONDITIONS OF SANCTIONS RESTRICTIONS
The scientific article presents the results of an analysis of the problems and prospects for the development of Russian business entities during the period of sanctions restrictions. The main consequences of ensuring the economic security of enterprises, which are caused by Western sanctions, are considered. The relevance of the study is due to the negative impact of economic sanctions adopted in 2022 on the activities of Russian enterprises, which forces the latter to make decisions aimed at adjusting the development strategy. The scientific novelty of the work lies in the development of measures and management decisions that contribute to improving the efficiency of the activities of enterprises in the Russian economy during the period of sanctions restrictions.
Keywords: sanctions restrictions, economic sanctions, Russian enterprises, business entities, business development.
Reference bibliographic list
1. Danilushkina I. D., Kalmykova M. A. Credit policy and its impact on the financial condition of the company // Law, economics and management: theory and practice. – 2022. – S. 207-214.
2. Gasho I. A., Iovleva I., Tokar E. V. Theoretical aspects of managing the economic security of an enterprise // Bulletin of the Belgorod University of Cooperation, Economics and Law. – 2022. – No. 3 (94). – P. 85-95.
3. Kondrashova N. G. Economic security and its provision in a commercial organization // Modern Economy Success. – 2021. – No. 1. – P. 207-212.
4. Galkina N. A. Influence of economic sanctions on the efficiency of the enterprise in the conditions of import substitution // Actual problems of accounting, analysis and audit. – 2022. – S. 44-48.
5. Sokolov N. A., Pukach G. V. Influence of economic sanctions on Russian enterprises // Problems of the development of modern society. – 2023. – P. 370-373.
6. Voronova S. M., Ordynskaya O. N. Sanctions and theirinfluence on the activity of Russian enterprises // Theory and practice of service: economics, social sphere, technologies. – 2022. – No. 4 (54). – P. 26-30.
ECONOMY. RIGHT. SOCIETY
HUNG Nguyen Quoc
Ph.D. in economical sciences, senior researcher of the Center for Russian Strategy in Asia of the Institute of Economics of the Russian Academy of Sciences
IMPLEMENTING NEXT GENERATION FREE TRADE AGREEMENTS: OPPORTUNITIES AND CHALLENGES FOR VIETNAMESE BUSINESS
In recent years, in order to accelerate the process of international economic integration, Vietnam actively participates in free trade agreements (FTAs), especially new generation FTAs. In particular, the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP) and the Vietnam-European Union Free Trade Agreement (EFTA) are considered to be a new generation of FTAs that are being actively pursued.
Participation in the new generation FTA will help Vietnamese enterprises seize opportunities to increase exports to the markets of countries participating in the agreement, and also help Vietnam to be able to restructure the import-export market towards greater balance. Joining the new generation FTA will open up many opportunities in the formation of supply chains, which is an important condition for increasing the level of economic development and increasing labor productivity. In addition, new-generation free trade agreements provide opportunities for Vietnamese businesses to improve themselves by accepting new and more complex rules of the game.
However, in addition to opportunities, joining a new generation FTA also creates challenges for Vietnamese businesses: FTA provisions are estimated to create many new difficulties for Vietnam in developing policies and laws in various areas. After a period of implementation of the new generation of FTAs, the benefits derived from these agreements are still limited. New generation FTAs also impose strict rules and requirements for participants to raise product quality standards, so businesses have to bear losses due to competitive pressure.
This article examines the results of Vietnam’s participation in next-generation free trade agreements, the opportunities and challenges associated with Vietnam’s participation in these agreements, and provides recommendations for their promotion.
Keywords: Vietnam, integration, new generation FTA, CPTPP, EVFTA, trade.
Reference bibliographic list
1. Glinkina S. P., Pylin A. G., Nguyen Quoc Hung. Implementation problems and expected effects of the Free Trade Agreement between the Eurasian Economic Union and the Socialist Republic of Vietnam // Monograph. M: Editus, 2018.
2. Handbook of International Economic Integration, Office of the Intersectoral Steering Committee for International Economic Integration. Hanoi: Publishing house. Zian Chi, 2021.
3. Special issue: “Vietnamese enterprises after two years of implementation of the VPTTP” // Journal of the Ministry of Trade Industry. Hanoi, Quarter IV, 2021.
4. Special number: “EBCST with trade in Vietnam, Specialization: agricultural products.”
5. Journal of the Ministry of Trade and Industry. Hanoi, Quarter IV, 2021.
ECONOMY. RIGHT. SOCIETY
NABIULLIN Eduard Fagimovich
postgraduate student of the University of Management «TISBI»
CHALLENGING DEBTOR’S TRANSACTIONS IN BANKRUPTCY
This article examines the topic of challenging the debtor’s transactions in bankruptcy, taking into account the prevailing realities, the existing economic situation, the insolvency procedure (bankruptcy) is one of the most popular ways to recover debt from the debtor. The method of challenging the debtor’s transactions, within the framework of the bankruptcy procedure, is the most effective in achieving the goals set by creditors. In this article, the classification of the debtor’s transactions will be analyzed in detail, as well as the grounds that are necessary for the exercise of the right to challenge transactions. In addition, a comparative analysis of the general norms enshrined in civil legislation and the special ones provided for in the Federal Law “On Insolvency (Bankruptcy)” will be carried out.
Keywords: insolvency (bankruptcy); transactions; contesting transactions; consequences of invalidation of transactions; infringement of creditors’ rights.
Reference bibliographic list
1. Shmat I. E. Problems of invalidating suspicious debtor transactions in insolvency (bankruptcy) cases // In the collection: Scientific research of higher education in priority areas of science and technology, collection of articles of the Internationalscientific and practical conference. – 2018. – P. 198-204.
2. Koraev K. B. The essence and significance of the institution of contesting transactions and other actions of the debtor in the framework of the case of its insolvency (bankruptcy), its difference from contesting transactions on common grounds // Lawyer. – 2018. – No. 2. – P. 25-29.
3. Rashidov E., Kovtun Yu. Some issues of contesting transactions in the framework of the bankruptcy procedure // Economy and law. – 2017. – No. 8 (487). – P. 117-123.
ECONOMY. RIGHT. SOCIETY
KOSTENKO Ekaterina Igorevna
student of the N. E. Bauman Moscow State Technical University
ZAKHIR Boris Maksimovich
student of the N. E. Bauman Moscow State Technical University
CALCULATING INNOVATIVE POTENTIAL BASED ON CONTRACT AGREEMENTS: INTRODUCING THE METHOD BY EXAMPLE OF REAL ESTATE DEVELOPERS
The article analyzes the existing methods for assessing innovative potential. The result of the analysis reveals a need for a new method, which is proposed.
The main drawback of the current methodology is an excessive focus on the characteristics of the head enterprise and internal processes, whereas many companies outsource the tasks such as logistics to contractors. There are even cases of companies outsourcing entire production and R&D facilities, one of notable examples being developer companies. Using their example, the article discusses why a special method is needed to assess their innovative potential and outlines the proposed method itself.
Keywords: innovative potential, assessment method, developers, real estate, contractors, outsource.
Reference bibliographic list
1. Ganina G. E., Klementieva S. V. Guidelines for homework in the course “Management of Innovative Activity” for bachelors studying in the direction of “Innovation” // Pod obshch. ed. prof. S. G. Falko. Electronic educational edition. – M .: Publishing house of MSTU im. N. E. Bauman, 2017. – 43 p.
2. Okladnikova D. R. A model of a score-rating assessment of the innovation and investment potential of small and medium-sized businesses // Bulletin of ISTU. – 2014. – No. 7 (90). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/model-ballno-reytingovoy-otsenki-innovatsionno-investitsionnogo-potentsiala-predpriyatiy-malogo-i-srednego-biznesa (date of access: 02/18/2023).
3. Daurov A. M., Dzakoev Z. L. Expert assessment of the indicators of the innovative potential of an enterprise // Bulletin of the Vladikavkaz Scientific Center of the Russian Academy of Sciences. – 2013. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekspertnaya-otsenka-pokazateley-innovatsionnogo-potentsiala-predpriyatiya (date of access: 18.02.2023).
ECONOMY. RIGHT. SOCIETY
BEZHANOV Ivan Valerievich
postgraduate student of the Moscow Innovation University
FORMATION OF THE STRATEGY OF ECONOMIC DEVELOPMENT OF THE NON-FERROUS METALLURGICAL INDUSTRY OF RUSSIA IN A NEW MANAGEMENT PARADIGM
The change in the management paradigm in the modern world, which led to the rupture of inter-economic relations between suppliers, producers and consumers, has formed a new economic reality in which the issues of scientific search for new economic development strategies are being actualized. The object of research is the metallurgical industry as a branch of Russian industry and a type of economic activity. The subject of the study is non-ferrous metallurgy as a type of economic activity. The purpose of the study is to present a theoretical description of the strategy of economic development of non-ferrous metallurgy in the new economic reality formed during 2022. Research results: 1. Statistical data on the considered segment of the metallurgical industry are presented; 2. A theoretical description of the strategy of economic development of the non-ferrous metallurgical industry of Russia, due to the sanctions measures of Western countries, is presented.
Keywords: metal exchange, logistics, sanctions, export, import, foreign economic activity.
Reference bibliographic list
1. LME will not ban Russian metal from its system. [Electronic resource]. – Mode of access: https://www.reuters.com/markets/commodities/lme-will-not-ban-russian-metal-its-system-2022-11-11/ (accessed 03/10/2022).< br /> 2. Pechenskaya-Polishchuk M. A., Malyshev M. K. Financial and economic aspects of export-import activities of non-ferrous metallurgy in Russia for 2013-2020. and directions of its further development // Economic and social changes: facts, trends, forecast. – 2022. – T. 15. – No. 4. – S. 102-117. – DOI 10.15838/esc.2022.4.82.7. – EDN WELYRI.
3. Agapova T. N., Bazhenov O. V. Spatial compositionnaya assessment and forecasting of the corporate state of organizations of the copper sub-industry in the new economic reality // Discussion. – 2022. – No. 2 (111). – P. 6-18. – DOI 10.46320/2077-7639-2022-2-111-6-18. – EDN JGNGQQ.
ECONOMY. RIGHT. SOCIETY
GALIMNUROV Albert Fidailovich
postgraduate student of the Ufa State Petroleum Technical University
THE RELATIONSHIP BETWEEN THE CYCLICAL NATURE OF ECONOMIC PHENOMENA AND INNOVATIVE PROCESSES IN THE COMPANY
The article discusses the theoretical foundations of the implementation of the innovation process, highlights its components, as well as the stages and stages of functioning. The author’s view on the interrelation of forms and stages of the innovation process is given. A systemic paradigm of the relationship between the cyclical nature of economic phenomena and innovative processes is presented, within the framework of the provisions of the theory of cyclicity. The interrelation of the cyclical nature of economic phenomena and innovative processes in the company is formulated, using the signs of the organic nature of the system.
Keywords: innovations, innovations, economic phenomena, innovation process, cycle, cyclicity, innovation trajectory, spiral, innovative transformations.
Reference bibliographic list
1. Bulanov V. S. Methodology of economic phenomena and processes: Comparative analysis: monograph. – Moscow: Prospekt, 2017. – 64 p.
2. Milner B. Z., T. M. Orlova Organization of innovation creation: horizontal connections and management: monograph. – Moscow: INFRA-M, 2020. – 288 p.
3. Dontsova O. I., Logvinov S. A. Innovative economy: strategy and formation tools: textbook. allowance. – M.: Alfa – M: INFRA – M, 2019. – 208 p.
4. Innovative development: economics, intellectual resources, knowledge management / Ed. B. Z. Milner. – M.: INFRA-M-2010. – 624 p.
5. Kondratiev N. D. World economy and its conjuncture during and after the war. – Vologda: Region. department of state publishing house, 1922. – 258 p.
6. Jansen F. The era of innovation. – M: INFRA – M, 2002. – 308 p.
7. Barancheev V. P., Maslennikova N. P., Mishin V. M. Management of innovations: textbook. – M.: Higher education, Yurayt – Publishing House, 2009. – 711 p.
ECONOMY. RIGHT. SOCIETY
KOVALENKO Natalya Evgenjevna
postgraduate, student of the Institute of Law of the Altai State University, Barnaul
UGRYUMOV Rustam Sharkanovich
postgraduate, student of the Institute of Law of the Altai State University, Barnaul
SHTAINBACH Marina Sergeevna
Master of Laws, Ural State Law University, Director of FORS-MAJOR LLC (Ekaterinburg)
UGRYUMOVA Karina Sharkanovna
student of the International Institute of Economics, Management and Informational Systems of the Altai State University, Barnaul
TECHNICAL AND LEGAL ASPECTS OF TRANSPORT RELATIONS WITH THE PARTICIPATION OF ARTIFICIAL INTELLIGENCE
Within the framework of this article, at the interdisciplinary level, certain issues of the introduction of artificial intelligence in the transport sector, its impact on social relations are considered. The problems of the concept of artificial intelligence are discussed, various approaches are proposed to the definition of this phenomenon as a legal category and its relationship with the related concept of “robot”. In addition, the issues of liability of artificial intelligence for the harm caused in the course of its activities are disclosed. The possibility of recognizing artificial intelligence as a subject of law is being studied.
Keywords: artificial intelligence in the transport sector, responsibility of artificial intelligence, unmanned vehicle, artificial intelligence as a subject of law, artificial intelligence as an object of law.
Reference bibliographic list
1. Arkhipov V. V. Artificial intelligence and autonomous devices in the context of law: on the development of the first law on robotics in Russia // Proceedings of the SPII RAS. ― 2017. ― Issue 6. ― S. 46-62.
2. Zaloilo M. V. The subject of law and the dynamics of its legal status in the context of digitalization // Bulletin of the Moscow State Pedagogical University. Series: legal sciences. – 2021. – No. 3 (43). ― P. 104-120.
3. Laptev V. A. The concept of artificial intelligence and legal responsibility for its work // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – S. 79-102.
4. Morhat P. M. Artificial intelligence: legal view. ― Moscow: Buki Vedi, 2017. ― 257c.
5. Khazin M. L. Robotic equipment for mining. Bulletin of the Magnitogorsk State University. G. I. Nosova. ― 2020.- Volume 18. – No. 1. – P. 4-15.
6. What is and how does the car’s on-board computer work. [Electronic resource]. – Access mode: https://techautoport.ru/elektrooborudovanie-i-elektronika/kuzovnaya-elektrika/bortovoy-kompyuter.html?ysclid=laz79blhyu300370471 (accessed 11/15/2022).
ECONOMY. RIGHT. SOCIETY
GORDIENKO Vyacheslav Vladimirovich
Ph.D. in economical sciences, Deputy Head of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia, colonel of police
LOGINOV Sergey Nikolaevich
senior lecturer of Physical and fire training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
MASLOV Mikhail Stanislavovich
senior lecturer of Philosophy, history and law sub-faculty of the Volgograd State Agrarian University
INFLUENCE OF SOCIO-ECONOMIC CONDITIONS OF THE URBAN ENVIRONMENT ON THE LEVEL OF CRIME
Within the framework of the article, the theoretical foundations of those socio-economic conditions that can influence the level of crime and the nature of crimes are studied. Among the conditions, it is not so much the level of well-being of the population that stands out, but the level of business mobility, as well as the connections formed through networks of everyday urban mobility. As a result, it is assumed to predict the types and levels of urban crime under given conditions.
Keywords: economic crime, wealth, neighborhood, urban space, business mobility, cybercrime, daily urban mobility, criminal offenses, fraud.
Reference bibliographic list
1. Zlobin VV Reconfiguration of urban space to reduce crime // AMIT. – 2011. – No. 4 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rekonfiguratsiya-gorodskogo-prostranstva-dlya-snizheniya-prestupnosti (date of access: 01/13/2023).
2. Graif Corina, Lungeanu Alina, Yetter Alyssa M. 2017. “Neighborhood Isolation in Chicago: Violent Crime Effects on Structural Isolation and Homophily in Inter-Neighborhood Commuting Networks, 2002–2013.” Social Networks 51:40-59 (https://doi.org/10.1016/j.socnet.2017.01.007).
3. Gould Roger. 2003. Collision of Wills: How Ambiguity about Social Rank Breeds Conflict. – Chicago: University of Chicago Press. Crossref.
4. Tabolin VV Legal theory of the modern Russian city: monograph. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2020. – 358 p.
5. Matvienko E. A., Gordienko V. V. Interreligious dialogue: problems and prospects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 2 (13). – P. 14-19.
6. Voytov A. V., Rudnichenko A. V., Sarantsev A. A. Features of real estate fraud in the housing sector // Science and education: economy and economy; entrepreneurship; law and management. – 2021. – No. 5 (132). – P. 121-123.
PHILOSOPHY. RIGHT. SOCIETY
BARINOVA Svetlana Gennadjevna
Ph.D. in science philosophicals, associate professor of Philosophy sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
ON THE ROLE OF ARISTOTLE IN THE FORMATION OF MEDIEVAL PHILOSOPHY AND THEOLOGY
The article discusses the influence of Aristotelianism on the formation of Christian dogma and medieval philosophical thought. The ideas of Aristotle were decisive for the Christian philosopher Thomas Aquinas. Aristotle defined the subject of philosophical theology as the doctrine of an eternal, immovable and existing entity separate from matter. Giving theology the highest place in the system of theoretical sciences, Aristotle identifies it with the first philosophy or metaphysics.
Keywords: God, theology, philosophy, Aristotle, science, essence, doctrine, metaphysics, Christianity.
Reference bibliographic list
1. Aristotle. Metaphysics. Translations. Comments. Interpretations // Comp. and prep. text by S. I. Eremeev. – St. Petersburg: Aleteyya, 2002; – Kyiv: Elga, 2002. – 832 p.
2. Aristotle. Poetics; Rhetoric; About the soul // Per. from ancient Greek V. Appelrot, N. Platonova and P. Popov. – Moscow: World of Books, 2009. – 398s.
3. Barinova S. G., Barinova S. G. Types of society and the Aristotelian understanding of society // Eurasian legal journal. – 2019. – No. 9 (136). – P. 413-416.
4. Vdovina G. V. Reception of the Aristotelian science of the soul in medieval philosophy // Bulletin of the Russian Christian Humanitarian Academy. – 2018. – No. 3. – T. 19. – S. 11-23.
5. Shmonin DV Wisdom of the philosopher and the Christian idea of education // Bulletin of the Leningrad State University. A. S. Pushkin. – 2019. – No. 3. – P. 7-17.
6. Shmonin DV Theology and scholasticism: facets of philosophical interpretations // Questions of Philosophy. – 2019. – No. 12. – P. 64-73.
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
“AND, AS FOR THE INFORMATION WAR, WE NEVER DECLARED ONE …”
The thesis that “Russia lost the Information War to the West” after the start of SMO needs to be corrected. The fact is that this pathetic phrase is a typical red herring and spin doctoring. In conditions when even conventional wars are not declared, the narrative about losing in the information war is a rhetorical technique. The authors argue their position by deconstructing self-reference as the platform of belief in the conditions of the post-Modern discourse.
Keywords: Psychological operations, information policy, philosophy of communication, cognitive warfare, special military operation (SMO).
Reference bibliographic list
1. Brazevich S. S. Wars of the new generation: technologies of cognitive war // In the collection: Collection of articles of the Department of International Relations, Medialogy, Political Science and History. Digest of articles. Edited by A. A. Markov. – St. Petersburg: SPGEU, 2022. – S. 28-38.
2. Hoffman A. A., Timoshchuk A. S. Russia in a transstructural world: identity, designing a common future, commemorative challenges (part 1) // Social relations. – 2022. – No. 1 (40). – S. 104-116.
3. Hoffman A. A., Timoshchuk A. S. Russia in a transstructural world: identity, designing a common future, commemorative challenges (part 2) // Social relations. – 2022. – No. 2 (41). – P. 72-87.
4. Hoffman A. A., Timoshchuk A. S. Russia in a transstructural world: identity, designing a common future, commemorative challenges (part 3) // Social relations. – 2022. – No. 3 (42). – P. 76-91.
5. Hoffman A. A., Tymoshchuk A. S. “The valiant Ukrainians continue to boldly retreat, while the cruel and greedy Russians cowardly advance”: the destruction of non-classical communicative reality as a result of the SVO // Eurasian Legal Journal. – 2022. – No. 5 (168). – S. 522-523.
6. Hoffman A. A., Timoshchuk A. S. Case “Taira” as a cognitive and communicative problem // Eurasian Law Journal. – 2022. – No. 6 (169). – P. 477-478.
7. Ilnitsky A. M. Mental war in Russia // Military thought. – 2021. – No. 8. – S. 19-33.
8. Mengazatdinov N. E., Poletykin A. G., Promyslov V. G. Cyber warfare: problems of ensuring information security of digital control systems // Management of the development of large-scale systems. – Moscow: IPU RAN, 2010. – P. 138-142.
9. Tymoshchuk A. S. Media reality of the 21st century: hybridization of war // Media-2022: theory and practice. – Moscow: MPGU, 2022. – P. 38-43.
10. Trofimova N. N., Timoshchuk A. S. Operational and technical aspects of countering false mining // Actual problems of combating crime: questions of theory and practice. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2020. – P. 138-140.
PHILOSOPHY. RIGHT. SOCIETY
IKSANOV Radmir Auzagievich
senior lecturer of Economic theory sub-faculty of the Ufa University of Science and Technology, senior lecturer of Humanitarian and natural sciences sub-faculty of the Bashkir Cooperative Institute, senior lecturer of Theory and history of state and law sub-faculty of the Bashkir Institute of Social Technologies
SAMSITDINOV Ilnur Zakievich
officer of the MIA of the Republic of Bashkortostan, lieutenant colonel of police
ILYASOV Radik Ravilovich
Ph.D. in science philosophicals, professor of the Bashkir Cooperative Institute (branch) of the Russian University of Cooperation
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF LAND EASEMENTS
The article discusses the trends in the development of servitude legal relations in the Russian Federation. It is shown that in order to improve servitude legal relations, the legislator needs to develop and introduce into the content of the Civil Code of the Russian Federation the concept of an agreement on the establishment of an easement of a private legal nature. The author also substantiates the need to develop and fix rules (recommendations) aimed at determining the amount of payment for an easement.
Keywords: easement, restriction of land rights, development trends, digitalization, land law.
PHILOSOPHY. RIGHT. SOCIETY
KOCHESOKOV Robert Khazhismelovich
Ph.D. in science philosophicals, professor, Head of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
BIZHEVA Agnessa Petrovna
Ph.D. in science philosophicals, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
KULTURBAEVA Lyubov Machrailovna
Ph.D. in science philosophicals, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
THE LOGIC OF THE EVOLUTION OF POLITICAL ELITES
The article is devoted to the study of the transformation of political elites. Based on the dual nature of politics (political system), the authors consider it justified to distinguish two types of political elites (politicians): politicians-strategists and politicians-technologists. A certain logic can be traced in the evolution of political elites and a number of stages can be distinguished. At the first stage – the stage of the formation of the political system – society is in need of politicians-strategists who can lay its foundations. At the second stage – the stage of a stable political system – it is only necessary to maintain the effective functioning of the political system, as a result of which politicians-technologists play a dominant role. But gradually the potential of the political system is being exhausted, which leads to the need for politicians-strategists.
Keywords: politics, political elites, political system, politicians-strategists, politicians-technologists.
Reference bibliographic list
1. Toynbee A. J. Comprehension of history: Collection / Per. from English. E. D. Zharkova; Comp. A. P. Ogurtsov; Intro. Art. V. I. Ukolova. – M.: Progress. Culture, 1996. – 607 p.
2. Spengler O. Decline of Europe. Essays on the morphology of world history. 1. Gestalt and reality / Translated from German, entry. Art. and note. K. A. Svasyan. – M.: Thought, 1993. – 663 p.
PHILOSOPHY. RIGHT. SOCIETY
KRUCHININ Sergey Vasiljevich
Ph.D. in science philosophicals, associate professor, lecturer at the Tyumen Industrial University
MODERN DEMOCRACY AND POPULISM
The article examines modern democracy, replaced by populism in various countries of the world, in particular in the USA and Italy. So, initially, democracy assumed several postulates. The first of them was the ability of the population to make a relatively informed choice based on a sufficient level of competence and literacy of the chooser. The second is the appeal of the elected person to the facts, and not to the detection of fraud by the other party. The third is that the political doctrine was based on key theses and ideas that appeal to a part of the electorate and reflect their values. While populism, in fact, presupposes the figure of a politician who is able to anticipate and accurately determine all the desires of society, in fact speculating on them and claiming that everyone who does not agree with this should be involved in the “we are against them” scenario
Keywords: populism, democracy, society, elections.
Reference bibliographic list
1. Glukhova A. V. Populism as a political phenomenon: the challenge of modern democracy // POLIS. Political studies. – 2017. – T. 4. – No. 4. – P. 49-68.
2. Kulik A. N. Political participation, democracy and populism in the digital age // Political expertise: POLITEKS. – 2017. – T. 13. – No. 4. – P. 4-22.
3. Musikhin G. I. Populism: a structural characteristic of politics or a “flawed ideology”? // Journal of Political Philosophy and Sociology of Politics “Polity. Analysis. Chronicle. Forecast”. – 2009. – № 4. – P. 40-53.
4. Fishman L. G. Populism is for a long time // Polis. Political studies. – 2017. – No. 3. – P.55-70.
5. Frank D. Populism as a challenge to liberal democracies // Actual problems of Europe. – 2004. – No. 2. – P. 56-73.
PHILOSOPHY. RIGHT. SOCIETY
KUDRYASHOVA Elena Viktorovna
Ph.D. in science philosophicals, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the B. P. Bugaev Ulyanovsk Civil Aviation Institute
IDEOLOGICAL SENSE OF TECHNICS
The article discusses the genesis of the modern scientism, the main ideas and principles of technocracy. It is shown how the scientism ideology deals with ideas of the Enlightenment, how it is realized in the Positivism and the Marxism, it is analyzed the general points of the post-industrialism. The author asks the question aboutthe preparedness of the modern native culture to accept the ideological sense of post-industrialism and makes the conclusion about some negative effects of that ideology.
Keywords: scientism, technocracy, post-industrialism, ideology, the Positivism.
Reference bibliographic list
1. Bell D. The coming post-industrial society: the experience of social forecasting. – M.: Academia, 1999. – 768 p.
2. Inozemtsev VL Prospects for post-industrial theory in a changing world // New post-industrial wave in the West: an anthology. – M.: Academia, 1999. – S. 3-72.
3. Istyufeev A. V. The crisis of humanism in the conditions of modern technogenic civilization // Bulletin of the OSU. – 2007. – No. 7. – P. 58-63.
4. Kolycheva S. V. Technocracy as the cause of the crisis of humanistic culture // Omsk Scientific Bulletin. – 2006. – No. 6. – P. 31-35.
5. Makeev S. V. Conceptual versions of the philosophy of scientific and technological progress // Vestnik RUND. – 2008. – № 4. – P. 36-43.
6. Rachkov P. A. On the death and immortality of ideology // Bulletin of the Moscow University. Series 7. Philosophy. – 1999. – No. 2. – P. 30-49.
7. Toffler E. The Third Wave. – M.: AST Publishing House, 1999. – 661 p.
8. Habermas Yu. Technology and science as “ideology”. – M.: Praxis, 2007. – 208 p.
9. Eagleton T. Ideology: An Introduction. – Verco, 1991. – 256 pp.
PHILOSOPHY. RIGHT. SOCIETY
PANGELSKAYA Darya Evgenjevna
magister student of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University
YAKOVLEV Nikolay Mikhaylovich
Ph.D. in Law, associate professor of the M. K. Ammosov North-Eastern Federal University, the Honored Lawyer of the Russian Federation, veteran of the Prosecutor’s Office of the Russian Federation
LEGAL RESPONSIBILITY IN MODERN PUBLIC LAW
The article analyzes the main theoretical provisions of legal liability in modern public law, such as its essence and characteristics.
Also, in the article below, the approaches of domestic authors and researchers to such a category of law as legal responsibility are considered.
The object of the study is the essence of legal responsibility as a category of modern public law.
The aim of the work is to analyze the essence of such a legal phenomenon as legal responsibility, to consider approaches to its understanding.
Keywords: legal responsibility, offense, author, definition, state coercion.
Reference bibliographyto
1. Bazylev B. T. Legal liability. – Krasnoyarsk: Krasnoyarsk University Press, 1985.
2. Vengerov A. B. Theory of state and law. – M.: Omega-L, 2016.
3. Krestyannikov A. E. The concept of legal responsibility // Young scientist. – 2018. – № 23.
4. Tsyurina NV Legal responsibility as an institution of law // Siberian Legal Bulletin. – 2013. – № 1.
5. Lipen SV Theory of state and law. – M.: Yurayt, 2015.
6. Radko T. N. Theory of state and law. – M.: Prospekt, 2017.
7. Roslov M. M. Theory of state and law: a textbook for universities. – M.: Yurayt, 2015.
8. Perevalov VD Theory of state and law: Textbook for universities. – M.: Norma, 2005.
9. Shilekhin K. E. — An approach to the classification of types of legal liability // NB-Media. – 2021. – № 3.
10. Yachmenev Yu. V. Legal responsibility: concept, types, features // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – № 54.
PHILOSOPHY. RIGHT. SOCIETY
KHAYRULLIN Rim Nurovich
Ph.D. in science philosophicals, associate professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
MODERN IDEAS ABOUT THE HARMONY OF NATURE AND SOCIETY: THEIR ORIGINS AND METHODOLOGICAL PROBLEMS
The author of this article considers contemporary views on the harmony of nature and society as a synthesis of ecological concepts of antiquity and modern times (naturalism and technicism). He connects them with the ideas of scientists of the XX century about the noosphere. The conclusion of the article is the thought that in practice it is probably impossible to achieve complete harmony of society and the environment. At the same time, we can evaluate it as a regulatory idea, a methodological guideline of activity.
Keywords: society, environment, naturalism, technicism, harmony, practice, regulatory idea.
Reference bibliographic list
1. Aristotle. Metaphysics // Aristotle. Works in 4 volumes. T. 1. – M .: Thought, 1976. – S. 63-367.
2. Vernadsky V.I. A few words about the noosphere // Vernadsky V.I. Biosphere and noosphere. – M .: Iris prEss, 2004. – P. 470-483.
3. Moiseev N. N. Man and noosphere. – M .: Young Guard, 1991. – 351, [1] p.
4. Fedorov N. F. The question of brotherhood … // Fedorov N. F. Works. – M.: Thought, 1982. – S. 53-442.
5. Shklovsky I. S. Universe. Life. Intelligence. – M.: Nauka, 1987. – 319, [1] p.
6. Schreider Yu. A. Utopia or organization // Global problems and universal values. – M.: Progress, 1990. – P. 7-26.
PHILOSOPHY. RIGHT. SOCIETY
TSIPLAKOVA Yuliya Vladimirovna
Ph.D. in philosophical sciences, associate professor of History of philosophy, philosophical anthropology, aesthetics and theory of culture sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University, associate professor of Social and humanitarian disciplines sub-faculty of the V. F. Yakovlev Ural State Law University
SHUTALEVA Anna Vladimirovna
Ph.D. in science philosophicals, associate professor of Ontology and theory of cognition sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University, associate professor of Social and humanitarian disciplines sub-faculty of the V. F. Yakovlev Ural State Law University
ETHICAL AND LEGAL PROBLEMS IN THE CONCEPT OF TRANSHUMANISM
The article is devoted to the study of the development of the concept of transhumanism in the context of the formation of ideas about the posthuman in Western philosophy from the end of the 20th to the beginning of the 21st century. The article deals with the ethical and legal problems associated with implementing the transhumanist program. It is shown that the posthumanistic aspect of the ethical and legal difficulties of transhumanism determines the interaction of a person with the latest technologies in social and everyday life.
Keywords: posthumanism, transhumanism, existential risk, science, artificial intelligence, ethics law, posthuman, digital society.
Reference bibliographic list
1. Baudrillard J. Consumer society. His myths and structures. M.: Cultural revolution; Republic, 2006.
2. Burdett M. Incarnation, Posthumanism and Performative Anthropology: The Body of Technology and the Body of Christ // Christian bioethics: Non-Ecumenical Studies in Medical Morality. – 2022. Vol. 28(3). pp. 207-216. https://doi.org/10.1093/cb/cbab009
3. Huxley J. Transhumanism. [Electronic resource]. – Access mode: https://eroskosmos.org/transhumanism/ (access date: 12/20/2022).
4. Zimmerman. M. The last man or superman? Transhumanist interpretations of the Nietzschean theme. [Electronic resource]. – Access mode: https://eroskosmos.org/transhumanistic-nietzsche/ (access date: 12/20/2022).
5. Khvastunova Yu. V. Digital religion for a transhuman // Scientific Bulletin of the Gorno-Altai State University. 2020. Volume 15. P. 188-192.
6. Bostrom N. Existential Risk Prevention as Global Priority // Global Policy. 2013. Vol. 4(1). pp. 15-31. DOI: 10.1111/1758-5899.12002
7. Nietzsche F. Works in 2 volumes. T.2. M.: Thought, 1990.
8. Deleuze J. A Thousand Plateaus: Capitalism and Schizophrenia. Yekaterinburg: U-Factoria; Moscow: Astrel, 2010.
9. Bostrom N. The Fable of the Dragon-Tyrant // Journal of Medical Ethics. 2005 Vol. 31(5). pp. 273-277. [Electronic resource]. – Access Mode: http://dx.doi.org/10.1136/jme.2004.009035
10. Hughes J. Democratic Transhumanism 2.0. [Electronic resource]. – Access Mode: http://www.changesurfer.com/Acad/DemocraticTranshumanism.htm (accessed 12/20/2022).
11. Shchipkov V. A. Secular foundations and utopian features of the ideology of transhumanism. Bulletin of the Moscow University. Series 12. Political sciences. 2018. No. 3. P. 7-24.
12. Grechkina E. N. Transhumanism – the worldview of the XXI century or a civilizational threat to humanity // Humanitarian, socio-economic and social sciences. 2015. No. 8. P. 34-37.
PHILOSOPHY. RIGHT. SOCIETY
KODESNIKOV Georgiy Dmitrievich
postgraduate student of the UNESCO sub-faculty of the Institute of State Service and Management of the RANEPA under the President of the Russian Federation
THE PROBLEM OF CONSCIOUSNESS AND MENTAL CAUSALITY IN THE PRE-CARTESIAN PERIOD OF WESTERN PHILOSOPHY: IN SEARCH OF FUNDAMENTAL FOUNDATIONS
This article is devoted to understanding the formation of problems of consciousness and mental causation in the philosophical discourse. The focus is on the concepts developed by philosophers in the pre-Cartesian, ancient period. The article analyzes several conceptual approaches that are the sources for the modern understanding of this problem. Different research positions are contrasted, where materialist ideas fix the absence of a direct influencece of consciousness on our behavior, while idealist ones, on the contrary, affirm consciousness as the center of action with a causal potential. It is stated that there are direct parallels between the ideas of the period of Antiquity and modern areas of research, and also that the conceptually current ideas do not have significant methodological differences.
Keywords: mental causality, philosophy of mind, antiquity, physicalism, interactionism.
Reference bibliographic list
1. Aristotle. Works in four volumes. Volume 1 / Ed. V. F. Asmus, 1976. – 549 p.
2. Frey C. Aristotle’s solution to the problem of mental causation // Phronesis. – 55(4). – 2010. – Rp. 292-312.
3. McLaughlin, B., Beckermann, A., & Walter, S. (Eds.). The Oxford Handbook of Philosophy of Mind. – Oxford University Press, 2011.
4. Passmore J. A. Plato on consciousness // Mind. – 84 (334). – 1975. – Rp. 285-300.
5. Sedley D. Epicurus’ Theory of Consciousness: An Analysis of Its Physicalism // Oxford Studies in Ancient Philosophy. – Vol. 17, 1999. – Rp. 1-29.
6. Sorabji R. Aristotle on Self-Consciousness // In Aristotle Transformed: The Ancient Commentators and Their Influence, edited by Richard Sorabji, 1-12. – Oxford University Press, 1990.
PHILOSOPHY. RIGHT. SOCIETY
KHAKIMOV Nazim Nazipovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE USE OF ARTIFICIAL INTELLIGENCE IN SCIENTIFIC ACTIVITY: THE LEGAL AND ETHICAL SIDE OF THE ISSUE
The article focuses on the use of artificial intelligence in scientific activity in the Russian Federation. Due to the active development of information technologies, the question of the equivalence of the results of neural networks in various fields of activity has been raised for a long time. The author also suggests the possibility of using artificial intelligence for quick, maximally voluminous and efficient data selection.
Keywords: artificial intelligence, information, network, research, pedagogical community.
Reference bibliographic list
1. Bizyukov N. V. Information noise as a method of language manipulation (on the basis of journalistic discourse) // Bulletin of the Krasnoyarsk State Pedagogical University. V. P. Astafieva. – 2014. – No. 3 (29). – P. 159-163.
2. Proshina M. V. Modern methods of natural language processing: neural networks // Construction Economics. – 2022. – No. 5. – S. 27-42.
3. Chernobaev I. D., Surkova A. S., Pankratova A. Z. Text modeling using recurrent neural networks. R. E. Alekseeva. – 2018.
SULYAGIN Semyon Daniilovich
postgraduate student of the St. Petersburg University of Management Technologies and Economics, arbitration manager
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, professor of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
MISHALCHENKO Mariya Yurjevna
assistant of civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
PUBLIC AND INTERNATIONAL LEGAL PROTECTION ASPECTS OF CONSTITUTIONAL RIGHTS OF CITIZENS IN THE CONDITIONS OF DIGITAL MODERNIZATION OF SOCIETY IN THE RUSSIAN FEDERATION
This study is devoted to the problem of compliance with the constitutional rights of citizens in the context of digital modernization of society in the Russian Federation. In the context of the digital transformation of society and the state, this study is of particular importance and relevance. The purpose of the study is to identify problems in a given area. The author analyzes such important constitutional rights as the right to privacy, the right to vote and the right to appeal to public authorities, as well as the right to education through the prism of digitalization of the relevant rights. As a result of the research, the author identified a number of problems inherent in ensuring these rights in the context of digital modernization. As a result of the research, the author forms a general picture of the insufficiency of technical equipment and material and technical base for the transition to electronic formats, as well as the lack of developed mechanisms for monitoring compliance with rights, which is why at the moment there is a decrease in the quality of providing citizens of the Russian Federation with these constitutional rights. The author of the study believes that public authorities should pay attention to increasing funding for the digitalization of society, ensuring control mechanisms and modernization of the regulatory framework.
Keywords: digitalization, constitutional rights, Constitution, state.
Reference bibliographic list
1. Karasev A. T., Kozhevnikov O. A., Meshcheryagina V. A. Digitalization of legal relations and its impact on the implementation of individual constitutional rights of citizens in the Russian Federation // Antinomies. – 2019. – No. 19 (3). – P. 99-119.
2. Kartskhiya A. A. Digital transformation and human rights // Russian political science. – 2018. – No. 4 (9). – P. 33-38.
3. Kozlova E. I., Kutafin O. E. Constitutional law of Russia: Textbook for students, teachers of law. universities. – 4th ed., revised. and additional – M.: Prospekt, 2010. – 608 p.
4. Salamov N. M. Restriction of the rights and freedoms of a person and a citizen in order to protect health in a pandemic: problems and proposals // Siberian Legal Bulletin. – 2021. – No. 4 (95). – P. 52-59.
5. Strebkova E. G. Digitalization of constitutional rights and freedoms: the essence and problems of implementation // Legal policy and legal life. – 2021. – No. 1. – P. 217-225.
6. Strokov A. A. Digitalization of education: problems and prospects // Bulletin of the Minin University. – 2020. – Volume 8. No. 2. – P. 1-14.
7. Zhadan V.N. To the question of modern topical problems of constitutional law // Legal Science. – 2019. – No. 7. – P. 13-18.
INTERNATIONAL LAW
AMIROV Dinar Rustemovich
Ph.D. in Law, Consultant of the Federal Institute of Vocational Education, Moscow
DIFFERENTIATION OR FRAGMENTATION OF INTERNATIONAL LAW?
The article discusses the “fragmentation” of international law. The report of International Law Commission on fragmentation of international law is critically analyzed. The author illustrates that there are no grounds for conclusions about the loss of systemic properties by international law due to its ongoing “fragmentation” and the emergence of “self-contained” regimes. The expansion of the scope of international legal regulation does not lead to fragmentation, but to the differentiation of international law. At the same time, the risks of a genuine fragmentation of international law are examined in connection with the ongoing transformation of international relations and the concept of a “rules-based international order”.
Keywords: international law; system of international law; fragmentation of international law; self-contained regimes; rules-based order
Reference bibliographic list
1. Averyanov A. N. System: philosophical category and reality. M.: Thought, 1976.
2. Alekseev S. S. Law: ABC – Theory – Philosophy: Experience of a comprehensive study. M.: Statut, 1999.
3. Alekseev S. S.Collected works. In 10 tons [+ Reference. volume]. Volume 2: Special issues of jurisprudence. M.: Statut, 2010.
4. Belyaeva G. S. Doctrinal foundations of the concept and essence of the legal regime // Modern theory of legal regimes: theoretical and sectoral approaches: monograph / V. P. Belyaev, G. S. Belyaeva, K. V. Dyadyun [and others] . Krasnoyarsk: Sib. feder. university, 2017.
5. Vylegzhanin A. N., Nefedov B. I., Voronin E. R., Magomedova O. S., Zotova P. K. The concept of “rule-based order” and international law // Moscow Journal of International Law. 2021. No. 2. P. 35-60.
6. Gaverdovsky A. S. Implementation of the norms of international law. Kyiv: Head publishing house of the Publishing Association “Vishcha Shkola”, 1980.
7. Kolodkin R. A. Fragmentation of international law // Moscow Journal of International Law. 2005. No. 2. P. 38-61.
8. Lavrov S. V. On the law, rights and rules // Russia in global politics. 2021. No. 4. 8-20.
9. Lukashuk II International legal regulation of international relations. M.: Intern. relations, 1975.
10. Lukashuk I. I. Norms of international law in the international normative system. Moscow: Spark Publishing House, 1997.
11. Lukashuk I. I. The right of international responsibility. M. Walters Kluver, 2004.
12. Plotnikov A. V. Evolution of doctrinal approaches to understanding and evaluating the fragmentation of international law // Russian Journal of Law. 2013. No. 3. P. 15-19.
13. The system of law: history, modernity, prospects: monograph / T. N. Radko, D. M. Azmi, A. A. Golovina [and others]; ed. T. N. Radko. M.: Prospekt, 2020.
14. Malksoo L. Russian approaches to international law. Oxford university press, 2015.
15. Matz-Luck N. Structural Questions of Fragmentation // Proceedings of the Annual Meeting (American Society of International Law). 2011 Vol. 105.Pp. 125-127.
16. Peters A. The refinement of international law: From fragmentation to regime interaction and politicization // International Journal of Constitutional Law. 2017 Vol. 15.Pp. 672-673.
17. Post H. H. G. Some curiosities in the sources of the law of armed conflict conceived in a general international legal perspective // Netherlands Yearbook of International Law. Vol. 25. 1994. App. 83-117.
18. Simma B. Self-contained regimes // Netherlands Yearbook of International Law. 1985 Vol. 16.Pp. 111-136.
19. Simma B., Pulkowski D. Of Planets and the Universe: Self-contained Regimes in International Law // EJIL. 2006 Vol. 17. No. 3.Pp. 483-529.
INTERNATIONAL LAW
ANTONOV Alexander Yurjevich
lecturer of the Barnaul Law Institute of the MIA of Russia
PROSPECTS FOR INTERNATIONAL COOPERATION OF THE MINISTRY OF THE INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
The development of Russia at the present stage is characterized by active reformation of all spheres of our society, including the implementation of state policy regarding internal affairs. The aim of the article is to analyze the system of international cooperation of the Ministry of Internal Affairs of the Russian Federation with the competent authorities of foreign states on the basis of domestic regulatory legal acts, interdepartmental international treaties of the Russian Federation. Practical significance of the study manifests itself in the fact that the considered material can be used for further researches in the field of unification and harmonization of the legislation of various countries aimed at strengthening international cooperation. The relevance of the research topic is determined by the importance of improving the legal framework for international cooperation of the Ministry of the Internal Affairs of the Russian Federation. Taking into consideration the facts listed above, it is possible to draw a perspective for discussing the matter in the scientific circles.
Keywords: international law, international cooperation, law enforcement agencies, Interpol, UN.
Reference bibliographic list
1. Konovalova L. A. International cooperation of bodies engaged in police activities // Glossa: Bulletin of student science, edition of the Department of Theory and History of State and Law of Kursk State University – 2019. – P. 80-85.
2. Order of the Ministry of Internal Affairs of Russia dated January 18, 2019 No. 15 (as amended on December 28, 2021) “On approval of the Regulations on the International Cooperation Department of the Ministry of Internal Affairs of the Russian Federation” // Consultant Plus SPS.
3. “European Convention on Mutual Legal Assistance in Criminal Matters” (Concluded in Strasbourg on April 20, 1959) (as amended on November 8, 2001). European Treaties Series No. 30.
4. “Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters” (Concluded in Minsk on January 22, 1993) (as amended on March 28, 1997) (entered into force on May 19, 1999)4, for the Russian Federation 10.12.1994) // ATP “Consultant Plus”.
5. “Convention against Transnational Organized Crime” (adopted in New York on November 15, 2000 by Resolution 55/25 at the 62nd plenary meeting of the 55th session of the UN General Assembly) (as amended on November 15, 2000) // ATP Consultant Plus.
6. Minyaev A. A. National Bureau of Interpol in Russia: prerequisites for creation // In the collection: Law enforcement activities of internal affairs bodies in the context of modern scientific research: Materials of the international scientific and practical conference. – 2019. – S. 244-248.
7. Tatsyura V. S. International cooperation in the field of combating illicit trafficking in counterfeit, substandard and unregistered medicines, medical devices and the circulation of counterfeit biologically active additives // In the collection: Interaction of law enforcement agencies and special services of the CIS member states in the field of combating crime : Materials of the international scientific-practical conference. – 2021. – S. 166-171.
8. Fayzrakhmanov N. F. Fighting Trafficking of Falsified and Substandard Medicinal Products in Russia. // International Journal of Risk and Safety in Medicine. – 2015. – P. 37-40.
9. Aliev Ya. L., Salnikov P. P. International law enforcement and police traditions in Russia // Legal science: history and modernity. – 2012. – No. 8. – P. 130-150.
10. Kolesnikov V. A., Sitnikov K. A. On the process of reforming the UN police peacekeeping // Public safety, law and order in the III millennium. – 2020. – No. 6. – P. 112-117.
INTERNATIONAL LAW
DELEGEOZ Elena Gennadjevna
Ph.D. in historical sciences, associate professor of Constitutional and administrative law sub-faculty of the Saint-Petersburg State University of Economics
THE PRINCIPLE OF SOVEREIGN IMMUNITY OF STATES: MODERN TRENDS IN LEGAL SCIENCE AND PRACTICAL IMPLEMENTATION
In this paper, a comparative legal analysis of the UN Convention on Jurisdictional Immunities of States and Their Property of 2004 and the Federal Law on Jurisdictional Immunities of Foreign States and Property of a Foreign state in the Russian Federation of 2015 is carried out. The problems of applying the principle of sovereign immunity of the States in modern conditions are solved by the States themselves to a greater extent within the framework of national legislation. The author comes to the conclusion that the Russian legislation has attempted to move to the position of the concept of functional immunity of a foreign state.
Keywords: sovereign immunity, jurisdictional immunity, principles of international law.
Reference bibliographic list
1. Boguslavsky M. M. State immunity. – Moscow: IMO Publishing House, 1962. – 231 p.
2. Convention on Jurisdictional Immunities of States and Their Property. [Electronic resource]. – Access mode: https://base.garant.ru/2564149/53f89421bbdaf741eb2d1ecc4ddb4c33/ (date of access: 01.02.2023).
3. International private law. Textbook / Krylov S. B., Peretersky I. S. – Moscow: Jurid. Publishing House of the NKJU USSR, 1940. – 205 pp.
4. International private law. Textbook// Ed. Dmitrieva G.K. – M., 2003. – 688 p.
5. Federal Law “On jurisdictional immunities of a foreign state and property of a foreign state in the Russian Federation” dated November 3, 2015 No. 297-FZ (last edition). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_188328/ (accessed 01.02.2023).
6. Khlestova I. O. Problems of jurisdictional immunity of a foreign state // Abstract of the dissertation for the degree of Doctor of Law. – Moscow, 2003. – 52 p. [Electronic resource]. – Access mode: https://new-disser.ru/_avtoreferats/01002622737.pdf.
INTERNATIONAL LAW
KLIMOVA Olesya Valerjevna
Ph.D. in Law, associate professor of Customs law and official activity sub-faculty of the Far Eastern State University of Railway Transport, Khabarovsk
KARAEV Akhmad Abdurakhmanovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Institute (branch) of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), Khabarovsk
PROBLEMS OF CODIFICATION OF NORMS OF INTERNATIONAL LEGAL RESPONSIBILITY: HISTORICAL AND LEGAL ASPECT
The work on codification of the norms of international legal responsibility was carried out in different periods not only by individual scientists and scientific institutions, but also by non-governmental and intergovernmental organizations. However, so far none of these attemptshas led to the emergence of a universal international concept. The article provides a step-by-step review of the codification of the norms of international legal responsibility. The role of international legal doctrine, scientific institutions, international organizations and states in the formation and systematization of the law of international responsibility is noted.
Keywords: international law, international organizations, codification of international law, law of international responsibility, institute of international responsibility.
Reference bibliographic list
1. Resolution by the UN General Assembly 56/83 of December 12, 2001 “Responsibility of States for internationally wrongful acts” // Russian Yearbook of International Law. – 2002. – S. 361-376
2. UNCLOS Yearbook. – 1975. – T. II. – P. 66-71.
3. Keshner M. V. The right of international responsibility: a textbook. – M.: Prospekt, 2019. – 240 p.
4. Kolosov Yu. M. Responsibility in international law. – M., 1975. – 256 p.
5. Kolosov Yu. M. Responsibility in international law. – 2nd ed. – M.: Statute, 2014. – 224 p.
6. Lukashuk I. I. The right of international responsibility. – M.: Wolters Kluver, 2004. – 432 p.
7. Roth A. Das volkerrechtliche Delikt vor und in der Verhandlungen auf der Haager Kodifications Konferenz 1930. – Leipzig, 1932. – P. 177-178.
INTERNATIONAL LAW
PANOV Philipp Yurjevich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
UNILATERAL RESTRICTIVE MEASURES THROUGH THE PRISM OF THE WORKS OF THE NATIONAL DOCTRINE OF INTERNATIONAL LAW
Unilateral restrictive measures that have been introduced in Russia since 2014 are not the first case of the application of such measures against Russia. Throughout its history, Russia has repeatedly faced the introduction of various kinds of economic restrictions against it, as well as introducing its own restrictions as a retaliatory measure.
In this article, the author gives examples confirming the use of restrictive measures against Russia before the events of 2014 and the Cold War period, and also analyzes the perception of this issue by the classical domestic international legal doctrine.
Keywords: sanctions, restrictive measures, embargo, retorsions, military neutrality, continental blockade, Martens.
Reference bibliographic list
1. Doraev M. G. Economic sanctions in the law of the USA, the European Union and Russia. – M.: Infotropic Media, 2016. – P. 114-124.
2. Sidorenko L. V. The armed neutrality of Catherine the Great as a blow to the English counter-revolution // St. Petersburg and the countries of northern Europe. – 2020. – No. 22 (1-2).
3. Piggott F. T. Freedom of the Seas, Historically Treated. – London: H.M. Stationery Off, 1920.
4. Igolkin I. Yu. On the conclusion of a peace treaty between Russia and France in 1800 – 1801. // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of Russia. Russia and the world. – 2021. – No. 4 (30). – P. 125.
5. Tarle E. V. Napoleon’s invasion of Russia, 1812. – M.: Military Publishing, 1992. – S. 4-5.
6. Martens F. F. On the right of private property during the war. – St. Petersburg, 1869. – S. 47-48.
7. Glandin S. V. Exclusion from sanctions lists in the EU Court. The experience of Russia’s “allies” // Legal Insight. – No. 10 (46). – 2015. – P. 41.
INTERNATIONAL LAW
LEBEDEVA Yana Igorevna
Research Fellow of the Human Rights Department of the Institute of State and Law of the Russian Academy of Sciences
OPINIONS OF THE VENICE COMMISSION ON CERTAIN ASPECTS OF EUROPEAN INTEGRATION
This article analyzes the history of cooperation between the European Union and the Venice Commission. Since the establishment of the EU in 1992, the Venice Commission has provided assistance to the Union in various aspects of integration process. In the early stages, it was manifested in participation in the development of the all-Union Act on European Citizenship, as well as in advising the Republic of Estonia on its accession to the European Union. Further, the study focuses on the opinions of the VC in relation to specific areas of European integration, such as the interaction of the Union law with the constitutional law of the Member States; the legal consequences of the adoption of the EU Charter of Fundamental Rights; the EU’s accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, etc. The conclusion states that The European Commission for Democracy through Law is carrying out a significant work that helps consolidate the European system of human rights protection and preserve the “European constitutional heritage”.
Keywords: European Union, Council of Europe, Venice Commission, human rights, integration law, democracy, constitutional reform.
Reference bibliographic list
1. Lebedeva Ya. I. Decisions of the Court of Justice of the European Union as a factor in the formation of European integration // International justice as a factor of integration: monograph / Otv. ed. T.Ya. Khabrieva, A.I. Kovler. – M.: IZiSP: NORMA: INFRA-M, 2019. – P. 38-63.
2. Ryabova V. O. Accession of the European Union to the European “Convention for the Protection of Human Rights and Fundamental Freedoms”: problems and prospects // Asia-Pacific Region: Economics, Politics, Law. – 2015. – No. 1. – P. 172-185.
3. Khabrieva T. Ya. Venice Commission as a subject of law interpretation: Monograph. – M.: Statute, 2018.
4. Entin KV Accession of the European Union to the ECHR // Moscow Journal of International Law. – 2012. – No. 3. – S. 108-124.
5. Kadelbach S. The European Court of Justice and Human Rights Law // Judging International Human Rights: Courts of General Jurisdiction as Human Rights Courts / Ed. by Kadelbach S., Rensmann T. Rieter E. – Cham: Springer, 2019.
INTERNATIONAL LAW
NIKIFOROVA Elena Nikolaevna
Ph.D. in Law, acting Head of National security and international law sub-faculty of the Russian State Hydrometeorological University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University; associate professor of Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
INTERNATIONAL ENVIRONMENTAL LAW IN A TIME OF UNCERTAINTY
The article deals with the problems of international legal regulation of environmental protection and rational use of natural resources in a period of political instability, instability of mechanisms for the application of certain conventions, treaties and agreements. Proposals are discussed on possible mechanisms of legal regulation in the environmental sphere and the prospects for developing a new concept for the development of interstate cooperation on sustainable development and environmental protection in the short and medium term in the changed international environment.
Keywords: environmental safety, international environmental law, environmental protection, sustainable development, EAEU.
Reference bibliographic list
1. Alimov A. A., Ermolina M. A. Prospects for Russia’s participation in international cooperation in the field of environmental protection in the framework of the development of Eurasian economic integration // Eurasian legal journal. – 2016. – No. 1 (92). – P. 177-181.
2. Ermolina M. A. International environmental law: a textbook for universities. – M .: “Yurayt”, 2023. – 187 p.
3. Kadyrov A. A. Problems of development of environmental law and legislation in Kyrgyzstan // Ecological law. – 2020. – No. 4. – P. 34-40.
4. Sarksyan I. L. Model legislation as a phenomenon in international law // Public and private international law. – 2021. – No. 5. – P. 7-9.
5. Khabrieva T. Ya. On the importance of environmental law and legislation in solving problems of environmental protection. In: Law and Ecology: Materials of the VIII International School-Practice for Young Lawyers (Moscow, May 23-24, 2013) / Ed. ed. Comparative Law under the Government of the Russian Federation: INFRA-M, 2014. – P. 29.
6. Shemshuchenko Yu. S. Ecological constitution of the Earth: conceptual approaches // State and law. – 2008. – No. 6. – P. 23.
INTERNATIONAL LAW
SIDOROV Alexey Matveevich
competitor of the RANEPA under the President of the Russian Federation
NOVIKOVA Irina Petrovna
Head of the Legal Department of “NPC “NAUKA-SERVICE”, Moscow
GUDIMENKO Galina Valerjevna
Ph.D. in economical sciences, professor of the Kaliningrad State Technical Institute
COMPARATIVE ANALYSIS OF THE FUNCTIONING OF THE ADMINISTRATIONS OF THE PRESIDENTS OF THE MEMBER STATES OF THE COMMONWEALTH OF INDEPENDENT STATES
The activity of the Presidents of the states is connected with the daily solution of a huge number of issues in various spheres of life of society and the country as a whole. To ensure the functioning of the Presidential power, special subsidiary bodies – presidential administrations – have been created and empowered. The use of separate general scientific and private scientific methods, such as statistical, the method of comparative jurisprudence, etc., allowed the authors to conduct a comparative analysis of the functioning of the Administrations of the Presidents of the member states of the Commonwealth of Independent States. For comparability of the calculated data, the following indicators are determined: the share of costs for ensuring the activities of Presidential Administrations in federal budget expenditures and in the gross domestic product of states, as well as the average annual costs per employee of administrations of individual countries. According to the results of the study, it was concluded that the costs of ensuring the functioning of presidential administrations in different countries, although they differ in physical volume, are comparable in terms of the proposed indicators, are approximately at the same level and do not depend on the number of employees of administrations, their structures, the size of GDP and the volume of budgets.
Keywords: state bodies, subsidiary body, presidential administration, powers.
Reference bibliographic list
1. Gavrilova N. V., Prokofiev V. F. Foreign experience in organizing administrations of the head of state // State power and local self-government. – 2014. – No. 1. – S. 56-62.
2. Kim V. V. The concept of auxiliary government bodies: the institution of plenipotentiaries of the President of Russia in federal districts // Actual problems of Russian law. – 2020. – T. 15. No. 7 (116). – P. 22-29.
3. Kuznetsov S. A. Institute of the President of the Russian Federation in the light of the constitutional reform // Eurasian Law Journal. – 2021. – No. 2 (153). – P. 97-99.
4. Mikhailichenko I. V. The Institute of the President of the Russian Federation in the Renewed Constitution of Russia // Problems of Law. – 2021. – No. 3 (82). – P. 14-19.
5. Nechkin A. V. Subsidiary bodies under the head of state in the CIS countries // Modern law. – 2022. – No. 6. – P. 138-144.
6. Petrovsky D. N. Constitutional and legal status of subsidiary bodies under the head of state: a comparative legal study // Abstract of the thesis. … candidate of legal sciences: 12.00.02 / Mosk. state un-t im. M. V. Lomonosov. – Moscow, 2005. – 20 p.
PRIVATE INTERNATIONAL LAW
ALEKHIN Timofey Olegovich
postgraduate student of Public legal disciplines sub-faculty of the Institute of Law and Management of the Moscow City Pedagogical University.
KRIVENKIY Alexander Ivanovich
Ph.D. in historical sciences, professor of Civil law disciplines sub-faculty, professor of International law and human rights sub-faculty of the Institute of Law and Management of the Moscow City Pedagogical University
COMPARATIVE ANALYSIS OF JUVENILE JUSTICE IN RUSSIA AND SWEDEN
Juvenile justice and its problems towards minors have been worrying scientists and human rights activists for a long time. Yet nowadays there is no consensus about either what is juvenile justice, and juvenile courts as a part of it, or how relevant it is to society and the state. The article provides a comparative analysis of both juvenile justice in general and the court session composition in juvenile cases in Russia and Sweden. It highlights, in particular, which juvenile offenses are solved in the courts themselves and which are solved in the social protection agencies, as well as the role of public organizations related to juvenile justice including international ones.
Keywords: socialization of individual, juvenile justice, juvenile delinquency, justice system, protection of the rights of minors, social protection agencies, public organizations, international organizations.
Reference bibliographic list
1. Alekhin T. O. The legal status of a child in Sweden // Proceedings of young researchers of the VIU RANEPA: a collection of articles by young scientists / Ed. ed. A. I. Bardakov, A. E. Epifanov, O.A. Sergachev. – Volgograd: VIU-RANEPA, 2020. – S. 54-59.
2. Report on cases of removal of children from families in Norway and Sweden and neighboring Scandinavian countries to the Secretary General of the Council of Europe, Mr. Thorbjørn Jagland Avenue del Europe F – 67O75 Strasbourg CEDEX France December 10, 2012: [Electronic resource]. – Mode of access: (date of access: 30.10.2022)
3. Convention on the Rights of the Child 1990: International acts on human rights // Collection of documents. 2nd ed., add. – M .: Publishing house NORM. 2002. – P. 54.
4. Kotov O. Juvenile justice: historical experience and modern problems // Journal of foreign legislation and comparative law. – No. 5 (24) / Institute of Legislation and Comparative Law under the Government of the Russian Federation – M.: 2018 – P.54.
5. Report of the UN Committee on the Rights of the Child, Sweden, 2009, p. 34-35: [Electronic resource]. – Mode of access: http://www2.ohchr.org/english/bodies/crc/docs/co/CRC-C-SWE-CO-4.pdf (accessed 28.10.2022)
6. Scandinavian countries today or what they are, “Europeanvalues”. – [Electronic resource]. – Access mode: http://voodoopipl.ru/yuvenalnaya-yusticiya/shveciya-segodnya-ili-kakovy-oni-evropejskie-cennosti/(Accessed: 10/25/2022).
PRIVATE INTERNATIONAL LAW
BASKAKOVA Yana Alexeevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
GLINSHCHIKOVA Tatiana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
MITASHOVA Anastasia Anatoljevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
CONFLICT OF LAWS REGULATION OF MARRIAGE AND FAMILY RELATIONS
The article raises the problems arising in the sphere of conflict regulation of marriage and family relations in the Russian Federation. The authors emphasize that Section VII of the Family Code of the Russian Federation does not fully correspond to modern realities and trends, which is why it is necessary to make appropriate changes and additions to this section. The authors draw attention to a number of problematic provisions contained in section VII of the Family Code of the Russian Federation. On the basis of certain provisions (norms) of the designated section, the authors illustrate the currently existing problems of conflict-of-laws regulation of certain specific institutions, such as recognition of a marriage concluded in a foreign state on the territory of the Russian Federation, property relations of spouses arising from a marriage contract, regulation of adoption. The authors in their work raise the question of the need to amend the provisions of the conflict of laws rule of art. 165 of the RF IC, the question of the choice of the law to be applied to the marriage contract concluded between foreign and Russian persons is raised, the possibility of recognizing same-sex partnerships found abroad in Russia is considered. The conclusion is formulated about the need to modernize the norms of Section VII of the Family Code of the Russian Federation.
Keywords: marriage; family; conflict of laws rule; prenuptial agreement; unification; adoption.
Reference bibliographic list
1. On amendments to part three of the Civil Code of the Russian Federation: Feder. Law of September 30, 2013 No. 260-FZ // SZ RF. -2013. – No. 40 (part III). – Art. 5030.
2. On introducing amendments to the Family Code of the Russian Federation in order to strengthen the institution of the family: draft feder. Law of July 14, 2020 No. 989008-7. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/174451-8 (date of access: 11/27/2022).
3. On the application of the norms of private international law by the courts of the Russian Federation: Decree of the Plenum of the Supreme Court of the Russian Federation of 07/09/2019 No. 24 // ATP “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru/document (date of access: 11/27/2022).
4. On measures of influence on persons involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation: Feder. Law of December 28, 2012 No. 272-FZ // SZ RF. – 31.12.2012. – No. 53 (part I). – Art. 7597.
5. On Amendments to Articles 127 and 146 of the Family Code of the Russian Federation: Draft Feder. Law No. 174451-8 dated August 1, 2022. [Electronic resource] Access mode: https://sozd.duma.gov.ru/bill/174451-8 (date of access: 11/27/2022).
PRIVATE INTERNATIONAL LAW
DZAMASHVILI Revaz Rezoevich
postgraduate student of the Institute of Public Administration of the RANEPA under the President of the Russian Federation
THE DIVISION OF THE SPOUSES’ REAL ESTATE COMPLICATED BY A FOREIGN ELEMENT ON THE EXAMPLE OF RUSSIA AND GEORGIA
The article examines the peculiarities of the application of the norms of private international law in relation to the division of joint immovable property of spouses in case of complications by a foreign element on the example of the legislation of Russia and Georgia. Currently, in accordance with international legal norms, the legislation of the Russian Federation recognizes the supremacy of international treaties over national legislation in the case of cases complicated by a foreign element, but in practice this leads to legal conflicts. And as a result, to the loss of some rights of Russian citizens.
Keywords: family law, division of marital property, private international law.
Reference bibliographic list
1. Civil Code of the Russian Federation (Part Four) dated December 18, 2006 No. 230-FZ // Collection of Legislation of the Russian Federation. – 25.12.2006. – No. 52 (1 hour). – Art. 5496. Ed. dated 05/23/2018 – SPS “Garant”.
2. Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ // Rossiyskaya Gazeta. – 2002. – № 220.
3. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // Rossiyskaya Gazeta. – 1996. – № 17.
4. Agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations in civil, family and criminal cases dated September 15, 2019
5. Civil Code of Georgia. – M.: Legal Center Press, 2002. – 750 p.
6. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ // Rossiyskaya Gazeta. –1994. – No. 238-239.
STATE AND LAW THEORY
BUTAKOVA Nadezhda Alexandrovna
Ph.D. in Law, Head of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical sciences, Dean of the Faculty of Natural Sciences and Humanities Education of the St. Petersburg State Maritime Technical University
TARASOV Alexander Sergeevich
Ph.D. in historical sciences, associate professor of International maritime law sub-faculty of the St. Petersburg State Maritime Technical University
SHIMODSKY TREATISE OF 1855: SPECIFICS OF PREPARATION AND IMPLEMENTATION
The article is devoted to the peculiarities of the preparation and implementation of the Shimoda Treaty of 1855 – the first normative legal act establishing the Russian-Japanese border, defining the order of trade relations between states. The methodological basis of the article was general scientific methods and special (historical-legal, etc.) research methods. The article identifies the factors that influenced international law-making in the middle of the 19th century.
Keywords: History of law, legal regulation of international relations, Russian-Japanese borders, treaty, foreign policy.
Reference bibliographic list
1. Butakova N. A., Evgrafova I. V., Tarasov A. S. Features of the settlement of Russian-Japanese relations in the 50s. XIX century // National scientific and political journal “Power”. 2022. No. 5 (vol. 30). pp. 215-221.
2. Butakova N. A., Evgrafova I. V., Tarasov A. S., Chepel A. I. Evolution of organizational and legal counteraction to piracy at sea // Eurasian Law Journal. 2022. No. 6 (169). pp. 82-86.
3. Zilanov V.K., Koshkin A.A., Plotnikov A.Yu., Ponomarev S.A. Russian Kuriles: history and modernity: Sat. documents on the history of the formation of the Russian-Japanese border and the Soviet-Japanese border. M., 2015. 400 p.
4. Ilyinskaya OI Legal basis of the territorial demarcation between Russia and Japan // Journal of Russian law. 2016. No. 5. P. 129-141.
5. Plotnikov A. Yu. On the issue of the importance of the Kuril Islands in the history of the Asia-Pacific region // Vestnik MSLU. Social Sciences. 2018. Issue. pp. 140-146.
6. Russian State Archive of the Navy (RGA VMF) F. 410. Op. 2. D. 1074.
7. Treatise on trade and borders between Russia and Japan. (Simodsky) [Document]: January 26 / February 7, 1855 // Site of the Presidential Library. B. N. Yeltsin. [Electronic resource]. – Access mode: https://www.prlib.ru/item/375717 (accessed 01/15/2023).
STATE AND LAW THEORY
VARMUND Viktoriya Vsevolodovna
senior lecturer of Notary and civil law disciplines sub-faculty of the Russian Academy of Advocacy and Notary
DETERMINISM OF FREE WILL AS THE BASIS OF LEGAL PERSONALITY
The article analyzes free will as the basis of legal personality, based on the doctrine of the relationship and mutual certainty of all phenomena and processes, considers free will through the prism of the doctrine of universal causality. The hypothesis that individuals have free will as a measure of freedom is revealed. A doctrinal and legal analysis of legal personality is made, the issues of the formation and development of legal personality institutions in Russian law are considered. In particular, the content of legal personality is investigated through the prism of free will. The legal assessment of the grounds for the realization of subjective rights and the performance of legal obligations by an individual with free will be reflected.
Keywords: legal personality, subject of law, determinism, free will.
Reference bibliographic list
1. Avdeeva O. A., Avdeev V. A. Axiomatic principles of legal regulation of delinquency // Legal world. – 2018. – № 3.
2. Avdeeva O. A., Avdeev V. A. Legal pluralism in the assessment of deof Linquence: Problems of Ontological Essence in Russian and Foreign Legislation // International Criminal Law and International Justice. – 2018. – № 5.
3. Avdeeva O. A., Varmund V. V. Legal personality as a legal property of an individual: the main stages of legal genesis // Scientific works of the Russian Academy of Advocacy and Notariat. – 2019. – No. 2 (53).
4. Alekseev S. S. General theory of law: textbook. 2nd ed. – M.: Prospekt, 2008.
5. Arkhipov S. I. Subject of law. Theoretical study. – St. Petersburg: “Legal Center Press”, 2004.
6. Warmund VV Theoretical and legal aspects of legal personality. // Scientific works. Russian Academy of Legal Sciences. Issue 22. – M .: Publishing Group “Jurist” LLC, 2022.
7. Korkunov NM Lectures on the general theory of law. – St. Petersburg: Jurid. Center Press, 2003.
STATE AND LAW THEORY
DOVGAN Ksenia Evgenjevna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
FRAMEWORK LEGAL REGULATION IN THE RUSSIAN FEDERATION: FACTORS OF DEVELOPMENT
Based on the analysis of the legal doctrine and Russian legislation, the article examines the factors that influence the development of the framework legal regulation in the Russian Federation. Purpose: to determine the conditions for the formation and development of the framework of legal regulation in the Russian legal system. The methodological basis was formed by general scientific and special legal methods. Results: the author’s position regarding the development of framework legal regulation is argued, the main trends in legal regulation in the Russian legal system are highlighted. Among them are the features of the development of federal relations, legal reform and the adoption of framework legislation, the influence of international law on national legal regulation, and others.
Keywords: legal regulation, framework legal regulation, federalism, concretization.
Reference bibliographic list
1. Vlasenko N. A. Reasonableness and certainty in legal regulation. – Moscow: INFRA-M, 2014. – 154 p.
2. Vlasenko N. A. Crisis tendencies in the lawmaking of modern Russia // Legal technique. – 2015. – No. 9. – P. 175-182.
3. Gadzhiev G. A., Kovalenko K. A. The principle of legal certainty in constitutional justice // Journal of constitutional justice. – 2012. – № 5. – S. 12-19.
4. Kruss V. I. Constitutionalization of law: fundamentals of the theory: monograph. – M.: Norma: INFRA-M, 2021. – 240 p.
5. Kutafin O. E. The subject of constitutional law. – M.: Jurist, 2001. – 443 p.
6. Nevinsky V. V. “Transformation” of the constitutional foundations of Russian federalism: selected aspects // Fundamentals of the constitutional system. Ensuring the dignity of the individual. Constitutional principles of public authority: Selected works. – M.: Formula of Law, 2012. – 752 p.
7. Sukhanov E. A. On the concept of development of legislation on legal entities // Journal of Russian law. – 2010. – No. 1 (157). – P. 5-12.
STATE AND LAW THEORY
ISMAILOVA Diana Enverovna
postgraduate student of History of state and law sub-faculty of the Institute of Law of the Dagestan State University
CONSTITUTIONAL REFORM OF 2003 IN THE REPUBLIC OF DAGESTAN
The author in this article explores the theoretical and practical aspects of the constitutional development of the Republic, also considers the objective prerequisites for the drafting and adoption of the Constitution of the Republic of Dagestan of 2003. Analyzes the changes that have taken place in the constitutional and legal system of Dagestan. Which led to the need to bring them into line with the Constitution of the Russian Federation of 1993.
Keywords: Constitution of Russian Federation of 1993, Constitution of Dagestan of 2003, transformations, constitutional legal reforms, state building, federative reforms, constitutionalism.
References
1. Khalifaeva A.K. Konstitutsiya Respubliki Dagestan 1994 goda: istoriya podgotovki i prinyatiya [The Constitution of the Republic of Dagestan of 1994: the history of preparation and adoption] / Khalifaeva A.K., Ismailova D.E. // Yuridicheskii vestnik DGU [Legal bulletin of the DSU]. 2017. No. 1. S. 28. (In Russ.)
2. Istoricheskii vybor dagestanskogo naroda [The historical choice of the Dagestan prople] / Doklad Predsedatelya Konstitutsionnoi komissii, Pradsedatelya Gosudarstvennogo Soveta RD M. M. Magomedova na Konstitutsionnom sobranii RD 10 iyustanlya 2003 goda // Dagestanskaya Pravda [periodical Dagestanskaya Pthravda) (Dagestanskaya Pravda [periodical Dagestanskaya Pthravda)]. 2003. July 11. (In Russ.).
3. Konstitutsionnaya komissiya zavershila rabotu nad proektom Osnovnogo Zakona [The Constitutional Commission has completed work on the draft of the Basic Law] // Dagestanskaya Pravda [periodical Dagestanskaya Pravda (Dagestan Truth)]. 2003. July 8. (In Russ.).
4. Nimatulaeva R. A. Nekotorye problemy konstitutsionnogo razvitiya Respubliki Dagestan [Some problems of the constitutional development of the Republic of Dagestan] // Konstitutsionnoe i munitsipal’noe pravo [Constitutional and municipal law]. 2009. No. 10. (document predostavlen SPS Konsul’tant plyus – data obrashcheniya 10/18/2022). (In Russ.).
5. Khalifaeva A. K. Istoriya gosudarstva i prava Dagestana [History of the state and law of Dagestan]. – Makhachkala, 2015. (In Russ.).
6. Konstitutsiya Respubliki Dagestan [Constitution of the Republic of Dagestan]: prinyata Konstitutsionnym Sobraniem 07/10/2003 // document predostavlen SPS Konsul’tant plyus (data obrashcheniya 10/18/2022). (In Russ.).
7. Pirbudagova D.Sh., Savzieva T.B. / Yuridicheskii vestnik DGU [Legal bulletin of the DSU]. 2015. No. 2. S. 47. (In Russ.).
8. Zakon Respubliki Dagestan dated 01.11.2006 No. 50 “O vyborakh Narodnogo sobraniya Respubliki Dagestan” [Law of the Republic of Dagestan dated 01.11.2006 No. 50 “On elections of deputies of the People’s Assembly of the Republic of Dagestan”] (v redaktsii Zakona RD dated March 11, 2009 No. 14) [Elektronnyi fond pravovykh I normativno-tekhnicheskikh dokumentov / Electronic fund of legal and regulatory documents]. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/802077759 (data obrasheniya: 01/31/2023). (In Russ.).
9. Pozdravlenie Prezidenta RD Alieva M. G. s Dnem Konstitutsii RD [Congratulation of the President of the Republic of Dagestan M.G. Aliev on the Constitution Day of the Republic of Dagestan] // Dagestanskaya Pravda [periodical Dagestanskaya Pravda (Dagestan Truth)]. 2006. July 26. (In Russ.).
10. Murtuzaliev A. M. Povyshenie pravovoi kul’tury kak aktual’naya zadacha sovremennosti [Improving legal culture as an urgent task of our time] // Vestnik DGU [Legal bulletin of the DSU]. 2013. Vyp. 2 S. 5-10. (In Russ.).
11. Cherepanov V. Federativnaya reforma v Rossii: sovremennoe sostoyanie i perspektivy razvitiya [Federal reform in Russia: current state and prospects of development] // Politiko-pravovye resursy federalizma v Rossii [Political and legal resources of federalism in Russia] / Pod red . R. Khakimova. Kazan’, 2006. S. 67. (In Russ.).
STATE AND LAW THEORY
FASTOVICH Galina Gennadjevna
senior lecturer of Theory and history of state and law sub-faculty of the Krasnoyarsk State Agrarian University
KAPSARGINA Svetlana Anatoljevna
Ph.D. in pedagogical sciences, associate professor of Foreign language sub-faculty of the, Krasnoyarsk State Agrarian University
KUDASHOVA Irina Vladimirovna
Ph.D. in philosophical sciences, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
TO THE QUESTION OF THE APPLICATION OF INFORMATION TECHNOLOGIES IN THE SYSTEM OF LOGISTICS PROCESSES OF THE RUSSIAN FEDERATION
The article analyzes the Institute of Information Technology in the system of logistics processes in modern Russia. The authors reveal the issues of security of the territorial integrity of the state in terms of the effectiveness of logistics transportation in the food security system. The article reflects the characteristic features of information technologies, their essence, positive and negative aspects, as well as their impact on the effectiveness of state regulation.
Keywords: territorial integrity, logistics processes, information technology, efficiency, state, food security.
References
1. Russian Federation. On the Strategy for the Development of the Information Society in the Russian Federation for 2017 – 2030: Decree of the President of May 9, 2017 No. 203. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022).
2. Decree of the Government of the Russian Federation of December 29, 2021 No. 3971-r “On approval of the strategic direction in the field of digital transformation of the sectors of the agro-industrial and fishery complexes of the Russian Federation for the period up to 2030”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022).
3. Fastovich GG To the question of the implementation of the principle of efficiency in the activities of the mechanism of the state // Law and state: theory and practice. – 2010. – No. 12 (72). – P. 23-25.
4. Fastovich G. G., Osipova E. S. On the issue of providing land plots for the needs of diplomatic missions: a theoretical aspect // Agrarian and land law. – 2019. – No. 10 (178). – P. 4-5.
STATE AND LAW THEORY
KALUZHNY Kirill Lvovich
postgraduate student of Public policy and history of state and law sub-faculty of the Peoples’ Friendship University of Russia
DYSFUNCTION OF A SOCIAL INSTITUTION AS A COMPONENT OF THE ENVIRONMENT OF LAW
The actual problem of the coverage of rights as an established socio-cultural phenomenon has always occupied an important place in the spiritual attitude of a person. Law is a multifaceted conclusion, and the science of law consolidates coverage and the most important information. The article contains a late and historical analysis of the dysfunctions of the institutions of law in general and law in particular. The relationship between the philosophical and legal category of law and law as such is also revealed. The author substantiates the methodological significance of this category in a number of mathematical theoretical and legal categories.
Keywords: dysfunction, environment of law, social institution, church, doctrine.
Reference list:
1. Bachinin V. A. Law // Encyclopedia of Philosophy and Social Law. St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2006. P. 620.
2. Bachini V. A. Law // Encyclopedia of Philosophy and Social Law. St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2006. P. 621.
3. Salakhov V.P. Philosophy of law. M.: Academic project; Ekaterinburg: Business Book, 2002. P. 357.
4. Arseniev N. A. Orthodoxy, Catholicism, Protestantism. Paris, 1948. P. 56.
5. Sigalov K. E. The place of the category “environment of law” in the system of categories of legal theory // Society and Law. 2010. No. 3 (30). pp. 29-35.
6. Dostoevsky F. M. Brothers Karamazov. L.: Nauka, 1991. T. 9-10.
STATE AND LAW THEORY
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor of the West-Siberian branch of the Russian State University of Justice, Tomsk
CHERNIKOVA Alexandra Dmitrievna
postgraduate student of the West-Siberian branch of the Russian State University of Justice, Tomsk
LEGAL CONSCIOUSNESS OF THE RUSSIAN CIVIL SERVANT
The scientific article deals with the problem of the development of the legal consciousness of Russian civil servants, as well as its importance for the qualitative implementation of professional activity. This problem is quite relevant, because the legal consciousness of civil servants has a unique specificity of its formation due to historical, political, social and other factors. Also, as a result of the study, the main provisions were identified, proving that the further development of society depends on the right consciousness, professionalism and efficiency of the activities of civil servants.
Keywords: legal consciousness, civil servant, professional legal consciousness, state apparatus, political and legal factors of the functioning of the state, socio-economic factors of the functioning of the state.
Reference bibliographic list
1. On the State Civil Service of the Russian Federation Federal Law No. 79-FZ of July 27, 2004 (No. 569-FZ of December 28, 2022)
2. Vysokih Yu. V. To the question of the primary sources of legal consciousness // Socium and power. – 2007. – No. 1 (13). – P. 58-60
3. Kerimov A. D. Problems of the general theory of law and state: in 3 volumes. M .: Modern Humanitarian University, 2001. – T. 1. – 266 p. 4. Ulitin I. N. On countering the manifestations of legal nihilism by civil servants of the Russian Federation // Materials of the International Youth Scientific Forum “LOMONOSOV-2017”. – M.: MAKS Press, 2017. – 180 p.
5. Data of the investigative committee for the Irkutsk region. – Text: [Electronic resource] – Access mode: https://sledcom.ru/news/item/1474811/?doc=1 (05/19/2021).
STATE AND LAW THEORY
KOVALENKO Natalya Evgenievna
postgraduate student of the Institute of Law of the Altai State University
DECONSTRUCTION OF POSTMODERNISM. THE TREND OF THE SUBJECT OF LAW IN THE INFORMATION SOCIETY
This article is devoted to the analysis of the current state of the institution of the subject of law in the era of digitalization, the trends of its development in the information society are identified. The conclusion is made about the deconstructive manifestation of postmodernism,expressed in the erosion of the anthropocentricity of law. As a result, the essence of the classical approach to the subject of law is relegated to the background, giving way to “subject-object” relations.
Keywords: person, subject of law, subject of legal relationship, legal relationship, law, anthropocentrism, digitalization, society, state.
Reference bibliographic list
1. Arkhipov S. I. Subject of law: theoretical study. – St. Petersburg: R. Aslanov Publishing House “Legal Center Press”, 2004. – 469 p.
2. Gabov A. V. Legal personality: a traditional category of law in the modern era // Bulletin of the SGLA. – 2018. – No. 2 (121). – P. 105-122.
3. Kistyakovsky B. A. Philosophy and sociology of law. – SPb.: Publishing House of the RKhGI, 1998. – 798 p.
4. Marchenko M. N. Problems of the theory of state and law: Textbook // Moscow State University. M. V. Lomonosov. 2nd ed., revised. and additional – M.: Norma: NITs Infra-M, 2019. – 784 p.
5. Nersesyants V. S. General theory of law and state: a textbook for universities. – M.: Norma: INFRA-M, 2021. – 560 p.
6. Pavlov V. I. Energy-legal discourse as a post-classical anthropology of law. Towards the beginnings of the deconstruction of the classical model of legal responsibility // Izvestiya of higher educational institutions. Jurisprudence. – 2012. – No. 2. – S. 14-39.
7. Chestnov I. L. Subject of law: from classical to post-classical paradigm // Jurisprudence. – 2009. – № 3. – S. 22-31.
HISTORY OF STATE AND LAW
OSPISHCHEV Roman Igorevich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Peoples’ Friendship University of Russia
CODIFICATION OF MIGRATION LEGISLATION IN RUSSIA: LEGAL ANALYSIS
The issue under consideration in this article is currently one of the topical issues in the migration and legal direction. The issue of codification is controversial in the society of theorists and practitioners. The author reveals the essence of the stated problem and argues for the need to codify the current migration legislation. The codified act in the field of migration will bring together in a single act the main legal aspects of the material and procedural part.
Keywords: foreign citizen, migration law, migration, legal status.
Reference bibliographic list
1. Andrichenko L. V. Migration legislation in the system of Russian legislation // Journal of Russian law. – 2018. – No. 3 (255). – P. 5-16.
2. Matrosova L. D. On the codification of the migration legislation of the Russian Federation // Public service and personnel. – 2020. – No. 3. – S. 208-210.
3. Redkous V. M. General characteristics of the legal regulation of population migration under the legislation of the Republic of Kazakhstan // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – No. 4. – P. 249-254.
HISTORY OF STATE AND LAW
EGOROV Petr Mikhaylovich
Ph.D. in political sciences, scientific researcher of the Institute for Humanities Research and Indigenous Studies of the North of the Siberian branch of the Russian Academy of Sciences
STATE POLICY OF SCIENTIFIC STUDY OF THE ARCTIC REGIONS OF YAKUTIA IN THE POST-WAR PERIOD (1945-1953)
The article considers the development of the policy of the Soviet state in the scientific study of the Arctic and northern regions of Yakutia in the post-war period (1945-1953). Almost immediately after the end of the Great Patriotic War, at the initiative of the republican authorities, scientific research was resumed in Yakutia. During this period, science actively developed and contributed to the solution of domestic and foreign policy problems, a powerful research reserve was accumulated, which allows modern Russia to be the undisputed leader in some areas of the development of the Arctic today.
Keywords: science policy, research, Arctic, Yakutia.
Reference bibliographic list
1. Academic science in Yakutia (1949–2009) / Ch. ed. A. F. Safronov, responsible ed. V. V. Shepelev. – Novosibirsk, 2009. – 220 p.
2. Ermolaeva Yu. N. Russian Academy of Sciences and Yakutia. XX century. // Science and education. – 2002. – No. 3. – P. 22-27.
3. Ermolaeva Yu. N. The Yakut complex expedition of 1925-1930: The development of science in Yakutia. – Novosibirsk: Nauka, 2001. – 162 p.
4. Kupershtokh N. A. Formation of academic science in Yakutia and its contribution to the study of the productive forces of the North-East of Russia // Yakutsk archive. – 2012. – No. 1. – P. 9-18.
5. Makarova E. I., Petrov V. P., Tokarev A. D. The history of the post-war development of academic science based on the materials of the sessions of the Academic Council of the Kola Research Base of the Academy of Sciences (1948-1949). // Proceedings of the Kola Scientific Center RAN. Humanitarian research. Issue 11. – 2017. No. 4. – P.18-35.
6. I. V. Stalin’s speech at the pre-election meeting of voters of the Stalin constituency of the city of Moscow on February 9, 1946 // Stalin I. V. Complete works. Volume 16. -M., 1997 – S. 5-16.
7. Suleimanov A. A. USSR Academy of Sciences and research of the Arctic regions of Yakutia in the late 1940s – 1990s. Book one: Socio-humanitarian areas. – Novosibirsk: Nauka, 2021. – 348 p.
HISTORY OF STATE AND LAW
NECHEVIN Dmitriy Konstantinovich
Ph.D. in Law, professor, professor of Administrative law and process sub-faculty of the O. E. Kutafin Moscow State Law University
THE PRINCIPLE OF JUSTICE IS AN IMPERATIVE, THE CIVILIZATION OF LAW: HISTORICAL AND LEGAL ANALYSIS
The article analyzes the features of ensuring and implementing the principle of justice in the application of the norms of domestic administrative and criminal legislation, and on this basis differentiates the types of administrative and criminal punishment, increasing their effectiveness and preventive significance by a new legal concept in the Criminal Code of the Russian Federation – “criminal offense”. The historical and foreign experience, as well as the genesis of the concept and the problem of measurement are studied and analyzed.
Keywords: public danger, criminal offense, administrative offense, measurement problem, nature of public danger.
Reference bibliographic list
1. Aseev VG Motivation of behavior and personality formation. M., 1976.
2. Berdyaev N. New Middle Ages. Reflections on the fate of Russia. M., 1991.
3. Bluvshtein Yu. D. Criminology and mathematics. M., 1974.
4. Karpets I. I. Crime: illusions and reality. M., 1992.
5. Kondratyuk N. Anthropology of crime (microcriminology). M., 2001.
6. Kruglikov L. Consideration by the court of mitigating and aggravating circumstances in sentencing // Soviet justice. 1974. No. 14. P. 4-6.
7. Luneev V. V., Matskevich I. M., Nechevin D. K. Problems of domestic crime: statistics and realities // Eurasian legal journal. 2011. No. 1 (32). pp. 103-116.
8. Luneev VV, Nechevin DK “Punk Prayer” in the Cathedral of Christ the Savior and its political and criminological significance // Russian criminological view. M., 2012. No. 3. S. 301-317.
9. Nechevin DK Current state of crime in Russia. Tula: TSU 2022. P. 186-192.
10. Nechevin D.K., Kolodkin L.M. Judicial reform and its problems // Academic Thought. M., 2018. No. 1 (2). P. 7-10.
11. Omar Khayyam. Rubai. Tashkent, 1981. P. 160.
12. Osipov G. V., Andreev E. P. Measurement methods in sociology. M., 1977.
13. Ruchka A. A. Social values and norms (some theoretical and applied issues of sociological analysis). Kyiv, 1975.
14. Savyuk L. Quantitative measurement of the degree of social danger of crimes // Socialist legality. 1975. No. 5. P. 69-71.
15. Sakharov A. B. Methods of a comprehensive study of the identity of the offender // “Problems of improving the efficiency of the preliminary investigation.” Vilnius, 1969.
16. Tagantsev N. S. Lectures on Russian criminal law. The part is common. Issue. 1. St. Petersburg, 1887.
17. Criminal law. A common part. Edited by L. D. Gaukhman, S. V. Maksimov. M., 2003.
18. Criminal law. Some are common, some are special. Edited by L. D. Gaukhman, L. M. Kolodkin, S. V. Maksimov. M., 1999.
19. The Criminal Code of the Russian Federation as of November 01, 2018 plus a guide to judicial practice and a comparative table of recent changes. M., 2018.
20. Educational and practical commentary on the Criminal Code of the Russian Federation. M., 2005.
21. Chubarev VL Social danger of crime and punishment (quantitative methods of study). M., 1982.
22. Shestakov D. A. Family criminology (family, conflict, crime). M., 1996.
HISTORY OF STATE AND LAW
YUMASHEV Yuriy Mikhaylovich
Ph.D. in Law, chief researcher of the Institute of State and Law of the Russian Academy of Sciences
THE HISTORY OF POLITICAL IDEAS IN ANTIQUITY AND THE MIDDLE AGES
The history of political ideas represents the formation of political theories, starting from ancient Greece. The authors of these theories developed them by developing themes, posing problems, discussing and interpreting the texts they created. Over the past millennia, questions have been debated: “What is power and strength?”, “What does justice mean in politics?”, “Who deserves to be a ruler, what should his human qualities be and who should he rule?”
The evolution of these ideas is influenced, in addition to temporary factors, by the mostsignificant events (and their consequences) of each epoch, such as wars, crises, and the conclusion of peace agreements. The nature of the political system also plays an important role.
The history of ideas serves as an arsenal of arguments and models of political theories, with the help of which it is possible to better understand the problems of modern and future development of society. The political ideas of the past are by no means historical relics. They help to better understand the socio-political structure of modern states and the forms of their continued existence in the future.
Keywords: antiquity, state, citizen, democracy, political ideas, religion, Middle Ages, Christianity.
Reference bibliographic list
1. Aristotle. Works in 4 volumes. M., 1976-1984. Volume 4.
2. Blessed Augustine. About the city of God. M., 1994.
3. Budagov R. A. Portraits of linguists of the XIX-XX centuries. M., 1988.
4. Guerrier N. Blessed Augustine. M., 2003.
5. Davis J.K. Democratic and Classical Greece. M., 2004.
6. Azimov A. History of Greece. M., 2007.
7. Vernand J.-P. The origin of ancient Greek thought. M., 1988.
8. Windelband V. History of ancient philosophy. Kyiv, 1995.
9. Windelband W. Plato. Kyiv, 1993.
10. Gergely E. History of the papacy. M., 1996.
11. Ancient Greece / Ed. ed. V. V. Struve. M. 1956.
12. Gilson E. Philosophy in the Middle Ages. M., 2004.
13. Zubov V.P. Aristotle. M., 1963.
14. Kolesnitsky N. F. Holy Roman Empire: claims and reality. M., 1977.
15. Copleston F. Ch. History of medieval philosophy. M., 1997.
16. Plato. Works. Volume 3. M., 1971.
17. Tertullian K. S. F. Selected works. M., 1994.
18. Habermas Y. Between naturalism and religion. M., 2011.
19. Shershenevich G. F. History of philosophy of law. St. Petersburg, 1907.
20. Encyclopedic Dictionary. Volume 2. M., 1995.
21. Maggie B. The Great Philosophers. OUP, 1988, P. 332ff.
22. Taureck B. H. F. Die Sophisten. Wiesbaden, 2005.
23. Wacks R. Philosophy of Law. OUP, 2006.
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
KULIKOVSKAYA Irina Sergeevna
senior lecturer of Civil and international law sub-faculty of the Admiral F. F. Ushakov State Maritime University
LEGAL REGULATION OF MARINE INSURANCE IN THE RUSSIAN EMPIRE
The article analyzes the transformation of the legislative consolidation of the rules of marine insurance in the Russian Empire. The structure and content of the fundamental legal acts on the regulation of marine insurance are analyzed. A distinctive feature of the legislative regulation of marine insurance is revealed – a legally fixed alternative to the application of “rules adopted by other states” in the presence of a gap in the legislation or in the event of a situation not provided for by the insurance policy. In fact, the main act regulating marine insurance in Russia was the Hamburg Rules of 1867, legally allowed for use.
Keywords: marine insurance, merchant shipping, charter, sea vessel, code of laws, risks.
Reference 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. – S. 312.
2. Troitskaya I. V. Features of civil law regulation of insurance in the sphere of entrepreneurship in pre-revolutionary Russia and in the USSR // Proceedings of the Russian State Pedagogical University. A. I. Herzen. – 2010. – No. 134. – P. 114-127.
3. Trading charter // SZRI. – T. XI. – Part II. – 1833.
4. Vitsyn A. Contract of marine insurance under Russian law. – St. Petersburg, 1865.
5. Decision of the 4th Department of the Governing Senate dated November 29, 1901 No. 2089 // The practice of the former 4th and Judicial Departments, the 2nd General Governing Senate of the Assembly and the Civil Cassation Department of the Governing Senate on commercial matters from 1889 to 1913 g. inclusive. Volume II. Comp. A. Dobrovolsky, N. Ber. – St. Petersburg, 1914. – S. 732.
6. Decision of the 4th Department of the Governing Senate of 1891 No. 1034 // The practice of the former 4th and Judicial Departments, the 2nd General Governing Senate of the Assembly and the Civil Cassation Department of the Governing Senate for commercial affairs from 1889 to 1913 inclusive. Volume II. Comp. A. Dobrovolsky, N. Ber. – St. Petersburg, 1914. – S. 742.
7. Decision of the 4th Department of the Governing Senate of 1895 No. 918 // Practice of the former 4th and Judicial Departments, 2nd General Governing Senate Assembly and CivilDanish Cassation Department of the Governing Senate for commercial affairs from 1889 to 1913 inclusive. Volume II. Comp. A. Dobrovolsky, N. Ber. – St. Petersburg, 1914. – S. 708.
8. Ivashchenko E. S. The development of marine insurance in Russia in the first half of the nineteenth century // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2018. – V. 4 (70). – No. 3. – S. 266-276.
9. Shershenevich G. F. Textbook of commercial law. – St. Petersburg, 1908.
10. Platonov A. S. Historical and legal analysis of the development of marine insurance in Russia // History of State and Law. – 2007. – No. 16. – S. 12-14.
11. Tikston Ya. A. Russian maritime policy // Insurance review. – 1898. – No. 11. – S. 656.
HISTORY OF STATE AND LAW
LI Hua
Ph.D., Dean of the Institute of Languages and Culture (International Institute) of the Shanghai University of Politics and Law (China).
FEDYUSHKINA Arina Igorevna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Faculty of Law of the N. I. Lobachevsky National Research Nizhni Novgorod State University
FEATURES OF THE COURT AND JUSTICE OF MEDIEVAL GERMANY ACCORDING TO THE SACHSENSPIEGEL (SAXON MIRROR)
This article examines the Saxon mirror as a source of medieval law in Germany. The authors emphasize that the legal monument is addressed primarily not to law connoisseurs, but to the “common people” who take part in legal proceedings. The authors analyze the norms on the judiciary and legal proceedings, characterize the jurisdiction of the court of the gograf (village headman) and the class nature of the trial.
Keywords: Customary Law, Saxon Mirror, Court, Middle Ages, Justice, Western European law.
Reference bibliographic list
1. Saxon mirror: Monument, comments, research / Responsible. ed. V. M. Koretsky; ed. Art. L. I. Dembo, G. A. Aksenyonok, V. A. Kikot; Institute of State and Law of the Academy of Sciences of the USSR. — M.: Nauka, 1985.
2. Eike
3. Manuwald H. Pictorial narrative in legal manuscripts? The Sachenspiegel manuscript in Wolfenbuttel // Word & Image. – Vol. 23. – № 3. – 2007.
4. Rentmeister L. Das Verhältnis zwischen Staat und Kirche im späten Mittelalter am Beispiel der Diskussion um den Sachsenspiegel. Freie Universität Berlin, Berlin 2016. [Electronic resource]. – Access mode: https://refubium.fu-berlin.de/handle/fub188/6676
5. Schott C. Der Sachsenspiegel als mittelalterliches Rechtsbuch // Sachsenspiegel: Die Wolfenbütteler Bilderhandschrift Cod. Guelf 3. 1. Aug 2, edited by Ruth Schmidt-Wiegandü Berlin. – Boston: Akademie Verlag, 1993. – P. 25–42. https://doi.org/10.1515/9783050069074-013
6. Schmidt-Wiegand R. Text-Bild-Interpretation: Untersuchungen zu den Bilderhandschriften des Sachsenspiegels. – Munich, 1986.
HISTORY OF STATE AND LAW
RYABCHENKO Alexander Grigorievich
Ph.D. in historical sciences, professor, professor of Theory and history of state and law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
ORGANIZATIONAL AND LEGAL BASES OF CRIMINAL PROCEDURAL ACTIVITY OF THE RUSSIAN POLICE SINCE THE END OF THE XVIII CENTURY BEFORE THE REFORM OF 1862
The article analyzes the regulatory and legal basis of police activity at the pre-trial stage of criminal proceedings in Russia in the late XVIII – mid XIX centuries. The assessment of the main stages in the organizational development of the institute of preliminary investigation is given.
Keywords: search, police, criminal case, bailiff, preliminary investigation, governor, nizhny zemsky court.
Reference bibliographic list
1. Okun S. V. Essays on the history of the USSR. L., 1948. S. 53-56.
2. Ryabchenko E. V., Palazyan A. S., Ryabchenko A. G. Theoretical and methodological features of the “reborn” natural law in Russia in the late XIX – early XX centuries. Krasnodar, 2006. P. 63.
3. Matienko T. L. Investigation as a special scientific concept: historical and legal arguments // Journal of Russian law. 2009. No. 2. P. 48.
4. Ryabchenko A. G., Petrosyan S. N. Regulation of the interrogating powers of the police at the initial stage of the investigation of crimes in the Russian Empire in the late 18th – early 19th centuries. // Society and law. 2011. No. 4 (36). pp. 25-28.
5. Tushev A.A. On the need for further editing of the Criminal Procedure Code of the Russian Federation // Russian Justice. 2009. No. 1. P. 37.
6. Private bailiff GraBitelev // Sovremennik. 1859. No. 12. P. 5.
7. Borisov A. V. The police of autocratic Russia in the first quarter of the 11th century. Dis. … cand. legal Sciences. M., 1982. S. 63.
8. Ampleeva T. Yu. History of criminal proceedings in Russia (IX-XIX centuries). Abstract dis. … doc. legal Sciences. M., 2009. S. 26.
9. Dzionik V.R. The Ministry of Police of Russia during the period of formation and the Patriotic War of 1812 (historical and legal aspect). Abstract dis. … cand. legal Sciences. SPb., 2001. S. 13.
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
PROSPECTS FOR THE DEVELOPMENT OF THE OMBUDSMAN ABROAD AND IN DOMESTIC PRACTICE
Currently, the norms in the field of human rights and freedoms throughout progressive humanity are observed in accordance with the relevant articles of the basic laws of the state, as well as other normative legal acts. Despite the degree of development of legal systems in the world, there are still difficulties with the observance of human rights and freedoms. One of the most striking examples of the creation of such bodies that monitor the observance of human rights and freedoms are the ombudsmen. The study examines the current problems of the development of the Ombudsman institution, as well as the prospects for its development.
Keywords: human rights, citizen, ombudsman, commissioner, democracy, powers.
Reference bibliographic list
1. Chuksina VV Ombudsman institution in the modern world // Legal culture. – 2022. – No. 1 (48). – P. 109.
2. Saidov FZ Constitutional and legal status of ombudsmen in foreign countries // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (62). – P. 25-33.
3. Rudenko V. V. The Institute of Ombudsmen for Human Rights in the Subjects of the Russian Federation: Problems of Formation and Prospects for Development // Bulletin of the O. E. Kutafin University (MSUA). – 2021. – No. 4 (80). – P. 155-163.
CONSTITUTIONAL LAW
KICHALYUK Olga Nikolaevna
Ph.D. in Law, associate professor, Head of Constitutional and municipal law sub-faculty of the Institute of Service and Entrepreneurship (branch) of the Don State Technical University in Shachty
EXECUTIVE POWER AND THE PRESIDENT OF THE RUSSIAN FEDERATION IN NEW CONSTITUTIONAL REALITIES
The article examines the relationship between the President of the Russian Federation, the Government of the Russian Federation and other executive authorities in the light of the 2020 constitutional reform. The problems associated with ensuring the principle of separation of powers as a principle of the constitutional order of Russia are analyzed. Attention is focused on strengthening the influence of the head of state as a whole on the system of public authorities as a result of the modification of the norms of the Constitution of the Russian Federation.
Keywords: Constitutional reform, President of the Russian Federation, Government of the Russian Federation, executive power, powers, principle of separation of powers.
Reference bibliographic list
1. Alabastrova I. A. Legal status of the head of state as a mirror of the national political regime // Constitutional Bulletin. – 2021. – No. 6 (24). – P. 71-77.
2. Akchurina A. V. Orders of the President of the Russian Federation as a new constitutional and legal instrument in the aspect of constitutional responsibility // Constitutional and municipal law. – 2021. – No. 9. – P. 63-65.
3. Grachev N. I. features of legal acts of the President of the Russian Federation and the constitutional and legal formula of presidential power in Russia // Bulletin of the Saratov State Law Academy. – 2021. – No. 2 (139). – S. 30.
4. Dzidzoev R. M. The President of the Russian Federation and the Government of the Russian Federation: new facets of relations // Journal of Russian Law. – 2021. – T. 21. – No. 5. – S. 43-54.
5. Kireeva E. Yu., Nudnenko L. I., Tkhabisimova L. A. Trends in the legal regulation of interaction between the President of the Russian Federation and the Government of the Russian Federation // Constitutional and municipal law. – 2020. – No. 10. – S. 39.
6. Kondrashev A. A. Super-presidential republic in Russia: myth or reality? // Bulletin of the University. O. E. Kutafina (MSUA). – 2018. – No. 6. – P. 34-42.
7. Keramova S. N., Shikhmirzaev Yu. Sh. President of the Russian Federation and Executive Power // Law and Law. – 2021. – No. 12. – S. 38-41.
8. Yugov A. A. Public authorities in the light of the constitutional reform – 2020: concept and main features // Constitutional and municipal law. – 2021. – No. 6. – P. 3-9.
9. Avakyan S. A. Constitutional law of Russia. – 4th ed. – M., 2010. – S. 347.
CONSTITUTIONAL LAW
KRUPNIK Andrey Valerjevich
postgraduate student of the 2nd course of the Institute of Law, Scientific and Educational Center “Legal Research” of the Peoples’ Friendship University of Russia
TERMINATION OF DOMAIN DELEGATION AS A WAY TO RESTRICT ACCESS TO ONLINE MEDIA PUBLICATIONS
The article describes the legal mechanism for restricting access to online media publications without a court decision, on the basis of a written decision of the head (deputy head or equivalent official) of the body carrying out operational-search activities or a reasoned decision of the head (deputy head or another authorized official) of Roskomnadzor. The mechanism is to terminate the delegation of the domain, which leads to the impossibility of gaining access to the media site. The author analyzes in detail the consequences of a possible restriction of the constitutional freedom of the online media associated with this mechanism and their limits. In addition, the author compares this mechanism with the process of restricting access through the Unified Registry of Domain Names and the Uploading List for telecom operators established by federal laws, reveals the pros and cons of both approaches.
Keywords: freedom of speech, access to information, constitutional values, domain delegation, access restriction, operational-search activity.
Bibliographic list
1. Federal Law of July 27, 2006 No. 149-FZ (as amended on December 29, 2022) “On Information, Information Technologies and Information Protection” (as amended and supplemented, effective from January 9, 2023). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_61798/ (accessed 02/08/2022).
2. Law of the Russian Federation of December 27, 1991 No. 2124-1 (as amended on December 29, 2022) “On the Mass Media”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_1511/ (accessed 02/08/2022).
3. Decree of the Government of the Russian Federation of October 26, 2012 N 1101 (as amended on December 24, 2022) “On a unified automated information system” A unified register of domain names, page indexes of sites in the information and telecommunication network “Internet” and network addresses that allow identifying sites in information and telecommunications network “Internet”, containing information, the distribution of which is prohibited in the Russian Federation” (together with the “Rules for the creation, formation and maintenance of a unified automated information system” Unified register of domain names, site page indexes in the information and telecommunications network “Internet” and network addresses that make it possible to identify sites on the information and telecommunications network “Internet” containing information whose distribution is prohibited in the Russian Federation”, “Rules for the adoption of decisions by authorized federal executive bodies of the Governm ent of the Russian Federation regarding certain types of information and material catches distributed through the information and telecommunication network “Internet”, the distribution of which is prohibited in the Russian Federation”). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_137077/92d969e26a4326c5d02fa79b8f9cf4994ee5633b/ (accessed 02/08/2022).
4. Decree of the Government of the Russian Federation of October 6, 2011 No. 1752-r (as amended on September 20, 2019) “On approval of the list of documents attached by the applicant to the application for registration (re-registration) of the mass media”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_120207/ (accessed 02/08/2022).
5. Draft Law No. 163384-8 On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” and the Civil Procedure Code of the Russian Federation (in terms of establishing a judicial procedure for restricting access to false information). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/163384-8 (accessed 02/08/2022).
6. Draft Law No. 1113081-7 On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” (in terms of restricting access to false information). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/1113081-7 (accessed 02/08/2022).
7. Clarifications on the procedure for applying clause 5.5 of the Rules for registering domain names in the RU and RF domains. [Electronic resource]. – Access mode: https://cctld.ru/domains/docs/5_5/ (accessed 02/08/2022).
8. Rules for registering domain names in .RU and. RF as amended on 11/07/2022. [Electronic resource]. – Access mode: https://cctld.ru/files/pdf/docs/rules_ru-rf.pdf (accessed 02/08/2022).
9. Memo to the telecom operator. Description of the process of obtaining unloading by communication operators. Memo version: 4.12 dated 02.02.2022. [Electronic resource]. – Access mode: https://vigruzki.rkn.gov.ru/docs/description_for_operators_actual.pdf (accessed 02/08/2022).
CONSTITUTIONAL LAW
SULAEV Ilyas
magister student of Constitutional and international law sub-faculty of the Dagestan State University
NIMATULAYEVA Ravzanat Abdulzagirovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
ON THE ISSUE OF THE MECHANISM OF CHECKS AND BALANCES IN THE SYSTEM OF SEPARATION OF POWERS OF THE SUBJECTS OF THE RUSSIAN FEDERATION
The article considers the system of checks and balances as the most important element of the regional system of separation of powers. The elements of the regional system of checks and balances in the Russian Federation are listed. There is a difference in the inclusion of certain eelements in the system of separation of powers of a particular entity.
Keywords: mechanism of checks and balances, system of separation of powers, subjects of the Russian Federation, theory of constitutional law, federal and regional legislation.
Reference bibliographic list
1. Gorobets V. D. Constitutional and legal status of the Parliament of the Russian Federation: Author. dis. … doc. jurisprudence – M., 2000.
2. Ishekov K. A. Some areas of parliamentary control: the level of subjects of the Russian Federation // Constitutional and municipal law. – 2010. – № 5.
3. Makoev A. V., Khamukov A. V. Institute of parliamentary control over executive power in the subjects of the Russian Federation // State power and local self-government. – 2005. – № 5.
4. Shabanov X. M., Gabneva S. M., Alibekov T. G. Interaction of the People’s Assembly of the Republic of Dagestan with other public authorities // Legal Bulletin of the DSU. – 2015. – № 2.
5. Makarov I. A. Legitimacy in the activities of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: author. dis. … cand. legal Sciences. – Voronezh, 2009.
6. Ishekov K. A. General principles of the organization of the judiciary in the constituent entities of the Russian Federation // Problems and defects in constitutional law and ways to eliminate them. – M., 2008.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
CHUIKO Anna Anatoljevna
student of the Crimean branch of the Russian State University of Justice
ON THE ISSUE OF REGISTRATION OF REFERENCE MEDICINES
The article examines the concept and essence of reference and orphan medicines in accordance with the provisions of Federal Law No. 61-FZ dated 12.04.2010 “On Circulation of medicines”, identifies the features of their state registration and the specifics of the procedure for obtaining a license for pharmaceutical activities, as well as existing problems. Based on the analysis carried out, the authors make their proposals for improving the regulatory regulation of the designated area and preventing the commission of offenses in the specified area of legal relations.
Keywords: reference medicinal product, orphan medicinal product, licensing of pharmaceutical activity.
Reference bibliographic list
1. Alekseeva O. L., Vorozhevich A. S., Grin E. S. et al. Intellectual Property Law: Textbook / Ed. ed. L. A. Novoselova. M.: Statut, 2019. Vol. 4: Patent law. [Electronic resource] // Access from the ConsultantPlus system.
2. Khokhlova V.V. Problems of legal regulation of the introduction of reference drugs into civil circulation. Obrazovanie i pravo. 2016. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-pravovogo-regulirovaniya-vvedeniya-v-grazhdanskiy-oborot-referentnyh-lekarstvennyh-preparatov (date of access: 02/16/2023).
3. Shchulkin A. V., Popova N. M., Chernykh I. V. Original and generic drugs: the current state of the problem // Science of the Young (Eruditio Juvenium). – 2016. – No. 2. – P. 30-35.
4. Evsikova E. V. Public liability: concept and features // Eurasian legal journal. – 2022. – No. 5 (168). – P. 131-132.
ADMINISTRATIVE LAW
KARIMOVA Gulnaz Yurisovna
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty of the Ufa Law Institute of the MIA of Russia
PREVENTION OF OFFENSES IN THE DOMESTIC SPHERE COMMITTED AGAINST WOMEN
The article discusses some issues in the field of prevention of problem of offenses in the family and household sphere against women that arise within the framework of law enforcement by authorized entities, primarily by internal affairs bodies represented by the district police commissioner. The reasons, conditions and classification of offenses in the family and household sphere against women are revealed. It is proposed to strengthen the activities of law enforcement agencies in the field of violence prevention, as well as interaction with other organizations in this area. The district commissioner of the police was asked to develop an algorithm of actions, the step-by-step execution of which will prevent violence in the family and household sphere.
Keywords: violence, family and household sphere, offense, district police commissioner, prevention.
Reference bibliographic list
1. Varygin A. N. Peculiarities of family crimes and their prevention // Bulletin of the Altai Academy of Economics and Law. – 2017. – No. 1. – P. 99-104.
2. Antakov S. M. Stockholm syndrome and the phenomenon of love for a rapist // Violence and non-violence: Philosophy, politics, ethics: Materials of the international. Internet conference, held May 15 – July 31, 2002 on the information and educational portal www.auditorium.ru: Sat. report; Institute “Open Society” (Reset Fund) – Russia; Institute of Philosophy RAS / Ed. R. G. Apresyan. – M.: Fund for Independent Broadcasting, 2003. – P. 146-149.
3. Decree of the Government of the Republic of Bashkortostan dated June 20, 2019 No. 625-r (On the establishment of the Republican Resource Center “Family”). – [Electronic resource]. – Access mode: https://mintrud.bashkortostan.ru/activity/15989/ (date of access: 16.02.2023).
ADMINISTRATIVE LAW
SEYFETDINOVA Ekaterina Irekovna
Ph.D. in Law, associate professor of Criminal law and special disciplines sub-faculty of the Moscow Humanitarian University
PROSPECTS FOR IMPROVING MIGRATION POLICY IN CRISIS CONDITIONS
There is a certain contradiction in the assessment of the current situation in the migration sphere. The leadership of the Ministry of Internal Affairs of Russia and the GUVM of the Ministry of Internal Affairs believe that they have made sufficient decisions to improve migration policy in crisis conditions, the situation has normalized, while Russian society and foreign citizens arriving in the Russian Federation for work need effective management in the field of migration. The immediate tasks of the state in the field of migration at the moment are: a) anti-corruption; b) regulation and control of migration flows; c) the formation of a mechanism for selective migration. The implementation of these tasks will lead to the minimization of corruption.
Keywords: migration policy, migrants, the Ministry of Internal Affairs of Russia and the Ministry of Internal Affairs of Russia, management efficiency, migrant crime, tension in society.
Reference bibliographic list
1. Sleptsova Yu. M., Galas M. L. Legal aspects of the formation of state migration policy in crisis situations. Humanities // Bulletin of the Financial University. – 2017. – No. 5 (29). – S. 24.
2. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation”.
3. Silantieva V. A. The concept of the state migration policy of the Russian Federation: content and implementation // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. – 2020. – № 4. – S. 148.
4. Mokin K. S., Baryshnaya N. A. Migration policy of Russia: challenges and threats of the present // Actual problems of the present: science and society. – 2014. – No. 1 (2). – S. 8.
5. Ozerov I. N., Kataeva O. V., Ryapukhina I. A. Modernization of the migration policy of the Russian Federation // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (81). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modernizatsiya-migratsionnoy-politiki-rossiyskoy-federatsii (date of access: 01/12/2023).
6. Lyalyakin Yu. A. On the formation of a strategy for migration security of the Russian Federation // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (27). – P. 42.
7. Polyakova N. V. Migration registration of foreign citizens and stateless persons in the Russian Federation: problems and prospects of legal regulation // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2022. – № 2. – S. 239.
ADMINISTRATIVE LAW
FEDINA Lyubov Mikhaylovna
Ph.D. in law, lecturer of Special technical training sub-faculty of the North Caucasus Institute of advanced training (branch) of the Krasnodar University of the MIA of Russia, major of police
EXPERTISE AS AN ADDITIONAL LEGAL MECHANISM TO ENSURE THE PROPER EXECUTION OF THE CONTRACT
This article examines in detail each legal element of the proper performance of a contractual obligation, in the spectrum of the contract system for the supply of goods, performance of works and provision of services for state (municipal) needs. The author analyzes the provisions of the proper subject, the term of the contract, as well as the place and method of fulfilling the obligation. In this regard, the specific legal mechanism of expert evaluation of the performance of obligations as one of the innovations of the federal contract system in the field of procurement is highlighted. The author reveals the problematic issues of a practical nature related to the examination, and also pays special attention to the definition of the legal nature of this phenomenon.
Keywords: state contract, delivery of goods, fulfillment of obligations, expertise, performance of works, provision of services, municipal needs.
Reference bibliographic list
1. Federal Law of 05.04. No. 44-FZ “On contracting in the field of goods, works, for provision and municipal needs” // Collection of Legislation of the Russian Federation of March 14, 2022 No. 11. Art. 1596.
2. Decree of the Government of the Russian Federation of January 13, 2014 No. 19 “On establishing cases in which the price formula and the maximum value of the contract price are indicated when concluding a contract”// Collection of Legislation of the Russian Federation of January 20, 2014 No. 3 Art. 288
3. Gadzhiev N. G., Gadzhiev M. N. Organizational and methodological foundations for conducting an examination of the execution of a state contract // Bulletin of the Dagestan State University. Series 3: Social Sciences. 2019. No. 1. P. 6-14
4. Slepova V. V., Paulov P. A. Problems of participation of experts in procurement procedures // International Journal of the Humanities and Natural Sciences. 2019. No. 5-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-uchastiya-ekspertov-v-protsedurah-zakupki (date of access: 01/21/2023).
5. Aksenova E. S., Minat V. N. To the question of the examination of the quality of supplied goods, works, services to ensure state and municipal needs // Bulletin of the Ryazan State Agrotechnological University. P. A. Kostycheva. 2017. No. 2. P. 99-106.
ADMINISTRATIVE LAW
POPOVA Anastasia Alexandrovna
Ph.D. in Law, associate professor of Personnel support and personnel management in the internal affairs bodies sub-faculty of the All-Russian Institute for Advanced Training of Employees of the Internal Affairs Bodies of the MIA of Russia
KURILO Svetlana Nikolaevna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
QUESTIONS OF ADMINISTRATIVE RESPONSIBILITY PROVIDED FOR INSULT
The article gives the author’s definition of the concepts of “honor” and “dignity”. It is emphasized that it is the duty of the State to respect and protect the human right to honor and dignity. It is emphasized that the proceedings under Article 5.61 (insult) The Russian Federation Code of Administrative Offences No. 195-FZ of 30.12.2001 is initiated by the prosecutor. On the example of court proceedings, it is noted that the qualification of such an administrative offense as an insult is a complex process, which includes the analysis of the objective side and the identification of all the subjects of the insult. It explains what is commonly understood by an insult.
Keywords: insult, administrative offense, honor and dignity, indecent humiliation, trial.
Reference bibliographic list
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ4.
2. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ.
3. Badueva LN Topical issues and development vectors of modern philology. Petrozavodsk: ICNP “New Science”, 2021.
4. Loos E. V. Determining the amount of compensation for moral damage in case of encroachment on the honor and dignity of a person // Altai Legal Bulletin. 2020. No. 2 (30).
5. Popova A. A. Some issues of administrative liability for insulting // Bulletin of the VIPK Ministry of Internal Affairs of Russia. 2021. No. 4 (60).
CIVIL LAW
ASALIEV Gasan Arturovich
magister student of the 1st course of the Institute of Law of the Dagestan State University
SULEYMANOVA Saltanat Akhmedovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
PLEDGE OF CONSTRUCTION IN PROGRESS
The paper examines the debatable question of whether the object of construction in progress can be the subject of collateral. At the beginning of the article, the concept and signs of an object of construction in progress are defined. The analysis of the legislation and judicial practice of the Supreme Court of the Russian Federation on the problem under consideration is carried out. The authors conclude that the object of construction in progress, the rights to which are registered in the prescribed manner, may be the subject of pledge.
Keywords: construction in progress, real estate, state registration, pledge, subject of pledge, pledge creditor.
Reference bibliographic list
1. Evteev D. A. The concept and signs of objects of construction in progress // Young scientist. – 2021. – No. 53 (395). – P. 61-64.
2.Article-by-article commentary on the Civil Code of the Russian Federation, part one / Ed. P. V. Krasheninnikova. – M.: Statute, 2011. – 1326 p.
CIVIL LAW
AFANASKIN Pavel Vladimirovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia
CHERDAKOVA Larisa Anatoljevna
Ph.D. in Law, associate professor, Head of Civil law sub-faculty of the East Siberian branch of the Russian University of Justice
SHEVCHUK Elena Pavlovna
senior lecturer of Civil law sub-faculty of the East Siberian branch of the Russian University of Justice
PROBLEMS OF BRINGING MEDICAL ORGANIZATIONS TO PROPERTY LIABILITY IN THE FIELD OF MEDICAL SERVICES: CIVIL LAW ASPECT
The article states the possibility of applying the liability of the owner for the obligations of medical organizations (institutions) that are not owners of their property. The author notes that medical organizations can answer on their own, but a subsidiary defendant (the owner of the organization’s property) is involved in the trial as a co-respondent under the rules of civil law.
Keywords: medical institutions; civil liability; harm to health; property of the institution.
Reference bibliographic list
1. Maslova E. A., Aleksandrova A. L., Nekrylov V. A. Responsibility for the obligations of budgetary healthcare institutions // International Congress on Health Law of the CIS and Eastern Europe. – M., 2012. – P.118-120.
2. Kazantseva Yu. I., Tatarintseva I. A. Problems of proving poor-quality medical care within the framework of the law “On the Protection of Consumer Rights” // Verb of justice. – 2022.- No. 2 (28). – P. 43-49.
CIVIL LAW
BOYARSKAYA Yuliya Nikolaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Saratov State Law Academy
DIGITALIZATION IN THE FIELD OF TRANSPORT SERVICES (AIR TRANSPORTATION)
In the Russian Federation, the development and successful functioning of the transport sector is one of the priority areas of state policy. Digitalization and automation have had a significant impact on the development of the transport industry, in particular, this is reflected in the introduction of unmanned air transport. With the help of artificial intelligence technologies and robotics, highly automated aircraft for the transport of passengers and cargo have been created and, in some cases, are already in operation. However, today there is no detailed legal regulation of these relations, which, in turn, is one of the main deterrents to their development.
Keywords: unmanned aerial vehicle, artificial intelligence, highly automated transport, information technology.
Reference bibliographic list
1. Ananyeva A. A. Services of dispatching control of unmanned vehicles as a result of finding a balance between the digitalization of transport and other interests of a person, society and the state. practical conference, Moscow, June 03, 2021 / Russian State University of Justice. – Moscow: Russian State University of Justice, 2022. – P. 134-141.
2. Shkryabina A. E. Transformation of human potential: the impact of informal institutions // From knowledge synergy to business synergy: digital transformation: collection of articles and abstracts of the VII International scientific and practical conference of students, undergraduates and teachers, Omsk, March 30, 2020 / Omsk branch Non-state educational private institution of higher education “Moscow Financial and Industrial University “Synergy”. – Omsk: Limited Liability Company “Publishing Center KAN”, 2020. – P. 367-370.
CIVIL LAW
VAKHRUSHEV Leonid Alexandrovich
Ph.D. in Law, senior professor of Civil law sub-faculty of the V. F. Yakovlev Ural State Law University
PUBLIC INTEREST IN INTELLECTUAL LAW
The article deals with individual cases of intervention into the sphere of interests of the right holder by the state. It is shown that in exceptional cases compulsory license to the right holder with the payment of a commensurate payment without the right of ownership, expanding the scope of the proportional import design. The author is underlined direction of expanding the initiative that kind of intervention, the successive limitation of the distribution ofthe copyright holder in the public interest first of all.
Keywords: intellectual law, compulsory license, parallel imports, public interest, exhaustion.
Reference bibliographic list
1. Pavlova E. A., Kalyatin V. O., Korneev V. A. [et al.] Compensation as a measure of liability for violation of exclusive rights Part 1 // Journal of the Court for Intellectual Rights. – 2022. – No. 2 (36). – S. 152-190. – EDN TYAQSU.
2. Yakovlev VF Selected Works. T. 2: Civil law: history and modernity. Book. 2. – M.: Statute, 2012. – 351 p.
3. Vorozhevich A. S., Grin O. S., Korneev V. A. et al. Intellectual property law: textbook / Ed. ed. L. A. Novoselova. – M.: Statute, 2018. – V. 3: Means of individualization. – 432 p. // ATP ConsultantPlus.
CIVIL LAW
VOLOKHOVA Marina Borisovna
lecturer of Civil law and process sub-faculty of the Pskov branch of the Academy of Law and Management of the FPS of Russia
THE MAIN STAGES OF THE FORMATION AND DEVELOPMENT OF OPERATIONAL MANAGEMENT LAW
The article is dedicated to the concept of operational management law in historical retrospect. The author defines the main stages of formation and development of the institute of operational management law, provides characteristics of the historical situation in the development of the legal origins of the Institute of operational management law.
The methodological basis of the article consists of general theoretical principles and general scientific methods: historical, systemic, comparative legal.
The use of the historical method in the work makes it possible to study problematic issues of the legal nature of the law of operational management, as well as to analyze the legal mechanism of state participation in the civil turnover of property belonging to it.
Using the system method, the main directions of development of the institute of operational management law in the Soviet period are determined.
The comparative legal method was used in the framework of the study of the historical experience of the study sphere, the analysis of normative acts of Soviet legislation.
Keywords and phrases: the right of operational management; the right to state property, property law.
Literature
1. Koshelev F. P. Socialist property. Transcript of a public lecture delivered on November 27, 1946 at the House of Unions in Moscow. Moscow, 1947. 13 p.
2. Bratus S. N. Subjects of civil law. M., 1954. Pp. 238-241.
3. Civil Code of the RSFSR of October 31, 1922. [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=10512 (accessed: 12/21/2022).
4. On approval of the Regulations on state industrial trusts: decree of the Central Executive Committee of the USSR, Council of People’s Commissars of the USSR of June 29, 1927. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901829723 (date of reference: 12/21/2022).
5. Venediktov A. V. The legal nature of state enterprises. L., 1928. Pp. 80-81.
6. Martynov B. S. State trusts. M., 1924. Pp. 10–15.
7. The course of Soviet economic law / edited by L. Ginzburg and E. Pashukanis, M., 1935. Vol. 1. 180 p.
8. Ioffe O. S. Law and economic activity of socialist organizations. M., 1979. 50 p.
9. Venediktov A. V. State socialist property. M.-L., 1948. 338 p.
10. Venediktov A. V. State socialist property management bodies // Soviet State and law. 1940. No. 5. P. 6.
11. Civil Code of the RSFSR, 1964. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901868109 (date of application: 12/21/2022).
12. Fundamentals of Civil Legislation of the USSR and Union Republics, 1961. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902005994 (accessed: 12/21/2022).
13. Andreev V. K. Metamorphoses of property rights in Russia and in the USSR (1917-1992) // State and law. 1993. No. 3. P. 44.
14. Korneev S. M. The right of state socialist property in the USSR. M., 1964. Pp. 36-37.
15. Soviet Civil Law / ed.: V. A. Ryasentseva. M. : Legal literature, 1986. Vol. 1.342 p.
16. Sobchak A. A. Economic calculation and civil law problems of improving the economic mechanism: autoref. dis. … doct. jurid. sciences. Leningrad, 1982. [Electronic resource]. – Access mode: http://sobchak.org/rus/books/ref2/1.html (accessed: 12/21/2022).
17. Kalmykov Yu. Kh. Public property labor collective // Economy and law. 1988. No. 12. Pp. 56-60.
18. Fundamentals of Civil Legislation of the USSR and Union Republics, 1961. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901868109 (accessed: 12/21/2022).
CIVIL LAW
GABIBOVA Alina Ruslanovna
magister student of the 2nd course of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of Private and business law sub-faculty of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
CORPORATION AS AN OBJECT OF INHERITANCE CONTRACT
In this scientific article, the author considers one of the ways of transferring corporate rights and obligations within the framework of succession from the testator to the heir – the inheritance contract. The author says that, being a novelty in civil law, the inheritance contract has some controversial points regarding such an object of inheritance as a corporation. The provisions of Art. 1176 of the Civil Code of the Russian Federation, in view of which the following debatable issues have been identified. Debatable issues are the mandatory consent of other participants / founders of a corporate legal entity to transfer the rights and obligations of the testator in relation to the corporation to the heir, and in case of their refusal, the question of determining the actual value of the share in the corporation.
Keywords: inheritance contract, testator, heir, corporation, corporate rights and obligations, founders/participants of a corporate legal entity, entrepreneurial activity.
Reference bibliographic list
1. Glinshchikova T. V., Antun T. I. The role of the UNIDROIT principles of international commercial agreements in the regulation of cross-border commercial transactions // Humanitarian, socio-economic and social sciences. – 2021. – No. 4-2. – P. 48-50.
2. Zolotukhin D. G. Novelty of the Russian legislation — hereditary contract // Otechestvennaya jurisprudence. – 2018. – No. 7 (32). – S. 43-48.
3. Kamyshansky V. P. “On the legal essence of the inheritance contract” // Scientific and practical journal “Power of Law”. – No. 4 (44). – 2020. – P. 32-39.
4. Sitdikova L. B. Inheritance of corporate rights // Inheritance law. – 2019. – P. 56-61.
CIVIL LAW
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF QUALIFICATION CHARACTERISTICS OF PARTICIPANTS IN THE FIELD OF PROCUREMENT THROUGH AN ELECTRONIC AUCTION
The process of placing a state order is very time-consuming, requiring a serious approach from specialists. A responsible and appropriate approach can be ensured only if a specialist in the field of procurement, and especially in the field of electronic procurement, has a certain set of skills, knowledge and abilities. This article raises the question of the need at the level of the law to consolidate the qualification characteristics of a specialist in the field of procurement conducted through an electronic auction.
Keywords: state order, procurement specialist, electronic auction, qualification characteristics.
Reference bibliographic list
1. Dadayan E. V., Storozheva A. N. To the question of the role of information technologies in solving problems of professional activity // Application of modern technologies in jurisprudence: topical issues of theory and practice. – Krasnoyarsk, 2021. – P. 28-31.
CIVIL 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»
THE CONCEPT AND TYPES OF DOMESTIC VIOLENCE
The article discusses the concept of domestic violence. The positions of scientists on the concept of violence have been studied. The types of violence are considered. The fight against criminal violence in modern conditions is one of the most significant tasks of any state. It is carried out by various means, including through the application of criminal law norms. At the same time, violence is characterized by a dualistic nature. It can manifest itself not only in physical form, but also be expressed in a psychological impact that has a destructive (destructive) effect on the personality.
Keywords: domestic violence, illegal behavior, physical violence, psychological violence, sexual violence, economic violence, victim.
Reference bibliographic list
1. Mukhanova E. D. Violence in the family: a social and legal problem // Science. Thought: electronic periodical. – 2017. – No. 4. – P. 144-149.
2. Pashchenko A. S. The concept of domestic violence // Theory and practice of social development. – 2015. – No. 1. – P. 46-48.
3. Salamova S. Ya. Domestic violence in modern Russia: general characteristics // Lex Russica. – 2018. – No. 9 (142). – P. 129-138.
4. Kolesova AS Types and forms of violence in the family // Law and order in modern society. – 2010. – № 2. – P. 203-210.
5. Gertel E. V. Types of mental violence // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2012. – No. 3 (46). – P. 16-20.
6. ConsultantPlus. – [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 13.02.2023).
7. Kellogg N. D. Sexual abuse // Reproductive health of children and adolescents. – 2015. – No. 6. – P. 62-79.
8. Kolesova AS Types and forms of violence in the family // Law and order in modern society. – 2010. – № 2. – P. 203-210.
9. Lafitskaya N. V. Sexual abuse of children in the parental family as a characteristic of modern society // Bulletin of the University of the Russian Academy of Education. – 2015. – № 2. – P. 25-28.
10. Tagirova M. I. Types of domestic violence in the Russian Federation and its consequences // Youth and the future: management of the economy and society. – 2020. – No. 1. – P. 250-253.
11. Decree of the Government of the Russian Federation of August 25, 2014 No. 1618-r on the approval of the Concept of State Family Policy in the Russian Federation for the period up to 2025 – [Electronic resource]. – Access mode: https://base.garant.ru/70727660/ (date of access: 02/13/2023).
CIVIL LAW
LUKMANOVA Irina Nikolaevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the All-Russian State University of Justice, branch in Sochi (RLA of the Ministry of Justice of Russia)
LEGAL FEATURES OF THE INHERITANCE AGREEMENT IN THE RUSSIAN FEDERATION
In the article, the author examines the norms of domestic legislation the governing inheritance agreement. The peculiarities in the procedure for conclusion, execution and termination of the inheritance agreement are considered. The dual nature of the inheritance agreement was determined and its differences from the will were revealed. It was concluded that the presence of a number of unresolved problems in the legal regulation of the inheritance agreement gives rise to certain problems in law enforcement practice.
Keywords: Inheritance, inheritance agreement, terms of the agreement, rights of heirs, rights of heirs.
Bibliography by article
1. Rudik I. E. Joint testament and hereditary contract as tools for planning the inheritance of spouses // Inheritance Law. – 2019. – No. 2. – P. 22-25.
2. Loginova K. Yu. Inheritance contract – legal mechanisms of application in the current legislation of the Russian Federation // Inheritance law. – 2019. – No. 1. – P. 12-15.
3. Osipov M. Yu. To the question of the civil law nature of the inheritance contract // Inheritance law. – 2019. – No. 2. – P. 15-17.
4. Altynbaeva L. M. On some aspects of changing the legislation on inheritance // Law and Law. – 2019. – No. 6. – P. 71-72.
5. Matveev I. V. Inheritance contract: foreign experience and prospects for appearance in the civil law of the Russian Federation // Russian justice. – 2015. – No. 1. – P. 6-9.
6. Fundamentals of inheritance law in Russia, Germany, France / ed. ed. E. Yu. Petrova. – M.: Statute, 2015. – 271 p.
7. Kuleeva I. Yu. Inheritance contract as an obligation in civil law // “Modern law”. – 2021. – No. 4. – P. 80-84.
8. Belootchenko E. A. Inheritance agreement as part of the reform of Russian inheritance law // Leningrad Journal of Law. – 2017. – No. 2 (48). – P. 122-130.
CIVIL LAW
MALYSHEV Sergey Yakovlevich
Ph.D. in Law, associate professor, associate professor of Economics and entrepreneurship sub-faculty of the Ufa University of Science and Technology
KISELYOV Nikolay Nikolaevich
Ph.D. in Law, associate professor, associate professor of Operational Investigative activity of the department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
THE SECRET OF PRODUCTION (KNOW-HOW) AND A STATE SECRET: QUESTIONS OF THEORY AND PRACTICE
The article discusses the main problems associated with determining the relationship between the secret of production (know-how) and the state secret. The authors investigated and tried to find solutions to the following questions: – can the secret of production (know-how) constitute a state secret or should the secret of production (know-how) be considered separately from the state secret; – is it possible to establish a secrecy regime with respect to information constituting a production secret (know-how), or is another confidentiality regime of information, including a commercial secrecy regime, established with respect to this information? A comparative analysis of regulatory legal acts regulating the issue of establishing a secrecy regime with respect to information constituting state secret, including the secret of production (know-how).
Keywords: trade secret regime, secrecy regime, confidentiality of information, state secret, production secret (know-how).
Reference bibliographic list
1. Reference information: “List of regulations relating information to the category of restricted access” (Material prepared by Consultant Plus specialists). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc (date of access: 12/15/2022).
2. Zanina T. M., Karavaev A. A. Evolution of legal regulation regarding confidential information in the Russian Federation // Administrative law and process. – 2015. – No. 6. – P. 81-86.
3. Stepanov E. A., Korneev I. K. Information security and information protection: Proc. allowance. – M.: INFRA-M, 2001. [Electronic resource]. – Access mode: https://refdb.ru/look/1397441-pall.html (date of access: 12/27/2022).
CIVIL LAW
NABIULLIN Eduard Fagimovich
postgraduate student of the University of Management «TISBI»
BANKRUPTCY AND SUBSIDIARY LIABILITY OF FOUNDERS AND DIRECTORS
In this article, the main problems of the application of the Federal Law “On Insolvency (Bankruptcy)” dated 10/26/2002 No. 127-FZ are studied and formulated, the issue of further bringing to subsidiary responsibility of persons controlling the organization (founders and director) is considered, statistics from official open sources are analyzed and disclosed, which reflects who exactly are the main initiators of this procedure ,the number of appeals for a certain period of time and the effectiveness of using such a mechanism to hold debtors accountable.
Keywords: legal entity, controlling persons, creditors, subsidiary liability of founders and directors, bankruptcy proceedings, register of creditors’ claims, bankruptcy trustee, challenging the debtor’s transactions.
Reference bibliographic list
1. Sereda I. M., Sereda A. G. The mechanism of legal regulation of relations arising in connection with bringing the persons controlling the debtor to liability in bankruptcy: monograph. Moscow: Statute, 2020. 112 p.
2. Dobrachev D. V. Problems of judicial practice of bringing to subsidiary liability the persons controlling the debtor in the bankruptcy procedure. Moscow: Infotropic Media, 2019. 172 p.
3. Enkova E. E., Ershova I. V. Legal regulation of bankruptcy. Textbook. Moscow: Prospekt, 2021. 720 p.
CIVIL LAW
PRISYAZHNYUK Yuliya Pavlovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Faculty of Law of the N. I. Lobachevsky Nizhny Novgorod National Research State University
MEDICO-PSYCHOLOGICAL PEDAGOGICAL COMMISSION AS A TOOL FOR REALIZING OF MINORS’ INTERESTS
The article outlines the problem of interpreting of minors’ interests in the light of their interaction with medico-psychological pedagogical commissions. The author draws attention to the difficulties that arise while minors are placed in special educational institutions, due to a gap in the legislation. The absence of a mechanism for compulsory examination of adolescents who have committed a crime by medico-psychological pedagogical commissions allows parents to prevent sending a child to special closed educational and rehabilitative institutions. Such actions are considered by the author in the aspect of improper performance by parents of their duties.
Keywords: interests of minors, rights and obligations of parents, medico-psychological pedagogical commissions, prevention of juvenile delinquency.
Reference bibliographic list
1. Bespalov Yu. F. Some issues of the implementation of family rights of the child (theory and practice). – Vladimir: Vladimir. state ped. un-t, 2001. – P. 123.
2. Ilyina O. Yu. The interests of the child in the family law of the Russian Federation. RAN. Institute of State and Law. – M.: Publishing house “Gorodets”, 2006. – P. 191.
3. Kobleva M. M. Legal status of minors placed in a special educational institution of a closed type of an education management body. Izvestiya VUZov. North Caucasian region. Social Sciences. – 2014. – No. 1. – P. 80.
4. Nechaeva A. M. The interests of the child as an object of family legal protection // State and law. – 2012. – No. 1. – P. 77.
5. Sholgina O. I. The interests of the child as an object of a family law dispute: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2011. – P. 28.
CIVIL LAW
SEFIKURBANOVA Radmila Mallakurbanovna
magister student of the 1st course of the Institute of Law of the Dagestan State University
GAYBATOVA Kurum Davudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
THE PROBLEM OF “DOUBLE SALES” IN SHARED CONSTRUCTION
The article examines the problem associated with the “double sales” of apartments in shared construction. “Double” is the sale of the same object under two or more contracts. The authors analyze the legislation and judicial practice that has developed in resolving such legal situations. The article concludes that the pre-emptive right to receive a property is recognized by the person who first registered the contract, and in the case when the data is not entered into the register – the person who first took possession or in whose favor the obligation arose earlier, and if this is not possible to establish, – the one who sued earlier.
Keywords: “double sale”, shared construction, participant in shared construction, contract for participation in shared construction, ownership, ownership, state registration, preemptive right.
Reference bibliographic list
1. Alekseev A. A. Problems of “double sale” of real estate objects // Baltic Humanitarian Journal. – 2021. – T. 10. – No. 4 (37). – P. 341-344.
2. Bubnova M. Fraud with the double sale of apartments // Housing Law. – 2018. -№ 7. – P. 13-22.
3. Kirina A. Double sale of real estate: problems of law enforcement // Housing law. – 2021. – No. 1. – P. 45-54.
CIVIL LAW
ISREPILOVA Lolita Ruslanovna
postgraduate student, profile “Civil law; Business law; Family Law; private international law”,
Law Institute of the North-Caucasian Federal University, Stavropol
LEGAL FICTION AND ITS ROLE IN THE FORMATION OF NORMATIVE BASES AND INFLUENCE ON THEIR APPLICATION
The author of the article gives an assessment of such a phenomenon in law as a legal fiction. The author, in addition to listing the properties, qualities, and parametric characteristics of the affected phenomenon, gives an assessment of its formation, as well as the impact on the formation and development of the regulatory framework. Assessing the aspect of such influence, it should be noted that legal fiction is a rather complex civilistic phenomenon designed to regulate relations by replacing true events with acceptable ones. In particular, in the course of the study, it was possible to form a number of features that distinguish the affected phenomenon from other phenomena similar to it in terms of parameters.
Keywords: rules of law, fiction, presumption, legal principle.
Reference bibliographic list
1. Ivliev P. V., Kondrashov S. V. The theory of legal fiction in the civil doctrine of Russia // Agrarian and land law. – 2022. – No. 8 (212). – P. 18-20.
2. Abdulkhannyanov I. A. Retrospective study of criminal law fiction in the norms of Russian Pravda // Modern science: forecasts, facts, development trends: Collection of materials of the XV International scientific and practical conference dedicated to the 60th anniversary of the Cheboksary Cooperative Institute (branch) of the Russian University cooperation, Cheboksary, January 31, 2022. – Cheboksary: Cheboksary Cooperative Institute (branch) of the autonomous non-profit educational organization of higher education of the Centrosoyuz of the Russian Federation “Russian University of Cooperation”, 2022. – P. 3-7.
3. Meyer D. I. “On legal fictions and assumptions, on hidden and feigned actions // Selected works on civil law. – M.: Tsentr Yurinform, 2003. – P. 66.
4. Dormidontov G. F. Classification of the phenomena of legal life, related to cases of the use of fiction. – M .: LLC “Izdat. House of V. Ema”, 2011. – P. 185.
5. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on April 16, 2022) // Collection of Legislation of the Russian Federation. 12/05/1994. No. 32. art. 3301.
6. Ozhegov S. I. Dictionary of the Russian language. Edition 17 stereotypical / Ed. N. Yu. Shvedova. – M., 1985.
7. Sitnikova AI Legislative fictions in criminal law // Journal of Applied Research. – 2022. – V. 5. No. 11. – P. 435-439.
CIVIL PROCESS
MOGILEVSKIY Grigoriy Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, associate professor of Civil law disciplines sub-faculty of the Siberian State University of Railway Engineering
TARASOV Yuriy Dmitrievich
Ph.D. in science psychologicals, Deputy Head of Civil law sub-faculty of the Novosibirsk order of Zhukov of the I. K. Yakovlev Military Institute Army General of the National Guard of the Russian Federation, colonel of justice
PROCEDURAL FORMS OF PROTECTION OF THE RIGHTS OF MILITARY PERSONNEL TO HOUSING
Considering and disclosing the problematic issues of procedural forms of protection of housing rights of military personnel to housing, the publication sets out a legalized list of these rights, the essence of procedural forms of law protection, and also justifies the priority of judicial protection over other forms. At the same time, an attempt has been made to reveal the essence of the procedural activities of the military judicial bodies of the judicial system of the Russian Federation in considering the appeal of a serviceman to the competent courts in cases of violation of housing rights.
Keywords: military personnel, housing rights, problematic issues, procedural forms of protection of law, judicial form, priority, military authorities, officials, illegal actions (omissions), appeal, judicial procedure.
Reference bibliographic list
1. Mikhailova E. V. Procedural forms of protection of subjective civil rights, freedoms and legitimate interests in the Russian Federation (judicial and non-judicial). – M.: Prospekt, 2014. – P. 236.
2. Kobzeva N. S. Forms of protection of civil rights // Bulletin of the Magistracy. – 2016. – No. 10-1 (161). – P. 118-119.
3. Danilov E. P. Housing disputes under the new Housing Code of the Russian Federation: comments, practice, sample documents. – M.: Yurayt, 2017. – S. 74-79.
4. Zelenskaya L. A. Methods and forms of protection of the violated rights of citizens and legal entities. – Krasnodar: KubGAU, 2018. – P. 87.
CIVIL PROCESS
AFANASJEVA Nelli Vladimirovna
postgraduate student of Civil law and process sub-faculty of the M. M. Speransky Faculty of Law of the RANEPA under the President of the Russian Federation
COMPARATIVE ANALYSIS OF JUDICIAL REPRESENTATION IN THE ROMANO-GERMANIC AND ANGLO-SAXON SYSTEMS OF LAW
The article analyzes judicial representation in the Russian Federation and other countries, examines the features of the institution of judicial representation in different countries, gives several definitions of judicial representation from scientific doctrine. In addition, the question of the disadvantages and advantages of the institution of representation in the Russian Federation in comparison with other countries is considered, and the question of the need to borrow the experience of foreign law in relation to the domestic institute of representation is also raised.
Keywords: judicial representation, Anglo-Saxon system of law, Romano-Germanic system of law.
Reference bibliographic list
1. Dobrovolsky A. A. Representation in court // Soviet civil process / Ed. K. I. Komissarov, V. M. Semenova. – M.: Legal Literature, 1978. – P. 61
2. Salogubova E. V. Representation in court // Civil process: Textbook. – M., 2006. – S. 161
3. Tabak I. A. Representation in civil procedural law: new provisions. – Saratov: Publishing house “Scientific book”, 2008. – P. 62.
EMPLOYMENT LAW
TORMYSHEV Daniil Anatoljevich
student of the Institute of Training of Public Servants of the Academy of the FPS of Russia
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of Training of Public Servants of the Academy of the FPS of Russia
WORKING CONDITIONS AND EMPLOYMENT OPPORTUNITIES FOR MINORS
This article is dedicated to the study of issues related to problematic issues of employment of minors. The study identifies the reasons for non-compliance with the working conditions provided for minors by the employer. The paper analyzes the problems of lack of jobs for minors, which, therefore, compare the possibility of employment. Questions are raised about the actions of state bodies in this area and about the organization of control over the actions of the employer in this area.
Keywords: labor legislation, labor, employment, labor of minors, working conditions, employment, employment contract.
Reference list:
1. Gessen V. Yu. Labor of children and adolescents in Russia from the 17th century to the October Revolution. T. 1. M-L., 1927. S. 31.
2. The labor movement of the 30-40s of the 19th century – History – Science – Catalog of articles – Ilya Vinshtein’s blog. – [Electronic resource]. – Access mode: https://www.winstein.org/publ/36-1-0-1638 (Accessed 02/15/2023).
3. Borenshtein A. L. Background legislation in the field of labor of minors in Russia since the nineteenth century. – [Electronic resource]. – Access mode: file:///C:/Users/Admin/Downloads/predposylki-stanovleniya-zakonodatelstva-v-oblasti-truda-nesovershennoletnih-v-rossii-v-xix-v.pdf (accessed 15.02.2023 .).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
IBRAKHIM Murat Mukhamad S.
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
Petrovskiy Vladislav Andreevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF THE DIVISION OF JOINT PROPERTY OF SPOUSES IN BANKRUPTCY
The process of judicial review of a citizen’s bankruptcy case perhaps complicated by the simultaneous occurrence of a case on the division of property between spouses. Often, during the bankruptcy procedure of a citizen, their spouses file an application to the court to initiate a dispute on the division of property. However, the requirements specified in such statements do not always correspond to the purpose of protecting the rights of one of the parties. In some cases, there is an abuse of the right to defense in court. Within the framework of this article, the issue related to the specifics of the division of the joint property of the spouse in bankruptcy will be considered in detail.
Keywords: bankruptcy, joint property of spouses, bankruptcy estate, abuse of the right.
Reference bibliographic list
1. Budylin S. L. We divide everything in half. Bankruptcy of citizens and family property in Russia and abroad // Bulletin of economic justice of the Russian Federation. – 2015. – № 4. – P. 90-126.
2. Kholodenko Yu. V., Berdnikov S. S. Changing the regime of property of spouses in bankruptcy proceedings // Semeynoe i zhilishchnoe pravo. – 2021. – No. 1. – P. 34-38.
3. Kudryavtseva L. V. Some aspects of the distribution of debts on a loan between spouses in the event of divorce // Bulletin of science and practice. – 2021. – V. 7. – No. 9. – S. 466 – 468.
4. Shishmareva T. P. The insolvency procedure of the common property of spouses in Russia and Germany: a comparative analysis // Family and housing law. – 2021. – No. 2. – P. 34-37.
FINANCIAL LAW
GRIGORJEV Igor Vladimirovich
magister student of the 2nd course of the Institute of Law of the North-Caucasian Federal University, Stavropol
DENIKAEVA Razela Nesyurovna
Ph.D. in economical sciences, associate professor, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the North-Caucasian Federal University, Stavropol
FINANCIAL AND LEGAL PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF CURRENCY REGULATION AND CONTROL IN RUSSIA UNDER SANCTIONS
The article analyzes the financial and legal problems and prospects for the development of currency regulation in Russia in order to ensure the economic security of the country under the conditions of sanctions pressure. Amendments to the law on currency regulation are also being considered as a method of strengthening the ruble exchange rate and reducing the outflow of funds abroad. The article outlines measures to reduce the administrative burden on residents and professional participants of foreign economic activity, as well as an analysis of currency control in the current geopolitical situation. The relevance of this study is due to the presence of high volumes of withdrawal of funds from the territory of Russia.
Keywords: currency regulation, currency control, foreign trade participants, sanctions, economic security.
Reference bibliographic list
1. Official website of the Federal Customs Service of the Russian Federation. – [Electronic resource]. – Access mode: https://customs.gov.ru/ (date of access: 05/04/2022).
2. Decree of the President of the Russian Federation No. 79 “On the application of special economic measures in connection with the unfriendly actions of the United States and foreign states and international organizations that have joined them.” – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/11/2023).
3. Decree of the President of the Russian Federation No. 81 dated March 1, 2022 (as amended on October 15, 2022) “On additional temporary economic measures to ensure the financial stability of the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/12/2023).
4. Code of the Russian Federation on Administrative Offenses “of December 30, 2001 No. 195-FZ (as amended on December 29, 2022) // Collection of Legislation of the Russian Federation. – 01.07.2002. – No. 1 (part 1). – Art. 1.
5. Information letter of the Bank of Russia dated 05.03.2022 No. IN-019-12/27 “On limiting transfers of resident individuals”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/13/2023).
6. “Extract from the minutes of the meeting of the subcommittee of the Government Commission for Control over Foreign Investments in the Russian Federation dated November 10, 2022 No. 106/1” (finished by the Russian Ministry of Finance on November 18, 2022 No. 05-06-10 / VN-59822). – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/13/2023).
7. Decree of March 1, 2022 No. 81 “On additional temporary economic measures to ensure the financial stability of the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/ (accessed 01/15/2023).
FINANCIAL LAW
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
VOLOBUEVA Violetta Konstantinovna
student of the I. T. Trubilin Kuban State Agrarian University
SAVCHENKO Alexander Romanovich
student of the I. T. Trubilin Kuban State Agrarian University
EFFICIENCY OF TAX BENEFITS
A feature of the Russian tax system is still the presence of a large number of benefits. The existing benefits are fixed not only in therelevant chapters of the Russian tax legislation, but also in the unchanged provisions of the law on certain types of taxation. Therefore, it is not always easy to determine the full list of benefits for any payment. The article examines the legislative concept of a tax benefit, its meaning is indicated. Also, examples of existing tax benefits are given. The effective and ineffective ones are identified, the criteria of inefficiency are considered. In conclusion, the electronic system “Efficiency of benefits” is considered as a solution to the problem of inefficiency.
Keywords: Tax Code, tax benefit, legislation, government, business, VAT, budget.
Reference bibliographic list
1. Kurdyuk P. M., Ochakovsky V. A. On the issue of improving the legal mechanism of tax benefits // In the book: Law and State: Problems of Methodology, Theory and History. Materials of the V All-Russian Scientific and Practical Conference. – 2016. – P. 36-39.
2. Kusakina N. V., Kurdyuk P. M., Ochakovsky V. A. Trends in the development of tax legislation in terms of granting tax benefits to taxpayers // Society and Law. – 2019. – No. 1 (67). – S. 146-149. – EDN NQMXMV.
3. Solodovnikova U. N., Ivanova P. Yu. The value of tax benefits for the state and individuals // Alley of Science. – 2018. – Vol. 2. – No. 5 (21). – P. 482-486.
4. Gromov V. V. Specificity and problems of tax incentives for small IT companies in Russia // Financial journal. – 2022. – № 1.
5. Bochkov V. S., Ochakovsky V. A., Chernov Yu. I. VAT on electronic services provided by foreign companies in the Russian Federation: practice, problems and solutions // Eurasian Law Journal. – 2019. – No. 12 (139). – P. 192-194.
6. Experts have compiled a list of unnecessary tax breaks. RBC.ru. [Electronic resource]. – Access mode: https://www.rbc.ru/economics/26/09/2017/59ca347f9a794740dac157e4.
7. Levaev L. A., Pichugina S. E., Yushko A. V. Competence of municipalities in the field of taxation // Eurasian legal journal. – 2022. – No. 1 (164). – P. 147-148.
8. Kurdyuk P. M., Ochakovsky V. A. On the issue of the use of dispositive principles in financial law // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-ispolzovanii-dispozitivnyh-nachal-v-finansovom-prave (date of access: 12/29/2022).
FINANCIAL LAW
SIKACH Artem Sergeevich
student of the 3rd course undergraduate of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ANTONYUK Lyudmila Alexandrovna
student of the 3rd course undergraduate of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
FINANCIAL CONTROL IN THE DIGITAL AGE
In this article, the authors conduct a thorough examination of financial control in the context of digitalization. To date, the digital world has entered the life of society and the state, thanks to expanded opportunities, it has now become easier for public authorities to carry out financial control. The role of digitalization in the implementation of financial control, as well as document flow in electronic format in the implementation of financial control is considered. Examples of foreign countries in the application of digitalization for financial activities are given. Approaches to the implementation of control in the financial and budgetary sphere are given. As a result of a full consideration of this topic, the problems, solutions and the corresponding conclusion are given.
Keywords: financial technologies, state financial control, digital economy, digitalization.
Reference bibliographic list
1. Domracheva L. P., Khachatryan A. B. Differences and similarities in approaches to the performance audit in the Russian Federation and Great Britain // Society. The science. Innovations (NPK-2018). Collection of articles XVIII All-Russian Scientific and Practical Conference: in 3 volumes. Volume 3. – Publisher: Vyatka State University (Kirov). – 2018. – No. 4. – S. 1782-1787
2. Zhuravleva M. A., Pipiya Yu. S. Improving the system of state financial control in the era of digitalization (based on the experience of foreign countries) // State financial control: from its origins to the present day. Collection of articles by participants of the X International Scientific Student Congress (ISSC), dedicated to the 100th anniversary of the Financial University. Edited by E. A Fedchenko. – 2019. – P. 144-150.
3. Izutova O. V. DigitalVaya transformation of financial control is an inevitable process // Journal of financial control and audit. Financial control. – 2022. – No. 3. – P. 1-10.
4. Isaev E. A. Approaches to the digitalization of control in the financial and budgetary sphere // Budget Journal. – 2019. – No. 5 (197). – P. 48-50.
5. Ilyin A. Yu., Moiseenko M. A. Legal doctrine of financial control // Financial law. – 2014. – № 4. – P. 14-23.
6. Prokudina A. P. Factors and prospects for the transformation of state financial control in the era of the digital economy // Young scientist. – 2020. – No. 46 (336). – P. 103-105.
7. Rastegaeva F. S., Danilova N. O. State financial control within the framework of the digital economy // Creative Economy. – 2020. – Volume 14. – No. 12. – P. 3201-3212.
8. Silantiev A. E. Internal state financial control in the context of digitalization of the economy // StudArctic forum. – No. 3 (11). – 2018. – P. 3.
9. Skifskaya A. L., Ignatiev V. A. Features of the state audit in Russia and the USA // Economics, business, innovations. – 2017. – P. 113-116.
10. Chernyshenko D. N. 69 regions joined the federal project “Platform of University Technological Entrepreneurship” // Byudzhet.ru. – [Electronic resource]. – Access mode: https://bujet.ru/article/450155.php?sphrase_id=24562065 (date of access: 06.10.2022).
11. Shokhin S. O., Voronina L. I. Budgetary and financial control and audit. Theory and practice of application in Russia. – M.: Finance and statistics, 1997. – P. 237.
FINANCIAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North-Caucasus branch of the Russian State University of Justice
LEGAL REGULATION OF STATE AND MUNICIPAL EXPENDITURES IN THE RUSSIAN FEDERATION
The article examines the legal foundations of state and municipal expenditures in the Russian Federation as a category of financial law. The article considers some problems of legal regulation of state and municipal expenditures as an element of the country’s budget system. The main approaches to the definition of the concept and legal essence of state and municipal expenditures are analyzed. On the basis of the analyzed legislative and theoretical provisions, the author’s concept of state and municipal expenditures is formulated from the standpoint of financial law.
Keywords: financial law, budget system, budget expenditures, state (municipal) expenditures, public expenditures.
Reference bibliographic list
1. Astafurov N.V. Legal regulation of state and municipal expenses in the Russian Federation: Author. dis. … cand. legal Sciences. M., 2009.
2. Barykin E. A. Organizational and legal framework for the implementation of the principle of efficiency of public spending in the Russian Federation: Author. dis. … cand. legal Sciences. M., 2011.
3. Gracheva E. Yu., Sokolova E. D. Financial law: textbook. M., 2021. S. 204.
4. Zemlyanskaya N. I. Public expenses as a concept of financial and legal science // Bulletin of the O. E. Kutafin University. 2017. No. 8 (36). C. 49-51.
5. Ibragimova E. S., Selimkhanova M. U. Forms of reducing the level of the budget deficit // International Journal of Applied Sciences and Technologies “Integral”. 2020. No. 5. P. 283.
6. Mayorova E. I., Khrolenkova L. V. Financial law: textbook. M., 2020. S. 85.
7. Mokhnatkina L. B., Yudina O. I. Economic and legal nature and signs of classification of expenditure obligations of public legal education // Intellect. Innovation. Investments. 2016. No. 4. C. 24-26
8. Tsyrenzhapov Ch. D. Legal foundations of state and municipal expenses in the Russian Federation: author. dis. … cand. legal Sciences. Omsk, 2005.
FINANCIAL LAW
OCHAKOVSKIY Viktor Aleksandrovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GOLUBETS Leonid Sergeevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
KHARCHENKO Dmitriy Andreevich
student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
FEATURES OF THE IMPLEMENTATION OF FUNCTIONS BY PUBLIC AUTHORITIES IN THE CONDITIONS OF A MORATORIUM ON CONTROL INSPECTIONS
The authors analyze the resolution adopted by the Government of the Russian Federation, temporarily imposing a ban on control and supervisory measures. A legal assessment of the mechanisms introduced is given. Also, the authors compared the institute of tax monitoring with the current legal regime of control inspections, proposed a possible way ofdevelopment of tax monitoring. Proposals to improve the current legislation in the field of control and supervisory measures are defined.
Keywords: moratorium, conducting inspections, control and supervisory measures, tax audits.
Reference bibliographic list
1. Who and how can check a business in 2022. [Electronic resource]. – Access mode: https://www.klerk.ru/blogs/moedelo/533713/ (Date of access: 11/28/2022)
2. Agababyan V. E. Tax control as an element of tax administration in the Russian Federation // Polimatis. – 2018. – No. 9. – P. 13-18. – EDN YNUJBE.
3. Moratorium on Small Business Inspections in 2022: Extending the ban on routine inspections for businesses. [Electronic resource]. – Access mode: https://secrets.tinkoff.ru/voprosy-answer/moratorij-na-proverki/ (Date of access: 11/29/2022)
4. How is the small business verification process going in 2022 -Kontur.Extern. [Electronic resource]. – Access mode: https://www.kontur-extern.ru/info/25321-proverki_malogo_biznesa (Date of access: 11/20/2022)
5. Arutyunyan P. E., Ochakovsky V. A., Zimireva A. G. The principle of justice in tax law and its implementation // Eurasian legal journal. – 2021. – No. 12 (163). – S. 291-293. – EDN KSKIPG.
6. Ochakovsky V. A., Gritsai D. V., Balashov E. M. Tax monitoring: problems and development prospects // Eurasian legal journal. – 2022. – No. 1 (164). – S. 230-231. – EDN DQFIPE.
7. Ochakovsky V. A., Arkhireeva A. S. On the issue of conducting control measures by the Central Bank of the Russian Federation // Administrative legislation and practice of its application: state, trends, efficiency: Proceedings of the All-Russian Scientific and Practical Conference, Krasnodar, June 10, 2020 of the year. – Krasnodar: Limited Liability Company “Publishing House – South”, 2020. – P. 204-207. – EDN EILVIE.
8. Popova A. R., Ochakovsky V. A. Prospects for the development of tax monitoring in the Russian Federation // Eurasian legal journal. – 2020. – No. 11 (150). – S. 203-204. – EDN TNKAKY.
BUSINESS LAW
ZUBKOVA Mariya Nikolaevna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Institute of Law of the Samara State Economic University
BATALOV Ramil Evgenjevich
postgraduate student of the Institute of Law of the Samara State Economic University
REPLACEMENT OF DEBTOR’S ASSETS IN THE EXTERNAL MANAGEMENT PROCE-DURE
The article examines the issues of applying to the debtor in the course of external management such a measure of restoring solvency as asset substitution. The content of this measure, the procedure, conditions for the introduction and implementation, as well as possible consequences for the debtor as a result of its application are considered. The powers of creditors and management bodies of the debtor in connection with the application of this rehabilitation measure have been studied. The positive and negative consequences of asset substitution are highlighted. The issues unresolved in the legislation are indicated.
Keywords: transportation contract, transportation of energy resources.
Reference bibliographic list
1. Guryleva K. I. Abuse of rights when replacing the debtor’s assets. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&ts=ICFOBVT9bPzqYUx4&cacheid=5A3E6AB09C37A377CEC4EC928173191C&mode=splus&rnd=J4i3A&base=CJI&n=136546# QPbFRVTyuf4iKks02
2. Shishmareva T. P. Substitution of assets and sale of the debtor’s enterprise as legal means of sanitation. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&ts=ICFOBVT9bPzqYUx4&cacheid=5A3E6AB09C37A377CEC4EC928173191C&mode=splus&rnd=J4i3A&base=CJI& n=134870#nKn5RVTakGF04zHT1
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ON THE ISSUE OF THE NUMBER OF THOSE CONVICTED OF THEFT IN THE MEDIUM TERM
The difficult socio-economic situation in the country in the late 90s and early 2000s led to an increase in the number of crimes committed in the country, especially against property. Theft has truly become a popular article of the Criminal Code of the Russian Federation. However, the policy pursuedby the head of state and the government of the Russian Federation made it possible to stabilize the situation with the growth of crime, and the humanization and liberalization of criminal and penitentiary legislation reduced both the total number of convicts and those convicted of theft. This article presents a forecast of the number of those convicted for committing secret theft of other people’s property, built on the basis of statistical information on the activities of the courts of the Russian Federation for 2003-2009 and 2016-2021.
Keywords: theft, humanization of criminal policy, population forecast.
Reference bibliographic list
1. Judicial Department at the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/18/2022).
2. Extrapolation – distribution of conclusions obtained from observation of one part of the phenomenon to another part of it. Great Russian Encyclopedia. In 35 volumes. Moscow: Great Russian Encyclopedia. Under the general editorship of S. L. Kravets, 2013.
3. R. M. Zhilyaev, V. B. Pervozvansky, Yu. and long-term perspective – until 12/15/2018. Analytical material. – M.: FKU NII FSIN of Russia, 2016. – 20 p.
CRIMINAL LAW
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
BONDARENKO Sergey Vyacheslavovich
Ph.D. in Law, associate professor, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
ZHUKOVA Angelina Vladimirovna
student of the 5th course of the Samara State University of Economics
TO THE QUESTION OF THE NEED FOR CHANGES OF A CRIMINAL-LEGAL NATURE TO COMBAT THEFT FROM ELECTRONIC MONEY
In the presented article, the authors pay attention to the issues of combating theft using electronic means of payment. In particular, the paper examines the validity of the amendments proposed by the legislator to the Criminal Code of the Russian Federation. The article discusses and comments on the opinion of experts and the Supreme Court of the Russian Federation on this topic. Some critical comments were made that were not taken into account when making the changes under study.
Keywords: theft, theft, fraud, electronic means of payment.
Reference bibliographic list
1. Markova E. A. Criminal and legal characteristics of theft committed using electronic means of payment: dis. … cand. legal Sciences: 12.00.08. – St. Petersburg., 2021. – S. 23.
2. Korobeev AI Criminal punishability of socially dangerous acts. – Khabarovsk, 1986. – S. 36-37.
3. Klenova T. V. On the distinction between related and competing offenses (on the example of fraud) // Criminal Justice. – 2014. – No. 1. – P. 25-30.
4. Gaukhman L. D. Fraud: novelties of criminal law // Criminal law. – 2013. – No. 3. – P. 25-27.
5. Russkevich E. A. Differentiation of responsibility for crimes committed with the use of information and communication technologies and problems of their qualification. legal Sciences. – Moscow, 2020. – P. 7.
CRIMINAL LAW
VELIKANOVA Lyudmila Petrovna
Ph.D. in medical sciences, professor, Head of Narcology, psychotherapy and jurisprudence sub-faculty of the Astrakhan State Medical University
KHRAMOVA Irina Sergeevna
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the V. N. Tatishchev Astrakhan State University
LEGAL ASPECTS OF THE INTRODUCTION INTO LAW ENFORCEMENT PRACTICE OF MEDICAL CRITERIA FOR THE DEGREE OF INTOXICATION OF A PERSON WHO COMMITTED AN UNLAWFUL ACT
The article presents the forms of manifestation of the degree of intoxication and characterizes its signs in the context of the possibilities of application in the practical activities of law enforcement agencies in order to form a gradation of responsibility for committing offenses while intoxicated. The necessity of introducing legal structures that allow taking into account the degree of intoxication when determining the responsibility of the offender, in relation to those structures that provide for a “fork” of punishment, is substantiated.
Keywords: alcohol intoxication, degree of intoxication, liability, offense while intoxicated.
Reference bibliographic list
1. Afanasyev M. V. Criminal liability for violation of traffic rules and operation of vehicles by a person in a state of intoxication. Abstract dis. … cand. legal Sciences. M., 2015.
2. Babnov AS Criminal liability for crimes committed while intoxicated. Abstract dis. … cand. legal Sciences. Saratov, 2002.
3. Portnov A. A., Pyatnitskaya I. N. Clinic of alcoholism. M.: Book on Demand, 2013.
4. Kozarenko Yu. I. The state of intoxication: criminal law and criminological aspects. Abstract dis. … cand. legal Sciences. Nizhny Novgorod, 2015.
5. Yurov G. A. Prevention of crimes committed while intoxicated. Abstract dis. … cand. legal Sciences. Ryazan, 2007.
CRIMINAL LAW
ZHUKOVA Anastasia Igorevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
SHEVCHENKO Sergey Vyacheslavovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
PROBLEMS OF REGULATION AND PRACTICE OF APPLICATION OF ARTICLE 238 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
In modern market conditions, some business entities are trying to increase their profits by reducing the cost of manufacturing products. The use of cheap raw materials in the production entails the appearance on the consumer market of goods that do not meet safety requirements, as well as the provision of services that threaten the health and life of the population. In 1999, Article 238 was introduced into the Criminal Code of the Russian Federation, providing for liability for the production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements. At the same time, today there are many problems associated with the qualification of criminal acts under Art. 238 of the Criminal Code of the Russian Federation, which will be analyzed in this article.
Keywords: goods, products, services, quality, responsibility.
Reference bibliographic list
1. Kravchenko R. M. Criteria for delimitation of Art. Art. 11.10 and 14.4 of the Code of Administrative Offenses of the Russian Federation and Art. 238 of the Criminal Code of the Russian Federation // Russian investigator. – 2018. – No. 4. – P. 47.
2. Rybnikova Yu. D. On the issue of interpretation and implementation of article 238 of the Criminal Code of the Russian Federation // MNSK-2019. State and law. Materials of the 57th International Scientific Student Conference, Novosibirsk, April 14-19, 2019. – Novosibirsk: Novosibirsk National Research State University, 2019. – P. 317.
3. Tyumentseva A. A. Problems of qualification Part 1 tbsp. 238 of the Criminal Code of the Russian Federation // Legal science in the XXI century. Collection of scientific articles on the results of the eighth international round table, Shakhty, November 30, 2018. – Mines: Limited Liability Company “KOVERT”, 2018. – P. 57.
4. Yakimenko N.M. Assessment of the insignificance of the act: Proc. allowance. – Volgograd: Publishing House of the Higher School of the Ministry of Internal Affairs of the USSR, 1987. – S. 28.
CRIMINAL LAW
KAPITSA Vyacheslav Stanislavovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
KAPITSA Tatyana Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
PROBLEMS OF SENTENCING TAKING INTO ACCOUNT CIRCUMSTANCES MITIGATING PUNISHMENT
The article deals with modern problems of the theory and practice of applying the criminal law. The authors make an attempt to analyze law enforcement practice on the issue of courts taking into account mitigating circumstances when sentencing. Among other things, the article draws attention to the controversial issue of the obligation of the courts to recognize the presence of young children in the perpetrator as a mandatory criterion for mitigating punishment, in cases where the perpetrator has young children.
Keywords: assignment of punishment, circumstances mitigating punishment, perpetrator with minor children, a minor, a dependent child.
Reference bibliographic list
1. Serkov P. P. Mitigating and aggravating circumstances as meansand ensuring the individualization of punishment // Abstract of the thesis. dis. … cand. legal Sciences. – Moscow, 2003. – P. 3.
2. Malinin V. B., Izmalkov V. A. Actual problems of criminal, penal law and criminalistics // Bulletin of the Samara Humanitarian Academy. Series “Right”. – Samara, 2016. – No. 1-2 (18). – P. 164-172.
3. Kruglikov LL Legal nature of mitigating and aggravating circumstances / / Criminal law. – 1999. – No. 4. – P. 12.
4. Rozenko S. V., Devitsyna V. A. Problems of imposing a criminal penalty in the presence of circumstances mitigating the punishment // Bulletin of the Yugorsk State University. – 2017. – Issue 1 (44). – P. 109-112.
5. Official website of the Supreme Court of the Russian Federation // Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the 4th quarter of 2006. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/practice/15071/.
CRIMINAL LAW
MAGOMEDOV Magomed Magomedovich
magister student of the 2nd year of study of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia, Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ON THE EFFECTIVENESS OF THE APPLICATION OF EXEMPTION FROM CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF ECONOMY
The article analyzes the content of the norm providing for exemption from criminal liability in cases of crimes in the field of economic activity (Article 76.1 of the Criminal Code of the Russian Federation). Examines the legal and technical inaccuracies of the existing version of the article, and examines the law enforcement prospects. The purpose of the article is to disclose the issues of applying the exemption from criminal liability for economic crimes.
Keywords: criminal liability, economic crime, combating economic crimes, exemption from criminal liability, object of criminal encroachment.
Reference bibliographic list
1. Dzhindzholiya R. S., Borovikov V. B. Russian criminal law. In 2 parts. A common part. Educational visual aid (diagrams). – M.: Prometheus. 2018. – 158 p.
2. Zvecharovsky I. E., Bimbinov A. A., Bozhenok S. A., Gracheva Yu. V. Criminal law of the Russian Federation. Special part. Textbook / Ed. Zvecharovsky I. E. – M .: Prospect. 2020. – 688 p.
3. Kapinus O. S. Criminal law of Russia. Special part in 2 volumes. Volume 2. Textbook for academic undergraduate studies. – M.: Yurait. 2017. – 504 p.
CRIMINAL LAW
NAZAROVA Nadezhda Leontjevna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the Faculty of Law of the N. I. Lobachevskiy Nizhny Novgorod State University
BOLSHAKOV Alexander Sergeevich
student of the 3rd course of the Faculty of Law of the N. I. Lobachevsky Nizhny Novgorod State University
APPLICATION OF ARTICLES 210, 210.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: THEORY AND PRACTICE
The article was prepared based on the results of a study of scientific publications and forensic investigative practice. The article analyzes various approaches to understanding the subject of Part 4 of Article 210 and Article 210.1 of the Criminal Code of the Russian Federation. The issues of interpretation of the objective side of the crime provided for in Article 210.1 of the Criminal Code of the Russian Federation of both theoretical and practical nature are considered.
The criteria for determining the person occupying the highest position in the criminal hierarchy in the science of criminal law and judicial practice are considered. The authors come to conclusions about the terminological uncertainty of this definition, as well as the insufficiency of the normative interpretation of the note to Article 210 of the Criminal Code of the Russian Federation. The results obtained determine the degree of favorability of the implementation of the analyzed criminal law norms.
Keywords: criminal community, criminal hierarchy, occupation of the highest position, competition of norms, organization of entrepreneurial activity.
Reference bibliographic list
1. Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996 (as amended on December 25, 2022).
2. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // Collection of Legislation of the Russian Federation of July 5, 2021 – No. 27 (Part II). – Art. 5351.
3. DecreeDecree of the Plenum of the Supreme Court of the Russian Federation dated 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). – [Electronic resource]. – Access mode: Access from SPS “ConsultantPlus”.
4. Kapinus O. S. Signs of a criminal community (criminal organization) in the context of a new note to Art. 210 of the Criminal Code of the Russian Federation // Journal of Russian Law. – 2020. – № 9.
5. Karmanovsky M. S., Kosyanenko E. V. Responsibility for the acts provided for by articles 210 and 2101 of the Criminal Code of the Russian Federation // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – № 2 (82).
6. Kondratyuk E. V. Judicial criminological examination of the occupation of the highest position in the criminal hierarchy // Vector of Science TSU. Series: Legal Sciences. – 2021. – No. 329.
7. Muravyov S. I. Actual problems of regulation of criminal responsibility for occupying a higher position in the criminal hierarchy and ways to overcome them // Issues of Russian justice. – 2019. – № 3.
8. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80000 words and phraseological expressions / Russian Academy of Sciences. Institute of the Russian Language. V. V. Vinogradova. – 4th ed., supplemented. – M.: Azbukovnik, 1999.
9. Pantyukhina I. V., Larina L. Yu. Problems of regulation and application of the criminal law providing for responsibility for occupying the highest position in the criminal hierarchy (Article 210.1 of the Criminal Code of the Russian Federation) // LEX RUSSIA. – Volume 73. – No. 10. – 2020.
10. Topilskaya E. V. On the features of the offenses provided for by articles 210 and 210.1 of the Criminal Code of the Russian Federation // Kriminalist. – 2020. – № 2.
11. Novozhilov S. S. The highest position in the criminal hierarchy: problems of application of part 4 of article 210 and article 210.1. Criminal Code of the Russian Federation // Legal Research. – 2022. – № 4.
CRIMINAL LAW
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Alexey Vadimovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia
KUROCHKIN Boris Nikiforovich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Trans-Urals
RAPE: DETERMINING THE SUBJECTIVE FEATURES OF THE CRIME
The article deals with the issue of determining the subjective side of the composition of rape. This topic is actualized by the fact that today’s Russian society has shattered moral foundations in terms of sexual relations, this is caused by the legalization of same-sex relationships in international practice, the ease of access of “immature minds” to obscene content materials and the mass distribution of pornography, pedophilia, as well as other forms of “moral freedom of the individual”. The illegal act considered in this article has a high level of latency due to the “everyday” nature of the commission, as well as the difficulties of further qualification, investigation and proof of guilt in the commission of this type of crime. It is concluded that in the structure of the subjective side of the composition of this criminal act are the defining and most significant moments.
Keywords: rape, subjective side, victim, conflict, personality, moral principles, sexual freedom.
Reference bibliographic list
1. Galiakbarov R. R. How to qualify murders and rapes committed in a group way // Russian Justice. – 2000. – № 10.
2. On judicial practice in cases of rape: Resolution of the Plenum of the Supreme Court of the Russian Federation of April 22, 1992 // SPS “Consultant Plus”. – [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 21.01.2023).
3. Skorchenko P. T. Rape investigation. – Moscow: Bylina, 2004.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
GORSHKOVA Natalya Andreevna
Ph.D. in Law, Deputy Head of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia, lieutenant colonel of internal srevice
FEATURES OF LEGISLATIVE AND JUDICIAL PENALIZATION OF ACTIONS, CONSTITUTING EXCESS OF OFFICIAL AUTHORITY UNDER ART. 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article is devoted to the consideration of the implementation of legislative and judicial types of penalization of abuse of office. The types and sizes of punishment established in the sanctions of the norms included in Art. 286 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation), in the retrospective and modern aspects of legislative and law enforcement activities.
Keywords: types of punishment; the amount of punishment; legal penalization; judicial penalty; excess of authority.
Reference bibliographic list
1. Amosova A. A. Differentiation of criminal liability for taking a bribe and penalization of this encroachment – the “criminal paradox” of a civilized society / A. A. Amosova // Russian investigator. – 2021. – No. 5. – S. 42-46.
2. The case of torture convicted in a prison hospital near Saratov. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (date of access: 01/15/2023).
3. On amendments to the Criminal Code of the Russian Federation: [feder. Law of July 14, 2022 No. 307-FZ] // Collection of Legislation of the Russian Federation. – 2022. – No. 29 (part III). – Art. 5274.
4. Rastoropov S. V. To the question of the concept and legal nature of probation // Man: crime and punishment. – 2013. – No. 4 (83). – P. 13-16.
5. Simbagaev S.-M. R. Fine as a type of criminal punishment: problems of legislative regulation and practice of application: dis. … cand. legal Sciences. – Grozny, 2022. – 236 p.
6. Judicial Department under the Supreme Court of the Russian Federation [Official site]. Report on the types of punishment for the most serious crime (excluding addition) for 12 months 2019 – 12 months 2021 (Form 10.3). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=4894 (date of access: 01/15/2023).
7. Judicial Department under the Supreme Court of the Russian Federation [Official site]. Report on the terms of imprisonment and the amount of fines (attachment to the report of form No. 10.3) for 12 months of 2019 – 12 months of 2021 (Form 10.3.1). [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=4894 (date of access: 01/15/2023).
CRIMINAL LAW
RUDIK Mikhail Viktorovich
Ph.D. in Law, senior lecturer, associate professor of Criminal law and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
TOROPOV Sergey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
CRIMINAL-LEGAL AND CRIMINALISTIC ASPECTS OF RELATIONSHIP OF THE SUBJECT TO A FIREARM
The article contains the author’s analysis of certain regulatory legal provisions of the Federal Law “On Weapons”, concerning the disclosure of the concepts of the components of firearms, cases of making changes to them in order to change the technical characteristics and increase the damaging properties . A behavioral algorithm of interested parties is defined, which is implemented by the latter in order to resolve controversial issues in the qualification of acts for the alteration of firearms.
Keywords: firearms, main parts of the weapon, drilling of the bore, alteration, change in characteristics.
Reference bibliographic list
1. Federal Law “On Weapons” // “Rossiyskaya Gazeta” of December 18, 1996 – No. 241.
2. Ignatov A. N., Toropov S. A. Tactical features of the appointment and production of expertise for crimes of a terrorist nature and extremist orientation in conditions of social tension // Humanitarian, socio-economic and social sciences. – 2022. – № 4. – P. 118-121.
3. What is the “Paradox” and why is it good: JSC “Kalashnikov Concern”. [Electronic resource] – Access mode: https://kalashnikov.media/blog/chto-takoe-paradoks-i-chem-on-khorosh (date of access: 02/01/2023).
4. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection of Legislation of the Russian Federation of June 17, 1996 No. 25 Art. 2954.
5. 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.
6. Decree of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 (as amended on June 11, 2019) “On judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices” // Bulletin of the Supreme Court of the Russian Federation, May 2002 -No. 5.
7. Toropov S. A. Preliminary studies of traces of ballistic origin at the scene of terrorist incidents // In the book: Countering extremism and terrorism in the Crimean Federal District: problems of theory and practice. – Crimea, 2015. – P. 311-318.
8. Lukashik A. O., Predein P. Yu. Characteristics of the object and objective signs of a crime under article 223 of the Criminal Code of the Russian Federation (illegal manufacture of weapons) – Text: direct // Young scientist. – 2022. – No. 42 (437). – S. 138-142. – [Electronic resource]. – Access mode: https://moluch.ru/archive/437/95673/.
CRIMINAL LAW
SAFONOV Andrey Aleksandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research training sub-faculty of the Research Complex of Forensic Examination of the V. Ya. Kikot Moscow University of the MIA of Russia
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
THE CONTENT OF THE MECHANISM AND THE SITUATION OF THE COMMISSION OF CRIMES COMMITTED IN CERTAIN TYPES OF TRANSPORT (WATER, AIR, RAIL)
The level of transport security is determined by the level of both ordinary crime and the degree of possible terrorist threats. The State is expected to carry out tough preventive measures. So, after the events of 04/05/2017, the corresponding Decree of the Government of the Russian Federation No. 495 dated 04/26/2017 came into effect in the St. Petersburg metro, which tightens the requirements for anti-terrorist protection of transport infrastructure facilities, especially railway, as well as aviation and shipping. Currently, the definition of criminalistic characteristics as a system of information about typical signs and properties of a crime in their interrelation, which serves to advance and verify investigative versions, as well as to solve other tasks of criminal investigation, has become the most widespread. One of the elements of the criminalistic characteristics of the crime is the mechanism and the situation of the commission of the crime.
Keywords: crime situation, crime, transport, theft of property, investigation, investigator.
Reference bibliographic list
1. Belkin R. S. Forensic Encyclopedia. M.: BEK, 1997. S. 217.
2. Gribunov O. P. The situation of committing crimes as a key element of the forensic characteristics of crimes committed in the railway transport // Bulletin of the Tula State University. Economics and jurisprudence. 2013. No. 5-2. P. 61.
3. Berestnev M. A. Golovin A. Yu. Methods of investigating robbery attacks on highways. Moscow: Yurlitinform, 2012. P. 12.
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
INDIVIDUAL ISSUES OF THE OPERATION OF THE CRIMINAL LAW IN SPACE
The article analyzes some aspects of the operation of the Criminal Code of the Russian Federation on the territory of the Donetsk People’s Republic, Luhansk People’s Republic, Zaporozhye and Kherson regions. The study was conducted taking into account historical experience, the principles of the Criminal Code of the Russian Federation in the space under Article 12 of the Criminal Code of the Russian Federation, as well as the provisions of legislative initiatives. Separate issues of establishing criminality and punishability of acts committed in these territories before September 30, 2022 are considered.
Keywords: crime, punishment, conviction, real principle, national interests.
Reference bibliographic list
1. Vinokurov, VN Object of crime: theory, legislation, practice. – M.: Yurlitinform, 2010. – 224 p.
2. Khlebushkin A. G. Interest as a subject of constitutional and legal relations protected by the norms of chapter 29 of the Criminal Code of the Russian Federation // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2012. – No. 3 (29). – P. 57-61.
3. Estrin A. Ya. Criminal law S.S.S.R. and R.S.F.S.R .. – 2nd ed., Rev. and additional – M.: Yuridich. publishing house N.K.Yu. R.S.F.S.R., 1929 (L.). – 93 p. [Electronic resource]. – Access mode: https://search.rsl.ru/ru/record/01009254758. (Accessed: 01/18/2023).
4. Molchanov, D. M. The principle of justice and the operation of the criminal law in space // Bulletin of the University named after O. E. Kutafin (MSLA). – 2018. – No. 12 (52). – S. 95-104.
CRIMINAL LAW
KHRENOVA Larisa Mikhaylovna
senior investigator with the MIA of Russia for the city of Pereslavl-Zalessky
PROBLEMS OF DETERMINING THE SUBJECT OF A CRIME UNDER ARTICLE 231 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
In this article, the author discusses the actual problems of determining the subject of a crime under Article 231 of the Criminal Code of the Russian Federation “Illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors”, as well as ways to solve them. The main features of the subject of the crime under this article and the current state of crime related to drug trafficking are given.
Keywords: subject of crime, illicit cultivation, narcotic drugs, psychotropic substances, precursors, illicit trafficking, drugs.
Reference bibliographic list
1. Dineka V. I., Zhabsky V. A., Denisenko M. V. The subject of a crime in criminal law // Scientific works of the Russian Academy of Advocacy and Notariat. – 2022. – No. 1 (64). – P. 40-47.
CRIMINAL LAW
SHAGALIEV Khaidar Danisovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ULYBIN Vladislav Sergeevich
master of the Higher School of Information and Social Technologies of the Ufa State Petroleum Technical University
STUDNEV Alexander Sergeevich
senior lecturer of Internal affairs in the department of internal affairs sub-faculty of the Krasnodar University of the MIA of Russia
PRACTICAL ASPECT OF INTERPRETATION OF THE NOTE TO ARTICLE 222 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses the practical aspects of the application of the note to Article 222 of the Criminal Code of the Russian Federation during operational search measures for the detection and seizure of illegally stored firearms and items and related substances prohibited in free civil circulation. When conducting operational search activities and when registering their results, a situation arises when the person against whom the event was held and from whom the weapon was seized, respectively, believes that he gave it out voluntarily, despite the fact that illegal storage was carried out before the start of search activities by police officers and the extradition was forced.
Keywords: operational search measures for the seizure of weapons from illicit trafficking, illegal arms trafficking, voluntary issuance of illegally stored weapons, public inspection of premises.
Reference bibliographic list
1. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on December 29, 2022) // Consultant Plus SPS (accessed on January 25, 2023).
2. Federal Law “On operational-search activity” dated August 12, 1995 No. 144-FZ (as amended on December 29, 2022) // ConsultantPlus SPS (accessed on January 25, 2023).
3. Ragulin I. Yu. Organization of a preliminary check of the report on the illegal circulation of weapons and ammunition // Scientific journal of KubGAU. – 2014. – No. 96. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/organizatsiya-predvaritelnoy-proverki-soobscheniya-o-nezakonnom-oborote-oruzhiya-i-boepripasov-1 (date of access: 01/30/2023).
4. Decree of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 No. 5 (as amended on June 11, 2019) “On judicial practice in cases of theft, extortion and illicit trafficking in weapons, ammunition, explosives and explosive devices”. – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 25.01.2023).
CRIMINAL LAW
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
ZHILYAEV Rustam Mukhamedovich
Ph.D. in Law, Head of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of Execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Research Institute of the Federal Penitentiary Service of Russia
ON THE ISSUE OF FORECASTING THE NUMBER OF CONVICTS FOR ILLEGAL ACTIONS WITH NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES FOR THE PERIOD UP TO 2030
An analysis of statistical data showed that tens of thousands of citizens are brought to criminal responsibility every year for committing illegal actions with narcotic drugs and psychotropic substances. The number of the considered category of convicts changes annually, sometimes upwards, sometimes downwards, which cannot but affect the activities of both the penitentiary services and other law enforcement agencies. This article presents an approximate forecast of the number of people convicted of crimes related to drug trafficking for the period up to 2030, which was compiled on the basis of statistical data for previous periods – 2003-2021.
Keywords: convicted for illegal actions with narcotic drugs and psychotropic substances, population forecast for the period up to 2030.
Reference bibliographic list
1. Judicial Department at the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 12/18/2022).
2. Antipov A. N. Characteristics of convicts as of 06/01/2013. Analytical material. – M.: FKU NII FSIN of Russia, 2013. – 40 p.
3. Extrapolation – distribution of conclusions obtained from observation of one part of the phenomenon to another part of it. Great Russian Encyclopedia. In 35 volumes. – M.: Great Russian Encyclopedia. Under the general editorship of S. L. Kravets, 2013.
CRIMINAL LAW
KHALILOVA Diana Zainulayevna
magister student of the 2nd course of the Institute of Law of the Dagestan State University
ORGANIZED GROUPS AND CRIMINAL COMMUNITIES AS MAJOR SUPPLIERS OF NARCOTIC DRUGS
The article analyzes such forms of stable criminal groups as an organized group and a criminal community and their impact on the prevalence of drug trafficking in the Russian Federation. The report on the illegal drug trade in Russia, which was compiled for the United Nations Office for Drug Control and Crime Prevention (UNIDCCP), is analyzed, which also highlights the influence of organized groups and criminal communities on the distribution of narcotic drugs in the country.
Keywords: organized group, criminal community, narcotic drugs, illicit drug trafficking, stable group of persons.
Reference bibliographic list
1. Musaev A. N., Sbirunov P. N., Tselinsky B. P. Counteraction to illegal drug trafficking: textbook. – Moscow: All-Russian Research Institute of the Ministry of Internal Affairs of Russia, 2015.
2. Romanova L. I. Drug crime: price, characteristics, struggle policy. – Moscow: Yurlitinform, 2010.
3. Osipov G. L. Dental maintenance for the consumption of narcotic drugs or psychotropic substances: criminal law and criminological aspects: abstract of dis. … cand. legal Sciences: 12.00.08. – Moscow, 2012.
CRIMINAL LAW
KAYKO Evgeniya Pavlovna
magister student of the 1st course of the degree in the field of study 40.04.01 “Jurisprudence” of the Vladivostok State University
ON THE EFFECTIVENESS OF THE USE OF COERCIVE MEASURES OF EDUCATIONAL INFLUENCE
The article discusses the effectiveness of the use of coercive measures of educational influence on a minor. When passing on a minor, the court is obliged to consider and resolve the issue of the possibility of releasing the minor defendant from punishment and applying coercive measures of educational influence to him. In this connection, it is urgent to increase the effectiveness of the application of such measures. The author examines each compulsory measure of educational influence, analyzes the effectiveness of their application in practice and identifies legislative gaps in their regulation. In this connection, ways of improving legislation are proposed to increase the expediency of applying these measures and achieving the goal of correcting a minor without imposing punishment.
Keywords: minors, compulsory measures of educational influence, effectiveness, prevention, transfer to the supervision of parents or persons replacing them, or a specialized state body, assignment of the obligation to make amends for the harm caused, restriction of leisure and establishment of special requirements for the behavior of a minor, placement in a special educational institution of a closed type.
Reference bibliographic list
1. Mikhailova T. N. The principle of the special position of a minor in the framework of criminal proceedings in Russia // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 115-128.
2. Nikolyuk V. V. Sending convicted juveniles to a special educational institution of a closed type: a paradigm shift in the legislative structure // Justice. – 2019. – No. 2. – S. 206-224.
CRIMINAL LAW
SHIKHBABAEV Robert Huseynovich
magister student of the 2nd year of study of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of the Criminal procedure sub-faculty of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
CRIMES COMMITTED IN THE HEALTHCARE SYSTEM BY MEDICAL WORKERS: THE CONCEPT, SIGNS AND APPROACHES IN THE THEORY OF CRIMINAL LAW IN RUSSIA
Recently, there has been an increase in crimes committed by medical professionals who may allow harm to health or even death of a person. A serious problem is that at the moment this issue is not regulated in the Criminal Code of the Russian Federation. This leads to the fact that the latency of these crimes is very high. It is also necessary to point out the lack of official statistics in the field of health.
Keywords: medical workers, crime, iatrogenic crime, the subject of the crime, medical care, medical secrecy, medicines.
Reference bibliographic list
1. Brainin Ya. M. Criminal law and its application. Moscow: Yurlit, 1967.
2. Rustambaev M. Kh. The course of criminal law of the Republic of Uzbekistan: in 5 volumes. Special part. T. 3: Crimes against the person. Crimes against peace and security: a textbook for universities. Tashkent: Ukutuvchi. 2019.
3. Kravchenko R. M. On the issue of criminal law assessment of poor-quality medical intervention // Russian investigator. 2017. No. 13. P. 27-31.
4. Nikitina I. O. Crimes in the field of healthcare (legislation, legal analysis, qualifications, causes and prevention measures): Dis. … cand. legal Sciences. N. Novgorod, 2018. P. 78.
5. Shevchuk E. P. “Medical error” and “accident” in the obligation to compensate for harm in the provision of medical services // Siberian Legal Bulletin. 2012. No. 2. P. 89.
6. Buchik O. V. Consolidation of the right to health care in the constitutions of the CIS countries. Local network SOUNB them. Belinsky. [Electronic resource]. – Access mode: http://book.uraic.ru/ (date of access: 11/14/2022).
7. Commentary on the Criminal Code of the Russian Federation / Ed. A. E. Zhalinsky. M.: Norma, 2021. Text: electronic // Yurayt: [electronic-bibl. system]. [Electronic resource]. – Access mode: https://www.biblio-online.ru/bcode/437011/ (date of access: 11/20/2022).
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
CHIGRINA Olesya Ruslanovna
postgraduate student of the University of the Prosecutor’s Office of the Russian Federation
LEGAL AND MEDICAL ASPECTS OF EXPEDIENCY ESTABLISHMENT OF LIABILITY FOR IMPROPER PROVISION PATIENT CARE
Professional medical activity, along with the successful treatment of a patient, does not exclude the objectively inherent probability of the onset of negative final results of his examination, diagnosis, and treatment. Even in cases of correct, adequate and timely preventive, therapeutic, diagnostic and medical rehabilitation measures, a complication of the underlying disease or an individual pathophysiological reaction of the body is possible. It is quite difficult to identify the permanent cause of defects in the provision of medical care (iatrogenia) due to various circumstances of an objective and subjective nature. It is even more difficult to offer a comprehensive consistent viable solution that would minimize the likelihood of repeated iatrogenic recurrence. Many medical healthcare institutions adhere to a strict internal disciplinary policy, which, as a rule, creates a hostile environment in relation to the individual, the phenomenon of collective (general collective) responsibility. Most often, this leads to the fact that the staff simply does not dare to report their omissions and errors, and even more so, to present them to the general “court”. Removing the concept of improper provision of medical care to a patient in the form of medical errors and omissions from the system of law is completely unacceptable, since it can overshadow the goal of preventing and eliminating the causes and consequences of medical iatrogenies. Meanwhile, it is well known that medical errors and omissions, regardless of the nomenclature, usuallyarise due to the coincidence of many contributing factors that must be classified in the most careful way.
Keywords: improper provision of medical care, medical error, iatrogenic crimes, expediency of criminal liability, causes and other determinants of medical omissions
Reference bibliographic list
1. Alshevsky VV Forensic medical examination of harm to health in modern criminal proceedings. – M., 2014. – S. 8-9 and others.
2. Singh H., Nike A. D., Rao R., Petersen L. A. Reducing diagnostic errors through effective communication: harnessing the power of information technology // J Gen Intern Med. – 2008. – April. – No. 23 (4). – S. 489-494.
3. Singch Ch., Schiff G. D., Graber M. L. et al. Global time of diagnostic errors in primary health care // BMJ Qual Saf. – 2017. – June. – P. 484-494.
4. Tilburg S. M., Leistikou I. P., Rademaker S. M. Analysis of refusals in the provision of medical care and their consequences // Qual Saf Health Care. – 2006. – February. – P. 58-63.
5. What is more dangerous – a doctor who made a mistake, or a society devouring doctors // Medical Russia. – 2018. – February 2.
CRIMINAL LAW
ULYANOV Anton Sergeevich
competitor of the University of the Prosecutor’s Office of the Russian Federation
THE MECHANISM OF REPLACEMENT OF CRIMINAL PENALTIES AND THE CONDITIONS OF ITS EFFECTIVENESS: THE FORMULATION OF THE QUESTION
The article deals with the issue of the functioning of the mechanism of replacement of criminal penalties. The author focuses on the conditions of the effectiveness of its implementation. As a result of the work done, such conditions include: the construction of the order of criminal penalties and the presence of the necessary links between them.
Keywords: criminal punishment, system, interaction of punishments, substitution, additional punishment.
Reference bibliographic list
1. Dyadkin D.S. On the problem of formalizing the system of punishments // Russian investigator. 2006. No. 8. P. 46-49.
2. Zhukov A. V. Substitution of punishment in the criminal law of Russia: dis. … cand. legal Sciences. Samara, 2002. P. 4-5.
CRIMINAL PROCESS
BAZHANOV Sergey Andreevich
Ph.D. in Law, leading researcher of the Department for Improving the Regulatory Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal Enforcement System of the Federal State Institution of the FPS of Russia
MEDVEDEVA Inna Nikolaevna
senior researcher of the Department for the Study of the Problems of employment of Convicts and economic problems of the functioning of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Research Institute of the FPS of Russia
ON THE QUESTION OF CHARACTERISTICS OF PERSONS IN RELATION TO WHICH ALTERNATIVE TO DETENTION MEASURES OF PRECAUTION ARE CHOSEN
The humanization of the criminal policy of combating crime pursued in the Russian Federation has led to a significant reduction in the number of persons taken into custody, mainly due to the wider use by inquiry, investigation and court of preventive measures that are alternative to detention ( prohibition of certain actions, bail and house arrest). On the one hand, this circumstance has been seen as extremely positive, but on the other hand, the increase in the number of persons against whom preventive measures have been chosen that do not provide for complete isolation from society, registered with penitentiary inspections, has led to a number of difficulties of both a legal and organizational nature. Based on the study of statistical reporting forms, the authors of the article compiled a description (portrait) of these categories of offenders.
Keywords: reventive measures, prohibition of certain actions, bail, house arrest, suspects and accused, characteristics.
Reference bibliographic list
1. Ovchinnikov Yu. G. House arrest as a measure of restraint in criminal proceedings: Dis. … cand. legal Sciences. – Omsk, 2006. – 209 p.
2. Report of the Federal Penitentiary Service of Russia “Results of the activities of institutions, bodies and enterprises of the penitentiary system. Section 15. Information on the activities of penitentiary inspections” for 2022 [Electronic resource]. – Access mode: SPS “Statistics of the penal system” (date of access: 23.01.2023).
3. Pervozvansky V. B. On the composition of convicts as a system-destroying factor // Vedomosti UIS. – 2015. – No.9 (160). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-sostave-osuzhdennyh-kak-sistemorazrushayuschem-faktore (date of access: 03.02.2023).
CRIMINAL PROCESS
DOROSINSKAYA Anna Mikhaylovna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
PROBLEMS OF LEGAL REGULATION OF THE CONCLUSION OF A PRE-JUDICIAL AGREEMENT ON COOPERATION IN THE IMPLEMENTATION OF PROCEEDINGS IN CRIMINAL CASES
A pre-trial agreement on cooperation, as a criminal procedure institution, undoubtedly has positive aspects of its application in the detection, investigation and proof of crimes. The considered “deal with the investigation” plays an important role in the fight against crime. Of no small importance when considering this institution is the saving of state resources and funds associated with the reduction of the time of pre-trial investigation and trial. However, the application of a pre-trial cooperation agreement also has problematic aspects that arise during its implementation, the elimination of which would ensure the implementation of the basic principle of criminal procedure law – legality, thereby ensuring the protection of the rights and freedoms of participants in criminal proceedings, both from the side of the defense and from the side of the prosecution.
Keywords: pre-trial agreement on cooperation, investigator, prosecutor, court, accused, petition, decision.
Reference bibliographic list
1. Gadzhiramazanov P. K., Karibova K. N. On the procedural function of the investigator in the modern criminal process // Law and Law. – 2021. – No. 1. – P. 109-111.
2. Loshkobanova Ya. V. Modern problems of establishing circumstances significant for a criminal case when concluding a pre-trial agreement on cooperation // Legal Bulletin of Samara University. – 2019. – V. 5. – No. 4. – S. 91-98.
3. Sorokina I. A. On some issues of regulation of fundamental rights and freedoms of a person in respect of whom a criminal case is separated into a separate proceeding in connection with the conclusion of a pre-trial agreement on cooperation with him // News of the Tula State University. Economic and legal sciences. – 2021. – No. 1. – P. 127-131.
4. Balyasnikova N. D. Problems arising from the conclusion of a pre-trial agreement on cooperation at the pre-trial stages of criminal proceedings // Generation of the future: the view of young scientists – 2021: collection of scientific articles of the 10th International Youth Scientific Conference, Kursk, November 11–12, 2021 of the year. – Kursk: Southwestern State University, 2021. – P. 19-21.
5. Shadrin V. S., Bulatov B. B. Features of obtaining, evaluating and using the testimony of a person interrogated in a criminal case as an accomplice // Actual problems of Russian law. – 2021. – No. 2 (123). – P. 102-111.
6. Apostolova N. N. The special procedure for making a court decision when concluding a pre-trial cooperation agreement needs to be improved // Ros. judge. – 2018. – No. 1 (41). – P. 149-156.
7. Travnikov A. V. Criminal procedural problems that arise when concluding, changing and terminating a pre-trial agreement on cooperation in criminal cases on terrorist crimes // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (80). – P. 108-113.
CRIMINAL PROCESS
KURILKINA Olga Alexandrovna
Ph.D. in Law, Head of Branch legal disciplines sub-faculty of the A. R. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE), associate professor of Theory of state and law sub-faculty of the Rostov Law Institute of the MIA of Russia
PONOMARENKO Sergey Ivanovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. R. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
SHOGENOV Timur Mukhamedovich
Ph.D. in economical 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
PUBLIC DANGER OF VIOLATIONS OF FIRE SAFETY RULES: A HISTORICAL ASPECT
The article deals with topical issues related to the public danger of violations of fire safety rules. The authors analyze not only criminal legislation, but other federal laws that contain the definition of fire safety. In addition, the work pays attention to the historical and doctrinal consideration of this institution.
Keywords: public danger, materialdamage, criminal liability, fire safety rules, injury to health, fire.
Reference bibliographic list
1. Karelin K. V. Administrative and legal status of the state fire supervision of the Russian Federation: dis. … cand. legal Sciences. – Saratov, 2016. – P. 105.
2. Shiryaev N. Moscow fires in the eighteenth century. – St. Petersburg, 1893. – S. 938.
CRIMINAL PROCESS
LATYPOV Vadim Sagityanovich
Ph.D. in Law, associate professor, professor of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE THEORETICAL MODEL OF ASSISTANCE TO THE ADMINISTRATION OF JUSTICE IN THE CRIMINAL PROCESS OF RUSSIA
In order to ensure an equal adversarial criminal process in Russia, it is not enough to implement only the basic criminal procedural functions. In the article, the author drew attention to and conducted a study of a new, neutral in relation to the main criminal procedural functions – the function of assistance to justice, which is not currently reflected in the current procedural legislation and has not had proper research in the theory of criminal procedural law. The article presents the results of the developed theoretical model of assistance to justice in the criminal process of Russia, which defines the role and significance of this function in the system of criminal procedural functions, identifies its general and particular features.
Keywords: competitiveness; function; assistance to justice; criminal process; equality; concept; legal relations.
Reference bibliographic list
1. Harutyunyan A. A. Mediation in the criminal process: author. dis. … cand. legal Sciences. – Moscow, 2012.
2. Girko S. I. Criminal procedural functions of the police (theoretical, legal and applied problems): author. dis. … doc. legal Sciences. – Moscow, 2004.
3. Zheltobryukhov S.P. On the need to abolish the institution of witnesses // Russian justice. – 2018. – № 2.
4. Zabuga E. E. Mediation as an alternative form of criminal prosecution of minors: author. dis. … cand. legal Sciences. – Omsk, 2014.
5. Larin A. M. Investigation in a criminal case: procedural functions. – Moscow, 1986.
6. Latypov V. S. Assistance by other participants in criminal proceedings, provided for by Chapter 8 of the Code of Criminal Procedure of the Russian Federation: monograph. – Moscow: Yurlitinform, 2018.
7. Latypov V.S. Assistance to justice as an independent criminal procedural function // All-Russian criminological journal. – 2021. – Vol. 15. – No. 6.
8. Mikhailov A. Institute of witnesses – the archaism of Russian criminal justice // Legitimacy. – 2003. – № 4.
9. Motovilovker Ya. O. Basic criminal procedural functions. – Yaroslavl, 1976.
10. Tarasov A. A. Models of justice: a set of typographic features and procedural details // Models of justice: a collection of scientific articles. Series: Law of Russia: new approaches. Issue 4. – Saratov: Scientific book, 2008.
11. Tomin V. T. On the contradictions between the right of citizens and society to information about criminal proceedings and the right to protect privacy // Legal technique and problems of differentiation of responsibility in criminal law and process: Sat. scientific Art. – Yaroslavl, 1999.
12. Chebotareva I. Yu. Criminal procedural function of control in the hierarchical system of other competing functions carried out by officials of state bodies in pre-trial proceedings: dis. … cand. legal Sciences. – Chelyabinsk, 2016.
13. Shirkin A. A. Mediation as a direction for the development of the institution of reconciliation in the criminal process of the Russian Federation: author. dis. … cand. legal Sciences. – Lyubertsy, 2015.
CRIMINAL PROCESS
MANSUROVA Nina Kamiljevna
magister student of the 2nd year of study of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of the Criminal procedure sub-faculty of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
PROBLEMS OF CONDUCTING A PRELIMINARY INVESTIGATION IN THE CONTEXT OF A PANDEMIC
In 2020, the whole world was covered by a pandemic caused by the spread of the SARS-CoV-2 coronavirus. An outbreak of the virus was first recorded in Wuhan, China, in December 2019. Restrictions have been imposed in Russia all year and this has affected all spheres of human life, including the legal side. The article is devoted to the peculiarities of the preliminary investigation during the pandemic. The author investigates the methods proposed in the scientific literature for resolvingatic issues, and also formulated the author’s proposals for the problem of improving the criminal procedure legislation in accordance with the requirements of the new objective reality.
Keywords: pandemic, investigative actions, procedural powers, videoconferencing, investigative actions, “remote” criminal proceedings.
Reference bibliographic list
1. Arkhipova E. A. The use of video conferencing in criminal proceedings in Russia and foreign countries: a comparative legal study: abstract of dis. … cand. legal Sciences. – M., 2013. – P. 30.
2. Vetrila E. V. Russian Criminal Proceedings in a Pandemic: Problems and Prospects // Eurasian Law Journal. – 2020. – No. 4 (143). – P. 348-350.
3. Latypov V.S. Is the Code of Criminal Procedure applicable in Russia in a pandemic? (In the context of the involvement and participation of persons providing assistance) // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (88). – P. 78.
4. Matinov S. G., Reshetov E. V., Matinova Z. G. Investigation and consideration of criminal cases in a pandemic // Science and education: economy and economy; entrepreneurship; law and management. – 2020. – No. 7 (122). – P. 107.
5. Rodivilina V. A. Procedural features of the use of technical means at the stage of preliminary investigation: Abstract of the thesis. … cand. legal Sciences. – Irkutsk, 2016. – P. 26.
6. Press release of the Federation Council of the Russian Federation: “A. Kutepov suggested giving investigators the right to interrogate victims and experts remotely.” “Official website of the Federation Council of the Russian Federation”. [Electronic resource]. – Access mode: https://council.gov.ru/events/news/120972 (date of access: 02.11.2022).
CRIMINAL PROCESS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute оf the Academy of the FPS of Russia
FEATURES OF THE TACTICS OF PREPARING MATERIALS FOR THE APPOINTMENT AND CONDUCT OF FORENSIC EXAMINATIONS DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS PROVIDING ISOLATION FROM SOCIETY
This article discusses the specifics of the tactics of appointment and conduct of forensic examination during the investigation of a crime related to illicit trafficking of narcotic drugs and psychotropic substances in a penitentiary institution of the Russian penal system. Specific tactical features (techniques and recommendations) for the preparation of objects and traces during the detection of narcotic drugs and psychotropic substances in correctional institutions are proposed, separate forensic examinations for this category of criminal cases are recommended.
Keywords: narcotic drug, psychotropic substance, illicit trafficking, peculiarity, forensic examination, penitentiary institution.
Reference bibliographic list
1. Bodyakov V. N., Kiselev A. V. Tactical and forensic support for the detection, fixation and seizure of narcotic drugs and psychotropic substances in pre-trial detention centers and correctional institutions: pract. allowance. – Vladimir: VUI FSIN of Russia, 2012. – 48 p.
CRIMINAL PROCESS
NOVOZHILOVA Oxana Sergeevna
postgraduate student of Criminal process law sub-faculty of the Russian State University of Justice (RSUP)
POSITION AND PROCEDURAL POWERS OF THE DEFENSE COUNSEL IN CASES OF WORK WITH MINORS
The author of the article gives an assessment of the legal position of the defense counsel in the criminal process, provided that it is a matter of protecting a minor. The article gives a brief description of the essence of such a situation, as well as some of its features. Among the issues raised in the study, the main one was the one that provides for the refusal of a defense counsel by a minor, provided that the lawyer does not properly fulfill the duties assigned to him. Moreover, the author, analyzing the logic of the legislator, tries to identify the main features that contribute to the correctness of such a refusal, and also raises the issue of legal standardization of the criminal law if such actions can lead to infringement of the rights of a minor. In support of the conclusions drawn, the author gives examples of the development of legislative logic, which is inherent in doctrinal ideas about the correctness of the legal regulation of the affected relations.
Keywords: lawyer, defender, minor, status, investigation, recusal.
Reference bibliographic list
1. Kuznetsova S. M. Organizational and legal aspects of the participation of lawyers in criminallegal proceedings and their role in reforming the criminal procedural legislation // Actual problems of science and practice: Collection of scientific papers based on the results of scientific and representative events, Khabarovsk, November 15, 2019 – November 27, 2020. Volume Issue 5. – Khabarovsk: Far Eastern Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 110-115.
2. Yumadilov BG Lawyer as a subject of human rights activities in the Russian Federation. Specialty 12.00.11 “Judicial activities, prosecutorial activities, human rights and law enforcement activities: a dissertation for the degree of candidate of legal sciences. 2022. – Moscow, 147 p.
3. The Criminal Code of the Russian Federation of 06/13/1996 No. 63-FZ (as amended on 12/29/2022) // Collection of Legislation of the Russian Federation. 06/17/1996. No. 25. Art. 2954.
4. Fomin D.S. On the issue of the relationship between the concepts of “judicial protection” and “judicial protection of minors” // StudNet. – 2022. – V. 5. No. 6. – S. 25-28.
5. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on December 29, 2022) (as amended and supplemented, effective from January 11, 2023) // Collected Legislation of the Russian Federation. 12/24/2001. No. 52 (part I). Art. 4921.
6. Advocacy in Russia: a textbook for universities / Ed. ed. V. I. Sergeev. 5th ed., revised. and additional – M.: Yustitsinform, 2019. 548 p.
7. Ulanov V. V., Misnik I. V. To the question of the legal status of a minor at the stages of criminal proceedings // Russian investigator. 2017. No. 23. P. 34-36.
8. Turanin V. Yu., Fedorova R. R. The role of a lawyer in criminal proceedings for minors // Problems of scientific thought. – 2022. – V. 7. No. 2. – P. 117-120.
9. Romanov E. A. Protection of the rights of minors by means of prosecutorial supervision // Actual problems of law, economics and management, Stavropol, December 02, 2019. – Stavropol: Publishing house “AGRUS”, 2019. – P. 605-614.
CRIMINAL PROCESS
TELIGISOVA Sofya Sarmanovna
Ph.D. in pedagogical sciences, associate professor of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TO THE QUESTION OF THE PROBLEMATIC ASPECTS OF THE INTERACTION OF THE INVESTIGATIVE BODIES WITH THE BODIES OF INQUIRY IN THE COURSE OF THE DISCLOSURE AND INVESTIGATION OF CRIMES
The article discusses the features of the interaction of the investigator with the body of inquiry during the investigation and disclosure of crimes, as well as ways to improve such interaction. The interaction of the investigator with the bodies of inquiry is an important stage in the work on solving crimes and, as a rule, this work is effective, bringing a satisfactory result, which makes it necessary to study the theoretical and practical issues of correctly determining the forms and principles of this interaction. In the modern world, it is necessary to constantly review the role and place of the investigator in the system of law enforcement structures, since the investigator must play a leading role in the process of solving crimes.
Keywords: investigative authorities, body of inquiry, disclosure and investigation of crimes, interaction, execution of orders, deadlines for execution, of practitioners, investigative practice.
Reference bibliographic list
1. Voropaev A. A. Some problems of improving the interaction of preliminary investigation bodies and bodies of inquiry in the investigation of crimes // Science and education: economy and economy; entrepreneurship; law and management. – 2013. – No. 2 (33). – P. 77-81.
2. Davletshina L. S. Problems of interaction between the investigator and the body of inquiry // Actual problems of combating crimes and other offenses. – 2014. – No. 14-1. – P. 98.
3. Plesneva L.P., Usachev A.A. Improving the legal basis for the interaction of the investigator with the bodies of inquiry during the production of the preliminary investigation // Siberian Criminal Procedure and Forensic Readings. – 2020. – No. 4 (30).
CRIMINAL PROCESS
KHABAROVA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Institute of State and Law of the Tyumen State University
NIKOLAEVA Darya Yurjevna
magister student of the Institute of State and Law of the Tyumen State University
PROCEDURAL ASPECT OF PRESENTATION FOR IDENTIFICATION IN CRIMES OF CORRUPTION
The article analyzes the problems that arise in the process of exposing and investigating corruption crimes. Among the problems, the authors highlight: latency, a high level of counteraction to the suppression and disclosure of corruption-related crimes, inefficient productionn of investigative actions and registration of their results due to the assumption of procedural violations that can raise the question of the inadmissibility of evidence obtained in this way in court. The authors of the article analyzed the materials of judicial practice concerning crimes of corruption. As a result, the specifics of the objects presented for identification were revealed, including the characteristic types of objects among living persons presented for identification, as the most frequently used in the production of an investigative action in the framework of the investigation of crimes of this category. The main errors are identified, as a result of which the information obtained is not able to have evidentiary value, and ways to overcome them are proposed. The conclusion is made about the need to develop an institution for advanced training of law enforcement officers, the development of guidelines for the production of an investigative action, the specifics of presenting for identification in the framework of the investigation of crimes of corruption, which is most often associated with the presence of a specific object – an official with authority and leverage both law enforcement officers and persons involved in the investigation of a criminal case.
Keywords: investigative actions, presentation for identification, identification, interrogation, signs and features, procedural errors, anti-corruption, investigation of corruption crimes, officials.
Reference bibliographic list
1. Belokobylskaya O. I. The specifics of the production of individual investigative actions in the investigation of bribery // Tavrichesky scientific observer. 2015. No. 2-3. pp. 39-45.
2. Dulov A. V. Fundamentals of the investigation of crimes committed by officials. Minsk: Universitetskoe, 1985. 168 p.
3. Kuleshov R. V., Myasnikov A. P. Presentation for identification in the investigation of various categories of crimes in the field of extremist and terrorist activities. Izvestiya TulGU. Economic and legal sciences. 2021. No. 4. P. 29-36.
4. Samoshina Z. G., Krylov V. V. Presentation for identification at the preliminary investigation. Moscow: Leks Est, 2001. 260 p.
5. Cheburenkov A. A. Countering the investigation of bribery and the system of tactical and forensic measures to overcome it // Russian investigator. 2020. No. 8. P. 13-17.
CRIMINAL PROCESS
TAJIBOV Zeynuddin Ramazanovich
postgraduate student of the Peoples’ Friendship University of Russia
THE INSTITUTION OF INVOLVEMENT AS AN ACCUSED AND ITS FEATURES IN THE CRIMINAL PROCESS OF RUSSIA
This article examines the institution of bringing a person as an accused problem and its features in the criminal process of Russia. Controversial issues arising during the investigation of cases, the presentation of evidence are considered and proposals are put forward to eliminate them.
Keywords: criminal procedure science, the rights of the accused, the institution of involvement as an accused, sufficiency of evidence.
Reference bibliographic list
1. The Code of Criminal Procedure of the Russian Federation as amended on March 9, 2022 // Collection of Legislation of the Russian Federation of 2001 – No. 52. – Art. 4921.
2. Criminal process. Textbook / Ed. Bozheva V.P. 3 of. Correction and add. – M.: SPARK, 2002.
3. Kalinovsky K. B. Criminal process. Lecture notes // Criminal process. Website. K. Kalinovsky. [Electronic resource]. – Access mode: http://kalinovsky-k.narod.ru/p/lecture_notes/ (date of access: 04/07/2022).
4. Osmanov E. Z. On the grounds for bringing a person as an accused // Public Service and Personnel. – 2019. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-osnovaniyah-privlecheniya-litsa-v-kachestve-obvinyaemogo (date of access: 04/09/2022).
5. Cheltsov-Bebutov M. A. Essays on the history of the court and the criminal process in slave, feudal and bourgeois states. – M., 1957. – T. 1.
6. Determination of the Constitutional Court of the Russian Federation of April 22, 2010 No. 529-O-OOb refusing to accept the complaint of c. Golotina V.Yu. to the violation of his constitutional rights, Part 3, Art. 60 of the Criminal Code of the Russian Federation, part 1 of Art. 73, art. 252, paragraph 6, part 1, art. 299, paragraph 3 of Art. 320.7 Code of Criminal Procedure
CRIMINAL AND EXECUTIVE LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
ANANJEVA Ekaterina Olegovna
Ph.D. in law, associate professor of Civil law and process sub-faculty of the Institute of training of public servants of the Academy of FPS of Russia
PROBATION SERVICES -AS A MODEL OF EFFECTIVE ASSISTANCE TO PERSONS DEPRIVED OF LIBERTY IN SOCIAL RECOVERY
The article analyzes the norms of criminal and penal enforcement law of Russia, which are the basis not only for the execution of punishment against persons who have committed crimes, but also for the observance of the rights of this category of persons. The study points out the gaps in these provisions when they are applied to protect the violated rights of convicts. The authors analyze the new Federal Law “On Probation in the Russian Federation” and summarize the results of the positive complex impact of the norms of law enshrined in the law on the activities of relevant bodies and services in providing assistance to persons deprived of liberty in social rehabilitation.
Keywords: penal enforcement law, criminal legislation, probation, legal changes, deprivation of liberty.
Reference bibliographic list
1. Ananiev O. G., Kazantsev V. N., Kiyko N. V., Kuznetsov M. I. et al. Social work in correctional institutions. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2020. – 300 p.
2. Federal Law of February 6, 2023 No. 10-FZ “On Probation in the Russian Federation” // Rossiyskaya Gazeta. – [Electronic resource]. – Access mode: https://rg.ru/documents/2023/02/09/probacia.html (date of access: 1.03.2023).
CRIMINAL AND EXECUTIVE LAW
SOCHIVKO Olga Ivanovna
Ph.D. in science psychologicals, senior lecturer of Penitentiary psychology and penitentiary pedagogy sub-faculty of the Kuzbass Institute of the FPS of Russia, Novokuznetsk, lieutenant colonel of internal service
THE SPIRITUALITY OF CONVICTS IN PLACES OF IMPRISONMENT AS THE VALUE AND SUBJECT OF PENITENTIARY PSYCHOLOGY
The author indicates that spirituality became the subject of studying of many scientists, first of all, the issues of spirituality are directly related to the humanization of the process of execution of sentences, and especially against persons serving criminal sentences in the form of imprisonment. The author conducted a study of the spiritual sphere of male convicted men contained in the LIU-16 GUFSIN of Russia in the Kemerovo region-Kuzbass, aimed at studying the dynamics of aspects of spiritual and moral attitude to reality in connection with changes in the religion and churching of convicts. On the territory of the specified medical institution, the temple is operating in honor of St. Archangel Michael, who was built and consecrated in 1998. To date, the temple is regularly visited by convicts of the male. It is noted that while serving the sentences, the convicts are growing determination to change their lives after release. The author concludes that the transformation of the spiritual and moral content of some important relations of the personality of the convicts occurs in parallel with changes in the field of their religious spirituality: a more frequent appeal to reading the gospel, the desire to confess, visit the temple. The most serious changes are personal relations that are reflected in the main Christian commandments.
Keywords: convicts, spirituality, morality, clergyman, penitentiary psychology, criminal-executive system.
Reference bibliographic list
1. Sochivko D. V. On the construction of an Orthodox Church in a penal colony // Criminal justice: problems of theory and practice. – 2017. – No. 4. – P. 40-43.
2. Sochivko DV Existential psychodynamics. – M.: Ryazan, 2020. – 225 p.
3. Sochivko D. V. The increase in spirituality and religiosity of convicts in the process of serving their sentences // Criminal Executive Law. – 2016. – No. 1 (23). – P. 26-31.
4. Sochivko DV Psychodynamics of spirituality and religiosity of convicts of youth age // Applied Legal Psychology. – 2012. – № 4. – P. 116-126.
5. Sochivko D. V. Spiritually-oriented approach within the framework of Gestalt therapy: the formation of a conceptual apparatus // Moscow psychotherapeutic journal. – 2008. – No. 3 (58). – P. 19-35.
6. Sochivko D. V. Gender psychodynamics of spiritual and religious growth of convicts in places of deprivation of liberty // Criminal punishment in Russia and abroad: problems of appointment and execution (to the 10th anniversary of the adoption of the European penitentiary rules): a collection of materials of the Intern. scientific-practical. conf.: at 2 pm / under the total. ed. P. V. Golodova. – 2017. – S. 52-57.
7. Sochivko D. V., Polyanin N. A., Golysheva Yu. – 2012. – № 1. – P. 60-75.
8. Sochivko O. I. Provision of spiritual and moral assistance to convicts with mental illness // Penitentiary system and the Russian Orthodox Church, other religious associations traditional for Russia – interaction in spiritual and moralVital education of convicts: a collection of materials of the YI International Scientific and Practical Conference. – 2018. – S. 287-289.
CRIMINAL AND EXECUTIVE LAW
STRUGANOV Sergey Mikhaylovich
Ph.D. in pedagogical sciences, associate professor, professor of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
GALTSEV Sergey Alexandrovich
Ph.D. in science philosophicals, associate professor, professor of physical culture sub-faculty of the Irkutsk National Research Technical University
PANOV Evgeniy Valentinovich
Ph.D. in pedagogical sciences, associate professor, professor of Physical training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FILIMONOV Dmitriy Gennadjevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
MODERN PROBLEMS OF THE APPLICATION OF RESTRICTION OF FREEDOM AS ONE OF THE TYPES OF CRIMINAL PENALTIES IN RUSSIA
The article raises the topical issue of criminal law, which considers the increase in the effectiveness of punishments in the form of restrictions of freedom and their connection with various spheres of life of our modern society. This type of punishment is regulated by Article 53 of the Criminal Code of the Russian Federation and is relatively humane, since it can fully or partially solve a number of problems not only in the law enforcement system of the Russian Federation, but also in the life of modern society. Therefore, issues related to the restriction or deprivation of liberty of convicted persons are currently relevant and attract the close attention of the world community.
Keywords: criminal punishment, convict, restriction of liberty, deprivation of liberty, modern society, humanization, criminal law, probation, penal enforcement system, legal restrictions.
Reference bibliographic list
1. Barsuchenko S. A. Activities of the probation service as a way to reduce the level of recidivism // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2019. – No. 4. – P. 164-168.
2. Gabaraev A. Sh., Timofeeva T. N. Socio-psychological and legal aspects of the activities of probation services in foreign countries // Socio-political sciences. – 2020. – T. 10. – No. 1. – P. 90-95.
3. Gadzhieva M. G., Pirbudagova D. Sh. Restrictions on the rights and freedoms of a person and a citizen: the implementation of the principle of proportionality when restricting rights and freedoms // Eurasian Law Journal. – 2020. – No. 4 (143). – S. 202-204. – DOI 10.46320/2073-4506-2020-4-143-120-121.
4. Gorban DV Pre-trial probation as a stage of the process of re-socialization // Criminal Executive Law. – 2017. – T. 12. – No. 3. – S. 217-320.
5. Gorovoy VV, Gorovoy VV Remote supervision in the penitentiary system // Law and law. – 2018. – No. 9. – P. 104-107.
6. Kolbasova E. V. Legal regulation of the execution of punishment in the form of restriction of freedom: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2017. – 22 p.
7. Matveeva T. P., Berezhnaya T. V. Some issues of creating a probation service in Russia // Modern law. – 2019. – No. 5. – P. 101-105.
8. Olkhovik N. V. The effectiveness of the execution of criminal penalties not related to deprivation of liberty // All-Russian Journal of Criminology. – 2018. – T. 12. – No. 1. – S. 51-59.
9. Perfilyev A. A., Yusupov D. Kh. The system of probation in the resocialization of juvenile convicts // NOVAINFO.RU. – 2018. – V. 1. – No. 91. – P. 84-87.
10. Sokolov IV Restriction of freedom as a form of criminal punishment: monograph. – M.: Yurlitinform, 2013. – 223 p.
11. Harmae Yu. V. On the problems of introducing a probation service in the Russian Federation // Bulletin of the Buryat State University. – 2013. – № 2. – P. 187-189.
CRIMINALISTICS
ARDASHEV Roman Georgievich
Ph.D. in Law, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Siberian Law Institute of the MIA of Russia
EXAMINATION OF THE SKELETAL REMAINS OF A CORPSE AS A FACTOR IN ASSESSING HISTORICAL EVENTS
The article shows the problems of expert attribution of human remains having a long-term burial period. The author notes that one of the most urgent and difficult tasks of law enforcement agencies and forensic doctors is the forensic identification of unidentified corpses. Using the example of a specific exhumation in Russia (the Republic of Buryatia), the mechanism of the appearance of a historical “sensation” that does not have a proper justification is revealed. The psychological reasons that give rise to various anti-scientific “discoveries” are determinedd.
Keywords: forensic examinations, identification, exhumation, assessment of historical facts, anti-scientific “discoveries”.
Reference bibliographic list
1. Korshunov N. V. Diagnosis of prescription of death in the study of corpses in the stage of their putrefactive transformation: author. dis. … cand. honey. Sciences. – M., 2007. – 24 p.
2. Prikhodko A. N., Lavrukova O. S., Sidorova N. A., Popov V. L. Features of the microflora of bone remains and their use for forensic purposes // Zh. medical biol. research. – 2018. – V. 6. – No. 2. – S. 156-164.
3. Petrov V. P. Identification of the personality of a deceased person. Laboratory and special research methods in forensic medicine. – L., 1975. – S. 375-402.
4. Shikanov V.I. Problems of the use of special knowledge and scientific and technical innovations in criminal proceedings: Dis…dokt. legal Sciences. – M., 1980. – S. 281-310.
5. Abramov S. S. Algorithm for identification of a person by bone remains. – Astrakhan, 1995. – S. 23-24.
6. Vermel I. G. Questions of the theory of forensic medical opinion. – M., 1980. – S. 18-20.
7. Letter No. П10/1003/22 dated May 18, 2022. Personal archive of R. G. Ardashev.
8. Newspaper “Izvestia” – September 15, 1964
9. Petrov A., Kudryavtsev M. Are Neanderthals alive? // Science and religion. – 1964. – No. 11. – S. 67-68.
10. Lagovsky I. Captive of the Caucasus // Komsomolskaya Pravda. – 2006. – August 11.
11. Kleshchenko E. The mystery of the forest woman // Chemistry and life. – 2021. – No. 12. – P. 34-42.
12. Porshnev BF About the beginning of human history (problems of paleopsychology). – St. Petersburg, 2007. – P. 49.
CRIMINALISTICS
GAUZHAEVA Viktoriya Aleksandrovna
Ph.D. in Law, associate professor of Special and technical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
PROKOFJEVA Elena Vasiljevna
associate professor of Criminalistic technique sub-faculty of the Educational and Scientific Complex of Forensic Expertise of the Volgograd Academy of the MIA of Russia
SOME ASPECTS OF THE USE OF SPECIAL KNOWLEDGE IN THE FIELD OF FORENSIC MEDICINE IN THE FRAMEWORK OF A REPRESENTATIVE INVESTIGATION
In the article, the authors present their vision of the application of special knowledge in the field of forensic medicine, primarily in a procedural form; cover the issues of preparation, appointment and conduct of a forensic medical examination, the features of its production within the framework of a preliminary investigation.
The novelty of the article is seen in the author’s approach to presenting the available material, its generalization and systematization.
Keywords: forensic doctor, examination, special knowledge, forensic medical examination, expert.
Reference bibliographic list
1. Gauzhaeva V. A., Shamaev A. M. Features of fixing and packing objects found at the explosion site // Gaps in Russian legislation. – 2018. – No. 6. – P. 280-282.
2. Arslanova A. R., Kangezov M. R. Issues of improving the process of examining the scene and examining the corpse // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 301-302.
3. Kanokova L. Yu. Legal status of an expert and specialist in criminal proceedings // Theory and practice of social development. – 2015. – No. 10. – P. 105-107.
4. Borisova A. V., Staroseltseva Yu. M. The subject and content of the examination of a corpse as an independent type of forensic medical examination // Sustainable development of science and education. – 2019. – No. 5. – P. 187-190.
5. Akkaeva Kh. A. Actual issues of countering crimes against public health // Problems of Economics and Legal Practice. – 2021. – T. 17. – No. 2. – P. 269-272.
6. Kornilov A. R., Khristoforova E. I., Shmaeva T. A. Forensic medical examination as a special kind of legal examination // Legal Science. – 2020. – No. 11. – P. 68-74.
7. Criminal Code of the Russian Federation: fed. Law of June 13, 1996 No. 63-FZ (as amended on November 21, 2022) // Collection of Legislation of the Russian Federation. – 06/17/1996. – No. 25. – Art. 2954.
8. Code of Criminal Procedure of the Russian Federation: fed. Law No. 174-FZ of December 18, 2001 (as amended on April 1, 2019, as amended on December 5, 2022) // Collected Legislation of the Russian Federation. – 24.12.2001. – No. 52 (part I). – Art. 4921.
9. On the basics of protecting the health of citizens in the Russian Federation: Fed. Law of November 21, 2011 No. 323-FZ (as amended on February 19, 2022) // Collection of Legislation of the Russian Federation. – 28.11.2011. – No. 48. – Art. 6724.
10. On state forensic activities in the Russian Federation: Fed. Law No. 73-FZ of May 31, 2001 (as amended on July 1, 2021) // Rossiyskaya Gazeta. – No. 106. – 05.06.2001.
11. About transplantation of organs and (or) tissuesof a person: Law of the Russian Federation of December 22, 1992 No. 4180-1 (as amended on May 1, 2022) // Gazette of the SND and the Armed Forces of the Russian Federation. – 01/14/1993. – No. 2. – Art. 62.
12. On approval of the procedure for organizing and producing forensic medical examinations in state forensic institutions of the Russian Federation: Order of the Ministry of Health and Social Development of the Russian Federation dated May 12, 2010 No. 346n // Rossiyskaya Gazeta. – No. 186. – 20.08.2010.
CRIMINALISTICS
KAYRGALIYEV Daniyar Vulkairevich
Ph.D. in biological sciences, associate professor, expert at Expert Technologies and Product Certification LLC, Saratov
NIKONOVICH Sergey Leonidovich
Ph.D. in Law, associate professor, professor of the Russian State University of Tourism and Service
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
APPLICATION OF SPECIAL KNOWLEDGE IN CRIMINAL LEGAL PROCEEDINGS IN THE INVESTIGATION OF FALSE FAILS OF THE QUALITY OF CAR FUEL
The use of the knowledge of knowledgeable persons is an integral part of the judicial process. The article discusses aspects of the use of special knowledge in the investigation of crimes in the field of falsification of the quality of automotive fuel, the actions of participants in criminal proceedings when appointing and conducting research on these objects.
Keywords: special knowledge, criminal proceedings, quality falsifications, gasoline, motor fuel, preliminary study.
Bibliographic references:
1. Khrustalev V. N., Soklakova N. A. Forensic investigation of substances, materials and products: textbook. allowance. M.: Justice, 2020. 732 p.
CRIMINALISTICS
KELAREV Arkadiy Vyacheslavovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
MENSHIKOV Pavel Valentinovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great
THE USE OF A POLYGRAPH DURING PSYCHOPHYSIOLOGICAL EXAMINATION IN CRIMINAL PROCEEDINGS: RUSSIAN AND FOREIGN EXPERIENCE
The article studies the problems of the theory and practice of using a polygraph during psychophysiological examination in criminal proceedings. The experience of a number of foreign countries is studied: Germany, USA, Canada. The practice of using a polygraph in Russian criminal proceedings is being studied. The recommendations regarding the conduct of such a study and the use of its results are summarized. The possibility of replacing the polygraph with neuroimaging tools is being evaluated. Purpose: to analyze the prospects for recognizing the conclusion of a psychophysiological examination as admissible evidence in criminal cases. Methods: methods of analysis of scientific literature and judicial practice were used. Result: a number of measures are proposed to increase the evidentiary value of the polygraph. Conclusions: the author comes to the conclusion that the rejection of the results of polygraph research is based on the legal assessment of the polygraph as an infringement on human dignity and from a scientific and methodological point of view as a scientifically unprotected research method with a result of low reliability and a relatively high level of errors. The use of fMRI in the framework of psychophysiological examination faces the same scientific, legal and ethical problems as the use of a polygraph.
Keywords: polygraph, psychophysiological examination, neuroimaging, of fMRI, criminal proceedings, evidence.
Reference bibliographic list
1. Cassation decision of the Supreme Court of the Russian Federation in case No. 41-012-57 dated September 11, 2012 // Official website of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://vsrf.ru/stor_pdf.php?id=503746 (date of access: 01/12/2023).
2. Appellate ruling of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation dated August 6, 2019 No. 48-APU19-23. Official site of the Armed Forces of the Russian Federation. [Electronic resource]. – Access mode: https://vsrf.ru/ (date of access: 01/12/2023).
3. Melnikova A. S., Urmanova N. S., Shuvalov A. P., Martynenko O. V. Topical issues of using instrumental lie detection as a means of combating counteraction to the investigation of crimes // Law and Law. – 2019. – No. 5. -S. 145-149.
4. Dolgova K. V. The place of polygraphology in the system of scientific knowledge and further prospects for its development in law enforcementand activities // Vestnik VUiT. – 2018. -№ 3. – P. 104-113.
5. Alekseev L. G., Zhirnov S. I., Korochkin P. B. et al. Handbook of a polygraph examiner. – M .: “Pero”, 2015. -S. 136-190.
6. Smirnova S. A., Makushkin E. V., Asnis A. Ya., Vaske E. V., Dozortseva E. G., Safuanov F. S., Shishkov S. N., Shipshin S. S., Oshevsky D.S., Berdnikov D.V., Sekerazh T.N., Kalinina A.N. Information letter “On the illegality of determining the reliability of testimony by forensic examination” // Theory and practice of forensic examination. – 2016. – No. 3 (43). – P. 64-73.
7. Kamenskov M. Yu., Grubin D., Yakovchik A. Yu., Kuptsova D. M. International practice of using a polygraph against persons who have committed sexual crimes // Russian Psychiatric Journal. – 2020. – No. 2. – P. 80-91.
8. Von Prof. Dr. Sonke Florian Gerhold. Der Einsatz von Lügendetektorsoftware im Strafprozess – aufgrund des technischen Fortschritts in Zukunft doch rechtmäßig? // Zeitschrift für Internationale Strafrechtsdogmatik. – 2020. – No. 9. [Electronic resource]. – Access mode: https://d-nb.info/121767845X/34 (date of access: 01/12/2023).
9. Ushakov A.Yu. International experience in the use of the polygraph in the fight against crime // PPD. – 2015. – № 4. – C. 110-112.
10. Verwertbarkeit der Ergebnisse von Polygrafentests zugunsten des Beschuldigten // Psychiatrie Verlag. 2018. No. 36. P. 179-190. [Electronic resource]. – Access mode: https://polygraphenzentrum.de/wp-content/uploads/2020/04/urteil_polygraphentest_bautzen.pdf (Accessed 12.01.2023).
11. The Polygraph and Lie Detection. Washington, DC: The National Academies Press. -2003. [Electronic resource]. – Access mode: https://doi.org/10.17226/10420 (Accessed: 01/12/2023).
12. Zitulaeva D. A. Problems of evaluating the conclusion of a psychophysiological examination using a polygraph as evidence in a criminal case // Ensuring human rights and freedoms in criminal proceedings: organizational, procedural and forensic aspects: Materials of the Crimean Student Legal Forum, Simferopol, May 15, 2019 / Managing editors M. A. Mikhailov, T. V. Omelchenko. – Simferopol: Crimean Federal University. V. I. Vernadsky Taurida Academy, 2019. – P. 13-15.
13. Langleben, Daniel D et al. Polygraphy and Functional Magnetic Resonance Imaging in Lie Detection: A Controlled Blind Comparison Using the Concealed Information Test // The Journal of clinical psychiatry. – 2016. – Vol. 77(10). – R. 1372-1380. DOI:10.4088/JCP.15m09785
14. Abravitova Yu. I., Lipsky N. A., Khairusov D. S. Ecological expertise in the system of measures to ensure environmental safety // Eurasian legal journal. – 2022. – No. 9 (172). – P. 262-264.
CRIMINALISTICS
STANOVAYA Olga Vladimirovna
lecturer of Criminalistics sub-faculty of the Educational and Scientific Complex on Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
FORENSIC INVESTIGATION OF SHOE SOLE MARKS FORMED ON UNEVEN SURFACES WITH A FABRIC, SOFT BACKING
An analysis of expert practice shows that during inspections of incident sites, traces of the soles of shoes are often removed, found on various uneven surfaces with a soft fabric backing, such as: a chair seat, a sofa, a door, etc., on which trace examinations are subsequently assigned .
When working with these traces, both at inspection sites of incidents and during the production of examinations, there are often difficulties associated with their detection, fixation and removal, as well as the possibility of displaying and evaluating the mechanism for the formation of general and particular signs of the sole, which can lead to either partial loss signs in the trail, or to an incorrect conclusion about the identification, group belonging of the shoe.
The article considers an expert experiment with a shoe mark left on a soft chair seat. Based on the results of the experiment, the possibilities of displaying and evaluating the mechanism for the formation of general and particular signs of the sole were analyzed, and some practical recommendations were given for working with such traces.
Keywords: footprint of the sole of the shoe, fabric soft backing, general and particular features of the sole of the shoe, expert experiment.
CRIMINALISTICS
SHAGIEVA Gulnara Rifovna
senior lecturer of Police training sub-faculty of the Ufa Law Institute of the MIA of Russia
YUSUPOVA Svetlana Invirovna
lecturerof the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
THE CONCEPT OF INSULT IN THE LINGUOCRIMINALISTIC ASPECT
The article examines the concept of “insults” in the linguistic aspect, defines the grounds for the appointment of linguistic expertise, the author highlights the elements of linguistic expertise of offensive texts and defines the features of insults in linguistics.
Keywords: insult, humiliation, indecent form, linguistic expertise, expert linguist, legal basis.
Reference bibliographic list
1. The decision of the Buguruslan district court of the Orenburg region of August 09, 2017 [Electronic resource]. – Access mode: https://arbitr.garant.ru (date of access: 01/17/2023).
2. Decision of the Oryol Regional Court dated December 03, 2019 in case No. 3a-119/2019. [Electronic resource]. – Access mode: http://arbitr.garant.ru (date of access: 01/17/2023).
3. Kusov G. V. Insult as an illocutionary linguocultural concept. [Electronic resource]. – Access mode: https://dlib.rsl.ru (date of access: 01/17/2023).
CRIMINALISTICS
KHUSAINOV Ramil Ravilovich
Ph.D. in Law, associate professor, associate professor of Operational investigative activities of internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
DAYANOV Irik Sayfuranovich
Ph.D. in Law, associate professor, associate professor of Computer engineering and information security sub-faculty of the Ufa State Aviation Technical University
CORRELATION OF INVESTIGATIVE ACTION – CONTROL AND RECORDING OF TELEPHONE TALKS AND OPERATIONAL-SEARCH ACTIVITIES – EAVESDROPPING OF TELEPHONE CONVERSATIONS
The article provides a brief analysis of the investigative action – control and recording of telephone conversations, as well as the operational-search activity – wiretapping of telephone conversations. The concept, legal basis, procedure for their implementation and registration of the results are outlined. The general and distinctive properties of the considered investigative actions and operational-search measures are singled out and analyzed.
Keywords: investigative action, operational-search activity, telephone conversations, information, operational information.
Reference bibliographic list
1. Bozhev V. P. Criminal process: a textbook for universities. M.: Yurait Publishing House, 2022. 568 p. – (Higher education). – Text: electronic // Educational platform Urayt [website]. P. 278. – [Electronic resource]. – Access mode: https://urait.ru/bcode/488568/p.16 (date of access: 02/08/2023).
2. Theory of operational-search activity: Textbook. 3rd ed., revised. and additional / Ed. K. K. Goryainov, V. S. Ovchinsky, G. K. Sinilov. M.: INFRA-M, 2014.
CRIMINALISTICS
CHERNETS Olga Igorevna
senior inspector of the Control and Investigation Department of the Investigation Department of the Investigative Committee of the Russian Federation for the Ivanovo Region
TO THE QUESTION OF METHODS OF DETECTING TRACES OF BIOLOGICAL ORIGIN IN THE INVESTIGATION OF CRIMES AGAINST THE PERSON
In the article, the author considers various methods for detecting traces of biological origin in the investigation of crimes against a person. The main attention is paid to the consideration of such methods of detection as visual (and optical), physical and chemical.
Keywords: biological traces, inspection of the scene, micro-objects, detection, fixation, seizure, technical and forensic means, examination, physical evidence.
Reference bibliographic list
1. Vinogradov I. V., Gureev A. S. Laboratory research in the practice of forensic medical examination. – M., 1966. – S. 101-111.
2. Ishchenko E. P., Toporkov A. A. Criminalistics: textbook / Ed. E. P. Ishchenko. 2nd ed., corrected, supplemented. and reworked. – M.: CONTRACT; INFRA-M, 2010. – 781 p.
3. Forensic technology: textbook. / Ed. Yu. N. Baranova, T. V. Popova. – Chelyabinsk: CHUI of the Ministry of Internal Affairs of Russia, 2009. – 663 p.
4. Inspection of the scene: Uch. allowance / Ed. V. F. Statkus. – M: ECC of the Ministry of Internal Affairs of the Russian Federation, 1995.
5. Smyslov V. I. Inspection of the scene. Tutorial. – M.: VYUZI, 1980.
6. Firsov O. A., Volkov A. S. Features of detection and seizure of traces of biological origin in the detection and investigation of crimes // Industry: economics, management, technologies. – 2013. – No. 5 (49). – P. 165-167.
7. Shamonova T. N. A corpse was found in a noose. Police. No. 1. – M., 1993. – S. 30-32.
8. Shamonova T. N. Useanalysis of traces of biological origin left by a person in the investigation of crimes of a violent nature. Dis. … cand. legal Sciences. – M., 2002. – 268 p.
9. Shamonova T. N., Groshenkova O. A. Guarantees of observance of the rights of the individual in the study of odor mappings / Sat. materials of the international scientific-practical conference (X-1998). 4.2. – Saratov: SGAP, 1999. – P. 140-141.
CRIMINALISTICS
KELAREV Arkadiy Vyacheslavovich
assistant of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great. Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
KELAREVA Alena Arkadjevna
Full member of the Yu. G. Korukhov Chamber of Judicial Experts (SUDEX)
DIFFERENTIATION OF THE STATUS OF “VICTIM” AND “VICTIM” AT THE STAGE OF PRE-TRIAL INSPECTION ON THE FACT OF A TRAFFIC ACCIDENT
In modern realities, the competitiveness and equality of the parties plays a key role in the implementation of legal proceedings. The problems of granting the victim the status of “victim” are considered. It is proposed to exclude from the Criminal Procedure Code of the Russian Federation the provisions concerning the conduct of pre-investigation checks in respect of persons who have suffered serious bodily injuries or in cases of death of a person.
Keywords: victim, traffic accident, pre-trial proceedings, road user, pedestrian, driver, competitiveness, equality of the parties.
Reference bibliographic list
1. Decree of the Government of the Russian Federation of October 23, 1993 No. 1090 (as amended on December 31, 2020) “On the Rules of the Road” (together with the “Basic Provisions for the Admission of Vehicles for Operation and the Obligations of Officials to Ensure Road Safety”) (with changes and additions, effective from 01.01.2022).
2. Decree of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25 (as amended on May 24, 2016) “On judicial practice in cases of crimes related to violation of traffic rules and the operation of vehicles, as well as their unlawful possession without the purpose of theft “.
3. Determination of the Constitutional Court of the Russian Federation of September 25, 2014 No. 2260-O “On the refusal to accept for consideration the complaint of citizen Komarov Vladimir Alekseevich about the violation of his constitutional rights by the provisions of paragraphs 4.1, 4.3 and 16.1 of the Rules of the Road of the Russian Federation”.
4. Federal Law No. 196-FZ of December 10, 1995 (as amended on November 29, 2021, as amended on October 27, 2022) “On Road Traffic Safety”.
5. Code of Criminal Procedure of the Russian Federation No. 174-FZ dated December 18, 2001 (as amended on December 29, 2022) (as amended and supplemented, effective from January 11, 2023).
6. 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)
7. Resolutions of the Constitutional Court of the Russian Federation of July 14, 2011 No. 16-P, of November 19, 2013 No. 24-P and of November 8, 2016 No. 22-P; definitions No. 1338-O of May 28, 2020, No. 1887-O and No. 1902-O of July 23, 2020, No. 1938-O of September 24, 2020, etc.
8. Judgment of the ECtHR dated 24.07.2008 “Case “Vladimir Romanov v. Russian Federation” (complaint no. 41461/02). The case complained about the unfair nature of the trial and torture in the pre-trial detention center. The case violated Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
CRIMINALISTICS
ISAEV Aliabas Ibragimovich
master of laws, postgraduate student of Criminalistics sub-faculty of the M. V. Lomonosov Moscow State University
PECULIARITIES OF INTERROGATION OF A SUSPECT IN CASES OF ALCOHOLIC PRODUCTS AND (OR) TOBACCO PRODUCTS SMUGGLING
Of particular importance for the investigation of the smuggling of alcoholic beverages and (or) tobacco products, provided for in Article 200.2 of the Criminal Code of the Russian Federation, is such an investigative action as the interrogation of a person suspected of committing a crime. It is during the interrogation that it is possible to obtain the greatest amount of information relevant to the investigation, data on the persons who committed the crime and certain aspects of the act itself. The article discusses the peculiarities of conducting such an interrogation, reveals the specifics of the situations that develop during it, depending on the position of the suspect. On the basis of the studied forensic investigation materials, statistical data are provided on the categories of situations under consideration that develop during interrogation, as well as on the issue of refusing to provide information about other persons involved in the commission of the typeof smuggling in question.
Keywords: smuggling, smuggling of tobacco products, smuggling of alcoholic products, interrogation, features of interrogation, interrogation of a suspect.
Reference bibliographic list
1. Torbin Yu. G. The doctrine of the traces of a crime in the works of forensic scientists and proceduralists of the XIX and XX centuries // Military Law. – 2017. – No. 1 (41). – P. 379-391.
2. Komissarova Ya. V. The concept and classification of traces in criminalistics // Bulletin of the University named after O. E. Kutafin (MGYuA). – 2019. – No. 3 (55). – P. 131-141.
3. Criminalistics: a textbook for universities. Under. Ed. R. S. Belkina. – M.: Norma, 2000. – S. 624.
4. Kolmakov P. A. Tactics of interrogation in a conflict situation / P. A. Kolmakov, K. V. Koshkina // Jurisprudence in theory and practice: topical issues and modern aspects. Collection of articles of the International Scientific and Practical Conference, Penza, September 05, 2019. – Penza: “Science and Education” (IP Gulyaev G.Yu.), 2019. – P. 79-82.
5. Zakatov A. A., Zamylin E. I. Knowingly unreliable information in the course of the investigation and the problems of combating it // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2012. – No. 1 (20). – P. 103-110.
6. Malyanova K. P. Tactics for detecting false testimony during interrogation // Criminalistics: yesterday, today, tomorrow. – 2020. – No. 4 (16). – S. 60-66.
7. Lozovsky D. N., Rudenko A. V. Features of interrogation tactics when exposing a lie // Modern problems of domestic criminology and prospects for its development: Collection of scientific articles based on the materials of the All-Russian Scientific and Practical Conference (with international participation), 2019. – pp. 182-187.
8. Stepanenko D. A. Psychological impact in criminal proceedings: the concept and criteria of admissibility // Russian investigator. – 2014. – No. 9. – P. 52-58.
CRIMINALISTICS
SHITOV Kirill Eduardovich
adjunct of Management of crime investigation bodies sub-faculty of the Academy of Management of the MIA of Russia
OBJECTS OF CRIMINALISTICS ACCOUNTING
The article deals with the problems associated with the definition of objects of criminalistics accounting. The author gives the concept of the object of criminalistics accounting through its relationship with forensically significant information and through the relationship with the object of the information system of criminalistics accounting. The author in the course of the study comes to the conclusion that all objects of criminalistics accounting can be divided into three categories – “persons”, “events” and “items”, within which, for various reasons, classification constructions can be created.
Keywords: accounting, objects, information and analytical support, forensic accounting, forensically significant information, crimes, persons, events, traces, item.
Reference bibliographic list
1. Great Soviet encyclopedia. — M.: Soviet encyclopedia, 1969-1978.
2. Shitov K. E. Analysis and forecasting based on forensic accounting data as part of the digital transformation of information support for the activities of internal affairs bodies // Academic Thought. – 2022. – No. 4 (21). – P. 292-295.
3. Yalyshev S. A. Forensic registration: problems, trends, prospects: dis. … Doctor of Law: 12.00.09 / Academy of Management of the Ministry of Internal Affairs of the Russian Federation. – Moscow, 1999. – 321 p.
4. DAMA-DMBOK: Data management body of knowledge. Second Edition / Dama International [trans. from English. G. Agafonova]. – Moscow: Olymp-Business, 2020. – 828 p.
5. Criminalistics: in 3 volumes I, ed. R. S. Belkina. V. G. Kolomatsky. I. M. Luzgin. M.: Academy of the Ministry of Internal Affairs of Russia. 1995. Vol. 1: History, general and particular theories. P. 280.
6. Vladimirov V. Yu., Zhidkov D. N., Shitov K. E. Ensuring the functional unity of forensically significant information as a means of improving the efficiency of law enforcement // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 4 (64). – S. 124-131.
CRIMINOLOGY
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
ANANJEVA Zhanna Nikolaevna
student of the 4th course of the full-time student of the Psychology Department of the Institute of Training of State and Municipal Employees of the Academy of the FPS of Russia
CRIMINOLOGICAL CHARACTERISTICS OF FACTORS CONTRIBUTING TO THE COMMISSION OF CRIMES IN TRANSPORT
The article analyzes the criminological characteristics of drivers’ behavior during road traffic, considers the factors contributing to the creation of situations during the movement of vehicles, which may be significant in the occurrence of road accidents based on statistics obtained from official sources and confirmed by the Ministry of Internal Affairs of the Ryazan region, as well as a survey of respondents who are road users. The description of possible causes of situations related to the behavior of drivers who violate traffic rules on the road is given.
Keywords: administrative legislation, criminal legislation, criminological characteristics, motor vehicle, traffic accident.
Reference bibliographic list
1. Rules of the road. – [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/ (accessed 12/1/2022)
2. From the history of traffic rules. – [Electronic resource]. – Access mode: https://gibbrdbryansk.rf/istoriya-gai-gibdd/2341-iz-istorii-pravil-dorozhnogo-dvizheniya (accessed 1.12.2022).
3. Annual traffic accident statistics 2021: who wins. – [Electronic resource]. – Access mode: https://autotraction.rf/blog/articles/godovaya-statistika-dtp-2021-kto-kogo/ (accessed 1.12.2022)
4. Ryazan region in the ranking of regions in terms of road accidents for 2020. – [Electronic resource]. – Access mode: https://rzn-mk-ru.turbopages.org/turbo/rzn.mk.ru/s/social/2020/11/11/ryazanskaya-oblast-zanyala-53e-mesto-v-reytinge- regionsov-po-avariynosti-na-dorogakh.html. (accessed 1.12.2022)
5. Ryazan region in the ranking of regions for road accidents for 2021. – [Electronic resource]. – Access mode: https://rzn-mk-ru.turbopages.org/turbo/rzn.mk.ru/s/social/2022/05/17/za-god-v-ryazanskoy-oblasti-v-dtp- pogibli-164-cheloveka.html. (accessed 1.12.2022)
6. Without a steering wheel in the head: the top bloggers – violators of traffic rules were headed by Eric Davidich. Articles. News. – [Electronic resource]. – Access mode: https://iz.ru/1151581/elena-balaian/bez-rulia-v-golove-top-blogerov-narushitelei-pdd-vozglavil-erik-davidych (accessed 1.12.2022)
CRIMINOLOGY
TOKAREVA Elena Vasilyevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ULYBINA Olesya Viktorovna
Ph.D. in science psychologicals, associate professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa University of Science and Technology
KHAKHALKINA Ulyana Viktorovna
Ph.D. in science psychologicals, associate professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa University of Science and Technology
CORRELATION BETWEEN JUVENILE DELINQUENCY AND LEVEL OF EDUCATION
In this article, the author explores the relationship between the academic success of a minor with the possibility of deviant and criminal behavior. Based on Russian and foreign studies, the author comes to the conclusion that a direct relationship between these indicators has not been empirically established, however, when considering additional socio-economic determinants, as well as a combination of other factors, one can conclude that education is important in preventing juvenile delinquency.
Within the framework of preventive anti-criminal efforts, programs of early intervention by pedagogical workers, psychologists, and PDN employees are called, especially before the child reaches 15 years of age. At the same time, an important task of state bodies and educational organizations is to create the interest of young people in obtaining a quality education, as well as to introduce a high-quality system for assessing the level of theoretical and practical skills mastered by schoolchildren (similar to the studies of the Higher School of Economics and PISA).
Keywords: minors, criminology, criminal behavior, social and economic problems, the level of education.
Reference bibliographic list
1. Kosaretsky S. G., Mertsalova T. A., Senina N. A. Possibilities of Russian schools to support and develop children with learning difficulties: information bulletin / Nat. research University “Higher School of Economics”. – M.: NRU HSE, 2022. – 50 p.
2. Krasnova O. V. Problems of improving the quality of education in educational institutions of the penitentiary system // Scientific research in education. – 2007.
3. Sitarov V. A. The main factors for achieving academic success of students // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 263-266.
LAW ENFORCEMENT
BABIN Alexander Vladimirovich
associate professor of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
KHABAROV Dmitriy Valentinovich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
SAPUNOV Alexey Sergeevich
senior lecturer of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
DOMESTIC AND FOREIGN APPROACHES TO THE FORMATION OF PROFESSIONAL PHYSICAL TRAINING OF LAW ENFORCEMENT OFFICERS ON THE EXAMPLE OF RUSSIAN AND FOREIGN STATES
This article is dedicated to the problem of the development of physical qualities, skills and abilities of police officers of foreign countries. As part of the scientific research, a comprehensive analysis of the implementation of physical fitness in the United States was carried out. The fundamental requirements and criteria for assessing the general physical fitness of law enforcement agencies are considered. A comparative analysis of the implementation of the training process in the system of the Ministry of Internal Affairs of Russia and foreign countries is carried out.
Keywords: police officer, physical training, physical qualities, fighting techniques, USA, foreign experience.
Reference bibliographic list
1. Stepanov G. I., Babin A. V., Zinnatov R. R. Actual problems in the formation of professional skills in the performance of combat fighting techniques among employees of internal affairs departments // Eurasian Legal Journal. – 2021. – No. 2 (153). – S. 373-374. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=45559080 (date of access: 01/16/2023).
2. Osipov A., Zhavner T., Batunova I. et al. Ratings of achievements in physical culture and sports as a significant factor in increasing the level of physical activity of students and university staff // Journal of physical education and sports. – 2018. – No. 2. [Electronic resource]. – Access mode: http://elib.sfu-kras.ru/handle/2311/111177 (date of access: 01/16/2023).
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: 01/16/2023).
LAW ENFORCEMENT
GOLYANDIN Nikolay Petrovich
Ph.D. in Law, professor of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SHERIEV Alberd Malilevich
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, police lieutenant colonel
HISTORICAL ASPECTS OF THE FORMATION AND DEVELOPMENT OF PROFESSIONAL POLICE EDUCATION IN THE RUSSIAN EMPIRE
The article provides a chronology of historical events related to the formation and development of professional police education in Russia. Using archival materials, the authors conducted a study from the moment the first police schools appeared from 1648 to the February bourgeois revolution of 1917. In the course of the study, the authors rightly note that any state, represented by its representative bodies, can perform its functions in a quality and timely manner if there are highly qualified specialists with good professional knowledge. This is the key to the success of government and activities to ensure security and law and order in the country.
Keywords: educational institution, training, professional level, personnel training, college, governor, mayor, police chief, constable, reform.
Reference bibliographic list
1. Annenkova E. A. Imperial School of Law. – Rostock, 2006. – 383 p.
2. State archive of the Russian Federation. – F. 102. 2nd file. 1911. – Op. 68. – D. 10. – Ch. 90. – L. b/n.
3. State archive of the Russian Federation. – F. 102. 2nd file. 1911. – Op. 68. – D. 10. – Ch. 90A. – L. 21–27.
4. State Archive of the Russian Federation. – F. 102. 2nd file. 1882. – Op. 317. – D. 547. – Part 2. – L. 61-69.
5. State public historical library. The Most Submissive Report on the Activities of the St. Petersburg City Police for 1867. – St. Petersburg, 1868. – S. 11-13. – [Electronic resource]. – Access mode: http://elib.shpl.ru/ru/nodes/88762-za-1867-god-1868.
6. Imperial Alexander Lyceum // Journal of the Ministry of Internal Affairs. – Ch. XXVI. – St. Petersburg, 1849. – S. 5.
7. Slavic-Greek-Latin Academy. – [Electronic resource]. – Access mode: http://www.mir-slovo.ru/text/11767.html /text/11767.html.
8. Nakhimov A. P., Kirnos A. V., Kolesnikov V. A. Characteristic features of the formation and development of professional training of the lower ranks of the county police in the Russian Empire at the end of the 19th – beginning of the 20th century // Scientific portal of the Ministry of Internal Affairs Rosthese. – 2020. – No. 1 (49). – P. 8-19.
9. Decree of Emperor Alexander I of August 6, 1809 “On the rules for promotion to ranks in the civil service and on tests in the sciences for promotion to collegiate assessors and state councilors” // Complete collection of laws of the Russian Empire. – Volume 30. – No. 23.771.
10. Decree of Empress Elizabeth Petrovna of January 24, 1755 “On the establishment of Moscow University and two gymnasiums” // Complete collection of laws of the Russian Empire. – Volume 14. – No. 10.346.
11. Charter of the Tsarskoye Selo Lyceum. State Historical Archive. – F. 733. – Op. 226. – D. 307. – L. 36.
12. Shpilevsky S. M. Centenary of the Demidov School. Demidov School of Higher Sciences. Demidov Lyceum. Demidov juridical lyceum. 1803-1903. – Yaroslavl: Type. lips. rule, 1903. – 32 p. – [Electronic resource]. – Access mode: http://dlib.rsl.ru.
LAW ENFORCEMENT
DAMINOV Ainur Aidarovich
senior lecturer of Fire and tactical-special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHOKHIN Vladimir Evgenjevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
THE PSYCHOLOGICAL ASPECT OF THE USE OF FIREARMS
Fire training is not just the ability to shoot quickly and accurately, but combines a set of educational, psychological and regulatory studies that allow you to determine the ATS, to be as prepared as possible for solving operational problems. The use of firearms by a police officer is the most radical means of protecting their activities, and the performance of the function is always entrusted to the internal affairs bodies.
Keywords: fire training, service in the police department, psychological characteristics, shooting training.
Reference bibliographic list
1. Domracheva E. Yu., Ilyakhina O. Yu., Pozdnyakov A. P. The problem of training police officers in the skills of handling weapons. Belgorod, 10.11.2015. – S. 262.
2. P. A. Kadutsky, A. V. Popov, and A. S. Nerubenko, Russ. Shooting sports in the system of fire training for employees of law enforcement agencies In the collection. – Irkutsk, 2015. – P. 192.
LAW ENFORCEMENT
KARCHEMKINA Olga Andreevna
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
KHATUAEV Marat Otarovich
senior lecturer of Administrative activity of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia
INFORMATION REPORTING SYSTEMS IN INTERNAL AFFAIRS BODIES
In order to have a complete picture of the level of crime, the activities of law enforcement agencies, the measures taken to combat crime, the effectiveness of the state concept for combating crime, a detailed analysis of registered crimes is necessary. The reporting system in the internal affairs bodies is unique in its characteristics and content, since such statistical information is characterized by features of detail, depth and volume.
Keywords: reporting, reporting system, information, information centers, crime records.
Reference bibliographic list
1. Maslennikova L. N., Sobenin A. A. Registration of a crime report and the beginning of an investigation in a new digital reality // Russian investigator. – 2019. – No. 6. – P. 12-15.
2. Rakhmatullin A. F. Modernization of approaches to assessing the activities of modern internal affairs bodies // Bulletin of the Perm University. Legal Sciences. – 2015. – No. 1 (27). – P. 25-28.
3. Fedotov A. V. Improving the quality of information support for the activities of internal affairs bodies // Academic thought. – 2019. – No. 2 (7). – P. 62-66.
LAW ENFORCEMENT
KOZLOV Evgeniy Mikhaylovich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
NIKIFOROV Pavel Vasiljevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia
PRINCIPLES OF FORMATION OF PSYCHOLOGICAL RESISTANCE IN THE PROCESS OF FIRE TRAINING
This article reveals the features of the formation of psychological stability of cadets, as part of training in fire training classes. AChieving positive results in shooting classes is possible only with an understanding of all the principles of psychological resistance, as well as the formation of moral and volitional qualities to perform the tasks.
Keywords: fire training, psychological stability, cadets, shooting training, psychological training of the shooter.
Reference bibliographic list
1. Medvedev A. V., Vetrova Yu. V., Myasishcheva Yu. V. Psychological training of a cadet shooter // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P.83-85.
2. Muzafin R. R., Nikiforov P. V., Shipov O. V. Stress management in shooting training // Eurasian Law Journal. – 2022. – No. 1 (164). – S. 463-464. – EDN LPLUJC.
3. Kolesnikov A.S. Psychological preparation of the shooter // Young scientist. – 2019. – No. 23 (261). – S. 367-371. – [Electronic resource]. – Access mode: https://moluch.ru/archive/261/60184/ (date of access: 08.10.2022).
4. Solonitskaya E. V., Mitrakova E. N. Psychological aspects of the prelaunch state of the shooter: problems and solutions // Yurist – Pravoved. – 2015. – No. 2. – P. 34–38.
5. Taran A. N., Taran K. A., Maseychuk Yu. M. Readiness of police officers for self-defense in stressful situations // Eurasian Law Journal. – 2022. – No. 1 (164). – S. 428-429. – EDN DOQKZB.
6. Danshin A. S., Gushchin D. N., Taran K. A. Factors influencing the process of formation of motivation for learning in educational institutions of the secondary professional and higher levels // Problems of modern pedagogical education. – 2022. – No. 75-2. – S. 99-101. – EDN RUBLDQ.
LAW ENFORCEMENT
LAVRICHENKO Ruslan Konstantinovich
Ph.D. in pedagogical sciences, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
ERIN Konstantin Andreevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BORISOVA Natalya Ivanovna
lecturer of Criminalistics sub-faculty of the Omsk Academy of the MIA of Russia
THE ROLE OF INCREASING THE EFFECTIVENESS OF PHYSICAL FITNESS AS ONE OF THE ELEMENTS OF PROFESSIONAL TRAINING OF LAW ENFORCEMENT OFFICERS FOR ACTIONS TO FORCIBLY SUPPRESS OFFENDERS
The presented research is devoted to the problem of increasing the effectiveness of physical training for actions to forcibly suppress criminal behavior. The analysis of the essence and content of physical training, conditioned in accordance with the regulatory framework by the tasks of service-applied physical training, is carried out. In addition, the authors have made attempts to substantiate the actual method of professional development, developed on the basis of the complexity of physical, fire and tactical-special training. And also one of the actual methodological techniques of the organization of the learning process in educational institutions of the Ministry of Internal Affairs of Russia is presented.
Keywords: law enforcement agencies, police officer, professional training, physical, fire and tactical-special preparedness, forceful suppression, recommendation methodical technique.
Reference bibliographic list
1. Budanov A. V. Education of law enforcement officers in tactics and methods of ensuring personal security: a training manual. – Moscow: MC at the GUK of the Ministry of Internal Affairs of Russia, 1997.
2. 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). – P. 473-475.
3. Morev D. G. Methods of training cadets of educational institutions of the Ministry of Internal Affairs of Russia in conditions of limited space: author. dis. … cand. ped. Sciences. – Moscow, 2001.
LAW ENFORCEMENT
MAGOMEDALIEV Maruf Magomedalievich
Deputy Head of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
GLUKHOV Vitaliy Gennadjevich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
SHIPOV Oleg Viktorovich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Urals, Tyumen
ON ENSURING THE PERSONAL SAFETY OF LAW ENFORCEMENT OFFICERS IN THE PERFORMANCE OF OFFICIAL DUTIES
Ensuring the personal safety of a police officer in the performance of official duties is a central problem in the activities of law agencies enforcement. This is due to the fact that often civil servants, performing their official duties, put their lives in danger, entailing the onset of adverse consequences. In view of this, the necessity of the presented research is determined by the definition of the role and importance of ensuring the personal safety of a police officer, in order to identify areas of development and improvement of activities to ensure the protection and protection of the legitimate interests of law enforcement agencies. In this article, the authors have attempted to determine the essence and content of the personal security of a police officer. The conditions and reasons for the commission of illegal acts against civil servants performing tasks to ensure public order and public safety are determined. The most essential rules of conduct regulated by the Federal Law “On the Police” are also conditioned, allowing not only to counteract illegal activities of citizens, but also to directly protect the lives of police officers.
Keywords: law enforcement agencies, police officer, official duties, encroachment on life and health, ensuring personal safety, use of firearms.
Reference bibliographic list
1. Litvin D. V., Akhmetov R. S., Kuznetsov A. I. Formation of professional competencies of police officers in the field of the use of physical force, special means and firearms in the process of vocational training (initial training): structure, content, stages: teaching aid. – Krasnodar: Federal State Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2016. – 96 p. – ISBN 978-5-9266-1177-6. – EDN ZMSBLR.
2. Petrakova L. V., Gaag I. A. Problems of legal regulation of the use of firearms by police officers // Bulletin of the Kemerovo State University. – 2014. – No. 4-3 (60). – S. 298-303. – EDN TELOAL.
3. Podoima L. Yu., Tsvetov S. V. Problems of regulation of the safe handling of police officers with firearms // Problems of law enforcement. – 2015. – No. 3. – S. 59-61. – EDN UJEKRT.
4. The second knife attack on the police took place in the south of Moscow. [Electronic resource]. – Access mode: https://www.interfax.ru/amp/697612 (date of access: 31.01.2023)
LAW ENFORCEMENT
MALIKOV Shamil Emilevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE ISSUE OF STAFFING OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The problem of staffing is an urgent issue in all spheres of life. It is the number of qualified specialists that determines the quality, speed, and efficiency of solving incoming tasks. The Ministry of Internal Affairs of Russia is no exception, striving to preserve and increase the number of qualified specialists engaged in combating crime. Within the framework of the scientific article, the author’s vision of using the tools of pension provision as an opportunity to retain qualified personnel from work experience in the ranks of the Ministry of Internal Affairs of Russia is given.
Keywords: internal affairs bodies, pension provision, human and civil rights and freedoms, social guarantees, qualified specialist.
Reference bibliographic list
1. On the provision of pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops of the national guard of the Russian Federation, enforcement bodies of the Russian Federations and their families: Law of February 12, 1993 No. 4468-1. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 10/30/2022).
2. On the national security strategy of the Russian Federation: Decree of the President of the Russian Federation of July 2, 2021 No. 400 – Text: electronic // Official Internet portal of legal information: [website]. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 30.10.2022).
3. Mursalimov A. T. Digital raiding – a new way of fraud in the field of lending // Bulletin of the East Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (100). – P. 119-127.
4. Mursalimov A. T., Ovchinnikov A. O. On the issue of problems associated with unemployment // Actual problems of law and the state in the XXI century. – 2019. – T. 11. – No. 1. – S. 186-189.
5. Stalin I. V. “Cadres decide everything”: The original of Stalin’s speech to graduates of military academies in 1935 – Text: electronic // HR Academy. [Electronic resource]. – Access mode: https://hr-academy.ru/to_help_article.php?id=204.
6. Filippova E. Kolokoltsev V. A. declaredshortage of policemen in Russia: Plenary session of the State Duma of October 19, 2022 // Parliamentary newspaper of October 19, 2022.
LAW ENFORCEMENT
MUSTAFIN Ruslan Rayanovich
associate professor of Fire and tactical and special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
ULRICH Sergey Alexandrovich
Ph.D. in technical sciences, associate professor, Deputy Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
COMPARATIVE LEGAL ANALYSIS OF THE LEGAL NORMS GOVERNING THE POWERS OF POLICE OFFICERS TO USE FIREARMS IN RUSSIA AND THE UNITED STATES
The article discusses the differences between the legal status of a police officer in Russia and the United States. The procedure, grounds and conditions for the use of firearms by police officers of the two states are being investigated.
Keywords: law enforcement officer, firearms, use of weapons, state, physical force, special means.
Reference bibliographic list
1. Murtazin A. I., Kovalev T. V., Zaitsev A. G. Some issues of the use of firearms by employees // Eurasian Law Journal. – 2022. – No. 1 (164). – S. 417-418. – EDN LFXGWW.
2. Muzafin R. R. On the legal protection of police officers who used service firearms // Eurasian Law Journal. – 2017. – No. 6 (109). – S. 229-230. – EDN ZDETRL.
3. Taran A. N., Ogryza A. V., Taran K. A. The problem of self-defense characteristics in Russian legislation // Eurasian Law Journal. – 2022. – No. 2 (165). – S. 444-445. – EDN VXWVTF.
LAW ENFORCEMENT
TARAN Alexander Nikolaevich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
OGRYZA Alexander Vitaljevich
Head of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TARAN Kirill Alexandrovich
cadet of the V.Ya. Kikot Moscow University of the MIA of Russia
THEORETICAL FOUNDATIONS OF A PRACTICE-ORIENTED APPROACH TO FIRE TRAINING OF RUSSIAN MIA EMPLOYEES
The article discusses the issues of a practice-oriented approach to training the employees of the Ministry of Internal Affairs of Russia in firearms training, the stages of training in the possession of firearms, taking into account the impact of a stressful situation on mental abilities, its performance, memory, motor reactions, and identifies the main directions in training that allow the employee to adapt as quickly as possible to high stress loads when using firearms.
Keywords: training, aiming, working capacity, memory, training, weapons, preparation.
Reference bibliographic list
1. Organization of fire and physical training in the internal affairs bodies: a course of lectures / Ed. A. R. Kosikovsky, A. A. Vinogradov. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2021.
2. Taran A. N., Sorokousov A. V., Popov A. A. Training of police officers for the use of service weapons during service. , Krasnodar, February 15, 2022. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. – P. 419-423. – EDN BHHPBQ.
LAW ENFORCEMENT
MAGOMEDALIEV Aliyullakh Magomedalievich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
UDILOV Timofey Vasiljevich
Ph.D. in technical sciences, associate professor, Head of the Research and Editorial and Publishing Department of the East Siberian Institute of the MIA of Russia, Irkutsk
VINOKUROV Vitaly Nikolaevich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Urals, Tyumen
PSYCHOLOGICAL TRAINING OF LAW ENFORCEMENT OFFICERS IN THE USE OF FIREARMS
Psychological preparedness of a law enforcement officer, as one of the types of professional training, is an integral factor that allows you to effectively and efficiently overcome the difficulties that arise during the passage of official activity. The very use of firearms is accompanied by the appearance of emotional instability, stress for a police officer. And along with critical, extreme situations, the use of firearms is often conditioned as illegal, unjustified and incorrect actions of an internal affairs officer. Within the framework of this article, the essence, content and role of psychological training of law enforcement officers in the use of firearms are determined, as a rule, in those situations that are accompanied by an increased level of stress and tension.
Keywords: law enforcement agencies, police officer, professional training, psychological preparedness, method of autogenic training and concentration, use of firearms, real conditions.
Reference bibliographic list
1. Inozemtsev S.V. Engaging in shooting sports as a way to overcome the psychological barrier before the use of firearms by police officers // Nauka-2020. – 2021. – No. 2 (47). – S. 25-28. – EDN GUSSAK.
2. Altunin A. Yu., Mulyanova S. P. Psychological and psychophysiological readiness for the use of weapons // Improving fire and tactical-special training of law enforcement officers: Collection of materials of the All-Russian Conference, Oryol, May 21, 2021. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2021. – P. 15-19. – EDN IRWYPP.
3. Durnev A. I. Actual problems of fire training of employees of internal affairs bodies // Scientific Bulletin of the Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2017. – No. 4 (73). – S. 107-110. – EDN ZVZSOV.
4. Altunin A. Yu. Features of the use of weapons by police officers in modern conditions // Modern Science. – 2020. – No. 1. – P. 48-50. – DOI 10.53039/2079-4401.2020.1.1.012. – EDN JZKWZY.
5. Frolenkov V. N. Some questions of the psychological training of the shooter // Science-2020. – 2021. – No. 2 (47). – S. 54-58. – EDN XZMIMB.
LAW ENFORCEMENT
SHULGIN Andrey Alexandrovich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
ACTIVITIES OF LOCAL POLICE COMMISSIONERS FOR THE PREVENTION OF OFFENSES IN THE FAMILY AND HOUSEHOLD SPHERE
The article deals with the issues of the activities of local police commissioners for the prevention of offenses in the family and household sphere. The author highlights the legal basis, features and content of the preventive activities of this unit in the modern life of society. The analysis of normative legal acts regulating preventive work in the field of family and household relations is carried out, on the basis of which the author comes to the conclusion about the imperfection of the legislative framework, in connection with which measures are proposed to improve it .
Keywords: district police commissioner, prevention, offenses, conflict, family and household relations, preventive accounting, individual preventive work, administrative responsibility, criminal responsibility.
Reference bibliographic list
1. Beccaria Ch. About crimes and punishments. – M .: Firm “Stealth”, 1995. – P. 230.
2. Dolgova S. I., Kostin S. G. Internal affairs bodies (police) in the system of prevention of administrative offenses in the family and household sphere. – Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2022. – P. 50.
3. Podchernyaev A. N. et al. Prevention of crimes and administrative offenses by internal affairs bodies: textbook. – Oryol: Oryol Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov, 2021. – P. 9.
4. Baryshnikov M. V., Vislobokova D. V. Activities of precinct police officers in the implementation of the prevention of offenses in the sphere of family and domestic relations // Modern Science. – 2022. – No. 1. – P. 57-59.
5. Volosova N. Yu., Zhurkina O. V., Filippova E. O. The problem of family (domestic) violence during the fight against a new coronavirus infection: prevention issues // Russian Justice. – 2021. – No. 1. – P. 49-51.
6. Egorov R. P., Grigorievsky M. V. Actual problems of the activities of district police officers for the prevention of offenses in the field of family and domestic relations // Actual issues of public order and administrative police activity: Materials of the interdepartmental scientific and practical conference, Volgograd, 18 June 2021. – Moscow: LLC “Publishing house “Sputnik +”, 2021. – P. 105-109.
LAW ENFORCEMENT
GOLYANDIN Nikolay Petrovich
Ph.D. in Law, professor of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SHERIEV Alberd Malilevich
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the North-Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, police lieutenant colonel
FORMATION AND DEVELOPMENT OF THE FIRST CYNOLOGICAL EDUCATIONAL INSTITUTION OF THE OGPU OF THE USSR IN THE NORTH CAUCASUS
The article provides a chronology of historical events of one of the oldest educational institutions in the North Caucasus of the system of the Ministry of Internal Affairs of the Russian Federation – the North Caucasus Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia (branch) of the Krasnodar University of the Ministry of Internal Affairs of the Russian Federation from the moment of formation and development as a cynological educational institution. An analysis is made of the activities of employees and cadets in solving crimes using spy dogs. It also reveals the training of cadets in combat tactics in order to perform operational tasks to combat saboteurs, bandit groups, deserters and accomplices of the enemy on the territory of Kabardino-Balkaria during the Great Patriotic War.
Keywords: educational institution, training, professional level, operational activities, police, employee, dog breeding school, war, crime, spy dog.
Reference bibliographic list
1. Golyandin N. P., Mashekuasheva M. Kh. Activities of the internal affairs bodies of Kabardino-Balkaria during the Great Patriotic War // Gaps in Russian legislation. – 2018. – No. 4. – P. 97-100
2. Book of orders for the Nalchik school-kennel of service dog breeding of the NKVD of the USSR for 1943, inv. No. 1. C. 2.
3. Order of the head of the Nalchik Police School of the Ministry of Internal Affairs of the USSR “On the teaching of subjects and the workload of teachers in the 1956-1957 academic year.” Book of orders for the Nalchik school-kennel of service dog breeding of the NKVD of the USSR for 1956, inv. No. 27.
4. Chronicle of glorious deeds / Ed. ed. Z. L. Shkhagapsoeva, N. P. Golyandina. – Stavropol: Argus, 2017. – 336 p.
5. Personal file of police lieutenant Ivanov ID Archive of the Information Center of the Ministry of Internal Affairs for the Kabardino-Balkarian Republic.
6. Shkhagapsoev Z. L., Golyandin N. P., Shipilov V. I. Three quarters of a century at the foot of Elbrus. History of the Nalchik police school. – Nalchik: El-Fa, 2007. – 400 p.
LAW ENFORCEMENT
YACHMENEV Sergey Petrovich
lecturer of Physical training sub-faculty of the Rostov Law Institute of the MIA of Russia
MIRZOEV Aziz Rafikovich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
ARUTYUNYAN Vagan Nikolaevich
lecturer of Physical training of the sub-faculty of the UNK SP of the V. Ya. Kikot Moscow University of the MIA of Russia
WAYS AND METHODS OF IMPROVING PHYSICAL FITNESS OF LAW ENFORCEMENT OFFICERS
Physical training of law enforcement officers is the general condition of a person, which reflects his physical qualities, emotional and mental stability, moral and volitional education. Improving the general professional training of a police officer is impossible without physical training, due to the fact that, as a rule, the effectiveness and efficiency of solving service and combat tasks, timeliness and responsiveness to emerging circumstances, as well as readiness to reflect internal and external threats depend on the level of physical development. This article presents a comprehensive analysis of the prevailing methods and ways to improve the physical fitness of law enforcement officers. The goals, general and special tasks are determined taking into account the circumstances and conditions are identified, the most relevant and necessary methods and ways of improving physical development are determined.
Keywords: physical training, physical education, ways and methods of improving physical training, police officers, law enforcement agencies.
Reference 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: 01/16/2023).
2. Theory and methodology of physical education: a textbook for physical education institutes / ed. Matveeva L.P. and Novikova A.D. Second edition (in two volumes). – M.: Physical culture and sport, 1976.
3. Stepanov G. I., Babin A. V., Zinnatov R. R. Actual problems in the formation of professional skills in the performance of combat techniques of struggle among employees of internal affairs departments // Eurasian Legal Journal. – 2021. – No. 2 (153). – S. 373-374. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=45559080 (date of access: 01/16/2023).
SAFETY AND LAW
ABAZOV Andemirkan Borisovich
Ph.D. in Law, associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
FAYRUSHIN Timur Alikovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
CHAICHENKO Dmitriy Vladimirovich
senior lecturer of Fire training sub-faculty of the Volgograd Academy of the MIA of Russia, captain of police
CYBERTERRORISM IS A NEW THREAT TO CIVIL SOCIETY
The phenomenon of cyberterrorism is connected with the development of the Internet. The more users use the network, the more vulnerable objects appear. Cyberterrorists can distribute malware that helps them gain access to data or take control of certain devices, such as computers located in government agencies, medical institutions, and transport organizations. This makes it possible not only to obtain information, but also to intervene in the management of processes, to inflict not only informational, but also material harm. It is concluded that cyberterrorism is a new type of crime for the whole world. It represents a high level of danger to the national security of any state. The problem is global for many countries, so the fight against it is a priority.
Keywords: cyberterrorism, cyberwar, cybercrime, cybersecurity, civil society, national security.
Reference bibliographic list
1. Abazov I. S. On ways to counteract cyberterrorist threats // Journal of Applied Research. – 2022. – V. 2. – No. 6. – P. 178-181.
2. Amirova D.K., Gabdrakhmanova R.I. Cyberterrorism as a modern threat to the security of citizens // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – V. 6. – No. 2 (12). – P. 126-131.
3. Zhukov A. Z. Improving the tools for counteracting cyberterrorism in modern conditions // Gaps in Russian legislation. – 2021. – T. 14. – No. 5. – P. 123-128.
4. Kobets P. N. Cyberterrorism as the most important threat to national security // National Security and Strategic Planning. – 2022. – No. 1 (37). – P. 23-28.
5. Malaev A. Kh. On the current problems of counteracting cyberterrorist threats in the context of digital transformation // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – P. 214-218.
6. Teuvazhukov A. Kh., Khitieva A. Zh. Committing cyberterrorist crimes on the Internet: ways to detect and counteract // Journal of Applied Research. – 2022. – V. 1. – No. 9. – S. 72-75.
7. Khamurzov A. T. Cyberterrorism: new challenges and countermeasures // Journal of Applied Research. – 2021. – No. 3-2. – P. 74-77.
8. Tsrimov A. A. Features of the use of digital technologies in counteracting cyberterrorism // Gaps in Russian legislation. – 2022. – T. 15. – No. 4. – P. 145-148.
SAFETY AND LAW
ALEKSEEV Yuriy Grigorjevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia, major of police
PROBLEMS OF THE USE OF PHYSICAL FORCE AND FIREARMS BY A POLICE OFFICER
The relevance of this topic lies in the fact that the analysis of specialized literature and regulatory legal acts, as well as the practice of the work of internal affairs bodies show the significant role of the use of physical force and firearms in the prevention and suppression of administrative offenses and crimes. The emergence of problems originates from ignorance of the regulatory framework by police officers and a low level of professional and physical training to non-compliance with security measures and fear of.
Keywords: use of physical force and firearms, Federal Law “On Police”, group and armed attack, police officer, Ministry of Internal Affairs, weapons to protect life.
Reference bibliographic list
1. The Constitution of the Russian Federation: adopted by popular vote on December 12, 1993, subject to amendments made by the Law Ros. Federation on amendments to the Constitution Ros. Federation of July 21, 2014 No. 11-FKZ / Collected. legislation Ros. Federation. – 2014.
2. Brief description of the state of crime in the Russian Federation for January – December 2021 years old. [Electronic resource]. – Access mode: https://mvd.rf/reports/item/28021552/
3. Dissertation of the candidate of legal sciences Urazalina I. M.: “Criminal legal and criminological aspects of the use of physical force, special means and firearms by employees of the internal affairs bodies: Based on the materials of the Astrakhan region”, 2019.
4. Scientific article by Vankov A.V., majoring in Law: Actual problems of the use of firearms by police officers, 2019.
5. Kaplunov A. I. The use of firearms by police officers: legislation, theory and practice: monograph / Ministry of Internal Affairs of Russia, St. Petersburg University. – St. Petersburg: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2018.
6. Federal Law No. 3-FZ of February 7, 2011 (as amended on December 21, 2021) “On the Police”: Chapter 5. Use of physical force, special means and firearms.
SAFETY AND LAW
GUSEYNOV Amirdzhan Akhmedovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KARELKIN Evgeniy Nikolaevich
Ph.D. in sociological sciences, associate professor of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
SHABAEV Vadim Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
IDENTIFICATION OF THE FACTORS OF RADICALIZATION OF YOUTH AS AN IMPORTANT COMPONENT IN THE FIGHT AGAINST EXTREMISM
With the development of information technology, it is easier becoming to lure people into the activities of illegal organizations. With the help of various Internet resources, anonymous and easy recruitment of vulnerable segments of the population is provided, a special place among which is occupied by young people. The Ministry of Internal Affairs of the Russian Federation, state authorities and local governments are currently actively focused on combating extremism among young people, and this is one of the priorities. The problem of creating a scientific and methodological basis for developing additional effective measures to counter the radicalization of Russian youth is urgent. One of the ways to solve it is to determine the factors influencing the radicalization of the youth environment.
Keywords: threat to national security, extremism, youth, radicalization, factor, counteraction.
Reference bibliographic list
1. 66% of extremist acts are committed online. – [Electronic resource]. – Access mode: https://pravo.ru/news/233081/ (date of access: 01/06/2023).
2. Efimova T. V. Internet as an environment for the socialization of a modern personality // In the world of scientific discoveries. – 2013. – No. 5-4 (41). – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=20269648 (date of access: 01/10/2023).
3. Internet mechanisms of involvement in extremist communities as a threat to the socialization of modern youth / Yu. – 2019. – T. 16. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internet-mehanizmy-vovlecheniya-v-ekstremistskie-soobschestva (date of access: 01/04/2023).
4. Kozlova N. Head of the Investigative Committee – about the causes of cruel crimes of teenagers. – [Electronic resource]. – Access mode: https://rg.ru/2021/12/28/glava-sledstvennogo-komiteta-o-prichinah-zhestokih-prestuplenij-podrostkov.html (date of access: 01/06/2023).
5. Minakov A. V. Some psychological properties and features of the Internet as a new layer of reality. – [Electronic resource]. – Access mode: http://www.flogiston.ru/articles/netpsy/minakov (date of access: 01/10/2023).
6. The use of information technology in the prevention of extremism among the youth: a teaching aid / ed. ed. V. L. Nazarova. – Yekaterinburg: Ural Publishing House. un-ta, 2021. – [Electronic resource]. – Access mode: https://elar.urfu.ru/bitstream/10995/106480/3/978-5-7996-3380-6_2021.pdf.pdf (date of access: 01/10/2023).
7. Extended meeting of the collegium of the Ministry of Internal Affairs of Russia. – [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/67795 (date of access: 01/04/2023).
8. Stolyarenko E. V. Factors of youth radicalism in Russia // Theory and practice of social development. – 2011. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/faktory-molodezhnogo-radikalizma-v-rossii (date of access: 01/04/2023).
9. Sundiev I. Yu., Smirnov A. A. “Toxic” content on the Internet and its impact on the radicalization of youth // Scientific portal of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/toksichnyy-kontent-v-seti-internet-i-ego-vliyanie-na-radikalizatsiyu-molodezhi (Date of access: 01/05/2023).
SAFETY AND LAW
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences senior 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
ROMANOV Anton Alexandrovich
Ph.D. in Law, Head of Fire training and special tactical training sub-faculty of the Ufa Law Institute of the MIA of Russia, colonel of police
OGORODNIKOV Maxim Anatoljevich
Ph.D. in biological sciences, associate professor of Activities of the internal affairs bodies in special conditions sub-faculty of the Omsk Academy of the MIA of Russia, senior lieutenant of police
INFORMATION WARS IN THE MODERN WORLD: ESSENCE AND MAIN FORMS OF MANIFESTATION
In modern society, not only the functioning of state structures is changing, public institutions are also changing forms of struggle. Large-scale digitalization provoked the emergence of such a thing as “information war”. Information has become the most important resource for the development of modern states. As information resources develop, new forms of information warfare appear. Military operations are carried out advantageously using modern innovative and technical resources, and information becomes one of the vulnerable resources. The article presents an overview of the main forms of information warfare and an analysis of the features of information warfare in comparison with traditional forms of confrontation. Information security is an essential component of national security, and information wars cause significant damage. Minimization of risks in the current situation is the task of state bodies. The policy being developed to counter information threats should be guided by new forms of information warfare.
Keywords: information warfare, confrontation, information security, information protection, national security, counteraction, information system, state, mass media.
Reference bibliographic list
1. Bukharin S. N. Methods and technologies of information wars. – Moscow: Academic Project, 2020. – 382 p.
2. Voronova O. E. Modern information wars: strategies, types, methods, techniques. — Moscow: Aspect Press, 2021. — 176 p.
3. Voronova O. E. Modern information wars: typology and technologies: monograph. – Ryazan: Russian State University named after S.A. Yesenina, 2018. — 188 p.
4. Dvoryankin O. A. Information warfare on the Internet // Young scientist. – 2021. – No. 6 (348). — P. 146-151.
5. Tsyganov V. V. Information wars in business and politics: Theory and methodology – Moscow: Academic Project, 2020. – 336 p.
SAFETY AND LAW
KOVALENKO Eduard Vitaljevich
Lecturer of the Department of law enforcement organization of the North Caucasus Institute of advanced training (branch) Krasnodar University of the Ministry of Internal Affairs of Russia, senior police lieutenant
MALAEV Azret Khusenovich
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
TO THE QUESTION OF THE WAYS OF COMMITTING CYBER FRAUD
Fraud has a long history of existence, because back in 66 BC. “dolus” – deceit, fraud was included in a number of torts in Roman law. Currently, along with the development of information technology, there is an active evolution of crime and, in particular, cybercrime. There are more and more methods, techniques and practices for committing crimes in the information environment, the main of which is fraud (cyber fraud).
Keywords: crime, fraud, cybercrime, way, phishing, cyberfraud.
Reference bibliographic list
1. Aksenov V. A., Molchanova T. V. Personality features of a modern Internet fraudster in the mechanism of individual criminal behavior // Journal of Criminology, 2020. No. 4. P. 80.
2. Apolsky E.A., Tvorogova A.S. The concept, types of cybercrime and methods of combating it // Collection of scientific papers based on the materials of the Interuniversity Scientific Conference with International Participation “State Studies in the 21st Century: the Era of Challenges and Changes” / Ed. by the general edition of the candidate of legal sciences, professor Magomedov B. M.
3. Cybercrime and cyber conflicts in Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru/index.php/ Article: Number_of_cybercrimes_in_Russia (accessed: 21.08.2022)
SAFETY AND LAW
MINYASHEVA Gulnara Ibragimovna
Ph.D. in Law, associate professor of Operational-investigative activity of internal affairs bodies sub-faculty of the Ufa Law Institute of MIA of Russia
MODERN EXTREMISM AND MEASURES TO COUNTER IT
Modern extremism acquires the features of a significant national threat to the country’s security, which threatens the interests of specific citizens, the peaceful coexistence of states in general. The events that have been taking place in Ukraine for more than eight years testify to the activities of criminal groups that promote superiority over other nations, hatred, violence and Russophobia. As a result, there is a psychological self-affirmation of one part of the country’s population through the actual extermination of the country’s population in the south-east of Ukraine. Extremism is one of the objects of close attention for the internal affairs bodies.
Keywords: extremism, nationalism, radicalism, countering extremism.
Reference bibliographic list
1. Baranov V. V., Isaev E. A. On the legal regulation of the activities of internal affairs bodies to counteract extremist manifestations in the information space // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (54). – P. 14-20.
2. Makarevich I. A. To the question of the relationship between the concepts of “terrorism” and “extremism” in the modern world // Youth, science, and civilization: materials of the international scientific conference. – 2021. – S. 392-394.
3. Schukina E. L. Extremism and youth extremist subcultures: towards the conceptualization of concepts // Strategy for countering extremism: materials of the interdepartmental scientific and practical conference. Moscow. – 2021. – S. 226-229.
SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ZAYTSEV Andrey Gennadjevich
lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
KHOROLSKIY Vladimir Vitaljevich
Ph.D. in pedagogical sciences, senior lecturer, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
ARTIFICIAL INTELLIGENCE: CURRENT STATE
This article is dedicated to the role, place and topical issues of the use of artificial intelligence in the modern world. The authors touch upon global problems of a legislative, legal and ethical nature that arise during the operation of systems with high-tech characteristics. The purpose of the work is to show that the development and implementation of artificial intelligence imposes high responsibility, including criminal and moral, on society.
Keywords: artificial intelligence, legal status, ethical characteristics, concepts of artificial intelligence, assigning responsibility to the user, manufacturer, creator.
Reference bibliographic list
1. Lapunin M. M. Circumstances precluding criminality of the act, and scientific and technical progress // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. – 2017. – No. 6 (62). – S. 81-87.
2. Murtazin A. I., Kovalev T. V., Bulatov D. V. Problems of legal personality of electronic persons // Eurasian Law Journal. – 2022. – No. 1 (164). – P. 437-438.
3. Morhat P. M. To the question of the specifics of the legal regulation of artificial intelligence and some legal problems of its application in certain areas // Law and Law. – 2018. – No. 6. – P. 63-67.
4. Gazizov R. R. Law and information law in the context of interaction with artificial intelligence: socio-philosophical aspect // Eurasian legal journal. – 2018. – No. 2 (117). – S. 398-401.
SAFETY AND LAW
NIKORYAK Vasiliy Vasiljevich
lecturer of Crisis management and evaluation sub-faculty of the Ural Mining University
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
ISOMORPHISMS AND POLYMORPHISMS IN THE FORMATION OF ANTI-CORRUPTION VALUES AMONG STUDENTS OF FUTURE LAWYERS
To date, the problem of combating corruption remains particularly relevant and, as domestic experience shows, it is not solved only by toughening the punishment. Unfortunately, as world experience shows, there are no unambiguous recipes for getting rid of such a negative phenomenon. The problem of combating corruption in Russian society should be considered on the basis of the study of the nature of its formation and spread as a social phenomenon that characterizes the relationship between people in a certain historical context.
Keywords: corruption, interactivity in learning, value and self-confrontation, isomorphic, polymorphic knowledge.
Reference bibliographic list
1. Hermans Hubert J.M. Personality as a motivated storyteller, the theory of valuation and the method of self-confrontation / Per. from English. D. A. Kutuzova and F. I. Barsky. Hermans H.J.M. (2002) The person as a motivated storyteller: Valuation theory and the self-confrontation method. InR. A. Neimeyer, & G. J. Neimeyer (Eds.), Advances in personal construct psychology: New directions and perspectives (pp. 3-28). Copyright (c) (2002) by Praeger Publishers. All rights reserved. Reproduced with permission of Greenwood Publishing Group, Inc., Westport.
2. History of Russia. – [Electronic resource]. – Access mode: https://ok.ru/khonos?st.layer.cmd=PoplayerClose.
3. Dictionary of foreign words. − M.: AST; Mn. Harvest, 2005. – 1152 p.
4. Andyusev B.E. Case method as a tool for the formation of competencies // Principal of the school. – 2010. – № 4. – P. 61-69.
5. Dolgorukov A. M. Workshop on general sociology: textbook. manual for universities / Ed. N. I. Lapina. – M .: Higher. school, 2006. – 296 p.
6. Popova (Smolik) S. Yu., Pronina E. V. The case-study method and its use in education // Interactive education: Proceedings of the All-Russian Scientific and Practical Conference. – Moscow, Moscow State University. M. V. Lomonosov, June 29, 2012. – M., 2012.
7. Dneprov S. A. Khilyuk S. O. Isomorphisms and polymorphisms in the formation of socio-pedagogical rehabilitation competence of future police officers // Municipal education: innovations and experiment. – 2021. – No. 4 (79). -WITH. 12-19.
SAFETY AND LAW
TOKBAEV Ayub Amerbievich
Ph.D. in economical sciences, senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training of the (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SHOMAKHOV Anzor Kanshobievich
Ph.D. in Law, Deputy Head of the Department of the MIA for the Kabardino-Balkarian Republic, lieutenant colonel of police
INFORMATION TERRORISM AS A GLOBAL PROBLEM OF OUR TIME
Terrorism has long been the key to influencing society, public opinion and public authorities. However, in modern society there is no place for terrorism and humanity is directed sharply negatively towards it. This is mainly due to the fact that humanity has experienced two world wars, which led to economic destabilization throughout the world, colossal human casualties and, of course, excessive cruelty. However, in modern society there is no place for terrorism and humanity is directed sharply negatively towards it. One of the manifestations of modern terrorism is information terrorism, which for terrorists and terrorist organizations is a new form of committing terrorist acts and campaigning in society. Terrorism from the underground, when agitation of new members in terrorist groups and cells was carried out away from prying eyes and ears, and law enforcement agencies learned about the impending terrorist attack literally before they were committed, moved to the media and the Internet. It follows from this that in recent years terrorism has been firmly entrenched in the information field and very skillfully uses its capabilities to achieve its goals.
Keywords: information terrorism, destabilization, misinformation, prevention, counteraction.
Reference bibliographic list
1. Baiganova I. S., Rodionova O. R. Extremism and terrorism – a threat to Russia’s national security: informational extremism // In the collection: Problems and prospects for the development of the penitentiary system of Russia at the present stage. materials of the All-Russian scientific conference of students and young scientists with international participation. Samara Law Institute of the Federal Penitentiary Service of Russia. – Samara, 2022. – P. 51-53.
2. Zhukov A. Z. Information terrorism in the modern world: developing a counter strategy // Eurasian Law Journal. – 2020. – No. 10 (149). – P. 416-418.
3. Ishdavletov R.N. Information terrorism // In the collection: Information technologies for ensuring integrated security in a digital society. Collection of materials of the III All-Russian Youth Scientific and Practical Conference. Rep. editor A. S. Ismagilova. – 2020. – S. 191-194.
4. Lyashenko V. R. Information terrorism as a threat to Russian statehood // In the collection: Issues of activities of services and divisions of internal affairs bodies of the Russian Federation. Collection of articles of the university scientific-practical conference. – 2021. – P. 123-127.
5. Strebkova A. A. Informational terrorism // Issues of Russian justice. – 2020. – No. 9. – P. 1016-1021.
6. Tarchokov B. A. Counteracting the spread of extremism on the Internet // Education and Law. – 2022. – No. 1. – P. 186-189.
SAFETY AND LAW
ABAZOV Islam Sultanovich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
MAGOMEDOV Murad Nasrullaevich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE EMERGENCE AND DEVELOPMENT OF TERRORISM AS A METHOD OF POLITICAL STRUGGLE
Terrorism is aimed at expressing one’s dissatisfaction and hostility towards the state and laws, thereby providing an opportunity to influence the authorities so that, mainly under a sense of fear, they begin to soften laws and attitudes towards people. Among the first historical events that have survived to this day and have signs of manifestation of terrorism is the Jewish sect, whose activity was to actively resist the unification and obedience of the Roman Empire. Another group that was created and provided by a person to eliminate their political competitors is the Order of hired killers – the Assassins. In the modern world, one of the vivid terrorist cells is the Taliban movement, which is a radical Islamist movement, recognized as a terrorist organization by many countries, including Russia. Having conducted a historical overview of the development of terrorism in this study, we came to the conclusion that both modern and early terrorism have a great similarity, which lies in the use of the ideology of violence. This ideology becomes an instrument of a terrorist group, which literally gets rid of all its opponents and single-handedly comes to power, as we would say today illegitimately.
Keywords: terrorism, the ideology of violence, the Jewish sect, the Order of the Assassins, the Taliban.
Reference bibliographic list
1. Abazov I. S., Voskoboev A. I. Extremism and terrorism as products of globalization // Eurasian Law Journal. – 2021. – No. 8 (159). – P. 214-216.
2. Gedgafov M. M., Kurmanova M. K. Terrorism: historical path and true nature // Journal of Applied Research. – 2022. – Vol. 2. – No. 9. – P. 133-136.
3. Magomedov MN Nature and variability of modern terrorism // Eurasian legal journal. – 2022. – No. 7 (170). – P. 414-415.
4. Prosvirkina K. S., Khokhlov N. I. Factors that determine the emergence and development of terrorism // In the collection: Actual problems of countering the ideology of terrorism and extremism in modern society. Materials of city scientific-practical conference. – 2018. – P. 148-150.
5. Tarchokov B. A. International terrorism as a form of reaction to the overestimated dynamics of the globalization of society // Gaps in Russian legislation. – 2020. – T. 13. – No. 5. – S. 145-148.
6. Tsrimov A. A., Kuchmezov A. N. The origin of terrorism and forms of its manifestation to the present day // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 27-30.
SAFETY AND LAW
MIRONOVA Daria Mikhailovna
magister student of the Institute of Law of the Pacific National University
VALEEV Erken Nauruzbaevich
lecturer of State and legal disciplines sub-faculty of the Institute of Law of the Pacific National University
ABOUT ENSURING THE COMPLIANCE OF MUNICIPAL LEGAL ACTS WITH THE NORMS OF FEDERAL AND REGIONAL LEGISLATION
The article depicts to possible causes of legal defects in the process of implementing municipal law-making and features of ensuring the compliance of municipal regulatory legal acts with the norms of federal and regional legislation. The authors identified some violations of the principle of legality by the representative bodies of local self-government in the field of their law-making competence and formulated proposals for their elimination.
Keywords: municipal legal act, local self-government bodies, public authority, municipal law-making, defect, defectiveness, hierarchy, legality, law, municipal formation, reasons.
Reference bibliographic list
1. Andreev D.S. The concept of a defective administrative-legal act // Administrative law and process. – 2010. – № 6. – S. 12-14.
2. Ivanova A. Yu. Problems of rulemaking of local governments and the possibility of modern informationmation technologies // Legal informatics. – 2012. – № 2. – P. 3.
3. Malko A. V., Gaivoronskaya Y. V. Theory of legal acts: necessity and ways of creation // State and law. – 2012. – № 2. – S. 15-24.
STATE AND LAW
ANISIMOVA Valentina Antonovna
Ph.D. in pedagogical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) of the Moscow Polytechnic University
ANISIMOVA Anna Mihailovna
Ph.D. in Law, associate professor of the Legal Disciplines Department of the Non-State Educational Institution of Higher Education of the Moscow financial and industrial University “Synergy”, associate professor
ZOTOVA Karina Valerjevna
Ph.D. in sociological sciences, associate professor of Philosophy and history sub-faculty of the Academy of FPS of Russia
FROLOVA Svetlana Vladimirovna
Ph.D. in economical sciences, associate professor of Engineering business and management sub-faculty of the Ryazan Institute (branch) Moscow Polytechnic University
ABOUT SOME ASPECTS OF STUDENT GOVERNANCE WORK IN THE HIGHER EDUCATION INSTITUTION
The publication identifies certain problems in the work of student government. As an effective factor solving this rather complex problem, one of the established areas of extracurricular educational work with students, based on historical and local history material, is presented. The form of student self-government is considered in the practical interpretation of extracurricular activities that combine patriotic and career guidance.
Keywords: extra-curricular forms of educational work, student self-government, cultural sphere.
Reference bibliographic list
1. Agarev A., Murog I. Ryazan steps of Tsiolkovsky. Ryazan, 2017.
2. Boyko Zh. V. Pedagogical conditions for the use of cultural knowledge in the educational process of a technical university // Problems of integration of Russian education and the world educational space. Khabarovsk: Ed. DVGUPS, 2008. V. 4. S. 175-178.
3. Bulychev N. N. Strong traditions of the Polytechnic // Blagovest. 2016. No. 9.
4. Vozdvizhensky T. Historical review of the Ryazan province. Ryazan, 1995.
5. Vozdvizhensky T. Ryazan encyclopedia. Ryazan: Press, 1992.
6. Dobrolyubov V., Yakhontov S. Bibliographic dictionary of writers, scientists and artists, natives of the Ryazan province. Ryazan, 1995.
7. Ekimetsky V. Gymnasium. M.: “INDRIK”, 2012.
8. Historical notes of the Ryazan 1st male gymnasium. Ryazan, 1995.
9. Krasnogorskaya I., Chugunov S. House on Bolshaya Street. M., 1985.
10. Matveychik A. Flight predicted by Tsiolkovsky // Regional Ryazan newspaper. November 29, 2018.
11. Minaeva N. The town of Belyakov is still a dream // Novaya Gazeta. May 23, 2019.
12. Celebration of the 800th anniversary of the city of Ryazan on September 20-22, 1895 (1095-1895). Ryazan, 1995.
13. Rasskazova A. V. Self-realization of the student’s personality. M.: Specialist, 2000. No. 11. S. 24-28.
14. Ryazan encyclopedia. Reference material. Volume 5. Ryazan, 1992.
15. Code of monuments of architecture and monumental art of Russia. Ryazan Oblast. Part 1.
16. Sevostyanova V. A. S. Ershov laid the foundations of engineering education in Russia // Ryazanskiye Vedomosti. September 14, 2018.
18. Smirnov S.D. Teaching and education in higher education. M., 2001. P. 134.
19. Sokolov D. The flight that went down in history // Ryazanskiye Vedomosti. 2018.
20. Solodovnikov D. Pereyaslavl Ryazansky. The past of Ryazan in the monuments of antiquity. Ryazan, 1995.
22. Khibarin D. From gymnasium students to rectors // Ryazanskiye Vedomosti. 2016. July 1. S. 20.
PEDAGOGY AND LAW
KANOKOVA Lyana Yurjevna
lecturer of Special technical preparation sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
THE NEED FOR PEDAGOGY IN THE ACTIVITIES OF EMPLOYEES OF THE INTERNAL AFFAIRS
Pedagogy in the course of the work of police officers is a section related to professional pedagogy. Professional pedagogy is a science that considers professional growth in education at various levels (primary, secondary, higher), includes a variety of methods and forms of work, advanced training, and various content. The subject of professional pedagogy is the process of formation of professionally significant qualities for the employee, as well as the general pedagogical system that monitors the development of the individual, purposefully influencing it.
Keywords: professional pedagogy, pedagogical activity, internal affairs bodies, police officers, pedagogical direction.
Reference bibliographic list
1. Slizkova E. V., Derecha I. I. Pedagogy of additional education. The method of work of the counselor: a textbook for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2021. – P. 88.
2. Nagoeva M. A., Urumov A. V. Formation of professional thinking and career guidance of students for training in a pedagogical university // Problems of modern pedagogical education. – 2018. – No. 60-1. – S. 196-200.
3. Slastenin V. A. Psychology and pedagogy in 2 hours. Part 1. Psychology: a textbook for universities / [and others]; under the general editorship of V. A. Slastenin, V. P. Kashirin. – Moscow: Yurayt Publishing House, 2021. – P. 67.
4. Kanokova L. Yu. Pedagogical directions (aspects) in the activities of the head of the Department of Internal Affairs // Law and State: Theory and Practice. – 2022. – No. 4 (208). – P. 173-174.
PEDAGOGY AND LAW
LANG Petr Petrovich
Ph.D. in Law, associate professor, professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
KOROTAEVA Tatyana Vasiljevna
Ph.D. in historical sciences, associate professor, associate professor of Sociology and psychology sub-faculty of the Samara State University of Economics
TRAINING OF LAW ENFORCEMENT SPECIALISTS: CURRENT STATE AND PROSPECTS
The article provides an analysis of the opinions of domestic researchers on the training of specialists in the field of law enforcement. The features of the educational process in higher educational institutions of a legal profile are revealed. The main problems that do not allow students to form the necessary professional skills and competencies are identified. A set of measures is presented to resolve them, considering the requirements of today.
Keywords: educational process, educational trajectory, teaching, teaching psychology, law enforcement.
Reference bibliographic list
1. Nagarokov Yu. N. Vocational training of legal professionals at the university: new requirements and modern approaches // Bulletin of the Maikop State Technological University. 2019. No. 4. P. 105-112.
2. Repetskaya A. L. Training of lawyers: quality issues // Izvestiya BGU. 2005. No. 2. P. 81-83.
3. Yarkov V.V., Dolganichev V.V. Training of specialists in legal areas in the context of the development of collective forms of judicial protection // PNiO. 2020. No. 6 (48). pp. 136-153.
PEDAGOGY AND LAW
MATVEEV Stanislav Stanislavovich
Ph.D. in sociological sciences, associate professor of Physical education sub-faculty the Ufa University of Science and Technology
ALGUSHAEV Fail Nurovich
senior lecturer of Physical education sub-faculty the Ufa University of Science and Technology
IVANOV Igor Vladimirovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia
METHODS OF TEACHING PHYSICAL TRAINING WITH THE USE OF SERVICE-APPLIED SPORTS
The article describes the main physical qualities that need to be developed in order to improve physical fitness. A methodology for teaching physical training with the use of service-applied sports has been developed. The most effective physical exercises suitable for physical improving readiness are described. The relevance of this topic is reinforced by the fact that during the classes in physical education, the number of injuries received by students has increased. The abstracts of the article will be useful for both experienced teachers and beginners. The methodology proposed by us aims to improve the physical form of students and minimize injuries in the classroom.
Keywords: pedagogical, teaching methods, physical training, sports, physical qualities.
Reference bibliographic list
1. Matveev S. S., Krivosheev M. A., Merzlyakov D. M. Fundamentals of physical culture and health technologies in the process of physical education of students of a higher educational institution // XVI International Scientific and Practical Conference “Actual Problems of Physical Culture, Sports and Tourism” dedicated to the 90th anniversary of FGBOU VO “USATU”. – Ufa, 2022. – P. 398-403.
2. Matveev A. S., Mirzoev A. R., Magomedaliev M. M., Babin A. V., Zinnatov R. R. Service and applied physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Physical culture and sport in system of higher education: materials of the VIII International Scientific and Methodological Conference. – Ufa: UGNTU, 2020. – P. 210.
3. Matveev A. S., Abdrakhmanov E. V., Nukhov R. R. Aerobic and anaerobic endurance of students in educationnyh organizations of the system of the Ministry of Internal Affairs of Russia // Actual problems of physical culture, sports and tourism: Sat. tr. Int. scientific-practical. Conf., March 21-23, 2019. – Ufa: UGATU, 2019. – P. 228-230.
4. Matveev A. S., Matveev S. S., Ishmukhametov I. Z. Biofeedback in the preparation of highly qualified athletes // Eurasian Law Journal. – 2021. – No. 10 (161). – P. 459-460.
5. Matveeva L. M., Matveev S. S. Endurance as one of the types of physical activity of students involved in athletics // Materials of the VIII International scientific and methodological conference “Physical culture and sport in the system of higher education”. – Ufa: UGNTU Publishing House, 2020. – P. 215.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
EGOROVA Diana Denisovna
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University in Sterlitamak
INTER-ETHNIC AND INTERCULTURAL COMMUNICATION OF STUDENTS IN HIGHER EDUCATIONAL INSTITUTIONS
The article analyzes the problems and experience in the organization of interethnic and intercultural interaction of students in the educational environment of a higher educational institution. For effective students’ social and professional development in this process certain skills and conditions are required to ensure the maximum quality of the presentation of educational material and improve the process of mutual understanding. This article reflects the practical experience of foreign students’ interaction at Ufa State Petroleum Technical University in the form of a structured characteristic that explains the influence of the most important environmental factors in the socio-pedagogical support of interethnic interaction. Special attention is focused on interaction with a comprehensive program of foreign students’ social adaptation to the environment during their interethnic and intercultural interaction at the educational institution.
Keywords: professional education pedagogy, ecological approach to education, cultural assimilation, university educational environment, personal and cultural professional development.
Reference bibliographic list
1. Harutyunyan Yu. V. Ethnosociology. – M.: Aspect Press, 2006. – P. 271.
2. Verevkin L. P., Karelov S. V. Foreign students in Russian universities: motives for arrival and employment prospects // Energy: economics, technologies, ecology. – 2006. – No. 5. – P. 68-73.
3. Goncharova N. V. Attitude towards foreign students at the university: some aspects of interethnic interaction// Simbirsk Scientific Bulletin. – 2015. – No. 4 (22). – P. 165-170.
4. Domorovskaya O. G. Social and pedagogical conditions for the adaptation of students with a migration background in the cultural and educational space of the university: Abstract of the thesis. – Rostov-on-Don, 2007. – P. 11.
5. Efremova T. F. Modern explanatory dictionary of the Russian language. [Electronic resource]. – Access mode: https://dic.academic.ru/dic.nsf/efremova/ (date of access: 08.10.2022).
6. Zhivkovich E. E. Socio-psychological features of interethnic relations in Serbia: dis. … doc. Phil. Sciences. – M., 2018. – P. 328.
7. Karnyshev AD Interethnic interaction in Buryatia: social psychology, history, politics. – Ulan-Ude: BGU, 1997. – P. 184.
8. Koshanov I. V. Nature and structure of ethno-cultural socialization of personality // Fundamental research. – 2013. – No. 8-5. – S. 1193-1197. [Electronic resource]. – Access mode: http://fundamental-research.ru/ru/article/view?id=32109 (date of access: 08.10.2022).
9. Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university [Text] // Bulletin of the Maikop State Technological University. – 2015. – P. 74–76.
10. Pavlenko N. V., Taglin S. A. General and applied ethnopsychology // Society for Scientific Publications of KMK. – Moscow, 2005. – P. 483.
PEDAGOGY AND LAW
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
KOSHEVETS Gennadiy Vladimirovich
Head of the Training Department of the Ufa School for the Training of Dog handlers of the MIA of Russia
FIRE TRAINING AS A CONDITION FOR THE FORMATION OF PSYCHOLOGICAL STABILITY OF CADETS OF THE UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article reveals the features of fire training as a condition for the formation of psychological stability of cadets of the Ministry of Internal Affairs. The psychological stability of cadets of the Ministry of Internal Affairs is defined as an integrative characteristic of theoretical knowledge and practical experience, personal qualities and internal readiness of a person to perform educational and professional tasks. The psychological qualities that require the formation, development and improvement in the process of fire training are determined.
Keywords: fire training, psychological stability, personal qualities, readiness, law enforcement, modeling, cadet, firearms, shooting, educational institutions of the Ministry of Internal Affairs.
Reference bibliographic list
1. Murtazin A. I. Moral and psychological training of military personnel // Eurasian legal journal. – 2017. – No. 1 (104). – S. 344-345. – EDN XXRKWJ.
2. Taran A. N., Ogryza A. V., Taran K. A. Influence of the level of fire training on the ability of a police officer to repel an armed attack. practical conference, Krasnodar, April 28, 2022 / Editorial staff: E. E. Vityutnev, I. V. Podporin, V. A. Mikhailyuk [and others]. – Krasnodar: Federal State Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2022. – P. 339-343. – EDN VXMPSJ.
3. Romanov A. A. On the competency-based approach in training police officers for the use of firearms // Topical issues of improving the fire and physical training of students in educational institutions of the Ministry of Internal Affairs of Russia: collection of materials of the All-Russian Conference, Ufa, June 17, 2021. – Ufa Law Institute of the Ministry of Internal Affairs of Russia: Ufa Law Institute of the Ministry of Internal Affairs of Russia, 2021. – P. 36-40. – EDN NTAFTL.
PEDAGOGY AND LAW
NIKITIN Alexander Igorevich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ARKHIPOV Evgeniy Vladimirovich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
PSYCHOLOGICAL AND PEDAGOGICAL SKILLS OF A TEACHER IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
In the article, an important aspect is the disclosure of the main methods and techniques aimed at vocational training, it is indicated about the teacher’s ability to lay important human qualities through education and on the competent construction of the educational process, as the most important goal for the interest of students. The criteria that correspond to the professional psychological skills of the teacher are noted. Also, for successful pedagogical activity, the ways of establishing psychological contact with students are indicated. Recommendations on psychological issues and methods that stimulate mental activity are given. The aspects indicating the importance of psychological satisfaction for all participants from the educational process are touched upon.
Keywords: psychological and pedagogical skills, pedagogical activity, contact, educational process, education, teacher, student.
Reference bibliographic list
1. On education in the Russian Federation: federal law of December 29, 2012 No. 273-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_140174/ (date of access: 08.02.2022).
2. Bykov A. K. Technology for the development of pedagogical skills of a teacher of higher education // TsITISE. – 2019. – No. 2 (19). – P. 34. – EDN GMMKYN (date of access: 08.02.2022).
3. Nikitin A. I. The value of tactical and special training for cadets of educational organizations of the Ministry of Internal Affairs of Russia // Issues of improving the physical, tactical and special and fire training of police officers for operational activities: Materials of the All-Russian Scientific and Practical Conference, Volgograd, June 23, 2022 of the year. Volume Issue 5. – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 132-135. – EDN RMAMOU (date of access: 08.02.2022).
4. Evlakhova E. Yu., Zheleznyakov V. A., Polyakov A. D., Melikhov D. N. Learning motivation. Types, levels, qualities of learning motives // Science and innovations – modern concepts: Collection of scientific articles based on the results of the work of the International Scientific Forum, Moscow, December 20, 2019year / Rev. ed. Khismatullin D. R. – Moscow: Infiniti, 2019. – S. 21-24. – EDN UNQTIT (date of access: 08.02.2022).
PEDAGOGY AND LAW
KANOKOVA Liana Yurjevna
lecturer of Special technical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
SATUSHIEVA Lyubov Khabasovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
EDUCATION – AS A PEDAGOGICAL COMPONENT OF SOCIALIZATION
The article substantiates the relevance of considering education in the context of the process of human socialization, and also considers in detail the analysis of the concept of socialization. Socialization is considered as the assimilation of elements of culture, social norms and values, on the basis of which personality qualities are formed. The organization of the conditions of education is due to the inclusion of a person in different types of social relations that are formed in the educational process, during communication, in any kind of practical activity. Social adaptation involves the adaptation of an individual to environmental conditions, while social autonomy allows a person to focus on himself, his needs, attitudes, self–esteem, etc. to the right extent.
Keywords: upbringing, general characteristics, education, socialization, self-knowledge, training.
Reference bibliographic list
1. Kanokova L. Yu. Pedagogical directions (aspects) in the activities of the head of the Department of Internal Affairs // Law and State: Theory and Practice. – 2022. – No. 4 (208). – P. 173-174.
2. Slastenin V. A. [and others] Psychology and Pedagogy in 2 hours Part 1. Psychology: a textbook for universities / Under the general editorship of V. A. Slastenin, V. P. Kashirin. – Moscow: Yurayt Publishing House, 2021. – P. 67.
3. Nagoeva M. A., Urumov A. V. Formation of professional thinking and career guidance of students for training in a pedagogical university // Problems of modern pedagogical education. – 2018. – No. 60-1. – P. 196-200.
4. Shchurkova N. E. Pedagogy. Educational activities of the teacher: a textbook for universities. – 2nd ed. – Moscow: Yurayt Publishing House, 2021. – P. 93.
PEDAGOGY AND LAW
YAROSLAVSKIY Mikhail Alexandrovich
lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
NAGOEV Rustam Ruslanovich
senior lecturer of Physical training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SUBSTANTIATION OF THE PRIORITY OF THE PROFESSIONAL AND APPLIED COMPONENT AMONG THE COMPONENTS OF PHYSICAL TRAINING OF POLICE OFFICERS
For active police officers, as well as for cadets and persons entering the service and undergoing training in the format of initial training in educational organizations of the Ministry of Internal Affairs of Russia, physical training is positioned by legislation as one of the most important components of professional compliance. Prevention of diseases, maintenance of the functional state of the body at a high level and improvement of their own capabilities – the effect of systematic physical activity and sports. For police officers called upon to perform specific and often extremely energy-consuming tasks in a difficult situation, work on physical fitness, among other things, is an aid and a preventive measure that forms readiness to encounter offenders, resist them, and suppress criminal encroachments . Of particular importance in this regard is the professional and applied training of police officers.
Keywords: physical training, professional and applied training of police officers, combat techniques, means and methods of training, methods of physical development
Reference bibliographic list
1. Dottuev T. I. About some features of professional and applied training of employees of the internal affairs bodies of the Russian Federation / Physical education and sport: topical issues of theory and practice [Electronic edition]: collection of materials of the All-Russian Scientific and Practical Conference (Rostov-on-Don, April 5, 2018)
2. Gubzhokov A. Kh., Dadov A. V. Methods for optimizing the physical training of employees of law enforcement agencies of the Ministry of Internal Affairs of Russia // Innovations and traditions in modern education, psychology and pedagogy: a collection of articles of the International Scientific and Practical Conference. – Orenburg, 2017.
3. Groshevikhin I. V. Modern directions for improving the efficiency ofprofessional-applied physical training.
PSYCHOLOGY AND LAW
GOFMAN Alexander Anatoljevich
associate professor of Combat and tactical special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
THE INFLUENCE OF INDIVIDUAL PSYCHOLOGICAL AND PSYCHOPHYSIOLOGICAL QUALITIES OF A PERSON ON THE RESULTS OF FIRING FROM A COMBAT WEAPON
The article presents the problems of the dependence of the effectiveness of firing combat weapons on the presence of formed psychological and psychophysical qualities in a person. The psychological features of training in shooting combat weapons are highlighted, attention is paid to the moral and psychological training of shooters, a method of psychotechnical training is given, and ways of training law enforcement officers to act in extreme situations with the use of combat weapons are proposed.
Keywords: fire training, psychological and psychophysiological qualities, shooting from military weapons, law enforcement officer, extreme situations.
Reference bibliographic list
1. Kolesnikov A.S. Psychological training of the shooter. // Young scientist. – 2019. – No. 23 (261). – P. 367.
2. Medvedev A. V., Vetrova Yu. V., Myasishcheva Yu. V. Psychological training of a cadet shooter // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P. 83.
3. Nakhodkin V. V. The role of psycho-regulatory training in the implementation of an individual program for preparing a shooter for competitions. Uchenye zapiski universiteta im. P. F. Lesgaft. – 2010. – № 4. – P. 71.
4. Solonitskaya E. V., Mitrakova E. N. Psychological aspects of the prelaunch state of the shooter: problems and solutions // Yurist-Pravoved. – 2015. – № 2. – P. 34.
5. Meshcheryakova E. I., Sibirko M. A. Fire training as a condition for the formation of moral and psychological stability // Psychopedagogy in law enforcement agencies. – 2019. – № 1.
PSYCHOLOGY AND LAW
SOLYANKINA Lyudmila Egorovna
Ph.D. in science psychologicals, professor of Criminalistics 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
KIKTEV Alexander Valerjevich
lecturer of Criminalistics 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
CHETVEROUS Alexey Nikolaevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
PSYCHOLOGICAL MECHANISMS OF CAREER GROWTH OF A FUTURE POLICE OFFICER IN THE CONDITIONS OF HIS UNIVERSITY TRAINING
This article presents the results of research in the field of formation of professional competence of future police officers. It is shown that active career management is a key condition for achieving professional and even wider life success of a person. The evidence base on the need for psychological and organizational support for building a professional career of police officers at the stage of university training at the early stages of its professionalization (in fact, the career of a cadet-graduate) is given. The essential characteristics of the mechanisms of career growth are revealed, which allow cadets and students to determine the compliance of their level of professional competence with the requirements imposed on them by the profession, and to outline career prospects for themselves.
Keywords: psychological mechanisms, career, police officer.
Reference bibliographic list
1. Solyankina L. E. Professional competence of a specialist as a practice-oriented construct: psychological and acmeological aspect [Text]: monograph. – Tambov: Publishing House of TSU im. G. R. Derzhavina, 2010. – 196 p.
2. Derkach A. A., Zazykin V. G., Markova A. K. Psychology of development of professionalism [Text]. – M.: Publishing House of the RAGS, 2000. – 128 p.
3. Solyankina L. E. Psychological and acmeological concept of the development of professional competence of a specialist in a practice-oriented educational environment: Abstract of the thesis. … dis. doc. psychol. Sciences. – Tambov, 2011. – 44 p.
POLITICS AND LAW
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty of the North-Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, colonel of police
ARDAVOV Mikhail Mukhamedinovich
Ph.D. in Law, Headof Special disciplines sub-faculty of the North Caucasian Institute of Advanced Training (branch) of Krasnodar University of the MIA of Russia, colonel of police
CORRUPTION AS A SOCIOPOLITICAL PENOMENON
The article presents a socio-political approach to the treatment of criminal acts of corruption. The authors demonstrate a comprehensive principle of dealing with emerging corruption problems and justifies the need for society and individual citizens to assist law enforcement agencies in combating this type of crime.
Keywords: corruption, socio-political field of activity, authorities, civil society.
Reference bibliographic list
1. Bartsits I. N. Anti-corruption and modernization of public administration: the experience of Russia. – M.: RANEPA, 2011. – 62 p.
2. Bogdanov I. Ya. Corruption in Russia. Socio-economic and legal aspects. – M., 2008. – 137 p.
3. Dorokhov N. I. Some aspects of assessing corruption as a social and legal phenomenon // Military legal journal. – 2006. – No. 4. – P. 26-32.
4. Kirpichnikov A. I. Russian corruption. – M.: Lawyer, 2004. – 480 p.
SOCIOLOGY AND LAW
KHAIRULLINA Nursafa Gafurovna
Ph.D. in sociological sciences, professor, professor of Marketing and municipal management sub-faculty of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University
SOCIO-LEGAL BASES OF GRANT SUPPORT: ASSESSMENTS OF THE TYUMEN YOUTH
The article presents an analysis of a questionnaire survey of young people living in cities and rural settlements located in the south of the Tyumen region, which was carried out as part of the implementation of the scientific project of the All-Russian program of fundamental and applied scientific research “Ethno-cultural diversity of Russian society and strengthening the all-Russian identity” 2020-2022. a group of researchers from the universities of Belgorod, Kazan, Ufa, Tyumen and Barnaul (scientific supervisor of the project, Doctor of Science, Professor of BashSU Shaikhislamov R. B.) on the topic “Youth: new challenges, new opportunities”. The author analyzes issues related to the implementation of competitions and grants in the Russian regions aimed at developing creative youth. The results of the study show that not all young people seek to participate in such projects.
Keywords: grants, competitions, youth, grant support, social initiatives, employment.
Reference bibliographic list
1. Narkhov D. Yu., Narkhova E. N., Vishnevsky Yu. R., Repin V. P. Transformation of technologies of patriotic education in modern Russian higher education // Bulletin of the Tyumen State University. Socio-economic and legal research. 2019. V. 5. No. 1. P. 60-73.
2. Decree of the Government of the Russian Federation of September 9, 1996 No. 1061 (as amended on December 24, 2014) “On grants from the President of the Russian Federation to support creative projects of national importance in the field of culture and art” // Collection of Legislation of the Russian Federation, 1996, No. 28, Art. . 3358
3. Decree of the Government of the Russian Federation (No. 1061) “On grants from the President of the Russian Federation to support creative projects of national importance in the field of culture and art. [Electronic resource]. – Access mode: https://rulaws.ru/goverment/Postanovlenie-Pravitelstva-RF-ot-09.09.1996-N-1061/ (accessed 10.12.2022).
4. Khairullina N. G. Russian civil society: regional aspect // Eurasian legal journal. 2020. No. 4 (143). P. 375-376.
LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
KASHAEV Bulat Vakilevich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
THE ROLE OF MACHINE TRANSLATION IN INTERCULTURAL COMMUNICATION
As the title implies the article describes a concept as machine translation, which appeared only in the second half of the 20th century, but only recently began it’s fast development with the invention of powerful and accessible computers and the prevalence of the internet. The article discusses the main stages of development that machine translation has gone through in a short period of time and what problems exist in machine translation and how they are solved. Much attention is paid to how machine translation was influenced by the development of artificial intelligence, the usage of it has recently been widely discussed in various fields. Conclusions are drawn that modern machine translation has reached the moment when translation is carried out not only very quickly and efficiently, but also in real time in the form of a voice over or smartphone camera which makes the role of machine translation more significant in intercultural communication .
Keywords: interlanguage communication, artificial intelligence, neural machine translation, statistical machine translation, rule-based machine translation.
Reference bibliographic list
1. Abdullaeva Z. M., Rodionova Yu. I., Udakhina S. V. Linguistic support of information systems: textbook. – St. Petersburg: IEO SPBUTUiE, 2021. – P. 163.
2. Veledinskaya S. B. Course of the general theory of translation: textbook. – Tomsk: TPU Publishing House, 2010. – P. 230.
3. Latypova E. R., Sharafutdinova E. D. Intercultural communication in modern society // Questions of Pedagogy. – 2019. – No. 11-2. – P. 161-164.
4. Mamedova M. T. Machine translation. Evolution and main aspects of modeling. – Baku, 2006. – P. 258.
5. Marinskaya A. P., Tokareva K. D. Theory and practice of professionally oriented translation in the field of digital technologies: teaching aid. – St. Petersburg: SPbGUT im. M. A. Bonch-Bruevich, 2022. – 63 p.
6. Pribytkova V. I., Kushnareva T. V. Choice of a beginner translator: paper or electronic dictionaries, online programs // Youth Bulletin of ISTU. – 2021. -№ 1. – P. 142-147.
7. Somers H. L. Computers and Translation: A translator’s guide. – John Benjamins Publishing Company, 2003. – P. 349.
ECONOMY. RIGHT. SOCIETY
ALEXANDROV Andrey Vladimirovich
Ph.D. in economical sciences, associate professor, associate professor of Business informatics sub-faculty of the Saint-Petersburg State Institute of Technology (Technical University)
KHODOS Dmitriy Vasiljevich
Ph.D. in economical sciences, associate professor, professor of Economics production organizations sub-faculty of the Saint-Petersburg State Institute of Technology (Technical University)
INDUSTRIAL POLICY IN MODERN ECONOMIC CONDITIONS
The article is dedicated to the study of the peculiarities of industrial policy in modern economic conditions. Particular attention is paid to the approaches to the understanding and content of the policy of management of the industrial complex of the country. Also the distinctive features and modern benchmarks of industrial policy are outlined. Particular emphasis is placed on the impact of digital transformations and environmental threats on the measures, tools and directions of development of industries. Also the analysis of the current situation and scientific developments allowed to formalize the structure of modern industrial policy, which is based on six key concepts.
Keywords: industrial policy, digitalization, emissions, industrialization, economy, industry, data.
Reference bibliographic list
1. Zubkova O. V., Novikov E. V. Industrial policy as an object of state sectoral policy // Economic transformations: theory and practice. – 2020. – № 2. – S. 28-31.
2. Wigger, Angela The New EU Industrial Policy and Deepening Structural Asymmetries: Smart Specialization Not So Smart // Journal of common market studies. – 2023. – Volume 61. – Number 1. – R. 20-37.
3. Li, Yi Economic Policy Uncertainty, Industrial Intelligence, and Firms’ Labor Productivity: Empirical Evidence from China // Emerging markets finance & trade. – 2023. – Volume 59. – Issue 2. – R. 498-514.
4. Manchenko N. V., Artemiev D. S. Industrial policy: basic conceptual approaches // Economics and entrepreneurship. – 2020. – No. 5 (118). – P. 81-85.
5. Yudin N. N. Evaluation of the influence of industry 4.0 on the effectiveness of the implementation of industrial policy // Economics and management: problems, solutions. – 2022. – Vol. 3. – No. 11 (131). – P. 55-64.
6. Industrial transformations for sustainability, competitiveness and open strategic autonomy. – Luxembourg: Publications Office of the European Union, 2023. – 219 rubles
7. Senko A. N. Methodological approaches and practical aspects of the implementation of industrial policy in the innovation economy // Management Problems (Minsk). – 2021. – No. 1 (79). – P. 72-78.
8. Frolov V. G., Kaminchenko D. I. A model for coordinating and realizing the economic interests of industrial policy entities in a digital economy // Creative Economy. – 2020. – V. 14. – No. 12. – S. 3411-3426.
9. Firms and innovation in the new industrial paradigm of the digital transformation // Industry and innovation. – 2023. – Volume 30. – Number 1. – R. 1-16.
ECONOMY. RIGHT. SOCIETY
AMELICHKIN Artem Valerjevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Economics and management sub-faculty of the Orel State Institute of Culture
INTERNET MARKETING OF ORGANIZATIONS IN THE CREATIVE INDUSTRIES SECTOR
The content of the article is devoted to the complex use by organizations of the creative industries of modern communication tools of Internet marketing, which not only increase the demand for the services provided, but also allow modeling purchasing behavior, forming consumer preferences in favor of the positioned assortment. Today, organizations in the creative industries are forced to reorient their promotion strategy towards the use of Internet marketing tools, network communications, computer and digital technologies.
Keywords: Internet marketing, promotion, creative industries, social and cultural activities.
Reference bibliographic list
1. The concept of the development of creative (creative) industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030. Approved thrust. Government of the Russian Federation dated September 20, 2021 No. 2613-r. [Electronic resource]. – Access mode: basa.garant.ru (date of access: 11/25/2022).
2. Akulich M. V. Internet marketing: Textbook for bachelors. – M.: Publishing and Trade Corporation “Dashkov and Co”, 2020. – 352 p.
3. Annenkova A. A., Amelichkin A. V., Soboleva Yu. P. Innovative marketing communications in institutions of the social and cultural sphere // Bulletin of the Academy of Knowledge. – 2022. – No. 52 (5). – P. 18-23.
4. Amelichkin A. V. Marketing communications on the Internet and new media: a teaching aid for undergraduates. – Orel: OGIK, 2022. – 117 p.
5. Vasina N. V. Internet branding // Successes of modern science and education. – 2017. – Vol. 2. – No. 1. – P. 112-114.
6. Ketova N. P., Tokareva Yu. E. Internet marketing tools as a way to improve the efficiency of the commercial activity of an organization: management aspects // Management in economic and social systems. – 2022. – No. 1. (11). – P. 16-22.
7. Krivonosov A. D., Filatova O. G., Shishkina M. A. Fundamentals of the theory of public relations. – St. Petersburg: Piter, 2012. – 253 p.
8. Platonova E. I. Internet advertising as an object and subject of cultural creation // Abstract of the thesis. dis. … cand. cult.: 24.00.01. – Saransk, 2010. – 23 p.
9. Sazonova E. V., Fatova S. A., Kalegina A. A. Modern technologies of promotion in the sphere of culture // Petersburg Economic Journal. – 2020. – No. 4. – P. 48-55.
10. Sinyaeva I. M., Zemlyak S. V., Sinyaev V. V. Marketing communications: textbook. 5th ed. – M.: Dashkov i K, 2011. – 324 p.
11. Shesterkina L. P., Borchenko I. D. The main characteristics of new social media. Uchenye zapiski Zabaykalskogo gosudarstvennogo universiteta. Series: Philology, history, oriental studies. – 2014. – No. 2 (55). – P. 107-111.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KLYAVLIN Mars Salikhovich
Ph.D. in chemical sciences, professor of the Ufa State Petroleum Technical University
OPOIKOVA Sofia Mikhailovna
student of the Ufa State Petroleum Technical University
DANILOV Nikita Valerjevich
student of the Ufa State Petroleum Technical University
DANILOV Anton Valerjevich
student of the Ufa State Petroleum Technical University
ECONOMIC EFFICIENCY OF SEWAGE TREATMENT PLANTS WITH THE USE OF METHANE TANKS
In this article, the task is to study the use of methane released from waste from sewage treatment plants in methane tanks as a raw material for generating electricity.
Such greenhouse gas will not only cease to cause enormous damage to the atmosphere, decomposing in landfills and affecting global warming, but will also be generated into electricity capable of providing sewage treatment plants themselves, but also supplying other enterprises with it.
For a more complete study of the economic feasibility of using methane tanks as an alternative source of raw materials for generating electricity, a comparative characteristic is presented between sewage treatment plants (CBS) with waste removal to landfills and CBS using methane tanks. Shown: price analysis, all advantages and disadvantages. As a result, the strengths and weaknesses of the proposed braids with metal rods and their economic feasibility of use were revealed.
Keywords: Economic efficiency, methane, greenhouse gas, sewage treatment plants, methane tanks, utilization, economic feasibility of use.
Reference bibliographic list
1. SP 32.13330.2018 Sewerage. Outdoor networks and facilities
2. Study of the Global Methane Initiative (GMI). [Electronic resource]. – Access mode: https://www.globalmethane.org/documents/landfill_fs_rus.pdf (accessed 05.02.2023)
3. Price list for waste disposal. [Electronic resource]. – Access mode: https://www.contr-re.ru/tko_i_othodi_ochistki_stochnih_vod.html (accessed 05.02.2023)
4. Experience in the use of digesters, energy generation and energy efficiency – Transcript of the report of Ph.D. biol. Sciences. M. V. Kevbrina. [Electronic resource]. – Access mode: http://www.energosovet.ru/bul_stat.php?idd=360 (accessed 05.02.2023)
5. Energy efficiency of treatment facilities – E. I. Pupyrev, Doctor of Engineering. Sciences, Professor, General Director of OAO MosvodokanalNIIproekt. [Electronic resource]. – Access mode: https://www.abok.ru/for_spec/articles.php?nid=6050 (accessed 05.02.2023)
6. Methane Matters report by Changing Markets and GAIA experts. [Electronic resource]. – Access mode: https://rusecounion.ru/ru/methane-matters (accessed 05.02.2023)
7. Yusupov D. D., Talipov R. A., Klyavlin M. S., Klyavlina Ya. M. Energy saving measures in the operation of heat exchange equipment for hot water supply. Water supply, sanitation and environmental protection systems. – 2020. – P. 239-244
8. Gafizov O. F., Syundyukova D. R., Klyavlin M. S. Influence of alternative energy sources on the heat supply of civil and industrial buildings. – 2021. – P. 82-84
ECONOMY. RIGHT. SOCIETY
KOSTYLEVA Elena Gennadjevna
Ph.D. of sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
Bondarenko Alexander Viktorovich
Ph.D. in science philosophicals, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technological University
LEVASHOV Dmitriy Andreevich
magister in the field of study “Chemical technology of natural energy carriers and carbon materials”, “Economy” of the Ufa State Petroleum Technological University
ASSESSMENT OF ECONOMIC RISKS OF TECHNOLOGICAL SOLUTIONS IN THE PRODUCTION OF PETROLEUM PRODUCTS
The article focuses on the need for constant analysis of the system for assessing financial risks at oil refineries. The authors conducted an economic study to study the state of the risk assessment system in Russia.
Keywords: economic risks, financial risks, oil refinery.
Reference bibliographic list
1. Bondarenko A. V. Strong Russia is a guarantee of regional stability and security // Eurasian Law Journal. 2014. No. 7 (74). P. 8-10.
2. Bondarenko A. V. Cost thinking. Evolution of views on business performance // Marketologist. 2006. No. 8. P. 9.
3. Gaysina L. M., Levashov D. A. Labor collective as an institution of social rehabilitation of people with disabilities // Intelligent technologies and means of rehabilitation and habilitation of people with disabilities (ITSR-2018). Proceedings of the III International Conference. 2018. P. 325-329.
4. Grogulenko N.V., Levashov D.A. The value of “digital competencies” of specialists for the development of information technologies in oil and gas enterprises // Eurasian legal journal. 2022. No. 5 (168). pp. 436-437
5. Kostyleva E. G., Valeev M. R. Influence of globalization on the development of the fuel and energy complex // Eurasian Law Journal. 2021. No. 5 (156). pp. 451-452.
6. Kadyrova G. F., Gindullin N. F., Dallakyan G. R. Industrial conflict as an integral part of modern society // Eurasian Law Journal. 2015. No. 10 (89). pp. 278-280.
7. Kadyrova G. F., Gindullin N. F., Bondarenko A. V., Dallakyan G. R. Objective and subjective conditions for regulating industrial conflicts in a transformational society // Eurasian Law Journal. 2016. No. 11 (102). P. 358-360.
8. Kostyleva E. G., Safin T. I., Galin I. N. Influence of digitalization of economy on social re-sponsibility of engineering workers of fuel and energy complex // Eurasian Law Journal. 2020. No. 7 (146). pp. 446-447.
9. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Impact of the process of digitalization of the economy on deviant forms of economic behavior // Business 4.0 as a Subject of the Digital Economy. Cham, 2022, pp. 433-438.
10. Mikrina VG International legal mechanisms for protecting the labor rights of domestic workers // Eurasian Law Journal. 2018. No. 3 (118). pp. 118-122.
ECONOMY. RIGHT. SOCIETY
LITVINOVA Valentina Sergeevna
Ph.D. in agricultural sciences, associate professor, Institute of Economics and Management of the Agroindustrial Complex of the Krasnoyarsk State Agrarian University
SHITOVA Tatyana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Krasnoyarsk State Agrarian University
LOGISTICS SUPPORT OF BUSINESS PROCESSES IN THE AGRO-INDUSTRIAL COMPLEX: THEORY AND PRACTICE ISSUES
The article analyzes the institution of the agro-industrial complex of modern Russia and the logistics transportation system that accompanies business processes. The authors reveal the issues of the efficiency of logistics transportation in the food security system of the Russian Federation. The article reflects the characteristic features of information products, their essence, positive and negative sides, as well as their impact on efficiency in building forms of development of small and medium-sized businesses in the agro-industrial complex, taking into account the use of logistics forms.
Keywords: agro-industrial complex logistics processes, information technology, efficiency, business processes, logistics.
Reference bibliographic list
1. Russian Federation. On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030: Decree of the President of May 9, 2017 No. 203: [website]. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022). Text: electronic.
2. Decree of the Government of the Russian Federation of December 29, 2021 No. 3971-r “On approval of the strategic direction in the field of digital transformation of the sectors of the agro-industrial and fishery complexes of the Russian Federation for the period up to 2030”. [Electronic resource]. – Access mode: https://www.consultant.ru/ (date of access: 12/22/2022). Text: electronic.
3. Fastovich GG To the question of the implementation of the principle of efficiency in the activities of the mechanism of the state // Law and state: theory and practice. – 2010. – No. 12 (72). – P. 23-25.
4. Fastovich G. G., Osipova E. S. On the issue of providing land plots for the needs of diplomatic missions: a theoretical aspect // Agrarian and land law. – 2019. – No. 10 (178). – P. 4-5.
5. Zaruba D. S., Sitnikova K. N., Fastovich G. G. The problem of the agro-industrial complex in the regions of Russia // International Journal of Humanities and Natural Sciences. – 2019. – No. 3-2. – P. 52-55.
6. Fastovich G. G., Litvinova V. S., Ignatenko V. A. Effective personnel policy as one of the criteria for the activity of the state mechanism // Eurasian legal journal. – 2020. – No. 10 (149). – P. 81-82.
7. APK of the Krasnoyarsk Territory 2021. Presentation. Official site of the Ministry of Agriculture and Trade of the Krasnoyarsk Territory. [Electronic resource]. – Access mode: https://www.krasagro.ru/presentations/ (date of access: 12/25/2022). Text: electronic.
ECONOMY. RIGHT. SOCIETY
ORLOV Sergey Leonidovich
Ph.D. in economical sciences, professor, chief researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, leading researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation
SPECIAL PURPOSE OF MODERN AGGLOMERATIONS OF RUSSIA
The relevance of the article is due to the formation at the present of the modern spatial structure of Russia, capable of effectively countering geopolitical challenges and ensuring the protection of national interests, sovereignty and territorial integrity of the state. The purpose of the work is to find scientifically based and promising directions for the development of the national space, taking into account accelerating agglomeration processes that ensure the most effective use of the country’s existing economic potential at the stage of transition to a new system of world economic relations. One of the most important elements of the future spatial organization can be considered the growth of cities as centers of settlement and the active formation of urban agglomerations. The article analyzes the role of cities as centers of population concentration and, therefore, their special influence on the territorial environment. It is noted that despite the versatility of research, for the most part, strategic issues of the influence of megacities on the spatial features of the modern development of Russia are not clearly formulated, and their significance, especially in strategic aspects, is considereded very limited. Based on the analysis of the existing structure of the Russian space, the current development trends noted in the studies of a number of Russian authors, the most promising features and trends in the field of territory development were identified and an expert assessment of the results of their implementation was given.
Keywords: urban agglomerations, spatial development, national development goals, settlement system, scientific-technological and cultural potential, metropolis, agglomeration environment, interregional territory.
Reference bibliographic list
1. Antonov E. V., Makhrova A. G. Largest urban agglomerations and forms of settlement of the supraglomeration level in Russia. Izvestiya Rossiiskoi Akademii Nauk. Geographic series. – 2019. – No. 4. – P. 31-45.
2. Zamyatina N. Yu., Pilyasov A. N. Russia, which we have found: exploring space at the microlevel. – M.: New Chronograph, 2013. – 548 p.
3. A. G. Makhrova, T. G. Nefedova, and A. I. Treivish, “Polarization of the space of the Central Russian megalopolis and population mobility,” Vestnik Mosk. university Ser. 5. Geography. – 2016. – No. 5. – P. 77-85.
4. Musinova N. N. Development of urban agglomerations as one of the directions of the Strategy for Spatial Development of Russia. Bulletin of the University (State University of Management). – 2019. – No. 2. – P. 46-51.
5. Orlov S. L. Modern space of Russia: new approaches and concepts: monograph. – M .: Publishing and Trade Corporation “Dashkov and K”, 2023. – 242 p.
6. Orlov S. L. Strategy for Russia in a turbulent world // World of Changes. – 2020. – No. 1. – P. 39-51.
7. Orlov S. L., Stroev P. V., Dudnik A. I. The Arctic Territory as a National Treasure of Russia in the Modern World // Actual Problems of Economics and Law. – 2021. – T. 15. – No. 4. – P. 677-685.
8. Spatial Development of Modern Russia: Trends, Factors, Mechanisms, Institutions, Ed. E. A. Kolomak. – Novosibirsk: Publishing House of the Institute of Economics and Trade of the Siberian Branch of the Russian Academy of Sciences, 2020. – 502 p.
9. Stroev P. V. Spatial organization of the Russian economy: trends and prospects for the development of cities as points of economic growth. – M.: A-project, 2015. – 144 p.
10. Stroev P. V., Morkovkin D. E., Makar S. V. Current trends in the development of agglomerations // Creative Economy. – 2020. – Volume 14. – No. 11. – P. 2693-2712.
11. Fattakhov R. V., Makar S. V., Konishchev E. S. Modern agglomeration processes in the spatial development of Russia // Problems of modern economics. – 2021. – No. 4 (80). – P.136-140.
12. Official site of the Russian Academy of Sciences. [Electronic resource]. – Access mode: http//www.ras.ru/ (date of access: 24.01.2023).
13. Official website of the “Rossiyskaya Gazeta”. [Electronic resource]. – Access mode: http//www.rg.ru/ (date of access: 24.01.2023).
14. Official website of the Federal State Statistics Service. [Electronic resource]. – Access mode: http://www.gks.ru/ (date of access: 24.01.2023).
ECONOMY. RIGHT. SOCIETY
OSIPOVA Irina Mikhaylovna
Ph.D. in economical sciences, associate professor of Management sub-faculty of the Irkutsk National Research Technical University
PEREPELKINA Irina Alexandrovna
student of the PM-18 group of the Irkutsk National Research Technical University
BAYASKALANOVA Tuyana Alexandrovna
Ph.D. in economical sciences, associate professor of Management sub-faculty of the Irkutsk National Research Technical University
SEMENOV Evgeniy Yurjevich
Ph.D. in economical sciences, Vice-Rector for Work with State Agencies and Industrial Partners of the Irkutsk National Research Technical University
ANALYSIS OF PREREQUISITEFOR ECONOMICS OF LOW CARBON DEVELOPMENT
The article is dedicated to the analysis of the prerequisites for the development of a low-carbon economy (LCE). Dynamic changes in global environmental problems, the chronology of events are adopted by the world community in relation to the promotion of LCE. There are the disadvantages of the transition and the attitude of countries to the LCE in the article. The historical chronology of the regulatory framework’s development for the promotion of LCE in Russia is described, a dynamic analysis of the ecological development of Russia has been carried out, and the consequences of the transition to a low-carbon economy for the Russian Federation are considered .
Keywords: low-carbon economy, green economy, global environmental problems, decarbonization of the economy.
Reference bibliographic list
1. Bashmakov I. A. The strategy of low-carbon development of the Russian economy. Voprosy ekonomiki. – 2020. – No. 7. – S. 51-74.
2. Bobylev S. N. New economic models and indicators of sustainableabout development // Economic revival of Russia. – 2019. – No. 3. – S. 23-29.
3. Kudryavtseva O. V., Mitenkova E. N., Malikova O. I., Golovin M. S. Development of alternative energy in Russia in the context of the formation of a low-carbon economy model. Bulletin of the Moscow University. – 2019. – No. 4. – S. 122-139.
4. Porfiriev B. N., Shirov A. A., Kolpakov A. Yu. Low-carbon development strategy: prospects for the Russian economy // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2020. – T. 64. – No. 9. – S. 15-25.
5. Ratner S. V., Berezin A. E. Analysis of the policy of transition to a low-carbon economy: financial aspects // Finance and credit. – 2019. – T. 25. – No. 7. – S. 1646-1662
6. Yashalova N. N., Ruban D. A. Ecological and economic prerequisites for Russia’s transition to a low-carbon economy // Regionology. – 2021. – T. 29. – No. 4. – S. 746-767.
ECONOMY. RIGHT. SOCIETY
POPOVA Vera Borisovna
Ph.D. in economical sciences, associate professor of Finance and accounting sub-faculty of the Michurinsk State Agrarian University
LOSEVA Alla Sergeevna
Ph.D. in economical sciences, associate professor of Finance and accounting sub-faculty of the Michurinsk State Agrarian University
AKINDINOV Valery Viktorovich
Ph.D. in economical sciences, associate professor of Finance and accounting sub-faculty of the Michurinsk State Agrarian University
TRANSFORMATION OF THE FUNCTIONS AND CONTENT OF MICROECONOMIC ANALYSIS
The article reflects the development of economic analysis, characterized by the unity of an integrated approach to the study of the economic activity of the organization and the formulation of thematic analytical tasks. The characteristics of financial, managerial, situational, strategic analysis as key areas of microeconomic analysis are given, the limitations of their application are indicated. An overview of analytical software products is made. The possibilities of artificial intelligence and machine learning in management are considered.
Keywords: easement, microeconomic analysis, financial analysis, management analysis, situational analysis, strategic analysis, intellectual analysis, economics.
Reference bibliographic list
1. Egorova S. E., Bogdanovich I. S. Prospects for the use of information technologies in accounting in the context of business globalization. Nauchno-tekhnicheskie vedomosti. SPbSPU. Economic sciences. 2019. V. 12. No. 6. S. 38-48. DOI: 10.18721/JE.12603
2. Popova V. B., Ivanova O. I. Financial analysis of the organization, taking into account the requirements of external and internal users // Accounting, analysis, audit and taxation: problems and prospects: Collection of articles of the VIII All-Russian scientific and practical conference, Penza, January 15-16, 2020. Penza: Penza State Agrarian University, 2020. P. 152-155.
3. Popova V. B., Fetskovich I. V. Application of discriminant models to assess the risk of bankruptcy of an agrarian organization // Original Research. 2020. V. 10. No. 9. S. 5-14.
4. Samoilov AD The use of modern technologies in the financial analysis of the enterprise // Economics and business: theory and practice. 2019. No. 3-2. pp. 100-103. – DOI 10.24411/2411-0450-2019-10446.
ECONOMY. RIGHT. SOCIETY
SKVORTSOVA Nataliya Aleksandrovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
MAKAROVA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
MARCHENKOVA Liliya Mikhaylovna
Ph.D. in economical sciences, associate professor of the Central Russian Institute of Management – branch of the RANEPA under the President of the Russian Federation
FEATURES OF CONSUMER BEHAVIOR OF THE RUSSIAN BUYER AND MEASURES TO SUPPORT RUSSIAN BUSINESS IN THE CONTEXT OF IMPORT SUBSTITUTION
The purpose of the study is to analyze the features of the purchasing behavior of the Russian consumer after the introduction of economic sanctions in 2022. The article studies the transformations of consumer behavior and their response to changes due to global geopolitical factors, as well as the identification of new trends and motives for purchases. This problem is especially relevant and important for Russian business to study.
Measures to support Russian business, which are aimed at accelerating import substitution, are considered. The authors consider Russian business as a catalyst for economic renewal. And for this it is necessary to understand and analyze the behavior of the Russian consumer more deeply.
The authors focus on the changed reaction of Russian consumers to Western goods and brands. The article systematizes information about the influence of the main factors on the choice of the buyer: price, purchasing power, location of the outlet. Much attention in the article is focused on the role of the online store, measures for the development of Russian content, its effectiveness and accessibility.
Keywords: import substitution, purchasing behavior, customer reaction, sanctions, citizen support, priority products.
Reference bibliographic list
1. Akhmedova M. B. Features of consumer behavior // Education and science without borders: social and humanitarian sciences. – 2020. – No. 13. – P. 91.
2. Gnezdilov Yu. V. Consumer market // Proceedings of the St. Petersburg State University of Economics. – 2020. – No. 1 (121). – P. 54.
3. Degtyarev D. S. Evaluation of the level of influence of factors of consumer behavior in the market // Enterprise strategy in the context of increasing its competitiveness. – 2020. – No. 9. – P. 155.
4. How Consumer Behavior Changed in February and March 2022: Research Review. – [Electronic resource]. – Access mode: https://www.sostav.ru (date of access: 26.02.2023).
5. Monitoring of consumer holding. – [Electronic resource]. – Access mode: https://tiburon-research.ru/consumer-behavior-monitoring.
6. Consumer market of the Oryol region. – [Electronic resource]. – Access mode: https://invest-orel.ru/articles-obl/potrebitelskiy_rynok (date of access: 02/22/2023).
7. Get into the minds of customers and get ahead of the competition. – [Electronic resource]. – Access mode: https://www.gfk.com/ru/insights/get-ahead-by-getting-inside-the-minds-of-your-consumers-ru (Accessed: 02/19/2023).
8. Skvortsova N. A. Marketing planning of a company in the paradigm of business management // Scientific and practical conference of students, students, undergraduates, graduate students “Convergence of the social, humanitarian and natural sciences”: a collection of scientific papers (Issue 10) / Ed. . E. A. Sotnikova. – Eagle: OrelGUET. – 2018. – P. 141.
9. Skvortsova N. A., Makarova T. N. Features of the competency-based approach as a leading component of the marketing management system at the enterprise. Vestnik OrelGIET. 2019. – No. 4(50) – P. 75. DOI: 10.36683/2076-5347-2019-4-50-94-99.
10. FMCG & RETAIL TRADE MARKETING FORUM 2022. – [Electronic resource]. – Access mode: https://www.retail.ru/articles/reaktsiya-pokupatelya-na-sobytiya-fevralya-marta-2022-novye-trendy (date of access: 26.02.2023).
ECONOMY. RIGHT. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Economics and management sub-faculty of the Orel State Institute of Culture
PYANOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor of Service sub-faculty of the I. S. Turgenev Orel State University
FORMATION OF THE INSTITUTIONAL INFRASTRUCTURE OF THE CREATIVE ECONOMY
Creative economy includes knowledge-based economic activities that combine art, culture, technology and business into a single mechanism. The formation and development of this sector of the economy is impossible without the formation of an institutional infrastructure that ensures effective interaction of all economic subjects. The absence of appropriate infrastructure hints the full development of the creative economy and its performance as a driver of the entire economy.
Keywords: creative economy, creative product, institutions, institutional structure, institutional infrastructure.
Reference bibliographic list
1. Abankina T. V. Creative economy in Russia: new trends // Journal of the New Economic Association. – 2022. – No. 2 (54). – P. 221-228.
2. Evmenov A. D., Baikov E. A., Enikeeva L. A. [et al.] Creative industries in a digital economy / Ed. ed. A. D. Evmenova; Ministry of Culture of the Russian Federation, St. Petersburg State Institute of Cinema and Television. – St. Petersburg: SPbGIKiT, 2020. – 180 s
3. Petrova V. Legislation in support of simple creativity // Kommersant. – 12/22/2021. – S. 2.
4. Petrova V. Cultural resolution // Kommersant. – 09/28/2021. – S. 2.
5. Solovieva I. A. Creative industries as a factor in the development of the country’s economy // Modern design technologies: theory and practice of implementation: materials of the II Interregional scientific and practical conference, Oryol, May 26, 2022. – Oryol: Oryol State Institute of Culture, 2022. – P. 163-165.
ECONOMY. RIGHT. SOCIETY
TABURCHAK Aleksey Petrovich
Ph.D. in economical sciences, professor, Dean of the Faculty of Economics and Management of the Saint-Petersburg State Technological Institute
TRETYAK Viktoriya Viktorovna
Ph.D. in economical sciences, professor, of Management and marketing sub-faculty of the Saint-Petersburg State Technological Institute
DOROGOVTSEVA Anna Anatoljevna
Ph.D. in economical sciences, associate professor, professor, Head of personnel management and advertising sub-faculty of the Saint-Petersburg State Technological Institute
EVALUATION OF THE LEVEL OF MOBILITY IN THE RUSSIAN LABOR MARKET
The relevance of the article is due to the need to ensure an effective labor market for the implementation of the main social functions for a person: the right to work. The article presents a description of the main trends in the development of the Russian labor market in modern conditions, which are influenced by global factors. The results of a statistical analysis of individual indicators of the development of the labor market and an assessment of the mobility of workers are presented. Developments are formulated labor: development constraints, an unbalanced market by region, an increase in the demand for Internet employment, a decrease in employment in the total population, and key prospects: stimulating regional mobility among young people, increasing advanced training courses and retraining in the field of digital competencies.
Keywords: professional mobility, wages, factors, labor market structure.
Reference bibliographic list
1. Khokhlova M. G. Occupational labor force mobility in Russia // Analysis and forecast. Journal of IMEMO RAS. – 2022. – No. 4. – P. 74-83.
2. Eremina I. Yu., Chuprova A. V., Eirikh G. O. Mobility and development of personnel in the conditions of formation of Internet employment // Social and labor research. – 2021. – No. 2 (43). – P. 45-53.
3. Ostapenko V. A., Morozova I. M., Kazantseva N. V. Development of new forms of employment in the context of digital transformation of the economy // E-Management. – 2022. – № 3. – S. 64-72.
4. Mavlyutov R. R., Belyaev M. K. On the issue of the growth of labor mobility of Russian citizens in the context of the digitalization of society // Bulletin of the Belarusian State University. Economics and Management. – 2021. – No. 2. – P. 33-42.
5. Pleshchenko V. I. To the question of the archaization of labor and consumption in modern Russian society // Russia and the modern world. – 2022. – No. 2 (115). – P. 228-243.
6. Labor and employment in Russia. Statistical collection. – Moscow: Rosstat, 2021. – 179 rubles
7. Young people will be paid almost 117 thousand rubles for looking for work. [Electronic resource]. – Access mode: https://www.ng.ru/economics/2022-07-18/1_8489_mobility.html (date of access: 03/05/2023).
8. Sigitova M. A., Filippova K. V. Key features of youth that determine behavior in the labor market // Society: sociology, psychology, pedagogy. – 2021. – No. 8 (88). – P. 79-84.
9. Ivanova T. B., Mitrofanova I. V. Remote employment: the expansion of anti-migration factors (on the example of the subjects of the Southern Federal District) // Vestnik VolGU. Series 3: Economy. Ecology. – 2021. – No. 3. – S. 26-37.
10. Sokolova A. A. Return labor migration in Russia: scope and trends // Issues of territorial development. – 2022. – № 2. – S. 9.
11. Sinyavskaya O. V., Chervyakova A. A., Gorvat E. S. Analysis of factors of exit from the labor market at the age of 45 years and older in Russia: the role of employment characteristics, job changes and education // Sociological Journal. – 2022. – № 2. – P. 50-72.
ECONOMY. RIGHT. SOCIETY
TAKMAKOVA Elena Valerjevna
Ph.D. in economical sciences, associate professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
ZAYTSEV Aleksey Gennadjevich
Ph.D. in economical sciences, associate professor, professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Oryol State University
ALEKKSAKHIN A.N.
Ph.D. in pedagogical sciences, associate professor, associate professor of V. V. Dick Information management and information and communication technologies sub-faculty of the Moscow Financial and Industrial University “Synergy”
INFORMATION SOCIETY IN THE RUSSIAN FEDERATION: DYNAMICS OF DEVELOPMENT INDICATORS
The article provides a statistical analysis of indicators characterizing the dynamics of the development of the information society in the Russian Federation, in particular: the availability and use of information technologies and information and telecommunication networks in households; the use of mobile phones, personal computers, the Internet by the population; the use of the Internet by the population.
Keywords: digital economy, information society, information technology, Internet access.
Reference bibliographic list
1. Erofeev A. A. Methods of a comprehensive statistical analysis of the development of informatization in the regions of the Russian Federation // Accounting, statistics. – 2010. – No. 11 (72). – P. 238-242.
2. Zaitsev A. G., Takmakova E. V. Statistical analysis of the development of the information society in the regions of the Russian Federation // Statistics in the digital economy: training and use. Materials of the international scientific-practical conference. – St. Petersburg: St. Petersburg State University of Economics, 2018. – S. 50-52.
3. Information society in the Russian Federation. 2020. Stat. Sat. / Federal State Statistics Service; NRU “Higher School of Economics”. – M.: NRU HSE, 2020. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/lqv3T0Rk/info-ob2020.pdf (date of access: 01/02/2023).
4. Monitoring the development of the information society in Russia. [Electronic resource]. – Access mode: https://rosstat.gov.ru/statistics/infocommunity (date of access: 02.01.2023).
ECONOMY. RIGHT. SOCIETY
TARAN Alexander Nikolaevich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
OGRYZA Alexander Vitaljevich
Head of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TARAN Kirill Alexandrovich
cadet of the V.Ya. Kikot Moscow University of the MIA of Russia
RUSSIA’S RESOURCE CURSE
The article deals with the problem of the emergence of a resource curse in countries, which in turn destroys the entire economic sphere of our life. Hypotheses and solutions to this problem. The meaning of the resource curse and its essence as the main destroyer of the economy and the country as a whole. Under the influence of the resource curse in the historical aspect, many countries developed, but in the end they collapsed or faced an economic crisis that completely changed the country’s economy. The task of society and the state is to place the resource curse within certain limits, limit its scope so that it does not undermine the economic foundations of the existence of our country and, as a result, create an effective mechanism for managing and controlling the flow of funds not only into hydrocarbon production, but also into other sectors of the economy.
Keywords: resource curse, hydrocarbon wealth, oil dependence, problems of economic development.
Reference bibliographic list
1. Muzafin R. R. National values in the Soviet period and in our time // Eurasian legal journal. – 2016. – No. 6 (97). – S. 64-66. – EDN WFJDPF.
2. Sadovskaya V., Shmat V. The paradox of the “resource curse”: cross-country analysis* // Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2017. – Volume 61. No. 3. – P. 25-35.
3. Kuyan M. A. The resource curse of Russia: myth or reality // Bulletin of the Omsk University. Series “Historical Sciences”. – 2016. – No. 1 (9). – P. 140-143.
4. RBC.RU. Business information space. The price of oil futures. [Electronic resource]. — Access mode: https://quote.rbc.ru/ticker/181206
5. Bulte E., Damania R. Corruption, Democracy and the Natural Resource Curse // Economic Research. University. Adelaide. – 2003.
6. Stijns J.-P. Natural resource abundance and human capital accumulations. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/abs/pii/S0305750X06000453?via%3Dihub
7. Movchan A. A., Mitrov A. O. Cursed economies. – Moscow: AST Publishing House, 2020. – 464 p. (economic worlds). pp. 193-197.
ECONOMY. RIGHT. SOCIETY
FAYZULLIN Fanil Saitovich
Ph.D. in science philosophicals, professor, Academician of the Academy of Sciences of the Republic of Bashkortostan, chief researcher of the Institute for Socio-Economic Research of the Ufa Federal Research Center of the Russian Academy of Sciences
FAYZULLIN Tagir Fanilevich
Ph.D. in sociological sciences, Rector of the Institute for Continuing Professional Education in Health Care at the Medical Chamber of the Republic of Bashkortostan
MAIN CONCEPTS OF SOCIAL CAPITAL IN RUSSIAN SCIENCE
Studies of the problems of social capital and its implementation in recent years have become the subject of active analysis as a priority area of domestic science, contributing to the intensification of the country’s development. Domestic scientists have made a certain contribution to the research and development of various forms of its use in various sectors ofthe life of society. At the same time, the study of the scientific literature devoted to this topic gives grounds to conclude that a common fundamental theoretical and methodological basis for studying the development and implementation of social capital has not yet been developed. And at present, this phenomenon is mainly considered as a socio-psychological phenomenon and its main characteristics are considered to be norms, trust and social ties. Here one can trace the mechanical repetition of the ideas of a number of foreign specialists. The article substantiates the need to create theoretical and methodological foundations for the analysis of social capital as a system and develop a mechanism for its implementation.
Keywords: social capital, social and socio-psychological relations, trust, norms, social ties, communities and associations, civic engagement, responsibility.
Reference bibliographic list
1. Fayzullin F. S. Social capital and the development of technology for its implementation // Problems of Oriental Studies. 2021. No. 1. P. 23-30.
2. Radaev VV Concept of capital, forms of capital and their conversion // Economic sociology. 2002. V. 3. S. 20-32.
3. Shikharev P. N. The nature of social capital: socio-psychological approaches // Social sciences and modernity. 2008. No. 3, p. 17-32.
4. Belyaeva L.A. Social capital in Russia and problems of entrepreneurial activity // Philosophical sciences. 2016. No. 10.
5. Feizba M. Ya. Social capital as a factor in the economic development of the territory: Abstract of the thesis. … Ph.D. M., 2007. 18 p.
6. Raksha S. V. Institutionalization of social capital in a market economy: Abstract of the thesis. … Ph.D. Rostov n/a. 2005. 19 p.
7. Kurbatova M. V., Aparina N. F. Social capital of an entrepreneur: forms of its manifestation and features in the modern Russian economy // Economic Bulletin of the Rostov State University. 2008. No. 4. S. 45-61.
8. Konkov A.T. Social capital and economic interaction: Abstract of the thesis. … d.soc.s. M., 2006. 38 p.
9. Igumenov O. A. Socio-economic meaning of the concept of “social capital” // Bulletin of the Eurasian Science. 2019. No. 1. P. 12-25.
10. Blok M., Golovin N. A. Social capital: towards a generalization of the concept // Bulletin of St. Petersburg. university. 2015. Ser. 12. Issue. 4. P. 99-111.
11. Tikhonova N. E. Social capital as a factor of inequality // Social sciences and modernity. 2004. No. 4. P. 24-35.
12. Afanasiev D. A. To the study of the role of the social capital of regions in the conditions of the socio-economic crisis // Economic and social changes: facts, trends, forecast. 2015. No. 4 (40). pp. 88-108.
13. Pochebut A. G., Chiker V. A., Volkova N. V. Socio-psychological model of the organization’s cognitive social capital: concept and research aspects. Organizational Psychology. 2018. V. 8. S. 47-71.
14. Germanov I. A., Plotnikova E. B. Conceptualization and operationalization of the concept of “social capital” in the study of organizations // Bulletin of the Perm University. Philosophy. Psychology. Sociology. 2017. Issue. 1. P. 106-114.
15. Kosyrev V. S., Pavlov P. N., Kaukin A. S. Social capital as a factor in the economic growth of Russian regions // Economic policy. 2019. V. 14. No. 5. P. 124-149.
16. Social capital of modern society. Materials of the All-Russian scientific conference. St. Petersburg, October 25-26, 2012. St. Petersburg: Skifiya-Print, 2012. 406 p.
17. Tatarko A. N. Social capital as an object of psychological research. M., 2011. 160 p.
18. Pochebut L. G., Sventsisky A. L., Mararitsa L. V., Kazantseva T. V., Kuznetsova I. V Social capital of personality. M.: INFRA-M, 2021. 250 p.
19. Polishchuk E.A. Social capital and its role in economic development // Bulletin of St. Petersburg. university. 2005 Ser. 5. Issue. 1. No. 3-15 p.
20. Diskin I.E. Modernization of Russian society and social capital // Public Opinion Monitoring. 2003. No. 5-6.
ECONOMY. RIGHT. SOCIETY
FASTOVICH Galina Gennadjevna
senior teacher of Theory 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
ON THE QUESTION OF THE APPLICATION OF INFORMATION TECHNOLOGIES IN THE LOGISTICS PROCESSES OF THE AGRO-INDUSTRIAL SECTOR (BY THE EXAMPLE OF THE STUDY OF THE EXPERIENCE OF THE DEVELOPMENT OF THE KRASNOYARSK REGION)
The article analyzes the Institute of Information Technology and its role in various sectors of production in modern Russia. The authors reveal the introduction of information technologies in the development of logistics processes in the agro-industrial sector, as well as their impact on the effectiveness of state regulation in general. The problems associated with the introduction of information technologies in the sector of agro-industrial development of the Krasnoyarsk Territory are determined. In the course of the study, conclusions are drawn about the problems and opportunities for the further implementation of information technologies in the regional sectors of logistics processes.
Keywords: logistics transportation, information technology, efficiency, state, innovative development sector, agro-industrial production.
Reference bibliographic list
1. Teplyashin I. V. Participation of civil society institutions in the implementation of state policy in the Arctic zone of the Russian Federation // Problems of constitutional and legal regulation of the status of the Arctic territories of the Russian Federation: materials of the round table of international. scientific-practical. conf. “Yenisei political and legal readings” (Krasnoyarsk, September 21-22, 2017) / Ed. A. A. Kondrasheva, O. V. Ronzhina, A. B. Zenkina; Krasnoyar. state agrarian un-t. Krasnoyarsk, 2017. P. 46-48.
2. Zaruba D. S., Sitnikova K. N., Fastovich G. G. The problem of the agro-industrial complex in the regions of Russia // International Journal of Humanities and Natural Sciences. 2019. No. 3-2. pp. 52-55.
3. Fastovich G. G., Zhikulina A. S., Rakhvalova N. A. Legal regulation of relations in the field of personal data // Jurisprudence. 2019. No. 3. P. 199.
4. Bogatova E. V. Agrarian legal policy in the system of higher legal education: the concept and forms of implementation // Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. 2020. No. 2 (16). pp. 102-112.
5. Fastovich G. G., Osipova E. S. On the issue of providing land plots for the needs of diplomatic missions: a theoretical aspect // Agrarian and land law. 2019. No. 10 (178). P. 4-5.
6. Vlasov V. A. The concept of state agrarian policy: economic and legal analysis // Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. 2016. No. 4 (4). P. 190-196.
7. Fastovich GG On the issue of the implementation of the principle of efficiency in the activities of the mechanism of the state of the Russian Federation: general theoretical aspects // Law and State: Theory and Practice. 2010. No. 12 (72). pp. 23-25.
8. Ignatenko V. A. Public control of the management of the agro-industrial complex of the Russian Federation // Problems of modern agrarian science. Materials of the international scientific conference. Krasnoyarsk, 2021. P. 277-282.
ECONOMY. RIGHT. SOCIETY
SHAPOVALOVA Vera Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of economic theory and economics of customs affairs sub-faculty of the Russian Customs Academy
PROBLEMS AND OPPORTUNITIES FOR THE DEVELOPMENT OF RUSSIAN ENTERPRISES IN THE CONDITIONS OF SANCTIONS RESTRICTIONS
The scientific article presents the results of an analysis of the problems and prospects for the development of Russian business entities during the period of sanctions restrictions. The main consequences of ensuring the economic security of enterprises, which are caused by Western sanctions, are considered. The relevance of the study is due to the negative impact of economic sanctions adopted in 2022 on the activities of Russian enterprises, which forces the latter to make decisions aimed at adjusting the development strategy. The scientific novelty of the work lies in the development of measures and management decisions that contribute to improving the efficiency of the activities of enterprises in the Russian economy during the period of sanctions restrictions.
Keywords: sanctions restrictions, economic sanctions, Russian enterprises, business entities, business development.
Reference bibliographic list
1. Danilushkina I. D., Kalmykova M. A. Credit policy and its impact on the financial condition of the company // Law, economics and management: theory and practice. – 2022. – S. 207-214.
2. Gasho I. A., Iovleva I., Tokar E. V. Theoretical aspects of managing the economic security of an enterprise // Bulletin of the Belgorod University of Cooperation, Economics and Law. – 2022. – No. 3 (94). – P. 85-95.
3. Kondrashova N. G. Economic security and its provision in a commercial organization // Modern Economy Success. – 2021. – No. 1. – P. 207-212.
4. Galkina N. A. Influence of economic sanctions on the efficiency of the enterprise in the conditions of import substitution // Actual problems of accounting, analysis and audit. – 2022. – S. 44-48.
5. Sokolov N. A., Pukach G. V. Influence of economic sanctions on Russian enterprises // Problems of the development of modern society. – 2023. – P. 370-373.
6. Voronova S. M., Ordynskaya O. N. Sanctions and theirinfluence on the activity of Russian enterprises // Theory and practice of service: economics, social sphere, technologies. – 2022. – No. 4 (54). – P. 26-30.
ECONOMY. RIGHT. SOCIETY
HUNG Nguyen Quoc
Ph.D. in economical sciences, senior researcher of the Center for Russian Strategy in Asia of the Institute of Economics of the Russian Academy of Sciences
IMPLEMENTING NEXT GENERATION FREE TRADE AGREEMENTS: OPPORTUNITIES AND CHALLENGES FOR VIETNAMESE BUSINESS
In recent years, in order to accelerate the process of international economic integration, Vietnam actively participates in free trade agreements (FTAs), especially new generation FTAs. In particular, the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP) and the Vietnam-European Union Free Trade Agreement (EFTA) are considered to be a new generation of FTAs that are being actively pursued.
Participation in the new generation FTA will help Vietnamese enterprises seize opportunities to increase exports to the markets of countries participating in the agreement, and also help Vietnam to be able to restructure the import-export market towards greater balance. Joining the new generation FTA will open up many opportunities in the formation of supply chains, which is an important condition for increasing the level of economic development and increasing labor productivity. In addition, new-generation free trade agreements provide opportunities for Vietnamese businesses to improve themselves by accepting new and more complex rules of the game.
However, in addition to opportunities, joining a new generation FTA also creates challenges for Vietnamese businesses: FTA provisions are estimated to create many new difficulties for Vietnam in developing policies and laws in various areas. After a period of implementation of the new generation of FTAs, the benefits derived from these agreements are still limited. New generation FTAs also impose strict rules and requirements for participants to raise product quality standards, so businesses have to bear losses due to competitive pressure.
This article examines the results of Vietnam’s participation in next-generation free trade agreements, the opportunities and challenges associated with Vietnam’s participation in these agreements, and provides recommendations for their promotion.
Keywords: Vietnam, integration, new generation FTA, CPTPP, EVFTA, trade.
Reference bibliographic list
1. Glinkina S. P., Pylin A. G., Nguyen Quoc Hung. Implementation problems and expected effects of the Free Trade Agreement between the Eurasian Economic Union and the Socialist Republic of Vietnam // Monograph. M: Editus, 2018.
2. Handbook of International Economic Integration, Office of the Intersectoral Steering Committee for International Economic Integration. Hanoi: Publishing house. Zian Chi, 2021.
3. Special issue: “Vietnamese enterprises after two years of implementation of the VPTTP” // Journal of the Ministry of Trade Industry. Hanoi, Quarter IV, 2021.
4. Special number: “EBCST with trade in Vietnam, Specialization: agricultural products.”
5. Journal of the Ministry of Trade and Industry. Hanoi, Quarter IV, 2021.
ECONOMY. RIGHT. SOCIETY
NABIULLIN Eduard Fagimovich
postgraduate student of the University of Management «TISBI»
CHALLENGING DEBTOR’S TRANSACTIONS IN BANKRUPTCY
This article examines the topic of challenging the debtor’s transactions in bankruptcy, taking into account the prevailing realities, the existing economic situation, the insolvency procedure (bankruptcy) is one of the most popular ways to recover debt from the debtor. The method of challenging the debtor’s transactions, within the framework of the bankruptcy procedure, is the most effective in achieving the goals set by creditors. In this article, the classification of the debtor’s transactions will be analyzed in detail, as well as the grounds that are necessary for the exercise of the right to challenge transactions. In addition, a comparative analysis of the general norms enshrined in civil legislation and the special ones provided for in the Federal Law “On Insolvency (Bankruptcy)” will be carried out.
Keywords: insolvency (bankruptcy); transactions; contesting transactions; consequences of invalidation of transactions; infringement of creditors’ rights.
Reference bibliographic list
1. Shmat I. E. Problems of invalidating suspicious debtor transactions in insolvency (bankruptcy) cases // In the collection: Scientific research of higher education in priority areas of science and technology, collection of articles of the Internationalscientific and practical conference. – 2018. – P. 198-204.
2. Koraev K. B. The essence and significance of the institution of contesting transactions and other actions of the debtor in the framework of the case of its insolvency (bankruptcy), its difference from contesting transactions on common grounds // Lawyer. – 2018. – No. 2. – P. 25-29.
3. Rashidov E., Kovtun Yu. Some issues of contesting transactions in the framework of the bankruptcy procedure // Economy and law. – 2017. – No. 8 (487). – P. 117-123.
ECONOMY. RIGHT. SOCIETY
KOSTENKO Ekaterina Igorevna
student of the N. E. Bauman Moscow State Technical University
ZAKHIR Boris Maksimovich
student of the N. E. Bauman Moscow State Technical University
CALCULATING INNOVATIVE POTENTIAL BASED ON CONTRACT AGREEMENTS: INTRODUCING THE METHOD BY EXAMPLE OF REAL ESTATE DEVELOPERS
The article analyzes the existing methods for assessing innovative potential. The result of the analysis reveals a need for a new method, which is proposed.
The main drawback of the current methodology is an excessive focus on the characteristics of the head enterprise and internal processes, whereas many companies outsource the tasks such as logistics to contractors. There are even cases of companies outsourcing entire production and R&D facilities, one of notable examples being developer companies. Using their example, the article discusses why a special method is needed to assess their innovative potential and outlines the proposed method itself.
Keywords: innovative potential, assessment method, developers, real estate, contractors, outsource.
Reference bibliographic list
1. Ganina G. E., Klementieva S. V. Guidelines for homework in the course “Management of Innovative Activity” for bachelors studying in the direction of “Innovation” // Pod obshch. ed. prof. S. G. Falko. Electronic educational edition. – M .: Publishing house of MSTU im. N. E. Bauman, 2017. – 43 p.
2. Okladnikova D. R. A model of a score-rating assessment of the innovation and investment potential of small and medium-sized businesses // Bulletin of ISTU. – 2014. – No. 7 (90). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/model-ballno-reytingovoy-otsenki-innovatsionno-investitsionnogo-potentsiala-predpriyatiy-malogo-i-srednego-biznesa (date of access: 02/18/2023).
3. Daurov A. M., Dzakoev Z. L. Expert assessment of the indicators of the innovative potential of an enterprise // Bulletin of the Vladikavkaz Scientific Center of the Russian Academy of Sciences. – 2013. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekspertnaya-otsenka-pokazateley-innovatsionnogo-potentsiala-predpriyatiya (date of access: 18.02.2023).
ECONOMY. RIGHT. SOCIETY
BEZHANOV Ivan Valerievich
postgraduate student of the Moscow Innovation University
FORMATION OF THE STRATEGY OF ECONOMIC DEVELOPMENT OF THE NON-FERROUS METALLURGICAL INDUSTRY OF RUSSIA IN A NEW MANAGEMENT PARADIGM
The change in the management paradigm in the modern world, which led to the rupture of inter-economic relations between suppliers, producers and consumers, has formed a new economic reality in which the issues of scientific search for new economic development strategies are being actualized. The object of research is the metallurgical industry as a branch of Russian industry and a type of economic activity. The subject of the study is non-ferrous metallurgy as a type of economic activity. The purpose of the study is to present a theoretical description of the strategy of economic development of non-ferrous metallurgy in the new economic reality formed during 2022. Research results: 1. Statistical data on the considered segment of the metallurgical industry are presented; 2. A theoretical description of the strategy of economic development of the non-ferrous metallurgical industry of Russia, due to the sanctions measures of Western countries, is presented.
Keywords: metal exchange, logistics, sanctions, export, import, foreign economic activity.
Reference bibliographic list
1. LME will not ban Russian metal from its system. [Electronic resource]. – Mode of access: https://www.reuters.com/markets/commodities/lme-will-not-ban-russian-metal-its-system-2022-11-11/ (accessed 03/10/2022).< br /> 2. Pechenskaya-Polishchuk M. A., Malyshev M. K. Financial and economic aspects of export-import activities of non-ferrous metallurgy in Russia for 2013-2020. and directions of its further development // Economic and social changes: facts, trends, forecast. – 2022. – T. 15. – No. 4. – S. 102-117. – DOI 10.15838/esc.2022.4.82.7. – EDN WELYRI.
3. Agapova T. N., Bazhenov O. V. Spatial compositionnaya assessment and forecasting of the corporate state of organizations of the copper sub-industry in the new economic reality // Discussion. – 2022. – No. 2 (111). – P. 6-18. – DOI 10.46320/2077-7639-2022-2-111-6-18. – EDN JGNGQQ.
ECONOMY. RIGHT. SOCIETY
GALIMNUROV Albert Fidailovich
postgraduate student of the Ufa State Petroleum Technical University
THE RELATIONSHIP BETWEEN THE CYCLICAL NATURE OF ECONOMIC PHENOMENA AND INNOVATIVE PROCESSES IN THE COMPANY
The article discusses the theoretical foundations of the implementation of the innovation process, highlights its components, as well as the stages and stages of functioning. The author’s view on the interrelation of forms and stages of the innovation process is given. A systemic paradigm of the relationship between the cyclical nature of economic phenomena and innovative processes is presented, within the framework of the provisions of the theory of cyclicity. The interrelation of the cyclical nature of economic phenomena and innovative processes in the company is formulated, using the signs of the organic nature of the system.
Keywords: innovations, innovations, economic phenomena, innovation process, cycle, cyclicity, innovation trajectory, spiral, innovative transformations.
Reference bibliographic list
1. Bulanov V. S. Methodology of economic phenomena and processes: Comparative analysis: monograph. – Moscow: Prospekt, 2017. – 64 p.
2. Milner B. Z., T. M. Orlova Organization of innovation creation: horizontal connections and management: monograph. – Moscow: INFRA-M, 2020. – 288 p.
3. Dontsova O. I., Logvinov S. A. Innovative economy: strategy and formation tools: textbook. allowance. – M.: Alfa – M: INFRA – M, 2019. – 208 p.
4. Innovative development: economics, intellectual resources, knowledge management / Ed. B. Z. Milner. – M.: INFRA-M-2010. – 624 p.
5. Kondratiev N. D. World economy and its conjuncture during and after the war. – Vologda: Region. department of state publishing house, 1922. – 258 p.
6. Jansen F. The era of innovation. – M: INFRA – M, 2002. – 308 p.
7. Barancheev V. P., Maslennikova N. P., Mishin V. M. Management of innovations: textbook. – M.: Higher education, Yurayt – Publishing House, 2009. – 711 p.
ECONOMY. RIGHT. SOCIETY
KOVALENKO Natalya Evgenjevna
postgraduate, student of the Institute of Law of the Altai State University, Barnaul
UGRYUMOV Rustam Sharkanovich
postgraduate, student of the Institute of Law of the Altai State University, Barnaul
SHTAINBACH Marina Sergeevna
Master of Laws, Ural State Law University, Director of FORS-MAJOR LLC (Ekaterinburg)
UGRYUMOVA Karina Sharkanovna
student of the International Institute of Economics, Management and Informational Systems of the Altai State University, Barnaul
TECHNICAL AND LEGAL ASPECTS OF TRANSPORT RELATIONS WITH THE PARTICIPATION OF ARTIFICIAL INTELLIGENCE
Within the framework of this article, at the interdisciplinary level, certain issues of the introduction of artificial intelligence in the transport sector, its impact on social relations are considered. The problems of the concept of artificial intelligence are discussed, various approaches are proposed to the definition of this phenomenon as a legal category and its relationship with the related concept of “robot”. In addition, the issues of liability of artificial intelligence for the harm caused in the course of its activities are disclosed. The possibility of recognizing artificial intelligence as a subject of law is being studied.
Keywords: artificial intelligence in the transport sector, responsibility of artificial intelligence, unmanned vehicle, artificial intelligence as a subject of law, artificial intelligence as an object of law.
Reference bibliographic list
1. Arkhipov V. V. Artificial intelligence and autonomous devices in the context of law: on the development of the first law on robotics in Russia // Proceedings of the SPII RAS. ― 2017. ― Issue 6. ― S. 46-62.
2. Zaloilo M. V. The subject of law and the dynamics of its legal status in the context of digitalization // Bulletin of the Moscow State Pedagogical University. Series: legal sciences. – 2021. – No. 3 (43). ― P. 104-120.
3. Laptev V. A. The concept of artificial intelligence and legal responsibility for its work // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – S. 79-102.
4. Morhat P. M. Artificial intelligence: legal view. ― Moscow: Buki Vedi, 2017. ― 257c.
5. Khazin M. L. Robotic equipment for mining. Bulletin of the Magnitogorsk State University. G. I. Nosova. ― 2020.- Volume 18. – No. 1. – P. 4-15.
6. What is and how does the car’s on-board computer work. [Electronic resource]. – Access mode: https://techautoport.ru/elektrooborudovanie-i-elektronika/kuzovnaya-elektrika/bortovoy-kompyuter.html?ysclid=laz79blhyu300370471 (accessed 11/15/2022).
ECONOMY. RIGHT. SOCIETY
GORDIENKO Vyacheslav Vladimirovich
Ph.D. in economical sciences, Deputy Head of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia, colonel of police
LOGINOV Sergey Nikolaevich
senior lecturer of Physical and fire training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
MASLOV Mikhail Stanislavovich
senior lecturer of Philosophy, history and law sub-faculty of the Volgograd State Agrarian University
INFLUENCE OF SOCIO-ECONOMIC CONDITIONS OF THE URBAN ENVIRONMENT ON THE LEVEL OF CRIME
Within the framework of the article, the theoretical foundations of those socio-economic conditions that can influence the level of crime and the nature of crimes are studied. Among the conditions, it is not so much the level of well-being of the population that stands out, but the level of business mobility, as well as the connections formed through networks of everyday urban mobility. As a result, it is assumed to predict the types and levels of urban crime under given conditions.
Keywords: economic crime, wealth, neighborhood, urban space, business mobility, cybercrime, daily urban mobility, criminal offenses, fraud.
Reference bibliographic list
1. Zlobin VV Reconfiguration of urban space to reduce crime // AMIT. – 2011. – No. 4 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rekonfiguratsiya-gorodskogo-prostranstva-dlya-snizheniya-prestupnosti (date of access: 01/13/2023).
2. Graif Corina, Lungeanu Alina, Yetter Alyssa M. 2017. “Neighborhood Isolation in Chicago: Violent Crime Effects on Structural Isolation and Homophily in Inter-Neighborhood Commuting Networks, 2002–2013.” Social Networks 51:40-59 (https://doi.org/10.1016/j.socnet.2017.01.007).
3. Gould Roger. 2003. Collision of Wills: How Ambiguity about Social Rank Breeds Conflict. – Chicago: University of Chicago Press. Crossref.
4. Tabolin VV Legal theory of the modern Russian city: monograph. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2020. – 358 p.
5. Matvienko E. A., Gordienko V. V. Interreligious dialogue: problems and prospects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 2 (13). – P. 14-19.
6. Voytov A. V., Rudnichenko A. V., Sarantsev A. A. Features of real estate fraud in the housing sector // Science and education: economy and economy; entrepreneurship; law and management. – 2021. – No. 5 (132). – P. 121-123.
PHILOSOPHY. RIGHT. SOCIETY
BARINOVA Svetlana Gennadjevna
Ph.D. in science philosophicals, associate professor of Philosophy sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
ON THE ROLE OF ARISTOTLE IN THE FORMATION OF MEDIEVAL PHILOSOPHY AND THEOLOGY
The article discusses the influence of Aristotelianism on the formation of Christian dogma and medieval philosophical thought. The ideas of Aristotle were decisive for the Christian philosopher Thomas Aquinas. Aristotle defined the subject of philosophical theology as the doctrine of an eternal, immovable and existing entity separate from matter. Giving theology the highest place in the system of theoretical sciences, Aristotle identifies it with the first philosophy or metaphysics.
Keywords: God, theology, philosophy, Aristotle, science, essence, doctrine, metaphysics, Christianity.
Reference bibliographic list
1. Aristotle. Metaphysics. Translations. Comments. Interpretations // Comp. and prep. text by S. I. Eremeev. – St. Petersburg: Aleteyya, 2002; – Kyiv: Elga, 2002. – 832 p.
2. Aristotle. Poetics; Rhetoric; About the soul // Per. from ancient Greek V. Appelrot, N. Platonova and P. Popov. – Moscow: World of Books, 2009. – 398s.
3. Barinova S. G., Barinova S. G. Types of society and the Aristotelian understanding of society // Eurasian legal journal. – 2019. – No. 9 (136). – P. 413-416.
4. Vdovina G. V. Reception of the Aristotelian science of the soul in medieval philosophy // Bulletin of the Russian Christian Humanitarian Academy. – 2018. – No. 3. – T. 19. – S. 11-23.
5. Shmonin DV Wisdom of the philosopher and the Christian idea of education // Bulletin of the Leningrad State University. A. S. Pushkin. – 2019. – No. 3. – P. 7-17.
6. Shmonin DV Theology and scholasticism: facets of philosophical interpretations // Questions of Philosophy. – 2019. – No. 12. – P. 64-73.
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
“AND, AS FOR THE INFORMATION WAR, WE NEVER DECLARED ONE …”
The thesis that “Russia lost the Information War to the West” after the start of SMO needs to be corrected. The fact is that this pathetic phrase is a typical red herring and spin doctoring. In conditions when even conventional wars are not declared, the narrative about losing in the information war is a rhetorical technique. The authors argue their position by deconstructing self-reference as the platform of belief in the conditions of the post-Modern discourse.
Keywords: Psychological operations, information policy, philosophy of communication, cognitive warfare, special military operation (SMO).
Reference bibliographic list
1. Brazevich S. S. Wars of the new generation: technologies of cognitive war // In the collection: Collection of articles of the Department of International Relations, Medialogy, Political Science and History. Digest of articles. Edited by A. A. Markov. – St. Petersburg: SPGEU, 2022. – S. 28-38.
2. Hoffman A. A., Timoshchuk A. S. Russia in a transstructural world: identity, designing a common future, commemorative challenges (part 1) // Social relations. – 2022. – No. 1 (40). – S. 104-116.
3. Hoffman A. A., Timoshchuk A. S. Russia in a transstructural world: identity, designing a common future, commemorative challenges (part 2) // Social relations. – 2022. – No. 2 (41). – P. 72-87.
4. Hoffman A. A., Timoshchuk A. S. Russia in a transstructural world: identity, designing a common future, commemorative challenges (part 3) // Social relations. – 2022. – No. 3 (42). – P. 76-91.
5. Hoffman A. A., Tymoshchuk A. S. “The valiant Ukrainians continue to boldly retreat, while the cruel and greedy Russians cowardly advance”: the destruction of non-classical communicative reality as a result of the SVO // Eurasian Legal Journal. – 2022. – No. 5 (168). – S. 522-523.
6. Hoffman A. A., Timoshchuk A. S. Case “Taira” as a cognitive and communicative problem // Eurasian Law Journal. – 2022. – No. 6 (169). – P. 477-478.
7. Ilnitsky A. M. Mental war in Russia // Military thought. – 2021. – No. 8. – S. 19-33.
8. Mengazatdinov N. E., Poletykin A. G., Promyslov V. G. Cyber warfare: problems of ensuring information security of digital control systems // Management of the development of large-scale systems. – Moscow: IPU RAN, 2010. – P. 138-142.
9. Tymoshchuk A. S. Media reality of the 21st century: hybridization of war // Media-2022: theory and practice. – Moscow: MPGU, 2022. – P. 38-43.
10. Trofimova N. N., Timoshchuk A. S. Operational and technical aspects of countering false mining // Actual problems of combating crime: questions of theory and practice. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2020. – P. 138-140.
PHILOSOPHY. RIGHT. SOCIETY
IKSANOV Radmir Auzagievich
senior lecturer of Economic theory sub-faculty of the Ufa University of Science and Technology, senior lecturer of Humanitarian and natural sciences sub-faculty of the Bashkir Cooperative Institute, senior lecturer of Theory and history of state and law sub-faculty of the Bashkir Institute of Social Technologies
SAMSITDINOV Ilnur Zakievich
officer of the MIA of the Republic of Bashkortostan, lieutenant colonel of police
ILYASOV Radik Ravilovich
Ph.D. in science philosophicals, professor of the Bashkir Cooperative Institute (branch) of the Russian University of Cooperation
GENERAL TRENDS IN THE DEVELOPMENT OF DOMESTIC LEGISLATION IN THE FIELD OF LAND EASEMENTS
The article discusses the trends in the development of servitude legal relations in the Russian Federation. It is shown that in order to improve servitude legal relations, the legislator needs to develop and introduce into the content of the Civil Code of the Russian Federation the concept of an agreement on the establishment of an easement of a private legal nature. The author also substantiates the need to develop and fix rules (recommendations) aimed at determining the amount of payment for an easement.
Keywords: easement, restriction of land rights, development trends, digitalization, land law.
PHILOSOPHY. RIGHT. SOCIETY
KOCHESOKOV Robert Khazhismelovich
Ph.D. in science philosophicals, professor, Head of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
BIZHEVA Agnessa Petrovna
Ph.D. in science philosophicals, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
KULTURBAEVA Lyubov Machrailovna
Ph.D. in science philosophicals, senior lecturer of Philosophy sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
THE LOGIC OF THE EVOLUTION OF POLITICAL ELITES
The article is devoted to the study of the transformation of political elites. Based on the dual nature of politics (political system), the authors consider it justified to distinguish two types of political elites (politicians): politicians-strategists and politicians-technologists. A certain logic can be traced in the evolution of political elites and a number of stages can be distinguished. At the first stage – the stage of the formation of the political system – society is in need of politicians-strategists who can lay its foundations. At the second stage – the stage of a stable political system – it is only necessary to maintain the effective functioning of the political system, as a result of which politicians-technologists play a dominant role. But gradually the potential of the political system is being exhausted, which leads to the need for politicians-strategists.
Keywords: politics, political elites, political system, politicians-strategists, politicians-technologists.
Reference bibliographic list
1. Toynbee A. J. Comprehension of history: Collection / Per. from English. E. D. Zharkova; Comp. A. P. Ogurtsov; Intro. Art. V. I. Ukolova. – M.: Progress. Culture, 1996. – 607 p.
2. Spengler O. Decline of Europe. Essays on the morphology of world history. 1. Gestalt and reality / Translated from German, entry. Art. and note. K. A. Svasyan. – M.: Thought, 1993. – 663 p.
PHILOSOPHY. RIGHT. SOCIETY
KRUCHININ Sergey Vasiljevich
Ph.D. in science philosophicals, associate professor, lecturer at the Tyumen Industrial University
MODERN DEMOCRACY AND POPULISM
The article examines modern democracy, replaced by populism in various countries of the world, in particular in the USA and Italy. So, initially, democracy assumed several postulates. The first of them was the ability of the population to make a relatively informed choice based on a sufficient level of competence and literacy of the chooser. The second is the appeal of the elected person to the facts, and not to the detection of fraud by the other party. The third is that the political doctrine was based on key theses and ideas that appeal to a part of the electorate and reflect their values. While populism, in fact, presupposes the figure of a politician who is able to anticipate and accurately determine all the desires of society, in fact speculating on them and claiming that everyone who does not agree with this should be involved in the “we are against them” scenario
Keywords: populism, democracy, society, elections.
Reference bibliographic list
1. Glukhova A. V. Populism as a political phenomenon: the challenge of modern democracy // POLIS. Political studies. – 2017. – T. 4. – No. 4. – P. 49-68.
2. Kulik A. N. Political participation, democracy and populism in the digital age // Political expertise: POLITEKS. – 2017. – T. 13. – No. 4. – P. 4-22.
3. Musikhin G. I. Populism: a structural characteristic of politics or a “flawed ideology”? // Journal of Political Philosophy and Sociology of Politics “Polity. Analysis. Chronicle. Forecast”. – 2009. – № 4. – P. 40-53.
4. Fishman L. G. Populism is for a long time // Polis. Political studies. – 2017. – No. 3. – P.55-70.
5. Frank D. Populism as a challenge to liberal democracies // Actual problems of Europe. – 2004. – No. 2. – P. 56-73.
PHILOSOPHY. RIGHT. SOCIETY
KUDRYASHOVA Elena Viktorovna
Ph.D. in science philosophicals, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the B. P. Bugaev Ulyanovsk Civil Aviation Institute
IDEOLOGICAL SENSE OF TECHNICS
The article discusses the genesis of the modern scientism, the main ideas and principles of technocracy. It is shown how the scientism ideology deals with ideas of the Enlightenment, how it is realized in the Positivism and the Marxism, it is analyzed the general points of the post-industrialism. The author asks the question aboutthe preparedness of the modern native culture to accept the ideological sense of post-industrialism and makes the conclusion about some negative effects of that ideology.
Keywords: scientism, technocracy, post-industrialism, ideology, the Positivism.
Reference bibliographic list
1. Bell D. The coming post-industrial society: the experience of social forecasting. – M.: Academia, 1999. – 768 p.
2. Inozemtsev VL Prospects for post-industrial theory in a changing world // New post-industrial wave in the West: an anthology. – M.: Academia, 1999. – S. 3-72.
3. Istyufeev A. V. The crisis of humanism in the conditions of modern technogenic civilization // Bulletin of the OSU. – 2007. – No. 7. – P. 58-63.
4. Kolycheva S. V. Technocracy as the cause of the crisis of humanistic culture // Omsk Scientific Bulletin. – 2006. – No. 6. – P. 31-35.
5. Makeev S. V. Conceptual versions of the philosophy of scientific and technological progress // Vestnik RUND. – 2008. – № 4. – P. 36-43.
6. Rachkov P. A. On the death and immortality of ideology // Bulletin of the Moscow University. Series 7. Philosophy. – 1999. – No. 2. – P. 30-49.
7. Toffler E. The Third Wave. – M.: AST Publishing House, 1999. – 661 p.
8. Habermas Yu. Technology and science as “ideology”. – M.: Praxis, 2007. – 208 p.
9. Eagleton T. Ideology: An Introduction. – Verco, 1991. – 256 pp.
PHILOSOPHY. RIGHT. SOCIETY
PANGELSKAYA Darya Evgenjevna
magister student of the Faculty of Law of the M. K. Ammosov North-Eastern Federal University
YAKOVLEV Nikolay Mikhaylovich
Ph.D. in Law, associate professor of the M. K. Ammosov North-Eastern Federal University, the Honored Lawyer of the Russian Federation, veteran of the Prosecutor’s Office of the Russian Federation
LEGAL RESPONSIBILITY IN MODERN PUBLIC LAW
The article analyzes the main theoretical provisions of legal liability in modern public law, such as its essence and characteristics.
Also, in the article below, the approaches of domestic authors and researchers to such a category of law as legal responsibility are considered.
The object of the study is the essence of legal responsibility as a category of modern public law.
The aim of the work is to analyze the essence of such a legal phenomenon as legal responsibility, to consider approaches to its understanding.
Keywords: legal responsibility, offense, author, definition, state coercion.
Reference bibliographyto
1. Bazylev B. T. Legal liability. – Krasnoyarsk: Krasnoyarsk University Press, 1985.
2. Vengerov A. B. Theory of state and law. – M.: Omega-L, 2016.
3. Krestyannikov A. E. The concept of legal responsibility // Young scientist. – 2018. – № 23.
4. Tsyurina NV Legal responsibility as an institution of law // Siberian Legal Bulletin. – 2013. – № 1.
5. Lipen SV Theory of state and law. – M.: Yurayt, 2015.
6. Radko T. N. Theory of state and law. – M.: Prospekt, 2017.
7. Roslov M. M. Theory of state and law: a textbook for universities. – M.: Yurayt, 2015.
8. Perevalov VD Theory of state and law: Textbook for universities. – M.: Norma, 2005.
9. Shilekhin K. E. — An approach to the classification of types of legal liability // NB-Media. – 2021. – № 3.
10. Yachmenev Yu. V. Legal responsibility: concept, types, features // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – № 54.
PHILOSOPHY. RIGHT. SOCIETY
KHAYRULLIN Rim Nurovich
Ph.D. in science philosophicals, associate professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
MODERN IDEAS ABOUT THE HARMONY OF NATURE AND SOCIETY: THEIR ORIGINS AND METHODOLOGICAL PROBLEMS
The author of this article considers contemporary views on the harmony of nature and society as a synthesis of ecological concepts of antiquity and modern times (naturalism and technicism). He connects them with the ideas of scientists of the XX century about the noosphere. The conclusion of the article is the thought that in practice it is probably impossible to achieve complete harmony of society and the environment. At the same time, we can evaluate it as a regulatory idea, a methodological guideline of activity.
Keywords: society, environment, naturalism, technicism, harmony, practice, regulatory idea.
Reference bibliographic list
1. Aristotle. Metaphysics // Aristotle. Works in 4 volumes. T. 1. – M .: Thought, 1976. – S. 63-367.
2. Vernadsky V.I. A few words about the noosphere // Vernadsky V.I. Biosphere and noosphere. – M .: Iris prEss, 2004. – P. 470-483.
3. Moiseev N. N. Man and noosphere. – M .: Young Guard, 1991. – 351, [1] p.
4. Fedorov N. F. The question of brotherhood … // Fedorov N. F. Works. – M.: Thought, 1982. – S. 53-442.
5. Shklovsky I. S. Universe. Life. Intelligence. – M.: Nauka, 1987. – 319, [1] p.
6. Schreider Yu. A. Utopia or organization // Global problems and universal values. – M.: Progress, 1990. – P. 7-26.
PHILOSOPHY. RIGHT. SOCIETY
TSIPLAKOVA Yuliya Vladimirovna
Ph.D. in philosophical sciences, associate professor of History of philosophy, philosophical anthropology, aesthetics and theory of culture sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University, associate professor of Social and humanitarian disciplines sub-faculty of the V. F. Yakovlev Ural State Law University
SHUTALEVA Anna Vladimirovna
Ph.D. in science philosophicals, associate professor of Ontology and theory of cognition sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University, associate professor of Social and humanitarian disciplines sub-faculty of the V. F. Yakovlev Ural State Law University
ETHICAL AND LEGAL PROBLEMS IN THE CONCEPT OF TRANSHUMANISM
The article is devoted to the study of the development of the concept of transhumanism in the context of the formation of ideas about the posthuman in Western philosophy from the end of the 20th to the beginning of the 21st century. The article deals with the ethical and legal problems associated with implementing the transhumanist program. It is shown that the posthumanistic aspect of the ethical and legal difficulties of transhumanism determines the interaction of a person with the latest technologies in social and everyday life.
Keywords: posthumanism, transhumanism, existential risk, science, artificial intelligence, ethics law, posthuman, digital society.
Reference bibliographic list
1. Baudrillard J. Consumer society. His myths and structures. M.: Cultural revolution; Republic, 2006.
2. Burdett M. Incarnation, Posthumanism and Performative Anthropology: The Body of Technology and the Body of Christ // Christian bioethics: Non-Ecumenical Studies in Medical Morality. – 2022. Vol. 28(3). pp. 207-216. https://doi.org/10.1093/cb/cbab009
3. Huxley J. Transhumanism. [Electronic resource]. – Access mode: https://eroskosmos.org/transhumanism/ (access date: 12/20/2022).
4. Zimmerman. M. The last man or superman? Transhumanist interpretations of the Nietzschean theme. [Electronic resource]. – Access mode: https://eroskosmos.org/transhumanistic-nietzsche/ (access date: 12/20/2022).
5. Khvastunova Yu. V. Digital religion for a transhuman // Scientific Bulletin of the Gorno-Altai State University. 2020. Volume 15. P. 188-192.
6. Bostrom N. Existential Risk Prevention as Global Priority // Global Policy. 2013. Vol. 4(1). pp. 15-31. DOI: 10.1111/1758-5899.12002
7. Nietzsche F. Works in 2 volumes. T.2. M.: Thought, 1990.
8. Deleuze J. A Thousand Plateaus: Capitalism and Schizophrenia. Yekaterinburg: U-Factoria; Moscow: Astrel, 2010.
9. Bostrom N. The Fable of the Dragon-Tyrant // Journal of Medical Ethics. 2005 Vol. 31(5). pp. 273-277. [Electronic resource]. – Access Mode: http://dx.doi.org/10.1136/jme.2004.009035
10. Hughes J. Democratic Transhumanism 2.0. [Electronic resource]. – Access Mode: http://www.changesurfer.com/Acad/DemocraticTranshumanism.htm (accessed 12/20/2022).
11. Shchipkov V. A. Secular foundations and utopian features of the ideology of transhumanism. Bulletin of the Moscow University. Series 12. Political sciences. 2018. No. 3. P. 7-24.
12. Grechkina E. N. Transhumanism – the worldview of the XXI century or a civilizational threat to humanity // Humanitarian, socio-economic and social sciences. 2015. No. 8. P. 34-37.
PHILOSOPHY. RIGHT. SOCIETY
KODESNIKOV Georgiy Dmitrievich
postgraduate student of the UNESCO sub-faculty of the Institute of State Service and Management of the RANEPA under the President of the Russian Federation
THE PROBLEM OF CONSCIOUSNESS AND MENTAL CAUSALITY IN THE PRE-CARTESIAN PERIOD OF WESTERN PHILOSOPHY: IN SEARCH OF FUNDAMENTAL FOUNDATIONS
This article is devoted to understanding the formation of problems of consciousness and mental causation in the philosophical discourse. The focus is on the concepts developed by philosophers in the pre-Cartesian, ancient period. The article analyzes several conceptual approaches that are the sources for the modern understanding of this problem. Different research positions are contrasted, where materialist ideas fix the absence of a direct influencece of consciousness on our behavior, while idealist ones, on the contrary, affirm consciousness as the center of action with a causal potential. It is stated that there are direct parallels between the ideas of the period of Antiquity and modern areas of research, and also that the conceptually current ideas do not have significant methodological differences.
Keywords: mental causality, philosophy of mind, antiquity, physicalism, interactionism.
Reference bibliographic list
1. Aristotle. Works in four volumes. Volume 1 / Ed. V. F. Asmus, 1976. – 549 p.
2. Frey C. Aristotle’s solution to the problem of mental causation // Phronesis. – 55(4). – 2010. – Rp. 292-312.
3. McLaughlin, B., Beckermann, A., & Walter, S. (Eds.). The Oxford Handbook of Philosophy of Mind. – Oxford University Press, 2011.
4. Passmore J. A. Plato on consciousness // Mind. – 84 (334). – 1975. – Rp. 285-300.
5. Sedley D. Epicurus’ Theory of Consciousness: An Analysis of Its Physicalism // Oxford Studies in Ancient Philosophy. – Vol. 17, 1999. – Rp. 1-29.
6. Sorabji R. Aristotle on Self-Consciousness // In Aristotle Transformed: The Ancient Commentators and Their Influence, edited by Richard Sorabji, 1-12. – Oxford University Press, 1990.
PHILOSOPHY. RIGHT. SOCIETY
KHAKIMOV Nazim Nazipovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE USE OF ARTIFICIAL INTELLIGENCE IN SCIENTIFIC ACTIVITY: THE LEGAL AND ETHICAL SIDE OF THE ISSUE
The article focuses on the use of artificial intelligence in scientific activity in the Russian Federation. Due to the active development of information technologies, the question of the equivalence of the results of neural networks in various fields of activity has been raised for a long time. The author also suggests the possibility of using artificial intelligence for quick, maximally voluminous and efficient data selection.
Keywords: artificial intelligence, information, network, research, pedagogical community.
Reference bibliographic list
1. Bizyukov N. V. Information noise as a method of language manipulation (on the basis of journalistic discourse) // Bulletin of the Krasnoyarsk State Pedagogical University. V. P. Astafieva. – 2014. – No. 3 (29). – P. 159-163.
2. Proshina M. V. Modern methods of natural language processing: neural networks // Construction Economics. – 2022. – No. 5. – S. 27-42.
3. Chernobaev I. D., Surkova A. S., Pankratova A. Z. Text modeling using recurrent neural networks. R. E. Alekseeva. – 2018.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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