CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №3(178)2023
PERSONA GRATA
A. Schwartz: On sustainable development on the eve of the International Mother Earth Day
An Interview with Ph.D. in geographical sciences, Head of the Center for responsible environmental management of the Institute of Geography of the Russian Academy of Sciences (RAS), Honored ecologist of the Russian Federation, Evgeniy Arkadjevich Schwartz
INTERNATIONAL LAW
Ableeva G. R.
The place of the European Court of Human Rights in the system of international bodies for the protection of the rights of the child
Amiantov A. A., Rabadanov I. R., Sodikov Sh. D.
Legal Bases of Cooperation between the Russian Federation and the Republic of Moldova
Biryukov P. N.
On the legal status of precious stones in the law of the EAEU
Kuchina A. M.
Contemporary issues of protection of the transmissions of broadcasting organizations from unauthorized use on the example of sports broadcasts
Saprynskaya D. V.
Central Asia and the Greater Eurasian Partnership concept: intraregional risks and opportunities for cooperation
Volkova A. A.
Problematic aspects of interaction between the WTO LFS and regional systems for resolving international trade disputes
Popovic M.
Implementation of international treaties on preventing trafficking in human beings into the national legislation of the republic of Serbia
Twumasi Rebecca Maami Afia Fosuvaa
The problems of implementation of the UN Convention to combat desertification 1994 in West Africa
Chen Guixin
Analysis of the results of the 14th meeting of the conference of the contracting parties to the Ramsar Convention on wetlands (COP14)
INTERNATIONAL PRIVATE LAW
Agarkova A. A., Beletskaya V. A., Glinshchikova T. V.
Problems of legal regulation of international maritime transport of goods
Butakova N. A., Evgrafova I. V.
Caspian Sea region: history of formation and prospects of development
Talimonchik V. P.
Activities of UNCITRAL on regulation of dispute resolution related to technology
COMPARATIVE LAW
Tatarnikov V. G., Nikitin Yu. P., Kargapolova A. A.
Comparative legal analysis of the status of the institute of prosecution in Russia and in the United States of America
THEORY OF STATE AND LAW
Arkhipova E. Yu., Kondrashov Yu. A.
The concept of legal stability
Vu Duc Dung
Building the rule of law state in Vietnam: theoretical and practical issues
Dubrovin M. A.
Integration activities of the Russian Federation in a multipolar world
Molotkov M. B.
Legal regulation in the context of the problem of the relationship between right and law in domestic legal science in the second half of the 19th – early 21st centuries
Ruzavina E. Yu., Shevchuk E. P.
Problems of the formation of legal consciousness of medical workers in Russia
Samusenko T. M., Prokudina R. O.
Legal technique and municipal regulatory legal acts (on the example of Primorsky Krai)
HISTORY OF STATE AND LAW
Boldakovskiy E. V., Pavlova N. G.
The history of the development of Soviet standardization
Vdovina A. N.
Features of the development of food provision for convicts in the Russian penal system: a retrospective analysis and modern realities
Gnetova L. V., Gulyaeva T. B.
Features of the assignment of alimony to minors under the Soviet laws of 1936-1937
Gorokhov A. A., Gorokhova K. I.
The influence of religion on law. Historical aspect
Dovgan K. E.
Legal means of framework legal regulation in the RSFSR Constitution of 1918
Nedzelyuk T. G.
Legal regulation of anti-epidemic measures and the participation of clergy in them: based on the materials of the Ministry of Internal Affairs of the Russian Empire
Novikova O. I., Nekrasov A. I.
On the question of France’s foreign policy course in the 1920s and 1930s (part 1)
Shirshov B. V.
The system of administrative punishments: formation and development
Semushev D. V.
Soviet legislation as a historical source in the professional training of lawyers
Raevskaya V. A.
The history of the creation and development of workhouses in the UK
Romazanova A. N.
Prisoners of war in World War I and their legal status
CONSTITUTIONAL LAW
Denikaeva S. E., Huseynova J. Sh.
On the issue of restricting the rights and freedoms of civil servants in the Russian Federation
Osmanova A. G.
The main directions of improving the right of citizens to participate in the management of state affairs
ADMINISTRATIVE LAW
Shmelev I. V.
On the concept and content of administrative justice in Anglo-Saxon countries
Filin V. V., Fetkulov A. H., Rakhimgulova M. B., Baikenzhina K. A.
Оn some issues of administrative responsibility of foreigners and stateless persons for violation of the rules of stay in the republic of Kazakhstan
Fomina T. F.
Improvement of the legal regulation of incentive proceedings in the internal affairs bodies
Franz O. Yu.
Legal support of control and supervision activities of state bodies
Shmelev I. V., Muratova E. V.
Criteria for the challenge of administrative decisions on the example of Anglo-Saxon countries
CIVIL LAW
Arzhilovskiy D. E., Grigorjev A. S.
Influence of cyberspace and digital technologies on the sense of justice and legal education of citizens
Bakunin S. N., Kurbatova G. V.
To the question of theoretical understanding of the concept and legal nature of the supply contract
Gaybatova K. D., Mustafaev D. Sh.
Inheritance contract as the basis of inheritance in Russian and foreign legal orders
Guseva A. A.
Objective imputation in determining subjective good faith in vindication disputes
Dorzhieva S. V.
On certain provisions of adoption and guardianship in relation to orphans and children left without parental care
Ivliev P. V., Ananjev O. G.
Leverage leasing as an innovative form of financial lease in Russia
Kazankova T. N., Antipova Ya. O., Kurilkina M. S.
Expert-analytical activity in the judicial sphere: problems and prospects of law enforcement
Kurbatova G. V., Bakunin S. N.
Types of supply contract and its differences from related civil law contracts
Kondratjev P.O., Koshelyuk B.E., Silkina Yu.S., Slepov A.P.
Development of digital law in Russia
Korchagin M. A., Moroz N. A.
Right of development: a comparative legal analysis with construction lease
Kolomiets V. A.
Professional legal representation
Lebedev M. A., Lebedeva A. F.
Changes in labor protection legislation in 2023 for microenterprises
Yakovlev E. A., Ananjeva E. O.
Digitalization of civil society: practical aspects
Yastremskiy I. A.
Compensation for moral damage to the patient in connection with the establishment of forensic medical examination of defects in the registration of medical documentation in the clinic of plastic surgery
Kharitonova A. A.
On inaction as part of subjective civil law
Egorov A. A.
Digital Rights Management technologies as non-jurisdictional method of protection
Sablukov D. G.
Problems of applying the business judgment rule to the director when challenging a transaction in bankruptcy
Startsev D. D.
Thesis on reviewable transactions entered into by the debtor before the insolvency. Foreign experience
Khokhlova M. I.
Problems of the practice of «restoring corporate control» as a way to protect corporate rights
Fedorenko A. S., Anishchenko O. A.
The concept of goods as an object of commercial law
Yastremskiy I. A.
To the question of the attribution of medical documentation to medical service in the law enforcement practice of Courts
CIVIL PROCESS
Kazankova T. N., Chertykovtsev Yu. V., Vorobieva A. A., Grazhdankina O. N.
Modern problems of forensic activities in the assessment of objects of intellectual rights
Minasyan G. M.
Some problems of inheritance of escheated movable property and debt collection from the territorial bodies of the Federal Property Management Agency
Tretyakova T. O.
Novelties in the regulation of writ and correspondence proceedings in civil proceedings
Zasovenko G. V.
Third parties involvement in arbitration (arbitration proceedings)
HOUSING LAW
Shamaev R. Ya.
Agreements of participation in shared construction: problems and features
LABOUR LAW
Bazhanov S. A.
On the issue of improving the personnel potential of the penitentiary system
Makhonin D. D., Scobileva I. V.
Labor migration: the essence of socio-economic phenomenon, popularization, regulation problems
Khanukaeva T. E.
Mediation in labor rights disputes in Russia: further development in a comparative context
FAMILY LAW
Ananjeva E. O., Ivliev P. V.
Recovery of alimony in favor of juvenile convicts
Shamraeva I. L.
Realization of the right of children left without parental care to live and be brought up in a family on the example of the Saratov region
FINANCIAL LAW
Bratukhin S. A.
Actual problems of legal regulation of banking activities in the context of new digital realities
Uglanova E. S.
Features of carrying out control measures by tax authorities based on the analysis of the Southern and North Caucasian Federal Districts: topical issues of judicial and administrative practice
TAX LAW
Ponomarev O. V., Platonova A. D., Chistyakova N. Yu., Nepoyranova M. V.
Advantages and risks of introducing a single tax payment
CUSTOM LAW
Moskovskiy I. S.
Problems of legal regulation and application of the “business fragmentation” tax scheme
ENTREPRENEURIAL LAW
Zubkova M. N., Shishkin N. V.
Responsibility of the governing bodies of a legal entity in the event of damage to it
ECOLOGICAL LAW
Rybinskaya E. T., Sterkhov P. A., Gavrilov A. D.
Modernization of oil refineries aimed at reducing the volume of emissions of hydrogen and sulfur dioxide as a negative factor of impact on the environment
CRIMINAL LAW
Bazhanov S. A., Zhilyaev R. M.
On the issue of citizens’ assessment of the level of corruption in the law enforcement system (Based on materials from an interactive sociological survey of citizens conducted on the official website of the Federal Penitentiary Service of Russia on the Internet in 2019)
Bondarev S. P., Bohan A. P., Donskoy D. D.
Historical validity of criminal liability for unlawful seizure of a car or other vehicle without the purpose of theft (theft)
Bronnikov D. A.
Study of the impact of information technology on the development of new forms of organized crime in Japan and analysis of similar risks in the Russian Federation
Ibragimov A. G., Mulyukov F. B.
Actual problems of criminal prosecution for crimes in the field of illicit trafficking in narcotic drugs and psychotropic substances
Ivanov I. Yu., Chistyakov A. A.
General characteristics of non-fulfillment of a military order
Isaev V. V.
Basic principles of Gunter Jacobs’ Feindstrafrecht theory and their reflection in the criminal legislation of Russia, Germany and USA
Zorina N. S.
Causes and measures to prevent student crime
Karchaeva K. A.
The current state and prospects for the development of the methodology for compiling a psychological portrait of the killer
Kolotilina A. A.
Objective signs of crimes committed by bailiffs (articles 285 and 286 of the Criminal Code of the Russian Federation)
Makarov R. V., Gabdrahmanov F. V.
Recognition of recidivism of crimes with the cancellation of a suspended sentence: to the history of the issue
Maltseva S. N., Suleymanov T. A.
Questions of qualification of acts for the commission of iatrogenic crimes
Nabiullina V. R.
The ratio of the elements of crimes provided for in Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation with other elements of crimes
Osadchaya N. G., Tatyanchenko L. E.
Child support evasion: criminal law and criminological aspects
Romanova N. L., Frolov S. A.
About some problems of atmospheric pollution qualification
Sennikov I. S.
Trend towards mitigating responsibility for tax evasion crimes in the Russian Federation and Western experience with regard to criminal liability for evasion of payment of taxes, fees, and other mandatory payments
Suleymanov T. A., Fomin V. V.
Criminal liability of medical personnel for a professional mistake
Mulyukov F. B., Ibragimov A. G.
Principles of criminal law and topical issues of their implementation in the process of imposition of punishment
Anderia D. G. K.
Responsibility for crimes committed with the use of artificial intelligence systems
Devichenskiy M. V.
On the issue of determining the subject of military contraband during a special military operation
CRIMINAL PROCESS
Abdulvaliev A. F., Petrov V. V., Tolstoluzhinskay E.M
Video conferencing and novelties of criminal procedure legislation
Alexandrova O. P., Bogdanov M. N.,
Some issues of using the capabilities of video conferencing systems at the stage of preliminary investigation of crimes
Bazhanov S. A., Medvedeva I. N.
Solving the problem of overlimit in pre-trial detention centers of the penitentiary system: foreign experience
Bilyaev V. A., Taranin M. A., Yuzvak S. A.
Justice and competitiveness in criminal proceedings: the legal relationship and the spiritual and ideological roots of antagonism
Biruk M. S., Samorodskiy E. O.
Auto technical examination and investigatory experiment are essential tools of the investigator in collecting the grounds for initiating a criminal proceeding on the signs of a crime provided by st. 264 of the CPC RF
Gerasenkov V. M.
Issues of reclassification of crimes at the stage of preliminary investigation
Emelyanova N. Yu., Rakhmonberdiev B. B.
The history of the formation of the procedural status of the investigator in Russia
Krashennikova T. V., Kobleva M. M.
To the question of involving the member of the election commission with the right of the decisive vote as the accused member
Saakyan A. G., Trifonova K. A., Dolgacheva O. I.
The state of health of the suspect or the accused as a circumstance taken into account when choosing a measure of restraint in the form of detention
Samoylova Zh. V.
On the structure of a civil claim in the Russian criminal process
Smolina M. M., Davidenko A. D.
Problematic aspects of the procedure for determining the amount and timing of payment of a court fine
Tingaeva I. V.
Observance of the rights and freedoms of citizens in pre-trial proceedings in criminal cases
Glimeyda V. V.
Problems of ensuring the rights of participants in the production of investigative actions in the video conferencing mode
Melodiev A. A.
The concept, purpose and classification of preventive measures
CRIMINAL-EXECUTIVE LAW
Bevz L. V.
On the issue of prevention of escape activity of convicts from places of deprivation of liberty
Epifanov O. S., Kosheluk B. E.
On ensuring the safety of staff of correctional institutions and measures to increase it
Marchenko D. E., Kazankova T. N.
On the issue of classification of legal acts of the Federal Penitentiary Service
Radchenko E. P., Zorina N. S.
Psychological support of minors convicted in educational colonies
Pashkova E. N.
Genesis of control over parolees
Kurlyshev A. O., Shigvaleeva V. Yu.
Medical and social problems of detention in penitentiary institutions of the Russian Federation
CRIMINALISTICS
Nakhapetyan M. G.
Features of use special knowledge in the investigation of theft and theft of cars
Akbarov I. I., Galyautdinov R. R.
Evaluation of the conclusion of a specialist in economic crimes
Ishbulatov I. I., Galyautdinov R. R.
Tactics of preparation of the public prosecutor for the criminal proceedings of the first instance
Kustova N. K.
To the question of the production of a portrait examination on photo and video images
Karpinskiy D. A.
Preliminary investigation and initial stage of investigation of frauds related to paranormal and occult services
Kitaev N. N., Kitaeva V. N.
Forensic psychology and biorhythmology in the investigation of crimes
Kovalev V. V., Mukhametshin A. F., Alekseev A. O.
On the question of the practical significance of operational-investigative characteristics of crimes on the example of solving murders
Nizaeva S. R.
Criminalistic characteristics of crimes related to intentional harm to health
Poziy V. S., Cherkashev N. G.
Peculiarities of the production of certain investigatory actions when revealing the underground laboratory for the production of narcotic drugs, psychotropic substances, their analogues and precursors
Skrynnikov A. E.
Digitization of expert collections: authenticity and validation
CRIMINOLOGY
Zorina N. S., Sadykova R. A.
The influence of the criminal subculture on the formation of the personality of a minor
Stupina S. A.
Swatting: manifestation in modern conditions and legal means of counteraction
LAW ENFORCEMENT AGENCIES
Kurginyants N. V., Nabiev V. V., Kuznetsov S. V.
Characteristic features of the interaction of the district commissioner with other services and divisions of the internal affairs bodies in the prevention of extremist crimes
Nikolaev N. Yu., Alexeev A. M., Khorolskiy V. V.
The place of fire training in the formation of the personality of an employee of the internal affairs bodies
Soshin A. A., Mukhametshin A. F.
On some measures taken by the leadership of the internal affairs bodies to prevent and minimize the consequences of emergency situations associated with the occurrence of forest fires
Stukanov I. A.
Accounting of foreign experience in the organization of detective activities of the Russian customs authorities on the example of the Germany
Tsarkova E. G., Bodrov E. N.
On the issue of Digital Culture formation in the process of professional training of employees of the Penitentiary System of Russian Federation
Sherstyanykh A. S.
Possibilities of using artificial intelligence technology in the activity of law enforcement agencies
Khazhirokov V. A.
Actual problems of organizing independent physical training of employees of the Internal Affairs Directorate of the Russian Federation
Tsarkova E. G.
On the issue of the use of artificial intelligence in legal departments
SECURITY AND LAW
Vostroknutov A. L., Nelyubin R. V.
Topical issues of countering the use of biological weapons in the modern period
Illyuk P. A.
Computer Crimes Act 1997 (Malaysia): reasons for adoption and application problems
Nikitin A. I., Konstantinov V. N., Pichugin D. A.
Countering terrorist threats during Russia’s special military operation in Ukraine
STATE AND LAW
Andryukhina I. Yu., Pekhova L. S., Semenova I. O.
To the question of the problems of staffing of public authorities and local self-government and ways to solve them
Mandazhi D. I., Yakupova G. A.
State programs for the development and support of ecological tourism in the Republic of Bashkortostan
PEDAGOGY AND LAW
Kanukoev A. M., Kodzokov A. Kh.
The impact of information technology on the learning process of students of educational organizations of the Ministry of Internal Affairs of Russia
Meshev I. Kh.
Some problems of teaching the performance of throws for police officers in physical training classes
Mikhaylov A. O., Latypova E. R.
Interaction of cultures in modern conditions
PSYCHOLOGY AND LAW
Pilipenko N. A., Solovjeva A. V.
Techniques of neuro-linguistic programming in legal discourse
Le Minh Phuong, Nguyen Duc Manh
Factors affecting the adaptability to learning and training of first-year students of Vietnam people’s Security Academy
ECONOMY. LAW. SOCIETY
Abramova S. R., Bashirina E. N., Khakimov R. M., Abramov I. R.
Economic security and social stability of Russian society
Gallyamova A. R., Guseva A. A., Gallyamov R. T.
Digitalization of the economy: background, trends, prospects and risks
Gvozd A. A., Berezhnykh M. V.
On the role of universities in the formation of environmental thinking in society (practice of the Federal State Budgetary Educational Institution of Higher Education “IRNITU”)
Evdokimenko S. S., Berezhnykh M. V.
The expediency of using the principles of environmental management in the activities of enterprises
Datsenko S. V., Naumenko M. V.
Technical evaluation of suppliers. Main aspects and topical issues
Kretova A. I.
Social efficiency of Russian oil and gas sector enterprises
Kuznetsova K. V., Khachatryan O. A.
Staff motivation as a way to improve the quality of human capital
Ugurchiev O. B., Ugurchieva R. O., Volov M. A.
Features of state regulation of investment and innovation policy in the region
Mehdiyev S. T., Suleymanova F. K., Bondarenko A. V.
Visual brand communications and their impact on the psychology and economic outlook of the consumer
Orlova D. S., Shastina A. R.
Fake news in the economy: creating excessive demand for extra profit
Pshibylskiy D. Yu.
The role of a mentor in the adaptation of the organization’s employees
Safina R. R., Liu Qiannan
The strategic outlook for audit development
Radchenko E. P., Vdovina A. N., Montlevich T. A.
The importance of budget reporting indicators in the food supply system of the penal enforcement system of the Russian Federation
Chelpanova M. M., Korenyugin V. V.
Import substitution as a factor in the development of the Russian economy
Chumlyakov K. S., Chumlyakova D. V.
Internationalization of the Northern Sea Route: Opportunities and Obstacles
Ugurchiev O. B., Tsurova L. A., Shumakhova K. S.
Innovative processes in the agro-industrial complex: problems and solutions
Fedulin E. A., Danilov E. V., Fedulina I. R.
To the question of legal regulation of public-private partnership in the field of health care
Yamaletdinova K. Sh., Nurutdinov A. A., Shcherbakov A. T.
Ensuring industrial safety at petrochemical enterprises
Yantudin A. N., Kireeva O. A.
Non-material motivation as a key factor for maximizing the resource potential of employees of Viogpc Project Institutes
Nersesyants B. A.
Economic prerequisites for the use of franchising in the service sector and the evolution of its development
PHILOSOPHY. LAW. SOCIETY
Bondarenko O. V., Vasenkin A. V.
Socio-ethical features of the historical development of scientific and technical activities
Balchindorzhieva O. B., Zaitseva A. A., Tsyrendashieva V. T.
The philosophy concept of environmental law in China
Voytov A. V., Gladkov D. V., Mikhaylov S. N.
Traditional Russian spiritual and moral values in the consumer society: a sociological view
Grogulenko N. V., Grogulenko A. I., Palaeva A. S., Levashov D. A.
Ecological consciousness of youth (on the example of Ufa)
Gofman A. A., Timoschuk A. S.
Human rights and limits of growth
Kochesokov R. K., Bizheva A. P., Kulturbaeva L. M.
Typology of political elites
Malakhova E. V.
Subjectness – a goal or an obstacle to the development of artificial intelligence?
Markova N. M.
Political mercy: some aspects of modern theological and philosophical understanding
Ravochkin N. N.
Social institution as hard-to-formalize object: philosophical analysis
Khabibova M. M., Shikhalieva N. M., Babaeva Z. A. Ibragimova E. S.
Euthanasia: understanding and principles of bioethics
Jiang Dan
The impact of philosophical thinking on the quality of life of Chinese residing in Russia
Avetisyan V. S.
Sociocultural Aspects of the Formation of Gender identity in Modern Society
Bondarenko O. V., Chuksina V. V.
Philosophical aspects of the concept of information and its application in the natural sciences
Khomich N. V.
Fundamentals of project thinking in philosophical interpretation
Zueva E. K.
Formation of the value consciousness of a person in the modern world in the conditions of transformation of society
A. Schwartz: On sustainable development on the eve of the International Mother Earth Day
An Interview with Ph.D. in geographical sciences, Head of the Center for responsible environmental management of the Institute of Geography of the Russian Academy of Sciences (RAS), Honored ecologist of the Russian Federation, Evgeniy Arkadjevich Schwartz
INTERNATIONAL LAW
Ableeva G. R.
The place of the European Court of Human Rights in the system of international bodies for the protection of the rights of the child
Amiantov A. A., Rabadanov I. R., Sodikov Sh. D.
Legal Bases of Cooperation between the Russian Federation and the Republic of Moldova
Biryukov P. N.
On the legal status of precious stones in the law of the EAEU
Kuchina A. M.
Contemporary issues of protection of the transmissions of broadcasting organizations from unauthorized use on the example of sports broadcasts
Saprynskaya D. V.
Central Asia and the Greater Eurasian Partnership concept: intraregional risks and opportunities for cooperation
Volkova A. A.
Problematic aspects of interaction between the WTO LFS and regional systems for resolving international trade disputes
Popovic M.
Implementation of international treaties on preventing trafficking in human beings into the national legislation of the republic of Serbia
Twumasi Rebecca Maami Afia Fosuvaa
The problems of implementation of the UN Convention to combat desertification 1994 in West Africa
Chen Guixin
Analysis of the results of the 14th meeting of the conference of the contracting parties to the Ramsar Convention on wetlands (COP14)
INTERNATIONAL PRIVATE LAW
Agarkova A. A., Beletskaya V. A., Glinshchikova T. V.
Problems of legal regulation of international maritime transport of goods
Butakova N. A., Evgrafova I. V.
Caspian Sea region: history of formation and prospects of development
Talimonchik V. P.
Activities of UNCITRAL on regulation of dispute resolution related to technology
COMPARATIVE LAW
Tatarnikov V. G., Nikitin Yu. P., Kargapolova A. A.
Comparative legal analysis of the status of the institute of prosecution in Russia and in the United States of America
THEORY OF STATE AND LAW
Arkhipova E. Yu., Kondrashov Yu. A.
The concept of legal stability
Vu Duc Dung
Building the rule of law state in Vietnam: theoretical and practical issues
Dubrovin M. A.
Integration activities of the Russian Federation in a multipolar world
Molotkov M. B.
Legal regulation in the context of the problem of the relationship between right and law in domestic legal science in the second half of the 19th – early 21st centuries
Ruzavina E. Yu., Shevchuk E. P.
Problems of the formation of legal consciousness of medical workers in Russia
Samusenko T. M., Prokudina R. O.
Legal technique and municipal regulatory legal acts (on the example of Primorsky Krai)
HISTORY OF STATE AND LAW
Boldakovskiy E. V., Pavlova N. G.
The history of the development of Soviet standardization
Vdovina A. N.
Features of the development of food provision for convicts in the Russian penal system: a retrospective analysis and modern realities
Gnetova L. V., Gulyaeva T. B.
Features of the assignment of alimony to minors under the Soviet laws of 1936-1937
Gorokhov A. A., Gorokhova K. I.
The influence of religion on law. Historical aspect
Dovgan K. E.
Legal means of framework legal regulation in the RSFSR Constitution of 1918
Nedzelyuk T. G.
Legal regulation of anti-epidemic measures and the participation of clergy in them: based on the materials of the Ministry of Internal Affairs of the Russian Empire
Novikova O. I., Nekrasov A. I.
On the question of France’s foreign policy course in the 1920s and 1930s (part 1)
Shirshov B. V.
The system of administrative punishments: formation and development
Semushev D. V.
Soviet legislation as a historical source in the professional training of lawyers
Raevskaya V. A.
The history of the creation and development of workhouses in the UK
Romazanova A. N.
Prisoners of war in World War I and their legal status
CONSTITUTIONAL LAW
Denikaeva S. E., Huseynova J. Sh.
On the issue of restricting the rights and freedoms of civil servants in the Russian Federation
Osmanova A. G.
The main directions of improving the right of citizens to participate in the management of state affairs
ADMINISTRATIVE LAW
Shmelev I. V.
On the concept and content of administrative justice in Anglo-Saxon countries
Filin V. V., Fetkulov A. H., Rakhimgulova M. B., Baikenzhina K. A.
Оn some issues of administrative responsibility of foreigners and stateless persons for violation of the rules of stay in the republic of Kazakhstan
Fomina T. F.
Improvement of the legal regulation of incentive proceedings in the internal affairs bodies
Franz O. Yu.
Legal support of control and supervision activities of state bodies
Shmelev I. V., Muratova E. V.
Criteria for the challenge of administrative decisions on the example of Anglo-Saxon countries
CIVIL LAW
Arzhilovskiy D. E., Grigorjev A. S.
Influence of cyberspace and digital technologies on the sense of justice and legal education of citizens
Bakunin S. N., Kurbatova G. V.
To the question of theoretical understanding of the concept and legal nature of the supply contract
Gaybatova K. D., Mustafaev D. Sh.
Inheritance contract as the basis of inheritance in Russian and foreign legal orders
Guseva A. A.
Objective imputation in determining subjective good faith in vindication disputes
Dorzhieva S. V.
On certain provisions of adoption and guardianship in relation to orphans and children left without parental care
Ivliev P. V., Ananjev O. G.
Leverage leasing as an innovative form of financial lease in Russia
Kazankova T. N., Antipova Ya. O., Kurilkina M. S.
Expert-analytical activity in the judicial sphere: problems and prospects of law enforcement
Kurbatova G. V., Bakunin S. N.
Types of supply contract and its differences from related civil law contracts
Kondratjev P.O., Koshelyuk B.E., Silkina Yu.S., Slepov A.P.
Development of digital law in Russia
Korchagin M. A., Moroz N. A.
Right of development: a comparative legal analysis with construction lease
Kolomiets V. A.
Professional legal representation
Lebedev M. A., Lebedeva A. F.
Changes in labor protection legislation in 2023 for microenterprises
Yakovlev E. A., Ananjeva E. O.
Digitalization of civil society: practical aspects
Yastremskiy I. A.
Compensation for moral damage to the patient in connection with the establishment of forensic medical examination of defects in the registration of medical documentation in the clinic of plastic surgery
Kharitonova A. A.
On inaction as part of subjective civil law
Egorov A. A.
Digital Rights Management technologies as non-jurisdictional method of protection
Sablukov D. G.
Problems of applying the business judgment rule to the director when challenging a transaction in bankruptcy
Startsev D. D.
Thesis on reviewable transactions entered into by the debtor before the insolvency. Foreign experience
Khokhlova M. I.
Problems of the practice of «restoring corporate control» as a way to protect corporate rights
Fedorenko A. S., Anishchenko O. A.
The concept of goods as an object of commercial law
Yastremskiy I. A.
To the question of the attribution of medical documentation to medical service in the law enforcement practice of Courts
CIVIL PROCESS
Kazankova T. N., Chertykovtsev Yu. V., Vorobieva A. A., Grazhdankina O. N.
Modern problems of forensic activities in the assessment of objects of intellectual rights
Minasyan G. M.
Some problems of inheritance of escheated movable property and debt collection from the territorial bodies of the Federal Property Management Agency
Tretyakova T. O.
Novelties in the regulation of writ and correspondence proceedings in civil proceedings
Zasovenko G. V.
Third parties involvement in arbitration (arbitration proceedings)
HOUSING LAW
Shamaev R. Ya.
Agreements of participation in shared construction: problems and features
LABOUR LAW
Bazhanov S. A.
On the issue of improving the personnel potential of the penitentiary system
Makhonin D. D., Scobileva I. V.
Labor migration: the essence of socio-economic phenomenon, popularization, regulation problems
Khanukaeva T. E.
Mediation in labor rights disputes in Russia: further development in a comparative context
FAMILY LAW
Ananjeva E. O., Ivliev P. V.
Recovery of alimony in favor of juvenile convicts
Shamraeva I. L.
Realization of the right of children left without parental care to live and be brought up in a family on the example of the Saratov region
FINANCIAL LAW
Bratukhin S. A.
Actual problems of legal regulation of banking activities in the context of new digital realities
Uglanova E. S.
Features of carrying out control measures by tax authorities based on the analysis of the Southern and North Caucasian Federal Districts: topical issues of judicial and administrative practice
TAX LAW
Ponomarev O. V., Platonova A. D., Chistyakova N. Yu., Nepoyranova M. V.
Advantages and risks of introducing a single tax payment
CUSTOM LAW
Moskovskiy I. S.
Problems of legal regulation and application of the “business fragmentation” tax scheme
ENTREPRENEURIAL LAW
Zubkova M. N., Shishkin N. V.
Responsibility of the governing bodies of a legal entity in the event of damage to it
ECOLOGICAL LAW
Rybinskaya E. T., Sterkhov P. A., Gavrilov A. D.
Modernization of oil refineries aimed at reducing the volume of emissions of hydrogen and sulfur dioxide as a negative factor of impact on the environment
CRIMINAL LAW
Bazhanov S. A., Zhilyaev R. M.
On the issue of citizens’ assessment of the level of corruption in the law enforcement system (Based on materials from an interactive sociological survey of citizens conducted on the official website of the Federal Penitentiary Service of Russia on the Internet in 2019)
Bondarev S. P., Bohan A. P., Donskoy D. D.
Historical validity of criminal liability for unlawful seizure of a car or other vehicle without the purpose of theft (theft)
Bronnikov D. A.
Study of the impact of information technology on the development of new forms of organized crime in Japan and analysis of similar risks in the Russian Federation
Ibragimov A. G., Mulyukov F. B.
Actual problems of criminal prosecution for crimes in the field of illicit trafficking in narcotic drugs and psychotropic substances
Ivanov I. Yu., Chistyakov A. A.
General characteristics of non-fulfillment of a military order
Isaev V. V.
Basic principles of Gunter Jacobs’ Feindstrafrecht theory and their reflection in the criminal legislation of Russia, Germany and USA
Zorina N. S.
Causes and measures to prevent student crime
Karchaeva K. A.
The current state and prospects for the development of the methodology for compiling a psychological portrait of the killer
Kolotilina A. A.
Objective signs of crimes committed by bailiffs (articles 285 and 286 of the Criminal Code of the Russian Federation)
Makarov R. V., Gabdrahmanov F. V.
Recognition of recidivism of crimes with the cancellation of a suspended sentence: to the history of the issue
Maltseva S. N., Suleymanov T. A.
Questions of qualification of acts for the commission of iatrogenic crimes
Nabiullina V. R.
The ratio of the elements of crimes provided for in Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation with other elements of crimes
Osadchaya N. G., Tatyanchenko L. E.
Child support evasion: criminal law and criminological aspects
Romanova N. L., Frolov S. A.
About some problems of atmospheric pollution qualification
Sennikov I. S.
Trend towards mitigating responsibility for tax evasion crimes in the Russian Federation and Western experience with regard to criminal liability for evasion of payment of taxes, fees, and other mandatory payments
Suleymanov T. A., Fomin V. V.
Criminal liability of medical personnel for a professional mistake
Mulyukov F. B., Ibragimov A. G.
Principles of criminal law and topical issues of their implementation in the process of imposition of punishment
Anderia D. G. K.
Responsibility for crimes committed with the use of artificial intelligence systems
Devichenskiy M. V.
On the issue of determining the subject of military contraband during a special military operation
CRIMINAL PROCESS
Abdulvaliev A. F., Petrov V. V., Tolstoluzhinskay E.M
Video conferencing and novelties of criminal procedure legislation
Alexandrova O. P., Bogdanov M. N.,
Some issues of using the capabilities of video conferencing systems at the stage of preliminary investigation of crimes
Bazhanov S. A., Medvedeva I. N.
Solving the problem of overlimit in pre-trial detention centers of the penitentiary system: foreign experience
Bilyaev V. A., Taranin M. A., Yuzvak S. A.
Justice and competitiveness in criminal proceedings: the legal relationship and the spiritual and ideological roots of antagonism
Biruk M. S., Samorodskiy E. O.
Auto technical examination and investigatory experiment are essential tools of the investigator in collecting the grounds for initiating a criminal proceeding on the signs of a crime provided by st. 264 of the CPC RF
Gerasenkov V. M.
Issues of reclassification of crimes at the stage of preliminary investigation
Emelyanova N. Yu., Rakhmonberdiev B. B.
The history of the formation of the procedural status of the investigator in Russia
Krashennikova T. V., Kobleva M. M.
To the question of involving the member of the election commission with the right of the decisive vote as the accused member
Saakyan A. G., Trifonova K. A., Dolgacheva O. I.
The state of health of the suspect or the accused as a circumstance taken into account when choosing a measure of restraint in the form of detention
Samoylova Zh. V.
On the structure of a civil claim in the Russian criminal process
Smolina M. M., Davidenko A. D.
Problematic aspects of the procedure for determining the amount and timing of payment of a court fine
Tingaeva I. V.
Observance of the rights and freedoms of citizens in pre-trial proceedings in criminal cases
Glimeyda V. V.
Problems of ensuring the rights of participants in the production of investigative actions in the video conferencing mode
Melodiev A. A.
The concept, purpose and classification of preventive measures
CRIMINAL-EXECUTIVE LAW
Bevz L. V.
On the issue of prevention of escape activity of convicts from places of deprivation of liberty
Epifanov O. S., Kosheluk B. E.
On ensuring the safety of staff of correctional institutions and measures to increase it
Marchenko D. E., Kazankova T. N.
On the issue of classification of legal acts of the Federal Penitentiary Service
Radchenko E. P., Zorina N. S.
Psychological support of minors convicted in educational colonies
Pashkova E. N.
Genesis of control over parolees
Kurlyshev A. O., Shigvaleeva V. Yu.
Medical and social problems of detention in penitentiary institutions of the Russian Federation
CRIMINALISTICS
Nakhapetyan M. G.
Features of use special knowledge in the investigation of theft and theft of cars
Akbarov I. I., Galyautdinov R. R.
Evaluation of the conclusion of a specialist in economic crimes
Ishbulatov I. I., Galyautdinov R. R.
Tactics of preparation of the public prosecutor for the criminal proceedings of the first instance
Kustova N. K.
To the question of the production of a portrait examination on photo and video images
Karpinskiy D. A.
Preliminary investigation and initial stage of investigation of frauds related to paranormal and occult services
Kitaev N. N., Kitaeva V. N.
Forensic psychology and biorhythmology in the investigation of crimes
Kovalev V. V., Mukhametshin A. F., Alekseev A. O.
On the question of the practical significance of operational-investigative characteristics of crimes on the example of solving murders
Nizaeva S. R.
Criminalistic characteristics of crimes related to intentional harm to health
Poziy V. S., Cherkashev N. G.
Peculiarities of the production of certain investigatory actions when revealing the underground laboratory for the production of narcotic drugs, psychotropic substances, their analogues and precursors
Skrynnikov A. E.
Digitization of expert collections: authenticity and validation
CRIMINOLOGY
Zorina N. S., Sadykova R. A.
The influence of the criminal subculture on the formation of the personality of a minor
Stupina S. A.
Swatting: manifestation in modern conditions and legal means of counteraction
LAW ENFORCEMENT AGENCIES
Kurginyants N. V., Nabiev V. V., Kuznetsov S. V.
Characteristic features of the interaction of the district commissioner with other services and divisions of the internal affairs bodies in the prevention of extremist crimes
Nikolaev N. Yu., Alexeev A. M., Khorolskiy V. V.
The place of fire training in the formation of the personality of an employee of the internal affairs bodies
Soshin A. A., Mukhametshin A. F.
On some measures taken by the leadership of the internal affairs bodies to prevent and minimize the consequences of emergency situations associated with the occurrence of forest fires
Stukanov I. A.
Accounting of foreign experience in the organization of detective activities of the Russian customs authorities on the example of the Germany
Tsarkova E. G., Bodrov E. N.
On the issue of Digital Culture formation in the process of professional training of employees of the Penitentiary System of Russian Federation
Sherstyanykh A. S.
Possibilities of using artificial intelligence technology in the activity of law enforcement agencies
Khazhirokov V. A.
Actual problems of organizing independent physical training of employees of the Internal Affairs Directorate of the Russian Federation
Tsarkova E. G.
On the issue of the use of artificial intelligence in legal departments
SECURITY AND LAW
Vostroknutov A. L., Nelyubin R. V.
Topical issues of countering the use of biological weapons in the modern period
Illyuk P. A.
Computer Crimes Act 1997 (Malaysia): reasons for adoption and application problems
Nikitin A. I., Konstantinov V. N., Pichugin D. A.
Countering terrorist threats during Russia’s special military operation in Ukraine
STATE AND LAW
Andryukhina I. Yu., Pekhova L. S., Semenova I. O.
To the question of the problems of staffing of public authorities and local self-government and ways to solve them
Mandazhi D. I., Yakupova G. A.
State programs for the development and support of ecological tourism in the Republic of Bashkortostan
PEDAGOGY AND LAW
Kanukoev A. M., Kodzokov A. Kh.
The impact of information technology on the learning process of students of educational organizations of the Ministry of Internal Affairs of Russia
Meshev I. Kh.
Some problems of teaching the performance of throws for police officers in physical training classes
Mikhaylov A. O., Latypova E. R.
Interaction of cultures in modern conditions
PSYCHOLOGY AND LAW
Pilipenko N. A., Solovjeva A. V.
Techniques of neuro-linguistic programming in legal discourse
Le Minh Phuong, Nguyen Duc Manh
Factors affecting the adaptability to learning and training of first-year students of Vietnam people’s Security Academy
ECONOMY. LAW. SOCIETY
Abramova S. R., Bashirina E. N., Khakimov R. M., Abramov I. R.
Economic security and social stability of Russian society
Gallyamova A. R., Guseva A. A., Gallyamov R. T.
Digitalization of the economy: background, trends, prospects and risks
Gvozd A. A., Berezhnykh M. V.
On the role of universities in the formation of environmental thinking in society (practice of the Federal State Budgetary Educational Institution of Higher Education “IRNITU”)
Evdokimenko S. S., Berezhnykh M. V.
The expediency of using the principles of environmental management in the activities of enterprises
Datsenko S. V., Naumenko M. V.
Technical evaluation of suppliers. Main aspects and topical issues
Kretova A. I.
Social efficiency of Russian oil and gas sector enterprises
Kuznetsova K. V., Khachatryan O. A.
Staff motivation as a way to improve the quality of human capital
Ugurchiev O. B., Ugurchieva R. O., Volov M. A.
Features of state regulation of investment and innovation policy in the region
Mehdiyev S. T., Suleymanova F. K., Bondarenko A. V.
Visual brand communications and their impact on the psychology and economic outlook of the consumer
Orlova D. S., Shastina A. R.
Fake news in the economy: creating excessive demand for extra profit
Pshibylskiy D. Yu.
The role of a mentor in the adaptation of the organization’s employees
Safina R. R., Liu Qiannan
The strategic outlook for audit development
Radchenko E. P., Vdovina A. N., Montlevich T. A.
The importance of budget reporting indicators in the food supply system of the penal enforcement system of the Russian Federation
Chelpanova M. M., Korenyugin V. V.
Import substitution as a factor in the development of the Russian economy
Chumlyakov K. S., Chumlyakova D. V.
Internationalization of the Northern Sea Route: Opportunities and Obstacles
Ugurchiev O. B., Tsurova L. A., Shumakhova K. S.
Innovative processes in the agro-industrial complex: problems and solutions
Fedulin E. A., Danilov E. V., Fedulina I. R.
To the question of legal regulation of public-private partnership in the field of health care
Yamaletdinova K. Sh., Nurutdinov A. A., Shcherbakov A. T.
Ensuring industrial safety at petrochemical enterprises
Yantudin A. N., Kireeva O. A.
Non-material motivation as a key factor for maximizing the resource potential of employees of Viogpc Project Institutes
Nersesyants B. A.
Economic prerequisites for the use of franchising in the service sector and the evolution of its development
PHILOSOPHY. LAW. SOCIETY
Bondarenko O. V., Vasenkin A. V.
Socio-ethical features of the historical development of scientific and technical activities
Balchindorzhieva O. B., Zaitseva A. A., Tsyrendashieva V. T.
The philosophy concept of environmental law in China
Voytov A. V., Gladkov D. V., Mikhaylov S. N.
Traditional Russian spiritual and moral values in the consumer society: a sociological view
Grogulenko N. V., Grogulenko A. I., Palaeva A. S., Levashov D. A.
Ecological consciousness of youth (on the example of Ufa)
Gofman A. A., Timoschuk A. S.
Human rights and limits of growth
Kochesokov R. K., Bizheva A. P., Kulturbaeva L. M.
Typology of political elites
Malakhova E. V.
Subjectness – a goal or an obstacle to the development of artificial intelligence?
Markova N. M.
Political mercy: some aspects of modern theological and philosophical understanding
Ravochkin N. N.
Social institution as hard-to-formalize object: philosophical analysis
Khabibova M. M., Shikhalieva N. M., Babaeva Z. A. Ibragimova E. S.
Euthanasia: understanding and principles of bioethics
Jiang Dan
The impact of philosophical thinking on the quality of life of Chinese residing in Russia
Avetisyan V. S.
Sociocultural Aspects of the Formation of Gender identity in Modern Society
Bondarenko O. V., Chuksina V. V.
Philosophical aspects of the concept of information and its application in the natural sciences
Khomich N. V.
Fundamentals of project thinking in philosophical interpretation
Zueva E. K.
Formation of the value consciousness of a person in the modern world in the conditions of transformation of society
INTERNATIONAL LAW
ABLEEVA Gulnaz Rimovna
Legal adviser of the GAU “Technopark in the field of high technologies “IT Park””, Kazan
THE PLACE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE SYSTEM OF INTERNATIONAL BODIES FOR THE PROTECTION OF THE RIGHTS OF THE CHILD
In the article deals the international bodies aimed at protecting the rights of children. The author provides a classification of international bodies involved in the protection of children’s rights. Judicial protection is considered as a legal mechanism for the protection of children’s rights, namely the place of the European Court of Human Rights in the system of international bodies for the protection of children’s rights. The author substantiates the role of the European Court of Human Rights in protecting the rights of children. The article presents a brief overview of the jurisprudence of the ECHR, aimed at ensuring the best interests of the child. In conclusion, the role of the European Court of Human Rights and its decisions in the international arena is noted.
Keywords: protection of children’s rights, international law, international bodies, Convention on the Rights of the Child, European Court of Human Rights, Declaration on the Rights of the Child, ensuring the best interests of the child.
Reference list
1. International and domestic protection of human rights: Textbook / Ed. R. M. Valeeva. – M.: Statute, 2011. – 830 p.
2. Nugaeva N. G. Protection of the rights of the child / International and domestic protection of human rights: Textbook / Under. ed. R. M. Valeeva. – M.: Statute, 2011. – 830 p. – P. 738.
3. Guskova A.P. The right to judicial protection is one of the basic principles of human rights protection // Human rights in international and domestic law: Textbook for universities / Ed. ed. prof. R. M. Valeev. – Kazan: Kazan State University named after V. I. Ulyanov – Lenin, 2004. – 300 p.
4. Kovalev A. A. International protection of human rights: a textbook. – M.: Statute, 2013. – 591 p.
5. [Electronic resource]. – Access Mode: https://www.echr.coe.int/Documents/Stats_analysis_2022_ENG.pdf.
6. Kuznetsova O. V. Commentary on the Federal Law of July 24, 1998 No. 124-FZ “On Basic Guarantees of the Rights of the Child in the Russian Federation”. – [Electronic resource]. – Access mode: GARANT legal reference system.
7. United Nations Handbook for Professionals and Officials on Justice in Cases Involving Child Victims and Witnesses of Crime. Criminal Justice Handbook Series. – UN, New York, 2010. – 156 p.
8. Information about the judgment of the ECtHR dated 07/08/2003 in the case of Sahin v. Germany (application no. 30943/96) // Bulletin of the European Court of Human Rights. – 2003. – No. 12. – [Electronic resource]. – Access mode: reference and legal system “Consultant Plus”.
9. Information on the judgment of the ECtHR dated 07/08/2003 in the case of Sommerfeld v. Germany (complaint No. 31871/96) // Bulletin of the European Court of Human Rights. – 2003. [Electronic resource]. – Access mode: reference and legal system “Consultant Plus”.
10. Review of the judicial practice of the Supreme Court of the Russian Federation. (approved by the Presidium of the Supreme Court of the Russian Federation on 07/06/2016). – 2016. – No. 2. – Electronic resource]. – Access mode: reference and legal system “Consultant-plus”.
INTERNATIONAL LAW
AMIANTOV Alexey Andreevich
Ph.D. in political sciences, associate professor of Public and municipal administration sub-faculty of the Peoples’ Friendship University of Russia
RABADANOV Idris Rabadanovich
political scientist, expert of the Expert Council of the Federation Council Committee on Defense and Security, specialist in international relations
SODIKOV Sharbatullo Dzhaborovich
Ph.D. in Law, expert of the Russian Council on International Affairs, analyst of the Center for Military and Political Studies of the MGIMO (U) of the MFA of Russia
LEGAL BASES OF COOPERATION BETWEEN THE RUSSIAN FEDERATION AND THE REPUBLIC OF MOLDOVA
The article analyzes the normative legal acts that act as the basic basis for cooperation between the Russian Federation and the Republic of Moldova. The paper examines international treaties, as well as inter-parliamentary agreements between the legislative assemblies of the countries under consideration. The forms of interparliamentary interaction are revealed.
Keywords: Russian Federation, Republic of Moldova, foreign policy, international treaties, inter-parliamentary agreements.
Reference list
1. FlyMetshin F. M., Stepanov V. P. Russia-Moldova: between the legacy of the past and the horizons of the future. – M.: Ed. “Progress-Tradition”, 2021.
2. Official portal of legal information. – [Electronic resource]. – Access mode: publication.pravo.gov.ru/
3. Official website of the State Duma. – [Electronic resource]. – Access mode: http://www.duma.gov.ru/
4. Official website of the Federation Council. – [Electronic resource]. – Access mode: http://www.council.gov.ru/
5. Collection of legislation of the Russian Federation. – 1995. – No. 20. – Art. 1766.
6. Collection of legislation of the Russian Federation. – 1995. – No. 29. – Art. 2757.
7. Collection of legislation of the Russian Federation. – 2002. – No. 26. – Art. 2524.
8. Tsvirkun V.I., Mukhametshin F.M. Memory of generations. Study of Russian-Moldovan historical ties on the territory of Moldova. – M.: “Progress-Tradition”, 2020.
9. Civilization choice. Fyodor Lukyanov on the new concept of Russia’s foreign policy // Newspaper “Kommersant” dated 04.04.2023
INTERNATIONAL LAW
BIRYUKOV Pavel Nikolaevich
Ph.D. in Law, professor, Head of International and Eurasian law sub-faculty of the Voronezh State University
ON THE LEGAL STATUS OF PRECIOUS STONES IN THE LAW OF THE EAEU
The article deals with universal and regional international cooperation in the field of circulation of precious stones. The author examines the norms of international law on the status of precious stones. The article deals with universal and regional international cooperation in the field of precious stones. The author examines the norms of international law on the status of precious stones. Both universal and regional norms on the circulation of diamonds are analyzed. Particular attention is paid to the soft law rules that govern various aspects of the diamond trade. The author examines in detail the right of the EAEU to register and trade in precious stones.
Keywords: precious stones, UN, Kimberley Process, international diamond trading organizations, EAEU, member states of the EAEU, Russia.
INTERNATIONAL LAW
KUCHINA Anastasia Mikhaylovna
postgraduate student of the Diplomatic Academy of the MIA of Russia
CONTEMPORARY ISSUES OF PROTECTION OF THE TRANSMISSIONS OF BROADCASTING ORGANIZATIONS FROM UNAUTHORIZED USE ON THE EXAMPLE OF SPORTS BROADCASTS
This article is devoted to the problems of widespread piracy of sports broadcasts in the digital environment and measures taken to combat them. It is emphasized that granting the exclusive right to broadcast sporting events raises legal issues that go beyond the existing international legal instruments related to intellectual property rights. The need to protect broadcasting organizations from unauthorized access to their live sports broadcasts, which is an important component for the development of the sports industry around the world, is noted.
Keywords: broadcasting organizations, sports broadcasts, online piracy, digital environment, internet-broadcasting, security measures, WIPO, WTO.
Reference list
1. Bolycheva M. D. Streaming broadcasting as a phenomenon of the modern media environment // Communicology. 2018. Volume No. 6. No. 4. P. 160.
2. Buzova N.V. Sports broadcasts: topical issues of legal protection and protection of rights to them // Law. Journal of the Higher School of Economics. 2019. No. 1. P. 207.
3. Gromov N. D., Saprykin D. A. Existing technologies of immersive reality in the modern market // International Journal of Applied Sciences and Technologies “Integral”. 2021. No. 4. P. 18.
4. Dorofeeva A. M. Specific objects of copyright and related rights in the sports industry. — Text: direct // New legal bulletin. 2020. No. 6 (20). P. 54.
5. Filipova I. A. Creation of the metaverse: consequences for the economy, society and law. Journal of Digital Technologies and Law. 2023. No. 1 (1). P. 8.
6. Beyond the signal: a view from China on the copyright protection of live sports programming // WIPO MAGAZINE. 2019. No. 2. P. 11.
7. de Werra, Jacques, Reference Guide to Sustaining Sport and its Development through Intellectual Property Rights // WIPO. 2022. P. 24.
INTERNATIONAL LAW
SAPRYNSKAYA Darya Viktorovna
scientific researcher of the Institute of Asian and African countries of the M. V. Lomonosov Moscow State University
CENTRAL ASIA AND THE GREATER EURASIAN PARTNERSHIP CONCEPT
The article discusses the concept of the Greater Eurasian Partnership from the point of view of the representation of the countries of Central Asia within the framework of the initiative and existing integration platforms. The autor analyzes a number of possible challenges for cooperation that are common to the countries of the Central Asian region, and also provides a general course of Russian foreign policy in connection with changes in the international arena.
Keywords: Central Asian countries, integration, SCO, EAEU, Greater Eurasian Partnership
Reference list
1. Arsent’eva I. I. Greater Eurasian partnership after 2020: Problems and prospects for project development in the post-quarantine world // Greater Eurasia: development, security, cooperation. – 2021. – No. 4-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bolshoe-evraziyskoe-partnerstvo-after-2020-goda-problemy-i-perspektivy-razvitiya-proekta-v-postkarantinnom-mire (date of access: 04/19/2023 ).
2. Li Yonghui Greater Eurasian partnership and Chinese-Russian relations // China in world and regional politics. History and modernity. Issue XXIII: annual edition / Comp., otv. ed. E. I. Safronova. – M.: IFES RAN, 2018. – S. 42-52.
3. Glazyev S. Yu. On the strategic directions of the development of the EAEU // Eurasian integration: economics, law, politics. 2020. No. 1. S. 11-30. [Electronic resource]. – Access mode: https://doi.org/10.22394/2073-2929-2020-1-11-30.
4. Muratshina K. G., Valeeva M. V. Russia and the countries of Central Asia in multilateral formats of cooperation in the field of sports within the framework of the CIS // Vestn. Volume. state university 2021. No. 469. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rossiya-i-strany-tsentralnoy-azii-v-mnogostoronnih-formatah-sotrudnichestva-v-oblasti-sporta-v-ramkah-sng (date of access: 19.04 .2023).
5. Petrovsky V. E. Russia, China and the contours of the Greater Eurasian Partnership: monograph. – M.: IFES RAS, 2018. – 216 p.
6. Alekseev S. V., Bekmakhanova N. E., Vladislavleva T. B., Meyer M. S., Syzdykova Zh. S. et al. Eurasianism: origins, concept, reality. – M.: Publis Publishing House, 2014. – 744 p.
7. Kulintsev Yu. V. Perspective vectors of development of the SCO in the context of building the Greater Eurasian Partnership // Eurasian space: new vectors and priorities / Otv. ed. – comp. V. A. MATVEEV – M.: IFES RAN, 2020. – S. 43-53
8. Efremenko DV Integration trends in the SCO space and Eurasian security // China in world and regional politics. History and modernity. Issue XXIII: annual edition / Comp., otv. ed. E. I. Safronova. – M.: IFES RAN, 2018. – S. 29-42.
9. Luzyanin S. G. Russia-China: the formation of a renewed world: a monograph / Ed. ed. Academician V. S. Myasnikov. – M.: Publishing house “Ves Mir”, 2018. – 328 p.; Luzyanin S. G., Klimenko A. F. Cooperation between Russia and China in the SCO on the implementation of the concept of the Greater Eurasian Partnership // China in World and Regional Politics. History and modernity. – 2019. – No. 24. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotrudnichestvo-rossii-i-kitaya-v-shos-po-realizatsii-kontseptsii-bolshogo-evraziyskogo-partnerstva (date of access: 04/19/2023).
10. Saprynskaya D. V. Kyrgyzstan under the threat of Islamization: Islamic identity interrupts civil one. [Electronic resource]. – Access mode: https://ia-centr.ru/experts/darya-saprynskaya/kyrgyzstan-pod-ugrozoy-islamizatsii-islamskaya-identichnost-perebivaet-grazhdanskuyu/ (date of access: 04/19/2023).
11. Ryazantsev S. V., Garibova F. M. Demographic development of the Ferghana Valley as a border region of Central Asia // DEMIS. demographic research. – 2022. – V. 2. No. 3. – S. 49-58. DOI: https://doi. org/10.19181/demis.2022.2.3.4. EDN: WMHMWE
12. Borishpolets K. P., Mekhdiev E. T. Eurasian trend of regional cooperation // In the collection: Eurasian integration: prospects for interstate cooperation. Supplement to the periodical “Yearbook IMI”. Ser. “Books and brochures by IMI” Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia, Center for Military-Political Research. – M., 2014. – S. 8-20.
13. Mehdiev E. T., Sodikov Sh. D. The importance of the CSTO in strengthening Russian-Tajik cooperation // Eurasian Law Journal. – 2016. – No. 8 (99). – P. 38-39.
14. Romashkina N. P. Information sovereignty or why Russia needs an information security strategy. [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/informatsionnyy-suverenitet-ili-pochemu-rossii-nuzhna-strategiya-informatsionnoy-bezopasnosti/ (date of access: 04/19/2023).
INTERNATIONAL LAW
VOLKOVA Alina Alexandrovna
postgraduate student of International law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PROBLEMATIC ASPECTS OF INTERACTION BETWEEN THE WTO LFS AND REGIONAL SYSTEMS FOR RESOLVING INTERNATIONAL TRADE DISPUTES
The widespread use of regional trade agreements by States has entailed a number of serious issues of a doctrinal and practical nature, among which a special place is occupied by the problem of the correlation of dispute resolution mechanisms at the WTO level and various dispute resolution mechanisms provided for by regional trade agreements. The frequent cases of conflicts of jurisdictions prove not only the relevance of this issue, but also the degree of risks associated with it. The article examines and critically evaluates the main concepts proposed in the doctrine to minimize these risks.
Keywords: World Trade Organization, regional trade agreements, conflict of jurisdictions, mechanism for resolving trade disputes.
Reference list
1. Bublik V. A., Gubareva A. V. The conflict of jurisdictions in the global and regional dispute resolution systems. Electronic Supplement to the Russian Legal Journal. – 2018. – No. 5. – P. 112-120.
2. Ispolinov A. S. On the occasion of the 20th anniversary of the WTO: a critical look at the practice of the Dispute Resolution Authority // Trade Policy. – 2015. – No. 1. – P. 10-30.
3. Ispolinov A. S., Kadysheva O. V. The crisis of the dispute resolution mechanism of the world trade organization: in search of alternatives // Law. – 2020. – No. 10. – P. 136-144.
4. Kadysheva O. V. Decision of the Dispute Resolution Body of the World Trade Organization in the case “Brazil – measures affecting the import of retreaded tires”: “the trade dispute is over, and dengue fever has just begun” // Modern Law. – 2013. – No. 9. – P. 127-131.
5. Kolos D. G. Competition between the jurisdiction of WTO dispute resolution bodies and regional trade agreements: lessons and prospects for the EAEU // Bulletin of the Moscow University. Series 11, Law: scientific journal. – Moscow. – 2022. – No. 3. – P. 21-41.
6. Smbatyan A. S. WTO and regional integration associations: the ratio of “legal forces” in the settlement of trade disputes // Russian Foreign Economic Bulletin. – 2011. – No. 8. – P. 74-82.
7. Smbatyan A. S. The conflict of jurisdictions of international justice bodies as a denial of their relationship // Russian legal journal. – 2013. – No. 5 (92). – P. 26-36.
8. Solntsev A. M., Golubev V. V. WTO and regional integration associations: competition of jurisdictions and applicable principles of law in resolving interstate disputes // Vestnik VolGU. Ser. 5. Jurisprudence. – 2013. – No. 1. – P. 93-98.
9. Trunk-Fedorova M.P. Dispute resolution under free trade agreements: an alternative to the mechanism of the World Trade Organization? // International justice. – 2019. – No. 3 (31). – P. 102-113.
10. Khuzikhanova A. R. The WTO Dispute Resolution Body and Judicial Mechanisms of International Regional Economic Integration Organizations: A Conflict of Jurisdictions // Russian Journal of Law. – 2016. – No. 6 (111). – P. 47-51.
11. Pauwelyn J. Salles L. Forum Shopping before International Tribunals: (Real) Concerns, (Im)PossibleSolutions // Cornell International Law Journal. – 2009. – Vol. 42. – No. 1. – Rp. 77-118.
12. Smbatyan A. S. The principle of res judicata in public international law: a modern reading // International public and private law. – 2012. – No. 1. – P. 3.
13. Furculita C. Fork-in-the-Road Clauses in the New EU FTAs: Addressing Conflicts of Jurisdictions with the WTO Dispute Settlement Mechanism // CLEER Paper Series, T.M.C. Asser Institute for International & European law. – 2019/1.
14. Culot H. Comment le TTIP s’articulerait-il avec le droit de l’OMC? // Revue internationale de droit economique. – 2017. – No. 1 (t. XXXI). – P. 5-34.
15. Batyah Sierpinski, Helene Tourard. Mise à l’épreuve du système de règlement des différends de l’OMC. Est-ce un rejet du multilatéralisme ou une mise en cause de l’ordre économique actuel? // Revue internationale de droit economique. – 2019/4 (t. XXXIII). – P. 423-447.
INTERNATIONAL LAW
POPOVIC Milica
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia (Serbia)
IMPLEMENTATION OF INTERNATIONAL TREATIES ON PREVENTING TRAFFICKING IN HUMAN BEINGS INTO THE NATIONAL LEGISLATION OF THE REPUBLIC OF SERBIA
It is hard to imagine that till nowadays human trafficking exists in European countries, and that we can hardly cope with this problem even in the 21st century. The solution must be started both at the national and international level. Serbia has indeed acceded to most of the international treaties on the prevention and suppression of human trafficking and the protection of human rights in general, and has brought its national legislation in line with these treaties. Within the framework of this article, some of them, to which Serbia is a participant, will be analyzed, as well as national measures taken by Serbia to prevent human trafficking and protect the rights and freedoms of its citizens. On a specific example of a case initiated against Serbia in the European Court of Human Rights (ECHR) will be analyzed how sufficient and effective these measures are.
Keywords: human trafficking, Serbia, United Nations Organization, international treaties, European Court of Human Rights.
Reference list
1. Solntsev A.M., Popovic M. Trafficking in Women and Girls on a Global Level under International Law // Kutafin Law Review. – 2023. – No. 10 (1). – R. 199-216. https://doi.org/10.17803/2713-0533.2023.1.23.199-216.
2. Vienna Convention on the Law of Treaties // United Nations, 1969
3. Gavrilov VV The concept and interaction of the international and national systems. – Moscow: INFRA-M, 2018. – 221 p.
4. Law on Supporting the Council of Europe Convention on Combating Trafficking in Human Beings (Law on the Ratification of the Council of Europe Convention on Combating Trafficking in Human Beings) // Sl. Glasnik RS – International Agreements. – No. 19/2009.
5. The law on the support of the Convention of the Nations against transnational organized crime and pre-punishment protocols (the law on the ratification of the United Nations Convention against transnational organized crime and additional protocols) // Sl. Sheet СРЈ – International agreements. – 2001. – № 6.
6. Constitution of the Republic of Serbia // Sl. Glasnik RS. – 2006.
7. International protection of human rights, edited by A. Kh. Abashidze, textbook, 2nd edition. Peoples’ Friendship University of Russia. – Moscow, 2019. – 458 p.
8. Judgment of the European Court of Human Rights of 26 March 2013 Zorica Jovanović v. Serbia (application no. 21794/08), Section II.
9. Solntsev A. M., Koneva A. E. Legal status of acts of treaty bodies on human rights in national legal systems // International Justice. – 2013. – No. 4. – P. 82-93.
10. Strategy for the fight against human trafficking in the Republic of Serbia (Strategy for combating human trafficking in the Republic of Serbia) // Sl. Glasnik RS. – No. 111/2006. – 2006.
11. Criminal Code of the Republic of Serbia // Sl. Glasnik RS. – 2005. (last modified from 2019).
12. Tsmilyanovich B. M. Trgovina is judged by light international law and registration of the Republic of Serbia (Human trafficking in the light of international law and acts of the Republic of Serbia) // Institute of Law, University in Belgrade. – Belgrade, 2015. – 296 p.
INTERNATIONAL LAW
TWUMASI Rebecca Maami Afia Fosuvaa
postgraduate student of International law sub-faculty of the Institute Law of the Peoples’ Friendship University of Russia (Republic of Ghana)
THE PROBLEMS OF IMPLEMENTATION OF THE UN CONVENTION TO COMBAT 1994 DESERTIFICATION IN WEST AFRICA
This paper deals with desertification as a leading problem for West Africa. The essence of this phenomenon is considered. The role of the UN Convention in overcoming the problem of desertification is revealed. The essence of the Convention is considered.
Keywords: desertification, desertification problem, Desertification issue in West Africa, UN Convention to Combat Desertification.
Bibliography
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INTERNATIONAL LAW
CHEN Guixin
postgraduate student of the Peoples’ Friendship University of Russia, lecturer of the Heilongjiang University (PRC)
ANALYSIS OF THE RESULTS OF THE 14TH MEETING OF THE CONFERENCE OF THE CONTRACTING PARTIES TO THE RAMSAR CONVENTION ON WETLANDS (COP14)
Wetlands are known as the “kidneys of the earth” and the protection of wetlands is a shared responsibility of all mankind. The Ramsar Convention was signed by representatives of 18 countries in the coastal city of Ramsar (Iran) on February 2, 1971. Currently, the Ramsar Convention has 172 participants, China became the 67th (ratified in 1992). The Conference of the Parties to the Ramsar Convention on Wetlands (COP) is usually held every three years, the last COP14 was held in November 2022 in Wuhan, China. A total of 21 resolutions were adopted at COP14 and a batch of International Wetland City certificates were issued. This article analyzes the main outcomes of COP14 and identifies key trends in the management and sustainable use of wetlands, their fauna and flora.
Keywords: Ramsar Convention, 14th Meeting of the Conference of the Contracting Parties to the Ramsar Convention on Wetlands (COP14), wetland conservation, International Wetland City, conference resolutions.
Reference list
1. 姚如琢.完善我国湿地生态补偿法律制度分析[J].法制博览, 2022(26):124. Yao Ruzhuo. Analysis of improving the legal system of compensation for environmental pollution of wetlands in China // Legal Expo. – 2022. – No. 26. – P. 124.
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3. The Ramsar Convention is 40 years old / M. N. Kopylov, A. M. Solntsev // Journal of Russian Law. – 2012. – No. 3 (183). – P. 105. – EDN OPVOJB.
4. Convention on Wetlands of International Importance, Principally as Habitats of Waterfowl (February 2, 1971). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/waterfowl.shtml.
5. “Wetland Protection Law of the People’s Republic of China” [《中华人民共和国湿地保护法》] (adopted at the 32nd meeting of the Standing Committee of the 13th National People’s Congress on December 24, 2021). [Electronic resource]. – Access mode: http://www.npc.gov.cn.
6. Chen Guixin. China as a Party to the Ramsar Convention // Eurasian Journal of International Law. – 2022. – No. 2 (2) – S. 92-107. [Electronic resource]. – Access mode: https://eajil.enu.kz/index.php/main/issue/view/2/2.
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12. 杨丽敏. 我国新增7个“国际湿地城市”[N]. 中国旅游报, 2022-11-14(001). DOI:10.28109/n.cnki.nclyb.2022.003125. Yang Limin. Seven New “International Wetland Cities” in China // China Tourism News. – 14-11-2022 (001). DOI: 10.28109/n.cnki.nclyb.2022.003125.
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PRIVATE INTERNATIONAL LAW
AGARKOVA Anna Andreevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
BELETSKY Viktoriya Alexeevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
GLINSHIKOVA Tatyana Vadimovna
Ph.D in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
PROBLEMS OF LEGAL REGULATION OF INTERNATIONAL MARITIME TRANSPORT OF GOODS
Water spaces have long been used for transport purposes when transporting goods, cargo and passengers. Within the framework of international trade, most goods are transported by sea, as the cheapest and most reliable. The development of electronic means of communication, technical equipment of sea vessels, the introduction of container cargo transportation into practice, leads to the emergence of new participants in legal relations arising from contracts for the carriage of goods by sea. Relations are becoming more complicated, and, accordingly, it is necessary to improve their legal regulation. In the article, the authors consider the provisions of international treaties regulating cross-border sea transportation of goods. The conclusion is made about the need to adjust some provisions of modern Russian legislation. A proposal is being made on the expediency of Russia’s ratification of the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008.
Keywords: international sea transportation, sea carrier, international contract, navigation error, bill of lading, losses.
Reference list
1. Bazhanov S. V. The practice of applying international rules on maritime transportation of goods and the problems of their unification // Problems of Science. – 2017. – No. 26 (108). – P. 75-79.
2. Glinshchikova T. V., Vinogradov D. A. Development of international legal regulation of the responsibility of the sea carrier // Problems of Economics and Legal Practice. – 2021. – No. 3. – S. 141-145.
PRIVATE INTERNATIONAL LAW
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
CASPIAN SEA REGION: HISTORY OF FORMATION AND PROSPECTS OF DEVELOPMENT
The Caspian Sea and the lands adjacent to it are once again becoming the center of global events. At a time when the security of energy supply occupies an important place on the international agenda and there are renewed concerns about the lack of resources, the countries of the Caspian region are entering the global arena, claiming new roles as suppliers of resources to the world . However, the newfound strength and self-confidence of the Governments of these countries are based on unreliable ground. How will a temporary – or long-term – global recession affect these newly independent countries? How will climate change affect them and will global climate policy change the value of their vast hydrocarbon reserves? In some of these countries there have been internal armed conflicts (Tajikistan, Georgia) or conflicts with neighboring states (Armenia, Azerbaijan, Georgia) – can hostilities break out again? Who will gain influence and who will lose – or will the geopolitical games simply serve to destabilize the situation? This article is dedicated to these and many other issues.
Keywords: Caspian Sea, countries of the Caspian region, identity, socialist republics, natural resources.
Reference list
1. Katik Mevlut. Militarization of the Caspian Sea. – London: Routledge, 2008. – P. 297-310.
2. Sidikov B. New or traditional? ‘Clans’, regional groupings and the State in post-Soviet Azerbaijan // Berliner Osteuropa Info. – No. 21. – P. 68-74.
3. International Crisis Group. Energy Risks in Central Asia, ICG Asia Report, No. 133, May 24, 2007. – [Electronic resource]. – Mode of access: https://www.crisisgroup.org/europe-central-asia/central-asia/central-asia-s-energy-risks.
4. Enikeev Sh. Kazakhstan gas: export markets and export routes // Oil and Gas Journal. – Oxford: Oxford Institute for Energy Studies. – 2008. – 107 (2). – P. 52-53.
5. BP: Statistical Review of World Energy, June 2009 – [Electronic resource]. – Access mode: http://www.bp.com/
6. Zhiznin S. Z., Guliyev I. A. Energy diplomacy in the Caspian region. – MGIMO Scientific Schools, 2011. – P. 241-247.
PRIVATE INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty of the North-Western Branch of the Russian State University of Justice
ACTIVITIES OF UNCITRAL ON REGULATION OF DISPUTE RESOLUTION RELATED TO TECHNOLOGY
The purpose of the research pursued in the article is to identify the features of technology-related disputes and to assess the effectiveness of the procedure for their resolution proposed by UNCITRAL. Methods of analysis and synthesis, formal-logical and problem-theoretical methods were used in the study. As a result of the study, it was revealed that the Draft Provisions for Technology-related Dispute Resolution, at this stage of their development, are separate provisions. UNCITRAL hardly uses the experience of the WIPO Center for Arbitration and Mediation to resolve such disputes. In the context of international institutional competition, it is highly desirable to develop mechanisms for cooperation between UNCITRAL and WIPO.
Keywords: judge, court, justice, international commercial arbitration, information and communication technologies, information and communication systems, technology-related dispute, UNCITRAL, WIPO, UNESCO resolution.
Reference list
1. Agalarov VK Domain disputes: causes, participants and methods of resolution // Trends in the development of science and education. – 2019. – No. 53-2. – P. 20-22.
2. Belousov A. V. Domain disputes in Russia. Commentary on the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 11, 2008 No. 5560/08 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2009. – № 2. – P. 145-155.
3. Danilenkov A. International domain disputes in the mirror of the Russian legal system // Economy and law. – 2013. – No. 3 (434). – P. 46-63.
4. Dorotenko D. A. Such different domain disputes. about compensation // Bulletin of economic justice of the Russian Federation. – 2019. – No. 10. – P. 192-206.
5. Egorova M. Domain disputes: the correct wording of claims // Intellectual property. Copyright and related rights. – 2011. – No. 11. – S. 14-21.
6. Razbegaev P. V. Domain disputes: problems of enforcement of court decisions // Copyright. Bulletin of the Russian Academy of Intellectual Property and the Russian Authors’ Society. – 2017. – No. 4. – P. 77-86.
7. Rozhkova M. A., Afanasiev D. V. Domain disputes: selected aspects // Law in the sphere of the Internet. Digest of articles. Ser. “Analysis of modern law” / Ed. ed. M. A. Rozhkova. – M.: Publishing House “Statut”, 2018. – S. 224-245.
8. Fastovich G. G., Furzikova A. I., Obvintseva E. E., Surman A. E. Domain disputes // Alley of Science. – 2019. – Vol. 1. No. 4 (31). – P. 159-165.
9. Campbell D., Ban C., editors. Legal Issues in the Global Information Society. – New York: Oceana Publications Inc., 2005. – 758 p.
10. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
11. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
12. Murray A. Information Technology Law: the law and society. – Oxford: Oxford university press, 2010. – 596 p.
13. Rowland D., Macdonald E. Information technology law. 3rd ed. – Abingdon: Cavendish Publishing Ltd., 2005. – 573 p.
14. Shaw T. J. Information and Internet Law: Global Practice. – Createspace Independent Publishing Platform, 2016. – 454 p.
COMPARATIVE LAW
TATARNIKOV Vladimir Germanovich
Ph.D. in Law, associate professor, Deputy Chairman of the Commission on Human Rights and Control over the Activities of Law Enforcement Agencies and Law Enforcement Agencies of the Public Chamber of the Irkutsk Region, Irkutsk
NIKITIN Yuriy Petrovich
senior lecturer of Tactical and special training sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
KARGAPOLOVA Anastasia Andreevna
student of the 5th course of the Faculty of Training Specialists for the Judicial System (Faculty of Law) of the East Siberian branch of the Russian State University of Justice, Irkutsk
COMPARATIVE LEGAL ANALYSIS OF THE STATUS OF THE INSTITUTE OF PROSECUTION IN RUSSIA AND IN THE UNITED STATES OF AMERICA
In the article, the authors consider the institution of the Prosecutor’s office in the Russian Federation and in the United States of America, determine its role and significance within the framework of these legal systems, highlight the distinctive features of the institution of the Prosecutor’s office, determine its legal position in the system of public authorities. The objective of this study is to conduct a comparative analysis of the Institute of Public Prosecution in the United States and in the Russian Federation in order to determine the position of this institution in the system of state bodies.
Keywords: prosecutor’s office, human rights, independence, amendments, service, justice, cooperation.
Reference list
1. Baghdasaryan A. V. The constitutional status of judicial and law enforcement agencies in the Republic of Armenia: theoretical and comparative legal analysis: Dissertation for the degree of Doctor of Law / Ros. acad. state service under the President of the Russian Federation. – M., 1996. – 213 p.
2. Vinokurov A. Yu. On novelties in the Constitution of the Russian Federation affecting the status of the prosecutor’s office // Representative power – XXI century. – 2014. – No. 7-8. – P. 22.
3. Vinokurov A. Yu. Amendments to the Constitution of the Russian Federation in the context of fixing the status provisions on the prosecutor’s office // Constitutional and municipal law. – 2021. – No. 4. – P. 34.
4. Vlasikhin V. A. Prosecution service in the USA (law and politics). – M., 1981. – S. 8-9.
5. Kozlov F. I. Differences in the conduct of the legal business in Russia and America // Law Office of Fedor Kozlov & associates. – P. 32.
6. Kokotov A. N. Constitutional law of Russia: Textbook / Ed. ed. A. N. Kokotov and M. I. Kukushkin. – M., 2003. – P. 147.
7. Kutafin O. E. The Russian Federation, its subjects and municipalities as subjects of civil law // Journal of Russian Law. – 2007. – No. 1. – P. 51.
8. Lazareva V. A. Participation of the prosecutor in the criminal process: textbook and workshop for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 283 p.
9. Lazareva V. A. Participation of the prosecutor in the criminal process: textbook and workshop for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 283 p.
10. Safonova T. Yu. Constitutional and legal regulation of the activities of the Russian prosecutor’s office as a state body with a special legal status: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2011. – P. 6.
11. Tuzova A. A. Comparative legal analysis of the status of the institute of the Prosecutor’s Office of the Russian Federation and its analogue in the USA // Young Scientists of Russia: collection of articles of the VIII All-Russian Scientific and Practical Conference, Penza, August 15, 2021. – Penza: Science and Education, 2021. – P. 131-134.
12. Shakhrai S. M. Constitutional law of the Russian Federation: A textbook for academic undergraduate and graduate students. 4th ed., rev. and additional – M., 2017. – P. 553.
13. Emikh V.V. Legal personality and competence of state bodies: the content of concepts and their correlation // Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences. – 2009. – S. 423.
STATE AND LAW THEORY
ARKHIPOVA Ekaterina Yurjevna
Ph.D. in Law, associate professor, associate professor of Theory of state and law sub-faculty of the Saratov State Law Academy
KONDRASHOV Yuriy Alexandrovich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Saratov State Law Academy
THE CONCEPT OF LEGAL STABILITY
The article deals with the problems of understanding legal stability, its essential properties. Despite the fairly frequent use of this concept by scientists when characterizing legal phenomena, it is stated that it has not become the subject of a special study in the general theory of state and law. At the same time, there is no doubt about the practical and theoretical significance of establishing the definition of legal stability and its parameters, since it is a strategic goal that any state strives to achieve. According to the authors, legal stability is expressed in the presence of stable legal norms that give rise to a stable state of legal relations arising on their basis. The authors argue that the phenomenon under study is distinguished by such properties as universality, relativity, as well as dependence on public opinion, and legal stability itself is the most significant property of legal phenomena, reflecting the state of conservation and maintenance of law and other legal phenomena in a stable working condition, adequately reflect the needs of society. As structural elements of legal stability, the authors propose the following: stability of law; stability of legislation; stability of legally significant activities; stability of legal practicece.
Keywords: law, stability, legal stability, legal phenomena, legal relations, legislation, legal practice, legal activity, stability of law, stability of legislation, stability of legal practice, stability of legally significant activity.
Reference list
1. Gilmutdinova M. I. Theoretical foundations of effective law enforcement: dis. … cand. legal Sciences. – Kazan, 2012.
2. Soviet encyclopedic dictionary / Nauch. ed.-stat. A. M. Prokhorov. – M.: Soviet Encyclopedia, 1983.
3. Kalinin P. A. Principles of Russian legislation: author. dis. … cand. legal Sciences. – Saratov, 2013.
4. Varlamova N. V., Gavrilov O. A., Dudko I. G. et al. The Russian Federation and its subjects: problems of strengthening statehood / Ed. ed. S. V. Polenina. – Saransk: Publishing House of Mordov. university, 2003.
5. Kulapov VL, Kondrashov Yu. A. Stability of legal activity. – Saratov: Publishing House of the Federal State Budgetary Educational Institution of Higher Education “SGUA”, 2021.
6. Bondar N. S. Constitutional modernization of Russian statehood: in the light of the practice of constitutional justice. – M.: Unity-Dana, 2014.
7. Zakharov N. A. The system of Russian state power. – M.: Moscow, 2002.
8. Martyshin O. V. The Constitution of the Russian Federation of 1993 as a monument of the era // State and Law. – 2004. – № 4.
9. Vershilo N. D. Ecological and legal foundations of sustainable development / Ed. M. M. Brinchuk. – M.: Formula of Law, 2008.
10. Stammler R. Essence and tasks of law and jurisprudence. – M .: Printing house of the Partnership of I. D. Sytin, 1908.
STATE AND LAW THEORY
VU Duc Dung
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
BUILDING THE RULE OF LAW STATE IN VIETNAM: THEORETICAL AND PRACTICAL ISSUES
The article is dedicated to the issue of building and perfecting the rule of law state in the process of updating the political system in Vietnam. Many theoretical and practical issues have not been clarified and studied extensively. Difficult tasks are being set, it is necessary to build a model of a rule of law state capable of absorbing world progress, and at the same time corresponding to domestic conditions and national culture. Characteristics of building a rule of law state in Vietnam, including the sole leadership of the Communist Party and the principle of unified power, among others. Although it differs from other models of the rule of law state, the rule of law state in Vietnam is built on a scientific basis and in accordance with practical requirements. Building a rule of law state is a way to promote progress for Vietnam.
Keywords: the rule of law state, market economy, political system, Communist party, party leadership, unified power, progress, Vietnam.
Reference list
1. Vlasov E. E. The Vietnamese state in the process of updating the country (the thirtieth anniversary of the start of the “DoiMoi” policy) // Oikumena. Regional studies. – 2016. – No. 2. – P. 137-146.
2. Kornev A. V. Ideas of a legal and police state in pre-revolutionary Russia: Abstract of the thesis. … candidate of legal sciences: 12.00.01 / Academy of the Ministry of Internal Affairs Ros. Fed. – Moscow, 1995. – 26 p.
3. Lafitsky V. I. Law as the highest value of constitutional development (an essay on historical and comparative legal research) // Doctrines of the rule of law and the rule of law in the modern world: a collection of articles. Managing editors: V. D. Zorkin, P. D. Barenboim – M.: LUM, Yustitsinform, 2013. – P. 149-177.
4. Rayanov F. M. Legal state and the modern world. – St. Petersburg: Publishing house “Legal Center-Press”, 2012. – 175 p.
5. Chicherin BN About the people’s representation. – M., 1899. – 810 p.
6. Đảng Cộng sản Việt Nam. Văn kiện Đại hội đại biểu toàn quốc lần thứ XIII. Tập I. Nhà xuất bản: Chính trị quốc gia – Sự thật. – 2021. – 292 tr.
7. Đảng Cộng sản Việt Nam. Văn kiện Đại hội đại biểu toàn quốc lần thứ XIII. Tập II. Nhà xuất bản: Chính trị quốc gia – Sự thật. – 2021. – 356 tr.
8. Đảng Cộng sản Việt Nam. Văn kiện Đại hội Đảng thời kỳ Đổi mới. Phần I (Đại hội VI, VII, VIII, IX). Nhà xuất bản: Chính trị quốc gia – Sự thật. Ha Nội. – 2019. – 1139 tr.
9. Đảng Cộng sản Việt Nam. Văn kiện Đại hội Đảng thời kỳ Đổi mới. Phần II (Đại hội X, XI, XII). Nhà xuất bản: Chính trị quốc gia – Sự thật. Ha Nội. – 2019. – 874 tr.
10. Rao Tri Úc. Nhà nước pháp quyền. Nhà xuất bản: Đại học quốc gia Hà Nội. Ha Nội. – 2015. – 427 tr.
11. Hoàng Thị Kim Quế. Tư tưởng Đông, Tây về nhà nước và pháp luật – Những nhân tố Nhà nước pháp quyền. Tạp chí nghiên cứu lập pháp. Số 3/tháng 3. – 2002. – Tr. 20-29.
12. Nguyễn Hoàng Anh. Cơ chế kiểm soát quyền lực nhà nước trong nhà nước pháp quyền // Tạp chí Nghiên cứu Lập pháp số 3+4 (355+356)/Kỳ 1+2, tháng 2/2018. – Tr. 3-9.
STATE AND LAW THEORY
DUBROVIN Mikhail Andreevich
senior lecturer of International law and foreign economic activity of the Institute of Law of the A. G. and N. G. Stoletov Vladimir State University
INTEGRATION ACTIVITIES OF THE RUSSIAN FEDERATION IN A MULTIPOLAR WORLD
The research is dedicated to the construction of a theoretical model of correct integration interaction between Russia and friendly partner states. It is shown that despite the positive possibilities of integration in a multipolar world, the state is bound not to neglect national interests, namely their protection from the negative integration impact. The necessity of practical implementation of the obtained research results in order to stabilize international relations, building regional and global partnerships based on mutual respect for sovereign rights is substantiated.
Keywords: Russia, integration process, state functions, national security, multipolar world.
Reference list
1. Hoffmann S. The European Sisyphus: Essays on Europe, 1964-1994. – Boulder, 1995.
2 Moravcsik Andrew (1993). “Preferences and power in the European Community: A liberal intergovernmentalist approach” // Journal of Common Market Studies. – No. 31 (4). – R. 473-524.
3. Kukovskiy A. A. Some questions of the definition of the concept of “functions of the state” // Bulletin of the South Ural State University. Ser. “Right”. – 2009. – No. 19. – S. 7-8
STATE AND LAW THEORY
MOLOTKOV Mikhail Borisovich
Ph.D. in philosophical sciences, associate professor of Administrative law and administrative activities of the internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, lieutenant colonel of police
LEGAL REGULATION IN THE CONTEXT OF THE PROBLEM OF THE RELATIONSHIP BETWEEN RIGHT AND LAW IN DOMESTIC LEGAL SCIENCE IN THE SECOND HALF OF THE 19TH – EARLY 21ST CENTURIES
The logical consequence of the development of the problems of legal understanding was the “access” to the applied aspects of jurisprudence, among which an important role belongs to the issue of legal regulation.
Defending and promoting a specific type of legal understanding, researchers indirectly influence the content of legal regulation, forming in the minds of the subjects of law ideas about the relationship between law and justice.
Keywords: natural positive theory of law, libertarian theory of law, positivism, legal regulation, legal science.
Reference list
1. Alekseev S. S. Ascent to the law. Searches and solutions. – M.: Norma, 2002. – 601 p.
2. Zorkin V. D. Positivist theory of law in Russia – M.: Publishing House of Moscow University, 1978. – 270 p.
3. Ivanova I. G. Law and law (methodological aspect): dis. … cand. legal Sciences. – Leningrad, 1983. – 188 p.
4. Kozhevina M. A. The history of Russian law in the system of university legal education of the Russian Empire // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – S. 159-165.
5. Kudryavtsev VN About legal understanding and legality // State and law. – 1994. – № 3. – S. 3-8.
6. Livshits R. Z. Theory of Law: Textbook for students of law schools. – M.: Beck, 1994. – 208 p.
7. Lukyanova E. G. Teachings about the law in the political and legal thought of Russia in the XX – early XX centuries: dis. … doc. legal Sciences. – M., 2018. – 425 p.
8. Marchenko M. N. On the libertarian legal theory of law and state // Bulletin of Moscow State University. Series. 11. Right. – 2015. – No. 6. – P. 20-33.
9. Nersesyants V. S. Methodological problems of the relationship between the rule of law and legality // Methodological problems of strengthening socialist legality. – – M.: AON, 1980. – S. 23-31.
10. Nersesyants VS Law and law: From the history of legal doctrines. – M.: Nauka, 1983. – 366 p.
11. Tolstik V.A., Trusov N.A. Struggle for the content of law. Monograph. – Nizhny Novgorod: Nizhegorsk Publishing House. acad. Ministry of Internal Affairs of Russia, 2008. – 202 p.
12. Shafirov V. M. Legality in a legal state // Russian justice. – 2011. – № 4. – P. 41-44.
13. Shafirov V. M. Naturally positive law: an introduction to theory. – Krasnoyarsk: Krasnoyarsk State University, 2004. – 258 p.
14. Shafirov V. M. Modernization of the Russian legal system: human-centric approach // Problems of modernization of the legal system of modern Russian society. International Scientific Conference (Krasnoyarsk, September 30 – October 1, 2010). Collection of reports in two volumes. Volume. 1. Krasnoyarsk. – 2011. – S. 4-11.
15. Shmarev A.I. Is the principle of justice necessary in the criminal process of Russia // Criminalisticska: yesterday, today, tomorrow. – 2020. – No. 3 (15). – P. 232-243.
16. Yavich L. S. Essence of law: Social and philosophical understanding of the genesis, development and functioning of the legal form of social relations. – L .: Publishing House of Leningrad State University, 1985. – 207 p.
STATE AND LAW THEORY
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor of General theoretical and state law disciplines sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
SHEVCHUK Elena Pavlovna
senior lecturer of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
PROBLEMS OF THE FORMATION OF LEGAL CONSCIOUSNESS OF MEDICAL WORKERS IN RUSSIA
The article states the importance of the state in protecting the health of citizens, the guaranteed volume of free medical care for citizens is provided in accordance with the programs of compulsory medical insurance and separate reimbursable contracts.
It is concluded that legal awareness affects the possibility of bringing a medical organization to civil liability in case of harm to a patient’s health, and such an organization is released from liability if the entire medical and diagnostic process was built on the basis of standard schemes and prescriptions of ministerial orders and instructions. Which allows us to conclude that caring for the patient’s health and observing the rules of bioethics, norms of humanity are sometimes declarative.
Keywords: legal awareness of a medical worker, health care, guarantees of the rights and freedoms of the citizen, well-being of the citizen and his family, implementation of the citizen’s right to health care.
Reference list
1. Ivanov A. V., Tikhomirov A. V. Insurance and medical activity // Chief doctor: economy and law. – 2009. – No. 5. – S. 32-40.
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.
3. Tikhomirov A. V. Theory of medical services and medical delict: educational and scientific manual. – M.: Yuriinfozdrav, 2012. – 110 p.
4. Trubina V. A. Tissues and human organs as objects of civil rights // Eurasian legal journal. – 2020. – No. 9 (148). – P. 169-174.
5. Safonov A. E., Shadymov A. B., Sorokin V. V. The dynamism of the legal consciousness of a modern medical worker // Siberian Medical Journal. – 2014. – Volume 2. – No. 2. – P.87-90.
STATE AND LAW THEORY
SAMUSENKO Tatyana Mikhaylovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
PROKUDINA Regina Olegovna
magister student of the 2nd course of the Law School of the Far Eastern Federal University
LEGAL TECHNIQUE AND MUNICIPAL REGULATORY LEGAL ACTS (ON THE EXAMPLE OF PRIMORSKY KRAI)
The article presents the results of the study of the main type of normative legal acts regulating the issues of organization of local self-government – charters of municipalities of Primorsky Krai in terms of compliance with the rules of legal technique. The authors conclude that it is necessary to adopt a regional law “On Legal Acts in Primorsky Krai” taking into account the socio-economic situation in the region. In order to ensure the scientific validity of the law, legal scholars of higher educational institutions specializing in general legal issues and issues of legal technique should be involved in the working group.
Keywords: legal technique, legal acts, municipal charter, Primorsky Krai, Far Eastern Federal District.
Reference list
1. Kashanina T. V. Legal technique: textbook. – Moscow: Norma: INFRA-M, 2011. – 496 p.
2. Kolomeitseva N. A. Eastern Economic Forum as a mechanism for the development of the Russian Far East // Symbol of science: international scientific journal. – 2016. – No. 11-4 (23). – S. 191-193. – EDN XBWYQN.
3. Samusenko T. M., Prokudina R. O. Legal technique of normative legal acts: experience of legal regulation of subjects of the Russian Federation (on the example of the Far Eastern Federal District) // Eurasian legal journal. – 2022. – No. 11 (174). – S. 47-50. – DOI 10.46320/2073-4506-2022-11-174-47-50. – EDN DFBSFU.
4. Samusenko T. M., Prokudina R. O. Law-making technique as a reflection of the level of legal culture of the legislator (on the example of Primorsky Krai) // Eurasian legal journal. – 2021. – No. 5 (156). – S. 50-54. – DOI 10.46320/2073-4506-2021-5-156-50-54. – EDN GRVKFN.
5. Gaivoronskaya Ya. V., Samusenko T.M. Theory of state and law: a textbook. – 2nd ed., add. and Perer. – Vladivostok: Dalnevost Publishing House. feder. un-ta, 2015. – 180 p.
HISTORY OF STATE AND LAW
BOLDAKOVSKIY Eldar Vladimirovich
postgraduate student of the full-time of Theory of law and state sub-faculty of the Peoples’ Friendship University of Russia
PAVLOVA Natalya Georgievna
Ph.D. in Law, associate professor of the Peoples’ Friendship University of Russia, Moscow
THE HISTORY OF THE DEVELOPMENT OF SOVIET STANDARDIZATION
In this article, the author examines and analyzes the development of standardization in the Soviet period, the result of which is the creation of certain technical tools that are used in modern Russia, namely:
1.State standards (GOST);
2. Industry standards (OST)
3. Republican Standards (PCT)
4. Specifications (TU).
This article is a study of the evolution of Soviet product quality and Soviet state standards. The author analyzes the availability of Soviet state standards as sources of data on the quality of Soviet products, the use of Soviet state standards to assess product quality. The author comes to the conclusion that the struggle to improve the quality of products went through the establishment of certain norms that fixed certain types of responsibility, in particular criminal. The article ends with a discussion of the results and suggests directions for further research.
Keywords: Soviet standardization, system of measures, specifications, state standard, republican standards, industry standards.
Reference list
1. Morev V. A. On the history of Soviet standardization in 1918-1945. // Bulletin of the Tomsk State University. 2014. No. 386. P. 130-134.
2. Zaitsev S. A., Tolstov A. N., Gribanov D. D., Kuranov A. D. Metrology, standardization and certification in mechanical engineering: textbook for students. medium institutions. prof. Education. 4th ed., ster. M.: Publishing Center “Academy”, 2013. 288 p.
3. Kazantseva N. K., Tkachuk G. A., Pilnikova V. S. Economic development of the country and international standards // Standards and quality. 2016. No. 7. P. 34-38.
4. Gastev A. K. Labor installations // Soviet industrial management. 3rd ed. Moscow: URSS, 2011. 344 p.
5. Gastev A. K. How to work: a practical introduction to the science of labor organization / Ed. ed. N. M. Bakhrakh [i dr.]. M.: URSS: Librocom, 2011. 477 p.
6. Efanova I. “Bulletin of standardization”: from timelessness to the Great War. // Journal “Standards and Quality”. 2016. No. 11. [Electronic resource]. – Access mode: https://riastk.ru/libraries/index.php?ELEMENT_ID=106131
7. Nikolaeva M. A., Lebedeva T. P. The history of the emergence and development of standardization in Russia and abroad. [Electronic resource]. – Access mode: file:///C:/Users/Eldar/Downloads/istoriya-vozniknoveniya-i-razvitiya-standartizatsii-v-rossii-i-za-rubezhom%20(4).pdf
8. Varlamova L. N. Associate Professor of the Department of IGUiOO IAI RGGU, Candidate of History, Associate Professor. Standardization of documentation during the Second World War. [Electronic resource]. – Access mode: https://www.rsuh.ru/upload/press/2020_05_15_Varlamova.pdf
9. Sholkin VG Standardization – engineering – innovative way of development // Standards and quality. 2014. No. 1. P. 28-30.
10. Varlamova LN Standardization of document management. M.: Termika Publishing House, 2018. S. 130.
HISTORY OF STATE AND LAW
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary 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 Federal Penitentiary Service of Russia
FEATURES OF THE DEVELOPMENT OF FOOD PROVISION FOR CONVICTS IN THE RUSSIAN PENAL SYSTEM: A RETROSPECTIVE ANALYSIS AND MODERN REALITIES
The article is devoted to the study of the peculiarities of the development of food provision for convicts in the domestic penitentiary system. The paper attempts to generalize the historical experience of the development of the penitentiary system, in particular food security, in the process of formation and development of the system as a whole and its subsequent transformation. The article focuses on the historical features of the provision of food to convicts in penitentiary institutions of Russia, which was primarily due to the process of state development, as well as the peculiarities of the formation of domestic institutions and bodies executing punishments.
Keywords: nutrition, charity, trusteeship society, penal enforcement system, food security.
Reference list
1. Mkrtchyan A. A., Postnikov S. V. Comparative-quantitative and qualitative analysis of food supply in the penitentiary system of Russia and Armenia over the past hundred years // Proceedings of the VII International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2015/article/2015007941 (date of access: 03/29/2023).
2. Foinitsky I. Ya. Russian punitive system. – St. Petersburg, 1874.
3. Cathedral code of 1649 // Russian legislation of the X-XX centuries. In 9 vols. T. 3. Acts of Zemsky Sobors / Ed. O. I. Chistyakova. – M.: Yurid. lit., 1985. – S. 83-257.
4. Military article of 1715 with a brief interpretation // Russian legislation of the X-XX centuries. In 9 tons. T. 4. Legislation of the period of the formation of absolutism / Ed. O. I. Chistyakova. – M.: Yurid. lit., 1986. – S. 327-365.
5. Gernet M. N. History of the royal prison: in 5 volumes – M .: Gosjurizdat, 1960-1963.
6. The uniqueness of the Soviet prison in the 1930s: the Frenkel method in the distribution of food. [Electronic resource] – Access mode: https://rus-vopros.livejournal.com/1683481.html (date of access: 03/29/2023).
7. Novozhilova Zh. S. Improving the food supply of institutions of the penitentiary system: Abstract of the thesis. … candidate of economic sciences: 08.00.05; [Protection Location: Lv. state agrarian university]. – Yekaterinburg, 2016. – 24 p.
8. Order of the Federal Penitentiary Service of Russia dated September 2, 2016 No. 696 “On approval of the procedure for catering for convicts, suspects and defendants held in institutions of the penitentiary system” // SPS ConsultantPlus.
9. Official website of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: https://fsin.gov.ru/budget/info.php (accessed 01/12/2023).
10. Vdovina A. N. The quality of food products as one of the components of the food security of the penitentiary system. Scientific works of FKU NII FSIN of Russia, issue 2. – M.: FKU NII FSIN of Russia, 2021. – P. 224-227.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil procedural law sub-faculty of the Volga Branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the RANEPA under the President of the Russian Federation
FEATURES OF THE ASSIGNMENT OF ALIMONY TO MINORS UNDER THE SOVIET LAWS OF 1936-1937
The article discusses the features of alimony obligations between parents and children, in cases of distribution of children in accordance with the laws of 1936 – 1937. It is shown how, on the basis of legal acts in force at that time, the issue of the maintenance of children who lived separately in the families of former spouses was resolved. The authors also analyze the legislation on this issue in the Union republics. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the significance of the measures taken in the Union state in the middle of the XX century on the issue of material support for children in broken families.
Keywords: parents’ agreement, executive document, alimony, court order, earnings.
Reference list
1. Code of laws on marriage, family and guardianship of the RSFSR 1926 – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=3552&dst=100010#uQs6HYToFqPqUE6l (date of access: 04/16/2023).
2. Decree of the All-Russian Central Executive Committee of the Council of People’s Commissars of the RSFSR of May 10, 1937 “On changing the current legislation in connection with the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR of June 27, 1936” On the prohibition of abortions, increasing material assistance to women in childbirth, establishing state assistance to large families, expanding the network of maternity hospitals , nurseries and kindergartens, strengthening the criminal law for non-payment of alimony and some changes in divorce laws. – [Electronic resource]. – Access mode: https://www.libussr.ru/doc_ussr/ussr_4106.htm. (date of access: 04/16/2023).
HISTORY OF STATE AND LAW
GOROKHOV Andrey Andreevich
Junior bailiff for OUPDS of the Main Department of Bailiffs in the Krasnoyarsk Territory
GOROKHOVA Kamila Ildusovna
Chief Specialist of the Legal Department of the Agency for State Property Management of the Krasnoyarsk Territory
THE INFLUENCE OF RELIGION ON LAW. HISTORICAL ASPECT
The article examines the influence of religion on law through the prism of a century of history. Religion penetrated the law in the era of the Roman Empire and to this day in the legislation of many states, including the Russian Federation, this close connection can be observed. It is important to note that religious provisions also influence the practice of law enforcement, which forces judges to be more flexible in applying the current legislation.
The article also analyzes the positive and negative influence of religion on the law, which allows you to look at the current situation from different angles and see some legal problems.
Keywords: religion, natural law, scripture, theory of evolution, secular state.
Reference list
1. Prudnikov M. N. History of state and law of foreign countries: a textbook for bachelors. – 6th ed., revised. and additional – M .: Yurayt Publishing House; ID Yurayt, 2013. – 811 p. — Series: Bachelor. Basic course.
2. Isaev M. A. History of the Russian state and law: textbook / Moscow State University. Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia. – Moscow: Statute, 2012. – 838 p.
3. Durkheim E. Sociology: Its subject, method, purpose: [Collection: Per. from French]. – Moscow: Kanon, 1995. – 349 p.
4. Konovalov A. V. Principles of law. – M.: Yur. Norma, 2023. – 792 p.
5. Dawkins R. God as an illusion / [transl. from English. Natalia Smelkova]. – Moscow: CoLibri, 2008. – 557 p.
6. Reale J., Antiseri D. Western philosophy from its origins to the present day / [per. from Italian. S. Maltseva, scientific. ed. E. Sokolov]. – St. Petersburg: Petropolis, 1994. – 320 p.
7. Orthodox statehood: 12 letters about the Empire: a collection of articles / Legal Institute (St. Petersburg); [ed. A. M. Velichko, M. B. Smolina]. – St. Petersburg: Publishing House of the Legal Institute, 2003. – 301 p.
HISTORY OF STATE AND LAW
DOVGAN Ksenia Evgenievna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
LEGAL MEANS OF FRAMEWORK LEGAL REGULATION IN THE RSFSR CONSTITUTION OF 1918
The article deals with the legal means of framework legal regulation contained in the first sources of Soviet constitutional legislation. The planned and strategic nature of the regulatory legal acts of the USSR is of interest from the point of view of the analysis of legal technique. When creating a new legal system after the 1917 revolution, which was based on “framework” laws, special legal means were used. Thus, polysemy creates uncertainty, which is contained in general, relatively specific norms. Studies of polysemy, the metaphorical nature of the content of individual sources of Soviet constitutional legislation, allow us to generalize the features of normative legal regulation, including framework legal regulation.
Keywords: framework legal regulation, polysemy, metaphor, uncertainty, constitution.
Reference list
1. Batyuk A. V. Legal basis of contractual relations on the delimitation of subjects of jurisdiction and powers between federal government bodies and government bodies of the constituent entities of the Russian Federation: Abstract of the thesis. dis. … cand. legal Sciences. – Saratov, 2000. – 27 p.
2. Vereshchagin S. G. Entropy of law in the transitional periods of Russian history: “decree” law and “framework” laws // Baltic Humanitarian Journal. – 2019. – T. 8. – No. 4 (29). – P. 325-329.
3. Vlasenko N. A. Reasonableness and certainty in legal regulation: monograph. – Moscow: NITs INFRA-M, IZiSP, 2014. – 157 p.
4. Vlasenko N. A. Metaphor as a means of legal expertology (on the example of post-Soviet state-legal reality) // Legal technique. – 2022. – No. 16. – P. 53-62.
5. Morozova L. A. Ideas of socialist federalism in the Constitution of the RSFSR of 1918 (to the 100th anniversary of the Constitution) // Historical and legal problems: a new perspective. – 2018. – S. 103-117.
6. Cherdantsev A. F. Logical and linguistic phenomena in jurisprudence. – M., 2012. – 320 p.
7. Chinaryan E. O. The main stages of the development of domestic legislative technology. Doctrinal foundations of legal technique. Ed. N. A. Vlasenko. – M., 2010. – 368 p.
8. Dovgan K. E. Theory of framework legal regulation. – Moscow, 2023. – 168 p.
HISTORY OF STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of Regional studies of Russia, national and state-confessional relations sub-faculty of the Altai State University, professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – Branch of the RANEPA under the President of Russian Federation
LEGAL REGULATION OF ANTI-EPIDEMIC MEASURES AND THE PARTICIPATION OF CLERGY IN THEM: BASED ON THE MATERIALS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN EMPIRE
The article is devoted to the analysis of the historical experience of organizing anti-epidemic events and the participation of clergy in them in the context of the state-confessional policy of the Russian Empire at the turn of the 19th-20th centuries. The materials that served as the basis for the study are stored in the Russian State Historical Archive, namely in the collection of the fund of the Department of Spiritual Affairs of Foreign Confessions of the Ministry of Internal Affairs. This publication is another in a series of analytical materials prepared by us on the coverage of the activities of the Russian state in the context of the regulation of state-confessional relations in the Siberian region.
Keywords: The Main Directorate of Western Siberia, the Main Directorate of Eastern Siberia, epidemic, pandemic, vaccination, experience in organizing anti-epidemic measures, religion, state and confessional policy, archival materials.
Reference list
1. Dikova N. V. Personnel issue in the Omsk diocese in the late XIX – early XX century. and mechanisms for its solution by diocesan authorities // Izvestiya of the Altai State University. – 2020. – No. 3 (113). – S. 31-36.
2. Karavaeva E. V. “Treated by word and deed”: sanitary, educational and medical activities of the Russian Orthodox Church among the rural population in the second half of the 19th – early 20th centuries (based on materials from the Tomsk diocese). – Novosibirsk: Golden Ear, 2019. – 368 p.
3. Mendrina G. I. From the history of resettlement medicine in Siberia // Materials of theoretical and clinical medicine. – Tomsk: TGU Publishing House, 1964. – Issue. 4. – P. 214-224.
4. Nedzelyuk T. G. Siberian clerics in the fight against epidemics (second half of the 19th – early 20th centuries): based on the materials of the Russian State Historical Archive // Religious Studies. – 2023. – No. 1. – P. 15-21.
5. Okonova L.V. Activities of the Lamai Spiritual Board and the Lama Based on Reports of the Administration of the Kalmyk People // Magna Adsurgit: Historia Studiorum. – 2017. – No. 2. – P. 83-97.
6. Russian State Historical Archive (RGIA). – F. 821. – Op. 8. – D. 1157, 1174, 1204.
7. Tsyrempilov D. V. Fund No. 159 “Verkhneudinsk District Smallpox Committee” as a source on the history of smallpox vaccination in Eastern Siberia in the 19th century. // Bulletin of the East Siberian State Institute of Culture. – 2019. – No. 2 (10). – P. 15-19.
8. Tsys O. P. Activity of the Orthodox clergy in providing medical care and medical education of the population of the Tobolsk North in the 19th – early 20th centuries. // Bulletin of the Surgut State Pedagogical University. – 2019. – No. 1 (58). – P. 165-175.
HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
NEKRASOV Anton Igorevich
student of the 4th course of the Institute of Law of the Ufa University of Science and Technology
ON THE QUESTION OF FRANCE’S FOREIGN POLICY COURSE IN THE 1920S AND 1930S (PART 1)
The article deals with the main problems of the consistency of France’s foreign policy in the 1920s and 1930s. The article also investigates the role of prime ministers and foreign ministers in the decision-making process during the fundamental events of the mentioned period: The Paris Conference, The Genoa Conference, The Locarno Conference, The Four-Power Pact, bilateral and multilateral treaties in the field of security and cooperation. The results of the activities of such politicians as Georges Clemenceau, Raymond Poincare, Aristide Briand, Joseph Paul-Boncour, Louis Barthou and Pierre Laval are analyzed.
Keywords: France, foreign policy, The Treaty of Versailles, Germany, international relations, twentieth century.
Reference list
1. Borisov A. Yu., Kleimenova N. E., Narinsky M. M., Sidorov A. Yu. History of international relations. Interwar period and World War II. In 3 vols. M., 2017. Vol. 2. 496 p.
2. Wormser G. La Republique de Clemenceau. Paris, 1961. 522 p.
3. Documents of the foreign policy of the USSR. M., 1961. T. 5. 786 p.
4. White S. The Origins of Detente: The Genoa Conference and Soviet-Western relations, 1921-1922. Cambridge, 1985. 255 rubles
5. Belousova Z. S. France and European security 1929-1939. M.: Nauka, 1976. 418 p.
6. Gafurov B. G. Locarno Treaty between Germany, Belgium, France, Great Britain and Italy. October 16, 1925. Anthology on recent history. In 3 vols. M., 1960. T. 1. 799 p.
7. Marchenko M. N. The ideas of pan-Europeanism in the first half of the twentieth century. // Bulletin of Moscow University. Episode 11 2008. No. 4. P. 4-13.
8. Soutou G.-H. La France, l’URSS et l’ère de Locarno, 1924-1929. L’URSS et l’Europe des années 20. Sous la dir. de M. Narinski, E. du Reau, G.-H. Soutou, A. Tchoubarian. Paris: Presse de l’Université de Paris-Sorbonne. 2000. P. 67-90. (in French).
9. Documents of the foreign policy of the USSR. M., 1970. T. XVI. 920 p.
10. Code telegram of the People’s Commissar for Foreign Affairs of the USSR M.M. Litvinov in the NKID of the USSR with the text of the Geneva Protocol on issues related to the negotiations on the Eastern Pact // Presidential Library named after B. N. Yeltsin. [Electronic resource]. – Access mode: https://www.prlib.ru/item/1296368 (date of access: 02/22/2023).
11. Documents on British Foreign Policy. L., 1976. Ser. 2.V.XV. 862 R.
12. Gromyko A. A. History of diplomacy. M., 1965. T. 3. 831 p.
13. Nesterova T. P. France and an attempt to resolve the Italo-Ethiopian conflict at the end of 1935: the Hoare-Laval plan // Scientific Dialogue. 2020. No. 8. P. 398-411.
14. Kravchenko A. A. Italian aggression against Abyssinia and the Hoare-Laval plan // Bulletin of the Tambov State University. Series: Humanities. 2010. Issue 5. P. 156-161.
15. Magadeev I. E. German politics in the 20s of the twentieth century in the light of the lessons of the First World War // Bulletin of MGIMO University. 2014. No. 4 (37). pp. 35-44.
16. Vershinin A. A. Contradictions of the collective security model: modern historiography on the evolution of the Versailles system of international relations in the 1930s. // Bulletin of MGIMO-University. 2022. No. 15 (2). pp. 108-140.
17. Arshintseva O. A., Glushkov A. E. Locarno, 80 years ago // Proceedings of the Altai State University. 2005. No. 4. S. 7-11.
HISTORY OF STATE AND LAW
SHIRSHOV Boris Vitaljevich
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
THE SYSTEM OF ADMINISTRATIVE PUNISHMENTS: FORMATION AND DEVELOPMENT
This article will briefly review the history of the formation and development of the system of administrative punishment. In addition, an appropriate emphasis was placed on legal scholars who laid the foundation for the development of the institution of administrative law, and appropriate conclusions were drawn on the modern system of punishment provided for by the Code of Administrative Offenses of the Russian Federation. Analyzing the legal systems of many states, it can be seen that legislators, law enforcers and legal scholars give a large role to the presence of the institution of administrative law, since this particular branch of law is one of the fundamental ones.
Keywords: administrative punishment, administrative penalty, type of punishment, punishment, administrative offense, measure of responsibility, type of punishment.
Reference list
1. Agapov A. B. Administrative law: Textbook. 9th ed., revised. and additional – M.: Yurayt, 2016. – 936 p.
2. Administrative Law of Russia: Textbook. 2nd ed., revised. and additional / Rev. ed. L. L. Popov. M.: Prospekt, 2015. – 745 p.
3. Unified Interdepartmental Information and Statistical System (EMISS). – [Electronic resource]. – Access mode: www.fedstat.ru (date of access: 03/18/2022).
4. Elistratov A.I. Textbook of Russian Administrative Law: Lecture Manual. Issue. 2 / A. I. Elistratov, Pr.-Assoc. Imp. Moscow university – Moscow: Society for Mutual Assistance of Law Students Mosk. un-ta, 1911. – 1 ton; 26. – 96 p.
5. Zavrazhin O. V. The concept, essence and types of administrative punishments: graduation qualification work (thesis): 05/40/01 [Place of defense: Togliatti State University]. – Yekaterinburg, 2013. – 78 p.
6. Kudryavaya A. A. Educational role of administrative punishment // Young scientist. – 2014. –
No. 3 (62). – pp. 653-655. – [Electronic resource]. – Access mode: https://moluch.ru/archive/62/9494/ (date of access: 03/18/2022).
HISTORY OF STATE AND LAW
SEMUSHEV Denis Vladimirovich
senior lecturer of Theory and history of state and law sub-faculty of the Siberian Institute of Management – branch of the RANEPA under the President of the Russian Federation
SOVIET LEGISLATION AS A HISTORICAL SOURCE IN THE PROFESSIONAL TRAINING OF LAWYERS
The article presents the experience of using as a historical source an act of the People’s Commissariat of Justice of the RSFSR – a resolution of December 12, 1919 “Guiding Principles on Criminal Law of the R.S.F.S.R.” in a competitive task, tested during a team game among 1st year students of legal specialties. During the analysis of this normative act, students correlated modern theoretical concepts with the general conceptual and normative prescriptions of the document, with the normative legal acts in force at that time and, in general, with the specific regime of social regulation in the conditions of the civil war. Such comparisons make it possible to show the dependence of normative acts and representatives of state authorities on the historical conditions in which these acts are adopted and applied.
Keywords: legal education, Soviet legislation, history of the national state and law, Guiding Principles on Criminal Law of the R.S.F.S.R.
Reference list
1. Starodubova G. V., Ivanov Yu. A. Law, born of the revolution // Judicial power and criminal procedure. – 2017. – № 3.
2. Stuchka P. I. People’s Court in Questions and Answers: An Unofficial Guide with an Alphabetical Index and Attachment of Decrees of the Workers’ and Peasants’ Government that are Important to the People’s Court. – Moscow; Petrograd: Kommunist, 1918. – 120 p.
HISTORY OF STATE AND LAW
RAEVSKAYA Valeriya Andreevna
magister student of the 2nd course in the direction 40.04.01 “Jurisprudence” of the I. S. Turgenev Oryol State University
THE HISTORY OF THE CREATION AND DEVELOPMENT OF WORKHOUSES IN THE UK
This article examines the history and reasons for the creation of workhouses in the UK. The stages of formation of workhouses, their transformation over time are given. The principles of the implementation of the activities of this social institution are also revealed. The provides paper data on the approximate daily routine of paupers, also contains information about disciplinary violations and sanctions for their commission. The points of view of authors and scientists on the problem of poverty are considered.
Keywords: workhouse, paupers, unemployment, benefits, the poor.
Reference list
1. Barlova Yu. E. Workhouses in the history of English social policy // Science and School. – 2009. – S. 73-75
2. Barlova Yu. E. English legislation on the poor in the 18th – first half of the 19th century // Yaroslavl Pedagogical Bulletin. – 2010. – № 3. – S. 27-31
3. Konovaltsev A. S. Legal policy in the field of public charity (a study of foreign experience) // Bulletin of TSU.- 2012. – No. 8 (112). – S. 299-303
4. Sklyarova E. K. Pauperism and the formation of social policy in Great Britain // Humanitarian and legal research. – 2019. – S. 90-97
HISTORY OF STATE AND LAW
ROMAZANOVA Anna Nikolaevna
competitor of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
PRISONERS OF WAR IN WORLD WAR I AND THEIR LEGAL STATUS
In this article, the author examines the key provisions of the legal status of prisoners of war during the First World War. The focus of scientific research is focused on the legal acts, on the basis of which, during the period under study, the procedure for treating prisoners of war in European countries and in the Russian Empire was determined. The author touches upon the problem of the use of labor resources of this category of persons in conditions that do not comply with the norms of international law. It also provides statistical data on the number of prisoners in the countries participating in the First World War. Particular attention is paid to the situation of prisoners of war in the Russian Empire and Soviet Russia.
Keywords: Hague Convention, prisoner of war, war, combatants, World War I, captivity, violence, camp.
Reference list
1. Bazanov S. Traitors to the motherland or patriots? // History – the first of September. – 2013. – No. 7/8. – P. 10-16.
2. Vasilyeva S. N. Prisoners of war in Germany, Austria-Hungary and Russia during the First World War. – M .: Ed.-ed. center MGOPU, 1999. – 133 p.
3. Kutyavina M. N., Mankovsky I. Yu. Legal status of prisoners of war on the territory of the Russian state during the First World War // Science and Modernity. – 2016. – No. 42. – P. 152-159.
4. Nachtigal R. Prisoners of war in Russia during the First World War / R. Nachtigal // Quaestio Rossica. – 2014. – No. 1. – P. 142-156.
5. Russia in World War 1914-1918 (In numbers). – M.: B.i., 1925. – 103 p.
6. Smirnov M. G. Evolution of the Jus ad bellum rule in international humanitarian law: on the issue of distinguishing between the terms jus in bello and jus ad bellum // Questions of Russian and international law. – 2021. – T. 11. – No. 12A. – P. 251-257.
7. Smirnov Yu. I., Skripnikova M. I. Prisoners of war on the territory of Russia during the First World War // Vestnik MIEP. – 2016. – No. 1 (22). – C. 135-139.
CONSTITUTIONAL LAW
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
HUSEYNOVA Jamilya Sherkhanovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University
ON THE ISSUE OF RESTRICTING THE RIGHTS AND FREEDOMS OF CIVIL SERVANTS IN THE RUSSIAN FEDERATION
The article deals with the problem of restricting the rights and freedoms of civil servants in the Russian Federation. It is said about the possibility of restricting such rights, the limits and possible consolidation of such restrictions at the legislative level, it is emphasized that one of the latest innovations in the field of restricting the rights of civil servants is the established ban on inheritance of foreign assets. The international experience in the sphere of restriction of the rights of officials is analyzed on the example of countries such as America, France, Japan and Canada. The main conclusion is the provision according to which it is necessary to adopt at the federal level a Code of Ethics for Civil servants, which will clarify the concept of proper and proper behavior of officials.
Keywords: citizens’ electoral rights, fundamental rights and freedoms, the Constitution of the Russian Federation, migrant workers, foreign citizens, democracy.
Reference list
1. Lapaeva V. V. Restriction of the rights and freedoms of a person and a citizen: approaches to the development of a legal position // Legislation and economics. – 2005. – No. 6. – P. 7-15.
2. Niering S. Freedom: promise and threat. – M., 2016.
3. Ebzeev B. S. Man, people, state in the constitutional system of the Russian Federation. – M., 2005.
4. Petrukhin I. L. Man and power (in the field of combating crime). – M., 1999. – S. 97. [Electronic resource]. – Access mode: https://www.sovremennoepravo.ru/ (date of access: 04/09/2023).
CONSTITUTIONAL LAW
OSMANOVA Aminat Gadzhimagomedovna
magister student of the Dagestan State University
THE MAIN DIRECTIONS OF IMPROVING THE RIGHT OF CITIZENS TO PARTICIPATE IN THE MANAGEMENT OF STATE AFFAIRS
This article reveals the main directions and trends in the development of the constitutional right of citizens to participate in the management of state affairs in the Russian Federation in modern realities. The development of the State as a whole depends on the realization of this right. This is the main guideline for the democratization of the state and the development of civil society with a high level of legal culture. The pace of progress of modern life does not leave any category in a state of stagnation, the topic under consideration is no exception.
Keywords: participation in the management of state affairs, constitutional law, trends, e-democracy, legal initiative, councils.
Reference list
1. Rudenko VN Consultative public councils in the system of deliberative democracy. – Text: direct // Comparative constitutional review. – 2016. – № 3.
2. Vasilyeva SV Social legitimation of power as the basis of consultative democracy. – Text: direct // Comparative constitutional review. – 2018. – No. 8.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ON THE CONCEPT AND CONTENT OF ADMINISTRATIVE JUSTICE IN ANGLO-SAXON COUNTRIES
The presented study is a deeper and more complex form, summarizing the results of the work obtained over 5 years of studying the Anglo-Saxon administrative justice. This article focuses on the distinctive and characteristic features of the described institute, as well as the problematic aspects of its individual parts. The author has illustrated the most characteristic examples from judicial practice, as well as studied the current laws and legal doctrines for a more nuanced understanding of the nuances of this legal system.
Keywords: administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration.
Reference list
1. Robin Creyke and John McMillan (eds), Administrative Justice – The Core and the Fringe (2000). – P. 58, 60-1.
2. Galligan D. J. Due Process and Fair Procedures: A Study of Administrative Procedures (1996). – No. 3. – P. 237.
ADMINISTRATIVE LAW
FILIN Vladimir Vladimirovich
Ph.D. in Law, associate professor of General legal and special disciplines sub-faculty of the Karaganda University of Kazpotrebsoyuz
FETKULOV Alikzhan Halelovich
Ph.D. in Law, leading researcher of the Research Institute of Economic and Legal Research, associate professor
RAKHIMGULOVA Manshuk Bulatovna
Ph.D. in Law, associate professor, Head of General legal and special disciplines sub-faculty of the Karaganda University of Kazpotrebsoyuz
BAIKENGINA Kulbagila Aliakparovna
Ph.D. in Law, associate professor of General legal and special disciplines sub-faculty of the Karaganda University of Kazpotrebsoyuz
ON SOME ISSUES OF ADMINISTRATIVE RESPONSIBILITY OF FOREIGNERS AND STATELESS PERSONS FOR VIOLATION OF THE RULES OF STAY IN THE REPUBLIC OF KAZAKHSTAN
In the article, taking into account the role of legislation on administrative offenses in public administration, its importance among the instruments for regulating social tension in the country, the mechanism of administrative responsibility of foreigners and stateless persons for violation of the rules of stay on the territory of the Republic of Kazakhstan is analyzed. The issues of qualification of an act related to evasion are indicated, gaps in legal regulation are formulated and ways of their solution are proposed.
Keywords: administrative responsibility, administrative offense, foreigners, stateless persons
Reference list
1. Filin V. V., Fetkulov A. Kh., Rakhimgulova M. B., Baikenzhina K. A. On some issues of improving the administrative legislation of the Republic of Kazakhstan in the light of the Message of the President // Eurasian Law Journal. – 2021. – No. 2 (153). – P. 145-147.
2. Rasulova ZD The main ways of solving the problem of tax evasion // Eurasian legal journal. – 2015. – No. 8 (87) – P. 300.
3. Aliyev A. M., Tailova A. G. Some issues of criminal liability for tax evasion and (or) fees from an individual // Eurasian legal journal. – 2019. – No. 12 (139) – S. 247.
ADMINISTRATIVE LAW
FOMINA Tatyana Fedorovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative activities sub-faculty of the St. Petersburg University of the MIA of Russia
IMPROVEMENT OF THE LEGAL REGULATION OF INCENTIVE PROCEEDINGS IN THE INTERNAL AFFAIRS BODIES
In the article, the author explores the problems of legal regulation of award production in the police, reveals the importance of this institute to improve the quality of public administration and service in the field of internal affairs. It is argued that incentive production is aimed at increasing the motivation, inspiration and loyalty of employees, which in turn leads to an increase in the quality of work. Based on the results of the study, the author formulates a number of proposals for improving approaches to legal regulation of incentive production in the police department and in the public service as a whole.
Keywords: encouragement, incentive production, official legislation, awards, service discipline.
Reference list
1. Kononov P. I. Administrative procedural legislation and the problem of its codification: author. dis. … doc. legal Sciences. – M., 2001. – 25 p.
2. Expanded meeting of the board of the Ministry of Internal Affairs of Russia in 2022. The official Internet portal “President of Russia”. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/news/67795 (date of access: 02/12/2023).
3. Formation of personnel policy and personnel management of the public service: textbook. allowance / Under the general editorship. G. P. Lozovitskaya. – M., 2019. – 71 p.
ADMINISTRATIVE LAW
FRANZ Otto Yurjevich
student of the RANEPA under the President of the Russian Federation, Chief State Inspector of the Department of State Construction Supervision in the Novosibirsk Region No. 1
LEGAL SUPPORT OF CONTROL AND SUPERVISION ACTIVITIES OF STATE BODIES
State control and supervision are processes that allow the state to ensure that the activities of organizations and individuals comply with the law and protect the rights and interests of citizens and society. For the effective performance of their functions, the control and supervision activities of state bodies should be regulated by law. Based on the analysis of theoretical sources and normative legal acts, the features of the legal support of the control and supervision activities of state bodies are characterized.
Keywords: state control, state supervision, legal support, subjects of state control and supervision.
Reference list
1. Kozhevnikov O. A., Nikonova Yu. Sh. Legislation on control and supervision activities: realities and expected prospects // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2021. – T. 27. – No. 2 (81). – S. 132-138.
2. Khozyainova K. G. Novels in the Russian legislation on state (municipal) control (supervision) // Collected. scientific conference. – St. Petersburg: St. Petersburg Institute (branch) VGUYu, 2022. – P. 178-184.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MURATOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CRITERIA FOR THE CHALLENGE OF ADMINISTRATIVE DECISIONS ON THE EXAMPLE OF ANGLO-SAXON COUNTRIES
The presented study is a deeper and more complex form, summarizing the results of the work obtained over 5 years of studying the Anglo-Saxon administrative justice. This article focuses on the distinctive and characteristic features of the described institute, as well as the problematic aspects of its individual parts. The author has illustrated the most characteristic examples from judicial practice, as well as studied the current laws and legal doctrines for a more nuanced understanding of the nuances of this legal system.
Keywords:Administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration, administrative dispute, disputability of an administrative act.
Reference list
1. R v Greenwich London Borough Council, ex parte Cedar Holdings [1983] RA 17.
2. Warrington LJ in Short v Poole Corporation [1926] Ch 66 at 90.91.
3. Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 p. 229
4. Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 at 42.
5. Vavilov v Canada (Minister of Citizenship and Immigration), 2019 SCC 65.
6. S. Bell & Brown L. Neville, French Administrative Law (Oxford University Press, 1993).
7. Campbell, N, ‘The duty to give reasons in administrative law’ [1994] PL 174.
8. Craig, PP, ‘Legitimate expectation: a conceptual analysis’ (1992) 108 LQR 99.
CIVIL LAW
ARZHILOVSKIY Dmitry Evgenjevich
senior lecturer of the Institute of State and Law of the Tyumen State University
GRIGORJEV Alexander Sergeevich
Ph.D. in Law, associate professor of the Institute of State and Law of the Tyumen State University
INFLUENCE OF CYBERSPACE AND DIGITAL TECHNOLOGIES ON THE SENSE OF JUSTICE AND LEGAL EDUCATION OF CITIZENS
The Internet and digital technologies in the 21st century have become an integral part of our daily reality. Their influence is enormous, and the possibilities are endless and need to be studied by various sciences, particularly legal. In addition to the problems of legal regulation of public relations in the Internet, the issue of the impact of cyberspace on the psychology and legal consciousness of citizens, their ability to maintain uniform patterns of lawful behavior in the network and reality is also relevant. The article discusses the question of what threats and problems of the legal consciousness of citizens are posed by the digital environment, ways to solve them are proposed, and the main problematic aspects of the legal education of citizens in the context of the rapid development of cyberspace and its agents are identified.
Keywords: cyberspace, law, sense of justice, legal education, digital technologies, civil society, legality.
Reference list
1. Aisina R. M. Psychological safety of adult Internet users: analysis of modern research. Bulletin of Omsk University. Series “Psychology”. 2019. No. 1. P. 28-38.
2. Gulyakhin VN Legal socialization of a person: monograph. M.: Yustitsinform, 2014. 282 p.
3. Dobrinskaya D. E. Cyberspace: the territory of modern life // Bulletin of the Moscow University. Series 18. Sociology and political science. 2018. No. 1. P. 52-70.
4. Lovtsov D. A. Systemology of legal regulation of information relations in the infosphere: monograph. Federal State Budgetary Educational Institution of Higher Education Russian State University of Justice. Moscow: Russian State University of Justice, 2016. 316 p.
5. Petrova E. A. Topical issues of the theory of law and comparative law: a tutorial. M.; Berlin: Direct-Media, 2015. 233 pp.
6. Petrulevich I. A., Mikhailova O. Yu., Romanko O. A., Tselikovskiy S. B. Features of legal consciousness and problems of the formation of civil society in modern Russia // Theory and practice of social development. 2013. No. 4. P. 159-165.
7. Rassolov M. M. Theory of state and law: textbook. M.: UNITY-DANA, 2015. 575 p.
8. Smelzer N. Sociology. M., 1998. S. 170
9. Fedorov R. V. Theoretical and legal aspects of the right to anonymity on the Internet. Legal Bulletin of DGU. 2022. V. 44. No. 4. S. 34-41.
CIVIL LAW
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
TO THE QUESTION OF THEORETICAL UNDERSTANDING OF THE CONCEPT AND LEGAL NATURE OF THE SUPPLY CONTRACT
Most modern commercial agents and business entities resort to the supply of various goods, raw materials and other elements to carry out their activities. Accordingly, the basis of relations between the seller and the buyer of various goods is the supply of products in all its manifestations. Every day in our country a huge number of supply contracts are concluded, which once again emphasizes the relevance of his research. The article provides a theoretical understanding of the supply contract, analyzes its concept, reveals the signs and characteristics, considers the legal nature of the supply contract. The importance of studying the supply contract in the context of the development of the state economy is being updated.
Keywords: supply of goods, supply contract, concept, legal nature, supplier, buyer.
Reference list
1. Merzhoeva Z. S. Legal nature of the supply contract // Fundamental and applied research: problems and results. – 2016. – No. 1. – P. 141-147.
2. Samarkin S. V. History of millsof the supply contract in Russian legislation // International Journal of the Humanities and Natural Sciences. – 2019. – No. 1. – P. 10-15.
3. Stepanova E. N. Organization of sales in retail trade: current trends // Bulletin of the Khabarovsk State University of Economics and Law. – 2021. – No. 2. – P. 47-53.
CIVIL LAW
GAYBATOVA Kuruma Daudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
MUSTAFAEV Dzhabrail Shamilevich
magister student of the 1st year of study under the program “Actual problems of civil law” of the Institute of Law of the Dagestan State University
INHERITANCE CONTRACT AS THE BASIS OF INHERITANCE IN RUSSIAN AND FOREIGN LEGAL ORDERS
This article is devoted to a comparative legal study of the legislation of the Russian Federation and foreign countries in the part that is related to the inheritance contract. The features of the emergence and development of the institution under study are revealed, its advantages and disadvantages are listed. In addition, based on the analysis, the shortcomings of the legal regulation of relations related to the inheritance contract were revealed.
Keywords: inheritance law, inheritance contract, inheritance relations, grounds for inheritance, testament.
Reference list
1. Gadzhiev A. A. Comparative legal analysis of the institution of the hereditary contract in the law of Russia, France and Germany // Economics. Right. Society. – 2022. – No. (2). – S. 85-90.
2. Demichev A. A., Inheritance contract in the system of inheritance law of the Russian Federation: debatable problems // Actual problems of state and law. – 2020. – № 16.
3. Lorenz DV Inheritance contract: the approach of continental law // Law. Journal of the Higher School of Economics. – 2020. – № 2.
4. Elderly A. I. History of the hereditary contract // Ural Journal of Legal Research. – 2020. – No. 5 (12).
5. Puchkov V. O. Inheritance contract as a special institution of civil. Laws of Foreign States: General Characteristics and Problems of the Legal Regime // Civil Law and Process. – 2016. – T. 10. – No. 3. – S. 30-36.
CIVIL LAW
GUSEVA Anastasia Alexandrovna
Master’s of Law of the National Research University “Higher School of Economics”, bachelor of Law of the O. E. Kutafin Moscow State Law University (MSAL)
OBJECTIVE IMPUTATION IN DETERMINING SUBJECTIVE GOOD FAITH IN VINDICATION DISPUTES
The article considers the division of good faith into objective and subjective types. The author examines the issue of subjective good faith in vindication disputes. The author concludes that there are some difficulties to establish the subjective good faith (as an excusable unawareness). These obstacles are the abuse of procedural rights, deception of the court and the abstract essence of the legal entity. Therefore, the legislative structure “did not know and could not know” was transformed into a structure “did not know and should not have known” in judicial practice. In the author’s opinion, this can lead to an unfair resolution of some disputes, because it allows an objective imputation. This means that the subjective good faith can be established without investigating the subjective element (without researching whether the person knew and could have known taking into account his/her characteristics and capabilities, that he/she was buying the property not from the owner).
Keywords: vindication, bona fide, subjective good faith, legal entity, fiction, abstraction, falsehood, deception of the court.
Reference list
1. Abakumova E. B. Principles of good faith and reasonableness in corporate legal relations // Bulletin of Arbitration Practice. 2020. No. 4. S. 32-40.
2. Gavrilov E. P. The principle of good faith and the rules of law based on this principle // Economy and law. 2020. No. 11. P. 59-61.
3. Golubtsov VG Judicial proof of the circumstances of subjective good faith // Bulletin of the civil process. 2020. No. 5. S. 83-100.
4. Guseva A. There is a suspicion that the transaction is imaginary. How to use affiliation in proving // Journal “Arbitration Practice for Lawyers”. 2022. No. 9.
5. Egorov A. The principle of good faith in the Civil Code of the Russian Federation: the first steps of the reform // Legal Insight. 2013. No. 2. P. 4-10.
6. Erokhova M. A. The burden of proof of compensation and good faith in the acquisition of another’s property. On changing the approach of the highest court // Law. 2019. No. 8. P. 153-161.
7. Zaitseva N. V. The principle of good faith and its impact on the qualification of legal relations// Bulletin of the Perm University. Legal Sciences. 2020. No. 3. S. 476-501.
8. Nam KV The principle of conscientiousness: development, system, problems of theory and practice. M.: Statut, 2019. 278 p.
9. Novitsky I. B. The principle of good conscience in the draft law of obligations // Bulletin of civil law. 2006. No. 1.
10. Basic provisions of civil law: article-by-article commentary on articles 1-16.1 of the Civil Code of the Russian Federation [Electronic edition. Edition 1.0] / A. V. Asoskov, V. V. Baibak, R. S. Bevzenko [and others]; resp. ed. A. G. Karapetov. M.: M-Logos, 2020. (Comments on the civil legislation of Gloss).
11. Pokrovsky I. A. Main problems of civil law. 6th ed., stereotype. M.: Statut, 2013.
12. Sklovsky K. I. Property in civil law. 5th ed., revised. M.: Statut, 2010. 893 p.
13. Sultanov A. R. Lies of the parties in the arbitration court as a procedural legal fact // Bulletin of the civil process. 2021. No. 4. P. 70-86.
14. Sultanov A. R. On the first steps to prevent lies in the process // The doctrine of the civil process: the present and the future: a collection of reports at the I International Scientific Conference in memory of M. K. Treushnikov (Moscow, February 9, 2022) / Under ed. V. V. Molchanova. M.: Zertsalo-M, 2022. S. 343-347.
15. Sukhanov E. A. Property law: a scientific and educational essay. M.: Statut, 2017. 560 p.
16. Khramtsov KV Criteria for assessing the good faith of the acquirer of property in judicial arbitration practice // Law and Economics. 2007. No. 6.
17. Tserkovnikov M. A. On good faith in the institutions of property law // Bulletin of Civil Law. 2017. No. 2. P. 24-30.
18. Shirvindt A. M. The principle of good faith in the Civil Code of the Russian Federation and comparative law // Aequum ius. From friends and colleagues to the 50th anniversary of Professor DV Dozhdev / Ed. ed. A. M. Shirvindt. M.: Statut, 2014. S. 203-242.
19. Sklovsky K. Purchase and sale agreement: property effect // Russian justice. 1998. No. 10.
CIVIL LAW
DORZHIEVA Svetlana Vladimirovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Dorzhi Banzarov Buryat State University
ON CERTAIN PROVISIONS OF ADOPTION AND GUARDIANSHIP IN RELATION TO ORPHANS AND CHILDREN LEFT WITHOUT PARENTAL CARE
The article is devoted to the analysis of certain provisions of the draft law aimed at improving the legal regulation of the procedure of adoption and guardianship of children left without parental care. It is concluded that relatives, and not only close ones, should have the advantage in creating a substitute family. The presence of an emotional connection, the experience of mutual communication and maybe the experience of living in the same family acquire priority importance in a child placement. The procedure for the placement of children left without parental care must provide an opportunity for an individual and comprehensive assessment of persons willing to adopt a child into their family.
Keywords: adoption, guardianship, orphans, children left without parental care, protection of children’s rights.
Reference list
1. Dorzhieva S.V. Adoptive family: past, present, future (under the general editorship of Doctor of Law, Prof. A.N. Levushkin). M: Prospekt, 2018. 208 p.
2. Ivanova E. A. Preparation of adoptive parents for the future adoption (adoption) of children in the Russian Federation // Bulletin of the Saratov State Law Academy. 2021. No. 3 (140). pp. 113-119.
CIVIL LAW
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
LEVERAGE LEASING AS AN INNOVATIVE FORM OF FINANCIAL LEASE IN RUSSIA
This article discusses a rarely used innovative investment toolkit for modern Russia called leverage leasing. The objective necessity of using new mechanisms for financing domestic projects through leveraged leasing is analyzed in connection with the difficult international situation. The main advantages of the tools we are studying as a way to raise the national economy are analyzed. The objective disadvantages of leveraged leasing in Russia are also considered. The main ways of improving leverage leasing mechanisms for their more successful application in the domestic economy are being explored.
Keywords: financial lease, lessor, leveraged leasing, investments, equipment, lending, tax preferences, assets, financing, entrepreneurs.
Reference bibliography
1. “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 No. 14-FZ (as amended on July 1, 2021, as amended on July 8, 2021).
2. Federal Law No. 164-FZ dated October 29, 1998 “On Financial Leasing (Leasing)” (last edition).
3. Makarova Yu. V., Migunova M. I. Leverage-leasing – an innovative method of financing the renewal of fixed assets // Accounting, analysis and audit: problems of theory and practice. 2013. No. 10. P. 83-86.
CIVIL LAW
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
ANTIPOVA Yana Olegovna
student of Samara State University of Economics
KURILKINA Margarita Sergeevna
student of Samara State University of Economics
EXPERT-ANALYTICAL ACTIVITY IN THE JUDICIAL SPHERE: PROBLEMS AND PROSPECTS OF LAW ENFORCEMENT
This article provides a theoretical and legal analysis of the topic of expert and analytical activity in the judicial sphere, examines its problems and prospects for development in the field of law enforcement. Scientists propose their own vision of the need to use this institute in judicial activity, the relevance of which is due to the active spread of various ways of committing offenses and crimes, including using the Internet or simply in the Internet space, which has not been fully studied to date.
Keywords: judicial activity, judicial sphere, expert, analytics, expert-analytical activity, subject of law, expert activity.
Reference list
1. Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Activities in the Russian Federation”.
2. Gurlev V. G., Khomyakova T. S. Judicial statistics. Statistical processing of expert studies of court activities. – Chelyabinsk: Publishing Center of SUSU, 2021. – 42 p.
3. Korolev B. I., Skobelev A. A. Features of the activity of the expert commission of the court // Man and society in contradictions and agreement: Collection of scientific papers based on the materials of the international scientific and practical conference, Nizhny Novgorod, November 21, 2019. – Nizhny Novgorod: Gladkova O. V., 2019. – S. 192-197.
4. Zhizhina M. V. On the activities of the court in assessing expert opinions // Theory and practice of forensic examination in modern conditions: Proceedings of the 4th International Scientific and Practical Conference, Moscow, January 30-31, 2013. – Moscow: Limited Liability Company “Prospect”, 2013. – P. 112-115.
5. Dikanova T. A. Issues of improving the legislation on expert activity // Legal Bulletin of Samara University. – 2021. – V. 7. No. 2. – S. 96-105. – DOI 10.18287/2542-047X-2021-7-2-96-105.
6. Kuzbagarov A. N., Fedchun A. V. Competition of forensic examinations as an integral part of adversarial proceedings // Bulletin of the civil process. – 2017. – T. 7. No. 5. – S. 69-80.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
TYPES OF SUPPLY CONTRACT AND ITS DIFFERENCES FROM RELATED CIVIL LAW CONTRACTS
The supply agreement has found wide distribution in modern business practice. Without it, it is impossible to imagine everyday market relations in all their diversity. By means of supply, consumer demand is saturated and satisfied for the goods necessary for the life of each member of society. The article discusses the varieties of the supply contract, examines their characteristic features and differences, reveals the specifics of each existing supply, updates the importance of the diversity of the supply for the life of modern society, provides clear criteria for distinguishing between the supply contract and the sales contract in the context of their interrelated legal nature and general orientation.
Keywords: supply of goods, supply agreement, types of supply agreement, differences in the supply agreement, characteristic features of the supply agreement.
Reference list
1. Bakanina A. I. The place of the supply agreement in the system of modern civil law // New Legal Bulletin. – 2021. – No. 6 (30). – S. 14-16.
2. Mikhailov S. V., Ponomareva N. V. On the issue of the relationship between supply and purchase and sale contracts // Yurist-Pravoved. – 2019. – No. 2. – S. 72-77.
3. Skripova E. V. Concept and qualifying signand supply contracts in modern civil law // Young scientist. – 2020. – No. 52 (342). – S. 248-250.
CIVIL LAW
KONDRATJEV Pavel Olegovich
lawyer
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, senior lecturer of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
SLEPOV Andrey Petrovich
Ph.D. in Law, associate professor of History, philosophy of law sub-faculty of the V. F. Utkin Ryazan State Technical University
SILKINA Yuliya Sergeevna
bachelor of the Institute of the Academy of the FPS of Russia
DEVELOPMENT OF DIGITAL LAW IN RUSSIA
Digital law is a relatively new direction in the legal sphere that regulates relations related to the use of digital technologies. In Russia, digital law has only recently begun to develop, and it is already becoming clear that there are many problems in this area. One of the main problems is the lack of a unified legal framework for regulating digital relations. The article discusses digital financial assets and their difference from digital currencies.
Keywords: digital law, objects of civil law, digital financial assets, digital currencies, cryptocurrency, blockchain.
Reference list
1. On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation: Federal Law No. 259-FZ of July 31, 2020 – [Electronic resource]. – Access mode: http://pravo.gov.ru 07/31/2020
CIVIL LAW
KORCHAGIN Matvey Andreevich
student of the Institute of State and Law of the Tyumen State University
MOROZ Narkiza Arbikovna
associate professor of the Institute of State and Law of the Tyumen State University
RIGHT OF DEVELOPMENT: A COMPARATIVE LEGAL ANALYSIS WITH CONSTRUCTION LEASE
In the course of implementation of the Concept of the Development of Civil Legislation, the working group proposed major changes to Section 2 Proprietary rights of the Civil Code of the Russian Federation. The entitlement of the right of development was one of the directions in the reform in proprietary rights. Despite the fact that over 14 years passed, the right of development has not appeared in the current Civil Code of the Russian Federation. One of the reasons for this was the reluctance for fundamental changes in the construction industry on someone else’s land. According to the legislator, all challenges in this area are perfectly coped with by today’s main competitor to the right of development – construction lease. However, such lease has a number of significant drawbacks that must be compared with the right of development. The purpose of the work is to identify the strengths and weaknesses of this legal institution, conduct a comparative analysis with a construction lease, which currently fulfills the tasks of the right of development, and most importantly, the authors of the work set the goal to answer the key question regarding the place of the right of development in the Russian Federation. To achieve this goal the authors of the work applied the following general scientific methods of study: synthesis, analysis, legal modeling, as well as special scientific methods: formal-legal, system-structural, and comparative-legal ones. As a result of this study, it is concluded that the right of development is viable in the Russian Federation. However, the most correct implementation option is not to replace the construction lease with the right of development, but the emergence of the latter as an alternative in legal regulation. Thus, the construction lease serves as an effective tool for continuing the privatization of land, but only the right of development can solve the problem of effective urban renewal.
Keywords: property law, limited proprietary rights, right of development, superficies, construction lease, concept of development of civil legislation.
Reference list
1. Pokrovsky I. A. Basicproblems of civil law / 8th ed. M.: Statut, 2020. S. 206.
2. Tails V. M. The system of Roman law: Textbook. M., 1996. S. 105.
3. Muromtsev S. A. Civil law of Ancient Rome. M., 2003. P. 126.
4. Sukhanov E. A. Property law: Scientific and educational essay. M.: Statut, 2017. S. 247.
5. Bevzenko R. S. Land plot with buildings on it: an introduction to Russian real estate law. M.: M-Logos, 2017. S. 37.
6. Venediktov A. V. State socialist property / Selected works on civil law. T. 2. M.: Statut, 2004. S. 308.
CIVIL LAW
KOLOMIETS Viktor Alexandrovich
postgraduate student of the Novosibirsk State University of Economics and Management
PROFESSIONAL LEGAL REPRESENTATION
The author of the article gives an assessment of the state of such an aspect of legal regulation as the institution of professional judicial representation.
The professional beginning of the representative function is due to several factors, the most important of which is the social and legal status of the person to whom the authority to represent is delegated. As a rule, these powers arise from the fact that a person representing the interests of someone needs to have a special education, as well as to have the necessary document confirming the validity of these powers. The article gives a consistent description of the principles of appointing a representative in court, assesses the prospects for the introduction of a lawyer monopoly
Keywords: lawyer, legal representation, representative, representation, quality of legal assistance.
Reference list
1. Tarlo E. G. Problems of professional representation in legal proceedings in Russia: dis. … doc. legal Sciences. Specialty 12.00.09. Moscow, 2004. 450 p.
2. Zaykov D. E. Professional judicial representation in cases considered by magistrates and district courts: is it time? // Citizen and law. – 2023. – No. 3. – P. 65-72.
3. Nagorny I. E. Problems of professional representation in constitutional proceedings // Fourth Congress of Civil Law Enforcement Agencies: Proceedings of the All-Russian Scientific and Practical Conference with International Participation, Nizhny Novgorod – Barnaul, March 24-25, 2022. – Moscow: Limited Liability Company “Rusigns”, 2022. – P. 301-306.
4. Aloyan E. S. Institute of representation in civil procedural law: dis. … cand. legal Sciences. Speciality. 12.00.15 – civil process; arbitration process. – Saratov, 2021. – 164 p.
5. Kotova I. A. Representation in civil court // Collection of scientific papers based on the materials of the XXVI International Scientific and Practical Conference, Anapa, March 22, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 29-34.
6. Korneeva A. D. Lawyer monopoly: prerequisites for formation and implementation problems // Innovations. The science. Education. – 2022. – No. 50. – P. 1361-1367.
7. Tairova A. T. Representation by appointment of a court: legal nature and some practical problems // Scientific Works. Russian Academy of Legal Sciences. Volume Issue 21. – Moscow: Limited Liability Company “Jurist Publishing House”, 2021. – P. 225-230.
8. Shilov E. A. Trends in the development of the Russian Federation Bar. Problems of advocacy // Scientific interdisciplinary research: collection of articles of the XIV International Scientific and Practical Conference, Saratov, May 20, 2021. – Moscow: “KDU”, “Dobrosvet”, 2021. – P. 409-429.
9. Belousova A. A. The main problems of the legal profession and ways to solve them in the Russian Federation at the present time // Theory and practice of modern science. – 2022. – No. 12 (90). – P. 124-128.
10. Kazakova D. G. The main signs and categories of corruption in the actions of a lawyer-defender // Anti-corruption: legal support and anti-corruption standards of behavior: a collection of scientific papers based on the materials of the International scientific and practical conference dedicated to the International Anti-Corruption Day, Tambov, 06 December 2022. – Tambov: Pershina Publishing House, 2023. – P. 71-74.
11. Yusubov E. S., Filimonov Yu. V. Properties of clarifications of the Plenum of the Supreme Court of the Russian Federation on judicial practice // Russian Justice. – 2021. – No. 6. – P. 16-21.
CIVIL LAW
LEBEDEV Maxim Andreevish
commodity operator of the 5th category of the Treatment Facilities Section of the Industrial Safety, Labor Protection and Environmental Protection Unit of the PJSC ANC Bashneft Bashneft-Ufaneftekhim
LEBEDEVA Aigul Fanilevna
leading specialist of the Integrated Industrial Safety, Labor Protection and Environmental management system of the PJSC ANC Bashneft Bashneft-Novoil
CHANGES IN LABOR PROTECTION LEGISLATION IN 2023 FOR MICROENTERPRISES
The article presents changes in the legislation of the Russian Federation in the field of labor protection in relation to microenterprises. It is shown how it is possible to comply with the requirements of regulatory documents, taking into account the permissible indulgences for this category of enterprises. The main directions of labor protection are considered. Possible options for the appointment of persons responsible for labor protection at enterprises are presented.
Keywords: labor protection, microenterprise, labor protection training, instruction, SOOT, SOUT, working conditions, occupational risks.
Reference list
1. Khasanova A. F., Shtur V. B., Shaybakov R. A. Accidents and injuries at oil refining facilities // Oil and gas business: electron. scientific magazine / UGNTU. – 2016. – No. 6. – S. 161-176. [Electronic resource]. – Access mode: http://ogbus.ru/issues/6_2016/ogbus_6_2016_p161-176_KhasanovaAF_ru.pdf.
2. Fedosov A. V., Zakirova Z. A., Guseva I. E. Occupational risks of oil industry workers // Labor safety in industry. – 2016. – No. 6. – P. 70-73.
3. Fedosov A. V., Vadulina N. V., Ryamova S. M., Novikova A. I., Khizbullina A. A. Measurement of levels of harmful production factors. – Ufa: UGNTU Publishing House, 2015. – 333 p.
CIVIL LAW
YAKOVLEV Evgeniy Alexeevich
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
DIGITALIZATION OF CIVIL SOCIETY: PRACTICAL ASPECTS
The Internet, as a worldwide system of computer networks, has changed many areas of public life, having a significant impact on the development of new communication channels. The accelerating processes of digitalization have a dualistic impact on the development of civil society and the state of human rights, mechanisms and methods of their protection. In connection with the development of virtual opportunities, there is a need to create or finalize the issue of a new branch of law. The authors analyzed the current regulatory legal acts regulating the process of digitalization and assessed the practical aspects of its impact on civil society.
Keywords: civil legislation, digitalization, digital technologies, civil society, legal regulation, practical aspects.
Reference list:
1. Makhiboroda M. N., Ananyeva E. O. Legal basis for the activities of collection agencies // Russian justice. 2019. No. 5. P. 13-16.
2. Ananiev O. G., Ananiev Zh. N. Problems of development of a teenager in the modern world // Bulletin of the public research laboratory “Interaction of the penitentiary system with civil society institutions: historical, legal and theoretical and methodological aspects.” 2019. No. 16. P. 35-39.
3. Where you can and where you can’t from October 11 without a QR code in Tatarstan. [Electronic resource]. – Access mode: https://www.tatar-inform.ru/news/kuda-mozno-a-kuda-nelzya-s-11-oktyabrya-bez-qr-koda-v-tatarstane-5839027 (accessed 25.03. 2023).
4. Ananyeva E. O., Ivliev P. V. Implementation and problems of digitalization in certain regions of Russia // Eurasian legal journal. 2022. No. 8 (171). pp. 143-145.
5. In Moscow, a system of payment by person will work at all metro stations. [Electronic resource]. – Access mode: https://www.rbc.ru/technology_and_media/15/10/2021/616894ae9a79473535b7888b (accessed 5.04.2023).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, “Leningrad Regional Bar Association”, branch of “Pelevin and Partners Law Firm”
COMPENSATION FOR MORAL DAMAGE TO THE PATIENT IN CONNECTION WITH THE ESTABLISHMENT OF FORENSIC MEDICAL EXAMINATION OF DEFECTS IN THE REGISTRATION OF MEDICAL DOCUMENTATION IN THE CLINIC OF PLASTIC SURGERY
The problem of moral damage is quite difficult for civil law relations in terms of determining the guilt or innocence of participants in legal relations, establishing the severity of the harm directly. In law enforcement practice, it is necessary to establish the most complete picture of what happened in terms of various aspects and circumstances, in order to present it in the logic of legal regulation. This is especially important in the field of medicalservices, with great risks to the health and life of citizens. As the analysis of the publications of domestic authors on this problem shows, in the scientific discourse there is no consistency in the assessment of such concepts as “expertise,” “moral damage,” “defects in medical documentation” within a single subject field.
Keywords: tort liability, medical services, forensic medical examination, moral damage, defects in medical documentation
Reference list
1. Voytovich L. V., Sergeev I. V. Formation and general characteristics of the institution of liability due to infliction of harm in Russian law in the second half of the 19th – early 20th centuries. // Leningrad legal journal. 2015. No. 3. P. 17-27.
2. Lantukh D. V., Nevzgodina E. L. Compensation for harm caused to life and health of citizens due to the provision of medical services // Bulletin of the Omsk University. Series “Right”. 2019. V. 16. No. 4. S. 104-114.
3. Lyalina E.A., Novoselov V.P. Organization of healthcare and public health // Siberian Medical Journal. 2008. No. 1. P. 34-37.
4. Mironov V. N., Datsko N. P. Law enforcement practice in compensating for harm to health after complications in implant surgery: analysis in Russia and abroad // Actual problems of medicine and biology. 2018. No. 2. P. 85-87.
5. Ocheretny I. S. Tort liability // Domestic jurisprudence. 2017. No. 2 (16). P. 14-18.
6. Starchenko A. A. Defects in the design of medical documentation – derogation of the rights and legitimate interests of patients, including forensic medical examination of proper quality. Forensic medicine. 2017. V. 3. No. 3. S. 40-41.
7. Starchikov M. Yu. Civil liability for causing harm to the life (health) of patients: problems of theory and practice: dis. … cand. legal Sciences. M.: ANO VO “Russian New University”, 2021. 254 p.
8. Shayakhmetova A. R. Civil liability of medical organizations: problems of legal regulation // Legal state: theory and practice. 2019. No. 4 (58). pp. 122-126.
CIVIL LAW
KHARITONOVA Anna Alexandrovna
competitor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ON INACTION AS PART OF SUBJECTIVE CIVIL LAW
The article explores the doctrinal interpretation of such an element of the composition of subjective civil law as the right to one’s own behavior. The approach, according to which this competence is determined only by an indication of the possibility of an authorized person’s action, is criticized, because it does not take into account the fact that the subjective civil law also includes the possibility of inaction of this person. Objections are raised against the identification of the concepts of “the power of inaction” and “the rejection of a subjective right”. The conclusion is substantiated that as part of subjective civil law, the power of inaction should be considered as an element of the power to own behavior.
Keywords: civil law inaction, the composition of subjective civil law, powers as part of subjective civil law, the right to own behavior, the power of inaction.
Reference list
1. Alekseev S. S. General theory of law. In two volumes. T. II. – M.: Yurid. lit., 1982. – 360 p.
2. Aslanyan N. P. Some questions of the theory of protective legal relations // Protection of private rights: problems of theory and practice: materials of the 3rd annual. intl. scientific-pract. conf. (Irkutsk, September 19–20, 2014) / Ed. N. P. Aslanyan, Yu. V. Vinichenko. – Irkutsk: Publishing House of BSUEP, 2014. – P. 7-18
3. Belov V. A. Civil law: General and Special parts: textbook. – M.: JSC Center YurInfoR, 2003. – 960 p.
4. Bratus S. N. Subjects of civil law. – M.: Gosjurizdat, 1950. – 367 p.
5. Civil law: textbook. In 4 vols. T. 1 / Resp. ed. E. A. Sukhanov. – M.: Wolters Kluver, 2004. – 720 p.
6. Esipova I. A. Legal inaction: dis. … cand. legal Sciences. – Volgograd, 1998. – 159 p.
7. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Gosjurizdat, 1961. – 381 p.
8. Korkunov N. M. Lectures on the general theory of law. – St. Petersburg: Publishing House “Legal Center Press”, 2003. – 430 p.
9. Krasheninnikov E. A. The content of subjective civil law // Essays on commercial law / Sat. scientific Proceedings / Ed. E. A. Krasheninnikova. – Yaroslavl: YarSU, 2006. Issue. 13. – P. 5-22.
10. Malinovsky A. A. Appointment of subjective law // Jurisprudence. – 2006. – No. 4. – P. 222-230.
11. Meyer D. I. Russian civil law. At 2 p. Part 1. – M.: Statute, 1997. – 290 p.
12. General theory of law / Under. total ed. A. S. Pigolkin. – M .: Publishing house of MSTU im. N. Bauman, 1997. – 384 p.
13. Sargsyan A. V., NovOselnov D. A. On the refusal of the right and its consequences // Bulletin of economic justice of the Russian Federation. – 2017. – No. 4. – P. 93-131.
14. Sinitsyn S. A. Absolute and relative subjective civil rights: theory problems // Journal of Russian law. – 2016. – No. 2. – P. 55-62.
15. Sukhanova Yu. V. Refusal of subjective civil rights: author. dis. … cand. legal Sciences. – Kazan, 2009. – 21 p.
16. Theory of state and law: a course of lectures / Ed. N. I. Matuzova and A. V. Malko. – M.: Jurist, 2001. – 776 p.
17. Theory of state and law: textbook / Ed. V. M. Korelsky, V. D. Perevalov. – M.: INFRA∙M – NORMA, 1997. – 570 p.
18. Tretyakov S. V. On the problem of dogmatic qualification of “authority of disposal” // Main problems of private law: Sat. articles on the anniversary of Doctor of Law, Professor Alexander Lvovich Makovsky / Ed. ed. V. V. Vitryansky and E. A. Sukhanov. – M.: Statute. – S. 317-345.
CIVIL LAW
EGOROV Akim Andreevich
magister student of the Russian State Academy of Intellectual Property
DIGITAL RIGHTS MANAGEMENT TECHNOLOGIES AS NON-JURISDICTIONAL METHOD OF PROTECTION
In this article the researcher analyzes the feasibility of Digital Rights Management technologies as a non-jurisdictional method of protection based on Russian law and judicial practice. The legal responsibility for the neutralization of Digital Rights Management technologies is analyzed through legislation and court decisions. As a result of the complex analysis it is established that it is expedient to apply remedies if it will be followed by appeal to the court. The circumvention of technical measures will be, first of all, a weighty proof of violation.
Keywords: copyright, copyright protection, Digital Rights Management, non-jurisdictional means of protection, software, modification, infringement, copyright infringement.
Reference list
1. Batobolotova E. B., Gneusheva T. B. On some problems of copyright protection on the Internet // Law and Practice. – 2020. – No. 4. – P. 168-171.
2. Vanyushina E. A. Technical means of copyright protection on the Internet // Young scientist. – 2021. – No. 53 (395). – P. 55-57.
3. Melnikov O. V. Technical means of copyright protection // Bulletin of the Magistracy. – 2018. – No. 5-2 (80). – P. 127-129.
4. Kuramagomedov R. Sh. The main areas of application of technical means of protection of copyright and related rights // System technologies. – 2014. – No. 10. – P. 1-7.
CIVIL LAW
SABLUKOV Denis Gennadjevich
postgraduate student of Civil law and process sub-faculty of the Academy of Labor and Social Relations, Moscow
PROBLEMS OF APPLYING THE BUSINESS JUDGMENT RULE TO THE DIRECTOR WHEN CHALLENGING A TRANSACTION IN BANKRUPTCY
The article discusses the characteristic features of proving the good faith and reasonableness of the head of the company when challenging suspicious transactions made within three years before the adoption of the bankruptcy petition of the company. The article also touches upon the circumstances that need to be proven to the head of the company in order to prove the circumstances for which there is no tort that allows the transaction to be declared invalid.
This study reflects the imperfection (incompleteness) of the provisions of the Bankruptcy Law in terms of shifting the burden of proof of good faith and reasonableness, when making a transaction, to the head of the company, as well as the correlation between the rule of business judgment of the actions of the head and fiduciary duties provided for in the legislation of the Russian Federation.
The importance of this research is justified by the number of legal cases, where the courts examine the conscientiousness and reasonableness of the actions of the director of the company at the time of making a transaction.
Keywords: Bankruptcy law, challenging suspicious transactions, burden of proof, business risk rule, business judgment rule, fiduciary duties.
Reference list
1. Burtseva L. A. Civil law problems of using an indirect claim as a way to protect business entities: Abstract of the thesis. candidate of legal sciences: 12.00.03, 12.00.15 / [Place of defense: Acad. nar. households under the Government of the Russian Federation]. – M., 2011. – 21 p.
2. Emelyanov V. I. The concept of “reasonableness” in the civil law of Russia // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2002. – No. 10. – P. 145-149.
3. Zhukova Yu. D. The ratio of wrongfulness and guilt in violation of the requirements of reasonableness and conscientiousness by the head of an economic society // Civil law. – 2014. – № 1. – P. 10-13.
4. Eugenzicht V. A. Will and willphenomenon. Essays on the theory, philosophy and psychology of law / Ed. Ed.: Radjabov S. A. – Dushanbe: Donish, 1983. – 256 p.
5. Dal V. I. Explanatory dictionary of the living Great Russian language (first – third editions). – Part 1: A-3. – 1863-1866.
6. Bratus S. N. Legal liability and legality (essay on theory). – M., 2001.
7. Braginsky M. I., Vitryansky V. V. Contract law: General provisions. – M., 1997. – S. 493.
8. Gutnikov O. V. Controlling persons as subjects of corporate responsibility // Legal personality: general theoretical, sectoral and international legal analysis: a collection of materials for the XII Annual Scientific Readings in memory of Professor S. N. Bratus. – M., 2017. – S. 204-211.
9. Stepanov D. I. Responsibility of a shareholder to a shareholder: is it possible to raise such a problem? // Corporate lawyer. – 2008. – № 11. – P. 116-136.
10. Shitkina I. S. Corporate law: Textbook. – M.: “Statut”, 2019.
11. Civil Code of the Russian Federation (part one): Federal Law of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. – 1994. – No. 32. – Art. 3301.
12. On joint-stock companies: Federal Law of December 26, 1995 No. 208-FZ // Collected Legislation of the Russian Federation. – 1996. – No. 1. – Art. 1.
13. On limited liability companies: Federal Law of December 08, 1998 No. 14-FZ // Collected Legislation of the Russian Federation. – 1998. – No. 7. – Art. 785.
14. Decree of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 No. 25 “On the application by the courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”. Access from SPS “ConsultantPlus” (date of access: 05.03.2023).
15. Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 No. 62 “On Certain Issues of Compensation for Losses by Persons Members of the Bodies of a Legal Entity”. – [Electronic resource]. – Access mode: Access from the ATP “ConsultantPlus” (date of access: 05.03.2023).
16. Decision of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 6, 2012 in case No. А56-1486/2010. – [Electronic resource]. – Access mode: Access from the ATP “ConsultantPlus” (date of access: 05.03.2023).
17. Decision of the Fourth AAC dated March 28, 2014 in case No. А58-6045/2012. – [Electronic resource]. – Access mode: Access from the ATP “ConsultantPlus” (date of access: 05.03.2023).
CIVIL LAW
STARTSEV Dmitriy Dmitrievich
competitor of the degree of Ph.D. in Law, specialty 12.00.00 Jurisprudence of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia, Director (Legal Department) VTB Capital JSC
THESIS ON REVIEWABLE TRANSACTIONS ENTERED INTO BY THE DEBTOR BEFORE THE INSOLVENCY. FOREIGN EXPERIENCE
The institution of the avoidance of transactions concluded by the debtor before bankruptcy is relevant, as it allows protecting the interests of creditors who may suffer from deliberate or imprudent actions of the debtor. Challenging such transactions allows creditors who have not received their debts from the debtor to recover funds from the property received by the debtor from transactions that were concluded illegally.
In addition, transactions concluded by an unscrupulous debtor may affect the equality of creditors in the bankruptcy process, which may lead to an unfair distribution of the debtor’s property between creditors. Therefore, the institution of contesting transactions is a necessary mechanism that allows creating market conditions for creditors to compete and protect their rights in the bankruptcy process.
This article examines the experience of foreign countries in regulating these transactions.
Keywords: reviewable transactions, harmful transaction, insolvency, insolvency law, bankruptcy.
Reference list
1. Aktiengesetz [AktG] [Stock Corporation Act], Sept. 6, 1965, BGBL I (Ger.). – [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/aktg/BJNR010890965.html [https://perma.cc/YLT7-6NKK] (Accessed 14.03.2023).
2. Alan Schwartz, A Contract Theory Approach to Bankruptcy, 107 Yale L.J. – 1807 (1998).
3. B. Espen Eckbo & Karin S. Thorburn, Control Benefits and CEO Discipline in Automatic Bankruptcy Auctions, 69 J. FIN. ECON. – 227, 228 (2003).
4. Credit Lyonnais Bank Nederland v. Pathe Communications Corp. – No. 12150. – 1991 WL 277613 (Del. Ch. 30 Dec. 1991).
5. Douglas G. Baird & Robert K. Rasmussen, Control Rights, Priority Rights, and the Conceptual Foundations of Corporate Reorganizations, 87 VA. L. REV. (2001).
6. George G. Triantis, The Interplay Between Liquidation and Reorganization in Bankruptcy: The Role of Screens, Gatekeepers, and Guillotines, 16 INT’L. REV. L. & ECON. (1996).
7. Gesetz betreffend die Gesellschaften mit beschrankter Haftung [[Gmbh] [Act on Limited Liability Companies], Apr. 20, 1892, RGBL I at 477, as amended, § 64(1) (Here.) – [Electronic resource]. – Mode of access: https://www.gesetze-im-internet.de/englisch_gmbhg/index.html [https://perma.cc/2WWHV36C] (accessed 17.03.2023).
8. Horst Eidenmüller, Trading in Times of Crisis: Formal Insolvency Proceedings, Workouts and the Incentives for Shareholders/Managers, 7 EUR. bus. ORG. L. REV. – 239, 243 (2006).
9. Insolvency Act 1986. – p. 45, § 214 (Gr. Brit.).
10. John Armor et al., Transactions with Creditors, in Reinier Kraakman et al., the anatomy of corporate law: a comparative and functional approach (3d ed. 2009).
11. John Armour, Transactions at an Undervalue, in Vulnerable transactions in corporate insolvency 2003.
12. Jose M. Garrido (Senior Counsel, World Bank Group [WBG]), Out-of-Court Debt Restructuring, WBG Rep. no. 66232 (Jan. 12, 2012). – [Electronic resource]. – Mode of access: http://documents.worldbank.org/curated/en/417551468159322109/pdf/662320PUB0EPI00turing09780821389836.pdf [https://perma.cc/GF8R-TQJE].
13. Michael C. Jensen & William H. Meckling, Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure, 3 J. Fin. Eco. (1976).
14. Richard A. Brealey et al., Principles of corporate finance. – 447-460 (10th ed. 2011).
15. Rizwaan J. Mokal, An Agency Cost Analysis of the Wrongful Trading Provisions: Redistribution, Perverse Incentives and the Creditors’ Bargain, 59 Cambridge L. J. (2000).
16. Rizwaan J. M. Corporate Insolvency: Theory and application (2005).
17. Robert K. Rasmussen, Debtor’s Choice: A Menu Approach to Corporate Bankruptcy, 71 Tex. L. Rev. (1992).
18. Robert K. Rasmussen, Secured Credit, Control Rights and Options, 25 Cardozo L. Rev. (2004).
19. Spanish Insolvency Act (B.O.E. 2003, 13813).
20. Thomas H. Jackson, Bankruptcy, Non-Bankruptcy Entitlements, and the Creditors’ Bargain, 91 Yale L.J. (1982).
21. Thomas H. Jackson, The logic and limits of bankruptcy law, (1986).
22 U.N. Commentaries un international trade law, legislative guide on insolvency law, U.N. Sales no. E.05.V.10 (2005).
23 Zohar Goshen & Assaf Hamdani, Corporate Control and Idiosyncratic Vision, 125 Yale L. J. 560 (2016). – [Electronic resource]. – Access mode: https://scholarship.law.columbia.edu/faculty_scholarship/253 (accessed 03/20/2023).
CIVIL LAW
KHOKHLOVA Mariya Ivanovna
magister student of the Far Eastern Federal University
PROBLEMS OF THE PRACTICE OF “RESTORING CORPORATE CONTROL” AS A WAY TO PROTECT CORPORATE RIGHTS
The article discusses the main issues that arise when using the “restoration of corporate control” as a way to protect the rights of participants in business companies. Particular attention is paid in the article to the issue of determining the integrity of the acquirer of the share when applying clause 3 of Article 65.2 of the Civil Code of the Russian Federation, as well as determining the amount of fair compensation. The author concludes that it is necessary to amend Clause 3 of Article 65.2 of the Civil Code of the Russian Federation, in terms of transferring the obligation to pay fair compensation to the final acquirer of the share to the person responsible for the loss of the participation share. In addition, it is proposed to issue a resolution of the Plenum of the Supreme Court of the Russian Federation, in order to determine the general approach of courts to the definition of evaluation categories in the concept of “fair compensation”.
Keywords: restoration of corporate control, corporate conflict, fair compensation.
Reference list
1. Leontiev N. V. Problems of application of Article 65.2 of the Civil Code of Russia in the context of the restoration of corporate control // Laws of Russia: experience, analysis, practice. – 2019. – No. 1. [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
2. Astakhov P. A. Counteraction to raider seizures. – M., 2007. – S. 7.
CIVIL LAW
FEDORENKO Anastasia Sergeevna
magister student of the program “Commercial Law and Legal Fundamentals” of the Law Faculty of the M. V. Lomonosov Moscow State University.
THE CONCEPT OF GOODS AS AN OBJECT OF COMMERCIAL LAW
The article notes that understanding the concept of a “goods” as an object of commercial law is impossible without analyzing the essence of the concept of trade. Trade is a functional system of trading activities aimed at promoting goods from producers to consumers. The authors analyze the concept of goods in the broad and narrow senses, scrutinizes its features, including considering it in the context of commercial turnover. Particular attention is paid to the accounting aspect of the concept of goods. The article will be useful for everyone who is interested in the legal regulation of commercial activities.
Keywords: goods, trade, signs of goods, accounting.
Reference list
1. Adamovich V. I. Lecture notes on commercial law. – St. Petersburg, 1899.
2. Belov V. A. Alienation and acquisition under the Russian Civil Code (conceptual and terminological side of the issue) // Legislation. – 2006. – № 7.
3. Belov V. A. Trade (commercial) law: actual problems of theory and practice. – M.: Ed. Yurayt, 2019.
4. Belov. V. A. Alienation and acquisition under the Russian Civil Code (conceptual and terminological side of the issue) // Legislation. – 2006. – № 7.
5. Bryzgalin A. V. Corporate relations, contracts and other: from the practice of civil law consulting // Taxes and financial law. – 2018.
6. Galperin S. I. Textbook of Russian commercial and bill of exchange law. Issue. 1, 1907.
7. Golyshev VG Commercial law: Lecture notes. – M.: MIEMP, 2005.
8. Civil law: textbook: in 3 volumes. T. 2. Ed. A. P. Sergeeva. – RG-Press, 2010.
9. Egorova M. A. Commercial law: Textbook for universities. – M.: Statute, 2013.
10. Egorova M. A. Termination of obligations: the experience of a systematic study of the legal institution: Monograph. 2013.
11. Zakupen T. V. Commercial law: a short training course. – M.: NORMA-INFRA-M, 2002.
12. Maslova VA The concept of food products and its legal significance for contracts between retail chains and suppliers. SPS “Consultant Plus”. 2017.
13. Nersesov N. I. Concise course of lectures on trade and bill of exchange law (posthumous edition, corrected and supplemented by A. G. Gusakov).
14. Popondopulo VF Commercial (business) law. – M.: Norma, 2008.
15. Puginsky B. I. Commercial law in Russia. – M.: Yurayt-Izdat, 2003.
16. Tsitovich P. P. Essay on the basic concepts of commercial law. – Kyiv: Printing house of I. N. Kushnerev and Co., 1886.
17. Shershenevich, G. F. The course of commercial law in 4 volumes. T. 2. – M .: Izd. Yurayt, 2020.
18. Enneccerus L., T. Kipp, M. Wolf. German civil law course. T. 1. Publishing house of foreign literature. – M., 1950.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, Leningrad regional lawyer association, Law firm «Pelevin and partners»
TO THE QUESTION OF THE ATTRIBUTION OF MEDICAL DOCUMENTATION TO MEDICAL SERVICE IN THE LAW ENFORCEMENT PRACTICE OF COURTS
The article deals with the general issues of attribution of medical documentation to medical services in the law enforcement practice of courts of general jurisdiction in the context of the general growth of “medical” cases in judicial practice. The hypothesis and legal approach are substantiated that in order to increase efficiency for this category of cases, a more precise institutionalization of the concept of “medical documentation” is necessary, as well as the elaboration of issues of expanding the concept of “medical service” in the context of considering it not only as a medical intervention or a set of interventions, but also as appropriate documentary and medical support.
Keywords: medical documentation, medical service, law enforcement practice, courts of general jurisdiction, medical court cases, procedural features of medical documentation.
Reference list
1. Barbashin M. Yu. Social properties of institutions // Sotsis. – 2018. – No. 2. – P. 25-34.
2. Bekisheva E. V. Forms of linguistic representation of epistemological categories in clinical terminology. Abstract dis. doc. philol. Sciences. – M., 2007.
3. Zhura VV Discursive competence of a doctor in oral medical communication. Abstract dis. doc. philol. Sciences. – Volgograd, 2008.
4. Seregina I. F., Kolokolov A. V., Son I. M., Rugol L. V. On the legal significance of the quality of medical documentation in medical organizations // Bulletin of Roszdravnadzor. – 2019. – № 5.
5. Sergeev Yu. D., Bisyuk Yu. V., Goleva I. V. Medico-legal significance of medical documentation // Medical Law. – 2020. – No. 2. – P. 3-12.
6. Tarasov K. E., Velikov V. K., Frolova A. I. Logic and semiotics of diagnosis. – M.: Medicine, 1989.
7. Tolpegin P. V. Out-of-court defense in the framework of the trial: on the right of the party to the case to get acquainted with the medical documentation requested by the court // Legal Studies. – 2013. – No. 11. – P. 112-125.
CIVIL PROCESS
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of civil and arbitration process sub-faculty of the SamaraState University of Economics
CHERTYKOVTSEV Yuriy Vladimirovich
student of the Samara State University of Economics
VOROBIEVA Albina Andreevna
student of the Samara State University of Economics
GRAZHDANKINA Olga Nikolaevna
student of the Samara State University of Economics
MODERN PROBLEMS OF FORENSIC ACTIVITIES IN THE ASSESSMENT OF OBJECTS OF INTELLECTUAL RIGHTS.
In this article, the authors conduct a theoretical legal analysis of the current situation regarding the protection of intellectual property objects in court proceedings, as well as the complexity of assessing the losses of the right holder in the sale of counterfeit products. The authors propose their own ways of solving the existing problems, the relevance of which is due to the growth of consumer power of the population of the Russian Federation and the development of Internet marketplaces.
Keywords: forensic expert activity, intellectual property, object of intellectual rights, protection of intellectual property objects, actual financial damage.
Reference list
1. Pfeifer E. G. Problems of forensic examinations of the results of intellectual activity // Izvestiya TulGU. Economic and legal sciences. – 2013. – No. 4-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-sudebnyh-ekspertiz-rezultatov-intellektualnoy-deyatelnosti.
2. Gubaidulina E. Kh., Popov A. A. Problems of improving the efficiency of justice and ways to solve them within the framework of the judiciary // Modern trends in the development of science and the world community in the era of digitalization Collection of materials of the VII International scientific and practical conference. Editorial board: Babaeva Z.Sh. [and etc.]. – M., 2022.
3. Savenko AS Subject, objects and tasks of forensic examination of objects of intellectual property // Problems of Economics and Legal Practice. – 2020. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/predmet-obekty-i-zadachi-sudebnoy-ekspertizy-obektov-intellektualnoy-sobstvennosti.
4. Zhizhina M. V. On the activities of the court in assessing expert opinions // Theory and practice of forensic examination in modern conditions: Proceedings of the 4th International Scientific and Practical Conference, Moscow, January 30-31, 2013. – Moscow: Limited Liability Company “Prospect”, 2013. – P. 112-115.
5. Kazankova T. N., Kuznetsova E. A. Problems of modern evidence law in civil and arbitration proceedings // Actual problems of jurisprudence. – No. 1 (73). – 2022. – P. 44-49.
CIVIL PROCESS
MINASYAN Gohar Mikaelovna
Ph.D. in Law, associate professor in the Department of Legal Regulation of Economic Activity of the Financial University under the Government of the Russian Federation
SOME PROBLEMS OF INHERITANCE OF ESCHEATED MOVABLE PROPERTY AND DEBT COLLECTION FROM THE TERRITORIAL BODIES OF THE FEDERAL PROPERTY MANAGEMENT AGENCY
The significance of this work lies in the study of the issues of inheritance of escheated property by the territorial bodies of the Federal Property Management Agency, taking into account the established judicial practice. The article deals with the problems arising from the inheritance of escheated property, the problems of collecting debts at the expense of escheated property, and the incorrect application by the courts of the norms of the current legislation. The article contains recommendations of a practical nature and of great importance for the consideration of cases on the collection of debts at the expense of escheated property.
Keywords: inheritance, escheated property, debt collection, movable property, certificate of the right to inherit, acceptance of an inheritance.
Reference list
1. Inheritance law: article-by-article commentary on articles 1110-1185, 1224 of the Civil Code of the Russian Federation / R. S. Bevzenko, S. L. Budylin, E. V. Kozhevina and others; resp. ed. E. Yu. Petrov. M.: M-Logos, 2018.
2. Regulations on the Federal Agency for State Property Management, approved by Decree of the Government of the Russian Federation of 05.06.2008 No. 432.
3. Ruling of the Arbitration Court of the West Siberian District dated June 29, 2021 No. F04-3675/2021 in case No. A03-4149/2020.
4. Guidelines for registration of inheritance rights (approved by the decision of the Board of the FNP dated March 25, 2019, protocol No. 03/19).
CIVIL PROCESS
TRETYAKOVA Tatyana Olegovna
Ph.D. in sociological sciences, lecturer, associate professor of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA ofthe Ministry of Justice of Russia
NOVELTIES IN THE REGULATION OF WRIT AND CORRESPONDENCE PROCEEDINGS IN CIVIL PROCEEDINGS
The article discusses amendments and additions concerning writ and correspondence proceedings introduced by the legislator in the process of reforming civil proceedings and established by Federal Law No. 451-FZ of November 23, 2018. The author notes that these novels are aimed at the development of simplification and acceleration of the civil process in conditions of an extreme burden on judges and the need for procedural time saving.
Keywords: writ proceedings, correspondence proceedings, court order, correspondence decision, right to defense.
A decent bibliographic list
1. Zagainova S. K. Judicial acts in civil and arbitration proceedings: theoretical and applied problems. Abstract of the dissertation for the degree of Doctor of Law. – Yekaterinburg, 2008. – P. 15.
2. Lapaev I. S., Zobnina A. A. Institute of absentee proceedings in civil proceedings // Nauka. Society. State. – 2016. – V. 4. – No. 2 (14). – P. 95-102.
3. Shadlovskaya O. D. Order proceedings as a simplified form of civil proceedings. Abstract dis. … cand. legal Sciences. – M., 2015. – S. 10-11.
CIVIL PROCESS
ZASOVENKO Grigoriy Viktorovich
magister student of the 2nd course of the MGIMO (U) of the MFA of Russia
THIRD PARTIES INVOLVEMENT IN ARBITRATION (ARBITRATION PROCEEDINGS)
The article discusses the general characteristics of involving in arbitration proceedings persons who have not signed arbitration agreements through the prism of presence or absence of consent to such involvement and the basic doctrinal approaches to arbitration involvement.
Keywords: third parties, non-signatories to the arbitration agreement, arbitration, arbitration proceedings, doctrines of third parties involvement, voluntary involvement, compulsory involvement.
Reference list
1. Gary B. Born. International Arbitration: Law and Practice / Per. from English. ed. N. A. Babajanyan. – Moscow: Russian Institute of Modern Arbitration, 2020.
2. Naletov K. I. Persons who did not sign the arbitration clause as participants in the arbitration // Journal of Foreign Legislation and Comparative Law. – 2021. – Vol. 17. – No. 4.
3. Rodler Irmgard Anna. When are non-signatories bound by the arbitration agreement in international commercial arbitration? // University of Chile and University of Heidelberg Master in International Law (LL.M.) – Investment, Trade and Arbitration, 2012.
4. Onyema Emilia. International Commercial Arbitration and the Arbitrator’s Contract // Taylor & Francis e-Library, 2010.
HOUSING LAW
SHAMAEV Rovshan Yakubovich
magister student of the 2nd course of the program “Corporate Lawyer” of the Russian State University of Justice, lawyer of the 1st TA of the Association “RSOPAU”
AGREEMENTS OF PARTICIPATION IN SHARED CONSTRUCTION: PROBLEMS AND FEATURES
In 2023, shared construction does not lose its relevance. According to Moskomstroyinvest, in Moscow during 2022, developers have prepared for sale more than 9.5 million square meters of real estate, including 103,470 apartments and 80,120 non-residential premises. It is still profitable for citizens to invest in shared construction. But at the same time, the number of defrauded shareholders in Russia is growing and amounts to more than 100 thousand people. This article is dedicated to the features and problems of agreements of participation in shared construction.
Keywords: shared construction, escrow accounts, bankruptcy of the developer.
Reference list
1. Karelina S. A., Frolov I. V. Bankruptcy of the developer: theory and practice of law enforcement (monograph). – M.: “Yusticinform”, 2018. – 240 p.
2. Petrukhin M. V. Agreement for participation in shared construction of real estate objects: problems of legal regulation. – M.: “Infotropic Media”, 2012.
3. Sklovsky K. Equity agreement and the emergence of ownership of the object of shared construction // Economy and law. – 2008. – № 7. – S. 42.
4. In 2022, developers offered more than 9.5 million square meters of real estate for buyers to choose from. // Official portal of the Mayor and the Government of Moscow. [Electronic resource]. – Access mode: https://www.mos.ru/news/item/116371073/ (date of access: 11/25/2022).
EMPLOYMENT 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 IMPROVING THE PERSONNEL POTENTIAL OF THE PENITENTIARY SYSTEM
Service in the penitentiary system is aimed at the realization of public interests and the law gives employees of the penitentiary department a special legal status, due to the performance of constitutionally significant functions in the field of law and order and public security, which in turn entails special requirements for the recruitment of this category of citizens, including the level of their education, vocational training and some other indicators. This article formulates a number of proposals for improving the selection of candidates accepted for service in the penitentiary system and sent to study at departmental higher educational organizations of the Federal Penitentiary Service of Russia.
Keywords: selection of candidates for service, training, penitentiary system, proposals for improvement.
Reference list
1. Baranovsky N. N., Demin V. M.Proposals for improving the selection of candidates accepted for service in the penal system and sent to study at higher and secondary specialized educational institutions of the Ministry of Justice of the Russian Federation. Offers. – M.: FBU NII FSIN of Russia, 2002. – 5 p.
2. Zautorova E. V. Professional and pedagogical competence of employees of the penitentiary system and the correction of convicts // Penitentiary system: law, economics, management. – 2020. – No. 3. – S. 34-37.
EMPLOYMENT LAW
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
LABOR MIGRATION: THE ESSENCE OF SOCIO-ECONOMIC PHENOMENON, POPULARIZATION, REGULATION PROBLEMS
The article provides historical and legal periods of the birth and development of labor migration in the Russian state, the emergence of this socio-economic phenomenon, an analysis of current problems of legal regulation, solutions and possible vectors for improving legislation in this area.
Keywords: labor migration, rights of a foreign worker, employment, adaptation centers, integration.
Reference list
1. Tass.ru: article “Russia in terms of the number of migrants ranks second in Europe after Germany” dated 11/28/2019. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/7211493 (date of access: 03/29/2023).
2. Tass.ru: article “A record number of labor migrants entered the Russian Federation in the second quarter of 2022” dated 08.08.2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15417683 (date of access: 03/29/2023).
3. Labor Code of the Russian Federation No. 197-FZ dated December 30, 2001 (as amended on December 19, 2022) (as amended and supplemented, effective from March 1, 2023).
4. Tass.ru: article “Putin supported the idea of creating adaptation centers for migrants in Russia” dated 29.08.2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15587135?utm_source=google.com&utm_medium=organic&utm_campaign=google.com&utm_referrer=google.com (date of access: 04/11/2023).
5. Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” dated July 25, 2002 No. 115-FZ.
6. Magazine “Labor disputes” // How to hire a foreign worker and not get a fine. – 2017.
7. Grishina A. E. Actual problems of modern international relations // Migration dimension of American-Mexican relations. – 2016. – S. 26-27.
8. Tsyganova L. A. Foreign specialists in the Russian state: The historical experience of attracting. – [Electronic resource]. – Access mode: https://publications.hse.ru/pubs/share/folder/7hylql9008/94601985.pdf (date of access: 03/27/2023).
9. Zhiltsova Yu. V. Problems and issues of civil law // The use of labor of foreign workers. – 2008. – P. 72-74.
10. Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Economics and Management. – Volume 1 (67). – 2015. – No. 3. – P. 123-135.
11. Center for Legal Protection and Social and Cultural Adaptation of Migrants ROSMIGRANT. – [Electronic resource]. – Access mode: https://rosmigrant.ru/ (date of access: 04/11/2023).
12. Tass.ru: article “A record number of labor migrants entered the Russian Federation in the second quarter of 2022” dated 08.08.2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15417683 (date of access: 03/31/2023).
13. Kuznetsov G. A. Law in the life of the state and the individual // Influence of the procedure for attracting foreign citizens to labor activity on the content and dynamics of labor relations arising between a Russian employer and a foreign citizen. – 2016. – S. 98-108.
EMPLOYMENT LAW
KHANUKAEVA Tofa Eldarovna
Ph.D. in Law, lecturer of Labor and social security law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
MEDIATION IN LABOR RIGHTS DISPUTES IN RUSSIA: FURTHER DEVELOPMENT IN A COMPARATIVE CONTEXT
The article analyzes the features of the application of the mediation procedure in resolving labor rights disputes in Russian Federation. Based on the comparative legal method, an analysis is made of the legislation and experience of such foreign countries as the USA, Canada, Germany, France, Belgium, the Netherlands, etc., and the prospects for the development of legislation on mediation in Russia .
Among other things, the article highlights the advantages of mediation as one of the alternative dispute resolution methods of labor rights disputes.
In conclusion, the currently existing significant factors that are the reasons for the unpopularity and extremely rare use of mediation in labor rights disputes analyzed in detail, and a conclusion is made about the possibility of eliminating existing obstacles.
Keywords: labor disputes; settlement of labor disputes; labor dispute about rights; International Labor Organization; labor law; mediation; protection of labor rights; consideration and settlement; foreign labor laws; comparative analysis.
Reference list
1. Golovina S. Yu. Problems of the use of mediation in resolving labor disputes. // Russian legal journal. – 2013. – № 6.
2. Zagainova S. K. Report. The main problems of the development of the practice of mediation in legal activity and ways to solve them.
3. Kalashnikova S. I. Mediation in the sphere of civil jurisdiction. – M., 2011.
4. Lisitsyn VV Conciliatory mediation – an effective legal technology or a mistake of the national legislator? // Russian judge. – 2023. – № 1.
5. Petrova N. V., Enyutina G. E. The use of mediation in labor disputes: successes and opportunities “Main theses (based on the speech at the conference of the Foundation for Civil Initiatives” Problems and Prospects for the Development of the Institute of Mediation in Russia”, January 29, 2016, Moscow).
6. Khanukaeva T. E. Labor disputes about the law: a comparative analysis of the legal norms of the Russian Federation and foreign countries: dis. … cand. legal Sciences. – M., 2017.
7. Alexandrowicz J-P. A comparative analysis of the laws regulating employment agreements in the United States and Canada. 23 Comp. Lab. L. & Pol’y J. 1007, 1029. 2002.
8. Hans-Juergen Zahorka, Mediation in Labor Relations: What Can Be Learned from the North American and EU Example, Labor Legislation and Arbitration Project.
FAMILY LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
AN EMPLOYMENT CONTRACT AND THE SPECIFICS OF ITS CONDITIONS IN THE 21ST CENTURY
The article discusses the problems related to the issues of alimony maintenance of minors serving a criminal sentence in the form of imprisonment. The problems of opening enforcement proceedings and replacing the person receiving financial support in relation to minors, as well as monitoring such transfers, are currently being solved reluctantly. On the one hand, the problem of bailiffs is to find the debtor and monitor alimony payments by establishing them on a permanent basis. On the other hand, the issue of changing the place of residence of a minor and replacing the responsible person, who should be responsible not only for correcting the court verdict, but also for respecting the rights of a teenager. The solution of this issue is not given due attention by these institutions, despite the existing legislative framework.
The authors consider the possibilities of observing the rights of minors serving criminal sentences in correctional institutions and indicate the responsibilities of specialized institutions and officials to solve the problems posed.
Keywords: family legislation, alimony legal relations, enforcement proceedings, juvenile convicts.
Reference list:
1. Statistics of marriages and divorces in Russia: by years. [Electronic resource]. – Access mode: https://gogov.ru/articles/natural-increase/marriage-divorce (date of access: 04/15/2023).
2. Alimony debt in Russia 2022, statistics, how many male non-payers, what kind of debt. [Electronic resource]. – Access mode: https://pro-alimenty.info/dolg-po-alimentam-v-rossii-2022-statistika (date of access: 04/15/2023).
3. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.api-press.rf/stats/ug/t/14/s/17 (date of access: 15.04.2023).
4. Ananyeva E. O., Shmaeva T. A. Alimentary legal relations: norms of legislation and reality // Eurasian legal journal. – 2021. – No. 9 (160). – S. 222-223.
FAMILY LAW
SHAMRAEVA Irina Leonidovna
Ph.D. in Law, associate professor of the Belgorod University of Cooperation, Economics and Law
REALIZATION OF THE RIGHT OF CHILDREN LEFT WITHOUT PARENTAL CARE TO LIVE AND BE BROUGHT UP IN A FAMILY ONTHE EXAMPLE OF THE SARATOV REGION
The article is devoted to the problems of the realization of the social rights of children, including the rights of orphans and children left without parental care. In Russia, childhood issues are a priority in state policy. The child rights protection system is a powerful shield that allows to preserve children’s lives and health, to provide children with the opportunity to be brought up in a family, to receive education and medical services, to help in professional self–realization and self-determination of the individual, to instill national, historical and cultural traditions and family values, to protect the child from violence in any of its manifestations. State structures, law enforcement agencies, public associations, and human resources are involved in this system of saving children. The article discusses the problems and provides solutions.
Keywords: children, Commissioner for Children’s Rights, deprivation of parental rights, guardianship, guardianship, restriction of rights.
Reference list
1. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ (as amended on December 19, 2022) // Collection of Legislation of the Russian Federation, 01.01.1996, No. 1, art. 16.
2. Gaziev T. N., Orlova A. V. Realization and protection of the personal non-property right of a child to live and be brought up in a family // Issues of Russian and international law. – 2021. – T. 11. – No. 9A. – P. 56-63.
3. Frikke Ya. A., Slipchenko O. I. Peculiarities of parent-child relations in families where children of primary school age are brought up // Trends in the development of science and education. – 2021. – No. 74-8. – P. 50-52.
4. Shvets A. V., Chubukina A. E. The right of a child to live and be brought up in a family // Legal World. – 2022. – No. 8. – P. 40-43.
5. Territorial body of the Federal State Statistics Service for the Saratov region. [Electronic resource]. – Access mode: https://srtv.gks.ru/folder/165597 // Date of access: 03/20/2023
FINANCIAL LAW
BRATUKHIN Sergey Anatoljevich
magister student of the 2nd year of study of the Financial University under the Government of the Russian Federation
ACTUAL PROBLEMS OF LEGAL REGULATION OF BANKING ACTIVITIES IN THE CONTEXT OF NEW DIGITAL REALITIES
Today, financial technologies are rapidly developing and changing our understanding of banking. Such progressive development undoubtedly has advantages, but, as we can, the development of digital innovations in banking is accompanied by a lack of proper legal regulation of technological processes. Undoubtedly, the effective introduction of innovations in banking requires a developed legal regulation of this process, which makes it relevant to study the legal regulation of banking activities in the new digital realities.
Keywords: legal regulation, finance, banking system, financial system, innovations, digitalization.
Reference list
1. ISO (2022). The path to a new strategy. – [Electronic resource]. – Access mode: https://www.iso.org/annual-reports.html.
2. Organization for Security and Cooperation in Europe (OECD). (2019, June). OECD AI Principles. – [Electronic resource]. – Mode of access: https://www.oecd.org/going-digital/ai/principles.
3. Botasheva L. E., Pervyshev E. A. Financial and legal regulation of banking: current trends in the context of digitalization // Problems of Economics and Legal Practice. – 2018. – № 4. – С 130-131.
4. Terekhova V. V. Legal regulation of banking and digitalization: problems and development prospects // Modern science: actual problems of theory and practice. Series: Economics and Law. -2021. – No. 05. – P. 176-179.
FINANCIAL LAW
UGLANOVA Elizaveta Sergeevna
student of the 4th course of the Financial University under the Government of the Russian Federation
FEATURES OF CARRYING OUT CONTROL MEASURES BY TAX AUTHORITIES BASED ON THE ANALYSIS OF THE SOUTHERN AND NORTH CAUCASIAN FEDERAL DISTRICTS: TOPICAL ISSUES OF JUDICIAL AND ADMINISTRATIVE PRACTICE
This scientific work is devoted to the analysis of the features of the main areas of judicial and administrative practice of control measures in the Southern Federal District, on the example of the Rostov region and the Kabardino-Balkarian Republic. Research methods: deduction, induction, synthesis. The conclusions reflect the main conclusions on the analysis of tax evasion schemes, as well as the statistics of litigation in the Southern and North Caucasian Federal Districts.
Keywords: going to court, income tax, VAT, tax control measures.
Reference list
1. Peresedov A.M. Signs of illegal business splitting and its significant differences from legal cost optimization. – [Electronic resource]. – Access mode: https://urfac.ru/?p=1774.
2. Drozdova E. A., Volkova O. V. Value Added Tax: Problems of Prevention of Illegal Compensation // Problems of Economics and Legal Practice. – 2018. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalog-na-dobavlennuyu.
3. Kravchenko N. A. On some aspects of value added tax evasion // Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-aspektah-ukloneniya-ot-uplaty-naloga-na-dobavlennuyu-stoimost (date of access: 12/18/2022).
4. Sosnovsky S. A. Practical and theoretical problems of the pre-trial procedure for appealing // Petersburg lawyer. – 2016. – No. 2. – P. 65-73.
5. Zhuravleva I. A. Economic benefits of pre-trial settlement of tax disputes in Russia // Management of economic systems: electronic scientific journal. – 2014. – № 71.
6. Zhuravleva I. A. Alternative mechanisms for pre-trial settlement of tax disputes in Russia // Questions of the theory and practice of taxation: Collection of scientific articles / Ed. ed. Doctor of Economics, prof. Goncharenko L. I. – M .: Publishing and trading company Dashov and K”, 2016. – P. 53-62.
TAX LAW
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
PLATONOVA Alexandra Dmitrievna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
CHISTYAKOVA Natalya Yurjevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
NEPOYRANOVA Mariya Vasiljevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ADVANTAGES AND RISKS OF INTRODUCING A SINGLE TAX PAYMENT
The article is devoted to the study of the peculiarities of the institute of a single tax payment’s introduction in Russian Federation. The author identifies the prerequisites for the introduction of this institution, analyzes the features of its functioning and concludes about the advantages and risks of a single tax payment basing on the results obtained. In conclusion, the author notes the imperfection of the implemented tax payment system, and outlines that the system needs to make many adjustments in the nearest future
Keywords: tax system, tax calculations, single tax account, single tax payment, risks.
Reference list
1. Vershinina N. A. A new way of paying taxes. Single tax account of the taxpayer // Scientific almanac. – 2022. – No. 11-2 (97). – P. 84-86.
2. Saprykina T. V., Shchitova D. A., Fokina Yu. Yu. Introduction of a single tax payment (single tax account) into Russian practice) // Diary of Science. – 2022. – No. 12 (72). [Electronic resource]. – Access mode: http://dnevniknauki.ru/images/publications/2022/12/economy/Saprykina_Shchitova_Fokina.pdf (date of access: 03/22/2023).
3. Shcherbakova N. V. The concept of a single tax account in the digital transformation of taxation // Original research. – 2022. – No. 12. – P. 91-95.
4. Yagodina N. V. A single tax payment and a single tax account: relevant in 2023 // Actual issues of modern economics. – 2022. – No. 12. – S. 51-57.
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
SHISHKIN Nikolay Vladimirovich
postgraduate student of the Institute of Law of the Samara State Economic University
RESPONSIBILITY OF THE GOVERNING BODIES OF A LEGAL ENTITY IN THE EVENT OF DAMAGE TO IT
Governing bodies play an important role in the activity of the legal entity, because through them legal entities acquire rights and fulfill obligations. The functions of the governing bodies include making decisions and taking actions that are associated with the emergence, change and termination of legal relations, which enter into the legal entities themselves. And law enforcement practice knows many cases when legal entities suffered losses due to unfair, or even completely illegal actions of government bodies. Therefore, the issues of legal regulation of the procedure for holding the management bodies of a legal entity liable for the losses caused by them is very relevant. But at the same time, it is impossible not to pay attention to the rights of the governing bodies themselves, as well as the participants, creditors of the legal entity. In this connection, it is very important to seek consensus in the interests of these persons in cases of damage to legal entities.
Keywords: governing bodies, legal entity, responsibility, infliction of losses.
Reference list
1. Abakumova E. B. Principles of good faith and reasonableness in corporate relations // Bulletin of arbitration practice. – 2020. – No. 4. – P. 32-38.
2. Vodolagin S. V. Legal responsibility of the heads of organizations: Russian perspectives taking into account foreign experience. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yuridicheskaya-otvetstvennost-rukovoditeley-organizatsiy-rossiyskie-perspektivy-s-uchetom-zarubezhnogo-opyta.
3. Smirnova IA Responsibility of management bodies of economic societies. Entrepreneurial legal aspects. – [Electronic resource]. – Access mode: https://www.dissercat.com/content/otvetstvennost-organov-upravleniya-khozyaistvennykh-obshchestv-predprinimatelsko-pravovye-as.
BUSINESS LAW
MOSKOVSKIY Ivan Sergeevich
magister student of the REC “Legal Studies” of the Institute of Law of the Peoples’ Friendship University of Russia
PROBLEMS OF LEGAL REGULATION AND APPLICATION OF THE “BUSINESS FRAGMENTATION” TAX SCHEME
The article discusses the goals of business fragmentation, as well as judicial practice in which entrepreneurs proved the unreasonableness of imposing liability measures for business separation. Signs have been formed on the basis of which the tax authorities prove the fact of artificial fragmentation of business. The author suggests actions that will help to avoid negative consequences on the part of the tax service when dividing a business as a measure of tax optimization.
Keywords: business fragmentation, tax optimization, signs of illegal business fragmentation, tax benefit, tax planning
Reference list
1. Volkov A. V., Blinkov O. E. Business fragmentation: legal problems // Bulletin of the Perm University. Legal Sciences. 2019. No. 44. S. 265-281. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/droblenie-biznesa-pravovye-problemy. (date of access: 15.04.2023)
2. Ryakhovsky D. I., Popova O. S. Business fragmentation: formation of criteria, building a line of defense on the part of taxpayers // Property relations in the Russian Federation. – 2022. – No. 7 – P. 67-79.
References
1. Volkov A. V., Blinkov O. E. Business fragmentation: legal problems // Bulletin of Perm University. legal sciences. 2019. No.44. pp. 265-281. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/droblenie-biznesa-pravovye-problemy. (accessed: 04/15/2023)
2. Ryakhovsky D. I., Popova O. S. Business fragmentation: formation of criteria, building a line of protection on the part of taxpayers // Property relations in the Russian Federation. – 2022. – No. 7 – Pp.67-79
ENVIRONMENTAL LAW
RYBINSKAYA Elena Timofeevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
STERKHOV Petr Anatoljevich
Ph.D. in Law, associate professor, associate professor of Civil and business law sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
GAVRILOV Andrey Dmitrievich
bachelor of the Institute of Law of the Baikal State University, Irkutsk
MODERNIZATION OF OIL REFINERIES AIMED AT REDUCING THE VOLUME OF EMISSIONS OF HYDROGEN AND SULFUR DIOXIDE AS A NEGATIVE FACTOR OF IMPACT ON THE ENVIRONMENT
One of the global problems of mankind at present is the problem of atmospheric pollution. In the conditions of the existing realities, an immediate modernization of production is required, aimed at eliminating or reducing such a negative impact. The construction of a sulfur production plant at oil refineries meets the latest requirements in the field of environmental protection and contributes to a significant reduction in emissions of hydrogen sulfide and sulfur dioxide.
Keywords: environmental safety, modernization of production, technologies of a new generation.
Reference bibliographic listk
1. Kuznetsova N. I. Urda M. N. Ecological migration: criminological aspect // All-Russian criminological journal. – 2022. – V. 16. No. 1. – P. 30-38.
2. Sorokina E. M. Environmental reporting as a factor in the success of entrepreneurial activity // Global & regional research. – 2020. – V. 2. No. 1. – P. 292.
3. On the state of sanitary and epidemiological well-being of the population in the Russian Federation in 2021: state. report. – M.: Feder. service for supervision in the field of consumer protection and human well-being, 2022. – 340 p.
4. Bergen D. N. Alternative options for the modernization of regional heat supply systems: environmental and economic aspects. Izvestiya BGU. – 2021. – V. 31. No. 3. – S. 408-415.
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6. Solodovnikov A. Yu. Economic activity as a factor in the impact on the environment in the regions of oil and gas production: dis. … doc. geol. Sciences 2007. – 432 p.
7. Kryuchkov K. V. Influence of flares on burning associated gas on forest plantations: dis. … cand. agricultural sciences. 2000. – 165 p.
8. Savchenko O. A. Environmental impact assessment of the Chinarevskoye oil and gas condensate field in Kazakhstan: dis. … cand. biol. Sciences, 2008. – 253 p.
9. Ignatova L. F. Modern technology of social and hygienic monitoring of the child population: dis. … doc. honey. Sciences, 2007. – 397 p.
10. Assessment of the influence of environmental factors on the health of the population of the Irkutsk region: inf.-analyst. bul. for 2018 – Irkutsk, 2019. – 76 p.
11. Sanitary protection zones and sanitary classification of enterprises, structures and other objects: SanPiN 2.2.1/2.1.1.1200-03 // Ros. gas. – 2008.
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 CITIZENS’ ASSESSMENT OF THE LEVEL OF CORRUPTION IN THE LAW ENFORCEMENT SYSTEM (BASED ON MATERIALS FROM AN INTERACTIVE SOCIOLOGICAL SURVEY OF CITIZENS CONDUCTED ON THE OFFICIAL WEBSITE OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA ON THE INTERNET IN 2019)
This article was prepared based on the materials of an interactive sociological survey of citizens conducted on the official website of the Federal Penitentiary Service of Russia on the Internet in 2019, as part of the implementation of the Federal Penitentiary Service of Russia, paragraph 8 of the Comprehensive Plan of Joint Activities for Anti-Corruption Education and Formation of Intolerance to Corrupt Behavior in Society for 2018- 2019. When conducting this sociological study, a questionnaire was used, developed by the General Prosecutor’s Office of the Russian Federation, which includes 35 questions . The manuscript presents the generalized results of respondents’ answers to only some of the questions from the questionnaire, such as the presence of corruption in the law enforcement system and the respondents’ assessment of the level of corruption in the law enforcement system and trust in state authorities engaged in the fight against corruption.
Keywords: Federal Penitentiary Service of Russia, interactive sociological survey of citizens, intolerance to corrupt behavior.
Reference list
1. Zhilyaev R. M., Pervozvansky V. B. Results of an interactive sociological survey on assessing the effectiveness of anti-corruption measures taken to prevent and prevent corruption manifestations, conducted on the official website of the Federal Penitentiary Service in the information and telecommunication network “Internet” in the period from 04/15/2019 to 04/30/2019. Analytical review. – M.: FKU NII FSIN of Russia, 2019. – 28 p.
2. Prosecutor General of the Russian Federation Yuri Chaika approved the Comprehensive Plan of Joint Actions for Anti-Corruption Education // procrf.ru. [Electronic resource]. – Access mode: https:// news.generalnyiy-prokuror-rf-yuriy.html (date of access: 04/06/2023).
3. Website of the Federal Penitentiary Service // fsin.gov.ru. [Electronic resource]. – Access mode: https:// fsin.gov.ru (date of access: 04/06/2023).
CRIMINAL LAW
BONDAREV Sergey Petrovich
Ph.D. in Law, Head of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BOHAN Andrey Petrovich
Ph.D. in Law, associate professor, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
DONSKOY Dmitriy Dmitrievich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Rostov Law Institute of the MIA of Russia
HISTORICAL VALIDITY OF CRIMINAL LIABILITY FOR UNLAWFUL SEIZURE OF A CAR OR OTHER VEHICLE WITHOUT THE PURPOSE OF THEFT (THEFT)
In the article, we consider the history of criminal liability for unlawful seizure of a car or other vehicle without the purpose of theft. Due to the lack of criminal liability for the act under consideration in pre-Soviet legislation, we analyze only the Soviet and Russian periods. Within these periods, the experience of establishing, consolidating and subsequent reform of norms providing for criminal liability for theft has been studied.
Keywords: seizure, car, other vehicle, theft, history, criminal liability.
Reference list
1. Bokhan A. P., Stavilo S. P. Theoretical foundations of the criminalization of socially dangerous acts and the decriminalization of acts that have lost social danger // Science and education: economy and economy; entrepreneurship; law and management. – 2022. – No. 11 (150). – P. 114-118.
2. Zezyulina T. A. The history of the development of criminal law on theft and unlawful possession of a car or other vehicle without the purpose of theft // Penitentiary law: legal theory and law enforcement practice. – 2022. – No. 1 (31). – P. 39-43.
3. Bokhan A. P., Chmyrev S. N. On the concepts of “car”, “tram”, “other mechanical vehicle” in the Criminal Code of the Russian Federation // Counselor of the lawyer. – No. 12. – 2017. – P. 12-18.
4. Kuznetsova A. A. The history of the formation and development of criminal legislation on responsibility for the unlawful possession of a car or other vehicle without the purpose of theft in Russia // Young scientist. – 2022. – No. 3 (398). – P. 328-330.
5. Ryazanova K. A. Theft and theft of a vehicle: general and special // Development of science and practice in a globally changing world in terms of risks: Proceedings of the XII International Scientific and Practical Conference (code – MKRNP). – Moscow, July 22, 2022. – S. 97-101.
CRIMINAL LAW
BRONNIKOV Dmitriy Alexeyevich
postgraduate student of the G. R. Derzhavin Tambov State University
STUDY OF THE IMPACT OF INFORMATION TECHNOLOGY ON THE DEVELOPMENT OF NEW FORMS OF ORGANIZED CRIME IN JAPAN AND ANALYSIS OF SIMILAR RISKS IN THE RUSSIAN FEDERATION
This article examines the impact of information technology on the formation of new forms of organized crime. Using the example of Japan, we consider how new forms of organized crime interact with traditional ones and how law enforcement agencies react to these changes. The paper shows that the new format of crime “hangure” is developing and expanding, while the traditional format of “Yakuza” is narrowing and degrading. The similarity and differences of prerequisites in Russian and Japanese society are studied in order to identify the possible development of negative trends in the Russian Federation, similar to those that can be traced in Japan.
Keywords: information technology, organized crime, Japan, Yakuza, Hangure.
Reference list
1. Ryzhiy D.S. Network structures and political organizations // Socium and power. 2013. No. 3 (41). P. 45-50.
2. Osokin R. B., Dikazhev M. M. Electronic document management in law enforcement agencies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020. No. 6. P. 188-196.
3. Stoker Sally. Japanese organized crime: promoting human trafficking on a large scale // Criminological journal of the Baikal State University of Economics and Law. 2008. No. 2. P. 29-35.
4. Morozov N. A. Crime in modern Japan: problems of criminological and criminal law politics // Moscow State University. Lomonosov. Dissertation for the degree of Doctor of Law. Moscow, 2015. 422 p.
5. Kleimenov M. P., Kozlovskaya M. G. Criminal communities in Japan // Bulletin of the Omsk University. Series “Right”. 2021. No. 4. P. 80-89.
6. Wolfgang Herbert. Sezession, Rezession und Transformation: Umbruch in der Welt der Yakuza. [Electronic resource]. – Access Mode: https://vsjf.net/wp-content/uploads/2019/12/jjb_2016_11_herbert.pdf (accessed 02.03.2023)
7. Wolfgang Herbert Saraba Yakuza – Aufstieg der Hangure. [Electronic resource]. – Access mode: https://www.academia.edu/89436103/Saraba_Yakuza_Aufstieg_der_Hangure (Accessed 03/02/2023)
8. Mizoguchi Atsushi Yakuza hōkai. Shinshoku sareru rokudaime Yamaguchi-gumi //Tōkyō 2015. Kōdansha. p. 165. [Electronic resource]. – Access mode: https://link.springer.com/article/10.1007/s12117-020-09398-4#Fn3 (Accessed 03/02/2023)
9. Simakov A. A., Neelov V. V. Schemes of crimes using cryptocurrency // Journal of Law and Law. 2020. No. 5. P. 106-109.
10. Martina Baradel1 & Jacopo Bortolussi1 Under a setting sun: the spatial displacement of the yakuza and their longing for visibility. [Electronic resource]. – Access mode: https://link.springer.com/article/10.1007/s12117-020-09398-4#Fn3 (Accessed 03/02/2023)
11. Volkov VV Power business in modern Russia. chapter 4. Economic sociology. Moscow 2002. Vol. 3. No. 3. S. 35-43.
12. Julian Hosp. It’s easy about cryptocurrencies. Bitcoin, ethereum, blockchain, decentralization, mining, ICO & Co. St. Petersburg: Progress Book, 2018. 150 p.
CRIMINAL LAW
IBRAGIMOV Artur Gasanguseynovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
MULYUKOV Farhad Batuevich
Ph.D. in Law, associate professor of Theory and methods of teaching law sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
ACTUAL PROBLEMS OF CRIMINAL PROSECUTION FOR CRIMES IN THE FIELD OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The cybernation of all spheres of human activity, society and the state has become not only an engine of progress, but also a multi-level digital maze that opens up new mechanisms for committing crimes, including in the field of illicit trafficking in narcotic drugs and psychotropic substances. This article analyzes modern sales lines of narcotic drugs and psychotropic substances.
Keywords: illicit trafficking in narcotic drugs and psychotropic substances, Darknet, data encryption, crimes, criminal prosecution.
Bibliographical list
1. Oliver V., Oliver N. Computer networks. principles, technologies, and protocols. Textbook (2020), Progress Book, textbook for universities.
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3. Babash A. V., Baranova E. K., Larin D. A. “Information security. History of Information Security in Russia” (2015); IC RIOR.
4. Report for 2020 of the International Narcotics Control Board. [Electronic recourse]. – Access mode: https://www.incb.org/documents/Publications/AnnualReports/AR2020/Annual_Report/E_INCB_2020_1_eng.pdf (date of the application: 03/12/2023).
5. Vasilyev A. A., Ibragimov Zh. I., Vasilyeva O. V. Darknet as an elusive sphere of legal regulation (2019, “The Language of Law”).
6. Criminal Code of the Russian Federation dated 06/13/1996.
7. “All that stuff. Research on what Russia is using” dated 07/25/2019 (“Project”). [Electronic recourse]. – Access mode: https://www.proekt.media/research/narkotiki-v-darknete/ (date of the application: 03/12/2023).
8. “The problem of combating crimes in the Internet space on the example of the darknet”, E. E. Lipin, G. D. Drozdov // Young Scientist. no. 50 (340), 12/10/2012.
9. “What is the deep and shadow Internet?”. Kaspersky. [Electronic recourse]. – Access mode: https://www.kaspersky.com/resource-center/threats/deep-web (date of the application: 03/12/2023).
10. Sysenko R., Sysenko A. A. The content of operational search support for the detection and investigation of crimes related to drug trafficking, and its search features // Bulletin of Omsk University, series “Law”, 2007, Higher Attestation Commission.
CRIMINAL LAW
IVANOV Igor Yurjevich
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CHISTYAKOV Alexey Alexeevich
Ph.D. in Law, professor of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
GENERAL CHARACTERISTICS OF NON-FULFILLMENT OF A MILITARY ORDER
The paper gives a general description of the categoryory “military order”, analyzes the elements and signs of the corpus delicti “non-execution of a military order”, identifies the signs of the analyzed act. The author provides an analysis of the criminally punishable act “non-execution of a military order” according to the composition of the crime, as well as the specifics of the application of Article 42 of the Criminal Code of the Russian Federation in cases of the absence of corpus delicti. The article considers the circumstances that exclude the criminality of an act in the execution of a military order. In conclusion, the author offers a list of cases in which criminal liability arises for non-fulfillment of a lawful military order and (or) execution of an illegal military order.
Keywords: non-execution of a lawful military order, criminal tort, execution of a military order that does not comply with the law.
Reference list
1. Akhmetshin Kh. M. Military criminal law: textbook; ed. O. K. Zatelepina. – M .: For the rights of military personnel, 2008. – 311 p.
2. Grigencha V. Ya. Criminal-legal problems of order execution: author. dis. … cand. legal Sciences. – Yekaterinburg, 1997. – 145 p.
3. Koryakin V. M. Military administrative law: textbook. – M.: Justice, 2019. – 496 p.
4. Koryakin V. M. Military regulations as sources of military law // Military law. – 2017. – No. 2. – P. 6-9.
5. Sidorenko VN Criminal liability of military personnel for non-execution of an order. – M .: For the rights of military personnel, 2009. – 176 p.
6. Baleev S. A., Kruglikov L. L., Kuznetsov A. P. et al. Criminal law of Russia. Special part: textbook / Ed. F. R. Sundurova, M. V. Talan. – M.: Statute, 2015. – 941 p.
7. Criminal law of Russia. General part: textbook / Ed. V. P. Revin. – M.: Yustitsinform, 2016. – 227 p.
8. Kharitonov S. S. Offsite meetings of military courts at the location of military units: issues of legal regulation of procedures in relation to the need to improve them // Law in the Armed Forces – military legal review. – 2018. – No. 8. – P. 41-48.
CRIMINAL LAW
ISAEV Victor Vladimirovich
lawyer, Moscow State Institute of International Relations of the Ministry of Foreign Affairs of the Russian Federation (MGIMO (U) of the MFA of Russia)
BASIC PRINCIPLES OF GUNTER JACOBS’ FEINDSTRAFRECHT THEORY AND THEIR REFLECTION IN THE CRIMINAL LEGISLATION OF RUSSIA, GERMANY AND USA
The article describes the main provisions of the concept of “criminal law for enemies” elaborated in 1985 by German scientist and jurist Gunter Jacobs. Special attention is paid to the works of famous philosophers who became the ideological inspirations for the development of this theory. The author of this article attaches particular importance to the practical implementation of the main provisions of G. Jacobs doctrine in the criminal legislation of Russia, Germany and the United States.
Keywords: Günter Jacobs, criminal law, enemy, citizen, terrorist attacks.
Reference list
1. Federal Law “On Combating Corruption” dated 25.12.2008 No. 273-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_82959/ (date of access: 05/12/2021).
2. Federal Law No. 35-FZ dated 06.03.2006 “On Combating Terrorism” (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_58840/ (date of access: 05/12/2021).
3. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on April 5, 2021, as amended on April 8, 2021). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 05/14/2021).
4. Gesetz zur Bekämpfung des Terrorismus vom 12/19/1986. – Electronisches Portal. [Electronic resource]. – Access mode: https://dejure.org/BGBl/1986/BGBl._I_S._2566 (Accessed: 05/12/2021).
5. Gesetz zur Bekämpfung von Korruption. – Electronisches Portal. [Electronic resource]. – Access mode: https://dejure.org/BGBl/2015/BGBl._I_S._2025 (accessed 12.05.2021).
6. USA Patriotic Act. – Electronic source. – [Electronic resource]. – Access Mode: https://www.fincen.gov/resources/statutes-regulations/usa-patriot-act (Accessed 05/12/2021).
7. StGB (Strafgesetzbuch). – Electronisches Portal. – [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/stgb/ (Accessed 14.05.2021).
8. Charlotte Back. The criminal law of the (Political) Enemy. – Electronic source. [Electronic resource]. – Access mode: https://www.jstor.org/ (Accessed: 05/10/2021).
9. Günther Jakobs. Bürgerstrafrecht und Feindstrafrecht. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/331572088_Zum_Feindstrafrecht_bei_Gunther_Jakobs (accessed 05/12/2021).
10. Kant. Uber den Gemeinspruch. Band 8. – Elektronisches Portal. [Electronic resource]. – Access mode: https://korpora.zim.uni-duisburg-essen.de/kant/aa08/299.html (accessed 15.05.2021).
11. Kant. Zum ewigen Frieden. Einphilosophischer Entwurf. Band 8. – Elektronisches Portal. [Electronic resource]. – Access mode: https://archive.org/details/zum_ewigen_frieden_ak_librivox (Accessed: 05/14/2021).
12. Hobbes. Vom Menschen. Vomburger. – Electronisches Portal. [Electronic resource]. – Access mode: https://www.textlog.de/6416.html (date of access: 05/15/2021).
13. Fichte. Grundlage des Naturrechts nach den Prinzipien der Wissenschaftslehre. Erster Band. – Electronisches Portal. [Electronic resource]. – Access mode: https://archive.org/details/grundlagedesnat00fichgoog (accessed 05/15/2021).
14. Frank Saliger. Feindstrafrecht: Kritisches or totalitäres Strafrechtskonzept. – Electronisches Portal. [Electronic resource]. – Access mode: https://www.jstor.org/ (access date: 05/10/2021). S. 758.
15 Rousseau. Staat und Gesellschaft. Contrat Social, übersetzt und commentiert von Weigand. Zweites Buch. Kapitel 5. – Elektronisches Portal. [Electronic resource]. – Access mode: https://archive.org/details/staatundgesellsc00rous (accessed 05/15/2021).
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
CAUSES AND MEASURES TO PREVENT STUDENT CRIME
The article discusses the causes of student crime. Student crime is primarily due to the fact that students, due to age and psychological characteristics, do not fully understand that a criminal path is a path to nowhere, many young people seek to assert themselves among their peers and show their importance by being afraid of nothing and no one and are ready to break the law, the main thing is to win authority among their own kind. The article considers measures to prevent student crime that can be applied in various educational institutions.
Keywords: student crime, causes of crime, illegal behavior, student identity, law enforcement youth agencies.
Reference list
1. Nechaeva T. A. Prevention of offenses in the student environment as the formation of personality in society. [Electronic resource]. – Access mode: http://bibliofond.ru/view.aspx?id=99610 (date of access: 04/03/2023).
2. Zadorozhny V. I. Problems of improving the organizational and legal support for the prevention of crimes // Russian investigator. – 2006. – No. 3. – S. 34-38.
3. Akhmetgaleev E. D. Participation in the volunteer movement as a condition for the social and professional development of a student at a university // Kazan Pedagogical Journal. – 2009. – № 3. – S. 78.
4. Zorina N. S. Family distress as a factor in juvenile delinquency // Law and State: Theory and Practice. – 2023. – No. 1 (217). – P. 188-189.
5. Akhyadov E. S. M. Criminological characteristics and prevention of crimes of minors and youth // Young scientist. – 2013. – No. 12 (59). – S. 620.
6. Komarnitsky A. V. Crime of youth in modern Russia: criminological analysis // Leningrad legal journal. – 2011. – № 4. – S. 94.
7. Federal Law of December 30, 2020 No. 489-FZ “On Youth Policy in the Russian Federation” Access from the reference legal system “ConsultantPlus”.
8. Pavlova L. V., Kochkina O. V. Organizational and legal aspects of activities to prevent neglect and delinquency among minors // Administrative law and process. – 2023. – No. 3. – S. 62-64.
CRIMINAL LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE CURRENT STATE AND PROSPECTS FOR THE DEVELOPMENT OF THE METHODOLOGY FOR COMPILING A PSYCHOLOGICAL PORTRAIT OF THE KILLER
Despite the fact that the number of murders committed in recent years in the Russian state has been decreasing, this criminal practice still has a very large-scale spread, in connection with which the issues of effective investigation of murders are paid close attention by law enforcement agencies. Of great practical importance for the investigation of these crimes is the use of special knowledge and skills in terms of assessing the psycho-emotional state of the offender, including until the identification of suspects. In this context, the practice of compiling a psychological portrait of a murderer is most often used, which is of particular relevance in the investigation of serial criminal acts.
Keywords: crimes against life and health, murder, methods of crime investigation, psychological portrait of the killer, Russian investigative practice.
Reference list
1. Antonyan Yu. M., Enikeev M. I., Eminov V. E. Psychology of a criminal and investigation of crimes. M., 2016. S. 99.
2. Burmistrova N. S. Forensic profiling: on the issue of drawing up a portrait of a serial killer // Gaps in Russian legislation. 2019. No. 6. P. 222-226.
3. Vasilchenko A. V. To the question of the use of special knowledge in the field of psychology, sexology and psychiatry in the disclosure and investigation of serial sexual murders // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. 2021. No. 2 (92). pp. 106-112.
4. Isaeva L. M., Nesterova V. V., Prokofiev O. I. Theory and practice of drawing up a psychological and forensic portrait. M., 2010. S. 90.
5. Ishigeev V.S. Psychological and forensic portrait: truth and fiction // Criminalistics: yesterday, today, tomorrow .2021. No. 3 (19). P. 89.
6. Korchagin A. A. History and modern problems of methods of investigation of premeditated murder // Law. Right. State. 2021. No. 1 (29). P. 139.
7. Martynenko VD Theoretical and legal foundations of forensic methods of investigating murders // Actual scientific research in the modern world. 2021. No. 8-1 (76). P. 122.
8. Smirnova V. Yu. Problems of methods of investigation of serial murders on sexual grounds // Education and science in Russia and abroad. 2020. No. 1 (65). P. 55.
9. Fayzullina A. A. Methods of compiling a psychological portrait of a criminal in the investigation of serial murders // Legal Science. 2022. No. 10. P. 75-77.
CRIMINAL LAW
KOLOTILINA Anastasia Alexandrovna
postgraduate student of Criminal law and criminology sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
OBJECTIVE SIGNS OF CRIMES COMMITTED BY BAILIFFS (ARTICLES 285 AND 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article presents a criminal law analysis of objective signs of malfeasance committed by bailiffs. The author developed lists of forms of criminal actions/omissions of bailiffs on the grounds of crimes under articles 285 and 286 of the Criminal Code of the Russian Federation, based on an analysis of judicial practice. Judicial practice in relation to bailiffs in case of abuse and abuse of power indicates the need to indicate the rights and legitimate interests of citizens and organizations that have been violated, thereby establishing the materiality of their violation. The qualification of official crimes by bailiffs in connection with the performance of official duties requires the establishment of the existence of an action, consequences and causal relationship between them.
Keywords: official crime; bailiff; abuse of office; abuse of power.
Reference list
1. Dineka V. I. Qualification of malfeasance: textbook. allowance. – M .: MosU of the Ministry of Internal Affairs of Russia, 2008. – 69 p.
2. Prudnikov VV Crimes against state power, public service interests in local governments (criminal legal aspects). – Krasnodar: Kuban State University, 2003. – 118 p.
3. Criminal liability for official crimes in Russia. Problems of legislative consolidation and law enforcement. – M.: YurInfoR-Press, 2005. – 400 p.
CRIMINAL LAW
MAKAROV Ruslan Vyacheslavovich
lawyer of the First Bar Association of the Republic of Mari El
GABDRAHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University
RECOGNITION OF RECIDIVISM OF CRIMES WITH THE CANCELLATION OF A SUSPENDED SENTENCE: TO THE HISTORY OF THE ISSUE
The article discusses the problems associated with the recognition of recidivism of crimes in the event of the cancellation of a suspended sentence. For law enforcement officers, it is important to find out the fact of the cancellation of a suspended sentence, the time of the commission of new crimes, to resolve the correlation of the operation of the criminal law in time and criminal record. Various approaches of science and judicial practice in solving these issues are presented.
keywords: criminal record, recidivism of crimes, cancellation of probation, places of imprisonment, referral, search.
Reference list
1. Diamonds A. Problems of application of the definition of “crime relapse” // Criminal law. – 2010. – № 2. – P. 15-20.
2. Butenko T., Petrov M. Problems of recognition of recidivism of crimes when the conditional sentence is canceled // Criminal law. – 2012. – No. 3. – P. 15-17.
3. Vozzhannikova I. G. Relapse as a type of multiplicity of crimes: monograph / Ed. ed. A. I. Chuchaev. – M.: KONTRAKT, 2014. – 110, (2) p.
4. Korotkikh N. Conviction as a sign of recidivism of crimes // Legitimacy. – 2005. – No. 1. – P. 37-39.
5. Reshetnikov A. Actual problems of establishing the recurrence of crimes in the event of the abolition of probation // Criminal law. – 2013. – No. 3. – P. 39-42.
6. Syubaev I. I. On some issues arising in determining the type of recidivism of crimes // Criminal Law. – 2015. – No. 2. – P. 68-74.
CRIMINAL LAW
MALTSEVA Svetlana Nikolaevna
Ph.D. in Law, Head of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
QUESTIONS OF QUALIFICATION OF ACTS FOR THE COMMISSION OF IATROGENIC CRIMES
Despite the modern achievements of medicine, the professional activity of a doctor (nurse), where mistakes would be excluded, is not yet possible. Hence, it is necessary to develop the position of the legislator on how to assess the professional mistakes of medical staff from the point of view of the criminal law. The medical community is more focused on the fact that medical errors in the activities of medical staff are the costs of the profession, and it is unlawful to bear legal responsibility for this. Otherwise, according to doctors, no one will provide medical care for fear of the prospect of being found guilty of improper provision of medical services.
Keywords: medicine, medical error, criminal liability of medical personnel, special subject of crime.
Reference list
1. Chupryna P. S. Criminal liability of medical workers for violation of their professional duties // Bulletin of the Tomsk State University. – 2009. – № 320. – S. 144.
2. Timofeev I. V. Medical and legal aspects of the risks of medical care: medical intervention and inaction of a medical worker // Medical Law. – 2017. – No. 4. – P. 8.
3. Perederiy V. A., Golodny A. N. Problems of application of the criminal legislation of Russia for improper provision of medical services // Law: history and modernity. – 2018. – No. 4. – P. 45.
4. Suchkova T. E. To the question of the need to determine the legal criteria for medical error // Bulletin of the Vyatka State University. – 2014. – No. 12. – P. 114.
5. Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” dated 21.11.2011. No. 323-FZ.
6. P. 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012. No. 17 “On consideration by the courts of civil cases on disputes on the protection of consumer rights”.
7. Lesnichenko A. M. Medical mistake // Problems of science and education. – 2018. – No. 13 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vrachebnaya-oshibka-1 (date of access: 12.12.2022).
CRIMINAL LAW
NABIULLINA Viktoriya Romanovna
senior lecturer of Technosphere safety sub-faculty of the Northern Trans-Ural State Agricultural University
THE RATIO OF THE ELEMENTS OF CRIMES PROVIDED FOR IN ARTICLES 207.1 AND 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION WITH OTHER ELEMENTS OF CRIMES
The article provides a comparative analysis of Articles 207.1 and 207.2 of the The Criminal Code of the Russian Federation with some related offenses for the dissemination of deliberately false socially significant information. In particular, the objective and subjective aspects of the elements of crimes provided for in Articles 128.1, 207, 207.3 of the Criminal Code of the Russian Federation are investigated. The differentiation of the crimes under consideration is of great theoretical and practical importance for countering the commission of crimes.
Keywords: deliberately false information, socially significant information, Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation.
Reference list
1. Volchkova A. A. Anti-fake novels of the criminal law // Justice in modernworld (to the X All-Russian Congress of Judges). Collection of materials of the All-Russian interdepartmental scientific-practical conference. In 2 parts. Part II. Edited by V. I. Popravko, Yu. V. Zhuravleva, R. V. Yartsev. – Nizhny Novgorod, 2022. – P. 174-180.
2. Dubovichenko S. V., Karlov V. P. Criminal liability for the public dissemination of knowingly false information (ST. ST. 207.1, 207.2 of the Criminal Code of the Russian Federation) // Bulletin of the Volga University. V. N. Tatishcheva. – 2020. – Vol. 1. – No. 3 (96). – pp. 154-163/
3. Criminal law in 2 volumes. Volume 2. Special part: a textbook for universities / A. V. Naumov [and others]; executive editors A. V. Naumov, A. G. Kibalnik. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 499 p.
4. Shchuplenkov O. V., Shchuplenkov N. O. Constitutional foundations of information freedom in Russia // Legal Studies. – 2013. – No. 10. – S. 35-92. DOI: 10.7256/2305-9699.2013.10.9617. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=9617.
5. Commentary on the Criminal Code of the Russian Federation (article by article) (9th ed., revised and additional) / K. A. Barysheva, Yu. V. Gracheva, R. O. Dolotov and others; ed. G. A. Esakova. – M.: Prospekt, 2021. [Electronic resource]. – Access mode: ATP ConsultantPlus.
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
TATYANCHENKO Lyudmila Evgenjevna
senior lecturer in Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
CHILD SUPPORT EVASION: CRIMINAL LAW AND CRIMINOLOGICAL ASPECTS
This article is dedicated to the analysis of the problems of evasion of alimony payments for minor children by their parents. On the basis of generalization of materials of investigative and judicial practice, analysis of the doctrine of criminal law, the authors have identified criminal-legal and criminological aspects affecting the evasion of alimony payments for minor children by their parents. This article suggests some measures to minimize the adverse consequences for the child resulting from non-payment of alimony by their parents.
Keywords: evasion, alimony, child, children, repetition, liability, damage, adverse consequences.
Reference list
1. Alimony fund can be created before the end of the year. [Electronic resource]. – Access mode: https://www.pnp.ru/politics/alimentnyy-fond-mozhet-byt-sozdan-do-konca-goda.html (date of access: 26.02.2023).
2. Gorbatova M. A., Lesin V. E. Criminal liability for non-payment of funds for the maintenance of children: problems of theory and practice // Law: history and modernity. – 2020. – No. 3 (12). – S. 94.
3. Mekinulova Zh. G. Problems of liability for malicious evasion from paying funds for the maintenance of children and issues of application of part 1 of article 157 of the Criminal Code of the Russian Federation // Young scientist. – 2020. – No. 48 (338). – S. 293-295. [Electronic resource]. – Access mode: https://moluch.ru/archive/338/75701/ (date of access: 26.02.2023).
4. Chugunkova M. V. Statistics on alimony arrears in Russia / Alimony. [Electronic resource]. – Access mode: https://pro-alimenty.info/dolg-po-alimentam-v-rossii-2022-statistika/
CRIMINAL LAW
ROMANOVA Nelli Lvovna
Ph.D. in Law, associate professor, Head of Criminal law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk, Honored Lawyer of the Irkutsk Region
FROLOV Saveliy Andreevich
student of the East Siberian Branch of the Russian State University of Justice, Irkutsk
ABOUT SOME PROBLEMS OF ATMOSPHERIC POLLUTION QUALIFICATION
In the article, the authors analyze the problems of regulation by the criminal law of the crime described in Article 251, which affect the effectiveness of the application of this norm. The necessity of “deciphering” the term “pollution” is noted not as a process, but as a consequence, the result of a criminal act for the needs of distinguishing from an administrative offense and for the benefit of the qualification process. The objective of this study is to identify the constructive and semantic shortcomings of this criminal law norm in order to improve Article 251 of the Criminal Code of the Russian Federation, both from the standpoint of theory and law enforcement practice.
Keywords: criminal law, environmental crimes, atmospheric pollution, environmental safety, regulation problems, criminal consequences.
Reference list
1. Bokuts E. Yu. Criminal-legal characteristics of atmospheric pollution: author. dis. … Toand. legal Sciences: 12.00.08. – M., 2017. – 219 p.
2. Dubovik O. L., Choltyan L. N. Ecological law in questions and answers. – M.: Iz-vo Prospekt, 2017. – 368 p.
3. Popov I. V. How misinterpretation of the concept of “atmospheric pollution” affects the legality of sentences in criminal cases // Actual problems of criminal and criminal procedure policy of the Russian Federation: Mat. intl. scientific-practical. Conf., Omsk, May 21, 2021 / Ed. Ed.: I. G. Ragozina, Yu. V. Derichev. – Omsk: SibYuU, 2022. – S. 10-16.
4. Romanova NL Some problems of qualification of environmental crimes // Features of the qualification of environmental crimes: Collection of mat. interuniversity round table (dedicated to the 300th anniversary of the Russian police), Irkutsk, October 26, 2018 – Irkutsk: VSI Ministry of Internal Affairs of the Russian Federation, 2018. – P. 48-51.
CRIMINAL LAW
SENNIKOV Igor Sergeevich
magister student of the Law Faculty of the Financial University under the Government of the Russian Federation
TREND TOWARDS MITIGATING RESPONSIBILITY FOR TAX EVASION CRIMES IN THE RUSSIAN FEDERATION AND WESTERN EXPERIENCE WITH REGARD TO CRIMINAL LIABILITY FOR EVASION OF PAYMENT OF TAXES, FEES, AND OTHER MANDATORY PAYMENTS
The article is devoted to the analysis of the trend towards a softer approach to criminal liability for crimes related to tax evasion, fees and other mandatory payments in the Russian Federation. The author analyzes legislation and law enforcement practices in Russia and in the West, as well as social, economic and political aspects of the problem. As a result of the research, the author concludes that reducing criminal liability for tax evasion in Russia can have a positive effect on the economy and business environment, as well as contribute to a more effective fight against corruption. However, the author also points out the need to improve legislation and enforcement practices with comprehensive measures to combat such crimes to minimize the negative consequences of mitigating criminal liability for tax evasion.
Keywords: taxes, tax offenses, criminal liability, mitigation of liability, decriminalization, liability for tax evasion.
Reference list
1. Ostroukhova V. A. Methods of investigating crimes related to tax evasion by legal entities: dis. master’s degree in law Sciences: 40.04.01. – Tolyatti, 2017. – 113 p.
2. Varygina L., Danilov K. S., Erokhin K. F., Kasumov N. F., Ilyin A. Yu. . – 2022. – No. 4 (17). – P. 28-36.
3. Supkhapkhan-Kovaleva VK Comparison of tax systems in Russia, USA and France // Theory and practice of modern science. – 2019. – No. 7 (49). – P. 161-166.
CRIMINAL LAW
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FOMIN Vasiliy Vasiljevich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
CRIMINAL LIABILITY OF MEDICAL PERSONNEL FOR A PROFESSIONAL MISTAKE
“Criminal liability of medical workers” is determined by several factors, namely the social significance of the profession of a doctor or a nurse for society, the population. Crimes committed by medical personnel in the performance of their professional duties represent the complexity of the qualification of the act in investigative and judicial practice. Medical personnel act as a special subject of a crime if, in the performance of their professional duties, a violation or non-fulfillment of functional requirements, prescriptions, which resulted in harm to human life or health, was committed.
Keywords: criminal liability, medical staff, professional error, improper provision of medical care, patient.
Reference list
1. Nevzgodina E. L. Legal qualification of a medical error and its legal consequences // Bulletin of the Omsk University. Series “Right”. – 2015. – No. 2 (43). – P. 138.
2. Trunov I. L. Medical error, crime, misdemeanor // Man: crime and punishment. – 2010. – № 1. – S. 35.
3. Federal Law No. 323-FZ of November 21, 2011 “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”.
4. P. 10 Art. 2 of the Federal Law No. 323-FZ of November 21, 2011 “On the fundamentals of protecting the health of citizens in the Russian Federation”.
5. Ulezko S. I. The concept of iatrogenic crimes // Society and law. – 2018. – No. 2 (64). – P. 47.
6. Markov A. A., Dzhuvalyakov P. G., Kolkutin V. V. On modern forensic terminology in researchanii situations associated with “medical errors” // Astrakhan medical journal. – 2017. – No. 12 (1). – S. 115.
7. Kisses E. L., Gorbunov A. E. Medical error and crime: equivalent concepts? // The science. Society. State. – 2017. – No. 5 (1 (17)). – S. 129.
8. Dudka O. F. Legal responsibility of medical workers. Pre-trial and judicial practice in cases of professional violations in health care facilities of the Tomsk region // Siberian Journal of Clinical and Experimental Medicine. – 2013. – No. 28 (4). – S. 116.
CRIMINAL LAW
MULYUKOV Farhad Batuevich
Ph.D. in Law, associate professor of Theory and methods of teaching law sub-faculty of the Kazan (Privolzhie) Federal University
IBRAGIMOV Artur Gasanguseynovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Kazan (Privolzhie) Federal University
PRINCIPLES OF CRIMINAL LAW AND TOPICAL ISSUES OF THEIR IMPLEMENTATION IN THE PROCESS OF IMPOSITION OF PUNISHMENT
The most important issue of particular relevance at the present time, which is of great importance in modern socio-economic realities, is the problem of implementing the principles of criminal law, criminal liability while imposing criminal punishment.
In this regard, the purpose of this article is to identify existing problems and to form new approaches to solving issues of implementing the principles of criminal law, criminal liability while imposing criminal punishment; substantiate modern effective forms of achieving their effectiveness in the interests of restoring social justice, legality, universal equality, and humanism.
The leading approach to the study of this problem is the dialectical method of knowledge based on the use of dialectical-materialistic teaching. The article examines the problems of implementing the principles of legality, equality, culpability and social justice, and humanism while imposing punishment, taking into account the latest changes and additions to the current criminal legislation; presents the author’s judgments, author’s reflection on the stated problem; identifies problems in the research of other scientists on this topic. As a result of the conducted research, the necessity to state the goal of restoring social justice when imposing criminal punishment as the goal of achieving social justice when imposing criminal punishment is justified.
The practical significance of the research results is that the materials presented in the article can be used by professors of law schools, officials of preliminary inquiry and preliminary investigation agencies, judges and law enforcement officers in their professional activities to counteract violations of the principles of legality , universal equality, culpability, social justice, and humanism made by judges while imposing criminal punishment.
The conclusion contains conclusions on the article, clearly revealing the aspects that are briefly stated in the abstract.
Keywords: problem, implementation of the principle, equality, justice, punishment.
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CRIMINAL LAW
ANDERIA Diana Godvin Kasinga
postgraduate student of the Peoples’ Friendship University of Russia
RESPONSIBILITY FOR CRIMES COMMITTED WITH THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS
The article deals with some problematic aspects of criminal liability for committing crimes involving artificial intelligence systems. The study discusses the existence of artificial intelligence of criminal liability for offenses, as well as the distinction between the innocent infliction of harm and the commission of crimes using artificial intelligence systems.
Keywords: artificial intelligence, delinquency, observed party, criminal prosecution, regulation of artificial intelligence, case with the use of artificial intelligence.
Reference list
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2. XIsamova Z. I., Begishev I. R. Criminal liability and artificial intelligence: theoretical and applied aspects // All-Russian journal of criminology. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-i-iskusstvennyy-intellekt-teoreticheskie-i-prikladnye-aspekty (date of access: 04/01/2023).
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CRIMINAL LAW
DEVICHENSKIY Mikhail Vyacheslavovich
postgraduate student of Criminal law and process sub-faculty of the Institute of Law and National Security of the G. R. Derzhavin Tambov State University
ON THE ISSUE OF DETERMINING THE SUBJECT OF MILITARY CONTRABAND DURING A SPECIAL MILITARY OPERATION
This article discusses the concept of military contraband. Special attention is paid to the definition of the subject of military contraband during a Special Military Operation. Examples of illegal movement of weapons, ammunition, explosives, explosive devices, and other weapons across the state border of Russia from territories controlled by the Armed Forces of Ukraine stationed in territories newly admitted to the Russian Federation are given. The article examines examples of military smuggling in the past years due to the events in the North Caucasus at the turn of the XX-XXI centuries. The harm caused as a result of the use of weapons directed during the supply of the Armed Forces of Ukraine, as well as the possible socially dangerous consequences of getting into the depths of the Russian territories of smuggled weapons are analyzed. The conclusion is formulated on the creation of measures to counter the smuggling of weapons into the territory of the Russian Federation, in order to determine the tasks and effective measures to prevent and suppress these criminal encroachments.
Keywords: smuggling, SVO, APU, illegal arms trafficking, weapons and military equipment, transnational crime, responsibility, legislation, Criminal Code of the Russian Federation.
Reference list
1. Lapshina D. A. The problem of legal statuses of new territories of the Russian Federation // International Journal of the Humanities and Natural Sciences. Legal Sciences. – 2022. – No. 11-3 (74). – S. 168.
2. Mokrinsky O. A. Smuggling of firearms and ammunition: legal and technical and forensic problems of investigation: dis. … cand. legal Sciences. – Volgograd, 2004. – S. 258.
3. Musaev M. M. Criminal law and criminological analysis of the illegal manufacture of weapons: based on the materials of the Republic of Dagestan: author. dis. cand. legal Sciences. – Makhachkala, 2004. – S. 24.
4. Robak A. V. Arms smuggling. Scientific notes of the Crimean Federal University named after V. I. Vernadsky // Legal Sciences. – 2019. – No. 3. – P. 171.
5. Sushko A. D. Criminal liability for the smuggling of firearms in the CIS member states // Law and Law. – 2014. – No. 11. – P. 90-99.
6. Shelkovnikova E. D., Solnyshkova O. V. Russia in the system of international cooperation in the field of arms control // Law and Politics. – 2001. – No. 4. – S. 53-62.
CRIMINAL PROCEDURE
ABDULVALIYEV Almaz Firzyarovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Tyumen State University
PETROV Vladimir Vasiljevich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Tyumen State University
TOLSTOLUZHINSKAYA Elena Mikhaylovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Tyumen State University
VIDEO CONFERENCING AND NOVELTIES OF CRIMINAL PROCEDURE LEGISLATION
The article is devoted to the legislative innovations adopted in December 2022 concerning the use of video conferencing systems in criminal proceedings when the court decides on the election of a preventive measure in the form of detention, house arrest, bail, prohibition of certain actions, as well as the circle of persons who can participate in a court hearing using this technology.
The object of the study is a video conferencing system used in criminal proceedings. The subject of the study is the norms of the criminal procedure legislation of the Russian Federation regulating the use of video conferencing systems, as well as the practice of using this technology in the investigation and consideration of criminal cases. Comparative legal, statistical and logical methods were used in the research process.
In the course of the study, it was possible to establish that the video conferencing system is in demand in criminal proceedings, but the mechanism of its application requires further legislative regulation, since it does not cover all the decisions specified in Part 2 of Article 29 of the Code of Criminal Procedure of the Russian Federation. The issue of legal regulation of the use of video conferencing at the stage of preparation of the case for trial and at the stage of execution of the sentence remains open.
Keywords: video conferencing, digital technologies, court, trial, criminal proceedings, defendant, judicial action, preventive measures, security, execution of the sentence.
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CRIMINAL PROCEDURE
ALEXANDROVA Olga Pavlovna
Ph.D. in Law, associate professor, associate professor of Law enforcement, criminal law and process sub-faculty of the Pskov State University
BOGDANOV Maxim Nikolaevich
Ph.D. in Law, Head of Criminal law disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
SOME ISSUES OF USING THE CAPABILITIES OF VIDEO CONFERENCING SYSTEMS AT THE STAGE OF PRELIMINARY INVESTIGATION OF CRIMES
The article discusses the issues of modern legal regulation of the use of videoconferencing systems at the stage of preliminary investigation in the production of investigative actions in Russia and some foreign countries and possible prospects for their improvement. The issues of using videoconferencing in such investigative actions as interrogation, confrontation, presentation for identification are noted. Attention is focused on the use of digital technologies in the production of investigative actions in the republics of the near abroad: the Republic of Kazakhstan, the Republic of Belarus, the Republic of Uzbekistan.
Keywords: videoconference, preliminary investigation stage, interrogation, confrontation, presentation for identification.
Reference list
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8. Kainov V. I., Bogdanov M. N., Egorov A. M. Consideration by the courts of the Pskov region of complaints and statements of citizens in the second half of the 1980s – early 1990s. (historical and legal aspect) // Legal science: history and modernity. – 2018. – No. 2. – P. 86-94.
CRIMINAL PROCEDURE
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 Penitentiary 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 Federal Penitentiary Service of Russia
SOLVING THE PROBLEM OF OVERLIMIT IN PRE-TRIAL DETENTION CENTERS OF THE PENITENTIARY SYSTEM: FOREIGN EXPERIENCE
Detention is the most severe measure of restraint in both domestic and foreign criminal proceedings, which is chosen in exceptional cases and when it is impossible to choose another less severe measure of restraint. However, as shown by the analysis of the forms of statistical observation of the judicial department at the Supreme Court of the Russian Federation, the preventive measure in the form of detention in the Russian criminal process continues to be chosen in cases where other less severe preventive measures can be dispenced with. This circumstance often leads to overcrowding of cells in pre-trial detention centers. In this article, on the basis of foreign experience, a number of proposals are formulated to reduce the number of persons in pre-trial detention centers of the penitentiary system.
Keywords: pre-trial detention centers of the penitentiary system, filling limit, foreign experience, detention, downsizing, proposals.
Reference list
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CRIMINAL PROCEDURE
BILYAEV Vladimir Alexandrovich
Ph.D. in Law, associate professor, professor of Criminal law and process sub-faculty of the Sevastopol State University
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
JUSTICE AND COMPETITIVENESS IN CRIMINAL PROCEEDINGS: THE LEGAL RELATIONSHIP AND THE SPIRITUAL AND IDEOLOGICAL ROOTS OF ANTAGONISM
The article, using a civilizational approach, critically analyzes the principle of competition in criminal proceedings for its compliance with the general legal principle of justice. The authors come to the conclusion that the concept of opposing (fighting) the interests of the parties to the criminal process, in which there is no mutual desire to achieve justice, cannot be used as the basis of the principle of criminal proceedings. The equality of the parties and the independence of the court are aimed at achieving justice in the criminal process, which should be considered as a system-forming principle for the elements that make up the construction of Article 15 of the Code of Criminal Procedure of the Russian Federation.
Keywords: competitiveness, justice, principles of criminal proceedings, civilizational approach, purpose of criminal proceedings, cultural and historical type.
Reference list
1. Bilyaev V. A., Klimovsky A. S. Competitiveness: the principle of criminal proceedings or a property that characterizes its ontological essence? // Criminal proceedings: procedural theory and forensic practice. [Electronic resource]: conference materials / Ed. ed. M. A. Mikhailov, E. A. Anufrieva, T. V. Omelchenko; Crimean Federal University named after V. I. Vernadsky, Crimean branch of the Russian State University of Justice, Sevastopol State University. – Electron. Dan. – Simferopol: IT “ARIAL”, 2022. – P. 28-29.
2. Bilyaev V. A., Klimovsky A. S. Decree Op. – P. 28.
3. Bilyaev V. A., Klimovsky A. S. Decree Op. – P. 29.
4. Bilyaev V. A., Klimovsky A. S. Decree Op. – P. 29.
5. Criminal procedure law of the Russian Federation: textbook / Ed. ed. P. A. Lupinskaya, L. A. Voskobitova. – 3rd ed., revised. and additional – M.: INFRA-M, 2013. – 1008 p., S. 207.
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CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
SAMORODSKIY Elisey Olegovich
cadet of the 3rd course of the Crimean branch of the Krasnodar University of the MIA of Russia
AUTO TECHNICAL EXAMINATION AND INVESTIGATORY EXPERIMENT ARE ESSENTIAL TOOLS OF THE INVESTIGATOR IN COLLECTING THE GROUNDS FOR INITIATING A CRIMINAL PROCEEDING ON THE SIGNS OF A CRIME PROVIDED BY ST. 264 OF THE CPC RF
In accordance with Part.2 Article. 140 of the Code of Criminal Procedure of the Russian Federation, the basis for initiating a criminal case is the availability of sufficient data indicating the signs of a crime. The concept of “crime” is given in Art. 14 of the CC of the Russian Federation. Based on this concept, the following signs of a crime are distinguished: act, public danger, guilt, wrongfulness, punishability. It is rather difficult to determine the signs of crimes related to violation of the rules of the road and the operation of vehicles. In addition, Part 2 of Art. 24 of the CCP directly instructs the law enforcement officer to refuse to initiate a criminal case in the absence of signs of a crime. Thus, in order to make a decision to initiate a criminal case, the investigator or interrogating officer needs to make sure that the act contains signs of a crime, namely: the fact of a violation of traffic rules and the operation of vehicles, a causal relationship between this violation and the consequences that have occurred, the presence of signs of the subject of the crime, the presence of guilt regarding the violation of the rules and the consequences. However, it is not easy to establish the fact of a violation by the driver of the Rules of the Road and the causal relationship between the violation and the consequences.
Keywords: autotechnical expertise, investigative experiment in case of an accident, establishment of a causal relationship in case of an accident.
Reference list
1. Veselov A. V. Dilemma: an investigative experiment – an additional inspection of the scene (on criminal cases related to violation of the Rules of the road and the operation of vehicles) // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 4 (36). – P. 202-206.
2. Medvedeva S. N. Peculiarities of establishing a cause-and-effect relationship in the investigation of road traffic accidents // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (42). – P. 75-78.
3. Murashev P. M. Methodological aspects of establishing the mechanism of an accident associated with a collision with a pedestrian // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 30-33.
4. Samoshina ZG Investigation of criminal violations of the rules of the road and the operation of vehicles // Criminalistics: textbook / Ed. ed. N. P. Yablokov. 2nd ed., revised. and additional – M.: Yurist, 2016. – P. 675-676.
5. Ulanova Yu. Yu. Mistakes in establishing a causal relationship in cases of road accidents // Criminal process. – 2020. – No. 2 (182). – P. 60-67.
6. Uryvkova A.E. Some problems of legal regulation of procedural deadlines at the stage of initiating a criminal case // Bulletin of the Volga University. V. N. Tatishcheva. – 2021. – V. 2. No. 4 (100). – S. 120-133.
7. Shelikhov S. G. Features of initiating a criminal case on a road traffic crime // Gaps in Russian legislation. – M.: Media-VAK, 2011. – No. 6. – P. 237-239.
8. Road traffic accidents in the Russian Federation for 9 months of 2022. Information-analytical review. – M .: FKU “NTs BDD of the Ministry of Internal Affairs of Russia”. 2022. – S. 4-5.
CRIMINAL PROCEDURE
GERASENKOV Vadim Mikhaylovich
Ph.D. in Law, senior lecturer of Criminal law disciplines sub-faculty of the Academician I. G. Petrovsky Bryansk State University
ISSUES OF RECLASSIFICATION OF CRIMES AT THE STAGE OF PRELIMINARY INVESTIGATION
This article discusses the issue of the need to introduce a new procedural document into the criminal procedural legislation, which should be called a resolution on the re-qualification of an act. In the process of investigating crimes in criminal proceedings, new factual circumstances may be established, which will be the basis for the reclassification of the committed crime. The question of the correct qualification of crimes underlies all criminal proceedings, is one of the key ones, since the correct qualification of the deed underlies the adoption of lawful and reasonable procedural decisions and the issuance of a lawful, reasonable and fair sentence, which will ultimately contribute to the achievement of the goals of justice in general. Therefore, such an important fact in a criminal case as the reclassification of a crime should be recorded in the relevant procedural document, which should indicate the specific factual circumstances that served as the basis for making this decision on the reclassification of the crime, as well as evidence confirming this fact. The specified procedural document must be a resolution on the re-qualification of the act.
Keywords: decision on reclassification of the act circumstances, preliminary investigation, initiation of a criminal case, factual of the criminal case, signs of corpus delicti, correct qualification of the committed crime, criminal case.
Reference list
1. Kashepov V.P. Requalification of criminal acts when changing the criminal law // Journal of Russian law. – 2014. – № 4. – P. 5-12.
2. Kudryavtsev VN General theory of qualification of crimes. – M, 1972. – 352 p.
CRIMINAL PROCEDURE
EMELYANOVA Nadezhda Yurjevna
Moscow University of the V.Ya. Kikot MIA of Russia
RAKHMONBERDIEV Bobirkhon Bahodir ugli
Moscow University of the V.Ya. Kikot MIA of Russia
THE HISTORY OF THE FORMATION OF THE PROCEDURAL STATUS OF THE INVESTIGATOR IN RUSSIA
This article is dedicated to a historical excursus of the formation of the procedural status of the investigator in Russia. The author carries out the analysis of stages of development of this profession, since its origin in the 18th century and up to modern revival of interest to it. Particular attention is paid to the role of investigators in the law enforcement system, their relationship with the court and society, as well as the process of adoption and amendment of legislative norms regulating the activities of these professionals. As a result, the author concludes that the creation of appropriate legislation and improvement of professional level of investigators are necessary conditions for effective investigation of crimes and ensuring justice in the judicial process.
Keywords: criminal process, investigator, status, prosecutor, independence.
Reference list
1. Tsvetkov Yu. A. Historical stages in the development of preliminary investigation bodies in Russia // History of State and Law. 2015. No. 3. P. 33
2. Ibid. 34 p.
3. Decree of the Government of the Russian Federation of August 27, 2013 No. 741 “On the Day of the Investigator of the Russian Federation” // “Collection of Legislation of the Russian Federation”, 02.09.2013, No. 35, art. 4526
4. Serov D. O., Fedorov A. V. Investigation under Peter I: the formation of “major’s” offices and the emergence of the preliminary investigation stage // Russian investigator. 2017. No. 8. P. 54.
5. Monuments of Russian law: educational and scientific manual / Ed. R. L. Khachaturova. M.: Yurlitinform, 2015. T. 7. S. 294.
6. Sheifer S. A. Pre-trial proceedings in Russia: stages of development of the investigative, judicial and prosecutorial authorities. M.: Norma, 2017. P. 101.
7. Kutafin O. E., Lebedev V. M., Semigin G. Yu. Judicial power in Russia: history, documents. M.: Thought, 2013. T. 4. S. 133.
8. Smirnov A. V. Investigator in the criminal process of Soviet Russia in 1917-1928. // Collection of articles on the history of the investigating authorities / Ed. ed. A.I. Bastrykin; ed. D. O. Serova. M.: SK of Russia, 2015.S. 22.
9. Tsvetkov Yu. A. Stages of development of the bodies of preliminary investigation in Russia // History of State and Law. 2019. No. 7. S. 56.
Bibliographic list of articles
1. Tsvetkov Yu. A. Historical Stages in the Development of Preliminary Investigation Bodies in Russia // History of State and Law. 2015. No. 3. P. 33
2. Ibid. 34 p.
3. Decree of the Government of the Russian Federation of August 27, 2013 No. 741 “On the Day of the Investigator of the Russian Federation” // “Collection of Legislation of the Russian Federation”, 02.09.2013, No. 35, art. 4526
4. Serov D. O., Fedorov A. V. Investigation under Peter I: the formation of “major’s” offices and the emergence of the stage of preliminary investigation // Russian investigator. 2017. No. 8. P. 54.
5. Monuments of Russian law: educational and scientific manual / Ed. R. L. Khachaturov. M.: Yurlitinform, 2015. T. 7. P. 294.
6. Sheifer S. A. Pre-trial proceedings in Russia: stages of development of the investigative, judicial and prosecutorial authorities. M.: Norma, 2017. P. 101.
7. Kutafin O. E., Lebedev V. M., Semigin G. Yu. Judicial power in Russia: history, documents. M.: Thought, 2013. T. 4. P. 133.
8. Smirnov A. V. Investigator in the criminal process of Soviet Russia in 1917-1928. // Collection of articles on the history of the investigating authorities / Ed. ed. A. I. Bastrykin; ed. BEFORE. Serov. M.: SK of Russia, 2015. P. 22.
9. Tsvetkov Yu. A. Stages of development of preliminary investigation bodies in Russia // History of State and Law. 2019. No. 7. P. 56.
CRIMINAL PROCEDURE
KRASHENNIKOVA Tatyana Vasiljevna,
Ph.D. in economical sciences, master of the South Russian Institute of Management of the RANEPA under the President of the Russian federation, Rostov-on-Don, member of the Election Commission of the Rostov region, assistant to the Deputy of the State Duma of the Russian Federation
KOBLEVA Mariya Mukhadinovna
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Rostov branch of the Russian State University of Justice
On the issue of involving a member of the election commission with the right to vote as an accused
TO THE QUESTION OF INVOLVING THE MEMBER OF THE ELECTION COMMISSION WITH THE RIGHT OF THE DECISIVE VOTE AS THE ACCUSED MEMBER
The purpose of this article is to consider the legal status of a member of the election commission with the right to vote and the issues of bringing him as an accused. For the purposes of this article, the following tasks are set: determining the features of the legal status of voting members of election commissions, considering the norms of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” and the Criminal Procedure Code of the Russian Federation, identifying gaps in legislation, as well as putting forward proposals for their improvement.
Keywords: member of the election commission with the right to vote, suffrage, involvement as an accused, initiation of a criminal case, legal status, guarantees of voting rights.
Reference list
1. The Constitution of the Russian Federation (adopted at a national vote on December 12, 1993) (as amended during a national vote on July 1, 2020) // “Rossiyskaya Gazeta” dated December 25, 1993 – No. 237.
2. Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” // Rossiyskaya Gazeta of June 15, 2002 – No. 106.
3. Ruling of the Constitutional Court of the Russian Federation No. 1030-О-О dated November 12, 2008 “On the refusal to accept for consideration the complaint of citizen Alexander Nikolaevich Pivovarov about the violation of his constitutional rights by Article 235 and part seven of Article 236 of the Code of Criminal Procedure of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_86040/
CRIMINAL PROCEDURE
SAAKYAN Artem Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminalistics sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
TRIFONOVA Kristina Alexeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Training and Scientific Complex of the Preliminary Investigation in the Law-enforcement Bodies of the Volgograd Academy of the MIA of Russia
DOLGACHEVA Oxana Igorevna
Ph.D. in Law, associate professor, Head of Criminal process sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
THE STATE OF HEALTH OF THE SUSPECT OR THE ACCUSED AS A CIRCUMSTANCE TAKEN INTO ACCOUNT WHEN CHOOSING A MEASURE OF RESTRAINT IN THE FORM OF DETENTION
The article deals with the problematic aspects of the chosen preventive measure in the form of detention in the context of identifying the danger of taking into account the state of health caused by suspicion or accusation. It is indicated that the only way to confirm that a person has serious illenss which prevents him from being kept in a pre-trial detention center, is a medical examination. The need to develop a mechanism for making decisions on preventive measures is noted.
Keywords: health care, medical care, serious illness, medical examination, suspect, accused, detention.
Pristasecret bibliography
1. Tokareva E. V., Khorsheva V. S. Procedural features of choosing a measure of restraint in the form of house arrest in modern conditions // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P. 95-98.
2. Shigurov A. V. Problems of protecting the rights of suspects (accused) with serious illnesses that prevent detention // Science and Modernity. – 2014. – No. 32-2. – P. 174-178.
3. The Supreme Court proposed to expand the scope of application of preventive measures not related to detention. [Electronic resource]. – Access mode: https://www.vsrf.ru/press_center/news/32332/ (date of access: 04/16/2023).
CRIMINAL PROCEDURE
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, Associate Professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
ON THE STRUCTURE OF A CIVIL CLAIM IN THE RUSSIAN CRIMINAL PROCESS
The article considers the legal structure of a civil claim in criminal proceedings. The author examines the internal structure of a civil claim in the Russian criminal process. Such elements of a civil claim as the subject and the basis are analyzed. The features of the procedural status of the parties to the civil claim – the civil plaintiff and the civil defendant are called. Gaps and contradictions of the legislative framework regulating the rights and obligations of a civil plaintiff in a criminal case are noted in order to successfully consider a civil claim on the merits in a criminal case.
Keywords: the structure of the claim, the subject of the claim, the basis of the claim, the parties to the claim.
Reference list
1. Nikolaychenko O. V. Civil lawsuit in criminal proceedings in the aspect of interbranch prejudice // All-Russian criminological journal. 2019. No. 2 (Vol. 13). P. 289.
2. Nenashev M. M. Claim and its elements. M.: Publishing solutions, 2018. 214 p.
3. Litvintseva N. Yu. Actual problems of the procedural status of legal representatives of a minor suspect and accused // Siberian criminal procedure and forensic readings. 2017. No. 4. P. 74.
4. Andreeva O. I., Zaitsev O. A., Kudryavtseva A. V. The impact of COVID-19 on the exercise of constitutional rights and freedoms of participants in criminal proceedings // All-Russian Criminological Journal. 2020. No. 5 (Vol. 114). S. 794.
CRIMINAL PROCEDURE
SMOLINA Mariya Mikhaylovna
Ph.D. in Law, senior lecturer of Criminal law and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
DAVIDENKO Anastasia Dmitrievna
student of the Crimean branch of the Krasnodar University of the MIA of Russia
PROBLEMATIC ASPECTS OF THE PROCEDURE FOR DETERMINING THE AMOUNT AND TIMING OF PAYMENT OF A COURT FINE
The article considers the institution of exemption from criminal liability with the imposition of a court fine as a measure of a criminal nature. In particular, the discussion issues related to determining the amount and timing of payment of a court fine are considered. The analysis made it possible to identify gaps in the current legislation in the area under study and identify areas for improvement.
Keywords: court fine, exemption from criminal liability, the amount of the court fine, the term of payment of the court fine, the court.
Reference list
1. Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996 (as amended). [Electronic resource]. – Access mode: https://base.garant.ru/10108000/ (date of access: 03.03.2023).
2. Federal Law No. 323-FZ of July 3, 2016 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation on Improving the Grounds and Procedure for Exemption from Criminal Liability”. [Electronic resource]. – Access mode: https://base.garant.ru/71435376/ (date of access: 03.03.2023).
3. Decree of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability” (as amended). [Electronic resource]. – Access mode: https://base.garant.ru/70404388/ (date of access: 03.03.2023).
4. Appeal ruling of the Moscow Regional Court No. 22-7391/2016 of October 20, 2016 in case No. 22-7391/2016 [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/mxL1Oj1yOr52/ (date of access: 03.03.2023).
5. Resolution of the Sibay City Court of the Republic of Bashkortostan No. 1-153/2017 dated July 10, 2017 in case No. 1-153/2017. [Electronic resource]. – diraccess to them: https://sudact.ru/regular/doc/SKmlTYICdWmx/ (date of access: 03.03.2023).
6. Batyutina T. Yu., Pchenushai K. A. Exemption from criminal liability with the appointment of a judicial fine: legislative and law enforcement aspects // Humanitarian, socio-economic and social sciences. – 2020. – No. 11-2. – P. 28-34.
7. Djijavadze L. G. Problematic issues of imposing a judicial fine in criminal proceedings // Issues of Russian justice. – 2020. – No. 8. – P. 407-414.
8. Lutsenko N. S. Judicial penalty: essence and goals // Law and state: theory and practice. – 2019. – No. 6 (174). – P. 105-108.
9. Review of the judicial practice of exemption from criminal liability with the appointment of a judicial fine (Article 76.2 of the Criminal Code of the Russian Federation): approved. Presidium of the Supreme Court of the Russian Federation on July 10, 2019 [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/all/28088/ (date of access: 03.03.2023).
10. Soktoev ZB Problems of the application of the norms of the judicial fine // Criminal law. – 2017. – No. 1. – P. 90-94.
11. The state of crime // Official website of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/reports (date of access: 24.02.2023).
12. Stenyushkina Ya. R. Problems of determining the amount and timing of payment of a court fine // Ogaryov-Online. – 2020. – No. 14 (151). – P. 8.
13. Fisenko D. Yu. Judicial penalty: problems of legal regulation and practice of application // Legislation and practice. – 2017. – No. 2. – S. 41-45.
CRIMINAL PROCEDURE
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
OBSERVANCE OF THE RIGHTS AND FREEDOMS OF CITIZENS IN PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES
The article deals with the most urgent and urgent issues on the observance of the rights and legitimate interests of citizens in pre-trial proceedings in criminal cases. All rights and freedoms are systematized norms of legislation, the properties of which express the will and are integral and necessary ways and conditions of her life, her relationships with society, the state, with other citizens. The article identifies the most significant moments of the emergence of procedural relationships, the realization of the rights and freedoms of citizens at the stage of pre-trial proceedings.
Keywords: rights and freedoms of citizens, pre-trial proceedings, criminal proceedings, stages of criminal proceedings, victim, corpus delicti, criminal case.
Reference 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 dated July 01, 2020 No. 1-FKZ / Collected. legislation Ros. Federation. – 2020. – No. 1. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 05.05.2023).
2. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ: adopted by the State. Duma Feder. Sobr. Ros. Federation November 22, 2001: approved by the Federation Council Feder. Sobr. Ros. Federation December 5, 2001 [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 05.05.2023).
3. Grinenko A. V. Criminal process: textbook and workshop for universities – 8th ed. – M .: Yurait Publishing House, 2022. – 364 p. [Electronic resource]. – Access mode: https://urait.ru/bcode/497987 (date of access: 05/07/2023).
CRIMINAL PROCEDURE
GLIMEYDA Vitaliy Vitaljevich
lecturer of Criminal process sub-faculty of the Kuban State University
PROBLEMS OF ENSURING THE RIGHTS OF PARTICIPANTS IN THE PRODUCTION OF INVESTIGATIVE ACTIONS IN THE VIDEO CONFERENCING MODE
The article discusses the features of investigative actions using video conferencing, which cause problems of ensuring the rights of participants. In this regard, it is proposed to unify the procedure for using video conferencing in investigative actions, with an emphasis on the rights of participants. The need to supplement Part 6 of Article 164 of the Code of Criminal Procedure of the Russian Federation with a prescription on notification of participants in an investigative action about their right to remote participation using video conferencing and to provide a new Article 164.2 “Features of remote production of investigative actions” in the Code of Criminal Procedure of the Russian Federation is justified.
Keywords: video conferencing, investigative actions, rights of participants.
Reference list
1. Bodyakov V. N., Morozov R. M. Topical issues of introducing the institute for the production of individual investigationsth actions carried out remotely using video conferencing in places of deprivation of liberty // Bulletin of the Kuzbass Institute. 2021. No. 2 (47). pp. 115-131.
2. Gladysheva O. V. Digitalization of criminal proceedings and problems of ensuring the rights of its participants // Legal Bulletin of the Kuban State University. 2019. No. 1. P. 31-34.
3. Glimeida V. V. Video conferencing as a condition for the effectiveness of investigative actions // Actual problems of judicial, law enforcement, human rights, criminal procedure and national security: materials of the Intern. scientific-practical. Conf., dedicated to the 50th anniversary of the formation of the Department of Criminal Procedure. Krasnodar: Kuban state. un-t, 2022. At 2 o’clock. Part 1. S. 97-107.
4. Kiseleva K. A., Zykov D. A. Topical issues of using videoconferencing during interrogation // StudNet. 2022. V. 5. No. 4. S. 2789-2796.
5. Malysheva O. A. Procedural guarantees of the rights of participants in investigative actions performed using a videoconferencing system // LexRussica. 2022. No. 6 (187). pp. 74-84.
6. Plahota K. S. The use of video-conferencing by the investigator (interrogating officer) in the course of investigative actions. Izvestiya TulGU. Economic and legal sciences. 2022. No. 1. P. 98-105.
7. Pobedkin A. V. Production of investigative actions using videoconferencing systems in pre-trial proceedings: the framework of procedural guarantees // Bulletin of the UYUI. 2022. No. 1 (95). pp. 77-84.
8. Ponomarenko Yu. N. Features of interrogation, confrontation, identification by using videoconferencing systems: current problems and ways to solve them. Vestnik nauki. 2022. No. 6 (51). pp. 257-263.
9. Ramaldanov Kh. Kh. Digital evidence obtained by using videoconferencing systems // Actual problems of Russian law. 2022. No. 11 (144). pp. 124-131.
10. Rosovskaya E. V. Influence of the use of videoconferencing during the interrogation of a witness on the reliability of his testimony // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2022. No. 4 (63). pp. 59-64.
11. Sementsov V. A. Digitalization of domestic criminal justice: an evolutionary approach // Legal Bulletin of the Kuban State University. 2019. No. 3. S. 24-28.
CRIMINAL PROCEDURE
MELODIEV Alexey Alexandrovich
postgraduate student of the 4th course of the University of the Prosecutor’s Office of the Russian Federation
THE CONCEPT, PURPOSE AND CLASSIFICATION OF PREVENTIVE MEASURES
The article discusses the main provisions, essence and features of criminal procedural measures of restraint, including the legislative gaps of this institution, which are reflected both in theoretical and practical activities. The author shows that in order to improve the institution of criminal procedural measures of restraint, it is necessary to develop a clear legal basis for its application in the current criminal procedure legislation of Russia, namely, to include the concept of preventive measures in the Code of Criminal Procedure of the Russian Federation, to remove from the law an indication of the fact that in relation to a suspect a measure of restraint may be chosen only in exceptional cases, to properly ensure the rights of the suspect, and so on.
Keywords: preventive measures, criminal procedure institute, criminal procedure legislation, classification, coercive measures.
Reference list
1. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ // Rossiyskaya Gazeta dated December 22, 2001 No. 249.
2. Buryakov A. D. Measures of restraint in the Soviet criminal process: Abstract of the thesis. … cand. legal Sciences. – M., 1967. – S. 13.
3. Golovko L. V. The need to apply organizational measures to overcome negative trends in the development of criminal and criminal procedure legislation // Law. – 2012. – No. 9. – P. 70.
4. Muravyov K. V. Optimization of legislation on preventive measures // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (81). – P. 53.
5. Petrukhin I. L. Inviolability of the person and coercion in the criminal process. – M., 1989. – P. 105.
6. Ryzhakov A. P. Criminal process: a textbook for universities. – M .: Publishing House Delo and Service, 2011. – P. 98.
CRIMINAL AND EXECUTIVE LAW
BEVZ Leonid Vladimirovich
senior lecturer of Mobilization and tactical-special training sub-faculty of the Academy of the FPS of Russia
ON THE ISSUE OF PREVENTION OF ESCAPE ACTIVITY OF CONVICTS FROM PLACES OF DEPRIVATION OF LIBERTY
The author in the article considered the organizational and managerial mechanism for the prevention of escapes from supervision, analyzed the results of a comprehensiveinterstate operational and preventive measure under the conditional name “Search”. The main causes and conditions conducive to convicts escaping from supervision are revealed, areas for the prevention of escape activity of convicts in their places of deprivation of liberty are identified.
Keywords: means of correction, escape, operational and preventive measures, the identity of the convicted person, correctional institution, the established procedure for serving a sentence.
Reference list
1. Gorkina S. A. On the issue of educational impact on convicts in places of deprivation of liberty // Organizational and legal support for the activities of institutions and bodies of the Federal Penitentiary Service of Russia: problems and development prospects: materials of the interuniversity scientific and practical conference dedicated to the memory of the Honored Scientist of the RSFSR, Doctor of Law Sciences, Professor A. I. Zubkov, Day of Russian Science, the 140th anniversary of the penitentiary system and the 85th anniversary of the Academy of the Federal Penitentiary Service of Russia, Ryazan, February 08, 2019. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2019. – P. 49-52.
2. Minkova E. A., Gorkina S. A. Organizational and managerial factors that determine violent crime in correctional colonies // Eurasian legal journal. – 2017. – No. 3 (106). – S. 226-227.
CRIMINAL AND EXECUTIVE LAW
EPIFANOV Oleg Stanislavovich
Ph.D. in Law, associate professor, associate professor of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
KOSHELUK Bogdan Evgenjevich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for the Training of State and Municipal Employees of the Academy of the FPS of Russia
ON ENSURING THE SAFETY OF STAFF OF CORRECTIONAL INSTITUTIONS AND MEASURES TO INCREASE IT
The article examines the issues of ensuring the safety of employees of correctional institutions and measures to improve it, such as prophylactic registration of convicts prone to assaulting employees; improving the organization of various forms of supervision of convicts; improving the use of physical force and special means by employees in the suppression of attacks by convicts, the use of certain types of technical means of supervision and control to ensure the safety of employees of correctional institutions.
Keywords: security, employee, correctional institution, organization of supervision, convict.
Reference list
1. Epifanov S. S. Legal regulation and organization of the use of special equipment in the penitentiary system in order to prevent offenses. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2010. – 269 p.
2. Epifanov O. S. Regulation of the use of special equipment for convicts and persons held in custody in international standards and Russian penal legislation // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia / Editor-in-Chief A. A. Votinov. Volume Issue 3. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2015. – P. 100-105.
3. Commentary on the Standard Minimum Rules for the Treatment of Prisoners / Ed. ed. Yu. I. Kalinina; scientific ed. A. Ya. Grishko. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2005. – 212 p.
4. Scientific and practical commentary to the Federal Law “On operational-search activity” (item-by-article) / K. K. Goryainov, S. S. Epifanov, A. N. Zhuravlev [and others]. – Moscow: Limited Liability Company “Prospect”, 2023. – 128 p.
5. Panarin D. A., Suntsov A. E. Legislative regulation of the use of physical force by employees of the penitentiary system and the circulation of special means and firearms: study guide. allowance. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2009. – Book. 29. – 36 p.
CRIMINAL AND EXECUTIVE LAW
MARCHENKO Dmitriy Eduardovich
Ph.D. in Law, associate professor, associate professor of Management sub-faculty of the Samara State University of Railways, retired colonel of the internal service
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
ON THE ISSUE OF CLASSIFICATION OF LEGAL ACTS OF THE FEDERAL PENITENTIARY SERVICE
In the educational literature, there is actually no classification of acts of the Federal Penitentiary Service. The authors consider the types according to their form, levels of departmental management, duration and purpose. The article describes the main forms of legal acts of the Federal Penitentiary Service. Many acts issued by the heads of the Federal Penitentiary Service are normative, but due to departmental rules they cannot be considered as such. Officially, regulations of the Federal Penitentiary Service of Russia are issued only by orders of the director. The authors question this fact.
Keywords: Regulatory legal act, individual legal act, order, order, execution of criminal penalties, management levels, normative activity, regulations, rules, regulations, classification of legal acts.
Reference list
1. Ponikarov V. S. Forms and acts of compliance, execution, use and application of legal norms in the administrative activities of employees of the penal system // Bulletin of the penal system. – 2015. – № 4.
2. Odinokova E. A. Departmental legal acts: legal force and problems of systematization // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2011. – No. 2 (50).
3. Malysheva M.V. Legal and normative nature of acts of bodies and institutions of the penal system // Bulletin of the Kuzbass Institute of the Federal Penitentiary Service of Russia. – 2022. – № 12.
CRIMINAL AND EXECUTIVE LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher 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 the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
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»
PSYCHOLOGICAL SUPPORT OF MINORS CONVICTED IN EDUCATIONAL COLONIES
Juvenile delinquency is a significant problem in various countries of the world. In turn, this requires the organization of a system of upbringing and re-socialization of juvenile convicts, which includes numerous aspects, including psychological support. This article examines the analysis of theoretical and practical works that were aimed at studying the issue of psychological support of juvenile convicts in educational colonies.
Keywords: juvenile convicts, psychological support, educational colony, socio-psychological adaptation, penal system.
Reference list
1. Polyakova Ya. N., Lobacheva L. P. Psychological characteristics of employees working with juvenile convicts held in educational colonies // Scientific support of psychological, pedagogical and social work in the penitentiary system: Collection of materials of the All-Russian Scientific and Practical Conference, dedicated to the 25th anniversary of the formation of the psychological service of the penitentiary system, Ryazan, March 31, 2017 / Under the general editorship of D.V. Sochivko. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2017. – P. 213-220.
2. Pavlova L. V. Neglect and homelessness of a minor as determinants of delinquent behavior // Organizational and legal support for the activities of penitentiary inspectorates at the present stage: a collection of materials from a correspondence round table, Moscow, June 26, 2020. – Moscow: Federal State Institution “Research Institute of Information Technologies of the Federal Penitentiary Service”, 2020. – P. 167-170.
3. Pirozhkov VF Psychological foundations for the re-education of convicts in educational labor colonies. – M.: Prospekt, 2013. – S. 174-180.
4. Zorina N. S. Aspects of the formation of the moral stability of convicted juveniles in the process of educational activity // Law and Law. – 2022. – No. 11. – P. 163-165.
5. “The Penitentiary Code of the Russian Federation” Access from reference. – legal system “ConsultantPlus”.
CRIMINAL AND EXECUTIVE LAW
PASHKOVA Ekaterina Nikolaevna
adjunct of the Faculty of Preparation of Scientific and Pedagogical Staff of the Academy of the FPS of Russia
GENESIS OF CONTROL OVER PAROLEES
The article deals with the historical aspect of control over parole convicts. The author analyzes in detail the legal framework of different historical periods. At each stage, the importance of control over parolees is emphasized, the subject composition is indicated, and the range of duties subject to control is determined. In the process of retrospective analysis, the author’sclassification of the development of control over paroled convicts is proposed.
Keywords: penal law, parole, convict, control over parolees.
Reference list
1. Mikhlin A. S. Problems of early release from punishment. – M., 1982. – P. 66.
2. Malin A.P. Criminal law and penitentiary problems of parole from serving a sentence of imprisonment. – Krasnodar: Krasnodar Law Institute of the Ministry of Internal Affairs of Russia. – 2001. – P. 6.
3. Collection of Codes and Orders of the Government of 1909. – No. 126. – Art. 1216.
4. Babayan S. L., Garibyan K. K. The history of the development of the institution of parole in Russia // Penitentiary science. – 2020. – No. 1 (64). – P. 38-43.
5. Code of Laws of the Russian Empire. – T. 14. – 863 p.
6. Lyublinsky P. I. The main features of parole under the Law of June 22, 1909. – Moscow: typolithography of Vladimir Chicherin, 1910. – 48 p.
7. Kuznetsova N. F. Crime and crime. – M., 1969. – 232 p.
8. History of Stalin’s Gulag. The end of the 1920s – the first half of the 1950s: Collection of documents in 7 volumes. T. 6. Uprisings, riots and prisoner strikes. – M.: ROSSPEN, 2004. – 736 p.
9. Shmarov IV Prevention of crimes among those released from punishment. – M.: Legal literature, 1974.
10. Guskov VI Socio-legal issues of prevention of recidivism. – Ryazan, 1975. – 174 p.
CRIMINAL AND EXECUTIVE LAW
KURLYSHEV Andrey Olegovich
magister student of the 1st course of the Far Eastern Federal University, Vladivostok
SHAGVALEEVA Valeriya Yurjevna
bachelor of the Far Eastern Federal University, Vladivostok
MEDICAL AND SOCIAL PROBLEMS OF DETENTION IN PENITENTIARY INSTITUTIONS OF THE RUSSIAN FEDERATION
Every year, thousands of suspects, accused and convicted die behind bars. Most – from various cardiovascular, oncological diseases, HIV. The death rate in Russian penitentiary institutions is twice the median for the member countries of the Council of Europe. This article analyzes the problems of detention in penitentiary institutions of the Russian Federation and suggests ways to solve it.
Keywords: penitentiary institutions, pre-trial detention center, colonies, prisoners, medical care in correctional institutions, medical services of the penitentiary system.
Reference list
1. Ilyintsev E. V., Kononets A. S., Kuznetsova A. S., Larionova I. I. The state of health of persons in penitentiary institutions: history and modernity // Problems of standardization in health care. – 2021. – No. 3–4. – P. 32-39.
2. Nistratova I. S. Problems of medical support for convicts sentenced to deprivation of liberty, patients with socially significant diseases // Yurist – Pravoved. – 2016. – No. 5 (78). – pp. 114-119.
CRIMINALISTICS
NAKHAPETYAN Minas Gevorgovich
adjunct of the 1st course of Criminalistics sub-faculty of the East Siberian Institute of the MIA of Russia
FEATURES OF USE OF SPECIAL KNOWLEDGE IN THE INVESTIGATION OF THEFT AND THEFT OF CARS
The article discusses the content, features, the problem of efficiency, systemic and situational approaches to the use of special knowledge in the investigation of theft and theft of vehicles in modern Russia, taking into account their contradictory dynamics and statistics.
The growth of the demand for special knowledge against the background of improving the technical and other special skills of criminals is shown. A systematic approach to special knowledge is substantiated, applicable and applicable to certain, specific investigative situations. A critical assessment of the argumentation of the situational approach is given.
The continuity of understanding the essence and content of special knowledge from the Soviet period is shown, the list of operational-search activities is thinned, within which the need to attract specialists is seen. The features of the application of special knowledge are systematized.
Keywords: theft, theft of vehicles, special knowledge, expertise, specialist, expert.
Reference list
1. Gainelzyanova V. R. The use of special knowledge in the investigation of crimes related to violation of traffic rules and operation of vehicles: diss. … cand. legal Sciences. – Chelyabinsk, 2012. – 189 p.
2. Gribunov O. P. The use of special knowledge in the detection of theft of vehicles // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (90). – P. 125-132.
3. Gusev A. V. The concept of formationsof special forensic knowledge and the mechanism for their implementation outside the forensic activities of criminal proceedings: legal, theoretical, methodological and applied aspects). – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2013. – 495 p.
4. Zaitsev R. V. The use of special knowledge in the investigation of crimes related to the theft of vehicles // Forensic examination. – 2006. – No. 4 (8). – P. 12-17.
5. Isaeva L. M. Theoretical foundations for the use of special knowledge in criminal proceedings // Forensic Readings: Sat. scientific Art. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2005. – S. 75-78.
6. Korotyanets Ya. N. Tactical operations to search for stolen and stolen vehicles: dis. … cand. legal Sciences. – M.: YuI MVD of Russia, 2013. – 180 p.
7. Plotnikov A. S. Situational approach and methodology of social and humanitarian knowledge // Values and meanings. – 2017. – No. 1. – P. 100-111.
8. “You need to react immediately”: the traffic police named the number of car thefts since the beginning of the year // Autonews. – 2023. – December 13. [Electronic resource]. – Access mode: https://www.autonews.ru/news/639741449a79479be2aaa7d3.
9. Sokolovsky ZI The concept of special knowledge // Forensic science and forensics. – 1969. – № 6.
10. Trapeznikova I. I. Special knowledge in the criminal process of Russia. – Chelyabinsk, 2006. – S. 27.
11. Finogenov VF Theoretical and practical problems of the search for stolen, stolen and fled the scene of vehicles: author. dis. … cand. legal Sciences. – Saratov, 2007. – 23 p.
CRIMINALISTICS
AKBAROV Ilnar Irekovich
magister student of Criminal law and process sub-faculty of the Institute of Law of the Ufa University of Science and Technology
GALYAUTDINOV Rushan Radikovich
Ph.D. in Law, assistant of Criminalistics sub-faculty of the Institute of Law of the Ufa University of Science and Technology
EVALUATION OF THE CONCLUSION OF A SPECIALIST IN ECONOMIC CRIMES
The article deals with issues related to the assessment of the conclusion of a specialist in economic crimes. The procedural status of a specialist as a participant in criminal proceedings is studied. The analysis of criminal procedural norms, the practice of the highest court is carried out, the specificity and problems of the legal regulation of the issues under consideration are revealed. Legislative gaps are identified and recommendations are made to fill them. An analysis of law enforcement practice and the norms of criminal procedural legislation indicates that there is a problem of accepting the conclusion of a specialist as a type of evidence by the court. The specialist acts as an important subject of legal relations, which can ensure the implementation of the principle of competitiveness of the parties, equal observance of rights and guarantee a fair court decision. The status of a specialist should be clearly indicated in the Code of Criminal Procedure of the Russian Federation, as well as the procedural rules that resolve the problem of accepting a specialist’s opinion as significant evidence by the court.
Keywords: expert opinion, specialist, economic crimes, criminal proceedings, assessment, special knowledge, proof.
Reference list
1. Anesheva A. T. Situations of obtaining the opinion of a specialist and testimony of a specialist // Society and Law. – 2022. – No. 4 (82).
2. Golovko L. V. The course of the criminal process. – M.: Statut, 2021.
3. Grigoriev V.P. Features of attracting a specialist to participate in investigative actions // Bulletin of the Vladimir State University. – 2015. – № 6.
4. Dyagtereva N. I. On some directions of improving the legislation on liability for crimes against justice related to the concealment and falsification of evidence. Russian investigator. – 2009. – № 22.
5. Zaitseva E. A. Tactical aspects of interrogation of a specialist in court // News of the Tula State University. – 2016. – No. 2-3.
6. Lazareva L. V. Interrogation of a specialist in criminal proceedings: legislative regulation is necessary // Russian justice. – 2009. – № 3.
7. Ovsyannikov I. V. Discussions about the conclusion of a specialist for 10 years // Legitimacy. – 2015. – № 2.
8. Rossinsky S. B., Rasulova N. S. Expert opinion and expert opinion as a means of proof in criminal proceedings: what are the criteria for their differentiation? // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (34).
9. Stukalin I. V. On the issue of individual rights and obligations of a specialist and expert // Collection of materials of forensic readings. – 2018. – No. 15.
10. Tarasov A. . Expert and specialist in criminal procedure. – M., 2017.
11. Yargutova V. Yu. Participation specialistand in the formation of evidence in criminal cases on crimes in the field of economic activity: theoretical and applied aspects. – Dis. … cand. legal Sciences. – N. Novgorod, 2020.
CRIMINALISTICS
ISHBULATOV Ilgam Ilshatovich
magister student of the 1st course of the full-time education of the Ufa University of Science and Technology
GALYAUTDINOV Rushan Radikovich
assistant of Criminalistics sub-faculty of the Ufa University of Science and Technology
TACTICS OF PREPARATION OF THE PUBLIC PROSECUTOR FOR THE CRIMINAL PROCEEDINGS OF THE FIRST INSTANCE
In this research paper, the question of the need for a deep level of knowledge in the field of criminology science to the staff of the prosecutor’s office, its practical application in the study of the materials of the criminal case received from the investigator and inquirer with an indictment, act or resolution is considered. The authors, based on the study of legislation, judicial practice and statistics, as well as scientific papers, argue in favor of increasing the effectiveness of criminal prosecution using forensic tactics and techniques. Also in this paper, the authors consider the issue of tactical planning in the preparation of the public prosecutor to participate in the court of first instance.
Keywords: prosecutor, public prosecutor, forensic tactics, forensic methodology, indictment, indictment, indictment, inquiry, investigation, preliminary investigation bodies, criminal proceedings, tactical planning, tactical forecasting.
Reference list
1. Shadrin V. S. Anniversary conference – a milestone in the development of the Institute and criminalistics // Criminalist. – 2011. – No. 2 (9). – P. 5. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=26112192 (date of access: 03/26/2023).
2. Isaenko VN Forensic training of prosecutors involved in criminal proceedings // Legitimacy. – 2011. – No. 6. – P. 4. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=16538155 (date of access: 03/26/2023).
3. Ganicheva E., Serova E. Preparation of the public prosecutor for the trial // Legality. – 2007. – No. 3. – P. 17. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=12897599 (date of access: 03/26/2023).
4. A guide for public prosecutors: a forensic aspect of activity / Ed. O. N. Korshunova. – St. Petersburg: Publishing House “Legal Center Press”, 2003. – P. 88.
5. Maintaining public prosecution in court: a manual / [Coll. ed. M. P. Malyarov, L. E. Arotsker, Yu. V. Korenevsky and others,] / Ed. M. P. Malyarova. – M.: Yurid. lit., 1970. – S. 24.
CRIMINALISTICS
KUSTOVA Nadezhda Konstantinovna
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE PRODUCTION OF A PORTRAIT EXAMINATION ON PHOTO AND VIDEO IMAGES
This article analyzes the practice of using portrait examinations on photo and video images. The video materials of the Safe City APK are increasingly becoming the object of this examination. When performing a portrait examination on video materials, a forensic expert encounters certain difficulties, due to the fact that most of the video images are not suitable for conducting research on them. The problematic issues of identification of persons by video images and the reasons for their occurrence are given. When writing the article, an analysis was carried out of the portrait examinations carried out on video images in the forensic center of the Central Internal Affairs Directorate for the Krasnodar Territory.
Keywords: portrait examination, video materials, video images, Safe City APK.
Reference list
1. Kuznetsov A. V., Potyupina A. V. Problematic issues related to the production of portrait examination on video images // Encyclopedia of forensic examination. – 2017. – No. 2 (13). – S. 105-108.
CRIMINALISTICS
KARPINSKIY Dmitriy Anatolyevich
adjunct of the Academy of Management of the MIA of Russia, Deputy Head of the Department for Drug Trafficking Control of the AMIA of Russia in Sevastopol, lieutenant colonel of police
PRELIMINARY INVESTIGATION AND INITIAL STAGE OF INVESTIGATION OF FRAUDS RELATED TO PARANORMAL AND OCCULT SERVICES
The article studies the problematic issues arising at the initial stage of the investigation of frauds related to the paranormal and occult services. The author analyzes the circumstances to be established and proved by the specified type of crime, makes proposals for the development of a private methodology of investigation.
Keywords: crime investigation methodology, fraud, paranormal services, occult services, pretrial investigation, stages of investigation, money transfer systems, information technology, criminal tactics.
Reference list
1. Kustov A. M. Forensic technique. New scientific research. 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), dedicated to the 20th anniversary of the department of criminology, Krasnodar, September 28–29, 2018 / Managing editor G. M. Meretukov. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2019. – P. 90-97.
2. Agafonov V. V. (et al., ed. A. G. Filippov) Criminalistics. – M.: DGSK MIA of Russia, 2012. – P. 589.
3. Antonova E. A., Badzgaradze T. A., Rodina E. Yu. Criminalistics. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 212.
4. Leinova O.S., Sotnikov K.I., Lantukh E.V. (and others) Criminalistics – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 284.
CRIMINALISTICS
KITAEV Nikolay Nikolaevich
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University, Honored Lawyer of the Russian Federation, Honorary Professor of the Boris Yeltsin Kyrgyz-Russian Slavic University
KITAEVA Valentina Nikolaevna
Ph.D. in Law, associate professor, associate professor of Criminalistics, forensic expertise and legal psychology sub-faculty of the Baikal State University, Irkutsk
FORENSIC PSYCHOLOGY AND BIORHYTHMOLOGY IN THE INVESTIGATION OF CRIMES
The article shows the necessity to integrate the achievements of psychology and biorhythmology into criminology in order to solve the problems of crime investigation. The role of taking into account by experts-psychologists the biorhythmological characteristic of the accused during carrying out of engineering-psychological examination is described. Possibilities of forensic-psychological expertise for further determination by biorhythmologists of the “vulnerable” period of mentality of the accused and use of the received data by determination of the tactics of verbal investigative actions are considered. Analysis of possible correlations of criminals’ biorhythms with their acts and suicide is given. The significance of knowledge in the field of psychology and biorhythmology for the improvement of private methods of investigation of certain types of crimes is revealed.
Keywords: forensic psychological examination, forensic psychological and psychiatric examination, biorhythmology, crime detection and investigation, post-criminal suicide.
Reference list
1. Kryazhev V. S. Search and cognitive activity in the process of solving and investigating crimes: from the past to the present // Siberian Criminal Procedure and Forensic Readings. 2020. No. 2. P. 55-64.
2. Popular medical encyclopedia. 5th ed. / Ed. acad. V. I. Pokrovsky. Moscow: Oniks, Alliance-V, 1998. 688 p.
3. Meshkov V. M. Time in the criminal process and criminalistics. Moscow: Yurlitinform, 2018. 240 p.
4. Bakst A. Engineering and psychological expertise // Socialist legality. 1980. No. 2. P. 44.
5. Romanov N. S. Actions of the driver as a subject of research in forensic autotechnical expertise // Criminalistics and forensic expertise. Kyiv, 1988. Issue. 36. P. 85-90.
6. Sukhodolsky GV Engineering and psychological expertise of road traffic accidents. Kharkov: Humanitarian Center, 2006. 156 p.
7. Bilenko N. P., Ardashev R. G. Monthly rhythm of medical, forensic, social, man-made and natural excesses (approaches to chronoprognosis and prevention). Ulan-Ude: Publishing House of the Buryat State University, 2023. 195 p.
8. Bilenko N. P. Chrono-medical aspects of prognosis and prevention of socially significant diseases in children: dis. … doc. honey. Sciences. Moscow, 2005. 215 p.
9. Letter No. 12202007703001182 dated January 13, 2023. Personal archive of N. N. Kitaev.
10. Bilenko N. P., Ardashev R. G. Medical and criminological and forensic aspects of research on monthly biorhythms. Ulan-Ude: Publishing House of the Buryat State University, 2019. 140 p.
11. Gilinsky Ya. I. Review of the monograph by A. N. Bilenko and R. G. Ardashev “Medical and criminological and forensic aspects of the study of monthly biorhythms”. Ulan-Ude, 2019. // Law and law. 2020. No. 1. P. 197.
12. ArdaShev R. G., Bilenko N. P. On some aspects of forensic suicidology // Law and Law. 2019. No. 3. P. 118-120.
13. Ardashev R. G. Investigation of murders associated with post-criminal suicide of the person who committed the crime: author. dis. … cand. legal Sciences. Kaliningrad, 2017. 22 p.
14. Ardashev R. G., Kitaev N. N. Classification of post-criminal suicide of serial killers // Criminological journal of BSUEP. 2012. No. 2 (20). pp. 35-39.
15. Kitaev N. N., Kitaeva V. N. Expert psychological research in criminal proceedings: problems, practice, prospects. Irkutsk: Publishing House of BSUEP, 2002. 432 p.
16. Obraztsov V. A., Bogomolova S. N. Forensic psychology. Moscow: Unity-Dana, Law and Law, 2002. 448 p.
17. Bags V. M. Forensic tactics. M.: Yurlitinform, 2019. 208 p.
18. Archive of the Irkutsk Regional Court, 1991. Sentence of April 19, 1991 in criminal case No. 44-s.
19. Kitaev N. N. Face-to-face confrontation – an effective investigative action in the arsenal of real professionals // Russian justice. 2008. No. 4. P. 24-26.
20. Kitaev N. N., Kitaeva V. N. The use of knowledge about human biorhythms in criminalistics, forensic examination and operational-search activity // Law and Law. 2020. No. 1. P. 160-162.
21. Sudakova T. M. Neuroscience and neurocriminology: methodological principles of integration // Academic legal journal. 2022. V. 23. No. 2. S. 179-186.
22. Grosheva D. V., Loganova A. Yu. On the prospects for the application of the science of chronobiology in the conduct of investigative actions // Evolution of Russian law: proceedings of the correspondence conference (April 30, 2020). Yekaterinburg, 2020. P. 57-58.
23. Criminalistics / Ed. V. A. Obraztsova. Moscow: Yurist, 1997. 760 p.
24. Lobov V. M. Pattern of committing crimes and the method of investigation according to the rhythms of the offender // Investigator. 2005. No. 8. S. 59-60.
CRIMINALISTICS
KOVALEV Vitaliy Vitaljevich
Ph.D. in technical sciences, associate professor, Head of Firearms and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
MUKHAMETSHIN Aydar Faimovich
Head of Operational investigative activities sub-faculty of the Ufa Law Institute of the MIA of Russia
ALEKSEEV Anton Olegovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
ON THE QUESTION OF THE PRACTICAL SIGNIFICANCE OF OPERATIONAL-INVESTIGATIVE CHARACTERISTICS OF CRIMES ON THE EXAMPLE OF SOLVING MURDERS
There is no consensus in the scientific community regarding the independent existence of such a term as “operational investigative characteristics of crimes”. A number of scientists believe that this category is only a collective concept consisting of elements of criminal law, criminalistic and criminological characteristics of crimes. Meanwhile, the experience of operational investigative units, combined with the current situation of increased turnover and a significant decrease in the average age of operational staff, leads to the conclusion that the development, study and practical application of knowledge about operational investigative characteristics of crimes can significantly speed up the process of solving crimes and increases the effectiveness of this activity.
Keywords: operational-investigative characteristics of crimes, detection of murders, operational-investigative activities, operational-investigative measures.
Reference list
1. Zakhartsev S. I. Science of operational-search activity: philosophical, theoretical, legal and applied aspects. – St. Petersburg, 2011. – P. 132.
2. Kharaev A. A., Martynenko O. V. Forensic characteristics of murders // Journal of Applied Research. – 2021. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminalisticheskaya-harakteristika-ubiystv (date of access: 03/19/2023).
3. Federal Law of August 12, 1995 No. 144-FZ “On operational-search activity” (as amended of December 29, 2022 No. 638-FZ) // Rossiyskaya Gazeta. – 1995. – August 18.
CRIMINALISTICS
NIZAEVA Svetlana Ramilevna
Ph.D. in Law, Deputy chief of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES RELATED TO INTENTIONAL HARM TO HEALTH
The article examines the relevance of creating a private methodology for investigating intentional harm to human health, namely, the study of the criminalistic characteristics of crimes of this type, its structural elements. As the central elements of the investigate type of crime, the author highlights the ways of causing serious harm to health, the characterristics of the suspect’s personality. It is proposed to trace correlations between the characteristics of the personality of a suspect in a crime and his choice of the method of committing it, as well as the instrument with which intentional harm to human health is caused.
Keywords: injury to health, forensic characteristics, the identity of the suspect, methods of committing a crime.
Reference list
1. Bychkov VV Crimes against health: criminal law and forensic counteraction: a textbook for universities. − M.: Yurayt, 2023. − 345 p.
2. Vardanyan A. V., Terekhov A. Yu., Aivazova O. V. Disclosure and investigation of serious violent crimes against life and health: a teaching aid. – 2nd ed., revised. and additional − Rostov n/a: FGKOU VO RUI of the Ministry of Internal Affairs of Russia, 2019. − 272 p.
3. Official website of the portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru/analytics (date of access: 10.04.2023).
4. Article 5 of the Medical Criteria for Determining the Severity of Harm Caused to Human Health, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 24, 2008. No. 194 n, adopted in pursuance of Decree of the Government of the Russian Federation of August 17, 2007 No. 522 “On Approval of the Rules for Determining the Severity of Harm Caused to Human Health”. [Electronic resource]. – Access mode: http//www.consultant.ru (date of access: 04/12/2023).
5. Verdict of the Oktyabrsky District Court of Ufa in case No. 1-499/2020. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
CRIMINALISTICS
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
CHERKASHEV Nikita Gennadievich
cadet of the 5th course of the Crimean branch of the Krasnodar University of the MIA of Russia
PECULIARITIES OF THE PRODUCTION OF CERTAIN INVESTIGATORY ACTIONS WHEN REVEALING THE UNDERGROUND LABORATORY FOR THE PRODUCTION OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES, THEIR ANALOGUES AND PRECURSORS
The drug business, which is actively gaining momentum, relies to a greater extent on the production of drugs in clandestine laboratories. The article examines the features of the production of investigative actions on the fact of revealing an underground laboratory for the production of narcotic drugs, psychotropic substances, their analogues and precursors: inspection of the scene, search and investigative experiment. The most probable places of their discovery, the composition of the investigative-operational group, technical and forensic means used in the production of investigative actions are determined. Attention is paid to compliance with safety regulations, preparation and algorithm for the production of each mentioned investigative action.
Keywords: clandestine laboratory, inspection of the scene, search, investigative experiment, safety precautions, narcotic drugs, psychotropic substances, precursors.
Reference list
1. Portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru (date of access: 03/25/2023).
2. Ermakov Yu. M., Isakov S. A., Simonenko A. V., Novikov V. P. Drug addiction and drug trafficking. Questions of the theory and practice of counteraction: a tutorial. – M.: Unity-Dana Publishing House, 2006. – 304 p.
3. Directory of the interrogator. Inspection of the scene, forensic support for the appointment of examinations, the use of procedural coercion measures. [Electronic resource]. – Access mode: https://studwood.net/1150436/pravo/osmotr_mesta_proisshestviya_nezakonnom_oborote_narkoticheskih_sredstv_psihotropnyh_veschestv_analogov (accessed 17.04.2023).
4. Kosarev S. Yu. Crimes associated with potent and poisonous substances: forensic characteristics and features of the investigation: monograph [Text] / S. Yu. Kosarev. – St. Petersburg: Publishing House of the Legal Center Press, 2004. – 220 p.
5. Drapkin L. Ya., Pyatkova I. G. tactical and forensic aspects of conducting an investigative experiment. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/taktiko-kriminalisticheskie-aspekty-provedeniya-sledstvennogo-eksperimenta/viewer (Accessed 04/17/2023).
CRIMINALISTICS
SKRYNNIKOV Alexander Evgenjevich
postgraduate student of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
DIGITIZATION OF EXPERT COLLECTIONS: AUTHENTICITY AND VALIDATION
The article deals with the problems of digitalization of reference and information funds (RIF) and physical samples, as well as access to them by forensic experts at the interdepartmental level. The experience of forming, maintaining and using local forensic expert collections is investigating and the reasons for the difficulties of their widespread use in forensic practice (establishing reliability, objectivity, lack/insufficiency of an adequate form of representing collection objects, etc.) are identified . The article also assesses the feasibility of physical samples digitalization. Based on the study of scientific literature and modern judicial practice, the author proposes a matrix form for representing collection objects and outlines its advantages. The paper concludes that the approach to the digitalization of collections, based on the principles of duplication of channels for the transmission of digitized collections and the preservation of information at all stages of its receipt and processing, contributes to the rapid network exchange of information between forensic institutions.
Keywords: digitalization, reference and information funds, physical samples, matrix approach, authrnticity, objectivity, validation, forensic institutions.
Reference list
1. Bednyakov I. L., Kubanov V. V. Using the results of genomic accounting and registration activities in crime detection: current state and development prospects // Legal Bulletin of Samara University. – 2017. – V. 3. No. 3. – P. 90-93.
2. Biryukov VV, Biryukova TP Forensic identification as a special method of forensic science and its role in the investigation of crimes. Siberian Legal Review. – 2019. – T. 16. No. 2. – S. 209-215.
3. Bychkov V. V., Vekhov V. B. Electronic trace formation of criminal activity on the Internet // Investigation of crimes: problems and ways to solve them. – 2020. – № 1. – С 106-111.
4. Veprev S. B., Nesterovich S. A. On the possibility of using data mining technology in the investigation of criminal cases // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2019. – No. 3. – P. 72-77.
5. Glebova O. Yu. Problems of the organization and functioning of forensic accounting of medical prescriptions with signs of forgery. Bulletin of the Altai State University. – 2014. – No. 2-1. – P. 94-98.
6. Zhavoronkov V. A. Tasks of forensic examination of vehicle markings // Theory and practice of forensic examination. – 2019. – T. 14. No. 1. – P. 70-79.
7. Kornienko I. V., Faleeva T. G., Rakuts V. S., Ivanov I. N., Sidorenko Yu. S. The need to create a national DNA repository of biological samples in the Russian Federation // Theory and Practice of Forensic Science. – 2018. – T. 13. No. 4. – P. 60-67.
8. Latyshov I. V., Garmanov V. V. Some issues of determining the method of production of small arms firearms // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – T. 11. No. 1. – P. 119-125.
9. Moiseev A. M. Digitalization of collections in forensic science // Vector of Science TSU. Series: Legal Sciences. – 2021. – No. 1. – P. 31-38. doi: 10.18323/2220-7457-2021-1-31-38
10. Rossinskaya E. R. Digitalization of reference and information funds for forensic and forensic purposes as part of the doctrine of the digitalization of forensic registration // Bulletin of the University named after O. E. Kutafin (MSLA). – 2020. – No. 6. – P. 23-32.
11. Rossinskaya E. R. Problems of the use of special knowledge in the forensic investigation of computer crimes in the context of digitalization // Bulletin of the O. E. Kutafin University (MSLA). – 2019. – No. 5. – P. 31-44.
12. Rossinskaya E. R. To the question of the private theory of information and computer support for criminalistic activity // News of the Tula State University. Economic and legal sciences. – 2016. – No. 3-2. – P. 109-117.
13. Safonov A. A. Fundamentals of organizational and information support for the production of diagnostic studies in trasology // Criminal justice: problems of theory and practice. – 2019. – No. 1. – P. 155-157.
14. Semikalenova A. I. Digital traces: appointment and production of examinations // Bulletin of the University named after O. E. Kutafin (MGYuA). – 2019. – No. 5. – P. 115-120.
15. Smakhtin E. V. Countering crime by forensic means in the Russian Federation and abroad: a comparative legal analysis // Legal Science and Law Enforcement Practice. – 2019. -№ 1. – P. 165-172.
16. Smirnova S. A., Omelyanyuk G. G., Usov A. I. Actual problems of legislative consolidation of innovations in forensic activities in the Russian Federation // Theory and Practice of Forensic Science. – 2016. – No. 1. – P. 26-35.
17. Somik K. V., Khabibulin A. G. SovImproving the counteraction of economic crime using the possibilities of the Internet and cryptographic means // Theory of State and Law. – 2020. – No. 4. – P. 220-231.
18. Chesnokova E. V. Standards in the field of forensic examination as a tool for implementing a unified scientific and methodological approach in forensic activities // Bulletin of economic security. – 2020. – No. 2. – P. 242-246.
19. Chesnokova E. V. On the issue of assessing the suitability of the methodology for studying vehicle markings for forensic activities // Theory and Practice of Forensic Science. – 2018. – T. 13. No. 3. – S. 25-30.
CRIMINOLOGY
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»
SADYKOVA Regina Aidarovna
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”, captain of the internal service
THE INFLUENCE OF THE CRIMINAL SUBCULTURE ON THE FORMATION OF THE PERSONALITY OF A MINOR
The criminal subculture is based on the defects of legal consciousness: socio-legal infantilism, legal lack of culture, socio-legal negativism, cynicism, and is formed in a special “philosophy” of the criminal lifestyle. This article examines the peculiarities of the influence of the criminal subculture on the formation of the personality of a minor. Some preventive measures are considered to prevent the impact on the manifestation of criminal subculture among minors.
Keywords: criminal subculture, causes of crime, illegal behavior, minor, youth.
Reference list
1. Zorina N. S. On some aspects of the criminal subculture // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia. Volume Issue 10. Part 1. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2022. – P. 128-130.
2. Babaev T. M., Kargina N. V. Legal psychology: A textbook for students studying in the specialty “Psychology”. – M.: RUDN University, 2016. – 127 p.
3. Denisov N. L. Influence of criminal subculture on the formation of the personality of a juvenile delinquent: author. dis. … cand. legal Sciences. – M., 2002. – 22 p.
4. Zorina N. S., Zorin D. N. Psychological features of the development of adolescents in conditions of family deprivation // Administrative law and process. – 2023. – No. 1. – P. 83-84.
5. Shchegoleva A. N. Features of the influence of criminal subculture on the formation of the personality of a minor // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2019. – No. 2. – P. 209-214.
6. Panova O. B. Formation of the legal consciousness of juvenile convicts in an educational colony: dis. … cand. ped. Sciences. – M., 2005. – 185 p.
7. Pavlova L. V. On the creation of a special federal executive body in the field of protecting the rights of children // Administrative activity of law enforcement agencies of the Russian Federation and foreign countries: Collection of materials of the All-Russian scientific and practical conference dedicated to the 20th anniversary of the Department of Administrative and Financial Law of the Academy of the Federal Penitentiary Service Russia, Ryazan, April 21, 2022 / Under the general editorship of E. V. Senatova. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2022. – P. 85-88.
8. Federal Law of December 30, 2020 No. 489-FZ “On Youth Policy in the Russian Federation” Access from the reference legal system “ConsultantPlus”.
CRIMINOLOGY
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
SWATTING: MANIFESTATION IN MODERN CONDITIONS AND LEGAL MEANS OF COUNTERACTION
The article deals with such an asocial phenomenon as swatting, which is becoming increasingly widespread at the present time, especially among teenagers. Since the most dangerous crime committed by persons involved in swatting is a deliberately false report of an act of terrorism, the author analyzed the main indicators of official statistics under Article 207 of the Criminal Code of the Russian Federation, which allowed to establish the widespread and increased public danger of such a crime. In addition, the fact of the use of swatting in the information war against Russia is being investigated. Based on the analysis of criminal legislation, the measures of criminal legal counteraction to swatting are proposed.
Keywords: crime, punishment, deliberately false message, terrorist act, false information, swatting.
Reference list
1. Meshcheryakov V. A., Potanina I. V., Tsurluy O. Yu., Cherepkov R. A. Influence of information and telecommunication technologies on the ways of committing crimes // Intercultural communication: linguistic foundations and learning strategies. – Voronezh, 2022. – P. 131-136.
2. Drozd A. N. Swating: concept, types and questions of qualification // Issues of criminology, forensic science and forensics. – 2021. – No. 2 (50). – P. 32-37.
LAW ENFORCEMENT
KURGINYANTS Nikolay Vadimovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant of police
NABIEV Valeriy Valerjevich
senior lecturer in Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
KUZNETSOV Sergey Vladimirovich
senior lecturer of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia, lieutenant colonel of police
CHARACTERISTIC FEATURES OF THE INTERACTION OF THE DISTRICT COMMISSIONER WITH OTHER SERVICES AND DIVISIONS OF THE INTERNAL AFFAIRS BODIES IN THE PREVENTION OF EXTREMIST CRIMES
In the prevention and disclosure of crimes of extremist orientation, the district police commissioners play an important role, and this is carried out precisely in the interaction of this service with other divisions of the internal affairs bodies, since in the disclosure of these crimes, information is of great importance, which is just owned by the district police commissioners at their assigned administrative site, the tasks of crime prevention are also described extremist orientation and their solution, district police officers in their official activities often contact citizens, which helps them to collect the necessary information, which further helps to uncover extremist transgressions in cooperation with other divisions of internal affairs bodies and other bodies, also describes a set of measures to prevent crimes in this area.
Keywords: district police commissioner, crime prevention, extremist crimes, internal affairs bodies.
Reference list
1. Zaluzhny A. G. Extremism: the essence and methods of counteraction // Law and Security. – 2019. – No. 6. – P. 12-19.
2. Gadzhiev D.M. Prevention of extremism in Dagestan: municipal level // Law and security. – 2019. – No. 1/2. – S. 75-82.
LAW ENFORCEMENT
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
ALEXEEV Artem Mikhaylovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KHOROLSKIY Vladimir Vitaljevich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
THE PLACE OF FIRE TRAINING IN THE FORMATION OF THE PERSONALITY OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES
The article deals with the question of the place of fire training in the formation of the personality of an employee of the internal affairs bodies, namely, the importance of fire training for a police officer in physical and psychological terms is considered. Hypotheses were put forward, studies were conducted (a survey of students) and the results were revealed. The article provides methodological recommendations for controlling emotions.
Keywords: fire training, police officer, use of weapons, emotional state, personality, fear, emotions, feelings, shooting.
Reference list
1. Akhiyarov R. A., Koshevets G. V. Ensuring the personal security of an employee of the internal affairs bodies // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 364-365. – EDN ZCITRR.
2. Kovtun A. V., Simonova E. P. Features of perception: visual, auditory, kinesthetic // X All-Russian Festival of Science: Collection of reports, Nizhny Novgorod, October 14-15, 2020 / Editorial Board: A. A. Lapshin, I S. Sobol, D. V. Monich, A. A. Smykov [and others]. – Nizhny Novgorod: Nizhny Novgorod State University of Architecture and Civil Engineering, 2020. – P. 798-802. – EDN TVUHTV.
3. Nikolaev N. Yu. Influence of psychological factors on the effectiveness of cadets’ shooting training in the process of studying the discipline “fire training” // Improvement of 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. 145-147. – EDN ZHNMMY.
4. Svyazhenina A. A., Akhiyarov R. A. Psycho-emotional state of an internal affairs officer when firing a shot from a firearm // Legal science in the modern world: current problems and development prospects: collection of materials of the All-Russian round table, Ufa, May 13, 2021. – Ufa: Ufa Legal Institutehere Ministry of Internal Affairs of the Russian Federation, 2021. – P. 75-78. – EDN FGQHQE.
LAW ENFORCEMENT
SOSHIN Alexey Alexandrovich
senior lecturer of Tactical and special training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
MUKHAMETSHIN Aidar Faimovich
Ph.D. in Law, Head of Operational and investigative activities of internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
ON SOME MEASURES TAKEN BY THE LEADERSHIP OF THE INTERNAL AFFAIRS BODIES TO PREVENT AND MINIMIZE THE CONSEQUENCES OF EMERGENCY SITUATIONS ASSOCIATED WITH THE OCCURRENCE OF FOREST FIRES
The consequences of fires affect a wide variety of human activities, and also affect the ecological system. Such consequences include: the death of people, a large number of animals and plants, which invariably leads to a change in flora and fauna, the health of the population and the environment is deteriorating. There is a need for significant material costs for the restoration of the affected territories. In this regard, government authorities at various levels are taking measures to reduce the consequences associated with the occurrence of fires. The article discusses the measures taken by the leadership of the internal affairs bodies to prevent the consequences associated with the occurrence of forest fires.
Keywords: forest fires, consequences of fires, management of the Department of Internal Affairs, activities, interaction, Ministry of Emergency Situations, forest fire situation.
Reference list
1. Large forest fires in Russia in 2017 – 2022 // RIA Novosti 2023. – March 13. – [Electronic resource]. – Access mode: https://ria.ru/20220823/pozhary-1811555622.html Employees.
2. Almost 80% of forest fires in Russia in 2022 occurred in Siberia and the Far East – the Ministry of Natural Resources, the Ministry of Emergency Situations and the prosecutor’s office summed up the fire season / press service of the Ministry of Natural Resources of Russia // Ministry of Natural Resources of Russia – Press Center – News 2022. – December 14. – [Electronic resource]. – Access mode: https://www.mnr.gov.ru/press/news/pochti_80_lesnykh_pozharov_v_rossii_v_2022_godu_prishlis_na_sibir_i_dalniy_vostok_minprirody_mchs_i_/?sphrase_id=550541&ysclid=lfswl2lg7g84636513 9.
3. Against fire / safety encyclopedia – 2023. – March 29. – [Electronic resource]. – Access mode: https://protivpozhara.com/tipologija/prirodnye/posledstvija-lesnyx-pozharov.
4. Legal basis and tactics for the use of special means by employees of the internal affairs bodies: educational and methodological manual / Federal State Treasury Educational Institution of Higher Education “East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation”; compilers: A. A. Soshin, D. V. Kovalev, V. M. Chibunin. – Irkutsk: FGKOU VO VSI MIA of Russia, 2020. – P. 70.
LAW ENFORCEMENT
STUKANOV Ilya Andreevich
postgraduate student of the Russian customs academy, Сhief detective of the Central investigative customs office of the FCS of Russia
ACCOUNTING OF FOREIGN EXPERIENCE IN THE ORGANIZATION OF DETECTIVE ACTIVITIES OF THE RUSSIAN CUSTOMS AUTHORITIES ON THE EXAMPLE OF THE GERMANY
The relevance of the research topic is due to a set of circumstances that directly affect the organization of ensuring Russia’s foreign economic security, including the need to introduce and develop new effective tools for investigative activities in the fight against customs crime. In the course of the study, the regulatory and legal regulation of detective activities of the customs authorities of the Federal Republic of Germany is disclosed, the procedure for authorizing and conducting individual detective activities established in the German criminal procedure legislation and other regulatory acts is described . The organizational and tactical bases of the implementation of detective activities by the customs authorities of the Federal Republic of Germany are considered, their functions and powers to combat foreign economic crimes, including by the forces of specialized support units, are highlighted. Taking into account the issues studied and analyzed, a number of practical proposals have been put forward in order to increase the effectiveness of combating illegal encroachments on Russia’s foreign economic security in balance with the interests of protecting human and civil rights and freedoms.
Keywords: customs crime, customs authorities, detective activities, investigative measures, detective unit, Federal Republic of Germany, foreign experience, criminal procedure legislation.
Reference bibliography
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14. Konovalov S. G. Covert investigative actions in the criminal process in Germany: problems of conceptualization // Criminal proceedings. – 2018. – No. 1. – P. 41-48.
15. Golovnenkov P., Spit N. “Code of Criminal Procedure of the Federal Republic of Germany. Scientific and practical commentary and translation of the text of the law. [Electronic resource]. – Access mode: https://publishup.uni-potsdam.de/opus4-ubp/frontdoor/deliver/index/docId/6039/file/sdrs02.pdf (accessed 04/02/2023).
16. Dytchenko G. V. Russian and foreign legal models for ensuring the legality of operational-investigative activities by the prosecutor’s office (comparative legal analysis) // State of Law: Theory and Practice. – 2017. – No. 3 (49) – P. 177-184.
17. Samelyuk M. A., Yakovets E. N. Problematic issues of information and analytical support of the operational-search activity of customs authorities in modern conditions // Bulletin of the Russian Customs Academy. – 2018. – No. 4. – P. 87-94.
18. Kozlovsky A. Yu. Operational-search activity of the customs authorities of the Russian Federation: theoretical, legal and organizational aspects: monograph. – M.: Publishing House of the Russian Customs Academy, 2015. – 210 p.
19. Klepov A. V. Legal and organizational foundations of the operational-search activity of the customs service of Germany and their consideration in ensuring law enforcement cooperation between the customs services of Russia and Germany: dis. … cand. legal Sciences. – Lyubertsy, 2006. – 191 p.
LAW ENFORCEMENT
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning 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»
BODROV Evgeniy Nikolaevich
lecturer of the A. N. Konyaev Tver College
ON THE ISSUE OF DIGITAL CULTURE FORMATION IN THE PROCESS OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE PENITENTIARY SYSTEM OF RUSSIAN FEDERATION
The paper considers aspects of the formation of digital culture of employees of the penal system of the Russian Federation in the context of integration with departmental professional education. The issues related to the essence and concept of digital culture are emphasized, the provisions of strategic documents concerning the training of personnel for the digital economy of the Russian Federation are presented. Special attention is paid to the consideration of the remote computer course and the prospects of its use for the formation of digital culture in the course of professional training of employees of the Penitentiary System.
Keywords: digital economy of the Russian Federation, digital culture, digital literacy, educational process, distance learning, Penitentiary System of the Russian Federation.
Reference list
1. Shaukhalova R. A., Yarychev N. Digital culture of undergraduate students as a competitive advantage of a modern specialist // World of Science, Culture, Education. – 2019. – No. 5. – P. 348-350.
2. Zorina N. S. Factors of crime in the field of computer technology // 25 years of experience in the application of the Criminal and Penitentiary Codes of the Russian Federation: problems and development prospects: Collection of round table materials within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – P. 45-47.
3. Latypova A. F. Artificial Intelligence Technologies and Certain Aspects of International Space Law // Eurasian Law Journal. – 2022. – No. 12 (175). – P. 43-46.
4. Shekhonin A. A., Voznesenskaya A. O., Bakholdin A. V., Gavrilina O. A. Training of competitive graduates of the international level based on the educational standard of ITMO University // Higher education in Russia. – 2019. – T. 28. No. 5. – S. 9-17.
LAW ENFORCEMENT
SHERSTYANYKH Alexandra Sergeevna
Ph.D. in technical sciences, associate professor, associate professor of Information and legal disciplines and special technique sub-faculty of the Siberian law Institute of the MIA of Russia
POSSIBILITIES OF USING ARTIFICIAL INTELLIGENCE TECHNOLOGY IN THE ACTIVITY OF LAW ENFORCEMENT AGENCIES
The article deals with the possibility of using artificial intelligence technology in the activities of law enforcement agencies. Technology of machine intelligence is currently in the stage of intensive development, which, due to its independence from the scope of application, is turning into a tool that greatly simplifies the work of specialists in various fields. The author investigates some trends in the use of artificial intelligence technologies in the fight against crime in Russia and abroad. The article reveals the current state of affairs in the introduction of modern technologies of data mining, highlights priority departmental projects in the field of artificial intelligence. Attention is given to such a perspective direction of use of artificial intelligence technologies in activity of internal affairs bodies, as video analytics.
Keywords: law enforcement agencies, artificial intelligence, technology, crime, information.
Reference list
1. On the development of artificial intelligence in the Russian Federation: Decree of the President of the Russian Federation of October 10, 2019 No. 490 // SPS ConsultantPlus.
2. On approval of the Departmental program of digital transformation of the Ministry of Internal Affairs of Russia for 2022 – 2024: Order of the Ministry of Internal Affairs of Russia dated 11.01.2022 No. 1/37 // SPS ConsultantPlus.
3. On Amendments to the Federal Law “On State Genomic Registration in the Russian Federation” and Certain Legislative Acts of the Russian Federation: Federal Law No. 8-FZ dated February 6, 2023 // ATP ConsultantPlus.
4. “Public services” became available with the help of biometrics // sibnet.ru: news site. [Electronic resource]. – Access mode: https://info.sibnet.ru/article/634447/ (date of access: 27.02.2023).
5. Artificial intelligence in the service of the police: an interview with the head of the Department of Information Technologies, Communications and Information Protection of the Ministry of Internal Affairs of Russia, Major General of the Internal Service Yuri Voinov. [Electronic resource]. – Access mode: https://news.rambler.ru/internet/48715031/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (date of access: 02/27/2023).
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LAW ENFORCEMENT
KHAZHIROKOV Valeriy Akhiedovich
Ph.D. in Law, Head of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
ACTUAL PROBLEMS OF ORGANIZING INDEPENDENT PHYSICAL TRAINING OF EMPLOYEES OF THE INTERNAL AFFAIRS DIRECTORATE OF THE RUSSIAN FEDERATION
Independent physical training is a system of exercises aimed at maintaining the current form without its deterioration. Independent physical training includes elements of physical culture, mainly aimed at maintaining health. Physical training as a discipline sets quite clear goals, namely, the improvement of strength, speed, flexibility and endurance of police officers – students of educational organizations of the Ministry of Internal Affairs of Russia. Outside of educational institutions, in order to maintain all these aspects, it is necessary to constantly deal with your physical condition. To maintain each of the components at a certain level of physical fitness, police officers can use special exercises, both from general and professionally applied physical training.
Keywords: police officers, independent physical training, professional-applied physical training, teaching methods, pedagogical technologies.
Reference list
1. Kuznetsov M. B. On the issue of the basics of independent physical training of police officers // In the book: Physical culture and sport in the structure of vocational education: retrospective, reality and future. materials of the All-Russian scientific-practical conference. East Siberian Institute of the Ministry of Internal Affairs of Russia. – Irkutsk, 2020. – P. 247-250.
2. Matveev AS Actual problems of independent physical training of law enforcement officers // In the collection: Improving the physical training of law enforcement officers. collection of scientific articles. – Eagle, 2022. – S. 139-143.
3. Molodkina V.V. Independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Student of the Year 2021. Collection of articles of the XIX International Research Competition. – Penza, 2021. – P. 148-150.
4. Sobornov A. V., Shkapov P. Yu., Budakov A. N. Independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Improving the physical training of law enforcement officers. Collection of articles of the All-Russian round table. Editorial board: S. N. Barkalov (chairman) [and others]. – Eagle, 2021. – S. 181-184.
5. Khazhirokov V. A. Specific characteristics of professional-applied physical training of employees of internal affairs bodies // Education. The science. Scientific personnel. – 2019. – No. 2. – P. 220-222.
6. Khazhirokov V. A. Specific features of professional-applied physical training in educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Physical education and sport: topical issues of theory and practice. Collection of articles of the All-Russian Scientific and Practical Conference. Managing editors V. M. Barshai, A. A. Tashchiyan. – 2019. – S. 138-143.
LAW ENFORCEMENT
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning 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»
ON THE ISSUE OF THE USE OF ARTIFICIAL INTELLIGENCE IN LEGAL DEPARTMENTS
The paper examines the legal foundations of the use of artificial intelligence, analyzes the directions of its application in the activities of legal departments of law enforcement agencies, as well as the prospects for its further development. The conclusion is made about the expediency of using artificial intelligence in solving legal issues, not only taking into account the latest achievements of digital technologies, but also the provisions of various branches of law. The high efficiency of the use of intelligent systems for automating the activities of lawyers when processing large amounts of information is emphasized.
Keywords: artificial intelligence, law enforcement, artificial intelligence, legal units, neural networks, digital technologies.
Reference list
1. Latypova A. F. Artificial Intelligence Technologies and Certain Aspects of International Space Law // Eurasian Law Journal. – 2022. – No. 12 (175). – P. 43-46.
2. Zorina N. S. The concept of crimes committed with the use of information and telecommunication technologies // Bulletin of FKU NIIIT Federal Penitentiary Service of Russia: Scientific and Practical Edition. Volume Issue 5. – Tver: FKU NIIIT FSIN of Russia, 2022. – P. 34-37.
3. Zorina N. S. Factors of crime in the field of computer technology // 25 years of experience in the application of the Criminal and Penitentiary Codes of the Russian Federation: problems and development prospects: Collection of round table materials within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – P. 45-47.
4. Martynova T. L. On the development of e-justice // Judicial reform in Russia: past, present, future (Kutafinsky readings): Sat. report VII Intern. scientific-practical. conf. – M., 2015.
SAFETY AND LAW
VOSTROKNUTOV Alexander Leonidovich
Ph.D. in technical sciences, senior researcher, professor of Internal affairs in special conditions sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
TOPICAL ISSUES OF COUNTERING THE USE OF BIOLOGICAL WEAPONS IN THE MODERN PERIOD
At the present stage of historical development, the use of biological weapons poses a serious danger to all mankind. The main purpose of using biological weapons is the mass destruction of enemy manpower, provocation of an epidemic of dangerous diseases among troops and civilians. The article is devoted to the above problem, which has not lost its relevance since the end of the last century. Everyone should have an idea of the existing potential threat, have the necessary skills to prevent it.
Keywords:epidemic, biodiversion, biosafety, biological weapons.
Reference list
1. Hersh S. Chemical and biological weapons. America’s secret arsenal. Abridged translation from English by A. Georgiev, edited by Candidate of Military Sciences, Associate Professor P. Efimov. – M., Military Publishing, 1970. – 208 p.
2. Konovalov P. P., Arsentiev O. V., Buyanov A. L., Nizovtseva S. A., Maslyakov V. V. Use of biological weapons: history and modernity // Modern problems of science and education. – 2014. – No. 6. [Electronic resource]. – Access mode: https://science-education.ru/ru/article/view?id=16621 (date of access: 08.08.2022).
3. Is Russia ready for attacks of bacteriological weapons // RIA Novosti. [Electronic resource]. – Access mode: https://ria.ru/20170216/1488141469.html (date of access: 08/04/2022).
4. “Anaconda Loop”: The Third Squeeze? [Electronic resource]. – Access mode: https://zen.yandex.ru/media/novorossia/ (date of access: 08/04/2022).
5. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&ts=jU8DfaTW6orJ5eQ7&cacheid=79AD5907A4C82209386C5088AB519313&mode=splus&rnd=Io4DfaTyMPSqAdss&base=LAW& ;n=389271& dst=1000000001#Wx8DfaTGsukihdVA2 (accessed 08/04/2022).
SAFETY AND LAW
ILLYUK Rolina Alexeevna
postgraduate student of State studies, general legal and social and humanitarian disciplines sub-faculty of the Institute of Legislation and Comparative Law under the Government of theRussian Federation
COMPUTER CRIMES ACT 1997 (MALAYSIA): REASONS FOR ADOPTION AND APPLICATION PROBLEMS
Malaysia is the first country in the world to start developing and enacting cyber security laws. One of the first such laws was the Computer Crimes Act 1997. The law was modeled after the United Kingdom’s Computer Misuse Act 1990. The main purpose of this law was to criminalize hacking activities, and create a platform for Malaysia to take a leading position in the Asian region in the field of information technology. However, the Computer Crimes Act of 1997 does not cover many IT crimes and, despite its positive message, has a number of gaps.
Keywords: Computer Crime Act 1997, digital law, Malaysian law, Malaysian lawmaking, United Kingdom Computer Misuse Act 1990, criminal law, computer crime, lawmaking.
Reference list
1. Hamin, Zaiton. The legal response to computer misuse in Malaysia – The Computer Crimes Act 1997 / Dr. Zaiton Hamin. UITM Law Review. 2004. No. 2. Pp. 210-234.
2. Appudurai, Janaletchumi and Ramalingam, Chitra L. Computer Crimes: A Case Study of What Malaysia Can Learn from Others? // Journal of Digital Forensics, Security and Law. 2007 Vol. 2. No. 2. Article 1.
3. Kechina M. A., Belenkova L. Yu., Prevention of socially dangerous behavior of university students in the Internet environment // Educational experiment in education. 2020. No. 2 (94) (April – June). P. 14-20.
4 Shahin Alam, Md. Zahidul Islam, Offensive Statements on Social Networking Platforms with the special reference to Cyber Defamation: A Comparative Analysis between Malaysia and Bangladesh // Journal of Asian and African Social Science and Humanities. 2015. Vol. 1. No. 3. P. 40-57. P. 43.
5. Wan Mahmud Wan Amizah, Pitchan Muhammad Adnan Bin, Media Baharu dan Institusi Raja di Malaysia: Kes Penghinaan Raja-raja di Media Sosial, Jurnal Komunikasi // Malaysian Journal of Communication. 2017. Jilid 33(1). P. 406-422. P. 418.
6. Donna L. Beatty, Comment, Malaysia’s “Computer Crimes Act 1997” Gets Tough on Cybercrime But Fails to Advance the Development of Cyberlaws, 7 Pac. Rim L & Pol’y J. 351 (1998) – P. 357-358.
SAFETY 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
KONSTANTINOV Vladimir Nikolaevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
PICHUGIN Dmitriy Alexandrovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
COUNTERING TERRORIST THREATS DURING RUSSIA’S SPECIAL MILITARY OPERATION IN UKRAINE
The article is devoted to an urgent topic, the importance of which is only increasing in the current socio-political conditions. During the period of Russia’s special military operation in Ukraine, the opposing side is forming underground cells or recruiting lone terrorists, the interrelationships of Ukrainian nationalists with transnational organized crime are intensifying, foreign terrorist fighters and mercenaries are being mobilized. The article discusses some features of the terrorist threat in the context of a special military operation, to which the authors rightly attribute an increase in the scale of terrorist attacks (up to terrorist attacks using weapons of mass destruction and acts of international terrorism on gas pipelines ) and an expansion of the range of possible ways to commit terrorist attacks (using sabotage and terrorist groups, unmanned aerial vehicles, etc.).
Keywords: special military operation, hybrid war, fascism for export, terrorist act, unmanned aerial vehicles, countering threats.
Reference list
1. UN Security Council: “Letter dated 30 December 2020 from the Permanent Representative of Tunisia to the United Nations addressed to the UN Secretary-General.” – [Electronic resource]. – Access mode: https://undocs.org/pdf?symbol=ru/S/2020/1315 (Accessed 20.02.2023).
2. Nikitin A. I. Denazification and demilitarization in Ukraine as the implementation of one of the strategic national priorities of the Russian Federation // Military legal instruments for ensuring national security: Collection of articles of a scientific and practical conference. Moscow, 2022 – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=48590201 (date of access: 02/01/2023).
3. The court arrested Natalya Vovk in absentia on charges of murdering Daria Dugina // RIA Novosti. – 02.11.2022. – [Electronic resource]. – Access modea: https://ria.ru/20221102/dugina-1828627487.html?ysclid=lfaqp74ayz344875285 (date of access: 02/01/2023).
4. A truck was blown up on the Crimean bridge // RIA Novosti. 08.10.2022. – [Electronic resource]. – Access mode: https://ria.ru/20221008/most-1822415086.html?ysclid=lfaqrcx8vw974538942.
5. Federal Law No. 35-FZ dated 06.03.2006 “On Combating Terrorism”. – [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&prevDoc=102170326&backlink=1&&nd=102105192&ysclid=lfaqvegud982740247 (date of access: 20.02.2023).< br /> 6. Kaftan VV Countering terrorism // textbook for universities 2nd ed., rev. and additional – M.: Publishing house Yurayt, 2023. – P. 261. – [Electronic resource]. – Access mode: https://urait.ru/bcode/511349/p.19 (date of access: 26.02.2023).
7. What happens in the border area of the Bryansk region after the attack of saboteurs // RBC. – [Electronic resource]. – Access mode: https://www.rbc.ru/society/04/03/2023/6401fc6e9a7947e501cfb648 (date of access: 03/12/2023).
8. “Service of lawlessness of Ukraine”, or “How the SBU agent Mykola Shvets with the call sign Gaspar was detained” // Belteleradiocompany. – 03/12/2023. – [Electronic resource]. – Access mode: https://www.tvr.by/news/obshchestvo/sluzhba_bespredela_ukrainy_ili_kak_zaderzhali_agenta_sbu_nikolaya_shvetsa_s_pozyvnym_gaspar/?ysclid=lfar8fz4jn37406110 (date of access: 20.03.2023).
STATE AND LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of State and municipal administration sub-faculty of the Western branch of the RANEPA under the President of the Russian Federation
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the RANEPA under the President of the Russian Federation
SEMENOVA Irina Olegovna
Ph.D. in pedagogical sciences, Head of the Educational Process Support Department of the Western branch of the RANEPA under the President of the Russian Federation
TO THE QUESTION OF THE PROBLEMS OF STAFFING OF PUBLIC AUTHORITIES AND LOCAL SELF-GOVERNMENT AND WAYS TO SOLVE THEM
The article analyzes the problems of staffing of public authorities and local self-government, identifies ways to solve them. The authors consider the main problem of staffing to be the use of traditional HR technologies that do not meet modern requirements in working with personnel, both when hiring (selecting) personnel, and adapting new employees, evaluating the effectiveness of performance, and employee motivation. It is noted that there is a need to improve the technologies of selection (recruitment) of citizens to fill positions in public authorities and local self-government, the active introduction of the institute of mentoring in order to effectively adapt state civil and municipal employees, the introduction into the practice of human resources services of assessment technologies as a modern technology of comprehensive assessment of candidates for vacant positions, and evaluation of the results of professional service employees’ activities.
Keywords: employees, public authorities and local self-government, traditional and modern personnel technologies, mentoring, assessment assessment.
Reference list
1. Andryukhina I. Yu., Pekhova L. S. Improvement of personnel technologies in personnel management of representative bodies of local self-government. Eurasian Law Journal 2022. No. 6 (169). pp. 121-122. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=49312808
2. Masilova M. G., Lobov V. E. Problems of staffing of local governments and ways to solve them / Territory of new opportunities. Vestnik VGUES. 2019. No. 4. P. 171. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kadrovogo-obespecheniya-organov-mestnogo-samoupravleniya-i-puti-ih-resheniya-1
3. Gribova O. V., Kornienko M. V. Personnel management in local authorities / Social sciences. Economy. 2018. No. 3 (47). P. 173. [Electronic resource]. – Access mode: file:///C:/Users/User/Downloads/kadrovyy-management-v-organah-mestnoy-vlasti.pdf
4. Bayteryakov S. V., Baryshnikova A. V., Kopytok V. K. Expert note. Personnel policy in the civil service: current problems and necessary changes. [Electronic resource]. – Access mode: https://cpur.ru/research_pdf/R_civil_servants_reforms_2021.pdf
5. Evdokimov S. Yu., Sergeev V. Yu. Criteria and methods of attestation of state and municipal employees // Bulletin of the Eurasian Science. 2018. No. 2. [Electronic resource]. – Access mode: https://esj.today/PDF/22ECVN218.pdf/mode
6. Galiy E. A., Khussamov R. R. Model “Integral assessment of competenceand municipal employees” // Bulletin of NGIEI. 2017. No. 7 (74). P. 76. [Electronic resource]. – Access mode: file:///C:/Users/User/Downloads/model-integralnaya-otsenka-kompetentsiy-munitsipalnyh-sluzhaschih.pdf
7. Wikipedia. [Electronic resource]. – Access mode: Assessment Center – Wikipedia (wikipedia.org)
STATE AND LAW
MANDAZHI Dayana Ivanovna
magister student of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
YAKUPOVA Gulnara Aidarovna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
STATE PROGRAMS FOR THE DEVELOPMENT AND SUPPORT OF ECOLOGICAL TOURISM IN THE REPUBLIC OF BASHKORTOSTAN
The article provides a definition of ecological tourism. As an example of a regional program for the development and support of ecological tourism in the Republic of Bashkortostan, the State Program “Development of domestic and inbound tourism in the Republic of Bashkortostan” was cited. In addition, national projects and grants issued at the federal level were described, one of the owners of which was a Bashkir entrepreneur.
Keywords: ecological tourism, agrotourism, federal grants, “Toratau Geopark”, “Yangan-Tau Geopark”.
Reference list
1. [Electronic resource]. – Access mode: https://www.vyatsu.ru/internet-gazeta/ekologicheskiy-turizm-zolotaya-zhila-ili-problema.html.
2. Babkin, A. V. Special types of tourism. [Electronic resource]. – Access mode: https://tourlib.net/books_tourism/babkin08.htm.
3. Decree of the Government of the Republic of Bashkortostan dated September 14, 2017 No. 424 On approval of the state program “Development of domestic and inbound tourism in the Republic of Bashkortostan”. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/450340600.
4. [Electronic resource]. – Access mode: https://www.atorus.ru/node/50423.
5. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/social/2019-08-20/dva-proekta-iz-bashkirii-vyigrali-granty-foruma-territoriya-smyslov-2117636.
6. [Electronic resource]. – Access mode: https://mcx.gov.ru/press-service/news/v-2023-godu-minselkhoz-podderzhit-agroturisticheskie-proekty-v-50-regionakh-rossii/
7. [Electronic resource]. – Access mode: https://xn—-dtbhaacat8bfloi8h.xn--p1ai/agroturism-winners-2022.
8. Nigmatullin R. V., Nikitina A. A. Legal and economic aspects of the development of small businesses in the Republic of Bashkortostan // Bulletin of the Russian University of Cooperation. – 2022. – No. 4 (50). – S. 47-54. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-i-ekonomicheskie-aspekty-razvitiya-malyh-form-hozyaystvovaniya-v-respublike-bashkortostan/viewer.
9. [Electronic resource]. – Access mode: https://www.dp.ru/a/2021/03/22/Poskakali_vverh.
10. [Electronic resource]. – Access mode: https://ufa.rbc.ru/ufa/22/06/2021/60d18f3f9a7947afa1a6e0a5.
11. [Electronic resource]. – Access mode: https://www.ibw-bashkortostan.com/news/1229/
12. [Electronic resource]. – Access mode: https://www.tourister.ru/world/europe/russia/city/makarovo/placeofinterest/37711.
13. [Electronic resource]. – Access mode: https://www.tatar-inform.ru/news/10-mest-v-baskirii-kuda-mozno-otpravitsya-na-maiskie-5863696.
PEDAGOGY AND LAW
KANUKOEV Astemir Musovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, captain of police
KODZOKOV Aznaur Khasanovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
THE IMPACT OF INFORMATION TECHNOLOGY ON THE LEARNING PROCESS OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The main goal of departmental education is the training of highly qualified personnel for the system of the Ministry of Internal Affairs of Russia, who are able and ready to quickly solve official tasks, obtaining certain skills that will be required during service is one of the most important areas in any study. The ideal solution for this area will be the creation of a single platform that will include both online and traditional teaching methods, where students of educational organizations of the Ministry of Internal Affairs of Russia will be able to study more comfortably, learn to navigate the digital world, make requests and find quick answers to them. To do this, educational organizations should pay more attention to issues that are of strategic importance. These include the ability of students to independently form and develop their interests, abilities, learn without the participation of a teacher.
Keywords: information technology, educational organizations of the Ministry of Internal Affairs of Russia, students, modern teaching methods, digital learning, accessibility of learning, continuity of learning.
Reference list
1. Zhamborov A. A., Shafieva E. T., Kokurkhaeva R. M. B. The role of digital technologies in the formation of the information society // Journal of Applied Research. – 2022. – V. 1. No. 9. – S. 17-21.
2. Kardanov A. K. On some issues of using distance learning technologies in the educational process of the system of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 482-483.
3. Kindeeva A. A., Zueva A. S. Digitalization of education in Russia: problems and prospects // Theory and practice of project education. – 2021. – No. 2 (18). – P. 60-64.
4. Kozlovskaya G. E., Kazenina A. A. Digitalization of education: modernization or transformation // Bulletin of the Moscow State Pedagogical University. Series: Philosophical Sciences. – 2020. – No. 1 (33). – S. 38-43.
5. Kokurkhaeva R. M. B., Zhamborov A. A. The role of information technology in the organization of the educational process // Journal of Applied Research. – 2022. – V. 1. No. 9. – S. 29-32.
6. Razbegaev P. V. Innovative technologies in the educational system of the Ministry of Internal Affairs of the Russian Federation // World of science, culture, education. – 2022. – No. 4 (95). – P. 76-78.
7. Ennanova L. F., Usmanova Z. U. K. Modern innovative technologies in education // In the collection: Modern science: current issues, achievements and innovations. collection of scientific papers based on the materials of the XXXVII International Scientific and Practical Conference. – Anapa, 2021. – S. 61-64.
PEDAGOGY AND LAW
MESHEV Islam Khasanbievich
Ph.D. in pedagogical sciences, Deputy Head of Physical training sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, major of police
SOME PROBLEMS OF TEACHING THE PERFORMANCE OF THROWS FOR POLICE OFFICERS IN PHYSICAL TRAINING CLASSES
In the process of physical training of police officers, it is necessary to form precisely those skills that have an effective effect against offenders. Throws are of particular importance in this case, since their use in extreme situations is more effective than any other technique. In this regard, the task of forming the tactical and technical foundations for the use of throws by police officers who are students of initial training programs, professional retraining, as well as advanced training courses in educational organizations of the Ministry of Internal Affairs of Russia is being updated. The solution of this problem falls on the shoulders of physical training teachers. It has been established that for the formation of skills and abilities in possession of throwing techniques, exercises from the section on improving special physical strength, i.e. those qualities that are directly necessary to perform specific techniques, should be used. It is concluded that in order to improve the acquired skills and abilities, it is advised to use the methods of practicing throwing exercises, which are used by judo and sambo wrestlers.
Keywords: police officers, throws, sambo, judo, educational and training process, detention of offenders.
Reference list
1. Barabanov N. O. Some problems of teaching throwing technique to cadets of universities of the Ministry of Internal Affairs of Russia // In the collection: Topical issues of improving the special training of cadets and students of educational organizations of the system of the Ministry of Internal Affairs of Russia. Materials of the All-Russian scientific-practical conference. Editorial Board: E. E. Vityutnev, I. V. Podporin, V. A. Mikhailyuk [and others]. – Krasnodar, 2022. – P. 19-22.
2. Guralev V. M., Osipov A. Yu., Shnarkin S. M. Substantiation of the expediency of training and use of throwing equipment by police officers // Problems of modern pedagogical education. – 2018. – No. 60-2. – P. 113-117.
3. Kubeev A. Zh., Ivanchenko E. S. The problem of teaching throwing technique to cadets of educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2021. – No. 10 (161). – P. 483-484.
4. Kuzminykh S. V., Gorin R. P. Problems of organization of physical training in the Department of Internal Affairs // In the collection: Anthropic educational technologies in the field of physical culture. Collection of articles based on materials of the VII All-Russian Scientific and Practical Conference. – Nizhny Novgorod, 2021. – P. 180-184.
5. Muslimov R. A. The use of sambo throws in the physical training of police officers // Vestnik TyumenInstitute of advanced training of employees of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (11). – P. 144-148.
6. Panferov R. G. About some problems arising in the process of teaching throwing technique to cadets of educational organizations of the system of the Ministry of Internal Affairs of Russia // Public safety, law and order in the III millennium. – 2019. – No. 5-3. – P. 273-276.
7. Tashchiyan A. A., Lapshin I. E. Substantiation of the expediency of training and use of throwing equipment by police officers // In the collection: Improving the physical training of law enforcement officers. Collection of articles of the All-Russian round table. Editorial board: S. N. Barkalov (chairman) [and others]. – Eagle, 2021. – S. 188-192.
PEDAGOGY AND LAW
MIKHAYLOV Artem Olegovich
magister student of the Institute of Chemical Technology and Engineering of the Sterlitamak branch of the Ufa State Petroleum Technical University
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Sterlitamak branch of the Ufa State Petroleum Technical University
INTERACTION OF CULTURES IN MODERN CONDITIONS
According to the title the article discusses the problems arising between representatives of different nationalities and cultures. The article is dedicated to the problems of intercultural communication among various segments of the population. Based on theoretical analysis and practical experience factors are identified that have a negative impact on intercultural communication. Various linguistic and conceptual barriers that may arise during communication and interaction are analyzed. Much attention is paid to possible problems, peculiarities of situations and difficulties that participants in the process may face. At the moment there are a huge number of diverse cultures around the world which will only increase in the future and makes it necessary to solve the problems of interaction between their carriers in various fields of activity.
Keywords: communication, language barrier, interaction, culture, subculture, information exchange, cultural exchange.
Reference list
Ionin L.G. Sociology of culture. – M.: Logos, 1996. – S. 17-19
Latypova E. R., Dorofeeva M. Yu. The relevance of intercultural communication for modern society. // Collection of materials of the All-Russian scientific-practical conference with international participation. – 2021. – P. 10-11.
Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university / E.R. Latypova // Bulletin of the Maikop State Technological University. – 2015. – P.74–76.
Latypova E. R., Sarebu V. P. Overcoming the barrier in intercultural communication // Notes of a scientist. – 2020. – P. 311-314
Latypova E.R., Rizvanova E.R. From the foundations of the theory of intercultural communication // Experience in creating and implementing technological innovations in education: materials of the Intern. scientific-practical. conf. (Cheboksary, October 27, 2017) / Ed.: L. A. Abramova [and others]. – Cheboksary: Publishing House “Sreda”, 2017. – P. 124-127. – ISBN 978-5-9500853-5-2.
Nelson T.D. Psychology of prejudice. Secrets of patterns of thinking, perception and behavior. St. Petersburg: Prime-Eurosign, 2003. 384 p.
Tsareva M.A., Intercultural communication and dialogue of cultures / Monograph. – Khabarovsk: FEGU, 2006.
Yakobson R. Linguistics and its relation to other sciences // Selected Works. – S., 1985. – S. 369-430.
PSYCHOLOGY AND LAW
SOLOVJEVA Anzhelika Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Psychology of education and organizational psychology sub-faculty of the Don State Technical University
PILIPENKO Natalya Anatoljevna
Ph.D. in philological sciences, associate professor of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
TECHNIQUES OF NEURO-LINGUISTIC PROGRAMMING IN LEGAL DISCOURSE
This article discusses special tactical techniques implemented at the level of communications that contribute to the effectiveness of legal activity. The authors pay special attention to the possibility of using techniques and methods of neuro-linguistic programming by practicing lawyers in the framework of a trial and during investigative activities.
Keywords: speech influence, neurolinguistic programming techniques, legal discourse.
Reference list
1. Katermina V. V., Safronova T. S. Mechanisms of suggestive influence in legal discourse // Bulletin of the Volgograd State University. Series 2, Linguistics. -2017. – V. 16. No. 3. – P. 142–152.
2. Maltseva V. A. Strategies of speech influence in professional communication: on the example of legal discourse: author. dis. … cand. philol. Sciences. – Chelyabinsk, 2011.
3. Nikolashkina V. E., Sheraizina R. M., Donina I. A. Professional and communicative competence of future lawyers as a subject of interdisciplinary research // Modern problems of science and education. – 2016. – № 6.
4. NLP: A Practical Guide to Achieving Your Desired Results / Joseph O’Connor. – Per. from English. T. Novikova. – M .: “Izd. FAIR”, 2007. – P. 10.
5. O’Connor J., Seymour D. Introduction to Neuro-Linguistic Programming. How to understand people and influence people. – Chelyabinsk: A. Miller Library, 1998. – 272 p.
6. Psychology of discourse: problems of determination, impact, security / Ed. A. L. Zhuravleva, N. D. Pavlova, I. A. Zachesova. – M.: Publishing House “Institute of Psychology of the Russian Academy of Sciences”, 2016. – 315 p.
7. Sternin I. A. Speech influence as a theoretical and applied science // Theoretical and applied problems of linguistics. – Voronezh: Origins, 2008. – P. 238-353.
8. Shelestyuk E. V. Speech impact: ontology and research methodology. – 2nd ed., Rev. and additional – M.: FLINTA: Nauka, 2014. – 344 p.
9. Yakusheva T. V., Gorovaya V. Yu., Gorovoy S. A. Application of methods of neurolinguistic programming in the criminal process // Humanitarian, socio-economic and social sciences. – 2019. – No. 10. – P. 221-224.
10. Menn L. (2012). neurolinguistics. Linguistic Society of America. – [Electronic resource]. – Access mode: https://www.linguisticsociety.org.
PSYCHOLOGY AND LAW
LE Minh Phuong
magister of the Law Faculty of the Academy of People’s Security
NGUYEN Duc Manh
bachelor of VB2TMK1 Group of the Academy of People’s Security
FACTORS AFFECTING THE ADAPTABILITY TO LEARNING AND TRAINING OF FIRST-YEAR STUDENTS OF VIETNAM PEOPLE’S SECURITY ACADEMY
The article aims to find out the adaptability in learning and training of first-year students of People’s Security Academy. From the specific characteristics and factors affecting the adaptability of the first-year students, the article proposes some solutions to improve the adaptability of the first-year students of the People’s Security Academy.
Keywords: psychological measures, adaptability, learning and training.
Reference list
1. Nguyen Thanh Binh. Life skills training textbook. Hanoi: Hanoi Normal University Press, 2007. 102 p.
2. Tran Thi Minh Duc. A study of the adaptation of first-year students of the Hanoi National University to the university environment. Special research project at the national university level. Hanoi, 2004. 357 p.
3. Nguyen Thi Thien Kim. Psychological difficulties in the educational activities of first-year students of the Pedagogical University of Ho Chi Minh City. Master’s dissertation. 2007. 92 p.
4. Do Man Tong. Research on adaptation to training and education of cadets in military officer schools. Doctoral dissertation. Academy of Military Policy, 1996. 157 p.
5. Nguyen Khac Vien. Psychological dictionary. Children’s Research Center. Publishing House “Culture and Information”, 2001. 520 p.
ECONOMY. RIGHT. SOCIETY
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, senior lecturer of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
BASHIRINA Evgeniya Nikolaevna
Ph.D. in political science, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
KHAKIMOV Ruslan Miratovich
Ph.D. in technical sciences, associate professor of Quality management sub-faculty of the Faculty of Engineering of the Ufa University of Science and Technology
ABRAMOV Ivan Romanovich
student of the “Information security” training course of the Institute of History and Public Administration of the Ufa University of Science and Technology
ECONOMIC SECURITY AND SOCIAL STABILITY OF RUSSIAN SOCIETY
Economic security, as the most significant segment of national security, is becoming particularly relevant in the conditions of economic pressure from Western countries and economic wars (sanctions pressure) unleashed by Western countries. The object of the study is national security as a necessary element of the stability of modern society. The subject of the study is economic security as the most significant segmentt of national security that determines the sustainability and development of modern society. The purpose of the study is to reveal the content of the category of economic security in connection with the social stability of modern Russian society. Research results: 1. The content of the stability of socio-economic systems is disclosed; 2. The content of the elements of economic security as a factor of countering the sanctions pressure of Western countries is disclosed; 3. It is determined that economic security and social stability are inextricably linked categories that determine the effectiveness of each other’s functioning.
Keywords: national security, social security, information security, social effect, socio-economic system.
Reference list
1. Gilmutdinova R. A., Khanova I. M., Sibagatullina R. M., Abramova S. R. The dual unity of social and economic security as compensation for the growth of external threats // Discussion. – 2022. – No. 5 (114). – S. 71-78. DOI 10.46320/2077-7639-2022-5-114-71-78. – EDN HUHVMU.
2. Matveev A. E., Sysoev S. P., Matveev I. A. Formation of elements for ensuring the economic security of large-scale economic systems // Discussion. – 2022. – No. 3 (112). – S. 58-66. DOI 10.46320/2077-7639-2022-3-112-58-66. – EDN COXQUH.
3. Gaifullin A. Yu. A methodological approach to assessing the social sustainability of territorial entities. Proceedings of the Ufa Scientific Center of the Russian Academy of Sciences. – 2016. – No. 1. – P. 104-109. – EDN VQUKFR.
ECONOMY. RIGHT. SOCIETY
GALLYAMOVA Alina Rimovna
Ph.D. in sociological sciences, associate professor of the Ufa State Petroleum Technical University
GUSEVA Anna Alekseevna
Head of the Laboratory of Business Technology Development of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
GALLYAMOV Rem Timurovich
student of the Faculty of Psychology of the Ufa University of Science and Technology
DIGITALIZATION OF THE ECONOMY: BACKGROUND, TRENDS, PROSPECTS AND RISKS
The article raises the problem of the process of introducing digital technologies into the economy through the development of advanced production technologies, end-to-end information technologies, neurotechnologies, the Internet of things and artificial intelligence. The prerequisites and trends of the digitalization of the economy are considered. The authors analyze the pace of development of information technologies and their impact on the digitalization of the economy.
Keywords: digitalization, information technologies, digital space, digitalization of the economy, electronic economy, digital technologies.
Reference list
1. Okinawa Charter for the Global Information Society, July 21, 2000. [Electronic resource]. – Access mode: http://base.garant.ru/2560931/.
2. Abdrasilova G. S., Umnyakova N. P., Kakimzhanov B. Digitalization of the economy and the digital environment of modern architecture // Biospheric compatibility: man, region, technologies. – 2020. – № 1. – С.3-13.
3. Avdeeva I. L., Golovina T. A., Parakhina L. V. Digital transformation of economic processes: opportunities and threats // Financial business. – 2020. – № 1. – С.3-7.
4. Blanutsa V. I. Territorial structure of the Russian digital economy: preliminary delimitation of “smart” urban agglomerations and regions // Spatial Economics. – 2021. – № 2. – С.17-35.
5. Bokov S.I. On the role of ensuring the control system of the digital economy of Russia based on the organization of a single information space // Nanondustriya. – 2020. – V. 12 (Special issue). – P. 135-139.
6. Bondarik V. N., Kudryavtsev A. V., Loshchinin A. A. Some information and technological aspects of the digital economy // Microeconomics. – 2022. – № 4. – S. 67-71.
7. Brynjolfson E., McAfee E. The second era of machines: work, progress and prosperity in the era of new technologies: Per. from English. – M.: AST, 2021. – 382 p. – (The future is already here) (Polytech) (New York Times bestseller).
8. Vaypan V. A. Fundamentals of legal regulation of the digital economy // Law and Economics. – 2020. – No. 11. – P. 5-18.
9. Vasilenko I. A. “Smart city” as a socio-political project: opportunities and risks of smart technologies in urban rebranding // Power. – 2020. – No. 3. – P. 13-19.
10. Veduta E. N. The digital economy will lead to an economic cyber system. life. – 2020. – No. 10. – P. 87-102.
11. Negroponte, Nicholas. Be digital. old books. – 2019. – 256 rubles. ISBN 0-679-43919-6.
ECONOMY. RIGHT. SOCIETY
GVOZD Alina Alexandrovna
student of the 1st course of Management sub-faculty of the Irkutsk National Research Technical University
BEREZHNYKH Mariya Valerjevna
Ph.D. in economic sciences, Head of Management sub-faculty of the Irkutsk National Research Technical University
ON THE ROLE OF UNIVERSITIES IN THE FORMATION OF ENVIRONMENTAL THINKING IN SOCIETY (PRACTICE OF THE FEDERAL STATE BUDGETARY EDUCATIONAL INSTITUTION OF HIGHER EDUCATION “IRNITU”)
At present, the principles of greening are actively developing in many areas of human activity, and institutions of higher education are no exception. For the latter, the concept of so-called “green universities” has been developed, the essence of this concept is the introduction of “green” administration standards in higher education institutions and the formation of environmental thinking in the university community. In addition to environmental thinking, students who take part in the Green Universities program develop environmental competence, namely, the ability to apply skills and subject knowledge to design and organize environmentally friendly activities in the interests of sustainable development.
The article highlights the problematic issues and prospects for the transformation of the methodology and practice of ensuring the implementation of the principles of sustainable development of the concept of “Green Universities”.
Keywords: higher education, ecological thinking, students’ competencies, “green universities”, ecologization.
Reference list
1. Alshuwaikhat H. M., Abubakar I. An integrated approach to achieving campus sustainability: assessment of the current campus environmental management practices // Journal of Cleaner Production. – 2016. – No. 16 (16). – R. 1777-1785.
2. Blok V., Wesselink R., Studynka O., Kemp R. Encouraging sustainability in the workplace: a survey on the proenvironmental behavior of university employees // Journal of Cleaner Production. – 2015. – No. 106. – R. 55-67.
3. Bowler D. E., Buyung-Ali L. M., Knight T. M., Pullin A. S. A systematic review of evidence for the added benefits to health of exposure to natural environments // BMC Public Health. – 2010. – No. 10 (1). – R. 45-57.
4. Geng Y., Liu K., Xue B., Fujita T. Creating a “green university” in China: a case of Shenyang University // Journal of Cleaner Production. – 2013. – No. 61. – R. 13-19.
5. Sharp L. Green campuses: the road from little victories to systemic transformation // International Journal of Sustainability in Higher Education. – 2002. – No. 3 (2). – R. 128-145.
6. Tan H., Chen S., Shi Q., Wang L. Development of green campus in China // Journal of Cleaner Production. – 2014. – No. 64. – R. 646-653.
7. “Reports on the activities of IRNITU in the field of sustainable development for 2019, 2020, 2021”. [Electronic resource]. – Mode of access: https://www.istu.edu/ob_irnitu/ustoychivoe_razvitie/programma_i_otchety.
ECONOMY. RIGHT. SOCIETY
EVDOKIMENKO Sofya Sergeevna
student of the 1st course of Management sub-faculty of the Irkutsk National Research Technical University
BEREZHNYKH Mariya Valerjevna
Ph.D. in economic sciences, Head of Management sub-faculty of the Irkutsk National Research Technical University
THE EXPEDIENCY OF USING THE PRINCIPLES OF ENVIRONMENTAL MANAGEMENT IN THE ACTIVITIES OF ENTERPRISES
The article discusses the concept of environmental management, its features, the history of its appearance in the modern world, as well as the principles of environmental management. The solution of global and local economic problems involves the use of a wide arsenal of scientific, technical and other methods, in particular, the development of the theory and practice of environmental management. The development of the theoretical foundations of environmental management, its development and implementation in management activities is an important task.
Keywords: eco-management, enterprise, ecology, environmental protection measures.
Reference list
1. Daiman S. Yu., Ostrovkova T. V., Zaika E. A., Sokornova T. V.; Ed. S. Yu. Daiman // Systems of environmental management for practitioners – M.: Publishing house of the RKhTU im. D. I. Mendeleev, 2004. – P. 13.
2. Prituzhalova OA Ecological management and audit: textbook for universities. – M.: Yurait Publishing House, 2023. – P. 20-30.
3. What is environmental management. – [Electronic resource]. – Access mode: https://plus-one.ru/manual/2022/02/07/chto-takoe-ekologicheskiy-management (date of access: 04/27/2023).
4. Tasks and objectives of environmental management. – [Electronic resource]. – Access mode: https://www.diadoc.ru/articles/37509-chto_takoe_ekologicheskij_management#:~:text=Environmental management is an integrated approach to which causes an ideacompany’s activity in nature (date of access: 27.04.2023).
5. Environmental management. – [Electronic resource]. – Access mode: https://www.e-xecutive.ru/wiki/index.php/Environmental_management.
6. Report on the implementation of environmental and social measures of INK LLC in 2021. – [Electronic resource]. – Access mode: https://irkutskoil.ru/upload/iblock/459/t61spyi845sclflgl4wrf5trxou3r2rh.pdf (date of access: 04/27/2023).
7. Materials for raising the level of environmental education of specialists and environmental education. – [Electronic resource]. – Access mode: https://www.mosenergo.ru/d/textpage/14/20/2022-11-29-prezentatsiya-dlya-wwf.pdf (date of access: 04/27/2023).
8. Gazprom Group 2021 Sustainability Report. – [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/57/982072/sustainability-report-ru-2021.pdf (date of access: 27.04.2023).
9. Novocheboksarsky Khimprom reduced the emission of harmful substances into the atmosphere by 20%. – [Electronic resource]. – Access mode: https://www.ecoindustry.ru/NEWS/view/51562.html.
10. Report on the state of environmental safety of PJSC NCCP. – [Electronic resource]. – Access mode: https://www.nccp.ru/upload/iblock/453/17rsagf1d84f2dp34fz2by3k68sl2t0h.pdf.
11. Energy Policy of PJSC MMK. – [Electronic resource]. – Access mode: https://mmk.ru/upload/iblock/efb/q2vsazcun7b3q4bsgbh7og1bzd71u12y/Energeticheskaya-politika.pdf.
12. Waste management of PJSC MMK. – [Electronic resource]. – Access mode: https://mmk.ru/ru/sustainability/ecology/waste-management/
13. Climate Strategy of PJSC MMK. – [Electronic resource]. – Access mode: https://mmk.ru/ru/sustainability/ecology/climate-strategy/
14. Key environmental indicators of NMLK Group. – [Electronic resource]. – Access mode: https://nlmk.com/en/sustainability/environment/key-environmental-indicators/
15. Atmospheric air. – [Electronic resource]. – Access mode: https://nlmk.com/en/sustainability/environment/environmental-development/atmospheric-air/
16. Impact of chemical industry enterprises on the environment. – [Electronic resource]. – Access mode: https://spravochnick.ru/ekologiya/ekologicheskie_problemy_razlichnyh_otrasley_promyshlennosti/vliyanie_predpriyatiy_himicheskoy_promyshlennosti_na_okruzhayuschuyu_sredu/
17. Environmental management. – [Electronic resource]. – Access Mode: https://studwood.net/595255/management/vyvody.
18. The impact of metallurgy on the environment. – [Electronic resource]. – Access mode: https://laboratoria.by/stati/metallurgiya-i-priroda.
19. Four laws of ecology by Barry Commoner. – [Electronic resource]. – Access mode: https://ecologynow.ru/knowledge/tehnologii-i-ekologia-goroda/cetyre-zakona-ekologii-barri-kommonera.
ECONOMY. RIGHT. SOCIETY
DATSENKO Sergey Vitaljevich
associate professor Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University, Director of Programs on Cross-functional Development of the MTO of Gazprom Neft PJSC,
NAUMENKO Maxim Viktorovich
Head of the Dynamic Equipment Department of Gazpromneft-Supply LLC
TECHNICAL EVALUATION OF SUPPLIERS. MAIN ASPECTS AND TOPICAL ISSUES
The importance and significance of the supply division is due to the fact that the reliability of the selected supplier, the quality of the products manufactured by him and the cost of the supplied equipment, materials and raw materials are those components that affect the success and effectiveness of the projects implemented in the Company and the Company’s activities as a whole. In the article, the authors consider the main aspects and topical issues with regard to the topic under discussion.
Keywords: fuel and energy complex companies, supplier, material and technical resources, procurement activities, audit, standard.
Reference list
1. GOST R 58920-2021 “Technical and technological audits. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1200181014.
2. STO ISM – 03 – 2023 Organization Standard. Internal audits.
3. Linders M., Johnson F., Flynn A., Fearon G. Procurement and supply management: A textbook for university students studying economics and management (080100), “Commerce” (080300), “Logistics” (080506) / Per. from English. ed. Yu. A. Shcherbanin – 13th ed. – M.: UNITI-DANA, 2020. – 751 p.
4. Technical audit. [Electronic resource]. – Access mode: https://glavkniga-ru.turbopages.org/glavkniga.ru/s/situations/s504652.
ECONOMY. RIGHT. SOCIETY
KRETOVA Anastasia Yurjevna
Ph.D. in economic sciences, associate professor of Marketing and municipal management sub-faculty of the Tyumen Industrial University
SOCIAL EFFICIENCY OF RUSSIAN OIL AND GAS SECTOR ENTERPRISES
The social efficiency of oil and gas sector enterprises is a complex characteristic that determines the well-being of public and environmental space. The oil and gas sector, as the main source of revenue from the budget, determines the social, economic and environmental stability in the country, which actualizes the problems of the issues under consideration. The object of the study is the oil and gas complex, as a branch of management that ensures the production and economic activity of the complex economic of Russia. The subject of the study is the social aspects of the functioning of the Russian oil and gas complex. The purpose of the study is to consider the content of the social efficiency of the functioning of the oil and gas complex as a complex interdisciplinary concept. The study argues that social efficiency is closely related to the social responsibility of business. It is also argued that social efficiency determines the energy security of the country. The study also highlights the elements that determine the social efficiency of the Russian oil and gas sector.
Keywords: social effect, environmental well-being, energy security, social responsibility, resource limitation.
Reference list
1. Khairullin V. A., Akhundov E. R., Kuznetsov D. V., Zentsov V. N. Evaluation of the social and budgetary effect in the implementation of investment projects of a cost type in construction. – Kazan: Buk Limited Liability Company, 2021. – 226 p. – ISBN 978-5-00118-689-2. – EDN UJFIKO.
2. Kuzmina Yu. M. Social responsibility of oil and gas industry enterprises // Bulletin of the Kazan Technological University. – 2014. – T. 17. No. 19. – P. 408-414.
3. Peshkova G. Yu., Supataev T. M. Methodological support of the system for ensuring the economic security of an oil and gas industry enterprise // Proceedings of the St. Petersburg State University of Economics. – 2022. – No. 2 (134). – pp. 74-78.
ECONOMY. RIGHT. SOCIETY
KUZNETSOVA Karina Viktorovna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Oryol State University
KHACHATRYAN Olesya Alexandrovna
Ph.D. in economical sciences, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Oryol State University
STAFF MOTIVATION AS A WAY TO IMPROVE THE QUALITY OF HUMAN CAPITAL
This article explores an urgent topic related to a decrease in satisfaction with the motivation system among employees of Russian enterprises. The relationship between motivation and human capital of personnel is considered. The methods of motivation that ensure the improvement of the quality of human capital in modern conditions are proposed.
Keywords: motivation, human capital, quality of human capital, methods of motivation.
Reference list
1. Volgin N. A. Pay and labor productivity: problems of theory and practice, their relationship and interdependence // Collection of articles of the international conference session “Public administration and development of Russia: designing the future”. – Moscow, 2022. – P. 775-784.
2. Kovalenko T. V., Zalozh K. A. The place and role of the concept of “human capital” in the system of economic categories // Proceedings of the VIІ International Scientific and Practical Conference “Sustainable Development Strategy in Anti-Crisis Management of Economic Systems”. – Donetsk, 2021. – P. 398-402.
3. Leader V. A. Motivation of staff work and management efficiency // Metallurg. – 2004. – No. 6. – P. 8.
4. Khachatryan O. A. Strategic directions for changing the requirements for the quality of human capital of workers in the field of general and vocational education in a post-industrial economy: dis. … cand. economy Sciences. – Oryol., 2015. – 209 p.
ECONOMY. RIGHT. SOCIETY
UGURCHIEV Omar Bashirovich
Ph.D. in economic sciences, professor, Head of State and municipal administration sub-faculty of the Ingush State University
UGURCHIEVA Rukiat Omarovna
Ph.D. in economical sciences, associate professor of State and municipal administration sub-faculty of the Ingush State University
VOLOV Murat Anatoljevich
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
FEATURES OF STATE REGULATION OF INVESTMENT AND INNOVATION POLICY IN THE REGION
The investment and investment policy of the regions generally forms the investment and innovation climate in the state. The most important instrument for the development of innovations and investments in the regions is precisely the state support measures. Only through state support is it possible to develop innovations. The state, through the development of strategies, development programs and financing, contributes to the development of innovation and investment policy in the regions. It should be noted that the development of innovation and investment has a direct relationship, so investment is the tool for the development of innovation in the modern economy, so it is additional financial resources that can contribute to the development of innovation. The Russian Federation is a federal state in which a large number of regions differ in the level of economic, social, scientific, innovative and investment levels of development. In this connection, the regions differ from each other in terms of their innovative and investment attractiveness. The most important factor influencing the level of development of innovations and investments in the region is also the implemented state policy in the regions.
Keywords: investments, innovations, public policy, finances, investment attractiveness, investment activity, risks, investors.
Reference list
1. Akberdina V. V., Korovin G. B., Dzyuba E. I. Mechanisms of public administration in the field of scientific and technological development // Issues of state and municipal management. – 2020. – No. 4. – P. 111-140.
2. Ershova M. L. Management of innovations: teaching aid. – Kostroma: KSU im. N. A. Nekrasova, 2020. – 26 p.
3. Tsvetkova Yu. V. Problems and prospects for the development of state regulation of innovation processes in the economy // Beginning in science: 83 materials of the international scientific and practical conference. – M., 2017. – S. 154-157.
4. Shmatko A. D., Dzhanelidze M. G. Methods of state regulation of innovation activity // Development of the economy in an unstable international political situation: a collection of scientific articles. – St. Petersburg, 2016. – S. 66-70.
ECONOMY. RIGHT. SOCIETY
MEHDIYEV Seymour Tajaddin ogly
magister student of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
SULEYMANOVA Failya Khalimovna
magister student of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical 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
VISUAL BRAND COMMUNICATIONS AND THEIR IMPACT ON THE PSYCHOLOGY AND ECONOMIC OUTLOOK OF THE CONSUMER
The media perspective has been dramatically modeled with the advent of digital media in the early 21st century. Improved technologies and interaction with client technologies and other use cases include the use of media. Audio and impact communication strategies in marketing is understanding display advertising such as SEO (search engine optimization), pay per click advertising, digital public relations (DPR) and more. Particular attention in this article is given to the description of market marketing strategies using audio and visual technologies and their implementation by marketing professionals for a wide coverage of consumers and consumers.
Keywords: audiovisual communications, promotion of goods and services, digital marketing, marketing strategy, customer focus, media.
Reference list
1. Audiovisual Branded Content and interactive systems: reflections on the online customer engagement 1. – [Electronic resource]. – Access mode: https://www.scielo.br/j/interc/a/VYJHX3xXksjLB3nxSG9HnVx/?format=pdf&lang=en (accessed 04/01/2023).
2. Brand management: theory and practice. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=41369455 (date of access: 02/13/2023).
3. Integrated marketing communications. – [Electronic resource]. – Access mode: https://core.ac.uk/download/pdf/196277134.pdf (accessed 13 Feb 2023).
4. Bakulina A. A., Sokolova E. S. Research of the world and domestic experience in managing the processes of diversification of defense industry enterprises in the digital economy // National Security / Nota bene. – 2019. – No. 5. – P. 1-9.
5. Kolokoltseva K R. Marketing communications in social media as an effective tool for brand promotion (general characteristics) // Medialmanakh. – 2022. – No. 4 (111). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/marketingovye-kommunikatsii-v-sotsialnyh-media-kak-effektivnyy-instrument-prodvizheniya-brenda-obschaya-harakteristika (date of access: 03/09/2023).
ECONOMY. RIGHT. SOCIETY
ORLOVA Darina Sergeevna
student of the Baikal State University, Irkutsk
SHASTINA Anzhelika Razmikovna
senior lecturer of Legal support of national security sub-faculty of the Baikal State University, Irkutsk
FAKE NEWS IN THE ECONOMY: CREATING EXCESSIVE DEMAND FOR EXTRA PROFIT
The authors analyze the use by unscrupulous subjects of entrepreneurial activity of such a tool for obtaining superprofits as fake news or “fake news”. The main problems that arise in practice in the process of countering the spread of fake news are highlighted. The analysis of the reasons that contribute to the use and dissemination of fake news in the conditions of modern economy and technological progress is carried out. The conclusion is made about the need to strengthen the fight against the phenomenon under consideration and recommendations are formulated for further improvement of measures, including those contributing to the prevention of the spread of fake news.
Keywords: fake news, disinformation, superprofit, advertising, mass media, social networks.
Notebook biography
1. Burbyka M. M., Kulish A. N., Reznik O. N., Solonar A. V. Features of countering hidden advertising of narcotic drugs // Criminological journal of the Baikal State University of Economics and Law. – 2015. – V. 9. No. 2. – S. 334-342.
2. Kuprin A. A. et al. Economy: textbook / A. V. Buga, I. I. Grozavu, T. V. Danilova, L. V. Dorofeeva, V. S. Kudryashov, A. A. Kuprin , A.D. Shmatko; ed. A. A. Kuprin; Sosnovoborsk branch of the RANEPA. – St. Petersburg: Asterion, 2018. – 456 p.
3. Kyshtymova E. S. Formation of psychological media competence of specialists in the field of advertising and public relations // Baikal Research Journal. – 2021. – T. 12. – No. 4.
4. Moskalev M. V. Features and trends in the formation of consumer demand and supply in the food markets. Izvestia of the St. Petersburg State Agrarian University. – 2016. – No. 43. – P. 164-169.
5. Nosova S. S. Economic theory: textbook. – 4th ed., Sr. – Moscow: KNORUS, 2017. – 792 p.
6. Rubtsova N. V., Solodukhin K. S. In-game advertising: consumer perception and effectiveness // Baikal Research Journal. – 2022. – T. 13. – No. 2.
ECONOMY. RIGHT. SOCIETY
PSHIBYLSKIY Daniil Yurjevich
magister student of the 1st course of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technological University
THE ROLE OF A MENTOR IN THE ADAPTATION OF THE ORGANIZATION’S EMPLOYEES
The article discusses the problems of adaptation of new employees of the organization and ways to overcome them through the introduction of mentoring practices. The mentor, acting as an assistant for a new employee, ensures his accelerated training and introduction into the workflow, acquisition of necessary knowledge and gaining experience. Thanks to this method, the organization is able to avoid additional difficulties in both economic terms due to continuous development and the absence of significant costs for training new employees, and in the issue of ensuring personnel policy for adaptation.
Keywords: personnel management, mentoring, adaptation of employees, organization development.
Reference list
1. Emelyanova A. D. Mentoring as a method of adaptation of the personnel of the organization // Psychology of personnel management and social entrepreneurship in the context of changes in the technological structure. – Nizhny Novgorod: UNN them. N. I. Lobachevsky. – 2019. – P. 489-497.
2. Krasnikova Ya. V. Mentoring as a way to improve the efficiency of the use of enterprise personnel // Professional orientation. – 2017. – P. 230-233.
3. Seliverstova M. V., Belyaeva D. A. Comparative analysis of mentoring models in modern conditions // International Journal of Humanities and Natural Sciences. – 2019. – P. 110-116.
4. Sizonenko R. V. Institutionalization of mentoring in modern socio-economic conditions // Society: sociology, psychology, pedagogy. – 2021. – No. 8. – P. 92-95.
ECONOMY. RIGHT. SOCIETY
SAFINA Rezeda Raisovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
LIU Qiannan
magister studentnt of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
THE STRATEGIC OUTLOOK FOR AUDIT DEVELOPMENT
The article discusses the prerequisites for promoting the strategic transformation of information technology in the audit industry, explores the path of strategic transformation in audit by analyzing examples of information technology transformation in audit companies.
Keywords: information technology, audit, innovative tools, strategic transformation, digital technologies.
Reference list
1. Alvin Toffler, The Third Wave. – New York: William Morrow and company, INC., 1980. – 530 p. – ISBN 0-688-03597-3.
2. Marinina M. D. Main problems and prospects of the audit digitalization process // Economics and business: theory and practice. – 2022. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osnovnye-problemy-i-perspektivy-protsessa-tsifrovizatsii-audita.
3. Yakimova V. A. Opportunities and prospects for the use of digital technologies in auditing // Bulletin of St. Petersburg University. Economy. – 2020. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozmozhnosti-i-perspektivy-ispolzovaniya-tsifrovyh-tehnologiy-v-auditorskoy-deyatelnosti.
4. Deloitte official site. – [Electronic resource]. – Access Mode: https://kirasystems.com/resources/case-studies/deloitte/
5. PwC official website. – [Electronic resource]. – Access mode: https://h2o.ai/company/
6. Tafft, M. Robotic process automation (RPA) [Electronic resource] / M. Tafft, C. Flynn – EY. – [Electronic resource]. – Access Mode: https://www.ey.com/en_gl/tax/robotic-process-automation-rpa.
7. Rob Sanderson KPMG and IBMDriving innovation through digital acceleration. – [Electronic resource]. – Access Mode: https://kpmg.com/xx/en/home/about/alliances/ibm.html.
8. Bazerbashi Mohamad Strategic audit in conditions of automated information processing // Moscow Economic Journal. – 2020. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strategicheskiy-audit-v-usloviyah-avtomatizirovannoy-obrabotki-informatsii.
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher 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 the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the penitentiary 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 Scientific Research Institute of the FPS of Russia
MONTLEVICH Tatyana Andreevna
leading specialist of the Department of Economic Analysis of the Financial and Economic Department of the FPS of Russia
THE IMPORTANCE OF BUDGET REPORTING INDICATORS IN THE FOOD SUPPLY SYSTEM OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION
The article deals with the issues of reporting “Information on the movement of non-financial assets in terms of the movement of food” (f. 0503168), which are formed by the recipient of budget funds as part of the annual reporting. Currently, the Ministry of Finance of the Russian Federation plans to make adjustments to this information. The article deals with the issues of filling out this form in the institutions of the penal system of the Russian Federation. It is also shown that the planning, financing and control of food supply in the system depends on the informativeness and reliability of this accounting.
Keywords: budget, stocks, accounting statements, non-financial assets, penal enforcement system.
Reference list
1. Budget Code of the Russian Federation No. 145-FZ dated July 31, 1998 (as amended on December 28, 2022) (as amended and supplemented, effective from January 1, 2023) // SPS ConsultantPlus.
2. Order of the Federal Penitentiary Service of Russia dated December 26, 2018 No. 1382 “On approval of the statistical reporting form Tyl-15 “Report on carry-over stocks of food in the warehouses of penitentiary institutions” and instructions for filling out and submitting it.”
3. Order of the Ministry of Finance of the Russian Federation dated December 28, 2010 No. 191n “On approval of the Instruction on the procedure for compiling and submitting annual, quarterly and monthly reports on the execution of budgets of the budget system of the Russian Federation” (with amendments and additions) // ATPConsultantPlus.
ECONOMY. RIGHT. SOCIETY
CHELPANOVA Marina Mikhaylovna
Ph.D. in economical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KORENYUGIN Vitaliy Valerjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
IMPORT SUBSTITUTION AS A FACTOR IN THE DEVELOPMENT OF THE RUSSIAN ECONOMY
The article examines the current state of import substitution in the country. The main directions and goals of the state policy of import substitution in Russia at the present stage are considered. The analysis of the state policy of import substitution is carried out, the main achievements of Russia in this direction, as well as difficulties and shortcomings are revealed. The positive and negative sides of the import substitution policy are revealed.
Keywords: import substitution, import substitution prospects, state programs, domestic production, Russian economy, innovative technologies.
Reference list
1. Report on the results of monitoring the development of the Russian industry // Institute of Economic Policy. E. T. Gaidar. [Electronic resource]. – Access mode: https://www.iep.ru/ru/sobytiya/sergey-tsukhlo-vystupil-na-seminare-po-ekonomike-i-energetiki-i-okruzhayushchey-sredy-v-mshe-mgu-im- m-v-lomonosova.html (date of access: 28.01.2023).
2. Kirilenko Ya. V. The main stages of the import substitution policy as a tool for ensuring the economic security of the Russian Federation. Innovatsionnaya nauka. – 2022. – No. 11-1. – P. 43.
3. Popova I. N., Sergeeva T. L. Import substitution in modern Russia: problems and prospects // Beneficium. – 2022. – No. 2 (43). – P. 73.
4. Tumanyan Yu. R., Industriev M. A. Import substitution as a factor in the innovative development of the Russian economy. Izv. Sarat. University Nov. ser. Ser. Economy. Control. Right. – 2022. – No. 4. – P. 396.
5. Federal Service for Intellectual Property of Russia (Rospatent): [website]. [Electronic resource]. – Access mode: https://rospatent.gov.ru/ru/about/reports (date of access: 01/30/2023).
ECONOMY. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty of the Tyumen Industrial University
CHUMLYAKOVA Darya Vladimirovna
Ph.D. in economical sciences, associate professor of Economics and production organization sub-faculty of the Tyumen Industrial University
INTERNATIONALIZATION OF THE NORTHERN SEA ROUTE: OPPORTUNITIES AND OBSTACLES
The article is dedicated to the search for opportunities and obstacles for the internationalization of the Northern Sea Route (NSR), which is the basis of the transport infrastructure of the Russian Arctic and has significant potential when used as a transit international transport corridor. Freight traffic along the NSR has been studied. Possible prospects for expanding activities, developing the transit of goods and the export of transport services have been identified. At the same time, the obstacles to the internationalization of the NSR, associated with certain shortcomings and the risk of operating in an international environment, have been established.
Keywords: Arctic, Northern Sea Route, internationalization, international transport infrastructure, international transport corridors, integration.
Reference list
1. Bobrova Yu. V., Filippova L. V., Kuzmina K. A. Northern Sea Route: national legal regime in a changing international context. – Moscow: Non-profit partnership “Russian International Affairs Council”, 2016. – 12 p.
2. Kuznetsov A. L., Kirichenko A. V., Solyakov O. V., Semenov A. D. Sea container transportation: Monograph. – Moscow: MORKNIGA LLC, 2019. – 413 p. – ISBN 978-5-909080-47-6.
3. Icebreaking support for the largest national Arctic hydrocarbon projects / ROSATOMFLOT / Russian International Affairs Council (RIAC): official website. – [Electronic resource]. – Access mode: https://russiancouncil.ru/common/upload/5_Ruksha.pdf (date of access: 03/19/2023).
4. Novak A. The future of Russian oil in the era of energy transition // Scientific public and business journal “Energy Policy”: official site. – [Electronic resource]. – Access mode: https://energypolicy.ru/budushhee-rossijskoj-nefti-v-epohu-energoperehoda/business/2021/14/24/ (date of access: 03/19/2023).
5. Panibratov A. Yu. StratGuidelines for the internationalization of construction companies: prerequisites, directions and prospects // Bulletin of St. Petersburg University. Management. – 2010. – No. 1. – P. 61-86.
6. Passport of the federal project “Development of the Northern Sea Route” // Analytical Center for the Government of the Russian Federation: official website. – [Electronic resource]. – Access mode: https://ac.gov.ru/uploads/_Projects/PDF/KPMI/3._Passport_of_the_federal_project_“Development_of_the_North_Sea_Route”.pdf (date of access: 24.01.2023).
7. Chizhkov Yu. V. Arctic sea transport system. – St. Petersburg: Mediapapir, 2021. – 96 p.
8. Chumlyakov K. S. Internationalization of the national transport infrastructure in conditions of uneven spatial development // Eurasian legal journal. – 2020. – No. 5 (144). – P. 447-449.
9. Chumlyakov K. S. Fundamental principles of the internationalization of transport infrastructure // Eurasian legal journal. – 2022. – No. 7 (170). – S. 473-475. – DOI 10.46320/2073-4506-2022-7-170-473-475.
10. Chumlyakov K. S., Chumlyakova D. V. Development of global transport communications within the boundaries of international integration associations // Economics and Entrepreneurship. – 2015. – No. 9-2 (62). – P. 308-313.
11. Chumlyakov K. S., Chumlyakova D. V. Transit by the northern route // Economics and Entrepreneurship. – 2016. – No. 1-1 (66). – P. 139-144.
12. Chumlyakov K. S., Chumlyakova D. V., Ignatyuk Yu. L. Global competitiveness of the northern sea transport corridor for national and international transportation // Oil and gas terminal: Collection of scientific papers of the international scientific and technical conference named after Professor N. A. Malyushin , Tyumen, March 15, 2020 / Under the general editorship of M.A. Aleksandrov. Volume Issue 18. – Tyumen: Tyumen Industrial University, 2020. – P. 309-312.
ECONOMY. RIGHT. SOCIETY
UGURCHIEV Omar Bashirovich
Ph.D. in economic sciences, professor, Head of State and municipal administration sub-faculty of the Ingush State University
TSUROVA Liza Akhmetovna
Ph.D. in economical sciences, associate professor, Head of finance and credit sub-faculty of the Ingush State University
SHUMAKHOVA Karina Sultanovna
senior lecturer in Economics and accounting and analytical information systems sub-faculty of the Institute of Law, Economics and Finance of the Kh. M. Berbekov Kabardino-Balkarian State University
INNOVATIVE PROCESSES IN THE AGRO-INDUSTRIAL COMPLEX: PROBLEMS AND SOLUTIONS
The development of the agro-industrial complex in the Russian Federation and throughout the world in modern conditions is determined by the level of development of innovations. Innovations are a necessary tool for the development of the agro-industrial complex. Since the introduction of innovations in the agro-industrial complex can improve the efficiency of this sector. Scientific developments in the field of agro-industrial complex allow breeding new varieties of plants, new breeds of animals. Achievements of scientific and technological progress should be actively applied in practice. One of the problems is precisely the problem of the practical application of the achievements of science. It is typical for this industry that a very low percentage of scientific ideas and developments are applied in practice. The reason for this situation is: weak state support and low level of funding. The development of innovations in the agro-industrial complex is closely related to investment policy, since the main source of innovation financing is investments, both public and private. In many ways, it is the low investment attractiveness of the region that affects the level of development of innovations in the agro-industrial complex. One of the regions where the agro-industrial complex is one of the leading industries is the Kabardino-Balkarian Republic (KBR). It should be noted that the activity of scientific institutes in the republic is active and many developments have practical application. However, problems exist precisely in terms of the lack of sufficient investment.
Keywords: agro-industrial complex, innovations, researches, investments, financing, developments, scientific and technical progress.
Reference list
1. Innovations in the agro-industrial complex: incentives and barriers: materials of the conference. – Moscow: Scientific consultant, 2017. – 397 p.
2. Kazikhanov A. M. Modern problems of innovation in the agro-industrial complex (Theoretical aspects) // Fundamental research. – 2016. – No. 8-2. – P. 336-340.
3. Scientific priorities in the agro-industrial complex: innovations, problems, development prospects: a collection of scientific papers. – Tver: Tver State Agricultural Academy, [b. G.]. – Part 2, 2019. – 329 p.
4. Sklyarova Yu. M. Investments in the agro-industrial complex: textbook. – Stavropol: SSAU, 2015. – 352 p.
ECONOMY. LAW. SOCIETY
FEDULIN Elisey Andreevich
Chief Specialist of the Production Support Department of “Intelligent Systems” LLC
DANILOV Evgeniy Viktorovich
Ph.D. in biological sciences, associate professor of Theory and methodology of physical culture and sports sub-faculty of the M. Akmulla Bashkir State Pedagogical University
FEDULINA Inna Rifadovna
Ph.D. in pedagogical sciences, associate professor of Theory and methodology of physical culture and sports sub-faculty of the M. Akmulla Bashkir State Pedagogical University
MASEYCHUK Yuriy Maratovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
TO THE QUESTION OF LEGAL REGULATION OF PUBLIC-PRIVATE PARTNERSHIP IN THE FIELD OF HEALTH CARE
Health care is the most important social sphere of society. The science of “health economics” and the practice of economic analysis in Russian health care has more than 25 years. For a long time, health care management was based mainly on administrative methods, i.e. was in the hands of the state [18].
However, in the context of a socially oriented budget, which is quite seriously dependent on the price of energy resources, the state, through the adoption of special legal acts, makes attempts to establish opportunities for the participation of private investments in healthcare facilities [4 ].
The set of regulations governing the interaction between the state and a private investor, as practice shows, does not fully regulate these legal relations, laying only the general framework for the legal regulation of this area, which gives rise to quite serious problems of law enforcement , up to examples of social tension, in connection with which there is a need for continuous improvement. All this determines the relevance of the chosen topic.
The authors chose as the purpose of writing the article – a practical study of the application of legislation in specific historical conditions, establishing the principles of interaction between a public and a private participant in order to protect the rights of citizens and their legitimate interests for quality medical services.
The tasks of public-private partnership (hereinafter referred to as PPP) in healthcare today are as follows: improving the material and technical base of healthcare, creating conditions for the development of PPP in this area, reducing direct government spending on the maintenance of budgetary institutions, including expanding the practice of concluding concession agreements, increasing the quality of services provided by the private party and wholly or partly financed by the state.
The subject of the study are the objects (property complex transferred to PPP or concession) and PPP subjects (public partner and private partner).
The authors come to the conclusion that public-private partnership can make a certain contribution to the demonopolization of the Russian healthcare system due to the private, investment component, more efficient use of public spending, creating conditions for technological acceleration and stable development of healthcare. This article will be of interest to researchers in the field of law and health economics who study the development of public-private partnerships in the Russian Federation.
Keywords: public-private partnership, concession, healthcare, government programs, social sphere.
Reference list
1. Chikanayev S. Kazakhstan: Chapter 12 // The Public-Private Partnership Law Review. – London: Law Business Research Ltd., 2016. – P. 144-165. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/366030881_The_Public-Private_Partnership_Law_Review_Chapter_on_Kazakhstan (date of access: 01/09/2021).
2. Public-Private Partnership (P3). Model State Legislation. – Washington: Bipartisan policy center, 2015. – P. 10. – [Electronic resource]. – Access mode: https://studylib.net/doc/12386562/public-private-partnership–p3–model-state-legislation-d (accessed 20.08.2020).
3. Vaisser F-G. The Public-Private Partnership Law Review: France-White&Case / F-G. Vaisser, H. Martin-Sisteron, A. Seniuta // JDSUPRA. – 2016. – 23 Sept. – [Electronic resource]. – Mode of access: https://www.jdsupra.com/legalnews/the-public-private-partnership-law-46085/ (Accessed: 01/09/2021).
4. Babkin A. V., Chistyakova O. V., Blazhenkova N. M., Petrova A. D. Influence of innovative factors on the development of entrepreneurship // Bulletin of the South-Western State University. Series: Economy. Sociology. Management. – 2018. – T. 8. – No. 4 (29). – S. 27-38. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_23417532_70704629.pdf (date of access: 09.01.2021)
5. Report on the state of health of the population and the organization of health care based on the results of the activities of the executive bodies of the constituent entities of the Russian Federation for 2014. – [Electronic resource]. – Access mode: https://static-0.minzdrav.gov.ru/system/attachments/attaches/000/026/627/original/Doklad_o_sostojanii_zdorovja_naselenija_2014.pdf?1434640648 (accessed 08/20/2020).
6. Research “Public-private partnership in Russia 2016–2017: current state and trends, rating of regions” / Association “PPP Development Center”. – Moscow: Association “PPP Development Center”, 2016. – 32 p. – [Electronic resource]. – Access mode: http://www.pppi.ru/sites/default/files/pdf/raytingreg2017.pdf (accessed 07/31/2020).
7. Laichenkova N. N., Nefedova S. A. Problems of establishing the institution of public-private partnership in the healthcare system of the Russian Federation // Leningrad Journal of Law. – 2017. – No. 1 (47). – S. 118-126. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_29825757_17944161.pdf (date of access: 01/09/2021).
8. On public-private partnerships, municipal partnerships in the Russian Federation and amendments to certain legislative acts of the Russian Federation: Federal Law No. 224-FZ of July 13, 2015: latest edition // Law. – [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=1023763 (date of access: 20.08.2020).
9. Popondopulo VF Legal forms of implementation of investment agreements with the participation of public law education. Izvestiya vuzov. Jurisprudence. – 2013. – № 2. – P. 79-92.
10. Russian experience of public-private partnership in health care (Health care in Russia: national projects and programs) // ZDRAV.ru. – 2017. – 1 Feb. – [Electronic resource]. – Access mode: https://www.zdrav.ru/articles/4293654505-gosudarstvenno-chastnogo-partnerstva-v-zdravoohranenii (date of access: 20.08.2020).
11. Shubina D., Dobrovolsky T. The Ministry of Health improves the legal framework for federal PPP projects // WADEMECUM. – 2017. – April 18. – [Electronic resource]. – Access mode: https://vademec.ru/article/minzdrav_usovershenstvuet_pravovuyu_bazu_dlya_federalnykh_gchp-proektov/ (date of access: 07/31/2020).
12. Uyba V. V., Chernyshev V. M., Pushkarev O. V., Strelchenko O. V., Klevasov A. I. Economic methods of management in health care / Ed. ed. prof. V. V. Uyba. – Novosibirsk: Alfa-Resource LLC 2012. – 314 p.
ECONOMY. RIGHT. SOCIETY
YAMALETDINOVA Klara Shaikhovna
Ph.D. in technical sciences, professor, Head of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University; associate professor of economic and legal security sub-faculty of the Ufa University of Science and Technology
SHCHERBAKOV Andrey Timofeevich
magister student of the Ufa State Petroleum Technical University
ENSURING INDUSTRIAL SAFETY AT PETROCHEMICAL ENTERPRISES
Industrial safety at petrochemical enterprises is an essential element of ensuring individual protection, protecting public and environmental well-being. The study of this problem is the most important issue that ensures the sustainable development of social and industrial systems. The object of research is the petrochemical complex as an element of the production systems of the economic complex of the country. The subject of the study is industrial safety as an element of ensuring the smooth operation of petrochemical enterprises and ensuring individual, social and environmental well–being. The purpose of the study is to consider the concept of industrial safety and its elements in the modern management system in a meaningful way. The study examines the content of industrial safety at petrochemical enterprises, uses the report of Academician D. S. In which he argues complexity in the understanding of industrial safety, the main elements and content of industrial safety at modern petrochemical enterprises are considered.
Keywords: accident rate, petrochemical production, environmental well-being, technical means, public well-being.
Reference list
1. Lvov D. S. New industrial policy of Russia // Economic science of modern Russia. – 2007. – № 3. – P. 9-12.
2. Skobelev D. O. Ecological industrial policy: main directions and principles of formation in Russia // Bulletin of the Moscow University. Series 6. Economy. – 2019. – No. 4. – S. 78-94.
3. Olishevsky A. T., Moskovaya I. V., Popko R. E. On the industrial safety of petrochemicalRussian enterprises // World science: problems and innovations: collection of articles LIX International scientific and practical conference, Penza, November 30, 2021. – Penza: Science and Education (IP Gulyaev G. Yu.), 2021. – P. 90-94. – EDN KVGDJR.
ECONOMY. RIGHT. SOCIETY
YANTUDIN Artur Nurullovich
magister student of the Ufa State Petroleum Technical University
KIREEVA Olga Alexandrovna
associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
NON-MATERIAL MOTIVATION AS A KEY FACTOR FOR MAXIMIZING THE RESOURCE POTENTIAL OF EMPLOYEES OF VIOGPC PROJECT INSTITUTES
This article discusses aspects of non-material motivation of employees in order to achieve the maximum efficiency of their activities, describes approaches to assessing the effectiveness of the activities of knowledge workers in VIOGPC.
Keywords: motivation, efficiency, design institutes, vertically integrated oil and gas producing company (VIOGPC).
Reference list
1. Drucker P. F., Macyarello J. A. Management. Moscow: I.D. Williams, 2010. 704 p.
2. Friedman A. How to punish subordinates: for what, for what, how. Professional technology for regular management. M.: LLC “Publishing House “Good Book”, 2017. 320 p.
3. Zoidov K. Kh., Ryazantsev S. V., Gnevasheva V. A. On the problem of forming a new evolutionary model of the Russian labor market in the context of integration and globalization. Part I // Regional problems of economic transformation. 2013. No. 3 (37). pp. 51-60.
4. Zoidov K. Kh., Ryazantsev S. V., Gnevasheva V. A. On the problem of forming a new evolutionary model of the Russian labor market in the context of integration and globalization. Part II // Regional problems of economic transformation. 2013. No. 4 (38). pp. 50-58.
5. Zoidov K. Kh., Sokolova L. V., Urunov A. A., Yankauskas K. S. Theory of technological development of the economy: patterns and trends // Regional problems of transformation of the economy. 019. No. 10 (108). pp. 110-125.
6. Nayeri M. D. et al. A model on knowledge workers performance evaluation // Review of Knowledge Economy. 2016. V. 3. No. 1. S. 1-13.
ECONOMY. RIGHT. SOCIETY
NERSESYANTS Boris Andreevich
master of economics, IE Boris Nersesyants (sales on WB ozon)
ECONOMIC PREREQUISITES FOR THE USE OF FRANCHISING IN THE SERVICE SECTOR AND THE EVOLUTION OF ITS DEVELOPMENT
When franchising is considered as a business model, one of the options arises: which type of business and in which sector it is most suitable. One of the main options is to make a product or service. One basic equation to consider when evaluating the service sector is: customers are willing to exchange money for time. The article discusses the basic concept of franchising, the history of franchising development, the ratio of a service franchise or a product franchise, as well as the positive and negative aspects of the use of franchising in the service sector.
Keywords: franchising, franchise, franchising in the service sector.
Reference list
1. Grunina O. A. Development of the service sector through franchising // Scientific Almanac of the Central Chernozem Region. – 2019. – No. 2. – P. 64-66.
2. Kobylatova M. F., Bondareva M. V. Franchising in the Russian Federation as an element of the service sector // Problems and trends in scientific transformations in the conditions of society transformation: a collection of articles based on the results of the International Scientific and Practical Conference, Volgograd, April 28, 2020. – Sterlitamak: Limited Liability Company “International Research Agency”, 2020. – P. 118-120.
3. Liskina V. A. Franchising as an innovative prerequisite for improving the efficiency of small business in the service sector // Scientific electronic journal Meridian. – 2020. – No. 3 (37). – S. 177-179.
4. Obryashchikov P. A. The main advantages and disadvantages of using franchising // Alley of Science. – 2021. – T. 1. No. 4 (55). – S. 385-389.
5. Sleptsova E. V., Akhinyan A. V., Martirosyan A. E. Franchising as a tool for the development of the service sector // Economics and business: theory and practice. – 2019. – No. 1. – P. 220-223.
6. Shestakova E. V., Sitzhanova A. M. Development of franchising in the service sector // Economics and Entrepreneurship. – 2019. – No. 5 (106). – S. 1076-1081.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Olga Valentinovna
Ph.D. in science philosophicals, professor, professor of Philosophy, soсiology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
VASENKIN Alexey Vadimovich
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Irkutsk National Research Technical University
SOCIO-ETHICAL FEATURES OF THE HISTORICAL DEVELOPMENT OF SCIENTIFIC AND TECHNICAL ACTIVITIES
The article examines the socio-ethical aspects of the historical development of scientific and technical activity: from the early forms of technical activity in ancient times to the modern state, which is commonly called technoscience. The features and influence of the development of scientific and technical activities on society, as well as the essential changes of this influence are highlighted. The authors indicate that the revision of the socio-ethical guidelines of modern scientific and technical activity as a technoscience is relevant in the current conditions. These socio-ethical guidelines formulated by scientists in the middle of the XX century as a result of the creation and use of atomic weapons have already lost their significance in the current conditions. In this connection, the authors write about the need to form fundamentally new socio-ethical norms in science and technology, corresponding to the realities of the XXI century.
Keywords: science, technology, technical activity, scientific and technical activity, engineering activity, technoscience, scientific and technical progress, scientific and technical revolution, ethics of science, ethics of scientific and technical activity.
Reference list
1. Baudrillard J. Consumer society: its myths and structures. – Moscow: Republic; Cultural Revolution, 2006. – 268 p.
2. Gaidenko P. P. Western European science in the Middle Ages. General principles and doctrine of motion. – Moscow: Nauka, 1989. – 351 p.
3. Gorokhov VG Know to do: the history of the engineering profession and its role in modern culture. – Moscow: Knowledge, 1987. – 173 p.
4. Dyatchin N. I. The history of the development of engineering activities and technical education in the development of science and technology // News of the Altai State. university – 2010. – No. 3-4. – P.68-72.
5. Kryshtanovskaya O. V. Engineers. Formation and development of a professional group. – Moscow: Nauka, 1989. – 140 p.
6. Losev A. F. History of ancient aesthetics. Late Hellenism. – T. 6. – Moscow: Art, 1980. – 737 p.
7. Mitcham K. What is the philosophy of technology? – Moscow: Aspect Press, 1995. – 148 p.
8. Onoprienko V. I. Technoscience in the knowledge society / Bulletin of the National Aviation University. Philosophy. Culturology. – 2009. – No. 1 (9). – P. 33-36.
9. Touraine A. Return of the acting person. Le retour de L’acteur: An essay in sociology. – Moscow: Nauch. world, 1998. – 203 p.
10. Schwab K. The fourth industrial revolution. – Moscow: Eksmo, 2018. – 285 p.
11. Shnurenko I. Hacked man. – Moscow: Publishing house “Our tomorrow”, 2021. – 456 p.
12. Schwab K., Malleret T. COVID-19: The Great Reset. – World Economic Forum, 2020. – 280 p.
PHILOSOPHY. RIGHT. SOCIETY
BALCHINDORZHIEVA Oyuna Bairovna
Ph.D. in science philosophy, associate professor of Philosophy sub-faculty of the Dorzhi Banzarov Buryat State University
ZAITSEVA Anastasia Andreevna
magister student of the 1st course of the Dorzhi Banzarov Buryat State University
TSYRENDASHIEVA Viktoriya Tsybikovna
magister student of the 1st course of the Dorzhi Banzarov Buryat State University
THE PHILOSOPHY CONCEPT OF ENVIRONMENTAL LAW IN CHINA
The article is dedicated to the discussion of the philosophical foundations of the problem of regulating the sphere of environmental protection in China. When the environmental crimes provision was first enshrined in China’s criminal law in 1997, it was criticized by the academic community as a type of legislation based on “anthropocentric values.” There is a discussion in the Chinese scientific community about the object of environmental legislation, i.e. about what it should protect: the interests of people or the interests of nature itself?
This article includes a socio-philosophical analysis of the features of China’s legislation on environmental crimes in different periods, as well as the values that should be reflected in Chinese legislation on environmental crimes. When developing national or regional strategies for sustainable development, it is proposed to pay special attention to environmental ethics, since only it can ensure harmonious relations between society and the environment, take into account the interests of economic development, as well as strengthen the legal system and increase public environmental awareness.
Keywords: China; anthropocentrism; ecocentrism; ecoanthropocentrism; ecological philosophy; environmental ethics; environmental crimes; environmental protection; the period of complex exploration; the period of official establishment; the period of active optimization; the theory of ecological civilization.
Reference list
1. Mantatov VV, Mantatova LV Environmental ethics as a philosophical project of life // Humanitarian Vector. Series: Philosophy, cultural studies. 2016. No. 1. S. 36-40.
2. Zhang G. Impact of the Stockholm Conference “Man and the Environment” on environmental management in China // Contempt. World. 2010. No. 1. P.72-73.
3. Jiao Yu. Causes and reflection of the deficit of judgments in environmental criminal cases in China – statistical analysis based on relevant information // Legal Sciences. 2013. No. 6. S. 74-83.
4. Chang D., Gao D., Wang H., Meng H. Mechanisms of influence of the National Pollution Sources Census on public participation and environmental awareness in China // Cleaner Production Journal. 2022. No. 363. S. 132-397.
5. An R. Clarification, Reflection and Perspective: A Philosophical and Legal Study of Environmental Crimes // Journal of Geosci University of China. 2015. No. 4. S. 61-69.
6. Almiron N., Tafalla M. Rethinking the ethical challenge in a climate impasse: anthropocentrism, ideological denial and liberation of animals // Journal of Agricultural and Ecological Ethics. 2019. No. 32. S. 255-267.
7. Chen B., Jiang H., Ye J. Environmental criminal law from an environmental perspective // Lingnan Journal. 2008. No. 5. S. 63-67.
8. Qian S. Necessity and reality of objects of environmental law // Chinese legal science. 2003. No. 3. pp. 23-31.
9. Norton BG Ecological ethics and weak anthropocentrism // Ecological ethics. 1984. No. 6. P. 131-148.
10. Hettinger N., Drup B. Reorientation of ecocentrism // Ecological ethics. 1999. No. 21. S. 3-21.
PHILOSOPHY. RIGHT. SOCIETY
VOYTOV Alexander Vladimirovich
Ph.D. in sociological sciences, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia, senior lieutenant of police
GLADKOV Dmitriy Viktorovich
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
MIKHAYLOV Sergey Nikolaevich
Ph.D. in science philosophicals, associate professor of Philosophy, history and law sub-faculty of the Volgograd State Agrarian University
TRADITIONAL RUSSIAN SPIRITUAL AND MORAL VALUES IN THE CONSUMER SOCIETY: A SOCIOLOGICAL VIEW
The article analyzes the traditional Russian values, indicated in the decree of the President of the Russian Federation of November 9, 2022. An attempt was made to compare these values with the values that dominate in the consumer society. In the article there are specified presence and spread of “I-values” in Russian society, fixed by a sociological study. At the same time, such selfish values are opposed by traditional values, including the values of collectivism and sociality, declared in the decree of the President of the Russian Federation. Both social and individual levels of distribution of values are taken into account. . The relationship between the preservation of values and the preservation of Russian history and culture is indicated. In conclusion, the legal and informational factor of preserving traditional values is taken into account.
Keywords: consumer society, interpersonal relations, simulacrum, advanced consumption, globalization, informatization, manipulation, public consciousness, traditional values, collectivism, sociality.
Reference list
1. Decree of the President of the Russian Federation dated November 9, 2022 No. 809 “On approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values”. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202211090019 (date of access: 11/10/2022)
2. Baudrillard J. Consumer society: its myths and structures; [per. from French, afterword and note. E. A. Samarskaya]. – Moscow: Republic: Cultural Revolution, 2006. – 268 p.
3. Voitov A. V., Gladkov D. V. Social readiness for the consequences of a pandemic: a sociological view // Logos et Praxis. – 2021. – V. 20. No. 2. – S. 143-153.
4. Toffler E. Future shock. [Trans. from English: E. Rudneva and others]. – Moscow: AST, 2003 (GUP IPK Ulyan. Press House). – 557 p.
5. Debord G. The Society of the Spectacle [Transl. from fr. C. Offeras and M. Yakubovich]. – M.: Logos, 1999. – 224 p.
6. Galbraith J. New industrial society. – Moscow: AST Publishing House LLC, 2004. – 602 p.
7. RAEC study / NRU HSE 2022. [Electronic resource]. – Access mode: https://raec.ru/live/raec-news/13010 (accessed 11/19/2022).
8. Maslow A. On the approaches to the psychology of being. Translation into Russian: O. Chistyakov. – Moscow, 1997. – 270 p.
9. Kagan M. S. Philosophical theory of value. – St. Petersburg: LLP TK “Petropolis”, 1997. – 205 p.
10. Veblen T. V. The theory of the leisure class. [Trans. from English: V. Zhelninov]. – Moscow: AST, 2021. – 384 p.
PHILOSOPHY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of the Ufa State Petroleum Technical University
GROGULENKO Anastasia Igorevna
student of the Ufa State Petroleum Technical University
PALAEVA Anastasia Sergeevna
student of the Ufa State Petroleum Technical University
LEVASHOV Dmitry Andreevich
student of the Ufa State Petroleum Technical University
ECOLOGICAL CONSCIOUSNESS OF YOUTH (ON THE EXAMPLE OF UFA)
The article examines the ecological consciousness of youth as an element of ecological culture. Environmental issues of our time are considered as a problem of human attitude to the environment, and, accordingly, human consciousness. Therefore, the prevention of a global environmental crisis is impossible without a purposeful transformation of the individual’s consciousness, especially at a young age, when the formation of basic values, attitudes and life orientations takes place.
Keywords: ecological consciousness, ecology, nature protection, youth.
Reference list
1. Ulyanova N. V. Ecological consciousness and ecological culture, problems and prospects // Bulletin. – M., 2007. – No. 6. – S. 61.
2. Grogulenko N. V., Gareev E. S. Formation of patriotism, civil identity and culture of interethnic interaction (on the example of the Ufa National Oil Technical University) // Oil and gas business: electron. scientific magazine – 2015. – No. 5. – P. 702–720. [Electronic resource]. – Access mode: http://www.ogbus.ru.
3. 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. – S. 433-438.
4. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Social responsibility of engineering staff workers as a factor in the economic growth of the national economy // In the collection: Business 4.0 as a Subject of the Digital Economy. Cham. – 2022. – S. 81-86.
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
HUMAN RIGHTS AND LIMITS OF GROWTH
The anti-growth concept assumes that ecological resources, population growth and consumerism are not compatible with each other. Maximizing happiness for the greatest number of people is just a beautiful idea, nothing more. Humanity can spend its time on the planet in relative sustainability, but this requires a substantial reduction in many goods as well as restrictions on human rights.
Keywords: entropy, environmental capacity, limits to growth, anti-growth, de-growth, world debt, overcredit, monetarism, consumerism, generations of rights, dogmatism in law.
Reference list
1. Benoit A. Forward, to the cessation of growth! Ecological and philosophical treatise. – Moscow: Institute for General Humanitarian Research, 2016. – 112 p.
2. Morozov V. M., Timoshchuk A. S. Moral values and the future of mankind // Bulletin of the Vladimir Law Institute. – 2018. – No. 1 (46). – P. 180-184.
3. Timoshchuk A. S. Limits of growth and current problems of global sustainability // Actual problems of the humanities and socio-economic sciences. – 2020. – No. 2 (73). – S. 148-158.
4. Timoshchuk A. S. The limit of the capacity of the environment and HMSP methodology // In the collection: Actual problems and prospects for the development of the scientific school of Chrono-discrete monogeographic comparative law. Collection of scientific papers based on the materials of the Fourth All-Russian Scientific Conference. – Nizhny Novgorod: NRU RANEPA, 2021. – S. 52-62.
5. Timoshchuk A. S. Russian cosmism: industrial breakthrough and technological limits // Bulletin of the Tver State Technical University. Series: Social Sciences and Humanities. – 2019. – No. 1 (16). – S. 19-26.
6. Timoshchuk A. S. Russia and the world: cognitive-semantic operators of the future //Eurasian legal journal. – 2022. – No. 12 (175). – P. 424-426.
7. Tymoshchuk A. S. Russia in the transstructural world: post-liberalism, the economy of real assets, sustainable development // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 14-17.
8. Sébastien L., Brodhag C. A la recherche de la dimension sociale du développement durable // Développement durable et territoires. Economie, geographie, politique, droit, sociology. 2004. Dossier 3. [Electronic resource]. – Access mode: https://doi.org/10.4000/developmentdurable.1133.
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
TYPOLOGY OF POLITICAL ELITES
The article is dedicated to the study of typology of political elites. The main criteria for the typologization of political elites, according to the authors, are (1) taking into account the contradictory nature of the political relations (political system), (2) the nature of the problems faced by society at this stage, ( 3) the principle of historicism. Based on these criteria, the authors identified two types of political elites (politicians): politicians-strategists and politicians-technologists. Their comparative characteristics are given according to a number of criteria.
Keywords: politics, political elites, political system, politicians-strategists, politicians-technologists.
Reference list
1. Alekseeva T. A., Loshkarev I. D., Parenkov D. A. Dilemmas of the modern theory of political elites: what’s next? // Polis. Political studies. 2021. No. 5. P. 78-93.
2. Ashin G.K. Modern theories of the elite: Critical essay. M.: Intern. relations, 1985. 256 p.
3. Vico J. Foundations of a new science of the general nature of nations. Moscow – Kyiv, 1994.
4. Duka A. V. On approaches to the analysis of power elites // Management consulting. 2012. No. 3. P. 48-55.
5. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. The logic of the evolution of political elites // Eurasian Law Journal. 2023. No. 1 (176). pp. 476-477.
6. Machiavelli N. Sovereign. M.: Planeta, 1990.
7. Naronskaya A. G. Conceptual approaches to the study of political elites (world and domestic experience) // Proceedings of the Ural Federal University. 2019. Series 3. Social Sciences. No. 14, 1 (185). S.86-93.
8. Pareto V. Compendium on General Sociology [Text] / V. Pareto; per. from Italian. A. A. Zotova; scientific ed., foreword. to Russian ed., op. the names of M. S. Kovaleva; scientific consult. N. A. Makasheva; State. un-t – Higher School of Economics. – 2nd ed. M.: Ed. GU HSE, 2008. 511, [1] p.
9. Plato. State // Collected. op. in 4 volumes. T. 3. M., 1994.
PHILOSOPHY. RIGHT. SOCIETY
MALAKHOVA Elena Vladimirovna
Ph.D. in philosophical sciences, senior researcher and doctoral student of the Institute of Philosophy of the Russian Academy of Sciences
SUBJECTNESS – A GOAL OR AN OBSTACLE TO THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE?
This article examines how the concept of subjectness is applicable to existing technological innovations in the field of artificial intelligence. The main questions of this work were the following: to what extent can modern artificial intelligence be endowed with properties that determine subjectness, and is the latter a goal that can be pursued during its development, or, conversely, an insurmountable obstacle to its improvement? The article concludes in favor of the second of the mentioned points of view, however, it is indicated that subjectness, being an obstacle that hinders the development of artificial intelligence, nevertheless, at the same time ensures the autonomy and safety of its creator-human .
Keywords: artificial intelligence, subjectness, individual subject, collective subject, pseudosubject.
Reference list
1. Alekseeva I. Yu. Subjectivity of artificial intelligence: old questions in new contexts // Information society. 2020. No. 6. P. 2-6.
2. Vedyakhin A. et al. Strong artificial intelligence: on the approaches to superintelligence. M.: Intellectual Literature, 2021. 232 p.
3. Zhuravlev A. L. Collective subject: main features, levels and psychological types // Psychological journall. 2009. V. 30. No. 5. S. 72-80.
4. Lepsky V. E. Analytics of the assembly of development subjects. Moscow: Kogito-Center, 2016. 130 p.
5. Petrovsky V. A. Individuality, self-regulation, harmony // Moscow Journal of Psychotherapy. 2008. No. 1. P. 64-90.
6. Kingwell M. Are Sentient AIs Persons? // The Oxford Handbook of Ethics of AI, (ed.) Markus D. Dubber, Frank Pasquale, Sunit Das. Oxford, Oxford University Press, 2020. 881 p.
PHILOSOPHY. RIGHT. SOCIETY
MARKOVA Natalya Mikhaylovna
Ph.D. in science philosophicals, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletovs Vladimir State University
POLITICAL MERCY: SOME ASPECTS OF MODERN THEOLOGICAL AND PHILOSOPHICAL UNDERSTANDING
The article is devoted to the problem of the modern understanding of mercy, which is comprehended by both representatives of philosophical thought and leaders of Christian churches as a necessary condition for the existence of the modern world. Based on the principles of compassion, mercy is designed to develop respect, sympathy, kindness, promotes the implementation of a dialogue between “ours” and “theirs”. In the modern world, a new form of mercy is becoming relevant – political / social mercy, proposed by a number of spiritual mentors, including Pope Francis. Political mercy, based on political love, realizing the principles of brotherly friendship, serves to unite people in the implementation of joint work to establish a social and political order based on social mercy.
Keywords: mercy, political mercy, social mercy, politics, Christianity.
Reference list
1. Berezina E.M. The Idea of Mercy in Religious Morality // Bulletin of the KSU. N. A. Nekrasova. 2010. No. 4. P. 19-23.
2. Berezina E.M. Mercy: the experience of defining the concept // Bulletin of PNRPU. Culture. Story. Philosophy. Right. 2018. No. 1. P. 5-10.
3. Dal V. Explanatory dictionary of the living Great Russian language. SPb.-M.: T-vo M.O. Wolf, 1905. 2030 p.
4. Patriarch Kirill: Deeds of mercy open before us the opportunity to find the joy of eternal being with God. [Electronic resource]. – Access mode: https://tatmitropolia.ru/other_doc/social/default.asp?id=75002 (accessed 04/09/2023)
5. Rybalka Yu. A. To the question of the relationship between the concepts of “altruism” and “mercy” // Philosophy of Law. 2018. No. 3. P. 99-103.
6. Semenov A. V. Etymological dictionary of the Russian language. [Electronic resource]. – Access mode: http://evartist.narod.ru/text15/001.htm (date of access: 04/03/2023)
7. Philaret, Met. Minsky and Slutsky. Problems of theological anthropology // Proceedings of the Minsk Theological Academy. 2004. No. 3.
8. Francis. Fratellitutti. About brotherhood and social friendship. M.: Medina Publishing House, 2021. 232 p.
9. Tsygankova N. V. About mercy. [Electronic resource]. – Access mode: https://azbyka.ru/o-miloserdii (date of access: 21.04.2023)
10. Encyclopedic dictionary of political terms. [Electronic resource]. – Access mode: https://politike.ru/termin/miloserdie.html (date of access: 04/03/2023)
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in science philosophicals, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University; associate professor of Pedagogical technologies sub-faculty of the Kuzbass State Agricultural Academy
SOCIAL INSTITUTION AS HARD-TO-FORMALIZE OBJECT: PHILOSOPHICAL ANALYSIS
The article presents a philosophical analysis of a social institution as an object that is difficult to formalize. To reveal the stated goal, the author refers to the works of classics and modern thinkers. The essential characteristics of institutions are generalized. In conclusion, the main results of the study are summarized.
Keywords: institution, society, person, culture, interactions.
Reference list
1. Berger P., Lukman T. Social construction of reality. Treatise on the sociology of knowledge. – M.: MEDIUM, 1995. – 323 p.
2. Gudarenko Yu. A. The labor market as a social institution in modern Russian society // Proceedings of the Russian State Pedagogical University. A. I. Herzen. – 2010. – No. 124. – P. 330-336.
3. Kornetov G. B. Theoretical and historical understanding of educational institutions and pedagogical institutions (article 2) // Istoriko-pedagogical zhurnal. – 2017. – No. 3. – P. 43-83.
4. Malinovsky B. Scientific theory. – M.: OGI, 2005. – 184 p.
5. North D. Institutions, institutional changes and functioning of the economy. – M.: Nachala, 1997. – 180 p.
6. Rozin V. M. Formation and especiallyawn of social institutions: Cultural-historical and methodological analysis. – M. LIBRIKOM, 2013. – 160 p.
7. Frolov S. S. Sociology of organizations. – M.: Gardariki, 2001. – 382 p.
8. Shubnikov Yu. B. Signs and functions of social institutions // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2013. – No. 4 (60). – S. 44-49.
9. A workbook and reader in sociology / Ed. by Leon F. bouvier. – Berkeley, California, 1968. – P. 30-31.
PHILOSOPHY. RIGHT. SOCIETY
KHABIBOVA Madina Magomed-Khabibovna
student of the Dagestan State Medical University of the Ministry of Health of Russia
Shikhalieva Nurizhat Maximovna
student of the Dagestan State Medical University of the Ministry of Health of Russia
BABAEVA Zamira Arifovna
student of the Dagestan State Medical University of the Ministry of Health of Russia
IBRAGIMOVA Emina Sultanakhmedovna
Ph.D. in pedagogical sciences, associate professor of the Dagestan State Medical University of the Ministry of Health of Russia
EUTHANASIA: UNDERSTANDING AND PRINCIPLES OF BIOETHICS
This article examines the ethical and moral aspects of euthanasia and its connection to the discipline of bioethics. The main principles of bioethics that should be considered when making decisions about euthanasia are discussed. The reasons and arguments for and against euthanasia are also discussed, as well as its legal status in different countries of the world. The risks and negative consequences associated with conducting euthanasia are examined, and practical tools are proposed to ensure its ethical and legal aspects.
Keywords: euthanasia, bioethics, ethics, morality, principles of bioethics, legal status, risks and negative consequences, practical tools.
Reference list
1. Batyrkhanov B. T. Euthanasia in Russia: legal and medical aspects [Text] // Medical ethics and law. – 2017. – V. 14. No. 1. – S. 35-41.
2. Vikulov V. Euthanasia in Russia: history, morality, legislation [Text] // Bulletin of Siberian Medicine. – 2014. – V. 13. No. 3. – S. 111-117.
3. Grin A. Euthanasia in medical practice [Text] // Healthcare. – 2016. – No. 5. – P. 17-22.
4. Miloserdov V. Euthanasia: problems and prospects [Text] // Medical Sciences. – 2019. – No. 1. – P. 20-25.
5. Ryzhikov V. Ethical aspects of euthanasia [Text] // Medical journal. – 2015. – V. 8. No. 2. – S. 7-12.
6. Stepanenko L. Euthanasia: current state and development prospects [Text] // Medical almanac. – 2018. – V. 56. No. 2. – S. 50-56.
7. Chernova, N. Ethical aspects of euthanasia in medicine [Text] // Experimental and clinical medicine. – 2016. – V. 4. No. 1. – S. 50-56.
8. Shamsutdinova R. Ethical and medical aspects of euthanasia [Text] // Bulletin of science and practice. – 2017. – T. 11. No. 2.
PHILOSOPHY. RIGHT. SOCIETY
JIANG Dan
associate professor, Heihe University, Heihe City, Heilongjiang Province, China
THE IMPACT OF PHILOSOPHICAL THINKING ON THE QUALITY OF LIFE OF CHINESE RESIDING IN RUSSIA
The article examines in detail the influence of philosophical thinking on the quality of life of Chinese living in Russia. The significance and necessity of perceiving the new world through the prism of philosophizing and philosophical views are considered in the following key areas: human intellectual culture and erudition, life demands, science, education, state or political strategic projects and decisions. Emphasis is placed on the significance of philosophical thinking in the cognition of the supersituational level of life in Russia.
Keywords: philosophy, cognition, culture, society, Russia, Chinese, integration, education.
Reference list
1. Pugin V. B. The concept of “quality of life” in social philosophy // Eurasian legal journal. – 2020. – No. 1 (140). – P. 490-491.
2. Baranetsky A. N. Criteria for the progressivity of philosophy and criteria for the progress of civilization as a problem of generalization and determination of the quality of spiritual life // Archon. – 2022. – No. 1 (28). – P. 72-81.
3. Penkov V. E., Volochkov I. V. Systemic hedonism as a new paradigm of life quality management // Eurasian Law Journal. – 2020. – No. 3 (142). – P. 420-422.
4. Shevtsova E. A. Socio-philosophical understanding of social prevention: social policy and the quality of human life in modern society // Context and reflection: philosophy about the world and man. – 2020. – V. 9. No. 3A. – P. 44-52.
5. Pugacheva N. P. Ethical understanding of the phenomenon of life in the XX century // National health. – 2021. – No. 1. – P. 104-106.
6. Smirnov T. A. Socialization as a process of interaction of structural elements of society. Economics and Society. – 2020. – No. 3 (70). – S. 679-684.
PHILOSOPHY. RIGHT. SOCIETY
AVETISYAN Viktoriya Sergeevna
postgraduate student of Philosophy, law and social sciences and humanities sub-faculty of the Armavir State Pedagogical University
SOCIOCULTURAL ASPECTS OF THE FORMATION OF GENDER IDENTITY IN MODERN SOCIETY
The article deals with the phenomenon of gender as a complex socio-cultural phenomenon, as well as the processes of transformation of gender relations in modern society. The socio-cultural aspects of understanding this problem in social philosophy are analyzed. Some Russian features of understanding the phenomenon of gender are revealed. The article uses the principle of interdisciplinarity and complementarity, the basis of which is the sociocultural approach, which is implemented both at the level of general theoretical research and at the level of comprehension of specific socio-political problems related to gender identity. It is stated that modern Russia will have to comprehend the “gender doctrine” in various types of social discourse.
Keywords: modern society, gender, gender relations, social norm, femininity, masculinity, gender myth, gender stereotype, gender identity.
Reference list
1. Weininger O. Gender and character. Moscow: Forum, 1991. 192 p.
2. Balditsyna E. I., Baklanov I. S., Baklanova O. A. Features of the study of gender identity in modern social theory // Woman in Russian society. 2019. No. 2. P. 43-51.
3. Makaeva G.Z. Gender as a sociocultural phenomenon // Eurasian Law Journal. 2018. No. 12 (127). pp. 500-502.
4. Mityaev Yu.G. Men and women: gender in the fairy tales of the peoples of the world // The Times of Science. 2021. No. 2. P. 18-26.
5. Baklanova O.A., Demchenko N.A. Gender transformations in modern Russian society // Theory and practice of social development. 2015. No. 12. P. 323-325.
6. Ushakin S. He is a kind of man: signs of absence // On masculinity: Sat. Art. M., 2002. S. 17-18.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Olga Valentinovna
Ph.D. in science philosophicals, professor, professor of Philosophy, soсiology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
CHUKSINA Valentina Valerjevna
Ph.D. in Law, professor, Head of Legal support of national security sub-faculty of the Baikal State University, Irkutsk
PHILOSOPHICAL ASPECTS OF THE CONCEPT OF INFORMATION AND ITS APPLICATION IN THE NATURAL SCIENCES
The article shows that the development of information technology, the emergence of new opportunities for scientific knowledge sharply stimulates interest in the concept of “information” and contributes to its penetration into various fields of science. Various points of view on the phenomenon of information are considered, which can really be reduced not to traditional attributive and functional concepts, but to the opposite of ontological and methodological understanding of the nature of information. It is noted that modern science, primarily natural science, does not give grounds to consider information an objective property or function of matter, including highly organized. The arguments put forward on the problem of solving the status of information are mainly philosophical and methodological in nature.
Keywords: information, information processes, methodological essence, reflection.
Reference list
1. Grishchenko L. L., Korabelnikova Yu.ynik” of the city to ensure the safety of its inhabitants // Baikal Research Journal. – 2022. – T. 13. – No. 4.
2. Gureeva A. N., Kireeva P. A. Digital platforms as subjects of conflict communication: features, effects, risks // Questions of theory and practice of journalism. – 2022. – T. 11. No. 4. – S. 753-771.
3. Colin KK Virtualization of society – a new threat to its stability // Synergetic paradigm. Man and society in conditions of instability: Sat. scientific tr. / Ros. acad. state services. – M.: RAGS, 2003. – P. 449-462.
4. Lysak I. V. Information as a general scientific and philosophical concept: basic approaches to definition // Philosophical problems of information technologies and cyberspace. – 2015. – No. 2 (10). – P. 10-26.
5. Tuev V. A. Methodological problems of the ideology of the Russian society // Bulletin of the Baikal State University. – 2017. – T. 27. No. 4. – S. 600-606. – DOI: 10.17150/2500-2759.2017.27(4).600-606.
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
FUNDAMENTALS OF PROJECT THINKING IN PHILOSOPHICAL INTERPRETATION
The article examines the basics of the project approach to problem solving in the philosophical concepts context. The authors analyze the basic principles of project thinking including goal setting, planning, risk assessment and project management and associate them with theoretical concepts of philosophy from antiquity to the present. The authors of the article analyze the contribution of various philosophers such as Plato, Aristotle, Rene Descartes, Immanuel Kant, Martin Heidegger, Charles Sanders Pierce and William James to the development of thinking project. The study also lists several philosophical principles important for the development of the project such as: dialectical and systemic, ethical, the principle of reasonableness, creative principle, the principle of universalism, the principle of integrity and the principle of variability. In general, the article can be interesting to anyone who is in philosophy and its application in practical fields of activity. It can also be useful for professionals involved in project design and management.
Keywords: project thinking, philosophical thought, design approaches, principles of project development.
Reference list
1. Aristotle. Nicomachean ethics / Aristotle; translation from ancient Greek, notes by Nina Braginskaya. – St. Petersburg: ABC: ABC-Atticus, 2022. – 443 p.
2. Artemenko N. A. Fundamental ontology of M. Heidegger and the problem of subjectivity. – 2008. – No. 4. – S. 9-12.
3. Vashchenko A. N. Ethics of Aristotle: a universal theory of motivation? // Corporate governance and innovative development of the economy of the North Bulletin of the Research Center for Corporate Law, Management and Venture Investment of Syktyvkar State University. – 2014. – No. 3. – P. 20-37.
4. Gaparov I. A. The concept of utility in the pragmatism of Charles Sanders // Respublica Literaria. – 2021. – V. 2. No. 4. – S. 66-79.
5. Dante Alighieri. Monarchy / Dante Alighieri; per. from Italian. V. P. Zubova; Comments by I. N. Golenishchev-Kutuzov. – M .: “KANON-press-C” – “Kuchkovo field”, 1999. – 191 p.
6. James W. Pragmatism: a new name for some old methods of thinking: popular lectures on philosophy / Per. from English. and concluding Art. P. S. Yushkevich. – M.: URSS, 2011. – 241 p.
7. Dmitriev T. A. The problem of methodological doubt in the philosophy of Rene Descartes / Russian acad. Sciences, Institute of Philosophy. – M.: IF RAN, 2007. – 230 p.
8. Kant I. From the manuscript heritage: (materials for the “Critique of Pure Reason”, Opus postumum); [translated from German] / Institute of Philosophy RAS [and others]. – M.: Progress-Tradition, 2000. – 750 p.
9. Komarov A. I. Antique philosophy (Democritus, Plato) and the problem of creativity // Economic and social-humanitarian studies. – 2014. – No. 2 (2). – P. 55-63.
10. Lektorsky V. A. Philosophy as the design of human reality. Special session (invited session) // Philosophical sciences. – 2009. – № 2. – P. 141-142.
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18. Chertkova E. L. Constructivist paradigm in epistemology // Bulletin of the Russian Humanitarian Science Foundation. – 2008. – № 4. – P. 96-103.
19. Hinske N. Kant als Herausvorderung an die Gegenwart. – Freiburg/München, 1980. – P. 88.
20. Schiller F. Axioms as Postulates // Personal Idealism: Philosophical Essays by Eight Members of the University of Oxford. – L., 1902. – P. 60.
PHILOSOPHY. RIGHT. SOCIETY
ZUEVA Elizaveta Konstantinovna
postgraduate student of the course “Philosophical anthropology, philosophy of culture” 47.06.01 of the I. S. Turgenev Orel State University
FORMATION OF THE VALUE CONSCIOUSNESS OF A PERSON IN THE MODERN WORLD IN THE CONDITIONS OF TRANSFORMATION OF SOCIETY
The complex of attitudes and orientations on important social values forms the value consciousness of the individual. Among the many factors that determine the content of a person’s value consciousness, the main role is assigned to spiritual and moral values. The modern transformation of society, the emergence and spread of digital culture is the problem field that needs to be explored. The relevance of the research topic determines the importance of the issue of value orientations in the life of modern society, value orientations are an educational element in the structure of consciousness and self–consciousness of a person, because they characterize a person as a person. That is why one of the most advanced tasks in society today is the creation of a value-oriented human system, which will include beliefs and worldviews approved by modern society.
Keywords: value orientations, transformation of society, morality, digital culture, human value consciousness.
Reference list
1. Anisimov S.F., Spiritual values: production and consumption. M.: Thought. 1988. 253 p.
2. Vedensky E.K., Continuous professional education // Social and humanitarian knowledge. 2004. No. 3. S. 208-209.
3. Kazarina-Volshebnaya E. K., Komissarova I. G., Turchenko V. N. Paradoxes of transformation of value orientations of Russian youth // Sociological research. 2012. No. 6. P. 124
4. Novichenko O. V. The main trends in the transformation of the political values of the youth of modern Russia // Theory and practice of social development. 2013. No. 9. P. 8-9.
5. Petrov A. V. Value preferences of youth: diagnostics and trends of changes // Sociological research. 2008. No. 2. S. 83-90.
ABLEEVA Gulnaz Rimovna
Legal adviser of the GAU “Technopark in the field of high technologies “IT Park””, Kazan
THE PLACE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE SYSTEM OF INTERNATIONAL BODIES FOR THE PROTECTION OF THE RIGHTS OF THE CHILD
In the article deals the international bodies aimed at protecting the rights of children. The author provides a classification of international bodies involved in the protection of children’s rights. Judicial protection is considered as a legal mechanism for the protection of children’s rights, namely the place of the European Court of Human Rights in the system of international bodies for the protection of children’s rights. The author substantiates the role of the European Court of Human Rights in protecting the rights of children. The article presents a brief overview of the jurisprudence of the ECHR, aimed at ensuring the best interests of the child. In conclusion, the role of the European Court of Human Rights and its decisions in the international arena is noted.
Keywords: protection of children’s rights, international law, international bodies, Convention on the Rights of the Child, European Court of Human Rights, Declaration on the Rights of the Child, ensuring the best interests of the child.
Reference list
1. International and domestic protection of human rights: Textbook / Ed. R. M. Valeeva. – M.: Statute, 2011. – 830 p.
2. Nugaeva N. G. Protection of the rights of the child / International and domestic protection of human rights: Textbook / Under. ed. R. M. Valeeva. – M.: Statute, 2011. – 830 p. – P. 738.
3. Guskova A.P. The right to judicial protection is one of the basic principles of human rights protection // Human rights in international and domestic law: Textbook for universities / Ed. ed. prof. R. M. Valeev. – Kazan: Kazan State University named after V. I. Ulyanov – Lenin, 2004. – 300 p.
4. Kovalev A. A. International protection of human rights: a textbook. – M.: Statute, 2013. – 591 p.
5. [Electronic resource]. – Access Mode: https://www.echr.coe.int/Documents/Stats_analysis_2022_ENG.pdf.
6. Kuznetsova O. V. Commentary on the Federal Law of July 24, 1998 No. 124-FZ “On Basic Guarantees of the Rights of the Child in the Russian Federation”. – [Electronic resource]. – Access mode: GARANT legal reference system.
7. United Nations Handbook for Professionals and Officials on Justice in Cases Involving Child Victims and Witnesses of Crime. Criminal Justice Handbook Series. – UN, New York, 2010. – 156 p.
8. Information about the judgment of the ECtHR dated 07/08/2003 in the case of Sahin v. Germany (application no. 30943/96) // Bulletin of the European Court of Human Rights. – 2003. – No. 12. – [Electronic resource]. – Access mode: reference and legal system “Consultant Plus”.
9. Information on the judgment of the ECtHR dated 07/08/2003 in the case of Sommerfeld v. Germany (complaint No. 31871/96) // Bulletin of the European Court of Human Rights. – 2003. [Electronic resource]. – Access mode: reference and legal system “Consultant Plus”.
10. Review of the judicial practice of the Supreme Court of the Russian Federation. (approved by the Presidium of the Supreme Court of the Russian Federation on 07/06/2016). – 2016. – No. 2. – Electronic resource]. – Access mode: reference and legal system “Consultant-plus”.
INTERNATIONAL LAW
AMIANTOV Alexey Andreevich
Ph.D. in political sciences, associate professor of Public and municipal administration sub-faculty of the Peoples’ Friendship University of Russia
RABADANOV Idris Rabadanovich
political scientist, expert of the Expert Council of the Federation Council Committee on Defense and Security, specialist in international relations
SODIKOV Sharbatullo Dzhaborovich
Ph.D. in Law, expert of the Russian Council on International Affairs, analyst of the Center for Military and Political Studies of the MGIMO (U) of the MFA of Russia
LEGAL BASES OF COOPERATION BETWEEN THE RUSSIAN FEDERATION AND THE REPUBLIC OF MOLDOVA
The article analyzes the normative legal acts that act as the basic basis for cooperation between the Russian Federation and the Republic of Moldova. The paper examines international treaties, as well as inter-parliamentary agreements between the legislative assemblies of the countries under consideration. The forms of interparliamentary interaction are revealed.
Keywords: Russian Federation, Republic of Moldova, foreign policy, international treaties, inter-parliamentary agreements.
Reference list
1. FlyMetshin F. M., Stepanov V. P. Russia-Moldova: between the legacy of the past and the horizons of the future. – M.: Ed. “Progress-Tradition”, 2021.
2. Official portal of legal information. – [Electronic resource]. – Access mode: publication.pravo.gov.ru/
3. Official website of the State Duma. – [Electronic resource]. – Access mode: http://www.duma.gov.ru/
4. Official website of the Federation Council. – [Electronic resource]. – Access mode: http://www.council.gov.ru/
5. Collection of legislation of the Russian Federation. – 1995. – No. 20. – Art. 1766.
6. Collection of legislation of the Russian Federation. – 1995. – No. 29. – Art. 2757.
7. Collection of legislation of the Russian Federation. – 2002. – No. 26. – Art. 2524.
8. Tsvirkun V.I., Mukhametshin F.M. Memory of generations. Study of Russian-Moldovan historical ties on the territory of Moldova. – M.: “Progress-Tradition”, 2020.
9. Civilization choice. Fyodor Lukyanov on the new concept of Russia’s foreign policy // Newspaper “Kommersant” dated 04.04.2023
INTERNATIONAL LAW
BIRYUKOV Pavel Nikolaevich
Ph.D. in Law, professor, Head of International and Eurasian law sub-faculty of the Voronezh State University
ON THE LEGAL STATUS OF PRECIOUS STONES IN THE LAW OF THE EAEU
The article deals with universal and regional international cooperation in the field of circulation of precious stones. The author examines the norms of international law on the status of precious stones. The article deals with universal and regional international cooperation in the field of precious stones. The author examines the norms of international law on the status of precious stones. Both universal and regional norms on the circulation of diamonds are analyzed. Particular attention is paid to the soft law rules that govern various aspects of the diamond trade. The author examines in detail the right of the EAEU to register and trade in precious stones.
Keywords: precious stones, UN, Kimberley Process, international diamond trading organizations, EAEU, member states of the EAEU, Russia.
INTERNATIONAL LAW
KUCHINA Anastasia Mikhaylovna
postgraduate student of the Diplomatic Academy of the MIA of Russia
CONTEMPORARY ISSUES OF PROTECTION OF THE TRANSMISSIONS OF BROADCASTING ORGANIZATIONS FROM UNAUTHORIZED USE ON THE EXAMPLE OF SPORTS BROADCASTS
This article is devoted to the problems of widespread piracy of sports broadcasts in the digital environment and measures taken to combat them. It is emphasized that granting the exclusive right to broadcast sporting events raises legal issues that go beyond the existing international legal instruments related to intellectual property rights. The need to protect broadcasting organizations from unauthorized access to their live sports broadcasts, which is an important component for the development of the sports industry around the world, is noted.
Keywords: broadcasting organizations, sports broadcasts, online piracy, digital environment, internet-broadcasting, security measures, WIPO, WTO.
Reference list
1. Bolycheva M. D. Streaming broadcasting as a phenomenon of the modern media environment // Communicology. 2018. Volume No. 6. No. 4. P. 160.
2. Buzova N.V. Sports broadcasts: topical issues of legal protection and protection of rights to them // Law. Journal of the Higher School of Economics. 2019. No. 1. P. 207.
3. Gromov N. D., Saprykin D. A. Existing technologies of immersive reality in the modern market // International Journal of Applied Sciences and Technologies “Integral”. 2021. No. 4. P. 18.
4. Dorofeeva A. M. Specific objects of copyright and related rights in the sports industry. — Text: direct // New legal bulletin. 2020. No. 6 (20). P. 54.
5. Filipova I. A. Creation of the metaverse: consequences for the economy, society and law. Journal of Digital Technologies and Law. 2023. No. 1 (1). P. 8.
6. Beyond the signal: a view from China on the copyright protection of live sports programming // WIPO MAGAZINE. 2019. No. 2. P. 11.
7. de Werra, Jacques, Reference Guide to Sustaining Sport and its Development through Intellectual Property Rights // WIPO. 2022. P. 24.
INTERNATIONAL LAW
SAPRYNSKAYA Darya Viktorovna
scientific researcher of the Institute of Asian and African countries of the M. V. Lomonosov Moscow State University
CENTRAL ASIA AND THE GREATER EURASIAN PARTNERSHIP CONCEPT
The article discusses the concept of the Greater Eurasian Partnership from the point of view of the representation of the countries of Central Asia within the framework of the initiative and existing integration platforms. The autor analyzes a number of possible challenges for cooperation that are common to the countries of the Central Asian region, and also provides a general course of Russian foreign policy in connection with changes in the international arena.
Keywords: Central Asian countries, integration, SCO, EAEU, Greater Eurasian Partnership
Reference list
1. Arsent’eva I. I. Greater Eurasian partnership after 2020: Problems and prospects for project development in the post-quarantine world // Greater Eurasia: development, security, cooperation. – 2021. – No. 4-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bolshoe-evraziyskoe-partnerstvo-after-2020-goda-problemy-i-perspektivy-razvitiya-proekta-v-postkarantinnom-mire (date of access: 04/19/2023 ).
2. Li Yonghui Greater Eurasian partnership and Chinese-Russian relations // China in world and regional politics. History and modernity. Issue XXIII: annual edition / Comp., otv. ed. E. I. Safronova. – M.: IFES RAN, 2018. – S. 42-52.
3. Glazyev S. Yu. On the strategic directions of the development of the EAEU // Eurasian integration: economics, law, politics. 2020. No. 1. S. 11-30. [Electronic resource]. – Access mode: https://doi.org/10.22394/2073-2929-2020-1-11-30.
4. Muratshina K. G., Valeeva M. V. Russia and the countries of Central Asia in multilateral formats of cooperation in the field of sports within the framework of the CIS // Vestn. Volume. state university 2021. No. 469. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rossiya-i-strany-tsentralnoy-azii-v-mnogostoronnih-formatah-sotrudnichestva-v-oblasti-sporta-v-ramkah-sng (date of access: 19.04 .2023).
5. Petrovsky V. E. Russia, China and the contours of the Greater Eurasian Partnership: monograph. – M.: IFES RAS, 2018. – 216 p.
6. Alekseev S. V., Bekmakhanova N. E., Vladislavleva T. B., Meyer M. S., Syzdykova Zh. S. et al. Eurasianism: origins, concept, reality. – M.: Publis Publishing House, 2014. – 744 p.
7. Kulintsev Yu. V. Perspective vectors of development of the SCO in the context of building the Greater Eurasian Partnership // Eurasian space: new vectors and priorities / Otv. ed. – comp. V. A. MATVEEV – M.: IFES RAN, 2020. – S. 43-53
8. Efremenko DV Integration trends in the SCO space and Eurasian security // China in world and regional politics. History and modernity. Issue XXIII: annual edition / Comp., otv. ed. E. I. Safronova. – M.: IFES RAN, 2018. – S. 29-42.
9. Luzyanin S. G. Russia-China: the formation of a renewed world: a monograph / Ed. ed. Academician V. S. Myasnikov. – M.: Publishing house “Ves Mir”, 2018. – 328 p.; Luzyanin S. G., Klimenko A. F. Cooperation between Russia and China in the SCO on the implementation of the concept of the Greater Eurasian Partnership // China in World and Regional Politics. History and modernity. – 2019. – No. 24. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotrudnichestvo-rossii-i-kitaya-v-shos-po-realizatsii-kontseptsii-bolshogo-evraziyskogo-partnerstva (date of access: 04/19/2023).
10. Saprynskaya D. V. Kyrgyzstan under the threat of Islamization: Islamic identity interrupts civil one. [Electronic resource]. – Access mode: https://ia-centr.ru/experts/darya-saprynskaya/kyrgyzstan-pod-ugrozoy-islamizatsii-islamskaya-identichnost-perebivaet-grazhdanskuyu/ (date of access: 04/19/2023).
11. Ryazantsev S. V., Garibova F. M. Demographic development of the Ferghana Valley as a border region of Central Asia // DEMIS. demographic research. – 2022. – V. 2. No. 3. – S. 49-58. DOI: https://doi. org/10.19181/demis.2022.2.3.4. EDN: WMHMWE
12. Borishpolets K. P., Mekhdiev E. T. Eurasian trend of regional cooperation // In the collection: Eurasian integration: prospects for interstate cooperation. Supplement to the periodical “Yearbook IMI”. Ser. “Books and brochures by IMI” Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia, Center for Military-Political Research. – M., 2014. – S. 8-20.
13. Mehdiev E. T., Sodikov Sh. D. The importance of the CSTO in strengthening Russian-Tajik cooperation // Eurasian Law Journal. – 2016. – No. 8 (99). – P. 38-39.
14. Romashkina N. P. Information sovereignty or why Russia needs an information security strategy. [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/informatsionnyy-suverenitet-ili-pochemu-rossii-nuzhna-strategiya-informatsionnoy-bezopasnosti/ (date of access: 04/19/2023).
INTERNATIONAL LAW
VOLKOVA Alina Alexandrovna
postgraduate student of International law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
PROBLEMATIC ASPECTS OF INTERACTION BETWEEN THE WTO LFS AND REGIONAL SYSTEMS FOR RESOLVING INTERNATIONAL TRADE DISPUTES
The widespread use of regional trade agreements by States has entailed a number of serious issues of a doctrinal and practical nature, among which a special place is occupied by the problem of the correlation of dispute resolution mechanisms at the WTO level and various dispute resolution mechanisms provided for by regional trade agreements. The frequent cases of conflicts of jurisdictions prove not only the relevance of this issue, but also the degree of risks associated with it. The article examines and critically evaluates the main concepts proposed in the doctrine to minimize these risks.
Keywords: World Trade Organization, regional trade agreements, conflict of jurisdictions, mechanism for resolving trade disputes.
Reference list
1. Bublik V. A., Gubareva A. V. The conflict of jurisdictions in the global and regional dispute resolution systems. Electronic Supplement to the Russian Legal Journal. – 2018. – No. 5. – P. 112-120.
2. Ispolinov A. S. On the occasion of the 20th anniversary of the WTO: a critical look at the practice of the Dispute Resolution Authority // Trade Policy. – 2015. – No. 1. – P. 10-30.
3. Ispolinov A. S., Kadysheva O. V. The crisis of the dispute resolution mechanism of the world trade organization: in search of alternatives // Law. – 2020. – No. 10. – P. 136-144.
4. Kadysheva O. V. Decision of the Dispute Resolution Body of the World Trade Organization in the case “Brazil – measures affecting the import of retreaded tires”: “the trade dispute is over, and dengue fever has just begun” // Modern Law. – 2013. – No. 9. – P. 127-131.
5. Kolos D. G. Competition between the jurisdiction of WTO dispute resolution bodies and regional trade agreements: lessons and prospects for the EAEU // Bulletin of the Moscow University. Series 11, Law: scientific journal. – Moscow. – 2022. – No. 3. – P. 21-41.
6. Smbatyan A. S. WTO and regional integration associations: the ratio of “legal forces” in the settlement of trade disputes // Russian Foreign Economic Bulletin. – 2011. – No. 8. – P. 74-82.
7. Smbatyan A. S. The conflict of jurisdictions of international justice bodies as a denial of their relationship // Russian legal journal. – 2013. – No. 5 (92). – P. 26-36.
8. Solntsev A. M., Golubev V. V. WTO and regional integration associations: competition of jurisdictions and applicable principles of law in resolving interstate disputes // Vestnik VolGU. Ser. 5. Jurisprudence. – 2013. – No. 1. – P. 93-98.
9. Trunk-Fedorova M.P. Dispute resolution under free trade agreements: an alternative to the mechanism of the World Trade Organization? // International justice. – 2019. – No. 3 (31). – P. 102-113.
10. Khuzikhanova A. R. The WTO Dispute Resolution Body and Judicial Mechanisms of International Regional Economic Integration Organizations: A Conflict of Jurisdictions // Russian Journal of Law. – 2016. – No. 6 (111). – P. 47-51.
11. Pauwelyn J. Salles L. Forum Shopping before International Tribunals: (Real) Concerns, (Im)PossibleSolutions // Cornell International Law Journal. – 2009. – Vol. 42. – No. 1. – Rp. 77-118.
12. Smbatyan A. S. The principle of res judicata in public international law: a modern reading // International public and private law. – 2012. – No. 1. – P. 3.
13. Furculita C. Fork-in-the-Road Clauses in the New EU FTAs: Addressing Conflicts of Jurisdictions with the WTO Dispute Settlement Mechanism // CLEER Paper Series, T.M.C. Asser Institute for International & European law. – 2019/1.
14. Culot H. Comment le TTIP s’articulerait-il avec le droit de l’OMC? // Revue internationale de droit economique. – 2017. – No. 1 (t. XXXI). – P. 5-34.
15. Batyah Sierpinski, Helene Tourard. Mise à l’épreuve du système de règlement des différends de l’OMC. Est-ce un rejet du multilatéralisme ou une mise en cause de l’ordre économique actuel? // Revue internationale de droit economique. – 2019/4 (t. XXXIII). – P. 423-447.
INTERNATIONAL LAW
POPOVIC Milica
postgraduate student of International law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia (Serbia)
IMPLEMENTATION OF INTERNATIONAL TREATIES ON PREVENTING TRAFFICKING IN HUMAN BEINGS INTO THE NATIONAL LEGISLATION OF THE REPUBLIC OF SERBIA
It is hard to imagine that till nowadays human trafficking exists in European countries, and that we can hardly cope with this problem even in the 21st century. The solution must be started both at the national and international level. Serbia has indeed acceded to most of the international treaties on the prevention and suppression of human trafficking and the protection of human rights in general, and has brought its national legislation in line with these treaties. Within the framework of this article, some of them, to which Serbia is a participant, will be analyzed, as well as national measures taken by Serbia to prevent human trafficking and protect the rights and freedoms of its citizens. On a specific example of a case initiated against Serbia in the European Court of Human Rights (ECHR) will be analyzed how sufficient and effective these measures are.
Keywords: human trafficking, Serbia, United Nations Organization, international treaties, European Court of Human Rights.
Reference list
1. Solntsev A.M., Popovic M. Trafficking in Women and Girls on a Global Level under International Law // Kutafin Law Review. – 2023. – No. 10 (1). – R. 199-216. https://doi.org/10.17803/2713-0533.2023.1.23.199-216.
2. Vienna Convention on the Law of Treaties // United Nations, 1969
3. Gavrilov VV The concept and interaction of the international and national systems. – Moscow: INFRA-M, 2018. – 221 p.
4. Law on Supporting the Council of Europe Convention on Combating Trafficking in Human Beings (Law on the Ratification of the Council of Europe Convention on Combating Trafficking in Human Beings) // Sl. Glasnik RS – International Agreements. – No. 19/2009.
5. The law on the support of the Convention of the Nations against transnational organized crime and pre-punishment protocols (the law on the ratification of the United Nations Convention against transnational organized crime and additional protocols) // Sl. Sheet СРЈ – International agreements. – 2001. – № 6.
6. Constitution of the Republic of Serbia // Sl. Glasnik RS. – 2006.
7. International protection of human rights, edited by A. Kh. Abashidze, textbook, 2nd edition. Peoples’ Friendship University of Russia. – Moscow, 2019. – 458 p.
8. Judgment of the European Court of Human Rights of 26 March 2013 Zorica Jovanović v. Serbia (application no. 21794/08), Section II.
9. Solntsev A. M., Koneva A. E. Legal status of acts of treaty bodies on human rights in national legal systems // International Justice. – 2013. – No. 4. – P. 82-93.
10. Strategy for the fight against human trafficking in the Republic of Serbia (Strategy for combating human trafficking in the Republic of Serbia) // Sl. Glasnik RS. – No. 111/2006. – 2006.
11. Criminal Code of the Republic of Serbia // Sl. Glasnik RS. – 2005. (last modified from 2019).
12. Tsmilyanovich B. M. Trgovina is judged by light international law and registration of the Republic of Serbia (Human trafficking in the light of international law and acts of the Republic of Serbia) // Institute of Law, University in Belgrade. – Belgrade, 2015. – 296 p.
INTERNATIONAL LAW
TWUMASI Rebecca Maami Afia Fosuvaa
postgraduate student of International law sub-faculty of the Institute Law of the Peoples’ Friendship University of Russia (Republic of Ghana)
THE PROBLEMS OF IMPLEMENTATION OF THE UN CONVENTION TO COMBAT 1994 DESERTIFICATION IN WEST AFRICA
This paper deals with desertification as a leading problem for West Africa. The essence of this phenomenon is considered. The role of the UN Convention in overcoming the problem of desertification is revealed. The essence of the Convention is considered.
Keywords: desertification, desertification problem, Desertification issue in West Africa, UN Convention to Combat Desertification.
Bibliography
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2. Solntsev A. M. Climate Change: international legal dimension. – Moscow Journal of International Law. 2018 No. 1. P. 60-78. DOI: 10.24833/0869-0049-2018-1-60-78
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INTERNATIONAL LAW
CHEN Guixin
postgraduate student of the Peoples’ Friendship University of Russia, lecturer of the Heilongjiang University (PRC)
ANALYSIS OF THE RESULTS OF THE 14TH MEETING OF THE CONFERENCE OF THE CONTRACTING PARTIES TO THE RAMSAR CONVENTION ON WETLANDS (COP14)
Wetlands are known as the “kidneys of the earth” and the protection of wetlands is a shared responsibility of all mankind. The Ramsar Convention was signed by representatives of 18 countries in the coastal city of Ramsar (Iran) on February 2, 1971. Currently, the Ramsar Convention has 172 participants, China became the 67th (ratified in 1992). The Conference of the Parties to the Ramsar Convention on Wetlands (COP) is usually held every three years, the last COP14 was held in November 2022 in Wuhan, China. A total of 21 resolutions were adopted at COP14 and a batch of International Wetland City certificates were issued. This article analyzes the main outcomes of COP14 and identifies key trends in the management and sustainable use of wetlands, their fauna and flora.
Keywords: Ramsar Convention, 14th Meeting of the Conference of the Contracting Parties to the Ramsar Convention on Wetlands (COP14), wetland conservation, International Wetland City, conference resolutions.
Reference list
1. 姚如琢.完善我国湿地生态补偿法律制度分析[J].法制博览, 2022(26):124. Yao Ruzhuo. Analysis of improving the legal system of compensation for environmental pollution of wetlands in China // Legal Expo. – 2022. – No. 26. – P. 124.
2. On the wetlands of the Lower Ob, their state and problems / E. I. Valeeva, D. V. Moskovchenko // Bulletin of ecology, forest science and landscape science. – 2005. – No. 5. – P. 3-7. – EDN JWQZCZ.
3. The Ramsar Convention is 40 years old / M. N. Kopylov, A. M. Solntsev // Journal of Russian Law. – 2012. – No. 3 (183). – P. 105. – EDN OPVOJB.
4. Convention on Wetlands of International Importance, Principally as Habitats of Waterfowl (February 2, 1971). [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/waterfowl.shtml.
5. “Wetland Protection Law of the People’s Republic of China” [《中华人民共和国湿地保护法》] (adopted at the 32nd meeting of the Standing Committee of the 13th National People’s Congress on December 24, 2021). [Electronic resource]. – Access mode: http://www.npc.gov.cn.
6. Chen Guixin. China as a Party to the Ramsar Convention // Eurasian Journal of International Law. – 2022. – No. 2 (2) – S. 92-107. [Electronic resource]. – Access mode: https://eajil.enu.kz/index.php/main/issue/view/2/2.
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8. [J].绿色科技,2022,24(16):57. (The 14th Ramsar Conference on Wetlands will be held in Wuhan // Green Technology. – 2022. – No. 16. – P. 57.)
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11. 齐欣.“国际湿地城市”成为优质生态名片[N].人民日报海外版, 2022-06-20(011) Qi Xin. “International Wetland City” becomes a high-quality environmental calling card // People’s Daily Overseas Edition. 20-06-2022 (011)
12. 杨丽敏. 我国新增7个“国际湿地城市”[N]. 中国旅游报, 2022-11-14(001). DOI:10.28109/n.cnki.nclyb.2022.003125. Yang Limin. Seven New “International Wetland Cities” in China // China Tourism News. – 14-11-2022 (001). DOI: 10.28109/n.cnki.nclyb.2022.003125.
13. 张韫, 廖宝文.我国红树林湿地生态修复技术研究现状分析[J].中国科学基金,2022,36(03):412-419.DO I:10.16262/j.cnki.1000-8217.2022.03.007. Zhang Yun, Liao Baowen. Analysis of the state of research on the technology of ecological restoration of mangrove wetlands in China // Chinese Science Foundation. – 2022. – No. 3. – P. 412-419. DOI: 10.16262/j.cnki.1000-8217.2022.03.007.
14. Giri C, Ochieng E, Tieszen LL, et al. Status and distribution of mangrove forests of the world using earth observation satellite data // Global Ecology and Biogeography. – 2011. – No. 1. – P. 154-159.
15. 北京:中国环境出版集团,2021. (Wang Wenqing, Strategic study on the conservation and restoration of mangrove wetlands in China // China Environmental Publishing Group. – 2021.
16. 贾明明,王宗明,毛德华,等.报,2021.66(30):3886-3901. Jia Mingming, Wang Zongming, Mao Dehua et al. Analysis of changes in China’s mangroves over the past 50 years to achieve sustainable development goals // Scientific Bulletin. – 2021. – No. 30. – S. 3886-3901.)
17. Koval E. Yu., Solntsev A. M. Kunming-Montreal global framework programMA in Biodiversity: International Legal Analysis // Electronic online publication “International Legal Courier”. – 2023. – № 2. – С.30-38.
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PRIVATE INTERNATIONAL LAW
AGARKOVA Anna Andreevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
BELETSKY Viktoriya Alexeevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
GLINSHIKOVA Tatyana Vadimovna
Ph.D in Law, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
PROBLEMS OF LEGAL REGULATION OF INTERNATIONAL MARITIME TRANSPORT OF GOODS
Water spaces have long been used for transport purposes when transporting goods, cargo and passengers. Within the framework of international trade, most goods are transported by sea, as the cheapest and most reliable. The development of electronic means of communication, technical equipment of sea vessels, the introduction of container cargo transportation into practice, leads to the emergence of new participants in legal relations arising from contracts for the carriage of goods by sea. Relations are becoming more complicated, and, accordingly, it is necessary to improve their legal regulation. In the article, the authors consider the provisions of international treaties regulating cross-border sea transportation of goods. The conclusion is made about the need to adjust some provisions of modern Russian legislation. A proposal is being made on the expediency of Russia’s ratification of the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008.
Keywords: international sea transportation, sea carrier, international contract, navigation error, bill of lading, losses.
Reference list
1. Bazhanov S. V. The practice of applying international rules on maritime transportation of goods and the problems of their unification // Problems of Science. – 2017. – No. 26 (108). – P. 75-79.
2. Glinshchikova T. V., Vinogradov D. A. Development of international legal regulation of the responsibility of the sea carrier // Problems of Economics and Legal Practice. – 2021. – No. 3. – S. 141-145.
PRIVATE INTERNATIONAL LAW
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
CASPIAN SEA REGION: HISTORY OF FORMATION AND PROSPECTS OF DEVELOPMENT
The Caspian Sea and the lands adjacent to it are once again becoming the center of global events. At a time when the security of energy supply occupies an important place on the international agenda and there are renewed concerns about the lack of resources, the countries of the Caspian region are entering the global arena, claiming new roles as suppliers of resources to the world . However, the newfound strength and self-confidence of the Governments of these countries are based on unreliable ground. How will a temporary – or long-term – global recession affect these newly independent countries? How will climate change affect them and will global climate policy change the value of their vast hydrocarbon reserves? In some of these countries there have been internal armed conflicts (Tajikistan, Georgia) or conflicts with neighboring states (Armenia, Azerbaijan, Georgia) – can hostilities break out again? Who will gain influence and who will lose – or will the geopolitical games simply serve to destabilize the situation? This article is dedicated to these and many other issues.
Keywords: Caspian Sea, countries of the Caspian region, identity, socialist republics, natural resources.
Reference list
1. Katik Mevlut. Militarization of the Caspian Sea. – London: Routledge, 2008. – P. 297-310.
2. Sidikov B. New or traditional? ‘Clans’, regional groupings and the State in post-Soviet Azerbaijan // Berliner Osteuropa Info. – No. 21. – P. 68-74.
3. International Crisis Group. Energy Risks in Central Asia, ICG Asia Report, No. 133, May 24, 2007. – [Electronic resource]. – Mode of access: https://www.crisisgroup.org/europe-central-asia/central-asia/central-asia-s-energy-risks.
4. Enikeev Sh. Kazakhstan gas: export markets and export routes // Oil and Gas Journal. – Oxford: Oxford Institute for Energy Studies. – 2008. – 107 (2). – P. 52-53.
5. BP: Statistical Review of World Energy, June 2009 – [Electronic resource]. – Access mode: http://www.bp.com/
6. Zhiznin S. Z., Guliyev I. A. Energy diplomacy in the Caspian region. – MGIMO Scientific Schools, 2011. – P. 241-247.
PRIVATE INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty of the North-Western Branch of the Russian State University of Justice
ACTIVITIES OF UNCITRAL ON REGULATION OF DISPUTE RESOLUTION RELATED TO TECHNOLOGY
The purpose of the research pursued in the article is to identify the features of technology-related disputes and to assess the effectiveness of the procedure for their resolution proposed by UNCITRAL. Methods of analysis and synthesis, formal-logical and problem-theoretical methods were used in the study. As a result of the study, it was revealed that the Draft Provisions for Technology-related Dispute Resolution, at this stage of their development, are separate provisions. UNCITRAL hardly uses the experience of the WIPO Center for Arbitration and Mediation to resolve such disputes. In the context of international institutional competition, it is highly desirable to develop mechanisms for cooperation between UNCITRAL and WIPO.
Keywords: judge, court, justice, international commercial arbitration, information and communication technologies, information and communication systems, technology-related dispute, UNCITRAL, WIPO, UNESCO resolution.
Reference list
1. Agalarov VK Domain disputes: causes, participants and methods of resolution // Trends in the development of science and education. – 2019. – No. 53-2. – P. 20-22.
2. Belousov A. V. Domain disputes in Russia. Commentary on the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 11, 2008 No. 5560/08 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2009. – № 2. – P. 145-155.
3. Danilenkov A. International domain disputes in the mirror of the Russian legal system // Economy and law. – 2013. – No. 3 (434). – P. 46-63.
4. Dorotenko D. A. Such different domain disputes. about compensation // Bulletin of economic justice of the Russian Federation. – 2019. – No. 10. – P. 192-206.
5. Egorova M. Domain disputes: the correct wording of claims // Intellectual property. Copyright and related rights. – 2011. – No. 11. – S. 14-21.
6. Razbegaev P. V. Domain disputes: problems of enforcement of court decisions // Copyright. Bulletin of the Russian Academy of Intellectual Property and the Russian Authors’ Society. – 2017. – No. 4. – P. 77-86.
7. Rozhkova M. A., Afanasiev D. V. Domain disputes: selected aspects // Law in the sphere of the Internet. Digest of articles. Ser. “Analysis of modern law” / Ed. ed. M. A. Rozhkova. – M.: Publishing House “Statut”, 2018. – S. 224-245.
8. Fastovich G. G., Furzikova A. I., Obvintseva E. E., Surman A. E. Domain disputes // Alley of Science. – 2019. – Vol. 1. No. 4 (31). – P. 159-165.
9. Campbell D., Ban C., editors. Legal Issues in the Global Information Society. – New York: Oceana Publications Inc., 2005. – 758 p.
10. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
11. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
12. Murray A. Information Technology Law: the law and society. – Oxford: Oxford university press, 2010. – 596 p.
13. Rowland D., Macdonald E. Information technology law. 3rd ed. – Abingdon: Cavendish Publishing Ltd., 2005. – 573 p.
14. Shaw T. J. Information and Internet Law: Global Practice. – Createspace Independent Publishing Platform, 2016. – 454 p.
COMPARATIVE LAW
TATARNIKOV Vladimir Germanovich
Ph.D. in Law, associate professor, Deputy Chairman of the Commission on Human Rights and Control over the Activities of Law Enforcement Agencies and Law Enforcement Agencies of the Public Chamber of the Irkutsk Region, Irkutsk
NIKITIN Yuriy Petrovich
senior lecturer of Tactical and special training sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk
KARGAPOLOVA Anastasia Andreevna
student of the 5th course of the Faculty of Training Specialists for the Judicial System (Faculty of Law) of the East Siberian branch of the Russian State University of Justice, Irkutsk
COMPARATIVE LEGAL ANALYSIS OF THE STATUS OF THE INSTITUTE OF PROSECUTION IN RUSSIA AND IN THE UNITED STATES OF AMERICA
In the article, the authors consider the institution of the Prosecutor’s office in the Russian Federation and in the United States of America, determine its role and significance within the framework of these legal systems, highlight the distinctive features of the institution of the Prosecutor’s office, determine its legal position in the system of public authorities. The objective of this study is to conduct a comparative analysis of the Institute of Public Prosecution in the United States and in the Russian Federation in order to determine the position of this institution in the system of state bodies.
Keywords: prosecutor’s office, human rights, independence, amendments, service, justice, cooperation.
Reference list
1. Baghdasaryan A. V. The constitutional status of judicial and law enforcement agencies in the Republic of Armenia: theoretical and comparative legal analysis: Dissertation for the degree of Doctor of Law / Ros. acad. state service under the President of the Russian Federation. – M., 1996. – 213 p.
2. Vinokurov A. Yu. On novelties in the Constitution of the Russian Federation affecting the status of the prosecutor’s office // Representative power – XXI century. – 2014. – No. 7-8. – P. 22.
3. Vinokurov A. Yu. Amendments to the Constitution of the Russian Federation in the context of fixing the status provisions on the prosecutor’s office // Constitutional and municipal law. – 2021. – No. 4. – P. 34.
4. Vlasikhin V. A. Prosecution service in the USA (law and politics). – M., 1981. – S. 8-9.
5. Kozlov F. I. Differences in the conduct of the legal business in Russia and America // Law Office of Fedor Kozlov & associates. – P. 32.
6. Kokotov A. N. Constitutional law of Russia: Textbook / Ed. ed. A. N. Kokotov and M. I. Kukushkin. – M., 2003. – P. 147.
7. Kutafin O. E. The Russian Federation, its subjects and municipalities as subjects of civil law // Journal of Russian Law. – 2007. – No. 1. – P. 51.
8. Lazareva V. A. Participation of the prosecutor in the criminal process: textbook and workshop for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 283 p.
9. Lazareva V. A. Participation of the prosecutor in the criminal process: textbook and workshop for universities. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 283 p.
10. Safonova T. Yu. Constitutional and legal regulation of the activities of the Russian prosecutor’s office as a state body with a special legal status: Abstract of the thesis. dis. … cand. legal Sciences. – M., 2011. – P. 6.
11. Tuzova A. A. Comparative legal analysis of the status of the institute of the Prosecutor’s Office of the Russian Federation and its analogue in the USA // Young Scientists of Russia: collection of articles of the VIII All-Russian Scientific and Practical Conference, Penza, August 15, 2021. – Penza: Science and Education, 2021. – P. 131-134.
12. Shakhrai S. M. Constitutional law of the Russian Federation: A textbook for academic undergraduate and graduate students. 4th ed., rev. and additional – M., 2017. – P. 553.
13. Emikh V.V. Legal personality and competence of state bodies: the content of concepts and their correlation // Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences. – 2009. – S. 423.
STATE AND LAW THEORY
ARKHIPOVA Ekaterina Yurjevna
Ph.D. in Law, associate professor, associate professor of Theory of state and law sub-faculty of the Saratov State Law Academy
KONDRASHOV Yuriy Alexandrovich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Saratov State Law Academy
THE CONCEPT OF LEGAL STABILITY
The article deals with the problems of understanding legal stability, its essential properties. Despite the fairly frequent use of this concept by scientists when characterizing legal phenomena, it is stated that it has not become the subject of a special study in the general theory of state and law. At the same time, there is no doubt about the practical and theoretical significance of establishing the definition of legal stability and its parameters, since it is a strategic goal that any state strives to achieve. According to the authors, legal stability is expressed in the presence of stable legal norms that give rise to a stable state of legal relations arising on their basis. The authors argue that the phenomenon under study is distinguished by such properties as universality, relativity, as well as dependence on public opinion, and legal stability itself is the most significant property of legal phenomena, reflecting the state of conservation and maintenance of law and other legal phenomena in a stable working condition, adequately reflect the needs of society. As structural elements of legal stability, the authors propose the following: stability of law; stability of legislation; stability of legally significant activities; stability of legal practicece.
Keywords: law, stability, legal stability, legal phenomena, legal relations, legislation, legal practice, legal activity, stability of law, stability of legislation, stability of legal practice, stability of legally significant activity.
Reference list
1. Gilmutdinova M. I. Theoretical foundations of effective law enforcement: dis. … cand. legal Sciences. – Kazan, 2012.
2. Soviet encyclopedic dictionary / Nauch. ed.-stat. A. M. Prokhorov. – M.: Soviet Encyclopedia, 1983.
3. Kalinin P. A. Principles of Russian legislation: author. dis. … cand. legal Sciences. – Saratov, 2013.
4. Varlamova N. V., Gavrilov O. A., Dudko I. G. et al. The Russian Federation and its subjects: problems of strengthening statehood / Ed. ed. S. V. Polenina. – Saransk: Publishing House of Mordov. university, 2003.
5. Kulapov VL, Kondrashov Yu. A. Stability of legal activity. – Saratov: Publishing House of the Federal State Budgetary Educational Institution of Higher Education “SGUA”, 2021.
6. Bondar N. S. Constitutional modernization of Russian statehood: in the light of the practice of constitutional justice. – M.: Unity-Dana, 2014.
7. Zakharov N. A. The system of Russian state power. – M.: Moscow, 2002.
8. Martyshin O. V. The Constitution of the Russian Federation of 1993 as a monument of the era // State and Law. – 2004. – № 4.
9. Vershilo N. D. Ecological and legal foundations of sustainable development / Ed. M. M. Brinchuk. – M.: Formula of Law, 2008.
10. Stammler R. Essence and tasks of law and jurisprudence. – M .: Printing house of the Partnership of I. D. Sytin, 1908.
STATE AND LAW THEORY
VU Duc Dung
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
BUILDING THE RULE OF LAW STATE IN VIETNAM: THEORETICAL AND PRACTICAL ISSUES
The article is dedicated to the issue of building and perfecting the rule of law state in the process of updating the political system in Vietnam. Many theoretical and practical issues have not been clarified and studied extensively. Difficult tasks are being set, it is necessary to build a model of a rule of law state capable of absorbing world progress, and at the same time corresponding to domestic conditions and national culture. Characteristics of building a rule of law state in Vietnam, including the sole leadership of the Communist Party and the principle of unified power, among others. Although it differs from other models of the rule of law state, the rule of law state in Vietnam is built on a scientific basis and in accordance with practical requirements. Building a rule of law state is a way to promote progress for Vietnam.
Keywords: the rule of law state, market economy, political system, Communist party, party leadership, unified power, progress, Vietnam.
Reference list
1. Vlasov E. E. The Vietnamese state in the process of updating the country (the thirtieth anniversary of the start of the “DoiMoi” policy) // Oikumena. Regional studies. – 2016. – No. 2. – P. 137-146.
2. Kornev A. V. Ideas of a legal and police state in pre-revolutionary Russia: Abstract of the thesis. … candidate of legal sciences: 12.00.01 / Academy of the Ministry of Internal Affairs Ros. Fed. – Moscow, 1995. – 26 p.
3. Lafitsky V. I. Law as the highest value of constitutional development (an essay on historical and comparative legal research) // Doctrines of the rule of law and the rule of law in the modern world: a collection of articles. Managing editors: V. D. Zorkin, P. D. Barenboim – M.: LUM, Yustitsinform, 2013. – P. 149-177.
4. Rayanov F. M. Legal state and the modern world. – St. Petersburg: Publishing house “Legal Center-Press”, 2012. – 175 p.
5. Chicherin BN About the people’s representation. – M., 1899. – 810 p.
6. Đảng Cộng sản Việt Nam. Văn kiện Đại hội đại biểu toàn quốc lần thứ XIII. Tập I. Nhà xuất bản: Chính trị quốc gia – Sự thật. – 2021. – 292 tr.
7. Đảng Cộng sản Việt Nam. Văn kiện Đại hội đại biểu toàn quốc lần thứ XIII. Tập II. Nhà xuất bản: Chính trị quốc gia – Sự thật. – 2021. – 356 tr.
8. Đảng Cộng sản Việt Nam. Văn kiện Đại hội Đảng thời kỳ Đổi mới. Phần I (Đại hội VI, VII, VIII, IX). Nhà xuất bản: Chính trị quốc gia – Sự thật. Ha Nội. – 2019. – 1139 tr.
9. Đảng Cộng sản Việt Nam. Văn kiện Đại hội Đảng thời kỳ Đổi mới. Phần II (Đại hội X, XI, XII). Nhà xuất bản: Chính trị quốc gia – Sự thật. Ha Nội. – 2019. – 874 tr.
10. Rao Tri Úc. Nhà nước pháp quyền. Nhà xuất bản: Đại học quốc gia Hà Nội. Ha Nội. – 2015. – 427 tr.
11. Hoàng Thị Kim Quế. Tư tưởng Đông, Tây về nhà nước và pháp luật – Những nhân tố Nhà nước pháp quyền. Tạp chí nghiên cứu lập pháp. Số 3/tháng 3. – 2002. – Tr. 20-29.
12. Nguyễn Hoàng Anh. Cơ chế kiểm soát quyền lực nhà nước trong nhà nước pháp quyền // Tạp chí Nghiên cứu Lập pháp số 3+4 (355+356)/Kỳ 1+2, tháng 2/2018. – Tr. 3-9.
STATE AND LAW THEORY
DUBROVIN Mikhail Andreevich
senior lecturer of International law and foreign economic activity of the Institute of Law of the A. G. and N. G. Stoletov Vladimir State University
INTEGRATION ACTIVITIES OF THE RUSSIAN FEDERATION IN A MULTIPOLAR WORLD
The research is dedicated to the construction of a theoretical model of correct integration interaction between Russia and friendly partner states. It is shown that despite the positive possibilities of integration in a multipolar world, the state is bound not to neglect national interests, namely their protection from the negative integration impact. The necessity of practical implementation of the obtained research results in order to stabilize international relations, building regional and global partnerships based on mutual respect for sovereign rights is substantiated.
Keywords: Russia, integration process, state functions, national security, multipolar world.
Reference list
1. Hoffmann S. The European Sisyphus: Essays on Europe, 1964-1994. – Boulder, 1995.
2 Moravcsik Andrew (1993). “Preferences and power in the European Community: A liberal intergovernmentalist approach” // Journal of Common Market Studies. – No. 31 (4). – R. 473-524.
3. Kukovskiy A. A. Some questions of the definition of the concept of “functions of the state” // Bulletin of the South Ural State University. Ser. “Right”. – 2009. – No. 19. – S. 7-8
STATE AND LAW THEORY
MOLOTKOV Mikhail Borisovich
Ph.D. in philosophical sciences, associate professor of Administrative law and administrative activities of the internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, lieutenant colonel of police
LEGAL REGULATION IN THE CONTEXT OF THE PROBLEM OF THE RELATIONSHIP BETWEEN RIGHT AND LAW IN DOMESTIC LEGAL SCIENCE IN THE SECOND HALF OF THE 19TH – EARLY 21ST CENTURIES
The logical consequence of the development of the problems of legal understanding was the “access” to the applied aspects of jurisprudence, among which an important role belongs to the issue of legal regulation.
Defending and promoting a specific type of legal understanding, researchers indirectly influence the content of legal regulation, forming in the minds of the subjects of law ideas about the relationship between law and justice.
Keywords: natural positive theory of law, libertarian theory of law, positivism, legal regulation, legal science.
Reference list
1. Alekseev S. S. Ascent to the law. Searches and solutions. – M.: Norma, 2002. – 601 p.
2. Zorkin V. D. Positivist theory of law in Russia – M.: Publishing House of Moscow University, 1978. – 270 p.
3. Ivanova I. G. Law and law (methodological aspect): dis. … cand. legal Sciences. – Leningrad, 1983. – 188 p.
4. Kozhevina M. A. The history of Russian law in the system of university legal education of the Russian Empire // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – S. 159-165.
5. Kudryavtsev VN About legal understanding and legality // State and law. – 1994. – № 3. – S. 3-8.
6. Livshits R. Z. Theory of Law: Textbook for students of law schools. – M.: Beck, 1994. – 208 p.
7. Lukyanova E. G. Teachings about the law in the political and legal thought of Russia in the XX – early XX centuries: dis. … doc. legal Sciences. – M., 2018. – 425 p.
8. Marchenko M. N. On the libertarian legal theory of law and state // Bulletin of Moscow State University. Series. 11. Right. – 2015. – No. 6. – P. 20-33.
9. Nersesyants V. S. Methodological problems of the relationship between the rule of law and legality // Methodological problems of strengthening socialist legality. – – M.: AON, 1980. – S. 23-31.
10. Nersesyants VS Law and law: From the history of legal doctrines. – M.: Nauka, 1983. – 366 p.
11. Tolstik V.A., Trusov N.A. Struggle for the content of law. Monograph. – Nizhny Novgorod: Nizhegorsk Publishing House. acad. Ministry of Internal Affairs of Russia, 2008. – 202 p.
12. Shafirov V. M. Legality in a legal state // Russian justice. – 2011. – № 4. – P. 41-44.
13. Shafirov V. M. Naturally positive law: an introduction to theory. – Krasnoyarsk: Krasnoyarsk State University, 2004. – 258 p.
14. Shafirov V. M. Modernization of the Russian legal system: human-centric approach // Problems of modernization of the legal system of modern Russian society. International Scientific Conference (Krasnoyarsk, September 30 – October 1, 2010). Collection of reports in two volumes. Volume. 1. Krasnoyarsk. – 2011. – S. 4-11.
15. Shmarev A.I. Is the principle of justice necessary in the criminal process of Russia // Criminalisticska: yesterday, today, tomorrow. – 2020. – No. 3 (15). – P. 232-243.
16. Yavich L. S. Essence of law: Social and philosophical understanding of the genesis, development and functioning of the legal form of social relations. – L .: Publishing House of Leningrad State University, 1985. – 207 p.
STATE AND LAW THEORY
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor of General theoretical and state law disciplines sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
SHEVCHUK Elena Pavlovna
senior lecturer of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
PROBLEMS OF THE FORMATION OF LEGAL CONSCIOUSNESS OF MEDICAL WORKERS IN RUSSIA
The article states the importance of the state in protecting the health of citizens, the guaranteed volume of free medical care for citizens is provided in accordance with the programs of compulsory medical insurance and separate reimbursable contracts.
It is concluded that legal awareness affects the possibility of bringing a medical organization to civil liability in case of harm to a patient’s health, and such an organization is released from liability if the entire medical and diagnostic process was built on the basis of standard schemes and prescriptions of ministerial orders and instructions. Which allows us to conclude that caring for the patient’s health and observing the rules of bioethics, norms of humanity are sometimes declarative.
Keywords: legal awareness of a medical worker, health care, guarantees of the rights and freedoms of the citizen, well-being of the citizen and his family, implementation of the citizen’s right to health care.
Reference list
1. Ivanov A. V., Tikhomirov A. V. Insurance and medical activity // Chief doctor: economy and law. – 2009. – No. 5. – S. 32-40.
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.
3. Tikhomirov A. V. Theory of medical services and medical delict: educational and scientific manual. – M.: Yuriinfozdrav, 2012. – 110 p.
4. Trubina V. A. Tissues and human organs as objects of civil rights // Eurasian legal journal. – 2020. – No. 9 (148). – P. 169-174.
5. Safonov A. E., Shadymov A. B., Sorokin V. V. The dynamism of the legal consciousness of a modern medical worker // Siberian Medical Journal. – 2014. – Volume 2. – No. 2. – P.87-90.
STATE AND LAW THEORY
SAMUSENKO Tatyana Mikhaylovna
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
PROKUDINA Regina Olegovna
magister student of the 2nd course of the Law School of the Far Eastern Federal University
LEGAL TECHNIQUE AND MUNICIPAL REGULATORY LEGAL ACTS (ON THE EXAMPLE OF PRIMORSKY KRAI)
The article presents the results of the study of the main type of normative legal acts regulating the issues of organization of local self-government – charters of municipalities of Primorsky Krai in terms of compliance with the rules of legal technique. The authors conclude that it is necessary to adopt a regional law “On Legal Acts in Primorsky Krai” taking into account the socio-economic situation in the region. In order to ensure the scientific validity of the law, legal scholars of higher educational institutions specializing in general legal issues and issues of legal technique should be involved in the working group.
Keywords: legal technique, legal acts, municipal charter, Primorsky Krai, Far Eastern Federal District.
Reference list
1. Kashanina T. V. Legal technique: textbook. – Moscow: Norma: INFRA-M, 2011. – 496 p.
2. Kolomeitseva N. A. Eastern Economic Forum as a mechanism for the development of the Russian Far East // Symbol of science: international scientific journal. – 2016. – No. 11-4 (23). – S. 191-193. – EDN XBWYQN.
3. Samusenko T. M., Prokudina R. O. Legal technique of normative legal acts: experience of legal regulation of subjects of the Russian Federation (on the example of the Far Eastern Federal District) // Eurasian legal journal. – 2022. – No. 11 (174). – S. 47-50. – DOI 10.46320/2073-4506-2022-11-174-47-50. – EDN DFBSFU.
4. Samusenko T. M., Prokudina R. O. Law-making technique as a reflection of the level of legal culture of the legislator (on the example of Primorsky Krai) // Eurasian legal journal. – 2021. – No. 5 (156). – S. 50-54. – DOI 10.46320/2073-4506-2021-5-156-50-54. – EDN GRVKFN.
5. Gaivoronskaya Ya. V., Samusenko T.M. Theory of state and law: a textbook. – 2nd ed., add. and Perer. – Vladivostok: Dalnevost Publishing House. feder. un-ta, 2015. – 180 p.
HISTORY OF STATE AND LAW
BOLDAKOVSKIY Eldar Vladimirovich
postgraduate student of the full-time of Theory of law and state sub-faculty of the Peoples’ Friendship University of Russia
PAVLOVA Natalya Georgievna
Ph.D. in Law, associate professor of the Peoples’ Friendship University of Russia, Moscow
THE HISTORY OF THE DEVELOPMENT OF SOVIET STANDARDIZATION
In this article, the author examines and analyzes the development of standardization in the Soviet period, the result of which is the creation of certain technical tools that are used in modern Russia, namely:
1.State standards (GOST);
2. Industry standards (OST)
3. Republican Standards (PCT)
4. Specifications (TU).
This article is a study of the evolution of Soviet product quality and Soviet state standards. The author analyzes the availability of Soviet state standards as sources of data on the quality of Soviet products, the use of Soviet state standards to assess product quality. The author comes to the conclusion that the struggle to improve the quality of products went through the establishment of certain norms that fixed certain types of responsibility, in particular criminal. The article ends with a discussion of the results and suggests directions for further research.
Keywords: Soviet standardization, system of measures, specifications, state standard, republican standards, industry standards.
Reference list
1. Morev V. A. On the history of Soviet standardization in 1918-1945. // Bulletin of the Tomsk State University. 2014. No. 386. P. 130-134.
2. Zaitsev S. A., Tolstov A. N., Gribanov D. D., Kuranov A. D. Metrology, standardization and certification in mechanical engineering: textbook for students. medium institutions. prof. Education. 4th ed., ster. M.: Publishing Center “Academy”, 2013. 288 p.
3. Kazantseva N. K., Tkachuk G. A., Pilnikova V. S. Economic development of the country and international standards // Standards and quality. 2016. No. 7. P. 34-38.
4. Gastev A. K. Labor installations // Soviet industrial management. 3rd ed. Moscow: URSS, 2011. 344 p.
5. Gastev A. K. How to work: a practical introduction to the science of labor organization / Ed. ed. N. M. Bakhrakh [i dr.]. M.: URSS: Librocom, 2011. 477 p.
6. Efanova I. “Bulletin of standardization”: from timelessness to the Great War. // Journal “Standards and Quality”. 2016. No. 11. [Electronic resource]. – Access mode: https://riastk.ru/libraries/index.php?ELEMENT_ID=106131
7. Nikolaeva M. A., Lebedeva T. P. The history of the emergence and development of standardization in Russia and abroad. [Electronic resource]. – Access mode: file:///C:/Users/Eldar/Downloads/istoriya-vozniknoveniya-i-razvitiya-standartizatsii-v-rossii-i-za-rubezhom%20(4).pdf
8. Varlamova L. N. Associate Professor of the Department of IGUiOO IAI RGGU, Candidate of History, Associate Professor. Standardization of documentation during the Second World War. [Electronic resource]. – Access mode: https://www.rsuh.ru/upload/press/2020_05_15_Varlamova.pdf
9. Sholkin VG Standardization – engineering – innovative way of development // Standards and quality. 2014. No. 1. P. 28-30.
10. Varlamova LN Standardization of document management. M.: Termika Publishing House, 2018. S. 130.
HISTORY OF STATE AND LAW
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary 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 Federal Penitentiary Service of Russia
FEATURES OF THE DEVELOPMENT OF FOOD PROVISION FOR CONVICTS IN THE RUSSIAN PENAL SYSTEM: A RETROSPECTIVE ANALYSIS AND MODERN REALITIES
The article is devoted to the study of the peculiarities of the development of food provision for convicts in the domestic penitentiary system. The paper attempts to generalize the historical experience of the development of the penitentiary system, in particular food security, in the process of formation and development of the system as a whole and its subsequent transformation. The article focuses on the historical features of the provision of food to convicts in penitentiary institutions of Russia, which was primarily due to the process of state development, as well as the peculiarities of the formation of domestic institutions and bodies executing punishments.
Keywords: nutrition, charity, trusteeship society, penal enforcement system, food security.
Reference list
1. Mkrtchyan A. A., Postnikov S. V. Comparative-quantitative and qualitative analysis of food supply in the penitentiary system of Russia and Armenia over the past hundred years // Proceedings of the VII International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2015/article/2015007941 (date of access: 03/29/2023).
2. Foinitsky I. Ya. Russian punitive system. – St. Petersburg, 1874.
3. Cathedral code of 1649 // Russian legislation of the X-XX centuries. In 9 vols. T. 3. Acts of Zemsky Sobors / Ed. O. I. Chistyakova. – M.: Yurid. lit., 1985. – S. 83-257.
4. Military article of 1715 with a brief interpretation // Russian legislation of the X-XX centuries. In 9 tons. T. 4. Legislation of the period of the formation of absolutism / Ed. O. I. Chistyakova. – M.: Yurid. lit., 1986. – S. 327-365.
5. Gernet M. N. History of the royal prison: in 5 volumes – M .: Gosjurizdat, 1960-1963.
6. The uniqueness of the Soviet prison in the 1930s: the Frenkel method in the distribution of food. [Electronic resource] – Access mode: https://rus-vopros.livejournal.com/1683481.html (date of access: 03/29/2023).
7. Novozhilova Zh. S. Improving the food supply of institutions of the penitentiary system: Abstract of the thesis. … candidate of economic sciences: 08.00.05; [Protection Location: Lv. state agrarian university]. – Yekaterinburg, 2016. – 24 p.
8. Order of the Federal Penitentiary Service of Russia dated September 2, 2016 No. 696 “On approval of the procedure for catering for convicts, suspects and defendants held in institutions of the penitentiary system” // SPS ConsultantPlus.
9. Official website of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: https://fsin.gov.ru/budget/info.php (accessed 01/12/2023).
10. Vdovina A. N. The quality of food products as one of the components of the food security of the penitentiary system. Scientific works of FKU NII FSIN of Russia, issue 2. – M.: FKU NII FSIN of Russia, 2021. – P. 224-227.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil procedural law sub-faculty of the Volga Branch of the Russian State University of Justice, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the RANEPA under the President of the Russian Federation
FEATURES OF THE ASSIGNMENT OF ALIMONY TO MINORS UNDER THE SOVIET LAWS OF 1936-1937
The article discusses the features of alimony obligations between parents and children, in cases of distribution of children in accordance with the laws of 1936 – 1937. It is shown how, on the basis of legal acts in force at that time, the issue of the maintenance of children who lived separately in the families of former spouses was resolved. The authors also analyze the legislation on this issue in the Union republics. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the significance of the measures taken in the Union state in the middle of the XX century on the issue of material support for children in broken families.
Keywords: parents’ agreement, executive document, alimony, court order, earnings.
Reference list
1. Code of laws on marriage, family and guardianship of the RSFSR 1926 – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ESU&n=3552&dst=100010#uQs6HYToFqPqUE6l (date of access: 04/16/2023).
2. Decree of the All-Russian Central Executive Committee of the Council of People’s Commissars of the RSFSR of May 10, 1937 “On changing the current legislation in connection with the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR of June 27, 1936” On the prohibition of abortions, increasing material assistance to women in childbirth, establishing state assistance to large families, expanding the network of maternity hospitals , nurseries and kindergartens, strengthening the criminal law for non-payment of alimony and some changes in divorce laws. – [Electronic resource]. – Access mode: https://www.libussr.ru/doc_ussr/ussr_4106.htm. (date of access: 04/16/2023).
HISTORY OF STATE AND LAW
GOROKHOV Andrey Andreevich
Junior bailiff for OUPDS of the Main Department of Bailiffs in the Krasnoyarsk Territory
GOROKHOVA Kamila Ildusovna
Chief Specialist of the Legal Department of the Agency for State Property Management of the Krasnoyarsk Territory
THE INFLUENCE OF RELIGION ON LAW. HISTORICAL ASPECT
The article examines the influence of religion on law through the prism of a century of history. Religion penetrated the law in the era of the Roman Empire and to this day in the legislation of many states, including the Russian Federation, this close connection can be observed. It is important to note that religious provisions also influence the practice of law enforcement, which forces judges to be more flexible in applying the current legislation.
The article also analyzes the positive and negative influence of religion on the law, which allows you to look at the current situation from different angles and see some legal problems.
Keywords: religion, natural law, scripture, theory of evolution, secular state.
Reference list
1. Prudnikov M. N. History of state and law of foreign countries: a textbook for bachelors. – 6th ed., revised. and additional – M .: Yurayt Publishing House; ID Yurayt, 2013. – 811 p. — Series: Bachelor. Basic course.
2. Isaev M. A. History of the Russian state and law: textbook / Moscow State University. Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia. – Moscow: Statute, 2012. – 838 p.
3. Durkheim E. Sociology: Its subject, method, purpose: [Collection: Per. from French]. – Moscow: Kanon, 1995. – 349 p.
4. Konovalov A. V. Principles of law. – M.: Yur. Norma, 2023. – 792 p.
5. Dawkins R. God as an illusion / [transl. from English. Natalia Smelkova]. – Moscow: CoLibri, 2008. – 557 p.
6. Reale J., Antiseri D. Western philosophy from its origins to the present day / [per. from Italian. S. Maltseva, scientific. ed. E. Sokolov]. – St. Petersburg: Petropolis, 1994. – 320 p.
7. Orthodox statehood: 12 letters about the Empire: a collection of articles / Legal Institute (St. Petersburg); [ed. A. M. Velichko, M. B. Smolina]. – St. Petersburg: Publishing House of the Legal Institute, 2003. – 301 p.
HISTORY OF STATE AND LAW
DOVGAN Ksenia Evgenievna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
LEGAL MEANS OF FRAMEWORK LEGAL REGULATION IN THE RSFSR CONSTITUTION OF 1918
The article deals with the legal means of framework legal regulation contained in the first sources of Soviet constitutional legislation. The planned and strategic nature of the regulatory legal acts of the USSR is of interest from the point of view of the analysis of legal technique. When creating a new legal system after the 1917 revolution, which was based on “framework” laws, special legal means were used. Thus, polysemy creates uncertainty, which is contained in general, relatively specific norms. Studies of polysemy, the metaphorical nature of the content of individual sources of Soviet constitutional legislation, allow us to generalize the features of normative legal regulation, including framework legal regulation.
Keywords: framework legal regulation, polysemy, metaphor, uncertainty, constitution.
Reference list
1. Batyuk A. V. Legal basis of contractual relations on the delimitation of subjects of jurisdiction and powers between federal government bodies and government bodies of the constituent entities of the Russian Federation: Abstract of the thesis. dis. … cand. legal Sciences. – Saratov, 2000. – 27 p.
2. Vereshchagin S. G. Entropy of law in the transitional periods of Russian history: “decree” law and “framework” laws // Baltic Humanitarian Journal. – 2019. – T. 8. – No. 4 (29). – P. 325-329.
3. Vlasenko N. A. Reasonableness and certainty in legal regulation: monograph. – Moscow: NITs INFRA-M, IZiSP, 2014. – 157 p.
4. Vlasenko N. A. Metaphor as a means of legal expertology (on the example of post-Soviet state-legal reality) // Legal technique. – 2022. – No. 16. – P. 53-62.
5. Morozova L. A. Ideas of socialist federalism in the Constitution of the RSFSR of 1918 (to the 100th anniversary of the Constitution) // Historical and legal problems: a new perspective. – 2018. – S. 103-117.
6. Cherdantsev A. F. Logical and linguistic phenomena in jurisprudence. – M., 2012. – 320 p.
7. Chinaryan E. O. The main stages of the development of domestic legislative technology. Doctrinal foundations of legal technique. Ed. N. A. Vlasenko. – M., 2010. – 368 p.
8. Dovgan K. E. Theory of framework legal regulation. – Moscow, 2023. – 168 p.
HISTORY OF STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of Regional studies of Russia, national and state-confessional relations sub-faculty of the Altai State University, professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – Branch of the RANEPA under the President of Russian Federation
LEGAL REGULATION OF ANTI-EPIDEMIC MEASURES AND THE PARTICIPATION OF CLERGY IN THEM: BASED ON THE MATERIALS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN EMPIRE
The article is devoted to the analysis of the historical experience of organizing anti-epidemic events and the participation of clergy in them in the context of the state-confessional policy of the Russian Empire at the turn of the 19th-20th centuries. The materials that served as the basis for the study are stored in the Russian State Historical Archive, namely in the collection of the fund of the Department of Spiritual Affairs of Foreign Confessions of the Ministry of Internal Affairs. This publication is another in a series of analytical materials prepared by us on the coverage of the activities of the Russian state in the context of the regulation of state-confessional relations in the Siberian region.
Keywords: The Main Directorate of Western Siberia, the Main Directorate of Eastern Siberia, epidemic, pandemic, vaccination, experience in organizing anti-epidemic measures, religion, state and confessional policy, archival materials.
Reference list
1. Dikova N. V. Personnel issue in the Omsk diocese in the late XIX – early XX century. and mechanisms for its solution by diocesan authorities // Izvestiya of the Altai State University. – 2020. – No. 3 (113). – S. 31-36.
2. Karavaeva E. V. “Treated by word and deed”: sanitary, educational and medical activities of the Russian Orthodox Church among the rural population in the second half of the 19th – early 20th centuries (based on materials from the Tomsk diocese). – Novosibirsk: Golden Ear, 2019. – 368 p.
3. Mendrina G. I. From the history of resettlement medicine in Siberia // Materials of theoretical and clinical medicine. – Tomsk: TGU Publishing House, 1964. – Issue. 4. – P. 214-224.
4. Nedzelyuk T. G. Siberian clerics in the fight against epidemics (second half of the 19th – early 20th centuries): based on the materials of the Russian State Historical Archive // Religious Studies. – 2023. – No. 1. – P. 15-21.
5. Okonova L.V. Activities of the Lamai Spiritual Board and the Lama Based on Reports of the Administration of the Kalmyk People // Magna Adsurgit: Historia Studiorum. – 2017. – No. 2. – P. 83-97.
6. Russian State Historical Archive (RGIA). – F. 821. – Op. 8. – D. 1157, 1174, 1204.
7. Tsyrempilov D. V. Fund No. 159 “Verkhneudinsk District Smallpox Committee” as a source on the history of smallpox vaccination in Eastern Siberia in the 19th century. // Bulletin of the East Siberian State Institute of Culture. – 2019. – No. 2 (10). – P. 15-19.
8. Tsys O. P. Activity of the Orthodox clergy in providing medical care and medical education of the population of the Tobolsk North in the 19th – early 20th centuries. // Bulletin of the Surgut State Pedagogical University. – 2019. – No. 1 (58). – P. 165-175.
HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
NEKRASOV Anton Igorevich
student of the 4th course of the Institute of Law of the Ufa University of Science and Technology
ON THE QUESTION OF FRANCE’S FOREIGN POLICY COURSE IN THE 1920S AND 1930S (PART 1)
The article deals with the main problems of the consistency of France’s foreign policy in the 1920s and 1930s. The article also investigates the role of prime ministers and foreign ministers in the decision-making process during the fundamental events of the mentioned period: The Paris Conference, The Genoa Conference, The Locarno Conference, The Four-Power Pact, bilateral and multilateral treaties in the field of security and cooperation. The results of the activities of such politicians as Georges Clemenceau, Raymond Poincare, Aristide Briand, Joseph Paul-Boncour, Louis Barthou and Pierre Laval are analyzed.
Keywords: France, foreign policy, The Treaty of Versailles, Germany, international relations, twentieth century.
Reference list
1. Borisov A. Yu., Kleimenova N. E., Narinsky M. M., Sidorov A. Yu. History of international relations. Interwar period and World War II. In 3 vols. M., 2017. Vol. 2. 496 p.
2. Wormser G. La Republique de Clemenceau. Paris, 1961. 522 p.
3. Documents of the foreign policy of the USSR. M., 1961. T. 5. 786 p.
4. White S. The Origins of Detente: The Genoa Conference and Soviet-Western relations, 1921-1922. Cambridge, 1985. 255 rubles
5. Belousova Z. S. France and European security 1929-1939. M.: Nauka, 1976. 418 p.
6. Gafurov B. G. Locarno Treaty between Germany, Belgium, France, Great Britain and Italy. October 16, 1925. Anthology on recent history. In 3 vols. M., 1960. T. 1. 799 p.
7. Marchenko M. N. The ideas of pan-Europeanism in the first half of the twentieth century. // Bulletin of Moscow University. Episode 11 2008. No. 4. P. 4-13.
8. Soutou G.-H. La France, l’URSS et l’ère de Locarno, 1924-1929. L’URSS et l’Europe des années 20. Sous la dir. de M. Narinski, E. du Reau, G.-H. Soutou, A. Tchoubarian. Paris: Presse de l’Université de Paris-Sorbonne. 2000. P. 67-90. (in French).
9. Documents of the foreign policy of the USSR. M., 1970. T. XVI. 920 p.
10. Code telegram of the People’s Commissar for Foreign Affairs of the USSR M.M. Litvinov in the NKID of the USSR with the text of the Geneva Protocol on issues related to the negotiations on the Eastern Pact // Presidential Library named after B. N. Yeltsin. [Electronic resource]. – Access mode: https://www.prlib.ru/item/1296368 (date of access: 02/22/2023).
11. Documents on British Foreign Policy. L., 1976. Ser. 2.V.XV. 862 R.
12. Gromyko A. A. History of diplomacy. M., 1965. T. 3. 831 p.
13. Nesterova T. P. France and an attempt to resolve the Italo-Ethiopian conflict at the end of 1935: the Hoare-Laval plan // Scientific Dialogue. 2020. No. 8. P. 398-411.
14. Kravchenko A. A. Italian aggression against Abyssinia and the Hoare-Laval plan // Bulletin of the Tambov State University. Series: Humanities. 2010. Issue 5. P. 156-161.
15. Magadeev I. E. German politics in the 20s of the twentieth century in the light of the lessons of the First World War // Bulletin of MGIMO University. 2014. No. 4 (37). pp. 35-44.
16. Vershinin A. A. Contradictions of the collective security model: modern historiography on the evolution of the Versailles system of international relations in the 1930s. // Bulletin of MGIMO-University. 2022. No. 15 (2). pp. 108-140.
17. Arshintseva O. A., Glushkov A. E. Locarno, 80 years ago // Proceedings of the Altai State University. 2005. No. 4. S. 7-11.
HISTORY OF STATE AND LAW
SHIRSHOV Boris Vitaljevich
lecturer of Administrative activity and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia
THE SYSTEM OF ADMINISTRATIVE PUNISHMENTS: FORMATION AND DEVELOPMENT
This article will briefly review the history of the formation and development of the system of administrative punishment. In addition, an appropriate emphasis was placed on legal scholars who laid the foundation for the development of the institution of administrative law, and appropriate conclusions were drawn on the modern system of punishment provided for by the Code of Administrative Offenses of the Russian Federation. Analyzing the legal systems of many states, it can be seen that legislators, law enforcers and legal scholars give a large role to the presence of the institution of administrative law, since this particular branch of law is one of the fundamental ones.
Keywords: administrative punishment, administrative penalty, type of punishment, punishment, administrative offense, measure of responsibility, type of punishment.
Reference list
1. Agapov A. B. Administrative law: Textbook. 9th ed., revised. and additional – M.: Yurayt, 2016. – 936 p.
2. Administrative Law of Russia: Textbook. 2nd ed., revised. and additional / Rev. ed. L. L. Popov. M.: Prospekt, 2015. – 745 p.
3. Unified Interdepartmental Information and Statistical System (EMISS). – [Electronic resource]. – Access mode: www.fedstat.ru (date of access: 03/18/2022).
4. Elistratov A.I. Textbook of Russian Administrative Law: Lecture Manual. Issue. 2 / A. I. Elistratov, Pr.-Assoc. Imp. Moscow university – Moscow: Society for Mutual Assistance of Law Students Mosk. un-ta, 1911. – 1 ton; 26. – 96 p.
5. Zavrazhin O. V. The concept, essence and types of administrative punishments: graduation qualification work (thesis): 05/40/01 [Place of defense: Togliatti State University]. – Yekaterinburg, 2013. – 78 p.
6. Kudryavaya A. A. Educational role of administrative punishment // Young scientist. – 2014. –
No. 3 (62). – pp. 653-655. – [Electronic resource]. – Access mode: https://moluch.ru/archive/62/9494/ (date of access: 03/18/2022).
HISTORY OF STATE AND LAW
SEMUSHEV Denis Vladimirovich
senior lecturer of Theory and history of state and law sub-faculty of the Siberian Institute of Management – branch of the RANEPA under the President of the Russian Federation
SOVIET LEGISLATION AS A HISTORICAL SOURCE IN THE PROFESSIONAL TRAINING OF LAWYERS
The article presents the experience of using as a historical source an act of the People’s Commissariat of Justice of the RSFSR – a resolution of December 12, 1919 “Guiding Principles on Criminal Law of the R.S.F.S.R.” in a competitive task, tested during a team game among 1st year students of legal specialties. During the analysis of this normative act, students correlated modern theoretical concepts with the general conceptual and normative prescriptions of the document, with the normative legal acts in force at that time and, in general, with the specific regime of social regulation in the conditions of the civil war. Such comparisons make it possible to show the dependence of normative acts and representatives of state authorities on the historical conditions in which these acts are adopted and applied.
Keywords: legal education, Soviet legislation, history of the national state and law, Guiding Principles on Criminal Law of the R.S.F.S.R.
Reference list
1. Starodubova G. V., Ivanov Yu. A. Law, born of the revolution // Judicial power and criminal procedure. – 2017. – № 3.
2. Stuchka P. I. People’s Court in Questions and Answers: An Unofficial Guide with an Alphabetical Index and Attachment of Decrees of the Workers’ and Peasants’ Government that are Important to the People’s Court. – Moscow; Petrograd: Kommunist, 1918. – 120 p.
HISTORY OF STATE AND LAW
RAEVSKAYA Valeriya Andreevna
magister student of the 2nd course in the direction 40.04.01 “Jurisprudence” of the I. S. Turgenev Oryol State University
THE HISTORY OF THE CREATION AND DEVELOPMENT OF WORKHOUSES IN THE UK
This article examines the history and reasons for the creation of workhouses in the UK. The stages of formation of workhouses, their transformation over time are given. The principles of the implementation of the activities of this social institution are also revealed. The provides paper data on the approximate daily routine of paupers, also contains information about disciplinary violations and sanctions for their commission. The points of view of authors and scientists on the problem of poverty are considered.
Keywords: workhouse, paupers, unemployment, benefits, the poor.
Reference list
1. Barlova Yu. E. Workhouses in the history of English social policy // Science and School. – 2009. – S. 73-75
2. Barlova Yu. E. English legislation on the poor in the 18th – first half of the 19th century // Yaroslavl Pedagogical Bulletin. – 2010. – № 3. – S. 27-31
3. Konovaltsev A. S. Legal policy in the field of public charity (a study of foreign experience) // Bulletin of TSU.- 2012. – No. 8 (112). – S. 299-303
4. Sklyarova E. K. Pauperism and the formation of social policy in Great Britain // Humanitarian and legal research. – 2019. – S. 90-97
HISTORY OF STATE AND LAW
ROMAZANOVA Anna Nikolaevna
competitor of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
PRISONERS OF WAR IN WORLD WAR I AND THEIR LEGAL STATUS
In this article, the author examines the key provisions of the legal status of prisoners of war during the First World War. The focus of scientific research is focused on the legal acts, on the basis of which, during the period under study, the procedure for treating prisoners of war in European countries and in the Russian Empire was determined. The author touches upon the problem of the use of labor resources of this category of persons in conditions that do not comply with the norms of international law. It also provides statistical data on the number of prisoners in the countries participating in the First World War. Particular attention is paid to the situation of prisoners of war in the Russian Empire and Soviet Russia.
Keywords: Hague Convention, prisoner of war, war, combatants, World War I, captivity, violence, camp.
Reference list
1. Bazanov S. Traitors to the motherland or patriots? // History – the first of September. – 2013. – No. 7/8. – P. 10-16.
2. Vasilyeva S. N. Prisoners of war in Germany, Austria-Hungary and Russia during the First World War. – M .: Ed.-ed. center MGOPU, 1999. – 133 p.
3. Kutyavina M. N., Mankovsky I. Yu. Legal status of prisoners of war on the territory of the Russian state during the First World War // Science and Modernity. – 2016. – No. 42. – P. 152-159.
4. Nachtigal R. Prisoners of war in Russia during the First World War / R. Nachtigal // Quaestio Rossica. – 2014. – No. 1. – P. 142-156.
5. Russia in World War 1914-1918 (In numbers). – M.: B.i., 1925. – 103 p.
6. Smirnov M. G. Evolution of the Jus ad bellum rule in international humanitarian law: on the issue of distinguishing between the terms jus in bello and jus ad bellum // Questions of Russian and international law. – 2021. – T. 11. – No. 12A. – P. 251-257.
7. Smirnov Yu. I., Skripnikova M. I. Prisoners of war on the territory of Russia during the First World War // Vestnik MIEP. – 2016. – No. 1 (22). – C. 135-139.
CONSTITUTIONAL LAW
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
HUSEYNOVA Jamilya Sherkhanovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University
ON THE ISSUE OF RESTRICTING THE RIGHTS AND FREEDOMS OF CIVIL SERVANTS IN THE RUSSIAN FEDERATION
The article deals with the problem of restricting the rights and freedoms of civil servants in the Russian Federation. It is said about the possibility of restricting such rights, the limits and possible consolidation of such restrictions at the legislative level, it is emphasized that one of the latest innovations in the field of restricting the rights of civil servants is the established ban on inheritance of foreign assets. The international experience in the sphere of restriction of the rights of officials is analyzed on the example of countries such as America, France, Japan and Canada. The main conclusion is the provision according to which it is necessary to adopt at the federal level a Code of Ethics for Civil servants, which will clarify the concept of proper and proper behavior of officials.
Keywords: citizens’ electoral rights, fundamental rights and freedoms, the Constitution of the Russian Federation, migrant workers, foreign citizens, democracy.
Reference list
1. Lapaeva V. V. Restriction of the rights and freedoms of a person and a citizen: approaches to the development of a legal position // Legislation and economics. – 2005. – No. 6. – P. 7-15.
2. Niering S. Freedom: promise and threat. – M., 2016.
3. Ebzeev B. S. Man, people, state in the constitutional system of the Russian Federation. – M., 2005.
4. Petrukhin I. L. Man and power (in the field of combating crime). – M., 1999. – S. 97. [Electronic resource]. – Access mode: https://www.sovremennoepravo.ru/ (date of access: 04/09/2023).
CONSTITUTIONAL LAW
OSMANOVA Aminat Gadzhimagomedovna
magister student of the Dagestan State University
THE MAIN DIRECTIONS OF IMPROVING THE RIGHT OF CITIZENS TO PARTICIPATE IN THE MANAGEMENT OF STATE AFFAIRS
This article reveals the main directions and trends in the development of the constitutional right of citizens to participate in the management of state affairs in the Russian Federation in modern realities. The development of the State as a whole depends on the realization of this right. This is the main guideline for the democratization of the state and the development of civil society with a high level of legal culture. The pace of progress of modern life does not leave any category in a state of stagnation, the topic under consideration is no exception.
Keywords: participation in the management of state affairs, constitutional law, trends, e-democracy, legal initiative, councils.
Reference list
1. Rudenko VN Consultative public councils in the system of deliberative democracy. – Text: direct // Comparative constitutional review. – 2016. – № 3.
2. Vasilyeva SV Social legitimation of power as the basis of consultative democracy. – Text: direct // Comparative constitutional review. – 2018. – No. 8.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ON THE CONCEPT AND CONTENT OF ADMINISTRATIVE JUSTICE IN ANGLO-SAXON COUNTRIES
The presented study is a deeper and more complex form, summarizing the results of the work obtained over 5 years of studying the Anglo-Saxon administrative justice. This article focuses on the distinctive and characteristic features of the described institute, as well as the problematic aspects of its individual parts. The author has illustrated the most characteristic examples from judicial practice, as well as studied the current laws and legal doctrines for a more nuanced understanding of the nuances of this legal system.
Keywords: administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration.
Reference list
1. Robin Creyke and John McMillan (eds), Administrative Justice – The Core and the Fringe (2000). – P. 58, 60-1.
2. Galligan D. J. Due Process and Fair Procedures: A Study of Administrative Procedures (1996). – No. 3. – P. 237.
ADMINISTRATIVE LAW
FILIN Vladimir Vladimirovich
Ph.D. in Law, associate professor of General legal and special disciplines sub-faculty of the Karaganda University of Kazpotrebsoyuz
FETKULOV Alikzhan Halelovich
Ph.D. in Law, leading researcher of the Research Institute of Economic and Legal Research, associate professor
RAKHIMGULOVA Manshuk Bulatovna
Ph.D. in Law, associate professor, Head of General legal and special disciplines sub-faculty of the Karaganda University of Kazpotrebsoyuz
BAIKENGINA Kulbagila Aliakparovna
Ph.D. in Law, associate professor of General legal and special disciplines sub-faculty of the Karaganda University of Kazpotrebsoyuz
ON SOME ISSUES OF ADMINISTRATIVE RESPONSIBILITY OF FOREIGNERS AND STATELESS PERSONS FOR VIOLATION OF THE RULES OF STAY IN THE REPUBLIC OF KAZAKHSTAN
In the article, taking into account the role of legislation on administrative offenses in public administration, its importance among the instruments for regulating social tension in the country, the mechanism of administrative responsibility of foreigners and stateless persons for violation of the rules of stay on the territory of the Republic of Kazakhstan is analyzed. The issues of qualification of an act related to evasion are indicated, gaps in legal regulation are formulated and ways of their solution are proposed.
Keywords: administrative responsibility, administrative offense, foreigners, stateless persons
Reference list
1. Filin V. V., Fetkulov A. Kh., Rakhimgulova M. B., Baikenzhina K. A. On some issues of improving the administrative legislation of the Republic of Kazakhstan in the light of the Message of the President // Eurasian Law Journal. – 2021. – No. 2 (153). – P. 145-147.
2. Rasulova ZD The main ways of solving the problem of tax evasion // Eurasian legal journal. – 2015. – No. 8 (87) – P. 300.
3. Aliyev A. M., Tailova A. G. Some issues of criminal liability for tax evasion and (or) fees from an individual // Eurasian legal journal. – 2019. – No. 12 (139) – S. 247.
ADMINISTRATIVE LAW
FOMINA Tatyana Fedorovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative activities sub-faculty of the St. Petersburg University of the MIA of Russia
IMPROVEMENT OF THE LEGAL REGULATION OF INCENTIVE PROCEEDINGS IN THE INTERNAL AFFAIRS BODIES
In the article, the author explores the problems of legal regulation of award production in the police, reveals the importance of this institute to improve the quality of public administration and service in the field of internal affairs. It is argued that incentive production is aimed at increasing the motivation, inspiration and loyalty of employees, which in turn leads to an increase in the quality of work. Based on the results of the study, the author formulates a number of proposals for improving approaches to legal regulation of incentive production in the police department and in the public service as a whole.
Keywords: encouragement, incentive production, official legislation, awards, service discipline.
Reference list
1. Kononov P. I. Administrative procedural legislation and the problem of its codification: author. dis. … doc. legal Sciences. – M., 2001. – 25 p.
2. Expanded meeting of the board of the Ministry of Internal Affairs of Russia in 2022. The official Internet portal “President of Russia”. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/news/67795 (date of access: 02/12/2023).
3. Formation of personnel policy and personnel management of the public service: textbook. allowance / Under the general editorship. G. P. Lozovitskaya. – M., 2019. – 71 p.
ADMINISTRATIVE LAW
FRANZ Otto Yurjevich
student of the RANEPA under the President of the Russian Federation, Chief State Inspector of the Department of State Construction Supervision in the Novosibirsk Region No. 1
LEGAL SUPPORT OF CONTROL AND SUPERVISION ACTIVITIES OF STATE BODIES
State control and supervision are processes that allow the state to ensure that the activities of organizations and individuals comply with the law and protect the rights and interests of citizens and society. For the effective performance of their functions, the control and supervision activities of state bodies should be regulated by law. Based on the analysis of theoretical sources and normative legal acts, the features of the legal support of the control and supervision activities of state bodies are characterized.
Keywords: state control, state supervision, legal support, subjects of state control and supervision.
Reference list
1. Kozhevnikov O. A., Nikonova Yu. Sh. Legislation on control and supervision activities: realities and expected prospects // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2021. – T. 27. – No. 2 (81). – S. 132-138.
2. Khozyainova K. G. Novels in the Russian legislation on state (municipal) control (supervision) // Collected. scientific conference. – St. Petersburg: St. Petersburg Institute (branch) VGUYu, 2022. – P. 178-184.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
MURATOVA Elena Vladimirovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CRITERIA FOR THE CHALLENGE OF ADMINISTRATIVE DECISIONS ON THE EXAMPLE OF ANGLO-SAXON COUNTRIES
The presented study is a deeper and more complex form, summarizing the results of the work obtained over 5 years of studying the Anglo-Saxon administrative justice. This article focuses on the distinctive and characteristic features of the described institute, as well as the problematic aspects of its individual parts. The author has illustrated the most characteristic examples from judicial practice, as well as studied the current laws and legal doctrines for a more nuanced understanding of the nuances of this legal system.
Keywords:Administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration, administrative dispute, disputability of an administrative act.
Reference list
1. R v Greenwich London Borough Council, ex parte Cedar Holdings [1983] RA 17.
2. Warrington LJ in Short v Poole Corporation [1926] Ch 66 at 90.91.
3. Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 p. 229
4. Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 at 42.
5. Vavilov v Canada (Minister of Citizenship and Immigration), 2019 SCC 65.
6. S. Bell & Brown L. Neville, French Administrative Law (Oxford University Press, 1993).
7. Campbell, N, ‘The duty to give reasons in administrative law’ [1994] PL 174.
8. Craig, PP, ‘Legitimate expectation: a conceptual analysis’ (1992) 108 LQR 99.
CIVIL LAW
ARZHILOVSKIY Dmitry Evgenjevich
senior lecturer of the Institute of State and Law of the Tyumen State University
GRIGORJEV Alexander Sergeevich
Ph.D. in Law, associate professor of the Institute of State and Law of the Tyumen State University
INFLUENCE OF CYBERSPACE AND DIGITAL TECHNOLOGIES ON THE SENSE OF JUSTICE AND LEGAL EDUCATION OF CITIZENS
The Internet and digital technologies in the 21st century have become an integral part of our daily reality. Their influence is enormous, and the possibilities are endless and need to be studied by various sciences, particularly legal. In addition to the problems of legal regulation of public relations in the Internet, the issue of the impact of cyberspace on the psychology and legal consciousness of citizens, their ability to maintain uniform patterns of lawful behavior in the network and reality is also relevant. The article discusses the question of what threats and problems of the legal consciousness of citizens are posed by the digital environment, ways to solve them are proposed, and the main problematic aspects of the legal education of citizens in the context of the rapid development of cyberspace and its agents are identified.
Keywords: cyberspace, law, sense of justice, legal education, digital technologies, civil society, legality.
Reference list
1. Aisina R. M. Psychological safety of adult Internet users: analysis of modern research. Bulletin of Omsk University. Series “Psychology”. 2019. No. 1. P. 28-38.
2. Gulyakhin VN Legal socialization of a person: monograph. M.: Yustitsinform, 2014. 282 p.
3. Dobrinskaya D. E. Cyberspace: the territory of modern life // Bulletin of the Moscow University. Series 18. Sociology and political science. 2018. No. 1. P. 52-70.
4. Lovtsov D. A. Systemology of legal regulation of information relations in the infosphere: monograph. Federal State Budgetary Educational Institution of Higher Education Russian State University of Justice. Moscow: Russian State University of Justice, 2016. 316 p.
5. Petrova E. A. Topical issues of the theory of law and comparative law: a tutorial. M.; Berlin: Direct-Media, 2015. 233 pp.
6. Petrulevich I. A., Mikhailova O. Yu., Romanko O. A., Tselikovskiy S. B. Features of legal consciousness and problems of the formation of civil society in modern Russia // Theory and practice of social development. 2013. No. 4. P. 159-165.
7. Rassolov M. M. Theory of state and law: textbook. M.: UNITY-DANA, 2015. 575 p.
8. Smelzer N. Sociology. M., 1998. S. 170
9. Fedorov R. V. Theoretical and legal aspects of the right to anonymity on the Internet. Legal Bulletin of DGU. 2022. V. 44. No. 4. S. 34-41.
CIVIL LAW
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
TO THE QUESTION OF THEORETICAL UNDERSTANDING OF THE CONCEPT AND LEGAL NATURE OF THE SUPPLY CONTRACT
Most modern commercial agents and business entities resort to the supply of various goods, raw materials and other elements to carry out their activities. Accordingly, the basis of relations between the seller and the buyer of various goods is the supply of products in all its manifestations. Every day in our country a huge number of supply contracts are concluded, which once again emphasizes the relevance of his research. The article provides a theoretical understanding of the supply contract, analyzes its concept, reveals the signs and characteristics, considers the legal nature of the supply contract. The importance of studying the supply contract in the context of the development of the state economy is being updated.
Keywords: supply of goods, supply contract, concept, legal nature, supplier, buyer.
Reference list
1. Merzhoeva Z. S. Legal nature of the supply contract // Fundamental and applied research: problems and results. – 2016. – No. 1. – P. 141-147.
2. Samarkin S. V. History of millsof the supply contract in Russian legislation // International Journal of the Humanities and Natural Sciences. – 2019. – No. 1. – P. 10-15.
3. Stepanova E. N. Organization of sales in retail trade: current trends // Bulletin of the Khabarovsk State University of Economics and Law. – 2021. – No. 2. – P. 47-53.
CIVIL LAW
GAYBATOVA Kuruma Daudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University
MUSTAFAEV Dzhabrail Shamilevich
magister student of the 1st year of study under the program “Actual problems of civil law” of the Institute of Law of the Dagestan State University
INHERITANCE CONTRACT AS THE BASIS OF INHERITANCE IN RUSSIAN AND FOREIGN LEGAL ORDERS
This article is devoted to a comparative legal study of the legislation of the Russian Federation and foreign countries in the part that is related to the inheritance contract. The features of the emergence and development of the institution under study are revealed, its advantages and disadvantages are listed. In addition, based on the analysis, the shortcomings of the legal regulation of relations related to the inheritance contract were revealed.
Keywords: inheritance law, inheritance contract, inheritance relations, grounds for inheritance, testament.
Reference list
1. Gadzhiev A. A. Comparative legal analysis of the institution of the hereditary contract in the law of Russia, France and Germany // Economics. Right. Society. – 2022. – No. (2). – S. 85-90.
2. Demichev A. A., Inheritance contract in the system of inheritance law of the Russian Federation: debatable problems // Actual problems of state and law. – 2020. – № 16.
3. Lorenz DV Inheritance contract: the approach of continental law // Law. Journal of the Higher School of Economics. – 2020. – № 2.
4. Elderly A. I. History of the hereditary contract // Ural Journal of Legal Research. – 2020. – No. 5 (12).
5. Puchkov V. O. Inheritance contract as a special institution of civil. Laws of Foreign States: General Characteristics and Problems of the Legal Regime // Civil Law and Process. – 2016. – T. 10. – No. 3. – S. 30-36.
CIVIL LAW
GUSEVA Anastasia Alexandrovna
Master’s of Law of the National Research University “Higher School of Economics”, bachelor of Law of the O. E. Kutafin Moscow State Law University (MSAL)
OBJECTIVE IMPUTATION IN DETERMINING SUBJECTIVE GOOD FAITH IN VINDICATION DISPUTES
The article considers the division of good faith into objective and subjective types. The author examines the issue of subjective good faith in vindication disputes. The author concludes that there are some difficulties to establish the subjective good faith (as an excusable unawareness). These obstacles are the abuse of procedural rights, deception of the court and the abstract essence of the legal entity. Therefore, the legislative structure “did not know and could not know” was transformed into a structure “did not know and should not have known” in judicial practice. In the author’s opinion, this can lead to an unfair resolution of some disputes, because it allows an objective imputation. This means that the subjective good faith can be established without investigating the subjective element (without researching whether the person knew and could have known taking into account his/her characteristics and capabilities, that he/she was buying the property not from the owner).
Keywords: vindication, bona fide, subjective good faith, legal entity, fiction, abstraction, falsehood, deception of the court.
Reference list
1. Abakumova E. B. Principles of good faith and reasonableness in corporate legal relations // Bulletin of Arbitration Practice. 2020. No. 4. S. 32-40.
2. Gavrilov E. P. The principle of good faith and the rules of law based on this principle // Economy and law. 2020. No. 11. P. 59-61.
3. Golubtsov VG Judicial proof of the circumstances of subjective good faith // Bulletin of the civil process. 2020. No. 5. S. 83-100.
4. Guseva A. There is a suspicion that the transaction is imaginary. How to use affiliation in proving // Journal “Arbitration Practice for Lawyers”. 2022. No. 9.
5. Egorov A. The principle of good faith in the Civil Code of the Russian Federation: the first steps of the reform // Legal Insight. 2013. No. 2. P. 4-10.
6. Erokhova M. A. The burden of proof of compensation and good faith in the acquisition of another’s property. On changing the approach of the highest court // Law. 2019. No. 8. P. 153-161.
7. Zaitseva N. V. The principle of good faith and its impact on the qualification of legal relations// Bulletin of the Perm University. Legal Sciences. 2020. No. 3. S. 476-501.
8. Nam KV The principle of conscientiousness: development, system, problems of theory and practice. M.: Statut, 2019. 278 p.
9. Novitsky I. B. The principle of good conscience in the draft law of obligations // Bulletin of civil law. 2006. No. 1.
10. Basic provisions of civil law: article-by-article commentary on articles 1-16.1 of the Civil Code of the Russian Federation [Electronic edition. Edition 1.0] / A. V. Asoskov, V. V. Baibak, R. S. Bevzenko [and others]; resp. ed. A. G. Karapetov. M.: M-Logos, 2020. (Comments on the civil legislation of Gloss).
11. Pokrovsky I. A. Main problems of civil law. 6th ed., stereotype. M.: Statut, 2013.
12. Sklovsky K. I. Property in civil law. 5th ed., revised. M.: Statut, 2010. 893 p.
13. Sultanov A. R. Lies of the parties in the arbitration court as a procedural legal fact // Bulletin of the civil process. 2021. No. 4. P. 70-86.
14. Sultanov A. R. On the first steps to prevent lies in the process // The doctrine of the civil process: the present and the future: a collection of reports at the I International Scientific Conference in memory of M. K. Treushnikov (Moscow, February 9, 2022) / Under ed. V. V. Molchanova. M.: Zertsalo-M, 2022. S. 343-347.
15. Sukhanov E. A. Property law: a scientific and educational essay. M.: Statut, 2017. 560 p.
16. Khramtsov KV Criteria for assessing the good faith of the acquirer of property in judicial arbitration practice // Law and Economics. 2007. No. 6.
17. Tserkovnikov M. A. On good faith in the institutions of property law // Bulletin of Civil Law. 2017. No. 2. P. 24-30.
18. Shirvindt A. M. The principle of good faith in the Civil Code of the Russian Federation and comparative law // Aequum ius. From friends and colleagues to the 50th anniversary of Professor DV Dozhdev / Ed. ed. A. M. Shirvindt. M.: Statut, 2014. S. 203-242.
19. Sklovsky K. Purchase and sale agreement: property effect // Russian justice. 1998. No. 10.
CIVIL LAW
DORZHIEVA Svetlana Vladimirovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Dorzhi Banzarov Buryat State University
ON CERTAIN PROVISIONS OF ADOPTION AND GUARDIANSHIP IN RELATION TO ORPHANS AND CHILDREN LEFT WITHOUT PARENTAL CARE
The article is devoted to the analysis of certain provisions of the draft law aimed at improving the legal regulation of the procedure of adoption and guardianship of children left without parental care. It is concluded that relatives, and not only close ones, should have the advantage in creating a substitute family. The presence of an emotional connection, the experience of mutual communication and maybe the experience of living in the same family acquire priority importance in a child placement. The procedure for the placement of children left without parental care must provide an opportunity for an individual and comprehensive assessment of persons willing to adopt a child into their family.
Keywords: adoption, guardianship, orphans, children left without parental care, protection of children’s rights.
Reference list
1. Dorzhieva S.V. Adoptive family: past, present, future (under the general editorship of Doctor of Law, Prof. A.N. Levushkin). M: Prospekt, 2018. 208 p.
2. Ivanova E. A. Preparation of adoptive parents for the future adoption (adoption) of children in the Russian Federation // Bulletin of the Saratov State Law Academy. 2021. No. 3 (140). pp. 113-119.
CIVIL LAW
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
LEVERAGE LEASING AS AN INNOVATIVE FORM OF FINANCIAL LEASE IN RUSSIA
This article discusses a rarely used innovative investment toolkit for modern Russia called leverage leasing. The objective necessity of using new mechanisms for financing domestic projects through leveraged leasing is analyzed in connection with the difficult international situation. The main advantages of the tools we are studying as a way to raise the national economy are analyzed. The objective disadvantages of leveraged leasing in Russia are also considered. The main ways of improving leverage leasing mechanisms for their more successful application in the domestic economy are being explored.
Keywords: financial lease, lessor, leveraged leasing, investments, equipment, lending, tax preferences, assets, financing, entrepreneurs.
Reference bibliography
1. “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 No. 14-FZ (as amended on July 1, 2021, as amended on July 8, 2021).
2. Federal Law No. 164-FZ dated October 29, 1998 “On Financial Leasing (Leasing)” (last edition).
3. Makarova Yu. V., Migunova M. I. Leverage-leasing – an innovative method of financing the renewal of fixed assets // Accounting, analysis and audit: problems of theory and practice. 2013. No. 10. P. 83-86.
CIVIL LAW
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
ANTIPOVA Yana Olegovna
student of Samara State University of Economics
KURILKINA Margarita Sergeevna
student of Samara State University of Economics
EXPERT-ANALYTICAL ACTIVITY IN THE JUDICIAL SPHERE: PROBLEMS AND PROSPECTS OF LAW ENFORCEMENT
This article provides a theoretical and legal analysis of the topic of expert and analytical activity in the judicial sphere, examines its problems and prospects for development in the field of law enforcement. Scientists propose their own vision of the need to use this institute in judicial activity, the relevance of which is due to the active spread of various ways of committing offenses and crimes, including using the Internet or simply in the Internet space, which has not been fully studied to date.
Keywords: judicial activity, judicial sphere, expert, analytics, expert-analytical activity, subject of law, expert activity.
Reference list
1. Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Activities in the Russian Federation”.
2. Gurlev V. G., Khomyakova T. S. Judicial statistics. Statistical processing of expert studies of court activities. – Chelyabinsk: Publishing Center of SUSU, 2021. – 42 p.
3. Korolev B. I., Skobelev A. A. Features of the activity of the expert commission of the court // Man and society in contradictions and agreement: Collection of scientific papers based on the materials of the international scientific and practical conference, Nizhny Novgorod, November 21, 2019. – Nizhny Novgorod: Gladkova O. V., 2019. – S. 192-197.
4. Zhizhina M. V. On the activities of the court in assessing expert opinions // Theory and practice of forensic examination in modern conditions: Proceedings of the 4th International Scientific and Practical Conference, Moscow, January 30-31, 2013. – Moscow: Limited Liability Company “Prospect”, 2013. – P. 112-115.
5. Dikanova T. A. Issues of improving the legislation on expert activity // Legal Bulletin of Samara University. – 2021. – V. 7. No. 2. – S. 96-105. – DOI 10.18287/2542-047X-2021-7-2-96-105.
6. Kuzbagarov A. N., Fedchun A. V. Competition of forensic examinations as an integral part of adversarial proceedings // Bulletin of the civil process. – 2017. – T. 7. No. 5. – S. 69-80.
CIVIL LAW
KURBATOVA Galina Vasiljevna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law sub-faculty of the S. A. Yesenin Ryazan State University
TYPES OF SUPPLY CONTRACT AND ITS DIFFERENCES FROM RELATED CIVIL LAW CONTRACTS
The supply agreement has found wide distribution in modern business practice. Without it, it is impossible to imagine everyday market relations in all their diversity. By means of supply, consumer demand is saturated and satisfied for the goods necessary for the life of each member of society. The article discusses the varieties of the supply contract, examines their characteristic features and differences, reveals the specifics of each existing supply, updates the importance of the diversity of the supply for the life of modern society, provides clear criteria for distinguishing between the supply contract and the sales contract in the context of their interrelated legal nature and general orientation.
Keywords: supply of goods, supply agreement, types of supply agreement, differences in the supply agreement, characteristic features of the supply agreement.
Reference list
1. Bakanina A. I. The place of the supply agreement in the system of modern civil law // New Legal Bulletin. – 2021. – No. 6 (30). – S. 14-16.
2. Mikhailov S. V., Ponomareva N. V. On the issue of the relationship between supply and purchase and sale contracts // Yurist-Pravoved. – 2019. – No. 2. – S. 72-77.
3. Skripova E. V. Concept and qualifying signand supply contracts in modern civil law // Young scientist. – 2020. – No. 52 (342). – S. 248-250.
CIVIL LAW
KONDRATJEV Pavel Olegovich
lawyer
KOSHELYUK Bogdan Evgenjevich
Ph.D. in Law, senior lecturer of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
SLEPOV Andrey Petrovich
Ph.D. in Law, associate professor of History, philosophy of law sub-faculty of the V. F. Utkin Ryazan State Technical University
SILKINA Yuliya Sergeevna
bachelor of the Institute of the Academy of the FPS of Russia
DEVELOPMENT OF DIGITAL LAW IN RUSSIA
Digital law is a relatively new direction in the legal sphere that regulates relations related to the use of digital technologies. In Russia, digital law has only recently begun to develop, and it is already becoming clear that there are many problems in this area. One of the main problems is the lack of a unified legal framework for regulating digital relations. The article discusses digital financial assets and their difference from digital currencies.
Keywords: digital law, objects of civil law, digital financial assets, digital currencies, cryptocurrency, blockchain.
Reference list
1. On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation: Federal Law No. 259-FZ of July 31, 2020 – [Electronic resource]. – Access mode: http://pravo.gov.ru 07/31/2020
CIVIL LAW
KORCHAGIN Matvey Andreevich
student of the Institute of State and Law of the Tyumen State University
MOROZ Narkiza Arbikovna
associate professor of the Institute of State and Law of the Tyumen State University
RIGHT OF DEVELOPMENT: A COMPARATIVE LEGAL ANALYSIS WITH CONSTRUCTION LEASE
In the course of implementation of the Concept of the Development of Civil Legislation, the working group proposed major changes to Section 2 Proprietary rights of the Civil Code of the Russian Federation. The entitlement of the right of development was one of the directions in the reform in proprietary rights. Despite the fact that over 14 years passed, the right of development has not appeared in the current Civil Code of the Russian Federation. One of the reasons for this was the reluctance for fundamental changes in the construction industry on someone else’s land. According to the legislator, all challenges in this area are perfectly coped with by today’s main competitor to the right of development – construction lease. However, such lease has a number of significant drawbacks that must be compared with the right of development. The purpose of the work is to identify the strengths and weaknesses of this legal institution, conduct a comparative analysis with a construction lease, which currently fulfills the tasks of the right of development, and most importantly, the authors of the work set the goal to answer the key question regarding the place of the right of development in the Russian Federation. To achieve this goal the authors of the work applied the following general scientific methods of study: synthesis, analysis, legal modeling, as well as special scientific methods: formal-legal, system-structural, and comparative-legal ones. As a result of this study, it is concluded that the right of development is viable in the Russian Federation. However, the most correct implementation option is not to replace the construction lease with the right of development, but the emergence of the latter as an alternative in legal regulation. Thus, the construction lease serves as an effective tool for continuing the privatization of land, but only the right of development can solve the problem of effective urban renewal.
Keywords: property law, limited proprietary rights, right of development, superficies, construction lease, concept of development of civil legislation.
Reference list
1. Pokrovsky I. A. Basicproblems of civil law / 8th ed. M.: Statut, 2020. S. 206.
2. Tails V. M. The system of Roman law: Textbook. M., 1996. S. 105.
3. Muromtsev S. A. Civil law of Ancient Rome. M., 2003. P. 126.
4. Sukhanov E. A. Property law: Scientific and educational essay. M.: Statut, 2017. S. 247.
5. Bevzenko R. S. Land plot with buildings on it: an introduction to Russian real estate law. M.: M-Logos, 2017. S. 37.
6. Venediktov A. V. State socialist property / Selected works on civil law. T. 2. M.: Statut, 2004. S. 308.
CIVIL LAW
KOLOMIETS Viktor Alexandrovich
postgraduate student of the Novosibirsk State University of Economics and Management
PROFESSIONAL LEGAL REPRESENTATION
The author of the article gives an assessment of the state of such an aspect of legal regulation as the institution of professional judicial representation.
The professional beginning of the representative function is due to several factors, the most important of which is the social and legal status of the person to whom the authority to represent is delegated. As a rule, these powers arise from the fact that a person representing the interests of someone needs to have a special education, as well as to have the necessary document confirming the validity of these powers. The article gives a consistent description of the principles of appointing a representative in court, assesses the prospects for the introduction of a lawyer monopoly
Keywords: lawyer, legal representation, representative, representation, quality of legal assistance.
Reference list
1. Tarlo E. G. Problems of professional representation in legal proceedings in Russia: dis. … doc. legal Sciences. Specialty 12.00.09. Moscow, 2004. 450 p.
2. Zaykov D. E. Professional judicial representation in cases considered by magistrates and district courts: is it time? // Citizen and law. – 2023. – No. 3. – P. 65-72.
3. Nagorny I. E. Problems of professional representation in constitutional proceedings // Fourth Congress of Civil Law Enforcement Agencies: Proceedings of the All-Russian Scientific and Practical Conference with International Participation, Nizhny Novgorod – Barnaul, March 24-25, 2022. – Moscow: Limited Liability Company “Rusigns”, 2022. – P. 301-306.
4. Aloyan E. S. Institute of representation in civil procedural law: dis. … cand. legal Sciences. Speciality. 12.00.15 – civil process; arbitration process. – Saratov, 2021. – 164 p.
5. Kotova I. A. Representation in civil court // Collection of scientific papers based on the materials of the XXVI International Scientific and Practical Conference, Anapa, March 22, 2022. – Anapa: Limited Liability Company “Research Center for Economic and Social Processes” in the Southern Federal District, 2022. – P. 29-34.
6. Korneeva A. D. Lawyer monopoly: prerequisites for formation and implementation problems // Innovations. The science. Education. – 2022. – No. 50. – P. 1361-1367.
7. Tairova A. T. Representation by appointment of a court: legal nature and some practical problems // Scientific Works. Russian Academy of Legal Sciences. Volume Issue 21. – Moscow: Limited Liability Company “Jurist Publishing House”, 2021. – P. 225-230.
8. Shilov E. A. Trends in the development of the Russian Federation Bar. Problems of advocacy // Scientific interdisciplinary research: collection of articles of the XIV International Scientific and Practical Conference, Saratov, May 20, 2021. – Moscow: “KDU”, “Dobrosvet”, 2021. – P. 409-429.
9. Belousova A. A. The main problems of the legal profession and ways to solve them in the Russian Federation at the present time // Theory and practice of modern science. – 2022. – No. 12 (90). – P. 124-128.
10. Kazakova D. G. The main signs and categories of corruption in the actions of a lawyer-defender // Anti-corruption: legal support and anti-corruption standards of behavior: a collection of scientific papers based on the materials of the International scientific and practical conference dedicated to the International Anti-Corruption Day, Tambov, 06 December 2022. – Tambov: Pershina Publishing House, 2023. – P. 71-74.
11. Yusubov E. S., Filimonov Yu. V. Properties of clarifications of the Plenum of the Supreme Court of the Russian Federation on judicial practice // Russian Justice. – 2021. – No. 6. – P. 16-21.
CIVIL LAW
LEBEDEV Maxim Andreevish
commodity operator of the 5th category of the Treatment Facilities Section of the Industrial Safety, Labor Protection and Environmental Protection Unit of the PJSC ANC Bashneft Bashneft-Ufaneftekhim
LEBEDEVA Aigul Fanilevna
leading specialist of the Integrated Industrial Safety, Labor Protection and Environmental management system of the PJSC ANC Bashneft Bashneft-Novoil
CHANGES IN LABOR PROTECTION LEGISLATION IN 2023 FOR MICROENTERPRISES
The article presents changes in the legislation of the Russian Federation in the field of labor protection in relation to microenterprises. It is shown how it is possible to comply with the requirements of regulatory documents, taking into account the permissible indulgences for this category of enterprises. The main directions of labor protection are considered. Possible options for the appointment of persons responsible for labor protection at enterprises are presented.
Keywords: labor protection, microenterprise, labor protection training, instruction, SOOT, SOUT, working conditions, occupational risks.
Reference list
1. Khasanova A. F., Shtur V. B., Shaybakov R. A. Accidents and injuries at oil refining facilities // Oil and gas business: electron. scientific magazine / UGNTU. – 2016. – No. 6. – S. 161-176. [Electronic resource]. – Access mode: http://ogbus.ru/issues/6_2016/ogbus_6_2016_p161-176_KhasanovaAF_ru.pdf.
2. Fedosov A. V., Zakirova Z. A., Guseva I. E. Occupational risks of oil industry workers // Labor safety in industry. – 2016. – No. 6. – P. 70-73.
3. Fedosov A. V., Vadulina N. V., Ryamova S. M., Novikova A. I., Khizbullina A. A. Measurement of levels of harmful production factors. – Ufa: UGNTU Publishing House, 2015. – 333 p.
CIVIL LAW
YAKOVLEV Evgeniy Alexeevich
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
DIGITALIZATION OF CIVIL SOCIETY: PRACTICAL ASPECTS
The Internet, as a worldwide system of computer networks, has changed many areas of public life, having a significant impact on the development of new communication channels. The accelerating processes of digitalization have a dualistic impact on the development of civil society and the state of human rights, mechanisms and methods of their protection. In connection with the development of virtual opportunities, there is a need to create or finalize the issue of a new branch of law. The authors analyzed the current regulatory legal acts regulating the process of digitalization and assessed the practical aspects of its impact on civil society.
Keywords: civil legislation, digitalization, digital technologies, civil society, legal regulation, practical aspects.
Reference list:
1. Makhiboroda M. N., Ananyeva E. O. Legal basis for the activities of collection agencies // Russian justice. 2019. No. 5. P. 13-16.
2. Ananiev O. G., Ananiev Zh. N. Problems of development of a teenager in the modern world // Bulletin of the public research laboratory “Interaction of the penitentiary system with civil society institutions: historical, legal and theoretical and methodological aspects.” 2019. No. 16. P. 35-39.
3. Where you can and where you can’t from October 11 without a QR code in Tatarstan. [Electronic resource]. – Access mode: https://www.tatar-inform.ru/news/kuda-mozno-a-kuda-nelzya-s-11-oktyabrya-bez-qr-koda-v-tatarstane-5839027 (accessed 25.03. 2023).
4. Ananyeva E. O., Ivliev P. V. Implementation and problems of digitalization in certain regions of Russia // Eurasian legal journal. 2022. No. 8 (171). pp. 143-145.
5. In Moscow, a system of payment by person will work at all metro stations. [Electronic resource]. – Access mode: https://www.rbc.ru/technology_and_media/15/10/2021/616894ae9a79473535b7888b (accessed 5.04.2023).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, “Leningrad Regional Bar Association”, branch of “Pelevin and Partners Law Firm”
COMPENSATION FOR MORAL DAMAGE TO THE PATIENT IN CONNECTION WITH THE ESTABLISHMENT OF FORENSIC MEDICAL EXAMINATION OF DEFECTS IN THE REGISTRATION OF MEDICAL DOCUMENTATION IN THE CLINIC OF PLASTIC SURGERY
The problem of moral damage is quite difficult for civil law relations in terms of determining the guilt or innocence of participants in legal relations, establishing the severity of the harm directly. In law enforcement practice, it is necessary to establish the most complete picture of what happened in terms of various aspects and circumstances, in order to present it in the logic of legal regulation. This is especially important in the field of medicalservices, with great risks to the health and life of citizens. As the analysis of the publications of domestic authors on this problem shows, in the scientific discourse there is no consistency in the assessment of such concepts as “expertise,” “moral damage,” “defects in medical documentation” within a single subject field.
Keywords: tort liability, medical services, forensic medical examination, moral damage, defects in medical documentation
Reference list
1. Voytovich L. V., Sergeev I. V. Formation and general characteristics of the institution of liability due to infliction of harm in Russian law in the second half of the 19th – early 20th centuries. // Leningrad legal journal. 2015. No. 3. P. 17-27.
2. Lantukh D. V., Nevzgodina E. L. Compensation for harm caused to life and health of citizens due to the provision of medical services // Bulletin of the Omsk University. Series “Right”. 2019. V. 16. No. 4. S. 104-114.
3. Lyalina E.A., Novoselov V.P. Organization of healthcare and public health // Siberian Medical Journal. 2008. No. 1. P. 34-37.
4. Mironov V. N., Datsko N. P. Law enforcement practice in compensating for harm to health after complications in implant surgery: analysis in Russia and abroad // Actual problems of medicine and biology. 2018. No. 2. P. 85-87.
5. Ocheretny I. S. Tort liability // Domestic jurisprudence. 2017. No. 2 (16). P. 14-18.
6. Starchenko A. A. Defects in the design of medical documentation – derogation of the rights and legitimate interests of patients, including forensic medical examination of proper quality. Forensic medicine. 2017. V. 3. No. 3. S. 40-41.
7. Starchikov M. Yu. Civil liability for causing harm to the life (health) of patients: problems of theory and practice: dis. … cand. legal Sciences. M.: ANO VO “Russian New University”, 2021. 254 p.
8. Shayakhmetova A. R. Civil liability of medical organizations: problems of legal regulation // Legal state: theory and practice. 2019. No. 4 (58). pp. 122-126.
CIVIL LAW
KHARITONOVA Anna Alexandrovna
competitor of Civil law and process and international private law sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
ON INACTION AS PART OF SUBJECTIVE CIVIL LAW
The article explores the doctrinal interpretation of such an element of the composition of subjective civil law as the right to one’s own behavior. The approach, according to which this competence is determined only by an indication of the possibility of an authorized person’s action, is criticized, because it does not take into account the fact that the subjective civil law also includes the possibility of inaction of this person. Objections are raised against the identification of the concepts of “the power of inaction” and “the rejection of a subjective right”. The conclusion is substantiated that as part of subjective civil law, the power of inaction should be considered as an element of the power to own behavior.
Keywords: civil law inaction, the composition of subjective civil law, powers as part of subjective civil law, the right to own behavior, the power of inaction.
Reference list
1. Alekseev S. S. General theory of law. In two volumes. T. II. – M.: Yurid. lit., 1982. – 360 p.
2. Aslanyan N. P. Some questions of the theory of protective legal relations // Protection of private rights: problems of theory and practice: materials of the 3rd annual. intl. scientific-pract. conf. (Irkutsk, September 19–20, 2014) / Ed. N. P. Aslanyan, Yu. V. Vinichenko. – Irkutsk: Publishing House of BSUEP, 2014. – P. 7-18
3. Belov V. A. Civil law: General and Special parts: textbook. – M.: JSC Center YurInfoR, 2003. – 960 p.
4. Bratus S. N. Subjects of civil law. – M.: Gosjurizdat, 1950. – 367 p.
5. Civil law: textbook. In 4 vols. T. 1 / Resp. ed. E. A. Sukhanov. – M.: Wolters Kluver, 2004. – 720 p.
6. Esipova I. A. Legal inaction: dis. … cand. legal Sciences. – Volgograd, 1998. – 159 p.
7. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Gosjurizdat, 1961. – 381 p.
8. Korkunov N. M. Lectures on the general theory of law. – St. Petersburg: Publishing House “Legal Center Press”, 2003. – 430 p.
9. Krasheninnikov E. A. The content of subjective civil law // Essays on commercial law / Sat. scientific Proceedings / Ed. E. A. Krasheninnikova. – Yaroslavl: YarSU, 2006. Issue. 13. – P. 5-22.
10. Malinovsky A. A. Appointment of subjective law // Jurisprudence. – 2006. – No. 4. – P. 222-230.
11. Meyer D. I. Russian civil law. At 2 p. Part 1. – M.: Statute, 1997. – 290 p.
12. General theory of law / Under. total ed. A. S. Pigolkin. – M .: Publishing house of MSTU im. N. Bauman, 1997. – 384 p.
13. Sargsyan A. V., NovOselnov D. A. On the refusal of the right and its consequences // Bulletin of economic justice of the Russian Federation. – 2017. – No. 4. – P. 93-131.
14. Sinitsyn S. A. Absolute and relative subjective civil rights: theory problems // Journal of Russian law. – 2016. – No. 2. – P. 55-62.
15. Sukhanova Yu. V. Refusal of subjective civil rights: author. dis. … cand. legal Sciences. – Kazan, 2009. – 21 p.
16. Theory of state and law: a course of lectures / Ed. N. I. Matuzova and A. V. Malko. – M.: Jurist, 2001. – 776 p.
17. Theory of state and law: textbook / Ed. V. M. Korelsky, V. D. Perevalov. – M.: INFRA∙M – NORMA, 1997. – 570 p.
18. Tretyakov S. V. On the problem of dogmatic qualification of “authority of disposal” // Main problems of private law: Sat. articles on the anniversary of Doctor of Law, Professor Alexander Lvovich Makovsky / Ed. ed. V. V. Vitryansky and E. A. Sukhanov. – M.: Statute. – S. 317-345.
CIVIL LAW
EGOROV Akim Andreevich
magister student of the Russian State Academy of Intellectual Property
DIGITAL RIGHTS MANAGEMENT TECHNOLOGIES AS NON-JURISDICTIONAL METHOD OF PROTECTION
In this article the researcher analyzes the feasibility of Digital Rights Management technologies as a non-jurisdictional method of protection based on Russian law and judicial practice. The legal responsibility for the neutralization of Digital Rights Management technologies is analyzed through legislation and court decisions. As a result of the complex analysis it is established that it is expedient to apply remedies if it will be followed by appeal to the court. The circumvention of technical measures will be, first of all, a weighty proof of violation.
Keywords: copyright, copyright protection, Digital Rights Management, non-jurisdictional means of protection, software, modification, infringement, copyright infringement.
Reference list
1. Batobolotova E. B., Gneusheva T. B. On some problems of copyright protection on the Internet // Law and Practice. – 2020. – No. 4. – P. 168-171.
2. Vanyushina E. A. Technical means of copyright protection on the Internet // Young scientist. – 2021. – No. 53 (395). – P. 55-57.
3. Melnikov O. V. Technical means of copyright protection // Bulletin of the Magistracy. – 2018. – No. 5-2 (80). – P. 127-129.
4. Kuramagomedov R. Sh. The main areas of application of technical means of protection of copyright and related rights // System technologies. – 2014. – No. 10. – P. 1-7.
CIVIL LAW
SABLUKOV Denis Gennadjevich
postgraduate student of Civil law and process sub-faculty of the Academy of Labor and Social Relations, Moscow
PROBLEMS OF APPLYING THE BUSINESS JUDGMENT RULE TO THE DIRECTOR WHEN CHALLENGING A TRANSACTION IN BANKRUPTCY
The article discusses the characteristic features of proving the good faith and reasonableness of the head of the company when challenging suspicious transactions made within three years before the adoption of the bankruptcy petition of the company. The article also touches upon the circumstances that need to be proven to the head of the company in order to prove the circumstances for which there is no tort that allows the transaction to be declared invalid.
This study reflects the imperfection (incompleteness) of the provisions of the Bankruptcy Law in terms of shifting the burden of proof of good faith and reasonableness, when making a transaction, to the head of the company, as well as the correlation between the rule of business judgment of the actions of the head and fiduciary duties provided for in the legislation of the Russian Federation.
The importance of this research is justified by the number of legal cases, where the courts examine the conscientiousness and reasonableness of the actions of the director of the company at the time of making a transaction.
Keywords: Bankruptcy law, challenging suspicious transactions, burden of proof, business risk rule, business judgment rule, fiduciary duties.
Reference list
1. Burtseva L. A. Civil law problems of using an indirect claim as a way to protect business entities: Abstract of the thesis. candidate of legal sciences: 12.00.03, 12.00.15 / [Place of defense: Acad. nar. households under the Government of the Russian Federation]. – M., 2011. – 21 p.
2. Emelyanov V. I. The concept of “reasonableness” in the civil law of Russia // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2002. – No. 10. – P. 145-149.
3. Zhukova Yu. D. The ratio of wrongfulness and guilt in violation of the requirements of reasonableness and conscientiousness by the head of an economic society // Civil law. – 2014. – № 1. – P. 10-13.
4. Eugenzicht V. A. Will and willphenomenon. Essays on the theory, philosophy and psychology of law / Ed. Ed.: Radjabov S. A. – Dushanbe: Donish, 1983. – 256 p.
5. Dal V. I. Explanatory dictionary of the living Great Russian language (first – third editions). – Part 1: A-3. – 1863-1866.
6. Bratus S. N. Legal liability and legality (essay on theory). – M., 2001.
7. Braginsky M. I., Vitryansky V. V. Contract law: General provisions. – M., 1997. – S. 493.
8. Gutnikov O. V. Controlling persons as subjects of corporate responsibility // Legal personality: general theoretical, sectoral and international legal analysis: a collection of materials for the XII Annual Scientific Readings in memory of Professor S. N. Bratus. – M., 2017. – S. 204-211.
9. Stepanov D. I. Responsibility of a shareholder to a shareholder: is it possible to raise such a problem? // Corporate lawyer. – 2008. – № 11. – P. 116-136.
10. Shitkina I. S. Corporate law: Textbook. – M.: “Statut”, 2019.
11. Civil Code of the Russian Federation (part one): Federal Law of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. – 1994. – No. 32. – Art. 3301.
12. On joint-stock companies: Federal Law of December 26, 1995 No. 208-FZ // Collected Legislation of the Russian Federation. – 1996. – No. 1. – Art. 1.
13. On limited liability companies: Federal Law of December 08, 1998 No. 14-FZ // Collected Legislation of the Russian Federation. – 1998. – No. 7. – Art. 785.
14. Decree of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 No. 25 “On the application by the courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”. Access from SPS “ConsultantPlus” (date of access: 05.03.2023).
15. Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 No. 62 “On Certain Issues of Compensation for Losses by Persons Members of the Bodies of a Legal Entity”. – [Electronic resource]. – Access mode: Access from the ATP “ConsultantPlus” (date of access: 05.03.2023).
16. Decision of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 6, 2012 in case No. А56-1486/2010. – [Electronic resource]. – Access mode: Access from the ATP “ConsultantPlus” (date of access: 05.03.2023).
17. Decision of the Fourth AAC dated March 28, 2014 in case No. А58-6045/2012. – [Electronic resource]. – Access mode: Access from the ATP “ConsultantPlus” (date of access: 05.03.2023).
CIVIL LAW
STARTSEV Dmitriy Dmitrievich
competitor of the degree of Ph.D. in Law, specialty 12.00.00 Jurisprudence of Civil law and process and international private law sub-faculty of the Peoples’ Friendship University of Russia, Director (Legal Department) VTB Capital JSC
THESIS ON REVIEWABLE TRANSACTIONS ENTERED INTO BY THE DEBTOR BEFORE THE INSOLVENCY. FOREIGN EXPERIENCE
The institution of the avoidance of transactions concluded by the debtor before bankruptcy is relevant, as it allows protecting the interests of creditors who may suffer from deliberate or imprudent actions of the debtor. Challenging such transactions allows creditors who have not received their debts from the debtor to recover funds from the property received by the debtor from transactions that were concluded illegally.
In addition, transactions concluded by an unscrupulous debtor may affect the equality of creditors in the bankruptcy process, which may lead to an unfair distribution of the debtor’s property between creditors. Therefore, the institution of contesting transactions is a necessary mechanism that allows creating market conditions for creditors to compete and protect their rights in the bankruptcy process.
This article examines the experience of foreign countries in regulating these transactions.
Keywords: reviewable transactions, harmful transaction, insolvency, insolvency law, bankruptcy.
Reference list
1. Aktiengesetz [AktG] [Stock Corporation Act], Sept. 6, 1965, BGBL I (Ger.). – [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/aktg/BJNR010890965.html [https://perma.cc/YLT7-6NKK] (Accessed 14.03.2023).
2. Alan Schwartz, A Contract Theory Approach to Bankruptcy, 107 Yale L.J. – 1807 (1998).
3. B. Espen Eckbo & Karin S. Thorburn, Control Benefits and CEO Discipline in Automatic Bankruptcy Auctions, 69 J. FIN. ECON. – 227, 228 (2003).
4. Credit Lyonnais Bank Nederland v. Pathe Communications Corp. – No. 12150. – 1991 WL 277613 (Del. Ch. 30 Dec. 1991).
5. Douglas G. Baird & Robert K. Rasmussen, Control Rights, Priority Rights, and the Conceptual Foundations of Corporate Reorganizations, 87 VA. L. REV. (2001).
6. George G. Triantis, The Interplay Between Liquidation and Reorganization in Bankruptcy: The Role of Screens, Gatekeepers, and Guillotines, 16 INT’L. REV. L. & ECON. (1996).
7. Gesetz betreffend die Gesellschaften mit beschrankter Haftung [[Gmbh] [Act on Limited Liability Companies], Apr. 20, 1892, RGBL I at 477, as amended, § 64(1) (Here.) – [Electronic resource]. – Mode of access: https://www.gesetze-im-internet.de/englisch_gmbhg/index.html [https://perma.cc/2WWHV36C] (accessed 17.03.2023).
8. Horst Eidenmüller, Trading in Times of Crisis: Formal Insolvency Proceedings, Workouts and the Incentives for Shareholders/Managers, 7 EUR. bus. ORG. L. REV. – 239, 243 (2006).
9. Insolvency Act 1986. – p. 45, § 214 (Gr. Brit.).
10. John Armor et al., Transactions with Creditors, in Reinier Kraakman et al., the anatomy of corporate law: a comparative and functional approach (3d ed. 2009).
11. John Armour, Transactions at an Undervalue, in Vulnerable transactions in corporate insolvency 2003.
12. Jose M. Garrido (Senior Counsel, World Bank Group [WBG]), Out-of-Court Debt Restructuring, WBG Rep. no. 66232 (Jan. 12, 2012). – [Electronic resource]. – Mode of access: http://documents.worldbank.org/curated/en/417551468159322109/pdf/662320PUB0EPI00turing09780821389836.pdf [https://perma.cc/GF8R-TQJE].
13. Michael C. Jensen & William H. Meckling, Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure, 3 J. Fin. Eco. (1976).
14. Richard A. Brealey et al., Principles of corporate finance. – 447-460 (10th ed. 2011).
15. Rizwaan J. Mokal, An Agency Cost Analysis of the Wrongful Trading Provisions: Redistribution, Perverse Incentives and the Creditors’ Bargain, 59 Cambridge L. J. (2000).
16. Rizwaan J. M. Corporate Insolvency: Theory and application (2005).
17. Robert K. Rasmussen, Debtor’s Choice: A Menu Approach to Corporate Bankruptcy, 71 Tex. L. Rev. (1992).
18. Robert K. Rasmussen, Secured Credit, Control Rights and Options, 25 Cardozo L. Rev. (2004).
19. Spanish Insolvency Act (B.O.E. 2003, 13813).
20. Thomas H. Jackson, Bankruptcy, Non-Bankruptcy Entitlements, and the Creditors’ Bargain, 91 Yale L.J. (1982).
21. Thomas H. Jackson, The logic and limits of bankruptcy law, (1986).
22 U.N. Commentaries un international trade law, legislative guide on insolvency law, U.N. Sales no. E.05.V.10 (2005).
23 Zohar Goshen & Assaf Hamdani, Corporate Control and Idiosyncratic Vision, 125 Yale L. J. 560 (2016). – [Electronic resource]. – Access mode: https://scholarship.law.columbia.edu/faculty_scholarship/253 (accessed 03/20/2023).
CIVIL LAW
KHOKHLOVA Mariya Ivanovna
magister student of the Far Eastern Federal University
PROBLEMS OF THE PRACTICE OF “RESTORING CORPORATE CONTROL” AS A WAY TO PROTECT CORPORATE RIGHTS
The article discusses the main issues that arise when using the “restoration of corporate control” as a way to protect the rights of participants in business companies. Particular attention is paid in the article to the issue of determining the integrity of the acquirer of the share when applying clause 3 of Article 65.2 of the Civil Code of the Russian Federation, as well as determining the amount of fair compensation. The author concludes that it is necessary to amend Clause 3 of Article 65.2 of the Civil Code of the Russian Federation, in terms of transferring the obligation to pay fair compensation to the final acquirer of the share to the person responsible for the loss of the participation share. In addition, it is proposed to issue a resolution of the Plenum of the Supreme Court of the Russian Federation, in order to determine the general approach of courts to the definition of evaluation categories in the concept of “fair compensation”.
Keywords: restoration of corporate control, corporate conflict, fair compensation.
Reference list
1. Leontiev N. V. Problems of application of Article 65.2 of the Civil Code of Russia in the context of the restoration of corporate control // Laws of Russia: experience, analysis, practice. – 2019. – No. 1. [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
2. Astakhov P. A. Counteraction to raider seizures. – M., 2007. – S. 7.
CIVIL LAW
FEDORENKO Anastasia Sergeevna
magister student of the program “Commercial Law and Legal Fundamentals” of the Law Faculty of the M. V. Lomonosov Moscow State University.
THE CONCEPT OF GOODS AS AN OBJECT OF COMMERCIAL LAW
The article notes that understanding the concept of a “goods” as an object of commercial law is impossible without analyzing the essence of the concept of trade. Trade is a functional system of trading activities aimed at promoting goods from producers to consumers. The authors analyze the concept of goods in the broad and narrow senses, scrutinizes its features, including considering it in the context of commercial turnover. Particular attention is paid to the accounting aspect of the concept of goods. The article will be useful for everyone who is interested in the legal regulation of commercial activities.
Keywords: goods, trade, signs of goods, accounting.
Reference list
1. Adamovich V. I. Lecture notes on commercial law. – St. Petersburg, 1899.
2. Belov V. A. Alienation and acquisition under the Russian Civil Code (conceptual and terminological side of the issue) // Legislation. – 2006. – № 7.
3. Belov V. A. Trade (commercial) law: actual problems of theory and practice. – M.: Ed. Yurayt, 2019.
4. Belov. V. A. Alienation and acquisition under the Russian Civil Code (conceptual and terminological side of the issue) // Legislation. – 2006. – № 7.
5. Bryzgalin A. V. Corporate relations, contracts and other: from the practice of civil law consulting // Taxes and financial law. – 2018.
6. Galperin S. I. Textbook of Russian commercial and bill of exchange law. Issue. 1, 1907.
7. Golyshev VG Commercial law: Lecture notes. – M.: MIEMP, 2005.
8. Civil law: textbook: in 3 volumes. T. 2. Ed. A. P. Sergeeva. – RG-Press, 2010.
9. Egorova M. A. Commercial law: Textbook for universities. – M.: Statute, 2013.
10. Egorova M. A. Termination of obligations: the experience of a systematic study of the legal institution: Monograph. 2013.
11. Zakupen T. V. Commercial law: a short training course. – M.: NORMA-INFRA-M, 2002.
12. Maslova VA The concept of food products and its legal significance for contracts between retail chains and suppliers. SPS “Consultant Plus”. 2017.
13. Nersesov N. I. Concise course of lectures on trade and bill of exchange law (posthumous edition, corrected and supplemented by A. G. Gusakov).
14. Popondopulo VF Commercial (business) law. – M.: Norma, 2008.
15. Puginsky B. I. Commercial law in Russia. – M.: Yurayt-Izdat, 2003.
16. Tsitovich P. P. Essay on the basic concepts of commercial law. – Kyiv: Printing house of I. N. Kushnerev and Co., 1886.
17. Shershenevich, G. F. The course of commercial law in 4 volumes. T. 2. – M .: Izd. Yurayt, 2020.
18. Enneccerus L., T. Kipp, M. Wolf. German civil law course. T. 1. Publishing house of foreign literature. – M., 1950.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, Leningrad regional lawyer association, Law firm «Pelevin and partners»
TO THE QUESTION OF THE ATTRIBUTION OF MEDICAL DOCUMENTATION TO MEDICAL SERVICE IN THE LAW ENFORCEMENT PRACTICE OF COURTS
The article deals with the general issues of attribution of medical documentation to medical services in the law enforcement practice of courts of general jurisdiction in the context of the general growth of “medical” cases in judicial practice. The hypothesis and legal approach are substantiated that in order to increase efficiency for this category of cases, a more precise institutionalization of the concept of “medical documentation” is necessary, as well as the elaboration of issues of expanding the concept of “medical service” in the context of considering it not only as a medical intervention or a set of interventions, but also as appropriate documentary and medical support.
Keywords: medical documentation, medical service, law enforcement practice, courts of general jurisdiction, medical court cases, procedural features of medical documentation.
Reference list
1. Barbashin M. Yu. Social properties of institutions // Sotsis. – 2018. – No. 2. – P. 25-34.
2. Bekisheva E. V. Forms of linguistic representation of epistemological categories in clinical terminology. Abstract dis. doc. philol. Sciences. – M., 2007.
3. Zhura VV Discursive competence of a doctor in oral medical communication. Abstract dis. doc. philol. Sciences. – Volgograd, 2008.
4. Seregina I. F., Kolokolov A. V., Son I. M., Rugol L. V. On the legal significance of the quality of medical documentation in medical organizations // Bulletin of Roszdravnadzor. – 2019. – № 5.
5. Sergeev Yu. D., Bisyuk Yu. V., Goleva I. V. Medico-legal significance of medical documentation // Medical Law. – 2020. – No. 2. – P. 3-12.
6. Tarasov K. E., Velikov V. K., Frolova A. I. Logic and semiotics of diagnosis. – M.: Medicine, 1989.
7. Tolpegin P. V. Out-of-court defense in the framework of the trial: on the right of the party to the case to get acquainted with the medical documentation requested by the court // Legal Studies. – 2013. – No. 11. – P. 112-125.
CIVIL PROCESS
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of civil and arbitration process sub-faculty of the SamaraState University of Economics
CHERTYKOVTSEV Yuriy Vladimirovich
student of the Samara State University of Economics
VOROBIEVA Albina Andreevna
student of the Samara State University of Economics
GRAZHDANKINA Olga Nikolaevna
student of the Samara State University of Economics
MODERN PROBLEMS OF FORENSIC ACTIVITIES IN THE ASSESSMENT OF OBJECTS OF INTELLECTUAL RIGHTS.
In this article, the authors conduct a theoretical legal analysis of the current situation regarding the protection of intellectual property objects in court proceedings, as well as the complexity of assessing the losses of the right holder in the sale of counterfeit products. The authors propose their own ways of solving the existing problems, the relevance of which is due to the growth of consumer power of the population of the Russian Federation and the development of Internet marketplaces.
Keywords: forensic expert activity, intellectual property, object of intellectual rights, protection of intellectual property objects, actual financial damage.
Reference list
1. Pfeifer E. G. Problems of forensic examinations of the results of intellectual activity // Izvestiya TulGU. Economic and legal sciences. – 2013. – No. 4-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-sudebnyh-ekspertiz-rezultatov-intellektualnoy-deyatelnosti.
2. Gubaidulina E. Kh., Popov A. A. Problems of improving the efficiency of justice and ways to solve them within the framework of the judiciary // Modern trends in the development of science and the world community in the era of digitalization Collection of materials of the VII International scientific and practical conference. Editorial board: Babaeva Z.Sh. [and etc.]. – M., 2022.
3. Savenko AS Subject, objects and tasks of forensic examination of objects of intellectual property // Problems of Economics and Legal Practice. – 2020. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/predmet-obekty-i-zadachi-sudebnoy-ekspertizy-obektov-intellektualnoy-sobstvennosti.
4. Zhizhina M. V. On the activities of the court in assessing expert opinions // Theory and practice of forensic examination in modern conditions: Proceedings of the 4th International Scientific and Practical Conference, Moscow, January 30-31, 2013. – Moscow: Limited Liability Company “Prospect”, 2013. – P. 112-115.
5. Kazankova T. N., Kuznetsova E. A. Problems of modern evidence law in civil and arbitration proceedings // Actual problems of jurisprudence. – No. 1 (73). – 2022. – P. 44-49.
CIVIL PROCESS
MINASYAN Gohar Mikaelovna
Ph.D. in Law, associate professor in the Department of Legal Regulation of Economic Activity of the Financial University under the Government of the Russian Federation
SOME PROBLEMS OF INHERITANCE OF ESCHEATED MOVABLE PROPERTY AND DEBT COLLECTION FROM THE TERRITORIAL BODIES OF THE FEDERAL PROPERTY MANAGEMENT AGENCY
The significance of this work lies in the study of the issues of inheritance of escheated property by the territorial bodies of the Federal Property Management Agency, taking into account the established judicial practice. The article deals with the problems arising from the inheritance of escheated property, the problems of collecting debts at the expense of escheated property, and the incorrect application by the courts of the norms of the current legislation. The article contains recommendations of a practical nature and of great importance for the consideration of cases on the collection of debts at the expense of escheated property.
Keywords: inheritance, escheated property, debt collection, movable property, certificate of the right to inherit, acceptance of an inheritance.
Reference list
1. Inheritance law: article-by-article commentary on articles 1110-1185, 1224 of the Civil Code of the Russian Federation / R. S. Bevzenko, S. L. Budylin, E. V. Kozhevina and others; resp. ed. E. Yu. Petrov. M.: M-Logos, 2018.
2. Regulations on the Federal Agency for State Property Management, approved by Decree of the Government of the Russian Federation of 05.06.2008 No. 432.
3. Ruling of the Arbitration Court of the West Siberian District dated June 29, 2021 No. F04-3675/2021 in case No. A03-4149/2020.
4. Guidelines for registration of inheritance rights (approved by the decision of the Board of the FNP dated March 25, 2019, protocol No. 03/19).
CIVIL PROCESS
TRETYAKOVA Tatyana Olegovna
Ph.D. in sociological sciences, lecturer, associate professor of the St. Petersburg Institute (branch) of the All-Russian State University of Justice (RLA ofthe Ministry of Justice of Russia
NOVELTIES IN THE REGULATION OF WRIT AND CORRESPONDENCE PROCEEDINGS IN CIVIL PROCEEDINGS
The article discusses amendments and additions concerning writ and correspondence proceedings introduced by the legislator in the process of reforming civil proceedings and established by Federal Law No. 451-FZ of November 23, 2018. The author notes that these novels are aimed at the development of simplification and acceleration of the civil process in conditions of an extreme burden on judges and the need for procedural time saving.
Keywords: writ proceedings, correspondence proceedings, court order, correspondence decision, right to defense.
A decent bibliographic list
1. Zagainova S. K. Judicial acts in civil and arbitration proceedings: theoretical and applied problems. Abstract of the dissertation for the degree of Doctor of Law. – Yekaterinburg, 2008. – P. 15.
2. Lapaev I. S., Zobnina A. A. Institute of absentee proceedings in civil proceedings // Nauka. Society. State. – 2016. – V. 4. – No. 2 (14). – P. 95-102.
3. Shadlovskaya O. D. Order proceedings as a simplified form of civil proceedings. Abstract dis. … cand. legal Sciences. – M., 2015. – S. 10-11.
CIVIL PROCESS
ZASOVENKO Grigoriy Viktorovich
magister student of the 2nd course of the MGIMO (U) of the MFA of Russia
THIRD PARTIES INVOLVEMENT IN ARBITRATION (ARBITRATION PROCEEDINGS)
The article discusses the general characteristics of involving in arbitration proceedings persons who have not signed arbitration agreements through the prism of presence or absence of consent to such involvement and the basic doctrinal approaches to arbitration involvement.
Keywords: third parties, non-signatories to the arbitration agreement, arbitration, arbitration proceedings, doctrines of third parties involvement, voluntary involvement, compulsory involvement.
Reference list
1. Gary B. Born. International Arbitration: Law and Practice / Per. from English. ed. N. A. Babajanyan. – Moscow: Russian Institute of Modern Arbitration, 2020.
2. Naletov K. I. Persons who did not sign the arbitration clause as participants in the arbitration // Journal of Foreign Legislation and Comparative Law. – 2021. – Vol. 17. – No. 4.
3. Rodler Irmgard Anna. When are non-signatories bound by the arbitration agreement in international commercial arbitration? // University of Chile and University of Heidelberg Master in International Law (LL.M.) – Investment, Trade and Arbitration, 2012.
4. Onyema Emilia. International Commercial Arbitration and the Arbitrator’s Contract // Taylor & Francis e-Library, 2010.
HOUSING LAW
SHAMAEV Rovshan Yakubovich
magister student of the 2nd course of the program “Corporate Lawyer” of the Russian State University of Justice, lawyer of the 1st TA of the Association “RSOPAU”
AGREEMENTS OF PARTICIPATION IN SHARED CONSTRUCTION: PROBLEMS AND FEATURES
In 2023, shared construction does not lose its relevance. According to Moskomstroyinvest, in Moscow during 2022, developers have prepared for sale more than 9.5 million square meters of real estate, including 103,470 apartments and 80,120 non-residential premises. It is still profitable for citizens to invest in shared construction. But at the same time, the number of defrauded shareholders in Russia is growing and amounts to more than 100 thousand people. This article is dedicated to the features and problems of agreements of participation in shared construction.
Keywords: shared construction, escrow accounts, bankruptcy of the developer.
Reference list
1. Karelina S. A., Frolov I. V. Bankruptcy of the developer: theory and practice of law enforcement (monograph). – M.: “Yusticinform”, 2018. – 240 p.
2. Petrukhin M. V. Agreement for participation in shared construction of real estate objects: problems of legal regulation. – M.: “Infotropic Media”, 2012.
3. Sklovsky K. Equity agreement and the emergence of ownership of the object of shared construction // Economy and law. – 2008. – № 7. – S. 42.
4. In 2022, developers offered more than 9.5 million square meters of real estate for buyers to choose from. // Official portal of the Mayor and the Government of Moscow. [Electronic resource]. – Access mode: https://www.mos.ru/news/item/116371073/ (date of access: 11/25/2022).
EMPLOYMENT 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 IMPROVING THE PERSONNEL POTENTIAL OF THE PENITENTIARY SYSTEM
Service in the penitentiary system is aimed at the realization of public interests and the law gives employees of the penitentiary department a special legal status, due to the performance of constitutionally significant functions in the field of law and order and public security, which in turn entails special requirements for the recruitment of this category of citizens, including the level of their education, vocational training and some other indicators. This article formulates a number of proposals for improving the selection of candidates accepted for service in the penitentiary system and sent to study at departmental higher educational organizations of the Federal Penitentiary Service of Russia.
Keywords: selection of candidates for service, training, penitentiary system, proposals for improvement.
Reference list
1. Baranovsky N. N., Demin V. M.Proposals for improving the selection of candidates accepted for service in the penal system and sent to study at higher and secondary specialized educational institutions of the Ministry of Justice of the Russian Federation. Offers. – M.: FBU NII FSIN of Russia, 2002. – 5 p.
2. Zautorova E. V. Professional and pedagogical competence of employees of the penitentiary system and the correction of convicts // Penitentiary system: law, economics, management. – 2020. – No. 3. – S. 34-37.
EMPLOYMENT LAW
MAKHONIN Danila Dmitrievich
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 2nd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
LABOR MIGRATION: THE ESSENCE OF SOCIO-ECONOMIC PHENOMENON, POPULARIZATION, REGULATION PROBLEMS
The article provides historical and legal periods of the birth and development of labor migration in the Russian state, the emergence of this socio-economic phenomenon, an analysis of current problems of legal regulation, solutions and possible vectors for improving legislation in this area.
Keywords: labor migration, rights of a foreign worker, employment, adaptation centers, integration.
Reference list
1. Tass.ru: article “Russia in terms of the number of migrants ranks second in Europe after Germany” dated 11/28/2019. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/7211493 (date of access: 03/29/2023).
2. Tass.ru: article “A record number of labor migrants entered the Russian Federation in the second quarter of 2022” dated 08.08.2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15417683 (date of access: 03/29/2023).
3. Labor Code of the Russian Federation No. 197-FZ dated December 30, 2001 (as amended on December 19, 2022) (as amended and supplemented, effective from March 1, 2023).
4. Tass.ru: article “Putin supported the idea of creating adaptation centers for migrants in Russia” dated 29.08.2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15587135?utm_source=google.com&utm_medium=organic&utm_campaign=google.com&utm_referrer=google.com (date of access: 04/11/2023).
5. Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” dated July 25, 2002 No. 115-FZ.
6. Magazine “Labor disputes” // How to hire a foreign worker and not get a fine. – 2017.
7. Grishina A. E. Actual problems of modern international relations // Migration dimension of American-Mexican relations. – 2016. – S. 26-27.
8. Tsyganova L. A. Foreign specialists in the Russian state: The historical experience of attracting. – [Electronic resource]. – Access mode: https://publications.hse.ru/pubs/share/folder/7hylql9008/94601985.pdf (date of access: 03/27/2023).
9. Zhiltsova Yu. V. Problems and issues of civil law // The use of labor of foreign workers. – 2008. – P. 72-74.
10. Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Economics and Management. – Volume 1 (67). – 2015. – No. 3. – P. 123-135.
11. Center for Legal Protection and Social and Cultural Adaptation of Migrants ROSMIGRANT. – [Electronic resource]. – Access mode: https://rosmigrant.ru/ (date of access: 04/11/2023).
12. Tass.ru: article “A record number of labor migrants entered the Russian Federation in the second quarter of 2022” dated 08.08.2022. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/15417683 (date of access: 03/31/2023).
13. Kuznetsov G. A. Law in the life of the state and the individual // Influence of the procedure for attracting foreign citizens to labor activity on the content and dynamics of labor relations arising between a Russian employer and a foreign citizen. – 2016. – S. 98-108.
EMPLOYMENT LAW
KHANUKAEVA Tofa Eldarovna
Ph.D. in Law, lecturer of Labor and social security law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
MEDIATION IN LABOR RIGHTS DISPUTES IN RUSSIA: FURTHER DEVELOPMENT IN A COMPARATIVE CONTEXT
The article analyzes the features of the application of the mediation procedure in resolving labor rights disputes in Russian Federation. Based on the comparative legal method, an analysis is made of the legislation and experience of such foreign countries as the USA, Canada, Germany, France, Belgium, the Netherlands, etc., and the prospects for the development of legislation on mediation in Russia .
Among other things, the article highlights the advantages of mediation as one of the alternative dispute resolution methods of labor rights disputes.
In conclusion, the currently existing significant factors that are the reasons for the unpopularity and extremely rare use of mediation in labor rights disputes analyzed in detail, and a conclusion is made about the possibility of eliminating existing obstacles.
Keywords: labor disputes; settlement of labor disputes; labor dispute about rights; International Labor Organization; labor law; mediation; protection of labor rights; consideration and settlement; foreign labor laws; comparative analysis.
Reference list
1. Golovina S. Yu. Problems of the use of mediation in resolving labor disputes. // Russian legal journal. – 2013. – № 6.
2. Zagainova S. K. Report. The main problems of the development of the practice of mediation in legal activity and ways to solve them.
3. Kalashnikova S. I. Mediation in the sphere of civil jurisdiction. – M., 2011.
4. Lisitsyn VV Conciliatory mediation – an effective legal technology or a mistake of the national legislator? // Russian judge. – 2023. – № 1.
5. Petrova N. V., Enyutina G. E. The use of mediation in labor disputes: successes and opportunities “Main theses (based on the speech at the conference of the Foundation for Civil Initiatives” Problems and Prospects for the Development of the Institute of Mediation in Russia”, January 29, 2016, Moscow).
6. Khanukaeva T. E. Labor disputes about the law: a comparative analysis of the legal norms of the Russian Federation and foreign countries: dis. … cand. legal Sciences. – M., 2017.
7. Alexandrowicz J-P. A comparative analysis of the laws regulating employment agreements in the United States and Canada. 23 Comp. Lab. L. & Pol’y J. 1007, 1029. 2002.
8. Hans-Juergen Zahorka, Mediation in Labor Relations: What Can Be Learned from the North American and EU Example, Labor Legislation and Arbitration Project.
FAMILY LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
AN EMPLOYMENT CONTRACT AND THE SPECIFICS OF ITS CONDITIONS IN THE 21ST CENTURY
The article discusses the problems related to the issues of alimony maintenance of minors serving a criminal sentence in the form of imprisonment. The problems of opening enforcement proceedings and replacing the person receiving financial support in relation to minors, as well as monitoring such transfers, are currently being solved reluctantly. On the one hand, the problem of bailiffs is to find the debtor and monitor alimony payments by establishing them on a permanent basis. On the other hand, the issue of changing the place of residence of a minor and replacing the responsible person, who should be responsible not only for correcting the court verdict, but also for respecting the rights of a teenager. The solution of this issue is not given due attention by these institutions, despite the existing legislative framework.
The authors consider the possibilities of observing the rights of minors serving criminal sentences in correctional institutions and indicate the responsibilities of specialized institutions and officials to solve the problems posed.
Keywords: family legislation, alimony legal relations, enforcement proceedings, juvenile convicts.
Reference list:
1. Statistics of marriages and divorces in Russia: by years. [Electronic resource]. – Access mode: https://gogov.ru/articles/natural-increase/marriage-divorce (date of access: 04/15/2023).
2. Alimony debt in Russia 2022, statistics, how many male non-payers, what kind of debt. [Electronic resource]. – Access mode: https://pro-alimenty.info/dolg-po-alimentam-v-rossii-2022-statistika (date of access: 04/15/2023).
3. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.api-press.rf/stats/ug/t/14/s/17 (date of access: 15.04.2023).
4. Ananyeva E. O., Shmaeva T. A. Alimentary legal relations: norms of legislation and reality // Eurasian legal journal. – 2021. – No. 9 (160). – S. 222-223.
FAMILY LAW
SHAMRAEVA Irina Leonidovna
Ph.D. in Law, associate professor of the Belgorod University of Cooperation, Economics and Law
REALIZATION OF THE RIGHT OF CHILDREN LEFT WITHOUT PARENTAL CARE TO LIVE AND BE BROUGHT UP IN A FAMILY ONTHE EXAMPLE OF THE SARATOV REGION
The article is devoted to the problems of the realization of the social rights of children, including the rights of orphans and children left without parental care. In Russia, childhood issues are a priority in state policy. The child rights protection system is a powerful shield that allows to preserve children’s lives and health, to provide children with the opportunity to be brought up in a family, to receive education and medical services, to help in professional self–realization and self-determination of the individual, to instill national, historical and cultural traditions and family values, to protect the child from violence in any of its manifestations. State structures, law enforcement agencies, public associations, and human resources are involved in this system of saving children. The article discusses the problems and provides solutions.
Keywords: children, Commissioner for Children’s Rights, deprivation of parental rights, guardianship, guardianship, restriction of rights.
Reference list
1. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ (as amended on December 19, 2022) // Collection of Legislation of the Russian Federation, 01.01.1996, No. 1, art. 16.
2. Gaziev T. N., Orlova A. V. Realization and protection of the personal non-property right of a child to live and be brought up in a family // Issues of Russian and international law. – 2021. – T. 11. – No. 9A. – P. 56-63.
3. Frikke Ya. A., Slipchenko O. I. Peculiarities of parent-child relations in families where children of primary school age are brought up // Trends in the development of science and education. – 2021. – No. 74-8. – P. 50-52.
4. Shvets A. V., Chubukina A. E. The right of a child to live and be brought up in a family // Legal World. – 2022. – No. 8. – P. 40-43.
5. Territorial body of the Federal State Statistics Service for the Saratov region. [Electronic resource]. – Access mode: https://srtv.gks.ru/folder/165597 // Date of access: 03/20/2023
FINANCIAL LAW
BRATUKHIN Sergey Anatoljevich
magister student of the 2nd year of study of the Financial University under the Government of the Russian Federation
ACTUAL PROBLEMS OF LEGAL REGULATION OF BANKING ACTIVITIES IN THE CONTEXT OF NEW DIGITAL REALITIES
Today, financial technologies are rapidly developing and changing our understanding of banking. Such progressive development undoubtedly has advantages, but, as we can, the development of digital innovations in banking is accompanied by a lack of proper legal regulation of technological processes. Undoubtedly, the effective introduction of innovations in banking requires a developed legal regulation of this process, which makes it relevant to study the legal regulation of banking activities in the new digital realities.
Keywords: legal regulation, finance, banking system, financial system, innovations, digitalization.
Reference list
1. ISO (2022). The path to a new strategy. – [Electronic resource]. – Access mode: https://www.iso.org/annual-reports.html.
2. Organization for Security and Cooperation in Europe (OECD). (2019, June). OECD AI Principles. – [Electronic resource]. – Mode of access: https://www.oecd.org/going-digital/ai/principles.
3. Botasheva L. E., Pervyshev E. A. Financial and legal regulation of banking: current trends in the context of digitalization // Problems of Economics and Legal Practice. – 2018. – № 4. – С 130-131.
4. Terekhova V. V. Legal regulation of banking and digitalization: problems and development prospects // Modern science: actual problems of theory and practice. Series: Economics and Law. -2021. – No. 05. – P. 176-179.
FINANCIAL LAW
UGLANOVA Elizaveta Sergeevna
student of the 4th course of the Financial University under the Government of the Russian Federation
FEATURES OF CARRYING OUT CONTROL MEASURES BY TAX AUTHORITIES BASED ON THE ANALYSIS OF THE SOUTHERN AND NORTH CAUCASIAN FEDERAL DISTRICTS: TOPICAL ISSUES OF JUDICIAL AND ADMINISTRATIVE PRACTICE
This scientific work is devoted to the analysis of the features of the main areas of judicial and administrative practice of control measures in the Southern Federal District, on the example of the Rostov region and the Kabardino-Balkarian Republic. Research methods: deduction, induction, synthesis. The conclusions reflect the main conclusions on the analysis of tax evasion schemes, as well as the statistics of litigation in the Southern and North Caucasian Federal Districts.
Keywords: going to court, income tax, VAT, tax control measures.
Reference list
1. Peresedov A.M. Signs of illegal business splitting and its significant differences from legal cost optimization. – [Electronic resource]. – Access mode: https://urfac.ru/?p=1774.
2. Drozdova E. A., Volkova O. V. Value Added Tax: Problems of Prevention of Illegal Compensation // Problems of Economics and Legal Practice. – 2018. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalog-na-dobavlennuyu.
3. Kravchenko N. A. On some aspects of value added tax evasion // Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-aspektah-ukloneniya-ot-uplaty-naloga-na-dobavlennuyu-stoimost (date of access: 12/18/2022).
4. Sosnovsky S. A. Practical and theoretical problems of the pre-trial procedure for appealing // Petersburg lawyer. – 2016. – No. 2. – P. 65-73.
5. Zhuravleva I. A. Economic benefits of pre-trial settlement of tax disputes in Russia // Management of economic systems: electronic scientific journal. – 2014. – № 71.
6. Zhuravleva I. A. Alternative mechanisms for pre-trial settlement of tax disputes in Russia // Questions of the theory and practice of taxation: Collection of scientific articles / Ed. ed. Doctor of Economics, prof. Goncharenko L. I. – M .: Publishing and trading company Dashov and K”, 2016. – P. 53-62.
TAX LAW
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
PLATONOVA Alexandra Dmitrievna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
CHISTYAKOVA Natalya Yurjevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
NEPOYRANOVA Mariya Vasiljevna
student of the 3rd course of bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ADVANTAGES AND RISKS OF INTRODUCING A SINGLE TAX PAYMENT
The article is devoted to the study of the peculiarities of the institute of a single tax payment’s introduction in Russian Federation. The author identifies the prerequisites for the introduction of this institution, analyzes the features of its functioning and concludes about the advantages and risks of a single tax payment basing on the results obtained. In conclusion, the author notes the imperfection of the implemented tax payment system, and outlines that the system needs to make many adjustments in the nearest future
Keywords: tax system, tax calculations, single tax account, single tax payment, risks.
Reference list
1. Vershinina N. A. A new way of paying taxes. Single tax account of the taxpayer // Scientific almanac. – 2022. – No. 11-2 (97). – P. 84-86.
2. Saprykina T. V., Shchitova D. A., Fokina Yu. Yu. Introduction of a single tax payment (single tax account) into Russian practice) // Diary of Science. – 2022. – No. 12 (72). [Electronic resource]. – Access mode: http://dnevniknauki.ru/images/publications/2022/12/economy/Saprykina_Shchitova_Fokina.pdf (date of access: 03/22/2023).
3. Shcherbakova N. V. The concept of a single tax account in the digital transformation of taxation // Original research. – 2022. – No. 12. – P. 91-95.
4. Yagodina N. V. A single tax payment and a single tax account: relevant in 2023 // Actual issues of modern economics. – 2022. – No. 12. – S. 51-57.
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
SHISHKIN Nikolay Vladimirovich
postgraduate student of the Institute of Law of the Samara State Economic University
RESPONSIBILITY OF THE GOVERNING BODIES OF A LEGAL ENTITY IN THE EVENT OF DAMAGE TO IT
Governing bodies play an important role in the activity of the legal entity, because through them legal entities acquire rights and fulfill obligations. The functions of the governing bodies include making decisions and taking actions that are associated with the emergence, change and termination of legal relations, which enter into the legal entities themselves. And law enforcement practice knows many cases when legal entities suffered losses due to unfair, or even completely illegal actions of government bodies. Therefore, the issues of legal regulation of the procedure for holding the management bodies of a legal entity liable for the losses caused by them is very relevant. But at the same time, it is impossible not to pay attention to the rights of the governing bodies themselves, as well as the participants, creditors of the legal entity. In this connection, it is very important to seek consensus in the interests of these persons in cases of damage to legal entities.
Keywords: governing bodies, legal entity, responsibility, infliction of losses.
Reference list
1. Abakumova E. B. Principles of good faith and reasonableness in corporate relations // Bulletin of arbitration practice. – 2020. – No. 4. – P. 32-38.
2. Vodolagin S. V. Legal responsibility of the heads of organizations: Russian perspectives taking into account foreign experience. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yuridicheskaya-otvetstvennost-rukovoditeley-organizatsiy-rossiyskie-perspektivy-s-uchetom-zarubezhnogo-opyta.
3. Smirnova IA Responsibility of management bodies of economic societies. Entrepreneurial legal aspects. – [Electronic resource]. – Access mode: https://www.dissercat.com/content/otvetstvennost-organov-upravleniya-khozyaistvennykh-obshchestv-predprinimatelsko-pravovye-as.
BUSINESS LAW
MOSKOVSKIY Ivan Sergeevich
magister student of the REC “Legal Studies” of the Institute of Law of the Peoples’ Friendship University of Russia
PROBLEMS OF LEGAL REGULATION AND APPLICATION OF THE “BUSINESS FRAGMENTATION” TAX SCHEME
The article discusses the goals of business fragmentation, as well as judicial practice in which entrepreneurs proved the unreasonableness of imposing liability measures for business separation. Signs have been formed on the basis of which the tax authorities prove the fact of artificial fragmentation of business. The author suggests actions that will help to avoid negative consequences on the part of the tax service when dividing a business as a measure of tax optimization.
Keywords: business fragmentation, tax optimization, signs of illegal business fragmentation, tax benefit, tax planning
Reference list
1. Volkov A. V., Blinkov O. E. Business fragmentation: legal problems // Bulletin of the Perm University. Legal Sciences. 2019. No. 44. S. 265-281. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/droblenie-biznesa-pravovye-problemy. (date of access: 15.04.2023)
2. Ryakhovsky D. I., Popova O. S. Business fragmentation: formation of criteria, building a line of defense on the part of taxpayers // Property relations in the Russian Federation. – 2022. – No. 7 – P. 67-79.
References
1. Volkov A. V., Blinkov O. E. Business fragmentation: legal problems // Bulletin of Perm University. legal sciences. 2019. No.44. pp. 265-281. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/droblenie-biznesa-pravovye-problemy. (accessed: 04/15/2023)
2. Ryakhovsky D. I., Popova O. S. Business fragmentation: formation of criteria, building a line of protection on the part of taxpayers // Property relations in the Russian Federation. – 2022. – No. 7 – Pp.67-79
ENVIRONMENTAL LAW
RYBINSKAYA Elena Timofeevna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
STERKHOV Petr Anatoljevich
Ph.D. in Law, associate professor, associate professor of Civil and business law sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
GAVRILOV Andrey Dmitrievich
bachelor of the Institute of Law of the Baikal State University, Irkutsk
MODERNIZATION OF OIL REFINERIES AIMED AT REDUCING THE VOLUME OF EMISSIONS OF HYDROGEN AND SULFUR DIOXIDE AS A NEGATIVE FACTOR OF IMPACT ON THE ENVIRONMENT
One of the global problems of mankind at present is the problem of atmospheric pollution. In the conditions of the existing realities, an immediate modernization of production is required, aimed at eliminating or reducing such a negative impact. The construction of a sulfur production plant at oil refineries meets the latest requirements in the field of environmental protection and contributes to a significant reduction in emissions of hydrogen sulfide and sulfur dioxide.
Keywords: environmental safety, modernization of production, technologies of a new generation.
Reference bibliographic listk
1. Kuznetsova N. I. Urda M. N. Ecological migration: criminological aspect // All-Russian criminological journal. – 2022. – V. 16. No. 1. – P. 30-38.
2. Sorokina E. M. Environmental reporting as a factor in the success of entrepreneurial activity // Global & regional research. – 2020. – V. 2. No. 1. – P. 292.
3. On the state of sanitary and epidemiological well-being of the population in the Russian Federation in 2021: state. report. – M.: Feder. service for supervision in the field of consumer protection and human well-being, 2022. – 340 p.
4. Bergen D. N. Alternative options for the modernization of regional heat supply systems: environmental and economic aspects. Izvestiya BGU. – 2021. – V. 31. No. 3. – S. 408-415.
5. Tskhadaya N. D. Comprehensive assessment of the impact of oil mines on the environment: dis. … doc. those. Sciences 1999. – 281 p.
6. Solodovnikov A. Yu. Economic activity as a factor in the impact on the environment in the regions of oil and gas production: dis. … doc. geol. Sciences 2007. – 432 p.
7. Kryuchkov K. V. Influence of flares on burning associated gas on forest plantations: dis. … cand. agricultural sciences. 2000. – 165 p.
8. Savchenko O. A. Environmental impact assessment of the Chinarevskoye oil and gas condensate field in Kazakhstan: dis. … cand. biol. Sciences, 2008. – 253 p.
9. Ignatova L. F. Modern technology of social and hygienic monitoring of the child population: dis. … doc. honey. Sciences, 2007. – 397 p.
10. Assessment of the influence of environmental factors on the health of the population of the Irkutsk region: inf.-analyst. bul. for 2018 – Irkutsk, 2019. – 76 p.
11. Sanitary protection zones and sanitary classification of enterprises, structures and other objects: SanPiN 2.2.1/2.1.1.1200-03 // Ros. gas. – 2008.
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 CITIZENS’ ASSESSMENT OF THE LEVEL OF CORRUPTION IN THE LAW ENFORCEMENT SYSTEM (BASED ON MATERIALS FROM AN INTERACTIVE SOCIOLOGICAL SURVEY OF CITIZENS CONDUCTED ON THE OFFICIAL WEBSITE OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA ON THE INTERNET IN 2019)
This article was prepared based on the materials of an interactive sociological survey of citizens conducted on the official website of the Federal Penitentiary Service of Russia on the Internet in 2019, as part of the implementation of the Federal Penitentiary Service of Russia, paragraph 8 of the Comprehensive Plan of Joint Activities for Anti-Corruption Education and Formation of Intolerance to Corrupt Behavior in Society for 2018- 2019. When conducting this sociological study, a questionnaire was used, developed by the General Prosecutor’s Office of the Russian Federation, which includes 35 questions . The manuscript presents the generalized results of respondents’ answers to only some of the questions from the questionnaire, such as the presence of corruption in the law enforcement system and the respondents’ assessment of the level of corruption in the law enforcement system and trust in state authorities engaged in the fight against corruption.
Keywords: Federal Penitentiary Service of Russia, interactive sociological survey of citizens, intolerance to corrupt behavior.
Reference list
1. Zhilyaev R. M., Pervozvansky V. B. Results of an interactive sociological survey on assessing the effectiveness of anti-corruption measures taken to prevent and prevent corruption manifestations, conducted on the official website of the Federal Penitentiary Service in the information and telecommunication network “Internet” in the period from 04/15/2019 to 04/30/2019. Analytical review. – M.: FKU NII FSIN of Russia, 2019. – 28 p.
2. Prosecutor General of the Russian Federation Yuri Chaika approved the Comprehensive Plan of Joint Actions for Anti-Corruption Education // procrf.ru. [Electronic resource]. – Access mode: https:// news.generalnyiy-prokuror-rf-yuriy.html (date of access: 04/06/2023).
3. Website of the Federal Penitentiary Service // fsin.gov.ru. [Electronic resource]. – Access mode: https:// fsin.gov.ru (date of access: 04/06/2023).
CRIMINAL LAW
BONDAREV Sergey Petrovich
Ph.D. in Law, Head of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BOHAN Andrey Petrovich
Ph.D. in Law, associate professor, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
DONSKOY Dmitriy Dmitrievich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Rostov Law Institute of the MIA of Russia
HISTORICAL VALIDITY OF CRIMINAL LIABILITY FOR UNLAWFUL SEIZURE OF A CAR OR OTHER VEHICLE WITHOUT THE PURPOSE OF THEFT (THEFT)
In the article, we consider the history of criminal liability for unlawful seizure of a car or other vehicle without the purpose of theft. Due to the lack of criminal liability for the act under consideration in pre-Soviet legislation, we analyze only the Soviet and Russian periods. Within these periods, the experience of establishing, consolidating and subsequent reform of norms providing for criminal liability for theft has been studied.
Keywords: seizure, car, other vehicle, theft, history, criminal liability.
Reference list
1. Bokhan A. P., Stavilo S. P. Theoretical foundations of the criminalization of socially dangerous acts and the decriminalization of acts that have lost social danger // Science and education: economy and economy; entrepreneurship; law and management. – 2022. – No. 11 (150). – P. 114-118.
2. Zezyulina T. A. The history of the development of criminal law on theft and unlawful possession of a car or other vehicle without the purpose of theft // Penitentiary law: legal theory and law enforcement practice. – 2022. – No. 1 (31). – P. 39-43.
3. Bokhan A. P., Chmyrev S. N. On the concepts of “car”, “tram”, “other mechanical vehicle” in the Criminal Code of the Russian Federation // Counselor of the lawyer. – No. 12. – 2017. – P. 12-18.
4. Kuznetsova A. A. The history of the formation and development of criminal legislation on responsibility for the unlawful possession of a car or other vehicle without the purpose of theft in Russia // Young scientist. – 2022. – No. 3 (398). – P. 328-330.
5. Ryazanova K. A. Theft and theft of a vehicle: general and special // Development of science and practice in a globally changing world in terms of risks: Proceedings of the XII International Scientific and Practical Conference (code – MKRNP). – Moscow, July 22, 2022. – S. 97-101.
CRIMINAL LAW
BRONNIKOV Dmitriy Alexeyevich
postgraduate student of the G. R. Derzhavin Tambov State University
STUDY OF THE IMPACT OF INFORMATION TECHNOLOGY ON THE DEVELOPMENT OF NEW FORMS OF ORGANIZED CRIME IN JAPAN AND ANALYSIS OF SIMILAR RISKS IN THE RUSSIAN FEDERATION
This article examines the impact of information technology on the formation of new forms of organized crime. Using the example of Japan, we consider how new forms of organized crime interact with traditional ones and how law enforcement agencies react to these changes. The paper shows that the new format of crime “hangure” is developing and expanding, while the traditional format of “Yakuza” is narrowing and degrading. The similarity and differences of prerequisites in Russian and Japanese society are studied in order to identify the possible development of negative trends in the Russian Federation, similar to those that can be traced in Japan.
Keywords: information technology, organized crime, Japan, Yakuza, Hangure.
Reference list
1. Ryzhiy D.S. Network structures and political organizations // Socium and power. 2013. No. 3 (41). P. 45-50.
2. Osokin R. B., Dikazhev M. M. Electronic document management in law enforcement agencies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020. No. 6. P. 188-196.
3. Stoker Sally. Japanese organized crime: promoting human trafficking on a large scale // Criminological journal of the Baikal State University of Economics and Law. 2008. No. 2. P. 29-35.
4. Morozov N. A. Crime in modern Japan: problems of criminological and criminal law politics // Moscow State University. Lomonosov. Dissertation for the degree of Doctor of Law. Moscow, 2015. 422 p.
5. Kleimenov M. P., Kozlovskaya M. G. Criminal communities in Japan // Bulletin of the Omsk University. Series “Right”. 2021. No. 4. P. 80-89.
6. Wolfgang Herbert. Sezession, Rezession und Transformation: Umbruch in der Welt der Yakuza. [Electronic resource]. – Access Mode: https://vsjf.net/wp-content/uploads/2019/12/jjb_2016_11_herbert.pdf (accessed 02.03.2023)
7. Wolfgang Herbert Saraba Yakuza – Aufstieg der Hangure. [Electronic resource]. – Access mode: https://www.academia.edu/89436103/Saraba_Yakuza_Aufstieg_der_Hangure (Accessed 03/02/2023)
8. Mizoguchi Atsushi Yakuza hōkai. Shinshoku sareru rokudaime Yamaguchi-gumi //Tōkyō 2015. Kōdansha. p. 165. [Electronic resource]. – Access mode: https://link.springer.com/article/10.1007/s12117-020-09398-4#Fn3 (Accessed 03/02/2023)
9. Simakov A. A., Neelov V. V. Schemes of crimes using cryptocurrency // Journal of Law and Law. 2020. No. 5. P. 106-109.
10. Martina Baradel1 & Jacopo Bortolussi1 Under a setting sun: the spatial displacement of the yakuza and their longing for visibility. [Electronic resource]. – Access mode: https://link.springer.com/article/10.1007/s12117-020-09398-4#Fn3 (Accessed 03/02/2023)
11. Volkov VV Power business in modern Russia. chapter 4. Economic sociology. Moscow 2002. Vol. 3. No. 3. S. 35-43.
12. Julian Hosp. It’s easy about cryptocurrencies. Bitcoin, ethereum, blockchain, decentralization, mining, ICO & Co. St. Petersburg: Progress Book, 2018. 150 p.
CRIMINAL LAW
IBRAGIMOV Artur Gasanguseynovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
MULYUKOV Farhad Batuevich
Ph.D. in Law, associate professor of Theory and methods of teaching law sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
ACTUAL PROBLEMS OF CRIMINAL PROSECUTION FOR CRIMES IN THE FIELD OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
The cybernation of all spheres of human activity, society and the state has become not only an engine of progress, but also a multi-level digital maze that opens up new mechanisms for committing crimes, including in the field of illicit trafficking in narcotic drugs and psychotropic substances. This article analyzes modern sales lines of narcotic drugs and psychotropic substances.
Keywords: illicit trafficking in narcotic drugs and psychotropic substances, Darknet, data encryption, crimes, criminal prosecution.
Bibliographical list
1. Oliver V., Oliver N. Computer networks. principles, technologies, and protocols. Textbook (2020), Progress Book, textbook for universities.
2 Lindsay Murdoch Chris Vedelago, Peter Gerard Scully made Philippine’s children dig own grave: victims. The Age. Fairfax Media (2015). [Electronic recourse]. – Access mode: https://www.theage.com.au/world/peter-gerard-scully-made-philippines-children-dig-own-grave-victims-20150301-13rtke.html (date of the application: 12.03 .2023).
3. Babash A. V., Baranova E. K., Larin D. A. “Information security. History of Information Security in Russia” (2015); IC RIOR.
4. Report for 2020 of the International Narcotics Control Board. [Electronic recourse]. – Access mode: https://www.incb.org/documents/Publications/AnnualReports/AR2020/Annual_Report/E_INCB_2020_1_eng.pdf (date of the application: 03/12/2023).
5. Vasilyev A. A., Ibragimov Zh. I., Vasilyeva O. V. Darknet as an elusive sphere of legal regulation (2019, “The Language of Law”).
6. Criminal Code of the Russian Federation dated 06/13/1996.
7. “All that stuff. Research on what Russia is using” dated 07/25/2019 (“Project”). [Electronic recourse]. – Access mode: https://www.proekt.media/research/narkotiki-v-darknete/ (date of the application: 03/12/2023).
8. “The problem of combating crimes in the Internet space on the example of the darknet”, E. E. Lipin, G. D. Drozdov // Young Scientist. no. 50 (340), 12/10/2012.
9. “What is the deep and shadow Internet?”. Kaspersky. [Electronic recourse]. – Access mode: https://www.kaspersky.com/resource-center/threats/deep-web (date of the application: 03/12/2023).
10. Sysenko R., Sysenko A. A. The content of operational search support for the detection and investigation of crimes related to drug trafficking, and its search features // Bulletin of Omsk University, series “Law”, 2007, Higher Attestation Commission.
CRIMINAL LAW
IVANOV Igor Yurjevich
postgraduate student of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
CHISTYAKOV Alexey Alexeevich
Ph.D. in Law, professor of Criminal law, criminal process and criminalistics sub-faculty of the Institute of Law of the Peoples’ Friendship University of Russia
GENERAL CHARACTERISTICS OF NON-FULFILLMENT OF A MILITARY ORDER
The paper gives a general description of the categoryory “military order”, analyzes the elements and signs of the corpus delicti “non-execution of a military order”, identifies the signs of the analyzed act. The author provides an analysis of the criminally punishable act “non-execution of a military order” according to the composition of the crime, as well as the specifics of the application of Article 42 of the Criminal Code of the Russian Federation in cases of the absence of corpus delicti. The article considers the circumstances that exclude the criminality of an act in the execution of a military order. In conclusion, the author offers a list of cases in which criminal liability arises for non-fulfillment of a lawful military order and (or) execution of an illegal military order.
Keywords: non-execution of a lawful military order, criminal tort, execution of a military order that does not comply with the law.
Reference list
1. Akhmetshin Kh. M. Military criminal law: textbook; ed. O. K. Zatelepina. – M .: For the rights of military personnel, 2008. – 311 p.
2. Grigencha V. Ya. Criminal-legal problems of order execution: author. dis. … cand. legal Sciences. – Yekaterinburg, 1997. – 145 p.
3. Koryakin V. M. Military administrative law: textbook. – M.: Justice, 2019. – 496 p.
4. Koryakin V. M. Military regulations as sources of military law // Military law. – 2017. – No. 2. – P. 6-9.
5. Sidorenko VN Criminal liability of military personnel for non-execution of an order. – M .: For the rights of military personnel, 2009. – 176 p.
6. Baleev S. A., Kruglikov L. L., Kuznetsov A. P. et al. Criminal law of Russia. Special part: textbook / Ed. F. R. Sundurova, M. V. Talan. – M.: Statute, 2015. – 941 p.
7. Criminal law of Russia. General part: textbook / Ed. V. P. Revin. – M.: Yustitsinform, 2016. – 227 p.
8. Kharitonov S. S. Offsite meetings of military courts at the location of military units: issues of legal regulation of procedures in relation to the need to improve them // Law in the Armed Forces – military legal review. – 2018. – No. 8. – P. 41-48.
CRIMINAL LAW
ISAEV Victor Vladimirovich
lawyer, Moscow State Institute of International Relations of the Ministry of Foreign Affairs of the Russian Federation (MGIMO (U) of the MFA of Russia)
BASIC PRINCIPLES OF GUNTER JACOBS’ FEINDSTRAFRECHT THEORY AND THEIR REFLECTION IN THE CRIMINAL LEGISLATION OF RUSSIA, GERMANY AND USA
The article describes the main provisions of the concept of “criminal law for enemies” elaborated in 1985 by German scientist and jurist Gunter Jacobs. Special attention is paid to the works of famous philosophers who became the ideological inspirations for the development of this theory. The author of this article attaches particular importance to the practical implementation of the main provisions of G. Jacobs doctrine in the criminal legislation of Russia, Germany and the United States.
Keywords: Günter Jacobs, criminal law, enemy, citizen, terrorist attacks.
Reference list
1. Federal Law “On Combating Corruption” dated 25.12.2008 No. 273-FZ (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_82959/ (date of access: 05/12/2021).
2. Federal Law No. 35-FZ dated 06.03.2006 “On Combating Terrorism” (last edition). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_58840/ (date of access: 05/12/2021).
3. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on April 5, 2021, as amended on April 8, 2021). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 05/14/2021).
4. Gesetz zur Bekämpfung des Terrorismus vom 12/19/1986. – Electronisches Portal. [Electronic resource]. – Access mode: https://dejure.org/BGBl/1986/BGBl._I_S._2566 (Accessed: 05/12/2021).
5. Gesetz zur Bekämpfung von Korruption. – Electronisches Portal. [Electronic resource]. – Access mode: https://dejure.org/BGBl/2015/BGBl._I_S._2025 (accessed 12.05.2021).
6. USA Patriotic Act. – Electronic source. – [Electronic resource]. – Access Mode: https://www.fincen.gov/resources/statutes-regulations/usa-patriot-act (Accessed 05/12/2021).
7. StGB (Strafgesetzbuch). – Electronisches Portal. – [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/stgb/ (Accessed 14.05.2021).
8. Charlotte Back. The criminal law of the (Political) Enemy. – Electronic source. [Electronic resource]. – Access mode: https://www.jstor.org/ (Accessed: 05/10/2021).
9. Günther Jakobs. Bürgerstrafrecht und Feindstrafrecht. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/331572088_Zum_Feindstrafrecht_bei_Gunther_Jakobs (accessed 05/12/2021).
10. Kant. Uber den Gemeinspruch. Band 8. – Elektronisches Portal. [Electronic resource]. – Access mode: https://korpora.zim.uni-duisburg-essen.de/kant/aa08/299.html (accessed 15.05.2021).
11. Kant. Zum ewigen Frieden. Einphilosophischer Entwurf. Band 8. – Elektronisches Portal. [Electronic resource]. – Access mode: https://archive.org/details/zum_ewigen_frieden_ak_librivox (Accessed: 05/14/2021).
12. Hobbes. Vom Menschen. Vomburger. – Electronisches Portal. [Electronic resource]. – Access mode: https://www.textlog.de/6416.html (date of access: 05/15/2021).
13. Fichte. Grundlage des Naturrechts nach den Prinzipien der Wissenschaftslehre. Erster Band. – Electronisches Portal. [Electronic resource]. – Access mode: https://archive.org/details/grundlagedesnat00fichgoog (accessed 05/15/2021).
14. Frank Saliger. Feindstrafrecht: Kritisches or totalitäres Strafrechtskonzept. – Electronisches Portal. [Electronic resource]. – Access mode: https://www.jstor.org/ (access date: 05/10/2021). S. 758.
15 Rousseau. Staat und Gesellschaft. Contrat Social, übersetzt und commentiert von Weigand. Zweites Buch. Kapitel 5. – Elektronisches Portal. [Electronic resource]. – Access mode: https://archive.org/details/staatundgesellsc00rous (accessed 05/15/2021).
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
CAUSES AND MEASURES TO PREVENT STUDENT CRIME
The article discusses the causes of student crime. Student crime is primarily due to the fact that students, due to age and psychological characteristics, do not fully understand that a criminal path is a path to nowhere, many young people seek to assert themselves among their peers and show their importance by being afraid of nothing and no one and are ready to break the law, the main thing is to win authority among their own kind. The article considers measures to prevent student crime that can be applied in various educational institutions.
Keywords: student crime, causes of crime, illegal behavior, student identity, law enforcement youth agencies.
Reference list
1. Nechaeva T. A. Prevention of offenses in the student environment as the formation of personality in society. [Electronic resource]. – Access mode: http://bibliofond.ru/view.aspx?id=99610 (date of access: 04/03/2023).
2. Zadorozhny V. I. Problems of improving the organizational and legal support for the prevention of crimes // Russian investigator. – 2006. – No. 3. – S. 34-38.
3. Akhmetgaleev E. D. Participation in the volunteer movement as a condition for the social and professional development of a student at a university // Kazan Pedagogical Journal. – 2009. – № 3. – S. 78.
4. Zorina N. S. Family distress as a factor in juvenile delinquency // Law and State: Theory and Practice. – 2023. – No. 1 (217). – P. 188-189.
5. Akhyadov E. S. M. Criminological characteristics and prevention of crimes of minors and youth // Young scientist. – 2013. – No. 12 (59). – S. 620.
6. Komarnitsky A. V. Crime of youth in modern Russia: criminological analysis // Leningrad legal journal. – 2011. – № 4. – S. 94.
7. Federal Law of December 30, 2020 No. 489-FZ “On Youth Policy in the Russian Federation” Access from the reference legal system “ConsultantPlus”.
8. Pavlova L. V., Kochkina O. V. Organizational and legal aspects of activities to prevent neglect and delinquency among minors // Administrative law and process. – 2023. – No. 3. – S. 62-64.
CRIMINAL LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
THE CURRENT STATE AND PROSPECTS FOR THE DEVELOPMENT OF THE METHODOLOGY FOR COMPILING A PSYCHOLOGICAL PORTRAIT OF THE KILLER
Despite the fact that the number of murders committed in recent years in the Russian state has been decreasing, this criminal practice still has a very large-scale spread, in connection with which the issues of effective investigation of murders are paid close attention by law enforcement agencies. Of great practical importance for the investigation of these crimes is the use of special knowledge and skills in terms of assessing the psycho-emotional state of the offender, including until the identification of suspects. In this context, the practice of compiling a psychological portrait of a murderer is most often used, which is of particular relevance in the investigation of serial criminal acts.
Keywords: crimes against life and health, murder, methods of crime investigation, psychological portrait of the killer, Russian investigative practice.
Reference list
1. Antonyan Yu. M., Enikeev M. I., Eminov V. E. Psychology of a criminal and investigation of crimes. M., 2016. S. 99.
2. Burmistrova N. S. Forensic profiling: on the issue of drawing up a portrait of a serial killer // Gaps in Russian legislation. 2019. No. 6. P. 222-226.
3. Vasilchenko A. V. To the question of the use of special knowledge in the field of psychology, sexology and psychiatry in the disclosure and investigation of serial sexual murders // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. 2021. No. 2 (92). pp. 106-112.
4. Isaeva L. M., Nesterova V. V., Prokofiev O. I. Theory and practice of drawing up a psychological and forensic portrait. M., 2010. S. 90.
5. Ishigeev V.S. Psychological and forensic portrait: truth and fiction // Criminalistics: yesterday, today, tomorrow .2021. No. 3 (19). P. 89.
6. Korchagin A. A. History and modern problems of methods of investigation of premeditated murder // Law. Right. State. 2021. No. 1 (29). P. 139.
7. Martynenko VD Theoretical and legal foundations of forensic methods of investigating murders // Actual scientific research in the modern world. 2021. No. 8-1 (76). P. 122.
8. Smirnova V. Yu. Problems of methods of investigation of serial murders on sexual grounds // Education and science in Russia and abroad. 2020. No. 1 (65). P. 55.
9. Fayzullina A. A. Methods of compiling a psychological portrait of a criminal in the investigation of serial murders // Legal Science. 2022. No. 10. P. 75-77.
CRIMINAL LAW
KOLOTILINA Anastasia Alexandrovna
postgraduate student of Criminal law and criminology sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
OBJECTIVE SIGNS OF CRIMES COMMITTED BY BAILIFFS (ARTICLES 285 AND 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article presents a criminal law analysis of objective signs of malfeasance committed by bailiffs. The author developed lists of forms of criminal actions/omissions of bailiffs on the grounds of crimes under articles 285 and 286 of the Criminal Code of the Russian Federation, based on an analysis of judicial practice. Judicial practice in relation to bailiffs in case of abuse and abuse of power indicates the need to indicate the rights and legitimate interests of citizens and organizations that have been violated, thereby establishing the materiality of their violation. The qualification of official crimes by bailiffs in connection with the performance of official duties requires the establishment of the existence of an action, consequences and causal relationship between them.
Keywords: official crime; bailiff; abuse of office; abuse of power.
Reference list
1. Dineka V. I. Qualification of malfeasance: textbook. allowance. – M .: MosU of the Ministry of Internal Affairs of Russia, 2008. – 69 p.
2. Prudnikov VV Crimes against state power, public service interests in local governments (criminal legal aspects). – Krasnodar: Kuban State University, 2003. – 118 p.
3. Criminal liability for official crimes in Russia. Problems of legislative consolidation and law enforcement. – M.: YurInfoR-Press, 2005. – 400 p.
CRIMINAL LAW
MAKAROV Ruslan Vyacheslavovich
lawyer of the First Bar Association of the Republic of Mari El
GABDRAHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University
RECOGNITION OF RECIDIVISM OF CRIMES WITH THE CANCELLATION OF A SUSPENDED SENTENCE: TO THE HISTORY OF THE ISSUE
The article discusses the problems associated with the recognition of recidivism of crimes in the event of the cancellation of a suspended sentence. For law enforcement officers, it is important to find out the fact of the cancellation of a suspended sentence, the time of the commission of new crimes, to resolve the correlation of the operation of the criminal law in time and criminal record. Various approaches of science and judicial practice in solving these issues are presented.
keywords: criminal record, recidivism of crimes, cancellation of probation, places of imprisonment, referral, search.
Reference list
1. Diamonds A. Problems of application of the definition of “crime relapse” // Criminal law. – 2010. – № 2. – P. 15-20.
2. Butenko T., Petrov M. Problems of recognition of recidivism of crimes when the conditional sentence is canceled // Criminal law. – 2012. – No. 3. – P. 15-17.
3. Vozzhannikova I. G. Relapse as a type of multiplicity of crimes: monograph / Ed. ed. A. I. Chuchaev. – M.: KONTRAKT, 2014. – 110, (2) p.
4. Korotkikh N. Conviction as a sign of recidivism of crimes // Legitimacy. – 2005. – No. 1. – P. 37-39.
5. Reshetnikov A. Actual problems of establishing the recurrence of crimes in the event of the abolition of probation // Criminal law. – 2013. – No. 3. – P. 39-42.
6. Syubaev I. I. On some issues arising in determining the type of recidivism of crimes // Criminal Law. – 2015. – No. 2. – P. 68-74.
CRIMINAL LAW
MALTSEVA Svetlana Nikolaevna
Ph.D. in Law, Head of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
QUESTIONS OF QUALIFICATION OF ACTS FOR THE COMMISSION OF IATROGENIC CRIMES
Despite the modern achievements of medicine, the professional activity of a doctor (nurse), where mistakes would be excluded, is not yet possible. Hence, it is necessary to develop the position of the legislator on how to assess the professional mistakes of medical staff from the point of view of the criminal law. The medical community is more focused on the fact that medical errors in the activities of medical staff are the costs of the profession, and it is unlawful to bear legal responsibility for this. Otherwise, according to doctors, no one will provide medical care for fear of the prospect of being found guilty of improper provision of medical services.
Keywords: medicine, medical error, criminal liability of medical personnel, special subject of crime.
Reference list
1. Chupryna P. S. Criminal liability of medical workers for violation of their professional duties // Bulletin of the Tomsk State University. – 2009. – № 320. – S. 144.
2. Timofeev I. V. Medical and legal aspects of the risks of medical care: medical intervention and inaction of a medical worker // Medical Law. – 2017. – No. 4. – P. 8.
3. Perederiy V. A., Golodny A. N. Problems of application of the criminal legislation of Russia for improper provision of medical services // Law: history and modernity. – 2018. – No. 4. – P. 45.
4. Suchkova T. E. To the question of the need to determine the legal criteria for medical error // Bulletin of the Vyatka State University. – 2014. – No. 12. – P. 114.
5. Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” dated 21.11.2011. No. 323-FZ.
6. P. 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012. No. 17 “On consideration by the courts of civil cases on disputes on the protection of consumer rights”.
7. Lesnichenko A. M. Medical mistake // Problems of science and education. – 2018. – No. 13 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vrachebnaya-oshibka-1 (date of access: 12.12.2022).
CRIMINAL LAW
NABIULLINA Viktoriya Romanovna
senior lecturer of Technosphere safety sub-faculty of the Northern Trans-Ural State Agricultural University
THE RATIO OF THE ELEMENTS OF CRIMES PROVIDED FOR IN ARTICLES 207.1 AND 207.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION WITH OTHER ELEMENTS OF CRIMES
The article provides a comparative analysis of Articles 207.1 and 207.2 of the The Criminal Code of the Russian Federation with some related offenses for the dissemination of deliberately false socially significant information. In particular, the objective and subjective aspects of the elements of crimes provided for in Articles 128.1, 207, 207.3 of the Criminal Code of the Russian Federation are investigated. The differentiation of the crimes under consideration is of great theoretical and practical importance for countering the commission of crimes.
Keywords: deliberately false information, socially significant information, Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation.
Reference list
1. Volchkova A. A. Anti-fake novels of the criminal law // Justice in modernworld (to the X All-Russian Congress of Judges). Collection of materials of the All-Russian interdepartmental scientific-practical conference. In 2 parts. Part II. Edited by V. I. Popravko, Yu. V. Zhuravleva, R. V. Yartsev. – Nizhny Novgorod, 2022. – P. 174-180.
2. Dubovichenko S. V., Karlov V. P. Criminal liability for the public dissemination of knowingly false information (ST. ST. 207.1, 207.2 of the Criminal Code of the Russian Federation) // Bulletin of the Volga University. V. N. Tatishcheva. – 2020. – Vol. 1. – No. 3 (96). – pp. 154-163/
3. Criminal law in 2 volumes. Volume 2. Special part: a textbook for universities / A. V. Naumov [and others]; executive editors A. V. Naumov, A. G. Kibalnik. – 5th ed., revised. and additional – Moscow: Yurayt Publishing House, 2022. – 499 p.
4. Shchuplenkov O. V., Shchuplenkov N. O. Constitutional foundations of information freedom in Russia // Legal Studies. – 2013. – No. 10. – S. 35-92. DOI: 10.7256/2305-9699.2013.10.9617. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=9617.
5. Commentary on the Criminal Code of the Russian Federation (article by article) (9th ed., revised and additional) / K. A. Barysheva, Yu. V. Gracheva, R. O. Dolotov and others; ed. G. A. Esakova. – M.: Prospekt, 2021. [Electronic resource]. – Access mode: ATP ConsultantPlus.
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
TATYANCHENKO Lyudmila Evgenjevna
senior lecturer in Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
CHILD SUPPORT EVASION: CRIMINAL LAW AND CRIMINOLOGICAL ASPECTS
This article is dedicated to the analysis of the problems of evasion of alimony payments for minor children by their parents. On the basis of generalization of materials of investigative and judicial practice, analysis of the doctrine of criminal law, the authors have identified criminal-legal and criminological aspects affecting the evasion of alimony payments for minor children by their parents. This article suggests some measures to minimize the adverse consequences for the child resulting from non-payment of alimony by their parents.
Keywords: evasion, alimony, child, children, repetition, liability, damage, adverse consequences.
Reference list
1. Alimony fund can be created before the end of the year. [Electronic resource]. – Access mode: https://www.pnp.ru/politics/alimentnyy-fond-mozhet-byt-sozdan-do-konca-goda.html (date of access: 26.02.2023).
2. Gorbatova M. A., Lesin V. E. Criminal liability for non-payment of funds for the maintenance of children: problems of theory and practice // Law: history and modernity. – 2020. – No. 3 (12). – S. 94.
3. Mekinulova Zh. G. Problems of liability for malicious evasion from paying funds for the maintenance of children and issues of application of part 1 of article 157 of the Criminal Code of the Russian Federation // Young scientist. – 2020. – No. 48 (338). – S. 293-295. [Electronic resource]. – Access mode: https://moluch.ru/archive/338/75701/ (date of access: 26.02.2023).
4. Chugunkova M. V. Statistics on alimony arrears in Russia / Alimony. [Electronic resource]. – Access mode: https://pro-alimenty.info/dolg-po-alimentam-v-rossii-2022-statistika/
CRIMINAL LAW
ROMANOVA Nelli Lvovna
Ph.D. in Law, associate professor, Head of Criminal law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk, Honored Lawyer of the Irkutsk Region
FROLOV Saveliy Andreevich
student of the East Siberian Branch of the Russian State University of Justice, Irkutsk
ABOUT SOME PROBLEMS OF ATMOSPHERIC POLLUTION QUALIFICATION
In the article, the authors analyze the problems of regulation by the criminal law of the crime described in Article 251, which affect the effectiveness of the application of this norm. The necessity of “deciphering” the term “pollution” is noted not as a process, but as a consequence, the result of a criminal act for the needs of distinguishing from an administrative offense and for the benefit of the qualification process. The objective of this study is to identify the constructive and semantic shortcomings of this criminal law norm in order to improve Article 251 of the Criminal Code of the Russian Federation, both from the standpoint of theory and law enforcement practice.
Keywords: criminal law, environmental crimes, atmospheric pollution, environmental safety, regulation problems, criminal consequences.
Reference list
1. Bokuts E. Yu. Criminal-legal characteristics of atmospheric pollution: author. dis. … Toand. legal Sciences: 12.00.08. – M., 2017. – 219 p.
2. Dubovik O. L., Choltyan L. N. Ecological law in questions and answers. – M.: Iz-vo Prospekt, 2017. – 368 p.
3. Popov I. V. How misinterpretation of the concept of “atmospheric pollution” affects the legality of sentences in criminal cases // Actual problems of criminal and criminal procedure policy of the Russian Federation: Mat. intl. scientific-practical. Conf., Omsk, May 21, 2021 / Ed. Ed.: I. G. Ragozina, Yu. V. Derichev. – Omsk: SibYuU, 2022. – S. 10-16.
4. Romanova NL Some problems of qualification of environmental crimes // Features of the qualification of environmental crimes: Collection of mat. interuniversity round table (dedicated to the 300th anniversary of the Russian police), Irkutsk, October 26, 2018 – Irkutsk: VSI Ministry of Internal Affairs of the Russian Federation, 2018. – P. 48-51.
CRIMINAL LAW
SENNIKOV Igor Sergeevich
magister student of the Law Faculty of the Financial University under the Government of the Russian Federation
TREND TOWARDS MITIGATING RESPONSIBILITY FOR TAX EVASION CRIMES IN THE RUSSIAN FEDERATION AND WESTERN EXPERIENCE WITH REGARD TO CRIMINAL LIABILITY FOR EVASION OF PAYMENT OF TAXES, FEES, AND OTHER MANDATORY PAYMENTS
The article is devoted to the analysis of the trend towards a softer approach to criminal liability for crimes related to tax evasion, fees and other mandatory payments in the Russian Federation. The author analyzes legislation and law enforcement practices in Russia and in the West, as well as social, economic and political aspects of the problem. As a result of the research, the author concludes that reducing criminal liability for tax evasion in Russia can have a positive effect on the economy and business environment, as well as contribute to a more effective fight against corruption. However, the author also points out the need to improve legislation and enforcement practices with comprehensive measures to combat such crimes to minimize the negative consequences of mitigating criminal liability for tax evasion.
Keywords: taxes, tax offenses, criminal liability, mitigation of liability, decriminalization, liability for tax evasion.
Reference list
1. Ostroukhova V. A. Methods of investigating crimes related to tax evasion by legal entities: dis. master’s degree in law Sciences: 40.04.01. – Tolyatti, 2017. – 113 p.
2. Varygina L., Danilov K. S., Erokhin K. F., Kasumov N. F., Ilyin A. Yu. . – 2022. – No. 4 (17). – P. 28-36.
3. Supkhapkhan-Kovaleva VK Comparison of tax systems in Russia, USA and France // Theory and practice of modern science. – 2019. – No. 7 (49). – P. 161-166.
CRIMINAL LAW
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
FOMIN Vasiliy Vasiljevich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
CRIMINAL LIABILITY OF MEDICAL PERSONNEL FOR A PROFESSIONAL MISTAKE
“Criminal liability of medical workers” is determined by several factors, namely the social significance of the profession of a doctor or a nurse for society, the population. Crimes committed by medical personnel in the performance of their professional duties represent the complexity of the qualification of the act in investigative and judicial practice. Medical personnel act as a special subject of a crime if, in the performance of their professional duties, a violation or non-fulfillment of functional requirements, prescriptions, which resulted in harm to human life or health, was committed.
Keywords: criminal liability, medical staff, professional error, improper provision of medical care, patient.
Reference list
1. Nevzgodina E. L. Legal qualification of a medical error and its legal consequences // Bulletin of the Omsk University. Series “Right”. – 2015. – No. 2 (43). – P. 138.
2. Trunov I. L. Medical error, crime, misdemeanor // Man: crime and punishment. – 2010. – № 1. – S. 35.
3. Federal Law No. 323-FZ of November 21, 2011 “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”.
4. P. 10 Art. 2 of the Federal Law No. 323-FZ of November 21, 2011 “On the fundamentals of protecting the health of citizens in the Russian Federation”.
5. Ulezko S. I. The concept of iatrogenic crimes // Society and law. – 2018. – No. 2 (64). – P. 47.
6. Markov A. A., Dzhuvalyakov P. G., Kolkutin V. V. On modern forensic terminology in researchanii situations associated with “medical errors” // Astrakhan medical journal. – 2017. – No. 12 (1). – S. 115.
7. Kisses E. L., Gorbunov A. E. Medical error and crime: equivalent concepts? // The science. Society. State. – 2017. – No. 5 (1 (17)). – S. 129.
8. Dudka O. F. Legal responsibility of medical workers. Pre-trial and judicial practice in cases of professional violations in health care facilities of the Tomsk region // Siberian Journal of Clinical and Experimental Medicine. – 2013. – No. 28 (4). – S. 116.
CRIMINAL LAW
MULYUKOV Farhad Batuevich
Ph.D. in Law, associate professor of Theory and methods of teaching law sub-faculty of the Kazan (Privolzhie) Federal University
IBRAGIMOV Artur Gasanguseynovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Kazan (Privolzhie) Federal University
PRINCIPLES OF CRIMINAL LAW AND TOPICAL ISSUES OF THEIR IMPLEMENTATION IN THE PROCESS OF IMPOSITION OF PUNISHMENT
The most important issue of particular relevance at the present time, which is of great importance in modern socio-economic realities, is the problem of implementing the principles of criminal law, criminal liability while imposing criminal punishment.
In this regard, the purpose of this article is to identify existing problems and to form new approaches to solving issues of implementing the principles of criminal law, criminal liability while imposing criminal punishment; substantiate modern effective forms of achieving their effectiveness in the interests of restoring social justice, legality, universal equality, and humanism.
The leading approach to the study of this problem is the dialectical method of knowledge based on the use of dialectical-materialistic teaching. The article examines the problems of implementing the principles of legality, equality, culpability and social justice, and humanism while imposing punishment, taking into account the latest changes and additions to the current criminal legislation; presents the author’s judgments, author’s reflection on the stated problem; identifies problems in the research of other scientists on this topic. As a result of the conducted research, the necessity to state the goal of restoring social justice when imposing criminal punishment as the goal of achieving social justice when imposing criminal punishment is justified.
The practical significance of the research results is that the materials presented in the article can be used by professors of law schools, officials of preliminary inquiry and preliminary investigation agencies, judges and law enforcement officers in their professional activities to counteract violations of the principles of legality , universal equality, culpability, social justice, and humanism made by judges while imposing criminal punishment.
The conclusion contains conclusions on the article, clearly revealing the aspects that are briefly stated in the abstract.
Keywords: problem, implementation of the principle, equality, justice, punishment.
References
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2. Bogolyubov, L. N., & Lazebnikova, A. Yu. On the way to modern civilization: Materials for the course “Man and society”. – Moscow: Prosveshcheniye, 1992.
3. Borodin, S. V. Crimes against life. – Moscow: Yurist, 1999.
4. Borzenkov, G. N., Borodin, S. V., Kuznetsova, N. F. … Naumov, A. V. New criminal law of Russia. General part: Textbook (N. F. Kuznetsova, Ed.). – Moscow: Zertsalo, TEIS, 1996.
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8. Duyunov, V. K., Cvetinovic, A. L. Additional punishment. theory and practice. – Frunze: Ilim, 1986.
9. Ekimov, A. I. Justice and socialist law. – Leningrad: Leningrad University Publ, 1980.
10. Fatkhutdinov, A. I. Goals of punishment and legal regulation of the mechanism of their achievement under the Criminal code of the Russian Federation. [PhD Thesis, Kazan State University]. – 2003.
11. Galiakbarov, R. R. Criminal law. General part: Lecture notes and other materials. – Krasnodar: Kuban State Agricultural University Publ, 1999.
12. Gorelik, A. S. Punishment on the totality of crimes and sentences. – Krasnoyarsk: Solo, 1991.
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14. Kashepov, V. P. (Ed.). Criminal law of the Russian Federation. General and Special parts: Textbook for university students (2nd ed.). – Moscow: Bylina, 2001.
15. Khamitov, R. N. Special rules for sentencing. – Kazan: Kazan University Publ, 2001.
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19. Lebedev, V. M. (Ed.). The commentary to the Criminal Code of the Russian Federation (2nd ed.). – Moscow: Norma, 2004.
20. Maltsev, G. V. Justice and equality as principles of socialist legislation. In Questions filosofii prava. Tezisy dokladov // Questions of the Philosophy of Law. abstracts. – Moscow, 1973.
21. Naumov, A. V. Russian criminal law. General part: Course of lectures. – Moscow: BEK, 1996.
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23. Ozhegov, S. I., & Shvedova N. Yu. Explanatory dictionary of the Russian language. – Moscow: Azbukovnik, 1999.
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CRIMINAL LAW
ANDERIA Diana Godvin Kasinga
postgraduate student of the Peoples’ Friendship University of Russia
RESPONSIBILITY FOR CRIMES COMMITTED WITH THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS
The article deals with some problematic aspects of criminal liability for committing crimes involving artificial intelligence systems. The study discusses the existence of artificial intelligence of criminal liability for offenses, as well as the distinction between the innocent infliction of harm and the commission of crimes using artificial intelligence systems.
Keywords: artificial intelligence, delinquency, observed party, criminal prosecution, regulation of artificial intelligence, case with the use of artificial intelligence.
Reference list
1. Obukhov A. A. Neural network analysis and mathematical modeling of social processes. Izvestiya vuzov. North Caucasian region. Series: Social Sciences. – 2019. – No. 2 (202). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/neyrosetevoy-analiz-i-matematicheskoe-modelirovanie-sotsialnyh-protsessov (Accessed 04/01/2023).
2. XIsamova Z. I., Begishev I. R. Criminal liability and artificial intelligence: theoretical and applied aspects // All-Russian journal of criminology. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-i-iskusstvennyy-intellekt-teoreticheskie-i-prikladnye-aspekty (date of access: 04/01/2023).
3. Simonyan S. A., Gambaryan A. S. Necessity and problems of the legal personality of artificial intelligence // Legal technique. – 2021. – No. 15. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/neobhodimost-i-problemy-pravosubektnosti-iskusstvennogo-intellekta (date of access: 04/05/2023).
4. Nikitenko S. V. Concepts of the legal personality of artificial intelligence // Scientific interdisciplinary research. – 2020. – No. 2-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontseptsii-pravosubektnosti-iskusstvennogo-intellekta (date of access: 04/05/2023).
5. Petrikova S. V., Lavrushkina A. A. The subjective side of the corpus delicti in causing harm to health by artificial intelligence // Socio-political sciences. – 2021. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/subektivnaya-storona-sostava-prestupleniya-pri-prichinenii-vreda-zdorovyu-iskusstvennym-intellektom (date of access: 04/05/2023).
6. Kartashov I. I., Kartashov I. I. Artificial intelligence as a subject of criminal liability: present and prospects // Law: history and modernity. – 2021. – No. 2 (15). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/iskusstvennyy-intellekt-kak-subekt-ugolovnoy-otvetstvennosti-nastoyaschee-i-perspektivy (date of access: 04/05/2023).
7. Mosechkin I. N. Artificial intelligence and criminal liability: problems of the formation of a new type of subject of crime // Bulletin of St. Petersburg State University. Episode 14 – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/iskusstvennyy-intellekt-i-ugolovnaya-otvetstvennost-problemy-stanovleniya-novogo-vida-subekta-prestupleniya (date of access: 04/05/2023).
CRIMINAL LAW
DEVICHENSKIY Mikhail Vyacheslavovich
postgraduate student of Criminal law and process sub-faculty of the Institute of Law and National Security of the G. R. Derzhavin Tambov State University
ON THE ISSUE OF DETERMINING THE SUBJECT OF MILITARY CONTRABAND DURING A SPECIAL MILITARY OPERATION
This article discusses the concept of military contraband. Special attention is paid to the definition of the subject of military contraband during a Special Military Operation. Examples of illegal movement of weapons, ammunition, explosives, explosive devices, and other weapons across the state border of Russia from territories controlled by the Armed Forces of Ukraine stationed in territories newly admitted to the Russian Federation are given. The article examines examples of military smuggling in the past years due to the events in the North Caucasus at the turn of the XX-XXI centuries. The harm caused as a result of the use of weapons directed during the supply of the Armed Forces of Ukraine, as well as the possible socially dangerous consequences of getting into the depths of the Russian territories of smuggled weapons are analyzed. The conclusion is formulated on the creation of measures to counter the smuggling of weapons into the territory of the Russian Federation, in order to determine the tasks and effective measures to prevent and suppress these criminal encroachments.
Keywords: smuggling, SVO, APU, illegal arms trafficking, weapons and military equipment, transnational crime, responsibility, legislation, Criminal Code of the Russian Federation.
Reference list
1. Lapshina D. A. The problem of legal statuses of new territories of the Russian Federation // International Journal of the Humanities and Natural Sciences. Legal Sciences. – 2022. – No. 11-3 (74). – S. 168.
2. Mokrinsky O. A. Smuggling of firearms and ammunition: legal and technical and forensic problems of investigation: dis. … cand. legal Sciences. – Volgograd, 2004. – S. 258.
3. Musaev M. M. Criminal law and criminological analysis of the illegal manufacture of weapons: based on the materials of the Republic of Dagestan: author. dis. cand. legal Sciences. – Makhachkala, 2004. – S. 24.
4. Robak A. V. Arms smuggling. Scientific notes of the Crimean Federal University named after V. I. Vernadsky // Legal Sciences. – 2019. – No. 3. – P. 171.
5. Sushko A. D. Criminal liability for the smuggling of firearms in the CIS member states // Law and Law. – 2014. – No. 11. – P. 90-99.
6. Shelkovnikova E. D., Solnyshkova O. V. Russia in the system of international cooperation in the field of arms control // Law and Politics. – 2001. – No. 4. – S. 53-62.
CRIMINAL PROCEDURE
ABDULVALIYEV Almaz Firzyarovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Tyumen State University
PETROV Vladimir Vasiljevich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Tyumen State University
TOLSTOLUZHINSKAYA Elena Mikhaylovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Tyumen State University
VIDEO CONFERENCING AND NOVELTIES OF CRIMINAL PROCEDURE LEGISLATION
The article is devoted to the legislative innovations adopted in December 2022 concerning the use of video conferencing systems in criminal proceedings when the court decides on the election of a preventive measure in the form of detention, house arrest, bail, prohibition of certain actions, as well as the circle of persons who can participate in a court hearing using this technology.
The object of the study is a video conferencing system used in criminal proceedings. The subject of the study is the norms of the criminal procedure legislation of the Russian Federation regulating the use of video conferencing systems, as well as the practice of using this technology in the investigation and consideration of criminal cases. Comparative legal, statistical and logical methods were used in the research process.
In the course of the study, it was possible to establish that the video conferencing system is in demand in criminal proceedings, but the mechanism of its application requires further legislative regulation, since it does not cover all the decisions specified in Part 2 of Article 29 of the Code of Criminal Procedure of the Russian Federation. The issue of legal regulation of the use of video conferencing at the stage of preparation of the case for trial and at the stage of execution of the sentence remains open.
Keywords: video conferencing, digital technologies, court, trial, criminal proceedings, defendant, judicial action, preventive measures, security, execution of the sentence.
Bibliography by article
1. Abdulvaliev A.F. Problems of using the videoconferencing system in criminal proceedings // Law and Politics. – 2009. – No. 7. – P. 1461-1466.
2. Lazareva V. A. Criminal process in a pandemic and then // Legal Bulletin of Samara University. – 2020. – V. 6, No. 3. – S. 84-90. – DOI: http://doi.org/10.18287/2542-047X-2020-6-3-84-90.
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4. Volodina L. M. Problems of protecting human rights in criminal proceedings in a pandemic // Law and Politics. – 2020. – No. 9. – P. 23-32.
5. Ivanov V. V., Serzhantova L. A. Development of e-justice during the COVID-19 pandemic // Bulletin of the Baltic Federal University. I. Kant. Series: Humanities and social sciences. – 2021. – No. 4. – P. 13-19.
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7. Afanasyeva S. I., Dobrovlyanina O. V. Legal regulation of the production of investigative actions using video conferencing under the current Code of Criminal Procedure of the Russian Federation // Ex jure. – 2022. – No. 4. – P. 101-117.
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9. Afanasyeva S. I. Actualization of the expansion of the composition of participants in criminal proceedings using video conferencing // Perm Legal Almanac. – 2022. – No. 5. – P. 317-331.
10. Sabine Braun, Katalin Balogh (2016) Bilingual videoconferencing in legal proceedings. Findings from the AVIDICUS projects. – 1-12.
11. Bednyakov I. L., Razveykina N. A. Peculiarities of audio recording and video conferencing when considering criminal cases by the court of first instance // Judicial power and criminal process. – 2021. – No. 1. – P. 39-45.
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CRIMINAL PROCEDURE
ALEXANDROVA Olga Pavlovna
Ph.D. in Law, associate professor, associate professor of Law enforcement, criminal law and process sub-faculty of the Pskov State University
BOGDANOV Maxim Nikolaevich
Ph.D. in Law, Head of Criminal law disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
SOME ISSUES OF USING THE CAPABILITIES OF VIDEO CONFERENCING SYSTEMS AT THE STAGE OF PRELIMINARY INVESTIGATION OF CRIMES
The article discusses the issues of modern legal regulation of the use of videoconferencing systems at the stage of preliminary investigation in the production of investigative actions in Russia and some foreign countries and possible prospects for their improvement. The issues of using videoconferencing in such investigative actions as interrogation, confrontation, presentation for identification are noted. Attention is focused on the use of digital technologies in the production of investigative actions in the republics of the near abroad: the Republic of Kazakhstan, the Republic of Belarus, the Republic of Uzbekistan.
Keywords: videoconference, preliminary investigation stage, interrogation, confrontation, presentation for identification.
Reference list
1. Federal Law “On Amendments to the Code of Criminal Procedure of the Russian Federation” dated December 30, 2021 No. 501-FZ // Collection of Legislation of the Russian Federation. – 2022. – No. 1 (part I). – Art. 70.
2. Code of Criminal Procedure of the Russian Federation: Federal Law of December 18, 2001 No. 174-FZ // Collection of Legislation of the Russian Federation. – 2001. – No. 52 (part I). – Art. 4921.
3. Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V. [Electronic resource].- Access mode: http://online.zakon.kz/Document/?doc_id=31575852#sub_id=6740000.
4. Code of Criminal Procedure of the Republic of Uzbekistan, approved. Law of the Republic of Uzbekistan dated September 22, 1994 No. 2013-XII. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30421101.
5. Code of Criminal Procedure of the Republic of Belarus of July 16, 1999 [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=30414958&doc_id2=30414958#activate_doc=2&pos=79;-80&pos2=2375;-54.
6. Bezlepkin B. T. Criminal process in Russia: Proc. allowance. – 3rd ed., revised. and additional – M.: KNORUS, 2006. – 496 p.
7. Bogdanov M. N., Egorov A. M., Shlenkov A. G. Problems of legal proceedings in the Pskov region in the first half of the 1980s: historical and legal aspect // Education. The science. Scientific personnel. – 2019. – No. 4. – P. 25-27.
8. Kainov V. I., Bogdanov M. N., Egorov A. M. Consideration by the courts of the Pskov region of complaints and statements of citizens in the second half of the 1980s – early 1990s. (historical and legal aspect) // Legal science: history and modernity. – 2018. – No. 2. – P. 86-94.
CRIMINAL PROCEDURE
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 Penitentiary 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 Federal Penitentiary Service of Russia
SOLVING THE PROBLEM OF OVERLIMIT IN PRE-TRIAL DETENTION CENTERS OF THE PENITENTIARY SYSTEM: FOREIGN EXPERIENCE
Detention is the most severe measure of restraint in both domestic and foreign criminal proceedings, which is chosen in exceptional cases and when it is impossible to choose another less severe measure of restraint. However, as shown by the analysis of the forms of statistical observation of the judicial department at the Supreme Court of the Russian Federation, the preventive measure in the form of detention in the Russian criminal process continues to be chosen in cases where other less severe preventive measures can be dispenced with. This circumstance often leads to overcrowding of cells in pre-trial detention centers. In this article, on the basis of foreign experience, a number of proposals are formulated to reduce the number of persons in pre-trial detention centers of the penitentiary system.
Keywords: pre-trial detention centers of the penitentiary system, filling limit, foreign experience, detention, downsizing, proposals.
Reference list
1. Official website of the judicial department at the Supreme Court of the Russian Federation. 2023 [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79 (date of access: 04.04.2023).
2. Zhilyaev R. M., Bazhanov S. A., Strogovich Yu. committing crimes of small and medium gravity. Analytical material. – M.: FKU NII FSIN of Russia, 2022. – 112 p.
3. Official website of the RBC newspaper. The Ombudsman announced the overcrowding of the Moscow pre-trial detention center – “people sleep in turns” More on RBC. [Electronic resource]. – Access mode: https://www.rbc.ru/society/20/12/2022/63a182e39a79478820324d25. (date of access: 04.04.2023).
CRIMINAL PROCEDURE
BILYAEV Vladimir Alexandrovich
Ph.D. in Law, associate professor, professor of Criminal law and process sub-faculty of the Sevastopol State University
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
JUSTICE AND COMPETITIVENESS IN CRIMINAL PROCEEDINGS: THE LEGAL RELATIONSHIP AND THE SPIRITUAL AND IDEOLOGICAL ROOTS OF ANTAGONISM
The article, using a civilizational approach, critically analyzes the principle of competition in criminal proceedings for its compliance with the general legal principle of justice. The authors come to the conclusion that the concept of opposing (fighting) the interests of the parties to the criminal process, in which there is no mutual desire to achieve justice, cannot be used as the basis of the principle of criminal proceedings. The equality of the parties and the independence of the court are aimed at achieving justice in the criminal process, which should be considered as a system-forming principle for the elements that make up the construction of Article 15 of the Code of Criminal Procedure of the Russian Federation.
Keywords: competitiveness, justice, principles of criminal proceedings, civilizational approach, purpose of criminal proceedings, cultural and historical type.
Reference list
1. Bilyaev V. A., Klimovsky A. S. Competitiveness: the principle of criminal proceedings or a property that characterizes its ontological essence? // Criminal proceedings: procedural theory and forensic practice. [Electronic resource]: conference materials / Ed. ed. M. A. Mikhailov, E. A. Anufrieva, T. V. Omelchenko; Crimean Federal University named after V. I. Vernadsky, Crimean branch of the Russian State University of Justice, Sevastopol State University. – Electron. Dan. – Simferopol: IT “ARIAL”, 2022. – P. 28-29.
2. Bilyaev V. A., Klimovsky A. S. Decree Op. – P. 28.
3. Bilyaev V. A., Klimovsky A. S. Decree Op. – P. 29.
4. Bilyaev V. A., Klimovsky A. S. Decree Op. – P. 29.
5. Criminal procedure law of the Russian Federation: textbook / Ed. ed. P. A. Lupinskaya, L. A. Voskobitova. – 3rd ed., revised. and additional – M.: INFRA-M, 2013. – 1008 p., S. 207.
6. Decree of the Constitutional Court of the Russian Federation of January 27, 1993 No. 1-P “On the case of checking the constitutionality of the law enforcement practice of limiting the time of payment for forced absenteeism in case of illegal dismissal, established on the basis of the application of labor legislation and decisions of the Plenums of the Supreme Court of the USSR, the Supreme Court of the Russian Federation governing these issues. [Electronic resource] – Access mode: https://continent-online.com/Document/?doc_id=31305802#pos=0;0 (Date of access: 03/01/2023).
7. Civilizations: past and future: Textbook / B. N. Kuzyk, Yu. V. Yakovets., author. words to the reader V.M. Filippov. – M.: Institute of Economic Strategies, 2008. – P. 29.
8. Bilyaev V. A. Civilization approach as a necessary tool for the state policy of combating crime in Ukraine // Journal of Scientific and Pr.and investigative research. – 2013. – No. 10. – P. 35.
9. Bilyaev V. A. Civilization approach in the methodology of legal research in the sphere of state counteraction to crime in Ukraine // Scientific reviewer: scientific-analytical. magazine – 2013. – No. 11 (35). – P. 47.
10. Reeds V. Orthodox civilization. Historical roots and distinctive features. – M.: Publishing house of Nikita Mikhalkov “The Barber of Siberia”, 2004. – P. 93.
11. Bilyaev V.A. Civilization approach as a necessary toolkit… P. 34.
12. Reeds V. Decree. op. – S. 251-252.
13. Ryabtseva E. V. Activity and position of the court in adversarial criminal proceedings: author. dis. … cand. legal Sciences: 12.00.09. – Voronezh, 2005. – 24 p.
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
SAMORODSKIY Elisey Olegovich
cadet of the 3rd course of the Crimean branch of the Krasnodar University of the MIA of Russia
AUTO TECHNICAL EXAMINATION AND INVESTIGATORY EXPERIMENT ARE ESSENTIAL TOOLS OF THE INVESTIGATOR IN COLLECTING THE GROUNDS FOR INITIATING A CRIMINAL PROCEEDING ON THE SIGNS OF A CRIME PROVIDED BY ST. 264 OF THE CPC RF
In accordance with Part.2 Article. 140 of the Code of Criminal Procedure of the Russian Federation, the basis for initiating a criminal case is the availability of sufficient data indicating the signs of a crime. The concept of “crime” is given in Art. 14 of the CC of the Russian Federation. Based on this concept, the following signs of a crime are distinguished: act, public danger, guilt, wrongfulness, punishability. It is rather difficult to determine the signs of crimes related to violation of the rules of the road and the operation of vehicles. In addition, Part 2 of Art. 24 of the CCP directly instructs the law enforcement officer to refuse to initiate a criminal case in the absence of signs of a crime. Thus, in order to make a decision to initiate a criminal case, the investigator or interrogating officer needs to make sure that the act contains signs of a crime, namely: the fact of a violation of traffic rules and the operation of vehicles, a causal relationship between this violation and the consequences that have occurred, the presence of signs of the subject of the crime, the presence of guilt regarding the violation of the rules and the consequences. However, it is not easy to establish the fact of a violation by the driver of the Rules of the Road and the causal relationship between the violation and the consequences.
Keywords: autotechnical expertise, investigative experiment in case of an accident, establishment of a causal relationship in case of an accident.
Reference list
1. Veselov A. V. Dilemma: an investigative experiment – an additional inspection of the scene (on criminal cases related to violation of the Rules of the road and the operation of vehicles) // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 4 (36). – P. 202-206.
2. Medvedeva S. N. Peculiarities of establishing a cause-and-effect relationship in the investigation of road traffic accidents // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (42). – P. 75-78.
3. Murashev P. M. Methodological aspects of establishing the mechanism of an accident associated with a collision with a pedestrian // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 30-33.
4. Samoshina ZG Investigation of criminal violations of the rules of the road and the operation of vehicles // Criminalistics: textbook / Ed. ed. N. P. Yablokov. 2nd ed., revised. and additional – M.: Yurist, 2016. – P. 675-676.
5. Ulanova Yu. Yu. Mistakes in establishing a causal relationship in cases of road accidents // Criminal process. – 2020. – No. 2 (182). – P. 60-67.
6. Uryvkova A.E. Some problems of legal regulation of procedural deadlines at the stage of initiating a criminal case // Bulletin of the Volga University. V. N. Tatishcheva. – 2021. – V. 2. No. 4 (100). – S. 120-133.
7. Shelikhov S. G. Features of initiating a criminal case on a road traffic crime // Gaps in Russian legislation. – M.: Media-VAK, 2011. – No. 6. – P. 237-239.
8. Road traffic accidents in the Russian Federation for 9 months of 2022. Information-analytical review. – M .: FKU “NTs BDD of the Ministry of Internal Affairs of Russia”. 2022. – S. 4-5.
CRIMINAL PROCEDURE
GERASENKOV Vadim Mikhaylovich
Ph.D. in Law, senior lecturer of Criminal law disciplines sub-faculty of the Academician I. G. Petrovsky Bryansk State University
ISSUES OF RECLASSIFICATION OF CRIMES AT THE STAGE OF PRELIMINARY INVESTIGATION
This article discusses the issue of the need to introduce a new procedural document into the criminal procedural legislation, which should be called a resolution on the re-qualification of an act. In the process of investigating crimes in criminal proceedings, new factual circumstances may be established, which will be the basis for the reclassification of the committed crime. The question of the correct qualification of crimes underlies all criminal proceedings, is one of the key ones, since the correct qualification of the deed underlies the adoption of lawful and reasonable procedural decisions and the issuance of a lawful, reasonable and fair sentence, which will ultimately contribute to the achievement of the goals of justice in general. Therefore, such an important fact in a criminal case as the reclassification of a crime should be recorded in the relevant procedural document, which should indicate the specific factual circumstances that served as the basis for making this decision on the reclassification of the crime, as well as evidence confirming this fact. The specified procedural document must be a resolution on the re-qualification of the act.
Keywords: decision on reclassification of the act circumstances, preliminary investigation, initiation of a criminal case, factual of the criminal case, signs of corpus delicti, correct qualification of the committed crime, criminal case.
Reference list
1. Kashepov V.P. Requalification of criminal acts when changing the criminal law // Journal of Russian law. – 2014. – № 4. – P. 5-12.
2. Kudryavtsev VN General theory of qualification of crimes. – M, 1972. – 352 p.
CRIMINAL PROCEDURE
EMELYANOVA Nadezhda Yurjevna
Moscow University of the V.Ya. Kikot MIA of Russia
RAKHMONBERDIEV Bobirkhon Bahodir ugli
Moscow University of the V.Ya. Kikot MIA of Russia
THE HISTORY OF THE FORMATION OF THE PROCEDURAL STATUS OF THE INVESTIGATOR IN RUSSIA
This article is dedicated to a historical excursus of the formation of the procedural status of the investigator in Russia. The author carries out the analysis of stages of development of this profession, since its origin in the 18th century and up to modern revival of interest to it. Particular attention is paid to the role of investigators in the law enforcement system, their relationship with the court and society, as well as the process of adoption and amendment of legislative norms regulating the activities of these professionals. As a result, the author concludes that the creation of appropriate legislation and improvement of professional level of investigators are necessary conditions for effective investigation of crimes and ensuring justice in the judicial process.
Keywords: criminal process, investigator, status, prosecutor, independence.
Reference list
1. Tsvetkov Yu. A. Historical stages in the development of preliminary investigation bodies in Russia // History of State and Law. 2015. No. 3. P. 33
2. Ibid. 34 p.
3. Decree of the Government of the Russian Federation of August 27, 2013 No. 741 “On the Day of the Investigator of the Russian Federation” // “Collection of Legislation of the Russian Federation”, 02.09.2013, No. 35, art. 4526
4. Serov D. O., Fedorov A. V. Investigation under Peter I: the formation of “major’s” offices and the emergence of the preliminary investigation stage // Russian investigator. 2017. No. 8. P. 54.
5. Monuments of Russian law: educational and scientific manual / Ed. R. L. Khachaturova. M.: Yurlitinform, 2015. T. 7. S. 294.
6. Sheifer S. A. Pre-trial proceedings in Russia: stages of development of the investigative, judicial and prosecutorial authorities. M.: Norma, 2017. P. 101.
7. Kutafin O. E., Lebedev V. M., Semigin G. Yu. Judicial power in Russia: history, documents. M.: Thought, 2013. T. 4. S. 133.
8. Smirnov A. V. Investigator in the criminal process of Soviet Russia in 1917-1928. // Collection of articles on the history of the investigating authorities / Ed. ed. A.I. Bastrykin; ed. D. O. Serova. M.: SK of Russia, 2015.S. 22.
9. Tsvetkov Yu. A. Stages of development of the bodies of preliminary investigation in Russia // History of State and Law. 2019. No. 7. S. 56.
Bibliographic list of articles
1. Tsvetkov Yu. A. Historical Stages in the Development of Preliminary Investigation Bodies in Russia // History of State and Law. 2015. No. 3. P. 33
2. Ibid. 34 p.
3. Decree of the Government of the Russian Federation of August 27, 2013 No. 741 “On the Day of the Investigator of the Russian Federation” // “Collection of Legislation of the Russian Federation”, 02.09.2013, No. 35, art. 4526
4. Serov D. O., Fedorov A. V. Investigation under Peter I: the formation of “major’s” offices and the emergence of the stage of preliminary investigation // Russian investigator. 2017. No. 8. P. 54.
5. Monuments of Russian law: educational and scientific manual / Ed. R. L. Khachaturov. M.: Yurlitinform, 2015. T. 7. P. 294.
6. Sheifer S. A. Pre-trial proceedings in Russia: stages of development of the investigative, judicial and prosecutorial authorities. M.: Norma, 2017. P. 101.
7. Kutafin O. E., Lebedev V. M., Semigin G. Yu. Judicial power in Russia: history, documents. M.: Thought, 2013. T. 4. P. 133.
8. Smirnov A. V. Investigator in the criminal process of Soviet Russia in 1917-1928. // Collection of articles on the history of the investigating authorities / Ed. ed. A. I. Bastrykin; ed. BEFORE. Serov. M.: SK of Russia, 2015. P. 22.
9. Tsvetkov Yu. A. Stages of development of preliminary investigation bodies in Russia // History of State and Law. 2019. No. 7. P. 56.
CRIMINAL PROCEDURE
KRASHENNIKOVA Tatyana Vasiljevna,
Ph.D. in economical sciences, master of the South Russian Institute of Management of the RANEPA under the President of the Russian federation, Rostov-on-Don, member of the Election Commission of the Rostov region, assistant to the Deputy of the State Duma of the Russian Federation
KOBLEVA Mariya Mukhadinovna
Ph.D. in Law, associate professor, associate professor of Criminal process law sub-faculty of the Rostov branch of the Russian State University of Justice
On the issue of involving a member of the election commission with the right to vote as an accused
TO THE QUESTION OF INVOLVING THE MEMBER OF THE ELECTION COMMISSION WITH THE RIGHT OF THE DECISIVE VOTE AS THE ACCUSED MEMBER
The purpose of this article is to consider the legal status of a member of the election commission with the right to vote and the issues of bringing him as an accused. For the purposes of this article, the following tasks are set: determining the features of the legal status of voting members of election commissions, considering the norms of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” and the Criminal Procedure Code of the Russian Federation, identifying gaps in legislation, as well as putting forward proposals for their improvement.
Keywords: member of the election commission with the right to vote, suffrage, involvement as an accused, initiation of a criminal case, legal status, guarantees of voting rights.
Reference list
1. The Constitution of the Russian Federation (adopted at a national vote on December 12, 1993) (as amended during a national vote on July 1, 2020) // “Rossiyskaya Gazeta” dated December 25, 1993 – No. 237.
2. Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” // Rossiyskaya Gazeta of June 15, 2002 – No. 106.
3. Ruling of the Constitutional Court of the Russian Federation No. 1030-О-О dated November 12, 2008 “On the refusal to accept for consideration the complaint of citizen Alexander Nikolaevich Pivovarov about the violation of his constitutional rights by Article 235 and part seven of Article 236 of the Code of Criminal Procedure of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_86040/
CRIMINAL PROCEDURE
SAAKYAN Artem Grigorjevich
Ph.D. in Law, associate professor, Deputy Head of Criminalistics sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
TRIFONOVA Kristina Alexeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Training and Scientific Complex of the Preliminary Investigation in the Law-enforcement Bodies of the Volgograd Academy of the MIA of Russia
DOLGACHEVA Oxana Igorevna
Ph.D. in Law, associate professor, Head of Criminal process sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
THE STATE OF HEALTH OF THE SUSPECT OR THE ACCUSED AS A CIRCUMSTANCE TAKEN INTO ACCOUNT WHEN CHOOSING A MEASURE OF RESTRAINT IN THE FORM OF DETENTION
The article deals with the problematic aspects of the chosen preventive measure in the form of detention in the context of identifying the danger of taking into account the state of health caused by suspicion or accusation. It is indicated that the only way to confirm that a person has serious illenss which prevents him from being kept in a pre-trial detention center, is a medical examination. The need to develop a mechanism for making decisions on preventive measures is noted.
Keywords: health care, medical care, serious illness, medical examination, suspect, accused, detention.
Pristasecret bibliography
1. Tokareva E. V., Khorsheva V. S. Procedural features of choosing a measure of restraint in the form of house arrest in modern conditions // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P. 95-98.
2. Shigurov A. V. Problems of protecting the rights of suspects (accused) with serious illnesses that prevent detention // Science and Modernity. – 2014. – No. 32-2. – P. 174-178.
3. The Supreme Court proposed to expand the scope of application of preventive measures not related to detention. [Electronic resource]. – Access mode: https://www.vsrf.ru/press_center/news/32332/ (date of access: 04/16/2023).
CRIMINAL PROCEDURE
SAMOYLOVA Zhanna Vladimirovna
Ph.D. in Law, Associate Professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
ON THE STRUCTURE OF A CIVIL CLAIM IN THE RUSSIAN CRIMINAL PROCESS
The article considers the legal structure of a civil claim in criminal proceedings. The author examines the internal structure of a civil claim in the Russian criminal process. Such elements of a civil claim as the subject and the basis are analyzed. The features of the procedural status of the parties to the civil claim – the civil plaintiff and the civil defendant are called. Gaps and contradictions of the legislative framework regulating the rights and obligations of a civil plaintiff in a criminal case are noted in order to successfully consider a civil claim on the merits in a criminal case.
Keywords: the structure of the claim, the subject of the claim, the basis of the claim, the parties to the claim.
Reference list
1. Nikolaychenko O. V. Civil lawsuit in criminal proceedings in the aspect of interbranch prejudice // All-Russian criminological journal. 2019. No. 2 (Vol. 13). P. 289.
2. Nenashev M. M. Claim and its elements. M.: Publishing solutions, 2018. 214 p.
3. Litvintseva N. Yu. Actual problems of the procedural status of legal representatives of a minor suspect and accused // Siberian criminal procedure and forensic readings. 2017. No. 4. P. 74.
4. Andreeva O. I., Zaitsev O. A., Kudryavtseva A. V. The impact of COVID-19 on the exercise of constitutional rights and freedoms of participants in criminal proceedings // All-Russian Criminological Journal. 2020. No. 5 (Vol. 114). S. 794.
CRIMINAL PROCEDURE
SMOLINA Mariya Mikhaylovna
Ph.D. in Law, senior lecturer of Criminal law and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
DAVIDENKO Anastasia Dmitrievna
student of the Crimean branch of the Krasnodar University of the MIA of Russia
PROBLEMATIC ASPECTS OF THE PROCEDURE FOR DETERMINING THE AMOUNT AND TIMING OF PAYMENT OF A COURT FINE
The article considers the institution of exemption from criminal liability with the imposition of a court fine as a measure of a criminal nature. In particular, the discussion issues related to determining the amount and timing of payment of a court fine are considered. The analysis made it possible to identify gaps in the current legislation in the area under study and identify areas for improvement.
Keywords: court fine, exemption from criminal liability, the amount of the court fine, the term of payment of the court fine, the court.
Reference list
1. Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996 (as amended). [Electronic resource]. – Access mode: https://base.garant.ru/10108000/ (date of access: 03.03.2023).
2. Federal Law No. 323-FZ of July 3, 2016 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation on Improving the Grounds and Procedure for Exemption from Criminal Liability”. [Electronic resource]. – Access mode: https://base.garant.ru/71435376/ (date of access: 03.03.2023).
3. Decree of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability” (as amended). [Electronic resource]. – Access mode: https://base.garant.ru/70404388/ (date of access: 03.03.2023).
4. Appeal ruling of the Moscow Regional Court No. 22-7391/2016 of October 20, 2016 in case No. 22-7391/2016 [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/mxL1Oj1yOr52/ (date of access: 03.03.2023).
5. Resolution of the Sibay City Court of the Republic of Bashkortostan No. 1-153/2017 dated July 10, 2017 in case No. 1-153/2017. [Electronic resource]. – diraccess to them: https://sudact.ru/regular/doc/SKmlTYICdWmx/ (date of access: 03.03.2023).
6. Batyutina T. Yu., Pchenushai K. A. Exemption from criminal liability with the appointment of a judicial fine: legislative and law enforcement aspects // Humanitarian, socio-economic and social sciences. – 2020. – No. 11-2. – P. 28-34.
7. Djijavadze L. G. Problematic issues of imposing a judicial fine in criminal proceedings // Issues of Russian justice. – 2020. – No. 8. – P. 407-414.
8. Lutsenko N. S. Judicial penalty: essence and goals // Law and state: theory and practice. – 2019. – No. 6 (174). – P. 105-108.
9. Review of the judicial practice of exemption from criminal liability with the appointment of a judicial fine (Article 76.2 of the Criminal Code of the Russian Federation): approved. Presidium of the Supreme Court of the Russian Federation on July 10, 2019 [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/all/28088/ (date of access: 03.03.2023).
10. Soktoev ZB Problems of the application of the norms of the judicial fine // Criminal law. – 2017. – No. 1. – P. 90-94.
11. The state of crime // Official website of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/reports (date of access: 24.02.2023).
12. Stenyushkina Ya. R. Problems of determining the amount and timing of payment of a court fine // Ogaryov-Online. – 2020. – No. 14 (151). – P. 8.
13. Fisenko D. Yu. Judicial penalty: problems of legal regulation and practice of application // Legislation and practice. – 2017. – No. 2. – S. 41-45.
CRIMINAL PROCEDURE
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
OBSERVANCE OF THE RIGHTS AND FREEDOMS OF CITIZENS IN PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES
The article deals with the most urgent and urgent issues on the observance of the rights and legitimate interests of citizens in pre-trial proceedings in criminal cases. All rights and freedoms are systematized norms of legislation, the properties of which express the will and are integral and necessary ways and conditions of her life, her relationships with society, the state, with other citizens. The article identifies the most significant moments of the emergence of procedural relationships, the realization of the rights and freedoms of citizens at the stage of pre-trial proceedings.
Keywords: rights and freedoms of citizens, pre-trial proceedings, criminal proceedings, stages of criminal proceedings, victim, corpus delicti, criminal case.
Reference 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 dated July 01, 2020 No. 1-FKZ / Collected. legislation Ros. Federation. – 2020. – No. 1. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 05.05.2023).
2. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ: adopted by the State. Duma Feder. Sobr. Ros. Federation November 22, 2001: approved by the Federation Council Feder. Sobr. Ros. Federation December 5, 2001 [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 05.05.2023).
3. Grinenko A. V. Criminal process: textbook and workshop for universities – 8th ed. – M .: Yurait Publishing House, 2022. – 364 p. [Electronic resource]. – Access mode: https://urait.ru/bcode/497987 (date of access: 05/07/2023).
CRIMINAL PROCEDURE
GLIMEYDA Vitaliy Vitaljevich
lecturer of Criminal process sub-faculty of the Kuban State University
PROBLEMS OF ENSURING THE RIGHTS OF PARTICIPANTS IN THE PRODUCTION OF INVESTIGATIVE ACTIONS IN THE VIDEO CONFERENCING MODE
The article discusses the features of investigative actions using video conferencing, which cause problems of ensuring the rights of participants. In this regard, it is proposed to unify the procedure for using video conferencing in investigative actions, with an emphasis on the rights of participants. The need to supplement Part 6 of Article 164 of the Code of Criminal Procedure of the Russian Federation with a prescription on notification of participants in an investigative action about their right to remote participation using video conferencing and to provide a new Article 164.2 “Features of remote production of investigative actions” in the Code of Criminal Procedure of the Russian Federation is justified.
Keywords: video conferencing, investigative actions, rights of participants.
Reference list
1. Bodyakov V. N., Morozov R. M. Topical issues of introducing the institute for the production of individual investigationsth actions carried out remotely using video conferencing in places of deprivation of liberty // Bulletin of the Kuzbass Institute. 2021. No. 2 (47). pp. 115-131.
2. Gladysheva O. V. Digitalization of criminal proceedings and problems of ensuring the rights of its participants // Legal Bulletin of the Kuban State University. 2019. No. 1. P. 31-34.
3. Glimeida V. V. Video conferencing as a condition for the effectiveness of investigative actions // Actual problems of judicial, law enforcement, human rights, criminal procedure and national security: materials of the Intern. scientific-practical. Conf., dedicated to the 50th anniversary of the formation of the Department of Criminal Procedure. Krasnodar: Kuban state. un-t, 2022. At 2 o’clock. Part 1. S. 97-107.
4. Kiseleva K. A., Zykov D. A. Topical issues of using videoconferencing during interrogation // StudNet. 2022. V. 5. No. 4. S. 2789-2796.
5. Malysheva O. A. Procedural guarantees of the rights of participants in investigative actions performed using a videoconferencing system // LexRussica. 2022. No. 6 (187). pp. 74-84.
6. Plahota K. S. The use of video-conferencing by the investigator (interrogating officer) in the course of investigative actions. Izvestiya TulGU. Economic and legal sciences. 2022. No. 1. P. 98-105.
7. Pobedkin A. V. Production of investigative actions using videoconferencing systems in pre-trial proceedings: the framework of procedural guarantees // Bulletin of the UYUI. 2022. No. 1 (95). pp. 77-84.
8. Ponomarenko Yu. N. Features of interrogation, confrontation, identification by using videoconferencing systems: current problems and ways to solve them. Vestnik nauki. 2022. No. 6 (51). pp. 257-263.
9. Ramaldanov Kh. Kh. Digital evidence obtained by using videoconferencing systems // Actual problems of Russian law. 2022. No. 11 (144). pp. 124-131.
10. Rosovskaya E. V. Influence of the use of videoconferencing during the interrogation of a witness on the reliability of his testimony // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2022. No. 4 (63). pp. 59-64.
11. Sementsov V. A. Digitalization of domestic criminal justice: an evolutionary approach // Legal Bulletin of the Kuban State University. 2019. No. 3. S. 24-28.
CRIMINAL PROCEDURE
MELODIEV Alexey Alexandrovich
postgraduate student of the 4th course of the University of the Prosecutor’s Office of the Russian Federation
THE CONCEPT, PURPOSE AND CLASSIFICATION OF PREVENTIVE MEASURES
The article discusses the main provisions, essence and features of criminal procedural measures of restraint, including the legislative gaps of this institution, which are reflected both in theoretical and practical activities. The author shows that in order to improve the institution of criminal procedural measures of restraint, it is necessary to develop a clear legal basis for its application in the current criminal procedure legislation of Russia, namely, to include the concept of preventive measures in the Code of Criminal Procedure of the Russian Federation, to remove from the law an indication of the fact that in relation to a suspect a measure of restraint may be chosen only in exceptional cases, to properly ensure the rights of the suspect, and so on.
Keywords: preventive measures, criminal procedure institute, criminal procedure legislation, classification, coercive measures.
Reference list
1. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ // Rossiyskaya Gazeta dated December 22, 2001 No. 249.
2. Buryakov A. D. Measures of restraint in the Soviet criminal process: Abstract of the thesis. … cand. legal Sciences. – M., 1967. – S. 13.
3. Golovko L. V. The need to apply organizational measures to overcome negative trends in the development of criminal and criminal procedure legislation // Law. – 2012. – No. 9. – P. 70.
4. Muravyov K. V. Optimization of legislation on preventive measures // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (81). – P. 53.
5. Petrukhin I. L. Inviolability of the person and coercion in the criminal process. – M., 1989. – P. 105.
6. Ryzhakov A. P. Criminal process: a textbook for universities. – M .: Publishing House Delo and Service, 2011. – P. 98.
CRIMINAL AND EXECUTIVE LAW
BEVZ Leonid Vladimirovich
senior lecturer of Mobilization and tactical-special training sub-faculty of the Academy of the FPS of Russia
ON THE ISSUE OF PREVENTION OF ESCAPE ACTIVITY OF CONVICTS FROM PLACES OF DEPRIVATION OF LIBERTY
The author in the article considered the organizational and managerial mechanism for the prevention of escapes from supervision, analyzed the results of a comprehensiveinterstate operational and preventive measure under the conditional name “Search”. The main causes and conditions conducive to convicts escaping from supervision are revealed, areas for the prevention of escape activity of convicts in their places of deprivation of liberty are identified.
Keywords: means of correction, escape, operational and preventive measures, the identity of the convicted person, correctional institution, the established procedure for serving a sentence.
Reference list
1. Gorkina S. A. On the issue of educational impact on convicts in places of deprivation of liberty // Organizational and legal support for the activities of institutions and bodies of the Federal Penitentiary Service of Russia: problems and development prospects: materials of the interuniversity scientific and practical conference dedicated to the memory of the Honored Scientist of the RSFSR, Doctor of Law Sciences, Professor A. I. Zubkov, Day of Russian Science, the 140th anniversary of the penitentiary system and the 85th anniversary of the Academy of the Federal Penitentiary Service of Russia, Ryazan, February 08, 2019. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2019. – P. 49-52.
2. Minkova E. A., Gorkina S. A. Organizational and managerial factors that determine violent crime in correctional colonies // Eurasian legal journal. – 2017. – No. 3 (106). – S. 226-227.
CRIMINAL AND EXECUTIVE LAW
EPIFANOV Oleg Stanislavovich
Ph.D. in Law, associate professor, associate professor of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
KOSHELUK Bogdan Evgenjevich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for the Training of State and Municipal Employees of the Academy of the FPS of Russia
ON ENSURING THE SAFETY OF STAFF OF CORRECTIONAL INSTITUTIONS AND MEASURES TO INCREASE IT
The article examines the issues of ensuring the safety of employees of correctional institutions and measures to improve it, such as prophylactic registration of convicts prone to assaulting employees; improving the organization of various forms of supervision of convicts; improving the use of physical force and special means by employees in the suppression of attacks by convicts, the use of certain types of technical means of supervision and control to ensure the safety of employees of correctional institutions.
Keywords: security, employee, correctional institution, organization of supervision, convict.
Reference list
1. Epifanov S. S. Legal regulation and organization of the use of special equipment in the penitentiary system in order to prevent offenses. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2010. – 269 p.
2. Epifanov O. S. Regulation of the use of special equipment for convicts and persons held in custody in international standards and Russian penal legislation // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia / Editor-in-Chief A. A. Votinov. Volume Issue 3. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2015. – P. 100-105.
3. Commentary on the Standard Minimum Rules for the Treatment of Prisoners / Ed. ed. Yu. I. Kalinina; scientific ed. A. Ya. Grishko. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2005. – 212 p.
4. Scientific and practical commentary to the Federal Law “On operational-search activity” (item-by-article) / K. K. Goryainov, S. S. Epifanov, A. N. Zhuravlev [and others]. – Moscow: Limited Liability Company “Prospect”, 2023. – 128 p.
5. Panarin D. A., Suntsov A. E. Legislative regulation of the use of physical force by employees of the penitentiary system and the circulation of special means and firearms: study guide. allowance. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2009. – Book. 29. – 36 p.
CRIMINAL AND EXECUTIVE LAW
MARCHENKO Dmitriy Eduardovich
Ph.D. in Law, associate professor, associate professor of Management sub-faculty of the Samara State University of Railways, retired colonel of the internal service
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
ON THE ISSUE OF CLASSIFICATION OF LEGAL ACTS OF THE FEDERAL PENITENTIARY SERVICE
In the educational literature, there is actually no classification of acts of the Federal Penitentiary Service. The authors consider the types according to their form, levels of departmental management, duration and purpose. The article describes the main forms of legal acts of the Federal Penitentiary Service. Many acts issued by the heads of the Federal Penitentiary Service are normative, but due to departmental rules they cannot be considered as such. Officially, regulations of the Federal Penitentiary Service of Russia are issued only by orders of the director. The authors question this fact.
Keywords: Regulatory legal act, individual legal act, order, order, execution of criminal penalties, management levels, normative activity, regulations, rules, regulations, classification of legal acts.
Reference list
1. Ponikarov V. S. Forms and acts of compliance, execution, use and application of legal norms in the administrative activities of employees of the penal system // Bulletin of the penal system. – 2015. – № 4.
2. Odinokova E. A. Departmental legal acts: legal force and problems of systematization // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2011. – No. 2 (50).
3. Malysheva M.V. Legal and normative nature of acts of bodies and institutions of the penal system // Bulletin of the Kuzbass Institute of the Federal Penitentiary Service of Russia. – 2022. – № 12.
CRIMINAL AND EXECUTIVE LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher 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 the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
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»
PSYCHOLOGICAL SUPPORT OF MINORS CONVICTED IN EDUCATIONAL COLONIES
Juvenile delinquency is a significant problem in various countries of the world. In turn, this requires the organization of a system of upbringing and re-socialization of juvenile convicts, which includes numerous aspects, including psychological support. This article examines the analysis of theoretical and practical works that were aimed at studying the issue of psychological support of juvenile convicts in educational colonies.
Keywords: juvenile convicts, psychological support, educational colony, socio-psychological adaptation, penal system.
Reference list
1. Polyakova Ya. N., Lobacheva L. P. Psychological characteristics of employees working with juvenile convicts held in educational colonies // Scientific support of psychological, pedagogical and social work in the penitentiary system: Collection of materials of the All-Russian Scientific and Practical Conference, dedicated to the 25th anniversary of the formation of the psychological service of the penitentiary system, Ryazan, March 31, 2017 / Under the general editorship of D.V. Sochivko. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2017. – P. 213-220.
2. Pavlova L. V. Neglect and homelessness of a minor as determinants of delinquent behavior // Organizational and legal support for the activities of penitentiary inspectorates at the present stage: a collection of materials from a correspondence round table, Moscow, June 26, 2020. – Moscow: Federal State Institution “Research Institute of Information Technologies of the Federal Penitentiary Service”, 2020. – P. 167-170.
3. Pirozhkov VF Psychological foundations for the re-education of convicts in educational labor colonies. – M.: Prospekt, 2013. – S. 174-180.
4. Zorina N. S. Aspects of the formation of the moral stability of convicted juveniles in the process of educational activity // Law and Law. – 2022. – No. 11. – P. 163-165.
5. “The Penitentiary Code of the Russian Federation” Access from reference. – legal system “ConsultantPlus”.
CRIMINAL AND EXECUTIVE LAW
PASHKOVA Ekaterina Nikolaevna
adjunct of the Faculty of Preparation of Scientific and Pedagogical Staff of the Academy of the FPS of Russia
GENESIS OF CONTROL OVER PAROLEES
The article deals with the historical aspect of control over parole convicts. The author analyzes in detail the legal framework of different historical periods. At each stage, the importance of control over parolees is emphasized, the subject composition is indicated, and the range of duties subject to control is determined. In the process of retrospective analysis, the author’sclassification of the development of control over paroled convicts is proposed.
Keywords: penal law, parole, convict, control over parolees.
Reference list
1. Mikhlin A. S. Problems of early release from punishment. – M., 1982. – P. 66.
2. Malin A.P. Criminal law and penitentiary problems of parole from serving a sentence of imprisonment. – Krasnodar: Krasnodar Law Institute of the Ministry of Internal Affairs of Russia. – 2001. – P. 6.
3. Collection of Codes and Orders of the Government of 1909. – No. 126. – Art. 1216.
4. Babayan S. L., Garibyan K. K. The history of the development of the institution of parole in Russia // Penitentiary science. – 2020. – No. 1 (64). – P. 38-43.
5. Code of Laws of the Russian Empire. – T. 14. – 863 p.
6. Lyublinsky P. I. The main features of parole under the Law of June 22, 1909. – Moscow: typolithography of Vladimir Chicherin, 1910. – 48 p.
7. Kuznetsova N. F. Crime and crime. – M., 1969. – 232 p.
8. History of Stalin’s Gulag. The end of the 1920s – the first half of the 1950s: Collection of documents in 7 volumes. T. 6. Uprisings, riots and prisoner strikes. – M.: ROSSPEN, 2004. – 736 p.
9. Shmarov IV Prevention of crimes among those released from punishment. – M.: Legal literature, 1974.
10. Guskov VI Socio-legal issues of prevention of recidivism. – Ryazan, 1975. – 174 p.
CRIMINAL AND EXECUTIVE LAW
KURLYSHEV Andrey Olegovich
magister student of the 1st course of the Far Eastern Federal University, Vladivostok
SHAGVALEEVA Valeriya Yurjevna
bachelor of the Far Eastern Federal University, Vladivostok
MEDICAL AND SOCIAL PROBLEMS OF DETENTION IN PENITENTIARY INSTITUTIONS OF THE RUSSIAN FEDERATION
Every year, thousands of suspects, accused and convicted die behind bars. Most – from various cardiovascular, oncological diseases, HIV. The death rate in Russian penitentiary institutions is twice the median for the member countries of the Council of Europe. This article analyzes the problems of detention in penitentiary institutions of the Russian Federation and suggests ways to solve it.
Keywords: penitentiary institutions, pre-trial detention center, colonies, prisoners, medical care in correctional institutions, medical services of the penitentiary system.
Reference list
1. Ilyintsev E. V., Kononets A. S., Kuznetsova A. S., Larionova I. I. The state of health of persons in penitentiary institutions: history and modernity // Problems of standardization in health care. – 2021. – No. 3–4. – P. 32-39.
2. Nistratova I. S. Problems of medical support for convicts sentenced to deprivation of liberty, patients with socially significant diseases // Yurist – Pravoved. – 2016. – No. 5 (78). – pp. 114-119.
CRIMINALISTICS
NAKHAPETYAN Minas Gevorgovich
adjunct of the 1st course of Criminalistics sub-faculty of the East Siberian Institute of the MIA of Russia
FEATURES OF USE OF SPECIAL KNOWLEDGE IN THE INVESTIGATION OF THEFT AND THEFT OF CARS
The article discusses the content, features, the problem of efficiency, systemic and situational approaches to the use of special knowledge in the investigation of theft and theft of vehicles in modern Russia, taking into account their contradictory dynamics and statistics.
The growth of the demand for special knowledge against the background of improving the technical and other special skills of criminals is shown. A systematic approach to special knowledge is substantiated, applicable and applicable to certain, specific investigative situations. A critical assessment of the argumentation of the situational approach is given.
The continuity of understanding the essence and content of special knowledge from the Soviet period is shown, the list of operational-search activities is thinned, within which the need to attract specialists is seen. The features of the application of special knowledge are systematized.
Keywords: theft, theft of vehicles, special knowledge, expertise, specialist, expert.
Reference list
1. Gainelzyanova V. R. The use of special knowledge in the investigation of crimes related to violation of traffic rules and operation of vehicles: diss. … cand. legal Sciences. – Chelyabinsk, 2012. – 189 p.
2. Gribunov O. P. The use of special knowledge in the detection of theft of vehicles // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (90). – P. 125-132.
3. Gusev A. V. The concept of formationsof special forensic knowledge and the mechanism for their implementation outside the forensic activities of criminal proceedings: legal, theoretical, methodological and applied aspects). – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2013. – 495 p.
4. Zaitsev R. V. The use of special knowledge in the investigation of crimes related to the theft of vehicles // Forensic examination. – 2006. – No. 4 (8). – P. 12-17.
5. Isaeva L. M. Theoretical foundations for the use of special knowledge in criminal proceedings // Forensic Readings: Sat. scientific Art. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2005. – S. 75-78.
6. Korotyanets Ya. N. Tactical operations to search for stolen and stolen vehicles: dis. … cand. legal Sciences. – M.: YuI MVD of Russia, 2013. – 180 p.
7. Plotnikov A. S. Situational approach and methodology of social and humanitarian knowledge // Values and meanings. – 2017. – No. 1. – P. 100-111.
8. “You need to react immediately”: the traffic police named the number of car thefts since the beginning of the year // Autonews. – 2023. – December 13. [Electronic resource]. – Access mode: https://www.autonews.ru/news/639741449a79479be2aaa7d3.
9. Sokolovsky ZI The concept of special knowledge // Forensic science and forensics. – 1969. – № 6.
10. Trapeznikova I. I. Special knowledge in the criminal process of Russia. – Chelyabinsk, 2006. – S. 27.
11. Finogenov VF Theoretical and practical problems of the search for stolen, stolen and fled the scene of vehicles: author. dis. … cand. legal Sciences. – Saratov, 2007. – 23 p.
CRIMINALISTICS
AKBAROV Ilnar Irekovich
magister student of Criminal law and process sub-faculty of the Institute of Law of the Ufa University of Science and Technology
GALYAUTDINOV Rushan Radikovich
Ph.D. in Law, assistant of Criminalistics sub-faculty of the Institute of Law of the Ufa University of Science and Technology
EVALUATION OF THE CONCLUSION OF A SPECIALIST IN ECONOMIC CRIMES
The article deals with issues related to the assessment of the conclusion of a specialist in economic crimes. The procedural status of a specialist as a participant in criminal proceedings is studied. The analysis of criminal procedural norms, the practice of the highest court is carried out, the specificity and problems of the legal regulation of the issues under consideration are revealed. Legislative gaps are identified and recommendations are made to fill them. An analysis of law enforcement practice and the norms of criminal procedural legislation indicates that there is a problem of accepting the conclusion of a specialist as a type of evidence by the court. The specialist acts as an important subject of legal relations, which can ensure the implementation of the principle of competitiveness of the parties, equal observance of rights and guarantee a fair court decision. The status of a specialist should be clearly indicated in the Code of Criminal Procedure of the Russian Federation, as well as the procedural rules that resolve the problem of accepting a specialist’s opinion as significant evidence by the court.
Keywords: expert opinion, specialist, economic crimes, criminal proceedings, assessment, special knowledge, proof.
Reference list
1. Anesheva A. T. Situations of obtaining the opinion of a specialist and testimony of a specialist // Society and Law. – 2022. – No. 4 (82).
2. Golovko L. V. The course of the criminal process. – M.: Statut, 2021.
3. Grigoriev V.P. Features of attracting a specialist to participate in investigative actions // Bulletin of the Vladimir State University. – 2015. – № 6.
4. Dyagtereva N. I. On some directions of improving the legislation on liability for crimes against justice related to the concealment and falsification of evidence. Russian investigator. – 2009. – № 22.
5. Zaitseva E. A. Tactical aspects of interrogation of a specialist in court // News of the Tula State University. – 2016. – No. 2-3.
6. Lazareva L. V. Interrogation of a specialist in criminal proceedings: legislative regulation is necessary // Russian justice. – 2009. – № 3.
7. Ovsyannikov I. V. Discussions about the conclusion of a specialist for 10 years // Legitimacy. – 2015. – № 2.
8. Rossinsky S. B., Rasulova N. S. Expert opinion and expert opinion as a means of proof in criminal proceedings: what are the criteria for their differentiation? // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (34).
9. Stukalin I. V. On the issue of individual rights and obligations of a specialist and expert // Collection of materials of forensic readings. – 2018. – No. 15.
10. Tarasov A. . Expert and specialist in criminal procedure. – M., 2017.
11. Yargutova V. Yu. Participation specialistand in the formation of evidence in criminal cases on crimes in the field of economic activity: theoretical and applied aspects. – Dis. … cand. legal Sciences. – N. Novgorod, 2020.
CRIMINALISTICS
ISHBULATOV Ilgam Ilshatovich
magister student of the 1st course of the full-time education of the Ufa University of Science and Technology
GALYAUTDINOV Rushan Radikovich
assistant of Criminalistics sub-faculty of the Ufa University of Science and Technology
TACTICS OF PREPARATION OF THE PUBLIC PROSECUTOR FOR THE CRIMINAL PROCEEDINGS OF THE FIRST INSTANCE
In this research paper, the question of the need for a deep level of knowledge in the field of criminology science to the staff of the prosecutor’s office, its practical application in the study of the materials of the criminal case received from the investigator and inquirer with an indictment, act or resolution is considered. The authors, based on the study of legislation, judicial practice and statistics, as well as scientific papers, argue in favor of increasing the effectiveness of criminal prosecution using forensic tactics and techniques. Also in this paper, the authors consider the issue of tactical planning in the preparation of the public prosecutor to participate in the court of first instance.
Keywords: prosecutor, public prosecutor, forensic tactics, forensic methodology, indictment, indictment, indictment, inquiry, investigation, preliminary investigation bodies, criminal proceedings, tactical planning, tactical forecasting.
Reference list
1. Shadrin V. S. Anniversary conference – a milestone in the development of the Institute and criminalistics // Criminalist. – 2011. – No. 2 (9). – P. 5. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=26112192 (date of access: 03/26/2023).
2. Isaenko VN Forensic training of prosecutors involved in criminal proceedings // Legitimacy. – 2011. – No. 6. – P. 4. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=16538155 (date of access: 03/26/2023).
3. Ganicheva E., Serova E. Preparation of the public prosecutor for the trial // Legality. – 2007. – No. 3. – P. 17. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=12897599 (date of access: 03/26/2023).
4. A guide for public prosecutors: a forensic aspect of activity / Ed. O. N. Korshunova. – St. Petersburg: Publishing House “Legal Center Press”, 2003. – P. 88.
5. Maintaining public prosecution in court: a manual / [Coll. ed. M. P. Malyarov, L. E. Arotsker, Yu. V. Korenevsky and others,] / Ed. M. P. Malyarova. – M.: Yurid. lit., 1970. – S. 24.
CRIMINALISTICS
KUSTOVA Nadezhda Konstantinovna
Ph.D. in Law, senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE PRODUCTION OF A PORTRAIT EXAMINATION ON PHOTO AND VIDEO IMAGES
This article analyzes the practice of using portrait examinations on photo and video images. The video materials of the Safe City APK are increasingly becoming the object of this examination. When performing a portrait examination on video materials, a forensic expert encounters certain difficulties, due to the fact that most of the video images are not suitable for conducting research on them. The problematic issues of identification of persons by video images and the reasons for their occurrence are given. When writing the article, an analysis was carried out of the portrait examinations carried out on video images in the forensic center of the Central Internal Affairs Directorate for the Krasnodar Territory.
Keywords: portrait examination, video materials, video images, Safe City APK.
Reference list
1. Kuznetsov A. V., Potyupina A. V. Problematic issues related to the production of portrait examination on video images // Encyclopedia of forensic examination. – 2017. – No. 2 (13). – S. 105-108.
CRIMINALISTICS
KARPINSKIY Dmitriy Anatolyevich
adjunct of the Academy of Management of the MIA of Russia, Deputy Head of the Department for Drug Trafficking Control of the AMIA of Russia in Sevastopol, lieutenant colonel of police
PRELIMINARY INVESTIGATION AND INITIAL STAGE OF INVESTIGATION OF FRAUDS RELATED TO PARANORMAL AND OCCULT SERVICES
The article studies the problematic issues arising at the initial stage of the investigation of frauds related to the paranormal and occult services. The author analyzes the circumstances to be established and proved by the specified type of crime, makes proposals for the development of a private methodology of investigation.
Keywords: crime investigation methodology, fraud, paranormal services, occult services, pretrial investigation, stages of investigation, money transfer systems, information technology, criminal tactics.
Reference list
1. Kustov A. M. Forensic technique. New scientific research. 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), dedicated to the 20th anniversary of the department of criminology, Krasnodar, September 28–29, 2018 / Managing editor G. M. Meretukov. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2019. – P. 90-97.
2. Agafonov V. V. (et al., ed. A. G. Filippov) Criminalistics. – M.: DGSK MIA of Russia, 2012. – P. 589.
3. Antonova E. A., Badzgaradze T. A., Rodina E. Yu. Criminalistics. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 212.
4. Leinova O.S., Sotnikov K.I., Lantukh E.V. (and others) Criminalistics – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 284.
CRIMINALISTICS
KITAEV Nikolay Nikolaevich
Ph.D. in Law, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University, Honored Lawyer of the Russian Federation, Honorary Professor of the Boris Yeltsin Kyrgyz-Russian Slavic University
KITAEVA Valentina Nikolaevna
Ph.D. in Law, associate professor, associate professor of Criminalistics, forensic expertise and legal psychology sub-faculty of the Baikal State University, Irkutsk
FORENSIC PSYCHOLOGY AND BIORHYTHMOLOGY IN THE INVESTIGATION OF CRIMES
The article shows the necessity to integrate the achievements of psychology and biorhythmology into criminology in order to solve the problems of crime investigation. The role of taking into account by experts-psychologists the biorhythmological characteristic of the accused during carrying out of engineering-psychological examination is described. Possibilities of forensic-psychological expertise for further determination by biorhythmologists of the “vulnerable” period of mentality of the accused and use of the received data by determination of the tactics of verbal investigative actions are considered. Analysis of possible correlations of criminals’ biorhythms with their acts and suicide is given. The significance of knowledge in the field of psychology and biorhythmology for the improvement of private methods of investigation of certain types of crimes is revealed.
Keywords: forensic psychological examination, forensic psychological and psychiatric examination, biorhythmology, crime detection and investigation, post-criminal suicide.
Reference list
1. Kryazhev V. S. Search and cognitive activity in the process of solving and investigating crimes: from the past to the present // Siberian Criminal Procedure and Forensic Readings. 2020. No. 2. P. 55-64.
2. Popular medical encyclopedia. 5th ed. / Ed. acad. V. I. Pokrovsky. Moscow: Oniks, Alliance-V, 1998. 688 p.
3. Meshkov V. M. Time in the criminal process and criminalistics. Moscow: Yurlitinform, 2018. 240 p.
4. Bakst A. Engineering and psychological expertise // Socialist legality. 1980. No. 2. P. 44.
5. Romanov N. S. Actions of the driver as a subject of research in forensic autotechnical expertise // Criminalistics and forensic expertise. Kyiv, 1988. Issue. 36. P. 85-90.
6. Sukhodolsky GV Engineering and psychological expertise of road traffic accidents. Kharkov: Humanitarian Center, 2006. 156 p.
7. Bilenko N. P., Ardashev R. G. Monthly rhythm of medical, forensic, social, man-made and natural excesses (approaches to chronoprognosis and prevention). Ulan-Ude: Publishing House of the Buryat State University, 2023. 195 p.
8. Bilenko N. P. Chrono-medical aspects of prognosis and prevention of socially significant diseases in children: dis. … doc. honey. Sciences. Moscow, 2005. 215 p.
9. Letter No. 12202007703001182 dated January 13, 2023. Personal archive of N. N. Kitaev.
10. Bilenko N. P., Ardashev R. G. Medical and criminological and forensic aspects of research on monthly biorhythms. Ulan-Ude: Publishing House of the Buryat State University, 2019. 140 p.
11. Gilinsky Ya. I. Review of the monograph by A. N. Bilenko and R. G. Ardashev “Medical and criminological and forensic aspects of the study of monthly biorhythms”. Ulan-Ude, 2019. // Law and law. 2020. No. 1. P. 197.
12. ArdaShev R. G., Bilenko N. P. On some aspects of forensic suicidology // Law and Law. 2019. No. 3. P. 118-120.
13. Ardashev R. G. Investigation of murders associated with post-criminal suicide of the person who committed the crime: author. dis. … cand. legal Sciences. Kaliningrad, 2017. 22 p.
14. Ardashev R. G., Kitaev N. N. Classification of post-criminal suicide of serial killers // Criminological journal of BSUEP. 2012. No. 2 (20). pp. 35-39.
15. Kitaev N. N., Kitaeva V. N. Expert psychological research in criminal proceedings: problems, practice, prospects. Irkutsk: Publishing House of BSUEP, 2002. 432 p.
16. Obraztsov V. A., Bogomolova S. N. Forensic psychology. Moscow: Unity-Dana, Law and Law, 2002. 448 p.
17. Bags V. M. Forensic tactics. M.: Yurlitinform, 2019. 208 p.
18. Archive of the Irkutsk Regional Court, 1991. Sentence of April 19, 1991 in criminal case No. 44-s.
19. Kitaev N. N. Face-to-face confrontation – an effective investigative action in the arsenal of real professionals // Russian justice. 2008. No. 4. P. 24-26.
20. Kitaev N. N., Kitaeva V. N. The use of knowledge about human biorhythms in criminalistics, forensic examination and operational-search activity // Law and Law. 2020. No. 1. P. 160-162.
21. Sudakova T. M. Neuroscience and neurocriminology: methodological principles of integration // Academic legal journal. 2022. V. 23. No. 2. S. 179-186.
22. Grosheva D. V., Loganova A. Yu. On the prospects for the application of the science of chronobiology in the conduct of investigative actions // Evolution of Russian law: proceedings of the correspondence conference (April 30, 2020). Yekaterinburg, 2020. P. 57-58.
23. Criminalistics / Ed. V. A. Obraztsova. Moscow: Yurist, 1997. 760 p.
24. Lobov V. M. Pattern of committing crimes and the method of investigation according to the rhythms of the offender // Investigator. 2005. No. 8. S. 59-60.
CRIMINALISTICS
KOVALEV Vitaliy Vitaljevich
Ph.D. in technical sciences, associate professor, Head of Firearms and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
MUKHAMETSHIN Aydar Faimovich
Head of Operational investigative activities sub-faculty of the Ufa Law Institute of the MIA of Russia
ALEKSEEV Anton Olegovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
ON THE QUESTION OF THE PRACTICAL SIGNIFICANCE OF OPERATIONAL-INVESTIGATIVE CHARACTERISTICS OF CRIMES ON THE EXAMPLE OF SOLVING MURDERS
There is no consensus in the scientific community regarding the independent existence of such a term as “operational investigative characteristics of crimes”. A number of scientists believe that this category is only a collective concept consisting of elements of criminal law, criminalistic and criminological characteristics of crimes. Meanwhile, the experience of operational investigative units, combined with the current situation of increased turnover and a significant decrease in the average age of operational staff, leads to the conclusion that the development, study and practical application of knowledge about operational investigative characteristics of crimes can significantly speed up the process of solving crimes and increases the effectiveness of this activity.
Keywords: operational-investigative characteristics of crimes, detection of murders, operational-investigative activities, operational-investigative measures.
Reference list
1. Zakhartsev S. I. Science of operational-search activity: philosophical, theoretical, legal and applied aspects. – St. Petersburg, 2011. – P. 132.
2. Kharaev A. A., Martynenko O. V. Forensic characteristics of murders // Journal of Applied Research. – 2021. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminalisticheskaya-harakteristika-ubiystv (date of access: 03/19/2023).
3. Federal Law of August 12, 1995 No. 144-FZ “On operational-search activity” (as amended of December 29, 2022 No. 638-FZ) // Rossiyskaya Gazeta. – 1995. – August 18.
CRIMINALISTICS
NIZAEVA Svetlana Ramilevna
Ph.D. in Law, Deputy chief of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES RELATED TO INTENTIONAL HARM TO HEALTH
The article examines the relevance of creating a private methodology for investigating intentional harm to human health, namely, the study of the criminalistic characteristics of crimes of this type, its structural elements. As the central elements of the investigate type of crime, the author highlights the ways of causing serious harm to health, the characterristics of the suspect’s personality. It is proposed to trace correlations between the characteristics of the personality of a suspect in a crime and his choice of the method of committing it, as well as the instrument with which intentional harm to human health is caused.
Keywords: injury to health, forensic characteristics, the identity of the suspect, methods of committing a crime.
Reference list
1. Bychkov VV Crimes against health: criminal law and forensic counteraction: a textbook for universities. − M.: Yurayt, 2023. − 345 p.
2. Vardanyan A. V., Terekhov A. Yu., Aivazova O. V. Disclosure and investigation of serious violent crimes against life and health: a teaching aid. – 2nd ed., revised. and additional − Rostov n/a: FGKOU VO RUI of the Ministry of Internal Affairs of Russia, 2019. − 272 p.
3. Official website of the portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru/analytics (date of access: 10.04.2023).
4. Article 5 of the Medical Criteria for Determining the Severity of Harm Caused to Human Health, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated April 24, 2008. No. 194 n, adopted in pursuance of Decree of the Government of the Russian Federation of August 17, 2007 No. 522 “On Approval of the Rules for Determining the Severity of Harm Caused to Human Health”. [Electronic resource]. – Access mode: http//www.consultant.ru (date of access: 04/12/2023).
5. Verdict of the Oktyabrsky District Court of Ufa in case No. 1-499/2020. [Electronic resource]. – Access mode: http://sudact.ru/regular/doc.
CRIMINALISTICS
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
CHERKASHEV Nikita Gennadievich
cadet of the 5th course of the Crimean branch of the Krasnodar University of the MIA of Russia
PECULIARITIES OF THE PRODUCTION OF CERTAIN INVESTIGATORY ACTIONS WHEN REVEALING THE UNDERGROUND LABORATORY FOR THE PRODUCTION OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES, THEIR ANALOGUES AND PRECURSORS
The drug business, which is actively gaining momentum, relies to a greater extent on the production of drugs in clandestine laboratories. The article examines the features of the production of investigative actions on the fact of revealing an underground laboratory for the production of narcotic drugs, psychotropic substances, their analogues and precursors: inspection of the scene, search and investigative experiment. The most probable places of their discovery, the composition of the investigative-operational group, technical and forensic means used in the production of investigative actions are determined. Attention is paid to compliance with safety regulations, preparation and algorithm for the production of each mentioned investigative action.
Keywords: clandestine laboratory, inspection of the scene, search, investigative experiment, safety precautions, narcotic drugs, psychotropic substances, precursors.
Reference list
1. Portal of legal statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: http://crimestat.ru (date of access: 03/25/2023).
2. Ermakov Yu. M., Isakov S. A., Simonenko A. V., Novikov V. P. Drug addiction and drug trafficking. Questions of the theory and practice of counteraction: a tutorial. – M.: Unity-Dana Publishing House, 2006. – 304 p.
3. Directory of the interrogator. Inspection of the scene, forensic support for the appointment of examinations, the use of procedural coercion measures. [Electronic resource]. – Access mode: https://studwood.net/1150436/pravo/osmotr_mesta_proisshestviya_nezakonnom_oborote_narkoticheskih_sredstv_psihotropnyh_veschestv_analogov (accessed 17.04.2023).
4. Kosarev S. Yu. Crimes associated with potent and poisonous substances: forensic characteristics and features of the investigation: monograph [Text] / S. Yu. Kosarev. – St. Petersburg: Publishing House of the Legal Center Press, 2004. – 220 p.
5. Drapkin L. Ya., Pyatkova I. G. tactical and forensic aspects of conducting an investigative experiment. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/taktiko-kriminalisticheskie-aspekty-provedeniya-sledstvennogo-eksperimenta/viewer (Accessed 04/17/2023).
CRIMINALISTICS
SKRYNNIKOV Alexander Evgenjevich
postgraduate student of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
DIGITIZATION OF EXPERT COLLECTIONS: AUTHENTICITY AND VALIDATION
The article deals with the problems of digitalization of reference and information funds (RIF) and physical samples, as well as access to them by forensic experts at the interdepartmental level. The experience of forming, maintaining and using local forensic expert collections is investigating and the reasons for the difficulties of their widespread use in forensic practice (establishing reliability, objectivity, lack/insufficiency of an adequate form of representing collection objects, etc.) are identified . The article also assesses the feasibility of physical samples digitalization. Based on the study of scientific literature and modern judicial practice, the author proposes a matrix form for representing collection objects and outlines its advantages. The paper concludes that the approach to the digitalization of collections, based on the principles of duplication of channels for the transmission of digitized collections and the preservation of information at all stages of its receipt and processing, contributes to the rapid network exchange of information between forensic institutions.
Keywords: digitalization, reference and information funds, physical samples, matrix approach, authrnticity, objectivity, validation, forensic institutions.
Reference list
1. Bednyakov I. L., Kubanov V. V. Using the results of genomic accounting and registration activities in crime detection: current state and development prospects // Legal Bulletin of Samara University. – 2017. – V. 3. No. 3. – P. 90-93.
2. Biryukov VV, Biryukova TP Forensic identification as a special method of forensic science and its role in the investigation of crimes. Siberian Legal Review. – 2019. – T. 16. No. 2. – S. 209-215.
3. Bychkov V. V., Vekhov V. B. Electronic trace formation of criminal activity on the Internet // Investigation of crimes: problems and ways to solve them. – 2020. – № 1. – С 106-111.
4. Veprev S. B., Nesterovich S. A. On the possibility of using data mining technology in the investigation of criminal cases // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2019. – No. 3. – P. 72-77.
5. Glebova O. Yu. Problems of the organization and functioning of forensic accounting of medical prescriptions with signs of forgery. Bulletin of the Altai State University. – 2014. – No. 2-1. – P. 94-98.
6. Zhavoronkov V. A. Tasks of forensic examination of vehicle markings // Theory and practice of forensic examination. – 2019. – T. 14. No. 1. – P. 70-79.
7. Kornienko I. V., Faleeva T. G., Rakuts V. S., Ivanov I. N., Sidorenko Yu. S. The need to create a national DNA repository of biological samples in the Russian Federation // Theory and Practice of Forensic Science. – 2018. – T. 13. No. 4. – P. 60-67.
8. Latyshov I. V., Garmanov V. V. Some issues of determining the method of production of small arms firearms // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – T. 11. No. 1. – P. 119-125.
9. Moiseev A. M. Digitalization of collections in forensic science // Vector of Science TSU. Series: Legal Sciences. – 2021. – No. 1. – P. 31-38. doi: 10.18323/2220-7457-2021-1-31-38
10. Rossinskaya E. R. Digitalization of reference and information funds for forensic and forensic purposes as part of the doctrine of the digitalization of forensic registration // Bulletin of the University named after O. E. Kutafin (MSLA). – 2020. – No. 6. – P. 23-32.
11. Rossinskaya E. R. Problems of the use of special knowledge in the forensic investigation of computer crimes in the context of digitalization // Bulletin of the O. E. Kutafin University (MSLA). – 2019. – No. 5. – P. 31-44.
12. Rossinskaya E. R. To the question of the private theory of information and computer support for criminalistic activity // News of the Tula State University. Economic and legal sciences. – 2016. – No. 3-2. – P. 109-117.
13. Safonov A. A. Fundamentals of organizational and information support for the production of diagnostic studies in trasology // Criminal justice: problems of theory and practice. – 2019. – No. 1. – P. 155-157.
14. Semikalenova A. I. Digital traces: appointment and production of examinations // Bulletin of the University named after O. E. Kutafin (MGYuA). – 2019. – No. 5. – P. 115-120.
15. Smakhtin E. V. Countering crime by forensic means in the Russian Federation and abroad: a comparative legal analysis // Legal Science and Law Enforcement Practice. – 2019. -№ 1. – P. 165-172.
16. Smirnova S. A., Omelyanyuk G. G., Usov A. I. Actual problems of legislative consolidation of innovations in forensic activities in the Russian Federation // Theory and Practice of Forensic Science. – 2016. – No. 1. – P. 26-35.
17. Somik K. V., Khabibulin A. G. SovImproving the counteraction of economic crime using the possibilities of the Internet and cryptographic means // Theory of State and Law. – 2020. – No. 4. – P. 220-231.
18. Chesnokova E. V. Standards in the field of forensic examination as a tool for implementing a unified scientific and methodological approach in forensic activities // Bulletin of economic security. – 2020. – No. 2. – P. 242-246.
19. Chesnokova E. V. On the issue of assessing the suitability of the methodology for studying vehicle markings for forensic activities // Theory and Practice of Forensic Science. – 2018. – T. 13. No. 3. – S. 25-30.
CRIMINOLOGY
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»
SADYKOVA Regina Aidarovna
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”, captain of the internal service
THE INFLUENCE OF THE CRIMINAL SUBCULTURE ON THE FORMATION OF THE PERSONALITY OF A MINOR
The criminal subculture is based on the defects of legal consciousness: socio-legal infantilism, legal lack of culture, socio-legal negativism, cynicism, and is formed in a special “philosophy” of the criminal lifestyle. This article examines the peculiarities of the influence of the criminal subculture on the formation of the personality of a minor. Some preventive measures are considered to prevent the impact on the manifestation of criminal subculture among minors.
Keywords: criminal subculture, causes of crime, illegal behavior, minor, youth.
Reference list
1. Zorina N. S. On some aspects of the criminal subculture // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia. Volume Issue 10. Part 1. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2022. – P. 128-130.
2. Babaev T. M., Kargina N. V. Legal psychology: A textbook for students studying in the specialty “Psychology”. – M.: RUDN University, 2016. – 127 p.
3. Denisov N. L. Influence of criminal subculture on the formation of the personality of a juvenile delinquent: author. dis. … cand. legal Sciences. – M., 2002. – 22 p.
4. Zorina N. S., Zorin D. N. Psychological features of the development of adolescents in conditions of family deprivation // Administrative law and process. – 2023. – No. 1. – P. 83-84.
5. Shchegoleva A. N. Features of the influence of criminal subculture on the formation of the personality of a minor // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2019. – No. 2. – P. 209-214.
6. Panova O. B. Formation of the legal consciousness of juvenile convicts in an educational colony: dis. … cand. ped. Sciences. – M., 2005. – 185 p.
7. Pavlova L. V. On the creation of a special federal executive body in the field of protecting the rights of children // Administrative activity of law enforcement agencies of the Russian Federation and foreign countries: Collection of materials of the All-Russian scientific and practical conference dedicated to the 20th anniversary of the Department of Administrative and Financial Law of the Academy of the Federal Penitentiary Service Russia, Ryazan, April 21, 2022 / Under the general editorship of E. V. Senatova. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2022. – P. 85-88.
8. Federal Law of December 30, 2020 No. 489-FZ “On Youth Policy in the Russian Federation” Access from the reference legal system “ConsultantPlus”.
CRIMINOLOGY
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
SWATTING: MANIFESTATION IN MODERN CONDITIONS AND LEGAL MEANS OF COUNTERACTION
The article deals with such an asocial phenomenon as swatting, which is becoming increasingly widespread at the present time, especially among teenagers. Since the most dangerous crime committed by persons involved in swatting is a deliberately false report of an act of terrorism, the author analyzed the main indicators of official statistics under Article 207 of the Criminal Code of the Russian Federation, which allowed to establish the widespread and increased public danger of such a crime. In addition, the fact of the use of swatting in the information war against Russia is being investigated. Based on the analysis of criminal legislation, the measures of criminal legal counteraction to swatting are proposed.
Keywords: crime, punishment, deliberately false message, terrorist act, false information, swatting.
Reference list
1. Meshcheryakov V. A., Potanina I. V., Tsurluy O. Yu., Cherepkov R. A. Influence of information and telecommunication technologies on the ways of committing crimes // Intercultural communication: linguistic foundations and learning strategies. – Voronezh, 2022. – P. 131-136.
2. Drozd A. N. Swating: concept, types and questions of qualification // Issues of criminology, forensic science and forensics. – 2021. – No. 2 (50). – P. 32-37.
LAW ENFORCEMENT
KURGINYANTS Nikolay Vadimovich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant of police
NABIEV Valeriy Valerjevich
senior lecturer in Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
KUZNETSOV Sergey Vladimirovich
senior lecturer of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia, lieutenant colonel of police
CHARACTERISTIC FEATURES OF THE INTERACTION OF THE DISTRICT COMMISSIONER WITH OTHER SERVICES AND DIVISIONS OF THE INTERNAL AFFAIRS BODIES IN THE PREVENTION OF EXTREMIST CRIMES
In the prevention and disclosure of crimes of extremist orientation, the district police commissioners play an important role, and this is carried out precisely in the interaction of this service with other divisions of the internal affairs bodies, since in the disclosure of these crimes, information is of great importance, which is just owned by the district police commissioners at their assigned administrative site, the tasks of crime prevention are also described extremist orientation and their solution, district police officers in their official activities often contact citizens, which helps them to collect the necessary information, which further helps to uncover extremist transgressions in cooperation with other divisions of internal affairs bodies and other bodies, also describes a set of measures to prevent crimes in this area.
Keywords: district police commissioner, crime prevention, extremist crimes, internal affairs bodies.
Reference list
1. Zaluzhny A. G. Extremism: the essence and methods of counteraction // Law and Security. – 2019. – No. 6. – P. 12-19.
2. Gadzhiev D.M. Prevention of extremism in Dagestan: municipal level // Law and security. – 2019. – No. 1/2. – S. 75-82.
LAW ENFORCEMENT
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
ALEXEEV Artem Mikhaylovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KHOROLSKIY Vladimir Vitaljevich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
THE PLACE OF FIRE TRAINING IN THE FORMATION OF THE PERSONALITY OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES
The article deals with the question of the place of fire training in the formation of the personality of an employee of the internal affairs bodies, namely, the importance of fire training for a police officer in physical and psychological terms is considered. Hypotheses were put forward, studies were conducted (a survey of students) and the results were revealed. The article provides methodological recommendations for controlling emotions.
Keywords: fire training, police officer, use of weapons, emotional state, personality, fear, emotions, feelings, shooting.
Reference list
1. Akhiyarov R. A., Koshevets G. V. Ensuring the personal security of an employee of the internal affairs bodies // Eurasian Law Journal. – 2021. – No. 2 (153). – S. 364-365. – EDN ZCITRR.
2. Kovtun A. V., Simonova E. P. Features of perception: visual, auditory, kinesthetic // X All-Russian Festival of Science: Collection of reports, Nizhny Novgorod, October 14-15, 2020 / Editorial Board: A. A. Lapshin, I S. Sobol, D. V. Monich, A. A. Smykov [and others]. – Nizhny Novgorod: Nizhny Novgorod State University of Architecture and Civil Engineering, 2020. – P. 798-802. – EDN TVUHTV.
3. Nikolaev N. Yu. Influence of psychological factors on the effectiveness of cadets’ shooting training in the process of studying the discipline “fire training” // Improvement of 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. 145-147. – EDN ZHNMMY.
4. Svyazhenina A. A., Akhiyarov R. A. Psycho-emotional state of an internal affairs officer when firing a shot from a firearm // Legal science in the modern world: current problems and development prospects: collection of materials of the All-Russian round table, Ufa, May 13, 2021. – Ufa: Ufa Legal Institutehere Ministry of Internal Affairs of the Russian Federation, 2021. – P. 75-78. – EDN FGQHQE.
LAW ENFORCEMENT
SOSHIN Alexey Alexandrovich
senior lecturer of Tactical and special training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
MUKHAMETSHIN Aidar Faimovich
Ph.D. in Law, Head of Operational and investigative activities of internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
ON SOME MEASURES TAKEN BY THE LEADERSHIP OF THE INTERNAL AFFAIRS BODIES TO PREVENT AND MINIMIZE THE CONSEQUENCES OF EMERGENCY SITUATIONS ASSOCIATED WITH THE OCCURRENCE OF FOREST FIRES
The consequences of fires affect a wide variety of human activities, and also affect the ecological system. Such consequences include: the death of people, a large number of animals and plants, which invariably leads to a change in flora and fauna, the health of the population and the environment is deteriorating. There is a need for significant material costs for the restoration of the affected territories. In this regard, government authorities at various levels are taking measures to reduce the consequences associated with the occurrence of fires. The article discusses the measures taken by the leadership of the internal affairs bodies to prevent the consequences associated with the occurrence of forest fires.
Keywords: forest fires, consequences of fires, management of the Department of Internal Affairs, activities, interaction, Ministry of Emergency Situations, forest fire situation.
Reference list
1. Large forest fires in Russia in 2017 – 2022 // RIA Novosti 2023. – March 13. – [Electronic resource]. – Access mode: https://ria.ru/20220823/pozhary-1811555622.html Employees.
2. Almost 80% of forest fires in Russia in 2022 occurred in Siberia and the Far East – the Ministry of Natural Resources, the Ministry of Emergency Situations and the prosecutor’s office summed up the fire season / press service of the Ministry of Natural Resources of Russia // Ministry of Natural Resources of Russia – Press Center – News 2022. – December 14. – [Electronic resource]. – Access mode: https://www.mnr.gov.ru/press/news/pochti_80_lesnykh_pozharov_v_rossii_v_2022_godu_prishlis_na_sibir_i_dalniy_vostok_minprirody_mchs_i_/?sphrase_id=550541&ysclid=lfswl2lg7g84636513 9.
3. Against fire / safety encyclopedia – 2023. – March 29. – [Electronic resource]. – Access mode: https://protivpozhara.com/tipologija/prirodnye/posledstvija-lesnyx-pozharov.
4. Legal basis and tactics for the use of special means by employees of the internal affairs bodies: educational and methodological manual / Federal State Treasury Educational Institution of Higher Education “East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation”; compilers: A. A. Soshin, D. V. Kovalev, V. M. Chibunin. – Irkutsk: FGKOU VO VSI MIA of Russia, 2020. – P. 70.
LAW ENFORCEMENT
STUKANOV Ilya Andreevich
postgraduate student of the Russian customs academy, Сhief detective of the Central investigative customs office of the FCS of Russia
ACCOUNTING OF FOREIGN EXPERIENCE IN THE ORGANIZATION OF DETECTIVE ACTIVITIES OF THE RUSSIAN CUSTOMS AUTHORITIES ON THE EXAMPLE OF THE GERMANY
The relevance of the research topic is due to a set of circumstances that directly affect the organization of ensuring Russia’s foreign economic security, including the need to introduce and develop new effective tools for investigative activities in the fight against customs crime. In the course of the study, the regulatory and legal regulation of detective activities of the customs authorities of the Federal Republic of Germany is disclosed, the procedure for authorizing and conducting individual detective activities established in the German criminal procedure legislation and other regulatory acts is described . The organizational and tactical bases of the implementation of detective activities by the customs authorities of the Federal Republic of Germany are considered, their functions and powers to combat foreign economic crimes, including by the forces of specialized support units, are highlighted. Taking into account the issues studied and analyzed, a number of practical proposals have been put forward in order to increase the effectiveness of combating illegal encroachments on Russia’s foreign economic security in balance with the interests of protecting human and civil rights and freedoms.
Keywords: customs crime, customs authorities, detective activities, investigative measures, detective unit, Federal Republic of Germany, foreign experience, criminal procedure legislation.
Reference bibliography
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17. Samelyuk M. A., Yakovets E. N. Problematic issues of information and analytical support of the operational-search activity of customs authorities in modern conditions // Bulletin of the Russian Customs Academy. – 2018. – No. 4. – P. 87-94.
18. Kozlovsky A. Yu. Operational-search activity of the customs authorities of the Russian Federation: theoretical, legal and organizational aspects: monograph. – M.: Publishing House of the Russian Customs Academy, 2015. – 210 p.
19. Klepov A. V. Legal and organizational foundations of the operational-search activity of the customs service of Germany and their consideration in ensuring law enforcement cooperation between the customs services of Russia and Germany: dis. … cand. legal Sciences. – Lyubertsy, 2006. – 191 p.
LAW ENFORCEMENT
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning 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»
BODROV Evgeniy Nikolaevich
lecturer of the A. N. Konyaev Tver College
ON THE ISSUE OF DIGITAL CULTURE FORMATION IN THE PROCESS OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE PENITENTIARY SYSTEM OF RUSSIAN FEDERATION
The paper considers aspects of the formation of digital culture of employees of the penal system of the Russian Federation in the context of integration with departmental professional education. The issues related to the essence and concept of digital culture are emphasized, the provisions of strategic documents concerning the training of personnel for the digital economy of the Russian Federation are presented. Special attention is paid to the consideration of the remote computer course and the prospects of its use for the formation of digital culture in the course of professional training of employees of the Penitentiary System.
Keywords: digital economy of the Russian Federation, digital culture, digital literacy, educational process, distance learning, Penitentiary System of the Russian Federation.
Reference list
1. Shaukhalova R. A., Yarychev N. Digital culture of undergraduate students as a competitive advantage of a modern specialist // World of Science, Culture, Education. – 2019. – No. 5. – P. 348-350.
2. Zorina N. S. Factors of crime in the field of computer technology // 25 years of experience in the application of the Criminal and Penitentiary Codes of the Russian Federation: problems and development prospects: Collection of round table materials within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – P. 45-47.
3. Latypova A. F. Artificial Intelligence Technologies and Certain Aspects of International Space Law // Eurasian Law Journal. – 2022. – No. 12 (175). – P. 43-46.
4. Shekhonin A. A., Voznesenskaya A. O., Bakholdin A. V., Gavrilina O. A. Training of competitive graduates of the international level based on the educational standard of ITMO University // Higher education in Russia. – 2019. – T. 28. No. 5. – S. 9-17.
LAW ENFORCEMENT
SHERSTYANYKH Alexandra Sergeevna
Ph.D. in technical sciences, associate professor, associate professor of Information and legal disciplines and special technique sub-faculty of the Siberian law Institute of the MIA of Russia
POSSIBILITIES OF USING ARTIFICIAL INTELLIGENCE TECHNOLOGY IN THE ACTIVITY OF LAW ENFORCEMENT AGENCIES
The article deals with the possibility of using artificial intelligence technology in the activities of law enforcement agencies. Technology of machine intelligence is currently in the stage of intensive development, which, due to its independence from the scope of application, is turning into a tool that greatly simplifies the work of specialists in various fields. The author investigates some trends in the use of artificial intelligence technologies in the fight against crime in Russia and abroad. The article reveals the current state of affairs in the introduction of modern technologies of data mining, highlights priority departmental projects in the field of artificial intelligence. Attention is given to such a perspective direction of use of artificial intelligence technologies in activity of internal affairs bodies, as video analytics.
Keywords: law enforcement agencies, artificial intelligence, technology, crime, information.
Reference list
1. On the development of artificial intelligence in the Russian Federation: Decree of the President of the Russian Federation of October 10, 2019 No. 490 // SPS ConsultantPlus.
2. On approval of the Departmental program of digital transformation of the Ministry of Internal Affairs of Russia for 2022 – 2024: Order of the Ministry of Internal Affairs of Russia dated 11.01.2022 No. 1/37 // SPS ConsultantPlus.
3. On Amendments to the Federal Law “On State Genomic Registration in the Russian Federation” and Certain Legislative Acts of the Russian Federation: Federal Law No. 8-FZ dated February 6, 2023 // ATP ConsultantPlus.
4. “Public services” became available with the help of biometrics // sibnet.ru: news site. [Electronic resource]. – Access mode: https://info.sibnet.ru/article/634447/ (date of access: 27.02.2023).
5. Artificial intelligence in the service of the police: an interview with the head of the Department of Information Technologies, Communications and Information Protection of the Ministry of Internal Affairs of Russia, Major General of the Internal Service Yuri Voinov. [Electronic resource]. – Access mode: https://news.rambler.ru/internet/48715031/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (date of access: 02/27/2023).
6. Perov A. Systems of “smart” video surveillance – security and comfort for business and regional territories // ExpertYug. – No. 11. – 2022. [Electronic resource]. – Access mode: https://expertsouth.ru/articles/sistemy-umnogo-videonablyudeniya-bezopasnost-i-komfort-dlya-biznesa-i-rregionalnykh-territoriy/ (date of access: 03.03.2023).
7. The Vaak theft detection system is already 81% accurate // Robotics News. [Electronic resource]. – Access mode: https://robogeek.ru/iskusstvennyi-intellekt/sistema-obnaruzheniya-krazh-vaak-tochna-uzhe-na-81 (date of access: 03.03.2023)
8. Official website of the company ZeroEyes. [Electronic resource]. – Access mode: https://zeroeyes.com/ (Accessed: 03/05/2023)
9. Cortica official website. [Electronic resource]. – Access mode: cortica.com (date of access: 25.02.2023)
10. China wants to introduce “crime prediction” technology // Hi-News.ru. [Electronic resource]. – Access mode: https://hi-news.ru/technology/kitaj-xochet-vnedrit-texnologiyu-predskazaniya-prestuplenij.html (date of access: 03/15/2023).
11. Chinese courts obligated to consult with artificial intelligence // PRAVO.RU. [Electronic resource]. – Access mode: https://pravo.ru/news/242025/ (date of access: 03/20/2023).
12. Speech by the Chairman of the Council of Judges of the Russian Federation Momotov V. V. at the plenary meeting of the Council of Judges of the Russian Federation on May 25, 2021 // Council of Judges of the Russian Federation. [Electronic resource]. – Access mode: http://www.ssrf.ru/news/vystuplieniia-intierv-iu-publikatsii/42229 (date of access: 20.03.2023).
LAW ENFORCEMENT
KHAZHIROKOV Valeriy Akhiedovich
Ph.D. in Law, Head of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
ACTUAL PROBLEMS OF ORGANIZING INDEPENDENT PHYSICAL TRAINING OF EMPLOYEES OF THE INTERNAL AFFAIRS DIRECTORATE OF THE RUSSIAN FEDERATION
Independent physical training is a system of exercises aimed at maintaining the current form without its deterioration. Independent physical training includes elements of physical culture, mainly aimed at maintaining health. Physical training as a discipline sets quite clear goals, namely, the improvement of strength, speed, flexibility and endurance of police officers – students of educational organizations of the Ministry of Internal Affairs of Russia. Outside of educational institutions, in order to maintain all these aspects, it is necessary to constantly deal with your physical condition. To maintain each of the components at a certain level of physical fitness, police officers can use special exercises, both from general and professionally applied physical training.
Keywords: police officers, independent physical training, professional-applied physical training, teaching methods, pedagogical technologies.
Reference list
1. Kuznetsov M. B. On the issue of the basics of independent physical training of police officers // In the book: Physical culture and sport in the structure of vocational education: retrospective, reality and future. materials of the All-Russian scientific-practical conference. East Siberian Institute of the Ministry of Internal Affairs of Russia. – Irkutsk, 2020. – P. 247-250.
2. Matveev AS Actual problems of independent physical training of law enforcement officers // In the collection: Improving the physical training of law enforcement officers. collection of scientific articles. – Eagle, 2022. – S. 139-143.
3. Molodkina V.V. Independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Student of the Year 2021. Collection of articles of the XIX International Research Competition. – Penza, 2021. – P. 148-150.
4. Sobornov A. V., Shkapov P. Yu., Budakov A. N. Independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Improving the physical training of law enforcement officers. Collection of articles of the All-Russian round table. Editorial board: S. N. Barkalov (chairman) [and others]. – Eagle, 2021. – S. 181-184.
5. Khazhirokov V. A. Specific characteristics of professional-applied physical training of employees of internal affairs bodies // Education. The science. Scientific personnel. – 2019. – No. 2. – P. 220-222.
6. Khazhirokov V. A. Specific features of professional-applied physical training in educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Physical education and sport: topical issues of theory and practice. Collection of articles of the All-Russian Scientific and Practical Conference. Managing editors V. M. Barshai, A. A. Tashchiyan. – 2019. – S. 138-143.
LAW ENFORCEMENT
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning 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»
ON THE ISSUE OF THE USE OF ARTIFICIAL INTELLIGENCE IN LEGAL DEPARTMENTS
The paper examines the legal foundations of the use of artificial intelligence, analyzes the directions of its application in the activities of legal departments of law enforcement agencies, as well as the prospects for its further development. The conclusion is made about the expediency of using artificial intelligence in solving legal issues, not only taking into account the latest achievements of digital technologies, but also the provisions of various branches of law. The high efficiency of the use of intelligent systems for automating the activities of lawyers when processing large amounts of information is emphasized.
Keywords: artificial intelligence, law enforcement, artificial intelligence, legal units, neural networks, digital technologies.
Reference list
1. Latypova A. F. Artificial Intelligence Technologies and Certain Aspects of International Space Law // Eurasian Law Journal. – 2022. – No. 12 (175). – P. 43-46.
2. Zorina N. S. The concept of crimes committed with the use of information and telecommunication technologies // Bulletin of FKU NIIIT Federal Penitentiary Service of Russia: Scientific and Practical Edition. Volume Issue 5. – Tver: FKU NIIIT FSIN of Russia, 2022. – P. 34-37.
3. Zorina N. S. Factors of crime in the field of computer technology // 25 years of experience in the application of the Criminal and Penitentiary Codes of the Russian Federation: problems and development prospects: Collection of round table materials within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – P. 45-47.
4. Martynova T. L. On the development of e-justice // Judicial reform in Russia: past, present, future (Kutafinsky readings): Sat. report VII Intern. scientific-practical. conf. – M., 2015.
SAFETY AND LAW
VOSTROKNUTOV Alexander Leonidovich
Ph.D. in technical sciences, senior researcher, professor of Internal affairs in special conditions sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
TOPICAL ISSUES OF COUNTERING THE USE OF BIOLOGICAL WEAPONS IN THE MODERN PERIOD
At the present stage of historical development, the use of biological weapons poses a serious danger to all mankind. The main purpose of using biological weapons is the mass destruction of enemy manpower, provocation of an epidemic of dangerous diseases among troops and civilians. The article is devoted to the above problem, which has not lost its relevance since the end of the last century. Everyone should have an idea of the existing potential threat, have the necessary skills to prevent it.
Keywords:epidemic, biodiversion, biosafety, biological weapons.
Reference list
1. Hersh S. Chemical and biological weapons. America’s secret arsenal. Abridged translation from English by A. Georgiev, edited by Candidate of Military Sciences, Associate Professor P. Efimov. – M., Military Publishing, 1970. – 208 p.
2. Konovalov P. P., Arsentiev O. V., Buyanov A. L., Nizovtseva S. A., Maslyakov V. V. Use of biological weapons: history and modernity // Modern problems of science and education. – 2014. – No. 6. [Electronic resource]. – Access mode: https://science-education.ru/ru/article/view?id=16621 (date of access: 08.08.2022).
3. Is Russia ready for attacks of bacteriological weapons // RIA Novosti. [Electronic resource]. – Access mode: https://ria.ru/20170216/1488141469.html (date of access: 08/04/2022).
4. “Anaconda Loop”: The Third Squeeze? [Electronic resource]. – Access mode: https://zen.yandex.ru/media/novorossia/ (date of access: 08/04/2022).
5. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&ts=jU8DfaTW6orJ5eQ7&cacheid=79AD5907A4C82209386C5088AB519313&mode=splus&rnd=Io4DfaTyMPSqAdss&base=LAW& ;n=389271& dst=1000000001#Wx8DfaTGsukihdVA2 (accessed 08/04/2022).
SAFETY AND LAW
ILLYUK Rolina Alexeevna
postgraduate student of State studies, general legal and social and humanitarian disciplines sub-faculty of the Institute of Legislation and Comparative Law under the Government of theRussian Federation
COMPUTER CRIMES ACT 1997 (MALAYSIA): REASONS FOR ADOPTION AND APPLICATION PROBLEMS
Malaysia is the first country in the world to start developing and enacting cyber security laws. One of the first such laws was the Computer Crimes Act 1997. The law was modeled after the United Kingdom’s Computer Misuse Act 1990. The main purpose of this law was to criminalize hacking activities, and create a platform for Malaysia to take a leading position in the Asian region in the field of information technology. However, the Computer Crimes Act of 1997 does not cover many IT crimes and, despite its positive message, has a number of gaps.
Keywords: Computer Crime Act 1997, digital law, Malaysian law, Malaysian lawmaking, United Kingdom Computer Misuse Act 1990, criminal law, computer crime, lawmaking.
Reference list
1. Hamin, Zaiton. The legal response to computer misuse in Malaysia – The Computer Crimes Act 1997 / Dr. Zaiton Hamin. UITM Law Review. 2004. No. 2. Pp. 210-234.
2. Appudurai, Janaletchumi and Ramalingam, Chitra L. Computer Crimes: A Case Study of What Malaysia Can Learn from Others? // Journal of Digital Forensics, Security and Law. 2007 Vol. 2. No. 2. Article 1.
3. Kechina M. A., Belenkova L. Yu., Prevention of socially dangerous behavior of university students in the Internet environment // Educational experiment in education. 2020. No. 2 (94) (April – June). P. 14-20.
4 Shahin Alam, Md. Zahidul Islam, Offensive Statements on Social Networking Platforms with the special reference to Cyber Defamation: A Comparative Analysis between Malaysia and Bangladesh // Journal of Asian and African Social Science and Humanities. 2015. Vol. 1. No. 3. P. 40-57. P. 43.
5. Wan Mahmud Wan Amizah, Pitchan Muhammad Adnan Bin, Media Baharu dan Institusi Raja di Malaysia: Kes Penghinaan Raja-raja di Media Sosial, Jurnal Komunikasi // Malaysian Journal of Communication. 2017. Jilid 33(1). P. 406-422. P. 418.
6. Donna L. Beatty, Comment, Malaysia’s “Computer Crimes Act 1997” Gets Tough on Cybercrime But Fails to Advance the Development of Cyberlaws, 7 Pac. Rim L & Pol’y J. 351 (1998) – P. 357-358.
SAFETY 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
KONSTANTINOV Vladimir Nikolaevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
PICHUGIN Dmitriy Alexandrovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
COUNTERING TERRORIST THREATS DURING RUSSIA’S SPECIAL MILITARY OPERATION IN UKRAINE
The article is devoted to an urgent topic, the importance of which is only increasing in the current socio-political conditions. During the period of Russia’s special military operation in Ukraine, the opposing side is forming underground cells or recruiting lone terrorists, the interrelationships of Ukrainian nationalists with transnational organized crime are intensifying, foreign terrorist fighters and mercenaries are being mobilized. The article discusses some features of the terrorist threat in the context of a special military operation, to which the authors rightly attribute an increase in the scale of terrorist attacks (up to terrorist attacks using weapons of mass destruction and acts of international terrorism on gas pipelines ) and an expansion of the range of possible ways to commit terrorist attacks (using sabotage and terrorist groups, unmanned aerial vehicles, etc.).
Keywords: special military operation, hybrid war, fascism for export, terrorist act, unmanned aerial vehicles, countering threats.
Reference list
1. UN Security Council: “Letter dated 30 December 2020 from the Permanent Representative of Tunisia to the United Nations addressed to the UN Secretary-General.” – [Electronic resource]. – Access mode: https://undocs.org/pdf?symbol=ru/S/2020/1315 (Accessed 20.02.2023).
2. Nikitin A. I. Denazification and demilitarization in Ukraine as the implementation of one of the strategic national priorities of the Russian Federation // Military legal instruments for ensuring national security: Collection of articles of a scientific and practical conference. Moscow, 2022 – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=48590201 (date of access: 02/01/2023).
3. The court arrested Natalya Vovk in absentia on charges of murdering Daria Dugina // RIA Novosti. – 02.11.2022. – [Electronic resource]. – Access modea: https://ria.ru/20221102/dugina-1828627487.html?ysclid=lfaqp74ayz344875285 (date of access: 02/01/2023).
4. A truck was blown up on the Crimean bridge // RIA Novosti. 08.10.2022. – [Electronic resource]. – Access mode: https://ria.ru/20221008/most-1822415086.html?ysclid=lfaqrcx8vw974538942.
5. Federal Law No. 35-FZ dated 06.03.2006 “On Combating Terrorism”. – [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&prevDoc=102170326&backlink=1&&nd=102105192&ysclid=lfaqvegud982740247 (date of access: 20.02.2023).< br /> 6. Kaftan VV Countering terrorism // textbook for universities 2nd ed., rev. and additional – M.: Publishing house Yurayt, 2023. – P. 261. – [Electronic resource]. – Access mode: https://urait.ru/bcode/511349/p.19 (date of access: 26.02.2023).
7. What happens in the border area of the Bryansk region after the attack of saboteurs // RBC. – [Electronic resource]. – Access mode: https://www.rbc.ru/society/04/03/2023/6401fc6e9a7947e501cfb648 (date of access: 03/12/2023).
8. “Service of lawlessness of Ukraine”, or “How the SBU agent Mykola Shvets with the call sign Gaspar was detained” // Belteleradiocompany. – 03/12/2023. – [Electronic resource]. – Access mode: https://www.tvr.by/news/obshchestvo/sluzhba_bespredela_ukrainy_ili_kak_zaderzhali_agenta_sbu_nikolaya_shvetsa_s_pozyvnym_gaspar/?ysclid=lfar8fz4jn37406110 (date of access: 20.03.2023).
STATE AND LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of State and municipal administration sub-faculty of the Western branch of the RANEPA under the President of the Russian Federation
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the RANEPA under the President of the Russian Federation
SEMENOVA Irina Olegovna
Ph.D. in pedagogical sciences, Head of the Educational Process Support Department of the Western branch of the RANEPA under the President of the Russian Federation
TO THE QUESTION OF THE PROBLEMS OF STAFFING OF PUBLIC AUTHORITIES AND LOCAL SELF-GOVERNMENT AND WAYS TO SOLVE THEM
The article analyzes the problems of staffing of public authorities and local self-government, identifies ways to solve them. The authors consider the main problem of staffing to be the use of traditional HR technologies that do not meet modern requirements in working with personnel, both when hiring (selecting) personnel, and adapting new employees, evaluating the effectiveness of performance, and employee motivation. It is noted that there is a need to improve the technologies of selection (recruitment) of citizens to fill positions in public authorities and local self-government, the active introduction of the institute of mentoring in order to effectively adapt state civil and municipal employees, the introduction into the practice of human resources services of assessment technologies as a modern technology of comprehensive assessment of candidates for vacant positions, and evaluation of the results of professional service employees’ activities.
Keywords: employees, public authorities and local self-government, traditional and modern personnel technologies, mentoring, assessment assessment.
Reference list
1. Andryukhina I. Yu., Pekhova L. S. Improvement of personnel technologies in personnel management of representative bodies of local self-government. Eurasian Law Journal 2022. No. 6 (169). pp. 121-122. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=49312808
2. Masilova M. G., Lobov V. E. Problems of staffing of local governments and ways to solve them / Territory of new opportunities. Vestnik VGUES. 2019. No. 4. P. 171. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kadrovogo-obespecheniya-organov-mestnogo-samoupravleniya-i-puti-ih-resheniya-1
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5. Evdokimov S. Yu., Sergeev V. Yu. Criteria and methods of attestation of state and municipal employees // Bulletin of the Eurasian Science. 2018. No. 2. [Electronic resource]. – Access mode: https://esj.today/PDF/22ECVN218.pdf/mode
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STATE AND LAW
MANDAZHI Dayana Ivanovna
magister student of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
YAKUPOVA Gulnara Aidarovna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
STATE PROGRAMS FOR THE DEVELOPMENT AND SUPPORT OF ECOLOGICAL TOURISM IN THE REPUBLIC OF BASHKORTOSTAN
The article provides a definition of ecological tourism. As an example of a regional program for the development and support of ecological tourism in the Republic of Bashkortostan, the State Program “Development of domestic and inbound tourism in the Republic of Bashkortostan” was cited. In addition, national projects and grants issued at the federal level were described, one of the owners of which was a Bashkir entrepreneur.
Keywords: ecological tourism, agrotourism, federal grants, “Toratau Geopark”, “Yangan-Tau Geopark”.
Reference list
1. [Electronic resource]. – Access mode: https://www.vyatsu.ru/internet-gazeta/ekologicheskiy-turizm-zolotaya-zhila-ili-problema.html.
2. Babkin, A. V. Special types of tourism. [Electronic resource]. – Access mode: https://tourlib.net/books_tourism/babkin08.htm.
3. Decree of the Government of the Republic of Bashkortostan dated September 14, 2017 No. 424 On approval of the state program “Development of domestic and inbound tourism in the Republic of Bashkortostan”. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/450340600.
4. [Electronic resource]. – Access mode: https://www.atorus.ru/node/50423.
5. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/social/2019-08-20/dva-proekta-iz-bashkirii-vyigrali-granty-foruma-territoriya-smyslov-2117636.
6. [Electronic resource]. – Access mode: https://mcx.gov.ru/press-service/news/v-2023-godu-minselkhoz-podderzhit-agroturisticheskie-proekty-v-50-regionakh-rossii/
7. [Electronic resource]. – Access mode: https://xn—-dtbhaacat8bfloi8h.xn--p1ai/agroturism-winners-2022.
8. Nigmatullin R. V., Nikitina A. A. Legal and economic aspects of the development of small businesses in the Republic of Bashkortostan // Bulletin of the Russian University of Cooperation. – 2022. – No. 4 (50). – S. 47-54. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-i-ekonomicheskie-aspekty-razvitiya-malyh-form-hozyaystvovaniya-v-respublike-bashkortostan/viewer.
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11. [Electronic resource]. – Access mode: https://www.ibw-bashkortostan.com/news/1229/
12. [Electronic resource]. – Access mode: https://www.tourister.ru/world/europe/russia/city/makarovo/placeofinterest/37711.
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PEDAGOGY AND LAW
KANUKOEV Astemir Musovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, captain of police
KODZOKOV Aznaur Khasanovich
Ph.D. in pedagogical sciences, senior lecturer of Physical training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, major of police
THE IMPACT OF INFORMATION TECHNOLOGY ON THE LEARNING PROCESS OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The main goal of departmental education is the training of highly qualified personnel for the system of the Ministry of Internal Affairs of Russia, who are able and ready to quickly solve official tasks, obtaining certain skills that will be required during service is one of the most important areas in any study. The ideal solution for this area will be the creation of a single platform that will include both online and traditional teaching methods, where students of educational organizations of the Ministry of Internal Affairs of Russia will be able to study more comfortably, learn to navigate the digital world, make requests and find quick answers to them. To do this, educational organizations should pay more attention to issues that are of strategic importance. These include the ability of students to independently form and develop their interests, abilities, learn without the participation of a teacher.
Keywords: information technology, educational organizations of the Ministry of Internal Affairs of Russia, students, modern teaching methods, digital learning, accessibility of learning, continuity of learning.
Reference list
1. Zhamborov A. A., Shafieva E. T., Kokurkhaeva R. M. B. The role of digital technologies in the formation of the information society // Journal of Applied Research. – 2022. – V. 1. No. 9. – S. 17-21.
2. Kardanov A. K. On some issues of using distance learning technologies in the educational process of the system of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 482-483.
3. Kindeeva A. A., Zueva A. S. Digitalization of education in Russia: problems and prospects // Theory and practice of project education. – 2021. – No. 2 (18). – P. 60-64.
4. Kozlovskaya G. E., Kazenina A. A. Digitalization of education: modernization or transformation // Bulletin of the Moscow State Pedagogical University. Series: Philosophical Sciences. – 2020. – No. 1 (33). – S. 38-43.
5. Kokurkhaeva R. M. B., Zhamborov A. A. The role of information technology in the organization of the educational process // Journal of Applied Research. – 2022. – V. 1. No. 9. – S. 29-32.
6. Razbegaev P. V. Innovative technologies in the educational system of the Ministry of Internal Affairs of the Russian Federation // World of science, culture, education. – 2022. – No. 4 (95). – P. 76-78.
7. Ennanova L. F., Usmanova Z. U. K. Modern innovative technologies in education // In the collection: Modern science: current issues, achievements and innovations. collection of scientific papers based on the materials of the XXXVII International Scientific and Practical Conference. – Anapa, 2021. – S. 61-64.
PEDAGOGY AND LAW
MESHEV Islam Khasanbievich
Ph.D. in pedagogical sciences, Deputy Head of Physical training sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, major of police
SOME PROBLEMS OF TEACHING THE PERFORMANCE OF THROWS FOR POLICE OFFICERS IN PHYSICAL TRAINING CLASSES
In the process of physical training of police officers, it is necessary to form precisely those skills that have an effective effect against offenders. Throws are of particular importance in this case, since their use in extreme situations is more effective than any other technique. In this regard, the task of forming the tactical and technical foundations for the use of throws by police officers who are students of initial training programs, professional retraining, as well as advanced training courses in educational organizations of the Ministry of Internal Affairs of Russia is being updated. The solution of this problem falls on the shoulders of physical training teachers. It has been established that for the formation of skills and abilities in possession of throwing techniques, exercises from the section on improving special physical strength, i.e. those qualities that are directly necessary to perform specific techniques, should be used. It is concluded that in order to improve the acquired skills and abilities, it is advised to use the methods of practicing throwing exercises, which are used by judo and sambo wrestlers.
Keywords: police officers, throws, sambo, judo, educational and training process, detention of offenders.
Reference list
1. Barabanov N. O. Some problems of teaching throwing technique to cadets of universities of the Ministry of Internal Affairs of Russia // In the collection: Topical issues of improving the special training of cadets and students of educational organizations of the system of the Ministry of Internal Affairs of Russia. Materials of the All-Russian scientific-practical conference. Editorial Board: E. E. Vityutnev, I. V. Podporin, V. A. Mikhailyuk [and others]. – Krasnodar, 2022. – P. 19-22.
2. Guralev V. M., Osipov A. Yu., Shnarkin S. M. Substantiation of the expediency of training and use of throwing equipment by police officers // Problems of modern pedagogical education. – 2018. – No. 60-2. – P. 113-117.
3. Kubeev A. Zh., Ivanchenko E. S. The problem of teaching throwing technique to cadets of educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2021. – No. 10 (161). – P. 483-484.
4. Kuzminykh S. V., Gorin R. P. Problems of organization of physical training in the Department of Internal Affairs // In the collection: Anthropic educational technologies in the field of physical culture. Collection of articles based on materials of the VII All-Russian Scientific and Practical Conference. – Nizhny Novgorod, 2021. – P. 180-184.
5. Muslimov R. A. The use of sambo throws in the physical training of police officers // Vestnik TyumenInstitute of advanced training of employees of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (11). – P. 144-148.
6. Panferov R. G. About some problems arising in the process of teaching throwing technique to cadets of educational organizations of the system of the Ministry of Internal Affairs of Russia // Public safety, law and order in the III millennium. – 2019. – No. 5-3. – P. 273-276.
7. Tashchiyan A. A., Lapshin I. E. Substantiation of the expediency of training and use of throwing equipment by police officers // In the collection: Improving the physical training of law enforcement officers. Collection of articles of the All-Russian round table. Editorial board: S. N. Barkalov (chairman) [and others]. – Eagle, 2021. – S. 188-192.
PEDAGOGY AND LAW
MIKHAYLOV Artem Olegovich
magister student of the Institute of Chemical Technology and Engineering of the Sterlitamak branch of the Ufa State Petroleum Technical University
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Sterlitamak branch of the Ufa State Petroleum Technical University
INTERACTION OF CULTURES IN MODERN CONDITIONS
According to the title the article discusses the problems arising between representatives of different nationalities and cultures. The article is dedicated to the problems of intercultural communication among various segments of the population. Based on theoretical analysis and practical experience factors are identified that have a negative impact on intercultural communication. Various linguistic and conceptual barriers that may arise during communication and interaction are analyzed. Much attention is paid to possible problems, peculiarities of situations and difficulties that participants in the process may face. At the moment there are a huge number of diverse cultures around the world which will only increase in the future and makes it necessary to solve the problems of interaction between their carriers in various fields of activity.
Keywords: communication, language barrier, interaction, culture, subculture, information exchange, cultural exchange.
Reference list
Ionin L.G. Sociology of culture. – M.: Logos, 1996. – S. 17-19
Latypova E. R., Dorofeeva M. Yu. The relevance of intercultural communication for modern society. // Collection of materials of the All-Russian scientific-practical conference with international participation. – 2021. – P. 10-11.
Latypova E. R. Formation of intercultural communication skills of bachelors in the process of teaching a foreign language in a modern university / E.R. Latypova // Bulletin of the Maikop State Technological University. – 2015. – P.74–76.
Latypova E. R., Sarebu V. P. Overcoming the barrier in intercultural communication // Notes of a scientist. – 2020. – P. 311-314
Latypova E.R., Rizvanova E.R. From the foundations of the theory of intercultural communication // Experience in creating and implementing technological innovations in education: materials of the Intern. scientific-practical. conf. (Cheboksary, October 27, 2017) / Ed.: L. A. Abramova [and others]. – Cheboksary: Publishing House “Sreda”, 2017. – P. 124-127. – ISBN 978-5-9500853-5-2.
Nelson T.D. Psychology of prejudice. Secrets of patterns of thinking, perception and behavior. St. Petersburg: Prime-Eurosign, 2003. 384 p.
Tsareva M.A., Intercultural communication and dialogue of cultures / Monograph. – Khabarovsk: FEGU, 2006.
Yakobson R. Linguistics and its relation to other sciences // Selected Works. – S., 1985. – S. 369-430.
PSYCHOLOGY AND LAW
SOLOVJEVA Anzhelika Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Psychology of education and organizational psychology sub-faculty of the Don State Technical University
PILIPENKO Natalya Anatoljevna
Ph.D. in philological sciences, associate professor of Linguistics and foreign languages sub-faculty of the Rostov branch of the Russian State University of Justice
TECHNIQUES OF NEURO-LINGUISTIC PROGRAMMING IN LEGAL DISCOURSE
This article discusses special tactical techniques implemented at the level of communications that contribute to the effectiveness of legal activity. The authors pay special attention to the possibility of using techniques and methods of neuro-linguistic programming by practicing lawyers in the framework of a trial and during investigative activities.
Keywords: speech influence, neurolinguistic programming techniques, legal discourse.
Reference list
1. Katermina V. V., Safronova T. S. Mechanisms of suggestive influence in legal discourse // Bulletin of the Volgograd State University. Series 2, Linguistics. -2017. – V. 16. No. 3. – P. 142–152.
2. Maltseva V. A. Strategies of speech influence in professional communication: on the example of legal discourse: author. dis. … cand. philol. Sciences. – Chelyabinsk, 2011.
3. Nikolashkina V. E., Sheraizina R. M., Donina I. A. Professional and communicative competence of future lawyers as a subject of interdisciplinary research // Modern problems of science and education. – 2016. – № 6.
4. NLP: A Practical Guide to Achieving Your Desired Results / Joseph O’Connor. – Per. from English. T. Novikova. – M .: “Izd. FAIR”, 2007. – P. 10.
5. O’Connor J., Seymour D. Introduction to Neuro-Linguistic Programming. How to understand people and influence people. – Chelyabinsk: A. Miller Library, 1998. – 272 p.
6. Psychology of discourse: problems of determination, impact, security / Ed. A. L. Zhuravleva, N. D. Pavlova, I. A. Zachesova. – M.: Publishing House “Institute of Psychology of the Russian Academy of Sciences”, 2016. – 315 p.
7. Sternin I. A. Speech influence as a theoretical and applied science // Theoretical and applied problems of linguistics. – Voronezh: Origins, 2008. – P. 238-353.
8. Shelestyuk E. V. Speech impact: ontology and research methodology. – 2nd ed., Rev. and additional – M.: FLINTA: Nauka, 2014. – 344 p.
9. Yakusheva T. V., Gorovaya V. Yu., Gorovoy S. A. Application of methods of neurolinguistic programming in the criminal process // Humanitarian, socio-economic and social sciences. – 2019. – No. 10. – P. 221-224.
10. Menn L. (2012). neurolinguistics. Linguistic Society of America. – [Electronic resource]. – Access mode: https://www.linguisticsociety.org.
PSYCHOLOGY AND LAW
LE Minh Phuong
magister of the Law Faculty of the Academy of People’s Security
NGUYEN Duc Manh
bachelor of VB2TMK1 Group of the Academy of People’s Security
FACTORS AFFECTING THE ADAPTABILITY TO LEARNING AND TRAINING OF FIRST-YEAR STUDENTS OF VIETNAM PEOPLE’S SECURITY ACADEMY
The article aims to find out the adaptability in learning and training of first-year students of People’s Security Academy. From the specific characteristics and factors affecting the adaptability of the first-year students, the article proposes some solutions to improve the adaptability of the first-year students of the People’s Security Academy.
Keywords: psychological measures, adaptability, learning and training.
Reference list
1. Nguyen Thanh Binh. Life skills training textbook. Hanoi: Hanoi Normal University Press, 2007. 102 p.
2. Tran Thi Minh Duc. A study of the adaptation of first-year students of the Hanoi National University to the university environment. Special research project at the national university level. Hanoi, 2004. 357 p.
3. Nguyen Thi Thien Kim. Psychological difficulties in the educational activities of first-year students of the Pedagogical University of Ho Chi Minh City. Master’s dissertation. 2007. 92 p.
4. Do Man Tong. Research on adaptation to training and education of cadets in military officer schools. Doctoral dissertation. Academy of Military Policy, 1996. 157 p.
5. Nguyen Khac Vien. Psychological dictionary. Children’s Research Center. Publishing House “Culture and Information”, 2001. 520 p.
ECONOMY. RIGHT. SOCIETY
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, senior lecturer of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
BASHIRINA Evgeniya Nikolaevna
Ph.D. in political science, associate professor of Economic and legal security sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
KHAKIMOV Ruslan Miratovich
Ph.D. in technical sciences, associate professor of Quality management sub-faculty of the Faculty of Engineering of the Ufa University of Science and Technology
ABRAMOV Ivan Romanovich
student of the “Information security” training course of the Institute of History and Public Administration of the Ufa University of Science and Technology
ECONOMIC SECURITY AND SOCIAL STABILITY OF RUSSIAN SOCIETY
Economic security, as the most significant segment of national security, is becoming particularly relevant in the conditions of economic pressure from Western countries and economic wars (sanctions pressure) unleashed by Western countries. The object of the study is national security as a necessary element of the stability of modern society. The subject of the study is economic security as the most significant segmentt of national security that determines the sustainability and development of modern society. The purpose of the study is to reveal the content of the category of economic security in connection with the social stability of modern Russian society. Research results: 1. The content of the stability of socio-economic systems is disclosed; 2. The content of the elements of economic security as a factor of countering the sanctions pressure of Western countries is disclosed; 3. It is determined that economic security and social stability are inextricably linked categories that determine the effectiveness of each other’s functioning.
Keywords: national security, social security, information security, social effect, socio-economic system.
Reference list
1. Gilmutdinova R. A., Khanova I. M., Sibagatullina R. M., Abramova S. R. The dual unity of social and economic security as compensation for the growth of external threats // Discussion. – 2022. – No. 5 (114). – S. 71-78. DOI 10.46320/2077-7639-2022-5-114-71-78. – EDN HUHVMU.
2. Matveev A. E., Sysoev S. P., Matveev I. A. Formation of elements for ensuring the economic security of large-scale economic systems // Discussion. – 2022. – No. 3 (112). – S. 58-66. DOI 10.46320/2077-7639-2022-3-112-58-66. – EDN COXQUH.
3. Gaifullin A. Yu. A methodological approach to assessing the social sustainability of territorial entities. Proceedings of the Ufa Scientific Center of the Russian Academy of Sciences. – 2016. – No. 1. – P. 104-109. – EDN VQUKFR.
ECONOMY. RIGHT. SOCIETY
GALLYAMOVA Alina Rimovna
Ph.D. in sociological sciences, associate professor of the Ufa State Petroleum Technical University
GUSEVA Anna Alekseevna
Head of the Laboratory of Business Technology Development of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
GALLYAMOV Rem Timurovich
student of the Faculty of Psychology of the Ufa University of Science and Technology
DIGITALIZATION OF THE ECONOMY: BACKGROUND, TRENDS, PROSPECTS AND RISKS
The article raises the problem of the process of introducing digital technologies into the economy through the development of advanced production technologies, end-to-end information technologies, neurotechnologies, the Internet of things and artificial intelligence. The prerequisites and trends of the digitalization of the economy are considered. The authors analyze the pace of development of information technologies and their impact on the digitalization of the economy.
Keywords: digitalization, information technologies, digital space, digitalization of the economy, electronic economy, digital technologies.
Reference list
1. Okinawa Charter for the Global Information Society, July 21, 2000. [Electronic resource]. – Access mode: http://base.garant.ru/2560931/.
2. Abdrasilova G. S., Umnyakova N. P., Kakimzhanov B. Digitalization of the economy and the digital environment of modern architecture // Biospheric compatibility: man, region, technologies. – 2020. – № 1. – С.3-13.
3. Avdeeva I. L., Golovina T. A., Parakhina L. V. Digital transformation of economic processes: opportunities and threats // Financial business. – 2020. – № 1. – С.3-7.
4. Blanutsa V. I. Territorial structure of the Russian digital economy: preliminary delimitation of “smart” urban agglomerations and regions // Spatial Economics. – 2021. – № 2. – С.17-35.
5. Bokov S.I. On the role of ensuring the control system of the digital economy of Russia based on the organization of a single information space // Nanondustriya. – 2020. – V. 12 (Special issue). – P. 135-139.
6. Bondarik V. N., Kudryavtsev A. V., Loshchinin A. A. Some information and technological aspects of the digital economy // Microeconomics. – 2022. – № 4. – S. 67-71.
7. Brynjolfson E., McAfee E. The second era of machines: work, progress and prosperity in the era of new technologies: Per. from English. – M.: AST, 2021. – 382 p. – (The future is already here) (Polytech) (New York Times bestseller).
8. Vaypan V. A. Fundamentals of legal regulation of the digital economy // Law and Economics. – 2020. – No. 11. – P. 5-18.
9. Vasilenko I. A. “Smart city” as a socio-political project: opportunities and risks of smart technologies in urban rebranding // Power. – 2020. – No. 3. – P. 13-19.
10. Veduta E. N. The digital economy will lead to an economic cyber system. life. – 2020. – No. 10. – P. 87-102.
11. Negroponte, Nicholas. Be digital. old books. – 2019. – 256 rubles. ISBN 0-679-43919-6.
ECONOMY. RIGHT. SOCIETY
GVOZD Alina Alexandrovna
student of the 1st course of Management sub-faculty of the Irkutsk National Research Technical University
BEREZHNYKH Mariya Valerjevna
Ph.D. in economic sciences, Head of Management sub-faculty of the Irkutsk National Research Technical University
ON THE ROLE OF UNIVERSITIES IN THE FORMATION OF ENVIRONMENTAL THINKING IN SOCIETY (PRACTICE OF THE FEDERAL STATE BUDGETARY EDUCATIONAL INSTITUTION OF HIGHER EDUCATION “IRNITU”)
At present, the principles of greening are actively developing in many areas of human activity, and institutions of higher education are no exception. For the latter, the concept of so-called “green universities” has been developed, the essence of this concept is the introduction of “green” administration standards in higher education institutions and the formation of environmental thinking in the university community. In addition to environmental thinking, students who take part in the Green Universities program develop environmental competence, namely, the ability to apply skills and subject knowledge to design and organize environmentally friendly activities in the interests of sustainable development.
The article highlights the problematic issues and prospects for the transformation of the methodology and practice of ensuring the implementation of the principles of sustainable development of the concept of “Green Universities”.
Keywords: higher education, ecological thinking, students’ competencies, “green universities”, ecologization.
Reference list
1. Alshuwaikhat H. M., Abubakar I. An integrated approach to achieving campus sustainability: assessment of the current campus environmental management practices // Journal of Cleaner Production. – 2016. – No. 16 (16). – R. 1777-1785.
2. Blok V., Wesselink R., Studynka O., Kemp R. Encouraging sustainability in the workplace: a survey on the proenvironmental behavior of university employees // Journal of Cleaner Production. – 2015. – No. 106. – R. 55-67.
3. Bowler D. E., Buyung-Ali L. M., Knight T. M., Pullin A. S. A systematic review of evidence for the added benefits to health of exposure to natural environments // BMC Public Health. – 2010. – No. 10 (1). – R. 45-57.
4. Geng Y., Liu K., Xue B., Fujita T. Creating a “green university” in China: a case of Shenyang University // Journal of Cleaner Production. – 2013. – No. 61. – R. 13-19.
5. Sharp L. Green campuses: the road from little victories to systemic transformation // International Journal of Sustainability in Higher Education. – 2002. – No. 3 (2). – R. 128-145.
6. Tan H., Chen S., Shi Q., Wang L. Development of green campus in China // Journal of Cleaner Production. – 2014. – No. 64. – R. 646-653.
7. “Reports on the activities of IRNITU in the field of sustainable development for 2019, 2020, 2021”. [Electronic resource]. – Mode of access: https://www.istu.edu/ob_irnitu/ustoychivoe_razvitie/programma_i_otchety.
ECONOMY. RIGHT. SOCIETY
EVDOKIMENKO Sofya Sergeevna
student of the 1st course of Management sub-faculty of the Irkutsk National Research Technical University
BEREZHNYKH Mariya Valerjevna
Ph.D. in economic sciences, Head of Management sub-faculty of the Irkutsk National Research Technical University
THE EXPEDIENCY OF USING THE PRINCIPLES OF ENVIRONMENTAL MANAGEMENT IN THE ACTIVITIES OF ENTERPRISES
The article discusses the concept of environmental management, its features, the history of its appearance in the modern world, as well as the principles of environmental management. The solution of global and local economic problems involves the use of a wide arsenal of scientific, technical and other methods, in particular, the development of the theory and practice of environmental management. The development of the theoretical foundations of environmental management, its development and implementation in management activities is an important task.
Keywords: eco-management, enterprise, ecology, environmental protection measures.
Reference list
1. Daiman S. Yu., Ostrovkova T. V., Zaika E. A., Sokornova T. V.; Ed. S. Yu. Daiman // Systems of environmental management for practitioners – M.: Publishing house of the RKhTU im. D. I. Mendeleev, 2004. – P. 13.
2. Prituzhalova OA Ecological management and audit: textbook for universities. – M.: Yurait Publishing House, 2023. – P. 20-30.
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4. Tasks and objectives of environmental management. – [Electronic resource]. – Access mode: https://www.diadoc.ru/articles/37509-chto_takoe_ekologicheskij_management#:~:text=Environmental management is an integrated approach to which causes an ideacompany’s activity in nature (date of access: 27.04.2023).
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6. Report on the implementation of environmental and social measures of INK LLC in 2021. – [Electronic resource]. – Access mode: https://irkutskoil.ru/upload/iblock/459/t61spyi845sclflgl4wrf5trxou3r2rh.pdf (date of access: 04/27/2023).
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8. Gazprom Group 2021 Sustainability Report. – [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/57/982072/sustainability-report-ru-2021.pdf (date of access: 27.04.2023).
9. Novocheboksarsky Khimprom reduced the emission of harmful substances into the atmosphere by 20%. – [Electronic resource]. – Access mode: https://www.ecoindustry.ru/NEWS/view/51562.html.
10. Report on the state of environmental safety of PJSC NCCP. – [Electronic resource]. – Access mode: https://www.nccp.ru/upload/iblock/453/17rsagf1d84f2dp34fz2by3k68sl2t0h.pdf.
11. Energy Policy of PJSC MMK. – [Electronic resource]. – Access mode: https://mmk.ru/upload/iblock/efb/q2vsazcun7b3q4bsgbh7og1bzd71u12y/Energeticheskaya-politika.pdf.
12. Waste management of PJSC MMK. – [Electronic resource]. – Access mode: https://mmk.ru/ru/sustainability/ecology/waste-management/
13. Climate Strategy of PJSC MMK. – [Electronic resource]. – Access mode: https://mmk.ru/ru/sustainability/ecology/climate-strategy/
14. Key environmental indicators of NMLK Group. – [Electronic resource]. – Access mode: https://nlmk.com/en/sustainability/environment/key-environmental-indicators/
15. Atmospheric air. – [Electronic resource]. – Access mode: https://nlmk.com/en/sustainability/environment/environmental-development/atmospheric-air/
16. Impact of chemical industry enterprises on the environment. – [Electronic resource]. – Access mode: https://spravochnick.ru/ekologiya/ekologicheskie_problemy_razlichnyh_otrasley_promyshlennosti/vliyanie_predpriyatiy_himicheskoy_promyshlennosti_na_okruzhayuschuyu_sredu/
17. Environmental management. – [Electronic resource]. – Access Mode: https://studwood.net/595255/management/vyvody.
18. The impact of metallurgy on the environment. – [Electronic resource]. – Access mode: https://laboratoria.by/stati/metallurgiya-i-priroda.
19. Four laws of ecology by Barry Commoner. – [Electronic resource]. – Access mode: https://ecologynow.ru/knowledge/tehnologii-i-ekologia-goroda/cetyre-zakona-ekologii-barri-kommonera.
ECONOMY. RIGHT. SOCIETY
DATSENKO Sergey Vitaljevich
associate professor Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University, Director of Programs on Cross-functional Development of the MTO of Gazprom Neft PJSC,
NAUMENKO Maxim Viktorovich
Head of the Dynamic Equipment Department of Gazpromneft-Supply LLC
TECHNICAL EVALUATION OF SUPPLIERS. MAIN ASPECTS AND TOPICAL ISSUES
The importance and significance of the supply division is due to the fact that the reliability of the selected supplier, the quality of the products manufactured by him and the cost of the supplied equipment, materials and raw materials are those components that affect the success and effectiveness of the projects implemented in the Company and the Company’s activities as a whole. In the article, the authors consider the main aspects and topical issues with regard to the topic under discussion.
Keywords: fuel and energy complex companies, supplier, material and technical resources, procurement activities, audit, standard.
Reference list
1. GOST R 58920-2021 “Technical and technological audits. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1200181014.
2. STO ISM – 03 – 2023 Organization Standard. Internal audits.
3. Linders M., Johnson F., Flynn A., Fearon G. Procurement and supply management: A textbook for university students studying economics and management (080100), “Commerce” (080300), “Logistics” (080506) / Per. from English. ed. Yu. A. Shcherbanin – 13th ed. – M.: UNITI-DANA, 2020. – 751 p.
4. Technical audit. [Electronic resource]. – Access mode: https://glavkniga-ru.turbopages.org/glavkniga.ru/s/situations/s504652.
ECONOMY. RIGHT. SOCIETY
KRETOVA Anastasia Yurjevna
Ph.D. in economic sciences, associate professor of Marketing and municipal management sub-faculty of the Tyumen Industrial University
SOCIAL EFFICIENCY OF RUSSIAN OIL AND GAS SECTOR ENTERPRISES
The social efficiency of oil and gas sector enterprises is a complex characteristic that determines the well-being of public and environmental space. The oil and gas sector, as the main source of revenue from the budget, determines the social, economic and environmental stability in the country, which actualizes the problems of the issues under consideration. The object of the study is the oil and gas complex, as a branch of management that ensures the production and economic activity of the complex economic of Russia. The subject of the study is the social aspects of the functioning of the Russian oil and gas complex. The purpose of the study is to consider the content of the social efficiency of the functioning of the oil and gas complex as a complex interdisciplinary concept. The study argues that social efficiency is closely related to the social responsibility of business. It is also argued that social efficiency determines the energy security of the country. The study also highlights the elements that determine the social efficiency of the Russian oil and gas sector.
Keywords: social effect, environmental well-being, energy security, social responsibility, resource limitation.
Reference list
1. Khairullin V. A., Akhundov E. R., Kuznetsov D. V., Zentsov V. N. Evaluation of the social and budgetary effect in the implementation of investment projects of a cost type in construction. – Kazan: Buk Limited Liability Company, 2021. – 226 p. – ISBN 978-5-00118-689-2. – EDN UJFIKO.
2. Kuzmina Yu. M. Social responsibility of oil and gas industry enterprises // Bulletin of the Kazan Technological University. – 2014. – T. 17. No. 19. – P. 408-414.
3. Peshkova G. Yu., Supataev T. M. Methodological support of the system for ensuring the economic security of an oil and gas industry enterprise // Proceedings of the St. Petersburg State University of Economics. – 2022. – No. 2 (134). – pp. 74-78.
ECONOMY. RIGHT. SOCIETY
KUZNETSOVA Karina Viktorovna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Oryol State University
KHACHATRYAN Olesya Alexandrovna
Ph.D. in economical sciences, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Oryol State University
STAFF MOTIVATION AS A WAY TO IMPROVE THE QUALITY OF HUMAN CAPITAL
This article explores an urgent topic related to a decrease in satisfaction with the motivation system among employees of Russian enterprises. The relationship between motivation and human capital of personnel is considered. The methods of motivation that ensure the improvement of the quality of human capital in modern conditions are proposed.
Keywords: motivation, human capital, quality of human capital, methods of motivation.
Reference list
1. Volgin N. A. Pay and labor productivity: problems of theory and practice, their relationship and interdependence // Collection of articles of the international conference session “Public administration and development of Russia: designing the future”. – Moscow, 2022. – P. 775-784.
2. Kovalenko T. V., Zalozh K. A. The place and role of the concept of “human capital” in the system of economic categories // Proceedings of the VIІ International Scientific and Practical Conference “Sustainable Development Strategy in Anti-Crisis Management of Economic Systems”. – Donetsk, 2021. – P. 398-402.
3. Leader V. A. Motivation of staff work and management efficiency // Metallurg. – 2004. – No. 6. – P. 8.
4. Khachatryan O. A. Strategic directions for changing the requirements for the quality of human capital of workers in the field of general and vocational education in a post-industrial economy: dis. … cand. economy Sciences. – Oryol., 2015. – 209 p.
ECONOMY. RIGHT. SOCIETY
UGURCHIEV Omar Bashirovich
Ph.D. in economic sciences, professor, Head of State and municipal administration sub-faculty of the Ingush State University
UGURCHIEVA Rukiat Omarovna
Ph.D. in economical sciences, associate professor of State and municipal administration sub-faculty of the Ingush State University
VOLOV Murat Anatoljevich
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
FEATURES OF STATE REGULATION OF INVESTMENT AND INNOVATION POLICY IN THE REGION
The investment and investment policy of the regions generally forms the investment and innovation climate in the state. The most important instrument for the development of innovations and investments in the regions is precisely the state support measures. Only through state support is it possible to develop innovations. The state, through the development of strategies, development programs and financing, contributes to the development of innovation and investment policy in the regions. It should be noted that the development of innovation and investment has a direct relationship, so investment is the tool for the development of innovation in the modern economy, so it is additional financial resources that can contribute to the development of innovation. The Russian Federation is a federal state in which a large number of regions differ in the level of economic, social, scientific, innovative and investment levels of development. In this connection, the regions differ from each other in terms of their innovative and investment attractiveness. The most important factor influencing the level of development of innovations and investments in the region is also the implemented state policy in the regions.
Keywords: investments, innovations, public policy, finances, investment attractiveness, investment activity, risks, investors.
Reference list
1. Akberdina V. V., Korovin G. B., Dzyuba E. I. Mechanisms of public administration in the field of scientific and technological development // Issues of state and municipal management. – 2020. – No. 4. – P. 111-140.
2. Ershova M. L. Management of innovations: teaching aid. – Kostroma: KSU im. N. A. Nekrasova, 2020. – 26 p.
3. Tsvetkova Yu. V. Problems and prospects for the development of state regulation of innovation processes in the economy // Beginning in science: 83 materials of the international scientific and practical conference. – M., 2017. – S. 154-157.
4. Shmatko A. D., Dzhanelidze M. G. Methods of state regulation of innovation activity // Development of the economy in an unstable international political situation: a collection of scientific articles. – St. Petersburg, 2016. – S. 66-70.
ECONOMY. RIGHT. SOCIETY
MEHDIYEV Seymour Tajaddin ogly
magister student of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical University
SULEYMANOVA Failya Khalimovna
magister student of the Institute of Petroleum and Gas Business of the Ufa State Petroleum Technical 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
VISUAL BRAND COMMUNICATIONS AND THEIR IMPACT ON THE PSYCHOLOGY AND ECONOMIC OUTLOOK OF THE CONSUMER
The media perspective has been dramatically modeled with the advent of digital media in the early 21st century. Improved technologies and interaction with client technologies and other use cases include the use of media. Audio and impact communication strategies in marketing is understanding display advertising such as SEO (search engine optimization), pay per click advertising, digital public relations (DPR) and more. Particular attention in this article is given to the description of market marketing strategies using audio and visual technologies and their implementation by marketing professionals for a wide coverage of consumers and consumers.
Keywords: audiovisual communications, promotion of goods and services, digital marketing, marketing strategy, customer focus, media.
Reference list
1. Audiovisual Branded Content and interactive systems: reflections on the online customer engagement 1. – [Electronic resource]. – Access mode: https://www.scielo.br/j/interc/a/VYJHX3xXksjLB3nxSG9HnVx/?format=pdf&lang=en (accessed 04/01/2023).
2. Brand management: theory and practice. – [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=41369455 (date of access: 02/13/2023).
3. Integrated marketing communications. – [Electronic resource]. – Access mode: https://core.ac.uk/download/pdf/196277134.pdf (accessed 13 Feb 2023).
4. Bakulina A. A., Sokolova E. S. Research of the world and domestic experience in managing the processes of diversification of defense industry enterprises in the digital economy // National Security / Nota bene. – 2019. – No. 5. – P. 1-9.
5. Kolokoltseva K R. Marketing communications in social media as an effective tool for brand promotion (general characteristics) // Medialmanakh. – 2022. – No. 4 (111). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/marketingovye-kommunikatsii-v-sotsialnyh-media-kak-effektivnyy-instrument-prodvizheniya-brenda-obschaya-harakteristika (date of access: 03/09/2023).
ECONOMY. RIGHT. SOCIETY
ORLOVA Darina Sergeevna
student of the Baikal State University, Irkutsk
SHASTINA Anzhelika Razmikovna
senior lecturer of Legal support of national security sub-faculty of the Baikal State University, Irkutsk
FAKE NEWS IN THE ECONOMY: CREATING EXCESSIVE DEMAND FOR EXTRA PROFIT
The authors analyze the use by unscrupulous subjects of entrepreneurial activity of such a tool for obtaining superprofits as fake news or “fake news”. The main problems that arise in practice in the process of countering the spread of fake news are highlighted. The analysis of the reasons that contribute to the use and dissemination of fake news in the conditions of modern economy and technological progress is carried out. The conclusion is made about the need to strengthen the fight against the phenomenon under consideration and recommendations are formulated for further improvement of measures, including those contributing to the prevention of the spread of fake news.
Keywords: fake news, disinformation, superprofit, advertising, mass media, social networks.
Notebook biography
1. Burbyka M. M., Kulish A. N., Reznik O. N., Solonar A. V. Features of countering hidden advertising of narcotic drugs // Criminological journal of the Baikal State University of Economics and Law. – 2015. – V. 9. No. 2. – S. 334-342.
2. Kuprin A. A. et al. Economy: textbook / A. V. Buga, I. I. Grozavu, T. V. Danilova, L. V. Dorofeeva, V. S. Kudryashov, A. A. Kuprin , A.D. Shmatko; ed. A. A. Kuprin; Sosnovoborsk branch of the RANEPA. – St. Petersburg: Asterion, 2018. – 456 p.
3. Kyshtymova E. S. Formation of psychological media competence of specialists in the field of advertising and public relations // Baikal Research Journal. – 2021. – T. 12. – No. 4.
4. Moskalev M. V. Features and trends in the formation of consumer demand and supply in the food markets. Izvestia of the St. Petersburg State Agrarian University. – 2016. – No. 43. – P. 164-169.
5. Nosova S. S. Economic theory: textbook. – 4th ed., Sr. – Moscow: KNORUS, 2017. – 792 p.
6. Rubtsova N. V., Solodukhin K. S. In-game advertising: consumer perception and effectiveness // Baikal Research Journal. – 2022. – T. 13. – No. 2.
ECONOMY. RIGHT. SOCIETY
PSHIBYLSKIY Daniil Yurjevich
magister student of the 1st course of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technological University
THE ROLE OF A MENTOR IN THE ADAPTATION OF THE ORGANIZATION’S EMPLOYEES
The article discusses the problems of adaptation of new employees of the organization and ways to overcome them through the introduction of mentoring practices. The mentor, acting as an assistant for a new employee, ensures his accelerated training and introduction into the workflow, acquisition of necessary knowledge and gaining experience. Thanks to this method, the organization is able to avoid additional difficulties in both economic terms due to continuous development and the absence of significant costs for training new employees, and in the issue of ensuring personnel policy for adaptation.
Keywords: personnel management, mentoring, adaptation of employees, organization development.
Reference list
1. Emelyanova A. D. Mentoring as a method of adaptation of the personnel of the organization // Psychology of personnel management and social entrepreneurship in the context of changes in the technological structure. – Nizhny Novgorod: UNN them. N. I. Lobachevsky. – 2019. – P. 489-497.
2. Krasnikova Ya. V. Mentoring as a way to improve the efficiency of the use of enterprise personnel // Professional orientation. – 2017. – P. 230-233.
3. Seliverstova M. V., Belyaeva D. A. Comparative analysis of mentoring models in modern conditions // International Journal of Humanities and Natural Sciences. – 2019. – P. 110-116.
4. Sizonenko R. V. Institutionalization of mentoring in modern socio-economic conditions // Society: sociology, psychology, pedagogy. – 2021. – No. 8. – P. 92-95.
ECONOMY. RIGHT. SOCIETY
SAFINA Rezeda Raisovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
LIU Qiannan
magister studentnt of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
THE STRATEGIC OUTLOOK FOR AUDIT DEVELOPMENT
The article discusses the prerequisites for promoting the strategic transformation of information technology in the audit industry, explores the path of strategic transformation in audit by analyzing examples of information technology transformation in audit companies.
Keywords: information technology, audit, innovative tools, strategic transformation, digital technologies.
Reference list
1. Alvin Toffler, The Third Wave. – New York: William Morrow and company, INC., 1980. – 530 p. – ISBN 0-688-03597-3.
2. Marinina M. D. Main problems and prospects of the audit digitalization process // Economics and business: theory and practice. – 2022. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osnovnye-problemy-i-perspektivy-protsessa-tsifrovizatsii-audita.
3. Yakimova V. A. Opportunities and prospects for the use of digital technologies in auditing // Bulletin of St. Petersburg University. Economy. – 2020. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozmozhnosti-i-perspektivy-ispolzovaniya-tsifrovyh-tehnologiy-v-auditorskoy-deyatelnosti.
4. Deloitte official site. – [Electronic resource]. – Access Mode: https://kirasystems.com/resources/case-studies/deloitte/
5. PwC official website. – [Electronic resource]. – Access mode: https://h2o.ai/company/
6. Tafft, M. Robotic process automation (RPA) [Electronic resource] / M. Tafft, C. Flynn – EY. – [Electronic resource]. – Access Mode: https://www.ey.com/en_gl/tax/robotic-process-automation-rpa.
7. Rob Sanderson KPMG and IBMDriving innovation through digital acceleration. – [Electronic resource]. – Access Mode: https://kpmg.com/xx/en/home/about/alliances/ibm.html.
8. Bazerbashi Mohamad Strategic audit in conditions of automated information processing // Moscow Economic Journal. – 2020. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strategicheskiy-audit-v-usloviyah-avtomatizirovannoy-obrabotki-informatsii.
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher 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 the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the penitentiary 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 Scientific Research Institute of the FPS of Russia
MONTLEVICH Tatyana Andreevna
leading specialist of the Department of Economic Analysis of the Financial and Economic Department of the FPS of Russia
THE IMPORTANCE OF BUDGET REPORTING INDICATORS IN THE FOOD SUPPLY SYSTEM OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION
The article deals with the issues of reporting “Information on the movement of non-financial assets in terms of the movement of food” (f. 0503168), which are formed by the recipient of budget funds as part of the annual reporting. Currently, the Ministry of Finance of the Russian Federation plans to make adjustments to this information. The article deals with the issues of filling out this form in the institutions of the penal system of the Russian Federation. It is also shown that the planning, financing and control of food supply in the system depends on the informativeness and reliability of this accounting.
Keywords: budget, stocks, accounting statements, non-financial assets, penal enforcement system.
Reference list
1. Budget Code of the Russian Federation No. 145-FZ dated July 31, 1998 (as amended on December 28, 2022) (as amended and supplemented, effective from January 1, 2023) // SPS ConsultantPlus.
2. Order of the Federal Penitentiary Service of Russia dated December 26, 2018 No. 1382 “On approval of the statistical reporting form Tyl-15 “Report on carry-over stocks of food in the warehouses of penitentiary institutions” and instructions for filling out and submitting it.”
3. Order of the Ministry of Finance of the Russian Federation dated December 28, 2010 No. 191n “On approval of the Instruction on the procedure for compiling and submitting annual, quarterly and monthly reports on the execution of budgets of the budget system of the Russian Federation” (with amendments and additions) // ATPConsultantPlus.
ECONOMY. RIGHT. SOCIETY
CHELPANOVA Marina Mikhaylovna
Ph.D. in economical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
KORENYUGIN Vitaliy Valerjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
IMPORT SUBSTITUTION AS A FACTOR IN THE DEVELOPMENT OF THE RUSSIAN ECONOMY
The article examines the current state of import substitution in the country. The main directions and goals of the state policy of import substitution in Russia at the present stage are considered. The analysis of the state policy of import substitution is carried out, the main achievements of Russia in this direction, as well as difficulties and shortcomings are revealed. The positive and negative sides of the import substitution policy are revealed.
Keywords: import substitution, import substitution prospects, state programs, domestic production, Russian economy, innovative technologies.
Reference list
1. Report on the results of monitoring the development of the Russian industry // Institute of Economic Policy. E. T. Gaidar. [Electronic resource]. – Access mode: https://www.iep.ru/ru/sobytiya/sergey-tsukhlo-vystupil-na-seminare-po-ekonomike-i-energetiki-i-okruzhayushchey-sredy-v-mshe-mgu-im- m-v-lomonosova.html (date of access: 28.01.2023).
2. Kirilenko Ya. V. The main stages of the import substitution policy as a tool for ensuring the economic security of the Russian Federation. Innovatsionnaya nauka. – 2022. – No. 11-1. – P. 43.
3. Popova I. N., Sergeeva T. L. Import substitution in modern Russia: problems and prospects // Beneficium. – 2022. – No. 2 (43). – P. 73.
4. Tumanyan Yu. R., Industriev M. A. Import substitution as a factor in the innovative development of the Russian economy. Izv. Sarat. University Nov. ser. Ser. Economy. Control. Right. – 2022. – No. 4. – P. 396.
5. Federal Service for Intellectual Property of Russia (Rospatent): [website]. [Electronic resource]. – Access mode: https://rospatent.gov.ru/ru/about/reports (date of access: 01/30/2023).
ECONOMY. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty of the Tyumen Industrial University
CHUMLYAKOVA Darya Vladimirovna
Ph.D. in economical sciences, associate professor of Economics and production organization sub-faculty of the Tyumen Industrial University
INTERNATIONALIZATION OF THE NORTHERN SEA ROUTE: OPPORTUNITIES AND OBSTACLES
The article is dedicated to the search for opportunities and obstacles for the internationalization of the Northern Sea Route (NSR), which is the basis of the transport infrastructure of the Russian Arctic and has significant potential when used as a transit international transport corridor. Freight traffic along the NSR has been studied. Possible prospects for expanding activities, developing the transit of goods and the export of transport services have been identified. At the same time, the obstacles to the internationalization of the NSR, associated with certain shortcomings and the risk of operating in an international environment, have been established.
Keywords: Arctic, Northern Sea Route, internationalization, international transport infrastructure, international transport corridors, integration.
Reference list
1. Bobrova Yu. V., Filippova L. V., Kuzmina K. A. Northern Sea Route: national legal regime in a changing international context. – Moscow: Non-profit partnership “Russian International Affairs Council”, 2016. – 12 p.
2. Kuznetsov A. L., Kirichenko A. V., Solyakov O. V., Semenov A. D. Sea container transportation: Monograph. – Moscow: MORKNIGA LLC, 2019. – 413 p. – ISBN 978-5-909080-47-6.
3. Icebreaking support for the largest national Arctic hydrocarbon projects / ROSATOMFLOT / Russian International Affairs Council (RIAC): official website. – [Electronic resource]. – Access mode: https://russiancouncil.ru/common/upload/5_Ruksha.pdf (date of access: 03/19/2023).
4. Novak A. The future of Russian oil in the era of energy transition // Scientific public and business journal “Energy Policy”: official site. – [Electronic resource]. – Access mode: https://energypolicy.ru/budushhee-rossijskoj-nefti-v-epohu-energoperehoda/business/2021/14/24/ (date of access: 03/19/2023).
5. Panibratov A. Yu. StratGuidelines for the internationalization of construction companies: prerequisites, directions and prospects // Bulletin of St. Petersburg University. Management. – 2010. – No. 1. – P. 61-86.
6. Passport of the federal project “Development of the Northern Sea Route” // Analytical Center for the Government of the Russian Federation: official website. – [Electronic resource]. – Access mode: https://ac.gov.ru/uploads/_Projects/PDF/KPMI/3._Passport_of_the_federal_project_“Development_of_the_North_Sea_Route”.pdf (date of access: 24.01.2023).
7. Chizhkov Yu. V. Arctic sea transport system. – St. Petersburg: Mediapapir, 2021. – 96 p.
8. Chumlyakov K. S. Internationalization of the national transport infrastructure in conditions of uneven spatial development // Eurasian legal journal. – 2020. – No. 5 (144). – P. 447-449.
9. Chumlyakov K. S. Fundamental principles of the internationalization of transport infrastructure // Eurasian legal journal. – 2022. – No. 7 (170). – S. 473-475. – DOI 10.46320/2073-4506-2022-7-170-473-475.
10. Chumlyakov K. S., Chumlyakova D. V. Development of global transport communications within the boundaries of international integration associations // Economics and Entrepreneurship. – 2015. – No. 9-2 (62). – P. 308-313.
11. Chumlyakov K. S., Chumlyakova D. V. Transit by the northern route // Economics and Entrepreneurship. – 2016. – No. 1-1 (66). – P. 139-144.
12. Chumlyakov K. S., Chumlyakova D. V., Ignatyuk Yu. L. Global competitiveness of the northern sea transport corridor for national and international transportation // Oil and gas terminal: Collection of scientific papers of the international scientific and technical conference named after Professor N. A. Malyushin , Tyumen, March 15, 2020 / Under the general editorship of M.A. Aleksandrov. Volume Issue 18. – Tyumen: Tyumen Industrial University, 2020. – P. 309-312.
ECONOMY. RIGHT. SOCIETY
UGURCHIEV Omar Bashirovich
Ph.D. in economic sciences, professor, Head of State and municipal administration sub-faculty of the Ingush State University
TSUROVA Liza Akhmetovna
Ph.D. in economical sciences, associate professor, Head of finance and credit sub-faculty of the Ingush State University
SHUMAKHOVA Karina Sultanovna
senior lecturer in Economics and accounting and analytical information systems sub-faculty of the Institute of Law, Economics and Finance of the Kh. M. Berbekov Kabardino-Balkarian State University
INNOVATIVE PROCESSES IN THE AGRO-INDUSTRIAL COMPLEX: PROBLEMS AND SOLUTIONS
The development of the agro-industrial complex in the Russian Federation and throughout the world in modern conditions is determined by the level of development of innovations. Innovations are a necessary tool for the development of the agro-industrial complex. Since the introduction of innovations in the agro-industrial complex can improve the efficiency of this sector. Scientific developments in the field of agro-industrial complex allow breeding new varieties of plants, new breeds of animals. Achievements of scientific and technological progress should be actively applied in practice. One of the problems is precisely the problem of the practical application of the achievements of science. It is typical for this industry that a very low percentage of scientific ideas and developments are applied in practice. The reason for this situation is: weak state support and low level of funding. The development of innovations in the agro-industrial complex is closely related to investment policy, since the main source of innovation financing is investments, both public and private. In many ways, it is the low investment attractiveness of the region that affects the level of development of innovations in the agro-industrial complex. One of the regions where the agro-industrial complex is one of the leading industries is the Kabardino-Balkarian Republic (KBR). It should be noted that the activity of scientific institutes in the republic is active and many developments have practical application. However, problems exist precisely in terms of the lack of sufficient investment.
Keywords: agro-industrial complex, innovations, researches, investments, financing, developments, scientific and technical progress.
Reference list
1. Innovations in the agro-industrial complex: incentives and barriers: materials of the conference. – Moscow: Scientific consultant, 2017. – 397 p.
2. Kazikhanov A. M. Modern problems of innovation in the agro-industrial complex (Theoretical aspects) // Fundamental research. – 2016. – No. 8-2. – P. 336-340.
3. Scientific priorities in the agro-industrial complex: innovations, problems, development prospects: a collection of scientific papers. – Tver: Tver State Agricultural Academy, [b. G.]. – Part 2, 2019. – 329 p.
4. Sklyarova Yu. M. Investments in the agro-industrial complex: textbook. – Stavropol: SSAU, 2015. – 352 p.
ECONOMY. LAW. SOCIETY
FEDULIN Elisey Andreevich
Chief Specialist of the Production Support Department of “Intelligent Systems” LLC
DANILOV Evgeniy Viktorovich
Ph.D. in biological sciences, associate professor of Theory and methodology of physical culture and sports sub-faculty of the M. Akmulla Bashkir State Pedagogical University
FEDULINA Inna Rifadovna
Ph.D. in pedagogical sciences, associate professor of Theory and methodology of physical culture and sports sub-faculty of the M. Akmulla Bashkir State Pedagogical University
MASEYCHUK Yuriy Maratovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
TO THE QUESTION OF LEGAL REGULATION OF PUBLIC-PRIVATE PARTNERSHIP IN THE FIELD OF HEALTH CARE
Health care is the most important social sphere of society. The science of “health economics” and the practice of economic analysis in Russian health care has more than 25 years. For a long time, health care management was based mainly on administrative methods, i.e. was in the hands of the state [18].
However, in the context of a socially oriented budget, which is quite seriously dependent on the price of energy resources, the state, through the adoption of special legal acts, makes attempts to establish opportunities for the participation of private investments in healthcare facilities [4 ].
The set of regulations governing the interaction between the state and a private investor, as practice shows, does not fully regulate these legal relations, laying only the general framework for the legal regulation of this area, which gives rise to quite serious problems of law enforcement , up to examples of social tension, in connection with which there is a need for continuous improvement. All this determines the relevance of the chosen topic.
The authors chose as the purpose of writing the article – a practical study of the application of legislation in specific historical conditions, establishing the principles of interaction between a public and a private participant in order to protect the rights of citizens and their legitimate interests for quality medical services.
The tasks of public-private partnership (hereinafter referred to as PPP) in healthcare today are as follows: improving the material and technical base of healthcare, creating conditions for the development of PPP in this area, reducing direct government spending on the maintenance of budgetary institutions, including expanding the practice of concluding concession agreements, increasing the quality of services provided by the private party and wholly or partly financed by the state.
The subject of the study are the objects (property complex transferred to PPP or concession) and PPP subjects (public partner and private partner).
The authors come to the conclusion that public-private partnership can make a certain contribution to the demonopolization of the Russian healthcare system due to the private, investment component, more efficient use of public spending, creating conditions for technological acceleration and stable development of healthcare. This article will be of interest to researchers in the field of law and health economics who study the development of public-private partnerships in the Russian Federation.
Keywords: public-private partnership, concession, healthcare, government programs, social sphere.
Reference list
1. Chikanayev S. Kazakhstan: Chapter 12 // The Public-Private Partnership Law Review. – London: Law Business Research Ltd., 2016. – P. 144-165. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/366030881_The_Public-Private_Partnership_Law_Review_Chapter_on_Kazakhstan (date of access: 01/09/2021).
2. Public-Private Partnership (P3). Model State Legislation. – Washington: Bipartisan policy center, 2015. – P. 10. – [Electronic resource]. – Access mode: https://studylib.net/doc/12386562/public-private-partnership–p3–model-state-legislation-d (accessed 20.08.2020).
3. Vaisser F-G. The Public-Private Partnership Law Review: France-White&Case / F-G. Vaisser, H. Martin-Sisteron, A. Seniuta // JDSUPRA. – 2016. – 23 Sept. – [Electronic resource]. – Mode of access: https://www.jdsupra.com/legalnews/the-public-private-partnership-law-46085/ (Accessed: 01/09/2021).
4. Babkin A. V., Chistyakova O. V., Blazhenkova N. M., Petrova A. D. Influence of innovative factors on the development of entrepreneurship // Bulletin of the South-Western State University. Series: Economy. Sociology. Management. – 2018. – T. 8. – No. 4 (29). – S. 27-38. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_23417532_70704629.pdf (date of access: 09.01.2021)
5. Report on the state of health of the population and the organization of health care based on the results of the activities of the executive bodies of the constituent entities of the Russian Federation for 2014. – [Electronic resource]. – Access mode: https://static-0.minzdrav.gov.ru/system/attachments/attaches/000/026/627/original/Doklad_o_sostojanii_zdorovja_naselenija_2014.pdf?1434640648 (accessed 08/20/2020).
6. Research “Public-private partnership in Russia 2016–2017: current state and trends, rating of regions” / Association “PPP Development Center”. – Moscow: Association “PPP Development Center”, 2016. – 32 p. – [Electronic resource]. – Access mode: http://www.pppi.ru/sites/default/files/pdf/raytingreg2017.pdf (accessed 07/31/2020).
7. Laichenkova N. N., Nefedova S. A. Problems of establishing the institution of public-private partnership in the healthcare system of the Russian Federation // Leningrad Journal of Law. – 2017. – No. 1 (47). – S. 118-126. – [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_29825757_17944161.pdf (date of access: 01/09/2021).
8. On public-private partnerships, municipal partnerships in the Russian Federation and amendments to certain legislative acts of the Russian Federation: Federal Law No. 224-FZ of July 13, 2015: latest edition // Law. – [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=1023763 (date of access: 20.08.2020).
9. Popondopulo VF Legal forms of implementation of investment agreements with the participation of public law education. Izvestiya vuzov. Jurisprudence. – 2013. – № 2. – P. 79-92.
10. Russian experience of public-private partnership in health care (Health care in Russia: national projects and programs) // ZDRAV.ru. – 2017. – 1 Feb. – [Electronic resource]. – Access mode: https://www.zdrav.ru/articles/4293654505-gosudarstvenno-chastnogo-partnerstva-v-zdravoohranenii (date of access: 20.08.2020).
11. Shubina D., Dobrovolsky T. The Ministry of Health improves the legal framework for federal PPP projects // WADEMECUM. – 2017. – April 18. – [Electronic resource]. – Access mode: https://vademec.ru/article/minzdrav_usovershenstvuet_pravovuyu_bazu_dlya_federalnykh_gchp-proektov/ (date of access: 07/31/2020).
12. Uyba V. V., Chernyshev V. M., Pushkarev O. V., Strelchenko O. V., Klevasov A. I. Economic methods of management in health care / Ed. ed. prof. V. V. Uyba. – Novosibirsk: Alfa-Resource LLC 2012. – 314 p.
ECONOMY. RIGHT. SOCIETY
YAMALETDINOVA Klara Shaikhovna
Ph.D. in technical sciences, professor, Head of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University; associate professor of economic and legal security sub-faculty of the Ufa University of Science and Technology
SHCHERBAKOV Andrey Timofeevich
magister student of the Ufa State Petroleum Technical University
ENSURING INDUSTRIAL SAFETY AT PETROCHEMICAL ENTERPRISES
Industrial safety at petrochemical enterprises is an essential element of ensuring individual protection, protecting public and environmental well-being. The study of this problem is the most important issue that ensures the sustainable development of social and industrial systems. The object of research is the petrochemical complex as an element of the production systems of the economic complex of the country. The subject of the study is industrial safety as an element of ensuring the smooth operation of petrochemical enterprises and ensuring individual, social and environmental well–being. The purpose of the study is to consider the concept of industrial safety and its elements in the modern management system in a meaningful way. The study examines the content of industrial safety at petrochemical enterprises, uses the report of Academician D. S. In which he argues complexity in the understanding of industrial safety, the main elements and content of industrial safety at modern petrochemical enterprises are considered.
Keywords: accident rate, petrochemical production, environmental well-being, technical means, public well-being.
Reference list
1. Lvov D. S. New industrial policy of Russia // Economic science of modern Russia. – 2007. – № 3. – P. 9-12.
2. Skobelev D. O. Ecological industrial policy: main directions and principles of formation in Russia // Bulletin of the Moscow University. Series 6. Economy. – 2019. – No. 4. – S. 78-94.
3. Olishevsky A. T., Moskovaya I. V., Popko R. E. On the industrial safety of petrochemicalRussian enterprises // World science: problems and innovations: collection of articles LIX International scientific and practical conference, Penza, November 30, 2021. – Penza: Science and Education (IP Gulyaev G. Yu.), 2021. – P. 90-94. – EDN KVGDJR.
ECONOMY. RIGHT. SOCIETY
YANTUDIN Artur Nurullovich
magister student of the Ufa State Petroleum Technical University
KIREEVA Olga Alexandrovna
associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
NON-MATERIAL MOTIVATION AS A KEY FACTOR FOR MAXIMIZING THE RESOURCE POTENTIAL OF EMPLOYEES OF VIOGPC PROJECT INSTITUTES
This article discusses aspects of non-material motivation of employees in order to achieve the maximum efficiency of their activities, describes approaches to assessing the effectiveness of the activities of knowledge workers in VIOGPC.
Keywords: motivation, efficiency, design institutes, vertically integrated oil and gas producing company (VIOGPC).
Reference list
1. Drucker P. F., Macyarello J. A. Management. Moscow: I.D. Williams, 2010. 704 p.
2. Friedman A. How to punish subordinates: for what, for what, how. Professional technology for regular management. M.: LLC “Publishing House “Good Book”, 2017. 320 p.
3. Zoidov K. Kh., Ryazantsev S. V., Gnevasheva V. A. On the problem of forming a new evolutionary model of the Russian labor market in the context of integration and globalization. Part I // Regional problems of economic transformation. 2013. No. 3 (37). pp. 51-60.
4. Zoidov K. Kh., Ryazantsev S. V., Gnevasheva V. A. On the problem of forming a new evolutionary model of the Russian labor market in the context of integration and globalization. Part II // Regional problems of economic transformation. 2013. No. 4 (38). pp. 50-58.
5. Zoidov K. Kh., Sokolova L. V., Urunov A. A., Yankauskas K. S. Theory of technological development of the economy: patterns and trends // Regional problems of transformation of the economy. 019. No. 10 (108). pp. 110-125.
6. Nayeri M. D. et al. A model on knowledge workers performance evaluation // Review of Knowledge Economy. 2016. V. 3. No. 1. S. 1-13.
ECONOMY. RIGHT. SOCIETY
NERSESYANTS Boris Andreevich
master of economics, IE Boris Nersesyants (sales on WB ozon)
ECONOMIC PREREQUISITES FOR THE USE OF FRANCHISING IN THE SERVICE SECTOR AND THE EVOLUTION OF ITS DEVELOPMENT
When franchising is considered as a business model, one of the options arises: which type of business and in which sector it is most suitable. One of the main options is to make a product or service. One basic equation to consider when evaluating the service sector is: customers are willing to exchange money for time. The article discusses the basic concept of franchising, the history of franchising development, the ratio of a service franchise or a product franchise, as well as the positive and negative aspects of the use of franchising in the service sector.
Keywords: franchising, franchise, franchising in the service sector.
Reference list
1. Grunina O. A. Development of the service sector through franchising // Scientific Almanac of the Central Chernozem Region. – 2019. – No. 2. – P. 64-66.
2. Kobylatova M. F., Bondareva M. V. Franchising in the Russian Federation as an element of the service sector // Problems and trends in scientific transformations in the conditions of society transformation: a collection of articles based on the results of the International Scientific and Practical Conference, Volgograd, April 28, 2020. – Sterlitamak: Limited Liability Company “International Research Agency”, 2020. – P. 118-120.
3. Liskina V. A. Franchising as an innovative prerequisite for improving the efficiency of small business in the service sector // Scientific electronic journal Meridian. – 2020. – No. 3 (37). – S. 177-179.
4. Obryashchikov P. A. The main advantages and disadvantages of using franchising // Alley of Science. – 2021. – T. 1. No. 4 (55). – S. 385-389.
5. Sleptsova E. V., Akhinyan A. V., Martirosyan A. E. Franchising as a tool for the development of the service sector // Economics and business: theory and practice. – 2019. – No. 1. – P. 220-223.
6. Shestakova E. V., Sitzhanova A. M. Development of franchising in the service sector // Economics and Entrepreneurship. – 2019. – No. 5 (106). – S. 1076-1081.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Olga Valentinovna
Ph.D. in science philosophicals, professor, professor of Philosophy, soсiology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
VASENKIN Alexey Vadimovich
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Irkutsk National Research Technical University
SOCIO-ETHICAL FEATURES OF THE HISTORICAL DEVELOPMENT OF SCIENTIFIC AND TECHNICAL ACTIVITIES
The article examines the socio-ethical aspects of the historical development of scientific and technical activity: from the early forms of technical activity in ancient times to the modern state, which is commonly called technoscience. The features and influence of the development of scientific and technical activities on society, as well as the essential changes of this influence are highlighted. The authors indicate that the revision of the socio-ethical guidelines of modern scientific and technical activity as a technoscience is relevant in the current conditions. These socio-ethical guidelines formulated by scientists in the middle of the XX century as a result of the creation and use of atomic weapons have already lost their significance in the current conditions. In this connection, the authors write about the need to form fundamentally new socio-ethical norms in science and technology, corresponding to the realities of the XXI century.
Keywords: science, technology, technical activity, scientific and technical activity, engineering activity, technoscience, scientific and technical progress, scientific and technical revolution, ethics of science, ethics of scientific and technical activity.
Reference list
1. Baudrillard J. Consumer society: its myths and structures. – Moscow: Republic; Cultural Revolution, 2006. – 268 p.
2. Gaidenko P. P. Western European science in the Middle Ages. General principles and doctrine of motion. – Moscow: Nauka, 1989. – 351 p.
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4. Dyatchin N. I. The history of the development of engineering activities and technical education in the development of science and technology // News of the Altai State. university – 2010. – No. 3-4. – P.68-72.
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7. Mitcham K. What is the philosophy of technology? – Moscow: Aspect Press, 1995. – 148 p.
8. Onoprienko V. I. Technoscience in the knowledge society / Bulletin of the National Aviation University. Philosophy. Culturology. – 2009. – No. 1 (9). – P. 33-36.
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10. Schwab K. The fourth industrial revolution. – Moscow: Eksmo, 2018. – 285 p.
11. Shnurenko I. Hacked man. – Moscow: Publishing house “Our tomorrow”, 2021. – 456 p.
12. Schwab K., Malleret T. COVID-19: The Great Reset. – World Economic Forum, 2020. – 280 p.
PHILOSOPHY. RIGHT. SOCIETY
BALCHINDORZHIEVA Oyuna Bairovna
Ph.D. in science philosophy, associate professor of Philosophy sub-faculty of the Dorzhi Banzarov Buryat State University
ZAITSEVA Anastasia Andreevna
magister student of the 1st course of the Dorzhi Banzarov Buryat State University
TSYRENDASHIEVA Viktoriya Tsybikovna
magister student of the 1st course of the Dorzhi Banzarov Buryat State University
THE PHILOSOPHY CONCEPT OF ENVIRONMENTAL LAW IN CHINA
The article is dedicated to the discussion of the philosophical foundations of the problem of regulating the sphere of environmental protection in China. When the environmental crimes provision was first enshrined in China’s criminal law in 1997, it was criticized by the academic community as a type of legislation based on “anthropocentric values.” There is a discussion in the Chinese scientific community about the object of environmental legislation, i.e. about what it should protect: the interests of people or the interests of nature itself?
This article includes a socio-philosophical analysis of the features of China’s legislation on environmental crimes in different periods, as well as the values that should be reflected in Chinese legislation on environmental crimes. When developing national or regional strategies for sustainable development, it is proposed to pay special attention to environmental ethics, since only it can ensure harmonious relations between society and the environment, take into account the interests of economic development, as well as strengthen the legal system and increase public environmental awareness.
Keywords: China; anthropocentrism; ecocentrism; ecoanthropocentrism; ecological philosophy; environmental ethics; environmental crimes; environmental protection; the period of complex exploration; the period of official establishment; the period of active optimization; the theory of ecological civilization.
Reference list
1. Mantatov VV, Mantatova LV Environmental ethics as a philosophical project of life // Humanitarian Vector. Series: Philosophy, cultural studies. 2016. No. 1. S. 36-40.
2. Zhang G. Impact of the Stockholm Conference “Man and the Environment” on environmental management in China // Contempt. World. 2010. No. 1. P.72-73.
3. Jiao Yu. Causes and reflection of the deficit of judgments in environmental criminal cases in China – statistical analysis based on relevant information // Legal Sciences. 2013. No. 6. S. 74-83.
4. Chang D., Gao D., Wang H., Meng H. Mechanisms of influence of the National Pollution Sources Census on public participation and environmental awareness in China // Cleaner Production Journal. 2022. No. 363. S. 132-397.
5. An R. Clarification, Reflection and Perspective: A Philosophical and Legal Study of Environmental Crimes // Journal of Geosci University of China. 2015. No. 4. S. 61-69.
6. Almiron N., Tafalla M. Rethinking the ethical challenge in a climate impasse: anthropocentrism, ideological denial and liberation of animals // Journal of Agricultural and Ecological Ethics. 2019. No. 32. S. 255-267.
7. Chen B., Jiang H., Ye J. Environmental criminal law from an environmental perspective // Lingnan Journal. 2008. No. 5. S. 63-67.
8. Qian S. Necessity and reality of objects of environmental law // Chinese legal science. 2003. No. 3. pp. 23-31.
9. Norton BG Ecological ethics and weak anthropocentrism // Ecological ethics. 1984. No. 6. P. 131-148.
10. Hettinger N., Drup B. Reorientation of ecocentrism // Ecological ethics. 1999. No. 21. S. 3-21.
PHILOSOPHY. RIGHT. SOCIETY
VOYTOV Alexander Vladimirovich
Ph.D. in sociological sciences, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia, senior lieutenant of police
GLADKOV Dmitriy Viktorovich
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
MIKHAYLOV Sergey Nikolaevich
Ph.D. in science philosophicals, associate professor of Philosophy, history and law sub-faculty of the Volgograd State Agrarian University
TRADITIONAL RUSSIAN SPIRITUAL AND MORAL VALUES IN THE CONSUMER SOCIETY: A SOCIOLOGICAL VIEW
The article analyzes the traditional Russian values, indicated in the decree of the President of the Russian Federation of November 9, 2022. An attempt was made to compare these values with the values that dominate in the consumer society. In the article there are specified presence and spread of “I-values” in Russian society, fixed by a sociological study. At the same time, such selfish values are opposed by traditional values, including the values of collectivism and sociality, declared in the decree of the President of the Russian Federation. Both social and individual levels of distribution of values are taken into account. . The relationship between the preservation of values and the preservation of Russian history and culture is indicated. In conclusion, the legal and informational factor of preserving traditional values is taken into account.
Keywords: consumer society, interpersonal relations, simulacrum, advanced consumption, globalization, informatization, manipulation, public consciousness, traditional values, collectivism, sociality.
Reference list
1. Decree of the President of the Russian Federation dated November 9, 2022 No. 809 “On approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values”. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202211090019 (date of access: 11/10/2022)
2. Baudrillard J. Consumer society: its myths and structures; [per. from French, afterword and note. E. A. Samarskaya]. – Moscow: Republic: Cultural Revolution, 2006. – 268 p.
3. Voitov A. V., Gladkov D. V. Social readiness for the consequences of a pandemic: a sociological view // Logos et Praxis. – 2021. – V. 20. No. 2. – S. 143-153.
4. Toffler E. Future shock. [Trans. from English: E. Rudneva and others]. – Moscow: AST, 2003 (GUP IPK Ulyan. Press House). – 557 p.
5. Debord G. The Society of the Spectacle [Transl. from fr. C. Offeras and M. Yakubovich]. – M.: Logos, 1999. – 224 p.
6. Galbraith J. New industrial society. – Moscow: AST Publishing House LLC, 2004. – 602 p.
7. RAEC study / NRU HSE 2022. [Electronic resource]. – Access mode: https://raec.ru/live/raec-news/13010 (accessed 11/19/2022).
8. Maslow A. On the approaches to the psychology of being. Translation into Russian: O. Chistyakov. – Moscow, 1997. – 270 p.
9. Kagan M. S. Philosophical theory of value. – St. Petersburg: LLP TK “Petropolis”, 1997. – 205 p.
10. Veblen T. V. The theory of the leisure class. [Trans. from English: V. Zhelninov]. – Moscow: AST, 2021. – 384 p.
PHILOSOPHY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of the Ufa State Petroleum Technical University
GROGULENKO Anastasia Igorevna
student of the Ufa State Petroleum Technical University
PALAEVA Anastasia Sergeevna
student of the Ufa State Petroleum Technical University
LEVASHOV Dmitry Andreevich
student of the Ufa State Petroleum Technical University
ECOLOGICAL CONSCIOUSNESS OF YOUTH (ON THE EXAMPLE OF UFA)
The article examines the ecological consciousness of youth as an element of ecological culture. Environmental issues of our time are considered as a problem of human attitude to the environment, and, accordingly, human consciousness. Therefore, the prevention of a global environmental crisis is impossible without a purposeful transformation of the individual’s consciousness, especially at a young age, when the formation of basic values, attitudes and life orientations takes place.
Keywords: ecological consciousness, ecology, nature protection, youth.
Reference list
1. Ulyanova N. V. Ecological consciousness and ecological culture, problems and prospects // Bulletin. – M., 2007. – No. 6. – S. 61.
2. Grogulenko N. V., Gareev E. S. Formation of patriotism, civil identity and culture of interethnic interaction (on the example of the Ufa National Oil Technical University) // Oil and gas business: electron. scientific magazine – 2015. – No. 5. – P. 702–720. [Electronic resource]. – Access mode: http://www.ogbus.ru.
3. 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. – S. 433-438.
4. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Social responsibility of engineering staff workers as a factor in the economic growth of the national economy // In the collection: Business 4.0 as a Subject of the Digital Economy. Cham. – 2022. – S. 81-86.
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
HUMAN RIGHTS AND LIMITS OF GROWTH
The anti-growth concept assumes that ecological resources, population growth and consumerism are not compatible with each other. Maximizing happiness for the greatest number of people is just a beautiful idea, nothing more. Humanity can spend its time on the planet in relative sustainability, but this requires a substantial reduction in many goods as well as restrictions on human rights.
Keywords: entropy, environmental capacity, limits to growth, anti-growth, de-growth, world debt, overcredit, monetarism, consumerism, generations of rights, dogmatism in law.
Reference list
1. Benoit A. Forward, to the cessation of growth! Ecological and philosophical treatise. – Moscow: Institute for General Humanitarian Research, 2016. – 112 p.
2. Morozov V. M., Timoshchuk A. S. Moral values and the future of mankind // Bulletin of the Vladimir Law Institute. – 2018. – No. 1 (46). – P. 180-184.
3. Timoshchuk A. S. Limits of growth and current problems of global sustainability // Actual problems of the humanities and socio-economic sciences. – 2020. – No. 2 (73). – S. 148-158.
4. Timoshchuk A. S. The limit of the capacity of the environment and HMSP methodology // In the collection: Actual problems and prospects for the development of the scientific school of Chrono-discrete monogeographic comparative law. Collection of scientific papers based on the materials of the Fourth All-Russian Scientific Conference. – Nizhny Novgorod: NRU RANEPA, 2021. – S. 52-62.
5. Timoshchuk A. S. Russian cosmism: industrial breakthrough and technological limits // Bulletin of the Tver State Technical University. Series: Social Sciences and Humanities. – 2019. – No. 1 (16). – S. 19-26.
6. Timoshchuk A. S. Russia and the world: cognitive-semantic operators of the future //Eurasian legal journal. – 2022. – No. 12 (175). – P. 424-426.
7. Tymoshchuk A. S. Russia in the transstructural world: post-liberalism, the economy of real assets, sustainable development // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 14-17.
8. Sébastien L., Brodhag C. A la recherche de la dimension sociale du développement durable // Développement durable et territoires. Economie, geographie, politique, droit, sociology. 2004. Dossier 3. [Electronic resource]. – Access mode: https://doi.org/10.4000/developmentdurable.1133.
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
TYPOLOGY OF POLITICAL ELITES
The article is dedicated to the study of typology of political elites. The main criteria for the typologization of political elites, according to the authors, are (1) taking into account the contradictory nature of the political relations (political system), (2) the nature of the problems faced by society at this stage, ( 3) the principle of historicism. Based on these criteria, the authors identified two types of political elites (politicians): politicians-strategists and politicians-technologists. Their comparative characteristics are given according to a number of criteria.
Keywords: politics, political elites, political system, politicians-strategists, politicians-technologists.
Reference list
1. Alekseeva T. A., Loshkarev I. D., Parenkov D. A. Dilemmas of the modern theory of political elites: what’s next? // Polis. Political studies. 2021. No. 5. P. 78-93.
2. Ashin G.K. Modern theories of the elite: Critical essay. M.: Intern. relations, 1985. 256 p.
3. Vico J. Foundations of a new science of the general nature of nations. Moscow – Kyiv, 1994.
4. Duka A. V. On approaches to the analysis of power elites // Management consulting. 2012. No. 3. P. 48-55.
5. Kochesokov R. Kh., Bizheva A. P., Kulturbaeva L. M. The logic of the evolution of political elites // Eurasian Law Journal. 2023. No. 1 (176). pp. 476-477.
6. Machiavelli N. Sovereign. M.: Planeta, 1990.
7. Naronskaya A. G. Conceptual approaches to the study of political elites (world and domestic experience) // Proceedings of the Ural Federal University. 2019. Series 3. Social Sciences. No. 14, 1 (185). S.86-93.
8. Pareto V. Compendium on General Sociology [Text] / V. Pareto; per. from Italian. A. A. Zotova; scientific ed., foreword. to Russian ed., op. the names of M. S. Kovaleva; scientific consult. N. A. Makasheva; State. un-t – Higher School of Economics. – 2nd ed. M.: Ed. GU HSE, 2008. 511, [1] p.
9. Plato. State // Collected. op. in 4 volumes. T. 3. M., 1994.
PHILOSOPHY. RIGHT. SOCIETY
MALAKHOVA Elena Vladimirovna
Ph.D. in philosophical sciences, senior researcher and doctoral student of the Institute of Philosophy of the Russian Academy of Sciences
SUBJECTNESS – A GOAL OR AN OBSTACLE TO THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE?
This article examines how the concept of subjectness is applicable to existing technological innovations in the field of artificial intelligence. The main questions of this work were the following: to what extent can modern artificial intelligence be endowed with properties that determine subjectness, and is the latter a goal that can be pursued during its development, or, conversely, an insurmountable obstacle to its improvement? The article concludes in favor of the second of the mentioned points of view, however, it is indicated that subjectness, being an obstacle that hinders the development of artificial intelligence, nevertheless, at the same time ensures the autonomy and safety of its creator-human .
Keywords: artificial intelligence, subjectness, individual subject, collective subject, pseudosubject.
Reference list
1. Alekseeva I. Yu. Subjectivity of artificial intelligence: old questions in new contexts // Information society. 2020. No. 6. P. 2-6.
2. Vedyakhin A. et al. Strong artificial intelligence: on the approaches to superintelligence. M.: Intellectual Literature, 2021. 232 p.
3. Zhuravlev A. L. Collective subject: main features, levels and psychological types // Psychological journall. 2009. V. 30. No. 5. S. 72-80.
4. Lepsky V. E. Analytics of the assembly of development subjects. Moscow: Kogito-Center, 2016. 130 p.
5. Petrovsky V. A. Individuality, self-regulation, harmony // Moscow Journal of Psychotherapy. 2008. No. 1. P. 64-90.
6. Kingwell M. Are Sentient AIs Persons? // The Oxford Handbook of Ethics of AI, (ed.) Markus D. Dubber, Frank Pasquale, Sunit Das. Oxford, Oxford University Press, 2020. 881 p.
PHILOSOPHY. RIGHT. SOCIETY
MARKOVA Natalya Mikhaylovna
Ph.D. in science philosophicals, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletovs Vladimir State University
POLITICAL MERCY: SOME ASPECTS OF MODERN THEOLOGICAL AND PHILOSOPHICAL UNDERSTANDING
The article is devoted to the problem of the modern understanding of mercy, which is comprehended by both representatives of philosophical thought and leaders of Christian churches as a necessary condition for the existence of the modern world. Based on the principles of compassion, mercy is designed to develop respect, sympathy, kindness, promotes the implementation of a dialogue between “ours” and “theirs”. In the modern world, a new form of mercy is becoming relevant – political / social mercy, proposed by a number of spiritual mentors, including Pope Francis. Political mercy, based on political love, realizing the principles of brotherly friendship, serves to unite people in the implementation of joint work to establish a social and political order based on social mercy.
Keywords: mercy, political mercy, social mercy, politics, Christianity.
Reference list
1. Berezina E.M. The Idea of Mercy in Religious Morality // Bulletin of the KSU. N. A. Nekrasova. 2010. No. 4. P. 19-23.
2. Berezina E.M. Mercy: the experience of defining the concept // Bulletin of PNRPU. Culture. Story. Philosophy. Right. 2018. No. 1. P. 5-10.
3. Dal V. Explanatory dictionary of the living Great Russian language. SPb.-M.: T-vo M.O. Wolf, 1905. 2030 p.
4. Patriarch Kirill: Deeds of mercy open before us the opportunity to find the joy of eternal being with God. [Electronic resource]. – Access mode: https://tatmitropolia.ru/other_doc/social/default.asp?id=75002 (accessed 04/09/2023)
5. Rybalka Yu. A. To the question of the relationship between the concepts of “altruism” and “mercy” // Philosophy of Law. 2018. No. 3. P. 99-103.
6. Semenov A. V. Etymological dictionary of the Russian language. [Electronic resource]. – Access mode: http://evartist.narod.ru/text15/001.htm (date of access: 04/03/2023)
7. Philaret, Met. Minsky and Slutsky. Problems of theological anthropology // Proceedings of the Minsk Theological Academy. 2004. No. 3.
8. Francis. Fratellitutti. About brotherhood and social friendship. M.: Medina Publishing House, 2021. 232 p.
9. Tsygankova N. V. About mercy. [Electronic resource]. – Access mode: https://azbyka.ru/o-miloserdii (date of access: 21.04.2023)
10. Encyclopedic dictionary of political terms. [Electronic resource]. – Access mode: https://politike.ru/termin/miloserdie.html (date of access: 04/03/2023)
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in science philosophicals, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University; associate professor of Pedagogical technologies sub-faculty of the Kuzbass State Agricultural Academy
SOCIAL INSTITUTION AS HARD-TO-FORMALIZE OBJECT: PHILOSOPHICAL ANALYSIS
The article presents a philosophical analysis of a social institution as an object that is difficult to formalize. To reveal the stated goal, the author refers to the works of classics and modern thinkers. The essential characteristics of institutions are generalized. In conclusion, the main results of the study are summarized.
Keywords: institution, society, person, culture, interactions.
Reference list
1. Berger P., Lukman T. Social construction of reality. Treatise on the sociology of knowledge. – M.: MEDIUM, 1995. – 323 p.
2. Gudarenko Yu. A. The labor market as a social institution in modern Russian society // Proceedings of the Russian State Pedagogical University. A. I. Herzen. – 2010. – No. 124. – P. 330-336.
3. Kornetov G. B. Theoretical and historical understanding of educational institutions and pedagogical institutions (article 2) // Istoriko-pedagogical zhurnal. – 2017. – No. 3. – P. 43-83.
4. Malinovsky B. Scientific theory. – M.: OGI, 2005. – 184 p.
5. North D. Institutions, institutional changes and functioning of the economy. – M.: Nachala, 1997. – 180 p.
6. Rozin V. M. Formation and especiallyawn of social institutions: Cultural-historical and methodological analysis. – M. LIBRIKOM, 2013. – 160 p.
7. Frolov S. S. Sociology of organizations. – M.: Gardariki, 2001. – 382 p.
8. Shubnikov Yu. B. Signs and functions of social institutions // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2013. – No. 4 (60). – S. 44-49.
9. A workbook and reader in sociology / Ed. by Leon F. bouvier. – Berkeley, California, 1968. – P. 30-31.
PHILOSOPHY. RIGHT. SOCIETY
KHABIBOVA Madina Magomed-Khabibovna
student of the Dagestan State Medical University of the Ministry of Health of Russia
Shikhalieva Nurizhat Maximovna
student of the Dagestan State Medical University of the Ministry of Health of Russia
BABAEVA Zamira Arifovna
student of the Dagestan State Medical University of the Ministry of Health of Russia
IBRAGIMOVA Emina Sultanakhmedovna
Ph.D. in pedagogical sciences, associate professor of the Dagestan State Medical University of the Ministry of Health of Russia
EUTHANASIA: UNDERSTANDING AND PRINCIPLES OF BIOETHICS
This article examines the ethical and moral aspects of euthanasia and its connection to the discipline of bioethics. The main principles of bioethics that should be considered when making decisions about euthanasia are discussed. The reasons and arguments for and against euthanasia are also discussed, as well as its legal status in different countries of the world. The risks and negative consequences associated with conducting euthanasia are examined, and practical tools are proposed to ensure its ethical and legal aspects.
Keywords: euthanasia, bioethics, ethics, morality, principles of bioethics, legal status, risks and negative consequences, practical tools.
Reference list
1. Batyrkhanov B. T. Euthanasia in Russia: legal and medical aspects [Text] // Medical ethics and law. – 2017. – V. 14. No. 1. – S. 35-41.
2. Vikulov V. Euthanasia in Russia: history, morality, legislation [Text] // Bulletin of Siberian Medicine. – 2014. – V. 13. No. 3. – S. 111-117.
3. Grin A. Euthanasia in medical practice [Text] // Healthcare. – 2016. – No. 5. – P. 17-22.
4. Miloserdov V. Euthanasia: problems and prospects [Text] // Medical Sciences. – 2019. – No. 1. – P. 20-25.
5. Ryzhikov V. Ethical aspects of euthanasia [Text] // Medical journal. – 2015. – V. 8. No. 2. – S. 7-12.
6. Stepanenko L. Euthanasia: current state and development prospects [Text] // Medical almanac. – 2018. – V. 56. No. 2. – S. 50-56.
7. Chernova, N. Ethical aspects of euthanasia in medicine [Text] // Experimental and clinical medicine. – 2016. – V. 4. No. 1. – S. 50-56.
8. Shamsutdinova R. Ethical and medical aspects of euthanasia [Text] // Bulletin of science and practice. – 2017. – T. 11. No. 2.
PHILOSOPHY. RIGHT. SOCIETY
JIANG Dan
associate professor, Heihe University, Heihe City, Heilongjiang Province, China
THE IMPACT OF PHILOSOPHICAL THINKING ON THE QUALITY OF LIFE OF CHINESE RESIDING IN RUSSIA
The article examines in detail the influence of philosophical thinking on the quality of life of Chinese living in Russia. The significance and necessity of perceiving the new world through the prism of philosophizing and philosophical views are considered in the following key areas: human intellectual culture and erudition, life demands, science, education, state or political strategic projects and decisions. Emphasis is placed on the significance of philosophical thinking in the cognition of the supersituational level of life in Russia.
Keywords: philosophy, cognition, culture, society, Russia, Chinese, integration, education.
Reference list
1. Pugin V. B. The concept of “quality of life” in social philosophy // Eurasian legal journal. – 2020. – No. 1 (140). – P. 490-491.
2. Baranetsky A. N. Criteria for the progressivity of philosophy and criteria for the progress of civilization as a problem of generalization and determination of the quality of spiritual life // Archon. – 2022. – No. 1 (28). – P. 72-81.
3. Penkov V. E., Volochkov I. V. Systemic hedonism as a new paradigm of life quality management // Eurasian Law Journal. – 2020. – No. 3 (142). – P. 420-422.
4. Shevtsova E. A. Socio-philosophical understanding of social prevention: social policy and the quality of human life in modern society // Context and reflection: philosophy about the world and man. – 2020. – V. 9. No. 3A. – P. 44-52.
5. Pugacheva N. P. Ethical understanding of the phenomenon of life in the XX century // National health. – 2021. – No. 1. – P. 104-106.
6. Smirnov T. A. Socialization as a process of interaction of structural elements of society. Economics and Society. – 2020. – No. 3 (70). – S. 679-684.
PHILOSOPHY. RIGHT. SOCIETY
AVETISYAN Viktoriya Sergeevna
postgraduate student of Philosophy, law and social sciences and humanities sub-faculty of the Armavir State Pedagogical University
SOCIOCULTURAL ASPECTS OF THE FORMATION OF GENDER IDENTITY IN MODERN SOCIETY
The article deals with the phenomenon of gender as a complex socio-cultural phenomenon, as well as the processes of transformation of gender relations in modern society. The socio-cultural aspects of understanding this problem in social philosophy are analyzed. Some Russian features of understanding the phenomenon of gender are revealed. The article uses the principle of interdisciplinarity and complementarity, the basis of which is the sociocultural approach, which is implemented both at the level of general theoretical research and at the level of comprehension of specific socio-political problems related to gender identity. It is stated that modern Russia will have to comprehend the “gender doctrine” in various types of social discourse.
Keywords: modern society, gender, gender relations, social norm, femininity, masculinity, gender myth, gender stereotype, gender identity.
Reference list
1. Weininger O. Gender and character. Moscow: Forum, 1991. 192 p.
2. Balditsyna E. I., Baklanov I. S., Baklanova O. A. Features of the study of gender identity in modern social theory // Woman in Russian society. 2019. No. 2. P. 43-51.
3. Makaeva G.Z. Gender as a sociocultural phenomenon // Eurasian Law Journal. 2018. No. 12 (127). pp. 500-502.
4. Mityaev Yu.G. Men and women: gender in the fairy tales of the peoples of the world // The Times of Science. 2021. No. 2. P. 18-26.
5. Baklanova O.A., Demchenko N.A. Gender transformations in modern Russian society // Theory and practice of social development. 2015. No. 12. P. 323-325.
6. Ushakin S. He is a kind of man: signs of absence // On masculinity: Sat. Art. M., 2002. S. 17-18.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Olga Valentinovna
Ph.D. in science philosophicals, professor, professor of Philosophy, soсiology and history sub-faculty of the A. A. Ezhevsky Irkutsk State Agrarian University
CHUKSINA Valentina Valerjevna
Ph.D. in Law, professor, Head of Legal support of national security sub-faculty of the Baikal State University, Irkutsk
PHILOSOPHICAL ASPECTS OF THE CONCEPT OF INFORMATION AND ITS APPLICATION IN THE NATURAL SCIENCES
The article shows that the development of information technology, the emergence of new opportunities for scientific knowledge sharply stimulates interest in the concept of “information” and contributes to its penetration into various fields of science. Various points of view on the phenomenon of information are considered, which can really be reduced not to traditional attributive and functional concepts, but to the opposite of ontological and methodological understanding of the nature of information. It is noted that modern science, primarily natural science, does not give grounds to consider information an objective property or function of matter, including highly organized. The arguments put forward on the problem of solving the status of information are mainly philosophical and methodological in nature.
Keywords: information, information processes, methodological essence, reflection.
Reference list
1. Grishchenko L. L., Korabelnikova Yu.ynik” of the city to ensure the safety of its inhabitants // Baikal Research Journal. – 2022. – T. 13. – No. 4.
2. Gureeva A. N., Kireeva P. A. Digital platforms as subjects of conflict communication: features, effects, risks // Questions of theory and practice of journalism. – 2022. – T. 11. No. 4. – S. 753-771.
3. Colin KK Virtualization of society – a new threat to its stability // Synergetic paradigm. Man and society in conditions of instability: Sat. scientific tr. / Ros. acad. state services. – M.: RAGS, 2003. – P. 449-462.
4. Lysak I. V. Information as a general scientific and philosophical concept: basic approaches to definition // Philosophical problems of information technologies and cyberspace. – 2015. – No. 2 (10). – P. 10-26.
5. Tuev V. A. Methodological problems of the ideology of the Russian society // Bulletin of the Baikal State University. – 2017. – T. 27. No. 4. – S. 600-606. – DOI: 10.17150/2500-2759.2017.27(4).600-606.
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
FUNDAMENTALS OF PROJECT THINKING IN PHILOSOPHICAL INTERPRETATION
The article examines the basics of the project approach to problem solving in the philosophical concepts context. The authors analyze the basic principles of project thinking including goal setting, planning, risk assessment and project management and associate them with theoretical concepts of philosophy from antiquity to the present. The authors of the article analyze the contribution of various philosophers such as Plato, Aristotle, Rene Descartes, Immanuel Kant, Martin Heidegger, Charles Sanders Pierce and William James to the development of thinking project. The study also lists several philosophical principles important for the development of the project such as: dialectical and systemic, ethical, the principle of reasonableness, creative principle, the principle of universalism, the principle of integrity and the principle of variability. In general, the article can be interesting to anyone who is in philosophy and its application in practical fields of activity. It can also be useful for professionals involved in project design and management.
Keywords: project thinking, philosophical thought, design approaches, principles of project development.
Reference list
1. Aristotle. Nicomachean ethics / Aristotle; translation from ancient Greek, notes by Nina Braginskaya. – St. Petersburg: ABC: ABC-Atticus, 2022. – 443 p.
2. Artemenko N. A. Fundamental ontology of M. Heidegger and the problem of subjectivity. – 2008. – No. 4. – S. 9-12.
3. Vashchenko A. N. Ethics of Aristotle: a universal theory of motivation? // Corporate governance and innovative development of the economy of the North Bulletin of the Research Center for Corporate Law, Management and Venture Investment of Syktyvkar State University. – 2014. – No. 3. – P. 20-37.
4. Gaparov I. A. The concept of utility in the pragmatism of Charles Sanders // Respublica Literaria. – 2021. – V. 2. No. 4. – S. 66-79.
5. Dante Alighieri. Monarchy / Dante Alighieri; per. from Italian. V. P. Zubova; Comments by I. N. Golenishchev-Kutuzov. – M .: “KANON-press-C” – “Kuchkovo field”, 1999. – 191 p.
6. James W. Pragmatism: a new name for some old methods of thinking: popular lectures on philosophy / Per. from English. and concluding Art. P. S. Yushkevich. – M.: URSS, 2011. – 241 p.
7. Dmitriev T. A. The problem of methodological doubt in the philosophy of Rene Descartes / Russian acad. Sciences, Institute of Philosophy. – M.: IF RAN, 2007. – 230 p.
8. Kant I. From the manuscript heritage: (materials for the “Critique of Pure Reason”, Opus postumum); [translated from German] / Institute of Philosophy RAS [and others]. – M.: Progress-Tradition, 2000. – 750 p.
9. Komarov A. I. Antique philosophy (Democritus, Plato) and the problem of creativity // Economic and social-humanitarian studies. – 2014. – No. 2 (2). – P. 55-63.
10. Lektorsky V. A. Philosophy as the design of human reality. Special session (invited session) // Philosophical sciences. – 2009. – № 2. – P. 141-142.
11. Nezvanov A. S. Pragmatism of William James // Samizdat. [Electronic resource]. – Access mode: http://samlib.ru/n/nezwanow_a_s/filosofjapragmatismjameswilliam.shtml
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PHILOSOPHY. RIGHT. SOCIETY
ZUEVA Elizaveta Konstantinovna
postgraduate student of the course “Philosophical anthropology, philosophy of culture” 47.06.01 of the I. S. Turgenev Orel State University
FORMATION OF THE VALUE CONSCIOUSNESS OF A PERSON IN THE MODERN WORLD IN THE CONDITIONS OF TRANSFORMATION OF SOCIETY
The complex of attitudes and orientations on important social values forms the value consciousness of the individual. Among the many factors that determine the content of a person’s value consciousness, the main role is assigned to spiritual and moral values. The modern transformation of society, the emergence and spread of digital culture is the problem field that needs to be explored. The relevance of the research topic determines the importance of the issue of value orientations in the life of modern society, value orientations are an educational element in the structure of consciousness and self–consciousness of a person, because they characterize a person as a person. That is why one of the most advanced tasks in society today is the creation of a value-oriented human system, which will include beliefs and worldviews approved by modern society.
Keywords: value orientations, transformation of society, morality, digital culture, human value consciousness.
Reference list
1. Anisimov S.F., Spiritual values: production and consumption. M.: Thought. 1988. 253 p.
2. Vedensky E.K., Continuous professional education // Social and humanitarian knowledge. 2004. No. 3. S. 208-209.
3. Kazarina-Volshebnaya E. K., Komissarova I. G., Turchenko V. N. Paradoxes of transformation of value orientations of Russian youth // Sociological research. 2012. No. 6. P. 124
4. Novichenko O. V. The main trends in the transformation of the political values of the youth of modern Russia // Theory and practice of social development. 2013. No. 9. P. 8-9.
5. Petrov A. V. Value preferences of youth: diagnostics and trends of changes // Sociological research. 2008. No. 2. S. 83-90.
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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