CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №5(180)2023
PERSONA GRATA
E. V. Takmakova:
Prospects for achieving the national development goals of Russia in the field of living standards of the population
Interview with Takmakova Elena Valerjevna, Ph.D. in economical sciences, associate professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University.
EURASIAN INTEGRATION
Pavlova M. A., Kharitonova E. M.
International business in the context of Eurasian integration
INTERNATIONAL LAW
Efendiev O. F.
The Azerbaijani-Russian Declaration on Allied Cooperation is an important international legal act of our time
Drozdova M. A., Udalova D. V.
The Eurasian transport framework as a driver for the development of international cooperation in the transport and logistics sector within the EEU
Manevich V. V.
Cyberattacks and cyberwarfare in armed conflicts of cyberspace as a subject of regulation of international humanitarian law
Monakhov G. D.
The future of the international criminal justice system
Mkrtchyan G. Ya.
International standards for the protection of the rights of indigenous peoples
Soshnikov A. B.
Legal participants in armed conflicts through the prism of international humanitarian law
Lavorenko S. Yu.
The right to privacy in the context of judicial and quasi-judicial bodies
Melnikov F.A.
The formation of common markets in the EAEU as a natural development of the formation of an integration association
Li Jing
Fragmentation of international digital trade rules
Panova P. S.
The soviet concept of international law
Primak A. V.
The political role of Nord stream 2 in relations between the Russian Federation and The European Union
Sobin A. A.
Legal basis of the leasing company
Subbotin A. P.
The problem of regulatory regulation of the development and operation of crewless vessels
INTERNATIONAL PRIVATE LAW
Voykova N. A., Berman A. M.
Some aspects and prospects of cooperation of the EAEU member states in the framework of corporate relations
Zhuk V. S., Lishak A. D.
About the right of a foreign bank to file a petition against a Russian debtor in the absence of a judgment on a claim that falls within the scope of arbitration agreement
Ermakova E. P.
When the “pro-arbitration” policy of the United States becomes aggressive
Komleva T. M.
Procedure for declaration of heirs when inheriting by law in Spain
Aristov V. V.
Classification of regimes of property relations between spouses in foreign legal systems
Rusakova E. P., Chernysheva T. A.
«Zhi system» – «new milestone» in copyright and related rights protection in Guangzhou internet court
Potapenko D. A.
Legal regulation of international settlements using electronic money
COMPARATIVE LAW
Rudoy P. I.
Prospects for improving Russian legislation to facilitate the activities of Islamic financial institutions
THEORY OF STATE AND LAW
Bayniyazova Z. S.
The place and role of the Constitution of the Russian Federation in the legal system: value
Kabalnov D. A.
Lease agreement: stages of evolution in Russian civil legislation
Naumenko I. N.
Methods for realizing the economic function of the state: theoretical and legal aspects in crisis phenomena
Pronina K. Yu.
Legal nihilism of civil servants: concept, causes and minimization measures
CONSTITUTIONAL LAW
Alieva N. Sh., Radzhabov F. G.
Constitutional and legal relations and their subjects
Mameev I. T., Isaeva K. M.
Some aspects of the implementation of the Institute of Public Control in the Russian Federation
Khabibullaev Kh. S., Saibulayeva S. A.
The right of a citizen to participate in the management of state affairs: forms and problems of implementation
Khizriev G. M., Kurbanov K. R.
Constitutional and legal foundations of equality and self-determination of the peoples of the Russian Federation
Gordeev K. V.
The procedure for restoring the death penalty in the Russian Federation: a constitutional and legal study
Badysheva M. I., Radzhabov F. G.
The constitutional principle of political diversity in Russian legislation and the practice of its implementation
Salmanov N. N.
Implementation of the principle of separation of powers in the Russian Federation
ADMINISTRATIVE LAW
Bakulina I. P.
Problems of implementation of administrative reform of the system of ensuring sanitary and epidemiological welfare of the population
Gorovenko S. V.
Improvement of the regional management system in an emergency situation caused by the spread of a disease that poses a danger to others
Keramova S. N., Abusalimov S. A.
Prosecutor’s supervision as a way to ensure the rule of law in the sphere of executive power
Popova Yu. A., Ivanenko I. N.
About the persons participating in the case, in administrative proceedings: problems of legal regulation
Bakulina I. P.
Problems of legal provision of sanitary and epidemiological welfare of the population and achieving a balance of public and private interests in the immunoprophylaxis of infectious diseases
Kurbanov A. R., Gimbatov G. M., Akaeva K. T., Gasanaliev A. S.
Problems of executive power development. Recommendations for improving the executive power system in the Russian Federation
Shmelev I. V., Muratova E. V.
Features of judicial control in the sphere of public power on the example of Anglo-Saxon countries
ARBITRATION PROCESS
Bashilov B. I., Oleynik A. D.
Procedural and legal features of establishing the subject of evidence and challenging preferential transactions
MUNICIPAL LAW
Leis A. V.
Guidelines for municipal reform in the practice of the Constitutional Court of the Russian Federation
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Actual problems of the development of the trade union movement in modern Russia
Baisov M. M., Odegnal E. A.
Legal regulation of Internet payment services
Bochkarnikova V. A., Burkhanov R. D., Burkhanova S. D.
The legal essence of the legal relationship to compensate for the lost: theoretical aspects and problems of application practice
Deltsova N. V., Samsonov E. D.
Current problems of application of the institute of conditional performance of obligations
Donskoy O. O.
Digital financial assets in the Russian Federation and their legal regulation.
Zubkova M. N., Ibryashkina A. S.
Binary option: concept, specifics, prospects
Kuzmina K. S., Klyshevsky A. S., Vronskaya M. V.
Functioning of voluntary medical insurance in the Russian Federation: concept, types, advantages and disadvantages
Masalimova A. A.
To the question of the peculiarities of the legal nature and conditions of the transport expedition contract
Ulaeva N. L.
Certain legal aspects of the provision of paid veterinary services
Yusupova Z. F.
Legal features of the joint testament of the spouses in the Russian Federation
Yastremskiy I. A.
The features of the reflection of personal data in contracts for the provision of paid medical services for plastic surgery
Lyapustina N. A.
Trends of the application of indemnity by courts in cases under a construction contract
Makarov S. A.
Corporate name institute: historical and legal aspect
Ananjeva E. O., Ivliev P. V.
Digitalization of education and the latest technologies in education
Amirkhanov A. M.
Protection of digital currency rights: main methods, problems, legal regulation
Bavin D. E.
Big data (big data) as an object of intellectual law
Deltsova N. V., Kuznetsov K. A., Mashin A. S.
Energy as an object of civil law regulation: a functional approach
Karpova Yu. S.
Dispute resolution using blockchain technology: Kleros experience
Lababueva O. S.
The concept of electronic commerce: a comparative analysis of legislative terms
Rogov A. A.
Transformation of the institute of the domestic notary
Donskoy O. O.
NFT and their legal regulation within the Russian Federation.
Sverdlova Yu. V.
Features of the transfer of property of the testator funds during life and by succession
Styslovich A. P.
Questions of inheritance by persons conceived after the death of the testator
Fokin A. Yu.
Protection of Cultural Heritage Sites for Religious Purposes in the context of globalization
Shubny V. S.
Practical problems of managing the common property of an apartment building in terms of decision-making by its owners
Yastremskiy I. A.
Informed voluntary consent of the patient to plastic surgery: legislative regulation, meaning and content
CIVIL PROCESS
Avdeeva Ya. V.
The problem of changing the procedural norms of the Arbitration Procedure Code of the Russian Federation by the Supreme Court of the Russian Federation through the exercise of its powers to provide clarifications on issues of judicial practice
Ermakova E. P., Erbutaeva Z. K.
The use of blockchain technology in resolving private law disputes: myth or reality?
Kotov I. A., Bashilov B. I.
Application of forfeit provisions to corporate disputes: pro et contra
Kupchina E. V.
Protection of the rights of authors using smart contracts
Rabets A. P., De A. Y.
Electronic evidence in intellectual property rights cases
LABOUR LAW
Borovchenkova V. O.
An interdisciplinary research on employer control
FAMILY LAW
Denisova Yu. V.
History of the development of mediation in Russia
FINANCIAL LAW
Anishchenko O.A., Fedorenko A.S.
Judicial practice on corporate property tax: from the “civil law” criterion to the «accounting» one and vice versa
Keramova S. N., Abusalimova A. A.
Subsidy as a form of inter-budget transfer
Ulybina O. V., Dashkov T. K., Nasyrov R. R.
Legal regulation of the issue of investing in securities for civil servants
Farikova E. A.
The definition and legal forms of the state financial activity
TAX LAW
Mutuev A. I., Alieva E. B.
Problems of optimization of tax activity in the Russian Federation
ENTREPRENEURIAL LAW
Badmadorzhiev G. E.
On the question of some problems of application of the norms of the institute of invalidity of transactions in a bankruptcy case in the practice of arbitration courts
Kot M. K.
The subject composition of relations on the regulation of entrepreneurial activity: debatable issues
Do Lin
Legal provisions for Chinese commercial enterprises
INFORMATION LAW
Tolkachev M. V.
State policy on digitalization of public bodies of the Russian Federation
ECOLOGICAL LAW
Evsikova E. V., Antonova T. L.
Some aspects of the development of regulatory and legal provision of environmental safety in the subjects of the Russian Federation (on the example of the Republic of Crimea)
LAND LAW
Perelekhova T. S., Ermolina M. A.
Problems of the efficiency of land control and supervision in the context of improvement of legislation
CRIMINAL LAW
Gadzhieva A. A., Yusupova (Kurbanova) M. K.
The essence of criminal punishment, its functions and trends of punitive policy in the modern period: is the repressive approach justified?
Ismagilova G. V., Ismagilova K. A.
Legal regulation of land use in the activities of an industrial enterprise
Zorina N. S.
Socio-psychological determinants of juvenile delinquency
Kolupaev E. O.
The bribe item in the criminal law of the Russian Federation and some countries of the European Union
Kuchmezov R. A.
Crypto crime as a kind of cybercrime
Latypova D. M.
Conditions for the legitimacy of causing harm by an employee during the detention of a convict who escaped from a correctional institution
Maltseva S. N., Suleymanov T. A.
Criminal liability for the commission of conventional crimes under the legislation of foreign countries
Molchanova E. V.
Criminal penalties: history and modernity
Novikova L. V., Suleymanov T. A.
Criminal-legal assessment of non-fulfillment by medical personnel of their professional duties
Nikolaenko N. S., Derendyaeva S. D.
Modern formations of the institute of criminal liability of legal entities in Russia
Mulyukov F. B., Ibragimov A. G.
Punishment for crimes against the person under the criminal legislation of Kazakhstan, Tajikistan, and Uzbekistan
Pisarevskaya E.A., Dvorzhickaya M.A.
Issues of application of Article 264.1 of the Criminal Code of the Russian Federation
Stavilo S. P., Bohan A. P., Abdullaeva V. S.
Criminalization parameters, nature and basis of the public danger crime
Stupina S. A.
Separate issues of qualification of continued extortion
Shondirov R. Kh.
Cybercrime: goals, methods of commission, qualification problems
Chubukov B. A.
Some problems of misuse of compulsory medical insurance funds (Article 285.2 of the Criminal Code of the Russian Federation)
Kharisov A. S., Trofimov V. A.
Introducing criminal responsibility for the destruction and for the illegal trafficking of especially valuable plants and mushrooms included in the Red book of the Russian Federation
Yamshchikova I. S.
Liability for cadastral offences under CIS legislation
Brunkovskiy N. N.
The period of limitation for criminal liability in the case of detention on the territory of a foreign state
Asadullayev Ulvi Famil ogly
Characteristics of the special subject of the crime non-execution of judicial acts
Derendyaeva S. D., Nikolaenko N. S.
Categories of crimes: concept, types, meaning
Stolbin N. S.
Introducing criminal responsibility of athletes for the use of prohibited substances
CRIMINAL PROCESS
Klinchuk S. V., Nikolaeva A. P.
Procedural procedure for eliminating the causes and conditions contributing to the commission of mass riots
Rubeko G. L., Katalaeva R. O., Kornilov M. V.
The powers of a lawyer in the Russian criminal process: current state and prospects of development
Safonova Yu. S., Gorkina E. V.
Instrumental lie detection as a way of establishing the truth in criminal proceedings
Tazhudinov I. Yu.
Proceedings in the court of appeals
Burzaev S. A., Kukaev S. K., Kugultinov N. B.
The stage of initiation of a criminal case: certain aspects of legal regulation
Gildzirova A. G., Mukaeva D. N.
Termination of the criminal case at the stage of inquiry
CRIMINAL-EXECUTIVE LAW
Bazhanov S. A.
On some results of an expert survey of practical workers in correctional institutions on the evaluation of the effectiveness of the institution of parole
Kuznetsov M. I., Gryaznov S. A.
Open characterization in the certification of convicts: the experience of correctional labor institutions of the Rostov region
Rastoropov S. V., Gorshkova N. A.
Causes and conditions of occurrence and manifestation of social deviations in persons sentenced to imprisonment
Ulendeeva N. I
Development of the project management mechanism in the penitentiary system
CRIMINALISTICS
Dalelov M. L.
The importance of forensic photography and video recording in the production of investigative actions
Zhabkin A. S., Baryshnikov A. V., Yakovlev I. M.
The right of a person to demand from the body carrying out operational investigative activities information about the information received about him: limits and grounds
Mikhaylov N. V., Didorenko N. N., Pavlov D. V.
On the issue of classification of operational search activities
Poziy V. S.
On some features of the investigation of crimes under Article 186 of the Criminal Code of the Russian Federation
Dalelov M. L.
Digital transformation of forensics
Zadorozhny A. A.
Some aspects of “forensic explosives”
CRIMINOLOGY
Rastoropov S. V.
Special criminological measures to prevent convicted persons from committing crimes against life and health in correctional institutions
Ulyanova A. A.
Criminogenic factors of the cultural sphere and the basis of legal regulation
JUDICIARY
Petrosjyan D. V.
The active role of the court in administrative proceedings
Kuzmina K. S.
The concept, meaning and differences of alternative dispute resolution from legal proceedings and its place in the legal system
LAW ENFORCEMENT ACTIVITIES
Plebukh E. A.
On consideration of some issues of the organization of individual educational work with employees of the penitentiary system of the Russian Federation
LAW ENFORCEMENT AGENCIES
Biliksin V. V., Mikhaylov V. S.
PMCs Redan: the essence and correlation with extremist activity
Dolgushina L. V., Stupina S. A.
Some features of the legal regulation of the activities of the state fire supervision bodies of the Federal fire service as bodies of inquiry
Nimirovskaya Yu. K.
Sleep as the most important marker of the functional state in the professional activity of employees of internal affairs bodies
STATE AND LAW
Grishchenko A. S., Pastukhov E. V., Amirkhanyan V. G.
The role and place of the state in the political system of society
Zlobina E. A.
Effectiveness of the legislative power
Kirilin A. V.
Formation of factory inspection as a body of control over factory legislation in the Russian Empire
Miroshnichenko O. I., Dyakonova A.V.
To the question of some trends in digitalization. Looking through the COVID-19 experience
Rabadanova S. S., Dadasheva M. J.
Parliamentary investigation as a form of parliamentary control in the Russian Federation
PEDAGOGY AND LAW
Amelichkin A. V., Usov A. V.
Showing films as a means of patriotic education
Belevtsev V. V.
The role of digital technologies in the organization of fire training classes
Virta D. S., Zverev A. V., Kuleev V. Ya.
Features of construction of the training process of athletes for the service-applied sport «service biathlon» in the annual macrocycle
Kashibadze A. G.
The influence of game sports on the physical development of employees of the penal system
Makaeva G. Z., Makaev Kh. F., Konovalova E. N.
Digital educational resources in the process of foreign language training of legal students
Mandryka Yu. S., Romanov M. S., Amirova D. K., Valeeva G. Sh.
Pedagogical aspects of the development of police officers’ readiness for the prevention of juvenile delinquency
Nikolaev N. Yu., Stankov P. A., Zalaev R. D.
Some problems of fire training of police officers
Muslimov A. R., Latypova E. R.
Research of using digital communications in the activities of a modern company
Kashibadze A. G.
Tactical and special training as a basic element of professional training of employees of the penal system
MEDICAL LAW
Trefilova V. V.
History of medical law development in Russia
PSYCHOLOGY AND LAW
Madzhuga A. G., Yumagulova N. I., Gadaborsheva Z. I., Matyukhina O. S.
Empathic culture as a predictor of emotional development of personality: conceptual analysis of the problem
LANGUAGE AND LAW
Latypova E. R., Yagafarov A. I.
Communicative personality as a social phenomenon
ECONOMY. LAW. SOCIETY
Alekhin D. S., Arykbaev R. K.
The importance of program-target management in the economy of the Astrakhan region
Gaysina A. V.
The importance and role of the institution of the family in the formation of human capital
Klyavlina Ya. M., Kurbangaleeva A. R., Garifullin B. A., Amandos K. T.
Regulation of prices (tariffs) in the field of heat supply
Pimenova O. V.
Doctrinal concepts of regional integration
Radchenko E. P., Vdovina A. N.
Organizational and economic risks in the development and implementation of the project on the creation of institutions of the penal system of the combined type
Sedykh V. A., Radchenko E. P., Vdovina A. N.
Topical issues of creating a digital land use project in the penal system of the Russian Federation
Khodkovskaya Yu. V., Yakovleva R. P.
The role of geopolitical conflicts in the transformation of the global oil and gas market
Alekhin D. S., Perepechkina E. G.
Clustering as a tool for creating a regional economic management system in the context of digitalization
Vityazeva A. A.
Green finance market in Russia: prospects of development
Gadirov A. A.
Transition to environmentally friendly and resource-saving energy
Nguyen Thi Linh
Employment and income of workers in the informal economy in Vietnam
Pshibylskiy D. Yu.
Trends in the influence of digitalization on the improvement of personnel work in modern conditions
Sarbaev R. R.
Methodological aspects of assessing the resource base of the mining and metallurgical complex
PHILOSOPHY. LAW. SOCIETY
Burlova Yu. A.
The influence of normative consciousness on the dynamics of social development
Vasenkin A. V.
Socio-philosophical aspects of the development of artificial intelligence
Vildanov K. S., Yulmukhametov A. A.
The role of the value system in ensuring axiological security and preventing social and existential threats
Ivanova E. V., Guschina O. A.
The problem of applicability of the theory of archetypes by C.G. Jung to the analysis of modern religious mythology
Gofman A. A., Timoschuk A. S.
Forum externum / forum internum and the infallibility of state power
Ignatova Yu. E., Lukyanov G. I.
Social trust as a factor in the functioning of value-normative systems in Russian society
Seregin A. A.
Principle of analysis of interreligious relations
Stepanenko A. S.
Use of artificial intelligence and intellectual property of scientific search results
Sharipov A. R.
National consciousness, trends and prospects for its development in the modern world
Markova N. M.
Moral freedom: some aspects of theological and philosophical understanding
Semkin A. V.
Value foundations of communication in the aspect of the study of the modern social system and the life world of social subjects
Yugay V. V.
Social risks of self-identification of a social subject in modern Russia
E. V. Takmakova:
Prospects for achieving the national development goals of Russia in the field of living standards of the population
Interview with Takmakova Elena Valerjevna, Ph.D. in economical sciences, associate professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University.
EURASIAN INTEGRATION
Pavlova M. A., Kharitonova E. M.
International business in the context of Eurasian integration
INTERNATIONAL LAW
Efendiev O. F.
The Azerbaijani-Russian Declaration on Allied Cooperation is an important international legal act of our time
Drozdova M. A., Udalova D. V.
The Eurasian transport framework as a driver for the development of international cooperation in the transport and logistics sector within the EEU
Manevich V. V.
Cyberattacks and cyberwarfare in armed conflicts of cyberspace as a subject of regulation of international humanitarian law
Monakhov G. D.
The future of the international criminal justice system
Mkrtchyan G. Ya.
International standards for the protection of the rights of indigenous peoples
Soshnikov A. B.
Legal participants in armed conflicts through the prism of international humanitarian law
Lavorenko S. Yu.
The right to privacy in the context of judicial and quasi-judicial bodies
Melnikov F.A.
The formation of common markets in the EAEU as a natural development of the formation of an integration association
Li Jing
Fragmentation of international digital trade rules
Panova P. S.
The soviet concept of international law
Primak A. V.
The political role of Nord stream 2 in relations between the Russian Federation and The European Union
Sobin A. A.
Legal basis of the leasing company
Subbotin A. P.
The problem of regulatory regulation of the development and operation of crewless vessels
INTERNATIONAL PRIVATE LAW
Voykova N. A., Berman A. M.
Some aspects and prospects of cooperation of the EAEU member states in the framework of corporate relations
Zhuk V. S., Lishak A. D.
About the right of a foreign bank to file a petition against a Russian debtor in the absence of a judgment on a claim that falls within the scope of arbitration agreement
Ermakova E. P.
When the “pro-arbitration” policy of the United States becomes aggressive
Komleva T. M.
Procedure for declaration of heirs when inheriting by law in Spain
Aristov V. V.
Classification of regimes of property relations between spouses in foreign legal systems
Rusakova E. P., Chernysheva T. A.
«Zhi system» – «new milestone» in copyright and related rights protection in Guangzhou internet court
Potapenko D. A.
Legal regulation of international settlements using electronic money
COMPARATIVE LAW
Rudoy P. I.
Prospects for improving Russian legislation to facilitate the activities of Islamic financial institutions
THEORY OF STATE AND LAW
Bayniyazova Z. S.
The place and role of the Constitution of the Russian Federation in the legal system: value
Kabalnov D. A.
Lease agreement: stages of evolution in Russian civil legislation
Naumenko I. N.
Methods for realizing the economic function of the state: theoretical and legal aspects in crisis phenomena
Pronina K. Yu.
Legal nihilism of civil servants: concept, causes and minimization measures
CONSTITUTIONAL LAW
Alieva N. Sh., Radzhabov F. G.
Constitutional and legal relations and their subjects
Mameev I. T., Isaeva K. M.
Some aspects of the implementation of the Institute of Public Control in the Russian Federation
Khabibullaev Kh. S., Saibulayeva S. A.
The right of a citizen to participate in the management of state affairs: forms and problems of implementation
Khizriev G. M., Kurbanov K. R.
Constitutional and legal foundations of equality and self-determination of the peoples of the Russian Federation
Gordeev K. V.
The procedure for restoring the death penalty in the Russian Federation: a constitutional and legal study
Badysheva M. I., Radzhabov F. G.
The constitutional principle of political diversity in Russian legislation and the practice of its implementation
Salmanov N. N.
Implementation of the principle of separation of powers in the Russian Federation
ADMINISTRATIVE LAW
Bakulina I. P.
Problems of implementation of administrative reform of the system of ensuring sanitary and epidemiological welfare of the population
Gorovenko S. V.
Improvement of the regional management system in an emergency situation caused by the spread of a disease that poses a danger to others
Keramova S. N., Abusalimov S. A.
Prosecutor’s supervision as a way to ensure the rule of law in the sphere of executive power
Popova Yu. A., Ivanenko I. N.
About the persons participating in the case, in administrative proceedings: problems of legal regulation
Bakulina I. P.
Problems of legal provision of sanitary and epidemiological welfare of the population and achieving a balance of public and private interests in the immunoprophylaxis of infectious diseases
Kurbanov A. R., Gimbatov G. M., Akaeva K. T., Gasanaliev A. S.
Problems of executive power development. Recommendations for improving the executive power system in the Russian Federation
Shmelev I. V., Muratova E. V.
Features of judicial control in the sphere of public power on the example of Anglo-Saxon countries
ARBITRATION PROCESS
Bashilov B. I., Oleynik A. D.
Procedural and legal features of establishing the subject of evidence and challenging preferential transactions
MUNICIPAL LAW
Leis A. V.
Guidelines for municipal reform in the practice of the Constitutional Court of the Russian Federation
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Actual problems of the development of the trade union movement in modern Russia
Baisov M. M., Odegnal E. A.
Legal regulation of Internet payment services
Bochkarnikova V. A., Burkhanov R. D., Burkhanova S. D.
The legal essence of the legal relationship to compensate for the lost: theoretical aspects and problems of application practice
Deltsova N. V., Samsonov E. D.
Current problems of application of the institute of conditional performance of obligations
Donskoy O. O.
Digital financial assets in the Russian Federation and their legal regulation.
Zubkova M. N., Ibryashkina A. S.
Binary option: concept, specifics, prospects
Kuzmina K. S., Klyshevsky A. S., Vronskaya M. V.
Functioning of voluntary medical insurance in the Russian Federation: concept, types, advantages and disadvantages
Masalimova A. A.
To the question of the peculiarities of the legal nature and conditions of the transport expedition contract
Ulaeva N. L.
Certain legal aspects of the provision of paid veterinary services
Yusupova Z. F.
Legal features of the joint testament of the spouses in the Russian Federation
Yastremskiy I. A.
The features of the reflection of personal data in contracts for the provision of paid medical services for plastic surgery
Lyapustina N. A.
Trends of the application of indemnity by courts in cases under a construction contract
Makarov S. A.
Corporate name institute: historical and legal aspect
Ananjeva E. O., Ivliev P. V.
Digitalization of education and the latest technologies in education
Amirkhanov A. M.
Protection of digital currency rights: main methods, problems, legal regulation
Bavin D. E.
Big data (big data) as an object of intellectual law
Deltsova N. V., Kuznetsov K. A., Mashin A. S.
Energy as an object of civil law regulation: a functional approach
Karpova Yu. S.
Dispute resolution using blockchain technology: Kleros experience
Lababueva O. S.
The concept of electronic commerce: a comparative analysis of legislative terms
Rogov A. A.
Transformation of the institute of the domestic notary
Donskoy O. O.
NFT and their legal regulation within the Russian Federation.
Sverdlova Yu. V.
Features of the transfer of property of the testator funds during life and by succession
Styslovich A. P.
Questions of inheritance by persons conceived after the death of the testator
Fokin A. Yu.
Protection of Cultural Heritage Sites for Religious Purposes in the context of globalization
Shubny V. S.
Practical problems of managing the common property of an apartment building in terms of decision-making by its owners
Yastremskiy I. A.
Informed voluntary consent of the patient to plastic surgery: legislative regulation, meaning and content
CIVIL PROCESS
Avdeeva Ya. V.
The problem of changing the procedural norms of the Arbitration Procedure Code of the Russian Federation by the Supreme Court of the Russian Federation through the exercise of its powers to provide clarifications on issues of judicial practice
Ermakova E. P., Erbutaeva Z. K.
The use of blockchain technology in resolving private law disputes: myth or reality?
Kotov I. A., Bashilov B. I.
Application of forfeit provisions to corporate disputes: pro et contra
Kupchina E. V.
Protection of the rights of authors using smart contracts
Rabets A. P., De A. Y.
Electronic evidence in intellectual property rights cases
LABOUR LAW
Borovchenkova V. O.
An interdisciplinary research on employer control
FAMILY LAW
Denisova Yu. V.
History of the development of mediation in Russia
FINANCIAL LAW
Anishchenko O.A., Fedorenko A.S.
Judicial practice on corporate property tax: from the “civil law” criterion to the «accounting» one and vice versa
Keramova S. N., Abusalimova A. A.
Subsidy as a form of inter-budget transfer
Ulybina O. V., Dashkov T. K., Nasyrov R. R.
Legal regulation of the issue of investing in securities for civil servants
Farikova E. A.
The definition and legal forms of the state financial activity
TAX LAW
Mutuev A. I., Alieva E. B.
Problems of optimization of tax activity in the Russian Federation
ENTREPRENEURIAL LAW
Badmadorzhiev G. E.
On the question of some problems of application of the norms of the institute of invalidity of transactions in a bankruptcy case in the practice of arbitration courts
Kot M. K.
The subject composition of relations on the regulation of entrepreneurial activity: debatable issues
Do Lin
Legal provisions for Chinese commercial enterprises
INFORMATION LAW
Tolkachev M. V.
State policy on digitalization of public bodies of the Russian Federation
ECOLOGICAL LAW
Evsikova E. V., Antonova T. L.
Some aspects of the development of regulatory and legal provision of environmental safety in the subjects of the Russian Federation (on the example of the Republic of Crimea)
LAND LAW
Perelekhova T. S., Ermolina M. A.
Problems of the efficiency of land control and supervision in the context of improvement of legislation
CRIMINAL LAW
Gadzhieva A. A., Yusupova (Kurbanova) M. K.
The essence of criminal punishment, its functions and trends of punitive policy in the modern period: is the repressive approach justified?
Ismagilova G. V., Ismagilova K. A.
Legal regulation of land use in the activities of an industrial enterprise
Zorina N. S.
Socio-psychological determinants of juvenile delinquency
Kolupaev E. O.
The bribe item in the criminal law of the Russian Federation and some countries of the European Union
Kuchmezov R. A.
Crypto crime as a kind of cybercrime
Latypova D. M.
Conditions for the legitimacy of causing harm by an employee during the detention of a convict who escaped from a correctional institution
Maltseva S. N., Suleymanov T. A.
Criminal liability for the commission of conventional crimes under the legislation of foreign countries
Molchanova E. V.
Criminal penalties: history and modernity
Novikova L. V., Suleymanov T. A.
Criminal-legal assessment of non-fulfillment by medical personnel of their professional duties
Nikolaenko N. S., Derendyaeva S. D.
Modern formations of the institute of criminal liability of legal entities in Russia
Mulyukov F. B., Ibragimov A. G.
Punishment for crimes against the person under the criminal legislation of Kazakhstan, Tajikistan, and Uzbekistan
Pisarevskaya E.A., Dvorzhickaya M.A.
Issues of application of Article 264.1 of the Criminal Code of the Russian Federation
Stavilo S. P., Bohan A. P., Abdullaeva V. S.
Criminalization parameters, nature and basis of the public danger crime
Stupina S. A.
Separate issues of qualification of continued extortion
Shondirov R. Kh.
Cybercrime: goals, methods of commission, qualification problems
Chubukov B. A.
Some problems of misuse of compulsory medical insurance funds (Article 285.2 of the Criminal Code of the Russian Federation)
Kharisov A. S., Trofimov V. A.
Introducing criminal responsibility for the destruction and for the illegal trafficking of especially valuable plants and mushrooms included in the Red book of the Russian Federation
Yamshchikova I. S.
Liability for cadastral offences under CIS legislation
Brunkovskiy N. N.
The period of limitation for criminal liability in the case of detention on the territory of a foreign state
Asadullayev Ulvi Famil ogly
Characteristics of the special subject of the crime non-execution of judicial acts
Derendyaeva S. D., Nikolaenko N. S.
Categories of crimes: concept, types, meaning
Stolbin N. S.
Introducing criminal responsibility of athletes for the use of prohibited substances
CRIMINAL PROCESS
Klinchuk S. V., Nikolaeva A. P.
Procedural procedure for eliminating the causes and conditions contributing to the commission of mass riots
Rubeko G. L., Katalaeva R. O., Kornilov M. V.
The powers of a lawyer in the Russian criminal process: current state and prospects of development
Safonova Yu. S., Gorkina E. V.
Instrumental lie detection as a way of establishing the truth in criminal proceedings
Tazhudinov I. Yu.
Proceedings in the court of appeals
Burzaev S. A., Kukaev S. K., Kugultinov N. B.
The stage of initiation of a criminal case: certain aspects of legal regulation
Gildzirova A. G., Mukaeva D. N.
Termination of the criminal case at the stage of inquiry
CRIMINAL-EXECUTIVE LAW
Bazhanov S. A.
On some results of an expert survey of practical workers in correctional institutions on the evaluation of the effectiveness of the institution of parole
Kuznetsov M. I., Gryaznov S. A.
Open characterization in the certification of convicts: the experience of correctional labor institutions of the Rostov region
Rastoropov S. V., Gorshkova N. A.
Causes and conditions of occurrence and manifestation of social deviations in persons sentenced to imprisonment
Ulendeeva N. I
Development of the project management mechanism in the penitentiary system
CRIMINALISTICS
Dalelov M. L.
The importance of forensic photography and video recording in the production of investigative actions
Zhabkin A. S., Baryshnikov A. V., Yakovlev I. M.
The right of a person to demand from the body carrying out operational investigative activities information about the information received about him: limits and grounds
Mikhaylov N. V., Didorenko N. N., Pavlov D. V.
On the issue of classification of operational search activities
Poziy V. S.
On some features of the investigation of crimes under Article 186 of the Criminal Code of the Russian Federation
Dalelov M. L.
Digital transformation of forensics
Zadorozhny A. A.
Some aspects of “forensic explosives”
CRIMINOLOGY
Rastoropov S. V.
Special criminological measures to prevent convicted persons from committing crimes against life and health in correctional institutions
Ulyanova A. A.
Criminogenic factors of the cultural sphere and the basis of legal regulation
JUDICIARY
Petrosjyan D. V.
The active role of the court in administrative proceedings
Kuzmina K. S.
The concept, meaning and differences of alternative dispute resolution from legal proceedings and its place in the legal system
LAW ENFORCEMENT ACTIVITIES
Plebukh E. A.
On consideration of some issues of the organization of individual educational work with employees of the penitentiary system of the Russian Federation
LAW ENFORCEMENT AGENCIES
Biliksin V. V., Mikhaylov V. S.
PMCs Redan: the essence and correlation with extremist activity
Dolgushina L. V., Stupina S. A.
Some features of the legal regulation of the activities of the state fire supervision bodies of the Federal fire service as bodies of inquiry
Nimirovskaya Yu. K.
Sleep as the most important marker of the functional state in the professional activity of employees of internal affairs bodies
STATE AND LAW
Grishchenko A. S., Pastukhov E. V., Amirkhanyan V. G.
The role and place of the state in the political system of society
Zlobina E. A.
Effectiveness of the legislative power
Kirilin A. V.
Formation of factory inspection as a body of control over factory legislation in the Russian Empire
Miroshnichenko O. I., Dyakonova A.V.
To the question of some trends in digitalization. Looking through the COVID-19 experience
Rabadanova S. S., Dadasheva M. J.
Parliamentary investigation as a form of parliamentary control in the Russian Federation
PEDAGOGY AND LAW
Amelichkin A. V., Usov A. V.
Showing films as a means of patriotic education
Belevtsev V. V.
The role of digital technologies in the organization of fire training classes
Virta D. S., Zverev A. V., Kuleev V. Ya.
Features of construction of the training process of athletes for the service-applied sport «service biathlon» in the annual macrocycle
Kashibadze A. G.
The influence of game sports on the physical development of employees of the penal system
Makaeva G. Z., Makaev Kh. F., Konovalova E. N.
Digital educational resources in the process of foreign language training of legal students
Mandryka Yu. S., Romanov M. S., Amirova D. K., Valeeva G. Sh.
Pedagogical aspects of the development of police officers’ readiness for the prevention of juvenile delinquency
Nikolaev N. Yu., Stankov P. A., Zalaev R. D.
Some problems of fire training of police officers
Muslimov A. R., Latypova E. R.
Research of using digital communications in the activities of a modern company
Kashibadze A. G.
Tactical and special training as a basic element of professional training of employees of the penal system
MEDICAL LAW
Trefilova V. V.
History of medical law development in Russia
PSYCHOLOGY AND LAW
Madzhuga A. G., Yumagulova N. I., Gadaborsheva Z. I., Matyukhina O. S.
Empathic culture as a predictor of emotional development of personality: conceptual analysis of the problem
LANGUAGE AND LAW
Latypova E. R., Yagafarov A. I.
Communicative personality as a social phenomenon
ECONOMY. LAW. SOCIETY
Alekhin D. S., Arykbaev R. K.
The importance of program-target management in the economy of the Astrakhan region
Gaysina A. V.
The importance and role of the institution of the family in the formation of human capital
Klyavlina Ya. M., Kurbangaleeva A. R., Garifullin B. A., Amandos K. T.
Regulation of prices (tariffs) in the field of heat supply
Pimenova O. V.
Doctrinal concepts of regional integration
Radchenko E. P., Vdovina A. N.
Organizational and economic risks in the development and implementation of the project on the creation of institutions of the penal system of the combined type
Sedykh V. A., Radchenko E. P., Vdovina A. N.
Topical issues of creating a digital land use project in the penal system of the Russian Federation
Khodkovskaya Yu. V., Yakovleva R. P.
The role of geopolitical conflicts in the transformation of the global oil and gas market
Alekhin D. S., Perepechkina E. G.
Clustering as a tool for creating a regional economic management system in the context of digitalization
Vityazeva A. A.
Green finance market in Russia: prospects of development
Gadirov A. A.
Transition to environmentally friendly and resource-saving energy
Nguyen Thi Linh
Employment and income of workers in the informal economy in Vietnam
Pshibylskiy D. Yu.
Trends in the influence of digitalization on the improvement of personnel work in modern conditions
Sarbaev R. R.
Methodological aspects of assessing the resource base of the mining and metallurgical complex
PHILOSOPHY. LAW. SOCIETY
Burlova Yu. A.
The influence of normative consciousness on the dynamics of social development
Vasenkin A. V.
Socio-philosophical aspects of the development of artificial intelligence
Vildanov K. S., Yulmukhametov A. A.
The role of the value system in ensuring axiological security and preventing social and existential threats
Ivanova E. V., Guschina O. A.
The problem of applicability of the theory of archetypes by C.G. Jung to the analysis of modern religious mythology
Gofman A. A., Timoschuk A. S.
Forum externum / forum internum and the infallibility of state power
Ignatova Yu. E., Lukyanov G. I.
Social trust as a factor in the functioning of value-normative systems in Russian society
Seregin A. A.
Principle of analysis of interreligious relations
Stepanenko A. S.
Use of artificial intelligence and intellectual property of scientific search results
Sharipov A. R.
National consciousness, trends and prospects for its development in the modern world
Markova N. M.
Moral freedom: some aspects of theological and philosophical understanding
Semkin A. V.
Value foundations of communication in the aspect of the study of the modern social system and the life world of social subjects
Yugay V. V.
Social risks of self-identification of a social subject in modern Russia
EURASIAN INTEGRATION
PAVLOVA Mariya Alexandrovna
Deputy Head of Legal expertise of decisions of the Commission of the Legal Department of the Eurasian Economic Commission
KHARITONOVA Evgeniya Mikhaylovna
student of the 3rd course of the Institute of Law and National Security (specialty – customs) of the RANEPA under the President of the Russian Federation
INTERNATIONAL BUSINESS IN THE CONTEXT OF EURASIAN INTEGRATION
The present study is aimed at considering the opportunities, features and prospects of doing business within the framework of the functioning of the Eurasian Economic Union and is aimed at the need to attract the attention of all stakeholders to enhance interaction in order to effectively develop coordinated approaches and mechanisms to ensure the conduct and development of Eurasian business and international trade in general.
aim. To identify the functional significance of the Eurasian Economic Union in terms of conducting Eurasian business as a component of world trade.
tasks. To analyze the picture of international business, to determine the features of international trade carried out within the framework of integration associations and in the Eurasian union, as well as to consider possible prospects for the development of business models in the Eurasian space and the implementation of international trade by the Eurasian Economic Union, taking into account modern realities.
methods. In this paper, using the methods of logical, comparative and predictive analysis, positive trends towards the development of international business with the predominant participation of the Eurasian Economic Union are revealed.
results. The study showed that integration is an effective tool for economic development and strengthening international relations. The Eurasian Economic Union is precisely such an instrument on the platform of which interaction and strategic decision-making are carried out, ensuring the development of international trade.
Conclusion. The Eurasian Economic Union plays a significant role in the modern world, providing its members with comparative advantages and opportunities for business expansion. Meanwhile, it is necessary to stimulate the development of cooperation between the Eurasian states, including in production cooperation and specialization, taking into account common practices, activation of production and innovation policy, paying attention to the coordination of components, the synchronization of which should be the goal of the Eurasian association.
Keywords: The Eurasian Economic Union, the Treaty on the Eurasian Economic Union of May 29, 2014, world trade, integration.
References
1. Shumsky N. Integration in the Commonwealth of Independent States: problems and prospects // Mirovaya ekonomika i mezhdunarodnye otnosheniya. 1999. No. 11.
2. Official website of the Eurasian Economic Union. – [Electronic resource]. – Access mode: http://www.eaeunion.org/ (date of access: 06/16/2023).
3. Statistics of foreign and mutual trade in goods. – [Electronic resource]. – Access mode: http://www.eurasiancommission.org/ru/act/integr_i_makroec/dep_stat/tradestat/Pages/default.aspx (date of access: 06/16/2023).
4. Shlaev D. V., Kipkeeva D. R. Essence and forms of international economic integration. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46572379 (date of access: 06/16/2023).
5. Alexei Overchuk’s opening remarks at the 2023 Russian Business Weeks Integration Forum, Moving the Horizon: The Strategy of Eurasian Economic Integration in the New Conditions and the Role of Business – [Electronic resource]. – Access mode: http://government.ru/en/news/47932/ (accessed 06/17/2023).
INTERNATIONAL LAW
EFENDIEV O.F.
Ph.D. in Law, professor of international law
THE AZERBAIJANI-RUSSIAN DECLARATION ON ALLIED COOPERATION IS AN IMPORTANT INTERNATIONAL LEGAL ACT OF OUR TIME
This article discusses current international legal issues concerning the meaning and necessity of concluding this Declaration. The necessity is justified not only for the Parties to recognize each other’s territorial integrity, strengthen and develop multilateral cooperation and partnership, but also for the speedy transformation of the South Caucasus into a zone of genuine peace and good-neighborliness.
Keywords: Moscow Declaration, allied cooperation; Russia, Azerbaijan international legal act; South Caucasian states; military assistance; development of mutually beneficial foreign economic relations, and others.
Reference bibliographiclist
1. For more details, see, for example, Shurshalov V. M. Basic questions of the theory of international treaty. Publishing House of the Academy of Sciences of the USSR, M., 1959; Tunkin G.I. Questions of the theory of international law. Moscow: Yurizdat, 1962; Lisovsky V.I. International law. Kyiv: Publishing house of KGU, 1955; Lukin P. I. Sources of international law. Publishing House of the Academy of Sciences of the USSR. M., 1960; Course of international law in six volumes. T. 1. M.: Publishing house “Nauka”, 1967. S. 167-195; International public law. Textbook. Rep. ed. K. A. Bekyashev. M.: Prospekt Publishing House, 2008. S. 25-31; Course of international public law. Textbook. A common part. T. 1. Baku, 2018. S. 226-308 (in Azerbaijani) and others.
2. See Diplomatic Dictionary. T. 1. M .: Politizdat, 1960. S. 427; International law. Textbook. Rep. ed. G. V. Ignatenko, O. I. Tiunov. M., 2006. 4th edition. pp. 33-48; International law. Textbook. L. P. Anufrieva and others, responsible. ed. K. A. Bekyashev. M., 2015. S. 26-31; P. N. Biryukov. International law. Textbook for high schools. 6th ed., revised. and additional M., 2013. Ch. 5. P. 119-133 and others.
3. [Electronic resource]. – Access mode: https://azertag.az/en/xeber/ from 22.02.2022
4. See O. F. Efendiev. On the inconsistency of the attempts of the Armenian side in the Armenian-Azerbaijani conflict, to legally substantiate “the right of the Nagorno-Karabakh population to self-determination, up to separation from Azerbaijan” // “Transport Law”. Baku. HAC. 2012. No. 3. P. 66-78.
5. An example is the 1992 Rio Declaration on Environment and Development.
6. This applies in particular to the 1948 Universal Declaration of Human Rights.
7. For example, the 1984 United Kingdom-China Joint Declaration on Hong Kong
8. A typical example is declarations (statements) under an optional provision of the Statute of the International Court of Justice, which create a legal bond between the parties making them, although they are not directly addressed to each other; or; the unilateral Declaration on the Suez Canal made by Egypt in 1957 and the procedure for its operation, which was considered as an obligation of an international nature, etc.
9. For more details, see O. F. Efendiev. On the international legal significance of the Shusha Declaration on Allied Relations between Azerbaijan and Turkey // ELMI-NEZERI, TECRUBI. Baku. 2021. No. 3. P. 28-38 and others.
10. Such, for example, is the Swiss Declaration of Permanent Neutrality, recognized by other countries, and legally binding both the state that made it and other states; or the Stockholm Declaration of Neutrality of 1938, signed by Denmark, Norway, Finland and Sweden, which determined the rules for the admission of ships of warring powers to the ports and territorial waters of neutral states; Berlin Declaration on the Defeat of Germany and the Assumption of Supreme Power by the Governments of the Four Allied Powers in 1945, etc.
11. For more details, see, for example, V. M. Shumilov. International economic law in the era of globalization. Publishing House “International Relations”. M., 2003; O. F. Efendiev, E. A. Aliev. Foreign economic activity of modern Azerbaijan. Publishing house “Zardabi”. Baku, 2007, etc.
12. It should be noted that the importance of the Russian market for Azerbaijan is determined by its attractiveness for producers of non-oil sectors, the development of which is given exceptional importance in Azerbaijan. Thus, the products of the agro-industrial sector, including food products and agricultural raw materials, occupy leading positions in the structure of Azerbaijani exports to Russia, accounting for 61.14% of the total volume.
13. The participants of the Agroexpraess project – the Azerbaijani company Alliance Logistics and the Russian Railways Company (RZD) will provide transport services to this southern direction.
14. For more details, see, for example, E. A. Aliev. Modern international transport law. Textbook. A common part. LAP Lambert Pub. (Germany), 2015; on and e. International transport law and its institutions. Textbook. Publishing house “Gunesh”. Baku. 2016; O. F. Efendiev. On the issue of international legal regulation of some modern transport routes (ways) // Journal “Transport Law”. 2019. No. 1. P. 10-22 and others.
15. Thus, in 2021 alone, more than 150 bilateral meetings between Russian companies and state-owned companies of Azerbaijan took place, as a result of which a number of agreements were concluded. For example, an agreement between the EVRAZ Group of Companies and the contractor AZhD for the supply of rail products intended for the reconstruction of the Zangezur corridor and other railway lines within the framework of the ITC in the amount of $ 25 million; several flagship projects of Russian business in Azerbaijan were implemented; an assembly plant for commercial trucks was launched (GAZ Group), a helicopter service center was created (Russian Helicopters JSC), the production of NOVA-340 grain harvesters (Rostselmash LLC) was put on the conveyor, Russian-made railcars are being delivered to Azerbaijan (JSC “Altaivagon”), etc.
16. See, for example, Russia’s Economic Security: A General Course. Textbook. Ed. Senchagova V. K. 2nd edition. M. “Case”. 2005; L. P. Goncharenko. Security management. Tutorial. M., 2005, etc.
17. [Electronic resource]. – Access mode: https://zerkalo.az/prezidenty-azerbajdzhana-i-turtsii-podpisali-shushinskuyu-deklaratsiyu/
INTERNATIONAL LAW
DROZDOVA Maria Alexandrovna
Ph.D. in Law, associate professor, associate professor of History, philosophy, political science and sociology sub-faculty of the Emperor Alexander I St. Petersburg State Transport University
UDALOVA Darya Viktorovna
Ph.D. in economic sciences, senior lecturer of Accounting and auditing sub-faculty of the Emperor Alexander I St. Petersburg State Transport University
THE EURASIAN TRANSPORT FRAMEWORK AS A DRIVER FOR THE DEVELOPMENT OF INTERNATIONAL COOPERATION IN THE TRANSPORT AND LOGISTICS SECTOR WITHIN THE EEU
The article examines the current trends in the development of the transport and logistics industry within the EAEU, the formation of the current basis of international legal regulation in this area, the analysis of new interstate and national regulations governing the transformation of the paradigm of transport development of the Eurasian region. The complex geopolitical situation poses new challenges in ensuring logistical connectivity of Russia with its international partners, the digitalization of the economy and the introduction of Industry 4.0 technologies create both new opportunities and the need to increase the innovative potential of the industry to ensure its competitiveness at the global level. The study of the prospects of implementing the project “Eurasian transport framework”, taking into account the current socio-economic situation and the international sanctions imposed on Russia, allows us to formulate proposals for improving the regulatory framework to improve the effectiveness of transport and logistics policy within the EAEU.
Keywords: international law, international legal regulation of transport, international transport and logistics ecosystems, EAEC.
References
1. Baritko A. L., Kurenkov P. V. Organization and technology of foreign trade transportation // Railway transport. – 1998. – № 8.
2. Voskresenskaya T. P., Pokrovskaya O. D. Methods and algorithmization of decision-making on the formation of a terminal network in the region // Bulletin of the Ural State University of Communications. – 2010. – No. 3 (7). – S. 74-84.
3. Treaty on the Eurasian Economic Union dated May 24, 2014. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_163855/f522bc8a58357bd36f913d4c94e11cb76231d9e2/ (date of access: 05/01/2023).
4. Kurenkov P. V., Vakulenko S. P. Financial and economic solution to the problem of suburban transportation // Economics of Railways. – 2012. – No. 12. – P. 96.
5. Mokhonko V. P., Isakov V. S., Kurenkov P. V. Situational management of the transportation process // Transport: science, technology, management. Scientific information collection. – 2004. – No. 11. – P. 14.
6. Mokhonko V. P., Isakov V. S., Kurenkov P. V. Problems of creating a situational-analytical system for managing the transportation process in railway transport // Bulletin of transport information. – 2004. – No. 9. – P. 22.
7. Official website of the Eurasian Development Bank. – [Electronic resource]. – Access mode: https://eabr.org/mega-projects/evraziyskiy-transportnyy-karkas/?ysclid=liy84agswt776263060 (Accessed 05/01/2023).
8. Pokrovskaya O. D., Samuylov V. M., Nevolina A. D. Infrastructure of international transport corridors // Innovative transport. – 2013. – No. 3 (9). – S. 33-37.
9. Pokrovskaya O. D. Classification of nodes and stations as components of transport logistics // Bulletin of transport of the Volga region. – 2016. – No. 5 (59). – S. 77-86.
10. Pokrovskaya O. D. Logistic management: mathematical foundations of terminalistics, marking, classification and identification of railway transport logistics objects. – Kazan, 2017. – 281 p. – ISBN: 978-5-906873-52-1.
11. EEC Recommendation No. 26 dated November 9, 2021. – [Electronic resource]. – Access mode: https://www.alta.ru/tamdoc/21rk0026/?ysclid=lj40gk7umz20406030 (date of access: 05/08/2023).
12. Decision of the SEEC dated December 26, 2016. – [Electronic resource]. – Access mode: https://docs.eaeunion.org/docs/ru-ru/01414442/scd_11042017 (date of access: 05/01/2023).
13. Formation of the financial management system: theory, experience, problems, prospects / Collective monograph: Safronova A. A., Rudakova E. N., Kurenkov P. V. et al. – Moscow, 2018. – 228 p.
14. Eurasian Economic Commission. “Public-private partnership in the countries of the Eurasian Economic Union. Practical guide. – [Electronic resource]. – Access mode: https://eec.eaeunion.org/upload/medialibrary/38c/Evrazes_Book_2017_A4_Web.pdf?ysclid=lj45jf7yw3963664813 (Accessed 09/08/2023).
15. Pokrovskaya O. Terminalistics as the methodology of integrated assessment of transportation and warehousing systems // MATEC Web of Conferences. 10th International Scientific and Technical Conference “Polytransport Systems”, PTS 2018. – 2018. – P. 02014.
INTERNATIONAL LAW
MANEVICH Viktoriya Vasiljevna
postgraduate student of International law sub-faculty of the Diplomatic Academy of the MIA of Russia
CYBERATTACKS AND CYBERWARFARE IN ARMED CONFLICTS OF CYBERSPACE AS A SUBJECT OF REGULATION OF INTERNATIONAL HUMANITARIAN LAW
The author focuses on the problems and challenges related to the legal regulation of cyberattacks and cyberwarfare in cyberspace within the framework of international humanitarian law; highlights the issues of the application of IHL and the need to supplement it with new norms, examines the issues of responsibility for cyberattacks during armed conflicts.
Keywords: armed conflicts, cyberattacks, cyberwar, cyberspace, international humanitarian law, challenges, problems.
References
1. Korotkov S., Smirnov A. On the relationship between cybercrime and international humanitarian law in the context of ensuring international information security. [Electronic resource]. – Access mode: https://interaffairs.ru/news/show/38329?ysclid=lhg6dbyzvh926009014
2. Cordula Drege. Number 886, Volume 94: “New technologies and warfare” Get off my cloud: cyber warfare, international humanitarian law and the protection of civilians. P. 58. [Electronic resource]. – Access mode: https://international-review.icrc.org/sites/default/files/reviews-pdf/2020-10/IRRC_886_extractRUS_Get_off_my_cloud.pdf
3. Danelyan A. A. International legal regulation of cyberspace. [Electronic resource]. – Access mode: file:///C:/Users/HP/Downloads/mezhdunarodno-pravovoe-regulirovanie-kiberprostranstva%20(1).pdf
4. Verhelst E., Wouters J. Global governance in the field of cybersecurity: a view from the perspective of international law and EU law // Vestnik mezhdunarodnykh organizatsii. 2020. No. 2. C. 141-172.
5. Krasikov DV International legal responsibility of states in cyberspace. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodno-pravovaya-otvetstvennost-gosudarstv-v-kiberprostranstve/viewer
6. Zinoviev E. International information security in bilateral relations between Russia and the USA. February 22, 2023. [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/mezhdunarodnaya-informatsionnaya-bezopasnost-v-dvustoronnikh-otnosheniyakh-rossii-i-ssha/?ysclid=lhhlu4z6s8602015415
7. Garkusha-Bozhko S. Yu. 2023. “Definition of armed conflict in cyberspace” // Bulletin of St. Petersburg University. Law 1: 194-210. [Electronic resource]. – Access mode: https://doi.org/10.21638/spbul4.2023.112
8. Cyber warfare, is it really that dangerous and what are the possible consequences for the warring parties. March 14, 2023. [Electronic resource]. – Access mode: https://warways.ru/tehnologii/kiberataka.html?ysclid=lhhza7y0ry899742386
9. Moroz N. 0. 2016. International legal framework for ensuring international information security. [Electronic resource]. – Access mode: http://elib.mitso.by/bitstream/edoc/1799/1/2016%20%20-%201-079-083.pdf
10. Aevashova O.V. Vitok A.A. Provisions of the Council of Europe Convention on Cybersecurity // Law and Law. 2021. No. 11. C. 128-130.
11. Shmatkova L. P. International cooperation in the fight against cybercrime: the state and prospects of Shmatkov. Text: direct // Young scientist. 2016. No. 28 (132). pp. 720-723.
12. Sosnovskaya Yu. N., Markina E. V. On the issue of international cooperation in the field of countering cyberterrorism // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2022. No. 3. C. 253-256.
INTERNATIONAL LAW
MONAKHOV German Dmitrievitch
student of the School of Law of the Far Eastern Federal University
THE FUTURE OF THE INTERNATIONAL CRIMINAL JUSTICE SYSTEM
In this article, the author examines the trends in the development of the international criminal justice system, and also suggests its potential variant. The author in his article comes to the conclusion that regionalization is the leading trend in the development of international criminal justice. These conclusions are based on the problems of the legitimacy of the ICC in African countries, on the gradually increasing trend of regionalization of universal jurisdiction within the framework of the African Union, as well as on the analysis of the process of adoption of regional African documents on the punishment of international crimes. It seems to the author that a more effective model of the international criminal justice system will be a model that reflects the regional peculiarities of judicial systems and the legal consciousness of local residents, which is most relevant for African countries. The author also comes to the conclusion that the regionalization of international criminal law will not lead to significant criminal consequences precisely if the regional bodies of the international criminal justice system are committed to the general principles of criminal procedure law, as well as fundamental human rights.
Keywords: ICC, African Union, regionalization of international criminal law, regionalization of universal jurisdiction, Habre case, Malaba Protocol, genocide in Rwanda.
References
1. Akena M. Acholi Leaders Criticize ICC’s Operations // The Monitor Paper. – 2009. – August. – P. 63-71.
2. Bermann G. A. Taking Subsidiarity Seriously: Federalism in the European Community and the United States // Columbia University Paper. – 1994. – P. 331-338.
3. Buergenthal T., Proliferation of International Courts and Tribunals: Is It Good or Bad? // Leiden Journal of International Law. – 2001. – June 1. – P. 267-272.
4. Charney J. Is International Law Threatened by Multiple International Tribunals // Collected Courses of the Hague Academy of International Law. – 1998. – P. 105-125.
5. Dorf M., Sabel C. A Constitution of Democratic Experimentalism // Cornell Law Faculty Publications. – 1998. – March. – P. 267-473.
6. Fall M. The Extraordinary African Chambers: The Case of Hissène Habré // Africa and the International Criminal Court Asser Press – 2014. – P. 117-131.
7. Flintoft C. Our Silence on Sudan Shames Us // The Globe and Mail. – 2008. – June 16. – [Electronic resource]. – Mode of access: https://www.theglobeandmail.com/opinion/our-silence-on-sudan-shames-us/article23003670/
8. Mettraux G. Crimes Against Humanity in the Jurisprudence of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda // Harvard International Law Journal. – 2002. – No. 43. – P. 237-216.
9. Mubiala M. Vers une justice pénale régionale en Afrique // International Review of Penal Law. – 2012. – No. 83. – P. 547-557.
10. Mundis D. From “Common Law” Towards “Civil Law”: The Evolution of the ICTY Rules of Procedure and Evidence // Leiden Journal of International Law. – 2001. – No. 14. – P. 367-382.
11. Tessema M., Vesper-Gräske M. Africa, the African Union and the International Criminal Court: Irreparable Fissures? // Torkel Opsahl Academic EPublisher. – 2016. – No. 56. – P. 1-3.
12. Wald P. To Establish Incredible Events by Credible Evidence: The Use of Affidavit Testimony in Yugoslavia War Crimes Tribunal Proceedings // Harvard International Law Journal. – 2001. – No. 2. – P. 535-554.
13. Williamson, J. The Jurisprudence of the International Criminal Tribunal for Rwanda on War Crimes // New England Journal of International & Comparative Law. – 2005. – No. 5. – P. 64.
INTERNATIONAL LAW
MKRTCHYAN Gayane Yashaevna
First Secretary of the Embassy of the Republic of Armenia in the Russian Federation, postgraduate student of the 2nd course of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
INTERNATIONAL STANDARDS FOR THE PROTECTION OF THE RIGHTS OF INDIGENOUS PEOPLES
With over 400 million distinct indigenous peoples in the world today, who together represent only 5% of the world’s population but account for around 15% of the world’s poorest people, it would appear that indigenous peoples are socially and economically unsaved and therefore in need of special protection by the global community. For these reasons, international standards for the protection of indigenous peoples’ rights are being developed, and will be discussed within this paper.
Keywords: human rights. Indigenous peoples, international standards.
References
1. Analysis of the Russian and foreign legal framework, international legal acts, as well as law enforcement practice in the field of protecting the rights of indigenous peoples of the North, Siberia and the Far East of the Russian Federation. – M.: Publication of the State Duma, 2019. – 272 p.
INTERNATIONAL LAW
SOSHNIKOV Anton Borisovich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PARTICIPANTS IN ARMED CONFLICTS THROUGH THE PRISM OF INTERNATIONAL HUMANITARIAN LAW
In this article, the author examines the legal framework for determining who qualifies as a «participant» in armed conflicts under international humanitarian law. The author argues that a clear understanding of the legal status of participants is necessary to protect civilians and other non-combatants in war zones, as well as to hold accountable those who violate the rules of engagement. The author reviews the relevant provisions of the 1949 Geneva Conventions and their 1977 Additional Protocols, as well as customary international law, to identify different categories of participants in armed conflicts, including combatants, prisoners of war, and civilians. The article also examines the legal status of non-state armed groups and private military companies. The author concludes that a nuanced and flexible approach is necessary in determining the legal status of participants in armed conflicts, taking into account the evolving nature of contemporary conflicts and the changing roles of the various actors in those conflicts. This article is a valuable contribution to the ongoing debate on the legal framework of armed conflicts and will be of interest to scholars, policymakers and practitioners of international humanitarian law.
Keywords: armed conflicts, international humanitarian law, Geneva Conventions of 1949, Additional Protocols of 1977, combatants, prisoners of war, civilians, non-state armed groups, private military companies, rules of engagement, evolving nature of conflicts.
Reference list
1. Abashidze A.Kh. International humanitarian law and the protection of certain categories of persons // International Lawyer. M: Modern Economics and Law, 2007.
2. Artsibasov I. N., Egorov S. A. Armed conflict: law, politics, diplomacy. Moscow: International relations, 1989.
3. Bisultanov AK Development of international humanitarian law in the context of the changing nature of modern armed conflicts. Abstract dis. … candidate of legal sciences. M., 2016.
4. Bisultanov A. K. Action of international humanitarian law in personae and armed groups // Law and Law. 2015. No. 11. P. 146-150.
5. Bisultanov A. K. Activities of private military and security companies: the need for regulation within the framework of international humanitarian law // Education. The science. Scientific personnel. 2015. No. 6. P. 59-61.
6. Bisultanov A. K. International criminal justice and the fight against violations of international humanitarian law // Eurasian Law Journal. 2015. No. 9.
7. Blishchenko IP Conventional weapons and international law. M.: Intern. relations, 1984, pp. 85-95.
8. Boucher-Saulnier F. Practical Dictionary of Humanitarian Law. M.: Publishing house “VPK”, 2004. S. 14.
9. David E. Principles of the Law of Armed Conflict: Lecture Course of the Faculty of Law of the Open University of Brussels. Moscow: International Committee of the Red Cross, 2000.
10. current international law. T. 2. M: Moscow Independent Institute of International Law, 1997.
11. Kalugin V. Yu. The course of international humanitarian law. Minsk: Tesey, 2006. S. 15-26
12. Kalskhoven F. Limits of methods and means of warfare. Moscow: ICRC, 1999.
13. Martynenko E. V., Bisultanov A. K. Hybrid War and International Humanitarian Law // Eurasian Law Journal. 2016. No. 6. P. 24-26.
14. Pictet J. Development and principles of international humanitarian law. Moscow: ICRC, 2000.
INTERNATIONAL LAW
LAVORENKO Sabrina Yurjevna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE RIGHT TO PRIVACY IN THE CONTEXT OF JUDICIAL AND QUASI-JUDICIAL BODIES
The article is dedicated to the problem of securing and interpreting the right to privacy in the practice of judicial and quasi-judicial bodies. Within the framework of the article, the author analyzes the practice of the Human Rights Committee on the consideration of individual complaints. As a result, the author comes to the conclusion that despite all the differences in approaches to the interpretation of the content of the right to privacy, the Committee’s practice to a high degree provides legal protection against interference with privacy, but the right to privacy is developing so rapidly that it requires new approaches and mechanisms to protect it.
Keywords: human rights, right to privacy, International Covenant on Civil and Political Rights, UN Human Rights Committee, public international law.
References
1. International Covenant on Civil and Political Rights, December 16, 1966. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml (date of access: 01/11/2023).
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3. Guidance on the application of Article 8 of the European Convention on Human Rights. [Electronic resource]. – Access mode: https://www.echr.coe.int/Documents/Guide_Art_8_RUS.pdf (date of access: 01/13/2023).
4.HRC. Case of Fulmati Nyaya v. Nepal. ApApplication No. CCPR/C/125/D/2556/2015. Judgment of 21 March 2019. [Electronic resource]. – Access mode: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?Lang=en&symbolno=CCPR%2FC%2F125%2FD%2F2556%2F2015 (date of application: 01/13/2023) .
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6.HRC. Case of Norma Portillo Caceres v. Paraguay. Application No. CCPR/C/126/D/2751/2016. Judgment of 30 September 2013. [Electronic resource]. – Access Mode: https://undocs.org/Home/Mobile?FinalSymbol=CCPR%2FC%2F126%2FD%2F2751%2F2016&Language=E&DeviceType=Desktop&LangRequested=False (date of application: 01/13/2023) .
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8.HRC. Case of Karen Noelia Llantoy Huaman v. Peru. Application No. CCPR/C/85/D/1153/2003. Judgment of 13 November 2002. [Electronic resource]. – Access mode: https://undocs.org/Home/Mobile?FinalSymbol=CCPR%2FC%2F85%2FD%2F1153%2F2003&Language=E&DeviceType=Desktop&LangRequested=False (date of application: 01/13/2023) .
9.HRC. Case of Coeriel et al. v. The Netherlands. Application No. CCPR/C/52/D/453/1991. Judgment of 9 December 1994. [Electronic resource]. – Access mode: http://hrlibrary.umn.edu/undocs/html/vws453.htm (date of application: 06/06/2023).
10.HRC. Case of Andrea Vandom v. Republic of Korea. Application No. CCPR/C/123/D/2273/2013. Judgment of 12 July 2018. [Electronic resource]. – Access Mode: https://undocs.org/Home/Mobile?FinalSymbol=CCPR%2FC%2F123%2FD%2F2273%2F2013&Language=E&DeviceType=Desktop&LangRequested=False (date of application: 01/15/2023) .
11.HRC. Case of Khidirnazar Allakulov v. Uzbekistan. Application No. CCPR/C/120/D/2430/2014. Judgment of 19 July 2017. [Electronic resource]. – Access mode: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Download.aspx?symbolno=CCPR%2FC%2F120%2FD%2F2430%2F2014&Lang=ru (date of application: 01/15/2023) .
12.HRC. Case of Indira Umarova v. Uzbekistan. Application No. CCPR/C/100/D/1449/2006. Judgment of 26 January 2006. [Electronic resource]. – Access mode: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2F100%2FD%2F1449%2F2006&Lang=ru (date of application: 01/18/2023) .
13.HRC. Case of Andrey Sannikov v. Belarus. Application No. CCPR/C/122/D/2212/2012. Judgment of 6 April 2018. [Electronic resource]. – Access Mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/133/04/PDF/G1813304.pdf?OpenElement (date of application: 01/18/2023).
14.HRC. Case of Malika bint-Jael and Merwan Ben-Jael v. Algeria. Application No. CCPR/C/128/D/2893/2016. Judgment of 27 March 2020. [Electronic resource]. – Access Mode: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2F128%2FD%2F2893%2F2016&Lang=en (date of application: 01/18/2023) .
15 HRC. Case of Corinne Horvath v. Australia. Application No. CCPR/C/110/D/1885/2009. Judgment of 27 March 2014. [Electronic resource]. – Access Mode: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2F110%2FD%2F1885%2F2009&Lang=es (date of application: 01/22/2023) .
16.ECHR. Case of McLeod v. he United Kingdom. Application No. 72/1997/856/1065. Judgment of 23 September 1998. [Electronic resource]. – Mode of access: https://policehumanrightsresources.org/content/uploads/2019/08/CASE-OF-McLEOD-v.-THE-UNITED-KINGDOM.pdf?x19059 (date of application: 01/22/2023).
17. Code of Criminal Procedure of the Republic of Belarus July 16, 1999 [Electronic resource]. – Access mode: https://etalonline.by/document/?regnum=HK9900295 (date of access: 24.01.2023).
18 HRC. Case of Leonid Reichman. v. Latvia. Application No. CCPR/C/100/D/1621/2007. Judgment of 28 October 2010. [Electronic resource]. – Access mode: http://hrlibrary.umn.edu/russian/hrcommittee/Rview1621sess100.html (date of application: 01/25/2023).
19 HRC. Case of Zeyad Khalaf Hamadi El-Gortani. v. Bosnia and Herzegovina. Application No. CCPR/C/109/D/1955/2010. Judgment of 01 November 2013. [Electronic resource]. – Access mode: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Download.aspx?symbolno=CCPR%2FC%2F109%2FD%2F1955%2F2010&Lang=en (date of application: 01/25/2023) .
20 HRC. Case of R. M. and F. M. v. Denmark. Application No. CCPR/C/126/D/2685/2015. Judgment of 24 July 2019. [Electronic resource]. – Access Mode: https://undocs.org/Home/Mobile?FinalSymbol=CCPR%2FC%2F126%2FD%2F2685%2F2015&Language=E&DeviceType=Desktop&LangRequested=False (date of application: 01/25/2023) .
21 HRC. Case of Isabel Morales Tornel, Francisco Morales Tornel and Rosario Tornel Roca v. Spain. Application No. CCPR/C/95/D/1473/2006. Judgment of 20 March 2009. [Electronic resource]. – Access mode: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2F95%2FD%2F1473%2F2006&Lang=en (date of application: 01/26/2023) .
22 HRC. Case of Stefan Lars Nystrom v. Australia. Application No. CCPR/C/102/D/1557/2007. Judgment of 18 July 2011. [Electronic resource]. – Access mode: https://digitallibrary.un.org/record/711078?ln=ru (date of application: 01/26/2023).
23 HRC. Case of A.M.H. el-Hagog Jumaa et al. v. Libya. Application No. CCPR/C/111/D/1958/2010. Judgment of 21 July 2014. [Electronic resource]. – Access Mode: https://undocs.org/Home/Mobile?FinalSymbol=CCPR%2FC%2F111%2FD%2F1958%2F2010&Language=E&DeviceType=Desktop&LangRequested=False (date of application: 01/26/2023) .
INTERNATIONAL LAW
MELNIKOV Fedor Alexandrovich
postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE FORMATION OF COMMON MARKETS IN THE EAEU AS A NATURAL DEVELOPMENT OF THE FORMATION OF AN INTEGRATION ASSOCIATION
The article substantiates the development of integration processes of EAEU member states on the basis of interstate relations of EAEU member states in the conditions of multipolar world community formation. The article also analyzes the factors that affect the integration processes of the EAEU and points to the need for further development of integration relations of EAEU member states. The main trends of integration and factors determining its effectiveness are analyzed. Factors hindering the development of integration of Eurasian Economic Union member states are considered.
Keywords: multipolarity regional integration, integration process, Eurasian Economic Union (EAEU).
References
1. Afanasyeva E. V., Bitieva Z. R., Yaroshenko A. S. Specifics of modern integration processes: the EAEU in a globalizing world // Bulletin of Eurasian Science. – 2019. – № 3.
2. Baikov A. A. Economic integration as a world political phenomenon. Essay on the theory and methodology of comparative assessment // Outlines of global transformations: politics, economics, law. – 2017. – No. 4. – P. 38-53.
3. Vyunov V. N., Filippova M. G., Mamedov R. M., Korotovsky V. V., Rzayeva E. A., Kofanov V. A. Some prospects and contradictions in the development of the EAEU // Young scientist. – 2016. – No. 8. – P. 520-523.
4. Eurasian economic integration-2020. – M.: EDB PUBLICATIONS, 2020. – 80 p.
5. Izotov V. S., Meshkova T. A., Teplov A. S. The prospect of forming a single financial market of the EAEU from the point of view of Russian interests: opportunities and limitations // Bulletin of international organizations. – 2020. – T. 15. – No. 3. – P. 129–152
6. Migranyan A. A., Shavina E. V. Formation of common electricity and gas markets in the EAEU: market models, barriers and solutions // Outlines of global transformations: politics, economics, law. – 2019. – T. 12. – No. 6. – P. 220–245.
7. Text of the Treaty on the Eurasian Economic Union // Ministry of Economic Development of the Russian Federation. Official site. – [Electronic resource]. – Access mode: http://economy.gov.ru/minec/about/structure/depSNG/agreementeurasian-economic-union (date of access: 06/02/2023).
INTERNATIONAL LAW
LI Jing
postgraduate student of the School of Law of the Sun Yat-sen University; lecturer of the School of Foreign Languages of the Hunan University of Finance and Economics
FRAGMENTATION OF INTERNATIONAL DIGITAL TRADE RULES
The fragmentation of international digital trade rules is manifested in the coexistence of bilateral and regional trade agreements, WTO multilateral mechanisms and special agreements, which makes digital trade rules crisscross and overlap. The trend of fragmentation is not only related to different political will of various parties, but also related to the lack of economic growth drivers. However, the most fundamental reason is the difference in development level between developing countries and the least developed countries and developed countries. The plurilateral negotiations on e-commerce under the framework of WTO provide a possible path for constructing a set of binding international digital trade rules suitable for the whole world. To this end, the conclusion of an International Digital Trade Agreement should be actively promoted.
Keywords: Digital Trade, Fragmentation, International Agreement
Bibliography
1. Ministerial Conference Second Session, “Declaration on Global Electronic Commerce Adopted on 20 May 1998”, WTO WT/MIN(98)/DEC/2, 25 May 1998.
2.WTO, “Work Program on Electronic Commerce” Adopted by the General Council on 25 September 1998, WTO WT/L/274, 30 September 1998.
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4. Wu Mark, “Digital Trade-Related Provisions in Regional Trade Agreements: Existing Models and Lessons for the Multilateral Trade System”, RTA Exchange. Geneva: International Center for Trade and Sustainable Development (ICTSD) and the Inter-American Development Bank (IDB), 2017, P. 6.
5. Mira Burri, “Approaches to Digital Trade and Data Flow Regulation across Jurisdictions: Implications for the Future ASEAN-EU Agreement”, Legal Issues of Economic Integration, Vol. 49, no. 2, 2022, Pp. 150-151.
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8. Henry Gao, “Across the Great Wall: E-commerce Joint Statement Initiative Negotiation and China”, in Shin-yi Peng, Ching-Fu Lin, & Thomas Streinz (Eds.), Artificial Intelligence and International Economic Law, Cambridge: Cambridge University Press, 2021, P. 310.
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INTERNATIONAL LAW
PANOVA Polina Sergeevna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE SOVIET CONCEPT OF INTERNATIONAL LAW
The article analyzes the evolution of Soviet scientists’ views on international law and law in general. The uniqueness of approaches to understanding the essence of international legal personality in the early periods of the development of Soviet legal science is revealed. The article contains the periodization of the doctrines depending on the change of the political context, the points of view of foreign specialists on the Soviet international law are given.
Keywords: international law, international legal personality, doctrine of international law, the science of international law, the subject of the law of nations, bourgeois law.
References
1. Dallin A. The Soviet View of the United Nations // International Organization. – 1962. – No. 16 (1). – R. 20 36. [Electronic resource]. – Access mode: https://doi.org/10.1017/S0020818300010791 (date of access: 20.04.2023).
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6. Vyshinsky A. Ya. Soviet state law. Textbook. – M.: Yurid. Publishing House of the NKJU USSR, 1938. – 652 p.
7. Korovin E. A. International law of transition / 2nd ed., add. – Moscow: State. publishing house, 1924. – 143 p.
8. Osin R. S. The contribution of A. Ya. Vyshinsky to the development of the Marxist philosophy of law: theory and modernity // Obozrevatel – Observer. – 2020. – No. 1 (360). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vklad-a-ya-vyshinskogo-v-razvitie-marksistskoy-filosofii-prava-teoriya-i-sovremennost (date of access: 05/01/2023)
9. Comrade Stalin’s report at the 18th Party Congress on the work of the Central Committee of the All-Union Communist Party of Bolsheviks / Problems of Economics, vol. 3. – M .: SOTSEKGIZ, 1939. – 240 p. [Electronic resource]. – Access Mode: https://istmat.org/files/uploads/61147/problemy_ekonomiki._no3_1939.pdf (accessed 03/26/2023).
10. Pashukanis E. B. General theory of law and Marxism. Edition 3rd. – M., 1927. – 135 p.
11. Tlepina Sh. V. Basic political and legal concepts of Soviet jurisprudence // Legal state: theory and practice. – 2014. – No. 3 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osnovnye-politiko-pravovye-kontseptsii-sovetskoy-yurisprudentsii (date of access: 04/20/2023).
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INTERNATIONAL LAW
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University
THE POLITICAL ROLE OF NORD STREAM 2 IN RELATIONS BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION
Transport and transport routes are a factor of strength, a factor in the formation of political elites. They are a method of integration and globalization, and also act as a “shield” from isolation, due to the economic dependence of the recipient countries of resources. The undermining of the gas pipeline “Nord stream” and “Nord stream-2” connecting Russia and Germany, in September 2022 was the first act against cross-border energy infrastructure on a continental scale and global significance. In the article, the author examines the political role of Nord Stream-2 in relations between Russia and the EU.
Keywords: transport, transport routes, resources, European Union, integration, political role.
References
1. Bazhanov E. P., Bazhanova N. E. International relations in the XXI century. – M.: East – West, 2011. – 167 p.
2. Barkovsky A. N., Alabyan S. S., Morozenkova O. V. Consequences of Western sanctions and reciprocal sanctions of the Russian Federation // Russian Foreign Economic Bulletin. – 2015. – № 9.
3. Bessel V. V., Kucherov V. G., Lopatin A. S., Martynov V. G. Change of paradigm in the global energy market // Gas industry. – 2017. – No. 4. – S. 28–33
4. Vvedensky B. A. Small Soviet Encyclopedia. T. 3. – M.: Soviet Encyclopedia, 1959. – S. 222.
5. Voloshin V.I. Energy policy of the USA and cooperation between Russia and the EU in oil and gas supply // Russian Foreign Economic Bulletin. – 2018. – No. 9. – C. 58-75.
6. Gamzaev B. A. The state and features of the development of pipeline transport in Russia at the present stage // Molodoy ucheny. – 2019. – No. 3 (241). – P. 155-159.
7. Giniyatov F. M. NATO expansion to the east and the position of Russia // Bulletin of Economics, Law and Sociology. – 2012. – No. 1. – P. 176-178.
8. Gulyaev M. M. Development of energy cooperation between Russia and the EU: results of the first two decades of dialogue // Economics. – 2017. – No. 9. – P. 38-42.
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11. Manoilo A. V., Katkov I. E. Political aspects of the implementation of the Nord Stream 2 project // Bulletin of the Kemerovo State University. Series: Political, sociological and economic sciences. – 2020. – V. 5. No. 1. – S. 16-24.
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14. Urazgaliev V. Sh., Titkov M. V. The gas component of the energy security of Russia // Bulletin of St. Petersburg University. Economy. – 2018. – T. 34. No. 2. – C. 176-216.
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INTERNATIONAL LAW
SOBIN Anton Andreevich
MBA, DBA, graduate of the Graduate School of Corporate Governance, Graduate School of International Business of the RANEPA under the President of the Russian Federation
LEGAL BASIS OF THE LEASING COMPANY
The relevance of the work lies in the need to realize that understanding and compliance with the legal framework is crucial for the smooth and legitimate operation of a leasing company, it helps to protect the rights and interests of both the company and its customers , ensures compliance with applicable laws and regulations, and also strengthens trust in the leasing industry. The object of research is the legal space of economic systems, the subject of research is the leasing activity of a business entity.
The article notes that the legal basis for the activities of a leasing company may vary in different countries and jurisdictions, therefore leasing companies should carefully study and comply with relevant laws and regulations to ensure the legality and ethics of their activities, as well as the protection of the rights and interests of their customers.
Keywords: legislative initiative, intellectual property, federal law, lessee, leasing service.
References
1. Nevitt P. K., Fabozzi F. J. Equipment leasing. – John Wiley & Sons, 2000. – T. 60.
2. Merrill T. W. The economics of leasing // Journal of Legal Analysis. – 2020. – T. 12. – S. 221-272. – DOI 10.1093/jla/laaa003/
3. Tomescu R. A. The Financial Leasing Market from the Perspective of Current Legal Realities // Persp. L.Pub. Admin. – 2022. – T. 11. – S. 246.
INTERNATIONAL LAW
SUBBOTIN Anatoliy Pavlovich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE PROBLEM OF REGULATORY REGULATION OF THE DEVELOPMENT AND OPERATION OF CREWLESS VESSELS
In the article the author made an attempt to analyze the existing legal framework for the regulation and operation of manned ships. The problem of using advanced technologies, including artificial intelligence control systems in the field of merchant shipping is that the current international legal model of regulation is not able to meet the challenges of our time. The author proposes ways of development of the institute of regulation of activity on the use of autonomous technologies both in internal waters and on the high seas.
Keywords: international maritime law, autonomous surface navigation, artificial intelligence, external captain, merchant shipping, international maritime organization.
References
1. Pereira L. M., Saptawijaya A. Modeling Morality with Prospective Logic // International Journal of Reasoning-based Intelligent Systems, 2009, Internet access mode. [Electronic resource]. – Access mode: https://pdfs.semanticscholar.org/2ecc/67e7929cf613976d33ff6479589b7b62dfce.pdf (accessed 05/13/2023).
2. Leonov V. Twenty-three principles of Asilomar // Modern mechanical engineering: a scientific and technical journal. – 2017. [Electronic resource]. – Access mode: https://www.sovmash.com/node/348 (date of access: 05/12/2023).
3. Civil Code of the Russian Federation (as amended on May 16, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 05/18/2023).
4. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 05/13/2023).
5. Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ (as amended on February 28, 2023) (as amended and supplemented, effective from May 21, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 05/24/2023).
6. Decree of the Government of the Russian Federation dated March 29, 2018 No. 534-r “On approval of the action plan (road map) to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technological Initiative in the Marinet direction”. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001201804060052 (date of access: 05/13/2023).
7. Website of the International Maritime Organization, Internet access mode. [Electronic resource]. – Access mode: https://www.imo.org/ (date of access: 05/13/2023).
8. United Nations Convention on the Law of the Sea 1982. [Electronic resource]. – Mode of access: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_r.pdf (accessed 13/05/2023).
9. International Convention for the Safety of Life at Sea, 1974. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901765675 (date of access: 05/13/2023).
10. Convention on the International Regulations for Warning Ships at Sea, 1972 (as amended on November 29, 2001). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1901005 (date of access: 05/13/2023).
11. International Convention for the Prevention of Pollution from Ships, 1973 (as amended)resolutions of 26 September 1997). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901764502 (date of access: 05/13/2023).
12. International Convention on the Training, Certification and Watchkeeping of Seafarers, 1978. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901985669 (date of access: 05/13/2023).
PRIVATE LAW INTERNATIONAL
VOYKOVA Natalya Andreevna
Ph.D. in Law, associate professor of the Patrice Lumumba People’s Friendship University of Russia
BERMAN Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Law Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
SOME ASPECTS AND PROSPECTS OF COOPERATION OF THE EAEU MEMBER STATES IN THE FRAMEWORK OF CORPORATE RELATIONS
The European Economic Union (hereinafter EAEU) replaced the Eurasian Economic Community (EurAsEC). The goal of the creation and development of the EAEU, among other things, is to ensure the stable development of the economies of the participating countries, modernize them and increase the standard of living of the population. To achieve this goal, the members of the association carry out “coordinated or unified economic policies.” Currently, the EAEU includes five countries: the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation. The presented study will discuss the status and activities of special legal entities in the EAEU, the possibility of integrating the laws of these countries and the necessary, according to the authors, changes and specifics of relations between these countries for the implementation of their policies.
Keywords: integration, unification, legal entities, internal control, performance
PRIVATE LAW INTERNATIONAL
ZHUK Valeriya Sergeevna
magister student of the program “Corporate and International Private Law” of the National Research University “Higher School of Economics”
LISHAK Anastasia Dmitrievna
bachelor of Law of the Russian State University of Justice, trainee lawyer in the ICA “VINDICTA”
ABOUT THE RIGHT OF A FOREIGN BANK TO FILE A PETITION AGAINST A RUSSIAN DEBTOR IN THE ABSENCE OF A JUDGMENT ON A CLAIM THAT FALLS WITHIN THE SCOPE OF ARBITRATION AGREEMENT
The Bankruptcy Law (127-FZ) grants credit institutions the right to initiate bankruptcy proceedings without confirming the debt by a court decision. However, literally this norm creates uncertainty: does a bank have this advantage on every claim? What happens if the case is complicated by a foreign element on the creditor’s side? Does the arbitration clause affect the initiation of the case? – this is what the present study is about.
Keywords: insolvency, bankruptcy, cross-border bankruptcy, arbitration clause, arbitrability, rights of credit institutions, initiation of bankruptcy proceedings, foreign element.
References
1. Anishchenko A. A. and Yuryeva M. V. Arbitration clause – a hidden weapon // “Industrial and Commercial Law”. – 2008. – № 03 // SPS Consultant Plus.
2. Kuznetsov S. A. The main problems of the legal institution of insolvency (bankruptcy). – M.: Infotropic Media, 2015. – § 3 ch. 3 // ATP “Consultant Plus”.
3. Lunaeva T. A. “International Commercial Arbitration: Textbook” (issue 9) (2nd edition, revised and supplemented) (scientific editors O. Yu. Skvortsov, M. Yu. Savransky, G. V. Sevastyanov ) (“The editors of the journal “Arbitration Court”, “Statut”, 2018). – § 6.2.1 // ATP Consultant Plus.
4. Mertvishchev A. V. Peculiarities of initiating insolvency (bankruptcy) proceedings at the request of a credit institution // Economic Justice in the Ural District. – 2018. – № 4. – 218 p.
5. Mokhova E. V. Insolvency (bankruptcy): Training course. In 2 volumes / Ed. Doctor of Law, Prof. S. A. Karelina. T. 2. – M.: Statute, 2019. – 848 p.
PRIVATE LAW INTERNATIONAL
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
WHEN THE “PRO-ARBITRATION” POLICY OF THE UNITED STATES BECOMES AGGRESSIVE
The article notes that the adoption of the Federal Arbitration Act (FAA) in the USA in 1925 marked the recognition of the advantages of arbitration and established a national policy favorable to arbitration. Up to this point, the only source of legal regulation of arbitration in the United States were judicial precedents, and federal courts were reluctant to force the parties to arbitrate disputes on the basis of arbitration agreements. The “pro-arbitration” policy of the United States, which has been in force since 1925, is now becoming more and more aggressive. An example of this is the decision in the case “GE Energy Power Conversion France SAS, Corp v. Outokumpu Stainless USA, LLC” dated 06/01/2020, in which the US Supreme Court unanimously ruled that the New York Convention of 1958 does not prevent the coercion of a party that has not signed an arbitration agreement to arbitration on the basis of estoppel by right of equity.
Keywords: US arbitration, “pro-arbitration” policy, Federal Arbitration Act, arbitrability, estoppel.
References
1. Karabelnikov B. R. Again arbitrability, or a new song in the old way // Law. – 2018. – No. 10. – P. 148-157.
2. Kurochkin S. A. Arbitrability and jurisdiction: questions of theory. – 2015. – No. 1 (97). – S. 32-45.
3. Rusakova E. P., Yong Dominguez E. H. Extending the Arbitration Clause to Non-Signatory Parties: Lessons in Comparative Law // Legal Concept = Legal Paradigm. – 2021. – T. 20. No. 1. – S. 144-154. – DOI: https://doi.Org/10.15688/lc.jvolsu.2021.1.22.
4. Sitkareva E. V. Problems of using arbitration in class actions in resolving financial disputes in the USA // Comparative legal aspects of legal relations of civil circulation in the modern world: collection of articles of the International scientific and practical conference in memory of Professor V. K. Puchinsky, Moscow, 12 October 2018 / Peoples’ Friendship University of Russia. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2018. – P. 331-339.
5. Bermann G. What does it mean to be ‘pro-arbitration’? // Arbitration International. – 2018. Vol. 34. – R. 341-353. DOI: http://dx.doi.org/10.1093/arbint/aiy025 (accessed 3/3/2023).
6. Certilman S. Throw Down the Muskets, Seek Out the Town Elders. This Is a Brief History of Arbitration in the United States // New York Dispute Resolution Lawyer. – Spring 2010. – Vol. 3. No. 1.-Pp. 10-13. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=1690512 (Accessed: 03/04/2023).
7. Emerson R., Hunt Z., Franchisees, Consumers, and Employees: Choice and Arbitration // William & Mary Business Law Review. – 2022. – Vol. 13. Iss. 2. – P. 487-572 – [Electronic resource]. – Access mode: https://scholarship.law.wm.edu/wmblr/vol13/iss2/5 (date of access: 02/10/2023).
8. Stanford M. Odd Man Out: A Comparative Critique of the Federal Arbitration Act’s Article III Shortcomings // California Law Review, Inc. – 2017. – Vol. 105. Iss. 3.-Pp. 929-984. DOI: https://dx.doi.org/10.15779/Z38GH9B835.
PRIVATE LAW INTERNATIONAL
KOMLEVA Tatyana Mikhaylovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PROCEDURE FOR DECLARATION OF HEIRS WHEN INHERITING BY LAW IN SPAIN
The article is dedicated to some issues of inheritance by law in Spain. The author, based on normative and doctrinal sources, analyzes procedure for declaring heirs when inheriting by law in Spain and gives its definition; identifies situations when an inheritance case is to be opened by law; shows a list of the main documents required to start this procedure; indicates the persons who are authorized to carry out this procedure. Based on the results of the procedure for declaring heirs, a Declaration of heirs is drawn up; such Declaration is a mandatory document for opening an inheritance case by the law. The author demonstrates its meaning and content as well as gives the general order of heirs when inheriting by law.
Keywords: inheritance, inheritance law, Spain, notary, procedure for declaring heirs by law, Declaration of heirs in Spain.
References
1. Declaration of heirs. Civil Law, Inheritance. Conceptos Juridicos.com. [Electronic resource]. – Mode of access: https://www.conceptosjuridicos.com/declaracion-de-herederos/ (Accessed: 01/15/2023).
2. Declaration of heirs: what is it and how to do it? LEAN Abogados. [Electronic resource]. – Mode of access: https://www.leanabogados.com/especialistas-herencias/declaracion-de-herederos/ (accessed 15.01.2023).
3. Declaration of the announcement of heirs without a will. Rodenas Abogados. [Electronic resource]. – Mode of access: https://www.rodenasabogados.com/declaracion-de-herederos-abintestato/#Declaracion_de_herederos_por_el_Juzgado (accessed 15.01.2023).
4. Law 15/2015 of 02 July on voluntary jurisdiction, promulgatedforged in BOE no. 158, dated 03/07/2015, vst. in force 23/07/2015, ref: BOE-A-2015-7391. [Electronic resource]. – Access mode: https://www.boe.es/buscar/act.php?id=BOE-A-2015-7391&p=20221020&tn=2 (Accessed 25.01.2023).
5. Law on Notaries of May 28, 1862, published in Gaceta de Madrid no. 149 dated 05/29/1862, inst. effective 19/06/1862. Reference: BOE-A-1862-4073. [Electronic resource]. – Access mode: https://www.boe.es/buscar/act.php?id=BOE-A-1862-4073&p=20210710&tn=1#a55 (Accessed: 10.02.2023).
6. Korneeva I. L. Inheritance law: textbook and workshop for universities. – 6th ed., Rev. – Moscow: Yurayt Publishing House, 2023. – 282 p. – (Higher education). – ISBN 978-5-534-15982-0. – Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/516905 (date of access: 02/07/2023).
7. Royal Decree of July 24, 1889, approving the Civil Code, published in Gaceta de Madrid, no. effective 16/08/1889. Reference: BOE-A-1889-4763. [Electronic resource]. – Access mode: https://www.boe.es/buscar/act.php?id=BOE-A-1889-4763&p=20211216&tn=1 (Accessed: 01/15/2023).
8. Inheritance law: textbook / Ed. ed. R. A. Kurbanova, O. V. Shvedkova. – Moscow: Prospect, 2022. – 192 p. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/357523000_Nasledstvennoe_pravo_ucebnik_Pod_obs_red_R_A_Kurbanova_R_A_Kurbanov_E_V_Bogdanov_T_E_Zulfugarzade_i_dr_-_Moskva_Prospekt_2022_-_192_s) (date accessed: 07.02.2023).
9. Declaracion de herederos abintestado. Rodenas Abogados. [Electronic resource]. – Mode of access: https://www.rodenasabogados.com/declaracion-de-herederos-abintestato/#Declaracion_de_herederos_por_el_Juzgado (fecha de la solicitud: 15.01.2023).
10. Declaration of herederos. Derecho Civil, Herencias. Conceptos Juridicos.com. [Electronic resource]. – Mode of access: https://www.conceptosjuridicos.com/declaracion-de-herederos/ (fecha de la solicitud: 15.01.2023).
11. Derecho de sucesiones: libro de texto / ed. edicion R. A. Kurbanova, O. V. Shvedkova. – Moscow: Avenida, 2022. – 192 p. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/357523000_Nasledstvennoe_pravo_ucebnik_Pod_obs_red_R_A_Kurbanova_R_A_Kurbanov_E_V_Bogdanov_T_E_Zulfugarzade_i_dr_-_Moskva_Prospekt_2022_-_192_s) (fecha de la solicitud: 02/07/2023).
12. Korneeva I. L. Derecho de sucesiones: libro de texto y taller para universidades / I. L. Korneeva. – 6ª ed., rev. – Moscow: Editorial Urayt, 2023. – 282 p. – (Education más alta). – ISBN 978-5-534-15982-0. – Texto: electrónico // Plataforma educativa Urayt [sitio web]. [Electronic resource]. – Access mode: https://urait.ru/bcode/516905 (fecha de la solicitud: 02/07/2023).
13. La declaracion de herederos: ¿qué es y cómo debe hacerse? LEAN Abogados. [Electronic resource]. – Mode of access: https://www.leanabogados.com/especialistas-herencias/declaracion-de-herederos/ (fecha de la solicitud: 15.01.2023).
14. Ley 15/2015, de 2 de julio, de la Jurisdicción Voluntaria, publicado en “BOE” núm. 158, de 03/07/2015, entró en vigor 23/07/2015. Reference: BOE-A-2015-7391. [Electronic resource]. – Mode of access: https://www.boe.es/buscar/act.php?id=BOE-A-2015-7391&p=20221020&tn=2 (fecha de la solicitud: 25.01.2023).
15. Ley del Notariado de 28 de mayo de 1862, publicado en “Gaceta de Madrid” núm. 149 de 05/29/1862, entró en vigor 06/19/1862. Reference: BOE-A-1862-4073. [Electronic resource]. – Mode of access: https://www.boe.es/buscar/act.php?id=BOE-A-1862-4073&p=20210710&tn=1#a55 (fecha de la solicitud: 10.02.2023).
16. Real Decreto de 24 de julio de 1889 por el que se publica el Código Civil, publicado en “Gaceta de Madrid” núm. 206, de 25 de julio de 1889, entró en vigor 08/16/1889. Reference: BOE-A-1889-4763. [Electronic resource]. – Mode of access: https://www.boe.es/buscar/act.php?id=BOE-A-1889-4763&p=20211216&tn=1 (fecha de la solicitud: 15.01.2023).
PRIVATE LAW INTERNATIONAL
ARISTOV Vladislav Vladislavovich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CLASSIFICATION OF REGIMES OF PROPERTY RELATIONS BETWEEN SPOUSES IN FOREIGN LEGAL SYSTEMS
The purpose of this publication is to conduct a comparative analysis, on the basis of which a new classification of marital property relations regimes is proposed. The proposition is made to divide these legal relations into community relations and compensatory relations instead of a three-tier division into commune spouse’s property, deferred commune spouse’s property, separation of spouse’s property regimes.
Keywords:common property of spouses, community mode, deferred community mode, separation mode, contribution to family life.
References
1. Annenkov K. N. Decree. op. – S. 151.
2. Bevzenko R. S. Deal with marital property without the consent of the other spouse // Bulletin of economic justice of the Russian Federation. – 2016. – No. 11. – P. 124 – 134.
3. The General Civil Code of Austria. – M.: Infotropic Media, 2011. – P. 3 – 261.
4. Grave K. A. Property relations of spouses. – M.: Gosjurizdat, 1960. – 117 p.
5. Civil Code of Quebec = Code civil du Québec / Scientific. ed. and ed. foreword: O. M. Kozyr, A. A. Makovskaya; Auth. Introduced by John E. C. Brierley. – M.: Statute, 1999. – 470.
6. Civil Code of the People’s Republic of China / Ed. ed. P. V. Troshchinsky. – M.: Si-nosfera, 2020.
7. French Civil Code (Napoleon Code). – M.: Infotropic Media, 2012. – P. 4 – 592.
8. Civil law of the welfare state: a collection of articles dedicated to the 90th anniversary of the birth of Professor A. L. Makovsky (1930 – 2020) / A. G. Arkhipova, A. V. Asoskov, V. V. Bezbakh and others; resp. ed. V. V. Vitryansky, E. A. Sukhanov. – Moscow: Statute, 2020. – 480 p.
9. Civil Code of Germany: Introductory Law to the Civil Code. – 4th ed., revised. – M.: Infotropic Media, 2015. – S. VIII – XIX, 1 – 715.
10. Morandier L. Zh. Civil law of France / Per. from fr. and introductory article by E. A. Fleishits. Volume 1. – M.: Publishing house of foreign literature., 1958. – S. 395-413.
11. Pyankova A. F. The right of common joint property of spouses after the dissolution of marriage: in search of a balance of interests // Law. – 2019. – No. 12. – P. 138-147.
12. Slepakov A. V. Legal relations of property of spouses. – M.: Statute, 2005. 444 p.
13. Syukiyainen L. R. Muslim law and family law of the countries of the Arab East. – Shcherbinka.: NIImash, 1984. – 146 p.
14. Khazova OA Marriage and divorce in bourgeois family law. Comparative legal analysis. – M.: Science. – P. 78-96.
15. Khazova OA On the issue of marriage contracts and marriage agreements abroad // Law. – 2020. No. 10. – P. 154-165.
16. Reader of monuments of the feudal state and law of European countries / Ed. V. M. Koretsky. – M.: Gosjurizdat, 1961. – S. 580-599.
17. Charles R. Muslim law. – M.: Publishing house of foreign literature – 1959. – S. 34.
18. Atkin B. The International Survey of Family Law 2011 Edition. – Wellington: Jordan Publishing. – P. 207.
19. Bromley P. Reallocation of Property on Divorce. Abingdon. – Oxon.: Professional Books Ltd, 1977 // The Cambridge Law Journal. – No. 37 (2).
20. Cresp M., Hauser J., Marion H., Sandrine S., Droit de la famille. – Bruxelles: Bruylant, 2018. – P. 188.
21. Dethloff N. Familienrecht. Ein Studienbuch. – Munchen, 2012. – P. 101-102.
22. Hahlo H. R. “Matrimonial Property Regimes: Yesterday, Today and Tomorrow” // Osgoode Hall Law Journal 11. – No. 3 (December 1973). – P. 455-478.
23. Hohbch G. Familienrecht. Stuttgart; Munchen; Hanover; Berlin; Weimar; Dresden, 2002. – P. 247-248.
24 Muscheler K. Familienrecht. – Munchen, 2012. – P. 170-172.
PRIVATE LAW INTERNATIONAL
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CHERNYSHEVA Tatyana Anatoljevna
student of the Patrice Lumumba Peoples’ Friendship University of Russia
“ZHI SYSTEM” – “NEW MILESTONE” IN COPYRIGHT AND RELATED RIGHTS PROTECTION IN GUANGZHOU INTERNET COURT
In connection with active access to Internet technologies, most of them acquire value in real life, and issues related to establishing authorship come to the fore. This article focuses on the phenomenon of new aggregation platform “ZHI system” which facilitates the development of online litigation for copyright and related rights disputes in Guangzhou Internet Court. The concept of “ZHI system” is introduced, and aspects of the platform are disclosed. Chinese legislation, doctrinal sources, judges’ opinions and court practice analysis using this operating system are researched in the paper.
Keywords: Guangzhou Internet Court, e-justice in China, “ZHI system”, digitalization of litigation, interactive litigation, artificial intelligence (AI), copyright.
References
1. 张春和, 陈斯杰, 李婷. 网络著作权纠纷交互式审理的构建与适用学. – 2021. – No. 3. (Zhang Chunhe, Chen Shijie, Li Ting. Development and application of interactive litigation of online copyright disputes – using the practice of the ZHI system of the Guangzhou Internet Court asobject // Journal of Chinese Applied Law. – 2021. – No. 3). – [Electronic resource]. – Access mode: https://kns.cnki.net/kcms2/article/abstract?v=3uoqIhG8C44YLTlOAiTRKibYlV5Vjs7iy_Rpms2pqwbFRRUtoUImHW4e-5WmXbP1kpP239BfUV3-l2TgIIvXsGYmZ19JBVRe&uniplatform=N ZKPT (date of access: 03/19/2023).
2. 张春和, 邓丹云. 广州互联网法院网络著作权纠纷案件的审理思路. // 中国应用法学. – 2019. – No. 25. (Zhang Chunhe, Deng Danyong. Reflections on Litigation of Online Copyright Disputes in the Guangzhou Internet Court // Journal of People’s Justice. – 2019. – No. 25). – [Electronic resource]. – Access mode: https://kns.cnki.net/kcms2/article/abstract?v=N6L1kuKE8iKHtCxXjT-o91dTOnXJRwfyYcB2chOzLSDQuLASEeqTkSQ7KdrB3Pr-3N5sa2BOFouBctwnragS3H_sp0v51-lCF72eq3S2crmbCW2uye FWQXR0u1HcMS1AIKbfQk2oEgpyrFpZdpAnBg==&uniplatform=NZKPT&language=CHS (accessed 03/19/2023).< br /> 3. Bezbakh V. V., Frolova E. E. Artificial intelligence in the regulatory context of industry 4.0 and epistemological optimism // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – P. 289-307.
4. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Moscow: “Yurlitinform” Publishing House, 2021. – 224 p. – (Civil and arbitration process).
5. Frolova E. E., Ermakova E. P. Utilizing Artificial Intelligence in Legal Practice // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 17-27. – DOI 10.1007/978-981-16-4621-8_2.
6. Gronic I. A. On Some Aspects of Case Management in Electronic Courts of Indonesia // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 193-199. – DOI 10.1007/978-981-16-9808-8_21.
7. Kozhokar I. P. Innovations and innovation activity: legal aspect // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – T. 15. No. 3. – S. 141-187. – DOI 10.35427/2073-4522-2020-15-3-kozhokar.
8. Rusakova E. P., Frolova E. E. Procedural Standards for Civil Proceedings in China’s Internet Courts // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 187-192. – DOI 10.1007/978-981-16-9808-8_20.
9. Rusakova E. P., Gronik I. A., Kupchina E. V. Digital justice in the countries of the Asia-Pacific region. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2022. – 173 p.
10. Solovyov A. A. Digital technologies in legal proceedings: foreign experience // Bulletin of the Arbitration Court of the Moscow District. – 2022. – No. 3. – P. 71-76. – DOI 10.46279/ASMO.2022.92.43.004.
11. Zakharkina A., Kuznetsova O. Foreign civil doctrine of smart contracts // SHS Web of Conferences: 14th Session of Euro-Asian Law Congress “The value of law” 2021, Ekaterinburg, June 03–04, 2021. – Vol. 134. – Ekaterinburg: EDP Sciences, 2022. – P. 00016. – DOI 10.1051/shsconf/202213400016.
PRIVATE LAW INTERNATIONAL
POTAPENKO Darya Andreevna
bachelor of the Faculty of Law of the National Research University “Higher School of Economics”
LEGAL REGULATION OF INTERNATIONAL SETTLEMENTS USING ELECTRONIC MONEY
The article discusses the features of the legal regulation of international payments by electronic money. The regulatory legal regulation existing at the international level, based on acts of a recommendatory nature, as well as the national legislation of the USA, the EU and the Russian Federation in the field of regulation of electronic money, has been studied. The article also discusses the problems of Russian regulation of electronic money and presents proposals for reforming Russian legislation.
Keywords: electronic money, international payments, cross-border payments, prospects for the development of Russian legislation.
References
1. Kolesnikov Yu. A. The concept of electronic money under the legislation of Russia and foreign countries // Gaps in Russian legislation. Legal Journal. – 2015. – no. 2. – P. 187-191.
2. Petrov D. A. Legal regulation of settlements using electronic means of payment: the possibility of implementing the experience of the European Union // Banking law. – 2019. – No. 4. – P. 67-74.
3. Fogelson Yu. B. Soft law in modern legal discourse // Journal of Russian law. – 2013. – No. 5. – P. 37 – 48; No. 9. – S. 43-51.
4. Khrustaleva A. V. Electronic money in the Russian Federation and the European Union // Banking law. – 2016. – No. 3. – P. 55-62.
5. Krueger M. E-money regulation in the EU // E-Money and Payment Systems Review. – 2002. – S. 239-251.
6. Guzman A. T., Meyer T. L. International soft law // Journal of Legal Analysis. – 2010. – T. 2. No. 1. -S. 171-225.
COMPARATIVE
RUDOY Petr Igorevich
graduate of the Faculty of Political Science of the M. V. Lomonosov Moscow State University
PROSPECTS FOR IMPROVING RUSSIAN LEGISLATION TO FACILITATE THE ACTIVITIES OF ISLAMIC FINANCIAL INSTITUTIONS
In this article key concepts and principles of Islamic banking are considered. The author describes a number of Russian law provisions that hamper the activities of Islamic financial institutions in Russia and gives examples of the legal practice of the UK and Luxembourg, with support of which Russian legislation can be improved to facilitate the work of Islamic banks.< /p> Keywords: Islamic banking, musharakah, murabahah, sukuk, takaful, banking law, UK law, Luxembourg law.
References
1. Bekkin R. I. Organizational and legal foundations of Islamic insurance (takafula) // Problems of the modern economy. – 2014. – No. 1 (49). – P. 268-271.
2. Bekkin R. I. Features of Sharia supervision in Islamic financial institutions: modern experience of Muslim and non-Muslim countries // Bulletin of St. Petersburg University. Economy. – 2014. – № 3. – P. 148-164.
3. Zhuravlev A. Yu. Islamic banking. – “Sadra”, 2017 – (Economics and Law (Sadra)).
4. Isaeva P. G., Aliskerov M. S. Classification of Islamic banking products and services according to their relevance and effectiveness for clients of commercial banks // Problems of modern economics. – 2016. – No. 1 (57). – P. 224-228.
5. Kuznetsova A. N., Tenberga I. Civil law form of musharaka as an instrument of direct participation of an Islamic bank in the capital: retrospective analysis and modernity // Jurisprudence. – 2020. – T. 64. No. 3. – S. 326-351.
6. Kuznetsova A. N., Tenberga I. Purchase and sale and the prohibition of uncertainty (gharar) in the Islamic tradition // Jurisprudence. – 2022. – T. 66. No. 2. – S. 162-192.
7. Nureyev B. D., Galiullina V. V. Murabaha as an instrument of Islamic banking // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2016. – No. 1 (15). – P. 89-95.
8. Pashkov R. V. Sukuk as financing according to the principles of Sharia // Innovations and investments. – 2017. – No. 10. – P. 61-69.
9. Yakunin S. V. Risks and bank strategies in the securities market // Modern Science. – 2010. – No. 2. – P. 83-87.
STATE AND LAW THEORY
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of then. G. Chernyshevsky Saratov National Research State University
THE PLACE AND ROLE OF THE CONSTITUTION OF THE RUSSIAN FEDERATION IN THE LEGAL SYSTEM: VALUE ASPECT
The article examines the place and role of the Constitution of the Russian Federation in the legal system. The article substantiates the value aspect of the influence of the Constitution on the development of the legal system. The author suggests that in the digital age, the issue of understanding the role of the Constitution is gaining increased scientific interest, given the ongoing transformation processes that affect the legal system. In connection with this circumstance, the analysis of the current stage of the constitutional and legal development of the state actualizes the need to address the directions of development of the legal system, based on the basic value orientations enshrined in the Constitution itself. In the article, much attention is paid to the consideration of the significance of constitutional values that determine the parameters of the organization and functioning of the legal system.
Keywords: Constitution, legal system, constitutional values, digital age.
References
1. Ebzeev B. S. Introduction to the Constitution of Russia. M.: Norma: Infra-M, 2013. 560 p.
2. Komkova G. N. The category of “value” in the constitutional law of Russia // Bulletin of the Saratov University. New episode. Series: Economy. Control. Right. 2012. V. 12. No. 2. S. 97-99.
3. Lukasheva E. A. Man, law, civilizations: normative and value measurement. M.: Norma, 2009. 384 p.
STATE AND LAW THEORY
KABALNOV Dmitriy Alexandrovich
postgraduate student of the 1st year of study of the V. N. Tatishchev Astrakhan State University
LEASE AGREEMENT: STAGES OF EVOLUTION IN RUSSIAN CIVIL LEGISLATION
The article presents the main evolutionary stages of the development of domestic legislation, its individual provisions, acting as a regulator of the lease agreement. The attention is focused on the peculiarities of the development and analysis of the relevant norms of key normative historical and legal acts. The author’s periodization of the Russian legislation in the field of the lease agreement has been formed. The features of the legal regulation of the lease agreement for all periods are considered, the conclusion about the continuity of the legal provisions on the lease agreement of different periods is formulated and substantiated.
Keywords: contract, lease agreement, regulations, terms of the lease agreement, parties to the lease agreement.
References
1. Pskov judicial charter // Reader on the history of the national state and law. Compiled by Yu. P. Titov. M., 2007.
2. Sudebnik 1497 // Reader on the history of the domestic state and law. Compiled by Yu. P. Titov. M., 2007.
3. Sudebnik 1550 // Reader on the history of the domestic state and law. Compiled by Yu. P. Titov. M., 2007.
4. Cathedral Code of 1649 // Russian legislation of the X-XX centuries. T.3. Acts of Zemsky Sobors. Rep. ed. volumes A. G. Mankov. M., 1985.
5. Code of laws of the Russian Empire. T. X. Code of Civil Laws. St. Petersburg, 1857.
6. Civil Code of the RSFSR 1922 // SU RSFSR. 1922. No. 71. Art. 904.
7. Land Code of 1922 // SU RSFSR. 1922. No. 68. Art. 901.
8. Civil Code of 1964 // Gazette of the RSFSR Supreme Soviet. 1964. No. 24. Art. 406.
9. Vladimirsky-Budanov M.F. Review of the history of Russian law. Rostov-on-Don. 1995.
10. Gagiev A. G. Analysis of the development of legislation on the lease of real estate objects. In the collection: Corporate lawyer: master’s scientific school. Digest of articles. Comp. and editors L. T. Kokoeva, S. R. Chedzhemova. 2020. S. 148-155.
11. Ivanova E. V., Vladimirov N. N. Land lease in the history of the Russian state // Oeconomia et Jus. 2017. No. 4. P. 7-13.
12. Ivannikov D.S. Evolution of the development of Russian legislation on lease relations // Young scientist. 2020. No. 45. P. 86-90.
13. Nevolin K. History of Russian civil laws. St. Petersburg, 1851.
14. Smirnova M. V. Historical and legal analysis of the formation and development of the legal institution of rent in Russia // Young scientist. 2019. No. 5 (243). pp. 261-264.
STATE AND LAW THEORY
NAUMENKO Ivan Nikolaevich
postgraduate student of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
METHODS FOR REALIZING THE ECONOMIC FUNCTION OF THE STATE: THEORETICAL AND LEGAL ASPECTS IN CRISIS PHENOMENA
The article presents the characteristics of the methods of the economic function of the state. The traditional scientific view on the gradation of methods into direct and indirect ones is considered. Variations of their implementation in the context of modern legal reality in Russia are presented. The variability of their practical application is taken into account, taking into account the existence of foreign economic threats under the conditions of sanctions caused by a special military operation. The author’s hypothesis is formulated about the transformation of the traditional practical perception of the use of specific methods for the implementation of the economic function in crisis conditions.
Keywords: economic function of the state, methods of implementing the economic function, direct economic methods, indirect economic functions, system of state management of the economy.
References
1. Customs Code of the Eurasian Economic Union dated April 11, 2017 (as amended on May 29, 2019, as amended on March 18, 2023) // Official website of the Eurasian Economic Union. [Electronic resource]. – Access mode: http://www.eaeunion.org/ (date of access: 06/12/2023).
2. Federal Law of July 31, 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” (as amended on December 5, 2022) // Collection of Legislation of the Russian Federation. – 08/03/2020. – No. 31 (part I). – Art. 5007.
3. Federal Law of December 8, 2003 No. 164-FZ “On the Basics of State Regulation of Foreign Trade Activities” (as amended on December 29, 2022) // Collected Legislation of the Russian Federation. – 15.12.2003. – No. 50. – Art. 4850.
4. Decree of the Government of the Russian Federation of March 10, 2022 No. 336 “On the features of the organization and implementation of state control (supervision), municipal control” (as amended on March 10, 2023) // Collected Legislation of the Russian Federation. – 14.03.2022. – No. 11. – Art. 1715.
5. Order of the Ministry of Industry and Trade of Russia dated April 19, 2022 No. 1532 “On approval of the list of goods (groups of goods) in respect of which the provisions of subparagraph 6 of Article 1359 and Article 1487 of the Civil Code of the Russian Federation do not apply, subject to the introduction of these goods (groups of goods) into circulation for outside the territory of the Russian Federation by the right holders (patent holders), as well as with their consent” (as amended on March 2, 2023). [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 06/12/2023).
6. Antsupov V. V. Economic functionstates. Dis. … cand. legal Sciences. – Krasnoyarsk, 2004.
7. Kolokolenkov D. S. The role of law in regulating the economy, ensuring economic freedom and security. Dis. … cand. legal Sciences. – Ryazan, 2010.
8. Sokolova I. L. The economic function of the modern federal state. Dis. … cand. legal Sciences. – Moscow, 2007.
9. Khusainov ZF The economic function of Russian statehood: questions of theory, history and political and legal practice. Dis. … doc. legal Sciences. – Moscow, 2008.
10. Shcherbakovskiy GZ State and economic system of society: theoretical, legal and praxeological foundations of correlation and interaction. Dis. … doc. legal Sciences. – St. Petersburg, 2006.
STATE AND LAW THEORY
PRONINA Kseniya Yurjevna
lecturer of Philosophy and history sub-faculty of the Academy of the FPS of Russia
LEGAL NIHILISM OF CIVIL SERVANTS: CONCEPT, CAUSES AND MINIMIZATION MEASURES
The article deals with the concepts of legal nihilism and its variety – the legal nihilism of civil servants. The reasons contributing to the emergence, existence and spread of this phenomenon are analyzed. The necessity of implementing measures aimed at minimizing the legal nihilism of civil servants is emphasized. The author’s classifications of causes and measures to minimize the legal nihilism of civil servants are considered.
Keywords: legal nihilism, legal awareness, legal nihilism of civil servants, causes of legal nihilism of civil servants, minimization of legal nihilism of civil servants.
References
1. Gulina O. R. Historical roots and features of legal nihilism in modern Russia: dis. … cand. legal Sciences: 12.00.01. – Ufa, 2002. – 180 p.
2. Gulyakhin VN Legal nihilism in Russia: monograph. – Volgograd: Change, 2005. – 280 p.
3. Morozevich V. S. The impact of legal consciousness on the legal behavior of the individual // Proceedings of the Volgograd State Pedagogical University. – 2008. – No. 1 (25). – P. 52-55.
4. Pronina K. Yu. Measures to minimize the negative impact of legal nihilism on public relations // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2017. – No. 4. – P. 192-198.
5. Safronov VV Legal consciousness of a citizen: dis. … cand. legal Sciences: 12.00.01. – Krasnoyarsk, 2004. – 242 p.
CONSTITUTIONAL LAW
ALIEVA Nabisat Shamilovna
magister student of the 2 years of study of the Institute of Law of the Dagestan State University
RADZHABOV Fikret Gaziakhmedovich
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
CONSTITUTIONAL AND LEGAL RELATIONS AND THEIR SUBJECTS
This scientific article is devoted to the study of constitutional and legal relations and their subjects. The paper analyzes the main aspects and characteristics of constitutional and legal relations, their significance and role in the legal system. The authors of the article consider the concept of constitutional and legal relations and their essence, identify the main elements, including subjects, objects, legal norms and principles governing this sphere. The main attention is paid to the analysis of subjects of constitutional and legal relations, such as the state, citizens, public authorities, political parties and other participants in legal relations in the context of constitutional law. Their legal status, competence, interaction and influence on the formation and implementation of constitutional principles and rights are considered.
Keywords: constitutional and legal relations, subjects, state bodies, non-governmental organizations, interaction, constitutional law, conflicts and dispute resolution.
References
1. Aminov I. R. The development of lawmaking in Russia: the challenges of modernity // In the collection: Jurisprudence as an integrative phenomenon of modern Russian society and the state. Materials of the International Scientific and Practical Conference dedicated to the 25th anniversary of the Law Institute of the National Research University “BelSU”. 2018. – P. 131-135.
2. Avakyan S. A. Constitutional law of Russia. In 2 vols. T. 1.: Training course: Study guide; Moscow State University M.V. Lomonosov (Moscow State University). – 4th ed., revised. and additional – M.: Norma: NITs INFRA-M, 2019. – 864 p.
3. Kuzhikov D. A. Legal methods of changing the state and territorial structure of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 8. – P. 58-64.
4. Karpov N. N. Constitutional and legal relations: priority and prospects for improvement // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2018. – No. 6 (68). – S. 37-41.
5. Lungu E. V. Constitutional legal relations in the science of the constitutional law of the Russian Federation // Bulletin of the Tomsk State University. Right. – 2019. – No. 34. – P. 89-96.
6. Temnikova M.P. On the problem of subjects of constitutional and legal responsibility // North Caucasian Legal Bulletin. – 2018. – No. 2. – P. 50-53.
7. Farkhutdinova A. S., Aminov I. R. Constitutional legal relations and their subjects // International Journal of Humanities and Natural Sciences. – 2021. – No. 10-2 (61). – P. 257-260.
CONSTITUTIONAL LAW
MAMEEV Ibrahim Tagirovich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
ISAEVA Karina Mustngirovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
SOME ASPECTS OF THE IMPLEMENTATION OF THE INSTITUTE OF PUBLIC CONTROL IN THE RUSSIAN FEDERATION
This article is dedicated to the issues of public control in the Russian Federation. The study found that the institute of public control plays an important role in the constitutional and legal interaction of public authorities and civil society institutions. Its importance consists in limiting the possible abuse of powers by state and municipal authorities, taking into account the opinions of citizens when making politically significant decisions affecting vital areas of functioning of the population, exercising the right of citizens to legislative initiatives, promoting the prevention and resolution of social conflicts in society and the state.
Keywords: public control, public organizations, civil society, subjects of public control.
References
1. Malko A. V., Strus K. A. Legal foundations for the formation of civil society in modern Russia (a review of the materials of the All-Russian scientific and practical round table) // State and Law. – 2011. – No. 9. – P. 159-164.
2. Ignatiev N. P. Institutionalization of the Dialogue of Power and Civil Society in Modern Russia: Problems, Prospects // Uchenye zapiski Kazanskogo gosudarstvennogo universiteta. Humanitarian sciences. Volume 151, book. 1. – 2009. – P. 131-141.
3. Wet V. S. Local self-government in the Russian Federation as an institution of public authority in civil society. – Samara, 2003. – 336 p.
CONSTITUTIONAL LAW
KHABIBULLAEV Khadzhimurad Sultanovich
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
SAYBULAYEVA Saida Akhmedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
THE RIGHT OF A CITIZEN TO PARTICIPATE IN THE MANAGEMENT OF STATE AFFAIRS: FORMS AND PROBLEMS OF IMPLEMENTATION
The article is devoted to the urgent problem of ensuring participation in the management of state affairs as a right of citizens arising from the fundamental principle of the constitutional system of the Russian Federation – democracy. Special attention is paid to the consolidation of this right of citizens of the Russian Federation in the normative acts of the state. The rights of citizens to influence the content of various state decisions are an expression of such a concept as democracy in a state governed by the rule of law. The article also examines the essence of the constitutional right to citizens’ participation in government, shows the importance of this institution for the formation of democracy in Russia, the construction of civil society and improving the efficiency of public administration. The analysis of the nature of the right of citizens to participate in the management of public affairs is carried out, we are talking about the dual role of such a right. Attention is paid to the forms of such participation provided by the legislator: directly or through representatives.
Keywords: the right of citizens, the management of state affairs, civil society, state bodies, political rights of citizens, the principle of democracy.
References
1. Buzakov A. Yu. Directions for improving the legal regulation of the implementation of the right of citizens to participate in managing the affairs of the state // Young scientist. – 2019. – No. 49 (287). – P. 285-287.
2. Gavrilova D. D., Linkin V. N. The right of citizens to participate in the management of state affairs // Fundamental foundations of the rule of law and topical issues of reforming modern legislation: collection of articles of the III International Scientific and Practicalconference, Penza, June 05, 2018 / Managing editor Gulyaev German Yuryevich. – Penza: ICNS “Science and Education”, 2018. – P. 15-17.
3. Evsikov K. S. Mechanisms for the implementation of the constitutional right of citizens to participate in the management of state affairs // Journal of Russian Law. – 2019. – No. 6 (270). – P. 36-49.
4. Obukhova A.D. Ensuring the right of citizens to participate in managing the affairs of the state // Alley of Science. – 2019. – T. 2. – No. 6 (33). – S. 517-527.
5. Plechistov N. S. The problem of realizing the right of citizens to participate in managing the affairs of the state // International Student Scientific Bulletin. – 2020. – No. 1. – P. 33.
6. Sidorov R. D. The right of citizens to participate in the management of state affairs // Young scientist. – 2022. – No. 30 (425). – P. 108-110.
7. Teplyashin I. V. Forms of participation of citizens in the management of state affairs: classical, promising and permissible // Constitutional and municipal law. – 2016. – No. 5. – P. 18-21.
8. Khorunzhiy S. N. All-Russian voting as a subsidiary form of realization of the constitutional right of citizens to participate in the management of state affairs // Law enforcement monitoring. – 2020. – No. 3 (36). – P. 9-15.
9. Tsymbal I.A. Some historical aspects of the development of the constitutional right of citizens to participate in the management of state affairs // Gaps in Russian legislation. – 2020. – No. 1. – S. 31-35.
10. Tsymbal I. A. The constitutional right of citizens of the Russian Federation to participate in the management of state affairs through the judicial authorities // Problems of Economics and Legal Practice. – 2021. – T. 17. No. 1. – S. 116-120.
CONSTITUTIONAL LAW
KHIZRIEV Hasan Magomedovich
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
KURBANOV Kurban Ramazanovich
lecturer of the Institute of Law of the Dagestan State University
CONSTITUTIONAL AND LEGAL FOUNDATIONS OF EQUALITY AND SELF-DETERMINATION OF THE PEOPLES OF THE RUSSIAN FEDERATION
This scientific article explores the constitutional and legal foundations of equality and self-determination of the peoples of the Russian Federation. The author analyzes the provisions of the Constitution of Russia concerning the rights and freedoms of peoples and discusses the practice of their implementation. The main emphasis is placed on guarantees of minority rights and the principle of self-determination of peoples, including aspects of cultural, linguistic and religious diversity. The article also deals with the protection of national minorities, including mechanisms to counter discrimination and violence on an ethnic basis. In conclusion, the author draws conclusions about the need to respect and strengthen the constitutional principles of equality and self-determination of peoples in order to maintain multinational unity and harmony in the Russian Federation
Keywords: constitutional and legal foundations, equality, self-determination, peoples, Russian Federation, Constitution, minorities, diversity, discrimination, violence, unity.
References
1. Aminov I. R. Constitutional and legal support of self-determination of the peoples of the Russian Federation // Vestnik BIST (Bashkir Institute of Social Technologies). – 2014. – No. 4 (25). – S. 69-71.
2. Akieva P. Kh. The right of the people to self-determination in Russia: problems of theory and reality // Liberal Democratic Values. – 2020. – V. 4. No. 1-2. – P. 1-13.
3. Morozova O. G. Constitutional and international law of the Russian Federation in the interpretation of the principle of “the right of nations to self-determination” // Theory and practice of social development. – 2014. – No. 5. – P. 229-231.
4. Minakova I. G. Constitutional and legal framework for the regulation of national policy in the Russian Federation // Science and education: economy and economy; entrepreneurship; law and management. – 2019. – No. 12 (115). – P. 63-65.
5. Simonov V. A. Problems of constitutional provision of equality and self-determination of the peoples of Russia // Implementation of the Constitution of the Russian Federation: state and prospects: Materials of the All-Russian scientific and practical conference, Omsk, December 06, 2018 / Responsible for the issue M. A. Buchakov. – Omsk: Omsk Academy of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 71-72.
CONSTITUTIONAL LAW
GORDEEV Kirill Vladimirovich
magister student of Constitutional and administrative law sub-faculty of the Law School of the Far Eastern Federal University
THE PROCEDURE FOR RESTORING THE DEATH PENALTY IN THE RUSSIAN FEDERATION: A CONSTITUTIONAL AND LEGAL STUDY
After the withdrawal of the Russian Federation from the institutions of the Councilof Europe, a discussion arose in Russian society about the restoration of the death penalty. In turn, this caused controversy about the mechanism of its restoration. The author analyzes the prevailing points of view: the change in the position of the Constitutional Court of the Russian Federation on this issue; the need to adopt a new Constitution of the Russian Federation. Based on the analysis of the constitutional text, the author concludes that it is impossible to restore the death penalty at this stage of the constitutional development of Russia, in connection with which the adoption of a new constitutional text will be required to restore such a criminal punishment as the death penalty.
Keywords: death penalty, Constitution, constitutional and legal regime, moratorium, positions of the Constitutional Court, adoption of a new Constitution.
References
1. Kokotov A. N. The Constitutional Court of Russia and the protection of rights and freedoms // Lex Russica. – 2020. – № 10.
2. Commentary on the Constitution of the Russian Federation (item-by-article): taking into account the changes approved during the all-Russian vote on July 1, 2020. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2021.
3. Lepeshkina O. I. The death penalty. Comprehensive research experience. – St. Petersburg: Legal Center Press, 2010.
4. Tsaliev A. M. The right to life and the death penalty // Legality. – 2013. – No. 12.
CONSTITUTIONAL LAW
BADYSHEVA Marzhanat Ibragimovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
RADZHABOV Fikret Gaziakhmedovich
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
THE CONSTITUTIONAL PRINCIPLE OF POLITICAL DIVERSITY IN RUSSIAN LEGISLATION AND THE PRACTICE OF ITS IMPLEMENTATION
This scientific article explores the constitutional principle of political diversity in Russian legislation and the practice of its implementation. The author analyzes the constitutional norms regulating political diversity in Russia and studies their compliance with international standards and principles of democracy. The article also examines the practice of implementing this principle in the Russian political system, including registration procedures for political parties, elections and access to media resources. The authors conduct a critical analysis of the existing problems and challenges associated with the implementation of the constitutional principle of political diversity, and suggests possible ways to improve it.
Keywords: constitutional principle, political diversity, Russian legislation, international standards, democracy, political parties, elections, media resources, problems, improvement.
References
1. Bulgucheva F. B. Constitutional principles of ideological and political diversity as guiding principles for the formation of a modern party system in the Russian Federation // Legal Fact. – 2022. – No. 177. – P. 19-24.
2. Berdiev H. A., Khevsakov A. V. Ideological diversity in the system of foundations of the constitutional system // Actual problems of law: Collection of scientific articles of undergraduates / Edited by B. G. Koibaev. Volume Issue 5. – Vladikavkaz: IP Tsopanova A. Yu., 2019. – P. 64-70.
3. Getmansky D. O. Problems of implementation in the Russian Federation of the constitutional principles of ideological and political diversity in the field of information technology // Young scientist. – 2019. – No. 25 (263). – P. 275-278.
4. Golovchenko V. I. The specifics of the implementation of the constitutional principle of political diversity in the process of democratic transformations in Russia // The system of constitutional law in modern Russia: values, principles, institutions and norms: Proceedings of the XI International Constitutional Forum dedicated to the 110th anniversary of the Saratov State University. N. G. Chernyshevsky, Saratov, December 10–12, 2019. – Saratov: Publishing house “Saratov source”, 2020. – P. 66-69.
5. Isaev M. U., Isaeva K. M. Constitutional and legal mechanism for implementing the principle of political diversity // Eurasian legal journal. – 2021. – No. 11 (162). – P. 136-137.
CONSTITUTIONAL LAW
SALMANOV Nizam Nazirmagomedovich
magister student of Constitutional and international law sub-faculty of the Dagestan State University
IMPLEMENTATION OF THE PRINCIPLE OF SEPARATION OF POWERS IN THE RUSSIAN FEDERATION
The relevance of the article is determined primarily by the need to improve the ways of implementing state power in modern Russiaat the level of not only the Russian Federation, but also at the level of the constituent entities of the Russian Federation.
The article is dedicated to the study of the concept of separation of powers and its implementation in the structure of the modern state.
The article deals with the powers of the President of the Russian Federation from the standpoint of his constitutional and legal status, studied his functions and powers as the head of state.
Keywords: president, constitution, state, power, powers, veto, system, subject, state, decree.
References
1. Chepurnova N. M. Essence and content of the constitutional principle of separation of powers in the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 2. – S. 86.
2. Karasev A. T., Morozova A. S. The head of state in the system of separation of powers: some questions about the characteristics of powers // Constitutional and municipal law. – 2013. – No. 8. – P. 65.
3. Stolitsa Yu. A., Fomina M. G. The system of public authorities in the subjects of the Russian Federation // The best scientific article 2017: collection of articles of the XIV international scientific and practical competition. – M., 2017. – S. 160.
4. Kutafin O. E. Head of state. Monograph: textbook. – Moscow: Prospekt Publishing House, 2021. – P. 28.
ADMINISTRATIVE LAW
BAKULINA Irina Petrovna
Ph.D. in Law, associate professor of Theoretical and public law disciplines sub-faculty of the Tyumen State University
PROBLEMS OF IMPLEMENTATION OF ADMINISTRATIVE REFORM OF THE SYSTEM OF ENSURING SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION
The analysis of statistical indicators in the field of healthcare allows us to conclude that the ongoing administrative reform is ineffective. In the complex of reasons for the critical state of the health care system, the problems of the correlation of the powers of executive authorities, the problems of coordinating their activities for the organization of immunoprophylaxis of infectious diseases, the organization of medical care for infectious patients are highlighted. The suboptimal distribution of functions between bodies leads to a dilution of responsibility, inefficient use of budget funds, and aggravates other problems. Proposals are formulated to improve the system of ensuring the sanitary and epidemiological welfare of the population in Russia.
Keywords: infectious diseases, sanitary and epidemiological well-being of a person, public administration in the field of healthcare.
References
1. Health care in Russia 2022–2023: urgent measures in the context of a special situation in the economy and social sphere. Problems and suggestions. // ORGZDRAV: news, opinions, training. Vestnik VSHOUZ. – 2022. – V. 8, No. 2. – S. 22-47.
2. Kolesnikov A. V. Health care in rural areas // Bulletin of rural development and social policy. – 2019. – No. 3 (23). – P. 30-37.
3. Polukhina M. G. Formation of the availability of medical care in rural areas as a key element of sustainable development // Regional Economics: Theory and Practice. – 2019. – V. 17. No. 2. – S. 308-330.
4. Chernyshev V. M., Voevoda M. I., Mingazov I. F. On the inconsistency of personnel policy in healthcare in Russia // Siberian Scientific Medical Journal. – 2019. – No. 6. – S. 107-115.
ADMINISTRATIVE LAW
GOROVENKO Sergey Viktorovich
Ph.D. in Law, associate professor of Public health and healthcare sub-faculty of the Tyumen State Medical University of the Ministry of Health of the Russian Federation
IMPROVEMENT OF THE REGIONAL MANAGEMENT SYSTEM IN AN EMERGENCY SITUATION CAUSED BY THE SPREAD OF A DISEASE THAT POSES A DANGER TO OTHERS
Protection of the population from emergency situations is one of the priorities of state management activities. The current legislation in this area is not fully adapted to counteract the spread of dangerous diseases. At the same time, as the practice of combating the COVID-19 epidemic shows, the main burden of making managerial decisions and monitoring their implementation rests on the authorities of the constituent entities of the Russian Federation. As a result, the possibility of improving regional legislation in the field of protection of the population from emergency situations requires analysis. In this regard, special legal emergency preparedness regimes of this type are proposed for implementation, the grounds for their introduction and cancellation are analyzed. The necessity of transferring part of the powers in the field of sanitary and epidemiological control (supervision) to the regional and municipal level when such regimes are put into effect is also justified.
Keywords: emergency situation, control (supervision), epidemic, sanitary and epidemiological well-being.
References
1. Shafigulin K. V. The threat to national security associated with the problem of public administration to counteract the spread of a new coronavirus infection // State power and local self-government. – 2021. – No. 3. – P. 11-15.
2. Vinokurov V. A. Sanitary and epidemiological welfare of the population and new coronavirus infection: problems of legal regulation // Medical Law. – 2020. – No. 4. – P. 9-19.
3. Pyankova A. F. Legal grounds for introducing measures in the regions of Russia to prevent the spread of a new coronavirus infection // Law. – 2020. – No. 5. – P. 53-59.
4. Vereshchagin A., Rumak V. The pandemic has demonstrated that decentralization makes power more efficient [Interview with S. A. Belov] // Law. – 2020. – – No. 5. – P. 8-13.
5. Sakhno A. I., Sivolapov M. P. Topical issues of legal regulation of the regimes of activities of public authorities during the period of the threat of the spread of infectious, mass non-infectious diseases in the Russian Federation // IV Siberian Legal Readings: State and Law in Conditions of Global Restrictions: Collection articles based on the results of the International Scientific and Practical Conference, Tyumen, October 30, 2020 – P. 310-313.
6. Zhavoronkova N. G., Vypkhanova G. V. Legal problems of increasing the effectiveness of measures to prevent and eliminate emergency situations in modern conditions // Journal of Russian Law. – 2021. – No. 1. – P. 111-126.
7. Konovalov A. M. Are the high alert regimes and subsequent restrictions on rights and freedoms legally introduced in the territories of the constituent entities of the Russian Federation? // State power and local self-government. – 2020. – No. 7. – P. 32-34.
8. Vinokurov V. A. Problems of legal regulation arising in the liquidation of a new type of emergency situations // Theory of State and Law. – 2020. – No. 4 (20). -WITH. 49-55.
9. Popova N. F. Measures of administrative coercion used to ensure the sanitary and epidemiological welfare of the population // Russian justice. – 2021. – No. 3. – P. 16-19.
10. Usmanova R. M. On the issue of the activities of local governments in the field of sanitary and epidemiological welfare of the population // State power and local self-government. – 2019. – No. 8. – P. 35-39.
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer in administrative and financial law sub-faculty of the Dagestan State University
ABUSALIMOV Sainutdin Abubakarovich
magister student of Civil law sub-faculty of the Dagestan State University
PROSECUTOR’S SUPERVISION AS A WAY TO ENSURE THE RULE OF LAW IN THE SPHERE OF EXECUTIVE POWER
This article examines the prosecutor’s supervision in the sphere of executive power as a way to ensure the rule of law in our country. Attention is drawn to the fact that the prosecutor’s supervision in this area acts as a general supervision of compliance with the Russian Constitution and laws by executive authorities. It is said about the importance of legality in the sphere of executive power due to the fact that many violations of legality are committed in Russia, manifested in the form of corruption, bribery, abuse of official position. Some problems that arise during prosecutorial supervision are listed. It is concluded that it is necessary to introduce new methods of prosecutorial supervision to replace the forms of activity that have lost relevance.
Keywords: prosecutor’s supervision, legality, regulatory legal acts, prosecutor’s office, public authorities.
References
1. Eremina N.V. The place of the Prosecutor’s Office of the Russian Federation in the system of separation of powers (theoretical and legal research): author. dis. … cand. legal Sciences. – Moscow, 2009. – 29 p.
2. Karmolitsky A. A. Prosecutorial supervision in the sphere of executive power // Bulletin of Moscow University. Episode 11 – 2013. – No. 1. – P. 34-45.
3. Lapshin V. E., Yunusov A. A., Egorova O. O. The main directions of the implementation of prosecutorial supervision in Russia at the present stage // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2021. – No. 2. – P. 164-168.
4. Nepein GG On some problems of the implementation of prosecutorial supervision over the execution of laws by bailiffs // Kriminalist. – 2017. – No. 1 (20). -WITH. 55-59.
5. Sagdieva E. M., Maksimova M. A. Ensuring the rule of law in the activities of executive authorities // Colloquium-Journal. – 2019. – No. 10-4 (34). – S. 22-23.
ADMINISTRATIVE LAW
POPOVA Yuliya Alexandrovna
Ph.D. in Law, professor, Head of Civil and administrative proceedings sub-faculty of the North Caucasus branch of the Russian State University of Justice
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University
ABOUT THE PERSONS PARTICIPATING IN THE CASE, IN ADMINISTRATIVE PROCEEDINGS: PROBLEMS OF LEGAL REGULATION
The persons participating in the case act as the main subjects giving the course and movement to the administrative case. An administrative plaintiff belonging to this category of participants begins the process on the case, without an administrative defendant, its continuation is not possible, the participation of the prosecutor and public authorities in resolving the dispute in some cases is mandatory. Within the framework of this work, the problem of the lack of a legal definition of the persons involved in the case is considered. This work is also devoted to the analysis of persons involved in the case in administrative proceedings. The work reveals the specific features of the persons involved in the case in administrative proceedings, which make it possible to separate this type of proceedings from others provided for by law. Some of the current Russian procedural legislation regulating the problematic status of persons participating in the case in administrative proceedings are identified.
Keywords: persons participating in the case; the recoverer; the debtor; the prosecutor; state authorities; interested persons; succession; complicity; administrative proceedings; arbitration proceedings; civil proceedings.
References
1. Code of Administrative Procedure of the Russian Federation of March 8, 2015 No. 21-FZ // SZ RF.
2. Konorezov N. A. To the question of the classification of subjects of civil procedural legal relations // Humanitarian, socio-economic and social sciences. 2022. No. 5. P. 122-125.
3. Artebyakina N. A. Theoretical and practical problems of the institution of persons involved in the case: Abstract of the thesis. … cand. legal Sciences. Saratov, 2010. 23 p.
4. Mokhov A. A., Vorontsova I. V., Semenova S. Yu. Civil process (civil procedural law) of Russia: textbook / Ed. ed. A. A. Mokhov. M.: OOO “Legal Firm Contract”, 2017. 384 p.
5. On the preparation of civil cases for trial: Decree of the Plenum of the Supreme Court of the Russian Federation dated June 24, 2008 No. 11 // Rossiyskaya Gazeta. 2008. No. 140.
6. In the case of checking the constitutionality of Part 1 of Art. 320, part 2 of Art. 327 and Art. 328 Code of Civil Procedure of the Russian Federation in connection with the complaints of a citizen E. V. Aleinikova and a limited liability company “Three K” and inquiries of the Norilsk City Court of the Krasnoyarsk Territory and the Central District Court of the City of Chita: Resolution of the Constitutional Court of the Russian Federation dated April 21, 2010 No. 10- P // SZ RF. 2010. No. 19. Art. 2357.
7. Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ (as amended on April 14, 2023) // SZ RF. 11/18/2002. No. 46. Art. 4532.
8. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023) // SZ RF. 07/29/2002. No. 30. Art. 3012.
9. Explanatory note “To the draft Code of Administrative Procedure of the Russian Federation, draft federal laws “On the Enactment of the Code of Administrative Procedure of the Russian Federation”, “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Entry into Force of the Code of Administrative Procedure of the Russian Federation” and to the draft federal constitutional law “On Amendments to Certain Federal Constitutional Laws in Connection with the Enactment of the Code of Administrative Procedure of the Russian Federation” // SPS “ConsultantPlus” (date of access: 06/30/2023).
10. Review of the judicial practice of the Supreme Court of the Russian Federation No. 3 (2015) (approved by the Presidium of the Supreme Court of the Russian Federation on November 25, 2015) (as amended on March 28, 2018) // ConsultantPlus SPS (accessed on June 30, 2023).
11. On procedural terms: Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 99 (as amended on December 23, 2021) // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014. No. 3.
ADMINISTRATIVE LAW
BAKULINA Irina Petrovna
Ph.D. in Law, associate professor of Theoretical and public law disciplines sub-faculty of the Tyumen State University
PROBLEMS OF LEGAL PROVISION OF SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION AND ACHIEVING A BALANCE OF PUBLIC AND PRIVATE INTERESTS IN THE IMMUNOPROPHYLAXIS OF INFECTIOUS DISEASES
Official statistics of infectious diseases in Russia show that according to the results of last year, a fairly high level of their prevalence was recorded, including those classified as socially significant. In order to reduce the level of threats to national security, the task of forming an effective system for the prevention of such diseases has been set. The solution of this task is the responsibility of state bodies at the federal and regional levels, as well as local self-government bodies. However, it follows from the reporting documents of public administration bodies in the field of healthcare that such a system has not been created so far. The control and supervisory activities of Rospotrebnadzor are mainly aimed at identifying violations and bringing to justice, while the issues of immunoprophylaxis involve the search for a balance of public and private interests in administrative and legal regulation.
Keywords: infectious diseases, immunoprophylaxis, sanitary and epidemiological well-being of a person, sanitary and epidemiological service.
References
1. Ananyeva E. O., Ivliev P. V., Shmaeva T. A. Vaccination of the population: the right, the duty of citizens or the interest of the state // Law and Law. – 2021. – No. 3. – S. 38-42.
2. Astafichev P. A. Problems of implementation of constitutional rights and freedoms of man and citizen in the context of the COVID-19 pandemic // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – S. 42-53.
3. Bandurin A. P., Samygin P. S., Sizova N. M. Problems of protecting the constitutional rights and freedoms of Russian citizens during the pandemic // Humanitarian, socio-economic and social sciences. – 2020. – No. 6. – P. 75-79.
4. Schepelkov VF, Olennikov SM On the issue of social validity and constitutional and legal justification for compulsory vaccination of the population // Criminalist. – 2020. – No. 3 (32). – P. 28-36.
5. Yastrebov O. A. Mandatory vaccination: social benefit or violation of individual rights // Vestnik RUDN University. Series: Legal Sciences. – 2022. – T. 26. – No. 1. – S. 210-235.
ADMINISTRATIVE LAW
KURBANOV Ahmed Ramilovich
student of the 2nd course of the extramural paid department of the Institute of Law of the Dagestan State University, majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree
GIMBATOV Gamzat Muradovich
student of the 2nd course of the extramural paid department of the Institute of Law of the Dagestan State University, majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree
AKAEVA Kamila Timurlanovna
student of the 2nd course of the extramural paid department of the Institute of Law of the Dagestan State University, majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree
GASANALIEV Aigum Shapievich
Ph.D. in Law, associate professor of Administrative, financial, and customs law sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMS OF EXECUTIVE POWER DEVELOPMENT. RECOMMENDATIONS FOR IMPROVING THE EXECUTIVE POWER SYSTEM IN THE RUSSIAN FEDERATION
The article examines the general problems of the development of the executive branch in the Russian Federation, describes the ways to solve them, and provides recommendations for improving the level of development of the executive branch in the Russian Federation.
The executive branch of government is one of the key components of the political system in any country. It plays an important role in implementing legislation, ensuring stability, and facilitating the effective functioning of the state. In the Russian Federation, the executive branch holds special significance as it interacts with the legislative and judicial branches to ensure the implementation of state policies and the protection of citizens’ interests.
Keywords: Executive power; corruption; accountability measures; government agencies; system of public administration.
References
1. Alekseev I. A., Stankevich G. V., Tsapko M. I., Svistunov A. A., Belyavsky D. S., Khabibulina O. V. Administrative law. Textbook. – M.: Prospekt, 2020. – S. 199-205.
2. Alekhin A.P. Practicum Administrative law of the Russian Federation. – M.: Zertsalo, 2020. – S. 80-86.
3. Ivanov DV Administrative law of the Russian Federation. – M.: Synergy University Publishing House, 2020. – P. 73-77.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba 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 Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF JUDICIAL CONTROL IN THE SPHERE OF PUBLIC POWER ON THE EXAMPLE OF ANGLO-SAXON COUNTRIES
The presented study summarizes the results of the study of Anglo-Saxon administrative justice obtained over 5 years. This article focuses on the features of judicial control in the sphere of public power on the example of Anglo-Saxon countries. The most characteristic examples from judicial practice are considered, as well as an analysis of legal doctrines and current laws is given for a more nuanced understanding of the specifics of judicial control in this legal system.
Keywords: administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration, judicial review, the doctrine of proportionality.
References
1. Cumper Peter &with Walters Terry, Constitutional & Administrative Law // Oxford University Press, 2001. – P. 291.
2. Wade H. W. R. & Forsyth C. F. Administrative Law / 9th ed. – Oxford University Press, 2004.
3. Attorney General (NCSW) v Quin (1990) 170 CLR at 35-36 per Brenan J Justice McClellan. – R. 16.
4. Bamforth N. The public law–private law distinction: a comparative and philosophical approach’, in Leyland, P and Woods, T (eds) // Administrative Law Facing the Future: Old Constraints and New Horizons. – 1997, London: Blackstone.
5. Cranston. ‘Reviewing judicial review’, in Richardson and Genn (eds), Administrative Law and Government Action, 1994.
ARBITRATION
BASHILOV Boris Igorevich
Ph.D. in Law, senior lecturer of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
OLEYNIK Anton Denisovich
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PROCEDURAL AND LEGAL FEATURES OF ESTABLISHING THE SUBJECT OF EVIDENCE AND CHALLENGING PREFERENTIAL TRANSACTIONS
In the article the authors analyze the legislative provisions, scientific works related to the legal regulation of transactions entailing giving preference to one of the creditors to other creditors, identify problems of modern approach to the challenge of transactions.
Keywords: bankruptcy, disputing debtor transactions, preferential transactions, court proceedings, arbitration process.
References
1. Kovalev S. I. Separate problems of contesting in the framework of the bankruptcy procedure for transactions “with preference” // Property relations in the Russian Federation. – 2014. – S. 67-74.
2. Kadlec V. A., Zelenskaya L. A. On the issue of proving negative facts // Scientific support of the agro-industrial complex. – 2017. – S. 778-779.
3. Sysoeva O. V. Transactions with preference: problems of law enforcement // Bulletin of the Omsk University. Series: right. – 2013. – P. 105-111.
4. Panchenko P. V., Frolova E. E. Implementation of the principle of assistance of the parties upon termination of the obligation and after termination // Gaps in Russian legislation. – 2018. – No. 4. – S. 136-142.
MUNICIPAL LAW
LEIS Alexander Vladimirovich
postgraduate student of Municipal law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
GUIDELINES FOR MUNICIPAL REFORM IN THE PRACTICE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
In the conditions of the municipal reform being conducted in the country and the uncertainty regarding the future characteristics of the organizational foundations of local self-government, it is necessary to refer to the practice of the Constitutional Court of the Russian Federation, which is already capable of defining guidelines for the reform of local self-government in Russia. The author examines a series of acts of constitutional control during the period from 2020 to 2023, adopted under the new constitutional conditions, and raises a number of relevant issues for this sphere that will have to be faced during the municipal reform.
Keywords: local self-government, unified system of public power, the Constitutional Court of the Russian Federation.
References
1. Goleshchikhin V. S. The Institute of Charters of Municipalities as a Sacred Rudiment of Federal Legislation// Actual problems of Russian law. 2022. No. 5. S. 11-20. DOI: 10.17803/1994-1471.2022.138.5.011-020.
2. Leis A. V. Local self-government in the new constitutional conditions // Bulletin of the Tyumen State University. Socio-economic and legal research. 2021. Volume 7. No. 4 (28). pp. 235-252. DOI: 10.21684/2411-7897-2021-7-4-235-252.
3. Poleshchenko D. A. Chertkov A. N. Correlation between state power and local self-government in Russia: the history of zemstvos and the present. Klintsy: Publishing house of the State Unitary Enterprise “Klintsy City Printing House”, 2011. 208 p.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D.in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D.in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ACTUAL PROBLEMS OF THE DEVELOPMENT OF THE TRADE UNION MOVEMENT IN MODERN RUSSIA
This article examines in detail the need to strengthen and develop the trade union movement in Russia as an institution for the formation of civil society. Objective problems are analyzed that make it very difficult for the trade union to carry out effective activities to protect the rights and interests of workers. It also examines in detail the current ways of developing and improving the trade union movement, which must be implemented by all participants in the social partnership and, first of all, the state.
Keywords: trade union, labor market, employee, employer, minimum wage, social partnership, legal protection of workers, government program, litigation, civil society.
References
1. Federal Law No. 10-FZ of January 12, 1996 “On trade unions, their rights and guarantees of activity.”
2. Teziev T. M. Trade unions – a political institution of the stability of society and the state // Socio-economic sciences for the humanities. – 2016. – No. 13. – P. 130-136.
3. Pobegailov O. A. Trade unions in the political and economic life of Russia in the late XX – early XXI century // XX century and Russia: society, reforms, revolutions. – 2020. – No. 8. – P. 124-133.
CIVIL LAW
BAISOV Murat Mussovich
magister student of the North-Caucasian State Academy
ODEGNAL Ekaterina Aleksandrovna
Ph.D. in Law, associate professor of the North Caucasus State Academy
LEGAL REGULATION OF INTERNET PAYMENT SERVICES
The article discusses the concept and types of Internet payments. Attention is paid to the legal regulation of Internet payments. The separation of Internet payments from settlement relations regulated by the norms of Chapter 46 of the Civil Code of the Russian Federation is carried out. The types of payment services are disclosed. The classification of payment services is related to the types of Internet payments. The article formulates proposals for improving the legal regulation of Internet payments.
Keywords: Internet payment, Internet banking, remote payment, Electronic money.
References
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) (as amended and supplemented, effective from January 1, 2022) / / Collection of legislation of the Russian Federation, 29.01.1996, No. 5, art. 410.
2. Federal Law of August 7, 2001 No. 115-FZ (as amended on June 13, 2023) “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” // Collected Legislation of the Russian Federation, 13.08.2001, No. 33 (part I), art. 3418.
3. Federal Law No. 161-FZ of June 27, 2011 (as amended on December 28, 2022) “On the National Payment System” // Collection of Legislation of the Russian Federation, July 4, 2011, No. 27, art. 3872.
4. Shakhbazyan M. G. Civil law regulation of Internet payments in the Russian Federation. Dis. … cand. legal Sciences. M., 2020.
5. Shakhbazyan M. G. Some aspects of the legal regulation of Internet payments (experience of the countries of the European Union) // Lawyer. 2017. No. 4.
CIVIL LAW
BOCHKARNIKOVA Valeriya Andreevna
specialist of Civil law sub-faculty of the East-Siberian branch of the Russian State University of Justice, Irkutsk
BURKHANOV Rustam Davurovich
master student of the 3rd course of the East-Siberian branch of the Russian State University of Justice, Irkutsk
BURKHANOVA Sofya Davurovna
Chairman of the SSS of the East-Siberian branch of the Russian State University of Justice, Irkutsk
THE LEGAL ESSENCE OF THE LEGAL RELATIONSHIP TO COMPENSATE FOR THE LOST: THEORETICAL APECTS AND PROBLEMS OF APPLICATION PRACTICE
The authors define a civil relationship as a relationship regulated by the norms of civil law. It is revealed that a special place in the system of civil legal relations is occupied by the legal relationship to compensate for the lost. It is concluded that the legal relationship to compensate for the lost arises due to a special legal fact – causing harm, regardless of the presence or absence of an agreement between the subjects of civil circulation. It is stated that the basis of the legal relationship for the compensation of the lost is an offense, and for its correct qualification it is necessary to identify all the elements of the composition.
Keywords: legal relationship to compensate for the lost, elements of the relationship, subject, object and content of the relationship, legal facts, elements of the offence.
References
1. Alekseev S.S. Civil law in questions and answers. 2nd ed., revised. and additional: textbook. allowance / Ed. S. S. Alekseeva. – Ekaterinburg: Institute of Private Law, 2014. – 536 p.
2. Belov V. A. Obligation law: textbook for universities. –Moscow: Yurait Publishing House, 2023 – 424 p.
3. Civil law. In 4 vols. Vol. 1: General part / Resp. ed. E. A. Sukhanov. – M.: Wolters Kluver, 2014. – 720 p.
4. Nevzgodina E. L. On the problem of civil legal representation // Bulletin of the Omsk University. – 2008. – № 2. – P. 127-133.
5. Podsvirov VV The content of civil legal relations: problems of theory and practice of civil law regulation // Bulletin of the Expert Council. – 2020. – No. 1. – P. 147-151.
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
SAMSONOV Evgeniy Dmitrievich
postgraduate student of the Samara State University of Economics
CURRENT PROBLEMS OF APPLICATION OF THE INSTITUTE OF CONDITIONAL PERFORMANCE OF OBLIGATIONS
The article is dedicated to one of the most pressing issues in the field of the general part of the law of obligations, namely, the practice of applying the institution of conditional performance, which appeared in Russian civil law during the 2015 reform. Currently, there are many deeply theoretical works devoted to this topic, but there are questions, the answers to which still cause discussions among Russian civilists. Such doctrinal problems, in particular, include questions of the correlation of this institution with other private law phenomena, as well as the study of the possibility of “transforming” the conditions when the actual circumstances of the dispute change.
Keywords: conditional fulfillment of an obligation, conditional transaction, potestative conditions, suspensive conditions, resolutive conditions
References
1. Nam K. V. Transactions: Commentary on the Glosse. Conditional transactions. German approach // Bulletin of economic justice of the Russian Federation. 2018. No. 11. P. 75-108.
2. Fulfillment and termination of obligations: commentary on articles 307-328 and 407-419 of the Civil Code of the Russian Federation [Electronic edition. Revision 2.0] / Rev. ed. A. G. Karapetov. Moscow: M-Logos, 2022. 1496 p. (Commentaries on civil law #Gloss.)
3. Melnichenko O.A. Some issues of conditional and reciprocal fulfillment of obligations // Law. 2017. No. 1. P. 122-135.
4. Zakharkina A. V. Positivation of the institution of conditional fulfillment of obligations as a necessary condition for increasing the investment attractiveness of the Russian legal system // Bulletin of the Perm University. 2018. P. 240-263.
5. Gromov S. A. Abstracts for the round table of the legal institute “M-Logos” “Problematic issues of conditional transactions”. 2017. [Electronic resource]. – Access mode: https://m-logos.ru/mlogos_publication/nauchnyi_kruglyi_stol_problemnye_voprosy_uslovnyh_sdelok/
CIVIL LAW
DONSKOY Oleg Olegovich
student of the majoring in Jurisprudence, specialization: “Legal Support of Business (Business Lawyer)”. Level of education: Master’s degree of the Faculty of Law of the Patrice Lumumba People’s Friendship University of Russia
DIGITAL FINANCIAL ASSETS IN THE RUSSIAN FEDERATION AND THEIR LEGAL REGULATION
The paper examines the legal regulation of digital financial assets (cryptocurrencys) and identifies the shortcomings of the existing regulatory framework. The vector of legislation development within the framework of regulation of digital financial assets and the attitude of state bodies of the Russian Federation to this phenomenon is determined. The conclusion is made that the existing regulatory framework of the Russian Federation lacks regulation for certain types of tokens and cryptocurrencies, which have different functionality and structure, there is no regulation of mining, which predetermines the whole crypto-business. The importance of legal regulation of mining is defined due to the fact that this type of activity causes certain damage to environmental safety, because the process of cryptocurrencies consumes a lot of electrical energy.
Keywords: digital financial assets, taxation, legal regulation, legislation, tokens, cryptocurrencies, blockchain.
References
1. Karelina S. A., Frolov I. V. The legal regime of cryptocurrency and the institution of insolvency (bankruptcy): problems of legal regulation // Law and digital economy. – 2019. – No. 4. – P. 14-18.
2. Pavlov I. Yu., Kim O. L. The impact of restrictions in a pandemic on the economic performance of business in Russia // State and regional development: opportunities and limitations in a pandemic. – 2021. – S. 252-256.
CIVIL LAW
ZUBKOVA Mariya Nikolaevna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State University of Economics
IBRYASHKINA Anastasia Sergeevna
magister student of the Institute of Law of the Samara State University of Economics
BINARY OPTION: CONCEPT, SPECIFICS, PROSPECTS
The rapidly growing scale of digitalization and the global technological re-equipment of financial markets based on modern information technologies have predetermined the emergence of a new type of income generation – trading on online platforms of financial assets. At the moment, one of the most relevant and adapted for non-professional traders is the binary options market, which has become very popular in a short time. This article is devoted to the study of the concept of “binary option”, the types of existing binary options, as well as the problems of using binary options in modern conditions.
Keywords: option, financial instrument, term transaction, securities.
References
1. Markov S. N., Cherepovetsky P. S. Binary options: concept, types and problems // Scientific research: from theory to practice. – 2015. – No. 3. – P. 329-331.
2. Pietrzyk, Radosław & Rokita, Pavel. (2018). Determination of the Own Funds Requirements for the Risk of Binary Options. 10.1007/978-3-319-76228-9_3.
3. Victor Yekimetsky. binary options. Gambling or financial instrument? [Electronic resource]. – Access mode: https://www.nasdaq.com/articles/binary-options-gambling-or-financial-instrument-2016-01-04.
CIVIL LAW
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University
KLYSHEVSKY Alexander Sergeevich
student of the Far Eastern Federal University
VRONSKAYA Mariya Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Far Eastern Federal University, Civil law disciplines sub-faculty of the Vladivostok State University
FUNCTIONING OF VOLUNTARY MEDICAL INSURANCE IN THE RUSSIAN FEDERATION: CONCEPT, TYPES, ADVANTAGES AND DISADVANTAGES
The article examines the legal functioning of voluntary health insurance in the Russian Federation. The authors identify the types of voluntary medical insurance and consider their features, including paying attention to the insurance of foreigners and stateless persons. The essential advantages and the resulting disadvantages of this type of insurance are also analyzed. We believe that the development of this topic will expand the range of these legal relations, increase the demand for the conclusion of this insurance contract.
Keywords: voluntary medical insurance, policy, insurer, policyholder, insured person, insurance contract.
References
1. Bondar Yu. V. On the content of internal and external problems in the development of voluntary medical insurance in Russia // Baikal Research Journal. 2015. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-soderzhanii-vnutrennih-i-vneshnih-problem-v-razvitii-dobrovolnogo-meditsinskogo-strahovaniya-v-rossii (date of access:06/07/2023).
2. Geraskina O. A. Problems and prospects of compulsory medical insurance and voluntary medical insurance in Russia // Politics, Economics and Innovations. 2016. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-i-perspektivy-obyazatelnogo-meditsinskogo-strahovaniya-i-dobrovolnogo-meditsinskogo-strahovaniya-v-rossii (date of access: 06/07/2023).
3. Zemlyacheva O.A., Merzlikina Yu.V. Compulsory and voluntary medical insurance in Russia // Scientific Bulletin: finance, banks, investments. 2015. No. 2 (31). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obyazatelnoe-i-dobrovolnoe-meditsinskoe-strahovanie-v-rossii (date of access: 06/07/2023).
4. Sharifyanova Z. F., Minigazimova L. F., Mukhametyanova L. R. Voluntary medical insurance (VHI) and compulsory medical insurance (CHI): a comparative analysis // Innovatsionnaya nauka. 2016. No. 5-1 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dobrovolnoe-meditsinskoe-strahovanie-dms-i-obyazatelnoe-meditsinskoe-strahovanie-oms-sravnitelnyy-analiz (date of access: 06/07/2023).
CIVIL LAW
MASALIMOVA Albina Almazovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Bashkir State University
TO THE QUESTION OF THE PECULIARITIES OF THE LEGAL NATURE AND CONDITIONS OF THE TRANSPORT EXPEDITION CONTRACT
In the article, the author identified the features of the legal nature of the transport expedition agreement. It was concluded that it is a named framework agreement. The problem of determining the essential conditions of the contract of the transport expedition was investigated due to the fact that the Law of the Russian Federation “On Forwarding Activities” lists only the structural elements of this contract. The classification of the terms of the contract of the transport expedition was determined, the feasibility of such a classification was investigated.
Keywords: contract of transport expedition, material terms of the contract, subject of contract of transport expedition, transportation and expeditionary services.
Bibliography by article
1. Braginsky M.I., Vitryansky V.V. Contract law. Book One: General Provisions. M.: Statut, 2011. 847 p.
2. Gudovskikh T. S. The system of framework agreements in the field of transportation // Transport law. 2018. No. 3. P. 21-23.
3. Morozov S. Yu. On the subject and subject composition of the transport expedition agreement // Civil law. 2017. No. 6. P. 3-7.
4. Ivanova A. I. Pitfalls of the transport expedition agreement // Administrative law. 2011. No. 1. P. 45-50.
5. Raynikov A. S. Framework agreement: a commentary on the comment // Bulletin of Civil Law. 2019. No. 5. P. 186-202.
6. Kamenkov V. S. The subject of the transport expedition agreement // Transport law. 2014. No. 3. P. 40-46.
CIVIL LAW
ULAEVA Nataliya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
CERTAIN LEGAL ASPECTS OF THE PROVISION OF PAID VETERINARY SERVICES
The article analyzes the provisions of general and special legislation regulating paid (paid) veterinary services, examines certain problematic aspects that arise in practice related to the issues of concluding a contract and its terms, the specifics of the subject and subject composition arising from the specifics and consumer properties of paid veterinary services. The article also pays attention to certain problematic issues of guaranteeing the provision of paid (paid) veterinary services and protecting the rights and legitimate interests of consumers
Keywords: paid services, paid veterinary services, contract for paid services, security guarantees, protection of civil rights.
References
1. Ivanyukhina N. V. Legal regulation of contractual relations for the provision of veterinary services (for example, the city of Moscow): dis. … cand. legal Sciences. – M., 2009. – S. 106-107.
2. Civil law: Textbook. T. II / Ed. Dr. jurid. sciences, prof. HE. Sadikov. – M.: “CONTRACT”: INFRA-M, 2010. – S. 216.
CIVIL LAW
YUSUPOVA Zilya Fanilovna
Notary of the Volga Federal District of the Republic of Bashkortostan, Chekmagushevsky District
LEGAL FEATURES OF THE JOINT TESTAMENT OF THE SPOUSES IN THE RUSSIAN FEDERATION
The article considers the characteristic features of thejoint testament of the spouses under the legislation of the Russian Federation, distinguishing it from its counterpart in foreign law and order. The author analyzes the gaps in the legal regulation of these relations. It is determined that the main problem is the lack of assurance of the fulfillment of the conditions of a joint testament. In conclusion, proposals were formulated to improve the legal regulation of the implementation of the joint testament of the spouses.
Keywords: inheritance, joint testament of spouses, marriage, freedom of testament, secret of testament
Bibliography by article
1. Demichev A. A. Joint testament of spouses in Russian law // Inheritance law. 2018. No. 4. P. 11-13.
2. Dolinskaya VV On development trends and problems of inheritance law in Russia // Laws of Russia: experience, analysis, practice. 2018. No. 10. P. 13-13.
3. Erdelevsky A. M. On new institutions of inheritance law // Access from the legal system “Consultant Plus”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=CJI&n=117165 (date of access: 05/22/2023).
4. Abramenkov M. S. The main provisions of the inheritance law of foreign countries // Inheritance law. 2018. No. 1. P. 40-44.
5. Chashkova S. Yu. Essence and limits of mutual discretion of the spouses when they make a joint will and inheritance agreement // Inheritance law. 2019. No. 4. P. 27-31.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
“Leningrad regional lawyer association”, Law firm “Pelevin and partners”, Lawyer
THE FEATURES OF THE REFLECTION OF PERSONAL DATA IN CONTRACTS FOR THE PROVISION OF PAID MEDICAL SERVICES FOR PLASTIC SURGERY
Medical organizations are required to reflect the personal data of patients in contracts for the provision of paid medical services. It is necessary both to guarantee the effective provision of medical care, and in the case of the absence of a guaranteed result, despite the high-quality process of providing medical services, to sue a clinic or other medical organization to legal responsibility in the framework of civil and law relationships. There is the increase in the number of plastic surgeries in Russia. In it necessary to analyze the institutional features of the reflection of personal data in contracts for the provision of paid medical services.
Keywords: medical documentation, medical services, personal data, medicine, contracts, plastic surgery, medical organization, clinic
References
1. Arkhipova N. N. Some medical and social aspects of assessing the quality of medical services in medical cosmetology // Bulletin “Health and education in the XXI”. – 2011. – № 8. – S. 353.
2. Barbashin M. Yu. Social properties of institutions // Sotsis. – 2018. – No. 2. – P. 25-34.
3. Bolotina M. V. Civil law regulation of consumer rights in the provision of medical services: dis. … cand. jurisprudence: 12.00.03 / Moscow University of the Ministry of Internal Affairs of the Russian Federation. – M., 2009. – 198 p.
4. Mograbyan A. S. Actual problems in the provision of cosmetology services: private law aspect // Lex Ruccica. – 2018. – No. 10 (143). October. – pp. 58-69
5. Plotnikova A. V. The concept and legal characteristics of the contract for the provision of medical services for compensation // Scientific and methodological electronic journal Concept. – 2019. – №1 (January).
6. Pronin I. A. Civil law regulation in the field of aesthetic medicine. Abstract dis. … cand. legal Sciences. – St. Petersburg, 2012. – 26 p.
CIVIL LAW
LYAPUSTINA Natalia Alexandrovna
magister student of Civil law and process sub-faculty of the Law School of the Far Eastern Federal University
TRENDS OF THE APPLICATION OF INDEMNITY BY COURTS IN CASES UNDER A CONSTRUCTION CONTRACT
This scientific article is devoted to the identification of modern trends in the development of judicial practice in the field of application of indemnity in disputes arising from a construction contract. The results of the analysis of cases which were considered by arbitration courts of different regions and brought to the appellate and cassation instances make it possible to gain an understanding of the application in practice of the Article 406.1 of the Civil Code of the Russian Federation in litigation under construction contracts and to suggest possible prospects for litigation.
Keywords: indemnity, construction contract, contractor, customer, agreement on indemnity.
References
1 A. D. Naberezhny. The parties included in the contract a condition on compensation for losses. Kakie surprises await them in court // Arbitration practice for lawyers. – 2016. – No. 11. – P. 38.
2 Vagantov V. Litigation: how to convince the counterparty to agree to a settlement? And is it worth it? // Practical accounting. – 2021. – No. 6. – P. 57.
3 Poduzova E. B. Compensation for losses in case of non-fulfillment of organizational obligations: problems of theory and practice // Laws of Russia: experience, analysis, practice. – 2016. – No. 7. – P. 64.
4 Molokanova D.S., Mukhametshin A.E. Compensation for losses incurred in the event of the occurrence of circumstances specified in the contract (Article 406.1 of the Civil Code of the Russian Federation) in judicial practice // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 11. – P. 181.
CIVIL LAW
MAKAROV Stanislav Alexandrovich
postgraduate student of the Moscow Financial and Industrial University «SYNERGY»
CORPORATE NAME INSTITUTE: HISTORICAL AND LEGAL ASPECT
This article is dedicated to the analysis of the history of the emergence of the institution of the brand name, as well as the issues of legal regulation of this institution at the present stage. In the article, the author considers the key stages in the emergence of the right to a company name, the history of the development of legislation governing the institution of a company name. The article also analyzes the very concept of a company name, its essence, features, specific characteristics and legal relations that arise in the institution of a company name.
Keywords: trade name, legal regulation, historical development of the institute of trade name, exclusive right, protection of rights, trademark.
References
1. Abakumova E. B. Evolution of the Institute of Copyright Evolution of the Institute of Copyright in the Context of the Recognition of Natural Human Rights // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (96). – P. 9-16.
2. Alekseeva M. A. The historical aspect of the development of the institute of brand name // Young scientist. – 2019. – No. 2 (29). – P.p. 618-623. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=37203604 (date of access: 06/24/2023).
3. Vnukov N. A., Matveeva E. V., Abramov S. A. On the ratio of commercial designation and brand name // Law and Economics. – 2018. – No. 8 (366). – P. 37-42.
4. Civil Code of the Russian Federation, Part 4 (Civil Code of the Russian Federation, Part 4). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_64629/
5. Dacheva R. R., Chalova A. S. Development of legislative regulation of the corporate name of legal entities // Epomen. – 2019. – No. 34. – P. 107-114.
6. Convention for the Protection of Industrial Property (Concluded in Paris on March 20, 1883) (as amended on October 2, 1979). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5111/
7. Chezhiya D. Yu., Molchanov A. A., Kovyazin V. V. Formation and development of legislation on trade names // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_44540440_46481149.pdf
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D.in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D.in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
DIGITALIZATION OF EDUCATION AND THE LATEST TECHNOLOGIES IN EDUCATION
In the article, the authors consider the orientation of the educational process in the modern period of time to transition to a new environment using the latest technologies. Taking into account the changes in the requirements for graduates, the introduction of professionals at the state level, as well as the introduction of digitalization of education on the basis of already experienced new social risks and requirements of the Federal State Budgetary System, the study attempts to determine the status of individual innovations that are not provided for by the norms of legislation that students use. Examples of such use are given, as well as separate proposals for the legislative regulation of such processes are made.
Keywords: civil legislation, education, training, application of technologies, innovations.
References
1. Ananyeva E. O., Ivliev P. V. Prospects for digital development in Russiaeducation // Agrarian and land law. – 2022. – No. 8 (212). – P. 75-77.
2. Ananyeva E. O. Problems of organization of higher education in modern Russia // In the collection: Personnel training in modern conditions of education development: realities and prospects. collection of materials of the scientific and methodological conference. – Ryazan, 2022. – P. 9-12.
3. The neural network wrote a diploma for a student in a day. – [Electronic resource]. – Access mode: https://1tv-ru.turbopages.org/1tv.ru/s/news/2023-02-05/446665-neyroset_za_sutki (date of access: 05/18/2023).
4. A book co-authored with artificial intelligence has been published in Russia. – [Electronic resource]. – Access mode: https://ria.ru/20230510/knigi-1870773626.html (date of access: 05/13/2023).
5. Yakovlev N. Yu. In the State Duma, it was proposed to assign the rights to intellectual property created with the help of AI to its developers. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2020/11/14/v_gosudarstvennoj_dume_predlozhili_zakreplyat_prava_na_intellektualnuyu_sobstvennost_sozdannuyu_s_po (date of access: 05/23/2023).
CIVIL LAW
AMIRKHANOV Amirkhan Magomedovich
postgraduate student of the Moscow Financial and Industrial University “Synergy” (in the direction 5.1.3 private law (civil sciences)), a lawyer in LLC “Law Company “MAAT”
PROTECTION OF DIGITAL CURRENCY RIGHTS: MAIN METHODS, PROBLEMS, LEGAL REGULATION
Taking into account possible amendments to the current civil law regulation, the issue of legal protection of owners of digital currency is acute. The article briefly discusses the law enforcement practice of courts, scientific works on possible ways to protect the rights to digital currency. The author notes the existence of gaps in the current legislation, the absence of both the legal and technical possibility of restoring the violated right. The author also concludes that the protection of digital currency rights is possible through criminal law measures, as well as through the use of the principle of general tort.
Keywords: digital currency, cryptocurrency, civil turnover, objects of civil rights, property, electronic currency, judicial protection, criminal liability, civil liability.
References
1. Ayusheeva I. Z., Bogdanova E. E., Bulaevsky B. A., Maleina M. N., Mikryukov V. A., Mikryukova G. A., Morgunova E. A., Soyfer T. V., Somenkov S. A., Suvorov E. D., Tyagay E. D. Civil law (textbook; in two volumes, volume one; edited by Doctor of Law, Prof. E. E. Bogdanova). – M.: Prospekt, 2020. – 440 p.
2. Problems of creating a digital ecosystem: legal and economic aspects: monograph (group of authors; edited by Doctor of Law, Associate Professor V. A. Vaypan, Doctor of Law, Professor M. A. Egorova) . – Moscow State University. M. V. Lomonosov, O. E. Kutafin University (MSUA), Moscow. branch of the Association of Lawyers of Russia, Intern. Union of Lawyers and Economists (France). – M.: Yustitsinform, 2021. – 276 p.
3. Kovalenko M. A. The possibility of recognizing cryptocurrency and tokens as the subject of theft in the context of the development of the digital economy // International Journal of Experimental Education. – 2020. – No. 4. – P. 40-41.
4. Mozhaeva L. E., Savchenko D. G. Seizure of cryptocurrencies obtained by criminal means as a mechanism to ensure the protection of the rights of citizens and organizations that have suffered from crimes against property committed using the Internet: problems and development prospects // Collection of materials All-Russian Scientific and Practical Conference. – 2021. – P. 72-80.
5. Valeev M. M. The concept and classification of things // Civil law: textbook: in 2 volumes / Ed. B. M. Gongalo. T. 1. – M., 2016. – 511 p.
6. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis. – Moscow: Publishing house “4 Print”, 2020. – 307 p.
7. Yankovsky R. M. Cryptocurrencies in Russian law: surrogates, “other property” and digital money // Law. Journal of the Higher School of Economics. – 2020. – No. 4. – P. 43-77.
CIVIL LAW
BAVIN Dmitriy Evgenjevich
student of the Law School of the Far Eastern Federal University
BIG DATA (BIG DATA) AS AN OBJECT OF INTELLECTUAL LAW
This article is devoted to the problem of legal regulation of the object of digital relations – big data. The study examines issues related to the protection of rights to big data (Big Data) in the context of intellectual property law. The author of the article analyzes various aspects of this problem, such as the concept of big data, their characteristics and features, as well as legal aspects related to the use and protection of big data.
Keywords: intellectual property law, big data, big data, object of civil law, digitallegal relations, protection of law.
References
1. Civil Code of the Russian Federation, chapter 70 (ConsultantPlus).
2. The Ministry of Telecom and Mass Communications has published a draft law on the regulation of big data. [Electronic resource]. – Access mode: https://digital.ac.gov.ru/news/4318/
3. On the strategy for the development of the information society in the Russian Federation for 2017 – 2030: Decree of the President of the Russian Federation of 09.05.2017 No. 203. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71570570/
4. Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection”. [Electronic resource]. – Access mode: https://www.alta.ru/tamdoc/06fz0149/
5. Rabets A.P. On the relationship between the concept of “big data” and the concept of “database” // Trends in the development of science and education. – 2021. – No. 76-4. – S. 63-67. – DOI 10.18411/lj-08-2021-136. – EDN WRXFUH.
6. “Directions of Big Data regulation and protection of privacy in the new economic realities” A. Savelyev. [Electronic resource]. – Access mode: https://zakon.ru/Publication/igzakon/7498.
7. Appeal ruling No. 33-8372/2015 dated May 21, 2015 in case No. 33-8372/2015. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/Ied3lkq8pcgP/
8. Federal Law No. 98-FZ of July 29, 2004 (as amended on July 14, 2022) “On Trade Secrets”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_48699/
9. Civil Code of the Russian Federation, chapter 75. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_64629/185ffcdbd35b3874a436f9bf6c66f2fe28d2642e/
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
KUZNETSOV Kirill Alekseevich
postgraduate student of the Samara State University of Economics
MASHIN Alexey Sergeevich
postgraduate student of the Samara State University of Economics
ENERGY AS AN OBJECT OF CIVIL LAW REGULATION: A FUNCTIONAL APPROACH
The article examines theoretical issues related to the qualification of energy as an object of civil law regulation. The approaches presented in the scientific literature to determining the place of energy among the objects of civil rights are considered. The authors conclude that there is a need for comprehensive legal regulation of relations in the field of energy, taking into account the economic and social importance of energy as a resource. Taking into account the analysis of private law concepts and modern legislative interpretation, using a functional approach, it is proposed to attribute energy to the number of material goods that have material characteristics.
In the aspect of private law relations, energy, according to the authors, can belong to the category of property and is both an object of real and binding relations.
Keywords: energy, legal regulation, object of civil rights, functional approach, energy.
References
1. Alekseev S. S. General theory of law. In 2 volumes. T. 2. – Moscow, 1982. – 359 p.
2. Belova E. B. Energy as an independent object of rights // Lawyer. – 2019. – No. 6. – P. 37-43.
3. Gorodov OA Introduction to energy law: textbook. 2nd ed., revised. and additional – Moscow: Prospect, 2015. – 224 p.
4. Civil law: textbook: in 3 volumes. T. 2., otv. ed. A. P. Sergeev, Yu. K. Tolstoy. – Moscow: TK Velby, Prospekt Publishing House, 2005. – 848 p.
5. Zhane A. D. Electricity as a special kind of thing // Journal of Russian law. – 2004. – No. 5. – P. 93-94.
6. Korepanov KV Legal nature of the right to electricity // Bulletin of Civil Law. – 2015. – No. 1. – P. 45-70.
7. Lakhno P. G. Energy as an object of legal regulation // Ecology and Energy. – 2007. – No. 40. – P. 11.
8. Savatier R. Theory of obligation. Legal and economic essay. – M.: Progress, 1972. – 440 p.
9. Svirkov S. A. Legal qualification of energy as an object of civil rights // Lex Russica (Russian law). – 2012. – № 3. – P. 477-491.
10. Chernyavsky A. G. Functional approach to the essence of law // Education and law. – 2018. – No. 4. – P. 73-78.
11. Shvedkova O. V. Energy as an object of contractual relations: on the issue of the concept and legal nature // Journal of Russian Law. – 2016. – No. 7. – P. 52-57.
CIVIL LAW
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
DISPUTE RESOLUTION USING BLOCKCHAIN TECHNOLOGY: KLEROS EXPERIENCE
Many scientists agree that digital rights do not form a new object of civil rights, they are all known binding rights that are listed in the Civil Code of the Russian Federation. In other words, the existence of digital rights is due to the emergence of a new form of fixation of traditional civil rights.
We believe it is appropriate to agree with the definition of the digital form of objects of civil rights proposed by A.A. Shchelokova: “this is such an immaterial form in which objects of civil rights are fixed with the help of any of the digital technologies by creating a record about them in an information system in which interaction between participants in civil legal relations about these objects takes place “[1].
Some authors talk about the emergence of a new form of certification of property rights – digital – along with long–existing forms of certification of rights – state registration of rights and notarization [2], [3].
At the same time, whatever the legal nature of digital rights, it is obvious that their implementation and realization are possible only if a properly functioning mechanism for their protection is created.
So, it is well known that one of the most important technological advances of recent years is the blockchain technology. The question of how to achieve the most effective resolution of disputes related to the use of blockchain technology, including those arising from smart contracts, seems relevant. Is there a need to create other (besides traditional) alternative forms of protection of rights, given the special nature of digital rights? [4]
Answering this question, we can distinguish two approaches to the problem expressed. Proponents of the first approach insist on the sufficiency of resolving disputes arising from the use of blockchain technology through traditional institutions. Proponents of the second approach, on the contrary, argue about the need to create new specific mechanisms for resolving disputes arising in a global decentralized environment. At the same time, proponents of the second approach propose to use a special dispute resolution mechanism based on blockchain technology – blockchain arbitration for dispute resolution [5].
At the same time, such a project has already been successfully implemented and applied and will be considered within the framework of this article. We are talking about a decentralized quasi-judicial system Kleros.
Keywords: blockchain, blockchain platform, smart contracts, dispute resolution, decentralized judicial system.
References
1. Shchelokova A. A. The concept of the digital form of objects of civil rights // Civil law. – 2021. – № 4. – S. 11-13.
2. Mograbyan A. S. Digital rights as objects of civil rights in Russia // Actual problems of Russian law. – 2022. – No. 10. – P. 141-147.
3. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital rights as a new object of civil rights: issues of substantive and procedural law // Advances in Intelligent Systems and Computing. – 2020. – Vol. 1100. – R. 665-673.
4. Rusakova E.tP., Frolova E.tE., Gorbacheva A., Kupchina E.tV. Implementation of the smart-contract construction in the legal system of Russia // 6th International Conference on Education, Social Sciences and Humanities. – 2019. – R. 748-753.
5. Qin, M. The Arbitrage Strategy for Cryptocurrency: Principle and Feasibility Based on Blockchain Technology. conference paper. Jan, 2023.
6. Katsh E., Rabinovich-Einy O. (2017). Digital justice: Technology and the internet of disputes. Oxford University Press. 1st edition. April, 2017.
7. Herian R. Taking blockchain seriously // Law and Critique. – 2019. – No. 29 (2). – S. 163-171. [Electronic resource]. – Access mode: https://doi.org/10.1007/s10978-018-9226-y.
8. Ast, F., O’Rorke, W. Kleros’ legal structure, explained: A French cooperative to change the world. 2018.
9. Ortolani P. The impact of blockchain technologies and smart contracts on dispute resolution: Arbitration and court litigation at the crossroads // Uniform Law Review. – 2019. – No. 24 (2). – S. 430-448. https://doi.org/10.1093/ulr/unz017.
10. Lesage, C., Ast, F., George, W. Kleros short paper v.1.0.7. 2019. [Electronic resource]. – Access mode: https://kleros.io/assets/whitepaper.pdf.
CIVIL LAW
LABABUEVA Olga Sergeevna
postgraduate student of Civil and corporate law sub-faculty of the St. Petersburg State University of Economics
THE CONCEPT OF ELECTRONIC COMMERCE: A COMPARATIVE ANALYSIS OF LEGISLATIVE TERMS
The article considers legislative approaches to understand the term “electronic commerce” in different countries, primarily in the CIS member states. The correlation between the concepts of “electronic commerce” and “electronic commerce” is carried out, the opinions of scientists and legislative acts of the CIS member countries on the content of this phenomenon are analyzed, the author’s concept of “electronic commerce” is proposed .
Keywords: e-commerce, goods, services, information.
References
1. Goldovsky I. Security of payments on the Internet. – St. Petersburg: Peter., 2001. – 240 p.
2. Klimchenya L. S. E-commerce: Proc. allowance. – Mn.: Vysh. school, 2004. – 191 p.
3. Kobelev OA E-commerce: Proc. allowance – Ed. S. V. Pirogov. 3rd ed., revised. and additional – M.: Publishing and Trade Corporation “Dashkov and K”, 2008. – 684 p.
4. Goat D. E-commerce – Per. from English. – M.: Publishing and trading house “Russian edition”, 1999. – S. 2.
5. Eimor D. Electronic business. Evolution and/or revolution. – M.: Williams, 2001. – 320 p.
CIVIL LAW
ROGOV Artur Alexandrovich
postgraduate student of the 1st course of the Moscow Financial and Industrial University “Synergy”
TRANSFORMATION OF THE INSTITUTE OF THE DOMESTIC NOTARY
The article discusses the transformation of the institute of notary in the Russian Federation. The aspect of the historical development of the Institute of notaries is highlighted. The concepts of “notary”, “notary chamber”, as well as the powers and legal force of the activities of public and private notaries in the Russian Federation are revealed. The analysis of statistical data of the Ministry of Justice of the Russian Federation, which show that in recent years the number of state notaries has sharply decreased, and in the current realities there is not a single state notary left. the activities of state notaries.
Keywords: state notaries in the Russian Federation, notary, institute of notary in the Russian Federation, private notaries in the Russian Federation.
References
1. Notaries: a textbook for university students studying in the specialty “Jurisprudence” / A. I. Konovalov, I. I. Kubar, M. I. Nikitin [and others]; edited by G. B. Mirzoev, N. D. Eriashvili, M. N. Ilyushina. – 6th ed. – Moscow: UNITI-DANA, 2017. – 295 p. – ISBN 978-5-238-02629-9. — Text: electronic // Digital educational resource IPR SMART: [website]. [Electronic resource]. – Access mode: https://www.iprbookshop.ru/81514.html (date of access: 06/02/2023).
2. Gur’eva E. V. Notaries of Russia: textbook. – Saratov: IP Air Media, 2010. – 142 p. — Text: electronic // Electronic library system IPR BOOKS: [website]. [Electronic resource]. – Access mode: https://www.iprbookshop.ru/1370.html (date of access: 06/02/2023).
CIVIL LAW
DONSKOY Oleg Olegovich
student of the majoring in Jurisprudence, specialization: “Legal Support of Business (Business Lawyer)”. Level of education: Master’s degree of the Faculty of Law of the Patrice Lumumba People’s Friendship University of Russia
NFT AND THEIR LEGAL REGULATION WITHIN THE RUSSIAN FEDERATION.
The paper examines the legal regulation of Non-fungible token, as well as determines the shortcomings of the existing regulatory framework. Determines the vector of development of legislation within the regulation of Non-fungible token and the attitude to this phenomenon of the state bodies of the Russian Federation. The conclusion is made that the existing legal framework of the Russian Federation does not regulate the Non-fungible token. The importance of the legal regulation of Non-fungible token in connection with the fact that this type of activity should be included in the taxable base of the state.
Keywords: Non-fungible token, NFT, taxation, legal regulation, legislation, tokens, cryptocurrencies, blockchain.
Reference bibliography
1. Kharitonova Yu. S. Tokenization of art and intellectual property law // Lawyer. – 2021. – No. 9. – S. 65-73.
CIVIL LAW
SVERDLOVA Yuliya Valentinovna
postgraduate student of Civil law sub-faculty of the Rostov State Economic University «RINE»
FEATURES OF THE TRANSFER OF PROPERTY OF THE TESTATOR FUNDS DURING LIFE AND BY SUCCESSION
The article discusses the features of the transfer of the testator’s property to funds during his lifetime and in the order of inheritance in accordance with the changes made by articles 123.-20 to the Civil Code of the Russian Federation. During his lifetime, an individual, according to Russian laws, can transfer it to a personal, publicly useful fund. If the testator wishes to use and dispose of his property until his death, then he can write a will with the establishment of a hereditary fund. This entails various legal consequences, which are described in the article.
Keywords: inheritance law, testator, hereditary property, hereditary fund, personal fund.
References
1. Arslanov K. M. Convergence of the Russian and German experience of civil law regulation: history, modernity and perspective / Abstract of the thesis. dis. cand. legal Sciences. – Kazan, 2019.
2. Bykovskaya E. A. Legal status of the hereditary fund in the Russian Federation // Bulletin of the SGUPS: humanitarian research. – 2022. – No. 4 (15). – P. 51-56.
3. Demkina A. V. Personal funds in the framework of the reform of the inheritance law of Russia // Property relations in the Russian Federation. – 2021. – No. 12 (243). – P. 63-74.
4. Krasheninnikov P. V. Inheritance law (Including inheritance funds, inheritance contracts and joint wills). – Litres, 2022.
5. Lebets E. V. Inheritance fund for Russian entrepreneurs // Synergy of Sciences. – 2018. – No. 25. – P. 550-560.
6. Magomedov M. Sh. Deoffshorization in the Eurasian space, or not all foreign jurisdictions are equally useful // Eurasian legal journal. – 2013. – No. 5. – P. 34-37.
7. Kazantseva A. E. New hereditary fund // Bulletin of the Moscow State Pedagogical University. – 2022. – No. 2 (46). – S. 36-39.
8. Sverdlova Yu. V. The Institute of a personal fund: prerequisites for creation, dispositiveness, the mechanism of establishment and management // Notarial Bulletin. – No. 8. – P. 43-53.
9. Farkhutdinov KZ Nationalization of foreign investments and international law // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2011. – No. 2 (22). – P. 80-87.
10. Shatkovskaya T. V., Zhukovskaya A. A., Kochergin P. V. Inheritance funds in Russia: gaps in legislative regulation // Science and education: economy and economy; entrepreneurship; law and management. – 2019. – No. 11. – P. 90-93.
11. Yatsenko T. S. Establishing the legal capacity of foreign legal entities in the activities of a notary // Science and education: economy and economy; entrepreneurship; law and management. – 2011. – No. 8. – P. 87-93.
12. Langbein J. H. The Twentieth-Century Revolution in Family Wealth Transmission // Mich. L. Rev. – 1987. – T. 86. – S. 722.
CIVIL LAW
STYSLOVICH Anatoliy Petrovich
postgraduate student of the 1st year of study of the P. A. Stolypin International Institute of Informatization and Public Administration
QUESTIONS OF INHERITANCE BY PERSONS CONCEIVED AFTER THE DEATH OF THE TESTATOR
The article deals with the issues of inheritance by persons conceived after the death of the testator, as well as some aspects of the inheritance of intellectual property rights are insufficiently researched at present, in addition, the current legislation in these areas of civil law regulation is largely “gap”. In particular, there are a number of unresolved problems by the domestic legislator concerning inheritance by law by persons conceived after the death of the testator and some aspects of inheritance of intellectual rights, which makes the study of these issues relevant. In connection with the spreading global and domestic practice of in vitro fertilization, the issues of inheritance of persons born and conceived after the death of their biological parents, most often the father, are becoming increasingly relevant. Recognition as heirs of children born after the expiration of the three hundred days established by the current legislation after the death of the testator may be problematic due to the lack of detailed legal regulation of the aspects of inheritance under consideration by law.
Keywords: biological materials, biological relationship, donor, implantation, circle of heirs, inheritance, heir, testator, paternity, succession of heirs, posthumous conception, copyright holder, musical composition, reproduction, kinship , subject of inheritance, surrogate mother, DNA test, in vitro fertilization (IVF), embryo.
References
1. Kulikov V. Yu. Topical issues of the legal status of the “test-tube heir”. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-pravovogo-statusa-naslednika-iz-probirki/viewer.
2. Popova Yu. A. Legal relations and succession in inheritance. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravootnosheniya-i-pravopreemstvo-pri-nasledovanii/viewer.
3. Chalaya N. P. Legal nature of inheritance under the law // Actual research. – 2020. – No. 12 (15). — P. 59-61.
4. Shelyutto M. V. Children conceived after the death of a parent: establishment of origin and inheritance rights. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deti-zachatye-posle-smerti-roditelya-ustanovlenie-proishozhdeniya-i-nasledstvennye-prava/viewer.
CIVIL LAW
FOKIN Anton Yurjevich
postgraduate student of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
PROTECTION OF CULTURAL HERITAGE SITES FOR RELIGIOUS PURPOSES IN THE CONTEXT OF GLOBALIZATION
The article examines some aspects of the protection of cultural heritage for religious purposes in the context of legal globalization. In the issue of protection of cultural heritage of religious purpose, both the experience developed in the national legislation of different countries and international experience in this field are very important. International cooperation itself plays a key role in the context of globalization, which extends to all spheres of life, including the legal one.
Keywords: objects of cultural heritage, objects of cultural heritage of religious purpose, globalization, legal globalization, legislation.
Bibliographical list
1. Nikolaeva Yu. V., Bogoliubova N. M. Protection of cultural heritage: international and Russian experience // Vestnik SPbGUKI. – 2014. – № 4 (21).
2. Artyukhova P. A., Chepurova M. O. Legal Basis for the Protection of Religious Cultural Heritage // Theological Bulletin of Smolensk Orthodox Theological Seminary. – 2022. – No. 2. – P. 7.
3. Morozov I. K. Features of legal globalization in the modern world // Concept. – 2018. – No. 9. – P. 1-6.
CIVIL LAW
SHUBNY Vladislav Sergeevich
postgraduate student of the 1st course in the scientific specialty 5.1.3. private law (civilistic) sciences of Civil law sub-faculty of the Saratov State Law Academy
PRACTICAL PROBLEMS OF MANAGING THE COMMON PROPERTY OF AN APARTMENT BUILDING IN TERMS OF DECISION-MAKING BY ITS OWNERS
The paper reveals some problems of regulating the management of apartment buildings. The question of the place and role of managing the common property of an apartment building should be highlighted. The author suggests specific ways to improve the implementation of the rights of owners and members of the HOA and the rules for building relationships between cooperatives, managers of MKD and owners who are not its participants. The purpose of the study is to develop proposals for solving practical and theoretical problems related to the management of the common property of an apartment building in the Russian Federation. Methodological basis of the research: a set of methods of scientific knowledge is used, such as: the formal-legal method, the dialectical method, the method of comparative analysis, etc.. Research results: some ways of improving the legislation in the field of common property in an apartment building in relation to the implementation of the rights of all its members have been identified. Conclusions: at the legislative level, it is necessary to regulate in more detail the provisions of Chapter 14 of the Housing Code, in terms of relations, the parties to which are the cooperative, the manager of the apartment building and the owners who are not members of it.
Keywords: civil law, housing law, common property, apartment building, non-residential building, residential building.
References
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended and supplemented, entered into force on April 28, 2023) // Collected Legislation of the Russian Federation. – 05.12.1994. – No. 32. – Art. 3301.
2. Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (as amended on April 28, 2023) // Collection of Legislation of the Russian Federation. – 03.01.2005. – No. 1 (part 1). – Art. 14.
3. Urban Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ (as amended on August 28, 2020) // Collection of Legislation of the Russian Federation. – 03.01.2005. – No. 1 (part 1). – Art. 16.
4. Bazhilin VV Problems during the general meeting of owners of the premises of an apartment building // Legitimacy. – 2014. – No. 9. – S. 53-56.
5. Gentsler I. V., Prokofiev V. Yu. Conceptual proposals for the development of the institution of common property management in an apartment building by the owners of such property // City Almanac / Ed. N. B. Kosareva. – M .: Foundation “Institute of Urban Economics”, 2017. – Issue. 7. – S. 10-23.
6. Gordeev D. P. Changing the legal status of homeowners associations as an association of owners of residential and non-residential premises in an apartment building. Part I // Property relations in the Russian Federation. – 2016. – No. 11. – S. 74-87.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, Leningrad regional lawyer association, Law firm “Pelevin and partners”
INFORMED VOLUNTARY CONSENT OF THE PATIENT TO PLASTIC SURGERY: LEGISLATIVE REGULATION, MEANING AND CONTENT
The article is devoted to the current problem of legislative regulation, which, at first glance, is quite deeply studied. Nevertheless, upon closer examination, a review of the publications of domestic authors indicates that the legal nature of the informed consent of the patient is disclosed, but a number of aspects that reveal the legal mechanism of integration into the legal relations between the medical organization and the patient remain ignored. In recent years, given the increasing popularity of plastic surgery and the emergence of the results of law enforcement practice, the patient’s informed consent mechanism has been institutionalized. However, the study of this issue remains relevant due to the fact that plastic surgery is a dynamically developing branch of medicine, within the framework of which new types of services arise that require detailed legal study.
Keywords: medical services, informed consent, contract, plastic surgery, invasive medical procedures.
References
1. Avotinia M. Forensic medical expertise in evaluating the quality of aesthetic plastic surgery services. – M.: National Institute of Medical Law // Medical Law: Theory and Practice. – 2022. – No. 3-4 (17-18). – C. 11-17.
2. Boyarinova V. I. Legal nature of informed voluntary consent to medical intervention // Bulletin of the Omsk University. Series “Right”. – 2019. – V. 16, No. 4. – P. 115–124.
3. Boyarinova V. I. Legal meaning of informed voluntary consent to medical intervention // Bulletin of the Omsk University. Series “Right”. – 2021. – V. 18, No. 1. – P. 66–74.
4. Gorovenko S. V. Administrative responsibility for violation of the requirements of the legislation on obtaining informed voluntary consent to medical intervention // Legal Science and Law Enforcement Practice. – No. 2 (48). – 2019. – P. 44-51
5. Kazakova E. B., Zimina M. Yu. Patient informed consent doctrine: comparative legal analysis of foreign and Russian medical and legalscientific practice // Electronic scientific journal “Science. Society. State”. – 2014. – № 1(5)
6. Karpov O. E., Subbotin S. A., Shishkanov D. V., Zamyatin M. N. Digital health care. Necessity and prerequisites // Doctor and information technologies. – № 3. – 2017. – P. 6-22
7. Kurguzov A. O., Magomedov I. M. Informed consent of the patient: the problem of standardization // International Student Scientific Bulletin. – 2016. – No. 6. – [Electronic resource]. – Access mode: https://eduherald.ru/ru/article/view?id=16717 (date of access: 04/13/2023).
8. Popova O. V. Ethics, aesthetics, anesthetics in the context of the development of plastic surgery // Questions of Philosophy. – 2017. – № 4.
9. Pyzhova O. V., Chaltseva T. A. Informed consent of the patient in the Soviet health care system: from ethical theory to medical practice // Modern studies of social problems. – 2018. – T. 10, No. 2-4. – P. 14-27
10. Sergeev V. V., Gorlova E. V. Informing about the risk associated with the methods of providing medical care // Legal Bulletin of Samara University. – 2019. – V. 5. No. 1. – S. 65–70. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.18287/2542-047X-2019-5-1-65-70.
CIVIL PROCESS
AVDEEVA Yana Viktorovna
Chairman of the judiciary, judge of the Arbitration Court of the Tyumen Region
THE PROBLEM OF CHANGING THE PROCEDURAL NORMS OF THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION BY THE SUPREME COURT OF THE RUSSIAN FEDERATION THROUGH THE EXERCISE OF ITS POWERS TO PROVIDE CLARIFICATIONS ON ISSUES OF JUDICIAL PRACTICE p> In this article, the author considers the issue of the arbitration process of factually changing the norms of arbitration procedural law by authorities by exercising their powers to provide clarifications on issues of judicial practice. The author focuses on the consequences of the broad application of the legal approaches reflected in the exercise of the designated powers to interpret the sources of law, notes the preference for their application of taking into account causal relationships.
Keywords: clarifications on issues of judicial practice, set-off of counterclaims, counterclaim, objections to a claim, more favorable procedural position, abuse of procedural law, principles of the arbitration process, goals of legal proceedings in arbitration courts, norms of judicial workload.
References
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (subject to amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ, of February 5, 2014 No. 2 -FKZ, dated 01.07.2020 No. 11-FKZ, dated 06.10.2022) – Text: electronic // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 20.05.2023).
2. Arbitration Procedural Code of the Russian Federation of July 24, 2002 No. 95-FZ (as amended on December 2, 2021) // ConsultantPlus: Reference and Legal System [Official. website]. – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 20.05.2023).
3. Guk V. A. Consolidation of the principle of competitiveness and equality of the parties in the norms governing civil proceedings // Legal Science and Law Enforcement Practice. – 2016. – No. 4 (38). – P. 25-27.
4. Novikov N. A. Judicial reconciliation in arbitration proceedings: theory and practice // Russian law: education, practice, science. – 2021. – No. 5. – P. 46-53.
CIVIL PROCESS
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ERBUTAEVA Zarina Komilovna
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE USE OF BLOCKCHAIN TECHNOLOGY IN RESOLVING PRIVATE LAW DISPUTES: MYTH OR REALITY?
The article is devoted to the study of the introduction of new digital technologies such as blockchain, NFT and smart contract in private law disputes. The authors provide definitions of such concepts as “blockchain”, “NFT” and “metaverse”. In addition, the article examines recent judicial precedents for the use of blockchain and NFT technology in legal proceedings that have appeared in the United States, England and China. As a result of the study, the authors concluded that blockchain technologies are quite effective tools that can simplify a number of procedural actions in court.
Keywords: blockchain technology, digital disputes, metaverse, NFT, arbitration process, civil process, platform justice, virtual reality law.
References
1. Ermakova E. P. Blockchain, metaverses and NFT in civil procedure and arbitration in Russia, China and USA // RUDN Journal of Law. – 2023. – Vol. 27. – No. 1. – P. 148-165. – DOI 10.22363/2313-2337-2023-27-1-148-165. – EDN RIGRJN.
2. Zasemkova O. F. (2020). On ways to resolve disputes arising from smart contracts // Lex russica. – 2020. – T. 73. No. 4. – S. 9-20.
3. Schwinger R. (2022) Anonymous no more: Blockchain analytics in the court// nortonrosefulbright // New York Law Journal. – May 24, 2022. [Electronic resource]. – Access mode: https://www.nortonrosefulbright.com/-/media/files/nrf/nrfweb/knowledge-pdfs/us_42855_reprint-pdf_anonymous-no-more_blockchain-analytics-in-the-courts_r3.pdf?revision=ef9df8dc- 2175-441c-a1a5-67495ce2ef38&revision=ef9df8dc-2175-441c-a1a5-67495ce2ef38.
4. NFT and Metaverses: How can economies unite and digitalize? // Habr. 01/31/2022. [Electronic resource]. – Access mode: https://habr.com/en/post/648755/ [Accessed 11/14/22]. (In Rus).
5. Brisov Yu. V., Pobedkin A. A. The legal regime of NFT (nonfungible taken) in Russia: how to work in the absence of special legislative regulation? // Digital Law. – 2022. – Vol. 3. – No. 1. – R. 44-66. – DOI 10.38044/2686-9136-2022-3-1-44-66. (In Rus)
6. Szabo N. Smart Contract Glossary // University of Amsterdam. – 1995. – P. 31.
7. Analytical review on the topic “Smart contracts”. [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/47862/SmartKontrakt_18-10.pdf.
8. NFT and Metaverses: How can economies unite and digitalize? // Habr. –31.01.2022. [Electronic resource]. – Access mode: https://habr.com/en/post/648755/ [Accessed 11/14/22]. (In Rus).
9. Izmailova A. A. Metaverse as a new economic system // Modern Economy Success. – 2021. – No. 6. – R. 175-179. (In Rus)
CIVIL PROCESS
KOTOV Ivan Andreevich
postgraduate student of Civil law and process and international private law sub-faculty of the Law Institute of the of the Patrice Lumumba Peoples’ Friendship University of Russia, lawyer of the Bar of Moscow «Starinsky and Partners»
BASHILOV Boris Igorevich
Ph.D. of Law, senior lecturer on Civil law and process and international private law sub-faculty of the Law Institute of the of the Patrice Lumumba Peoples’ Friendship University of Russia, senior partner of the law firm “Bashilov, Noskov and Partners”
APPLICATION OF FORFEIT PROVISIONS TO CORPORATE DISPUTES: PRO ET CONTRA
The article deals with the issues of recovery of a court penalty (astrent) in disputes arising from corporate legal relations, based on arbitration judicial practice. The authors come to the conclusion that it is admissible to collect it in these disputes on non-property claims, however, the courts formally refer to this institution due to the lack of uniform criteria for determining its size in the legislation and judicial practice.< /p> Keywords: corporate legal relations, corporate disputes, forfeit, court forfeit, astrent.
References
1. Gorbashev I. V. On some material and legal aspects of bringing to subsidiary liability in the clarifications of the Supreme Court of the Russian Federation // Bulletin of Civil Law. – 2018. – No. 4. – P. 154–202.
2. Erokhova M. A. On the judicial penalty in Russian law. Analysis of practice 2015–2017 // Bulletin of economic justice of the Russian Federation. – 2017. – No. 7. – P. 97–111.
3. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China: monograph / E. P. Ermakova, E. E. Frolova. – M.: Yurlitinform, 2021. – 223 p.
4. Rusakova E. P. The evolution of Russian civil proceedings in “super justice” // Collection of articles of the International Scientific Legal Forum in Memory of Professor V.K. Puchinsky. Moscow, October 15, 2021 / ed. ed. E. E. Frolova, E. P. Rusakova. – M.: RUDN, 2021. – S. 323-328.
CIVIL PROCESS
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PROTECTION OF THE RIGHTS OF AUTHORS USING SMART CONTRACTS
In this article, the author analyzes the possibility of using blockchain technology and smart contracts to create an effective system for managing and protecting the rights of authors in the digital environment. The main purpose of intellectual property law is to promote innovation and creativity through the creation ofan effective system for the management and protection of rights to protected objects. In addition, the growth of cross-border trade in services in the field of intellectual property against the background of a decrease in cross-border trade in goods requires the improvement of the legal support for transactions for the provision of these services. The motivation to create something useful or beautiful is within the law, granting the creators of works certain rights to benefit from their creation.
Keywords: smart contract, blockchain, digitalization, intellectual property, copyright.
References
1. Kupchina E. V. Artificial intelligence in intellectual property: issues of copyright // Eurasian Law Journal. – 2020. – No. 12(151). – P. 146-151.
2. Raskin M. Law and Legality of Smart Contracts // Georgia Law Technology Review. – 2017. – 305, p. 309.
3. Rusakova E.P., Chernysheva T.A. On the issue of using a blockchain depository in the formation of an evidence base in the Internet courts of China // Gaps in Russian legislation. – 2022. – T. 15, No. 6. – P. 120-125.
4. Voshmgir S. Token Economy: How Blockchains and Smart Contracts Revolutionize the Economy. – 2019. – Rp. 87-98.
5. Narayanan A. and others. Bitcoin and Cryptocurrency Technologies: A Comprehensive Introduction // Princeton University Press. – 2016. – R. 27.
6. Bodo B., Gervais D. and Quintais J.P. Blockchain and Smart Contracts: The Missing Link in Copyright Licensing? // International Journal of Law and Information Technology. – 2018. – 26:4.
CIVIL PROCESS
RABETS Anna Petrovna
Ph.D. in Law, associate professor, Deputy Head of Civil law and process sub-faculty of the Law School of the Far Eastern Federal University
DE Arina Engirovna
magister student of the 1st course of the Law School of the Far Eastern Federal university
ELECTRONIC EVIDENCE IN INTELLECTUAL PROPERTY RIGHTS CASES
Qualitatively selected evidence, that is, meeting the criteria of admissibility, reliability, relevance, sufficiency and interconnection, determines the correct consideration and resolution of the case. The effectiveness of legal protection directly depends on the elaboration of the institution of evidence. The complication of legal relations in the field of intellectual property in the context of digitalization is one of the factors in the growth of violations of intellectual property rights in the information environment. This article discusses the problematic aspects of the use of electronic evidence in cases of protection of intellectual property rights. Based on the analysis of judicial practice, the author investigates the issue of the admissibility and reliability of electronic evidence and their probative value.
Keywords: digitalization, civil procedural law, arbitration proceedings, electronic evidence, electronic document, log files, screenshot, metadata.
References
1. On the application of part four of the Civil Code of the Russian Federation: Resolution of the Plenum of the Supreme Court of the Russian Federation of April 23, 2019 No. 10. – Access from the ConsultantPlus ATP. – Text: electronic.
2. On information, information technologies and information protection: Federal Law No. 149-FZ dated July 27, 2006 (as amended and supplemented, effective from March 1, 2023). – Access from the ATP “ConsultantPlus”. – Text: electronic.
3. On some issues of the application of legislation governing the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts: Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 57. – Access from the ATP “ConsultantPlus”. – Text: electronic.
4. Zaborovsky K. S. Electronic documents as evidence in the arbitration process // Technologies of the XXI century in jurisprudence: Proceedings of the Second International Scientific and Practical Conference, Yekaterinburg, May 22, 2020 / Edited by D. V. Bakhteev. – Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”. – 2020. – P. 398-405.
5. Gavrik A. E. Electronic evidence in cases of protection of intellectual property rights on the Internet // Trends in the development of science and education. – 2020. – No. 67-6. – P. 27-29.
6. The information note prepared on the basis of the results of the generalization of the judicial practice of the Court for Intellectual Property Rights as a court of first and cassation instances, taking into account the practice of the Supreme Court of the Russian Federation on certain issues that arise when evaluating evidence containing information posted on the Internet, is approveda By the Resolution of the Presidium of the SIP dated September 14, 2017 No. SP-23/24. – Access from the ATP “ConsultantPlus”. – Text: electronic.
7. Decision of the Arbitration Court of the Chelyabinsk Region dated November 11, 2022 in case No. А76-25339/2022. [Electronic resource] – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
8. Decision of the Arbitration Court of the Stavropol Territory of December 9, 2022 in case No. А63-8357/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Date of access: 04/12/2023).
9. Ruling of the Second Arbitration Court of Appeal dated October 28, 2022 in case No. А17-1357/2022. [Electronic resource] – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
10. Decision of the Arbitration Court of the Novosibirsk Region dated October 18, 2022 in case No. А45-20763/2022. [Electronic resource] – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
11. Meta Tags – How Google Meta Tags Impact SEO. [Electronic resource]. – Access mode: https://www.wordstream.com/meta-tags (Date of access: 04/21/2023).
12. Decision of the Arbitration Court of the Voronezh Region dated December 17, 2018 in case No. А14-17816/2018. [Electronic resource]. Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
13. Decision of the Arbitration Court of the city of St. Petersburg and the Leningrad Region dated August 6, 2020 in case No. А56-133360/2019. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
14. Ruling of the Eighth Arbitration Court of Appeal dated May 4, 2021 in case No. А46-17099/2020. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/15/2023).
15. Decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated September 28, 2022 in case No. А56-59832/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/15/2023).
16. Decision of the Arbitration Court of the Khabarovsk Territory of August 10, 2022 in case No. А73-2976/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Date of access: 04/13/2023).
EMPLOYMENT LAW
BOROVCHENKOVA Viktoriya Olegovna
expert of the Center for Labor and Social Security Law of the Faculty of Law of the M. V. Lomonosov Moscow State University
AN INTERDISCIPLINARY RESEARCH ON EMPLOYER CONTROL
The article is dedicated to the employer control as an interdisciplinary category. The author emphasizes, on the one hand, that the employer control is an economic mechanism in the field of personnel management, which is designed to improve the productivity and efficiency of labor in a timely manner, and on the other hand, a sign of labor relations. Employer control should also be considered through the prism of behavioral economics, as behavioral effects will help the employer to develop an effective control system that takes into account the behavior of employees.
Keywords: labor relations, employer control, personnel management, artificial intelligence.
References
1. Linets A. A. The role of labor law in the economic system of society at the present stage: dis. … doc. legal Sciences. – M., 2022. – 509 p.
2. Zakalyuzhnaya N. V. The main forms of atypical labor relations in Russia and abroad in the context of economic modernization: dis. … doc. legal Sciences. – M., 2021. – 433 p.
3. Sprague R. Worker (Mis)Classification in the Sharing Economy: Trying to Fit Square Pegs in Round Holes // Journal of Labor and Employment Law. – 2015. – Pp. 53-76. – [Electronic resource]. – Access Mode: http://dx.doi.org/10.2139/ssrn.2606600.
4. Yusupova S. M., Milovanov D. I. Personnel control in personnel controlling // Humanitarian scientific journal. – 2022. – № 1. – C. 45-51.
5. Pobiyanskaya A. V., Kipervar E. A., Dubrovin A. M. Systems of control and accounting of working time as a direction for increasing labor productivity // Labor Economics. – 2021. – Volume 8. – No. 6. – P. 631-642.
6. Chernyshov I. N. Electronic monitoring of productivity: opportunities and threats in the changing world of work // Labor Economics. – 2022. – Volume 9. – No. 1. – P. 23-36.
7. Smith M., & Amick B. (1989). Electronic monitoring at the workplace: Implications for employee control and job stress. Job Control and Worker Health. – [Electronic resource]. – Access mode: http://psy250.gofeet.info/pdf/smith.pdf.
8. Kahneman D. Think slowly… decide quickly. – Moscow: AST, 2014. – 653 p.
FAMILY LAW
DENISOVA Yuliya Vladimirovna
postgraduate student of Jurisprudence sub-faculty of the University of Management «TISBI»
HISTORY OF THE DEVELOPMENT OF MEDIATION IN RUSSIA
This article is dedicated to the study and research of the history of the development and formation of mediation in the Russian legal society during peasant relations. The author considered the historical aspect of the formation, the prerequisites for the formation and formation of mediation in a new interpretation, by highlighting the main stages of mediation in a real modern society in Russia. In the process of study and research, literary sources, legal acts and other legislative documents were analyzed, which contributed to the definition of the problem of the development of mediation in the Russian Federation in peasant times and at the present time.
Keywords: mediation, historical development, dispute resolution, historical background, “mediators”, legal system, history of mediation development.
References
1. Avdeenko N. I. On the jurisdiction of property disputes to friendly courts // Bulletin of the Leningrad State University. – 1961. – Issue. 1. – No. 5. – S. 120.
2. Anokhin V. S. Arbitration procedural law of Russia. – M.: Vlados, 1999.
3. Backhaus N. A. On the source of the duty of the state court ex officio to check the decision of the arbitration court on the grounds provided for in the law when considering an application for its cancellation // Arbitration Court. – 2004. – № 3. – S. 52-59.
4. Klyuchevsky V. O. Russian history. Full course of lectures (set of 3 books). – M.: Thought, 1993. – 953 p.
5. Kunitsyn A. P. Historical image of ancient legal proceedings in Russia. – St. Petersburg: Type. Second Division Own. e.i. led. office, 1843. – S. 25.
6. Nigmatullina T. A., Ternovaya L. O. Political mediation: a textbook. – Ufa: Publishing House of the Bashkir Institute of Social Technologies (branch) of the Educational Institution of Trade Unions of Higher Education “Academy of Labor and Social Relations”, 2016. – 370 p.
7. Rubinshtein E. A. Normative regulation of the institution of termination of criminal cases in connection with the reconciliation of the parties: dis. … cand. legal Sciences. – M., 2004. – S. 11.
8. Arbitration in the Russian Federation: textbook / Ed. O. Yu. Skvortsova – M.: Walter Kluvers Publishing House, 2010.
9. Shanin T. Where is Russia going? – M.: Aspect-Press, 1996. – S. 170.
10. Morozova VV Mediation as a way to resolve business disputes. // Science, education, innovations: topical issues and modern aspects. – 2021. – S. 142-144. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47376495 (date of access: 06/23/2023)
11. Kanzafarova E. R., Erokhina E. V. Mediation legislation: foreign standards and Russian practice // RODIS Analytics. – 2021. – S. 23-33. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47156904 (date of access: 06/18/2023)
12. Charter of civil proceedings with clarifications of the Senate up to 1903 inclusive. – Yekaterinoslav: Printing house of the publishing house of L. M. Rotenberg, 1904.
13. Sasov K. A. How to reduce the number of tax disputes in court by judicial practice. // Representative power – XIX century: legislation, comments, problems. – 2008. – S. 25-28. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=12810899 (date of access: 06/22/2023)
14. Mkrtumyan A. R., Grigoryan S. S. Status and problems of the institution of pre-trial settlement of tax disputes in the Russian Federation and in the Republic of Armenia in the conditions of membership in the EAEU // Alley of Science. – 2020 – S. 719-728.
15. Kulikova A. V. Mediation agreement as a special type of obligations // Law. Society. State. – 2020. – S. 162-166. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=43069628 (date of access: 06/22/2023)
16. Kravchuk L. S., Bocharnikova L. N., Zemlyakova T. A. On the use of mediation in criminal cases (from the experience of law enforcement practice in the Federal Republic of Germany) // Historical and social educational thought. – 2015. – S. 118-121. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=25444600 (date of access: 06/18/2023)
17. Shamlikashvili Ts. A., Ostrovsky A. N., Kabanova E. V., Silnitskaya A. S. Mediation in healthcare: from law enforcement to a dialogue about rights // Sociology of Medicine. – 2017. – S. 75-81. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=32505816
18. Masharova T. V. Mediation as a means of resolving conflicts in the modern educational environment // Worldscience, culture, education. – 2019. – S. 62-66. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=39282090 (date of access: 06/22/2023)
19. Ivanov O. B. Mediation in the activities of the Assembly of the people of Kazakhstan // Notes of a scientist. – 2017. – S. 29-46. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=32284352 (date of access: 06/23/2023)
FINANCIAL LAW
ANISHCHENKO Oleg Alexandrovich
magister student of the Law Faculty of the M. V. Lomonosov Moscow State University
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
JUDICIAL PRACTICE ON CORPORATE PROPERTY TAX: FROM THE “CIVIL LAW” CRITERION TO THE “ACCOUNTING” ONE AND VICE VERSA
The article notes that the judicial practice in cases of determining the taxable objects of corporate property tax was not in favor of the taxpayers for a long time, for courts used to apply the “civil law” criterion for making a distinction between personal property and real estate. The Supreme Court has deliberately changed this practice by drawing the attention of lower courts to the need to apply accounting categories. Nevertheless, as it can be derived from the analysis of the latest judicial practice, some arbitration courts have once again returned to the approaches, which were previously refuted by a higher authority. The Supreme Court itself, however, not only does not take any measures aimed at harmonizing judicial practice, but does not seem to notice the problem at all. The article will be useful to those who are interested in tax law.
Keywords: corporate property tax, judicial practice, personal property and real estate, accounting.
References
1. Artyukh A. A. Disputes about the re-qualification of movable property into taxable real estate: in search of a way out // Nalogoved. – 2019. – No. 9.
2. Deynega N. N. Movable and immovable: where is the practice going // Nalogoved. – 2022. – № 12.
3. Deynega N. N. Qualification of property as movable or immovable: development of approaches of the Supreme Court of the Russian Federation // Nalogoved. – 2021.
4. Litvinova K. Yu., Sapogin D. G. How the practice of distinguishing between movable and immovable property develops // Nalogoved. – 2021. – № 4.
5. Nogina O. A. Deformation of the legislative structure of the object on the tax on the property of organizations through subordinate regulation of accounting rules // Financial Law. – 2021. – № 10.
6. Popov P. A. From the “modernization tax” to the updated “land payment” // Nalogoved. – 2019. – No. 9.
7. Sosnovsky S. A. Tax on fixed assets or real estate tax // Nalogoved. – 2019. – No. 9.
FINANCIAL LAW
KERAMOVA Saida Nazirovna
senior lecturer in Administrative and financial law sub-faculty of the Dagestan State University
ABUSALIMOVA Aishat Abubakarovna
magister student of Administrative, financial and customs law sub-faculty of the Dagestan State University
SUBSIDY AS A FORM OF INTER-BUDGET TRANSFER
The article deals with topical issues of allocation of subsidies to Russian regions as forms of inter-budget transfers. It is said that many regions in Russia have low self-sufficiency of income, and therefore there are imbalances in regional budgets. The relevance of the topic lies in the fact that inter-budget transfers are a necessary tool for equalizing the budgetary provision of the subjects of the Russian Federation, and subsidies are a key type of inter-budget transfers. The purpose of this article is to study the problem of distribution of subsidies to the subjects of the Russian Federation, as well as to develop and justify possible to improve federal policy ways in this area. It is concluded that it is necessary to determine the influence of various factors on the possibilities of the federal budget to provide transfer assistance to subsidized regions of Russia.
Keywords: subsidies, inter-budget transfers, subsidized regions, financial support, socio-economic development, income self-sufficiency.
References
1. Gantemirova Z. E. Forms of interbudgetary transfers // Issues of sustainable development of society. – 2022. – No. 6. – P. 316-321.
2. Abramov P. V. Subsidies to the subjects of the Russian Federation: approaches to improving efficiency // Economics of the New World. – 2022. – V. 7. – No. 2 (25). – P. 6-13.
3. Kovalenko O. G., Kiryushkina A. N. On the issue of subsidies to equalize the budgetary provision of the constituent entities of the Russian Federation // Karelian scientific journal. – 2016. – No. 5 (4). – WITH.128-131.
FINANCIAL LAW
ULYBINA Olesya Viktorovna
associate professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa Institute of Science and Technology
DASHKOV Timur Kamilevich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
LEGAL REGULATION OF THE ISSUE OF INVESTING IN SECURITIES FOR CIVIL SERVANTS
In the article, the authors consider the normative legal acts regulating the issues of investing in securities for civil servants, analyze in detail the prohibitions and restrictions related to the legal status of a civil servant. Examples of departmental regulatory legal acts establishing additional aspects of legal regulation on this topic are given. The issue of conflict of interest when investing in securities is analyzed in detail. The direction of foreign securities is considered separately.
Keywords: civil servants, declaration of income of a civil servant, investment for civil servants, securities, prohibitions and restrictions for civil servants, conflict of interests.
References
1. Federal Law of May 27, 2003 N 58-FZ “On the system of public service of the Russian Federation” // SPS “ConsultantPlus” (date of access: 21.05.2023).
2. Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” // SPS “ConsultantPlus” (accessed on May 21, 2023).
3. Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” // SPS “ConsultantPlus” (accessed on May 21, 2023).
FINANCIAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
THE DEFINITION AND LEGAL FORMS OF THE STATE FINANCIAL ACTIVITY
The article reveals the essence of the financial activity of the state on the basis of scientific research by scientists of the Russian State University of Justice and the main features of the financial activity of the state, on the basis of which the definition of its concept is formulated. The main forms of financial activity of the state are analyzed, the content of each of them is disclosed.
Keywords: financial law, state activity, financial activity of the state, public administration, state control, financial control.
References
1. Alekseev I. A., Svistunov A. A., Stankevich G. V. et al. Administrative law: textbook. – M.: Prospekt, 2016.
2. Biryukova E. R. On the relationship between the economic function of the state and other functions of the modern Russian state // Modern problems of economics, management and law: a collection of scientific articles / Ed. ed. G. Yu. Gulyaev. – Penza: Science and education, 2019.
3. Bochkareva E. A. Legal model of a balanced budget system in the Russian Federation: Author. dis. … doc. legal Sciences. – M., 2014.
4. Bochkareva E. A. Financial and legal aspects of budgetary resources management of the state and its territories // Law and practice. – 2020. – No. 1. – P. 133.
5. Bochkareva E. A. Financial control and expertise // Financial control in the field of public and private finance: materials of the International scientific and practical conference / Ed. I. A. Tsindeliani. – M.: RGUP, 2017.
6. Kainov A. S. Law enforcement and human rights activities: correlation of concepts // Vector of science of Togliatti State University. Series: Legal Sciences. – 2016. – No. 2 (25).
7. Komarova L. V., Farikova E. A. The place of the institution of financial control in the system of Russian law // Eurasian legal journal. – 2022. – No. 2 (165).
8. Komarova L. V., Farikova E. A. Legal and individual regulation of public relations in the sphere of finance, control, supervision, audit // Eurasian Legal Journal. – 2019. – No. 1. (128).
9. Okhrimenko Ya. V. On the issue of understanding the state as a subject of financial legal relations // Chronos. – 2021. – T. 6. – No. 7 (57).
10. Farikova E. A. Subjects of state financial control and audit in modern Russia // Law and practice. – 2022. – № 1.
11. Financial law: textbook / Ed. ed. N. I. Khimicheva, E. V. Pokachalova. – M.: Norma: INFRA-M, 2020.
12. Herrera L. M., Sedova I. N., Cherkasova T. S., Troitskaya N. G. Functions of the state financialhowling politics // World science: problems and innovations: collection of articles of the XXV International Scientific and Practical Conference / Ed. ed. G. Yu. Gulyaev. – Penza: Science and education, 2018.
TAX LAW
MUTUEV Akhmed Ibragimovich
magister student of the 2nd course of the Institute of Law of the Dagestan State University
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of Administrative, financial and customs law sub-faculty of the Dagestan State University
PROBLEMS OF OPTIMIZATION OF TAX ACTIVITY IN THE RUSSIAN FEDERATION
The article discusses the concept of taxes and the procedure for their redistribution. The mechanism of tax optimization is considered, the ways of its implementation are determined. The risks of optimizing the tax sphere within the framework of political and economic transformations are outlined. Examples of the practice of applying tax evasion schemes are used. The problems leading to violation of legislation and damage to the state budget are considered.
Keywords: tax, tax optimization, tax control, tax legislation, tax benefit.
References
1. Tax Code of the Russian Federation Part 1 (dated July 31, 1998 No. 146-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 16, 1998) (as amended and supplemented). Information and legal portal “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru.
2. The Tax Code of the Russian Federation, part 2 (dated August 5, 2000 No. 117-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 19, 2000) (as amended and supplemented). Information and legal portal “Garant”. [Electronic resource]. – Regime access: https://base.garant.ru.
3. Golubeva M. G. Tax planning and tax optimization // Theoretical aspects of jurisprudence and law enforcement issues: Collection of articles based on the materials of the X International Scientific and Practical Conference: Limited Liability Company “Internauka”, 2018. – P. 23-26.
4. Krokhina Yu. A. Tax law: a textbook for universities. – 10th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 503 p.
BUSINESS LAW
BADMADORZHIEV Garma Evgenjevich
magister student of Constitutional and administrative law sub-faculty of the School of Law of the Far Eastern Federal University
ON THE QUESTION OF SOME PROBLEMS OF APPLICATION OF THE NORMS OF THE INSTITUTE OF INVALIDITY OF TRANSACTIONS IN A BANKRUPTCY CASE IN THE PRACTICE OF ARBITRATION COURTS
This article identifies and analyzes the problems of applying the institution of invalidity of transactions in a bankruptcy case in the practice of arbitration courts of the Russian Federation. In the course of the study, the author examines the material norms of civil law and the norms of the institution of insolvency (bankruptcy), fixing the grounds for the invalidity of transactions, the application of which is possible within the framework of the bankruptcy procedure . The author comes to the conclusion that the application by the courts of the norms of the institution of invalidity of transactions in a bankruptcy case is not without its shortcomings due to the assumption of arbitrary application of general and special grounds for the invalidity of transactions. In addition, the author formulates and proves the need to legally fix one more special ground for the invalidity of the debtor’s transactions in the Federal Law on insolvency (bankruptcy), since such fixing will resolve the uncertainty in the application of some general civil grounds for the invalidity of transactions in a bankruptcy case.
Keywords: institution of insolvency (bankruptcy), invalidity of transactions, transactions, general grounds for the invalidity of transactions, special grounds for the invalidity of transactions, arbitration courts, law enforcement.
References
1. Badmadorzhiev G. E. To the question of the place in the system of law of the Russian Federation of the totality of norms on the invalidity of transactions in a bankruptcy case // Eurasian Law Journal. – 2022. – No. 11 (174).
2. Birkley V. E. The boundary between special and general grounds for contesting transactions in bankruptcy: theory questions // Questions of Russian justice. – 2022. – № 17.
3. Ryakhovskaya A. N., Kovan S. E. Influence of the institution of bankruptcy on the economic security of the state: a challenge or a security tool? // Property relations in the Russian Federation. – 2018. – No. 6 (201).
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State Unversity of economics
THE SUBJECT COMPOSITION OF RELATIONS ON THE REGULATION OF ENTREPRENEURIAL ACTIVITY: DEBATABLE ISSUES
The article provides an analysis of one of the most pressing issues of modern business law at present – the issues of systematization of state influence on economic relations in terms of its subject composition and, above all, on relations in the field of entrepreneurial activity. This issue is one of the fundamental ones in the theory of business law and largely determines the vector of development of the conceptual provisions of this branch of law as a complex branch of education, and the science of business law as intersectoral knowledge. Unfortunately, the variety of author’s interpretations does not allow reaching a new level of legal reflection, taking into account the ongoing changes in the country’s politics and economy. In this regard, I consider it necessary to update the ideas available in science about the structure of relations on state regulation of entrepreneurial relations, primarily in the context of their subject composition.
As one of the conclusions, we substantiate the opinion on the inclusion of state corporations in the number of specific entities that implement state policy in the field of entrepreneurial activity.
Keywords: state regulation, entrepreneurial activity, subjects of entrepreneurial law, state corporations.
References
1. Timofeeva T. F., Leontyeva L. G. State regulation of entrepreneurial activity // Bulletin of the Russian University of Cooperation. – 2018. – № 2.
2. Netishinskaya L. F. Entrepreneurial law: Textbook. – Krasnodar, 2019.
3. Grishkovets A. A. Federal authorities and other entities that regulate the economy // Legal policy and legal life. – 2020. – № 3.
4. Khudzhatov M. B. Joining a self-regulatory organization (SRO) // ATP Consultant Plus. 2022.
5. Kanunnikova N. G. To the question of a state corporation as a form of a non-profit organization // Business Security. – 2021. – No. 2. – P. 3-5.
BUSINESS LAW
DO LIN
magister student on the specialty “Jurispudence” of the Belarusian State University of Economics
LEGAL PROVISIONS FOR CHINESE COMMERCIAL ENTERPRISES
This research presents an in-depth exploration of the legal provisions of governing commercial entities in China. The paper begins with an overview of the significance and evolution of commercial entities in the Chinese context, then delves into the specific legal framework that oversees them. It scrutinizes various legislative texts such as the “Company Law of the People’s Republic of China” and the “Partnership Enterprise Law of the People’s Republic of China,” along with other relevant laws and regulations.
The study evaluates the implementation and implications of these legal provisions for businesses, examining enforcement institutions and procedures, as well as the effects on corporate governance, investment environment, and corporate image.
Significant attention is devoted to the challenges faced by businesses due to the legal regulations’ complexity and changes, enforcement issues, and compliance costs. The research concludes by summarizing the necessity and hurdles of these legal provisions, offering insightful recommendations for businesses and highlighting potential directions for future research.
Keywords: Chinese commercial entities, legal regulations, legal environment, commercial subjects, implementation and impact, challenges, compliance costs, risk management.
The bibliographic list
1. National People’s Congress (2020). Company Law of the People’s Republic of China.
2. Partnership Enterprise Law of the People’s Republic of China.
3. Smith J. K. Challenges in the Enforcement and Regulation of Legal Provisions for Business Entities: A Comparative Study // Journal of Business Law. – 2022. – 45 (3). – P. 123-145.
4. Johnson M. A. The Importance of Legal Provisions for Commercial Entities in China: Recommendations for Enhanced Compliance and Risk Management // International Journal of Business and Legal Studies. – 2022. – 10 (2). – P. 78-95.
5. Smith A. The Role and Importance of Commercial Entities in Economic Development // Journal of Economic Studies. – 2021. – 48 (2). – P. 78-95.
6. Zhang L., & Li Y. The Impact of Commercial Entities on Chinese Society: A Comprehensive Analysis // Chinese Journal of Economics. – 2019. – 35 (4). – P. 123-145.
7. Johnson M. A. Legal Provisions and the Operation of Commercial Entities in China: An In-depth Analysis. International Journal of Legal Studies. – 2023. – 10 (2). – P.112-130.
8. National People’s Congress (2020). Partnership Enterprise Law of the People’s Republic of China.
9. National Bureau of Statistics of China (2022). Statistical Database.
10. State Administration for Market Regulation (2022). Market Regulation Database.
11. Yin, R. (2018). Case Study Research and Applications: Design and Methods. Sage Publications.
12. National People’s Congress (2016). Partnership Enterprise Law of the People’s Republic of China.
13. National People’s Congress (1999). Contract Law of the People’s Republic of China.
14. National People’s Congress (2001). Trademark Law of the People’s Republic of China.
15. National People’s Congress (2007). Anti-Monopoly Law of the People’s Republic of China.
16. Supreme People’s Court (2008). Opinions on the Establishment of Specialized Commercial Trial Institutions.
17. National People’s Congress (2014). Environmental Protection Law of the People’s Republic of China.
18. Cyberspace Administration of China (2020). Data Security Law of the People’s Republic of China.
19. National People’s Congress (2006). Anti-Monopoly Law of the People’s Republic of China.
20. National People’s Congress (2019). Foreign Investment Law of the People’s Republic of China.
INFORMATION RIGHT
TOLKACHEV Mikhail Vasilyevich
postgraduate student of the Department of the Scientific and Educational Center “Legal Studies” of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
STATE POLICY ON DIGITALIZATION OF PUBLIC BODIES OF THE RUSSIAN FEDERATION
The successful development of the national economy depends on the active and effective implementation of digital technologies in individual industries. Digital technologies will allow every citizen to participate in regional and national projects and various digital platforms implemented by public authorities to improve the efficiency of public administration. In the process of exercising public powers, public authorities promote that citizens receive various services by providing digital access to the portals of public authorities. The introduction of digital technologies in the activities of public authorities contributes to improving the quality of services provided, improving the feedback mechanism with the population, and the transition to interactive interaction between authorities and citizens.
Keywords: digitalization, public authorities, public administration, digital technologies, electronic document management, electronic provision of services, law, legal regulation.
References
1. Gerasimchuk Z. V., Baranova I. S. Prospects for the use of digital technologies in public administration in a crisis (on the example of COVID-19) // StudNet. – 2020. – V. 3. No. 9. – S. 826-835.
2. Zubarev S. M. Legal risks of digitalization of public administration // Actual problems of Russian law. – 2020. – V. 15. No. 6 (115). – P. 23-32.
3. Kobzar-Frolova M. N. The system of public authorities of the Russian Federation: concept, characteristics, interaction // Siberian Legal Review. – 2021. – V. 18. No. 2. – S. 192-203.
4. Konyukova O. L., Letunov S. A. The role of digitalization in public administration // Global and regional research. – 2019. – V. 1. No. 1. – S. 75.
5. The concept of the digital state and the digital legal environment: monograph / Ed. ed. N. N. Chernogora, D. A. Pashentseva. – M., 2021.
6. Kuzyakin Yu. P., Kuzyakin S. V. Legal regulation of digital technologies in public administration // Administrative law and process. – 2023. – No. 3. – P. 55-58.
7. Malinenko E. V. Influence of digitalization of management on the optimization of the legal system (on the example of constitutions and charters of subjects of the Russian Federation) // Bulletin of the Volga Institute of Management. – 2019. – V. 19. No. 2. Okinawa Charter of the Global Information Society. – [Electronic resource]. – Access mode: http://www.kremlin.ru/supplement/3170 (date of access: 05/10/2023).
8. Potapova E. G., Poteeva P. M., Shklyaruk M. S. Digital transformation strategy: write to execute. – Moscow: RANEPA, 2021. – 184 p.
9. Alimova D. R., Afanasyeva S. A., Bakulina L. T. et al. Gaps in law in the context of digitalization: a collection of scientific papers / Ed. ed. D. A. Pashentseva, M. V. Zaloilo. – M.: Infotropic Media, 2022. – 472 p.
10. Ryzhkova E. A., Ryzhkova E. K. Actual problems of legal regulation of the digital revolution // Legal Research. – 2021. – No. 8. – P. 2-3.
11. Chernogor N. N., Zaloilo M. V. Improving the legal regulation of public discussion of draft regulations // Law. Journal of the Higher School of Economics. – 2018. – No. 4.
ENVIRONMENTAL LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
ANTONOVA Tatyana Leontjevna
Ph.D. in Law, Dean of the Faculty of Continuing Education for the Training of Specialists for the Judicial System, associate professor of General education disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
SOME ASPECTS OF THE DEVELOPMENT OF THE REGULATORY AND LEGAL PROVISION OF ENVIRONMENTAL SAFETY IN THE SUBJECTS OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF THE REPUBLIC OF CRIMEA)
The article analyzes and reveals the basics of regulatory and legal provision of environmental safety in the context of modern challenges and threats. The authors study and reveal the concepts of “national security”, “environmental safety”, “ensuring environmental safety” and their relationship. The study reveals the problems of developing regulatory support for the implementation of the Environmental Safety Strategy on the example of the Republic of Crimea. Based on the analysis, the authors make their conclusions and proposals for the development and implementation of the Environmental Safety Strategy of the Republic of Crimea, which can and should be taken as a basis for the development of this Strategy.
Keywords: national security, environmental safety, ensuring environmental safety, Environmental Safety Strategy of the Republic of Crimea.
References
1. Evsikova E. V., Antonova T. L. Some aspects of administrative and legal regulation of environmental responsibility // Eurasian Law Journal. – 2022. – No. 4 (167). – P. 131-133.
2. Evsikova E. V., Buts S. B. To the law on the amendment to the Constitution of the Russian Federation-2020 // Eurasian legal journal. – 2021. – No. 11 (162). – P. 133-135.
3. Sokolskaya T. I. On the draft Strategy for the environmental safety of the Russian Federation until 2025 // Science and Modernity. – 2016. – P. 142-149.
4. Brinchuk M. M., Kasprov Yu. A. Ecological safety as an element of a single space in the Arctic // Bulletin of the Udmurt University. Series “Economics and Law”. – 2020. – T. 30. Issue. 4. – P. 528-534.
5. Zakharov A. V. and Popov A. G. Ensuring environmental safety in the context of modern global challenges to humanity // Actual problems of state and law. – 2017. – V. 1. No. 1. – P. 131-140.
6. Kirsa A. S. The concept of environmental safety // Young scientist. – 2022. – No. 38 (433). – P. 123-126.
7. Bykovsky VK Ecological security in the system of national security of the Russian Federation // International cooperation of Eurasian states: politics, economics, law. – 2016. – No. 2. – P. 90-98.
LAND LAW
PERELEKHOVA Tatyana Sergeevna
magister student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University, associate professor of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
PROBLEMS OF THE EFFICIENCY OF LAND CONTROL AND SUPERVISION IN THE CONTEXT OF IMPROVEMENT OF LEGISLATION
This article examines the features and problems of the productivity of land control and supervision in the Russian Federation, analyzes the judicial practice on this issue. The foreign experience of control in the field of land relations is considered. A number of proposals have been made to improve legislation in the field of land control and supervision in the Russian Federation.
Keywords: state land supervision, municipal control, land offenses, unauthorized construction, responsibility.
Reference list
1. Lipski S. A. State land supervision in the system of environmental supervision: organizational and legal aspects // Legal issues of construction. 2015. – № 1. – P. 12-16.
2. Dyrda S. V., Maltseva V. V., Gagarinova N. V. State land supervision: tasks, implementation procedure, responsibility for violations of land legislation // COLLOQUIUM – JOURNAL. – 2019. – No. 3-4 (27). – P.33-36.
3. Karpenko L.P. Sokolov I.S. Problems of the implementation of the powers of state land supervision / / Bulletin of the University named after O.E. Kutafin (MGYuA). – 2019. – No. 1 (53). – P.163-168.
4. Suvorov I. S. Problems beforeindications of unauthorized occupation of land in the implementation of state land supervision // Young scientist. – 2021. – No. 10 (352). — P. 121-123.
CRIMINAL LAW
GADZHIEVA Aisha Ansarovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Khasawurt
YUSUPOVA (KURBANOVA) Merem Kurbanovna
magister student of the Institute of Law of the Dagestan State University
THE ESSENCE OF CRIMINAL PUNISHMENT, ITS FUNCTIONS AND TRENDS OF PUNITIVE POLICY IN THE MODERN PERIOD: IS THE REPRESSIVE APPROACH JUSTIFIED?
The article discusses issues related to the essence of punishment, as well as the correlating functions of criminal punishment, and also gives a practical assessment of the effectiveness of punishments in recent years. It is noted that the essence of punishments should be considered a certain balance between punitive, rehabilitative and socio-rehabilitative principles of criminal punishment, which is appropriately expressed in its functions. The importance of the punitive element and the justification of the punitive bias in the policy of sentencing for the commission of certain types of grave and especially grave crimes are stated.
Keywords: criminal punishment, punitive policy, repressive approach, social rehabilitation.
References
1. Ansel M. New social protection (humanist movement in criminal policy). – M.: Publishing house of the Leningrad University, 1970. – S. 105-106.
2. Bytko S. Yu., Varygin A. N. Some methodological issues of evaluating the effectiveness of the preventive impact of criminal penalties // Bulletin of the Perm University. Legal Sciences. – 2019. – No. 43. – P. 146-177.
3. Pasyuk E. A. The concept and goals of punishment // Student Forum. – 2021. – No. 28 (164). – P. 73-75.
4. Shesler A. V. Why criminal punishment should be punishment // Bulletin of the Kuzbass Institute. – 2019. – No. 1 (38). – P. 84-96.
5. Judicial Department. – [Electronic resource]. – Access mode: http://cdep.ru/?id=79 (date of access: 06/15/2023).
6. Judicial statistics of the Russian Federation – [Electronic resource]. – Access mode: https://stat.api-press.rf/stats/ug/t/14/s/17 (date of access: 06/15/2023).
7. Statistical information on the state of crime in 2022 – [Electronic resource]. – Access mode: https://mvd.rf/news/item/35394944 (date of access: 06/15/2023).
CRIMINAL LAW
ISMAGILOVA Galina Vyacheslavovna
Ph.D. in economical sciences, associate professor of Economics and management at metallurgical and machine-building enterprises sub-faculty of the Institute of Economics and Management of the First President of Russia B. N. Yeltsin Ural State University, associate professor of Management and economic theory sub-faculty of the Institute of Economics, Finance and Management of the Ural State Agrarian University
ISMAGILOVA Kristina Arkadjevna
postgraduate student of the Ural Institute of Management – branch of the RANEPA under the President of the Russian Federation.
LEGAL REGULATION OF LAND USE IN THE ACTIVITIES OF AN INDUSTRIAL ENTERPRISE
The article discusses the main legal and economic aspects of state regulation of land relations. From a legal point of view, the issues of land categorization, the type of permitted use, the rights and obligations of the land owner, from an economic point of view, taxation of industrial lands and price-forming factors of land plots are considered. Approaches to the problems of abolishing the categorization of land plots have been studied, and the boundaries of the taxpayer’s legal freedom in terms of the use of industrial land have been determined.
Keywords: land tax, land categorization, industrial lands, waste disposal facilities, state regulation of land relations.
References
1. Accounting and analytical support for the formation of taxable profit: Textbook / Pod. ed. O. P. Bozina. – Moscow: IL, 2014. – 172 p.
2. Narysheva N. G. Transition from the division of land according to the intended purpose into categories to territorial zoning: pros and cons // Ecological Law. – 2015. – No. 5. – P. 42-49.
3. Zemlyakova G. L. Problems of legal regulation of changes in the types of permitted use of land plots in the conditions of the abolition of the division of land into categories // Ecological Law. – 2021. – No. 1. – P. 28-34.
4. Ismagilova G. V., Kostochko K. A. On the rational use of land by industrial enterprises // Spring Days of Science GSEM: collection of reports of the XII International Conference of Students, Postgraduates, Young Scientists “RosRussian regions in the focus of change”, April 20-23, 2018; FG.AOU HE “UrFU named after the first President of Russia B.N. Yeltsin”. – Ekaterinburg. – P. 185-188.
5. Kolesnyak A. A., Kolesnyak I. A. Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. – 2015. – № 2. Rational use of agricultural land is the basis for providing the population of the region with food.
6. Kharkov V. N. The principle of dividing land into categories according to the intended purpose as the main beginning of public administration in the sphere of land use and protection // Modern law. – 2016. – No. 9. – P. 82-89.
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» p> SOCIO-PSYCHOLOGICAL DETERMINANTS OF JUVENILE DELINQUENCY
The article examines the socio-psychological determinants of criminal behavior of minors. Special attention is paid to the peculiarities of criminal behavior of minors, which often violates the rules of social behavior, traditional orders and norms of society. The factors of determination that have a great influence on the implementation of crimes by minors are considered. Possible solutions to this problem are proposed.
Keywords: determinants of crime, criminal behavior, socio-psychological factors, illegal behavior, minors.
References
1. Pisarevskaya E. A. On the issue of socio-psychological determinants of violent juvenile delinquency // Bulletin of the Tomsk State Pedagogical University. – 2006. – No. 11 (62). – P. 56-60.
2. Slobodenyuk M. A. Social and psychological determinants of violent crimes committed by minors // New in psychological and pedagogical research. – 2018. – No. 1 (49). – P. 71-77.
3. Alekseev A. I., Gerasimov S. I., Sukharev A. Ya. Criminological prevention: theory, experience, problems. – M., 2001.
4. Zorina N. S. Features of deviant behavior of adolescents // Eurasian legal journal. – 2023. – No. 2 (177). – S. 259-260.
5. Mironov D. D. Formation of the readiness of students of legal specialties to work with adolescents with deviant behavior // Word science: problems and innovations: Collection of articles of the XLIII International Scientific and Practical Conference. In 2 parts, Penza, May 30, 2020. Volume Part 1. – Penza: “Science and Education” (IP Gulyaev G. Yu.), 2020. – P. 222-224.
6. Smolyakov A. A., Gavrilova O. V. The study of moral and psychological characteristics of the personality of minors who have committed violent crimes as one of the components of the prevention of juvenile delinquency. – 2020. – V. 5. No. 2 (10). – S. 221-226. – EDN ANZBUF.
7. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency” Access from references. – legal system “ConsultantPlus”.
8. Dugenets A. S., Pavlova L. V. On some issues of organizing individual preventive work in relation to minors as a way to protect their rights // Actual problems of administrative and administrative procedural law (Sorokin readings): Collection of articles based on international scientific and practical conference, St. Petersburg, March 24, 2023 / Under the general editorship of A. I. Kaplunov, compiled by: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 672-677.
CRIMINAL LAW
KOLUPAEV Egor Olegovich
attorney trainee, Advocatory bureau of the Tomsk region Yuridicheskaya gruppa “PRIM group”, Tomsk
THE BRIBE ITEM IN THE CRIMINAL LAW OF THE RUSSIAN FEDERATION AND SOME COUNTRIES OF THE EUROPEAN UNION
In the present article, the author is analyzing the essence of the bribe item in the criminal codes of the Russian Federation, and some foreign countries-members of the European Union. In the article, the description and evaluation of some specific features of the foreign legislation related to the bribe item is presented. Carried out an estimated comparison of approaches to the essence of bribe item in certain European countries and the Russian Federation. Some features of the domestic approach to the essence of a bribe item are revealed. Raised problem of incomplete disclosure of bribe item in the Russian Federation in the context of the personal benefit of the bribetaker.
Keywords: corruption, bribery, commercial bribery, unlawful advantage, personal benefit, European Union.
References
1. Epifanov B. V. The subject of the crime: the concept and problems of lawmaking // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2015. – No. 2 (66). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/predmet-prestupleniya-ponyatie-i-problemy-pravotvorchestva (date of access: 04/12/2023).
2. Inogamova-Khegay L. V. Official crimes as single acts and as a plurality of crimes // Society and Law. – 2017. – No. 1 (59). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sluzhebnye-prestupleniya-kak-edinichnye-deyaniya-i-kak-mnozhestvennost-prestupleniy (date of access: 04/09/2023).
CRIMINAL LAW
KUCHMEZOV Rasul Abdulmutalifovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia of the MIA of Russia, major of police
CRYPTO CRIME AS A KIND OF CYBERCRIME
In recent years, the modern world economy has been actively applying new technologies that allow expanding the use of payment opportunities, using blockchain, cryptocurrency. The demand for cryptocurrency, as it turned out, causes significant harm to the economy and poses a threat to the national security of the country. The domestic law enforcement system can control the activities of legal entities operating on its territory and prohibit them from using cryptocurrencies, but it is much more difficult to track the actions of individuals. In addition, there is no ban on the exchange of cryptocurrencies for real money outside the country due to the fact that international exchange markets do not obey the norms of national law of individual countries. Law enforcement practice also notes the existence of a problem with Internet sites that can accept payments in cryptocurrency: they are outside the Russian legal field, as they work outside the Russian Federation and function anonymously. Therefore, it will not be possible to avoid the turnover of cryptocurrencies in the Russian Federation.
Keywords: cryptocrime, cybercrime, criminal encroachments, information technology, economic crimes, international nature of the crime.
References
1. Batuev T. B. Cryptocurrency as a goal and a means of committing a crime // Student. – 2019. – No. 20-5 (64). – P. 17-20.
2. Bushkevich N. S., Yakimov A. A. Characteristics of the main problems of investigating cryptocrimes // Legality and the rule of law. – 2020. – No. 4 (56). – P. 39-43.
3. Ganicheva E. A. Countering the use of cryptocurrency for illegal purposes // Modern Science: Actual Problems of Theory and Practice. Series: Economics and law. – 2022. – No. 3. – P. 124-128.
4. Dolgieva M. M. Cryptocrime as a new type of crime: concept, specifics // Modern law. – 2018. – No. 10. – P. 109-115.
5. Dolgieva M. M. Features of the objective side of crimes related to the circulation of cryptocurrency // Legitimacy. – 2022. – No. 12 (1058). – P. 24-28.
6. Soldatova Yu. A. The use of cryptocurrency in criminal activity // In the collection: Prospects for the development of institutions of law and the state. Collection of scientific papers of the 4th International scientific conference. – Kursk, 2021. – P. 47-49.
CRIMINAL LAW
LATYPOVA Dinara Mansurovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal and penal law sub-faculty of the Samara Law Institute of the FPS of Russia
CONDITIONS FOR THE LEGITIMACY OF CAUSING HARM BY AN EMPLOYEE DURING THE DETENTION OF A CONVICT WHO ESCAPED FROM A CORRECTIONAL INSTITUTION
The article is dedicated to the analysis of the conditions for the legitimacy of causing harm during the arrest of a convicted person escaping from a correctional institution. The article analyzes the issues of qualification of exceeding the measures necessary for the detention of a convicted person committing an unlawful act. The qualification is substantiated by the totality of the criminal law norms provided for by Art. 105 and Art. 286 of the Criminal Code of the Russian Federation.
Keywords: infliction of harm, conditions of legality, escape, convict, excess of measures.
Reference list:
1. Popov A. N. Scientific and practical commentary on the decision of the Plenum of the Supreme Court of the Russian Federation “On the application of the courtmi of legislation on necessary defense and infliction of harm during the arrest of a person who committed a crime “of September 27, 2012 No. 19. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2020. – P. 29.< br /> 2. On approval of the Procedure for carrying and using firearms by employees of the penitentiary system: order of the Ministry of Justice of the Russian Federation No. 215: [adopted on October 30, 2017] Official Internet portal of legal information. [Electronic resource]. – Access mode: www.pravo.gov.ru, November 17, 2017
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 Talat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia, associate professor of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
CRIMINAL LIABILITY FOR THE COMMISSION OF CONVENTIONAL CRIMES UNDER THE LEGISLATION OF FOREIGN COUNTRIES
The geography of human trafficking, in addition to Russia, covers the Central Asian states, the Middle East, and Western Europe. The unifying legal basis for countering conventional crimes is international law, and the activities of national law enforcement agencies to combat this evil should be coordinated within the framework of interstate cooperation in this area and police interaction with Interpol. In 2000, the Russian Federation signed the UN Convention against Transnational Organized Crime and its supplementary Protocol on the Prevention and Suppression of Trafficking in Persons, which were ratified by the Russian Federation in March 2004. At the same time, criminal law issues (qualifications) of combating conventional crimes require further development to eradicate such phenomena.
Keywords: European Union, international law, convention crimes, human trafficking, use of slave labor, ratification of international agreements.
References
1. Zagorsky G. I., Kaufman M. A., Moiseeva T. F., Radutnaya N. V. Trial of human trafficking. – M., 2009. – S. 22.
2. Gordeeva A. O., Chernova O. A. International legal framework for combating human trafficking // Electronic scientific publication “Scientific notes of the TOGU”. – 2014. – Volume 5. – No. 4. – P. 215.
3. Sinitsyn F. L. International legislation on the problem of human trafficking. – Perm, 2000. – P. 11.
4. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime: Adopted by General Assembly resolution 55/25 on 15 November 2000.
5. Mukhanov BN Experience in combating attacks on the physical freedom of a person associated with his exploitation in foreign countries // Bulletin of the Chelyabinsk State University. – 2005. – No. 9 (1). – P. 114.
6. Magomedov A. A. Problems of interstate cooperation in the fight against human trafficking in the post-Soviet space // State and ways of improving the counteraction to human trafficking in Russia: collection of articles. materials scient.-pract. seminar October 17, 2014, Moscow / Ed. T. L. Kozlova; Acad. Gene. Prosecutor’s Office Ros. Federation. – M., 2015. – S. 85.
CRIMINAL LAW
MOLCHANOVA Elena Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Criminal law, process and criminalistics sub-faculty of the branch of the Kuban State University in Tikhoretsk
CRIMINAL PENALTIES: HISTORY AND MODERNITY
The article examines the historical aspect of the development of the system of punishments used in Russia for committing criminal offenses. It is shown that historically it was a long and complex evolutionary path, the stages of which were determined by the socio-economic and political-legal processes taking place at that time. The addition of the Criminal Code of the Russian Federation Article 123.1 is proposed.
Keywords: criminal punishment, misconduct, disposition, crime, responsibility, criminal law.
Reference bibliographic listc
1. Barshev S.I. General principles of theory and legislation on crimes and punishments: in two sections // Bulletin of the O.E. Kutafin University (MSUA). – 2018. – No. 12. – P. 216.
2. Getsmanova I. V. Legal regulation of artificial termination of pregnancy and liability for illegal abortion: history, problems, prospects // Medical Law. – 2016.– No. 5. – P. 31-35.
3. Gorozhankina D. V. Code of laws on legal proceedings for crimes of 1832 as an act of systematization of the criminal procedural legislation of the Russian Empire // Bulletin of the South Ural State University. – Series: Law. – 2006. – Issue. 8. – T. 2.
4. Garbatovich D. A., Klassen A. N. Non-criminal deeds in accordance with the Criminal and Correctional Punishment Code of 1845 // Bulletin of the South Ural State University. – Series: Law. – 2018. – T. 18. – No. 1. – S. 18-23.
5. Kazakova V. A. Problems of qualifying crimes against health: Monograph. – M.: RUSAYNS, 2018. – 436 p.
6. Popov A. A. Brief history of abortion and demographic policy in Russia // Family Planning in Europe. – 1994. – No. 1. – P. 5-7.
7. Russian legislation of the X – XX centuries. Judicial reform. – Vol. 8: Charter on punishments imposed by magistrates.
8. Skrelya K. Yu. From the history of legislative thought – analysis of the “Code of punishment for criminal and correctional” from 1845 // Scientific Bulletin of the Crimea. – 2019. – No. 3 (21). – P. 11.
9. Titov Yu. P. History of the domestic state and law. – Part 1. – M., 1996.
CRIMINAL LAW
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
CRIMINAL-LEGAL ASSESSMENT OF NON-FULFILLMENT BY MEDICAL PERSONNEL OF THEIR PROFESSIONAL DUTIES
The main focus of medical activity is the preservation of human health and life. Medical workers are criminally liable for committing professional crimes by negligence. Bringing a medical worker to criminal responsibility for causing serious harm to health or causing death by negligence is explained by the fact that the most serious mistakes in the professional activities of medical staff leading to the listed consequences. These acts are carried out by medical staff in the process of performing their professional duties by a person. The commission of a professional error is that the medical staff violates the established legal regulations in the field of medical care. The noted violations can be committed with both intentional and careless forms of guilt.
Keywords: preservation of human health and life, medical staff, professional activity, professional error, criminal liability, causing death.
References
1. Rastoropov S. V., Adylin D. M. On the issue of the subjective side of HIV infection // Bulletin of the Samara Law Institute. – 2018. – No. 3 (29). – S. 53.
2. Rakov A. A. Objective signs of crimes committed by medical workers // Bulletin of the Chelyabinsk State University. – 2005. – No. 9 (1). – P. 117-120.
3. Nagornaya I. I. Criminal law protection of human life and health in the provision of medical services: a comparative legal analysis. – M., 2014. – S. 83.
4. Petrova T. N. Features of the investigation of crimes related to poor-quality medical care during obstetrics // Consilium Medicum. – 2017. – No. 19 (6). – P. 9–31. DOI: 10.26442/2075-1753_19.6.9-31.
5. Vinokurova M. A. Responsibility for criminally improper provision of medical care (part 2 of article 109, part 2 of article 118 of the criminal code of the Russian Federation // Law and order: history, theory, practice. – 2016. – No. 1 (8). – C 72-75.
6. Kozhukharik D. N., Savin P. T. Legal analysis of the elements of the crime “Causing death by negligence” // Law and Practice. – 2017. – No. 3. – S. 34.
CRIMINAL LAW
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofya Dmitrievna
student of the 3rd 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
MODERN FORMATIONS OF THE INSTITUTE OF CRIMINAL LIABILITY OF LEGAL ENTITIES IN RUSSIA
Today, the question of the need to introduce criminal liability for legal entities is due to a number of legal, socio-economic and political factors that are associated with an increase in the total number of crimes committed with the help and in the interests of legal entities. This fact increases the general criminal situation in Russia, and also negatively affects its investment attractiveness in the international arena, destabilizes the fundamental foundations of the economy, and favors the growth of corruption in the country.
Keywords: legal entities, criminal liability, administrative liability, experience, continental law.
References
1. Criminal Code of the Russian Federation: Feder. Law No. 63-FZ of June 13, 1996 (as amended on December 30, 2021). – Access from SPS “Consultant Plus”. – Text: electronic.
2. Federal Law on Administrative Offenses (as amended by the official publication of February 19, 1987 (BGBl. 1987 I S. 602), as amended and supplemented).
3. Convention on Combating Bribery of Foreign Officials in the Implementation of International Commercial Transactions // Collected Legislation of the Russian Federation. – April 23, 2012. – No. 17. – Art. 1899. [Electronic resource]. – Access mode: http://base.consultant.ru/ (date of access: 14.05.2016).
4. Kelina S. G. Responsibility of legal entities in the draft of the new Criminal Code of the Russian Federation. – M., 1994. – S. 51-52.
5. Kuznetsova N. F. New criminal law. A common part. – M., 1996. – S. 47.
6. Minin R. V. Criminal liability of legal entities in the legislation of France // Journal of civil and criminal law. – 2016. – No. 1 (5). – P. 41-47.
7. Bose M. Corporate Criminal Liability in Germany // Pieth M., Ivory R. (eds). Corporate Criminal Liability. Dordrecht, Springer, 2011. lusGentium: Comparative Perspectives on Law and Justice. – Vol. 9. – R. 227-254.
8. Lenin V. I. On “double” subordination and legality // Complete collection of works. 5th ed. – M.: Polit. lit., 1970. – T. 45. – 730 p.
9. Belousov S. A. Balance and imbalance in Russian legislation through the prism of the technique of its specialization and unification // Legal Technique. – 2016. – No. 10. – P. 336-340.
10. Bytko Yu. I. Does Russia need such a law (to the question of the draft law on criminal liability of legal entities) // Bulletin of the Saratov State Law Academy. – 2015. – No. 2 (103). – S. 182-193
CRIMINAL LAW
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
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
PUNISHMENT FOR CRIMES AGAINST THE PERSON UNDER THE CRIMINAL LEGISLATION OF KAZAKHSTAN, TAJIKISTAN, AND UZBEKISTAN
The article analyzes the systems of crimes against the person in the criminal legislation of the Republic of Kazakhstan, the Republic of Tajikistan and the Republic of Uzbekistan, analyzes systems and types of punishments, as well as types and types of sanctions for these crimes in the Criminal Codes of the above-mentioned states. The author’s calculations of the number of all types and types of sanctions, including the percentage ratio, provided by the articles of the sections on crimes against the person of the three criminal laws are given. As a result of a comparative analysis of the criminal legislation of Russia, Kazakhstan, Central Asian and Middle Eastern states the use of useful foreign experience and additions to Part 1 of Article 105, Article 128, 153 and 157 of the Criminal Code of the Russian Federation are proposed.
Keywords: crime, personality, retaliation, reprisal, punishment, sanction, Code, Kazakhstan, Tajikistan, Uzbekistan.
References
1. Boronbekov S. The main institutions of the Afghan criminal and penitentiary law; M-in. affairs Ros. Federation, Ryazan. higher school – Ryazan: Higher School of the Ministry of Internal Affairs of the Russian Federation, 1992. – 43, [1] p.
2. Zhizhilenko A. A. Essays on the general doctrine of punishment. – Petrograd, 1924. – 108, [2] p.
3. Kalmykov P. D. Textbook of criminal law, compiled according to the lectures of Professor P. D. Kalmykov A. Lyubavsky: Parts: general. and special – St. Petersburg: Type. t-va “Social benefit”, 1866. – 535 p.
4. Lepeshkina O. I. The death penalty as a criminal law institution: Dis. … cand. legal Sciences: 12.00.08: St. Petersburg State University. – St. Petersburg, 2003. – 188 p.
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6. Mulyukov F. B. Punishment for crimes against a person according to the Criminal Code of the Federal Republic of Germany // Bulletin of Economics, Law and Sociology. – 2019. – No. 2. – P. 66-69.
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14. Criminal law: Criminal law of foreign states. Development and implementation of programs to combat crime abroad. A common part. Special part: Course of lectures. Lecture 15 / Vorobyov I. A., Zhalinsky A. E., Ignatov A. N., Knyazev V. V., and others; Edited by: A. N. Ignatov, Yu. A. Krasikov, P. G. Ponomarev. – M.: Norma, Infra-M, 1997. – 176 p.
15. Criminal Code of the Republic of Belarus dated July 9, 1999 No. 275-Z / Nauch. ed. B.V. Volzhenkin. – St. Petersburg: Legal Center Press, 2001. – 474 p.; Vedamastsi of the National Assembly of the Republic of Belarus. – 1999. – No. 24. – Art. 420. – [Electronic resource]. – Access mode: http://www.base.spinform.ru/show_doc.fwx?rgn=1977 (accessed 05/12/2023).
16. The Criminal Code of the Republic of Kazakhstan (adopted by the Law of July 16, 1997 No. 167) / Ed. ed. R. M. Arslanov and A. I. Boytsov. – St. Petersburg: Legal Center Press, 2001. – S. 127-179. – 466 p.; Gazette of the Parliament of the Republic of Kazakhstan. – 1997. – No. 15-16. – Art. 211. – [Electronic resource]. – Access mode: http://www.pavlodar.com/zakon/?dok=00087 (accessed 05/12/2023); dated July 3, 2014 No. 226-V ZRK. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=31575252#pos=2375 (accessed 05/16/2023).
17. Criminal Code of the Republic of Tajikistan dated May 21, 1998 No. 575 / with preface. A. V. Fedorova. – St. Petersburg: Legal Center Press, 2001. – S. 124-185. – 410 p. – [Electronic resource]. – Access mode: http://www.wipo.int/wipolex/ru/text.jsp?file_id=237375; http://online.zakon.kz/document/?doc_id=30397325 (accessed 05/12/2023).
18. Criminal Code of the Republic of Uzbekistan dated September 22, 1994 No. 2012-XII / Ed. ed. R. M. Arslanov and A. I. Boytsov. – St. Petersburg: Legal Center Press, 2001. – 338 p.; Vedomosti of the Supreme Council of the Republic of Uzbekistan. – 1995. – No. 1. – Art. 3. – [Electronic resource]. – Access mode: http://lex.uz/pages/getpage.aspx?lact_id=111457; http://online.zakon.kz/Document/?doc_id=30421110 (Accessed 05/16/2023).
19. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection of Legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
20. The Criminal Code of Japan of April 27, 1907 / Nauch. ed. A. I. Korobeev; per. from Japanese V. N. Eremina. – St. Petersburg: Legal Center Press, 2002. – 226 p. – [Electronic resource]. – Access mode: http://law.edu.ru/norm/norm.asp?normID=1241616&subID=100097517,100097519,100097542,100097704#text (accessed 04/29/2023).
CRIMINAL LAW
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice
DVORZHITSKAYA Marina Andreevna
Ph.D. in Law, senior lecturer in Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice
ISSUES OF APPLICATION OF ARTICLE 264.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article notes that the crime provided for by Art. 264.1 of the Criminal Code of the Russian Federation is now in first place in terms of the number of registered crimes among road traffic criminal encroachments. The authors investigate the application of Article 264.1. The difficulties that are in practice in connection with the criminal law and criminal procedure assessment of such acts have been identified. It was established that most of the criminal cases are returned to the prosecutor because of the lack of evidence of signs of the objective side of this act, the problems are of an evidentiary nature. The authors tell that it is this aspect that the law enforcement officer needs to pay special attention.
Keywords: violation of traffic rules, driving a vehicle,state of intoxication.
References
1. Trukhin S. A. Procedural problems of proof in criminal cases under article 264. 1 of the Criminal Code of the Russian Federation // Bulletin of the O. E. Kutafin University. – 2018. – No. 2 (42). – C. 211-220.
2. Novikova E. A., Cherkasova E. I., Aleksandrov E. A., Volchenko A. V. Features of the preliminary investigation of criminal cases on a crime under Art. 264. 1 of the Criminal Code of the Russian Federation “Violation of the rules of the road by a person subjected to administrative punishment” // Gaps in Russian legislation. – 2017. – No. 6. – P. 289-292.
CRIMINAL LAW
STAVILO Sergey Petrovich
Ph.D. in Law, associate professor, professor of Socio-economic and humanitarian disciplines 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 Rostov State University of Economics (RINE)
ABDULLAEVA Viktoriya Sergeevna
Ph.D. in economical sciences, associate professor of Criminal and penal law, criminology sub-faculty of the Rostov State University of Economics (RINE)
CRIMINALIZATION PARAMETERS, NATURE AND BASIS OF THE PUBLIC DANGER CRIME
The article analyzes the most pressing issues of criminal law devoted to the search for parameters of criminalization of socially dangerous acts, the analysis of the nature and grounds for determining the social danger of a crime. The authors propose to carry out the criminalization and decriminalization of acts on a logically justified, strictly scientific basis, without abusing this type of law-making activity to achieve other goals that are not determined by the goals of criminal law. The authors propose to introduce into scientific discourse a discussion of the need to adopt a “Code of Criminalization of Socially Dangerous Acts”, which would define not only the principles, mechanism, criteria of criminalization, but also other parameters in this ambiguous and complex criminal law activity.
Keywords: criminalization, public danger, corpus delicti, decriminalization.
References
1. On the practice of imposing criminal penalties by the courts of the Russian Federation. Decree of the Plenum of the Supreme Court of the Russian Federation No. 58 of December 22, 2015 (as amended by Resolutions of the Plenum of the Supreme Court of the Russian Federation of November 29, 2016 No. 56, of December 18, 2018 No. 43) // Bulletin of the Supreme Court of the Russian Federation. 2016. No. 2. February.
2. Full course of criminal law: In 5 volumes / Ed. Doctor of Law, Prof. A. I. Korobeeva. T. I: Crime and punishment. St. Petersburg: Legal Center Press, 2008. P. 168.
3. Solovyov A. N. The concept of crime: theoretical, legislative and law enforcement aspects: author. diss. … cand. legal Sciences. Volgograd, 2000. S. 20-22.
4. Pudovochkin Yu. E. Wrongfulness as a sign of a crime: experience of analysis, problems, prospects // All-Russian criminological journal. 2018. V. 12. No. 1. P. 70-81.
5. Tagantsev N. S. Russian criminal law: Lectures. Part General. M., 1994. T. 1. S. 58.
6. Kuznetsova N. F., Welzel L. Criminal law of Germany. M., 1984.; Trainin A. N. The general doctrine of the composition of the crime. M., 1957.
7. Criminal law of Russia. Part General. Rep. ed. L. L. Kruglikov. M.: BEK, 2000. S. 110-113.
8. Maritchak T. M. Mistakes in qualification of crimes. Kyiv, 2004. P. 41.
9. Course of criminal law. A common part. Volume 1: The doctrine of crime. Ed. N. F. Kuznetsova, I. M. Tyazhkova. M.: Zertsalo, 1999. S. 170.
10. Galiakbarov R. R., Shulga A. V., Sokol A. V. The history of the emergence and formation of the doctrine of the composition of the crime in foreign criminal law // Society and Law. 2019. No. 3 (69). pp. 37-44.
11. Ustinov V. S. Criminal law of Russia (General part). N.Novgorod, 1997. P. 38.
12. Martsev AI General questions of the doctrine of crime. Omsk: Omsk YuI Ministry of Internal Affairs of Russia, 2000. S. 44-46.
13. Orazdurdyev A. M. Classification of single elements of crimes depending on the number of elements and signs of composition in the law // Bulletin of the Volga University. V. N. Tatishcheva. 2018. Vol. 2. No. 4. P. 188-204.
14. Kurinov B. A. Scientific basis for the qualification of crimes. M., 1984. S. 71.
CRIMINAL LAW
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
SEPARATE ISSUES OF QUALIFICATION OF CONTINUED EXTORTION
The article analyzes the issues of qualification of systematic extortion. Objective and subjective signs of the corpus delictiprovided for in Article 163 of the Criminal Code of the Russian Federation, which together can serve as a basis for recognizing systematic extortion as a single complex ongoing crime, are considered. There are also options for the qualification of continued extortion, which are associated both with a change in the situation of committing such a crime and with the transformation of the perpetrator’s intent.
Keywords: crime, extortion, ongoing crime, set of crimes, completed crime.
References
1. Garbatovich D. A. Periodic (systematic) extortion as a continued crime // Criminal Law. – 2020. – No. 4. – P. 9-14.
2. Boytsov AI Crimes against property. – St. Petersburg, 2002. – 774 p.
3. Minsky V. S. Criminal liability for extortion. Some questions of qualification and proof // Law and Economics. – 1997. – No. 11-12. – P. 63-66.
4. Lyapunov Yu. Responsibility for extortion // Legitimacy. – 1997. – No. 4. – S. 4-10.
5. Tkachenko V. I. Extortion // Business and Law. – 996. – No. 6. – P. 40-45.
6. Arkhipov A. V. Single continued theft: qualification problems // Criminal law. – 2017. – No. 5. – P. 13-19.
7. Khomyakov E. V. Influence of specific intent on the qualification of crimes // Russian judge. – 2022. – No. 3. – P. 13-15.
8. Dolotov R. O. The moment of the end of the continued embezzlement with specific intent // Bulletin of the Voronezh State University. Series: Law. – 2018. – No. 3 (34). – S. 336-344.
9. Garbatovich D. A., Sumsky D. V. Delimitation of the totality of crimes from single complex crimes // Criminal Law. – 2015. – No. 1. – P. 28-34.
10. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated October 11, 2022 No. 77-4534/2022 // ConsultantPlus SPS.
CRIMINAL LAW
SHONDIROV Ruslan Khazrailovich
lecturer of Fire training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, police major
CYBERCRIME: GOALS, METHODS OF COMMISSION, QUALIFICATION PROBLEMS
Cybercrime is a criminal activity that is carried out in the digital space of the Internet. It has many components and is not limited to the use of a computer or malicious software. Crimes in the digital space showed themselves especially vividly during the quarantine caused by the coronavirus, when most of the population was forced to switch to remote operation. At the same time, criminals have found new ways to get money illegally. Cybercrimes that require the use of modern information technologies have acquired a special status. Law enforcement officials note that cybercrime does not lag behind the pace of technology development and is rapidly being introduced into all spheres of public life. At the moment, this problem is recognized as global and belongs to the international level. To commit such crimes, not the most complex skills are required, so criminals learn quickly, even without special education.
Keywords: cybercrime, method of committing a crime, criminal goals, qualification of a crime, phishing, hacking sites, cyber-sabotage, cyber espionage.
References
1. Daurov A. I. Factors influencing the state of combating cybercrime in the modern world // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 155-158.
2. Dementieva A. A. Cybercrime in the modern economy // In the collection: Ensuring the economic security of Russia in modern conditions. Collection of scientific works of the All-Russian scientific conference. – Moscow, 2022. – P. 203-208
3. Zavgorodnyaya E. V. Cybercrime in the modern economy // In the collection: Derzhavin Readings. Collection of articles of the XIV International Scientific and Practical Conference. Rep. editor O. I. Aleksandrova. – 2019. – P. 275-277.
4. Kartskhiya A. A., Makarenko G. I. Legal aspects of modern cybersecurity and counteracting cybercrime // Issues of cybersecurity. – 2023. – No. 1 (53). – P. 58-74.
5. Teuvazhukov A. Kh. Some problems of detecting and preventing crimes committed in cyberspace // Journal of Applied Research. – 2023. – No. 4. – P. 152-155.
6. Shvyryaev P. S. Cybercrime in Russia: a new challenge for society and the state // Public Administration. Electronic Bulletin. – 2021. – No. 89. – S. 184-196.
CRIMINAL LAW
CHUBUKOV Bogdan Alexandrovich
student of the Institute of Business Process Management of the Siberian Federal University, Krasnoyarsk
SOME PROBLEMS OF MISUSE OF COMPULSORY MEDICAL INSURANCE FUNDS (ARTICLE 285.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article deals with the issues of criminal law protection of the use of funds of the compulsory medical insurance system. The expenditure goals for each structural unit in the MHI system are presented. The article considers the subject matter of the crime in the expenditure of MHI funds. The author suggests changing the disposition of the analyzed norm of the criminal law in order to expand the subject matter of the crime.
Keywords: state extra-budgetary funds, misuse of funds, compulsory medical insurance.
References
1. Uporov I. V., Efrikyan R. A., Bushkov D. V., Kumykov A. A. Criminal liability for misappropriation of budget funds and problems of its legislative regulation. – Moscow: ANO “Research Institute of History, Economics and Law”, 2016. – 144 p.
2. Bimbinov A. A., Bozhenok S. A., Gracheva O. V. [et al.]. Criminal law of the Russian Federation. Special part: textbook. – Moscow: Prospect, 2020. – 688 p.
3. Solovyov O. G., Avdeev O. Yu. Characteristics of special features of the subject of misappropriation of state extra-budgetary funds (Article 285 2 of the Criminal Code of the Russian Federation) // Legal Science. – 2013. – No. 1. – P. 71-74.
4. Akhokhova A. V., Tkhabisimova I. K., Tidokova M. Z. [et al.] Legal basis for the use of budgetary funds for their intended purpose from the position of a private medical organization operating under a compulsory medical insurance contract // Modern problems of healthcare and medical statistics . – 2023. – No. 1. – P. 404-417.
CRIMINAL LAW
KHARISOV Artur Saitgareevich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TROFIMOV Vladimir Anatoljevich
lecturer of the Cynology Cycle of the Ufa School for the Training of Cynologists of the MIA of Russia, captain of police
INTRODUCING CRIMINAL RESPONSIBILITY FOR THE DESTRUCTION AND FOR THE ILLEGAL TRAFFICKING OF ESPECIALLY VALUABLE PLANTS AND MUSHROOMS INCLUDED IN THE RED BOOK OF THE RUSSIAN FEDERATION
The article analyzes the necessity and urgency of criminalizing the destruction and illegal trafficking of especially valuable plants and mushrooms listed in the Red Book of the Russian Federation. In order to form objective conclusions, the authors study the statistics of the application of the articles closest in composition to the Art. 258.1, 259, 260 of the Criminal Code of the Russian Federation, as well as cases of mass destruction of flora objects on the territory of Russia. As a result of the study, some structural changes are proposed to the Criminal Code of the Russian Federation.
Keywords: criminal liability; Red Book of the Russian Federation; environmental safety; national security; criminalization; flora; fauna.
References
1. Muldashev A. A., Galeeva A. Kh., Maslova N. V., Mirkin B. M. The Red Data Book of the Republic of Bashkortostan: the experience of forming a list of rare plant species // Bulletin of the Academy of Sciences of the Republic of Bashkortostan. – 2008. – T. 13. No. 3. – P. 8
2. Tonkov E. E., Turanin V. Yu. Ecological safety: concept, problems and prospects of legal support // Nomothetika: Philosophy. Sociology. Right. – 2015. – T. 31. No. 2 (199). – P. 122-125.
3. Yamshchikova N. V. The importance of environmental safety in the system of national security of the Russian Federation // National Priorities of Russia. – 2018. – No. 2 (29). – P. 67-70.
CRIMINAL LAW
YAMSHCHIKOVA Irina Sergeevna
adjunct of the Faculty of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
LIABILITY FOR CADASTRAL OFFENCES UNDER CIS LEGISLATION
Relatively recently, a norm appeared in Russian criminal law which provides for liability for knowingly entering false information into cadastral documents. This norm currently has a number of problematic aspects which hinder its active application in practice. In this regard, it is necessary to refer to the criminal legislation of the CIS countries and determine the approach of these states to the crimes in the sphere of cadastral relations. In the article the comparative legal analysis of the criminal legislation of the Commonwealth of Independent States countries in the field of protection of the state cadastral registration of immovable property and cadastral activity is carried out. The issues of qualification of crimes in the cadastral sphere are studied, as well as positive aspects of law enforcement practice in the countries under consideration are identified.
Keywords: cadastral activity, state cadastral registration, forgery, registration of illegal transactions, cadastral engineer.
References
1. Revin V.P., Revina V.V. Criminal liability for illegal transactions with land (the experience of regulation in the countries of the CIS and the European Union) // International cooperation of Eurasian states: politics, economics, law. – 2016. – No. 3. – P. 152.
2. Palaces V. E. Crimes in the field of cadastral activity under the criminal legislation of the CIS countries // Eurasian Law Journal. – 2016. – No. 7 (98). – P. 352.
3. Bartsits T. Z. On the issue of legislative regulation of land accounting in the Republic of Abkhazia // Agrarian and land law. – 2021. – No. 3 (195). – S. 152.
CRIMINAL LAW
BRUNKOVSKIY Nikita Nikolayevich
graduate of the Master’s degree program of the M. V. Lomonosov Moscow State University
THE PERIOD OF LIMITATION FOR CRIMINAL LIABILITY IN THE CASE OF DETENTION ON THE TERRITORY OF A FOREIGN STATE
This article is devoted the consideration of the issue of the possibility of renewal of statute of limitations period in relation to the person who has been announced in international search, at his detention in territory of the foreign state for the purpose of consideration of an extradition question. For this purpose, the author analyzes the jurisprudence of the Russian Federation, as well as of the European Court of Human Rights. The article concludes that upon a literal interpretation of p. 3 art. 78 of the Criminal Code of the Russian Federation, it is possible to resume the statute of limitations period if the person is apprehended on the territory of a foreign state.
Keywords: detention, international search, extradition, statute of limitations, custody, exemption from criminal liability.
References
1. Commentary on the Criminal Code of the Russian Federation (item-by-article) (9th edition, revised and supplemented) (edited by G. A. Yesakov) (“Prospect”, 2021) // SPS “Consultant Plus”.
2. Criminal law of Russia. General and Special Parts: Textbook” (responsible ed. Yu. V. Grachev, A. I. Chuchaev) (“CONTRACT”, 2017) // SPS “ConsultantPlus”.
CRIMINAL LAW
ASADULLAYEV Ulvi Famil ogly
doctoral student of the degree in “Criminal Law and Criminology, Penitentiary Law” of Criminal law and criminology sub-faculty of the Baku State University, Azerbaijan
CHARACTERISTICS OF THE SPECIAL SUBJECT OF THE CRIME “NON-EXECUTION OF JUDICIAL ACTS”
In this article, a special subject of this crime is singled out from the circle of subjects specified in Article 306 of the Criminal Code of the Republic of Azerbaijan, its signs: gender, age, marital status, social status, etc. are given. The damage caused to public relations as a result of the commission of this crime by a specific subject was brought to the fore. Regarding whether the subject of this crime is a general or a special subject, the opinions of various authors were given, their positions were analyzed.
Keywords: court verdict, court decision, ruling, court order, Criminal Code, punishment, etc.
References
1. The Constitution of the Republic of Azerbaijan.
2. Criminal Code of the Republic of Azerbaijan.
3. Law of the Republic of Azerbaijan “On the status of municipalities”.
4. Law of the Republic of Azerbaijan “On public service”.
5. Law of the Republic of Azerbaijan “On Enforcement Proceedings”.
6. Agaev I. B. Criminal structure: Textbook. Baku: Education, 2005. P. 496.
7. Babaeva S. M. Criminal law: general part: textbook. Baku: Science and education, 2018. P. 550.
8. Samandarov F. Yu. General part of criminal law. Textbook. Baku: Legal Literature, 2002, p. 734.
9. Bozhedarov V., Mikhlin A. Is article 188 of the Criminal Code of the RSFSR effective // Socialist legality. 1989. No. 5. P. 53-55.
10. Druzin A. I. Obstruction of the execution of a judicial act: monograph. Ulyanovsk: Ulyanovsk Press House, 2001. 184 p.
11. Pavlov VG The subject of the crime: monograph. St. Petersburg: Legal Center Press, 2001. 318 p.
12. Lobanova JI. B. Crimes against justice: theoretical problems of classification and legislative regulation. Volgograd: 1999. 268 p.
13. Lazarev A. M. The subject of the crime. M.: “BEK”, 1981. 268 p.
14. Timeiko GV The general doctrine of the objective side of the crime. Rostov: Publishing House of Rostov University, 1977. 216 p.
CRIMINAL LAW
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofya Dmitrievna
student of the 3rd 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
CATEGORIES OF CRIMES: CONCEPT, TYPES, MEANING
Throughout the development of society, there has always been such a social phenomenon as a crime. Crime is understood as a negative variant of deviant behavior of a person that violates the rules established by society. But not every violation of the rules can be called a crime, due to the significance of its adverse consequences. It is logical that all crimes have a different degree and nature of the public danger of the act. For this reason, the Criminal Code of the Russian Federation distinguishes categories of crime, which are divided into crimes of minor gravity, medium gravity, crime graves and crimes of special gravity.
Keywords: categories of crimes, crime, deviant behavior, public danger, especially grave crime, crime of average gravity.
References
1. Avakyan M. V. Features of the forensic characteristics of crimes associated with the intentional infliction of grievous bodily harm // Theory and practice of social development. – 2017. – No. 4. – P. 106-110.
2. Marshakova N. N. Classification in Russian criminal law (theoretical and applied analysis). – Nizhny Novgorod: Publishing House of the Institute of the FSB of Russia, 2009. – 208 p.
3. Komissarova V. S., Krylova N. E., Tyazhkova I. M. Criminal law of the Russian Federation. General part: textbook. – 2nd ed. – Moscow: Statute, 2014. – 880 p.
CRIMINAL LAW
STOLBIN Nikita Sergeevich
bachelor student of the Far Eastern Federal University
INTRODUCING CRIMINAL RESPONSIBILITY OF ATHLETES FOR THE USE OF PROHIBITED SUBSTANCES
Over the past few years, the world community, in particular the countries of the European Union and the United States, have introduced a culture of canceling Russian sports, which indicates the dependence of sports on politics. This also applies to doping scandals that have occurred with Russian athletes. In this case, the question arises: whose fault is it in the athletes committing anti-doping rules? Do athletes understand their responsibility for doping? Is it necessary to tighten sanctions against their own athletes? What are the prospects for the sports industry in Russia in the event of the introduction of criminal liability for athletes?
Keywords: sports, athletes, criminal liability, doping, anti-doping rules.
References
1. WADA World Anti-Doping Code of 2003 (as amended on 01/01/2021). – [Electronic resource]. – Access mode: https://www.wada-ama.org/sites/default/files/resources/files/2021_vsemirnyy_antidopingovyy_kodeks.pdf (accessed 23.06.2023).
2. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on June 24, 2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34661/0a95fbc5e4b475c527bf557d6a592c9d42249cd2/ (date of access: 06/23/2023).
3. “Criminal Code of the Russian Federation” No. 63-FZ dated June 13, 1996 (as amended on June 13, 2023) (as amended and supplemented, effective from June 24, 2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 06/24/2023).
4. Order of the Ministry of Sports of the Russian Federation “On approval of the list of other specialists in the field of physical culture and sports in the Russian Federation and the list of specialists in the field of physical culture and sports included in the sports teams of the Russian Federation” dated 10.19.2022 No. 838. – [Electronic resource ]. – Access mode: https://docs.cntd.ru/document/352252386?marker=6580IP (date of access: 06/27/2023).
5. Information taken from the resource: www.matchtv.ru: – [Electronic resource]. – Access mode: https://matchtv.ru/doping/matchtvnews_NI1217254_30_let_za_smert_sportsmena_dla_chetyreh_italjancev_Istorija_kotoraja_uzhasajet (date of access: 06/28/2023).
6. Khinevich K. I. Social consequences of the use by athletes of substances prohibited for use in sports // Internet journal Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialnye-posledstviya-upotrebleniya-sportsmenami-substantsiy-zapreschyonnyh-dlya-ispolzovaniya-v-sporte (date of access: 07/01/2023).
7. Mata SV Problems of qualification of crimes under Art. 230.1 and 230.2 of the Criminal Code of the Russian Federation // Internet Journal of Humanitarian, Socio-Economic and Societyscientific sciences. – 2020. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kvalifikatsii-prestupleniy-predusmotrennyh-st-230-1-i-230-2-uk-rf (date of access: 07/02/2023).
8. Resolution of the Sixth Court of Cassation of General Jurisdiction dated August 31, 2020 No. 16-5623/2020; Resolution of the Eighth Court of Cassation of General Jurisdiction dated August 27, 2020 No. 16-4911/2020.
9. Information taken from the resource: www.rusada.ru. – [Electronic resource]. – Access mode: https://rusada.ru/education/online-training/ (date of access: 07/03/2023).
10. Information taken from the resource: www.rusathletics.info. – [Electronic resource]. – Access mode: https://rusathletics.info/disk (date of access: 07/04/2023).
11. Zhmurin DV Peculiarities of prosecution of special subjects of crimes provided for by Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation // Internet Journal of UP. – 2020. – No. 3. https://cyberleninka.ru/article/n/osobennosti-privlecheniya-k-otvetstvennosti-spetsialnyh-subektov-prestupleniy-predusmotrennyh-statyami-230-1-i-230-2-uk-rf (date of access: 04.07.2023).
12. Krylova E. S. Issues of delimitation of criminal and administrative liability for violation of anti-doping rules // Internet journal Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (35). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-razgranicheniya-ugolovnoy-i-administrativnoy-otvetstvennosti-za-narushenie-antidopingovyh-pravil (date of access: 07/04/2023).
CRIMINAL PROCEDURE
KLINCHUK Svetlana Vasiljevna
Lecturer of Criminal process and forensic science sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
NIKOLAEVA Anastasia Pavlovna
cadet of the Crimean branch of the Krasnodar University of the MIA of Russia, junior lieutenant of police
PROCEDURAL PROCEDURE FOR ELIMINATING THE CAUSES AND CONDITIONS CONTRIBUTING TO THE COMMISSION OF MASS RIOTS
There is a special provision of the criminal law, according to which criminals are brought to criminal responsibility, namely Article 159.2 of the Criminal Code of the Russian Federation “Fraud in receiving payments”. The complexity of the investigation of such crimes lies in the fact that the person who carries out the preliminary investigation needs to be guided in the work of banks, credit organizations, to know the legislative framework, according to which various social benefits are accrued.< /p> Keywords: crime prevention, crime prevention, elimination of causes and conditions, public safety, mass riots, preventive work of the investigator, criminogenic causes.
References
1. Vedyashkin S. V. Formation and reform of the prevention of administrative offenses in Russia // Bulletin of the O. E. Kutafin University. – 2018. – No. 1. – P. 85-93.
2. Kabanov N. A. On the issue of improving the prevention and prevention of mass riots // Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. – 2019. – No. 2. – P. 67-73.
3. Khabibullin L. R. Prevention of riots // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2. – P. 240-243.
4. Chechenov A. M. Some issues of prevention of mass riots, clashes on interethnic or religious grounds // Theory and practice of social development. – 2016. – No. 5. – S. 209-211.
CRIMINAL PROCEDURE
RUBEKO Georgiy Leonidovich
Ph.D. in Law, Head of Criminal law and process sub-faculty of the Kalmyk State University
KATALAEVA Regina Olegovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
KORNILOV Mikhail Viktorovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
THE POWERS OF A LAWYER IN THE RUSSIAN CRIMINAL PROCESS: CURRENT STATE AND PROSPECTS OF DEVELOPMENT
The article deals with certain issues of the legal status of the defender in criminal proceedings. In particular, the background aspects of the lawyer’s participation as a defender in criminal proceedings are revealed. In addition, separate powers of a lawyer in criminal proceedings are being investigated. It is shown that the defense side has much less opportunities in presenting the evidence base in the materials of the criminal case. The relationship between such circumstances and the implementation of the principles of criminal procedure is shown. The article proposes to consider the possibility of expanding the powers of the defender in criminal proceedings. One of the possible ways to expand the powers of the defender is to give him the opportunity to conduct a so-called lawyer investigation.
Keywords: criminal proceedings, defense counsel, lawyer, lawyer investigation.
References
1. Davletov A. A. Lawyer investigation: myth or reality? // Judiciary and criminal process. – 2020. – № 1.
2. Dyablov A. V. Implementation of the principle of ensuring the right to protection in the powers of the defender to collect evidence // Izvestiya TulGU. Economic and legal sciences. – 2012. – №1-2.
3. Kalyuzhny A. N. Lawyer’s investigation in the criminal process: problems of legal structure and implementation practice // Advocate practice. – 2017. – № 1.
4. Konin VV Some problematic issues of competitiveness and equality in the criminal process // Gaps in Russian legislation. – 2008. – № 1.
5. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – № 4.
6. Melnikov V.Yu. Is it necessary to return to the issue of legal investigation? // Advocate practice. – 2015. – № 4.
7. Methodological tools for assessing threats to the economic security of a multi-ethnic region: monograph / Ed. prof. N. L. Kurepina. – Elista: Kalm Publishing House. university, 2020.
8. Pastukhov P.S. On equalizing the rights of the parties in collecting evidence in a criminal case // Legal Science and Law Enforcement Practice. – 2015. – No. 3 (33).
9. Rubeko G. L. The fight against corruption in Russia: historical aspects // Actual issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” in the Republic of Kalmykia, Department of the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
10. Rubeko G. L. Anti-corruption. – Elista: KalmGU Publishing House, 2017.
11. Solovyov A. A. Typology of the criminal process of the Russian Federation and its significance for the formation of a system of principles // Bulletin of the Tambov State University. – 2012. – № 1.
12. Shadrin V. S. Ensuring the rights of the individual in the investigation of crimes. – M.: Yurlitinform, 2000.
CRIMINAL PROCEDURE
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
GORKINA Elena Vladimirovna
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the St. Petersburg University of the MIA of Russia
INSTRUMENTAL LIE DETECTION AS A WAY OF ESTABLISHING THE TRUTH IN CRIMINAL PROCEEDINGS
The article discusses the issues of the emergence and application of a device that contributes, with a high probability, to the establishment of the truth. The Criminal Procedure Code of Russia provides a significant arsenal of procedural actions that help the investigator, the inquirer to achieve the truth and reliability of evidence during the investigation, which is a key party in the criminal proceedings. Currently, there is a significant problem of establishing the truth in a person’s words. This also applies to determining the admissibility and significance of evidence. The criminal procedure legislation does not stand still and requires development, which, among other things, consists in increasing the probability of an accurate answer to the questions of the preliminary investigation, during the investigative actions.
Keywords: lie detection, polygraph, lie, truth-finding, psychophysiological research.
References
1. Kholodny Yu. I. A brief history of the formation of the psychophysiological instrumental method of lie detection // World of Security. – 2000. – No. 3. – P. 67-70.
2. Vasyukov VF On the question of the evidentiary value of the conclusion of a psychophysiological examination using a polygraph in criminal proceedings // Bulletin of the Omsk University. Series “Right”. – 2015. – S. 179-183.
CRIMINAL PROCEDURE
TAZHUDINOV Ismail Yusupovich
magister student of the Dagestan State University
PROCEEDINGS IN THE COURT OF APPEALS
In the court of appeal in the Russian Federation, the proceedings are a procedure for reviewing the decisions of the court of first instance. This summary discusses the main steps in the process, including filingan appeal, preparing documentation, reviewing the appeal, and making a decision. The verification of compliance with procedural norms, the correctness of the application of law and the validity of the decision of the court of first instance is considered.
Keywords: court, appellate instance, Russian Federation, proceedings, appeal, consideration of the case, decision, verification, procedural rules, correct application of law, validity of the decision.
References
1. Kolokolov N. A., Sklyarenko M. V., Yartsev R. V. Judicial activity. Appeal, cassation, supervision: analysis of examples from the latest judicial practice: monograph / Ed. on the n. A. Kolokolova. M.: Yurlitinform, 2021. 342 p.
2. Korshunov Yu. A. The Institute of Courts of Appeal in Russia and Foreign Experience of the Courts of Appeal // Issues of Russian and International Law. 2019. Volume 9. No. 2A. pp. 244-254.
3. Kuramshin A. V., Tarasov A. A. Appointment and preparation of the session of the court of appeal // Economy and society. 2019. No. 1-2 (56). pp. 351-356
4. Linichenko V. I. To the question of the history of the development of the appeal proceedings // Young scientist. 2021. No. 21 (363). pp. 224-227.
5. Potapov A. A. Proceedings in the court of appeal at the present stage. – Text: direct // Young scientist. 2021. No. 50 (392). pp. 313-316.
6. Revenskaya N. S. Lawfulness and justice of the sentence of the court of first instance // Bulletin of the Magistracy. 2019. No. 9-1. pp. 99-100.
7. Rukavishnikova A. A. Possible prospects for the development of a system of appeals and verification of court decisions in the criminal process in the implementation of the draft federal constitutional law “on amendments to federal constitutional laws in connection with the creation of cassation courts of general jurisdiction and appellate courts of general jurisdiction” // Criminal justice. 2018 No. 11.Pp. 103-107.
CRIMINAL PROCEDURE
BURZAEV Sanan Alexandrovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
KUKAEV Sergey Khongorovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
KUGULTINOV Naran Badmaevich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
THE STAGE OF INITIATION OF A CRIMINAL CASE: CERTAIN ASPECTS OF LEGAL REGULATION
The article examines certain issues of legal regulation of the stage of initiation of a criminal case. The features of the appearance of this stage are shown. The activities that are carried out within the framework of the criminal case initiation stage are being investigated. The problems associated with their implementation have been identified. Their differences from operational search measures are indicated. The issues of interaction of investigative bodies with persons engaged in operational investigative activities have been identified. The prospects of legal regulation of this stage are shown.
Keywords: pre-trial stages of criminal proceedings, investigator, criminal case, initiation of criminal proceedings.
References
1. Gushchin A. N. Use of the results of operational-search activity at the stage of initiating a criminal case and in proving in criminal cases // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – № 4.
2. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – № 4.
3. Lazareva T.V. Stage of initiation of a criminal case: comparative analysis // Bulletin of the Magistracy. – 2018. – № 8.
4. Methodological tools for assessing threats to the economic security of a multi-ethnic region: monograph / Ed. prof. N. L. Kurepina. – Elista: Kalm Publishing House. university, 2020.
5. Rossinsky S. B. The system of pre-trial proceedings in the criminal process of the Russian Federation: formation factors // Bulletin of St. Petersburg State University. Episode 14 – 2021. – № 3.
6. Rubeko G. L. Fighting corruption in Russia: historical aspects // Topical issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” in the Republic of Kalmykia, Department of Ministriesand the justice of Russia in the Republic of Kalmykia. – Elista, 2017.
7. Rubeko G. L. Investment activity in the Republic of Kalmykia: problems of legal regulation // Bulletin of the Kalmyk University. – 2013. – No. 4 (20).
8. Rubeko G. L. Anti-corruption. – Elista: KalmGU Publishing House, 2017.
9. Tatarov L. A. On the stages of the criminal process in the Russian Federation // Law and Law. – 2019. – No. 11. – P. 105.
CRIMINAL PROCEDURE
GILDZIROVA Altana Gennadievna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
MUKAEVA Delgira Naranovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
TERMINATION OF THE CRIMINAL CASE AT THE STAGE OF INQUIRY
This article is dedicated to the procedure for the termination of criminal prosecution at the stage of inquiry. The publication conducts a study of the criminal procedural rules governing these relations. In particular, the history of the termination of the criminal case is considered. The relations arising at the termination of a criminal case at various stages are analyzed. The classification of grounds for termination of a criminal case is given. It shows which authorities have the right to terminate a criminal case. Based on the points of view of other jurists, the author makes suggestions for improving these norms.
Keywords: criminal prosecution, termination, pre-trial stages, inquiry, suspect, accused, resolution.
References
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of April 26, 2007 No. 14 // Bulletin of the Supreme Court of the Russian Federation. – 2007. – No. 7; Review of judicial practice of termination of criminal cases by military courts in connection with reconciliation with the victim and active repentance of June 1, 2005, etc.
2. Derishev Yu. V., Naumov K. A. Refusal of an allergy of an unidentified person due to the expiration of the statute of limitations // Altai Legal Bulletin. – 2017. – No. 4 (20). – P. 112-115.
3. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – № 4.
4. Kuryakhov D. V., Kuryakhova T. V. Problematic issues about the refusal of the exception to determine the statute of limitations // Legislation and practice. – 2016. – № 2. – P. 53-56.
5. Lobanova S. I. To the question of the meaning and essence of the termination of a criminal case and criminal prosecution in Russian criminal proceedings // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (73). – P. 88.
6. Maryina E. V. Lack of objection as a condition for refusal to initiate a criminal case due to the expiration of the statute of limitations // Criminal Justice. 2022. – No. 20. – P. 20.
7. Methodological tools for assessing threats to the economic security of a multi-ethnic region / Ed. prof. N. L. Kurepina. – Elista: Kalm Publishing House. university, 2020.
CRIMINAL-EXECUTIVE 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 SOME RESULTS OF AN EXPERT SURVEY OF PRACTICAL WORKERS IN CORRECTIONAL INSTITUTIONS ON THE EVALUATION OF THE EFFECTIVENESS OF THE INSTITUTION OF PAROLE
This article is one of a series of articles that presents the results of an expert survey of employees of correctional institutions of the penitentiary system of the Russian Federation, conducted in 2016-2017 as part of the research work on improving the efficiency of the institution of password. The study allowed the team of authors to formulate evidence-based proposals for criminal and penitentiary legislation aimed at improving the institute of parole from punishment.
Keywords: conditional early release from punishment, expert survey of employees of correctional institutions of the penitentiary system, analysis of statistical data, Federal Penitentiary Service of Russia.
References
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: 06/30/2023).
2.Statistical reporting of the Federal Penitentiary Service of Russia “Information on the number, movement and composition of persons held in places of deprivation of liberty” for 2020-2022 [Electronic resource] ‒ Access from the automated information system “Statistics of the penal system” (date of access: 28.06.2023).
3. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. N. Improving the institution of parole of convicts sentenced to imprisonment. Analytical reference. – M.: FKU NII FSIN of Russia, 2017. – 22 p.
CRIMINAL-EXECUTIVE LAW
KUZNETSOV Mikhail Ivanovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Legal psychology and pedagogy sub-faculty of the Academy of the FPS of Russia
GRYAZNOV Sergey Alexandrovich
Ph.D. in pedagogical sciences, associate Professor, Dean of the Faculty of Extra-budgetary Training of the Samara Law Institute of the FPS of Russia
OPEN CHARACTERIZATION IN THE CERTIFICATION OF CONVICTS: THE EXPERIENCE OF CORRECTIONAL LABOR INSTITUTIONS OF THE ROSTOV REGION
The article describes the experience of organizing the certification of convicts using an open, that is, available for comparison characteristics. The analyzed practice was successfully applied in correctional labor institutions of the Rostov region in the second half of the 80s of the last century. The proposals on the possibility of applying the considered experience to the modern practice of the penitentiary institutions of our state are formulated.
Keywords: certification of convicts, open characteristics, correctional labor institutions.
References
1. The concept of development of the penitentiary system of the Russian Federation for the period up to 2030: approved. thrust. Government of Ros. Federation dated April 29, 2021 No. 1138-r. [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
2. Methodological recommendations for the effective organization of educational work with convicts in correctional institutions of the territorial bodies of the Federal Penitentiary Service of Russia: letter of the Federal Penitentiary Service of Russia No. 02-11843 dated February 28, 2017. The document has not been published.
3. Metlin D. G. The problem of legal regulation of attestation of convicts as an element of the correctional process of execution of deprivation of liberty // Professional legal education and science. – 2023. – No. 1 (9). – S. 70-73.
4. Aleinikov V. Reaching everyone, working with everyone // Education and the rule of law. – 1987. – № 1. – S. 32-35.
5. Educational work with convicts: a textbook. Under scientific ed. T. V. Kirillova. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2021.
6. Pedagogy and political and educational work with convicts: a textbook. Under scientific ed. Yu. V. Gerbeeva. – Ryazan: Ryazan Higher School of the Ministry of Internal Affairs of the USSR, 1985.
7. Metlin D. G. Amateur organizations of convicts in correctional institutions of the penitentiary system: historical and organizational analysis // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (84). – P. 163-171.
CRIMINAL-EXECUTIVE LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
GORSHKOVA Natalya Andreevna
Ph.D. in Law, Deputy Head of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia, lieutenant colonel of internal service
CAUSES AND CONDITIONS OF OCCURRENCE AND MANIFESTATION OF SOCIAL DEVIATIONS IN PERSONS SENTENCED TO IMPRISONMENT
The article is devoted to a comprehensive analysis of cultural and moral, socio-psychological, organizational and managerial, socio-economic and legal causes of the emergence and manifestation of social deviations in persons sentenced to imprisonment. In addition, the internal and external conditions that most create a potentially criminogenic environment for the deviant behavior of convicts are being investigated.
Keywords: social deviations; criminality; persons sentenced to imprisonment; determinants; causes and conditions.
Reference list
1. Barnyshevsky O. S. Causes and conditions for committing crimes in places of deprivation of liberty // Future of Science – 2019: collection of scientific articles of the 7th International Youth Scientific Conference, Kursk, April 25–26, 2019. – Kursk: Southwestern State University, 2019. – P. 32-35.
2. Criminology (Special part): a textbook forBachelor’s and Specialist / Under the general. ed. A. E. Mikhailova, A. V. Kudryavtseva. – Vladimir: Vladimir branch of the RANEPA, 2021. – 237 p.
3. Criminology: a textbook for bachelor’s and specialist’s degrees / Ed. ed. A. V. Kudryavtseva and A. E. Mikhailov. – Vladimir: Vladimir branch of the RANEPA, 2020. – 220 p.
4. Loseva S. N. The main determinants of crime in places of deprivation of liberty // Journal of Law. – 2018. – No. 10. – P. 64-67.
5. Mayorova S. E. The causes of crime in correctional institutions at the present stage // Law, economics and management: from theory to practice: Collection of materials of the All-Russian scientific and practical conference with international participation, Cheboksary, May 21, 2020 / Ch. editor G. N. Petrov. – Cheboksary: Limited Liability Company “Publishing House “Sreda”, 2020. – P. 177-179.
6. Maystrenko G. A. Causes and conditions of recidivism / G. A. Maistrenko // Russian investigator. – 2018. – No. 9. – P. 61–64.
7. Neverov V. I., Toporov S. S. Proposals for improving the social security of an employee of the penal system // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia. Volume Issue 9. Part 2. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2021. – P. 160–163.
8. Nuzhdin A. A. Crime of convicts in places of deprivation of liberty: theoretical aspect // Law and law. – 2020. – No. 1. – P. 91-94.
9. Orlova Yu. R. The main causes and conditions that contribute to the commission of crimes by minors in educational colonies // Penitentiary system: law, economics, management. – 2015. – No. 3. – P. 26-30.
10. Rastoropov S. V., Ponkratov V. A., Pikin I. V., Gorshkova N. A. Penitentiary criminology: textbook / Ed. Dr. legal sciences, prof. S. V. Rastoropova. – Moscow: INFRA-M, 2023. – 193 p.
11. The state and trends of crime in the Russian Federation: Criminological and criminal law reference book / Ed. ed. A. Ya. Sukhareva, S. I. Girko. – Moscow: Exam, 2007. – 383 p.
12. Sochivko V. D. Broken world. Experience in the analysis of human psychodynamics in extreme conditions of life. – Moscow: Per Se. 2002. – 303 p.
13. Tarakanov I. A. Banned in Russia, the international public movement “Prisoner Criminal Unity”: new or well-forgotten old? // Penitentiary law: legal theory and law enforcement practice. – 2022. – No. 4 (34). – S. 92-98.
14. Filippova O. V. Determinants of crime in places of deprivation of liberty // Social and humanitarian sciences. Jurisprudence: Proceedings of the National Scientific and Practical Conference, Ulan-Ude, April 13-17, 2020. – Ulan-Ude: East Siberian State University of Technology and Management, 2020. – P. 33-39.
15. Shipuk S. N. Causes and conditions of crime in places of deprivation of liberty and ways to eliminate them // Tambov legal readings named after F. N. Plevako: materials of the International Scientific Conference, Tambov, May 18–21, 2017. – Tambov: Print Service Limited Liability Company, 2017. – P. 318-324.
CRIMINAL-EXECUTIVE LAW
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Management and information technology support of the activities of the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
DEVELOPMENT OF THE PROJECT MANAGEMENT MECHANISM IN THE PENITENTIARY SYSTEM
The article analyzes the concepts of “project management” and “project management”, which have similar characteristics in terms of a predictable result of the performance of activities, however, the concept of “project management”, in addition to tools, contains consistent strategic planning in solving problematic tasks, highlighting deeper goals and focusing on the use of leading technologies.
The formation of the concept of “project management” in state bodies, which include the penal enforcement system, includes the implementation of projects through the implementation of activities in the process of implementing state targeted programs that reflect the stages of development, financing, implementation and completion of the project.
A single condition in the project management of the implementation of solutions to the problems of both public and private and public organizations is the limited resources and time of the project.
Keywords: project management, project management, state bodies, correctional institutions, penitentiary, system, target program, state projects.
References
1. Gray K. F., Larson E. W. Project Management: A Practical Guide // Translated from English. – M.: Publishing house “Delo i Service”, 2003. – 528 p.
2. Diethelm G. Project management. – St. Petersburg: PublishingHouse “Business Press”, 2004. – 400 p.
3. Kravets E. O., Vertil N. N. Definition of the concepts of “project management” and “project management” // Bulletin of the Institute of Economic Research. – 2021. – No. 3 (23). – S. 105-110. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/definitsiya-ponyatiy-upravlenie-proektami-i-proektnoe-upravlenie (date of access: 06/05/2023).
4. Leonov A. V. Organization of project management in public authorities // Young scientist. – 2022. – No. 14 (409). – S. 101-104. [Electronic resource]. – Access mode: https://moluch.ru/archive/409/90028/ (date of access: 06/05/2023).
5. Mazur I. I., Shapiro V. D., Olderogge N. G. Project management. – M.: Omega-L, 2007. – 664 p.
6. Tovb A. S., Tsipes G. L. Project management: standards, methods, experience. – M.: CJSC “Olimp-Business”, 2003. – 240 p.
7. Project management to create an Internet site [Text] / Ed. A. Kovalev; scientific ed. I. Kurdyumov. – Moscow: Albina publisher, 2001. – 337 p.
8. Utkin V. A., Kiselev M. V., Savushkin S. M. “Hybrid” and “Multi-mode” penitentiary institutions: advantages and risks // Vestn. Volume. state university Right. – 2018. – No. 29. – S. 103-113. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gibridnye-i-multirezhimnye-penitentsiarnye-uchrezhdeniya-preimuschestva-i-riski (Date of access: 06/05/2023).
9. Oberlender G. D. Project management for engineering and construction. 2nd ed. – NewYork: McGrawHill, 2011. – 368 p.
CRIMINALISTICS
DALELOV Mukhadin Leonovich
Head of the Forensic Center of the MIA of the Kabardino-Balkar Republic, colonel of police
THE IMPORTANCE OF FORENSIC PHOTOGRAPHY AND VIDEO RECORDING IN THE PRODUCTION OF INVESTIGATIVE ACTIONS
The purpose of this study was to study the possibilities of using forensic photography and forensic video recording in criminal proceedings. Currently, the investigation of crimes is impossible without the use of special technical means. These means of fixation provide ample opportunities for a more effective organization of the process of investigating a criminal case and its judicial proceedings. The use of this forensic technique provides an opportunity to obtain reliable evidence in the case, which has special informativeness, objectivity and accuracy.
The relevance of the study of the problem of the use of means of photo and video recording in the investigation of crimes is dictated by the fact that the use of means of photo and video recording has its own distinctive features, which should be borne in mind by all employees of the internal affairs bodies using them in their daily activities and especially in the investigation of crimes, when any admissible evidence in the future may be relevant in criminal proceedings.
The main purpose of forensic photography and video recording is to create objects that are important for the detection of crimes. The object of the photograph, which does not matter during the photo-fixation, can later become evidence in the case and the photos will allow to keep its original state unchanged.
In accordance with modern regulatory legal acts that guide all criminal proceedings, when recording all stages and the result of investigative actions, as well as operational investigative activities, it is necessary to draw up protocols and other documentation. Here there is often a problem associated with the inability to accurately establish and reflect in the protocol all the smallest details, which in the future may have a great impact on the investigation.
Keywords: photography, video recording, evidence, expert, specialist, criminal proceedings.
References
1. Volkov D. A., Lantukh E. V., Laur A. V., Romanova O. L. Forensic technology // Educational and methodological manual. – St. Petersburg, 2021.
2. Gusev A. V. Forensic technology as an area of special forensic knowledge of criminal justice // Society and Law. – 2010. – No. 1. – P. 213-217.
3. Dementieva V. O. The use of photo and video recording for solving crimes // In the collection: State and society: topical issues of interaction. materials of the II All-Russian scientific and practical conference dedicated to the 50th anniversary of the All-Russian State University of Justice. Kazan Institute (branch) VGUYu (RPA of the Ministry of Justice of Russia). – 2020. – P. 141-144.
4. Deryugin R. A., Faishanov I. F. On the issue of forensic research of video recording in the context of the development of digital forensics // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 56-61.
5. Eremchenko V. I. Forensic methods of investigation of certain types of crimes: textbook. allowance. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2020.– 86 p.
6. Eremchenko V. I. Spherical video recording as a promising direction in the development of forensic video recording // Society and Law. – 2020. – No. 3. – P. 59-63.
7. Igumnova A. S. Brief history and current level of development of forensic photography in Russia // In the collection: Evolution of Russian law. Materials of the XVII International scientific conference of young scientists and students. Ural State Law University. – 2019. – P. 85-88.
8. Kalyuzhny A. N. Criminal law, forensic and other bases for systematizing forensic methods of investigating crimes. // Modern criminal procedure law – the lessons of history and problems of further reform. – 2020. – No. 1. – P. 274-280.
9. Minaydarov S. M. Technical and forensic tools and forensic records used in the course of pre-trial investigation // Bulletin of the Barnaul Law Institute. – 2019. – No. 2. – P. 12-14.
10. Nester I. S., Zharkevich I. L. Forensic imprinting photography as a field of special knowledge // Forensic examination of Belarus. – 2023. – No. 1 (16). – P. 35-39.
11. Pastukhov P. S. Forensic investigation of electronic media as a new branch of technical and forensic activity. // Perm legal almanac. – 2021. – No. 4. – P. 622-639.
12. Shkurikhina N. V., Mikhaleva D. A. Fundamentals of criminalistics: textbook and practice. allowance. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2019. – 124 p. – [Electronic resource]. – Access mode: Electronic Library of the KRU of the Ministry of Internal Affairs of Russia, authorization required: http://libkrumvd.ru.
13. Shkhagapsoev Z. L., Berova D. M., Gauzhaeva V. A. Workshop on the basics of forensic technology: study guide. allowance. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2019. – 126 p.
CRIMINALISTICS
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
BARYSHNIKOV Andrey Valerjevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
YAKOVLEV Ivan Matveevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE RIGHT OF A PERSON TO DEMAND FROM THE BODY CARRYING OUT OPERATIONAL INVESTIGATIVE ACTIVITIES INFORMATION ABOUT THE INFORMATION RECEIVED ABOUT HIM: LIMITS AND GROUNDS
In the article, the authors consider the legal and practical aspects of situations when, as a result of verification operational search measures carried out against a person, his involvement in the commission of a crime has not been established, but he became aware of it and he decided to use his right to provide information about the information received in relation to him. Based on the analysis of practical situations and provisions of the legislation, a conclusion is made about the limits of providing the requested information in the designated situations. The correlation of the provisions of the law on state secrets and the law on operational search activities in terms of the rights of citizens to familiarize themselves with the results of operational search activities is carried out.
Keywords: operational investigative activities, human and civil rights, covert operational investigative measures, state secrets.
References
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020 // SPS “ConsultantPlus” (date of access: 04/29/2023).
2. Federal Law of August 12, 1995 No. 144-FZ “On operational-search activity” (as amended of December 29, 2022 No. 638-FZ) // Rossiyskaya Gazeta. August 18, 1995.
3. Law of the Russian Federation “On State Secrets” dated 21.07.1993 No. 5485-1 // SPS “ConsultantPlus” (date of access: 29.04.2023).
CRIMINALISTICS
MIKHAYLOV Nikolay Viktorovich
senior lecturer of Personnel support and personnel management in the internal affairs bodies sub-faculty of the Center for personnel, psychological, pedagogical and medical support of the activities of the internal affairs bodies of the VIPK of the MIA of Russia
DIDORENKO Nikolay Nikolaevich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE ISSUE OF CLASSIFICATION OF OPERATIONAL SEARCH ACTIVITIES
In the article, the authors consider variousvariants of the classification of operational investigative measures, allowing to delve deeper into the meaning of these verification measures and better assimilate the features of their preparation and conduct from the point of view of operational units. The authors also propose their own version of grouping operational search activities into documenting and incriminating ones, which has not yet been widely reflected either in textbooks on the training of employees of operational units or in scientific research in this area.
Keywords: operational-search activities, operational-search activities, classification of operational-search activities, documentation of criminal activity, incriminating operational-search activities.
References
1. 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.
2. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020 // SPS “ConsultantPlus” (date of access: 05/29/2023).
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
ON SOME FEATURES OF THE INVESTIGATION OF CRIMES UNDER ARTICLE 186 OF THE Criminal Code of the Russian Federation
The article examines the features of the investigation of crimes under Art. 186 of the Criminal Code of the Russian Federation. Attention is drawn to the production of an investigative inspection of counterfeit banknotes and securities, computer equipment, etc., interrogations of persons involved in the commission of crimes, the appointment and production of forensic examinations. Crimes in the field of illegal circulation of securities have a high degree of public danger, since they negatively affect the economic sphere. The number of securities is constantly increasing, despite the fact that the Russian securities market is smaller in comparison with a number of other countries. This economic instrument of the financial market is becoming increasingly important, so any criminal encroachment on this area undermines the financial stability of the state. Such crimes include the acts specified in Art. 186 of the Criminal Code of the Russian Federation.
Keywords: counterfeit banknote, security, investigative examination, interrogation, appointment and production of examinations, computer equipment.
References
1. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/14/s/17 (Accessed 10.04.2023).
2. Data on counterfeit banknotes detected in the Russian banking system. [Electronic resource]. – Access mode: https://cbr.ru/statistics/cash_circulation/den_zn/1q_2023/ (accessed 06/16/2023)/
3. Pozdyshev R. S., Dolgacheva O. I., Saakyan A. G., Cherkunova T. V. Features of the investigation of crimes related to the sale of counterfeit banknotes through Internet resources. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2021. – 68 p.
4. Asatryan Kh. A. Problems arising during the investigation of cases of counterfeiting and ways to overcome them // Siberian Criminal Procedure and Forensic Readings. – 2008. – No. 1. – P. 135-141.
CRIMINALISTICS
DALELOV Mukhadin Leonovich
Head of the Forensic Center of the MIA of the Kabardino-Balkar Republic, colonel of police
DIGITAL TRANSFORMATION OF FORENSICS
The purpose of this study is to study the problematic issues of the transition of forensic research into the digital space. As soon as criminals learned to use electronic devices, digital information for their illegal purposes, digital technologies immediately became the subject of forensic research. It is important to accurately understand the type and specifics of the information to be considered. This ensures a unified approach, reduces the possible number of mistakes made by law enforcement officers when assessing and investigating a crime. It is also important that law enforcement officers know how to properly handle electronic devices, properly seize and store them, and use the information they carry. It is established that “electronic” and “digital” information have a whole set of characteristics that allow us to determine what it is, revealing the specifics of these concepts. These include not only the method of use, but also the transmission and storage of information, the “language” of the record. The combination of these properties becomes the optimal solution for the application of this concept by law enforcement agencies in practice. The existence of information is also possible on those media that are recorded according to the principles of physics, they include optical, magnetic. But the peculiarity of such information is that people can transmit it to each other only by using these special carriers. It is concluded that digital (electronic) information is defined as data recorded in any way that can be transmitted exclusively using special devices. The transmission of such information is possible by means of a digital code, electromagnetic waves. It can be processed manually or automatically with the help of special technical means and programs. Information can be transmitted between devices both in full and in part, distributed between them.
Keywords: criminalistics, digital technologies, crimes in cyberspace, digital information, electronic information, machine information.
References
1. Andreev A. S. Criminalistics in the context of digital technology development // Intellectual resources for regional development. – 2020. – No. 2. – P. 456-461.
2. Brusentseva V. A. Modern approaches and prospects for the use of digital technologies in forensics // In the collection: Digital transformations in the development of the economy and society. materials of the XV International Scientific and Practical Conference. – Voronezh, 2021. – P. 439-443.
3. Dyablova Yu. L. Digital forensics – the future of science or the trend of modernity? // Proceedings of the Tula State University. Economic and legal sciences. – 2021. – No. 1. – P. 85-93.
4. Smushkin A. B. Digital transformation of criminalistics. Part I (digital transformation of the general theory of forensic science and forensic technology) // Bulletin of the Saratov State Law Academy. – 2022. – No. 6 (149). – P. 250-256.
5. Smushkin A. B. Digital transformation of criminalistics. Part 2 (digital transformation of the organization of crime investigation, forensic tactics and methods of investigating certain types of crimes) // Bulletin of the Saratov State Law Academy. – 2023. – No. 2 (151). – P. 272-278.
6. Smushkin A. B. Digital transformation of the investigation process as an objective reality // Bulletin of St. Petersburg University. Right. – 2023. – T. 14. No. 1. – P. 90-107.
7. The use of artificial intelligence in detecting, solving, investigating crimes and considering criminal cases in court / Ed. S. V. Zueva, D. V. Bakhteeva. – M.: Yurlitinform, 2022. – 216 p.
8. Kustov A. M. “Digital forensics” or “digital technologies in forensics” // Modern technologies and approaches in legal science and education: materials of the International scientific and practical conference (Kaliningrad, August 27-31, 2020). – Kaliningrad, 2021. – P. 173-181.
CRIMINALISTICS
ZADOROZHNY Artem Anatoljevich
competitor of Criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
SOME ASPECTS OF “FORENSIC EXPLOSIVES”
The article examines the essence of some definitions of “Forensic explosives” and their scientific validity. The author analyzes the general and special signs of an explosive device. Provides arguments for distinguishing an explosive device from an explosive system. At the same time, the attribution of radio-controlled devices to the corresponding systems is justified.
Keywords: explosives, explosive device, radio-controlled explosive device, remote-controlled explosive device
Reference list
1. Landyshev, N. P. Investigation of murders committed with the use of explosives. Moscow, 1975. 77 p.
2. Tsvetkov, V.N. Moscow, 1983. 24 p.
3. Motorny I. D. Forensic explosives: a new doctrine in forensic science: teaching aid: M.: IP I. I. Shumilova, 2000. 176 p.
4. Belyakov A. A. Forensic explosives. Moscow, 2019. 242 p.
5. Shogenov T. K. Modern mobile means of suppressing radio links of explosion control: state and new reality // International Journal of Applied and Fundamental Research. 2016. No. 9-3. pp. 338-342.
6. Explanatory Dictionary of Ozhegov. [Electronic resource]. – Access mode: https://slovarozhegova.ru/. (accessed 05/27/2023).
CRIMINOLOGY
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervisionfor observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
SPECIAL CRIMINOLOGICAL MEASURES TO PREVENT CONVICTED PERSONS FROM COMMITTING CRIMES AGAINST LIFE AND HEALTH IN CORRECTIONAL INSTITUTIONS
The article analyzed special criminological measures to prevent convicts from committing crimes against life and health in correctional institutions. The conclusion is formulated that the effectiveness of special criminological measures depends on the implementation of the entire set of appropriate organizational, managerial and other measures aimed at ensuring penitentiary safety and protecting life and health. In order to normatively consolidate the possibility of using effective methods of psychological influence on convicts, it was proposed to amend paragraph 2 of Art. 110 PEC RF.
Keywords: prevention measures, penitentiary crime, causes and conditions, psychological impact.
References
1. Kulakova A. A. Victimological aspect of penitentiary crime and its prevention: in relation to employees of the penitentiary system: dis. … cand. legal Sciences. – Vladimir, 2007. – 184 p.
2. Polyakova V. O., Osokin R. B. Achieving the results of corrective action in the execution of deprivation of liberty in relation to female convicts: specifics, main problems and ways to solve them // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 130-135.
3. Antonyan E. A., Brilliantov A. V., Grishko A. Ya., Zhuravlev M. P. et al. Russian penal law: textbook: in 2 volumes / Ed. V. E. Eminova, V. N. Orlova. T. 2: Special part. – M., 2011. – 792 p.
4. Sergeev M.P. The personality of convicts (psychodiagnostics and psychoprophylaxis, educational work) // Bulletin of the Chuvash University. – 2010. – № 2. – P. 133‒140.
5. Khokhrin S. A. Prevention of penitentiary crime in the conditions of reforming the penitentiary system // Penitentiary system: law, economics, management. – 2014. – No. 6. – P. 7‒10.
6. Shostakovich B.V. Criminogenicity in mental disorders and problems of preventing dangerous actions // Russian Psychiatric Journal. – 2006. – No. 2. – S. 15-18.
CRIMINOLOGY
ULYANOVA Alevtina Alexandrovna
senior lecturer of General and special legal disciplines sub-faculty of the Pacific State University
CRIMINOGENIC FACTORS OF THE CULTURAL SPHERE AND THE BASIS OF LEGAL REGULATION
Regulation of the cultural sphere is very important in any economic and political environment. Culture and all its constituent elements that are in contact with crime can act as causes, conditions of crime, criminogenic and anti-criminogenic factors. However, the process of influencing the culture of society in order to prevent the growth of crime is a rather complicated process. This article analyzes the criminogenic factors of the cultural sphere and the foundations of domestic regulation of cultural processes.
Keywords: culture, cultural policy, traditional spiritual and moral values, cultural and historical values, criminogenic factors, national priorities, national security, state regulation.
References
1. Danilov A.P. Art as an instrument of crime // Criminology: yesterday, today, tomorrow. – 2017. – No. 3 (46). – P. 59-67.
2. Gribanov E. V. Criminological characteristics of culture // Society and law. – 2009. – No. 1(23)
LITIGATION
PETROSJYAN Dmitriy Vladimirovich
postgraduate student of the F. F. Ushakov Maritime State University
THE ACTIVE ROLE OF THE COURT IN ADMINISTRATIVE PROCEEDINGS
Administrative legal proceedings are an independent procedural form. In support of this statement, it is necessary to cite provisions on the qualitative features of administrative proceedings that distinguish it from other forms of the process. These features are set at the level of principles and are important. Most of the principles of administrative proceedings have an intersectoral nature and also apply to civil procedure. Within the framework of this article, an attempt is made to consider and study the main differences between the administrative form and the arbitration and civil form. The authors analyze the provisions of the Code of Administrative Procedure of the Russian Federation. The conclusion substantiates the need to amend Article 6 of the Code of Administrative Procedure of the Russian Federation andto consolidate the principle of the active role of the court as a fundamental provision of administrative proceedings.
Keywords: principles, administrative proceedings, public law disputes, the active role of the court, the current legislation.
References
1. Ilyin A. V. To the question of the principle of justice in administrative proceedings // Law. – 2019. – No. 1. – P. 95-101.
2. Orlov A. V. The active role of the court in administrative proceedings // Russian judge. – 2016. – No. 8. – P. 12-15.
3. Sarkisyan VG To the question of the concept and signs of forensic examination in the civil process // Law and state: theory and practice. – 2022. – No. 9 (213). – P. 215-216.
4. Sarkisyan V. G. Some problems of the institution of representation in administrative proceedings // Legal science in the XXI century: current problems and prospects for their solutions: Collection of scientific articles on the results of the seventh round table with All-Russian and international participation, Shakhty, July 30–31 2020. – Mines: Limited Liability Company “KOVERT”, 2020. – P. 96-98.
5. Resin A. A. Standards, evidence and the Supreme Court // Bulletin of economic justice of the Russian Federation. – 2018. – No. 8. – S. 129-165.
LITIGATION
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University
THE CONCEPT, MEANING AND DIFFERENCES OF ALTERNATIVE DISPUTE RESOLUTION FROM LEGAL PROCEEDINGS AND ITS PLACE IN THE LEGAL SYSTEM
The article discusses alternative dispute resolution methods that are rapidly gaining popularity in our country. This is due to the fact that when considering certain categories of cases, judicial proceedings are not always effective, which may consist in the congestion of the courts, the duration of the trial, etc. The aim of the authors is to distinguish between judicial proceedings and alternative procedures to the state court, as well as to clarify the advantages and disadvantages of alternative dispute resolution methods. The authors address the following issues: is there a difference between the concepts of conflict and dispute; the problem of choosing a suitable way to resolve the conflict; what are the advantages and disadvantages when using alternative dispute resolution methods.
Keywords: alternative dispute resolution, jurisdiction, non-judicial bodies, procedures, conflict, dispute, alternative jurisdiction.
References
1. Argunov V. V., Borisova E. A., Bocharova N. S. Civil process: Textbook / Ed. M. K. Treushnikova. – 5th ed., revised. and additional – M.: Statute, 2014. – 960 p. ISBN 978-5-8354-0950-1, 2000 copies. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/445615 (date of access: 04/04/2023).
2. Kovaleva E. A., Zhivov T. A. Mediation and court: correlation of judicial protection of rights and their implementation in the mediation procedure // Scientific search. – 2015. – No. 1.5. – S. 60-63. – EDN TUFSBL.
3. M. Yu. Lebedev [et al.] Civil process: textbook and workshop for universities / Edited by M. Yu. Lebedev. – 7th ed., revised. and additional – M .: Yurayt Publishing House, 2023. – 440 p. – (Higher education). – ISBN 978-5-534-15966-0. — Text: electronic // Educational platform Urayt [website]. With. 376. [Electronic resource]. – Access mode: https://urait.ru/bcode/510375/p.376 (date of access: 04/23/2023).
4. Raspopova N. I. Mediation: a textbook for universities. – M .: Yurait Publishing House, 2023. – 222 p. – (Higher education). — ISBN 978-5-534-14347-8. — Text: electronic // Educational platform Urayt [website]. With. 23. [Electronic resource]. – Access mode: https://urait.ru/bcode/519929/p.23 (date of access: 21.04.2023).
5. Kotlyarova V. V. Alternative methods of settlement and resolution of disputes in Russia: textbook / Edited by Doctor of Law A. V. Yudin. – Samara: Samara University Press, 2021. – 104 p.
6. Yusupova, A. F. Mediation as an alternative way to resolve disputes in civil proceedings / A. F. Yusupova // Issues of Russian justice. – 2020. – No. 7. – P. 642-649. -EDN PDMFTY.
LAW ENFORCEMENT
PLEBUKH Ekaterina Alexandrovna
adjunct of Management and organization of the activities of the UIS sub-faculty of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia, captain of internal service
ON CONSIDERATION OF SOME ISSUES OF THE ORGANIZATION OF INDIVIDUAL EDUCATIONAL WORK WITH EMPLOYEES OF THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION
The author of the article discusses the main methods and means of educational work with employeesof the penitentiary system of the Russian Federation, aimed at the formation and consolidation of employees in the service, by conducting educational individual work on the part of the head. The author pays attention to the means used in individual educational work with employees of the penitentiary system, highlights the main areas of work of the head, such as studying the personality of the employee and instilling positive qualities. In the content of this article, based on the studied material, the main methods of working with personnel are highlighted, and a conclusion is formed about the need to combine methods and means of individual educational work with employees of the penitentiary system by a direct supervisor in order to achieve retention in the service and the formation of a qualified employee with positive moral and professional qualities.
Keywords: personnel; educational work, methods of educational work, means of educational work, consolidation of employees in the service, preservation of personnel potential.
References
1. Decree of the Government of the Russian Federation dated April 29, 2021 No. 1138-r “On approval of the Concept for the development of the penitentiary system of the Russian Federation for the period until 2030”. – [Electronic resource]. – Access mode: //www.garant.ru/products/ipo/prime/doc/400639567/.
2. Order of the Federal Penitentiary Service of the Russian Federation dated December 28, 2010 No. 555 “On the organization of educational work with employees of the penitentiary system”. – [Electronic resource]. – Access mode: //docs.cntd.ru/document/902256295/.
LAW ENFORCEMENT
BILIKSIN Vladimir Vladimirovich
student of the Samara law institute of the FPS of Russia
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Regime and security in the penal system sub-faculty of the Samara law institute of the FPS of Russia
PMCS REDAN: THE ESSENCE AND CORRELATION WITH EXTREMIST ACTIVITY
This scientific article examines the essence of the Redan PMCs. The author analyzes the main sphere of activity of this community and makes a correlation with various extremist communities that exist today. Considerable attention is paid to the influence of the anime industry on the incitement to commit illegal actions of persons who consider themselves to be a PMC Redan. The author, within the framework of the ongoing scientific research, evaluates the PMC Redan for signs of an extremist community.
Keywords: PMC Redan, extremist community, signs of extremist community, illegal actions, anime industry culture.
References
1. Sidorova E. Z. Extremism and terrorism: history and modernity // Age of quality. — 2022. — № 4. — P. 19-21.
2. Bogatsky E. E. Manga is a segment of modern Japanese mass culture. // Bulletin of the Moscow State University of Printing Arts. – 2023. – No. 106. – P. 46-47.
3. Katasonova E. L. Anime: yesterday, today, tomorrow. – 2017. – No. 14. – P. 76-77.
4. Khalilin M. N. The image of war as a new monster in Japanese visual culture // TV Science. – 2020. – No. 53. – P. 231-232.
5. Milyukov VL Influence of Japanese anime culture on the modern youth of Russia // Innovative science. – 2021. – No. 63. – P. 33-34.
6. Bitkova T. G. Youth subculture “Emo” // Generation of change in Eastern Europe: 1990–2010. — 2015. — № 18. — P. 86-88.
7. Denisova A. A. Semantics of the “Anime” subculture // Analytics of Cultural Studies – 2017. – No. 59. – P. 43-44.
8. Kovaleva A. N. Elements of the epic plot of the Gunka genre in anime // Bulletin of the Russian State Humanitarian University. – 2019. – No. 91. – S. 5-7.
9. Ivanova Yu. A. Aue – criminal youth movement: essence and methods of distribution // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 33. – S. 123-124.
10. Chirun S. N. Youth “Aue” as an integral phenomenon of the Russian postmodern // Monitoring of public opinion: economic and social changes. —2019. – No. 96. – S. 305-307.
LAW ENFORCEMENT
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic Science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
SOME FEATURES OF THE LEGAL REGULATION OF THE ACTIVITIES OF THE STATE FIRE SUPERVISION BODIES OF THE FEDERAL FIRE SERVICE AS BODIES OF INQUIRY
The article analyzes issues related to the legal regulation of state supervision, state fire supervision, as well as the activities of the state fire supervision bodies of the federal fire service as bodies of inquiry. Based on a comprehensive analysis of regulatory sources, scientific literature and indicators of official statistics, the specifics of the criminal procedural function of the Ministry of Emergency Situations of Russia as a federal executive authority, for which its main tasks are strictly defined according to the profile of the Ministry. Some conclusions are formulated about the direction of improving the further activities of the bodies of inquiry of the GPN FPS of the Ministry of Emergency Situations of Russia.
Keywords: state supervision, fire supervision, inquiry, legal regulation, investigation of crimes related to fires.
References
1. Consolidated report on state control (supervision), municipal control in the Russian Federation for 2022 / Official website of the Government of the Russian Federation. – [Electronic resource]. – Access mode: http://static.government.ru/media/files/nI8VlVPes5mi2qAmn2Vgwqrw1SGLhvDe.pdf (date of access: 06/29/2023).
2. Kudilinsky MN Control as a form of public administration. Correlation between the concepts of “control” and “supervision” // Actual problems of Russian law. – 2015. – No. 8. – P. 47-53.
3. Activities of the Ministry of Emergency Situations of Russia / Official website of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters. – [Electronic resource]. – Access mode: https://mchs.gov.ru/uploads/document/2023-05-19/57f5b8b4815dd3e1b2592f5565a2c30f.pdf (date of access: 05/20/2023).
4. Savelyev A. P., Lavrushkina A. A., Chugunov A. M. Improving the efficiency of investigators of the federal state fire supervision // Pravo. Safety. Emergencies. – 2023. – No. 2 (59). – S. 77-84.
5. Stepanova I. A. Organizational and practical issues of the production of inquiry in criminal cases related to fires // Issues of Russian and international law. – 2022. – T. 12. No. 10-1. – S. 569-577.
6. Rokhlin V. I. Inquiry in the system of the Ministry of Emergency Situations of Russia: concept, prospects // Legal regulation of the activities of the Ministry of Emergency Situations of Russia on the issues of ensuring security and liquidation of consequences of natural disasters: Materials of the round table, St. Petersburg, April 05, 2011 / Under the general editorship of V. S. Artamonova. – St. Petersburg, 2011. – P. 9-11.
7. Ershov A. V., Korobko V. B. On the problem of the transition of public administration in the technosphere to a new risk-oriented model on the example of fire safety. Pozharovzryvobezopasnost. – 2021. – T. 30. No. 2. – S. 98-116.
8. Reports with a summary of law enforcement practice and guidelines for compliance with mandatory requirements for 2022 (approved by the Chief State Inspector of the Russian Federation for Fire Supervision on April 24, 2023), May 11, 2023. – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/406722039/ (date of access: 05/20/2023).
LAW ENFORCEMENT
NIMIROVSKAYA Yuzefa Kazimirovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology sub-faculty of the Saint Petersburg University of the MIA of Russia
SLEEP AS THE MOST IMPORTANT MARKER OF THE FUNCTIONAL STATE IN THE PROFESSIONAL ACTIVITY OF EMPLOYEES OF INTERNAL AFFAIRS BODIES
The article examines the significance of one of the protective states of the body – sleep, which affects the life manifestations of a person. Factors related to sleep disorders caused by the official activity of an employee of the internal affairs bodies are considered. The causal relationship between the functional state of the body and the stress of the professional functioning of the police officer is shown. The role of sleep as a restorative physiological process that ensures the maintenance of the effectiveness of professional activity is substantiated. The importance of physiological markers in the functional state of the bodyy is noted.
Keywords: sleep, functional state, physiological process, professional activity, reserves of the body, an employee of the internal affairs bodies.
References
1. Amosov N.M. Reflections on health. 3rd ed. – Moscow: Physical culture and sport, 1987. – 64 p.
2. Anokhin P. K. Fundamental questions of the general theory of functional systems. Principles of systemic organization of functions. – Moscow: Nauka, 1973. – S. 47.
3. Azimova Yu. Z., Ishchenko K. A. Sleep disorders in alcoholic disease diagnosis and therapy // Medical Council. Moscow. – 2017. – S. 65.
4. Grandner M. A. Recommended amount of sleep for a healthy adult // Journal of Clinical Sleep Medicine of the American Academy of Sleep Medicine and the Society for Sleep Research. J Clinic Sleep Med. – 2015. – No. 11 (6). – S. 591-592.
5. Stupnitsky V. P. Psychology: textbook / V. P. Stupnitsky, O. I. Shcherbakova, V. E. Stepanov. – 3rd ed., erased. – Moscow: Dashkov i K°, 2021. – 518 p. [Electronic resource]. – Access mode: https://biblioclub.ru/index.php?page=book&id=684335 (date of access: 06/10/2023).
6. Lectures on physiology. St. Petersburg State Medical Academy. I. I. Mechnikov // StudFiles. – 2015. [Electronic resource]. – Access mode: https://studfiles.net/preview/2073255/page:12/ (Accessed 11/29/2018).
7. Medvedev V. I. Stability of physiological and psychological functions of a person under the action of extreme factors. – Leningrad: Nauka, Leningrad branch, 1982. – 103 p.
8. Prostyako VV Psychological requirements for the personality and professional activity of an employee of the internal affairs bodies // Legal Psychology. – 2012. – № 1. – P. 5-8.
9. Pavlov I. P. Full. coll. op. T. III. – P. 335-336.
10. Sivertsen B., Overland S., Neckelmann D. et al. The long-term effect of insomnia on work disability: the HUNT-2 historical cohort study. Am J Epidemiol. – 2006. – No. 163 (11). – S. 24.
11. The effect of dream deprivation I // Science. – 1960. – V. 131. – P. 1705-1707.
STATE AND LAW
GRISHCHENKO Andrey Sergeevich
Deputy Head of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia, colonel of police
PASTUKHOV Evgeniy Vladimirovich
senior lecturer of Physical culture and sports sub-faculty of the V. F. Yakovlev Ural State Law University
AMIRKHANYAN Vage Gagikovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
THE ROLE AND PLACE OF THE STATE IN THE POLITICAL SYSTEM OF SOCIETY
The political system of society is formed by diverse organizations, institutions, institutions of the struggle for power, for its retention, use, organization and functioning. The ratio of civil society and its political system is the ratio of content and form. What people are, what their needs and interests are, how they satisfy their needs, what classes and groups they belong to, and what interests underlie the natural historical formations of people, all this is reflected in political institutions. Any class society is politically formalized, it has a mechanism of power that ensures its normal functioning as a single social organism. This mechanism is called the political system. The concept of a political system is one of the main ones in political science. Its use allows you to isolate political life from the life of society as a whole, which can be considered the “environment”, and to establish the existence of links between them. The political system of society includes a fairly large number of institutions and subjects, the coordinated interaction of which determines the degree of influence of the political system on various spheres of people’s life. Having considered the positions of the authors who offer definitions of the political system, one should pay attention to the fact that there is no single interpretation, each of the scientists identified a number of their features and characteristics.
Keywords: state, political system, society, power, needs, interests, history, people, political institutions, civil society, associations.
References
1. Korelsky V. M. and Perevalov V. D. Theory of State and Law: Textbook for Law Schools. – M.: Jurist, 2019.
2. Komarov S. A. General theory of state and law: textbook. Supplement to the 6th ed. – St. Petersburg: Legal Publishing Institute, 2021.
3. Bagley M. V. Constitution of the Russian Federation: text for universities – 4th edition with corrections and additions. – M.: Norma, 2020.
STATE AND LAW
ZLOBINA Ekaterina Alexandrovna
independent researcher
Effectiveness of the legislative power
The relevance of the work. The article investigates the scientific-theoretical and scientific-practical significance of the legislative power in the system of public authorities, and its role in ensuring the effectiveness of state power. The relevance of the problem of the effectiveness of the legislative power is due to the increased interest on the part of the state leadership in the issue of the effectiveness of both this branch of government and the entire system of government bodies, the lack of unified generally accepted approaches to its solution, since most modern methods for studying the effectiveness of the system of public authorities in general, and legislative, in particular, apply a significant number of general criteria, thereby striving to include in the research process as much as possible the totality of factors affecting the effectiveness of state power and parliament.
Goal of the work. Development of basic approaches to understanding the effectiveness of the legislative power, using both domestic and foreign experience, allowing to evaluate not only the activities of this branch of government, but also the process of performing the assigned functions, the complexity and timelines of the implementation of the assigned tasks, as well as assessing the indicators of the received result (effect) and indicators of the direct process of the activity of the legislature.
Keywords: parliament, system, state power, public authorities, efficiency of state power.
REFERENCE LIST
1. Report of the Federation Council of the Federal Assembly of the Russian Federation in 2007 “On the state of legislation in the Russian Federation” // Methodology for studying the effectiveness of legislation in the process of legal monitoring. – M.: Federation Council, 2008. – P. 528.
2. Avakyan S. A. Federal Assembly – Parliament of Russia. – M., 1999. – S. 31, 32.
3. Information and analytical bulletin 2000-2003 State Duma of the third convocation (final). Publication of the State Duma, 2003. ([Electronic resource]. – Access mode: http://iam.duma.gov.ru/node/1); reports of the First Vice-Speaker of the State Duma, responsible for drawing up and implementing the program of legislative work ([Electronic resource]. – Access mode: http:/www.cir.ru/duma/servlet/is4 – Morozov; formerly – Slivka).
4. Karasev A. T. Public authority in the Russian Federation: concept, content // Problems of law. – 2011. – № 1. – P. 8-12.
5. Evaluation of laws and the effectiveness of their adoption. Materials of the International Seminar, December 16-17, 2002, Ryazan. – M.: Publication of the State Duma, 2003; Zenin I. A. Problems of the general theory of the effectiveness of civil legislation. – M., 2003; Polenina SV The quality of the law and the effectiveness of legislation. – M., 1993; Shuvalov I.I. The problem of the effectiveness of lawmaking in the light of the modern political and legal theory of social management // Journal of Russian Law. – 2005. – № 4.
6. Parliamentary law of Russia / ed. I. M. Stepanova, T. Ya. Khabrieva. – M., 2000. – P. 31.
7. Paragraphs 5 and 8 of the recommendation of the Parliamentary Assembly of the Council of Europe 1704 (2005) of 29.04.2005
8. Paul E. Sands. How effective is safety legislation // Journal of Law and Economics? – 1968. – Vol. 11. – № 1 (Apl.).
9. Baglai M. V., Gabrichidze B. N. Constitutional law of the Russian Federation. –M., 1996. – P. 130.
10. Grankin I. V. The essence of Russian parliamentarism // Constitutional and municipal law. – 2005. – № 4. – S. 27-30.
11. Lazarev VV Law enforcement practice as a criterion for the effectiveness of the law // Assessment of laws and the effectiveness of their adoption. Materials of the International Seminar, December 16-17, 2002, Ryazan. – M.: Publication of the State Duma, 2003.
12. Small A. F. State power as a legal category // State and law. – 2001. – No. 3. – P. 98.
13. Chirkin V. E. Legislative power. – M.: INFRA-M, 2016. – S. 193-194.
STATE AND LAW
KIRILIN Andrey Viktorovich
adjunct of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
FORMATION OF FACTORY INSPECTION AS A BODY OF CONTROL OVER FACTORY LEGISLATION IN THE RUSSIAN EMPIRE
The article considers the grounds for the creation of such a state body as the Factory Inspectorate. Legal acts adopted to regulate the activities of factory inspection inspectors are noted. The activity of the factory inspection as a supervisory state body is analyzed. The article examines the factory inspection as an intermediary between workers and owners of factories and enterprises, as well as the activities of factory inspectors to improve working conditionsat industrial enterprises.
Keywords: factory legislation, workers’ issues, factory inspection, labor legislation, protection of workers’ rights.
References
1. Litvinov-Falinsky V.P. Factory legislation and factory inspection in Russia. Saint Petersburg. 1904.
2. Mikulin A. A. Factory inspection in Russia // Kyiv. 1906.
3. Balitsky GV What should be the factory inspection. Moscow: Labor and will. 1907
4. Volodin A. Yu. Factory inspection in Russia (1882-1914): State institution, personnel, intermediary activity. M.: Gosjurizdat, 2006.
5. Nevsky S. A. Establishment of the factory police in the Russian Empire // Economic and humanitarian studies of regions. 2015. No. 5.
STATE AND LAW
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
DYAKONOVA Anastasia Vitaljevna
magister student of the Law School of the Far Eastern Federal University
TO THE QUESTION OF SOME TRENDS IN DIGITALIZATION. LOOKING THROUGH THE COVID-19 EXPERIENCE*
The authors attempted to generalize digitalization trends during the 2019-2022 pandemic, as well as in the post-pandemic world. The conclusion is made about a significant acceleration of the processes of transition of society and the state to digitalization. The authors also point out some trends in the widespread restriction of rights and partial renunciation of the image of a democratic state. It is emphasized that such measures are forced and temporary.
Keywords: digitalization, digitalization trends, COVID-19, pandemic, restriction of rights, democracy.
References
1. Bezbakh V. V., Frolova E. E. Artificial intelligence in the regulatory context of Industry 4.0 and epistemological optimism // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – R. 289-307.
2. Bezbakh V. V., Frolova E. E. Augmented reality and civil law regulation of business relations // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – R. 29-37.
3. Frolova E. E., Ermakova E. P. Utilizing artificial intelligence in legal practice // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – R. 17-27.
4. Antonov F. S. State and socio-political democracy: historical and modern context // Power. – 2018. – No. 5. – P. 69-76.
5. Bylyeva D.S., Lobatyuk V.V. The image of the digital future society through the prism of a pandemic // Philosophical Thought. – 2021. – No. 2. – P. 11-23.
6. Gaivoronskaya Ya. V., Miroshnichenko O. I., Shakirov S. Sh. Trends and lessons of anti-crisis legal regulation during the COVID-19 pandemic // Vestnik RUDN University. Series: Legal Sciences. – 2021. – No. 2. – P. 634-662.
7. Lola I. S., Bakeev M. B. Digital agenda and initiatives in the field of digital technologies in the context of COVID-19 (a review of the practices of the European Union, the Organization for Economic Cooperation and Development, and other countries). – M.: NRU HSE, 2020. – 19 p.
8. Mamedyarov Z. A. Accelerating digitalization against the backdrop of a pandemic: world experience and Russia // Outlines of global transformations: politics, economics, law. -2021. – No. 4. – P. 92-108.
9. Mamychev A. Yu., Miroshnichenko O. I. Digital democracy in a pandemic: ethical, legal and political aspects. Part 2 // Advances in Law Studies. – 2020. – No. 5. – P. 100-104.
10. Shchelkunov M. D. Society in a pandemic: a rehearsal for the digital future // Bulletin of Economics, Law and Sociology. – 2020. – No. 2. – P. 192-196.
STATE AND LAW
RABADANOVA Saida Spartakovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
DADASHEVA Malika Jamalutdinovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
PARLIAMENTARY INVESTIGATION AS A FORM OF PARLIAMENTARY CONTROL IN THE RUSSIAN FEDERATION
This scientific article explores the investigation as a form of parliamentary control in the Russian Federation. The article discusses the main aspects and mechanisms of the investigation, its role in ensuring effective parliamentary control, as well as the problems and challenges that the Russian parliament’s face when conducting investigations. The article analyzes the regulatory framework of the investigation, the powers of parliamentary commissions and other tools used to exercise parliamentary control through investigations. Based on the conducted research, the conclusion is madeabout the importance of the investigation as a mechanism of parliamentary control and recommendations are proposed for its further improvement in the Russian Federation.
Keywords: investigation, parliamentary control, Russian Federation, parliaments, regulatory framework, powers, mechanisms, challenges.
References
1. Amiragyan S. S. Parliamentary investigation on the legislation of the constituent entities of the Russian Federation // Student Forum. – 2023. – No. 6 (229). – P. 28-31.
2. Abaeva ZR Parliamentary investigation as a form of parliamentary control in the subjects of the Russian Federation // Constitutional and municipal law. – 2023. – No. 3. – P. 26-31.
3. Volodina E. N. Actual issues of parliamentary control in Russia // High technologies, science and education: topical issues, achievements and innovations: collection of articles of the VIII All-Russian scientific and practical conference, Penza, October 27, 2020. – Penza: “Science and Education” (IP Gulyaev G.Yu.), 2020. – P. 229-232.
4. Lobkov A. V. The ratio of individual and collegial principles of parliamentary control (on the example of parliamentary investigations in the subjects of the Russian Federation // Constitutional and municipal law. – 2023. – No. 6. – P. 42-46.
5. Chimarov N. S. Essential features of the Russian model of parliamentary investigation in the context of constitutionalism // Bulletin of the St. Petersburg Law Academy. – 2023. – No. 1 (58). – P. 63-66.
PEDAGOGY AND LAW
AMELICHKIN Artem Valerjevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Economics and management sub-faculty of the Orel State Institute of Culture
USOV Alexander Vladimirovich
Deputy Director of the Leisure Center “Rodina”, Master degree student of the Orel State Institute of Culture
SHOWING FILMS AS A MEANS OF PATRIOTIC EDUCATION
The content of the article is devoted to the study of the pedagogical potential of film screening as a means of patriotic education of youth. Joint leisure activities and communication that take place in cultural institutions as part of film screenings are a unique environment that allows you to optimize the process of patriotic education of young people.
Keywords: film screening, film screening, patriotic education, leisure, social and cultural activities.
References
1. Amelichkin A. V. History of forms of social and cultural education: teaching aid for undergraduates. – Orel: OGIK, 2020. – 103 p.
2. Baranov O. A. Media education at school and university. – Tver: Publishing House of the Tver State. ped. un-ta, 2002. – 87 p.
3. Budagovsky VL Socio-cultural conditions of military-patriotic education of student youth in the activities of public associations of search orientation: dis. … cand. ped. Sciences: 13.00.05. – Orel, 2014. – 179 p.
4. Vakulenko E. A. Patriotic education in the process of becoming a teenager’s personality // Patriotic education: from words to deeds: materials of a scientific and practical conference. – M: AST, 2018. – S. 60-64.
5. Geytenko L. V. The system of values of modern youth // Actual problems of the humanities and natural sciences. – 2009. – No. 9. – P. 196-197.
6. Dyachenko VV Theory and practice of patriotic education in modern Russia: author. dis. … doc. ped. Sciences. – M., 2001. – 396 p.
7. Zhmyrova E. Yu. Film art as a means of educating tolerance among students: dis. … cand. ped. Sciences: 13.00.02. – Tambov, 2008. – 212 p.
8. Ilchenko E. A. Using the structure of the industry market (on the example of the Russian film screening market) // Bulletin of the Chelyabinsk State University. – 2011. – No. 32 (247). – P. 96-103.
9. Kravchenko A. A. Film art in the system of moral and aesthetic education of adolescents // Proceedings of the St. Petersburg State Institute of Culture. – 2013. – № 4. – S. 298-304.
10. Krylova E. L. Formation of patriotic consciousness of university students by means of media education. Dis. … cand. ped. Sciences: 13.00.01. – Samara, 2020. – 283 p.
11. Malkov M. B. Cinema as a factor in the patriotic education of children and youth // Collection of materials of the International Summit on Culture and Education, dedicated to the 50th anniversary of the Kazan State Institute of Culture: materials of scientific and practical conferences. – Kazan: KGIK, 2019. – P. 48-51.
12. Monastyrsky DV Interaction of cultural institutions and film distribution in the organization of youth leisure: dis. … cand. ped. Sciences: 13.00.05. – Moscow, 1999. – 181 p.
13. Penzin S. N. Cinema and aesthetic education: methodological problems. – Voronezh: Voronezh Publishing House. state un-ta, 1987. – 176 p.
14. Polichko G. A. Film language explained to the student. -Moscow-Ryazan: Russian Word, 2006. – 201 p.
15. Rogozyansky M. E. Functional approach to the interaction of television and cultural institutions for the patriotic education of youth: author. dis. … cand. ped. Sciences: 13.00.01. – Kazan, 2010. – 25 p.
16. Usov Yu. N. The program of the training course “Fundamentals of screen culture” for grades 9-11 of a comprehensive school. Fundamentals of screen culture. Program cycle. – M.: RAO, 1998. – S. 29-45.
PEDAGOGY AND LAW
BELEVTSEV Vitaliy Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
THE ROLE OF DIGITAL TECHNOLOGIES IN THE ORGANIZATION OF FIRE TRAINING CLASSES
This article reveals the possibilities of using digital technologies in fire training classes in educational organizations of the Ministry of Internal Affairs of Russia. A distinctive feature of this discipline is that theoretical and practical training is carried out within the framework of one lesson under the guidance of a teacher, as well as the lack of opportunity to independently practice shooting skills. Fire training is implemented in the traditional form of training, however, the crisis that occurred in the conditions of COVID-19 quarantine showed that educational organizations of the Ministry of Internal Affairs of Russia can work remotely. It is established that the use of digital technologies simultaneously with everyday classes will complement the learning process, where students will acquire new competencies, skills and knowledge.
Keywords: digital technologies, fire training, digitalization of education, accessibility of education, computer literacy.
References
1. Belevtsev V. V., Gordenko N. V., Kryukova I. V. Informatization as a process of obtaining a new level of education // In the collection: Science. Technologies. Society. Economy. Collection of scientific papers of the I International Scientific and Practical Conference. – Stavropol, 2022. – S. 24-26.
2. Gedgafov M. M. Application of modern training technologies in the training of shooters // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 148-150.
3. Kardanov A. K. Organizational and methodological foundations of the discipline “Fire training” in educational organizations of the Ministry of Internal Affairs of Russia // Problems of modern pedagogical education. – 2022. – No. 76-4. – P. 150-152.
4. Cherkesov A. Yu. Fire training of police officers as part of service and combat training // In the collection: Innovations in science and practice. Collection of works based on materials of the VI All-Russian competition of scientific research works. – Ufa, 2021. – P. 104-109.
5. Cherkesov A. Yu. Pedagogical conditions for improving the fire training of police officers // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 227-229.
6. Cherkesov A. Yu., Sabirov I. F. Actual problems of the use of firearms by police officers in modern conditions // Education and Law. – 2022. – No. 1. – S. 196-200.
PEDAGOGY AND LAW
VIRTA Denis Sergeevich
lecturer of Physical education sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
ZVEREV Andrey Vladimirovich
Ph.D. in Law, Head of Mobilization and tactical-special training sub-faculty of the Faculty of Law of the Academy of Law and Management of the FPS Russia, Ryazan
KULEEV Vladimir Yakovlevich
lecturer of Physical training sub-faculty of the Vladimir Law Institute of the FPS of Russia
FEATURES OF CONSTRUCTION OF THE TRAINING PROCESS OF ATHLETES FOR THE SERVICE-APPLIED SPORT “SERVICE BIATHLON” IN THE ANNUAL MACROCYCLE
The article describes: the features of training athletes for competitions in the service-applied sport “service biathlon” in the annual macrocycle in terms of combining the training process with the performance of official duties; psychological problems that arise when firing from military weapons; attention is paid to the moral and psychological preparation of biathletes.
Keywords: service biathlon, athlete, shooting training, physical training, psychological characteristics, annual macrocycle, training.
References
1. Astafiev K. A., Solonitsin R. A. Formation of the readiness of a penitentiary officer to perform operational tasks by means of summer service biathlon // Penitentiary system and society: interaction experience: Collection of materials of the VII International scientific and practical conference, Perm, April 02, 2020 / Compiled by V. A. Ovchenkov. Volume I. – Perm: Perm Institute of the Federal Penitentiary Service, 2020. – P. 264-266.
2. Pugachev A. V., Tarabrina K. S. Fundamentals of training athletes in summer service biathlon // Issues of organizing the training process in shooting service-applied sports in the system of the Ministry of Internal Affairs of Russia: an electronic collection of abstracts of the All-Russian Scientific and Practical Conference, Barnaul, 03 February 2019 / edited by S. K. Buryakov. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2019. – P. 31-33.
3. Slobodchikova T. A. Factors influencing the result of shooting among athletes specializing in service biathlon // Issues of organizing the training process in shooting service-applied sports in the system of the Ministry of Internal Affairs of Russia: an electronic collection of abstracts of the All-Russian Scientific and Practical Conference, Barnaul, February 03, 2019 / edited by S.K. Buryakova. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2019. – P. 37-39.
PEDAGOGY AND LAW
KASHIBADZE Alexander Georgievich
lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
THE INFLUENCE OF GAME SPORTS ON THE PHYSICAL DEVELOPMENT OF EMPLOYEES OF THE PENAL SYSTEM
This article actualizes the need to maintain good physical fitness of employees of institutions and bodies of the Penal system. The quality of performance of the official tasks facing employees of penitentiary institutions is directly related to the level of their physical fitness, which has a direct impact on physical performance and endurance. Physical education of employees should be supported as a result of constantly conducted physical training classes, attendance at which, due to official employment, is minimal and is of a formal nature.
The problem of developing methods for the formation and aspiration of employees of institutions and bodies of the penitentiary system of the desire for physical exercise is outlined. It is proposed to solve the problem by introducing the use of game sports into the practice of institutions within the framework of regularly held sports days. Game sports, having the opportunity to diversify leisure time, reduce stress after a working day, are able to attract the attention of employees and employees of the institution, increase interest and desire for physical development.
The relevance of this proposal is also explained by the fact that game sports not only maintain physical tone, but also have a positive effect on health, develop spatial orientation, coordination of movements, responsiveness, form neuropsychological stability and have a healing effect.
Thus, the prospect of introducing game sports into the practice of penitentiary institutions and bodies is highly relevant and needs to be considered and scientifically and practically comprehended.
Keywords: game sports, sports games, physical training, an employee of the penal enforcement system, physical education, physical health, motor skills, official activity, sports day.
References
1. Fizicheskajapodgotovkasotrudnikovugolovno-ispolnitel’nojsystemy: uchebnoeposobiedljasrednegoprofessional’nogoobrazovanija / Pod. red. V. N. Pozhimalina. – 2nd ed. pererab. i dop. – M. Jurajt, 2022. – 276 s.
2. V. A. Kaznacheev. Social’nye, gumanitarnye, medico-biological sciences. – 2020. – No. 74. – P. 26-30.
3. Novikov, A.V. – 2022. – No. 1. – P. 222-224.
PEDAGOGY AND LAW
MAKAEVA Guzal Zaynagievna
Ph.D. in philosophical sciences, associate professor of Foreign languages sub-faculty of the Institute of Economics and Management of Kazan State University of Architecture and Engineering
MAKAEV Khanif Fahretdinovich
Ph.D. in pedagogical sciences, associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
KONOVALOVA Elena Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Foreign languages sub-faculty of the Institute of Economicsand Management of the Kazan State University of Architecture and Engineering
DIGITAL EDUCATIONAL RESOURCES IN THE PROCESS OF FOREIGN LANGUAGE TRAINING OF LEGAL STUDENTS
In the educational space today, digital educational resources are becoming increasingly popular, which is especially evident in the university training of specialists in all fields, including legal. Recent experience during the pandemic period has shown the possibilities and effectiveness of using digital educational resources for distance learning activities at a university. The paper discusses the functionality of the Microsoft Teams online platform for language learning in all types of speech activity, vocabulary and grammar. The advantages and disadvantages of the considered platform are determined. Research methods were observation, analysis and comparison, training-practice-control. The results of the work revealed the prevalence of advantages over the disadvantages of using the Microsoft Teams online platform in the learning process. The results obtained can make a certain contribution to pedagogical science.
Keywords: Microsoft Teams online platform, language, student, speech activity, specialist, training, pedagogical science, method.
References
1. McBrien J. L., Cheng R., Jones P. Virtual spaces: Employing a synchronous online classroom facilitate student engagement in online learning // The International Review of Research in Open and Distributed Learning. – 10 (1 172020). – 2009.
2. Dhawan S. Online learning: A panacea in the time of COVID19 crisis // Journal of Educational Technology Systems. – 2020. – 49 (1). P. 5 22.
3. Keeton M. T. Best on lineinstructional practices: Report of phase Ion going study // Journal of Asynchronous Learning Networks. – 8 (2). – R. 75-100.
4. You, J.W., & Kang M. The role of academic emotions in the relationship between perceived academic control and self-regulated learning in online learning // Computers & Education. – 2014. – No. 77. – 125-133.
5. Savenye W. C. Improving Online Courses. What is Interaction and Why Use it? (Undetermined) // DistanceLearning. – 2005. – 2 (6). – R. 22-28.
6. Makayev Kh. F., Yahin M. A., Makayeva G. Z. Interlingua Interferences in English and Russian in Physics Field Propositos y Representaciones. – 2021. – No. 9. – R. 1019.
7. Makayev K. F., Baranova A. R., Sigacheva N. A. Ways of Vocabulary Enlargementsthe English Sublanguage of Physics // Journal of Research in Applied Linguistics. – 2019. – T. 10. No. S. – R. 793-801.
8. Baranova A. R., Makayev K. F., Sigacheva N. A. Diachronic tree of computer terms // Journal of Advanced Research in Dynamical and Control Systems. – 2019. – V. 11. No. 8 Special Issue. – P. 456-461.
PEDAGOGY AND LAW
MANDRYKA Yuliya Sergeevna
lecturer of Criminal process sub-faculty of the Rostov Law Institute of the MIA of Russia, major of police
ROMANOV Mikhail Sergeevich
Ph.D. in technical sciences, senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
AMIROVA Dilyara Kafilevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia, major of police
VALEEVA Gulshat Shakurovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
PEDAGOGICAL ASPECTS OF THE DEVELOPMENT OF POLICE OFFICERS’ READINESS FOR THE PREVENTION OF JUVENILE DELINQUENCY
This article examines the importance of developing the readiness of police officers to prevent juvenile delinquency. The article presents methods that can be used to improve the level of training of police officers in this area. Among such methods: the organization of special trainings and practical classes, the use of gaming technologies, as well as the importance of cooperation with other state and non-state organizations on the implementation of preventive work with minors.
Keywords: police officers, development, prevention, juvenile delinquency, improving the level of training.
References
1. Amelchakova V. N., Doroshenko O. M. On the issue of prevention and counteraction to juvenile delinquency // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-profilaktike-i-protivodeystviya-pravonarusheniyam-nesovershennoletnih (date of access: 06/21/2023).
2. Baev V. V., Bigaliyeva Ya. G., Isaenko A. S., Plutenko D. S. Juvenile delinquency // Kronos. – 2021. – No. 1 (51). [Electronic resourceWith]. – Access mode: https://cyberleninka.ru/article/n/prestupnost-nesovershennoletnih-1 (date of access: 13.02.2023)
3. Noskov O. S., Nosova D. Kh. Evaluation of the formation of the professional readiness of police officers for the prevention of delinquent behavior of minors // Bulletin of the UJUI. – 2021. – No. 2 (92). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otsenka-sformirovannosti-professionalnoy-gotovnosti-sotrudnikov-politsii-k-profilaktike-delinkventnogo-povedeniya (date of access: 06/21/2023).
4. Sadovnikova N. O., Hilyuk S. O. Structural and functional model of professional training of students of organizations of the Ministry of Internal Affairs of Russia for social and pedagogical rehabilitation activities. Izvestiya VGPU. – 2022. – No. 5 (168). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strukturno-funktsionalnaya-model-professionalnoy-podgotovki-obuchayuschihsya-organizatsiy-sistemy-mvd-rossii-k-sotsialno (date of access: 06/07/2023).
5. Kuznetsova L. V., Osintseva L. M. A model for the formation of universal competencies of police officers through a case method of training in educational institutions of the Ministry of Internal Affairs of Russia // Police activity. – 2021. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/model-formirovaniya-universalnyh-kompetentsiy-sotrudnikov-politsii-posredstvom-keys-metoda-obucheniya-v-obrazovatelnyh (date of access: 06/27/2023).
6. Pozhidaeva E. Yu., Kolevatova A. S. Socio-psychological training as a method of influencing the personal and behavioral characteristics of people // Modern Pedagogical Education. – 2022. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskiy-training-kak-metod-vozdeystviya-na-lichnostnye-i-povedencheskie-harakteristiki-lyudey (date of access: 06/28/2023).
PEDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
SANKOV Pavel Anatoljevich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ZALAEV Rodion Danilovich
senior researcher of the Research Department of the Ufa Law Institute of the MIA of Russia
SOME PROBLEMS OF FIRE TRAINING OF POLICE OFFICERS
The article discusses some problems of fire training, provides statistical data on the use of service weapons, and also identifies the causes that lead to serious consequences. Recommendations are given for improving fire training in the internal affairs bodies, since the personnel of law enforcement agencies who professionally own firearms are required to perform only safe actions with weapons. Fire training is one of the most important sections of the service and combat training of employees of the internal affairs bodies, which is aimed at the formation, development and improvement of skills and abilities necessary for confident knowledge of when weapons performing operational and service tasks.
Keywords: fire training, police officer, weapons, crime, personnel, official tasks.
References
1. Akhiyarov R. A., Nikolaev N. Yu., Trofimov V. A. Stress and its impact on the daily and operational activities of a student (employee) of the Department of Internal Affairs // Eurasian Law Journal. – 2023. – No. 2 (177). – S. 341-342. – EDN EIKJRB.
2. Report of M. D. Krachinin at the meeting of the Ministry of Internal Affairs “Practical shooting in the system of combat training of the Ministry of Internal Affairs.” [Electronic resource]. – Access mode: http://textarchive.ru (date of access: 11/16/2022).
3. Nikolaev N. Yu., Akhiyarov R. A., Podkovka S. V. The role of fire training in shaping the personality of a student of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 2 (177). – S. 365-366. – EDN CHLHRX.
4. Fire training. Ways to improve professional skills: a textbook for a university / [edited by G.N. Budgayants]. – Lugansk, 2006. – 350 p.
5. Sidemin A. V. Training of police officers in the possession of firearms: a teaching aid. – Barnaul, 2019. – S. 30-47.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
MUSLIMOV Ayrat Ravilevich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
RESEARCH OF USING DIGITAL COMMUNICATIONS IN THE ACTIVITIES OF A MODERN COMPANY
The article presents the results of a study of digital communicationson the example of Russian organizations. Much attention is given to assess the impact of this factor on the staff satisfactions’ level. It is especially emphasized that the development of digital communications to ensure high-quality production processes and high staff’s satisfaction with their work requires close attention of management to organizing and filling of vertical and horizontal communication flows: between the head of the organization and employees, between the direct head of the department and employees, between employees of departments. According to the analysis, regular monitoring of these processes is important for understanding the direction of social changes, maintaining the specified characteristics of corporate culture. The aim of the study is the analyzes of these processes. It can help to prevent certain errors related to the activity in the future.
Keywords: company activity, labor organization, production processes, corporate interaction, competitiveness, target audience.
References
1. Astashina O. V. Communication strategies in the organization // Bulletin of Science and Education of the North-West of Russia. – 2015. – № 4.
2. Babosov E. M., Trus A. A. Features of communication in organizational models of various types // Bulletin of the Moscow University. Series 18: Sociology and Political Science. – 2015. – № 3.
3. Baldin K. V., Makridenko E. L., Tugusheva S. A. Organizational support of adaptive advancing management of an enterprise // Modern trends in the development of science and technology. – 2016. – № 11.
4. Doronina E. B. Improving the efficiency of creating and functioning of complex systems based on the analysis of communicative processes // ScienceTime. – 2016. – № 4.
5. Egorichev V. A., Malyarchuk P. I., Semenova N. K. A systematic approach to the study of organizational communications // Young scientist. – 2016. – № 10.
6. Egorshin A. P. Business communications. – M.: NIMB, 2015.
7. Konovalenko V. A., Konovalenko M. Yu., Shved N. G. Fundamentals of integrated communications. – M.: Yurayt, 2015.
8. Latypova E. R. Fundamentals of the theory of communication / International scientific and practical conference. Editorial Board: L. A. Abramova [and others]. 2017
9. Plaksa Yu. V. Modern methods of communication in organizations // Economics and entrepreneurship. – 2017. – No. 12-2.
PEDAGOGY AND LAW
KASHIBADZE Alexander Georgievich
lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
TACTICAL AND SPECIAL TRAINING AS A BASIC ELEMENT OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE PENAL SYSTEM
Tactical and special training is a discipline that forms the readiness of employees of the criminal intelligence and law enforcement agencies to act in extreme situations and make decisions in a constantly changing environment. One of the goals of moral and psychological training for cadets to act in extreme situations in the TST classes is to form a mental skill to anticipate future situations. The ability to predict the development of events is a necessary skill for an employee when performing a task in an extreme situation. With such a skill, the employee’s decision-making time is significantly reduced, which contributes to the fastest, and therefore, high-quality performance of the task.
Tactical and special training in general is a basic discipline in the training of employees of the penitentiary department of our state, since the tasks performed by employees are sometimes associated with the reflection of group disobedience, mass riots, etc. For the ability to act competently in such situations, theoretical and practical knowledge in the field of tactical and special training is necessary. To this end, special tactical exercises are conducted for existing employees to consolidate such knowledge, and for cadets of departmental educational institutions – lectures, seminars and practical classes on the discipline of TST.
Keywords: readiness, changing situation, reliability, preparedness, professional orientation, tactical and special training, penal enforcement system, extreme situation.
References
1. Chernov S. A., Sigurova O. Yu. Tactical and special training as a basic element of professional training of police officers // Truth and Law. – 2019. – No. 3 (9). – P.p. 72-74.
2. Galimova A.G., Kudryavtsev M.D. Interdisciplinary connection of training modules physical training, tactical and special training, fire training and personal safety // Physical culture and sport in the structure of vocational education: retrospective, reality and the future. Dedicated to the 300th anniversary of the Russian police. Materials of the interdepartmental round table, 2018. – Pp. 21-25.
3. Plokhikh G. I. Special training of employees of internal affairs bodies // Studies. manual; South West. gos. un-T. – Kursk, 2014. – 359 P.
4. Antonov M. E. Some problems of training in the discipline “tactical-special training” for students of the faculty of vocational training // Training of personnel for law enforcement agencies: modern trends and educational technologies. Materials of the twenty-sixth All-Russian Scientific and Methodological Conference. – Irkutsk, 2021. – Pp. 91-93.
MEDICAL LAW
TREFILOVA Violetta Vladimirovna
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
HISTORY OF MEDICAL LAW DEVELOPMENT IN RUSSIA
The article is dedicated to the history of development of medical law in Russia. It considers the main stages of medical law development from the 18th century up to the present time: from governmental resolutions on medical activity and regulation of the profession up to the creation of a legislative basis for the protection of patients’ and medical workers’ rights. It also describes the stages of establishment of medical institutions and formation of medical ethics in the country.
Keywords: medical law, history, Russia, legislation, medical institutions, medical ethics, patients, medical workers.
References
1. Akopov V. I. Law in medicine. – M.: Book-service, 2013. – 377 p.
2. Vorobieva L. V. Medical law. – Rostov n / D .: Phoenix, 2014. – 171 p.
3. Gusev A. Yu. Judicial protection of the right of Russian citizens to social security. – M.: Prospekt, 2020. – 112 p.
4. Diveeva N. I., Dobrokhotova E. N., Zakharov A. A. Social Security Law. Textbook and practice. – M.: Yurayt, 2017. – 384 p.
5. Zakharova N. A., Gorshkov A. V. Social security law. Tutorial. – M.: Omega-L, 2015. – 170 p.
6. Komkova G. N., Torosyan R. A., Sychev V. B. Social Security Law. Workshop. Textbook for academic baccalaureate. – M.: Yurayt, 2019. – 188 p.
7. Komkova G. N., Torosyan R. A., Sychev V. B. Social Security Law. Workshop. Textbook for open source software. – M.: Yurayt, 2019. – 188 p.
8. Kosarenko N.N. Social security law. Textbook. – M.: KnoRus, 2019. – 240 p.
9. Korobkina P. S. Historical aspects of the formation of medical law // International Journal of the Humanities and Natural Sciences. – 2023. – No. 2-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoricheskie-aspekty-formirovaniya-meditsinskogo-prava (date of access: 20.04.2023).
10. The right to social security. Textbook and workshop / Ed. Filippova M. V. – M.: Yurayt, 2019. – 406 p.
11. Suleimanova GV The right to social security. Textbook and practice. – M.: Yurayt, 2019. – 430 p.
12. Roericht A. A. Theoretical foundations of medical law: problems of formation and development. – M.: RAN INION, 2011. – 214 p.
13. Romanovsky G. B. Problems of the formation of medical law // Socio-political sciences. – 2012. – № 3. – P. 100-125.
14. Tuchkova E. G. The right of social security in Russia. – M.: Prospect, 2020. – 480 p.
PSYCHOLOGY AND LAW
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
YUMAGULOVA Nina Ivanovna
postgraduate student of the Institute of Education Development of the Republic of Bashkortostan; teacher of mathematics and computer science School № 64, Moscow
GADABORSHEVA Zarina Israilovna
Ph.D. in science psychologicals, associate professor of the Chechen State Pedagogical University
MATYUKHINA Oksana Sergeevna
Ph.D. in pedagogical sciences, associate professor of the A. G. and N. G. Stoletov Vladimir State University
EMPATHIC CULTURE AS A PREDICTOR OF EMOTIONAL DEVELOPMENT OF PERSONALITY: CONCEPTUAL ANALYSIS OF THE PROBLEM
The article presents the essential characteristics of empathic culture, presents its definitions, taking into account various approaches existing in domestic and foreign studies. The authors prove that empathic culture can be considered as a predictor of emotional development. In the content of the article, the authors emphasize the relationship of the content characteristics of the emotional development of a person with the manifestations of her empathic culture. Based on the generalization and systematization of domestic and foreign literature on the research problem, they come to the conclusion that empathic culture is the highest manifestation of the “I” in the aspect of the value-semantic sphere of a person, which ensures the development of his emotional intuition and emotional intelligence, influences the emotional development of a person in various periods of ontogenesis.< /p> Keywords: empathy, empathic culture, empathic abilities, empathic intuition, predictor, emotional development.
References
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2. Budantsova A. A. Empathic culture of the student’s personality: essence, structure, ways of formation // Siberian Pedagogical Journal. – 2008. – № 13. – P. 110-122.
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4. Lebedeva Yu. V. Cross-cultural features of empathy (on the example of students from Russia and China): dis. … cand. psychol. Sciences. – Yekaterinburg, 2017. – 200 p.
5. Markina M. G. Specificity of research methods: the role of the female image in advertising // Advertising. – 2005. – No. 6. – [Electronic resource]. – Access mode: http://kogni.narod.ru/markina.htm. (date of access: 29.10.2022).
6. Nasenkova I. M. Education of empathic culture of high school students in the process of organizing business games. – Kazan: KGU, 1997. – 17 p.
7. Nasifullina A. N. The content and methods of forming empathic culture among students of a pedagogical university: dis. … cand. ped. Sciences: 13.00.01. – Kazan, 1993. – 179 p.
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9. Potapova VD Functional system of psychological mechanisms of intuitive-perceptual fermentation. – Donetsk: Yugo-Vostok LLC, Ice, 2005. – 336 p.
10. Salamatina Yu. V. The system of formation of the empathic culture of future teachers and the conditions for its effective functioning // Modern problems of science and education. – 2014. – No. 5. – [Electronic resource]. – Access mode: http://www.science-education.ru/119-14645 (date of access: 09/12/2022).
11. Tavstukha O. G., Moiseeva A. N. The content and structure of the empathic culture of a preschooler // Internet journal “World of Science”. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://mir-nauki.com/PDF/38PDMN218.pdf (date of access: 12.09.2022).
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13. Shondina I. A. The development of empathic culture of students as a priority problem of training specialists in demand in modern society // Pedagogical science and education: theme. Sat. scientific tr. / resp. ed.A.Ya. Nine. – Chelyabinsk: UralGUFK, 2011. – Issue. 11. – P. 195–202.
14. Greck de M., Shi Z., Wang G., Zuo X., Yang X., Wang X., Northoff G., Han S. Culture modulates brain activity during empathy with anger // NeuroImage. – 2012. – No. 59 (3). – PP. 2871-2882.
15. Hoffman M. L. Empathy and moral development. – Cambridge: Cambridge University Press, 2000. – 331 p.
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LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
IAGAFAROV Aidar Ildusovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
COMMUNICATIVE PERSONALITY AS A SOCIAL PHENOMENON
The article analyzes the concepts of a communicative personality. Various ways of understanding the structure of a linguistic-communicative personality are considered. Integration into society is the main condition for the formation and development of personality. The study of a communicative personality can have a different degree of depth depending on the purpose of the study. It is a useful practice for developing the skills of observation and critical analysis of human social behavior and at the same time an exciting activity in terms of self-knowledge of speech activity in various communicative areas. The authors note that the main features of a communicative personality are due to a combination of individual properties and characteristics that provide the abilityto choose the best way to transmit information in a particular situation as well as adequately perceive information. The assessment of a communicative personality as a social phenomenon depends on the degree of efficiency in the performance of basic socially significant functions. The article considers social attitudes, which are the main tools for building effective communication in a certain circle. Cognitive, motivational and functional parameters characterize the effectiveness of communications in relation to certain social groups.
Keywords: linguistic personality, structure of a communicative personality, communicative needs, communicative competence, interaction.
References
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2. Gutnik E. P., Sheremetyeva E. V. Modern theoretical ideas about communicative competencies // Young scientist. 2016. No. 27.
3. Dobrynin Η. F. Activity of the individual and the principle of significance // Problems of personality. M 1969;
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6. Kashkin V. B. Fundamentals of communication theory: A short course. – 3rd ed., revised. and additional M.: AST: East – West, 2007. 256 p.
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9. Konetskaya V. P. Sociology of communications. Textbook. Moscow: International University of Business and Management, 1997. 304 p.
10. Latypova E. R. Fundamentals of communication theory / International scientific and practical conference. Editorial Board: L. A. Abramova [and others]. 2017.
11. Marisova L. I. On the motivational and need basis of communication. Berlin, 1978.
12. Michurova, A. A. Linguistic personality and the problem of communicative competence / Philology and linguistics: problems and prospects: materials of the III Intern. scientific conf. St. Petersburg: Own publishing house, 2018. P. 20-22.
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15. Petrovsky A. V. Personality. Activity. Collective. M.: Politizdat, 2007.
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17. Sharkov F.I. Fundamentals of communication theory: Textbook for universities. M.: Publishing House “Social Relations”, 2009. 245 p.
ECONOMY. RIGHT. SOCIETY
ALEKHIN Daniil Sergeevich
magister student of the Astrakhan State Technical University
ARYKBAEV Ravil Karimovich
Ph.D. in economical sciences, professor of the Astrakhan State Technical University
THE IMPORTANCE OF PROGRAM-TARGET MANAGEMENT IN THE ECONOMY OF THE ASTRAKHAN REGION
In the Astrakhan region, program and target management is carried out in accordance with the Program of socio-economic development (developed for periods) and industry programs. Despite the achieved results of program-targeted management, the article raises the problem fields of this sphere and suggests the use of clustering to achieve the greatest efficiency.
Keywords: program-target management, Astrakhan region, economic development, budget financing.
Reference list
1. Andreev A. A. Program-targeted approach to the socio-economic development of the municipality // Economics and society. – 2017. – No. 3 (34). – S. 36-37.
2. Astrakhan region in numbers. Brief collection. Official publication. – Astrakhan, 2022. – 90 p.
3. Baranov M. B. Evaluation of the effectiveness of local government // Vector of science. – 2015. – No. 13. – P. 485-487.
4. Bardovsky V. P. Market infrastructure and socio-economic development of municipalities // Economic environment. – 2017. – No. 1 (19). – P. 123-128.
5. Vasilenko Zh. A. Analysis of the strategic planning system of the federal, regional and municipal levels // Economics and society. – 2017. – No. 11 (42) – S. 57-59.
ECONOMY. RIGHT. SOCIETY
GAYSINA Albina Venerovna
senior lecturer in Economy and strategic development sub-faculty of the Ufa State Petroleum Technical University
THE IMPORTANCE AND ROLE OF THE INSTITUTION OF THE FAMILY IN THE FORMATION OF HUMAN CAPITAL
In this paper, such categories as human capitalal and the institution of the family are considered in the relationship. The main attention is paid to the issues of the influence of the institution of the family on the formation of human capital in the historical context and at the present stage of economic development.
Keywords: human capital, education, transformation processes, knowledge economy.
References
1. Anikin V. A. Human capital: formation of the concept and basic interpretations // Economic sociology. – 2017. – No. 4. – P. 120-155.
2. Gaisina A. V. The relationship between the standard of living and the development of human capital // Eurasian legal journal. – 2020. – No. 12 (151). – P. 470-471.
3. Schult T. Fertility and Economic Values. Part I: the Value of Children. In: T.W. Schultz (ed.). Economics of the Family. Chicago. – London: University of Chicago Press, 1974. – P. 3-14.
4. Gaisina A. V., Nusratullin V. K. On ensuring high rates of development of the Russian economy // Management of economic systems: electronic scientific journal. – 2018. – No. 3 (109). – S. 32.
5. Gaisina A. V., Kharisova A. Z., Apokina K. V. Ergonomic indicators of the workplace as factors influencing human capital in the context of digitalization // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2022. – No. 1 (39). – P. 30-34.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KURBANGALEEVA Adelina Rustemovna
student of the Ufa State Petroleum Technical University
GARIFULLIN Bulat Askhatovich
magister student of the Ufa State Petroleum Technical University
AMANDOS Kasymkhan Talgatuly
student of the Ufa State Petroleum Technical University
REGULATION OF PRICES (TARIFFS) IN THE FIELD OF HEAT SUPPLY
In this article, the task is to study and analyze the mechanisms and methods of regulating prices for heat supply, as well as to assess their effectiveness. The basic principles of the formation of tariffs for heat supply and factors affecting the change in prices for thermal energy are also considered. In particular, the influence of various factors on the formation of prices for thermal energy, such as changes in prices for resources, is analyzed, and the statistics of prices for thermal energy according to the Federal State Statistics Service for 2023 are presented. p> Keywords: tariffs, prospects for price development, energy carriers, methods of tariff regulation, economic efficiency, thermal energy, price regulation.
References
1. Official website of the FAS Russia. [Electronic resource]. – Access mode: http://www.fas.gov.ru/.
2. Official website of the federal state statistics service. [Electronic resource]. – Access mode: https://rosstat.gov.ru.
3. Decree of the Government of the Russian Federation of October 22, 2012 No. 1075 “On pricing in the field of heat supply”.
4. Order of the Federal Tariff Service of Russia dated June 13, 2013 No. 760-e “On Approval of Guidelines for the Calculation of Regulated Prices (Tariffs) in the Sphere of Heat Supply”.
5. Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply”.
ECONOMY. RIGHT. SOCIETY
PIMENOVA Oksana Valerjevna
Ph.D. in economical sciences, associate professor of Customs and legal support of foreign economic activity sub-faculty of the Ulyanovsk State University
DOCTRINAL CONCEPTS OF REGIONAL INTEGRATION
The article examines theoretical approaches to understanding the nature, essence and role of integration processes in modern economics in the XX and XXI centuries, prerequisites and motives for the creation of trade unions between the states, factors implicating the choice of forms and models of integration processes in the world economy. The author analyzes a number of changes in integration processes, including the inevitable transition from “closed regionalism” to a more open model of integration and the growing number of regional unions between the states driven by economic and political reasons.
Keywords: globalization, regional economic integration, regionalism, regional integration models.
References
1. Asymmetries of regional integration projects of the XXI century / [under. ed. V. I. Mikhailenko]; Ministry of Education and Science Ros. Federation, Ural. feder. un-t. – Yekaterinburg: Ural Publishing House. un-ta, 2018. – 476 p.
2. Butorina O. V., Zakharov A. V. On the scientific basis of the Eurasian Economic Union // EvraAsian Economic Integration. – 2015. – No. 2 (27). – P. 52-68.
3. Lagutina M. L., Mikhailenko E. B. Regionalism in the global era: a review of foreign and Russian approaches // Vestnik RUDN. Series: International relations. – 2020. – No. 2. – P. 261-278.
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9. Ushkalova D. I. Models of economic integration and their typology // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2016. – No. 3. – P. 158-170.
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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 of the Federal Penitentiary Service of Russia
ORGANIZATIONAL AND ECONOMIC RISKS IN THE DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT ON THE CREATION OF INSTITUTIONS OF THE PENAL SYSTEM OF THE COMBINED TYPE
The article discusses the organizational and economic risks that management may face during the construction of joint-type penal institutions for the detention of suspects, accused and convicted persons. As conclusions, separate assumptions are made regarding the positive and negative aspects of the project implementation and the prospects for its dissemination.
Keywords: risk, production, interaction, human resources, client-centric approach, penal enforcement system.
References
1. Elchaninov A.P. On some potential risks of designing and organizing the activities of institutions of a united type of penal system in the Russian Federation. Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. 2022. No. 2 (45). pp. 4-51.
2. Bogachev S. N., Shkolnikov A. A., Rozentul R. E., Klimova N. A. Construction risks and possibilities of their minimization // Academy. Architecture and construction. 2015. P. 88-92.
3. Kozin MN Economics of the penitentiary system: conceptual problems and development prospects // In the collection: Scientific works of FKU Research Institute of the Federal Penitentiary Service of Russia. Scientific and practical quarterly publication. Moscow, 2019. P. 168-172.
4. Shamsunov S.Kh. Accounting for historical experience in developing the concept of development of the penitentiary system of the Russian Federation until 2030 // Criminal Executive Law. 2020. V. 15. No. 1. P.29-32.
5. Grishin D. A., Pavlova L. V. Organization and othersThe fundamental principles of financial support and departmental financial control of institutions and bodies of the Federal Penitentiary Service of Russia in the context of reforming the penitentiary system. Tutorial. Ryazan, 2010.
6. Radchenko E. P., Vdovina A. N. Attracting off-budget investments as a way to ensure the economic security of public-private partnership projects // Man: crime and punishment. 2022. V. 30. No. 2. S. 206-215.
7. Federal Law of July 13, 2015 No. 224-FZ “On Public-Private Partnerships, Municipal-Private Partnerships in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” [Electronic resource] // SPS Consultant Plus”< br /> 8. Pavlova L. V., Radchenko E. P. On improving the legal regulation of the implementation of public-private partnership agreements in the penitentiary system of Russia // Bulletin of the penitentiary system. 2023. No. 4 (251). P. 50-55.
ECONOMY. RIGHT. SOCIETY
SEDYKH Vladimir Alexandrovich
Ph.D. in agricultural sciences, Ph.D. in biological sciences, chief 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
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 of the Federal Penitentiary Service of Russia
TOPICAL ISSUES OF CREATING A DIGITAL LAND USE PROJECT IN THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The paper considers the issues of rational use of land agricultural in the penal system of the Russian Federation and legal conflicts related to the use of this land. The study of this topic will allow not only to solve issues related to the preservation and development of their own agriculture, improve the production and financial situation of institutions of the penal system of the Russian Federation, increase the employment of convicts, but also to preserve land for the reliability and stability of agricultural food supplies. For this purpose, the authors have developed a digital land use project based on the surveying of agricultural plots.
Keywords: law, probing of the earth, permanent indefinite use, employment of convicts, penal enforcement system.
References
1. Decree of the Government of the Russian Federation of April 29, 2021 No. 1138-r “On approval of the Concept for the development of the penitentiary system of the Russian Federation for the period up to 2030” // ATP Consultant Plus.
2. Federal Service for State Registration, Cadastre and Cartography (Rosreestr). – [Electronic resource]. – Access mode: http://https://rosreestr.gov.ru/ (date of access: 02/01/2023).
3. Land resources of the USSR. Natural-agricultural zoning of the territory of regions, territories and republics. – M., 1990. – 260 p.
4. Metelkin A. S. Migration of heavy metals in the soil-plant chain on farm lands with varying degrees of pollution in the central region of the Non-Chernozem zone of Russia: dissertation of a candidate of biological sciences: 03.00.16 / [Place of defense: Ros. state agrarian in absentia university]. – Moscow, 2008. – 180 p.
5. Unified State Register of Soil Resources of Russia. – [Electronic resource]. – Access mode: https://egrpr.esoil.ru (date of access: 04/01/2023).
6. Reproduction of soil fertility and their rational use: materials of the International scientific and practical conference dedicated to the 90th anniversary of the birth of Doctor of Agricultural Sciences, Honored Scientist of the Udmurt Republic, Honorary Worker of the Higher School of the Russian Federation Professor V.P. Kovrigo, 24-25 May 2018 / Udmurt. feder. research Ural center. Department of Ros. acad. Sciences, Izhev. state s.-x. acad.; [res. for issue A. V. Lednev]. – Izhevsk: IzhGSHA, 2018. – 335 p.
7. Shchedrin V. N., Kolganov A. V., Vasiliev S. M., Churaev A. A. Irrigation systems in Russia: from generation to generation: monograph. – At 2 o’clock – Part 2. -Novocherkassk: Helikon, 2013. – 307 p.
ECONOMY. RIGHT. SOCIETY
KHODKOVSKAYA Yuliya Viktorovna
Ph.D. in economical sciences, associate professor of Economics and strategic development sub-faculty of the Ufa State Petroleum Technological University
YAKOVLEVA Radmila Petrovna
magister student of the program of World Economy and International oil and gas business of Economics and strategic development sub-faculty of the Ufa State Petroleum Technological University
THE ROLE OF GEOPOLITICAL CONFLICTS IN THE TRANSFORMATION OF THE GLOBAL OIL AND GAS MARKET
The article examines the role of the geopolitical factor in the transformation of the global oil and gas market in historical and modern contexts. The main trends in the formation of a new economic reality in the context of the sanctions policy implemented by Western countries against Russia are presented. Based on the analysis carried out several priority areas of development of the Russian oil and gas industry have been identified in order to maintain a leading position and increase competitiveness in the global oil and gas market.
Keywords: geopolitical factor, global oil and gas market, anti-Russian sanctions, diversifications.
References
1. Komshukova OV Sanctions against Iran: goals and consequences. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sanktsii-v-otnoshenii-irana-tseli-i-posledstviya/viewer (date of access: 06/14/2023).
2. World wars of the XX century. Book. 3: World War II. – M., 2002. – S. 354.
3. Russia sanctions Dashboard. [Electronic resource]. – Access mode: https://www.castellum.ai/russia-sanctions-dashboard (date of access: 06/15/2023).
4. Timofeev I. N. Doubtful efficiency? Sanctions against Russia before and after February // Russia in Global Affairs. – 2022. – T. 20. – No. 4. – S. 136-152.
5. BP Energy Outlook 2020. [Electronic resource]. – Access mode: https://www.bp.com/content/dam/bp/business-sites/en/global/corporate/pdfs/energy-economics/energy-outlook/bp-energy-outlook-2020.pdf ( accessed: 14.06.2023)
6. The energy transition didn’t go according to plan. Vedomosti. [Electronic resource]. – Access mode: https://www.vedomosti.ru/economics/articles/2021/09/14/886670-energo perehod-planu (date of access: 06/15/2023).
7. Save who can. Rosneft CEO Igor Sechin spoke at the Energy Panel at SPIEF. [Electronic resource]. – Access mode: https://neftegaz.ru/news/companies/783898-spasaysya-kto-mozhet-glava-rosnefti-i-sechin-vystupil-na-energeticheskoy-paneli-v-ramkakh-pmef (date of access: 18.06 .2023).
8. Sechin announced the complete dependence of Europe on US energy resources after the refusal of gas from the Russian Federation. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/18046551 (date of access: 06/18/2023).
9. Global Economy on Precarious Footing Amid High Interest Rates. [Electronic resource]. – Mode of access: https://www.worldbank.org/en/news/press-release/2023/06/06/global-economy-on-precarious-footing-amid-high-interest rates?intcid=ecr_hp_headerL_en_ext (date accessed: 06/18/2023).
10. Russia will redirect to Asia over 60% of the oil supplied to Europe. Businessman. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5954853 (date of access: 06/15/2023).
11. Safonova T. Yu. Prospects for the development of Eurasian integration in the field of expansion of export cargo flows of Russian gas to friendly countries against the background of the escalation of the energy crisis in the world // Eurasian integration: economics, law, politics. – 2023. – No. 17 (1). – S. 64–75. [Electronic resource]. – Access mode: https://doi.org/10.22394/2073-2929-2023-01-64-75 (date of access: 06/17/2023).
12. Gazprom presented its concept of a gas hub to Turkey. RBC. [Electronic resource]. – Access mode: https://www.rbc.ru/rbcfreenews/648316019a79476749df916d (date of access: 06/17/2023).
ECONOMY. RIGHT. SOCIETY
ALEKHIN Daniil Sergeevich
magister student of the Astrakhan State Technical University
PEREPECHKINA Elena Gennadjevna
Ph.D. in economical sciences, associate professor of the Astrakhan State University
CLUSTERING AS A TOOL FOR CREATING A REGIONAL ECONOMIC MANAGEMENT SYSTEM IN THE CONTEXT OF DIGITALIZATION
Program-target management is a form of implementation of state management of the regional economy. In such a situation, the implementation of sectoral management and development can be carried out using a cluster approach that contributes to the formation of “growth poles” of the regional economy. The use of this approach allows for management based on monitoring the achievement of goals developed within the framework of programs.
Keywords: clusters, economy, control, networking, regions, development.
References
1. Gichiev NS Cluster analysis in the economy: theoretical aspect // Regional problems of transformation of the economy. – 2020. – No. 8 (118). – C. 176-186.
2. Demichev V.V., Maslakova V.V., Nestratova A.A. Clusterization of Russian regions according to the level of agricultural efficiency // Accounting in agriculture. – 2020. – No. 12. – P.58-66.
3. Isaev VG, Protasov Yu.M., Yurov VM Clusterization of organizations of higher education in the Moscow region based on the results of monitoring their activities. Series: Economy. – 2021. – No. 1. – P.93-101.
4. Kostina S.N., Trynov A.V. Cluster analysis of the dynamics of the birth rate of fourth and subsequent children in the regions of the Russian Federation // Economic and social changes: facts, trends, forecast. – 2021. – V.14. – No. 3. – P.232-245.
5. Kuznetsov VN The use of cluster analysis to assess the transport system of regions of the Russian Federation // Universitetskaya nauka. – 2020. – No. 1 (9). – P.71-73.
ECONOMY. RIGHT. SOCIETY
VITYAZEVA Anna Andreevna
postgraduate student of International finance sub-faculty of the Faculty of International Economic Relations of the MGIMO (U) of the MFA of Russia
GREEN FINANCE MARKET IN RUSSIA: PROSPECTS OF DEVELOPMENT
The article is dedicated to the analysis of the current state of the green finance market in Russia. Despite the fact that the green finance market in Russia is at the initial stage of development, “green” financial instruments are becoming increasingly popular, ESG agenda does not lose its relevance despite the current geopolitical situation and the partial breakdown of relations with foreign counterparties. The purpose of the study is to determine the future prospects for the development of green finance market, taking into account the changed external conditions. The paper concludes on the possible directions and trends in the development of green finance in Russia.
Keywords: green finance, green financing, green economy, sustainable development, green bonds, green loans.
References
1. “The image component will lose its importance, those who really need it will continue to invest in ESG.” [Electronic resource]. – Access mode: https://mustread.kept.ru/interviews/imidzhevaya-sostavlyayushchaya-poteryaet-znachenie-investirovat-v-esg-prodolzhat-te-komu-eto-deystvi/ (date of access: 03/12/2023)
2. “Forecast of the long-term socio-economic development of the Russian Federation for the period up to 2030” (developed by the Ministry of Economic Development of Russia). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_144190/
3. The Bank of Russia is expanding the range of sustainable development financing instruments. [Electronic resource]. – Access mode: https://www.cbr.ru/press/event/?id=14327 (date of access: 12.03.2023)
4. The ESG agenda needs a proactive approach. [Electronic resource]. – Access mode: https://bosfera.ru/bo/v-esg-povestke-neobhodim-proaktivnyy-podhod (date of access: 12.03.2023)
5. Annual report “ESG, decarbonization and green finance in Russia 2022” Source: expert and analytical platform “Infrastructure and finance for sustainable development” INFRAGRIN. [Electronic resource]. – Access mode: www.infragreen.ru (date of access: 12.03.2023)
6. Climate Doctrine of the Russian Federation. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_94992/909fe05faf4cc71c8a6b79408d600dcb73cc272e/
7. Main directions for the development of the financial market of the Russian Federation for 2023 and the period of 2024 and 2025. [Electronic resource]. – Access mode: https://www.cbr.ru/Content/Document/File/143773/onfr_2023-2025.pdf (date of access: 03/12/2023)
8. Energy strategy of the Russian Federation for the period up to 2035. [Electronic resource]. – Access mode: https://minenergo.gov.ru/node/1026?accessible-color=1
ECONOMY. RIGHT. SOCIETY
GADIROV Amal Allahveran ogly
master of the Moscow State Institute of International Relations (U) of the MFA of Russia
TRANSITION TO ENVIRONMENTALLY FRIENDLY AND RESOURCE-SAVING ENERGY
Today, the issue of low-carbon energy and its development is often found on the international energy agenda. This topic is actively covered not only in the scientific literature, but also in the framework of international events and summits, while in its modern form it was formed in 2015 under the Paris Agreement. It should be noted that approaches to the problem of low-carbon energy, despite active coverage in the scientific literature, have not exhausted themselves and continue to be actively explored in the Russian and foreign scientific environment, as they have a great potential for conjugation with adjacent areas of scientific knowledge. The article presents a historiographical review of the issue of low-carbon energy, a literary analysis of problematic topics and white spots in the development of low-carbon energy, and an analysis of Russian approaches to this issue. An analysis of the Strategy for Scientific and Technological Development of the Russian Federation is presented, within the framework of which an analysis of that part of it that relates to the development of green energy is carried out. Among the main results of the study stands out: proof of a large number of unexplored elements of the topic, the high importance of low-carbon energy for the development of the industry as a whole; identification of the main theoretical and practical directions for the development of low-carbon energy in Russia, considering the specifics of the energy industry in the country. The limitations of the study, dictated by its nature and objectives, include the lack of a review of statistical sources, but this limitation does not affect the disclosure of the objectives of the study.
Keywords: energy transition, low-carbon energy, green energy, sustainable development, ecology.
References
1. Mehdiev E. T., Sodikov Sh. D. On interregional energy projects with the participation of Central Asian countries (Tapi, Tutap, Iran – Pakistan, Casa-1000) // International relations. – 2017. – No. 3. – P. 68-79.
2. Guliyev I. A., Solovova Yu. V. Adaptation of the corporate and innovation strategy of international oil and gas companies to the trends of the energy transition // Economics: yesterday, today, tomorrow. – 2021. – T. 11. – No. 8-1. – P. 262-269.
3. Sokolova E. S., Egorova L. I., Mekhdiev E. T., Toropova N. V. Shale revolution in the world: achievements and prospects // Oil and gas business. – 2020. – T. 18. – No. 4. – S. 27-39.
4. Bessel V. V., Kucherov V. G., Lopatin A. S., Mingaleeva R. D. Renewable energy in the system of world energy supply / General. ed. K. E. Turbina, I. Yu. Yurgens. – M.: Aspect Press, 2022.
5. Aliev R. A., Zakharcheva K. S. Decarbonization of the world economy as a factor in changing the strategies of energy companies in the 21st century. – M.: MGIMO-University, 2021.
ECONOMY. RIGHT. SOCIETY
NGUYEN Thi Linh
postgraduate student of the Vietnam National University, Hanoi
EMPLOYMENT AND INCOME OF WORKERS IN THE INFORMAL ECONOMY IN VIETNAM
The informal economic sector accounts for a large proportion of the Vietnamese economy. The article is attached to describing the current situation of employment and income of workers in the informal economic sector in Vietnam in the context before and during the Covid-19 epidemic. The Covid pandemic has had a strong impact on all areas of social life. Especially, the disadvantaged group of workers in society is heavily affected by the pandemic.
Keywords: informal economy, workers, employment, income.
References
1. ILO.2016. Informal Work Report 2016
2. ILO.2020, Covid-19 and the world of work.
3. ILO.2020a. The COVID-19 pandemic in Vietnam’s labor market.
4. ILO. 2021b. Global Employment and Social Outlook Trends 2021 Overview.
5. ILO.2020. Covid-19 and jobs: impact and solutions.
6. Main Statistical Office. 2022, Vietnam Informal Employment Survey.
7. To Chong Hung. 2021, Assessing Viet Nam’s Informal Sector Income, Expenditure, and Vulnerability Sustainability: A Layered Analytical Model.
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
TRENDS IN THE INFLUENCE OF DIGITALIZATION ON THE IMPROVEMENT OF PERSONNEL WORK IN MODERN CONDITIONS
The article deals with the issues of improving the efficiency of personnel work arising as a result of the deepening influence of digitalization on all areas of work with personnel. The necessity of using HR technologies to optimize organizational mechanisms for working with personnel and their universality for private enterprises and public institutions is reflected. The author analyzes the features of the introduction of digitalization technologies in the labor market and in the organization of personnel work – automation of employee recruitment, which significantly simplify the functional responsibilities of HR managers and at the same time increase the efficiency of their activities.
Keywords: digitalization, personnel management, recruiting, HR management, digitalization.
References
1. Kaufman N. Yu. The genesis of conflicts in the development of the labor market in the digital economy. Bulletin of the University. – No. 5. – P. 16-22.
2. Kaufman N. Yu. HR technologies in the personnel services market: digitalization of recruiting // Modern research into the problems of human resource management. Collection of scientific articles of the VII International Scientific and Practical Conference. – Moscow, 2022. – P. 158-161.
3. Olshevsky A. V. Digitalization of personnel work in the internal affairs bodies of the Russian Federation // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – P. 81-86.
4. Romanova E. V., Arzhanukhin S. V. The index of digitalization of the organization’s personnel work // Student Scientific Forum 2020. Proceedings of the International Student Scientific Conference. – Moscow, December 01, 2019 – March 06, 2020 / Edited by N. E. Starchikova, responsible. secretary N. I. Nefedova. – Saratov: Eurasian Scientific and Industrial Chamber LLC, 2020. – P. 66-69.
ECONOMY. RIGHT. SOCIETY
SARBAEV Rais Railevich
postgraduate student of the Ufa State Petroleum Technical University
METHODOLOGICAL ASPECTS OF ASSESSING THE RESOURCE BASE OF THE MINING AND METALLURGICAL COMPLEX
The article presents the results of an analytical study of methodological aspects of assessing the resource base, presents their comparative characteristics and examines the very content of the concept of “resource base of the mining and metallurgical complex”.
Keywords: resource base, mining and metallurgical complex, assessment methods.
References
1. Antipenko A. A. Assessment of the state of the Russian industry of metallurgical production // Bulletin of the Omsk University. Series “Economics”. – 2022. – V. 20. No. 3. – S. 5-15
2. Burtseva I. G. Methodological bases for assessing the mineral resource potential: international and Russian experience // News of the Komi Scientific Center of the Ural Branch of the Russian Academy of Sciences. Series “Economic Sciences”. – Syktyvkar, 2021. – No. 2 (48). – P. 61-70.
3. Vysochina M. V., Sulyma A. I. Assessment of the quality of resources in the management process. Bulletin of the Baikal State University. – 2021. – V. 31. No. 1. – S. 25–33
4. Lyutyagin D. V., Zabaikin Yu. V., Seifullaev B. M. Problems of methodological support of the geological and economic assessment of mineral deposits in Russia // Economics: yesterday, today, tomorrow. – 2019. – Volume 9, No. 9B. – P. 483-495.
5. Logvinenko O. A. Transformation of views on the content and methods of economic evaluation of resources of natural origin. Izvestiya USGU. – 2019. – Issue. 4 (56). – P. 160-168.
6. Yurak VV, Ignatieva MN, Polyanskaya IG Teoriya otsenki resursov v ekonomiki prirodopol’zovaniya: territorial’noe aspekt [Theory of resource assessment in environmental economics: territorial aspect]. Economy of the region. – 2021. -T. 17. Issue. 4. – S. 1059-1078.
7. Makhovikova G. A., Kasyanenko T. G. Evaluation of land and natural resources: a tutorial. – Moscow: KNORUS, 2016. – 365 p.
PHILOSOPHY. RIGHT. SOCIETY
BURLOVA Yuliya Alexandrovna
Ph.D. in Law, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE INFLUENCE OF NORMATIVE CONSCIOUSNESS ON THE DYNAMICS OF SOCIAL DEVELOPMENT
The article discusses the mechanisms of the influence of normative consciousness and normative systems on the dynamics of social development, which lie in the fact that any social action always turns out to be normalized. This normativity is manifested not only in the momentary pouring of social practices and social action, but also in the fact that through normative systems there is a separation and transformation of cultural forms – the alienation of the content of normative consciousness from the normative existence of society and their consolidation as external determinants (social ideals). Methodologically, materialistic and idealistic approaches to the study of normative consciousness differ: in the materialist tradition, the alienated content of normative consciousness is presented as the basis of a worldview, while in idealism, researchers deny the objective foundations of a worldview.
Keywords: normative consciousness, public consciousness, social dynamics, activity approach, transformed cultural form, social regulator.
Reference bibliographiclist
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2. Burlova Yu. A. Normativity of consciousness as a socio-philosophical problem // Eurasian legal journal. – 2021. – No. 12 (163). – S. 541-542.
3. Mikeeva OA A look at the problem of the individual in modern social philosophy // Actual problems of philosophy, political science and sociology. Collection of scientific articles. – Stavropol, 2008. – S. 29-33.
4. Baklanova O. A., Dushina T. V. Sociality as a subject of socio-cultural analysis // Sociodynamics. – 2017. – No. 6. – P. 52-58.
5. Lebedeva L. N., Gubanova M. A. Transformations of the cultural form in the Russian society // Humanitarian and social sciences. – 2020. – No. 4. – P. 53-60.
6. Belyaev M. A. Empirical and symbolic in normative systems // Bulletin of the Voronezh State University. Series: Philosophy. – 2014. – No. 4 (14). – P. 129-137.
7. Pokhilko AD Sociocultural autonomy of consciousness: philosophical and anthropological dimension // Dissertation for the degree of Doctor of Philosophical Sciences. – Stavropol, 2007. – 351 p.
8. Sapir E. Selected works on linguistics and cultural studies. – M.: Progress, Univers, 1993.
9. Derkachev G. I., Baklanov I. S. Problems and sources of legitimation of power in modern Russia // Social and humanitarian knowledge. – 2009. – No. 9. – P. 139-144.
10. Whorf B. L. Relationship of norms of behavior and thinking to the language // New in linguistics. – M., 1960. – Issue. 1. – 306 p.
11. Ilyenkov E. V. Ideal // Philosophical Encyclopedia: In 5 vols. T. 2. – M .: Sov. encyclopedia, 1962. – S. 219-227.
12. Marinychev D. A. Worldview idea and normative consciousness of an individual. Innovatsionnaya nauka. – 2019. – No. 10. – P. 65-69.
13. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – S. 136-144.
PHILOSOPHY. RIGHT. SOCIETY
VASENKIN Alexey Vadimovich
Candidate of Philosophical Sciences, Associate Professor, Department of History and Philosophy, Irkutsk National Research Technical University
SOCIAL AND PHILOSOPHICAL ASPECTS OF THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
The article discusses some socio-philosophical aspects of the development of artificial intelligence. Three well-known laws of robotics described by A. Azimov are updated. The expediency of creating and developing systems with strong artificial intelligence is substantiated. Appropriate arguments are given that the development of artificial intelligence is a process of inevitable scientific, technical and social evolution. It is indicated that this development should be carried out taking into account the modern universally recognized precautionary principle, which comprehensively determines scientific and technological progress. The thesis is formulated that artificial intelligence in the near future can create certain social risks that humanity must take into account today in order to ensure the security of future civilizational prospects.
Key words and phrases: artificial intelligence, artificial intelligence, neural network, scientific and technological progress, scientific and technological activity, scientific and technological revolution, philosophy of artificial intelligence.
VASENKIN Alexey Vadimovich
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Irkutsk National Research Technical University
SOCIO-PHILOSOPHICAL ASPECTS OF THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
The article discusses some socio-philosophical aspects of the development of artificial intelligence. Three well-known laws of robotics described by A. Asimov are updated. The expediency of creating and developing systems with strong artificial intelligence is substantiated. The relevant arguments are given that the development of artificial intelligence is a process of inevitable scientific, technical and social evolution. It is indicated that this development should be carried out taking into account the modern universally recognized precautionary principle, which comprehensively determines scientific and technological progress. The thesis is formulated that artificial intelligence in the near future may create certain social risks that humanity should take into account today in order to secure future civilizational prospects.
Keywords and phrases: transhumanism, posthuman, transhuman, technical evolution, scientific and technological progress, scientific and technical activity, scientific and technical revolution, immortalism.
References
1. Azimov A. Khorovod / I, a robot: a collection of storiesov. – M.: Eksmo, 2019. – 320 p.
2. Graham L.R. Natural science, philosophy and sciences of human behavior in the Soviet Union. – M.: Politizdat, 1991. – S. 266-291.
3. Kurzweil R. Merging man with machine: are we moving towards the “Matrix”? / Take the Red Pill: Science, Philosophy and Religion in The Matrix. Sat. – M.: Ultra, 2005. – S. 219-234.
4. Ladygina I. V. Social and ethical problems of robotics // Bulletin of the Vyatka State University. –2017. – No. 7. – P. 27-31.
5. Pospelov D. A. Fantasy or science: on the way to artificial intelligence. – M.: Nauka, 1982. – 224 p.
PHILOSOPHY. RIGHT. SOCIETY
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
YULMUKHAMETOV Azat Abutalipovich
postgraduate student of the Ufa State Petroleum Technological University
THE ROLE OF THE VALUE SYSTEM IN ENSURING AXIOLOGICAL SECURITY AND PREVENTING SOCIAL AND EXISTENTIAL THREATS
The article is devoted to the study of the dialectical unity of the system of values, axiological security, social and existential threats. The authors analyzed the reasons for the rhizomorphism of the value system, pluralization and individualization of the axiological sphere of modern society and the social and existential threats associated with these processes in society.
Keywords: existence of personality, system of values, axiological security, pluralization and individualization of the system of values, rhizomorphism of values, social and existential threats.
References
1. Vildanov Kh.S. To the problem of substantiating axiological security // In the collection: Science today: theory and practice. Collection of scientific works of the international correspondence scientific-practical conference. Ufa State University of Economics and Service. – 2015. – P. 154-157.
2. Colin K. K. Is the virtualization of society a threat to its stability? // Synergetic paradigm. Man and society in conditions of instability. – M.: Progress-Tradition, 2003. – P. 449-462.
3. Vildanov Kh. S., Gainullin R. A. The problem of existential threats and axiological security of multinational and multicultural Russia // Eurasian Law Journal. – 2022. – No. 5 (168). – P. 511-514.
PHILOSOPHY. RIGHT. SOCIETY
IVANOVA Evgeniya Vladimirovna
Ph.D. in science philosophicals, professor of Ontology and theory of knowledge sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
GUSCHINA Olga Alexandrovna
student of the 4th course of the specialty “religious studies” of the First President of Russia B. N. Yeltsin Ural Federal University
THE PROBLEM OF APPLICABILITY OF THE THEORY OF ARCHETYPES BY C.G. JUNG TO THE ANALYSIS OF MODERN RELIGIOUS MYTHOLOGY
The article considers the methodological possibility of applicability of such structural elements of religious mythology as “mytheme”, “mythologeme”, “archetype” (in the interpretation of C. G. Jung) to the analysis of modern religious mythology on the example of P Ivanov’s system and “Religion of Boheme”. It is revealed that in the modern religious mythology of new religious movements there are mythems of archaic myth-making. The specificity of archaic myth-making, which has its own characteristics, is analyzed. It is concluded that modern religious mythology has its own structure, different from the archaic one, and for its analysis it is not possible to use the archetypal images of C.G. Jung. The article invites discussions about the semantic trajectories of the analysis of contemporary plots associated with new religious movements.
Keywords: myth, religion, religious mythology, mytheme, mythologeme, archetype.
References
1. Ivanova E.V. The meaning-forming function of myth (the image of a cultural hero). – Yekaterinburg: UrFU, 2004. – 298 p.
2. Ivanova E. V. Religious mythology: textbook. allowance. – Yekaterinburg: Ural Publishing House. un-ta, 2011. – 187 p.
3. Jung K. G. On the archetypes of the collective unconscious // Archetype and symbol / Comp. and intro. Art. A. M. Rutkevich. – Moscow: “Kanon +”, ROOI “Rehabilitation”, 2023. – P. 105–143.
4. Telegin S. M. The term “mythologeme” in modern Russian literary criticism // Archetypes, mythologemes, symbols in the artistic picture: materials of the International Correspondence Scientific Conference (Astrakhan, April 19–24, 2010) / ed. G. G. Isaeva. – Astrakhan: Astrakhan University Publishing House. – 2010. – P. 14–16.
5. Levi-Strauss K. Structural anthropology. – Moscow: “Nauka”, 1985. – 399 p.
6. CModern religious life in Russia. The experience of systematic description. T. IV. / Rev. ed. M. Burdo, S. B. Filatov. – Moscow: University Book, Logos, 2006. – 366 p.
7. Campbell J. Hero with a thousand faces. – Moscow: REFL-book, Kyiv: AST, 1997. – 378 p.
8. Petrov N. F. Eschatological myth: the myth of the coming death and the subsequent rebirth of the world. – Chelyabinsk: Yuzh.-Ural. book. publishing house, Yuzh.-Ural. ed.-trade. house, 2001. – 108 p.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
FORUM EXTERNUM / FORUM INTERNUM AND THE INFALLIBILITY OF STATE POWER
June 24, 2023 will go down in history as the day of the internal test for the strength of the Russian Federation. The morale that it is not possible to win Russia from the outside, but only from the inside was supplemented by prophecies about the threat of internal unity by turbopatriots. The authorities are fraught with antinomy of personality-individualized and “ex officio”, public-commissioned. Personal is the right of charisma, where the magic of personality acts as an integral part of the myth of power. It is amplified by the mechanics of Ex Officio, the powers of the system and the panoptic of the authorities. In any dimension, the sacredness of power remains an infallible dogma of the Russian Union with God.
Keywords: forum externum – external system of power, forum internum – internal system of power, panopticon of power, sacredness of power.
References
1. Aristotle. Nicomachean ethics. – Moscow; Berlin: Direct-Media, 2020. – 222 p.
2. Bolshakov E. V., Nazarov I. D. The concept of forum internum and forum externum in the theory and history of justice. – Vladimir: Printing house on Rostopchina, 2023. – 276 p.
3. Bolshakov E. V., Nazarov I. D. Principles of the “internal” court (forum internum) through the prism of the worldview of the law enforcement officer // News of the Tula State University. Humanitarian sciences. – 2022. – No. 4. – P. 127-136.
4. Timoshchuk A. S. Sectophobia and mythological consciousness // Actual problems of ethnic, cultural and religious tolerance of the indigenous peoples of the Russian and Mongolian Altai. – Gorno-Altaysk: Publishing house of GAGU, 2008. – P. 204–214.
5. Alesina A., Rosenthal H. Partisan politics, divided government, and the economy. – Cambridge: Cambridge University Press, 1995. – 280 p.
6. Bonotti M. Partisanship and Political Obligation // Politics. – 2012. – Volume 32. – Issue 3. – P. 153-161.
7. Bulman-Pozen J. Partisan federalism // Harvard Law Review. – 2014. – Vol. 127. – No. 4. – P. 1077-1146.
8. Schmidt M. When parties matter: A review of the possibilities and limits of partisan influence on public policy // European Journal of Political Research. – 1996. – Volume 30. – Issue 2. – P. 155-183.
PHILOSOPHY. RIGHT. SOCIETY
IGNATOVA Yuliya Evgenjevna
postgraduate student of Philosophy, law and social sciences and humanities sub-faculty of the Armavir State Pedagogical University
LUKYANOV Gennady Ivanovich
Ph.D. in science philosophicals, associate professor, professor of Economics and management sub-faculty of the Faculty of Engineering and Economics of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University
SOCIAL TRUST AS A FACTOR IN THE FUNCTIONING OF VALUE-NORMATIVE SYSTEMS IN RUSSIAN SOCIETY
The article deals with the socio-cultural features of Russian legal consciousness, which is closely related to the normative systems of religion and morality. The authors show the correlation of moral, religious and legal consciousness in modern Russia. It is indicated that legal consciousness contains not only rational, but also irrational elements. In Russian conditions, it is difficult to differentiate from such related normative forms as morality and religion. It is substantiated that gaps and conflicts between moral (moral) and legal consciousness lead to dysfunction of legal consciousness and the generation of legal nihilism as a marker of the crisis of the legal system. The values of law grow from moral and religious ideas, which are actually interconnected and form a single value-normative space in which there are complementaries, compensations by normative systems of each other, switching and transfer of the center of gravity from one system to another , depending on the tasks facing society. Each of the systems forms its own format of reflections, standardizations and formalizations.
Keywords: Russian society, social trust, law, politics, morality, religion, legal consciousness, values, social institutions.
References
1. Fukuyama F. Trust. Social virtues and the path to prosperity. – M.: AST, Ermak, 2004. – 730 p.
2. Baklanova O. A., Dushina T. V. Sociality as a subject of sociocultural analysis // Sociodynamics. – 2017. – No. 6. – P. 52-58.
3. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
4. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 214-217.
5. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. – 2022. – No. 4 (45). – P. 112-115.
6. Mogilevsky V. D. Methodology of systems: verbal approach. – M.: Economics, 1999. – 256 p.
7. Gaibkhanova L. Ya. Law, religion and morality // Nature. Human. Culture. Materials of the First International Scientific and Educational Forum. Under the general editorship of S. E. Turkulets E. V. Listopadova. – M., 2018. – P. 130-134.
8. Perepelkin V. I., Kuzmin Yu. A. The relationship of morality and legal consciousness // Oeconomia Et Jus. – 2019. – No. 4. – S. 47-52.
PHILOSOPHY. RIGHT. SOCIETY
SEREGIN Alexey Anatoljevich
postgraduate student of Complex of humanitarian disciplines sub-faculty of the Russian State Social University
PRINCIPLE OF ANALYSIS OF INTERRELIGIOUS RELATIONS
The article reveals the main methods and approaches in the study of such a complex and multifaceted social phenomenon as interreligious relations. The article describes a set of elements of religious activity that determines the specifics of interreligious relations. The concept of objective and subjective sides as an expression of material and imaginary reality is explained. It is also shown that, being a part of social relations, interreligious relations have their own distinctive features because they are built on the principles of faith and the priority of spiritual and practical values.
Keywords: social relations, public reason, religion, interreligious relations, spiritual sphere, absolute, dialogue, animism.
References
1. Cornille C. (2013). Introduction // The Wiley-Blackwell companion to inter-religious dialogue / Ed. C. Cornill. – Chichester: John Wiley & sons.
2. Goncharov V. N. Leonova N. A. Social relations in the context of various concepts of the origin of religion as a problem of socio-philosophical analysis // Fundamental research. – 2014. – No. 12 (part 8). – S. 1812-1816.
3. Comte-Sponville, André. Philosophical Dictionary / Per. from fr. E. V. Golovina. – M.: Eterna, 2012. – 752 p.
4. Social philosophy: Dictionary / Comp. and ed. V. E. Kemerov, T. Kh. Korimov. – 2nd ed., Rev. and additional – M.: Academic project; Ekaterinburg: Business book, 2006. – 624 p. (“Summa”).
5. Taylor E. B. Primitive culture / Translation from English; Edited, with a preface and notes by Prof. V. K. Nikolsky. — State socio-economic publishing house. – Moscow, 1939. – 568 p.
6. D’Agostino, F. Free Public Reason: Making It Up as We Go. – Oxford University Press, 1996.
PHILOSOPHY. RIGHT. SOCIETY
STEPANENKO Alexey Sergeevich
Ph.D. in science philosophicals, associate professor, Head of Humanities and socio-economic sciences sub-faculty, Director of the East Siberian (Branch) of the Russian State University of Justice, Irkutsk
USE OF ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY OF SCIENTIFIC SEARCH RESULTS
Artificial intelligence has transformed the existing mechanism of scientific research and revolutionized scientific search and analysis, allowing researchers to process huge amounts of data and extract the necessary information. At the same time, the use of artificial intelligence in scientific research raises important questions concerning the ownership, protection and sharing of intellectual property rights, as a natural and important question arises: Who owns the intellectual property of the published scientific research? The relevance of this study is to try to find an answer to this question. The object of research is human cognitive activity, the subject of research is scientific search as a system of categories, values, principles of scientific research organization. The purpose of this article is to present a detailed analysis of the use of artificial intelligence in scientific research and the associated consequences of securing intellectual property rights. This study examines the opportunities provided by artificial intelligence in scientific research, legal and ethical considerations related to intellectual property, and potential strategies for solving these problems.
Keywords: intellectual law, cognition, open science, methods of cognition, copyright.
References
1. Davies C. R. An evolutionary step in intellectual property rights–Artificial intelligence and intellectual property // Computer Law & security review. – 2011. – T. 27. – No. 6. – S. 601-619. DOI 10.1016/j.clsr.2011.09.006.
2. Seskir Z. C., Willoughby K. W. Global innovation and competition in quantum technology, viewed through the lens of patents and artificial intelligence // International Journal of Intellectual Property Management. – 2023. – T. 13. – No. 1. – S. 40-61. DOI 10.1504/IJIPM.2023.129076.
3. Gupta P. K., Prasanna D. V., Raghunath S. S. How artificial intelligence can undermine security: an overview of the intellectual property rights and legal problems involved // Applications in Ubiquitous Computing. – 2021. – S. 37-58. DOI 10.1007/978-3-030-35280-6_3.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in science philosophicals, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
NATIONAL CONSCIOUSNESS, TRENDS AND PROSPECTS FOR ITS DEVELOPMENT IN THE MODERN WORLD
The author analyzes certain aspects of national self-consciousness at the present stage of world development. What are the possible prospects for national identity in the modern era.
Keywords: national identity, nation, population, localization, identity, ethnicity, world confessions.
References
1. Guboglo M. N. Identity identification: Ethnosociological essays / Institute of Ethnology and Anthropology. N. N. Miklukho-Maclay. –M.: Nauka, 2003. – P. 591.
2. Anderson B., Bauer O., Hrokh M. et al. Nations and nationalism / Per. from English. and German. – M.: Praxis, 2002. – S. 43.
PHILOSOPHY. RIGHT. SOCIETY
MARKOVA Natalya Mikhaylovna
Ph.D. in science philosophicals, associate professor of the Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletovs Vladimir State University
MORAL FREEDOM: SOME ASPECTS OF THEOLOGICAL AND PHILOSOPHICAL UNDERSTANDING
The article is dedicated to the problem of understanding moral freedom by Orthodox authors of the 19th-20th centuries. Moral freedom or free will was an important aspect of moral theology, understanding freedom as a gift from God. In this regard, in Orthodox theology it is customary to single out natural or formal freedom and moral – true real. Moral freedom is understood as the freedom of personal formation, self-determination, self-action within the boundaries that God has established. In this regard, moral freedom, according to Orthodox theology, is not absolute, but conditional. The main direction in which free will is realized and which predetermines the fate of each person is a free choice in favor of good or evil. This choice is the main criterion for the self-realization of a person who has moral freedom.
Keywords: moral freedom, free will, Christianity, Orthodoxy, good and evil.
References
1. Archimandrite Platon (Igumnov). Orthodox moral theology. [Electronic resource]. – Access mode: https://seminaria.kz/wp-content/uploads/2018/03/Arhim.-Platon-Igumnov.-Pravoslavnoe-nravstvennoe-bogoslovie.pdf (date of access: 1.06.2023)
2. Abbot Filaret (Voznesensky). Abstract on moral theology. – M., 1990 – 111 p.
3. Leonov V., priest. The freedom of man in Christ and without Christ. Theological experience. // Counseling psychology and psychotherapy. – 2010 – № 3. – P. 110-121
4. Menstrov M. Lessons on Christian Orthodox moral teaching. – St. Petersburg: Edition of I. L. Tuzov, 1914. – 333 p.
5. Fundamentals of the teaching of the Russian Orthodox Church on dignity, freedom and human rights. [Electronic resource]. – Access mode: http://www.patriarchia.ru/db/print/428616.html (date of access: 2.06.2023)
6. Dictionary of ethics. [Electronic resource]. – Access mode: https://ethics.academic.ru/308/%D0%A1%D0%92%D0%9E%D0%91%D0%9E%D0%94%D0%90_%D0%92%D0 %9E%D0%9B%D0%98 (date of access: 06/04/2023)
7. Stelletsky N. The experience of moral Orthodox theology in apologetic coverageenii. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Nikolaj_Stelleckij/opyt-nravstvennogo-pravoslavnogo-bogoslovija-v-apologeticheskom-osveshenii/ (date of access: 1.06.2023)
8. Shimansky G. I. Synopsis of moral theology. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Germogen_Shimanskij/konspekt-po-nravstvennomu-bogosloviyu/ (date of access: 06/05/2023)
PHILOSOPHY. RIGHT. SOCIETY
SEMKIN Andrey Vladimirovich
postgraduate student of Philosophy sub-faculty of the Humanitarian Institute of the North Caucasus Federal University, Stavropol
VALUE FOUNDATIONS OF COMMUNICATION IN THE ASPECT OF THE STUDY OF THE MODERN SOCIAL SYSTEM AND THE LIFE WORLD OF SOCIAL SUBJECTS
The article deals with the phenomenon of communication, the study of which has become one of the central ones in modern social theory thanks to the ideas of Jürgen Habermas. For him, communication is the basis for the existence of the sphere of communication of social subjects, which he called “the life world”. It is within the framework of the lifeworld that the emergence of what J. Habermas calls “communicative rationality” takes place, which ideally should become the basis for the development and existence of not only the lifeworld, but also another component of society – the ” system”, by which Habermas understands the totality of political, legal and economic institutions. The theory of communicative action creates the conditions for social interaction between social actors to be considered taking into account the peculiarities and nuances of the existence of modern society and the value orientations of social actors in the situation of their communication.
Keywords: society, communication, social system, life world, values, rationality, communicative action, instrumental action.
References
1. Inozemtsev V. A., Ivlev V. Yu., Inozemtseva Yu. V. Influence of informatization and development of information and communication technologies on the formation of a new social reality. – 2020. – No. 4 (84). – S. 2.
2. Baklanova O. A., Semkin A. V., Yugay V. V. Value bases of socio-cultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
3. Aristotle. Rhetoric. Poetics. – M.: AST, 2018.
4. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
5. Castells M. The power of communication. – M.: HSE Publishing House, 2020.
6. Luman N. Society as a social system. Luman. – M.: Nauka Publishing House, 2004.
7. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclusiones. – 2020. – V. 7. – No. 4. – R. 362-368.
8. Rostova A. T., Kilyashanov M. Kh., Tishchenko A. V., Baklanov I. S. Axiological attitudes and patterns of formation of the symbolic space of the functioning of society // Nauka. Education. Modernity. – 2017. – No. 1-2. – P. 78-81.
9. Habermas Yu. Moral consciousness and communicative action. – M.: Nauka, 2001.
10. Habermas J. Philosophical discourse on Modernity. twelve lectures. 2nd ed., rev. – M .: Publishing house “Ves Mir”, 2008. – 416 p.
11. Baklanov I. S. Sociocultural and communicative content of the concept of rationality in modern social philosophy // Bulletin of the North Caucasian State Technical University. – 2011. – No. 5. – S. 83-86.
PHILOSOPHY. RIGHT. SOCIETY
YUGAY Vitaliy Vladimirovich
postgraduate student of Philosophy sub-faculty of the humanitarian Institute of the North Caucasus Federal University, branch in Stavropol
SOCIAL RISKS OF SELF-IDENTIFICATION OF A SOCIAL SUBJECT IN MODERN RUSSIA
The article deals with internal social risks in the process of self-identification of a social subject in Russia. In modern society, the digital environment changes established habits, blurs the cultural experience of past interactions. For many people, extreme risk-generating situations change the system of views on the world and on oneself in it. It is emphasized that self-identification is now a complex phenomenon, since individuals are integrated into different levels of social organization, each of which is rapidly developing new conditions of life and its own risks arise. In the information society, the existing unique features of digital technologies greatly facilitate life processes, for example, now a lot can be done through social networks, given that the Russian electronic market is one of the fastest growing in the world. The reverse side of the expanding technologization and digitalization of modern life is associated with the increased vulnerability of man as a biosocial being to dangers and risks. At the same time, the desire to preserve the features of Russian development allows for a certain continuation of the indigenous traditions developed over a thousand-year history that influence the processes of self-identification of the subjects of Russian society.
Keywords: social philosophy, risks, society, digitalization, technologies, self-identification, values, activity of subjects.
References
1. Gubanova M. A. Human transformation in the global network society // Bulletin of the Armavir State Pedagogical University. – 2020. – No. 4. – P. 103-109.
2. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
3. Baklanov I. S., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: socio-philosophical aspect. Vestnik Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
4. Kukartseva (Glaser) M. A., Ivlev V. Yu., Novik N. N. Discourses of biopolitics and human security in the context of new challenges and threats to humanity // Questions of Philosophy. – 2021. – No. 2. – P. 42-52.
5. Pokhilko A. D., Gubanova M. A. Search for a methodology for studying Russian national identity // Scientific Thought of the Caucasus. – 2010. – No. 4 (64). – P. 24-28.
6. Gubanov N. N., Gubanov N. I., Cheremnykh L. G. The science of the essence of risk and the characteristics of the risk situation // Humanitarian Bulletin. – 2017. – No. 11 (61). – S. 4.
7. Mikeeva OA A look at the problem of the individual in modern social philosophy // Actual problems of philosophy, political science and sociology. – Stavropol, 2008. – S. 29-33.
8. Berdyaev N. A. The fate of Russia: experiments on the psychology of war and nationality. – M.: Ed. G. A. Leman, S. I. Sakharova, 1918. – 240 p. (reprint edition)
9. Baklanov I. S. Biological and social prerequisites for the existence of intellectualism // Bulletin of the Volgograd State Medical University. – 2004. – No. 12. – P. 90-93.
10. Bobrova L. A. Consequences of “digitalization” of a person for the brain // Man: image and essence. – 2020. – No. 4 (44). – P. 89-101.
PAVLOVA Mariya Alexandrovna
Deputy Head of Legal expertise of decisions of the Commission of the Legal Department of the Eurasian Economic Commission
KHARITONOVA Evgeniya Mikhaylovna
student of the 3rd course of the Institute of Law and National Security (specialty – customs) of the RANEPA under the President of the Russian Federation
INTERNATIONAL BUSINESS IN THE CONTEXT OF EURASIAN INTEGRATION
The present study is aimed at considering the opportunities, features and prospects of doing business within the framework of the functioning of the Eurasian Economic Union and is aimed at the need to attract the attention of all stakeholders to enhance interaction in order to effectively develop coordinated approaches and mechanisms to ensure the conduct and development of Eurasian business and international trade in general.
aim. To identify the functional significance of the Eurasian Economic Union in terms of conducting Eurasian business as a component of world trade.
tasks. To analyze the picture of international business, to determine the features of international trade carried out within the framework of integration associations and in the Eurasian union, as well as to consider possible prospects for the development of business models in the Eurasian space and the implementation of international trade by the Eurasian Economic Union, taking into account modern realities.
methods. In this paper, using the methods of logical, comparative and predictive analysis, positive trends towards the development of international business with the predominant participation of the Eurasian Economic Union are revealed.
results. The study showed that integration is an effective tool for economic development and strengthening international relations. The Eurasian Economic Union is precisely such an instrument on the platform of which interaction and strategic decision-making are carried out, ensuring the development of international trade.
Conclusion. The Eurasian Economic Union plays a significant role in the modern world, providing its members with comparative advantages and opportunities for business expansion. Meanwhile, it is necessary to stimulate the development of cooperation between the Eurasian states, including in production cooperation and specialization, taking into account common practices, activation of production and innovation policy, paying attention to the coordination of components, the synchronization of which should be the goal of the Eurasian association.
Keywords: The Eurasian Economic Union, the Treaty on the Eurasian Economic Union of May 29, 2014, world trade, integration.
References
1. Shumsky N. Integration in the Commonwealth of Independent States: problems and prospects // Mirovaya ekonomika i mezhdunarodnye otnosheniya. 1999. No. 11.
2. Official website of the Eurasian Economic Union. – [Electronic resource]. – Access mode: http://www.eaeunion.org/ (date of access: 06/16/2023).
3. Statistics of foreign and mutual trade in goods. – [Electronic resource]. – Access mode: http://www.eurasiancommission.org/ru/act/integr_i_makroec/dep_stat/tradestat/Pages/default.aspx (date of access: 06/16/2023).
4. Shlaev D. V., Kipkeeva D. R. Essence and forms of international economic integration. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46572379 (date of access: 06/16/2023).
5. Alexei Overchuk’s opening remarks at the 2023 Russian Business Weeks Integration Forum, Moving the Horizon: The Strategy of Eurasian Economic Integration in the New Conditions and the Role of Business – [Electronic resource]. – Access mode: http://government.ru/en/news/47932/ (accessed 06/17/2023).
INTERNATIONAL LAW
EFENDIEV O.F.
Ph.D. in Law, professor of international law
THE AZERBAIJANI-RUSSIAN DECLARATION ON ALLIED COOPERATION IS AN IMPORTANT INTERNATIONAL LEGAL ACT OF OUR TIME
This article discusses current international legal issues concerning the meaning and necessity of concluding this Declaration. The necessity is justified not only for the Parties to recognize each other’s territorial integrity, strengthen and develop multilateral cooperation and partnership, but also for the speedy transformation of the South Caucasus into a zone of genuine peace and good-neighborliness.
Keywords: Moscow Declaration, allied cooperation; Russia, Azerbaijan international legal act; South Caucasian states; military assistance; development of mutually beneficial foreign economic relations, and others.
Reference bibliographiclist
1. For more details, see, for example, Shurshalov V. M. Basic questions of the theory of international treaty. Publishing House of the Academy of Sciences of the USSR, M., 1959; Tunkin G.I. Questions of the theory of international law. Moscow: Yurizdat, 1962; Lisovsky V.I. International law. Kyiv: Publishing house of KGU, 1955; Lukin P. I. Sources of international law. Publishing House of the Academy of Sciences of the USSR. M., 1960; Course of international law in six volumes. T. 1. M.: Publishing house “Nauka”, 1967. S. 167-195; International public law. Textbook. Rep. ed. K. A. Bekyashev. M.: Prospekt Publishing House, 2008. S. 25-31; Course of international public law. Textbook. A common part. T. 1. Baku, 2018. S. 226-308 (in Azerbaijani) and others.
2. See Diplomatic Dictionary. T. 1. M .: Politizdat, 1960. S. 427; International law. Textbook. Rep. ed. G. V. Ignatenko, O. I. Tiunov. M., 2006. 4th edition. pp. 33-48; International law. Textbook. L. P. Anufrieva and others, responsible. ed. K. A. Bekyashev. M., 2015. S. 26-31; P. N. Biryukov. International law. Textbook for high schools. 6th ed., revised. and additional M., 2013. Ch. 5. P. 119-133 and others.
3. [Electronic resource]. – Access mode: https://azertag.az/en/xeber/ from 22.02.2022
4. See O. F. Efendiev. On the inconsistency of the attempts of the Armenian side in the Armenian-Azerbaijani conflict, to legally substantiate “the right of the Nagorno-Karabakh population to self-determination, up to separation from Azerbaijan” // “Transport Law”. Baku. HAC. 2012. No. 3. P. 66-78.
5. An example is the 1992 Rio Declaration on Environment and Development.
6. This applies in particular to the 1948 Universal Declaration of Human Rights.
7. For example, the 1984 United Kingdom-China Joint Declaration on Hong Kong
8. A typical example is declarations (statements) under an optional provision of the Statute of the International Court of Justice, which create a legal bond between the parties making them, although they are not directly addressed to each other; or; the unilateral Declaration on the Suez Canal made by Egypt in 1957 and the procedure for its operation, which was considered as an obligation of an international nature, etc.
9. For more details, see O. F. Efendiev. On the international legal significance of the Shusha Declaration on Allied Relations between Azerbaijan and Turkey // ELMI-NEZERI, TECRUBI. Baku. 2021. No. 3. P. 28-38 and others.
10. Such, for example, is the Swiss Declaration of Permanent Neutrality, recognized by other countries, and legally binding both the state that made it and other states; or the Stockholm Declaration of Neutrality of 1938, signed by Denmark, Norway, Finland and Sweden, which determined the rules for the admission of ships of warring powers to the ports and territorial waters of neutral states; Berlin Declaration on the Defeat of Germany and the Assumption of Supreme Power by the Governments of the Four Allied Powers in 1945, etc.
11. For more details, see, for example, V. M. Shumilov. International economic law in the era of globalization. Publishing House “International Relations”. M., 2003; O. F. Efendiev, E. A. Aliev. Foreign economic activity of modern Azerbaijan. Publishing house “Zardabi”. Baku, 2007, etc.
12. It should be noted that the importance of the Russian market for Azerbaijan is determined by its attractiveness for producers of non-oil sectors, the development of which is given exceptional importance in Azerbaijan. Thus, the products of the agro-industrial sector, including food products and agricultural raw materials, occupy leading positions in the structure of Azerbaijani exports to Russia, accounting for 61.14% of the total volume.
13. The participants of the Agroexpraess project – the Azerbaijani company Alliance Logistics and the Russian Railways Company (RZD) will provide transport services to this southern direction.
14. For more details, see, for example, E. A. Aliev. Modern international transport law. Textbook. A common part. LAP Lambert Pub. (Germany), 2015; on and e. International transport law and its institutions. Textbook. Publishing house “Gunesh”. Baku. 2016; O. F. Efendiev. On the issue of international legal regulation of some modern transport routes (ways) // Journal “Transport Law”. 2019. No. 1. P. 10-22 and others.
15. Thus, in 2021 alone, more than 150 bilateral meetings between Russian companies and state-owned companies of Azerbaijan took place, as a result of which a number of agreements were concluded. For example, an agreement between the EVRAZ Group of Companies and the contractor AZhD for the supply of rail products intended for the reconstruction of the Zangezur corridor and other railway lines within the framework of the ITC in the amount of $ 25 million; several flagship projects of Russian business in Azerbaijan were implemented; an assembly plant for commercial trucks was launched (GAZ Group), a helicopter service center was created (Russian Helicopters JSC), the production of NOVA-340 grain harvesters (Rostselmash LLC) was put on the conveyor, Russian-made railcars are being delivered to Azerbaijan (JSC “Altaivagon”), etc.
16. See, for example, Russia’s Economic Security: A General Course. Textbook. Ed. Senchagova V. K. 2nd edition. M. “Case”. 2005; L. P. Goncharenko. Security management. Tutorial. M., 2005, etc.
17. [Electronic resource]. – Access mode: https://zerkalo.az/prezidenty-azerbajdzhana-i-turtsii-podpisali-shushinskuyu-deklaratsiyu/
INTERNATIONAL LAW
DROZDOVA Maria Alexandrovna
Ph.D. in Law, associate professor, associate professor of History, philosophy, political science and sociology sub-faculty of the Emperor Alexander I St. Petersburg State Transport University
UDALOVA Darya Viktorovna
Ph.D. in economic sciences, senior lecturer of Accounting and auditing sub-faculty of the Emperor Alexander I St. Petersburg State Transport University
THE EURASIAN TRANSPORT FRAMEWORK AS A DRIVER FOR THE DEVELOPMENT OF INTERNATIONAL COOPERATION IN THE TRANSPORT AND LOGISTICS SECTOR WITHIN THE EEU
The article examines the current trends in the development of the transport and logistics industry within the EAEU, the formation of the current basis of international legal regulation in this area, the analysis of new interstate and national regulations governing the transformation of the paradigm of transport development of the Eurasian region. The complex geopolitical situation poses new challenges in ensuring logistical connectivity of Russia with its international partners, the digitalization of the economy and the introduction of Industry 4.0 technologies create both new opportunities and the need to increase the innovative potential of the industry to ensure its competitiveness at the global level. The study of the prospects of implementing the project “Eurasian transport framework”, taking into account the current socio-economic situation and the international sanctions imposed on Russia, allows us to formulate proposals for improving the regulatory framework to improve the effectiveness of transport and logistics policy within the EAEU.
Keywords: international law, international legal regulation of transport, international transport and logistics ecosystems, EAEC.
References
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2. Voskresenskaya T. P., Pokrovskaya O. D. Methods and algorithmization of decision-making on the formation of a terminal network in the region // Bulletin of the Ural State University of Communications. – 2010. – No. 3 (7). – S. 74-84.
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6. Mokhonko V. P., Isakov V. S., Kurenkov P. V. Problems of creating a situational-analytical system for managing the transportation process in railway transport // Bulletin of transport information. – 2004. – No. 9. – P. 22.
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10. Pokrovskaya O. D. Logistic management: mathematical foundations of terminalistics, marking, classification and identification of railway transport logistics objects. – Kazan, 2017. – 281 p. – ISBN: 978-5-906873-52-1.
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INTERNATIONAL LAW
MANEVICH Viktoriya Vasiljevna
postgraduate student of International law sub-faculty of the Diplomatic Academy of the MIA of Russia
CYBERATTACKS AND CYBERWARFARE IN ARMED CONFLICTS OF CYBERSPACE AS A SUBJECT OF REGULATION OF INTERNATIONAL HUMANITARIAN LAW
The author focuses on the problems and challenges related to the legal regulation of cyberattacks and cyberwarfare in cyberspace within the framework of international humanitarian law; highlights the issues of the application of IHL and the need to supplement it with new norms, examines the issues of responsibility for cyberattacks during armed conflicts.
Keywords: armed conflicts, cyberattacks, cyberwar, cyberspace, international humanitarian law, challenges, problems.
References
1. Korotkov S., Smirnov A. On the relationship between cybercrime and international humanitarian law in the context of ensuring international information security. [Electronic resource]. – Access mode: https://interaffairs.ru/news/show/38329?ysclid=lhg6dbyzvh926009014
2. Cordula Drege. Number 886, Volume 94: “New technologies and warfare” Get off my cloud: cyber warfare, international humanitarian law and the protection of civilians. P. 58. [Electronic resource]. – Access mode: https://international-review.icrc.org/sites/default/files/reviews-pdf/2020-10/IRRC_886_extractRUS_Get_off_my_cloud.pdf
3. Danelyan A. A. International legal regulation of cyberspace. [Electronic resource]. – Access mode: file:///C:/Users/HP/Downloads/mezhdunarodno-pravovoe-regulirovanie-kiberprostranstva%20(1).pdf
4. Verhelst E., Wouters J. Global governance in the field of cybersecurity: a view from the perspective of international law and EU law // Vestnik mezhdunarodnykh organizatsii. 2020. No. 2. C. 141-172.
5. Krasikov DV International legal responsibility of states in cyberspace. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodno-pravovaya-otvetstvennost-gosudarstv-v-kiberprostranstve/viewer
6. Zinoviev E. International information security in bilateral relations between Russia and the USA. February 22, 2023. [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/mezhdunarodnaya-informatsionnaya-bezopasnost-v-dvustoronnikh-otnosheniyakh-rossii-i-ssha/?ysclid=lhhlu4z6s8602015415
7. Garkusha-Bozhko S. Yu. 2023. “Definition of armed conflict in cyberspace” // Bulletin of St. Petersburg University. Law 1: 194-210. [Electronic resource]. – Access mode: https://doi.org/10.21638/spbul4.2023.112
8. Cyber warfare, is it really that dangerous and what are the possible consequences for the warring parties. March 14, 2023. [Electronic resource]. – Access mode: https://warways.ru/tehnologii/kiberataka.html?ysclid=lhhza7y0ry899742386
9. Moroz N. 0. 2016. International legal framework for ensuring international information security. [Electronic resource]. – Access mode: http://elib.mitso.by/bitstream/edoc/1799/1/2016%20%20-%201-079-083.pdf
10. Aevashova O.V. Vitok A.A. Provisions of the Council of Europe Convention on Cybersecurity // Law and Law. 2021. No. 11. C. 128-130.
11. Shmatkova L. P. International cooperation in the fight against cybercrime: the state and prospects of Shmatkov. Text: direct // Young scientist. 2016. No. 28 (132). pp. 720-723.
12. Sosnovskaya Yu. N., Markina E. V. On the issue of international cooperation in the field of countering cyberterrorism // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2022. No. 3. C. 253-256.
INTERNATIONAL LAW
MONAKHOV German Dmitrievitch
student of the School of Law of the Far Eastern Federal University
THE FUTURE OF THE INTERNATIONAL CRIMINAL JUSTICE SYSTEM
In this article, the author examines the trends in the development of the international criminal justice system, and also suggests its potential variant. The author in his article comes to the conclusion that regionalization is the leading trend in the development of international criminal justice. These conclusions are based on the problems of the legitimacy of the ICC in African countries, on the gradually increasing trend of regionalization of universal jurisdiction within the framework of the African Union, as well as on the analysis of the process of adoption of regional African documents on the punishment of international crimes. It seems to the author that a more effective model of the international criminal justice system will be a model that reflects the regional peculiarities of judicial systems and the legal consciousness of local residents, which is most relevant for African countries. The author also comes to the conclusion that the regionalization of international criminal law will not lead to significant criminal consequences precisely if the regional bodies of the international criminal justice system are committed to the general principles of criminal procedure law, as well as fundamental human rights.
Keywords: ICC, African Union, regionalization of international criminal law, regionalization of universal jurisdiction, Habre case, Malaba Protocol, genocide in Rwanda.
References
1. Akena M. Acholi Leaders Criticize ICC’s Operations // The Monitor Paper. – 2009. – August. – P. 63-71.
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3. Buergenthal T., Proliferation of International Courts and Tribunals: Is It Good or Bad? // Leiden Journal of International Law. – 2001. – June 1. – P. 267-272.
4. Charney J. Is International Law Threatened by Multiple International Tribunals // Collected Courses of the Hague Academy of International Law. – 1998. – P. 105-125.
5. Dorf M., Sabel C. A Constitution of Democratic Experimentalism // Cornell Law Faculty Publications. – 1998. – March. – P. 267-473.
6. Fall M. The Extraordinary African Chambers: The Case of Hissène Habré // Africa and the International Criminal Court Asser Press – 2014. – P. 117-131.
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8. Mettraux G. Crimes Against Humanity in the Jurisprudence of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda // Harvard International Law Journal. – 2002. – No. 43. – P. 237-216.
9. Mubiala M. Vers une justice pénale régionale en Afrique // International Review of Penal Law. – 2012. – No. 83. – P. 547-557.
10. Mundis D. From “Common Law” Towards “Civil Law”: The Evolution of the ICTY Rules of Procedure and Evidence // Leiden Journal of International Law. – 2001. – No. 14. – P. 367-382.
11. Tessema M., Vesper-Gräske M. Africa, the African Union and the International Criminal Court: Irreparable Fissures? // Torkel Opsahl Academic EPublisher. – 2016. – No. 56. – P. 1-3.
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INTERNATIONAL LAW
MKRTCHYAN Gayane Yashaevna
First Secretary of the Embassy of the Republic of Armenia in the Russian Federation, postgraduate student of the 2nd course of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
INTERNATIONAL STANDARDS FOR THE PROTECTION OF THE RIGHTS OF INDIGENOUS PEOPLES
With over 400 million distinct indigenous peoples in the world today, who together represent only 5% of the world’s population but account for around 15% of the world’s poorest people, it would appear that indigenous peoples are socially and economically unsaved and therefore in need of special protection by the global community. For these reasons, international standards for the protection of indigenous peoples’ rights are being developed, and will be discussed within this paper.
Keywords: human rights. Indigenous peoples, international standards.
References
1. Analysis of the Russian and foreign legal framework, international legal acts, as well as law enforcement practice in the field of protecting the rights of indigenous peoples of the North, Siberia and the Far East of the Russian Federation. – M.: Publication of the State Duma, 2019. – 272 p.
INTERNATIONAL LAW
SOSHNIKOV Anton Borisovich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PARTICIPANTS IN ARMED CONFLICTS THROUGH THE PRISM OF INTERNATIONAL HUMANITARIAN LAW
In this article, the author examines the legal framework for determining who qualifies as a «participant» in armed conflicts under international humanitarian law. The author argues that a clear understanding of the legal status of participants is necessary to protect civilians and other non-combatants in war zones, as well as to hold accountable those who violate the rules of engagement. The author reviews the relevant provisions of the 1949 Geneva Conventions and their 1977 Additional Protocols, as well as customary international law, to identify different categories of participants in armed conflicts, including combatants, prisoners of war, and civilians. The article also examines the legal status of non-state armed groups and private military companies. The author concludes that a nuanced and flexible approach is necessary in determining the legal status of participants in armed conflicts, taking into account the evolving nature of contemporary conflicts and the changing roles of the various actors in those conflicts. This article is a valuable contribution to the ongoing debate on the legal framework of armed conflicts and will be of interest to scholars, policymakers and practitioners of international humanitarian law.
Keywords: armed conflicts, international humanitarian law, Geneva Conventions of 1949, Additional Protocols of 1977, combatants, prisoners of war, civilians, non-state armed groups, private military companies, rules of engagement, evolving nature of conflicts.
Reference list
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4. Bisultanov A. K. Action of international humanitarian law in personae and armed groups // Law and Law. 2015. No. 11. P. 146-150.
5. Bisultanov A. K. Activities of private military and security companies: the need for regulation within the framework of international humanitarian law // Education. The science. Scientific personnel. 2015. No. 6. P. 59-61.
6. Bisultanov A. K. International criminal justice and the fight against violations of international humanitarian law // Eurasian Law Journal. 2015. No. 9.
7. Blishchenko IP Conventional weapons and international law. M.: Intern. relations, 1984, pp. 85-95.
8. Boucher-Saulnier F. Practical Dictionary of Humanitarian Law. M.: Publishing house “VPK”, 2004. S. 14.
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11. Kalugin V. Yu. The course of international humanitarian law. Minsk: Tesey, 2006. S. 15-26
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13. Martynenko E. V., Bisultanov A. K. Hybrid War and International Humanitarian Law // Eurasian Law Journal. 2016. No. 6. P. 24-26.
14. Pictet J. Development and principles of international humanitarian law. Moscow: ICRC, 2000.
INTERNATIONAL LAW
LAVORENKO Sabrina Yurjevna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE RIGHT TO PRIVACY IN THE CONTEXT OF JUDICIAL AND QUASI-JUDICIAL BODIES
The article is dedicated to the problem of securing and interpreting the right to privacy in the practice of judicial and quasi-judicial bodies. Within the framework of the article, the author analyzes the practice of the Human Rights Committee on the consideration of individual complaints. As a result, the author comes to the conclusion that despite all the differences in approaches to the interpretation of the content of the right to privacy, the Committee’s practice to a high degree provides legal protection against interference with privacy, but the right to privacy is developing so rapidly that it requires new approaches and mechanisms to protect it.
Keywords: human rights, right to privacy, International Covenant on Civil and Political Rights, UN Human Rights Committee, public international law.
References
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6.HRC. Case of Norma Portillo Caceres v. Paraguay. Application No. CCPR/C/126/D/2751/2016. Judgment of 30 September 2013. [Electronic resource]. – Access Mode: https://undocs.org/Home/Mobile?FinalSymbol=CCPR%2FC%2F126%2FD%2F2751%2F2016&Language=E&DeviceType=Desktop&LangRequested=False (date of application: 01/13/2023) .
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INTERNATIONAL LAW
MELNIKOV Fedor Alexandrovich
postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE FORMATION OF COMMON MARKETS IN THE EAEU AS A NATURAL DEVELOPMENT OF THE FORMATION OF AN INTEGRATION ASSOCIATION
The article substantiates the development of integration processes of EAEU member states on the basis of interstate relations of EAEU member states in the conditions of multipolar world community formation. The article also analyzes the factors that affect the integration processes of the EAEU and points to the need for further development of integration relations of EAEU member states. The main trends of integration and factors determining its effectiveness are analyzed. Factors hindering the development of integration of Eurasian Economic Union member states are considered.
Keywords: multipolarity regional integration, integration process, Eurasian Economic Union (EAEU).
References
1. Afanasyeva E. V., Bitieva Z. R., Yaroshenko A. S. Specifics of modern integration processes: the EAEU in a globalizing world // Bulletin of Eurasian Science. – 2019. – № 3.
2. Baikov A. A. Economic integration as a world political phenomenon. Essay on the theory and methodology of comparative assessment // Outlines of global transformations: politics, economics, law. – 2017. – No. 4. – P. 38-53.
3. Vyunov V. N., Filippova M. G., Mamedov R. M., Korotovsky V. V., Rzayeva E. A., Kofanov V. A. Some prospects and contradictions in the development of the EAEU // Young scientist. – 2016. – No. 8. – P. 520-523.
4. Eurasian economic integration-2020. – M.: EDB PUBLICATIONS, 2020. – 80 p.
5. Izotov V. S., Meshkova T. A., Teplov A. S. The prospect of forming a single financial market of the EAEU from the point of view of Russian interests: opportunities and limitations // Bulletin of international organizations. – 2020. – T. 15. – No. 3. – P. 129–152
6. Migranyan A. A., Shavina E. V. Formation of common electricity and gas markets in the EAEU: market models, barriers and solutions // Outlines of global transformations: politics, economics, law. – 2019. – T. 12. – No. 6. – P. 220–245.
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INTERNATIONAL LAW
LI Jing
postgraduate student of the School of Law of the Sun Yat-sen University; lecturer of the School of Foreign Languages of the Hunan University of Finance and Economics
FRAGMENTATION OF INTERNATIONAL DIGITAL TRADE RULES
The fragmentation of international digital trade rules is manifested in the coexistence of bilateral and regional trade agreements, WTO multilateral mechanisms and special agreements, which makes digital trade rules crisscross and overlap. The trend of fragmentation is not only related to different political will of various parties, but also related to the lack of economic growth drivers. However, the most fundamental reason is the difference in development level between developing countries and the least developed countries and developed countries. The plurilateral negotiations on e-commerce under the framework of WTO provide a possible path for constructing a set of binding international digital trade rules suitable for the whole world. To this end, the conclusion of an International Digital Trade Agreement should be actively promoted.
Keywords: Digital Trade, Fragmentation, International Agreement
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10. WTO, “Joint statement on electronic commerce”, WT/L/1056, 25 January 2019.
11. WTO, “The Legal Status of ‘Joint Statement Initiatives’ and their Negotiated Outcomes”, WT/GC/W/819/Rev.1, 30 April 2021.
12. WTO Ministerial Conference Eleventh Session, “JOINT STATEMENT ON ELECTRONIC COMMERCE”, WT/MIN(17)/60, 13 December 2017.
13. European Union & Japan, “Agreement between the European Union and Japan for an Economic Partnership”, Official Journal of the European Union, L 330, December 27, 2018, Pp. 3-899.
INTERNATIONAL LAW
PANOVA Polina Sergeevna
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE SOVIET CONCEPT OF INTERNATIONAL LAW
The article analyzes the evolution of Soviet scientists’ views on international law and law in general. The uniqueness of approaches to understanding the essence of international legal personality in the early periods of the development of Soviet legal science is revealed. The article contains the periodization of the doctrines depending on the change of the political context, the points of view of foreign specialists on the Soviet international law are given.
Keywords: international law, international legal personality, doctrine of international law, the science of international law, the subject of the law of nations, bourgeois law.
References
1. Dallin A. The Soviet View of the United Nations // International Organization. – 1962. – No. 16 (1). – R. 20 36. [Electronic resource]. – Access mode: https://doi.org/10.1017/S0020818300010791 (date of access: 20.04.2023).
2. Freeman, A. Some Aspects of Soviet Influence on International Law // American Journal of International Law. – 1968. – No. 62 (3). – R. 710-722. [Electronic resource]. – Access mode: https://doi.org/10.2307/2197288 (date of access: 04/25/2023).
3. Marcel Merle, La Vie internationale. – Paris: Armand Colin, 1970. – R. 304.
4. Marcou L. Le mouvement communiste international depuis 1945, 2nd edition refondue. – Paris: Presses universitaires de France, 1990. [Electronic resource]. – Mode of access: https://www.diplomatie.gouv.fr/IMG/pdf/mn_484qo_communisme_international_1934-1978_cle8c98d5.pdf (accessed 25.04.2023).
5. Patry A. La conception sovietique du droit international. Canadian Yearbook of International Law/Annuaire Canadien De Droit International. – 1971. – No. 9. – R. 102-113.
6. Vyshinsky A. Ya. Soviet state law. Textbook. – M.: Yurid. Publishing House of the NKJU USSR, 1938. – 652 p.
7. Korovin E. A. International law of transition / 2nd ed., add. – Moscow: State. publishing house, 1924. – 143 p.
8. Osin R. S. The contribution of A. Ya. Vyshinsky to the development of the Marxist philosophy of law: theory and modernity // Obozrevatel – Observer. – 2020. – No. 1 (360). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vklad-a-ya-vyshinskogo-v-razvitie-marksistskoy-filosofii-prava-teoriya-i-sovremennost (date of access: 05/01/2023)
9. Comrade Stalin’s report at the 18th Party Congress on the work of the Central Committee of the All-Union Communist Party of Bolsheviks / Problems of Economics, vol. 3. – M .: SOTSEKGIZ, 1939. – 240 p. [Electronic resource]. – Access Mode: https://istmat.org/files/uploads/61147/problemy_ekonomiki._no3_1939.pdf (accessed 03/26/2023).
10. Pashukanis E. B. General theory of law and Marxism. Edition 3rd. – M., 1927. – 135 p.
11. Tlepina Sh. V. Basic political and legal concepts of Soviet jurisprudence // Legal state: theory and practice. – 2014. – No. 3 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osnovnye-politiko-pravovye-kontseptsii-sovetskoy-yurisprudentsii (date of access: 04/20/2023).
12. Engels F. Letter to A. Bebel, London, March 18-28, 1875. The nineteenth volume of the Works of K. Marx and F. Engels. State publishing house of political literature. – M., 1961. – 671 p. [Electronic resource]. – Access mode: https://www.marxists.org/russkij/marx/cw/t19.pdf (date of access: 03/21/2023).
INTERNATIONAL LAW
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University
THE POLITICAL ROLE OF NORD STREAM 2 IN RELATIONS BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION
Transport and transport routes are a factor of strength, a factor in the formation of political elites. They are a method of integration and globalization, and also act as a “shield” from isolation, due to the economic dependence of the recipient countries of resources. The undermining of the gas pipeline “Nord stream” and “Nord stream-2” connecting Russia and Germany, in September 2022 was the first act against cross-border energy infrastructure on a continental scale and global significance. In the article, the author examines the political role of Nord Stream-2 in relations between Russia and the EU.
Keywords: transport, transport routes, resources, European Union, integration, political role.
References
1. Bazhanov E. P., Bazhanova N. E. International relations in the XXI century. – M.: East – West, 2011. – 167 p.
2. Barkovsky A. N., Alabyan S. S., Morozenkova O. V. Consequences of Western sanctions and reciprocal sanctions of the Russian Federation // Russian Foreign Economic Bulletin. – 2015. – № 9.
3. Bessel V. V., Kucherov V. G., Lopatin A. S., Martynov V. G. Change of paradigm in the global energy market // Gas industry. – 2017. – No. 4. – S. 28–33
4. Vvedensky B. A. Small Soviet Encyclopedia. T. 3. – M.: Soviet Encyclopedia, 1959. – S. 222.
5. Voloshin V.I. Energy policy of the USA and cooperation between Russia and the EU in oil and gas supply // Russian Foreign Economic Bulletin. – 2018. – No. 9. – C. 58-75.
6. Gamzaev B. A. The state and features of the development of pipeline transport in Russia at the present stage // Molodoy ucheny. – 2019. – No. 3 (241). – P. 155-159.
7. Giniyatov F. M. NATO expansion to the east and the position of Russia // Bulletin of Economics, Law and Sociology. – 2012. – No. 1. – P. 176-178.
8. Gulyaev M. M. Development of energy cooperation between Russia and the EU: results of the first two decades of dialogue // Economics. – 2017. – No. 9. – P. 38-42.
9. Zhiznin S. Z., Timokhov V. M. Energy impact on sustainable development. Mirovaya ekonomika i mezhdunarodnye otnosheniya. – 2017. – V. 61. No. 11. – S. 34-42.
10. Zhiznin S. Z., Timokhov V. M. Economic and geopolitical aspects of Nord Stream 2 // Baltic region. – 2019. – T. 11. No. 3. – S. 25-42.
11. Manoilo A. V., Katkov I. E. Political aspects of the implementation of the Nord Stream 2 project // Bulletin of the Kemerovo State University. Series: Political, sociological and economic sciences. – 2020. – V. 5. No. 1. – S. 16-24.
12. Murgash R. Ya. Reverse gas to Ukraine: the essence of the problem and its impact on international relations in the energy sector. Bulletin of MGIMO University. – 2017. – No. 4. – P. 272-288.
13. Starikovs Andrejs Nord Stream 2: The dilemma of European energy interests // SCIENCE online journal. – 2017. – Volume 9. No. 6.
14. Urazgaliev V. Sh., Titkov M. V. The gas component of the energy security of Russia // Bulletin of St. Petersburg University. Economy. – 2018. – T. 34. No. 2. – C. 176-216.
15. Yakubov I. Kh. Anti-terrorist focus of rapprochement between India and Tajikistan // Post-Soviet Studies. – 2023. – No. 1 (6). – S. 20-29.
INTERNATIONAL LAW
SOBIN Anton Andreevich
MBA, DBA, graduate of the Graduate School of Corporate Governance, Graduate School of International Business of the RANEPA under the President of the Russian Federation
LEGAL BASIS OF THE LEASING COMPANY
The relevance of the work lies in the need to realize that understanding and compliance with the legal framework is crucial for the smooth and legitimate operation of a leasing company, it helps to protect the rights and interests of both the company and its customers , ensures compliance with applicable laws and regulations, and also strengthens trust in the leasing industry. The object of research is the legal space of economic systems, the subject of research is the leasing activity of a business entity.
The article notes that the legal basis for the activities of a leasing company may vary in different countries and jurisdictions, therefore leasing companies should carefully study and comply with relevant laws and regulations to ensure the legality and ethics of their activities, as well as the protection of the rights and interests of their customers.
Keywords: legislative initiative, intellectual property, federal law, lessee, leasing service.
References
1. Nevitt P. K., Fabozzi F. J. Equipment leasing. – John Wiley & Sons, 2000. – T. 60.
2. Merrill T. W. The economics of leasing // Journal of Legal Analysis. – 2020. – T. 12. – S. 221-272. – DOI 10.1093/jla/laaa003/
3. Tomescu R. A. The Financial Leasing Market from the Perspective of Current Legal Realities // Persp. L.Pub. Admin. – 2022. – T. 11. – S. 246.
INTERNATIONAL LAW
SUBBOTIN Anatoliy Pavlovich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE PROBLEM OF REGULATORY REGULATION OF THE DEVELOPMENT AND OPERATION OF CREWLESS VESSELS
In the article the author made an attempt to analyze the existing legal framework for the regulation and operation of manned ships. The problem of using advanced technologies, including artificial intelligence control systems in the field of merchant shipping is that the current international legal model of regulation is not able to meet the challenges of our time. The author proposes ways of development of the institute of regulation of activity on the use of autonomous technologies both in internal waters and on the high seas.
Keywords: international maritime law, autonomous surface navigation, artificial intelligence, external captain, merchant shipping, international maritime organization.
References
1. Pereira L. M., Saptawijaya A. Modeling Morality with Prospective Logic // International Journal of Reasoning-based Intelligent Systems, 2009, Internet access mode. [Electronic resource]. – Access mode: https://pdfs.semanticscholar.org/2ecc/67e7929cf613976d33ff6479589b7b62dfce.pdf (accessed 05/13/2023).
2. Leonov V. Twenty-three principles of Asilomar // Modern mechanical engineering: a scientific and technical journal. – 2017. [Electronic resource]. – Access mode: https://www.sovmash.com/node/348 (date of access: 05/12/2023).
3. Civil Code of the Russian Federation (as amended on May 16, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 05/18/2023).
4. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 05/13/2023).
5. Merchant Shipping Code of the Russian Federation dated April 30, 1999 No. 81-FZ (as amended on February 28, 2023) (as amended and supplemented, effective from May 21, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5142/ (date of access: 05/24/2023).
6. Decree of the Government of the Russian Federation dated March 29, 2018 No. 534-r “On approval of the action plan (road map) to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technological Initiative in the Marinet direction”. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001201804060052 (date of access: 05/13/2023).
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11. International Convention for the Prevention of Pollution from Ships, 1973 (as amended)resolutions of 26 September 1997). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901764502 (date of access: 05/13/2023).
12. International Convention on the Training, Certification and Watchkeeping of Seafarers, 1978. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901985669 (date of access: 05/13/2023).
PRIVATE LAW INTERNATIONAL
VOYKOVA Natalya Andreevna
Ph.D. in Law, associate professor of the Patrice Lumumba People’s Friendship University of Russia
BERMAN Alisa Mikhaylovna
assistant of Civil law and process and private international law sub-faculty of the Law Institute of the Patrice Lumumba Peoples’ Friendship University of Russia
SOME ASPECTS AND PROSPECTS OF COOPERATION OF THE EAEU MEMBER STATES IN THE FRAMEWORK OF CORPORATE RELATIONS
The European Economic Union (hereinafter EAEU) replaced the Eurasian Economic Community (EurAsEC). The goal of the creation and development of the EAEU, among other things, is to ensure the stable development of the economies of the participating countries, modernize them and increase the standard of living of the population. To achieve this goal, the members of the association carry out “coordinated or unified economic policies.” Currently, the EAEU includes five countries: the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation. The presented study will discuss the status and activities of special legal entities in the EAEU, the possibility of integrating the laws of these countries and the necessary, according to the authors, changes and specifics of relations between these countries for the implementation of their policies.
Keywords: integration, unification, legal entities, internal control, performance
PRIVATE LAW INTERNATIONAL
ZHUK Valeriya Sergeevna
magister student of the program “Corporate and International Private Law” of the National Research University “Higher School of Economics”
LISHAK Anastasia Dmitrievna
bachelor of Law of the Russian State University of Justice, trainee lawyer in the ICA “VINDICTA”
ABOUT THE RIGHT OF A FOREIGN BANK TO FILE A PETITION AGAINST A RUSSIAN DEBTOR IN THE ABSENCE OF A JUDGMENT ON A CLAIM THAT FALLS WITHIN THE SCOPE OF ARBITRATION AGREEMENT
The Bankruptcy Law (127-FZ) grants credit institutions the right to initiate bankruptcy proceedings without confirming the debt by a court decision. However, literally this norm creates uncertainty: does a bank have this advantage on every claim? What happens if the case is complicated by a foreign element on the creditor’s side? Does the arbitration clause affect the initiation of the case? – this is what the present study is about.
Keywords: insolvency, bankruptcy, cross-border bankruptcy, arbitration clause, arbitrability, rights of credit institutions, initiation of bankruptcy proceedings, foreign element.
References
1. Anishchenko A. A. and Yuryeva M. V. Arbitration clause – a hidden weapon // “Industrial and Commercial Law”. – 2008. – № 03 // SPS Consultant Plus.
2. Kuznetsov S. A. The main problems of the legal institution of insolvency (bankruptcy). – M.: Infotropic Media, 2015. – § 3 ch. 3 // ATP “Consultant Plus”.
3. Lunaeva T. A. “International Commercial Arbitration: Textbook” (issue 9) (2nd edition, revised and supplemented) (scientific editors O. Yu. Skvortsov, M. Yu. Savransky, G. V. Sevastyanov ) (“The editors of the journal “Arbitration Court”, “Statut”, 2018). – § 6.2.1 // ATP Consultant Plus.
4. Mertvishchev A. V. Peculiarities of initiating insolvency (bankruptcy) proceedings at the request of a credit institution // Economic Justice in the Ural District. – 2018. – № 4. – 218 p.
5. Mokhova E. V. Insolvency (bankruptcy): Training course. In 2 volumes / Ed. Doctor of Law, Prof. S. A. Karelina. T. 2. – M.: Statute, 2019. – 848 p.
PRIVATE LAW INTERNATIONAL
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
WHEN THE “PRO-ARBITRATION” POLICY OF THE UNITED STATES BECOMES AGGRESSIVE
The article notes that the adoption of the Federal Arbitration Act (FAA) in the USA in 1925 marked the recognition of the advantages of arbitration and established a national policy favorable to arbitration. Up to this point, the only source of legal regulation of arbitration in the United States were judicial precedents, and federal courts were reluctant to force the parties to arbitrate disputes on the basis of arbitration agreements. The “pro-arbitration” policy of the United States, which has been in force since 1925, is now becoming more and more aggressive. An example of this is the decision in the case “GE Energy Power Conversion France SAS, Corp v. Outokumpu Stainless USA, LLC” dated 06/01/2020, in which the US Supreme Court unanimously ruled that the New York Convention of 1958 does not prevent the coercion of a party that has not signed an arbitration agreement to arbitration on the basis of estoppel by right of equity.
Keywords: US arbitration, “pro-arbitration” policy, Federal Arbitration Act, arbitrability, estoppel.
References
1. Karabelnikov B. R. Again arbitrability, or a new song in the old way // Law. – 2018. – No. 10. – P. 148-157.
2. Kurochkin S. A. Arbitrability and jurisdiction: questions of theory. – 2015. – No. 1 (97). – S. 32-45.
3. Rusakova E. P., Yong Dominguez E. H. Extending the Arbitration Clause to Non-Signatory Parties: Lessons in Comparative Law // Legal Concept = Legal Paradigm. – 2021. – T. 20. No. 1. – S. 144-154. – DOI: https://doi.Org/10.15688/lc.jvolsu.2021.1.22.
4. Sitkareva E. V. Problems of using arbitration in class actions in resolving financial disputes in the USA // Comparative legal aspects of legal relations of civil circulation in the modern world: collection of articles of the International scientific and practical conference in memory of Professor V. K. Puchinsky, Moscow, 12 October 2018 / Peoples’ Friendship University of Russia. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2018. – P. 331-339.
5. Bermann G. What does it mean to be ‘pro-arbitration’? // Arbitration International. – 2018. Vol. 34. – R. 341-353. DOI: http://dx.doi.org/10.1093/arbint/aiy025 (accessed 3/3/2023).
6. Certilman S. Throw Down the Muskets, Seek Out the Town Elders. This Is a Brief History of Arbitration in the United States // New York Dispute Resolution Lawyer. – Spring 2010. – Vol. 3. No. 1.-Pp. 10-13. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=1690512 (Accessed: 03/04/2023).
7. Emerson R., Hunt Z., Franchisees, Consumers, and Employees: Choice and Arbitration // William & Mary Business Law Review. – 2022. – Vol. 13. Iss. 2. – P. 487-572 – [Electronic resource]. – Access mode: https://scholarship.law.wm.edu/wmblr/vol13/iss2/5 (date of access: 02/10/2023).
8. Stanford M. Odd Man Out: A Comparative Critique of the Federal Arbitration Act’s Article III Shortcomings // California Law Review, Inc. – 2017. – Vol. 105. Iss. 3.-Pp. 929-984. DOI: https://dx.doi.org/10.15779/Z38GH9B835.
PRIVATE LAW INTERNATIONAL
KOMLEVA Tatyana Mikhaylovna
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PROCEDURE FOR DECLARATION OF HEIRS WHEN INHERITING BY LAW IN SPAIN
The article is dedicated to some issues of inheritance by law in Spain. The author, based on normative and doctrinal sources, analyzes procedure for declaring heirs when inheriting by law in Spain and gives its definition; identifies situations when an inheritance case is to be opened by law; shows a list of the main documents required to start this procedure; indicates the persons who are authorized to carry out this procedure. Based on the results of the procedure for declaring heirs, a Declaration of heirs is drawn up; such Declaration is a mandatory document for opening an inheritance case by the law. The author demonstrates its meaning and content as well as gives the general order of heirs when inheriting by law.
Keywords: inheritance, inheritance law, Spain, notary, procedure for declaring heirs by law, Declaration of heirs in Spain.
References
1. Declaration of heirs. Civil Law, Inheritance. Conceptos Juridicos.com. [Electronic resource]. – Mode of access: https://www.conceptosjuridicos.com/declaracion-de-herederos/ (Accessed: 01/15/2023).
2. Declaration of heirs: what is it and how to do it? LEAN Abogados. [Electronic resource]. – Mode of access: https://www.leanabogados.com/especialistas-herencias/declaracion-de-herederos/ (accessed 15.01.2023).
3. Declaration of the announcement of heirs without a will. Rodenas Abogados. [Electronic resource]. – Mode of access: https://www.rodenasabogados.com/declaracion-de-herederos-abintestato/#Declaracion_de_herederos_por_el_Juzgado (accessed 15.01.2023).
4. Law 15/2015 of 02 July on voluntary jurisdiction, promulgatedforged in BOE no. 158, dated 03/07/2015, vst. in force 23/07/2015, ref: BOE-A-2015-7391. [Electronic resource]. – Access mode: https://www.boe.es/buscar/act.php?id=BOE-A-2015-7391&p=20221020&tn=2 (Accessed 25.01.2023).
5. Law on Notaries of May 28, 1862, published in Gaceta de Madrid no. 149 dated 05/29/1862, inst. effective 19/06/1862. Reference: BOE-A-1862-4073. [Electronic resource]. – Access mode: https://www.boe.es/buscar/act.php?id=BOE-A-1862-4073&p=20210710&tn=1#a55 (Accessed: 10.02.2023).
6. Korneeva I. L. Inheritance law: textbook and workshop for universities. – 6th ed., Rev. – Moscow: Yurayt Publishing House, 2023. – 282 p. – (Higher education). – ISBN 978-5-534-15982-0. – Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/516905 (date of access: 02/07/2023).
7. Royal Decree of July 24, 1889, approving the Civil Code, published in Gaceta de Madrid, no. effective 16/08/1889. Reference: BOE-A-1889-4763. [Electronic resource]. – Access mode: https://www.boe.es/buscar/act.php?id=BOE-A-1889-4763&p=20211216&tn=1 (Accessed: 01/15/2023).
8. Inheritance law: textbook / Ed. ed. R. A. Kurbanova, O. V. Shvedkova. – Moscow: Prospect, 2022. – 192 p. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/357523000_Nasledstvennoe_pravo_ucebnik_Pod_obs_red_R_A_Kurbanova_R_A_Kurbanov_E_V_Bogdanov_T_E_Zulfugarzade_i_dr_-_Moskva_Prospekt_2022_-_192_s) (date accessed: 07.02.2023).
9. Declaracion de herederos abintestado. Rodenas Abogados. [Electronic resource]. – Mode of access: https://www.rodenasabogados.com/declaracion-de-herederos-abintestato/#Declaracion_de_herederos_por_el_Juzgado (fecha de la solicitud: 15.01.2023).
10. Declaration of herederos. Derecho Civil, Herencias. Conceptos Juridicos.com. [Electronic resource]. – Mode of access: https://www.conceptosjuridicos.com/declaracion-de-herederos/ (fecha de la solicitud: 15.01.2023).
11. Derecho de sucesiones: libro de texto / ed. edicion R. A. Kurbanova, O. V. Shvedkova. – Moscow: Avenida, 2022. – 192 p. [Electronic resource]. – Access mode: https://www.researchgate.net/publication/357523000_Nasledstvennoe_pravo_ucebnik_Pod_obs_red_R_A_Kurbanova_R_A_Kurbanov_E_V_Bogdanov_T_E_Zulfugarzade_i_dr_-_Moskva_Prospekt_2022_-_192_s) (fecha de la solicitud: 02/07/2023).
12. Korneeva I. L. Derecho de sucesiones: libro de texto y taller para universidades / I. L. Korneeva. – 6ª ed., rev. – Moscow: Editorial Urayt, 2023. – 282 p. – (Education más alta). – ISBN 978-5-534-15982-0. – Texto: electrónico // Plataforma educativa Urayt [sitio web]. [Electronic resource]. – Access mode: https://urait.ru/bcode/516905 (fecha de la solicitud: 02/07/2023).
13. La declaracion de herederos: ¿qué es y cómo debe hacerse? LEAN Abogados. [Electronic resource]. – Mode of access: https://www.leanabogados.com/especialistas-herencias/declaracion-de-herederos/ (fecha de la solicitud: 15.01.2023).
14. Ley 15/2015, de 2 de julio, de la Jurisdicción Voluntaria, publicado en “BOE” núm. 158, de 03/07/2015, entró en vigor 23/07/2015. Reference: BOE-A-2015-7391. [Electronic resource]. – Mode of access: https://www.boe.es/buscar/act.php?id=BOE-A-2015-7391&p=20221020&tn=2 (fecha de la solicitud: 25.01.2023).
15. Ley del Notariado de 28 de mayo de 1862, publicado en “Gaceta de Madrid” núm. 149 de 05/29/1862, entró en vigor 06/19/1862. Reference: BOE-A-1862-4073. [Electronic resource]. – Mode of access: https://www.boe.es/buscar/act.php?id=BOE-A-1862-4073&p=20210710&tn=1#a55 (fecha de la solicitud: 10.02.2023).
16. Real Decreto de 24 de julio de 1889 por el que se publica el Código Civil, publicado en “Gaceta de Madrid” núm. 206, de 25 de julio de 1889, entró en vigor 08/16/1889. Reference: BOE-A-1889-4763. [Electronic resource]. – Mode of access: https://www.boe.es/buscar/act.php?id=BOE-A-1889-4763&p=20211216&tn=1 (fecha de la solicitud: 15.01.2023).
PRIVATE LAW INTERNATIONAL
ARISTOV Vladislav Vladislavovich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CLASSIFICATION OF REGIMES OF PROPERTY RELATIONS BETWEEN SPOUSES IN FOREIGN LEGAL SYSTEMS
The purpose of this publication is to conduct a comparative analysis, on the basis of which a new classification of marital property relations regimes is proposed. The proposition is made to divide these legal relations into community relations and compensatory relations instead of a three-tier division into commune spouse’s property, deferred commune spouse’s property, separation of spouse’s property regimes.
Keywords:common property of spouses, community mode, deferred community mode, separation mode, contribution to family life.
References
1. Annenkov K. N. Decree. op. – S. 151.
2. Bevzenko R. S. Deal with marital property without the consent of the other spouse // Bulletin of economic justice of the Russian Federation. – 2016. – No. 11. – P. 124 – 134.
3. The General Civil Code of Austria. – M.: Infotropic Media, 2011. – P. 3 – 261.
4. Grave K. A. Property relations of spouses. – M.: Gosjurizdat, 1960. – 117 p.
5. Civil Code of Quebec = Code civil du Québec / Scientific. ed. and ed. foreword: O. M. Kozyr, A. A. Makovskaya; Auth. Introduced by John E. C. Brierley. – M.: Statute, 1999. – 470.
6. Civil Code of the People’s Republic of China / Ed. ed. P. V. Troshchinsky. – M.: Si-nosfera, 2020.
7. French Civil Code (Napoleon Code). – M.: Infotropic Media, 2012. – P. 4 – 592.
8. Civil law of the welfare state: a collection of articles dedicated to the 90th anniversary of the birth of Professor A. L. Makovsky (1930 – 2020) / A. G. Arkhipova, A. V. Asoskov, V. V. Bezbakh and others; resp. ed. V. V. Vitryansky, E. A. Sukhanov. – Moscow: Statute, 2020. – 480 p.
9. Civil Code of Germany: Introductory Law to the Civil Code. – 4th ed., revised. – M.: Infotropic Media, 2015. – S. VIII – XIX, 1 – 715.
10. Morandier L. Zh. Civil law of France / Per. from fr. and introductory article by E. A. Fleishits. Volume 1. – M.: Publishing house of foreign literature., 1958. – S. 395-413.
11. Pyankova A. F. The right of common joint property of spouses after the dissolution of marriage: in search of a balance of interests // Law. – 2019. – No. 12. – P. 138-147.
12. Slepakov A. V. Legal relations of property of spouses. – M.: Statute, 2005. 444 p.
13. Syukiyainen L. R. Muslim law and family law of the countries of the Arab East. – Shcherbinka.: NIImash, 1984. – 146 p.
14. Khazova OA Marriage and divorce in bourgeois family law. Comparative legal analysis. – M.: Science. – P. 78-96.
15. Khazova OA On the issue of marriage contracts and marriage agreements abroad // Law. – 2020. No. 10. – P. 154-165.
16. Reader of monuments of the feudal state and law of European countries / Ed. V. M. Koretsky. – M.: Gosjurizdat, 1961. – S. 580-599.
17. Charles R. Muslim law. – M.: Publishing house of foreign literature – 1959. – S. 34.
18. Atkin B. The International Survey of Family Law 2011 Edition. – Wellington: Jordan Publishing. – P. 207.
19. Bromley P. Reallocation of Property on Divorce. Abingdon. – Oxon.: Professional Books Ltd, 1977 // The Cambridge Law Journal. – No. 37 (2).
20. Cresp M., Hauser J., Marion H., Sandrine S., Droit de la famille. – Bruxelles: Bruylant, 2018. – P. 188.
21. Dethloff N. Familienrecht. Ein Studienbuch. – Munchen, 2012. – P. 101-102.
22. Hahlo H. R. “Matrimonial Property Regimes: Yesterday, Today and Tomorrow” // Osgoode Hall Law Journal 11. – No. 3 (December 1973). – P. 455-478.
23. Hohbch G. Familienrecht. Stuttgart; Munchen; Hanover; Berlin; Weimar; Dresden, 2002. – P. 247-248.
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PRIVATE LAW INTERNATIONAL
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CHERNYSHEVA Tatyana Anatoljevna
student of the Patrice Lumumba Peoples’ Friendship University of Russia
“ZHI SYSTEM” – “NEW MILESTONE” IN COPYRIGHT AND RELATED RIGHTS PROTECTION IN GUANGZHOU INTERNET COURT
In connection with active access to Internet technologies, most of them acquire value in real life, and issues related to establishing authorship come to the fore. This article focuses on the phenomenon of new aggregation platform “ZHI system” which facilitates the development of online litigation for copyright and related rights disputes in Guangzhou Internet Court. The concept of “ZHI system” is introduced, and aspects of the platform are disclosed. Chinese legislation, doctrinal sources, judges’ opinions and court practice analysis using this operating system are researched in the paper.
Keywords: Guangzhou Internet Court, e-justice in China, “ZHI system”, digitalization of litigation, interactive litigation, artificial intelligence (AI), copyright.
References
1. 张春和, 陈斯杰, 李婷. 网络著作权纠纷交互式审理的构建与适用学. – 2021. – No. 3. (Zhang Chunhe, Chen Shijie, Li Ting. Development and application of interactive litigation of online copyright disputes – using the practice of the ZHI system of the Guangzhou Internet Court asobject // Journal of Chinese Applied Law. – 2021. – No. 3). – [Electronic resource]. – Access mode: https://kns.cnki.net/kcms2/article/abstract?v=3uoqIhG8C44YLTlOAiTRKibYlV5Vjs7iy_Rpms2pqwbFRRUtoUImHW4e-5WmXbP1kpP239BfUV3-l2TgIIvXsGYmZ19JBVRe&uniplatform=N ZKPT (date of access: 03/19/2023).
2. 张春和, 邓丹云. 广州互联网法院网络著作权纠纷案件的审理思路. // 中国应用法学. – 2019. – No. 25. (Zhang Chunhe, Deng Danyong. Reflections on Litigation of Online Copyright Disputes in the Guangzhou Internet Court // Journal of People’s Justice. – 2019. – No. 25). – [Electronic resource]. – Access mode: https://kns.cnki.net/kcms2/article/abstract?v=N6L1kuKE8iKHtCxXjT-o91dTOnXJRwfyYcB2chOzLSDQuLASEeqTkSQ7KdrB3Pr-3N5sa2BOFouBctwnragS3H_sp0v51-lCF72eq3S2crmbCW2uye FWQXR0u1HcMS1AIKbfQk2oEgpyrFpZdpAnBg==&uniplatform=NZKPT&language=CHS (accessed 03/19/2023).< br /> 3. Bezbakh V. V., Frolova E. E. Artificial intelligence in the regulatory context of industry 4.0 and epistemological optimism // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – P. 289-307.
4. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Moscow: “Yurlitinform” Publishing House, 2021. – 224 p. – (Civil and arbitration process).
5. Frolova E. E., Ermakova E. P. Utilizing Artificial Intelligence in Legal Practice // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – P. 17-27. – DOI 10.1007/978-981-16-4621-8_2.
6. Gronic I. A. On Some Aspects of Case Management in Electronic Courts of Indonesia // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 193-199. – DOI 10.1007/978-981-16-9808-8_21.
7. Kozhokar I. P. Innovations and innovation activity: legal aspect // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – T. 15. No. 3. – S. 141-187. – DOI 10.35427/2073-4522-2020-15-3-kozhokar.
8. Rusakova E. P., Frolova E. E. Procedural Standards for Civil Proceedings in China’s Internet Courts // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 187-192. – DOI 10.1007/978-981-16-9808-8_20.
9. Rusakova E. P., Gronik I. A., Kupchina E. V. Digital justice in the countries of the Asia-Pacific region. – Moscow: Peoples’ Friendship University of Russia (RUDN), 2022. – 173 p.
10. Solovyov A. A. Digital technologies in legal proceedings: foreign experience // Bulletin of the Arbitration Court of the Moscow District. – 2022. – No. 3. – P. 71-76. – DOI 10.46279/ASMO.2022.92.43.004.
11. Zakharkina A., Kuznetsova O. Foreign civil doctrine of smart contracts // SHS Web of Conferences: 14th Session of Euro-Asian Law Congress “The value of law” 2021, Ekaterinburg, June 03–04, 2021. – Vol. 134. – Ekaterinburg: EDP Sciences, 2022. – P. 00016. – DOI 10.1051/shsconf/202213400016.
PRIVATE LAW INTERNATIONAL
POTAPENKO Darya Andreevna
bachelor of the Faculty of Law of the National Research University “Higher School of Economics”
LEGAL REGULATION OF INTERNATIONAL SETTLEMENTS USING ELECTRONIC MONEY
The article discusses the features of the legal regulation of international payments by electronic money. The regulatory legal regulation existing at the international level, based on acts of a recommendatory nature, as well as the national legislation of the USA, the EU and the Russian Federation in the field of regulation of electronic money, has been studied. The article also discusses the problems of Russian regulation of electronic money and presents proposals for reforming Russian legislation.
Keywords: electronic money, international payments, cross-border payments, prospects for the development of Russian legislation.
References
1. Kolesnikov Yu. A. The concept of electronic money under the legislation of Russia and foreign countries // Gaps in Russian legislation. Legal Journal. – 2015. – no. 2. – P. 187-191.
2. Petrov D. A. Legal regulation of settlements using electronic means of payment: the possibility of implementing the experience of the European Union // Banking law. – 2019. – No. 4. – P. 67-74.
3. Fogelson Yu. B. Soft law in modern legal discourse // Journal of Russian law. – 2013. – No. 5. – P. 37 – 48; No. 9. – S. 43-51.
4. Khrustaleva A. V. Electronic money in the Russian Federation and the European Union // Banking law. – 2016. – No. 3. – P. 55-62.
5. Krueger M. E-money regulation in the EU // E-Money and Payment Systems Review. – 2002. – S. 239-251.
6. Guzman A. T., Meyer T. L. International soft law // Journal of Legal Analysis. – 2010. – T. 2. No. 1. -S. 171-225.
COMPARATIVE
RUDOY Petr Igorevich
graduate of the Faculty of Political Science of the M. V. Lomonosov Moscow State University
PROSPECTS FOR IMPROVING RUSSIAN LEGISLATION TO FACILITATE THE ACTIVITIES OF ISLAMIC FINANCIAL INSTITUTIONS
In this article key concepts and principles of Islamic banking are considered. The author describes a number of Russian law provisions that hamper the activities of Islamic financial institutions in Russia and gives examples of the legal practice of the UK and Luxembourg, with support of which Russian legislation can be improved to facilitate the work of Islamic banks.< /p> Keywords: Islamic banking, musharakah, murabahah, sukuk, takaful, banking law, UK law, Luxembourg law.
References
1. Bekkin R. I. Organizational and legal foundations of Islamic insurance (takafula) // Problems of the modern economy. – 2014. – No. 1 (49). – P. 268-271.
2. Bekkin R. I. Features of Sharia supervision in Islamic financial institutions: modern experience of Muslim and non-Muslim countries // Bulletin of St. Petersburg University. Economy. – 2014. – № 3. – P. 148-164.
3. Zhuravlev A. Yu. Islamic banking. – “Sadra”, 2017 – (Economics and Law (Sadra)).
4. Isaeva P. G., Aliskerov M. S. Classification of Islamic banking products and services according to their relevance and effectiveness for clients of commercial banks // Problems of modern economics. – 2016. – No. 1 (57). – P. 224-228.
5. Kuznetsova A. N., Tenberga I. Civil law form of musharaka as an instrument of direct participation of an Islamic bank in the capital: retrospective analysis and modernity // Jurisprudence. – 2020. – T. 64. No. 3. – S. 326-351.
6. Kuznetsova A. N., Tenberga I. Purchase and sale and the prohibition of uncertainty (gharar) in the Islamic tradition // Jurisprudence. – 2022. – T. 66. No. 2. – S. 162-192.
7. Nureyev B. D., Galiullina V. V. Murabaha as an instrument of Islamic banking // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2016. – No. 1 (15). – P. 89-95.
8. Pashkov R. V. Sukuk as financing according to the principles of Sharia // Innovations and investments. – 2017. – No. 10. – P. 61-69.
9. Yakunin S. V. Risks and bank strategies in the securities market // Modern Science. – 2010. – No. 2. – P. 83-87.
STATE AND LAW THEORY
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of then. G. Chernyshevsky Saratov National Research State University
THE PLACE AND ROLE OF THE CONSTITUTION OF THE RUSSIAN FEDERATION IN THE LEGAL SYSTEM: VALUE ASPECT
The article examines the place and role of the Constitution of the Russian Federation in the legal system. The article substantiates the value aspect of the influence of the Constitution on the development of the legal system. The author suggests that in the digital age, the issue of understanding the role of the Constitution is gaining increased scientific interest, given the ongoing transformation processes that affect the legal system. In connection with this circumstance, the analysis of the current stage of the constitutional and legal development of the state actualizes the need to address the directions of development of the legal system, based on the basic value orientations enshrined in the Constitution itself. In the article, much attention is paid to the consideration of the significance of constitutional values that determine the parameters of the organization and functioning of the legal system.
Keywords: Constitution, legal system, constitutional values, digital age.
References
1. Ebzeev B. S. Introduction to the Constitution of Russia. M.: Norma: Infra-M, 2013. 560 p.
2. Komkova G. N. The category of “value” in the constitutional law of Russia // Bulletin of the Saratov University. New episode. Series: Economy. Control. Right. 2012. V. 12. No. 2. S. 97-99.
3. Lukasheva E. A. Man, law, civilizations: normative and value measurement. M.: Norma, 2009. 384 p.
STATE AND LAW THEORY
KABALNOV Dmitriy Alexandrovich
postgraduate student of the 1st year of study of the V. N. Tatishchev Astrakhan State University
LEASE AGREEMENT: STAGES OF EVOLUTION IN RUSSIAN CIVIL LEGISLATION
The article presents the main evolutionary stages of the development of domestic legislation, its individual provisions, acting as a regulator of the lease agreement. The attention is focused on the peculiarities of the development and analysis of the relevant norms of key normative historical and legal acts. The author’s periodization of the Russian legislation in the field of the lease agreement has been formed. The features of the legal regulation of the lease agreement for all periods are considered, the conclusion about the continuity of the legal provisions on the lease agreement of different periods is formulated and substantiated.
Keywords: contract, lease agreement, regulations, terms of the lease agreement, parties to the lease agreement.
References
1. Pskov judicial charter // Reader on the history of the national state and law. Compiled by Yu. P. Titov. M., 2007.
2. Sudebnik 1497 // Reader on the history of the domestic state and law. Compiled by Yu. P. Titov. M., 2007.
3. Sudebnik 1550 // Reader on the history of the domestic state and law. Compiled by Yu. P. Titov. M., 2007.
4. Cathedral Code of 1649 // Russian legislation of the X-XX centuries. T.3. Acts of Zemsky Sobors. Rep. ed. volumes A. G. Mankov. M., 1985.
5. Code of laws of the Russian Empire. T. X. Code of Civil Laws. St. Petersburg, 1857.
6. Civil Code of the RSFSR 1922 // SU RSFSR. 1922. No. 71. Art. 904.
7. Land Code of 1922 // SU RSFSR. 1922. No. 68. Art. 901.
8. Civil Code of 1964 // Gazette of the RSFSR Supreme Soviet. 1964. No. 24. Art. 406.
9. Vladimirsky-Budanov M.F. Review of the history of Russian law. Rostov-on-Don. 1995.
10. Gagiev A. G. Analysis of the development of legislation on the lease of real estate objects. In the collection: Corporate lawyer: master’s scientific school. Digest of articles. Comp. and editors L. T. Kokoeva, S. R. Chedzhemova. 2020. S. 148-155.
11. Ivanova E. V., Vladimirov N. N. Land lease in the history of the Russian state // Oeconomia et Jus. 2017. No. 4. P. 7-13.
12. Ivannikov D.S. Evolution of the development of Russian legislation on lease relations // Young scientist. 2020. No. 45. P. 86-90.
13. Nevolin K. History of Russian civil laws. St. Petersburg, 1851.
14. Smirnova M. V. Historical and legal analysis of the formation and development of the legal institution of rent in Russia // Young scientist. 2019. No. 5 (243). pp. 261-264.
STATE AND LAW THEORY
NAUMENKO Ivan Nikolaevich
postgraduate student of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
METHODS FOR REALIZING THE ECONOMIC FUNCTION OF THE STATE: THEORETICAL AND LEGAL ASPECTS IN CRISIS PHENOMENA
The article presents the characteristics of the methods of the economic function of the state. The traditional scientific view on the gradation of methods into direct and indirect ones is considered. Variations of their implementation in the context of modern legal reality in Russia are presented. The variability of their practical application is taken into account, taking into account the existence of foreign economic threats under the conditions of sanctions caused by a special military operation. The author’s hypothesis is formulated about the transformation of the traditional practical perception of the use of specific methods for the implementation of the economic function in crisis conditions.
Keywords: economic function of the state, methods of implementing the economic function, direct economic methods, indirect economic functions, system of state management of the economy.
References
1. Customs Code of the Eurasian Economic Union dated April 11, 2017 (as amended on May 29, 2019, as amended on March 18, 2023) // Official website of the Eurasian Economic Union. [Electronic resource]. – Access mode: http://www.eaeunion.org/ (date of access: 06/12/2023).
2. Federal Law of July 31, 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” (as amended on December 5, 2022) // Collection of Legislation of the Russian Federation. – 08/03/2020. – No. 31 (part I). – Art. 5007.
3. Federal Law of December 8, 2003 No. 164-FZ “On the Basics of State Regulation of Foreign Trade Activities” (as amended on December 29, 2022) // Collected Legislation of the Russian Federation. – 15.12.2003. – No. 50. – Art. 4850.
4. Decree of the Government of the Russian Federation of March 10, 2022 No. 336 “On the features of the organization and implementation of state control (supervision), municipal control” (as amended on March 10, 2023) // Collected Legislation of the Russian Federation. – 14.03.2022. – No. 11. – Art. 1715.
5. Order of the Ministry of Industry and Trade of Russia dated April 19, 2022 No. 1532 “On approval of the list of goods (groups of goods) in respect of which the provisions of subparagraph 6 of Article 1359 and Article 1487 of the Civil Code of the Russian Federation do not apply, subject to the introduction of these goods (groups of goods) into circulation for outside the territory of the Russian Federation by the right holders (patent holders), as well as with their consent” (as amended on March 2, 2023). [Electronic resource]. – Access mode: http://pravo.gov.ru (date of access: 06/12/2023).
6. Antsupov V. V. Economic functionstates. Dis. … cand. legal Sciences. – Krasnoyarsk, 2004.
7. Kolokolenkov D. S. The role of law in regulating the economy, ensuring economic freedom and security. Dis. … cand. legal Sciences. – Ryazan, 2010.
8. Sokolova I. L. The economic function of the modern federal state. Dis. … cand. legal Sciences. – Moscow, 2007.
9. Khusainov ZF The economic function of Russian statehood: questions of theory, history and political and legal practice. Dis. … doc. legal Sciences. – Moscow, 2008.
10. Shcherbakovskiy GZ State and economic system of society: theoretical, legal and praxeological foundations of correlation and interaction. Dis. … doc. legal Sciences. – St. Petersburg, 2006.
STATE AND LAW THEORY
PRONINA Kseniya Yurjevna
lecturer of Philosophy and history sub-faculty of the Academy of the FPS of Russia
LEGAL NIHILISM OF CIVIL SERVANTS: CONCEPT, CAUSES AND MINIMIZATION MEASURES
The article deals with the concepts of legal nihilism and its variety – the legal nihilism of civil servants. The reasons contributing to the emergence, existence and spread of this phenomenon are analyzed. The necessity of implementing measures aimed at minimizing the legal nihilism of civil servants is emphasized. The author’s classifications of causes and measures to minimize the legal nihilism of civil servants are considered.
Keywords: legal nihilism, legal awareness, legal nihilism of civil servants, causes of legal nihilism of civil servants, minimization of legal nihilism of civil servants.
References
1. Gulina O. R. Historical roots and features of legal nihilism in modern Russia: dis. … cand. legal Sciences: 12.00.01. – Ufa, 2002. – 180 p.
2. Gulyakhin VN Legal nihilism in Russia: monograph. – Volgograd: Change, 2005. – 280 p.
3. Morozevich V. S. The impact of legal consciousness on the legal behavior of the individual // Proceedings of the Volgograd State Pedagogical University. – 2008. – No. 1 (25). – P. 52-55.
4. Pronina K. Yu. Measures to minimize the negative impact of legal nihilism on public relations // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2017. – No. 4. – P. 192-198.
5. Safronov VV Legal consciousness of a citizen: dis. … cand. legal Sciences: 12.00.01. – Krasnoyarsk, 2004. – 242 p.
CONSTITUTIONAL LAW
ALIEVA Nabisat Shamilovna
magister student of the 2 years of study of the Institute of Law of the Dagestan State University
RADZHABOV Fikret Gaziakhmedovich
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
CONSTITUTIONAL AND LEGAL RELATIONS AND THEIR SUBJECTS
This scientific article is devoted to the study of constitutional and legal relations and their subjects. The paper analyzes the main aspects and characteristics of constitutional and legal relations, their significance and role in the legal system. The authors of the article consider the concept of constitutional and legal relations and their essence, identify the main elements, including subjects, objects, legal norms and principles governing this sphere. The main attention is paid to the analysis of subjects of constitutional and legal relations, such as the state, citizens, public authorities, political parties and other participants in legal relations in the context of constitutional law. Their legal status, competence, interaction and influence on the formation and implementation of constitutional principles and rights are considered.
Keywords: constitutional and legal relations, subjects, state bodies, non-governmental organizations, interaction, constitutional law, conflicts and dispute resolution.
References
1. Aminov I. R. The development of lawmaking in Russia: the challenges of modernity // In the collection: Jurisprudence as an integrative phenomenon of modern Russian society and the state. Materials of the International Scientific and Practical Conference dedicated to the 25th anniversary of the Law Institute of the National Research University “BelSU”. 2018. – P. 131-135.
2. Avakyan S. A. Constitutional law of Russia. In 2 vols. T. 1.: Training course: Study guide; Moscow State University M.V. Lomonosov (Moscow State University). – 4th ed., revised. and additional – M.: Norma: NITs INFRA-M, 2019. – 864 p.
3. Kuzhikov D. A. Legal methods of changing the state and territorial structure of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 8. – P. 58-64.
4. Karpov N. N. Constitutional and legal relations: priority and prospects for improvement // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2018. – No. 6 (68). – S. 37-41.
5. Lungu E. V. Constitutional legal relations in the science of the constitutional law of the Russian Federation // Bulletin of the Tomsk State University. Right. – 2019. – No. 34. – P. 89-96.
6. Temnikova M.P. On the problem of subjects of constitutional and legal responsibility // North Caucasian Legal Bulletin. – 2018. – No. 2. – P. 50-53.
7. Farkhutdinova A. S., Aminov I. R. Constitutional legal relations and their subjects // International Journal of Humanities and Natural Sciences. – 2021. – No. 10-2 (61). – P. 257-260.
CONSTITUTIONAL LAW
MAMEEV Ibrahim Tagirovich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
ISAEVA Karina Mustngirovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
SOME ASPECTS OF THE IMPLEMENTATION OF THE INSTITUTE OF PUBLIC CONTROL IN THE RUSSIAN FEDERATION
This article is dedicated to the issues of public control in the Russian Federation. The study found that the institute of public control plays an important role in the constitutional and legal interaction of public authorities and civil society institutions. Its importance consists in limiting the possible abuse of powers by state and municipal authorities, taking into account the opinions of citizens when making politically significant decisions affecting vital areas of functioning of the population, exercising the right of citizens to legislative initiatives, promoting the prevention and resolution of social conflicts in society and the state.
Keywords: public control, public organizations, civil society, subjects of public control.
References
1. Malko A. V., Strus K. A. Legal foundations for the formation of civil society in modern Russia (a review of the materials of the All-Russian scientific and practical round table) // State and Law. – 2011. – No. 9. – P. 159-164.
2. Ignatiev N. P. Institutionalization of the Dialogue of Power and Civil Society in Modern Russia: Problems, Prospects // Uchenye zapiski Kazanskogo gosudarstvennogo universiteta. Humanitarian sciences. Volume 151, book. 1. – 2009. – P. 131-141.
3. Wet V. S. Local self-government in the Russian Federation as an institution of public authority in civil society. – Samara, 2003. – 336 p.
CONSTITUTIONAL LAW
KHABIBULLAEV Khadzhimurad Sultanovich
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
SAYBULAYEVA Saida Akhmedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University
THE RIGHT OF A CITIZEN TO PARTICIPATE IN THE MANAGEMENT OF STATE AFFAIRS: FORMS AND PROBLEMS OF IMPLEMENTATION
The article is devoted to the urgent problem of ensuring participation in the management of state affairs as a right of citizens arising from the fundamental principle of the constitutional system of the Russian Federation – democracy. Special attention is paid to the consolidation of this right of citizens of the Russian Federation in the normative acts of the state. The rights of citizens to influence the content of various state decisions are an expression of such a concept as democracy in a state governed by the rule of law. The article also examines the essence of the constitutional right to citizens’ participation in government, shows the importance of this institution for the formation of democracy in Russia, the construction of civil society and improving the efficiency of public administration. The analysis of the nature of the right of citizens to participate in the management of public affairs is carried out, we are talking about the dual role of such a right. Attention is paid to the forms of such participation provided by the legislator: directly or through representatives.
Keywords: the right of citizens, the management of state affairs, civil society, state bodies, political rights of citizens, the principle of democracy.
References
1. Buzakov A. Yu. Directions for improving the legal regulation of the implementation of the right of citizens to participate in managing the affairs of the state // Young scientist. – 2019. – No. 49 (287). – P. 285-287.
2. Gavrilova D. D., Linkin V. N. The right of citizens to participate in the management of state affairs // Fundamental foundations of the rule of law and topical issues of reforming modern legislation: collection of articles of the III International Scientific and Practicalconference, Penza, June 05, 2018 / Managing editor Gulyaev German Yuryevich. – Penza: ICNS “Science and Education”, 2018. – P. 15-17.
3. Evsikov K. S. Mechanisms for the implementation of the constitutional right of citizens to participate in the management of state affairs // Journal of Russian Law. – 2019. – No. 6 (270). – P. 36-49.
4. Obukhova A.D. Ensuring the right of citizens to participate in managing the affairs of the state // Alley of Science. – 2019. – T. 2. – No. 6 (33). – S. 517-527.
5. Plechistov N. S. The problem of realizing the right of citizens to participate in managing the affairs of the state // International Student Scientific Bulletin. – 2020. – No. 1. – P. 33.
6. Sidorov R. D. The right of citizens to participate in the management of state affairs // Young scientist. – 2022. – No. 30 (425). – P. 108-110.
7. Teplyashin I. V. Forms of participation of citizens in the management of state affairs: classical, promising and permissible // Constitutional and municipal law. – 2016. – No. 5. – P. 18-21.
8. Khorunzhiy S. N. All-Russian voting as a subsidiary form of realization of the constitutional right of citizens to participate in the management of state affairs // Law enforcement monitoring. – 2020. – No. 3 (36). – P. 9-15.
9. Tsymbal I.A. Some historical aspects of the development of the constitutional right of citizens to participate in the management of state affairs // Gaps in Russian legislation. – 2020. – No. 1. – S. 31-35.
10. Tsymbal I. A. The constitutional right of citizens of the Russian Federation to participate in the management of state affairs through the judicial authorities // Problems of Economics and Legal Practice. – 2021. – T. 17. No. 1. – S. 116-120.
CONSTITUTIONAL LAW
KHIZRIEV Hasan Magomedovich
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
KURBANOV Kurban Ramazanovich
lecturer of the Institute of Law of the Dagestan State University
CONSTITUTIONAL AND LEGAL FOUNDATIONS OF EQUALITY AND SELF-DETERMINATION OF THE PEOPLES OF THE RUSSIAN FEDERATION
This scientific article explores the constitutional and legal foundations of equality and self-determination of the peoples of the Russian Federation. The author analyzes the provisions of the Constitution of Russia concerning the rights and freedoms of peoples and discusses the practice of their implementation. The main emphasis is placed on guarantees of minority rights and the principle of self-determination of peoples, including aspects of cultural, linguistic and religious diversity. The article also deals with the protection of national minorities, including mechanisms to counter discrimination and violence on an ethnic basis. In conclusion, the author draws conclusions about the need to respect and strengthen the constitutional principles of equality and self-determination of peoples in order to maintain multinational unity and harmony in the Russian Federation
Keywords: constitutional and legal foundations, equality, self-determination, peoples, Russian Federation, Constitution, minorities, diversity, discrimination, violence, unity.
References
1. Aminov I. R. Constitutional and legal support of self-determination of the peoples of the Russian Federation // Vestnik BIST (Bashkir Institute of Social Technologies). – 2014. – No. 4 (25). – S. 69-71.
2. Akieva P. Kh. The right of the people to self-determination in Russia: problems of theory and reality // Liberal Democratic Values. – 2020. – V. 4. No. 1-2. – P. 1-13.
3. Morozova O. G. Constitutional and international law of the Russian Federation in the interpretation of the principle of “the right of nations to self-determination” // Theory and practice of social development. – 2014. – No. 5. – P. 229-231.
4. Minakova I. G. Constitutional and legal framework for the regulation of national policy in the Russian Federation // Science and education: economy and economy; entrepreneurship; law and management. – 2019. – No. 12 (115). – P. 63-65.
5. Simonov V. A. Problems of constitutional provision of equality and self-determination of the peoples of Russia // Implementation of the Constitution of the Russian Federation: state and prospects: Materials of the All-Russian scientific and practical conference, Omsk, December 06, 2018 / Responsible for the issue M. A. Buchakov. – Omsk: Omsk Academy of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 71-72.
CONSTITUTIONAL LAW
GORDEEV Kirill Vladimirovich
magister student of Constitutional and administrative law sub-faculty of the Law School of the Far Eastern Federal University
THE PROCEDURE FOR RESTORING THE DEATH PENALTY IN THE RUSSIAN FEDERATION: A CONSTITUTIONAL AND LEGAL STUDY
After the withdrawal of the Russian Federation from the institutions of the Councilof Europe, a discussion arose in Russian society about the restoration of the death penalty. In turn, this caused controversy about the mechanism of its restoration. The author analyzes the prevailing points of view: the change in the position of the Constitutional Court of the Russian Federation on this issue; the need to adopt a new Constitution of the Russian Federation. Based on the analysis of the constitutional text, the author concludes that it is impossible to restore the death penalty at this stage of the constitutional development of Russia, in connection with which the adoption of a new constitutional text will be required to restore such a criminal punishment as the death penalty.
Keywords: death penalty, Constitution, constitutional and legal regime, moratorium, positions of the Constitutional Court, adoption of a new Constitution.
References
1. Kokotov A. N. The Constitutional Court of Russia and the protection of rights and freedoms // Lex Russica. – 2020. – № 10.
2. Commentary on the Constitution of the Russian Federation (item-by-article): taking into account the changes approved during the all-Russian vote on July 1, 2020. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2021.
3. Lepeshkina O. I. The death penalty. Comprehensive research experience. – St. Petersburg: Legal Center Press, 2010.
4. Tsaliev A. M. The right to life and the death penalty // Legality. – 2013. – No. 12.
CONSTITUTIONAL LAW
BADYSHEVA Marzhanat Ibragimovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
RADZHABOV Fikret Gaziakhmedovich
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
THE CONSTITUTIONAL PRINCIPLE OF POLITICAL DIVERSITY IN RUSSIAN LEGISLATION AND THE PRACTICE OF ITS IMPLEMENTATION
This scientific article explores the constitutional principle of political diversity in Russian legislation and the practice of its implementation. The author analyzes the constitutional norms regulating political diversity in Russia and studies their compliance with international standards and principles of democracy. The article also examines the practice of implementing this principle in the Russian political system, including registration procedures for political parties, elections and access to media resources. The authors conduct a critical analysis of the existing problems and challenges associated with the implementation of the constitutional principle of political diversity, and suggests possible ways to improve it.
Keywords: constitutional principle, political diversity, Russian legislation, international standards, democracy, political parties, elections, media resources, problems, improvement.
References
1. Bulgucheva F. B. Constitutional principles of ideological and political diversity as guiding principles for the formation of a modern party system in the Russian Federation // Legal Fact. – 2022. – No. 177. – P. 19-24.
2. Berdiev H. A., Khevsakov A. V. Ideological diversity in the system of foundations of the constitutional system // Actual problems of law: Collection of scientific articles of undergraduates / Edited by B. G. Koibaev. Volume Issue 5. – Vladikavkaz: IP Tsopanova A. Yu., 2019. – P. 64-70.
3. Getmansky D. O. Problems of implementation in the Russian Federation of the constitutional principles of ideological and political diversity in the field of information technology // Young scientist. – 2019. – No. 25 (263). – P. 275-278.
4. Golovchenko V. I. The specifics of the implementation of the constitutional principle of political diversity in the process of democratic transformations in Russia // The system of constitutional law in modern Russia: values, principles, institutions and norms: Proceedings of the XI International Constitutional Forum dedicated to the 110th anniversary of the Saratov State University. N. G. Chernyshevsky, Saratov, December 10–12, 2019. – Saratov: Publishing house “Saratov source”, 2020. – P. 66-69.
5. Isaev M. U., Isaeva K. M. Constitutional and legal mechanism for implementing the principle of political diversity // Eurasian legal journal. – 2021. – No. 11 (162). – P. 136-137.
CONSTITUTIONAL LAW
SALMANOV Nizam Nazirmagomedovich
magister student of Constitutional and international law sub-faculty of the Dagestan State University
IMPLEMENTATION OF THE PRINCIPLE OF SEPARATION OF POWERS IN THE RUSSIAN FEDERATION
The relevance of the article is determined primarily by the need to improve the ways of implementing state power in modern Russiaat the level of not only the Russian Federation, but also at the level of the constituent entities of the Russian Federation.
The article is dedicated to the study of the concept of separation of powers and its implementation in the structure of the modern state.
The article deals with the powers of the President of the Russian Federation from the standpoint of his constitutional and legal status, studied his functions and powers as the head of state.
Keywords: president, constitution, state, power, powers, veto, system, subject, state, decree.
References
1. Chepurnova N. M. Essence and content of the constitutional principle of separation of powers in the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 2. – S. 86.
2. Karasev A. T., Morozova A. S. The head of state in the system of separation of powers: some questions about the characteristics of powers // Constitutional and municipal law. – 2013. – No. 8. – P. 65.
3. Stolitsa Yu. A., Fomina M. G. The system of public authorities in the subjects of the Russian Federation // The best scientific article 2017: collection of articles of the XIV international scientific and practical competition. – M., 2017. – S. 160.
4. Kutafin O. E. Head of state. Monograph: textbook. – Moscow: Prospekt Publishing House, 2021. – P. 28.
ADMINISTRATIVE LAW
BAKULINA Irina Petrovna
Ph.D. in Law, associate professor of Theoretical and public law disciplines sub-faculty of the Tyumen State University
PROBLEMS OF IMPLEMENTATION OF ADMINISTRATIVE REFORM OF THE SYSTEM OF ENSURING SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION
The analysis of statistical indicators in the field of healthcare allows us to conclude that the ongoing administrative reform is ineffective. In the complex of reasons for the critical state of the health care system, the problems of the correlation of the powers of executive authorities, the problems of coordinating their activities for the organization of immunoprophylaxis of infectious diseases, the organization of medical care for infectious patients are highlighted. The suboptimal distribution of functions between bodies leads to a dilution of responsibility, inefficient use of budget funds, and aggravates other problems. Proposals are formulated to improve the system of ensuring the sanitary and epidemiological welfare of the population in Russia.
Keywords: infectious diseases, sanitary and epidemiological well-being of a person, public administration in the field of healthcare.
References
1. Health care in Russia 2022–2023: urgent measures in the context of a special situation in the economy and social sphere. Problems and suggestions. // ORGZDRAV: news, opinions, training. Vestnik VSHOUZ. – 2022. – V. 8, No. 2. – S. 22-47.
2. Kolesnikov A. V. Health care in rural areas // Bulletin of rural development and social policy. – 2019. – No. 3 (23). – P. 30-37.
3. Polukhina M. G. Formation of the availability of medical care in rural areas as a key element of sustainable development // Regional Economics: Theory and Practice. – 2019. – V. 17. No. 2. – S. 308-330.
4. Chernyshev V. M., Voevoda M. I., Mingazov I. F. On the inconsistency of personnel policy in healthcare in Russia // Siberian Scientific Medical Journal. – 2019. – No. 6. – S. 107-115.
ADMINISTRATIVE LAW
GOROVENKO Sergey Viktorovich
Ph.D. in Law, associate professor of Public health and healthcare sub-faculty of the Tyumen State Medical University of the Ministry of Health of the Russian Federation
IMPROVEMENT OF THE REGIONAL MANAGEMENT SYSTEM IN AN EMERGENCY SITUATION CAUSED BY THE SPREAD OF A DISEASE THAT POSES A DANGER TO OTHERS
Protection of the population from emergency situations is one of the priorities of state management activities. The current legislation in this area is not fully adapted to counteract the spread of dangerous diseases. At the same time, as the practice of combating the COVID-19 epidemic shows, the main burden of making managerial decisions and monitoring their implementation rests on the authorities of the constituent entities of the Russian Federation. As a result, the possibility of improving regional legislation in the field of protection of the population from emergency situations requires analysis. In this regard, special legal emergency preparedness regimes of this type are proposed for implementation, the grounds for their introduction and cancellation are analyzed. The necessity of transferring part of the powers in the field of sanitary and epidemiological control (supervision) to the regional and municipal level when such regimes are put into effect is also justified.
Keywords: emergency situation, control (supervision), epidemic, sanitary and epidemiological well-being.
References
1. Shafigulin K. V. The threat to national security associated with the problem of public administration to counteract the spread of a new coronavirus infection // State power and local self-government. – 2021. – No. 3. – P. 11-15.
2. Vinokurov V. A. Sanitary and epidemiological welfare of the population and new coronavirus infection: problems of legal regulation // Medical Law. – 2020. – No. 4. – P. 9-19.
3. Pyankova A. F. Legal grounds for introducing measures in the regions of Russia to prevent the spread of a new coronavirus infection // Law. – 2020. – No. 5. – P. 53-59.
4. Vereshchagin A., Rumak V. The pandemic has demonstrated that decentralization makes power more efficient [Interview with S. A. Belov] // Law. – 2020. – – No. 5. – P. 8-13.
5. Sakhno A. I., Sivolapov M. P. Topical issues of legal regulation of the regimes of activities of public authorities during the period of the threat of the spread of infectious, mass non-infectious diseases in the Russian Federation // IV Siberian Legal Readings: State and Law in Conditions of Global Restrictions: Collection articles based on the results of the International Scientific and Practical Conference, Tyumen, October 30, 2020 – P. 310-313.
6. Zhavoronkova N. G., Vypkhanova G. V. Legal problems of increasing the effectiveness of measures to prevent and eliminate emergency situations in modern conditions // Journal of Russian Law. – 2021. – No. 1. – P. 111-126.
7. Konovalov A. M. Are the high alert regimes and subsequent restrictions on rights and freedoms legally introduced in the territories of the constituent entities of the Russian Federation? // State power and local self-government. – 2020. – No. 7. – P. 32-34.
8. Vinokurov V. A. Problems of legal regulation arising in the liquidation of a new type of emergency situations // Theory of State and Law. – 2020. – No. 4 (20). -WITH. 49-55.
9. Popova N. F. Measures of administrative coercion used to ensure the sanitary and epidemiological welfare of the population // Russian justice. – 2021. – No. 3. – P. 16-19.
10. Usmanova R. M. On the issue of the activities of local governments in the field of sanitary and epidemiological welfare of the population // State power and local self-government. – 2019. – No. 8. – P. 35-39.
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer in administrative and financial law sub-faculty of the Dagestan State University
ABUSALIMOV Sainutdin Abubakarovich
magister student of Civil law sub-faculty of the Dagestan State University
PROSECUTOR’S SUPERVISION AS A WAY TO ENSURE THE RULE OF LAW IN THE SPHERE OF EXECUTIVE POWER
This article examines the prosecutor’s supervision in the sphere of executive power as a way to ensure the rule of law in our country. Attention is drawn to the fact that the prosecutor’s supervision in this area acts as a general supervision of compliance with the Russian Constitution and laws by executive authorities. It is said about the importance of legality in the sphere of executive power due to the fact that many violations of legality are committed in Russia, manifested in the form of corruption, bribery, abuse of official position. Some problems that arise during prosecutorial supervision are listed. It is concluded that it is necessary to introduce new methods of prosecutorial supervision to replace the forms of activity that have lost relevance.
Keywords: prosecutor’s supervision, legality, regulatory legal acts, prosecutor’s office, public authorities.
References
1. Eremina N.V. The place of the Prosecutor’s Office of the Russian Federation in the system of separation of powers (theoretical and legal research): author. dis. … cand. legal Sciences. – Moscow, 2009. – 29 p.
2. Karmolitsky A. A. Prosecutorial supervision in the sphere of executive power // Bulletin of Moscow University. Episode 11 – 2013. – No. 1. – P. 34-45.
3. Lapshin V. E., Yunusov A. A., Egorova O. O. The main directions of the implementation of prosecutorial supervision in Russia at the present stage // Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2021. – No. 2. – P. 164-168.
4. Nepein GG On some problems of the implementation of prosecutorial supervision over the execution of laws by bailiffs // Kriminalist. – 2017. – No. 1 (20). -WITH. 55-59.
5. Sagdieva E. M., Maksimova M. A. Ensuring the rule of law in the activities of executive authorities // Colloquium-Journal. – 2019. – No. 10-4 (34). – S. 22-23.
ADMINISTRATIVE LAW
POPOVA Yuliya Alexandrovna
Ph.D. in Law, professor, Head of Civil and administrative proceedings sub-faculty of the North Caucasus branch of the Russian State University of Justice
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University
ABOUT THE PERSONS PARTICIPATING IN THE CASE, IN ADMINISTRATIVE PROCEEDINGS: PROBLEMS OF LEGAL REGULATION
The persons participating in the case act as the main subjects giving the course and movement to the administrative case. An administrative plaintiff belonging to this category of participants begins the process on the case, without an administrative defendant, its continuation is not possible, the participation of the prosecutor and public authorities in resolving the dispute in some cases is mandatory. Within the framework of this work, the problem of the lack of a legal definition of the persons involved in the case is considered. This work is also devoted to the analysis of persons involved in the case in administrative proceedings. The work reveals the specific features of the persons involved in the case in administrative proceedings, which make it possible to separate this type of proceedings from others provided for by law. Some of the current Russian procedural legislation regulating the problematic status of persons participating in the case in administrative proceedings are identified.
Keywords: persons participating in the case; the recoverer; the debtor; the prosecutor; state authorities; interested persons; succession; complicity; administrative proceedings; arbitration proceedings; civil proceedings.
References
1. Code of Administrative Procedure of the Russian Federation of March 8, 2015 No. 21-FZ // SZ RF.
2. Konorezov N. A. To the question of the classification of subjects of civil procedural legal relations // Humanitarian, socio-economic and social sciences. 2022. No. 5. P. 122-125.
3. Artebyakina N. A. Theoretical and practical problems of the institution of persons involved in the case: Abstract of the thesis. … cand. legal Sciences. Saratov, 2010. 23 p.
4. Mokhov A. A., Vorontsova I. V., Semenova S. Yu. Civil process (civil procedural law) of Russia: textbook / Ed. ed. A. A. Mokhov. M.: OOO “Legal Firm Contract”, 2017. 384 p.
5. On the preparation of civil cases for trial: Decree of the Plenum of the Supreme Court of the Russian Federation dated June 24, 2008 No. 11 // Rossiyskaya Gazeta. 2008. No. 140.
6. In the case of checking the constitutionality of Part 1 of Art. 320, part 2 of Art. 327 and Art. 328 Code of Civil Procedure of the Russian Federation in connection with the complaints of a citizen E. V. Aleinikova and a limited liability company “Three K” and inquiries of the Norilsk City Court of the Krasnoyarsk Territory and the Central District Court of the City of Chita: Resolution of the Constitutional Court of the Russian Federation dated April 21, 2010 No. 10- P // SZ RF. 2010. No. 19. Art. 2357.
7. Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ (as amended on April 14, 2023) // SZ RF. 11/18/2002. No. 46. Art. 4532.
8. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023) // SZ RF. 07/29/2002. No. 30. Art. 3012.
9. Explanatory note “To the draft Code of Administrative Procedure of the Russian Federation, draft federal laws “On the Enactment of the Code of Administrative Procedure of the Russian Federation”, “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Entry into Force of the Code of Administrative Procedure of the Russian Federation” and to the draft federal constitutional law “On Amendments to Certain Federal Constitutional Laws in Connection with the Enactment of the Code of Administrative Procedure of the Russian Federation” // SPS “ConsultantPlus” (date of access: 06/30/2023).
10. Review of the judicial practice of the Supreme Court of the Russian Federation No. 3 (2015) (approved by the Presidium of the Supreme Court of the Russian Federation on November 25, 2015) (as amended on March 28, 2018) // ConsultantPlus SPS (accessed on June 30, 2023).
11. On procedural terms: Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 99 (as amended on December 23, 2021) // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2014. No. 3.
ADMINISTRATIVE LAW
BAKULINA Irina Petrovna
Ph.D. in Law, associate professor of Theoretical and public law disciplines sub-faculty of the Tyumen State University
PROBLEMS OF LEGAL PROVISION OF SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION AND ACHIEVING A BALANCE OF PUBLIC AND PRIVATE INTERESTS IN THE IMMUNOPROPHYLAXIS OF INFECTIOUS DISEASES
Official statistics of infectious diseases in Russia show that according to the results of last year, a fairly high level of their prevalence was recorded, including those classified as socially significant. In order to reduce the level of threats to national security, the task of forming an effective system for the prevention of such diseases has been set. The solution of this task is the responsibility of state bodies at the federal and regional levels, as well as local self-government bodies. However, it follows from the reporting documents of public administration bodies in the field of healthcare that such a system has not been created so far. The control and supervisory activities of Rospotrebnadzor are mainly aimed at identifying violations and bringing to justice, while the issues of immunoprophylaxis involve the search for a balance of public and private interests in administrative and legal regulation.
Keywords: infectious diseases, immunoprophylaxis, sanitary and epidemiological well-being of a person, sanitary and epidemiological service.
References
1. Ananyeva E. O., Ivliev P. V., Shmaeva T. A. Vaccination of the population: the right, the duty of citizens or the interest of the state // Law and Law. – 2021. – No. 3. – S. 38-42.
2. Astafichev P. A. Problems of implementation of constitutional rights and freedoms of man and citizen in the context of the COVID-19 pandemic // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – S. 42-53.
3. Bandurin A. P., Samygin P. S., Sizova N. M. Problems of protecting the constitutional rights and freedoms of Russian citizens during the pandemic // Humanitarian, socio-economic and social sciences. – 2020. – No. 6. – P. 75-79.
4. Schepelkov VF, Olennikov SM On the issue of social validity and constitutional and legal justification for compulsory vaccination of the population // Criminalist. – 2020. – No. 3 (32). – P. 28-36.
5. Yastrebov O. A. Mandatory vaccination: social benefit or violation of individual rights // Vestnik RUDN University. Series: Legal Sciences. – 2022. – T. 26. – No. 1. – S. 210-235.
ADMINISTRATIVE LAW
KURBANOV Ahmed Ramilovich
student of the 2nd course of the extramural paid department of the Institute of Law of the Dagestan State University, majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree
GIMBATOV Gamzat Muradovich
student of the 2nd course of the extramural paid department of the Institute of Law of the Dagestan State University, majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree
AKAEVA Kamila Timurlanovna
student of the 2nd course of the extramural paid department of the Institute of Law of the Dagestan State University, majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree
GASANALIEV Aigum Shapievich
Ph.D. in Law, associate professor of Administrative, financial, and customs law sub-faculty of the Institute of Law of the Dagestan State University
PROBLEMS OF EXECUTIVE POWER DEVELOPMENT. RECOMMENDATIONS FOR IMPROVING THE EXECUTIVE POWER SYSTEM IN THE RUSSIAN FEDERATION
The article examines the general problems of the development of the executive branch in the Russian Federation, describes the ways to solve them, and provides recommendations for improving the level of development of the executive branch in the Russian Federation.
The executive branch of government is one of the key components of the political system in any country. It plays an important role in implementing legislation, ensuring stability, and facilitating the effective functioning of the state. In the Russian Federation, the executive branch holds special significance as it interacts with the legislative and judicial branches to ensure the implementation of state policies and the protection of citizens’ interests.
Keywords: Executive power; corruption; accountability measures; government agencies; system of public administration.
References
1. Alekseev I. A., Stankevich G. V., Tsapko M. I., Svistunov A. A., Belyavsky D. S., Khabibulina O. V. Administrative law. Textbook. – M.: Prospekt, 2020. – S. 199-205.
2. Alekhin A.P. Practicum Administrative law of the Russian Federation. – M.: Zertsalo, 2020. – S. 80-86.
3. Ivanov DV Administrative law of the Russian Federation. – M.: Synergy University Publishing House, 2020. – P. 73-77.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, assistant of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba 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 Patrice Lumumba Peoples’ Friendship University of Russia
FEATURES OF JUDICIAL CONTROL IN THE SPHERE OF PUBLIC POWER ON THE EXAMPLE OF ANGLO-SAXON COUNTRIES
The presented study summarizes the results of the study of Anglo-Saxon administrative justice obtained over 5 years. This article focuses on the features of judicial control in the sphere of public power on the example of Anglo-Saxon countries. The most characteristic examples from judicial practice are considered, as well as an analysis of legal doctrines and current laws is given for a more nuanced understanding of the specifics of judicial control in this legal system.
Keywords: administrative justice, Anglo-Saxon legal family, administrative tribunals, judicial control over public administration, judicial review, the doctrine of proportionality.
References
1. Cumper Peter &with Walters Terry, Constitutional & Administrative Law // Oxford University Press, 2001. – P. 291.
2. Wade H. W. R. & Forsyth C. F. Administrative Law / 9th ed. – Oxford University Press, 2004.
3. Attorney General (NCSW) v Quin (1990) 170 CLR at 35-36 per Brenan J Justice McClellan. – R. 16.
4. Bamforth N. The public law–private law distinction: a comparative and philosophical approach’, in Leyland, P and Woods, T (eds) // Administrative Law Facing the Future: Old Constraints and New Horizons. – 1997, London: Blackstone.
5. Cranston. ‘Reviewing judicial review’, in Richardson and Genn (eds), Administrative Law and Government Action, 1994.
ARBITRATION
BASHILOV Boris Igorevich
Ph.D. in Law, senior lecturer of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
OLEYNIK Anton Denisovich
student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PROCEDURAL AND LEGAL FEATURES OF ESTABLISHING THE SUBJECT OF EVIDENCE AND CHALLENGING PREFERENTIAL TRANSACTIONS
In the article the authors analyze the legislative provisions, scientific works related to the legal regulation of transactions entailing giving preference to one of the creditors to other creditors, identify problems of modern approach to the challenge of transactions.
Keywords: bankruptcy, disputing debtor transactions, preferential transactions, court proceedings, arbitration process.
References
1. Kovalev S. I. Separate problems of contesting in the framework of the bankruptcy procedure for transactions “with preference” // Property relations in the Russian Federation. – 2014. – S. 67-74.
2. Kadlec V. A., Zelenskaya L. A. On the issue of proving negative facts // Scientific support of the agro-industrial complex. – 2017. – S. 778-779.
3. Sysoeva O. V. Transactions with preference: problems of law enforcement // Bulletin of the Omsk University. Series: right. – 2013. – P. 105-111.
4. Panchenko P. V., Frolova E. E. Implementation of the principle of assistance of the parties upon termination of the obligation and after termination // Gaps in Russian legislation. – 2018. – No. 4. – S. 136-142.
MUNICIPAL LAW
LEIS Alexander Vladimirovich
postgraduate student of Municipal law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
GUIDELINES FOR MUNICIPAL REFORM IN THE PRACTICE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
In the conditions of the municipal reform being conducted in the country and the uncertainty regarding the future characteristics of the organizational foundations of local self-government, it is necessary to refer to the practice of the Constitutional Court of the Russian Federation, which is already capable of defining guidelines for the reform of local self-government in Russia. The author examines a series of acts of constitutional control during the period from 2020 to 2023, adopted under the new constitutional conditions, and raises a number of relevant issues for this sphere that will have to be faced during the municipal reform.
Keywords: local self-government, unified system of public power, the Constitutional Court of the Russian Federation.
References
1. Goleshchikhin V. S. The Institute of Charters of Municipalities as a Sacred Rudiment of Federal Legislation// Actual problems of Russian law. 2022. No. 5. S. 11-20. DOI: 10.17803/1994-1471.2022.138.5.011-020.
2. Leis A. V. Local self-government in the new constitutional conditions // Bulletin of the Tyumen State University. Socio-economic and legal research. 2021. Volume 7. No. 4 (28). pp. 235-252. DOI: 10.21684/2411-7897-2021-7-4-235-252.
3. Poleshchenko D. A. Chertkov A. N. Correlation between state power and local self-government in Russia: the history of zemstvos and the present. Klintsy: Publishing house of the State Unitary Enterprise “Klintsy City Printing House”, 2011. 208 p.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D.in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D.in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ACTUAL PROBLEMS OF THE DEVELOPMENT OF THE TRADE UNION MOVEMENT IN MODERN RUSSIA
This article examines in detail the need to strengthen and develop the trade union movement in Russia as an institution for the formation of civil society. Objective problems are analyzed that make it very difficult for the trade union to carry out effective activities to protect the rights and interests of workers. It also examines in detail the current ways of developing and improving the trade union movement, which must be implemented by all participants in the social partnership and, first of all, the state.
Keywords: trade union, labor market, employee, employer, minimum wage, social partnership, legal protection of workers, government program, litigation, civil society.
References
1. Federal Law No. 10-FZ of January 12, 1996 “On trade unions, their rights and guarantees of activity.”
2. Teziev T. M. Trade unions – a political institution of the stability of society and the state // Socio-economic sciences for the humanities. – 2016. – No. 13. – P. 130-136.
3. Pobegailov O. A. Trade unions in the political and economic life of Russia in the late XX – early XXI century // XX century and Russia: society, reforms, revolutions. – 2020. – No. 8. – P. 124-133.
CIVIL LAW
BAISOV Murat Mussovich
magister student of the North-Caucasian State Academy
ODEGNAL Ekaterina Aleksandrovna
Ph.D. in Law, associate professor of the North Caucasus State Academy
LEGAL REGULATION OF INTERNET PAYMENT SERVICES
The article discusses the concept and types of Internet payments. Attention is paid to the legal regulation of Internet payments. The separation of Internet payments from settlement relations regulated by the norms of Chapter 46 of the Civil Code of the Russian Federation is carried out. The types of payment services are disclosed. The classification of payment services is related to the types of Internet payments. The article formulates proposals for improving the legal regulation of Internet payments.
Keywords: Internet payment, Internet banking, remote payment, Electronic money.
References
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) (as amended and supplemented, effective from January 1, 2022) / / Collection of legislation of the Russian Federation, 29.01.1996, No. 5, art. 410.
2. Federal Law of August 7, 2001 No. 115-FZ (as amended on June 13, 2023) “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” // Collected Legislation of the Russian Federation, 13.08.2001, No. 33 (part I), art. 3418.
3. Federal Law No. 161-FZ of June 27, 2011 (as amended on December 28, 2022) “On the National Payment System” // Collection of Legislation of the Russian Federation, July 4, 2011, No. 27, art. 3872.
4. Shakhbazyan M. G. Civil law regulation of Internet payments in the Russian Federation. Dis. … cand. legal Sciences. M., 2020.
5. Shakhbazyan M. G. Some aspects of the legal regulation of Internet payments (experience of the countries of the European Union) // Lawyer. 2017. No. 4.
CIVIL LAW
BOCHKARNIKOVA Valeriya Andreevna
specialist of Civil law sub-faculty of the East-Siberian branch of the Russian State University of Justice, Irkutsk
BURKHANOV Rustam Davurovich
master student of the 3rd course of the East-Siberian branch of the Russian State University of Justice, Irkutsk
BURKHANOVA Sofya Davurovna
Chairman of the SSS of the East-Siberian branch of the Russian State University of Justice, Irkutsk
THE LEGAL ESSENCE OF THE LEGAL RELATIONSHIP TO COMPENSATE FOR THE LOST: THEORETICAL APECTS AND PROBLEMS OF APPLICATION PRACTICE
The authors define a civil relationship as a relationship regulated by the norms of civil law. It is revealed that a special place in the system of civil legal relations is occupied by the legal relationship to compensate for the lost. It is concluded that the legal relationship to compensate for the lost arises due to a special legal fact – causing harm, regardless of the presence or absence of an agreement between the subjects of civil circulation. It is stated that the basis of the legal relationship for the compensation of the lost is an offense, and for its correct qualification it is necessary to identify all the elements of the composition.
Keywords: legal relationship to compensate for the lost, elements of the relationship, subject, object and content of the relationship, legal facts, elements of the offence.
References
1. Alekseev S.S. Civil law in questions and answers. 2nd ed., revised. and additional: textbook. allowance / Ed. S. S. Alekseeva. – Ekaterinburg: Institute of Private Law, 2014. – 536 p.
2. Belov V. A. Obligation law: textbook for universities. –Moscow: Yurait Publishing House, 2023 – 424 p.
3. Civil law. In 4 vols. Vol. 1: General part / Resp. ed. E. A. Sukhanov. – M.: Wolters Kluver, 2014. – 720 p.
4. Nevzgodina E. L. On the problem of civil legal representation // Bulletin of the Omsk University. – 2008. – № 2. – P. 127-133.
5. Podsvirov VV The content of civil legal relations: problems of theory and practice of civil law regulation // Bulletin of the Expert Council. – 2020. – No. 1. – P. 147-151.
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
SAMSONOV Evgeniy Dmitrievich
postgraduate student of the Samara State University of Economics
CURRENT PROBLEMS OF APPLICATION OF THE INSTITUTE OF CONDITIONAL PERFORMANCE OF OBLIGATIONS
The article is dedicated to one of the most pressing issues in the field of the general part of the law of obligations, namely, the practice of applying the institution of conditional performance, which appeared in Russian civil law during the 2015 reform. Currently, there are many deeply theoretical works devoted to this topic, but there are questions, the answers to which still cause discussions among Russian civilists. Such doctrinal problems, in particular, include questions of the correlation of this institution with other private law phenomena, as well as the study of the possibility of “transforming” the conditions when the actual circumstances of the dispute change.
Keywords: conditional fulfillment of an obligation, conditional transaction, potestative conditions, suspensive conditions, resolutive conditions
References
1. Nam K. V. Transactions: Commentary on the Glosse. Conditional transactions. German approach // Bulletin of economic justice of the Russian Federation. 2018. No. 11. P. 75-108.
2. Fulfillment and termination of obligations: commentary on articles 307-328 and 407-419 of the Civil Code of the Russian Federation [Electronic edition. Revision 2.0] / Rev. ed. A. G. Karapetov. Moscow: M-Logos, 2022. 1496 p. (Commentaries on civil law #Gloss.)
3. Melnichenko O.A. Some issues of conditional and reciprocal fulfillment of obligations // Law. 2017. No. 1. P. 122-135.
4. Zakharkina A. V. Positivation of the institution of conditional fulfillment of obligations as a necessary condition for increasing the investment attractiveness of the Russian legal system // Bulletin of the Perm University. 2018. P. 240-263.
5. Gromov S. A. Abstracts for the round table of the legal institute “M-Logos” “Problematic issues of conditional transactions”. 2017. [Electronic resource]. – Access mode: https://m-logos.ru/mlogos_publication/nauchnyi_kruglyi_stol_problemnye_voprosy_uslovnyh_sdelok/
CIVIL LAW
DONSKOY Oleg Olegovich
student of the majoring in Jurisprudence, specialization: “Legal Support of Business (Business Lawyer)”. Level of education: Master’s degree of the Faculty of Law of the Patrice Lumumba People’s Friendship University of Russia
DIGITAL FINANCIAL ASSETS IN THE RUSSIAN FEDERATION AND THEIR LEGAL REGULATION
The paper examines the legal regulation of digital financial assets (cryptocurrencys) and identifies the shortcomings of the existing regulatory framework. The vector of legislation development within the framework of regulation of digital financial assets and the attitude of state bodies of the Russian Federation to this phenomenon is determined. The conclusion is made that the existing regulatory framework of the Russian Federation lacks regulation for certain types of tokens and cryptocurrencies, which have different functionality and structure, there is no regulation of mining, which predetermines the whole crypto-business. The importance of legal regulation of mining is defined due to the fact that this type of activity causes certain damage to environmental safety, because the process of cryptocurrencies consumes a lot of electrical energy.
Keywords: digital financial assets, taxation, legal regulation, legislation, tokens, cryptocurrencies, blockchain.
References
1. Karelina S. A., Frolov I. V. The legal regime of cryptocurrency and the institution of insolvency (bankruptcy): problems of legal regulation // Law and digital economy. – 2019. – No. 4. – P. 14-18.
2. Pavlov I. Yu., Kim O. L. The impact of restrictions in a pandemic on the economic performance of business in Russia // State and regional development: opportunities and limitations in a pandemic. – 2021. – S. 252-256.
CIVIL LAW
ZUBKOVA Mariya Nikolaevna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State University of Economics
IBRYASHKINA Anastasia Sergeevna
magister student of the Institute of Law of the Samara State University of Economics
BINARY OPTION: CONCEPT, SPECIFICS, PROSPECTS
The rapidly growing scale of digitalization and the global technological re-equipment of financial markets based on modern information technologies have predetermined the emergence of a new type of income generation – trading on online platforms of financial assets. At the moment, one of the most relevant and adapted for non-professional traders is the binary options market, which has become very popular in a short time. This article is devoted to the study of the concept of “binary option”, the types of existing binary options, as well as the problems of using binary options in modern conditions.
Keywords: option, financial instrument, term transaction, securities.
References
1. Markov S. N., Cherepovetsky P. S. Binary options: concept, types and problems // Scientific research: from theory to practice. – 2015. – No. 3. – P. 329-331.
2. Pietrzyk, Radosław & Rokita, Pavel. (2018). Determination of the Own Funds Requirements for the Risk of Binary Options. 10.1007/978-3-319-76228-9_3.
3. Victor Yekimetsky. binary options. Gambling or financial instrument? [Electronic resource]. – Access mode: https://www.nasdaq.com/articles/binary-options-gambling-or-financial-instrument-2016-01-04.
CIVIL LAW
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University
KLYSHEVSKY Alexander Sergeevich
student of the Far Eastern Federal University
VRONSKAYA Mariya Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Far Eastern Federal University, Civil law disciplines sub-faculty of the Vladivostok State University
FUNCTIONING OF VOLUNTARY MEDICAL INSURANCE IN THE RUSSIAN FEDERATION: CONCEPT, TYPES, ADVANTAGES AND DISADVANTAGES
The article examines the legal functioning of voluntary health insurance in the Russian Federation. The authors identify the types of voluntary medical insurance and consider their features, including paying attention to the insurance of foreigners and stateless persons. The essential advantages and the resulting disadvantages of this type of insurance are also analyzed. We believe that the development of this topic will expand the range of these legal relations, increase the demand for the conclusion of this insurance contract.
Keywords: voluntary medical insurance, policy, insurer, policyholder, insured person, insurance contract.
References
1. Bondar Yu. V. On the content of internal and external problems in the development of voluntary medical insurance in Russia // Baikal Research Journal. 2015. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-soderzhanii-vnutrennih-i-vneshnih-problem-v-razvitii-dobrovolnogo-meditsinskogo-strahovaniya-v-rossii (date of access:06/07/2023).
2. Geraskina O. A. Problems and prospects of compulsory medical insurance and voluntary medical insurance in Russia // Politics, Economics and Innovations. 2016. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-i-perspektivy-obyazatelnogo-meditsinskogo-strahovaniya-i-dobrovolnogo-meditsinskogo-strahovaniya-v-rossii (date of access: 06/07/2023).
3. Zemlyacheva O.A., Merzlikina Yu.V. Compulsory and voluntary medical insurance in Russia // Scientific Bulletin: finance, banks, investments. 2015. No. 2 (31). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obyazatelnoe-i-dobrovolnoe-meditsinskoe-strahovanie-v-rossii (date of access: 06/07/2023).
4. Sharifyanova Z. F., Minigazimova L. F., Mukhametyanova L. R. Voluntary medical insurance (VHI) and compulsory medical insurance (CHI): a comparative analysis // Innovatsionnaya nauka. 2016. No. 5-1 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/dobrovolnoe-meditsinskoe-strahovanie-dms-i-obyazatelnoe-meditsinskoe-strahovanie-oms-sravnitelnyy-analiz (date of access: 06/07/2023).
CIVIL LAW
MASALIMOVA Albina Almazovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Bashkir State University
TO THE QUESTION OF THE PECULIARITIES OF THE LEGAL NATURE AND CONDITIONS OF THE TRANSPORT EXPEDITION CONTRACT
In the article, the author identified the features of the legal nature of the transport expedition agreement. It was concluded that it is a named framework agreement. The problem of determining the essential conditions of the contract of the transport expedition was investigated due to the fact that the Law of the Russian Federation “On Forwarding Activities” lists only the structural elements of this contract. The classification of the terms of the contract of the transport expedition was determined, the feasibility of such a classification was investigated.
Keywords: contract of transport expedition, material terms of the contract, subject of contract of transport expedition, transportation and expeditionary services.
Bibliography by article
1. Braginsky M.I., Vitryansky V.V. Contract law. Book One: General Provisions. M.: Statut, 2011. 847 p.
2. Gudovskikh T. S. The system of framework agreements in the field of transportation // Transport law. 2018. No. 3. P. 21-23.
3. Morozov S. Yu. On the subject and subject composition of the transport expedition agreement // Civil law. 2017. No. 6. P. 3-7.
4. Ivanova A. I. Pitfalls of the transport expedition agreement // Administrative law. 2011. No. 1. P. 45-50.
5. Raynikov A. S. Framework agreement: a commentary on the comment // Bulletin of Civil Law. 2019. No. 5. P. 186-202.
6. Kamenkov V. S. The subject of the transport expedition agreement // Transport law. 2014. No. 3. P. 40-46.
CIVIL LAW
ULAEVA Nataliya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
CERTAIN LEGAL ASPECTS OF THE PROVISION OF PAID VETERINARY SERVICES
The article analyzes the provisions of general and special legislation regulating paid (paid) veterinary services, examines certain problematic aspects that arise in practice related to the issues of concluding a contract and its terms, the specifics of the subject and subject composition arising from the specifics and consumer properties of paid veterinary services. The article also pays attention to certain problematic issues of guaranteeing the provision of paid (paid) veterinary services and protecting the rights and legitimate interests of consumers
Keywords: paid services, paid veterinary services, contract for paid services, security guarantees, protection of civil rights.
References
1. Ivanyukhina N. V. Legal regulation of contractual relations for the provision of veterinary services (for example, the city of Moscow): dis. … cand. legal Sciences. – M., 2009. – S. 106-107.
2. Civil law: Textbook. T. II / Ed. Dr. jurid. sciences, prof. HE. Sadikov. – M.: “CONTRACT”: INFRA-M, 2010. – S. 216.
CIVIL LAW
YUSUPOVA Zilya Fanilovna
Notary of the Volga Federal District of the Republic of Bashkortostan, Chekmagushevsky District
LEGAL FEATURES OF THE JOINT TESTAMENT OF THE SPOUSES IN THE RUSSIAN FEDERATION
The article considers the characteristic features of thejoint testament of the spouses under the legislation of the Russian Federation, distinguishing it from its counterpart in foreign law and order. The author analyzes the gaps in the legal regulation of these relations. It is determined that the main problem is the lack of assurance of the fulfillment of the conditions of a joint testament. In conclusion, proposals were formulated to improve the legal regulation of the implementation of the joint testament of the spouses.
Keywords: inheritance, joint testament of spouses, marriage, freedom of testament, secret of testament
Bibliography by article
1. Demichev A. A. Joint testament of spouses in Russian law // Inheritance law. 2018. No. 4. P. 11-13.
2. Dolinskaya VV On development trends and problems of inheritance law in Russia // Laws of Russia: experience, analysis, practice. 2018. No. 10. P. 13-13.
3. Erdelevsky A. M. On new institutions of inheritance law // Access from the legal system “Consultant Plus”. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=CJI&n=117165 (date of access: 05/22/2023).
4. Abramenkov M. S. The main provisions of the inheritance law of foreign countries // Inheritance law. 2018. No. 1. P. 40-44.
5. Chashkova S. Yu. Essence and limits of mutual discretion of the spouses when they make a joint will and inheritance agreement // Inheritance law. 2019. No. 4. P. 27-31.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
“Leningrad regional lawyer association”, Law firm “Pelevin and partners”, Lawyer
THE FEATURES OF THE REFLECTION OF PERSONAL DATA IN CONTRACTS FOR THE PROVISION OF PAID MEDICAL SERVICES FOR PLASTIC SURGERY
Medical organizations are required to reflect the personal data of patients in contracts for the provision of paid medical services. It is necessary both to guarantee the effective provision of medical care, and in the case of the absence of a guaranteed result, despite the high-quality process of providing medical services, to sue a clinic or other medical organization to legal responsibility in the framework of civil and law relationships. There is the increase in the number of plastic surgeries in Russia. In it necessary to analyze the institutional features of the reflection of personal data in contracts for the provision of paid medical services.
Keywords: medical documentation, medical services, personal data, medicine, contracts, plastic surgery, medical organization, clinic
References
1. Arkhipova N. N. Some medical and social aspects of assessing the quality of medical services in medical cosmetology // Bulletin “Health and education in the XXI”. – 2011. – № 8. – S. 353.
2. Barbashin M. Yu. Social properties of institutions // Sotsis. – 2018. – No. 2. – P. 25-34.
3. Bolotina M. V. Civil law regulation of consumer rights in the provision of medical services: dis. … cand. jurisprudence: 12.00.03 / Moscow University of the Ministry of Internal Affairs of the Russian Federation. – M., 2009. – 198 p.
4. Mograbyan A. S. Actual problems in the provision of cosmetology services: private law aspect // Lex Ruccica. – 2018. – No. 10 (143). October. – pp. 58-69
5. Plotnikova A. V. The concept and legal characteristics of the contract for the provision of medical services for compensation // Scientific and methodological electronic journal Concept. – 2019. – №1 (January).
6. Pronin I. A. Civil law regulation in the field of aesthetic medicine. Abstract dis. … cand. legal Sciences. – St. Petersburg, 2012. – 26 p.
CIVIL LAW
LYAPUSTINA Natalia Alexandrovna
magister student of Civil law and process sub-faculty of the Law School of the Far Eastern Federal University
TRENDS OF THE APPLICATION OF INDEMNITY BY COURTS IN CASES UNDER A CONSTRUCTION CONTRACT
This scientific article is devoted to the identification of modern trends in the development of judicial practice in the field of application of indemnity in disputes arising from a construction contract. The results of the analysis of cases which were considered by arbitration courts of different regions and brought to the appellate and cassation instances make it possible to gain an understanding of the application in practice of the Article 406.1 of the Civil Code of the Russian Federation in litigation under construction contracts and to suggest possible prospects for litigation.
Keywords: indemnity, construction contract, contractor, customer, agreement on indemnity.
References
1 A. D. Naberezhny. The parties included in the contract a condition on compensation for losses. Kakie surprises await them in court // Arbitration practice for lawyers. – 2016. – No. 11. – P. 38.
2 Vagantov V. Litigation: how to convince the counterparty to agree to a settlement? And is it worth it? // Practical accounting. – 2021. – No. 6. – P. 57.
3 Poduzova E. B. Compensation for losses in case of non-fulfillment of organizational obligations: problems of theory and practice // Laws of Russia: experience, analysis, practice. – 2016. – No. 7. – P. 64.
4 Molokanova D.S., Mukhametshin A.E. Compensation for losses incurred in the event of the occurrence of circumstances specified in the contract (Article 406.1 of the Civil Code of the Russian Federation) in judicial practice // Bulletin of Economic Justice of the Russian Federation. – 2018. – No. 11. – P. 181.
CIVIL LAW
MAKAROV Stanislav Alexandrovich
postgraduate student of the Moscow Financial and Industrial University «SYNERGY»
CORPORATE NAME INSTITUTE: HISTORICAL AND LEGAL ASPECT
This article is dedicated to the analysis of the history of the emergence of the institution of the brand name, as well as the issues of legal regulation of this institution at the present stage. In the article, the author considers the key stages in the emergence of the right to a company name, the history of the development of legislation governing the institution of a company name. The article also analyzes the very concept of a company name, its essence, features, specific characteristics and legal relations that arise in the institution of a company name.
Keywords: trade name, legal regulation, historical development of the institute of trade name, exclusive right, protection of rights, trademark.
References
1. Abakumova E. B. Evolution of the Institute of Copyright Evolution of the Institute of Copyright in the Context of the Recognition of Natural Human Rights // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (96). – P. 9-16.
2. Alekseeva M. A. The historical aspect of the development of the institute of brand name // Young scientist. – 2019. – No. 2 (29). – P.p. 618-623. – [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=37203604 (date of access: 06/24/2023).
3. Vnukov N. A., Matveeva E. V., Abramov S. A. On the ratio of commercial designation and brand name // Law and Economics. – 2018. – No. 8 (366). – P. 37-42.
4. Civil Code of the Russian Federation, Part 4 (Civil Code of the Russian Federation, Part 4). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_64629/
5. Dacheva R. R., Chalova A. S. Development of legislative regulation of the corporate name of legal entities // Epomen. – 2019. – No. 34. – P. 107-114.
6. Convention for the Protection of Industrial Property (Concluded in Paris on March 20, 1883) (as amended on October 2, 1979). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_5111/
7. Chezhiya D. Yu., Molchanov A. A., Kovyazin V. V. Formation and development of legislation on trade names // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_44540440_46481149.pdf
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D.in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D.in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
DIGITALIZATION OF EDUCATION AND THE LATEST TECHNOLOGIES IN EDUCATION
In the article, the authors consider the orientation of the educational process in the modern period of time to transition to a new environment using the latest technologies. Taking into account the changes in the requirements for graduates, the introduction of professionals at the state level, as well as the introduction of digitalization of education on the basis of already experienced new social risks and requirements of the Federal State Budgetary System, the study attempts to determine the status of individual innovations that are not provided for by the norms of legislation that students use. Examples of such use are given, as well as separate proposals for the legislative regulation of such processes are made.
Keywords: civil legislation, education, training, application of technologies, innovations.
References
1. Ananyeva E. O., Ivliev P. V. Prospects for digital development in Russiaeducation // Agrarian and land law. – 2022. – No. 8 (212). – P. 75-77.
2. Ananyeva E. O. Problems of organization of higher education in modern Russia // In the collection: Personnel training in modern conditions of education development: realities and prospects. collection of materials of the scientific and methodological conference. – Ryazan, 2022. – P. 9-12.
3. The neural network wrote a diploma for a student in a day. – [Electronic resource]. – Access mode: https://1tv-ru.turbopages.org/1tv.ru/s/news/2023-02-05/446665-neyroset_za_sutki (date of access: 05/18/2023).
4. A book co-authored with artificial intelligence has been published in Russia. – [Electronic resource]. – Access mode: https://ria.ru/20230510/knigi-1870773626.html (date of access: 05/13/2023).
5. Yakovlev N. Yu. In the State Duma, it was proposed to assign the rights to intellectual property created with the help of AI to its developers. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2020/11/14/v_gosudarstvennoj_dume_predlozhili_zakreplyat_prava_na_intellektualnuyu_sobstvennost_sozdannuyu_s_po (date of access: 05/23/2023).
CIVIL LAW
AMIRKHANOV Amirkhan Magomedovich
postgraduate student of the Moscow Financial and Industrial University “Synergy” (in the direction 5.1.3 private law (civil sciences)), a lawyer in LLC “Law Company “MAAT”
PROTECTION OF DIGITAL CURRENCY RIGHTS: MAIN METHODS, PROBLEMS, LEGAL REGULATION
Taking into account possible amendments to the current civil law regulation, the issue of legal protection of owners of digital currency is acute. The article briefly discusses the law enforcement practice of courts, scientific works on possible ways to protect the rights to digital currency. The author notes the existence of gaps in the current legislation, the absence of both the legal and technical possibility of restoring the violated right. The author also concludes that the protection of digital currency rights is possible through criminal law measures, as well as through the use of the principle of general tort.
Keywords: digital currency, cryptocurrency, civil turnover, objects of civil rights, property, electronic currency, judicial protection, criminal liability, civil liability.
References
1. Ayusheeva I. Z., Bogdanova E. E., Bulaevsky B. A., Maleina M. N., Mikryukov V. A., Mikryukova G. A., Morgunova E. A., Soyfer T. V., Somenkov S. A., Suvorov E. D., Tyagay E. D. Civil law (textbook; in two volumes, volume one; edited by Doctor of Law, Prof. E. E. Bogdanova). – M.: Prospekt, 2020. – 440 p.
2. Problems of creating a digital ecosystem: legal and economic aspects: monograph (group of authors; edited by Doctor of Law, Associate Professor V. A. Vaypan, Doctor of Law, Professor M. A. Egorova) . – Moscow State University. M. V. Lomonosov, O. E. Kutafin University (MSUA), Moscow. branch of the Association of Lawyers of Russia, Intern. Union of Lawyers and Economists (France). – M.: Yustitsinform, 2021. – 276 p.
3. Kovalenko M. A. The possibility of recognizing cryptocurrency and tokens as the subject of theft in the context of the development of the digital economy // International Journal of Experimental Education. – 2020. – No. 4. – P. 40-41.
4. Mozhaeva L. E., Savchenko D. G. Seizure of cryptocurrencies obtained by criminal means as a mechanism to ensure the protection of the rights of citizens and organizations that have suffered from crimes against property committed using the Internet: problems and development prospects // Collection of materials All-Russian Scientific and Practical Conference. – 2021. – P. 72-80.
5. Valeev M. M. The concept and classification of things // Civil law: textbook: in 2 volumes / Ed. B. M. Gongalo. T. 1. – M., 2016. – 511 p.
6. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis. – Moscow: Publishing house “4 Print”, 2020. – 307 p.
7. Yankovsky R. M. Cryptocurrencies in Russian law: surrogates, “other property” and digital money // Law. Journal of the Higher School of Economics. – 2020. – No. 4. – P. 43-77.
CIVIL LAW
BAVIN Dmitriy Evgenjevich
student of the Law School of the Far Eastern Federal University
BIG DATA (BIG DATA) AS AN OBJECT OF INTELLECTUAL LAW
This article is devoted to the problem of legal regulation of the object of digital relations – big data. The study examines issues related to the protection of rights to big data (Big Data) in the context of intellectual property law. The author of the article analyzes various aspects of this problem, such as the concept of big data, their characteristics and features, as well as legal aspects related to the use and protection of big data.
Keywords: intellectual property law, big data, big data, object of civil law, digitallegal relations, protection of law.
References
1. Civil Code of the Russian Federation, chapter 70 (ConsultantPlus).
2. The Ministry of Telecom and Mass Communications has published a draft law on the regulation of big data. [Electronic resource]. – Access mode: https://digital.ac.gov.ru/news/4318/
3. On the strategy for the development of the information society in the Russian Federation for 2017 – 2030: Decree of the President of the Russian Federation of 09.05.2017 No. 203. [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/71570570/
4. Federal Law of July 27, 2006 N 149-FZ “On Information, Information Technologies and Information Protection”. [Electronic resource]. – Access mode: https://www.alta.ru/tamdoc/06fz0149/
5. Rabets A.P. On the relationship between the concept of “big data” and the concept of “database” // Trends in the development of science and education. – 2021. – No. 76-4. – S. 63-67. – DOI 10.18411/lj-08-2021-136. – EDN WRXFUH.
6. “Directions of Big Data regulation and protection of privacy in the new economic realities” A. Savelyev. [Electronic resource]. – Access mode: https://zakon.ru/Publication/igzakon/7498.
7. Appeal ruling No. 33-8372/2015 dated May 21, 2015 in case No. 33-8372/2015. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/Ied3lkq8pcgP/
8. Federal Law No. 98-FZ of July 29, 2004 (as amended on July 14, 2022) “On Trade Secrets”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_48699/
9. Civil Code of the Russian Federation, chapter 75. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_64629/185ffcdbd35b3874a436f9bf6c66f2fe28d2642e/
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
KUZNETSOV Kirill Alekseevich
postgraduate student of the Samara State University of Economics
MASHIN Alexey Sergeevich
postgraduate student of the Samara State University of Economics
ENERGY AS AN OBJECT OF CIVIL LAW REGULATION: A FUNCTIONAL APPROACH
The article examines theoretical issues related to the qualification of energy as an object of civil law regulation. The approaches presented in the scientific literature to determining the place of energy among the objects of civil rights are considered. The authors conclude that there is a need for comprehensive legal regulation of relations in the field of energy, taking into account the economic and social importance of energy as a resource. Taking into account the analysis of private law concepts and modern legislative interpretation, using a functional approach, it is proposed to attribute energy to the number of material goods that have material characteristics.
In the aspect of private law relations, energy, according to the authors, can belong to the category of property and is both an object of real and binding relations.
Keywords: energy, legal regulation, object of civil rights, functional approach, energy.
References
1. Alekseev S. S. General theory of law. In 2 volumes. T. 2. – Moscow, 1982. – 359 p.
2. Belova E. B. Energy as an independent object of rights // Lawyer. – 2019. – No. 6. – P. 37-43.
3. Gorodov OA Introduction to energy law: textbook. 2nd ed., revised. and additional – Moscow: Prospect, 2015. – 224 p.
4. Civil law: textbook: in 3 volumes. T. 2., otv. ed. A. P. Sergeev, Yu. K. Tolstoy. – Moscow: TK Velby, Prospekt Publishing House, 2005. – 848 p.
5. Zhane A. D. Electricity as a special kind of thing // Journal of Russian law. – 2004. – No. 5. – P. 93-94.
6. Korepanov KV Legal nature of the right to electricity // Bulletin of Civil Law. – 2015. – No. 1. – P. 45-70.
7. Lakhno P. G. Energy as an object of legal regulation // Ecology and Energy. – 2007. – No. 40. – P. 11.
8. Savatier R. Theory of obligation. Legal and economic essay. – M.: Progress, 1972. – 440 p.
9. Svirkov S. A. Legal qualification of energy as an object of civil rights // Lex Russica (Russian law). – 2012. – № 3. – P. 477-491.
10. Chernyavsky A. G. Functional approach to the essence of law // Education and law. – 2018. – No. 4. – P. 73-78.
11. Shvedkova O. V. Energy as an object of contractual relations: on the issue of the concept and legal nature // Journal of Russian Law. – 2016. – No. 7. – P. 52-57.
CIVIL LAW
KARPOVA Yuliya Sergeevna
postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia, assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
DISPUTE RESOLUTION USING BLOCKCHAIN TECHNOLOGY: KLEROS EXPERIENCE
Many scientists agree that digital rights do not form a new object of civil rights, they are all known binding rights that are listed in the Civil Code of the Russian Federation. In other words, the existence of digital rights is due to the emergence of a new form of fixation of traditional civil rights.
We believe it is appropriate to agree with the definition of the digital form of objects of civil rights proposed by A.A. Shchelokova: “this is such an immaterial form in which objects of civil rights are fixed with the help of any of the digital technologies by creating a record about them in an information system in which interaction between participants in civil legal relations about these objects takes place “[1].
Some authors talk about the emergence of a new form of certification of property rights – digital – along with long–existing forms of certification of rights – state registration of rights and notarization [2], [3].
At the same time, whatever the legal nature of digital rights, it is obvious that their implementation and realization are possible only if a properly functioning mechanism for their protection is created.
So, it is well known that one of the most important technological advances of recent years is the blockchain technology. The question of how to achieve the most effective resolution of disputes related to the use of blockchain technology, including those arising from smart contracts, seems relevant. Is there a need to create other (besides traditional) alternative forms of protection of rights, given the special nature of digital rights? [4]
Answering this question, we can distinguish two approaches to the problem expressed. Proponents of the first approach insist on the sufficiency of resolving disputes arising from the use of blockchain technology through traditional institutions. Proponents of the second approach, on the contrary, argue about the need to create new specific mechanisms for resolving disputes arising in a global decentralized environment. At the same time, proponents of the second approach propose to use a special dispute resolution mechanism based on blockchain technology – blockchain arbitration for dispute resolution [5].
At the same time, such a project has already been successfully implemented and applied and will be considered within the framework of this article. We are talking about a decentralized quasi-judicial system Kleros.
Keywords: blockchain, blockchain platform, smart contracts, dispute resolution, decentralized judicial system.
References
1. Shchelokova A. A. The concept of the digital form of objects of civil rights // Civil law. – 2021. – № 4. – S. 11-13.
2. Mograbyan A. S. Digital rights as objects of civil rights in Russia // Actual problems of Russian law. – 2022. – No. 10. – P. 141-147.
3. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital rights as a new object of civil rights: issues of substantive and procedural law // Advances in Intelligent Systems and Computing. – 2020. – Vol. 1100. – R. 665-673.
4. Rusakova E.tP., Frolova E.tE., Gorbacheva A., Kupchina E.tV. Implementation of the smart-contract construction in the legal system of Russia // 6th International Conference on Education, Social Sciences and Humanities. – 2019. – R. 748-753.
5. Qin, M. The Arbitrage Strategy for Cryptocurrency: Principle and Feasibility Based on Blockchain Technology. conference paper. Jan, 2023.
6. Katsh E., Rabinovich-Einy O. (2017). Digital justice: Technology and the internet of disputes. Oxford University Press. 1st edition. April, 2017.
7. Herian R. Taking blockchain seriously // Law and Critique. – 2019. – No. 29 (2). – S. 163-171. [Electronic resource]. – Access mode: https://doi.org/10.1007/s10978-018-9226-y.
8. Ast, F., O’Rorke, W. Kleros’ legal structure, explained: A French cooperative to change the world. 2018.
9. Ortolani P. The impact of blockchain technologies and smart contracts on dispute resolution: Arbitration and court litigation at the crossroads // Uniform Law Review. – 2019. – No. 24 (2). – S. 430-448. https://doi.org/10.1093/ulr/unz017.
10. Lesage, C., Ast, F., George, W. Kleros short paper v.1.0.7. 2019. [Electronic resource]. – Access mode: https://kleros.io/assets/whitepaper.pdf.
CIVIL LAW
LABABUEVA Olga Sergeevna
postgraduate student of Civil and corporate law sub-faculty of the St. Petersburg State University of Economics
THE CONCEPT OF ELECTRONIC COMMERCE: A COMPARATIVE ANALYSIS OF LEGISLATIVE TERMS
The article considers legislative approaches to understand the term “electronic commerce” in different countries, primarily in the CIS member states. The correlation between the concepts of “electronic commerce” and “electronic commerce” is carried out, the opinions of scientists and legislative acts of the CIS member countries on the content of this phenomenon are analyzed, the author’s concept of “electronic commerce” is proposed .
Keywords: e-commerce, goods, services, information.
References
1. Goldovsky I. Security of payments on the Internet. – St. Petersburg: Peter., 2001. – 240 p.
2. Klimchenya L. S. E-commerce: Proc. allowance. – Mn.: Vysh. school, 2004. – 191 p.
3. Kobelev OA E-commerce: Proc. allowance – Ed. S. V. Pirogov. 3rd ed., revised. and additional – M.: Publishing and Trade Corporation “Dashkov and K”, 2008. – 684 p.
4. Goat D. E-commerce – Per. from English. – M.: Publishing and trading house “Russian edition”, 1999. – S. 2.
5. Eimor D. Electronic business. Evolution and/or revolution. – M.: Williams, 2001. – 320 p.
CIVIL LAW
ROGOV Artur Alexandrovich
postgraduate student of the 1st course of the Moscow Financial and Industrial University “Synergy”
TRANSFORMATION OF THE INSTITUTE OF THE DOMESTIC NOTARY
The article discusses the transformation of the institute of notary in the Russian Federation. The aspect of the historical development of the Institute of notaries is highlighted. The concepts of “notary”, “notary chamber”, as well as the powers and legal force of the activities of public and private notaries in the Russian Federation are revealed. The analysis of statistical data of the Ministry of Justice of the Russian Federation, which show that in recent years the number of state notaries has sharply decreased, and in the current realities there is not a single state notary left. the activities of state notaries.
Keywords: state notaries in the Russian Federation, notary, institute of notary in the Russian Federation, private notaries in the Russian Federation.
References
1. Notaries: a textbook for university students studying in the specialty “Jurisprudence” / A. I. Konovalov, I. I. Kubar, M. I. Nikitin [and others]; edited by G. B. Mirzoev, N. D. Eriashvili, M. N. Ilyushina. – 6th ed. – Moscow: UNITI-DANA, 2017. – 295 p. – ISBN 978-5-238-02629-9. — Text: electronic // Digital educational resource IPR SMART: [website]. [Electronic resource]. – Access mode: https://www.iprbookshop.ru/81514.html (date of access: 06/02/2023).
2. Gur’eva E. V. Notaries of Russia: textbook. – Saratov: IP Air Media, 2010. – 142 p. — Text: electronic // Electronic library system IPR BOOKS: [website]. [Electronic resource]. – Access mode: https://www.iprbookshop.ru/1370.html (date of access: 06/02/2023).
CIVIL LAW
DONSKOY Oleg Olegovich
student of the majoring in Jurisprudence, specialization: “Legal Support of Business (Business Lawyer)”. Level of education: Master’s degree of the Faculty of Law of the Patrice Lumumba People’s Friendship University of Russia
NFT AND THEIR LEGAL REGULATION WITHIN THE RUSSIAN FEDERATION.
The paper examines the legal regulation of Non-fungible token, as well as determines the shortcomings of the existing regulatory framework. Determines the vector of development of legislation within the regulation of Non-fungible token and the attitude to this phenomenon of the state bodies of the Russian Federation. The conclusion is made that the existing legal framework of the Russian Federation does not regulate the Non-fungible token. The importance of the legal regulation of Non-fungible token in connection with the fact that this type of activity should be included in the taxable base of the state.
Keywords: Non-fungible token, NFT, taxation, legal regulation, legislation, tokens, cryptocurrencies, blockchain.
Reference bibliography
1. Kharitonova Yu. S. Tokenization of art and intellectual property law // Lawyer. – 2021. – No. 9. – S. 65-73.
CIVIL LAW
SVERDLOVA Yuliya Valentinovna
postgraduate student of Civil law sub-faculty of the Rostov State Economic University «RINE»
FEATURES OF THE TRANSFER OF PROPERTY OF THE TESTATOR FUNDS DURING LIFE AND BY SUCCESSION
The article discusses the features of the transfer of the testator’s property to funds during his lifetime and in the order of inheritance in accordance with the changes made by articles 123.-20 to the Civil Code of the Russian Federation. During his lifetime, an individual, according to Russian laws, can transfer it to a personal, publicly useful fund. If the testator wishes to use and dispose of his property until his death, then he can write a will with the establishment of a hereditary fund. This entails various legal consequences, which are described in the article.
Keywords: inheritance law, testator, hereditary property, hereditary fund, personal fund.
References
1. Arslanov K. M. Convergence of the Russian and German experience of civil law regulation: history, modernity and perspective / Abstract of the thesis. dis. cand. legal Sciences. – Kazan, 2019.
2. Bykovskaya E. A. Legal status of the hereditary fund in the Russian Federation // Bulletin of the SGUPS: humanitarian research. – 2022. – No. 4 (15). – P. 51-56.
3. Demkina A. V. Personal funds in the framework of the reform of the inheritance law of Russia // Property relations in the Russian Federation. – 2021. – No. 12 (243). – P. 63-74.
4. Krasheninnikov P. V. Inheritance law (Including inheritance funds, inheritance contracts and joint wills). – Litres, 2022.
5. Lebets E. V. Inheritance fund for Russian entrepreneurs // Synergy of Sciences. – 2018. – No. 25. – P. 550-560.
6. Magomedov M. Sh. Deoffshorization in the Eurasian space, or not all foreign jurisdictions are equally useful // Eurasian legal journal. – 2013. – No. 5. – P. 34-37.
7. Kazantseva A. E. New hereditary fund // Bulletin of the Moscow State Pedagogical University. – 2022. – No. 2 (46). – S. 36-39.
8. Sverdlova Yu. V. The Institute of a personal fund: prerequisites for creation, dispositiveness, the mechanism of establishment and management // Notarial Bulletin. – No. 8. – P. 43-53.
9. Farkhutdinov KZ Nationalization of foreign investments and international law // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2011. – No. 2 (22). – P. 80-87.
10. Shatkovskaya T. V., Zhukovskaya A. A., Kochergin P. V. Inheritance funds in Russia: gaps in legislative regulation // Science and education: economy and economy; entrepreneurship; law and management. – 2019. – No. 11. – P. 90-93.
11. Yatsenko T. S. Establishing the legal capacity of foreign legal entities in the activities of a notary // Science and education: economy and economy; entrepreneurship; law and management. – 2011. – No. 8. – P. 87-93.
12. Langbein J. H. The Twentieth-Century Revolution in Family Wealth Transmission // Mich. L. Rev. – 1987. – T. 86. – S. 722.
CIVIL LAW
STYSLOVICH Anatoliy Petrovich
postgraduate student of the 1st year of study of the P. A. Stolypin International Institute of Informatization and Public Administration
QUESTIONS OF INHERITANCE BY PERSONS CONCEIVED AFTER THE DEATH OF THE TESTATOR
The article deals with the issues of inheritance by persons conceived after the death of the testator, as well as some aspects of the inheritance of intellectual property rights are insufficiently researched at present, in addition, the current legislation in these areas of civil law regulation is largely “gap”. In particular, there are a number of unresolved problems by the domestic legislator concerning inheritance by law by persons conceived after the death of the testator and some aspects of inheritance of intellectual rights, which makes the study of these issues relevant. In connection with the spreading global and domestic practice of in vitro fertilization, the issues of inheritance of persons born and conceived after the death of their biological parents, most often the father, are becoming increasingly relevant. Recognition as heirs of children born after the expiration of the three hundred days established by the current legislation after the death of the testator may be problematic due to the lack of detailed legal regulation of the aspects of inheritance under consideration by law.
Keywords: biological materials, biological relationship, donor, implantation, circle of heirs, inheritance, heir, testator, paternity, succession of heirs, posthumous conception, copyright holder, musical composition, reproduction, kinship , subject of inheritance, surrogate mother, DNA test, in vitro fertilization (IVF), embryo.
References
1. Kulikov V. Yu. Topical issues of the legal status of the “test-tube heir”. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-pravovogo-statusa-naslednika-iz-probirki/viewer.
2. Popova Yu. A. Legal relations and succession in inheritance. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravootnosheniya-i-pravopreemstvo-pri-nasledovanii/viewer.
3. Chalaya N. P. Legal nature of inheritance under the law // Actual research. – 2020. – No. 12 (15). — P. 59-61.
4. Shelyutto M. V. Children conceived after the death of a parent: establishment of origin and inheritance rights. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deti-zachatye-posle-smerti-roditelya-ustanovlenie-proishozhdeniya-i-nasledstvennye-prava/viewer.
CIVIL LAW
FOKIN Anton Yurjevich
postgraduate student of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
PROTECTION OF CULTURAL HERITAGE SITES FOR RELIGIOUS PURPOSES IN THE CONTEXT OF GLOBALIZATION
The article examines some aspects of the protection of cultural heritage for religious purposes in the context of legal globalization. In the issue of protection of cultural heritage of religious purpose, both the experience developed in the national legislation of different countries and international experience in this field are very important. International cooperation itself plays a key role in the context of globalization, which extends to all spheres of life, including the legal one.
Keywords: objects of cultural heritage, objects of cultural heritage of religious purpose, globalization, legal globalization, legislation.
Bibliographical list
1. Nikolaeva Yu. V., Bogoliubova N. M. Protection of cultural heritage: international and Russian experience // Vestnik SPbGUKI. – 2014. – № 4 (21).
2. Artyukhova P. A., Chepurova M. O. Legal Basis for the Protection of Religious Cultural Heritage // Theological Bulletin of Smolensk Orthodox Theological Seminary. – 2022. – No. 2. – P. 7.
3. Morozov I. K. Features of legal globalization in the modern world // Concept. – 2018. – No. 9. – P. 1-6.
CIVIL LAW
SHUBNY Vladislav Sergeevich
postgraduate student of the 1st course in the scientific specialty 5.1.3. private law (civilistic) sciences of Civil law sub-faculty of the Saratov State Law Academy
PRACTICAL PROBLEMS OF MANAGING THE COMMON PROPERTY OF AN APARTMENT BUILDING IN TERMS OF DECISION-MAKING BY ITS OWNERS
The paper reveals some problems of regulating the management of apartment buildings. The question of the place and role of managing the common property of an apartment building should be highlighted. The author suggests specific ways to improve the implementation of the rights of owners and members of the HOA and the rules for building relationships between cooperatives, managers of MKD and owners who are not its participants. The purpose of the study is to develop proposals for solving practical and theoretical problems related to the management of the common property of an apartment building in the Russian Federation. Methodological basis of the research: a set of methods of scientific knowledge is used, such as: the formal-legal method, the dialectical method, the method of comparative analysis, etc.. Research results: some ways of improving the legislation in the field of common property in an apartment building in relation to the implementation of the rights of all its members have been identified. Conclusions: at the legislative level, it is necessary to regulate in more detail the provisions of Chapter 14 of the Housing Code, in terms of relations, the parties to which are the cooperative, the manager of the apartment building and the owners who are not members of it.
Keywords: civil law, housing law, common property, apartment building, non-residential building, residential building.
References
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended and supplemented, entered into force on April 28, 2023) // Collected Legislation of the Russian Federation. – 05.12.1994. – No. 32. – Art. 3301.
2. Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (as amended on April 28, 2023) // Collection of Legislation of the Russian Federation. – 03.01.2005. – No. 1 (part 1). – Art. 14.
3. Urban Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ (as amended on August 28, 2020) // Collection of Legislation of the Russian Federation. – 03.01.2005. – No. 1 (part 1). – Art. 16.
4. Bazhilin VV Problems during the general meeting of owners of the premises of an apartment building // Legitimacy. – 2014. – No. 9. – S. 53-56.
5. Gentsler I. V., Prokofiev V. Yu. Conceptual proposals for the development of the institution of common property management in an apartment building by the owners of such property // City Almanac / Ed. N. B. Kosareva. – M .: Foundation “Institute of Urban Economics”, 2017. – Issue. 7. – S. 10-23.
6. Gordeev D. P. Changing the legal status of homeowners associations as an association of owners of residential and non-residential premises in an apartment building. Part I // Property relations in the Russian Federation. – 2016. – No. 11. – S. 74-87.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, Leningrad regional lawyer association, Law firm “Pelevin and partners”
INFORMED VOLUNTARY CONSENT OF THE PATIENT TO PLASTIC SURGERY: LEGISLATIVE REGULATION, MEANING AND CONTENT
The article is devoted to the current problem of legislative regulation, which, at first glance, is quite deeply studied. Nevertheless, upon closer examination, a review of the publications of domestic authors indicates that the legal nature of the informed consent of the patient is disclosed, but a number of aspects that reveal the legal mechanism of integration into the legal relations between the medical organization and the patient remain ignored. In recent years, given the increasing popularity of plastic surgery and the emergence of the results of law enforcement practice, the patient’s informed consent mechanism has been institutionalized. However, the study of this issue remains relevant due to the fact that plastic surgery is a dynamically developing branch of medicine, within the framework of which new types of services arise that require detailed legal study.
Keywords: medical services, informed consent, contract, plastic surgery, invasive medical procedures.
References
1. Avotinia M. Forensic medical expertise in evaluating the quality of aesthetic plastic surgery services. – M.: National Institute of Medical Law // Medical Law: Theory and Practice. – 2022. – No. 3-4 (17-18). – C. 11-17.
2. Boyarinova V. I. Legal nature of informed voluntary consent to medical intervention // Bulletin of the Omsk University. Series “Right”. – 2019. – V. 16, No. 4. – P. 115–124.
3. Boyarinova V. I. Legal meaning of informed voluntary consent to medical intervention // Bulletin of the Omsk University. Series “Right”. – 2021. – V. 18, No. 1. – P. 66–74.
4. Gorovenko S. V. Administrative responsibility for violation of the requirements of the legislation on obtaining informed voluntary consent to medical intervention // Legal Science and Law Enforcement Practice. – No. 2 (48). – 2019. – P. 44-51
5. Kazakova E. B., Zimina M. Yu. Patient informed consent doctrine: comparative legal analysis of foreign and Russian medical and legalscientific practice // Electronic scientific journal “Science. Society. State”. – 2014. – № 1(5)
6. Karpov O. E., Subbotin S. A., Shishkanov D. V., Zamyatin M. N. Digital health care. Necessity and prerequisites // Doctor and information technologies. – № 3. – 2017. – P. 6-22
7. Kurguzov A. O., Magomedov I. M. Informed consent of the patient: the problem of standardization // International Student Scientific Bulletin. – 2016. – No. 6. – [Electronic resource]. – Access mode: https://eduherald.ru/ru/article/view?id=16717 (date of access: 04/13/2023).
8. Popova O. V. Ethics, aesthetics, anesthetics in the context of the development of plastic surgery // Questions of Philosophy. – 2017. – № 4.
9. Pyzhova O. V., Chaltseva T. A. Informed consent of the patient in the Soviet health care system: from ethical theory to medical practice // Modern studies of social problems. – 2018. – T. 10, No. 2-4. – P. 14-27
10. Sergeev V. V., Gorlova E. V. Informing about the risk associated with the methods of providing medical care // Legal Bulletin of Samara University. – 2019. – V. 5. No. 1. – S. 65–70. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.18287/2542-047X-2019-5-1-65-70.
CIVIL PROCESS
AVDEEVA Yana Viktorovna
Chairman of the judiciary, judge of the Arbitration Court of the Tyumen Region
THE PROBLEM OF CHANGING THE PROCEDURAL NORMS OF THE ARBITRATION PROCEDURE CODE OF THE RUSSIAN FEDERATION BY THE SUPREME COURT OF THE RUSSIAN FEDERATION THROUGH THE EXERCISE OF ITS POWERS TO PROVIDE CLARIFICATIONS ON ISSUES OF JUDICIAL PRACTICE p> In this article, the author considers the issue of the arbitration process of factually changing the norms of arbitration procedural law by authorities by exercising their powers to provide clarifications on issues of judicial practice. The author focuses on the consequences of the broad application of the legal approaches reflected in the exercise of the designated powers to interpret the sources of law, notes the preference for their application of taking into account causal relationships.
Keywords: clarifications on issues of judicial practice, set-off of counterclaims, counterclaim, objections to a claim, more favorable procedural position, abuse of procedural law, principles of the arbitration process, goals of legal proceedings in arbitration courts, norms of judicial workload.
References
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (subject to amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ, of February 5, 2014 No. 2 -FKZ, dated 01.07.2020 No. 11-FKZ, dated 06.10.2022) – Text: electronic // Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 20.05.2023).
2. Arbitration Procedural Code of the Russian Federation of July 24, 2002 No. 95-FZ (as amended on December 2, 2021) // ConsultantPlus: Reference and Legal System [Official. website]. – [Electronic resource]. – Access mode: http://www.consultant.ru/ (date of access: 20.05.2023).
3. Guk V. A. Consolidation of the principle of competitiveness and equality of the parties in the norms governing civil proceedings // Legal Science and Law Enforcement Practice. – 2016. – No. 4 (38). – P. 25-27.
4. Novikov N. A. Judicial reconciliation in arbitration proceedings: theory and practice // Russian law: education, practice, science. – 2021. – No. 5. – P. 46-53.
CIVIL PROCESS
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ERBUTAEVA Zarina Komilovna
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
THE USE OF BLOCKCHAIN TECHNOLOGY IN RESOLVING PRIVATE LAW DISPUTES: MYTH OR REALITY?
The article is devoted to the study of the introduction of new digital technologies such as blockchain, NFT and smart contract in private law disputes. The authors provide definitions of such concepts as “blockchain”, “NFT” and “metaverse”. In addition, the article examines recent judicial precedents for the use of blockchain and NFT technology in legal proceedings that have appeared in the United States, England and China. As a result of the study, the authors concluded that blockchain technologies are quite effective tools that can simplify a number of procedural actions in court.
Keywords: blockchain technology, digital disputes, metaverse, NFT, arbitration process, civil process, platform justice, virtual reality law.
References
1. Ermakova E. P. Blockchain, metaverses and NFT in civil procedure and arbitration in Russia, China and USA // RUDN Journal of Law. – 2023. – Vol. 27. – No. 1. – P. 148-165. – DOI 10.22363/2313-2337-2023-27-1-148-165. – EDN RIGRJN.
2. Zasemkova O. F. (2020). On ways to resolve disputes arising from smart contracts // Lex russica. – 2020. – T. 73. No. 4. – S. 9-20.
3. Schwinger R. (2022) Anonymous no more: Blockchain analytics in the court// nortonrosefulbright // New York Law Journal. – May 24, 2022. [Electronic resource]. – Access mode: https://www.nortonrosefulbright.com/-/media/files/nrf/nrfweb/knowledge-pdfs/us_42855_reprint-pdf_anonymous-no-more_blockchain-analytics-in-the-courts_r3.pdf?revision=ef9df8dc- 2175-441c-a1a5-67495ce2ef38&revision=ef9df8dc-2175-441c-a1a5-67495ce2ef38.
4. NFT and Metaverses: How can economies unite and digitalize? // Habr. 01/31/2022. [Electronic resource]. – Access mode: https://habr.com/en/post/648755/ [Accessed 11/14/22]. (In Rus).
5. Brisov Yu. V., Pobedkin A. A. The legal regime of NFT (nonfungible taken) in Russia: how to work in the absence of special legislative regulation? // Digital Law. – 2022. – Vol. 3. – No. 1. – R. 44-66. – DOI 10.38044/2686-9136-2022-3-1-44-66. (In Rus)
6. Szabo N. Smart Contract Glossary // University of Amsterdam. – 1995. – P. 31.
7. Analytical review on the topic “Smart contracts”. [Electronic resource]. – Access mode: https://cbr.ru/Content/Document/File/47862/SmartKontrakt_18-10.pdf.
8. NFT and Metaverses: How can economies unite and digitalize? // Habr. –31.01.2022. [Electronic resource]. – Access mode: https://habr.com/en/post/648755/ [Accessed 11/14/22]. (In Rus).
9. Izmailova A. A. Metaverse as a new economic system // Modern Economy Success. – 2021. – No. 6. – R. 175-179. (In Rus)
CIVIL PROCESS
KOTOV Ivan Andreevich
postgraduate student of Civil law and process and international private law sub-faculty of the Law Institute of the of the Patrice Lumumba Peoples’ Friendship University of Russia, lawyer of the Bar of Moscow «Starinsky and Partners»
BASHILOV Boris Igorevich
Ph.D. of Law, senior lecturer on Civil law and process and international private law sub-faculty of the Law Institute of the of the Patrice Lumumba Peoples’ Friendship University of Russia, senior partner of the law firm “Bashilov, Noskov and Partners”
APPLICATION OF FORFEIT PROVISIONS TO CORPORATE DISPUTES: PRO ET CONTRA
The article deals with the issues of recovery of a court penalty (astrent) in disputes arising from corporate legal relations, based on arbitration judicial practice. The authors come to the conclusion that it is admissible to collect it in these disputes on non-property claims, however, the courts formally refer to this institution due to the lack of uniform criteria for determining its size in the legislation and judicial practice.< /p> Keywords: corporate legal relations, corporate disputes, forfeit, court forfeit, astrent.
References
1. Gorbashev I. V. On some material and legal aspects of bringing to subsidiary liability in the clarifications of the Supreme Court of the Russian Federation // Bulletin of Civil Law. – 2018. – No. 4. – P. 154–202.
2. Erokhova M. A. On the judicial penalty in Russian law. Analysis of practice 2015–2017 // Bulletin of economic justice of the Russian Federation. – 2017. – No. 7. – P. 97–111.
3. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China: monograph / E. P. Ermakova, E. E. Frolova. – M.: Yurlitinform, 2021. – 223 p.
4. Rusakova E. P. The evolution of Russian civil proceedings in “super justice” // Collection of articles of the International Scientific Legal Forum in Memory of Professor V.K. Puchinsky. Moscow, October 15, 2021 / ed. ed. E. E. Frolova, E. P. Rusakova. – M.: RUDN, 2021. – S. 323-328.
CIVIL PROCESS
KUPCHINA Ekaterina Valentinovna
senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
PROTECTION OF THE RIGHTS OF AUTHORS USING SMART CONTRACTS
In this article, the author analyzes the possibility of using blockchain technology and smart contracts to create an effective system for managing and protecting the rights of authors in the digital environment. The main purpose of intellectual property law is to promote innovation and creativity through the creation ofan effective system for the management and protection of rights to protected objects. In addition, the growth of cross-border trade in services in the field of intellectual property against the background of a decrease in cross-border trade in goods requires the improvement of the legal support for transactions for the provision of these services. The motivation to create something useful or beautiful is within the law, granting the creators of works certain rights to benefit from their creation.
Keywords: smart contract, blockchain, digitalization, intellectual property, copyright.
References
1. Kupchina E. V. Artificial intelligence in intellectual property: issues of copyright // Eurasian Law Journal. – 2020. – No. 12(151). – P. 146-151.
2. Raskin M. Law and Legality of Smart Contracts // Georgia Law Technology Review. – 2017. – 305, p. 309.
3. Rusakova E.P., Chernysheva T.A. On the issue of using a blockchain depository in the formation of an evidence base in the Internet courts of China // Gaps in Russian legislation. – 2022. – T. 15, No. 6. – P. 120-125.
4. Voshmgir S. Token Economy: How Blockchains and Smart Contracts Revolutionize the Economy. – 2019. – Rp. 87-98.
5. Narayanan A. and others. Bitcoin and Cryptocurrency Technologies: A Comprehensive Introduction // Princeton University Press. – 2016. – R. 27.
6. Bodo B., Gervais D. and Quintais J.P. Blockchain and Smart Contracts: The Missing Link in Copyright Licensing? // International Journal of Law and Information Technology. – 2018. – 26:4.
CIVIL PROCESS
RABETS Anna Petrovna
Ph.D. in Law, associate professor, Deputy Head of Civil law and process sub-faculty of the Law School of the Far Eastern Federal University
DE Arina Engirovna
magister student of the 1st course of the Law School of the Far Eastern Federal university
ELECTRONIC EVIDENCE IN INTELLECTUAL PROPERTY RIGHTS CASES
Qualitatively selected evidence, that is, meeting the criteria of admissibility, reliability, relevance, sufficiency and interconnection, determines the correct consideration and resolution of the case. The effectiveness of legal protection directly depends on the elaboration of the institution of evidence. The complication of legal relations in the field of intellectual property in the context of digitalization is one of the factors in the growth of violations of intellectual property rights in the information environment. This article discusses the problematic aspects of the use of electronic evidence in cases of protection of intellectual property rights. Based on the analysis of judicial practice, the author investigates the issue of the admissibility and reliability of electronic evidence and their probative value.
Keywords: digitalization, civil procedural law, arbitration proceedings, electronic evidence, electronic document, log files, screenshot, metadata.
References
1. On the application of part four of the Civil Code of the Russian Federation: Resolution of the Plenum of the Supreme Court of the Russian Federation of April 23, 2019 No. 10. – Access from the ConsultantPlus ATP. – Text: electronic.
2. On information, information technologies and information protection: Federal Law No. 149-FZ dated July 27, 2006 (as amended and supplemented, effective from March 1, 2023). – Access from the ATP “ConsultantPlus”. – Text: electronic.
3. On some issues of the application of legislation governing the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts: Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 57. – Access from the ATP “ConsultantPlus”. – Text: electronic.
4. Zaborovsky K. S. Electronic documents as evidence in the arbitration process // Technologies of the XXI century in jurisprudence: Proceedings of the Second International Scientific and Practical Conference, Yekaterinburg, May 22, 2020 / Edited by D. V. Bakhteev. – Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”. – 2020. – P. 398-405.
5. Gavrik A. E. Electronic evidence in cases of protection of intellectual property rights on the Internet // Trends in the development of science and education. – 2020. – No. 67-6. – P. 27-29.
6. The information note prepared on the basis of the results of the generalization of the judicial practice of the Court for Intellectual Property Rights as a court of first and cassation instances, taking into account the practice of the Supreme Court of the Russian Federation on certain issues that arise when evaluating evidence containing information posted on the Internet, is approveda By the Resolution of the Presidium of the SIP dated September 14, 2017 No. SP-23/24. – Access from the ATP “ConsultantPlus”. – Text: electronic.
7. Decision of the Arbitration Court of the Chelyabinsk Region dated November 11, 2022 in case No. А76-25339/2022. [Electronic resource] – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
8. Decision of the Arbitration Court of the Stavropol Territory of December 9, 2022 in case No. А63-8357/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Date of access: 04/12/2023).
9. Ruling of the Second Arbitration Court of Appeal dated October 28, 2022 in case No. А17-1357/2022. [Electronic resource] – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
10. Decision of the Arbitration Court of the Novosibirsk Region dated October 18, 2022 in case No. А45-20763/2022. [Electronic resource] – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
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12. Decision of the Arbitration Court of the Voronezh Region dated December 17, 2018 in case No. А14-17816/2018. [Electronic resource]. Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
13. Decision of the Arbitration Court of the city of St. Petersburg and the Leningrad Region dated August 6, 2020 in case No. А56-133360/2019. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/13/2023).
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15. Decision of the Arbitration Court of St. Petersburg and the Leningrad Region dated September 28, 2022 in case No. А56-59832/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Accessed: 04/15/2023).
16. Decision of the Arbitration Court of the Khabarovsk Territory of August 10, 2022 in case No. А73-2976/2022. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/court/reshenya-as-cheliabinskoi-oblasti/?page=5. (Date of access: 04/13/2023).
EMPLOYMENT LAW
BOROVCHENKOVA Viktoriya Olegovna
expert of the Center for Labor and Social Security Law of the Faculty of Law of the M. V. Lomonosov Moscow State University
AN INTERDISCIPLINARY RESEARCH ON EMPLOYER CONTROL
The article is dedicated to the employer control as an interdisciplinary category. The author emphasizes, on the one hand, that the employer control is an economic mechanism in the field of personnel management, which is designed to improve the productivity and efficiency of labor in a timely manner, and on the other hand, a sign of labor relations. Employer control should also be considered through the prism of behavioral economics, as behavioral effects will help the employer to develop an effective control system that takes into account the behavior of employees.
Keywords: labor relations, employer control, personnel management, artificial intelligence.
References
1. Linets A. A. The role of labor law in the economic system of society at the present stage: dis. … doc. legal Sciences. – M., 2022. – 509 p.
2. Zakalyuzhnaya N. V. The main forms of atypical labor relations in Russia and abroad in the context of economic modernization: dis. … doc. legal Sciences. – M., 2021. – 433 p.
3. Sprague R. Worker (Mis)Classification in the Sharing Economy: Trying to Fit Square Pegs in Round Holes // Journal of Labor and Employment Law. – 2015. – Pp. 53-76. – [Electronic resource]. – Access Mode: http://dx.doi.org/10.2139/ssrn.2606600.
4. Yusupova S. M., Milovanov D. I. Personnel control in personnel controlling // Humanitarian scientific journal. – 2022. – № 1. – C. 45-51.
5. Pobiyanskaya A. V., Kipervar E. A., Dubrovin A. M. Systems of control and accounting of working time as a direction for increasing labor productivity // Labor Economics. – 2021. – Volume 8. – No. 6. – P. 631-642.
6. Chernyshov I. N. Electronic monitoring of productivity: opportunities and threats in the changing world of work // Labor Economics. – 2022. – Volume 9. – No. 1. – P. 23-36.
7. Smith M., & Amick B. (1989). Electronic monitoring at the workplace: Implications for employee control and job stress. Job Control and Worker Health. – [Electronic resource]. – Access mode: http://psy250.gofeet.info/pdf/smith.pdf.
8. Kahneman D. Think slowly… decide quickly. – Moscow: AST, 2014. – 653 p.
FAMILY LAW
DENISOVA Yuliya Vladimirovna
postgraduate student of Jurisprudence sub-faculty of the University of Management «TISBI»
HISTORY OF THE DEVELOPMENT OF MEDIATION IN RUSSIA
This article is dedicated to the study and research of the history of the development and formation of mediation in the Russian legal society during peasant relations. The author considered the historical aspect of the formation, the prerequisites for the formation and formation of mediation in a new interpretation, by highlighting the main stages of mediation in a real modern society in Russia. In the process of study and research, literary sources, legal acts and other legislative documents were analyzed, which contributed to the definition of the problem of the development of mediation in the Russian Federation in peasant times and at the present time.
Keywords: mediation, historical development, dispute resolution, historical background, “mediators”, legal system, history of mediation development.
References
1. Avdeenko N. I. On the jurisdiction of property disputes to friendly courts // Bulletin of the Leningrad State University. – 1961. – Issue. 1. – No. 5. – S. 120.
2. Anokhin V. S. Arbitration procedural law of Russia. – M.: Vlados, 1999.
3. Backhaus N. A. On the source of the duty of the state court ex officio to check the decision of the arbitration court on the grounds provided for in the law when considering an application for its cancellation // Arbitration Court. – 2004. – № 3. – S. 52-59.
4. Klyuchevsky V. O. Russian history. Full course of lectures (set of 3 books). – M.: Thought, 1993. – 953 p.
5. Kunitsyn A. P. Historical image of ancient legal proceedings in Russia. – St. Petersburg: Type. Second Division Own. e.i. led. office, 1843. – S. 25.
6. Nigmatullina T. A., Ternovaya L. O. Political mediation: a textbook. – Ufa: Publishing House of the Bashkir Institute of Social Technologies (branch) of the Educational Institution of Trade Unions of Higher Education “Academy of Labor and Social Relations”, 2016. – 370 p.
7. Rubinshtein E. A. Normative regulation of the institution of termination of criminal cases in connection with the reconciliation of the parties: dis. … cand. legal Sciences. – M., 2004. – S. 11.
8. Arbitration in the Russian Federation: textbook / Ed. O. Yu. Skvortsova – M.: Walter Kluvers Publishing House, 2010.
9. Shanin T. Where is Russia going? – M.: Aspect-Press, 1996. – S. 170.
10. Morozova VV Mediation as a way to resolve business disputes. // Science, education, innovations: topical issues and modern aspects. – 2021. – S. 142-144. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47376495 (date of access: 06/23/2023)
11. Kanzafarova E. R., Erokhina E. V. Mediation legislation: foreign standards and Russian practice // RODIS Analytics. – 2021. – S. 23-33. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47156904 (date of access: 06/18/2023)
12. Charter of civil proceedings with clarifications of the Senate up to 1903 inclusive. – Yekaterinoslav: Printing house of the publishing house of L. M. Rotenberg, 1904.
13. Sasov K. A. How to reduce the number of tax disputes in court by judicial practice. // Representative power – XIX century: legislation, comments, problems. – 2008. – S. 25-28. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=12810899 (date of access: 06/22/2023)
14. Mkrtumyan A. R., Grigoryan S. S. Status and problems of the institution of pre-trial settlement of tax disputes in the Russian Federation and in the Republic of Armenia in the conditions of membership in the EAEU // Alley of Science. – 2020 – S. 719-728.
15. Kulikova A. V. Mediation agreement as a special type of obligations // Law. Society. State. – 2020. – S. 162-166. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=43069628 (date of access: 06/22/2023)
16. Kravchuk L. S., Bocharnikova L. N., Zemlyakova T. A. On the use of mediation in criminal cases (from the experience of law enforcement practice in the Federal Republic of Germany) // Historical and social educational thought. – 2015. – S. 118-121. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=25444600 (date of access: 06/18/2023)
17. Shamlikashvili Ts. A., Ostrovsky A. N., Kabanova E. V., Silnitskaya A. S. Mediation in healthcare: from law enforcement to a dialogue about rights // Sociology of Medicine. – 2017. – S. 75-81. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=32505816
18. Masharova T. V. Mediation as a means of resolving conflicts in the modern educational environment // Worldscience, culture, education. – 2019. – S. 62-66. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=39282090 (date of access: 06/22/2023)
19. Ivanov O. B. Mediation in the activities of the Assembly of the people of Kazakhstan // Notes of a scientist. – 2017. – S. 29-46. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=32284352 (date of access: 06/23/2023)
FINANCIAL LAW
ANISHCHENKO Oleg Alexandrovich
magister student of the Law Faculty of the M. V. Lomonosov Moscow State University
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
JUDICIAL PRACTICE ON CORPORATE PROPERTY TAX: FROM THE “CIVIL LAW” CRITERION TO THE “ACCOUNTING” ONE AND VICE VERSA
The article notes that the judicial practice in cases of determining the taxable objects of corporate property tax was not in favor of the taxpayers for a long time, for courts used to apply the “civil law” criterion for making a distinction between personal property and real estate. The Supreme Court has deliberately changed this practice by drawing the attention of lower courts to the need to apply accounting categories. Nevertheless, as it can be derived from the analysis of the latest judicial practice, some arbitration courts have once again returned to the approaches, which were previously refuted by a higher authority. The Supreme Court itself, however, not only does not take any measures aimed at harmonizing judicial practice, but does not seem to notice the problem at all. The article will be useful to those who are interested in tax law.
Keywords: corporate property tax, judicial practice, personal property and real estate, accounting.
References
1. Artyukh A. A. Disputes about the re-qualification of movable property into taxable real estate: in search of a way out // Nalogoved. – 2019. – No. 9.
2. Deynega N. N. Movable and immovable: where is the practice going // Nalogoved. – 2022. – № 12.
3. Deynega N. N. Qualification of property as movable or immovable: development of approaches of the Supreme Court of the Russian Federation // Nalogoved. – 2021.
4. Litvinova K. Yu., Sapogin D. G. How the practice of distinguishing between movable and immovable property develops // Nalogoved. – 2021. – № 4.
5. Nogina O. A. Deformation of the legislative structure of the object on the tax on the property of organizations through subordinate regulation of accounting rules // Financial Law. – 2021. – № 10.
6. Popov P. A. From the “modernization tax” to the updated “land payment” // Nalogoved. – 2019. – No. 9.
7. Sosnovsky S. A. Tax on fixed assets or real estate tax // Nalogoved. – 2019. – No. 9.
FINANCIAL LAW
KERAMOVA Saida Nazirovna
senior lecturer in Administrative and financial law sub-faculty of the Dagestan State University
ABUSALIMOVA Aishat Abubakarovna
magister student of Administrative, financial and customs law sub-faculty of the Dagestan State University
SUBSIDY AS A FORM OF INTER-BUDGET TRANSFER
The article deals with topical issues of allocation of subsidies to Russian regions as forms of inter-budget transfers. It is said that many regions in Russia have low self-sufficiency of income, and therefore there are imbalances in regional budgets. The relevance of the topic lies in the fact that inter-budget transfers are a necessary tool for equalizing the budgetary provision of the subjects of the Russian Federation, and subsidies are a key type of inter-budget transfers. The purpose of this article is to study the problem of distribution of subsidies to the subjects of the Russian Federation, as well as to develop and justify possible to improve federal policy ways in this area. It is concluded that it is necessary to determine the influence of various factors on the possibilities of the federal budget to provide transfer assistance to subsidized regions of Russia.
Keywords: subsidies, inter-budget transfers, subsidized regions, financial support, socio-economic development, income self-sufficiency.
References
1. Gantemirova Z. E. Forms of interbudgetary transfers // Issues of sustainable development of society. – 2022. – No. 6. – P. 316-321.
2. Abramov P. V. Subsidies to the subjects of the Russian Federation: approaches to improving efficiency // Economics of the New World. – 2022. – V. 7. – No. 2 (25). – P. 6-13.
3. Kovalenko O. G., Kiryushkina A. N. On the issue of subsidies to equalize the budgetary provision of the constituent entities of the Russian Federation // Karelian scientific journal. – 2016. – No. 5 (4). – WITH.128-131.
FINANCIAL LAW
ULYBINA Olesya Viktorovna
associate professor of Pedagogy, psychology and social work sub-faculty of the Birsk branch of the Ufa Institute of Science and Technology
DASHKOV Timur Kamilevich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
LEGAL REGULATION OF THE ISSUE OF INVESTING IN SECURITIES FOR CIVIL SERVANTS
In the article, the authors consider the normative legal acts regulating the issues of investing in securities for civil servants, analyze in detail the prohibitions and restrictions related to the legal status of a civil servant. Examples of departmental regulatory legal acts establishing additional aspects of legal regulation on this topic are given. The issue of conflict of interest when investing in securities is analyzed in detail. The direction of foreign securities is considered separately.
Keywords: civil servants, declaration of income of a civil servant, investment for civil servants, securities, prohibitions and restrictions for civil servants, conflict of interests.
References
1. Federal Law of May 27, 2003 N 58-FZ “On the system of public service of the Russian Federation” // SPS “ConsultantPlus” (date of access: 21.05.2023).
2. Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” // SPS “ConsultantPlus” (accessed on May 21, 2023).
3. Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” // SPS “ConsultantPlus” (accessed on May 21, 2023).
FINANCIAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
THE DEFINITION AND LEGAL FORMS OF THE STATE FINANCIAL ACTIVITY
The article reveals the essence of the financial activity of the state on the basis of scientific research by scientists of the Russian State University of Justice and the main features of the financial activity of the state, on the basis of which the definition of its concept is formulated. The main forms of financial activity of the state are analyzed, the content of each of them is disclosed.
Keywords: financial law, state activity, financial activity of the state, public administration, state control, financial control.
References
1. Alekseev I. A., Svistunov A. A., Stankevich G. V. et al. Administrative law: textbook. – M.: Prospekt, 2016.
2. Biryukova E. R. On the relationship between the economic function of the state and other functions of the modern Russian state // Modern problems of economics, management and law: a collection of scientific articles / Ed. ed. G. Yu. Gulyaev. – Penza: Science and education, 2019.
3. Bochkareva E. A. Legal model of a balanced budget system in the Russian Federation: Author. dis. … doc. legal Sciences. – M., 2014.
4. Bochkareva E. A. Financial and legal aspects of budgetary resources management of the state and its territories // Law and practice. – 2020. – No. 1. – P. 133.
5. Bochkareva E. A. Financial control and expertise // Financial control in the field of public and private finance: materials of the International scientific and practical conference / Ed. I. A. Tsindeliani. – M.: RGUP, 2017.
6. Kainov A. S. Law enforcement and human rights activities: correlation of concepts // Vector of science of Togliatti State University. Series: Legal Sciences. – 2016. – No. 2 (25).
7. Komarova L. V., Farikova E. A. The place of the institution of financial control in the system of Russian law // Eurasian legal journal. – 2022. – No. 2 (165).
8. Komarova L. V., Farikova E. A. Legal and individual regulation of public relations in the sphere of finance, control, supervision, audit // Eurasian Legal Journal. – 2019. – No. 1. (128).
9. Okhrimenko Ya. V. On the issue of understanding the state as a subject of financial legal relations // Chronos. – 2021. – T. 6. – No. 7 (57).
10. Farikova E. A. Subjects of state financial control and audit in modern Russia // Law and practice. – 2022. – № 1.
11. Financial law: textbook / Ed. ed. N. I. Khimicheva, E. V. Pokachalova. – M.: Norma: INFRA-M, 2020.
12. Herrera L. M., Sedova I. N., Cherkasova T. S., Troitskaya N. G. Functions of the state financialhowling politics // World science: problems and innovations: collection of articles of the XXV International Scientific and Practical Conference / Ed. ed. G. Yu. Gulyaev. – Penza: Science and education, 2018.
TAX LAW
MUTUEV Akhmed Ibragimovich
magister student of the 2nd course of the Institute of Law of the Dagestan State University
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of Administrative, financial and customs law sub-faculty of the Dagestan State University
PROBLEMS OF OPTIMIZATION OF TAX ACTIVITY IN THE RUSSIAN FEDERATION
The article discusses the concept of taxes and the procedure for their redistribution. The mechanism of tax optimization is considered, the ways of its implementation are determined. The risks of optimizing the tax sphere within the framework of political and economic transformations are outlined. Examples of the practice of applying tax evasion schemes are used. The problems leading to violation of legislation and damage to the state budget are considered.
Keywords: tax, tax optimization, tax control, tax legislation, tax benefit.
References
1. Tax Code of the Russian Federation Part 1 (dated July 31, 1998 No. 146-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 16, 1998) (as amended and supplemented). Information and legal portal “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru.
2. The Tax Code of the Russian Federation, part 2 (dated August 5, 2000 No. 117-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on July 19, 2000) (as amended and supplemented). Information and legal portal “Garant”. [Electronic resource]. – Regime access: https://base.garant.ru.
3. Golubeva M. G. Tax planning and tax optimization // Theoretical aspects of jurisprudence and law enforcement issues: Collection of articles based on the materials of the X International Scientific and Practical Conference: Limited Liability Company “Internauka”, 2018. – P. 23-26.
4. Krokhina Yu. A. Tax law: a textbook for universities. – 10th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 503 p.
BUSINESS LAW
BADMADORZHIEV Garma Evgenjevich
magister student of Constitutional and administrative law sub-faculty of the School of Law of the Far Eastern Federal University
ON THE QUESTION OF SOME PROBLEMS OF APPLICATION OF THE NORMS OF THE INSTITUTE OF INVALIDITY OF TRANSACTIONS IN A BANKRUPTCY CASE IN THE PRACTICE OF ARBITRATION COURTS
This article identifies and analyzes the problems of applying the institution of invalidity of transactions in a bankruptcy case in the practice of arbitration courts of the Russian Federation. In the course of the study, the author examines the material norms of civil law and the norms of the institution of insolvency (bankruptcy), fixing the grounds for the invalidity of transactions, the application of which is possible within the framework of the bankruptcy procedure . The author comes to the conclusion that the application by the courts of the norms of the institution of invalidity of transactions in a bankruptcy case is not without its shortcomings due to the assumption of arbitrary application of general and special grounds for the invalidity of transactions. In addition, the author formulates and proves the need to legally fix one more special ground for the invalidity of the debtor’s transactions in the Federal Law on insolvency (bankruptcy), since such fixing will resolve the uncertainty in the application of some general civil grounds for the invalidity of transactions in a bankruptcy case.
Keywords: institution of insolvency (bankruptcy), invalidity of transactions, transactions, general grounds for the invalidity of transactions, special grounds for the invalidity of transactions, arbitration courts, law enforcement.
References
1. Badmadorzhiev G. E. To the question of the place in the system of law of the Russian Federation of the totality of norms on the invalidity of transactions in a bankruptcy case // Eurasian Law Journal. – 2022. – No. 11 (174).
2. Birkley V. E. The boundary between special and general grounds for contesting transactions in bankruptcy: theory questions // Questions of Russian justice. – 2022. – № 17.
3. Ryakhovskaya A. N., Kovan S. E. Influence of the institution of bankruptcy on the economic security of the state: a challenge or a security tool? // Property relations in the Russian Federation. – 2018. – No. 6 (201).
BUSINESS LAW
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State Unversity of economics
THE SUBJECT COMPOSITION OF RELATIONS ON THE REGULATION OF ENTREPRENEURIAL ACTIVITY: DEBATABLE ISSUES
The article provides an analysis of one of the most pressing issues of modern business law at present – the issues of systematization of state influence on economic relations in terms of its subject composition and, above all, on relations in the field of entrepreneurial activity. This issue is one of the fundamental ones in the theory of business law and largely determines the vector of development of the conceptual provisions of this branch of law as a complex branch of education, and the science of business law as intersectoral knowledge. Unfortunately, the variety of author’s interpretations does not allow reaching a new level of legal reflection, taking into account the ongoing changes in the country’s politics and economy. In this regard, I consider it necessary to update the ideas available in science about the structure of relations on state regulation of entrepreneurial relations, primarily in the context of their subject composition.
As one of the conclusions, we substantiate the opinion on the inclusion of state corporations in the number of specific entities that implement state policy in the field of entrepreneurial activity.
Keywords: state regulation, entrepreneurial activity, subjects of entrepreneurial law, state corporations.
References
1. Timofeeva T. F., Leontyeva L. G. State regulation of entrepreneurial activity // Bulletin of the Russian University of Cooperation. – 2018. – № 2.
2. Netishinskaya L. F. Entrepreneurial law: Textbook. – Krasnodar, 2019.
3. Grishkovets A. A. Federal authorities and other entities that regulate the economy // Legal policy and legal life. – 2020. – № 3.
4. Khudzhatov M. B. Joining a self-regulatory organization (SRO) // ATP Consultant Plus. 2022.
5. Kanunnikova N. G. To the question of a state corporation as a form of a non-profit organization // Business Security. – 2021. – No. 2. – P. 3-5.
BUSINESS LAW
DO LIN
magister student on the specialty “Jurispudence” of the Belarusian State University of Economics
LEGAL PROVISIONS FOR CHINESE COMMERCIAL ENTERPRISES
This research presents an in-depth exploration of the legal provisions of governing commercial entities in China. The paper begins with an overview of the significance and evolution of commercial entities in the Chinese context, then delves into the specific legal framework that oversees them. It scrutinizes various legislative texts such as the “Company Law of the People’s Republic of China” and the “Partnership Enterprise Law of the People’s Republic of China,” along with other relevant laws and regulations.
The study evaluates the implementation and implications of these legal provisions for businesses, examining enforcement institutions and procedures, as well as the effects on corporate governance, investment environment, and corporate image.
Significant attention is devoted to the challenges faced by businesses due to the legal regulations’ complexity and changes, enforcement issues, and compliance costs. The research concludes by summarizing the necessity and hurdles of these legal provisions, offering insightful recommendations for businesses and highlighting potential directions for future research.
Keywords: Chinese commercial entities, legal regulations, legal environment, commercial subjects, implementation and impact, challenges, compliance costs, risk management.
The bibliographic list
1. National People’s Congress (2020). Company Law of the People’s Republic of China.
2. Partnership Enterprise Law of the People’s Republic of China.
3. Smith J. K. Challenges in the Enforcement and Regulation of Legal Provisions for Business Entities: A Comparative Study // Journal of Business Law. – 2022. – 45 (3). – P. 123-145.
4. Johnson M. A. The Importance of Legal Provisions for Commercial Entities in China: Recommendations for Enhanced Compliance and Risk Management // International Journal of Business and Legal Studies. – 2022. – 10 (2). – P. 78-95.
5. Smith A. The Role and Importance of Commercial Entities in Economic Development // Journal of Economic Studies. – 2021. – 48 (2). – P. 78-95.
6. Zhang L., & Li Y. The Impact of Commercial Entities on Chinese Society: A Comprehensive Analysis // Chinese Journal of Economics. – 2019. – 35 (4). – P. 123-145.
7. Johnson M. A. Legal Provisions and the Operation of Commercial Entities in China: An In-depth Analysis. International Journal of Legal Studies. – 2023. – 10 (2). – P.112-130.
8. National People’s Congress (2020). Partnership Enterprise Law of the People’s Republic of China.
9. National Bureau of Statistics of China (2022). Statistical Database.
10. State Administration for Market Regulation (2022). Market Regulation Database.
11. Yin, R. (2018). Case Study Research and Applications: Design and Methods. Sage Publications.
12. National People’s Congress (2016). Partnership Enterprise Law of the People’s Republic of China.
13. National People’s Congress (1999). Contract Law of the People’s Republic of China.
14. National People’s Congress (2001). Trademark Law of the People’s Republic of China.
15. National People’s Congress (2007). Anti-Monopoly Law of the People’s Republic of China.
16. Supreme People’s Court (2008). Opinions on the Establishment of Specialized Commercial Trial Institutions.
17. National People’s Congress (2014). Environmental Protection Law of the People’s Republic of China.
18. Cyberspace Administration of China (2020). Data Security Law of the People’s Republic of China.
19. National People’s Congress (2006). Anti-Monopoly Law of the People’s Republic of China.
20. National People’s Congress (2019). Foreign Investment Law of the People’s Republic of China.
INFORMATION RIGHT
TOLKACHEV Mikhail Vasilyevich
postgraduate student of the Department of the Scientific and Educational Center “Legal Studies” of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
STATE POLICY ON DIGITALIZATION OF PUBLIC BODIES OF THE RUSSIAN FEDERATION
The successful development of the national economy depends on the active and effective implementation of digital technologies in individual industries. Digital technologies will allow every citizen to participate in regional and national projects and various digital platforms implemented by public authorities to improve the efficiency of public administration. In the process of exercising public powers, public authorities promote that citizens receive various services by providing digital access to the portals of public authorities. The introduction of digital technologies in the activities of public authorities contributes to improving the quality of services provided, improving the feedback mechanism with the population, and the transition to interactive interaction between authorities and citizens.
Keywords: digitalization, public authorities, public administration, digital technologies, electronic document management, electronic provision of services, law, legal regulation.
References
1. Gerasimchuk Z. V., Baranova I. S. Prospects for the use of digital technologies in public administration in a crisis (on the example of COVID-19) // StudNet. – 2020. – V. 3. No. 9. – S. 826-835.
2. Zubarev S. M. Legal risks of digitalization of public administration // Actual problems of Russian law. – 2020. – V. 15. No. 6 (115). – P. 23-32.
3. Kobzar-Frolova M. N. The system of public authorities of the Russian Federation: concept, characteristics, interaction // Siberian Legal Review. – 2021. – V. 18. No. 2. – S. 192-203.
4. Konyukova O. L., Letunov S. A. The role of digitalization in public administration // Global and regional research. – 2019. – V. 1. No. 1. – S. 75.
5. The concept of the digital state and the digital legal environment: monograph / Ed. ed. N. N. Chernogora, D. A. Pashentseva. – M., 2021.
6. Kuzyakin Yu. P., Kuzyakin S. V. Legal regulation of digital technologies in public administration // Administrative law and process. – 2023. – No. 3. – P. 55-58.
7. Malinenko E. V. Influence of digitalization of management on the optimization of the legal system (on the example of constitutions and charters of subjects of the Russian Federation) // Bulletin of the Volga Institute of Management. – 2019. – V. 19. No. 2. Okinawa Charter of the Global Information Society. – [Electronic resource]. – Access mode: http://www.kremlin.ru/supplement/3170 (date of access: 05/10/2023).
8. Potapova E. G., Poteeva P. M., Shklyaruk M. S. Digital transformation strategy: write to execute. – Moscow: RANEPA, 2021. – 184 p.
9. Alimova D. R., Afanasyeva S. A., Bakulina L. T. et al. Gaps in law in the context of digitalization: a collection of scientific papers / Ed. ed. D. A. Pashentseva, M. V. Zaloilo. – M.: Infotropic Media, 2022. – 472 p.
10. Ryzhkova E. A., Ryzhkova E. K. Actual problems of legal regulation of the digital revolution // Legal Research. – 2021. – No. 8. – P. 2-3.
11. Chernogor N. N., Zaloilo M. V. Improving the legal regulation of public discussion of draft regulations // Law. Journal of the Higher School of Economics. – 2018. – No. 4.
ENVIRONMENTAL LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
ANTONOVA Tatyana Leontjevna
Ph.D. in Law, Dean of the Faculty of Continuing Education for the Training of Specialists for the Judicial System, associate professor of General education disciplines sub-faculty of the Crimean branch of the Russian State University of Justice
SOME ASPECTS OF THE DEVELOPMENT OF THE REGULATORY AND LEGAL PROVISION OF ENVIRONMENTAL SAFETY IN THE SUBJECTS OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF THE REPUBLIC OF CRIMEA)
The article analyzes and reveals the basics of regulatory and legal provision of environmental safety in the context of modern challenges and threats. The authors study and reveal the concepts of “national security”, “environmental safety”, “ensuring environmental safety” and their relationship. The study reveals the problems of developing regulatory support for the implementation of the Environmental Safety Strategy on the example of the Republic of Crimea. Based on the analysis, the authors make their conclusions and proposals for the development and implementation of the Environmental Safety Strategy of the Republic of Crimea, which can and should be taken as a basis for the development of this Strategy.
Keywords: national security, environmental safety, ensuring environmental safety, Environmental Safety Strategy of the Republic of Crimea.
References
1. Evsikova E. V., Antonova T. L. Some aspects of administrative and legal regulation of environmental responsibility // Eurasian Law Journal. – 2022. – No. 4 (167). – P. 131-133.
2. Evsikova E. V., Buts S. B. To the law on the amendment to the Constitution of the Russian Federation-2020 // Eurasian legal journal. – 2021. – No. 11 (162). – P. 133-135.
3. Sokolskaya T. I. On the draft Strategy for the environmental safety of the Russian Federation until 2025 // Science and Modernity. – 2016. – P. 142-149.
4. Brinchuk M. M., Kasprov Yu. A. Ecological safety as an element of a single space in the Arctic // Bulletin of the Udmurt University. Series “Economics and Law”. – 2020. – T. 30. Issue. 4. – P. 528-534.
5. Zakharov A. V. and Popov A. G. Ensuring environmental safety in the context of modern global challenges to humanity // Actual problems of state and law. – 2017. – V. 1. No. 1. – P. 131-140.
6. Kirsa A. S. The concept of environmental safety // Young scientist. – 2022. – No. 38 (433). – P. 123-126.
7. Bykovsky VK Ecological security in the system of national security of the Russian Federation // International cooperation of Eurasian states: politics, economics, law. – 2016. – No. 2. – P. 90-98.
LAND LAW
PERELEKHOVA Tatyana Sergeevna
magister student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University, associate professor of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
PROBLEMS OF THE EFFICIENCY OF LAND CONTROL AND SUPERVISION IN THE CONTEXT OF IMPROVEMENT OF LEGISLATION
This article examines the features and problems of the productivity of land control and supervision in the Russian Federation, analyzes the judicial practice on this issue. The foreign experience of control in the field of land relations is considered. A number of proposals have been made to improve legislation in the field of land control and supervision in the Russian Federation.
Keywords: state land supervision, municipal control, land offenses, unauthorized construction, responsibility.
Reference list
1. Lipski S. A. State land supervision in the system of environmental supervision: organizational and legal aspects // Legal issues of construction. 2015. – № 1. – P. 12-16.
2. Dyrda S. V., Maltseva V. V., Gagarinova N. V. State land supervision: tasks, implementation procedure, responsibility for violations of land legislation // COLLOQUIUM – JOURNAL. – 2019. – No. 3-4 (27). – P.33-36.
3. Karpenko L.P. Sokolov I.S. Problems of the implementation of the powers of state land supervision / / Bulletin of the University named after O.E. Kutafin (MGYuA). – 2019. – No. 1 (53). – P.163-168.
4. Suvorov I. S. Problems beforeindications of unauthorized occupation of land in the implementation of state land supervision // Young scientist. – 2021. – No. 10 (352). — P. 121-123.
CRIMINAL LAW
GADZHIEVA Aisha Ansarovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Khasawurt
YUSUPOVA (KURBANOVA) Merem Kurbanovna
magister student of the Institute of Law of the Dagestan State University
THE ESSENCE OF CRIMINAL PUNISHMENT, ITS FUNCTIONS AND TRENDS OF PUNITIVE POLICY IN THE MODERN PERIOD: IS THE REPRESSIVE APPROACH JUSTIFIED?
The article discusses issues related to the essence of punishment, as well as the correlating functions of criminal punishment, and also gives a practical assessment of the effectiveness of punishments in recent years. It is noted that the essence of punishments should be considered a certain balance between punitive, rehabilitative and socio-rehabilitative principles of criminal punishment, which is appropriately expressed in its functions. The importance of the punitive element and the justification of the punitive bias in the policy of sentencing for the commission of certain types of grave and especially grave crimes are stated.
Keywords: criminal punishment, punitive policy, repressive approach, social rehabilitation.
References
1. Ansel M. New social protection (humanist movement in criminal policy). – M.: Publishing house of the Leningrad University, 1970. – S. 105-106.
2. Bytko S. Yu., Varygin A. N. Some methodological issues of evaluating the effectiveness of the preventive impact of criminal penalties // Bulletin of the Perm University. Legal Sciences. – 2019. – No. 43. – P. 146-177.
3. Pasyuk E. A. The concept and goals of punishment // Student Forum. – 2021. – No. 28 (164). – P. 73-75.
4. Shesler A. V. Why criminal punishment should be punishment // Bulletin of the Kuzbass Institute. – 2019. – No. 1 (38). – P. 84-96.
5. Judicial Department. – [Electronic resource]. – Access mode: http://cdep.ru/?id=79 (date of access: 06/15/2023).
6. Judicial statistics of the Russian Federation – [Electronic resource]. – Access mode: https://stat.api-press.rf/stats/ug/t/14/s/17 (date of access: 06/15/2023).
7. Statistical information on the state of crime in 2022 – [Electronic resource]. – Access mode: https://mvd.rf/news/item/35394944 (date of access: 06/15/2023).
CRIMINAL LAW
ISMAGILOVA Galina Vyacheslavovna
Ph.D. in economical sciences, associate professor of Economics and management at metallurgical and machine-building enterprises sub-faculty of the Institute of Economics and Management of the First President of Russia B. N. Yeltsin Ural State University, associate professor of Management and economic theory sub-faculty of the Institute of Economics, Finance and Management of the Ural State Agrarian University
ISMAGILOVA Kristina Arkadjevna
postgraduate student of the Ural Institute of Management – branch of the RANEPA under the President of the Russian Federation.
LEGAL REGULATION OF LAND USE IN THE ACTIVITIES OF AN INDUSTRIAL ENTERPRISE
The article discusses the main legal and economic aspects of state regulation of land relations. From a legal point of view, the issues of land categorization, the type of permitted use, the rights and obligations of the land owner, from an economic point of view, taxation of industrial lands and price-forming factors of land plots are considered. Approaches to the problems of abolishing the categorization of land plots have been studied, and the boundaries of the taxpayer’s legal freedom in terms of the use of industrial land have been determined.
Keywords: land tax, land categorization, industrial lands, waste disposal facilities, state regulation of land relations.
References
1. Accounting and analytical support for the formation of taxable profit: Textbook / Pod. ed. O. P. Bozina. – Moscow: IL, 2014. – 172 p.
2. Narysheva N. G. Transition from the division of land according to the intended purpose into categories to territorial zoning: pros and cons // Ecological Law. – 2015. – No. 5. – P. 42-49.
3. Zemlyakova G. L. Problems of legal regulation of changes in the types of permitted use of land plots in the conditions of the abolition of the division of land into categories // Ecological Law. – 2021. – No. 1. – P. 28-34.
4. Ismagilova G. V., Kostochko K. A. On the rational use of land by industrial enterprises // Spring Days of Science GSEM: collection of reports of the XII International Conference of Students, Postgraduates, Young Scientists “RosRussian regions in the focus of change”, April 20-23, 2018; FG.AOU HE “UrFU named after the first President of Russia B.N. Yeltsin”. – Ekaterinburg. – P. 185-188.
5. Kolesnyak A. A., Kolesnyak I. A. Socio-economic and humanitarian journal of the Krasnoyarsk State Agrarian University. – 2015. – № 2. Rational use of agricultural land is the basis for providing the population of the region with food.
6. Kharkov V. N. The principle of dividing land into categories according to the intended purpose as the main beginning of public administration in the sphere of land use and protection // Modern law. – 2016. – No. 9. – P. 82-89.
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» p> SOCIO-PSYCHOLOGICAL DETERMINANTS OF JUVENILE DELINQUENCY
The article examines the socio-psychological determinants of criminal behavior of minors. Special attention is paid to the peculiarities of criminal behavior of minors, which often violates the rules of social behavior, traditional orders and norms of society. The factors of determination that have a great influence on the implementation of crimes by minors are considered. Possible solutions to this problem are proposed.
Keywords: determinants of crime, criminal behavior, socio-psychological factors, illegal behavior, minors.
References
1. Pisarevskaya E. A. On the issue of socio-psychological determinants of violent juvenile delinquency // Bulletin of the Tomsk State Pedagogical University. – 2006. – No. 11 (62). – P. 56-60.
2. Slobodenyuk M. A. Social and psychological determinants of violent crimes committed by minors // New in psychological and pedagogical research. – 2018. – No. 1 (49). – P. 71-77.
3. Alekseev A. I., Gerasimov S. I., Sukharev A. Ya. Criminological prevention: theory, experience, problems. – M., 2001.
4. Zorina N. S. Features of deviant behavior of adolescents // Eurasian legal journal. – 2023. – No. 2 (177). – S. 259-260.
5. Mironov D. D. Formation of the readiness of students of legal specialties to work with adolescents with deviant behavior // Word science: problems and innovations: Collection of articles of the XLIII International Scientific and Practical Conference. In 2 parts, Penza, May 30, 2020. Volume Part 1. – Penza: “Science and Education” (IP Gulyaev G. Yu.), 2020. – P. 222-224.
6. Smolyakov A. A., Gavrilova O. V. The study of moral and psychological characteristics of the personality of minors who have committed violent crimes as one of the components of the prevention of juvenile delinquency. – 2020. – V. 5. No. 2 (10). – S. 221-226. – EDN ANZBUF.
7. Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Juvenile Delinquency” Access from references. – legal system “ConsultantPlus”.
8. Dugenets A. S., Pavlova L. V. On some issues of organizing individual preventive work in relation to minors as a way to protect their rights // Actual problems of administrative and administrative procedural law (Sorokin readings): Collection of articles based on international scientific and practical conference, St. Petersburg, March 24, 2023 / Under the general editorship of A. I. Kaplunov, compiled by: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 672-677.
CRIMINAL LAW
KOLUPAEV Egor Olegovich
attorney trainee, Advocatory bureau of the Tomsk region Yuridicheskaya gruppa “PRIM group”, Tomsk
THE BRIBE ITEM IN THE CRIMINAL LAW OF THE RUSSIAN FEDERATION AND SOME COUNTRIES OF THE EUROPEAN UNION
In the present article, the author is analyzing the essence of the bribe item in the criminal codes of the Russian Federation, and some foreign countries-members of the European Union. In the article, the description and evaluation of some specific features of the foreign legislation related to the bribe item is presented. Carried out an estimated comparison of approaches to the essence of bribe item in certain European countries and the Russian Federation. Some features of the domestic approach to the essence of a bribe item are revealed. Raised problem of incomplete disclosure of bribe item in the Russian Federation in the context of the personal benefit of the bribetaker.
Keywords: corruption, bribery, commercial bribery, unlawful advantage, personal benefit, European Union.
References
1. Epifanov B. V. The subject of the crime: the concept and problems of lawmaking // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2015. – No. 2 (66). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/predmet-prestupleniya-ponyatie-i-problemy-pravotvorchestva (date of access: 04/12/2023).
2. Inogamova-Khegay L. V. Official crimes as single acts and as a plurality of crimes // Society and Law. – 2017. – No. 1 (59). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sluzhebnye-prestupleniya-kak-edinichnye-deyaniya-i-kak-mnozhestvennost-prestupleniy (date of access: 04/09/2023).
CRIMINAL LAW
KUCHMEZOV Rasul Abdulmutalifovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia of the MIA of Russia, major of police
CRYPTO CRIME AS A KIND OF CYBERCRIME
In recent years, the modern world economy has been actively applying new technologies that allow expanding the use of payment opportunities, using blockchain, cryptocurrency. The demand for cryptocurrency, as it turned out, causes significant harm to the economy and poses a threat to the national security of the country. The domestic law enforcement system can control the activities of legal entities operating on its territory and prohibit them from using cryptocurrencies, but it is much more difficult to track the actions of individuals. In addition, there is no ban on the exchange of cryptocurrencies for real money outside the country due to the fact that international exchange markets do not obey the norms of national law of individual countries. Law enforcement practice also notes the existence of a problem with Internet sites that can accept payments in cryptocurrency: they are outside the Russian legal field, as they work outside the Russian Federation and function anonymously. Therefore, it will not be possible to avoid the turnover of cryptocurrencies in the Russian Federation.
Keywords: cryptocrime, cybercrime, criminal encroachments, information technology, economic crimes, international nature of the crime.
References
1. Batuev T. B. Cryptocurrency as a goal and a means of committing a crime // Student. – 2019. – No. 20-5 (64). – P. 17-20.
2. Bushkevich N. S., Yakimov A. A. Characteristics of the main problems of investigating cryptocrimes // Legality and the rule of law. – 2020. – No. 4 (56). – P. 39-43.
3. Ganicheva E. A. Countering the use of cryptocurrency for illegal purposes // Modern Science: Actual Problems of Theory and Practice. Series: Economics and law. – 2022. – No. 3. – P. 124-128.
4. Dolgieva M. M. Cryptocrime as a new type of crime: concept, specifics // Modern law. – 2018. – No. 10. – P. 109-115.
5. Dolgieva M. M. Features of the objective side of crimes related to the circulation of cryptocurrency // Legitimacy. – 2022. – No. 12 (1058). – P. 24-28.
6. Soldatova Yu. A. The use of cryptocurrency in criminal activity // In the collection: Prospects for the development of institutions of law and the state. Collection of scientific papers of the 4th International scientific conference. – Kursk, 2021. – P. 47-49.
CRIMINAL LAW
LATYPOVA Dinara Mansurovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal and penal law sub-faculty of the Samara Law Institute of the FPS of Russia
CONDITIONS FOR THE LEGITIMACY OF CAUSING HARM BY AN EMPLOYEE DURING THE DETENTION OF A CONVICT WHO ESCAPED FROM A CORRECTIONAL INSTITUTION
The article is dedicated to the analysis of the conditions for the legitimacy of causing harm during the arrest of a convicted person escaping from a correctional institution. The article analyzes the issues of qualification of exceeding the measures necessary for the detention of a convicted person committing an unlawful act. The qualification is substantiated by the totality of the criminal law norms provided for by Art. 105 and Art. 286 of the Criminal Code of the Russian Federation.
Keywords: infliction of harm, conditions of legality, escape, convict, excess of measures.
Reference list:
1. Popov A. N. Scientific and practical commentary on the decision of the Plenum of the Supreme Court of the Russian Federation “On the application of the courtmi of legislation on necessary defense and infliction of harm during the arrest of a person who committed a crime “of September 27, 2012 No. 19. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2020. – P. 29.< br /> 2. On approval of the Procedure for carrying and using firearms by employees of the penitentiary system: order of the Ministry of Justice of the Russian Federation No. 215: [adopted on October 30, 2017] Official Internet portal of legal information. [Electronic resource]. – Access mode: www.pravo.gov.ru, November 17, 2017
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 Talat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia, associate professor of Criminal law and humanitarian disciplines sub-faculty of the Branch of the S. Yu. Witte Moscow University in Ryazan
CRIMINAL LIABILITY FOR THE COMMISSION OF CONVENTIONAL CRIMES UNDER THE LEGISLATION OF FOREIGN COUNTRIES
The geography of human trafficking, in addition to Russia, covers the Central Asian states, the Middle East, and Western Europe. The unifying legal basis for countering conventional crimes is international law, and the activities of national law enforcement agencies to combat this evil should be coordinated within the framework of interstate cooperation in this area and police interaction with Interpol. In 2000, the Russian Federation signed the UN Convention against Transnational Organized Crime and its supplementary Protocol on the Prevention and Suppression of Trafficking in Persons, which were ratified by the Russian Federation in March 2004. At the same time, criminal law issues (qualifications) of combating conventional crimes require further development to eradicate such phenomena.
Keywords: European Union, international law, convention crimes, human trafficking, use of slave labor, ratification of international agreements.
References
1. Zagorsky G. I., Kaufman M. A., Moiseeva T. F., Radutnaya N. V. Trial of human trafficking. – M., 2009. – S. 22.
2. Gordeeva A. O., Chernova O. A. International legal framework for combating human trafficking // Electronic scientific publication “Scientific notes of the TOGU”. – 2014. – Volume 5. – No. 4. – P. 215.
3. Sinitsyn F. L. International legislation on the problem of human trafficking. – Perm, 2000. – P. 11.
4. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime: Adopted by General Assembly resolution 55/25 on 15 November 2000.
5. Mukhanov BN Experience in combating attacks on the physical freedom of a person associated with his exploitation in foreign countries // Bulletin of the Chelyabinsk State University. – 2005. – No. 9 (1). – P. 114.
6. Magomedov A. A. Problems of interstate cooperation in the fight against human trafficking in the post-Soviet space // State and ways of improving the counteraction to human trafficking in Russia: collection of articles. materials scient.-pract. seminar October 17, 2014, Moscow / Ed. T. L. Kozlova; Acad. Gene. Prosecutor’s Office Ros. Federation. – M., 2015. – S. 85.
CRIMINAL LAW
MOLCHANOVA Elena Vladimirovna
Ph.D. in pedagogical sciences, associate professor of Criminal law, process and criminalistics sub-faculty of the branch of the Kuban State University in Tikhoretsk
CRIMINAL PENALTIES: HISTORY AND MODERNITY
The article examines the historical aspect of the development of the system of punishments used in Russia for committing criminal offenses. It is shown that historically it was a long and complex evolutionary path, the stages of which were determined by the socio-economic and political-legal processes taking place at that time. The addition of the Criminal Code of the Russian Federation Article 123.1 is proposed.
Keywords: criminal punishment, misconduct, disposition, crime, responsibility, criminal law.
Reference bibliographic listc
1. Barshev S.I. General principles of theory and legislation on crimes and punishments: in two sections // Bulletin of the O.E. Kutafin University (MSUA). – 2018. – No. 12. – P. 216.
2. Getsmanova I. V. Legal regulation of artificial termination of pregnancy and liability for illegal abortion: history, problems, prospects // Medical Law. – 2016.– No. 5. – P. 31-35.
3. Gorozhankina D. V. Code of laws on legal proceedings for crimes of 1832 as an act of systematization of the criminal procedural legislation of the Russian Empire // Bulletin of the South Ural State University. – Series: Law. – 2006. – Issue. 8. – T. 2.
4. Garbatovich D. A., Klassen A. N. Non-criminal deeds in accordance with the Criminal and Correctional Punishment Code of 1845 // Bulletin of the South Ural State University. – Series: Law. – 2018. – T. 18. – No. 1. – S. 18-23.
5. Kazakova V. A. Problems of qualifying crimes against health: Monograph. – M.: RUSAYNS, 2018. – 436 p.
6. Popov A. A. Brief history of abortion and demographic policy in Russia // Family Planning in Europe. – 1994. – No. 1. – P. 5-7.
7. Russian legislation of the X – XX centuries. Judicial reform. – Vol. 8: Charter on punishments imposed by magistrates.
8. Skrelya K. Yu. From the history of legislative thought – analysis of the “Code of punishment for criminal and correctional” from 1845 // Scientific Bulletin of the Crimea. – 2019. – No. 3 (21). – P. 11.
9. Titov Yu. P. History of the domestic state and law. – Part 1. – M., 1996.
CRIMINAL LAW
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
CRIMINAL-LEGAL ASSESSMENT OF NON-FULFILLMENT BY MEDICAL PERSONNEL OF THEIR PROFESSIONAL DUTIES
The main focus of medical activity is the preservation of human health and life. Medical workers are criminally liable for committing professional crimes by negligence. Bringing a medical worker to criminal responsibility for causing serious harm to health or causing death by negligence is explained by the fact that the most serious mistakes in the professional activities of medical staff leading to the listed consequences. These acts are carried out by medical staff in the process of performing their professional duties by a person. The commission of a professional error is that the medical staff violates the established legal regulations in the field of medical care. The noted violations can be committed with both intentional and careless forms of guilt.
Keywords: preservation of human health and life, medical staff, professional activity, professional error, criminal liability, causing death.
References
1. Rastoropov S. V., Adylin D. M. On the issue of the subjective side of HIV infection // Bulletin of the Samara Law Institute. – 2018. – No. 3 (29). – S. 53.
2. Rakov A. A. Objective signs of crimes committed by medical workers // Bulletin of the Chelyabinsk State University. – 2005. – No. 9 (1). – P. 117-120.
3. Nagornaya I. I. Criminal law protection of human life and health in the provision of medical services: a comparative legal analysis. – M., 2014. – S. 83.
4. Petrova T. N. Features of the investigation of crimes related to poor-quality medical care during obstetrics // Consilium Medicum. – 2017. – No. 19 (6). – P. 9–31. DOI: 10.26442/2075-1753_19.6.9-31.
5. Vinokurova M. A. Responsibility for criminally improper provision of medical care (part 2 of article 109, part 2 of article 118 of the criminal code of the Russian Federation // Law and order: history, theory, practice. – 2016. – No. 1 (8). – C 72-75.
6. Kozhukharik D. N., Savin P. T. Legal analysis of the elements of the crime “Causing death by negligence” // Law and Practice. – 2017. – No. 3. – S. 34.
CRIMINAL LAW
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofya Dmitrievna
student of the 3rd 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
MODERN FORMATIONS OF THE INSTITUTE OF CRIMINAL LIABILITY OF LEGAL ENTITIES IN RUSSIA
Today, the question of the need to introduce criminal liability for legal entities is due to a number of legal, socio-economic and political factors that are associated with an increase in the total number of crimes committed with the help and in the interests of legal entities. This fact increases the general criminal situation in Russia, and also negatively affects its investment attractiveness in the international arena, destabilizes the fundamental foundations of the economy, and favors the growth of corruption in the country.
Keywords: legal entities, criminal liability, administrative liability, experience, continental law.
References
1. Criminal Code of the Russian Federation: Feder. Law No. 63-FZ of June 13, 1996 (as amended on December 30, 2021). – Access from SPS “Consultant Plus”. – Text: electronic.
2. Federal Law on Administrative Offenses (as amended by the official publication of February 19, 1987 (BGBl. 1987 I S. 602), as amended and supplemented).
3. Convention on Combating Bribery of Foreign Officials in the Implementation of International Commercial Transactions // Collected Legislation of the Russian Federation. – April 23, 2012. – No. 17. – Art. 1899. [Electronic resource]. – Access mode: http://base.consultant.ru/ (date of access: 14.05.2016).
4. Kelina S. G. Responsibility of legal entities in the draft of the new Criminal Code of the Russian Federation. – M., 1994. – S. 51-52.
5. Kuznetsova N. F. New criminal law. A common part. – M., 1996. – S. 47.
6. Minin R. V. Criminal liability of legal entities in the legislation of France // Journal of civil and criminal law. – 2016. – No. 1 (5). – P. 41-47.
7. Bose M. Corporate Criminal Liability in Germany // Pieth M., Ivory R. (eds). Corporate Criminal Liability. Dordrecht, Springer, 2011. lusGentium: Comparative Perspectives on Law and Justice. – Vol. 9. – R. 227-254.
8. Lenin V. I. On “double” subordination and legality // Complete collection of works. 5th ed. – M.: Polit. lit., 1970. – T. 45. – 730 p.
9. Belousov S. A. Balance and imbalance in Russian legislation through the prism of the technique of its specialization and unification // Legal Technique. – 2016. – No. 10. – P. 336-340.
10. Bytko Yu. I. Does Russia need such a law (to the question of the draft law on criminal liability of legal entities) // Bulletin of the Saratov State Law Academy. – 2015. – No. 2 (103). – S. 182-193
CRIMINAL LAW
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
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
PUNISHMENT FOR CRIMES AGAINST THE PERSON UNDER THE CRIMINAL LEGISLATION OF KAZAKHSTAN, TAJIKISTAN, AND UZBEKISTAN
The article analyzes the systems of crimes against the person in the criminal legislation of the Republic of Kazakhstan, the Republic of Tajikistan and the Republic of Uzbekistan, analyzes systems and types of punishments, as well as types and types of sanctions for these crimes in the Criminal Codes of the above-mentioned states. The author’s calculations of the number of all types and types of sanctions, including the percentage ratio, provided by the articles of the sections on crimes against the person of the three criminal laws are given. As a result of a comparative analysis of the criminal legislation of Russia, Kazakhstan, Central Asian and Middle Eastern states the use of useful foreign experience and additions to Part 1 of Article 105, Article 128, 153 and 157 of the Criminal Code of the Russian Federation are proposed.
Keywords: crime, personality, retaliation, reprisal, punishment, sanction, Code, Kazakhstan, Tajikistan, Uzbekistan.
References
1. Boronbekov S. The main institutions of the Afghan criminal and penitentiary law; M-in. affairs Ros. Federation, Ryazan. higher school – Ryazan: Higher School of the Ministry of Internal Affairs of the Russian Federation, 1992. – 43, [1] p.
2. Zhizhilenko A. A. Essays on the general doctrine of punishment. – Petrograd, 1924. – 108, [2] p.
3. Kalmykov P. D. Textbook of criminal law, compiled according to the lectures of Professor P. D. Kalmykov A. Lyubavsky: Parts: general. and special – St. Petersburg: Type. t-va “Social benefit”, 1866. – 535 p.
4. Lepeshkina O. I. The death penalty as a criminal law institution: Dis. … cand. legal Sciences: 12.00.08: St. Petersburg State University. – St. Petersburg, 2003. – 188 p.
5. Mulyukov F. B. The idea of retribution in punishment under the criminal legislation of Muslim countries // Minbar: Collection of materials of the International scientific-practical conference “Islamic education in Russia and abroad” (September 27-30, 2009); TGGPU, 2009; Russian Islamic University, 2009; Federation of Universities of the Islamic World (FUIM) / Ed. ed. Rustam Batyr. – Kazan, Republic of Tatarstan: DUM Publishing House, 2009. – No. 2 (4). – P. 188-192.
6. Mulyukov F. B. Punishment for crimes against a person according to the Criminal Code of the Federal Republic of Germany // Bulletin of Economics, Law and Sociology. – 2019. – No. 2. – P. 66-69.
7. Noy I. S. The essence and functions of criminal punishment in the Soviet staterstve. – Saratov: Saratov Publishing House. un-ta, 1973. – 173 p.
8. Poniatovskaya T. G. Conceptual foundations of the system of concepts and institutions of criminal and criminal procedure law: Monograph. – Izhevsk: Udmurtsk Publishing House. un-ta, 1996. -231, [1] p.
9. Ramez A. E. Punishment under the criminal law of Arab countries: Abstract of the thesis. dis. … cand. legal Sciences: 12.00.08 / Ros. University of Friendship of Peoples (PFUR). – M., 2002. – 30 p.
10. Sundurov F. R. Punishment and alternative measures in criminal law. – Kazan: Kazansk. state un-t im. V. I. Ulyanov-Lenin, 2005. – 300 p.
11. Tagantsev N. S. Russian criminal law. Lectures. A common part. In 2 volumes. – T. 2. – M.: Nauka, 1994. – 393 p.
12. Criminal law of foreign states. General part / Golovanova N. A., Eremin V. N., Ignatova M. A., Kozochkin I. D., and others; Ed. and with a preface: Kozochkin I.D. – M .: Publishing House of the Institute of Intern. law and economics. A.S. Griboedova, 2001. – 576 pp.
13. Criminal law of foreign countries: general and special parts: textbook / [Golovanova N. A. and others]; ed. I. D. Kozochkina. – 3rd ed., revised. and additional – M.: Wolters Kluver, 2010. – 1034, [2] p.
14. Criminal law: Criminal law of foreign states. Development and implementation of programs to combat crime abroad. A common part. Special part: Course of lectures. Lecture 15 / Vorobyov I. A., Zhalinsky A. E., Ignatov A. N., Knyazev V. V., and others; Edited by: A. N. Ignatov, Yu. A. Krasikov, P. G. Ponomarev. – M.: Norma, Infra-M, 1997. – 176 p.
15. Criminal Code of the Republic of Belarus dated July 9, 1999 No. 275-Z / Nauch. ed. B.V. Volzhenkin. – St. Petersburg: Legal Center Press, 2001. – 474 p.; Vedamastsi of the National Assembly of the Republic of Belarus. – 1999. – No. 24. – Art. 420. – [Electronic resource]. – Access mode: http://www.base.spinform.ru/show_doc.fwx?rgn=1977 (accessed 05/12/2023).
16. The Criminal Code of the Republic of Kazakhstan (adopted by the Law of July 16, 1997 No. 167) / Ed. ed. R. M. Arslanov and A. I. Boytsov. – St. Petersburg: Legal Center Press, 2001. – S. 127-179. – 466 p.; Gazette of the Parliament of the Republic of Kazakhstan. – 1997. – No. 15-16. – Art. 211. – [Electronic resource]. – Access mode: http://www.pavlodar.com/zakon/?dok=00087 (accessed 05/12/2023); dated July 3, 2014 No. 226-V ZRK. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=31575252#pos=2375 (accessed 05/16/2023).
17. Criminal Code of the Republic of Tajikistan dated May 21, 1998 No. 575 / with preface. A. V. Fedorova. – St. Petersburg: Legal Center Press, 2001. – S. 124-185. – 410 p. – [Electronic resource]. – Access mode: http://www.wipo.int/wipolex/ru/text.jsp?file_id=237375; http://online.zakon.kz/document/?doc_id=30397325 (accessed 05/12/2023).
18. Criminal Code of the Republic of Uzbekistan dated September 22, 1994 No. 2012-XII / Ed. ed. R. M. Arslanov and A. I. Boytsov. – St. Petersburg: Legal Center Press, 2001. – 338 p.; Vedomosti of the Supreme Council of the Republic of Uzbekistan. – 1995. – No. 1. – Art. 3. – [Electronic resource]. – Access mode: http://lex.uz/pages/getpage.aspx?lact_id=111457; http://online.zakon.kz/Document/?doc_id=30421110 (Accessed 05/16/2023).
19. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection of Legislation of the Russian Federation. – 1996. – No. 25. – Art. 2954.
20. The Criminal Code of Japan of April 27, 1907 / Nauch. ed. A. I. Korobeev; per. from Japanese V. N. Eremina. – St. Petersburg: Legal Center Press, 2002. – 226 p. – [Electronic resource]. – Access mode: http://law.edu.ru/norm/norm.asp?normID=1241616&subID=100097517,100097519,100097542,100097704#text (accessed 04/29/2023).
CRIMINAL LAW
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice
DVORZHITSKAYA Marina Andreevna
Ph.D. in Law, senior lecturer in Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice
ISSUES OF APPLICATION OF ARTICLE 264.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article notes that the crime provided for by Art. 264.1 of the Criminal Code of the Russian Federation is now in first place in terms of the number of registered crimes among road traffic criminal encroachments. The authors investigate the application of Article 264.1. The difficulties that are in practice in connection with the criminal law and criminal procedure assessment of such acts have been identified. It was established that most of the criminal cases are returned to the prosecutor because of the lack of evidence of signs of the objective side of this act, the problems are of an evidentiary nature. The authors tell that it is this aspect that the law enforcement officer needs to pay special attention.
Keywords: violation of traffic rules, driving a vehicle,state of intoxication.
References
1. Trukhin S. A. Procedural problems of proof in criminal cases under article 264. 1 of the Criminal Code of the Russian Federation // Bulletin of the O. E. Kutafin University. – 2018. – No. 2 (42). – C. 211-220.
2. Novikova E. A., Cherkasova E. I., Aleksandrov E. A., Volchenko A. V. Features of the preliminary investigation of criminal cases on a crime under Art. 264. 1 of the Criminal Code of the Russian Federation “Violation of the rules of the road by a person subjected to administrative punishment” // Gaps in Russian legislation. – 2017. – No. 6. – P. 289-292.
CRIMINAL LAW
STAVILO Sergey Petrovich
Ph.D. in Law, associate professor, professor of Socio-economic and humanitarian disciplines 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 Rostov State University of Economics (RINE)
ABDULLAEVA Viktoriya Sergeevna
Ph.D. in economical sciences, associate professor of Criminal and penal law, criminology sub-faculty of the Rostov State University of Economics (RINE)
CRIMINALIZATION PARAMETERS, NATURE AND BASIS OF THE PUBLIC DANGER CRIME
The article analyzes the most pressing issues of criminal law devoted to the search for parameters of criminalization of socially dangerous acts, the analysis of the nature and grounds for determining the social danger of a crime. The authors propose to carry out the criminalization and decriminalization of acts on a logically justified, strictly scientific basis, without abusing this type of law-making activity to achieve other goals that are not determined by the goals of criminal law. The authors propose to introduce into scientific discourse a discussion of the need to adopt a “Code of Criminalization of Socially Dangerous Acts”, which would define not only the principles, mechanism, criteria of criminalization, but also other parameters in this ambiguous and complex criminal law activity.
Keywords: criminalization, public danger, corpus delicti, decriminalization.
References
1. On the practice of imposing criminal penalties by the courts of the Russian Federation. Decree of the Plenum of the Supreme Court of the Russian Federation No. 58 of December 22, 2015 (as amended by Resolutions of the Plenum of the Supreme Court of the Russian Federation of November 29, 2016 No. 56, of December 18, 2018 No. 43) // Bulletin of the Supreme Court of the Russian Federation. 2016. No. 2. February.
2. Full course of criminal law: In 5 volumes / Ed. Doctor of Law, Prof. A. I. Korobeeva. T. I: Crime and punishment. St. Petersburg: Legal Center Press, 2008. P. 168.
3. Solovyov A. N. The concept of crime: theoretical, legislative and law enforcement aspects: author. diss. … cand. legal Sciences. Volgograd, 2000. S. 20-22.
4. Pudovochkin Yu. E. Wrongfulness as a sign of a crime: experience of analysis, problems, prospects // All-Russian criminological journal. 2018. V. 12. No. 1. P. 70-81.
5. Tagantsev N. S. Russian criminal law: Lectures. Part General. M., 1994. T. 1. S. 58.
6. Kuznetsova N. F., Welzel L. Criminal law of Germany. M., 1984.; Trainin A. N. The general doctrine of the composition of the crime. M., 1957.
7. Criminal law of Russia. Part General. Rep. ed. L. L. Kruglikov. M.: BEK, 2000. S. 110-113.
8. Maritchak T. M. Mistakes in qualification of crimes. Kyiv, 2004. P. 41.
9. Course of criminal law. A common part. Volume 1: The doctrine of crime. Ed. N. F. Kuznetsova, I. M. Tyazhkova. M.: Zertsalo, 1999. S. 170.
10. Galiakbarov R. R., Shulga A. V., Sokol A. V. The history of the emergence and formation of the doctrine of the composition of the crime in foreign criminal law // Society and Law. 2019. No. 3 (69). pp. 37-44.
11. Ustinov V. S. Criminal law of Russia (General part). N.Novgorod, 1997. P. 38.
12. Martsev AI General questions of the doctrine of crime. Omsk: Omsk YuI Ministry of Internal Affairs of Russia, 2000. S. 44-46.
13. Orazdurdyev A. M. Classification of single elements of crimes depending on the number of elements and signs of composition in the law // Bulletin of the Volga University. V. N. Tatishcheva. 2018. Vol. 2. No. 4. P. 188-204.
14. Kurinov B. A. Scientific basis for the qualification of crimes. M., 1984. S. 71.
CRIMINAL LAW
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
SEPARATE ISSUES OF QUALIFICATION OF CONTINUED EXTORTION
The article analyzes the issues of qualification of systematic extortion. Objective and subjective signs of the corpus delictiprovided for in Article 163 of the Criminal Code of the Russian Federation, which together can serve as a basis for recognizing systematic extortion as a single complex ongoing crime, are considered. There are also options for the qualification of continued extortion, which are associated both with a change in the situation of committing such a crime and with the transformation of the perpetrator’s intent.
Keywords: crime, extortion, ongoing crime, set of crimes, completed crime.
References
1. Garbatovich D. A. Periodic (systematic) extortion as a continued crime // Criminal Law. – 2020. – No. 4. – P. 9-14.
2. Boytsov AI Crimes against property. – St. Petersburg, 2002. – 774 p.
3. Minsky V. S. Criminal liability for extortion. Some questions of qualification and proof // Law and Economics. – 1997. – No. 11-12. – P. 63-66.
4. Lyapunov Yu. Responsibility for extortion // Legitimacy. – 1997. – No. 4. – S. 4-10.
5. Tkachenko V. I. Extortion // Business and Law. – 996. – No. 6. – P. 40-45.
6. Arkhipov A. V. Single continued theft: qualification problems // Criminal law. – 2017. – No. 5. – P. 13-19.
7. Khomyakov E. V. Influence of specific intent on the qualification of crimes // Russian judge. – 2022. – No. 3. – P. 13-15.
8. Dolotov R. O. The moment of the end of the continued embezzlement with specific intent // Bulletin of the Voronezh State University. Series: Law. – 2018. – No. 3 (34). – S. 336-344.
9. Garbatovich D. A., Sumsky D. V. Delimitation of the totality of crimes from single complex crimes // Criminal Law. – 2015. – No. 1. – P. 28-34.
10. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated October 11, 2022 No. 77-4534/2022 // ConsultantPlus SPS.
CRIMINAL LAW
SHONDIROV Ruslan Khazrailovich
lecturer of Fire training sub-faculty of the North-Caucasian Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, police major
CYBERCRIME: GOALS, METHODS OF COMMISSION, QUALIFICATION PROBLEMS
Cybercrime is a criminal activity that is carried out in the digital space of the Internet. It has many components and is not limited to the use of a computer or malicious software. Crimes in the digital space showed themselves especially vividly during the quarantine caused by the coronavirus, when most of the population was forced to switch to remote operation. At the same time, criminals have found new ways to get money illegally. Cybercrimes that require the use of modern information technologies have acquired a special status. Law enforcement officials note that cybercrime does not lag behind the pace of technology development and is rapidly being introduced into all spheres of public life. At the moment, this problem is recognized as global and belongs to the international level. To commit such crimes, not the most complex skills are required, so criminals learn quickly, even without special education.
Keywords: cybercrime, method of committing a crime, criminal goals, qualification of a crime, phishing, hacking sites, cyber-sabotage, cyber espionage.
References
1. Daurov A. I. Factors influencing the state of combating cybercrime in the modern world // Gaps in Russian legislation. – 2021. – T. 14. – No. 4. – S. 155-158.
2. Dementieva A. A. Cybercrime in the modern economy // In the collection: Ensuring the economic security of Russia in modern conditions. Collection of scientific works of the All-Russian scientific conference. – Moscow, 2022. – P. 203-208
3. Zavgorodnyaya E. V. Cybercrime in the modern economy // In the collection: Derzhavin Readings. Collection of articles of the XIV International Scientific and Practical Conference. Rep. editor O. I. Aleksandrova. – 2019. – P. 275-277.
4. Kartskhiya A. A., Makarenko G. I. Legal aspects of modern cybersecurity and counteracting cybercrime // Issues of cybersecurity. – 2023. – No. 1 (53). – P. 58-74.
5. Teuvazhukov A. Kh. Some problems of detecting and preventing crimes committed in cyberspace // Journal of Applied Research. – 2023. – No. 4. – P. 152-155.
6. Shvyryaev P. S. Cybercrime in Russia: a new challenge for society and the state // Public Administration. Electronic Bulletin. – 2021. – No. 89. – S. 184-196.
CRIMINAL LAW
CHUBUKOV Bogdan Alexandrovich
student of the Institute of Business Process Management of the Siberian Federal University, Krasnoyarsk
SOME PROBLEMS OF MISUSE OF COMPULSORY MEDICAL INSURANCE FUNDS (ARTICLE 285.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article deals with the issues of criminal law protection of the use of funds of the compulsory medical insurance system. The expenditure goals for each structural unit in the MHI system are presented. The article considers the subject matter of the crime in the expenditure of MHI funds. The author suggests changing the disposition of the analyzed norm of the criminal law in order to expand the subject matter of the crime.
Keywords: state extra-budgetary funds, misuse of funds, compulsory medical insurance.
References
1. Uporov I. V., Efrikyan R. A., Bushkov D. V., Kumykov A. A. Criminal liability for misappropriation of budget funds and problems of its legislative regulation. – Moscow: ANO “Research Institute of History, Economics and Law”, 2016. – 144 p.
2. Bimbinov A. A., Bozhenok S. A., Gracheva O. V. [et al.]. Criminal law of the Russian Federation. Special part: textbook. – Moscow: Prospect, 2020. – 688 p.
3. Solovyov O. G., Avdeev O. Yu. Characteristics of special features of the subject of misappropriation of state extra-budgetary funds (Article 285 2 of the Criminal Code of the Russian Federation) // Legal Science. – 2013. – No. 1. – P. 71-74.
4. Akhokhova A. V., Tkhabisimova I. K., Tidokova M. Z. [et al.] Legal basis for the use of budgetary funds for their intended purpose from the position of a private medical organization operating under a compulsory medical insurance contract // Modern problems of healthcare and medical statistics . – 2023. – No. 1. – P. 404-417.
CRIMINAL LAW
KHARISOV Artur Saitgareevich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TROFIMOV Vladimir Anatoljevich
lecturer of the Cynology Cycle of the Ufa School for the Training of Cynologists of the MIA of Russia, captain of police
INTRODUCING CRIMINAL RESPONSIBILITY FOR THE DESTRUCTION AND FOR THE ILLEGAL TRAFFICKING OF ESPECIALLY VALUABLE PLANTS AND MUSHROOMS INCLUDED IN THE RED BOOK OF THE RUSSIAN FEDERATION
The article analyzes the necessity and urgency of criminalizing the destruction and illegal trafficking of especially valuable plants and mushrooms listed in the Red Book of the Russian Federation. In order to form objective conclusions, the authors study the statistics of the application of the articles closest in composition to the Art. 258.1, 259, 260 of the Criminal Code of the Russian Federation, as well as cases of mass destruction of flora objects on the territory of Russia. As a result of the study, some structural changes are proposed to the Criminal Code of the Russian Federation.
Keywords: criminal liability; Red Book of the Russian Federation; environmental safety; national security; criminalization; flora; fauna.
References
1. Muldashev A. A., Galeeva A. Kh., Maslova N. V., Mirkin B. M. The Red Data Book of the Republic of Bashkortostan: the experience of forming a list of rare plant species // Bulletin of the Academy of Sciences of the Republic of Bashkortostan. – 2008. – T. 13. No. 3. – P. 8
2. Tonkov E. E., Turanin V. Yu. Ecological safety: concept, problems and prospects of legal support // Nomothetika: Philosophy. Sociology. Right. – 2015. – T. 31. No. 2 (199). – P. 122-125.
3. Yamshchikova N. V. The importance of environmental safety in the system of national security of the Russian Federation // National Priorities of Russia. – 2018. – No. 2 (29). – P. 67-70.
CRIMINAL LAW
YAMSHCHIKOVA Irina Sergeevna
adjunct of the Faculty of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
LIABILITY FOR CADASTRAL OFFENCES UNDER CIS LEGISLATION
Relatively recently, a norm appeared in Russian criminal law which provides for liability for knowingly entering false information into cadastral documents. This norm currently has a number of problematic aspects which hinder its active application in practice. In this regard, it is necessary to refer to the criminal legislation of the CIS countries and determine the approach of these states to the crimes in the sphere of cadastral relations. In the article the comparative legal analysis of the criminal legislation of the Commonwealth of Independent States countries in the field of protection of the state cadastral registration of immovable property and cadastral activity is carried out. The issues of qualification of crimes in the cadastral sphere are studied, as well as positive aspects of law enforcement practice in the countries under consideration are identified.
Keywords: cadastral activity, state cadastral registration, forgery, registration of illegal transactions, cadastral engineer.
References
1. Revin V.P., Revina V.V. Criminal liability for illegal transactions with land (the experience of regulation in the countries of the CIS and the European Union) // International cooperation of Eurasian states: politics, economics, law. – 2016. – No. 3. – P. 152.
2. Palaces V. E. Crimes in the field of cadastral activity under the criminal legislation of the CIS countries // Eurasian Law Journal. – 2016. – No. 7 (98). – P. 352.
3. Bartsits T. Z. On the issue of legislative regulation of land accounting in the Republic of Abkhazia // Agrarian and land law. – 2021. – No. 3 (195). – S. 152.
CRIMINAL LAW
BRUNKOVSKIY Nikita Nikolayevich
graduate of the Master’s degree program of the M. V. Lomonosov Moscow State University
THE PERIOD OF LIMITATION FOR CRIMINAL LIABILITY IN THE CASE OF DETENTION ON THE TERRITORY OF A FOREIGN STATE
This article is devoted the consideration of the issue of the possibility of renewal of statute of limitations period in relation to the person who has been announced in international search, at his detention in territory of the foreign state for the purpose of consideration of an extradition question. For this purpose, the author analyzes the jurisprudence of the Russian Federation, as well as of the European Court of Human Rights. The article concludes that upon a literal interpretation of p. 3 art. 78 of the Criminal Code of the Russian Federation, it is possible to resume the statute of limitations period if the person is apprehended on the territory of a foreign state.
Keywords: detention, international search, extradition, statute of limitations, custody, exemption from criminal liability.
References
1. Commentary on the Criminal Code of the Russian Federation (item-by-article) (9th edition, revised and supplemented) (edited by G. A. Yesakov) (“Prospect”, 2021) // SPS “Consultant Plus”.
2. Criminal law of Russia. General and Special Parts: Textbook” (responsible ed. Yu. V. Grachev, A. I. Chuchaev) (“CONTRACT”, 2017) // SPS “ConsultantPlus”.
CRIMINAL LAW
ASADULLAYEV Ulvi Famil ogly
doctoral student of the degree in “Criminal Law and Criminology, Penitentiary Law” of Criminal law and criminology sub-faculty of the Baku State University, Azerbaijan
CHARACTERISTICS OF THE SPECIAL SUBJECT OF THE CRIME “NON-EXECUTION OF JUDICIAL ACTS”
In this article, a special subject of this crime is singled out from the circle of subjects specified in Article 306 of the Criminal Code of the Republic of Azerbaijan, its signs: gender, age, marital status, social status, etc. are given. The damage caused to public relations as a result of the commission of this crime by a specific subject was brought to the fore. Regarding whether the subject of this crime is a general or a special subject, the opinions of various authors were given, their positions were analyzed.
Keywords: court verdict, court decision, ruling, court order, Criminal Code, punishment, etc.
References
1. The Constitution of the Republic of Azerbaijan.
2. Criminal Code of the Republic of Azerbaijan.
3. Law of the Republic of Azerbaijan “On the status of municipalities”.
4. Law of the Republic of Azerbaijan “On public service”.
5. Law of the Republic of Azerbaijan “On Enforcement Proceedings”.
6. Agaev I. B. Criminal structure: Textbook. Baku: Education, 2005. P. 496.
7. Babaeva S. M. Criminal law: general part: textbook. Baku: Science and education, 2018. P. 550.
8. Samandarov F. Yu. General part of criminal law. Textbook. Baku: Legal Literature, 2002, p. 734.
9. Bozhedarov V., Mikhlin A. Is article 188 of the Criminal Code of the RSFSR effective // Socialist legality. 1989. No. 5. P. 53-55.
10. Druzin A. I. Obstruction of the execution of a judicial act: monograph. Ulyanovsk: Ulyanovsk Press House, 2001. 184 p.
11. Pavlov VG The subject of the crime: monograph. St. Petersburg: Legal Center Press, 2001. 318 p.
12. Lobanova JI. B. Crimes against justice: theoretical problems of classification and legislative regulation. Volgograd: 1999. 268 p.
13. Lazarev A. M. The subject of the crime. M.: “BEK”, 1981. 268 p.
14. Timeiko GV The general doctrine of the objective side of the crime. Rostov: Publishing House of Rostov University, 1977. 216 p.
CRIMINAL LAW
NIKOLAENKO Natalya Sergeevna
student of the 3rd course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
DERENDYAEVA Sofya Dmitrievna
student of the 3rd 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
CATEGORIES OF CRIMES: CONCEPT, TYPES, MEANING
Throughout the development of society, there has always been such a social phenomenon as a crime. Crime is understood as a negative variant of deviant behavior of a person that violates the rules established by society. But not every violation of the rules can be called a crime, due to the significance of its adverse consequences. It is logical that all crimes have a different degree and nature of the public danger of the act. For this reason, the Criminal Code of the Russian Federation distinguishes categories of crime, which are divided into crimes of minor gravity, medium gravity, crime graves and crimes of special gravity.
Keywords: categories of crimes, crime, deviant behavior, public danger, especially grave crime, crime of average gravity.
References
1. Avakyan M. V. Features of the forensic characteristics of crimes associated with the intentional infliction of grievous bodily harm // Theory and practice of social development. – 2017. – No. 4. – P. 106-110.
2. Marshakova N. N. Classification in Russian criminal law (theoretical and applied analysis). – Nizhny Novgorod: Publishing House of the Institute of the FSB of Russia, 2009. – 208 p.
3. Komissarova V. S., Krylova N. E., Tyazhkova I. M. Criminal law of the Russian Federation. General part: textbook. – 2nd ed. – Moscow: Statute, 2014. – 880 p.
CRIMINAL LAW
STOLBIN Nikita Sergeevich
bachelor student of the Far Eastern Federal University
INTRODUCING CRIMINAL RESPONSIBILITY OF ATHLETES FOR THE USE OF PROHIBITED SUBSTANCES
Over the past few years, the world community, in particular the countries of the European Union and the United States, have introduced a culture of canceling Russian sports, which indicates the dependence of sports on politics. This also applies to doping scandals that have occurred with Russian athletes. In this case, the question arises: whose fault is it in the athletes committing anti-doping rules? Do athletes understand their responsibility for doping? Is it necessary to tighten sanctions against their own athletes? What are the prospects for the sports industry in Russia in the event of the introduction of criminal liability for athletes?
Keywords: sports, athletes, criminal liability, doping, anti-doping rules.
References
1. WADA World Anti-Doping Code of 2003 (as amended on 01/01/2021). – [Electronic resource]. – Access mode: https://www.wada-ama.org/sites/default/files/resources/files/2021_vsemirnyy_antidopingovyy_kodeks.pdf (accessed 23.06.2023).
2. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on June 24, 2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34661/0a95fbc5e4b475c527bf557d6a592c9d42249cd2/ (date of access: 06/23/2023).
3. “Criminal Code of the Russian Federation” No. 63-FZ dated June 13, 1996 (as amended on June 13, 2023) (as amended and supplemented, effective from June 24, 2023). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 06/24/2023).
4. Order of the Ministry of Sports of the Russian Federation “On approval of the list of other specialists in the field of physical culture and sports in the Russian Federation and the list of specialists in the field of physical culture and sports included in the sports teams of the Russian Federation” dated 10.19.2022 No. 838. – [Electronic resource ]. – Access mode: https://docs.cntd.ru/document/352252386?marker=6580IP (date of access: 06/27/2023).
5. Information taken from the resource: www.matchtv.ru: – [Electronic resource]. – Access mode: https://matchtv.ru/doping/matchtvnews_NI1217254_30_let_za_smert_sportsmena_dla_chetyreh_italjancev_Istorija_kotoraja_uzhasajet (date of access: 06/28/2023).
6. Khinevich K. I. Social consequences of the use by athletes of substances prohibited for use in sports // Internet journal Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialnye-posledstviya-upotrebleniya-sportsmenami-substantsiy-zapreschyonnyh-dlya-ispolzovaniya-v-sporte (date of access: 07/01/2023).
7. Mata SV Problems of qualification of crimes under Art. 230.1 and 230.2 of the Criminal Code of the Russian Federation // Internet Journal of Humanitarian, Socio-Economic and Societyscientific sciences. – 2020. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kvalifikatsii-prestupleniy-predusmotrennyh-st-230-1-i-230-2-uk-rf (date of access: 07/02/2023).
8. Resolution of the Sixth Court of Cassation of General Jurisdiction dated August 31, 2020 No. 16-5623/2020; Resolution of the Eighth Court of Cassation of General Jurisdiction dated August 27, 2020 No. 16-4911/2020.
9. Information taken from the resource: www.rusada.ru. – [Electronic resource]. – Access mode: https://rusada.ru/education/online-training/ (date of access: 07/03/2023).
10. Information taken from the resource: www.rusathletics.info. – [Electronic resource]. – Access mode: https://rusathletics.info/disk (date of access: 07/04/2023).
11. Zhmurin DV Peculiarities of prosecution of special subjects of crimes provided for by Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation // Internet Journal of UP. – 2020. – No. 3. https://cyberleninka.ru/article/n/osobennosti-privlecheniya-k-otvetstvennosti-spetsialnyh-subektov-prestupleniy-predusmotrennyh-statyami-230-1-i-230-2-uk-rf (date of access: 04.07.2023).
12. Krylova E. S. Issues of delimitation of criminal and administrative liability for violation of anti-doping rules // Internet journal Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (35). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-razgranicheniya-ugolovnoy-i-administrativnoy-otvetstvennosti-za-narushenie-antidopingovyh-pravil (date of access: 07/04/2023).
CRIMINAL PROCEDURE
KLINCHUK Svetlana Vasiljevna
Lecturer of Criminal process and forensic science sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
NIKOLAEVA Anastasia Pavlovna
cadet of the Crimean branch of the Krasnodar University of the MIA of Russia, junior lieutenant of police
PROCEDURAL PROCEDURE FOR ELIMINATING THE CAUSES AND CONDITIONS CONTRIBUTING TO THE COMMISSION OF MASS RIOTS
There is a special provision of the criminal law, according to which criminals are brought to criminal responsibility, namely Article 159.2 of the Criminal Code of the Russian Federation “Fraud in receiving payments”. The complexity of the investigation of such crimes lies in the fact that the person who carries out the preliminary investigation needs to be guided in the work of banks, credit organizations, to know the legislative framework, according to which various social benefits are accrued.< /p> Keywords: crime prevention, crime prevention, elimination of causes and conditions, public safety, mass riots, preventive work of the investigator, criminogenic causes.
References
1. Vedyashkin S. V. Formation and reform of the prevention of administrative offenses in Russia // Bulletin of the O. E. Kutafin University. – 2018. – No. 1. – P. 85-93.
2. Kabanov N. A. On the issue of improving the prevention and prevention of mass riots // Uchenye zapiski V. I. Vernadsky Crimean Federal University. Legal Sciences. – 2019. – No. 2. – P. 67-73.
3. Khabibullin L. R. Prevention of riots // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2. – P. 240-243.
4. Chechenov A. M. Some issues of prevention of mass riots, clashes on interethnic or religious grounds // Theory and practice of social development. – 2016. – No. 5. – S. 209-211.
CRIMINAL PROCEDURE
RUBEKO Georgiy Leonidovich
Ph.D. in Law, Head of Criminal law and process sub-faculty of the Kalmyk State University
KATALAEVA Regina Olegovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
KORNILOV Mikhail Viktorovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
THE POWERS OF A LAWYER IN THE RUSSIAN CRIMINAL PROCESS: CURRENT STATE AND PROSPECTS OF DEVELOPMENT
The article deals with certain issues of the legal status of the defender in criminal proceedings. In particular, the background aspects of the lawyer’s participation as a defender in criminal proceedings are revealed. In addition, separate powers of a lawyer in criminal proceedings are being investigated. It is shown that the defense side has much less opportunities in presenting the evidence base in the materials of the criminal case. The relationship between such circumstances and the implementation of the principles of criminal procedure is shown. The article proposes to consider the possibility of expanding the powers of the defender in criminal proceedings. One of the possible ways to expand the powers of the defender is to give him the opportunity to conduct a so-called lawyer investigation.
Keywords: criminal proceedings, defense counsel, lawyer, lawyer investigation.
References
1. Davletov A. A. Lawyer investigation: myth or reality? // Judiciary and criminal process. – 2020. – № 1.
2. Dyablov A. V. Implementation of the principle of ensuring the right to protection in the powers of the defender to collect evidence // Izvestiya TulGU. Economic and legal sciences. – 2012. – №1-2.
3. Kalyuzhny A. N. Lawyer’s investigation in the criminal process: problems of legal structure and implementation practice // Advocate practice. – 2017. – № 1.
4. Konin VV Some problematic issues of competitiveness and equality in the criminal process // Gaps in Russian legislation. – 2008. – № 1.
5. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – № 4.
6. Melnikov V.Yu. Is it necessary to return to the issue of legal investigation? // Advocate practice. – 2015. – № 4.
7. Methodological tools for assessing threats to the economic security of a multi-ethnic region: monograph / Ed. prof. N. L. Kurepina. – Elista: Kalm Publishing House. university, 2020.
8. Pastukhov P.S. On equalizing the rights of the parties in collecting evidence in a criminal case // Legal Science and Law Enforcement Practice. – 2015. – No. 3 (33).
9. Rubeko G. L. The fight against corruption in Russia: historical aspects // Actual issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” in the Republic of Kalmykia, Department of the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
10. Rubeko G. L. Anti-corruption. – Elista: KalmGU Publishing House, 2017.
11. Solovyov A. A. Typology of the criminal process of the Russian Federation and its significance for the formation of a system of principles // Bulletin of the Tambov State University. – 2012. – № 1.
12. Shadrin V. S. Ensuring the rights of the individual in the investigation of crimes. – M.: Yurlitinform, 2000.
CRIMINAL PROCEDURE
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
GORKINA Elena Vladimirovna
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the St. Petersburg University of the MIA of Russia
INSTRUMENTAL LIE DETECTION AS A WAY OF ESTABLISHING THE TRUTH IN CRIMINAL PROCEEDINGS
The article discusses the issues of the emergence and application of a device that contributes, with a high probability, to the establishment of the truth. The Criminal Procedure Code of Russia provides a significant arsenal of procedural actions that help the investigator, the inquirer to achieve the truth and reliability of evidence during the investigation, which is a key party in the criminal proceedings. Currently, there is a significant problem of establishing the truth in a person’s words. This also applies to determining the admissibility and significance of evidence. The criminal procedure legislation does not stand still and requires development, which, among other things, consists in increasing the probability of an accurate answer to the questions of the preliminary investigation, during the investigative actions.
Keywords: lie detection, polygraph, lie, truth-finding, psychophysiological research.
References
1. Kholodny Yu. I. A brief history of the formation of the psychophysiological instrumental method of lie detection // World of Security. – 2000. – No. 3. – P. 67-70.
2. Vasyukov VF On the question of the evidentiary value of the conclusion of a psychophysiological examination using a polygraph in criminal proceedings // Bulletin of the Omsk University. Series “Right”. – 2015. – S. 179-183.
CRIMINAL PROCEDURE
TAZHUDINOV Ismail Yusupovich
magister student of the Dagestan State University
PROCEEDINGS IN THE COURT OF APPEALS
In the court of appeal in the Russian Federation, the proceedings are a procedure for reviewing the decisions of the court of first instance. This summary discusses the main steps in the process, including filingan appeal, preparing documentation, reviewing the appeal, and making a decision. The verification of compliance with procedural norms, the correctness of the application of law and the validity of the decision of the court of first instance is considered.
Keywords: court, appellate instance, Russian Federation, proceedings, appeal, consideration of the case, decision, verification, procedural rules, correct application of law, validity of the decision.
References
1. Kolokolov N. A., Sklyarenko M. V., Yartsev R. V. Judicial activity. Appeal, cassation, supervision: analysis of examples from the latest judicial practice: monograph / Ed. on the n. A. Kolokolova. M.: Yurlitinform, 2021. 342 p.
2. Korshunov Yu. A. The Institute of Courts of Appeal in Russia and Foreign Experience of the Courts of Appeal // Issues of Russian and International Law. 2019. Volume 9. No. 2A. pp. 244-254.
3. Kuramshin A. V., Tarasov A. A. Appointment and preparation of the session of the court of appeal // Economy and society. 2019. No. 1-2 (56). pp. 351-356
4. Linichenko V. I. To the question of the history of the development of the appeal proceedings // Young scientist. 2021. No. 21 (363). pp. 224-227.
5. Potapov A. A. Proceedings in the court of appeal at the present stage. – Text: direct // Young scientist. 2021. No. 50 (392). pp. 313-316.
6. Revenskaya N. S. Lawfulness and justice of the sentence of the court of first instance // Bulletin of the Magistracy. 2019. No. 9-1. pp. 99-100.
7. Rukavishnikova A. A. Possible prospects for the development of a system of appeals and verification of court decisions in the criminal process in the implementation of the draft federal constitutional law “on amendments to federal constitutional laws in connection with the creation of cassation courts of general jurisdiction and appellate courts of general jurisdiction” // Criminal justice. 2018 No. 11.Pp. 103-107.
CRIMINAL PROCEDURE
BURZAEV Sanan Alexandrovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
KUKAEV Sergey Khongorovich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
KUGULTINOV Naran Badmaevich
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
THE STAGE OF INITIATION OF A CRIMINAL CASE: CERTAIN ASPECTS OF LEGAL REGULATION
The article examines certain issues of legal regulation of the stage of initiation of a criminal case. The features of the appearance of this stage are shown. The activities that are carried out within the framework of the criminal case initiation stage are being investigated. The problems associated with their implementation have been identified. Their differences from operational search measures are indicated. The issues of interaction of investigative bodies with persons engaged in operational investigative activities have been identified. The prospects of legal regulation of this stage are shown.
Keywords: pre-trial stages of criminal proceedings, investigator, criminal case, initiation of criminal proceedings.
References
1. Gushchin A. N. Use of the results of operational-search activity at the stage of initiating a criminal case and in proving in criminal cases // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – № 4.
2. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – № 4.
3. Lazareva T.V. Stage of initiation of a criminal case: comparative analysis // Bulletin of the Magistracy. – 2018. – № 8.
4. Methodological tools for assessing threats to the economic security of a multi-ethnic region: monograph / Ed. prof. N. L. Kurepina. – Elista: Kalm Publishing House. university, 2020.
5. Rossinsky S. B. The system of pre-trial proceedings in the criminal process of the Russian Federation: formation factors // Bulletin of St. Petersburg State University. Episode 14 – 2021. – № 3.
6. Rubeko G. L. Fighting corruption in Russia: historical aspects // Topical issues of security of the Russian Federation: materials of the regional scientific and practical conference. Regional branch of the All-Russian public organization “Association of Lawyers of Russia” in the Republic of Kalmykia, Department of Ministriesand the justice of Russia in the Republic of Kalmykia. – Elista, 2017.
7. Rubeko G. L. Investment activity in the Republic of Kalmykia: problems of legal regulation // Bulletin of the Kalmyk University. – 2013. – No. 4 (20).
8. Rubeko G. L. Anti-corruption. – Elista: KalmGU Publishing House, 2017.
9. Tatarov L. A. On the stages of the criminal process in the Russian Federation // Law and Law. – 2019. – No. 11. – P. 105.
CRIMINAL PROCEDURE
GILDZIROVA Altana Gennadievna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
MUKAEVA Delgira Naranovna
magister student of the 2nd course of the direction 40.04.01 “Jurisprudence” of the master’s program “Criminal Procedure, Judicial branch, Prosecutor’s Office, Advocateship” of the Kalmyk State University
TERMINATION OF THE CRIMINAL CASE AT THE STAGE OF INQUIRY
This article is dedicated to the procedure for the termination of criminal prosecution at the stage of inquiry. The publication conducts a study of the criminal procedural rules governing these relations. In particular, the history of the termination of the criminal case is considered. The relations arising at the termination of a criminal case at various stages are analyzed. The classification of grounds for termination of a criminal case is given. It shows which authorities have the right to terminate a criminal case. Based on the points of view of other jurists, the author makes suggestions for improving these norms.
Keywords: criminal prosecution, termination, pre-trial stages, inquiry, suspect, accused, resolution.
References
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of April 26, 2007 No. 14 // Bulletin of the Supreme Court of the Russian Federation. – 2007. – No. 7; Review of judicial practice of termination of criminal cases by military courts in connection with reconciliation with the victim and active repentance of June 1, 2005, etc.
2. Derishev Yu. V., Naumov K. A. Refusal of an allergy of an unidentified person due to the expiration of the statute of limitations // Altai Legal Bulletin. – 2017. – No. 4 (20). – P. 112-115.
3. Kurepina N. L., Rubeko G. L. Legal forms of combating corruption at various stages of the development of the Russian state: a historical analysis // Scientific Thought of the Caucasus. – 2020. – № 4.
4. Kuryakhov D. V., Kuryakhova T. V. Problematic issues about the refusal of the exception to determine the statute of limitations // Legislation and practice. – 2016. – № 2. – P. 53-56.
5. Lobanova S. I. To the question of the meaning and essence of the termination of a criminal case and criminal prosecution in Russian criminal proceedings // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (73). – P. 88.
6. Maryina E. V. Lack of objection as a condition for refusal to initiate a criminal case due to the expiration of the statute of limitations // Criminal Justice. 2022. – No. 20. – P. 20.
7. Methodological tools for assessing threats to the economic security of a multi-ethnic region / Ed. prof. N. L. Kurepina. – Elista: Kalm Publishing House. university, 2020.
CRIMINAL-EXECUTIVE 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 SOME RESULTS OF AN EXPERT SURVEY OF PRACTICAL WORKERS IN CORRECTIONAL INSTITUTIONS ON THE EVALUATION OF THE EFFECTIVENESS OF THE INSTITUTION OF PAROLE
This article is one of a series of articles that presents the results of an expert survey of employees of correctional institutions of the penitentiary system of the Russian Federation, conducted in 2016-2017 as part of the research work on improving the efficiency of the institution of password. The study allowed the team of authors to formulate evidence-based proposals for criminal and penitentiary legislation aimed at improving the institute of parole from punishment.
Keywords: conditional early release from punishment, expert survey of employees of correctional institutions of the penitentiary system, analysis of statistical data, Federal Penitentiary Service of Russia.
References
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: 06/30/2023).
2.Statistical reporting of the Federal Penitentiary Service of Russia “Information on the number, movement and composition of persons held in places of deprivation of liberty” for 2020-2022 [Electronic resource] ‒ Access from the automated information system “Statistics of the penal system” (date of access: 28.06.2023).
3. Zhilyaev R. M., Pervozvansky V. B., Strogovich Yu. N. Improving the institution of parole of convicts sentenced to imprisonment. Analytical reference. – M.: FKU NII FSIN of Russia, 2017. – 22 p.
CRIMINAL-EXECUTIVE LAW
KUZNETSOV Mikhail Ivanovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Legal psychology and pedagogy sub-faculty of the Academy of the FPS of Russia
GRYAZNOV Sergey Alexandrovich
Ph.D. in pedagogical sciences, associate Professor, Dean of the Faculty of Extra-budgetary Training of the Samara Law Institute of the FPS of Russia
OPEN CHARACTERIZATION IN THE CERTIFICATION OF CONVICTS: THE EXPERIENCE OF CORRECTIONAL LABOR INSTITUTIONS OF THE ROSTOV REGION
The article describes the experience of organizing the certification of convicts using an open, that is, available for comparison characteristics. The analyzed practice was successfully applied in correctional labor institutions of the Rostov region in the second half of the 80s of the last century. The proposals on the possibility of applying the considered experience to the modern practice of the penitentiary institutions of our state are formulated.
Keywords: certification of convicts, open characteristics, correctional labor institutions.
References
1. The concept of development of the penitentiary system of the Russian Federation for the period up to 2030: approved. thrust. Government of Ros. Federation dated April 29, 2021 No. 1138-r. [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
2. Methodological recommendations for the effective organization of educational work with convicts in correctional institutions of the territorial bodies of the Federal Penitentiary Service of Russia: letter of the Federal Penitentiary Service of Russia No. 02-11843 dated February 28, 2017. The document has not been published.
3. Metlin D. G. The problem of legal regulation of attestation of convicts as an element of the correctional process of execution of deprivation of liberty // Professional legal education and science. – 2023. – No. 1 (9). – S. 70-73.
4. Aleinikov V. Reaching everyone, working with everyone // Education and the rule of law. – 1987. – № 1. – S. 32-35.
5. Educational work with convicts: a textbook. Under scientific ed. T. V. Kirillova. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2021.
6. Pedagogy and political and educational work with convicts: a textbook. Under scientific ed. Yu. V. Gerbeeva. – Ryazan: Ryazan Higher School of the Ministry of Internal Affairs of the USSR, 1985.
7. Metlin D. G. Amateur organizations of convicts in correctional institutions of the penitentiary system: historical and organizational analysis // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (84). – P. 163-171.
CRIMINAL-EXECUTIVE LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervision for observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
GORSHKOVA Natalya Andreevna
Ph.D. in Law, Deputy Head of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia, lieutenant colonel of internal service
CAUSES AND CONDITIONS OF OCCURRENCE AND MANIFESTATION OF SOCIAL DEVIATIONS IN PERSONS SENTENCED TO IMPRISONMENT
The article is devoted to a comprehensive analysis of cultural and moral, socio-psychological, organizational and managerial, socio-economic and legal causes of the emergence and manifestation of social deviations in persons sentenced to imprisonment. In addition, the internal and external conditions that most create a potentially criminogenic environment for the deviant behavior of convicts are being investigated.
Keywords: social deviations; criminality; persons sentenced to imprisonment; determinants; causes and conditions.
Reference list
1. Barnyshevsky O. S. Causes and conditions for committing crimes in places of deprivation of liberty // Future of Science – 2019: collection of scientific articles of the 7th International Youth Scientific Conference, Kursk, April 25–26, 2019. – Kursk: Southwestern State University, 2019. – P. 32-35.
2. Criminology (Special part): a textbook forBachelor’s and Specialist / Under the general. ed. A. E. Mikhailova, A. V. Kudryavtseva. – Vladimir: Vladimir branch of the RANEPA, 2021. – 237 p.
3. Criminology: a textbook for bachelor’s and specialist’s degrees / Ed. ed. A. V. Kudryavtseva and A. E. Mikhailov. – Vladimir: Vladimir branch of the RANEPA, 2020. – 220 p.
4. Loseva S. N. The main determinants of crime in places of deprivation of liberty // Journal of Law. – 2018. – No. 10. – P. 64-67.
5. Mayorova S. E. The causes of crime in correctional institutions at the present stage // Law, economics and management: from theory to practice: Collection of materials of the All-Russian scientific and practical conference with international participation, Cheboksary, May 21, 2020 / Ch. editor G. N. Petrov. – Cheboksary: Limited Liability Company “Publishing House “Sreda”, 2020. – P. 177-179.
6. Maystrenko G. A. Causes and conditions of recidivism / G. A. Maistrenko // Russian investigator. – 2018. – No. 9. – P. 61–64.
7. Neverov V. I., Toporov S. S. Proposals for improving the social security of an employee of the penal system // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia. Volume Issue 9. Part 2. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2021. – P. 160–163.
8. Nuzhdin A. A. Crime of convicts in places of deprivation of liberty: theoretical aspect // Law and law. – 2020. – No. 1. – P. 91-94.
9. Orlova Yu. R. The main causes and conditions that contribute to the commission of crimes by minors in educational colonies // Penitentiary system: law, economics, management. – 2015. – No. 3. – P. 26-30.
10. Rastoropov S. V., Ponkratov V. A., Pikin I. V., Gorshkova N. A. Penitentiary criminology: textbook / Ed. Dr. legal sciences, prof. S. V. Rastoropova. – Moscow: INFRA-M, 2023. – 193 p.
11. The state and trends of crime in the Russian Federation: Criminological and criminal law reference book / Ed. ed. A. Ya. Sukhareva, S. I. Girko. – Moscow: Exam, 2007. – 383 p.
12. Sochivko V. D. Broken world. Experience in the analysis of human psychodynamics in extreme conditions of life. – Moscow: Per Se. 2002. – 303 p.
13. Tarakanov I. A. Banned in Russia, the international public movement “Prisoner Criminal Unity”: new or well-forgotten old? // Penitentiary law: legal theory and law enforcement practice. – 2022. – No. 4 (34). – S. 92-98.
14. Filippova O. V. Determinants of crime in places of deprivation of liberty // Social and humanitarian sciences. Jurisprudence: Proceedings of the National Scientific and Practical Conference, Ulan-Ude, April 13-17, 2020. – Ulan-Ude: East Siberian State University of Technology and Management, 2020. – P. 33-39.
15. Shipuk S. N. Causes and conditions of crime in places of deprivation of liberty and ways to eliminate them // Tambov legal readings named after F. N. Plevako: materials of the International Scientific Conference, Tambov, May 18–21, 2017. – Tambov: Print Service Limited Liability Company, 2017. – P. 318-324.
CRIMINAL-EXECUTIVE LAW
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Management and information technology support of the activities of the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
DEVELOPMENT OF THE PROJECT MANAGEMENT MECHANISM IN THE PENITENTIARY SYSTEM
The article analyzes the concepts of “project management” and “project management”, which have similar characteristics in terms of a predictable result of the performance of activities, however, the concept of “project management”, in addition to tools, contains consistent strategic planning in solving problematic tasks, highlighting deeper goals and focusing on the use of leading technologies.
The formation of the concept of “project management” in state bodies, which include the penal enforcement system, includes the implementation of projects through the implementation of activities in the process of implementing state targeted programs that reflect the stages of development, financing, implementation and completion of the project.
A single condition in the project management of the implementation of solutions to the problems of both public and private and public organizations is the limited resources and time of the project.
Keywords: project management, project management, state bodies, correctional institutions, penitentiary, system, target program, state projects.
References
1. Gray K. F., Larson E. W. Project Management: A Practical Guide // Translated from English. – M.: Publishing house “Delo i Service”, 2003. – 528 p.
2. Diethelm G. Project management. – St. Petersburg: PublishingHouse “Business Press”, 2004. – 400 p.
3. Kravets E. O., Vertil N. N. Definition of the concepts of “project management” and “project management” // Bulletin of the Institute of Economic Research. – 2021. – No. 3 (23). – S. 105-110. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/definitsiya-ponyatiy-upravlenie-proektami-i-proektnoe-upravlenie (date of access: 06/05/2023).
4. Leonov A. V. Organization of project management in public authorities // Young scientist. – 2022. – No. 14 (409). – S. 101-104. [Electronic resource]. – Access mode: https://moluch.ru/archive/409/90028/ (date of access: 06/05/2023).
5. Mazur I. I., Shapiro V. D., Olderogge N. G. Project management. – M.: Omega-L, 2007. – 664 p.
6. Tovb A. S., Tsipes G. L. Project management: standards, methods, experience. – M.: CJSC “Olimp-Business”, 2003. – 240 p.
7. Project management to create an Internet site [Text] / Ed. A. Kovalev; scientific ed. I. Kurdyumov. – Moscow: Albina publisher, 2001. – 337 p.
8. Utkin V. A., Kiselev M. V., Savushkin S. M. “Hybrid” and “Multi-mode” penitentiary institutions: advantages and risks // Vestn. Volume. state university Right. – 2018. – No. 29. – S. 103-113. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gibridnye-i-multirezhimnye-penitentsiarnye-uchrezhdeniya-preimuschestva-i-riski (Date of access: 06/05/2023).
9. Oberlender G. D. Project management for engineering and construction. 2nd ed. – NewYork: McGrawHill, 2011. – 368 p.
CRIMINALISTICS
DALELOV Mukhadin Leonovich
Head of the Forensic Center of the MIA of the Kabardino-Balkar Republic, colonel of police
THE IMPORTANCE OF FORENSIC PHOTOGRAPHY AND VIDEO RECORDING IN THE PRODUCTION OF INVESTIGATIVE ACTIONS
The purpose of this study was to study the possibilities of using forensic photography and forensic video recording in criminal proceedings. Currently, the investigation of crimes is impossible without the use of special technical means. These means of fixation provide ample opportunities for a more effective organization of the process of investigating a criminal case and its judicial proceedings. The use of this forensic technique provides an opportunity to obtain reliable evidence in the case, which has special informativeness, objectivity and accuracy.
The relevance of the study of the problem of the use of means of photo and video recording in the investigation of crimes is dictated by the fact that the use of means of photo and video recording has its own distinctive features, which should be borne in mind by all employees of the internal affairs bodies using them in their daily activities and especially in the investigation of crimes, when any admissible evidence in the future may be relevant in criminal proceedings.
The main purpose of forensic photography and video recording is to create objects that are important for the detection of crimes. The object of the photograph, which does not matter during the photo-fixation, can later become evidence in the case and the photos will allow to keep its original state unchanged.
In accordance with modern regulatory legal acts that guide all criminal proceedings, when recording all stages and the result of investigative actions, as well as operational investigative activities, it is necessary to draw up protocols and other documentation. Here there is often a problem associated with the inability to accurately establish and reflect in the protocol all the smallest details, which in the future may have a great impact on the investigation.
Keywords: photography, video recording, evidence, expert, specialist, criminal proceedings.
References
1. Volkov D. A., Lantukh E. V., Laur A. V., Romanova O. L. Forensic technology // Educational and methodological manual. – St. Petersburg, 2021.
2. Gusev A. V. Forensic technology as an area of special forensic knowledge of criminal justice // Society and Law. – 2010. – No. 1. – P. 213-217.
3. Dementieva V. O. The use of photo and video recording for solving crimes // In the collection: State and society: topical issues of interaction. materials of the II All-Russian scientific and practical conference dedicated to the 50th anniversary of the All-Russian State University of Justice. Kazan Institute (branch) VGUYu (RPA of the Ministry of Justice of Russia). – 2020. – P. 141-144.
4. Deryugin R. A., Faishanov I. F. On the issue of forensic research of video recording in the context of the development of digital forensics // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3. – P. 56-61.
5. Eremchenko V. I. Forensic methods of investigation of certain types of crimes: textbook. allowance. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2020.– 86 p.
6. Eremchenko V. I. Spherical video recording as a promising direction in the development of forensic video recording // Society and Law. – 2020. – No. 3. – P. 59-63.
7. Igumnova A. S. Brief history and current level of development of forensic photography in Russia // In the collection: Evolution of Russian law. Materials of the XVII International scientific conference of young scientists and students. Ural State Law University. – 2019. – P. 85-88.
8. Kalyuzhny A. N. Criminal law, forensic and other bases for systematizing forensic methods of investigating crimes. // Modern criminal procedure law – the lessons of history and problems of further reform. – 2020. – No. 1. – P. 274-280.
9. Minaydarov S. M. Technical and forensic tools and forensic records used in the course of pre-trial investigation // Bulletin of the Barnaul Law Institute. – 2019. – No. 2. – P. 12-14.
10. Nester I. S., Zharkevich I. L. Forensic imprinting photography as a field of special knowledge // Forensic examination of Belarus. – 2023. – No. 1 (16). – P. 35-39.
11. Pastukhov P. S. Forensic investigation of electronic media as a new branch of technical and forensic activity. // Perm legal almanac. – 2021. – No. 4. – P. 622-639.
12. Shkurikhina N. V., Mikhaleva D. A. Fundamentals of criminalistics: textbook and practice. allowance. – Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2019. – 124 p. – [Electronic resource]. – Access mode: Electronic Library of the KRU of the Ministry of Internal Affairs of Russia, authorization required: http://libkrumvd.ru.
13. Shkhagapsoev Z. L., Berova D. M., Gauzhaeva V. A. Workshop on the basics of forensic technology: study guide. allowance. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2019. – 126 p.
CRIMINALISTICS
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
BARYSHNIKOV Andrey Valerjevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
YAKOVLEV Ivan Matveevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE RIGHT OF A PERSON TO DEMAND FROM THE BODY CARRYING OUT OPERATIONAL INVESTIGATIVE ACTIVITIES INFORMATION ABOUT THE INFORMATION RECEIVED ABOUT HIM: LIMITS AND GROUNDS
In the article, the authors consider the legal and practical aspects of situations when, as a result of verification operational search measures carried out against a person, his involvement in the commission of a crime has not been established, but he became aware of it and he decided to use his right to provide information about the information received in relation to him. Based on the analysis of practical situations and provisions of the legislation, a conclusion is made about the limits of providing the requested information in the designated situations. The correlation of the provisions of the law on state secrets and the law on operational search activities in terms of the rights of citizens to familiarize themselves with the results of operational search activities is carried out.
Keywords: operational investigative activities, human and civil rights, covert operational investigative measures, state secrets.
References
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020 // SPS “ConsultantPlus” (date of access: 04/29/2023).
2. Federal Law of August 12, 1995 No. 144-FZ “On operational-search activity” (as amended of December 29, 2022 No. 638-FZ) // Rossiyskaya Gazeta. August 18, 1995.
3. Law of the Russian Federation “On State Secrets” dated 21.07.1993 No. 5485-1 // SPS “ConsultantPlus” (date of access: 29.04.2023).
CRIMINALISTICS
MIKHAYLOV Nikolay Viktorovich
senior lecturer of Personnel support and personnel management in the internal affairs bodies sub-faculty of the Center for personnel, psychological, pedagogical and medical support of the activities of the internal affairs bodies of the VIPK of the MIA of Russia
DIDORENKO Nikolay Nikolaevich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE ISSUE OF CLASSIFICATION OF OPERATIONAL SEARCH ACTIVITIES
In the article, the authors consider variousvariants of the classification of operational investigative measures, allowing to delve deeper into the meaning of these verification measures and better assimilate the features of their preparation and conduct from the point of view of operational units. The authors also propose their own version of grouping operational search activities into documenting and incriminating ones, which has not yet been widely reflected either in textbooks on the training of employees of operational units or in scientific research in this area.
Keywords: operational-search activities, operational-search activities, classification of operational-search activities, documentation of criminal activity, incriminating operational-search activities.
References
1. 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.
2. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993 with amendments approved during the nationwide vote on 07/01/2020 // SPS “ConsultantPlus” (date of access: 05/29/2023).
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
ON SOME FEATURES OF THE INVESTIGATION OF CRIMES UNDER ARTICLE 186 OF THE Criminal Code of the Russian Federation
The article examines the features of the investigation of crimes under Art. 186 of the Criminal Code of the Russian Federation. Attention is drawn to the production of an investigative inspection of counterfeit banknotes and securities, computer equipment, etc., interrogations of persons involved in the commission of crimes, the appointment and production of forensic examinations. Crimes in the field of illegal circulation of securities have a high degree of public danger, since they negatively affect the economic sphere. The number of securities is constantly increasing, despite the fact that the Russian securities market is smaller in comparison with a number of other countries. This economic instrument of the financial market is becoming increasingly important, so any criminal encroachment on this area undermines the financial stability of the state. Such crimes include the acts specified in Art. 186 of the Criminal Code of the Russian Federation.
Keywords: counterfeit banknote, security, investigative examination, interrogation, appointment and production of examinations, computer equipment.
References
1. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/14/s/17 (Accessed 10.04.2023).
2. Data on counterfeit banknotes detected in the Russian banking system. [Electronic resource]. – Access mode: https://cbr.ru/statistics/cash_circulation/den_zn/1q_2023/ (accessed 06/16/2023)/
3. Pozdyshev R. S., Dolgacheva O. I., Saakyan A. G., Cherkunova T. V. Features of the investigation of crimes related to the sale of counterfeit banknotes through Internet resources. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2021. – 68 p.
4. Asatryan Kh. A. Problems arising during the investigation of cases of counterfeiting and ways to overcome them // Siberian Criminal Procedure and Forensic Readings. – 2008. – No. 1. – P. 135-141.
CRIMINALISTICS
DALELOV Mukhadin Leonovich
Head of the Forensic Center of the MIA of the Kabardino-Balkar Republic, colonel of police
DIGITAL TRANSFORMATION OF FORENSICS
The purpose of this study is to study the problematic issues of the transition of forensic research into the digital space. As soon as criminals learned to use electronic devices, digital information for their illegal purposes, digital technologies immediately became the subject of forensic research. It is important to accurately understand the type and specifics of the information to be considered. This ensures a unified approach, reduces the possible number of mistakes made by law enforcement officers when assessing and investigating a crime. It is also important that law enforcement officers know how to properly handle electronic devices, properly seize and store them, and use the information they carry. It is established that “electronic” and “digital” information have a whole set of characteristics that allow us to determine what it is, revealing the specifics of these concepts. These include not only the method of use, but also the transmission and storage of information, the “language” of the record. The combination of these properties becomes the optimal solution for the application of this concept by law enforcement agencies in practice. The existence of information is also possible on those media that are recorded according to the principles of physics, they include optical, magnetic. But the peculiarity of such information is that people can transmit it to each other only by using these special carriers. It is concluded that digital (electronic) information is defined as data recorded in any way that can be transmitted exclusively using special devices. The transmission of such information is possible by means of a digital code, electromagnetic waves. It can be processed manually or automatically with the help of special technical means and programs. Information can be transmitted between devices both in full and in part, distributed between them.
Keywords: criminalistics, digital technologies, crimes in cyberspace, digital information, electronic information, machine information.
References
1. Andreev A. S. Criminalistics in the context of digital technology development // Intellectual resources for regional development. – 2020. – No. 2. – P. 456-461.
2. Brusentseva V. A. Modern approaches and prospects for the use of digital technologies in forensics // In the collection: Digital transformations in the development of the economy and society. materials of the XV International Scientific and Practical Conference. – Voronezh, 2021. – P. 439-443.
3. Dyablova Yu. L. Digital forensics – the future of science or the trend of modernity? // Proceedings of the Tula State University. Economic and legal sciences. – 2021. – No. 1. – P. 85-93.
4. Smushkin A. B. Digital transformation of criminalistics. Part I (digital transformation of the general theory of forensic science and forensic technology) // Bulletin of the Saratov State Law Academy. – 2022. – No. 6 (149). – P. 250-256.
5. Smushkin A. B. Digital transformation of criminalistics. Part 2 (digital transformation of the organization of crime investigation, forensic tactics and methods of investigating certain types of crimes) // Bulletin of the Saratov State Law Academy. – 2023. – No. 2 (151). – P. 272-278.
6. Smushkin A. B. Digital transformation of the investigation process as an objective reality // Bulletin of St. Petersburg University. Right. – 2023. – T. 14. No. 1. – P. 90-107.
7. The use of artificial intelligence in detecting, solving, investigating crimes and considering criminal cases in court / Ed. S. V. Zueva, D. V. Bakhteeva. – M.: Yurlitinform, 2022. – 216 p.
8. Kustov A. M. “Digital forensics” or “digital technologies in forensics” // Modern technologies and approaches in legal science and education: materials of the International scientific and practical conference (Kaliningrad, August 27-31, 2020). – Kaliningrad, 2021. – P. 173-181.
CRIMINALISTICS
ZADOROZHNY Artem Anatoljevich
competitor of Criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
SOME ASPECTS OF “FORENSIC EXPLOSIVES”
The article examines the essence of some definitions of “Forensic explosives” and their scientific validity. The author analyzes the general and special signs of an explosive device. Provides arguments for distinguishing an explosive device from an explosive system. At the same time, the attribution of radio-controlled devices to the corresponding systems is justified.
Keywords: explosives, explosive device, radio-controlled explosive device, remote-controlled explosive device
Reference list
1. Landyshev, N. P. Investigation of murders committed with the use of explosives. Moscow, 1975. 77 p.
2. Tsvetkov, V.N. Moscow, 1983. 24 p.
3. Motorny I. D. Forensic explosives: a new doctrine in forensic science: teaching aid: M.: IP I. I. Shumilova, 2000. 176 p.
4. Belyakov A. A. Forensic explosives. Moscow, 2019. 242 p.
5. Shogenov T. K. Modern mobile means of suppressing radio links of explosion control: state and new reality // International Journal of Applied and Fundamental Research. 2016. No. 9-3. pp. 338-342.
6. Explanatory Dictionary of Ozhegov. [Electronic resource]. – Access mode: https://slovarozhegova.ru/. (accessed 05/27/2023).
CRIMINOLOGY
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor of Prosecutor’s Supervisionfor observance of laws in the OSA and participation of the prosecutor in criminal proceedings sub-faculty of the University of the Prosecutor’s Office of the Russian Federation; professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, senior justice adviser
SPECIAL CRIMINOLOGICAL MEASURES TO PREVENT CONVICTED PERSONS FROM COMMITTING CRIMES AGAINST LIFE AND HEALTH IN CORRECTIONAL INSTITUTIONS
The article analyzed special criminological measures to prevent convicts from committing crimes against life and health in correctional institutions. The conclusion is formulated that the effectiveness of special criminological measures depends on the implementation of the entire set of appropriate organizational, managerial and other measures aimed at ensuring penitentiary safety and protecting life and health. In order to normatively consolidate the possibility of using effective methods of psychological influence on convicts, it was proposed to amend paragraph 2 of Art. 110 PEC RF.
Keywords: prevention measures, penitentiary crime, causes and conditions, psychological impact.
References
1. Kulakova A. A. Victimological aspect of penitentiary crime and its prevention: in relation to employees of the penitentiary system: dis. … cand. legal Sciences. – Vladimir, 2007. – 184 p.
2. Polyakova V. O., Osokin R. B. Achieving the results of corrective action in the execution of deprivation of liberty in relation to female convicts: specifics, main problems and ways to solve them // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 130-135.
3. Antonyan E. A., Brilliantov A. V., Grishko A. Ya., Zhuravlev M. P. et al. Russian penal law: textbook: in 2 volumes / Ed. V. E. Eminova, V. N. Orlova. T. 2: Special part. – M., 2011. – 792 p.
4. Sergeev M.P. The personality of convicts (psychodiagnostics and psychoprophylaxis, educational work) // Bulletin of the Chuvash University. – 2010. – № 2. – P. 133‒140.
5. Khokhrin S. A. Prevention of penitentiary crime in the conditions of reforming the penitentiary system // Penitentiary system: law, economics, management. – 2014. – No. 6. – P. 7‒10.
6. Shostakovich B.V. Criminogenicity in mental disorders and problems of preventing dangerous actions // Russian Psychiatric Journal. – 2006. – No. 2. – S. 15-18.
CRIMINOLOGY
ULYANOVA Alevtina Alexandrovna
senior lecturer of General and special legal disciplines sub-faculty of the Pacific State University
CRIMINOGENIC FACTORS OF THE CULTURAL SPHERE AND THE BASIS OF LEGAL REGULATION
Regulation of the cultural sphere is very important in any economic and political environment. Culture and all its constituent elements that are in contact with crime can act as causes, conditions of crime, criminogenic and anti-criminogenic factors. However, the process of influencing the culture of society in order to prevent the growth of crime is a rather complicated process. This article analyzes the criminogenic factors of the cultural sphere and the foundations of domestic regulation of cultural processes.
Keywords: culture, cultural policy, traditional spiritual and moral values, cultural and historical values, criminogenic factors, national priorities, national security, state regulation.
References
1. Danilov A.P. Art as an instrument of crime // Criminology: yesterday, today, tomorrow. – 2017. – No. 3 (46). – P. 59-67.
2. Gribanov E. V. Criminological characteristics of culture // Society and law. – 2009. – No. 1(23)
LITIGATION
PETROSJYAN Dmitriy Vladimirovich
postgraduate student of the F. F. Ushakov Maritime State University
THE ACTIVE ROLE OF THE COURT IN ADMINISTRATIVE PROCEEDINGS
Administrative legal proceedings are an independent procedural form. In support of this statement, it is necessary to cite provisions on the qualitative features of administrative proceedings that distinguish it from other forms of the process. These features are set at the level of principles and are important. Most of the principles of administrative proceedings have an intersectoral nature and also apply to civil procedure. Within the framework of this article, an attempt is made to consider and study the main differences between the administrative form and the arbitration and civil form. The authors analyze the provisions of the Code of Administrative Procedure of the Russian Federation. The conclusion substantiates the need to amend Article 6 of the Code of Administrative Procedure of the Russian Federation andto consolidate the principle of the active role of the court as a fundamental provision of administrative proceedings.
Keywords: principles, administrative proceedings, public law disputes, the active role of the court, the current legislation.
References
1. Ilyin A. V. To the question of the principle of justice in administrative proceedings // Law. – 2019. – No. 1. – P. 95-101.
2. Orlov A. V. The active role of the court in administrative proceedings // Russian judge. – 2016. – No. 8. – P. 12-15.
3. Sarkisyan VG To the question of the concept and signs of forensic examination in the civil process // Law and state: theory and practice. – 2022. – No. 9 (213). – P. 215-216.
4. Sarkisyan V. G. Some problems of the institution of representation in administrative proceedings // Legal science in the XXI century: current problems and prospects for their solutions: Collection of scientific articles on the results of the seventh round table with All-Russian and international participation, Shakhty, July 30–31 2020. – Mines: Limited Liability Company “KOVERT”, 2020. – P. 96-98.
5. Resin A. A. Standards, evidence and the Supreme Court // Bulletin of economic justice of the Russian Federation. – 2018. – No. 8. – S. 129-165.
LITIGATION
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University
THE CONCEPT, MEANING AND DIFFERENCES OF ALTERNATIVE DISPUTE RESOLUTION FROM LEGAL PROCEEDINGS AND ITS PLACE IN THE LEGAL SYSTEM
The article discusses alternative dispute resolution methods that are rapidly gaining popularity in our country. This is due to the fact that when considering certain categories of cases, judicial proceedings are not always effective, which may consist in the congestion of the courts, the duration of the trial, etc. The aim of the authors is to distinguish between judicial proceedings and alternative procedures to the state court, as well as to clarify the advantages and disadvantages of alternative dispute resolution methods. The authors address the following issues: is there a difference between the concepts of conflict and dispute; the problem of choosing a suitable way to resolve the conflict; what are the advantages and disadvantages when using alternative dispute resolution methods.
Keywords: alternative dispute resolution, jurisdiction, non-judicial bodies, procedures, conflict, dispute, alternative jurisdiction.
References
1. Argunov V. V., Borisova E. A., Bocharova N. S. Civil process: Textbook / Ed. M. K. Treushnikova. – 5th ed., revised. and additional – M.: Statute, 2014. – 960 p. ISBN 978-5-8354-0950-1, 2000 copies. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/445615 (date of access: 04/04/2023).
2. Kovaleva E. A., Zhivov T. A. Mediation and court: correlation of judicial protection of rights and their implementation in the mediation procedure // Scientific search. – 2015. – No. 1.5. – S. 60-63. – EDN TUFSBL.
3. M. Yu. Lebedev [et al.] Civil process: textbook and workshop for universities / Edited by M. Yu. Lebedev. – 7th ed., revised. and additional – M .: Yurayt Publishing House, 2023. – 440 p. – (Higher education). – ISBN 978-5-534-15966-0. — Text: electronic // Educational platform Urayt [website]. With. 376. [Electronic resource]. – Access mode: https://urait.ru/bcode/510375/p.376 (date of access: 04/23/2023).
4. Raspopova N. I. Mediation: a textbook for universities. – M .: Yurait Publishing House, 2023. – 222 p. – (Higher education). — ISBN 978-5-534-14347-8. — Text: electronic // Educational platform Urayt [website]. With. 23. [Electronic resource]. – Access mode: https://urait.ru/bcode/519929/p.23 (date of access: 21.04.2023).
5. Kotlyarova V. V. Alternative methods of settlement and resolution of disputes in Russia: textbook / Edited by Doctor of Law A. V. Yudin. – Samara: Samara University Press, 2021. – 104 p.
6. Yusupova, A. F. Mediation as an alternative way to resolve disputes in civil proceedings / A. F. Yusupova // Issues of Russian justice. – 2020. – No. 7. – P. 642-649. -EDN PDMFTY.
LAW ENFORCEMENT
PLEBUKH Ekaterina Alexandrovna
adjunct of Management and organization of the activities of the UIS sub-faculty of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia, captain of internal service
ON CONSIDERATION OF SOME ISSUES OF THE ORGANIZATION OF INDIVIDUAL EDUCATIONAL WORK WITH EMPLOYEES OF THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION
The author of the article discusses the main methods and means of educational work with employeesof the penitentiary system of the Russian Federation, aimed at the formation and consolidation of employees in the service, by conducting educational individual work on the part of the head. The author pays attention to the means used in individual educational work with employees of the penitentiary system, highlights the main areas of work of the head, such as studying the personality of the employee and instilling positive qualities. In the content of this article, based on the studied material, the main methods of working with personnel are highlighted, and a conclusion is formed about the need to combine methods and means of individual educational work with employees of the penitentiary system by a direct supervisor in order to achieve retention in the service and the formation of a qualified employee with positive moral and professional qualities.
Keywords: personnel; educational work, methods of educational work, means of educational work, consolidation of employees in the service, preservation of personnel potential.
References
1. Decree of the Government of the Russian Federation dated April 29, 2021 No. 1138-r “On approval of the Concept for the development of the penitentiary system of the Russian Federation for the period until 2030”. – [Electronic resource]. – Access mode: //www.garant.ru/products/ipo/prime/doc/400639567/.
2. Order of the Federal Penitentiary Service of the Russian Federation dated December 28, 2010 No. 555 “On the organization of educational work with employees of the penitentiary system”. – [Electronic resource]. – Access mode: //docs.cntd.ru/document/902256295/.
LAW ENFORCEMENT
BILIKSIN Vladimir Vladimirovich
student of the Samara law institute of the FPS of Russia
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Regime and security in the penal system sub-faculty of the Samara law institute of the FPS of Russia
PMCS REDAN: THE ESSENCE AND CORRELATION WITH EXTREMIST ACTIVITY
This scientific article examines the essence of the Redan PMCs. The author analyzes the main sphere of activity of this community and makes a correlation with various extremist communities that exist today. Considerable attention is paid to the influence of the anime industry on the incitement to commit illegal actions of persons who consider themselves to be a PMC Redan. The author, within the framework of the ongoing scientific research, evaluates the PMC Redan for signs of an extremist community.
Keywords: PMC Redan, extremist community, signs of extremist community, illegal actions, anime industry culture.
References
1. Sidorova E. Z. Extremism and terrorism: history and modernity // Age of quality. — 2022. — № 4. — P. 19-21.
2. Bogatsky E. E. Manga is a segment of modern Japanese mass culture. // Bulletin of the Moscow State University of Printing Arts. – 2023. – No. 106. – P. 46-47.
3. Katasonova E. L. Anime: yesterday, today, tomorrow. – 2017. – No. 14. – P. 76-77.
4. Khalilin M. N. The image of war as a new monster in Japanese visual culture // TV Science. – 2020. – No. 53. – P. 231-232.
5. Milyukov VL Influence of Japanese anime culture on the modern youth of Russia // Innovative science. – 2021. – No. 63. – P. 33-34.
6. Bitkova T. G. Youth subculture “Emo” // Generation of change in Eastern Europe: 1990–2010. — 2015. — № 18. — P. 86-88.
7. Denisova A. A. Semantics of the “Anime” subculture // Analytics of Cultural Studies – 2017. – No. 59. – P. 43-44.
8. Kovaleva A. N. Elements of the epic plot of the Gunka genre in anime // Bulletin of the Russian State Humanitarian University. – 2019. – No. 91. – S. 5-7.
9. Ivanova Yu. A. Aue – criminal youth movement: essence and methods of distribution // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 33. – S. 123-124.
10. Chirun S. N. Youth “Aue” as an integral phenomenon of the Russian postmodern // Monitoring of public opinion: economic and social changes. —2019. – No. 96. – S. 305-307.
LAW ENFORCEMENT
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Forensic Science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
SOME FEATURES OF THE LEGAL REGULATION OF THE ACTIVITIES OF THE STATE FIRE SUPERVISION BODIES OF THE FEDERAL FIRE SERVICE AS BODIES OF INQUIRY
The article analyzes issues related to the legal regulation of state supervision, state fire supervision, as well as the activities of the state fire supervision bodies of the federal fire service as bodies of inquiry. Based on a comprehensive analysis of regulatory sources, scientific literature and indicators of official statistics, the specifics of the criminal procedural function of the Ministry of Emergency Situations of Russia as a federal executive authority, for which its main tasks are strictly defined according to the profile of the Ministry. Some conclusions are formulated about the direction of improving the further activities of the bodies of inquiry of the GPN FPS of the Ministry of Emergency Situations of Russia.
Keywords: state supervision, fire supervision, inquiry, legal regulation, investigation of crimes related to fires.
References
1. Consolidated report on state control (supervision), municipal control in the Russian Federation for 2022 / Official website of the Government of the Russian Federation. – [Electronic resource]. – Access mode: http://static.government.ru/media/files/nI8VlVPes5mi2qAmn2Vgwqrw1SGLhvDe.pdf (date of access: 06/29/2023).
2. Kudilinsky MN Control as a form of public administration. Correlation between the concepts of “control” and “supervision” // Actual problems of Russian law. – 2015. – No. 8. – P. 47-53.
3. Activities of the Ministry of Emergency Situations of Russia / Official website of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters. – [Electronic resource]. – Access mode: https://mchs.gov.ru/uploads/document/2023-05-19/57f5b8b4815dd3e1b2592f5565a2c30f.pdf (date of access: 05/20/2023).
4. Savelyev A. P., Lavrushkina A. A., Chugunov A. M. Improving the efficiency of investigators of the federal state fire supervision // Pravo. Safety. Emergencies. – 2023. – No. 2 (59). – S. 77-84.
5. Stepanova I. A. Organizational and practical issues of the production of inquiry in criminal cases related to fires // Issues of Russian and international law. – 2022. – T. 12. No. 10-1. – S. 569-577.
6. Rokhlin V. I. Inquiry in the system of the Ministry of Emergency Situations of Russia: concept, prospects // Legal regulation of the activities of the Ministry of Emergency Situations of Russia on the issues of ensuring security and liquidation of consequences of natural disasters: Materials of the round table, St. Petersburg, April 05, 2011 / Under the general editorship of V. S. Artamonova. – St. Petersburg, 2011. – P. 9-11.
7. Ershov A. V., Korobko V. B. On the problem of the transition of public administration in the technosphere to a new risk-oriented model on the example of fire safety. Pozharovzryvobezopasnost. – 2021. – T. 30. No. 2. – S. 98-116.
8. Reports with a summary of law enforcement practice and guidelines for compliance with mandatory requirements for 2022 (approved by the Chief State Inspector of the Russian Federation for Fire Supervision on April 24, 2023), May 11, 2023. – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/406722039/ (date of access: 05/20/2023).
LAW ENFORCEMENT
NIMIROVSKAYA Yuzefa Kazimirovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology sub-faculty of the Saint Petersburg University of the MIA of Russia
SLEEP AS THE MOST IMPORTANT MARKER OF THE FUNCTIONAL STATE IN THE PROFESSIONAL ACTIVITY OF EMPLOYEES OF INTERNAL AFFAIRS BODIES
The article examines the significance of one of the protective states of the body – sleep, which affects the life manifestations of a person. Factors related to sleep disorders caused by the official activity of an employee of the internal affairs bodies are considered. The causal relationship between the functional state of the body and the stress of the professional functioning of the police officer is shown. The role of sleep as a restorative physiological process that ensures the maintenance of the effectiveness of professional activity is substantiated. The importance of physiological markers in the functional state of the bodyy is noted.
Keywords: sleep, functional state, physiological process, professional activity, reserves of the body, an employee of the internal affairs bodies.
References
1. Amosov N.M. Reflections on health. 3rd ed. – Moscow: Physical culture and sport, 1987. – 64 p.
2. Anokhin P. K. Fundamental questions of the general theory of functional systems. Principles of systemic organization of functions. – Moscow: Nauka, 1973. – S. 47.
3. Azimova Yu. Z., Ishchenko K. A. Sleep disorders in alcoholic disease diagnosis and therapy // Medical Council. Moscow. – 2017. – S. 65.
4. Grandner M. A. Recommended amount of sleep for a healthy adult // Journal of Clinical Sleep Medicine of the American Academy of Sleep Medicine and the Society for Sleep Research. J Clinic Sleep Med. – 2015. – No. 11 (6). – S. 591-592.
5. Stupnitsky V. P. Psychology: textbook / V. P. Stupnitsky, O. I. Shcherbakova, V. E. Stepanov. – 3rd ed., erased. – Moscow: Dashkov i K°, 2021. – 518 p. [Electronic resource]. – Access mode: https://biblioclub.ru/index.php?page=book&id=684335 (date of access: 06/10/2023).
6. Lectures on physiology. St. Petersburg State Medical Academy. I. I. Mechnikov // StudFiles. – 2015. [Electronic resource]. – Access mode: https://studfiles.net/preview/2073255/page:12/ (Accessed 11/29/2018).
7. Medvedev V. I. Stability of physiological and psychological functions of a person under the action of extreme factors. – Leningrad: Nauka, Leningrad branch, 1982. – 103 p.
8. Prostyako VV Psychological requirements for the personality and professional activity of an employee of the internal affairs bodies // Legal Psychology. – 2012. – № 1. – P. 5-8.
9. Pavlov I. P. Full. coll. op. T. III. – P. 335-336.
10. Sivertsen B., Overland S., Neckelmann D. et al. The long-term effect of insomnia on work disability: the HUNT-2 historical cohort study. Am J Epidemiol. – 2006. – No. 163 (11). – S. 24.
11. The effect of dream deprivation I // Science. – 1960. – V. 131. – P. 1705-1707.
STATE AND LAW
GRISHCHENKO Andrey Sergeevich
Deputy Head of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia, colonel of police
PASTUKHOV Evgeniy Vladimirovich
senior lecturer of Physical culture and sports sub-faculty of the V. F. Yakovlev Ural State Law University
AMIRKHANYAN Vage Gagikovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
THE ROLE AND PLACE OF THE STATE IN THE POLITICAL SYSTEM OF SOCIETY
The political system of society is formed by diverse organizations, institutions, institutions of the struggle for power, for its retention, use, organization and functioning. The ratio of civil society and its political system is the ratio of content and form. What people are, what their needs and interests are, how they satisfy their needs, what classes and groups they belong to, and what interests underlie the natural historical formations of people, all this is reflected in political institutions. Any class society is politically formalized, it has a mechanism of power that ensures its normal functioning as a single social organism. This mechanism is called the political system. The concept of a political system is one of the main ones in political science. Its use allows you to isolate political life from the life of society as a whole, which can be considered the “environment”, and to establish the existence of links between them. The political system of society includes a fairly large number of institutions and subjects, the coordinated interaction of which determines the degree of influence of the political system on various spheres of people’s life. Having considered the positions of the authors who offer definitions of the political system, one should pay attention to the fact that there is no single interpretation, each of the scientists identified a number of their features and characteristics.
Keywords: state, political system, society, power, needs, interests, history, people, political institutions, civil society, associations.
References
1. Korelsky V. M. and Perevalov V. D. Theory of State and Law: Textbook for Law Schools. – M.: Jurist, 2019.
2. Komarov S. A. General theory of state and law: textbook. Supplement to the 6th ed. – St. Petersburg: Legal Publishing Institute, 2021.
3. Bagley M. V. Constitution of the Russian Federation: text for universities – 4th edition with corrections and additions. – M.: Norma, 2020.
STATE AND LAW
ZLOBINA Ekaterina Alexandrovna
independent researcher
Effectiveness of the legislative power
The relevance of the work. The article investigates the scientific-theoretical and scientific-practical significance of the legislative power in the system of public authorities, and its role in ensuring the effectiveness of state power. The relevance of the problem of the effectiveness of the legislative power is due to the increased interest on the part of the state leadership in the issue of the effectiveness of both this branch of government and the entire system of government bodies, the lack of unified generally accepted approaches to its solution, since most modern methods for studying the effectiveness of the system of public authorities in general, and legislative, in particular, apply a significant number of general criteria, thereby striving to include in the research process as much as possible the totality of factors affecting the effectiveness of state power and parliament.
Goal of the work. Development of basic approaches to understanding the effectiveness of the legislative power, using both domestic and foreign experience, allowing to evaluate not only the activities of this branch of government, but also the process of performing the assigned functions, the complexity and timelines of the implementation of the assigned tasks, as well as assessing the indicators of the received result (effect) and indicators of the direct process of the activity of the legislature.
Keywords: parliament, system, state power, public authorities, efficiency of state power.
REFERENCE LIST
1. Report of the Federation Council of the Federal Assembly of the Russian Federation in 2007 “On the state of legislation in the Russian Federation” // Methodology for studying the effectiveness of legislation in the process of legal monitoring. – M.: Federation Council, 2008. – P. 528.
2. Avakyan S. A. Federal Assembly – Parliament of Russia. – M., 1999. – S. 31, 32.
3. Information and analytical bulletin 2000-2003 State Duma of the third convocation (final). Publication of the State Duma, 2003. ([Electronic resource]. – Access mode: http://iam.duma.gov.ru/node/1); reports of the First Vice-Speaker of the State Duma, responsible for drawing up and implementing the program of legislative work ([Electronic resource]. – Access mode: http:/www.cir.ru/duma/servlet/is4 – Morozov; formerly – Slivka).
4. Karasev A. T. Public authority in the Russian Federation: concept, content // Problems of law. – 2011. – № 1. – P. 8-12.
5. Evaluation of laws and the effectiveness of their adoption. Materials of the International Seminar, December 16-17, 2002, Ryazan. – M.: Publication of the State Duma, 2003; Zenin I. A. Problems of the general theory of the effectiveness of civil legislation. – M., 2003; Polenina SV The quality of the law and the effectiveness of legislation. – M., 1993; Shuvalov I.I. The problem of the effectiveness of lawmaking in the light of the modern political and legal theory of social management // Journal of Russian Law. – 2005. – № 4.
6. Parliamentary law of Russia / ed. I. M. Stepanova, T. Ya. Khabrieva. – M., 2000. – P. 31.
7. Paragraphs 5 and 8 of the recommendation of the Parliamentary Assembly of the Council of Europe 1704 (2005) of 29.04.2005
8. Paul E. Sands. How effective is safety legislation // Journal of Law and Economics? – 1968. – Vol. 11. – № 1 (Apl.).
9. Baglai M. V., Gabrichidze B. N. Constitutional law of the Russian Federation. –M., 1996. – P. 130.
10. Grankin I. V. The essence of Russian parliamentarism // Constitutional and municipal law. – 2005. – № 4. – S. 27-30.
11. Lazarev VV Law enforcement practice as a criterion for the effectiveness of the law // Assessment of laws and the effectiveness of their adoption. Materials of the International Seminar, December 16-17, 2002, Ryazan. – M.: Publication of the State Duma, 2003.
12. Small A. F. State power as a legal category // State and law. – 2001. – No. 3. – P. 98.
13. Chirkin V. E. Legislative power. – M.: INFRA-M, 2016. – S. 193-194.
STATE AND LAW
KIRILIN Andrey Viktorovich
adjunct of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
FORMATION OF FACTORY INSPECTION AS A BODY OF CONTROL OVER FACTORY LEGISLATION IN THE RUSSIAN EMPIRE
The article considers the grounds for the creation of such a state body as the Factory Inspectorate. Legal acts adopted to regulate the activities of factory inspection inspectors are noted. The activity of the factory inspection as a supervisory state body is analyzed. The article examines the factory inspection as an intermediary between workers and owners of factories and enterprises, as well as the activities of factory inspectors to improve working conditionsat industrial enterprises.
Keywords: factory legislation, workers’ issues, factory inspection, labor legislation, protection of workers’ rights.
References
1. Litvinov-Falinsky V.P. Factory legislation and factory inspection in Russia. Saint Petersburg. 1904.
2. Mikulin A. A. Factory inspection in Russia // Kyiv. 1906.
3. Balitsky GV What should be the factory inspection. Moscow: Labor and will. 1907
4. Volodin A. Yu. Factory inspection in Russia (1882-1914): State institution, personnel, intermediary activity. M.: Gosjurizdat, 2006.
5. Nevsky S. A. Establishment of the factory police in the Russian Empire // Economic and humanitarian studies of regions. 2015. No. 5.
STATE AND LAW
MIROSHNICHENKO Olga Igorevna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University
DYAKONOVA Anastasia Vitaljevna
magister student of the Law School of the Far Eastern Federal University
TO THE QUESTION OF SOME TRENDS IN DIGITALIZATION. LOOKING THROUGH THE COVID-19 EXPERIENCE*
The authors attempted to generalize digitalization trends during the 2019-2022 pandemic, as well as in the post-pandemic world. The conclusion is made about a significant acceleration of the processes of transition of society and the state to digitalization. The authors also point out some trends in the widespread restriction of rights and partial renunciation of the image of a democratic state. It is emphasized that such measures are forced and temporary.
Keywords: digitalization, digitalization trends, COVID-19, pandemic, restriction of rights, democracy.
References
1. Bezbakh V. V., Frolova E. E. Artificial intelligence in the regulatory context of Industry 4.0 and epistemological optimism // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – R. 289-307.
2. Bezbakh V. V., Frolova E. E. Augmented reality and civil law regulation of business relations // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – R. 29-37.
3. Frolova E. E., Ermakova E. P. Utilizing artificial intelligence in legal practice // Smart Innovation, Systems and Technologies. – 2022. – Vol. 254. – R. 17-27.
4. Antonov F. S. State and socio-political democracy: historical and modern context // Power. – 2018. – No. 5. – P. 69-76.
5. Bylyeva D.S., Lobatyuk V.V. The image of the digital future society through the prism of a pandemic // Philosophical Thought. – 2021. – No. 2. – P. 11-23.
6. Gaivoronskaya Ya. V., Miroshnichenko O. I., Shakirov S. Sh. Trends and lessons of anti-crisis legal regulation during the COVID-19 pandemic // Vestnik RUDN University. Series: Legal Sciences. – 2021. – No. 2. – P. 634-662.
7. Lola I. S., Bakeev M. B. Digital agenda and initiatives in the field of digital technologies in the context of COVID-19 (a review of the practices of the European Union, the Organization for Economic Cooperation and Development, and other countries). – M.: NRU HSE, 2020. – 19 p.
8. Mamedyarov Z. A. Accelerating digitalization against the backdrop of a pandemic: world experience and Russia // Outlines of global transformations: politics, economics, law. -2021. – No. 4. – P. 92-108.
9. Mamychev A. Yu., Miroshnichenko O. I. Digital democracy in a pandemic: ethical, legal and political aspects. Part 2 // Advances in Law Studies. – 2020. – No. 5. – P. 100-104.
10. Shchelkunov M. D. Society in a pandemic: a rehearsal for the digital future // Bulletin of Economics, Law and Sociology. – 2020. – No. 2. – P. 192-196.
STATE AND LAW
RABADANOVA Saida Spartakovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
DADASHEVA Malika Jamalutdinovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
PARLIAMENTARY INVESTIGATION AS A FORM OF PARLIAMENTARY CONTROL IN THE RUSSIAN FEDERATION
This scientific article explores the investigation as a form of parliamentary control in the Russian Federation. The article discusses the main aspects and mechanisms of the investigation, its role in ensuring effective parliamentary control, as well as the problems and challenges that the Russian parliament’s face when conducting investigations. The article analyzes the regulatory framework of the investigation, the powers of parliamentary commissions and other tools used to exercise parliamentary control through investigations. Based on the conducted research, the conclusion is madeabout the importance of the investigation as a mechanism of parliamentary control and recommendations are proposed for its further improvement in the Russian Federation.
Keywords: investigation, parliamentary control, Russian Federation, parliaments, regulatory framework, powers, mechanisms, challenges.
References
1. Amiragyan S. S. Parliamentary investigation on the legislation of the constituent entities of the Russian Federation // Student Forum. – 2023. – No. 6 (229). – P. 28-31.
2. Abaeva ZR Parliamentary investigation as a form of parliamentary control in the subjects of the Russian Federation // Constitutional and municipal law. – 2023. – No. 3. – P. 26-31.
3. Volodina E. N. Actual issues of parliamentary control in Russia // High technologies, science and education: topical issues, achievements and innovations: collection of articles of the VIII All-Russian scientific and practical conference, Penza, October 27, 2020. – Penza: “Science and Education” (IP Gulyaev G.Yu.), 2020. – P. 229-232.
4. Lobkov A. V. The ratio of individual and collegial principles of parliamentary control (on the example of parliamentary investigations in the subjects of the Russian Federation // Constitutional and municipal law. – 2023. – No. 6. – P. 42-46.
5. Chimarov N. S. Essential features of the Russian model of parliamentary investigation in the context of constitutionalism // Bulletin of the St. Petersburg Law Academy. – 2023. – No. 1 (58). – P. 63-66.
PEDAGOGY AND LAW
AMELICHKIN Artem Valerjevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Economics and management sub-faculty of the Orel State Institute of Culture
USOV Alexander Vladimirovich
Deputy Director of the Leisure Center “Rodina”, Master degree student of the Orel State Institute of Culture
SHOWING FILMS AS A MEANS OF PATRIOTIC EDUCATION
The content of the article is devoted to the study of the pedagogical potential of film screening as a means of patriotic education of youth. Joint leisure activities and communication that take place in cultural institutions as part of film screenings are a unique environment that allows you to optimize the process of patriotic education of young people.
Keywords: film screening, film screening, patriotic education, leisure, social and cultural activities.
References
1. Amelichkin A. V. History of forms of social and cultural education: teaching aid for undergraduates. – Orel: OGIK, 2020. – 103 p.
2. Baranov O. A. Media education at school and university. – Tver: Publishing House of the Tver State. ped. un-ta, 2002. – 87 p.
3. Budagovsky VL Socio-cultural conditions of military-patriotic education of student youth in the activities of public associations of search orientation: dis. … cand. ped. Sciences: 13.00.05. – Orel, 2014. – 179 p.
4. Vakulenko E. A. Patriotic education in the process of becoming a teenager’s personality // Patriotic education: from words to deeds: materials of a scientific and practical conference. – M: AST, 2018. – S. 60-64.
5. Geytenko L. V. The system of values of modern youth // Actual problems of the humanities and natural sciences. – 2009. – No. 9. – P. 196-197.
6. Dyachenko VV Theory and practice of patriotic education in modern Russia: author. dis. … doc. ped. Sciences. – M., 2001. – 396 p.
7. Zhmyrova E. Yu. Film art as a means of educating tolerance among students: dis. … cand. ped. Sciences: 13.00.02. – Tambov, 2008. – 212 p.
8. Ilchenko E. A. Using the structure of the industry market (on the example of the Russian film screening market) // Bulletin of the Chelyabinsk State University. – 2011. – No. 32 (247). – P. 96-103.
9. Kravchenko A. A. Film art in the system of moral and aesthetic education of adolescents // Proceedings of the St. Petersburg State Institute of Culture. – 2013. – № 4. – S. 298-304.
10. Krylova E. L. Formation of patriotic consciousness of university students by means of media education. Dis. … cand. ped. Sciences: 13.00.01. – Samara, 2020. – 283 p.
11. Malkov M. B. Cinema as a factor in the patriotic education of children and youth // Collection of materials of the International Summit on Culture and Education, dedicated to the 50th anniversary of the Kazan State Institute of Culture: materials of scientific and practical conferences. – Kazan: KGIK, 2019. – P. 48-51.
12. Monastyrsky DV Interaction of cultural institutions and film distribution in the organization of youth leisure: dis. … cand. ped. Sciences: 13.00.05. – Moscow, 1999. – 181 p.
13. Penzin S. N. Cinema and aesthetic education: methodological problems. – Voronezh: Voronezh Publishing House. state un-ta, 1987. – 176 p.
14. Polichko G. A. Film language explained to the student. -Moscow-Ryazan: Russian Word, 2006. – 201 p.
15. Rogozyansky M. E. Functional approach to the interaction of television and cultural institutions for the patriotic education of youth: author. dis. … cand. ped. Sciences: 13.00.01. – Kazan, 2010. – 25 p.
16. Usov Yu. N. The program of the training course “Fundamentals of screen culture” for grades 9-11 of a comprehensive school. Fundamentals of screen culture. Program cycle. – M.: RAO, 1998. – S. 29-45.
PEDAGOGY AND LAW
BELEVTSEV Vitaliy Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Fire training sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, colonel of police
THE ROLE OF DIGITAL TECHNOLOGIES IN THE ORGANIZATION OF FIRE TRAINING CLASSES
This article reveals the possibilities of using digital technologies in fire training classes in educational organizations of the Ministry of Internal Affairs of Russia. A distinctive feature of this discipline is that theoretical and practical training is carried out within the framework of one lesson under the guidance of a teacher, as well as the lack of opportunity to independently practice shooting skills. Fire training is implemented in the traditional form of training, however, the crisis that occurred in the conditions of COVID-19 quarantine showed that educational organizations of the Ministry of Internal Affairs of Russia can work remotely. It is established that the use of digital technologies simultaneously with everyday classes will complement the learning process, where students will acquire new competencies, skills and knowledge.
Keywords: digital technologies, fire training, digitalization of education, accessibility of education, computer literacy.
References
1. Belevtsev V. V., Gordenko N. V., Kryukova I. V. Informatization as a process of obtaining a new level of education // In the collection: Science. Technologies. Society. Economy. Collection of scientific papers of the I International Scientific and Practical Conference. – Stavropol, 2022. – S. 24-26.
2. Gedgafov M. M. Application of modern training technologies in the training of shooters // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 148-150.
3. Kardanov A. K. Organizational and methodological foundations of the discipline “Fire training” in educational organizations of the Ministry of Internal Affairs of Russia // Problems of modern pedagogical education. – 2022. – No. 76-4. – P. 150-152.
4. Cherkesov A. Yu. Fire training of police officers as part of service and combat training // In the collection: Innovations in science and practice. Collection of works based on materials of the VI All-Russian competition of scientific research works. – Ufa, 2021. – P. 104-109.
5. Cherkesov A. Yu. Pedagogical conditions for improving the fire training of police officers // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 227-229.
6. Cherkesov A. Yu., Sabirov I. F. Actual problems of the use of firearms by police officers in modern conditions // Education and Law. – 2022. – No. 1. – S. 196-200.
PEDAGOGY AND LAW
VIRTA Denis Sergeevich
lecturer of Physical education sub-faculty of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
ZVEREV Andrey Vladimirovich
Ph.D. in Law, Head of Mobilization and tactical-special training sub-faculty of the Faculty of Law of the Academy of Law and Management of the FPS Russia, Ryazan
KULEEV Vladimir Yakovlevich
lecturer of Physical training sub-faculty of the Vladimir Law Institute of the FPS of Russia
FEATURES OF CONSTRUCTION OF THE TRAINING PROCESS OF ATHLETES FOR THE SERVICE-APPLIED SPORT “SERVICE BIATHLON” IN THE ANNUAL MACROCYCLE
The article describes: the features of training athletes for competitions in the service-applied sport “service biathlon” in the annual macrocycle in terms of combining the training process with the performance of official duties; psychological problems that arise when firing from military weapons; attention is paid to the moral and psychological preparation of biathletes.
Keywords: service biathlon, athlete, shooting training, physical training, psychological characteristics, annual macrocycle, training.
References
1. Astafiev K. A., Solonitsin R. A. Formation of the readiness of a penitentiary officer to perform operational tasks by means of summer service biathlon // Penitentiary system and society: interaction experience: Collection of materials of the VII International scientific and practical conference, Perm, April 02, 2020 / Compiled by V. A. Ovchenkov. Volume I. – Perm: Perm Institute of the Federal Penitentiary Service, 2020. – P. 264-266.
2. Pugachev A. V., Tarabrina K. S. Fundamentals of training athletes in summer service biathlon // Issues of organizing the training process in shooting service-applied sports in the system of the Ministry of Internal Affairs of Russia: an electronic collection of abstracts of the All-Russian Scientific and Practical Conference, Barnaul, 03 February 2019 / edited by S. K. Buryakov. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2019. – P. 31-33.
3. Slobodchikova T. A. Factors influencing the result of shooting among athletes specializing in service biathlon // Issues of organizing the training process in shooting service-applied sports in the system of the Ministry of Internal Affairs of Russia: an electronic collection of abstracts of the All-Russian Scientific and Practical Conference, Barnaul, February 03, 2019 / edited by S.K. Buryakova. – Barnaul: Federal State Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2019. – P. 37-39.
PEDAGOGY AND LAW
KASHIBADZE Alexander Georgievich
lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
THE INFLUENCE OF GAME SPORTS ON THE PHYSICAL DEVELOPMENT OF EMPLOYEES OF THE PENAL SYSTEM
This article actualizes the need to maintain good physical fitness of employees of institutions and bodies of the Penal system. The quality of performance of the official tasks facing employees of penitentiary institutions is directly related to the level of their physical fitness, which has a direct impact on physical performance and endurance. Physical education of employees should be supported as a result of constantly conducted physical training classes, attendance at which, due to official employment, is minimal and is of a formal nature.
The problem of developing methods for the formation and aspiration of employees of institutions and bodies of the penitentiary system of the desire for physical exercise is outlined. It is proposed to solve the problem by introducing the use of game sports into the practice of institutions within the framework of regularly held sports days. Game sports, having the opportunity to diversify leisure time, reduce stress after a working day, are able to attract the attention of employees and employees of the institution, increase interest and desire for physical development.
The relevance of this proposal is also explained by the fact that game sports not only maintain physical tone, but also have a positive effect on health, develop spatial orientation, coordination of movements, responsiveness, form neuropsychological stability and have a healing effect.
Thus, the prospect of introducing game sports into the practice of penitentiary institutions and bodies is highly relevant and needs to be considered and scientifically and practically comprehended.
Keywords: game sports, sports games, physical training, an employee of the penal enforcement system, physical education, physical health, motor skills, official activity, sports day.
References
1. Fizicheskajapodgotovkasotrudnikovugolovno-ispolnitel’nojsystemy: uchebnoeposobiedljasrednegoprofessional’nogoobrazovanija / Pod. red. V. N. Pozhimalina. – 2nd ed. pererab. i dop. – M. Jurajt, 2022. – 276 s.
2. V. A. Kaznacheev. Social’nye, gumanitarnye, medico-biological sciences. – 2020. – No. 74. – P. 26-30.
3. Novikov, A.V. – 2022. – No. 1. – P. 222-224.
PEDAGOGY AND LAW
MAKAEVA Guzal Zaynagievna
Ph.D. in philosophical sciences, associate professor of Foreign languages sub-faculty of the Institute of Economics and Management of Kazan State University of Architecture and Engineering
MAKAEV Khanif Fahretdinovich
Ph.D. in pedagogical sciences, associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
KONOVALOVA Elena Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Foreign languages sub-faculty of the Institute of Economicsand Management of the Kazan State University of Architecture and Engineering
DIGITAL EDUCATIONAL RESOURCES IN THE PROCESS OF FOREIGN LANGUAGE TRAINING OF LEGAL STUDENTS
In the educational space today, digital educational resources are becoming increasingly popular, which is especially evident in the university training of specialists in all fields, including legal. Recent experience during the pandemic period has shown the possibilities and effectiveness of using digital educational resources for distance learning activities at a university. The paper discusses the functionality of the Microsoft Teams online platform for language learning in all types of speech activity, vocabulary and grammar. The advantages and disadvantages of the considered platform are determined. Research methods were observation, analysis and comparison, training-practice-control. The results of the work revealed the prevalence of advantages over the disadvantages of using the Microsoft Teams online platform in the learning process. The results obtained can make a certain contribution to pedagogical science.
Keywords: Microsoft Teams online platform, language, student, speech activity, specialist, training, pedagogical science, method.
References
1. McBrien J. L., Cheng R., Jones P. Virtual spaces: Employing a synchronous online classroom facilitate student engagement in online learning // The International Review of Research in Open and Distributed Learning. – 10 (1 172020). – 2009.
2. Dhawan S. Online learning: A panacea in the time of COVID19 crisis // Journal of Educational Technology Systems. – 2020. – 49 (1). P. 5 22.
3. Keeton M. T. Best on lineinstructional practices: Report of phase Ion going study // Journal of Asynchronous Learning Networks. – 8 (2). – R. 75-100.
4. You, J.W., & Kang M. The role of academic emotions in the relationship between perceived academic control and self-regulated learning in online learning // Computers & Education. – 2014. – No. 77. – 125-133.
5. Savenye W. C. Improving Online Courses. What is Interaction and Why Use it? (Undetermined) // DistanceLearning. – 2005. – 2 (6). – R. 22-28.
6. Makayev Kh. F., Yahin M. A., Makayeva G. Z. Interlingua Interferences in English and Russian in Physics Field Propositos y Representaciones. – 2021. – No. 9. – R. 1019.
7. Makayev K. F., Baranova A. R., Sigacheva N. A. Ways of Vocabulary Enlargementsthe English Sublanguage of Physics // Journal of Research in Applied Linguistics. – 2019. – T. 10. No. S. – R. 793-801.
8. Baranova A. R., Makayev K. F., Sigacheva N. A. Diachronic tree of computer terms // Journal of Advanced Research in Dynamical and Control Systems. – 2019. – V. 11. No. 8 Special Issue. – P. 456-461.
PEDAGOGY AND LAW
MANDRYKA Yuliya Sergeevna
lecturer of Criminal process sub-faculty of the Rostov Law Institute of the MIA of Russia, major of police
ROMANOV Mikhail Sergeevich
Ph.D. in technical sciences, senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
AMIROVA Dilyara Kafilevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia, major of police
VALEEVA Gulshat Shakurovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
PEDAGOGICAL ASPECTS OF THE DEVELOPMENT OF POLICE OFFICERS’ READINESS FOR THE PREVENTION OF JUVENILE DELINQUENCY
This article examines the importance of developing the readiness of police officers to prevent juvenile delinquency. The article presents methods that can be used to improve the level of training of police officers in this area. Among such methods: the organization of special trainings and practical classes, the use of gaming technologies, as well as the importance of cooperation with other state and non-state organizations on the implementation of preventive work with minors.
Keywords: police officers, development, prevention, juvenile delinquency, improving the level of training.
References
1. Amelchakova V. N., Doroshenko O. M. On the issue of prevention and counteraction to juvenile delinquency // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-profilaktike-i-protivodeystviya-pravonarusheniyam-nesovershennoletnih (date of access: 06/21/2023).
2. Baev V. V., Bigaliyeva Ya. G., Isaenko A. S., Plutenko D. S. Juvenile delinquency // Kronos. – 2021. – No. 1 (51). [Electronic resourceWith]. – Access mode: https://cyberleninka.ru/article/n/prestupnost-nesovershennoletnih-1 (date of access: 13.02.2023)
3. Noskov O. S., Nosova D. Kh. Evaluation of the formation of the professional readiness of police officers for the prevention of delinquent behavior of minors // Bulletin of the UJUI. – 2021. – No. 2 (92). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otsenka-sformirovannosti-professionalnoy-gotovnosti-sotrudnikov-politsii-k-profilaktike-delinkventnogo-povedeniya (date of access: 06/21/2023).
4. Sadovnikova N. O., Hilyuk S. O. Structural and functional model of professional training of students of organizations of the Ministry of Internal Affairs of Russia for social and pedagogical rehabilitation activities. Izvestiya VGPU. – 2022. – No. 5 (168). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/strukturno-funktsionalnaya-model-professionalnoy-podgotovki-obuchayuschihsya-organizatsiy-sistemy-mvd-rossii-k-sotsialno (date of access: 06/07/2023).
5. Kuznetsova L. V., Osintseva L. M. A model for the formation of universal competencies of police officers through a case method of training in educational institutions of the Ministry of Internal Affairs of Russia // Police activity. – 2021. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/model-formirovaniya-universalnyh-kompetentsiy-sotrudnikov-politsii-posredstvom-keys-metoda-obucheniya-v-obrazovatelnyh (date of access: 06/27/2023).
6. Pozhidaeva E. Yu., Kolevatova A. S. Socio-psychological training as a method of influencing the personal and behavioral characteristics of people // Modern Pedagogical Education. – 2022. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskiy-training-kak-metod-vozdeystviya-na-lichnostnye-i-povedencheskie-harakteristiki-lyudey (date of access: 06/28/2023).
PEDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
SANKOV Pavel Anatoljevich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ZALAEV Rodion Danilovich
senior researcher of the Research Department of the Ufa Law Institute of the MIA of Russia
SOME PROBLEMS OF FIRE TRAINING OF POLICE OFFICERS
The article discusses some problems of fire training, provides statistical data on the use of service weapons, and also identifies the causes that lead to serious consequences. Recommendations are given for improving fire training in the internal affairs bodies, since the personnel of law enforcement agencies who professionally own firearms are required to perform only safe actions with weapons. Fire training is one of the most important sections of the service and combat training of employees of the internal affairs bodies, which is aimed at the formation, development and improvement of skills and abilities necessary for confident knowledge of when weapons performing operational and service tasks.
Keywords: fire training, police officer, weapons, crime, personnel, official tasks.
References
1. Akhiyarov R. A., Nikolaev N. Yu., Trofimov V. A. Stress and its impact on the daily and operational activities of a student (employee) of the Department of Internal Affairs // Eurasian Law Journal. – 2023. – No. 2 (177). – S. 341-342. – EDN EIKJRB.
2. Report of M. D. Krachinin at the meeting of the Ministry of Internal Affairs “Practical shooting in the system of combat training of the Ministry of Internal Affairs.” [Electronic resource]. – Access mode: http://textarchive.ru (date of access: 11/16/2022).
3. Nikolaev N. Yu., Akhiyarov R. A., Podkovka S. V. The role of fire training in shaping the personality of a student of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 2 (177). – S. 365-366. – EDN CHLHRX.
4. Fire training. Ways to improve professional skills: a textbook for a university / [edited by G.N. Budgayants]. – Lugansk, 2006. – 350 p.
5. Sidemin A. V. Training of police officers in the possession of firearms: a teaching aid. – Barnaul, 2019. – S. 30-47.
PEDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
MUSLIMOV Ayrat Ravilevich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
RESEARCH OF USING DIGITAL COMMUNICATIONS IN THE ACTIVITIES OF A MODERN COMPANY
The article presents the results of a study of digital communicationson the example of Russian organizations. Much attention is given to assess the impact of this factor on the staff satisfactions’ level. It is especially emphasized that the development of digital communications to ensure high-quality production processes and high staff’s satisfaction with their work requires close attention of management to organizing and filling of vertical and horizontal communication flows: between the head of the organization and employees, between the direct head of the department and employees, between employees of departments. According to the analysis, regular monitoring of these processes is important for understanding the direction of social changes, maintaining the specified characteristics of corporate culture. The aim of the study is the analyzes of these processes. It can help to prevent certain errors related to the activity in the future.
Keywords: company activity, labor organization, production processes, corporate interaction, competitiveness, target audience.
References
1. Astashina O. V. Communication strategies in the organization // Bulletin of Science and Education of the North-West of Russia. – 2015. – № 4.
2. Babosov E. M., Trus A. A. Features of communication in organizational models of various types // Bulletin of the Moscow University. Series 18: Sociology and Political Science. – 2015. – № 3.
3. Baldin K. V., Makridenko E. L., Tugusheva S. A. Organizational support of adaptive advancing management of an enterprise // Modern trends in the development of science and technology. – 2016. – № 11.
4. Doronina E. B. Improving the efficiency of creating and functioning of complex systems based on the analysis of communicative processes // ScienceTime. – 2016. – № 4.
5. Egorichev V. A., Malyarchuk P. I., Semenova N. K. A systematic approach to the study of organizational communications // Young scientist. – 2016. – № 10.
6. Egorshin A. P. Business communications. – M.: NIMB, 2015.
7. Konovalenko V. A., Konovalenko M. Yu., Shved N. G. Fundamentals of integrated communications. – M.: Yurayt, 2015.
8. Latypova E. R. Fundamentals of the theory of communication / International scientific and practical conference. Editorial Board: L. A. Abramova [and others]. 2017
9. Plaksa Yu. V. Modern methods of communication in organizations // Economics and entrepreneurship. – 2017. – No. 12-2.
PEDAGOGY AND LAW
KASHIBADZE Alexander Georgievich
lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
TACTICAL AND SPECIAL TRAINING AS A BASIC ELEMENT OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE PENAL SYSTEM
Tactical and special training is a discipline that forms the readiness of employees of the criminal intelligence and law enforcement agencies to act in extreme situations and make decisions in a constantly changing environment. One of the goals of moral and psychological training for cadets to act in extreme situations in the TST classes is to form a mental skill to anticipate future situations. The ability to predict the development of events is a necessary skill for an employee when performing a task in an extreme situation. With such a skill, the employee’s decision-making time is significantly reduced, which contributes to the fastest, and therefore, high-quality performance of the task.
Tactical and special training in general is a basic discipline in the training of employees of the penitentiary department of our state, since the tasks performed by employees are sometimes associated with the reflection of group disobedience, mass riots, etc. For the ability to act competently in such situations, theoretical and practical knowledge in the field of tactical and special training is necessary. To this end, special tactical exercises are conducted for existing employees to consolidate such knowledge, and for cadets of departmental educational institutions – lectures, seminars and practical classes on the discipline of TST.
Keywords: readiness, changing situation, reliability, preparedness, professional orientation, tactical and special training, penal enforcement system, extreme situation.
References
1. Chernov S. A., Sigurova O. Yu. Tactical and special training as a basic element of professional training of police officers // Truth and Law. – 2019. – No. 3 (9). – P.p. 72-74.
2. Galimova A.G., Kudryavtsev M.D. Interdisciplinary connection of training modules physical training, tactical and special training, fire training and personal safety // Physical culture and sport in the structure of vocational education: retrospective, reality and the future. Dedicated to the 300th anniversary of the Russian police. Materials of the interdepartmental round table, 2018. – Pp. 21-25.
3. Plokhikh G. I. Special training of employees of internal affairs bodies // Studies. manual; South West. gos. un-T. – Kursk, 2014. – 359 P.
4. Antonov M. E. Some problems of training in the discipline “tactical-special training” for students of the faculty of vocational training // Training of personnel for law enforcement agencies: modern trends and educational technologies. Materials of the twenty-sixth All-Russian Scientific and Methodological Conference. – Irkutsk, 2021. – Pp. 91-93.
MEDICAL LAW
TREFILOVA Violetta Vladimirovna
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
HISTORY OF MEDICAL LAW DEVELOPMENT IN RUSSIA
The article is dedicated to the history of development of medical law in Russia. It considers the main stages of medical law development from the 18th century up to the present time: from governmental resolutions on medical activity and regulation of the profession up to the creation of a legislative basis for the protection of patients’ and medical workers’ rights. It also describes the stages of establishment of medical institutions and formation of medical ethics in the country.
Keywords: medical law, history, Russia, legislation, medical institutions, medical ethics, patients, medical workers.
References
1. Akopov V. I. Law in medicine. – M.: Book-service, 2013. – 377 p.
2. Vorobieva L. V. Medical law. – Rostov n / D .: Phoenix, 2014. – 171 p.
3. Gusev A. Yu. Judicial protection of the right of Russian citizens to social security. – M.: Prospekt, 2020. – 112 p.
4. Diveeva N. I., Dobrokhotova E. N., Zakharov A. A. Social Security Law. Textbook and practice. – M.: Yurayt, 2017. – 384 p.
5. Zakharova N. A., Gorshkov A. V. Social security law. Tutorial. – M.: Omega-L, 2015. – 170 p.
6. Komkova G. N., Torosyan R. A., Sychev V. B. Social Security Law. Workshop. Textbook for academic baccalaureate. – M.: Yurayt, 2019. – 188 p.
7. Komkova G. N., Torosyan R. A., Sychev V. B. Social Security Law. Workshop. Textbook for open source software. – M.: Yurayt, 2019. – 188 p.
8. Kosarenko N.N. Social security law. Textbook. – M.: KnoRus, 2019. – 240 p.
9. Korobkina P. S. Historical aspects of the formation of medical law // International Journal of the Humanities and Natural Sciences. – 2023. – No. 2-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoricheskie-aspekty-formirovaniya-meditsinskogo-prava (date of access: 20.04.2023).
10. The right to social security. Textbook and workshop / Ed. Filippova M. V. – M.: Yurayt, 2019. – 406 p.
11. Suleimanova GV The right to social security. Textbook and practice. – M.: Yurayt, 2019. – 430 p.
12. Roericht A. A. Theoretical foundations of medical law: problems of formation and development. – M.: RAN INION, 2011. – 214 p.
13. Romanovsky G. B. Problems of the formation of medical law // Socio-political sciences. – 2012. – № 3. – P. 100-125.
14. Tuchkova E. G. The right of social security in Russia. – M.: Prospect, 2020. – 480 p.
PSYCHOLOGY AND LAW
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
YUMAGULOVA Nina Ivanovna
postgraduate student of the Institute of Education Development of the Republic of Bashkortostan; teacher of mathematics and computer science School № 64, Moscow
GADABORSHEVA Zarina Israilovna
Ph.D. in science psychologicals, associate professor of the Chechen State Pedagogical University
MATYUKHINA Oksana Sergeevna
Ph.D. in pedagogical sciences, associate professor of the A. G. and N. G. Stoletov Vladimir State University
EMPATHIC CULTURE AS A PREDICTOR OF EMOTIONAL DEVELOPMENT OF PERSONALITY: CONCEPTUAL ANALYSIS OF THE PROBLEM
The article presents the essential characteristics of empathic culture, presents its definitions, taking into account various approaches existing in domestic and foreign studies. The authors prove that empathic culture can be considered as a predictor of emotional development. In the content of the article, the authors emphasize the relationship of the content characteristics of the emotional development of a person with the manifestations of her empathic culture. Based on the generalization and systematization of domestic and foreign literature on the research problem, they come to the conclusion that empathic culture is the highest manifestation of the “I” in the aspect of the value-semantic sphere of a person, which ensures the development of his emotional intuition and emotional intelligence, influences the emotional development of a person in various periods of ontogenesis.< /p> Keywords: empathy, empathic culture, empathic abilities, empathic intuition, predictor, emotional development.
References
1. Bgazhnokov B.Kh. Culture of empathy // Ethnographic review. – 2003. – No. 1. – P. 55-68.
2. Budantsova A. A. Empathic culture of the student’s personality: essence, structure, ways of formation // Siberian Pedagogical Journal. – 2008. – № 13. – P. 110-122.
3. Draper N., Smith G. Applied regression analysis. – M., 1986. – 366 p.
4. Lebedeva Yu. V. Cross-cultural features of empathy (on the example of students from Russia and China): dis. … cand. psychol. Sciences. – Yekaterinburg, 2017. – 200 p.
5. Markina M. G. Specificity of research methods: the role of the female image in advertising // Advertising. – 2005. – No. 6. – [Electronic resource]. – Access mode: http://kogni.narod.ru/markina.htm. (date of access: 29.10.2022).
6. Nasenkova I. M. Education of empathic culture of high school students in the process of organizing business games. – Kazan: KGU, 1997. – 17 p.
7. Nasifullina A. N. The content and methods of forming empathic culture among students of a pedagogical university: dis. … cand. ped. Sciences: 13.00.01. – Kazan, 1993. – 179 p.
8. Pozhar T. V. Formation of empathic culture of a university teacher // Bulletin of the Institute of Human Education. – 2015. – No. 1. – P. 10. – [Electronic resource]. – Access mode: http://eidosinstitute.ru/journal/2015/100/ (date of access: 09/12/2022).
9. Potapova VD Functional system of psychological mechanisms of intuitive-perceptual fermentation. – Donetsk: Yugo-Vostok LLC, Ice, 2005. – 336 p.
10. Salamatina Yu. V. The system of formation of the empathic culture of future teachers and the conditions for its effective functioning // Modern problems of science and education. – 2014. – No. 5. – [Electronic resource]. – Access mode: http://www.science-education.ru/119-14645 (date of access: 09/12/2022).
11. Tavstukha O. G., Moiseeva A. N. The content and structure of the empathic culture of a preschooler // Internet journal “World of Science”. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://mir-nauki.com/PDF/38PDMN218.pdf (date of access: 12.09.2022).
12. Shmyreva O. I., Koval N. A. Emotional development: process and content // Bulletin of TSU. – 2015. – Issue. 4 (4). – P. 5-12.
13. Shondina I. A. The development of empathic culture of students as a priority problem of training specialists in demand in modern society // Pedagogical science and education: theme. Sat. scientific tr. / resp. ed.A.Ya. Nine. – Chelyabinsk: UralGUFK, 2011. – Issue. 11. – P. 195–202.
14. Greck de M., Shi Z., Wang G., Zuo X., Yang X., Wang X., Northoff G., Han S. Culture modulates brain activity during empathy with anger // NeuroImage. – 2012. – No. 59 (3). – PP. 2871-2882.
15. Hoffman M. L. Empathy and moral development. – Cambridge: Cambridge University Press, 2000. – 331 p.
16. Majnemer A., Rosenblatt B., Riley P. Predicting outcome in high-risk newborns with a neonatal behavioral assessment // Am. J. Occup. Therapy. – 1994. – V. 48. – No. 8. – Prop. 1-12. DOI:10.5014/AJOT.48.8.723.
17. Rodgers C. R. A theory of therapy, personality and interpersonal relationships as development in the client-centered framework // Psychology: a study of a science. E. d. by S / Koch, N.V.: Random, Hous, 1959. – P. 184-256.
LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
IAGAFAROV Aidar Ildusovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
COMMUNICATIVE PERSONALITY AS A SOCIAL PHENOMENON
The article analyzes the concepts of a communicative personality. Various ways of understanding the structure of a linguistic-communicative personality are considered. Integration into society is the main condition for the formation and development of personality. The study of a communicative personality can have a different degree of depth depending on the purpose of the study. It is a useful practice for developing the skills of observation and critical analysis of human social behavior and at the same time an exciting activity in terms of self-knowledge of speech activity in various communicative areas. The authors note that the main features of a communicative personality are due to a combination of individual properties and characteristics that provide the abilityto choose the best way to transmit information in a particular situation as well as adequately perceive information. The assessment of a communicative personality as a social phenomenon depends on the degree of efficiency in the performance of basic socially significant functions. The article considers social attitudes, which are the main tools for building effective communication in a certain circle. Cognitive, motivational and functional parameters characterize the effectiveness of communications in relation to certain social groups.
Keywords: linguistic personality, structure of a communicative personality, communicative needs, communicative competence, interaction.
References
1. Borisnev S. V. Sociology of communication: Proc. allowance for universities. M.: UNITY-DANA, 2003. 270 p.
2. Gutnik E. P., Sheremetyeva E. V. Modern theoretical ideas about communicative competencies // Young scientist. 2016. No. 27.
3. Dobrynin Η. F. Activity of the individual and the principle of significance // Problems of personality. M 1969;
4. Zharkikh N. G. Features of the communicative competence of students with different types of reactions in situations of frustration. Abstract of the dissertation … cand. psychol. Sciences. M., 2013
5. Karaulov Yu. N. Language and personality. M.: Nauka, 1989.
6. Kashkin V. B. Fundamentals of communication theory: A short course. – 3rd ed., revised. and additional M.: AST: East – West, 2007. 256 p.
7. Kiryanov V.I., Sergeeva O.V. Sociology of communication: Educational and methodical manual. Volgograd: VolGU Publishing House, 2004. 56 p.
8. Kovalev A. G. Psychology of personality. M.: Enlightenment, 1970;
9. Konetskaya V. P. Sociology of communications. Textbook. Moscow: International University of Business and Management, 1997. 304 p.
10. Latypova E. R. Fundamentals of communication theory / International scientific and practical conference. Editorial Board: L. A. Abramova [and others]. 2017.
11. Marisova L. I. On the motivational and need basis of communication. Berlin, 1978.
12. Michurova, A. A. Linguistic personality and the problem of communicative competence / Philology and linguistics: problems and prospects: materials of the III Intern. scientific conf. St. Petersburg: Own publishing house, 2018. P. 20-22.
13. Obukhovsky K. Psychology of human drives: Per. from Polish. M.: Progress, 1972.
14. Parygin B. D. Fundamentals of socio-psychological theory. M.: Thought, 1971.
15. Petrovsky A. V. Personality. Activity. Collective. M.: Politizdat, 2007.
16. Sablina S. G. Communication and public relations: Western theories, methodology, practice: Textbook. Novosibirsk: Publishing House of the Novosibirsk State University, 2007. 228 p.
17. Sharkov F.I. Fundamentals of communication theory: Textbook for universities. M.: Publishing House “Social Relations”, 2009. 245 p.
ECONOMY. RIGHT. SOCIETY
ALEKHIN Daniil Sergeevich
magister student of the Astrakhan State Technical University
ARYKBAEV Ravil Karimovich
Ph.D. in economical sciences, professor of the Astrakhan State Technical University
THE IMPORTANCE OF PROGRAM-TARGET MANAGEMENT IN THE ECONOMY OF THE ASTRAKHAN REGION
In the Astrakhan region, program and target management is carried out in accordance with the Program of socio-economic development (developed for periods) and industry programs. Despite the achieved results of program-targeted management, the article raises the problem fields of this sphere and suggests the use of clustering to achieve the greatest efficiency.
Keywords: program-target management, Astrakhan region, economic development, budget financing.
Reference list
1. Andreev A. A. Program-targeted approach to the socio-economic development of the municipality // Economics and society. – 2017. – No. 3 (34). – S. 36-37.
2. Astrakhan region in numbers. Brief collection. Official publication. – Astrakhan, 2022. – 90 p.
3. Baranov M. B. Evaluation of the effectiveness of local government // Vector of science. – 2015. – No. 13. – P. 485-487.
4. Bardovsky V. P. Market infrastructure and socio-economic development of municipalities // Economic environment. – 2017. – No. 1 (19). – P. 123-128.
5. Vasilenko Zh. A. Analysis of the strategic planning system of the federal, regional and municipal levels // Economics and society. – 2017. – No. 11 (42) – S. 57-59.
ECONOMY. RIGHT. SOCIETY
GAYSINA Albina Venerovna
senior lecturer in Economy and strategic development sub-faculty of the Ufa State Petroleum Technical University
THE IMPORTANCE AND ROLE OF THE INSTITUTION OF THE FAMILY IN THE FORMATION OF HUMAN CAPITAL
In this paper, such categories as human capitalal and the institution of the family are considered in the relationship. The main attention is paid to the issues of the influence of the institution of the family on the formation of human capital in the historical context and at the present stage of economic development.
Keywords: human capital, education, transformation processes, knowledge economy.
References
1. Anikin V. A. Human capital: formation of the concept and basic interpretations // Economic sociology. – 2017. – No. 4. – P. 120-155.
2. Gaisina A. V. The relationship between the standard of living and the development of human capital // Eurasian legal journal. – 2020. – No. 12 (151). – P. 470-471.
3. Schult T. Fertility and Economic Values. Part I: the Value of Children. In: T.W. Schultz (ed.). Economics of the Family. Chicago. – London: University of Chicago Press, 1974. – P. 3-14.
4. Gaisina A. V., Nusratullin V. K. On ensuring high rates of development of the Russian economy // Management of economic systems: electronic scientific journal. – 2018. – No. 3 (109). – S. 32.
5. Gaisina A. V., Kharisova A. Z., Apokina K. V. Ergonomic indicators of the workplace as factors influencing human capital in the context of digitalization // Vestnik UGNTU. Science, education, economics. Series: Economy. – 2022. – No. 1 (39). – P. 30-34.
ECONOMY. RIGHT. SOCIETY
KLYAVLINA Yana Marsovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
KURBANGALEEVA Adelina Rustemovna
student of the Ufa State Petroleum Technical University
GARIFULLIN Bulat Askhatovich
magister student of the Ufa State Petroleum Technical University
AMANDOS Kasymkhan Talgatuly
student of the Ufa State Petroleum Technical University
REGULATION OF PRICES (TARIFFS) IN THE FIELD OF HEAT SUPPLY
In this article, the task is to study and analyze the mechanisms and methods of regulating prices for heat supply, as well as to assess their effectiveness. The basic principles of the formation of tariffs for heat supply and factors affecting the change in prices for thermal energy are also considered. In particular, the influence of various factors on the formation of prices for thermal energy, such as changes in prices for resources, is analyzed, and the statistics of prices for thermal energy according to the Federal State Statistics Service for 2023 are presented. p> Keywords: tariffs, prospects for price development, energy carriers, methods of tariff regulation, economic efficiency, thermal energy, price regulation.
References
1. Official website of the FAS Russia. [Electronic resource]. – Access mode: http://www.fas.gov.ru/.
2. Official website of the federal state statistics service. [Electronic resource]. – Access mode: https://rosstat.gov.ru.
3. Decree of the Government of the Russian Federation of October 22, 2012 No. 1075 “On pricing in the field of heat supply”.
4. Order of the Federal Tariff Service of Russia dated June 13, 2013 No. 760-e “On Approval of Guidelines for the Calculation of Regulated Prices (Tariffs) in the Sphere of Heat Supply”.
5. Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply”.
ECONOMY. RIGHT. SOCIETY
PIMENOVA Oksana Valerjevna
Ph.D. in economical sciences, associate professor of Customs and legal support of foreign economic activity sub-faculty of the Ulyanovsk State University
DOCTRINAL CONCEPTS OF REGIONAL INTEGRATION
The article examines theoretical approaches to understanding the nature, essence and role of integration processes in modern economics in the XX and XXI centuries, prerequisites and motives for the creation of trade unions between the states, factors implicating the choice of forms and models of integration processes in the world economy. The author analyzes a number of changes in integration processes, including the inevitable transition from “closed regionalism” to a more open model of integration and the growing number of regional unions between the states driven by economic and political reasons.
Keywords: globalization, regional economic integration, regionalism, regional integration models.
References
1. Asymmetries of regional integration projects of the XXI century / [under. ed. V. I. Mikhailenko]; Ministry of Education and Science Ros. Federation, Ural. feder. un-t. – Yekaterinburg: Ural Publishing House. un-ta, 2018. – 476 p.
2. Butorina O. V., Zakharov A. V. On the scientific basis of the Eurasian Economic Union // EvraAsian Economic Integration. – 2015. – No. 2 (27). – P. 52-68.
3. Lagutina M. L., Mikhailenko E. B. Regionalism in the global era: a review of foreign and Russian approaches // Vestnik RUDN. Series: International relations. – 2020. – No. 2. – P. 261-278.
4. Lagutina M. L., Naboka A. V. Geopolitical prospects for the development of Eurasian integration // Management consulting. – 2014. – No. 9 (69). – P. 48-57.
5. Libman A. M., Kheifets B. A. Models of regional integration. – Moscow: Economics, 2011. – 332 p.
6. Nathan R. P., Hoffmann E. P. Modern federalism // International life. – 1991. – No. 4. – P. 34-49.
7. Osadchaya G. I. Eurasian Economic Union: development potential, format of cooperation. – M.: Publishing house “Econ-Inform”, 2021. – 346 p.
8. Rogova I. A., Palvanov A. M. International economic integration: specifics and prospects of Eurasian regional associations // Bulletin of the State University of Management. – 2017. – No. 11. – P. 115-122.
9. Ushkalova D. I. Models of economic integration and their typology // Bulletin of the Institute of Economics of the Russian Academy of Sciences. – 2016. – No. 3. – P. 158-170.
10. Balassa B. The Theory of Economic Integration. London: George Alien & Unwin. – 1961. – 304 rubles
11. Federalism and economic reform: International Perspectives / Ed. by J. S. Wallack, T. N. Srinivasan. – Cambridge, New. York: Cambridge University Press, 2006. – 498 p.
12. Haas E.B. The Uniting of Europe. Political, Social and Economic Forces, 1950-1957. – University of Notre dame Press, 2004. – 592 p.
13. Kirillov Y., Paweta E. Modern trends in international economic integration development // International Economics, University of Lodz, Faculty of Economics and Sociology. – 2014. – Issue 8. – P. 199-208.
14. Lindberg L. The Political Dynamics of European Economic Integration. – Stanford, 1963. – 367 p.
15. Pierson P. The Path to European Integration: A Historical Institutionalist Analysis // Comparative Political Studies. – 1996. – Vol. 29. – Issue 2. – P. 123-163.
16. Pollack M.A. Delegation, Agency and Agenda setting in the European Community // International Organization. – 1997. – Vol. 51.-No. 1. – P. 99-134.
17. Sapir A. European Integration at the Crossroads: A Review Essay on the 50th Anniversary of Bela Balassa’s Theory of Economic Integration // Journal of Economic Literature. – 2011. – Vol. 49.–No. 4. – P. 1200-1229.
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 of the Federal Penitentiary Service of Russia
ORGANIZATIONAL AND ECONOMIC RISKS IN THE DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT ON THE CREATION OF INSTITUTIONS OF THE PENAL SYSTEM OF THE COMBINED TYPE
The article discusses the organizational and economic risks that management may face during the construction of joint-type penal institutions for the detention of suspects, accused and convicted persons. As conclusions, separate assumptions are made regarding the positive and negative aspects of the project implementation and the prospects for its dissemination.
Keywords: risk, production, interaction, human resources, client-centric approach, penal enforcement system.
References
1. Elchaninov A.P. On some potential risks of designing and organizing the activities of institutions of a united type of penal system in the Russian Federation. Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. 2022. No. 2 (45). pp. 4-51.
2. Bogachev S. N., Shkolnikov A. A., Rozentul R. E., Klimova N. A. Construction risks and possibilities of their minimization // Academy. Architecture and construction. 2015. P. 88-92.
3. Kozin MN Economics of the penitentiary system: conceptual problems and development prospects // In the collection: Scientific works of FKU Research Institute of the Federal Penitentiary Service of Russia. Scientific and practical quarterly publication. Moscow, 2019. P. 168-172.
4. Shamsunov S.Kh. Accounting for historical experience in developing the concept of development of the penitentiary system of the Russian Federation until 2030 // Criminal Executive Law. 2020. V. 15. No. 1. P.29-32.
5. Grishin D. A., Pavlova L. V. Organization and othersThe fundamental principles of financial support and departmental financial control of institutions and bodies of the Federal Penitentiary Service of Russia in the context of reforming the penitentiary system. Tutorial. Ryazan, 2010.
6. Radchenko E. P., Vdovina A. N. Attracting off-budget investments as a way to ensure the economic security of public-private partnership projects // Man: crime and punishment. 2022. V. 30. No. 2. S. 206-215.
7. Federal Law of July 13, 2015 No. 224-FZ “On Public-Private Partnerships, Municipal-Private Partnerships in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” [Electronic resource] // SPS Consultant Plus”< br /> 8. Pavlova L. V., Radchenko E. P. On improving the legal regulation of the implementation of public-private partnership agreements in the penitentiary system of Russia // Bulletin of the penitentiary system. 2023. No. 4 (251). P. 50-55.
ECONOMY. RIGHT. SOCIETY
SEDYKH Vladimir Alexandrovich
Ph.D. in agricultural sciences, Ph.D. in biological sciences, chief 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
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 of the Federal Penitentiary Service of Russia
TOPICAL ISSUES OF CREATING A DIGITAL LAND USE PROJECT IN THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The paper considers the issues of rational use of land agricultural in the penal system of the Russian Federation and legal conflicts related to the use of this land. The study of this topic will allow not only to solve issues related to the preservation and development of their own agriculture, improve the production and financial situation of institutions of the penal system of the Russian Federation, increase the employment of convicts, but also to preserve land for the reliability and stability of agricultural food supplies. For this purpose, the authors have developed a digital land use project based on the surveying of agricultural plots.
Keywords: law, probing of the earth, permanent indefinite use, employment of convicts, penal enforcement system.
References
1. Decree of the Government of the Russian Federation of April 29, 2021 No. 1138-r “On approval of the Concept for the development of the penitentiary system of the Russian Federation for the period up to 2030” // ATP Consultant Plus.
2. Federal Service for State Registration, Cadastre and Cartography (Rosreestr). – [Electronic resource]. – Access mode: http://https://rosreestr.gov.ru/ (date of access: 02/01/2023).
3. Land resources of the USSR. Natural-agricultural zoning of the territory of regions, territories and republics. – M., 1990. – 260 p.
4. Metelkin A. S. Migration of heavy metals in the soil-plant chain on farm lands with varying degrees of pollution in the central region of the Non-Chernozem zone of Russia: dissertation of a candidate of biological sciences: 03.00.16 / [Place of defense: Ros. state agrarian in absentia university]. – Moscow, 2008. – 180 p.
5. Unified State Register of Soil Resources of Russia. – [Electronic resource]. – Access mode: https://egrpr.esoil.ru (date of access: 04/01/2023).
6. Reproduction of soil fertility and their rational use: materials of the International scientific and practical conference dedicated to the 90th anniversary of the birth of Doctor of Agricultural Sciences, Honored Scientist of the Udmurt Republic, Honorary Worker of the Higher School of the Russian Federation Professor V.P. Kovrigo, 24-25 May 2018 / Udmurt. feder. research Ural center. Department of Ros. acad. Sciences, Izhev. state s.-x. acad.; [res. for issue A. V. Lednev]. – Izhevsk: IzhGSHA, 2018. – 335 p.
7. Shchedrin V. N., Kolganov A. V., Vasiliev S. M., Churaev A. A. Irrigation systems in Russia: from generation to generation: monograph. – At 2 o’clock – Part 2. -Novocherkassk: Helikon, 2013. – 307 p.
ECONOMY. RIGHT. SOCIETY
KHODKOVSKAYA Yuliya Viktorovna
Ph.D. in economical sciences, associate professor of Economics and strategic development sub-faculty of the Ufa State Petroleum Technological University
YAKOVLEVA Radmila Petrovna
magister student of the program of World Economy and International oil and gas business of Economics and strategic development sub-faculty of the Ufa State Petroleum Technological University
THE ROLE OF GEOPOLITICAL CONFLICTS IN THE TRANSFORMATION OF THE GLOBAL OIL AND GAS MARKET
The article examines the role of the geopolitical factor in the transformation of the global oil and gas market in historical and modern contexts. The main trends in the formation of a new economic reality in the context of the sanctions policy implemented by Western countries against Russia are presented. Based on the analysis carried out several priority areas of development of the Russian oil and gas industry have been identified in order to maintain a leading position and increase competitiveness in the global oil and gas market.
Keywords: geopolitical factor, global oil and gas market, anti-Russian sanctions, diversifications.
References
1. Komshukova OV Sanctions against Iran: goals and consequences. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sanktsii-v-otnoshenii-irana-tseli-i-posledstviya/viewer (date of access: 06/14/2023).
2. World wars of the XX century. Book. 3: World War II. – M., 2002. – S. 354.
3. Russia sanctions Dashboard. [Electronic resource]. – Access mode: https://www.castellum.ai/russia-sanctions-dashboard (date of access: 06/15/2023).
4. Timofeev I. N. Doubtful efficiency? Sanctions against Russia before and after February // Russia in Global Affairs. – 2022. – T. 20. – No. 4. – S. 136-152.
5. BP Energy Outlook 2020. [Electronic resource]. – Access mode: https://www.bp.com/content/dam/bp/business-sites/en/global/corporate/pdfs/energy-economics/energy-outlook/bp-energy-outlook-2020.pdf ( accessed: 14.06.2023)
6. The energy transition didn’t go according to plan. Vedomosti. [Electronic resource]. – Access mode: https://www.vedomosti.ru/economics/articles/2021/09/14/886670-energo perehod-planu (date of access: 06/15/2023).
7. Save who can. Rosneft CEO Igor Sechin spoke at the Energy Panel at SPIEF. [Electronic resource]. – Access mode: https://neftegaz.ru/news/companies/783898-spasaysya-kto-mozhet-glava-rosnefti-i-sechin-vystupil-na-energeticheskoy-paneli-v-ramkakh-pmef (date of access: 18.06 .2023).
8. Sechin announced the complete dependence of Europe on US energy resources after the refusal of gas from the Russian Federation. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/18046551 (date of access: 06/18/2023).
9. Global Economy on Precarious Footing Amid High Interest Rates. [Electronic resource]. – Mode of access: https://www.worldbank.org/en/news/press-release/2023/06/06/global-economy-on-precarious-footing-amid-high-interest rates?intcid=ecr_hp_headerL_en_ext (date accessed: 06/18/2023).
10. Russia will redirect to Asia over 60% of the oil supplied to Europe. Businessman. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5954853 (date of access: 06/15/2023).
11. Safonova T. Yu. Prospects for the development of Eurasian integration in the field of expansion of export cargo flows of Russian gas to friendly countries against the background of the escalation of the energy crisis in the world // Eurasian integration: economics, law, politics. – 2023. – No. 17 (1). – S. 64–75. [Electronic resource]. – Access mode: https://doi.org/10.22394/2073-2929-2023-01-64-75 (date of access: 06/17/2023).
12. Gazprom presented its concept of a gas hub to Turkey. RBC. [Electronic resource]. – Access mode: https://www.rbc.ru/rbcfreenews/648316019a79476749df916d (date of access: 06/17/2023).
ECONOMY. RIGHT. SOCIETY
ALEKHIN Daniil Sergeevich
magister student of the Astrakhan State Technical University
PEREPECHKINA Elena Gennadjevna
Ph.D. in economical sciences, associate professor of the Astrakhan State University
CLUSTERING AS A TOOL FOR CREATING A REGIONAL ECONOMIC MANAGEMENT SYSTEM IN THE CONTEXT OF DIGITALIZATION
Program-target management is a form of implementation of state management of the regional economy. In such a situation, the implementation of sectoral management and development can be carried out using a cluster approach that contributes to the formation of “growth poles” of the regional economy. The use of this approach allows for management based on monitoring the achievement of goals developed within the framework of programs.
Keywords: clusters, economy, control, networking, regions, development.
References
1. Gichiev NS Cluster analysis in the economy: theoretical aspect // Regional problems of transformation of the economy. – 2020. – No. 8 (118). – C. 176-186.
2. Demichev V.V., Maslakova V.V., Nestratova A.A. Clusterization of Russian regions according to the level of agricultural efficiency // Accounting in agriculture. – 2020. – No. 12. – P.58-66.
3. Isaev VG, Protasov Yu.M., Yurov VM Clusterization of organizations of higher education in the Moscow region based on the results of monitoring their activities. Series: Economy. – 2021. – No. 1. – P.93-101.
4. Kostina S.N., Trynov A.V. Cluster analysis of the dynamics of the birth rate of fourth and subsequent children in the regions of the Russian Federation // Economic and social changes: facts, trends, forecast. – 2021. – V.14. – No. 3. – P.232-245.
5. Kuznetsov VN The use of cluster analysis to assess the transport system of regions of the Russian Federation // Universitetskaya nauka. – 2020. – No. 1 (9). – P.71-73.
ECONOMY. RIGHT. SOCIETY
VITYAZEVA Anna Andreevna
postgraduate student of International finance sub-faculty of the Faculty of International Economic Relations of the MGIMO (U) of the MFA of Russia
GREEN FINANCE MARKET IN RUSSIA: PROSPECTS OF DEVELOPMENT
The article is dedicated to the analysis of the current state of the green finance market in Russia. Despite the fact that the green finance market in Russia is at the initial stage of development, “green” financial instruments are becoming increasingly popular, ESG agenda does not lose its relevance despite the current geopolitical situation and the partial breakdown of relations with foreign counterparties. The purpose of the study is to determine the future prospects for the development of green finance market, taking into account the changed external conditions. The paper concludes on the possible directions and trends in the development of green finance in Russia.
Keywords: green finance, green financing, green economy, sustainable development, green bonds, green loans.
References
1. “The image component will lose its importance, those who really need it will continue to invest in ESG.” [Electronic resource]. – Access mode: https://mustread.kept.ru/interviews/imidzhevaya-sostavlyayushchaya-poteryaet-znachenie-investirovat-v-esg-prodolzhat-te-komu-eto-deystvi/ (date of access: 03/12/2023)
2. “Forecast of the long-term socio-economic development of the Russian Federation for the period up to 2030” (developed by the Ministry of Economic Development of Russia). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_144190/
3. The Bank of Russia is expanding the range of sustainable development financing instruments. [Electronic resource]. – Access mode: https://www.cbr.ru/press/event/?id=14327 (date of access: 12.03.2023)
4. The ESG agenda needs a proactive approach. [Electronic resource]. – Access mode: https://bosfera.ru/bo/v-esg-povestke-neobhodim-proaktivnyy-podhod (date of access: 12.03.2023)
5. Annual report “ESG, decarbonization and green finance in Russia 2022” Source: expert and analytical platform “Infrastructure and finance for sustainable development” INFRAGRIN. [Electronic resource]. – Access mode: www.infragreen.ru (date of access: 12.03.2023)
6. Climate Doctrine of the Russian Federation. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_94992/909fe05faf4cc71c8a6b79408d600dcb73cc272e/
7. Main directions for the development of the financial market of the Russian Federation for 2023 and the period of 2024 and 2025. [Electronic resource]. – Access mode: https://www.cbr.ru/Content/Document/File/143773/onfr_2023-2025.pdf (date of access: 03/12/2023)
8. Energy strategy of the Russian Federation for the period up to 2035. [Electronic resource]. – Access mode: https://minenergo.gov.ru/node/1026?accessible-color=1
ECONOMY. RIGHT. SOCIETY
GADIROV Amal Allahveran ogly
master of the Moscow State Institute of International Relations (U) of the MFA of Russia
TRANSITION TO ENVIRONMENTALLY FRIENDLY AND RESOURCE-SAVING ENERGY
Today, the issue of low-carbon energy and its development is often found on the international energy agenda. This topic is actively covered not only in the scientific literature, but also in the framework of international events and summits, while in its modern form it was formed in 2015 under the Paris Agreement. It should be noted that approaches to the problem of low-carbon energy, despite active coverage in the scientific literature, have not exhausted themselves and continue to be actively explored in the Russian and foreign scientific environment, as they have a great potential for conjugation with adjacent areas of scientific knowledge. The article presents a historiographical review of the issue of low-carbon energy, a literary analysis of problematic topics and white spots in the development of low-carbon energy, and an analysis of Russian approaches to this issue. An analysis of the Strategy for Scientific and Technological Development of the Russian Federation is presented, within the framework of which an analysis of that part of it that relates to the development of green energy is carried out. Among the main results of the study stands out: proof of a large number of unexplored elements of the topic, the high importance of low-carbon energy for the development of the industry as a whole; identification of the main theoretical and practical directions for the development of low-carbon energy in Russia, considering the specifics of the energy industry in the country. The limitations of the study, dictated by its nature and objectives, include the lack of a review of statistical sources, but this limitation does not affect the disclosure of the objectives of the study.
Keywords: energy transition, low-carbon energy, green energy, sustainable development, ecology.
References
1. Mehdiev E. T., Sodikov Sh. D. On interregional energy projects with the participation of Central Asian countries (Tapi, Tutap, Iran – Pakistan, Casa-1000) // International relations. – 2017. – No. 3. – P. 68-79.
2. Guliyev I. A., Solovova Yu. V. Adaptation of the corporate and innovation strategy of international oil and gas companies to the trends of the energy transition // Economics: yesterday, today, tomorrow. – 2021. – T. 11. – No. 8-1. – P. 262-269.
3. Sokolova E. S., Egorova L. I., Mekhdiev E. T., Toropova N. V. Shale revolution in the world: achievements and prospects // Oil and gas business. – 2020. – T. 18. – No. 4. – S. 27-39.
4. Bessel V. V., Kucherov V. G., Lopatin A. S., Mingaleeva R. D. Renewable energy in the system of world energy supply / General. ed. K. E. Turbina, I. Yu. Yurgens. – M.: Aspect Press, 2022.
5. Aliev R. A., Zakharcheva K. S. Decarbonization of the world economy as a factor in changing the strategies of energy companies in the 21st century. – M.: MGIMO-University, 2021.
ECONOMY. RIGHT. SOCIETY
NGUYEN Thi Linh
postgraduate student of the Vietnam National University, Hanoi
EMPLOYMENT AND INCOME OF WORKERS IN THE INFORMAL ECONOMY IN VIETNAM
The informal economic sector accounts for a large proportion of the Vietnamese economy. The article is attached to describing the current situation of employment and income of workers in the informal economic sector in Vietnam in the context before and during the Covid-19 epidemic. The Covid pandemic has had a strong impact on all areas of social life. Especially, the disadvantaged group of workers in society is heavily affected by the pandemic.
Keywords: informal economy, workers, employment, income.
References
1. ILO.2016. Informal Work Report 2016
2. ILO.2020, Covid-19 and the world of work.
3. ILO.2020a. The COVID-19 pandemic in Vietnam’s labor market.
4. ILO. 2021b. Global Employment and Social Outlook Trends 2021 Overview.
5. ILO.2020. Covid-19 and jobs: impact and solutions.
6. Main Statistical Office. 2022, Vietnam Informal Employment Survey.
7. To Chong Hung. 2021, Assessing Viet Nam’s Informal Sector Income, Expenditure, and Vulnerability Sustainability: A Layered Analytical Model.
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
TRENDS IN THE INFLUENCE OF DIGITALIZATION ON THE IMPROVEMENT OF PERSONNEL WORK IN MODERN CONDITIONS
The article deals with the issues of improving the efficiency of personnel work arising as a result of the deepening influence of digitalization on all areas of work with personnel. The necessity of using HR technologies to optimize organizational mechanisms for working with personnel and their universality for private enterprises and public institutions is reflected. The author analyzes the features of the introduction of digitalization technologies in the labor market and in the organization of personnel work – automation of employee recruitment, which significantly simplify the functional responsibilities of HR managers and at the same time increase the efficiency of their activities.
Keywords: digitalization, personnel management, recruiting, HR management, digitalization.
References
1. Kaufman N. Yu. The genesis of conflicts in the development of the labor market in the digital economy. Bulletin of the University. – No. 5. – P. 16-22.
2. Kaufman N. Yu. HR technologies in the personnel services market: digitalization of recruiting // Modern research into the problems of human resource management. Collection of scientific articles of the VII International Scientific and Practical Conference. – Moscow, 2022. – P. 158-161.
3. Olshevsky A. V. Digitalization of personnel work in the internal affairs bodies of the Russian Federation // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – P. 81-86.
4. Romanova E. V., Arzhanukhin S. V. The index of digitalization of the organization’s personnel work // Student Scientific Forum 2020. Proceedings of the International Student Scientific Conference. – Moscow, December 01, 2019 – March 06, 2020 / Edited by N. E. Starchikova, responsible. secretary N. I. Nefedova. – Saratov: Eurasian Scientific and Industrial Chamber LLC, 2020. – P. 66-69.
ECONOMY. RIGHT. SOCIETY
SARBAEV Rais Railevich
postgraduate student of the Ufa State Petroleum Technical University
METHODOLOGICAL ASPECTS OF ASSESSING THE RESOURCE BASE OF THE MINING AND METALLURGICAL COMPLEX
The article presents the results of an analytical study of methodological aspects of assessing the resource base, presents their comparative characteristics and examines the very content of the concept of “resource base of the mining and metallurgical complex”.
Keywords: resource base, mining and metallurgical complex, assessment methods.
References
1. Antipenko A. A. Assessment of the state of the Russian industry of metallurgical production // Bulletin of the Omsk University. Series “Economics”. – 2022. – V. 20. No. 3. – S. 5-15
2. Burtseva I. G. Methodological bases for assessing the mineral resource potential: international and Russian experience // News of the Komi Scientific Center of the Ural Branch of the Russian Academy of Sciences. Series “Economic Sciences”. – Syktyvkar, 2021. – No. 2 (48). – P. 61-70.
3. Vysochina M. V., Sulyma A. I. Assessment of the quality of resources in the management process. Bulletin of the Baikal State University. – 2021. – V. 31. No. 1. – S. 25–33
4. Lyutyagin D. V., Zabaikin Yu. V., Seifullaev B. M. Problems of methodological support of the geological and economic assessment of mineral deposits in Russia // Economics: yesterday, today, tomorrow. – 2019. – Volume 9, No. 9B. – P. 483-495.
5. Logvinenko O. A. Transformation of views on the content and methods of economic evaluation of resources of natural origin. Izvestiya USGU. – 2019. – Issue. 4 (56). – P. 160-168.
6. Yurak VV, Ignatieva MN, Polyanskaya IG Teoriya otsenki resursov v ekonomiki prirodopol’zovaniya: territorial’noe aspekt [Theory of resource assessment in environmental economics: territorial aspect]. Economy of the region. – 2021. -T. 17. Issue. 4. – S. 1059-1078.
7. Makhovikova G. A., Kasyanenko T. G. Evaluation of land and natural resources: a tutorial. – Moscow: KNORUS, 2016. – 365 p.
PHILOSOPHY. RIGHT. SOCIETY
BURLOVA Yuliya Alexandrovna
Ph.D. in Law, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
THE INFLUENCE OF NORMATIVE CONSCIOUSNESS ON THE DYNAMICS OF SOCIAL DEVELOPMENT
The article discusses the mechanisms of the influence of normative consciousness and normative systems on the dynamics of social development, which lie in the fact that any social action always turns out to be normalized. This normativity is manifested not only in the momentary pouring of social practices and social action, but also in the fact that through normative systems there is a separation and transformation of cultural forms – the alienation of the content of normative consciousness from the normative existence of society and their consolidation as external determinants (social ideals). Methodologically, materialistic and idealistic approaches to the study of normative consciousness differ: in the materialist tradition, the alienated content of normative consciousness is presented as the basis of a worldview, while in idealism, researchers deny the objective foundations of a worldview.
Keywords: normative consciousness, public consciousness, social dynamics, activity approach, transformed cultural form, social regulator.
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PHILOSOPHY. RIGHT. SOCIETY
VASENKIN Alexey Vadimovich
Candidate of Philosophical Sciences, Associate Professor, Department of History and Philosophy, Irkutsk National Research Technical University
SOCIAL AND PHILOSOPHICAL ASPECTS OF THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
The article discusses some socio-philosophical aspects of the development of artificial intelligence. Three well-known laws of robotics described by A. Azimov are updated. The expediency of creating and developing systems with strong artificial intelligence is substantiated. Appropriate arguments are given that the development of artificial intelligence is a process of inevitable scientific, technical and social evolution. It is indicated that this development should be carried out taking into account the modern universally recognized precautionary principle, which comprehensively determines scientific and technological progress. The thesis is formulated that artificial intelligence in the near future can create certain social risks that humanity must take into account today in order to ensure the security of future civilizational prospects.
Key words and phrases: artificial intelligence, artificial intelligence, neural network, scientific and technological progress, scientific and technological activity, scientific and technological revolution, philosophy of artificial intelligence.
VASENKIN Alexey Vadimovich
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Irkutsk National Research Technical University
SOCIO-PHILOSOPHICAL ASPECTS OF THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
The article discusses some socio-philosophical aspects of the development of artificial intelligence. Three well-known laws of robotics described by A. Asimov are updated. The expediency of creating and developing systems with strong artificial intelligence is substantiated. The relevant arguments are given that the development of artificial intelligence is a process of inevitable scientific, technical and social evolution. It is indicated that this development should be carried out taking into account the modern universally recognized precautionary principle, which comprehensively determines scientific and technological progress. The thesis is formulated that artificial intelligence in the near future may create certain social risks that humanity should take into account today in order to secure future civilizational prospects.
Keywords and phrases: transhumanism, posthuman, transhuman, technical evolution, scientific and technological progress, scientific and technical activity, scientific and technical revolution, immortalism.
References
1. Azimov A. Khorovod / I, a robot: a collection of storiesov. – M.: Eksmo, 2019. – 320 p.
2. Graham L.R. Natural science, philosophy and sciences of human behavior in the Soviet Union. – M.: Politizdat, 1991. – S. 266-291.
3. Kurzweil R. Merging man with machine: are we moving towards the “Matrix”? / Take the Red Pill: Science, Philosophy and Religion in The Matrix. Sat. – M.: Ultra, 2005. – S. 219-234.
4. Ladygina I. V. Social and ethical problems of robotics // Bulletin of the Vyatka State University. –2017. – No. 7. – P. 27-31.
5. Pospelov D. A. Fantasy or science: on the way to artificial intelligence. – M.: Nauka, 1982. – 224 p.
PHILOSOPHY. RIGHT. SOCIETY
VILDANOV Khanif Salimovich
Ph.D. in science philosophy, professor of the Ufa State Petroleum Technical University
YULMUKHAMETOV Azat Abutalipovich
postgraduate student of the Ufa State Petroleum Technological University
THE ROLE OF THE VALUE SYSTEM IN ENSURING AXIOLOGICAL SECURITY AND PREVENTING SOCIAL AND EXISTENTIAL THREATS
The article is devoted to the study of the dialectical unity of the system of values, axiological security, social and existential threats. The authors analyzed the reasons for the rhizomorphism of the value system, pluralization and individualization of the axiological sphere of modern society and the social and existential threats associated with these processes in society.
Keywords: existence of personality, system of values, axiological security, pluralization and individualization of the system of values, rhizomorphism of values, social and existential threats.
References
1. Vildanov Kh.S. To the problem of substantiating axiological security // In the collection: Science today: theory and practice. Collection of scientific works of the international correspondence scientific-practical conference. Ufa State University of Economics and Service. – 2015. – P. 154-157.
2. Colin K. K. Is the virtualization of society a threat to its stability? // Synergetic paradigm. Man and society in conditions of instability. – M.: Progress-Tradition, 2003. – P. 449-462.
3. Vildanov Kh. S., Gainullin R. A. The problem of existential threats and axiological security of multinational and multicultural Russia // Eurasian Law Journal. – 2022. – No. 5 (168). – P. 511-514.
PHILOSOPHY. RIGHT. SOCIETY
IVANOVA Evgeniya Vladimirovna
Ph.D. in science philosophicals, professor of Ontology and theory of knowledge sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
GUSCHINA Olga Alexandrovna
student of the 4th course of the specialty “religious studies” of the First President of Russia B. N. Yeltsin Ural Federal University
THE PROBLEM OF APPLICABILITY OF THE THEORY OF ARCHETYPES BY C.G. JUNG TO THE ANALYSIS OF MODERN RELIGIOUS MYTHOLOGY
The article considers the methodological possibility of applicability of such structural elements of religious mythology as “mytheme”, “mythologeme”, “archetype” (in the interpretation of C. G. Jung) to the analysis of modern religious mythology on the example of P Ivanov’s system and “Religion of Boheme”. It is revealed that in the modern religious mythology of new religious movements there are mythems of archaic myth-making. The specificity of archaic myth-making, which has its own characteristics, is analyzed. It is concluded that modern religious mythology has its own structure, different from the archaic one, and for its analysis it is not possible to use the archetypal images of C.G. Jung. The article invites discussions about the semantic trajectories of the analysis of contemporary plots associated with new religious movements.
Keywords: myth, religion, religious mythology, mytheme, mythologeme, archetype.
References
1. Ivanova E.V. The meaning-forming function of myth (the image of a cultural hero). – Yekaterinburg: UrFU, 2004. – 298 p.
2. Ivanova E. V. Religious mythology: textbook. allowance. – Yekaterinburg: Ural Publishing House. un-ta, 2011. – 187 p.
3. Jung K. G. On the archetypes of the collective unconscious // Archetype and symbol / Comp. and intro. Art. A. M. Rutkevich. – Moscow: “Kanon +”, ROOI “Rehabilitation”, 2023. – P. 105–143.
4. Telegin S. M. The term “mythologeme” in modern Russian literary criticism // Archetypes, mythologemes, symbols in the artistic picture: materials of the International Correspondence Scientific Conference (Astrakhan, April 19–24, 2010) / ed. G. G. Isaeva. – Astrakhan: Astrakhan University Publishing House. – 2010. – P. 14–16.
5. Levi-Strauss K. Structural anthropology. – Moscow: “Nauka”, 1985. – 399 p.
6. CModern religious life in Russia. The experience of systematic description. T. IV. / Rev. ed. M. Burdo, S. B. Filatov. – Moscow: University Book, Logos, 2006. – 366 p.
7. Campbell J. Hero with a thousand faces. – Moscow: REFL-book, Kyiv: AST, 1997. – 378 p.
8. Petrov N. F. Eschatological myth: the myth of the coming death and the subsequent rebirth of the world. – Chelyabinsk: Yuzh.-Ural. book. publishing house, Yuzh.-Ural. ed.-trade. house, 2001. – 108 p.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
FORUM EXTERNUM / FORUM INTERNUM AND THE INFALLIBILITY OF STATE POWER
June 24, 2023 will go down in history as the day of the internal test for the strength of the Russian Federation. The morale that it is not possible to win Russia from the outside, but only from the inside was supplemented by prophecies about the threat of internal unity by turbopatriots. The authorities are fraught with antinomy of personality-individualized and “ex officio”, public-commissioned. Personal is the right of charisma, where the magic of personality acts as an integral part of the myth of power. It is amplified by the mechanics of Ex Officio, the powers of the system and the panoptic of the authorities. In any dimension, the sacredness of power remains an infallible dogma of the Russian Union with God.
Keywords: forum externum – external system of power, forum internum – internal system of power, panopticon of power, sacredness of power.
References
1. Aristotle. Nicomachean ethics. – Moscow; Berlin: Direct-Media, 2020. – 222 p.
2. Bolshakov E. V., Nazarov I. D. The concept of forum internum and forum externum in the theory and history of justice. – Vladimir: Printing house on Rostopchina, 2023. – 276 p.
3. Bolshakov E. V., Nazarov I. D. Principles of the “internal” court (forum internum) through the prism of the worldview of the law enforcement officer // News of the Tula State University. Humanitarian sciences. – 2022. – No. 4. – P. 127-136.
4. Timoshchuk A. S. Sectophobia and mythological consciousness // Actual problems of ethnic, cultural and religious tolerance of the indigenous peoples of the Russian and Mongolian Altai. – Gorno-Altaysk: Publishing house of GAGU, 2008. – P. 204–214.
5. Alesina A., Rosenthal H. Partisan politics, divided government, and the economy. – Cambridge: Cambridge University Press, 1995. – 280 p.
6. Bonotti M. Partisanship and Political Obligation // Politics. – 2012. – Volume 32. – Issue 3. – P. 153-161.
7. Bulman-Pozen J. Partisan federalism // Harvard Law Review. – 2014. – Vol. 127. – No. 4. – P. 1077-1146.
8. Schmidt M. When parties matter: A review of the possibilities and limits of partisan influence on public policy // European Journal of Political Research. – 1996. – Volume 30. – Issue 2. – P. 155-183.
PHILOSOPHY. RIGHT. SOCIETY
IGNATOVA Yuliya Evgenjevna
postgraduate student of Philosophy, law and social sciences and humanities sub-faculty of the Armavir State Pedagogical University
LUKYANOV Gennady Ivanovich
Ph.D. in science philosophicals, associate professor, professor of Economics and management sub-faculty of the Faculty of Engineering and Economics of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University
SOCIAL TRUST AS A FACTOR IN THE FUNCTIONING OF VALUE-NORMATIVE SYSTEMS IN RUSSIAN SOCIETY
The article deals with the socio-cultural features of Russian legal consciousness, which is closely related to the normative systems of religion and morality. The authors show the correlation of moral, religious and legal consciousness in modern Russia. It is indicated that legal consciousness contains not only rational, but also irrational elements. In Russian conditions, it is difficult to differentiate from such related normative forms as morality and religion. It is substantiated that gaps and conflicts between moral (moral) and legal consciousness lead to dysfunction of legal consciousness and the generation of legal nihilism as a marker of the crisis of the legal system. The values of law grow from moral and religious ideas, which are actually interconnected and form a single value-normative space in which there are complementaries, compensations by normative systems of each other, switching and transfer of the center of gravity from one system to another , depending on the tasks facing society. Each of the systems forms its own format of reflections, standardizations and formalizations.
Keywords: Russian society, social trust, law, politics, morality, religion, legal consciousness, values, social institutions.
References
1. Fukuyama F. Trust. Social virtues and the path to prosperity. – M.: AST, Ermak, 2004. – 730 p.
2. Baklanova O. A., Dushina T. V. Sociality as a subject of sociocultural analysis // Sociodynamics. – 2017. – No. 6. – P. 52-58.
3. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
4. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 214-217.
5. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. – 2022. – No. 4 (45). – P. 112-115.
6. Mogilevsky V. D. Methodology of systems: verbal approach. – M.: Economics, 1999. – 256 p.
7. Gaibkhanova L. Ya. Law, religion and morality // Nature. Human. Culture. Materials of the First International Scientific and Educational Forum. Under the general editorship of S. E. Turkulets E. V. Listopadova. – M., 2018. – P. 130-134.
8. Perepelkin V. I., Kuzmin Yu. A. The relationship of morality and legal consciousness // Oeconomia Et Jus. – 2019. – No. 4. – S. 47-52.
PHILOSOPHY. RIGHT. SOCIETY
SEREGIN Alexey Anatoljevich
postgraduate student of Complex of humanitarian disciplines sub-faculty of the Russian State Social University
PRINCIPLE OF ANALYSIS OF INTERRELIGIOUS RELATIONS
The article reveals the main methods and approaches in the study of such a complex and multifaceted social phenomenon as interreligious relations. The article describes a set of elements of religious activity that determines the specifics of interreligious relations. The concept of objective and subjective sides as an expression of material and imaginary reality is explained. It is also shown that, being a part of social relations, interreligious relations have their own distinctive features because they are built on the principles of faith and the priority of spiritual and practical values.
Keywords: social relations, public reason, religion, interreligious relations, spiritual sphere, absolute, dialogue, animism.
References
1. Cornille C. (2013). Introduction // The Wiley-Blackwell companion to inter-religious dialogue / Ed. C. Cornill. – Chichester: John Wiley & sons.
2. Goncharov V. N. Leonova N. A. Social relations in the context of various concepts of the origin of religion as a problem of socio-philosophical analysis // Fundamental research. – 2014. – No. 12 (part 8). – S. 1812-1816.
3. Comte-Sponville, André. Philosophical Dictionary / Per. from fr. E. V. Golovina. – M.: Eterna, 2012. – 752 p.
4. Social philosophy: Dictionary / Comp. and ed. V. E. Kemerov, T. Kh. Korimov. – 2nd ed., Rev. and additional – M.: Academic project; Ekaterinburg: Business book, 2006. – 624 p. (“Summa”).
5. Taylor E. B. Primitive culture / Translation from English; Edited, with a preface and notes by Prof. V. K. Nikolsky. — State socio-economic publishing house. – Moscow, 1939. – 568 p.
6. D’Agostino, F. Free Public Reason: Making It Up as We Go. – Oxford University Press, 1996.
PHILOSOPHY. RIGHT. SOCIETY
STEPANENKO Alexey Sergeevich
Ph.D. in science philosophicals, associate professor, Head of Humanities and socio-economic sciences sub-faculty, Director of the East Siberian (Branch) of the Russian State University of Justice, Irkutsk
USE OF ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY OF SCIENTIFIC SEARCH RESULTS
Artificial intelligence has transformed the existing mechanism of scientific research and revolutionized scientific search and analysis, allowing researchers to process huge amounts of data and extract the necessary information. At the same time, the use of artificial intelligence in scientific research raises important questions concerning the ownership, protection and sharing of intellectual property rights, as a natural and important question arises: Who owns the intellectual property of the published scientific research? The relevance of this study is to try to find an answer to this question. The object of research is human cognitive activity, the subject of research is scientific search as a system of categories, values, principles of scientific research organization. The purpose of this article is to present a detailed analysis of the use of artificial intelligence in scientific research and the associated consequences of securing intellectual property rights. This study examines the opportunities provided by artificial intelligence in scientific research, legal and ethical considerations related to intellectual property, and potential strategies for solving these problems.
Keywords: intellectual law, cognition, open science, methods of cognition, copyright.
References
1. Davies C. R. An evolutionary step in intellectual property rights–Artificial intelligence and intellectual property // Computer Law & security review. – 2011. – T. 27. – No. 6. – S. 601-619. DOI 10.1016/j.clsr.2011.09.006.
2. Seskir Z. C., Willoughby K. W. Global innovation and competition in quantum technology, viewed through the lens of patents and artificial intelligence // International Journal of Intellectual Property Management. – 2023. – T. 13. – No. 1. – S. 40-61. DOI 10.1504/IJIPM.2023.129076.
3. Gupta P. K., Prasanna D. V., Raghunath S. S. How artificial intelligence can undermine security: an overview of the intellectual property rights and legal problems involved // Applications in Ubiquitous Computing. – 2021. – S. 37-58. DOI 10.1007/978-3-030-35280-6_3.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in science philosophicals, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
NATIONAL CONSCIOUSNESS, TRENDS AND PROSPECTS FOR ITS DEVELOPMENT IN THE MODERN WORLD
The author analyzes certain aspects of national self-consciousness at the present stage of world development. What are the possible prospects for national identity in the modern era.
Keywords: national identity, nation, population, localization, identity, ethnicity, world confessions.
References
1. Guboglo M. N. Identity identification: Ethnosociological essays / Institute of Ethnology and Anthropology. N. N. Miklukho-Maclay. –M.: Nauka, 2003. – P. 591.
2. Anderson B., Bauer O., Hrokh M. et al. Nations and nationalism / Per. from English. and German. – M.: Praxis, 2002. – S. 43.
PHILOSOPHY. RIGHT. SOCIETY
MARKOVA Natalya Mikhaylovna
Ph.D. in science philosophicals, associate professor of the Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletovs Vladimir State University
MORAL FREEDOM: SOME ASPECTS OF THEOLOGICAL AND PHILOSOPHICAL UNDERSTANDING
The article is dedicated to the problem of understanding moral freedom by Orthodox authors of the 19th-20th centuries. Moral freedom or free will was an important aspect of moral theology, understanding freedom as a gift from God. In this regard, in Orthodox theology it is customary to single out natural or formal freedom and moral – true real. Moral freedom is understood as the freedom of personal formation, self-determination, self-action within the boundaries that God has established. In this regard, moral freedom, according to Orthodox theology, is not absolute, but conditional. The main direction in which free will is realized and which predetermines the fate of each person is a free choice in favor of good or evil. This choice is the main criterion for the self-realization of a person who has moral freedom.
Keywords: moral freedom, free will, Christianity, Orthodoxy, good and evil.
References
1. Archimandrite Platon (Igumnov). Orthodox moral theology. [Electronic resource]. – Access mode: https://seminaria.kz/wp-content/uploads/2018/03/Arhim.-Platon-Igumnov.-Pravoslavnoe-nravstvennoe-bogoslovie.pdf (date of access: 1.06.2023)
2. Abbot Filaret (Voznesensky). Abstract on moral theology. – M., 1990 – 111 p.
3. Leonov V., priest. The freedom of man in Christ and without Christ. Theological experience. // Counseling psychology and psychotherapy. – 2010 – № 3. – P. 110-121
4. Menstrov M. Lessons on Christian Orthodox moral teaching. – St. Petersburg: Edition of I. L. Tuzov, 1914. – 333 p.
5. Fundamentals of the teaching of the Russian Orthodox Church on dignity, freedom and human rights. [Electronic resource]. – Access mode: http://www.patriarchia.ru/db/print/428616.html (date of access: 2.06.2023)
6. Dictionary of ethics. [Electronic resource]. – Access mode: https://ethics.academic.ru/308/%D0%A1%D0%92%D0%9E%D0%91%D0%9E%D0%94%D0%90_%D0%92%D0 %9E%D0%9B%D0%98 (date of access: 06/04/2023)
7. Stelletsky N. The experience of moral Orthodox theology in apologetic coverageenii. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Nikolaj_Stelleckij/opyt-nravstvennogo-pravoslavnogo-bogoslovija-v-apologeticheskom-osveshenii/ (date of access: 1.06.2023)
8. Shimansky G. I. Synopsis of moral theology. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Germogen_Shimanskij/konspekt-po-nravstvennomu-bogosloviyu/ (date of access: 06/05/2023)
PHILOSOPHY. RIGHT. SOCIETY
SEMKIN Andrey Vladimirovich
postgraduate student of Philosophy sub-faculty of the Humanitarian Institute of the North Caucasus Federal University, Stavropol
VALUE FOUNDATIONS OF COMMUNICATION IN THE ASPECT OF THE STUDY OF THE MODERN SOCIAL SYSTEM AND THE LIFE WORLD OF SOCIAL SUBJECTS
The article deals with the phenomenon of communication, the study of which has become one of the central ones in modern social theory thanks to the ideas of Jürgen Habermas. For him, communication is the basis for the existence of the sphere of communication of social subjects, which he called “the life world”. It is within the framework of the lifeworld that the emergence of what J. Habermas calls “communicative rationality” takes place, which ideally should become the basis for the development and existence of not only the lifeworld, but also another component of society – the ” system”, by which Habermas understands the totality of political, legal and economic institutions. The theory of communicative action creates the conditions for social interaction between social actors to be considered taking into account the peculiarities and nuances of the existence of modern society and the value orientations of social actors in the situation of their communication.
Keywords: society, communication, social system, life world, values, rationality, communicative action, instrumental action.
References
1. Inozemtsev V. A., Ivlev V. Yu., Inozemtseva Yu. V. Influence of informatization and development of information and communication technologies on the formation of a new social reality. – 2020. – No. 4 (84). – S. 2.
2. Baklanova O. A., Semkin A. V., Yugay V. V. Value bases of socio-cultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
3. Aristotle. Rhetoric. Poetics. – M.: AST, 2018.
4. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
5. Castells M. The power of communication. – M.: HSE Publishing House, 2020.
6. Luman N. Society as a social system. Luman. – M.: Nauka Publishing House, 2004.
7. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclusiones. – 2020. – V. 7. – No. 4. – R. 362-368.
8. Rostova A. T., Kilyashanov M. Kh., Tishchenko A. V., Baklanov I. S. Axiological attitudes and patterns of formation of the symbolic space of the functioning of society // Nauka. Education. Modernity. – 2017. – No. 1-2. – P. 78-81.
9. Habermas Yu. Moral consciousness and communicative action. – M.: Nauka, 2001.
10. Habermas J. Philosophical discourse on Modernity. twelve lectures. 2nd ed., rev. – M .: Publishing house “Ves Mir”, 2008. – 416 p.
11. Baklanov I. S. Sociocultural and communicative content of the concept of rationality in modern social philosophy // Bulletin of the North Caucasian State Technical University. – 2011. – No. 5. – S. 83-86.
PHILOSOPHY. RIGHT. SOCIETY
YUGAY Vitaliy Vladimirovich
postgraduate student of Philosophy sub-faculty of the humanitarian Institute of the North Caucasus Federal University, branch in Stavropol
SOCIAL RISKS OF SELF-IDENTIFICATION OF A SOCIAL SUBJECT IN MODERN RUSSIA
The article deals with internal social risks in the process of self-identification of a social subject in Russia. In modern society, the digital environment changes established habits, blurs the cultural experience of past interactions. For many people, extreme risk-generating situations change the system of views on the world and on oneself in it. It is emphasized that self-identification is now a complex phenomenon, since individuals are integrated into different levels of social organization, each of which is rapidly developing new conditions of life and its own risks arise. In the information society, the existing unique features of digital technologies greatly facilitate life processes, for example, now a lot can be done through social networks, given that the Russian electronic market is one of the fastest growing in the world. The reverse side of the expanding technologization and digitalization of modern life is associated with the increased vulnerability of man as a biosocial being to dangers and risks. At the same time, the desire to preserve the features of Russian development allows for a certain continuation of the indigenous traditions developed over a thousand-year history that influence the processes of self-identification of the subjects of Russian society.
Keywords: social philosophy, risks, society, digitalization, technologies, self-identification, values, activity of subjects.
References
1. Gubanova M. A. Human transformation in the global network society // Bulletin of the Armavir State Pedagogical University. – 2020. – No. 4. – P. 103-109.
2. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological landmarks and temporal references for the development of the digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
3. Baklanov I. S., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: socio-philosophical aspect. Vestnik Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
4. Kukartseva (Glaser) M. A., Ivlev V. Yu., Novik N. N. Discourses of biopolitics and human security in the context of new challenges and threats to humanity // Questions of Philosophy. – 2021. – No. 2. – P. 42-52.
5. Pokhilko A. D., Gubanova M. A. Search for a methodology for studying Russian national identity // Scientific Thought of the Caucasus. – 2010. – No. 4 (64). – P. 24-28.
6. Gubanov N. N., Gubanov N. I., Cheremnykh L. G. The science of the essence of risk and the characteristics of the risk situation // Humanitarian Bulletin. – 2017. – No. 11 (61). – S. 4.
7. Mikeeva OA A look at the problem of the individual in modern social philosophy // Actual problems of philosophy, political science and sociology. – Stavropol, 2008. – S. 29-33.
8. Berdyaev N. A. The fate of Russia: experiments on the psychology of war and nationality. – M.: Ed. G. A. Leman, S. I. Sakharova, 1918. – 240 p. (reprint edition)
9. Baklanov I. S. Biological and social prerequisites for the existence of intellectualism // Bulletin of the Volgograd State Medical University. – 2004. – No. 12. – P. 90-93.
10. Bobrova L. A. Consequences of “digitalization” of a person for the brain // Man: image and essence. – 2020. – No. 4 (44). – P. 89-101.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
7,009 ВСЕГО, 1 СЕГОДНЯ