CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №6(181)2023
PERSONA GRATA
M. Shumilov:
Transformation of the international law order and the role of the local civilizations
Interview with Vladimir Mihaylovich Shumilov, Ph.D. in Law, professor, Honored Lawyer of the Russian Federation, Head of International law sub-faculty of the Russian Foreign Trade Academy of the Ministry of economic development of the Russian Federation.
INTERNATIONAL LAW
Buryanov S. A.
The right to freedom of conscience in the conditions of global processes and challenges 4.0
Alieva M. N., Magomedov R. R.
Grounds for the lawful use of force in modern international law
Gulyaeva E. E.
The institute of diplomatic asylum in regional international law on the example of Latin American countries
Bogatyrenko I. A.
Interim measures in the universal human rights treaty bodies’ practice
Kopylov S. M., Ostroukhov N. B.
2023 agreement under the United Nations Convention on the law of the sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction: has the problem of marine biodiversity been solved?
Krikunova S. S.
International protection of human rights and fundamental freedoms in the context of the introduction of artificial intelligence: problems, improvement, prospects
Kulev M. G.
History of the appearance and development of bilateral labour migration agreements
Sangar Samad Asaad
Examining legal regulations and the water governance of the Tigris and Euphrates river basin
Subhonzoda A. S.
Current issues of international legal regulation of cooperation of the United Nations and the African Union in peacekeeping activities
Ostroukhov N. V., Bisultanov A. K.
The relationship between international humanitarian law and international human rights law
INTERNATIONAL PRIVATE LAW
Guliyev I. A., Bezmen A. I., Boronenko A. I.
The impact of French nuclear power on its international relations
Rusakova E. P., Chernysheva T. A.
Synergy of multi-factory intelligent systems «E-chain cloud mirror» and «E-chain smart enforsment» as new mechanisms of Guangzhou internet court in realizing the right to accessible justice
Fei Yin
Rethinking the performance promise compensation system for asset reorganization in China’s securities market
COMPARATIVE LAW
Paronyan K. M.
Features of the implementation of censorship legal policy in Belarus, Ukraine and Moldova (comparative legal analysis)
THEORY OF STATE AND LAW
Atmachev S. I., Motsar Yu. V.
Democracy as an ideological concept
Darda A. V.
The role of digital technologies in the regulation of legal relations
Dovgan K. E.
System of principles of the framework legal regulation
Ibragimova Z. N., Tyulyakova A. S., Yudina A. I.
The importance of the state in the formation of the modern legal system of the Russian Federation
Mamyasheva D. R.
External legal form and content of strategic planning acts
Mirzaev M. A.
To a question of reform of local government
Mokhorov D. A., Dolzhenkova E., Minkina M. V.
Countering corruption in the context of digitalization of state institutions
Ostapovich I. Yu
Question of the correlation of the concepts of “law-making”, “rule-making” and “law-making”
Ulaeva N. L.
The general theoretical aspect of the combination of the category of “interest” in the context of the categories of “will”, “motive” and “goal”
Shmidt A. V.
On the mechanism of formation of special legal status
Huang Zeyan
On the relationship between global governance and international law
HISTORY OF STATE AND LAW
Egorov A. M.
The peculiarities of the organization and the ratio of the activities of inspections of correctional work and special commandants of the period of developed socialism (late 1960s – early 1980s)
Kozhevnikova A. M.
Children’s law and homelessness: a historical aspect
Nedzelyuk T. G.
Buddhism in the South of Siberia in the context of the state-Confessional Policy of the Russian Empire (based on the materials of the Russian State Historical Archive)
Sorokin D. S., Sofrina A. A., Puchkin D. K., Antipov D. Yu., Yurkevich E. A.
Justice in the History of Legal Thought: Equalizing and distributing justice
Kholod E. K., Brykova D. D., Pestretsov I. V., Skachkova M. A., Babicheva A. S.
Genesis of political science theories
CONSTITUTIONAL LAW
Vorontsova M. A.
Protection of reproductive health of the population as a basis for demographic security of Russia
Dosakaev A. B.
Legislative novelties in matters of constitutional and legal regulation of the status of indigenous peoples of Russia
Ispolinov A. S.
The admission of four new subjects into the Russian Federation: The Constitutional Court of the Russian Federation on the right to secession and the conditions for its implementation
Mameev I. T., Isaeva K. M.
Local self-government as a form of democracy and an institution of civil society
Boldyrev N. A.
Distribution of competence to establish restrictions of rights and freedoms
ADMINISTRATIVE LAW
Vasiljeva N. Yu.
The effectiveness of preventive measures in the field of forest management, on the example of the Irkutsk region
Guseva S. D.
On the issue of punishments in various countries for crimes in the field of inducing the use of substances and (or) methods prohibited in sports
Makarenko A. I.
On the question of the classification of special administrative police regimes in Russia
CIVIL LAW
Ananjeva E. O., Ignatov M. V.
Contractual regulation and other issues in the field of assisted reproductive technologies
Voznesenskaya L. N., Bashilov B. I.
Typical subject of proof in corporate disputes
Glazachev D. I.
Features of the exercise of ownership rights to objects created as a result of the implementation of projects executed in the form of a public-private partnership agreement and a concession agreement. The problem of legal regulation
Glebova E. V.
To the question of civil legal responsibility for illegal use of special means and physical force by the employees of institutions of the criminal-executive system of the Russian Federation
Deltsova N. V., Roslyakova D. A.
On the legal nature and signs of subsidiary liability in the bankruptcy procedure of organizations
Ermakova E.P., Trankalan F.I.
Legal consequences of the unagreemental consumption of electric energy
Ivliev P. V., Ananjev O. G.
Prospects for the development of e-commerce in modern Russia
Zaulochnaya S. A.
Protection of the rights of apartment owners: legislation and judicial practice
Zakharova O. N., Epifantseva T. Y.
Compensation for damage caused by the interaction of a vehicle with an animal
Kydryavtseva L. V., Gnezdilova A. S.
Individualization of trade turnover objects
Motsar Yu. V., Atmachev S. I.
Bankruptcy of the hereditary mass: legal aspects of regulation
Nadezhin N. N.
Operational impact measures as legal means of ensuring entrepreneurial activity
Plekhanova O. I.
Military mortgage section: judicial practice experience
Potapova L. V., Dryn N. V.
Joint will of spouses: international experience
RadchenkoE. P., Vdovina A. N.
On the issue of the possibility of employment of convicts in the penal system of the Russian Federation
Stepanenko O. G., Stepanenko Yu. S.
The ability to define an information model of a construction object (BIM) as a composite or complex object of intellectual rights
Yastremskiy I. A.
Legal significance of the claim procedure for settling a dispute under contracts for the provision of medical services in the field of plastic surgery
Aidanov S. D.
State support of social entrepreneurship in the Russian Federation
Ananjeva E. O., Mavritsin E. Е.
The problem of contractual relations in investment activity
Glazachev D. I.
Public-private partnership agreement and life cycle contracts: similarities and differences of legal nature
Derevyanko O. V.
The institution of divorce. Comparative legal analysis
Deltsova N. V., Vedenkina T. P.
On the nature of corporate responsibility
Dzhalilov F. I.
Protection of the rights of a bona fide acquirer regarding the application of Article 174.1 of the Civil Code of the Russian Federation
Zhiltsov K. A.
Loss of chance in medical malpractice in German tort law
Stepanenko O. G., Stepanenko Yu. S.
To the question of domain names
Tikhov S.M.
Trademark dilution. Shall we expand the scope of trademark holders’ rights?
Ulybina O. V., Rodygin R. A., Maseychuk Yu. M.
On the question of the relationship between the concepts of «property» and «property right»
Chepurko A. V.
About certain specifics aspects of particular unnamed means of ensuring the fulfilment of obligations in the civil legislation of Russian Federation
Yukhtanova A. S.
Overcoming the mechanism of subordination of claims in bankruptcy by affiliated persons of the debtor
Yastremskiy I. A.
The jurisdiction in civil cases arising from contracts for the provision of paid medical services in the field of plastic surgery
CIVIL PROCESS
Avdeeva Ya. V.
Problems on the way of development of the institution of reconciliation of the parties in the court justice on the example of a conflict of legal norms
Ermakova E. P., Sergeev R. B.
Development of digitalization of civil law in the modern world
Kotov I. A., Bashilov B. I.
Recovery of court penalties against public entities
Rusakova E. P., Zaitsev V. V.
Court hearing in the metaverse: an alternative to online hearing or internet court
LABOUR LAW
Borovchenkova V. O.
Employer control through technological tools: balancing the legitimate interest of the employer and the privacy of employees
Rakitina E. V.
Prohibition of competition in Russian labor law
Stupnitsky A. E., Kostyuchenko M. A.
Signs of labor relations: features of application for delineation from civil law relations
FINANCIAL LAW
Evsikova E. V., Buts S. B.
Some aspects of tax control in the sphere of legal relations with digital financial assets
Kotik A. O., Basenko D. V., Turov S. E., Kirilyuk A. V., Vinogradova S. A.
Cryptocurrency: the Gold Rush of the 21st century
TAX LAW
Solovyova N. A.
Legal analysis of economic sanctions and anti-sanctions measures against the Russian Federation in 2014 and 2022
Boguslavskaya N. A.
Features of establishing and introducing taxes and fees in the federal territory “Sirius”
Sergeeva K. A., Ponomarev O. V.
Taxation of transactions with digital rouble: integration of the latest technologies into tax regulation and tax control
Solovyova N. A.
The experience of implementing the regulatory function of the tax in the context of economic sanctions on the example of the Islamic Republic of Iran
ENTREPRENEURIAL LAW
Chetvergov D. S.
Conclusion of a retail sale contract on the Internet in the PRC and Russia
LAND LAW
Perelehova T. S., Ermolina M. A.
Problems of legal regulation of provision of plots from forest fund land for the purposes of subsoil use
CRIMINAL LAW
Abyzova E. R.
Problems of qualification and criminal legal assessment of bringing minors to suicide using information and telecommunication networks
Gazizov T. I.
Topical issues on the detection of the crime of illegal extraction of sand and gravel mixture
Zakaznova A. N.
Foreign experience in preventing violent crimes against military service (using the example of the Israel Defense Forces)
Novikova L. V., Suleymanov T. A.
Indicators of criminal liability for non-provision of assistance to a patient by medical staff
Rastoropov S. V.
The concept and types of crimes committed using a mobile phone
Rodygin R. A., Mashlyakevich V. A., Mirkhaydarova M. Yu.
Some elements of the criminal-legal characteristics of robbery and its differentiation from related compounds
Stupina S. A.
Illegal implementation of activities for the return of overdue debts of individuals: individual qualification issues
Stepanenko Yu. S.
Problems of application of the death penalty in modern Russia
Kharaev A. A., Kulik A. A.
Optimization of the procedure for initiating a criminal case and preliminary investigation
Artamonova A. N.
On the issue of improving the terminology used in procedural documents in crim-inal cases on iatrogenic crimes in the process of prosecutorial supervision
Makarova K. V.
Participation of the prosecutor in the appeal proceedings in criminal cases
Popov A. Yu.
Modern aspects of the need to improve legislation in the field of illegal arms trafficking through the use of digital technologies
Sych V. K.
Institutions of punishment and other measures of a criminal-legal nature at the present stage of their development
CRIMINAL PROCESS
Abdullaeva U. A., Dzhantoukhanov V. Z., Dzhantoukhanova M. V.
On the issue of some clarifications of the procedural deadlines: analysis of the changes introduced by the Federal Law of July 31, 2023 Nº 396-FZ
Biruk M. S., Gumenchuk O. O.
Problem issues in documentation and investigation of illegal storage and marking of narcotic drugs with requirements of criminal procedure legislation
Gerasenkov V. M.
Some aspects of participation of the defense counsel in pre-trial proceedings
Logachev K. K.
The role of physical evidence in the investigation of environmental crimes
Olenev P. A.
Development of the institution of procedural control in the domestic criminal procedure legislation
Prokhorova T. L.
Concept and significance of obtaining samples for comparative studies as an inquired action
Roshka M. Ya., Cherepnenko E. A.
On the question of legal regulation of the detention of a suspect
Safonov A. A. Bondareva I. O.
To the question of the correctness of documenting the investigative experiment
Anishchenko O. A.
Some features of the criminal process in cases of economic crimes in England and the United States of America
Gadadov I. S.
On the possibility of application by the court of “asymmetry” of the rules for assessing the admissibility of evidence
Lagaeva E. K., Alyaev A. B.
Functions of the jury court as a social authority
Tikhanin I. V.
Permissiveness as a way of legal regulation of anti-corruption standards in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Vasiljeva Yu. A.
Causes of mass riots (on the example of the penitentiary system of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan)
Gorban D. V.
The concept of re-socialization of convicts: analysis of scientific approaches
Mikhaylov V. S.
Prevention of the spread of criminal subculture in correctional institutions of the penal system
Mikheeva S. V
Рroblems of the application of penalties and rewards by personnel of the FPS to convicts serving sentences in places of detention
Skobeleva O. O.
Programs for deradicalization of convicts in correctional institutions
Tolchenkina M. E.
Probation in Russia: legal foundations and development prospects
Vasiljeva Yu. A.
Mass riots in modern Russian society. Common signs, differences of mass riots committed in correctional institutions and pre-trial detention centers
CRIMINALISTICS
Vnukov V. I., Kairgaliev D. V., Vasiljev D. V.
The specificity of the participation of the specialist-criminalist in the examination of the explosion site
Mashkov S. A.
Influence on the integrity of a person in the process of investigative actions
Nizaeva S. R.
Identification of false testimony during investigative actions through the use of profiling the identity of the interrogated
Nugaeva E. D., Imaeva Yu. B.
Forensic characteristics of corruption crimes committed by employees of the internal affairs bodies of the Russian Federation
Khorev M. V.
The problem of determining the source of increased danger for the purposes of forensics
Ignatov D. A.
Inspection of an Internet-resource as a way of fixing electronic traces of crimes with using informational and telecommunicational technologies
Zadorozhny A. A.
Specifics of expert examinations in the investigation of offences involving radio-controlled explosive devices
CRIMINOLOGY
Zadorozhny A. A.
On certain aspects of increasing the anti-terrorist security of objects of mass visitation of people
Nesterenko A. V.
Causal complex of criminal violence in Russia
Nesterova S. S.
Criminological aspects of economic crime
PROSECUTOR’S ACTIVITIES
Showa O. N.
Prosecutor’s supervision over places of deprivation of liberty
LAW ENFORCEMENT AGENCIES
Anikeenko A. A.
Unified state information system for ensuring transport security as a means of information and technical support for operational investigative activities at transport infrastructure facilities
Vinokurov V. A., Shmantsar D. A.
Destruction or damage of property by negligence: the need to decriminalize the composition or the need to change the disposition and sanctions
Ivliev P. V., Ananjev G. O.
Social guarantees of employees of the penitentiary system: certain aspects of medical support
Demidov V. P., Mokhorova A. Yu., Melnikov S. V.
The impact of digitalization on the state of corruption
Chernomor A. D.
Formation of the main directions of cooperation between the mass media and internal affairs bodies
SECURITY AND LAW
Abazov I. S., Magomedov M. N.
Information support and propaganda of terrorism
Gunderich G. A.
Crimes against the person committed using information and telecommunication technologies
Dosakaev A. B.
Migration – new realities of our time: problems of law enforcement practice
Zhukov A. Z., Romanov A. A., Urusova L. K.
Impact of sanctions on the Russian information security market
STATE AND LAW
Biyarslanova I. R., Denikaeva S. E.
The principle of separation of powers and its implementation in modern Russia
Chernova O. A., Elina A. V.
Current issues of supervision activities prosecution bodies in the aspect
of prevention of offenses and crimes
Tsarkova E. G.
On the issue of implementing the principles of client-centricity in the activities of the Federal Penitentiary Service of Russia
PEDAGOGY AND LAW
Davidenko A. I.,Umatkulova R. R.
Formation of skills of safe and skillful handling of weapons in the implementation of fire training standards
Zorina N. S.
Psychological and pedagogical aspects of work with juvenile convicts held in educational colonies
Zyatev H. I.
The basic principles and forms of spiritual and moral education of schoolchildren in the modern educational system
Javadyan Yu. R.
Pedagogical conditions for the formation of value orientations of students in the educational organization of the Ministry of Internal Affairs of Russia
Kashibadze A. G.
Psychological training of cadets during tactical and special training classes
Nasyrova E. V., Kalugin M. S.
Development of a project to promote educational programs of the institute of information science and security technologies RGGU
Cao Thi Tuong Khanh
Digital transformation in education in Vietnam
Kashibadze A. G.
Moral and psychological training of cadets during tactical and special training classes
Ruban D. A.
Characteristic features of the student’s personality in the educational paradigm as the main element of the sociopsychological aspect
Smirnova M. I.
Extracurricular independent work in a foreign language as a means of forming the professional competence of the Internal Affairs Agencies’ employees of Russia
PSYCHOLOGY AND LAW
Madzhuga A. G., Yumagulova N. I., Agzamov R. R., Abdullina L. B.
Humanistic and existential paradigms in determining the essence of human health creation
Podosinnikova E. A., Podosinnikov S. A., Dosaeva R. N., Taysaeva S. B.
Psychological features of victim behavior in men aged 25 to 55 years
Taysaeva S. B., Ponomareva Yu. V.
Влияние индивидуально-психологических качеств руководителя на групповую сплоченность сотрудников
SOCIOLOGY AND LAW
Bredikhin A. V.
The Islamic vector of China’s domestic policy. Part 1. Muslim minorities
LANGUAGE AND LAW
Bogatyreva Yu. O., Latypova E. R.
Intercultural communication in modern society
Latypova E. R., Baynazarov A. R.
The significance of the linguistic picture of the world in the study of national characteristics
ECONOMY. LAW. SOCIETY
Andryukhina I. Yu., Balyasnikova E. V., Skopich D. L.
On the issue of Strategic Planning and integrated Development of Municipalities in the Russian Federation
Vasiljeva E. V., Zhukova A. G., Ivanova O. S.
Management of human resources development in creative industries sector
Vildanov R. R., Shaimardanova E. L., Kostakova E. I.
Economic cooperation between Russia and China in the digital space
Guliyev I. A., Ruzakova V. I., Kuzmina M. S.
Comprehensive analysis of the global energy transition factors
Makar S. V.
Long-term accents of the spatial development of individual countries: to the study of interrelations of the components
Obukhovskiy A. S.
Developers and realtors: current status state and prospects of relationships development
Nersesyants B. A.
Features and problems of franchise management in the banking sector
Nguyen Q. H., Yakovlev A. A.
Features of the influence of the Vietnamese diaspora in Russia on investment cooperation between the countries
Farkhutdinov A. M., Khusainov S. I., Rayanova F. F.
The rate of housing construction in Privozhsky Federal District: the analysis of the degree of influence of social and economic factors on the input housing
Khalikova E. A., Pryanishnikova A. D.
Risk-oriented approach to corporate control of contract execution in the company
Shkakhova F. A., Dikinov A. K., Yandieva M. S.
Problems of the oil and gas market of the Russian Federation under sanctions pressure
Wang Wei
The impact of globalization on income mobility: evidence from developing countries
Wei Huang
Blockchain technology to enhance the public service capability of digital government
Gaisina G. A.
The problem of interaction of public administration bodies with participants of the gas market and gas supply services
Khalikova E. A., Sozykin A. D., Safronov D. Yu.
Digital support of the company’s business planning based on the BusinessPlan Pro software module
Shkakhova F. A., Dikinov A. Kh., Tsoroeva M. I.
Prospects and trends in the development of population migration in Russia and abroad
Yuelong Zhang
Risk assessment system for national economic security
PHILOSOPHY. LAW. SOCIETY
Wang Gang, Li Xin
Comparison of different texts of the translation into Russian of the philosophical treatise «Dào Dé Jīng»
Grishina E. S., Kotlova Т. В
Ethical as a unity of legal, ethical and moral regulation
Kobylkin R. A.
Some problems of the study of socio-philosophical aspects of law
Kuleshov V. E.
Meaning of life and duty: dialectics of interrelation
Salikhov G.G.
Spiritual culture of peoples between the Irtysh and the Volga in the Middle Ages
Stepanenko A. S.
The philosophy of artificial intelligence and the nature of consciousness
Yashin A. N., Kopylov I. V.
Metaphysics of the revolution in Eurasian historiosophy
Abdeev A. A.
Hadith about the renewal of religion in the understanding of Shihabutdin Marjani» (based on the book «Mukadima Wafiyyat al-Aslyaf»)
Konopleva A. A.
The influence of the political factor on the development of youth identity (on the example of the Republic of Crimea)
Pokul A. A.
Culture of information security of citizens of the Russian Federation in the conditions of digitalization of the economy
Semkin A. V.
The specificity of the value foundations of communication in the context of systemic and structural changes in modern Russian society
Sharipov A. R.
On some aspects and prospects of development of national self-consciousness of autochtonic peoples of the Russian Federation
Yashin A. N., Kopylov I. V.
Ideological and moral foundations of state legal projecting in the doctrine of Eurasianity
M. Shumilov:
Transformation of the international law order and the role of the local civilizations
Interview with Vladimir Mihaylovich Shumilov, Ph.D. in Law, professor, Honored Lawyer of the Russian Federation, Head of International law sub-faculty of the Russian Foreign Trade Academy of the Ministry of economic development of the Russian Federation.
INTERNATIONAL LAW
Buryanov S. A.
The right to freedom of conscience in the conditions of global processes and challenges 4.0
Alieva M. N., Magomedov R. R.
Grounds for the lawful use of force in modern international law
Gulyaeva E. E.
The institute of diplomatic asylum in regional international law on the example of Latin American countries
Bogatyrenko I. A.
Interim measures in the universal human rights treaty bodies’ practice
Kopylov S. M., Ostroukhov N. B.
2023 agreement under the United Nations Convention on the law of the sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction: has the problem of marine biodiversity been solved?
Krikunova S. S.
International protection of human rights and fundamental freedoms in the context of the introduction of artificial intelligence: problems, improvement, prospects
Kulev M. G.
History of the appearance and development of bilateral labour migration agreements
Sangar Samad Asaad
Examining legal regulations and the water governance of the Tigris and Euphrates river basin
Subhonzoda A. S.
Current issues of international legal regulation of cooperation of the United Nations and the African Union in peacekeeping activities
Ostroukhov N. V., Bisultanov A. K.
The relationship between international humanitarian law and international human rights law
INTERNATIONAL PRIVATE LAW
Guliyev I. A., Bezmen A. I., Boronenko A. I.
The impact of French nuclear power on its international relations
Rusakova E. P., Chernysheva T. A.
Synergy of multi-factory intelligent systems «E-chain cloud mirror» and «E-chain smart enforsment» as new mechanisms of Guangzhou internet court in realizing the right to accessible justice
Fei Yin
Rethinking the performance promise compensation system for asset reorganization in China’s securities market
COMPARATIVE LAW
Paronyan K. M.
Features of the implementation of censorship legal policy in Belarus, Ukraine and Moldova (comparative legal analysis)
THEORY OF STATE AND LAW
Atmachev S. I., Motsar Yu. V.
Democracy as an ideological concept
Darda A. V.
The role of digital technologies in the regulation of legal relations
Dovgan K. E.
System of principles of the framework legal regulation
Ibragimova Z. N., Tyulyakova A. S., Yudina A. I.
The importance of the state in the formation of the modern legal system of the Russian Federation
Mamyasheva D. R.
External legal form and content of strategic planning acts
Mirzaev M. A.
To a question of reform of local government
Mokhorov D. A., Dolzhenkova E., Minkina M. V.
Countering corruption in the context of digitalization of state institutions
Ostapovich I. Yu
Question of the correlation of the concepts of “law-making”, “rule-making” and “law-making”
Ulaeva N. L.
The general theoretical aspect of the combination of the category of “interest” in the context of the categories of “will”, “motive” and “goal”
Shmidt A. V.
On the mechanism of formation of special legal status
Huang Zeyan
On the relationship between global governance and international law
HISTORY OF STATE AND LAW
Egorov A. M.
The peculiarities of the organization and the ratio of the activities of inspections of correctional work and special commandants of the period of developed socialism (late 1960s – early 1980s)
Kozhevnikova A. M.
Children’s law and homelessness: a historical aspect
Nedzelyuk T. G.
Buddhism in the South of Siberia in the context of the state-Confessional Policy of the Russian Empire (based on the materials of the Russian State Historical Archive)
Sorokin D. S., Sofrina A. A., Puchkin D. K., Antipov D. Yu., Yurkevich E. A.
Justice in the History of Legal Thought: Equalizing and distributing justice
Kholod E. K., Brykova D. D., Pestretsov I. V., Skachkova M. A., Babicheva A. S.
Genesis of political science theories
CONSTITUTIONAL LAW
Vorontsova M. A.
Protection of reproductive health of the population as a basis for demographic security of Russia
Dosakaev A. B.
Legislative novelties in matters of constitutional and legal regulation of the status of indigenous peoples of Russia
Ispolinov A. S.
The admission of four new subjects into the Russian Federation: The Constitutional Court of the Russian Federation on the right to secession and the conditions for its implementation
Mameev I. T., Isaeva K. M.
Local self-government as a form of democracy and an institution of civil society
Boldyrev N. A.
Distribution of competence to establish restrictions of rights and freedoms
ADMINISTRATIVE LAW
Vasiljeva N. Yu.
The effectiveness of preventive measures in the field of forest management, on the example of the Irkutsk region
Guseva S. D.
On the issue of punishments in various countries for crimes in the field of inducing the use of substances and (or) methods prohibited in sports
Makarenko A. I.
On the question of the classification of special administrative police regimes in Russia
CIVIL LAW
Ananjeva E. O., Ignatov M. V.
Contractual regulation and other issues in the field of assisted reproductive technologies
Voznesenskaya L. N., Bashilov B. I.
Typical subject of proof in corporate disputes
Glazachev D. I.
Features of the exercise of ownership rights to objects created as a result of the implementation of projects executed in the form of a public-private partnership agreement and a concession agreement. The problem of legal regulation
Glebova E. V.
To the question of civil legal responsibility for illegal use of special means and physical force by the employees of institutions of the criminal-executive system of the Russian Federation
Deltsova N. V., Roslyakova D. A.
On the legal nature and signs of subsidiary liability in the bankruptcy procedure of organizations
Ermakova E.P., Trankalan F.I.
Legal consequences of the unagreemental consumption of electric energy
Ivliev P. V., Ananjev O. G.
Prospects for the development of e-commerce in modern Russia
Zaulochnaya S. A.
Protection of the rights of apartment owners: legislation and judicial practice
Zakharova O. N., Epifantseva T. Y.
Compensation for damage caused by the interaction of a vehicle with an animal
Kydryavtseva L. V., Gnezdilova A. S.
Individualization of trade turnover objects
Motsar Yu. V., Atmachev S. I.
Bankruptcy of the hereditary mass: legal aspects of regulation
Nadezhin N. N.
Operational impact measures as legal means of ensuring entrepreneurial activity
Plekhanova O. I.
Military mortgage section: judicial practice experience
Potapova L. V., Dryn N. V.
Joint will of spouses: international experience
RadchenkoE. P., Vdovina A. N.
On the issue of the possibility of employment of convicts in the penal system of the Russian Federation
Stepanenko O. G., Stepanenko Yu. S.
The ability to define an information model of a construction object (BIM) as a composite or complex object of intellectual rights
Yastremskiy I. A.
Legal significance of the claim procedure for settling a dispute under contracts for the provision of medical services in the field of plastic surgery
Aidanov S. D.
State support of social entrepreneurship in the Russian Federation
Ananjeva E. O., Mavritsin E. Е.
The problem of contractual relations in investment activity
Glazachev D. I.
Public-private partnership agreement and life cycle contracts: similarities and differences of legal nature
Derevyanko O. V.
The institution of divorce. Comparative legal analysis
Deltsova N. V., Vedenkina T. P.
On the nature of corporate responsibility
Dzhalilov F. I.
Protection of the rights of a bona fide acquirer regarding the application of Article 174.1 of the Civil Code of the Russian Federation
Zhiltsov K. A.
Loss of chance in medical malpractice in German tort law
Stepanenko O. G., Stepanenko Yu. S.
To the question of domain names
Tikhov S.M.
Trademark dilution. Shall we expand the scope of trademark holders’ rights?
Ulybina O. V., Rodygin R. A., Maseychuk Yu. M.
On the question of the relationship between the concepts of «property» and «property right»
Chepurko A. V.
About certain specifics aspects of particular unnamed means of ensuring the fulfilment of obligations in the civil legislation of Russian Federation
Yukhtanova A. S.
Overcoming the mechanism of subordination of claims in bankruptcy by affiliated persons of the debtor
Yastremskiy I. A.
The jurisdiction in civil cases arising from contracts for the provision of paid medical services in the field of plastic surgery
CIVIL PROCESS
Avdeeva Ya. V.
Problems on the way of development of the institution of reconciliation of the parties in the court justice on the example of a conflict of legal norms
Ermakova E. P., Sergeev R. B.
Development of digitalization of civil law in the modern world
Kotov I. A., Bashilov B. I.
Recovery of court penalties against public entities
Rusakova E. P., Zaitsev V. V.
Court hearing in the metaverse: an alternative to online hearing or internet court
LABOUR LAW
Borovchenkova V. O.
Employer control through technological tools: balancing the legitimate interest of the employer and the privacy of employees
Rakitina E. V.
Prohibition of competition in Russian labor law
Stupnitsky A. E., Kostyuchenko M. A.
Signs of labor relations: features of application for delineation from civil law relations
FINANCIAL LAW
Evsikova E. V., Buts S. B.
Some aspects of tax control in the sphere of legal relations with digital financial assets
Kotik A. O., Basenko D. V., Turov S. E., Kirilyuk A. V., Vinogradova S. A.
Cryptocurrency: the Gold Rush of the 21st century
TAX LAW
Solovyova N. A.
Legal analysis of economic sanctions and anti-sanctions measures against the Russian Federation in 2014 and 2022
Boguslavskaya N. A.
Features of establishing and introducing taxes and fees in the federal territory “Sirius”
Sergeeva K. A., Ponomarev O. V.
Taxation of transactions with digital rouble: integration of the latest technologies into tax regulation and tax control
Solovyova N. A.
The experience of implementing the regulatory function of the tax in the context of economic sanctions on the example of the Islamic Republic of Iran
ENTREPRENEURIAL LAW
Chetvergov D. S.
Conclusion of a retail sale contract on the Internet in the PRC and Russia
LAND LAW
Perelehova T. S., Ermolina M. A.
Problems of legal regulation of provision of plots from forest fund land for the purposes of subsoil use
CRIMINAL LAW
Abyzova E. R.
Problems of qualification and criminal legal assessment of bringing minors to suicide using information and telecommunication networks
Gazizov T. I.
Topical issues on the detection of the crime of illegal extraction of sand and gravel mixture
Zakaznova A. N.
Foreign experience in preventing violent crimes against military service (using the example of the Israel Defense Forces)
Novikova L. V., Suleymanov T. A.
Indicators of criminal liability for non-provision of assistance to a patient by medical staff
Rastoropov S. V.
The concept and types of crimes committed using a mobile phone
Rodygin R. A., Mashlyakevich V. A., Mirkhaydarova M. Yu.
Some elements of the criminal-legal characteristics of robbery and its differentiation from related compounds
Stupina S. A.
Illegal implementation of activities for the return of overdue debts of individuals: individual qualification issues
Stepanenko Yu. S.
Problems of application of the death penalty in modern Russia
Kharaev A. A., Kulik A. A.
Optimization of the procedure for initiating a criminal case and preliminary investigation
Artamonova A. N.
On the issue of improving the terminology used in procedural documents in crim-inal cases on iatrogenic crimes in the process of prosecutorial supervision
Makarova K. V.
Participation of the prosecutor in the appeal proceedings in criminal cases
Popov A. Yu.
Modern aspects of the need to improve legislation in the field of illegal arms trafficking through the use of digital technologies
Sych V. K.
Institutions of punishment and other measures of a criminal-legal nature at the present stage of their development
CRIMINAL PROCESS
Abdullaeva U. A., Dzhantoukhanov V. Z., Dzhantoukhanova M. V.
On the issue of some clarifications of the procedural deadlines: analysis of the changes introduced by the Federal Law of July 31, 2023 Nº 396-FZ
Biruk M. S., Gumenchuk O. O.
Problem issues in documentation and investigation of illegal storage and marking of narcotic drugs with requirements of criminal procedure legislation
Gerasenkov V. M.
Some aspects of participation of the defense counsel in pre-trial proceedings
Logachev K. K.
The role of physical evidence in the investigation of environmental crimes
Olenev P. A.
Development of the institution of procedural control in the domestic criminal procedure legislation
Prokhorova T. L.
Concept and significance of obtaining samples for comparative studies as an inquired action
Roshka M. Ya., Cherepnenko E. A.
On the question of legal regulation of the detention of a suspect
Safonov A. A. Bondareva I. O.
To the question of the correctness of documenting the investigative experiment
Anishchenko O. A.
Some features of the criminal process in cases of economic crimes in England and the United States of America
Gadadov I. S.
On the possibility of application by the court of “asymmetry” of the rules for assessing the admissibility of evidence
Lagaeva E. K., Alyaev A. B.
Functions of the jury court as a social authority
Tikhanin I. V.
Permissiveness as a way of legal regulation of anti-corruption standards in criminal proceedings
CRIMINAL-EXECUTIVE LAW
Vasiljeva Yu. A.
Causes of mass riots (on the example of the penitentiary system of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan)
Gorban D. V.
The concept of re-socialization of convicts: analysis of scientific approaches
Mikhaylov V. S.
Prevention of the spread of criminal subculture in correctional institutions of the penal system
Mikheeva S. V
Рroblems of the application of penalties and rewards by personnel of the FPS to convicts serving sentences in places of detention
Skobeleva O. O.
Programs for deradicalization of convicts in correctional institutions
Tolchenkina M. E.
Probation in Russia: legal foundations and development prospects
Vasiljeva Yu. A.
Mass riots in modern Russian society. Common signs, differences of mass riots committed in correctional institutions and pre-trial detention centers
CRIMINALISTICS
Vnukov V. I., Kairgaliev D. V., Vasiljev D. V.
The specificity of the participation of the specialist-criminalist in the examination of the explosion site
Mashkov S. A.
Influence on the integrity of a person in the process of investigative actions
Nizaeva S. R.
Identification of false testimony during investigative actions through the use of profiling the identity of the interrogated
Nugaeva E. D., Imaeva Yu. B.
Forensic characteristics of corruption crimes committed by employees of the internal affairs bodies of the Russian Federation
Khorev M. V.
The problem of determining the source of increased danger for the purposes of forensics
Ignatov D. A.
Inspection of an Internet-resource as a way of fixing electronic traces of crimes with using informational and telecommunicational technologies
Zadorozhny A. A.
Specifics of expert examinations in the investigation of offences involving radio-controlled explosive devices
CRIMINOLOGY
Zadorozhny A. A.
On certain aspects of increasing the anti-terrorist security of objects of mass visitation of people
Nesterenko A. V.
Causal complex of criminal violence in Russia
Nesterova S. S.
Criminological aspects of economic crime
PROSECUTOR’S ACTIVITIES
Showa O. N.
Prosecutor’s supervision over places of deprivation of liberty
LAW ENFORCEMENT AGENCIES
Anikeenko A. A.
Unified state information system for ensuring transport security as a means of information and technical support for operational investigative activities at transport infrastructure facilities
Vinokurov V. A., Shmantsar D. A.
Destruction or damage of property by negligence: the need to decriminalize the composition or the need to change the disposition and sanctions
Ivliev P. V., Ananjev G. O.
Social guarantees of employees of the penitentiary system: certain aspects of medical support
Demidov V. P., Mokhorova A. Yu., Melnikov S. V.
The impact of digitalization on the state of corruption
Chernomor A. D.
Formation of the main directions of cooperation between the mass media and internal affairs bodies
SECURITY AND LAW
Abazov I. S., Magomedov M. N.
Information support and propaganda of terrorism
Gunderich G. A.
Crimes against the person committed using information and telecommunication technologies
Dosakaev A. B.
Migration – new realities of our time: problems of law enforcement practice
Zhukov A. Z., Romanov A. A., Urusova L. K.
Impact of sanctions on the Russian information security market
STATE AND LAW
Biyarslanova I. R., Denikaeva S. E.
The principle of separation of powers and its implementation in modern Russia
Chernova O. A., Elina A. V.
Current issues of supervision activities prosecution bodies in the aspect
of prevention of offenses and crimes
Tsarkova E. G.
On the issue of implementing the principles of client-centricity in the activities of the Federal Penitentiary Service of Russia
PEDAGOGY AND LAW
Davidenko A. I.,Umatkulova R. R.
Formation of skills of safe and skillful handling of weapons in the implementation of fire training standards
Zorina N. S.
Psychological and pedagogical aspects of work with juvenile convicts held in educational colonies
Zyatev H. I.
The basic principles and forms of spiritual and moral education of schoolchildren in the modern educational system
Javadyan Yu. R.
Pedagogical conditions for the formation of value orientations of students in the educational organization of the Ministry of Internal Affairs of Russia
Kashibadze A. G.
Psychological training of cadets during tactical and special training classes
Nasyrova E. V., Kalugin M. S.
Development of a project to promote educational programs of the institute of information science and security technologies RGGU
Cao Thi Tuong Khanh
Digital transformation in education in Vietnam
Kashibadze A. G.
Moral and psychological training of cadets during tactical and special training classes
Ruban D. A.
Characteristic features of the student’s personality in the educational paradigm as the main element of the sociopsychological aspect
Smirnova M. I.
Extracurricular independent work in a foreign language as a means of forming the professional competence of the Internal Affairs Agencies’ employees of Russia
PSYCHOLOGY AND LAW
Madzhuga A. G., Yumagulova N. I., Agzamov R. R., Abdullina L. B.
Humanistic and existential paradigms in determining the essence of human health creation
Podosinnikova E. A., Podosinnikov S. A., Dosaeva R. N., Taysaeva S. B.
Psychological features of victim behavior in men aged 25 to 55 years
Taysaeva S. B., Ponomareva Yu. V.
Влияние индивидуально-психологических качеств руководителя на групповую сплоченность сотрудников
SOCIOLOGY AND LAW
Bredikhin A. V.
The Islamic vector of China’s domestic policy. Part 1. Muslim minorities
LANGUAGE AND LAW
Bogatyreva Yu. O., Latypova E. R.
Intercultural communication in modern society
Latypova E. R., Baynazarov A. R.
The significance of the linguistic picture of the world in the study of national characteristics
ECONOMY. LAW. SOCIETY
Andryukhina I. Yu., Balyasnikova E. V., Skopich D. L.
On the issue of Strategic Planning and integrated Development of Municipalities in the Russian Federation
Vasiljeva E. V., Zhukova A. G., Ivanova O. S.
Management of human resources development in creative industries sector
Vildanov R. R., Shaimardanova E. L., Kostakova E. I.
Economic cooperation between Russia and China in the digital space
Guliyev I. A., Ruzakova V. I., Kuzmina M. S.
Comprehensive analysis of the global energy transition factors
Makar S. V.
Long-term accents of the spatial development of individual countries: to the study of interrelations of the components
Obukhovskiy A. S.
Developers and realtors: current status state and prospects of relationships development
Nersesyants B. A.
Features and problems of franchise management in the banking sector
Nguyen Q. H., Yakovlev A. A.
Features of the influence of the Vietnamese diaspora in Russia on investment cooperation between the countries
Farkhutdinov A. M., Khusainov S. I., Rayanova F. F.
The rate of housing construction in Privozhsky Federal District: the analysis of the degree of influence of social and economic factors on the input housing
Khalikova E. A., Pryanishnikova A. D.
Risk-oriented approach to corporate control of contract execution in the company
Shkakhova F. A., Dikinov A. K., Yandieva M. S.
Problems of the oil and gas market of the Russian Federation under sanctions pressure
Wang Wei
The impact of globalization on income mobility: evidence from developing countries
Wei Huang
Blockchain technology to enhance the public service capability of digital government
Gaisina G. A.
The problem of interaction of public administration bodies with participants of the gas market and gas supply services
Khalikova E. A., Sozykin A. D., Safronov D. Yu.
Digital support of the company’s business planning based on the BusinessPlan Pro software module
Shkakhova F. A., Dikinov A. Kh., Tsoroeva M. I.
Prospects and trends in the development of population migration in Russia and abroad
Yuelong Zhang
Risk assessment system for national economic security
PHILOSOPHY. LAW. SOCIETY
Wang Gang, Li Xin
Comparison of different texts of the translation into Russian of the philosophical treatise «Dào Dé Jīng»
Grishina E. S., Kotlova Т. В
Ethical as a unity of legal, ethical and moral regulation
Kobylkin R. A.
Some problems of the study of socio-philosophical aspects of law
Kuleshov V. E.
Meaning of life and duty: dialectics of interrelation
Salikhov G.G.
Spiritual culture of peoples between the Irtysh and the Volga in the Middle Ages
Stepanenko A. S.
The philosophy of artificial intelligence and the nature of consciousness
Yashin A. N., Kopylov I. V.
Metaphysics of the revolution in Eurasian historiosophy
Abdeev A. A.
Hadith about the renewal of religion in the understanding of Shihabutdin Marjani» (based on the book «Mukadima Wafiyyat al-Aslyaf»)
Konopleva A. A.
The influence of the political factor on the development of youth identity (on the example of the Republic of Crimea)
Pokul A. A.
Culture of information security of citizens of the Russian Federation in the conditions of digitalization of the economy
Semkin A. V.
The specificity of the value foundations of communication in the context of systemic and structural changes in modern Russian society
Sharipov A. R.
On some aspects and prospects of development of national self-consciousness of autochtonic peoples of the Russian Federation
Yashin A. N., Kopylov I. V.
Ideological and moral foundations of state legal projecting in the doctrine of Eurasianity
INTERNATIONAL LAW
BURYANOV Sergey Anatoljevich
Ph.D. in Law, associate professor, associate professor of the Department of Law of the Institute of Economics, Management and Law of the Moscow City Pedagogical University
THE RIGHT TO FREEDOM OF CONSCIENCE IN THE CONDITIONS OF GLOBAL PROCESSES AND CHALLENGES 4.0
The article examines the right to freedom of conscience in the context of global processes and challenges 4.0. The necessity of reforming legal norms in the field of freedom of conscience is substantiated on the basis of: a new paradigm as an opportunity for worldview choice; the principle of the supremacy of international law, including the legal certainty of key terms; the principle of ideological neutrality; the principle of mutual respect regardless of differences and overcoming xenophobia, intolerance and discrimination. The risks of digital technologies 4.0 are considered, which allow influencing the work of the human brain, as well as extracting, storing and processing information. It is concluded that in the current conditions of digital global processes and challenges 4.0, the effective implementation of human rights, including the right to freedom of conscience, requires not only the improvement of already established principles, norms, mechanisms, but also the legal consolidation of a new generation of digital human rights.
Keywords: global processes, global challenges 4.0, the right to freedom of conscience, digital human rights.
References
1. Buryanov M. S. Digital human rights in the context of global processes: theory and practice of implementation. Monograph. – M.: Rusajns 2022. – 148 p.
2. Buryanov S. A. Significance and prospects of internationally recognized human rights, including freedom of thought, conscience and religion, in the context of globalization of public relations // Eurasian legal journal. – 2015. – No. 12 (91). – P. 25-28.
3. Buryanov S. A. International recognition of the right to freedom of conscience and the problems of its implementation in the Russian Federation in the context of modern global processes. Monograph. – M.: Polygraph service, 2020. – 624 p.
4. Buryanov S. A., Buryanov M. S., Nikitaev D. M. The right to freedom of conscience in the context of global processes: theory and practice of implementation in the Russian Federation. Monograph. – M.: Rusajns, 2020. – 236 p.
5. World Report 2021. Our annual review of the human rights situation around the world. [Electronic resource]. – Access mode: https://www.hrw.org/ru/world-report/vsemirnyy-doklad-2021 (date of access: 02/27/2023).
6. Annual report 2020/21. Human Rights in Europe and Central Asia. – [Electronic resource]. – Access mode: https://eurasia.amnesty.org/chto-my-delaem/godovoj-doklad/ (date of access: 02/27/2023).
7. Epifanov A. E., Lakeev A. E. Action of international legal standards in the legal system of the Russian Federation. Monograph. – M. Yurlitinform. 2014. – 176 p.
8. Ivaneev S. V. Priests instead of “commissars”? // Military legal journal. – 2010. – No. 7. – P. 28-30.
9. Krotkova N. V. International ways of protecting the rights and freedoms of man and citizen: the constitutional and legal aspect // Education and Law. – 2020. – No. 2. – P. 63-68.
10. Minchenko T. P. The problem of ideological identity and the principle of freedom of conscience in the post-secular world // Bulletin of the Tomsk State University. – 2011. – No. 345. – P. 47-51.
11. Minchenko T. P. The problem of freedom of conscience in the era of post-secularity: Origins and prospects: dis. … doc. philosopher. Sciences. – Tomsk, 2011. – 243 p.
12. Mozgovoy S. A. On the issue of introducing the institution of the military clergy in the Russian army // Military legal journal. – 2010. – No. 11. – P. 2-10.
13. Nikitaev D. M. Problems of realization of freedom of conscience in modern Russia and the world. Monograph. – M.: Rusajns, 2020. – 146 p.
14. Nikitaev D. M. Modern problems of implementing the principle of secular state in the Russian Federation. – M.: KNORUS, 2021. – 200 p.
15. Ohmae K. Thinking of a strategist. Japanese Business Art = The Mind of the Strategist: The Art of Japanese Business. – M.: “Alpina Publisher”, 2007. – 224 p.
16. Professor Kaplan spoke about technologies for connecting the human brain with artificial intelligence. – [Electronic resource]. – Access mode: https://fbm.ru/novosti/science/professor-kaplan-rasskazal-o-tehnologijah-svjazi-mozga-cheloveka-s-iskusstvennym-intellektom.html?utm_source=yxnews&utm_medium=desktop (date of access : 02/27/2023).
17. Religion in the elections in Russia. Factor of State Relations with Religious Associations in the Federal Election Cycle of 2003-2004. – M., 2005. – 200 p.
18. Rudinsky F. M. Science of human rights and problems of constitutional law. – M.: CJSC “TF “MIR”, 2006. – 1248 p.
19. Savva S. S. Constitutional Lawvoe consolidation of the principle of secular education: the content and practice of implementation // Politics and Society. – 2006. – No. 7-8. – S. 106-115.
20. Secular state in questions and answers: briefly, accessible and relevant / Ed. I. Kondratiev. – M. 2015. – 62 p.
21. Farkhutdinov I. Z. The American Doctrine of a Preventive Strike from Monroe to Trump: International Legal Aspects. – M. 2018. – 419 p.
22. Farkhutdinov I. Z. International law in the context of globalization // Law and Politics. – 2003. – No. 8. – C. 141-149.
23. Farkhutdinov I. Z. International law on the principle of non-use of force or threat of force: history and modernity // Eurasian Law Journal. – 2015. – No. 11 (90). – P. 34-38.
24. Farkhutdinov I. Z. International legal regulation of investment relations: theory and practice: dis. … doc. legal Sciences. – M. 2006. – 390 p.
25. Farkhutdinov IZ Preventive self-defense in international law: application and abuse // Moscow Journal of International Law. – 2016. – No. 4 (104). – P. 97-124.
26. Chumakov A. N. Global world: clash of interests. Monograph. – M. 2018. – 512 p.
27. Beck U. Was ist Globalisierung? Frankfurt a. – M., 1998. – P. 28-44.
28. Berthet A. Why do emerging AI guidelines emphasize “ethics” over human rights? – [Electronic resource]. – Mode of access: https://www.openglobalrights.org/why-do-emerging-ai-guidelines-emphasize-ethics-over-human-rights/ (Accessed 02/27/2023).
29. Elon Musk: Tesla Bot could develop a unique personality and become a companion. – [Electronic resource]. – Mode of access: https://electrek.co/2021/12/29/elon-musk-tesla-bot-could-develop-unique-personality-become-companion/ (Accessed: 02/27/2023).
30. Farkhutdinov I. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. – Cambridge Scholars Publishing.2020. – 533 p.
31. Giddens A. The Consequences of Modernity. – Stanford University Press, 1990. – 186 p. – R. 63-71.
32. Here’s why we need a Declaration of Global Digital Human Rights. World Economic Forum. – [Electronic resource]. – Mode of access: https://www.weforum.org/agenda/2020/08/here-s-why-we-need-a-declaration-of-global-digital-human-rights/ (Date of access: 27.02. 2023).
33. Institute for the Future of Life. existential risk. – [Electronic resource]. – Access mode: https://futureoflife.org/background/existential-risk/ (Accessed: 02/27/2023).
34. Levitt T. The globalization of markets // Harvard Business Review. – May-June. – 1983. – No 3. – P. 2-11.
35. Ohmae K. The End of the Nation State: The Rise of Regional Economies. – Free Press. 1995. – 214 p.
36. Ohmae K. The Next Global Stage: Challenges and Opportunities in Our Borderless World. – Wharton School Publishing, 2005. – 312 p.
37. Proposal for a Regulation on a European approach for Artificial Intelligence. – [Electronic resource]. – Mode of access: https://digital-strategy.ec.europa.eu/en/library/proposal-regulation-european-approach-artificial-intelligence (accessed 27.02.2023).
38. Robertson R., Lechner F. Modernization, Globalization and the Problem of Culture in the World-Systems Theory // Theory, Culture & society. – 1985. – № 2. – P. 103-117.
39. Sandberg A., Bostrom N. Global Catastrophic Risks Survey. Technical Report #2008-1, Future of Humanity Institute. – Oxford University. 2008. – Pp. 1-5.
40. Schwab K. Shaping the Fourth Industrial Revolution. Portfolio Penguin. – 2018. – 288 rubles
41. Schwab K. The Fourth Industrial Revolution. – Crown business. – New York. 2017. – 192 rubles
42. Sherif Elsayed-Ali New human rights principles on artificial intelligence. – [Electronic resource]. – Mode of access: https://www.openglobalrights.org/new-human-rights-principles-on-artificial-intelligence/ (Accessed: 02/27/2023).
43. UNDESA World Social Report 2021. – [Electronic resource]. – Mode of access: https://www.un.org/development/desa/dspd/world-social-report/2021-2.html (accessed 27.02.2023).
44. United Nations Secretary-Generals Report “Our common agenda”. – [Electronic resource]. – Access mode: https://www.un.org/en/content/common-agenda-report/assets/pdf/Common_Agenda_Report_English.pdf (Accessed 02/27/2023).
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
MAGOMEDOV Ruslan Romanovich
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University
GROUNDS FOR THE LAWFUL USE OF FORCE IN MODERN INTERNATIONAL LAW
The article raises the problem of the admissibility of the use of force by states, despite the fact that the principle of non-use of force or the threat of force is imperative in international law. The doctrine of “preventive self-defense” is analyzed, which substantiates the legitimacy of the use of force against potential sources of danger. Other theories are given, according to which the use of force is permissible both in support of nations and peoples fighting for self-determination, and in substantiation of the legitimacy of the humanitarian intervention that has developed in the practice of many states.
Keywords: international law, lawful use of force, the principle of non-use of force, the doctrine of “preventive self-defense”.
References
1. Wolfgang GV International law. – Moscow: Nauka, 2011. – 1072 p.
2. Lunev A. A. The principle of non-use of force in international law: the history of formation and current trends // Actual issues of public law: Proceedings of the XVII All-Russian Scientific Conference of Young Scientists and Students. – Yekaterinburg, 2018. – S. 124-129.
3. Orlova I. A. The modern legal regime of the use of force in international relations // I. A. Orlova // Eurasian integration: economics, law, politics. – 2017. – No. 2. – P. 50-56.
4. Farkhutdinov I. Z. International law and the US doctrine of preventive self-defense // Eurasian Law Journal. – 2016. – No. 2. – S. 23-33.
INTERNATIONAL LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MIA of Russia
THE INSTITUTE OF DIPLOMATIC ASYLUM IN REGIONAL INTERNATIONAL LAW ON THE EXAMPLE OF LATIN AMERICAN COUNTRIES
The publication aims to study the legal features of the institution of diplomatic asylum in regional international law on the example of Latin American countries. The author considers various legal theories of substantiating the right of an individual to diplomatic asylum in Iberoamerican law, as well as the judicial practice of states. The content, evolution and significance of regional international legal acts regulating the granting of diplomatic asylum are analyzed in detail.
Keywords: international law; institution of diplomatic asylum; extraterritoriality; human rights; the principle of non-refoulement; regional international law.
References
1. Abashidze A. Kh., Gulyaeva E. E., Trikoz E. N. Technique and practice of international rule-making: challenges and solutions (review of materials of the ESIL International Conference) // Bulletin of RUDN University, Series of Legal Sciences. – 2022. – Vol. 26. – No. 2.
2. Belova O. S. The program for the formation of a common electric power market of the Eurasian Economic Union: the target model of the common market and issues of legal regulation // Eurasian Integration. – 2017. – No. 113.
3. Brownli J. International law. M., 1977. Galenskaya, LN The right of asylum. International legal issues. Moscow: International relations, 1968.
4. Gulyaeva E. E. Legal grounds for restricting the right to liberty and security of person under the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Moscow: Yurlitinform, 2013.
5. Demin Yu. G. Status of diplomatic missions and their staff. M., 1995.
6. Martens F. Modern international law. In 2 volumes. M., 1958. T. 2.
7. Yastrebova A. Yu. Separate forms of regional international legal regulation of the institution of asylum. (Article) // Social and humanitarian sciences. Domestic and foreign literature: IAZH. Ser. 4: State and law. 2023. No. 2.
8. Barboza J. Derecho Internacional Publico. Zavalia Editor. Buenos Aires, 1999.
9. Cahier P., Derecho Diplomatico Contemporaneo. – Ed. Rial. Madrid, 1965.
10. Caicedo Castilla J. El Panamericanismo. Editorial Depalma. Buenos Aires, 1961.
11. Desgravación del autor de los testimonios de Dutrénit, S.; Hernández Marines, C. y Rodríguez de Ita, G.: De Dolor y Esperanza. El asilo un pasado presente [DVD]. Mexico: Instituto de Investigaciones Dr. Luis Maria Mora, 2002.
12. Dutrénit Bielous S. Notas para estudiar el asilo diplomático en Argentina, 1974-1982. Estudios Nº 13, Enero-Diciembre 2000, Centro de Estudios Avanzados de la Universidad Nacional de Córdoba.
13. Hathaway J. The Rights of refugees under international law, 2nd edition. Cambridge, 2021.
14. Laura Hughes-Gerber. Diplomatic asylum: exploring a legal basis for the practice under general international law. Springer, 2021.
15. Lecitra M. El asilo diplomatico en el Cono Sur (1970-1980). Los casos de Héctor Campora y Juan Manuel Abal Medina. UAI, 2013.
16. Torres Gigena C. Asilo Diplomático: su práctica y teoría, LA LEY S. A. Buenos Aires, 1960.
17. Vasco Vallejos M.A., Diccionario de derecho internacional, casa de la cultura ecuatoriana “Benjamin Carrión”. Quito, 1986.
18. Zimmermann (ed.), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: a Commentary. Oxford, 2011.
19. Galenskaya L. N. The right of asylum. International legal issues. Moscow: International relations, 1968. 128 p.
INTERNATIONAL LAW
BOGATYRENKO Irina Andreevna
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
INTERIM MEASURES IN THE UNIVERSAL HUMAN RIGHTS TREATY BODIES’ PRACTICE
The article deals with the practice of applying interim measures by UN human rights treaty bodies. The author considers the legal grounds for taking such measures, developed in the practice of both the treaty bodies themselves and in the practice of other international bodies. The article also examines the issues of their binding force of the interim measures, and the practice of the treaty bodies showing the mandatory nature of interim measures taken by them. In turn, the states’ practice reflects the different approaches of states to this issue.
Keywords: treaty bodies, human rights, universal international human rights treaties, interim measures, legally binding force.
References
1. Pimenova SD Provisional measures in the practice of international courts and tribunals. – M.: Statute, 2023. – 192 p.
2. Punzhin S. Procedural law of the International Court of Justice: provisional measures (part 1) // International Justice. – 2015. – No. 4 (16). – S. 51-70.
3. Brown C. Inherent Powers in International Adjudication // The Oxford Handbook of International Adjudication / C. Romano, K.J. Alter, Y. Shany (eds.), 2013.
4. Ghandi S. The Human Rights Committee and Interim Measures of Relief // Canterbury Law Review. – 2007. – Vol. 13. – P. 203-226.
5. Harrington J. Punting Terrorists, Assassins and Other Undesirables: Canada, the Human Rights Committee and Requests for Interim Measures of Protection. – P. 55-87.
6. Keller H., Ulfstein G. UN Human Rights Treaty Bodies: Law and Legitimacy. – 461 p.
7. Rieter E. Preventing Irreparable Harm. Provisional Measures in International Human Rights Adjudication. – 1200 p.
INTERNATIONAL LAW
KOPYLOV Stanislav Mikhaylovich
Ph.D. in Law, associate professor, associate professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba of the People’s Friendship University of Russia
OSTROUKHOV Nikolay Viktorovich
Ph.D. in Law, professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba of the People’s Friendship University of Russia
2023 AGREEMENT UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ON THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY OF AREAS BEYOND NATIONAL JURISDICTION: HAS THE PROBLEM OF MARINE BIODIVERSITY BEEN SOLVED?
The article analyzes the Agreement based on the UN Convention on the Law of the Sea of 1982 on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, the text of which was adopted at the resumed 5th session of the Intergovernmental Conference on Marine Biodiversity of Areas beyond National Jurisdiction on 19 June 2023. Controversial provisions of the 2023 Agreement are reviewed and the unacceptability of this international treaty to some States and potential risks are critically justified.
Keywords: UN Convention on the Law of the Sea 1982, Conservation of the Marine Environment, Biodiversity, High Seas, Exclusive Economic Zone, International Maritime Organization, UNESCO Intergovernmental Oceanographic Commission, Food and Agriculture Organization .
References
1. Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (Further resumed Fifth Session, 71st plenary). [Electronic resource]. – Access mode: https://media.un.org/en/asset/k1q/k1q59dfnp2 (Accessed: 07/02/2023).
2. UN Declaration on the Rights of Indigenous Peoples 2007. [Electronic resource]. – Access mode: https://www.ohchr.org/sites/default/files/Documents/Publications/Declaration_indigenous_en.pdf (accessed 02.07.2023).
3. Code of Conduct for Responsible Fisheries 1995. [Electronic resource]. – Access mode: https://www.fao.org/3/v9878e/v9878e00.htm (accessed 02.07.2023).
4. Convention on Biological Diversity 1992. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/biodiv.shtml (date of access: 07/02/2023).
5. Organization Conventionand the United Nations on the Law of the Sea 1982 // Collection of Legislation of the Russian Federation. – No. 48. – 01.12.1997. – Art. 5493.
6. Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/dumping.shtml (date of access: 07/02/2023).
7. Koval E. Yu., Solntsev A. M. Kunming-Montreal global framework program in the field of biodiversity: international legal analysis // International Legal Courier. – 2023. – № 2. – P. 30-38.
8. International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004. [Electronic resource]. – Access mode: http://www.publication.pravo.gov.ru/Document/View/0001201709080012 (date of access: 02.07.2023).
9. International Convention on Oil Pollution Preparedness, Control and Cooperation, 1990. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/oil_pollution_preparedness.shtml (date of access: 02.07.2023).
10. International Convention for the Prevention of Pollution from Ships, 1973, as modified by its 1978 Protocol. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pdf/pollution_from_ships.pdf (date of access: 02.07.2023).
11. International maritime law / Ed. ed. Blishchenko I.P. – M.: Publishing House of UDN, 1988.
12. FAO International Plan of Action to Prevent, Prevent and Eradicate Illegal, Unreported and Unregulated Fishing, 2001. [Electronic resource]. – Access mode: https://www.fao.org/3/y1224r/Y1224R.pdf (accessed 02.07.2023).
13. 1996 Protocol amending the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/protocol_sea_waste.shtml (date of access: 07/02/2023).
14. UN Fish Stocks Agreement 1995. [Electronic resource]. – Mode of access: https://www.un.org/Depts/los/convention_agreements/convention_overview_fish_stocks.htm (Accessed 07/02/2023).
15. A/CONF.232/2023/4 – Agreement based on the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N23/177/30/PDF/N2317730.pdf?OpenElement (Accessed 07/02/2023).
16. A/RES/69/292 – Development of an international legally-binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. [Electronic resource]. – Access mode: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/RES/69/292&Lang=r (Accessed: 07/02/2023).
17. Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (Further resumed Fifth Session, 71st plenary). [Electronic resource]. – Access mode: https://media.un.org/en/asset/k1q/k1q59dfnp2 (accessed 02.07.2023).
INTERNATIONAL LAW
KRIKUNOVA Sofya Sergeevn
postgraduate student of the 2nd course of International and integration law sub-faculty of the M. M. Speransky Law Faculty of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration, an external expert of the Expert Council for the Development of the Digital Economy, Technologies and Innovations of the Youth Parliament under the State Duma of the Russian Federation
INTERNATIONAL PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN THE CONTEXT OF THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE: PROBLEMS, IMPROVEMENT, PROSPECTS
With the development of artificial intelligence technologies, many difficult-to-solve issues arise related to ensuring guarantees of international protection of human rights and fundamental freedoms, about which the author narrates in this article. The study revealed the need to develop recommendations for the protection of human rights at the universal level, which are most susceptible to the negative impact of artificial intelligence technologies.
The author calls on readers to pay close attention to such a need, due to the extremely rapid, as well as uncontrolled spread, use, introduction of artificial intelligence technologies around the world, because without proper international control over their development and functioning, the human rights of each of us are under threat of violation every day, which, undoubtedly, cannot do not cause concern from the world community.
Keywords: artofficial intelligence; human rights and freedoms in the digital age; the use of artificial intelligence technologies and their impact on the world community; international guarantees for the protection of human rights and fundamental freedoms; sources of international legal regulation of human rights protection in the context of the development of artificial intelligence technologies; digital era of innovative technologies.
References
1. The Universal Declaration of Human Rights, adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948: official. Text. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml (date of access: 07/14/2023).
2. Resolution of the United Nations Human Rights Council “The right to privacy in the digital age” No. A/HRC/RES/42/15, adopted on September 26, 2019: official. text. [Electronic resource]. – Access mode: https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2FRES%2F42%2F15&Language=E&DeviceType=Desktop&LangRequested=False (Accessed: 07/08/2023).
3. Resolution of the United Nations General Assembly “Promotion and protection of human rights and fundamental freedoms, including the rights to peaceful assembly and freedom of association” No. A/RES/73/173, adopted on December 17, 2018: official. text. [Electronic resource]. – Access mode: https://digitallibrary.un.org/record/1659739 (Accessed: 07/10/2023).
4. Report of the Secretary-General of the United Nations “Roadmap for Digital Cooperation: Implementing the Recommendations of the High-Level Panel on Digital Cooperation” No. A/74/821 dated May 29, 2020: official. text. [Electronic resource]. – Access mode: https://www.un.org/en/content/digital-cooperation-roadmap/ (accessed 12.07.2023).
5. Appeal of the President of the Russian Federation “On the conduct of a special military operation” of February 24, 2008: official. text // [Electronic resource]. Access mode: SPS “Garant”.
INTERNATIONAL LAW
KULEV Matvey Gennadjevich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
HISTORY OF THE APPEARANCE AND DEVELOPMENT OF BILATERAL LABOUR MIGRATION AGREEMENTS
The article discusses the historical aspect of the emergence and development of bilateral international legal agreements in the field of labor migration regulation, which allows us to trace both the periodization of historical stages and the main reasons for the formation of such agreements. The author comes to conclusions about the close relationship between the historical stages of development of labor migration in the USSR and in European countries, as well as the fact that today bilateral agreements are the main source of regulation of labor migration flows in the world.
Keywords: bilateral agreements on migration, history of labor migration, international legal regulation of migration
References
1. Bobeva D., Garson, J.-P. Overview of bilateral agreements and other forms of labor agreements in OECD // Migration for employment: bilateral agreements at a crossroads, Organization for Economic Cooperation and Development. – Paris, 2014. – P. 11-29.
2. Böhning R. A brief account of the ILO and policies on international migration: ILO Century Project // International Institute for Labor Studies, International Labor Office. – Geneva, 2012. – 60 p. [[Electronic resource] – Access mode: http://www. ilo.org/public/libdoc/ilo/2012/470804.pdf (accessed 01/18/2023).
3. Chilton A., Posner E. Why Countries Sign Bilateral Labor Agreements // Coase-Sandor Working Paper Series in Law and Economics. – 2017. – No. 807. – 51 p. [Electronic resource] – Access mode: https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2497&context=law_and_economics (Accessed 02/28/2023).
4. International labor migration: A rights-based approach // International Labor Office. – Geneva, 2010. – 17 p.
5. International migration, 1945-1957 // International Labor Office. – Geneva, 1959. – 285 p. [Electronic resource] – Access mode: https://archive.org/details/reportofcommissi00inte/page/6/mode/2up (date of access: 01/28/2022).
6. Migrant workers, Report III (1B) // International Labor Conference. – 1999. – 32 p. [Electronic resource] – Access mode: http://www.ilo.org/public/libdoc/ilo/P/09661/09661(1999-87_1B).pdf (Accessed: 28.01.2023).
7. Monterisi S. Africa: Comparative analysis of the mapped bilateral agreements concluded by African countries: Draft report prepared for the ILO-KNOMAD Thematic Working Group on Low Skilled Migration // Labor Migration Branch, ILO, Geneva. – 2014. – 111 p. [Electronic resource] – Access mode: https://www.ilo.org/wcmsp5/groups/public/—ed_emp/—ifp_skills/documents/genericdocument/wcms_747708.pdf (Accessed: 01/18/2023).
8. Rass C. Temporary Labor Migration and State-Run Recruitment of Foreign Workers in Europe, 1919–1975: A New Migration Regime? // International Review of Social History. – 2012. – No. 57 (S20). – P. 191-224.
9. Regional Guidelines for the Development of Bilateral Labor Agreements in the Southern African Development Community // International Organization for Migration. – Geneva, 2016. – 64 p. [Electronic resource] – Access mode: https://www.iom.int/sites/g/files/tmzbdl486/files/documents/regional_guide_bilateral_labour_agreements_0.pdf (date of access: 25.02.2023).
10. Report of the Commission: International Emigration Commission, ILO. – Geneva, 1921. – 73 p. [Electronic resource] – Access mode: https://archive.org/details/reportofcommissi00inte/page/6/mode/2up (Accessed: 02/28/2023).
11. Vasuprasat P. Inter-state cooperation on labor migration: Lessons learned from MOUs between Thailand and neighboring countries, Asian Regional Program on Governance of Labor Migration // ILO Regional Office for Asia and the Pacific, International Labor Office. – Bangkok, 2014. – 11 p.
12. Wickramasekara P. Bilateral Agreements and Memoranda of Understanding on Migration of Low Skilled Workers: A Review // International Labor Office, Geneva. – 2015. – 64 p. [Electronic resource] – Access mode: www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—migrant/documents/publication/wcms_385582.pdf (date of access: 28.02.2023) .
13. Wickramasekara P. Circular migration: A triple win or a dead end // Global Union Research Network Discussions Papers, International labor Organization. – Geneva, 2011. – No. 15. – P. 7-8.
14. Wickramasekara P. Labor migration in Asia: Role of bilateral agreements and MOUs // International Migration and Labor Market in Asia. – 2006. – 17 p.
15. Wickramasekara P. Something is Better than Nothing: Enhancing the protection of Indian migrant workers through Bilateral Agreements and Memoranda of Understanding // Migrant Forum in Asia, Manila. – 2012. – 49 p. [Electronic resource] – Access mode: http://ssrn.com/abstract=2032136 (date of access: 12/21/2022).
16. Makarova L. V., Morozova G. F., Tarasova N. V. Regional features of migration processes in the USSR. // Answer. ed. L. L. Rybakovsky. – M.: “Nauka”, 1986. – S. 65.
INTERNATIONAL LAW
SANGAR Samad Asaad
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
EXAMINING LEGAL REGULATIONS AND THE WATER GOVERNANCE OF THE TIGRIS AND EUPHRATES RIVER BASIN
The objective of this article is to examine the legal safeguards provided to international water resources and assess the extent of entitlement for downstream nations, such as Iraq, to utilise international watercourses such as the Tigris and Euphrates. Iraq is situated in a downstream position relative to the Tigris and Euphrates rivers, consequently, the infrastructure development initiatives were carried out along their banks have exerted a significant impact on the country. This study employs a doctrinal legal research methodology, which holds significant value in comprehending the pertinent substantive law by examining legal regulations, court decisions, and legislative enactments. The objective is to delineate the fundamental principles underlying the current international conventions and protocols in this domain. According to the article, it can be observed that Iraq has historically acquired the entitlement, which has been duly recognized by international norms and principles, to partake in the utilization of water resources originating from the Tigris and Euphrates Rivers, alongside the upstream nations of Syria , Iran and Turkey. This article posits that in accordance with the concept of acquired rights as recognised by international law, it is imperative for all riparian nations sharing the Tigris and Euphrates rivers to uphold Iraq’s established historical water allocations.
Keywords: Legal Regulations, Water Governance, Tigris, Euphrates, International River Basin, Iraq.
References
1. Akanda, A., Freeman, S., & Placht, M. (2007). The Tigris-Euphrates River basin: mediating a path towards regional water stability. Al Nakhlah, 31, 1-12.
2. Al-Ansari, N., AlJawad, S., Adamo, N., Sissakian, V. K., Knutsson, S., & Laue, J. (2018). Water quality within the Tigris and Euphrates catchments. Journal of Earth Sciences and Geotechnical Engineering, 8(3), 95-121.
3. Albrecht, T. R., & Gerlak, A. K. (2022). Beyond the basin: Water security in transboundary environments. Water Security, 17, 100124.
4. Al-Hayali, A. A. A. A. (1995). The Euphrates and the Arab water security. Ph.D. Diss., Al-Mustansiriya University, College of Education.
5. Al-Khairu, Izzuldin Euphrates and the international law. – Baghdad: Al-Hurriya Press, 1976.
6 Al-Tamimi A. E. K. (1999). Arab Water Challenge and Response. Center for Arab Unity Studies, Beirut, 160.
7 Al-Zubaidi M. A. M. H. (2008). Iraqi water security: A study on the progress of negotiations in dividing the international waters.
8. Ameen M. (2007). The Code of Hammurabi. London: Dar Alwarrak Publishing Ltd.
9. Bukuru Zh. B., Solntsev A. M. International legal cooperation on the use and protection from pollution of transboundary water resources in Africa // Legal paradigm. – 2017. – No. 1. – P. 186-193.
10. Busby, J. (2018). Warming world: Why climate change matters more than anything else. Foreign Aff., 97, 49.
11. Caponera D. A. (1980). The law of international water resources, Legislative Study No. 23. Rome: Food And Agriculture Organization of The United Nations (FOA), Legislation Branch Legal Office.
12. Colglazier E. W. (2018). Science diplomacy and future worlds. science & Diplomacy, 7(3), 1-20.
13. Da Silveira A. R., & Richards K. S. (2013). The link between polycentrism and adaptive capacity in river basin governance systems: insights from the river Rhine and the Zhujiang (Pearl River) basin. Annals of the Association of American Geographers, 103(2), 319-329.
14. Dasgupta, P., Srinivasan, R., Ahmadi, M., & Verma, D. (2017). Spatial and temporal patterns of precipitation and stream flow variations in Tigris-Euphrates river basin. Environmental monitoring and assessment, 189, 1-15.
15. De Stefano, L., & Garrick, D. E. (2018). Governing water in federal river basins. Regional Environmental Change, 18(6), 1573-1578.
16. Gerlak A. K. (2007). Lesson learning and transboundary waters: a look at the Global Environment Facility’s international waters program. Water Policy, 9(1), 55-72.
17. Grant J. P and Barker J. C. (Eds.) Encyclopedic dictionary of international law. 3rd ed. – Oxford: Oxford University Press, 2009. Doi: 10.1093/acre/9780195389777.001.0001.
18. Ibrahim A. Law of rivers and international watercourses. Cairo: Arab Renaissance Press, 1995.
19. IISD, 2022. 2023 UN Climate Change Conference (UNFCCC COP 28). Access at https://sdg.iisd.org/events/2022-un-climate-change-conference-unfccc-cop-28/
20. McClimans M. (2017). Euphrates-Tigris water issues: An introduction. Ohio: PB Pressbooks. Accessed at https://ohiostate.pressbooks.pub/etwr/front-matter/introduction/
21. Milman, A., Gerlak, A. K., Albrecht, T., Colosimo, M., Conca, K., Kittikhoun, A., … & Ziegler, J. Addressing knowledge gaps for transboundary environmental governance // Global Environmental Change. – 2020. – No. 64. – R. 102162.
22. One Earth, 2019. Tigris-Euphrates Alluvial Salt Marsh. Accessed at https://www.oneearth.org/ecoregions/tigris-euphrates-alluvial-salt-marsh/
23. Rivera, Alfonso, and Lucila Candela (2018). “Fifteen-year experiences of the internationally shared aquifer resources management initiative (ISARM) of UNESCO at the global scale.” Journal of Hydrology: Regional Studies 20: 5-14.
24. Sadiq, Ali Hussein. (1976). Iraq’s acquired rights in the waters of the Euphrates. Master’s thesis, Baghdad University, College of Law and Politics. Access at: https://hcss.nl/wp-content/uploads/2021/01/WPS-WorkingPaper-InterprovincialWaterChallenges.pdf.
25. Steffen W., Rockström J., Richardson K., Lenton T. M., Folke C., Liverman D., … & Schellnhuber H. J. (2018). Trajectories of the Earth System in the Anthropocene // Proceedings of the National Academy of Sciences. – No. 115 (33). – R. 8252-8259.
26. UNHCR, 2021. Mandates of the Special Rapporteur on the situation of human rights defenders.
27. United Nations Climate Change, 2022. Sharm el-Sheikh Climate Change Conference – November 2022.
28. Which World Are We Living in? July/August Issue. foreign affairs. 2018. Accessed at: https://www.foreignaffairs.com/issues/2018/97/4 at 10/07/2023.
29. Wilder M. O., Varady R. G., Gerlak A. K., Mumme S. P., Flessa K. W., Zuniga-Teran, A. A., … & Megdal S. B. (2020). Hydrodiplomacy and adaptive governance at the US-Mexico border: 75 years of tradition and innovation in transboundary water management. environmental science & policy, 112. – R. 189-202.
INTERNATIONAL LAW
SUBHONZODA Abdumannon Subhon
adjunct of Human rights and international law sub-faculty of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
CURRENT ISSUES OF INTERNATIONAL LEGAL REGULATION OF COOPERATION OF THE UNITED NATIONS AND THE AFRICAN UNION IN PEACEKEEPING ACTIVITIES
The article discusses the current issues of interaction between the United Nations (UN) and the African Union (AU) in the context of their cooperation in peacekeeping activities. Africa, as a continent experiencing constant internecine conflicts and challenges, requires joint efforts between the UN and the AU to achieve peaceful conflict resolution, maintain security and stability in the region. The article analyzes the main aspects and challenges faced by the UN and the AU in international peacekeeping on the African continent, and proposes possible ways to strengthen effective bilateral partnership.
Keywords: United Nations, African Union, conflicts, peacekeeping, partnership.
References
1. Bokeria S. A. Partnership between the UN and the AU in the field of peacekeeping: trends and problems // Bulletin of international organizations: education, science, new economy. – 2022. – V. 17. No. 2. – S. 189 – 207.
2. Bokeria S. A., Kiamba A. Partnership of the UN and the African Union in the implementation of the agenda “Women, peace and security”: politics, formats and strategies // Bulletin of the Peoples’ Friendship University of Russia. Series: International relations. – 2023. – V. 23. No. 2. – S. 307-321.
3. Bulatov V. African architecture of peace and security // Foreign Military Review. – 2017. – No. 3. – P. 12–17.
4. Romadan L.I. Evolution of UN peacekeeping in the late XX – early XXI century: on the example of the African continent: dissertation … candidate of political sciences: 23.00.04 / [Place of defense: Institute of Africa RAS]. – M., 2019.
5. Harin D. UN peacekeeping operations in Africa // Foreign military review. – 2023. – No. 4. – P. 14-19.
INTERNATIONAL LAW
OSTROUHOV Nikolay Viktorovich
Ph.D. in Law, professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
BISULTANOV Aslanbek Kamaudievich
senior lecturer of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
THE RELATIONSHIP BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW
This article provides a comprehensive analysis of the relationship between international humanitarian law (IHL) and international human rights law (IHRL). The article begins by presenting a clear conceptual framework for IHL and IHRL, explaining their respective spheres of action and purposes. The article highlights overlapping principles and norms shared by both branches. Examining the relationship between IHL and IHRL, the article examines the complementary nature of the two branches. Drawing on case studies and jurisprudence, the article demonstrates how the IHL and IHRL work together to ensure the protection and promotion of human rights both in peacetime and during armed conflict. In addition, the article examines the problems and tensions that may arise between IHL and IHRL. It analyzes the mechanisms used to reconcile potential conflicts, including the application of the principle of lex specialis and a harmonious interpretation of the two branches. The article provides its own perspective on these issues, using the views of international legal experts and scholars in the field. The article contributes significantly to the understanding of the dynamic interaction between IHL and IHRL. Its comprehensive approach and the inclusion of case studies make this article an important source for scholars, researchers, and practitioners seeking to better understand the relationships between IHL and IHRL.
Keywords: Armed conflicts, international humanitarian law, 1949 Geneva Conventions, 1977 Additional Protocols, combatants, prisoners of war, civilians, international human rights law, international law, international protection of human rights.
References
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. – M.: International relations, 1989.
3. Bisultanov A. K. Action of international humanitarian law in personae and armed groups // Law and Law. – 2015. – № 11.
4. Blishchenko I. P. Ordinary weapons and international law. – M.: Intern. Relations, 1984.
5. Boucher-Saulnier F. Practical Dictionary of Humanitarian Law. – M.: Publishing house “VPK”, 2004.
6. Gulasaryan A. S. Decision of the Grand Chamber of the European Court of Human Rights in the case of Al-Jedda v. United Kingdomva” dated July 7, 2011 // Bulletin of the O. E. Kutafin University. – 2015. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/reshenie-bolshoy-palaty-evropeyskogo-suda-po-pravam-cheloveka-po-delu-al-dzhedda-protiv-connectedinennogo-korolevstva-ot-7- iyulya-2011-goda (date of access: 07/01/2023).
7. David E. Principles of the Law of Armed Conflicts: A Course of Lectures of the Faculty of Law of the Open University of Brussels. – M.: International Committee of the Red Cross, 2000.
8. Current international law. T. 2. – M: Moscow Independent Institute of International Law, 1997.
9. Kalugin V. Yu. The course of international humanitarian law. Kalugin. – Minsk: Theseus, 2006.
10. Kalskhoven, F. Limits of methods and means of warfare. – 2nd ed., corrected. – M.: ICRC, 1999.
11. Martynenko E. V., Bisultanov A. K. Hybrid War and International Humanitarian Law // Eurasian Law Journal. – 2016. – No. 6. – P. 24–26.
12. Mikhailov N. G. International Criminal Tribunal for the former Yugoslavia. Problems of competence // Vestnik RUDN University. Series: Legal Sciences. – 2006. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodnyy-ugolovnyy-tribunal-po-byvshey-yugoslavii-problemy-kompetentsii (date of access: 07/01/2023).
13. Pictet J. Development and principles of international humanitarian law. – M.: ICRC, 2000.
14. Rusinova V. N. “Theories of correlation between the norms of international humanitarian law and international human rights law”. Science Foundation of the National Research University Higher School of Economics. – 2014. [Electronic resource]. – Access mode: https://law-journal.hse.ru/2014–1/118927147.html (date of access: 07/01/2023).
15. Advisory opinion on the Legality of the Threat or Use of Nuclear Weapons. – 1996. [Electronic resource]. – Access mode: https://www.icj-cij.org/case/95 (date of access: 07/01/2023)
16. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. – 2003. [Electronic resource]. – Access mode: https://www.icj-cij.org/case/131 (date of access: 07/01/2023).
PRIVATE LAW INTERNATIONAL
GULIYEV Igbal Adil ogly
Ph.D. in economic sciences, Deputy Director of the International Institute for Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
BEZMEN Alexander Ivanovich
student of the Moscow State Institute of International Relations (U) of the MFA of Russia
BORONENKO Alexander Igorevich
student of the Moscow State Institute of International Relations (U) of the MFA of Russia
THE IMPACT OF FRENCH NUCLEAR POWER ON ITS INTERNATIONAL RELATIONS
In this article, an analysis was made of France’s international conflicts due to the refusal of many countries to use nuclear energy. In 2020, the Fifth Republic closed one of the oldest nuclear power plants, Fessenheim, amid pressure from Germany, and at the moment the issue with Luxembourg over the operation of the Katten nuclear power plant remains unresolved. In addition, the ongoing debate in the European Union on the recognition of nuclear energy as “green” is causing a split between the participating countries: the countries of Eastern Europe, led by France, demand that nuclear energy be recognized as one of the ways to achieve carbon neutrality, opponents of this idea argue that this energy source cannot be classified as neither safe for the environment nor for humans.
Keywords: energy, nuclear energy, international energy, France, international relations.
References
1. Greenpeace activists convicted of breaking into a French nuclear power plant // DW. 02/28/2018. [Electronic resource]. – Access mode: https://www.dw.com/ru/greenpeace-activists-convicted-for-penetrating-a-french-nuclear-power plant/a-42764173 (accessed: 11/24/2022).
2. Germany will turn off all nuclear power plants and exit the nuclear industry // Gazeta.ru. 10/18/2022. [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/10/18/18825529.shtml (access date: 11/20/2022).
3. A fire occurred at the French nuclear power plant Cattenom//REGNUM. 06/01/2016. [Electronic resource]. – Access mode: https://regnum.ru/news/accidents/2282843.html (access date: 11/24/2022).
4. Bundesumweltministerin Schulze: Stilllegung des AKW Fessenheim macht auch Deutschland sicherer// bundesministerium für umwelt, naturschutz und nukleare sicherheit [Electronic resource]. – Mode of access: https://www.bmu.de/pressemitteilung/bundesumweltministerin-schulze-stilllegung-des-akw-fessenheim-macht-auch-deutschland-sicherer/ (accessed: 11/24/2022).
5. Commission Delegated Regulation (EU) 2022/1214. EUR Lex. 03/09/2022. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32022R1214 (accessed: 11/24/2022).
6. Declaration de M. François Hollande, Président de la République, sur les énergies renouvelables notamment marines, à Cherbourg le 09/30/2013// République française. [Electronic resource]. – Mode of access: https://www.vie-publique.fr/discours/189134-declaration-de-m-francois-hollande-president-de-la-republique-sur-les (accessed: 11/22/2022).
7 Document. Les 60 engagements de Hollande // Liberation. [Electronic resource]. – Mode of access: https://www.liberation.fr/france/2012/01/26/les-60-engagements-de-hollande_791303/ (accessed: 11/22/2022).
8. “Fissures de corrosion”: le Luxembourg inquiet de l’arrêt d’un réacteur nucléaire français à sa frontière. BFM business. 14.04.2022. [Electronic resource]. – Mode of access: https://www.bfmtv. com/economie/entreprises/energie/fissures-de-corrosion-nucleaire-le-luxembourg-inquiet-de-l-arret-d-un-reacteur-nucleaire-francais-a-sa-frontiere_AD-202204140551.html (accessed: 11/24/2022).
9. France to close nuclear power plant after German and Swiss criticism//DW. 03/07/2016. [Electronic resource]. – Mode of access: https://www.dw.com/en/france-to-close-nuclear-power-plant-after-german-and-swiss-criticism/a-19099349 (accessed: 11/22/2022).
10. German Chancellor Angela Merkel Speech to Bundestag on Nuclear Power 17.03.2011 // C.SPAN. [Electronic resource]. – Mode of access: https://www.c-span.org/video/?298681-1/german-chancellor-angela-merkel-speech-bundestag-nuclear-power (accessed: 11/20/2022).
11. German developments following Fukushima// Federal Ministry for the environment, nature conservation and nuclear safety. [Electronic resource]. – Mode of access: https://www.bmu.de/en/topics/nuclear-safety-radiological-protection/nuclear-safety/response-to-fukushima/overview/pdf (accessed: 11/20/2022).
12. Interview de Mme Élisabeth Borne, ministre de la transition écologique et solidaire, à RMC le francaise. [Electronic resource]. – Mode of access: https://www.vie-publique.fr/discours/273504-elisabeth-borne-19022020-centrale-fessenheim-neige-eoliennes (accessed: 11/24/2022).
13. Le Luxembourg a un plan pour fermer la centrale nucléaire de Cattenom// France bleu. 11/21/2019. [Electronic resource]. – Mode of access: https://www.francebleu.fr/infos/environnement/le-luxembourg-a-un-plan-pour-fermer-la-centrale-nucleaire-de-cattenom-1574362970 (accessed: 11/24/2022 ).
14. Lettre de M. Nicolas Sarkozy, président de l’UMP et candidat à l’élection présidentielle, adressée aux Français pour leur présenter son program électoral, Paris le 29 mars 2007 // République française [Electronic resource]. – Mode of access: https://www.vie-publique.fr/discours/166164-lettre-de-m-nicolas-sarkozy-president-de-lump-et-candidat-lelectio (accessed: 11/24/2022).
15. Referendum 08/11/1987 // Official website of the Ministry of Foreign Affairs of Italy. [Electronic resource]. – Mode of access: https://elezionistorico.interno.gov.it/index.php?tpel=F&dtel=08/11/1987&tpa=I&tpe=A&lev0=0&levsut0=0&es0= S&ms=S (accessed 11/20/2022).
16. Referendum 12/06/2011 // Official website of the Ministry of Foreign Affairs of Italy. [Electronic resource]. – Mode of access: https://elezionistorico.interno.gov.it/index.php?tpel=F&dtel=12/06/2011&tpa=I&tpe=A&lev0=0&levsut0=0&es0= S&ms=S (accessed 11/20/2022).
17. Stratégie française pour l’énergie et le climat // Programmation pluriannuelle de l’énergie. 2019-2023. [Electronic resource]. – Mode of access: https://www.ecologie.gouv.fr/sites/default/files/20200422%20Programmation%20pluriannuelle%20de%20l%27e%CC%81nergie.pdf (accessed: 11/20/2022).
18. UE: sept pays dont la France defendent la place du nucléaire//economie. 03/25/2021. [Electronic resource]. – Mode of access: https://www.lefigaro.fr/flash-eco/ue-sept-pays-dont-la-france-defendent-la-place-du-nucleaire-20210325 (accessed: 11/24/2022).
19. Yarovova T. V., Kalinkina V. V. Digital transformation of education in Russia: what should a teacher be like in the digital era. Pedagogical education and science. – 2021. – No. 2. – S. 92-95.
PRIVATE INTERNATIONAL LAW
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
SYNERGY OF MULTI-FACTORY INTELLIGENT SYSTEMS “E-CHAIN CLOUD MIRROR” AND “E-CHAIN SMART ENFORSMENT” AS NEW MECHANISMS OF GUANGZHOU INTERNET COURT IN REALIZING THE RIGHT TO ACCESSIBLE JUSTICE
The article describes the use of two innovative technologies, E-Chain Cloud Mirror and E-Chain smart Enforcement, to resolve disputes in the Guangzhou Internet Court in China. These technologies make it possible to automate the dispute resolution process and increase the efficiency of the judicial system. It is also noted that the use of these technologies has significantly improved the quality of e-justice in China. However, it also highlights that there are still issues that need to be addressed in order to make better use of e-justice.
Keywords: Internet court, e-justice in China, cross-border disputes, digitalization of legal proceedings.
Reference list
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. – P. 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. – P. 29-37.
3. Ermakova E. P., Frolova E. E. Artificial Intelligence in Civil Litigation and Arbitration: Experience of the USA and China. – Moscow: Publishing house “Yurlitinform”, 2021. – 224 p. – (Civil and arbitration process).
4. 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.
5. 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.
6. Kozhokar I. P. Innovations and innovative activities: legal aspect // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – T. 15, No. 3. – pp. 141-187. – DOI 10.35427/2073-4522-2020-15-3-kozhokar.
7. 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.
8. Rusakova E. P., Frolova E. E. Procedural Aspects of Proof in China’s Internet Courts: Opportunities for Receiving BRICS Jurisdiction // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap: Institute of Scientific Communications Conference. – Cham: Springer Nature, 2021. – P. 1598-1605.
9. Rusakova E. P. Integration of “smart” technologies in the civil proceedings of the People’s Republic of China // RUDN Journal of Law. – 2021. – Vol. 25, No. 3. – P. 622-633.
10. 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 University), 2022. – 173 p.
11. Solovyov, A. A. Digital technologies in legal proceedings: foreign experience // Bulletin of the Arbitration Court of the Moscow District. – 2022. – No. 3. – pp. 71-76. – DOI 10.46279/ASMO.2022.92.43.004.
12. 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
FEI Yin
postgraduate student of the Faculty of Law of the Sun Yat-sen University, Guangzhou city, People’s Republic of China
RETHINKING THE PERFORMANCE PROMISE COMPENSATION SYSTEM FOR ASSET REORGANIZATION IN CHINA’S SECURITIES MARKET
Performance promise compensation plays a pivotal role in harmonizing the interests of both parties in M&A transactions. However, its widespread use in the Chinese securities market has brought a series of negative effects. To optimize the institutional effect of performance promise compensation, a systematic correction of its operational flaws is urgently required. From a theoretical standpoint, the academic community has mainly generalized discussions within the domain of equity financing in the context of betting agreements. The nature of this determination should consider the unique attributes of M&A and restructuring in terms of transaction purpose and institutional design. Regarding institutional practice, Chinese judicial processes have not entirely considered the unique features of performance promise compensation in significant asset reorganizations. The conflict between the performance promise compensation system and management rights is evident in operational practice, giving rise to issues like “de-realization to deficiency”. In response to these institutional dilemmas, the author recommends enhancements in the basic rules, analyzes judicial decisions, and regulatory amendments.
Keywords: asset restructuring; performance promise compensation; good will damage; attribute definition; institutional practice
References
1. Cheng, Fengzhao, Liu, Jiapeng. Research on the pricing of M&A restructuring of listed companies [J]. Accounting Research, 2011 (11).
2. Qiang Li. The nature and effect of betting clauses in private equity investments [J]. China Trial, 2012(12).
3. Mao Shuzhen, Wang Linfei, Su Fanghong. Performance promise compensation: motivation, economic consequences and research outlook [J]. Friends of Accounting, 2022 (16).
4 Song Li Signs of major asset restructuring of listed companies – a multi-case study based on Fenghua, Yinrun Investment and Sanyuanda[J]. Finance and Accounting Newsletter, 2019 (25).
5. Xie Haixia. An analysis of the legal nature of betting agreements [J]. Journal of Law, 2010(1).
6. Cui Jianyuan. On a new type of human security [J]. Gansu Social Science, 2022 (1).
7. Liu Baoyu, Liang Yuangao. The characterization of the guarantee of “credit enhancement measures” and the application of the rules of the company’s external guarantee [J]. Law Forum, 2021 (2).
8. Yang Lixin. The survival and continual improvement of the legal mitigation of property rights – the value of the concept of “other contracts with security functions” under the Civil Code [J]. Journal of Shanghai Academy of Political Science and Law (Rule of Law Series), 2021 (1).
9. Sun Xianzhong, Zhu Guangxin. Commentary on the Chinese Civil Code – Property Rights [M]. China Legal Publishing House, 2020.
10. Yao M. B. Commentary on Article 114 of the Contract Law (agreed liquidated damages) [J]. The Jurist, 2017 (5).
11. Zhou Ju, Chen Xin, Gao Jun. The impact of key betting clause design on the fulfillment of performance compensation commitment in major asset restructuring [J]. Investment Research, 2022(9).
12. Chen T., Li S. Min. Exploration of profitability payment plan of M&A payment method [J]. Securities Market Herald, 2015 (9).
13. Zhang Wei. The rules of capital [M]. China Legal Publishing, 2017.
14. Ronglin, Zhu Qigui. An empirical test of the impact of performance promise compensation on acquirers’ short-term share price performance [J]. Statistics and Decision Making, 2018 (13).
15. Rao Yanchao, Duan Liangxiao, Zhu Xiuli. Research on the incentive effect of M&A performance commitment approach [J]. Foreign Economics and Management, 2018 (7).
16. Wang Jianwen. On the legal application of China’s class shareholder classification voting system [J]. Contemporary jurisprudence, 2020 (3).
COMPARATIVE
PARONYAN Karen Martinovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
FEATURES OF THE IMPLEMENTATION OF CENSORSHIP LEGAL POLICY IN BELARUS, UKRAINE AND MOLDOVA (COMPARATIVE LEGAL ANALYSIS)
The actualization of research in the field of practical significance of the institution of censorship legal policy, as well as the complex of censorship measures and their corresponding regulatory regulation, are noticeable not only in the domestic state-legal and social field, but also in the post-Soviet states that actively use various restrictions in the information environment. This became especially noticeable with the increased riskiness of modern societies, which is clearly manifested now. In this regard, it would be interesting and heuristically promising to conduct a comparative legal analysis of the features of the implementation of the elements of the censorship legal policy mechanism in such states as Belarus, Ukraine and Moldova. Using a dialectical approach and a complex of general scientific and special methods of cognition, the article examines the features of the implementation of censorship legal policy in these states, and shows what these measures are due to and how they affect the political and legal landscape.
Keywords: censorship, censorship legal policy, freedom of speech, information, information society, riskiness, political and legal space.
References
1. Global score. [Electronic resource]. – Access mode: https://rsf.org/en/index?year=2021 (accessed 29.07.2023).
2.Global score. [Electronic resource]. – Access mode: https://rsf.org/en/index?year=2014 (Accessed 29.07.2023).
3. Moldova. [Electronic resource]. – Access mode: https://rsf.org/en/country/moldova (accessed 29.07.2023).
4. Ukraine. [Electronic resource]. – Access mode: https://rsf.org/en/country/ukraine (accessed 29.07.2023).
5. More than 60% of journalists consider one of the forms of censorship to be a single telethon – a survey. [Electronic resource]. – Access mode: https://zn.ua/war/bolee-60-zhurnalistov-schitajut – odnoj – iz – form – tsenzury-edinstvennyj – telemarafon-opros.html (accessed 30.07.2023).
6. Meeting with journalists, members of the public, expert and media community “Big conversation with the President.” [Electronic resource]. – Access mode: https://president.gov.by/ru/events/vstrecha-s-zhurnalistami-predstavitelyami-obshchestvennosti-ekspertnogo-i-mediynogo-soobshchestva-bolshoy-razgovor-s-prezidentom (accessed 07/29/2023) .
7. Kaluga A. A. Information policy in the CIS countries // Science of man: humanitarian research. – 2016. – No. 4 (26). – P. 91-100.
8. Constitutions of the countries of the world. Reader / Comp. D. V. Kuznetsov. In 7 parts. Part 1. Russia and the post-Soviet space. [Electronic resource]. – Blagoveshchensk: Blagoveshchensk State Pedagogical University, 2014. – 224 p.
STATE AND LAW THEORY
ATMACHEV Sergey Igorevich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MOTSAR Yuliya Vladimirovna
Ph.D. of sociological sciences, lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
DEMOCRACY AS AN IDEOLOGICAL CONCEPT
Various approaches to the concept of “democracy” are analyzed. Purpose: it is proposed to consider the term “democracy” not only as a traditionally established concept of the form of government and management methods, but also as an independent ideology. methodology. The analysis and the formal legal method are based on the consideration of scientific views and definitions that have developed in the theory of state and law. The synthesis is represented by the trend of interconnection and interdependence in the established traditional approaches. Conclusions: it is proposed to consider democracy as an ideological concept of the exercise of power in Western societies, designed to legally formalize the technology of appropriation of power.
Keywords: democracy, ideology, constitution, form of government, political regime, referendum, legal terminology.
STATE AND LAW THEORY
DARDA Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of General theoretical legal disciplines sub-faculty of the North Caucasus branch of the Russian State University of Justice
THE ROLE OF DIGITAL TECHNOLOGIES IN THE REGULATION OF LEGAL RELATIONS
The article is devoted to the analysis of the main trends in the development of digital technologies and their impact on the process of legal regulation. The author identifies the characteristic features of these technologies, reveals their essence, positive and negative sides, as well as their impact on legal regulation. The features of the introduction of artificial intelligence and robots into the law enforcement process are considered. The article analyzes the situation of the emergence of new subjects, objects of legal relations, how the content of legal relations is transformed under the influence of new digital technologies and absolutely new types of legal relations are born. The analysis of actual problems in the field of legal regulation with the use of interactive communication is carried out.
Keywords: digitalization, information technologies, digital technologies, legal relations, law enforcement, judicial discretion, personal data.
Bibliographic references
1. Vlasenko N. A. Favorites. M.: Norma, 2015. 688 p.
2. Zykina T. A. Influence of digital reality on the regulation of labor relations // Bulletin of the Tomsk State University. Right. 2021. No. 41. P. 159-168.
3. Castells. The power of communication. M., 2017. S. 69.
4. Decree of the Government of the Russian Federation dated April 15, 2014 No. 313 “On Approval of the State Program of the Russian Federation “Information Society” // SZ RF. 2014. No. 18. Art. 2159.
5. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030” // SZ RF. 2017. No. 20. Art. 2901.
6. Decree of the President of the Russian Federation of October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” // SZ RF. 2019. No. 41. Art. 5700.
7. Talapina E. V. Law and digitalization: new challenges and prospects // Journal of Russian law. 2018. No. 2. P. 5-17.
8. Tonkov E. Digitalization of law: problems and prospects // Bulletin of the judicial community of the Belgorod region. 2019. No. 10. P.6-9.
9. Khmelevskaya S. A., Ermakov D. N. The specifics of legal regulation in the digital era: Social and philosophical reflections // Journal of State and Law. 2019. No. 4. P.92-103.
STATE AND LAW THEORY
DOVGAN Kseniya Evgenjevna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
SYSTEM OF PRINCIPLES OF THE FRAMEWORK LEGAL REGULATION
The article discusses the features of the principles of framework legal regulation. The author notes their connection with the basic principles of constitutional law. It is determined that the principles of framework legal regulation are aimed at ensuring the rights and freedoms of citizens, maintaining state unity. The principles of framework legal regulation can be classified depending on the scope, the source of consolidation, the subject of legal regulation, etc.
Keywords: framework legal regulation, principles of law, principle of legality, principle of separation of powers, principle of normative content, principle of consistency, principle of accuracy and brevity, principle of validity.
References
1. Baranov A. V. Theory of State and Law: a textbook / Ed. M. M. Zhuravleva. – Tomsk, 2014. – 138 p.
2. Isakov I. N. Multi-level legal systems: monograph / Edited by A. V. Malko. – Moscow: Yurlitinform, 2021. – 358 p.
3. Kuznetsova O. A. Specialized norms of Russian civil law: theoretical problems: Dis. … doc. legal Sciences. – Yekaterinburg, 2007. – 430 p.
4. Malko A. V. Fundamentals of state and law. – Moscow: KnoRus, 2015. – 220 p.
5. Pasherstnik A. E. On the scope and principles of Soviet labor law // Soviet state and law. – 1957. – No. 10. – S. 92-103.
6. Roman law: basic concepts, laws and claims, personalities and maxims: a dictionary-reference book / Ed. A. A. Ivanov. – Moscow: FLINTA, 2020. – 317 p.
7. Rychagova O. E. System-forming factors of law. – Tomsk: Publishing House of Tomsk, University, 2003. – 123 p.
8. Sukovatov GV Theory of State and Law: Dictionary of Terms. – Novosibirsk, 2014. – 23 p.
9. Taeva N. E. Norms of constitutional law in the system of legal regulation of the Russian Federation: dis. … doc. legal Sciences. – Moscow, 2018. – 549 p.
10. Theory of state and law: a course of lectures / Ed. N. I. Matuzova, A. V. Malko. – M.: Jurist, 2004. – 512 p.
11. Cherdantsev A. F. Consistency of the norms of law // Collection of scientific papers. Collection of scientific works SUI. – Sverdlovsk, 1970. – Issue. 12. – S. 47-63.
STATE AND LAW THEORY
IBRAGIMOVA Zarina Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Municipal and environmental law sub-faculty of the Institute of Law of the I. S. Turgenev Oryol State University
TYULYAKOVA Anna Sergeevna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the I. S. Turgenev Oryol State University
YUDINA Anastasia Ivanovna
magister student of the 1st course of the Institute of Law of the I. S. Turgenev Oryol State
THE IMPORTANCE OF THE STATE IN THE FORMATION OF THE MODERN LEGAL SYSTEM OF THE RUSSIAN FEDERATION
The article examines the place and importance of the state in the process of formation of the Russian legal system. The formation of such elements of the state as the political regime, the state structure and the form of government and the influence on their functioning of the state as an institution are studed.
Keywords: state, legal system, form of government, state-territorial structure, political regime.
References
1. Federal constitutional law No. 6-FKZ dated March 21, 2014 “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation – the Republic of Crimea and the federal city of Sevastopol” (as amended on May 1, 2022) // Collection of legislation RF. – March 24, 2014 – No. 12. – Art. 1201.
2. Theory of State and Law: Textbook / Ed. N. A. Matuzova, A. V. Malko. – M.: Jurist, 2004. – S. 520.
STATE AND LAW THEORY
MAMYASHEVA Diana Rafisovna
Judge of the Arbitration Court of the Saratov region
EXTERNAL LEGAL FORM AND CONTENT OF STRATEGIC PLANNING ACTS
The article is dedicated to the analysis of the external legal form of the results of strategic planning. The conclusions made by the author are obtained on the basis of an industry analysis, consideration of the features of strategic planning acts depending on the entities that adopt them, as well as the legal consequences that they entail. The presence of numerous defects in the external form of strategic planning acts, which are expressed in the absence of a uniform approach to choosing the type of act, the presence of technical deviations: the absence of indications of the name and (or) date and (or) number of such an act, the absence of facts of the official publication of a number of strategic planning acts, the lack of differentiation between the institutions of approval and approval of strategic planning acts planning, absence of registration of many strategic planning acts in the federal state register of strategic planning documents, etc. Conclusions and recommendations are made to improve the current legal regulation of strategic planning.
Keywords: strategic planning, legal acts, legal form, content of strategic planning acts.
References
1. Theory of state and law / Ed. N. I. Matuzova, A. V. Malko. M.: Norma: INFRA M, 2022. S. 403.
2. Shalamova A. N. Normative legal acts of the head of state in the legal system: political and legal practice of Russia and Kazakhstan // Scientific Digest of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2020. No. 3 (6). P. 189.
3. Novikov A.P. Regulatory legal acts of the President of the Russian Federation: administrative and legal research: author. dis. … cand. legal Sciences. M., 2003. S. 8.
4. Karabekov M. M. Legal acts as a means of formation and implementation of legal policy: general theoretical aspect: author. dis. … cand. legal Sciences. Krasnodar, 2010. P. 10.
5. Useev R. Z. Draft concept for the development of the penitentiary system until 2030: issues of form, content and comparison with the concept of development of the penitentiary system until 2020 // Bulletin of the Samara Law Institute. 2020. No. 2 (38). P. 79.
6. Mitskevich A. V. Acts of the highest bodies of the Soviet state. The legal nature of normative acts of the highest bodies of state power and administration of the USSR. M.: Yurid. lit., 1967. P. 67.
7. Samoshchenko I. S. Some questions of the doctrine of the normative acts of the socialist state // Jurisprudence. 1969. No. 3. P. 29.
8. Alekseev S.S. General theory of law. P. 234.
9. Normography: theory and technology of rulemaking: textbook / ed. Yu. G. Arzamasova. M.: Yurayt, 2017. P. 354-360.
10. Insignificant E. A. Law as a means of state strategic planning: dis. …cand. legal Sciences. M., 2012. S. 19.
11. Govorukhina Yu. V. Decree. dis. P. 40-44.
STATE AND LAW THEORY
MIRZAEV Mirza Abdullayevich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Dagestan State University
TO A QUESTION OF REFORM OF LOCAL GOVERNMENT
The article discusses the problem of reforming local self-government in the Russian Federation, as well as the reasons for the insufficiently high level of efficiency of local government. It is noted that the constitutional reform of 2020 contributes to the elimination of a number of conflicts and legal gaps in the interaction of society, local self-government and the state. The main changes in the system of local self-government expected as a result of the reform are determined. The shortcomings of the ongoing municipal reform are analyzed. In conclusion, the ways of further reforming of local self-government in the conditions of its inclusion in the system of public power are proposed.
Keywords: reform of local self-government, public authority, state, draft law on local self-government, amendments to the Constitution of the Russian Federation.
References
1. Bredikhin A.L. New status of local self-government in the light of amendments to the Constitution of the Russian Federation // Bulletin of the Ivanovo State University. Series: Natural, social sciences. – 2022. – No. 1. – S. 23-27.
2. Brovchenko N. V. Local self-government in the context of municipal reform 2022: from the form of democracy to the form of self-organization // Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. – 2022. – No. 2 (52). – P. 5-8.
3. Voronina I. A., Krivolapova L. V. On the issue of local government reform // Agrarian and land law. – 2022. – No. 5 (209). – P. 70-74.
4. Davydova N. Yu. Complication of the structure and system of the institution of constitutional and legal enforcement in the field of local self-government // Lawyer. – 2009. – No. 11. – P. 85-91.
5. Izutova O. V. Portrait of the Russian mayor // Budget. – 2019. – No. 8. – S. 28-31.
6. Kalustov L. G. The problem of local government reform in the Russian Federation // Synergy of Sciences. – 2022. – No. 69. – S. 25-32.
7. Marievich A. A., Blokhin M. S., Lobanova I. A. Local self-government as an element of a unified system of public authority // World Science. – 2023. – No. 1 (70). – S. 94-98.
8. Serov S. K. To the question of the draft of a new law on local self-government // Law. Right. State. – 2022. – No. 3 (35). – P. 150-153.
9. Chikhladze L. T. Administrative decentralization in the light of new trends in the development of relationships between state and municipal authorities // Education and Law. – 2016. – No. 3. – P. 73-76.
10. Shakhov A. A. To the question of the own powers of local governments within the framework of the forthcoming municipal reform // Law and State: Theory and Practice. – 2022. – No. 12 (216). – S. 145-148.
11. Shirokov A. N., Yurkova S. N. LSG: big reform or abolition? // Budget. – 2022. – No. 1. – P. 70-74.
12. Gunina T. G. Transition to a single-level system of municipalities: consequences for local government // Oeconomia et Jus. – 2022. – No. 2. – S. 61-72. [Electronic resource]. – Access mode: http://oecomia-et-jus.ru/single/2022/2 (date of access: 07/06/2023).
STATE AND LAW THEORY
MOKHOROV Dmitry Anatoljevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
DOLZHENKOVA Ekaterina
Ph.D. in political sciences, associate professor of Humanitarian Institute of Higher School of Law and Forensic Technical Expertise of Peter the Great St. Petersburg Polytechnic University
MINKINA Margarita Valerjevna
lecturer of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, colonel of justice of the Main Directorate of the Ministry of Internal Affairs for St. Petersburg and the Leningrad Region
COUNTERING CORRUPTION IN THE CONTEXT OF DIGITALIZATION OF STATE INSTITUTIONS
Countering corruption as a negative process that destructively affects various aspects of society’s activities requires the use of new techniques and methods that correspond to the current level of digitalization of public administration functions. To date, in the Russian Federation, the use of digital technologies in the field of combating corruption has not reached the level that would create objectively favorable prerequisites for the implementation of state programs to combat corruption activity. The introduction of digital technologies into the work of the highest executive authorities aims to reduce the level of corruption pressure on the implementation of public administration functions and assumes a gradual impact on the manifestations of corruption in various spheres of economic activity of legal entities and individuals.
Within the framework of this work, the issues of establishing an objective relationship between the use of digital technologies in the field of public and municipal administration and the level of corruption in public authorities are resolved. The research methods are: comparative-analytical, statistical sampling, legal forecasting.
As a result of the analysis, a certain correlation was revealed between the introduction of digitalization in certain areas of socio-economic activity of public authorities and various commercial entities, and the qualitative state of corruption activity, which negatively affects the achievement of the results of the implementation of state programs aimed at improving the welfare of the population.
Digital technologies currently act as a promising way to influence the processes of countering corruption factors and require closer attention from various parts of the state vertical of power as an effective means of reducing the level of corruption in key sectors of the national economy.
Keywords: corruption, digital technologies, digitalization, informatization, countering corruption processes.
References
1. Zolaev E. A. The digital state as a new stage in the development of society // Creative Economy. – 2021. – Volume 15. – No. 5. – S. 1583-1594. – [Electronic resource]. – Access mode: doi: 10.18334/ce.15.5.112164.
2. Menyailo D. V., Krupennikova K. K. On combating corruption in the context of digital transformation // Problems of law enforcement. – 2022. – no. 3. – S. 28-32.
3. Countering corruption in the context of digitalization of the state, law and economy: conceptual and institutional aspects / S. A. Vorontsov, A. I. Ovchinnikov, A. Yu. Mamychev et al.; Southern Federal University, Russian Academy of National Economy and Public Administration under the President of the Russian Federation. – Rostov-on-Don; Taganrog: Southern Federal University, 2021. – 176 p. – ISBN 978-5-9275-3669-6. – EDN JAUUOO.
4. Ovchinnikov A. I. Countering corruption in the context of digitalization: opportunities, prospects, risks // Journal of Russian Law. – 2019. – No. 11. – P. 158-170. – [Electronic resource]. – Access mode: DOI 10.12737/jrl.2019.11.12. – EDN RHHUQS.
5. Esetova S. K., Ibraeva A. S., Dzhunusov A. M., Ishchanova G. T., Baikenzheev A. S. The role of digitalization in combating corruption and strengthening civil society // Vestnik KazNU. Series Legal. – 2020. – T. 94. – No. 2. – S. 12-22.
6. Akatkin Yu. M., Yasinovskaya E. D. Digital transformation of public administration. Datacentricity and semantic interoperability. – M.: DPK Press, 2018. – 48 p.
7. Gadzhiyeva A. A. Problems of combating corruption and corruption crime in the context of digital transformation. // Bulletin of the Altai Academy of Economics and Law. – 2021. – No. 11-2. – P. 331-336.
8. Hauser C., Berenbeim R. E. Anti-corruption Education // The SAGE Hand-book of Responsible Management Learning and Education. – 2020.
STATE AND LAW THEORY
OSTAPOVICH Igor Yurjevich
Ph.D. in Law, professor of Constitutional law sub-faculty of the Ural state law University
QUESTION OF THE CORRELATION OF THE CONCEPTS OF “LAW-MAKING”, “RULE-MAKING” AND “LAW-MAKING”
The article discusses doctrinal approaches to the definition of “lawmaking”, “rulemaking” and “lawmaking”. Examples of theoretical discussions of researchers on the designated categories are given. The absence of legislative regulation at the federal level, which would make it possible to differentiate the phenomena considered, allows the authors to independently determine the criteria. In this regard, currently there is a confusion of the concepts of “lawmaking”, “rulemaking” and “lawmaking”. It is noted that the theories of law-making and law-realization have not lost their relevance to date.
Keywords: lawmaking, rulemaking, lawmaking, legal doctrine, the concept of legal understanding.
References
1. Alekseev S. S. The mechanism of legal regulation in a socialist society. – M.: Yurid. lit., 1966. – S. 34.
2. Alekseev S. S. Theory of Law. – M.: BEK, 1995. – S. 80.
3. Avakyan S. A. Social factor in legislation: some problems and proposals // Constitutional and municipal law. – 2006. – № 3. – S. 3.
4. Borsova Zh. P. Legislation in a modern federal state: problems of theory on the experience of the Russian Federation: dis. … cand. legal Sciences: 12.00.01. – M., 2008. – S. 11.
5. Vengerov A. B. Theory of state and law. – M.: Norma, 1999. – S. 411.
6. Law: creation and interpretation / Ed. A. S. Pigolkin. – M.: Spark, 1998. – S. 34.
7. Zyablova T. E. Social foundations of lawmaking in modern Russia: dis. … cand. legal Sciences: 12.00.01. – Vladivostok, 2004. – P. 39.
8. Kulapov VL Theory of state and law. – M.: Knorus, 2017. – S. 230-234.
9. Lazarev V. V., Lipen S. V. Theory of state and law. – M.: Yurayt, 2011. – S. 344–346.
10. Lipen S. V. Theoretical problems of statehood and law in the political and legal doctrines of the 17th – early 20th centuries: monograph. – Minsk: Acad. Ministry of Internal Affairs of the Republic of Belarus, 2011. – P. 5.
11. Nersesyants V. S. Law and law. – M.: Nauka, 1983. – S. 344.
12. Nersesyants V. S. General theory of law and state. – M.: Jurist, 1999. – S. 415.
13. General theory of state and law: academic course: in 2 volumes / Ed. M. N. Marchenko. T. 2. Theory of law. – M.: Norma, 1998. – S. 157.
14. General theory of law and state / Ed. V. V. Lazareva. – M.: Jurist, 2001. – S. 117.
15. Petrazhitsky L. I. Theory of law and state in connection with the theory of morality. – St. Petersburg: Lan, 2000. – S. 37-40.
16. Petrov A. I. Legislation as a special type of activity of a representative body of state power: dis. … cand. legal Sciences: 12.00.01. – Nizhny Novgorod, 2007. – P. 14.
17. Lawmaking in the USSR / Ed. A. V. Mitskevich. – M.: Yurid. lit., 1974. – S. 29–36.
18. Radko T. N. Problems of the theory of state and law. – M.: Prospekt, 2014. – S. 223.
19. Theory of State and Law / Ed. V. M. Korelsky, V. M. Perevalov. – M.: Norma, 2002. – S. 319.
20. Theory of State and Law / Ed. A. S. Pigolkina, Yu. A. Dmitrieva. – M.: Yurayt, 2011. – S. 537–540.
21. Tikhomirov Yu. A. Lawmaking. General theory of state and law: academician. course: in 3 volumes – M.: MGU, 2007. – T. 2. – S. 400.
22. Chestnov I. L. Postclassical legal understanding // Social sciences and modernity. – 2010. – № 5. – P. 157-162.
23. Shebanov A.F. On the concepts of the source of law and the form of law // Jurisprudence. – 1965. – № 4. – S. 23-33.
24. Shershenevich GV General theory of law. – M.: ed. br. Bashmakov, 1906. – S. 38.
STATE AND LAW THEORY
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
THE GENERAL THEORETICAL ASPECT OF THE COMBINATION OF THE CATEGORY OF “INTEREST” IN THE CONTEXT OF THE CATEGORIES OF “WILL”, “MOTIVE” AND “GOAL”
The article highlights general theoretical issues related to the justification and individual aspects of the categories of interest, will, motive and purpose, their relationship, meaning and specificity. Separate theoretical justifications of general humanitarian and special sciences are presented and analyzed. The article emphasizes that there is still no single point of view among scientists regarding the combination, correlation and interdependence of individual categories under study, since many points of view, justifications, characteristics and theories are quite controversial, both from the point of view of general psychology and general theory of law, and individual special sciences.
Keywords: interest, will, motive, goal, general humanitarian sciences, special sciences, general scientific categories, desires, needs, actions, inaction, legal relations, offenses, objective and subjective criteria.
STATE AND LAW THEORY
SHMIDT Anna Valerjevna
lecturer of Theory of state and law sub-faculty of the Saratov State Law Academy
ON THE MECHANISM OF FORMATION OF SPECIAL LEGAL STATUS
The article is devoted to the mechanism of formation of special legal status. It is concluded that only two elements are absolutely necessary in the mechanism of acquisition of special legal status: the appearance of actual prerequisites and external recognition. The others, despite their undoubted importance, are only optional. As for the legal consequences of the acquisition of special legal status, they can be divided into two main groups: the addition of elements to the general status – a situation in which all the rights and obligations to which the subject was initially endowed in the order of the general status, remain with him, but in addition to them appear any new ones; truncation of elements of the general status – a situation in which the subject for some reason is deprived of the rights and (or) obligations that all others have.
Keywords: special legal status, recognition, benefits, deprivation of rights.
References
1. Baidarova M.A. Forms of implementation of legal exceptions: theory and practice // Bulletin of the Saratov State Law Academy. – 2020. – No. 2 (133). – P. 92-97.
2. Gruzdev VV On the essence of civil legal personality / Actual problems of Russian law. – 2018. – No. 2 (87). – P. 113-121
3. Chestnov I. L. Postclassical theory of law. – St. Petersburg: ALEF-Press, 2012. – 649 p.
4. Sumenkov S. Yu. Exceptions in law: general theoretical analysis. Dis. … doc. legal Sciences. – Saratov, 2016. – 475 p.
STATE AND LAW THEORY
HUANG Zeyan
magister student of the Vitebsk State Technological University
ON THE RELATIONSHIP BETWEEN GLOBAL GOVERNANCE AND INTERNATIONAL LAW
In today’s dynamic world, global governance and international legal systems are primarily clearly developed structures and mechanisms devised to implement the management of global issues of world order within civilization. The aim is to analyze the interrelationships between contemporary global governance and the legal systems existing in the international arena. Global governance itself is a set of legal organizations and processes for the construction of world cooperation and its coordination.
Research Methods. The article implements the analysis of literary sources on the topic of research, as well as a comparative analysis of existing systems to identify differences and peculiarities.
The results of the study reveal the impact of global governance and legal systems on different aspects and spheres of society.
Conclusions. The elaboration of innovative concepts and approaches to global governance can contribute to the prevention and solution of challenges and relevant problems to modern society.
Keywords: governance, law, challenges, modernity, problems, solutions, innovations, cooperation, peace, interaction.
List of references
1. Buryanov S. A. On the need for global law in the context of the problem of purposeful formation of the global governance system for sustainable development // Century of Globalization. – 2019. – No. 4. – P. 129-142.
2. Musienko T. V., Lukin V. N. Global governance and global security: status and prospects // Vestnik of Moscow University. Series 27. Globalistics and Geopolitics. – 2020. – No. 2. – P. 89-103.
3. Bystryantsev S. B., Markov A. A., Bystryantsev P. С. Global governance: theoretical ap-proaches and vocabulary // Education and Law. – 2021. – No. 2. – P. 185-189.
4. Shokhin A., Prokhorova A. Interaction of business and power in interstate institutions of global governance. – Litres, 2022.
5. Ursul A. D. Global vector of international relations // World Politics. – 2019. – No. 3. – P. 60-71.
6. Pestsov S. K. Global order and global governance: practical challenges and theoretical debates // Asia-Pacific region: economy, politics, law. – 2021. – T. 23. – No. 1. – S. 53-69.
7. Buryanov M. S. Prospects for the development of Russian statehood in the context of modern global processes and challenges // Editorial Board. – 2019. – Vol. 4. – P. 67.
HISTORY OF STATE AND LAW
EGOROV Andrey Mikhaylovich
Ph.D. in historical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
THE PECULIARITIES OF THE ORGANIZATION AND THE RATIO OF THE ACTIVITIES OF INSPECTIONS OF CORRECTIONAL WORK AND SPECIAL COMMANDANTS OF THE PERIOD OF DEVELOPED SOCIALISM (LATE 1960S – EARLY 1980S)
The article examines the historical experience of the development of bodies and institutions for the execution of criminal punishments that are not related to the isolation of convicts from society in the USSR of the late 1960s – early 1980s. The author conducted a comparative legal analysis of the organization of the execution of such punishments for two and a little decades of the history of the Soviet state, officially called the period of the so-called developed socialism. The study is based on the study of two parallel functioning structures in this area: inspections of correctional labor and special commandant’s offices (special commandants), subordinate since 1977 to the Fifth Main Directorate for the Execution of Sentences Not Related to Imprisonment, the USSR Ministry of Internal Affairs.
Keywords: correctional works, inspection, conditional conviction, conditional release, compulsory labor, special commandant’s office.
References
1. Abramova N. G. On the issue of the application of punishment in the form of forced labor at the present stage // Penitentiary system, state and society: problems of interaction: materials of the International scientific and practical conference, Pskov, October 15, 2021. – Pskov: Pskov branch of the Academy of the Federal Penitentiary Service of Russia, 2022. – P. 11-17.
2. Bogdanov V. Ya. Activities of the Inspection of Correctional Labor and Employment for the Reeducation of Convicts. – M: VNII MVD USSR, 1981. – 72 p.
3. Bushuev I. A. Correctional work. – M., 1968. – 200 p.
4. Egorov A. M. Issues of judicial practice in the north-west of the RSFSR in the first half of the 1980s (based on archival materials of the Pskov region) // Eurasian legal journal. – 2019. – No. 8 (135). – S. 73-74.
5. Egorov A. M. Activities of judicial institutions of the Pskov region in the field of work with complaints and appeals of citizens at the turn of the 1970-1980s. (historical and legal aspect) // Eurasian legal journal. – 2018. – No. 10 (125). – S. 81-82.
6. Egorov A. M. Legal culture of the border region on the eve of the collapse of the Soviet Union: based on the work of the judicial institutions of the Pskov region (historical and legaloh aspect) // Socio-cultural environment: systemic organization, anthropological dimension, border specifics: Proceedings of the international correspondence scientific and practical conference, Vitebsk, November 16, 2018. – Vitebsk: Vitebsk State University. P. M. Masherova, 2018. – S. 112-115.
7. Egorov I. A. International assistance of the internal affairs bodies of the USSR to maintain law and order and public security in Afghanistan // State and law: evolution, current state, development prospects (to the 100th anniversary of the formation of the USSR): Proceedings of the XIX International Scientific and Theoretical Conference . In 2 parts, St. Petersburg, April 28–29, 2022 / Edited by N.S. Nizhnik, comp. N.S. Nizhnik, E.N. Kozinnikov. Volume Part II. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 457-461.
8. Koloshinskaya N. V. Evolution of theoretical and legal views on criminal punishment in Russia // Uchenye zapiski St. Petersburg im. V. B. Bobkov branch of the Russian Customs Academy. – 2007. – No. 1 (27). – P. 180-197.
9. Korostylev O. V. From the Bureau of Forced Labor to Penal Inspections // Bulletin of the Kuzbass Institute. – 2019. – No. 2 (39). – P. 149-156.
10. Maystrenko G. A. Execution of punishments not related to the isolation of convicts from society: organizational and legal aspects // Issues of Russian and international law. – 2023. – T. 13, No. 3-1. – S. 502-507. – DOI 10.34670/AR.2023.29.44.054.
11. Maistrenko G. A. Colony-settlement as a type of correctional institution: raising the question // Law and Law. – 2023. – No. 3. – P. 203-206. – DOI 10.56539/20733313_2023_3_203.
12. Scientific notes of VNIISZ. 1966. Issue. 7. Issue. 7 / editorial board: I. S. Vlasov, S. S. Karinsky, M. G. Kirichenko, B. S. Krylov, A. A. Ruskol, I. S. Samoshchenko (Chief editor), E. A Fleischitz. – M., 1966. – 209 p.
13. The effectiveness of criminal law measures to combat crime. – M., 1968. – 255 p.
HISTORY OF STATE AND LAW
KOZHEVNIKOVA Anastasia Mikhaylovna
Ph.D. in historical sciences, senior lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CHILDREN’S LAW AND HOMELESSNESS: A HISTORICAL ASPECT
The article examines the historical aspect of the formation of the branch of children’s law in the Soviet period in connection with the problem of mass child homelessness. The Soviet experience of legal protection of a child in the family, as an accused and as a victim of a crime, is of some practical interest. The Soviet concept of children’s law, reflected in the article by V. I. Kufaev and in the book by G. D. Ryndzunsky, T. M. Savinskaya, can serve as an example for creating a modern textbook on children’s law.
Keywords: children’s law, minors, homelessness, neglect, children legal protection.
References
1. Borisova N. E. Historical and theoretical foundations of “children’s” law // Bulletin of the Moscow State Pedagogical University. Series: Legal Sciences. – 2014. – No. 1 (13). – S. 14-24.
2. Kozhevnikova A. M., Bezverkhova S. V. The fight against child homelessness in the first decade of Soviet power // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 3. – P. 96-103.
3. Kufaev V. I. Children’s law, its subject and scope // Law and Life. – 1926. – Prince. 8-10. – P. 59-65.
4. Ryndzyunsky G. D., Savinskaya T. M. Children’s law: the legal status of children in the RSFSR. – 3rd ed., completely revised. and additional – Moscow; Leningrad: State. study.-teacher. publishing house, 1932 ([Moscow]: type-lit. named after Vorovsky). – 332 p.
5. Sochneva O. I. About “children’s law” as a complex regulatory and legal block of social legislation // Social legal notebook. – 2011. – No. 1. – P. 76-100.
HISTORY OF STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of Regional studies of Russia, national and state-confessional relations sub-faculty of the Altai State University, professor of National and universal history sub-faculty of the Novosibirsk State Pedagogical University
BUDDHISM IN THE SOUTH OF SIBERIA IN THE CONTEXT OF THE STATE-CONFESSIONAL POLICY OF THE RUSSIAN EMPIRE (BASED ON THE MATERIALS OF THE RUSSIAN STATE HISTORICAL ARCHIVE)
This publication is another in a series of analytical materials prepared by us on the coverage of the activities of state bodies of the Russian Empire in the context of regulating state-confessional relations in the Siberian region. The article is dedicated to the characterization of the corpus of documentary materials of the fund of the Department of Spiritual Affairs of Non-Orthodox Confessions of the Ministry of Internal Affairs of the Russian Empire as part of the Russian State Historical Archive in St. Petersburg as a source for studying the experience of state-confessional relations in the south of Siberia in the pre-Soviet period.
Keywords: Department of Spiritual Affairs of Non-Orthodox Confessions of the Ministry of Internal Affairs, religion, Buddhism, Lamaism, Siberia, Hambo-lama, archival materials.
References
1. Bazarov B. V. A nation at a crossroads: Buryat pan-Mongolism in the context of the geopolitical confrontation between Russia and Japan // Bulletin of the Irkutsk State University. Series: History. – 2016. – T. 18. – S. 49-57.
2. Ma Ts. Mongolia, Tibet and Lanzhou of China in terms of Badmaev // Actual problems of modern science. – 2017. – No. 4 (95). – P. 32-35.
3. Nedzelyuk T. G. Documents of the Russian State Historical Archive on State and Confessional Policy towards Non-Orthodox Religious Organizations in Western Siberia in the Imperial Period // Eurasian Law Journal. – 2020. – No. 8 (147). – P. 75-76.
4. Russian State Historical Archive (RGIA). Fund 821: Department of Religious Affairs of Non-Orthodox Confessions of the Ministry of Internal Affairs of the Russian Empire. – Op. 8. – D. 1157, 1236, 1237, 1241.
5. Rinchino E. D. Documents, articles, letters. – Ulan-Ude: Ed.-ed. Department of the Ministry of Press of the Rep. Buryatia, 1994. – 234 p.
6. Tsyrempilov N. V. When did Russia recognize Buddhism? In Search of the Decree of 1741 by Empress Elizaveta Petrovna on the Official Recognition of Buddhism by the Russian Authorities // Humanitarian Vector. – 2014. – No. 3 (39). – P. 96-109.
HISTORY OF STATE AND LAW
SOROKIN Danil Sergeevich
magister student of the Far Eastern Federal University
SOFRINA Alina Alexeevna
magister student of the Far Eastern Federal University
PUCHKIN Dmitriy Konstantinovich
magister student of the Far Eastern Federal University
ANTIPOV Danil Yurjevich
magister student of the Far Eastern Federal University
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University
JUSTICE IN THE HISTORY OF LEGAL THOUGHT: EQUALIZING AND DISTRIBUTING JUSTICE
This article explores the concepts of equalizing and distributive justice in the context of the history of legal thought. She analyzes the relationship between these aspects of justice and their impact on the formation of a more just society. The article also draws attention to the role of legal equality and legality in ensuring justice, and also examines new challenges and opportunities associated with the use of technology in achieving justice.
Keywords: justice, equalizing justice, distributing justice, legal equality, legality, technology, social policy, society, ethics, innovation.
References
1. Bulgakov VV The principle of justice in law // Questions of the theory of state and law. – Tambov: Publishing House of TSU im. G. R. Derzhavina, 2004. – 650 p.
2. Gulevich OA Social psychology of justice. – M.: Aspect Press, 2007. – 254 p.
3. Rolls D. Theory of justice. – Novosibirsk: Publishing house Novosib. un-ta, 1995. – 535 p.
4. Heffe O. Justice. Philosophical introduction. – M.: Praxis, 2007. – 191 p.
5. Chicherin BN Philosophy of law. – St. Petersburg: Publishing House of St. Petersburg. un-ta, 1998. – 556 p.
6. Hegel G. V. F. Philosophy of law. – Moscow: Thought, 1990. – 524 p. – ISBN 5-224-00384-4.
7. Nersesyants V. S. Philosophy of law: a textbook for universities. – Moscow: NORMA, 2001. – 652 p. – ISBN 5-89123-098-4.
HISTORY OF STATE AND LAW
KHOLOD Egor Konstantinovich
magister student of the Far Eastern Federal University
BRYKOVA Darya Dmitrievna
magister student of the Far Eastern Federal University
PESTRETSOV Ivan Vyacheslavovich
magister student of the Far Eastern Federal University
SKACHKOVA Margarita Alexeevna
magister student of the Far Eastern Federal University
BABICHEVA Anastasia Sergeevna
magister student of the Far Eastern Federal University
GENESIS OF POLITICAL SCIENCE THEORIES
The scientific article explores the origin and evolution of political science theories, considering their development from antiquity to the present. The key milestones of research in political science, reflecting the dynamics of social, cultural and ideological transformations, are analyzed. The article also reveals the interrelationships between political philosophy, historical events and the formation of political science concepts.
Keywords: political science theories, genesis, antiquity, Middle Ages, Renaissance, Enlightenment, rationalism, contract theory, power, public consent, justice, individual rights.
References
1. Irkhin Yu. V. Political science at 2 pm Part 1. History of political thought: a textbook for universities. – 2nd ed., Rev. and additional – Moscow: Yurayt Publishing House, 2021. – 370 p.
2. Pyzh VV Political science. Political ideas and concepts of power: a textbook for universities. – 2nd ed., Rev. and additional – Moscow: Yurayt Publishing House, 2020. – 317 p.
3. Yashkova T. A. Comparative political science: a textbook for bachelors. – 2nd ed. – Moscow: Publishing and Trade Corporation, 2020. – 606 p.
4. Yashkova T. A. Comparative political science: textbook for bachelors. – 2nd ed. – Moscow: Publishing and Trade Corporation. – 606 p.
5. Easton D. New revolution in political science // Socio-political journal. – 1993. – No. 8. – P. 115-128.
6. Anufriev E. A. Introduction to the methodology of political analysis // Modern political analysis and political technologies. – T. II. – Moscow: Profizdat, 2005. – S. 36-52.
CONSTITUTIONAL LAW
VORONTSOVA Madlena Alekzandrovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the North-West Branch of the Russian State University of Justice
PROTECTION OF REPRODUCTIVE HEALTH OF THE POPULATION AS A BASIS FOR DEMOGRAPHIC SECURITY OF RUSSIA
The article deals with the protection of reproductive health of the population as a basis for demographic security of the Russian Federation. The main threats to human reproductive health at the present stage, which served as a basis for the deterioration of the demographic situation in the country, are highlighted. The constitutional norms that enshrine the foundations of reproductive health protection are analyzed. Proposals to improve the legal protection of reproductive health of the Russian population in order to improve the demographic situation are given.
Keywords: reproductive health, legal protection, health, demographic security, security.
References
1. Gladkaya V. S., Gritsinskaya V. L., Medvedeva N. N. Current trends in reproductive health and reproductive behavior of the female population in Russia // Mother and Child in Kuzbass. – 2017. – No. 1. – P. 10-15.
2. Kozlovsky V. V., Pankratova L. S., Tkachuk D. V. Reproductive health of the population of Russia: resources of state regulation // Woman in the Russian society. – 2021. – No. 3. – P. 32-46.
3. Kondratenko A. I. Demographic security as a condition for protecting the national interests of modern Russia // Central Russian Bulletin of Social Sciences. – 2015. – No. 5. – P. 73-78.
4. Kuznetsova E. D. The demographic policy of the Russian Federation in the context of ensuring national security: Abstract of the thesis. cand. polit. Sciences. – Krasnodar, 2017. – 27 p.
5. Shkolnikova L. E. Reproductive health: concept, evaluation criteria // Pedagogical-psychological and medical-biological problems of physical culture and sports. – 2008. – No. 3 (8). – P. 162-171.
CONSTITUTIONAL LAW
DOSAKAEV Alimberdi Bazarbievich
senior lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
LEGISLATIVE NOVELTIES IN MATTERS OF CONSTITUTIONAL AND LEGAL REGULATION OF THE STATUS OF INDIGENOUS PEOPLES OF RUSSIA
The article discusses the novelties of legislation in matters of regulation of the legal status of the indigenous peoples of Russia. Legal acts are analyzed that define a new procedure for classifying people as indigenous peoples, as well as the features of accounting for persons belonging to indigenous peoples. Through the use of various methods of scientific research, certain legal norms of the legislative act under consideration are analyzed for the presence or absence of conflicts in them.
Keywords: indigenous peoples, registration of persons belonging to small peoples, guarantees, communities of small peoples.
References
1. Kryazhkov V. A. Indigenous peoples of the North in Russian law. – M.: Norma, 2010. – 560 p.
2. Aborigines of Russia will be counted // Kommersant. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4046399 (date of access: 06/25/2023).
CONSTITUTIONAL LAW
ISPOLINOV Alexey Stanislavovich
Ph.D. in Law, Moscow
THE ADMISSION OF FOUR NEW SUBJECTS INTO THE RUSSIAN FEDERATION: THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON THE RIGHT TO SECESSION AND THE CONDITIONS FOR ITS IMPLEMENTATION
The article examines the international legal aspects of the Conclusions of the Constitutional Court of the Russian Federation of October 2, 2022, adopted on the conclusion of agreements on the entry into the Russian Federation of four new subjects that were previously the territory of Ukraine. The author proceeds from the fact that these conclusions represent a political and legal consolidation of the doctrine of Russia in relation to the post-Soviet space. As the review of international doctrine and practice given in the article shows, in general, the new doctrine formulated by the Constitutional Court of the Russian Federation in the resolutions of October 2, 2022, is in line with modern ideas and ideas about the implementation of the right of peoples to self-determination and the correlation of this right with the principle of territorial integrity of states.
Keywords: secession, right to self-determination, territorial integrity, Constitutional Court of the Russian Federation, referendum.
References
1. Anderson G. Secession in International Law and Relations: What Are We Talking About? // Loyola of Los Angeles International and Comparative Law Review. – Vol. 35. – 2013. – No. 3. – P. 343-388.
2. Cismas I. Secession in Theory and Practice: the Case of Kosovo and Beyond // Goettingen Journal of International Law. – Vol. 3. – 2010. – № 2. – P. 531-587.
3. Crawford J. The Creation of States in International Law, 2nd edn (Oxford, 2007; online edn, Oxford Academic, 1 Jan. 2010).
4. Dugard L., Raic D. The role of recognition in the law and practice of secession // Secession. International Law Perspectives / M. Kohen (ed.). – New York: Cambridge University Press, 2006. – P. 94-137.
5. Fisher S. Towards “Never Again”: Searching for a Right to Remedial Secession under Extant International Law // Buffalo Human Rights Law Review. – 2016. – Vol. 22. – P. 261-296.
6. Hayes L. The Demand for Unilateral Secession in Catalonia: While the Cause is Compelling, Secession Would Not Be Legal Under International Law // University of Baltimore Journal of International Law. – Vol. 6. – 2019. – № 2. – P. 266-289.
7. Miholjcic N. The Role of Irredentism in Russia’s Foreign Policy // Caucasus International. – 2019. – Vol. 9. – No. ½. – P. 87-100.
8. Moeckli D., Reimann N. Independence Referendums in International Law // Research Handbook on Secession / J. Vidmar, S. McGibbon, L. Raible (eds). Edward Elgar, 2020.
9. Peters A. Does Kosovo Lie in the Lotus-Land of Freedom? // Leiden Journal of International Law. – Vol. 24. – 2011. – P. 95–108.
10. Pronto A. A. Irredentist Secession in International Law // Fletcher Forum of International Affairs. – 2016. – Vol. 40. – No. 2. – P. 103-120.
11. Qvortrup M. Referendums on Independence, 1860–2011 // The Political Quarterly. – 2014. – Vol. 85. – No. 1. – P. 57-64.
12. Radan P. Secessionist Referenda in International and Domestic Law // Nationalism and Ethnic Politics. – 2012. – Vol. 18. – No. 1. – Rp. 8-21.
13. Scharf M. Earned Sovereignty: Judicial Underpinnings // Denver Journal of International Law & policy. – Vol. 31. – 2003. – № 3. – P. 373-385.
14. Simon T. Remedial Secession: What the Law Should Have Done, from Katanga to Kosovo // Georgia Journal of International and Comparative Law. – 2011. – Vol. 40. – P. 105-173.
15. Tancredi A. A normative ‘due process’ in the creation of States through secession // Secession. International Law Perspectives / M. Kohen (ed.). – New York: Cambridge University Press, 2006. – P. 171-207.
16. Tolstykh V. Three Ideas of Self-Determination in International Law and the Reunification of Crimea with Russia // Heidelberg Journal of International Law. – 2015. – Vol. 70. – P. 119-139.
17. Vidmar J. Remedial Secession in International Law: Theory and (Lack of) Practice // St. Anthony’s International Review. – Vol. 6. – 2010. – № 1. – P. 37-56.
18. Andreeva G. N. Double standards in relation to modern states to secession: legal aspect // Outlines of global transformations: politics, economics, law. – 2021. – T. 14. – No. 1. – S. 6-22.
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
LOCAL SELF-GOVERNMENT AS A FORM OF DEMOCRACY AND AN INSTITUTION OF CIVIL SOCIETY
The article provides an analysis of the legislative consolidation of the powers of local self-government bodies, including taking into account the constitutional reform of 2020. The authors come to the conclusion that the problem of legislative regulation of the powers of local self -government bodies against the background of rapidly changing and developing legal regulation needs detailed theoretical study and rethinking.
Keywords: local self-government, powers of local self-government bodies, civil society, issues of local importance.
References
1. Asatryan S.V. Local self-government in the system of democracy // Innovations. The science. Education. – 2021. – No. 25. – S. 26-31.
2. Kaplenkova A. P. Direct democracy in the system of local self-government // Crime in the CIS: problems of preventing and solving crimes: Collection of materials of the International Scientific and Practical Conference, 2021. – P. 134-135.
3. Shugrina E. S. Projecting the future: what should be in the foundations of state policy in the field of local self-government // Local law. – 2020. – No. 3. – P. 3-16.
4. Kochev V. A., Burylova L. A. On the issue of the delimitation of powers between local governments and state authorities in the field of public order // Bulletin of the Perm University. – 2013. – No. 4. – P. 87-92.
5. On the problems of ensuring the quality and availability of medical care in the constituent entities of the Russian Federation // Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. – 2013. – № 27. – 262 p.
6. Shirokov A. N., Yurkova S. N. Amendment to the Constitution of the Russian Federation: prospects for local government // Local Law. – 2020. – No. 3. – S. 61-66.
CONSTITUTIONAL LAW
BOLDYREV Nikita Andreevich
postgraduate student of the Faculty of the Public Administration of the M. V. Lomonosov Moscow State University
DISTRIBUTION OF COMPETENCE TO ESTABLISH RESTRICTIONS OF RIGHTS AND FREEDOMS
The article analyzes the distribution of competence to establish restrictions on rights and freedoms. It is concluded that, despite the provisions of the Constitution of the Russian Federation and the distribution of jurisdiction between the federation and the constituent entities of the Russian Federation, regional authorities can restrict rights and freedoms not only in emergency circumstances, as during the Covid- 19 pandemic, but also in a standard setting. In addition, specific examples confirm that restrictions on rights and freedoms can be introduced by executive authorities and officials. The problem associated with the decision-making process on the restriction of rights and freedoms by the executive branch is highlighted, since such a process is carried out unilaterally and does not directly provide for the democratic elements that exist in the legislative process: voting, discussion , public involvement.
Keywords: restrictions on rights and freedoms, subjects of jurisdiction, restrictions on rights and freedoms by the constituent entities of the Russian Federation, the process of issuing acts by the executive branch.
References
1. Doroshenko E. N. Constitutional and legal framework for restricting human rights in connection with the pandemic of a new coronavirus infection // Actual problems of Russian law. – 2020. – No. 12. – S. 48-56.
2. Karpushkin A. V. Problems of the delegated rule-making of the State Duma of the Federal Assembly of the Russian Federation on the restriction of human rights // State power and local self-government. – 2022. – No. 1. – S. 44-46.
3. Cherepanov V. A. Restriction of the rights and freedoms of a person and a citizen by the laws of the constituent entities of the Russian Federation: problematic issues and the search for a solution // Constitutional and municipal law. – 2017. – No. 12. – S. 46-51.
4. Yusubov E. S. Regulation and protection of human rights in a federal state // Constitutional and municipal law. – 2010. – No. 9. – S. 36-40.
ADMINISTRATIVE LAW
VASILJEVA Natalya Yurjevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University
THE EFFECTIVENESS OF PREVENTIVE MEASURES IN THE FIELD OF FOREST MANAGEMENT, ON THE EXAMPLE OF THE IRKUTSK REGION
The modern system of state management in the field of forest relations integrates various preventive measures into its activities, which requires its participants to develop new theoretical and legal provisions and conceptual approaches that ensure the achievement of a balance of economic and social guidelines for forest management along with the preservation of the ecological potential of forests. In modern conditions of forest use, management activities cover a complex set of social relations, including not only forest management, reproduction, conservation and protection of forests, but also the application of effective preventive measures within the framework of federal state forest control (supervision) .
Keywords: state forest control (supervision), preventive measures, efficiency assessment.
References
1. Andreev Yu. A., Elfimova M. V., Melnik A. A. [et al.] On a possible approach to assessing the effectiveness and relevance of preventive measures in the field of fire safety // Modern problems of civil protection. – 2018. – No. 2 (27). – P. 56-61.
2. Davydova G. V., Tagiev M. I., Korodyuk I. S. [et al.] Improving the legislative regulation of sanitary cuttings as a factor in neutralizing the shadow sector of the timber industry // All-Russian Criminological Journal. – 2019. – T. 13. No. 6. – S. 909-920.
3. Makareiko NV Administrative responsibility in the system of protective institutions of administrative law // Academic legal journal. – 2020. – No. 2 (80). – S. 53-60.
4. Rusetskaya G. D. Implementation of the concept of sustainable development in forestry management. Bulletin of the Baikal State University. – 2022. – T. 32. No. 3. – S. 512-526.
5. Rybinskaya E. T. The function of the court when considering a criminal case. Izvestia of the Irkutsk State Economic Academy. – 2006. – No. 6. – S. 79-82.
6. Samarukha V. I., Zhabina D. A., Lovchagin S. A. Transformation of the management of the timber industry complex of the Baikal region during the transition to a new technological structure // Baikal Research Journal. – 2021. – T. 12. No. 2. – S. 18
ADMINISTRATIVE LAW
GUSEVA Svetlana Dmitrievna
lecturer of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia, major of police
ON THE ISSUE OF PUNISHMENTS IN VARIOUS COUNTRIES FOR CRIMES IN THE FIELD OF INDUCING THE USE OF SUBSTANCES AND (OR) METHODS PROHIBITED IN SPORTS
This article will briefly review the countries in which crimes are criminalized in the sphere of induction to the consumption of prohibited means and (or) methods. The legal norms and attitudes towards this stable phenomenon of the countries of the former Union of Independent States are analyzed. It is indicated that severe legislative measures have been introduced in Russia in the form of administrative fines, disqualifications and terms of imprisonment, which fully comply with all international anti-doping standards. However, in our country, NADL MSU does not have a license to test athletes, which makes it difficult to disqualify domestic athletes. Also presented are proposals for harmonizing the regulatory framework in this area.
Keywords: athlete, anti-doping legislation, administrative fine, disqualification, criminalization, Union of Independent States.
References
1. Brusnina O. A., Peskov A. N. The practice of doping in professional sports and the consequences for the health of athletes // National interests: priority and safety. – 2014. – T. 10. No. 31 (268). pp. 41-54. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_21788237_31764962.pdf (date of access: 07/25/2023).
2. How many must die. Sudden death of Russian athletes. [Electronic resource]. – Access mode: https://redko-da-metko.ru/2023/04/03/skolko-eshe-dolzhno-umeret-smerti-rossiyskih-sportsmenov/ (date of access: 07/25/2023).
3. The IOC is knocked down: The hypocritical WADA propose to abolish the games and hold the games without doping control. [Electronic resource]. – Access mode: https://cont.ws/@potap1956/2580441 (date of access: 09/01/2023).
4. WADA supports the introduction of penalties for inducing doping. [Electronic resource]. – Access mode: https://tass.ru/sport/4141485 (date of access: 07/14/2023).
5. Criminal Code of the Republic of Belarus. [Electronic resource]. – Access mode: https://criminal-code.bel/statya-331_1 (date of access: 09/01/2023).
6. Khabirova Z. Doping was found in 40 Kazakh athletes. [Electronic resource]. – Access mode: https://www.inform.kz/ru/u-40-kazahstanskih-sportsmenov-obnaruzhili-doping_a4090910 (date of access: 07/18/2023).
7. Samat A. B. Anti-doping: international and Kazakh experience Caspian Public University, Republic of Kazakhstan, Almaty. [Electronic resource]. – Access mode: https://adlet-nt.kz/wp-content/uploads/2022/01/NTA-2021-1_96-102.pdf (date of access: 26.07.2023).
8. Avanesov A. Armenia brings its legislation in line with WADA recommendations. [Electronic resource]. – Access mode: https://arminfo.info/full_news.php?id=73908 (date of access: 07/26/2023).
ADMINISTRATIVE LAW
MAKARENKO Andrey Ivanovich
senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia, adjunct of Constitutional and administrative law sub-faculty of the Krasnodar University of the MIA of Russia
ON THE QUESTION OF THE CLASSIFICATION OF SPECIAL ADMINISTRATIVE POLICE REGIMES IN RUSSIA
The scientific article examines the special administrative legal regimes of the police in Russia. Legal regulation of special administrative legal regimes is studied. The question of the relevance of the implementation of a clear scientific classification of special administrative legal regimes is considered. Characteristic features are analyzed, which are a set of rules and procedures applied by the police of the Russian Federation, aimed at ensuring public safety and maintaining order. The influence of the correct classification of regimes on the legal regulation of the police activity is considered.
Keywords: special administrative legal regimes, legal regulation of police activity, classification of special administrative legal regimes of the police.
References
1. Rushailo V. B. Special administrative and legal regimes in the Russian Federation: dis. … doc. legal Sciences – M., 2004.
2. Sapozhnikov A. I. Theoretical approaches to the classification of administrative and legal regimes of public security // Law and Security Journal. – 2007. – No. 3-4 (24-25).
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
IGNATOV Mikhail Vitaljevich
student of the Institute of training of public servants of the Academy of the FPs of Russia
CONTRACTUAL REGULATION AND OTHER ISSUES IN THE FIELD OF ASSISTED REPRODUCTIVE TECHNOLOGIES
The article analyzes and characterizes the norms of the legislation of the Russian Federation on the problems of applying assisted reproductive technologies to customers, the most common of which is surrogacy. In modern Russia, this problem is very relevant. Moreover, the most important points are not only the participation of foreign persons in surrogacy, but also the legal behavior
of women who want to participate as surrogate mothers is affected. The authors propose a solution to such problems by introducing amendments to certain norms of civil legislation, as well as the basics of healthcare in the state.
Keywords: civil legislation, family legislation, healthcare legislation, parents, assisted reproductive technologies, contract, surrogacy.
Reference list
1. Ananyeva E. O., Ivliev P. V. Civil law foundations of entrepreneurial activity in Russia: on the issue of providing paid medical services. Eurasian legal journal. – 2020. – No. 1 (140). – pp. 180-183.
2. Korsak V. Prohibition of partial donation contributes to the destruction of the family. Medvestnik. – [Electronic resource]. – Access mode: https://medvestnik.ru/content/news/Vladislav-Korsak-zapret-chastichnogo-donorstva-sposobstvuet-razrusheniu-semi.html (date of access: 05/15/2023).
3. Garanina I. G. Topical issues of surrogate motherhood in modern international private law. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-surrogatnogo-materinstva-v-sovremennom-mezhdunarodnom-chastnom-prave (date of access: 15.05.2023).
4. Tsybulskaya A. D. Problems of realization of hereditary rights by Nasciturus children conceived with the help of assisted reproductive technologies // Young scientist. – 2020. – No. 24 (314). – pp. 355-357. – [Electronic resource]. – Access mode: https://moluch.ru/archive/314/71527/ (date of access: 05/15/2023).
CIVIL LAW
VOZNESENSKAYA Luiza Nailevna
postgraduate student of the 3rd course of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
BASHILOV Boris Igorevich
Ph.D. in Law, 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, senior partner of the law firm “Bashilov, Noskov and Partners
TYPICAL SUBJECT OF PROOF IN CORPORATE DISPUTES
In the article the author defines the typical subjects of evidence for corporate disputes with the purpose of revealing and analyzing the influence of the special procedural procedure of consideration of corporate disputes in the state arbitration courts of the Russian Federation.
Keywords: corporate disputes, typical subjects of evidence, arbitration process, arbitration courts.
References
1. 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. P. 136-142;
2. Bashilov B. I., Galkina M. V. Procedural features of consideration by arbitration courts of corporate disputes on requirements for the protection of the rights and legitimate interests of a group of persons // Laws of Russia: experience, analysis, practice. 2020. No. 10. P. 39-43.
3. Kirsanov A. N. Systemic problems of harmonization of corporate legislation // Law and management: XXI century. 2018. No. 2 (47). pp. 40-47;
4. Matyuk Yu. S. To the question of the concept of a corporate dispute // Bulletin of scientific conferences. 2016. No. 12-4 (16). pp. 114-115;
5. Smolina O. S. The subject of proof in economic disputes in the arbitration process // Agrarian and land law. 2019. No. 11 (179). pp. 186-190;
6. Tomilov A. Yu. The role of the court in the formation of the subject of proof in civil cases // Problems of legal proceedings in the court of first instance in civil, arbitration and administrative cases. 2019. P. 396-402.
CIVIL LAW
GLAZACHEV Dmitriy Igorevich
postgraduate student of Legal support of economic activity sub-faculty of the Samara State University of Economics
FEATURES OF THE EXERCISE OF OWNERSHIP RIGHTS TO OBJECTS CREATED AS A RESULT OF THE IMPLEMENTATION OF PROJECTS EXECUTED IN THE FORM OF A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT AND A CONCESSION AGREEMENT. THE PROBLEM OF LEGAL REGULATION
The article provides a comparative analysis between the legislative regulation of the execution of public-private partnership agreements (municipal-private partnership) and concession agreements in terms of the emergence of ownership rights to objects created by the resultsof construction on the basis of these agreements, assesses the disadvantages of such methods of private investment in projects initiated by the state.
Keywords: ownership, contract and contractual obligations, public-private partnership, concession agreement.
References
1. Belykh V.S. Russian business law: textbook. – M.: Prospekt, 2022. – 768 p.
2. Lisin V. S. Transformation of property relations in the strategy of Russian economic reforms. – M.: Higher School, 1998. – 134 p.
3. Kiyamova E. R. Property relations in the system of public-private partnership // Bulletin of the Samara State University. series: economics and management. – 2014. – No. 2 (113). – P. 31-36.
4. Resolution of the Arbitration Court of the Central District dated June 5, 2020 No. F10-1282/2020 in case No. A48-11419/2018. [Electronic resource]. – Access mode: https://fasco.arbitr.ru/ (date of access: 03/15/2023).
CIVIL LAW
GLEBOVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Institute of Law of the FPS of Russia
TO THE QUESTION OF CIVIL LEGAL RESPONSIBILITY FOR ILLEGAL USE OF SPECIAL MEANS AND PHYSICAL FORCE BY THE EMPLOYEES OF INSTITUTIONS OF THE CRIMINAL-EXECUTIVE SYSTEM OF THE RUSSIAN FEDERATION
The penitentiary system is engaged in solving a number of tasks important for the state and society. In different periods of the development of our state, the execution of criminal punishment was and is a necessary function, first of all, to establish the security of society, a person and a citizen. With a view to the proper execution of court sentences, the state has endowed certain subjects with the authority to carry out the execution of sentences. Such subjects is the Federal Penitentiary Service of Russia.
Persons subject to criminal penalties are the convicted, suspected and accused. As a rule, the personality of such people has a number of disorders in the psychological and emotional background, they lead an antisocial lifestyle, are more likely to exhibit anxiety, anger, and aggression. Considering the criminogenic characteristics of such a special contingent of correctional institutions, it should be noted that, first of all, the object of aggression and attacks by convicted persons are employees of correctional institutions (hereinafter referred to as correctional institutions). In order to counter the aggressive illegal actions of convicts, suspects and defendants, employees of correctional institutions of the penitentiary system (hereinafter referred to as the penitentiary system) have the right to use physical force, special means and firearms.
In the case of the use of special means and physical force, the main task for the employee is to comply with the law, to prevent exceeding the limits for the use of special means and physical force, as well as to exercise such a right within the framework of the law. Misconduct is the basis for the application of various types of legal liability. As part of our study, we will consider the grounds for the application of civil liability.
Keywords: convicts, misuse of special means, misuse of physical force, responsibility.
References
1. Zaitsev A., Neglyad G. Separate aspects of legal regulation of the use of physical force, special means and weapons by the employees of the penal system // Bulletin of the penal system. – 2005. – No. 4. – P. 42.
2. Official Internet portal of legal information, July 19, 2018 – [Electronic resource]. – Access mode: www.pravo.gov.ru.
3. Esakov G. A. Fundamentals of comparative criminal law. – M.: Elit, 2007. – P. 57.
4. The use of physical force and special means by employees of correctional institutions and pre-trial detention centers in the performance of official duties: a teaching aid // Mishustin S. P., Ilyukhin S. E., Kashibadze A. G., Mikheeva S. V. – Samara : Samara Law Institute of the Federal Penitentiary Service of Russia, 2019. – P. 15.
5. Aladyina L. S. Humanization of the legal status of persons deprived of their liberty // Gazette of the penal system. – 2004. – № 4. – S. 22-23.
6. Ovchinnikov S. N. Strictly according to the law // Crime and punishment. – 2013. – No. 8. – P. 10.
7. Gazizulin A.I. Features of the legal status of employees of the penal system // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia. – P. 58.
8. Shestakova E. G. Problems of bringing to responsibility for the abuse of the right by the employees of the penal system of Russia // Collection of scientific papers of the winners and prize-winners of the competition for the best scientific work. – Novokuznetsk, 2017. – P. 57.
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
ROSLYAKOVA Darya Andreevna
magister student of the Samara State University of Economics
On the legal nature and signs of subsidiary liability in the bankruptcy procedure of organizations
The article examines the issues of subsidiary liability in the bankruptcy procedure. Approaches to the legal nature of this responsibility are considered, its signs are analyzed. The article assesses some trends in law enforcement that influence the formation of doctrinal aspects of subsidiary liability in bankruptcy, in particular, the possibility of bringing a claim against the person controlling the debtor outside the bankruptcy procedure. The authors come to the conclusion that the possibility of applying subsidiary liability in this case should be clarified at the level of the highest judicial authority in order to avoid negative legal consequences.
Keywords: insolvency, bankruptcy, debtor, controlling person, subsidiary liability, Supreme Court of the Russian Federation.
References
1. Agibalova EN Is bankruptcy possible without subsidiary liability and is there subsidiary liability outside the framework of bankruptcy proceedings? // Front page. – 2023. – No. 3. – pp. 7-14. – [Electronic resource]. – Access Mode: https://viewer.joomag.com/Front-page-MARCH-2-abridged-issue/0532454001677579808 (Accessed 05/06/2023).
2. Gutnikov O. V. Corporate responsibility in civil law. – M.: IZiSP, KONTRAKT, 2019. – 488 p.
3. Egorov A. V., Usacheva K. A. Doctrine of “removing the corporate veil” as a tool for allocating risks between participants in a corporation and other entities of turnover // Legal World. – 2017. – No. 7. – pp. 44-49.
4. Kondratyeva K. S., Sterligov I. A. Prospects for the application of the doctrine of “removing the corporate veil” when bringing to subsidiary liability the persons controlling the debtor in the Russian Federation: a comparative legal approach // Bulletin of the Tomsk State University. – 2021. – No. 462. – P. 224–231.
5. Lomakin D., Gentovt O. Responsibility of controlling persons: legal nature and the mechanism of attraction to it // Economy and law. – 2016. – No. 1. – pp. 11-15.
6. Savinykh V. A. Subsidiary liability: economic content and legal essence // Vestnik VAS. – 2012. – No. 12. – pp. 59-69.
CIVIL LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
TRANKALAN Fedor Ivanovich
postgraduate student of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL CONSEQUENCES OF THE UNAGREEMENTAL CONSUMPTION OF ELECTRIC ENERGY
This research is devoted to the consequences of the implementation of electric energy consumption in the absence of contractual relations, the procedure for establishing the fact of non-contractual consumption and calculating the volume of consumption. The main attention is paid to the civil and economic consequences, but the authors also reflect the existing types of liability for illegal electricity consumption.
Keywords: non-contracted consumption of electric energy, electrical energy, unaccounted electricity consumption, energy law.
References
1. Frolova N. M. Non-contractual and non-metering consumption of electrical energy and the consequences of its detection // Bulletin of the University named after O. E. Kutafin (MSUA). – 2021. – No. 11 (87). – S. 185-193. – DOI 10.17803/2311-5998.2021.87.11.185-193. – EDN TJAAWP.
2. Rodin E. Non-contractual electricity consumption: how is it regulated and who pays? – [Electronic resource]. – Access mode: SPS ConsultantPlus. – 2019.
3. Trubetskaya A. A. On the issue of abuse of the right when the guaranteeing supplier collects from the consumer the cost of non-contractual consumption of electrical energy // Energy law: models and development trends: Collection of materials of the II international scientific and practical conference, Belgorod, November 12-13, 2020 / Edited by A. V. Gabov. – Belgorod: Belgorod Publishing House, 2021. – P. 189-191. – EDN BSQVPH.
4. Stepenko V. E., Kovalevskaya O.Yu. The procedure for bringing to responsibility for unmetered energy consumption in the field of energy supply // Economic justice in the Far East of Russia. – 2022. – No. 2 (25). – S. 16-24. – EDN QNJBXI.
5. Romanko I. A. Problems of determining the person responsible for non-contractual consumption of electrical energy // Trends in the development of science and education. – 2019. – No. 55-5. – S. 60-63. – DOI 10.18411/lj-10-2019-90. – EDN NDSCKX.
6. Shcherbak I. Yu., Stashko V. I. On the problems of applying the methodology for calculating unaccounted for consumption of electrical energy. I. I. Polzunova / Comp. S. O. Khomutov, V. I. Stashko. – Barnaul: Limited Liability Company “Interregional Center for Electronic Educational Resources”, 2021. – P. 191-195. – EDN FLSQNW.
7. Nosov O. Digitalization is not only a national priority – it is a natural way for the development of modern business // Journal “Bryansk theme”. – 2021. – No. 5. – P. 8-9. – [Electronic resource]. – Access mode: https://elektro-32.ru/o-kompanii/press-tsentr/publikatsii-v-smi/oleg-nosov-tsifrovizatsiya-ne-tolko-natsionalnyy-prioritet-eto-estestvennyy-put-razvitiya- sovremenno/ (date of access: 05/01/2023).
8. Ermakov 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.
9. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality / E. P. Rusakova, // RUDN Journal of Law. – 2022. – Vol. 26. No. 3. – P. 695-704. – DOI 10.22363/2313-2337-2022-26-3-695-704. – EDN FVELIW.
CIVIL LAW
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
PROSPECTS FOR THE DEVELOPMENT OF E-COMMERCE IN MODERN RUSSIA
This article discusses the prospects for the development of e-commerce in modern Russia. The inevitability of the development of this direction is due to the challenges that our state faces today. The development of e-commerce will quickly and effectively develop the domestic economy. The recent COVID-19 pandemic and the need for import substitution form an additional impetus for the development of digital technologies in the industry under study. The constraints that hinder the development of e-commerce are considered, as well as the potential benefits that will be received by the domestic society in the event of the progressive development of e-commerce and its effective use are analyzed.
Keywords: e-commerce, online service, remote technologies, Internet, cyberspace, digital technologies, portable gadgets, digital specialized platforms, mass media, information security, call tracking, author’s right.
References
1. Sheffer A. Methods of teaching the topic “Electronic commerce on the Internet” in the course of computer science at school // Education in the modern world: horizons and prospects. Article in the conference proceedings, 2018. – P. 430-434.
2. Zbarskaya D. G. Electronic commerce: features and prospects (on the example of the USA and Russia) // Economics and management of the national economy: genesis, current state and development prospects. Article in the proceedings of the conference, 2018. – P. 180-184.
3. Taysumova Kh. V., Mizaev M. M. Electronic commerce on the Internet // Economics: yesterday, today, tomorrow. – 2022. – T. 12. No. 4-1. – P. 187-193.
CIVIL LAW
ZAULOCHNAYA Svetlana Andreevna
Ph.D. in Law, Head of Civil law disciplines sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor of the Russian Federation
PROTECTION OF THE RIGHTS OF APARTMENT OWNERS: LEGISLATION AND JUDICIAL PRACTICE
The article discusses the problematic aspects of the legal regime of apartments as a real estate object. The author concludes that the existing legal regulation does not correspond to the social relations actually developing relative to the apartments. Based on the analysis of national legislation and judicial practice, proposals have been formulated to improve the legislative definition of the status of this immovable property and to ensure the rights of its owners.
Keywords: real estate, residential premises, non-residential premises, apartments, place of residence.
Pristateybibliographic list
1. Zakharov A. V. The legal status of modern apartments // Bulletin of the Siberian State University of Communications: Humanitarian Studies. – 2020. – No. 2 (8). – S. 15-19.
2. Demidov P. V., Kovalev N. S. Problems of determining the legal status of apartments as a real estate object // Models and technologies of environmental management (regional aspect). – 2021. – No. 2 (13). – P. 64-67.
CIVIL LAW
ZAKHAROVA Olga Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Juridical Institute of the Baikal State University
EPIFANTSEVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Juridical Institute of the Baikal State University
COMPENSATION FOR DAMAGE CAUSED BY THE INTERACTION OF A VEHICLE WITH AN ANIMAL
This article raises the issue of compensation for damage caused by the interaction of an animal and a vehicle. The authors consider the possibility of recognizing an animal as a source of increased danger, discuss the problem of the correlation of the degree of guilt and the amount of responsibility of the owner of the vehicle and the owner of the pet in case of their interaction. It is noted that municipal authorities may be involved as a defendant if the owner of the animal is not identified. The issue of the insurer’s liability is also raised.
Keywords: source of increased owners danger, animal, compensation for harm, civil liability insurance of vehicle.
References
1. Zhmurov D. V. Prevention of alcohol consumption while driving vehicles // Baikal Research Journal. – 2018. – V. 9. No. 3. – S. 15.
2. Lemzyakova E. P. Problems of compulsory insurance of civil liability of economic entities // Baikal Research Journal. – 2013. – № 4. – S. 5.
3. Suchkov A. I. Features of the forensic characteristics of provoked road traffic crimes // Siberian Criminal Procedure and Forensic Readings. – 2022. – No. 3. – S. 30-38.
CIVIL LAW
KYDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GNEZDILOVA Arina Sergeevna
Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
INDIVIDUALIZATION OF TRADE TURNOVER OBJECTS
This article discusses the ways of individualization of objects of trade turnover and the problems that arise at the same time, problems, modern methods of representing goods. The purpose of the study is to specify the individualizing features of the objects of trade turnover and to enshrine it in the legislation. The base of normative legal acts that regulate the activities of producers and their protection was also studied. The authors note the uncertainty of the legislation in the application of the concept of “company name”, or rather its strict definition in regulatory legal acts.
Keywords: individualization, product, commodity producer, production, trademark.
References
1. Kudryavtseva L. V. Civil law means and business practices aimed at improving the safety and quality of products in the resort business // Actual problems of law and law enforcement at the present stage. – 2015. – № 402.
2. Kudryavtseva L. V. The effect of the principle of good faith in the activities of agricultural producers // Problems of Economics and Legal Practice. – 2019. – № 2 (167)
3. Tsygankova A. E. Trademark as a way to individualize goods in commercial circulation // E-Scio. – 2022. – No. 5 (68).
CIVIL LAW
MOTSAR Yuliya Vladimirovna
Ph.D. in sociological sciences, lecturer of the Stavropol branch of the Krasnodar University of the MIA of Russia
ATMACHEV Sergey Igorevich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BANKRUPTCY OF THE HEREDITARY MASS: LEGAL ASPECTS OF REGULATION
The article deals with the issues of legal regulation of bankruptcy of the inheritance estate after the death of the testator (debtor). On the basis of theoretical analysis, law enforcement practice of courts and generalization of the current legislation on bankruptcy of citizens, the issue of separation of property transferred in the order of inheritance from the personal property of the heir (debtor) in the bankruptcy procedure is investigated. The ways of solving the issue that allow a favorable impact in the law enforcement practice of the courts are proposed.
Keywords: bankruptcy, heir, testator, hereditary legal relations, hereditary estate, bankruptcy estate, citizen, debtor, creditor.
References
1. Petrov E. Yu. Responsibility of the heir for the debts of the inheritance // Topical issues of inheritance law: Collection / Yu. B. Gongalo, P. V. Krasheninnikov, I. B. Mironov and others; ed. P. V. Krasheninnikova. – M.: Statut, 2016. – S. 88.
2. Shishmareva T. P. Problems of insolvency of isolated property masses // Appendix to the journal “Entrepreneurial Law”. – 2016. – No. 3. – S. 50-54.
CIVIL LAW
NADEZHIN Nikolay Nikolaevich
Ph.D. in Law, associate professor, Vice-rector for Educational and Methodological Work of the Russian Biotechnological University
OPERATIONAL IMPACT MEASURES AS LEGAL MEANS OF ENSURING ENTREPRENEURIAL ACTIVITY
In the conditions of the free formation of conditions for the interaction of economic entities, the so-called measures of operational (operational and economic) impact are of particular importance. Such sanctions are usually of a proprietary nature and can act as a significant factor in managing the situation, including the creation of the necessary legal regime to ensure both the fulfillment of individual obligations and the success of entrepreneurial activity. Therefore, it is necessary to introduce doctrinal certainty and fix in civil legislation the minimum necessary provisions on the contractual and autonomous imposition of sanctions, their size and interaction with other means of property impact, since periodically adopted, but completely unrelated and not having a systemic nature, separate generalizations and court rulings do not perform an orienting function.
Keywords: measures of operational impact, sanction, operational sanction, means of provision, entrepreneurial activity, self-defense.
References
1. Andreev Yu. N. The mechanism of civil law protection. – M.: Norma, 2022. – 464 p.
2. Alekseev S. S. General theory of socialist law. Issue. 2. – Sverdlovsk, 1964. – 226 p.
3. Basin Yu. G., Didenko A. G. Operational sanctions as a means of protecting civil rights // Basin Yu. G. Selected works on civil law. – St. Petersburg, 2003. – 589 p.
4. Bevzenko R.S. Some issues of judicial practice of applying the provisions of Chapter 29 of the Civil Code of the Russian Federation // Bulletin of Civil Law. – 2010. – № 2. – P. 155-170.
5. Belykh V. S. Forms and methods of legal protection of citizens // Protection of civil rights (police, court, prosecutor’s office): pract. allowance. – Yekaterinburg, 1999. – 60 p.
6. Bogdanov D. E. The evolution of civil liability from the standpoint of justice: a comparative legal aspect: a monograph. – M.: Prospekt, 2016. – 304 p.
7. Bogdanova E. E. Protection from the counterparty. Problems of subjective civil rights and interests in contractual relations. – M.: Prior, 2006. – 204 p.
8. Vavilin E. V. Implementation and protection of civil rights. – M.: Statute, 2009. – 415 p.
9. Civil law: Actual problems of theory and practice / ed. ed. V. A. Belova. – M., 2008. – 993 p.
10. Gribanov V. P. Implementation and protection of civil rights. – M.: Statute, 2000. – 410 p.
11. Gribanov V. P. Limits of implementation and protection of civil rights. – Moscow: Publishing House of Moscow State University, 1972. – 204 p.
12. Demieva A. G. On the relationship between the concepts of “legal regulation”, “self-regulation” and “coordination” of economic activity // Civil law. – 2015. – № 4. – S. 9-11.
13. Egorova M. A. Unilateral refusal of a civil law contract. – M. Statute, 2010. – 513 p.
14. Illarionova T. I. The system of civil law protective measures: dis. … doc. legal Sciences. – Sverdlovsk, 1985. – 471 p.
15. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M., 1961. – 381 p.
16. Karpov M. S. Civil law measures of operational impact. – M.: Statute, 2004. – 141 p.
17. Karkhalev D. N. Protective civil relationship. – M.: Statute, 2009. – 332 p.
18. Meyer D. I. Russian civil law: At 2 o’clock according to the corrected and supplemented 8th ed. 1902. Ed. 2nd, rev. – M.: Statute, 2000. – 449 p.
19. Panova A. S. Civil law essence of measures of operational impact // Law and Economics. – 2016. – No. 5. – P. 23-304.
20. Popov I. V. On the issue of refusal to perform the contract// The practice of applying general provisions on obligations: Collectionik articles / Hand. ed. count and resp. ed. M. A. Rozhkova. – M.: Statut, 2011. – S. 318-330.
21. Protasov VN Protective legal relationship – the main relationship for the legal process // Questions of the theory of protective legal relations. – Yaroslavl, 1991. – S. 10-12.
22. Pyrkh A. I. Self-defense of the rights of an entrepreneur: a comparative legal analysis of the legislation of Russia and Germany: author. dis. … cand. legal Sciences. – St. Petersburg, 2013. – 23 p.
23. Sverdlyk G., Strauning E. Methods of self-defense of civil rights and their classification // Economy and law. – 1999. – No. 1. – S. 48-52.
24. Tarkhov V. A. Protection of the property rights of workers under Soviet civil law: author. dis. … doc. legal Sciences. – M., 1966. – 31 p.
25. The theory of pre-contractual liability in the light of the reform of the Civil Code of the Russian Federation. – M.: Publication of the State Duma, 2013. – 128 p.
26. Yuzhanin N. V. Operational measures and second rights // Lex russica. – 2016. – No. 8. – P. 21-32.
27. Yuzhanin N. V. Unilateral human rights measures in the mechanism of civil law regulation: dis. … doc. legal Sciences. – M., 2017. – 512 p.
CIVIL LAW
PLEKHANOVA Olesya Igorevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute of Justice of the Baikal State University
MILITARY MORTGAGE SECTION: JUDICIAL PRACTICE EXPERIENCE
The article deals with the main problems of family legislation related to the peculiarities of military mortgages in the division of property of spouses and the protection of the interests of family members of a serviceman. The main problem is the question of whether the residential premises acquired in marriage with the use of mortgage lending in the accumulative mortgage system are divided between the spouses when dividing the property of the spouses. There is a discussion on this issue in legal science and there is no uniformity in judicial practice. After analyzing the opinions of scientists and judicial practice, it can be concluded that residential premises acquired in marriage using mortgage loans in the accumulative mortgage system of a serviceman should be recognized as joint property of spouses, including in order to protect the interests of family members of a serviceman.
Keywords: military mortgage, division of property of spouses, divorce, spouse, child, property rights of children, family members, serviceman, housing.
References
1. Maksimovich L. B. Transactions involving spouses // Transactions in civil and family law, forms of protection of the rights and interests of participants in transactions: Sat. Art. / Ed. T. E. Abova. M.: Prospekt, 2018. S. 80-88.
2. Tagaeva S. N. Influence of state policy aimed at improving housing conditions, on the property relations of spouses // Family and housing law. 2022. No. 3. P. 16-19.
3. Gaidin D. Division of housing with former spouses: analysis of complex cases involving housing acquired through the savings and mortgage system // Housing Law. 2021. No. 3. P. 49-58.
4. Kuspanova O. V. Problematic issues of the implementation of rights and obligations with the participation of military personnel in the accumulative mortgage system of housing provision // Law in the Armed Forces – Military Legal Review. 2019. No. 5 (262). pp. 63-66.
5. Svininykh E. A. The legal fate of debt under targeted housing loan agreements and mortgage loans (loans) in the event of divorce by a participant in the accumulative mortgage system of housing provision for military personnel // Law in the Armed Forces – Military Legal Review. 2019. No. 5 (262). pp. 70-79.
6. Minnikes I. A. Individual legal acts (to the problem of individual legal regulation) // Izvestiya IGEA. 2006. No. 5 (50). pp. 59-62.
7. Minnikes I. A. The concept of legal personification (to the problem of individual legal regulation) // Izvestiya IGEA. 2006. No. 6. P. 42-45.
8. Vinichenko Yu. V. To the question of reasonableness in the context of the problem of individual legal regulation // Izvestiya IGEA. 2011. No. 6. (80). pp. 175-178.
CIVIL LAW
POTAPOVA Larisa Vitaljevna
Ph.D. in historical sciences, associate professor, associate professor of Civil law disciplines Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, adviser of justice
DRYN Nikita Vyacheslavovich
student of the Faculty of Law of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
JOINT WILL OF SPOUSES: INTERNATIONAL EXPERIENCE
The article analyzes the institution of joint will of spouses. The authors consider the experience of regulating this institution by foreign states and highlight similar and distinctive features in comparison with the Russian Federation. Based on international experience, the authors identify a number of proposals that could positively affect the improvement of this institution in Russian legislation.
Keywords: Inheritance law, novels, joint will of spouses, international experience.
References
1. Krasheninnikov P. V. Inheritance law. 3rd ed. – M.: Statute, 2018. – 288 p.
2. Legal regulation of inheritance relations in Russia, France and Germany: dissertation abstract for the degree of candidate of legal sciences: specialty 12.00.03 / Hajiyev Adil Afgan oglu; [RUDN University]. – Moscow, 2021. – 26 p.
3. 3浅析共同遗嘱 – [Electronic resource]. – Mode of access: https://www.allbrightlaw.com/CN/10475/f289a2496a1d1a8e.aspx (accessed 10.06.2023).
4. 4.民法(明治二十九年法律第八十九号). – [Electronic resource]. – Mode of access: https://elaws.e-gov.go.jp/document?lawid=129AC0000000089 (accessed 10/06/2023).
5. 대한민국 민법. – [Electronic resource]. – Access mode: https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EB%AF%BC%EB%B2%95 (date of access: 06/10/2023).
6. Joint Wills for Couples: What you need to know about mirror wills and mutual wills. – [Electronic resource]. – Mode of access: https://www.thelawsuperstore.co.uk/wills-probate/help-and-advice/joint-wills-couples-mutual-wills-mirror-wills (Accessed 02/05/2023).
7. The case against joint wills for married couples. – [Electronic resource]. – Access Mode: https://www.legalzoom.com/articles/the-case-against-joint-wills-for-married-couples#:~:text=A%20joint%20will%20is%20one,goes%20to %20the%20surviving%20spouse (Accessed 10/06/2023).
8. Joint Wills and Mirror Wills – what’s the difference? – [Electronic resource]. – Mode of access: https://www.willed.com.au/guides/joint-wills-and-mirror-wills-whats-the-difference/ (accessed 11.06.2023).
9. Deryusheva OI On the legal nature of the joint will of the spouses // Legal paradigm. – 2022. – V. 21. No. 1. – S. 110-114. – DOI 10.15688/lc.jvolsu.2022.1.15.
CIVIL LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service
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
ON THE ISSUE OF THE POSSIBILITY OF EMPLOYMENT OF CONVICTS IN THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The paper considers the issues of introducing public-private partnership mechanisms in to the activities of the penal enforcement system of the Russian Federation in order to ensure the social and labor adaptation of convicts to imprisonment and the effective development of the production sector in the system. The study of this topic will allow solving issues related to the preservation and development of their own production, improving the financial and economic condition of institutions of the penitentiary system of the Russian Federation, increasing the employment of convicts.
Keywords: law, production, re-socialization, employment of convicts, penal enforcement system.
References
1. Radchenko E. P., Olenev M. G. Instruments of public-private partnership in the penitentiary system of Russia // Bulletin of the public research laboratory “Interaction of the penitentiary system with civil society institutions: historical, legal and theoretical and methodological aspects.” – 2019. – No. 14. – P. 131-136.
2. Deryabina M. Public-private partnership: theory and practice // Questions of Economics. – 2008. – No. 8. – P. 61-77.
3. Sedykh V. A., Avdeev V. V., Rodionov A. V., Skiba A. P. Some issues of legal regulation of employment of convicts sentenced to forced labor within the framework of public-private partnership in the production sector of the penitentiary system of the Russian Federation / / Vedomosti penitentiary system. – 2020. – No. 10 (221). – P. 53-61.
4. Federal Law No. 420 dated December 7, 2011 “On Amendmentsto the Criminal Code of the Russian Federation and certain legislative acts of the Russian Federation” // SPS ConsultantPlus.
5. Law of the Russian Federation of July 21, 1993 No. 5473-1 (as amended on December 29, 2022) “On institutions and bodies of the penitentiary system of the Russian Federation” // ATP ConsultantPlus.
6. Order of the Ministry of Justice of the Russian Federation of April 1, 2008 No. 80 “On Approval of the Model Regulations on the Center for Labor Adaptation of Convicts or the Training and Production (Labor) Workshop of an Institution Executing Criminal Punishments in the Form of Deprivation of Liberty, and the Model Regulations on the Medical and Industrial (Labor) Workshop institution executing criminal sentences in the form of deprivation of liberty” (Registered in the Ministry of Justice of the Russian Federation on 09.04.2008 No. 11495) // SPS ConsultantPlus.
7. Vdovina A. N. Organization of control over the financial condition of the centers of labor adaptation of convicted institutions of the penitentiary system of the Russian Federation // Eurasian legal journal. – 2023. – No. 2 (177). – S. 438-439.
8. Public-Private Partnership Market in Russia: Problems and Development Prospects (Research). [Electronic resource]. – Access mode: https://iptg.ru/upload/iblock/5a5/5a5d4440ca6eec9837c16003dc2f69c2.pdf (date of access: 07/01/2023).
9. Gryaznov S. A. The role of public-private partnership in improving the efficiency of the production sector of penitentiary institutions // Scientific journal “Business and Society”. – 2023. – No. 1 (37). [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=50445019&ysclid=lkqk49bcv0449269183 (date of access: 07/01/2023).
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
THE ABILITY TO DEFINE AN INFORMATION MODEL OF A CONSTRUCTION OBJECT (BIM) AS A COMPOSITE OR COMPLEX OBJECT OF INTELLECTUAL RIGHTS
In the article, the authors attempt to define the information model of a construction object (BIM) as a composite or complex object of intellectual rights. Information modeling of construction objects is currently a promising modern technology that allows you to transfer construction processes to a qualitatively new level. Based on the identified characteristics of the information model of the construction object, an attempt is made to find out whether it is possible to define the information model of the construction object as a composite or complex object of intellectual rights. The authors conclude that in case of recognition of a complex object of intellectual rights, amendments to Article 1240 of the Civil Code of the Russian Federation are required; the design of such a composite object as a database is not suitable for all information models of construction projects. The authors see the solution of the problem in the formulation of completely new objects of civil rights. Digital things, digital doubles, seem to be the most promising in this regard.
Keywords: building information model, BIM, database, complex object of intellectual rights, results of intellectual activity.
References
1. Stepanenko O., Cherdakova L., Tatarnikov V. Legal protection of BIM products // IOP Conference Series: Materials Science and Engineering: New Technologies and Special-Purpose Development Priorities, Irkutsk, April 25, 2019. Vol. 667. – Irkutsk: Institute of Physics Publishing, 2019. – P. 012099. – DOI 10.1088/1757-899X/667/1/012099. – EDN VMQPZN.
2. Yalilov A.D. Features of civil law regulation of relations in the field of design and construction using information modeling technology (BIM). – Text: electronic // Actual problems of Russian law. – 2022. – No. 11. [Electronic resource]. – Access mode: http://www.consultant/main/statia/ru (date of access: 06/23/2023).
CIVIL LAW
YASTREMSKIY Ivan Anatolievich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
LEGAL SIGNIFICANCE OF THE CLAIM PROCEDURE FOR SETTLING A DISPUTE UNDER CONTRACTS FOR THE PROVISION OF MEDICAL SERVICES IN THE FIELD OF PLASTIC SURGERY
This article is dedicated to the study of the legal significance of the claim procedure for setting a dispute under contracts for the provision of medical services in the field of plastic surgery. The article discusses the features of the contract, the responsibility of the parties, possible disputes and ways to resolve them. It also describes the role of the claim procedure in the litigation and recommendations for persons providing medical services in this area. The results of the study emphasize the importance of the correct execution of contracts and the application of the claim procedure to resolve disputes and reduce the risk of litigation. Further study of the topic may contribute to a deeper understanding of the legal aspects of the provision of medical services in the field of plastic surgery and improve the quality of services provided. In addition, it is important to take into account the regulations, standards and requirements that exist in the field of plastic surgery. Lack of due care, improper application of methods and technologies, as well as inconsistency in the qualifications of medical personnel can lead to undesirable consequences and disputes. Further research may be directed at studying real cases of disputes between patients and medical institutions providing services in the field of plastic surgery. An analysis of the practice of applying the claim procedure and its effectiveness in resolving disputes in this area can also be carried out. In general, given the importance of providing quality medical services and the need to protect the rights of patients, the study of legal aspects in the field of plastic surgery is a relevant and important topic for further research.
Keywords: plastic surgery, medical services, contract, claim procedure, disputes, legal aspects, protection of patients’ rights, liability, medical errors, regulations.
References
1. Sargsyan A. M. Basic principles of legislative regulation of the legal status of a doctor // Law and Economics. – 2018. – No. 6. – P. 12-15.
2. Stepanova E. A. Protecting the rights of patients in medical disputes. – M .: Yurayt Publishing House, 2017. – 192 p.
CIVIL LAW
AIDANOV Semen Dinarovich
master of Law, postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
STATE SUPPORT OF SOCIAL ENTREPRENEURSHIP IN THE RUSSIAN FEDERATION
In this article, the author analyzes law enforcement practice, as well as social relations arising in connection with the implementation of socially oriented entrepreneurial activity, in particular in the subjects of the Russian Federation. The author suggests and substantiates various necessary support measures aimed at the development of social entrepreneurship in the Russian Federation
Keywords: civil law, business law, support measures, social activities, social entrepreneurship.
References
1. Plyukhina A. A., Umnov V. A. Analysis of foreign experience of state support of social entrepreneurship // Public Administration. Electronic Bulletin. – 2018. – No. 71. – P. 150
2. Kulkova V. Yu. Implementation of state support for social entrepreneurship in the development of social services in the Russian Federation in regional practices // Management Issues. – 2021. – No. 2 (69). – S. 93.
3. Fedorova I. V. Social entrepreneurship: the evolution of the concept and the formation of approaches // Issues of Russian justice. – 2020. – No. 19. [Electronic resource]. – Access mode: http://injust-journal.ru/wp-content/uploads/2020/05/12.00.00.(Date of access: 06/20/2023).
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
MAVRITSIN Egor Evgenjevich
student of the Institute of training of public servants of the Academy of the FPS of Russia
THE PROBLEM OF CONTRACTUAL RELATIONS IN INVESTMENT ACTIVITY
The article deals with the problem of contractual relations in investment activities related to the lack of development of terms of such an agreement in Russian legislation and the drafting of standard transparent contracts to regulate this issue. Attracting investments, including foreign ones, in the modern period of time is not so much problematic due to political and economic sanctions, but because of the effective structure and legislative regulation of this issue. The authors conduct a study of the norms of legislation regulating investment activity in the Russian Federation. At the same time, the ways of solving the existing problems when concluding investment contracts are given.
Keywords: civil legislation, investment activity, investment contract, problem, legal regulation.
References
1. On investment contracts and investment agreements. [Electronic resource]. – Access mode: https://vitvt.com/articles/investitsionnyy_kontraktpravovayakvalifikatsiyaisudebnaya. (date of access: 11.06.2023).
2. Ananyeva E. O., Ivliev P. V. To the question of the development of leasing in modern Russia // Law and Law. – 2022. – № 2. – S. 96-98.
3. Mingazova A. M. Features of contractual regulation of investment activity. [Electronic resource]. – Access mode: Users/Admin/Downloads/osobennosti-dogovornogo-regulirovaniya-investitsionnoy-deyatelnosti.pdf (date of access: 06/11/2023).
4. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 1039/13 dated July 2, 2013 in case No. A51-11274/2012. [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=355047#mMgjygT4kJLknB441 (date of access: 06/11/2023).
5. Fox VN Investment law. Ministry of Education and Science of the Russian Federation. Novosibirsk national research state un-t. – Novosibirsk, 2015. – S. 49-52.
CIVIL LAW
GLAZACHEV Dmitriy Igorevich
postgraduate student of Legal support of economic activity sub-faculty of the Samara State University of Economics
PUBLIC-PRIVATE PARTNERSHIP AGREEMENT AND LIFE CYCLE CONTRACTS: SIMILARITIES AND DIFFERENCES OF LEGAL NATURE
The article examines the legal nature of the life cycle contract as a form of private investment in projects implemented by the state in order to create a civil infrastructure for social purposes, and its distinctive features in comparison with the classical form of investment – an agreement on public-private (municipal-private) partnership. Understanding the similarities and differences of the legal nature of both institutions makes it possible at the applied level to correctly choose the most preferred form, depending on specific circumstances.
Keywords: contract, contractual obligations, public-private partnership, public procurement.
References
1. Frolovsky N. G. Normative regulation of public-private partnership in the Russian Federation // Lawyer. – 2022. – No. 8. – P. 9-14.
2. Smyshlyaev A. V. Forms of project implementation in the sphere of public private partnership: legal aspect // Lawyer. – 2022. – No. 11. – P. 47-53.
3. Dimitriev R. S. On the definition of the concept of “life cycle contract” in Russian legislation // Journal of Russian law. – 2021. – No. 1. – P. 157-169.
CIVIL LAW
DEREVYANKO Olga Viktorovna
postgraduate student of Civil law sub-faculty of the Faculty of Law of the A. I. Herzen Russian State Pedagogical University
THE INSTITUTION OF DIVORCE. COMPARATIVE LEGAL ANALYSIS
The author of the article explored the characteristics of divorce in modern legal families. The article examines the aspects of divorce in various types of families, such as Romano-Germanic families (like Russia), Anglo-Saxon (such as Great Britain and the USA), mixed families (like Norway and Sweden in Scandinavia), religious families (as seen in Muslim countries), and Far Eastern families (like China and Japan). The legislative regulations regarding divorce in these countries are analyzed.
Keywords: marital and family relations, termination of marriage, dissolution of marriage, spouses, legal families of the present, comparative legal research.
References
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ // SZ RF. – 1994. – No. 32. – Art. 3301.
2. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // SZ RF. – 1996. – No. 1. – Art. 16.
3. Dotsenko A. A. Institute of divorce in Russia // Scientific journal “Epomen”. – № 47. – 2020.
4. Dubrovskaya TV Conclusion and dissolution of marriage in modern Russia: some features of legal regulation // Legal state: theory and practice. – 2018. – No. 4. – P. 118-123.
5. Ovchinnikova A. L. Termination of marriage: a comparative analysis of the legislation of the Russian Federation and Japan / A. L. Ovchinnikova. — Text: direct // Young scientist. – 2019. – No. 25 (263). – S. 329-332. [Electronic resource]. – Access mode: https://moluch.ru/archive/263/60910/ (date of access: 05/15/2023).
6. Features of the divorce process in the United States. [Electronic resource]. – Access mode: https://bizblog.rusrek.com/blogs/post/osobennosti-brakorazvodnogo-processa-v-ssha.html (date of access: 05/14/2023).
7. Law of Northern Europe. [Electronic resource]. – Access mode: http://www.bfrz.ru/data/images/2015/SMI_RZ_2015/pravo/soot_pravo_2.pdf (date of access: 05/14/2023).
8. Divorce in China: laws, procedure, division of property and maintenance of children. [Electronic resource]. – Access mode: https://razvod.ru/procedura-razvoda/usloviya-rastorzheniya-braka-v-kitae/ (date of access: 05/14/2023).
9. Divorce in Muslim states. [Electronic resource]. – Access mode: https://azan.ru/maqalat/read/voprosyi-svyazannyie-s-talakom-11097 (date of access: 05/14/2023)
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
VEDENKINA Tatyana Pavlovna
magister student of the Samara State University of Economics
ON THE NATURE OF CORPORATE RESPONSIBILITY
The article examines the issues of the legal nature of corporate liability in civil law. Despite the presence of a significant number of publications on this subject,the question of the independent nature of this type of civil liability remains open. The article discusses current trends in the development of corporate relations and legislative provisions in terms of the responsibility of their subjects.
The authors of the article come to the conclusion that the theoretical concept that legal liability in the field of corporate relations is an independent type of civil liability seems to be quite reasonable and logical.
Keywords: civil liability, corporation, corporate liability, corporate relations, relative legal relations.
References
1. Gutnikov O. V. Corporate responsibility in civil law: monograph. – M.: IZiSP, KONTRAKT, 2019. – 488 p.
2. Dzutseva D. M., Kabaloeva A. T. Features of corporate responsibility // Humanitarian and legal research. – 2017. – No. 1. – C. 156-161. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-korporativnoy-otvetstvennosti (date of access: 05/25/2023).
3. Molotnikov AE Responsibility in joint-stock companies. – M., 2006. – 240 p.
4. Nikolaeva A. A., Krivenkova A. A. Civil liability of commercial corporations as a type of legal liability // Scientific news. – 2022. – No. 27. – P. 265-267. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/grazhdansko-pravovaya-otvetstvennost-kommercheskih-korporatsiy-kak-vid-yuridicheskoy-otvetstvennosti/viewer (date of access: 05/18/2023)
5. Sinitsyn S. A. Tort liability in corporate law // Journal of Russian law. – 2019. – No. 10. – P. 54-68.
6. Shitkina I. S. Corporate law: training course: in 2 volumes / E. G. Afanasyeva, V. A. Vaypan, A. V. Gabov et al.; resp. ed. I. S. Shitkina. – M.: Statut, 2018. – Vol. 2. – 990 p.
CIVIL LAW
DZHALILOV Fuad Igbal ogly
postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
PROTECTION OF THE RIGHTS OF A BONA FIDE ACQUIRER REGARDING THE APPLICATION OF ARTICLE 174.1 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
This article analyzes certain aspects of Article 174.1 of the Civil Code of the Russian Federation on the legal consequences of making deals in violation of the prohibition or restriction of the disposal of property in connection with the right to protection of a bona fide buyer . It is shown that for improving legal relations, there is an urgent need to create a document, which includes deals with property that are prohibited or restricted by law. Also, the characteristics of a bona fide purchaser as defined by judicial practice are revealed. The author also suggests ways to solve the legal gap in the legislation in six ways.
Keywords: bona fide, property, invalidity of legal transaction, property restrictions, risk.
References
1. Sklovsky K. I. The deal and its action (2nd ed.). Commentary on Chapter 9 of the Civil Code of the Russian Federation (concept, types and form of transactions. Invalidity of transactions). M.: Statut, 2015.)
2. Gutnikov O. V. et al. Civil law: textbook / Ed. O. N. Sadikova. M.: CONTRACT : INFRA-M, 2006.
CIVIL LAW
ZHILTSOV Konstantin Alexeevich
postgraduate student of Civil law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
LOSS OF CHANCE IN MEDICAL MALPRACTICE IN GERMAN TORT LAW
This article addresses the issue of medical malpractice torts in German legal doctrine and judicial practice, in particular, the applicability of loss of chance doctrine and feasibility of proportional liability and damages calculated per patient’s lost chances of achieving full recovery.
Keywords: tort law, medical malpractice, loss of chance, proportional liability, causality in tort law.
Bibliographic list
1. Mikhailov V. S. The concept of actual causality and some problems of its application. // VGP. 2018. No. 3. S. 7, 29.
2. Baibak VV Loss of a chance as a type of contractual damages // Bulletin of economic justice of the Russian Federation. 2015. No. 5. P. 63-73.
3. Davtyan A. G., German civil procedural law. Monograph. M., 2000. P. 100.
4. Dondokov A. I. Doctrine of Loss of Chance in English law // Law. 2013. No. 7. P. 150-155.
5. Kozlov I. A. Doctrine of loss of chance: a general description of the concept based on a review of model cases // International Law Journal. 2021. V. 4. No. 5. P. 151-156.
6. Antoci A., Maccioni A. F., Galeotti M., Russu P. Defensive medicine, liability insurance and malpractice litigation in an evolutionary model // Nonlinear Analysis: Real World Applications. 2019. No. 47. Pp. 414-435.
7. Barnes D. W. Statistics as proofs: fundamentals of quantitative evidence. Little Brown & Co., 1983.
8. Bydlinski F. Probleme der Schadensverursachung nach deutschem und österreichischem. Recht, 1964.
9. Carbonneau T. E. The principles of medical and psychiatric liability in French law // International and Comparative Law Quarterly. 1980. No. 29 (4).
10. Ellis L. R. Loss of chance as technique: toeing the line at fifty percent // 72 Texas Law Review. 1993. No. 369. P. 376-77.
11. Feess E. Malpractice liability, technology choice and negative defensive medicine // The European Journal of Health Economics. 2011. No. 13 (2). pp. 157-167.
12. Fleischer H. Schadensersatz für verlorene Chancen im Vertrags- und Deliktsrecht // Juristenzeitung. Zugleich Kölner Habilitationsvortrag, 1999.
13. Giesen D. Arzthaftungsrecht. Mohr Siebeck Verlag, 1995.
14. Graziano T. K. The “Loss of a chance” in European private law: “all or nothing” or partial compensation in cases of uncertainty of causation. Prague: Univerzita Karlowa, 2007.
15. Hanau P. Die Kausalität der pflichtwidrigkeit: eine studie zum problem d. pflichtmäßigen alternativverhaltens im bürgerl. Recht. Göttingen: Otto Schwartz Verlag, 1968.
16. Hodson J. D. Annotation, medical mapraclice.”Loss of chance” causality // 54. American Law Reports. 1987. No. 4 (10).
17. Keren-Paz T. Liability regimes, reputation loss and defensive medicine // Medical Law Review. 2010. No. 18 (3). pp. 363-388.
18. Masch G. Chance and Schaden. Heidelberg: Mohr Siebeck Verlag, 2004.
19. Müller-Stoy W. Schadensersatz fur verlorene Chancen – eine rechtsvergleichende Untersuchung. Freiburg, 1973.
20. Roxin C. Strafrecht, Allgemeiner Teil, Bd. I, 3. Aufl. C. H. Beck Verlag, 1997
21 Schneider, Egon. Beweis und Beweiswuerdigung. Munchen, 1978. P. 134.
22. Stauch M. The Law of medical negligence in England and Germany: A Comparative Analysis. Hart Publishing, 2008.
23. Weber H. Der Kausalitätsbeweis im Zivilprozeß. Tübingen: Mohr Siebeck, 1997. P. 235-239
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
TO THE QUESTION OF DOMAIN NAMES
In the article, the authors define the civil law regulation of domain names. Domain names are considered as objects of subjective rights, which most closely resemble the means of individualization. There is a lack of legal regulation, which leads to a violation of the rights of participants in legal relations. Thus, comprehensive legislative regulation is required. It seems that the most promising direction is the recognition of a domain name as a means of individualization, i.e. an object of intellectual rights, despite the fact that when Part four of the Civil Code of the Russian Federation was adopted in 2006, the legislator rejected this idea.
Keywords: domain names, domain name administrator rights, means of individualization, trademarks, cybersquatting, domain name capture.
References
1. Geyets K. V. Reverse domain name capture in Russian and foreign practice. – Text: electronic // Bulletin of economic justice of the Russian Federation. – 2022. – No. 4. [Electronic resource]. – Access mode: http://www.consultant/main/statia/ru (date of access: 06/23/2023).
2. Smooth E. I. Legal regime of a domain name in Russia and the USA: Legal regime of a domain name in Russia and the USA: dis. cand. legal Sciences: 12.00.03. – M., 2014. – 214 p.
3. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis: monograph. Text: electronic. [Electronic resource]. – Access mode: http://www.consultant/main/statia/ru (date of access: 06/23/2023).
CIVIL LAW
TIKHOV Sergey Mikhaylovich
master’s degree, graduated from the National Research University “High School of Economics”, branch in Saint Petersburg
TRADEMARK DILUTION. SHALL WE EXPAND THE SCOPE OF TRADEMARK HOLDERS’ RIGHTS?
In the case of “famous” trademarks, it is important to preserve their “identity” and to maintain a certain “reputation” associated with such a mark. In a numberof foreign jurisdictions, special remedies based on the doctrine of dilution are available to trademark holders to solve this problem. Despite the fact that the aforementioned problem is also relevant for the Russian market, this category is unknown in Russian law.
This article analyzes the main approaches to the doctrine of dilution in some foreign jurisdictions and examines the mechanisms of Russian law, which are enshrined in legislation or reflected in judicial practice, and which can be used by right holders for protection against “dilution”.
Keywords: intellectual property, trademarks, trademark dilution protection, well-known trademarks.
References
1. Bone R. G. Schechter’s Ideas in Historical Context and Dilution’s Rocky Road / Robert G. Bone // Santa Clara High Technology Law Journal. – 2007. – Vol. 24. – № 3.
2. Airapetov N. A. Protection of a trademark from “blurring” // Actual problems of Russian law. – 2022. – No. 10. – P. 176-182. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&ts=fKNGzlTyG7sVCZos&cacheid=EBB8A70CDB6B36D33F724D09683FF782&mode=splus&rnd=qgoaVA&base=CJI&n=145214& & dst=100019#xePGzlTCD2zFjbvr (accessed 08/01/2023).
3. Vorozhevich A. S. Border of exclusive rights to trademarks. The value of reputation (goodwill) of trademarks // Intellectual property. Industrial property. – 2019. – No. 11. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&ts=xEqQWbTMQ9dWzQ78&cacheid=10C6F4D403D5AF4CFCBFA88DC6A597C7&mode=splus&rnd=wbhKWg&base=CJI&n=12572 5# fCrQWbTeYPrsEUl41 (accessed 08/01/2023).
4. Galifanov G. G., Galifanov R. G. To the question of unfair competition and abuse of the right // IS. Industrial property. – 2018. – No. 1. – S. 17-32. – No. 2. – S. 7-22. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&cacheid=EBB8A70CDB6B36D33F724D09683FF782&mode=fullsplus&SORTTYPE=0&BASENODE=32798-20&ts=RxuE6mTj9fnC1mWV& base= CJI&n=111294&rnd=WwFMvw#6CbR6mTk3goHI3gz1 (accessed 08/01/2023).
5. Kodirov Sh. B. Misunderstanding about the concept of “well-known trademark” // Journal of the Court for Intellectual Property Rights. – June 2020. – No. 2 (28). – S. 104-116. – [Electronic resource]. – Access mode: http://ipcmagazine.ru/trademark-law/misunderstanding-the-notion-of-well-known-trademark (date of access: 07/15/2023).
6. Kozlova N. V., Vorozhevich A. S. Well-known trademarks: the concept and features of legal protection // Law. – 2015. – No. 12. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&cacheid=0CA01215E6AF254B9C5F4DC82D738347&mode=fullsplus&SORTTYPE=0&BASENODE=32798-76&ts=2hDYKgTyfXnVyzKV& base= CJI&n=95289&rnd=qgoaVA#j6SxKgTMDeXC22H11 (accessed 08/01/2023).
7. Pokrovsky I. A. Main problems of civil law. Ed. 3rd, stereotype. – M .: “Statut”, 2001. Classics of Russian civil law). – [Electronic resource]. – Access mode: https://civil.consultant.ru/elib/books/23/ (date of access: 07/24/2027).
8. Vorozhevich A. S., Grin O. S., Korneev V. A. et al. Intellectual property law: textbook / Ed. ed. L. A. Novoselova. – M.: Statut, 2018. – V. 3: Means of individualization – 276 p. – [Electronic resource]. – Access mode: http://www.consultant.ru/edu/student/download_books/book/pravo_intellektualnoj_sobstvennosti_t_3_avtorskoe_pravo (date of access: 08/01/2023).
9. Shcherbatykh V. I. Direct application of Art. 10.bis of the Paris Convention by Russian courts and antimonopoly authorities: a critical look at established practice // Competition Law. – 2021. – No. 1. – P. 17-21. – No. 2. – P. 9-14. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&cacheid=064F3492980016B85555DB10AF3EBD49&mode=fullsplus&SORTTYPE=0&BASENODE=32798-13&ts=RxuE6mTj9fnC1mWV& base= CJI&n=135294&rnd=WwFMvw#276F6mT0oMqHbnxm (accessed 08/01/2023).
CIVIL 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
RODYGIN Roman Alexandrovich
senior lecturer of Criminal law sub-faculty of the Ural Law Institute of the MIA of Russia
MASEYCHUK Yuriy Maratovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE QUESTION OF THE RELATIONSHIP BETWEEN THE CONCEPTS OF “PROPERTY” AND “PROPERTY RIGHT”
In the article, the authors analyzed the concepts of ownership and property rights in a retrospective way, starting from the moment of their origin and evolution in accordance with the development of human society. The relevance of the article is due to the interest of the scientific community in these terms, which, despite their basic location in civil law in general and in property relations in particular, continue to act as objects of research work in the field of civil law relations. The authors, based on the analysis and conclusions, proposed their own definition of the concept of property. The right of ownership is considered from the standpoint of civil legislation and through the prism of its relationship with the concept of property itself.
Keywords: property, property right, intellectual property, right of ownership, right of disposal, right of use, property relations.
References
1. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on July 24, 2023) // ConsultantPlus SPS (accessed on June 29, 2023).
2. Tarkhov V. A., Rybakov V. A. Ownership and right of ownership. 3rd ed., add. – M., 2007. – S. 6.
3. Alekseev S. S., Vasiliev A. S., Golofaev V. V. et al. Commentary on the Civil Code of the Russian Federation (educational and practical). Parts one, two, three, four (item-by-article) / Ed. S. A. Stepanova. 2nd ed., revised. and additional – M.; Yekaterinburg, 2009.
CIVIL LAW
CHEPURKO Artem Vadimovich
master’s degree in law, postgraduate student of the direction “5.1.3. Private law (civilistic) sciences» of the P. A. Stolypin International Institute of Informatization and Public Administration
ABOUT CERTAIN SPECIFICS ASPECTS OF PARTICULAR UNNAMED MEANS OF ENSURING THE FULFILMENT OF OBLIGATIONS IN THE CIVIL LEGISLATION OF RUSSIAN FEDERATION
This article analyzes the law enforcement practice, as well as the legal literature in relation to the settlement of disputes, in which there are means of ensuring the fulfillment of obligations, which are unnamed Russian civil legislation. In particular, such a contractual instrument as “guarantee retention”, which is most often used in connection with the implementation of building contracts, is being researched. The conclusion about the need to give a legal definition of “guarantee retention” has been formulated, as well as a possible formulation has been proposed.
Keywords: civil law, commercial law, arbitration process, obligations, fulfillment of obligations, guarantee retention.
References
1. Akinfeeva V. V. Security deposit as a way to ensure the fulfillment of obligations in Russian civil law // Golubtsov V. G. (scientific ed.). Monograph. – Moscow: Statute, 2019. – P. 168.
2. Anokhin V. S. Abuse of law in arbitration proceedings: theory and judicial practice. // Voronezh. Bulletin of the Voronezh State University. – 2009. – № 2. – P. 96-118.
3. Bogacheva T. V. Application of a security deposit in obligations from a contract agreement: theoretical and practical aspects. Monograph. – Moscow: Actual problems of Russian law, 2021. – P. 11.
4. Truba A. N. Subjective right of retention and the limits of its implementation: dis. // Komissarova E. G. (scientific adviser). // Tyumen. Federal Agency for Education. – 2006. – S. 203.
5. Yakovlev VV Legal systems in modern society. Monograph. – Moscow: Book Laboratory, 2010. – P. 78.
CIVIL LAW
YUKHTANOVA Anastasia Sergeevna
magister student of the O. E. Kutafin Moscow State Law University (MSAL)
OVERCOMING THE MECHANISM OF SUBORDINATION OF CLAIMS IN BANKRUPTCY BY AFFILIATED PERSONS OF THE DEBTOR
The article deals with the mechanism of subordination of claims of persons affiliated with the debtor and cases of its overcoming developed by judicial practice. The author considers subordination in general as a legal institute in bankruptcy, the reasons for its emergence and regulation.
The article analyzes individual cases of refusal to reclassify the creditor’s claims as corporate claims, as well as the non-application of the subordination mechanism to claims arising from affiliated persons against the debtor, in particular, under the loan agreement.
The author proposes criteria for recognizing a loan granted by an affiliate as an ordinary civil law transaction and for including the debt in the third priority of the creditor’s claims register.
Keywords: bankruptcy, affiliated persons, subordination, creditors’ claims, compension financing, bankruptcy creditor, register of creditors’ claims, loan agreement
References
1. Rodina N. V. Subordination of creditors’ claims in the process of insolvency (bankruptcy) of legal entities: monograph. – M., Yustitsinform, 2023. – 89 p.
2. Fedotov DV On the issue of subordination of the claims of affiliated creditors in bankruptcy // Economic justice in the Ural district. – 2018. – No. 4. – P. 203-213.
3. Shaydullin A. I. Subordination of liability claims controlling the debtor and its affiliates in cases of bankruptcy of business entities: dis. … cand. legal Sciences. – M., 2022. – 251 p.
CIVIL LAW
YASTREMSKIY Ivan Anatolievich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
THE JURISDICTION IN CIVIL CASES ARISING FROM CONTRACTS FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE FIELD OF PLASTIC SURGERY
In order to protect violated or disputed rights during the provision of medical services in the field of plastic surgery patients have the right to sue. The medical cases are object of the jurisdiction of the district court. The patients can use the rules of alternative jurisdiction: to state a claim both at the legal address of the medical organization, and at the place of residence. The possibility of choosing a court to claim is an important institution which provides an additional guarantee of judicial protection for patients who have been harmed.
Keywords: jurisdiction, civil law, contracts, medical services, plastic surgery, civil law transactions, clinic, medical organization, patient, medicine, provision of paid services.
References
1. Barbashin M. Yu. Social properties of institutions // Sotsis. – 2018. – No. 2. – P. 25-34.
2. Vysotskaya L. V. Medical organization as a contractor in the contract for the provision of paid medical services // Territory of science. – 2013. – № 3.
3. Zhamkova O. E. Legal regulation of the provision of medical services under the legislation of the Russian Federation: Diss. … cand. legal Sciences. – M., 2007. – P. 125.
4. Kolyada E. V., Leshchenko V. A., Kartashev V. N., Perfilyev A. A., Shcherbina N. N. Analysis of the current legislation on the provision of paid medical services by medical organizations // Baikal Medical Journal. – 2014. – № 2. – P. 137-142.
5. Plotnikova A. V. The concept and legal characteristics of the contract for the provision of medical services // Concept. – 2019. – No. 1 (January).
6. Startsev A. M. The contract for the provision of medical services for compensation: the rights of the patient and the corresponding obligations of the performer // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 6.
CIVIL PROCESS
AVDEEVA Yana Viktorovna
chairman of the judiciary, retired judge of the Arbitration Court of the Tyumen Region
PROBLEMS ON THE WAY OF DEVELOPMENT OF THE INSTITUTION OF RECONCILIATION OF THE PARTIES IN THE COURT JUSTICE ON THE EXAMPLE OF A CONFLICT OF LEGAL NORMS
This article aims to illustrate a situation in which the presence of a contradiction in a specific legal norm enshrined in the Tax Code of the Russian Federation, hints the development of such a promising direction in the evolution of justice (in the context of a special type of state activity in the general mechanism of law enforcement) as the widespread introduction of various methods of peaceful settlement of disputes.
Keywords: justice, basis and procedure for the return of the state fee, the institution of reconciliation of the parties, the effectiveness of legal proceedings, the reduction of conflict in society.
References
1. Poluyaktov A. Reconciliation of the parties in arbitration and civil proceedings // Arbiter. and civil process. – 2006. – № 5. – S. 6.
2. Kuznetsov P. Settlement agreement in substantive law // Volotovsky.rf. 2022. – No. b / n. [Electronic resource]. – Access mode: https://xn--b1aasedeuba5ai.xn--p1ai/blog/mirovoe-soglashenie-v-materialnom-prave. (date of access: 10.07.2023).
3. Tax Code of the Russian Federation (Part One): dated July 31, 1998 No. 146-FZ (as amended on July 14, 2023) // Collection of Legislation of the Russian Federation – 1998. – No. 31. – Art. 3824.
4. Federal Law No. 198-FZ of July 26, 2019 (as amended on July 26, 2019) “On Amendments to Article 333.40 of Part Two of the Tax Code of the Russian Federation in Connection with the Improvement of Conciliation Procedures” // Collected Legislation of the Russian Federation – 2019. – No. 30. – Art. 4100.
5. Arbitration Procedure Code of the Russian Federation: dated 2407.2002 No. 95-Federal Law (as amended on April 21, 2023) // Collection of Legislation of the Russian Federation. – 2002. – No. 30. – Art. 3012.
CIVIL PROCESS
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SERGEEV Roman Borisovich
postgraduate student of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
DEVELOPMENT OF DIGITALIZATION OF CIVIL LAW IN THE MODERN WORLD
The article is dedicated to the theoretical and practical aspects of the process of digitalization of the sphere of civil law in the global aspect. It analyzes the key problems and directions of digitalization of the sphere of civil law. It is revealed that the intrusion of public authorities into the process of private relations and the mechanism of their implementation acts as ineffective legal actions.
Keywords: civil law, digital transformation, digitalization, legal relations.
References
1. Kartskhiya A. A. Digital transformation of law // Law enforcement monitoring. – 2019. – No. 2 (43). – P. 25-29.
2. Konobeevskaya I. M. Development of the concept of digital rights in Russian civil law // Legal Science. – 2020. – No. 2. – S. 70-74.
3. Poryvaeva O. V. Some aspects of the impact of digitalization on civil law // Russian Journal of Law. – 2020. – No. 3. – P. 60-62.
4. Kupchina E. V. Digital evidence in international commercial arbitration on intellectual disputes // Eurasian Law Journal. – 2022. – No. 10 (173). – S. 56-58. – EDN KKYRFJ.
CIVIL PROCESS
KOTOV Ivan Andreevich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Russian University of Peoples’ Friendship
BASHILOV Boris Igorevich
Ph.D. of Law, senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Russian University of Peoples’ Friendship
RECOVERY OF COURT PENALTIES AGAINST PUBLIC ENTITIES
This article discusses the problem of recovery of judicial penalty (astrenth) from state authorities, local self-government and officials for failure to implement a judicial decision on the basis of legal positions of the Supreme Court of the Russian Federation. The authors draw conclusions about the possibility of recovery of court penalties from public legal entities only in cases considered by chapter 24 of the Arbitration Procedural Code of the Russian Federation.
Keywords: judicial penalty, astrenth, coercive measure, public body, execution of the judicial act.
References
1. Godeme E. General theory of obligations / Per. from French ed. I. B. Novitsky. – M.: Yurid. Publishing House of the Ministry of Justice of the USSR, 1948. – 511 p.
2. Danilenkov A.V. Judicial forfeit (astrent) and other public-private methods of enforcement of a court decision // ATP ConsultantPlus.
3. Krasnova S. A. Overcompensatory protection in Russian civil law: forms and limits // Bulletin of economic justice of the Russian Federation. – 2020. – No. 1. – P. 68-110 // SPS ConsultantPlus.
4. Popov S. A. Legal consciousness of participants in enforcement proceedings // Problems of economics and legal practice. – 2015. – № 4. – S. 17-20.
5. UNIDROIT Principles of International Commercial Contracts 2010, Art. 7.2.4. – M.: Statut, 2013. – S. 474.
6. Solovyov A. A. Consideration in the administrative process of claims for compensation for harm: foreign experience // Administrative and municipal law. – 2016. – No. 4. – P. 343-347.
7. Christian Di Mauro, Christelle Coslin. New Italian rules governing financial sanctions for the enforcement of judgments: Similarities and differences with the legal regime in France. // Paris International Judicial Bulletin. [Electronic resource]. – Access mode: http://www.sma-nn.ru/redactor/files/6621637f035b973bc4b08cd3c4bde1d6.pdf (date of access: 11/27/2022).
CIVIL PROCESS
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
ZAITSEV Viktor Vasiljevich
magister student of the 2nd course of the Patrice Lumumba Peoples’ Friendship University of Russia
COURT HEARING IN THE METAVERSE: AN ALTERNATIVE TO ONLINE HEARING OR INTERNET COURT
The rapid development of technologies, processes of digitalization of legal proceedings has a significant impact on the participants in the process and the court, as well as on legislation and the fundamental principles of justice. The main trends in the digitalization of justice are to increase its efficiency and accessibility for the parties to the dispute. The authors of the article explores an actual example of the digitalization of legal proceedings, namely the holding of a court session in the metaverse (virtual reality) by the administrative court of Magdalena (Colombia). The work establishes the legal nature of holding a court hearing in the metaverse by comparing it with an Internet court and holding a court hearing through a web conference. The need to hold a court session in the metaverse, as well as compliance with the trends of the digitalization of justice, is questioned. The article presents preliminary conclusions with a positive and negative assessment of the holding of a court session in the metaverse. The study shows the need for legislative consolidation of additional rights and obligations of participants in the process during a court session in the metaverse. As the main conclusion, it is established that holding a court session in the metaverse should be considered by analogy with holding a court hearing through a web conference (online hearing).
Keywords: court hearing in the metaverse, metaverse, Internet court, online hearing.
References
1. Rusakova E. P., Zaitsev V. V. Digitalization through the principles of legal proceedings (in civil and arbitration proceedings) // Problems of Economics and Legal Practice. 2022. No. 4. P. 105-109.
2. Kuchinskaya E. V. Metaverse as a new economy // Humanitarian scientific journal. 2022. No. 2. P. 129-131.
3. Malashenko G. T., Shestakov D. Yu. National economic security in the era of metauniverses // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2022. No. 3. P. 339-343.
4. Rusakova E. P. The impact of digitalization on civil proceedings in Russia and abroad: the experience of China, India, Singapore, the European Union, the USA, South Africa and some other countries: dis. … d.j.n. 12.00.15; 00/12/03: protected 04/22/2022: approved. 04/27/2022 / Rusakova Ekaterina Petrovna; [Place of defense: Federal State Autonomous Educational Institution of Higher Education “Peoples’ Friendship University of Russia”]. Moscow, 2022. 375 p.
5. Artemyeva Yu. A., Ermakova E. P., Kovyrshina N. A., Rusakova E. P. Methods for resolving disputes in multi-system legal orders. M.: Infotropic Media, 2017. 424 p.
6. Artemyeva Yu. A., Ermakova E. P., Ivanovskaya N. V. et al. Resolution of financial disputes in Asia-Pacific countries: (Australia, Hong Kong, India, Indonesia, China, Malaysia, New Zealand, Singapore, USA, Thailand , Japan). M.: Infotropic Media, 2019. 416 p.
7. 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. – ISBN 978-5-209-11687-5. – EDN HHQICF.
8. Vatoropin A. S., Vatoropin S. A., Teplyakov I. I., Chevtaeva N. G. Metaverse: creation prospects and social consequences // Theory and practice of social development. 2022. No. 4. P. 19-25.
9. Kleandrov M. I. Justice and justice: Monograph. Moscow: Institute of State and Law RAS, 2021. 392 p.
10. Kozhokar I. P. Innovations and innovative activity: legal aspect // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2020. V. 15. No. 3. S. 141-187. – DOI 10.35427/2073-4522-2020-15-3-kozhokar. – EDN PGMOLX.
11. Kuznetsov M. N. Digital agenda of European countries // Eurasian legal journal. 2020. No. 11 (150). C. 41-44.
12. Mamychev A. Yu., Miroshnichenko O. I. Modeling the future of law: problems and contradictions of legal policy in the field of regulatory regulation of artificial intelligence systems and robotic technologies // Legal Policy and Legal Life, 2019. No. 2. P. 125-133 .
13. Rusakova E. P. Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. 2020. No. 9. P. 102-109.
14. Fedorenko S. P. Metaverse and the right to education: theoretical and legal aspect // North Caucasian legal bulletin. 2022. No. 1. P. 60-66.
15. Feldman P. Ya., Mandritsky M. Yu. The State and the Digital Metaverse: Prospects for Coexistence // Social and Humanitarian Knowledge. 2022. P. 129-135.
16. Frolova E. E. Legal regulation of green finance in China: progress and problems of development // Eurasian Law Journal. 2019. No. 7 (134). pp. 103-108. – EDN IJWVFI.
17. Yukhno A. S. Overview of trends in the development of the metaverse market // Bulletin of the Institute of Economics of the Russian Academy of Sciences. 2022. No. 6. P. 108-126.
18. Yukhno A. S., Umarov Kh. S. Prospects for the development of the metaverse: empirical observations. Upravlencheskoe konsul’tirovanie. 2022. No. 10. P. 42-53.
19. Bezbakh V. V., Frolova E. E. Augmented Reality and Civil Law Regulation of Business Relations // Smart Innovation, Systems and Technologies. 2022 Vol. 254. P. 29-37. – DOI 10.1007/978-981-16-4621-8_3. – EDN BZIEMS.
20. Ermakova E. P., Frolova E. E. Using Artificial Intelligence in Dispute Resolution // Smart Innovation, Systems and Technologies. 2022 Vol. 254. P. 131-142. – DOI 10.1007/978-981-16-4621-8_11. – EDN KRVMHR.
21. 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. – EDN JHALBY.
EMPLOYMENT LAW
BOROVCHENKOVA Viktoriya Olegovna
expert at the Center for Labor and Social Security Law of the Faculty of Law of the M. V. Lomonosov Moscow State University
EMPLOYER CONTROL THROUGH TECHNOLOGICAL TOOLS: BALANCING THE LEGITIMATE INTEREST OF THE EMPLOYER AND THE PRIVACY OF EMPLOYEES
The emergence of control through technical means is closely related to the interference in the privacy of employees and the protection of their personal data. In this regard, it is necessary to balance the interests of employers and employees in the implementation of control over the performance of the work function. In the context of employer technical control there is also no legal certainty about the way of legal registration of the process of implementation of this type of control.
Keywords: labor relations, employer control, biometric personal data, methods of exercising employer control.
References
1. Ofman E. M. Observation and control in labor relations: balance of rights and interests of workers and employers // Journal of Russian law. – 2021. – No. 11. – P. 73-87.
2. Filipova I. A. Labor law: challenges of the information society // Law. Journal of the Higher School of Economics. – 2020. – No. 2. – P. 92-105.
3. Chernyshov I. N. Electronic monitoring of productivity: opportunities and threats in the changing world of labor // Labor Economics. – 2022. – Volume 9. No. 1. – P. 23-36.
4. Kalischko T and Riedl R (2021) Electronic Performance Monitoring in the Digital Workplace: Conceptualization, Review of Effects and Moderators, and Future Research Opportunities. front. Psychol. 12:633031. doi:10.3389/fpsyg.2021.633031.
5. Ofman E. M. Transformation of the right of the employer to control the behavior of the employee in the digital economy // Yearbook of Labor Law. – No. 11. – P. 130-145.
EMPLOYMENT LAW
RAKITINA Ekaterina Vasiljevna
Ph.D. in Law, associate professor of the Hulunbuir University, Hailar, Hulunbuir, PRC
PROHIBITION OF COMPETITION IN RUSSIAN LABOR LAW
The employer’s need to prevent possible competition from the employee appeared as a result of the development of labor relations. The legislator does not directly regulate such a situation. The absence of a legal permit to prohibit competition confirms the freedom of labor and freedom of entrepreneurial activity.
The legislator provides several mechanisms at once to prevent competition from the employee, which do not directly restrict the employee’s right to freedom of work. This is the institution of trade secrets; providing an employee with paid leave of considerable duration before subsequent dismissal; labor organization that excludes an employee’s access to exhaustive “dangerous” information. However, each of these options has its drawbacks, which do not allow us to say that there is no need for special regulation of the prohibition of competition.
The key points of the institution of the prohibition of competition should be clear boundaries concerning the subjects, term, territory and scope of the ban. The prohibition of competition should apply only to the top management of the organization. In organizations pursuing public interests, the prohibition of competition should not be applied. Other conditions of the prohibition of competition should allow a certain freedom of the parties in their establishment, within the existing legislative framework.
Keywords: prohibition of competition; employee; employer; employment contract; non-competition agreement; trade secret.
References
1. Obukhova E. V. Restrictive conditions in labor contracts // Law. Journal of the Higher School of Economics. – 2016. – No. 2. – P. 27-35.
2. Zavgorodniy A. V. Agreement on non-competition with employees (foreignexperience) // Petersburg lawyer. – 2016. – No. 3. – P. 73-81.
3. Lipkovskaya VV Foreign experience in the application of the non-competition agreement // Labor law in Russia and abroad. – 2010. – № 2. – P. 41-46.
4. Chudinov O. R. Non-competition clause as a condition of an employment contract in accordance with French law // Uchenye zapiski Oryol State University. Series: Humanities and social sciences. – 2015. – No. 1 (64). – P. 275-279.
5. Savvina P. V. Agreements on the prohibition of competition in labor law: the experience of the Czech Republic and Russian reality // Labor and social relations. – 2016. – No. 3. – P. 162-172.
6. Lyutov N. L. Dismissal payments and non-competition agreements with executives // Lex Russica. – 2017. – No. 10 (131). – P. 123-130.
7. Akhmetyanov DV Agreements on non-competition: problems of theory and practice // Theoretical and applied jurisprudence. – 2022. – No. 2 (12). – P. 39-49.
EMPLOYMENT LAW
STUPNITSKY Alexander Evgenjevich
Ph.D. in Law, associate professor, associate professor of Civil and business law sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
KOSTYUCHENKO Mariya Andreevna
Ph.D. in Law, associate professor of Civil and business law sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
SIGNS OF LABOR RELATIONS: FEATURES OF APPLICATION FOR DELINEATION FROM CIVIL LAW RELATIONS
The article analyzes the signs characterizing labor relations, their division into groups is carried out depending on the sources of allocation, content, theoretical and applied directions of use. On the basis of normative legal acts, judicial practice, scientific research, the authors distinguish legal, formal, search and doctrinal signs of labor relations. Consideration of these features is carried out in the context of the problem of differentiation of labor and civil law relations.
Keywords: labor relations, civil law relations, labor contract, civil law contract, signs of labor relations.
References
1. Papysheva E.S. The problem of discrimination when labor relations are replaced by civil law // Gaps in Russian legislation. 2019. No. 5. P. 61-64.
2. Sonin O. E., Elkina A. S. Influence of the system of civil law contracts on the recognition of labor relations based on civil law contracts // Uchenye zapiski Crimean Federal University. Legal Sciences. – 2020. – V. 6 (72). No. 3. P. 105-111.
3. Big encyclopedic dictionary / Ch. ed. A. M. Prokhorov; 2nd ed., revised. and additional – Moscow: Scientific publishing house “Great Russian Encyclopedia”; St. Petersburg: Norint, 1997. – 1456 p.
4. Kuznetsov I. S. Real tax optimization. – St. Petersburg: Biont, 2017. – 240 p.
5. Kirillova P. D. Topical issues of law enforcement practice of recognizing civil law relations as labor relations // StudArctic Forum. – 2022. – V. 7. No. 3. – S. 45-51.
6. Drachuk M. A. Once again to the issue of formalizing labor relations with civil law contracts // Bulletin of the Omsk University. Series “Right”. – 2016. – No. 1 (46). P. 166-174.
FINANCIAL 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, Honored lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
SOME ASPECTS OF TAX CONTROL IN THE SPHERE OF LEGAL RELATIONS WITH DIGITAL FINANCIAL ASSETS
The article attempts to conduct a scientific study of theoretical aspects and problems of legal implementation of legal relations in the field of tax control of transactions with digital financial assets in accordance with the provisions of Federal Law No. 259-FZ dated 07/31/2020 “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” and Federal Law No. 07/14/2022 324-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation”. Based on the analysis, the features of taxation of transactions with digital financial assets and some aspects of tax control in this area are identified. The authors have developed proposals for improving tax legal relations in the field of tax control of transactions with digital financial assets.
Keywords: tax legal relations; tax control; digital financial assets; tokens.
Reference list
1. Evsikova E. V., Staritsyn A. V. Some aspects of legal regulation of digital financial assets in the Russian Federation // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2022. – T. 8 (74). – № 2. – P. 143-155.
2. Aryamov A. A., Gracheva Yu. V., Chuchaev A. I., Malikov S. V., Olkov S. G. Taxation of the turnover of digital assets // Asia-Pacific region: economics, politics, law. – 2019. – No. 1. – P. 96-129.
3. Aryamov A. A., Gracheva Yu. V., Chuchaev A. I., Malikov S. V. To the question of the legal nature of digital resources // Bulletin of the South Ural State University. Episode 6 Law. – 2019. – T. 19. No. 1. – P. 77-86.
4. Titorenko S. K. Legal regulation of taxation of income of individuals on operations with digital financial assets // Legal Research. – 2023. – No. 4. DOI: 10.25136/24097136.2023.4.40507 EDN: QTHVPH. [Electronic resource]. – Access mode: https://nbpublish.com’Hbrary_read_article.php?id=40507.
5. Aryamov A. A. Regulation of digital legal relations // Russian justice. – 2022. – No. S1. – P. 16-30.
6. Evsikova E. V., Buts S. B. Some aspects of improving the legal regulation of digital financial assets // Eurasian Law Journal. – 2022. – No. 6 (169). – P. 228-231.
7. Formation and development of branches of law in the historical and modern legal reality of Russia: In 12 volumes / O. N. Gorbunova, R. L. Khachaturov, H. V. Peshkova Belogortseva [and others]. Volume IV. – Moscow: Yurlitinform Publishing House, 2021. – 584 p.
FINANCIAL LAW
KOTIK Anastasia Olegovna
bachelor of the Far Eastern Federal University
BASENKO Denis Viktorovich
bachelor of the Far Eastern Federal University
TUROV Stepan Evgenjevich
magister student of the Far Eastern Federal University
KIRILYUK Anton Vitaljevich
magister student of the Far Eastern Federal University
VINOGRADOVA Sofya Alexeevna
magister student of the Far Eastern Federal University
CRYPTOCURRENCY: THE GOLD RUSH OF THE 21ST CENTURY
Cryptocurrencies appeared as a breakthrough technological innovation in the 21st century, capturing the global financial landscape. This article is dedicated to the phenomenon of cryptocurrencies, exploring their historical context, underlying technologies, economic consequences, regulatory issues and potential future trajectories. Drawing parallels with historical “gold rushes”, we analyze the impact of the “cryptocurrency fever” on society, exploring its similarities and differences from previous financial revolutions.
Keywords: cryptocurrency, digital gold, blockchain technology, decentralization, regulation, economic consequences, social impact, investor psychology, market dynamics, technological innovations, environmental considerations, global adaptation, cultural changes, geopolitical consequences .
References
1. Afonasova M. A. System transformation and blockchain technology in the field of public administration // Proceedings of the XXII International Scientific and Practical Conference “System Analysis in Design and Management”.
2. “What is the cryptocurrency market today and what to expect in the future.” [Electronic resource]. – Access mode: https://nicechange.net/news/rynok-kriptovaljut-perspektivy-i-razvitie-vbuducshem.html
3. What are bitcoins and is it possible to earn on them. [Electronic resource]. – Access mode: https://journal.tinkoff.ru/bitcoin/
4. Lyasnikov N. V., Burkaltseva D. D. Formation of the digital economy in Russia: problems of development of management systems // Economics and society: modern models of development. – 2019. – V. 9. No. 3 (25). – P. 28-47.
5. Pavlova I. V., Moiseev V. O., Gusarova I. A. Competitiveness of the economy as a factor of economic growth in the context of globalization. Finansovaya ekonomika. – 2019. – No. 11. – P. 373-377.
TAX LAW
SOLOVYOVA Natalya Albertovna
legal adviser, “Almaz – Antey” Air and Space Defense Corporation”, Joint Stock Company
LEGAL ANALYSIS OF ECONOMIC SANCTIONS AND ANTI-SANCTIONS MEASURES AGAINST THE RUSSIAN FEDERATION IN 2014 AND 2022
The article is devoted to the study and comparison of economic sanctions imposed on the Russian Federation by unfriendly countries in 2014 and 2022 and used by the legislator to reduce the negative impact of sanctions of anti-sanctions tax measures as tools affecting the country’s economy. An assessment of the problems that arose during the practical implementation of anti-sanction tax measures at the regional level in the Russian Federation was carried out, in connection with which an author’s solution to these problems was proposed in the form of establishing requirements at the federal level for obtaining tax benefits with the right to reduce requirements at the regional level by adopting a regulatory act taking into account the specifics of the subject of the Russian Federation and the role of the regulatory the functions of taxes under the conditions of economic sanctions.
Keywords: sanctions, anti-sanctions measures, regulatory function of taxes, taxes.
References
1. Abdulkadyrov A.S. Seven years later: a retrospective analysis of the impact of sanctions on the sectors of the national economy of Russia // Industrial Economics. – 2021. – No. 2. – P. 29.
2. Gordeeva O. V. Principles of effective tax regulation // Taxes. – 2022. – No. 1. – P. 15.
3. Derbeneva V. V. Tax measures to support the IT sector under sanctions as a condition for the innovative development of territories // Bulletin of the Academy of Knowledge. – 2022. – No. 52 (5). – P. 358.
4. Ershova E. A., Chernousova K. S. Tax holidays in Russia: opportunities and reality // Bulletin of science and education. – 2019. – No. 9-3 (63). – P. 26.
5. Zhigunova E. N. The content of tax regulation and its main instruments // Vestnik RUK. – 2014. – No. 1 (15). – P. 44.
6. Industriev M. A., Tumanyan Yu. R. Economic sanctions against Russia: benefits and costs // Vector of Economics. – 2022. – No. 4 (70).
7. Kapustin A. Ya. UN sanctions: international legal conceptualization of coercive measures // Journal of Foreign Legislation and Comparative Law. – 2018. – T. 4. – No. 6. – P. 85.
8. Kurdyukov G. I. Correlation of responsibility and sanctions in international law: doctrinal approaches // Journal of Russian law. – 2014. – No. 9. – P. 103.
9. Sinelnikov-Murylev S. G., Milogolov N. S., Belev S. G. Tax policy under sanctions // Economic development of Russia. – 2022. – T. 29. – No. 9. – P. 42.
10. Forostova M. V. Improving the methods of tax regulation of investment activities of small industrial enterprises: Abstract of the thesis. dis. cand. economy Sciences. – Chelyabinsk, 2014. – P. 25.
11. Shitova T. V., Leshkova A. I., Chebakova V. I. Legal nature of international sanctions // Epoch of Science. – 2018. – No. 16. – P. 92.
TAX LAW
BOGUSLAVSKAYA Natalya Aronovna
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice
FEATURES OF ESTABLISHING AND INTRODUCING TAXES AND FEES IN THE FEDERAL TERRITORY “SIRIUS”
The article discusses the current provisions of tax legislation governing the features of the establishment and introduction of taxes and fees in the federal territory “Sirius”, the problem of establishing a sales tax and possible solutions to it is identified, the author proposes a classification of taxes and fees that can be established in this territory, proposed directions for improving tax legislation in relation to the federal territory “Sirius”.
Keywords: federal territory “Sirius”, federal taxes and fees, regional taxes, local taxes and fees, establishment and introduction of taxes, fees.
References
1. Vasilyeva N.V., Praskova S.V., Pyatkovskaya Yu.V. Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation // Law enforcement. – 2021. – V. 5. – No. 1. – P. 124-140.
2. Nikitina A. V., Kalenov S. E. Federal territory as a subject of civil law: problems of legal regulation // Eurasian legal journal. – 2022. – No. 10 (173). – P. 216-218.
3. Kolosov N. V. Budget powers of public authorities of the federal territory “Sirius” // Transformation of public power in the new constitutional cycle: materials of the international scientific and practical conference, Irkutsk, September 23, 2021 / Ed. ed. E. M. Yakimova, S. N. Slobodchikova. – Irkutsk: Ed. BSU house. – P. 35-38.
4. Maiboroda V. A. Features of regulation of urban planning activities in the federal territory “Sirius” // Theoretical and applied jurisprudence. – 2021. – No. 4 (10). – P. 15-20.
5. Pichkanin V. Ya. Federal territory in the Russian Federation as a new element in the system of tax federalism // Taxes and financial law. – 2023. – No. 2. – P. 147-152.
TAX LAW
SERGEEVA Kseniya Alekseevna
student of the Law School of the Far EasternFederal University
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
TAXATION OF TRANSACTIONS WITH DIGITAL ROUBLE: INTEGRATION OF THE LATEST TECHNOLOGIES INTO TAX REGULATION AND TAX CONTROL
Digitalisation, which penetrates daily into all spheres of society, creates the need to introduce new institutions and technologies into the regulatory and legal system. In this paper, the authors will consider the implementation of recent innovations in the aspect of tax regulation from the point of view of the changes proposed by the initiators of the draft law No. 384598-8. The concept of “digital ruble” in relation to other forms of money existing in the Russian Federation is analyzed. The conclusion is made about the large-scale nature of the occurred and necessary changes in tax legislation.
Keywords: digital ruble, taxation, digitalisation, Bank of Russia, digital ruble platform operator.
References
1. Sarnakova A. V., Zhizhin N. S. Questions of correlation of non-cash funds, electronic money and digital ruble // Lawyer. – 2022. – No. 5. – P. 26-33.
2. Khavanova I. Digital ruble. Now in the Tax Code of the Russian Federation? // EJ-Accountant. – 2023. – No. 25. – P. 5.
3. Maslennikov V. V. Digital currencies: conceptualization of risks and possibilities of regulation / V. V. Maslennikov, A. V. Larionov // World of new economy. – 2021. – T. 15. No. 4. – S. 16-28.
TAX LAW
SOLOVYOVA Natalya Albertovna
legal adviser, “Almaz – Antey” Air and Space Defense Corporation”, Joint Stock Company
THE EXPERIENCE OF IMPLEMENTING THE REGULATORY FUNCTION OF THE TAX IN THE CONTEXT OF ECONOMIC SANCTIONS ON THE EXAMPLE OF THE ISLAMIC REPUBLIC OF IRAN
The article analyzes the experience of anti-sanctions tax regulation carried out in the Islamic Republic of Iran, as the longest time subject to economic sanctions imposed by Western countries. The main direction of the research is to identify the instruments of tax regulation of the economy in the anti-sanctions experience of Iran in order to apply the most successful of them in the Russian Federation. The choice of the country to conduct the analysis, in addition to Iran’s more than forty years of experience in the fight against sanctions, is due to the similarity of the economic situation in Iran with the economic situation in the Russian Federation. In the course of the study, it was concluded that the regulatory function of taxes should prevail over the fiscal one during the period of economic sanctions, and the most relevant for the Russian Federation to implement Iran’s experience in tax regulation of the economy under sanctions were proposed.
Keywords: sanctions, anti-sanctions measures, regulatory function of taxes, Islamic Republic of Iran, Iran, economic sanctions, taxes, instruments of tax regulation, special economic zones.
References
1. Ghanem M. The role of small business in the development of the Syrian economy // Postgraduate student. – 2018. – No. 3 (40). – P. 42.
2. Zernova L. E., Farzanian M. On some aspects of import substitution policy in Russia and Iran // Collection of scientific. Tr.: to the 110th anniversary of Professor Teodor Borisovich Polyak. – M., 2021. – S. 74.
3. Zvonova E. A. Preservation of the international competitiveness of the national economy of the country – the object of economic sanctions (the experience of Iran) // Economics. Taxes. Right. – 2017. – No. 2. – S. 30.
4. Lazovsky S. O. The economic situation in Iran under the conditions of American sanctions // Analysis and forecast. – 2020. – No. 1. – P. 81.
5. Mamedova N. M. The situation in Iran in the light of new sanctions // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of Russia: Russia and the world. – 2020. – No. 2 (24). – S. 159.
6. Ostrovsky A. China: Special economic zones — a successful socio-economic project // Chelovek i trud. – 2022. – No. 6. – S. 22.
7. Schensnovich V. N. Iran under new US sanctions. (Analytical review) // Russia and the Muslim world. – 2021. – No. 4 (322). – S. 86.
8. Aleksic M. Socijalna dezintegrativni procesi u zemljama tranzicije. – Beograd: Inst. drustv. Science. – 1998. – P. 177.
9. Ebril L. The Allure of the Value Added Tax // Finance & Development. – 2020. – Vol. 39. – № 2.
10.IMF. World Economic Outlook. October 2021. Statistical Appendix. – P. 189.
BUSINESS LAW
CHETVERGOV Dmitriy Sergeevich
master of laws of the Faculty of Law of the M. V. Lomonosov Moscow State University
CONCLUSION OF A RETAIL SALE CONTRACT ON THE INTERNET IN THE PRC AND RUSSIA
In recent years, digital technologies have given rise to a vast e-commerce sector, which is expanding every year. Furthermore, the emergence of electronic commerce has generated several legal issues, including determining when a contract is concluded on the Internet. Using the example of two countries – Russia– the rapidly developing e-commerce market, and China – the world leader in electronic commerce – this article explores the problems related to contract conclusion on the Internet in order to determine whether a legal regulation of contract conclusion is the optimal option.
Keywords: e-commerce, contact conclusion, offer, acceptance, consumer protection, China.
Bibliography by article
1. Demin A. A. The mechanism of civil law regulation of the emergence of contractual obligations in the digital environment // Civilist. – 2023. – No. 2. – P. 15-20.
2. Kirpichev A.E. Cancellation of an order by an online store // Law. – 2020. – No. 2. – pp. 171-177.
3. Savelyev AI Electronic commerce in Russia and abroad: legal regulation. 2nd ed. – Moscow, 2016 // SPS ConsultantPlus.
4. Xue Jun. Analysis of the Creation of Electronic Contracts, Faculty of Law, Peking University; E-Commerce Law Research Center of Peking University].
5. 2018年第12期 [Wei Liang. The time of establishing an online purchase agreement: an empirical study, existing legislation and a conditional position // Social sciences. – 2018. – No. 12. – pp. 90-98].
LAND LAW
PERELEHOVA TATYANA SERGEEVNA
magister student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ERMOLINA MARINA ANATOLYEVNA
Ph.D. in Law, associate Professor, Higher School of Law and Forensic Technical Expertise, Institute for the Humanities of the Peter the Great St. Petersburg Polytechnic University
PROBLEMS OF LEGAL REGULATION OF PROVISION OF PLOTS FROM FOREST FUND LAND FOR THE PURPOSES OF SUBSOIL USE
The article analyzes the norms of forest, land and mining legislation, concludes that the imperfection of legal regulation in this area of allotment of forest plots for the purposes of subsurface use. By analyzing judicial practice and applying the formal legal method, the absence of a clear and consistent procedure for the allocation of a forest plot for subsurface use is revealed. It is proposed to formalize the right to land over the subsoil simultaneously with the issuance of a license and a number of other changes in order to improve legal regulation in this area.
Keywords: land allotment, mining allotment, land plot, subsurface use, forest plots, forest development project, public easement, mining enterprise, lease of a forest plot, forest management works.
Reference list
1. Shaykhulina M. V. Legal aspects and peculiarities of granting land plots for the development of minerals // Young scientist. – 2019. – No. 4 (242). — P. 343-346.
2. Lunyashin P. D. Problems of gold miners in land use in subsoil use // Zoloto i tekhnologii. – 2020. – No. 1 (47). — P. 40-46.
3. Vershinin VV, Sangadzhieva KV Land allocation for state needs: legal mechanisms and practice // Law and management. – 2023. – No. 1. – S. 334-341.
4. Vdovenko A. V., Markov V. A. Features of granting forest plots for rent without bidding for subsoil use purposes in the Khabarovsk Territory. Bulletin of the Perm State University. Sholom Aleichem. – 2019. – No. 4 (37). – P. 77.
5. Evtushkova E. P. Improving the procedure for allocating a land plot from the lands of the forest fund for subsoil use // International agricultural journal. – 2023. – No. 1. – P. 87-112.
CRIMINAL LAW
ABYZOVA Evgeniya Ravilyevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
PROBLEMS OF QUALIFICATION AND CRIMINAL LEGAL ASSESSMENT OF BRINGING MINORS TO SUICIDE USING INFORMATION AND TELECOMMUNICATION NETWORKS
The article presents an analysis of the resonant problem associated with the suicide of minors through information and telecommunication networks. The relevance of the problem from a legal point of view lies in the imperfection of legal mechanisms for its solution, technical aspects of collecting evidence. The legal regulation of the areas adjacent to this problem and the ways to solve it are considered.
Keywords: death groups; driving minors to suicide; use of social networks; causes of suicide of minors; suicidal information.
References
1. The Krasnoyarsk prosecutor’s office demanded a ban on “groups of death”. [Electronic pecypc]. – Access mode: https://krasnoyarsk.bezformata.com/listnews/prokuratura-potrebovala-zapretit-gruppi/55365650/?ysclid=/a2p5a55rd763966520.
2. Kovaleva A. V. Problems of regulation of bringing to suicide // Young scientist. 2021. No. 49 (391). pp. 201-204.
3. Konovalova Yu. A. Bringing minors to suicide using information and telecommunication technologies // Young scientist. 2022. No. 45 (440). pp. 138-140.
4. Clause 13 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 04.12.2014 No. 16 “On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual.”
CRIMINAL LAW
GAZIZOV Timur Irshatovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TOPICAL ISSUES ON THE DETECTION OF THE CRIME OF ILLEGAL EXTRACTION OF SAND AND GRAVEL MIXTURE
The choice of this topic is due to the urgency of the problem of illegal extraction of sand-gravel mixture in the Russian Federation. Illegal mining is a serious environmental and economic crime affecting natural resources and the environment. The study of this topic will reveal the main causes and mechanisms of illegal mining, as well as suggest effective measures to combat this phenomenon.
Keywords: illegal mining, sand-gravel mixture, environmental crime, economic crime, natural resources.
References
1. Bagmet A. M. Controversial issues of qualification of illegal mining and their resolution in judicial practice / A. M. Bagmet, A. L. Ivanov // Russian judge. – 2020. – No. 7. – P. 15-19.
2. Kondrashova T. V. Some issues of criminal liability for illegal business / T. V. Kondrashova // Russian Journal of Law. – 2019. – No. 1. – S. 202-206.
3. Popov I. Unlicensed (unauthorized) mining as a violation of the rules for the protection and use of subsoil (Article 255 of the Criminal Code of the Russian Federation) / I. Popov // Criminal Law. – 2020. – No. 4. – P. 31-34.
4. Khilyuta VV The concept and signs of embezzlement in criminal law / VV Khilyuta. – M., 2020. – 245 p.
CRIMINAL LAW
ZAKAZNOVA Alevtina Nikolaevna
senior lecturer of Criminal law sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
FOREIGN EXPERIENCE IN PREVENTING VIOLENT CRIMES AGAINST MILITARY SERVICE (USING THE EXAMPLE OF THE ISRAEL DEFENSE FORCES)
The article examines the experience of preventing violent crimes against military service in the Israel Defense Forces. To study the experience of preventing violent crimes against military service, such factors were taken into account as: the number, the form of recruitment (exclusively subscription, exclusively volunteer, mixed); features of gender policy in the formation of the armed forces (the presence or absence of conscription of women for military service, the presence or absence of women in combat units; joint or separate service by men and women).
Keywords: violent crimes, army, Israel, prevention.
References
1. Morev M. V., Shabunova A. A., Gulin K. A. Socio-economic and demographic aspects of suicidal behavior / Ed. Doctor of Economics, prof. V. A. Ilyina. – Vologda: Institute of Socio-Economic Development of Territories of the Russian Academy of Sciences, 2010.
2. Shestak V. A. Foreign experience in countering the offenses of military personnel // Military legal journal. – 2013. – No. 6. – P. 12-26.
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 Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
INDICATORS OF CRIMINAL LIABILITY FOR NON-PROVISION OF ASSISTANCE TO A PATIENT BY MEDICAL STAFF
The vast majority of the crimes that are committed by medical workers are designed with a careless form of guilt in theform of negligence or frivolity. Medical staff, in accordance with the law, have the right to carry out medical activities and are professionally obliged to provide medical care to the patient. The current criminal law provides for legal liability for failure to provide assistance to a patient. The actions of a medical worker will be considered improper if he does not comply with the requirements of the standard of treatment or emergency medical care, or surgical intervention.
Keywords: criminal liability, medical care, medical personnel, failure to provide assistance to the patient, evaluation indicators.
References
1. Federal Law No. 323-FZ of November 21, 2011 (as amended on December 28, 2022) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (as amended and supplemented, effective from March 1, 2023).
2. Federal Law No. 323-FZ of November 21, 2011 (as amended on December 28, 2022) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (as amended and supplemented, effective from March 1, 2023).
3. Shchetinina N. V. Failure to provide assistance to the patient: criminal law characteristics and qualification issues // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (81). – S. 144.
4. Nagornaya I. I. Criminal liability for professional crimes of medical workers: a new approach // Russian legal journal. – 2021. – No. 1. – P. 148.
5. Boeva O. Yu., Idrisova S. F. Medical worker as a subject of professional crime // Problems of expertise in medicine. – 2009. – No. 09 (36-4). – P. 4-6.
6. Rotkov A. I., Chuprova A. Yu. Improper performance by a medical worker of his professional duties as a sign of a crime under part 2 of article 109 of the Criminal Code of the Russian Federation // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (44). – S. 277.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor, professor of Prosecutor’s supervision for observance of laws in the ATC 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
THE CONCEPT AND TYPES OF CRIMES COMMITTED USING A MOBILE PHONE
Phone calls and text messages account for the largest share of mobile data usage. In particular, the digital footprints left by a large number of mobile devices provide important information that contributes to a deeper understanding of human behavior. Mobile phone data contains significant space-time and communication information. They can be used for various purposes, including being used by criminals. The totality of such criminal manifestations is usually called cybercrime. The science of criminology and criminal law explores these phenomena. The author provides a description and classification of crimes committed using a mobile phone.
Keywords: crime, tool, means, warning, criminal liability.
References
1. Decree of the Plenum of the Supreme Court of the Russian Federation of December 15, 2022 No. 37 “On some issues of judicial practice in criminal cases on crimes in the field of computer information, as well as other crimes committed using electronic or information and telecommunication networks, including the Internet”.
2. Rassolov I. M. Cybercrime: concept, main features, forms of manifestation // Legal world. – 2008. – № 2. – S. 44-46.
3. Russkevich E. A. International legal approaches to countering crimes committed with the use of information and communication technologies // International criminal law and international justice. – 2018. – No. 3. – S. 10-13.
4. Truntsevsky Yu. V. Cybercrimes and cybersecurity: the concept and modern threats // Business security. – 2017. – No. 4. – S. 28-39.
CRIMINAL LAW
RODYGIN Roman Aleksandrovich
senior lecturer of Criminal law sub-faculty of the Ural Law Institute of the MIA of Russia
MASHLYAKEVICH Vyacheslav Andreevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
MIRKHAYDAROVA Mariya Yurjevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOME ELEMENTS OF THE CRIMINAL-LEGAL CHARACTERISTICS OF ROBBERY AND ITS DIFFERENTIATION FROM RELATED COMPOUNDS
In the article, the authors consider certain aspects of the criminal-legal characteristics of robberies. Based on the regulatory frameworkk and the practice of law enforcement agencies, as well as judicial practice, recommendations are proposed to improve the effectiveness of qualification activities and to counteract the open theft of other people’s property. The criminal-legal characteristics of robberies are given on the basis of its relevance due to the need to distinguish this type of encroachment on property from other forms of theft and encroachment on property.
Keywords: criminal and legal characteristics of crimes, differentiation of robbery from related crimes, open theft of someone else’s property, the subject of criminal encroachment.
References
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on April 28, 2023) // ConsultantPlus SPS (Accessed on May 29, 2023).
2. Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 (as amended on December 15, 2022) “On judicial practice in cases of theft, robbery and robbery” // SPS “ConsultantPlus” (accessed on May 29, 2023).< br /> 3. The 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) // Consultant Plus SPS (date of access: May 29, 2023).
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
ILLEGAL IMPLEMENTATION OF ACTIVITIES FOR THE RETURN OF OVERDUE DEBTS OF INDIVIDUALS: INDIVIDUAL QUALIFICATION ISSUES
The article analyzes the issues of qualification of a crime under Article 172.4 of the Criminal Code of the Russian Federation, according to which criminal liability for illegal actions in the return of overdue debts of individuals is established from 10.07.2023. Some aspects of the object and objective side of such criminal encroachment are considered. Taking into account the provisions of industry legislation, the content of illegal actions under Article 172.4 of the Criminal Code of the Russian Federation, as well as their relationship with extortion and arbitrariness, is determined.
Keywords: crime, sphere of economic activity, repayment of overdue debts, extortion, arbitrariness, qualification, criminal liability.
References
1. Analysis of trends in the retail lending segment based on data from credit bureaus. Information and analytical material. – Moscow, 2023. – – [Electronic resource]. – Access mode: cbr.ru›analytics/finstab/bki/ (date of access: 07/12/2023).
2. Final report on the results of the activities of the Federal Bailiff Service in 2022 – [Electronic resource]. – Access mode: https://fssp.gov.ru/deals/otchet_doklad_9/2837777 (date of access: 07/12/2023).
3. Stupina S. A. To the question of the object of extortion // Eurasian legal journal. – 2021. – No. 2 (153). – P. 260-261.
4. Vybornova E. S. The economic content of the civil law contract // Bulletin of the Saratov State Law Academy. – 2012. – No. 3 (85). – P. 145-149.
CRIMINAL LAW
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
PROBLEMS OF APPLICATION OF THE DEATH PENALTY IN MODERN RUSSIA
The article examines the problematic issues of the death penalty as a type of criminal punishment in legislation. As well as consideration of the application of the death penalty in modern practice in various countries of the world, their methods and methods of applying this type of punishment. The author of the article analyzes the problem of the attitude of society and the state to the resumption of the use of the death penalty. The conclusion is substantiated that it is worth striving for humanization and imposing the death penalty only in exceptional.
Keywords: death penalty, state, criminal punishment, crime, society.
References
1. Constitution of the Kingdom of Norway. [Electronic resource]. – Access mode: https://legalns.com/download/books/cons/norway.pdf (accessed 24.06.2023).
2. Decree of the President of the Russian Federation of May 16, 1996 No. 724 “On the phased reduction in the use of the death penalty in connection with Russia’s entry into the Council of Europe.” – Access from legal help system Consultant Plus.
3. Decree of the Constitutional Court of the Russian Federation of 02.02.1999 No. 3-P “On the case of checking the constitutionality of the provisions of Article 41 and part three of Article 42 of the Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the Decree of the Supreme Council of the Russian Federation of July 16, 1993 “On the procedure for enacting the Law of the Russian Federation” On introducing amendments and additions to the Law of the RSFSR “On the judiciary of the RSFSR”, the Code of Criminal Procedure of the RSFSR, the Criminal Code of the RSFSR and Code of the RSFSR on Administrative Offenses” in connection with the request of the Moscow City Court and the complaints of a number of citizens”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_21949 (date of access: 06/24/2023).
4. Determination of the Constitutional Court of the Russian Federation of November 19, 2009 No. 1344-O-R “On the clarification of paragraph 5 of the operative part of the Resolution of the Constitutional Court of the Russian Federation of February 2, 1999 No. 3-P on the case of checking the constitutionality of the provisions of Article 41 and part three of Article 42 Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the Decree of the Supreme Council of the Russian Federation of July 16, 1993 “On the Procedure for Enacting the Law of the Russian Federation “On Amendments and Additions to the Law of the RSFSR” On the Judiciary of the RSFSR”, the Code of Criminal Procedure of the RSFSR, The Criminal Code of the RSFSR and the Code of the RSFSR on Administrative Offenses. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_94045 (date of access: 06/24/2023).
5. Opinions were divided on the question of the return of the death penalty. [Electronic resource]. – Access mode: https://sputnik-abkhazia.ru/20151018/1016007891.html (date of access: 06/24/2023).
CRIMINAL LAW
KHARAEV Azamat Arsenovich
Ph.D. in Law, senior lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KULIK Anna Alexandrovna
Assistant of Law sub-faculty of the Azov State Pedagogical University
OPTIMIZATION OF THE PROCEDURE FOR INITIATING A CRIMINAL CASE AND PRELIMINARY INVESTIGATION
The problem of the need to optimize the procedures for initiating a criminal case and preliminary investigation remains relevant. The article highlights only some problematic issues. The purpose of the article is to develop proposals for optimizing the procedure for initiating a criminal case and preliminary investigation. The reliability and validity of the obtained research results is based on an integrative approach based on theoretical analysis of literature, analysis of statistical data, analysis of current legislation and analysis of expert opinions. Based on the results of the study, the author identified areas for optimizing the work of prosecutors and preliminary investigation bodies.
Keywords: initiation of a criminal case, preliminary investigation, procedural independence, supervision of procedural activity.
References
1. Bogatkina R. Sh. Production of inquiry in an abbreviated form: problems of theory and practice // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – October-December 2021. – P. 580-584.
2. Speech by the Minister of Internal Affairs of the Russian Federation, Police General of the Russian Federation Vladimir Kolokoltsev at an expanded meeting of the collegium of the Ministry of Internal Affairs of the Russian Federation // MIA Media. [Electronic resource]. – Access mode: https: www.mvdmedia.ru/news/official/vystuplenie-ministra-vnutrennikh-del-rossiyskoy-federatsii-generala-politsii-rossiyskoy-federatsii-v.
3. Ivanov D. A. Topical issues of theory and practice of compensation for harm caused by a crime (in the activities of the preliminary investigation bodies) / Monograph. – M.: Yurlitinform, 2018. – 287 p.
4. Mashinskaya N. V. Efficiency of the preliminary investigation: criteria and problems of provision // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. – 2021. – No. 4. – October-December. – P. 87-92.
5. Potapov D. V. The vertical of accusatory power and the legal form of its implementation in criminal proceedings // Eurasian Law Journal. – 2017. – No. 5. – P. 250-252.
6. Federal Law “On Amendments to the Code of Criminal Procedure of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation” dated 05.06.2007 No. 87-FZ // SPS Consultant. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_38313/.
CRIMINAL LAW
ARTAMONOVA Anna Nikolaevna
postgraduate student of the University of the Prosecutor’s Office Russian Federation, Supervisory Attorney for the procedural activities of bodies Investigative Committee of the Russian Federation Prosecutor’s Office of Moscow
ON THE ISSUE OF IMPROVING THE TERMINOLOGY USED IN PROCEDURAL DOCUMENTS IN CRIMINAL CASES ON IATROGENIC CRIMES IN THE PROCESS OF PROSECUTORIAL SUPERVISION
In this paper, the author analyzes the content of the concepts of “iatrogenic” and “iatrogenic crimes”, in order to establish the circumstances to be proven in criminal cases of crimes committed by medical workers, as well as to identify problems of prosecutorial supervision in this area. In the work, the author refers to the current legislation, prosecutorial and investigative and judicial practice.
Keywords: medical errors, legal assessment, harm to health, iatrogenic, investigation of iatrogenic crimes, prosecutor’s supervision.
Reference list
1. Avtandilov G. G. Features of the X revision of the International Classification of Diseases and its application in pathological practice. // Arch. Pat. – 1998. – Issue. 1. P. 56.
2. Doletsky S. Ya. “Iatrogeny: clinical and social aspects” // Arch. Pat. – 1988. – Issue. 5. – S. 16-20.
3. Luria R. A. Internal picture of diseases and iatrogenic diseases. – M., 1977.
4. V. M. Lysenko, O. V. Lysenko, M. M. Zaretskii, and E. E. Chernikov, Russ. On the issue of iatrogenic diseases // Scientific Bulletin of the National Medical University. Bogomolets. – 2009. – P. 164-169.
5. Nekachalov VV Yatrogeniya (Pathology of diagnosis and treatment): A guide for physicians. – St. Petersburg, 1998. – S. 3.
6. Rastoropov S. V., Petrova T. N., Chigrina O. R. Expert assessment of inadequate medical care in criminal proceedings: the pursuit of quantity or quality // Eurasian Legal Journal. – 2022. – No. 12. – P. 305-307.
7. Rastoropov S. V., Chigrina O. R. Legal and medical aspects of the expediency of establishing responsibility for improper provision of medical care to a patient // Eurasian Law Journal. – 2023. – No. 1. – S. 236-239.
CRIMINAL LAW
MAKAROVA Kristina Viktorovna
postgraduate student of the Faculty of training scientific personnel of the University of the Prosecutor’s Office of the Russian Federation, assistant prosecutor of the city of Cherkessk of the Karachay-Cherkess Republic
PARTICIPATION OF THE PROSECUTOR IN THE APPEAL PROCEEDINGS IN CRIMINAL CASES
The article examines the tactics and features of the participation of prosecutors in the court of appeal, analyzes the practice of court decisions changed on the basis of prosecutors’ submissions and complaints from participants in the process. In addition, the grounds are indicated under which the prosecutor, as a participant in the criminal process, has the right to present new evidence, or to refute, those that have already been examined by the court. Particular attention is paid to the errors of judicial decisions made by the courts when considering criminal cases, the active position of prosecutors when making appeal submissions. The article provides recommendations to prosecutors supporting the state prosecution in order to improve the quality of the appeal response to comprehensively study the court decisions issued by the courts of first instance.
Keywords: public prosecutor, appeal, appellate instance, appellate ruling, appellate presentation.
References
1. Averkin A., Kudryavtseva A., Smirnov V. Verification and study of evidence in the court of appeal // Criminal process. – 2012. – № 6.
2. Balakshin V. S., Zhumakanova N. A. Refusal of the prosecutor from the prosecution: questions of theory and practice. – Moscow: Yurlitinform, 2016. – 182 p.
3. Zhukova VV Ensuring the prosecutor maintains a legitimate and justified public prosecution: lecture / Acad. Gene. Prosecutor’s Office Ros. Federation. – M., 2021.
4. Isaenko VN, Pavlova EV Research and assessment by the prosecutor of the conclusions and testimony of experts in the trial of criminal cases. – Moscow: Yurlitinform, 2023. – 198 p.
5. Mashovets A. O. Judicial investigation in the criminal process of Russia / Ed. A. D. Proshlyakova. – Moscow: Yurlitinform, 2016. – 451 p.
6. Spirin A. V. Prosecutor as a subject of proof in criminal proceedings in Russia. – Moscow: Yurlitinform, 2018. – 300 p.
CRIMINAL LAW
POPOV Alexander Yurjevich
adjunct of Criminal law sub-faculty of the V. Ya. Kikotya Moscow University of the MIA of Russia, lieutenant of police
MODERN ASPECTS OF THE NEED TO IMPROVE LEGISLATION IN THE FIELD OF ILLEGAL ARMS TRAFFICKING THROUGH THE USE OF DIGITAL TECHNOLOGIES
Task: The purpose of writing a scientific article is to study the emerging new conditions and prerequisites for improving domestic legislation in the field of illicit arms trafficking.
Model: The methodological basis of the study is a complex of philosophical, formal-logical, general scientific means (methods) of cognition, a systematic approach.
Conclusions: The conducted research allows us to conclude that the rapidly developing information technologies have led to the emergence of new forms and methods of criminal activity on the Internet. In this regard, law enforcement agencies have failed to fully prepare for such changes. It is advisable to amend the legislation so that it reflects modern realities, this is especially important when protecting fundamental constitutional rights, such as the right to life and health. We believe that the measures we have proposed will help reduce crimes related to the illegal circulation of firearms and their use for criminal purposes.
Originality/value: This article focuses on the study of the problems of illegal arms trafficking through the “Internet”, with particular attention to new methods of committing such crimes, which have not yet received sufficient coverage in the scientific literature. This study suggests ways to improve legislation and implement policies to prevent crimes related to arms trafficking. Also, the work identifies priority areas for the activities of law enforcement agencies in this area, taking into account world and foreign experience, and also formulates scientifically based criminological and criminal law principles for preventing these crimes.
Keywords: arms trafficking, Internet, Darknet, firearms, digital technologies.
References
1. Nevsky S. A. Counteraction to illegal circulation of weapons, ammunition and explosives (historical, criminological and criminal law aspects). – M., 2008. – S. 63-64.
2. Vladimir Putin announced the start of a special military operation in connection with the situation in the Donbass. – [Electronic resource]. – Access mode: https://goo.su/QL4FKA (date of access: 07/08/2023).
3. Actual deliveries of heavy weapons to Ukraine are two times lower than promised. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/politics/articles/2023/07/07/984309-postavki-ukraine-nizhe (date of access: 07/08/2023).
4. Statement by the Permanent Representative VA Nebenzya at the open debate of the UN Security Council on the topic “The impact of the illicit flow of weapons on peace and security”. – [Electronic resource]. – Access mode: – [Electronic resource]. – Access mode: https://russiaun.ru/ru/news/sc_22112021 (date of access: 07/08/2023).
5. In 2022, more than 1,500 people were convicted in Russia for terrorism and extremism. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5826155 (date of access: 07/08/2023).
6. Federal Law of December 13, 1996 No. 150-FZ (as amended on February 6, 2023) “On Weapons” // “Collected Legislation of the Russian Federation”. – 12/16/1996. – No. 51. – Art. 5681.
7. In Omsk, a 60-year-old man was charged with 6 criminal cases for altering weapons. It is reported by “The Rambler”. – [Electronic resource]. – Access mode: https://news.rambler.ru/crime/50968646/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (date of access: 07/08/2023).
8. 2022: 3D printed weapons workshop. – [Electronic resource]. – Access mode: https://goo.su/FbFz (date of access: 07/08/2023).
9. Former Japanese Prime Minister Shinzo Abe died in an assassination attempt. How did the attack happen and who is behind it? – [Electronic resource]. – Access mode: https://lenta.ru/brief/2022/07/08/assasination_abe/ (date of access: 12.12.2022).
10. The “O” group found mines from a 3D printer in the militants of the Armed Forces of Ukraine, stuffed with US VOGs. This is reported by Rambler. – [Electronic resource]. – Access mode: https://news.rambler.ru/conflicts/48864068/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (date of access: 06/12/2023).
CRIMINAL LAW
SYCH Vladimir Konstantinovich
lecturer-methodologist of the Educational department of the Academy of the FPS of Russia
INSTITUTIONS OF PUNISHMENT AND OTHER MEASURES OF A CRIMINAL-LEGAL NATURE AT THE PRESENT STAGE OF THEIR DEVELOPMENT
The article is dedicated to the current state of institutions of punishment and other measures of a criminal law nature. Some issues are considered, in particular, the mismatch of the problem of punishment with some legislatively fixed goals of punishment, gaps in the very definition of the concept of punishment. In addition, emphasis is placed on the lack of legislative consolidation of the concept of other measuresof a criminal law nature and the incidents arising from this. It is proposed to correct the name of the institution of other measures of a criminal law nature according to the purposes of punishment.
Keywords: punishment, other measures of a criminal law nature, correction of convicts, court fines, compulsory medical measures, security measures and warnings.
References
1. Grushin F. V. Some vectors of the penitentiary policy // Penitentiary system at the present stage, taking into account the implementation of the concept of development of the penitentiary system of the Russian Federation for the period up to 2030, Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on Problems execution of criminal penalties. In 2 volumes. Volume 1. Academy of the Federal Penitentiary Service of Russia. Ryazan, 2022. P. 76-80.
2. Skiba A.P. Means of correction of convicts and their individual characteristics: some theoretical and legal problems of interrelation // Criminal Executive Law. 2020. No. 2. P. 95-101
3. Zubkova VI Criminal punishment and its social role: theory and practice. M., 2002. S. 21.
4. Shchedrin N. V. Security measures as a means of preventing crime: dis. … doc. legal Sciences. Krasnoyarsk, 2001.
5. Utkin V. A. The system of criminal penalties and problems of its legislative regulation // Actual problems of law enforcement practice in connection with the adoption of the new Criminal Code of the Russian Federation: materials of scientific and practical. conf. Krasnoyarsk, 1997. S. 26-27.
6. Zvecharovsky I. E. Measures of a criminal law nature: concept, system and types // Legitimacy. 1999. No. 3. P. 37.
7. Maltsev VV Social responsibility of the individual, criminal law and criminal liability // Jurisprudence. 2000. No. 6. P. 160.
8. Tarbagaev A. N. Responsibility in criminal law: dis. … doc. legal Sciences in the form of scientific. report SPb., 1994. S. 34.
9. Naumov A. V. Russian criminal law. General part: course of lectures. M., 1997. S. 246.
10. Korneev The true place of the judicial fine in the construction of the criminal law // Legal Bulletin of the DSU. 2021. V. 38. No. 2. S. 126-130.
CRIMINAL PROCEDURE
ABDULLAEVA Umukusum Akhmedhanovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian Institute of the Russian State University of Justice (RLA of the Ministry of Justice of Russia)
DZHANTOUKHANOV Visadi Zainalovich
Ph.D. in Law, associate professor of Criminal process sub-faculty of the North-Caucasian Institute of the Russian State University of Justice (RLA of the Ministry of Justice of Russia)
DZHANTOUKHANOVA Milana Visadievna
lecturer of the Legal College of the North-Caucasian Institute of the Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ON THE ISSUE OF SOME CLARIFICATIONS OF THE PROCEDURAL DEADLINES: ANALYSIS OF THE CHANGES INTRODUCED BY THE FEDERAL LAW OF JULY 31, 2023 Nº 396-FZ
In the previous version of Art. 162 of the Code of Criminal Procedure of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation, Code of Criminal Procedure) there were no requirements obliging the investigator to accept criminal cases returned by the prosecutor or court and carry out an additional investigation on them immediately or within a strictly established period. This, in turn, had a negative impact on compliance with the requirements of the law on a reasonable time for criminal proceedings. To a certain extent, the gaps in the procedural deadlines were filled by the Federal Law of July 31, 2023 No. 396-FZ, in connection with which the article analyzes the changes made to Art. 162 Code of Criminal Procedure of the Russian Federation.
Keywords: procedural terms, gaps, reasonable time, effectiveness of actions of subjects of criminal jurisdiction, immediacy, timelines, completion of the investigation.
References:
1. Arkhipov A. S. Problems of assessing the circumstances taken into account when determining a reasonable time at the pre-trial stages of criminal proceedings // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – № 1. – P. 80-82.
2. Bednyakov I. L., Razveykina N. A. The category of “efficiency” in the criminal process // Vestnik SamGU. – 2014. – No. 11/2 (122). – P. 193-197.
3. Znikin V.K., Razzorenova I.N. Unreasonableness of a reasonable term in criminal proceedings // Russian Journal of Criminal Law. – 2020. – No. 16. – P. 53-57.
4. Sogoyan VL Legal nature of a reasonable period of criminal proceedings // Theory and practice of social development. – 2015. – No. 10. – S. 108-111.
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
GUMENCHUK Oksana Olegovna
lecturer of Administrative activities of the internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia
PROBLEM ISSUES IN DOCUMENTATION AND INVESTIGATION OF ILLEGAL STORAGE AND MARKING OF NARCOTIC DRUGS WITH REQUIREMENTS OF CRIMINAL PROCEDURE LEGISLATION
The relevance of the chosen topic is due to the problem of producing procedurally competent and legal investigative and operational-search actions when documenting the facts of illegal sale of narcotic drugs, in particular, such as inspection, search and seizure, in relation to electronic media, carrying out the operational-search activity “Test Purchase” in terms of the presence or absence of provocation on the part of law enforcement agencies to commit the illegal sale of narcotic drugs, as well as the conduct of such investigative actions that are necessary for the correct qualification of the crime committed as the sale or illegal possession of narcotic drugs. The lack of an unambiguous understanding of how much action indicates the presence in the actions of a person of signs of illegal sale or illegal possession of narcotic drugs, leads in practice to the wrong choice of the necessary investigative actions aimed at documenting them and collecting acceptable , relevant and reliable evidence. Failure to regulate at the legislative level the requirements for conducting the operational-search activity “Test Purchase” leads to the issuance of acquittals.
Keywords: illegal sale, illegal possession, narcotic drugs, operational purchase, operational-search activity, operational-search activity, home inspection, inspection of electronic media
References
1. Biruk M. S., Grebenyuk A. S. Electronic media – the concept and meaning in proving during the production of a preliminary investigation in a criminal case // Eurasian Law Journal. 2023. No. 4. P. 292-296.
CRIMINAL PROCEDURE
GERASENKOV Vadim Mikhaylovich
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Academician I. G. Petrovskiy Bryansk State University
SOME ASPECTS OF PARTICIPATION OF THE DEFENSE COUNSEL IN PRE-TRIAL PROCEEDINGS
This article discusses and analyzes the issue of the need to introduce amendments and additions to the criminal procedural legislation aimed at implementing the strengthening of the procedural powers of the defense counsel in pre-trial proceedings in criminal cases. In order to strengthen the guarantees of the rights of a person in respect of whom verification measures are being taken at the stage of initiating a criminal case, it is proposed to make changes regarding the appointment of a forensic examination at this stage of the criminal process . It is proposed, when appointing a forensic examination, to oblige the investigator to acquaint the person in respect of whom the report of the crime is being checked and his defense counsel with the said resolution, informing him of the procedural rights provided for in Article 198 of the Code of Criminal Procedure of the Russian Federation. The defense counsel in the process of criminal proceedings has the right to collect evidence, including by questioning persons with their consent, presenting objects and documents. When petitions are filed by the defense counsel, the investigator has the right not to satisfy them, which makes it difficult for the defense counsel to provide qualified legal assistance. In this regard, it is proposed to amend the criminal procedural legislation, regarding the fact that the petitions of the defense counsel to interrogate persons as witnesses and to attach objects and documents to the materials of the criminal case are subject to mandatory satisfaction by the interrogating officer and the investigator in charge of the criminal case. This is especially important in cases where a person who knows any circumstances of a criminal case refuses to provide them to a lawyer defense. Then there is a need for his interrogation. It is also proposed to give the defense counsel the right to present their position in a criminal case and present it in a separate procedural document.
Keywords: defender, right to defense, adversarial nature of the parties, collection of evidence, process of proving, stage of initiating a criminal case, pre-trial proceedings, criminal proceedings, criminal case.
References
1. Buyantuev S. O. The content of the principle withliability and activity of a lawyer-defender in the criminal process // Union of criminologists and criminologists. – 2021. – No. 4. – P. 57-59.
2. Pankina I. Yu. Ways to expand the powers of a lawyer in proving in the Russian criminal process // Legal state: theory and practice. –– 2019. – No. 1 (55). – P. 128-134.
3. Smirnov V. A., Peryakina M. P. The Institute of Defense at the Present Stage of the Development of Criminal Proceedings in Russia // Siberian Legal Bulletin. – 2021. – No. 2 (93). – P. 92-98.
CRIMINAL PROCEDURE
LOGACHEV Konstantin Konstantinovich
lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
THE ROLE OF PHYSICAL EVIDENCE IN THE INVESTIGATION OF ENVIRONMENTAL CRIMES
This work is devoted to determining the role of physical evidence in the investigation of environmental crimes. The concept and features of physical evidence in criminal cases of environmental crimes are defined. Special attention is paid to the problems of using physical evidence in criminal cases of illegal logging of forest plantations. The author formulates proposals for improving law enforcement practice in this area.
Keywords: material evidence, illegal logging of forest plantations, instrument of crime, investigation, environmental crime.
References
1. Barygina A. A. Features of the assessment of certain types of evidence in criminal proceedings: monograph. Moscow: Yurlitinform, 2013. 396 p.
2. Belkin A. R. Theory of proof in criminal proceedings: a textbook for universities. M.: Yurayt, 2019. 184 p.
3. Vyshinsky A. Ya. The theory of judicial evidence in Soviet law. M.: Yurid. Publishing House of the NKJU USSR, 1941. 220 p.
4. In Primorye, a car with roe deer carcasses was detained. [Electronic resource]. – Access mode: https://vostok.today/44617-v-primore-zaderzhali-avtomobil-s-tushami-kosul.html (date of access: 17.02.2023).
5. Davydovskaya M. V. Material evidence: problems of legislative definition // Criminalistics: yesterday, today, tomorrow. 2017. No. 2 (2). P. 10-16.
6. Dorokhov V. Ya. Nature of physical evidence // Soviet state and law. 1971. No. 10. P. 109-114.
7. Orlov Yu. K. Modern problems of proof and the use of special knowledge in criminal proceedings: a scientific and educational guide. M.: Prospekt, 2016. 213 p.
8. Decree of the Plenum of the Supreme Court of the Russian Federation of December 15, 2022 No. 38 “On amendments to some decisions of the Plenum of the Supreme Court of the Russian Federation on criminal cases” // Rossiyskaya Gazeta. Dec 28, 2022
9. Decree of the Plenum of the Supreme Court of the Russian Federation of October 18, 2012 No. 21 (as amended on December 15, 2022) “On the application by courts of legislation on liability for violations in the field of environmental protection and nature management” // Bulletin of the Supreme Court of the Russian Federation. 2012. No. 12.
10. Selivanov N. A. Material evidence. Forensic and criminal procedure research. M.: Legal Literature, 1971. 200 p.
11. Strogovich M. S. Criminal process: textbook. M.: Yurid. Publishing House of the Ministry of Justice of the USSR, 1946. 511 p.
12. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on December 29, 2022) (as amended and supplemented, entered into force on January 11, 2023) // Collected Legislation of the Russian Federation. 2001. No. 52 (part I). Art. 4921.
CRIMINAL PROCEDURE
OLENEV Pavel Andreevich
postgraduate student of the Moscow Academy of the Investigative Committee of the Russian Federation
DEVELOPMENT OF THE INSTITUTION OF PROCEDURAL CONTROL IN THE DOMESTIC CRIMINAL PROCEDURE LEGISLATION
This scientific research analyzes the provisions of the criminal procedure law on the implementation of procedural control in the investigation of a criminal case in historical retrospect and at the present time, and also proposes innovations in the legislation on the place and role of the investigator, investigator, head of the investigative body in criminal proceedings.
Keywords: pre-trial criminal proceedings, procedural control, head of the investigative body, prosecutor, investigator, Investigative Committee of the Russian Federation.
References
1. Khimicheva O. V. Conceptual foundations of procedural control and supervision at the pre-trial stages of criminal proceedings: Monograph. M.: UNITY-DANA, Law and Law, 2004.
2. Rozin N. N. Criminal proceedings. St. Petersburg, 1914.
3. Code of Criminal Procedure of the Russian Federation // Legal Bulletin. 1995. No. 31.
CRIMINAL PROCEDURE
PROKHOROVA Tatyana Leonidovna
seniorlecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
CONCEPT AND SIGNIFICANCE OF OBTAINING SAMPLES FOR COMPARATIVE STUDIES AS AN INQUIRED ACTION
The article is devoted to the study of the criminal procedural regulation of obtaining samples for a comparative study. Within the framework of the general characteristics of this legal phenomenon, its concept is defined, which makes it possible to establish to the greatest extent its legal essence and significance in criminal proceedings. The points of view of scientists considering this topic are analyzed, conclusions are drawn regarding the procedure for the implementation of this procedural action. The concept of obtaining samples for comparative research as an investigative action is formulated.
Keywords: samples, comparative study, examination, material evidence, investigative action, law requirement, knowledge.
References
1. Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated April 10, 2012 No. 25-O12-4 // Bulletin of the Supreme Court of the Russian Federation. – 2012. – No. 9. – S. 12.
2. Skibinsky A. V. Obtaining samples for comparative research // Criminal trial. – 2016. – No. 1. – P. 5.
3. Kosenko A. M. On obtaining samples for comparative research // Bulletin of the Russian Law Academy. – 2019. – No. 2. – P. 85.
4. Krieger A. E. Investigative actions. – Barnaul, 2016. – S. 62.
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
CHEREPNENKO Elena Alexandrovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, candidate of legal sciences
ON THE QUESTION OF LEGAL REGULATION OF THE DETENTION OF A SUSPECT
The article deals with issues of a procedural nature that arise when registering the detention of a suspect in the commission of a criminally punishable act, in accordance with the current criminal procedure legislation of the Russian Federation. Violation of the procedure for the procedural registration of the detention of a person suspected of committing unlawful acts means a violation of his constitutional rights, freedoms and legitimate interests. Particular attention should be paid to ensuring the right of the detainee to use the assistance of a defense lawyer from the moment of detention, regardless of whether a criminal case has been initiated against him or on the fact of a crime committed.
Keywords: suspected of committing a crime, protocol of detention, detention of a person, participation of a defense lawyer, body of inquiry, interrogating officer, investigator.
References
1. Decree of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41 “On the practice of application by courts of legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions”, as amended by the decisions of the Plenum of May 24, 2016 No. 23 and dated June 11, 2020 No. 7. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/own/8379/ (date of access: 07/03/2023).
2. Code of Criminal Procedure of the Russian Federation: Federal Law of December 18, 2001 No. 174-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34481/ (date of access: 07/03/2023).
CRIMINAL PROCEDURE
SAFONOV Andrey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Research and training and complex of forensic examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, Deputy Head of Criminal process sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE CORRECNESS OF DOCUMENTING THE INVESTIGATIVE EXPERIMENT
This article emphasizes the importance of accurately documenting the process and the results of the investigative experiment, since the protocol will be considered evidence in court. The protocol of the investigative experiment must be completed at the scene of the incident to provide an accurate description of the situation. The protocol consists of introductory and descriptive parts, and typical mistakes possible in its design are non-compliance with the law, incorrect or incomplete description of experimental actions, stylistic errors. The course and results of the investigative experiment can be recorded using audio, video or photography. The video recording is especially useful because it allows you to visually and dynamically demonstrate the progress and results of the investigative experiment.
Keywords: investigative experiment, protocol, evidence, criminal case, requirements of the law, admissibility, audio recording, video recording, errors, procedural errors.
References
1. Egorov N. N., Ishchenko E. P. Criminalistics: textbook and workshop for universities. – 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 617 p.
2. Averyanova T. V., Belkin R. S., Korukhov Yu. G., Rossinskaya E. R. Criminalistics: Proc. for universities / Ed. R. S. Belkina. – Moscow: Publishing house. NORMA Group – INFRA-M, 1999. – 971 p.
3. Luzgin I. M. Modeling in the investigation of crimes: monograph. – Moscow: Legal Literature, 1981. – 152 p.
4. Zelensky V. D., Vlezko D. A., Golovin M. V., Gritsaev S. I. Basic provisions of investigative tactics: monograph / Ed. editor V. D. Zelensky. – Krasnodar: KubGAU, 2011. – 275 p.
5. Ruban A. S. Investigative experiment: theory and practice: dissertation … candidate of legal sciences: 12.00.09; [Place of protection: Vladimir. Legal. in-t Feder. penitentiary service]. – Moscow, 2009. – 291 p.
6. Dulov A. V., Nesterenko P. D. Tactics of investigative actions [Text]. – Minsk: Highest. school, 1971. – 272 p.
7. Torbin Yu. G. Procedural and tactical features of the production of an investigative experiment [Text]: monograph; State. Educational institution of higher education. Prof. Education “Russian legal acad. Ministry of Justice Ros. Federation”. – Moscow: Russian legal acad. Ministry of Justice Ros. Federation, 2011. – 80 p.
8. Belkin R. S. Criminalistics: problems, trends, prospects. From theory to practice. – Moscow: Jurid. lit., 1988. – 302 p.
9. Criminalistics: Textbook / Ed. A. G. Filippova. – Moscow: Higher Education, 2007. – 441 p.
10. Criminalistics: Textbook for universities / Ed. A. F. Volynsky. – Moscow: Law and Law, UNITY-DANA, 1999. – 615 p.
11. Lavrov V. P., Rakhmatullin R. R., Romanov V. I., Shalimov A. N. Criminalistics: lecture notes: textbook / Ed. ed. V. P. Lavrov. – Moscow: Prospect, 2016. – 256 p.
CRIMINAL PROCEDURE
ANISHCHENKO Oleg Alexandrovich
magister student of the 2nd course of the Law Faculty of the M. V. Lomonosov Moscow State University
SOME FEATURES OF THE CRIMINAL PROCESS IN CASES OF ECONOMIC CRIMES IN ENGLAND AND THE UNITED STATES OF AMERICA
This article is dedicated to the analysis of the main manifestations of differentiation in cases of economic crimes in England and the United States of America. The relevance of this topic is predetermined, on the one hand, by the latest changes to the Code of Criminal Procedure of the Russian Federation in terms of providing greater guarantees to the accused in cases of economic crimes and, on the other hand, by the scientific need to analyze existing alternatives. As a result of studying foreign experience, it can be concluded that the increased complexity in proving in this category of cases predetermines the need for specialization of the bodies conducting the investigation, while in pre-trial proceedings there is a tendency to involve bodies and officials carrying out criminal prosecution before the court. In turn, the need to obtain from the accused information of evidentiary value in the studied legal order led to the restriction (in an explicit or implicit form) privileges against self-incrimination.
Keywords: criminal procedure, economic crime, crime control.
References
1. Golovko L. V. Two alternative directions of criminal policy in cases of economic and financial crimes: Crime Control and Doing Business // Law. 2015. No. 8.
2. Golovko L. V. Archetypes of pre-trial proceedings, possible prospects for the development of domestic preliminary investigation // Criminal justice. 2014. No. 2.
3. Bosworth-Davies R. Towards the new authoritarianism: giving section 2 powers to the police // Journal of Financial Crime. 1994 Vol. 1. No. 4.
4. Brooks G., & Button M. The police and fraud investigation and the case for a nationalized solution in the United Kingdom // The Police Journal. 2011. No 84 (4).
5. Button M., Frimpong K., Smith G. et al. Professionalizing counter fraud specialists in the uk: assessing progress and recommendations for reform // Crime Prev. community. 2007. Saf 9. P. 92-101.
6. Daniel C. Richman. Prosecutors and their agents, agents and their prosecutors // COLUM. L. REV. 2003 Vol. 103:749.
7. Diskant E. B. Comparative corporate criminal liability: exploring the uniquely American doctrine through comparative criminal procedure, 118 YALE L.J. 126.
8. Garoupa N. Ogus A & Sanders A. The investigation and prosecution of regulatory offenses: is there an economic case for integration? // Cambridge Law Journal. 2011 Vol. 70. No. 01.
9 Geraldine Szott Moohr. Prosecutorial power in an adversarial system: lessons from current white collar cases and the inquisitorial model // Buffalo Criminal Law. Review 1. April 2004. 8(1). 10 Jennifer Arlen & Samuel W. Buell. The law of investigations and the global expansion of corporate corporate criminal enforcement // 93 Southern California Law Review.
11. Leigh L. H. The royal commission on criminal procedure // The Modern Law Review. 1981 Vol. 44. No. 3.
12. White Robin M. Investigators and prosecutors or, desperately seeking Scotland: re-formulation of the Philips Principle // The Modern Law Review. 2006 Vol. 69. No. 2.
CRIMINAL PROCEDURE
GADADOV Israfil Saidovich
postgraduate student of the 4th year of study of the Russian State University of Justice
ON THE POSSIBILITY OF APPLICATION BY THE COURT OF “ASYMMETRY” OF THE RULES FOR ASSESSING THE ADMISSIBILITY OF EVIDENCE
The article deals with the problem of applying the so-called “asymmetry” of the rules for assessing the admissibility of evidence in the Russian criminal process. Based on the results of studying the current criminal procedure law, various opinions of process scientists, judicial practice, it is concluded that, despite the fact that the current Criminal Procedure Code of the Russian Federation is not focused on the application of these rules, the the possibility of a positive decision by the court on the implementation of these rules and substantiate this conclusion.
Keywords: criminal process, evidence, assessment of evidence, admissibility of evidence, “asymmetry” of the rules for assessing the admissibility of evidence.
References
1. Balakshin V. S. “Asymmetry” of the rules for assessing the admissibility of evidence // Legitimacy. – 2007. – № 3. – P. 2-5.
2. Balakshin V. S., Zhuravleva N. M. Asymmetry of the rules for evaluating evidence: the dilemma of application in the Russian criminal process // Bulletin of the Mogilev Institute of the Ministry of Internal Affairs. – 2021. – No. 2 (4). – P. 45-49.
3. Borulenkov Yu. P. Admissibility of evidence: time for change? // Criminal proceedings. – 2013. – No. 3. – P. 13-18.
4. Gasparyan N. S. Exclusion of evidence obtained in violation of the law, and the return of the criminal case to the prosecutor (theory and systematized judicial practice). – M.: Border, 2021. – T. 1. – 504 p.
5. Zaitseva S., Gromov N. Correlation between evidence and facts in criminal proceedings // Russian justice. – 2003. – No. 11. – P. 24.
6. Kipnis NM Admissibility of evidence in criminal proceedings. – M., 1995. – 127 p.
7. Kudin F. M., Kostenko R. V. Admissibility of evidence in the Russian criminal process: textbook. – Krasnodar, 2002. – S. 78-79.
8. Kudryavtsev VL Problems of the double standard in determining the admissibility of evidence in Russian criminal procedure science // Actual problems of criminal procedure law and the practice of its application: Proceedings of the international remote scientific and practical conference. Karaganda: Kyui Ministry of Internal Affairs of the Republic of Kazakhstan named after. B. Beisenova. – 2009. – P. 7-13.
9. Pashin S. A. Evidence in the Russian criminal process. – M.: Complex-Progress, 1999. – 390 p.
10. Savitsky V. M. Recent changes in the Code of Criminal Procedure: the continuation of the democratization of legal proceedings (introductory article to the Code of Criminal Procedure of the RSFSR). Criminal Code of the RSFSR. Code of Criminal Procedure of the RSFSR. – M., 1994. – P. 184.
11. Stetsovsky Yu. I., Larin A. M. The constitutional principle of providing the accused with the right to defense. – M.: Nauka, 1988. – 320 p.
CRIMINAL PROCEDURE
LAGAEVA Elzyata Konstantinovna
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
ALYAEV Alexander Basangovich
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
FUNCTIONS OF THE JURY COURT AS A SOCIAL AUTHORITY
Within the framework of this article, the main functions of the jury court as a social authority are studied and analyzed. Attention is drawn to the current functions of the social power of the jury in modern Russia aand foreign countries. The classification of jury functions is given both in the historical aspect and at the present stage. In addition, an attempt is made to draw comparative parallels of the Russian jury trial with its foreign counterparts. The article shows how the need affected to implement the functions of the jury the peculiarities of their legal regulation in domestic legislation.
Keywords: court, jury, law, functions, socialization, social power.
References
1. Kireeva E. A. Jury as a special social institution of the Russian state power (historical and legal analysis): Abstract of the thesis. dis. … candidate of legal sciences. – Vladimir, 2006.
2. Kostenko N. S. Stages of formation and development of the institution of jury trial in Russian criminal proceedings // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (93).
3. Kupryashina E. A., Cherkasova E. A. Participation of citizens in the administration of justice in Russia and foreign countries // Problems of law enforcement. – 2018. – № 1.
4. 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.
5. 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.
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 the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
7. Foinitsky I. Ya. The course of criminal proceedings. T. 1. – St. Petersburg, 1896.
CRIMINAL PROCEDURE
TIKHANIN Illarion Viktorovich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
PERMISSIVENESS AS A WAY OF LEGAL REGULATION OF ANTI-CORRUPTION STANDARDS IN CRIMINAL PROCEEDINGS
The article considers permits as a way of legal regulation of anti-corruption standards in criminal proceedings. The author’s classification of criminal procedural permissions is given. Based on the analysis of the legal regulation of permits, in the course of criminal proceedings, the author concludes that the implementation of anti-corruption standards in the field of procedural legal relations under consideration, by establishing a unified system of prohibitions, restrictions and permits , contributes to achieving a balance of the legitimate interests of the prosecution and the defense.
Keywords: criminal proceedings, anti-corruption standards, corruption, criminal procedural permits, criminal case, participants in criminal proceedings, legal ways to counter corruption, classification.
References
1. Pashentsev D. A., Truntsevsky Yu. V., Tsirin A. M. et al. Anti-corruption education in the Russian Federation: a scientific and practical guide / Ed. ed. T. Ya. Khabrieva. – M.: Prospekt, 2021. – 144 p.
2. Artemov V. Yu., Vlasov I. S., Golovanova N. A. et al. Fighting corruption in law enforcement agencies abroad: monograph / Ed. ed. I. S. Vlasov, S. P. Kubantsev. – M. INFRA-M, IZiSP, 2018. – 320 p.
3. Astafiev Yu. V. Norms-permissions in the Russian criminal process // Judicial power and criminal process. – 2016. – No. 1. – P. 102-108.
4. Tsirin A. M., Truntsevsky Yu. V., Sevalnev V. V. Evaluation of corruption risks in federal executive bodies: a methodological guide. – M.: Prospekt, 2019. – 112 p.
5. Vlasenko N. A., Gracheva S. A., Rafalyuk E. E. Legal basis for combating corruption: textbook / Ed. ed. N. A. Vlasenko. – M.: IZiSP; Publishing House “Jurisprudence”, 2013. – 344 p.
6. Theory of state and law / Ed. N. I. Matuzova, A. V. Malko. – M., 2004. – S. 453.
7. Tikhanin I. V. Moral values of prohibition as the main method of legal regulation of anti-corruption standards in criminal proceedings // Bulletin. State and law. – 2022. – No. 3 (34). – P. 82-87.
8. Tikhanin I. V. On the role of the principles of criminal justice in the implementation of anti-corruption standards in the course of proceedings // Society and Law. – 2022. – No. 4 (82). – P. 62-67.
9. Tikhanin I. V. Implementation of the principle of recognition, provision and protection of human and civil rights and freedoms in Russian criminal proceedings (humanistic and anti-corruption aspects) // Eurasian legal journal. – 2023. – No. 2 (177). – P. 295-297.
10. Tikhomirov Yu. A. Legal regulation: ttheory and practice. – M., 2000. – S. 380.
11. Frantsiforov Yu. V. Permission as a way of legal regulation in criminal proceedings // Transformation of law and law enforcement in the context of the development of digital technologies in Russia, CIS countries and the European Union: problems of legislation and social efficiency: Materials of the VI International Scientific and Practical Conference of Teachers , practitioners, students, undergraduates, graduate students (SSU named after N. G. Chernyshevsky), Saratov, April 12, 2019. – Saratov: Publishing house “Saratov source”, 2019. – P. 332-335.
12. Artemov V. Yu., Golovanova N. A., Gorenskaya E. V. et al. Criminal law protection of the financial and budgetary sphere: scientific and practical guide / Ed. ed. I. I. Kucherov, O. A. Zaitsev, S. L. Nudel. – M.: IZiSP: Law Firm Contract LLC, 2021. – 284 p.
13. Khabrieva T. Ya. Corruption and law: doctrinal approaches to problem setting // Journal of Russian law. – 2012. – No. 6. – P. 5-17.
14. Epihin A. Y., Mishin A. V., Aliyeva G. I. [et al.] Anti-corruption the criminal procedure legislation of Russia // Humanities and Social Sciences Reviews. – 2019. – Vol. 7. No. 5. – P. 646-649. – DOI 10.18510/hssr.2019.7574.
CRIMINAL-EXECUTIVE LAW
VASILJEVA Yuliya Anatoljevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia, senior operative of the Department of Internal Security of the FPS of Russia for the Republic of Khakassia, major of internal service
CAUSES OF MASS RIOTS (ON THE EXAMPLE OF THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION, THE REPUBLIC OF BELARUS AND THE REPUBLIC OF KAZAKHSTAN)
The article discusses the causes and conditions of mass riots committed by convicts held in institutions and pre-trial detention centers (on the example of the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan). Examples of mass riots that caused a great public outcry in the media are given. There are 2 groups of factors that are the main causes of mass riots in penitentiary systems. The influence of internal and external factors on the emergence of this criminal social phenomenon from the author’s point of view.
Keywords: mass riots, causes of mass riots.
References
1. Nekrasov A.P. Causes and conditions of mass riots in correctional conditions in Russia. // Bulletin of the Institute of Legislation of the Republic of Kazakhstan. – 2011. – No. 2 (22). – P. 41.
2. Tkachenko N. I., Epifanov S. S., Lyadov E. V. Legal and organizational aspects of the use of special, forensic technical means and methods in the disclosure, investigation and prevention of escapes from places of deprivation of liberty. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2011. – P. 10.
3. Krymov A. A., Akchurin A. V., Novikova L. V., Nazarkin E. V., Lyadov E. V., Terekhov Yu. substances in IU: pract. rec. / A. A. Krymov [and others]. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2015. – P. 11-19.
CRIMINAL-EXECUTIVE LAW
GORBAN Dmitriy Vladimirovich
Ph.D. in Law, Head of Organization of execution of punishments sub-faculty of the Faculty of Law of the University of the FPS of Russia
THE CONCEPT OF RE-SOCIALIZATION OF CONVICTS: ANALYSIS OF SCIENTIFIC APPROACHES
The article discusses various theoretical approaches to the concept of resocialization of convicts. The content and features of the legislative concept of “resocialization of convicts” are revealed. An attempt has been made to determine the legal nature of the resocialization of convicts and to determine its place in the system of related legal institutions.
Keywords: resocialization, convicts, correction, social adaptation, approbation, progressive system.
References
1. Borsuchenko S. A. Resocialization and social adaptation of convicts to deprivation of liberty: concept, content, legal regulation // Legal Bulletin of Samara University. – 2018. – V. 4. No. 2. – S. 74-79.
2. Gorbach D. V., Gorban D. V. On the concept of resocialization of convicts: modern approaches. In the collection: Institute for resocialization of convicts: state, problems and development prospects. Collection of materials of the All-Russian scientific-practical conference. – 2017. – P. 31-34.
3. Pomnina S. N., Lavrushkina A. A. The expediency of introducing forced labor as a type of criminal punishment from the standpoint of theory and practice // Bulletin of the Volga University. V. N. Tatishcheva. – 2017. – No. 4. – P. 227-233.
4. Predov T.Resocialization of recidivist criminals: Ph.D. dis. … cand. legal Sciences. – M., 1978.
5. Rodneva A. Yu. Problems of resocialization of convicts // Actual problems of penitentiary science and practice. – 2022. – No. 1 (17). – P. 37-39.
6. Smirnov I. A. Pre-initial (starting) stage of resocialization of positively characterized convicts. In the collection: Problems of appointment and execution of criminal penalties in Russia and abroad. Collection of materials of the round table of the international scientific-practical conference. Under the general editorship of V. N. Nekrasov, I. A. Yanchuk. – 2018. – S. 278-283.
7. Trubnikov V. M. Social adaptation of those released from punishment: dis. … doc. legal Sciences. – Kharkov, 1991.
8. Fomin V. V., Lukyanova E. A. On some stages of resocialization of convicts in correctional institutions and measures taken to improve its effectiveness // Man: crime and punishment. – 2023. – T. 31 (1-4). – No. 1. – S. 160–166. DOI: 10.33463/2687-1238.2023.31(1-4).1.160-166.
CRIMINAL-EXECUTIVE LAW
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Regime and security in the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
PREVENTION OF THE SPREAD OF CRIMINAL SUBCULTURE IN CORRECTIONAL INSTITUTIONS OF THE PENAL SYSTEM
The article examines the actual ways and methods of preventing the spread of criminal subculture in correctional institutions of the penal system. Historically, the prison system as a whole is represented by a set of rules, both legislative and informal, regulating the interpersonal relations of convicts, dividing them into castes and establishing special procedures for serving sentences. Employees of the educational and psychological service, together with the security department, carry out various activities that, through joint use, can reduce the level of criminogenic infection.
Keywords: penitentiary system, prison staff, criminal subculture, preventive measures, convicts.
References
1. Blokhin Yu. I. Organizational and legal measures to neutralize the negative impact of negative groups of convicts in prisons: dis. … cand. legal Sciences. Rostov n / a, 1999. – S. 33-34.
2. Kolesnikov E. Behind bars. 2014. – No. 1. – Press Courier Publishing House. – P. 47.
3. Tagantsev N. S. Russian criminal law: lectures. – Part General. – St. Petersburg, 1902. – T. I. – S. 911.
4. Foinitsky I. Ya. The doctrine of punishment in connection with prison science. – St. Petersburg, 1889. – S. 392.
5. Yadrintsev N. M. Russian community in prison and exile. – St. Petersburg, 1872. – 754 p.
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
PROBLEMS OF THE APPLICATION OF PENALTIES AND REWARDS BY PERSONNEL OF THE FPS TO CONVICTS SERVING SENTENCES IN PLACES OF DETENTION
This article discusses the history of the creation of legal acts regulating penitentiary relations, as well as the results of its reform to the present. The main emphasis is made on changes, as well as on the current regulatory regulation of the procedure for serving sentences. Despite the periods that are characterized by torture and other physical coercion, it can be said that society was moving towards the humanization and humanization of the penitentiary system. The historical periods we have considered testify to the consideration of past experience and continuity.
Keywords: penitentiary system, Federal Penitentiary Service of Russia, penitentiary legislation.
References
1. Analytical report on the state of criminal policy in the Russian Federation // On the legislative support of criminal law policy in the Russian Federation: collection of materials / Edition of the Federation Council. – M., 2018. – 258 p.
2. Reforming the penitentiaryAdditional system: theoretical project. – Moscow; Ryazan: APU FSIN RF, NII FSIN RF, 2009.
3. Nazarov S. V. Legal culture as one of the factors in the prevention of penitentiary crime. // Problems of crime: traditional and non-traditional approaches. – M.: Russian Criminological Association, 2003.
CRIMINAL-EXECUTIVE LAW
SKOBELEVA Oksana Olegovna
Ph.D. in pedagogical sciences, Head of Philosophy and all-humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
PROGRAMS FOR DERADICALIZATION OF CONVICTS IN CORRECTIONAL INSTITUTIONS
This article considers some recommendations for the formation of programs for convicts to remove them from participation in destructive organizations. Deradicalization is an attempt to carry out a process that results in convicts, participants in destructive cults, changing their attitudes towards the use of violent means or the pursuit of extremist targets. The programs discussed in this article are aimed at creating structures by which the number of active terrorists in penitentiary institutions in different countries can be reduced, helping individuals to abandon radical ideas and facilitate their reintegration into society.
Keywords: deradicalization, destructive cults, convicts, penitentiary institution, programs.
References
1. Bedzhanova T. V. Counteraction to religious extremism in France: legislative regulation, interaction of authorities // Legal Bulletin of the Dagestan State University. – 2014. – № 3. – P. 57-60.
2. Stephen Hassen. Liberation from psychological abuse. – St. Petersburg: Prime-EVROZNAK, Neva Publishing House, 2001. – P. 310.
3. The French manual is the result of a joint initiative by France, Germany and Austria during the French Presidency of the European Union in 2008.
4. Prisons and Terrorism. Radicalisation and De-radicalisation in 15 Countries, 2010. – 68 p.
CRIMINAL-EXECUTIVE LAW
TOLCHENKINA Marina Eduardovna
Ph.D. in Law, senior researcher of the Research Department of the Scientific Center of the Academy of the FPS of Russia
PROBATION IN RUSSIA: LEGAL FOUNDATIONS AND DEVELOPMENT PROSPECTS
This article discusses the issues of the formation and development of the probation system in Russia, taking into account the main provisions of the Decree of the Government of the Russian Federation dated April 29, 2021 No. 1138-r “On the Concept of the development of the penal system of the Russian Federation for the period up to 2030” and Federal Law No. 10-FZ dated February 6, 2023 “On probation in the Russian Federation”; on the basis of official statistics of law enforcement agencies of Russia, modern crime indicators in the country are given; the main stages of the development of an effective probation system for the period up to 2030 are outlined; the classification of probation depending on its types (executive, penitentiary and post-penitentiary) is investigated.
Keywords: penal enforcement system, probation, recidivism, resocialization, social adaptation and rehabilitation, types of probation (executive, penitentiary, post-penitentiary).
CRIMINAL-EXECUTIVE LAW
VASILJEVA Yuliya Anatoljevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia, senior operative of the Department of Internal Security of the FPS of Russia for the Republic of Khakassia, major of internal service
MASS RIOTS IN MODERN RUSSIAN SOCIETY. COMMON SIGNS, DIFFERENCES OF MASS RIOTS COMMITTED IN CORRECTIONAL INSTITUTIONS AND PRE-TRIAL DETENTION CENTERS
The article discusses the concepts, causes of mass riots in civil society, as well as some factors that contribute to the emergence of mass riots in correctional institutions of the penal system of Russia. The author reveals the commonality of signs and differences of riots taking place on the territory of penitentiary institutions from mass riots committed as a whole.
Keywords: mass riots, convicts, special agent, correctional institution, pre-trial detention center.
References
1. Bagmet A. M., Khmeleva A. V. Peculiarities of conducting inspections during the investigation of mass riots // Russian investigator. – 2022. – № 4.
2. Agapov P. V. Armed rebellion: some aspects of the criminal law characteristics and improvement of legislation // Laws of Russia: experience, analysis, practice. – 2013. – No. 10. – P. 66-70.
3. Khokhrin S. A. Mass riots committed by convicts in correctional institutions: criminal law and criminological aspects: author. dis. … cand. legal Sciences. – M., 2011. – S. 10.
4. Tkachenko N. I., Epifanov S. S., Lyadov E. V. Legal and organizational aspects of the use of special, forensic technical means and methods in detecting, investigating and preventing escapes from places of deprivation of liberty. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2011. – P. 10.
5. Engibaryan VG Some features of the occurrence and commission of mass riots // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – № 7.
6. Kulev A. G., Kuleva L. O. Armed rebellion: questions of composition improvement // Actual problems of criminal law at the present stage (questions of differentiation of responsibility and legislative technique). – 2021. – No. 10. – P. 22.
7. Zhukova S. S. Criminal law characteristics of mass riots and armed rebellion // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (60). – P. 158-159.
CRIMINALISTICS
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
KAIRGALIEV Daniyar Vulkairevich
Ph.D. in biological sciences, associate professor, expert of “Expert Technologies and Product Certification” LLC
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE SPECIFICITY OF THE PARTICIPATION OF THE SPECIALIST-CRIMINALIST IN THE EXAMINATION OF THE EXPLOSION SITE
During the conduct of a special military operation, there is a galloping increase in the number of criminal explosions carried out using explosive devices of various designs and the use of explosives. The danger of terrorist acts and criminal explosions, the implementation of which involves not only the destruction of property and material values, but also the death of people, seems to us to be serious. This article discusses the features of the action of a forensic specialist at the scene of an explosion related to the explosion, his role in this investigative action and the assistance that he can provide to the investigator in investigating the fact of the explosion.
Keywords: forensic specialist, special knowledge, explosion site, terrorist act, inspection of the scene, explosive device.
References
1. Gaikin M. S. Actual issues of ensuring the production of explosive forensic examinations and individual investigative actions with the participation of an expert in explosives // Legal Science and Law Enforcement Practice. – 2022. – No. 4 (62). – S. 105-114.
2. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on May 24, 1996) (as amended on June 13, 2023) (with amendments and additions as of June 24, 2023).
CRIMINALISTICS
MASHKOV Sergey Alexandrovich
Ph.D. in Law, associate professor of Criminalistics, forensic examinations and legal psychology sub-faculty of the Institute of Justice of the Baikal State University
INFLUENCE ON THE INTEGRITY OF A PERSON IN THE PROCESS OF INVESTIGATIVE ACTIONS
The article examines the possibilities of influencing the honesty of participants in criminal proceedings in the process of carrying out investigative actions. The results of a research experiment on the hidden influence through ethical discourse on the unconscious components of the human psyche in order to induce a person to truthful testimony are presented. The author substantiates the conclusion about the possibility of actualization of the particular in the conditions of ethical discourse and its implementation in the practical activities of the investigator and other authorized persons in the process of carrying out investigative actions.
Keywords: lie detection, honesty enhancement, discursive influence on the unconscious.
References
1. Kondakov N.I. Lies. Logical dictionary-reference book. – 2nd ed., Rev. and additional – Moscow: Nauka, 1975. – 720 p.
2. Harris S. Lies. Why it’s always better to tell the truth. – Moscow: Litagent “Alpina”, 2015. – 90 p.
3. Myasnikov A. G. The right to lie as a trap for freedom // POLIS. political research. – 2017. – No. 5. – P. 174-186.
4. Mashkov S. A. Discursive influence on the honesty of participants in legal relations // Personality, society and the statein the legal dimension: Proceedings of the national scientific-practical conference. – Irkutsk, 2021. – P. 310-316.
5. Lenets A. V. The structure and functions of lies from the standpoint of linguistics. News of the Volgograd State Pedagogical University. – 2008. – No. 7 (31). – P. 15-19.
6. Panasyuk A. Yu. And what is in his subconscious? (Twelve lessons on the psychotechnology of penetration into the subconscious of the interlocutor). – Moscow: Delo, 2002. – 272 p.
7. Psychology. Dictionary / Under the general. ed. A. V. Petrovsky, M. G. Yaroshevsky. – 2nd ed., Rev. and additional – Moscow: Politizdat, 1990. – 494 p.
8. Freud Z. Favorites. Book. 1. – Moscow: Moscow worker with a joint Soviet-West German enterprise “All Moscow”, 1990. – 160 p.
9. Nalimov VV Probabilistic model of the unconscious // Psychological journal. – 1984. – No. 6. – P. 112-117.
10. Bormotov A. A. Development and testing of methods for diagnosing honesty as a stable personality trait // Psychology. HSE Journal. – 2008. – No. 3. – P. 123-136.
11. Kolesov VV Life comes from the word. – Moscow: Litagent “Zlatoust”, 1999. – 368 p.
12. Orlova N.V. Ethical discourse of modern regional newspapers // Medialinguistics. – 2013. – No. 12. – P. 76-80.
13. Orlova N. V. Discursive-stylistic evolution of the media concept: life cycle and world-modeling potential: dis. … doc. philosophy Sciences. – Tomsk, 2012. – 423 p.
14. Andreeva E. I. The principle of freedom in modern neo-Kantianism: ethical discourse // Socio-economic and technical systems: research, design, optimization. – 2006. – No. 15. – P. 7-8.
15. Olyanich A. V. Linguistic semiotics of ethical interaction: sign, word, text (discourse) // Actual problems of philology and pedagogical linguistics. – 2014. – No. 16. – P. 218-238.
CRIMINALISTICS
NIZAEVA Svetlana Ramilevna
Ph.D. in Law, Deputy chief of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
IDENTIFICATION OF FALSE TESTIMONY DURING INVESTIGATIVE ACTIONS THROUGH THE USE OF PROFILING THE IDENTITY OF THE INTERROGATED
The article examines the relevance of the use of forensic profiling during the interrogation of participants in criminal proceedings, as one of the methods of forensic detection of false testimony during disclosure and investigation. The author describes verification – the process of confirming the authenticity or falsity of data obtained during interrogation, examines the elements of verification, their significance for establishing the truth in a criminal case. It is proposed to trace correlations between the characteristics of the personality of a suspect in a crime and his choice of ways to counteract the investigation, distortion of the circumstances of the committed act.
Keywords: profiling, investigative actions, forensic lie detection, verification, identity of the suspect, microexpressions, crime investigation.
References
1. Madyanov A. V., Vasilyeva N. Yu., Bolkhovitina S. N. Using profiling and verification methods during preliminary investigation // Legal Concept. – 2022. – S. 23-25.
2. Cherkasova E. S. Profiling as a method of creating a psychological portrait of a potential criminal at the stage of organizing a preliminary investigation // Young scientist. – 2023. – S. 25-27.
CRIMINALISTICS
NUGAEVA Elvira Damirovna
Ph.D. in Law, associate professor, Head of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Administration under the Head of the Republic of Bashkortostan
FORENSIC CHARACTERISTICS OF CORRUPTION CRIMES COMMITTED BY EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
For Russia, corruption is one of the most serious problems hindering the solution of economic, social and other problems. Corruption, as a phenomenon, hints the development of the State apparatus, undermines the authority of the State and reduces the level of legal awareness of citizens. The articles conducts a study of elements of the forensic characterization of crimes of corruption committed by officers of internal affairs agencies. On the example of bribery-related crimes, the analysis of such elements of forensic characteristics as the environment and methods of committing crimes, the identity of the offender, the mechanism of investigation was carried out. It is concluded that the analysis of its elements and correlation links between them, contributes to the selection of a rational course of pre-trialinvestigation.
Keywords: corruption, internal affairs officers, forensic characteristics, criminal liability.
References
1. In Udmurtia, a former policeman was convicted for corruption crimes in the provision of funeral services. – [Electronic resource]. – Access mode: https://udm-info.ru/news/2023-04-03/esche-odin-byvshiy-politseyskiy-osuzhden-za-korruptsionnuyu-svyaz-s-ritualnym-biznesom-2892777 (date of access: 20.05 .2023).
2. The traffic police inspector in the Ivanovo region received a term for staging an accident. – [Electronic resource]. – Access mode: https://news1ivanovo.ru/post/inspektor-gibdd-v-ivanovskoy-oblasti-poluchil-srok-za-inscenirovku-dtp (date of access: 05/20/2023).
3. Kalashnikov I. V. Assessment of the current state of corruption in the internal affairs bodies of the Russian Federation // Legal and organizational foundations for combating corruption in law enforcement agencies: international and Russian experience: a collection of scientific papers. – M .: Mos.univer of the Ministry of Internal Affairs of Russia. – 2022. – P. 91-95.
4. Nikitina I. E., Nersesyan M. G., Sharapova I. D. Situational approach to the prevention of corruption crimes: forensic aspect // Theory and practice of forensic science. – 2019. – No. 3. – T. 14. – S. 90-99.
5. Assessment of the level of corruption in bodies, organizations, divisions of the Ministry of Internal Affairs of Russia and the effectiveness of anti-corruption measures taken: an analytical review. M.: VNII MIA of Russia. – 2022. – 41 p.
6. Potapov I. N., Bertovsky L. V. Methods of committing corruption crimes in the non-state sector of the economy and methods of their detection // Problems of Economics and Legal Practice: Journal. – M.: Yur-VAK, 2017. – No. 3. – P. 155-162.
7. Law enforcement officers entered into the funeral business. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4968113 (date of access: 20.05.2023).
8. Putin called for a resolute fight against corruption and protection of information resources: Politics: Russia: Lenta.ru. – [Electronic resource]. – Access mode: https://www.news/2022/12/20/putin_korrupcia/?ysclid=lgzc82hsbp28404185 (accessed 20.04.2023).
9. Statistics of corruption in Russia for 2022. The state of crime in Russia. – [Electronic resource]. – Access mode: https://komiss-korrup.ru/ (date of access: 05/23/2023).
10. Khalikov A. N. Operational-search activity to combat corruption crimes committed by government officials / 2nd ed., corrected. and additional – M.: RIOR: INFRA-M, 2013. – 342 p.
11. Tsepelev V. F., Martynenko N. E., Ishchuk Ya. G., Anosov A. G., Smolyaninov E. S. Organization of anti-corruption: a tutorial. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. – P. 68.
12. Divaeva I. R., Asmandiyarova N. R., Nugaeva E. D. et al. Countering corruption: criminal law, criminological, criminal procedure and forensic aspects. – Ufa, 2021. – 160 p.
CRIMINALISTICS
KHOREV Mikhail Vladimirovich
senior lecturer of Forensic science and customs sub-faculty of the Institute of Law and Management of the Tula State University
THE PROBLEM OF DETERMINING THE SOURCE OF INCREASED DANGER FOR THE PURPOSES OF FORENSICS
The article deals with the formation of mechanisms of careless crimes associated with sources of increased danger. The author’s classification of the mechanisms of this group of crimes is given. In addition, the features of the commission of careless crimes associated with sources of increased danger are indicated, in particular, the special role of the pre-criminal situation is noted. It is concluded that the mechanism of a careless crime provides an opportunity to understand the dynamic (temporal, sequential, situational, pre-criminal) side of the event.
Keywords: source of increased danger, complex technical system, careless crimes, crime mechanism, pre-criminal situation, criminal situation.
References
1. Bakhin V.P. Criminalistics. Problems and opinions (1962 – 2002). – Kyiv, 2002.
2. Belkin R. S. Criminalistics. Textbook for universities of the Ministry of Internal Affairs of the USSR. – M., 1987. – P. 6.
3. Golunsky S. A., Shaver B. M. Criminalistics. Methods of investigation of certain types of crimes. – M., 1939. – S. 25.
4. Grigoriev VN Investigation of crimes in emergency conditions. Diss. … Dr. jurid. Sciences. – M., 1993. – 546 p.
5. Gromov V. Material truth and scientific-criminal technique. – M., 1930. – S. 10.
6. Gromov V. Methods of investigating crimes. – M., 1929. – P. 49.
7. Evgeniev M. E. Methods and techniques for investigating crimes. – Kyiv, 1940. S. 29-31.
8. Kustov A. M. Forensic theory of the mechanism of crime. Diss. … doc. legal Sciences. – M., 1997. – 355 p.
9. Petrukhina O. A. investigation of environmental crimes. Tutorial. – M., 2015. – S. 23-27.
10. Popov E. A. Investigation of road traffic crimes committed with the participation of heavy vehicles. Abstract … cand. legal Sciences. – Kaliningrad, 2018. – P. 9, 15.
11. Yakimov I. N. Decree. slave. – P. 72-79.
CRIMINALISTICS
IGNATOV Dmitriy Andreevich
adjunct of postgraduate education of the Nizhny Novgorod Academy of the MIA of Russia
INSPECTION OF AN INTERNET-RESOURCE AS A WAY OF FIXING ELECTRONIC TRACES OF CRIMES WITH USING INFORMATIONAL AND TELECOMMUNICATIONAL TECHNOLOGIES
This article examines the investigative action “Inspection of an Internet-resource” from the position of fixing traces of crimes committed with using informational and telecommunicational technologies. The issues of the criminalistics component of this investigative action are also raised. The article analyzes the practice of using this type of inspection by investigative authorities on the example of the Ryazan region. The effectiveness of this investigative action is noted. Based on practice of using and the opinions of scientists, proposals are put forward on the procedure and tactic of conducting this type of inspection in the key of its optimization.
Keywords: inspection of an Internet-resource, crimes with using informational and telecommunicational technologies, fixing traces of a crime, criminalistical tactic.
References
1. Gerasimenko N. I., Gerasimenko E. V. Contents of the Internet resource inspection protocol // Law and Law. – 2020. – No. 6. – P. 165-166.
2. Denisov E. A. Screenshots in the system of criminal procedural evidence: questions of theory and practice // Issues of student science. – 2017. – No. 15. – P. 179-183.
3. Pershin A. N. Inspection of network information resources – a new type of investigative action? // Russian investigator. – 2020. – No. 1. – P. 13-16.
CRIMINALISTICS
ZADOROZHNY Artem Anatoljevich
competitor of Criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
SPECIFICS OF EXPERT EXAMINATIONS IN THE INVESTIGATION OF OFFENCES INVOLVING RADIO-CONTROLLED EXPLOSIVE DEVICES
The present work is relevant due to the fact that since the beginning of the special military operation on the territory of the Russian Federation the number of crimes involving the use of TLDs has increased. The purpose of the study: to analyze the peculiarities of expert examinations in the investigation of crimes in the course of which RWU were used. The material basis of the study was formed by the works of the following authors: V. A. Ruchkin, M. V. Bobovkin, O. S. Leinova, V. R. Lebedev and others. In addition, the regulatory legal acts of the Russian Federation were analyzed.
Keywords: expertise, explosive device, radio electronics, smartphone, digital trace, explosion engineering.
References
1. Lebedev V. R., Bachieva A. V. Vzryvotekhnicheskaya forensics as an element of forensic explosives // In the collection: Scientific heritage of forensic scientists of St. Petersburg. All-Russian Scientific and Practical Conference, dedicated to the 85th anniversary of I. A. Vozgrin and V. S. Burdanova. – 2014. – P. 147-150.
2. Leinova O. S., Bruevich M. Yu. Some issues of appointment and conduct of explosive expertise. // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 122-123.
3. Ozhegov S. I. Dictionary of the Russian language / Ed. Corresponding Member Academy of Sciences of the USSR N. Yu. Shvedova. 18th ed. – M.: Rus. lang., 1986. – 787 p.
4. Polyakov VV Carrying out forensic computer-technical expertise. // Proceedings of the Altai State University. Barnaul. – 2014. – No. 1. – P. 140-143.
5. Ruchkin V. A., Bobovkin M. V., Solovieva N. A. On the place of explosive and other examinations in the system of forensic examinations (controversial issues of their classification) // Forensic examination. – 2020. – No. 2 (62). – P. 27-37.
6. Forensic examinations in criminal proceedings: a textbook for universities / N. N. Ilyin and others; executive editor N. N. Ilyin. – Moscow: Yurayt Publishing House, 2023. – 212 p.
7. Usachev S. I. Possibilities of radio engineering expertise in the investigation of theft of funds and bank cards // Criminalistics: yesterday, today, tomorrow. M., 2018. – No. 1. – P. 52-56.
8. The FSB solved the murder of Daria Dugina. [Electronic resource]. – Access mode: https://lenta.ru/articles/2022/08/22/dugina/ (date of access: 08/04/2023).
CRIMINOLOGY
ZADOROZHNY Artem Anatoljevich
competitor of Criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
ON CERTAIN ASPECTS OF INCREASING THE ANTI-TERRORIST SECURITY OF OBJECTS OF MASS VISITATION OF PEOPLE
The article analyzes the legal problems of using such a technical and forensic means as a radio-controlled explosive device blocker. The paper also gives the author’s definition of such a concept as a “DITCH blocker”. In conclusion, it is proposed to make some changes, some of which will take into account the procedure for registering and obtaining permission to use RVU blockers, which will allow adjusting the procedure for their use in certain conditions. The article also presents a number of other recommendations in order to increase the anti-terrorist security of objects of mass visits of people. In particular, interdepartmental complex interaction aimed at the preventive development of the anti-terrorist criminal policy of the state.
Keywords: anti-terrorist security, radio-controlled explosive devices, technical and forensic means.
References
1. Kotkin P. N. Investigation of emergency situations related to explosions, fires and incapacitation of vehicles: monograph. – Moscow: Academy of Law and Administration of the Ministry of Internal Affairs of Russia, 2004.
2. Zemlina O. M., Gaditsky M. M. Legal characteristics of the anti-terrorist protection of railway transport facilities // Transport Law and Security. – 2020. – No. 2 (34).
CRIMINOLOGY
NESTERENKO Andrey Vladimirovich
senior lecturer of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CAUSAL COMPLEX OF CRIMINAL VIOLENCE IN RUSSIA
The article examines the determinants of criminal violence in Russia. The author comes to the conclusion that negative socio-economic, cultural, moral and socio-psychological factors have a primary influence on their causes and conditions. At the same time, the first ones are caused by negative aspects of state policy in the socio-economic field. The second, expressed in deformations of the spiritual and moral sphere. Still others are manifested by the presence of psychological tension in society.
Keywords: crime, causes and conditions, determinants, criminal violence, negative factors.
References
1. Keidunova E. R. Determination and the main directions of the prevention of violent crimes // News of higher educational institutions. North Caucasian region. Social Sciences. – 2014. – № 5.
2. Kostina E. Yu., Orlova N. A. Socio-economic determinants of crime in modern Russian society // All-Russian criminological journal. – 2018. – T. 12. No. 6.
3. Dzhakhbarov Yu. A. Spiritual and moral reasons for committing crimes in modern conditions // News of higher educational institutions. Sociology. Economy. Policy. – 2015. – № 3.
4. Prozumentov L.M., Shesler A.V. General social determinants of crime // All-Russian criminological journal. – 2018. – T. 12. No. 1.
5. Skorobogatov A. V. Determinants of legal behavior // Justice/Justice. – 2021. – Vol. 3. No. 3.
6. Yakob E. I. Violent crime in Russia: criminological characteristics, determinants, trends and prevention // Bulletin of the Khabarovsk State University of Economics and Law. – 2020. – No. 3 (104).
CRIMINOLOGY
NESTEROVA Svetlana Sergeevna
Ph.D. in Law, associate professor of Department of Law of the Institute of Economics, Management and Law of the Moscow State Pedagogical University
CRIMINOLOGICAL ASPECTS OF ECONOMIC CRIME
The article presents the criminological aspects of economic crime, its qualitative and quantitative aspects are considered in sufficient detail, identified when analyzing the dynamics of crimes, the degree of growth/decline, latency coefficient, close relationship with other criminal manifestations, prevalence in the territory of the Russian Federation, the level of response to social transformations, etc. Based primarily on official statistics over the past few years, the author has found quite tangible negative trends in the dynamics of crimes committed in the economic sphere.
Keywords: economic crime, market relations, dynamics, the proportion of crimes in the economic sphere, trends in economic crime, quantitative and qualitative indicators of crime.
Pristateybibliographic list
1. Novoselova S. S. “Problems of qualification of crimes in the sphere of economic activity: textbook: in 2 hours – Part 1.- M .: MGPU, 2018.
2. Rudaya T. Yu. General characteristics of economic crime in Russia // Yurist-Pravoved. – 2015. – No. 2 (69).
PROSECUTION
SHOWA Oleg Nugzarovich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
PROSECUTOR’S SUPERVISION OVER PLACES OF DEPRIVATION OF LIBERTY
The article points out the importance of the study of the prosecutor’s supervision of places of deprivation of liberty. The great importance of the Prosecutor’s office in solving the problem of compliance with the requirements of Russian legislation, including in the framework of the activities of criminal correctional institutions, is noted. The definition of the prosecutor’s supervision of places of deprivation of liberty is presented; its essence is considered, for which special attention is paid to the allocation of the subject of the relevant prosecutor’s activities. The necessity of improving the Russian legislation regulating the activities of the Prosecutor’s office in the Russian Federation, in particular, in the direction under study, is noted.
Keywords: prosecutor’s supervision, prosecutor, places of deprivation of liberty, penal correctional institutions, functions, legality, citizens’ rights, criminal proceedings, convicts.
References
1. Demina E. P. On the issue of the concept, goals, functions and legal status of the ombudsman // Collection of articles of the International Scientific and Practical Conference “Law enforcement and human rights activities: yesterday, today, tomorrow” (Moscow, November 13, 2020) – 2020. – P. 63-69.
2. Demina E. P., Sangadzhieva K. V. Influence of legal consciousness on the content of guarantees of the rights and freedoms of citizens in the conditions of the development of the information society // Law and Management. – 2023. – S. 23-30.
3. Zhubrin R. V. Criminal prosecution as a function of the prosecutor’s office of the Russian Federation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2020. – No. 2. – P. 22-25.
4. Isaenko VN Public prosecution in the system of criminal procedure functions // Actual problems of Russian law. – 2019. – No. 1 (98). – P. 163-167.
5. Koreshnikova N. R. The functions of the prosecutor in the criminal process in the context of the constitutional principle of separation of powers // Siberian Legal Review. – 2022. – No. 4. – P. 97-105.
6. Kurilov M. V., Litvintseva N. Yu. Criminal prosecution as a function of the Russian prosecutor’s office // Global & regional research. – 2020. – V. 2. No. 1. – P. 616-619.
7. Nikitin E. L., Kustov M. N. Prosecutorial supervision over the execution of laws by the administrations of bodies and institutions executing punishment, places of detention of detainees and prisoners. – St. Petersburg, 2018. – 64 p.
8. Potapov D. V., Potapova L. V. The prospect of creating a digital platform in the activities of the prosecutor’s office of the Russian Federation // Crimean Legal Readings. Crime and society. – Simferopol, 2018. – T. 1. – P. 118-121.
9. Rizaeva D. E, Manna A. A. K. General characteristics of the circumstances excluding criminal liability in France and Germany // Bulletin of the Vladimir Law Institute. – 2016. – No. 4 (41). – P. 188-194.
10. Salimzhanov D. N. Essence and content of prosecutorial supervision in places of execution of criminal punishment in the form of deprivation of liberty // Bulletin of Economics, Management and Law. – 2019. – No. 2. – S. 29-35.
LAW ENFORCEMENT
ANIKEENKO Alexander Alexandrovich
Head of the Taganrog Law Enforcement Department of the MIA of Russia on transport, lieutenant colonel of police
UNIFIED STATE INFORMATION SYSTEM FOR ENSURING TRANSPORT SECURITY AS A MEANS OF INFORMATION AND TECHNICAL SUPPORT FOR OPERATIONAL INVESTIGATIVE ACTIVITIES AT TRANSPORT INFRASTRUCTURE FACILITIES
The article deals with the problems of information and technical support for the operational investigative activities of internal affairs bodies in transport in the context of their interaction with the Ministry of Transport of Russia. The article analyzes the problems of using the Unified State Information System for Ensuring Transport Security in the operational investigative activities of internal affairs bodies in transport. Particular attention is paid to the need for further development of information and technical support mechanisms for operational investigative activities at transport infrastructure facilities in view of the aggravation of threats to transport security in modern realities.
Keywords: operational and investigative activities, information and technical support for operational and investigative activities, transport security, internal affairs bodies in transport, unified state information system for ensuring transport security.
References
1. Chaptykov O. A., Kharitonov A. N., Mokhovikov O. V. Peculiarities of work of operational-search units of the transport police // Transport Law and Security. – 2021. – No. 3 (39). – P. 221-226.
2. Chetvergov A. V., Abramov A. Yu. The specifics of the organization of operational-search activities in the internal affairs bodies in transport // Jurisprudence in theory and practice: current issues and modern aspects: collection of articles of the IV International scientific and practical conference. – Penza, 2020. – P. 239-242.
3. Shakhmatov A. V., Sidorenko A. V. Operative records as an element of the information support system for the operational-search activity of the Internal Affairs Department // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2007. – No. 2 (34). – S. 87-91.
LAW ENFORCEMENT
VINOKUROV Vladimir Anatoljevich
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev Saint Petersburg University of the EMERCOM of Russia, Honored lawyer of the Russian Federation
SHMANTSAR Dmitriy Alexandrovich
investigator of the Department of Supervision and Preventive Work in the Karachevsky district of the Department of Supervision and Preventive Work of the Main Department of the Ministry of Emergency Situations of Russia in the Bryansk region
DESTRUCTION OR DAMAGE OF PROPERTY BY NEGLIGENCE: THE NEED TO DECRIMINALIZE THE COMPOSITION OR THE NEED TO CHANGE THE DISPOSITION AND SANCTIONS
The article is dedicated to the problems related to the criminal prosecution of individuals (citizens of the Russian Federation, foreign citizens and stateless persons) under Article 168 of the Criminal Code of the Russian Federation, referred to as “Destruction or damage to property by negligence”.
The analysis of the disposition of Article 168 of the Criminal Code of the Russian Federation was carried out, the problems related to the implementation by the investigators of the Federal Fire Service of the Ministry of Emergency Situations of Russia of the powers to form criminal cases in connection with the destruction or damage to property by negligence, including the issues of expertise and determining the amount of damage. In the scientific and practical sense, the article raises the issues of compliance with the fundamental principle of criminal law – the restoration of social justice.
In order to further decriminalize the crime provided for in Article 168 of the Crimi-nal Code of the Russian Federation as not having a great public danger, the authors formulated proposals to amend the said Code, as well as the Code of Administrative Offences of the Russia.
Keywords: Constitution of the Russian Federation; Criminal Code of the Russian Federation, Code of Criminal Procedure of the Russian Federation; investigator of the Ministry of Emergency Situations of Russia; destruction or damage to property by negligence; sources of increased danger; decriminalization.
References
1. Eliseev S. A., Chernousova A. V. Controversial issues of qualification of causing property damage under Art. 168 of the Criminal Code of the Russian Federation // Siberian Legal Bulletin. – 2018. – No. 1 (80). – P. 84-89.
2. Maystrenko G. A. To the question of the need to revise the concepts of “large damage”, “especially large damage” in the criminal legislation of Russia // Education and Law. – 2022. – No. 3. P. 279-283.
3. Lopashenko N. A. Cost expression of a large (especially large) amount of income, damage, debt in relation to crimes in the sphere of economic activity // All-Russian Criminological Journal. – 2021. – V. 15. No. 2. – S. 220-228.
4. Varlygin L. D. On the concept of a source of increased danger // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – № 2. – P. 34-36.
5. Solomina N. G. On the question of the relationship between the concepts of “source of increased danger” and “activity that creates increased danger to others” // Power of Law. – 2015. – No. 2 (22). – P. 61-69.
6. Koval S. P., Tsvetkov M. Yu. Destruction (damage) of property by negligence in the criminal legislation of Russia and foreign countries // Bulletin of the Ivanovo State University. – 2019. – No. 1 2. – P. 74-80.
7. Talanov N. A., Zorina E. A., Vakhmistrova S. I., Kozhevnikova N. A. On the issue of criminal liability for the destruction or damage to property through negligence // Society: politics, economics, law. – 2022. – No. 7. – P. 68-74.
LAW ENFORCEMENT
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training state and Municipal Employees of the Academy of the FPs of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of social psychology and social work sub-faculty of the Academy of the FPs of Russia
SOCIAL GUARANTEES OF EMPLOYEES OF THE PENITENTIARY SYSTEM: CERTAIN ASPECTS OF MEDICAL SUPPORT
The article discusses the organization of certain areas of social security and social work with citizens and law enforcement officers. Changes in legislation and departmental regulatory legal acts leading to the separation of employees, the reissue of documents (medical records) without fail in the form of attachment to departmental polyclinics. The shortage of personnel of medical units, as well as the necessary medical equipment, does not fully ensure the organization of medical care, guaranteed not only by the basic law of the state, legislation on the basics of healthcare, but also by departmental regulatory legal acts. The absence and prohibition of the availability of compulsory health insurance policies for such a category of citizens prevents them from receiving medical services in other institutions on a free basis. The authors consider situations of non-provision of necessary services and give suggestions for changing the situation.
Keywords: legislation, social work, social security, medical care, protection of citizens’ rights.
Reference list
1. B. V. Aleksandrov, O. G. Anan’ev, E. O. Anan’eva, A. M. Andreev, V. N. Kazantsev, D. I. Kechil, A. A. Kozlova, and M. I. Kuznetsov, Tavtilova N. N., Kholopova E. Yu., Erlikhson I. M. Social guarantees for employees of the penitentiary system // Textbook in diagrams and tables. – Ryazan, 2022. – 285 p.
2. Ananyeva E. O., Abovyan E. P. Problematic issues of legal regulation of the organization of social work with employees of the penitentiary system // Agrarian and land law. – 2023. – No. 4 (220). – pp. 178-180.
3. Brylyakova E.S. Separate legal aspects of medical support for employees of the penitentiary system // Bulletin of the Kuzbass Institute. – 2021. – No. 4 (49). – pp. 163-176.
4. Ananyeva E. O., Makhiboroda M. N., Yunusova K. V. On the development of private medicine in conditions of restrictions and new risks // Bulletin of the Tomsk State University. Right. – 2023. – No. 47. – pp. 144-161.
5. Medical and sanatorium-resort support for personnel. – [Electronic resource]. – Access mode: https://fsin.gov.ru/structure/medicine/mols/. (date of access: 07/01/2023).
6. Decree of the Government of the Russian Federation of April 24, 2019 No. 491 “On the procedure for medical support for employees with special ranks and serving in institutions and bodies of the penitentiary system of the Russian Federation, customs authorities of the Russian Federation and the federal fire service of the State Fire Service, certain categories citizens of the Russian Federation dismissed from service in these institutions and bodies, the federal fire service of the State Fire Service, members of their families and dependents, in medical organizations of the penitentiary system of the Russian Federation, … – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/72131260/ (date of access: 07/01/2023).
LAW ENFORCEMENT
DEMIDOV Vladimir Pavlovich
Ph.D. in science philosophicals, associate professor of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROVA Anna Yurjevna
Ph.D. in political sciences, associate professor of Humanitarian Institute of Higher School of International Relations of Peter the Great St. Petersburg Polytechnic University
MELNIKOV Sergey Vladimirovich
Head of the legal group of Ruselprom-LZZ LLC
THE IMPACT OF DIGITALIZATION ON THE STATE OF CORRUPTION
Corruption is a dangerous deforming factor that negatively affects the development of the most important sectors of the national economy, which negatively affects the implementation of strategic tasks facing the state vertical of power to overcome the impact of corruption elements on the effectiveness of the implementation of public administration functions in certain areas of industry. The purpose of the study is to identify the features of corruption processes in the context of digitalization of the main aspects of the development of the public administration system. Within the framework of this article, the following methods are used: constructive-legal and formal-analytical. They logically correspond to the direction of this scientific development and are implemented in the complexity of approaches to the study and analysis of issues of scientific importance for the state of legal regulation of anti-corruption problems in our state. As a result of the analysis of the key points in the fight against corruption manifestations in the studied areas of the development of the national economic complex, specific features of the use of digital technologies that affect the forms of corruption impact have been identified. It has been established that digitalization creates new opportunities to overcome the influence of corruption in the implementation of the functions of state power in relation to specific areas of activity of modern Russian society.
Keywords: сorruption, corruption processes, anti-corruption, digitalization, digital technologies.
References
1. Kulagina N. A. Digital transformation monitoring as a condition for the strategic development of regional economic systems // Economic Sciences. – 2021. – No. 203. – P. 63-69. – DOI 10.14451/1.203.63. – EDN DCGTQQ.
2. Udaltsova N. L. Digital transformation of the economy // Economic sciences. – 2018. – No. 168. – P. 15-19. – EDN YYGDPF.
3. Abramov V. I. Contours of the anti-criminal and anti-corruption model for ensuring economic security based on digital technologies for supporting the economic activity of business agents // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 320‒323. – [Electronic resource]. – Access mode: https://doi.org/10.24412/2073-0454-2021-6-320-323 (date of access: 08/16/2023).
4. Statistics: GOVERNMENT EXPENDITURE, Accounts Chamber of the Russian Federation. – [Electronic resource]. – Access mode: https://spending.gov.ru/budget/fkr/02/?year=2022.
5. Nikitin A. N., Amonuloev Sh. P. Corruption crime in the execution of the state defense order in the interests of the Ministry of Defense of the Russian Federation (problem statement) // Military Law. – 2020. – S. 208.
6. Orlov A. V. Separate aspects of state policy in the field of counteraction to corruption crimes in the implementation of the state defense order // Vestnik MFYuA. – 2021. – No. 4. – P. 46-54.
7. Kabytov P. P. Analysis of the content and structure of the contract system in the field of procurement of goods, works, services to ensure state and municipal needs // Bulletin of St. Petersburg University. Right. – 2020. – 11 (3). – P. 601-624.
8. Petroshenko A. I., Palyukh A. I., Splender V. A. The use of automated systems in financing procurement to ensure the military-economic security of the state: problems and ways to solve them // Bulletin of Eurasian Science. – 2020. – No. 12 (2). – P. 60.
9. Yakovleva E. A., Tolochko I. A. Instruments and methods of digital transformation // Issues of innovative economics. – 2021. – Volume 11. – No. 2. – P. 415-430. – DOI: 10.18334/vinec.11.2.112016.
10. Altukhov A. V., Kashkin S. Yu., Molchanov N. A. Platform law of public-private partnership in the field of the military-industrial complex // Military Thought – 2021. – No. 10. – P. 11-20.
LAW ENFORCEMENT
CHERNOMOR Anna Dmitrievna
senior inspector of the Organizational-analytical department of the Academy of Management of the MIA of Russia
FORMATION OF THE MAIN DIRECTIONS OF COOPERATION BETWEEN THE MASS MEDIA AND INTERNAL AFFAIRS BODIES
The article examines the historical stages of the formation of the directions of interaction between the mass media and the internal affairs bodies. Statistical data are presented showing that with the development of information and digitalization processes, there is an increase in public confidence in the internal affairs bodies, which makes it possible to judge the effectiveness of the established and developing information dialogue between citizens and internal affairs bodies implemented through the mass media. Three main directions of improving the interaction between the internal affairs bodies and the media are identified.
Keywords: mass media, internal affairs bodies, interaction, communication corridor, public control.
References
1. Boeva M.A., Sergunova A.S. Mechanism for the implementation of public control over the activities of the police // Public control. Victimology. 2018. No. 4 (18). pp. 78-82. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mehanizm-osuschestvleniya-obschestvennogo-kontrolya-za-deyatelnostyu-politsii?ysclid=lkjr31ozoe27772903 (accessed 26.07.2023).
2. Komlev Yu. Yu. Optimization of the interaction between internal affairs bodies and the media in modern Russian society: dis. … doc. social Sciences: 22.00.04. Ufa, 2002. 372 p. [Electronic resource]. – Access mode: https://www.dissercat.com/content/optimizatsiya-vzaimodeistviya-organov-vnutrennikh-del-i-sredstv-massovoi-informatsii-v-sovre?ysclid=lkkx0cq5ck757705558 (date of access: 20.07.2023).
3. Namrueva E. V., Ilyanova O. I. Technology of interaction between internal affairs bodies and the mass media // Textbook. M. Academy of Management of the Ministry of Internal Affairs of Russia, 2021. 100 p.
4. Public Council under the Ministry of Internal Affairs of Russia. Report on the work of the Public Council under the Ministry of Internal Affairs of Russia for 2020-2022. [Electronic resource]. – Access mode: https://xn--n1ag.xn--b1aew.xn--p1ai/document/37311790 (date of access: 07/27/2023).
5. Talalaev A. N. Some aspects of the interaction of internal affairs bodies and the media on the protection of law and order in the Russian Federation. — Text: direct // Young scientist. 2020. No. 17 (307). pp. 238-240. [Electronic resource]. – Access mode: https://moluch.ru/archive/307/69141/ (date of access: 07/26/2023).
6. Kharkova O. M. Administrative reform in Russia [Electronic resource]: textbook; Orenburg state. un-t. Orenburg: OGU, 2019. 134 p.
SAFETY AND LAW
ABAZOV Islam Sultanovich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
MAGOMEDOV Murad Nasrullaevich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
INFORMATION SUPPORT AND PROPAGANDA OF TERRORISM
Today, social networks have become a powerful tool for manipulating the consciousness and behavior of young people, capable of effectively influencing public opinion, both in Russia and abroad. They present youth extremist associations with new opportunities to ensure the formation and functioning of “autonomous cells” – low-level and the foundations of any terrorist organization. To control large masses of people with the help of the media, fear is mainly exploited in order to mythologize the threat of terrorism in the public consciousness. This is a network of ideology of intimidation, creating the notorious “strategy of tension”, destabilizing not only the state, but also society. And despite some preventive measures taken by the Government and the State Duma of the Russian Federation, they are clearly insufficient in the light of the current situation to effectively counter the spread of terrorist ideology and its propaganda among young people, especially since its forms and types are becoming more diverse and dangerous every day. This work is devoted to the analysis of the causes of this phenomenon and suggestions for correcting the situation.
Keywords: terrorism, social networks, propaganda, special military operation.
References
1. Abazov I. S., Voskoboev A. I. Extremism and terrorism as products of globalization // Eurasian Law Journal. – 2021. – No. 8 (159). – P. 214-216.
2. Magomedov M. N. The nature and variability of modern terrorism // Eurasian legal journal. – 2022. – No. 7 (170). – P. 414-415.
3. Mkrtchyan A. A., Frizen I. A. Interethnic conflicts and national security of Russia // In the collection: Actual problems of strengthening legality and law and order in modern Russia. Materials of the All-Russian scientific-practical conference. Edited by V. Yu. Golubovsky, I. A. Burmistrov. Comp. I. Yu. Nikodimov. – Moscow, 2022. – P. 381-387.
4. Prosvirkina K. S., Khokhlov N. I. Factors causing the emergence and development of terrorism // In the collection: Actual problems of countering the ideology of terrorism and extremism in modern society. Materials of city scientific-practical conference. – 2018. – S. 148-150.
SAFETY AND LAW
GUNDERICH Galina Albertovna
Ph.D. in technical sciences, associate professor of State and legal disciplines sub-faculty of the Crimean Institute of Law (branch) of the University of the Prosecutor’s Office of the Russian Federation
CRIMES AGAINST THE PERSON COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
The article deals with crimes against the person committed using information and telecommunication technologies. Crimes in the field of computer information include a large number of criminal acts committed with the help of information and telecommunication technologies, including through the Internet. Over the past decades, computer crime has significantly transformed, covering more and more new spheres of public relations. In recent years, significant changes have been made to the Criminal Code of the Russian Federation to improve the effectiveness of combating crimes committed using computer technology. At the same time, these measures are not enough to successfully combat crimes of the type under study, since the legislator does not always have time to track changes in the vector of socially dangerous acts committed using information and telecommunications networks, which affects the quality of law enforcement and preventive activities.
Keywords: computer crimes, cyberbullying, crimes against the person, torrent tracker, information and telecommunication technologies, Internet.
References
1. Berry Dee, Christopher. Morris, Steven. Killers on the Web: True Stories of Internet Cannibals, Murderers and Sex Criminals. London: John Blake Publishing Ltd., 2006.
2. Internet homicide. [Electronic resource]. – Access mode: http://en.wikipedia.org/wiki/Internet_homicide#Notable_Internethomicide.
3. Murder by Internet: new cybercrimes emerging by 2014. [Electronic resource]. – Access mode: http://www.techjournal.org /2012/12/ murder-by-internet-new-cyber-crimes-emerging-by-2014/ 80.
4. Sashenkov S. A. Criminogenic influence of social networks on minors // Bulletin of the VI Ministry of Internal Affairs of Russia. 2015. No. 3.
5. Wu L., Du X., Fu X. Security threats to mobile multimedia applications: Camera-based attacks on mobile phones // IEEE Communications Magazine. 2014. No. 3. Vol. 52.
SAFETY AND LAW
DOSAKAEV Alimberdi Bazarbievich
senior lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MIGRATION – NEW REALITIES OF OUR TIME: PROBLEMS OF LAW ENFORCEMENT PRACTICE
Through the use of various methods of scientific research, the article analyzes law enforcement practice on the issues of combating illegal migration. The results of this study are based on a broad analytical study and generalization of scientific and regulatory sources. The given statistical data in the article on the commission of crimes by foreign citizens on the territory of the Russian Federation reflect the complexity of the migration situation.
Keywords: migration processes, migration, offense, crime, legal liability, migration policy.
References
1. Andrichenko L. V., Plyugina I. V. Migration legislation of the Russian Federation: development trends and application practice: monograph // IZiSP. – M.: NORMA, INFRA-M, 2019. – 392 p.
2. Sovetov D. I. Directions for overcoming the problems of migration policy in the Russian Federation // Migration law. – 2022. – No. 3. – P. 3-6.
3. Migrants in Russia are waiting for the “controlled stay” regime: what does it mean // Official website of Komsomolskaya Pravda. [Electronic resource]. – Access mode: https://www.kp.ru/daily/27466/4722318/ (date of access: 06/26/2023).
4. Andryushenkov V. A. Illegal migration: problems of qualification. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nezakonnaya-migratsiya-problemy-kvalifikatsii (Accessed 26.06.2023).
5. Pichugin DG Legal and procedural problems of the production of inquiry in criminal cases on illegal crossing of the state border // Russian investigator. – 2008. – No. 11. – S. 7-9.
SAFETY AND LAW
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute For Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ROMANOV Anton Alexandrovich
Ph.D. in Law, Head of Fire training and special tactical training sub-faculty of the Ufa Law Institute of the MIA of Russia, colonel of police
URUSOVA Laura Khabalovna
senior lecturer of State and civil law disciplines sub-faculty of the North Caucasus Institute For Advanced Training (branch) of the Krasnodar University of the MIA of Russia
IMPACT OF SANCTIONS ON THE RUSSIAN INFORMATION SECURITY MARKET
The article deals with the impact of sanctions on the Russian market of information technology and information security. The sanctions have had an impact on all spheres of life in Russian society. Sanctions have had a particular impact on the information technology and security market. This is explained by the fact that this area was in the maximum dependence on foreign products. Thus, almost 80% of the market for software and hardware technologies was represented by Western developments. Domestic products were presented more in the field of information security, since this area was regulated by government agencies, however, the quality of these products did not allow to completely stop cyber attacks. It is necessary in the current conditions to form a domestic market for information and software products that meets all the requirements of a modern cybersecurity system. However, in order to develop these products and technological solutions, it is necessary to analyze the problems that currently exist in the Russian information security market.
Keywords: security, sanctions, software, information technology, cybercrime, cyberattacks, import substitution.
References
1. Decree of the President of the Russian Federation of December 5, 2016 No. 646 “On Approval of the Doctrine of Information Security of the Russian Federation”.
2. Dunduev K. B. The impact of sanctions on the IT sector in Russia // Modern social and economic processes: problems, trends, prospects for regional development. – 2023. – No. 1. – P. 30-32.
3. The expert believes that sanctions will accelerate the digital transformation processes in Russia. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/14083299?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 07/20/2023).
4. Sanctions and restrictions in the field of high technologies against Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru (date of access: 07/21/2023).
STATE AND LAW
BIYARSLANOVA Imaniyat Rustamovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
DENIKAYEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
THE PRINCIPLE OF SEPARATION OF POWERS AND ITS IMPLEMENTATION IN MODERN RUSSIA
The article is dedicated to the actual problem of the implementation of the principle of separation of powers and its implementation in modern Russia. The article reveals the problem of implementing the principle of separation of powers in the activities of state bodies of Russia based on the analysis of constitutional and legal norms, the main of which is enshrined in Article 10 of the Constitution of the Russian Federation. Since the Constitution of the Russian Federation has the highest legal force, and nothing can contradict the fundamentals of this law, the protection, implementation and activities of public authorities are important and relevant in any time period of the life of citizens and the state as a wholesale. The practice of its implementation in various states is analyzed. Modern scientific approaches to understanding the principle of separation of powers are also investigated.
Keywords: power, principle, state bodies, separation of powers, Constitution of the Russian Federation, principle of separation of powers, branches of government, system of checks and balances, rule of law, state administration.
References
1. Bashinsky D. V. Problematicissues of implementing the principle of separation of powers at the level of subjects of the Russian Federation // Alley of Science. – 2021. – No. 6 (57). – P. 601-606.
2. Seifert A. Yu. Problems of implementation of the principle of separation of powers in the constituent entities of the Russian Federation // Alley of Science. – 2021. – T. 1. No. 7 (58). – P. 519-524.
3. Lysykh A. A. The principle of separation of powers in support of small and medium-sized businesses / A. A. Lysykh // Laws of Russia: experience, analysis, practice. – 2021. – No. 10. – P. 95-97.
4. Pakhomov V.G. The principle of separation of powers as a legal problem // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 40-43.
5. Fedorova A. A. The principle of separation of powers and its implementation in modern Russia // Scientific and educational potential of youth in solving urgent problems of the XXI century. – 2021. – No. 17. – P. 348-350.
STATE AND LAW
CHERNOVA Olga Anatoljevna
PhD in Law, associate professor of State and legal disciplines sub-faculty of the Pacific State University, Khabarovsk
ELINA Anastasia Vladimirovna
master’s degree in law, legal adviser of the 2nd category, interdistrict Department of Private Security branch of the FGKU” Department of private security of troops of the National Guard of the Russian Federation for the Khabarovsk region “
CURRENT ISSUES OF SUPERVISION ACTIVITIES PROSECUTION BODIES IN THE ASPECT OF PREVENTION OF OFFENSES AND CRIMES
The article examines the essence of crime prevention and crime prevention activities, shows its importance in the work of all state bodies, including the prosecutor’s office. The authors identified problems of legislative support of crime prevention caused by the conflict of laws of the current of federal legislation on prevention, the absence of a single legal terminology. Great importance is attached to the competence of prosecutors in the implementation of measures for the prevention and supervision of the execution of laws, the areas of activity of the public prosecutor’s office for the prevention of criminal offenses are highlighted. Specific proposals have been developed and made to improve the legislation of the Russian Federation on the Prosecutor’s Office, the prevention of offenses and crimes, the formulation of legal definitions of “offense prevention”, “anti-social behavior”, which may be required in law making activities.
Keywords: public prosecutor’s office, supervision, supervisory activity of the public prosecutor’s office, prevention, preventive function, activities of the public prosecutor’s office to prevent crime.
References
1. On the basics of the crime prevention system in the Russian Federation: Feder. Law of June 23, 2016 No. 182-FZ // Collection of Legislation of the Russian Federation. – 2016. – No. 26 (part 1). – Art. 3851.
2. On the Prosecutor’s Office of the Russian Federation: Feder. Law of January 17, 1992 No. 2202-1 // Collection of Legislation of the Russian Federation. – 1995. – No. 47. – Art. 4472.
3. On the organization of work on legal education and legal information in the prosecutor’s office of the Russian Federation: order of the Prosecutor General of the Russian Federation dated 02.08.2018 No. 471 // Legality. – 2018. – No. 9.
4. Pisarevskaya E. A. On the issue of the implementation of the preventive function by the prosecutor’s office of the Russian Federation // Criminal Justice. – 2021. – No. 18. – P. 110-114.
STATE AND LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
ON THE ISSUE OF IMPLEMENTING THE PRINCIPLES OF CLIENT-CENTRICITY IN THE ACTIVITIES OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
The paper examines the concept of a client-centric approach and the specifics of its application in public administration, highlights aspects of the application of the principles of client-centricity in the activities of the Federal Penitentiary Service. Special attention is paid to the feasibility of testing new tools and methodologies, including design thinking. The role of using modern information and communication technologies to solve the problems of transition to a client-centered management model is emphasized.
Keywords: public administration, digitalization, public services, client-centricity, design thinking, digital technologies, Penal System.
References
1. Fader P., Toms S. Client centricity. Relationships with consumers in the digital age. – M.: Alpina Publisher, 2021. – 190 p.
2. Teplyashin P. V. Client-centric approach in the penitentiary system: issues of legal conditionality and problems of legal regulation // V International Penitentiary Forum “Crime, Punishment, Correction” (dedicated to the Year of Science and Technology in the Russian Federation in 2021) : Collection of abstracts of speeches and reports of participants. In 9 volumes, Ryazan, November 17-19, 2021. Volume 1. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2021. – P. 260-265.
3. Abramov V. I., Churkin D. A. Evaluation of the level of maturity of the customer relationship management system. Bulletin of the University. – 2022. – No. 12. – P. 5-13.
4. Martynova T. L. On the development of e-justice // Judicial reform in Russia: past, present, future (Kutafinsky readings): Sat. report VII Intern. scientific-practical. conf. – M., 2015.
PEDAGOGY AND LAW
DAVIDENKO Alla Ivanovna
Ph.D. in pedagogical sciences, associate professor, professor of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
UMATKULOVA Regina Radikovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
FORMATION OF SKILLS OF SAFE AND SKILLFUL HANDLING OF WEAPONS IN THE IMPLEMENTATION OF FIRE TRAINING STANDARDS
The article discusses the main ways of forming a safe and skillful handling of weapons and the factors preventing this. The authors reveal in detail the methodology of teaching in fire training classes in order to obtain the best result of mastering the necessary skills in handling weapons and ammunition by trainees. As a result, the authors conclude that regular compliance with standards in the process of conducting training sessions on fire training is not only an effective method of consolidating the acquired theoretical knowledge by trainees, but also an effective way of warming up, directly applied before shooting , training coordination qualities that allow you to constantly monitor weapons, the position of parts of your body, thereby eliminating unsafe actions with weapons.
Keywords: security measures, weapons, ammunition, regulations, fire training, police officer.
References
1. Bondarev A. V. Fire training for students of private and junior commanding staff. – Guidelines. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of the Russian Federation, 2019. – 30 p.
2. Davidenko A. I. Problems of compliance with security measures when handling firearms and pistol firing ammunition: guidelines. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2019. – 63 p.
3. Davidenko A. I. Bondarev A. V. Methods of accelerated training in shooting from a Makarov pistol: a teaching aid. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2020. – 50 p.
4. Davidenko A. I., Frolov A. A., Bondarev A. V. Fire training of employees of the Ministry of Internal Affairs of Russia: a textbook. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2021. – 61 p.
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
PSYCHOLOGICAL AND PEDAGOGICAL ASPECTS OF WORK WITH JUVENILE CONVICTS HELD IN EDUCATIONAL COLONIES
This article explores the psychological and pedagogical aspects of working with juvenile convicts held in educational colonies. She discusses the role of psychologists and educators in the development of juvenile convicts, as well as methods and strategies used in working with these groups of persons. The article also analyzes the features of psychological and pedagogical support of juvenile convicts, as well as their reintegration into society after serving their sentence.
Keywords: psychological and pedagogical support of juvenile convicts, juvenile convicts, illegal behavior, educational colonies.
References
1. Consultant Plus. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 18.07.2023).
2. Guseva E. V. Psychological and pedagogical features of educational work with convicted juveniles // Bulletin of the Samara Law Institute. – 2019. – No. 4 (35). – P. 111-114.
3. Efimenko A. A. Somee features of the organization of educational work with juvenile convicts in penitentiary institutions // Bulletin of the Tomsk Institute for Advanced Studies of Workers of the Federal Penitentiary Service of Russia. – 2021. – No. 2 (8). – P. 131-135.
4. Efimenko A. A., Sidakova M. A. The study of the psychological properties of the consciousness of convicts studying in the graduating classes of a general education school in places of deprivation of liberty // Kirov: Questions of modern science and practice. Scientific and practical journal. – 2020. – No. 3 (2) – P. 98-100.
5. Zorina N. S., Radchenko E. P. Psychological support of minors convicted in educational colonies // Eurasian legal journal. – 2023. – No. 3 (178). – P. 322-323.
6. Fedorov A. F., Suslov Psychological-pedagogical and legal aspects of work with juvenile convicts held in educational colonies // Modern scientist. – 2019. – No. 2. – S. 298-302.
7. Stroeva GV Educational and developmental potential of the moral education of convicts // Man and education. – 2006. – No. 8, 9. – P. 80.
PEDAGOGY AND LAW
ZYATEV Herman Igorevich
Priest, Cleric of the Holy Trinity Convent of Murom of the Russian Orthodox Church, Master of Theology
THE BASIC PRINCIPLES AND FORMS OF SPIRITUAL AND MORAL EDUCATION OF SCHOOLCHILDREN IN THE MODERN EDUCATIONAL SYSTEM
Priest Herman Zyatev
The article analyzes the main levels and approaches to the implementation of the model of spiritual and moral education in the modern educational system. The ontological and methodological level of the educational process is analyzed in detail on the example of secular and spiritual education. In conclusion, it is emphasized that the need for interaction between secular educational institutions and the Russian Orthodox Church is dictated by two factors: religious (to help a person follow the path of spiritual and moral perfection and achieve salvation of the soul), as well as ethical: to help a person in the modern world to preserve and strengthen spiritual and moral qualities.
Keywords: spiritual and moral development, school, Church, education, development, pedagogy, upbringing.
References
1. Arkhipova L. V. Spiritual and moral education in the Sunday school format // Idnakar: methods of historical and cultural reconstruction. – M., 2017. – No. 1 (34). – S. 36-45.
2. Drozd K.V. Event-related community of subjects of the educational space “school-university” as a factor in the formation of the subjectivity of future teachers // Modern Pedagogical Education. – M., 2020. – No. 11. – P. 161-166.
3. Zenkovsky VV Problems of education in the light of Orthodox anthropology. – Klin: Christian Life Foundation, 2002. – 331 p.
4. Ilchenko V. I., Tokmacheva M. A. Personally oriented pedagogy of leadership part II. The initial formation of a leader in the Christocentric educational space of the family as a small church // Volodymyr Dahl Lugansk National University. – Lugansk, 2019. – No. 1 (5). – P. 83-89.
5. Kaleda Gleb, prot. Tasks, principles and forms of Orthodox education in modern conditions // Fathers, mothers, children: Orthodox education and the modern world. M., 2001. – 52 p.
6. Kolesnikov S. A. Personality and family in Orthodox pedagogy V. V. Zenkovsky // Proceedings of the Belgorod Theological Seminary. – Belgorod, 2017. – No. 5. – P. 53-71.
7. Kosolapov R. A, Kosolapova T. V. Education of spirituality as an ontological problem // Bulletin of the Krasnoyarsk State Pedagogical University. V. P. Astafieva. – Krasnoyarsk, 2016. – No. 4 (38). – P. 15-19.
8. Lossky VN Essay on the mystical theology of the Eastern Church. dogmatic theology. – M., 2010. – 586 p.
9. Manoilova M. A. Orthodox upbringing of children in the family // Modern family: Orthodox tradition and modernity. – Pskov: Pskov State University, 2019. – P. 49-54.
10. Prokosheva E. D. On the issue of the system of principles in Orthodox pedagogy // Theory and practice of social development. -M., 2018. – No. 7. – P. 44-46.
11. Shestun G. Orthodox pedagogy as a system of spiritual and moral development of the individual // Bulletin of the Orthodox St. Tikhon University for the Humanities. Series 4: Pedagogy. – M., 2018. – S. 47-51.
PEDAGOGY AND LAW
JAVADYAN Yuriy Rachikovich
lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PEDAGOGICAL CONDITIONS FOR THE FORMATION OF VALUE ORIENTATIONS OF STUDENTS IN THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the optimal possibilities for creating pedagogical conditions for the formation of value orientations for students in an educational organization of the Ministry of Internal Affairs of Russia. The article analyzes the concept of pedagogical conditions, explores the formation of approaches to creating these conditions, studies the formation of the value-semantic sphere of the individual during training, compares the demands of society and the tasks of pedagogy in the formation of the spiritual and moral sphere of students.
Keywords: pedagogy, educational process, training, values, value-semantic orientation, spiritual and moral guidelines, pedagogical conditions, educational organization of the Ministry of Internal Affairs of Russia, cadet of the Ministry of Internal Affairs of Russia.
References
1. Borytko N. M., Solovtsova I. A., Baibakov A. M. Pedagogy. – M.: Academy, 2007. – 496 p
2. Lebedeva A. G. Leisure of urban and rural youth // XXI century: humanitarian and socio-economic sciences: abstracts. report – Tula, 2014.
3. Osnitsky A. K. Self-regulation skills in professional self-determination of students // Vopr. psychol. – 1992. – No. 1-2. – P. 52-60
4. Decree of the Government of the Russian Federation of October 4, 2000 No 751 “On the National Doctrine of Education in the Russian Federation” // Rossiyskaya Gazeta. — 2000. — № 196.
5. Dictionary-reference book on pedagogy / Auth.-comp. V. A. Mizherikov; under total ed. P.I. Pidkasistogo. – M.: Sfera, 2004. – 448 p
6. Yakovleva N. M. Theory and practice of preparing future teachers for the creative solution of educational problems: dis. … doc. ped. Sciences. – Chelyabinsk, 1992. – 403 p.
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
PSYCHOLOGICAL TRAINING OF CADETS DURING TACTICAL AND SPECIAL TRAINING CLASSES
Moral and psychological training of employees of the penitentiary system to perform tasks in extreme situations takes its basis in educational institutions of the Federal Penitentiary Service of Russia, since it is during the training period that cadets develop professional skills and abilities that they will be able to use in their future professional activities.
In this regard, teachers of the discipline of tactical and special training bear a great responsibility for the formation of cadets’ ability to make decisions independently in difficult situations and, most importantly, to be responsible for the consequences of making such decisions. In the conditions of conducting classes on tactical and special training, the teacher needs to connect creative abilities to convey information to each student, taking into account his personal characteristics.
The number of mental images (practical situations) presented in the classroom, which correspond as much as possible to the situation in the conditions of institutions of the penal system, helps cadets in the future to avoid falling into situations of uncertainty. In other words, the more situations are lost in practical classes, the more confident an employee of the penitentiary department will feel when performing a real official task in an emergency situation.
Keywords: cadet, moral training, psychological training, tactical and special training, emergency situation, extreme situation.
References
1. Sukhomlinova T.V. Moral and psychological support of cadets in the course of training in tactical and special training // Topical issues of improving the special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. Materials of the All-Russian scientific-practical conference. – 2019. – P. 153-156.
2. Kachurina I. B., Gontar V. N., Vorontsova E. V. An integrated approach to improving the TSP of law enforcement officers // Issues of improving the tactical and special training of law enforcement officers. Collection of scientific articles following the results of the III All-Russian Conference. – 2020. – P. 76-79.
3. Shishkov A. I. Formation of professional competence of cadets of military universities in the course of tactical and special training: dis. … cand. ped. Sciences. – Moscow, 2014. – 278 p.
4. Rodionov E. A., Firyulin M. E. Problematic aspects of teaching tactical and special training in departmental universities as an integral part of service and professional training // Actual issues of improving tactical, special, fire and professionally applied physical training in the modern context of practical learning. – 2019. – S. 328-332.
PEDAGOGY AND LAW
NASYROVA Elena Valerievna
Ph.D in political sciences, associate professor of Integrated communications and advertising sub-faculty of the Russian State University for the Humanities
KALUGIN Maxim Sergeevich
master of direction in “Brand management in advertising and public relations” of Integrated communications and advertising sub-faculty of the Russian State University for the Humanities
DEVELOPMENT OF A PROJECT TO PROMOTE EDUCATIONAL PROGRAMS OF THE INSTITUTE OF INFORMATION SCIENCE AND SECURITY TECHNOLOGIES RGGU
The article discusses in detail the stages of developing a project to promote educational programs of the Institute of Information Sciences and Security Technologies of the Russian State Humanitarian University. Properly selected communication tools will help the institute to remain competitive in the modern educational space, attract more applicants and increase recognition.
Keywords: promotion, marketing communications, Internet communications, conversion, promotion of the educational program
References
1. Faculty of Information Systems and Security (FISB)”. [Electronic resource]. – Access mode: https://www.rsuh.ru/iintb/education/faculty/
2. Porter E. M. Competitive strategy: Methods of analysis of industries and competitors / Per. from English. Moscow: Alpina Business Books, 2005.
3. Quiz-landing as a tool for interactive interaction with the target audience. [Electronic resource]. – Access mode: https://www.directline.pro/blog/quiz-landing/
4. What is an aggregator site and how to make money on it. [Electronic resource]. – Access mode: https://sibdev.pro/blog/articles/chto-takoe-sayt-agregator-i-kak-na-nem-zarabotat
PEDAGOGY AND LAW
CAO Thi Tuong Khanh
magister student of the Faculty of Foreign Languages of the National Security Academy of the Republic of Vietnam
DIGITAL TRANSFORMATION IN EDUCATION IN VIETNAM
In response to the requirements of the country’s development in the context of the Fourth Industrial Revolution, on June 3, 2020, the Prime Minister of the Socialist Republic of Vietnam signed Decision No. 749/QD-TTg approving the “National Digital Transformation Program to 2025, with orientation to 2030”. Accordingly, education is the second priority for digital transformation after the health sector. That shows the importance of education and digital transformation in the education sector for the development of the country. The article focuses on clarifying the need for digital transformation in the education sector in Vietnam and some solutions for implementation.
Keywords: digital transformation, education, Vietnam, regulation, way, method, technology.
Reference list:
1. Mi An. Promoting digital transformation in education. Online newspaper of the Communist Party of Vietnam. [Electronic resource]. – Access mode: https://dangcongsan.vn/giao-duc/day-manh-chuyen-doi-so-trong-nganh-giao-duc-630306.html
2. Prime Minister, Directive No. 16/D-Pm, dated 04.05.2017 “On strengthening access to the 4th industrial revolution”.
3. Prime Minister, Decree No. 117/P-Pm of January 25, 2017 “On approval of the project to strengthen the use of information technologies in the management and support of educational and methodological activities and scientific research, contributing to the improvement of the quality of education and training in the period 2016-2020. with a focus on 2025.”
4. Prime Minister, Decree No. 749 / P-Pm of 03.06.2020 “On approval of the “National Digital Transformation Program until 2025 with a focus on 2030”.
5. Prime Minister, Decree No. 131/P-Pm of January 25, 2022 “On Approval of the Scheme for Strengthening the Application of Information Technologies and Digital Transformation in Education and Training for the Period 2022-2025. with a focus on 2030.”
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
MORAL AND PSYCHOLOGICAL TRAINING OF CADETS DURING TACTICAL AND SPECIAL TRAINING CLASSES
The article discusses the need to improve the moral and psychological qualities of cadets during tactical and special training classes in educational institutions of the penitentiary system. The state of self-control, calmness, self-confidence of an employee when acting in a dangerous operational situation is important for the successful settlement of the events that have occurred and the high-quality performance of the official tasks.
The work is based on the systematization of the existing pedagogical experience and the compilationof recommendations for improving the teaching methods of the discipline. The sequential construction of classes is proposed, each stage of which has its own value and profile orientation. This technique will allow us to develop a psychophysiological mechanism for the rapid activation of the thought process, adaptation to any variant of the operational environment.
Scientific study and understanding of pedagogical methods of the process of formation of stable moral and psychological qualities of cadets.
Keywords: tactical and special training, teaching methods, moral and psychological qualities, overcoming stressful situations, practical and theoretical classes, additional classes, self-improvement, individual work.
References
1. Gorbatova E. A., Kochenogov O. A. Moral and psychological training of cadets in the course of conducting classes in tactical and special training. . – 2020. – № 1.
2. Khomyakov O. V., Tarabuev L. N. To the question of some aspects of the methodology for preparing employees of the penitentiary system for actions in emergency situations // Professional legal education and sciences. – 2022. – No. 1.
PEDAGOGY AND LAW
RUBAN Darya Alexeevna
Ph.D. in pedagogical sciences, lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CHARACTERISTIC FEATURES OF THE STUDENT’S PERSONALITY IN THE EDUCATIONAL PARADIGM AS THE MAIN ELEMENT OF THE SOCIOPSYCHOLOGICAL ASPECT
Through the use of various methods of scientific research, the article analyzes the personality of the student in the educational paradigm. In the context of the development of digital technologies and within the framework of the educational process, the problem is the lack of attention as the ability to purposefully keep one’s consciousness concentrated on a specific object. The student, consuming ready-made information, does not analyze, turns out to be incapable of concentration, imagination, understanding and reflection (self-reflection), which is assumed by the modern educational environment.
Keywords: Russian education, educational policy, educational process, education system, student, students.
References
1. Education and pedagogy: modern trends: monograph / Editorial board: Zh. V. Murzina, O. L. Bogatyreva. – Cheboksary: Publishing House “Sreda”, 2020. – 124 p.
2. RUGENERATIONS – Russian school of generation theory. [Electronic resource]. – Access mode: https://rugenerations.su/ (date of access: 05/25/2023).
PEDAGOGY AND LAW
SMIRNOVA Maya Ivanovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Humanitarian and social-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
EXTRACURRICULAR INDEPENDENT WORK IN A FOREIGN LANGUAGE AS A MEANS OF FORMING THE PROFESSIONAL COMPETENCE OF THE INTERNAL AFFAIRS AGENCIES’ EMPLOYEES OF RUSSIA
The article is devoted to the problem of forming the professional competence of future law enforcement officers in the course of extracurricular independent work in a foreign language. The pedagogical conditions for the formation of independence as a key professional feature are analyzed, the main components of the organization of extracurricular independent work of students are considered, a set of tasks for effective independent work is proposed.
Keywords: extracurricular independent work, independence, professional competence, employees of the internal affairs bodies of Russia, foreign language competence, foreign language.
References
1. Bozadzhiev V. L. Professional competencies as integral qualities of a specialist’s personality // Successes of modern natural science. – 2007. – No. 5. – S. 40-44. [Electronic resource]. – Access mode: https://natural-sciences.ru/ru/article/view?Id=11094 (date of access: 06/15/2022).
2. Belozertsev E. P., Goneev A. D., Pashkov A. G. et al. Pedagogy of vocational education: Proc. allowance for students. higher ped. textbook institutions / Under. ed. V. A. Slastenina. – M .: Publishing Center “Academy”, 2004. – S. 20-33.
3. Numan D. Task-based language teaching. – Cambridge University Press, 2004. [Electronic resource]. – Access mode: https://www.cambridge.org/core/books/taskbased-language-teaching/ 0CA4599235DCF 504DE221FF8D21409F0 (accessed 08/15/2023).
4. Smirnova M. I., Korshunova I. G. Types and forms of independent work of students in the study of a foreign language // Philological Sciences. Questions of theory and practice. Tambov. Diploma. – 2015. – No. 11 (53): in 3 parts. Part II. – P. 155-160.
5. Kolesnik N. P. Case study in interactive teaching of pedagogy / Guidelines – in 2 parts / 41. – St. Petersburg: NP “Future Strategy”, 2006. – 198 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 No. 64, Moscow
AGZAMOV Rifkat Raisovich
Ph.D. in pedagogical sciences, associate professor, Head of Natural science education sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
ABDULLINA Liliya Bakirovna
Ph.D. in pedagogical sciences, associate professor, Dean of the Faculty of Pedagogy and Psychology of the Sterlitamak branch of the Ufa University of Science and Technology
HUMANISTIC AND EXISTENTIAL PARADIGMS IN DETERMINING THE ESSENCE OF HUMAN HEALTH CREATION
The article presents the essence of the phenomenon of “health creation” from the standpoint of the humanistic and existential paradigm. The authors pay special attention to the mechanisms of formation of a self-actualizing personality and existential values of a person. They prove that in the modeling of health-creating activity, the existential paradigm corresponds to the syncretic component of the entire human experience (thought, feeling, emotions, actions; leveling the subject-object dichotomy).
Keywords: health creation, humanistic approach, existential approach, self-actualization, existential value, subject-object dichotomies.
References
1. Baeva L. Values of the Changing World: Existential Axiology of History. – Astrakhan: Publishing House of AGU, 2004.
2. Binswanger L. Being-in-the-world. Selected articles. Needleman J. Critical analysis in existential psychoanalysis. – M.: Refl-book; K.: “Vakler”, 1999. – 336 p.
3. Ganzha A., Zotov A. Humanistic sociology of Florian Znanetsky // Sociological research. – 2002. – No. 3. – P. 112-120.
4. Majuga A. G. Health-building education: theory, methodology, practice: monograph. – Ufa: RIO RUNMC MO RB, 2010. – 300 p.
5. Maslow A. Motivation and personality: Per. from English. – St. Petersburg: Eurasia, 1999. – 352 p.
6. Maslow A. Towards the psychology of being. – M.: Publishing house EKSMO-Press, 2002. – 272 p.
7. Meneghetti A. Introduction to ontopsychology. – Perm: Horton Limited, 1993. – 62 p.
8. Orlov Yu. M. Healing (sanogenic) thinking / Comp. A. V. Child. Series: Behavior management. Book 1. – 2nd ed., Rev. – M.: Sliding, 2006. – 96 p.
9. Rokeach M. The nature of human values // Free Press. – 1973. – No. 5. – P. 20-28.
10. G. Allport’s theory of personality // Psychology of personality in 2 vols. T. 1. – M., 2006. – S. 445-453.
11. Khjell L. A. Theories of personality. Fundamentals, research and application: a textbook for students of higher educational institutions studying in the direction and specialties of psychology / Larry Hjell, Daniel Ziegler. – 3rd ed. – St. Petersburg [and others]: Peter; Minsk: Piter, 2019. – 606 p.
12. Tsagelskaya D. E. Existential fulfillment of individuals with different self-attitude // Journal of the Belarusian State University. Philosophy. Psychology. – 2020. – No. 1. – P. 85-94.
13. Sharok V. Existential values as a factor preventing risky behavior // Bulletin of St. Petersburg University. Series 12: Psychology. Sociology. Pedagogy. – 2009. – Issue. 2. – No. 1. – P. 65-71.
14. Shumsky V. B. Existential psychology and psychotherapy: textbook. manual for bachelor’s and master’s degrees. – 2nd ed., Rev. and additional – M.: Yurait Publishing House, 2018. – 155 p.
15. Adler P. A., Adler P. Membership Roles in Field Research. – Beverly Hills: Sage, 1987.
16. Adler P. A., Adler P. The Tender Cut: Self-Injury in the Cyber Age. – New York: New York University Press, 2011.
17. Adler P. A. Wheeling and Dealing. – Chicago: University of Chicago Press, 1985.
18. Altheide D. Terror Post 9/11 and the Media. – New York: Peter Lang, 2009.
19. Douglas J. Love, Intimacy and Sex / J. Douglas, F. Atwell. – Beverly Hills: Sage, 1984.
20. Johnson J. Behind the rational appearances: fusion of thinking and feelingin sociological research // Existential Sociology / [Ed. by J. Douglas, J. Johnson]. – Cambridge: Cambridge University Press, 1977. – Pr. 201-228.
21. Fontana A., Keene J. Death and Dying in America. – Cambridge, UK. – Polity Press, 2009.
22. Kotarba J. Chronic Pain. – Beverly Hills: Sage, 1980.
23. Wild J. Authentic existence: a new approach to “value theory” / Invitation to phenomenology / Ed. by J. Edie. – Chicago: Quadrangle Books, 1965. – Pr. 59-77.
PSYCHOLOGY AND LAW
PODOSINNIKOVA Evgenia Anatolevna
Ph.D. in science psychologicals, associate professor of Narcology, psychotherapy and law sub-faculty of the Astrakhan State Medical University of the Ministry of Health of Russia
PODOSINNIKOV Sergey Aleksandrovich
Ph.D. in science psychologicals, associate professor of Pedagogical education sub-faculty of the V. N. Tatishchev Astrakhan State University
DOSAEVA Rufina Narimanovna
Ph.D. in science psychologicals, associate professor of Psychology sub-faculty of the V. N. Tatishchev Astrakhan State University
TAYSAEVA Svetlana Borisovna
Ph.D. in science psychologicals, associate professor of Political analysis and socio-psychological processes sub-faculty of the G. V. Plekhanov Russian University of Economics
PSYCHOLOGICAL FEATURES OF VICTIM BEHAVIOR IN MEN AGED 25 TO 55 YEARS
The article is dedicated to the topic of the relationship between the personal characteristics of men and the nature of victim behavior. In the work, victimhood is considered as a set of personality traits that lead to self-destructive behavior, i.e. a person is both a victim and an aggressor in relation to himself. With this methodological approach, victimization is determined by intrapersonal conflict, and victim behavior is actualized by external factors.
Keywords: personal characteristics, victimization, victim behavior, determining factors.
References
1. Malkina-Pykh I. G. Victimology. Psychology of victim behavior. – M.: Iz-vo Eksmo, 2019. – 108 p.
2. Tarasova L. E. Fundamentals of victimology: Educational and methodological manual / Comp. L. E. Tarasova. – Saratov, 2016. – 173 p.
PSYCHOLOGY AND LAW
TAYSAEVA Svetlana Borisovna
Ph.D. in science psychologicals, associate professor of Political analysis and socio-psychological processes sub-faculty of the G. V. Plekhanov Russian University of Economics
PONOMAREVA Yuliya Vladislavovna
bachelor in the direction “Management Psychology” of the G. V. Plekhanov Russian University of Economics
THE INFLUENCE OF INDIVIDUAL PSYCHOLOGICAL QUALITIES OF THE MANAGER ON THE GROUP COHESION OF EMPLOYEES
The article is dedicated to the topic of the influence of individual psychological qualities of a manager on the group cohesion of employees. The demands of the modern labor market to optimize the process of group interaction of the collective determine the relevance of the study. The work is of high importance from the point of view of increasing the efficiency of existing employees by increasing group cohesion in the team.
Keywords: individual psychological qualities, group cohesion, socio-psychological climate.
References
1. Asmolov A. G. Psychology of personality. Principles of general psychological analysis. M., 2001. 416 p.
2. Derevnina A. O. Socio-psychological climate in the labor collective// Economics and society. 2020. No. 9 (76). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskiy-klimat-v-trudovom-kollektive (date of access: 03/17/2023).
3. Sundeeva L. A., Rakhimova Z. F. The concept of team cohesion in domestic and foreign literature // ANI: Pedagogy and Psychology. 2018. No. 2 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-splochennosti-kollektiva-v-otechestvennoy-i-zarubezhnoy-literature (date of access: 03/15/2023).
4. Shkerdina A. A. Factors that determine the socio-psychological climate of the labor collective (literature review) // Scientific works of the Moscow Humanitarian University. 2018. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/faktory-opredelyayuschie-sotsialno-psihologicheskiy-klimat-trudovogo-kollektiva-obzor-literatury (date of access: 03/14/2023).
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences. Researcher of the Center “Russia, China, the World” of the Ininstitute of China and Modern Asia of the Russian Academy of Sciences
THE ISLAMIC VECTOR OF CHINA’S DOMESTIC POLICY. PART 1. MUSLIM MINORITIES
This article examines China’s policy towards the Muslim population of the country. The historical aspect is traced. Particular attention is paid to the situation in the Xinjiang Uygur Autonomous Region, as well as politics in other regions, such as the Ningxia Hui Autonomous Region, Kashgar, Khotan and Aksu districts. Restrictive measures implemented within the framework of the state national policy and countering the spread of extremism and terrorism are highlighted. The author defines the activity of foreign states and international human rights organizations on this issue.
Keywords: China, Muslim population, Xinjiang, politics, control, persecution, religious freedom, Pakistan, international reaction, economic cooperation.
References
1. Bredikhin A. V. Muslims among modern Cossacks // Minbar. islamic studies. – 2022. – No. 1 (15). – P. 50-60.
2. Chinese gambit: where are you going, China?: Monograph [ed. A. V. Bredikhina]. – M.: ANO CEMI, Archon, 2020. – 86 p.
3. Yadykina T. S. The long-term problem of Kashmir as the core of the main confrontation between India and Pakistan: its main periods and consequences // Archon. – 2020. – No. 3 (18). – P. 96-103.
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 Technological University, branch in Sterlitamak
BOGATYREVA Yuliya Olegovna
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University, branch in Sterlitamak
INTERCULTURAL COMMUNICATION IN MODERN SOCIETY
Communication in the current realities is one of the foundations for the existence of society while the possibility of modern technologies can both facilitate and complicate the process of communications. One of the main competencies required by people today both in professional activity and in everyday life is the ability to build written and oral communication with representatives of different cultures. The purpose of this articleis to consider the phenomenon of intercultural communication, emphasizing the importance of this phenomenon in the modern world as well as analyzing the main problems and difficulties that can affect the success of communications. In comparison to other types of communication, intercultural has greater requirements which brings with it a number of difficulties and problems associated with misunderstandings and conflicts. They can be based on various reasons: from the occurrence of difficulties due to language ignorance and to some other reasons. In this regard, the topic was optimization of interethnic relations through tolerance. For effective communication it is necessary to understand not only the features of language, but also another culture to show patience and tolerance. Attention is drawn to culture as becoming more and more international, broader developing the processes of cultural communication.
Keywords: culture, macroculture, microculture, tolerance, verbal and non-verbal communication.
References
1. Great Soviet Encyclopedia: (In 30 volumes) / Ed. A. M. Prokhorov. – 3rd ed. T. 12: – M.: 1973.
2. Voronin A. S. Dictionary of terms in general and social pedagogy. – Yekaterinburg: GOU VPU USTU, 2006.
3. Kurakova T. V. The problem of all-Russian and regional identity at the present stage // Theory and practice of social development. 2013. No. 2.
4. Latypova E. R. From the foundations of the theory of intercultural communication. // Experience in creating and implementing technological innovations in education // Collection of materials of the International Scientific and Practical Conference. Editorial Board: L. A. Abramova et al. 2017.
5. Dictionary of foreign words – 13th ed., Sr. M.: Russian language, 1986.
6. Slevelova A. A. Intercultural communication as a global problem of the modern world // Collection of scientific articles of the faculty and students of the Russian Economic University. GV Plekhanov and other scientific and educational institutions. May 2018 Berlin 2018.
7. Ursul A. D. Nature of information. Philosophical essay. Moscow: Politizdat, 1968.
8. Habermas Yu. Public space and political publicity. Biographical roots of two mental motives // Between naturalism and religion. Philosophical articles / Per. with him. M. B. Skuratova. M.: All world, 2011.
9. Hall E. The Silent Language. New York, 1959.
10. Trager G., Hall E. Culture as Communication: A Model and Analysis. New York, 1954.
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
BAYNAZAROV Aybulat Rafikovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
THE SIGNIFICANCE OF THE LINGUISTIC PICTURE OF THE WORLD IN THE STUDY OF NATIONAL CHARACTERISTICS
This article deals with the study of linguoculturology since its origin as a new science. According to the title, the article describes the theoretical basis of linguoculturology. It’s especially noted questions to which it answers. Much attention is paid to the tasks and goals of linguoculturology as a science. The text provides valuable information about intercultural communication, intercultural competence. The difference between the terms ethnolinguistics and linguistics studies should be emphasized. The relation of linguoculture to the linguistic picture of the world is considered. Intercultural communication is discussed. This article is of interest to representatives of different cultures.
Keywords: intercultural communication, intercultural competence, linguacultural competence, ethnolinguistics, linguistic picture of the world.
References
1. Alefirenko N. F. Culture and linguistic consciousness. [Text] // Languages and transnational problems: Proceedings of the Ι international scientific conference. April 22-24, 2004. T. ΙΙ. executive editor T. A. Fesenko. – M., Tambov: TSU Publishing House. G. R. Derzhavina, 2004. – 298 p.
2. Artemova O. E. Theory and practice of linguoculturological analysis: Textbook [Text]. – Ufa: RIO BashGU, 2006. – 128 p.
3. Vorobyov V. V. Linguoculturology (theory and methods) [Text]. – M.: RUDN University Publishing House, 1997. – 331 p.
4. Humboldt V. background. Language and philosophy of culture [Text]. – M.: Progress. – 198 p.
5. Zinovieva E. I., Yurkov E. E. Cultural linguistics: theory and practice [Text]. – St. Petersburg: MIRS Publishing House, 2009. – 73 p.
6. Ivanova S. V. Culturological aspect of language units [Text]. – Ufa: BashGU, 2002. – 191 p.
7. Ivanova S.V. Linguoculturology and linguocognitology: conjugation of paradigms [Text]. – Ufa: RIO BashGU, 2004. – 210 p.
8. Karasik V. I. On the categories of linguoculturology. Linguistic personality: problems of communicative activity [Text]. – Volgograd, 2001. – 81 p.
9. Latypova E. R. Overcoming the barrier in intercultural communication // Notes of a scientist. – 2020.
10. Maslova V. A. Cultural linguistics: Proc. allowance for students. higher textbook establishments [Text]. – M.: Ed. Center “Academy”, 2001. – 208p.
11. Khrolenko A. T. Introduction to linguo-folkloristics: textbook [Text]. – M.: Progress Publishing Group, 2007. – 156 p.
12. Pierre-Simon Laplace. Presentation of the system of the world. – L .: Nauka, 1982. – 364 p.
ECONOMY. RIGHT. SOCIETY
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
BALYASNIKOVA Elena Vladimirovna
Ph.D. in economical sciences, Deputy Dean of the Faculty of Economics, Management and Law of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
SKOPICH Darya Leonidovna
Ph.D. in economical sciences, associate professor of Regional economics and management sub-faculty of the Western Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
ON THE ISSUE OF STRATEGIC PLANNING AND INTEGRATED DEVELOPMENT OF MUNICIPALITIES IN THE RUSSIAN FEDERATION
The problem of stable development of municipalities remains the most important in the sphere of creating high-quality conditions for the population of Russia to live on the territory of all subjects of the Russian Federation.
According to the authors of the article, in order to solve it, it is necessary to increase attention to the issues of strategic development of municipalities in conjunction with the creation of conditions for their integrated development. Achieving the strategic goal of creating a favorable comfortable environment throughout the country will ensure the creation of favorable incentives aimed at improving the socio-economic development of Russian regions.
Keywords: municipal formation, strategic planning, integrated development.
References
1. Moseiko V. O. Institutional role of local government in the processes of improving the quality of life of the population // Power. – 2021. – No. 11. – P. 45.
2. Dukanova IV Study of the potential of socio-economic development of municipalities // Microeconomics. – 2021. – No. 3. – P. 115.
3. Glazyrin M. V. On the creation of a system of integrated development of the municipality // The Economist. – 2020. – № 3. – C. 80.
4. Ivanova N. V. Methods for assessing the spatial differentiation of the economy of Russian regions // Economics. Taxes. Right. – 2022. – № 6. – S. 65.
5. Uskova T. V., Chekavinsky A. N. The law on strategic planning in the Russian Federation: advantages and unresolved issues (expert assessment) // Economic and social problems: facts, trends, forecast. – 2019. – No. 4 (34). – P. 64.
6. Eremeeva L. N., Plisetsky E. L. Regional policy in modern Russia: features of formation and implementation // Economics. Taxes. Right. – 2020. – No. 6. – P. 6.
7. Titov E. A. Urban co-management: concept and modern research // Issues of state and municipal management. – 2021. – No. 1. – P. 185.
8. Ablameiko M., Ablameiko S. “Smart city”: From theory to practice // Science and innovations. – 2022. – No. 6 (184). – S. 30.
ECONOMY. RIGHT. SOCIETY
VASILJEVA Elena Vasiljevna
Ph.D. in economic sciences, professor of Project management and quality management sub-faculty of the St. Petersburg State University of Economics
ZHUKOVA Anastasia Gennadjevna
Ph.D. in economical sciences, First Deputy General Director (Development and Investment) State Unitary Enterprise “Vodokanal of St. Petersburg”
IVANOVA Olga Sergeevna
economist of the Financial and Economic Department of the St. Petersburg State Autonomous Institution “Training Center for Sports teams”
MANAGEMENT OF HUMAN RESOURCES DEVELOPMENT IN CREATIVE INDUSTRIES SECTOR
This article is devoted to the analysis of the human resources development of the creative industries in selected regions at the stage of formation and implementation of mechanisms for its regulation, as well as the formation of new educational trends, based on the goals of modern creative industries development in the regions of the Russian Federation. Within the framework of this study, the legal framework for regulating the sector was monitored, regional reports on the activities of creative industries were carried out, and the provisions of applicable concepts for personnel training and final indicators for achievements were systematized.
Keywords: creative industries, concept, multiplier economic effect, human resources, personnel training, smart specialization, creative individual, region
Reference list
1. “On approval of the Concept for the development of creative (creative) industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030” Decree No. 2613-r dated September 20, 2021 “The Concept for the Development of Creative Industries until 2030” // Garant Information and Legal System.
2. Kalyuzhnova N. Ya., Violin S. I. “Smart specialization” of Russian regions: opportunities and limitations // Economics, entrepreneurship and law. – 2020. – Volume 10. – No. 10. – S. 2457-2472. – [Electronic resource]. – Access mode: https://1economic.ru/gr/epp-papers/111061.pdf (date of access: 06/30/2023).
3. “On Approval of the Strategy for the Spatial Development of the Russian Federation for the period up to 2025”. Decree of the Government of the Russian Federation dated February 13, 2019 No. 207-r. // Information and legal system “Garant”.
4. Vasilyeva E. V., Korshunov A. V., Ostanina E. V. Problems of designing a model of creative industries in Russia // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series: Social Sciences. – 2022. – No. 3. – P. 9-14. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-proektirovaniya-modeli-razvitiya-kreativnyh-industriy-v-rossii (date of access: 06/30/2023).
5. “On the action plan for implementation in 2022-2024. Concepts for the development of creative (creative) industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030. Decree of the Government of the Russian Federation of August 17, 2022 No. 2290-r. // Information and legal system “Garant”.
6. Tokarev I., Svistukhina M., Filippova A., Trotsenko S., Ustinova D. Atlas of creative clusters of the Russian Federation. 2023. [Electronic resource]. – Access mode: https://createdin.moscow/creative/1ee1b2bb-01bc-698e-830b-37916e17fe8a (accessed 06/30/2023).
7. Vasilyeva E. V., Gunare M. L. Creative industries experimental design // Publishing house of St. Petersburg State University of Economics. – 2021. – S. 71-76.
ECONOMY. RIGHT. SOCIETY
VILDANOV Ruslan Raisovich
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SHAIMARDANOVA Elina Linasovna
bachelor of the Ufa State Petroleum Technical University
KOSTAKOVA Ekaterina Igorevna
student of the St. Petersburg State University, master of the Tehran University
ECONOMIC COOPERATION BETWEEN RUSSIA AND CHINA IN THE DIGITAL SPACE
This article examines the economic cooperation in the digital space between the People’s Republic of China and the Russian Federation. The main problems and prospects of cooperation between the two countries in the field of interaction on the Internet are analyzed. The main examples of interaction are given.
Keywords: People’s Republic of China, Russian Federation, Internet, digital space, IT market, digital sovereignty, Yandex, Huawei, Sberbank.
References
1. Nikonov V. A., Voronov A. S., Sazhina V. A., Volodenkov S. V., Rybakova M. V. Digital sovereignty of the modern state: content and structural components (based on expert research) [Text] / / Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2021. – No. 60. – S. 206-215.
2. Ryazkhanova S. V., Mazaev V. P., Komkov A. A. New trends in the development of artificial intelligence in medicine // CardioSomatics. – 2021. – No. 12 (4). – S. 227-233.
3. Jiang Chao Economic cooperation between Russia and China in the era of digitalization [Text] // Modern oriental studies. – 2022. – No. 1. – S. 62-75.
ECONOMY. RIGHT. SOCIETY
GULIYEV Igbal Adil ogly
Ph.D. in economic sciences, Deputy Director of the International Institute for Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
RUZAKOVA Valeriya Igorevna
master’s degree of the International Institute of Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
KUZMINA Margarita Sergeevna
master’s degree of the International Institute of Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
COMPREHENSIVE ANALYSIS OF THE GLOBAL ENERGY TRANSITION FACTORS
The authors studied the definitions of “global energy transition factors” in domestic and foreign sources, and identified the 15 most frequent factors based on statistical and substantive analysis. Based on their analysis, the authors propose their own classification of energy transition factors. The following groups were identified: environmental, political, technological, financial, social factors. It is noted that the main priority and driving force of the energy transition is the decarbonisation of the energy sector.
Keywords: energy transition, factors, renewable energy sources, decarbonization, transformation of the energy system.
References
1. Mastepanov A. M. The main driving forces of the energy transition and the problems of its achievement // Problems of the post-Soviet space. – 2021. – No. 8. – S. 256-276.
2. Energy Transition Investment Trends 2022. Bloomberg NEF. 2022. [Electronic resource]. – Access mode: https://about.bnef.com/energy-transition-investment/ (date of access: 09/18/2022).
3. Energy Technology Perspectives 2017. International Energy Agency. 2017. [Electronic resource]. – Mode of access: https://www.iea.org/reports/energy-technology-perspectives-2017 (accessed 09/28/2022).
4. Global Energy Review 2021. International Energy Agency. 2021. [Electronic resource]. – Mode of access: https://www.iea.org/reports/global-energy-review-2021 (Accessed 2022-09-18).
5. World Energy Transitions Outlook: 1.5°C Pathway. International Renewable Energy Agency. 2022. [Electronic resource]. – Access mode: https://www.irena.org/publications/2022/Mar/World-Energy-Transitions-Outlook-2022 (Accessed 18.09.2022).
6. Tracking Clean Energy Progress 2021. International Energy Agency. 2021. [Electronic resource]. – Access mode: https://www.iea.org/topics/tracking-clean-energy-progress (accessed 09/28/2022).
7. Malikova O. I., Kiryushin P. A., Nikolaeva A. V. Technologicaldeterminants of the transformation of renewable energy and state support for the development of the energy industry // Management Sciences. – 2021. – V. 11. No. 1. – S. 35-50.
8. Yarovova T. V., Kiseleva D. D. Peculiarities of stimulating innovations in Russia. Moscow Economic Journal. – 2022. – Vol. 7. – No. 5.
ECONOMY. RIGHT. SOCIETY
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, leading researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation, Moscow; professor of Physical and socio-economic geography sub-faculty of the N. P. Ogarev National Research Mordovian State University, Saransk
LONG-TERM ACCENTS OF THE SPATIAL DEVELOPMENT OF INDIVIDUAL COUNTRIES: TO THE STUDY OF INTERRELATIONS OF THE COMPONENTS
The relevance of the article is due to the need to form and reform the modern spatial structure of Russia. On the basis of the selected criteria (the size of the territory, the length of land borders, the form of government, the neighboring position, the population of the territory, historical features of development, the type of economy, economic specialization, etc. ), a number of countries are considered, long-term features of their spatial development, dominant spatial structures are identified, the most promising, from the point of view of Russian practice, spatial structures and trends from the standpoint of the development of individual territories . The purpose of the work is to study scientifically based and promising areas to justify the development of the national space.
Keywords: spatial development, spatial structures, interrelations, regularities, territory development management.
References
1. Borshchevskaya O.S. Program-targeted methods of integration of priority development territories with the region of deployment: dis. … cand. economy Sciences: 08.00.05. M., 2020.
2. Makar S. V. Development of the national space: organizational and structural concepts // Economic policy of Russia in the context of global turbulence. T. 2. / Materials of Int. financial and economic Forum / Rep. ed. G. L. Podvoisky. M.: Financial University, 2015. S. 114-119. [Electronic resource]. – Access mode: http://elib.fa.ru/fbook/forum2_SRA3.pdf/view
3. Stroev P. V., Morkovkin D. E., Makar S. V. Current trends in the development of agglomerations // Creative Economy. 2020. Volume 14. No. 11. P. 2693-2712. DOI: 10.18334/ce.14.11.111071
4. Orlov S. L., Makar S. V. Special purpose of modern Russian agglomerations // Eurasian Law Journal. 2023. No. 1. P. 416-418.
5. Stroev P. V., Makar S. V. Foreign experience of spatial development and key accents for Russia // Regional economy. 2022. No. 1 (20). pp. 4-27. DOI: 10.24891/re.20.1.4
6. Fedulova S.I. Spatial planning in the countries of the European Union and in the Russian Federation: geographical features, best practices: dissertation … cand. geogr. Sciences: 25.00.24. St. Petersburg, 2017.
7. Economic development and regional diversity of the Russian Federation: monograph / Coll. ed. M.: Financial University, 2013. 188 p.
8. Reis E. Spatial income inequality in Brazil // Volume 15. Issue 2. 2014. Pages 119-140. DOI: 10.1016/j.econ.2014.06.006
ECONOMY. RIGHT. SOCIETY
OBUKHOVSKIY Alexey Sergeevich
postgraduate student of the 1st course of the Moscow Law-Financial Academy
DEVELOPERS AND REALTORS: CURRENT STATUS STATE AND PROSPECTS OF RELATIONSHIPS DEVELOPMENT
Recognizing real estate development and real estate business as one of the perspective and demanded directions of modern enterprise activity, the author gives the definition of these areas of management, allocates the characteristic features and qualification duties of specialists. The article outlines the strengths and weaknesses of cooperation between developers and realtors. The relevance of the topic of the proposed publication is determined by the analysis of the current state of affairs in the Russian real estate market, as well as by the examples of joint, quite productive cooperation between developers and realtors given by the author. The novelty of the research is determined by the directions and prospects for further development of these relationships described in the article.
Keywords: real estate market, real estate and development business, consulting agencies, consultant, object.
References
1. AN “Native House”. [Electronic resource]. – Access mode: https://www.rd34.ru/post/5.
2. Bzykov A. A. Real estate services on contractsyell of the commission // Scientific knowledge of modernity. – 2017. – No. 4 (4). — P. 35–38.
3. Developers and realtors: who is who who. [Electronic resource]. – Access mode: https://www.bfm.ru/news/466289.
4. Zueva D. A., Lavrov I. V. Development technologies for managing real estate activities in the real estate market // Modern business space: current problems and prospects. – 2014. – No. 1 (2). – P. 11-14.
5. How a realtor works with new buildings and developers. [Electronic resource]. – Access mode: https://mainseller.ru/kak-rieltoru-rabotat-zastroyschikami.html.
6. Mogileva I. Realtor and developer: relationships for the sake of the future. [Electronic resource]. – Access mode: https://www.frommillion.ru/magazine/662-rieltor-i-developer-otnosheniya-radi-buduschego/.
7. Petrova O. Interaction between developers and realtors. [Electronic resource]. – Access mode: https://news.ners.ru/vzaimodeystvie-developerov-i-rieltorov.html.
8. Razuvaev S. Developer and realtor. Cooperation or rivalry? [Electronic resource]. – Access mode: https://kartaslov.ru.
9. RBC Company. [Electronic resource]. – Access mode: https://realty.rbc.ru/news/617ec8319a79471df39d581c.
ECONOMY. RIGHT. SOCIETY
NERSESYANTS Boris Andreevich
master of economics, IE Boris Nersesyants (sales on WB ozon)
FEATURES AND PROBLEMS OF FRANCHISE MANAGEMENT IN THE BANKING SECTOR
Franchising is a well-known form of network cooperation. This has been widely described in terms of the relationship between the franchisee and the franchisor. These relationships are considered standard not only between the franchisor and the franchisee, but also as the basis of the network operating in the relevant sectors.
The development of a network of cooperation between organizations in the service sector is focused on direct contact with customers. It follows from this assumption that activities can be implemented that will demonstrate a certain level of uniqueness for the client. In this regard, the question arises about the role of franchisees in the network.
In this article, this problem will be built around franchise networks in the banking sector. The reason for this choice is the dynamic development of banking institutions operating on the franchise principle in recent years, which indicates their success in the market.
Keywords: franchising, franchisor, franchisee, franchise, franchising in the service sector, franchise network, franchising in the banking sector, banking franchise.
References
1. Dyakonova S. N., Botienko A. V., Osipov A. A., Myshovskaya L. P. Franchising: varieties, forms and ways of development. – Voronezh: Limited Liability Company “ORIGINS”, 2023. – 109 p.
2. Chirkova E. S. Development of franchising for scaling in small business: dissertation abstract for the degree of candidate of economic sciences. – Moscow, 2022. – 25 p.
3. Robert C. Hockett and Saule T. Omarova, The Finance Franchise, 102 Cornell L. Rev. 1143 (2017)
4. Robert C. Hockett, 2022. “Franchise Finance: Why We Retain It – And Why We Need Not,” Springer Books, in: The Citizens’ Ledger, chapter 0, pages 73-93.
ECONOMY. RIGHT. SOCIETY
NGUYEN Quoc Hung
Ph.D. in economical sciences, senior researcher of the Institute of Economics of the Russian Academy of Sciences
YAKOVLEV Artem Alexandrovich
Ph.D. in economical sciences, Deputy Director of the Moscow School of Economics of the M. V. Lomonosov Moscow State University
FEATURES OF THE INFLUENCE OF THE VIETNAMESE DIASPORA IN RUSSIA ON INVESTMENT COOPERATION BETWEEN THE COUNTRIES
The article is dedicated to the influence of the Vietnamese diaspora in Russia on economic cooperation and investment cooperation between Russia and Vietnam. The paper identifies the key features of the Vietnamese diaspora in Russia, classifies representatives of the diaspora by business activity, and examines cases of Vietnamese business organized in Russia. Recommendations are given to expand the involvement of the Vietnamese diaspora in Russia in the development of economic relations between the countries.
Keywords: Vietnamese diaspora in Russia, migration, Vietnamese business in Russia, Russian Vietnamese economic relations, investment cooperation.
References
1. Vietnamese community in the Russian Federation: Report at the scientific-practical conference “Vietnamese community in the countries of Eastern Europe and the former USSR” (in Vietnamese). – Hanoi, April 2001
2. Do Huong Lan, Nguyen Van Hong Entrepreneurship Vietnamof the Amskoy diaspora in Russia: problems and solutions // Human progress. – 2017. – Volume 3. No. 5.
3. Mazyrin V. M. Vietnamese migrants in modern Russia: ways of penetration, lifestyle, distinctive features and features // The problem of illegal migration in Russia: realities and search for solutions / Representative office of the International Organization for Migration in Russia. – M.: Gandalf, 2004. – S. 357–410.
4. Mazyrin V. M. Labor migration from Vietnam to Russia and methods of its regulation // Migration bridges in Eurasia: the role of labor migration in the socio-economic and demographic development of sending and receiving countries. – M.: Ekon-Inform, 2015. – 499 p.
5. Russian-Vietnamese relations in the modern world: Collective monograph / Ed. ed. L. B. Vardomsky, I. A. Korgun. – M.: Institute of Economics of the Russian Academy of Sciences, 2021. – 147 p.
6. Ryazantsev S. V., Le Duc Anh, Fung Hai Hoang, Moiseeva E. M. The Vietnamese diaspora in Russia and its contribution to the development of bilateral relations // Vietnam Studies. – 2022. -T. 6. No. 3. – P. 34-45.
7. Sokolov A. A. Vietnamese in Russia: history, culture, integration // Diaspora. – 2011. – No. 1. – P. 219–244.
8. Turaeva M. O., Yakovlev A. A. Russian-Vietnamese economic cooperation in the new conditions // Journal of the New Economic Association. – No. 1 (58). – P. 165-172.
9. Ha Mi Ding. Features of the Vietnamese diaspora in Russia // Society: sociology, psychology, pedagogy. – 2015. – No. 6. – P. 54-57.
10. Chesnokov A.S. Vietnamese diaspora in Russia: history and modernity // Bulletin of the Ural State University. Ser. 3, Social Sciences. – 2009. – No. 3 (69). — P. 40-46.
ECONOMY. RIGHT. SOCIETY
FARKHUTDINOV Alfis Marvanovich
engineer of the Computer Center sub-faculty of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technological University
KHUSAINOV Shamil Ildarovich
magister student of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technological University
RAYANOVA Fanzilya Flyurovna
lecturer, magister student of the Ufa State Petroleum Technological University
THE RATE OF HOUSING CONSTRUCTION IN PRIVOZHSKY FEDERAL DISTRICT: THE ANALYSIS OF THE DEGREE OF INFLUENCE OF SOCIAL AND ECONOMIC FACTORS ON THE INPUT HOUSING
The social living conditions of people and related problems are one of the key indicators of the level and pace of socioeconomic development of modern society. The housing problem is characterized by several indicators. The purpose of this study is to analyze and highlight the degree of influence of the main factors on the quantitative indicators of the housing problem based on statistical data over the past few years. A statistical analysis of the influence of various factors on the price of housing in the regions of Privolzhsky Federal District was carried out. It has been established that the main factor influencing the input of new housing is the number of resident population.
Keywords: housing construction, average per capita income, input housing, population, cost of housing, statistical analysis.
References
1. Asaul A. N., Asaul M. A., Lyulin P. B., Chepachenko N. V. Housing construction trends in Russia and medium-term forecast. – 2019. – No. 3 (174). – P. 111-117.
2. Barkhatov V. I. Factor analysis of the interaction of foreign transnational corporations with the Russian economy // Bulletin of the Chelyabinsk State University. – 2008. – № 1. – P. 128-138.
3. Commissioning of residential and non-residential buildings by regions of the Russian Federation. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/14458 (accessed 16.02.2023)
4. Degtyarev A. N., Kuznetsova A. R. Trends in the development of housing construction in the Republic of Bashkortostan // Ufa Humanitarian Scientific Forum. – 2021. – No. 4 (8). – S. 36-47. – DOI 10.47309/2713-2358_2021_4_36.
5. Kuznetsova A. R. Trends in the development of the housing sector in the Republic of Bashkortostan // Fundamental Research. – 2021. – No. 3. – S. 66-71. – DOI 10.17513/fr.42982.
6. Average per capita cash income of the population. [Electronic resource]. – Access mode: https://fedstat.ru/indicator/57039 (accessed 24.03.2023).
7. Territorial body of the federal state statistics service for the Republic of Bashkortostan. Press release No. 09-1-07/1, Ufa, February 1, 2023
8. The number of resident population on average per year. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/14458 (accessed 10.04.2023)
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economic sciences of the Ufa State Petroleum Technological University
PRYANISHNIKOVA Alena Dmitrievna
magister student of the Ufa State Petroleum Technological University
RISK-ORIENTED APPROACH TO CORPORATE CONTROL OF CONTRACT EXECUTION IN THE COMPANY
This article discusses methodological approaches to the development of a risk-based system for monitoring the execution of contracts in a company. An analysis of the main business risks in the procurement activities of the company is presented. The methodology for conducting an express audit of contracts at the stage of their conclusion and execution is described.
Keywords: procurement, corporate control, procurement efficiency, financial losses, express audit, contract, business risks.
References
1. Burtsev VV Internal control in companies / HRportal. [Electronic resource]. — Access mode: http://hr-portal.ru/article/vnutrenniy-kontrol-vkompaniyah.
ECONOMY. RIGHT. SOCIETY
SHKAKHOVA Fazilya Abdulakhovna
lecturer of the H. M. Berbekov Kabardino-Balkarian State University
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, leading researcher of the Department of Scientific Research and Innovation of the H. M. Berbekov Kabardino-Balkarian State University
YANDIEVA Marita Salmanovna
Ph.D. in economical sciences, associate professor of Finance and credit sub-faculty of the Ingush State University
PROBLEMS OF THE OIL AND GAS MARKET OF THE RUSSIAN FEDERATION UNDER SANCTIONS PRESSURE
The sanctions had the most significant impact on the oil and gas sector of the Russian Federation. The oil and gas sector has become its lever of influence on the political and economic of the RF. The Russian Federation found itself in severe conditions of sanctions pressure, the oil and gas industry immediately felt the impact of the sanctions measures of Western and European countries. The decline in demand for oil and gas from European countries led to a slowdown in economic growth in Russia. This decline in demand is not a market one, but is artificial. Political disagreements have had an impact on the oil and gas sector of the Russian Federation. Adjustment of the budget of the Russian Federation was required as the volume of deliveries changed, oil and gas prices fell sharply as a result of the establishment of a “price ceiling” for Russian resources. This is due to the fact that a different cost of gas and oil was included in the budget revenue item. The oil and gas sector, even under sanctions pressure, has a number of competitive advantages. In this situation, it is necessary to strengthen competitive advantages, which will reduce pressure from European countries and the United States. The socio-economic development of Russia largely depends on the effectiveness of strengthening the competitive positions of the oil and gas industry.
Keywords: oil and gas market, sanctions, prices, natural gas, oil, gas pipeline, energy crisis, import, export, budget.
References
1. Baburina A. P., Galochkin V. T. Influence of export of gas, oil, equipment on the foreign trade balance in the Russian Federation // Chronoeconomics. – 2021. – No. 6 (34). – P. 51-55.
2. Gorbunova O. A. The impact of sanctions on the functioning of Russian companies in the oil and gas sector in the global oil and gas market // Bulletin of the Eurasian Science. – 2022. – V. 10. No. 2. – S. 13.
3. Koshkaeva T. S. The impact of economic sanctions on the digital transformation of oil and gas companies // Trends in the development of science and education. – 2022. – No. 85-6. – P. 126-129.
4. Khudyakova O. Yu., Ismailova A. M. Modern trends in the development of the world oil market // Scientific interdisciplinary research. – 2021. – P. 143-148.
5. Shuisky V. P. Shifts in the world economy and Russian export of energy carriers // Russian Foreign Economic Bulletin. – 2022. – No. 3. – P. 7-17.
ECONOMY. RIGHT. SOCIETY
WANG Wei
master’s degree of management of the Belarusian State University, Republic of Belarus
THE IMPACT OF GLOBALIZATION ON INCOME MOBILITY: EVIDENCE FROM DEVELOPING COUNTRIES
This paper aims to explore the impact of globalization on income mobility in developing countries, and conducts an empirical study using the panel data regression analysis method. The study found that the impact of globalization on income mobility is not simple or consistent, but depends on a variety of factors, such as the type and degree of globalization, the level of development and institutional arrangements of the country, and the risks and opportunities brought about by globalization. Therefore, more empirical research is needed to explore the impact of globalization on income mobility in different scenarios, and to put forward corresponding policy recommendations.
Keywords: globalization, developing countries, income mobility, panel data regression analysis, influencing factors, policy recommendations.
The article bibliographic list
1. Acemoglu D. Why do new technologies complement skills? Directed technical change and wage inequality // The Quarterly Journal of Economics. – 1998. – No. 113 (4). – P.p. 1055-1089.
2. Agénor P. R. Macroeconomic adjustment and the poor: Analytical issues and cross-country evidence // Journal of Economic Surveys. – 2004. – No. 18 (3). – Rr. 351-408.
3. Baldwin R., & Martin P. Two waves of globalization: Superficial similarities, fundamental differences. In H. Siebert (Ed.), Globalization and labor (pp. 3-59). – Tübingen: Mohr Siebeck, 1999.
4 Barro R. J. (2000). Inequality and growth in a panel of countries // Journal of Economic Growth. – 2000. – No. 5 (1). – Rr. 5-32.
5. Birdsall N., & Londono J. L. Asset inequality matters: An assessment of the World Bank’s approach to poverty reduction // The American Economic Review. – 1997. – No. 87 (2). – Rr. 32-37.
6. Bound, J., & Johnson G. Changes in the structure of wages in the 1980’s: An evaluation of alternative explanations // The American Economic Review. – 1992. – No. 82 (3). – Rr. 371-392.
7. Ciminelli G., Duval R., & Furceri D. Employment protection deregulation and labor shares in advanced economies // IMF Working Paper. – 2018. – No. 18/186.
8. Deininger K., & Squire L. New ways of looking at old issues: Inequality and growth. Journal of Development Economics. – 1998. – No. 57 (2). – Rr. 259-287.
9. Dollar D., & Kraay A. Trade, growth, and poverty // The Economic Journal. – 2004. – No. 114 (493). – Rr. 22-49.
10. Feenstra R. C., & Hanson G. H. Globalization, outsourcing, and wage inequality // The American Economic Review. – 1996. – No. 86 (2). – Rr. 240-245.
11. Frankel, J. A., & Romer D. Does trade cause growth? The American Economic Review. – 1999. – No. 89 (3). – Rr. 379-399.
12. Furceri D., Loungani P., Ostry J., & Pizzuto P. The distributional effects of capital account liberalization // Journal of International Money and Finance. – 2019. – No. 96 (C). – Rr. 198-217.
13. Heshmati A. The relationship between income inequality and globalization. In A. Heshmati (Ed.), Global trends in income inequality (pp. 1-30). – Hauppauge: Nova Science Publishers, 2007.
14. Jaumotte F., Lall S., & Papageorgiou C. Rising income inequality: Technology or trade and financial globalization? IMF Economic Review, 2013.
ECONOMY. RIGHT. SOCIETY
WEI Huang
researcher of G3 Laboratory of the TsingHua University, PRC
BLOCKCHAIN TECHNOLOGY TO ENHANCE THE PUBLIC SERVICE CAPABILITY OF DIGITAL GOVERNMENT
The article deals with issues related to the prospects for using blockchain technology to increase the ability of digital government to provide public services. In particular, such areas as: digital identification, confirmation of ownership and transfer of rights, self-executing contracts, registry management, optimization of healthcare services and management of social benefits are highlighted. In addition, the advantages and features of the introduction of blockchain in the public sector are identified.
Keywords: services, state, blockchain, trust, registry, law.
References
1. Elagin V. S. Blockchain application models in state information systems // Proceedings of educational institutions of communication. – 2022. – V. 8. – No. 4. – P. 65-73.
2. Elisa, Noe A Secure and Privacy-Preserving E-Government Framework Using Blockchain and Artificial Immunity // IEEE access: practical innovations, open solutions. – 2023. – Volume 11. – R. 8773-8789.
3. Taimazova E. A. The use of blockchain technology in e-government // Scientific notes of the Crimean Engineering and Pedagogical University. – 2022. – No. 1 (75). – P. 172-176.
4. Radionovsky D. P. Application of digital technologies by state authorities // Scientific works of the Center for Advanced Economic Research. – 2022. – No. 23. – P. 51-55.
5. Kravchenko L. A., Troyan I. A., Goryakhikh M. V. Digital solutions in public administration: trends, opportunities and limitations // Information society. – 2023. – No. 2. – P. 54-68.
ECONOMY. RIGHT. SOCIETY
GAISINA Gulyamda Ayratovna
magister student of the Faculty of Public and Municipal Administration and Economics of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
THE PROBLEM OF INTERACTION OF PUBLIC ADMINISTRATION BODIES WITH PARTICIPANTS OF THE GAS MARKET AND GAS SUPPLY SERVICES
The problem of interaction of public administration bodies with gas market participants and gas supply services is an important question, the answer to which determines the efficiency of the market and gas supply to consumers. The gas market and gas supply services play a crucial role in meeting the energy needs of individuals, enterprises and industries, thereby determining the energy and national security of the state. The object of research is the gas market, the subject of research is the state of the gas industry, characterized by structural interaction between the state and market participants. The purpose of the study is to study the problem of interaction of public administration bodies with gas market participants and gas supply services within the framework of the national management system. The study revealed that solving interaction problems requires strengthening the regulatory framework, improving communication and information exchange, as well as strengthening enforcement and compliance mechanisms. By making these decisions, interested parties can contribute to the creation of a transparent, efficient and competitive gas market, which will ultimately ensure the effectiveness of the functioning of public systems as a whole.
Keywords: regulatory framework, energy security, national security, law enforcement, technical requirements, digital platforms.
References
1. Romanova VV Legal support of gasification: problems and development trends // Legal Energy Forum. – 2017. – No. 4. – P. 6-14. – DOI 10.18572/2312-4350-2017-4-6-14. – EDN YVRKPB.
2. Zavalny P. N. Opportunities for interaction between sectoral NGOs and the state in the formation of sectoral state policy – An example and position of the Russian gas society // Energy policy. – 2018. – No. 2. – P. 40-45. – EDN UQCPZL.
3. Eremyakin A. V., Dimov O. D. Variant of interaction between OAO Gazprom and business entities of the gas market of the Russian Federation. Bulletin of the Orenburg State Agrarian University. – 2010. – No. 2 (26). – S. 155-158. – EDN MQGCKX.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economic sciences of the Ufa State Petroleum Technological University
SOZYKIN Alexander Dmitrievich
competitor of the Ufa State Petroleum Technological University
SAFRONOV Danil Yurjevich
competitor of the Ufa State Petroleum Technological University
DIGITAL SUPPORT OF THE COMPANY’S BUSINESS PLANNING BASED ON THE BUSINESSSPLAN PRO SOFTWARE MODULE
The presented article discusses the author’s approach to the development of the BusinessPlan Pro software module for strategic financial planning, budgeting and business planning of companies and individual business projects. The authors of the article demonstrate a fragment of the program code and analytical tables that display financial indicators and indicators, on the basis of which a managerial opinion is formed and strategically important managerial decisions are made.
Keywords: business plan, business planning, programming model, BusinessPlan Pro, program code, modeling, forecasting.
References
1. Aliyev V.S. Workshop on business planning using the Project Expert program. – M.: Infra-M., 2017. – 288 p.
2. Luzina E. S., Novikova N. B., Vyguzova K. V. Project management system Project Expert: study method. allowance. – Yekaterinburg: USTU, 2011 – 80 p.
ECONOMY. RIGHT. SOCIETY
SHKAKHOVA Fazilya Abdulakhovna
lecturer of the H. M. Berbekov Kabardino-Balkarian State University
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, scientific research of the Department of Scientific research and Innovation of the H. M. Berbekov Kabardino-Balkarian State University
TSOROEVA Marem Issaevna
senior lecturer of Finance and credit sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
PROSPECTS AND TRENDS IN THE DEVELOPMENT OF POPULATION MIGRATION IN RUSSIA AND ABROAD
People cross state borders to change their place of residence, find a new job or study. In the history of mankind, the movement of people across international borders has always occurred, but the pace of migration has increased everyyear. In recent years, the problem of international migration of the population has become more and more urgent. This is due to the fact that every year millions of people cross borders. The activity of migration processes is explained by the influence of political, social, economic, and environmental factors. International migration has both positive and negative consequences. In general, it can bring certain benefits to countries of origin and destination. But international migration brings problems and risks. Among the problems that international migration leads to, we note the following: the illegal exploitation of migrant workers, the increased burden on social services, and the increased level of social tension. The growth of migration determines the relevance of the research topic. Factors such as globalization, economic inequality and political instability lead to increased migration processes.
Keywords: migration, globalization, economic factors, migration processes, migrants, population, state regulation.
References
1. Babich A. A. Modern trends in migration processes and their significance // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 93-98.
2. Zhubrin R. V. Problems of combating illegal migration in the Russian Federation: monograph. – M.: Prospekt, 2019.
3. Kelepova M. E. Modern trends in demographic policy: the experience of foreign countries in the framework of the implementation of international legal obligations // Management in modern systems. – 2022. – No. 1. – P. 43-49.
4. Krasinets E. S. International labor migration in the development of modern Russia // Population. – 2022. – No. 2. – P. 104-116.
ECONOMY. RIGHT. SOCIETY
YUELONG Zhang
postgraduate student of the Institute of Business, Belarusian State University, Minsk, Republic of Belarus
RISK ASSESSMENT SYSTEM FOR NATIONAL ECONOMIC SECURITY
The article presents a study of the national economic security risk assessment system. The concept of the system is disclosed and the meaning of the terms “assessment” and “risk” is determined. In addition, current threats that can cause significant damage to the national economic security of the Russian Federation are identified. The conclusion is made about the identity and interconnection of the concepts of “national security” and “economic security”. In addition, the position is substantiated that when countering the threats of internal and external impact on the national economy, it is necessary to comprehensively apply risk assessment by means of the “risk management” system, taking into account the backbone principle at the strategic level .
Keywords: system, assessment, risk, national economic security, risk management, system-forming principle.
References
1. Baziev A. Kh. Economic and National Security: Relationship Issues // Young Scientist. –2017. – No. 48. – P. 229-234.
2. Energy Security Doctrine of the Russian Federation. [Electronic resource]. – Access mode: https://minenergo.gov.ru/node/14766 (date of access: 07/14/2023).
3. Zelentsov B.P. The use of the terms “assessment” and “determination” in reliability standards // Reliability. – 2021. – No. 3. – P. 35-38. – doi: 10.21683/1729-2646-2021-21-3-35-38
4. Lev M.Yu. Legal nature of the economic security of the state and its institutional aspects // Economic relations. – 2020. – Volume 10. – No. 2. – P. 447-466. – doi: 10.18334/eo.10.2.100903.
5. Malakhova E.V. The concept of the system and the main paradigmatic foundations of the system approach // Society: philosophy, history, culture. – 2021. – No. 6. – P. 17-23. – doi: 10.24158/fik.2021.6.2
6. Mityakov E.S., Mityakov S.N. Risk assessment in the tasks of monitoring threats to economic security. Proceedings of Nizhny Novgorod State Technical University. – 2018. – No. 1 (120). – P. 48.
7. Fundamentals of the state policy of the Russian Federation in the Arctic for the period up to 2035. [Electronic resource]. – Access mode: http://static.kremlin.ru/media/events/files/ru/f8ZpjhpAaQ0WB1zjywN04OgKiI1mAvaM.pdf. (Date of access: 07/14/2023).
8. Decree of the President of the Russian Federation of December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation” [Text] // Collection of Legislation of the Russian Federation.2016. No. 1 (part II). Art. 212.
9 Federal Law No. 390-FZ of December 28, 2010 (as amended on October 5, 2015) “On Security” [Text] // Collection of Legislation of the Russian Federation. 2011. No. 1. Art. 2.
10. Energy strategy of the Russian Federation for the period up to 2035. [Electronic resource]. – Access mode: https://minenergo.gov.ru/node/1026 (date of access: 07/14/2023).
11. Bertalanffy L. von. General System Theory: Foundations, Development, Applications. N. Y., 1969. 289 p.
PHILOSOPHY. RIGHT. SOCIETY
WANG Gang
Ph.D. in philological sciences, associate professor of the Dalian University of Foreign Languages, PRC
LI Xin
postgraduate student of the Dalian University of Foreign Languages, PRC
COMPARISON OF DIFFERENT TEXTS OF THE TRANSLATION INTO RUSSIAN OF THE PHILOSOPHICAL TREATISE “DÀO DÉ JĪNG”
The article is dedicated to the description and comparison of early translations of the philosophical treatise “Dào Dé Jīng” by Lao Tzu. The aim of this work is a comparative analysis of translations of the “Dào Dé Jīng” into Russian. The practical significance of the article lies in the fact that its materials may be of interest to philologists, students of foreign languages, philosophers and literary scholars studying the culture of ancient China. The author from the earlier translations of the early 20th century fills biographical information about Lao-tzu, his interest in knowing his Way, characterizes the basic concepts presented in the translations, and compares the translation of some lines. The author concludes that twentieth-century literati sought a more accurate reflection of Lao-tzu’s philosophical thoughts on Taoism. The main concepts mentioned in the translations are Tao (Tao), Heaven and Earth, Wisdom, Humanity, Power and Strength, Light and Darkness. The study can be continued in the comparative aspect of the early and later translations of the philosophical treatise.
Keywords: translation, Russian, Chinese philosophical treatise “Dào Dé Jīng”, Lǎo Zǐ, China.
References
1. Balmont K. Anthems, songs and plans of the ancients. – M .: T / D “Printing”, 1908. – 222 p.
2. Kobzev A. I. Lao-tzu and Buddha – “coincidence of two in one” or “bifurcation of one”? // Society and state in China. – M.: Eastern literature, 2009. – S. 221-225.
3. Lao Si. Tao-Te-King or writing about morality. / Ed. L. N. Tolstoy. Per. from Chinese prof. D. P. Konissi, note. S. N. Durylina. – M.: T / D “Printing”, 1913. – 72 p.
4. Lukyanov A. E. Tao Te Ching: Prephilosophy and Philosophy // Philosophical Sciences. – 1989. – No. 2. – P. 46-54.
5. Popov E. I., Tolstoy L. N. Sayings of the Chinese sage Lao Tze, selected by L. N. Tolstoy. – M .: Tipo-lit. T-va I.N. Kushnerev and Co., 1910. – 32 p.
6. Yang Hing-shun. Dao Te Ching. Per. with an ancient whale // Ancient Chinese philosophy. In 2 vols. T. 1. – M.: Thought, 1972. – S. 114-139.
PHILOSOPHY. RIGHT. SOCIETY
GRISHINA Elena Sergeevna
Ph.D. in science philosophicals, associate professor of Military-political work in the military (forces) sub-faculty of the S. O. Makarov Pacific Ocean Higher Naval School of the Ministry of Defense of the Russian Federation
KOTLOVA Tatiana Borisovna
Ph.D. in historical sciences, professor of History, philosophy and law sub-faculty of the Ivanovo State Energetical University
ETHICAL AS A UNITY OF LEGAL, ETHICAL AND MORAL REGULATION
Based on the actualization of the need to deepen the study of all forms of communication in the current situation of the development of the anthropological crisis, the authors study the role of norms of behavior in various forms of communication. The result of the study is the conclusion about the need for theoretical and practical distinction between the norms of morality, ethics and law in order to develop a methodology that is as uniform as possible for the majority of their unification in the context of ethics. Ethical reasoning in conjunction with natural science research is designed to increase the effectiveness of the legal system by increasing the degree of coincidence of public and individual interests and norms of behavior.
Keywords: law, morality, morality, ethics, individuality, socialization, rationing.
References
1. Adorno T. V. Problems of moral philosophy / Per. with him. M. L. Khorkova. – M.: Respublika, 2000. – 239 p.
2. Apresyan R. G., Huseynov A. A. Ethics: Encyclopedic Dictionary. – M.: Gardariki, 2001. – P. 573.
3. Akhmetshina Yu. V. Legal ethics of a lawyer and a judge: site // MNKO. – 2018. – No. 2 (69). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-etika-yurista-i-sudi (date of access: 01/16/2023).
4. Melnik S.V. Correlation of legal and moral principles of behavior of judges of the Russian Federation: site // Uchenye zapiski OGU. Series: Humanities and social sciences. – 2015. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sootnoshenie-pravovyh-i-nravstvennyh-nachal-povedeniya-sudey-rf (date of access: 03/16/2023).
5. Muratov R. E. On the codification of the moral standards of judges in the Russian Federation: website // Law and Law. – 2018. – No. 12. – P. 31-134. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-kodifikatsii-nravstvennyh-norm-deyatelnosti-sudey-v-rossiyskoy-federatsii (date of access: 03/22/2023).
6. Nazarenko G. V. History of guilt and subjective imputation: site // Uchenye zapiski OSU. Series: Humanities and social sciences. – 2013. – No. 1. – P. 5-9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-viny-i-subektivnogo-vmeneniya (date of access: 04/23/2023).
7. Novgorodtsev P. I. The crisis of modern legal consciousness: site. – Moscow: Publishing house of the I. N. Kushnerev and Co., 1909. (Introduction to the philosophy of law). – [Electronic resource]. – Access mode: http://elib.shpl.ru/ru/nodes/58658-novgorodtsev-p-i-krizis-sovremennogo-pravosoznaniya-m-1909-vvedenie-v-filosofiyu-prava-vyp-2#mode/inspect/ page/7/zoom/4 (date of access: 04.04.2023).
8. Rulinsky V. V. “The problem of guilt” in the writings of Karl Jaspers // Bulletin of MGIMO. – 2011. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-viny-v-trudah-karla-yaspersa (date of access: 05/04/2023).
9. Sapolsky R. Biology of Good and Evil. How science explains our actions. – M .: LLC “Alpina non-fiction”, 2019. – 1399 p.
10. Modern dictionary of foreign words. – Moscow: Russian language, 1999. – 742 p.
11. Turysheva O. Wine as a subject of artistic thought: F. M. Dostoevsky, F. Kafka, L. Von Trier. – Yekaterinburg: Publishing House of the Ural University, 2017. – 152 p.
12. Philosophy: Encyclopedic Dictionary / Under. ed. A. A. Ivina. – M.: Gardariki, 2004. – 1072 p.
13. Yurchak E. V. The theory of guilt in law. – M.: Prospekt, 2016. – 160 p.
14. Jaspers K. The spiritual situation of time // Jaspers K. The meaning and purpose of history. – M.: Politizdat, 1991. – S. 288-420.
PHILOSOPHY. RIGHT. SOCIETY
KOBYLKIN Roman Alexandrovich
Ph.D. in science philosophicals, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
SOME PROBLEMS OF THE STUDY OF SOCIO-PHILOSOPHICAL ASPECTS OF LAW
The article attempts to analyze the law from the standpoint of social philosophy. The specificity of philosophical cognition of reality consists in the desire to find the ultimate foundations of existence. If this is a social philosopher, then in this case, these grounds may be law. Despite the fact that there is a whole section of philosophy of law in Russian science, however, the definition of law in it comes from historically established ideas, in its Kantian and Hegelian understanding. Therefore, there is a need to understand law from the standpoint of sociology and philosophy. The indicated research perspective fully corresponds to the subject of philosophy and sociology.
Keywords: law, social philosophy, sociology of law, legal law.
References
1. Gubin V. D. Philosophy: actual problems. 2nd ed. – M., 2006. – S. 7.
2. Hegel G. V. F. Philosophy of law. – M., 1990. – S. 59.
3. Hegel G. V. F. Philosophy of law. – M., 1990. – S. 60.
4. Hegel G. V. F. Philosophy of law. – M., 1990. – S. 67.
PHILOSOPHY. RIGHT. SOCIETY
KULESHOV Valeriy Ermolaevich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the S. O. Makarov Pacific Ocean Higher Naval School of the Ministry of Defense of the Russian Federation
MEANING OF LIFE AND DUTY: DIALECTICS OF INTERRELATION
The author demonstrates that sense of duty of man is inextricably connected with his understanding of the meaning of life, the latter being the ultimate value of a person. Therefore societal claims transforms into personal sense of obligation in case they coinside with person’s vital concerns. The article examines the concept of sense of duty, postulates the necessity of, morality and justice in the sphere of politics.
Keywords: meaning of life, duty, morality, dialectics, interest, mentality, values.
References
1. Berdyaev N. A. Self-knowledge. – M.: International relations, 1990. – 336 p.
2. Godfroy J. What is psychology. – M.: Mir, 1992. – 368 p.
3. Montaigne M. Experiments. – M.: Pravda, 1991. – 656 p.
4. Sartre J.-P. Existentialism is humanism // Twilight of the gods. – M.: Politizdat, 1979. – S. 319-434.
5. Spinoza B. Ethics proved in geometrical order // Spinoza B. Favorites. – Minsk: Potpourri, 1999. – S. 313 – 590.
6.Tolstoy L. N. Confession // I cannot be silent. – M.: Soviet Russia, 1985. – S. 39-96.
7. Philosophy: Encyclopedic Dictionary. – M.: Gardariki, 2004. – 1072 p.
8. Frankl V. Man in search of meaning. – M.: Progress, 1990. – 368 p.
9. Cicero. About old age, about friendship, about duties. – M.: Nauka, 1993. – 123 p.
10. Chanyshev A. N. A course of lectures on ancient philosophy. – M.: Higher School, 1981. – 374 p.
11. Manning D., Robinson T. The place of ideology in political life. – L.: Croom Helm, 1985. – 156 p.
PHILOSOPHY. RIGHT. SOCIETY
SALIKHOV Gafur Gubaevich
Ph.D. in philosophy sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
SPIRITUAL CULTURE OF PEOPLES BETWEEN THE IRTYSH AND THE VOLGA IN THE MIDDLE AGES
The text presents a philosophical overview of spiritual culture within the framework of the historical connection of the medieval Turkic-Persian world. The name of Yu. Balasagunsky, due to the historical significance of his work for the Turkic civilization, is also assigned a link in the chain of the spiritual heritage of the Bashkir people. The issues of the adoption of Islam, spiritual education, the influence of the Turkic-Persian culture on the life of the people are touched upon. In the Middle Ages, the culture of the Turks, who inhabited the expanses from the Aral to the Urals, from the Irtysh to the Volga, developed under the influence of the Persian world.
Keywords: language, spirituality, culture, writing, poem, knowledge, faith.
References
1. Salikhov G. G. Language as a sphere of culture of the dialogue of cultures (on the example of the Bashkir language). The culture of the dialogue of cultures in a globalizing world / Collective monograph: scientific editors Fayzullin F. S., Mamedzade I. R., Melikov I. M., Gezalov A. A. – Moscow: “Canon +” ROOI “Rehabilitation”, 2022. – 520 p.
2. Mahmud al-Kashgari. Sofa Lugat at-Turk. / Translated, foreword. and comment. Z.-M. Auezov. – Almaty, 2005. – 1279 p.
PHILOSOPHY. RIGHT. SOCIETY
STEPANENKO Alexey Sergeevich
Ph.D. in science philosophicals, associate professor, Head of Humanitarian and socio-economic sciences sub-faculty, Director of the East Siberian (Branch) of the Russian State University of Justice, Irkutsk
THE PHILOSOPHY OF ARTIFICIAL INTELLIGENCE AND THE NATURE OF CONSCIOUSNESS
One of the central questions of the philosophy of artificial intelligence is whether machines can really have intelligence. This question is closely related to the nature of consciousness. The relevance of the research lies in the fact that consciousness refers to the subjective experience of awareness, self-reflection and the ability to perceive and comprehend the world, and understanding the nature of consciousness is crucial for determining whether machines can exhibit intelligence expressed in awareness or simply imitate the process. The object of research is intelligence and consciousness as a subjective experience of self-reflection and self-awareness by a person, the subject of research is artificial intelligence as a phenomenon of technological development of society. The purpose of the study is to consider issues related to the possibility of creating machines capable of demonstrating reasonable behavior, the manifestation of ethical aspects related to artificial intelligence, and its impact on human society. In the article, the authors discuss key issues and implications related to artificial intelligence consciousness, including ethical considerations, moral responsibility, and the potential reinterpretation of human identity.
Keywords: integrated information, self-reflection, awareness, functionality, moral responsibility, ethics of behavior.
References
1. Haugeland J. Artificial intelligence: The very idea. – MIT press, 1989.
2. Poletaeva Yu. G., Dyakova N. V. Peculiarities of Descartes’ epistemology: dualism of methodical doubt // Colloquium-journal. – Golopristan Regional Employment Center, 2019. – No. 12 (36). – P. 87-89.
3. Sekatskaya M. A. Functionalism as a scientific philosophy of consciousness: why the argument about qualia cannot be decisive // Questions of Philosophy. – 2014. – No. 3. – P. 143-152. – EDN SBTQDR.
4. Tanyushina A. A. Philosophical problems of the theory of integrated information D. Tononi // Bulletin of the Moscow University. Series 7. Philosophy. – 2020. – No. 1. – P. 18-31.
5. Turing T. Can a machine think? – M., 1960.
PHILOSOPHY. RIGHT. SOCIETY
YASHIN Anatoliy Nikolaevich
Ph.D. in science philosophicals, associate professor, Head of Jurisprudence sub-faculty of the Murmansk Arctic University
KOPYLOV Ilya Vladimirovich
competitor of Philosophy and social sciences sub-faculty of the Murmansk Arctic University
METAPHYSICS OF THE REVOLUTION IN EURASIAN HISTORIOSOPHY
Eurasian thinkers offered an original view of the spiritual meaning of the Russian revolution, different from all interpretations existing at that time. Considering the process of degradation of imperial statehood in its final period of development, the Eurasianists noted among the pernicious causes the intensive processes of cultural westernization, which destabilized social relations. Their result was the atomization of the social community, the dismemberment of the once single social organisms into antagonistic classes and groups, and the aggravation of the internal struggle between them. In Bolshevism, the Eurasianists recognized a necessary, but at the same time temporary, guarantee of maintaining the territorial integrity of the state. The historical necessity of Bolshevism was due to the need to urgently slow down the processes of Europeanization and turn the Russian state to the internal cultural reserves of its own development.
Keywords: Eurasianism, state, power, Russian revolution, ideology, dictatorship, symphonic personality, Russia-Eurasia.
References
1. Alekseev N. N. Eurasianism and Marxism // Eurasian collection / Ed. N. N. Alekseev, V. N. Ilyin, N. A. Klepinin, P. N. Savitsky and K. A. Chkheidze. – Prague: Eurasian publishing house, 1929. Book. 6. – P. 7-15.
2. Eurasianism: the experience of a systematic presentation // Savitsky P. N. Continent Eurasia. – M.: Agraf, 1997. – S. 13-78.
3. Karsavin L.P. Phenomenology of revolution // Klyuchnikov S.Yu. Russian knot of Eurasianism. East in Russian thought. Collection of works of Eurasians. – M.: Belovodie, 1997. – 527 p.
4. Suvchinsky P.P. To overcome the revolution // Evraziyskiy vremennik. Book. III. – Berlin: Eurasian publishing house, 1923. – S. 30-51.
5. Trubetskoy N. S. Europe and humanity. – Sofia: Russian-Bulgarian publishing house, 1920. – 82 p.
6. Trubetskoy N. S. We and others // Evraziyskiy vremennik. Book. V. – Paris: Eurasian publishing house, 1927. – S. 66-81.
PHILOSOPHY. RIGHT. SOCIETY
ABDEEV Artur Azatovich
master of Sharia Sciences, doctoral student of the Bulgarian Islamic Academy, Republic of Tatarstan, Bolgar
HADITH ABOUT THE RENEWAL OF RELIGION IN THE UNDERSTANDING OF SHIHABUTDIN MARJANI» (BASED ON THE BOOK «MUKADIMA WAFIYYAT AL-ASLYAF»)
The article presents an analysis by Shigabutdin Al-Marjani of the well-known hadith regarding the “renewal of religion” based on the work of “Mukadim Wafiyyat al-aslyaf wa tahiyyat al-ahlyaf” (“Preface to devotion to ancestors and greetings to descendants”) by the outstanding theologian Sh. Marjani (1818-1889). This work is written in Arabic and is an interpretation of the work, which details the issues of history related to the section of history. It is distinguished by many features that distinguish it from other works on this subject.
After a deep analysis, one can come to the conclusion that Marjani does not consider this hadith literally, believing that it is impossible to limit a century to only one person who has made a significant contribution to the development of Muslim society, believing that in every sphere of human life there will constantly appear people who will make a significant contribution to the development of both science and society as a whole.
Keywords: Marjani, ibn Khaldun, history, Wafiyyat al-aslyaf, tajdid, muqadimah, hadith, renewal of religion.
References
1. Adygamov R.K. Problems of Islamic law in the legacy of Shigabutdin Marjani Minbar // Islamic Studies. – 2019. – No. 12 (2). – S. 499-510.
2. Akhunov A. Books by Marjani // Idel. – 2008. – № 11. – S. 52-53.
3. Akhunov A. Shigabutdin Marjani. Being great is not easy // Idel. – 2008. – № 6. – S. 26-30.
4. Gabdullin Z. Mukaddima Vafiyat al-aslaf wa tahiyat al-akhlaf: Sh. Marjani as a source on the history of Islam: // From the history of Tatarstan and the Tatar people. – Kazan: Fan. 2003. – S. 60-70.
5. Zaripov I. Islamic theologians, Tatar public figures about Sh. – 2005. – № 1. – P. 161-171.
6. Marjani Sh. Vafiyat al-aslaf wa tahiyat al-akhlaf. Manuscript. Kazan Federal University. – V. 6. – 240 p.
7. Marjani Sh. Mukaddima. – Kazan: Type. G. M Vyacheslav, 1883. – 411 p.
8. Miloslavsky G.V. Petrosyan Yu.A. Piotrovsky M.B. etc. Islam: Encyclopedic Dictionary. – Moscow: Science. Main edition of Eastern literature, 1991. – 315 p.
9. Olina S. Mardzhani, a person and a thinker // Republic of Tatarstan. – 2018. – No. 137. – P. 5-12.
10. Syukiyainen L. R. Islamic law: the interaction of legal and religious principles // Yearbook of libertarian legal theory. – 2007. – № 1. – S. 97-106.
11. Khairullina A. “Tatar Herodotus” // Kazan. – 2018. – No. 2. – P. 14-16.
12. Shagaviev D. A. The role of Shigabutdin Marjani in the development of Tatar theological thought of the 19th century: dis. … cand. ist. Sciences. – Kazan, 2010. – 187 p.
PHILOSOPHY. RIGHT. SOCIETY
KONOPLEVA Anna Alexeevna
Ph.D. in science philosophicals, associate professor, Deputy Head of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE INFLUENCE OF THE POLITICAL FACTOR ON THE DEVELOPMENT OF YOUTH IDENTITY (ON THE EXAMPLE OF THE REPUBLIC OF CRIMEA)
The article discusses various aspects of the influence of the political factor on the development of youth identity. As an empirical base, the processes associated with the secession of Russia and the Republic of Crimea are considered. It has been established that the formation of human capital depends on the political decisions made. Five areas of political work have been identified (defining a consolidating principle, drawing demarcation lines, combating fake influence, supporting youth initiatives, raising political culture), which are becoming relevant in the modern conditions of hybrid influence. The materials and proposed in the article on the formation of youth identity in the conditions of hybrid influence recommendations can be used when organizing activities in the new territories of Russia.
Keywords: identity, youth, political factor, Republic of Crimea, worldview, “Crimean Spring”, state security, hybrid technologies.
References
1. Konopleva A. A. Hybridity of modern civilization // POISK: Politics. Social science. Art. Sociology. Culture. – 2018. – No. 4 (69). – P. 53-61.
2. Chudina-Schmidt N. V., Mishchenko V. S. Informatization of the modern world as a condition for the transition of the individual to criminal plans and the commission of a crime // Digital World: Prospects and Threats for Human Civilization. Part 2. Collection of scientific articles based on the materials of the International Scientific and Theoretical Conference. – 2023. – P. 173-177.
3. Zvereva I. A. Identity as a philosophical problem: abstract for the degree of candidate of philosophical sciences. [Electronic resource]. – Access mode: http://cheloveknauka.com/identichnost-kak-filosofskaya-problema (date of access: 05/27/2023).
4. Krautman T. E., Balatskaya Yu. Yu. The structure of the semantic field “mentality and worldview” as a reflection of the formation of youth principles under the influence of social networks // Ensuring the mental security of youth in conditions of real threats and potential challenges. – Simferopol, 2021. – P. 61-67.
5. Butkevich S. A. Fake news and media: problems of differentiation and penalization // Yurist-Pravoved. – 2021. – No. 2 (97). – P. 74-79.
6. Muddy S. Theories of personality: a comparative analysis. – St. Petersburg: Speech, 2000. – 542 p.
PHILOSOPHY. RIGHT. SOCIETY
POKUL Anastasia Anatoljevna
scientific researcher of the Information Technology Department of the Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
CULTURE OF INFORMATION SECURITY OF CITIZENS OF THE RUSSIAN FEDERATION IN THE CONDITIONS OF DIGITALIZATION OF THE ECONOMY
The article discusses the threats to information security, pays attention to the formation of an information security culture not only among citizens, but also among civil servants. It is proposed to develop measures to protect information among different age categories of citizens, because information is today one of the most important strategic and management resources.
Keywords: information security, information security culture, information culture, threats to information security, information, information protection.
References
1. Nurmeeva N. R. Formation of information culture as a reflection of modern requirements of the information society // Educational technologies and society. – 2008. – T. 11. No. 4. – 406 p.
2. Prokhorova E. N. Legal aspects of ensuring cybersecurity // Gaps in law in the context of digitalization Collection of scientific papers / Team of authors, Infotropic Media LLC. – Moscow: Infotropic Media, 2022. – 424 p.
PHILOSOPHY. LAW. SOCIETY
SEMKIN Andrey Vladimirovich
postgraduate student of Philosophy sub-faculty of the Humanitarian Institute of the North Caucasus Federal University, Stavropol
THE SPECIFICITY OF THE VALUE FOUNDATIONS OF COMMUNICATION IN THE CONTEXT OF SYSTEMIC AND STRUCTURAL CHANGES IN MODERN RUSSIAN SOCIETY
The article discusses the features of the axiological profile of communication between Russian social subjects in the context of modern socio-political instability and economic sanctions. In the political sphere, structural and systemic changes are associated with the need to ensure national security, therefore, at the basis of communication between social subjects, political structures broadcast the values of patriotism, based, in turn, on the orientation towards the statehood and political sovereignty of Russia as a special country-civilization. In Russian economic structures, the development of values associated with innovative thinking, the ability to both scientific and technical creativity, and the ability to introduce developed and created innovative materials, processes and technologies into the scientific and production environment is especially significant.
Keywords: society, social structure, communication, values, political institutions, patriotism, economy, creativity.
References
1. Sorokin P. A. Social and cultural dynamics. – M.: Academic project, 2020. – 988 p.
2. 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.
3. 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.
4. 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.
5. 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.
6. Ponarina N. N., Gubanova M. A., Rudykh S. A. Spirituality of the person of the information society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 145-151.
7. 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. – № 5. – S. 83-86.
8. Luman N. Society as a social system. – M.: Logos, 2004. – 232 p.
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
ON SOME ASPECTS AND PROSPECTS OF DEVELOPMENT OF NATIONAL SELF-CONSCIOUSNESS OF AUTOCHTONIC PEOPLES OF THE RUSSIAN FEDERATION OF THE RUSSIAN FEDERATION
The author analyzes certain aspects of national identity. The central issues of the study are the possible prospects for the national identity of the autochthonous peoples of the Russian Federation in the modern era.
Keywords: autochthonous peoples, nation, national identity, national languages, localization, globalization, identity, ethnicity.
References
1. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5988412.
2. Arkaim / S. V. Kuzminykh // Ankylosis – Bank. – 2005. – S. 225. – (Great Russian Encyclopedia: [in 35 volumes] / editor-in-chief Yu. S. Osipov; 2004-2017, v. 2). — ISBN 5-85270-330-3.
3. Derbent / Alikberov A. K., Gadzhiev M. S., Kasumov N. K., Skakov A. Yu., Khan-Magomedov S. O. // Great Russian Encyclopedia. — 2007, 2020.
4. Scythians // Great Soviet Encyclopedia.
5. Sulimirsky T. Sarmatians. Ancient people of the south of Russia. – M.: ZAO Tsentrpoligraf, 2008.
6. Gumilyov L. N. The history of the Xiongnu people. Kovalyov A. A. The origin of the Xiongnu according to the data of history and archeology. // Europe – Asia: Problems of ethno-cultural contacts. To the 300th anniversary of St. Petersburg. – St. Petersburg, 2002. – P. 150194.
7. Gavritukhin I. O. Huns // BRE. T. 8. – M., 2007. – S. 160.
8. Kyzlasov I. L. Television tower – Ulaanbaatar. — M.: Great Russian Encyclopedia, 2016. — P. 621—622.
9. Taskin V. S. Materials on the history of the ancient nomadic peoples of the Donghu group / N. Ts. Munkuev. – Moscow: Nauka, 1984. – S. 4. – 487 p.
10. Arapov D. Yu. Avar Khanate // BRE.
11. Yampolsky Z. I. Caucasian Albania // Great Soviet Encyclopedia. – M., 1969. – T. I.
12. Mammaev M. M. Zirihgeran-Kubachi, essays on history and culture. – Makhachkala, 2005. – P. 50.
13. Veidenbaum E. Journey through the Caucasus. – Tiflis, 1888. – S. 109.
14. Ancient Turkic runic writing // Great Russian Encyclopedia: [in 35 volumes] / ch. ed. Yu. S. Osipov. — M.: Great Russian Encyclopedia, 2004. — 2017.
15. Archeology of the USSR. Ancient states of the Northern Black Sea region. – M., 1984.
16. Komissarov S. A., Shulga D. P. Avar antiquities as a possible basis for identifying the archaeological sites of the Juan // Bulletin of the Novosibirsk State University. Series: History. Philology. – 2009. – V. 8, no. 5. – S. 186-188.
PHILOSOPHY. RIGHT. SOCIETY
YASHIN Anatoliy Nikolaevich
Ph.D. in science philosophicals, associate professor, Head of Jurisprudence sub-faculty of the Murmansk Arctic University
KOPYLOV Ilya Vladimirovich
competitor of Philosophy and social sciences sub-faculty of the Murmansk Arctic University
IDEOLOGICAL AND MORAL FOUNDATIONS OF STATE LEGAL PROJECTING IN THE DOCTRINE OF EURASIANITY
This article shows the ideological and moral foundations of state-legal design in the teaching of Eurasianism. The authors emphasize the desire of Eurasians for comprehensiveness and depth in revealing the social, political, legal, economic, spiritual and other spheres of the existence of the Russian state and society. It is noted that when analyzing each of these areas, the Eurasians sought to discover the spiritual and metaphysical principles that permeate the entirety of even the most ordinary and routine human activity, as well as to the problem of moral choice and personal self-improvement of a person.
Keywords: Eurasianism, statehood, society, law, justice, truth, freedom, demotia.
References
1. Alekseev N. N. Russian people and state. M.: Agraf, 1998. 640 p.
2. Alekseev N. N. On the guarantee state // Eurasian chronicle. 1937. Issue. 12. P. 19-24.
3. Alekseev N. N. Ownership and socialism. Experience in substantiating the socio-economic program of Eurasianism. Paris: Eurasian Book Publishing, 1928. 117 p.
4. Alekseev N. N. To the question of the transformation of the Soviet state system // Eurasian collection. Edited by: N. N. Alekseev, V. N. Ilyin, N. A. Klepinin, P. N. Savitsky and K. A. Chkheidze. Prague: Eurasian publishing house, 1929. Book. 6. 80 p.
5. Alekseev S. S. Law: alphabet-theory – philosophy: Experience of complex analysis. M.: NORMA-INFRA, 1999. 712 p.
6. Maksheev N. A. On the education of the leading selection // Eurasian Chronicle. 1937. No. 12. P. 34.
7. Savitsky P. N. Ideas and ways of Eurasian literature // Selected / P. N. Savitsky; [comp., author intro. Art. E. L. Petrenko, authors comment. M. I. Ivanov, T. V. Ivanova, A. L. Petrenko]. M.: Russian Political Encyclopedia (ROSSPEN), 2010. 776 p.
8. Sadovsky, Ya. D. To the Opponents of Eurasianism (Letter to the Editor) // Eurasian Times. – Book III / Non-periodical edition, ed. P. N. Savitsky, P. P. Suvchinsky and Prince. N.S. Trubetskoy. Berlin: Eurasian Book Publishing, 1923. P. 170.
9. Trubetskoy N. S. All-Eurasian federalism // Eurasian chronicle. Paris, 1927. Issue. 9. P. 261.
10. Shatmatov M. A. The State of Truth (An Experience in the History of State Ideals in Russia) // Eurasian Times. Berlin, 1923. Book 3. P. 296.
11. Wiederkehr S. “Conservative revolution” a La Russe? AN interpretation of classic eurasianism in a European context // Journal of Modern European History. 2017. V. 15. No. 1. P. 72.
12. Alekseev N. N. Soviet federalism // Eurasian Vremennik. 1927. Book. 5. S. 254.
BURYANOV Sergey Anatoljevich
Ph.D. in Law, associate professor, associate professor of the Department of Law of the Institute of Economics, Management and Law of the Moscow City Pedagogical University
THE RIGHT TO FREEDOM OF CONSCIENCE IN THE CONDITIONS OF GLOBAL PROCESSES AND CHALLENGES 4.0
The article examines the right to freedom of conscience in the context of global processes and challenges 4.0. The necessity of reforming legal norms in the field of freedom of conscience is substantiated on the basis of: a new paradigm as an opportunity for worldview choice; the principle of the supremacy of international law, including the legal certainty of key terms; the principle of ideological neutrality; the principle of mutual respect regardless of differences and overcoming xenophobia, intolerance and discrimination. The risks of digital technologies 4.0 are considered, which allow influencing the work of the human brain, as well as extracting, storing and processing information. It is concluded that in the current conditions of digital global processes and challenges 4.0, the effective implementation of human rights, including the right to freedom of conscience, requires not only the improvement of already established principles, norms, mechanisms, but also the legal consolidation of a new generation of digital human rights.
Keywords: global processes, global challenges 4.0, the right to freedom of conscience, digital human rights.
References
1. Buryanov M. S. Digital human rights in the context of global processes: theory and practice of implementation. Monograph. – M.: Rusajns 2022. – 148 p.
2. Buryanov S. A. Significance and prospects of internationally recognized human rights, including freedom of thought, conscience and religion, in the context of globalization of public relations // Eurasian legal journal. – 2015. – No. 12 (91). – P. 25-28.
3. Buryanov S. A. International recognition of the right to freedom of conscience and the problems of its implementation in the Russian Federation in the context of modern global processes. Monograph. – M.: Polygraph service, 2020. – 624 p.
4. Buryanov S. A., Buryanov M. S., Nikitaev D. M. The right to freedom of conscience in the context of global processes: theory and practice of implementation in the Russian Federation. Monograph. – M.: Rusajns, 2020. – 236 p.
5. World Report 2021. Our annual review of the human rights situation around the world. [Electronic resource]. – Access mode: https://www.hrw.org/ru/world-report/vsemirnyy-doklad-2021 (date of access: 02/27/2023).
6. Annual report 2020/21. Human Rights in Europe and Central Asia. – [Electronic resource]. – Access mode: https://eurasia.amnesty.org/chto-my-delaem/godovoj-doklad/ (date of access: 02/27/2023).
7. Epifanov A. E., Lakeev A. E. Action of international legal standards in the legal system of the Russian Federation. Monograph. – M. Yurlitinform. 2014. – 176 p.
8. Ivaneev S. V. Priests instead of “commissars”? // Military legal journal. – 2010. – No. 7. – P. 28-30.
9. Krotkova N. V. International ways of protecting the rights and freedoms of man and citizen: the constitutional and legal aspect // Education and Law. – 2020. – No. 2. – P. 63-68.
10. Minchenko T. P. The problem of ideological identity and the principle of freedom of conscience in the post-secular world // Bulletin of the Tomsk State University. – 2011. – No. 345. – P. 47-51.
11. Minchenko T. P. The problem of freedom of conscience in the era of post-secularity: Origins and prospects: dis. … doc. philosopher. Sciences. – Tomsk, 2011. – 243 p.
12. Mozgovoy S. A. On the issue of introducing the institution of the military clergy in the Russian army // Military legal journal. – 2010. – No. 11. – P. 2-10.
13. Nikitaev D. M. Problems of realization of freedom of conscience in modern Russia and the world. Monograph. – M.: Rusajns, 2020. – 146 p.
14. Nikitaev D. M. Modern problems of implementing the principle of secular state in the Russian Federation. – M.: KNORUS, 2021. – 200 p.
15. Ohmae K. Thinking of a strategist. Japanese Business Art = The Mind of the Strategist: The Art of Japanese Business. – M.: “Alpina Publisher”, 2007. – 224 p.
16. Professor Kaplan spoke about technologies for connecting the human brain with artificial intelligence. – [Electronic resource]. – Access mode: https://fbm.ru/novosti/science/professor-kaplan-rasskazal-o-tehnologijah-svjazi-mozga-cheloveka-s-iskusstvennym-intellektom.html?utm_source=yxnews&utm_medium=desktop (date of access : 02/27/2023).
17. Religion in the elections in Russia. Factor of State Relations with Religious Associations in the Federal Election Cycle of 2003-2004. – M., 2005. – 200 p.
18. Rudinsky F. M. Science of human rights and problems of constitutional law. – M.: CJSC “TF “MIR”, 2006. – 1248 p.
19. Savva S. S. Constitutional Lawvoe consolidation of the principle of secular education: the content and practice of implementation // Politics and Society. – 2006. – No. 7-8. – S. 106-115.
20. Secular state in questions and answers: briefly, accessible and relevant / Ed. I. Kondratiev. – M. 2015. – 62 p.
21. Farkhutdinov I. Z. The American Doctrine of a Preventive Strike from Monroe to Trump: International Legal Aspects. – M. 2018. – 419 p.
22. Farkhutdinov I. Z. International law in the context of globalization // Law and Politics. – 2003. – No. 8. – C. 141-149.
23. Farkhutdinov I. Z. International law on the principle of non-use of force or threat of force: history and modernity // Eurasian Law Journal. – 2015. – No. 11 (90). – P. 34-38.
24. Farkhutdinov I. Z. International legal regulation of investment relations: theory and practice: dis. … doc. legal Sciences. – M. 2006. – 390 p.
25. Farkhutdinov IZ Preventive self-defense in international law: application and abuse // Moscow Journal of International Law. – 2016. – No. 4 (104). – P. 97-124.
26. Chumakov A. N. Global world: clash of interests. Monograph. – M. 2018. – 512 p.
27. Beck U. Was ist Globalisierung? Frankfurt a. – M., 1998. – P. 28-44.
28. Berthet A. Why do emerging AI guidelines emphasize “ethics” over human rights? – [Electronic resource]. – Mode of access: https://www.openglobalrights.org/why-do-emerging-ai-guidelines-emphasize-ethics-over-human-rights/ (Accessed 02/27/2023).
29. Elon Musk: Tesla Bot could develop a unique personality and become a companion. – [Electronic resource]. – Mode of access: https://electrek.co/2021/12/29/elon-musk-tesla-bot-could-develop-unique-personality-become-companion/ (Accessed: 02/27/2023).
30. Farkhutdinov I. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. – Cambridge Scholars Publishing.2020. – 533 p.
31. Giddens A. The Consequences of Modernity. – Stanford University Press, 1990. – 186 p. – R. 63-71.
32. Here’s why we need a Declaration of Global Digital Human Rights. World Economic Forum. – [Electronic resource]. – Mode of access: https://www.weforum.org/agenda/2020/08/here-s-why-we-need-a-declaration-of-global-digital-human-rights/ (Date of access: 27.02. 2023).
33. Institute for the Future of Life. existential risk. – [Electronic resource]. – Access mode: https://futureoflife.org/background/existential-risk/ (Accessed: 02/27/2023).
34. Levitt T. The globalization of markets // Harvard Business Review. – May-June. – 1983. – No 3. – P. 2-11.
35. Ohmae K. The End of the Nation State: The Rise of Regional Economies. – Free Press. 1995. – 214 p.
36. Ohmae K. The Next Global Stage: Challenges and Opportunities in Our Borderless World. – Wharton School Publishing, 2005. – 312 p.
37. Proposal for a Regulation on a European approach for Artificial Intelligence. – [Electronic resource]. – Mode of access: https://digital-strategy.ec.europa.eu/en/library/proposal-regulation-european-approach-artificial-intelligence (accessed 27.02.2023).
38. Robertson R., Lechner F. Modernization, Globalization and the Problem of Culture in the World-Systems Theory // Theory, Culture & society. – 1985. – № 2. – P. 103-117.
39. Sandberg A., Bostrom N. Global Catastrophic Risks Survey. Technical Report #2008-1, Future of Humanity Institute. – Oxford University. 2008. – Pp. 1-5.
40. Schwab K. Shaping the Fourth Industrial Revolution. Portfolio Penguin. – 2018. – 288 rubles
41. Schwab K. The Fourth Industrial Revolution. – Crown business. – New York. 2017. – 192 rubles
42. Sherif Elsayed-Ali New human rights principles on artificial intelligence. – [Electronic resource]. – Mode of access: https://www.openglobalrights.org/new-human-rights-principles-on-artificial-intelligence/ (Accessed: 02/27/2023).
43. UNDESA World Social Report 2021. – [Electronic resource]. – Mode of access: https://www.un.org/development/desa/dspd/world-social-report/2021-2.html (accessed 27.02.2023).
44. United Nations Secretary-Generals Report “Our common agenda”. – [Electronic resource]. – Access mode: https://www.un.org/en/content/common-agenda-report/assets/pdf/Common_Agenda_Report_English.pdf (Accessed 02/27/2023).
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
MAGOMEDOV Ruslan Romanovich
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University
GROUNDS FOR THE LAWFUL USE OF FORCE IN MODERN INTERNATIONAL LAW
The article raises the problem of the admissibility of the use of force by states, despite the fact that the principle of non-use of force or the threat of force is imperative in international law. The doctrine of “preventive self-defense” is analyzed, which substantiates the legitimacy of the use of force against potential sources of danger. Other theories are given, according to which the use of force is permissible both in support of nations and peoples fighting for self-determination, and in substantiation of the legitimacy of the humanitarian intervention that has developed in the practice of many states.
Keywords: international law, lawful use of force, the principle of non-use of force, the doctrine of “preventive self-defense”.
References
1. Wolfgang GV International law. – Moscow: Nauka, 2011. – 1072 p.
2. Lunev A. A. The principle of non-use of force in international law: the history of formation and current trends // Actual issues of public law: Proceedings of the XVII All-Russian Scientific Conference of Young Scientists and Students. – Yekaterinburg, 2018. – S. 124-129.
3. Orlova I. A. The modern legal regime of the use of force in international relations // I. A. Orlova // Eurasian integration: economics, law, politics. – 2017. – No. 2. – P. 50-56.
4. Farkhutdinov I. Z. International law and the US doctrine of preventive self-defense // Eurasian Law Journal. – 2016. – No. 2. – S. 23-33.
INTERNATIONAL LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MIA of Russia
THE INSTITUTE OF DIPLOMATIC ASYLUM IN REGIONAL INTERNATIONAL LAW ON THE EXAMPLE OF LATIN AMERICAN COUNTRIES
The publication aims to study the legal features of the institution of diplomatic asylum in regional international law on the example of Latin American countries. The author considers various legal theories of substantiating the right of an individual to diplomatic asylum in Iberoamerican law, as well as the judicial practice of states. The content, evolution and significance of regional international legal acts regulating the granting of diplomatic asylum are analyzed in detail.
Keywords: international law; institution of diplomatic asylum; extraterritoriality; human rights; the principle of non-refoulement; regional international law.
References
1. Abashidze A. Kh., Gulyaeva E. E., Trikoz E. N. Technique and practice of international rule-making: challenges and solutions (review of materials of the ESIL International Conference) // Bulletin of RUDN University, Series of Legal Sciences. – 2022. – Vol. 26. – No. 2.
2. Belova O. S. The program for the formation of a common electric power market of the Eurasian Economic Union: the target model of the common market and issues of legal regulation // Eurasian Integration. – 2017. – No. 113.
3. Brownli J. International law. M., 1977. Galenskaya, LN The right of asylum. International legal issues. Moscow: International relations, 1968.
4. Gulyaeva E. E. Legal grounds for restricting the right to liberty and security of person under the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Moscow: Yurlitinform, 2013.
5. Demin Yu. G. Status of diplomatic missions and their staff. M., 1995.
6. Martens F. Modern international law. In 2 volumes. M., 1958. T. 2.
7. Yastrebova A. Yu. Separate forms of regional international legal regulation of the institution of asylum. (Article) // Social and humanitarian sciences. Domestic and foreign literature: IAZH. Ser. 4: State and law. 2023. No. 2.
8. Barboza J. Derecho Internacional Publico. Zavalia Editor. Buenos Aires, 1999.
9. Cahier P., Derecho Diplomatico Contemporaneo. – Ed. Rial. Madrid, 1965.
10. Caicedo Castilla J. El Panamericanismo. Editorial Depalma. Buenos Aires, 1961.
11. Desgravación del autor de los testimonios de Dutrénit, S.; Hernández Marines, C. y Rodríguez de Ita, G.: De Dolor y Esperanza. El asilo un pasado presente [DVD]. Mexico: Instituto de Investigaciones Dr. Luis Maria Mora, 2002.
12. Dutrénit Bielous S. Notas para estudiar el asilo diplomático en Argentina, 1974-1982. Estudios Nº 13, Enero-Diciembre 2000, Centro de Estudios Avanzados de la Universidad Nacional de Córdoba.
13. Hathaway J. The Rights of refugees under international law, 2nd edition. Cambridge, 2021.
14. Laura Hughes-Gerber. Diplomatic asylum: exploring a legal basis for the practice under general international law. Springer, 2021.
15. Lecitra M. El asilo diplomatico en el Cono Sur (1970-1980). Los casos de Héctor Campora y Juan Manuel Abal Medina. UAI, 2013.
16. Torres Gigena C. Asilo Diplomático: su práctica y teoría, LA LEY S. A. Buenos Aires, 1960.
17. Vasco Vallejos M.A., Diccionario de derecho internacional, casa de la cultura ecuatoriana “Benjamin Carrión”. Quito, 1986.
18. Zimmermann (ed.), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: a Commentary. Oxford, 2011.
19. Galenskaya L. N. The right of asylum. International legal issues. Moscow: International relations, 1968. 128 p.
INTERNATIONAL LAW
BOGATYRENKO Irina Andreevna
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
INTERIM MEASURES IN THE UNIVERSAL HUMAN RIGHTS TREATY BODIES’ PRACTICE
The article deals with the practice of applying interim measures by UN human rights treaty bodies. The author considers the legal grounds for taking such measures, developed in the practice of both the treaty bodies themselves and in the practice of other international bodies. The article also examines the issues of their binding force of the interim measures, and the practice of the treaty bodies showing the mandatory nature of interim measures taken by them. In turn, the states’ practice reflects the different approaches of states to this issue.
Keywords: treaty bodies, human rights, universal international human rights treaties, interim measures, legally binding force.
References
1. Pimenova SD Provisional measures in the practice of international courts and tribunals. – M.: Statute, 2023. – 192 p.
2. Punzhin S. Procedural law of the International Court of Justice: provisional measures (part 1) // International Justice. – 2015. – No. 4 (16). – S. 51-70.
3. Brown C. Inherent Powers in International Adjudication // The Oxford Handbook of International Adjudication / C. Romano, K.J. Alter, Y. Shany (eds.), 2013.
4. Ghandi S. The Human Rights Committee and Interim Measures of Relief // Canterbury Law Review. – 2007. – Vol. 13. – P. 203-226.
5. Harrington J. Punting Terrorists, Assassins and Other Undesirables: Canada, the Human Rights Committee and Requests for Interim Measures of Protection. – P. 55-87.
6. Keller H., Ulfstein G. UN Human Rights Treaty Bodies: Law and Legitimacy. – 461 p.
7. Rieter E. Preventing Irreparable Harm. Provisional Measures in International Human Rights Adjudication. – 1200 p.
INTERNATIONAL LAW
KOPYLOV Stanislav Mikhaylovich
Ph.D. in Law, associate professor, associate professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba of the People’s Friendship University of Russia
OSTROUKHOV Nikolay Viktorovich
Ph.D. in Law, professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba of the People’s Friendship University of Russia
2023 AGREEMENT UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ON THE CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY OF AREAS BEYOND NATIONAL JURISDICTION: HAS THE PROBLEM OF MARINE BIODIVERSITY BEEN SOLVED?
The article analyzes the Agreement based on the UN Convention on the Law of the Sea of 1982 on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, the text of which was adopted at the resumed 5th session of the Intergovernmental Conference on Marine Biodiversity of Areas beyond National Jurisdiction on 19 June 2023. Controversial provisions of the 2023 Agreement are reviewed and the unacceptability of this international treaty to some States and potential risks are critically justified.
Keywords: UN Convention on the Law of the Sea 1982, Conservation of the Marine Environment, Biodiversity, High Seas, Exclusive Economic Zone, International Maritime Organization, UNESCO Intergovernmental Oceanographic Commission, Food and Agriculture Organization .
References
1. Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (Further resumed Fifth Session, 71st plenary). [Electronic resource]. – Access mode: https://media.un.org/en/asset/k1q/k1q59dfnp2 (Accessed: 07/02/2023).
2. UN Declaration on the Rights of Indigenous Peoples 2007. [Electronic resource]. – Access mode: https://www.ohchr.org/sites/default/files/Documents/Publications/Declaration_indigenous_en.pdf (accessed 02.07.2023).
3. Code of Conduct for Responsible Fisheries 1995. [Electronic resource]. – Access mode: https://www.fao.org/3/v9878e/v9878e00.htm (accessed 02.07.2023).
4. Convention on Biological Diversity 1992. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/biodiv.shtml (date of access: 07/02/2023).
5. Organization Conventionand the United Nations on the Law of the Sea 1982 // Collection of Legislation of the Russian Federation. – No. 48. – 01.12.1997. – Art. 5493.
6. Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/dumping.shtml (date of access: 07/02/2023).
7. Koval E. Yu., Solntsev A. M. Kunming-Montreal global framework program in the field of biodiversity: international legal analysis // International Legal Courier. – 2023. – № 2. – P. 30-38.
8. International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004. [Electronic resource]. – Access mode: http://www.publication.pravo.gov.ru/Document/View/0001201709080012 (date of access: 02.07.2023).
9. International Convention on Oil Pollution Preparedness, Control and Cooperation, 1990. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/oil_pollution_preparedness.shtml (date of access: 02.07.2023).
10. International Convention for the Prevention of Pollution from Ships, 1973, as modified by its 1978 Protocol. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pdf/pollution_from_ships.pdf (date of access: 02.07.2023).
11. International maritime law / Ed. ed. Blishchenko I.P. – M.: Publishing House of UDN, 1988.
12. FAO International Plan of Action to Prevent, Prevent and Eradicate Illegal, Unreported and Unregulated Fishing, 2001. [Electronic resource]. – Access mode: https://www.fao.org/3/y1224r/Y1224R.pdf (accessed 02.07.2023).
13. 1996 Protocol amending the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/protocol_sea_waste.shtml (date of access: 07/02/2023).
14. UN Fish Stocks Agreement 1995. [Electronic resource]. – Mode of access: https://www.un.org/Depts/los/convention_agreements/convention_overview_fish_stocks.htm (Accessed 07/02/2023).
15. A/CONF.232/2023/4 – Agreement based on the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N23/177/30/PDF/N2317730.pdf?OpenElement (Accessed 07/02/2023).
16. A/RES/69/292 – Development of an international legally-binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. [Electronic resource]. – Access mode: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/RES/69/292&Lang=r (Accessed: 07/02/2023).
17. Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (Further resumed Fifth Session, 71st plenary). [Electronic resource]. – Access mode: https://media.un.org/en/asset/k1q/k1q59dfnp2 (accessed 02.07.2023).
INTERNATIONAL LAW
KRIKUNOVA Sofya Sergeevn
postgraduate student of the 2nd course of International and integration law sub-faculty of the M. M. Speransky Law Faculty of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration, an external expert of the Expert Council for the Development of the Digital Economy, Technologies and Innovations of the Youth Parliament under the State Duma of the Russian Federation
INTERNATIONAL PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN THE CONTEXT OF THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE: PROBLEMS, IMPROVEMENT, PROSPECTS
With the development of artificial intelligence technologies, many difficult-to-solve issues arise related to ensuring guarantees of international protection of human rights and fundamental freedoms, about which the author narrates in this article. The study revealed the need to develop recommendations for the protection of human rights at the universal level, which are most susceptible to the negative impact of artificial intelligence technologies.
The author calls on readers to pay close attention to such a need, due to the extremely rapid, as well as uncontrolled spread, use, introduction of artificial intelligence technologies around the world, because without proper international control over their development and functioning, the human rights of each of us are under threat of violation every day, which, undoubtedly, cannot do not cause concern from the world community.
Keywords: artofficial intelligence; human rights and freedoms in the digital age; the use of artificial intelligence technologies and their impact on the world community; international guarantees for the protection of human rights and fundamental freedoms; sources of international legal regulation of human rights protection in the context of the development of artificial intelligence technologies; digital era of innovative technologies.
References
1. The Universal Declaration of Human Rights, adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948: official. Text. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml (date of access: 07/14/2023).
2. Resolution of the United Nations Human Rights Council “The right to privacy in the digital age” No. A/HRC/RES/42/15, adopted on September 26, 2019: official. text. [Electronic resource]. – Access mode: https://undocs.org/Home/Mobile?FinalSymbol=A%2FHRC%2FRES%2F42%2F15&Language=E&DeviceType=Desktop&LangRequested=False (Accessed: 07/08/2023).
3. Resolution of the United Nations General Assembly “Promotion and protection of human rights and fundamental freedoms, including the rights to peaceful assembly and freedom of association” No. A/RES/73/173, adopted on December 17, 2018: official. text. [Electronic resource]. – Access mode: https://digitallibrary.un.org/record/1659739 (Accessed: 07/10/2023).
4. Report of the Secretary-General of the United Nations “Roadmap for Digital Cooperation: Implementing the Recommendations of the High-Level Panel on Digital Cooperation” No. A/74/821 dated May 29, 2020: official. text. [Electronic resource]. – Access mode: https://www.un.org/en/content/digital-cooperation-roadmap/ (accessed 12.07.2023).
5. Appeal of the President of the Russian Federation “On the conduct of a special military operation” of February 24, 2008: official. text // [Electronic resource]. Access mode: SPS “Garant”.
INTERNATIONAL LAW
KULEV Matvey Gennadjevich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
HISTORY OF THE APPEARANCE AND DEVELOPMENT OF BILATERAL LABOUR MIGRATION AGREEMENTS
The article discusses the historical aspect of the emergence and development of bilateral international legal agreements in the field of labor migration regulation, which allows us to trace both the periodization of historical stages and the main reasons for the formation of such agreements. The author comes to conclusions about the close relationship between the historical stages of development of labor migration in the USSR and in European countries, as well as the fact that today bilateral agreements are the main source of regulation of labor migration flows in the world.
Keywords: bilateral agreements on migration, history of labor migration, international legal regulation of migration
References
1. Bobeva D., Garson, J.-P. Overview of bilateral agreements and other forms of labor agreements in OECD // Migration for employment: bilateral agreements at a crossroads, Organization for Economic Cooperation and Development. – Paris, 2014. – P. 11-29.
2. Böhning R. A brief account of the ILO and policies on international migration: ILO Century Project // International Institute for Labor Studies, International Labor Office. – Geneva, 2012. – 60 p. [[Electronic resource] – Access mode: http://www. ilo.org/public/libdoc/ilo/2012/470804.pdf (accessed 01/18/2023).
3. Chilton A., Posner E. Why Countries Sign Bilateral Labor Agreements // Coase-Sandor Working Paper Series in Law and Economics. – 2017. – No. 807. – 51 p. [Electronic resource] – Access mode: https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2497&context=law_and_economics (Accessed 02/28/2023).
4. International labor migration: A rights-based approach // International Labor Office. – Geneva, 2010. – 17 p.
5. International migration, 1945-1957 // International Labor Office. – Geneva, 1959. – 285 p. [Electronic resource] – Access mode: https://archive.org/details/reportofcommissi00inte/page/6/mode/2up (date of access: 01/28/2022).
6. Migrant workers, Report III (1B) // International Labor Conference. – 1999. – 32 p. [Electronic resource] – Access mode: http://www.ilo.org/public/libdoc/ilo/P/09661/09661(1999-87_1B).pdf (Accessed: 28.01.2023).
7. Monterisi S. Africa: Comparative analysis of the mapped bilateral agreements concluded by African countries: Draft report prepared for the ILO-KNOMAD Thematic Working Group on Low Skilled Migration // Labor Migration Branch, ILO, Geneva. – 2014. – 111 p. [Electronic resource] – Access mode: https://www.ilo.org/wcmsp5/groups/public/—ed_emp/—ifp_skills/documents/genericdocument/wcms_747708.pdf (Accessed: 01/18/2023).
8. Rass C. Temporary Labor Migration and State-Run Recruitment of Foreign Workers in Europe, 1919–1975: A New Migration Regime? // International Review of Social History. – 2012. – No. 57 (S20). – P. 191-224.
9. Regional Guidelines for the Development of Bilateral Labor Agreements in the Southern African Development Community // International Organization for Migration. – Geneva, 2016. – 64 p. [Electronic resource] – Access mode: https://www.iom.int/sites/g/files/tmzbdl486/files/documents/regional_guide_bilateral_labour_agreements_0.pdf (date of access: 25.02.2023).
10. Report of the Commission: International Emigration Commission, ILO. – Geneva, 1921. – 73 p. [Electronic resource] – Access mode: https://archive.org/details/reportofcommissi00inte/page/6/mode/2up (Accessed: 02/28/2023).
11. Vasuprasat P. Inter-state cooperation on labor migration: Lessons learned from MOUs between Thailand and neighboring countries, Asian Regional Program on Governance of Labor Migration // ILO Regional Office for Asia and the Pacific, International Labor Office. – Bangkok, 2014. – 11 p.
12. Wickramasekara P. Bilateral Agreements and Memoranda of Understanding on Migration of Low Skilled Workers: A Review // International Labor Office, Geneva. – 2015. – 64 p. [Electronic resource] – Access mode: www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—migrant/documents/publication/wcms_385582.pdf (date of access: 28.02.2023) .
13. Wickramasekara P. Circular migration: A triple win or a dead end // Global Union Research Network Discussions Papers, International labor Organization. – Geneva, 2011. – No. 15. – P. 7-8.
14. Wickramasekara P. Labor migration in Asia: Role of bilateral agreements and MOUs // International Migration and Labor Market in Asia. – 2006. – 17 p.
15. Wickramasekara P. Something is Better than Nothing: Enhancing the protection of Indian migrant workers through Bilateral Agreements and Memoranda of Understanding // Migrant Forum in Asia, Manila. – 2012. – 49 p. [Electronic resource] – Access mode: http://ssrn.com/abstract=2032136 (date of access: 12/21/2022).
16. Makarova L. V., Morozova G. F., Tarasova N. V. Regional features of migration processes in the USSR. // Answer. ed. L. L. Rybakovsky. – M.: “Nauka”, 1986. – S. 65.
INTERNATIONAL LAW
SANGAR Samad Asaad
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
EXAMINING LEGAL REGULATIONS AND THE WATER GOVERNANCE OF THE TIGRIS AND EUPHRATES RIVER BASIN
The objective of this article is to examine the legal safeguards provided to international water resources and assess the extent of entitlement for downstream nations, such as Iraq, to utilise international watercourses such as the Tigris and Euphrates. Iraq is situated in a downstream position relative to the Tigris and Euphrates rivers, consequently, the infrastructure development initiatives were carried out along their banks have exerted a significant impact on the country. This study employs a doctrinal legal research methodology, which holds significant value in comprehending the pertinent substantive law by examining legal regulations, court decisions, and legislative enactments. The objective is to delineate the fundamental principles underlying the current international conventions and protocols in this domain. According to the article, it can be observed that Iraq has historically acquired the entitlement, which has been duly recognized by international norms and principles, to partake in the utilization of water resources originating from the Tigris and Euphrates Rivers, alongside the upstream nations of Syria , Iran and Turkey. This article posits that in accordance with the concept of acquired rights as recognised by international law, it is imperative for all riparian nations sharing the Tigris and Euphrates rivers to uphold Iraq’s established historical water allocations.
Keywords: Legal Regulations, Water Governance, Tigris, Euphrates, International River Basin, Iraq.
References
1. Akanda, A., Freeman, S., & Placht, M. (2007). The Tigris-Euphrates River basin: mediating a path towards regional water stability. Al Nakhlah, 31, 1-12.
2. Al-Ansari, N., AlJawad, S., Adamo, N., Sissakian, V. K., Knutsson, S., & Laue, J. (2018). Water quality within the Tigris and Euphrates catchments. Journal of Earth Sciences and Geotechnical Engineering, 8(3), 95-121.
3. Albrecht, T. R., & Gerlak, A. K. (2022). Beyond the basin: Water security in transboundary environments. Water Security, 17, 100124.
4. Al-Hayali, A. A. A. A. (1995). The Euphrates and the Arab water security. Ph.D. Diss., Al-Mustansiriya University, College of Education.
5. Al-Khairu, Izzuldin Euphrates and the international law. – Baghdad: Al-Hurriya Press, 1976.
6 Al-Tamimi A. E. K. (1999). Arab Water Challenge and Response. Center for Arab Unity Studies, Beirut, 160.
7 Al-Zubaidi M. A. M. H. (2008). Iraqi water security: A study on the progress of negotiations in dividing the international waters.
8. Ameen M. (2007). The Code of Hammurabi. London: Dar Alwarrak Publishing Ltd.
9. Bukuru Zh. B., Solntsev A. M. International legal cooperation on the use and protection from pollution of transboundary water resources in Africa // Legal paradigm. – 2017. – No. 1. – P. 186-193.
10. Busby, J. (2018). Warming world: Why climate change matters more than anything else. Foreign Aff., 97, 49.
11. Caponera D. A. (1980). The law of international water resources, Legislative Study No. 23. Rome: Food And Agriculture Organization of The United Nations (FOA), Legislation Branch Legal Office.
12. Colglazier E. W. (2018). Science diplomacy and future worlds. science & Diplomacy, 7(3), 1-20.
13. Da Silveira A. R., & Richards K. S. (2013). The link between polycentrism and adaptive capacity in river basin governance systems: insights from the river Rhine and the Zhujiang (Pearl River) basin. Annals of the Association of American Geographers, 103(2), 319-329.
14. Dasgupta, P., Srinivasan, R., Ahmadi, M., & Verma, D. (2017). Spatial and temporal patterns of precipitation and stream flow variations in Tigris-Euphrates river basin. Environmental monitoring and assessment, 189, 1-15.
15. De Stefano, L., & Garrick, D. E. (2018). Governing water in federal river basins. Regional Environmental Change, 18(6), 1573-1578.
16. Gerlak A. K. (2007). Lesson learning and transboundary waters: a look at the Global Environment Facility’s international waters program. Water Policy, 9(1), 55-72.
17. Grant J. P and Barker J. C. (Eds.) Encyclopedic dictionary of international law. 3rd ed. – Oxford: Oxford University Press, 2009. Doi: 10.1093/acre/9780195389777.001.0001.
18. Ibrahim A. Law of rivers and international watercourses. Cairo: Arab Renaissance Press, 1995.
19. IISD, 2022. 2023 UN Climate Change Conference (UNFCCC COP 28). Access at https://sdg.iisd.org/events/2022-un-climate-change-conference-unfccc-cop-28/
20. McClimans M. (2017). Euphrates-Tigris water issues: An introduction. Ohio: PB Pressbooks. Accessed at https://ohiostate.pressbooks.pub/etwr/front-matter/introduction/
21. Milman, A., Gerlak, A. K., Albrecht, T., Colosimo, M., Conca, K., Kittikhoun, A., … & Ziegler, J. Addressing knowledge gaps for transboundary environmental governance // Global Environmental Change. – 2020. – No. 64. – R. 102162.
22. One Earth, 2019. Tigris-Euphrates Alluvial Salt Marsh. Accessed at https://www.oneearth.org/ecoregions/tigris-euphrates-alluvial-salt-marsh/
23. Rivera, Alfonso, and Lucila Candela (2018). “Fifteen-year experiences of the internationally shared aquifer resources management initiative (ISARM) of UNESCO at the global scale.” Journal of Hydrology: Regional Studies 20: 5-14.
24. Sadiq, Ali Hussein. (1976). Iraq’s acquired rights in the waters of the Euphrates. Master’s thesis, Baghdad University, College of Law and Politics. Access at: https://hcss.nl/wp-content/uploads/2021/01/WPS-WorkingPaper-InterprovincialWaterChallenges.pdf.
25. Steffen W., Rockström J., Richardson K., Lenton T. M., Folke C., Liverman D., … & Schellnhuber H. J. (2018). Trajectories of the Earth System in the Anthropocene // Proceedings of the National Academy of Sciences. – No. 115 (33). – R. 8252-8259.
26. UNHCR, 2021. Mandates of the Special Rapporteur on the situation of human rights defenders.
27. United Nations Climate Change, 2022. Sharm el-Sheikh Climate Change Conference – November 2022.
28. Which World Are We Living in? July/August Issue. foreign affairs. 2018. Accessed at: https://www.foreignaffairs.com/issues/2018/97/4 at 10/07/2023.
29. Wilder M. O., Varady R. G., Gerlak A. K., Mumme S. P., Flessa K. W., Zuniga-Teran, A. A., … & Megdal S. B. (2020). Hydrodiplomacy and adaptive governance at the US-Mexico border: 75 years of tradition and innovation in transboundary water management. environmental science & policy, 112. – R. 189-202.
INTERNATIONAL LAW
SUBHONZODA Abdumannon Subhon
adjunct of Human rights and international law sub-faculty of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
CURRENT ISSUES OF INTERNATIONAL LEGAL REGULATION OF COOPERATION OF THE UNITED NATIONS AND THE AFRICAN UNION IN PEACEKEEPING ACTIVITIES
The article discusses the current issues of interaction between the United Nations (UN) and the African Union (AU) in the context of their cooperation in peacekeeping activities. Africa, as a continent experiencing constant internecine conflicts and challenges, requires joint efforts between the UN and the AU to achieve peaceful conflict resolution, maintain security and stability in the region. The article analyzes the main aspects and challenges faced by the UN and the AU in international peacekeeping on the African continent, and proposes possible ways to strengthen effective bilateral partnership.
Keywords: United Nations, African Union, conflicts, peacekeeping, partnership.
References
1. Bokeria S. A. Partnership between the UN and the AU in the field of peacekeeping: trends and problems // Bulletin of international organizations: education, science, new economy. – 2022. – V. 17. No. 2. – S. 189 – 207.
2. Bokeria S. A., Kiamba A. Partnership of the UN and the African Union in the implementation of the agenda “Women, peace and security”: politics, formats and strategies // Bulletin of the Peoples’ Friendship University of Russia. Series: International relations. – 2023. – V. 23. No. 2. – S. 307-321.
3. Bulatov V. African architecture of peace and security // Foreign Military Review. – 2017. – No. 3. – P. 12–17.
4. Romadan L.I. Evolution of UN peacekeeping in the late XX – early XXI century: on the example of the African continent: dissertation … candidate of political sciences: 23.00.04 / [Place of defense: Institute of Africa RAS]. – M., 2019.
5. Harin D. UN peacekeeping operations in Africa // Foreign military review. – 2023. – No. 4. – P. 14-19.
INTERNATIONAL LAW
OSTROUHOV Nikolay Viktorovich
Ph.D. in Law, professor of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
BISULTANOV Aslanbek Kamaudievich
senior lecturer of International law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
THE RELATIONSHIP BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW
This article provides a comprehensive analysis of the relationship between international humanitarian law (IHL) and international human rights law (IHRL). The article begins by presenting a clear conceptual framework for IHL and IHRL, explaining their respective spheres of action and purposes. The article highlights overlapping principles and norms shared by both branches. Examining the relationship between IHL and IHRL, the article examines the complementary nature of the two branches. Drawing on case studies and jurisprudence, the article demonstrates how the IHL and IHRL work together to ensure the protection and promotion of human rights both in peacetime and during armed conflict. In addition, the article examines the problems and tensions that may arise between IHL and IHRL. It analyzes the mechanisms used to reconcile potential conflicts, including the application of the principle of lex specialis and a harmonious interpretation of the two branches. The article provides its own perspective on these issues, using the views of international legal experts and scholars in the field. The article contributes significantly to the understanding of the dynamic interaction between IHL and IHRL. Its comprehensive approach and the inclusion of case studies make this article an important source for scholars, researchers, and practitioners seeking to better understand the relationships between IHL and IHRL.
Keywords: Armed conflicts, international humanitarian law, 1949 Geneva Conventions, 1977 Additional Protocols, combatants, prisoners of war, civilians, international human rights law, international law, international protection of human rights.
References
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. – M.: International relations, 1989.
3. Bisultanov A. K. Action of international humanitarian law in personae and armed groups // Law and Law. – 2015. – № 11.
4. Blishchenko I. P. Ordinary weapons and international law. – M.: Intern. Relations, 1984.
5. Boucher-Saulnier F. Practical Dictionary of Humanitarian Law. – M.: Publishing house “VPK”, 2004.
6. Gulasaryan A. S. Decision of the Grand Chamber of the European Court of Human Rights in the case of Al-Jedda v. United Kingdomva” dated July 7, 2011 // Bulletin of the O. E. Kutafin University. – 2015. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/reshenie-bolshoy-palaty-evropeyskogo-suda-po-pravam-cheloveka-po-delu-al-dzhedda-protiv-connectedinennogo-korolevstva-ot-7- iyulya-2011-goda (date of access: 07/01/2023).
7. David E. Principles of the Law of Armed Conflicts: A Course of Lectures of the Faculty of Law of the Open University of Brussels. – M.: International Committee of the Red Cross, 2000.
8. Current international law. T. 2. – M: Moscow Independent Institute of International Law, 1997.
9. Kalugin V. Yu. The course of international humanitarian law. Kalugin. – Minsk: Theseus, 2006.
10. Kalskhoven, F. Limits of methods and means of warfare. – 2nd ed., corrected. – M.: ICRC, 1999.
11. Martynenko E. V., Bisultanov A. K. Hybrid War and International Humanitarian Law // Eurasian Law Journal. – 2016. – No. 6. – P. 24–26.
12. Mikhailov N. G. International Criminal Tribunal for the former Yugoslavia. Problems of competence // Vestnik RUDN University. Series: Legal Sciences. – 2006. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mezhdunarodnyy-ugolovnyy-tribunal-po-byvshey-yugoslavii-problemy-kompetentsii (date of access: 07/01/2023).
13. Pictet J. Development and principles of international humanitarian law. – M.: ICRC, 2000.
14. Rusinova V. N. “Theories of correlation between the norms of international humanitarian law and international human rights law”. Science Foundation of the National Research University Higher School of Economics. – 2014. [Electronic resource]. – Access mode: https://law-journal.hse.ru/2014–1/118927147.html (date of access: 07/01/2023).
15. Advisory opinion on the Legality of the Threat or Use of Nuclear Weapons. – 1996. [Electronic resource]. – Access mode: https://www.icj-cij.org/case/95 (date of access: 07/01/2023)
16. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. – 2003. [Electronic resource]. – Access mode: https://www.icj-cij.org/case/131 (date of access: 07/01/2023).
PRIVATE LAW INTERNATIONAL
GULIYEV Igbal Adil ogly
Ph.D. in economic sciences, Deputy Director of the International Institute for Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
BEZMEN Alexander Ivanovich
student of the Moscow State Institute of International Relations (U) of the MFA of Russia
BORONENKO Alexander Igorevich
student of the Moscow State Institute of International Relations (U) of the MFA of Russia
THE IMPACT OF FRENCH NUCLEAR POWER ON ITS INTERNATIONAL RELATIONS
In this article, an analysis was made of France’s international conflicts due to the refusal of many countries to use nuclear energy. In 2020, the Fifth Republic closed one of the oldest nuclear power plants, Fessenheim, amid pressure from Germany, and at the moment the issue with Luxembourg over the operation of the Katten nuclear power plant remains unresolved. In addition, the ongoing debate in the European Union on the recognition of nuclear energy as “green” is causing a split between the participating countries: the countries of Eastern Europe, led by France, demand that nuclear energy be recognized as one of the ways to achieve carbon neutrality, opponents of this idea argue that this energy source cannot be classified as neither safe for the environment nor for humans.
Keywords: energy, nuclear energy, international energy, France, international relations.
References
1. Greenpeace activists convicted of breaking into a French nuclear power plant // DW. 02/28/2018. [Electronic resource]. – Access mode: https://www.dw.com/ru/greenpeace-activists-convicted-for-penetrating-a-french-nuclear-power plant/a-42764173 (accessed: 11/24/2022).
2. Germany will turn off all nuclear power plants and exit the nuclear industry // Gazeta.ru. 10/18/2022. [Electronic resource]. – Access mode: https://www.gazeta.ru/business/news/2022/10/18/18825529.shtml (access date: 11/20/2022).
3. A fire occurred at the French nuclear power plant Cattenom//REGNUM. 06/01/2016. [Electronic resource]. – Access mode: https://regnum.ru/news/accidents/2282843.html (access date: 11/24/2022).
4. Bundesumweltministerin Schulze: Stilllegung des AKW Fessenheim macht auch Deutschland sicherer// bundesministerium für umwelt, naturschutz und nukleare sicherheit [Electronic resource]. – Mode of access: https://www.bmu.de/pressemitteilung/bundesumweltministerin-schulze-stilllegung-des-akw-fessenheim-macht-auch-deutschland-sicherer/ (accessed: 11/24/2022).
5. Commission Delegated Regulation (EU) 2022/1214. EUR Lex. 03/09/2022. [Electronic resource]. – Mode of access: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32022R1214 (accessed: 11/24/2022).
6. Declaration de M. François Hollande, Président de la République, sur les énergies renouvelables notamment marines, à Cherbourg le 09/30/2013// République française. [Electronic resource]. – Mode of access: https://www.vie-publique.fr/discours/189134-declaration-de-m-francois-hollande-president-de-la-republique-sur-les (accessed: 11/22/2022).
7 Document. Les 60 engagements de Hollande // Liberation. [Electronic resource]. – Mode of access: https://www.liberation.fr/france/2012/01/26/les-60-engagements-de-hollande_791303/ (accessed: 11/22/2022).
8. “Fissures de corrosion”: le Luxembourg inquiet de l’arrêt d’un réacteur nucléaire français à sa frontière. BFM business. 14.04.2022. [Electronic resource]. – Mode of access: https://www.bfmtv. com/economie/entreprises/energie/fissures-de-corrosion-nucleaire-le-luxembourg-inquiet-de-l-arret-d-un-reacteur-nucleaire-francais-a-sa-frontiere_AD-202204140551.html (accessed: 11/24/2022).
9. France to close nuclear power plant after German and Swiss criticism//DW. 03/07/2016. [Electronic resource]. – Mode of access: https://www.dw.com/en/france-to-close-nuclear-power-plant-after-german-and-swiss-criticism/a-19099349 (accessed: 11/22/2022).
10. German Chancellor Angela Merkel Speech to Bundestag on Nuclear Power 17.03.2011 // C.SPAN. [Electronic resource]. – Mode of access: https://www.c-span.org/video/?298681-1/german-chancellor-angela-merkel-speech-bundestag-nuclear-power (accessed: 11/20/2022).
11. German developments following Fukushima// Federal Ministry for the environment, nature conservation and nuclear safety. [Electronic resource]. – Mode of access: https://www.bmu.de/en/topics/nuclear-safety-radiological-protection/nuclear-safety/response-to-fukushima/overview/pdf (accessed: 11/20/2022).
12. Interview de Mme Élisabeth Borne, ministre de la transition écologique et solidaire, à RMC le francaise. [Electronic resource]. – Mode of access: https://www.vie-publique.fr/discours/273504-elisabeth-borne-19022020-centrale-fessenheim-neige-eoliennes (accessed: 11/24/2022).
13. Le Luxembourg a un plan pour fermer la centrale nucléaire de Cattenom// France bleu. 11/21/2019. [Electronic resource]. – Mode of access: https://www.francebleu.fr/infos/environnement/le-luxembourg-a-un-plan-pour-fermer-la-centrale-nucleaire-de-cattenom-1574362970 (accessed: 11/24/2022 ).
14. Lettre de M. Nicolas Sarkozy, président de l’UMP et candidat à l’élection présidentielle, adressée aux Français pour leur présenter son program électoral, Paris le 29 mars 2007 // République française [Electronic resource]. – Mode of access: https://www.vie-publique.fr/discours/166164-lettre-de-m-nicolas-sarkozy-president-de-lump-et-candidat-lelectio (accessed: 11/24/2022).
15. Referendum 08/11/1987 // Official website of the Ministry of Foreign Affairs of Italy. [Electronic resource]. – Mode of access: https://elezionistorico.interno.gov.it/index.php?tpel=F&dtel=08/11/1987&tpa=I&tpe=A&lev0=0&levsut0=0&es0= S&ms=S (accessed 11/20/2022).
16. Referendum 12/06/2011 // Official website of the Ministry of Foreign Affairs of Italy. [Electronic resource]. – Mode of access: https://elezionistorico.interno.gov.it/index.php?tpel=F&dtel=12/06/2011&tpa=I&tpe=A&lev0=0&levsut0=0&es0= S&ms=S (accessed 11/20/2022).
17. Stratégie française pour l’énergie et le climat // Programmation pluriannuelle de l’énergie. 2019-2023. [Electronic resource]. – Mode of access: https://www.ecologie.gouv.fr/sites/default/files/20200422%20Programmation%20pluriannuelle%20de%20l%27e%CC%81nergie.pdf (accessed: 11/20/2022).
18. UE: sept pays dont la France defendent la place du nucléaire//economie. 03/25/2021. [Electronic resource]. – Mode of access: https://www.lefigaro.fr/flash-eco/ue-sept-pays-dont-la-france-defendent-la-place-du-nucleaire-20210325 (accessed: 11/24/2022).
19. Yarovova T. V., Kalinkina V. V. Digital transformation of education in Russia: what should a teacher be like in the digital era. Pedagogical education and science. – 2021. – No. 2. – S. 92-95.
PRIVATE INTERNATIONAL LAW
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
SYNERGY OF MULTI-FACTORY INTELLIGENT SYSTEMS “E-CHAIN CLOUD MIRROR” AND “E-CHAIN SMART ENFORSMENT” AS NEW MECHANISMS OF GUANGZHOU INTERNET COURT IN REALIZING THE RIGHT TO ACCESSIBLE JUSTICE
The article describes the use of two innovative technologies, E-Chain Cloud Mirror and E-Chain smart Enforcement, to resolve disputes in the Guangzhou Internet Court in China. These technologies make it possible to automate the dispute resolution process and increase the efficiency of the judicial system. It is also noted that the use of these technologies has significantly improved the quality of e-justice in China. However, it also highlights that there are still issues that need to be addressed in order to make better use of e-justice.
Keywords: Internet court, e-justice in China, cross-border disputes, digitalization of legal proceedings.
Reference list
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. – P. 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. – P. 29-37.
3. Ermakova E. P., Frolova E. E. Artificial Intelligence in Civil Litigation and Arbitration: Experience of the USA and China. – Moscow: Publishing house “Yurlitinform”, 2021. – 224 p. – (Civil and arbitration process).
4. 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.
5. 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.
6. Kozhokar I. P. Innovations and innovative activities: legal aspect // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – T. 15, No. 3. – pp. 141-187. – DOI 10.35427/2073-4522-2020-15-3-kozhokar.
7. 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.
8. Rusakova E. P., Frolova E. E. Procedural Aspects of Proof in China’s Internet Courts: Opportunities for Receiving BRICS Jurisdiction // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap: Institute of Scientific Communications Conference. – Cham: Springer Nature, 2021. – P. 1598-1605.
9. Rusakova E. P. Integration of “smart” technologies in the civil proceedings of the People’s Republic of China // RUDN Journal of Law. – 2021. – Vol. 25, No. 3. – P. 622-633.
10. 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 University), 2022. – 173 p.
11. Solovyov, A. A. Digital technologies in legal proceedings: foreign experience // Bulletin of the Arbitration Court of the Moscow District. – 2022. – No. 3. – pp. 71-76. – DOI 10.46279/ASMO.2022.92.43.004.
12. 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
FEI Yin
postgraduate student of the Faculty of Law of the Sun Yat-sen University, Guangzhou city, People’s Republic of China
RETHINKING THE PERFORMANCE PROMISE COMPENSATION SYSTEM FOR ASSET REORGANIZATION IN CHINA’S SECURITIES MARKET
Performance promise compensation plays a pivotal role in harmonizing the interests of both parties in M&A transactions. However, its widespread use in the Chinese securities market has brought a series of negative effects. To optimize the institutional effect of performance promise compensation, a systematic correction of its operational flaws is urgently required. From a theoretical standpoint, the academic community has mainly generalized discussions within the domain of equity financing in the context of betting agreements. The nature of this determination should consider the unique attributes of M&A and restructuring in terms of transaction purpose and institutional design. Regarding institutional practice, Chinese judicial processes have not entirely considered the unique features of performance promise compensation in significant asset reorganizations. The conflict between the performance promise compensation system and management rights is evident in operational practice, giving rise to issues like “de-realization to deficiency”. In response to these institutional dilemmas, the author recommends enhancements in the basic rules, analyzes judicial decisions, and regulatory amendments.
Keywords: asset restructuring; performance promise compensation; good will damage; attribute definition; institutional practice
References
1. Cheng, Fengzhao, Liu, Jiapeng. Research on the pricing of M&A restructuring of listed companies [J]. Accounting Research, 2011 (11).
2. Qiang Li. The nature and effect of betting clauses in private equity investments [J]. China Trial, 2012(12).
3. Mao Shuzhen, Wang Linfei, Su Fanghong. Performance promise compensation: motivation, economic consequences and research outlook [J]. Friends of Accounting, 2022 (16).
4 Song Li Signs of major asset restructuring of listed companies – a multi-case study based on Fenghua, Yinrun Investment and Sanyuanda[J]. Finance and Accounting Newsletter, 2019 (25).
5. Xie Haixia. An analysis of the legal nature of betting agreements [J]. Journal of Law, 2010(1).
6. Cui Jianyuan. On a new type of human security [J]. Gansu Social Science, 2022 (1).
7. Liu Baoyu, Liang Yuangao. The characterization of the guarantee of “credit enhancement measures” and the application of the rules of the company’s external guarantee [J]. Law Forum, 2021 (2).
8. Yang Lixin. The survival and continual improvement of the legal mitigation of property rights – the value of the concept of “other contracts with security functions” under the Civil Code [J]. Journal of Shanghai Academy of Political Science and Law (Rule of Law Series), 2021 (1).
9. Sun Xianzhong, Zhu Guangxin. Commentary on the Chinese Civil Code – Property Rights [M]. China Legal Publishing House, 2020.
10. Yao M. B. Commentary on Article 114 of the Contract Law (agreed liquidated damages) [J]. The Jurist, 2017 (5).
11. Zhou Ju, Chen Xin, Gao Jun. The impact of key betting clause design on the fulfillment of performance compensation commitment in major asset restructuring [J]. Investment Research, 2022(9).
12. Chen T., Li S. Min. Exploration of profitability payment plan of M&A payment method [J]. Securities Market Herald, 2015 (9).
13. Zhang Wei. The rules of capital [M]. China Legal Publishing, 2017.
14. Ronglin, Zhu Qigui. An empirical test of the impact of performance promise compensation on acquirers’ short-term share price performance [J]. Statistics and Decision Making, 2018 (13).
15. Rao Yanchao, Duan Liangxiao, Zhu Xiuli. Research on the incentive effect of M&A performance commitment approach [J]. Foreign Economics and Management, 2018 (7).
16. Wang Jianwen. On the legal application of China’s class shareholder classification voting system [J]. Contemporary jurisprudence, 2020 (3).
COMPARATIVE
PARONYAN Karen Martinovich
Ph.D. in Law, associate professor of Branch legal disciplines sub-faculty of the A. P. Chekhov Taganrog Institute (branch) of the Rostov State University of Economics (RINE)
FEATURES OF THE IMPLEMENTATION OF CENSORSHIP LEGAL POLICY IN BELARUS, UKRAINE AND MOLDOVA (COMPARATIVE LEGAL ANALYSIS)
The actualization of research in the field of practical significance of the institution of censorship legal policy, as well as the complex of censorship measures and their corresponding regulatory regulation, are noticeable not only in the domestic state-legal and social field, but also in the post-Soviet states that actively use various restrictions in the information environment. This became especially noticeable with the increased riskiness of modern societies, which is clearly manifested now. In this regard, it would be interesting and heuristically promising to conduct a comparative legal analysis of the features of the implementation of the elements of the censorship legal policy mechanism in such states as Belarus, Ukraine and Moldova. Using a dialectical approach and a complex of general scientific and special methods of cognition, the article examines the features of the implementation of censorship legal policy in these states, and shows what these measures are due to and how they affect the political and legal landscape.
Keywords: censorship, censorship legal policy, freedom of speech, information, information society, riskiness, political and legal space.
References
1. Global score. [Electronic resource]. – Access mode: https://rsf.org/en/index?year=2021 (accessed 29.07.2023).
2.Global score. [Electronic resource]. – Access mode: https://rsf.org/en/index?year=2014 (Accessed 29.07.2023).
3. Moldova. [Electronic resource]. – Access mode: https://rsf.org/en/country/moldova (accessed 29.07.2023).
4. Ukraine. [Electronic resource]. – Access mode: https://rsf.org/en/country/ukraine (accessed 29.07.2023).
5. More than 60% of journalists consider one of the forms of censorship to be a single telethon – a survey. [Electronic resource]. – Access mode: https://zn.ua/war/bolee-60-zhurnalistov-schitajut – odnoj – iz – form – tsenzury-edinstvennyj – telemarafon-opros.html (accessed 30.07.2023).
6. Meeting with journalists, members of the public, expert and media community “Big conversation with the President.” [Electronic resource]. – Access mode: https://president.gov.by/ru/events/vstrecha-s-zhurnalistami-predstavitelyami-obshchestvennosti-ekspertnogo-i-mediynogo-soobshchestva-bolshoy-razgovor-s-prezidentom (accessed 07/29/2023) .
7. Kaluga A. A. Information policy in the CIS countries // Science of man: humanitarian research. – 2016. – No. 4 (26). – P. 91-100.
8. Constitutions of the countries of the world. Reader / Comp. D. V. Kuznetsov. In 7 parts. Part 1. Russia and the post-Soviet space. [Electronic resource]. – Blagoveshchensk: Blagoveshchensk State Pedagogical University, 2014. – 224 p.
STATE AND LAW THEORY
ATMACHEV Sergey Igorevich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MOTSAR Yuliya Vladimirovna
Ph.D. of sociological sciences, lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
DEMOCRACY AS AN IDEOLOGICAL CONCEPT
Various approaches to the concept of “democracy” are analyzed. Purpose: it is proposed to consider the term “democracy” not only as a traditionally established concept of the form of government and management methods, but also as an independent ideology. methodology. The analysis and the formal legal method are based on the consideration of scientific views and definitions that have developed in the theory of state and law. The synthesis is represented by the trend of interconnection and interdependence in the established traditional approaches. Conclusions: it is proposed to consider democracy as an ideological concept of the exercise of power in Western societies, designed to legally formalize the technology of appropriation of power.
Keywords: democracy, ideology, constitution, form of government, political regime, referendum, legal terminology.
STATE AND LAW THEORY
DARDA Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of General theoretical legal disciplines sub-faculty of the North Caucasus branch of the Russian State University of Justice
THE ROLE OF DIGITAL TECHNOLOGIES IN THE REGULATION OF LEGAL RELATIONS
The article is devoted to the analysis of the main trends in the development of digital technologies and their impact on the process of legal regulation. The author identifies the characteristic features of these technologies, reveals their essence, positive and negative sides, as well as their impact on legal regulation. The features of the introduction of artificial intelligence and robots into the law enforcement process are considered. The article analyzes the situation of the emergence of new subjects, objects of legal relations, how the content of legal relations is transformed under the influence of new digital technologies and absolutely new types of legal relations are born. The analysis of actual problems in the field of legal regulation with the use of interactive communication is carried out.
Keywords: digitalization, information technologies, digital technologies, legal relations, law enforcement, judicial discretion, personal data.
Bibliographic references
1. Vlasenko N. A. Favorites. M.: Norma, 2015. 688 p.
2. Zykina T. A. Influence of digital reality on the regulation of labor relations // Bulletin of the Tomsk State University. Right. 2021. No. 41. P. 159-168.
3. Castells. The power of communication. M., 2017. S. 69.
4. Decree of the Government of the Russian Federation dated April 15, 2014 No. 313 “On Approval of the State Program of the Russian Federation “Information Society” // SZ RF. 2014. No. 18. Art. 2159.
5. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030” // SZ RF. 2017. No. 20. Art. 2901.
6. Decree of the President of the Russian Federation of October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” // SZ RF. 2019. No. 41. Art. 5700.
7. Talapina E. V. Law and digitalization: new challenges and prospects // Journal of Russian law. 2018. No. 2. P. 5-17.
8. Tonkov E. Digitalization of law: problems and prospects // Bulletin of the judicial community of the Belgorod region. 2019. No. 10. P.6-9.
9. Khmelevskaya S. A., Ermakov D. N. The specifics of legal regulation in the digital era: Social and philosophical reflections // Journal of State and Law. 2019. No. 4. P.92-103.
STATE AND LAW THEORY
DOVGAN Kseniya Evgenjevna
Ph.D. in Law, associate professor of the Institute of Law of the Altai State University
SYSTEM OF PRINCIPLES OF THE FRAMEWORK LEGAL REGULATION
The article discusses the features of the principles of framework legal regulation. The author notes their connection with the basic principles of constitutional law. It is determined that the principles of framework legal regulation are aimed at ensuring the rights and freedoms of citizens, maintaining state unity. The principles of framework legal regulation can be classified depending on the scope, the source of consolidation, the subject of legal regulation, etc.
Keywords: framework legal regulation, principles of law, principle of legality, principle of separation of powers, principle of normative content, principle of consistency, principle of accuracy and brevity, principle of validity.
References
1. Baranov A. V. Theory of State and Law: a textbook / Ed. M. M. Zhuravleva. – Tomsk, 2014. – 138 p.
2. Isakov I. N. Multi-level legal systems: monograph / Edited by A. V. Malko. – Moscow: Yurlitinform, 2021. – 358 p.
3. Kuznetsova O. A. Specialized norms of Russian civil law: theoretical problems: Dis. … doc. legal Sciences. – Yekaterinburg, 2007. – 430 p.
4. Malko A. V. Fundamentals of state and law. – Moscow: KnoRus, 2015. – 220 p.
5. Pasherstnik A. E. On the scope and principles of Soviet labor law // Soviet state and law. – 1957. – No. 10. – S. 92-103.
6. Roman law: basic concepts, laws and claims, personalities and maxims: a dictionary-reference book / Ed. A. A. Ivanov. – Moscow: FLINTA, 2020. – 317 p.
7. Rychagova O. E. System-forming factors of law. – Tomsk: Publishing House of Tomsk, University, 2003. – 123 p.
8. Sukovatov GV Theory of State and Law: Dictionary of Terms. – Novosibirsk, 2014. – 23 p.
9. Taeva N. E. Norms of constitutional law in the system of legal regulation of the Russian Federation: dis. … doc. legal Sciences. – Moscow, 2018. – 549 p.
10. Theory of state and law: a course of lectures / Ed. N. I. Matuzova, A. V. Malko. – M.: Jurist, 2004. – 512 p.
11. Cherdantsev A. F. Consistency of the norms of law // Collection of scientific papers. Collection of scientific works SUI. – Sverdlovsk, 1970. – Issue. 12. – S. 47-63.
STATE AND LAW THEORY
IBRAGIMOVA Zarina Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Municipal and environmental law sub-faculty of the Institute of Law of the I. S. Turgenev Oryol State University
TYULYAKOVA Anna Sergeevna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the I. S. Turgenev Oryol State University
YUDINA Anastasia Ivanovna
magister student of the 1st course of the Institute of Law of the I. S. Turgenev Oryol State
THE IMPORTANCE OF THE STATE IN THE FORMATION OF THE MODERN LEGAL SYSTEM OF THE RUSSIAN FEDERATION
The article examines the place and importance of the state in the process of formation of the Russian legal system. The formation of such elements of the state as the political regime, the state structure and the form of government and the influence on their functioning of the state as an institution are studed.
Keywords: state, legal system, form of government, state-territorial structure, political regime.
References
1. Federal constitutional law No. 6-FKZ dated March 21, 2014 “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation – the Republic of Crimea and the federal city of Sevastopol” (as amended on May 1, 2022) // Collection of legislation RF. – March 24, 2014 – No. 12. – Art. 1201.
2. Theory of State and Law: Textbook / Ed. N. A. Matuzova, A. V. Malko. – M.: Jurist, 2004. – S. 520.
STATE AND LAW THEORY
MAMYASHEVA Diana Rafisovna
Judge of the Arbitration Court of the Saratov region
EXTERNAL LEGAL FORM AND CONTENT OF STRATEGIC PLANNING ACTS
The article is dedicated to the analysis of the external legal form of the results of strategic planning. The conclusions made by the author are obtained on the basis of an industry analysis, consideration of the features of strategic planning acts depending on the entities that adopt them, as well as the legal consequences that they entail. The presence of numerous defects in the external form of strategic planning acts, which are expressed in the absence of a uniform approach to choosing the type of act, the presence of technical deviations: the absence of indications of the name and (or) date and (or) number of such an act, the absence of facts of the official publication of a number of strategic planning acts, the lack of differentiation between the institutions of approval and approval of strategic planning acts planning, absence of registration of many strategic planning acts in the federal state register of strategic planning documents, etc. Conclusions and recommendations are made to improve the current legal regulation of strategic planning.
Keywords: strategic planning, legal acts, legal form, content of strategic planning acts.
References
1. Theory of state and law / Ed. N. I. Matuzova, A. V. Malko. M.: Norma: INFRA M, 2022. S. 403.
2. Shalamova A. N. Normative legal acts of the head of state in the legal system: political and legal practice of Russia and Kazakhstan // Scientific Digest of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2020. No. 3 (6). P. 189.
3. Novikov A.P. Regulatory legal acts of the President of the Russian Federation: administrative and legal research: author. dis. … cand. legal Sciences. M., 2003. S. 8.
4. Karabekov M. M. Legal acts as a means of formation and implementation of legal policy: general theoretical aspect: author. dis. … cand. legal Sciences. Krasnodar, 2010. P. 10.
5. Useev R. Z. Draft concept for the development of the penitentiary system until 2030: issues of form, content and comparison with the concept of development of the penitentiary system until 2020 // Bulletin of the Samara Law Institute. 2020. No. 2 (38). P. 79.
6. Mitskevich A. V. Acts of the highest bodies of the Soviet state. The legal nature of normative acts of the highest bodies of state power and administration of the USSR. M.: Yurid. lit., 1967. P. 67.
7. Samoshchenko I. S. Some questions of the doctrine of the normative acts of the socialist state // Jurisprudence. 1969. No. 3. P. 29.
8. Alekseev S.S. General theory of law. P. 234.
9. Normography: theory and technology of rulemaking: textbook / ed. Yu. G. Arzamasova. M.: Yurayt, 2017. P. 354-360.
10. Insignificant E. A. Law as a means of state strategic planning: dis. …cand. legal Sciences. M., 2012. S. 19.
11. Govorukhina Yu. V. Decree. dis. P. 40-44.
STATE AND LAW THEORY
MIRZAEV Mirza Abdullayevich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Dagestan State University
TO A QUESTION OF REFORM OF LOCAL GOVERNMENT
The article discusses the problem of reforming local self-government in the Russian Federation, as well as the reasons for the insufficiently high level of efficiency of local government. It is noted that the constitutional reform of 2020 contributes to the elimination of a number of conflicts and legal gaps in the interaction of society, local self-government and the state. The main changes in the system of local self-government expected as a result of the reform are determined. The shortcomings of the ongoing municipal reform are analyzed. In conclusion, the ways of further reforming of local self-government in the conditions of its inclusion in the system of public power are proposed.
Keywords: reform of local self-government, public authority, state, draft law on local self-government, amendments to the Constitution of the Russian Federation.
References
1. Bredikhin A.L. New status of local self-government in the light of amendments to the Constitution of the Russian Federation // Bulletin of the Ivanovo State University. Series: Natural, social sciences. – 2022. – No. 1. – S. 23-27.
2. Brovchenko N. V. Local self-government in the context of municipal reform 2022: from the form of democracy to the form of self-organization // Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. – 2022. – No. 2 (52). – P. 5-8.
3. Voronina I. A., Krivolapova L. V. On the issue of local government reform // Agrarian and land law. – 2022. – No. 5 (209). – P. 70-74.
4. Davydova N. Yu. Complication of the structure and system of the institution of constitutional and legal enforcement in the field of local self-government // Lawyer. – 2009. – No. 11. – P. 85-91.
5. Izutova O. V. Portrait of the Russian mayor // Budget. – 2019. – No. 8. – S. 28-31.
6. Kalustov L. G. The problem of local government reform in the Russian Federation // Synergy of Sciences. – 2022. – No. 69. – S. 25-32.
7. Marievich A. A., Blokhin M. S., Lobanova I. A. Local self-government as an element of a unified system of public authority // World Science. – 2023. – No. 1 (70). – S. 94-98.
8. Serov S. K. To the question of the draft of a new law on local self-government // Law. Right. State. – 2022. – No. 3 (35). – P. 150-153.
9. Chikhladze L. T. Administrative decentralization in the light of new trends in the development of relationships between state and municipal authorities // Education and Law. – 2016. – No. 3. – P. 73-76.
10. Shakhov A. A. To the question of the own powers of local governments within the framework of the forthcoming municipal reform // Law and State: Theory and Practice. – 2022. – No. 12 (216). – S. 145-148.
11. Shirokov A. N., Yurkova S. N. LSG: big reform or abolition? // Budget. – 2022. – No. 1. – P. 70-74.
12. Gunina T. G. Transition to a single-level system of municipalities: consequences for local government // Oeconomia et Jus. – 2022. – No. 2. – S. 61-72. [Electronic resource]. – Access mode: http://oecomia-et-jus.ru/single/2022/2 (date of access: 07/06/2023).
STATE AND LAW THEORY
MOKHOROV Dmitry Anatoljevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
DOLZHENKOVA Ekaterina
Ph.D. in political sciences, associate professor of Humanitarian Institute of Higher School of Law and Forensic Technical Expertise of Peter the Great St. Petersburg Polytechnic University
MINKINA Margarita Valerjevna
lecturer of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, colonel of justice of the Main Directorate of the Ministry of Internal Affairs for St. Petersburg and the Leningrad Region
COUNTERING CORRUPTION IN THE CONTEXT OF DIGITALIZATION OF STATE INSTITUTIONS
Countering corruption as a negative process that destructively affects various aspects of society’s activities requires the use of new techniques and methods that correspond to the current level of digitalization of public administration functions. To date, in the Russian Federation, the use of digital technologies in the field of combating corruption has not reached the level that would create objectively favorable prerequisites for the implementation of state programs to combat corruption activity. The introduction of digital technologies into the work of the highest executive authorities aims to reduce the level of corruption pressure on the implementation of public administration functions and assumes a gradual impact on the manifestations of corruption in various spheres of economic activity of legal entities and individuals.
Within the framework of this work, the issues of establishing an objective relationship between the use of digital technologies in the field of public and municipal administration and the level of corruption in public authorities are resolved. The research methods are: comparative-analytical, statistical sampling, legal forecasting.
As a result of the analysis, a certain correlation was revealed between the introduction of digitalization in certain areas of socio-economic activity of public authorities and various commercial entities, and the qualitative state of corruption activity, which negatively affects the achievement of the results of the implementation of state programs aimed at improving the welfare of the population.
Digital technologies currently act as a promising way to influence the processes of countering corruption factors and require closer attention from various parts of the state vertical of power as an effective means of reducing the level of corruption in key sectors of the national economy.
Keywords: corruption, digital technologies, digitalization, informatization, countering corruption processes.
References
1. Zolaev E. A. The digital state as a new stage in the development of society // Creative Economy. – 2021. – Volume 15. – No. 5. – S. 1583-1594. – [Electronic resource]. – Access mode: doi: 10.18334/ce.15.5.112164.
2. Menyailo D. V., Krupennikova K. K. On combating corruption in the context of digital transformation // Problems of law enforcement. – 2022. – no. 3. – S. 28-32.
3. Countering corruption in the context of digitalization of the state, law and economy: conceptual and institutional aspects / S. A. Vorontsov, A. I. Ovchinnikov, A. Yu. Mamychev et al.; Southern Federal University, Russian Academy of National Economy and Public Administration under the President of the Russian Federation. – Rostov-on-Don; Taganrog: Southern Federal University, 2021. – 176 p. – ISBN 978-5-9275-3669-6. – EDN JAUUOO.
4. Ovchinnikov A. I. Countering corruption in the context of digitalization: opportunities, prospects, risks // Journal of Russian Law. – 2019. – No. 11. – P. 158-170. – [Electronic resource]. – Access mode: DOI 10.12737/jrl.2019.11.12. – EDN RHHUQS.
5. Esetova S. K., Ibraeva A. S., Dzhunusov A. M., Ishchanova G. T., Baikenzheev A. S. The role of digitalization in combating corruption and strengthening civil society // Vestnik KazNU. Series Legal. – 2020. – T. 94. – No. 2. – S. 12-22.
6. Akatkin Yu. M., Yasinovskaya E. D. Digital transformation of public administration. Datacentricity and semantic interoperability. – M.: DPK Press, 2018. – 48 p.
7. Gadzhiyeva A. A. Problems of combating corruption and corruption crime in the context of digital transformation. // Bulletin of the Altai Academy of Economics and Law. – 2021. – No. 11-2. – P. 331-336.
8. Hauser C., Berenbeim R. E. Anti-corruption Education // The SAGE Hand-book of Responsible Management Learning and Education. – 2020.
STATE AND LAW THEORY
OSTAPOVICH Igor Yurjevich
Ph.D. in Law, professor of Constitutional law sub-faculty of the Ural state law University
QUESTION OF THE CORRELATION OF THE CONCEPTS OF “LAW-MAKING”, “RULE-MAKING” AND “LAW-MAKING”
The article discusses doctrinal approaches to the definition of “lawmaking”, “rulemaking” and “lawmaking”. Examples of theoretical discussions of researchers on the designated categories are given. The absence of legislative regulation at the federal level, which would make it possible to differentiate the phenomena considered, allows the authors to independently determine the criteria. In this regard, currently there is a confusion of the concepts of “lawmaking”, “rulemaking” and “lawmaking”. It is noted that the theories of law-making and law-realization have not lost their relevance to date.
Keywords: lawmaking, rulemaking, lawmaking, legal doctrine, the concept of legal understanding.
References
1. Alekseev S. S. The mechanism of legal regulation in a socialist society. – M.: Yurid. lit., 1966. – S. 34.
2. Alekseev S. S. Theory of Law. – M.: BEK, 1995. – S. 80.
3. Avakyan S. A. Social factor in legislation: some problems and proposals // Constitutional and municipal law. – 2006. – № 3. – S. 3.
4. Borsova Zh. P. Legislation in a modern federal state: problems of theory on the experience of the Russian Federation: dis. … cand. legal Sciences: 12.00.01. – M., 2008. – S. 11.
5. Vengerov A. B. Theory of state and law. – M.: Norma, 1999. – S. 411.
6. Law: creation and interpretation / Ed. A. S. Pigolkin. – M.: Spark, 1998. – S. 34.
7. Zyablova T. E. Social foundations of lawmaking in modern Russia: dis. … cand. legal Sciences: 12.00.01. – Vladivostok, 2004. – P. 39.
8. Kulapov VL Theory of state and law. – M.: Knorus, 2017. – S. 230-234.
9. Lazarev V. V., Lipen S. V. Theory of state and law. – M.: Yurayt, 2011. – S. 344–346.
10. Lipen S. V. Theoretical problems of statehood and law in the political and legal doctrines of the 17th – early 20th centuries: monograph. – Minsk: Acad. Ministry of Internal Affairs of the Republic of Belarus, 2011. – P. 5.
11. Nersesyants V. S. Law and law. – M.: Nauka, 1983. – S. 344.
12. Nersesyants V. S. General theory of law and state. – M.: Jurist, 1999. – S. 415.
13. General theory of state and law: academic course: in 2 volumes / Ed. M. N. Marchenko. T. 2. Theory of law. – M.: Norma, 1998. – S. 157.
14. General theory of law and state / Ed. V. V. Lazareva. – M.: Jurist, 2001. – S. 117.
15. Petrazhitsky L. I. Theory of law and state in connection with the theory of morality. – St. Petersburg: Lan, 2000. – S. 37-40.
16. Petrov A. I. Legislation as a special type of activity of a representative body of state power: dis. … cand. legal Sciences: 12.00.01. – Nizhny Novgorod, 2007. – P. 14.
17. Lawmaking in the USSR / Ed. A. V. Mitskevich. – M.: Yurid. lit., 1974. – S. 29–36.
18. Radko T. N. Problems of the theory of state and law. – M.: Prospekt, 2014. – S. 223.
19. Theory of State and Law / Ed. V. M. Korelsky, V. M. Perevalov. – M.: Norma, 2002. – S. 319.
20. Theory of State and Law / Ed. A. S. Pigolkina, Yu. A. Dmitrieva. – M.: Yurayt, 2011. – S. 537–540.
21. Tikhomirov Yu. A. Lawmaking. General theory of state and law: academician. course: in 3 volumes – M.: MGU, 2007. – T. 2. – S. 400.
22. Chestnov I. L. Postclassical legal understanding // Social sciences and modernity. – 2010. – № 5. – P. 157-162.
23. Shebanov A.F. On the concepts of the source of law and the form of law // Jurisprudence. – 1965. – № 4. – S. 23-33.
24. Shershenevich GV General theory of law. – M.: ed. br. Bashmakov, 1906. – S. 38.
STATE AND LAW THEORY
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
THE GENERAL THEORETICAL ASPECT OF THE COMBINATION OF THE CATEGORY OF “INTEREST” IN THE CONTEXT OF THE CATEGORIES OF “WILL”, “MOTIVE” AND “GOAL”
The article highlights general theoretical issues related to the justification and individual aspects of the categories of interest, will, motive and purpose, their relationship, meaning and specificity. Separate theoretical justifications of general humanitarian and special sciences are presented and analyzed. The article emphasizes that there is still no single point of view among scientists regarding the combination, correlation and interdependence of individual categories under study, since many points of view, justifications, characteristics and theories are quite controversial, both from the point of view of general psychology and general theory of law, and individual special sciences.
Keywords: interest, will, motive, goal, general humanitarian sciences, special sciences, general scientific categories, desires, needs, actions, inaction, legal relations, offenses, objective and subjective criteria.
STATE AND LAW THEORY
SHMIDT Anna Valerjevna
lecturer of Theory of state and law sub-faculty of the Saratov State Law Academy
ON THE MECHANISM OF FORMATION OF SPECIAL LEGAL STATUS
The article is devoted to the mechanism of formation of special legal status. It is concluded that only two elements are absolutely necessary in the mechanism of acquisition of special legal status: the appearance of actual prerequisites and external recognition. The others, despite their undoubted importance, are only optional. As for the legal consequences of the acquisition of special legal status, they can be divided into two main groups: the addition of elements to the general status – a situation in which all the rights and obligations to which the subject was initially endowed in the order of the general status, remain with him, but in addition to them appear any new ones; truncation of elements of the general status – a situation in which the subject for some reason is deprived of the rights and (or) obligations that all others have.
Keywords: special legal status, recognition, benefits, deprivation of rights.
References
1. Baidarova M.A. Forms of implementation of legal exceptions: theory and practice // Bulletin of the Saratov State Law Academy. – 2020. – No. 2 (133). – P. 92-97.
2. Gruzdev VV On the essence of civil legal personality / Actual problems of Russian law. – 2018. – No. 2 (87). – P. 113-121
3. Chestnov I. L. Postclassical theory of law. – St. Petersburg: ALEF-Press, 2012. – 649 p.
4. Sumenkov S. Yu. Exceptions in law: general theoretical analysis. Dis. … doc. legal Sciences. – Saratov, 2016. – 475 p.
STATE AND LAW THEORY
HUANG Zeyan
magister student of the Vitebsk State Technological University
ON THE RELATIONSHIP BETWEEN GLOBAL GOVERNANCE AND INTERNATIONAL LAW
In today’s dynamic world, global governance and international legal systems are primarily clearly developed structures and mechanisms devised to implement the management of global issues of world order within civilization. The aim is to analyze the interrelationships between contemporary global governance and the legal systems existing in the international arena. Global governance itself is a set of legal organizations and processes for the construction of world cooperation and its coordination.
Research Methods. The article implements the analysis of literary sources on the topic of research, as well as a comparative analysis of existing systems to identify differences and peculiarities.
The results of the study reveal the impact of global governance and legal systems on different aspects and spheres of society.
Conclusions. The elaboration of innovative concepts and approaches to global governance can contribute to the prevention and solution of challenges and relevant problems to modern society.
Keywords: governance, law, challenges, modernity, problems, solutions, innovations, cooperation, peace, interaction.
List of references
1. Buryanov S. A. On the need for global law in the context of the problem of purposeful formation of the global governance system for sustainable development // Century of Globalization. – 2019. – No. 4. – P. 129-142.
2. Musienko T. V., Lukin V. N. Global governance and global security: status and prospects // Vestnik of Moscow University. Series 27. Globalistics and Geopolitics. – 2020. – No. 2. – P. 89-103.
3. Bystryantsev S. B., Markov A. A., Bystryantsev P. С. Global governance: theoretical ap-proaches and vocabulary // Education and Law. – 2021. – No. 2. – P. 185-189.
4. Shokhin A., Prokhorova A. Interaction of business and power in interstate institutions of global governance. – Litres, 2022.
5. Ursul A. D. Global vector of international relations // World Politics. – 2019. – No. 3. – P. 60-71.
6. Pestsov S. K. Global order and global governance: practical challenges and theoretical debates // Asia-Pacific region: economy, politics, law. – 2021. – T. 23. – No. 1. – S. 53-69.
7. Buryanov M. S. Prospects for the development of Russian statehood in the context of modern global processes and challenges // Editorial Board. – 2019. – Vol. 4. – P. 67.
HISTORY OF STATE AND LAW
EGOROV Andrey Mikhaylovich
Ph.D. in historical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
THE PECULIARITIES OF THE ORGANIZATION AND THE RATIO OF THE ACTIVITIES OF INSPECTIONS OF CORRECTIONAL WORK AND SPECIAL COMMANDANTS OF THE PERIOD OF DEVELOPED SOCIALISM (LATE 1960S – EARLY 1980S)
The article examines the historical experience of the development of bodies and institutions for the execution of criminal punishments that are not related to the isolation of convicts from society in the USSR of the late 1960s – early 1980s. The author conducted a comparative legal analysis of the organization of the execution of such punishments for two and a little decades of the history of the Soviet state, officially called the period of the so-called developed socialism. The study is based on the study of two parallel functioning structures in this area: inspections of correctional labor and special commandant’s offices (special commandants), subordinate since 1977 to the Fifth Main Directorate for the Execution of Sentences Not Related to Imprisonment, the USSR Ministry of Internal Affairs.
Keywords: correctional works, inspection, conditional conviction, conditional release, compulsory labor, special commandant’s office.
References
1. Abramova N. G. On the issue of the application of punishment in the form of forced labor at the present stage // Penitentiary system, state and society: problems of interaction: materials of the International scientific and practical conference, Pskov, October 15, 2021. – Pskov: Pskov branch of the Academy of the Federal Penitentiary Service of Russia, 2022. – P. 11-17.
2. Bogdanov V. Ya. Activities of the Inspection of Correctional Labor and Employment for the Reeducation of Convicts. – M: VNII MVD USSR, 1981. – 72 p.
3. Bushuev I. A. Correctional work. – M., 1968. – 200 p.
4. Egorov A. M. Issues of judicial practice in the north-west of the RSFSR in the first half of the 1980s (based on archival materials of the Pskov region) // Eurasian legal journal. – 2019. – No. 8 (135). – S. 73-74.
5. Egorov A. M. Activities of judicial institutions of the Pskov region in the field of work with complaints and appeals of citizens at the turn of the 1970-1980s. (historical and legal aspect) // Eurasian legal journal. – 2018. – No. 10 (125). – S. 81-82.
6. Egorov A. M. Legal culture of the border region on the eve of the collapse of the Soviet Union: based on the work of the judicial institutions of the Pskov region (historical and legaloh aspect) // Socio-cultural environment: systemic organization, anthropological dimension, border specifics: Proceedings of the international correspondence scientific and practical conference, Vitebsk, November 16, 2018. – Vitebsk: Vitebsk State University. P. M. Masherova, 2018. – S. 112-115.
7. Egorov I. A. International assistance of the internal affairs bodies of the USSR to maintain law and order and public security in Afghanistan // State and law: evolution, current state, development prospects (to the 100th anniversary of the formation of the USSR): Proceedings of the XIX International Scientific and Theoretical Conference . In 2 parts, St. Petersburg, April 28–29, 2022 / Edited by N.S. Nizhnik, comp. N.S. Nizhnik, E.N. Kozinnikov. Volume Part II. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 457-461.
8. Koloshinskaya N. V. Evolution of theoretical and legal views on criminal punishment in Russia // Uchenye zapiski St. Petersburg im. V. B. Bobkov branch of the Russian Customs Academy. – 2007. – No. 1 (27). – P. 180-197.
9. Korostylev O. V. From the Bureau of Forced Labor to Penal Inspections // Bulletin of the Kuzbass Institute. – 2019. – No. 2 (39). – P. 149-156.
10. Maystrenko G. A. Execution of punishments not related to the isolation of convicts from society: organizational and legal aspects // Issues of Russian and international law. – 2023. – T. 13, No. 3-1. – S. 502-507. – DOI 10.34670/AR.2023.29.44.054.
11. Maistrenko G. A. Colony-settlement as a type of correctional institution: raising the question // Law and Law. – 2023. – No. 3. – P. 203-206. – DOI 10.56539/20733313_2023_3_203.
12. Scientific notes of VNIISZ. 1966. Issue. 7. Issue. 7 / editorial board: I. S. Vlasov, S. S. Karinsky, M. G. Kirichenko, B. S. Krylov, A. A. Ruskol, I. S. Samoshchenko (Chief editor), E. A Fleischitz. – M., 1966. – 209 p.
13. The effectiveness of criminal law measures to combat crime. – M., 1968. – 255 p.
HISTORY OF STATE AND LAW
KOZHEVNIKOVA Anastasia Mikhaylovna
Ph.D. in historical sciences, senior lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CHILDREN’S LAW AND HOMELESSNESS: A HISTORICAL ASPECT
The article examines the historical aspect of the formation of the branch of children’s law in the Soviet period in connection with the problem of mass child homelessness. The Soviet experience of legal protection of a child in the family, as an accused and as a victim of a crime, is of some practical interest. The Soviet concept of children’s law, reflected in the article by V. I. Kufaev and in the book by G. D. Ryndzunsky, T. M. Savinskaya, can serve as an example for creating a modern textbook on children’s law.
Keywords: children’s law, minors, homelessness, neglect, children legal protection.
References
1. Borisova N. E. Historical and theoretical foundations of “children’s” law // Bulletin of the Moscow State Pedagogical University. Series: Legal Sciences. – 2014. – No. 1 (13). – S. 14-24.
2. Kozhevnikova A. M., Bezverkhova S. V. The fight against child homelessness in the first decade of Soviet power // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 3. – P. 96-103.
3. Kufaev V. I. Children’s law, its subject and scope // Law and Life. – 1926. – Prince. 8-10. – P. 59-65.
4. Ryndzyunsky G. D., Savinskaya T. M. Children’s law: the legal status of children in the RSFSR. – 3rd ed., completely revised. and additional – Moscow; Leningrad: State. study.-teacher. publishing house, 1932 ([Moscow]: type-lit. named after Vorovsky). – 332 p.
5. Sochneva O. I. About “children’s law” as a complex regulatory and legal block of social legislation // Social legal notebook. – 2011. – No. 1. – P. 76-100.
HISTORY OF STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher of Regional studies of Russia, national and state-confessional relations sub-faculty of the Altai State University, professor of National and universal history sub-faculty of the Novosibirsk State Pedagogical University
BUDDHISM IN THE SOUTH OF SIBERIA IN THE CONTEXT OF THE STATE-CONFESSIONAL POLICY OF THE RUSSIAN EMPIRE (BASED ON THE MATERIALS OF THE RUSSIAN STATE HISTORICAL ARCHIVE)
This publication is another in a series of analytical materials prepared by us on the coverage of the activities of state bodies of the Russian Empire in the context of regulating state-confessional relations in the Siberian region. The article is dedicated to the characterization of the corpus of documentary materials of the fund of the Department of Spiritual Affairs of Non-Orthodox Confessions of the Ministry of Internal Affairs of the Russian Empire as part of the Russian State Historical Archive in St. Petersburg as a source for studying the experience of state-confessional relations in the south of Siberia in the pre-Soviet period.
Keywords: Department of Spiritual Affairs of Non-Orthodox Confessions of the Ministry of Internal Affairs, religion, Buddhism, Lamaism, Siberia, Hambo-lama, archival materials.
References
1. Bazarov B. V. A nation at a crossroads: Buryat pan-Mongolism in the context of the geopolitical confrontation between Russia and Japan // Bulletin of the Irkutsk State University. Series: History. – 2016. – T. 18. – S. 49-57.
2. Ma Ts. Mongolia, Tibet and Lanzhou of China in terms of Badmaev // Actual problems of modern science. – 2017. – No. 4 (95). – P. 32-35.
3. Nedzelyuk T. G. Documents of the Russian State Historical Archive on State and Confessional Policy towards Non-Orthodox Religious Organizations in Western Siberia in the Imperial Period // Eurasian Law Journal. – 2020. – No. 8 (147). – P. 75-76.
4. Russian State Historical Archive (RGIA). Fund 821: Department of Religious Affairs of Non-Orthodox Confessions of the Ministry of Internal Affairs of the Russian Empire. – Op. 8. – D. 1157, 1236, 1237, 1241.
5. Rinchino E. D. Documents, articles, letters. – Ulan-Ude: Ed.-ed. Department of the Ministry of Press of the Rep. Buryatia, 1994. – 234 p.
6. Tsyrempilov N. V. When did Russia recognize Buddhism? In Search of the Decree of 1741 by Empress Elizaveta Petrovna on the Official Recognition of Buddhism by the Russian Authorities // Humanitarian Vector. – 2014. – No. 3 (39). – P. 96-109.
HISTORY OF STATE AND LAW
SOROKIN Danil Sergeevich
magister student of the Far Eastern Federal University
SOFRINA Alina Alexeevna
magister student of the Far Eastern Federal University
PUCHKIN Dmitriy Konstantinovich
magister student of the Far Eastern Federal University
ANTIPOV Danil Yurjevich
magister student of the Far Eastern Federal University
YURKEVICH Evelina Alexandrovna
magister student of the Far Eastern Federal University
JUSTICE IN THE HISTORY OF LEGAL THOUGHT: EQUALIZING AND DISTRIBUTING JUSTICE
This article explores the concepts of equalizing and distributive justice in the context of the history of legal thought. She analyzes the relationship between these aspects of justice and their impact on the formation of a more just society. The article also draws attention to the role of legal equality and legality in ensuring justice, and also examines new challenges and opportunities associated with the use of technology in achieving justice.
Keywords: justice, equalizing justice, distributing justice, legal equality, legality, technology, social policy, society, ethics, innovation.
References
1. Bulgakov VV The principle of justice in law // Questions of the theory of state and law. – Tambov: Publishing House of TSU im. G. R. Derzhavina, 2004. – 650 p.
2. Gulevich OA Social psychology of justice. – M.: Aspect Press, 2007. – 254 p.
3. Rolls D. Theory of justice. – Novosibirsk: Publishing house Novosib. un-ta, 1995. – 535 p.
4. Heffe O. Justice. Philosophical introduction. – M.: Praxis, 2007. – 191 p.
5. Chicherin BN Philosophy of law. – St. Petersburg: Publishing House of St. Petersburg. un-ta, 1998. – 556 p.
6. Hegel G. V. F. Philosophy of law. – Moscow: Thought, 1990. – 524 p. – ISBN 5-224-00384-4.
7. Nersesyants V. S. Philosophy of law: a textbook for universities. – Moscow: NORMA, 2001. – 652 p. – ISBN 5-89123-098-4.
HISTORY OF STATE AND LAW
KHOLOD Egor Konstantinovich
magister student of the Far Eastern Federal University
BRYKOVA Darya Dmitrievna
magister student of the Far Eastern Federal University
PESTRETSOV Ivan Vyacheslavovich
magister student of the Far Eastern Federal University
SKACHKOVA Margarita Alexeevna
magister student of the Far Eastern Federal University
BABICHEVA Anastasia Sergeevna
magister student of the Far Eastern Federal University
GENESIS OF POLITICAL SCIENCE THEORIES
The scientific article explores the origin and evolution of political science theories, considering their development from antiquity to the present. The key milestones of research in political science, reflecting the dynamics of social, cultural and ideological transformations, are analyzed. The article also reveals the interrelationships between political philosophy, historical events and the formation of political science concepts.
Keywords: political science theories, genesis, antiquity, Middle Ages, Renaissance, Enlightenment, rationalism, contract theory, power, public consent, justice, individual rights.
References
1. Irkhin Yu. V. Political science at 2 pm Part 1. History of political thought: a textbook for universities. – 2nd ed., Rev. and additional – Moscow: Yurayt Publishing House, 2021. – 370 p.
2. Pyzh VV Political science. Political ideas and concepts of power: a textbook for universities. – 2nd ed., Rev. and additional – Moscow: Yurayt Publishing House, 2020. – 317 p.
3. Yashkova T. A. Comparative political science: a textbook for bachelors. – 2nd ed. – Moscow: Publishing and Trade Corporation, 2020. – 606 p.
4. Yashkova T. A. Comparative political science: textbook for bachelors. – 2nd ed. – Moscow: Publishing and Trade Corporation. – 606 p.
5. Easton D. New revolution in political science // Socio-political journal. – 1993. – No. 8. – P. 115-128.
6. Anufriev E. A. Introduction to the methodology of political analysis // Modern political analysis and political technologies. – T. II. – Moscow: Profizdat, 2005. – S. 36-52.
CONSTITUTIONAL LAW
VORONTSOVA Madlena Alekzandrovna
Ph.D. in Law, associate professor of State and legal disciplines sub-faculty of the North-West Branch of the Russian State University of Justice
PROTECTION OF REPRODUCTIVE HEALTH OF THE POPULATION AS A BASIS FOR DEMOGRAPHIC SECURITY OF RUSSIA
The article deals with the protection of reproductive health of the population as a basis for demographic security of the Russian Federation. The main threats to human reproductive health at the present stage, which served as a basis for the deterioration of the demographic situation in the country, are highlighted. The constitutional norms that enshrine the foundations of reproductive health protection are analyzed. Proposals to improve the legal protection of reproductive health of the Russian population in order to improve the demographic situation are given.
Keywords: reproductive health, legal protection, health, demographic security, security.
References
1. Gladkaya V. S., Gritsinskaya V. L., Medvedeva N. N. Current trends in reproductive health and reproductive behavior of the female population in Russia // Mother and Child in Kuzbass. – 2017. – No. 1. – P. 10-15.
2. Kozlovsky V. V., Pankratova L. S., Tkachuk D. V. Reproductive health of the population of Russia: resources of state regulation // Woman in the Russian society. – 2021. – No. 3. – P. 32-46.
3. Kondratenko A. I. Demographic security as a condition for protecting the national interests of modern Russia // Central Russian Bulletin of Social Sciences. – 2015. – No. 5. – P. 73-78.
4. Kuznetsova E. D. The demographic policy of the Russian Federation in the context of ensuring national security: Abstract of the thesis. cand. polit. Sciences. – Krasnodar, 2017. – 27 p.
5. Shkolnikova L. E. Reproductive health: concept, evaluation criteria // Pedagogical-psychological and medical-biological problems of physical culture and sports. – 2008. – No. 3 (8). – P. 162-171.
CONSTITUTIONAL LAW
DOSAKAEV Alimberdi Bazarbievich
senior lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
LEGISLATIVE NOVELTIES IN MATTERS OF CONSTITUTIONAL AND LEGAL REGULATION OF THE STATUS OF INDIGENOUS PEOPLES OF RUSSIA
The article discusses the novelties of legislation in matters of regulation of the legal status of the indigenous peoples of Russia. Legal acts are analyzed that define a new procedure for classifying people as indigenous peoples, as well as the features of accounting for persons belonging to indigenous peoples. Through the use of various methods of scientific research, certain legal norms of the legislative act under consideration are analyzed for the presence or absence of conflicts in them.
Keywords: indigenous peoples, registration of persons belonging to small peoples, guarantees, communities of small peoples.
References
1. Kryazhkov V. A. Indigenous peoples of the North in Russian law. – M.: Norma, 2010. – 560 p.
2. Aborigines of Russia will be counted // Kommersant. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4046399 (date of access: 06/25/2023).
CONSTITUTIONAL LAW
ISPOLINOV Alexey Stanislavovich
Ph.D. in Law, Moscow
THE ADMISSION OF FOUR NEW SUBJECTS INTO THE RUSSIAN FEDERATION: THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON THE RIGHT TO SECESSION AND THE CONDITIONS FOR ITS IMPLEMENTATION
The article examines the international legal aspects of the Conclusions of the Constitutional Court of the Russian Federation of October 2, 2022, adopted on the conclusion of agreements on the entry into the Russian Federation of four new subjects that were previously the territory of Ukraine. The author proceeds from the fact that these conclusions represent a political and legal consolidation of the doctrine of Russia in relation to the post-Soviet space. As the review of international doctrine and practice given in the article shows, in general, the new doctrine formulated by the Constitutional Court of the Russian Federation in the resolutions of October 2, 2022, is in line with modern ideas and ideas about the implementation of the right of peoples to self-determination and the correlation of this right with the principle of territorial integrity of states.
Keywords: secession, right to self-determination, territorial integrity, Constitutional Court of the Russian Federation, referendum.
References
1. Anderson G. Secession in International Law and Relations: What Are We Talking About? // Loyola of Los Angeles International and Comparative Law Review. – Vol. 35. – 2013. – No. 3. – P. 343-388.
2. Cismas I. Secession in Theory and Practice: the Case of Kosovo and Beyond // Goettingen Journal of International Law. – Vol. 3. – 2010. – № 2. – P. 531-587.
3. Crawford J. The Creation of States in International Law, 2nd edn (Oxford, 2007; online edn, Oxford Academic, 1 Jan. 2010).
4. Dugard L., Raic D. The role of recognition in the law and practice of secession // Secession. International Law Perspectives / M. Kohen (ed.). – New York: Cambridge University Press, 2006. – P. 94-137.
5. Fisher S. Towards “Never Again”: Searching for a Right to Remedial Secession under Extant International Law // Buffalo Human Rights Law Review. – 2016. – Vol. 22. – P. 261-296.
6. Hayes L. The Demand for Unilateral Secession in Catalonia: While the Cause is Compelling, Secession Would Not Be Legal Under International Law // University of Baltimore Journal of International Law. – Vol. 6. – 2019. – № 2. – P. 266-289.
7. Miholjcic N. The Role of Irredentism in Russia’s Foreign Policy // Caucasus International. – 2019. – Vol. 9. – No. ½. – P. 87-100.
8. Moeckli D., Reimann N. Independence Referendums in International Law // Research Handbook on Secession / J. Vidmar, S. McGibbon, L. Raible (eds). Edward Elgar, 2020.
9. Peters A. Does Kosovo Lie in the Lotus-Land of Freedom? // Leiden Journal of International Law. – Vol. 24. – 2011. – P. 95–108.
10. Pronto A. A. Irredentist Secession in International Law // Fletcher Forum of International Affairs. – 2016. – Vol. 40. – No. 2. – P. 103-120.
11. Qvortrup M. Referendums on Independence, 1860–2011 // The Political Quarterly. – 2014. – Vol. 85. – No. 1. – P. 57-64.
12. Radan P. Secessionist Referenda in International and Domestic Law // Nationalism and Ethnic Politics. – 2012. – Vol. 18. – No. 1. – Rp. 8-21.
13. Scharf M. Earned Sovereignty: Judicial Underpinnings // Denver Journal of International Law & policy. – Vol. 31. – 2003. – № 3. – P. 373-385.
14. Simon T. Remedial Secession: What the Law Should Have Done, from Katanga to Kosovo // Georgia Journal of International and Comparative Law. – 2011. – Vol. 40. – P. 105-173.
15. Tancredi A. A normative ‘due process’ in the creation of States through secession // Secession. International Law Perspectives / M. Kohen (ed.). – New York: Cambridge University Press, 2006. – P. 171-207.
16. Tolstykh V. Three Ideas of Self-Determination in International Law and the Reunification of Crimea with Russia // Heidelberg Journal of International Law. – 2015. – Vol. 70. – P. 119-139.
17. Vidmar J. Remedial Secession in International Law: Theory and (Lack of) Practice // St. Anthony’s International Review. – Vol. 6. – 2010. – № 1. – P. 37-56.
18. Andreeva G. N. Double standards in relation to modern states to secession: legal aspect // Outlines of global transformations: politics, economics, law. – 2021. – T. 14. – No. 1. – S. 6-22.
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
LOCAL SELF-GOVERNMENT AS A FORM OF DEMOCRACY AND AN INSTITUTION OF CIVIL SOCIETY
The article provides an analysis of the legislative consolidation of the powers of local self-government bodies, including taking into account the constitutional reform of 2020. The authors come to the conclusion that the problem of legislative regulation of the powers of local self -government bodies against the background of rapidly changing and developing legal regulation needs detailed theoretical study and rethinking.
Keywords: local self-government, powers of local self-government bodies, civil society, issues of local importance.
References
1. Asatryan S.V. Local self-government in the system of democracy // Innovations. The science. Education. – 2021. – No. 25. – S. 26-31.
2. Kaplenkova A. P. Direct democracy in the system of local self-government // Crime in the CIS: problems of preventing and solving crimes: Collection of materials of the International Scientific and Practical Conference, 2021. – P. 134-135.
3. Shugrina E. S. Projecting the future: what should be in the foundations of state policy in the field of local self-government // Local law. – 2020. – No. 3. – P. 3-16.
4. Kochev V. A., Burylova L. A. On the issue of the delimitation of powers between local governments and state authorities in the field of public order // Bulletin of the Perm University. – 2013. – No. 4. – P. 87-92.
5. On the problems of ensuring the quality and availability of medical care in the constituent entities of the Russian Federation // Analytical Bulletin of the Federation Council of the Federal Assembly of the Russian Federation. – 2013. – № 27. – 262 p.
6. Shirokov A. N., Yurkova S. N. Amendment to the Constitution of the Russian Federation: prospects for local government // Local Law. – 2020. – No. 3. – S. 61-66.
CONSTITUTIONAL LAW
BOLDYREV Nikita Andreevich
postgraduate student of the Faculty of the Public Administration of the M. V. Lomonosov Moscow State University
DISTRIBUTION OF COMPETENCE TO ESTABLISH RESTRICTIONS OF RIGHTS AND FREEDOMS
The article analyzes the distribution of competence to establish restrictions on rights and freedoms. It is concluded that, despite the provisions of the Constitution of the Russian Federation and the distribution of jurisdiction between the federation and the constituent entities of the Russian Federation, regional authorities can restrict rights and freedoms not only in emergency circumstances, as during the Covid- 19 pandemic, but also in a standard setting. In addition, specific examples confirm that restrictions on rights and freedoms can be introduced by executive authorities and officials. The problem associated with the decision-making process on the restriction of rights and freedoms by the executive branch is highlighted, since such a process is carried out unilaterally and does not directly provide for the democratic elements that exist in the legislative process: voting, discussion , public involvement.
Keywords: restrictions on rights and freedoms, subjects of jurisdiction, restrictions on rights and freedoms by the constituent entities of the Russian Federation, the process of issuing acts by the executive branch.
References
1. Doroshenko E. N. Constitutional and legal framework for restricting human rights in connection with the pandemic of a new coronavirus infection // Actual problems of Russian law. – 2020. – No. 12. – S. 48-56.
2. Karpushkin A. V. Problems of the delegated rule-making of the State Duma of the Federal Assembly of the Russian Federation on the restriction of human rights // State power and local self-government. – 2022. – No. 1. – S. 44-46.
3. Cherepanov V. A. Restriction of the rights and freedoms of a person and a citizen by the laws of the constituent entities of the Russian Federation: problematic issues and the search for a solution // Constitutional and municipal law. – 2017. – No. 12. – S. 46-51.
4. Yusubov E. S. Regulation and protection of human rights in a federal state // Constitutional and municipal law. – 2010. – No. 9. – S. 36-40.
ADMINISTRATIVE LAW
VASILJEVA Natalya Yurjevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty of the Baikal State University
THE EFFECTIVENESS OF PREVENTIVE MEASURES IN THE FIELD OF FOREST MANAGEMENT, ON THE EXAMPLE OF THE IRKUTSK REGION
The modern system of state management in the field of forest relations integrates various preventive measures into its activities, which requires its participants to develop new theoretical and legal provisions and conceptual approaches that ensure the achievement of a balance of economic and social guidelines for forest management along with the preservation of the ecological potential of forests. In modern conditions of forest use, management activities cover a complex set of social relations, including not only forest management, reproduction, conservation and protection of forests, but also the application of effective preventive measures within the framework of federal state forest control (supervision) .
Keywords: state forest control (supervision), preventive measures, efficiency assessment.
References
1. Andreev Yu. A., Elfimova M. V., Melnik A. A. [et al.] On a possible approach to assessing the effectiveness and relevance of preventive measures in the field of fire safety // Modern problems of civil protection. – 2018. – No. 2 (27). – P. 56-61.
2. Davydova G. V., Tagiev M. I., Korodyuk I. S. [et al.] Improving the legislative regulation of sanitary cuttings as a factor in neutralizing the shadow sector of the timber industry // All-Russian Criminological Journal. – 2019. – T. 13. No. 6. – S. 909-920.
3. Makareiko NV Administrative responsibility in the system of protective institutions of administrative law // Academic legal journal. – 2020. – No. 2 (80). – S. 53-60.
4. Rusetskaya G. D. Implementation of the concept of sustainable development in forestry management. Bulletin of the Baikal State University. – 2022. – T. 32. No. 3. – S. 512-526.
5. Rybinskaya E. T. The function of the court when considering a criminal case. Izvestia of the Irkutsk State Economic Academy. – 2006. – No. 6. – S. 79-82.
6. Samarukha V. I., Zhabina D. A., Lovchagin S. A. Transformation of the management of the timber industry complex of the Baikal region during the transition to a new technological structure // Baikal Research Journal. – 2021. – T. 12. No. 2. – S. 18
ADMINISTRATIVE LAW
GUSEVA Svetlana Dmitrievna
lecturer of Administrative activities and public order protection sub-faculty of the Volgograd Academy of the MIA of Russia, major of police
ON THE ISSUE OF PUNISHMENTS IN VARIOUS COUNTRIES FOR CRIMES IN THE FIELD OF INDUCING THE USE OF SUBSTANCES AND (OR) METHODS PROHIBITED IN SPORTS
This article will briefly review the countries in which crimes are criminalized in the sphere of induction to the consumption of prohibited means and (or) methods. The legal norms and attitudes towards this stable phenomenon of the countries of the former Union of Independent States are analyzed. It is indicated that severe legislative measures have been introduced in Russia in the form of administrative fines, disqualifications and terms of imprisonment, which fully comply with all international anti-doping standards. However, in our country, NADL MSU does not have a license to test athletes, which makes it difficult to disqualify domestic athletes. Also presented are proposals for harmonizing the regulatory framework in this area.
Keywords: athlete, anti-doping legislation, administrative fine, disqualification, criminalization, Union of Independent States.
References
1. Brusnina O. A., Peskov A. N. The practice of doping in professional sports and the consequences for the health of athletes // National interests: priority and safety. – 2014. – T. 10. No. 31 (268). pp. 41-54. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_21788237_31764962.pdf (date of access: 07/25/2023).
2. How many must die. Sudden death of Russian athletes. [Electronic resource]. – Access mode: https://redko-da-metko.ru/2023/04/03/skolko-eshe-dolzhno-umeret-smerti-rossiyskih-sportsmenov/ (date of access: 07/25/2023).
3. The IOC is knocked down: The hypocritical WADA propose to abolish the games and hold the games without doping control. [Electronic resource]. – Access mode: https://cont.ws/@potap1956/2580441 (date of access: 09/01/2023).
4. WADA supports the introduction of penalties for inducing doping. [Electronic resource]. – Access mode: https://tass.ru/sport/4141485 (date of access: 07/14/2023).
5. Criminal Code of the Republic of Belarus. [Electronic resource]. – Access mode: https://criminal-code.bel/statya-331_1 (date of access: 09/01/2023).
6. Khabirova Z. Doping was found in 40 Kazakh athletes. [Electronic resource]. – Access mode: https://www.inform.kz/ru/u-40-kazahstanskih-sportsmenov-obnaruzhili-doping_a4090910 (date of access: 07/18/2023).
7. Samat A. B. Anti-doping: international and Kazakh experience Caspian Public University, Republic of Kazakhstan, Almaty. [Electronic resource]. – Access mode: https://adlet-nt.kz/wp-content/uploads/2022/01/NTA-2021-1_96-102.pdf (date of access: 26.07.2023).
8. Avanesov A. Armenia brings its legislation in line with WADA recommendations. [Electronic resource]. – Access mode: https://arminfo.info/full_news.php?id=73908 (date of access: 07/26/2023).
ADMINISTRATIVE LAW
MAKARENKO Andrey Ivanovich
senior lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia, adjunct of Constitutional and administrative law sub-faculty of the Krasnodar University of the MIA of Russia
ON THE QUESTION OF THE CLASSIFICATION OF SPECIAL ADMINISTRATIVE POLICE REGIMES IN RUSSIA
The scientific article examines the special administrative legal regimes of the police in Russia. Legal regulation of special administrative legal regimes is studied. The question of the relevance of the implementation of a clear scientific classification of special administrative legal regimes is considered. Characteristic features are analyzed, which are a set of rules and procedures applied by the police of the Russian Federation, aimed at ensuring public safety and maintaining order. The influence of the correct classification of regimes on the legal regulation of the police activity is considered.
Keywords: special administrative legal regimes, legal regulation of police activity, classification of special administrative legal regimes of the police.
References
1. Rushailo V. B. Special administrative and legal regimes in the Russian Federation: dis. … doc. legal Sciences – M., 2004.
2. Sapozhnikov A. I. Theoretical approaches to the classification of administrative and legal regimes of public security // Law and Security Journal. – 2007. – No. 3-4 (24-25).
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
IGNATOV Mikhail Vitaljevich
student of the Institute of training of public servants of the Academy of the FPs of Russia
CONTRACTUAL REGULATION AND OTHER ISSUES IN THE FIELD OF ASSISTED REPRODUCTIVE TECHNOLOGIES
The article analyzes and characterizes the norms of the legislation of the Russian Federation on the problems of applying assisted reproductive technologies to customers, the most common of which is surrogacy. In modern Russia, this problem is very relevant. Moreover, the most important points are not only the participation of foreign persons in surrogacy, but also the legal behavior
of women who want to participate as surrogate mothers is affected. The authors propose a solution to such problems by introducing amendments to certain norms of civil legislation, as well as the basics of healthcare in the state.
Keywords: civil legislation, family legislation, healthcare legislation, parents, assisted reproductive technologies, contract, surrogacy.
Reference list
1. Ananyeva E. O., Ivliev P. V. Civil law foundations of entrepreneurial activity in Russia: on the issue of providing paid medical services. Eurasian legal journal. – 2020. – No. 1 (140). – pp. 180-183.
2. Korsak V. Prohibition of partial donation contributes to the destruction of the family. Medvestnik. – [Electronic resource]. – Access mode: https://medvestnik.ru/content/news/Vladislav-Korsak-zapret-chastichnogo-donorstva-sposobstvuet-razrusheniu-semi.html (date of access: 05/15/2023).
3. Garanina I. G. Topical issues of surrogate motherhood in modern international private law. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-surrogatnogo-materinstva-v-sovremennom-mezhdunarodnom-chastnom-prave (date of access: 15.05.2023).
4. Tsybulskaya A. D. Problems of realization of hereditary rights by Nasciturus children conceived with the help of assisted reproductive technologies // Young scientist. – 2020. – No. 24 (314). – pp. 355-357. – [Electronic resource]. – Access mode: https://moluch.ru/archive/314/71527/ (date of access: 05/15/2023).
CIVIL LAW
VOZNESENSKAYA Luiza Nailevna
postgraduate student of the 3rd course of Civil law and process and private international law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
BASHILOV Boris Igorevich
Ph.D. in Law, 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, senior partner of the law firm “Bashilov, Noskov and Partners
TYPICAL SUBJECT OF PROOF IN CORPORATE DISPUTES
In the article the author defines the typical subjects of evidence for corporate disputes with the purpose of revealing and analyzing the influence of the special procedural procedure of consideration of corporate disputes in the state arbitration courts of the Russian Federation.
Keywords: corporate disputes, typical subjects of evidence, arbitration process, arbitration courts.
References
1. 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. P. 136-142;
2. Bashilov B. I., Galkina M. V. Procedural features of consideration by arbitration courts of corporate disputes on requirements for the protection of the rights and legitimate interests of a group of persons // Laws of Russia: experience, analysis, practice. 2020. No. 10. P. 39-43.
3. Kirsanov A. N. Systemic problems of harmonization of corporate legislation // Law and management: XXI century. 2018. No. 2 (47). pp. 40-47;
4. Matyuk Yu. S. To the question of the concept of a corporate dispute // Bulletin of scientific conferences. 2016. No. 12-4 (16). pp. 114-115;
5. Smolina O. S. The subject of proof in economic disputes in the arbitration process // Agrarian and land law. 2019. No. 11 (179). pp. 186-190;
6. Tomilov A. Yu. The role of the court in the formation of the subject of proof in civil cases // Problems of legal proceedings in the court of first instance in civil, arbitration and administrative cases. 2019. P. 396-402.
CIVIL LAW
GLAZACHEV Dmitriy Igorevich
postgraduate student of Legal support of economic activity sub-faculty of the Samara State University of Economics
FEATURES OF THE EXERCISE OF OWNERSHIP RIGHTS TO OBJECTS CREATED AS A RESULT OF THE IMPLEMENTATION OF PROJECTS EXECUTED IN THE FORM OF A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT AND A CONCESSION AGREEMENT. THE PROBLEM OF LEGAL REGULATION
The article provides a comparative analysis between the legislative regulation of the execution of public-private partnership agreements (municipal-private partnership) and concession agreements in terms of the emergence of ownership rights to objects created by the resultsof construction on the basis of these agreements, assesses the disadvantages of such methods of private investment in projects initiated by the state.
Keywords: ownership, contract and contractual obligations, public-private partnership, concession agreement.
References
1. Belykh V.S. Russian business law: textbook. – M.: Prospekt, 2022. – 768 p.
2. Lisin V. S. Transformation of property relations in the strategy of Russian economic reforms. – M.: Higher School, 1998. – 134 p.
3. Kiyamova E. R. Property relations in the system of public-private partnership // Bulletin of the Samara State University. series: economics and management. – 2014. – No. 2 (113). – P. 31-36.
4. Resolution of the Arbitration Court of the Central District dated June 5, 2020 No. F10-1282/2020 in case No. A48-11419/2018. [Electronic resource]. – Access mode: https://fasco.arbitr.ru/ (date of access: 03/15/2023).
CIVIL LAW
GLEBOVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the Samara Institute of Law of the FPS of Russia
TO THE QUESTION OF CIVIL LEGAL RESPONSIBILITY FOR ILLEGAL USE OF SPECIAL MEANS AND PHYSICAL FORCE BY THE EMPLOYEES OF INSTITUTIONS OF THE CRIMINAL-EXECUTIVE SYSTEM OF THE RUSSIAN FEDERATION
The penitentiary system is engaged in solving a number of tasks important for the state and society. In different periods of the development of our state, the execution of criminal punishment was and is a necessary function, first of all, to establish the security of society, a person and a citizen. With a view to the proper execution of court sentences, the state has endowed certain subjects with the authority to carry out the execution of sentences. Such subjects is the Federal Penitentiary Service of Russia.
Persons subject to criminal penalties are the convicted, suspected and accused. As a rule, the personality of such people has a number of disorders in the psychological and emotional background, they lead an antisocial lifestyle, are more likely to exhibit anxiety, anger, and aggression. Considering the criminogenic characteristics of such a special contingent of correctional institutions, it should be noted that, first of all, the object of aggression and attacks by convicted persons are employees of correctional institutions (hereinafter referred to as correctional institutions). In order to counter the aggressive illegal actions of convicts, suspects and defendants, employees of correctional institutions of the penitentiary system (hereinafter referred to as the penitentiary system) have the right to use physical force, special means and firearms.
In the case of the use of special means and physical force, the main task for the employee is to comply with the law, to prevent exceeding the limits for the use of special means and physical force, as well as to exercise such a right within the framework of the law. Misconduct is the basis for the application of various types of legal liability. As part of our study, we will consider the grounds for the application of civil liability.
Keywords: convicts, misuse of special means, misuse of physical force, responsibility.
References
1. Zaitsev A., Neglyad G. Separate aspects of legal regulation of the use of physical force, special means and weapons by the employees of the penal system // Bulletin of the penal system. – 2005. – No. 4. – P. 42.
2. Official Internet portal of legal information, July 19, 2018 – [Electronic resource]. – Access mode: www.pravo.gov.ru.
3. Esakov G. A. Fundamentals of comparative criminal law. – M.: Elit, 2007. – P. 57.
4. The use of physical force and special means by employees of correctional institutions and pre-trial detention centers in the performance of official duties: a teaching aid // Mishustin S. P., Ilyukhin S. E., Kashibadze A. G., Mikheeva S. V. – Samara : Samara Law Institute of the Federal Penitentiary Service of Russia, 2019. – P. 15.
5. Aladyina L. S. Humanization of the legal status of persons deprived of their liberty // Gazette of the penal system. – 2004. – № 4. – S. 22-23.
6. Ovchinnikov S. N. Strictly according to the law // Crime and punishment. – 2013. – No. 8. – P. 10.
7. Gazizulin A.I. Features of the legal status of employees of the penal system // Legal science and practice: Almanac of scientific works of the Samara Law Institute of the Federal Penitentiary Service of Russia. – P. 58.
8. Shestakova E. G. Problems of bringing to responsibility for the abuse of the right by the employees of the penal system of Russia // Collection of scientific papers of the winners and prize-winners of the competition for the best scientific work. – Novokuznetsk, 2017. – P. 57.
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
ROSLYAKOVA Darya Andreevna
magister student of the Samara State University of Economics
On the legal nature and signs of subsidiary liability in the bankruptcy procedure of organizations
The article examines the issues of subsidiary liability in the bankruptcy procedure. Approaches to the legal nature of this responsibility are considered, its signs are analyzed. The article assesses some trends in law enforcement that influence the formation of doctrinal aspects of subsidiary liability in bankruptcy, in particular, the possibility of bringing a claim against the person controlling the debtor outside the bankruptcy procedure. The authors come to the conclusion that the possibility of applying subsidiary liability in this case should be clarified at the level of the highest judicial authority in order to avoid negative legal consequences.
Keywords: insolvency, bankruptcy, debtor, controlling person, subsidiary liability, Supreme Court of the Russian Federation.
References
1. Agibalova EN Is bankruptcy possible without subsidiary liability and is there subsidiary liability outside the framework of bankruptcy proceedings? // Front page. – 2023. – No. 3. – pp. 7-14. – [Electronic resource]. – Access Mode: https://viewer.joomag.com/Front-page-MARCH-2-abridged-issue/0532454001677579808 (Accessed 05/06/2023).
2. Gutnikov O. V. Corporate responsibility in civil law. – M.: IZiSP, KONTRAKT, 2019. – 488 p.
3. Egorov A. V., Usacheva K. A. Doctrine of “removing the corporate veil” as a tool for allocating risks between participants in a corporation and other entities of turnover // Legal World. – 2017. – No. 7. – pp. 44-49.
4. Kondratyeva K. S., Sterligov I. A. Prospects for the application of the doctrine of “removing the corporate veil” when bringing to subsidiary liability the persons controlling the debtor in the Russian Federation: a comparative legal approach // Bulletin of the Tomsk State University. – 2021. – No. 462. – P. 224–231.
5. Lomakin D., Gentovt O. Responsibility of controlling persons: legal nature and the mechanism of attraction to it // Economy and law. – 2016. – No. 1. – pp. 11-15.
6. Savinykh V. A. Subsidiary liability: economic content and legal essence // Vestnik VAS. – 2012. – No. 12. – pp. 59-69.
CIVIL LAW
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
TRANKALAN Fedor Ivanovich
postgraduate student of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL CONSEQUENCES OF THE UNAGREEMENTAL CONSUMPTION OF ELECTRIC ENERGY
This research is devoted to the consequences of the implementation of electric energy consumption in the absence of contractual relations, the procedure for establishing the fact of non-contractual consumption and calculating the volume of consumption. The main attention is paid to the civil and economic consequences, but the authors also reflect the existing types of liability for illegal electricity consumption.
Keywords: non-contracted consumption of electric energy, electrical energy, unaccounted electricity consumption, energy law.
References
1. Frolova N. M. Non-contractual and non-metering consumption of electrical energy and the consequences of its detection // Bulletin of the University named after O. E. Kutafin (MSUA). – 2021. – No. 11 (87). – S. 185-193. – DOI 10.17803/2311-5998.2021.87.11.185-193. – EDN TJAAWP.
2. Rodin E. Non-contractual electricity consumption: how is it regulated and who pays? – [Electronic resource]. – Access mode: SPS ConsultantPlus. – 2019.
3. Trubetskaya A. A. On the issue of abuse of the right when the guaranteeing supplier collects from the consumer the cost of non-contractual consumption of electrical energy // Energy law: models and development trends: Collection of materials of the II international scientific and practical conference, Belgorod, November 12-13, 2020 / Edited by A. V. Gabov. – Belgorod: Belgorod Publishing House, 2021. – P. 189-191. – EDN BSQVPH.
4. Stepenko V. E., Kovalevskaya O.Yu. The procedure for bringing to responsibility for unmetered energy consumption in the field of energy supply // Economic justice in the Far East of Russia. – 2022. – No. 2 (25). – S. 16-24. – EDN QNJBXI.
5. Romanko I. A. Problems of determining the person responsible for non-contractual consumption of electrical energy // Trends in the development of science and education. – 2019. – No. 55-5. – S. 60-63. – DOI 10.18411/lj-10-2019-90. – EDN NDSCKX.
6. Shcherbak I. Yu., Stashko V. I. On the problems of applying the methodology for calculating unaccounted for consumption of electrical energy. I. I. Polzunova / Comp. S. O. Khomutov, V. I. Stashko. – Barnaul: Limited Liability Company “Interregional Center for Electronic Educational Resources”, 2021. – P. 191-195. – EDN FLSQNW.
7. Nosov O. Digitalization is not only a national priority – it is a natural way for the development of modern business // Journal “Bryansk theme”. – 2021. – No. 5. – P. 8-9. – [Electronic resource]. – Access mode: https://elektro-32.ru/o-kompanii/press-tsentr/publikatsii-v-smi/oleg-nosov-tsifrovizatsiya-ne-tolko-natsionalnyy-prioritet-eto-estestvennyy-put-razvitiya- sovremenno/ (date of access: 05/01/2023).
8. Ermakov 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.
9. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality / E. P. Rusakova, // RUDN Journal of Law. – 2022. – Vol. 26. No. 3. – P. 695-704. – DOI 10.22363/2313-2337-2022-26-3-695-704. – EDN FVELIW.
CIVIL LAW
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
PROSPECTS FOR THE DEVELOPMENT OF E-COMMERCE IN MODERN RUSSIA
This article discusses the prospects for the development of e-commerce in modern Russia. The inevitability of the development of this direction is due to the challenges that our state faces today. The development of e-commerce will quickly and effectively develop the domestic economy. The recent COVID-19 pandemic and the need for import substitution form an additional impetus for the development of digital technologies in the industry under study. The constraints that hinder the development of e-commerce are considered, as well as the potential benefits that will be received by the domestic society in the event of the progressive development of e-commerce and its effective use are analyzed.
Keywords: e-commerce, online service, remote technologies, Internet, cyberspace, digital technologies, portable gadgets, digital specialized platforms, mass media, information security, call tracking, author’s right.
References
1. Sheffer A. Methods of teaching the topic “Electronic commerce on the Internet” in the course of computer science at school // Education in the modern world: horizons and prospects. Article in the conference proceedings, 2018. – P. 430-434.
2. Zbarskaya D. G. Electronic commerce: features and prospects (on the example of the USA and Russia) // Economics and management of the national economy: genesis, current state and development prospects. Article in the proceedings of the conference, 2018. – P. 180-184.
3. Taysumova Kh. V., Mizaev M. M. Electronic commerce on the Internet // Economics: yesterday, today, tomorrow. – 2022. – T. 12. No. 4-1. – P. 187-193.
CIVIL LAW
ZAULOCHNAYA Svetlana Andreevna
Ph.D. in Law, Head of Civil law disciplines sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor of the Russian Federation
PROTECTION OF THE RIGHTS OF APARTMENT OWNERS: LEGISLATION AND JUDICIAL PRACTICE
The article discusses the problematic aspects of the legal regime of apartments as a real estate object. The author concludes that the existing legal regulation does not correspond to the social relations actually developing relative to the apartments. Based on the analysis of national legislation and judicial practice, proposals have been formulated to improve the legislative definition of the status of this immovable property and to ensure the rights of its owners.
Keywords: real estate, residential premises, non-residential premises, apartments, place of residence.
Pristateybibliographic list
1. Zakharov A. V. The legal status of modern apartments // Bulletin of the Siberian State University of Communications: Humanitarian Studies. – 2020. – No. 2 (8). – S. 15-19.
2. Demidov P. V., Kovalev N. S. Problems of determining the legal status of apartments as a real estate object // Models and technologies of environmental management (regional aspect). – 2021. – No. 2 (13). – P. 64-67.
CIVIL LAW
ZAKHAROVA Olga Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Juridical Institute of the Baikal State University
EPIFANTSEVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Juridical Institute of the Baikal State University
COMPENSATION FOR DAMAGE CAUSED BY THE INTERACTION OF A VEHICLE WITH AN ANIMAL
This article raises the issue of compensation for damage caused by the interaction of an animal and a vehicle. The authors consider the possibility of recognizing an animal as a source of increased danger, discuss the problem of the correlation of the degree of guilt and the amount of responsibility of the owner of the vehicle and the owner of the pet in case of their interaction. It is noted that municipal authorities may be involved as a defendant if the owner of the animal is not identified. The issue of the insurer’s liability is also raised.
Keywords: source of increased owners danger, animal, compensation for harm, civil liability insurance of vehicle.
References
1. Zhmurov D. V. Prevention of alcohol consumption while driving vehicles // Baikal Research Journal. – 2018. – V. 9. No. 3. – S. 15.
2. Lemzyakova E. P. Problems of compulsory insurance of civil liability of economic entities // Baikal Research Journal. – 2013. – № 4. – S. 5.
3. Suchkov A. I. Features of the forensic characteristics of provoked road traffic crimes // Siberian Criminal Procedure and Forensic Readings. – 2022. – No. 3. – S. 30-38.
CIVIL LAW
KYDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GNEZDILOVA Arina Sergeevna
Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
INDIVIDUALIZATION OF TRADE TURNOVER OBJECTS
This article discusses the ways of individualization of objects of trade turnover and the problems that arise at the same time, problems, modern methods of representing goods. The purpose of the study is to specify the individualizing features of the objects of trade turnover and to enshrine it in the legislation. The base of normative legal acts that regulate the activities of producers and their protection was also studied. The authors note the uncertainty of the legislation in the application of the concept of “company name”, or rather its strict definition in regulatory legal acts.
Keywords: individualization, product, commodity producer, production, trademark.
References
1. Kudryavtseva L. V. Civil law means and business practices aimed at improving the safety and quality of products in the resort business // Actual problems of law and law enforcement at the present stage. – 2015. – № 402.
2. Kudryavtseva L. V. The effect of the principle of good faith in the activities of agricultural producers // Problems of Economics and Legal Practice. – 2019. – № 2 (167)
3. Tsygankova A. E. Trademark as a way to individualize goods in commercial circulation // E-Scio. – 2022. – No. 5 (68).
CIVIL LAW
MOTSAR Yuliya Vladimirovna
Ph.D. in sociological sciences, lecturer of the Stavropol branch of the Krasnodar University of the MIA of Russia
ATMACHEV Sergey Igorevich
Ph.D. in Law, associate professor, professor of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BANKRUPTCY OF THE HEREDITARY MASS: LEGAL ASPECTS OF REGULATION
The article deals with the issues of legal regulation of bankruptcy of the inheritance estate after the death of the testator (debtor). On the basis of theoretical analysis, law enforcement practice of courts and generalization of the current legislation on bankruptcy of citizens, the issue of separation of property transferred in the order of inheritance from the personal property of the heir (debtor) in the bankruptcy procedure is investigated. The ways of solving the issue that allow a favorable impact in the law enforcement practice of the courts are proposed.
Keywords: bankruptcy, heir, testator, hereditary legal relations, hereditary estate, bankruptcy estate, citizen, debtor, creditor.
References
1. Petrov E. Yu. Responsibility of the heir for the debts of the inheritance // Topical issues of inheritance law: Collection / Yu. B. Gongalo, P. V. Krasheninnikov, I. B. Mironov and others; ed. P. V. Krasheninnikova. – M.: Statut, 2016. – S. 88.
2. Shishmareva T. P. Problems of insolvency of isolated property masses // Appendix to the journal “Entrepreneurial Law”. – 2016. – No. 3. – S. 50-54.
CIVIL LAW
NADEZHIN Nikolay Nikolaevich
Ph.D. in Law, associate professor, Vice-rector for Educational and Methodological Work of the Russian Biotechnological University
OPERATIONAL IMPACT MEASURES AS LEGAL MEANS OF ENSURING ENTREPRENEURIAL ACTIVITY
In the conditions of the free formation of conditions for the interaction of economic entities, the so-called measures of operational (operational and economic) impact are of particular importance. Such sanctions are usually of a proprietary nature and can act as a significant factor in managing the situation, including the creation of the necessary legal regime to ensure both the fulfillment of individual obligations and the success of entrepreneurial activity. Therefore, it is necessary to introduce doctrinal certainty and fix in civil legislation the minimum necessary provisions on the contractual and autonomous imposition of sanctions, their size and interaction with other means of property impact, since periodically adopted, but completely unrelated and not having a systemic nature, separate generalizations and court rulings do not perform an orienting function.
Keywords: measures of operational impact, sanction, operational sanction, means of provision, entrepreneurial activity, self-defense.
References
1. Andreev Yu. N. The mechanism of civil law protection. – M.: Norma, 2022. – 464 p.
2. Alekseev S. S. General theory of socialist law. Issue. 2. – Sverdlovsk, 1964. – 226 p.
3. Basin Yu. G., Didenko A. G. Operational sanctions as a means of protecting civil rights // Basin Yu. G. Selected works on civil law. – St. Petersburg, 2003. – 589 p.
4. Bevzenko R.S. Some issues of judicial practice of applying the provisions of Chapter 29 of the Civil Code of the Russian Federation // Bulletin of Civil Law. – 2010. – № 2. – P. 155-170.
5. Belykh V. S. Forms and methods of legal protection of citizens // Protection of civil rights (police, court, prosecutor’s office): pract. allowance. – Yekaterinburg, 1999. – 60 p.
6. Bogdanov D. E. The evolution of civil liability from the standpoint of justice: a comparative legal aspect: a monograph. – M.: Prospekt, 2016. – 304 p.
7. Bogdanova E. E. Protection from the counterparty. Problems of subjective civil rights and interests in contractual relations. – M.: Prior, 2006. – 204 p.
8. Vavilin E. V. Implementation and protection of civil rights. – M.: Statute, 2009. – 415 p.
9. Civil law: Actual problems of theory and practice / ed. ed. V. A. Belova. – M., 2008. – 993 p.
10. Gribanov V. P. Implementation and protection of civil rights. – M.: Statute, 2000. – 410 p.
11. Gribanov V. P. Limits of implementation and protection of civil rights. – Moscow: Publishing House of Moscow State University, 1972. – 204 p.
12. Demieva A. G. On the relationship between the concepts of “legal regulation”, “self-regulation” and “coordination” of economic activity // Civil law. – 2015. – № 4. – S. 9-11.
13. Egorova M. A. Unilateral refusal of a civil law contract. – M. Statute, 2010. – 513 p.
14. Illarionova T. I. The system of civil law protective measures: dis. … doc. legal Sciences. – Sverdlovsk, 1985. – 471 p.
15. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M., 1961. – 381 p.
16. Karpov M. S. Civil law measures of operational impact. – M.: Statute, 2004. – 141 p.
17. Karkhalev D. N. Protective civil relationship. – M.: Statute, 2009. – 332 p.
18. Meyer D. I. Russian civil law: At 2 o’clock according to the corrected and supplemented 8th ed. 1902. Ed. 2nd, rev. – M.: Statute, 2000. – 449 p.
19. Panova A. S. Civil law essence of measures of operational impact // Law and Economics. – 2016. – No. 5. – P. 23-304.
20. Popov I. V. On the issue of refusal to perform the contract// The practice of applying general provisions on obligations: Collectionik articles / Hand. ed. count and resp. ed. M. A. Rozhkova. – M.: Statut, 2011. – S. 318-330.
21. Protasov VN Protective legal relationship – the main relationship for the legal process // Questions of the theory of protective legal relations. – Yaroslavl, 1991. – S. 10-12.
22. Pyrkh A. I. Self-defense of the rights of an entrepreneur: a comparative legal analysis of the legislation of Russia and Germany: author. dis. … cand. legal Sciences. – St. Petersburg, 2013. – 23 p.
23. Sverdlyk G., Strauning E. Methods of self-defense of civil rights and their classification // Economy and law. – 1999. – No. 1. – S. 48-52.
24. Tarkhov V. A. Protection of the property rights of workers under Soviet civil law: author. dis. … doc. legal Sciences. – M., 1966. – 31 p.
25. The theory of pre-contractual liability in the light of the reform of the Civil Code of the Russian Federation. – M.: Publication of the State Duma, 2013. – 128 p.
26. Yuzhanin N. V. Operational measures and second rights // Lex russica. – 2016. – No. 8. – P. 21-32.
27. Yuzhanin N. V. Unilateral human rights measures in the mechanism of civil law regulation: dis. … doc. legal Sciences. – M., 2017. – 512 p.
CIVIL LAW
PLEKHANOVA Olesya Igorevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute of Justice of the Baikal State University
MILITARY MORTGAGE SECTION: JUDICIAL PRACTICE EXPERIENCE
The article deals with the main problems of family legislation related to the peculiarities of military mortgages in the division of property of spouses and the protection of the interests of family members of a serviceman. The main problem is the question of whether the residential premises acquired in marriage with the use of mortgage lending in the accumulative mortgage system are divided between the spouses when dividing the property of the spouses. There is a discussion on this issue in legal science and there is no uniformity in judicial practice. After analyzing the opinions of scientists and judicial practice, it can be concluded that residential premises acquired in marriage using mortgage loans in the accumulative mortgage system of a serviceman should be recognized as joint property of spouses, including in order to protect the interests of family members of a serviceman.
Keywords: military mortgage, division of property of spouses, divorce, spouse, child, property rights of children, family members, serviceman, housing.
References
1. Maksimovich L. B. Transactions involving spouses // Transactions in civil and family law, forms of protection of the rights and interests of participants in transactions: Sat. Art. / Ed. T. E. Abova. M.: Prospekt, 2018. S. 80-88.
2. Tagaeva S. N. Influence of state policy aimed at improving housing conditions, on the property relations of spouses // Family and housing law. 2022. No. 3. P. 16-19.
3. Gaidin D. Division of housing with former spouses: analysis of complex cases involving housing acquired through the savings and mortgage system // Housing Law. 2021. No. 3. P. 49-58.
4. Kuspanova O. V. Problematic issues of the implementation of rights and obligations with the participation of military personnel in the accumulative mortgage system of housing provision // Law in the Armed Forces – Military Legal Review. 2019. No. 5 (262). pp. 63-66.
5. Svininykh E. A. The legal fate of debt under targeted housing loan agreements and mortgage loans (loans) in the event of divorce by a participant in the accumulative mortgage system of housing provision for military personnel // Law in the Armed Forces – Military Legal Review. 2019. No. 5 (262). pp. 70-79.
6. Minnikes I. A. Individual legal acts (to the problem of individual legal regulation) // Izvestiya IGEA. 2006. No. 5 (50). pp. 59-62.
7. Minnikes I. A. The concept of legal personification (to the problem of individual legal regulation) // Izvestiya IGEA. 2006. No. 6. P. 42-45.
8. Vinichenko Yu. V. To the question of reasonableness in the context of the problem of individual legal regulation // Izvestiya IGEA. 2011. No. 6. (80). pp. 175-178.
CIVIL LAW
POTAPOVA Larisa Vitaljevna
Ph.D. in historical sciences, associate professor, associate professor of Civil law disciplines Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, adviser of justice
DRYN Nikita Vyacheslavovich
student of the Faculty of Law of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
JOINT WILL OF SPOUSES: INTERNATIONAL EXPERIENCE
The article analyzes the institution of joint will of spouses. The authors consider the experience of regulating this institution by foreign states and highlight similar and distinctive features in comparison with the Russian Federation. Based on international experience, the authors identify a number of proposals that could positively affect the improvement of this institution in Russian legislation.
Keywords: Inheritance law, novels, joint will of spouses, international experience.
References
1. Krasheninnikov P. V. Inheritance law. 3rd ed. – M.: Statute, 2018. – 288 p.
2. Legal regulation of inheritance relations in Russia, France and Germany: dissertation abstract for the degree of candidate of legal sciences: specialty 12.00.03 / Hajiyev Adil Afgan oglu; [RUDN University]. – Moscow, 2021. – 26 p.
3. 3浅析共同遗嘱 – [Electronic resource]. – Mode of access: https://www.allbrightlaw.com/CN/10475/f289a2496a1d1a8e.aspx (accessed 10.06.2023).
4. 4.民法(明治二十九年法律第八十九号). – [Electronic resource]. – Mode of access: https://elaws.e-gov.go.jp/document?lawid=129AC0000000089 (accessed 10/06/2023).
5. 대한민국 민법. – [Electronic resource]. – Access mode: https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EB%AF%BC%EB%B2%95 (date of access: 06/10/2023).
6. Joint Wills for Couples: What you need to know about mirror wills and mutual wills. – [Electronic resource]. – Mode of access: https://www.thelawsuperstore.co.uk/wills-probate/help-and-advice/joint-wills-couples-mutual-wills-mirror-wills (Accessed 02/05/2023).
7. The case against joint wills for married couples. – [Electronic resource]. – Access Mode: https://www.legalzoom.com/articles/the-case-against-joint-wills-for-married-couples#:~:text=A%20joint%20will%20is%20one,goes%20to %20the%20surviving%20spouse (Accessed 10/06/2023).
8. Joint Wills and Mirror Wills – what’s the difference? – [Electronic resource]. – Mode of access: https://www.willed.com.au/guides/joint-wills-and-mirror-wills-whats-the-difference/ (accessed 11.06.2023).
9. Deryusheva OI On the legal nature of the joint will of the spouses // Legal paradigm. – 2022. – V. 21. No. 1. – S. 110-114. – DOI 10.15688/lc.jvolsu.2022.1.15.
CIVIL LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution «Research Institute of the Federal Penitentiary Service
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
ON THE ISSUE OF THE POSSIBILITY OF EMPLOYMENT OF CONVICTS IN THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The paper considers the issues of introducing public-private partnership mechanisms in to the activities of the penal enforcement system of the Russian Federation in order to ensure the social and labor adaptation of convicts to imprisonment and the effective development of the production sector in the system. The study of this topic will allow solving issues related to the preservation and development of their own production, improving the financial and economic condition of institutions of the penitentiary system of the Russian Federation, increasing the employment of convicts.
Keywords: law, production, re-socialization, employment of convicts, penal enforcement system.
References
1. Radchenko E. P., Olenev M. G. Instruments of public-private partnership in the penitentiary system of Russia // Bulletin of the public research laboratory “Interaction of the penitentiary system with civil society institutions: historical, legal and theoretical and methodological aspects.” – 2019. – No. 14. – P. 131-136.
2. Deryabina M. Public-private partnership: theory and practice // Questions of Economics. – 2008. – No. 8. – P. 61-77.
3. Sedykh V. A., Avdeev V. V., Rodionov A. V., Skiba A. P. Some issues of legal regulation of employment of convicts sentenced to forced labor within the framework of public-private partnership in the production sector of the penitentiary system of the Russian Federation / / Vedomosti penitentiary system. – 2020. – No. 10 (221). – P. 53-61.
4. Federal Law No. 420 dated December 7, 2011 “On Amendmentsto the Criminal Code of the Russian Federation and certain legislative acts of the Russian Federation” // SPS ConsultantPlus.
5. Law of the Russian Federation of July 21, 1993 No. 5473-1 (as amended on December 29, 2022) “On institutions and bodies of the penitentiary system of the Russian Federation” // ATP ConsultantPlus.
6. Order of the Ministry of Justice of the Russian Federation of April 1, 2008 No. 80 “On Approval of the Model Regulations on the Center for Labor Adaptation of Convicts or the Training and Production (Labor) Workshop of an Institution Executing Criminal Punishments in the Form of Deprivation of Liberty, and the Model Regulations on the Medical and Industrial (Labor) Workshop institution executing criminal sentences in the form of deprivation of liberty” (Registered in the Ministry of Justice of the Russian Federation on 09.04.2008 No. 11495) // SPS ConsultantPlus.
7. Vdovina A. N. Organization of control over the financial condition of the centers of labor adaptation of convicted institutions of the penitentiary system of the Russian Federation // Eurasian legal journal. – 2023. – No. 2 (177). – S. 438-439.
8. Public-Private Partnership Market in Russia: Problems and Development Prospects (Research). [Electronic resource]. – Access mode: https://iptg.ru/upload/iblock/5a5/5a5d4440ca6eec9837c16003dc2f69c2.pdf (date of access: 07/01/2023).
9. Gryaznov S. A. The role of public-private partnership in improving the efficiency of the production sector of penitentiary institutions // Scientific journal “Business and Society”. – 2023. – No. 1 (37). [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?id=50445019&ysclid=lkqk49bcv0449269183 (date of access: 07/01/2023).
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
THE ABILITY TO DEFINE AN INFORMATION MODEL OF A CONSTRUCTION OBJECT (BIM) AS A COMPOSITE OR COMPLEX OBJECT OF INTELLECTUAL RIGHTS
In the article, the authors attempt to define the information model of a construction object (BIM) as a composite or complex object of intellectual rights. Information modeling of construction objects is currently a promising modern technology that allows you to transfer construction processes to a qualitatively new level. Based on the identified characteristics of the information model of the construction object, an attempt is made to find out whether it is possible to define the information model of the construction object as a composite or complex object of intellectual rights. The authors conclude that in case of recognition of a complex object of intellectual rights, amendments to Article 1240 of the Civil Code of the Russian Federation are required; the design of such a composite object as a database is not suitable for all information models of construction projects. The authors see the solution of the problem in the formulation of completely new objects of civil rights. Digital things, digital doubles, seem to be the most promising in this regard.
Keywords: building information model, BIM, database, complex object of intellectual rights, results of intellectual activity.
References
1. Stepanenko O., Cherdakova L., Tatarnikov V. Legal protection of BIM products // IOP Conference Series: Materials Science and Engineering: New Technologies and Special-Purpose Development Priorities, Irkutsk, April 25, 2019. Vol. 667. – Irkutsk: Institute of Physics Publishing, 2019. – P. 012099. – DOI 10.1088/1757-899X/667/1/012099. – EDN VMQPZN.
2. Yalilov A.D. Features of civil law regulation of relations in the field of design and construction using information modeling technology (BIM). – Text: electronic // Actual problems of Russian law. – 2022. – No. 11. [Electronic resource]. – Access mode: http://www.consultant/main/statia/ru (date of access: 06/23/2023).
CIVIL LAW
YASTREMSKIY Ivan Anatolievich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
LEGAL SIGNIFICANCE OF THE CLAIM PROCEDURE FOR SETTLING A DISPUTE UNDER CONTRACTS FOR THE PROVISION OF MEDICAL SERVICES IN THE FIELD OF PLASTIC SURGERY
This article is dedicated to the study of the legal significance of the claim procedure for setting a dispute under contracts for the provision of medical services in the field of plastic surgery. The article discusses the features of the contract, the responsibility of the parties, possible disputes and ways to resolve them. It also describes the role of the claim procedure in the litigation and recommendations for persons providing medical services in this area. The results of the study emphasize the importance of the correct execution of contracts and the application of the claim procedure to resolve disputes and reduce the risk of litigation. Further study of the topic may contribute to a deeper understanding of the legal aspects of the provision of medical services in the field of plastic surgery and improve the quality of services provided. In addition, it is important to take into account the regulations, standards and requirements that exist in the field of plastic surgery. Lack of due care, improper application of methods and technologies, as well as inconsistency in the qualifications of medical personnel can lead to undesirable consequences and disputes. Further research may be directed at studying real cases of disputes between patients and medical institutions providing services in the field of plastic surgery. An analysis of the practice of applying the claim procedure and its effectiveness in resolving disputes in this area can also be carried out. In general, given the importance of providing quality medical services and the need to protect the rights of patients, the study of legal aspects in the field of plastic surgery is a relevant and important topic for further research.
Keywords: plastic surgery, medical services, contract, claim procedure, disputes, legal aspects, protection of patients’ rights, liability, medical errors, regulations.
References
1. Sargsyan A. M. Basic principles of legislative regulation of the legal status of a doctor // Law and Economics. – 2018. – No. 6. – P. 12-15.
2. Stepanova E. A. Protecting the rights of patients in medical disputes. – M .: Yurayt Publishing House, 2017. – 192 p.
CIVIL LAW
AIDANOV Semen Dinarovich
master of Law, postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
STATE SUPPORT OF SOCIAL ENTREPRENEURSHIP IN THE RUSSIAN FEDERATION
In this article, the author analyzes law enforcement practice, as well as social relations arising in connection with the implementation of socially oriented entrepreneurial activity, in particular in the subjects of the Russian Federation. The author suggests and substantiates various necessary support measures aimed at the development of social entrepreneurship in the Russian Federation
Keywords: civil law, business law, support measures, social activities, social entrepreneurship.
References
1. Plyukhina A. A., Umnov V. A. Analysis of foreign experience of state support of social entrepreneurship // Public Administration. Electronic Bulletin. – 2018. – No. 71. – P. 150
2. Kulkova V. Yu. Implementation of state support for social entrepreneurship in the development of social services in the Russian Federation in regional practices // Management Issues. – 2021. – No. 2 (69). – S. 93.
3. Fedorova I. V. Social entrepreneurship: the evolution of the concept and the formation of approaches // Issues of Russian justice. – 2020. – No. 19. [Electronic resource]. – Access mode: http://injust-journal.ru/wp-content/uploads/2020/05/12.00.00.(Date of access: 06/20/2023).
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
MAVRITSIN Egor Evgenjevich
student of the Institute of training of public servants of the Academy of the FPS of Russia
THE PROBLEM OF CONTRACTUAL RELATIONS IN INVESTMENT ACTIVITY
The article deals with the problem of contractual relations in investment activities related to the lack of development of terms of such an agreement in Russian legislation and the drafting of standard transparent contracts to regulate this issue. Attracting investments, including foreign ones, in the modern period of time is not so much problematic due to political and economic sanctions, but because of the effective structure and legislative regulation of this issue. The authors conduct a study of the norms of legislation regulating investment activity in the Russian Federation. At the same time, the ways of solving the existing problems when concluding investment contracts are given.
Keywords: civil legislation, investment activity, investment contract, problem, legal regulation.
References
1. On investment contracts and investment agreements. [Electronic resource]. – Access mode: https://vitvt.com/articles/investitsionnyy_kontraktpravovayakvalifikatsiyaisudebnaya. (date of access: 11.06.2023).
2. Ananyeva E. O., Ivliev P. V. To the question of the development of leasing in modern Russia // Law and Law. – 2022. – № 2. – S. 96-98.
3. Mingazova A. M. Features of contractual regulation of investment activity. [Electronic resource]. – Access mode: Users/Admin/Downloads/osobennosti-dogovornogo-regulirovaniya-investitsionnoy-deyatelnosti.pdf (date of access: 06/11/2023).
4. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 1039/13 dated July 2, 2013 in case No. A51-11274/2012. [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=355047#mMgjygT4kJLknB441 (date of access: 06/11/2023).
5. Fox VN Investment law. Ministry of Education and Science of the Russian Federation. Novosibirsk national research state un-t. – Novosibirsk, 2015. – S. 49-52.
CIVIL LAW
GLAZACHEV Dmitriy Igorevich
postgraduate student of Legal support of economic activity sub-faculty of the Samara State University of Economics
PUBLIC-PRIVATE PARTNERSHIP AGREEMENT AND LIFE CYCLE CONTRACTS: SIMILARITIES AND DIFFERENCES OF LEGAL NATURE
The article examines the legal nature of the life cycle contract as a form of private investment in projects implemented by the state in order to create a civil infrastructure for social purposes, and its distinctive features in comparison with the classical form of investment – an agreement on public-private (municipal-private) partnership. Understanding the similarities and differences of the legal nature of both institutions makes it possible at the applied level to correctly choose the most preferred form, depending on specific circumstances.
Keywords: contract, contractual obligations, public-private partnership, public procurement.
References
1. Frolovsky N. G. Normative regulation of public-private partnership in the Russian Federation // Lawyer. – 2022. – No. 8. – P. 9-14.
2. Smyshlyaev A. V. Forms of project implementation in the sphere of public private partnership: legal aspect // Lawyer. – 2022. – No. 11. – P. 47-53.
3. Dimitriev R. S. On the definition of the concept of “life cycle contract” in Russian legislation // Journal of Russian law. – 2021. – No. 1. – P. 157-169.
CIVIL LAW
DEREVYANKO Olga Viktorovna
postgraduate student of Civil law sub-faculty of the Faculty of Law of the A. I. Herzen Russian State Pedagogical University
THE INSTITUTION OF DIVORCE. COMPARATIVE LEGAL ANALYSIS
The author of the article explored the characteristics of divorce in modern legal families. The article examines the aspects of divorce in various types of families, such as Romano-Germanic families (like Russia), Anglo-Saxon (such as Great Britain and the USA), mixed families (like Norway and Sweden in Scandinavia), religious families (as seen in Muslim countries), and Far Eastern families (like China and Japan). The legislative regulations regarding divorce in these countries are analyzed.
Keywords: marital and family relations, termination of marriage, dissolution of marriage, spouses, legal families of the present, comparative legal research.
References
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ // SZ RF. – 1994. – No. 32. – Art. 3301.
2. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ // SZ RF. – 1996. – No. 1. – Art. 16.
3. Dotsenko A. A. Institute of divorce in Russia // Scientific journal “Epomen”. – № 47. – 2020.
4. Dubrovskaya TV Conclusion and dissolution of marriage in modern Russia: some features of legal regulation // Legal state: theory and practice. – 2018. – No. 4. – P. 118-123.
5. Ovchinnikova A. L. Termination of marriage: a comparative analysis of the legislation of the Russian Federation and Japan / A. L. Ovchinnikova. — Text: direct // Young scientist. – 2019. – No. 25 (263). – S. 329-332. [Electronic resource]. – Access mode: https://moluch.ru/archive/263/60910/ (date of access: 05/15/2023).
6. Features of the divorce process in the United States. [Electronic resource]. – Access mode: https://bizblog.rusrek.com/blogs/post/osobennosti-brakorazvodnogo-processa-v-ssha.html (date of access: 05/14/2023).
7. Law of Northern Europe. [Electronic resource]. – Access mode: http://www.bfrz.ru/data/images/2015/SMI_RZ_2015/pravo/soot_pravo_2.pdf (date of access: 05/14/2023).
8. Divorce in China: laws, procedure, division of property and maintenance of children. [Electronic resource]. – Access mode: https://razvod.ru/procedura-razvoda/usloviya-rastorzheniya-braka-v-kitae/ (date of access: 05/14/2023).
9. Divorce in Muslim states. [Electronic resource]. – Access mode: https://azan.ru/maqalat/read/voprosyi-svyazannyie-s-talakom-11097 (date of access: 05/14/2023)
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
VEDENKINA Tatyana Pavlovna
magister student of the Samara State University of Economics
ON THE NATURE OF CORPORATE RESPONSIBILITY
The article examines the issues of the legal nature of corporate liability in civil law. Despite the presence of a significant number of publications on this subject,the question of the independent nature of this type of civil liability remains open. The article discusses current trends in the development of corporate relations and legislative provisions in terms of the responsibility of their subjects.
The authors of the article come to the conclusion that the theoretical concept that legal liability in the field of corporate relations is an independent type of civil liability seems to be quite reasonable and logical.
Keywords: civil liability, corporation, corporate liability, corporate relations, relative legal relations.
References
1. Gutnikov O. V. Corporate responsibility in civil law: monograph. – M.: IZiSP, KONTRAKT, 2019. – 488 p.
2. Dzutseva D. M., Kabaloeva A. T. Features of corporate responsibility // Humanitarian and legal research. – 2017. – No. 1. – C. 156-161. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-korporativnoy-otvetstvennosti (date of access: 05/25/2023).
3. Molotnikov AE Responsibility in joint-stock companies. – M., 2006. – 240 p.
4. Nikolaeva A. A., Krivenkova A. A. Civil liability of commercial corporations as a type of legal liability // Scientific news. – 2022. – No. 27. – P. 265-267. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/grazhdansko-pravovaya-otvetstvennost-kommercheskih-korporatsiy-kak-vid-yuridicheskoy-otvetstvennosti/viewer (date of access: 05/18/2023)
5. Sinitsyn S. A. Tort liability in corporate law // Journal of Russian law. – 2019. – No. 10. – P. 54-68.
6. Shitkina I. S. Corporate law: training course: in 2 volumes / E. G. Afanasyeva, V. A. Vaypan, A. V. Gabov et al.; resp. ed. I. S. Shitkina. – M.: Statut, 2018. – Vol. 2. – 990 p.
CIVIL LAW
DZHALILOV Fuad Igbal ogly
postgraduate student of the P. A. Stolypin International Institute of Informatization and Public Administration
PROTECTION OF THE RIGHTS OF A BONA FIDE ACQUIRER REGARDING THE APPLICATION OF ARTICLE 174.1 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
This article analyzes certain aspects of Article 174.1 of the Civil Code of the Russian Federation on the legal consequences of making deals in violation of the prohibition or restriction of the disposal of property in connection with the right to protection of a bona fide buyer . It is shown that for improving legal relations, there is an urgent need to create a document, which includes deals with property that are prohibited or restricted by law. Also, the characteristics of a bona fide purchaser as defined by judicial practice are revealed. The author also suggests ways to solve the legal gap in the legislation in six ways.
Keywords: bona fide, property, invalidity of legal transaction, property restrictions, risk.
References
1. Sklovsky K. I. The deal and its action (2nd ed.). Commentary on Chapter 9 of the Civil Code of the Russian Federation (concept, types and form of transactions. Invalidity of transactions). M.: Statut, 2015.)
2. Gutnikov O. V. et al. Civil law: textbook / Ed. O. N. Sadikova. M.: CONTRACT : INFRA-M, 2006.
CIVIL LAW
ZHILTSOV Konstantin Alexeevich
postgraduate student of Civil law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
LOSS OF CHANCE IN MEDICAL MALPRACTICE IN GERMAN TORT LAW
This article addresses the issue of medical malpractice torts in German legal doctrine and judicial practice, in particular, the applicability of loss of chance doctrine and feasibility of proportional liability and damages calculated per patient’s lost chances of achieving full recovery.
Keywords: tort law, medical malpractice, loss of chance, proportional liability, causality in tort law.
Bibliographic list
1. Mikhailov V. S. The concept of actual causality and some problems of its application. // VGP. 2018. No. 3. S. 7, 29.
2. Baibak VV Loss of a chance as a type of contractual damages // Bulletin of economic justice of the Russian Federation. 2015. No. 5. P. 63-73.
3. Davtyan A. G., German civil procedural law. Monograph. M., 2000. P. 100.
4. Dondokov A. I. Doctrine of Loss of Chance in English law // Law. 2013. No. 7. P. 150-155.
5. Kozlov I. A. Doctrine of loss of chance: a general description of the concept based on a review of model cases // International Law Journal. 2021. V. 4. No. 5. P. 151-156.
6. Antoci A., Maccioni A. F., Galeotti M., Russu P. Defensive medicine, liability insurance and malpractice litigation in an evolutionary model // Nonlinear Analysis: Real World Applications. 2019. No. 47. Pp. 414-435.
7. Barnes D. W. Statistics as proofs: fundamentals of quantitative evidence. Little Brown & Co., 1983.
8. Bydlinski F. Probleme der Schadensverursachung nach deutschem und österreichischem. Recht, 1964.
9. Carbonneau T. E. The principles of medical and psychiatric liability in French law // International and Comparative Law Quarterly. 1980. No. 29 (4).
10. Ellis L. R. Loss of chance as technique: toeing the line at fifty percent // 72 Texas Law Review. 1993. No. 369. P. 376-77.
11. Feess E. Malpractice liability, technology choice and negative defensive medicine // The European Journal of Health Economics. 2011. No. 13 (2). pp. 157-167.
12. Fleischer H. Schadensersatz für verlorene Chancen im Vertrags- und Deliktsrecht // Juristenzeitung. Zugleich Kölner Habilitationsvortrag, 1999.
13. Giesen D. Arzthaftungsrecht. Mohr Siebeck Verlag, 1995.
14. Graziano T. K. The “Loss of a chance” in European private law: “all or nothing” or partial compensation in cases of uncertainty of causation. Prague: Univerzita Karlowa, 2007.
15. Hanau P. Die Kausalität der pflichtwidrigkeit: eine studie zum problem d. pflichtmäßigen alternativverhaltens im bürgerl. Recht. Göttingen: Otto Schwartz Verlag, 1968.
16. Hodson J. D. Annotation, medical mapraclice.”Loss of chance” causality // 54. American Law Reports. 1987. No. 4 (10).
17. Keren-Paz T. Liability regimes, reputation loss and defensive medicine // Medical Law Review. 2010. No. 18 (3). pp. 363-388.
18. Masch G. Chance and Schaden. Heidelberg: Mohr Siebeck Verlag, 2004.
19. Müller-Stoy W. Schadensersatz fur verlorene Chancen – eine rechtsvergleichende Untersuchung. Freiburg, 1973.
20. Roxin C. Strafrecht, Allgemeiner Teil, Bd. I, 3. Aufl. C. H. Beck Verlag, 1997
21 Schneider, Egon. Beweis und Beweiswuerdigung. Munchen, 1978. P. 134.
22. Stauch M. The Law of medical negligence in England and Germany: A Comparative Analysis. Hart Publishing, 2008.
23. Weber H. Der Kausalitätsbeweis im Zivilprozeß. Tübingen: Mohr Siebeck, 1997. P. 235-239
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
TO THE QUESTION OF DOMAIN NAMES
In the article, the authors define the civil law regulation of domain names. Domain names are considered as objects of subjective rights, which most closely resemble the means of individualization. There is a lack of legal regulation, which leads to a violation of the rights of participants in legal relations. Thus, comprehensive legislative regulation is required. It seems that the most promising direction is the recognition of a domain name as a means of individualization, i.e. an object of intellectual rights, despite the fact that when Part four of the Civil Code of the Russian Federation was adopted in 2006, the legislator rejected this idea.
Keywords: domain names, domain name administrator rights, means of individualization, trademarks, cybersquatting, domain name capture.
References
1. Geyets K. V. Reverse domain name capture in Russian and foreign practice. – Text: electronic // Bulletin of economic justice of the Russian Federation. – 2022. – No. 4. [Electronic resource]. – Access mode: http://www.consultant/main/statia/ru (date of access: 06/23/2023).
2. Smooth E. I. Legal regime of a domain name in Russia and the USA: Legal regime of a domain name in Russia and the USA: dis. cand. legal Sciences: 12.00.03. – M., 2014. – 214 p.
3. Sannikova L. V., Kharitonova Yu. S. Digital assets: legal analysis: monograph. Text: electronic. [Electronic resource]. – Access mode: http://www.consultant/main/statia/ru (date of access: 06/23/2023).
CIVIL LAW
TIKHOV Sergey Mikhaylovich
master’s degree, graduated from the National Research University “High School of Economics”, branch in Saint Petersburg
TRADEMARK DILUTION. SHALL WE EXPAND THE SCOPE OF TRADEMARK HOLDERS’ RIGHTS?
In the case of “famous” trademarks, it is important to preserve their “identity” and to maintain a certain “reputation” associated with such a mark. In a numberof foreign jurisdictions, special remedies based on the doctrine of dilution are available to trademark holders to solve this problem. Despite the fact that the aforementioned problem is also relevant for the Russian market, this category is unknown in Russian law.
This article analyzes the main approaches to the doctrine of dilution in some foreign jurisdictions and examines the mechanisms of Russian law, which are enshrined in legislation or reflected in judicial practice, and which can be used by right holders for protection against “dilution”.
Keywords: intellectual property, trademarks, trademark dilution protection, well-known trademarks.
References
1. Bone R. G. Schechter’s Ideas in Historical Context and Dilution’s Rocky Road / Robert G. Bone // Santa Clara High Technology Law Journal. – 2007. – Vol. 24. – № 3.
2. Airapetov N. A. Protection of a trademark from “blurring” // Actual problems of Russian law. – 2022. – No. 10. – P. 176-182. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&ts=fKNGzlTyG7sVCZos&cacheid=EBB8A70CDB6B36D33F724D09683FF782&mode=splus&rnd=qgoaVA&base=CJI&n=145214& & dst=100019#xePGzlTCD2zFjbvr (accessed 08/01/2023).
3. Vorozhevich A. S. Border of exclusive rights to trademarks. The value of reputation (goodwill) of trademarks // Intellectual property. Industrial property. – 2019. – No. 11. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&ts=xEqQWbTMQ9dWzQ78&cacheid=10C6F4D403D5AF4CFCBFA88DC6A597C7&mode=splus&rnd=wbhKWg&base=CJI&n=12572 5# fCrQWbTeYPrsEUl41 (accessed 08/01/2023).
4. Galifanov G. G., Galifanov R. G. To the question of unfair competition and abuse of the right // IS. Industrial property. – 2018. – No. 1. – S. 17-32. – No. 2. – S. 7-22. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&cacheid=EBB8A70CDB6B36D33F724D09683FF782&mode=fullsplus&SORTTYPE=0&BASENODE=32798-20&ts=RxuE6mTj9fnC1mWV& base= CJI&n=111294&rnd=WwFMvw#6CbR6mTk3goHI3gz1 (accessed 08/01/2023).
5. Kodirov Sh. B. Misunderstanding about the concept of “well-known trademark” // Journal of the Court for Intellectual Property Rights. – June 2020. – No. 2 (28). – S. 104-116. – [Electronic resource]. – Access mode: http://ipcmagazine.ru/trademark-law/misunderstanding-the-notion-of-well-known-trademark (date of access: 07/15/2023).
6. Kozlova N. V., Vorozhevich A. S. Well-known trademarks: the concept and features of legal protection // Law. – 2015. – No. 12. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&cacheid=0CA01215E6AF254B9C5F4DC82D738347&mode=fullsplus&SORTTYPE=0&BASENODE=32798-76&ts=2hDYKgTyfXnVyzKV& base= CJI&n=95289&rnd=qgoaVA#j6SxKgTMDeXC22H11 (accessed 08/01/2023).
7. Pokrovsky I. A. Main problems of civil law. Ed. 3rd, stereotype. – M .: “Statut”, 2001. Classics of Russian civil law). – [Electronic resource]. – Access mode: https://civil.consultant.ru/elib/books/23/ (date of access: 07/24/2027).
8. Vorozhevich A. S., Grin O. S., Korneev V. A. et al. Intellectual property law: textbook / Ed. ed. L. A. Novoselova. – M.: Statut, 2018. – V. 3: Means of individualization – 276 p. – [Electronic resource]. – Access mode: http://www.consultant.ru/edu/student/download_books/book/pravo_intellektualnoj_sobstvennosti_t_3_avtorskoe_pravo (date of access: 08/01/2023).
9. Shcherbatykh V. I. Direct application of Art. 10.bis of the Paris Convention by Russian courts and antimonopoly authorities: a critical look at established practice // Competition Law. – 2021. – No. 1. – P. 17-21. – No. 2. – P. 9-14. – [Electronic resource]. – Access mode: https://cloud.consultant.ru/cloud/cgi/online.cgi?req=doc&cacheid=064F3492980016B85555DB10AF3EBD49&mode=fullsplus&SORTTYPE=0&BASENODE=32798-13&ts=RxuE6mTj9fnC1mWV& base= CJI&n=135294&rnd=WwFMvw#276F6mT0oMqHbnxm (accessed 08/01/2023).
CIVIL 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
RODYGIN Roman Alexandrovich
senior lecturer of Criminal law sub-faculty of the Ural Law Institute of the MIA of Russia
MASEYCHUK Yuriy Maratovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE QUESTION OF THE RELATIONSHIP BETWEEN THE CONCEPTS OF “PROPERTY” AND “PROPERTY RIGHT”
In the article, the authors analyzed the concepts of ownership and property rights in a retrospective way, starting from the moment of their origin and evolution in accordance with the development of human society. The relevance of the article is due to the interest of the scientific community in these terms, which, despite their basic location in civil law in general and in property relations in particular, continue to act as objects of research work in the field of civil law relations. The authors, based on the analysis and conclusions, proposed their own definition of the concept of property. The right of ownership is considered from the standpoint of civil legislation and through the prism of its relationship with the concept of property itself.
Keywords: property, property right, intellectual property, right of ownership, right of disposal, right of use, property relations.
References
1. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on July 24, 2023) // ConsultantPlus SPS (accessed on June 29, 2023).
2. Tarkhov V. A., Rybakov V. A. Ownership and right of ownership. 3rd ed., add. – M., 2007. – S. 6.
3. Alekseev S. S., Vasiliev A. S., Golofaev V. V. et al. Commentary on the Civil Code of the Russian Federation (educational and practical). Parts one, two, three, four (item-by-article) / Ed. S. A. Stepanova. 2nd ed., revised. and additional – M.; Yekaterinburg, 2009.
CIVIL LAW
CHEPURKO Artem Vadimovich
master’s degree in law, postgraduate student of the direction “5.1.3. Private law (civilistic) sciences» of the P. A. Stolypin International Institute of Informatization and Public Administration
ABOUT CERTAIN SPECIFICS ASPECTS OF PARTICULAR UNNAMED MEANS OF ENSURING THE FULFILMENT OF OBLIGATIONS IN THE CIVIL LEGISLATION OF RUSSIAN FEDERATION
This article analyzes the law enforcement practice, as well as the legal literature in relation to the settlement of disputes, in which there are means of ensuring the fulfillment of obligations, which are unnamed Russian civil legislation. In particular, such a contractual instrument as “guarantee retention”, which is most often used in connection with the implementation of building contracts, is being researched. The conclusion about the need to give a legal definition of “guarantee retention” has been formulated, as well as a possible formulation has been proposed.
Keywords: civil law, commercial law, arbitration process, obligations, fulfillment of obligations, guarantee retention.
References
1. Akinfeeva V. V. Security deposit as a way to ensure the fulfillment of obligations in Russian civil law // Golubtsov V. G. (scientific ed.). Monograph. – Moscow: Statute, 2019. – P. 168.
2. Anokhin V. S. Abuse of law in arbitration proceedings: theory and judicial practice. // Voronezh. Bulletin of the Voronezh State University. – 2009. – № 2. – P. 96-118.
3. Bogacheva T. V. Application of a security deposit in obligations from a contract agreement: theoretical and practical aspects. Monograph. – Moscow: Actual problems of Russian law, 2021. – P. 11.
4. Truba A. N. Subjective right of retention and the limits of its implementation: dis. // Komissarova E. G. (scientific adviser). // Tyumen. Federal Agency for Education. – 2006. – S. 203.
5. Yakovlev VV Legal systems in modern society. Monograph. – Moscow: Book Laboratory, 2010. – P. 78.
CIVIL LAW
YUKHTANOVA Anastasia Sergeevna
magister student of the O. E. Kutafin Moscow State Law University (MSAL)
OVERCOMING THE MECHANISM OF SUBORDINATION OF CLAIMS IN BANKRUPTCY BY AFFILIATED PERSONS OF THE DEBTOR
The article deals with the mechanism of subordination of claims of persons affiliated with the debtor and cases of its overcoming developed by judicial practice. The author considers subordination in general as a legal institute in bankruptcy, the reasons for its emergence and regulation.
The article analyzes individual cases of refusal to reclassify the creditor’s claims as corporate claims, as well as the non-application of the subordination mechanism to claims arising from affiliated persons against the debtor, in particular, under the loan agreement.
The author proposes criteria for recognizing a loan granted by an affiliate as an ordinary civil law transaction and for including the debt in the third priority of the creditor’s claims register.
Keywords: bankruptcy, affiliated persons, subordination, creditors’ claims, compension financing, bankruptcy creditor, register of creditors’ claims, loan agreement
References
1. Rodina N. V. Subordination of creditors’ claims in the process of insolvency (bankruptcy) of legal entities: monograph. – M., Yustitsinform, 2023. – 89 p.
2. Fedotov DV On the issue of subordination of the claims of affiliated creditors in bankruptcy // Economic justice in the Ural district. – 2018. – No. 4. – P. 203-213.
3. Shaydullin A. I. Subordination of liability claims controlling the debtor and its affiliates in cases of bankruptcy of business entities: dis. … cand. legal Sciences. – M., 2022. – 251 p.
CIVIL LAW
YASTREMSKIY Ivan Anatolievich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
THE JURISDICTION IN CIVIL CASES ARISING FROM CONTRACTS FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE FIELD OF PLASTIC SURGERY
In order to protect violated or disputed rights during the provision of medical services in the field of plastic surgery patients have the right to sue. The medical cases are object of the jurisdiction of the district court. The patients can use the rules of alternative jurisdiction: to state a claim both at the legal address of the medical organization, and at the place of residence. The possibility of choosing a court to claim is an important institution which provides an additional guarantee of judicial protection for patients who have been harmed.
Keywords: jurisdiction, civil law, contracts, medical services, plastic surgery, civil law transactions, clinic, medical organization, patient, medicine, provision of paid services.
References
1. Barbashin M. Yu. Social properties of institutions // Sotsis. – 2018. – No. 2. – P. 25-34.
2. Vysotskaya L. V. Medical organization as a contractor in the contract for the provision of paid medical services // Territory of science. – 2013. – № 3.
3. Zhamkova O. E. Legal regulation of the provision of medical services under the legislation of the Russian Federation: Diss. … cand. legal Sciences. – M., 2007. – P. 125.
4. Kolyada E. V., Leshchenko V. A., Kartashev V. N., Perfilyev A. A., Shcherbina N. N. Analysis of the current legislation on the provision of paid medical services by medical organizations // Baikal Medical Journal. – 2014. – № 2. – P. 137-142.
5. Plotnikova A. V. The concept and legal characteristics of the contract for the provision of medical services // Concept. – 2019. – No. 1 (January).
6. Startsev A. M. The contract for the provision of medical services for compensation: the rights of the patient and the corresponding obligations of the performer // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 6.
CIVIL PROCESS
AVDEEVA Yana Viktorovna
chairman of the judiciary, retired judge of the Arbitration Court of the Tyumen Region
PROBLEMS ON THE WAY OF DEVELOPMENT OF THE INSTITUTION OF RECONCILIATION OF THE PARTIES IN THE COURT JUSTICE ON THE EXAMPLE OF A CONFLICT OF LEGAL NORMS
This article aims to illustrate a situation in which the presence of a contradiction in a specific legal norm enshrined in the Tax Code of the Russian Federation, hints the development of such a promising direction in the evolution of justice (in the context of a special type of state activity in the general mechanism of law enforcement) as the widespread introduction of various methods of peaceful settlement of disputes.
Keywords: justice, basis and procedure for the return of the state fee, the institution of reconciliation of the parties, the effectiveness of legal proceedings, the reduction of conflict in society.
References
1. Poluyaktov A. Reconciliation of the parties in arbitration and civil proceedings // Arbiter. and civil process. – 2006. – № 5. – S. 6.
2. Kuznetsov P. Settlement agreement in substantive law // Volotovsky.rf. 2022. – No. b / n. [Electronic resource]. – Access mode: https://xn--b1aasedeuba5ai.xn--p1ai/blog/mirovoe-soglashenie-v-materialnom-prave. (date of access: 10.07.2023).
3. Tax Code of the Russian Federation (Part One): dated July 31, 1998 No. 146-FZ (as amended on July 14, 2023) // Collection of Legislation of the Russian Federation – 1998. – No. 31. – Art. 3824.
4. Federal Law No. 198-FZ of July 26, 2019 (as amended on July 26, 2019) “On Amendments to Article 333.40 of Part Two of the Tax Code of the Russian Federation in Connection with the Improvement of Conciliation Procedures” // Collected Legislation of the Russian Federation – 2019. – No. 30. – Art. 4100.
5. Arbitration Procedure Code of the Russian Federation: dated 2407.2002 No. 95-Federal Law (as amended on April 21, 2023) // Collection of Legislation of the Russian Federation. – 2002. – No. 30. – Art. 3012.
CIVIL PROCESS
ERMAKOVA Elena Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SERGEEV Roman Borisovich
postgraduate student of Civil law and process and international private law of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
DEVELOPMENT OF DIGITALIZATION OF CIVIL LAW IN THE MODERN WORLD
The article is dedicated to the theoretical and practical aspects of the process of digitalization of the sphere of civil law in the global aspect. It analyzes the key problems and directions of digitalization of the sphere of civil law. It is revealed that the intrusion of public authorities into the process of private relations and the mechanism of their implementation acts as ineffective legal actions.
Keywords: civil law, digital transformation, digitalization, legal relations.
References
1. Kartskhiya A. A. Digital transformation of law // Law enforcement monitoring. – 2019. – No. 2 (43). – P. 25-29.
2. Konobeevskaya I. M. Development of the concept of digital rights in Russian civil law // Legal Science. – 2020. – No. 2. – S. 70-74.
3. Poryvaeva O. V. Some aspects of the impact of digitalization on civil law // Russian Journal of Law. – 2020. – No. 3. – P. 60-62.
4. Kupchina E. V. Digital evidence in international commercial arbitration on intellectual disputes // Eurasian Law Journal. – 2022. – No. 10 (173). – S. 56-58. – EDN KKYRFJ.
CIVIL PROCESS
KOTOV Ivan Andreevich
postgraduate student of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Russian University of Peoples’ Friendship
BASHILOV Boris Igorevich
Ph.D. of Law, senior lecturer of Civil law and process and international private law sub-faculty of the Institute of Law of the Patrice Lumumba Russian University of Peoples’ Friendship
RECOVERY OF COURT PENALTIES AGAINST PUBLIC ENTITIES
This article discusses the problem of recovery of judicial penalty (astrenth) from state authorities, local self-government and officials for failure to implement a judicial decision on the basis of legal positions of the Supreme Court of the Russian Federation. The authors draw conclusions about the possibility of recovery of court penalties from public legal entities only in cases considered by chapter 24 of the Arbitration Procedural Code of the Russian Federation.
Keywords: judicial penalty, astrenth, coercive measure, public body, execution of the judicial act.
References
1. Godeme E. General theory of obligations / Per. from French ed. I. B. Novitsky. – M.: Yurid. Publishing House of the Ministry of Justice of the USSR, 1948. – 511 p.
2. Danilenkov A.V. Judicial forfeit (astrent) and other public-private methods of enforcement of a court decision // ATP ConsultantPlus.
3. Krasnova S. A. Overcompensatory protection in Russian civil law: forms and limits // Bulletin of economic justice of the Russian Federation. – 2020. – No. 1. – P. 68-110 // SPS ConsultantPlus.
4. Popov S. A. Legal consciousness of participants in enforcement proceedings // Problems of economics and legal practice. – 2015. – № 4. – S. 17-20.
5. UNIDROIT Principles of International Commercial Contracts 2010, Art. 7.2.4. – M.: Statut, 2013. – S. 474.
6. Solovyov A. A. Consideration in the administrative process of claims for compensation for harm: foreign experience // Administrative and municipal law. – 2016. – No. 4. – P. 343-347.
7. Christian Di Mauro, Christelle Coslin. New Italian rules governing financial sanctions for the enforcement of judgments: Similarities and differences with the legal regime in France. // Paris International Judicial Bulletin. [Electronic resource]. – Access mode: http://www.sma-nn.ru/redactor/files/6621637f035b973bc4b08cd3c4bde1d6.pdf (date of access: 11/27/2022).
CIVIL PROCESS
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
ZAITSEV Viktor Vasiljevich
magister student of the 2nd course of the Patrice Lumumba Peoples’ Friendship University of Russia
COURT HEARING IN THE METAVERSE: AN ALTERNATIVE TO ONLINE HEARING OR INTERNET COURT
The rapid development of technologies, processes of digitalization of legal proceedings has a significant impact on the participants in the process and the court, as well as on legislation and the fundamental principles of justice. The main trends in the digitalization of justice are to increase its efficiency and accessibility for the parties to the dispute. The authors of the article explores an actual example of the digitalization of legal proceedings, namely the holding of a court session in the metaverse (virtual reality) by the administrative court of Magdalena (Colombia). The work establishes the legal nature of holding a court hearing in the metaverse by comparing it with an Internet court and holding a court hearing through a web conference. The need to hold a court session in the metaverse, as well as compliance with the trends of the digitalization of justice, is questioned. The article presents preliminary conclusions with a positive and negative assessment of the holding of a court session in the metaverse. The study shows the need for legislative consolidation of additional rights and obligations of participants in the process during a court session in the metaverse. As the main conclusion, it is established that holding a court session in the metaverse should be considered by analogy with holding a court hearing through a web conference (online hearing).
Keywords: court hearing in the metaverse, metaverse, Internet court, online hearing.
References
1. Rusakova E. P., Zaitsev V. V. Digitalization through the principles of legal proceedings (in civil and arbitration proceedings) // Problems of Economics and Legal Practice. 2022. No. 4. P. 105-109.
2. Kuchinskaya E. V. Metaverse as a new economy // Humanitarian scientific journal. 2022. No. 2. P. 129-131.
3. Malashenko G. T., Shestakov D. Yu. National economic security in the era of metauniverses // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2022. No. 3. P. 339-343.
4. Rusakova E. P. The impact of digitalization on civil proceedings in Russia and abroad: the experience of China, India, Singapore, the European Union, the USA, South Africa and some other countries: dis. … d.j.n. 12.00.15; 00/12/03: protected 04/22/2022: approved. 04/27/2022 / Rusakova Ekaterina Petrovna; [Place of defense: Federal State Autonomous Educational Institution of Higher Education “Peoples’ Friendship University of Russia”]. Moscow, 2022. 375 p.
5. Artemyeva Yu. A., Ermakova E. P., Kovyrshina N. A., Rusakova E. P. Methods for resolving disputes in multi-system legal orders. M.: Infotropic Media, 2017. 424 p.
6. Artemyeva Yu. A., Ermakova E. P., Ivanovskaya N. V. et al. Resolution of financial disputes in Asia-Pacific countries: (Australia, Hong Kong, India, Indonesia, China, Malaysia, New Zealand, Singapore, USA, Thailand , Japan). M.: Infotropic Media, 2019. 416 p.
7. 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. – ISBN 978-5-209-11687-5. – EDN HHQICF.
8. Vatoropin A. S., Vatoropin S. A., Teplyakov I. I., Chevtaeva N. G. Metaverse: creation prospects and social consequences // Theory and practice of social development. 2022. No. 4. P. 19-25.
9. Kleandrov M. I. Justice and justice: Monograph. Moscow: Institute of State and Law RAS, 2021. 392 p.
10. Kozhokar I. P. Innovations and innovative activity: legal aspect // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2020. V. 15. No. 3. S. 141-187. – DOI 10.35427/2073-4522-2020-15-3-kozhokar. – EDN PGMOLX.
11. Kuznetsov M. N. Digital agenda of European countries // Eurasian legal journal. 2020. No. 11 (150). C. 41-44.
12. Mamychev A. Yu., Miroshnichenko O. I. Modeling the future of law: problems and contradictions of legal policy in the field of regulatory regulation of artificial intelligence systems and robotic technologies // Legal Policy and Legal Life, 2019. No. 2. P. 125-133 .
13. Rusakova E. P. Integration of modern digital technologies in the legal proceedings of the People’s Republic of China and Singapore // State and Law. 2020. No. 9. P. 102-109.
14. Fedorenko S. P. Metaverse and the right to education: theoretical and legal aspect // North Caucasian legal bulletin. 2022. No. 1. P. 60-66.
15. Feldman P. Ya., Mandritsky M. Yu. The State and the Digital Metaverse: Prospects for Coexistence // Social and Humanitarian Knowledge. 2022. P. 129-135.
16. Frolova E. E. Legal regulation of green finance in China: progress and problems of development // Eurasian Law Journal. 2019. No. 7 (134). pp. 103-108. – EDN IJWVFI.
17. Yukhno A. S. Overview of trends in the development of the metaverse market // Bulletin of the Institute of Economics of the Russian Academy of Sciences. 2022. No. 6. P. 108-126.
18. Yukhno A. S., Umarov Kh. S. Prospects for the development of the metaverse: empirical observations. Upravlencheskoe konsul’tirovanie. 2022. No. 10. P. 42-53.
19. Bezbakh V. V., Frolova E. E. Augmented Reality and Civil Law Regulation of Business Relations // Smart Innovation, Systems and Technologies. 2022 Vol. 254. P. 29-37. – DOI 10.1007/978-981-16-4621-8_3. – EDN BZIEMS.
20. Ermakova E. P., Frolova E. E. Using Artificial Intelligence in Dispute Resolution // Smart Innovation, Systems and Technologies. 2022 Vol. 254. P. 131-142. – DOI 10.1007/978-981-16-4621-8_11. – EDN KRVMHR.
21. 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. – EDN JHALBY.
EMPLOYMENT LAW
BOROVCHENKOVA Viktoriya Olegovna
expert at the Center for Labor and Social Security Law of the Faculty of Law of the M. V. Lomonosov Moscow State University
EMPLOYER CONTROL THROUGH TECHNOLOGICAL TOOLS: BALANCING THE LEGITIMATE INTEREST OF THE EMPLOYER AND THE PRIVACY OF EMPLOYEES
The emergence of control through technical means is closely related to the interference in the privacy of employees and the protection of their personal data. In this regard, it is necessary to balance the interests of employers and employees in the implementation of control over the performance of the work function. In the context of employer technical control there is also no legal certainty about the way of legal registration of the process of implementation of this type of control.
Keywords: labor relations, employer control, biometric personal data, methods of exercising employer control.
References
1. Ofman E. M. Observation and control in labor relations: balance of rights and interests of workers and employers // Journal of Russian law. – 2021. – No. 11. – P. 73-87.
2. Filipova I. A. Labor law: challenges of the information society // Law. Journal of the Higher School of Economics. – 2020. – No. 2. – P. 92-105.
3. Chernyshov I. N. Electronic monitoring of productivity: opportunities and threats in the changing world of labor // Labor Economics. – 2022. – Volume 9. No. 1. – P. 23-36.
4. Kalischko T and Riedl R (2021) Electronic Performance Monitoring in the Digital Workplace: Conceptualization, Review of Effects and Moderators, and Future Research Opportunities. front. Psychol. 12:633031. doi:10.3389/fpsyg.2021.633031.
5. Ofman E. M. Transformation of the right of the employer to control the behavior of the employee in the digital economy // Yearbook of Labor Law. – No. 11. – P. 130-145.
EMPLOYMENT LAW
RAKITINA Ekaterina Vasiljevna
Ph.D. in Law, associate professor of the Hulunbuir University, Hailar, Hulunbuir, PRC
PROHIBITION OF COMPETITION IN RUSSIAN LABOR LAW
The employer’s need to prevent possible competition from the employee appeared as a result of the development of labor relations. The legislator does not directly regulate such a situation. The absence of a legal permit to prohibit competition confirms the freedom of labor and freedom of entrepreneurial activity.
The legislator provides several mechanisms at once to prevent competition from the employee, which do not directly restrict the employee’s right to freedom of work. This is the institution of trade secrets; providing an employee with paid leave of considerable duration before subsequent dismissal; labor organization that excludes an employee’s access to exhaustive “dangerous” information. However, each of these options has its drawbacks, which do not allow us to say that there is no need for special regulation of the prohibition of competition.
The key points of the institution of the prohibition of competition should be clear boundaries concerning the subjects, term, territory and scope of the ban. The prohibition of competition should apply only to the top management of the organization. In organizations pursuing public interests, the prohibition of competition should not be applied. Other conditions of the prohibition of competition should allow a certain freedom of the parties in their establishment, within the existing legislative framework.
Keywords: prohibition of competition; employee; employer; employment contract; non-competition agreement; trade secret.
References
1. Obukhova E. V. Restrictive conditions in labor contracts // Law. Journal of the Higher School of Economics. – 2016. – No. 2. – P. 27-35.
2. Zavgorodniy A. V. Agreement on non-competition with employees (foreignexperience) // Petersburg lawyer. – 2016. – No. 3. – P. 73-81.
3. Lipkovskaya VV Foreign experience in the application of the non-competition agreement // Labor law in Russia and abroad. – 2010. – № 2. – P. 41-46.
4. Chudinov O. R. Non-competition clause as a condition of an employment contract in accordance with French law // Uchenye zapiski Oryol State University. Series: Humanities and social sciences. – 2015. – No. 1 (64). – P. 275-279.
5. Savvina P. V. Agreements on the prohibition of competition in labor law: the experience of the Czech Republic and Russian reality // Labor and social relations. – 2016. – No. 3. – P. 162-172.
6. Lyutov N. L. Dismissal payments and non-competition agreements with executives // Lex Russica. – 2017. – No. 10 (131). – P. 123-130.
7. Akhmetyanov DV Agreements on non-competition: problems of theory and practice // Theoretical and applied jurisprudence. – 2022. – No. 2 (12). – P. 39-49.
EMPLOYMENT LAW
STUPNITSKY Alexander Evgenjevich
Ph.D. in Law, associate professor, associate professor of Civil and business law sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
KOSTYUCHENKO Mariya Andreevna
Ph.D. in Law, associate professor of Civil and business law sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
SIGNS OF LABOR RELATIONS: FEATURES OF APPLICATION FOR DELINEATION FROM CIVIL LAW RELATIONS
The article analyzes the signs characterizing labor relations, their division into groups is carried out depending on the sources of allocation, content, theoretical and applied directions of use. On the basis of normative legal acts, judicial practice, scientific research, the authors distinguish legal, formal, search and doctrinal signs of labor relations. Consideration of these features is carried out in the context of the problem of differentiation of labor and civil law relations.
Keywords: labor relations, civil law relations, labor contract, civil law contract, signs of labor relations.
References
1. Papysheva E.S. The problem of discrimination when labor relations are replaced by civil law // Gaps in Russian legislation. 2019. No. 5. P. 61-64.
2. Sonin O. E., Elkina A. S. Influence of the system of civil law contracts on the recognition of labor relations based on civil law contracts // Uchenye zapiski Crimean Federal University. Legal Sciences. – 2020. – V. 6 (72). No. 3. P. 105-111.
3. Big encyclopedic dictionary / Ch. ed. A. M. Prokhorov; 2nd ed., revised. and additional – Moscow: Scientific publishing house “Great Russian Encyclopedia”; St. Petersburg: Norint, 1997. – 1456 p.
4. Kuznetsov I. S. Real tax optimization. – St. Petersburg: Biont, 2017. – 240 p.
5. Kirillova P. D. Topical issues of law enforcement practice of recognizing civil law relations as labor relations // StudArctic Forum. – 2022. – V. 7. No. 3. – S. 45-51.
6. Drachuk M. A. Once again to the issue of formalizing labor relations with civil law contracts // Bulletin of the Omsk University. Series “Right”. – 2016. – No. 1 (46). P. 166-174.
FINANCIAL 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, Honored lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice
SOME ASPECTS OF TAX CONTROL IN THE SPHERE OF LEGAL RELATIONS WITH DIGITAL FINANCIAL ASSETS
The article attempts to conduct a scientific study of theoretical aspects and problems of legal implementation of legal relations in the field of tax control of transactions with digital financial assets in accordance with the provisions of Federal Law No. 259-FZ dated 07/31/2020 “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” and Federal Law No. 07/14/2022 324-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation”. Based on the analysis, the features of taxation of transactions with digital financial assets and some aspects of tax control in this area are identified. The authors have developed proposals for improving tax legal relations in the field of tax control of transactions with digital financial assets.
Keywords: tax legal relations; tax control; digital financial assets; tokens.
Reference list
1. Evsikova E. V., Staritsyn A. V. Some aspects of legal regulation of digital financial assets in the Russian Federation // Uchenye zapiski Crimean Federal University named after V. I. Vernadsky. Legal Sciences. – 2022. – T. 8 (74). – № 2. – P. 143-155.
2. Aryamov A. A., Gracheva Yu. V., Chuchaev A. I., Malikov S. V., Olkov S. G. Taxation of the turnover of digital assets // Asia-Pacific region: economics, politics, law. – 2019. – No. 1. – P. 96-129.
3. Aryamov A. A., Gracheva Yu. V., Chuchaev A. I., Malikov S. V. To the question of the legal nature of digital resources // Bulletin of the South Ural State University. Episode 6 Law. – 2019. – T. 19. No. 1. – P. 77-86.
4. Titorenko S. K. Legal regulation of taxation of income of individuals on operations with digital financial assets // Legal Research. – 2023. – No. 4. DOI: 10.25136/24097136.2023.4.40507 EDN: QTHVPH. [Electronic resource]. – Access mode: https://nbpublish.com’Hbrary_read_article.php?id=40507.
5. Aryamov A. A. Regulation of digital legal relations // Russian justice. – 2022. – No. S1. – P. 16-30.
6. Evsikova E. V., Buts S. B. Some aspects of improving the legal regulation of digital financial assets // Eurasian Law Journal. – 2022. – No. 6 (169). – P. 228-231.
7. Formation and development of branches of law in the historical and modern legal reality of Russia: In 12 volumes / O. N. Gorbunova, R. L. Khachaturov, H. V. Peshkova Belogortseva [and others]. Volume IV. – Moscow: Yurlitinform Publishing House, 2021. – 584 p.
FINANCIAL LAW
KOTIK Anastasia Olegovna
bachelor of the Far Eastern Federal University
BASENKO Denis Viktorovich
bachelor of the Far Eastern Federal University
TUROV Stepan Evgenjevich
magister student of the Far Eastern Federal University
KIRILYUK Anton Vitaljevich
magister student of the Far Eastern Federal University
VINOGRADOVA Sofya Alexeevna
magister student of the Far Eastern Federal University
CRYPTOCURRENCY: THE GOLD RUSH OF THE 21ST CENTURY
Cryptocurrencies appeared as a breakthrough technological innovation in the 21st century, capturing the global financial landscape. This article is dedicated to the phenomenon of cryptocurrencies, exploring their historical context, underlying technologies, economic consequences, regulatory issues and potential future trajectories. Drawing parallels with historical “gold rushes”, we analyze the impact of the “cryptocurrency fever” on society, exploring its similarities and differences from previous financial revolutions.
Keywords: cryptocurrency, digital gold, blockchain technology, decentralization, regulation, economic consequences, social impact, investor psychology, market dynamics, technological innovations, environmental considerations, global adaptation, cultural changes, geopolitical consequences .
References
1. Afonasova M. A. System transformation and blockchain technology in the field of public administration // Proceedings of the XXII International Scientific and Practical Conference “System Analysis in Design and Management”.
2. “What is the cryptocurrency market today and what to expect in the future.” [Electronic resource]. – Access mode: https://nicechange.net/news/rynok-kriptovaljut-perspektivy-i-razvitie-vbuducshem.html
3. What are bitcoins and is it possible to earn on them. [Electronic resource]. – Access mode: https://journal.tinkoff.ru/bitcoin/
4. Lyasnikov N. V., Burkaltseva D. D. Formation of the digital economy in Russia: problems of development of management systems // Economics and society: modern models of development. – 2019. – V. 9. No. 3 (25). – P. 28-47.
5. Pavlova I. V., Moiseev V. O., Gusarova I. A. Competitiveness of the economy as a factor of economic growth in the context of globalization. Finansovaya ekonomika. – 2019. – No. 11. – P. 373-377.
TAX LAW
SOLOVYOVA Natalya Albertovna
legal adviser, “Almaz – Antey” Air and Space Defense Corporation”, Joint Stock Company
LEGAL ANALYSIS OF ECONOMIC SANCTIONS AND ANTI-SANCTIONS MEASURES AGAINST THE RUSSIAN FEDERATION IN 2014 AND 2022
The article is devoted to the study and comparison of economic sanctions imposed on the Russian Federation by unfriendly countries in 2014 and 2022 and used by the legislator to reduce the negative impact of sanctions of anti-sanctions tax measures as tools affecting the country’s economy. An assessment of the problems that arose during the practical implementation of anti-sanction tax measures at the regional level in the Russian Federation was carried out, in connection with which an author’s solution to these problems was proposed in the form of establishing requirements at the federal level for obtaining tax benefits with the right to reduce requirements at the regional level by adopting a regulatory act taking into account the specifics of the subject of the Russian Federation and the role of the regulatory the functions of taxes under the conditions of economic sanctions.
Keywords: sanctions, anti-sanctions measures, regulatory function of taxes, taxes.
References
1. Abdulkadyrov A.S. Seven years later: a retrospective analysis of the impact of sanctions on the sectors of the national economy of Russia // Industrial Economics. – 2021. – No. 2. – P. 29.
2. Gordeeva O. V. Principles of effective tax regulation // Taxes. – 2022. – No. 1. – P. 15.
3. Derbeneva V. V. Tax measures to support the IT sector under sanctions as a condition for the innovative development of territories // Bulletin of the Academy of Knowledge. – 2022. – No. 52 (5). – P. 358.
4. Ershova E. A., Chernousova K. S. Tax holidays in Russia: opportunities and reality // Bulletin of science and education. – 2019. – No. 9-3 (63). – P. 26.
5. Zhigunova E. N. The content of tax regulation and its main instruments // Vestnik RUK. – 2014. – No. 1 (15). – P. 44.
6. Industriev M. A., Tumanyan Yu. R. Economic sanctions against Russia: benefits and costs // Vector of Economics. – 2022. – No. 4 (70).
7. Kapustin A. Ya. UN sanctions: international legal conceptualization of coercive measures // Journal of Foreign Legislation and Comparative Law. – 2018. – T. 4. – No. 6. – P. 85.
8. Kurdyukov G. I. Correlation of responsibility and sanctions in international law: doctrinal approaches // Journal of Russian law. – 2014. – No. 9. – P. 103.
9. Sinelnikov-Murylev S. G., Milogolov N. S., Belev S. G. Tax policy under sanctions // Economic development of Russia. – 2022. – T. 29. – No. 9. – P. 42.
10. Forostova M. V. Improving the methods of tax regulation of investment activities of small industrial enterprises: Abstract of the thesis. dis. cand. economy Sciences. – Chelyabinsk, 2014. – P. 25.
11. Shitova T. V., Leshkova A. I., Chebakova V. I. Legal nature of international sanctions // Epoch of Science. – 2018. – No. 16. – P. 92.
TAX LAW
BOGUSLAVSKAYA Natalya Aronovna
Ph.D. in Law, associate professor, associate professor of State and legal disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice
FEATURES OF ESTABLISHING AND INTRODUCING TAXES AND FEES IN THE FEDERAL TERRITORY “SIRIUS”
The article discusses the current provisions of tax legislation governing the features of the establishment and introduction of taxes and fees in the federal territory “Sirius”, the problem of establishing a sales tax and possible solutions to it is identified, the author proposes a classification of taxes and fees that can be established in this territory, proposed directions for improving tax legislation in relation to the federal territory “Sirius”.
Keywords: federal territory “Sirius”, federal taxes and fees, regional taxes, local taxes and fees, establishment and introduction of taxes, fees.
References
1. Vasilyeva N.V., Praskova S.V., Pyatkovskaya Yu.V. Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation // Law enforcement. – 2021. – V. 5. – No. 1. – P. 124-140.
2. Nikitina A. V., Kalenov S. E. Federal territory as a subject of civil law: problems of legal regulation // Eurasian legal journal. – 2022. – No. 10 (173). – P. 216-218.
3. Kolosov N. V. Budget powers of public authorities of the federal territory “Sirius” // Transformation of public power in the new constitutional cycle: materials of the international scientific and practical conference, Irkutsk, September 23, 2021 / Ed. ed. E. M. Yakimova, S. N. Slobodchikova. – Irkutsk: Ed. BSU house. – P. 35-38.
4. Maiboroda V. A. Features of regulation of urban planning activities in the federal territory “Sirius” // Theoretical and applied jurisprudence. – 2021. – No. 4 (10). – P. 15-20.
5. Pichkanin V. Ya. Federal territory in the Russian Federation as a new element in the system of tax federalism // Taxes and financial law. – 2023. – No. 2. – P. 147-152.
TAX LAW
SERGEEVA Kseniya Alekseevna
student of the Law School of the Far EasternFederal University
PONOMAREV Oleg Vladimirovich
senior lecturer of Constitutional and administrative law sub-faculty of the Far Eastern Federal University
TAXATION OF TRANSACTIONS WITH DIGITAL ROUBLE: INTEGRATION OF THE LATEST TECHNOLOGIES INTO TAX REGULATION AND TAX CONTROL
Digitalisation, which penetrates daily into all spheres of society, creates the need to introduce new institutions and technologies into the regulatory and legal system. In this paper, the authors will consider the implementation of recent innovations in the aspect of tax regulation from the point of view of the changes proposed by the initiators of the draft law No. 384598-8. The concept of “digital ruble” in relation to other forms of money existing in the Russian Federation is analyzed. The conclusion is made about the large-scale nature of the occurred and necessary changes in tax legislation.
Keywords: digital ruble, taxation, digitalisation, Bank of Russia, digital ruble platform operator.
References
1. Sarnakova A. V., Zhizhin N. S. Questions of correlation of non-cash funds, electronic money and digital ruble // Lawyer. – 2022. – No. 5. – P. 26-33.
2. Khavanova I. Digital ruble. Now in the Tax Code of the Russian Federation? // EJ-Accountant. – 2023. – No. 25. – P. 5.
3. Maslennikov V. V. Digital currencies: conceptualization of risks and possibilities of regulation / V. V. Maslennikov, A. V. Larionov // World of new economy. – 2021. – T. 15. No. 4. – S. 16-28.
TAX LAW
SOLOVYOVA Natalya Albertovna
legal adviser, “Almaz – Antey” Air and Space Defense Corporation”, Joint Stock Company
THE EXPERIENCE OF IMPLEMENTING THE REGULATORY FUNCTION OF THE TAX IN THE CONTEXT OF ECONOMIC SANCTIONS ON THE EXAMPLE OF THE ISLAMIC REPUBLIC OF IRAN
The article analyzes the experience of anti-sanctions tax regulation carried out in the Islamic Republic of Iran, as the longest time subject to economic sanctions imposed by Western countries. The main direction of the research is to identify the instruments of tax regulation of the economy in the anti-sanctions experience of Iran in order to apply the most successful of them in the Russian Federation. The choice of the country to conduct the analysis, in addition to Iran’s more than forty years of experience in the fight against sanctions, is due to the similarity of the economic situation in Iran with the economic situation in the Russian Federation. In the course of the study, it was concluded that the regulatory function of taxes should prevail over the fiscal one during the period of economic sanctions, and the most relevant for the Russian Federation to implement Iran’s experience in tax regulation of the economy under sanctions were proposed.
Keywords: sanctions, anti-sanctions measures, regulatory function of taxes, Islamic Republic of Iran, Iran, economic sanctions, taxes, instruments of tax regulation, special economic zones.
References
1. Ghanem M. The role of small business in the development of the Syrian economy // Postgraduate student. – 2018. – No. 3 (40). – P. 42.
2. Zernova L. E., Farzanian M. On some aspects of import substitution policy in Russia and Iran // Collection of scientific. Tr.: to the 110th anniversary of Professor Teodor Borisovich Polyak. – M., 2021. – S. 74.
3. Zvonova E. A. Preservation of the international competitiveness of the national economy of the country – the object of economic sanctions (the experience of Iran) // Economics. Taxes. Right. – 2017. – No. 2. – S. 30.
4. Lazovsky S. O. The economic situation in Iran under the conditions of American sanctions // Analysis and forecast. – 2020. – No. 1. – P. 81.
5. Mamedova N. M. The situation in Iran in the light of new sanctions // Bulletin of the Diplomatic Academy of the Ministry of Foreign Affairs of Russia: Russia and the world. – 2020. – No. 2 (24). – S. 159.
6. Ostrovsky A. China: Special economic zones — a successful socio-economic project // Chelovek i trud. – 2022. – No. 6. – S. 22.
7. Schensnovich V. N. Iran under new US sanctions. (Analytical review) // Russia and the Muslim world. – 2021. – No. 4 (322). – S. 86.
8. Aleksic M. Socijalna dezintegrativni procesi u zemljama tranzicije. – Beograd: Inst. drustv. Science. – 1998. – P. 177.
9. Ebril L. The Allure of the Value Added Tax // Finance & Development. – 2020. – Vol. 39. – № 2.
10.IMF. World Economic Outlook. October 2021. Statistical Appendix. – P. 189.
BUSINESS LAW
CHETVERGOV Dmitriy Sergeevich
master of laws of the Faculty of Law of the M. V. Lomonosov Moscow State University
CONCLUSION OF A RETAIL SALE CONTRACT ON THE INTERNET IN THE PRC AND RUSSIA
In recent years, digital technologies have given rise to a vast e-commerce sector, which is expanding every year. Furthermore, the emergence of electronic commerce has generated several legal issues, including determining when a contract is concluded on the Internet. Using the example of two countries – Russia– the rapidly developing e-commerce market, and China – the world leader in electronic commerce – this article explores the problems related to contract conclusion on the Internet in order to determine whether a legal regulation of contract conclusion is the optimal option.
Keywords: e-commerce, contact conclusion, offer, acceptance, consumer protection, China.
Bibliography by article
1. Demin A. A. The mechanism of civil law regulation of the emergence of contractual obligations in the digital environment // Civilist. – 2023. – No. 2. – P. 15-20.
2. Kirpichev A.E. Cancellation of an order by an online store // Law. – 2020. – No. 2. – pp. 171-177.
3. Savelyev AI Electronic commerce in Russia and abroad: legal regulation. 2nd ed. – Moscow, 2016 // SPS ConsultantPlus.
4. Xue Jun. Analysis of the Creation of Electronic Contracts, Faculty of Law, Peking University; E-Commerce Law Research Center of Peking University].
5. 2018年第12期 [Wei Liang. The time of establishing an online purchase agreement: an empirical study, existing legislation and a conditional position // Social sciences. – 2018. – No. 12. – pp. 90-98].
LAND LAW
PERELEHOVA TATYANA SERGEEVNA
magister student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of the Peter the Great St. Petersburg Polytechnic University
ERMOLINA MARINA ANATOLYEVNA
Ph.D. in Law, associate Professor, Higher School of Law and Forensic Technical Expertise, Institute for the Humanities of the Peter the Great St. Petersburg Polytechnic University
PROBLEMS OF LEGAL REGULATION OF PROVISION OF PLOTS FROM FOREST FUND LAND FOR THE PURPOSES OF SUBSOIL USE
The article analyzes the norms of forest, land and mining legislation, concludes that the imperfection of legal regulation in this area of allotment of forest plots for the purposes of subsurface use. By analyzing judicial practice and applying the formal legal method, the absence of a clear and consistent procedure for the allocation of a forest plot for subsurface use is revealed. It is proposed to formalize the right to land over the subsoil simultaneously with the issuance of a license and a number of other changes in order to improve legal regulation in this area.
Keywords: land allotment, mining allotment, land plot, subsurface use, forest plots, forest development project, public easement, mining enterprise, lease of a forest plot, forest management works.
Reference list
1. Shaykhulina M. V. Legal aspects and peculiarities of granting land plots for the development of minerals // Young scientist. – 2019. – No. 4 (242). — P. 343-346.
2. Lunyashin P. D. Problems of gold miners in land use in subsoil use // Zoloto i tekhnologii. – 2020. – No. 1 (47). — P. 40-46.
3. Vershinin VV, Sangadzhieva KV Land allocation for state needs: legal mechanisms and practice // Law and management. – 2023. – No. 1. – S. 334-341.
4. Vdovenko A. V., Markov V. A. Features of granting forest plots for rent without bidding for subsoil use purposes in the Khabarovsk Territory. Bulletin of the Perm State University. Sholom Aleichem. – 2019. – No. 4 (37). – P. 77.
5. Evtushkova E. P. Improving the procedure for allocating a land plot from the lands of the forest fund for subsoil use // International agricultural journal. – 2023. – No. 1. – P. 87-112.
CRIMINAL LAW
ABYZOVA Evgeniya Ravilyevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
PROBLEMS OF QUALIFICATION AND CRIMINAL LEGAL ASSESSMENT OF BRINGING MINORS TO SUICIDE USING INFORMATION AND TELECOMMUNICATION NETWORKS
The article presents an analysis of the resonant problem associated with the suicide of minors through information and telecommunication networks. The relevance of the problem from a legal point of view lies in the imperfection of legal mechanisms for its solution, technical aspects of collecting evidence. The legal regulation of the areas adjacent to this problem and the ways to solve it are considered.
Keywords: death groups; driving minors to suicide; use of social networks; causes of suicide of minors; suicidal information.
References
1. The Krasnoyarsk prosecutor’s office demanded a ban on “groups of death”. [Electronic pecypc]. – Access mode: https://krasnoyarsk.bezformata.com/listnews/prokuratura-potrebovala-zapretit-gruppi/55365650/?ysclid=/a2p5a55rd763966520.
2. Kovaleva A. V. Problems of regulation of bringing to suicide // Young scientist. 2021. No. 49 (391). pp. 201-204.
3. Konovalova Yu. A. Bringing minors to suicide using information and telecommunication technologies // Young scientist. 2022. No. 45 (440). pp. 138-140.
4. Clause 13 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 04.12.2014 No. 16 “On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual.”
CRIMINAL LAW
GAZIZOV Timur Irshatovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TOPICAL ISSUES ON THE DETECTION OF THE CRIME OF ILLEGAL EXTRACTION OF SAND AND GRAVEL MIXTURE
The choice of this topic is due to the urgency of the problem of illegal extraction of sand-gravel mixture in the Russian Federation. Illegal mining is a serious environmental and economic crime affecting natural resources and the environment. The study of this topic will reveal the main causes and mechanisms of illegal mining, as well as suggest effective measures to combat this phenomenon.
Keywords: illegal mining, sand-gravel mixture, environmental crime, economic crime, natural resources.
References
1. Bagmet A. M. Controversial issues of qualification of illegal mining and their resolution in judicial practice / A. M. Bagmet, A. L. Ivanov // Russian judge. – 2020. – No. 7. – P. 15-19.
2. Kondrashova T. V. Some issues of criminal liability for illegal business / T. V. Kondrashova // Russian Journal of Law. – 2019. – No. 1. – S. 202-206.
3. Popov I. Unlicensed (unauthorized) mining as a violation of the rules for the protection and use of subsoil (Article 255 of the Criminal Code of the Russian Federation) / I. Popov // Criminal Law. – 2020. – No. 4. – P. 31-34.
4. Khilyuta VV The concept and signs of embezzlement in criminal law / VV Khilyuta. – M., 2020. – 245 p.
CRIMINAL LAW
ZAKAZNOVA Alevtina Nikolaevna
senior lecturer of Criminal law sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
FOREIGN EXPERIENCE IN PREVENTING VIOLENT CRIMES AGAINST MILITARY SERVICE (USING THE EXAMPLE OF THE ISRAEL DEFENSE FORCES)
The article examines the experience of preventing violent crimes against military service in the Israel Defense Forces. To study the experience of preventing violent crimes against military service, such factors were taken into account as: the number, the form of recruitment (exclusively subscription, exclusively volunteer, mixed); features of gender policy in the formation of the armed forces (the presence or absence of conscription of women for military service, the presence or absence of women in combat units; joint or separate service by men and women).
Keywords: violent crimes, army, Israel, prevention.
References
1. Morev M. V., Shabunova A. A., Gulin K. A. Socio-economic and demographic aspects of suicidal behavior / Ed. Doctor of Economics, prof. V. A. Ilyina. – Vologda: Institute of Socio-Economic Development of Territories of the Russian Academy of Sciences, 2010.
2. Shestak V. A. Foreign experience in countering the offenses of military personnel // Military legal journal. – 2013. – No. 6. – P. 12-26.
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 Talyat Alievich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
INDICATORS OF CRIMINAL LIABILITY FOR NON-PROVISION OF ASSISTANCE TO A PATIENT BY MEDICAL STAFF
The vast majority of the crimes that are committed by medical workers are designed with a careless form of guilt in theform of negligence or frivolity. Medical staff, in accordance with the law, have the right to carry out medical activities and are professionally obliged to provide medical care to the patient. The current criminal law provides for legal liability for failure to provide assistance to a patient. The actions of a medical worker will be considered improper if he does not comply with the requirements of the standard of treatment or emergency medical care, or surgical intervention.
Keywords: criminal liability, medical care, medical personnel, failure to provide assistance to the patient, evaluation indicators.
References
1. Federal Law No. 323-FZ of November 21, 2011 (as amended on December 28, 2022) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (as amended and supplemented, effective from March 1, 2023).
2. Federal Law No. 323-FZ of November 21, 2011 (as amended on December 28, 2022) “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” (as amended and supplemented, effective from March 1, 2023).
3. Shchetinina N. V. Failure to provide assistance to the patient: criminal law characteristics and qualification issues // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (81). – S. 144.
4. Nagornaya I. I. Criminal liability for professional crimes of medical workers: a new approach // Russian legal journal. – 2021. – No. 1. – P. 148.
5. Boeva O. Yu., Idrisova S. F. Medical worker as a subject of professional crime // Problems of expertise in medicine. – 2009. – No. 09 (36-4). – P. 4-6.
6. Rotkov A. I., Chuprova A. Yu. Improper performance by a medical worker of his professional duties as a sign of a crime under part 2 of article 109 of the Criminal Code of the Russian Federation // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (44). – S. 277.
CRIMINAL LAW
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor, professor of Prosecutor’s supervision for observance of laws in the ATC 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
THE CONCEPT AND TYPES OF CRIMES COMMITTED USING A MOBILE PHONE
Phone calls and text messages account for the largest share of mobile data usage. In particular, the digital footprints left by a large number of mobile devices provide important information that contributes to a deeper understanding of human behavior. Mobile phone data contains significant space-time and communication information. They can be used for various purposes, including being used by criminals. The totality of such criminal manifestations is usually called cybercrime. The science of criminology and criminal law explores these phenomena. The author provides a description and classification of crimes committed using a mobile phone.
Keywords: crime, tool, means, warning, criminal liability.
References
1. Decree of the Plenum of the Supreme Court of the Russian Federation of December 15, 2022 No. 37 “On some issues of judicial practice in criminal cases on crimes in the field of computer information, as well as other crimes committed using electronic or information and telecommunication networks, including the Internet”.
2. Rassolov I. M. Cybercrime: concept, main features, forms of manifestation // Legal world. – 2008. – № 2. – S. 44-46.
3. Russkevich E. A. International legal approaches to countering crimes committed with the use of information and communication technologies // International criminal law and international justice. – 2018. – No. 3. – S. 10-13.
4. Truntsevsky Yu. V. Cybercrimes and cybersecurity: the concept and modern threats // Business security. – 2017. – No. 4. – S. 28-39.
CRIMINAL LAW
RODYGIN Roman Aleksandrovich
senior lecturer of Criminal law sub-faculty of the Ural Law Institute of the MIA of Russia
MASHLYAKEVICH Vyacheslav Andreevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
MIRKHAYDAROVA Mariya Yurjevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOME ELEMENTS OF THE CRIMINAL-LEGAL CHARACTERISTICS OF ROBBERY AND ITS DIFFERENTIATION FROM RELATED COMPOUNDS
In the article, the authors consider certain aspects of the criminal-legal characteristics of robberies. Based on the regulatory frameworkk and the practice of law enforcement agencies, as well as judicial practice, recommendations are proposed to improve the effectiveness of qualification activities and to counteract the open theft of other people’s property. The criminal-legal characteristics of robberies are given on the basis of its relevance due to the need to distinguish this type of encroachment on property from other forms of theft and encroachment on property.
Keywords: criminal and legal characteristics of crimes, differentiation of robbery from related crimes, open theft of someone else’s property, the subject of criminal encroachment.
References
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on April 28, 2023) // ConsultantPlus SPS (Accessed on May 29, 2023).
2. Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 (as amended on December 15, 2022) “On judicial practice in cases of theft, robbery and robbery” // SPS “ConsultantPlus” (accessed on May 29, 2023).< br /> 3. The 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) // Consultant Plus SPS (date of access: May 29, 2023).
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
ILLEGAL IMPLEMENTATION OF ACTIVITIES FOR THE RETURN OF OVERDUE DEBTS OF INDIVIDUALS: INDIVIDUAL QUALIFICATION ISSUES
The article analyzes the issues of qualification of a crime under Article 172.4 of the Criminal Code of the Russian Federation, according to which criminal liability for illegal actions in the return of overdue debts of individuals is established from 10.07.2023. Some aspects of the object and objective side of such criminal encroachment are considered. Taking into account the provisions of industry legislation, the content of illegal actions under Article 172.4 of the Criminal Code of the Russian Federation, as well as their relationship with extortion and arbitrariness, is determined.
Keywords: crime, sphere of economic activity, repayment of overdue debts, extortion, arbitrariness, qualification, criminal liability.
References
1. Analysis of trends in the retail lending segment based on data from credit bureaus. Information and analytical material. – Moscow, 2023. – – [Electronic resource]. – Access mode: cbr.ru›analytics/finstab/bki/ (date of access: 07/12/2023).
2. Final report on the results of the activities of the Federal Bailiff Service in 2022 – [Electronic resource]. – Access mode: https://fssp.gov.ru/deals/otchet_doklad_9/2837777 (date of access: 07/12/2023).
3. Stupina S. A. To the question of the object of extortion // Eurasian legal journal. – 2021. – No. 2 (153). – P. 260-261.
4. Vybornova E. S. The economic content of the civil law contract // Bulletin of the Saratov State Law Academy. – 2012. – No. 3 (85). – P. 145-149.
CRIMINAL LAW
STEPANENKO Yuriy Sergeevich
Ph.D. in science philosophicals, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
PROBLEMS OF APPLICATION OF THE DEATH PENALTY IN MODERN RUSSIA
The article examines the problematic issues of the death penalty as a type of criminal punishment in legislation. As well as consideration of the application of the death penalty in modern practice in various countries of the world, their methods and methods of applying this type of punishment. The author of the article analyzes the problem of the attitude of society and the state to the resumption of the use of the death penalty. The conclusion is substantiated that it is worth striving for humanization and imposing the death penalty only in exceptional.
Keywords: death penalty, state, criminal punishment, crime, society.
References
1. Constitution of the Kingdom of Norway. [Electronic resource]. – Access mode: https://legalns.com/download/books/cons/norway.pdf (accessed 24.06.2023).
2. Decree of the President of the Russian Federation of May 16, 1996 No. 724 “On the phased reduction in the use of the death penalty in connection with Russia’s entry into the Council of Europe.” – Access from legal help system Consultant Plus.
3. Decree of the Constitutional Court of the Russian Federation of 02.02.1999 No. 3-P “On the case of checking the constitutionality of the provisions of Article 41 and part three of Article 42 of the Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the Decree of the Supreme Council of the Russian Federation of July 16, 1993 “On the procedure for enacting the Law of the Russian Federation” On introducing amendments and additions to the Law of the RSFSR “On the judiciary of the RSFSR”, the Code of Criminal Procedure of the RSFSR, the Criminal Code of the RSFSR and Code of the RSFSR on Administrative Offenses” in connection with the request of the Moscow City Court and the complaints of a number of citizens”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_21949 (date of access: 06/24/2023).
4. Determination of the Constitutional Court of the Russian Federation of November 19, 2009 No. 1344-O-R “On the clarification of paragraph 5 of the operative part of the Resolution of the Constitutional Court of the Russian Federation of February 2, 1999 No. 3-P on the case of checking the constitutionality of the provisions of Article 41 and part three of Article 42 Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the Decree of the Supreme Council of the Russian Federation of July 16, 1993 “On the Procedure for Enacting the Law of the Russian Federation “On Amendments and Additions to the Law of the RSFSR” On the Judiciary of the RSFSR”, the Code of Criminal Procedure of the RSFSR, The Criminal Code of the RSFSR and the Code of the RSFSR on Administrative Offenses. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_94045 (date of access: 06/24/2023).
5. Opinions were divided on the question of the return of the death penalty. [Electronic resource]. – Access mode: https://sputnik-abkhazia.ru/20151018/1016007891.html (date of access: 06/24/2023).
CRIMINAL LAW
KHARAEV Azamat Arsenovich
Ph.D. in Law, senior lecturer of Fire training sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
KULIK Anna Alexandrovna
Assistant of Law sub-faculty of the Azov State Pedagogical University
OPTIMIZATION OF THE PROCEDURE FOR INITIATING A CRIMINAL CASE AND PRELIMINARY INVESTIGATION
The problem of the need to optimize the procedures for initiating a criminal case and preliminary investigation remains relevant. The article highlights only some problematic issues. The purpose of the article is to develop proposals for optimizing the procedure for initiating a criminal case and preliminary investigation. The reliability and validity of the obtained research results is based on an integrative approach based on theoretical analysis of literature, analysis of statistical data, analysis of current legislation and analysis of expert opinions. Based on the results of the study, the author identified areas for optimizing the work of prosecutors and preliminary investigation bodies.
Keywords: initiation of a criminal case, preliminary investigation, procedural independence, supervision of procedural activity.
References
1. Bogatkina R. Sh. Production of inquiry in an abbreviated form: problems of theory and practice // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – October-December 2021. – P. 580-584.
2. Speech by the Minister of Internal Affairs of the Russian Federation, Police General of the Russian Federation Vladimir Kolokoltsev at an expanded meeting of the collegium of the Ministry of Internal Affairs of the Russian Federation // MIA Media. [Electronic resource]. – Access mode: https: www.mvdmedia.ru/news/official/vystuplenie-ministra-vnutrennikh-del-rossiyskoy-federatsii-generala-politsii-rossiyskoy-federatsii-v.
3. Ivanov D. A. Topical issues of theory and practice of compensation for harm caused by a crime (in the activities of the preliminary investigation bodies) / Monograph. – M.: Yurlitinform, 2018. – 287 p.
4. Mashinskaya N. V. Efficiency of the preliminary investigation: criteria and problems of provision // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. – 2021. – No. 4. – October-December. – P. 87-92.
5. Potapov D. V. The vertical of accusatory power and the legal form of its implementation in criminal proceedings // Eurasian Law Journal. – 2017. – No. 5. – P. 250-252.
6. Federal Law “On Amendments to the Code of Criminal Procedure of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation” dated 05.06.2007 No. 87-FZ // SPS Consultant. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_38313/.
CRIMINAL LAW
ARTAMONOVA Anna Nikolaevna
postgraduate student of the University of the Prosecutor’s Office Russian Federation, Supervisory Attorney for the procedural activities of bodies Investigative Committee of the Russian Federation Prosecutor’s Office of Moscow
ON THE ISSUE OF IMPROVING THE TERMINOLOGY USED IN PROCEDURAL DOCUMENTS IN CRIMINAL CASES ON IATROGENIC CRIMES IN THE PROCESS OF PROSECUTORIAL SUPERVISION
In this paper, the author analyzes the content of the concepts of “iatrogenic” and “iatrogenic crimes”, in order to establish the circumstances to be proven in criminal cases of crimes committed by medical workers, as well as to identify problems of prosecutorial supervision in this area. In the work, the author refers to the current legislation, prosecutorial and investigative and judicial practice.
Keywords: medical errors, legal assessment, harm to health, iatrogenic, investigation of iatrogenic crimes, prosecutor’s supervision.
Reference list
1. Avtandilov G. G. Features of the X revision of the International Classification of Diseases and its application in pathological practice. // Arch. Pat. – 1998. – Issue. 1. P. 56.
2. Doletsky S. Ya. “Iatrogeny: clinical and social aspects” // Arch. Pat. – 1988. – Issue. 5. – S. 16-20.
3. Luria R. A. Internal picture of diseases and iatrogenic diseases. – M., 1977.
4. V. M. Lysenko, O. V. Lysenko, M. M. Zaretskii, and E. E. Chernikov, Russ. On the issue of iatrogenic diseases // Scientific Bulletin of the National Medical University. Bogomolets. – 2009. – P. 164-169.
5. Nekachalov VV Yatrogeniya (Pathology of diagnosis and treatment): A guide for physicians. – St. Petersburg, 1998. – S. 3.
6. Rastoropov S. V., Petrova T. N., Chigrina O. R. Expert assessment of inadequate medical care in criminal proceedings: the pursuit of quantity or quality // Eurasian Legal Journal. – 2022. – No. 12. – P. 305-307.
7. Rastoropov S. V., Chigrina O. R. Legal and medical aspects of the expediency of establishing responsibility for improper provision of medical care to a patient // Eurasian Law Journal. – 2023. – No. 1. – S. 236-239.
CRIMINAL LAW
MAKAROVA Kristina Viktorovna
postgraduate student of the Faculty of training scientific personnel of the University of the Prosecutor’s Office of the Russian Federation, assistant prosecutor of the city of Cherkessk of the Karachay-Cherkess Republic
PARTICIPATION OF THE PROSECUTOR IN THE APPEAL PROCEEDINGS IN CRIMINAL CASES
The article examines the tactics and features of the participation of prosecutors in the court of appeal, analyzes the practice of court decisions changed on the basis of prosecutors’ submissions and complaints from participants in the process. In addition, the grounds are indicated under which the prosecutor, as a participant in the criminal process, has the right to present new evidence, or to refute, those that have already been examined by the court. Particular attention is paid to the errors of judicial decisions made by the courts when considering criminal cases, the active position of prosecutors when making appeal submissions. The article provides recommendations to prosecutors supporting the state prosecution in order to improve the quality of the appeal response to comprehensively study the court decisions issued by the courts of first instance.
Keywords: public prosecutor, appeal, appellate instance, appellate ruling, appellate presentation.
References
1. Averkin A., Kudryavtseva A., Smirnov V. Verification and study of evidence in the court of appeal // Criminal process. – 2012. – № 6.
2. Balakshin V. S., Zhumakanova N. A. Refusal of the prosecutor from the prosecution: questions of theory and practice. – Moscow: Yurlitinform, 2016. – 182 p.
3. Zhukova VV Ensuring the prosecutor maintains a legitimate and justified public prosecution: lecture / Acad. Gene. Prosecutor’s Office Ros. Federation. – M., 2021.
4. Isaenko VN, Pavlova EV Research and assessment by the prosecutor of the conclusions and testimony of experts in the trial of criminal cases. – Moscow: Yurlitinform, 2023. – 198 p.
5. Mashovets A. O. Judicial investigation in the criminal process of Russia / Ed. A. D. Proshlyakova. – Moscow: Yurlitinform, 2016. – 451 p.
6. Spirin A. V. Prosecutor as a subject of proof in criminal proceedings in Russia. – Moscow: Yurlitinform, 2018. – 300 p.
CRIMINAL LAW
POPOV Alexander Yurjevich
adjunct of Criminal law sub-faculty of the V. Ya. Kikotya Moscow University of the MIA of Russia, lieutenant of police
MODERN ASPECTS OF THE NEED TO IMPROVE LEGISLATION IN THE FIELD OF ILLEGAL ARMS TRAFFICKING THROUGH THE USE OF DIGITAL TECHNOLOGIES
Task: The purpose of writing a scientific article is to study the emerging new conditions and prerequisites for improving domestic legislation in the field of illicit arms trafficking.
Model: The methodological basis of the study is a complex of philosophical, formal-logical, general scientific means (methods) of cognition, a systematic approach.
Conclusions: The conducted research allows us to conclude that the rapidly developing information technologies have led to the emergence of new forms and methods of criminal activity on the Internet. In this regard, law enforcement agencies have failed to fully prepare for such changes. It is advisable to amend the legislation so that it reflects modern realities, this is especially important when protecting fundamental constitutional rights, such as the right to life and health. We believe that the measures we have proposed will help reduce crimes related to the illegal circulation of firearms and their use for criminal purposes.
Originality/value: This article focuses on the study of the problems of illegal arms trafficking through the “Internet”, with particular attention to new methods of committing such crimes, which have not yet received sufficient coverage in the scientific literature. This study suggests ways to improve legislation and implement policies to prevent crimes related to arms trafficking. Also, the work identifies priority areas for the activities of law enforcement agencies in this area, taking into account world and foreign experience, and also formulates scientifically based criminological and criminal law principles for preventing these crimes.
Keywords: arms trafficking, Internet, Darknet, firearms, digital technologies.
References
1. Nevsky S. A. Counteraction to illegal circulation of weapons, ammunition and explosives (historical, criminological and criminal law aspects). – M., 2008. – S. 63-64.
2. Vladimir Putin announced the start of a special military operation in connection with the situation in the Donbass. – [Electronic resource]. – Access mode: https://goo.su/QL4FKA (date of access: 07/08/2023).
3. Actual deliveries of heavy weapons to Ukraine are two times lower than promised. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/politics/articles/2023/07/07/984309-postavki-ukraine-nizhe (date of access: 07/08/2023).
4. Statement by the Permanent Representative VA Nebenzya at the open debate of the UN Security Council on the topic “The impact of the illicit flow of weapons on peace and security”. – [Electronic resource]. – Access mode: – [Electronic resource]. – Access mode: https://russiaun.ru/ru/news/sc_22112021 (date of access: 07/08/2023).
5. In 2022, more than 1,500 people were convicted in Russia for terrorism and extremism. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5826155 (date of access: 07/08/2023).
6. Federal Law of December 13, 1996 No. 150-FZ (as amended on February 6, 2023) “On Weapons” // “Collected Legislation of the Russian Federation”. – 12/16/1996. – No. 51. – Art. 5681.
7. In Omsk, a 60-year-old man was charged with 6 criminal cases for altering weapons. It is reported by “The Rambler”. – [Electronic resource]. – Access mode: https://news.rambler.ru/crime/50968646/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (date of access: 07/08/2023).
8. 2022: 3D printed weapons workshop. – [Electronic resource]. – Access mode: https://goo.su/FbFz (date of access: 07/08/2023).
9. Former Japanese Prime Minister Shinzo Abe died in an assassination attempt. How did the attack happen and who is behind it? – [Electronic resource]. – Access mode: https://lenta.ru/brief/2022/07/08/assasination_abe/ (date of access: 12.12.2022).
10. The “O” group found mines from a 3D printer in the militants of the Armed Forces of Ukraine, stuffed with US VOGs. This is reported by Rambler. – [Electronic resource]. – Access mode: https://news.rambler.ru/conflicts/48864068/?utm_content=news_media&utm_medium=read_more&utm_source=copylink (date of access: 06/12/2023).
CRIMINAL LAW
SYCH Vladimir Konstantinovich
lecturer-methodologist of the Educational department of the Academy of the FPS of Russia
INSTITUTIONS OF PUNISHMENT AND OTHER MEASURES OF A CRIMINAL-LEGAL NATURE AT THE PRESENT STAGE OF THEIR DEVELOPMENT
The article is dedicated to the current state of institutions of punishment and other measures of a criminal law nature. Some issues are considered, in particular, the mismatch of the problem of punishment with some legislatively fixed goals of punishment, gaps in the very definition of the concept of punishment. In addition, emphasis is placed on the lack of legislative consolidation of the concept of other measuresof a criminal law nature and the incidents arising from this. It is proposed to correct the name of the institution of other measures of a criminal law nature according to the purposes of punishment.
Keywords: punishment, other measures of a criminal law nature, correction of convicts, court fines, compulsory medical measures, security measures and warnings.
References
1. Grushin F. V. Some vectors of the penitentiary policy // Penitentiary system at the present stage, taking into account the implementation of the concept of development of the penitentiary system of the Russian Federation for the period up to 2030, Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on Problems execution of criminal penalties. In 2 volumes. Volume 1. Academy of the Federal Penitentiary Service of Russia. Ryazan, 2022. P. 76-80.
2. Skiba A.P. Means of correction of convicts and their individual characteristics: some theoretical and legal problems of interrelation // Criminal Executive Law. 2020. No. 2. P. 95-101
3. Zubkova VI Criminal punishment and its social role: theory and practice. M., 2002. S. 21.
4. Shchedrin N. V. Security measures as a means of preventing crime: dis. … doc. legal Sciences. Krasnoyarsk, 2001.
5. Utkin V. A. The system of criminal penalties and problems of its legislative regulation // Actual problems of law enforcement practice in connection with the adoption of the new Criminal Code of the Russian Federation: materials of scientific and practical. conf. Krasnoyarsk, 1997. S. 26-27.
6. Zvecharovsky I. E. Measures of a criminal law nature: concept, system and types // Legitimacy. 1999. No. 3. P. 37.
7. Maltsev VV Social responsibility of the individual, criminal law and criminal liability // Jurisprudence. 2000. No. 6. P. 160.
8. Tarbagaev A. N. Responsibility in criminal law: dis. … doc. legal Sciences in the form of scientific. report SPb., 1994. S. 34.
9. Naumov A. V. Russian criminal law. General part: course of lectures. M., 1997. S. 246.
10. Korneev The true place of the judicial fine in the construction of the criminal law // Legal Bulletin of the DSU. 2021. V. 38. No. 2. S. 126-130.
CRIMINAL PROCEDURE
ABDULLAEVA Umukusum Akhmedhanovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian Institute of the Russian State University of Justice (RLA of the Ministry of Justice of Russia)
DZHANTOUKHANOV Visadi Zainalovich
Ph.D. in Law, associate professor of Criminal process sub-faculty of the North-Caucasian Institute of the Russian State University of Justice (RLA of the Ministry of Justice of Russia)
DZHANTOUKHANOVA Milana Visadievna
lecturer of the Legal College of the North-Caucasian Institute of the Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ON THE ISSUE OF SOME CLARIFICATIONS OF THE PROCEDURAL DEADLINES: ANALYSIS OF THE CHANGES INTRODUCED BY THE FEDERAL LAW OF JULY 31, 2023 Nº 396-FZ
In the previous version of Art. 162 of the Code of Criminal Procedure of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation, Code of Criminal Procedure) there were no requirements obliging the investigator to accept criminal cases returned by the prosecutor or court and carry out an additional investigation on them immediately or within a strictly established period. This, in turn, had a negative impact on compliance with the requirements of the law on a reasonable time for criminal proceedings. To a certain extent, the gaps in the procedural deadlines were filled by the Federal Law of July 31, 2023 No. 396-FZ, in connection with which the article analyzes the changes made to Art. 162 Code of Criminal Procedure of the Russian Federation.
Keywords: procedural terms, gaps, reasonable time, effectiveness of actions of subjects of criminal jurisdiction, immediacy, timelines, completion of the investigation.
References:
1. Arkhipov A. S. Problems of assessing the circumstances taken into account when determining a reasonable time at the pre-trial stages of criminal proceedings // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – № 1. – P. 80-82.
2. Bednyakov I. L., Razveykina N. A. The category of “efficiency” in the criminal process // Vestnik SamGU. – 2014. – No. 11/2 (122). – P. 193-197.
3. Znikin V.K., Razzorenova I.N. Unreasonableness of a reasonable term in criminal proceedings // Russian Journal of Criminal Law. – 2020. – No. 16. – P. 53-57.
4. Sogoyan VL Legal nature of a reasonable period of criminal proceedings // Theory and practice of social development. – 2015. – No. 10. – S. 108-111.
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
GUMENCHUK Oksana Olegovna
lecturer of Administrative activities of the internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia
PROBLEM ISSUES IN DOCUMENTATION AND INVESTIGATION OF ILLEGAL STORAGE AND MARKING OF NARCOTIC DRUGS WITH REQUIREMENTS OF CRIMINAL PROCEDURE LEGISLATION
The relevance of the chosen topic is due to the problem of producing procedurally competent and legal investigative and operational-search actions when documenting the facts of illegal sale of narcotic drugs, in particular, such as inspection, search and seizure, in relation to electronic media, carrying out the operational-search activity “Test Purchase” in terms of the presence or absence of provocation on the part of law enforcement agencies to commit the illegal sale of narcotic drugs, as well as the conduct of such investigative actions that are necessary for the correct qualification of the crime committed as the sale or illegal possession of narcotic drugs. The lack of an unambiguous understanding of how much action indicates the presence in the actions of a person of signs of illegal sale or illegal possession of narcotic drugs, leads in practice to the wrong choice of the necessary investigative actions aimed at documenting them and collecting acceptable , relevant and reliable evidence. Failure to regulate at the legislative level the requirements for conducting the operational-search activity “Test Purchase” leads to the issuance of acquittals.
Keywords: illegal sale, illegal possession, narcotic drugs, operational purchase, operational-search activity, operational-search activity, home inspection, inspection of electronic media
References
1. Biruk M. S., Grebenyuk A. S. Electronic media – the concept and meaning in proving during the production of a preliminary investigation in a criminal case // Eurasian Law Journal. 2023. No. 4. P. 292-296.
CRIMINAL PROCEDURE
GERASENKOV Vadim Mikhaylovich
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Academician I. G. Petrovskiy Bryansk State University
SOME ASPECTS OF PARTICIPATION OF THE DEFENSE COUNSEL IN PRE-TRIAL PROCEEDINGS
This article discusses and analyzes the issue of the need to introduce amendments and additions to the criminal procedural legislation aimed at implementing the strengthening of the procedural powers of the defense counsel in pre-trial proceedings in criminal cases. In order to strengthen the guarantees of the rights of a person in respect of whom verification measures are being taken at the stage of initiating a criminal case, it is proposed to make changes regarding the appointment of a forensic examination at this stage of the criminal process . It is proposed, when appointing a forensic examination, to oblige the investigator to acquaint the person in respect of whom the report of the crime is being checked and his defense counsel with the said resolution, informing him of the procedural rights provided for in Article 198 of the Code of Criminal Procedure of the Russian Federation. The defense counsel in the process of criminal proceedings has the right to collect evidence, including by questioning persons with their consent, presenting objects and documents. When petitions are filed by the defense counsel, the investigator has the right not to satisfy them, which makes it difficult for the defense counsel to provide qualified legal assistance. In this regard, it is proposed to amend the criminal procedural legislation, regarding the fact that the petitions of the defense counsel to interrogate persons as witnesses and to attach objects and documents to the materials of the criminal case are subject to mandatory satisfaction by the interrogating officer and the investigator in charge of the criminal case. This is especially important in cases where a person who knows any circumstances of a criminal case refuses to provide them to a lawyer defense. Then there is a need for his interrogation. It is also proposed to give the defense counsel the right to present their position in a criminal case and present it in a separate procedural document.
Keywords: defender, right to defense, adversarial nature of the parties, collection of evidence, process of proving, stage of initiating a criminal case, pre-trial proceedings, criminal proceedings, criminal case.
References
1. Buyantuev S. O. The content of the principle withliability and activity of a lawyer-defender in the criminal process // Union of criminologists and criminologists. – 2021. – No. 4. – P. 57-59.
2. Pankina I. Yu. Ways to expand the powers of a lawyer in proving in the Russian criminal process // Legal state: theory and practice. –– 2019. – No. 1 (55). – P. 128-134.
3. Smirnov V. A., Peryakina M. P. The Institute of Defense at the Present Stage of the Development of Criminal Proceedings in Russia // Siberian Legal Bulletin. – 2021. – No. 2 (93). – P. 92-98.
CRIMINAL PROCEDURE
LOGACHEV Konstantin Konstantinovich
lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
THE ROLE OF PHYSICAL EVIDENCE IN THE INVESTIGATION OF ENVIRONMENTAL CRIMES
This work is devoted to determining the role of physical evidence in the investigation of environmental crimes. The concept and features of physical evidence in criminal cases of environmental crimes are defined. Special attention is paid to the problems of using physical evidence in criminal cases of illegal logging of forest plantations. The author formulates proposals for improving law enforcement practice in this area.
Keywords: material evidence, illegal logging of forest plantations, instrument of crime, investigation, environmental crime.
References
1. Barygina A. A. Features of the assessment of certain types of evidence in criminal proceedings: monograph. Moscow: Yurlitinform, 2013. 396 p.
2. Belkin A. R. Theory of proof in criminal proceedings: a textbook for universities. M.: Yurayt, 2019. 184 p.
3. Vyshinsky A. Ya. The theory of judicial evidence in Soviet law. M.: Yurid. Publishing House of the NKJU USSR, 1941. 220 p.
4. In Primorye, a car with roe deer carcasses was detained. [Electronic resource]. – Access mode: https://vostok.today/44617-v-primore-zaderzhali-avtomobil-s-tushami-kosul.html (date of access: 17.02.2023).
5. Davydovskaya M. V. Material evidence: problems of legislative definition // Criminalistics: yesterday, today, tomorrow. 2017. No. 2 (2). P. 10-16.
6. Dorokhov V. Ya. Nature of physical evidence // Soviet state and law. 1971. No. 10. P. 109-114.
7. Orlov Yu. K. Modern problems of proof and the use of special knowledge in criminal proceedings: a scientific and educational guide. M.: Prospekt, 2016. 213 p.
8. Decree of the Plenum of the Supreme Court of the Russian Federation of December 15, 2022 No. 38 “On amendments to some decisions of the Plenum of the Supreme Court of the Russian Federation on criminal cases” // Rossiyskaya Gazeta. Dec 28, 2022
9. Decree of the Plenum of the Supreme Court of the Russian Federation of October 18, 2012 No. 21 (as amended on December 15, 2022) “On the application by courts of legislation on liability for violations in the field of environmental protection and nature management” // Bulletin of the Supreme Court of the Russian Federation. 2012. No. 12.
10. Selivanov N. A. Material evidence. Forensic and criminal procedure research. M.: Legal Literature, 1971. 200 p.
11. Strogovich M. S. Criminal process: textbook. M.: Yurid. Publishing House of the Ministry of Justice of the USSR, 1946. 511 p.
12. Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on December 29, 2022) (as amended and supplemented, entered into force on January 11, 2023) // Collected Legislation of the Russian Federation. 2001. No. 52 (part I). Art. 4921.
CRIMINAL PROCEDURE
OLENEV Pavel Andreevich
postgraduate student of the Moscow Academy of the Investigative Committee of the Russian Federation
DEVELOPMENT OF THE INSTITUTION OF PROCEDURAL CONTROL IN THE DOMESTIC CRIMINAL PROCEDURE LEGISLATION
This scientific research analyzes the provisions of the criminal procedure law on the implementation of procedural control in the investigation of a criminal case in historical retrospect and at the present time, and also proposes innovations in the legislation on the place and role of the investigator, investigator, head of the investigative body in criminal proceedings.
Keywords: pre-trial criminal proceedings, procedural control, head of the investigative body, prosecutor, investigator, Investigative Committee of the Russian Federation.
References
1. Khimicheva O. V. Conceptual foundations of procedural control and supervision at the pre-trial stages of criminal proceedings: Monograph. M.: UNITY-DANA, Law and Law, 2004.
2. Rozin N. N. Criminal proceedings. St. Petersburg, 1914.
3. Code of Criminal Procedure of the Russian Federation // Legal Bulletin. 1995. No. 31.
CRIMINAL PROCEDURE
PROKHOROVA Tatyana Leonidovna
seniorlecturer of Special disciplines sub-faculty of the Far Eastern Law Institute of the MIA of Russia
CONCEPT AND SIGNIFICANCE OF OBTAINING SAMPLES FOR COMPARATIVE STUDIES AS AN INQUIRED ACTION
The article is devoted to the study of the criminal procedural regulation of obtaining samples for a comparative study. Within the framework of the general characteristics of this legal phenomenon, its concept is defined, which makes it possible to establish to the greatest extent its legal essence and significance in criminal proceedings. The points of view of scientists considering this topic are analyzed, conclusions are drawn regarding the procedure for the implementation of this procedural action. The concept of obtaining samples for comparative research as an investigative action is formulated.
Keywords: samples, comparative study, examination, material evidence, investigative action, law requirement, knowledge.
References
1. Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated April 10, 2012 No. 25-O12-4 // Bulletin of the Supreme Court of the Russian Federation. – 2012. – No. 9. – S. 12.
2. Skibinsky A. V. Obtaining samples for comparative research // Criminal trial. – 2016. – No. 1. – P. 5.
3. Kosenko A. M. On obtaining samples for comparative research // Bulletin of the Russian Law Academy. – 2019. – No. 2. – P. 85.
4. Krieger A. E. Investigative actions. – Barnaul, 2016. – S. 62.
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
CHEREPNENKO Elena Alexandrovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, candidate of legal sciences
ON THE QUESTION OF LEGAL REGULATION OF THE DETENTION OF A SUSPECT
The article deals with issues of a procedural nature that arise when registering the detention of a suspect in the commission of a criminally punishable act, in accordance with the current criminal procedure legislation of the Russian Federation. Violation of the procedure for the procedural registration of the detention of a person suspected of committing unlawful acts means a violation of his constitutional rights, freedoms and legitimate interests. Particular attention should be paid to ensuring the right of the detainee to use the assistance of a defense lawyer from the moment of detention, regardless of whether a criminal case has been initiated against him or on the fact of a crime committed.
Keywords: suspected of committing a crime, protocol of detention, detention of a person, participation of a defense lawyer, body of inquiry, interrogating officer, investigator.
References
1. Decree of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 41 “On the practice of application by courts of legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions”, as amended by the decisions of the Plenum of May 24, 2016 No. 23 and dated June 11, 2020 No. 7. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/own/8379/ (date of access: 07/03/2023).
2. Code of Criminal Procedure of the Russian Federation: Federal Law of December 18, 2001 No. 174-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34481/ (date of access: 07/03/2023).
CRIMINAL PROCEDURE
SAFONOV Andrey Alexandrovich
Ph.D. in Law, associate professor, associate professor of Technical and forensic provision expert research sub-faculty of the Research and training and complex of forensic examination of the V. Ya. Kikot Moscow University of the MIA of Russia
BONDAREVA Irina Olegovna
Ph.D. in Law, Deputy Head of Criminal process sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE CORRECNESS OF DOCUMENTING THE INVESTIGATIVE EXPERIMENT
This article emphasizes the importance of accurately documenting the process and the results of the investigative experiment, since the protocol will be considered evidence in court. The protocol of the investigative experiment must be completed at the scene of the incident to provide an accurate description of the situation. The protocol consists of introductory and descriptive parts, and typical mistakes possible in its design are non-compliance with the law, incorrect or incomplete description of experimental actions, stylistic errors. The course and results of the investigative experiment can be recorded using audio, video or photography. The video recording is especially useful because it allows you to visually and dynamically demonstrate the progress and results of the investigative experiment.
Keywords: investigative experiment, protocol, evidence, criminal case, requirements of the law, admissibility, audio recording, video recording, errors, procedural errors.
References
1. Egorov N. N., Ishchenko E. P. Criminalistics: textbook and workshop for universities. – 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 617 p.
2. Averyanova T. V., Belkin R. S., Korukhov Yu. G., Rossinskaya E. R. Criminalistics: Proc. for universities / Ed. R. S. Belkina. – Moscow: Publishing house. NORMA Group – INFRA-M, 1999. – 971 p.
3. Luzgin I. M. Modeling in the investigation of crimes: monograph. – Moscow: Legal Literature, 1981. – 152 p.
4. Zelensky V. D., Vlezko D. A., Golovin M. V., Gritsaev S. I. Basic provisions of investigative tactics: monograph / Ed. editor V. D. Zelensky. – Krasnodar: KubGAU, 2011. – 275 p.
5. Ruban A. S. Investigative experiment: theory and practice: dissertation … candidate of legal sciences: 12.00.09; [Place of protection: Vladimir. Legal. in-t Feder. penitentiary service]. – Moscow, 2009. – 291 p.
6. Dulov A. V., Nesterenko P. D. Tactics of investigative actions [Text]. – Minsk: Highest. school, 1971. – 272 p.
7. Torbin Yu. G. Procedural and tactical features of the production of an investigative experiment [Text]: monograph; State. Educational institution of higher education. Prof. Education “Russian legal acad. Ministry of Justice Ros. Federation”. – Moscow: Russian legal acad. Ministry of Justice Ros. Federation, 2011. – 80 p.
8. Belkin R. S. Criminalistics: problems, trends, prospects. From theory to practice. – Moscow: Jurid. lit., 1988. – 302 p.
9. Criminalistics: Textbook / Ed. A. G. Filippova. – Moscow: Higher Education, 2007. – 441 p.
10. Criminalistics: Textbook for universities / Ed. A. F. Volynsky. – Moscow: Law and Law, UNITY-DANA, 1999. – 615 p.
11. Lavrov V. P., Rakhmatullin R. R., Romanov V. I., Shalimov A. N. Criminalistics: lecture notes: textbook / Ed. ed. V. P. Lavrov. – Moscow: Prospect, 2016. – 256 p.
CRIMINAL PROCEDURE
ANISHCHENKO Oleg Alexandrovich
magister student of the 2nd course of the Law Faculty of the M. V. Lomonosov Moscow State University
SOME FEATURES OF THE CRIMINAL PROCESS IN CASES OF ECONOMIC CRIMES IN ENGLAND AND THE UNITED STATES OF AMERICA
This article is dedicated to the analysis of the main manifestations of differentiation in cases of economic crimes in England and the United States of America. The relevance of this topic is predetermined, on the one hand, by the latest changes to the Code of Criminal Procedure of the Russian Federation in terms of providing greater guarantees to the accused in cases of economic crimes and, on the other hand, by the scientific need to analyze existing alternatives. As a result of studying foreign experience, it can be concluded that the increased complexity in proving in this category of cases predetermines the need for specialization of the bodies conducting the investigation, while in pre-trial proceedings there is a tendency to involve bodies and officials carrying out criminal prosecution before the court. In turn, the need to obtain from the accused information of evidentiary value in the studied legal order led to the restriction (in an explicit or implicit form) privileges against self-incrimination.
Keywords: criminal procedure, economic crime, crime control.
References
1. Golovko L. V. Two alternative directions of criminal policy in cases of economic and financial crimes: Crime Control and Doing Business // Law. 2015. No. 8.
2. Golovko L. V. Archetypes of pre-trial proceedings, possible prospects for the development of domestic preliminary investigation // Criminal justice. 2014. No. 2.
3. Bosworth-Davies R. Towards the new authoritarianism: giving section 2 powers to the police // Journal of Financial Crime. 1994 Vol. 1. No. 4.
4. Brooks G., & Button M. The police and fraud investigation and the case for a nationalized solution in the United Kingdom // The Police Journal. 2011. No 84 (4).
5. Button M., Frimpong K., Smith G. et al. Professionalizing counter fraud specialists in the uk: assessing progress and recommendations for reform // Crime Prev. community. 2007. Saf 9. P. 92-101.
6. Daniel C. Richman. Prosecutors and their agents, agents and their prosecutors // COLUM. L. REV. 2003 Vol. 103:749.
7. Diskant E. B. Comparative corporate criminal liability: exploring the uniquely American doctrine through comparative criminal procedure, 118 YALE L.J. 126.
8. Garoupa N. Ogus A & Sanders A. The investigation and prosecution of regulatory offenses: is there an economic case for integration? // Cambridge Law Journal. 2011 Vol. 70. No. 01.
9 Geraldine Szott Moohr. Prosecutorial power in an adversarial system: lessons from current white collar cases and the inquisitorial model // Buffalo Criminal Law. Review 1. April 2004. 8(1). 10 Jennifer Arlen & Samuel W. Buell. The law of investigations and the global expansion of corporate corporate criminal enforcement // 93 Southern California Law Review.
11. Leigh L. H. The royal commission on criminal procedure // The Modern Law Review. 1981 Vol. 44. No. 3.
12. White Robin M. Investigators and prosecutors or, desperately seeking Scotland: re-formulation of the Philips Principle // The Modern Law Review. 2006 Vol. 69. No. 2.
CRIMINAL PROCEDURE
GADADOV Israfil Saidovich
postgraduate student of the 4th year of study of the Russian State University of Justice
ON THE POSSIBILITY OF APPLICATION BY THE COURT OF “ASYMMETRY” OF THE RULES FOR ASSESSING THE ADMISSIBILITY OF EVIDENCE
The article deals with the problem of applying the so-called “asymmetry” of the rules for assessing the admissibility of evidence in the Russian criminal process. Based on the results of studying the current criminal procedure law, various opinions of process scientists, judicial practice, it is concluded that, despite the fact that the current Criminal Procedure Code of the Russian Federation is not focused on the application of these rules, the the possibility of a positive decision by the court on the implementation of these rules and substantiate this conclusion.
Keywords: criminal process, evidence, assessment of evidence, admissibility of evidence, “asymmetry” of the rules for assessing the admissibility of evidence.
References
1. Balakshin V. S. “Asymmetry” of the rules for assessing the admissibility of evidence // Legitimacy. – 2007. – № 3. – P. 2-5.
2. Balakshin V. S., Zhuravleva N. M. Asymmetry of the rules for evaluating evidence: the dilemma of application in the Russian criminal process // Bulletin of the Mogilev Institute of the Ministry of Internal Affairs. – 2021. – No. 2 (4). – P. 45-49.
3. Borulenkov Yu. P. Admissibility of evidence: time for change? // Criminal proceedings. – 2013. – No. 3. – P. 13-18.
4. Gasparyan N. S. Exclusion of evidence obtained in violation of the law, and the return of the criminal case to the prosecutor (theory and systematized judicial practice). – M.: Border, 2021. – T. 1. – 504 p.
5. Zaitseva S., Gromov N. Correlation between evidence and facts in criminal proceedings // Russian justice. – 2003. – No. 11. – P. 24.
6. Kipnis NM Admissibility of evidence in criminal proceedings. – M., 1995. – 127 p.
7. Kudin F. M., Kostenko R. V. Admissibility of evidence in the Russian criminal process: textbook. – Krasnodar, 2002. – S. 78-79.
8. Kudryavtsev VL Problems of the double standard in determining the admissibility of evidence in Russian criminal procedure science // Actual problems of criminal procedure law and the practice of its application: Proceedings of the international remote scientific and practical conference. Karaganda: Kyui Ministry of Internal Affairs of the Republic of Kazakhstan named after. B. Beisenova. – 2009. – P. 7-13.
9. Pashin S. A. Evidence in the Russian criminal process. – M.: Complex-Progress, 1999. – 390 p.
10. Savitsky V. M. Recent changes in the Code of Criminal Procedure: the continuation of the democratization of legal proceedings (introductory article to the Code of Criminal Procedure of the RSFSR). Criminal Code of the RSFSR. Code of Criminal Procedure of the RSFSR. – M., 1994. – P. 184.
11. Stetsovsky Yu. I., Larin A. M. The constitutional principle of providing the accused with the right to defense. – M.: Nauka, 1988. – 320 p.
CRIMINAL PROCEDURE
LAGAEVA Elzyata Konstantinovna
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
ALYAEV Alexander Basangovich
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
FUNCTIONS OF THE JURY COURT AS A SOCIAL AUTHORITY
Within the framework of this article, the main functions of the jury court as a social authority are studied and analyzed. Attention is drawn to the current functions of the social power of the jury in modern Russia aand foreign countries. The classification of jury functions is given both in the historical aspect and at the present stage. In addition, an attempt is made to draw comparative parallels of the Russian jury trial with its foreign counterparts. The article shows how the need affected to implement the functions of the jury the peculiarities of their legal regulation in domestic legislation.
Keywords: court, jury, law, functions, socialization, social power.
References
1. Kireeva E. A. Jury as a special social institution of the Russian state power (historical and legal analysis): Abstract of the thesis. dis. … candidate of legal sciences. – Vladimir, 2006.
2. Kostenko N. S. Stages of formation and development of the institution of jury trial in Russian criminal proceedings // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (93).
3. Kupryashina E. A., Cherkasova E. A. Participation of citizens in the administration of justice in Russia and foreign countries // Problems of law enforcement. – 2018. – № 1.
4. 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.
5. 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.
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 the Ministry of Justice of Russia in the Republic of Kalmykia. – Elista, 2017.
7. Foinitsky I. Ya. The course of criminal proceedings. T. 1. – St. Petersburg, 1896.
CRIMINAL PROCEDURE
TIKHANIN Illarion Viktorovich
postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
PERMISSIVENESS AS A WAY OF LEGAL REGULATION OF ANTI-CORRUPTION STANDARDS IN CRIMINAL PROCEEDINGS
The article considers permits as a way of legal regulation of anti-corruption standards in criminal proceedings. The author’s classification of criminal procedural permissions is given. Based on the analysis of the legal regulation of permits, in the course of criminal proceedings, the author concludes that the implementation of anti-corruption standards in the field of procedural legal relations under consideration, by establishing a unified system of prohibitions, restrictions and permits , contributes to achieving a balance of the legitimate interests of the prosecution and the defense.
Keywords: criminal proceedings, anti-corruption standards, corruption, criminal procedural permits, criminal case, participants in criminal proceedings, legal ways to counter corruption, classification.
References
1. Pashentsev D. A., Truntsevsky Yu. V., Tsirin A. M. et al. Anti-corruption education in the Russian Federation: a scientific and practical guide / Ed. ed. T. Ya. Khabrieva. – M.: Prospekt, 2021. – 144 p.
2. Artemov V. Yu., Vlasov I. S., Golovanova N. A. et al. Fighting corruption in law enforcement agencies abroad: monograph / Ed. ed. I. S. Vlasov, S. P. Kubantsev. – M. INFRA-M, IZiSP, 2018. – 320 p.
3. Astafiev Yu. V. Norms-permissions in the Russian criminal process // Judicial power and criminal process. – 2016. – No. 1. – P. 102-108.
4. Tsirin A. M., Truntsevsky Yu. V., Sevalnev V. V. Evaluation of corruption risks in federal executive bodies: a methodological guide. – M.: Prospekt, 2019. – 112 p.
5. Vlasenko N. A., Gracheva S. A., Rafalyuk E. E. Legal basis for combating corruption: textbook / Ed. ed. N. A. Vlasenko. – M.: IZiSP; Publishing House “Jurisprudence”, 2013. – 344 p.
6. Theory of state and law / Ed. N. I. Matuzova, A. V. Malko. – M., 2004. – S. 453.
7. Tikhanin I. V. Moral values of prohibition as the main method of legal regulation of anti-corruption standards in criminal proceedings // Bulletin. State and law. – 2022. – No. 3 (34). – P. 82-87.
8. Tikhanin I. V. On the role of the principles of criminal justice in the implementation of anti-corruption standards in the course of proceedings // Society and Law. – 2022. – No. 4 (82). – P. 62-67.
9. Tikhanin I. V. Implementation of the principle of recognition, provision and protection of human and civil rights and freedoms in Russian criminal proceedings (humanistic and anti-corruption aspects) // Eurasian legal journal. – 2023. – No. 2 (177). – P. 295-297.
10. Tikhomirov Yu. A. Legal regulation: ttheory and practice. – M., 2000. – S. 380.
11. Frantsiforov Yu. V. Permission as a way of legal regulation in criminal proceedings // Transformation of law and law enforcement in the context of the development of digital technologies in Russia, CIS countries and the European Union: problems of legislation and social efficiency: Materials of the VI International Scientific and Practical Conference of Teachers , practitioners, students, undergraduates, graduate students (SSU named after N. G. Chernyshevsky), Saratov, April 12, 2019. – Saratov: Publishing house “Saratov source”, 2019. – P. 332-335.
12. Artemov V. Yu., Golovanova N. A., Gorenskaya E. V. et al. Criminal law protection of the financial and budgetary sphere: scientific and practical guide / Ed. ed. I. I. Kucherov, O. A. Zaitsev, S. L. Nudel. – M.: IZiSP: Law Firm Contract LLC, 2021. – 284 p.
13. Khabrieva T. Ya. Corruption and law: doctrinal approaches to problem setting // Journal of Russian law. – 2012. – No. 6. – P. 5-17.
14. Epihin A. Y., Mishin A. V., Aliyeva G. I. [et al.] Anti-corruption the criminal procedure legislation of Russia // Humanities and Social Sciences Reviews. – 2019. – Vol. 7. No. 5. – P. 646-649. – DOI 10.18510/hssr.2019.7574.
CRIMINAL-EXECUTIVE LAW
VASILJEVA Yuliya Anatoljevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia, senior operative of the Department of Internal Security of the FPS of Russia for the Republic of Khakassia, major of internal service
CAUSES OF MASS RIOTS (ON THE EXAMPLE OF THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION, THE REPUBLIC OF BELARUS AND THE REPUBLIC OF KAZAKHSTAN)
The article discusses the causes and conditions of mass riots committed by convicts held in institutions and pre-trial detention centers (on the example of the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan). Examples of mass riots that caused a great public outcry in the media are given. There are 2 groups of factors that are the main causes of mass riots in penitentiary systems. The influence of internal and external factors on the emergence of this criminal social phenomenon from the author’s point of view.
Keywords: mass riots, causes of mass riots.
References
1. Nekrasov A.P. Causes and conditions of mass riots in correctional conditions in Russia. // Bulletin of the Institute of Legislation of the Republic of Kazakhstan. – 2011. – No. 2 (22). – P. 41.
2. Tkachenko N. I., Epifanov S. S., Lyadov E. V. Legal and organizational aspects of the use of special, forensic technical means and methods in the disclosure, investigation and prevention of escapes from places of deprivation of liberty. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2011. – P. 10.
3. Krymov A. A., Akchurin A. V., Novikova L. V., Nazarkin E. V., Lyadov E. V., Terekhov Yu. substances in IU: pract. rec. / A. A. Krymov [and others]. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2015. – P. 11-19.
CRIMINAL-EXECUTIVE LAW
GORBAN Dmitriy Vladimirovich
Ph.D. in Law, Head of Organization of execution of punishments sub-faculty of the Faculty of Law of the University of the FPS of Russia
THE CONCEPT OF RE-SOCIALIZATION OF CONVICTS: ANALYSIS OF SCIENTIFIC APPROACHES
The article discusses various theoretical approaches to the concept of resocialization of convicts. The content and features of the legislative concept of “resocialization of convicts” are revealed. An attempt has been made to determine the legal nature of the resocialization of convicts and to determine its place in the system of related legal institutions.
Keywords: resocialization, convicts, correction, social adaptation, approbation, progressive system.
References
1. Borsuchenko S. A. Resocialization and social adaptation of convicts to deprivation of liberty: concept, content, legal regulation // Legal Bulletin of Samara University. – 2018. – V. 4. No. 2. – S. 74-79.
2. Gorbach D. V., Gorban D. V. On the concept of resocialization of convicts: modern approaches. In the collection: Institute for resocialization of convicts: state, problems and development prospects. Collection of materials of the All-Russian scientific-practical conference. – 2017. – P. 31-34.
3. Pomnina S. N., Lavrushkina A. A. The expediency of introducing forced labor as a type of criminal punishment from the standpoint of theory and practice // Bulletin of the Volga University. V. N. Tatishcheva. – 2017. – No. 4. – P. 227-233.
4. Predov T.Resocialization of recidivist criminals: Ph.D. dis. … cand. legal Sciences. – M., 1978.
5. Rodneva A. Yu. Problems of resocialization of convicts // Actual problems of penitentiary science and practice. – 2022. – No. 1 (17). – P. 37-39.
6. Smirnov I. A. Pre-initial (starting) stage of resocialization of positively characterized convicts. In the collection: Problems of appointment and execution of criminal penalties in Russia and abroad. Collection of materials of the round table of the international scientific-practical conference. Under the general editorship of V. N. Nekrasov, I. A. Yanchuk. – 2018. – S. 278-283.
7. Trubnikov V. M. Social adaptation of those released from punishment: dis. … doc. legal Sciences. – Kharkov, 1991.
8. Fomin V. V., Lukyanova E. A. On some stages of resocialization of convicts in correctional institutions and measures taken to improve its effectiveness // Man: crime and punishment. – 2023. – T. 31 (1-4). – No. 1. – S. 160–166. DOI: 10.33463/2687-1238.2023.31(1-4).1.160-166.
CRIMINAL-EXECUTIVE LAW
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Regime and security in the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
PREVENTION OF THE SPREAD OF CRIMINAL SUBCULTURE IN CORRECTIONAL INSTITUTIONS OF THE PENAL SYSTEM
The article examines the actual ways and methods of preventing the spread of criminal subculture in correctional institutions of the penal system. Historically, the prison system as a whole is represented by a set of rules, both legislative and informal, regulating the interpersonal relations of convicts, dividing them into castes and establishing special procedures for serving sentences. Employees of the educational and psychological service, together with the security department, carry out various activities that, through joint use, can reduce the level of criminogenic infection.
Keywords: penitentiary system, prison staff, criminal subculture, preventive measures, convicts.
References
1. Blokhin Yu. I. Organizational and legal measures to neutralize the negative impact of negative groups of convicts in prisons: dis. … cand. legal Sciences. Rostov n / a, 1999. – S. 33-34.
2. Kolesnikov E. Behind bars. 2014. – No. 1. – Press Courier Publishing House. – P. 47.
3. Tagantsev N. S. Russian criminal law: lectures. – Part General. – St. Petersburg, 1902. – T. I. – S. 911.
4. Foinitsky I. Ya. The doctrine of punishment in connection with prison science. – St. Petersburg, 1889. – S. 392.
5. Yadrintsev N. M. Russian community in prison and exile. – St. Petersburg, 1872. – 754 p.
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor, associate professor of Regime and security in the penal system sub-faculty of the Samara Law Institute of the FPS of Russia
PROBLEMS OF THE APPLICATION OF PENALTIES AND REWARDS BY PERSONNEL OF THE FPS TO CONVICTS SERVING SENTENCES IN PLACES OF DETENTION
This article discusses the history of the creation of legal acts regulating penitentiary relations, as well as the results of its reform to the present. The main emphasis is made on changes, as well as on the current regulatory regulation of the procedure for serving sentences. Despite the periods that are characterized by torture and other physical coercion, it can be said that society was moving towards the humanization and humanization of the penitentiary system. The historical periods we have considered testify to the consideration of past experience and continuity.
Keywords: penitentiary system, Federal Penitentiary Service of Russia, penitentiary legislation.
References
1. Analytical report on the state of criminal policy in the Russian Federation // On the legislative support of criminal law policy in the Russian Federation: collection of materials / Edition of the Federation Council. – M., 2018. – 258 p.
2. Reforming the penitentiaryAdditional system: theoretical project. – Moscow; Ryazan: APU FSIN RF, NII FSIN RF, 2009.
3. Nazarov S. V. Legal culture as one of the factors in the prevention of penitentiary crime. // Problems of crime: traditional and non-traditional approaches. – M.: Russian Criminological Association, 2003.
CRIMINAL-EXECUTIVE LAW
SKOBELEVA Oksana Olegovna
Ph.D. in pedagogical sciences, Head of Philosophy and all-humanitarian disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
PROGRAMS FOR DERADICALIZATION OF CONVICTS IN CORRECTIONAL INSTITUTIONS
This article considers some recommendations for the formation of programs for convicts to remove them from participation in destructive organizations. Deradicalization is an attempt to carry out a process that results in convicts, participants in destructive cults, changing their attitudes towards the use of violent means or the pursuit of extremist targets. The programs discussed in this article are aimed at creating structures by which the number of active terrorists in penitentiary institutions in different countries can be reduced, helping individuals to abandon radical ideas and facilitate their reintegration into society.
Keywords: deradicalization, destructive cults, convicts, penitentiary institution, programs.
References
1. Bedzhanova T. V. Counteraction to religious extremism in France: legislative regulation, interaction of authorities // Legal Bulletin of the Dagestan State University. – 2014. – № 3. – P. 57-60.
2. Stephen Hassen. Liberation from psychological abuse. – St. Petersburg: Prime-EVROZNAK, Neva Publishing House, 2001. – P. 310.
3. The French manual is the result of a joint initiative by France, Germany and Austria during the French Presidency of the European Union in 2008.
4. Prisons and Terrorism. Radicalisation and De-radicalisation in 15 Countries, 2010. – 68 p.
CRIMINAL-EXECUTIVE LAW
TOLCHENKINA Marina Eduardovna
Ph.D. in Law, senior researcher of the Research Department of the Scientific Center of the Academy of the FPS of Russia
PROBATION IN RUSSIA: LEGAL FOUNDATIONS AND DEVELOPMENT PROSPECTS
This article discusses the issues of the formation and development of the probation system in Russia, taking into account the main provisions of the Decree of the Government of the Russian Federation dated April 29, 2021 No. 1138-r “On the Concept of the development of the penal system of the Russian Federation for the period up to 2030” and Federal Law No. 10-FZ dated February 6, 2023 “On probation in the Russian Federation”; on the basis of official statistics of law enforcement agencies of Russia, modern crime indicators in the country are given; the main stages of the development of an effective probation system for the period up to 2030 are outlined; the classification of probation depending on its types (executive, penitentiary and post-penitentiary) is investigated.
Keywords: penal enforcement system, probation, recidivism, resocialization, social adaptation and rehabilitation, types of probation (executive, penitentiary, post-penitentiary).
CRIMINAL-EXECUTIVE LAW
VASILJEVA Yuliya Anatoljevna
adjunct of the Faculty of Training of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia, senior operative of the Department of Internal Security of the FPS of Russia for the Republic of Khakassia, major of internal service
MASS RIOTS IN MODERN RUSSIAN SOCIETY. COMMON SIGNS, DIFFERENCES OF MASS RIOTS COMMITTED IN CORRECTIONAL INSTITUTIONS AND PRE-TRIAL DETENTION CENTERS
The article discusses the concepts, causes of mass riots in civil society, as well as some factors that contribute to the emergence of mass riots in correctional institutions of the penal system of Russia. The author reveals the commonality of signs and differences of riots taking place on the territory of penitentiary institutions from mass riots committed as a whole.
Keywords: mass riots, convicts, special agent, correctional institution, pre-trial detention center.
References
1. Bagmet A. M., Khmeleva A. V. Peculiarities of conducting inspections during the investigation of mass riots // Russian investigator. – 2022. – № 4.
2. Agapov P. V. Armed rebellion: some aspects of the criminal law characteristics and improvement of legislation // Laws of Russia: experience, analysis, practice. – 2013. – No. 10. – P. 66-70.
3. Khokhrin S. A. Mass riots committed by convicts in correctional institutions: criminal law and criminological aspects: author. dis. … cand. legal Sciences. – M., 2011. – S. 10.
4. Tkachenko N. I., Epifanov S. S., Lyadov E. V. Legal and organizational aspects of the use of special, forensic technical means and methods in detecting, investigating and preventing escapes from places of deprivation of liberty. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2011. – P. 10.
5. Engibaryan VG Some features of the occurrence and commission of mass riots // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – № 7.
6. Kulev A. G., Kuleva L. O. Armed rebellion: questions of composition improvement // Actual problems of criminal law at the present stage (questions of differentiation of responsibility and legislative technique). – 2021. – No. 10. – P. 22.
7. Zhukova S. S. Criminal law characteristics of mass riots and armed rebellion // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 2 (60). – P. 158-159.
CRIMINALISTICS
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
KAIRGALIEV Daniyar Vulkairevich
Ph.D. in biological sciences, associate professor, expert of “Expert Technologies and Product Certification” LLC
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE SPECIFICITY OF THE PARTICIPATION OF THE SPECIALIST-CRIMINALIST IN THE EXAMINATION OF THE EXPLOSION SITE
During the conduct of a special military operation, there is a galloping increase in the number of criminal explosions carried out using explosive devices of various designs and the use of explosives. The danger of terrorist acts and criminal explosions, the implementation of which involves not only the destruction of property and material values, but also the death of people, seems to us to be serious. This article discusses the features of the action of a forensic specialist at the scene of an explosion related to the explosion, his role in this investigative action and the assistance that he can provide to the investigator in investigating the fact of the explosion.
Keywords: forensic specialist, special knowledge, explosion site, terrorist act, inspection of the scene, explosive device.
References
1. Gaikin M. S. Actual issues of ensuring the production of explosive forensic examinations and individual investigative actions with the participation of an expert in explosives // Legal Science and Law Enforcement Practice. – 2022. – No. 4 (62). – S. 105-114.
2. The Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on May 24, 1996) (as amended on June 13, 2023) (with amendments and additions as of June 24, 2023).
CRIMINALISTICS
MASHKOV Sergey Alexandrovich
Ph.D. in Law, associate professor of Criminalistics, forensic examinations and legal psychology sub-faculty of the Institute of Justice of the Baikal State University
INFLUENCE ON THE INTEGRITY OF A PERSON IN THE PROCESS OF INVESTIGATIVE ACTIONS
The article examines the possibilities of influencing the honesty of participants in criminal proceedings in the process of carrying out investigative actions. The results of a research experiment on the hidden influence through ethical discourse on the unconscious components of the human psyche in order to induce a person to truthful testimony are presented. The author substantiates the conclusion about the possibility of actualization of the particular in the conditions of ethical discourse and its implementation in the practical activities of the investigator and other authorized persons in the process of carrying out investigative actions.
Keywords: lie detection, honesty enhancement, discursive influence on the unconscious.
References
1. Kondakov N.I. Lies. Logical dictionary-reference book. – 2nd ed., Rev. and additional – Moscow: Nauka, 1975. – 720 p.
2. Harris S. Lies. Why it’s always better to tell the truth. – Moscow: Litagent “Alpina”, 2015. – 90 p.
3. Myasnikov A. G. The right to lie as a trap for freedom // POLIS. political research. – 2017. – No. 5. – P. 174-186.
4. Mashkov S. A. Discursive influence on the honesty of participants in legal relations // Personality, society and the statein the legal dimension: Proceedings of the national scientific-practical conference. – Irkutsk, 2021. – P. 310-316.
5. Lenets A. V. The structure and functions of lies from the standpoint of linguistics. News of the Volgograd State Pedagogical University. – 2008. – No. 7 (31). – P. 15-19.
6. Panasyuk A. Yu. And what is in his subconscious? (Twelve lessons on the psychotechnology of penetration into the subconscious of the interlocutor). – Moscow: Delo, 2002. – 272 p.
7. Psychology. Dictionary / Under the general. ed. A. V. Petrovsky, M. G. Yaroshevsky. – 2nd ed., Rev. and additional – Moscow: Politizdat, 1990. – 494 p.
8. Freud Z. Favorites. Book. 1. – Moscow: Moscow worker with a joint Soviet-West German enterprise “All Moscow”, 1990. – 160 p.
9. Nalimov VV Probabilistic model of the unconscious // Psychological journal. – 1984. – No. 6. – P. 112-117.
10. Bormotov A. A. Development and testing of methods for diagnosing honesty as a stable personality trait // Psychology. HSE Journal. – 2008. – No. 3. – P. 123-136.
11. Kolesov VV Life comes from the word. – Moscow: Litagent “Zlatoust”, 1999. – 368 p.
12. Orlova N.V. Ethical discourse of modern regional newspapers // Medialinguistics. – 2013. – No. 12. – P. 76-80.
13. Orlova N. V. Discursive-stylistic evolution of the media concept: life cycle and world-modeling potential: dis. … doc. philosophy Sciences. – Tomsk, 2012. – 423 p.
14. Andreeva E. I. The principle of freedom in modern neo-Kantianism: ethical discourse // Socio-economic and technical systems: research, design, optimization. – 2006. – No. 15. – P. 7-8.
15. Olyanich A. V. Linguistic semiotics of ethical interaction: sign, word, text (discourse) // Actual problems of philology and pedagogical linguistics. – 2014. – No. 16. – P. 218-238.
CRIMINALISTICS
NIZAEVA Svetlana Ramilevna
Ph.D. in Law, Deputy chief of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
IDENTIFICATION OF FALSE TESTIMONY DURING INVESTIGATIVE ACTIONS THROUGH THE USE OF PROFILING THE IDENTITY OF THE INTERROGATED
The article examines the relevance of the use of forensic profiling during the interrogation of participants in criminal proceedings, as one of the methods of forensic detection of false testimony during disclosure and investigation. The author describes verification – the process of confirming the authenticity or falsity of data obtained during interrogation, examines the elements of verification, their significance for establishing the truth in a criminal case. It is proposed to trace correlations between the characteristics of the personality of a suspect in a crime and his choice of ways to counteract the investigation, distortion of the circumstances of the committed act.
Keywords: profiling, investigative actions, forensic lie detection, verification, identity of the suspect, microexpressions, crime investigation.
References
1. Madyanov A. V., Vasilyeva N. Yu., Bolkhovitina S. N. Using profiling and verification methods during preliminary investigation // Legal Concept. – 2022. – S. 23-25.
2. Cherkasova E. S. Profiling as a method of creating a psychological portrait of a potential criminal at the stage of organizing a preliminary investigation // Young scientist. – 2023. – S. 25-27.
CRIMINALISTICS
NUGAEVA Elvira Damirovna
Ph.D. in Law, associate professor, Head of Criminalistics sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Administration under the Head of the Republic of Bashkortostan
FORENSIC CHARACTERISTICS OF CORRUPTION CRIMES COMMITTED BY EMPLOYEES OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION
For Russia, corruption is one of the most serious problems hindering the solution of economic, social and other problems. Corruption, as a phenomenon, hints the development of the State apparatus, undermines the authority of the State and reduces the level of legal awareness of citizens. The articles conducts a study of elements of the forensic characterization of crimes of corruption committed by officers of internal affairs agencies. On the example of bribery-related crimes, the analysis of such elements of forensic characteristics as the environment and methods of committing crimes, the identity of the offender, the mechanism of investigation was carried out. It is concluded that the analysis of its elements and correlation links between them, contributes to the selection of a rational course of pre-trialinvestigation.
Keywords: corruption, internal affairs officers, forensic characteristics, criminal liability.
References
1. In Udmurtia, a former policeman was convicted for corruption crimes in the provision of funeral services. – [Electronic resource]. – Access mode: https://udm-info.ru/news/2023-04-03/esche-odin-byvshiy-politseyskiy-osuzhden-za-korruptsionnuyu-svyaz-s-ritualnym-biznesom-2892777 (date of access: 20.05 .2023).
2. The traffic police inspector in the Ivanovo region received a term for staging an accident. – [Electronic resource]. – Access mode: https://news1ivanovo.ru/post/inspektor-gibdd-v-ivanovskoy-oblasti-poluchil-srok-za-inscenirovku-dtp (date of access: 05/20/2023).
3. Kalashnikov I. V. Assessment of the current state of corruption in the internal affairs bodies of the Russian Federation // Legal and organizational foundations for combating corruption in law enforcement agencies: international and Russian experience: a collection of scientific papers. – M .: Mos.univer of the Ministry of Internal Affairs of Russia. – 2022. – P. 91-95.
4. Nikitina I. E., Nersesyan M. G., Sharapova I. D. Situational approach to the prevention of corruption crimes: forensic aspect // Theory and practice of forensic science. – 2019. – No. 3. – T. 14. – S. 90-99.
5. Assessment of the level of corruption in bodies, organizations, divisions of the Ministry of Internal Affairs of Russia and the effectiveness of anti-corruption measures taken: an analytical review. M.: VNII MIA of Russia. – 2022. – 41 p.
6. Potapov I. N., Bertovsky L. V. Methods of committing corruption crimes in the non-state sector of the economy and methods of their detection // Problems of Economics and Legal Practice: Journal. – M.: Yur-VAK, 2017. – No. 3. – P. 155-162.
7. Law enforcement officers entered into the funeral business. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4968113 (date of access: 20.05.2023).
8. Putin called for a resolute fight against corruption and protection of information resources: Politics: Russia: Lenta.ru. – [Electronic resource]. – Access mode: https://www.news/2022/12/20/putin_korrupcia/?ysclid=lgzc82hsbp28404185 (accessed 20.04.2023).
9. Statistics of corruption in Russia for 2022. The state of crime in Russia. – [Electronic resource]. – Access mode: https://komiss-korrup.ru/ (date of access: 05/23/2023).
10. Khalikov A. N. Operational-search activity to combat corruption crimes committed by government officials / 2nd ed., corrected. and additional – M.: RIOR: INFRA-M, 2013. – 342 p.
11. Tsepelev V. F., Martynenko N. E., Ishchuk Ya. G., Anosov A. G., Smolyaninov E. S. Organization of anti-corruption: a tutorial. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. – P. 68.
12. Divaeva I. R., Asmandiyarova N. R., Nugaeva E. D. et al. Countering corruption: criminal law, criminological, criminal procedure and forensic aspects. – Ufa, 2021. – 160 p.
CRIMINALISTICS
KHOREV Mikhail Vladimirovich
senior lecturer of Forensic science and customs sub-faculty of the Institute of Law and Management of the Tula State University
THE PROBLEM OF DETERMINING THE SOURCE OF INCREASED DANGER FOR THE PURPOSES OF FORENSICS
The article deals with the formation of mechanisms of careless crimes associated with sources of increased danger. The author’s classification of the mechanisms of this group of crimes is given. In addition, the features of the commission of careless crimes associated with sources of increased danger are indicated, in particular, the special role of the pre-criminal situation is noted. It is concluded that the mechanism of a careless crime provides an opportunity to understand the dynamic (temporal, sequential, situational, pre-criminal) side of the event.
Keywords: source of increased danger, complex technical system, careless crimes, crime mechanism, pre-criminal situation, criminal situation.
References
1. Bakhin V.P. Criminalistics. Problems and opinions (1962 – 2002). – Kyiv, 2002.
2. Belkin R. S. Criminalistics. Textbook for universities of the Ministry of Internal Affairs of the USSR. – M., 1987. – P. 6.
3. Golunsky S. A., Shaver B. M. Criminalistics. Methods of investigation of certain types of crimes. – M., 1939. – S. 25.
4. Grigoriev VN Investigation of crimes in emergency conditions. Diss. … Dr. jurid. Sciences. – M., 1993. – 546 p.
5. Gromov V. Material truth and scientific-criminal technique. – M., 1930. – S. 10.
6. Gromov V. Methods of investigating crimes. – M., 1929. – P. 49.
7. Evgeniev M. E. Methods and techniques for investigating crimes. – Kyiv, 1940. S. 29-31.
8. Kustov A. M. Forensic theory of the mechanism of crime. Diss. … doc. legal Sciences. – M., 1997. – 355 p.
9. Petrukhina O. A. investigation of environmental crimes. Tutorial. – M., 2015. – S. 23-27.
10. Popov E. A. Investigation of road traffic crimes committed with the participation of heavy vehicles. Abstract … cand. legal Sciences. – Kaliningrad, 2018. – P. 9, 15.
11. Yakimov I. N. Decree. slave. – P. 72-79.
CRIMINALISTICS
IGNATOV Dmitriy Andreevich
adjunct of postgraduate education of the Nizhny Novgorod Academy of the MIA of Russia
INSPECTION OF AN INTERNET-RESOURCE AS A WAY OF FIXING ELECTRONIC TRACES OF CRIMES WITH USING INFORMATIONAL AND TELECOMMUNICATIONAL TECHNOLOGIES
This article examines the investigative action “Inspection of an Internet-resource” from the position of fixing traces of crimes committed with using informational and telecommunicational technologies. The issues of the criminalistics component of this investigative action are also raised. The article analyzes the practice of using this type of inspection by investigative authorities on the example of the Ryazan region. The effectiveness of this investigative action is noted. Based on practice of using and the opinions of scientists, proposals are put forward on the procedure and tactic of conducting this type of inspection in the key of its optimization.
Keywords: inspection of an Internet-resource, crimes with using informational and telecommunicational technologies, fixing traces of a crime, criminalistical tactic.
References
1. Gerasimenko N. I., Gerasimenko E. V. Contents of the Internet resource inspection protocol // Law and Law. – 2020. – No. 6. – P. 165-166.
2. Denisov E. A. Screenshots in the system of criminal procedural evidence: questions of theory and practice // Issues of student science. – 2017. – No. 15. – P. 179-183.
3. Pershin A. N. Inspection of network information resources – a new type of investigative action? // Russian investigator. – 2020. – No. 1. – P. 13-16.
CRIMINALISTICS
ZADOROZHNY Artem Anatoljevich
competitor of Criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
SPECIFICS OF EXPERT EXAMINATIONS IN THE INVESTIGATION OF OFFENCES INVOLVING RADIO-CONTROLLED EXPLOSIVE DEVICES
The present work is relevant due to the fact that since the beginning of the special military operation on the territory of the Russian Federation the number of crimes involving the use of TLDs has increased. The purpose of the study: to analyze the peculiarities of expert examinations in the investigation of crimes in the course of which RWU were used. The material basis of the study was formed by the works of the following authors: V. A. Ruchkin, M. V. Bobovkin, O. S. Leinova, V. R. Lebedev and others. In addition, the regulatory legal acts of the Russian Federation were analyzed.
Keywords: expertise, explosive device, radio electronics, smartphone, digital trace, explosion engineering.
References
1. Lebedev V. R., Bachieva A. V. Vzryvotekhnicheskaya forensics as an element of forensic explosives // In the collection: Scientific heritage of forensic scientists of St. Petersburg. All-Russian Scientific and Practical Conference, dedicated to the 85th anniversary of I. A. Vozgrin and V. S. Burdanova. – 2014. – P. 147-150.
2. Leinova O. S., Bruevich M. Yu. Some issues of appointment and conduct of explosive expertise. // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 122-123.
3. Ozhegov S. I. Dictionary of the Russian language / Ed. Corresponding Member Academy of Sciences of the USSR N. Yu. Shvedova. 18th ed. – M.: Rus. lang., 1986. – 787 p.
4. Polyakov VV Carrying out forensic computer-technical expertise. // Proceedings of the Altai State University. Barnaul. – 2014. – No. 1. – P. 140-143.
5. Ruchkin V. A., Bobovkin M. V., Solovieva N. A. On the place of explosive and other examinations in the system of forensic examinations (controversial issues of their classification) // Forensic examination. – 2020. – No. 2 (62). – P. 27-37.
6. Forensic examinations in criminal proceedings: a textbook for universities / N. N. Ilyin and others; executive editor N. N. Ilyin. – Moscow: Yurayt Publishing House, 2023. – 212 p.
7. Usachev S. I. Possibilities of radio engineering expertise in the investigation of theft of funds and bank cards // Criminalistics: yesterday, today, tomorrow. M., 2018. – No. 1. – P. 52-56.
8. The FSB solved the murder of Daria Dugina. [Electronic resource]. – Access mode: https://lenta.ru/articles/2022/08/22/dugina/ (date of access: 08/04/2023).
CRIMINOLOGY
ZADOROZHNY Artem Anatoljevich
competitor of Criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
ON CERTAIN ASPECTS OF INCREASING THE ANTI-TERRORIST SECURITY OF OBJECTS OF MASS VISITATION OF PEOPLE
The article analyzes the legal problems of using such a technical and forensic means as a radio-controlled explosive device blocker. The paper also gives the author’s definition of such a concept as a “DITCH blocker”. In conclusion, it is proposed to make some changes, some of which will take into account the procedure for registering and obtaining permission to use RVU blockers, which will allow adjusting the procedure for their use in certain conditions. The article also presents a number of other recommendations in order to increase the anti-terrorist security of objects of mass visits of people. In particular, interdepartmental complex interaction aimed at the preventive development of the anti-terrorist criminal policy of the state.
Keywords: anti-terrorist security, radio-controlled explosive devices, technical and forensic means.
References
1. Kotkin P. N. Investigation of emergency situations related to explosions, fires and incapacitation of vehicles: monograph. – Moscow: Academy of Law and Administration of the Ministry of Internal Affairs of Russia, 2004.
2. Zemlina O. M., Gaditsky M. M. Legal characteristics of the anti-terrorist protection of railway transport facilities // Transport Law and Security. – 2020. – No. 2 (34).
CRIMINOLOGY
NESTERENKO Andrey Vladimirovich
senior lecturer of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CAUSAL COMPLEX OF CRIMINAL VIOLENCE IN RUSSIA
The article examines the determinants of criminal violence in Russia. The author comes to the conclusion that negative socio-economic, cultural, moral and socio-psychological factors have a primary influence on their causes and conditions. At the same time, the first ones are caused by negative aspects of state policy in the socio-economic field. The second, expressed in deformations of the spiritual and moral sphere. Still others are manifested by the presence of psychological tension in society.
Keywords: crime, causes and conditions, determinants, criminal violence, negative factors.
References
1. Keidunova E. R. Determination and the main directions of the prevention of violent crimes // News of higher educational institutions. North Caucasian region. Social Sciences. – 2014. – № 5.
2. Kostina E. Yu., Orlova N. A. Socio-economic determinants of crime in modern Russian society // All-Russian criminological journal. – 2018. – T. 12. No. 6.
3. Dzhakhbarov Yu. A. Spiritual and moral reasons for committing crimes in modern conditions // News of higher educational institutions. Sociology. Economy. Policy. – 2015. – № 3.
4. Prozumentov L.M., Shesler A.V. General social determinants of crime // All-Russian criminological journal. – 2018. – T. 12. No. 1.
5. Skorobogatov A. V. Determinants of legal behavior // Justice/Justice. – 2021. – Vol. 3. No. 3.
6. Yakob E. I. Violent crime in Russia: criminological characteristics, determinants, trends and prevention // Bulletin of the Khabarovsk State University of Economics and Law. – 2020. – No. 3 (104).
CRIMINOLOGY
NESTEROVA Svetlana Sergeevna
Ph.D. in Law, associate professor of Department of Law of the Institute of Economics, Management and Law of the Moscow State Pedagogical University
CRIMINOLOGICAL ASPECTS OF ECONOMIC CRIME
The article presents the criminological aspects of economic crime, its qualitative and quantitative aspects are considered in sufficient detail, identified when analyzing the dynamics of crimes, the degree of growth/decline, latency coefficient, close relationship with other criminal manifestations, prevalence in the territory of the Russian Federation, the level of response to social transformations, etc. Based primarily on official statistics over the past few years, the author has found quite tangible negative trends in the dynamics of crimes committed in the economic sphere.
Keywords: economic crime, market relations, dynamics, the proportion of crimes in the economic sphere, trends in economic crime, quantitative and qualitative indicators of crime.
Pristateybibliographic list
1. Novoselova S. S. “Problems of qualification of crimes in the sphere of economic activity: textbook: in 2 hours – Part 1.- M .: MGPU, 2018.
2. Rudaya T. Yu. General characteristics of economic crime in Russia // Yurist-Pravoved. – 2015. – No. 2 (69).
PROSECUTION
SHOWA Oleg Nugzarovich
postgraduate student of Judicial power, civil society and law enforcement sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
PROSECUTOR’S SUPERVISION OVER PLACES OF DEPRIVATION OF LIBERTY
The article points out the importance of the study of the prosecutor’s supervision of places of deprivation of liberty. The great importance of the Prosecutor’s office in solving the problem of compliance with the requirements of Russian legislation, including in the framework of the activities of criminal correctional institutions, is noted. The definition of the prosecutor’s supervision of places of deprivation of liberty is presented; its essence is considered, for which special attention is paid to the allocation of the subject of the relevant prosecutor’s activities. The necessity of improving the Russian legislation regulating the activities of the Prosecutor’s office in the Russian Federation, in particular, in the direction under study, is noted.
Keywords: prosecutor’s supervision, prosecutor, places of deprivation of liberty, penal correctional institutions, functions, legality, citizens’ rights, criminal proceedings, convicts.
References
1. Demina E. P. On the issue of the concept, goals, functions and legal status of the ombudsman // Collection of articles of the International Scientific and Practical Conference “Law enforcement and human rights activities: yesterday, today, tomorrow” (Moscow, November 13, 2020) – 2020. – P. 63-69.
2. Demina E. P., Sangadzhieva K. V. Influence of legal consciousness on the content of guarantees of the rights and freedoms of citizens in the conditions of the development of the information society // Law and Management. – 2023. – S. 23-30.
3. Zhubrin R. V. Criminal prosecution as a function of the prosecutor’s office of the Russian Federation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2020. – No. 2. – P. 22-25.
4. Isaenko VN Public prosecution in the system of criminal procedure functions // Actual problems of Russian law. – 2019. – No. 1 (98). – P. 163-167.
5. Koreshnikova N. R. The functions of the prosecutor in the criminal process in the context of the constitutional principle of separation of powers // Siberian Legal Review. – 2022. – No. 4. – P. 97-105.
6. Kurilov M. V., Litvintseva N. Yu. Criminal prosecution as a function of the Russian prosecutor’s office // Global & regional research. – 2020. – V. 2. No. 1. – P. 616-619.
7. Nikitin E. L., Kustov M. N. Prosecutorial supervision over the execution of laws by the administrations of bodies and institutions executing punishment, places of detention of detainees and prisoners. – St. Petersburg, 2018. – 64 p.
8. Potapov D. V., Potapova L. V. The prospect of creating a digital platform in the activities of the prosecutor’s office of the Russian Federation // Crimean Legal Readings. Crime and society. – Simferopol, 2018. – T. 1. – P. 118-121.
9. Rizaeva D. E, Manna A. A. K. General characteristics of the circumstances excluding criminal liability in France and Germany // Bulletin of the Vladimir Law Institute. – 2016. – No. 4 (41). – P. 188-194.
10. Salimzhanov D. N. Essence and content of prosecutorial supervision in places of execution of criminal punishment in the form of deprivation of liberty // Bulletin of Economics, Management and Law. – 2019. – No. 2. – S. 29-35.
LAW ENFORCEMENT
ANIKEENKO Alexander Alexandrovich
Head of the Taganrog Law Enforcement Department of the MIA of Russia on transport, lieutenant colonel of police
UNIFIED STATE INFORMATION SYSTEM FOR ENSURING TRANSPORT SECURITY AS A MEANS OF INFORMATION AND TECHNICAL SUPPORT FOR OPERATIONAL INVESTIGATIVE ACTIVITIES AT TRANSPORT INFRASTRUCTURE FACILITIES
The article deals with the problems of information and technical support for the operational investigative activities of internal affairs bodies in transport in the context of their interaction with the Ministry of Transport of Russia. The article analyzes the problems of using the Unified State Information System for Ensuring Transport Security in the operational investigative activities of internal affairs bodies in transport. Particular attention is paid to the need for further development of information and technical support mechanisms for operational investigative activities at transport infrastructure facilities in view of the aggravation of threats to transport security in modern realities.
Keywords: operational and investigative activities, information and technical support for operational and investigative activities, transport security, internal affairs bodies in transport, unified state information system for ensuring transport security.
References
1. Chaptykov O. A., Kharitonov A. N., Mokhovikov O. V. Peculiarities of work of operational-search units of the transport police // Transport Law and Security. – 2021. – No. 3 (39). – P. 221-226.
2. Chetvergov A. V., Abramov A. Yu. The specifics of the organization of operational-search activities in the internal affairs bodies in transport // Jurisprudence in theory and practice: current issues and modern aspects: collection of articles of the IV International scientific and practical conference. – Penza, 2020. – P. 239-242.
3. Shakhmatov A. V., Sidorenko A. V. Operative records as an element of the information support system for the operational-search activity of the Internal Affairs Department // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2007. – No. 2 (34). – S. 87-91.
LAW ENFORCEMENT
VINOKUROV Vladimir Anatoljevich
Ph.D. in Law, professor of Theory and history of state and law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev Saint Petersburg University of the EMERCOM of Russia, Honored lawyer of the Russian Federation
SHMANTSAR Dmitriy Alexandrovich
investigator of the Department of Supervision and Preventive Work in the Karachevsky district of the Department of Supervision and Preventive Work of the Main Department of the Ministry of Emergency Situations of Russia in the Bryansk region
DESTRUCTION OR DAMAGE OF PROPERTY BY NEGLIGENCE: THE NEED TO DECRIMINALIZE THE COMPOSITION OR THE NEED TO CHANGE THE DISPOSITION AND SANCTIONS
The article is dedicated to the problems related to the criminal prosecution of individuals (citizens of the Russian Federation, foreign citizens and stateless persons) under Article 168 of the Criminal Code of the Russian Federation, referred to as “Destruction or damage to property by negligence”.
The analysis of the disposition of Article 168 of the Criminal Code of the Russian Federation was carried out, the problems related to the implementation by the investigators of the Federal Fire Service of the Ministry of Emergency Situations of Russia of the powers to form criminal cases in connection with the destruction or damage to property by negligence, including the issues of expertise and determining the amount of damage. In the scientific and practical sense, the article raises the issues of compliance with the fundamental principle of criminal law – the restoration of social justice.
In order to further decriminalize the crime provided for in Article 168 of the Crimi-nal Code of the Russian Federation as not having a great public danger, the authors formulated proposals to amend the said Code, as well as the Code of Administrative Offences of the Russia.
Keywords: Constitution of the Russian Federation; Criminal Code of the Russian Federation, Code of Criminal Procedure of the Russian Federation; investigator of the Ministry of Emergency Situations of Russia; destruction or damage to property by negligence; sources of increased danger; decriminalization.
References
1. Eliseev S. A., Chernousova A. V. Controversial issues of qualification of causing property damage under Art. 168 of the Criminal Code of the Russian Federation // Siberian Legal Bulletin. – 2018. – No. 1 (80). – P. 84-89.
2. Maystrenko G. A. To the question of the need to revise the concepts of “large damage”, “especially large damage” in the criminal legislation of Russia // Education and Law. – 2022. – No. 3. P. 279-283.
3. Lopashenko N. A. Cost expression of a large (especially large) amount of income, damage, debt in relation to crimes in the sphere of economic activity // All-Russian Criminological Journal. – 2021. – V. 15. No. 2. – S. 220-228.
4. Varlygin L. D. On the concept of a source of increased danger // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – № 2. – P. 34-36.
5. Solomina N. G. On the question of the relationship between the concepts of “source of increased danger” and “activity that creates increased danger to others” // Power of Law. – 2015. – No. 2 (22). – P. 61-69.
6. Koval S. P., Tsvetkov M. Yu. Destruction (damage) of property by negligence in the criminal legislation of Russia and foreign countries // Bulletin of the Ivanovo State University. – 2019. – No. 1 2. – P. 74-80.
7. Talanov N. A., Zorina E. A., Vakhmistrova S. I., Kozhevnikova N. A. On the issue of criminal liability for the destruction or damage to property through negligence // Society: politics, economics, law. – 2022. – No. 7. – P. 68-74.
LAW ENFORCEMENT
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training state and Municipal Employees of the Academy of the FPs of Russia
ANANJEV Oleg Gennadjevich
senior lecturer of social psychology and social work sub-faculty of the Academy of the FPs of Russia
SOCIAL GUARANTEES OF EMPLOYEES OF THE PENITENTIARY SYSTEM: CERTAIN ASPECTS OF MEDICAL SUPPORT
The article discusses the organization of certain areas of social security and social work with citizens and law enforcement officers. Changes in legislation and departmental regulatory legal acts leading to the separation of employees, the reissue of documents (medical records) without fail in the form of attachment to departmental polyclinics. The shortage of personnel of medical units, as well as the necessary medical equipment, does not fully ensure the organization of medical care, guaranteed not only by the basic law of the state, legislation on the basics of healthcare, but also by departmental regulatory legal acts. The absence and prohibition of the availability of compulsory health insurance policies for such a category of citizens prevents them from receiving medical services in other institutions on a free basis. The authors consider situations of non-provision of necessary services and give suggestions for changing the situation.
Keywords: legislation, social work, social security, medical care, protection of citizens’ rights.
Reference list
1. B. V. Aleksandrov, O. G. Anan’ev, E. O. Anan’eva, A. M. Andreev, V. N. Kazantsev, D. I. Kechil, A. A. Kozlova, and M. I. Kuznetsov, Tavtilova N. N., Kholopova E. Yu., Erlikhson I. M. Social guarantees for employees of the penitentiary system // Textbook in diagrams and tables. – Ryazan, 2022. – 285 p.
2. Ananyeva E. O., Abovyan E. P. Problematic issues of legal regulation of the organization of social work with employees of the penitentiary system // Agrarian and land law. – 2023. – No. 4 (220). – pp. 178-180.
3. Brylyakova E.S. Separate legal aspects of medical support for employees of the penitentiary system // Bulletin of the Kuzbass Institute. – 2021. – No. 4 (49). – pp. 163-176.
4. Ananyeva E. O., Makhiboroda M. N., Yunusova K. V. On the development of private medicine in conditions of restrictions and new risks // Bulletin of the Tomsk State University. Right. – 2023. – No. 47. – pp. 144-161.
5. Medical and sanatorium-resort support for personnel. – [Electronic resource]. – Access mode: https://fsin.gov.ru/structure/medicine/mols/. (date of access: 07/01/2023).
6. Decree of the Government of the Russian Federation of April 24, 2019 No. 491 “On the procedure for medical support for employees with special ranks and serving in institutions and bodies of the penitentiary system of the Russian Federation, customs authorities of the Russian Federation and the federal fire service of the State Fire Service, certain categories citizens of the Russian Federation dismissed from service in these institutions and bodies, the federal fire service of the State Fire Service, members of their families and dependents, in medical organizations of the penitentiary system of the Russian Federation, … – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/72131260/ (date of access: 07/01/2023).
LAW ENFORCEMENT
DEMIDOV Vladimir Pavlovich
Ph.D. in science philosophicals, associate professor of the Higher School of Law and Forensic Technical Expertise of Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROVA Anna Yurjevna
Ph.D. in political sciences, associate professor of Humanitarian Institute of Higher School of International Relations of Peter the Great St. Petersburg Polytechnic University
MELNIKOV Sergey Vladimirovich
Head of the legal group of Ruselprom-LZZ LLC
THE IMPACT OF DIGITALIZATION ON THE STATE OF CORRUPTION
Corruption is a dangerous deforming factor that negatively affects the development of the most important sectors of the national economy, which negatively affects the implementation of strategic tasks facing the state vertical of power to overcome the impact of corruption elements on the effectiveness of the implementation of public administration functions in certain areas of industry. The purpose of the study is to identify the features of corruption processes in the context of digitalization of the main aspects of the development of the public administration system. Within the framework of this article, the following methods are used: constructive-legal and formal-analytical. They logically correspond to the direction of this scientific development and are implemented in the complexity of approaches to the study and analysis of issues of scientific importance for the state of legal regulation of anti-corruption problems in our state. As a result of the analysis of the key points in the fight against corruption manifestations in the studied areas of the development of the national economic complex, specific features of the use of digital technologies that affect the forms of corruption impact have been identified. It has been established that digitalization creates new opportunities to overcome the influence of corruption in the implementation of the functions of state power in relation to specific areas of activity of modern Russian society.
Keywords: сorruption, corruption processes, anti-corruption, digitalization, digital technologies.
References
1. Kulagina N. A. Digital transformation monitoring as a condition for the strategic development of regional economic systems // Economic Sciences. – 2021. – No. 203. – P. 63-69. – DOI 10.14451/1.203.63. – EDN DCGTQQ.
2. Udaltsova N. L. Digital transformation of the economy // Economic sciences. – 2018. – No. 168. – P. 15-19. – EDN YYGDPF.
3. Abramov V. I. Contours of the anti-criminal and anti-corruption model for ensuring economic security based on digital technologies for supporting the economic activity of business agents // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 320‒323. – [Electronic resource]. – Access mode: https://doi.org/10.24412/2073-0454-2021-6-320-323 (date of access: 08/16/2023).
4. Statistics: GOVERNMENT EXPENDITURE, Accounts Chamber of the Russian Federation. – [Electronic resource]. – Access mode: https://spending.gov.ru/budget/fkr/02/?year=2022.
5. Nikitin A. N., Amonuloev Sh. P. Corruption crime in the execution of the state defense order in the interests of the Ministry of Defense of the Russian Federation (problem statement) // Military Law. – 2020. – S. 208.
6. Orlov A. V. Separate aspects of state policy in the field of counteraction to corruption crimes in the implementation of the state defense order // Vestnik MFYuA. – 2021. – No. 4. – P. 46-54.
7. Kabytov P. P. Analysis of the content and structure of the contract system in the field of procurement of goods, works, services to ensure state and municipal needs // Bulletin of St. Petersburg University. Right. – 2020. – 11 (3). – P. 601-624.
8. Petroshenko A. I., Palyukh A. I., Splender V. A. The use of automated systems in financing procurement to ensure the military-economic security of the state: problems and ways to solve them // Bulletin of Eurasian Science. – 2020. – No. 12 (2). – P. 60.
9. Yakovleva E. A., Tolochko I. A. Instruments and methods of digital transformation // Issues of innovative economics. – 2021. – Volume 11. – No. 2. – P. 415-430. – DOI: 10.18334/vinec.11.2.112016.
10. Altukhov A. V., Kashkin S. Yu., Molchanov N. A. Platform law of public-private partnership in the field of the military-industrial complex // Military Thought – 2021. – No. 10. – P. 11-20.
LAW ENFORCEMENT
CHERNOMOR Anna Dmitrievna
senior inspector of the Organizational-analytical department of the Academy of Management of the MIA of Russia
FORMATION OF THE MAIN DIRECTIONS OF COOPERATION BETWEEN THE MASS MEDIA AND INTERNAL AFFAIRS BODIES
The article examines the historical stages of the formation of the directions of interaction between the mass media and the internal affairs bodies. Statistical data are presented showing that with the development of information and digitalization processes, there is an increase in public confidence in the internal affairs bodies, which makes it possible to judge the effectiveness of the established and developing information dialogue between citizens and internal affairs bodies implemented through the mass media. Three main directions of improving the interaction between the internal affairs bodies and the media are identified.
Keywords: mass media, internal affairs bodies, interaction, communication corridor, public control.
References
1. Boeva M.A., Sergunova A.S. Mechanism for the implementation of public control over the activities of the police // Public control. Victimology. 2018. No. 4 (18). pp. 78-82. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mehanizm-osuschestvleniya-obschestvennogo-kontrolya-za-deyatelnostyu-politsii?ysclid=lkjr31ozoe27772903 (accessed 26.07.2023).
2. Komlev Yu. Yu. Optimization of the interaction between internal affairs bodies and the media in modern Russian society: dis. … doc. social Sciences: 22.00.04. Ufa, 2002. 372 p. [Electronic resource]. – Access mode: https://www.dissercat.com/content/optimizatsiya-vzaimodeistviya-organov-vnutrennikh-del-i-sredstv-massovoi-informatsii-v-sovre?ysclid=lkkx0cq5ck757705558 (date of access: 20.07.2023).
3. Namrueva E. V., Ilyanova O. I. Technology of interaction between internal affairs bodies and the mass media // Textbook. M. Academy of Management of the Ministry of Internal Affairs of Russia, 2021. 100 p.
4. Public Council under the Ministry of Internal Affairs of Russia. Report on the work of the Public Council under the Ministry of Internal Affairs of Russia for 2020-2022. [Electronic resource]. – Access mode: https://xn--n1ag.xn--b1aew.xn--p1ai/document/37311790 (date of access: 07/27/2023).
5. Talalaev A. N. Some aspects of the interaction of internal affairs bodies and the media on the protection of law and order in the Russian Federation. — Text: direct // Young scientist. 2020. No. 17 (307). pp. 238-240. [Electronic resource]. – Access mode: https://moluch.ru/archive/307/69141/ (date of access: 07/26/2023).
6. Kharkova O. M. Administrative reform in Russia [Electronic resource]: textbook; Orenburg state. un-t. Orenburg: OGU, 2019. 134 p.
SAFETY AND LAW
ABAZOV Islam Sultanovich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
MAGOMEDOV Murad Nasrullaevich
senior lecturer of Internal affairs activities in special conditions sub-faculty of the North-Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
INFORMATION SUPPORT AND PROPAGANDA OF TERRORISM
Today, social networks have become a powerful tool for manipulating the consciousness and behavior of young people, capable of effectively influencing public opinion, both in Russia and abroad. They present youth extremist associations with new opportunities to ensure the formation and functioning of “autonomous cells” – low-level and the foundations of any terrorist organization. To control large masses of people with the help of the media, fear is mainly exploited in order to mythologize the threat of terrorism in the public consciousness. This is a network of ideology of intimidation, creating the notorious “strategy of tension”, destabilizing not only the state, but also society. And despite some preventive measures taken by the Government and the State Duma of the Russian Federation, they are clearly insufficient in the light of the current situation to effectively counter the spread of terrorist ideology and its propaganda among young people, especially since its forms and types are becoming more diverse and dangerous every day. This work is devoted to the analysis of the causes of this phenomenon and suggestions for correcting the situation.
Keywords: terrorism, social networks, propaganda, special military operation.
References
1. Abazov I. S., Voskoboev A. I. Extremism and terrorism as products of globalization // Eurasian Law Journal. – 2021. – No. 8 (159). – P. 214-216.
2. Magomedov M. N. The nature and variability of modern terrorism // Eurasian legal journal. – 2022. – No. 7 (170). – P. 414-415.
3. Mkrtchyan A. A., Frizen I. A. Interethnic conflicts and national security of Russia // In the collection: Actual problems of strengthening legality and law and order in modern Russia. Materials of the All-Russian scientific-practical conference. Edited by V. Yu. Golubovsky, I. A. Burmistrov. Comp. I. Yu. Nikodimov. – Moscow, 2022. – P. 381-387.
4. Prosvirkina K. S., Khokhlov N. I. Factors causing the emergence and development of terrorism // In the collection: Actual problems of countering the ideology of terrorism and extremism in modern society. Materials of city scientific-practical conference. – 2018. – S. 148-150.
SAFETY AND LAW
GUNDERICH Galina Albertovna
Ph.D. in technical sciences, associate professor of State and legal disciplines sub-faculty of the Crimean Institute of Law (branch) of the University of the Prosecutor’s Office of the Russian Federation
CRIMES AGAINST THE PERSON COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
The article deals with crimes against the person committed using information and telecommunication technologies. Crimes in the field of computer information include a large number of criminal acts committed with the help of information and telecommunication technologies, including through the Internet. Over the past decades, computer crime has significantly transformed, covering more and more new spheres of public relations. In recent years, significant changes have been made to the Criminal Code of the Russian Federation to improve the effectiveness of combating crimes committed using computer technology. At the same time, these measures are not enough to successfully combat crimes of the type under study, since the legislator does not always have time to track changes in the vector of socially dangerous acts committed using information and telecommunications networks, which affects the quality of law enforcement and preventive activities.
Keywords: computer crimes, cyberbullying, crimes against the person, torrent tracker, information and telecommunication technologies, Internet.
References
1. Berry Dee, Christopher. Morris, Steven. Killers on the Web: True Stories of Internet Cannibals, Murderers and Sex Criminals. London: John Blake Publishing Ltd., 2006.
2. Internet homicide. [Electronic resource]. – Access mode: http://en.wikipedia.org/wiki/Internet_homicide#Notable_Internethomicide.
3. Murder by Internet: new cybercrimes emerging by 2014. [Electronic resource]. – Access mode: http://www.techjournal.org /2012/12/ murder-by-internet-new-cyber-crimes-emerging-by-2014/ 80.
4. Sashenkov S. A. Criminogenic influence of social networks on minors // Bulletin of the VI Ministry of Internal Affairs of Russia. 2015. No. 3.
5. Wu L., Du X., Fu X. Security threats to mobile multimedia applications: Camera-based attacks on mobile phones // IEEE Communications Magazine. 2014. No. 3. Vol. 52.
SAFETY AND LAW
DOSAKAEV Alimberdi Bazarbievich
senior lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
MIGRATION – NEW REALITIES OF OUR TIME: PROBLEMS OF LAW ENFORCEMENT PRACTICE
Through the use of various methods of scientific research, the article analyzes law enforcement practice on the issues of combating illegal migration. The results of this study are based on a broad analytical study and generalization of scientific and regulatory sources. The given statistical data in the article on the commission of crimes by foreign citizens on the territory of the Russian Federation reflect the complexity of the migration situation.
Keywords: migration processes, migration, offense, crime, legal liability, migration policy.
References
1. Andrichenko L. V., Plyugina I. V. Migration legislation of the Russian Federation: development trends and application practice: monograph // IZiSP. – M.: NORMA, INFRA-M, 2019. – 392 p.
2. Sovetov D. I. Directions for overcoming the problems of migration policy in the Russian Federation // Migration law. – 2022. – No. 3. – P. 3-6.
3. Migrants in Russia are waiting for the “controlled stay” regime: what does it mean // Official website of Komsomolskaya Pravda. [Electronic resource]. – Access mode: https://www.kp.ru/daily/27466/4722318/ (date of access: 06/26/2023).
4. Andryushenkov V. A. Illegal migration: problems of qualification. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nezakonnaya-migratsiya-problemy-kvalifikatsii (Accessed 26.06.2023).
5. Pichugin DG Legal and procedural problems of the production of inquiry in criminal cases on illegal crossing of the state border // Russian investigator. – 2008. – No. 11. – S. 7-9.
SAFETY AND LAW
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences senior lecturer of Internal affairs in special conditions sub-faculty of the North Caucasus Institute For Advanced Training (branch) of the Krasnodar University of the MIA of Russia
ROMANOV Anton Alexandrovich
Ph.D. in Law, Head of Fire training and special tactical training sub-faculty of the Ufa Law Institute of the MIA of Russia, colonel of police
URUSOVA Laura Khabalovna
senior lecturer of State and civil law disciplines sub-faculty of the North Caucasus Institute For Advanced Training (branch) of the Krasnodar University of the MIA of Russia
IMPACT OF SANCTIONS ON THE RUSSIAN INFORMATION SECURITY MARKET
The article deals with the impact of sanctions on the Russian market of information technology and information security. The sanctions have had an impact on all spheres of life in Russian society. Sanctions have had a particular impact on the information technology and security market. This is explained by the fact that this area was in the maximum dependence on foreign products. Thus, almost 80% of the market for software and hardware technologies was represented by Western developments. Domestic products were presented more in the field of information security, since this area was regulated by government agencies, however, the quality of these products did not allow to completely stop cyber attacks. It is necessary in the current conditions to form a domestic market for information and software products that meets all the requirements of a modern cybersecurity system. However, in order to develop these products and technological solutions, it is necessary to analyze the problems that currently exist in the Russian information security market.
Keywords: security, sanctions, software, information technology, cybercrime, cyberattacks, import substitution.
References
1. Decree of the President of the Russian Federation of December 5, 2016 No. 646 “On Approval of the Doctrine of Information Security of the Russian Federation”.
2. Dunduev K. B. The impact of sanctions on the IT sector in Russia // Modern social and economic processes: problems, trends, prospects for regional development. – 2023. – No. 1. – P. 30-32.
3. The expert believes that sanctions will accelerate the digital transformation processes in Russia. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/14083299?utm_source=yandex.ru&utm_medium=organic&utm_campaign=yandex.ru&utm_referrer=yandex.ru (date of access: 07/20/2023).
4. Sanctions and restrictions in the field of high technologies against Russia. [Electronic resource]. – Access mode: https://www.tadviser.ru (date of access: 07/21/2023).
STATE AND LAW
BIYARSLANOVA Imaniyat Rustamovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
DENIKAYEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
THE PRINCIPLE OF SEPARATION OF POWERS AND ITS IMPLEMENTATION IN MODERN RUSSIA
The article is dedicated to the actual problem of the implementation of the principle of separation of powers and its implementation in modern Russia. The article reveals the problem of implementing the principle of separation of powers in the activities of state bodies of Russia based on the analysis of constitutional and legal norms, the main of which is enshrined in Article 10 of the Constitution of the Russian Federation. Since the Constitution of the Russian Federation has the highest legal force, and nothing can contradict the fundamentals of this law, the protection, implementation and activities of public authorities are important and relevant in any time period of the life of citizens and the state as a wholesale. The practice of its implementation in various states is analyzed. Modern scientific approaches to understanding the principle of separation of powers are also investigated.
Keywords: power, principle, state bodies, separation of powers, Constitution of the Russian Federation, principle of separation of powers, branches of government, system of checks and balances, rule of law, state administration.
References
1. Bashinsky D. V. Problematicissues of implementing the principle of separation of powers at the level of subjects of the Russian Federation // Alley of Science. – 2021. – No. 6 (57). – P. 601-606.
2. Seifert A. Yu. Problems of implementation of the principle of separation of powers in the constituent entities of the Russian Federation // Alley of Science. – 2021. – T. 1. No. 7 (58). – P. 519-524.
3. Lysykh A. A. The principle of separation of powers in support of small and medium-sized businesses / A. A. Lysykh // Laws of Russia: experience, analysis, practice. – 2021. – No. 10. – P. 95-97.
4. Pakhomov V.G. The principle of separation of powers as a legal problem // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3. – P. 40-43.
5. Fedorova A. A. The principle of separation of powers and its implementation in modern Russia // Scientific and educational potential of youth in solving urgent problems of the XXI century. – 2021. – No. 17. – P. 348-350.
STATE AND LAW
CHERNOVA Olga Anatoljevna
PhD in Law, associate professor of State and legal disciplines sub-faculty of the Pacific State University, Khabarovsk
ELINA Anastasia Vladimirovna
master’s degree in law, legal adviser of the 2nd category, interdistrict Department of Private Security branch of the FGKU” Department of private security of troops of the National Guard of the Russian Federation for the Khabarovsk region “
CURRENT ISSUES OF SUPERVISION ACTIVITIES PROSECUTION BODIES IN THE ASPECT OF PREVENTION OF OFFENSES AND CRIMES
The article examines the essence of crime prevention and crime prevention activities, shows its importance in the work of all state bodies, including the prosecutor’s office. The authors identified problems of legislative support of crime prevention caused by the conflict of laws of the current of federal legislation on prevention, the absence of a single legal terminology. Great importance is attached to the competence of prosecutors in the implementation of measures for the prevention and supervision of the execution of laws, the areas of activity of the public prosecutor’s office for the prevention of criminal offenses are highlighted. Specific proposals have been developed and made to improve the legislation of the Russian Federation on the Prosecutor’s Office, the prevention of offenses and crimes, the formulation of legal definitions of “offense prevention”, “anti-social behavior”, which may be required in law making activities.
Keywords: public prosecutor’s office, supervision, supervisory activity of the public prosecutor’s office, prevention, preventive function, activities of the public prosecutor’s office to prevent crime.
References
1. On the basics of the crime prevention system in the Russian Federation: Feder. Law of June 23, 2016 No. 182-FZ // Collection of Legislation of the Russian Federation. – 2016. – No. 26 (part 1). – Art. 3851.
2. On the Prosecutor’s Office of the Russian Federation: Feder. Law of January 17, 1992 No. 2202-1 // Collection of Legislation of the Russian Federation. – 1995. – No. 47. – Art. 4472.
3. On the organization of work on legal education and legal information in the prosecutor’s office of the Russian Federation: order of the Prosecutor General of the Russian Federation dated 02.08.2018 No. 471 // Legality. – 2018. – No. 9.
4. Pisarevskaya E. A. On the issue of the implementation of the preventive function by the prosecutor’s office of the Russian Federation // Criminal Justice. – 2021. – No. 18. – P. 110-114.
STATE AND LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
ON THE ISSUE OF IMPLEMENTING THE PRINCIPLES OF CLIENT-CENTRICITY IN THE ACTIVITIES OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
The paper examines the concept of a client-centric approach and the specifics of its application in public administration, highlights aspects of the application of the principles of client-centricity in the activities of the Federal Penitentiary Service. Special attention is paid to the feasibility of testing new tools and methodologies, including design thinking. The role of using modern information and communication technologies to solve the problems of transition to a client-centered management model is emphasized.
Keywords: public administration, digitalization, public services, client-centricity, design thinking, digital technologies, Penal System.
References
1. Fader P., Toms S. Client centricity. Relationships with consumers in the digital age. – M.: Alpina Publisher, 2021. – 190 p.
2. Teplyashin P. V. Client-centric approach in the penitentiary system: issues of legal conditionality and problems of legal regulation // V International Penitentiary Forum “Crime, Punishment, Correction” (dedicated to the Year of Science and Technology in the Russian Federation in 2021) : Collection of abstracts of speeches and reports of participants. In 9 volumes, Ryazan, November 17-19, 2021. Volume 1. – Ryazan: Academy of Law and Administration of the Federal Penitentiary Service, 2021. – P. 260-265.
3. Abramov V. I., Churkin D. A. Evaluation of the level of maturity of the customer relationship management system. Bulletin of the University. – 2022. – No. 12. – P. 5-13.
4. Martynova T. L. On the development of e-justice // Judicial reform in Russia: past, present, future (Kutafinsky readings): Sat. report VII Intern. scientific-practical. conf. – M., 2015.
PEDAGOGY AND LAW
DAVIDENKO Alla Ivanovna
Ph.D. in pedagogical sciences, associate professor, professor of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
UMATKULOVA Regina Radikovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
FORMATION OF SKILLS OF SAFE AND SKILLFUL HANDLING OF WEAPONS IN THE IMPLEMENTATION OF FIRE TRAINING STANDARDS
The article discusses the main ways of forming a safe and skillful handling of weapons and the factors preventing this. The authors reveal in detail the methodology of teaching in fire training classes in order to obtain the best result of mastering the necessary skills in handling weapons and ammunition by trainees. As a result, the authors conclude that regular compliance with standards in the process of conducting training sessions on fire training is not only an effective method of consolidating the acquired theoretical knowledge by trainees, but also an effective way of warming up, directly applied before shooting , training coordination qualities that allow you to constantly monitor weapons, the position of parts of your body, thereby eliminating unsafe actions with weapons.
Keywords: security measures, weapons, ammunition, regulations, fire training, police officer.
References
1. Bondarev A. V. Fire training for students of private and junior commanding staff. – Guidelines. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of the Russian Federation, 2019. – 30 p.
2. Davidenko A. I. Problems of compliance with security measures when handling firearms and pistol firing ammunition: guidelines. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2019. – 63 p.
3. Davidenko A. I. Bondarev A. V. Methods of accelerated training in shooting from a Makarov pistol: a teaching aid. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2020. – 50 p.
4. Davidenko A. I., Frolov A. A., Bondarev A. V. Fire training of employees of the Ministry of Internal Affairs of Russia: a textbook. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2021. – 61 p.
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution «Research Institute of the Federal Penitentiary Service»
PSYCHOLOGICAL AND PEDAGOGICAL ASPECTS OF WORK WITH JUVENILE CONVICTS HELD IN EDUCATIONAL COLONIES
This article explores the psychological and pedagogical aspects of working with juvenile convicts held in educational colonies. She discusses the role of psychologists and educators in the development of juvenile convicts, as well as methods and strategies used in working with these groups of persons. The article also analyzes the features of psychological and pedagogical support of juvenile convicts, as well as their reintegration into society after serving their sentence.
Keywords: psychological and pedagogical support of juvenile convicts, juvenile convicts, illegal behavior, educational colonies.
References
1. Consultant Plus. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 18.07.2023).
2. Guseva E. V. Psychological and pedagogical features of educational work with convicted juveniles // Bulletin of the Samara Law Institute. – 2019. – No. 4 (35). – P. 111-114.
3. Efimenko A. A. Somee features of the organization of educational work with juvenile convicts in penitentiary institutions // Bulletin of the Tomsk Institute for Advanced Studies of Workers of the Federal Penitentiary Service of Russia. – 2021. – No. 2 (8). – P. 131-135.
4. Efimenko A. A., Sidakova M. A. The study of the psychological properties of the consciousness of convicts studying in the graduating classes of a general education school in places of deprivation of liberty // Kirov: Questions of modern science and practice. Scientific and practical journal. – 2020. – No. 3 (2) – P. 98-100.
5. Zorina N. S., Radchenko E. P. Psychological support of minors convicted in educational colonies // Eurasian legal journal. – 2023. – No. 3 (178). – P. 322-323.
6. Fedorov A. F., Suslov Psychological-pedagogical and legal aspects of work with juvenile convicts held in educational colonies // Modern scientist. – 2019. – No. 2. – S. 298-302.
7. Stroeva GV Educational and developmental potential of the moral education of convicts // Man and education. – 2006. – No. 8, 9. – P. 80.
PEDAGOGY AND LAW
ZYATEV Herman Igorevich
Priest, Cleric of the Holy Trinity Convent of Murom of the Russian Orthodox Church, Master of Theology
THE BASIC PRINCIPLES AND FORMS OF SPIRITUAL AND MORAL EDUCATION OF SCHOOLCHILDREN IN THE MODERN EDUCATIONAL SYSTEM
Priest Herman Zyatev
The article analyzes the main levels and approaches to the implementation of the model of spiritual and moral education in the modern educational system. The ontological and methodological level of the educational process is analyzed in detail on the example of secular and spiritual education. In conclusion, it is emphasized that the need for interaction between secular educational institutions and the Russian Orthodox Church is dictated by two factors: religious (to help a person follow the path of spiritual and moral perfection and achieve salvation of the soul), as well as ethical: to help a person in the modern world to preserve and strengthen spiritual and moral qualities.
Keywords: spiritual and moral development, school, Church, education, development, pedagogy, upbringing.
References
1. Arkhipova L. V. Spiritual and moral education in the Sunday school format // Idnakar: methods of historical and cultural reconstruction. – M., 2017. – No. 1 (34). – S. 36-45.
2. Drozd K.V. Event-related community of subjects of the educational space “school-university” as a factor in the formation of the subjectivity of future teachers // Modern Pedagogical Education. – M., 2020. – No. 11. – P. 161-166.
3. Zenkovsky VV Problems of education in the light of Orthodox anthropology. – Klin: Christian Life Foundation, 2002. – 331 p.
4. Ilchenko V. I., Tokmacheva M. A. Personally oriented pedagogy of leadership part II. The initial formation of a leader in the Christocentric educational space of the family as a small church // Volodymyr Dahl Lugansk National University. – Lugansk, 2019. – No. 1 (5). – P. 83-89.
5. Kaleda Gleb, prot. Tasks, principles and forms of Orthodox education in modern conditions // Fathers, mothers, children: Orthodox education and the modern world. M., 2001. – 52 p.
6. Kolesnikov S. A. Personality and family in Orthodox pedagogy V. V. Zenkovsky // Proceedings of the Belgorod Theological Seminary. – Belgorod, 2017. – No. 5. – P. 53-71.
7. Kosolapov R. A, Kosolapova T. V. Education of spirituality as an ontological problem // Bulletin of the Krasnoyarsk State Pedagogical University. V. P. Astafieva. – Krasnoyarsk, 2016. – No. 4 (38). – P. 15-19.
8. Lossky VN Essay on the mystical theology of the Eastern Church. dogmatic theology. – M., 2010. – 586 p.
9. Manoilova M. A. Orthodox upbringing of children in the family // Modern family: Orthodox tradition and modernity. – Pskov: Pskov State University, 2019. – P. 49-54.
10. Prokosheva E. D. On the issue of the system of principles in Orthodox pedagogy // Theory and practice of social development. -M., 2018. – No. 7. – P. 44-46.
11. Shestun G. Orthodox pedagogy as a system of spiritual and moral development of the individual // Bulletin of the Orthodox St. Tikhon University for the Humanities. Series 4: Pedagogy. – M., 2018. – S. 47-51.
PEDAGOGY AND LAW
JAVADYAN Yuriy Rachikovich
lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
PEDAGOGICAL CONDITIONS FOR THE FORMATION OF VALUE ORIENTATIONS OF STUDENTS IN THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the optimal possibilities for creating pedagogical conditions for the formation of value orientations for students in an educational organization of the Ministry of Internal Affairs of Russia. The article analyzes the concept of pedagogical conditions, explores the formation of approaches to creating these conditions, studies the formation of the value-semantic sphere of the individual during training, compares the demands of society and the tasks of pedagogy in the formation of the spiritual and moral sphere of students.
Keywords: pedagogy, educational process, training, values, value-semantic orientation, spiritual and moral guidelines, pedagogical conditions, educational organization of the Ministry of Internal Affairs of Russia, cadet of the Ministry of Internal Affairs of Russia.
References
1. Borytko N. M., Solovtsova I. A., Baibakov A. M. Pedagogy. – M.: Academy, 2007. – 496 p
2. Lebedeva A. G. Leisure of urban and rural youth // XXI century: humanitarian and socio-economic sciences: abstracts. report – Tula, 2014.
3. Osnitsky A. K. Self-regulation skills in professional self-determination of students // Vopr. psychol. – 1992. – No. 1-2. – P. 52-60
4. Decree of the Government of the Russian Federation of October 4, 2000 No 751 “On the National Doctrine of Education in the Russian Federation” // Rossiyskaya Gazeta. — 2000. — № 196.
5. Dictionary-reference book on pedagogy / Auth.-comp. V. A. Mizherikov; under total ed. P.I. Pidkasistogo. – M.: Sfera, 2004. – 448 p
6. Yakovleva N. M. Theory and practice of preparing future teachers for the creative solution of educational problems: dis. … doc. ped. Sciences. – Chelyabinsk, 1992. – 403 p.
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
PSYCHOLOGICAL TRAINING OF CADETS DURING TACTICAL AND SPECIAL TRAINING CLASSES
Moral and psychological training of employees of the penitentiary system to perform tasks in extreme situations takes its basis in educational institutions of the Federal Penitentiary Service of Russia, since it is during the training period that cadets develop professional skills and abilities that they will be able to use in their future professional activities.
In this regard, teachers of the discipline of tactical and special training bear a great responsibility for the formation of cadets’ ability to make decisions independently in difficult situations and, most importantly, to be responsible for the consequences of making such decisions. In the conditions of conducting classes on tactical and special training, the teacher needs to connect creative abilities to convey information to each student, taking into account his personal characteristics.
The number of mental images (practical situations) presented in the classroom, which correspond as much as possible to the situation in the conditions of institutions of the penal system, helps cadets in the future to avoid falling into situations of uncertainty. In other words, the more situations are lost in practical classes, the more confident an employee of the penitentiary department will feel when performing a real official task in an emergency situation.
Keywords: cadet, moral training, psychological training, tactical and special training, emergency situation, extreme situation.
References
1. Sukhomlinova T.V. Moral and psychological support of cadets in the course of training in tactical and special training // Topical issues of improving the special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia. Materials of the All-Russian scientific-practical conference. – 2019. – P. 153-156.
2. Kachurina I. B., Gontar V. N., Vorontsova E. V. An integrated approach to improving the TSP of law enforcement officers // Issues of improving the tactical and special training of law enforcement officers. Collection of scientific articles following the results of the III All-Russian Conference. – 2020. – P. 76-79.
3. Shishkov A. I. Formation of professional competence of cadets of military universities in the course of tactical and special training: dis. … cand. ped. Sciences. – Moscow, 2014. – 278 p.
4. Rodionov E. A., Firyulin M. E. Problematic aspects of teaching tactical and special training in departmental universities as an integral part of service and professional training // Actual issues of improving tactical, special, fire and professionally applied physical training in the modern context of practical learning. – 2019. – S. 328-332.
PEDAGOGY AND LAW
NASYROVA Elena Valerievna
Ph.D in political sciences, associate professor of Integrated communications and advertising sub-faculty of the Russian State University for the Humanities
KALUGIN Maxim Sergeevich
master of direction in “Brand management in advertising and public relations” of Integrated communications and advertising sub-faculty of the Russian State University for the Humanities
DEVELOPMENT OF A PROJECT TO PROMOTE EDUCATIONAL PROGRAMS OF THE INSTITUTE OF INFORMATION SCIENCE AND SECURITY TECHNOLOGIES RGGU
The article discusses in detail the stages of developing a project to promote educational programs of the Institute of Information Sciences and Security Technologies of the Russian State Humanitarian University. Properly selected communication tools will help the institute to remain competitive in the modern educational space, attract more applicants and increase recognition.
Keywords: promotion, marketing communications, Internet communications, conversion, promotion of the educational program
References
1. Faculty of Information Systems and Security (FISB)”. [Electronic resource]. – Access mode: https://www.rsuh.ru/iintb/education/faculty/
2. Porter E. M. Competitive strategy: Methods of analysis of industries and competitors / Per. from English. Moscow: Alpina Business Books, 2005.
3. Quiz-landing as a tool for interactive interaction with the target audience. [Electronic resource]. – Access mode: https://www.directline.pro/blog/quiz-landing/
4. What is an aggregator site and how to make money on it. [Electronic resource]. – Access mode: https://sibdev.pro/blog/articles/chto-takoe-sayt-agregator-i-kak-na-nem-zarabotat
PEDAGOGY AND LAW
CAO Thi Tuong Khanh
magister student of the Faculty of Foreign Languages of the National Security Academy of the Republic of Vietnam
DIGITAL TRANSFORMATION IN EDUCATION IN VIETNAM
In response to the requirements of the country’s development in the context of the Fourth Industrial Revolution, on June 3, 2020, the Prime Minister of the Socialist Republic of Vietnam signed Decision No. 749/QD-TTg approving the “National Digital Transformation Program to 2025, with orientation to 2030”. Accordingly, education is the second priority for digital transformation after the health sector. That shows the importance of education and digital transformation in the education sector for the development of the country. The article focuses on clarifying the need for digital transformation in the education sector in Vietnam and some solutions for implementation.
Keywords: digital transformation, education, Vietnam, regulation, way, method, technology.
Reference list:
1. Mi An. Promoting digital transformation in education. Online newspaper of the Communist Party of Vietnam. [Electronic resource]. – Access mode: https://dangcongsan.vn/giao-duc/day-manh-chuyen-doi-so-trong-nganh-giao-duc-630306.html
2. Prime Minister, Directive No. 16/D-Pm, dated 04.05.2017 “On strengthening access to the 4th industrial revolution”.
3. Prime Minister, Decree No. 117/P-Pm of January 25, 2017 “On approval of the project to strengthen the use of information technologies in the management and support of educational and methodological activities and scientific research, contributing to the improvement of the quality of education and training in the period 2016-2020. with a focus on 2025.”
4. Prime Minister, Decree No. 749 / P-Pm of 03.06.2020 “On approval of the “National Digital Transformation Program until 2025 with a focus on 2030”.
5. Prime Minister, Decree No. 131/P-Pm of January 25, 2022 “On Approval of the Scheme for Strengthening the Application of Information Technologies and Digital Transformation in Education and Training for the Period 2022-2025. with a focus on 2030.”
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
MORAL AND PSYCHOLOGICAL TRAINING OF CADETS DURING TACTICAL AND SPECIAL TRAINING CLASSES
The article discusses the need to improve the moral and psychological qualities of cadets during tactical and special training classes in educational institutions of the penitentiary system. The state of self-control, calmness, self-confidence of an employee when acting in a dangerous operational situation is important for the successful settlement of the events that have occurred and the high-quality performance of the official tasks.
The work is based on the systematization of the existing pedagogical experience and the compilationof recommendations for improving the teaching methods of the discipline. The sequential construction of classes is proposed, each stage of which has its own value and profile orientation. This technique will allow us to develop a psychophysiological mechanism for the rapid activation of the thought process, adaptation to any variant of the operational environment.
Scientific study and understanding of pedagogical methods of the process of formation of stable moral and psychological qualities of cadets.
Keywords: tactical and special training, teaching methods, moral and psychological qualities, overcoming stressful situations, practical and theoretical classes, additional classes, self-improvement, individual work.
References
1. Gorbatova E. A., Kochenogov O. A. Moral and psychological training of cadets in the course of conducting classes in tactical and special training. . – 2020. – № 1.
2. Khomyakov O. V., Tarabuev L. N. To the question of some aspects of the methodology for preparing employees of the penitentiary system for actions in emergency situations // Professional legal education and sciences. – 2022. – No. 1.
PEDAGOGY AND LAW
RUBAN Darya Alexeevna
Ph.D. in pedagogical sciences, lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
CHARACTERISTIC FEATURES OF THE STUDENT’S PERSONALITY IN THE EDUCATIONAL PARADIGM AS THE MAIN ELEMENT OF THE SOCIOPSYCHOLOGICAL ASPECT
Through the use of various methods of scientific research, the article analyzes the personality of the student in the educational paradigm. In the context of the development of digital technologies and within the framework of the educational process, the problem is the lack of attention as the ability to purposefully keep one’s consciousness concentrated on a specific object. The student, consuming ready-made information, does not analyze, turns out to be incapable of concentration, imagination, understanding and reflection (self-reflection), which is assumed by the modern educational environment.
Keywords: Russian education, educational policy, educational process, education system, student, students.
References
1. Education and pedagogy: modern trends: monograph / Editorial board: Zh. V. Murzina, O. L. Bogatyreva. – Cheboksary: Publishing House “Sreda”, 2020. – 124 p.
2. RUGENERATIONS – Russian school of generation theory. [Electronic resource]. – Access mode: https://rugenerations.su/ (date of access: 05/25/2023).
PEDAGOGY AND LAW
SMIRNOVA Maya Ivanovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Humanitarian and social-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
EXTRACURRICULAR INDEPENDENT WORK IN A FOREIGN LANGUAGE AS A MEANS OF FORMING THE PROFESSIONAL COMPETENCE OF THE INTERNAL AFFAIRS AGENCIES’ EMPLOYEES OF RUSSIA
The article is devoted to the problem of forming the professional competence of future law enforcement officers in the course of extracurricular independent work in a foreign language. The pedagogical conditions for the formation of independence as a key professional feature are analyzed, the main components of the organization of extracurricular independent work of students are considered, a set of tasks for effective independent work is proposed.
Keywords: extracurricular independent work, independence, professional competence, employees of the internal affairs bodies of Russia, foreign language competence, foreign language.
References
1. Bozadzhiev V. L. Professional competencies as integral qualities of a specialist’s personality // Successes of modern natural science. – 2007. – No. 5. – S. 40-44. [Electronic resource]. – Access mode: https://natural-sciences.ru/ru/article/view?Id=11094 (date of access: 06/15/2022).
2. Belozertsev E. P., Goneev A. D., Pashkov A. G. et al. Pedagogy of vocational education: Proc. allowance for students. higher ped. textbook institutions / Under. ed. V. A. Slastenina. – M .: Publishing Center “Academy”, 2004. – S. 20-33.
3. Numan D. Task-based language teaching. – Cambridge University Press, 2004. [Electronic resource]. – Access mode: https://www.cambridge.org/core/books/taskbased-language-teaching/ 0CA4599235DCF 504DE221FF8D21409F0 (accessed 08/15/2023).
4. Smirnova M. I., Korshunova I. G. Types and forms of independent work of students in the study of a foreign language // Philological Sciences. Questions of theory and practice. Tambov. Diploma. – 2015. – No. 11 (53): in 3 parts. Part II. – P. 155-160.
5. Kolesnik N. P. Case study in interactive teaching of pedagogy / Guidelines – in 2 parts / 41. – St. Petersburg: NP “Future Strategy”, 2006. – 198 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 No. 64, Moscow
AGZAMOV Rifkat Raisovich
Ph.D. in pedagogical sciences, associate professor, Head of Natural science education sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
ABDULLINA Liliya Bakirovna
Ph.D. in pedagogical sciences, associate professor, Dean of the Faculty of Pedagogy and Psychology of the Sterlitamak branch of the Ufa University of Science and Technology
HUMANISTIC AND EXISTENTIAL PARADIGMS IN DETERMINING THE ESSENCE OF HUMAN HEALTH CREATION
The article presents the essence of the phenomenon of “health creation” from the standpoint of the humanistic and existential paradigm. The authors pay special attention to the mechanisms of formation of a self-actualizing personality and existential values of a person. They prove that in the modeling of health-creating activity, the existential paradigm corresponds to the syncretic component of the entire human experience (thought, feeling, emotions, actions; leveling the subject-object dichotomy).
Keywords: health creation, humanistic approach, existential approach, self-actualization, existential value, subject-object dichotomies.
References
1. Baeva L. Values of the Changing World: Existential Axiology of History. – Astrakhan: Publishing House of AGU, 2004.
2. Binswanger L. Being-in-the-world. Selected articles. Needleman J. Critical analysis in existential psychoanalysis. – M.: Refl-book; K.: “Vakler”, 1999. – 336 p.
3. Ganzha A., Zotov A. Humanistic sociology of Florian Znanetsky // Sociological research. – 2002. – No. 3. – P. 112-120.
4. Majuga A. G. Health-building education: theory, methodology, practice: monograph. – Ufa: RIO RUNMC MO RB, 2010. – 300 p.
5. Maslow A. Motivation and personality: Per. from English. – St. Petersburg: Eurasia, 1999. – 352 p.
6. Maslow A. Towards the psychology of being. – M.: Publishing house EKSMO-Press, 2002. – 272 p.
7. Meneghetti A. Introduction to ontopsychology. – Perm: Horton Limited, 1993. – 62 p.
8. Orlov Yu. M. Healing (sanogenic) thinking / Comp. A. V. Child. Series: Behavior management. Book 1. – 2nd ed., Rev. – M.: Sliding, 2006. – 96 p.
9. Rokeach M. The nature of human values // Free Press. – 1973. – No. 5. – P. 20-28.
10. G. Allport’s theory of personality // Psychology of personality in 2 vols. T. 1. – M., 2006. – S. 445-453.
11. Khjell L. A. Theories of personality. Fundamentals, research and application: a textbook for students of higher educational institutions studying in the direction and specialties of psychology / Larry Hjell, Daniel Ziegler. – 3rd ed. – St. Petersburg [and others]: Peter; Minsk: Piter, 2019. – 606 p.
12. Tsagelskaya D. E. Existential fulfillment of individuals with different self-attitude // Journal of the Belarusian State University. Philosophy. Psychology. – 2020. – No. 1. – P. 85-94.
13. Sharok V. Existential values as a factor preventing risky behavior // Bulletin of St. Petersburg University. Series 12: Psychology. Sociology. Pedagogy. – 2009. – Issue. 2. – No. 1. – P. 65-71.
14. Shumsky V. B. Existential psychology and psychotherapy: textbook. manual for bachelor’s and master’s degrees. – 2nd ed., Rev. and additional – M.: Yurait Publishing House, 2018. – 155 p.
15. Adler P. A., Adler P. Membership Roles in Field Research. – Beverly Hills: Sage, 1987.
16. Adler P. A., Adler P. The Tender Cut: Self-Injury in the Cyber Age. – New York: New York University Press, 2011.
17. Adler P. A. Wheeling and Dealing. – Chicago: University of Chicago Press, 1985.
18. Altheide D. Terror Post 9/11 and the Media. – New York: Peter Lang, 2009.
19. Douglas J. Love, Intimacy and Sex / J. Douglas, F. Atwell. – Beverly Hills: Sage, 1984.
20. Johnson J. Behind the rational appearances: fusion of thinking and feelingin sociological research // Existential Sociology / [Ed. by J. Douglas, J. Johnson]. – Cambridge: Cambridge University Press, 1977. – Pr. 201-228.
21. Fontana A., Keene J. Death and Dying in America. – Cambridge, UK. – Polity Press, 2009.
22. Kotarba J. Chronic Pain. – Beverly Hills: Sage, 1980.
23. Wild J. Authentic existence: a new approach to “value theory” / Invitation to phenomenology / Ed. by J. Edie. – Chicago: Quadrangle Books, 1965. – Pr. 59-77.
PSYCHOLOGY AND LAW
PODOSINNIKOVA Evgenia Anatolevna
Ph.D. in science psychologicals, associate professor of Narcology, psychotherapy and law sub-faculty of the Astrakhan State Medical University of the Ministry of Health of Russia
PODOSINNIKOV Sergey Aleksandrovich
Ph.D. in science psychologicals, associate professor of Pedagogical education sub-faculty of the V. N. Tatishchev Astrakhan State University
DOSAEVA Rufina Narimanovna
Ph.D. in science psychologicals, associate professor of Psychology sub-faculty of the V. N. Tatishchev Astrakhan State University
TAYSAEVA Svetlana Borisovna
Ph.D. in science psychologicals, associate professor of Political analysis and socio-psychological processes sub-faculty of the G. V. Plekhanov Russian University of Economics
PSYCHOLOGICAL FEATURES OF VICTIM BEHAVIOR IN MEN AGED 25 TO 55 YEARS
The article is dedicated to the topic of the relationship between the personal characteristics of men and the nature of victim behavior. In the work, victimhood is considered as a set of personality traits that lead to self-destructive behavior, i.e. a person is both a victim and an aggressor in relation to himself. With this methodological approach, victimization is determined by intrapersonal conflict, and victim behavior is actualized by external factors.
Keywords: personal characteristics, victimization, victim behavior, determining factors.
References
1. Malkina-Pykh I. G. Victimology. Psychology of victim behavior. – M.: Iz-vo Eksmo, 2019. – 108 p.
2. Tarasova L. E. Fundamentals of victimology: Educational and methodological manual / Comp. L. E. Tarasova. – Saratov, 2016. – 173 p.
PSYCHOLOGY AND LAW
TAYSAEVA Svetlana Borisovna
Ph.D. in science psychologicals, associate professor of Political analysis and socio-psychological processes sub-faculty of the G. V. Plekhanov Russian University of Economics
PONOMAREVA Yuliya Vladislavovna
bachelor in the direction “Management Psychology” of the G. V. Plekhanov Russian University of Economics
THE INFLUENCE OF INDIVIDUAL PSYCHOLOGICAL QUALITIES OF THE MANAGER ON THE GROUP COHESION OF EMPLOYEES
The article is dedicated to the topic of the influence of individual psychological qualities of a manager on the group cohesion of employees. The demands of the modern labor market to optimize the process of group interaction of the collective determine the relevance of the study. The work is of high importance from the point of view of increasing the efficiency of existing employees by increasing group cohesion in the team.
Keywords: individual psychological qualities, group cohesion, socio-psychological climate.
References
1. Asmolov A. G. Psychology of personality. Principles of general psychological analysis. M., 2001. 416 p.
2. Derevnina A. O. Socio-psychological climate in the labor collective// Economics and society. 2020. No. 9 (76). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskiy-klimat-v-trudovom-kollektive (date of access: 03/17/2023).
3. Sundeeva L. A., Rakhimova Z. F. The concept of team cohesion in domestic and foreign literature // ANI: Pedagogy and Psychology. 2018. No. 2 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-splochennosti-kollektiva-v-otechestvennoy-i-zarubezhnoy-literature (date of access: 03/15/2023).
4. Shkerdina A. A. Factors that determine the socio-psychological climate of the labor collective (literature review) // Scientific works of the Moscow Humanitarian University. 2018. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/faktory-opredelyayuschie-sotsialno-psihologicheskiy-klimat-trudovogo-kollektiva-obzor-literatury (date of access: 03/14/2023).
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences. Researcher of the Center “Russia, China, the World” of the Ininstitute of China and Modern Asia of the Russian Academy of Sciences
THE ISLAMIC VECTOR OF CHINA’S DOMESTIC POLICY. PART 1. MUSLIM MINORITIES
This article examines China’s policy towards the Muslim population of the country. The historical aspect is traced. Particular attention is paid to the situation in the Xinjiang Uygur Autonomous Region, as well as politics in other regions, such as the Ningxia Hui Autonomous Region, Kashgar, Khotan and Aksu districts. Restrictive measures implemented within the framework of the state national policy and countering the spread of extremism and terrorism are highlighted. The author defines the activity of foreign states and international human rights organizations on this issue.
Keywords: China, Muslim population, Xinjiang, politics, control, persecution, religious freedom, Pakistan, international reaction, economic cooperation.
References
1. Bredikhin A. V. Muslims among modern Cossacks // Minbar. islamic studies. – 2022. – No. 1 (15). – P. 50-60.
2. Chinese gambit: where are you going, China?: Monograph [ed. A. V. Bredikhina]. – M.: ANO CEMI, Archon, 2020. – 86 p.
3. Yadykina T. S. The long-term problem of Kashmir as the core of the main confrontation between India and Pakistan: its main periods and consequences // Archon. – 2020. – No. 3 (18). – P. 96-103.
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 Technological University, branch in Sterlitamak
BOGATYREVA Yuliya Olegovna
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University, branch in Sterlitamak
INTERCULTURAL COMMUNICATION IN MODERN SOCIETY
Communication in the current realities is one of the foundations for the existence of society while the possibility of modern technologies can both facilitate and complicate the process of communications. One of the main competencies required by people today both in professional activity and in everyday life is the ability to build written and oral communication with representatives of different cultures. The purpose of this articleis to consider the phenomenon of intercultural communication, emphasizing the importance of this phenomenon in the modern world as well as analyzing the main problems and difficulties that can affect the success of communications. In comparison to other types of communication, intercultural has greater requirements which brings with it a number of difficulties and problems associated with misunderstandings and conflicts. They can be based on various reasons: from the occurrence of difficulties due to language ignorance and to some other reasons. In this regard, the topic was optimization of interethnic relations through tolerance. For effective communication it is necessary to understand not only the features of language, but also another culture to show patience and tolerance. Attention is drawn to culture as becoming more and more international, broader developing the processes of cultural communication.
Keywords: culture, macroculture, microculture, tolerance, verbal and non-verbal communication.
References
1. Great Soviet Encyclopedia: (In 30 volumes) / Ed. A. M. Prokhorov. – 3rd ed. T. 12: – M.: 1973.
2. Voronin A. S. Dictionary of terms in general and social pedagogy. – Yekaterinburg: GOU VPU USTU, 2006.
3. Kurakova T. V. The problem of all-Russian and regional identity at the present stage // Theory and practice of social development. 2013. No. 2.
4. Latypova E. R. From the foundations of the theory of intercultural communication. // Experience in creating and implementing technological innovations in education // Collection of materials of the International Scientific and Practical Conference. Editorial Board: L. A. Abramova et al. 2017.
5. Dictionary of foreign words – 13th ed., Sr. M.: Russian language, 1986.
6. Slevelova A. A. Intercultural communication as a global problem of the modern world // Collection of scientific articles of the faculty and students of the Russian Economic University. GV Plekhanov and other scientific and educational institutions. May 2018 Berlin 2018.
7. Ursul A. D. Nature of information. Philosophical essay. Moscow: Politizdat, 1968.
8. Habermas Yu. Public space and political publicity. Biographical roots of two mental motives // Between naturalism and religion. Philosophical articles / Per. with him. M. B. Skuratova. M.: All world, 2011.
9. Hall E. The Silent Language. New York, 1959.
10. Trager G., Hall E. Culture as Communication: A Model and Analysis. New York, 1954.
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
BAYNAZAROV Aybulat Rafikovich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University
THE SIGNIFICANCE OF THE LINGUISTIC PICTURE OF THE WORLD IN THE STUDY OF NATIONAL CHARACTERISTICS
This article deals with the study of linguoculturology since its origin as a new science. According to the title, the article describes the theoretical basis of linguoculturology. It’s especially noted questions to which it answers. Much attention is paid to the tasks and goals of linguoculturology as a science. The text provides valuable information about intercultural communication, intercultural competence. The difference between the terms ethnolinguistics and linguistics studies should be emphasized. The relation of linguoculture to the linguistic picture of the world is considered. Intercultural communication is discussed. This article is of interest to representatives of different cultures.
Keywords: intercultural communication, intercultural competence, linguacultural competence, ethnolinguistics, linguistic picture of the world.
References
1. Alefirenko N. F. Culture and linguistic consciousness. [Text] // Languages and transnational problems: Proceedings of the Ι international scientific conference. April 22-24, 2004. T. ΙΙ. executive editor T. A. Fesenko. – M., Tambov: TSU Publishing House. G. R. Derzhavina, 2004. – 298 p.
2. Artemova O. E. Theory and practice of linguoculturological analysis: Textbook [Text]. – Ufa: RIO BashGU, 2006. – 128 p.
3. Vorobyov V. V. Linguoculturology (theory and methods) [Text]. – M.: RUDN University Publishing House, 1997. – 331 p.
4. Humboldt V. background. Language and philosophy of culture [Text]. – M.: Progress. – 198 p.
5. Zinovieva E. I., Yurkov E. E. Cultural linguistics: theory and practice [Text]. – St. Petersburg: MIRS Publishing House, 2009. – 73 p.
6. Ivanova S. V. Culturological aspect of language units [Text]. – Ufa: BashGU, 2002. – 191 p.
7. Ivanova S.V. Linguoculturology and linguocognitology: conjugation of paradigms [Text]. – Ufa: RIO BashGU, 2004. – 210 p.
8. Karasik V. I. On the categories of linguoculturology. Linguistic personality: problems of communicative activity [Text]. – Volgograd, 2001. – 81 p.
9. Latypova E. R. Overcoming the barrier in intercultural communication // Notes of a scientist. – 2020.
10. Maslova V. A. Cultural linguistics: Proc. allowance for students. higher textbook establishments [Text]. – M.: Ed. Center “Academy”, 2001. – 208p.
11. Khrolenko A. T. Introduction to linguo-folkloristics: textbook [Text]. – M.: Progress Publishing Group, 2007. – 156 p.
12. Pierre-Simon Laplace. Presentation of the system of the world. – L .: Nauka, 1982. – 364 p.
ECONOMY. RIGHT. SOCIETY
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
BALYASNIKOVA Elena Vladimirovna
Ph.D. in economical sciences, Deputy Dean of the Faculty of Economics, Management and Law of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
SKOPICH Darya Leonidovna
Ph.D. in economical sciences, associate professor of Regional economics and management sub-faculty of the Western Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
ON THE ISSUE OF STRATEGIC PLANNING AND INTEGRATED DEVELOPMENT OF MUNICIPALITIES IN THE RUSSIAN FEDERATION
The problem of stable development of municipalities remains the most important in the sphere of creating high-quality conditions for the population of Russia to live on the territory of all subjects of the Russian Federation.
According to the authors of the article, in order to solve it, it is necessary to increase attention to the issues of strategic development of municipalities in conjunction with the creation of conditions for their integrated development. Achieving the strategic goal of creating a favorable comfortable environment throughout the country will ensure the creation of favorable incentives aimed at improving the socio-economic development of Russian regions.
Keywords: municipal formation, strategic planning, integrated development.
References
1. Moseiko V. O. Institutional role of local government in the processes of improving the quality of life of the population // Power. – 2021. – No. 11. – P. 45.
2. Dukanova IV Study of the potential of socio-economic development of municipalities // Microeconomics. – 2021. – No. 3. – P. 115.
3. Glazyrin M. V. On the creation of a system of integrated development of the municipality // The Economist. – 2020. – № 3. – C. 80.
4. Ivanova N. V. Methods for assessing the spatial differentiation of the economy of Russian regions // Economics. Taxes. Right. – 2022. – № 6. – S. 65.
5. Uskova T. V., Chekavinsky A. N. The law on strategic planning in the Russian Federation: advantages and unresolved issues (expert assessment) // Economic and social problems: facts, trends, forecast. – 2019. – No. 4 (34). – P. 64.
6. Eremeeva L. N., Plisetsky E. L. Regional policy in modern Russia: features of formation and implementation // Economics. Taxes. Right. – 2020. – No. 6. – P. 6.
7. Titov E. A. Urban co-management: concept and modern research // Issues of state and municipal management. – 2021. – No. 1. – P. 185.
8. Ablameiko M., Ablameiko S. “Smart city”: From theory to practice // Science and innovations. – 2022. – No. 6 (184). – S. 30.
ECONOMY. RIGHT. SOCIETY
VASILJEVA Elena Vasiljevna
Ph.D. in economic sciences, professor of Project management and quality management sub-faculty of the St. Petersburg State University of Economics
ZHUKOVA Anastasia Gennadjevna
Ph.D. in economical sciences, First Deputy General Director (Development and Investment) State Unitary Enterprise “Vodokanal of St. Petersburg”
IVANOVA Olga Sergeevna
economist of the Financial and Economic Department of the St. Petersburg State Autonomous Institution “Training Center for Sports teams”
MANAGEMENT OF HUMAN RESOURCES DEVELOPMENT IN CREATIVE INDUSTRIES SECTOR
This article is devoted to the analysis of the human resources development of the creative industries in selected regions at the stage of formation and implementation of mechanisms for its regulation, as well as the formation of new educational trends, based on the goals of modern creative industries development in the regions of the Russian Federation. Within the framework of this study, the legal framework for regulating the sector was monitored, regional reports on the activities of creative industries were carried out, and the provisions of applicable concepts for personnel training and final indicators for achievements were systematized.
Keywords: creative industries, concept, multiplier economic effect, human resources, personnel training, smart specialization, creative individual, region
Reference list
1. “On approval of the Concept for the development of creative (creative) industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030” Decree No. 2613-r dated September 20, 2021 “The Concept for the Development of Creative Industries until 2030” // Garant Information and Legal System.
2. Kalyuzhnova N. Ya., Violin S. I. “Smart specialization” of Russian regions: opportunities and limitations // Economics, entrepreneurship and law. – 2020. – Volume 10. – No. 10. – S. 2457-2472. – [Electronic resource]. – Access mode: https://1economic.ru/gr/epp-papers/111061.pdf (date of access: 06/30/2023).
3. “On Approval of the Strategy for the Spatial Development of the Russian Federation for the period up to 2025”. Decree of the Government of the Russian Federation dated February 13, 2019 No. 207-r. // Information and legal system “Garant”.
4. Vasilyeva E. V., Korshunov A. V., Ostanina E. V. Problems of designing a model of creative industries in Russia // Bulletin of the Nizhny Novgorod University. N. I. Lobachevsky. Series: Social Sciences. – 2022. – No. 3. – P. 9-14. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-proektirovaniya-modeli-razvitiya-kreativnyh-industriy-v-rossii (date of access: 06/30/2023).
5. “On the action plan for implementation in 2022-2024. Concepts for the development of creative (creative) industries and mechanisms for the implementation of their state support in large and largest urban agglomerations until 2030. Decree of the Government of the Russian Federation of August 17, 2022 No. 2290-r. // Information and legal system “Garant”.
6. Tokarev I., Svistukhina M., Filippova A., Trotsenko S., Ustinova D. Atlas of creative clusters of the Russian Federation. 2023. [Electronic resource]. – Access mode: https://createdin.moscow/creative/1ee1b2bb-01bc-698e-830b-37916e17fe8a (accessed 06/30/2023).
7. Vasilyeva E. V., Gunare M. L. Creative industries experimental design // Publishing house of St. Petersburg State University of Economics. – 2021. – S. 71-76.
ECONOMY. RIGHT. SOCIETY
VILDANOV Ruslan Raisovich
Ph.D. in political sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technological University
SHAIMARDANOVA Elina Linasovna
bachelor of the Ufa State Petroleum Technical University
KOSTAKOVA Ekaterina Igorevna
student of the St. Petersburg State University, master of the Tehran University
ECONOMIC COOPERATION BETWEEN RUSSIA AND CHINA IN THE DIGITAL SPACE
This article examines the economic cooperation in the digital space between the People’s Republic of China and the Russian Federation. The main problems and prospects of cooperation between the two countries in the field of interaction on the Internet are analyzed. The main examples of interaction are given.
Keywords: People’s Republic of China, Russian Federation, Internet, digital space, IT market, digital sovereignty, Yandex, Huawei, Sberbank.
References
1. Nikonov V. A., Voronov A. S., Sazhina V. A., Volodenkov S. V., Rybakova M. V. Digital sovereignty of the modern state: content and structural components (based on expert research) [Text] / / Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2021. – No. 60. – S. 206-215.
2. Ryazkhanova S. V., Mazaev V. P., Komkov A. A. New trends in the development of artificial intelligence in medicine // CardioSomatics. – 2021. – No. 12 (4). – S. 227-233.
3. Jiang Chao Economic cooperation between Russia and China in the era of digitalization [Text] // Modern oriental studies. – 2022. – No. 1. – S. 62-75.
ECONOMY. RIGHT. SOCIETY
GULIYEV Igbal Adil ogly
Ph.D. in economic sciences, Deputy Director of the International Institute for Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
RUZAKOVA Valeriya Igorevna
master’s degree of the International Institute of Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
KUZMINA Margarita Sergeevna
master’s degree of the International Institute of Energy Policy and Diplomacy of the Moscow State Institute of International Relations (U) of the MFA of Russia
COMPREHENSIVE ANALYSIS OF THE GLOBAL ENERGY TRANSITION FACTORS
The authors studied the definitions of “global energy transition factors” in domestic and foreign sources, and identified the 15 most frequent factors based on statistical and substantive analysis. Based on their analysis, the authors propose their own classification of energy transition factors. The following groups were identified: environmental, political, technological, financial, social factors. It is noted that the main priority and driving force of the energy transition is the decarbonisation of the energy sector.
Keywords: energy transition, factors, renewable energy sources, decarbonization, transformation of the energy system.
References
1. Mastepanov A. M. The main driving forces of the energy transition and the problems of its achievement // Problems of the post-Soviet space. – 2021. – No. 8. – S. 256-276.
2. Energy Transition Investment Trends 2022. Bloomberg NEF. 2022. [Electronic resource]. – Access mode: https://about.bnef.com/energy-transition-investment/ (date of access: 09/18/2022).
3. Energy Technology Perspectives 2017. International Energy Agency. 2017. [Electronic resource]. – Mode of access: https://www.iea.org/reports/energy-technology-perspectives-2017 (accessed 09/28/2022).
4. Global Energy Review 2021. International Energy Agency. 2021. [Electronic resource]. – Mode of access: https://www.iea.org/reports/global-energy-review-2021 (Accessed 2022-09-18).
5. World Energy Transitions Outlook: 1.5°C Pathway. International Renewable Energy Agency. 2022. [Electronic resource]. – Access mode: https://www.irena.org/publications/2022/Mar/World-Energy-Transitions-Outlook-2022 (Accessed 18.09.2022).
6. Tracking Clean Energy Progress 2021. International Energy Agency. 2021. [Electronic resource]. – Access mode: https://www.iea.org/topics/tracking-clean-energy-progress (accessed 09/28/2022).
7. Malikova O. I., Kiryushin P. A., Nikolaeva A. V. Technologicaldeterminants of the transformation of renewable energy and state support for the development of the energy industry // Management Sciences. – 2021. – V. 11. No. 1. – S. 35-50.
8. Yarovova T. V., Kiseleva D. D. Peculiarities of stimulating innovations in Russia. Moscow Economic Journal. – 2022. – Vol. 7. – No. 5.
ECONOMY. RIGHT. SOCIETY
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, leading researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation, Moscow; professor of Physical and socio-economic geography sub-faculty of the N. P. Ogarev National Research Mordovian State University, Saransk
LONG-TERM ACCENTS OF THE SPATIAL DEVELOPMENT OF INDIVIDUAL COUNTRIES: TO THE STUDY OF INTERRELATIONS OF THE COMPONENTS
The relevance of the article is due to the need to form and reform the modern spatial structure of Russia. On the basis of the selected criteria (the size of the territory, the length of land borders, the form of government, the neighboring position, the population of the territory, historical features of development, the type of economy, economic specialization, etc. ), a number of countries are considered, long-term features of their spatial development, dominant spatial structures are identified, the most promising, from the point of view of Russian practice, spatial structures and trends from the standpoint of the development of individual territories . The purpose of the work is to study scientifically based and promising areas to justify the development of the national space.
Keywords: spatial development, spatial structures, interrelations, regularities, territory development management.
References
1. Borshchevskaya O.S. Program-targeted methods of integration of priority development territories with the region of deployment: dis. … cand. economy Sciences: 08.00.05. M., 2020.
2. Makar S. V. Development of the national space: organizational and structural concepts // Economic policy of Russia in the context of global turbulence. T. 2. / Materials of Int. financial and economic Forum / Rep. ed. G. L. Podvoisky. M.: Financial University, 2015. S. 114-119. [Electronic resource]. – Access mode: http://elib.fa.ru/fbook/forum2_SRA3.pdf/view
3. Stroev P. V., Morkovkin D. E., Makar S. V. Current trends in the development of agglomerations // Creative Economy. 2020. Volume 14. No. 11. P. 2693-2712. DOI: 10.18334/ce.14.11.111071
4. Orlov S. L., Makar S. V. Special purpose of modern Russian agglomerations // Eurasian Law Journal. 2023. No. 1. P. 416-418.
5. Stroev P. V., Makar S. V. Foreign experience of spatial development and key accents for Russia // Regional economy. 2022. No. 1 (20). pp. 4-27. DOI: 10.24891/re.20.1.4
6. Fedulova S.I. Spatial planning in the countries of the European Union and in the Russian Federation: geographical features, best practices: dissertation … cand. geogr. Sciences: 25.00.24. St. Petersburg, 2017.
7. Economic development and regional diversity of the Russian Federation: monograph / Coll. ed. M.: Financial University, 2013. 188 p.
8. Reis E. Spatial income inequality in Brazil // Volume 15. Issue 2. 2014. Pages 119-140. DOI: 10.1016/j.econ.2014.06.006
ECONOMY. RIGHT. SOCIETY
OBUKHOVSKIY Alexey Sergeevich
postgraduate student of the 1st course of the Moscow Law-Financial Academy
DEVELOPERS AND REALTORS: CURRENT STATUS STATE AND PROSPECTS OF RELATIONSHIPS DEVELOPMENT
Recognizing real estate development and real estate business as one of the perspective and demanded directions of modern enterprise activity, the author gives the definition of these areas of management, allocates the characteristic features and qualification duties of specialists. The article outlines the strengths and weaknesses of cooperation between developers and realtors. The relevance of the topic of the proposed publication is determined by the analysis of the current state of affairs in the Russian real estate market, as well as by the examples of joint, quite productive cooperation between developers and realtors given by the author. The novelty of the research is determined by the directions and prospects for further development of these relationships described in the article.
Keywords: real estate market, real estate and development business, consulting agencies, consultant, object.
References
1. AN “Native House”. [Electronic resource]. – Access mode: https://www.rd34.ru/post/5.
2. Bzykov A. A. Real estate services on contractsyell of the commission // Scientific knowledge of modernity. – 2017. – No. 4 (4). — P. 35–38.
3. Developers and realtors: who is who who. [Electronic resource]. – Access mode: https://www.bfm.ru/news/466289.
4. Zueva D. A., Lavrov I. V. Development technologies for managing real estate activities in the real estate market // Modern business space: current problems and prospects. – 2014. – No. 1 (2). – P. 11-14.
5. How a realtor works with new buildings and developers. [Electronic resource]. – Access mode: https://mainseller.ru/kak-rieltoru-rabotat-zastroyschikami.html.
6. Mogileva I. Realtor and developer: relationships for the sake of the future. [Electronic resource]. – Access mode: https://www.frommillion.ru/magazine/662-rieltor-i-developer-otnosheniya-radi-buduschego/.
7. Petrova O. Interaction between developers and realtors. [Electronic resource]. – Access mode: https://news.ners.ru/vzaimodeystvie-developerov-i-rieltorov.html.
8. Razuvaev S. Developer and realtor. Cooperation or rivalry? [Electronic resource]. – Access mode: https://kartaslov.ru.
9. RBC Company. [Electronic resource]. – Access mode: https://realty.rbc.ru/news/617ec8319a79471df39d581c.
ECONOMY. RIGHT. SOCIETY
NERSESYANTS Boris Andreevich
master of economics, IE Boris Nersesyants (sales on WB ozon)
FEATURES AND PROBLEMS OF FRANCHISE MANAGEMENT IN THE BANKING SECTOR
Franchising is a well-known form of network cooperation. This has been widely described in terms of the relationship between the franchisee and the franchisor. These relationships are considered standard not only between the franchisor and the franchisee, but also as the basis of the network operating in the relevant sectors.
The development of a network of cooperation between organizations in the service sector is focused on direct contact with customers. It follows from this assumption that activities can be implemented that will demonstrate a certain level of uniqueness for the client. In this regard, the question arises about the role of franchisees in the network.
In this article, this problem will be built around franchise networks in the banking sector. The reason for this choice is the dynamic development of banking institutions operating on the franchise principle in recent years, which indicates their success in the market.
Keywords: franchising, franchisor, franchisee, franchise, franchising in the service sector, franchise network, franchising in the banking sector, banking franchise.
References
1. Dyakonova S. N., Botienko A. V., Osipov A. A., Myshovskaya L. P. Franchising: varieties, forms and ways of development. – Voronezh: Limited Liability Company “ORIGINS”, 2023. – 109 p.
2. Chirkova E. S. Development of franchising for scaling in small business: dissertation abstract for the degree of candidate of economic sciences. – Moscow, 2022. – 25 p.
3. Robert C. Hockett and Saule T. Omarova, The Finance Franchise, 102 Cornell L. Rev. 1143 (2017)
4. Robert C. Hockett, 2022. “Franchise Finance: Why We Retain It – And Why We Need Not,” Springer Books, in: The Citizens’ Ledger, chapter 0, pages 73-93.
ECONOMY. RIGHT. SOCIETY
NGUYEN Quoc Hung
Ph.D. in economical sciences, senior researcher of the Institute of Economics of the Russian Academy of Sciences
YAKOVLEV Artem Alexandrovich
Ph.D. in economical sciences, Deputy Director of the Moscow School of Economics of the M. V. Lomonosov Moscow State University
FEATURES OF THE INFLUENCE OF THE VIETNAMESE DIASPORA IN RUSSIA ON INVESTMENT COOPERATION BETWEEN THE COUNTRIES
The article is dedicated to the influence of the Vietnamese diaspora in Russia on economic cooperation and investment cooperation between Russia and Vietnam. The paper identifies the key features of the Vietnamese diaspora in Russia, classifies representatives of the diaspora by business activity, and examines cases of Vietnamese business organized in Russia. Recommendations are given to expand the involvement of the Vietnamese diaspora in Russia in the development of economic relations between the countries.
Keywords: Vietnamese diaspora in Russia, migration, Vietnamese business in Russia, Russian Vietnamese economic relations, investment cooperation.
References
1. Vietnamese community in the Russian Federation: Report at the scientific-practical conference “Vietnamese community in the countries of Eastern Europe and the former USSR” (in Vietnamese). – Hanoi, April 2001
2. Do Huong Lan, Nguyen Van Hong Entrepreneurship Vietnamof the Amskoy diaspora in Russia: problems and solutions // Human progress. – 2017. – Volume 3. No. 5.
3. Mazyrin V. M. Vietnamese migrants in modern Russia: ways of penetration, lifestyle, distinctive features and features // The problem of illegal migration in Russia: realities and search for solutions / Representative office of the International Organization for Migration in Russia. – M.: Gandalf, 2004. – S. 357–410.
4. Mazyrin V. M. Labor migration from Vietnam to Russia and methods of its regulation // Migration bridges in Eurasia: the role of labor migration in the socio-economic and demographic development of sending and receiving countries. – M.: Ekon-Inform, 2015. – 499 p.
5. Russian-Vietnamese relations in the modern world: Collective monograph / Ed. ed. L. B. Vardomsky, I. A. Korgun. – M.: Institute of Economics of the Russian Academy of Sciences, 2021. – 147 p.
6. Ryazantsev S. V., Le Duc Anh, Fung Hai Hoang, Moiseeva E. M. The Vietnamese diaspora in Russia and its contribution to the development of bilateral relations // Vietnam Studies. – 2022. -T. 6. No. 3. – P. 34-45.
7. Sokolov A. A. Vietnamese in Russia: history, culture, integration // Diaspora. – 2011. – No. 1. – P. 219–244.
8. Turaeva M. O., Yakovlev A. A. Russian-Vietnamese economic cooperation in the new conditions // Journal of the New Economic Association. – No. 1 (58). – P. 165-172.
9. Ha Mi Ding. Features of the Vietnamese diaspora in Russia // Society: sociology, psychology, pedagogy. – 2015. – No. 6. – P. 54-57.
10. Chesnokov A.S. Vietnamese diaspora in Russia: history and modernity // Bulletin of the Ural State University. Ser. 3, Social Sciences. – 2009. – No. 3 (69). — P. 40-46.
ECONOMY. RIGHT. SOCIETY
FARKHUTDINOV Alfis Marvanovich
engineer of the Computer Center sub-faculty of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technological University
KHUSAINOV Shamil Ildarovich
magister student of the Institute of Architecture and Civil Engineering of the Ufa State Petroleum Technological University
RAYANOVA Fanzilya Flyurovna
lecturer, magister student of the Ufa State Petroleum Technological University
THE RATE OF HOUSING CONSTRUCTION IN PRIVOZHSKY FEDERAL DISTRICT: THE ANALYSIS OF THE DEGREE OF INFLUENCE OF SOCIAL AND ECONOMIC FACTORS ON THE INPUT HOUSING
The social living conditions of people and related problems are one of the key indicators of the level and pace of socioeconomic development of modern society. The housing problem is characterized by several indicators. The purpose of this study is to analyze and highlight the degree of influence of the main factors on the quantitative indicators of the housing problem based on statistical data over the past few years. A statistical analysis of the influence of various factors on the price of housing in the regions of Privolzhsky Federal District was carried out. It has been established that the main factor influencing the input of new housing is the number of resident population.
Keywords: housing construction, average per capita income, input housing, population, cost of housing, statistical analysis.
References
1. Asaul A. N., Asaul M. A., Lyulin P. B., Chepachenko N. V. Housing construction trends in Russia and medium-term forecast. – 2019. – No. 3 (174). – P. 111-117.
2. Barkhatov V. I. Factor analysis of the interaction of foreign transnational corporations with the Russian economy // Bulletin of the Chelyabinsk State University. – 2008. – № 1. – P. 128-138.
3. Commissioning of residential and non-residential buildings by regions of the Russian Federation. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/14458 (accessed 16.02.2023)
4. Degtyarev A. N., Kuznetsova A. R. Trends in the development of housing construction in the Republic of Bashkortostan // Ufa Humanitarian Scientific Forum. – 2021. – No. 4 (8). – S. 36-47. – DOI 10.47309/2713-2358_2021_4_36.
5. Kuznetsova A. R. Trends in the development of the housing sector in the Republic of Bashkortostan // Fundamental Research. – 2021. – No. 3. – S. 66-71. – DOI 10.17513/fr.42982.
6. Average per capita cash income of the population. [Electronic resource]. – Access mode: https://fedstat.ru/indicator/57039 (accessed 24.03.2023).
7. Territorial body of the federal state statistics service for the Republic of Bashkortostan. Press release No. 09-1-07/1, Ufa, February 1, 2023
8. The number of resident population on average per year. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/14458 (accessed 10.04.2023)
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economic sciences of the Ufa State Petroleum Technological University
PRYANISHNIKOVA Alena Dmitrievna
magister student of the Ufa State Petroleum Technological University
RISK-ORIENTED APPROACH TO CORPORATE CONTROL OF CONTRACT EXECUTION IN THE COMPANY
This article discusses methodological approaches to the development of a risk-based system for monitoring the execution of contracts in a company. An analysis of the main business risks in the procurement activities of the company is presented. The methodology for conducting an express audit of contracts at the stage of their conclusion and execution is described.
Keywords: procurement, corporate control, procurement efficiency, financial losses, express audit, contract, business risks.
References
1. Burtsev VV Internal control in companies / HRportal. [Electronic resource]. — Access mode: http://hr-portal.ru/article/vnutrenniy-kontrol-vkompaniyah.
ECONOMY. RIGHT. SOCIETY
SHKAKHOVA Fazilya Abdulakhovna
lecturer of the H. M. Berbekov Kabardino-Balkarian State University
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, leading researcher of the Department of Scientific Research and Innovation of the H. M. Berbekov Kabardino-Balkarian State University
YANDIEVA Marita Salmanovna
Ph.D. in economical sciences, associate professor of Finance and credit sub-faculty of the Ingush State University
PROBLEMS OF THE OIL AND GAS MARKET OF THE RUSSIAN FEDERATION UNDER SANCTIONS PRESSURE
The sanctions had the most significant impact on the oil and gas sector of the Russian Federation. The oil and gas sector has become its lever of influence on the political and economic of the RF. The Russian Federation found itself in severe conditions of sanctions pressure, the oil and gas industry immediately felt the impact of the sanctions measures of Western and European countries. The decline in demand for oil and gas from European countries led to a slowdown in economic growth in Russia. This decline in demand is not a market one, but is artificial. Political disagreements have had an impact on the oil and gas sector of the Russian Federation. Adjustment of the budget of the Russian Federation was required as the volume of deliveries changed, oil and gas prices fell sharply as a result of the establishment of a “price ceiling” for Russian resources. This is due to the fact that a different cost of gas and oil was included in the budget revenue item. The oil and gas sector, even under sanctions pressure, has a number of competitive advantages. In this situation, it is necessary to strengthen competitive advantages, which will reduce pressure from European countries and the United States. The socio-economic development of Russia largely depends on the effectiveness of strengthening the competitive positions of the oil and gas industry.
Keywords: oil and gas market, sanctions, prices, natural gas, oil, gas pipeline, energy crisis, import, export, budget.
References
1. Baburina A. P., Galochkin V. T. Influence of export of gas, oil, equipment on the foreign trade balance in the Russian Federation // Chronoeconomics. – 2021. – No. 6 (34). – P. 51-55.
2. Gorbunova O. A. The impact of sanctions on the functioning of Russian companies in the oil and gas sector in the global oil and gas market // Bulletin of the Eurasian Science. – 2022. – V. 10. No. 2. – S. 13.
3. Koshkaeva T. S. The impact of economic sanctions on the digital transformation of oil and gas companies // Trends in the development of science and education. – 2022. – No. 85-6. – P. 126-129.
4. Khudyakova O. Yu., Ismailova A. M. Modern trends in the development of the world oil market // Scientific interdisciplinary research. – 2021. – P. 143-148.
5. Shuisky V. P. Shifts in the world economy and Russian export of energy carriers // Russian Foreign Economic Bulletin. – 2022. – No. 3. – P. 7-17.
ECONOMY. RIGHT. SOCIETY
WANG Wei
master’s degree of management of the Belarusian State University, Republic of Belarus
THE IMPACT OF GLOBALIZATION ON INCOME MOBILITY: EVIDENCE FROM DEVELOPING COUNTRIES
This paper aims to explore the impact of globalization on income mobility in developing countries, and conducts an empirical study using the panel data regression analysis method. The study found that the impact of globalization on income mobility is not simple or consistent, but depends on a variety of factors, such as the type and degree of globalization, the level of development and institutional arrangements of the country, and the risks and opportunities brought about by globalization. Therefore, more empirical research is needed to explore the impact of globalization on income mobility in different scenarios, and to put forward corresponding policy recommendations.
Keywords: globalization, developing countries, income mobility, panel data regression analysis, influencing factors, policy recommendations.
The article bibliographic list
1. Acemoglu D. Why do new technologies complement skills? Directed technical change and wage inequality // The Quarterly Journal of Economics. – 1998. – No. 113 (4). – P.p. 1055-1089.
2. Agénor P. R. Macroeconomic adjustment and the poor: Analytical issues and cross-country evidence // Journal of Economic Surveys. – 2004. – No. 18 (3). – Rr. 351-408.
3. Baldwin R., & Martin P. Two waves of globalization: Superficial similarities, fundamental differences. In H. Siebert (Ed.), Globalization and labor (pp. 3-59). – Tübingen: Mohr Siebeck, 1999.
4 Barro R. J. (2000). Inequality and growth in a panel of countries // Journal of Economic Growth. – 2000. – No. 5 (1). – Rr. 5-32.
5. Birdsall N., & Londono J. L. Asset inequality matters: An assessment of the World Bank’s approach to poverty reduction // The American Economic Review. – 1997. – No. 87 (2). – Rr. 32-37.
6. Bound, J., & Johnson G. Changes in the structure of wages in the 1980’s: An evaluation of alternative explanations // The American Economic Review. – 1992. – No. 82 (3). – Rr. 371-392.
7. Ciminelli G., Duval R., & Furceri D. Employment protection deregulation and labor shares in advanced economies // IMF Working Paper. – 2018. – No. 18/186.
8. Deininger K., & Squire L. New ways of looking at old issues: Inequality and growth. Journal of Development Economics. – 1998. – No. 57 (2). – Rr. 259-287.
9. Dollar D., & Kraay A. Trade, growth, and poverty // The Economic Journal. – 2004. – No. 114 (493). – Rr. 22-49.
10. Feenstra R. C., & Hanson G. H. Globalization, outsourcing, and wage inequality // The American Economic Review. – 1996. – No. 86 (2). – Rr. 240-245.
11. Frankel, J. A., & Romer D. Does trade cause growth? The American Economic Review. – 1999. – No. 89 (3). – Rr. 379-399.
12. Furceri D., Loungani P., Ostry J., & Pizzuto P. The distributional effects of capital account liberalization // Journal of International Money and Finance. – 2019. – No. 96 (C). – Rr. 198-217.
13. Heshmati A. The relationship between income inequality and globalization. In A. Heshmati (Ed.), Global trends in income inequality (pp. 1-30). – Hauppauge: Nova Science Publishers, 2007.
14. Jaumotte F., Lall S., & Papageorgiou C. Rising income inequality: Technology or trade and financial globalization? IMF Economic Review, 2013.
ECONOMY. RIGHT. SOCIETY
WEI Huang
researcher of G3 Laboratory of the TsingHua University, PRC
BLOCKCHAIN TECHNOLOGY TO ENHANCE THE PUBLIC SERVICE CAPABILITY OF DIGITAL GOVERNMENT
The article deals with issues related to the prospects for using blockchain technology to increase the ability of digital government to provide public services. In particular, such areas as: digital identification, confirmation of ownership and transfer of rights, self-executing contracts, registry management, optimization of healthcare services and management of social benefits are highlighted. In addition, the advantages and features of the introduction of blockchain in the public sector are identified.
Keywords: services, state, blockchain, trust, registry, law.
References
1. Elagin V. S. Blockchain application models in state information systems // Proceedings of educational institutions of communication. – 2022. – V. 8. – No. 4. – P. 65-73.
2. Elisa, Noe A Secure and Privacy-Preserving E-Government Framework Using Blockchain and Artificial Immunity // IEEE access: practical innovations, open solutions. – 2023. – Volume 11. – R. 8773-8789.
3. Taimazova E. A. The use of blockchain technology in e-government // Scientific notes of the Crimean Engineering and Pedagogical University. – 2022. – No. 1 (75). – P. 172-176.
4. Radionovsky D. P. Application of digital technologies by state authorities // Scientific works of the Center for Advanced Economic Research. – 2022. – No. 23. – P. 51-55.
5. Kravchenko L. A., Troyan I. A., Goryakhikh M. V. Digital solutions in public administration: trends, opportunities and limitations // Information society. – 2023. – No. 2. – P. 54-68.
ECONOMY. RIGHT. SOCIETY
GAISINA Gulyamda Ayratovna
magister student of the Faculty of Public and Municipal Administration and Economics of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
THE PROBLEM OF INTERACTION OF PUBLIC ADMINISTRATION BODIES WITH PARTICIPANTS OF THE GAS MARKET AND GAS SUPPLY SERVICES
The problem of interaction of public administration bodies with gas market participants and gas supply services is an important question, the answer to which determines the efficiency of the market and gas supply to consumers. The gas market and gas supply services play a crucial role in meeting the energy needs of individuals, enterprises and industries, thereby determining the energy and national security of the state. The object of research is the gas market, the subject of research is the state of the gas industry, characterized by structural interaction between the state and market participants. The purpose of the study is to study the problem of interaction of public administration bodies with gas market participants and gas supply services within the framework of the national management system. The study revealed that solving interaction problems requires strengthening the regulatory framework, improving communication and information exchange, as well as strengthening enforcement and compliance mechanisms. By making these decisions, interested parties can contribute to the creation of a transparent, efficient and competitive gas market, which will ultimately ensure the effectiveness of the functioning of public systems as a whole.
Keywords: regulatory framework, energy security, national security, law enforcement, technical requirements, digital platforms.
References
1. Romanova VV Legal support of gasification: problems and development trends // Legal Energy Forum. – 2017. – No. 4. – P. 6-14. – DOI 10.18572/2312-4350-2017-4-6-14. – EDN YVRKPB.
2. Zavalny P. N. Opportunities for interaction between sectoral NGOs and the state in the formation of sectoral state policy – An example and position of the Russian gas society // Energy policy. – 2018. – No. 2. – P. 40-45. – EDN UQCPZL.
3. Eremyakin A. V., Dimov O. D. Variant of interaction between OAO Gazprom and business entities of the gas market of the Russian Federation. Bulletin of the Orenburg State Agrarian University. – 2010. – No. 2 (26). – S. 155-158. – EDN MQGCKX.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economic sciences of the Ufa State Petroleum Technological University
SOZYKIN Alexander Dmitrievich
competitor of the Ufa State Petroleum Technological University
SAFRONOV Danil Yurjevich
competitor of the Ufa State Petroleum Technological University
DIGITAL SUPPORT OF THE COMPANY’S BUSINESS PLANNING BASED ON THE BUSINESSSPLAN PRO SOFTWARE MODULE
The presented article discusses the author’s approach to the development of the BusinessPlan Pro software module for strategic financial planning, budgeting and business planning of companies and individual business projects. The authors of the article demonstrate a fragment of the program code and analytical tables that display financial indicators and indicators, on the basis of which a managerial opinion is formed and strategically important managerial decisions are made.
Keywords: business plan, business planning, programming model, BusinessPlan Pro, program code, modeling, forecasting.
References
1. Aliyev V.S. Workshop on business planning using the Project Expert program. – M.: Infra-M., 2017. – 288 p.
2. Luzina E. S., Novikova N. B., Vyguzova K. V. Project management system Project Expert: study method. allowance. – Yekaterinburg: USTU, 2011 – 80 p.
ECONOMY. RIGHT. SOCIETY
SHKAKHOVA Fazilya Abdulakhovna
lecturer of the H. M. Berbekov Kabardino-Balkarian State University
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, scientific research of the Department of Scientific research and Innovation of the H. M. Berbekov Kabardino-Balkarian State University
TSOROEVA Marem Issaevna
senior lecturer of Finance and credit sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
PROSPECTS AND TRENDS IN THE DEVELOPMENT OF POPULATION MIGRATION IN RUSSIA AND ABROAD
People cross state borders to change their place of residence, find a new job or study. In the history of mankind, the movement of people across international borders has always occurred, but the pace of migration has increased everyyear. In recent years, the problem of international migration of the population has become more and more urgent. This is due to the fact that every year millions of people cross borders. The activity of migration processes is explained by the influence of political, social, economic, and environmental factors. International migration has both positive and negative consequences. In general, it can bring certain benefits to countries of origin and destination. But international migration brings problems and risks. Among the problems that international migration leads to, we note the following: the illegal exploitation of migrant workers, the increased burden on social services, and the increased level of social tension. The growth of migration determines the relevance of the research topic. Factors such as globalization, economic inequality and political instability lead to increased migration processes.
Keywords: migration, globalization, economic factors, migration processes, migrants, population, state regulation.
References
1. Babich A. A. Modern trends in migration processes and their significance // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 93-98.
2. Zhubrin R. V. Problems of combating illegal migration in the Russian Federation: monograph. – M.: Prospekt, 2019.
3. Kelepova M. E. Modern trends in demographic policy: the experience of foreign countries in the framework of the implementation of international legal obligations // Management in modern systems. – 2022. – No. 1. – P. 43-49.
4. Krasinets E. S. International labor migration in the development of modern Russia // Population. – 2022. – No. 2. – P. 104-116.
ECONOMY. RIGHT. SOCIETY
YUELONG Zhang
postgraduate student of the Institute of Business, Belarusian State University, Minsk, Republic of Belarus
RISK ASSESSMENT SYSTEM FOR NATIONAL ECONOMIC SECURITY
The article presents a study of the national economic security risk assessment system. The concept of the system is disclosed and the meaning of the terms “assessment” and “risk” is determined. In addition, current threats that can cause significant damage to the national economic security of the Russian Federation are identified. The conclusion is made about the identity and interconnection of the concepts of “national security” and “economic security”. In addition, the position is substantiated that when countering the threats of internal and external impact on the national economy, it is necessary to comprehensively apply risk assessment by means of the “risk management” system, taking into account the backbone principle at the strategic level .
Keywords: system, assessment, risk, national economic security, risk management, system-forming principle.
References
1. Baziev A. Kh. Economic and National Security: Relationship Issues // Young Scientist. –2017. – No. 48. – P. 229-234.
2. Energy Security Doctrine of the Russian Federation. [Electronic resource]. – Access mode: https://minenergo.gov.ru/node/14766 (date of access: 07/14/2023).
3. Zelentsov B.P. The use of the terms “assessment” and “determination” in reliability standards // Reliability. – 2021. – No. 3. – P. 35-38. – doi: 10.21683/1729-2646-2021-21-3-35-38
4. Lev M.Yu. Legal nature of the economic security of the state and its institutional aspects // Economic relations. – 2020. – Volume 10. – No. 2. – P. 447-466. – doi: 10.18334/eo.10.2.100903.
5. Malakhova E.V. The concept of the system and the main paradigmatic foundations of the system approach // Society: philosophy, history, culture. – 2021. – No. 6. – P. 17-23. – doi: 10.24158/fik.2021.6.2
6. Mityakov E.S., Mityakov S.N. Risk assessment in the tasks of monitoring threats to economic security. Proceedings of Nizhny Novgorod State Technical University. – 2018. – No. 1 (120). – P. 48.
7. Fundamentals of the state policy of the Russian Federation in the Arctic for the period up to 2035. [Electronic resource]. – Access mode: http://static.kremlin.ru/media/events/files/ru/f8ZpjhpAaQ0WB1zjywN04OgKiI1mAvaM.pdf. (Date of access: 07/14/2023).
8. Decree of the President of the Russian Federation of December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation” [Text] // Collection of Legislation of the Russian Federation.2016. No. 1 (part II). Art. 212.
9 Federal Law No. 390-FZ of December 28, 2010 (as amended on October 5, 2015) “On Security” [Text] // Collection of Legislation of the Russian Federation. 2011. No. 1. Art. 2.
10. Energy strategy of the Russian Federation for the period up to 2035. [Electronic resource]. – Access mode: https://minenergo.gov.ru/node/1026 (date of access: 07/14/2023).
11. Bertalanffy L. von. General System Theory: Foundations, Development, Applications. N. Y., 1969. 289 p.
PHILOSOPHY. RIGHT. SOCIETY
WANG Gang
Ph.D. in philological sciences, associate professor of the Dalian University of Foreign Languages, PRC
LI Xin
postgraduate student of the Dalian University of Foreign Languages, PRC
COMPARISON OF DIFFERENT TEXTS OF THE TRANSLATION INTO RUSSIAN OF THE PHILOSOPHICAL TREATISE “DÀO DÉ JĪNG”
The article is dedicated to the description and comparison of early translations of the philosophical treatise “Dào Dé Jīng” by Lao Tzu. The aim of this work is a comparative analysis of translations of the “Dào Dé Jīng” into Russian. The practical significance of the article lies in the fact that its materials may be of interest to philologists, students of foreign languages, philosophers and literary scholars studying the culture of ancient China. The author from the earlier translations of the early 20th century fills biographical information about Lao-tzu, his interest in knowing his Way, characterizes the basic concepts presented in the translations, and compares the translation of some lines. The author concludes that twentieth-century literati sought a more accurate reflection of Lao-tzu’s philosophical thoughts on Taoism. The main concepts mentioned in the translations are Tao (Tao), Heaven and Earth, Wisdom, Humanity, Power and Strength, Light and Darkness. The study can be continued in the comparative aspect of the early and later translations of the philosophical treatise.
Keywords: translation, Russian, Chinese philosophical treatise “Dào Dé Jīng”, Lǎo Zǐ, China.
References
1. Balmont K. Anthems, songs and plans of the ancients. – M .: T / D “Printing”, 1908. – 222 p.
2. Kobzev A. I. Lao-tzu and Buddha – “coincidence of two in one” or “bifurcation of one”? // Society and state in China. – M.: Eastern literature, 2009. – S. 221-225.
3. Lao Si. Tao-Te-King or writing about morality. / Ed. L. N. Tolstoy. Per. from Chinese prof. D. P. Konissi, note. S. N. Durylina. – M.: T / D “Printing”, 1913. – 72 p.
4. Lukyanov A. E. Tao Te Ching: Prephilosophy and Philosophy // Philosophical Sciences. – 1989. – No. 2. – P. 46-54.
5. Popov E. I., Tolstoy L. N. Sayings of the Chinese sage Lao Tze, selected by L. N. Tolstoy. – M .: Tipo-lit. T-va I.N. Kushnerev and Co., 1910. – 32 p.
6. Yang Hing-shun. Dao Te Ching. Per. with an ancient whale // Ancient Chinese philosophy. In 2 vols. T. 1. – M.: Thought, 1972. – S. 114-139.
PHILOSOPHY. RIGHT. SOCIETY
GRISHINA Elena Sergeevna
Ph.D. in science philosophicals, associate professor of Military-political work in the military (forces) sub-faculty of the S. O. Makarov Pacific Ocean Higher Naval School of the Ministry of Defense of the Russian Federation
KOTLOVA Tatiana Borisovna
Ph.D. in historical sciences, professor of History, philosophy and law sub-faculty of the Ivanovo State Energetical University
ETHICAL AS A UNITY OF LEGAL, ETHICAL AND MORAL REGULATION
Based on the actualization of the need to deepen the study of all forms of communication in the current situation of the development of the anthropological crisis, the authors study the role of norms of behavior in various forms of communication. The result of the study is the conclusion about the need for theoretical and practical distinction between the norms of morality, ethics and law in order to develop a methodology that is as uniform as possible for the majority of their unification in the context of ethics. Ethical reasoning in conjunction with natural science research is designed to increase the effectiveness of the legal system by increasing the degree of coincidence of public and individual interests and norms of behavior.
Keywords: law, morality, morality, ethics, individuality, socialization, rationing.
References
1. Adorno T. V. Problems of moral philosophy / Per. with him. M. L. Khorkova. – M.: Respublika, 2000. – 239 p.
2. Apresyan R. G., Huseynov A. A. Ethics: Encyclopedic Dictionary. – M.: Gardariki, 2001. – P. 573.
3. Akhmetshina Yu. V. Legal ethics of a lawyer and a judge: site // MNKO. – 2018. – No. 2 (69). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-etika-yurista-i-sudi (date of access: 01/16/2023).
4. Melnik S.V. Correlation of legal and moral principles of behavior of judges of the Russian Federation: site // Uchenye zapiski OGU. Series: Humanities and social sciences. – 2015. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sootnoshenie-pravovyh-i-nravstvennyh-nachal-povedeniya-sudey-rf (date of access: 03/16/2023).
5. Muratov R. E. On the codification of the moral standards of judges in the Russian Federation: website // Law and Law. – 2018. – No. 12. – P. 31-134. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-kodifikatsii-nravstvennyh-norm-deyatelnosti-sudey-v-rossiyskoy-federatsii (date of access: 03/22/2023).
6. Nazarenko G. V. History of guilt and subjective imputation: site // Uchenye zapiski OSU. Series: Humanities and social sciences. – 2013. – No. 1. – P. 5-9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-viny-i-subektivnogo-vmeneniya (date of access: 04/23/2023).
7. Novgorodtsev P. I. The crisis of modern legal consciousness: site. – Moscow: Publishing house of the I. N. Kushnerev and Co., 1909. (Introduction to the philosophy of law). – [Electronic resource]. – Access mode: http://elib.shpl.ru/ru/nodes/58658-novgorodtsev-p-i-krizis-sovremennogo-pravosoznaniya-m-1909-vvedenie-v-filosofiyu-prava-vyp-2#mode/inspect/ page/7/zoom/4 (date of access: 04.04.2023).
8. Rulinsky V. V. “The problem of guilt” in the writings of Karl Jaspers // Bulletin of MGIMO. – 2011. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-viny-v-trudah-karla-yaspersa (date of access: 05/04/2023).
9. Sapolsky R. Biology of Good and Evil. How science explains our actions. – M .: LLC “Alpina non-fiction”, 2019. – 1399 p.
10. Modern dictionary of foreign words. – Moscow: Russian language, 1999. – 742 p.
11. Turysheva O. Wine as a subject of artistic thought: F. M. Dostoevsky, F. Kafka, L. Von Trier. – Yekaterinburg: Publishing House of the Ural University, 2017. – 152 p.
12. Philosophy: Encyclopedic Dictionary / Under. ed. A. A. Ivina. – M.: Gardariki, 2004. – 1072 p.
13. Yurchak E. V. The theory of guilt in law. – M.: Prospekt, 2016. – 160 p.
14. Jaspers K. The spiritual situation of time // Jaspers K. The meaning and purpose of history. – M.: Politizdat, 1991. – S. 288-420.
PHILOSOPHY. RIGHT. SOCIETY
KOBYLKIN Roman Alexandrovich
Ph.D. in science philosophicals, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
SOME PROBLEMS OF THE STUDY OF SOCIO-PHILOSOPHICAL ASPECTS OF LAW
The article attempts to analyze the law from the standpoint of social philosophy. The specificity of philosophical cognition of reality consists in the desire to find the ultimate foundations of existence. If this is a social philosopher, then in this case, these grounds may be law. Despite the fact that there is a whole section of philosophy of law in Russian science, however, the definition of law in it comes from historically established ideas, in its Kantian and Hegelian understanding. Therefore, there is a need to understand law from the standpoint of sociology and philosophy. The indicated research perspective fully corresponds to the subject of philosophy and sociology.
Keywords: law, social philosophy, sociology of law, legal law.
References
1. Gubin V. D. Philosophy: actual problems. 2nd ed. – M., 2006. – S. 7.
2. Hegel G. V. F. Philosophy of law. – M., 1990. – S. 59.
3. Hegel G. V. F. Philosophy of law. – M., 1990. – S. 60.
4. Hegel G. V. F. Philosophy of law. – M., 1990. – S. 67.
PHILOSOPHY. RIGHT. SOCIETY
KULESHOV Valeriy Ermolaevich
Ph.D. in science philosophicals, professor of Humanitarian and socio-economic disciplines sub-faculty of the S. O. Makarov Pacific Ocean Higher Naval School of the Ministry of Defense of the Russian Federation
MEANING OF LIFE AND DUTY: DIALECTICS OF INTERRELATION
The author demonstrates that sense of duty of man is inextricably connected with his understanding of the meaning of life, the latter being the ultimate value of a person. Therefore societal claims transforms into personal sense of obligation in case they coinside with person’s vital concerns. The article examines the concept of sense of duty, postulates the necessity of, morality and justice in the sphere of politics.
Keywords: meaning of life, duty, morality, dialectics, interest, mentality, values.
References
1. Berdyaev N. A. Self-knowledge. – M.: International relations, 1990. – 336 p.
2. Godfroy J. What is psychology. – M.: Mir, 1992. – 368 p.
3. Montaigne M. Experiments. – M.: Pravda, 1991. – 656 p.
4. Sartre J.-P. Existentialism is humanism // Twilight of the gods. – M.: Politizdat, 1979. – S. 319-434.
5. Spinoza B. Ethics proved in geometrical order // Spinoza B. Favorites. – Minsk: Potpourri, 1999. – S. 313 – 590.
6.Tolstoy L. N. Confession // I cannot be silent. – M.: Soviet Russia, 1985. – S. 39-96.
7. Philosophy: Encyclopedic Dictionary. – M.: Gardariki, 2004. – 1072 p.
8. Frankl V. Man in search of meaning. – M.: Progress, 1990. – 368 p.
9. Cicero. About old age, about friendship, about duties. – M.: Nauka, 1993. – 123 p.
10. Chanyshev A. N. A course of lectures on ancient philosophy. – M.: Higher School, 1981. – 374 p.
11. Manning D., Robinson T. The place of ideology in political life. – L.: Croom Helm, 1985. – 156 p.
PHILOSOPHY. RIGHT. SOCIETY
SALIKHOV Gafur Gubaevich
Ph.D. in philosophy sciences, professor of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
SPIRITUAL CULTURE OF PEOPLES BETWEEN THE IRTYSH AND THE VOLGA IN THE MIDDLE AGES
The text presents a philosophical overview of spiritual culture within the framework of the historical connection of the medieval Turkic-Persian world. The name of Yu. Balasagunsky, due to the historical significance of his work for the Turkic civilization, is also assigned a link in the chain of the spiritual heritage of the Bashkir people. The issues of the adoption of Islam, spiritual education, the influence of the Turkic-Persian culture on the life of the people are touched upon. In the Middle Ages, the culture of the Turks, who inhabited the expanses from the Aral to the Urals, from the Irtysh to the Volga, developed under the influence of the Persian world.
Keywords: language, spirituality, culture, writing, poem, knowledge, faith.
References
1. Salikhov G. G. Language as a sphere of culture of the dialogue of cultures (on the example of the Bashkir language). The culture of the dialogue of cultures in a globalizing world / Collective monograph: scientific editors Fayzullin F. S., Mamedzade I. R., Melikov I. M., Gezalov A. A. – Moscow: “Canon +” ROOI “Rehabilitation”, 2022. – 520 p.
2. Mahmud al-Kashgari. Sofa Lugat at-Turk. / Translated, foreword. and comment. Z.-M. Auezov. – Almaty, 2005. – 1279 p.
PHILOSOPHY. RIGHT. SOCIETY
STEPANENKO Alexey Sergeevich
Ph.D. in science philosophicals, associate professor, Head of Humanitarian and socio-economic sciences sub-faculty, Director of the East Siberian (Branch) of the Russian State University of Justice, Irkutsk
THE PHILOSOPHY OF ARTIFICIAL INTELLIGENCE AND THE NATURE OF CONSCIOUSNESS
One of the central questions of the philosophy of artificial intelligence is whether machines can really have intelligence. This question is closely related to the nature of consciousness. The relevance of the research lies in the fact that consciousness refers to the subjective experience of awareness, self-reflection and the ability to perceive and comprehend the world, and understanding the nature of consciousness is crucial for determining whether machines can exhibit intelligence expressed in awareness or simply imitate the process. The object of research is intelligence and consciousness as a subjective experience of self-reflection and self-awareness by a person, the subject of research is artificial intelligence as a phenomenon of technological development of society. The purpose of the study is to consider issues related to the possibility of creating machines capable of demonstrating reasonable behavior, the manifestation of ethical aspects related to artificial intelligence, and its impact on human society. In the article, the authors discuss key issues and implications related to artificial intelligence consciousness, including ethical considerations, moral responsibility, and the potential reinterpretation of human identity.
Keywords: integrated information, self-reflection, awareness, functionality, moral responsibility, ethics of behavior.
References
1. Haugeland J. Artificial intelligence: The very idea. – MIT press, 1989.
2. Poletaeva Yu. G., Dyakova N. V. Peculiarities of Descartes’ epistemology: dualism of methodical doubt // Colloquium-journal. – Golopristan Regional Employment Center, 2019. – No. 12 (36). – P. 87-89.
3. Sekatskaya M. A. Functionalism as a scientific philosophy of consciousness: why the argument about qualia cannot be decisive // Questions of Philosophy. – 2014. – No. 3. – P. 143-152. – EDN SBTQDR.
4. Tanyushina A. A. Philosophical problems of the theory of integrated information D. Tononi // Bulletin of the Moscow University. Series 7. Philosophy. – 2020. – No. 1. – P. 18-31.
5. Turing T. Can a machine think? – M., 1960.
PHILOSOPHY. RIGHT. SOCIETY
YASHIN Anatoliy Nikolaevich
Ph.D. in science philosophicals, associate professor, Head of Jurisprudence sub-faculty of the Murmansk Arctic University
KOPYLOV Ilya Vladimirovich
competitor of Philosophy and social sciences sub-faculty of the Murmansk Arctic University
METAPHYSICS OF THE REVOLUTION IN EURASIAN HISTORIOSOPHY
Eurasian thinkers offered an original view of the spiritual meaning of the Russian revolution, different from all interpretations existing at that time. Considering the process of degradation of imperial statehood in its final period of development, the Eurasianists noted among the pernicious causes the intensive processes of cultural westernization, which destabilized social relations. Their result was the atomization of the social community, the dismemberment of the once single social organisms into antagonistic classes and groups, and the aggravation of the internal struggle between them. In Bolshevism, the Eurasianists recognized a necessary, but at the same time temporary, guarantee of maintaining the territorial integrity of the state. The historical necessity of Bolshevism was due to the need to urgently slow down the processes of Europeanization and turn the Russian state to the internal cultural reserves of its own development.
Keywords: Eurasianism, state, power, Russian revolution, ideology, dictatorship, symphonic personality, Russia-Eurasia.
References
1. Alekseev N. N. Eurasianism and Marxism // Eurasian collection / Ed. N. N. Alekseev, V. N. Ilyin, N. A. Klepinin, P. N. Savitsky and K. A. Chkheidze. – Prague: Eurasian publishing house, 1929. Book. 6. – P. 7-15.
2. Eurasianism: the experience of a systematic presentation // Savitsky P. N. Continent Eurasia. – M.: Agraf, 1997. – S. 13-78.
3. Karsavin L.P. Phenomenology of revolution // Klyuchnikov S.Yu. Russian knot of Eurasianism. East in Russian thought. Collection of works of Eurasians. – M.: Belovodie, 1997. – 527 p.
4. Suvchinsky P.P. To overcome the revolution // Evraziyskiy vremennik. Book. III. – Berlin: Eurasian publishing house, 1923. – S. 30-51.
5. Trubetskoy N. S. Europe and humanity. – Sofia: Russian-Bulgarian publishing house, 1920. – 82 p.
6. Trubetskoy N. S. We and others // Evraziyskiy vremennik. Book. V. – Paris: Eurasian publishing house, 1927. – S. 66-81.
PHILOSOPHY. RIGHT. SOCIETY
ABDEEV Artur Azatovich
master of Sharia Sciences, doctoral student of the Bulgarian Islamic Academy, Republic of Tatarstan, Bolgar
HADITH ABOUT THE RENEWAL OF RELIGION IN THE UNDERSTANDING OF SHIHABUTDIN MARJANI» (BASED ON THE BOOK «MUKADIMA WAFIYYAT AL-ASLYAF»)
The article presents an analysis by Shigabutdin Al-Marjani of the well-known hadith regarding the “renewal of religion” based on the work of “Mukadim Wafiyyat al-aslyaf wa tahiyyat al-ahlyaf” (“Preface to devotion to ancestors and greetings to descendants”) by the outstanding theologian Sh. Marjani (1818-1889). This work is written in Arabic and is an interpretation of the work, which details the issues of history related to the section of history. It is distinguished by many features that distinguish it from other works on this subject.
After a deep analysis, one can come to the conclusion that Marjani does not consider this hadith literally, believing that it is impossible to limit a century to only one person who has made a significant contribution to the development of Muslim society, believing that in every sphere of human life there will constantly appear people who will make a significant contribution to the development of both science and society as a whole.
Keywords: Marjani, ibn Khaldun, history, Wafiyyat al-aslyaf, tajdid, muqadimah, hadith, renewal of religion.
References
1. Adygamov R.K. Problems of Islamic law in the legacy of Shigabutdin Marjani Minbar // Islamic Studies. – 2019. – No. 12 (2). – S. 499-510.
2. Akhunov A. Books by Marjani // Idel. – 2008. – № 11. – S. 52-53.
3. Akhunov A. Shigabutdin Marjani. Being great is not easy // Idel. – 2008. – № 6. – S. 26-30.
4. Gabdullin Z. Mukaddima Vafiyat al-aslaf wa tahiyat al-akhlaf: Sh. Marjani as a source on the history of Islam: // From the history of Tatarstan and the Tatar people. – Kazan: Fan. 2003. – S. 60-70.
5. Zaripov I. Islamic theologians, Tatar public figures about Sh. – 2005. – № 1. – P. 161-171.
6. Marjani Sh. Vafiyat al-aslaf wa tahiyat al-akhlaf. Manuscript. Kazan Federal University. – V. 6. – 240 p.
7. Marjani Sh. Mukaddima. – Kazan: Type. G. M Vyacheslav, 1883. – 411 p.
8. Miloslavsky G.V. Petrosyan Yu.A. Piotrovsky M.B. etc. Islam: Encyclopedic Dictionary. – Moscow: Science. Main edition of Eastern literature, 1991. – 315 p.
9. Olina S. Mardzhani, a person and a thinker // Republic of Tatarstan. – 2018. – No. 137. – P. 5-12.
10. Syukiyainen L. R. Islamic law: the interaction of legal and religious principles // Yearbook of libertarian legal theory. – 2007. – № 1. – S. 97-106.
11. Khairullina A. “Tatar Herodotus” // Kazan. – 2018. – No. 2. – P. 14-16.
12. Shagaviev D. A. The role of Shigabutdin Marjani in the development of Tatar theological thought of the 19th century: dis. … cand. ist. Sciences. – Kazan, 2010. – 187 p.
PHILOSOPHY. RIGHT. SOCIETY
KONOPLEVA Anna Alexeevna
Ph.D. in science philosophicals, associate professor, Deputy Head of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
THE INFLUENCE OF THE POLITICAL FACTOR ON THE DEVELOPMENT OF YOUTH IDENTITY (ON THE EXAMPLE OF THE REPUBLIC OF CRIMEA)
The article discusses various aspects of the influence of the political factor on the development of youth identity. As an empirical base, the processes associated with the secession of Russia and the Republic of Crimea are considered. It has been established that the formation of human capital depends on the political decisions made. Five areas of political work have been identified (defining a consolidating principle, drawing demarcation lines, combating fake influence, supporting youth initiatives, raising political culture), which are becoming relevant in the modern conditions of hybrid influence. The materials and proposed in the article on the formation of youth identity in the conditions of hybrid influence recommendations can be used when organizing activities in the new territories of Russia.
Keywords: identity, youth, political factor, Republic of Crimea, worldview, “Crimean Spring”, state security, hybrid technologies.
References
1. Konopleva A. A. Hybridity of modern civilization // POISK: Politics. Social science. Art. Sociology. Culture. – 2018. – No. 4 (69). – P. 53-61.
2. Chudina-Schmidt N. V., Mishchenko V. S. Informatization of the modern world as a condition for the transition of the individual to criminal plans and the commission of a crime // Digital World: Prospects and Threats for Human Civilization. Part 2. Collection of scientific articles based on the materials of the International Scientific and Theoretical Conference. – 2023. – P. 173-177.
3. Zvereva I. A. Identity as a philosophical problem: abstract for the degree of candidate of philosophical sciences. [Electronic resource]. – Access mode: http://cheloveknauka.com/identichnost-kak-filosofskaya-problema (date of access: 05/27/2023).
4. Krautman T. E., Balatskaya Yu. Yu. The structure of the semantic field “mentality and worldview” as a reflection of the formation of youth principles under the influence of social networks // Ensuring the mental security of youth in conditions of real threats and potential challenges. – Simferopol, 2021. – P. 61-67.
5. Butkevich S. A. Fake news and media: problems of differentiation and penalization // Yurist-Pravoved. – 2021. – No. 2 (97). – P. 74-79.
6. Muddy S. Theories of personality: a comparative analysis. – St. Petersburg: Speech, 2000. – 542 p.
PHILOSOPHY. RIGHT. SOCIETY
POKUL Anastasia Anatoljevna
scientific researcher of the Information Technology Department of the Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
CULTURE OF INFORMATION SECURITY OF CITIZENS OF THE RUSSIAN FEDERATION IN THE CONDITIONS OF DIGITALIZATION OF THE ECONOMY
The article discusses the threats to information security, pays attention to the formation of an information security culture not only among citizens, but also among civil servants. It is proposed to develop measures to protect information among different age categories of citizens, because information is today one of the most important strategic and management resources.
Keywords: information security, information security culture, information culture, threats to information security, information, information protection.
References
1. Nurmeeva N. R. Formation of information culture as a reflection of modern requirements of the information society // Educational technologies and society. – 2008. – T. 11. No. 4. – 406 p.
2. Prokhorova E. N. Legal aspects of ensuring cybersecurity // Gaps in law in the context of digitalization Collection of scientific papers / Team of authors, Infotropic Media LLC. – Moscow: Infotropic Media, 2022. – 424 p.
PHILOSOPHY. LAW. SOCIETY
SEMKIN Andrey Vladimirovich
postgraduate student of Philosophy sub-faculty of the Humanitarian Institute of the North Caucasus Federal University, Stavropol
THE SPECIFICITY OF THE VALUE FOUNDATIONS OF COMMUNICATION IN THE CONTEXT OF SYSTEMIC AND STRUCTURAL CHANGES IN MODERN RUSSIAN SOCIETY
The article discusses the features of the axiological profile of communication between Russian social subjects in the context of modern socio-political instability and economic sanctions. In the political sphere, structural and systemic changes are associated with the need to ensure national security, therefore, at the basis of communication between social subjects, political structures broadcast the values of patriotism, based, in turn, on the orientation towards the statehood and political sovereignty of Russia as a special country-civilization. In Russian economic structures, the development of values associated with innovative thinking, the ability to both scientific and technical creativity, and the ability to introduce developed and created innovative materials, processes and technologies into the scientific and production environment is especially significant.
Keywords: society, social structure, communication, values, political institutions, patriotism, economy, creativity.
References
1. Sorokin P. A. Social and cultural dynamics. – M.: Academic project, 2020. – 988 p.
2. 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.
3. 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.
4. 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.
5. 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.
6. Ponarina N. N., Gubanova M. A., Rudykh S. A. Spirituality of the person of the information society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 145-151.
7. 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. – № 5. – S. 83-86.
8. Luman N. Society as a social system. – M.: Logos, 2004. – 232 p.
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
ON SOME ASPECTS AND PROSPECTS OF DEVELOPMENT OF NATIONAL SELF-CONSCIOUSNESS OF AUTOCHTONIC PEOPLES OF THE RUSSIAN FEDERATION OF THE RUSSIAN FEDERATION
The author analyzes certain aspects of national identity. The central issues of the study are the possible prospects for the national identity of the autochthonous peoples of the Russian Federation in the modern era.
Keywords: autochthonous peoples, nation, national identity, national languages, localization, globalization, identity, ethnicity.
References
1. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5988412.
2. Arkaim / S. V. Kuzminykh // Ankylosis – Bank. – 2005. – S. 225. – (Great Russian Encyclopedia: [in 35 volumes] / editor-in-chief Yu. S. Osipov; 2004-2017, v. 2). — ISBN 5-85270-330-3.
3. Derbent / Alikberov A. K., Gadzhiev M. S., Kasumov N. K., Skakov A. Yu., Khan-Magomedov S. O. // Great Russian Encyclopedia. — 2007, 2020.
4. Scythians // Great Soviet Encyclopedia.
5. Sulimirsky T. Sarmatians. Ancient people of the south of Russia. – M.: ZAO Tsentrpoligraf, 2008.
6. Gumilyov L. N. The history of the Xiongnu people. Kovalyov A. A. The origin of the Xiongnu according to the data of history and archeology. // Europe – Asia: Problems of ethno-cultural contacts. To the 300th anniversary of St. Petersburg. – St. Petersburg, 2002. – P. 150194.
7. Gavritukhin I. O. Huns // BRE. T. 8. – M., 2007. – S. 160.
8. Kyzlasov I. L. Television tower – Ulaanbaatar. — M.: Great Russian Encyclopedia, 2016. — P. 621—622.
9. Taskin V. S. Materials on the history of the ancient nomadic peoples of the Donghu group / N. Ts. Munkuev. – Moscow: Nauka, 1984. – S. 4. – 487 p.
10. Arapov D. Yu. Avar Khanate // BRE.
11. Yampolsky Z. I. Caucasian Albania // Great Soviet Encyclopedia. – M., 1969. – T. I.
12. Mammaev M. M. Zirihgeran-Kubachi, essays on history and culture. – Makhachkala, 2005. – P. 50.
13. Veidenbaum E. Journey through the Caucasus. – Tiflis, 1888. – S. 109.
14. Ancient Turkic runic writing // Great Russian Encyclopedia: [in 35 volumes] / ch. ed. Yu. S. Osipov. — M.: Great Russian Encyclopedia, 2004. — 2017.
15. Archeology of the USSR. Ancient states of the Northern Black Sea region. – M., 1984.
16. Komissarov S. A., Shulga D. P. Avar antiquities as a possible basis for identifying the archaeological sites of the Juan // Bulletin of the Novosibirsk State University. Series: History. Philology. – 2009. – V. 8, no. 5. – S. 186-188.
PHILOSOPHY. RIGHT. SOCIETY
YASHIN Anatoliy Nikolaevich
Ph.D. in science philosophicals, associate professor, Head of Jurisprudence sub-faculty of the Murmansk Arctic University
KOPYLOV Ilya Vladimirovich
competitor of Philosophy and social sciences sub-faculty of the Murmansk Arctic University
IDEOLOGICAL AND MORAL FOUNDATIONS OF STATE LEGAL PROJECTING IN THE DOCTRINE OF EURASIANITY
This article shows the ideological and moral foundations of state-legal design in the teaching of Eurasianism. The authors emphasize the desire of Eurasians for comprehensiveness and depth in revealing the social, political, legal, economic, spiritual and other spheres of the existence of the Russian state and society. It is noted that when analyzing each of these areas, the Eurasians sought to discover the spiritual and metaphysical principles that permeate the entirety of even the most ordinary and routine human activity, as well as to the problem of moral choice and personal self-improvement of a person.
Keywords: Eurasianism, statehood, society, law, justice, truth, freedom, demotia.
References
1. Alekseev N. N. Russian people and state. M.: Agraf, 1998. 640 p.
2. Alekseev N. N. On the guarantee state // Eurasian chronicle. 1937. Issue. 12. P. 19-24.
3. Alekseev N. N. Ownership and socialism. Experience in substantiating the socio-economic program of Eurasianism. Paris: Eurasian Book Publishing, 1928. 117 p.
4. Alekseev N. N. To the question of the transformation of the Soviet state system // Eurasian collection. Edited by: N. N. Alekseev, V. N. Ilyin, N. A. Klepinin, P. N. Savitsky and K. A. Chkheidze. Prague: Eurasian publishing house, 1929. Book. 6. 80 p.
5. Alekseev S. S. Law: alphabet-theory – philosophy: Experience of complex analysis. M.: NORMA-INFRA, 1999. 712 p.
6. Maksheev N. A. On the education of the leading selection // Eurasian Chronicle. 1937. No. 12. P. 34.
7. Savitsky P. N. Ideas and ways of Eurasian literature // Selected / P. N. Savitsky; [comp., author intro. Art. E. L. Petrenko, authors comment. M. I. Ivanov, T. V. Ivanova, A. L. Petrenko]. M.: Russian Political Encyclopedia (ROSSPEN), 2010. 776 p.
8. Sadovsky, Ya. D. To the Opponents of Eurasianism (Letter to the Editor) // Eurasian Times. – Book III / Non-periodical edition, ed. P. N. Savitsky, P. P. Suvchinsky and Prince. N.S. Trubetskoy. Berlin: Eurasian Book Publishing, 1923. P. 170.
9. Trubetskoy N. S. All-Eurasian federalism // Eurasian chronicle. Paris, 1927. Issue. 9. P. 261.
10. Shatmatov M. A. The State of Truth (An Experience in the History of State Ideals in Russia) // Eurasian Times. Berlin, 1923. Book 3. P. 296.
11. Wiederkehr S. “Conservative revolution” a La Russe? AN interpretation of classic eurasianism in a European context // Journal of Modern European History. 2017. V. 15. No. 1. P. 72.
12. Alekseev N. N. Soviet federalism // Eurasian Vremennik. 1927. Book. 5. S. 254.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
7,357 ВСЕГО, 1 СЕГОДНЯ