CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №10(185)2023
PERSONA GRATA
A. Khayrullin:
A discourse on the nature of national upbringing and education in modern Russia
Interview with Vitaliy Agzamovich Khairullin, a leading scientific consultant at the Center for Forensic Examination of the SAPIENS Group of Companies, scientific consultant to the Federal Public Sports Organization NATATAMI, scientific editor of a peer–reviewed scientific publication from the list of the Higher Attestation Commission “Discussion”, Deputy General Director for Economics of the Scientific and Production Enterprise Ecopromsystem.
EURASIAN INTEGRATION
Khalipov S. V
Problems of public law definition of import and export of goods in the context of the Eurasian Economic Union
INTERNATIONAL LAW
Kravchuk A. M.
Development issues of special terminology in the sphere of regulation of circulation of medicinal products in Eurasian Economic Union
Mishalchenko Yu. V., Ladyka S. I.
Collective self-defense, non-international armed conflict, peacekeeping operations: some aspects related to the need to ensure compliance with international humanitarian law
Alieva M. N., Ramazanova D. A.
Issues of international legal regulation of the emergence of the right to life and the problem of abortion in the context of bioethics
Gulyaeva E. E.
The role of international organizations in countering bioterrorism
Talimonchik V. P.
Global Digital Compact: current state of development and prospects for adoption
Mohammad J.
International arbitration: its system and key features
INTERNATIONAL PRIVATE LAW
Rotar D. E.
Legal aspects of corporate migration mechanisms in cross-border bankruptcy
Rusakova E. P., Falkina G. Yu.
Approaches to the regulation of smart contracts: EU experience
THEORY OF STATE AND LAW
Amanaliev U. O., Mamytova A. O.
Selection and training of state and municipal employees in the Kyrgyz Republic: theoretical and legal research
Bayniyazova Z. S.
On some aspects of the balance of the legal system of the Russian state in the digital age
Gorbunov M. D.
Neil McCormick on the state in the normative system
Zikunova N. V.
Psychological service in the mechanism of the state
Maltseva T. V.
The implicit content of the legal category “warning”
Osadchuk E. A.
Social conditionality and principles of electoral law
Sidoruk A. Yu.
Properties of public authority and the need to limit them
Shishkhanov K. U.
The concept and ideological origins of Russian conservatism
Ignatjeva A. V.
General theoretical analysis of the phenomenon of «circumvention of the law»
Matantsev D. A.
Theoretical view on the concept of «managerial legal relationship»
HISTORY OF STATE AND LAW
Bessilin N. A., Utyagulov M. M.
Resettlement of peasants to Bashkiria at the turn of the XIX-XX centuries
Ladygina O. A.
Development of the legal status of the individual in the Soviet period
Lonshakov A. A.
Classification of militia formations of the Russian Empire and their role in the functioning of the state
Sergeeva T. N.
The function of national defense: Soviet experience and modern challenges
Vasiljeva Yu. A.
Development of problems of objectively illegal behavior in Soviet legal science
Gulyaeva E. E., Beschetnov S. S.
Statutory law and features of its codification in the Caribbean Islands of the XVII-XIX centuries
Taygarov M. A.
Activities of the police apparatus of the Ministry of Internal Affairs of the Russian Empire to combat the revolutionary movement in the Caucasus at the beginning of the XX century
Sypchenko A. V.
Russian historian V. A. Myakotin about the policy of Hetman P. Skoropadsky in Ukraine
Gerasimenko A. A.
The fight against economic crimes at the turn of the 70s and 80s of the 20th century in the USSR
ADMINISTRATIVE LAW
Bagishev O. A.
Administrative and legal regulation of banking activities
Beselman I. V., Yevsikova E. V.
On the need to adopt and implement the Federal Law “On the use of unmanned aerial vehicles in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”
Dobrov A. N., Krasnova E. M.
Correlation of the concepts of «powers», «competence», «rights and obligations» of officials of internal affairs bodies (police) in the implementation of administrative and jurisdictional activities
Yarovoy A. V.
The main aspects of bringing to administrative responsibility by state control (supervision) bodies in the conditions of “supervisory holidays”
MUNICIPAL LAW
Magomedova Z. R., Ramazanova E. T.
The ratio of direct and representative democracy in the system of local self-government of the Russian Federation
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Legal regulation of copyright protection
Ananjeva E. O., Krut A. A.
The personality of the head: issues of the organization of personnel management
Batanov A. A.
On the issue of pre-contractual agreements qualification in common law countries
Begichev A. V., Zaipulaeva T. M., Gronic I. A.
A system of bodies and authorized persons of the notary public exercising the right to qualified legal assistance in the era of digital transformation
Berman A. M., Ershov N. A.
Inheritance of digital assets and digital rights in Russia and abroad: comparative legal analysis
Gronic I. A.
Priorities of legal regulation of digital financial assets in the Republic of Korea
Gaymaleeva A. T.
The ratio of the grounds for invalidity of suspicious transactions of the debtor with transactions with unequal counter-execution in the bankruptcy procedure
Kazankova T. N., Irinina Ya. O., Kurilkina M. S.
Legal business in Russia: problems and prospects of development
Kovalevskaya P. A., Molodova K. A.
Current issues of employment of persons who have served a sentence of imprisonment
Kolesnikova M. M., Maksimova E. V., Mishina E. V., Sachenko A. L.
Legal limits and consequences exceptions of the author when cooperating a patent
Krylova E. V.
About the place of geographical indication in the system of objects of intellectual property rights
Migacheva A. Yu.
The right to a comfortable urban environment: some aspects of understanding and legal regulation
Storozheva A. N., Dadayan E. V., Sizyh D. V.
Problems of the content and essential conditions of the contract for the carriage of goods by rail
Yastrebov O. A., Dautiya T. V.
Aspects of the author’s rights to remuneration for the use of his musical work
Kuzmina K. S.
Voluntary medical insurance: legal aspects of concluding a contract and issuing an insurance policy
CIVIL PROCESS
Sikach A. S., Naydenov K. D., Provatkina V. E.
On the question of the Expediency of including Jurors in Certain Categories of Civil Cases in the Russian Federation
FAMILY LAW
Kudryavtseva L. V., Tkachenko S. D.
Problems of legal regulation of the marriage contract
LABOUR LAW
Mashkov S. A., Kostyuchenko M. A.
About the possibility of conducting psychophysiological studies using a polygraph in labor relations
Tokarev A. M.
Changing climate and labor relations: challenges and protection of workers’ rights
LAND LAW
Nukhadiev M. R.
Features of termination of ownership of real estate in connection with the seizure of a land plot due to its improper use
FINANCIAL LAW
Karev D. A., Polkovnikova T. V.
Classification of sources of financial law: discussion issues
ECOLOGICAL LAW
Kodolova A. V.
Development of legislation in the field of environmental monitoring in the CIS member states
SOCIAL SECURITY LAW
Kryuchkova K. Yu.
Retrospective legal analysis of ablism as a fight against discrimination against the disabled
CRIMINAL LAW
Aliev Sh. I., Alieva U. T., Tailova A. G.
Connections between organized crime and terrorism
Bichenova A. R., Tyumeneva D. V.
Prevention and prevention of juvenile delinquency
Bondarev S. P., Bokhan A. P., Ryabko N. V.
Distinction of stealing from theft of a vehicle
Bokhan A. P., Serogodskaya E. S.. Stavilo S. P.
A brief historical analysis of the establishment of criminal liability for murder in Russia and a comparative description with foreign criminal law
Gitinova M. M., Kukhtyaeva E. A., Javatkhanov M. M.
Criminal law analysis of human trafficking
Zaidova M. U.
Corruption in the Armed Forces of the Russian Federation: problems of theory and practice
Kipkeev I. M.
Actual problems of sentencing for embezzlement using electronic means of payment
Kucherova E. P., Akchurina A. A.
The current state of economic crime in Russia
Marchenko K. S., Alexeev A. O., Lipanin E. A., Amirova D. G.
Features of criminal responsibility and punishment of minors
Makhova M. L.
Problems of familiarization of the lawyer with the materials of the criminal case at the end of the preliminary investigation
Peyzak A. V.
The Effectiveness of the German Criminal Recidivism Prevention System
Peyzak R. I.
Relevance of research on the case law on fraud of the Supreme Court of Cassation of Italy
Stupina S. A.
Discrediting as a way of committing crimes against state power: separate issues of interpretation and qualification
CRIMINAL PROCESS
Vrazhnov A. S.
To the content of certain amendments to the legislation on military service of the Russian Federation
Danilov I. B., Nikulin D. V.
Problems of determining the legality of using psychophysiological research using a polygraph to obtain evidence in a criminal case
Zharko N. V.
Criteria for assessing the degree of public danger of subjects of compulsory medical measures
Merzlyakova M. V.
About some features of criminal proceedings due to other new circumstances
Maslennikova E. A.
Theoretical and practical aspects of the investigative examination
Kurlyshev A. O.
Problems of criminal procedural legal relations
Torovkov A. A.
Criminal procedural aspects of identification by using video conferencing systems
Udovichenko V. S., Shelepov K. A.
Permissibility of calling for questioning via instant messaging systems
CRIMINAL-EXECUTIVE LAW
Ananjev O. G., Ivliev P. V.
On the issue of putting into effect the Federal Law “On Probation in the Russian Federation”
Zorina N. S.
Factors of formation of spiritual and moral values of juvenile convicts
Mikheeva S. V.
Characteristics of the channels of receipt of prohibited items and substances to the bodies and institutions of the Federal Penitentiary Service of Russia
JUDICIARY
Redkina E. N.
On the question of the relationship between the concepts of «electronic government», «electronic justice», «electronic court»
CRIMINALISTICS
Lysov K. G., Basistov D. G., Oblap S. I.
Criminalistic characteristics of crimes committed against the foundations of the constitutional order and the security of the state on the grounds of national or religious hatred, with the aim of involving extremist organizations in the activities
Klimovskiy A. S., Yuzvak S. A.
Some features of the survey conditions as one of the important operational investigative measures in operational investigative activities
CRIMINOLOGY
Litvinov R. V., Vetlova Ya. V.
Criminological study of the recidivist’s personality
Magomedov G. B., Tailova A. G., Abdulova Z. G.
The main directions for countering female recidivism
Marianov A. A., Musakaeva Z. Z., Abdullaeva U. A.
Criminological analysis of the murder of a newborn baby by a mother
Pichugin S. A.
Socio-demographic and criminal-legal characteristics of those convicted of organizing the activities of an extremist organization (Article 282.2 of the Criminal Code of the Russian Federation)
Chernoyarova I. M.
Crime prevention of convicted women held in places of isolation, its types and levels
Marianov A. A., Musakaeva Z. Z., Abdullaeva U. A.
The problems of the victimological aspect of female crime in places of detention.
SECURITY AND LAW
Ovchinskiy A. S., Borzunov K. K., Zhuravlenko N. I., Eremeev D. V.
Destructive ideologies as a threat security in the world of digital communications
SPORTS LAW
Asadullin M. R.
On the issue of self-organization of sports
STATE AND LAW
Andryukhina I. Yu., Rak E. A., Rak V. E.
Improvement of methods for assessing the personnel of public authorities and local self-government
Sadykova Kh. N., Smirnova I. A.
The right to realize the life aspirations of youth
PEDAGOGY AND LAW
Ozerskiy S. V.
On the need to form the digital competence of legal teachers in modern conditions
Timashenkova V. P.
Pedagogical support of patriotism of cadets of educational institutions of the Ministry of Internal Affairs of Russia
Tutova O. V.
Learning as one of the ways to counteract the social engineering
Tsarkova E. G.
On the issue of reducing media risks in the System of higher professional education of the Penitentiary System of Russian Federation
PSYCHOLOGY AND LAW
Shcherbakov A. V., Zhabkin A. S., Gazizyanov T. A., Tukumbetov R. A.
Causes of professional deformation of police officers and ways to overcome it
SOCIOLOGY AND LAW
Bredikhin A. V., Zakopyrin V. N.
On the issue of regulatory and legal regulation of the activities of private military companies in the Russian Federation
ECONOMY. LAW. SOCIETY
Avdeeva L. A., Solovjeva I. A., Munirova G. R.
Improving the algorithm for assessing the economic efficiency of projects for the development of oil trunk transport enterprises
Grogulenko N. V., Grogulenko A. I., Badrtdinova A. M., Sagitov A. I.
Career literacy: concept, meaning, structure
Bogatyreva M. R., Bikmetov E. Y., Filippova E. S., Melnikova A. S.
Review of approaches to human capital assessment under conditions of economic uncertainty
Koltunova Yu. I.
Features of advertising communications in the field of consulting
Skvortsova N.A.
Digital trends and technological solutions for Russian companies
Teltsova L. Z., Yangurazova Z. A., Abramova S. R.
Technosphere threats of the digital business environment: a new approach to security
Tukayeva F. A.
Assessment of the state of intensification in agricultural enterprises of the Republic of Bashkortostan
Shaybakova E. R., Gilyazova A. I., Butkov D. A., Davydov D. V.
Economic security and inertia of the economic response to the sanctions pressure of Western countries
Datsenko S. V., Rudneva Yu. R.
Score-rating evaluation of suppliers: features of economic and mathematical settings in procurement practice oil and gas enterprise
PHILOSOPHY. LAW. SOCIETY
Zubkov S. A., Tyurina A. Yu.
Ecophilic philosophy and sacralization of Indian rivers
Egorova O. I., Zueva E. K., Gladilova E. A.
The ontological significance of the Internet from the perspective of the problem of humanization of society. (Socio-philosophical analysis)
Kolosova I. V.
Features of Value Orientations and Legal Consciousness of Modern Youth
Khomich N. V., Bodyak M. G.
Interpretation of the “conditional” in Russian Orthodox philosophy
Chudina-Schmidt N. V., Sklyarenko Ya. A.
Genesis of the anti-social subject of extreme as a response to the distortion of the formation of the worldview of modern man
Sharipov A. R., Khasanova A. G.
About some aspects of anthrophagy as a historical prerequisite for the formation of xenophobia, national and religious identity
Shevalov S. V.
Historical-materialistic concept at the turn of the century: from the path traveled to new perspectives
Vorokhobov A. V., Ulanov M. V.
The criticism of the Neo-Kantian concept of the history of philosophy in the context of Hans-Georg Gadamer’s hermeneutical approach
Bondarenko G. V.
The teaching of Gautama Buddha on the way of man’s salvation
Baklanova O. A., Bogatyreva O. V., Isakova V. V.
Hidden rationing as a factor in the formation of sociality in contemporary society
Eremenko M. M., Bogatyrev S. A., Baklanov I. S.
Features and risks of using artificial intelligence technologies in the media space of modern society
Shmatko A. A., Shmatko O. N.
Historical consciousness as a form of reflection: philosophical analysis
Gladilova E. A., Fomina D. S., Egorova O. I.
Existential fear and its role in working with student youth
Abdulaeva I. A.
Sufism as a mystic-philosophical doctrine in Islam (on the example of the religious culture of Dagestan)
Gizitdinova А. А., Fakhretdinova G. F.
Determinants of cultural processes in the context of modern Russian society
Grudnov D. V.
The development of populism as a tool for producing discursive practices in the modern political agenda
Koryakina A. A.
On modernization of traditional culture
Kuzmenko A. A.
Philosophical understanding of the formation of the phenomenon of ergonomics and the principles of ergonomic design (ergodesign) of tools in the period of collective society
Nazarova M. G., Abramov A. V.
Plato’s views on the moral impact of musical art per person and the concept of music education
Nadtochiy I. O., Novikov O. A.
Political and legal narrative of resolving social conflicts in the concept of Confucius
Filippova E. Yu.
Socio-philosophical analysis of the digital age in the context of changing social formation
Yashin A. N., Zenov E. V.
Tolerance in the western academia: the system of discipline a la Foucault
Gofman A. A., Krapivin O. V.
Towards the issue of digitalization of personal data
Khayrullin R. N.
The ideal of eternal life in the philosophical conception of N. Fedorov
Bairon A. A.
N. Chicherin and Orthodox theology
Gavrilov E. N.
The role of competition in the development of the state economy
Sharipov A. R., Baynazarov I. N.
Selected aspects of the state of national identity in the era of “Developed socialism” in the 70-80s in the USSR
A. Khayrullin:
A discourse on the nature of national upbringing and education in modern Russia
Interview with Vitaliy Agzamovich Khairullin, a leading scientific consultant at the Center for Forensic Examination of the SAPIENS Group of Companies, scientific consultant to the Federal Public Sports Organization NATATAMI, scientific editor of a peer–reviewed scientific publication from the list of the Higher Attestation Commission “Discussion”, Deputy General Director for Economics of the Scientific and Production Enterprise Ecopromsystem.
EURASIAN INTEGRATION
Khalipov S. V
Problems of public law definition of import and export of goods in the context of the Eurasian Economic Union
INTERNATIONAL LAW
Kravchuk A. M.
Development issues of special terminology in the sphere of regulation of circulation of medicinal products in Eurasian Economic Union
Mishalchenko Yu. V., Ladyka S. I.
Collective self-defense, non-international armed conflict, peacekeeping operations: some aspects related to the need to ensure compliance with international humanitarian law
Alieva M. N., Ramazanova D. A.
Issues of international legal regulation of the emergence of the right to life and the problem of abortion in the context of bioethics
Gulyaeva E. E.
The role of international organizations in countering bioterrorism
Talimonchik V. P.
Global Digital Compact: current state of development and prospects for adoption
Mohammad J.
International arbitration: its system and key features
INTERNATIONAL PRIVATE LAW
Rotar D. E.
Legal aspects of corporate migration mechanisms in cross-border bankruptcy
Rusakova E. P., Falkina G. Yu.
Approaches to the regulation of smart contracts: EU experience
THEORY OF STATE AND LAW
Amanaliev U. O., Mamytova A. O.
Selection and training of state and municipal employees in the Kyrgyz Republic: theoretical and legal research
Bayniyazova Z. S.
On some aspects of the balance of the legal system of the Russian state in the digital age
Gorbunov M. D.
Neil McCormick on the state in the normative system
Zikunova N. V.
Psychological service in the mechanism of the state
Maltseva T. V.
The implicit content of the legal category “warning”
Osadchuk E. A.
Social conditionality and principles of electoral law
Sidoruk A. Yu.
Properties of public authority and the need to limit them
Shishkhanov K. U.
The concept and ideological origins of Russian conservatism
Ignatjeva A. V.
General theoretical analysis of the phenomenon of «circumvention of the law»
Matantsev D. A.
Theoretical view on the concept of «managerial legal relationship»
HISTORY OF STATE AND LAW
Bessilin N. A., Utyagulov M. M.
Resettlement of peasants to Bashkiria at the turn of the XIX-XX centuries
Ladygina O. A.
Development of the legal status of the individual in the Soviet period
Lonshakov A. A.
Classification of militia formations of the Russian Empire and their role in the functioning of the state
Sergeeva T. N.
The function of national defense: Soviet experience and modern challenges
Vasiljeva Yu. A.
Development of problems of objectively illegal behavior in Soviet legal science
Gulyaeva E. E., Beschetnov S. S.
Statutory law and features of its codification in the Caribbean Islands of the XVII-XIX centuries
Taygarov M. A.
Activities of the police apparatus of the Ministry of Internal Affairs of the Russian Empire to combat the revolutionary movement in the Caucasus at the beginning of the XX century
Sypchenko A. V.
Russian historian V. A. Myakotin about the policy of Hetman P. Skoropadsky in Ukraine
Gerasimenko A. A.
The fight against economic crimes at the turn of the 70s and 80s of the 20th century in the USSR
ADMINISTRATIVE LAW
Bagishev O. A.
Administrative and legal regulation of banking activities
Beselman I. V., Yevsikova E. V.
On the need to adopt and implement the Federal Law “On the use of unmanned aerial vehicles in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”
Dobrov A. N., Krasnova E. M.
Correlation of the concepts of «powers», «competence», «rights and obligations» of officials of internal affairs bodies (police) in the implementation of administrative and jurisdictional activities
Yarovoy A. V.
The main aspects of bringing to administrative responsibility by state control (supervision) bodies in the conditions of “supervisory holidays”
MUNICIPAL LAW
Magomedova Z. R., Ramazanova E. T.
The ratio of direct and representative democracy in the system of local self-government of the Russian Federation
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Legal regulation of copyright protection
Ananjeva E. O., Krut A. A.
The personality of the head: issues of the organization of personnel management
Batanov A. A.
On the issue of pre-contractual agreements qualification in common law countries
Begichev A. V., Zaipulaeva T. M., Gronic I. A.
A system of bodies and authorized persons of the notary public exercising the right to qualified legal assistance in the era of digital transformation
Berman A. M., Ershov N. A.
Inheritance of digital assets and digital rights in Russia and abroad: comparative legal analysis
Gronic I. A.
Priorities of legal regulation of digital financial assets in the Republic of Korea
Gaymaleeva A. T.
The ratio of the grounds for invalidity of suspicious transactions of the debtor with transactions with unequal counter-execution in the bankruptcy procedure
Kazankova T. N., Irinina Ya. O., Kurilkina M. S.
Legal business in Russia: problems and prospects of development
Kovalevskaya P. A., Molodova K. A.
Current issues of employment of persons who have served a sentence of imprisonment
Kolesnikova M. M., Maksimova E. V., Mishina E. V., Sachenko A. L.
Legal limits and consequences exceptions of the author when cooperating a patent
Krylova E. V.
About the place of geographical indication in the system of objects of intellectual property rights
Migacheva A. Yu.
The right to a comfortable urban environment: some aspects of understanding and legal regulation
Storozheva A. N., Dadayan E. V., Sizyh D. V.
Problems of the content and essential conditions of the contract for the carriage of goods by rail
Yastrebov O. A., Dautiya T. V.
Aspects of the author’s rights to remuneration for the use of his musical work
Kuzmina K. S.
Voluntary medical insurance: legal aspects of concluding a contract and issuing an insurance policy
CIVIL PROCESS
Sikach A. S., Naydenov K. D., Provatkina V. E.
On the question of the Expediency of including Jurors in Certain Categories of Civil Cases in the Russian Federation
FAMILY LAW
Kudryavtseva L. V., Tkachenko S. D.
Problems of legal regulation of the marriage contract
LABOUR LAW
Mashkov S. A., Kostyuchenko M. A.
About the possibility of conducting psychophysiological studies using a polygraph in labor relations
Tokarev A. M.
Changing climate and labor relations: challenges and protection of workers’ rights
LAND LAW
Nukhadiev M. R.
Features of termination of ownership of real estate in connection with the seizure of a land plot due to its improper use
FINANCIAL LAW
Karev D. A., Polkovnikova T. V.
Classification of sources of financial law: discussion issues
ECOLOGICAL LAW
Kodolova A. V.
Development of legislation in the field of environmental monitoring in the CIS member states
SOCIAL SECURITY LAW
Kryuchkova K. Yu.
Retrospective legal analysis of ablism as a fight against discrimination against the disabled
CRIMINAL LAW
Aliev Sh. I., Alieva U. T., Tailova A. G.
Connections between organized crime and terrorism
Bichenova A. R., Tyumeneva D. V.
Prevention and prevention of juvenile delinquency
Bondarev S. P., Bokhan A. P., Ryabko N. V.
Distinction of stealing from theft of a vehicle
Bokhan A. P., Serogodskaya E. S.. Stavilo S. P.
A brief historical analysis of the establishment of criminal liability for murder in Russia and a comparative description with foreign criminal law
Gitinova M. M., Kukhtyaeva E. A., Javatkhanov M. M.
Criminal law analysis of human trafficking
Zaidova M. U.
Corruption in the Armed Forces of the Russian Federation: problems of theory and practice
Kipkeev I. M.
Actual problems of sentencing for embezzlement using electronic means of payment
Kucherova E. P., Akchurina A. A.
The current state of economic crime in Russia
Marchenko K. S., Alexeev A. O., Lipanin E. A., Amirova D. G.
Features of criminal responsibility and punishment of minors
Makhova M. L.
Problems of familiarization of the lawyer with the materials of the criminal case at the end of the preliminary investigation
Peyzak A. V.
The Effectiveness of the German Criminal Recidivism Prevention System
Peyzak R. I.
Relevance of research on the case law on fraud of the Supreme Court of Cassation of Italy
Stupina S. A.
Discrediting as a way of committing crimes against state power: separate issues of interpretation and qualification
CRIMINAL PROCESS
Vrazhnov A. S.
To the content of certain amendments to the legislation on military service of the Russian Federation
Danilov I. B., Nikulin D. V.
Problems of determining the legality of using psychophysiological research using a polygraph to obtain evidence in a criminal case
Zharko N. V.
Criteria for assessing the degree of public danger of subjects of compulsory medical measures
Merzlyakova M. V.
About some features of criminal proceedings due to other new circumstances
Maslennikova E. A.
Theoretical and practical aspects of the investigative examination
Kurlyshev A. O.
Problems of criminal procedural legal relations
Torovkov A. A.
Criminal procedural aspects of identification by using video conferencing systems
Udovichenko V. S., Shelepov K. A.
Permissibility of calling for questioning via instant messaging systems
CRIMINAL-EXECUTIVE LAW
Ananjev O. G., Ivliev P. V.
On the issue of putting into effect the Federal Law “On Probation in the Russian Federation”
Zorina N. S.
Factors of formation of spiritual and moral values of juvenile convicts
Mikheeva S. V.
Characteristics of the channels of receipt of prohibited items and substances to the bodies and institutions of the Federal Penitentiary Service of Russia
JUDICIARY
Redkina E. N.
On the question of the relationship between the concepts of «electronic government», «electronic justice», «electronic court»
CRIMINALISTICS
Lysov K. G., Basistov D. G., Oblap S. I.
Criminalistic characteristics of crimes committed against the foundations of the constitutional order and the security of the state on the grounds of national or religious hatred, with the aim of involving extremist organizations in the activities
Klimovskiy A. S., Yuzvak S. A.
Some features of the survey conditions as one of the important operational investigative measures in operational investigative activities
CRIMINOLOGY
Litvinov R. V., Vetlova Ya. V.
Criminological study of the recidivist’s personality
Magomedov G. B., Tailova A. G., Abdulova Z. G.
The main directions for countering female recidivism
Marianov A. A., Musakaeva Z. Z., Abdullaeva U. A.
Criminological analysis of the murder of a newborn baby by a mother
Pichugin S. A.
Socio-demographic and criminal-legal characteristics of those convicted of organizing the activities of an extremist organization (Article 282.2 of the Criminal Code of the Russian Federation)
Chernoyarova I. M.
Crime prevention of convicted women held in places of isolation, its types and levels
Marianov A. A., Musakaeva Z. Z., Abdullaeva U. A.
The problems of the victimological aspect of female crime in places of detention.
SECURITY AND LAW
Ovchinskiy A. S., Borzunov K. K., Zhuravlenko N. I., Eremeev D. V.
Destructive ideologies as a threat security in the world of digital communications
SPORTS LAW
Asadullin M. R.
On the issue of self-organization of sports
STATE AND LAW
Andryukhina I. Yu., Rak E. A., Rak V. E.
Improvement of methods for assessing the personnel of public authorities and local self-government
Sadykova Kh. N., Smirnova I. A.
The right to realize the life aspirations of youth
PEDAGOGY AND LAW
Ozerskiy S. V.
On the need to form the digital competence of legal teachers in modern conditions
Timashenkova V. P.
Pedagogical support of patriotism of cadets of educational institutions of the Ministry of Internal Affairs of Russia
Tutova O. V.
Learning as one of the ways to counteract the social engineering
Tsarkova E. G.
On the issue of reducing media risks in the System of higher professional education of the Penitentiary System of Russian Federation
PSYCHOLOGY AND LAW
Shcherbakov A. V., Zhabkin A. S., Gazizyanov T. A., Tukumbetov R. A.
Causes of professional deformation of police officers and ways to overcome it
SOCIOLOGY AND LAW
Bredikhin A. V., Zakopyrin V. N.
On the issue of regulatory and legal regulation of the activities of private military companies in the Russian Federation
ECONOMY. LAW. SOCIETY
Avdeeva L. A., Solovjeva I. A., Munirova G. R.
Improving the algorithm for assessing the economic efficiency of projects for the development of oil trunk transport enterprises
Grogulenko N. V., Grogulenko A. I., Badrtdinova A. M., Sagitov A. I.
Career literacy: concept, meaning, structure
Bogatyreva M. R., Bikmetov E. Y., Filippova E. S., Melnikova A. S.
Review of approaches to human capital assessment under conditions of economic uncertainty
Koltunova Yu. I.
Features of advertising communications in the field of consulting
Skvortsova N.A.
Digital trends and technological solutions for Russian companies
Teltsova L. Z., Yangurazova Z. A., Abramova S. R.
Technosphere threats of the digital business environment: a new approach to security
Tukayeva F. A.
Assessment of the state of intensification in agricultural enterprises of the Republic of Bashkortostan
Shaybakova E. R., Gilyazova A. I., Butkov D. A., Davydov D. V.
Economic security and inertia of the economic response to the sanctions pressure of Western countries
Datsenko S. V., Rudneva Yu. R.
Score-rating evaluation of suppliers: features of economic and mathematical settings in procurement practice oil and gas enterprise
PHILOSOPHY. LAW. SOCIETY
Zubkov S. A., Tyurina A. Yu.
Ecophilic philosophy and sacralization of Indian rivers
Egorova O. I., Zueva E. K., Gladilova E. A.
The ontological significance of the Internet from the perspective of the problem of humanization of society. (Socio-philosophical analysis)
Kolosova I. V.
Features of Value Orientations and Legal Consciousness of Modern Youth
Khomich N. V., Bodyak M. G.
Interpretation of the “conditional” in Russian Orthodox philosophy
Chudina-Schmidt N. V., Sklyarenko Ya. A.
Genesis of the anti-social subject of extreme as a response to the distortion of the formation of the worldview of modern man
Sharipov A. R., Khasanova A. G.
About some aspects of anthrophagy as a historical prerequisite for the formation of xenophobia, national and religious identity
Shevalov S. V.
Historical-materialistic concept at the turn of the century: from the path traveled to new perspectives
Vorokhobov A. V., Ulanov M. V.
The criticism of the Neo-Kantian concept of the history of philosophy in the context of Hans-Georg Gadamer’s hermeneutical approach
Bondarenko G. V.
The teaching of Gautama Buddha on the way of man’s salvation
Baklanova O. A., Bogatyreva O. V., Isakova V. V.
Hidden rationing as a factor in the formation of sociality in contemporary society
Eremenko M. M., Bogatyrev S. A., Baklanov I. S.
Features and risks of using artificial intelligence technologies in the media space of modern society
Shmatko A. A., Shmatko O. N.
Historical consciousness as a form of reflection: philosophical analysis
Gladilova E. A., Fomina D. S., Egorova O. I.
Existential fear and its role in working with student youth
Abdulaeva I. A.
Sufism as a mystic-philosophical doctrine in Islam (on the example of the religious culture of Dagestan)
Gizitdinova А. А., Fakhretdinova G. F.
Determinants of cultural processes in the context of modern Russian society
Grudnov D. V.
The development of populism as a tool for producing discursive practices in the modern political agenda
Koryakina A. A.
On modernization of traditional culture
Kuzmenko A. A.
Philosophical understanding of the formation of the phenomenon of ergonomics and the principles of ergonomic design (ergodesign) of tools in the period of collective society
Nazarova M. G., Abramov A. V.
Plato’s views on the moral impact of musical art per person and the concept of music education
Nadtochiy I. O., Novikov O. A.
Political and legal narrative of resolving social conflicts in the concept of Confucius
Filippova E. Yu.
Socio-philosophical analysis of the digital age in the context of changing social formation
Yashin A. N., Zenov E. V.
Tolerance in the western academia: the system of discipline a la Foucault
Gofman A. A., Krapivin O. V.
Towards the issue of digitalization of personal data
Khayrullin R. N.
The ideal of eternal life in the philosophical conception of N. Fedorov
Bairon A. A.
N. Chicherin and Orthodox theology
Gavrilov E. N.
The role of competition in the development of the state economy
Sharipov A. R., Baynazarov I. N.
Selected aspects of the state of national identity in the era of “Developed socialism” in the 70-80s in the USSR
PERSONA GRATA
A. Khayrullin:
A discourse on the nature of national upbringing and education in modern Russia
Interview with Vitaliy Agzamovich Khairullin, a leading scientific consultant at the Center for Forensic Examination of the SAPIENS Group of Companies, scientific consultant to the Federal Public Sports Organization NATATAMI, scientific editor of a peer–reviewed scientific publication from the list of the Higher Attestation Commission “Discussion”, Deputy General Director for Economics of the Scientific and Production Enterprise Ecopromsystem.
EURASIAN INTEGRATION
KHALIPOV Sergey Vasilyevich
Ph.D. in Law, associate professor, Head of Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation, associate professor of International transport and logistics sub-faculty of the Moscow State Institute of International Relations of the MFA of Russian
PROBLEMS OF PUBLIC LAW DEFINITION OF IMPORT AND EXPORT OF GOODS IN THE CONTEXT OF THE EURASIAN ECONOMIC UNION
The article considers legal definitions of key concepts of import, export, import and export of goods applied in the law of the Eurasian Economic Union and in the legislation of the Russian Federation. A comparative analysis of application of these terms in the public law regulation of foreign trade in goods is conducted. Backed up conclusions that import and export of goods meet the requirements of customs, customs-tariff, non-tariff and other measures of regulation of foreign trade turnover are presented. The normative incompleteness of import and export of goods in the context of existing definitions is elaborated.
Keywords: the law of the Eurasian Economic Union, foreign and mutual trade in goods, customs, customs-tariff, non-tariff regulation, import and export of goods, customs procedures, release of goods , customs border of the Union, state border of Russia.
Bibliographic list of articles
1. Alferev T.P. Financial and legal regulation of customs and tariff activities as a source of formation of the budget of the Russian Federation: dis. …cand. legal Sciences: 12.00.14. – M., 2014. – 189 p.
2. Gatulina O. A. The concept and content of import as a legal category within the framework of the Eurasian Economic Union at the present stage // Customs Affairs. 2018. – No. 4. – P. 3-6.
3. Ovchinnikov S.N. The concept of import of goods in the context of customs procedures // Current problems of Russian law. – 2021. – T. 16. No. 1. – P. 64-70.
4. Pavlov P.V. Special administrative and legal regimes for carrying out foreign trade activities (theoretical and applied aspect): dis. … doc. legal Sciences: 12.00.14. – Lyubertsy, 2012. – 491 pp.
5. Timoshin V. A. Administrative and legal regulation of export-import activities in the Russian Federation: dis. …cand. legal Sciences: 12.00.14. – M., 2011. – 161 p.
6. Khalipov S.V. Export and customs export procedures in the conditions of the Eurasian Economic Union // Russian Foreign Economic Bulletin. – 2019. – No. 2. – P. 37-47.
7. Khapilin S. A. Development of Eurasian economic integration based on the modernization of the customs regulation mechanism: dis. … doc. econ. Sciences: 08.00.14. – Rostov-on-Don, 2015. – 510 p.
INTERNATIONAL LAW
KRAVCHUK Anna Mikhaylovna
Deputy Head to the Section for coordination on the circulation of medicines and medical devices of the Department for technical regulation and accreditation of the Eurasian economic commission
DEVELOPMENT ISSUES OF SPECIAL TERMINOLOGY IN THE SPHERE OF REGULATION OF CIRCULATION OF MEDICINAL PRODUCTS IN EURASIAN ECONOMIC UNION
The article considers the formation of a specialized terminology on the example of the pharmaceutical industry with taking into account the functioning of the common market of medicinal products within the Eurasian Economic Union (EAEU).
Distinguishing characteristics of the subsystem of the terminology in the sphere of circulation of medicines in the law of the EAEU are identified, its influence on the legislation of the member states of the EAEU is considered and its significance for the formation of a unified legal space within the EAEU is described. Tools for improving special terminology in the sphere of regulation of circulation of medicinal products in EAEU are offered.
Keywords: common market of medicinal products within the Eurasian economic union, “EAEU law”, medicinal products circulation, medicinal products, pharmaceutical market regulation, terminology.
Bibliographic list of articles
1. Dubrovsky S.A. Problems of legal terminology // Jurislinguistics. – 2011. – No. 1 (11). – pp. 426-429.
2. Isakov V. B. Legal analytics. A textbook for senior and master’s students. 4th edition. – M.: National Research University Higher School of Economics, 2014. – 252 p.
3. Kagermanov A-S. S. The role of legal terminology in modern legislation // Law and practice. – 2020. – pp. 35-38.
4. Logic in legal consciousness / V. Knapp, A. Gerloch. Ed. and from the entrance. Art. A. B. Vengerova. – M.: Progress, 1987. – 310 p.
5. Rene D. Basic legal systems of our time. – M.: Progress, 1988. – 496 p.
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, professor, professor of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
LADYKA Sergey Ivanovich
Ph.D. in Law, associate professor of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
COLLECTIVE SELF-DEFENSE, NON-INTERNATIONAL ARMED CONFLICT, PEACEKEEPING OPERATIONS: SOME ASPECTS RELATED TO THE NEED TO ENSURE COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW
The authors examine collective self-defence, non-internatinal armed conflicts and peacekeeping operations in relation to ensure compliance with international humanitarian law.
Keywords: UN Charter, collective self-defense, non-international armed conflicts, peacekeeping operations, UN Security Council, Hague law, Geneva Conventions of 1949, maintenance of peace and security.
Bibliographic list of articles
1. Panov V.P. International criminal law. Tutorial. – M.: INFRA, 1997. – 183 pp.
2. Kolosov Yu. M., Krivchikova E. S. Current international law. – M.: Moscow Association of International Law (MAMP), 2002. – 992 pp.
3. Kolosov Yu. M., Kuznetsov V. M. International law. Textbook. Chapter 15: Ensuring international security. – M.: International Relations, 1996. – 608 p.
4. Solodchenko V.S. International legal regulation of relations between states in the military field // Military Thought. – 1989. – No. 11. – P. 12-17.
5. David V. On the issue of the legal nature of the institution of self-defense // Bulletin of the Kyiv University. – 1989. – Issue. 8. – pp. 39-47.
6. Skakunov E.I. Self-defense in international law. – M.: International Relations, 1973. – 176 p.
7. Zhdanov Yu. N. Coercive measures in international law. – M.: Dialogue MSU, 1998. – 248 p.
8. Sazonova K. L. Collective self-defense in international law // Legal science. – 2013. – No. 1. – P. 94-96.
9. Chekharin Yu. V. Internal conflicts and international law: Author’s abstract. dis. …cand. legal Sciences: 12.00.10. – Moscow, 1990. – 24 p.
10. Bezverkhniy A.I., Eremeeva T.S. Problems of compliance with the norms of international humanitarian law in conditions of armed conflict // Bulletin of AmSU. – 2017. – No. 82. – P. 43-46.
11. Collection. Russia: Security and cooperation. Peacekeeping activities. Military aspects. Key definitions of types of peacekeeping activities used in working documents of the UN and CSCE. NATO. Table 2. – Moscow, 1995. – 355 pp.
12.UN. Report of the Secretary-General on Standby Arrangements for Peace-keeping. UN document S/1995/943. Translation from English: Zhdanov Yu. N.
13. Zverev P. G. Features of modern UN peacekeeping operations // Young scientist. – 2013. – No. 11 (58). – pp. 528-530.
14. Zagorsky A.V. Peacekeeping and international management of regional security. – M.: IMEMO (Institute of World Economy and International Relations named after E. M. Primakov, 2015. – 118 p.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
RAMAZANOVA Diana Abdulnasirovna
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University
ISSUES OF INTERNATIONAL LEGAL REGULATION OF THE EMERGENCE OF THE RIGHT TO LIFE AND THE PROBLEM OF ABORTION IN THE CONTEXT OF BIOETHICS
The article raises the problem of human rights in the field of biomedicine, in particular the ethical and legal problem of abortion; the debate on the moral component of abortion does not stop nowadays. The issue of legal regulation of the emergence of the right to life is touched upon, as well as the interpretation of the moment of emergence of such a right, depending on what concept of the beginning of life different states adhere to. It is noted that international law completely lacks the concept of regulating the emergence of the right to human life. At the same time, the author refers to certain provisions of modern Russian legislation regarding the recognition of the legal personality of a human embryo.
Keywords: bioethics, international law, right to life, abortion, fetus, beginning of life.
Bibliographic list of articles
1. Alieva M. N. Bioethical and legal issues of cloning: analysis of international law and Russian legislation // Current problems of Russian law. – 2010. – No. 1. – P. 389-396.
2. Borzenkov G. N. Crimes against life and health: law and law enforcement practiceika. – Moscow: Zertsalo-M, 2008. – 256 p.
3. Grigorieva M.V., Zheludkina M.A. The right to life: abortion as a problem of social and medical ethics // Youth of the Great Volga: collection. scientific tr. – Cheboksary, 2017. – pp. 242-246.
4. Kovalev A. A. Personal dignity and the latest biomedical technologies: Sat. scientific tr. “International law and national interests of the Russian Federation” // Diplomatic Academy of the Russian Foreign Ministry, 2008. – 221 pp.
5. Makrinskaya V.I. Issues of criminal legal protection of the right to life (comparative legal aspects. – Moscow: Bukvoed, 2006. – 130 p.
6. Selikhova O. G. Constitutional and legal problems of exercising the right of individuals to freedom and personal integrity: specialty 12.00.02 “Constitutional law. Municipal Law”: abstract of a dissertation for the degree of candidate of legal sciences. – Ekaterinburg, 2002. – 22 p.
7. Farakshina K. F. Problems of implementation of reproductive human rights in international law and their implementation in the legislation of the Russian Federation. – [Electronic resource]. – Access mode: http://law.cdu.ru. (date of access: 10/21/2023).
INTERNATIONAL LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
THE ROLE OF INTERNATIONAL ORGANIZATIONS IN COUNTERING BIOTERRORISM
The publication aims to study the role of international organizations in countering bioterrorism. The author analyzes the content and significance of international treaties adopted within the UN, Interpol, CSTO, BRICS, CIS, and Middle East countries. The author notes that the special role in maintaining international peace and ensuring biological safety on the part of international intergovernmental organizations at both the universal and regional levels is increasing.
Keywords: international organizations, biological safety, bioterrorism, agroterrorism, Biological and Toxin Weapons Convention (BTWC), UN.
Bibliographic list of articles
1. Bayramova N. A. The role of the UN in coordinating the actions of states in the fight against international terrorism // Questions of the Humanities. – 2009. – No. 5. – P. 252-257.
2. Robertson A. G., Robertson L. J. From asps to suspicion: biological warfare in history // Mil Med. – 1995. – Pp. 369-373.
3. Trikoz E. N., Mustafina-Bredikhina D. M., Gulyaeva E. E. Legal regulation of gene editing procedures: USA and EU experience // RUDN Journal of Law. – 2021. – 25 (1). – 67-86. (in Russian). DOI: 10.22363/2313-2337-2021-25-1-67-86.
4. Abashidze A. K., Malichenko V. S. International legal regulation of the circulation of dual-use biotechnologies // RUDN Journal of Law. – 2023. – Vol. 27. – No. 3. – P. 541-563. Doi: 10.22363/2313-2337-2023-27-3-541-563.
5. Travieso J. A., Ferraro A. V., Trikoz E. N., Gulyaeva E. E. Bioethical Aspects of Human Rights in Modern Latin America // Kutafin Law Review. – 2021. – 8(1):85-98. – [Electronic resource]. – Access mode: https://doi.org/10.17803/2313-5395.2021.1.15.085-098.
6. Moskovina E.K., Golysheva P.D. “Legal aspects of ensuring the security of genomic information in the post-Soviet space” // International Legal Courier. – 2020. – No. 3-4 (39-40). – P. 30.
7. Abdallah Ar. S., Khitamy Al., Binsumeit A. Bioethics for Clinicians: 21 Islamic Ethics // Canadian Medical Association Journal. – 2001. – Vol. 164(1). – P. 60–63.
8. Novikova R. G. Islam and genetics: issues of religion, ethics and law // Bulletin of RUDN University. Series: Legal sciences. – 2019. – T. 23. – No. 4. – P. 571–576.
9. Yakovenko A.V. Geopolitical turning point and Russia. What does the new foreign policy concept say? – Moscow: Diplomatic Academy of the Russian Foreign Ministry, 2023. – 144 p.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of International law sub-faculty of the A. I. Herzen Russian State Pedagogical University
GLOBAL DIGITAL COMPACT: CURRENT STATE OF DEVELOPMENT AND PROSPECTS FOR ADOPTION
The purpose of the research undertaken in the article is to make suggestions on the content of a Global Digital Compact, the draft of which is being developed within the framework of the UN for adoption at the Summit of the Future in 2024. Methods of analysis and synthesis, formal-logical and problem-theoretical methods were used in the study. As a result of the study, it was revealed that the concept of a Global Digital Compact contains proposals for solving problems that have not been solved by international legal means for a long time. Only the problem of flexible management of artificial intelligence and other emerging technologies is new. The Global Digital Compact can be implemented by information and communication system operators using the mechanism of corporate social responsibility.
Keywords: international law, corporate social responsibility, UN, Global Digital Compact, the Summit of the Future in 2024, Sustainable Development Goals, information and communication technologies, information and communication systems.
Bibliographic list of articles
1. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
2. Bainbridge D.I. Introduction to Information Technology Law. – Edinburgh: Pearson Education Limited, 2008. – 665 p.
3. Big Data in Context Legal, Social and Technological Insights / Ed. by Thomas Hoeren, Barbara Kolany. – London: Springer, 2018. – 120 p.
4. Blowfield M., Murray A. Corporate Responsibility: a critical introduction. – Oxford: Oxford University Press, 2008. – 452 p.
5. Burri M. Big Data and Global Trade Law. – Cambridge: Cambridge University Press, 2021. – 376 p.
6. Campbell D., Ban C., editors. Legal Issues in the Global Information Society. – New York: Oceana Publications Inc., 2005. – 758 p.
7. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
8. Compagnucci M.C. Big Data, Databases and “Ownership” Rights in the Cloud. -London: Springer, 2020. – 308 p.
9. Hopkins M. Corporate Social Responsibility and International Development. Is Business is a Solution? – London: Earthscan, 2008. – 243 p.
10. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
11. Lloyd I. J. Information Technology Law. 5th ed. – Oxford: Oxford University Press, 2008. – 597 p.
12. Murray A. Information Technology Law: the law and society. – Oxford: Oxford university press, 2010. – 596 p.
13. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
14. Rowland D., Macdonald E. Information technology law. 3rd ed. – Abingdon: Cavendish Publishing Ltd., 2005. – 573 p.
15. Rowland D, Kohl U, Charlesworth A. Information Technology Law. 5th ed. – London: Routledge, 2017. – 549 p.
16. The Oxford Handbook of Corporate Social Responsibility / Ed. by Crane A., McWilliams A., Matten D., Moon J., Siegel D. – Oxford: Oxford University Press, 2008. – 590 p.
INTERNATIONAL PRIVATE LAW
ROTAR Dmitriy Evgenjevich
postgraduate student of the 2nd year of study of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL ASPECTS OF CORPORATE MIGRATION MECHANISMS IN CROSS-BORDER BANKRUPTCY
This article considers the development trends of one of the aspects of cross-border bankruptcy, namely corporate migration, in particular the mechanism of forum shopping. The emphasis is put on the development of cross-border bankruptcy in the Anglo-Saxon countries and the European Union, the experience formed in the European Union, namely the adoption of the Regulation (European Union) No. 2015/848 of the European Parliament and of the Council on insolvency procedures (hereinafter – the Regulation) is taken into account. Explanations and clarifications of certain articles of the Regulation are given. The experience of foreign countries is analyzed and the gaps of the Russian Federation in the regulation of the general direction of cross-border bankruptcy through the prism of private, i.e., the mechanism of corporate migration (forum shopping) are revealed. This mechanism is assessed considering the balance of interests of all parties to insolvency (bankruptcy) disputes.
Keywords: corporate migration, bankruptcy, bankruptcy tourism, forum shopping, cross-border bankruptcy.
Bibliographic list of articles
1. Odintsov S.V. Harmonization of regulation of cross-border bankruptcy procedures in the countries of the European Union // Collection of articles of the International Scientific and Practical Conference in memory of prof. V.K. Puchinsky. – M., RUDN Publishing House, 2014. – P. 109.
2. Odintsov S.V., Kolyada M.V., Mironov E.Yu. Legal problems of cross-border insolvency and negative manifestations of “bankrupt tourism” // Property relations in the Russian Federation. – 2018. – No. 8 (203). – P. 51.
3. Mokhova E. V., Yatsuk N. P., Lidzhanova A. E. Forum shopping and regulation competition in cross-border bankruptcies and restructurings // “Law”. – 2020. – No. 9.
4. Mokhova E. V., “Bankruptcy tourism”: migration of debtors in search of a better country for personal bankruptcy and debt relief // Document provided by Consultant Plus.
5. Ringe W. Insolvency Forum Shopping, Revisited (December 2017) // Hamburg Law Review. – 2017. – P. 51. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3091071 (date of access: 09/05/2023).
6. Westbrook J. Global Insolvency Proceedings for a Global Market: The Universalist System and the Choice of a Central Court (March 28, 2018). University of Texas Law, Public Law Research Paper. – No. 691. – P. 122-130. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3151805 (date of access: 09/05/2023).
7. Elena V. Sitkareva, Yulia A. Artemyeva, Svetlana Mendosa-molina. Corporate migration in Cross-Border Bankruptcy // Proceedings of INTCESS 2019-6th International Conference on Education and Social Sciences, 4-6 February 2019-Dubai, U.A.E.
INTERNATIONAL PRIVATE 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
FALKINA Galina Yurjevna
student of the Patrice Lumumba Peoples’ Friendship University of Russia
APPROACHES TO THE REGULATION OF SMART CONTRACTS: EU EXPERIENCE
The article examines the legal nature of smart contracts, as well as the problems associated with determining the proper legal order for regulating public relations arising from smart contracts. In addition, various approaches to determining the applicable law to smart contracts and attempts to regulate them in the EU countries, which were influenced by the adopted draft law in the EU on smart contracts and blockchain technology, are considered.
Keywords: smart contracts blockchain, Data Law, smart contract decentralization, distributed ledger technology, DLT, smart contract certification.
Bibliographic list of articles
1. Claudia Csáky, Sarah Kasslatter. Impact of digitalization and legal tech on IP law: part one – blockchain and smart contracts // Lexology legal research platform. – 04/17/2023. – [Electronic resource]. – Access mode: https://www.lexology.com/commentary/intellectual-property/international/graf-isola-rechtsanwlte-gmbh/impact-of-digitalisation-and-legal-tech-on-ip-law-part- one-blockchain-and-smart-contracts#Possible%20applications%20in%20intellectual%20property.
2. Hall & Wilcox Token mapping: Australian Government seeks feedback on proposed approach to crypto regulation // Lexology legal research platform. – 02/06/2023. – [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=3b39703d-8e68-4f83-9b0e-9a4eaa785006.
3. Mason Hayes & Curran LLP Smart Contracts: The Future of Blockchain? // Lexology legal research platform. – 05/29/2019. – [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=49a55296-d931-47cd-81bf-75e995acf99d.
4. Szabo N. Formalizing and securing relationships on public networks. – 1997. – No. 2(9). – [Electronic resource]. – Access mode: https://firstmonday.org/article/view/548/469.
5. Larry A. DiMatteo, Michel Cannarsa, Cristina Poncibò. Smart Contracts and Contract Law from Part I – General Framework // Cambridge University Press. – 2019. – P. 3 – 18. – DOI: https://doi.org/10.1017/9781108592239.001.
6. Miguel Amaral Case Studies on the Regulatory Challenges Raised by Innovation and the Regulatory Responses // OECD iLibrary. – 12/14/2021. – [Electronic resource]. – Access mode: https://www.oecd-ilibrary.org/sites/8fa190b5-en/index.html?itemId=/content/publication/8fa190b5-en.
7. Jack Schickler. EU Commission Brushes Off ‘Data Act’ Fears by Crypto Industry // CoinDesk. – 02/20/2023. – [Electronic resource]. – Access mode: https://www.coindesk.com/policy/2023/06/20/eu-commission-brushes-off-data-act-fears-by-crypto-industry/?_gl=1*e3q4in*_up *MQ..*_ga*OTQ1Njk5OTU5LjE2OTk1MjYwMzI.*_ga_VM3STRYVN8*MTY5OTUyNjAzMC4xLjAuMTY5OTUyNjAzMC42MC4wLjA.
8. Rusakova E. P. KLEROS Court: is it a revolution in the dispute resolution process? // Gaps in Russian legislation. – 2022. – T. 15. No. 5. – P. 278-281.
9. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // RUDN Journal of Law. – 2022. – Vol. 26, No. 3. – P. 695-704. – DOI 10.22363/2313-2337-2022-26-3-695-704.
10. 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.
THEORY OF STATE AND LAW
AMANALIEV Urmat Olzhobekovich
Ph.D. in Law, Director of the Graduate School of Administration of the Zh. Abdrakhmanov Academy of State Administration under the President of the Kyrgyz Republic, Bishkek
MAMYTOVA Aina Oskonbayevna
professor, expert of the Zh. Abdrakhmanov Academy of Public Administrationunder the President of the Kyrgyz Republic
SELECTION AND TRAINING OF STATE AND MUNICIPAL EMPLOYEES IN THE KYRGYZ REPUBLIC: THEORETICAL AND LEGAL RESEARCH
It should be noted that the importance of the institution of state and municipal service is evidenced by a significant number of scientific works in which its administrative, legal, social and psychological aspects are revealed. The authors of this article highlight the features of state and municipal service selection and training. The article analyzes the experience of the Kyrgyz Republic in training, retraining, advanced training and selection of civil and municipal employees. The article also reveals an understanding of the process of professional training of state and municipal employees, describes the mechanisms that facilitate this, and draws attention not only to the general principles of professional training, but also to its effectiveness.
The results of the study can be used in practical activities to organize additional professional education (DPE) programs for state civil servants and municipal employees of the Kyrgyz Republic holding positions of the highest, main, senior junior group of civil service positions.
Keywords: law, legislation, public service, municipal service, career, reserve, position, selection, competition.
Bibliographic list of articles
1. Constitution of the Kyrgyz Republic (adopted by referendum on April 11, 2021).
2. Alyshbaev K.K. Personnel policy of the Kyrgyz Republic – legal foundations of the state and municipal service of the Kyrgyz Republic. Data from the presentation of the training seminar. State Agency for Civil Service and Local Self-Government under the Cabinet of Ministers of the Kyrgyz Republic. September 2023
3. Data from the presentation. State Agency for Civil Service and Local Self-Government under the Cabinet of Ministers of the Kyrgyz Republic. September 2023
4. Law of the Kyrgyz Republic dated October 27, 2021 No. 125 “On state civil service and municipal service.”
5. Decree of the President of the Kyrgyz Republic “On the formation and functioning of the personnel reserve of the state civil service and municipal service of the state body and local government of the Kyrgyz Republic.” dated February 2, 2022, UP No. 24.
6. Decree of the President of the Kyrgyz Republic dated May 31, 2022 No. 169 “On approval of the Procedure for certification and the procedure for passing the probationary period of state civil servants and municipal employees.”
7. Bakchiev D. B. Improving the selection and selection of personnel in the public service through modern human resource management Analytical note. NISI KR, 2016. 16 p.
8. Decree of the President of the Kyrgyz Republic “On the creation and operation of the regional and municipal personnel reserve dated November 5, 2021 No. 521.”
9. Decree of the President of the Kyrgyz Republic dated February 2, 2022 No. 24 “On approval of the regulations on the procedure for holding an open competition for inclusion in the personnel reserve of the state civil service and municipal service of a state body and local government, its formation and functioning.
10. Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated April 18, 2023 No. 209 “On issues of training state civil servants and municipal employees of the Kyrgyz Republic.”
11. Decree of the President of the Kyrgyz Republic dated October 18, 2023 No. 262 on approval of the Model Regulations on career planning of state civil servants and municipal employees.
THEORY OF STATE AND LAW
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of the N. G. Chernyshevsky Saratov National Research State University
ON SOME ASPECTS OF THE BALANCE OF THE LEGAL SYSTEM OF THE RUSSIAN STATE IN THE DIGITAL AGE
The article examines the main issues of the development of the domestic legal system. The necessity of ensuring the balance of the legal system in the context of the development of the information society is substantiated. The article pays considerable attention to the consideration of the value foundations of the legal system related to law and humanistic values. The author draws attention to the role of law in giving the legal system a vector of sustainable development. The author makes a reasonable conclusion about the need for further research of the directions of development of the legal system in the context of the challenges of the digital age.
Keywords: balance of the legal system, value orientations, humanistic values, law, information society, digital age.
Bibliographic list of articles
1. Avt0nomov A. S. The value of the Constitution // State and law. – 2009. – No. 3. – P. 5-11.
2. Lukasheva E. A. Man, law, civilizations: normative and value dimension. – M.: Norma, 2009. – 384 p.
3. Matuzov N. I. Current problems of the theory of law. – Saratov: SGAP Publishing House, 2003. – 512 p.
THEORY OF STATE AND LAW
GORBUNOV Maxim Dmitrievich
Ph.D. in Law, senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevsky State University
NEIL MCCORMICK ON THE STATE IN THE NORMATIVE SYSTEM
The article examines the views on states of Neil McCormick, one of the key representatives of analytical jurisprudence. The problematic nature and relevance of the question of the place of the state in the legal system is one of the central ones in jurisprudence, and the views of a lawyer combine originality and practice-orientedness. McCormick points out that in modern conditions of “soft law”, processes of democratization and relativization of sovereignty, the state has lost its monopoly on the formation of the official legal order. The role of the state is rather utilitarian and is considered as a component of the institutional system of normative regulation that takes shape in the sphere political of relations at the level of various social entities, primarily at the level of nations.
Keywords: state, law, nation, normative system, sovereignty, analytical jurisprudence, legal understanding.
Bibliographic list of articles
1. Baitin M.I. The essence of law (Modern normative legal understanding on the verge of two centuries). – M.: Law and State, 2005. – 554 p.
2. Vyshinsky A. Ya. Questions of the theory of state and law. – M.: Gosyurizdat, 1949. – 424 p.
3. Nersesyants V. S. Philosophy of law: libertarian-legal concept // Questions of philosophy. – 2002. – No. 3. – P. 3-15.
4. Shershenevich G. F. Philosophy of Law. T. 1: Theoretical part. Vol. 1: General theory of law. – M.: Publishing house Br. Bashmakovs, 1910. – 320 p.
5. MacCormick N. Institutions of Law: An Essay in Legal Theory, 1st edition. – New York: Oxford University Press, 2007. – 317 p.
6. MacCormick N. Questioning Sovereignty: Law, State and Nation in the European Commonwealth. – Oxford: Oxford University Press, 1999. – 222 p.
7. Twining W. Biographical Memoirs of Fellows of the British Academy. XI, 2012. – P. 449-471.
THEORY OF STATE AND LAW
ZIKUNOVA Natalya Vladimirovna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
PSYCHOLOGICAL SERVICE IN THE MECHANISM OF THE STATE
The article considers the concept of “psychological service” and attempts to reveal the understanding of psychological service in the mechanism of the state. It is noted that the psychological service plays an important role in providing psychological assistance to citizens, as well as in psychological support of various types of activities carried out by the state to implement its functions. At the same time, despite the mention of the term “psychological service” in various regulatory legal acts, this definition is not legally fixed. In conclusion, the author’s definition of psychological service in the mechanism of the state is proposed.
Keywords: psychological service.
Bibliographic list of articles
1. Large psychological dictionary / Ed. B. G. Meshcheryakova, V. P. Zinchenko. – 4th ed., expanded. – Moscow: AST; St. Petersburg: Prime-Eurosign, 2009. – 811 p.
2. Burtseva I. I. Management of social and psychological service in the municipal education system: dis. …cand. ped. Sci. – Tula, 2009. – 221 pp.
3. Vasilyeva I.V. Organization of psychological services: textbook. – Tyumen: Tyumen State Publishing House. University, 2011. – 144 p.
4. Galitsyna I.V. Organizational and pedagogical conditions for the formation and functioning of the psychological service system of a university: dis. …cand. ped. Sci. – Ryazan, 2011. – 199 p.
5. Debolsky M. G. Psychological service of the penal system as a standard model of departmental psychological service // Electronic journal “Psychology and Law”. – 2011. – No. 1. – P. 1-12.
6. Dergacheva L. A. Theoretical principles and experience in organizing psychological services at an industrial enterprise: dis. …cand. psycho. Sci. – Moscow, 1987. – 206 p.
7. Dubrovina I.V. Theoretical foundations and applied aspects of the development of school psychological services: dis. …doc. psycho. Sci. – Moscow, 1988. – 311 p.
8. Zhdanova V.V. Development of the psychological service of a pedagogical university: dis. …cand. psycho. Sci. – Kursk, 2006. – 248 pp.
9. Brief philosophical encyclopedia. – M.: Progress – Encyclopedia, 1994. – 574 p.
10. A brief dictionary of the system of psychological concepts. – M.: Higher. school, 1984. Platonov K.K. – [Electronic resource]. – Access mode: https://vocabulary.ru/slovari/kratkii-slovar-sistemy-psihologicheskih-po№jatii-m-vyssh-shk-1984.html (date of access: 09.09.2023).
11. Ladanov I. D. Problems of psychological service / Acad. adv. households under the Council of Ministers of the USSR, Dept. law and management psychology. – Moscow: Academy of National Economy of the USSR, 1989. – 53 p.
12. Metelkova E.I. Psychological service as a resource for the development of modern education: dis. …cand. psycho. Sci. – Moscow, 2010. – 275 p.
13. Morozova I. S. Organizational and methodological aspects of the formation and development of psychological services in an institution: textbook / I. S. Morozova, K. N. Belogay, T. O. Ott; Kemerovo State University. – Kemerovo, 2011. – 299 p.
14. Novikov V.V. Social and psychological problems of production team management: Based on the material of the industrial psychological service of the USSR Ministry of Petrochemical Industry: dis. … doc. psycho. Sci. – Moscow, 1980. – 321 p.
15. Organization of psychological services: textbook / P. V. Putivtsev; Ministry of Education of the Moscow Region, State Educational Institution of Higher Education Moscow State Regional University. – Moscow: MGOU, 2018. –179 p.
16. Petrov E. V. System of psychological support for professional activity in the Ministry of Internal Affairs of Russia (genesis and development prospects). – M.: ABSOLUTE Group, 2007. – 208 p.
17. Practical psychology of education / Ed. I. V. Dubrovina. – St. Petersburg: Peter, 2004. – 592 p.
18. Psychological service: educational and methodological manual / Author-comp. E. V. Matveeva. – Kirov: VyatGGU Publishing House, 2007. – 63 p.
19. Psychological service of an organization: textbook / V. G. Zazykin, E. V. Samarina, R. V. Aleksandrova, E. A. Baklanova. – Ryazan: Ryazan State. University named after S. A. Yesenina, 2018. – 171 p.
20. Starilov Yu. N. Public service in the Russian Federation: Theoretical and legal research. – Voronezh: Voronezh University Publishing House, 1996. – 456 p.
21. Explanatory dictionary of the living Great Russian language: In 4 volumes / Dal V.I. – M.: RIPOL classic, 2006. / Volume 4. R-Ya. – 672 p. / pp. 127-374. – (Golden Collection). – [Electronic resource]. – Access mode: https://azbyka.ru/otech№ik/Spravoch№iki/tolkovyj-slovar-zhivogo-velikorusskogo-jazyka-v-i-dalja-bukva-s/1140 (date of access: 09.09.2023).
THEORY OF STATE AND LAW
MALTSEVA Tatyana Vladimirovna
adjunct of the Faculty of Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
THE IMPLICIT CONTENT OF THE LEGAL CATEGORY “WARNING”
This article discusses the essence of the content of the concept of warning as a legal category. Due to the fact that in modern science there is no generally accepted understanding of the term “legal warning”, since the attempts to interpret it still do not give its clear scientific definition from the point of view of the theory of law, there is no single approach to its practical application. The article attempts to reveal the legal nature of the “warning” and compare it with other similar concepts recorded in official documents adopted by the legislative bodies of the state.
Keywords: warning as a legal category, implicitness, legal norms, interpretation of legal norms, crime prevention.
Bibliographic list of articles
1. Large legal dictionary / Ed. A. Ya. Sukhareva, V. E. Krutskikh. 2nd ed., revised. and additional – M.: INFRA-M, 2004. – P. 704.
2. Voronin Yu. A., Mayorov A. V. Theoretical foundations of the formation of a system for combating crime in Russia // Criminological. magazine of the Baikal State University of Economics and Law. – 2013. – No. 1. – P. 7-16.
3. Grishin D. A. Crime prevention. Differentiation of terminology used. // Law and law. – 2020. – No. 3. – P. 91-94.
4. Ozhegov S.I. Explanatory dictionary of the Russian language. – M.: Peace and Education, 2008. – P. 976.
5. Radko T. N. Concept and characteristics of the functions of law // Bulletin of the Academy of Law and Management. – 2016. – No. 3 (44). – pp. 22-30.
6. Repyev A.G. “Judicial warning” as a new measure of administrative punishment // Administrative law. – 2019. – No. 2 (89). – P. 84-90.
7. Dictionary of foreign words. 7th ed., revised. – M.: Rus. lang., 1980. – P. 622.
THEORY OF STATE AND LAW
OSADCHUK Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, Simferopol
SOCIAL CONDITIONALITY AND PRINCIPLES OF ELECTORAL LAW
The article examines theoretical issues related to the study of citizens’ electoral rights, which act as a means to ensure the implementation of the electoral foundations of state power and require appropriate regulation, which finds expression in the norms of electoral legislation. Electoral legislation appears to be a multifaceted socio-political phenomenon, which, according to its goals and objectives, is aimed at state support and protection of the democratic process of elections, or other forms of democracy, and observance of the rule of law by all other subjects of law. The article substantiates the social conditionality of the electoral right based on the fact that the electoral right refers to natural human rights. The need to expand the understanding of electoral law from the traditional (positivist) equalization of it with the system of established and state-provided norms, to the natural right inherent in a person from birth, which requires regulation in the current legislation to create appropriate conditions for its use, implementation and protection, is substantiated.
Keywords: democracy, elections, electoral system, electoral legislation, electoral law, objective electoral law, electoral law, principles of electoral law.
Bibliographic list of articles
1. Constitution of the Russian Federation: [adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 1, 2020] // Official Internet – portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru.
2. Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States of October 7, 2002, ratified by Federal Law No. 89-FZ of July 2, 2003 “On Ratification of the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms” in the member states of the Commonwealth of Independent States” // SZ RF. – 07.07.2003. – No. 27 (part 1). – St. 2703.
3. Chirkin V. E. Constitutional law of foreign countries. – M.: Yurist, 1997. – 493 p.
4. Kozlova E. I., Kutafin O. E. Constitutional law of Russia / Textbook. 5th ed., revised. and additional – Moscow: Prospekt, 2015. – 592 p.
5. Federal Law of June 12, 2002 No. 67-FZ (as amended on July 31, 2023) “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation // Collection of legislation of the Russian Federation. – 06/17/2002. – No. 24. – Art. 2253.
6. Knyazev S. D. Principles of Russian electoral law // Jurisprudence. – 1998. – No. 2 – P. 21-30.
7. Yengibaryan R.V. Comparative constitutional law: textbook. allowance – M.: Yurist, 2005. – 462 p.
8. Okunkova L. A. Constitutions of European States: in 3 volumes / Under the general editorship. L. A. Okunkova. – T. 1. – M.: Publishing house NORM, 2001. – 438 p.
9. Dudchenko V.V. Tradition of legal development: pluralism of legal doctrines. – O.: Legal. lit., 2006. – 304 p.
10. Dudchenko V.V. The problem of conceptualization of law // Current problems of state and law: Coll. scientific works – O.: Legal. lit., 2005. – Issue. 24. – pp. 187-194.
11. Universal Declaration of Human Rights (adopted by the UN General Assembly on December 10, 1948) // Russian newspaper. – No. 67. – 04/05/1995.
THEORY OF STATE AND LAW
SIDORUK Anastasiya Yurjevna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
PROPERTIES OF PUBLIC AUTHORITY AND THE NEED TO LIMIT THEM
The article is devoted to the study of the content of the concept of public power, the properties of public power and the mechanisms of its limitations. The author considers certain properties, such as justice, legality (legality), coercion and sovereignty, necessary for public authorities to restrain its abuses. The activities of public authorities should be based on the principles of responsibility, transparency, equality and justice. As a result of the research conducted, the author comes to a reasonable conclusion about the need for restrictions on public power, which is expressed in the restraining effect of partial manifestation of some of its properties.
Keywords: public authority, properties, restrictions, state, authority, coercion, sovereignty, fundamental rights and freedoms.
Bibliographic list of articles
1. Gomerov I. N. Structure and properties of power / Centrosoyuz Ross. Federation. Sib. the university will consume. co-op – Novosibirsk: Sib. the university will consume. koop., 2000. – 231 p.
2. Ilyin I.A. Theory of Law and State / Ed. and with a preface. V. A. Tomsinova; Moscow State University named after M. V. Lomonosov. Legal fak. – Moscow: MIRROR: System GARANT, 2003 (PPP Type. Science). – 398 pp.
3. Kistyakovsky B. A. Social sciences and law: essays on the methodology of social sciences and general theory of law. – Moscow: M. and S. Sabashnikov, 1916 (Typolytography from the company of I. N. Kushnerev and K). – IV. – 704 p.
4. Korkunov N. M. History of the philosophy of law: a manual for lectures. – St. Petersburg: Science, 2019. – 504 p.
5. Kushkhova B.Z. Legal responsibility of public authorities in modern Russia: a general theoretical aspect. – Pyatigorsk, RIA-KMV, 2017. – 192 p.
6. Makareiko N.V. State coercion: problems of theory and practice of implementation. – Moscow: Yurlitinform, 2015. – 354 p.
7. Matuzov N. I. Current problems of the theory of law. – Saratov: Publishing house Sarat. state acad. Law, 2003. – 510 p.
8. Public power: problems of implementation and responsibility / [N. I. Mazuov, A. V. Malko, V. T. Karbyshev, etc.]: ed. N. I. Matuzov, O. I. Tsybulevskaya; State Educational Institution of Higher Professional Education “Saratov State Academy of Law”. – Saratov. Publishing house of the State Educational Institution of Higher Professional Education “Saratov State Academy of Law”, 2011. – 528 pp.
9. Khoroshiltsev A.I. State power and the principles of its organization in a democratic society: Theoretical and legal research: dissertation … candidate of legal sciences: 12.00.01. – Moscow, 2002. – 198 p.
10. Shershenevich G.F. General theory of law: In 2 volumes – M.: Publishing house. MSU, 1995. – T. 2. – 512 p.
THEORY OF STATE AND LAW
SHISHKHANOV Kamil Umaralievich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
THE CONCEPT AND IDEOLOGICAL ORIGINS OF RUSSIAN CONSERVATISM
The article is devoted to the analysis of Russian conservatism as a phenomenon characterized by the presence of social and political principles. The cultural and social prerequisites, the essence and features of conservative political and legal thought are fully defined. A typological version of the classification of the origins of the Russian model of conservatism is presented. Also, the conceptual foundations of the conservative tradition are considered with an eye to Russian social and political ideas. It is established that the Russian tradition of conservatism contradicts the liberal concept in the context of approaches to the consideration of the concept of “human personality”. Within the framework of Russian conservatism as a separate trend, society has always been viewed as a complex organism formed by estates, different communities and not only. As a result of the research, important conclusions have been obtained that allow us to assert that there is a pronounced and irrefutable continuity of conservative principles at different stages of the historical development of Russia as one of the greatest states.
Keywords: conservatism, conservative theories, autocracy, monarchy, legal life, autocracy, Orthodoxy, nationality, monarchism.
Bibliographic list of articles
1. Golikov A.K. Russian conservatism of the 19th – early 20th centuries in the context of Western European conservatism // POLITEX. – 2006. – No. 1. – P. 300-321.
2. Kumskova S.N. The phenomenon of Russian conservatism // SibScript. – 2010. – No. 1. – P. 200-204.
3. Shamshurin V.I., Filipskaya E.V. Reflections on conservatism // Bulletin of Moscow University. Series 12. Political sciences. – 2009. – No. 1. – P. 20-26.
4. Pitirim Sorokin. Man, civilization, society. – M., 1992. – P. 429.
5. Gorokhov A. A. Two approaches to understanding Russian conservatism in the history of socio-political thought in Russia in the 19th-21st centuries // Bulletin of Moscow University. Series 12. Political sciences. – 2012. – No. 2. – P. 110-115.
6. Tikhomirov L. A. Monarchical statehood. – M., 1905. – P. 453.
THEORY OF STATE AND LAW
IGNATJEVA Alexandra Valentinovna
adjunct of the Faculty of Training of Scientific and scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
GENERAL THEORETICAL ANALYSIS OF THE PHENOMENON OF “CIRCUMVENTION OF THE LAW”
The article presents the results of the theoretical consideration of the general legal phenomenon of “circumvention of the law”. The purpose of the study was to study the circumvention of the law within the existing typology of legal behavior, taking into account its ambiguous understanding and attribution to lawful or illegal. Studies of “circumvention of the law” at the doctrinal level in the works of legal scholars and its consolidation in legislation are considered. Both domestic experience of legal regulation and foreign practice are given. The author has determined that “circumvention of the law” can exist in the form of a long process or as a one-time action.
Keywords: prohibition on circumvention of the law, the law, pretense, imaginary, legal norms, judicial practice, responsibility.
Bibliographic list of articles
1. Volkov A.V. The concept of “bypassing the law” in the doctrine and practice of civil law // Laws of Russia: experience, analysis, practice. – 2013. – No. 1. – P. 73-77.
2. Guy. Institutions / Transl. [from Latin] F. Dydynsky. – M.: Yurist, 1997. – 361 p.
3. Gambarov Yu. S. Civil law. A common part. – M.: Mirror, 2003. – P. 746.
4. Justinian’s Digests / Trans. from lat. T. III. – M.: Statute, 2003. – P. 291.
5. Zakharova O. E. Circumvention of the law as a form of abuse of law under Russian and German civil legislation: comparative legal analysis: dis. …cand. legal Sci. – Ekaterinburg, 2021. – 221 p.
6. Meyer D.I. About legal fictions and assumptions, about secretive and feigned actions // Selected works on civil law. – M.: Center YURIN-FOR, 2003. – P. 146.
7. Muranov A.I. The problem of “bypassing the law” in substantive and conflict of laws: dis. …cand. legal Sci. – M., 1999. – 272 p.
8. Podshivalov T. P. Bypassing the law in private international law // Journal of Russian Law. – 2016. – pp. 145-153.
9. Pokrovsky I. A. Basic problems of civil law. – M.: Statute, 2001. – 302 p.
10. Popova I. Yu. Transactions bypassing the law and its consequences in the civil law of Russia and the USA: dis. …cand. legal Sci. – M., 2018. – 169 pp
11. Rarog A.I. Gaps in the criminal legislation of Russia // Gaps in Russian legislation. – 2008. – No. 1. – P. 194-197.
12. Repyev A. G., Senyakin I. N., Torchilin K. E. Prohibition on circumventing the law in the mechanism of legal regulation: historical and legal aspect // Bulletin of Tomsk State University. Tomsk: Tomsk State University. – 2022. – No. 474. – P. 272-284.
13. Rekhtina I. V. Problems of interaction between the Russian Federation and the European Court of Human Rights // Arbitration and civil process. – 2013. – No. 1. – P. 44-48.
THEORY OF STATE AND LAW
MATANTSEV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of State law disciplines sub-faculty of the Academy of Management of the MIA of Russia
THEORETICAL VIEW ON THE CONCEPT OF “MANAGERIAL LEGAL RELATIONSHIP”
The article studies the general concept of legal relations, reveals its functional purpose, and defines the specifics of managerial legal relations. The author notes that the category of legal relations has an interpretative and integrating meaning. At the same time, it is proposed to consider managerial legal relations from broad, intersectoral positions, not limited to the framework of administrative law. In addition to their subject composition and object, their target orientation and systematic importance in the process of public administration are considered as key characteristics of managerial legal relations.
Keywords: legal relationship, managerial legal relationship, legal form, public administration, systemic relationships.
Bibliographic list of articles
1. Andreeva I. A. and others. Current problems of the theory of law: textbook. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2021. – 400 pp.
2. Belov V. A. Civil law in 4 volumes. Volume I. General part. Introduction to civil law: a textbook for universities. 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 622 p.
3. Kozlov Yu. M. Administrative legal relations. – M.: Legal literature, 1976. – 184 p.
4. The concept of legislative regulation of mechanisms for organizing the circulation of digital currencies. [Electronic resource]. – Access mode: http://static.government.ru (access date: 10/01/2023).
5. Luparev E. B. Administrative law: in 10 volumes. T. 2 Administrative legal relations. – M.: Publishing House NP “Eurasian Academy of Administrative Sciences”, 2013. – 232 pp.
6. Halfina R. O. General doctrine of legal relations. – M.: Legal literature, 1974. – 351 p.
HISTORY OF STATE AND LAW
BESSILIN Nikolay Anatoljevich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
UTYAGULOV Marat Mirsaitovich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
RESETTLEMENT OF PEASANTS TO BASHKIRIA ATTHE TURN OF THE XIX-XX CENTURIES
The article reveals the main conditions and reasons for the resettlement of the peasantry in Bashkiria at the turn of the 19th-20th centuries, where the directions of the resettlement policy of the Russian government are analyzed. Based on the study of archival materials and sources, the author reveals the progressive dispossession of the peasantry, which forced tsarism to develop measures for the mass and organized resettlement of peasants to the sparsely populated and land-rich provinces of the country, including the Bashkir region.
Keywords: peasantry, resettlement, lack of land, tithe, patrimonial land ownership, Bashkir region.
Bibliographic list of articles
1. Lenin V.I. Political notes. PSS. – T. 16.
2. Lenin V.I. The agrarian question in Russia by the end of the 19th century. PSS. – T. 17.
3. Khromov P. A. Economic development of Russia in the XIX – XX centuries. (1800-1917). – M., 1950. – 551 p.
4. Chernyshev I.V. Agrarian question in Russia. – Kursk: Soviet Village, 1927. – 232 pp.
5. Simonova M. S. The struggle of currents in the government camp on the issue of agrarian policy at the end of the 19th century. // History of the USSR. – 1963. – No. 1.
6. Sokolov D.N. Orenburg province. Geographical sketch. – M.: “Zadruga”, 1916. – 102 p.
7. IN RB. – F. 168. – Op. 1. – D. 192.
8. Karabanov N.V. Resettlement and resettlement of peasants in the 80s. XIX century – M.: Publishing house. Sytin’s House, 1912. – 82 p.
9. United State Archive of the Orenburg Region. – F. 13. – Op. 2. – D. 11.
10. Settlements of Bashkortostan. In 4 volumes. T. 1. Territorial body of the Federal State Statistics Service for the Republic of Bashkortostan. – Ufa: Kitap, 2018. – 300 pp.
11. Usmanov Kh. F. Development of capitalism in agriculture of Bashkiria in the post-reform period. – M: Nauka, 1981. – 372 pp.
HISTORY OF STATE AND LAW
LADYGINA Oksana Alexandrovna
master of law, senior lecturer of General legal disciplines sub-faculty of the B. Beissenov Karaganda Academy of the MIA of the Republic of Kazakhstan, lieutenant colonel of police
DEVELOPMENT OF THE LEGAL STATUS OF THE INDIVIDUAL IN THE SOVIET PERIOD
The article examines the development of the legal status of the individual in the Soviet period from 1917 to 1991. The characteristic of the state laws adopted during this period is given. A comparative analysis of the Constitution of the RSFSR of 1918 and the Constitution of the USSR of 1936, where the constitutional and legal status of the individual is fixed for the first time, a separate chapter dedicated to the rights and duties of citizens is allocated. In addition, attention is focused on the further constitutional development of the state.
Keywords: legal status, personality, Constitution, Soviet period, reform, rights, duties.
Bibliographic list of articles
1. Tataryan V. G., Ladygina O. A. Protection of the rights and freedoms of man and citizen in the Republic of Kazakhstan // International Journal of Constitutional and State Law. – No. 2. – 2021. – P. 137.
2. Aleksandrov Yu. Development of the penal system of Russia: myths and reality // Human Rights Defender. – M., 1996. – P. 21.
3. Berkhin I. B. History of the USSR (1917-1978). – M.: Higher School, 1979. – P. 309.
4. Petrovich D. V. Some features of the proclamation of fundamental rights and freedoms in Russia at the beginning of the 20th century // State, law, personality: history, theory, practice: scientific and practical materials. Conf., 18 Feb. 2006 / Ed. prof. S. A. Komarov. – Kolomna, 2006. – P. 99.
HISTORY OF STATE AND LAW
LONSHAKOV Anton Alexandrovich
adjunct of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
CLASSIFICATION OF MILITIA FORMATIONS OF THE RUSSIAN EMPIRE AND THEIR ROLE IN THE FUNCTIONING OF THE STATE
The article deals with the organization of the activities of militia formations in the Russian Empire. The role of militia formations in the life of society and the state is determined. The classification of militia formations into state and non-state, as well as other variants of classifications according to functional, ethnic and social characteristics is given.
Keywords: state, functions of the state, protective function of the state, militia formations, land militia.
Bibliographic list of articles
1. Amirov R.Z. Police functions of the army of the Russian state, XVIII – first quarter of the XIX century: dissertation … candidate of legal sciences: 12.00.01. – M., 1996. – 194 p.
2. Borisov A., Malygin A., Mulukaev R. Three centuries of Russian police. – M.: RIPOL classic, 2016. – P. 425-441.
3. Lyubavsky M.K. Essay on the history of Russian colonization from ancient times to the 20th century. – M.: Publishing house Mosk. University, 1996. – pp. 309-310.
4. Pozharsky D.V. Protective function of the state (theoretical and methodological problems): dissertation … Doctor of Law: 12.00.01. – M., 2015. – P. 119.
HISTORY OF STATE AND LAW
SERGEEVA Tatyana Nikolaevna
adjunct of the Faculty of Training of Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
THE FUNCTION OF NATIONAL DEFENSE: SOVIET EXPERIENCE AND MODERN CHALLENGES
The article provides a historical and legal analysis of the country’s defense function as one of the most important external functions of the Soviet and modern Russian state. The main goals and objectives of this function have been identified. The relevance of this function is confirmed by the fact that potential external threats currently persist, and in some areas intensify military security and territorial integrity of the Russian Federation.
Keywords: socialist state, foreign policy, external functions of the state, national defense function, state activities, goals and objectives of the state, protection of sovereignty, security.
Bibliographic list of articles
1. Baitin M.I. Essence and main functions of the socialist state. – Saratov: Saratov University Publishing House, 1979. – 302 pp.
2. Materials of the XXIII Congress of the CPSU. – M.: Politizdat, 1966. – 303 p.
3. Materials of the XXV Congress of the CPSU. – M.: Politizdat, 1976. – 256 p.
4. Chernogolovkin N.V. Functions of the Soviet state during the period of extensive construction of communism – M.: Legal literature 1960. – 191 p.
5. Khrushchev N. S. Forty years of the Great October Socialist Revolution, Gospolitizdat, 1957. – 78 p.
6. National Security Strategy of the Russian Federation. – 3rd ed. add. – Moscow: INFRA-M, 2023 – 101 p.
HISTORY OF STATE AND LAW
VASILJEVA Yuliya Alexandrovna
postgraduate officer of the Faculty of Training of Scientific and scientific-pedagogical personnel of the Academy of Management of the MIA of Russia
DEVELOPMENT OF PROBLEMS OF OBJECTIVELY ILLEGAL BEHAVIOR IN SOVIET LEGAL SCIENCE
This article is devoted to the development of the legal category of objectively illegal behavior in the Soviet period and also consideration of scientific works of such scientists as G. K. Matveev, I. S. Samoshchenko, V. N. Kudryavcev and others. The article deals with the problems of objectively illegal behavior in the Soviet legal science. Soviet legal science was a new phenomenon that was supposed to replace traditional law and legal science.
The article also analyzes how this behavior is used in the current Russian law. The importance of this category in ensuring compliance with legal norms in society is emphasized, but disputes and disagreements arise regarding its definition and application.
Keywords: legal behavior, objectively illegal behavior, Soviet law, legal law.
Bibliographic list of articles
1. Aleksandrov N. G. Legality and legal relations in Soviet society. – M., 1955. – 176 p.
2. Alekseev S.S. Problems of the theory of law. – Sverdlovsk, 1972. – T. 1. – 396 p.
3. Ardashkin V.D. On coercion under Soviet law // Soviet State and Law. – 1970. – No. 7.
4. Kudryavtsev V. N. Legal behavior: norm and pathology. – M., 1982. – 287 p.
5. Matveev G.K. Guilt in Soviet civil law. – Kyiv, 1955.
6. Minnikes I. A. Legal anomalies and legal responsibility // Legal responsibility: general problems and industry features. – Vladivostok, 1990. – pp. 13-14.
7. Samoshchenko I. S. The concept of offense under Soviet legislation. – M., 1963.
8. Chetvernin V. A. General theory of law and state. – M., 2007.
9. Shaburov A. S. Behavior of people in the legal sphere. Lawful behavior. Offense // Theory of state and law. – M., 2001.
HISTORY OF STATE AND LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor, associate professor of the International law sub-faculty of the Diplomatic Academy of the MFA of Russia
BESCHETNOV Sergey Sergeevich
postgraduate student of Public policy and history of state and law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
STATUTORY LAW AND FEATURES OF ITS CODIFICATION IN THE CARIBBEAN ISLANDS OF THE XVII-XIX CENTURIES
The article, which is the author’s material in this cycle, examines the problem of the domestication of the traditions of English jurisprudence in the focus of the legal space of the Caribbean countries, aspects of the development of which remain the most relevant in legal comparative studies , including in the island territories of the Mesoamerican region today.
Within the framework of the scientific work, the evolutionary processes that had a key influence on the Caribbean legal reality during the colonial and postcolonial vector of development of legal systems are investigated.
Based on the historical and political concept of chronotropic, it is concluded that the statute, being an integral source of common law, has been undergoing the process of adaptation and restoration of a number of its original elements for many centuries and at the same time coexists on an equal footing with the living traditions of continental jurisprudence in the West Indies.
Keywords: statute, law, Caribbean law, traditions, judicial precedent, legislator, common law, erosion of law, comparative law, colonial law, West Indies, legal system, conflicts, harmonization of law .
Bibliographic list of articles
1. Trikoz E. N., Shvets A. A. Legal transplants and model codes in countries with a mixed legal system // Society and Law. – 2023. – No. 1 (83). – pp. 93-100.
2. Petit É. Droit Public ou Gouvernement des Colonies Françoises: D’après les Loix faits pour ces Pays (1771) / Éd. A. Girault. P.: Librairie Paul Gauthier, 1911. – T. 1-2. – P. 1-456.
3. Olson J. S., Shadle R. Historical Dictionary of the British Empire. – Greenwood Press, 1996.
4. Hall C. G. A legislative history of vagrancy in England and Barbados // Contemporary Caribbean Legal Issues. – Cave Hill, Barbados: UWI, 1997. – No. 2. – P. 37-51.
5. Antoine R.-M. B. Commonwealth Caribbean law and legal system. – Routledge-Cavendish Publishing Ltd., 2008.
6. Blackstone W. Commentaries on the Laws of England (1765-1769). – NJ: Lawbook Exchange, Oxford, 2007.
7. Glenn J. M. Mixed Jurisdictions in the Commonwealth Caribbean: Mixing, Unmixing, Remixing // Electronic Journal of Comparative Law. – 2008. – Vol. 12(1). – P. 56-71.
8. Beschetnov S.S. Hybrid legal system in Saint Lucia: the view of a comparative historian // Advances in Law Studies. – 2022. – No. 3. – P. 11-15.
9. Trikoz E. N. Technique of criminal law codification in the British Empire of the 19th century. // Current problems of comparative law: collection of articles. Vol. 2 / Rep. ed. A. A. Malinovsky, E. N. Trikoz. – M., 2022. – P. 58-69.
HISTORY OF STATE AND LAW
TAYGAROV Magomed Akhyadovich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
ACTIVITIES OF THE POLICE APPARATUS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN EMPIRE TO COMBAT THE REVOLUTIONARY MOVEMENT IN THE CAUCASUS AT THE BEGINNING OF THE XX CENTURY
The article examines the activities of the police apparatus of the Ministry of Internal Affairs of the Russian Empire to combat the revolutionary movements of 1905-1907. It is shown that, despite the complex management system of the Ministry of Internal Affairs institutions in the Caucasus at the beginning of the XX century, they managed to effectively fight the revolutionary movements in the region during the described period. The relevance of the research is to consider the little-studied experience of the organization and activity of police bodies in the national regions of the Russian state before the 1917 revolution, in particular, the experience of building, the specifics of the organization and activity of the police in the territory of the modern Caucasus during the First Russian Revolution of 1905-1907.
Keywords: Caucasus, governor, Ministry of Internal Affairs, revolution.
Bibliographic list of articles
1. Gorodnitsky R. A Establishment of the Ministry of Internal Affairs in the Caucasus in 1905-1917. // Bulletin of Moscow University. Series 21. – 2004. – No. 3. – P. 1-13
2. Korzhikhina T. P., Senin A. S. History of Russian statehood. – M.: Interpax, 1995. – 348 p.
HISTORY OF STATE AND LAW
SYPCHENKO Alla Viktorovna
Ph.D. in historical sciences, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
RUSSIAN HISTORIAN V.A. MYAKOTIN ABOUT THE POLICY OF HETMAN P. SKOROPADSKY IN UKRAINE
The article is devoted to the analysis of the views of the famous Russian historian and socio-political figure of Russia and Russian emigration V. A. Myakotina on the policy of Hetman P. Skoropadsky in Ukraine. V. A. Myakotin, as a historian, paid great attention to the study of Ukrainian history and entered historical science, first of all, as a historian of Ukraine. During the period of hetmanship of P. Skoropadsky, V. A. Myakotin lived in Ukraine and continued to lead the anti-Bolshevik struggle as one of the leaders of the Labor People’s Socialist Party and the largest anti-Bolshevik organization, the Union of Revival, whose central bodies were located in Kiev in 1918. Therefore, the study of his views is important for the study of the history of Ukraine in such a turning point, which was the reign of Hetman P. Skoropadsky, as well as the relations of organizations headed by V. A. Myakotin to the policy of the hetman, to the problems of the state structure of Russia and Ukraine during this period. The article analyzes Myakotin’s memoirs “From the Recent Past”, written by him in exile, his publications in emigrant periodicals and the rich archival heritage.
The author summarizes the main provisions of the study and concludes that V. A. Myakotin praised the policy of Hetman P. Skoropadsky very negatively and considered it unpopular among the Ukrainian people. It is emphasized that V. A. Myakotin, like other leaders of the Labor People’s Socialist Party and the Union of Revival, had certain hopes for the hetman in the anti-Bolshevik struggle. It is shown that as these hopes disappeared, the assessment of V. A. Myakotin’s policies of Hetman P. Skoropadsky became increasingly negative.
Keywords: V. A. Myakotin, Hetman P. Skoropadsky, Russia, Ukraine, Labor People’s Socialist Party, Renaissance Union.
Bibliographic list of articles
1. Sypchenko A.V. People’s Socialists at the Head of the “Renaissance Union” // News of the Samara Scientific Center of the Russian Academy of Sciences. Special issue “Modern problems of history and philosophy.” – Samara, 2002.
2. Sypchenko A.V. Preface // Labor People’s Socialist Party. Documents and materials. – M.: ROSSPEN, 2003.
3. Sypchenko A.V. Labor People’s Socialist Party: theory and practice. – Samara, 2004.
4. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). Abstract of thesis. … Doctor of Historical Sciences. – Samara, 2006. – 48 p.
5. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). dis. … doc. ist. Sci. – Samara, 2006.
6. Ioganson E. N. V. Myakotin: historian and politician. dis. …cand. ist. Sci. – M., 1994.
7. Erofeev N. D., Myakotin V. A. Political parties of Russia. The end of the nineteenth – the first third of the twentieth century. Encyclopedia. – M., 1996.
8. Myakotin V. A. // Russian abroad. Golden Book of Emigration. First third of the twentieth century. Encyclopedic Biographical Dictionary / Ed. ed. V. V. Shelokhaeva. – M., 1997.
9. Myakotin V. From the recent past (Excerpts of memories) // On the other side. – Berlin – Prague, 1923-1924.
10. State Archives of the Russian Federation (hereinafter referred to as the RF GA). – F. 5917.
11. Myakotin V. From the recent past (Excerpts of memories) // On the other side. – No. 5. – Band (Berlin), Flame (Prague), 1924.
12. GA RF. – F. 6401. – Op. 1. – D. 1-3.
HISTORY OF STATE AND LAW
GERASIMENKO Artem Aleksandrovich
Adjunct of the Academy of Management of the Ministry of Internal Affairs of Russia
THE FIGHT AGAINST ECONOMIC CRIMES AT THE TURN OF THE 70S AND 80S OF THE 20TH CENTURY IN THE USSR
The article considers the activities to combat theft of socialist property and speculation in the USSR at the turn of the 1970s and 1980s of the 20th century. The article examines the functioning of the service for combating economic crimes, mainly in the above period. The period when the Ministry of Internal Affairs was headed by N. Shchelokov and V. Fedorchuk. The purpose of this article is to consider the attempt to solve the above problem in a particular historical period. This problem does not lose its relevance. It is becoming more and more significant. I hope that the analysis of the past should help to cope with economic crimes in the future.
Keywords:economic crimes, USSR, Ministry of Internal Affairs, Research Institute, embezzlement, speculation, theft, robbery, robbery, embezzlement, embezzlement, fraud.
Bibliographic list of articles
1. At the head of the Russian Ministry of Internal Affairs (1802-2017): encyclical. / under general ed. prof. V.V. Chernykh. – Irkutsk: FGKOU VO VSI Ministry of Internal Affairs of Russia, 2017. – P. 155-164.
2. Current problems in the history of internal affairs bodies: textbook / A. V. Borisov et al. – M.: AcademyI of the Department of the Ministry of Internal Affairs of Russia, 2019. – P. 66.
3. Borisov A.V., Malygin A.Ya., Mulukaev R.S. History of the Soviet police: monograph / ed. ed. doc. legal Sciences, Professor R. S. Mulukaev. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2015. – P. 139.
ADMINISTRATIVE LAW
BAGISHEV Oleg Alexeevich
Ph.D. in Law, associate professor of the Moscow Financial and Industrial University” Synergy”
ADMINISTRATIVE AND LEGAL REGULATION OF BANKING ACTIVITIES
The administrative and legal regulation of banking activity is a system of normative acts and legal mechanisms that establish the rules and procedure for conducting banking operations, as well as ensuring control over the activities of banks. These regulations regulate various aspects of banking activities, including licensing and registration of banks, protection of the rights and interests of banks and their clients, setting requirements for authorized capital and reserves, ensuring the financial stability of banks, as well as standards of conduct and ethics in the banking sector. In the article, the author presents a historical overview of the development of administrative and legal regulation of banking activities and its main points to date.
Keywords: banking system, State Bank, banking regulator, national payment system, Bank of Russia, financial regulator.
ADMINISTRATIVE LAW
BESELMAN Ilona Vladimirovna
student of the 4th course of bachelor of the Faculty of Training Specialists for the Judiciary (Faculty of Law) the Crimean branch of the Russian State University of Justice
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for the Organization of scientific and editorial-publishing activities of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
ON THE NEED TO ADOPT AND IMPLEMENT THE FEDERAL LAW “ON THE USE OF UNMANNED AERIAL VEHICLES IN THE RUSSIAN FEDERATION AND ON AMENDMENTS TO CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION”
The article is a comprehensive study and supplement to the study of the use of unmanned aerial vehicles in the Russian Federation, as well as in the subjects of the Russian Federation, in particular, in the Republic of Crimea. In previously written articles, the author traces the formation of the use of drones in our country and foreign countries, and therefore comes to the conclusion that it is necessary to adopt and implement a single regulatory legal act in the field of UAV operation. Attention is paid to the exclusion of the application of certain by-laws to the regulation of the proper use of UAVs. The author proposed amendments to certain legislative acts of the Russian Federation in order to comply with the Law on Drones. The thesis about the need to systematize the administrative and legal regulation of the use of drones is substantiated.
Keywords: drones, Federal Law, by-laws, administrative and legal regulation, permissive procedure, improvement.
Bibliographic list of articles
1. Beselman I.V. Historical and legal prerequisites for the establishment of the legal regime for the use of UAVs in the Russian Federation // Issues of judicial activity and law enforcement in modern conditions: Collection of articles based on the results of the II International Scientific and Practical Conference. In 2 volumes, Simferopol, March 31, 2023 / Comp. I. V. Khmil, edited by S. A. Trofimov, E. V. Evsikova. Volume 1. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2023. – P. 631-637.
2. Beselman I. V. The effectiveness of the introduction of unmanned aerial vehicles to prevent administrative offenses in the field of traffic // Young researchers: a look into the past, present, future: Collection of scientific articles based on reports and communications of the II International Student Scientific and Practical Conference, Smolensk , December 02, 2021. Volume II. – Smolensk: Magenta, 2022. – P. 33-40.
3. Beselman I.V. Legal regime for the use of UAVs in foreign countries and the main problems of its implementation // Issues of judicial activity and law enforcement in modern conditions: Collection of articles based on the results of the II International Scientific and Practical Conference. In 2 volumes, Simferopol, March 31, 2023 / Comp. I. V. Khmil, edited by S. A. Trofimov, E. V. Evsikova. Volume 1. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2023. – P. 80-90.
4. Beselman I.V. Theoretical aspects of the legal regime for the use of UAVs in the Russian Federation //Issues of judicial activity and law enforcement in modern conditions: Collection of articles based on the results of the II International Scientific and Practical Conference. In 2 volumes, Simferopol, March 31, 2023 / Comp. I. V. Khmil, edited by S. A. Trofimov, E. V. Evsikova. Volume 1. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2023. – P. 637-642.
5. Evsikova E. V. Problems of modernization and reform of administrative and tort legislation at the present stage // Problems of improving legislation and law enforcement practice: Collection of articles based on the results of the international scientific and practical conference, Simferopol, May 27–28, 2022. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2022. – P. 18-25.
6. Evsikova E. V., Buts S. B., Ponomarev A. V., Staritsyn A. V. On the issue of improving the administrative and tort legislation of the Russian Federation // Eurasian Legal Journal. – 2022. – No. 4 (167). – pp. 150-151.
ADMINISTRATIVE LAW
DOBROV Alexey Nikolaevich
Ph.D. in Law, Head of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia
KRASNOVA Elena Mikhaylovna
Senior lecturer of Psychology, pedagogical and organization work with personnel sub-faculty of the Academy of Management of the MIA of Russia
CORRELATION OF THE CONCEPTS OF “POWERS”, “COMPETENCE”, “RIGHTS AND OBLIGATIONS” OF OFFICIALS OF INTERNAL AFFAIRS BODIES (POLICE) IN THE IMPLEMENTATION OF ADMINISTRATIVE AND JURISDICTIONAL ACTIVITIES
In the legislation of the Russian Federation, as well as in the legal literature, the terms “powers”, “competence”, “rights and obligations” of employees of internal affairs bodies are used. The author considers the correlation of these concepts and highlights that the terms are interrelated in the science of administrative law and other branches of science and are widely used in the activities of internal affairs bodies (police). A distinctive feature of the competence is the direction in the activities of certain executive authorities.
The article highlights the peculiarities of the powers of police officers to draw up protocols on administrative offenses, it is also noted that the scope of powers of police officials is determined by their official position and it is concluded that through the powers of an official of the internal affairs bodies (police) has the opportunity to practically implement the rights and duties assigned to him.
Despite the fact that in the science of administrative law there are different points of view about the relationship between the concepts of “authority” and “competence”, the analysis of the legal literature devoted to this issue shows the unity of opinions of most authors that the rights and obligations of the subject are the main element of competence.
Keywords: executive authorities in the field of internal affairs, internal affairs bodies (police), powers, competence, rights and duties, police officials, jurisdiction, administrative and jurisdictional powers.
Bibliographic list of articles
1. Vitruk N.V. General theory of legal status. – M.: Norma, 2008. – P. 56.
2. Legal encyclopedia / Ed. M. Yu. Tikhomirov. – M.: Yurinformtsentr, 2001. – P. 654.
3. Large encyclopedic dictionary: in 62 volumes / Ed. S. A. Kondratova. – M.: TERRA, 2006. – T. 38. – P. 5.
4. Ushakov D. N. Large explanatory dictionary of the modern Russian language. – M.: “Alta-Print”, 2009. – P. 733.
5. Order of the Ministry of Internal Affairs of Russia dated August 30, 2017 No. 685 “On officials of the system of the Ministry of Internal Affairs of the Russian Federation authorized to draw up protocols on administrative offenses and carry out administrative detention.” – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 07/21/2023).
6. Decree of the President of the Russian Federation dated December 21, 2016 No. 699 (as amended on July 17, 2023) “On approval of the Regulations on the Ministry of Internal Affairs of the Russian Federation and the Model Regulations on the territorial body of the Ministry of Internal Affairs of the Russian Federation for a constituent entity of the Russian Federation” exercises other powers in the field internal affairs in accordance with federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation. – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 09/08/2023).
7. Federal Law No. 3-FZ dated 02/07/2011 (as amended on 04/05/2020) “On the Police” // Collection of Legislation of the Russian Federation. –2011. – No. 7. – Art. 900.
8. Alekseev S.S. State and law. Beginner course. – M.: Lawyer, 1994. – 189 p.
9. TikhomirovYu. A. Theory of competence // Journal of Russian Law. – 2000. – No. 10. – P. 22-32.
10. Dictionary of foreign words / comp. L. Orlova. – M.: Harvest, 2010. – P. 241.
11. Legal encyclopedia / ed. M. Yu. Tikhomirov. – M., 1997. – P. 205.
12. Bulyko A.N. Large dictionary of foreign words. 2nd ed. – M.: “Martin”, 2008. – P. 282.
13. Sukhareva A. Ya., Zorkin V. D. Large legal dictionary. – M.: Infra, 1999. – P. 293.
14. Sappirova A. A. Federal Labor Inspectorate: competence – some problems of implementation // Labor Law. – 2008. – No. 9. – P. 58-64.
15. Krasnova E. M. Administrative and jurisdictional powers of officials of internal affairs bodies (police) in proceedings on cases of administrative offenses and their implementation: dis. …cand. legal Sciences: 5.1.2. – Moscow, 2023. – 186 p. – [Electronic resource]. – Access mode: https://a.mvd.rf/nauka/dissovety/infoozach/.
16. Federal Law of December 30, 2001 No. 195-FZ “Code of the Russian Federation on Administrative Offenses” (as amended on July 31, 2023). – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08/08/2023).
17. On the procedure for considering appeals from citizens of the Russian Federation: Federal Law dated May 2, 2006 No. 59-FZ (as amended on August 4, 2023). – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08.20.2023).
18. Komlev S.V. Administrative and jurisdictional process: Author’s abstract. dis. …cand. legal Sci. – M., 2008. – P. 9.
19. Denisenko V.V. Administrative jurisdiction of internal affairs bodies / V.V. Denisenko, A.N. Pozdnyshov, A.A. Mikhailov. – M.: Lawyer, 2002. – 174 p.
ADMINISTRATIVE LAW
YAROVOY Alexander Valerjevich
Ph.D. in Law, associate professor, Dean of the Faculty of Professional Retraining and Advanced Training of the Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
THE MAIN ASPECTS OF BRINGING TO ADMINISTRATIVE RESPONSIBILITY BY STATE CONTROL (SUPERVISION) BODIES IN THE CONDITIONS OF “SUPERVISORY HOLIDAYS”
The article discusses approaches to the organization of control and supervisory activities in the conditions of the introduction of a moratorium on inspections of business entities. The author substantiates the position on the possibility of bringing persons to administrative responsibility in accordance with the norms of the Code of Administrative Offences of the Russian Federation.
Keywords: control and supervisory activity, state control (supervision) body, official, administrative responsibility, administrative investigation.
Bibliographic list of articles
1. Osintsev D.V. Security measures or control (supervisory) actions? // Economy and law. – 2023. – No. 3. – P. 101-110.
2. Fedotov S. A. Verification or jurisdiction: a return mechanism of administrative procedures. // Economy and law. – 2023. – No. 3. – P. 110-121.
3. Yarovoy A.V. Implementation of the powers of the prosecutor to supervise the implementation of legislation on the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision). – Irkutsk, 2017. – P. 327
MUNICIPAL LAW
MAGOMEDOVA Zukhra Rasulovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
THE RATIO OF DIRECT AND REPRESENTATIVE DEMOCRACY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT OF THE RUSSIAN FEDERATION
This scientific article highlights the question of the correlation of direct and representative democracy in the system of local self-government of the Russian Federation. The emphasis is on the role of civic participation and referendums in the context of local decisions and the process of making important decisions at the local level. The work also analyzes the advantages and limitations associated with the use of each of these forms of democracy, and also examines the impact of legislation and political practices on the balance between these two approaches in the context of Russian local self-government. In addition, the study will analyze the advantages and limitations associated with the use of both direct and representative democracy, taking into account the peculiarities of Russian legislation and political practice. The article will also consider issues related to the influence of public organizations and civil society on local self-government.
Keywords: local self-government, direct democracy, representative democracy, civic initiatives, referendum, Russia, local decisions.
Bibliographic list of articles
1. Aleksandrova E. A. Democracy in the system of local self-government // Youth and the XXI century – 2020: Materials of the 10th International Youth Scientific Conference. In 4 volumes, Kursk, February 19-20, 2020 / Executive editor A. A. Gorokhov. Volume 2. – Kursk: Southwestern State University, 2020. – pp. 13-15.
2. Voronina E. V., Sakharova O. V. Direct democracy in the system of local self-government: yes or no // Modern management: problems and prospects: Collection of articles based on the results of the XVI International Scientific and Practical Conference, St. Petersburg, 29-30 April 2021. – St. Petersburg: St. Petersburg State Economic University, 2021. – pp. 150-154.
3. Dzhagaryan N.V. System-structural characteristics of municipal representative democracy in Russia // Science and education: economy and economics; entrepreneurship; law and management. – 2020. – No. 9 (124). – pp. 69-73.
4. Podgaynaya A. I. Referendum in the context of the relationship between direct and representative democracy // Jurisprudence in theory and practice: current issues and modern aspects: collection of articles of the International Scientific and Practical Conference, Penza, September 05, 2019. – Penza: “Science and Enlightenment” (IP Gulyaev G.Yu.), 2019. – P. 29-31.
5. Pavlov S. Yu. Local referendum as the main form of democracy: problems and prospects // Issues of Russian and international law. – 2021. – T. 11. No. 9A. – pp. 171-176.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
LEGAL REGULATION OF COPYRIGHT PROTECTION
This article examines the objective need for copyright protection in the era of challenges of the 21st century. The current problems that impede the protection of intellectual property in Russia today are analyzed. Effective methods and methods for solving problems related to copyright protection are covered in detail and proposed. The main tool, which in our opinion is designed to solve the problems of copyright protection as much as possible, should be the insurance mechanism. In addition to insurance, licensing methods and copyright registration are considered.
Keywords: intellectual property insurance, copyrights, copyright holders, insurance companies, underwriting, exclusive rights, insurance products, insurers, policyholders, lawsuits.
Bibliographic list of articles
1. Belousov V.V. “Rights and obligations of the parties under a possible author’s order agreement” // Intellectual property. Copyright and related rights. – 2017. – No. 7. – P. 51-56.
2. Gavrilov E., Gavrilov K. “Order agreements for the creation of copyright works” // Economic Law. – 2013. – No. 3 (434). – pp. 28-45.
3. Epimakhova E. M. “Author’s order agreement under Russian legislation” // Economics, sociology and law. – 2015. – No. 12. – P. 118-121.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
KRUT Anatoliy Alexandrovich
Ph.D. in economical sciences, associate professor of Economics and management sub-faculty of the Institute of the Academy of the FPS of Russia
THE PERSONALITY OF THE HEAD: ISSUES OF THE ORGANIZATION OF PERSONNEL MANAGEMENT
The paper considers the requirements of labor legislation for the personality of the head of an organization (enterprise), the features of the work of labor collectives under the leadership of the specified subject of labor activity, as well as the requirements of modern realities imposed on the individual, taking into account its psychological and pedagogical characteristics, provided for in other normative legal acts. The personality of the head of the labor collective is an ambiguous figure in any organization. The management of a team by a specific person with a certain set of knowledge, skills, organizational abilities, capabilities and other qualitative characteristics can both teach employees to work effectively enough for a long time, and lead to the reorganization of the entire enterprise, up to its liquidation. Modern requirements for the personlity of the head are very extraordinary, and if they are clearly established by the norms of labor legislation, then the requirements of civil society (society) have slightly different conditions. The authors consider the qualitative and legal characteristics of the personality of the head, as well as the styles of possible management and organization of the activities of the labor collective.
Keywords: norms of labor legislation, requirements for the personality of the head, professional training, labor reserves, the activities of the labor collective.
Bibliographic list of articles
1. Labor Code of the Russian Federation: Federal Law of December 30, 2001 No. 197-FZ. Art. 273 “General provisions” // ATP “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/c9b156bbb611c8834438bc1e11bfad5531f0242c (date of access: 10.10.2023).
2. Ananyeva E. O. Krut A. A. Coaching in personnel management of an organization // Eurasian Legal Journal. – 2022. – No. 12 (175). – pp. 217-219.
3. 10 qualities of an effective leader // Contour. [Electronic resource]. – Access mode: https://kontur.ru/articles/298 (date of access: 10.10.2023).
4. Sventsitsky A.L. Social psychology of management. – L.: Leningrad State University Publishing House, 1986. – 216 p.
5. Manager’s management styles // File archive of students. [Electronic resource]. – Access mode: https://studfile.net/preview/3167168/page:4 (access date: 10.10.2023).
CIVIL LAW
BATANOV Anton Alexandrovich
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
ON THE ISSUE OF PRE-CONTRACTUAL AGREEMENTS QUALIFICATION IN COMMON LAW COUNTRIES
Preliminary agreements are used in practice at the pre-contractual or negotiation stage of concluding a contract. Pre-contractual agreements, as a rule, are temporary and involve the conclusion of the main contract in the future. At the same time, such agreements may include both general declarative terms of negotiations, and represent a full-fledged agreement resembling the main contract. The dual legal nature of pre-contractual agreements raises many issues of their practical application. Depending on the completeness of the content and intentions of the parties, such preliminary agreements may be qualified as a full-fledged contract binding on the parties. In this case, for violation of the terms of the preliminary agreement, the guilty party may be held liable in the form of compensation for the damage caused to the injured party.
Keywords: pre-contractual agreements, preliminary agreements, the principle of good faith, pre-contractual liability, damages.
Bibliographic list of articles
1. Ben-Shahar, O. (2004). Contracts without Consent: Exploring a New Basis for Contractual Liability // University of Pennsylvania Law Review. No. 152 (6). P. 1829-1872. [Electronic resource]. – Access mode: https://doi.org/10.2307/3313070 (Date of access: 04/10/2023)
2. Burwell, Robert E. (2013). When a Non-binding Term Sheet Becomes Binding. The National Law Review. [Electronic resource]. – Access mode: https://www.natlawreview.com/article/when-non-binding-term-sheet-becomes-binding (Date of access: 04/07/2023).
3. Chitty on Contracts. Vol. 1. General Principles. 32nd ed. London, 2017. § 2-001.
4. Choi, A. H.; Triantis, G. (2020). Designing and Enforcing Preliminary Agreements // Texas Law Review. [s. l.]. V. 98. No. 3. P. 439-488. [Electronic resource]. Access mode: https://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=141947484&site=ehost-live (Date of access: 04/13/2023).
5. Farnsworth, E. A. (1987). Precontractual Liability and Preliminary Agreements: Fair Dealing and Failed Negotiations // Columbia Law Review. No. 87 (2). P. 217-294. [Electronic resource]. – Access mode: https://doi.org/10.2307/1122561 (Access date: 04/05/2023).
6. Ferrer, Paul. (2015). CONTRACTS: Agreements to Negotiate Distinguished from Agreements to Agree // The Law letter. Vol 40. No. 11. [Electronic resource]. – Access mode: https://www.nlrg.com/legal-content/the-lawletter/agreements-to-negotiate-distinguished-from-agreements-to-agree (Date of access: 04/05/2023).
7. Lee, J. (2013). Agreements to negotiate in good faith: HSBC Institutional Trust Services (Singapore) Ltd v. Toshin Development Singapore Pte Ltd. // Singapore Journal of Legal Studies, 212-222. [Electronic resource]. – Access mode: http://www.jstor.org/stable/24872187. (Date of access: 04/14/2023).
8. Schwartz, A.; Scott, R. E. (2007). Precontractual Liability and Preliminary Agreements // Harvard Law Review. [s. l.]. V.120.n. 3. P. 662-707. [Electronic resource]. – Access mode: https://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=23857506&site=ehost-live (Date of access: 04/13/2023).
9. Tarrant, John. (2023). Preliminary agreements. In: University of New England Law Journal. Vol. 3.No. 2.Pp. 151-186. [Electronic resource]. – Access mode: https://www.academia.edu/1458551/Preliminary_Agreements (Date of access: 04/01/2023).
10. Trakman, L. E., & Sharma, K. (2014). The binding force of agreements to negotiate in good faith // The Cambridge Law Journal. No. 73 (3). 598-628. http://www.jstor.org/stable/24693911, [Electronic resource]. – Access mode: http://www.jstor.org/stable/24693911. (Date of access: 04/13/2023).
CIVIL LAW
BEGICHEV Alexander Valerjevich
Ph.D. in Law, professor of Notary sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL), professor 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
ZAIPULLAYEVA Tamara Ruslanovna
postgraduate student of Advocacy sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GRONIC Irina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Patrice Lumumba Russian Peoples’ Friendship University
A SYSTEM OF BODIES AND AUTHORIZED PERSONS OF THE NOTARY PUBLIC EXERCISING THE RIGHT TO QUALIFIED LEGAL ASSISTANCE IN THE ERA OF DIGITAL TRANSFORMATION
The article examines the content of the system of bodies and authorized persons of the notary office that provide qualified legal assistance to citizens. The key directions of development of this system are analyzed in accordance with the tasks of the Russian notary in the era of digital transformation. The main tasks of bodies and officials performing notarial acts are revealed.
Keywords: notary office, system of notary bodies, qualified legal assistance, notarial actions, extrajudicial (notarial) form of protection of civil rights, digital transformation, jurisdiction.
Bibliographic list of articles
1. Begichev A.V. Notariat in the 21st century: traditions and digital technologies. – M.: Prospekt, 2023.
2. Begichev A. V. Extrajudicial (notarial) form of protection of civil rights and information technologies // Legaltech: scientific solutions for professional legal activity: Collection of reports of the IX Moscow Legal Forum: at 4 hours. XXI International Scientific and Practical Conference, Moscow, 14 –April 16, 2022. Volume Part 3. – Moscow: Publishing Center of the University named after O. E. Kutafin (MSAL), 2022. – P. 403–405.
3. Begichev A.V. Implementation of the human rights function of the notary in the judicial process // Scientific opinion, 2015. – No. 3. – P. 36.
4. Noskov Yu. G. On the issue of the content of the concept of “judicial system” // Russian judge. – 2019. – No. 3. – P. 34-38.
5. Petykhov N. A., Mamykin A. S. Law enforcement and judicial authorities of Russia: textbook. – Moscow: Russian State University of Justice, 2015.
6. Rusakova E. P., Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – P. 191-198.
7. Cheremnykh G. G., Bochkovenko V. A. On further improvement of legislation on notaries and notarial activities // Notarial Bulletin. – 2023. – No. 2. – P. 35-46. – DOI 10.53578/1819-6624_2023_2_35.
8. Yaroshenko T.V. Competence of notaries: some problematic issues / T.V. Yaroshenko // Notary. – 2020. – No. 8. – P. 13-16. – DOI 10.18572/1813-1204-2020-8-13-16.
9. Yaroshenko T.V. The place and role of the notary in the system of separation of powers: issues of interaction // Notary. – 2020. – No. 5. – P. 14-17. – DOI 10.18572/1813-1204-2020-5-14-17.
CIVIL LAW
BERMAN Alisa Mikhaylovna
senior lecturer of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ERSHOV Nikita Alexeevich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
INHERITANCE OF DIGITAL ASSETS AND DIGITAL RIGHTS IN RUSSIA AND ABROAD: COMPARATIVE LEGAL ANALYSIS
The article analyzes legal peculiarities of inheritance of digital assets and digital rights in Russia and abroad on the example of the USA, Germany, Spain and France. The authors analyze legal norms and law enforcement practices in the field of inheritance of digital assets, such as cryptocurrencies, social media accounts and personal data of the deceased. The article reveals the peculiarities of inheritance of digital assets and digital rights, and also raises issues complicating the inheritance of such assets. In particular, aspects related to the security and protection of personal data and constitutional rights to secrecy of communication are analyzed by the authors. As a result of the study, the authors suggest possible ways to reform domestic legislation on inheritance of digital assets and digital rights, taking into account the experience of foreign countries.
Keywords: digital assets, digital rights, digital inheritance, inheritance, online accounts, cryptocurrency, personal data, Russia, USA, Germany, Spain, France.
Bibliographic list of articles
1. Vavilin E. V. Inheritance of digital rights in Russia // Collection of scientific papers based on the results of the All-Russian scientific and practical conference with international participation “Human rights and legal policy in the 21st century: prospects and challenges.” – Saratov, 2022.
2. Skrabets E. V. Experience of legal regulation of inheritance of digital assets in European countries // Modern Science. – 2021. – No. 7.
3. Frolova E. E., Ermakova E. P., Protopopova O. V. Consumer Protection of Digital Financial Services in Russia and Abroad // Advances in Intelligent Systems and Computing. – 2020. – Vol. 1100.
4. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital Rights as a New Object of Civil Rights: Issues of Substantive and Procedural Law // Advances in Intelligent Systems and Computing. – 2020. – Vol. 1100.
CIVIL LAW
GRONIC Irina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Patrice Lumumba Russian Peoples’ Friendship University
PRIORITIES OF LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS IN THE REPUBLIC OF KOREA
The current areas of legal regulation of relations related to digital financial assets in the Republic of Korea, issues of effective protection of the rights of consumers of digital financial services and issues of legal regulation of unfair transaction activities in the virtual assets market are explored.
Keywords: transformation, digitalization, state jurisdiction, digital rights, digital financial assets, virtual assets, blockchain technologies.
Bibliographic list of articles
1. 2023 BWB 09.11.2023. – [Electronic resource]. – Access mode: https://www.etoday.co.kr/news/view/2300774?trc=view_joinnews (access date: 11/11/2023).
2. BWB 2023 – [Electronic resource]. – Access mode: https://www.etoday.co.kr/news/view/2300848?trc=view_joinnews (access date: 11/12/2023).
3. BWB 2023. 이용자 보호법 만 으로 자산 다루기 어려워 어려워 어려워 사업 사업 범위 시행령 마련 필요 09.11.2023. – [Electronic resource]. – Access mode: https://www.etoday.co.kr/news/view/2301216 (date of access: 11.11.2023).
4. Charles Thuo. Crypto regulations in South Korea: guidelines for security, compliance, and transparency. October 28, 2023. – [Electronic resource]. – Access mode: https://www.cryptopolitan.com/crypto-regulations-in-south-korea/?ysclid=lotvqk4s22919906259 (date of access: 11.11.2023).
5. Government to Ensure Virtual Asset User Protection, Transaction Transparency and Market Discipline. 07/30/2023 – [Electronic resource]. – Access mode: Press Releases – Financial Services Commission (fsc.go.kr) (access date: 11/13/2023).
6. Frolova E. E., Ermakova E. P., Protopopova O. V. Consumer Protection of Digital Financial Services in Russia and Abroad. In: Popkova, E., Sergi, B. (eds) Artificial Intelligence: Anthropogenic Nature vs. Social Origin. ISC Conference – Volgograd 2020. Advances in Intelligent Systems and Computing, vol 1100. Springer, Cham, 2020. – Pp. 76–87https://doi.org/10.1007/978-3-030-39319-9_8.
7. Gronic I. A. Electronic Evidence in the Civil Proceedings: The Experience of the Republic of Korea. In: Popkova, E.G. (eds) Sustainable Development Risks and Risk Management. Advances in Science, Technology & Innovation. – Springer, Cham, 2023. – Рp. 137-140. – [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-031-34256-1_24.
8. Ermakova E. P. Blockchain, metaverses and NFT in civil procedure and arbitration in Russia, China and USA // RUDN Journal of Law. – 2023. – Vol. 27. – No. 1. – P. 148-165. https://doi.org/10.22363/2313-2337-2023-27-1-148-165.
9. MiCA: EU law that every blockchain project should know about. Digital & Analogue Partners. May 17, 2023 – [Electronicth resource]. – Access mode: https://vc.ru/u/1756090-d-a-partners/686424-mica-zakon-es-o-kotorom-dolzhen-znat-kazhdyy-blokcheyn-proekt?ysclid=louhbveb73223866055.
10. Resolution of the Supreme Court 2019Do9756 en Banc dated February 20, 2020 – [Electronic resource]. – Access mode: https://www.scourt.go.kr/supreme/news/NewsViewAction2.work?gcurrentPage=&searchWord=&searchOption=000100&gubun=4&type=5&seqnum=8130 (date of access : 11/11/2023).
11. Supreme Court Resolution 2021 Do9855 dated November 11, 2021 – [Electronic resource]. – Access mode: https://www.scourt.go.kr/supreme/news/NewsViewAction2.work?gcurrentPage=&searchWord=&searchOption=000100&gubun=4&type=5&seqnum=8130 (date of access : 11/11/2023).
12. Decision of the Supreme Court of the Republic of Korea. – [Electronic resource]. – Access mode: https://www.scourt.go.kr/sjudge/1639993513876_184513.pdf 이체한 사건 2021.12.16. 선고 중요판결].
13. Official website of the Supreme Court of the Republic of Korea. – [Electronic resource]. – Access mode: https://www.scourt.go.kr/supreme/news/NewsViewAction2.work?gcurrentPage=&searchWord=&searchOption=000100&gubun=4&type=5&seqnum=8130 (date of access : 11/11/2023).
14. Rusakova E. P., Inshakova A. O. Industrial and manufacturing engineering in digital legal proceedings in the Asia-Pacific region: a new level of quality based on data, blockchain and AI // International Journal for Quality Research. – 2021. – Vol. 15. – No. 1. – P. 273-290. DOI 10.24874/IJQR15.01-16.
CIVIL LAW
GAYMALEEVA Aysylu Tagirovna
Ph.D. in Law, Dean of the Faculty of Law of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan; associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
THE RATIO OF THE GROUNDS FOR INVALIDITY OF SUSPICIOUS TRANSACTIONS OF THE DEBTOR WITH TRANSACTIONS WITH UNEQUAL COUNTER-EXECUTION IN THE BANKRUPTCY PROCEDURE
The article considers the grounds for invalidity of suspicious transactions of the debtor as a whole and compares them with the grounds for invalidity of transactions with unequal counter-execution in bankruptcy proceedings. The article examines the fixed in legislation, judicial practice and doctrine for the recognition of these transactions as invalid and their criteria, provides opinions reflecting the various points of grounds of view of civilists on this issue, as well as the positions of the highest court. The purpose of this work was to study and compare these grounds in their totality, which allowed the author to expand the list of grounds to be established by the court when challenging unequal transactions in bankruptcy proceedings.
Keywords: invalidity, suspicion, transaction, disparity, debtor.
Bibliographic list of articles
1. Bartsits I. N., Bykov V. P., Chernikova E. V., Markelova I. V. Features of challenging transactions of legal entities on special grounds established by bankruptcy legislation // Modern law. 2020. No. 11. P. 105-113.
2. Zaitsev O. R. Challenging transactions in bankruptcy: on some novelties of Law No. 73-FZ // Insolvency (bankruptcy): Scientific and practical commentary on the novelties of legislation and the practice of its application / Ed. V.V. Vitryansky. M., 2012. P. 90.
3. Insolvency (bankruptcy): training course. In 2 vols. Ed. Doctor of Law, Prof. Karelina S. A. T.2. M.: Statute, 2019. 848 pp.
4. Insolvency (bankruptcy): Scientific and practical commentary on the novelties of legislation and the practice of its application / Ed. V.V. Vitryansky. M., 2010. P. 95.
5. Sklovsky K.I. The transaction and its action (3rd edition). Commentary on Chapter 9 of the Civil Code of the Russian Federation (concept, types and form of transactions. Invalidity of transactions) // SPS ConsultantPlus. 2015.
6. Suvorov E. D. Bankruptcy in the practice of the new Supreme Court of the Russian Federation for the first year of work (2014-2015): acts and comments. M.: Statute, 2016. 368 p.
7. Telyukina M.V. System of suspicious transactions during bankruptcy of a debtor in Russia and Kazakhstan // Civil law. 2014. No. 6. P. 35.
8. Shishmareva T. P. Invalidity of transactions and actions in insolvency procedures in Russia and Germany. M.: Statute, 2018. 239 p.
CIVIL LAW
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
IRININA Yana Olegovna
student of Samara State University of Economics
KURILKINA Margarita Sergeevna
student of Samara StateUniversity of Economics
LEGAL BUSINESS IN RUSSIA: PROBLEMS AND PROSPECTS OF DEVELOPMENT
This article provides a theoretical and legal analysis of the topic of the functioning of legal business in Russia, identifies problematic issues and promising ways to improve the system of its implementation. The authors study the institute of legal business through the prism of identifying advantages and disadvantages, and are also based on the need to consider it from different sides, focusing on the development of the infrastructure of Russia, based on a variety of business implementation strategies.
Keywords: legal business, legal entity, jurisprudence, entrepreneurship, business implementation strategies, infrastructure of Russia.
Bibliographic list of articles
1. Unwise Svetlana Valerievna Business assessment: concept, content, approaches // Eurasian Advocacy. – 2016. – No. 3 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otsenka-biznesa-ponyatie-soderzhanie-podhody (date of access: 09/03/2023).
2. Abrams R. Business plan for 100%. Strategy and tactics of effective business. – M.: Alpina Publisher, 2019. – 486 p.
3. Zharikov V.D., Zharikov V.V., Bezpalov V.V. Fundamentals of business planning in an organization (for bachelors). – M.: KnoRus, 2017. – 62 p.
4. Trunov I. L. Problems of legal business in Russia // Man: crime and punishment. – 2009. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-yuridicheskogo-biznesa-v-rossii (date of access: 09/03/2023).
5. Legal business in Russia and global trends. [Electronic resource]. – Access mode: https://abkazakov.ru/comments/yuridicheskij-biznes-v-rossii-i-globalnye-trendy/ (access date: 09/03/2023).
CIVIL LAW
KOVALEVSKAYA Polina Alexandrovna
student of the Faculty of Psychology and Law of the Vologda Institute of Law and Economics of the FPS of Russia
MOLODOVA Kseniya Andreevna
lecturer of Civil law disciplines sub-faculty of the Faculty of Law of the Vologda Institute of Law and Economics of the FPS of Russia
CURRENT ISSUES OF EMPLOYMENT OF PERSONS WHO HAVE SERVED A SENTENCE OF IMPRISONMENT
This article explores the problematic issues of employment of persons released from institutions executing a sentence of imprisonment, reveals their essence and discusses ways to resolve them. Currently, persons released from prison are experiencing difficulties in finding a job, including due to the presence of prejudices among employers. The paper suggests ways to solve the identified problems.
Keywords: employment of persons who have served a sentence of imprisonment, rehabilitation of convicts, resocialization of convicts.
Bibliographic list of articles
1. Reviews on the activities of courts // Judicial Department of the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/?id=80 (date of access: 10/20/2022).
2. Register of centers for social adaptation of citizens // GUFSIN of Russia for the Nizhny Novgorod region. – [Electronic resource]. – Access mode: https://52.fsin.gov.ru/upload/territory/Yaroslavl/reestr-tsentrov-sotsialnoy-adaptatsii-grazhdan/ (access date: 10/25/2023).
3. Register of centers for social adaptation of citizens // Federal Penitentiary Service of Russia in the Arkhangelsk Region. – [Electronic resource]. – Access mode: https://29.fsin.gov.ru/reestr-tsentrov-sotsialnoy-adaptatsii-grazhdan.php?month=4&year=2022 (access date: 10/25/2023).
4. Register of centers for social adaptation of citizens // Federal Penitentiary Service of Russia for the Vologda Region. – [Electronic resource]. – Access mode: https://35.fsin.gov.ru/reestr-tsentr-adaptatsii.php?month=2&year=2018 (date of access: 10.25.2023).
5. State of crime in Russia for January-December 2020. // Statistical collection of the Federal State Institution “GIAC” of the Ministry of Internal Affairs of Russia. – M., 2021.
6. Statistical information of the Federal Penitentiary Service of Russia. – [Electronic resource]. – Access mode: http://fsin.su/structure/inspector/iao/statistika/Xar-ka%20lic%20sodergahixsya%20v%20IK/ (date of access: 10/25/2023).
7. Golovina V.V. Problems faced by persons who have served a sentence of long-term imprisonment after release from correctional institutions // Bulletin of Science. – 2023. – No. 10 (67). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-s-kotorymi-stalkivayutsya-litsa-otbyvshie-nakazanie-v-vide-dlitelnogo-lisheniya-svobody-posle-osvobozhdeniya-iz (date of access: 25.10 .2023).
8. Golodov P.V. Probation in the Russian Federation: some problems of content and legal regulation // Penitentiary science. – 2022. – No. 2 (58). – [Electronic resourcers]. – Access mode: https://cyberleninka.ru/article/n/probatsiya-v-rossiyskoy-federatsii-nekotorye-problemy-soderzhaniya-i-pravovoy-reglamentatsii (date of access: 10.25.2023).
9. Kirsa A. S. Problems of employment of citizens released from institutions serving imprisonment // Young scientist. – 2021. – No. 42 (384). – pp. 90-93. – [Electronic resource]. – Access mode: https://moluch.ru/archive/384/84589/ (date of access: 10/23/2023).
10. Nekrasov A.P. How to find employment for former convicts released from prison? // Criminal executive law. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kak-trudoustroitsya-byvshim-osuzhdennym-osvobodivshimsya-iz-mest-lisheniya-svobody (date of access: 10/23/2023).
11. Senatorova M. A. Problems of employment of citizens released from institutions serving imprisonment // Priority scientific directions: from theory to practice. – 2015. – No. 16.
CIVIL LAW
KOLESNIKOVA Marianna Mikhaylovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
MAKSIMOVA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Socio-economic disciplines and service sub-faculty of the St. Petersburg University of Civil Aviation
MISHINA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the St. Petersburg branch of the V. B. Bobkov Russian Customs Academy
SACHENKO Alexey Leonidovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
LEGAL LIMITS AND CONSEQUENCES EXCEPTIONS OF THE AUTHOR WHEN COOPERATING A PATENT
The presented study reveals certain aspects of the problem of the legal definition of joint ownership of an exclusive right, as well as the specifics of the legal consequences associated with the exclusion of the author when co-authoring a patent. In the process of analyzing the selected scientific issues, the authors admit that at the moment the legal regime of joint ownership of an exclusive right is ambiguous and is not clearly regulated by law. At the same time, they substantiate the conclusion about the need to eliminate the “fuzzy” limits and consequences of renunciation of the right of authorship to patented objects, due to the fact that certainty, consistency and clarity of the legal regime of joint ownership of an exclusive right is the key to the stability of civil circulation.
Keywords: intellectual rights, result of intellectual activity, patented object, co-authorship, exclusive rights, patent, copyright.
Bibliographic list of articles
1. Civil Code of the Russian Federation, part four of December 18, 2006 No. 230-FZ (as amended on June 13, 2023) // Collection of legislation of the Russian Federation. – 2006. No. 52 (1 part). – St. 5496.
2. Martyanova E. Yu. Civil regulation of exclusive copyright owned by several persons: dis. …cand. legal Sciences: 12.00.03. – Perm, 2019. – P. 4.
3. Krupko S.I. Legal regime of joint possession of the exclusive right to an invention: current problems in the light of the application of Part 4 of the Civil Code of the Russian Federation // Issues of property policy. – 2018. – No. 12 (207). – P. 31.
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 7.
5. Order of Rospatent dated December 27, 2018 No. 236 “On approval of the Guidelines for the implementation of administrative procedures and actions within the framework of the provision of public services for state registration of an invention and the issuance of a patent for an invention, its duplicate.” – [Electronic resource]. – Access mode: https://www.consultant.ru_doc_LAW_316428 (date of access: 10/19/2023).
6. Order of the Ministry of Economic Development of the Russian Federation dated November 3, 2015 No. 811 “On approval of the administrative regulations for the provision by the Federal Service for Intellectual Property of public services for amending the state registers of inventions, utility models, industrial designs of the Russian Federation, as well as patents for invention, utility model, industrial design.” – [Electronic resource]. – Access mode: https://www1.fips.ru (date of access: 10/19/2023).
CIVIL LAW
KRYLOVA Ekaterina Vladimirovna
senior lecturer of Civil law sub-faculty of the Saratov State Law Academy
ABOUT THE PLACE OF GEOGRAPHICAL INDICATION IN THE SYSTEM OF OBJECTS OF INTELLECTUAL PROPERTY RIGHTS
The article discusses the features of geographical indication as an object of intellectual property, the advantages of its use as a “regional brand”. The analysis of the provisions of international treaties, the legislation of foreign countries, the current national legislation on geographical indications, as well as the positions of specialists in this field are analyzed. The comparison of this means of individualization with the name of the place of origin of goods is carried out. The expected development prospects for the region from the use of geographical indication are described.
Keywords: geographical indication; objects of intellectual property rights, means of individualization; regional brand; name of the place of origin of goods.
Bibliographic list of articles
1. Sinishova N.V. Geographical indication as a tool for promoting regional brands // Intellectual property in the modern world: challenges of time and development prospects: II International. scientific-practical conf. (Minsk, October 20, 2022). In 2 hours / Ed. V. A. Ryabovolova. Minsk: National Library of Belarus, 2022. P. 157.
2. Yarygin N. O. How to distinguish between geographical indications and appellations of origin of goods // Legal Science. 2020. No. 10. P. 50.
3. Saltykov M. A. Legal protection of geographical indications within the framework of paragraph 1 of Article 1516 of the Civil Code of the Russian Federation // Patents and licenses. Intellectual rights. 2016. No. 7. P. 18.
4. Rabetz A.P. On some aspects of the legal protection of geographical indications as new objects of intellectual rights // Asia-Pacific region: economics, politics, law. 2019. No. 2. P. 145.
5. Stepanova A. V., Kotelnikov N. V., Lidzheeva K. V. Intellectual rights: issues of law enforcement. Elista: NPP “Dzhangar”, 2007. pp. 46-47.
6. Gavrilov E. On the means of individualization in civil law // Economy and Law. 2016. No. 10. P. 87.
CIVIL LAW
MIGACHEVA Anna Yurjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Kuban State University, Krasnodar
THE RIGHT TO A COMFORTABLE URBAN ENVIRONMENT: SOME ASPECTS OF UNDERSTANDING AND LEGAL REGULATION
Creating a comfortable and safe urban environment is one of the priority tasks of the state. In the article, this right is revealed through the prism of its social nature. The author demonstrates the existence of a solid international legal basis for the implementation of this right and states that urban processes are closely related to property relations, urban planning, environmental safety should correspond to the rules and boundaries established by sectoral legislation, including civil.
Keywords: the right to the city, the right to a comfortable urban environment, the right of ownership, the principle of social orientation.
Bibliographic list of articles
1. Kirillina N.V. Right to the city: representation and reproduction of data in the urban information environment // Communicology. – 2018. – Volume 6. No. 2. – P. 116.
2. Kochukhova E. S., Martyanov V. S. Creative city or the right to the city: alternatives to urban development in the Russian context // Antinomies. – 2019. – T. 19. Issue. 2. – P. 53.
3. Krasnova I. O. The right to a favorable environment as constitutional and environmental law // Current problems of Russian law. – 2019. – No. 8. – P. 175.
4. Medvedev I. R. Resolution of urban conflicts: monograph. – M.: Infotropik Media, 2017.
5. Lefebvre H. Le Droit à la ville. 2nd edn. – Paris, 1968.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
SIZYH Darya Vladimirovna
Limited Liability Company “Center-Services”, legal adviser, Krasnoyarsk
PROBLEMS OF THE CONTENT AND ESSENTIAL CONDITIONS OF THE CONTRACT FOR THE CARRIAGE OF GOODS BY RAIL
The article discusses the specific features of rail freight transportation, differentiates the concepts of the contract of carriage, expedition, paid services, contract on the organization of transportation. Disclosure of the legal essence of the contract of carriage will allow to identify a number of features of this type of contract, as well as to study various approaches to the analysis of such features. On the basis of court decisions, the question of the essential terms of the contract for the carriage of goods by rail is open. Studying the specifics of contractual relations in terms of cargo transportation by rail is an important step towards successful transportation and minimizing risks.
Keywords: railway transport, cargo transportation, shipper, consignee, contract, railway transportation, cargo transportation, essential conditions, transport expedition, service contract.
Bibliographic list of articles
1. Allakhverdov M. A., Savichev G. P. Agreements on the transportation of goods. – Moscow: Publishing house. Legal lit., 1967. – P. 104.
2. Boyarkina E. V. Responsibility of the parties under a contract for the carriage of goods by rail // Young scientist. – 2019. – No. 27 (265). – pp. 173-175.
3. Dovgopolov A. A. Contract for the carriage of goods by rail under Russian law: dissertation … Ph.D. – Moscow, 2006.
4. Sadikov O. N. Civil law of Russia. General part: Course of lectures. – M.: Yurist, 2015. – P. 124.
CIVIL LAW
YASTREBOV Oleg Alexandrovich
Ph.D. in Law, Ph.D. in economical sciences, professor, rector of the Patrice Lumumba Peoples’ Friendship University of Russia
DAUTIYA Tatyana Vasiljevna
Ph.D. in Law, Assistant Judge of the First Court of Appeal of General Jurisdiction
ASPECTS OF THE AUTHOR’S RIGHTS TO REMUNERATION FOR THE USE OF HIS MUSICAL WORK
The article analyzes the peculiarities of enforcement of the provisions of Part 3 of Section 1263 of the Civil Code of the Russian Federation, which provides for the right of the author of a musical work, used as part of audiovisual work in public performance , broadcasting or cable (including by retransmission), to receive remuneration for the specified uses of their musical work.
A literal interpretation of this provision suggests that the right to remuneration in the cases stipulated by part 3 of section 1263 of the Russian Federation Civil Code is not conditioned by the ownership of the exclusive rights to the corresponding musical work by this author at the moment of public performance of the audiovisual work, into which the musical work was included.
The analysis of law enforcement practice conducted by the authors showed that the legal isolation of the provisions on the right to remuneration of the composer of a musical work, included in audiovisual work, for each case of public performance of such audiovisual work, leads to ambiguity in their interpretation.
The authors point out that there are two approaches to determining the competence of the author of a musical work to receive remuneration under part 3 of section 1262 of the Civil Code of the Russian Federation.
The first way is the recognition of the author of a musical work (with or without text), which was used in an audiovisual work, in public performance or broadcasting or on cable, the right to remuneration by virtue of authorship itself, that is the right to remuneration under Part 3 section 1263 of the Civil Code is not conditioned by ownership of exclusive rights to an audiovisual work by such author and is not waived by alienation of the exclusive rights to a musical work. The right to the musical work is not waived by the alienation of the exclusive rights to the musical work to a third party.
The second way, on the contrary, is the transfer of the rights to remuneration on the basis, established in part 3 of section 1263 of the Civil Code of the Russian Federation, to the persons who acquired exclusive rights to a musical work from the author -without being its authors they became the exclusive right holders.
The authors justify their position that the second way seems acquitted, conditioning the right of the author of a musical work, included in the audiovisual work, to receive remuneration by the ownership of the right to this work at the time of use of the complex work .
The Elimination of uncertainty in the issue of conservation of rights of the author of a musical work included in an audiovisual work is necessary to determine the range of persons to protect their rights in case of unlicensed use of an audiovisual work as a complex or derivative work .
The issue of conserving the right of the composer of a musical work to receive remuneration upon public performance of an audiovisual work, which incorporates the musical work, is also relevant for determining the competence of organizations for the management of copyright and related rights to musical works on a collective basis to apply to court to demand payment of the corresponding remuneration and to determine the essential circumstances to be established by the court when considering claims (whether it is required to establish the owner of the exclusive right to a musical work).
The authors justify the position that the remuneration specified in paragraph 3 of Section 1263 of the Civil Code should follow the fate of the exclusive right to a musical work, so that legislative consolidation of the special rule defining a “guaranteed” remuneration to the author for each public performance of audiovisual work, which includes his musical work, loses relevance when establishing the possibility of alienating the right to a musical work to a third party at the author’s discretion.
Keywords:author, composer, musical work, audiovisual work, remuneration for the use of the work, exclusive right, complex work.
Bibliographic list of articles
1. Civil Code of the Russian Federation (part four) dated December 18, 2006 No. 230-FZ (as amended on December 5, 2022) // Collection of legislation of the Russian Federation. – December 25, 2006. – No. 52 (1 hour). – St. 5496.
1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Rossiyskaya Gazeta. – No. 96. – 05/06/2019.
2. Resolution of the Intellectual Rights Court dated January 21, 2015 in case No. A53-21403/2013. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/3f2a076b-0a24-4196-8a34-c2369913316e/7638ec86-fe4f-4af7-9c18-773807f7d0f4/A53-21403-2013_20150121_Reshenija_ i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/28/2023).
3. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5, Plenum of the Supreme Arbitration Court of the Russian Federation No. 29 of March 26, 2009 “On some issues that arose in connection with the entry into force of part four of the Civil Code of the Russian Federation” (lost force due to the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10) // Russian newspaper. – No. 70. – 04/22/2009.
4. Law of the Russian Federation dated July 9, 1993 No. 5351-1 (as amended on July 20, 2004) “On Copyright and Related Rights” (lost force on January 1, 2008 due to the adoption of Federal Law dated December 18, 2006 N 231-FZ ) // Russian newspaper. – No. 147. – 03.08.1993.
5. Decree of the Government of the Russian Federation of March 21, 1994 No. 218 “On the minimum rates of royalties for certain types of use of works of literature and art” (as amended on June 18, 2012) // Russian News. – No. 56. – 03/30/1994.
6. Federal Law of December 18, 2006 No. 231-FZ (as amended on December 30, 2015) “On the implementation of Part Four of the Civil Code of the Russian Federation” // Collection of Legislation of the Russian Federation. – December 25, 2006. – No. 52 (1 hour). – St. 5497.
7. Decision of the Arbitration Court of the Rostov Region dated 05/07/2014 in case No. A53-21403/13. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/3f2a076b-0a24-4196-8a34-c2369913316e/57b591a5-b18e-4857-85c4-4a4f3e6cb10a/A53-21403-2013_20140507_Reshe nija_i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/29/2023).
8. Decision of the Arbitration Court of the Sverdlovsk Region dated August 17, 2018 in case No. A40-308/2018. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/091a0153-9c48-4cf8-a193-90139f98478e/a893f2ed-7421-4a6d-87c6-7886218501a5/A60-308-2018_20180817_Reshenija_ i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/28/2023).
9. Resolution of the Seventeenth Arbitration Court of Appeal No. 17AP-14811/2018-GK dated 02/28/2019. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/091a0153-9c48-4cf8-a193-90139f98478e/c91dc2a6-d236-417f-978e-7f81e8f586ba/A60-308-2018_20190228_Reshenija_ i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/28/2023).
10. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 07/08/2020 No. 309-ES19-20255. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/091a0153-9c48-4cf8-a193-90139f98478e/0507c65d-0178-4006-bf01-09cded4c2f6f/A60-308-2018_20200708_Opredelenie. pdf?isAddStamp=True ( date of access: 05/28/2023).
11. Decision of the Arbitration Court of the Sverdlovsk Region dated September 26, 2018 in case No. A60-5279/2018. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/78cf44f2-5b24-4483-b979-ad5b78429cec/dca671c3-ef8e-4333-ad2e-284dc4cc4208/A60-5279-2018_20180926_Reshenija_i_posta novlenija.pdf?isAddStamp=True ( date of access: 05/29/2023).
12. Resolution of the Seventeenth Arbitration Court of Appeal No. 17AP-17590/2018-GK dated 02/11/2019. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/78cf44f2-5b24-4483-b979-ad5b78429cec/b660fbb7-49e4-43e8-97a5-6eac9fe1bf6b/A60-5279-2018_20190211_Reshenija_i_post anovlenija.pdf?isAddStamp=True ( date of access: 05/29/2023).
13. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 07/08/2020 No. 309-ES19-20278. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/78cf44f2-5b24-4483-b979-ad5b78429cec/44251426-1376-48c4-8726-fc2918e419d1/A60-5279-2018_20200708_Opredelenie .pdf?isAddStamp=True (date of access: 05/29/2023).
14. Determination of the Constitutional Court of the Russian Federation dated May 16, 2023 No. 1031-O “At the request of the Intellectual Rights Court to verify the constitutionality of paragraph 3 of Article 1263 of the Civil Code of the Russian Federation” // The document was not published. – [Electronic resource]. – Access mode: access from SPS “Consultant Plus” (date of access: 06.22.2023).
CIVIL LAW
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University, Vladivostok
VOLUNTARY MEDICAL INSURANCE: LEGAL ASPECTS OF CONCLUDING A CONTRACT AND ISSUING AN INSURANCE POLICY
The article discusses the main aspects of including a VMI contract and issuing an insurance policy. Attention is also paid to the insurance of foreigners and stateless persons. The legal basis of voluntary medical insurance, which has not been consolidated in a separate regulatory legal act, is considered. The author has worked out a kind of legal instruction for those who are thinking of including a voluntary medical insurance contract. We believe that the development of this topic will expand the range of these legal relations, increase the demand for the conclusion of this insurance contract.
Keywords: voluntary medical insurance, policy, insurer, policyholder, insurance contract.
Bibliographic list of articles
1. Arsentiev E.V. Development of voluntary medical insurance in the Russian Federation // Kazan Med. and. – 2019. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-dobrovolnogo-meditsinskogo-strahovaniya-v-rossiyskoy-federatsii (date of access: 09/25/2023).
2. Klimin V. G. Economic determinism of voluntary medical insurance // Journal of new economy. – 2009. – No. 1 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekonomicheskaya-determinirovannost-dobrovolnogo-meditsinskogo-strahovaniya (date of access: 09/29/2023).
CIVIL PROCEDURE
SIKACH Artem Sergeevich
student bachelor of the 4th course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
NAYDENOV Kirill Dmitrievich
student bachelor of the 3rd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PROVATKINA Valeriya Evgenjevna
student bachelor of the 3rd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ON THE QUESTION OF THE EXPEDIENCY OF INCLUDING JURORS IN CERTAIN CATEGORIES OF CIVIL CASES IN THE RUSSIAN FEDERATION
This paper discusses the idea of legislating the possibility of jurors to take part in the administration of justice in civil cases. In this work, the authors advocate the introduction of the institution of jurors in civil proceedings. The authors advocate the inclusion in the CPC of the Russian Federation and other legislative acts of the Russian Federation of provisions on the participation of jurors in civil cases with certain reservations. The article contains an analysis of the provisions of domestic legislation regulating the consideration of cases involving jurors, a comparative legal analysis of the institution of jury trial (in particular, the issues of functioning of this institution in the countries of the Anglo-Saxon legal system will be considered), and also includes a list of categories of civil cases in which the introduction of a jury trial is unacceptable or impractical for the reason of the nature and features of a number of disputes (for example, family, labor, housing, office cases, etc.).
Keywords: Jurors, Russia, USA, UK, Anglo-Saxon legal family, civil procedure, criminal procedure, jurisdiction, questionnaire.
Bibliographic list of articles
1. Khatuaeva V.V., Avdeev M.A. Trial by jury: a textbook for universities. – Moscow: Yurayt Publishing House, 2023. – 181 p. – (Higher education). — ISBN 978-5-534-07967-8. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/516761 (date of access: 10/31/2023).
2. Reznik G.M. [et al.] Criminal procedural law of the Russian Federation. Special part: textbook for universities / Executive editor G. M. Reznik. — 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 526 p. – (Higher education). — ISBN 978-5-534-16632-3. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/531403 (dateand appeal: 10/11/2023).
3. Mikhailov A. M. Comparative law: judicial power in the legal system of England: a textbook for universities. — 2nd ed. – Moscow: Yurayt Publishing House, 2023. – 340 p. – (Higher education). — ISBN 978-5-534-16917-1. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/532018 (date of access: 10/31/2023).
4. Lebedev M. Yu. [et al.] Civil process: textbook and workshop for universities / Edited by M. Yu. Lebedev. — 8th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 423 p. – (Higher education). — ISBN 978-5-534-17972-9. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/534072 (date of access: 10/31/2023).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
TKACHENKO Slavyana Dmitrievna
bachelor’s student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
PROBLEMS OF LEGAL REGULATION OF THE MARRIAGE CONTRACT
The marriage contract is a relatively new institution of family law introduced into the Russian legal system after the “collapse” of the USSR. To date, it has not been widely distributed, which may be due to various reasons, including existing problems in legal regulation. Within the framework of the study, the problems of legal regulation of the marriage contract in Russia, as well as judicial practice and directions of development in this area will be considered.
Keywords: marriage contract, property of spouses, jointly acquired property, property rights of spouses, judicial practice.
Bibliographic list of articles
1. Kudryavtseva L.V., Kuemzhieva S.A., Maslennikova L.V. Current problems of family law: textbook. allowance. – Krasnodar: KubSAU. – 2020. – 104 p.
2. Kudryavtseva L.V., Shevchenko V.S. Legal regulation of the marriage contract in international private law // Scientific support of the agro-industrial complex. Collection of articles based on the materials of the 75th scientific conference of students based on the results of research work for 2019. – 2020. – pp. 1448-1450.
3. Kunitskaya V.I., Kostina S.E. Some problems of legal regulation of the marriage contract in Russia // Young scientist. – 2022. – No. 12. – P. 162-164.
4. Ryashkovskaya Ya. I. The problem of maintaining a marriage contract. regulation of non-property relations between spouses related to the means and methods of raising children // National Association of Scientists. – 2015. – No. 2-6. – pp. 120-122.
LABOR LAW
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, Irkutsk
KOSTYUCHENKO Mariya Andreevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ABOUT THE POSSIBILITY OF CONDUCTING PSYCHOPHYSIOLOGICAL STUDIES USING A POLYGRAPH IN LABOR RELATIONS
The article analyzes the possibility of conducting psychophysiological studies using a polygraph in labor relations. The authors conclude that psychophysiological research using a polygraph is a legitimate and possible way to assess the business qualities of employees and establish their integrity at any stage of labor relations. This procedure allows you to minimize risk factors and identify the facts of involvement of specific persons in the events of interest.
Keywords: labor relations, employee, employer, psychophysiological research, polygraph.
Bibliographic list of articles
1. Aminev F. G. On the professional ethics of a forensic expert in the Russian Federation // Baikal research journal. – 2019. – T. 7. No. 6. – P. 1-6.
2. Panchenko V. Yu., Pushkina A. V. Self-protection of rights and legitimate interests as an independent legal phenomenon // Academic legal journal. – 2020. – No. 2 (80). – pp. 30-41.
3. Sterkhov A.P. Increasing the security of innovative business through changing the quality of the selection system and personnel management of the company // Izvestia IGEA. – 2014. – No. 4. – P. 1-12.
4. Antonchenko V.V. Interaction of law and morality in the process of their transformation // Academic legal journal. – 2023. – T. 24. No. 1. – P. 5-13.
5. Komissarova Ya. V. Fundamentals of polygraphology: a textbook for masters. – Moscow: ProSpect, 2022. – 192 p.
6. Mashkov S. A., Kostyuchenko M. A. On the issue of employer compliance with legislation on personal data during video recording and psychophysiological polygraph testing of workers // Academic Legal Journal. – 2023. – T. 24. No. 2. – P. 183-192.
LABOR LAW
TOKAREV Alexander Maximovich
student bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
CHANGING CLIMATE AND LABOR RELATIONS: CHALLENGES AND PROTECTION OF WORKERS’ RIGHTS
The article examines the impact of climate change on labor relations and workers’ rights in various sectors of the economy. The author draws attention to the economic and social consequences of climate change, which may lead to loss of jobs, deterioration of working conditions and health of workers. The article suggests possible measures to protect the interests of workers in a changing climate. The aim of the study is to raise public awareness of the importance of protecting workers’ rights and to promote effective measures to improve working conditions and protect workers’ rights.
Keywords: climate change, labor relations, workers’ rights, working conditions, workers’ health, protection of workers’ interests, public awareness, improvement of working conditions, protection of workers’ rights.
Bibliographic list of articles
1. Veredyuk O. V. Impact of climate change on employment // Bulletin of St. Petersburg University. Economy. – 2011. – No. 4.
2. Ricardo S. D. F. The future of employment: assessing the effects of Foresight in the field of science, technology and innovation // Foresight. – 2017. – No. 4.
3. Blagodir A. L. Legal challenges in the sphere of labor // Education and law. – 2022. – No. 7.
FINANCIAL LAW
KAREV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
POLKOVNIKOVA Tatyana Vladimirovna
magister student of the 2nd course of the program “Legal support of budgetary and financial activities and taxation” of the Samara State University of Economics
CLASSIFICATION OF SOURCES OF FINANCIAL LAW: DISCUSSION ISSUES
The article reveals the concept of the source of law and the peculiarities of the expression of the norms of financial law in the modern realities of the Russian Federation. The content of financial law is clarified and its significance from the point of view of the formation and expenditure of public funds is justified. Possible classifications of financial law are disclosed. The inconsistency of judicial acts as a source of financial and legal norms is substantiated. The provisions stipulating the controversial nature of the classification of sources of financial law are clarified.
Keywords: financial and legal norms, regulatory legal acts, judicial acts, form of expression of law, legislative and executive authorities, current legislation.
Bibliographic list of articles
1. Constitution of the Russian Federation: Adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // SPS “Consultant Plus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: November 26, 2023).
2. Bredikhin A. L. Judicial practice as a source of Russian law // Theory and practice of socio-humanitarian sciences. – 2023. – No. 1 (21). – P. 102-106.
3. Eremin S. G. Modern concept of external sources of “soft law” in the system of sources of financial law in Russia // Russian Justice. – 2020. – No. 2. – pp. 14-18.
4. Ignatieva E. G. Sources and forms of financial law: differentiation and identification // Legal and individual regulation of public relations: problems of theory and practice. Materials of the IX All-Russian scientific and practical conference of graduate students, applicants, undergraduates and young scientists. – Moscow, 2021. – pp. 413-417.
5. Pastushenko E. N., Zemtsova L. N. Public law of the financial market as a sub-branch of financial law // Prospects for the development of financial law. Collection of articles based on the materials of the International Scientific and Practical Conference “Prospects for the Development of Financial Law” (“Piskotin Readings – 2022”). – 2022. – pp. 99-105.
6. Popondopulo V. F. Financial law: concept, nature, sources // Financial law. – 2020. – No. 1. – P. 8-14.
7. Fedko V. S. International treaties and agreements in the system of sources of financial law // Jurisprudence, state and law: current issues and modern aspects. Gulyaev G. Yu. collection of articlesaty of the V International Scientific and Practical Conference. – Penza, 2021. – pp. 90-92.
LAND LAW
NUHKADIEV Magomed Ramazanovich
magister student of the 2nd course of the direction “Actual problems of civil law” of the Faculty of Law of the Dagestan State University
FEATURES OF TERMINATION OF OWNERSHIP OF REAL ESTATE IN CONNECTION WITH THE SEIZURE OF A LAND PLOT DUE TO ITS IMPROPER USE
This article will discuss the essence of the problem, the main legal mechanisms for terminating rights to land plots in the event of their improper use, as well as possible consequences for the owners of such plots. Based on the results of consideration of the main issues related to the forced termination of private ownership of land, the article concludes that the mechanism of seizure is sufficiently regulated.
Keywords: seizure of a land plot, inappropriate use of a land plot.
Bibliographic list of articles
1. Land Code of the Russian Federation of October 25, 2001 No. 136-F3 (as amended on January 1, 2019) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http//pravo.gov.ru (date of access: 09/10/2023).
2. Eliseeva I. A. Legal responsibility for damage to land. – Krasnodar, 2020. – 131 pp.
3. Ershov V. A. Everything about land relations: cadastral registration, property rights, purchase and sale, rent, taxes, responsibility. – M.: GrossMedia, ROSBUKH, 2009. – 416 pp.
4. Zhavoronkova N. G. Land law: Textbook / Responsible. ed., Krasnova I. O. – M.: Yurayt, 2019. – 580 pp.
5. Zavyalov A. A., Markravt E. Land relations in the system of local government. – M.: Statute, 2019. – 256 pp.
6. Taskin N.I. Forced termination of ownership of a land plot: dis. …cand. legal Sci. – Ryazan, 2018. – 144 pp.
7. Kulinykh P. Constitutional aspects of ownership of agricultural land // Problems of ownership and management in agriculture / Ed. V. V. Semchik. Institute of State and Law named after. V. M. Koretsky] (2020). – pp. 66-69.
ECOLOGICAL LAW
KODOLOVA Alena Vladimirovna
Ph.D. in Law, senior researcher of the Saint-Petersburg Scientific Research Center for Environmental Safety of the Russian Academy of Sciences
DEVELOPMENT OF LEGISLATION IN THE FIELD OF ENVIRONMENTAL MONITORING IN THE CIS MEMBER STATES
The adoption of legislative acts on the organization and implementation of environmental monitoring can be considered as one of the manifestations of the constitutionally enshrined human right to receive reliable information about the state of the environment: by enshrining in legislation the human right to environmental information, the state undertakes obligations not only to provide it to interested persons, but also to conduct observations of the state and pollution environment, on the formation of state information resources. The analysis of the current legislation of the CIS member States on the implementation of environmental monitoring has shown that regulatory legal acts in the field of environmental monitoring in most CIS states have gaps and contradictions related to the regulation of the relations under consideration by various branches of legislation, the absence of a single regulatory act on the implementation of environmental monitoring.
Keywords: environmental monitoring, CIS member states, environmental monitoring, monitoring of natural resources
Bibliographic list of articles
1. Alekseeva L. L., Bogolyubov S. A., Vasilyeva L. N. et al. Development of Russian legislation in the 1930s. – M.: Limited Liability Company “Scientific Publishing Center INFRA-M”, 2023. – P. 110-119.
2. Borodina O. Monitoring of natural resources as an information basis for accounting and assessment of natural resources // Moscow Legal Journal. – 2016. – No. 3. – P. 69-75.
3. Aiskhanov S.K., Eliphanov M.U., Vakhabova S.A. Environmental monitoring and control of the environment // Industrial Economics. – 2023. – No. 1. – P. 150-153. – DOI 10.47576/2712-7559_2023_1_150. – EDN BKCRRK.
4. Nikitin E. A. Environmental monitoring as a system for ensuring environmental safety // Law and order: history, theory and practice. – 2021. – No. 3 (30). – pp. 22-31.
5. Bogolyubov S. A. Responsibility for environmental monitoring // Law and Economics. – 2007. – No. 9. – P. 4-6. – EDN IBFFGT.
SOCIAL SECURITY LAW
KRYUCHKOVA Kristina Yurjevna
lecturer of Civil law sub-faculty of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
RETROSPECTIVE LEGAL ANALYSIS OF ABLISM AS A FIGHT AGAINST DISCRIMINATION AGAINST THE DISABLED
This article examines the legal and social problems of ablism in society, and also touches on historical aspects on this topic. Today, society is actively fighting discrimination based on gender and race, but there are many other social groups that face no less infringement of rights and freedoms, one of which is a group of people with disabilities. Let’s understand in this study what ablism is, where it comes from and why it is important for each of us to contribute to the fight against it. The aim of the work is to popularize disability studies in educational programs, to highlight the problems of people with disabilities on television, media art, etc., to familiarize modern society with the socio-cultural aspects of disability.
Keywords: discrimination, ablism, discrimination, inclusive world.
Bibliographic list of articles
1 Minzaripov R. G. Socialization of the personality of a young specialist in the humanitarian environment of a classical university (abstract of thesis. … doctoral sociological sciences. – Kazan, 2006. – P. 12-14.
2 General sociology [Text]: textbook. Allowance; under general ed. A. G. Efendieva. – M.: INFRA – M, 2020. – P. 500.
3 Zotov V.V., Lokhanko A.V. Correlation of intellectual and creative potentials in the structure of a holistic personality. – Kursk, 2019. – P. 66.
CRIMINAL LAW
ALIEV Shapi Izievich
Ph.D. in Law, Ph.D. in sociological sciences, associate professor, Director of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ALIEVA Umzakhrat Temirbolatovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculy of the Dagestan State University, branch in Izberbash
CONNECTIONS BETWEEN ORGANIZED CRIME AND TERRORISM
The article draws attention to the fact that when analyzing the criminal activities of organized groups and terrorist groups, a relationship is established between them. Neither the United Nations Convention against Transnational Organized Crime nor other international instruments contain a clear definition of organized crime. This is not only due to a lack of agreement among states and incompatible political viewpoints, but is also the result of a conscious choice by those who entered into the Convention to take into account possible radical changes in the activities of criminal groups. Similar to the area of organized crime, there is no internationally accepted definition of terrorism. The differences, but also similarities, between terrorist organizations and organized crime groups are numerous, and the lines are often blurred. All this causes certain difficulties in international law enforcement practice.
Keywords: organized crime, terrorist act, international organizations, difficulties in law enforcement practice.
Bibliographic list of articles
1. Countering terrorism: Textbook / Compiled by: N. E. Lukyanov, S. V. Pilipushka, V. A. Proshin. – Novosibirsk: NGPU Publishing House, 2020. – 212 p.
2. Materials of the meeting of the National Anti-Terrorism Committee of Russia dated February 14, 2023 [Electronic resource]. – Access mode: http://nac.gov.ru/nak-prinimaet-resheniya/v-moskve-proshlozasedanie-nacionalnogo-31.html (access date: 10/25/2023).
CRIMINAL LAW
BICHENOVA Anna Rolandievna
lecturer of Penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
TYUMENEVA Darya Vladimirovna
cadet of the 3rd course of the Samara Law Institute of the FPS of Russia
PREVENTION AND PREVENTION OF JUVENILE DELINQUENCY
This scientific article is devoted to the analysis of issues of prevention and prevention of juvenile delinquency. Youth crime is a serious problem in modern society, and its prevention at the early stages of development is a priority for law enforcement agencies and social workers. The study is based on a comprehensive approach to the prevention and prevention of juvenile delinquency, which includes an analysis of demographic data, the social and economic status of families, educational opportunities, as well as the role of mass media and mass communication in shaping youth behavior.
Keywords: prevention, prevention, offenses, minors, youth crime, strategies and programs, cooperation, control, supervision, education, employment, risk groups, psychological support, social support, systematic approach, social protection, positive values.
Bibliographic list of articles
1. Kabisov A. A., Karaeva L. Kh. Prevention as the main technology for preventing juvenile delinquency // Bulletin of the Magistracy. – 2019. – No. 5-5 (92). – pp. 76-78.
2. Karetnikov K.V. Prevention of group offenses of convicts in educational colonies: organizational aspect // Bulletin of the Kuzbass Institute. – 2023. – No. 1 (54). – pp. 37-43.
3. Mikhaleva G. G. Individual prevention as a way to prevent juvenile delinquency // Bulletin of the Perm State Humanitarian Pedagogical University. Series No. 3. Humanities and social sciences. – 2022. – No. 1. – P. 198-202.
4. Ogurtsova M. L. Prevention of offenses against juvenile convicts serving sentences in educational colonies // Law and Education. – 2021. – No. 10. – P. 94-100.
5. Prozumentov L. M., Shesler A. V. Criminal legal means of counteracting group crime // Bulletin of Tomsk State University. Right. – 2022. – No. 43. – P. 86-96.
6. Chernyshkova M. P., Debolsky M. G. Criminal subculture among minors held in places of deprivation of liberty, and prevention of its spread // Applied legal psychology. – 2016. – No. 2 (35). – pp. 41-47.
7. Juvenile crime: statistics 2023. – [Electronic resource]. – Access mode: https://polic15.ru/zhaloby/prestupnost-nesovershennoletnih-statistika-2021 (access date: 11/03/2023).
CRIMINAL LAW
BONDAREV Sergey Petrovich
Ph.D. in Law, Head of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BOKHAN Andrey Petrovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
RYABKO Natalya Vladimirovna
Ph.D. in Law, associate professor, lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
DISTINCTION OF STEALING FROM THEFT OF A VEHICLE
According to data from the Russian State Traffic Safety Inspectorate, about 100 thousand vehicles are wanted annually due to theft. This circumstance can be explained by the fact that there is an annual increase in cars (about a million cars per year), high profitability and a low detection rate of thefts, as well as the high professionalism of car thieves who quickly adapt to modern and new anti-theft systems. In this connection, there is a need to consider the grounds for distinguishing related crimes.
Keywords: vehicle, stealing, theft, disposal, crime, qualification.
CRIMINAL LAW
BOKHAN Andrey Petrovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
SEROGODSKAYA Elena Sergeevna
senior lecturer of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
STAVILO Sergey Petrovich
Ph.D. in Law, associate professor, professor of Socio-economic and humanitarian disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
A BRIEF HISTORICAL ANALYSIS OF THE ESTABLISHMENT OF CRIMINAL LIABILITY FOR MURDER IN RUSSIA AND A COMPARATIVE DESCRIPTION WITH FOREIGN CRIMINAL LAW
In the article, the authors considered the history of criminal liability for murder in Russian regulations. A retrospective of the process of establishing criminal liability for murder from the commandments of the Bible to the norms of the current Criminal Code of the Russian Federation was briefly analyzed.
The authors conducted a comparative analysis of criminal law norms providing for criminal liability for murder in the Criminal Code of the Russian Federation and norms providing for liability for murder in Germany, the People’s Republic of China and theUnited States of America (using the example of the State of California).
As a result of the study, historical continuity in establishing responsibility for murder was revealed, as well as a number of general approaches to the issue under consideration in a number of foreign countries.
Keywords: murder, history of establishing criminal liability for murder, murder in the Criminal Code of Germany, murder in the Criminal Code of China, murder in the Criminal Code of the State of California USA.
Bibliographic list of articles
1. Bible. Books of the Holy Scriptures of the Old and New Testaments with parallel passages and applications: in the Synodal translation. – M.: Nikea, 2016. Exodus. 21:12-14.
2. Dudaev I.I. Blood feud and its place in the genesis of the death penalty. [Electronic resource] – Access mode: https://cyberleninka.ru/article/n/krovnaya-mesti-ee-mesto-v-genezise-smertnoy-kazni (date of access: 10/21/2023).
3. Legislation of Peter I. 1696-1725. – M.: Mirror, 2014.
4. Kvashis V. E. The death penalty: global trends, problems and prospects. – M.: Yurayt, 2008.
5. Tikhomirov M. N., Epifanov P. P. Cathedral Code of 1649. – M., Moscow Publishing House. University, 1961. Chapter II “On the sovereign’s honor, and how to protect his sovereign’s health.” Art. 1.
6. Shvareva K. G. Responsibility for crimes against life under the legislation of foreign countries. In the collection: Legal, socio-economic, psychological aspects of ensuring national security // Materials of the IV All-Russian student scientific and practical conference with international participation. Executive editor N.V. Golokhvastova. – 2019.
7. Criminal Code of the Federal Republic of Germany (translated by N. S. Rachkova, edited by D. A. Shestakov. – St. Petersburg: Publishing house: Legal Center Press, 2013.
CRIMINAL LAW
GITINOVA Madina Makhmudovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice, Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice, Makhachkala
JAVATKHANOV Magomed Magomedgadzievich
magister student of the 3rd course of the North Caucasus Institute (branch) of the All-Russian State University of Justice, Makhachkala
CRIMINAL LAW ANALYSIS OF HUMAN TRAFFICKING
Human trafficking is a serious crime and a serious violation of human rights. Within the framework of the criminal law analysis of this crime, its essence, signs and consequences are considered. Human trafficking can be defined as illegal activities aimed at the movement, sale or exploitation of persons, including sexual slavery, forced labor, organ trafficking and other forms of exploitation. This crime violates the basic principles of respect for personal freedom, dignity and equality of all people. Human trafficking has a number of characteristic features, including coercion, deception, exploitation. These actions are committed in order to gain financial gain or control over other people. Women, children and migrants are particularly vulnerable to this crime. Trafficking in human beings has serious consequences for victims, including physical and psychological violence, deprivation of liberty and violation of their rights. They find themselves dependent on a criminal group, deprived of the possibility of free choice and forced to work or participate in sexual exploitation against their will. The criminal law analysis of human trafficking makes it possible to understand the nature, scope and consequences of this crime, as well as to develop appropriate measures for its prevention, suppression and punishment in accordance with international standards and national legislation.
Keywords: human trafficking, crime, violation of human rights, criminal law analysis, illegal activity, exploitation, forced labor, physical and psychological violence, deprivation of liberty.
Bibliographic list of articles
1. Large explanatory dictionary of the Russian language / Ed. S. A. Kuznetsova. – St. Petersburg: Norint, 1998. – 1534 p.
2. Karpets I.I. International crime. – Moscow: Nauka, 1988. – 112 p.
3. Kudryavtsev V.N. International criminal law (chapters by author Kudryavtsev V.N.): textbook. allowance. – Moscow: Yur. Norma: Scientific Research Center INFRA-M, 2016. – 97 p. – ISBN 978–5–16–105364–5 (online). – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/739563 (date of access: 02/30/2022). – Access mode: by subscription.
4. Criminal law course. A common part. T. 1. / Ed. N. F. Kuznetsova and I. M. Tyazhkova. – M., 2002. – 624 p. – [Electronic resource]. – Access mode: http://lawlibrary.ru/izdanie20647.html (date of access: 09/12/2023).
5. Milevsky A.I. Criminal law fight against trafficking in minors: abstract. dis. …cand. legal Sciences: 12.00.08. – M., 2000. – 24 p.
6. Repetskaya A. L. Transnational organized crime: characteristics, causes, control strategies. – Irkutsk: IGEA, 2010. – 192 p.
7. Sichkarenko A. Yu. Criminal-legal characteristics of human trafficking and the use of slave labor. Lecture. – Stavropol, 2018. – 25 p. – [Electronic resource]. – Access mode: http://stavf.krdu.mvd.ru/upload/site1 (date of access: 04/12/2022).
8. Judicial practice to the Criminal Code of the Russian Federation: scientific and practical guide / Under the general editorship of V. M. Lebedev. – Moscow: Yurayt Publishing House, 2019. – P. 374.
9. Shelkov D. R. Features of the criminal legal qualification of human trafficking // Electronic scientific journal “Science. Society. State”. – 2018. – T. 6, No. 2. – [Electronic resource]. – Access mode: http://esj.pnzgu.ru (date of access: 09/12/2023).
10. Criminal case of the Stavropol City Court of the Russian Federation dated August 17, 2018 in case No. 1–54/2018. – [Electronic resource]. – Access mode: http://arbitr.garant.ru/#/document/304356939/paragraph/1.
11. Data from the Judicial Department of the Russian Federation for the period 2020-2022. Criminal record status. – [Electronic resource]. – Access mode: http://www.cdep.ru/.
12. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 24, 2019 No. 58 “On judicial practice in cases of kidnapping, unlawful imprisonment and human trafficking.” – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_341379/.
CRIMINAL LAW
ZAIDOVA Manarsha Usmakhanovna
senior lecturer of Criminal law and state and legal disciplines sub-faculty of the Faculty of Law of the Dagestan State University of National Economy
CORRUPTION IN THE ARMED FORCES OF THE RUSSIAN FEDERATION: PROBLEMS OF THEORY AND PRACTICE
The article deals with such a terrible phenomenon that has engulfed most structures and institutions of society and the state, such as corruption. In particular, the author reveals the causes of corruption in the army, the forms of manifestation of corruption. Corruption is an obstacle to the fruitful functioning of public authorities and a threat to both state and public security. Suggests what are the possible ways to overcome corruption in the Armed Forces of the Russian Federation. Based on a comprehensive analysis of the criminogenic situation in the country and its military organization, the author presents a set of measures, the implementation of which should contribute to reducing the level of corruption in the law enforcement agencies of the Russian state.
Keywords: Armed Forces of the Russian Federation, army, corruption, general, soldier, prevention, efficiency.
Bibliographic list of articles
1. Federal Law “On Defense” dated May 31, 1996 No. 61-FZ (latest edition).
2. Federal Law No. 273-FZ dated December 25, 2008 (as amended on July 10, 2023) “On Combating Corruption” (as amended and supplemented, entered into force on September 15, 2023).
3. [Electronic resource]. – Access mode: https://realnoevremya.ru/articles/221215-v-kazanskom-dele-fsb-po-bespilotnikam-orlan-poyavilsya-otkat-v-48-millionov.
CRIMINAL LAW
KIPKEEV Islam Magomedovich
postgraduate student, specialization “criminal law sciences 5.1.4” of Criminal law, criminal process and criminalistics sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ACTUAL PROBLEMS OF SENTENCING FOR EMBEZZLEMENT USING ELECTRONIC MEANS OF PAYMENT
Within the framework of the presented article, the author draws attention to the actual problems that arise within the framework of sentencing for committing theft using electronic means of payment (hereinafter referred to as ESP).
Modern society is undergoing constant changes, all spheres of life are becoming exposed to high technologies. The complexity and heterogeneity of public relations requires close attention from the state and modern legal science. The emergence of new forms of realization of social relations leads to the fact that criminals show interest in them, looking for ways to use this or that technology for their criminal purposes. ESP was no exception. For a long time, criminals have been committing crimes that are related to theft in this area. Accordingly, the issue of regulation of special norms remains significant, which will act as a model of behavior in the formed realities.
Criminal liability for committing fraud using ESP is provided for in Article 1593 of the Criminal Code of the Russian Federation. The complexity of sentencing and bringing to justice the perpetrators under this article is that embezzlement using ESP is composite. In other words, this crime can be committed through the use without the consent of the owner of payment cards or through the use of information that is not valid. As a result of committing such theft, the criminal receives an illegal benefit.
In accordance with the criminal legislation, embezzlement committed using ESP is a criminal offense, as a result of which a criminal case is initiated, and the guilty person is brought to criminal responsibility, that is, he is sentenced.
Within the framework of this article, the author draws attention to the fact of humanity of the state and the court in relation to the persons who committed the crime in question, and formulates a conclusion about the need to tighten sanctions.
Thus, the topic of sentencing is quite relevant, and the problems that may arise in this area require special attention.
Keywords: embezzlement, electronic means of payment, punishment, responsibility, criminal law.
Bibliographic list of articles
1. Dzyumenko R.I. Peculiarities of qualification of fraud using electronic means of payment (Article 159.3 of the Criminal Code of the Russian Federation) // Young scientist. – 2022. – No. 8 (403).
2. Zakaev A. Kh. The concept of criminal liability in legislation and the science of criminal law // Bulletin of the Saratov State Law Academy. – 2017. – No. 2 (115).
3. Nedikov V.B. Criminal liability as one of the forms of implementation of state coercion // Young scientist. – 2020. – No. 3 (293).
4. Peraphids V. A. Application of criminal legal measures without isolation from society: historical experience and modernity. – M.: Publishing House of the International Legal Institute, 2021.
CRIMINAL LAW
KUCHEROVA Ekaterina Petrovna
Ph.D. in economical sciences, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
AKCHURINA Adeliya Alievna
student of the 5th course of the Faculty of Investigator Training of the Volgograd Academy of the MIA of Russia
THE CURRENT STATE OF ECONOMIC CRIME IN RUSSIA
The article, based on official statistical data from the Russian Ministry of Internal Affairs, analyzes the state and dynamics of economic crime in Russia for the period from 2019 to 2023. As a result of the analysis, we identified cause-and- effect relationships that influenced the growth of economic crime in 2020-2021, namely: the COVID-19 pandemic and the consequences of crisis phenomena in the economy; an increase in the number of crimes committed by a group of persons by prior conspiracy, as well as by an organized group or criminal community (criminal organization); widespread use of peer-to-peer electronic payment systems, etc. Factors have been identified that have made it possible to reduce economic crime in 2022-2023: the functioning of the digital project “Personal Account of a Law Enforcement Agency”; interaction of the Ministry of Internal Affairs of Russia with Rosfinmonitoring and the Bank of Russia, etc.
Keywords:economic activity, economic crime, causes of economic crime, analysis.
Bibliographic list of articles
1. Gordienko V.V. Features of the behavior of economic agents as a reason for the emergence of shadow economic relations // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 3 (14). – pp. 123-130.
2. Gordienko V.V., Zueva O.V. The role of the state in the creation of institutions that regulate market relations // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (31). – pp. 179-184.
CRIMINAL LAW
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
ALEXEEV Anton Olegovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, major of police
LIPANIN Evgeniy Alexandrovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
AMIROVA Dilyara Kafilevna
Ph.D. in Law, associate professor of the Kazan branch of the Russian State University of Justice
FEATURES OF CRIMINAL RESPONSIBILITY AND PUNISHMENT OF MINORS
This article examines the phenomenon of juvenile delinquency. The authors provide statistical data indicating the relevance of the phenomenon under consideration. Based on the analysis of scientific sources, the authors identify the main peculiarities, characteristic features of juvenile delinquency, which include: mercenary orientation, latent and group character, choice of the crime scene. At the same time, the peculiarities of the punishment of juvenile offenders are considered as one of the features.
Keywords: Juvenile delinquency, juvenile delinquency, punishment, features of juvenile delinquency, juvenile.
Bibliographic list of articles
1. Decree of the President of the Russian Federation of May 24, 1994. No. 1016 “On urgent measures to implement the Federal Program of the Russian Federation to strengthen the fight against crime for 1994 – 1995” (with amendments and additions, the latter introduced by Presidential Decree of July 23, 2011 No. 2 902) // Collection of Legislation of the Russian Federation. – 1994. – No. 5. – Art. 403. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01.11.2023).
2. Bezrukova O. V., Altukhova N. M. Forensic characteristics of crimes committed by minors // Science. Society. State. – 2019. – No. 4 (28). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminalisticheskaya-harakteristika-prestupleniy-sovershennyh-nesovershennoletnimi (date of access: 10/31/2023).
3. Voloshin I. A., Davidenko S. A. Peculiarities of criminal liability of minors // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2015. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-ugolovnoy-otvetstvennosti-nesovershennoletnih (date of access: 10/31/2023).
4. Dzhanmirzaev I.K., Magomedova A.I. On the application of criminal law to minorsexplicit punishment in the form of compulsory labor // Bulletin of the Faculty of Law of the Southern Federal University. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-primenenii-k-nesovershennoletnim-ugolovnogo-nakazaniya-v-vide-obyazatelnyh-rabot-1 (date of access: 11/01/2023).
5. Erezhipaliev D.I. Juvenile crime at the present stage of development of Russian society // All-Russian Criminological Journal. – 2017. – T. 11. No. 1. – P. 98-108. — DOI: 10.17150/2500-4255.2017.11(1).98-108.
6. Kolesnikov R.V. Current state of juvenile delinquency // Penitentiary science. – 2022. – No. 1 (57). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennoe-sostoyanie-prestupnosti-nesovershennoletnih-1 (date of access: 10/31/2023).
7. Ogurtsov S. A. Fine as a type of punishment imposed on minors // Current problems of Russian law. – 2007. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/shtraf-kak-vid-nakazaniya-naznachaemyy-nesovershennoletnim (access date: 11/01/2023).
8. Tyumneva M. A. Features of criminal liability of minors // Colloquium-journal. – 2021. – No. 3 (90). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-ugolovnoy-otvetstvennosti-nesovershennoletnih-1 (date of access: 10/31/2023).
9. Shakhaev Yu. A. Concept and main forms of manifestation of latent crime of minors // Problems of economics and legal practice. – 2009. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-osnovnye-formy-proyavleniya-latentnoy-prestupnosti-nesovershennoletnih-lits (date of access: 11/01/2023).
CRIMINAL LAW
MAKHOVA Margarita Lvovna
competitor of Judicial activities and criminal process sub-faculty of the V. F. Yakovlev Ural State University, assistant lawyer, the bar Association “South Ural Law Center” of the Chelyabinsk region
PROBLEMS OF FAMILIARIZATION OF THE LAWYER WITH THE MATERIALS OF THE CRIMINAL CASE AT THE END OF THE PRELIMINARY INVESTIGATION
The article discusses the main problems of familiarizing a lawyer with the materials of a criminal case at the end of a preliminary investigation. Familiarization of the accused and his defense counsel with the materials of the criminal case at the end of the preliminary investigation is of great importance, since it allows them to evaluate the evidence collected, file petitions for additional investigative actions, and form their position to participate in the trial. However, there are many problems in the legal regulation of these issues that require their resolution at the legislative level.
Keywords: lawyer, criminal procedure; criminal proceedings
Bibliographic list of articles
1. Alieva N.N. Familiarization with the materials of a criminal case as a guarantee of protecting the rights of the accused // Legal Concept = Legal paradigm. – 2020. – No. 4. – P. 151-155.
2. Leontiev A.D. Procedures for disclosing evidence – a condition for the parties to be adversarial in criminal proceedings in Russia // Current research. –2022. – No. 15 (94). – pp. 51-63.
3. Misnik L.A. Lawyer and his powers in criminal proceedings. The problem of participation in proof // Young scientist. – 2020. – No. 1 (291). – pp. 177-180.
4. Rossinsky S. B. On the practice of familiarizing participants in criminal proceedings with the materials of criminal cases (in accordance with Articles 216-218 of the Code of Criminal Procedure of the Russian Federation) // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (84). – pp. 16-23.
5. Jacobi I.V. Lawyer in criminal proceedings: problems of criminal procedural regulation and practice // Society and Law. – 2019. – No. 52. – P. 26-34.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE EFFECTIVENESS OF THE GERMAN CRIMINAL RECIDIVISM PREVENTION SYSTEM
This article examines the effectiveness of the system for the prevention of recidivism organized in the Federal Republic of Germany. The author substantiates the relevance of research. The paper notes the specific approach to resolving the delineation of the functions of the State and society in preventing recidivism. The author analyzes the anti-criminogenic factors affecting the quantitative and qualitative indicators of recidivism in Germany. The results of the study could be used in the further development of recommendations to change the elements of the prevention system in place in the Russian Federation.
Keywords: Germany, prevention, crime, recidivism, convict, society.
Bibliographic list of articles
1. Lessons Learned from Germany: Avoiding Unnecessary Incarceration and Limiting Collateral Consequences // Fair and Just Prosecution. [Electronic resource]. – Access mode: https://www.fairandjustprosecution.org/staging/wp-content/uploads/2020/04/FJP_Brief_GermanIncarceration.pdf (access date: 09/01/2023). Text: electronic.
2. Wiebke Steffen. Report for the 19th German Congress of Crime Prevention May 12-13, 2014 in Karlsruhe. [Electronic resource]. – Access mode: https://www.praeventionstag.de/dokumentation/download.cms?id=2065. (date of access: 09/01/2023). Text: electronic.
3. Filippova O. V. Criminological characteristics of the personality of a recidivist in Russia: the main trends in changes in parameters in the modern period. Text: direct // All-Russian criminological journal. – 2022. – T. 16. – No. 2. – P. 207–216. DOI 10.17150/2500-4255.2022.16(2).207-216.
CRIMINAL LAW
PEYZAK Ruslan Igorevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
RELEVANCE OF RESEARCH ON THE CASE LAW ON FRAUD OF THE SUPREME COURT OF CASSATION OF ITALY
The lack of effectiveness in combating the manifestations of cross-border crime at the national level of a given State makes it necessary to take into account international experience in implementing criminal policies aimed at preventing fraudulent crimes. The article substantiates current research analyzing the law enforcement practice of the Supreme Court of Cassation of Italy in cases of fraud.
Keywords: fraud, public financing, mortgage, IT, cyber crime, insolvency, loan fraud, insurance, criminal policy, Italy.
Bibliographic list of articles
1. Ilyin I.V. Doctor of Law dissertation “Theoretical foundations of combating fraud committed in the economic sphere: criminal law and criminological problems”, 2011. – 492 pp.
2. Italian Criminal Code, 1930 (as amended on October 9, 2023) – Text: electronic // Altalex. Codice Penale [website]. [Electronic resource]. – Access mode: https://www.altalex.com/documents/codici-altalex/2014/10/30/codice-penale (access date: 09/01/2023).
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue of the Academy of EMERCOM of Russia, Zheleznogorsk
DISCREDITING AS A WAY OF COMMITTING CRIMES AGAINST STATE POWER: SEPARATE ISSUES OF INTERPRETATION AND QUALIFICATION
The article analyzes possible forms of discrediting the execution of their powers by state bodies of the Russian Federation. The signs of discrediting are considered, its definition is formulated, and options for using deliberately false information discrediting the activities of state bodies, its representatives, as a way of committing crimes against national security are investigated. Based on the results, reasonable amendments and additions to the criminal legislation in terms of countering the discrediting of state power are substantiated.
Keywords: crime, method of committing a crime, discredit, state power, national security.
Bibliographic list of articles
1. Vinogradova A.D. On the issue of methods of committing crimes and methods of concealing crimes from accounting // Military law. – 2016. – No. 3(39). – pp. 102-106.
2. Enikeev M.I. Legal psychology: a short training course. – Moscow: Norma, 2003. – 256 p.
3. How to manage mass consciousness: modern models / V. A. Minaev, A. S. Ovchinsky, S. V. Skryl, S. N. Trostyansky. – M.: RosNOU, 2013. – 200 p.
4. Kudryavtsev V. N. Genesis of crime. Experience in criminological modeling: textbook. allowance. – M., 1998.
5. Nezhdanov I. Yu. Technologies of information wars on the Internet. – [Electronic resource]. – Access mode: http://bash.rosmu.ru/activity/attach/events/1283/01.pdf (access date: 11/09/2023).
6. Sereda I. M. On criminal liability for the dissemination of false information aimed at undermining the authority of state bodies of the Russian Federation / I. M. Sereda, S. A. Stupina // Current problems of criminal law and penal policy of the Russian Federation on modern stage: Materials of the All-Russian scientific and practical conference dedicated to the memory of Doctor of Law, Professor V.I. Gorobtsov / Responsible. editor N. N. Tsukanov. – Krasnoyarsk, 2023. – pp. 182-186.
7. Trostyansky S. N. Using information diffusion models for aanalysis of threats to the national security of the state // Aerospace Forces. Theory and practice. – 2018. – No. 5(5). – pp. 25-30.
8. The FSB of Russia in the territory of the Republic of Buryatia suppressed the activities of an accomplice of Ukrainian intelligence. – [Electronic resource]. – Access mode: http://www.fsb.ru/fsb/press/message/single.htm!id=10439851@fsbmessage.html. (date of access: 09.11.2023).
CRIMINAL PROCEDURE
VRAZHNOV Alexey Sergeevich
Ph.D. in Law, lecturer of Criminal process sub-faculty of the Military University
TO THE CONTENT OF CERTAIN AMENDMENTS TO THE LEGISLATION ON MILITARY SERVICE OF THE RUSSIAN FEDERATION
The article provides a brief legal analysis of individual amendments to the Federal Law “On Military Duty and Military Service”, which were adopted over the past year. Among them, the author includes: the introduction of temporary measures aimed at ensuring the appearance on the agenda of the military commissariat, new ways of summoning a person liable for military service to the military commissariat, correction of the pre-trial procedure for filing a complaint against actions (inaction) and decisions of the draft commission of the subject of the Russian Federation.
Keywords: military duty, military service, amendments to the federal law, temporary measures aimed at ensuring attendance on the agenda of the military commissariat, Register of summonses, authorized representative, legal representative.
CRIMINAL PROCEDURE
DANILOV Igor Borisovich
Ph.D. in Law, associate professor, Head of Jurisprudence sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
NIKULIN Dmitry Vladimirovich
assistant of Jurisprudence sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
PROBLEMS OF DETERMINING THE LEGALITY OF USING PSYCHOPHYSIOLOGICAL RESEARCH USING A POLYGRAPH TO OBTAIN EVIDENCE IN A CRIMINAL CASE
The article examines the problem of the legality of using psychophysiological studies using a polygraph (PFIP) to obtain evidence in a criminal case. It is stated that the current legislation does not contain a clear answer to the question of its admissibility in the framework of criminal proceedings. The absence of a special law gives rise to ambiguous interpretations. Without directly indicating PFIP as a special type of forensic examination, the legislator, however, regulates the procedure for training polygraph examiners. It is established that there is a legal gap in this area that needs to be filled.
Keywords: criminal trial, polygraph, polygraph examiner, psychophysiological study using a polygraph, IPFO, PFIP, forensic examination, evidence.
Bibliographic list of articles
1. Komissarov V. I., Komissarova Ya. V. “Problems of the formation of psychophysiological examination” // The role and significance of the activities of R. S. Belkin in the formation of modern criminology: materials of the International. scientific conference (to the 80th anniversary of the birth of R. S. Belkin). – M.: Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2002.
2. Roganov S. A. Legal principles of using the polygraph in law enforcement activities of the Russian Federation: textbook. allowance. – St. Petersburg: Publishing house of St. Petersburg State Economic University, 2018.
3. Leontyeva N. L. Polygraph as a source of evidence in a criminal case // Legal psychology. – 2011. – No. 2.
4. Svobodny F.K. Forensic psychophysiological examination using a polygraph as a new type of forensic psychological examination // Bulletin of the Altai Academy of Economics and Law. – 2011. – No. 1.
CRIMINAL PROCEDURE
ZHARKO Natalya Viktorovna
Ph.D. in Law, associate professor, Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
CRITERIA FOR ASSESSING THE DEGREE OF PUBLIC DANGER OF SUBJECTS OF COMPULSORY MEDICAL MEASURES
In this article, the danger of persons who may be prescribed compulsory medical measures in order to develop criteria for assessing their degrees is considered. The author proposes for legislative consolidation a four-stage system of degrees of danger (small, significant, increased, special) of subjects of compulsory medical measures. Based on the analysis, the author substantiates the criteria of the proposed system of degrees of public danger.
Keywords: compulsory medical measures, assessment criteria, degree of danger, public danger, types of compulsory measures.
Bibliographic list of articles
1. Hot N. B. Compulsory measures of a medical nature (Criminal legal aspect): dissertation for the degree of candidate of legal sciences. Ryazan, 2005. 230 pp.
2. Zharko N.V. Social danger of subjects of compulsory measures of a medical nature // Eurasian Legal Journal. 2018. No. 11 (126). P.288-289.
3. Maltseva M. M., Kotov V. P. Dangerous actions of mentally ill patients. M.: Medicine, 1995. P. 39.
4. Pavlukhin A. N., Zharko N. V., Pavlukhin A. N., Zharko N. V., Khukhua Z. D. Compulsory measures of a medical nature (criminal legal aspect): monograph / Ed. A. N. Pavlukhina. M.: Unity, 2007. 144 pp.
5. Criminal Code of the Russian Federation. M.: Omega-L Publishing House, 2023. 250 pp.
CRIMINAL PROCEDURE
MERZLYAKOVA Marina Viktorovna
Ph.D. in Law, associate professor of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
ABOUT SOME FEATURES OF CRIMINAL PROCEEDINGS DUE TO OTHER NEW CIRCUMSTANCES
The article discusses some problems of reviewing criminal cases due to the other new circumstances, taking into account the approach that currently exists in judicial practice. The situations in which it is allowed to overcome the ban on resuming criminal proceedings due to the need to fill in the shortcomings of the prosecution and judicial activities that arose as a result of omissions of officials are given. It is proposed to clarify the conditions under which, after the cancellation of the sentence that has entered into force, the situation of the proud person (acquitted) may be worsened during the retrial of the case.
Keywords: reviewing criminal cases due to the other new circumstances, filling in the shortcomings of investigative and judicial activities, deterioration of the convict’s position during the case review.
Bibliographic list of articles
1. Davydov V.A. Resumption of criminal cases due to new and newly discovered circumstances. Legal positions of the Plenum of the Armed Forces of the Russian Federation // Criminal process. – 2022. – No. 2. – P. 22-29.
2. Vedishchev N.P. Resumption of criminal proceedings due to new or newly discovered circumstances. – M.: Yurlitinform, 2003. – 256 p. – ISBN 5-93295-079-X.
3. Zumakulov A.D. Institute for initiating criminal proceedings due to new or newly discovered circumstances as a guarantee of individual rights and freedoms: dis. …cand. legal Sci. – Kislovodsk, 2005. – 219 p.
4. Davydov V. A. Resumption of criminal proceedings due to new or newly discovered circumstances: theory and practice of correcting judicial errors. – M.: Yurayt Publishing House, 2012. – 313 p. – Series: Application practice. ISBN 978-5-9916-1466-5.
5. Oksyuk T. L. Resumption of criminal proceedings due to new or newly discovered circumstances // Legality. – 2007. – No. 10. – P. 6-11.
CRIMINAL PROCEDURE
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
THEORETICAL AND PRACTICAL ASPECTS OF THE INVESTIGATIVE EXAMINATION
The article analyzes the educational and scientific literature in the field of investigative inspection. The points of view on the conduct of the investigative examination of some scientists dealing with the problems arising during the conduct of this investigative event are considered. The author’s definition of the investigative examination is given. The types of investigative inspection as an event conducted by relevant law enforcement officials are considered and justified. The peculiarity of conducting such a type of investigative inspection as an inspection of the scene of an incident in institutions executing criminal punishment in the form of imprisonment is determined and disclosed. The circle of persons who are employees of the penal enforcement system who have the opportunity to conduct such an investigative inspection as an inspection of the scene of the incident has been determined. The features of the inspection of documents that are material evidence in a criminal case are determined. Special attention is paid to the peculiarities of conducting an inspection of the scene of the incident indoors, both in residential and non-residential. A plan for conducting an inspection of the scene of the incident has been formed and the activities of the plan have been disclosed. Some changes have been made to the norms of the criminal procedure law of our state in the field of conducting an investigative inspection.
Keywords: investigative inspection; inspection of the scene of the incident; inspection of documents; inspection of residential premises; norms of the criminal procedure law; criminal case; plan.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru, 10/06/2022.
2. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023) // Collection of legislation of the Russian Federation. Federation. – 2001. – No. 52 (Part I). – St. 4921.
CRIMINAL PROCEDURE
KURYSHEV Andrey Olegovich
magister student of the 2nd course of the Far Eastern Federal University, Vladivostok
PROBLEMS OF CRIMINAL PROCEDURAL LEGAL RELATIONS
Criminal procedural relations are an essential element of the mechanism of criminal procedural regulation, without which it is impossible to imagine a criminal trial.
This article analyzes the problems of criminal procedural relations, which receive very little attention in the educational literature. The author examines questions regarding the subject composition of legal relations and their content, in the context of the fact that criminal procedural legal relations do not fit into the classical scheme of legal relations.
Keywords: criminal procedural legal relations, right to defense, accused, lawyer, subject, object, content.
Bibliographic list of articles
1. Kashepov V.P. Criminal procedure: Textbook for universities / Ed. ed. V. I. Radchenko // 2nd ed., revised. and additional – M.: “Legal House “Justitsinform”, 2006. – 784 p.
2. Savitsky V. M. Mikhail Solomonovich Strogovich (1894-1984) // Jurisprudence. – 1985. – No. 1. – P. 53.
CRIMINAL PROCEDURE
TOROVKOV Alexey Alexandrovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
CRIMINAL PROCEDURAL ASPECTS OF IDENTIFICATION BY USING VIDEO CONFERENCING SYSTEMS
This article is devoted to the analysis of the norms of Article 189.1 of the Criminal Procedure Code of the Russian Federation in relation to such an investigative action as presentation for identification. The author, generally positively assessing the possibility of using video conferencing during investigative actions at the stage of preliminary investigation, considers the criminal procedural aspects of identification that are not regulated at the legislative level and suggests, based on the analysis of legislation, the effective application of new norms in law enforcement practice.
Keywords: presentation for identification, video conferencing, written order, investigative action, identification in conditions that exclude visual observation of the recognizer by the identifiable.
Bibliographic list of articles
1. Aleksandrov A. S., Andreeva O. I., Zaitsev O. A. On the prospects for the development of Russian criminal proceedings in the conditions of digitalization // Bulletin of Tomsk State University. – 2019. – No. 448. – P. 199-208.
2. Andreeva O. I., Kachalova O. V. Russian criminal process in the era of coronavirus: challenges of the time // Bulletin of Tomsk State University. Series: Law. – 2020. – No. 36. – P. 5-15.
3. Bufetova M. Sh., Kobzar D. N. Application of video conferencing systems in criminal proceedings: the prospect of changing legislation // Lawyer practice. – 2021. – No. 1. – P. 14-18.
4. Gaas N. N. The use of video conferencing in criminal proceedings // Current problems of criminal procedure and criminology: Proceedings of the IX International Scientific and Practical Conference (Mogilev, April 30, 2021): Abstracts / Executive editor Yu P. Shkaplerov. – Mogilev: Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus, 2021. – P. 22-26.
5. Markovicheva E. V. Prospects for the development of electronic legal proceedings in the Russian Federation // Russian justice. – 2017. – No. 3. – P. 88-95.
6. Ovchinnikova O. V. Remote investigative actions: current state and prospects // Legal science and law enforcement practice. – 2019. – No. 1 (47). – pp. 108-116.
7. Pashutina O. S., Alymov D. V. Confrontation: problematic aspects of criminal procedure // Russian investigator. – 2020. – No. 6. – P. 13-16.
8. Ryzhakov A. P. Acceptable limits for the use of video conferencing systems at the stage of preliminary investigation. Commentary to the Federal Law of December 30, 2021 No. 501-FZ “On Amendments to the Criminal Procedure Code of the Russian Federation”th Federation” (Prepared for the ConsultantPlus system, 2023). Access from the reference and legal system “ConsultantPlus” (date of access: 01.11.2023).
9. Shcherba S.P., Arkhipova E.A. Legal basis for the use of video conferencing in criminal proceedings in Russia and prospects for their improvement // Criminal Law. – 2014. – No. 4. – P. 109-117.
CRIMINAL PROCEDURE
UDOVICHENKO Viktor Sergeevich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHELEPOV Kirill Alexandrovich
student of the 5th course of the Barnaul Law Institute of the MIA of Russia
PERMISSIBILITY OF CALLING FOR QUESTIONING VIA INSTANT MESSAGING SYSTEMS
This paper examines the problems of calling for questioning in criminal proceedings. The development of technical capabilities for delivering information for summons for interrogation is explored. The problem of the archaic nature of the method of calling for interrogation, enshrined in the current criminal procedural law, is raised. The authors propose to amend the domestic criminal procedure code in order to legally establish electronic messages as an alternative to the traditional summons for questioning.
Keywords: summons for questioning, electronic messages, preliminary investigation.
Bibliographic list of articles
1. Otarov A. A. Legal and applied problems of digitalization of interrogation in criminal proceedings // Legal culture in modern society: a collection of scientific articles, Mogilev, May 14-15, 2020. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus”, 2020. – P. 449-452.
2. Ryzhakov A.P. Summoning an individual for questioning at the stage of preliminary investigation. Commentary on Article 188 of the Code of Criminal Procedure of the Russian Federation // SPS ConsultantPlus. 2021.
CRIMINAL PRINCIPAL LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology, social work and probation sub-faculty of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
ON THE ISSUE OF PUTTING INTO EFFECT THE FEDERAL LAW “ON PROBATION IN THE RUSSIAN FEDERATION”
The study examines the problems of probation on the basis of the federal law “On Probation in the Russian Federation”. Analyzing the types of probation provided for by the legislation, the authors characterize the problems that are already being discussed by practitioners who will carry out it from January 1, 2024. The study characterizes the positive and negative aspects of each type of probation and provides directions for their reduction or complete elimination not only at the regulatory level, but also at the departmental level concerning the activities of all participating bodies and services.
Keywords: criminal, penal enforcement legislation, probation, convicts, resocialization, social adaptation, penitentiary system.
Bibliographic list of articles
1. Shmaeva T. A., Ananyeva E. O. On the status of penal inspections of the Federal Penitentiary Service of Russia as legal entities // Eurasian Legal Journal. – 2019. – No. 8 (135). – pp. 216-218.
2. Educational work with convicts. Ananyev O. G., Ananyeva E. O., Kirillova T. V., Korysheva S. E., Kuznetsov M. I., Luzgin S. A., Skopina I. E., Fedina A. M., Kholopova E. Yu – textbook. – Ryazan, 2021.
3. Innovation in social work: theoretical and practical aspects: Nagornova A. Yu., Antipova E. I., Ushakova R. I., Golubeva E. Yu., Melnikova A. A., Pryalukhina A. V., Akhmetov S. M., Ovchinnikov Yu. D., Bukreeva N. O., Salikhova A. A., Sudakova Yu. E., Bibikova N. V., Eremina L. I., Aleksandrova N. V., Kalyazina A. A. ., Donina I.A., Alekseeva O.V., Khachaturova K.R., Zadvornaya M.S., Shchuplenkov N.O. and other collective monograph. – Ulyanovsk, 2020. – 122 pp.
4. Ananyev O. G., Ananyeva E. O. Probation services – as a model of effective assistance to persons deprived of liberty in social restoration // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 270-272.
CRIMINAL PRINCIPAL 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”
FACTORS OFFORMATION OF SPIRITUAL AND MORAL VALUES OF JUVENILE CONVICTS
This article discusses the main factors that affect the possibility of forming the spiritual and moral values of juvenile convicts in correctional institutions. Some aspects of the educational function performed by the penal system are considered, as well as individual factors of the formation of spiritual and moral values on the part of convicts are described.
Keywords: juvenile convict, spiritual and moral values, correctional institution, educational colonies, correction, upbringing.
Bibliographic list of articles
1. Zorina N. S. Formation of spiritual and moral values of juvenile convicts // Penitentiary security: national traditions and foreign experience: Materials of the All-Russian scientific and practical conference with international participation, Samara, June 01–02, 2023. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2023. – P. 87-88.
2. “Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ (as amended on August 4, 2023) (as amended and supplemented, entered into force on October 12, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/bbb24e2ed98a01ab34d9ac0478e96e44968dc772/
3. “Criminal Executive Code of the Russian Federation” dated 01/08/1997 N 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 10/01/2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12940/dfd38a7bdf844a9189d098a2f4eaeae0eadabe52/
4. Vilkova A.V., Bykov A.V. Formation of spiritual and moral values of juvenile convicts in the educational space of an educational colony // Global scientific potential. – 2018. – No. 10. – pp. 12-13.
5. Nosilova L. M. Aspects of the formation of spiritual and moral values among juvenile convicts in educational activities // Technology and safety of objects of the penal system: collection of materials of the International Scientific and Practical Conference, Voronezh, October 03–04, 2013. – Voronezh: Publishing and Printing Center “Scientific Book”, 2013. – P. 569-570.
6. Vilkova A.V., Timofeeva E.A. Factors and conditions that complicate the formation of spiritual and moral values of female juvenile prisoners: (analytical review). – Moscow-Samara: Samara Law Institute of the Federal Penitentiary Service, 2018. – 24 p.
CRIMINAL PRINCIPAL 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
CHARACTERISTICS OF THE CHANNELS OF RECEIPT OF PROHIBITED ITEMS AND SUBSTANCES TO THE BODIES AND INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
To date, there is a tendency for the growth of illegal actions of convicts aimed at destabilizing the activities of institutions, countering the administration. Against the background of increased aggressiveness of convicts, preventive work has intensified to prevent the delivery of prohibited items to places of deprivation of liberty. The article discusses the specifics of the delivery of prohibited items and substances to the bodies and institutions of the penal enforcement system.
Keywords: carrying, transfer, transportation, forwarding, prohibited items in correctional institutions.
Bibliographic list of articles
1. The number of fines to lawyers for bringing things into a pre-trial detention center has increased sevenfold // Official website. [Electronic resource]. – Access mode: https://www.gazeta.ru/social/2022/02/12/14524933.shtml?updated (date of access: 09.15.2023).
2. News: Primorye // Official website. Main. [Electronic resource]. – Access mode: https://vestiprim.ru/news/ptrnews/57088-sotrudniki-ik-41-presekli-popytku-provoza-zapreschennyh-predmetov-na-rezhimnuyu-territoriyu.html (access date: 09.15.2023).
3. Yakut-Sakha information agency // Official website. [Electronic resource]. – Access mode: https://ysia.ru/muzhchina-pytalsya-perebrosit-zapreshhennye-predmety-na-territoriyu-ispravitelnoj-kolonii-v-yakutii/ (date of access: 09.15.2023).
4. Bryansk news // Official website. Home / Incidents. [Electronic resource]. – Access mode: https://newsbryansk.ru/fn_760227.html (date of access: 09/15/2023).
5. In the Tyumen IK they tried to transfer drugs using a quadrocopter // Official website. [Electronic resource]. – Access mode: https://ura.news/news/1052484013 (date of access: 09.15.2023).
JUDICIAL PROCEEDINGS
REDKINA Elena Nikolaevna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE QUESTION OF THE RELATIONSHIP BETWEEN THE CONCEPTS OF “ELECTRONIC GOVERNMENT”, “ELECTRONIC JUSTICE”, “ELECTRONIC COURT”
In this publication, the author analyzes the content of the concepts of “electronic government”, “electronic justice”, “electronic court”. Active informatization of judicial activity leads to the fact that there is a need for legislative consolidation of the listed definitions. E-government, e-justice and e-court are concepts related to the use of information and communication technologies in public administration and the judicial system. The author notes that these institutions are aimed at improving the efficiency, accessibility and transparency of public administration and the judicial system through the use of modern information technologies. At the end of the study, the author carries out the correlation of these concepts, establishes their relationship and interaction.
Keywords: information technologies, justice, electronic state, electronic government, electronic justice, electronic court.
Bibliographic list of articles
1. Zhdanova Yu. A. Legal nature of electronic justice and its place in the system of institutions of the information society // Administrative law and process. – 2015. – No. 4. – P. 83.
2. The “Justice-Online” service will be launched for public services. – [Electronic resource]. – Access mode: https://rg.ru/2023/03/20/posporim-na-gadzhetah.html (access date: 10/15/2023).
3. Fedoseeva N. N. Electronic justice in Russia: essence, problems, prospects // Court administrator. – 2018. – No. 3. – P. 77-78.
4. Chizhov M.V. Application of information and communication technologies in judicial activities in the conditions of formation of the information society: dissertation … candidate of legal sciences: 12.00.11 / Place of defense: Ros. acad. justice. – Moscow, 2013. – 179 p.
5. Sharaev S. Yu. Electronic justice: results and prospects // Perm Legal Almanac. – 2019. – No. 2. – P. 163-170.
CRIMINALISTICS
LYSOV Kirill Grigorjevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BASISTOV Dmitriy Georgievich
Deputy Head of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
OBLAP Stepan Igorevich
senior lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES COMMITTED AGAINST THE FOUNDATIONS OF THE CONSTITUTIONAL ORDER AND THE SECURITY OF THE STATE ON THE GROUNDS OF NATIONAL OR RELIGIOUS HATRED, WITH THE AIM OF INVOLVING EXTREMIST ORGANIZATIONS IN THE ACTIVITIES
In the article presented, on the basis of scientific research literature, individual illegal acts committed under the influence of the motive of national and (or) religious hostility against the foundations of the constitutional system and the security of the state, within the framework of the activities of extremist organizations, are considered. The article is prepared on the basis of general scientific methods: analysis and synthesis of information, induction, which allows us to consider particular facts and come to a common logical conclusion. The issues the concerning motivation of the personnel of criminal formations were under investigation, which are of particular interest due to the presence of a combination of factors that affect the personality of the participants of criminal formations, as well as the personal qualities of the criminal propagandizing extremist views.
Keywords: motive of national and (or) religious hatred, terrorist organization, extremist organization.
Bibliographic list of articles
1. Case No. 1-117/2015 // Archives of the Zavodsky District Court of Grozny for 2015
2. Decision of the Supreme Court of the Russian Federation of December 29, 2014 No. AKPI14-1424S. Access from the reference legal system “GARANT”.
3. Merkuryev V.V. Overcoming ideological invasion in the context of countering extremism and terrorism // Bulletin of the Altai Academy of Economics and Law. – 2015. – No. 1 (39). – pp. 109-112.
4. Sentence No. 2-8/2014 2-86/2013 dated December 12, 2014 in case No. 2-8/2014 of the Supreme Court of the Republic of Bashkortostan // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/7JocIQb2D9C/?ysclid=lhav92av49289292444 (date of access: 05/04/2023).
5. Kuznetsov K.V. Criminological characteristics and prevention of organized ethnic crime: dissertation … candidate of legal sciences: 12.00.08; [Place of defense: University of the Prosecutor’s Office of the Russian Federation]. – Moscow, 2018. – 279 pp.
6. Case No. 2-18/2014. // Archive of the Supreme Court of the Karachay-Cherkess Republic for 2015
7. Case No. 000047-01/2010 // Archives of the Chelyabinsk Regional Court for 2010
8. Kunz E.V. The role of the state and the church in the prevention of interethnic and religious conflicts // Bulletin of the Chelyabinsk State University. – 2011. – No. 4. – P. 68-70
9. Decision of the Supreme Court of the Russian Federation dated September 20, 2016 in case No. AKPI 16-915S. Access from the reference legal system “GARANT”.
CRIMINALISTICS
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
SOME FEATURES OF THE SURVEY CONDITIONS AS ONE OF THE IMPORTANT OPERATIONAL INVESTIGATIVE MEASURES IN OPERATIONAL INVESTIGATIVE ACTIVITIES
The survey is one of the simplest and most effective operational investigative measures in tactical and documentary terms, therefore, no criminal proceedings can do without this operational investigative measure. In its form, it almost does not differ from the procedural action – obtaining explanations. But the survey has certain conditions, nuances, as well as distinctive features from such events as questioning, obtaining explanations that should be identified and clarified. This is the relevance of this article.
Keywords: interview, interrogation, obtaining explanations, operational search measures, operational and investigative activities, immunity, conditions of the survey, deputy, senator, judge.
Bibliographic list of articles
1. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
2. Federal Law “On Operational Investigative Activities” dated August 12, 1995 No. 144-FZ (latest edition). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
3. Law of the Russian Federation “On the status of judges in the Russian Federation” dated June 26, 1992 No. 3132-1 (latest edition). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
4. Federal Law “On the status of a senator of the Russian Federation and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” dated 05/08/1994 No. 3-FZ (latest edition). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
5. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023) (with amendments and additions coming into force from October 12, 2023). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
6. Trifonova N. A. About some problems of conducting a survey in operational investigative activities // Siberian Legal Bulletin. 2006. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-problemah-provedeniya-oprosa-v-operativno-rozysknoy-deyatelnosti (date of access: 10/07/2023).
7. Abidov A. S. Survey as an operational investigative measure and the use of its results: specialty 12.00.09 “Criminal trial. Forensic science and forensic examination; operational-search activity”: abstract of a dissertation for the degree of candidate of legal sciences; Vladimir Law Institute of the Federal Penitentiary Service. Vladimir, 2006. 24 p. – Bibliography: pp. 13-20.
8. Lear M. Yu. Survey in operational search and investigative activities (genesis, problems of theory and practice): specialty 12.00.09 “Criminal process. Forensic science and forensic examination; operational-search activity”: abstract of a dissertation for the degree of candidate of legal sciences; Petersburg Law Institute. St. Petersburg, 2004. 28 p. – Bibliography: p. 17-25.
9. Bilyaev V. A., Klimovsky A. S., Yuzvak S. A. On the need for legislative reinforcement of provisions on the results of operational investigative activities as evidence in criminal cases // Eurasian Legal Journal. 2022. No. 8 (171). pp. 268-271.
CRIMINOLOGY
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue of the Academy of EMERCOM of Russia, Zheleznogorsk
VETLOVA Yana Vyacheslavovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue of the Academy of EMERCOM of Russia, Zheleznogorsk
CRIMINOLOGICAL STUDY OF THE RECIDIVIST’S PERSONALITY
The article reveals the concept of “recidivist personality”. The authors draw attention to the importance of understanding the mechanisms of criminal behavior of a recidivist. The authors have highlighted the key characteristics of the personality of repeat offenders, for its study and identification of factors contributing to relapse. In addition, the methods of studying the personality of a repeat offender are indicated. As well as measures that contribute to reducing, as well as preventing the recurrence of the crime.
Keywords: criminal, recidivist, personality, criminological research, prevention of repetition of crime.
Bibliographic list of articles
1. Bulaev M.I. Determinants of recidivism // Russian investigator. – 2007. – No. 13. – P. 15.
2. Zelinsky A.F. Recidivism of crimes (structure, connections, forecasting). – Kharkov, 1980. – 270 pp.
3. Criminology / Under. ed. prof. V. K. Zvirbul. – M.: Legal literature, 2005. – 305 p.
4. Criminology: Textbook for universities / Ed. ed. A. I. Dolgovoy. – M.: Pravo, 2001. – 848 p.
5. Criminology: Textbook / Ed. prof. V. D. Malkova. – M.: Justitsinform, 2004. – 410 p.
6. Popov V.I. Recidivism and organized crime. – M.: Yurist, 1998. – 175 p.
7. Shoshin S.V. Measures to reduce recidivism in Russia // Citizen and Law. – 2007. – No. 7. – P. 21.
CRIMINOLOGY
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABDULOVA Zarema Huseynova
magister student of the 2nd course of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
THE MAIN DIRECTIONS FOR COUNTERING FEMALE RECIDIVISM
Female recidivism is a dangerous negative social phenomenon. The repeated commission of a crime by a woman indicates her persistent antisocial attitude. Analysis of the main causes of this type of crime, in our opinion, makes it possible to divide them into three main factors: socio-economic and cultural factors, psychological and psychiatric aspects, lack of rehabilitation programs and social support. The lack of effective rehabilitation programs and the lack of social support for women culminates in crimes can cause repeated offenses. The analysis of measures for the prevention of female relapse used in foreign countries suggests that our state should adopt their positive experience.
Keywords: Female recidivism, crime, causes, prevention, foreign experience.
Bibliographic list of articles
1. Data from the Judicial Department of the Supreme Court of the Russian Federation for the 1st half of 2022. [Electronic resource]. – Access mode: http://cdep.ru/
2. Artemyev N. S. Causes and conditions of recidivism and the main measures for its prevention // Criminal-executive law. 2006. No. 2 (2). pp. 6-9.
3. Morozov A. Yu. Recidivism and recidivism of women: abstract. dis. …cand. legal Sci. – Stavropol: SSU, 2000. – 30 p.
4. Zotov E. P., Mayorov A. V. Current problems in the fight against recidivism: a course of lectures. – M.: TsOKR Ministry of Internal Affairs of Russia, 2010. – 120 p.
5. Bolotin V. S. Recidivism: assessment parameters, main indicators and problems of legal regulation of activities to prevent it // Central Russian Bulletin of Social Sciences. – 2008. – No. 4 (9). – pp. 78-88.
6. Varlamova O.F. Prevention of recidivism in Japan // International criminal law and international justice, 2021. – No. 1. – P. 32
7. Rehabilitation. Correctional programs in the United States. [Electronic resource]. – Access mode: https://law.jrank.org/pages/1935/Rehabilitation-Correctional-programs-in-unitedstates.html (access date: 09/15/2023).
CRIMINOLOGY
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch inIzberbash
AYUBOVA Shuayanat Israpilovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
MUSAKAEVA Zarema Zalimkhanovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
CRIMINOLOGICAL ANALYSIS OF THE MURDER OF A NEWBORN BABY BY A MOTHER
The article presents the results of a criminological study of the personality of women sad of murdering their newborn child; the main motives of criminal behavior are revealed. Statistical data on crime in general, on female crime and infanticide in Russia are analyzed. The portrait of the mother of the murderer of a newborn child with her biological, social and psychological characteristics is given. Typical situations in which the mother of a newborn child can commit his murder are described.
Keywords: mother’s murder of a newborn child; motives for killing newborns; reasons for killing newborns and favorable conditions for them; maternal instinct; unconscious in the psyche.
Bibliographic list of articles
1. Antonyan Yu. M., Goncharova M. V., Kurguzkina E. B. Murder by a mother of a newborn child: criminal legal and criminological problems // Lex russica. 2018. No. 3. P. 94-114.
2. Moskvitina M. M. Criminological characteristics of pregnant women sentenced to imprisonment // Criminal enforcement system: law, economics, management. 2021. No. 4. pp. 18-22.
CRIMINOLOGY
PICHUGIN Sergey Andreevich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of FPS of Russia
SOCIO-DEMOGRAPHIC AND CRIMINAL-LEGAL CHARACTERISTICS OF THOSE CONVICTED OF ORGANIZING THE ACTIVITIES OF AN EXTREMIST ORGANIZATION (ARTICLE 282.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article is devoted to the consideration of significant socio-demographic and criminal-legal characteristics of those criticism of organizing the activities of an extremist organization, provided for in Article 282.2 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The author presents and analyzes the quantitative characteristics of convicts under Article 282.2 of the Criminal Code of the Russian Federation for the last five years (2018-2022) on the basis of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation. A brief socio-demographic and criminal-legal characteristics of the category of convicts under consideration are given. In the final part, conclusions are drawn on the topic of the study.
Keywords: convicts, extremism, extremist organization, organization of the activities of an extremist organization, participation in the activities of an extremist organization, punishment, criminal law, socio-demographic characteristics, criminal-legal characteristics.
Bibliographic list of articles
1. Goryunov D.E. Criminological features of the personality of a convicted person involved in the spread of extremism in a correctional facility // Bulletin of the Samara Legal Institute. – 2021. – No. 1 (42). – pp. 125-130. – DOI 10.37523/SUI.2021.42.1.019.
2. Kazberov P. N., Novikov V. V. Socio-psychological portrait of persons convicted of extremist and terrorist activities // Gazette of the penal system. – 2015. – No. 4 (155). – pp. 6-9.
3. Kazberov P. N., Bovin B. G. General characteristics of persons convicted of extremist and terrorist crimes // Psychology and Law. – 2019 (9). – No. 1. – P. 36-53.
4. Kazberov P. N., Spasennikov B. A., Tyunkov V. V. Personality features of those convicted of crimes of a terrorist and extremist nature / DOI: 10.17150/2500-4255.2019.13(6).921-931 // All-Russian Journal of Criminology . – 2019. – T. 13. No. 6. – P. 921-931.
5. Kulakova S.V. Main typological characteristics of women convicted of terrorist and extremist activities // Gaps in Russian legislation. – 2018. – No. 6. – P. 214-215.
6. Novikov A.V., Nilova L.A., Kulakova S.V. Psychological characteristics of those convicted of extremist activity as an object of penitentiary research // Psychology. Historical-critical reviews and modern research. – 2017. – T. 6. – No. 4A. – pp. 107-117.
CRIMINOLOGY
CHERNOYAROVA Irina Mikhaylovna
adjunct of the Faculty of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
CRIME PREVENTION OF CONVICTED WOMEN HELD IN PLACESOF ISOLATION, ITS TYPES AND LEVELS
The article deals with the problem of crime prevention both in general and within a separate category, namely shocking women. The organization of crime prevention is one of the fundamental problems both in world society and at the level of a single State. Also, a more specific classification of levels and types of crime prevention is reflected, foreign experience is analyzed, and measures are proposed to prevent the crime of controversial women within the framework of vertical differentiation of crime prevention levels. It is important for the personality of a complimentary woman to have properly instilled value orientations, since they are the main incentive for lawful behavior, and also play an important role in achieving the goals set by the individual.
Keywords: prevention of female crime, convicts, types of crime prevention, levels of crime prevention.
Bibliographic list of articles
1. Cherkashin A.V. Basic instruments of legal influence on public relations in order to prevent and solve violent crimes of a sexual nature against minors // Modern law. – 2016. – No. 6. – P. 90-95.
2. Kuzmina N.V. Criminology and crime prevention: textbook. – M.: INFRA-M, 2024. – 222 p.
3. Gladyr Yu. F. Crime prevention system: history of development and current state: Dis. …cand. legal Sci. – St. Petersburg, 2005.
4. Antonyan Yu. M. General concept of crime prevention // Man: crime and punishment. – 2013. – No. 3 (82). – P. 194.
5. Vetrov N.I. Criminological characteristics of youth offenses. – M., 1981. – P. 9.
6. Gerasimov S.I. Crime prevention: experience, problems (ways and means of resolution) // Prosecutor’s and investigative practice. – M., 2001. – No. 3-4. – pp. 44-62.
7. Abadzhyan A.V. Problems of penitentiary crime / Under. ed. prof. Yu. M. Antonyan. – M.: All-Russian Research Institute of the Ministry of Internal Affairs of Russia, 2001. – 100 p.
8. Nadymova A. A. Concept, types and levels of crime prevention // Domestic jurisprudence. – 2020. – No. 4 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-vidy-i-urovni-preduprezhdeniya-prestupnosti (date of access: 10/07/2023).
9. Kravchenko E. V. Crime prevention: regional program. — Text: direct // Law: modern trends: materials of the II International. scientific conf. (Ufa, April 2014). – T. 0. – Ufa: Summer, 2014. – P. 124-126. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/114/5481/ (access date: 10/09/2023).
10. Molchanova T. Yu. Prevention of recidivism: US experience // Current issues in the fight against crime. – 2023. – No. 1. – P. 51-53.
11. Nosova L. A., Pavlova T. A. Concept, essence and content of value orientations of the individual // Colloquium-Journal. – 2019. – No. 9-6 (33). – P. 159.
CRIMINOLOGY
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
MUSAKAEVA Zarema Zalimkhanovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
ABDULLAEVA Umukusum Akhmedkhanovna
Ph.D. in political sciences, associate professor of the Dagestan State Pedagogical University
THE PROBLEMS OF THE VICTIMOLOGICAL ASPECT OF FEMALE CRIME IN PLACES OF DETENTION
The article discusses some aspects of female criminality as a subject of victimological research. The article analyzes how a woman becomes a victim of a crime in places of deprivation of liberty. The article presents the results of a study of the criminal subculture of outstanding women. The environment of convicts negatively affects the personality, increasing the degree of its desocialization, criminalization.
Keywords: victimology, distressing women, imprisonment, correctional colonies, law enforcement agencies, criminal subculture.
Bibliographic list of articles
1. Gadzhieva A. A. Victimological aspects of female crime: statement of the problem // NovaInfo. Legal sciences. 2019. No. 104. pp. 46-48.
SAFETY AND LAW
OVCHINSKIY Anatoliy Semenovich
Ph.D. in technical sciences, professor, Academician of the Russian Academy of Natural Sciences, professor of Information security sub-faculty of the Educational and Scientific Complex of Information Technologies of the V. Ya. Kikot Moscow University of the MIA of Russia
BORZUNOV Konstantin Konstantinovich
Ph.D. in technicalal sciences, senior researcher, associate professor of Information security sub-faculty of the Educational and Scientific Complex of Information Technologies of the V. Ya. Kikot Moscow University of the MIA of Russia
ZHURAVLENKO Nikolay Ivanovich
Ph.D. in Law, associate professor, associate professor of Mathematical modeling and information security sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology
EREMEEV Denis Viktorovich
Ph.D. in Law, associate professor, associate professor of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
DESTRUCTIVE IDEOLOGIES AS A THREAT SECURITY IN THE WORLD OF DIGITAL COMMUNICATIONS
The article discusses current problems of combating ideologies that have a destructive impact on human consciousness, creating threats to the information security of the individual, society and the state. Particular attention is paid to the study of ideologies of religious, national-ethnic and political extremism, considered in the system of information coordinates.
Keywords: destructive ideologies, information security, mental-cognitive war, mental war, extremist ideologies, information coordinate system.
Bibliographic list of articles
1. Ovchinsky A. S., Borzunov K. K., Chebotareva S. O. Information coordinates. Control. Confrontation. Safety. – M.: Hotline – Telecom, 2018. – 270 p.
2. Yakovets E. N., Ovchinsky A. S., Zhuravlenko N. I. Analytical work in operational investigative activities: monograph. In 2 volumes. T. II. – Ufa: RIC BashSU, 2023. – 248 p.
3. Ilnitsky A. S. Criminal ideology on the Internet: theoretical and socio-legal prerequisites for criminological knowledge // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (50). – pp. 49-53.
4. Gorokhova V.V. Religious studies: textbook. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2022. – 140 p.
SPORTS LAW
ASADULLIN Murad Rinatovich
Ph.D. in Law, associate professor of Political sciences sub-faculty of the Ufa University of Science and Technology
ON THE ISSUE OF SELF-ORGANIZATION OF SPORTS
The article is devoted to the problem of self-organization of professional sports movement. Attention is drawn to the fact that the Olympic Charter, as a set of key provisions on sports, without affecting the right of sovereign States to implement their own policies in sports, has a universal and universal character, and to which one can voluntarily join. At the same time, without such rules, it is not possible for sport to exist as a uniformly understood and interpreted behavior.The author, having analyzed the essence of the concept of “self-organization”, correlating it with similar categories (“self -regulation” and “self-government”), comes to the conclusion that the content of the concept of the term under study is broader than the concepts of “self-regulation” and “self-government”, and today it would be logical for the organization of a sports movement to initially form some kind of “viable” the design of the organization, determine its structure, organs, goals, and only then “regulate” its work.
Keywords: sport, Olympic Charter, sports movement, self-organization, self-regulation.
Bibliographic list of articles
1. Ainabek K. S. Socio-economic nature and content of self-organization of public management. [Electronic resource]. – Access mode: www.group-global.org/publication/view/6878 (date of access: 10/12/2023).
2. Belyaeva A. A. The nature of social self-organization // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – pp. 12-15.
3. Vaskevich V. P. Some issues of law enforcement in disputes related to the professional activities of an athlete // Bulletin of civil process. – 2022. – No. 3. – P. 190-215.
4. Goz S. M. Self-organization of an enterprise in modern conditions: abstract of thesis. …cand. economy Sci. – Voronezh, 2004. – 23 p.
5. Civil law: Textbook: In 3 volumes / E. N. Abramova, N. N. Averchenko, Yu. V. Baigusheva [etc.] / ed. A. P. Sergeeva. – M.: RG-Press, 2010. – T. 1. – 880 pp.
6. Egorova M. A. The place of self-regulation in the system of social norms // Competition law. – 2013. – No. 2. – P. 21-22.
7. Zasemkova O. F. Superimperative norms: theory and practice. – M.: Infotropik Media, 2018. – P. 4-6.
8. Kadantsev V. N. Stability and evolution of dynamic systems. Fundamentals of synergetics: Textbook. allowance. Part 1. – Saratov: University Education, 2019. – 205 p.
9. Kostyuchenko N. I. Uncertainty in the relationship between the concepts “Organization” and “Management”“relation” as a cause of problems in management theory and practice // Society and Law. – 2017. – No. 2 (60). – pp. 260-264.
10. Lerner B. E. Civil contracts as a means of self-organization of passenger transportation in automobile transport: dis. …cand. legal Sci. – M., 2012. – 220 pp.
11. Malinovsky A. A. Code of Professional Ethics: Concept and Legal Importance // Journal of Russian Law. – 2008. – No. 4. – P. 39-44.
12. Meyer K., Davis S. Living organization: a company as a living organism: the coming convergence of computer science, nanotechnology, biology and business / Christopher Meyer, Stan Davis; [transl. from English: A. Stativka]. – Moscow: Good Book, 2007. – 366 pp.
13. Petrov D. A. Legal status of a self-regulatory organization in the field of entrepreneurship: abstract of thesis. … doc. legal Sci. – St. Petersburg, 2016. – 58 p.
14. Pierre de Coubertin presented to the delegates of the Paris Constituent Congress (1894) his manuscript entitled “Regulations” (Stupp N. TheEvolutionoftheLegalStatusoftheInternationalOlympicCommitteeintheXXthCentury.The Report of the XXVIllth session of the International Olympic Academy. 29th June – 14th July. 1988. – Ancient Olympia – P. 153).
15. Romanov V. L. Social self-organization and public administration: abstract of thesis. … Doctor of Sociological Sciences: 22.00.08 / Ros. acad. state services under the President of the Russian Federation. – Moscow, 2001. – P. 13.
16. Rubtsova N.V. Self-regulation of entrepreneurial activity: a view from the position of a synergetic approach // Legal science. – 2016. – No. 4. – P. 80-85.
17. Salieva R. N. Institute of self-regulation as a legal means of stimulating the development of self-organization in the field of entrepreneurship in the fuel and energy complex of modern Russia // Competition law. – 2019. – No. 4. – pp. 16-21.
18. Semenikhin M. A. Co-regulation of economic activity: development prospects // Dynamics of legal establishment and legal implementation in the sphere of public legal relations: collection of scientific articles / National Center for Legislation and Legal Research of the Republic of Belarus in the Center for Legal Research. – 2022. – Issue. 4. – pp. 40-54.
19. Smirnov V. E. Citizenship and civil society. Self-organization and social order. Monograph. Publishing house Belarusian Science. – 2013. – 560 pp.
20. Sorokin V.V. The phenomenon of self-organization of the legal system // Modern law. – 2005. – No. 7. – P. 45-51.
21. Sokhin Yu. G. Olympic Charter as the legal basis for the functioning of the IOC // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2003. – No. 2. – P. 90-95.
22. Stepin V. S. Theoretical knowledge: Structure, history. evolution. – Moscow: Progress-Tradition, 2003 (Lyubertsy (Moscow region): PIC VINITI). – 743 pp.
23. Sungatullina L. A. Functions of self-regulatory organizations // Uchen.zap. Kazan University Ser.: Humanite. Sciences. – 2014. – No. 4. – P. 118.
24. Tikhomirov Yu. A. Management of the affairs of society. – M.: Legal. lit., 1994. – pp. 193-213.
25. Tsvetkov I.V. Contractual discipline in entrepreneurial activity: dis. … doc. legal Sci. – M., 2006. – 336 pp.
26. Chuikov S. A. Civil society as a factor of self-organization of the social system // Bulletin of Kostroma State University. – 2007. – No. 3. – P. 262-266.
27. Chernikov A. E. Constitutional and legal regulation of notaries in modern Russia: abstract. dis… cand. legal Sci. – Belgorod, 2008. – 23 p.
28. Shundikov K.V. Management and self-organization in legal regulation: monograph. – M: Yurlitinform, 2019. – 406 pp.
29. Olympic Charter. IOC, 2001. – Fundamental Principles. Para. – 8. – P. 11.
30. Nafziger J. International Sports Law. Transnational Publishers, USA, 1988. – P. 34.
STATE AND LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
RAK Evgeniya Alexeevna
Ph.D. in sociological sciences, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
RAK Vadim Evgenjevich
Consultant of the Department of Analytical and Licensing Work of the Ministry of Energy and Housing and Communal Services of the Nizhny Novgorod region
IMPROVEMENT OF METHODS FOR ASSESSING THE PERSONNEL OF PUBLIC AUTHORITIES AND LOCAL SELF-GOVERNMENT
The article examines the methods used in Russia to assess the personnel of public authorities and local self-government, including the legislatively approved method of “certification” of state civil and municipal employees, the methodology recommended by the Ministry of Labor of Russia for a comprehensive assessment of the professional performance of a state civil servant, analyzes the shortcomings of these methods. The authors of the article propose to introduce the Assessment -assessment method and the BARS method into the system of state civil and municipal service.
Keywords: public authorities and local self-government, methods of personnel assessment, Assessment assessment, BARS method.
Bibliographic list of articles
1. Andryukhina I. Yu. Methods for assessing the professional performance of government civil servants. In the collection: Modern state and municipal management: in search of resources and technologies for social development. Collection of scientific papers of the All-Russian Scientific and Practical Conference. Dzerzhinsk, 2021. pp. 16-19.
2. Borshchevsky G. A. Reforming the public service in Russia: results and prospects. Issues of state and municipal administration. 2014. No. 2. P. 66.
3. Andryukhina I. Yu., Karama L. L. Modern approaches to assessing the effectiveness of official activities of state civil and municipal employees. Eurasian legal journal. 2022. No. 2 (165) P.98-99.
4. Goncharova E. A., Rukin K. N. Using the Assessment Center methodology in assessing civil servants of the Lipetsk region. Public service. Control technologies. 2021. Volume 23. No. 3. P. 25.
5. Spivak V. A. Personnel management for managers: a textbook. [Electronic resource]. – Access mode: https://marketing.wikireading.ru/41984
STATE AND LAW
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SMIRNOVA Irina Anatoljevna
senior lecturer of Physical education sub-faculty of the Tyumen Industrial University
THE RIGHT TO REALIZE THE LIFE ASPIRATIONS OF YOUTH
The article discusses the results of an online survey conducted to assess the implementation of the life attitudes of young people living in rural settlements in the south of the Tyumen region in August 2023. To assess the life attitudes of rural youth, indicators were developed that were tested during the online survey: the proportion of youth who wants to connect her life with her small homeland, is involved in the activities of regional public organizations, ready to work and improve the quality of life in the countryside, develop their own settlement on social networks, maintains and leads a healthy lifestyle, etc.
Keywords: rural youth, life attitudes, small homeland, public organizations, social networks.
Bibliographic list of articles
1. Sadykova Kh. N. Youth and society // Sociological studies. – 2020. – No. 12. – P. 156.
2. Khairullina N. G., Sadykova Kh. N. Youth entrepreneurship: assessments of Tyumen students // In the collection: Methodology for preventing threats in the 21st century. Collection of scientific papers. – Irkutsk, 2022. – pp. 251-255.
3. Khairullina N. G. Sustainable socio-political development of the Tyumen region: dynamics of indicators // Eurasian Legal Journal. – 2015. – No. 4 (83). – pp. 194-196.
4. Khairullina N. G. Russian civil society: regional aspect // Eurasian Legal Journal. – 2020. – No. 4 (143). – pp. 375-376.
PEDAGOGY AND LAW
OZERSKIY Sergey Vladimirovich
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Management and information technology support for the activities of the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
ON THE NEED TO FORM THE DIGITAL COMPETENCE OF LEGAL TEACHERS IN MODERN CONDITIONS
The paper discusses issues related to the formation of the digital competence of legal teachers in modern conditions. The relevance of this topic is explained by the rapid penetration of digital technologies into various spheres of human activity, including the legal field. In the course of the study, it was established which skills of legal teachers relate to digital competencies and their impact on the quality of modern legal education.
Keywords: legal education, digitalization, information technology, digital competencies.
Bibliographic list of articles
1. Naidis I. O. Digital competence as a basic factor in successful professional activity // Modern Science. – 2019. – No. 11-4. – pp. 126-131.
2. Kubrushko P. F., Shingareva M. V., Atapina Yu. A. Formation of digital competenceaspects of a college teacher in the process of continuing education // RMAT Bulletin. – 2021. – No. 2. – P. 78-84.
3. Ershova I.V., Enkova E.E. “Digital” competencies of lawyers: concept, practice, problems of formation // Current problems of Russian law. – 2020. – T. 15. No. 6 (115). – pp. 225-236.
4. Markova N. G., Garieva D. R. Improving the digital competence of teachers in the conditions of advanced training // Bulletin of the Naberezhnye Chelny State Pedagogical University. – 2023. – No. 2 (45). – Special issue. Part II. – pp. 29-32.
5. Mikheeva T. B. “Competence” and “competence”: on the issue of using concepts in modern Russian education // Scientific notes of the Trans-Baikal State Humanitarian Pedagogical University named after N. G. Chernyshevsky. – 2011. – No. 5 (40). – pp. 110-114.
6. Corporate training for the digital world / Ed. V. S. Katkalo, D. L. Volkova. – 2nd ed. – M.: Sberbank Corporate University, 2018. – 236 p.
PEDAGOGY AND LAW
TIMASHENKOVA Vera Petrovna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the Ministry of Internal Affairs of Russia
PEDAGOGICAL SUPPORT OF PATRIOTISM OF CADETS OF EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the concept of patriotism as a fundamental aspiration of all students in the educational centers of the Ministry of Internal Affairs and those already working in these institutions. The importance of the Ministry of Internal Affairs, namely as the main body protecting the citizens of their own country, their interests and freedoms, is indicated, that students in educational institutions of the Ministry of Internal Affairs will soon become real employees of the services. The author also proves that in order to fulfill their duties in the future, cadets already need to instill patriotism and love for their own homeland.
Keywords: pedagogical support, patriotism, cadets, educational institutions, Ministry of Internal Affairs.
Bibliographic list of articles
1. Arakelyan G.L., Bichan N.V., Starkov M.A. Features of the formation of the patriotic position of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – P. 134-138.
2. Arakelyan G. L., Slobodchikova T. S., Orekhova I. L. The essence and features of pedagogical support for the formation of the patriotic position of cadets of the Ministry of Internal Affairs of Russia // Bulletin of the South Ural State Humanitarian Pedagogical University. – 2019. – No. 6. – P. 21-43.
3. Varlamov S. A. Formation of professional and environmental competence of cadets of universities of the Ministry of Internal Affairs of Russia in the process of psychological and pedagogical support of extracurricular activities // Notes of a scientist. – 2020. – No. 12. – P. 155.
4. Glushchenko O.P., Kipreev S.N. Formation of patriotism among students of educational organizations of the Ministry of Internal Affairs of Russia by commanders of cadet units // Police activity. – 2023. – No. 1. – P. 62-70.
5. Zhigalova E. A., Komleva K. N. Features of spiritual and moral development and personality education of cadets of universities of the Ministry of Internal Affairs through the formation of social competence // Modern Science. – 2021. – No. 5-1. – pp. 286-298.
6. Kipreev S.N. Formation of patriotism among cadets of educational organizations of the Ministry of Internal Affairs of Russia in the process of everyday activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (94). – pp. 191-198.
7. Leonov A.V. Patriotic education of students in the Volgodonsk branch of the Russian Youth Institute of the Ministry of Internal Affairs of Russia // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 188-190.
8. Nikitskaya E. A., Evseeva I. G. Innovative experience in the implementation of social education in the context of professional socialization of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of Economic Security. – 2023. – No. 2. – P. 260-266.
9. Pichkurov A. A. Professional education of cadets of military universities // News of Saratov University. New episode. Series Acmeology of education. Developmental psychology. – 2021. – T. 10. – No. 4 (40). – pp. 352-359.
10. Triputin S. N. et al. Psychological and pedagogical support for the formation of emotional stability, the physical component of professional competence of students, cadets of universities of power structures // Physical culture and sport in professional education. – 2020. – pp. 256-260.
PEDAGOGY AND LAW
TUTOVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
LEARNING AS ONE OF THE WAYS TO COUNTERACT THE SOCIAL ENGINEERING
The article describes the concept of social engineering. It highlights the methods of social engineering and the features of counteraction by the method of social engineering. In addition, it is proposed as one of the ways to counteract social engineering to consider the specifics of committing such crimes with students.
Keywords: crime in the field of information and communication technologies, the social engineering, learning of employees of the internal affairs bodies.
Bibliographic list of articles
1. Tutova O. V. Features of trace formation when committing crimes in the field of information and communication technologies. Eurasian legal journal. 2022. No. 10 (173). pp. 441-443.
2. Butkevich S. A. Personal security in cyberspace (counter-extremist concept) // Philosophy of Law. 2020. No. 4 (95). pp. 24-30.
3. Kashkarov A. A. Criminalization of the creation, placement, maintenance and use of an imitation information resource in information and telecommunication networks, including the Internet // Ensuring public security and combating crime: tasks, problems and prospects. [Electronic resource]: materials of Vseros. scientific-practical conf. (May 20, 2022) / General. ed. S. A. Butkevich. – Electron. Dan. Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. pp. 129-130.
4. Okunev B.V., Ryndina A.S., Stavtsev N.O. The threat of social engineering methods to the information security of an organization // Energy, computer science, innovation – 2019: collection of proceedings of the IX International Scientific and Technical Conference. Smolensk, October 17-18, 2019. 2019. Volume 2. pp. 174-177.
5. Laminina O. G. Possibilities of social engineering in information technologies // Humanitarian, socio-economic and social sciences. 2017. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozmozhnosti-sotsialnoy-inzhenerii-v-informatsionnyh-tehnologiyah.
PEDAGOGY 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 REDUCING MEDIA RISKS IN THE SYSTEM OF HIGHER PROFESSIONAL EDUCATION OF THE PENITENTIARY SYSTEM OF RUSSIAN FEDERATION
The paper addresses the issues of the changing role of the media sphere in modern departmental professional education. Such trends of higher professional education as the growing influence of mass media on cadets and the risks associated with the active use of mass media (mass media) are noted. Despite the possible psychological and communicative negative consequences of active interaction with the sphere of media consumption, the inevitable influence of media on modern life is noted. Considering the mass media as a means of self-education, self-development and features of modern network behavior, the author comes to the conclusion that there is an objective need for interaction between online and offline education. The work is aimed at determining the influence of the media on the life of a modern student of a departmental university, considering possible risks and analyzing user behavior in the process of online learning.
Keywords: digital culture, digital literacy, educational process, distance learning, media risks, mass media, penal enforcement system of the Russian Federation.
Bibliographic list of articles
1. Aseeva I. A. Media risks and transformation of culture // Bulletin of the Moscow State Linguistic University. Humanitarian sciences. – 2023. – No. 2 (870). – pp. 149-157.
2. Tsarkova E. G. On the issue of using massive open online courses in the professional training of employees of the penal system // Anthropogogy. – 2022. – No. 1 (5). – P. 41-50.
3. Kirillova N. B. Manuel Castells: strategy of Internet culture of the information era // Modern science: current problems of theory and practice. Series: Cognition. – 2021. – No. 12. – P. 15-19.
4. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Penal Codes of the Russian Federation: problems and development prospects: Collection of materials from the round table within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – P.45-47.
5. 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 // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 430-431.
6. Petrova S. A. Media risks and fake information from the perspective of interaction between the media and authorities // Scientific works of the North-West Institute of Management RANEPA. – 2023. – T. 14. No. 5 (62). – P. 72-75.
7. Tsarkova E. G., Kochkina O. V. Aspect of the application of the ontological approach in teaching artificial intelligence in the implementation of professional education of employees of the penal system of the Russian Federation // Bulletin of the penal system. – 2022. – No. 12 (247). – P. 73-80.
8. Pishchova A. V., Davydovsky A. G. Risks of media socialization in ensuring media safety of students // Education as a factor in the development of the intellectual and moral potential of the individual and modern society: Proceedings of the VII International Scientific Conference, St. Petersburg, November 09-10, 2017 . – St. Petersburg: Leningrad State University named after. A. S. Pushkina, 2017. – P. 26-32.
9. Shaukhalova R. A., Yarychev N. U. Digital culture of undergraduate students as a competitive advantage of a modern specialist // World of science, culture, education. – 2019. – No. 5. – P. 348-350.
10. Tsarkova E. G., Bodrov E. N. On the issue of the formation of digital culture in the process of professional training of employees of the penal system of the Russian Federation // Eurasian Legal Journal. – 2023. – No. 3 (178). – pp. 377-379.
PSYCHOLOGY AND LAW
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
ZHABKIN Anton Sergeevich
Ph.D. in Law, senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
GAZIZYANOV Timur Albertovich
Head of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TUKUMBETOV Roy Alikovich
senior inspector of the Yelizovsky FKU UII of the FPS of Russia for the Kamchatka Territory, lieutenant of the internal service
CAUSES OF PROFESSIONAL DEFORMATION OF POLICE OFFICERS AND WAYS TO OVERCOME IT
Professional deformation is a complex phenomenon that police officers face in their daily activities. This article discusses the features of professional deformation among police officers, the causes of professional deformation and ways to combat this problem. Based on literary studies and empirical studies, the authors present an analysis of the impact of professional deformation on the psychological health of police officers and pedagogical conditions conducive to the prevention of professional deformation among law enforcement officers.
Keywords: professional deformation, professional adaptation, police officer, stress management, professional burnout, internal affairs bodies.
Bibliographic list of articles
1. Korsun K. I., Zadorina M. A. Prevention of professional deformation of employees of internal affairs bodies: psychological, pedagogical and organizational and legal aspects // Police activity. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-professionalnoy-deformatsii-sotrudnikov-organov-vnutrennih-del-psihologo-pedagogicheskiy-i-organizatsionno-pravovoy (date of access: 09/21/2023).
2. Maltseva T.V., Kuptsov A.A. The relationship between the mechanisms of psychological protection and the syndrome of emotional burnout among police officers // Psychopedagogy in law enforcement agencies. – 2019. – No. 1 (76). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vzaimosvyaz-mehanizmov-psihologicheskoy-zaschity-i-sindroma-emotsionalnogo-vygoraniya-u-sotrudnikov-politsii (date of access: 09/21/2023).
3. Rastyapina Yu. Yu. Professional deformation of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-deformatsiya-sotrudnikov-ovd (date of access: 09/21/2023).
4. Savich I. I., Kanunnikov R. I. Deformation of value orientations among employees of internal affairs bodies: theoretical aspects // Bulletin of pedagogy and psychology of Southern Siberia. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deformatsiya-tsennostnyh-orientatsiy-u-sotrudnikov-organov-vnutrennih-del-teoreticheskie-aspekty (date of access: 09/21/2023).
5. Urazaeva G.I. Professional deformation of police officers in the aspect of emotional burnout: withsocial and psychological conditions, mechanisms, features, factors // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2014. – No. 2 (16). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-deformatsiya-sotrudnikov-politsii-v-aspekte-emotsionalnogo-vygoraniya-sotsialno-psihologicheskie-usloviya (date of access: 09/21/2023).
6. Chepeleva N. A., Kharkova O. A. Professional deformation of civil servants // Innovative science. – 2020. – No. 10. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-deformatsiya-gossluzhaschih (date of access: 09/23/2023).
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, associate professor of the K.G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
ON THE ISSUE OF REGULATORY AND LEGAL REGULATION OF THE ACTIVITIES OF PRIVATE MILITARY COMPANIES IN THE RUSSIAN FEDERATION
This article discusses the issue of the regulatory status of private military companies, the introduction of relevant bills by deputies of the State Duma of the Federal Assembly of the Russian Federation. This topic has become particularly relevant in connection with the conduct of a Special military operation and the participation of a number of PMCs and volunteer associations, including Cossack ones, in it, the need to determine the status of participants who are not military of the Armed Forces of the Russian Federation.
Keywords: State Duma of the Russian Federation, lawmaking, mercenary activity, private military companies.
Bibliographic list of articles
1. Bredikhin A.V. Military service of the Cossacks in the security system of the South of Russia (on the example of the Rostov region) // Bulletin of Volgograd State University. Episode 4. History. Regional studies. International relationships. – 2020. – T. 25. No. 5. – P. 234-243.
2. Bredikhin A.V., Gekkaya K.H. Military-political aspects of the development of Russian-Turkish relations // Archon. – 2018. – No. 4 (7). – pp. 29-33.
3. Breaking hegemony: a new study of the construction of international order and a system of global governance in a new era / Under the general editorship of Anton Viktorovich Bredikhin, candidate of historical sciences. – M.: ANO TSEMI, 2023. – 126 p.
ECONOMY. RIGHT. SOCIETY
AVDEEVA Larisa Alexeevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
SOLOVJOVA Irina Anatolyevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
MUNIROVA Guzelia Rinatovna
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
IMPROVING THE ALGORITHM FOR ASSESSING THE ECONOMIC EFFICIENCY OF PROJECTS FOR THE DEVELOPMENT OF OIL TRUNK TRANSPORT ENTERPRISES
The article substantiates the expediency of monitoring and controlling the performance indicators of an investment project at all stages of its life cycle and suggests an algorithm for its implementation at the project implementation stage.
The proposed algorithm provides systematization of the process of analyzing and monitoring the progress of the project, contributes to the achievement of the goals and compliance of the actual results of the project with the target indicators of its effectiveness.
Keywords: investment project, efficiency, algorithm, implementation, methodological approach, monitoring, control, life cycle, oil trunk transport
Bibliographic list of articles
1. Gumerov A.G., Avdeeva L.A., Raschepkina N.S. On the factors that determine the value of tariffs for oil pumping // Pipeline oil transport. – 1997. – No. 6. – P. 29-31.
2. Avdeeva L. A., Bespalova E. V. On the issue of optimizing material and technical supply for the construction of gas pipelines in difficult natural and climatic conditions // Problems and trends in the development of innovative economy: international experience and Russian practice: materials of the I International Scientific and Practical Conference . Federal State Budgetary Educational Institution of Higher Professional Education “Ufa State Petroleum Technical University”. – 2013. – pp. 9-11.
3. AvdEeva L. A., Bespalova E. V. On the main directions of increasing the efficiency of the system of material and technical support for the construction of gas pipelines (using the example of LLC “Sakhalin Gas Komplekt Trading House”) // Contentus. – 2014. – No. 1 (18). – pp. 60-69.
4. Avdeeva L. A., Musabirova K. M. On the effectiveness of the project for the reconstruction of an ethylene production plant // Problems and trends in the development of an innovative economy: international experience and Russian practice: Materials of the III International Scientific and Practical Conference. – Ufa: Publishing house of USNTU, Institute of Economics, 2015. – pp. 11-13.
ECONOMY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of the Ufa State Petroleum Technical University
GROGULENKO Anastasia Igorevna
student of the Ufa State Petroleum Technical University
BADRTDINOVA Aigul Maratovna
student of the Ufa State Petroleum Technical University
SAGITOV Askar Ilshatovich
student of the Ufa State Petroleum Technical University
CAREER LITERACY: CONCEPT, MEANING, STRUCTURE
The article discusses career literacy, its components such as diagnostics, knowledge of professional fields and the labor market, as well as tools for building an educational and professional trajectory. Career literacy – competence (a set of knowledge, skills and attitudes) in the field of career decision-making.
Keywords:career literacy, professional self-determination, career guidance, labor market, ideas about career.
Bibliographic list of articles
1. Barakhnina V.B., Gabdulkhakova R.V., Gabbasov T.I. The role of a university website in attracting professionally oriented applicants to the educational process at a university in modern conditions // Mater. II scientific method. conf. – Ufa: USPTU Publishing House, 2013.
2. Nikiforov A. Yu., Semenova E. V. Life values of a modern student // Bulletin of the Bashkir University. – 2018. – T. 23. – No. 4. – P. 1301-1305.
3. Movsumzade E. M., Valitova N. E., Baulin O. A. et al. Facts that determine the main directions of the educational system and the stages of formation and development of technology // History and pedagogy of natural science. – 2022. – No. 2-3. – P. 5-8.
4. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Impact of the process of digitalization of the economy on deviant forms of economic behavior // Business 4.0 as a Subject of the Digital Economy. – Cham, 2022. – pp. 433-438.
5. Kostyleva E. G., Gimranov A. A. Consequences of raising the retirement age for the labor market // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 449-450.
6. Barakhnina V.B., Gabdulkhakova R.V., Gabbasov T.I. The role of a university website in attracting professionally oriented applicants to the educational process at a university in modern conditions // Mater. II scientific method. conf. – Ufa: USPTU Publishing House, 2013.
7. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. social responsibility of engineering staff workers as a factor in the economic growth of the national economy // In the collection: Business 4.0 as a Subject of the Digital Economy. Cham. – 2022. – pp. 81-86
8. Grogulenko N.V., Levashov D.A. the importance of “digital competencies” of specialists for the development of information technologies at oil and gas enterprises // Eurasian Legal Journal. – 2022. – No. 5 (168). – pp. 436-437.
ECONOMY. RIGHT. SOCIETY
BOGATYREVA Marina Ruslanovna
Ph.D. in sociological sciences, associate professor, Head of Digital technologies in economics and management sub-faculty of the Ufa University of Science and Technology
BIKMETOV Evgeniy Yurjevich
Ph.D. in sociological sciences, professor of Digital technologies in economics and management sub-faculty of the Ufa University of Science and Technology
FILIPPOVA Ekaterina Sergeevna
student of the bachelor’s degree program in the direction of training “Management” of the Ufa University of Science and Technology
MELNIKOVA Anastasiya Sergeevna
student of the bachelor’s degree program in the direction of training “Sociology” of the Kazan (Privolzhie) Federal University
REVIEW OF APPROACHES TO HUMAN CAPITAL ASSESSMENT UNDER CONDITIONS OF ECONOMIC UNCERTAINTY
The relevance of the research topic is due to the fact that sustainable socio-economic development of the organization is associated with the implementation of labor potential and investments in it, reproduction of human capital. The purpose of the study is to consider the main methodological approaches used to assess human capital and the effectiveness of investments in it at the level of the organizationon under conditions of uncertainty. The authors proceed from the methodological position that human capital is a stock of professional skills and knowledge that tends to accumulate due to investments in development, i.e. if investments are added to human resources, human capital can be obtained. The interrelation between the aspects of people management in the organization is shown. The structural components of individual human capital are revealed. The process of assessing the effectiveness of investment in the development of human resources at the level of the organization, developed on the basis of researchers’ methods, is considered step by step. The conducted review and an attempt to justify a comprehensive evaluation indicator allow us to come closer in understanding the possibilities of using human capital in the strategic management of human resources on the basis of investing in them, development of programs of socio-cultural development of employees that ensure sustainable development of the organization.
Keywords: human capital, human capital assessment methods, investment efficiency index, uncertainty conditions, individual human capital, human capital components.
Bibliographic list of articles
1. Mukhametlatypov F.U., Bogatyreva M.R., Alekseev O.A., Akhunov R.R., etc. Problems and strategic priorities of socio-economic development of the Republic of Bashkortostan / Monograph dedicated to the 30th anniversary of the Institute of Economics, Finance and Business of the Federal State Budgetary Educational Institution VO Bashkir State University.” – Ufa: Bashkir State University Publishing House, 2018. – 388 p.
2. Bikmetov E. Yu., Shayakhmetova R. R., Akhmadeeva A. A. Conceptual foundations of the strategy of a person’s labor behavior // Eurasian Legal Journal. – 2021. – No. 4 (155). – pp. 430-433.
3. Kobzistaya Yu. G. Human capital: concept and features // Fundamental research. – 2018. – No. 2. – P. 118-122.
4. Becker G. The economic approach to human behavior. – Chicago: The University of Chicago Press, 1990. – 314 p.
5. Dobrynin A.I., Dyatlov S.A., Tsyrenova E.D. Human capital in a transitive economy. Formation, evaluation, effectiveness of use. – St. Petersburg: Nauka, 1999. – 308 p.
6. Gorbunova O. N., Geghamyan M. A. The role of the human potential development index in the concept of human development // Socio-economic phenomena and processes. – 2013. – No. 5 (051). – pp. 77-80.
7. Kobzistaya Yu. G. Individual human capital: theoretical aspects of analysis // Bulletin of SibADI. – 2015. – No. 2 (42). – pp. 118-125.
8. Smirnov B.V., Tkachenko A.V. Methodological basis for the classification of human capital // Power and management in the East of Russia. – 2009. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodologicheskie-osnovy-klassifikatsii-chelovecheskogo-kapitala (date of access: 09.29.2023).
9. Armstrong M. Practice of human resource management. 8th edition / trans. from English edited by S.K. Mordovina. – St. Petersburg: Peter, 2004. – 848 p.
10. Fitzenz J. Return on investment in personnel: measuring the economic value of personnel. – M.: Vershina, 2006. – 320 p.
11. Oshchepkova D. S. On the issue of assessing human capital // Bulletin of Tomsk State University. Economy. – 2016. – No. 2 (34). – pp. 88-98.
12. Krakovskaya I. N. Methodological approaches to assessing the effectiveness of investments in the human capital of an organization // π-Economy. – 2008. – No. 6 (68). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodicheskie-podhody-k-otsenke-effektivnosti-investitsiy-v-chelovecheskiy-kapital-organizatsii (date of access: 09/29/2023).
13. Apenko S. N. Personnel assessment in anti-crisis management of an enterprise // Man and work. – 2003. – No. 9. – P. 86-88.
ECONOMY. RIGHT. SOCIETY
KOLTUNOVA Yuliya Ivanovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
FEATURES OF ADVERTISING COMMUNICATIONS IN THE FIELD OF CONSULTING
The main differences of the consulting business related to the B2B segment have been identified, which should be taken into account when planning a strategy for promoting consulting services. The features of advertising communications in the field of consulting through the specifics of companies’ activities in this field are considered. It is shown that advertising communications are an effective tool for strengthening the position of a consulting company in the market.
Keywords: consulting, consulting services, B2B marketing, advertising communications
Bibliographic list of articles
1. Uchenova V.V., Starykh N.V. History of advertising: textbook. – St. Petersburg: Peter, 2002. – 304 p.
2. Sandage Ch., Freiburger V., Rotzoll K. Advertising: theory and practice. -M.: Progress, 1989. – 630 pp.
3. Popov Yu. L. Marketing and marketing communications [Electronic resource]: textbook. – Volgograd: IEiP VolgGASU, 2011. [Electronic resource]. – Access mode: https://www.bibliofond.ru/view.aspx?id=513048 (date of access: 03/29/2023).
4. Savelyev I. I. Consulting: current state and features // Bulletin of the Academy: electronic scientific journal. – 2019. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_41500019_43461282.pdf (date of access: 09.29.2023).
5. Kivaeva V. A., Babich A. A. Fundamentals of consulting, its role and place in the modern economy // Economic, historical, legal, philosophical views of our time Proceedings of the VIII All-Russian Scientific and Practical Conference. Rostov-on-Don, Publisher: Manuscript. – Kaluga, 2022. – pp. 164-166.
6. Khairullina N. G. Personnel management at service and tourism enterprises: a textbook. – Tyumen: Tyumen State Oil and Gas University, 2013. – 280 pp.
7. Khairullina N. G. Personnel management at trading enterprises: training manual. – Tyumen: TyumGNGU, 2012. – 324 p.
8. Zhukov V. A., Zhukova M. A. Promotion of consulting services based on the use of integrated marketing communications // Vestnik GUU. – 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prodvizhenie-konsaltingovyh-uslug-na-osnove-ispolzovaniya-integrirovannyh-marketingovyh-kommunikatsiy (date of access: 09/16/2023).
9. Smirnova P. I., Darmilova Zh. D. Features of marketing in the promotion of consulting services // Current issues in the development of modern society: Collection of scientific articles of the 12th All-Russian scientific-practical conference. – Kursk: Southwestern State University, 2022, April 21-22. – pp. 307-313.
ECONOMY. RIGHT. SOCIETY
SKVORTSOVA Natalya Alexandrovna
Ph.D. in Economical sciences, associate professor of the Moscow Financial and Industrial University “Synergy”
DIGITAL TRENDS AND TECHNOLOGICAL SOLUTIONS FOR RUSSIAN COMPANIES
The article discusses current digital trends in the Russian IT segment market. The need for the development of algorithmic and hardware structures that are highly reliable, ensuring a high degree of integration of domestic software and hardware, confirming the full compliance of the companies’ business processes, is substantiated. The author examines the SmartSel system, developed by the domestic company Aiteko, working in the field of IT and engineering infrastructure. The process of a training model based on text, graphic and voice information is substantiated. To interpret the data, the author proposed a BI system that interprets a large amount of data, forming the interaction of people and technology.
Keywords: artificial intelligence, process automation, digitalization, technology, business solutions.
Bibliographic list of articles
1. The future of Russian IT: what awaits the industry in 2023. [Electronic resource]. – Access mode: https://incrussia.ru/understand/russia-it-2023/ (access date 06.11.2023).
2. Innovations in the digitalization of procurement and sales in Russia 2023. [Electronic resource]. – Access mode: https://www.agora.ru/blog/novovvedeniya-v-tsifrovizatsii-zakupok-i-prodazh-v-rossii-2023/ (date accessed 06.11.2023).
3. Software development, startups, big data. [Electronic resource]. – Access mode: https://https://www.i-teco.ru/solutions/ (access date 06.11.2023).
4. Skvortsova N. A. Informatization of society as a global economic process // Scientific notes of OrelGIET. – 2018. – No. 3 (27). – pp. 33-38.
5. Skvortsova N. A., Lebedeva O. A., Sotnikova E. A. The influence of information technologies on business development // Theoretical and Applied Economics. – 2018. – No. 1. – P. 42-50. DOI: 10.25136/2409-8647.2018.1.25189.
ECONOMY. RIGHT. SOCIETY
TELTSOVA Luisa Zagitovna
Ph.D. in biological sciences, associate professor, associate professor of Ecology and life safety sub-faculty of the Institute of Nature and Man of the Ufa University of Science and Technology
YANGURAZOVA Zemfira Akhmetovna
Ph.D. in biological sciences, professor, professor of Ecology and life safety sub-faculty of the Institute of Nature and Man of the Ufa University of Science and Technology
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, associate professor of Economic and legal security sub-faculty of the Ufa University of Science and Technology
TECHNOSPHERE THREATS OF THE DIGITAL BUSINESS ENVIRONMENT: A NEW APPROACH TO SECURITY
Currently, technosphere security is becoming more and more relevant and important in the digital world, which determinesthe need to take measures to protect information systems, technological processes and networks from various threats in order to ensure data security and normal functioning. The object of research is the digital management environment. The subject of the study is technosphere security as the state of the digital business environment. The purpose of the study is to reveal the content of technosphere threats to the digital business environment as a new approach to security. The article argues that investing in technosphere security not only helps to prevent potential threats, but also contributes to the protection of privacy and increases confidence in the use of modern technologies. By being informed and taking appropriate measures, the state can make the digital space more secure and protected.
Keywords: digital environment, Anthropocene, environment, economic development, sustainable growth.
Bibliographic list of articles
1. Kuts A.V., Firsov V.S., Maklakova V.E. Digitalization of the economic environment to ensure technospheric security // Russian Economic Bulletin. – 2021. – T. 4. No. 6. – P. 88-92. – EDN RATOMM.
2. Rakhmatullina Yu. A., Yunusova R. F., Yarullin R. R. Cost-benefit concept in the economic assessment of the effectiveness of investments in government projects // Discussion. – 2022. – No. 4 (113). – P. 42-50. – DOI 10.46320/2077-7639-2022-4-113-42-50. – EDN LUFPTI.
3. Ryzhenko A. A., Amankeshuly D., Gubenku S. E. Technologies for staged training of expert analysts of technosphere safety systems // Technologies of technosphere safety. – 2016. – No. 6 (70). – pp. 122-128. – EDN YTCYWN.
ECONOMY. RIGHT. SOCIETY
TUKAYEVA Flyuza Anvarovna
Ph.D. in economical sciences, associate professor of Management in department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
ASSESSMENT OF THE STATE OF INTENSIFICATION IN AGRICULTURAL ENTERPRISES OF THE REPUBLIC OF BASHKORTOSTAN
The article examines the main indicators of the level and efficiency of intensification of agricultural production in agricultural enterprises of the Republic of Bashkortostan, calculated by the author according to the consolidated annual reports for 2018-2022. Positive results and negative consequences of intensification are revealed. It is shown that in animal husbandry, the efficiency of intensification is higher, which is due to the historically established specialization of agriculture in the republic and modern trends in its development.
Keywords: intensification, agricultural production, level, efficiency of intensification.
Bibliographic list of articles
1. Batusova E. S. Intensification as a factor in increasing the efficiency of agriculture // Current problems and prospects of innovative agricultural economics: Materials of the VI All-Russian scientific and practical conference with international participation, Saratov, June 15, 2017 / Edited by N. I. Kuznetsov. – Saratov: LLC “Center for Social Agroinnovations of SSAU”, 2017. – P. 18-20.
2. Glazko V.I. Modern directions of “sustainable” intensification of agriculture // News of the Timiryazev Agricultural Academy. – 2010. – No. 3. – P. 101-114.
3. System of conducting agro-industrial production in the Republic of Bashkortostan. – Ufa: Academy of Sciences of the Republic of Belarus, Gilem, 2012. – P. 481.
ECONOMY. RIGHT. SOCIETY
SHAYBAKOVA Emma Rifovna
Ph.D. in economical sciences, professor of Economic security sub-faculty of the Ufa State Petroleum Technical University
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
BUTKOV Dmitriy Alexandrovich
magister student of the Ufa State Petroleum Technical University
DAVYDOV Denis Vladimirovich
magister student of the Ufa State Petroleum Technical University
ECONOMIC SECURITY AND INERTIA OF THE ECONOMIC RESPONSE TO THE SANCTIONS PRESSURE OF WESTERN COUNTRIES
The relevance of the study is that the consistent growth and application of economic sanctions against countries are an integral part of the modern world economy, which is primarily due to the globalization of trade relations between countries, increased demand for goods and services, as well as their globalization on the world market, thus, the study of sanctions pressure from the standpoint of economic security, as an element of national security actualizes this study. The object of research is economic security as a condition and an integral attribute of the national economy. The subject of the study is inertia, as the state of the economic system at the time of countering external economic pressure. The purpose of the study is to consider the mechanism of countering sanctions pressure from the standpoint of the inertia of the economic response within the framework of the national economic security strategy. The study reveals that the current state of the national economy is due to the inertia of economic responses in response to economic pressure and the sanctions policy of unfriendly countries and there is actually no mechanism for preventive and preventive counteraction to external economic threats, which negatively affects the overall state of national security of economic systems.
Keywords:economic inertia, social inertia, economic pressure, sanctions, sanctions policy.
Bibliographic list of articles
1. Pautova A. V. From the economic security of the state to the economic security of the organization // Security of Eurasia. – 2003. – No. 4 (14). – pp. 682-686. – EDN RAFSNB.
2. Khlynin E.V. Differences between the concepts of “economic security” and “national security” // Accounting and Statistics. – 2014. – No. 4 (36). – pp. 88-95. – EDN TIQPPV.
3. Khairullin V. A., Makar S. V., Yamalova E. N. Inertia in socio-economic systems: theoretical and heuristic analysis of the phenomenon // Discussion. – 2021. – No. 5 (108). – P. 88-104. – DOI 10.46320/2077-7639-2021-5-108-88-104. – EDN ZNUDXK.
4. Zhuravsky Yu. A. On the issue of the law of economic inertia in the methodology of innovative development of the Russian economy // Economics and innovation management. – 2021. – No. 2 (17). – P. 62-70. – DOI 10.26730/2587-5574-2021-2-62-70. – EDN FTPHSQ.
ECONOMY. RIGHT. SOCIETY
DATSENKO Sergey Vitaljevich
associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
SCORE-RATING EVALUATION OF SUPPLIERS: FEATURES OF ECONOMIC AND MATHEMATICAL SETTINGS IN PROCUREMENT PRACTICE OF OIL AND GAS ENTERPRISE
In the article, the authors identified the methodological features of the system for scoring suppliers in the oil and gas industry. Empirically, using numerical examples, the importance of an accurate assessment of the significance of evaluation criteria and the subsequent redistribution of the relevance of indicators is shown, which ensures flexibility and economic and mathematical “accuracy” of the methodology considered in the article as a tool for risk-based management.
Keywords: score rating, criterion, supplier, weighting factor, total cost of ownership, oil and gas enterprise.
Bibliographic list of articles
1. Datsenko S.V., Khanin V.A. Determination of price and non-price criteria when using scoring // Territory “Neftegaz”. – 2022. – No. 11-12. – P.90-94.
2. Datsenko S.V., Khanin V.A., Scoring as a tool for controlling procurement efficiency // Neftegaz Territory. – 2022. – No. 9-10. – pp. 20-23.
3. Larchenko L.V., Yakovleva T.V. Oil and gas complex of Russia in new conditions: geopolitical situation, diversification, formation of new sales markets // “Neftegaz.RU”. – 2023. – No. 1. – P. 88-91.
4. Petrova A. A., Lubskaya E. V. Prospects for expanding cooperation between Russia and Asian countries using the example of the oil and gas industry // Problems of modern economics. – 2022. – No. 3 (83). – pp. 187-191.
5. Rudneva Yu. R., Ganieva A. A. Analysis of the features of the material and technical supply system of a subsidiary oil transportation company as an object of controlling // Eurasian Legal Journal. – 2017. – No. 11 (114). – pp. 373-374.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State
TYURINA Arina Yurjevna
student of the bachelor’s degree in “Religious studies” of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State)
ECOPHILIC PHILOSOPHY AND SACRALIZATION OF INDIAN RIVERS
The article reveals the principles of ecophilic philosophy associated with the sacralization of the rivers of India, presented in the Vedas – the ancient sacred texts of Hinduism. The basis for understanding this issue is the spiritual, mythological and cultural significance of these rivers for believers and followers of traditional culture. This study allows us to identify a number ofenvironmental problems in Indian rivers that are associated with urban modernization and increasing environmental impacts.
Keywords: sacred rivers, Vedas, religion, Hinduism, ecophilic philosophy.
Bibliographic list of articles
1. Glushkova I. P. Indian pilgrimage. – M.: Publishing House Scientific. world, 2000. – 261 pp.
2. Zubkov S.A. Criteria for religious ecophilicity // News of Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Volume 28. – P. 92-100. Doi.org/10.26516/2073-3380.2019.28.92.
3. Zubkov S. A. Ecophilic beginning of vegetarianism // Bulletin of the Vyatka State University. – 2020. – No. 2 (136). – pp. 43-49. DOI 10.25730/VSU.7606.20.023.
4. Cremo Michael A., Mukunda Goswami Divine nature. – M.: BBT Publishing House, 2004. – 121 p.
5. Ogibenin B. L. The structure of the mythological texts of the Rig Veda. – M.: Publishing house Nauka, 1968. – 116 p.
6. Timoshchuk A. S. Aesthetics of Vedic culture. – Vladimir: Publishing House VYUI Ministry of Justice of Russia, 2003. – 112 p.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Olga Igorevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
ZUEVA Elizaveta Konstantinovna
postgraduate student of the direction “Philosophical anthropology, philosophy of culture 47.06.01FF” of the I. S. Turgenev Oryol State University
GLADILOVA Elena Alexeevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
THE ONTOLOGICAL SIGNIFICANCE OF THE INTERNET FROM THE PERSPECTIVE OF THE PROBLEM OF HUMANIZATION OF SOCIETY. (SOCIO-PHILOSOPHICAL ANALYSIS)
The Internet is one of the most significant technological achievements of our time and has a profound impact on the development of society. From the perspective of the problem of humanization of society, it represents an interesting and complex topic for socio-philosophical analysis. It is important to pay attention to the need for effective regulation of the Internet in order to protect the rights and interests of users. Such regulation must strike a balance between freedom of expression and ethical standards, while also taking into account the needs and safety of all participants in society. We examined the problem of the social ontology of the Internet, and also analyzed approaches to the concept of the Internet and its place in the modern world.
Keywords: philosophy of the Internet, humanization of society, ontology, civil society, Internet resource, modernization.
Bibliographic list of articles:
1. Gerasimova D. V. Internet and its influence // International Journal of Applied and Fundamental Research. – 2016. – No. 11-4. – P. 649-651. [Electronic resource]. – Access mode: https://applied-research.ru/ru/article/view?id=10618 (access date: 11/17/2023).
2. Bakaeva Zh. Yu. Patterns of existence of the modern information society from the position of a post-non-classical picture of the world // News of the Russian State Pedagogical University named after. A. I. Herzen. 2009. No. 92. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zakonomernosti-bytiya-sovremennogo-informatsionnogo-obschestva-s-pozitsii-postneklassicheskoy-kartiny-mira (date of access: 11/17/2023).
3. Kosilova E. V., Frolov A. V. Internet in the perspective of transcendental philosophy and phenomenology // Bulletin of Moscow University. Series 7. Philosophy. 2017. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internet-v-perspektive-transtsendentalnoy-filosofii-i-fenomenologii (date of access: 11/07/2023).
4. Neveleva V. S. Synthesis of philosophy and science // Bulletin of ChGAKI. 2015. No. 1 (41). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sintez-filosofii-i-nauki (date of access: 11/13/2023).
5. Timokhina S. L., Emelyanenko V. D. Anthropological aspect in the development of the philosophy of the Internet // Scythian. 2018. No. 10 (26). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/antropologicheskiy-aspekt-v-razvitii-filosofii-interneta (date of access: 11/16/2023).
PHILOSOPHY. RIGHT. SOCIETY
KOLOSOVA Inna Viktorovna
lecturer of Administrative law and administrative activities sub-faculty of the Krasnodar University of the MIA of Russia, Stavropol branch
FEATURES OF VALUE ORIENTATIONS AND LEGAL CONSCIOUSNESS OF MODERN YOUTH
This study is devoted to the analysis of certain features of the legal consciousness of modern youth. The article notes that the long phase of socialization in modern youth plays a key role in reducing the general level of legal consciousness, contributing to the formation of an infantile life position of a significant part of young people. At the same time, other factors, such as the influence of mass communications and social networks, have an important impact on the formation of legal consciousness and behavioral attitudes. These media give young people the impression of dynamism and involvement in current events, but often provide unverified and unreliable information in the field of law. Particular attention is paid to the harm caused by the romanticization of antisocial and criminal behavior present in numerous works of popular art. This trend contributes to the emergence of legal deviations and violations of legal behavior among young people. Taking into account the above factors, it is proposed to expand various forms of legal education, considered as a necessary condition for maintaining the rule of law.
Keywords: legal consciousness, youth, values, value guidelines, legal culture, infantilism, social networks.
Bibliographic list of articles
1. 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.
2. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
3. Baklanov I. S., Balastrova K. N. Specificity of value orientations in the conditions of the formation of a knowledge society // Economic and humanitarian studies of regions. – 2017. – No. 6. – P. 66-69.
4. Baklanov I. S., Baklanova O. A., Fedotenkov E. S., Fedotenkova O. V., Pokhilko A. D. Nihilism in Russian society: analysis of its essence and forms of manifestation. Collective monograph. – Armavir, 2019.
5. Balkovaya V. G., Kurpas P. I. Features of the legal consciousness of youth in modern Russia // Questions of Russian and international law. – 2022. – Volume 12. No. 5A. – pp. 16-24.
6. Zhigulin A. A. Legal consciousness of youth // Territory of Science. – 2016. – No. 1. – P. 31-35.
7. Kolosova I. In The dynamics of legal values in the socio-political realities of our time: philosophical analysis // Eurasian Legal Journal. – 2022. – No. 11 (174). – pp. 396-397.
8. Semkina E. N., Baklanov I. S., Baklanova O. A. Worldview uncertainty of youth as an essential characteristic of modern society // Scientific bulletin of the State Autonomous Educational Institution of Higher Education “Nevinnomyssk State Humanitarian-Technical Institute”. – 2018. – No. 2. – P. 85-88.
9. Burlova Yu., Baklanova O. Normative Conditioning of the Consciousness of the Society Subject: Sociocultural Approach // Science Almanac of Black Sea Region Countries. – 2022. – No. 4 (32). – pp. 3-9.
10. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclusiones. – 2020. – T. 7. – No. 4. – P. 362-368.
11. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, social and psychological factors of the conservative consumer towards legal cannabis use-a review since 2013 // Sustainability. – 2022. – T. 14. – No. 17. – P. 10993.
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
BODYAK Marina Germanovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
INTERPRETATION OF THE “CONDITIONAL” IN RUSSIAN ORTHODOX PHILOSOPHY
The article examines the ideas of the “conditional” in Russian philosophical thought from the XVIII to the beginning of the XX century. The definition of “conditional” is derived from its ability to characterize human activity either from the ontological or epistemological side. In Russian philosophy there was no category of “convention” as such. However, the very way of interpreting its main problems is directly related to defining them in one or another conditional plane. The philosophy of Enlightenment in Russia is reflected in the works of M. V. Lomonosov. The object of consideration from the position of the “conditional” becomes knowledge. The philosophy of the XIX century is represented by the views of I. Kireevsky and F. Dostoevsky. Kireevsky’s “conditional” is expressed by a Western European education, which, unlike Russian, is spiritless and, therefore, not true. Dostoevsky’s conditionality is dynamic: both the real and the fantastic world of his characters can be equally conditional, and the truth in its purest form does not exist. The degree of conditionality is determined by the proximity or remoteness from the idea of a harmonious human existence in society and the peace of mind of the person himself. Theocratic philosophy of V. Solovyov and N. Berdyaeva defines beauty and order as the main criterion for distinguishing between the true and the conditional but philosophers have different ways of overcoming the conditional, as obviously false. N. Berdyaev’s creativity is in the spirit of national culture, V. Solovyov’s is overcoming the world antinomy.
Keywords: conditional, absolute, true, divine, Orthodox worldview.
Bibliographic list of articles
1. Berdyaev N. A. The Fall of the Holy Russian Kingdom. Journalism 1914-1922. – M.: Astrel, 2007. – 1179 p.
2. Berdyaev N. A. Philosophy of inequality / Comp. and resp. ed. O. A. Platonov. − M.: Institute of Russian Civilization, 2012. – 624 p. – P. 7, 23.
3. Berdyaev N. A. Philosophy of freedom // Philosophy of freedom. The meaning of creativity.— M.: Pravda, 1989.— P. 134.
4. Berdyaev N. A. Philosophy of creativity, culture and art: in 2 volumes T. 1. – M.: Art, ICHP “League”, 1994. – 541 p.
5. Evlampiev I. I. The main principle of F. Dostoevsky’s philosophy // Solovyov studies. – 2015. – No. 2 (46). – pp. 20-35.
6. Kim Yun-kyun. Typology of doubles in the works of F.M. Dostoevsky and the story “The Double” (1846/1866): dissertation … candidate of philological sciences: 01/10/01. – M., 2003. – 185 p.
7. Kireevsky I.V. Complete works: in 2 volumes / Ed. M. O. Gershenzon. – M.: Put, 1911.
8. Kondakov B.V. Artistic conventions // Dostoevsky: aesthetics and poetics: words and references. / Ed. G. K. Shchennikova. – Chelyabinsk: Metal, 1997. – P. 123.
9. Lomonosov M.V. Morning reflection on God’s majesty // Selected works. – L.: Soviet writer, 1986. – P. 204-205.
10. Pavlenko A. V. Metaphysical foundations of higher values in the philosophy of Vl. Solovyov // Solovyov studies. – 2002. – No. 2 (5). – pp. 105-119.
11. Soboleva M. E. “Knowledge” and “opinion”: Plato versus Gettier // Questions of Philosophy. – 2016. – T. 2. – P. 158-167.
12. Soloviev V. Works: in two volumes / General. ed. and comp. A. F. Losev and A. V. Gulygi; note S. L. Kravets [and others]. – M.: Mysl, 1990. – T. 1. – P. 279-296.
13. Sudakov A.K. Integrity of being. Religious and philosophical thought of I. V. Kireevsky / Ross. acad. Sciences, Institute of Philosophy. – M.: IFRAN, 2011. – 191 p.
PHILOSOPHY. RIGHT. SOCIETY
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
SKLYARENKO Yaroslav Anatoljevich
lecturer of Humanitarian and Social-Economic Disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
GENESIS OF THE ANTI-SOCIAL SUBJECT OF EXTREME AS A RESPONSE TO THE DISTORTION OF THE FORMATION OF THE WORLDVIEW OF MODERN MAN
This article examines one of the problems of the modern sociocultural space – the genesis of the antisocial subject of extreme sports. Since in the modern world events that are destructive in nature are occurring more and more often, there is a need to study their actor, which is the subject of extreme sports. However, in a society of a transit nature, extreme subjects can also carry out socially conditioned activity, occupying the position of extreme positive pole, acquiring the status of constructors, and the position of extreme negative, becoming deconstructors of the social system. Within the framework of the research carried out in the article, the study of the genesis of the antisocial subject of extreme sports, through the distortion of the formation of his worldview, is of particular relevance, since the predominance of this particular form of extreme subjects can lead to the complete destruction of humanity.
Keywords: worldview, society, subject of extreme sports, extremeness.
Bibliographic list of articles
1. Butkevich S. A. Features of international anti-terrorism cooperation: the Russian model and foreign experience // In the collection: Current problems of application of criminal legislation. Collection of scientific works of participants of the International Scientific and Practical Conference. Executive editor N. S. Sorokun. 2018. pp. 51-57.
2. Zdravomyslov A. G. Needs. Interests. Values. M.: Politizdat, 1986. 223p.
3. Kalnoy I. I. Man and his value guidelines: international symposium. Man and the Christian worldview. Sacred and secular: a clash of worldviews, (Simferopol May 12-13, 2006). Simferopol. 2006.
4. Konopleva A. A., Hybridity of modern civilization // SEARCH: Politics. Social Science. Art. Sociology. Culture. 2018. No. 4 (69). pp. 53-61.
5. Konopleva A. A. The influence of the geopolitics of globalism on culture // Eurasian Legal Journal. 2018. No. 8 (123). pp. 438-440.
6. Chudina-Schmidt N.V. Social conditions for the transition of a person into the state of an extreme-destroyer // In the collection: Ensuring public safety and combating crime: tasks, problems and prospects. Materials of the All-Russian Scientific and Practical Conference. 2020. pp. 508-511.
7. Chudina-Schmidt N.V. Extreme manifestations as a problem of modern society // Eurasian Legal Journal. 2018. No. 9 (124). pp. 493-495.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
KHASANOVA Amina Gizetdinovna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technical University
ABOUT SOME ASPECTS OF ANTHROPHAGY AS A HISTORICAL PREREQUISITE FOR THE FORMATION OF XENOPHOBIA, NATIONAL AND RELIGIOUS IDENTITY
The authors analyze certain aspects of the influence of anthropophagy, which influenced the formation of national identity in the world history of mankind.
Keywords: national identity, xenophobia, anthropophagy, religious identity, national identity.
Bibliographic list of articles
1. (from French cannibale, Spanish caníbal) – intraspecific predation, animals eating their own kind, eating representatives of their own species Novikovskaya, A. Human relatives were engaged in cannibalism already one and a half million years ago // Elements. — 2023. — June 30.
2. Hélène Rougier, Isabelle Crevecoeur, Cédric Beauval, Cosimo Posth, Damien Flas. Neandertal cannibalism and Neandertal bones used as tools in Northern Europe (English) // Scientific Reports. — 2016-07-06. – Vol. 6, iss. 1. — P. 1—11.
3. History of cannibalism / Ch. ed. A. V. Malgin // Capital: journal. – 1991. – No. 49 (55) (December). — pp. 36-39
4. Introduction to the Old Testament = Einleitung in das Alte Testament / Ed. Erich Zenger. – M.: BBI, 2008. – 816 p.
5. Ibn Ishaq (1955), 380-388, cited in Peters (1994) p. 218
6. Gesta Tancredi in expeditione hierosolymitana [archive], site thelatinlibrary.com
7. Albert of Aachen, Historia Hierosolimitana: History of the Journey to Jerusalem, trans. Susan B. Edgington. – Clarendon Press, 2007, ch. V.29. -Pg. 375.
8. Edward Peters, The First Crusade: The Chronicle of Fulcher of Chartres and Other Source Materials (University of Pennsylvania Press, 1998), 84.
9. Amin Maalouf. The Crusades Through Arab Eyes. — Schocken Books, 1984. — 320 pp.
10. Zaborov M. A. History of the Crusades in documents and materials. – M.: Higher School, 1977.
11. Solovyov S. M. History of Russia since ancient times: in 6 books. – St. Petersburg: Partnership “Public Benefit”, 1851-1879.
12. Pagden, Anthony. The Fall of Natural Man. – Cambridge University Press, 1986. – Page 84.
13. Klim Kartokhin. “Crow Killer.” The story of a cruel hunter who terrified the Indians – Technologies Onliner
PHILOSOPHY. RIGHT. SOCIETY
SHEVALOV Semyon Vladimirovich
postgraduate student of Philosophy, economics and law sub-faculty of the Faculty of History of the V. P. Astafjev Krasnoyarsk State Pedagogical University
HISTORICAL-MATERIALISTIC CONCEPT AT THE TURN OF THE CENTURY: FROM THE PATH TRAVELED TO NEW PERSPECTIVES
The article attempts to reveal the potential of the historical-materialistic approach, useful for modern social and humanitarian knowledge, reconstructing the main line of its development and determining the prospects for further transformation. The work presents two trajectories of the evolution of the historical-materialistic approach, one of which is characteristic of Russian philosophy, and the other – for foreign. Each of the trajectories has its own periodization system and features, however, a number of common features can be found. The comparison of successive periods makes it possible to discover the regularities of the development of the concept, on the basis of which it is possible to construct models of its evolution in the future. The scientific novelty of the research is determinantined by the fact that the features of the development of the concept at each stage are considered in connection with its current state. As a result, a general pattern has been revealed: interest in historical materialism increases mainly during the years of economic crises and large-scale.
Keywords: historical materialism; Marxism; neo-Marxism; story; becoming; foreign philosophy domestic philosophy.
Bibliographic list of articles
1. Barashkova O.V., Chen Hong Post-Soviet school of critical Marxism: Portrait in the interior of modern Russian Marxism // Vestn. Moscow UN-TA. Ser. 7. Philosophy. – 2018. – No. 6. – P. 27-44.
2. Grinin L. E. Historical materialism in the West: History and future. Part 1. Historical materialism before the 1920s. analysis of the advantages and disadvantages of the Concept // Philosophy and Society. – No. 2. – 2020. – P. 5-34.
3. Grinin L. E. Historical materialism in the West: History and future. Part 2. Historical materialism since the 1920s. until now. Ups and downs. The future of the concept // Philosophy and Society. – No. 3. – 2020. – P. 5-39.
4. Dobrinskaya D. E. Reconstruction of historical materialism in the theory of Gerald Cohen // Vestn. Moscow UN-TA. Ser. 18. Sociology and political science. – 2015. – No. 4. – P. 69-84.
5. Efremov O. A. Marxism as a methodology for studying modern capitalism // Bulletin of Moscow University. Episode 7: Philosophy. – 2018. – No. 5. – P. 85-93.
6. Klimenko A. I. Marxist foundations of modern philosophy of law // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – Volume 15. – No. 6. – P. 58-76.
7. Kobylkin R. A. Some problems in the study of social and philosophical aspects of law // Eurasian Legal Journal. – No. 6 (181). – 2023. – pp. 522-523.
8. Moiseeva T. P. Capitalist mode of production // Eurasian Legal Journal. – No. 2 (177). – 2023. – pp. 499-501.
9. Sorokina N. D. The relevance of Karl Marx’s approach to the study of conflicts // New ideas in philosophy. – 2018. – No. 5 (26). – pp. 65-70.
10. Engels F., Marx K. “Toward a critique of political economy.” – Marx K., Engels F. Soch., vol. 13. [Electronic resource]. – Access mode: https://marxistphilosophy.org/diahismat/txt10.htm (access date: 10/23/2023).
11. Yakovleva N. G. Contradictions of education of the XXI century: a look through the prism of Marxist methodology // Vestn. Moscow Univ. Ser. 7. Philosophy. – 2018. – No. 6. – P. 45-61.
12. Yangutov L. E., Chebunin A. V. Modern philosophical and socio-political thought of China // Questions of Philosophy. – 2018. – No. 8. – P. 182–191.
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
THE CRITICISM OF THE NEO-KANTIAN CONCEPT OF THE HISTORY OF PHILOSOPHY IN THE CONTEXT OF HANS-GEORG GADAMER’S HERMENEUTICAL APPROACH
The article discusses the concept of the history of philosophy as part of philosophy, and not just as an auxiliary science, as well as criticism of the neo-Kantian concept of the history of philosophy in the context of the hermeneutic approach of Hans -Georg Gadamer. The relationship between philosophy and its history is examined, and the concept of the history of philosophy as the history of concepts, directed against neo-Kantianism, is proposed.
Keywords: history of philosophy, Hans-Georg Gadamer, neo-Kantianism, hermeneutics, understanding.
Bibliographic list of articles
1. Vorokhobov A.V. Hermeneutical concept in the religious and philosophical thinking of Karl Barth // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – 2009. – Issue 7. – pp. 170-182.
2. Vorokhobov A.V. Philosophical and anthropological analysis of the essential structure of human existence in the works of Paul Tillich // Philosophy and Culture. – 2017. – No. 10. – P. 70-182.
3. Gadamer G.-G. Truth and Method. Fundamentals of philosophical hermeneutics / trans. with him. B. N. Bessonova. – M.: Progress, 1988. – 704 p.
4. Gadamer G.-G. History of concepts as philosophy // Relevance of the beautiful. – M.: Art, 1991. – P. 26-43.
5. Hartman N. The problem of spiritual existence // Culturology, 20th century. – M., 1995. – P. 245-252.
6. Heidegger M. Being and time / Transl. with him. V.V. Bibikhina. – M.: Ad Marginem, 1997. – 452 pp.
7. Heidegger M. Research work of Wilhelm Dilthey and the struggle for a historical worldview in our days: ten reports read in Kassel (1925) // Questions of Philosophy. – 1995. – No. 11. – P. 119-145.
8. Aiken R. Philosophy of history //Philosophy in a systematic presentation. – M.: Territory of the Future, 2006. – P. 262-296.
9. Cassirer E. Substanzbegriff und Funktionsbegriff: Untersuchungen über die Grundfragen der Erkenntniskritik. Berlin, 1910. – 459 s.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Gennadiy Viktorovich
Ph.D. in philosophical sciences, associate professor, associate professor of Pedagogy, psychology and health care sub-faculty of the Institute of Educational Development of the Republic of Bashkortostan, practical psychologist
THE TEACHING OF GAUTAMA BUDDHA ON THE WAY OF MAN’S SALVATION
The article analyzes the features and main components of the eightfold path of human salvation proposed by Gautama Buddha. This path, in fact, is aimed at realizing and gaining a person’s true nature, which goes beyond the limits of the finite world. Special attention is paid in the article to the consideration of moral and moral development, the development of awareness and the awakening of wisdom within the framework of the teachings on the salvation of the Buddha.
Keywords: the way of salvation, samsara, culture of behavior, meditative practice, culture of wisdom, intuition, suchness, dhyana, arhat, Nirvana.
Bibliographic list of articles
1. Dhammapada. – St. Petersburg, 1993. – 176 p.
2. Lysenko V. G. Experience of introduction to Buddhism: Early Buddhist philosophy. – M., 1994. – 159 p.
3. Lysenko V. G., Terentyev A. A., Shokhin V. S. Early Buddhist philosophy. Philosophy of Jainism. – M., 1994. – 383 pp.
4. Solovyov V. S. Lectures on the history of philosophy // Questions of philosophy. – 1989. – No. 6. – P. 76-137.
5. Suzuki D.T. Mysticism: Christian and Buddhist. – K., 1996. – 288 p.
6. Thich Nyat Hanh. Finding peace. – St. Petersburg, 1993. – 279 p.
7. Reader on the history of the Ancient East. Part 2 / Ed. M.A. Korostovtseva, I.S. Kontselsona, V. I. Kuzishchina. – M., 1980. – 256 p.
8. Steiner R. How to achieve knowledge of the higher worlds? – Yerevan, 1992. – 208 p.
PHILOSOPHY. RIGHT. SOCIETY
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University”, branch in Stavropol
BOGATYREVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management
ISAKOVA Victorina Vyacheslavovna
teacher, MBOU Secondary school No. 18, Stavropol
HIDDEN RATIONING AS A FACTOR IN THE FORMATION OF SOCIALITY IN CONTEMPORARY SOCIETY
The article examines hidden rationing (or crypto-rationing) as a factor in the formation of social communication and, in general, as a factor in the production of social structures. Based on the theory of E. Hall, the authors believe that the specificity of both intercultural and intracultural communication is determined not so much by explicit, verbal structures, but by non-verbal elements of communication. Determining the type of society as “high-context” or “low-context”, which determines the parameters of social communication, the specifics of the connection between social subjects, and solidarity based on value and normative contexts, helps to reveal the degree of influence of hidden norming on the structures of sociality. Moreover, context in this case refers to value and symbolic information used within the framework of social practices by social actors to decipher any events and correlated with any sociocultural situations..
Keywords: norm, rationing, normative consciousness, crypto-rationing, sociality, normative system, morality, religion, law.
Bibliographic list of articles
1. Baklanov I. S. Interaction of intellectual activity and ideology: totalitarianism and liberalism // Scientific thought of the Caucasus. – 2004. – No. S13. – pp. 23-30.
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. Baklanova O. A., Syomkin A. V., Yugai V. V. Value foundations of sociocultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
4. Berdyaev N. A. The crisis of art. – M.: SP Interprint, 1990. – 48 p.
5. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. – 2022. – No. 4 (45). – pp. 112-115.
6. Dushina T.V., Baranov S.T., Baklanov I.S. Philosophy of knowledge of postmodernism. – Stavropol, 2007. – 129 p.
7. Ionin L. G. Canetti // New philosophical encyclopedia: in 4 volumes – M.: Mysl, 2010. – 2816 pp.
8. Quadrature of meaning: French school of discourse analysis. – M.: Progress, 1999. – 416 pp.
9. Fromm E. Healthy society // Psychoanalysis and culture: Selected works of Karen Horney and Erich Fromm. – M.: Yurist, 1995. – 623 pp
10. Berry J. W., Poortinga Y. H., Segall M. H., Dasen P. R. Cross-Cultural Psychology. Research and Applications. – Cambridge University Press, 2002. – R. 560.
11. Hall E. T. Beyond Culture. – N.Y.: Anchor Press, 1976. – 316 p.
12. Implicit bias and philosophy / Ed. Brownstein M., Saul J. – Oxford: Oxford univ. press, 2016. – Vol. 1: Metaphysics and epistemology. – 336 p.
PHILOSOPHY. RIGHT. SOCIETY
EREMENKO Mariya Maximovna
magister student of Information systems and technologies sub-faculty of the Institute of Digital Development of the North Caucasus Federal University, branch in Stavropol
BOGATYREV Svyatoslav Alexandrovich
magister student of Information systems and technologies sub-faculty of the Institute of Digital Development of the North Caucasus Federal University, branch in Stavropol
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, branch in Stavropol
FEATURES AND RISKS OF USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE MEDIA SPACE OF MODERN SOCIETY
This paper examines the main features and risks inherent in digital society and modern man in particular, which are associated with the introduction of high information technologies in various spheres of life, including the media space. An analysis of the influence of information technology, and in particular artificial intelligence, on the state of modern society and on the well-being – physical and mental – of an individual is carried out, and the features of today’s media space are also analyzed. The purpose of this study is to identifythe problems that arise as a result of the widespread use of digital technologies – in particular, the growing dependence on digital devices and the Internet leads to a deterioration in people’s physical and mental health. The authors draw attention to the serious need to develop appropriate strategies and policies that will help cope with the negative consequences of digitalization and ensure sustainable and healthy development of society.
Keywords: society, digitalization, media space, artificial intelligence technologies, risks, information, labor.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Pelevin S. I. Technologies and technological consciousness in the evolution of post-industrialism: from the information society to the knowledge society and digital society // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2022. – No. 1. – P. 60-67.
3. Baklanova O. A., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: social and philosophical aspect // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
4. Baklanova O. A., Nagapetova A. G., Akopyan G. A. Playing sociality in the socio-philosophical aspect // Bulletin of the Armavir State Pedagogical University. – 2023. – No. 3. – P. 104-109.
5. Universal Declaration of Human Rights: adopted by the UN General Assembly on December 10, 1948 // Russian newspaper. – 1995. – No. 67. – April 05.
6. Denisenko S.V., Baklanova O.A., Baklanov I.S. Technology as a factor of social development // Eurasian Legal Journal. – 2020. – No. 8 (147). – pp. 445-447.
7. What is digital marketing? About the basics, principles and technologies. Center for Competence Development in Marketing. [Electronic resource]. – Access mode: https://marketing.hse.ru/blog/chto-takoe-didzhital-marketing (access date: 08/13/2023).
8. Achterberg M., Becht A., van der Cruijsen R., van de Groep I. H., Spaans J. P., Klapwijk E., et al. (). Longitudinal associations between social media use, mental well-being and structural brain development across adolescence // Dev. Cogn. Neurosci. – 2022. – 54. – RUR 101088.
9. Adelantado-Renau M., Moliner-Urdiales D., Cavero-Redondo I., Beltran-Valls M. R., Martínez-Vizcaíno V., and Álvarez-Bueno C. (). Association between screen media use and academic performance among children and adolescents: a systematic review and meta-analysis // JAMA Pediatr. – 2019. – 173. – R. 1058–1067.
10. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclpusiones. – 2020. – V. 7. – No. 4. – P. 362-368
11. Dama A. C., Kim K. S., Leyva D. M. et al. BacterAI maps microbial metabolism without prior knowledge. Nat Microbiol. 2023. 8, pp. 1018–1025.
12. Matthew Royse. Color psychology and its role in digital marketing. Knowledge Enthusiast. [Electronic resource]. – Access mode: https://knowledgeenthusiast.com/2019/03/28/color-psychology-and-its-role-in-digital-marketing (access date: 09/02/2023).
13. Ward A.F., Duke K., Gneezy A., Bos M.W. Brain drain: The mere presence of one’s own smartphone reduces available cognitive capacity // J Assoc Consumer Res. – No. 2 (2). – 2017. – R. 140-154.
PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate professor of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University, Krasnodar
SHMATKO Olga Nikolaevna
master’s degree student of the studying “Philosophy” of the North Caucasus Federal University, Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
HISTORICAL CONSCIOUSNESS AS A FORM OF REFLECTION: PHILOSOPHICAL ANALYSIS
The authors conduct a study of historical consciousness as a special specific form of reflection, which makes it possible for social actors to understand their own unique historical situation, identify its external causes, explain internal reasons, and predict possible consequences. Historical consciousness is an integral part of reflection. It represents the ability to analyze past events and understand their significance for man and society in the present and future., recognizing responsibility for the past, present and future. The authors emphasize that historical consciousness, based on reflection, allows social actors to actively develop critical thinking, analyze reality, produce within the framework of public and individual consciousness a more relevant understanding of history and one’s own place in it. Historical consciousness is based on historical experience as the basis for understanding and analyzing the personal historical situation..
Keywords: society, history, historical past, reflection, historical consciousness, historical knowledge, historical events, philosophy of history.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A. The problem of the subject of historical knowledge: philosophical analysis // Bulletin of the Armavir State Pedagogical University. – 2018. – T. 1. – No. 1. – P. 24-35.
2. Baklanova O. A. Trends in social philosophy: Western and Russian experience of understanding postmodernism // Philosophy of Law. – 2011. – No. 5 (48). – P. 23.
3. Dushina T.V., Baranov S.T., Baklanov I.S. Philosophy of knowledge of postmodernism. – Stavropol, 2007. – 129 p.
4. Zolotarev S.P., Shmatko O.N. Problems of modern network communication: philosophical analysis // Bulletin of Kalmyk University. – 2023. – No. 3 (59). – pp. 146-153.
5. Pokhilko A.D. Foundations of social self-determination // Humanitarian and socio-economic sciences. – 2010. – No. 3 (52). – pp. 26-29.
6. Pokhilko A. D., Gubanova M. A Search for a methodology for studying Russian national identity // Scientific thought of the Caucasus. – 2010. – No. 4 (64). – pp. 24-28.
7. Svirida N. N. Historical consciousness as a cultural phenomenon: abstract. dis. for the job application scientist step. Ph.D. Philosopher Sci. – Omsk, 2004. – 18 p.
8. Tufanov E.V., Kravchenko I.N., Shmatko O.N. On some aspects of social life in the process of urbanization of society // Bulletin of Kalmyk University. – 2020. – No. 3 (47). – pp. 52-59.
9. Shmatko A. A Historical experience in the structure of historical consciousness: representation and socio-philosophical reflection // Humanities and socio-economic sciences. – 2021. – No. 6 (121). – pp. 27-31.
10. Shmatko A. A. Historical consciousness as a sociocultural phenomenon // National Health. – 2021. – No. 3. – P. 89-92.
11. Shmatko A. A., Pokhilko A. D., Gubanova M. A. Modalities of social transformations // Humanitarian and social sciences. – 2015. – No. 4. – P. 53-62.
12. Shmatko O. N. Historical and legal issues of state protection of cultural heritage objects in Russia // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 148-154.
13. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – P. 41-47.
14. Baklanov I. S., Baklanova O. A., Shmatko A. A., Gubanova M. A., Pokhilko A. D. The Historical Past as a Factor of Sociocultural Transformation of Postmodernity // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 1. – P. 373-378.
PHILOSOPHY. RIGHT. SOCIETY
GLADILOVA Elena Alexeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
FOMINA Darya Sergeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
EGOROVA Olga Igorevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
EXISTENTIAL FEAR AND ITS ROLE IN WORKING WITH STUDENT YOUTH
This article examines existential fear as one of the key concepts in the philosophy of the 19th-20th centuries. Fear is explored in the context of a person’s awareness of his existence and the temporary nature of life. An analysis was carried out of how fear affects a person’s awareness of his existence. Existential fear and anxiety among students is a serious problem that teachers face in their work. Aspects that can help teachers work more effectively with these problems are considered.
Keywords: existentialism, fear, philosophy, pedagogy, youth, freedom, responsibility, death, temporariness, anxiety.
Bibliographic list of articles
1. Heidegger M. Being and Time / Translation [from German. and note] V.V. Bibikhina. – Moscow: Ad Magdtet, 1997. – 451 p.
2. Manukovsky V.V. “Borderline situation” and “genuine being” in the existential concepts of K. Jaspers and L. Shestov // Bulletin of the Chelyabinsk State University. – 2012. – No. 18 (272). Philosophy. Sociology. Culturology. Vol. 25. – pp. 127-129
3. Camus A. Mythabout Sisyphus. Essay on the absurd // Twilight of the Gods. Comp. A. A. Yakovlev. – M., 1989. – P. 222-318
PHILOSOPHY. RIGHT. SOCIETY
ABDULAEVA Ilmira Abduragimovna
Ph.D. in philosophical sciences, associate professor, Head of Economics, legal and general education disciplines sub-faculty of the Dagestan State University, branch in Kizlyar
SUFISM AS A MYSTIC-PHILOSOPHICAL DOCTRINE IN ISLAM (ON THE EXAMPLE OF THE RELIGIOUS CULTURE OF DAGESTAN).
The article discusses the history and the place of Sufism in Dagestan. Sufism penetrated into Dagestan in the early middle Ages, had a great influence on the culture, life and traditions of the peoples of Dagestan. The research object is the Sufi tradition, which is represented in the mountain region as a flexible system, conducive to the preservation of the identity and values of the religious culture of the Dagestan ethnic groups. The author observed features and the main features of Sufi teachings in the Republic and the stages of its development as a mystical-philosophical doctrine.
Keywords: Sufism; mysticism; sheikhs; tariqa; tasawwuf; knowledge; prophets.
Bibliographic list of articles
1. Abdulaeva I. A. Traditional and innovative in the religious culture of Dagestan. – Makhachkala, 2009. – P. 161.
2. Ad-Darbandi. Rayhan al-hakaiq wa bustan ad-dakaiq. XII-XIII. Manuscript in Arabic. IYAL Dagfilial Academy of Sciences of the USSR. – F. 14. – Op. 1. – No. 326.
3. Al-Ghazali. Ihya’ ‘ulum ad-din // Russian Federation IIAE DSC RAS. – F. 14. – Op. 1. – No. 227 @@ Al-Ghazali. Ihya ulum ad-din / Trans. from Arabic, research and comments by V.V. Naumkin. M., 1980. – P. 36.
4. Alikberov A.K. Sources of “Raikhan al-hakaiq wa bustan al-dakaiq” by Muhammad ad-Darbandi: results of initial study // Source study of the history and culture of the peoples of Dagestan and the North Caucasus: principles and methods of study, evaluation and use. Proceedings of the regional conference. – Makhachkala, 1991. – P. 196.
5. The clergy and political life in the Near and Middle East during the period of feudalism. – M., 1985. – P. 213.
6. Yilmaz H. K. Tasavvuf and tariqas. – M., 2007. – P. 300.
7. Knysh A.D. Muslim mysticism. – M-SPb., 2004. – P. 147.
8. Makhmudbekov M. True and false followers of the tariqa. // Per. from Arabic // Caucasian highlanders. Collection of information. – Tiflis, 1871. – P. 483.
9. Omar Khayyam. Treatises. Per. Rosenfeld B. A. – M., 1961. – P. 156.
10. Sufis: Collection of parables and aphorisms. – M.: EKSMO-Press, 2002. – P. 640.
11. Trimingham J. S. Sufi orders in Islam / Transl. from English A. A. Staviskoy, ed. and with a preface. O. F. Akimushkina. – M.: Sofia, Publishing House “Helios”, 2002. – P. 239.
12. Hazrat Inayat Khan. Teachings of the Sufis. – M., 1998 – P. 352.
13. Khanbabaev K. M.,Yakubov M. G. Religious and political extremism in the world, Russia: the essence and experience of counteraction. – Makhachkala, 2008. – P. 285.
14. Hasan Afandi. Khulasatal Abad (Sufi ethics). Per. from Arabic A. Gamzatova. – Makhachkala, 2000. – P. 144.
15. Sheikh Muhammad Amin al-Kurdi al-Erbili. Book of Eternal Gifts: (On the merits and laudable qualities of the Naqshbandiyya Sufi brotherhood and its Path to God). Per. from Arabic I. R. Nasyrova. – Ufa, 2000. – P. 246.
16. Shikhsaidov A.R. The spread of Islam in Dagestan. // Islam and Islamic culture in Dagestan. – M., 2001. – P. 289.
17. Nagshbandism. Historical developments and present situation of a Muslim order. Progceeding of the Sevres round Table 2-4 May 1985/ Varia Turcica. Vol. XVIII. Paris – Istambul, 1990. – P. 136.
18. Trimingham J. S. The Sufi Orders in Islam. – Oxford, 1971. – P. 359.
PHILOSOPHY. RIGHT. SOCIETY
GIZITDINOVA Albina Aidarovna
postgraduate student of the Ufa University of Science and Technology
FAKHRETDINOVA Gulnaz Fanzilyevna
senior lecturer of the Ufa University of Science and Technology
DETERMINANTS OF CULTURAL PROCESSES IN THE CONTEXT OF MODERN RUSSIAN SOCIETY
The article examines the determinants of cultural processes in modern Russian society. The author examines the universal factors of cultural dynamics and factors that include specific manifestations and characteristics: globalization, multiculturalism, regionalization, etc. Consideration of these factors allows us to analyze the current dynamics of cultural processes.
Keywords: cultural processes, determinants of cultural processes, cultural dynamics, globalization, multiculturalism, regionalization.
Bibliographic list of articles
1. Gizitdinova A. A. Cultural processes in modern Russia: value dimension / Culture, creativity and innovation for sustainable development: materials of the All-Russian scientific and practical conference (Ufa, April 27, 2023) / Rep. ed. L. A. Itkulova. – Ufa: RIC UUNiT, 2023. –270 p.
2. Davydenkova A.G. Philosophy of personality and institutional processes. – St. Petersburg: Leningrad State University named after A.S. Pushkina, 2005. – 220 pp.
3. Zapesotsky A. S. The formation of global culture and conflicts of civilizations (Based on materials from the International Likhachev Scientific Readings). – St. Petersburg: SPBGUP, 2018. – 608 p.
4. Kohler G. Culture in the era of globalization. Contours of the future in the context of world cultural development. /XVIII International Likhachev Scientific Readings, May 17-19, 2018/ Russian Academy of Sciences, Congress of the St. Petersburg Intelligentsia, St. Petersburg Humanitarian University of Trade Unions; [scientific editor: A. S. Zapesotsky]. – St. Petersburg: SPbGUP. – 2018. – 627 pp.
5. Kopylova S.V. Globalization as a sociocultural process // Bulletin of KalmSU. – 2016. – No. 2 (30). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/globalizatsiya-kak-sotsiokulturnyy-protsess (date of access: November 29, 2023).
6. Petrov I.F., Petrova S.I. Multiculturalism and mass culture as determinants of the cultural process // Context and reflection: philosophy about the world and man. – 2019. – Volume 8. No. 3A. – pp. 155-161.
7. Petrova S.I. Determinants of cultural processes in society // Bulletin of the Krasnoyarsk State Agrarian University. – 2011. – No. 1. – P. 193-196.
8. Petrova S.I. Social needs as a factor in the dynamics of cultural processes [Text]: textbook. – Krasnodar: Novation, 2022. – 106 p.
9. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding. – Ufa: RITSBASHGU, 2021. – 226 p.
10. Shushlyaeva O. N. The concept of cultural dynamics in the works of Pitirim Sorokin // Values and meanings. – 2016. – No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-dinamiki-kultury-v-trudah-pitirima-sorokina (date of access: 11/17/2023).
PHILOSOPHY. RIGHT. SOCIETY
GRUDNOV Dmitriy Vladimirovich
postgraduate student at National Research Tomsk State University
THE DEVELOPMENT OF POPULISM AS A TOOL FOR PRODUCING DISCURSIVE PRACTICES IN THE MODERN POLITICAL AGENDA
This article provides an analysis of populism as an integral component of the modern political agenda. Taking into account the heterogeneity of the conceptual content of the term, the author considers populism as a tool for the discursive practice of agenda-setting, which especially correlates with the cyclical nature of the electoral process. The tendency to systematically turn to the concept of populism is determined through a change in the global paradigm of world perception, expressed in the breakdown of “great narratives” and the emergence of metanarratives that form the basis of postmodernism and are actively integrated into modern populist discourse.
Keywords: populism, political agenda, discourse, strategy, ideology, agenda-setting, postmodernism, narrative.
Bibliographic list of articles
1. Abrahamyan A. S. Genesis and development of populism in Western countries // Journal of Political Research. – 2019. – No. 2. – pp. 59-66.
2. Abramyan A. S. On the question of the signs of populism // Bulletin of the Moscow State Regional University. – 2020. – No. 3. – P. 3-11.
3. Aibazova M. M. Political populism and factors of its formation in the context of mental and political research // Social and humanitarian knowledge. – 2020. – No. 1. – P. 249-255.
4. Argamakova A. A. Populism // Bulletin of Tomsk State Universitysite. Philosophy. Sociology. Political science. – 2023. – No. 74. – P. 257-265.
5. Bogapova A.V. Populism: from dichotomous to graduated comprehension // News of Tula State University. Humanitarian sciences. – 2022. – No. 1. – P. 73-77.
6. Zarubin D.K. The role of populist discourse in the agonistic model of conflict political interaction // Journal of Political Research. – 2023. – No. 3. – pp. 71-88.
7. Maslanov E. V. Social epistemology and challenges of populism // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2023. – No. 74. – P. 234-241.
8. Mitrokhina T. N. Political agenda: concept, specificity, subjects of formation // Industry: economics, management, technology. – 2019. – T. 75. – No. 1. – P. 176-180.
9. Perelgut N. M., Sukhotskaya E. B. On the structure of the concept “Political discourse” // Bulletin of Nizhnevartovsk State University. – 2013. – No. 2. – P. 35-41.
10. Pimenova O. V. Populism as a political phenomenon // Socio-political sciences. – 2021. – T. 11. – No. 6. – P. 56-64.
11. Podrezov M.V. History of the study of political populism and its current position in political science // Bulletin of Tomsk State University. – 2020. – No. 451. – P. 96-101.
12. Sokolova T. D. On the issue of populism, meritocracy and the intellectual elite // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2023. – No. 74. – P. 242-248.
13. Sumaneev I. A. “The Cinderella complex” half a century later: modern approaches to the study of populism and their empirical application // Journal of political philosophy and sociology of politics “Polity. Analysis. Chronicle. Forecast”. – 2022. – T. 107. – No. 4. – P. 168-185.
14. Fishman L. G. “Empty sign”: the concept of “populism” in the modern political science mainstream // Bulletin of Moscow University. Episode 25. International relations and world politics. – 2021. – T. 13. – No. 2. – P. 13-32.
15. Kharitonova O. G., Kudryashova I. V. Political regimes and regime changes in the foam of the populist wave // Political science. – 2022. – No. 1. – P. 224-244.
16. Shein S. A., Alikin A. A. Global dimension of the “populist wave”: possibilities of differentiated analysis // Bulletin of the Russian Peoples’ Friendship University. Series: Political science. – 2022. – T. 24. – No. 2. – P. 200-220.
17. Yushkov I. V. The phenomenon of digital populism: origins and current state // Scientific and analytical journal Observer – Observer. – 2022. – T. 369. – No. 10. – P. 21-31.
18. Devinney T. M., Hartwell C. A. Varieties of populism // Global Strategy Journal. – 2020. – No. 10. – P. 32-66.
19. Rodrik D. Why Does Globalization Fuel Populism? // Economics, Culture, and the Rise of Right-Wing Populism Annual Review of Economics. – Vol. 13. – 2021. – No. 1. – P.133-170.
PHILOSOPHY. RIGHT. SOCIETY
KORYAKINA Anzhelina Anatoljevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the M. K. Ammosov North-Eastern Federal University
ON MODERNIZATION OF TRADITIONAL CULTURE
The modern sociocultural situation in the Yakut region today is a modernization transition from a traditional type of society to a modern type of society. This article is devoted to the problem of modernization of traditional culture in modern society in the context of its presentation. The author concluded that it is necessary to involve the media in the problem of presenting the values of traditional culture.
Keywords: traditional culture; modernization; presentation of traditional culture; mass media.
Bibliographic list of articles
1. Bondyreva S.K. Traditions: stability and continuity in the life of society. – M.: Publishing house Mosk. psychol.-social Institute, 2004. – 275 pp.
2. Lurie S.V. Historical ethnology. – M.: Gaudeamus, 2004. – 624 p.
3. Fedotova V. G. Modernization and culture. – M.: Progress-Tradition, 2016. – 336 pp.
4. Inglehart R., & Baker W. Modernization, cultural change, and the persistence of traditional values // American sociological review. – 2000 – Vol. 12 (5). – P. 19-51.
5. Kendall G., & Wickham, G. Understanding Culture: Cultural Studies, Order, Ordering (Theory, Culture and Society). – Newcastle: Sage, 2001. – 192 p.
6. Pieterse J. Globalization and Culture: Global Melange. – Lanham, Maryland: Rowman & Littlefield Publishers, 2009. – 149 p.
7. Rojek C. Cultural Studies. – Cambridge: Polity press, 2007. – 315 p.
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technologies and systems sub-faculty of the Bryansk State Technical University
PHILOSOPHICAL UNDERSTANDING OF THE FORMATION OF THE PHENOMENON OF ERGONOMICS AND THE PRINCIPLES OF ERGONOMIC DESIGN (ERGODESIGN) OF TOOLS IN THE PERIOD OF COLLECTIVE SOCIETY
The article discusses the issues of philosophical understanding of the implications of the emergence of ergonomics as a phenomenon that contributes to the adaptation of manual equipment to human capabilities in the period of collective society. Despite the fact that the term ergonomics was first used in 1857, modern scientific research indicates the use of adaptive ergonomic mechanisms for processing tools in a collective society, which contributed to improving the convenience of their use. This approach tests to the constant empirical testing of tools that contribute to human survival of the Paleolithic period and as a result of the emergence of the phenomenon of ergonomics characterized by the use of tools processing techniques that improve the safety and convenience of performing labor operations.
Keywords: ergonomics, the phenomenon of ergonomics, collective society.
Bibliographic list of articles
1. Demidenko E. S. Noospheric ascent of earthly life. – M., 2003. – P. 143.
2. Dergacheva E. A. Philosophy of technogenic society. – M.: Lenand, 2011. – 216 p.
3. Zinchenko V. P., Munipov V. M. Towards the theory of ergonomics // Technical aesthetics. – 1977. – No. 6.
4. Kuzmenko A. A. Ergonomics of the environment as a factor of human health in conditions of active technospherization of the biosphere. Science, education, production to counter man-made threats and solve environmental problems (Technosphere Safety-2023): materials of the XX International Scientific and Practical Conference. – Ufa: RIC UUNiT, 2023. – pp. 315-319.
5. Moiseev N. N. Universum. Information. Society. – M., 2001. – P. 69.
6. Nazaretyan A.P. Civilization crises in the context of Universal history. – M., 2001. – P. 112.
7. Reimers N.F. Nature management: Dictionary-reference book. – M., 1990. – P. 444.
8. Barham L. From hand to handle: The first Industrial Revolution. – Oxford University Press, 2013. – 458 p.
9. Barnes A. S. Modes of comprehension of some forms of Upper Palaeolithic implements. Proceedings of the Prehistoric Society of East Anglia. – 1932. – No. 7 (1). – R. 43-56.
10. Bleed P. (2008). Content as variability: Toward a behavioral definition of technology. Archaeological Papers of the American Anthropological Association. – 2008. – No. 7 (1). – R. 95-104.
11. Bordes F. Reflections on typology and techniques in the Palaeolithic. Arctic Anthropology. – 1969. – No. 6 (1). – R. 1-29.
12. Borel A., Cornette R., & Baylac M. Stone tool forms and functions: A morphometric analysis of modern humans’ stone tools from Song Terus Cave (Java, Indonesia). Archaeometry. – 2017. – No. 59 (3). – R. 455-471 (466).
13. Christensen J. M. Ergonomics: Where Have We Been and Where Are We Going: II. – “Ergonomics”. – 1976. – Vol. 19. – No. 3. – R. 287-288.
14. Overmann K. A., & Coolidge F. L. Squeezing minds from stones: Cognitive archeology & the evolution of the human mind. – Oxford University Press, 2019. – 505 p.
PHILOSOPHY. RIGHT. SOCIETY
NAZAROVA Marina Grigorjevna
Ph.D. in philosophical sciences, associate professor of Humanities and socio-economic disciplines sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
ABRAMOV Alexander Vyacheslavovich
Ph.D. in philosophical sciences, Head of Theology and biblical studies sub-faculty of the St. Feofanov Theological Seminary of Vladimir
PLATO’S VIEWS ON THE MORAL IMPACT OF MUSICAL ART PER PERSON AND THE CONCEPT OF MUSIC EDUCATION
The article analyzes Plato’s views on education, including musical education, in the context of his philosophical, pedagogical and ethical theory. Musical education and training was not perceived by Plato in isolation from the general pedagogical system, since he created a unified concept of education and upbringing of the individual, the foundation of which was paideia. The concept of “paideia” was interpreted in antiquity as raising children, education, culture, and humanism. For a speculative ascent to good and comprehension of truth, it is necessary to educate the human soul, to develop his inner (spiritual) vision, speculation, that is, it is necessary to cultivate the cognitive abilities of the mind. For this purpose, Plato developed a harmonious system of upbringing and education. Musical education in Plato’s theory is associated with the syncretic unity of music, poetry and dance (the combination of sound, word and movement). The relevance of Plato’s views is proven by the theories of aesthetic and ethical development of personality, integrated into the general modern system of pedagogy.
Keywords:paideia, education, idea of good, truth, musical education, moral education, musical art, syncretic action, catharsis.
Bibliographic list of articles
1. Antonov T.V., Smagin Yu.E. Evolution of the concept of “idea” in Plato’s philosophy // Bulletin of St. Petersburg University. – Ser. 6. – 2005, issue. 2.
2. Hertsman E.V. Antique musical thinking. – L., 1986.
3. Hertsman E.V. Music of ancient Greece and Rome. – St. Petersburg, 1995.
4. Davydov Yu. N. Art as a sociological phenomenon. – M., 1968.
5. Zhurakovsky G. E. Essays on the history of ancient pedagogy. – M., 1963. – P. 53.
6. Koptseva N.P. Truth in Plato’s philosophy // Philosophy and culture. – 2013. – No. 4. – P. 429-436.
7. Losev A.F. History of ancient aesthetics. High classic. – M., 1974.
8. Nazarova M. G. Aesthetic education as the development of aesthetic culture. Dissertation for the degree of candidate of philosophical sciences. – Moscow, 2001. – 169 p.
9. Panaiotidi E. G. Musical and pedagogical views of Plato. – M., 1999. – 130 p.
10. Plato. State // Plato. Sob. op. in 3 volumes. T. 3. – M., 1971.
11. Plato. Laws // Plato. Op. in 3 volumes. Ed. A.F. Losev and V.F. Asmus. – M., 1968-1972.
PHILOSOPHY. RIGHT. SOCIETY
NADTOCHIY Igor Olegovich
Ph.D. in philosophical sciences, professor of Humanities, Russian and foreign languages sub-faculty of the Voronezh State Academy of Sports
NOVIKOV Oleg Alexeevich
Ph.D. in Law, associate professor of Humanities, Russian and foreign languages sub-faculty of the Voronezh State Academy of Sports
POLITICAL AND LEGAL NARRATIVE OF RESOLVING SOCIAL CONFLICTS IN THE CONCEPT OF CONFUCIUS
The subject of the article’s research is perhaps the most famous Chinese ethical and political teaching – Confucianism, which for many centuries has had, and continues to have today, a huge impact on both the mass consciousness of the countries of the Confucian cultural region (China , Korea, Vietnam, Japan), and on the political and social practices of the states of the Far East. The Confucian socio-political concept, having been transformed many times, was implemented to one degree or another within the framework of the state and legal tradition of the countries of the Far Eastern region. Confucius created a management concept very specific to the Ancient World, designed to ensure the stability of the entire civilizational mechanism. The value foundation of Chinese civilization is, to a large extent, formed by Confucian cultural matrices and social archetypes that arose and developed on their basis. The modernization of the vectors of political, economic and socio-cultural interaction of Russia in the global world, which has emerged in recent years, actualizes, among other things, the study of the experience of Chinese civilization and other civilizations of the Far East, which have long been in the orbit of Chinese cultural influence. The main conclusion of the study is related to the fact that the foundation of the Confucian view on the problems of resolving social conflicts is the moral and ethical narrative of the tradition, the apologist for the applicability of which in all spheres of public life was Confucius . At the same time, according to the views of the Chinese philosopher, this narrative (and, in principle, no other) cannot be imposed on society through force. This kind of government policy, according to Confucius, is a factor in the instability of social systems and problematizes, to a certain extent, the possibility of full-fledged civilizational development.
Keywords: narrative, concept, idea, Confucianism, ethics, culture, civilization, society, person, state, law.
Bibliographic list of articles
1. Bian Yannan, Liu Dingshuo. The ethical value of Confucius’s idea of “correction of names” // Legal system and society. – 2018. – No. 21. – P. 232-235.
2. Golovacheva L. I. Civilization, Confucius and the future of China // Problems of the Far East. – 1996. – No. 1. – P. 111-116.
3. Kravchenko A.V. Sign, meaning, knowledge. Essay on the cognitive philosophy of language. – Irkutsk: Irkutsk Regional Printing House – 2001. – No. 1. – P. 241.
4. Li Ji. Ancient Chinese philosophy. Collection of texts in 2 volumes. T. 2. / Intro. Art., trans. from China I. S. Lisevich, V. G. Burov and R. V. Vyatkin. – M., 1973. – pp. 99-140.
5. Malyavin V.V. Confucius. The path to yourself. – M.: Young Guard, 2010. – 357 p.
6. Perelomov L. S. Confucius: “Lun-Yu”. – M.: Nauka, 1998. – 180 p.
7. Savitsky V. M. Cultural codes: essence, composition and functioning in the process of communication // Discourse of professional communication. – 2029. – No. 1-4. – pp. 68-77.
8. Wu Longhui. A textual study of primitive Confucianism. – Beijing: China Social Sciences Press, 1996. – pp. 19-20.
9. Huang Haidong. Construction of a harmonious society is the main result of the sinicization of Marxism // Bulletin of the scientific concept of development and theory of harmonious society. – 2007. – No. 6. – P. 31-34.
10. Shepelev M. A. Back to Aristotle: About the “Names Correction” in Modern Political Discourse // Scientific Notes of V. I. Vernadsky Crimean Federal University. Philosophy. Political science. Culturology. – 2019. – Vol. 5 (71). – No. 1. – P. 78-87.
11. Yao X. Wisdom in Comparative Perspectives // Journal of Chinese Philosophy. – 2006. – Vol. 33. – P. 319-321.
12. Jaspers K. Philosophical faith. The meaning and purpose of history. – M.: Republic, 1994. – 527 p.
PHILOSOPHY. RIGHT. SOCIETY
FILIPPOVA Elena Yurjevna
lecturer of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
SOCIO-PHILOSOPHICAL ANALYSIS OF THE DIGITAL AGE IN THE CONTEXT OF CHANGING SOCIAL FORMATION
Transformation of social formation is directly related to the change of technological mode of society, thus, the necessity of scientific search for the states of formation of society to achieve social equilibrium and well-being of citizens is actualized. The object of the study is the digital age as a characteristic modern state of social formation. The subject of the study is society as a set of individuals, acting as subjects of the digital environment. The purpose of the study is a scientific search through social and philosophical analysis of the regularities of development of the digital environment of society. The article argues that the use of information and communication technologies in society is the result of a gradual evolutionary process over the years, determined by various factors such as needs, knowledge, structures, economy, and other factors of social development.
Keywords: digitalization, information and communication technologies, creative destruction, new technologies, artificial intelligence.
Bibliographic list of articles
1. Erznkyan B. A. Schumpeter, mainstream and evolutionary theory of economic development // Economic science of modern Russia. – 2004. – No. 4. – P. 53-67. – EDN IEZXUT.
2. Hilbert M. How much of the global information and communication explosion is driven by more, and how much by better technology? J Assn Inf SciTec. 2014;65(4):856‑861. doi:10.1002/asi.23031.
3. Aspelin J. What really matters is ‘between’—Understanding the focal point of education from an inter-human perspective // Education Inquiry. – No. 1 (2). – P. 127-136. – 2010. Umea: Umea University.
4. Zhigalov V.I. Development of information and communication technologies in Russia // Discussion. – 2023. – No. 3 (118). – P. 46-65. – DOI 10.46320/2077-7639-2023-3-118-46-65. – EDN WIDHML.
PHILOSOPHY. RIGHT. SOCIETY
YASHIN Anatoliy Nikolaevich
Ph.D. in philosophical sciences, associate professor, Head of Jurisprudence sub-faculty of the Murmansk Arctic University
ZENOV Egor Vsevolovodich
assistant of Foreign Languages sub-faculty of the Murmansk Arctic University
TOLERANCE IN THE WESTERN ACADEMIA: THE SYSTEM OF DISCIPLINE A LA FOUCAULT
The current state of tolerance as a phenomenon is of particular interest to an inquiring philosopher: first, because changes in the world order are now taking place at the global level, and second, because the world community is rethinking what has seemed familiar for a very long time. This is quite evident in the educational system. In an effort to show that their society has become more tolerant, activists in the West are toppling statues of “slave owners” and “tyrants,” renaming schools, and calling for educational benefits for minorities. The ethical shifts in the Western countries, the secondary role of humanitarian knowledge, increasing interest in the material and the lack of spiritual curiosity – it is all connected, among other things, with the way Western society interprets tolerance. In recent years this phenomenon has transformed from a component of the struggle for minority rights into a tool for manipulating consciousness. The process of conceptualizing tolerance in Euro-Atlantic countries in general is very rapid – this is due to the fact that Western society is in line with the spirit of the postmodern era, the important features of which are the rejection of traditional values and the redefinition of the Appropriate and the Inappropriate. In the context of the conflict of civilizations, when Russia is usually opposed to the West, the situation of tolerance in the Western countries is of particular interest due to the fact that the phenomenon itself can be perceived in a philosophical spirit, based on the views of the philosophers of the past, such as M. Foucault and J. Bentham.
Keywords: tolerance, education, Michael Foucault, Jeremy Bentham, panopticon, the Appropriate, the Inappropriate, Us and Them, taboo
Bibliographic list of articles
1. Egorov V.N. Once again about the opposition “friend or foe” // Communicology. 2020. No. 1. P. 138-154.
2. Foucault M. Supervise and punish: the birth of prison. Moscow: “Ad Marginem”. 1999. 480 p.
3. Lacorne D. The Limits of Tolerance: Enlightenment Values and Religious Fanaticism // Columbia University Press. N.York, 2019. 282 p.
4. Shankar A. Political Correctness and Higher Education: British and American Perspectives. Review by: Arjun Shankar // American Journal of Education. Vol. 117.No. 1.Pp. 143-146.
5. Political Correctness Run Amok: School Students Dishonor a Genius of Science // The Journal of Blacks in Higher Education. 2001. No. 32. P. 74.
6. Samayeen N. Space to breathe: George Floyd, BLM plaza and the monumentalization of divided American Urban landscapes // Educational Philosophy of Theory. 2020. P. 2341-2351.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
KRAPIVIN Oleg Vladimirovich
associate professor of Physical training and sports sub-faculty of the Academy of Law and Management of the FPS of Russia
TOWARDS THE ISSUE OF DIGITALIZATION OF PERSONAL DATA
The article analyzes the main problems associated with the protection of personal data in the era of digitalization, evaluates their legal status and offers recommendations to prevent violations of the rights to privacy and confidentiality when processing personal data. The authors used various sources of information, including scientific articles, reports and national laws regulating the use of personal data, and also drew attention to what the user should do to protect their data online. Legislation on the protection of personal information addresses the most direct and practical issues that most concern the general public: communication technologies, netiquette, personal data protection, information security, basic principles and rules of cybersecurity, the legal process of protecting personal information.
Keywords: data protection, control of personal information, digital development, information and communication technologies, information policy, strategy for the protection and control of personal information in digital development, protection of personal information.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. Pandemic as a factor of VUCA reality // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 467-468.
2. Goffman A. A., Timoshchuk A. S. Technological skills of a digital society // Transformation of the meanings of education in the conditions of digitalization of society. – Krasnodar, KubSU, 2020. – pp. 15-24.
3. Goffman A. A., Timoshchuk A. S. Education system in the era of digitalization: risks, challenges, competencies // Humanitarian knowledge and spiritual security. – Makhachkala: ChSPU, ALEF, 2020. – P. 124-129.
4. Timoshchuk A. S. Features of the socio-technical environment in a pandemic // Forms and methods of social work in various spheres of life. – Ulan-Ude: VSGUTU Publishing House, 2021. – P. 288-290.
5. Timoshchuk A. S., Trofimova N. N. Pandemic: the world on one side of the barricade // Bulletin of Ivanovo State University. – 2020. – No. 4. – P. 121-129.
6. Timoshchuk A. S. Technological skills in a digitalized society // Improving the professional skills of teaching workers in Russia. – Irkutsk: Irkut, 2019. – pp. 16-23.
7. Timoshchuk A. S., Timoshchuk E. A., Tyagi R. Digitalization in a pandemic: ontology of complexity, opportunities, risks // University Lawyer. – 2021. – No. 9. – P. 12-19.
8. Timoshchuk A. S. Digital socio-technical system and sustainable development // Co-evolution of technology and society in the context of the digital era. – M.: MPEI Publishing House, 2020. – P. 270-272.
9. Timoshchuk A. S. Ethical and legal aspects of cybersecurity in a digital society // Artificial intelligence: ethical problems of the “digital society”. – Belgorod: BSTU, 2018. – pp. 165-179.
10. Timoshchuk A. S. Digital culture of the information society // Philosophy and culture of the information society. – St. Petersburg: GUAP, 2020. – pp. 187-189.
11. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. COVID-19 pandemic response: culture, technology and law going viral // Synergy of Sciences. – 2021. – No. 59. – P. 17-85.
12. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. Governance and legal protection in Russia during COVID-19 pandemic // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – Etcavo. – 2021. – No. 3. – pp. 97–106.
13. Timosрchuk A. S., Tyagi R. Post-COVID-19 sustainability issues //Studia culturae. – 2021. – No. 3 (49). – P. 68-81.
PHILOSOPHY. RIGHT. SOCIETY
KHAYRULLIN Rim Nurovich
Ph.D. in philosophical sciences, associate professor of Philosophy and culturology sub-faculty of the Ufa University of Science and Technology
THE IDEAL OF ETERNAL LIFE IN THE PHILOSOPHICAL CONCEPTION OF N. FEDOROV
The article examines the ideal of eternal life, put forward by the great Russian thinker N. Fedorov, in a broad scientific and philosophical context. The origins of N. Fedorov’s concept of eternal life were religious motives, at the same time, N. Fedorov declared science as means of practical implementation of this ideal. As the author of the article demonstrates, the consequence of their connection was the well-known utopianism of the philosopher’s social and scientific considerations. This utopianism is quite obvious today, within the framework of modern scientific methodology.
Keywords: cosmic philosophy, regulatory idea, humanity, quality of life, longevity, moral imperative, synergetics.
Bibliographic list of articles
1. Berdyaev N. A. Russian idea. Kharkov: Folio. – M.: Ast, 1999.
2. Kant I. Ideas of universal history in the world-civil plan // Kant I. Works in 6 volumes. T. 6. – M.: Mysl, 1966.
3. Kogan L. A. Life as immortality // Questions of philosophy. – 1994. – No. 12.
4. Mechnikov I. I. Science and morality // Mechnikov I. I. Sketches of optimism. – M.: Nauka, 1988.
5.Prigozhin I., Stengers I. Order out of chaos: A new dialogue between man and nature. – M.: Progress, 1986.
6. Fedorov N. F. Supramoralism or universal synthesis (i.e. general unification) // Fedorov N. F. Works. – M.: Mysl, 1982.
PHILOSOPHY. RIGHT. SOCIETY
BAIRON Alexander Alexandrovich
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the A. S. Pushkin Leningrad State University
B. N. CHICHERIN AND ORTHODOX THEOLOGY
In 2023, the 195th anniversary of the birth of the Russian thinker B.N. Chicherin was celebrated. He is known primarily as a philosopher of law and politics, but is also the author of a full-fledged metaphysical system. In this capacity, he acts as a follower of Hegel, and the representative of the “right camp” in Hegelianism, that is, he interprets Hegel as an idealist and builds his system of religious philosophy based on his views. The article is devoted to comparing the religious and philosophical views of Chicherin with the teachings of orthodoxy, clarifying the question of the presence or absence of discrepancies between them. From this point of view, the subject of comparison is two main positions in Chicherin’s teachings – the recognition of reason, formal logic as a comprehensive criterion of truth, valid, among other things, in the field of faith, and the provision of evidence based on this criterion in defense of the most important truths of Christianity (about the existence of God, about the Trinity and about God’s absorption). Also, in the form of a complete understanding of the issue under consideration, Chicherin’s understanding of the essence of faith is analyzed, and in this regard, his criticism of the epistemological concept of V. s. solovyov, as well as his clarification of his attitude to foreign confessions – Catholicism and Protestantism. The author comes to the conclusion about the strict orthodoxy of Chicherin’s philosophy. He finds that in each case, assessing the truth of dogmas based solely on the criterion of reason, formal logic, the thinker in his final conclusions does not go beyond the framework of orthodox doctrine. Thus, Chicherin managed to combine strict rationality with equally strict orthodoxy in his philosophy and thereby show that, contrary to popular opinion, such a combination is quite possible.
Keywords: B. N. Chicherin, G. W. F. Hegel, faith, orthodoxy, theology.
Bibliographic list of articles
1. Averin N. M. Witness of great transformations and faded hopes // Philosophical traditions and modernity. – 2013. – No. 2 (4). – pp. 8-21.
2. Anselm of Canterbury. Why God became man // Redemption. Materials of the II International Symposium of Christian Philosophers, St. Petersburg, April 16-18, 1997 – St. Petersburg: Higher. religious-philosophical school, 1999. – P. 19-133.
3. Byron A. A. Justification of Christian dogmatics in “Science and Religion” by B. N. Chicherin // Russian Logos: Horizons of Understanding. Materials of the international scientific conf. 25-28 Sep. 2017. In 2 vols. – St. Petersburg, 2017. – T. 1. – P. 391-394.
4. Conversation by Rev. Seraphim on the purpose of Christian life. – M.: MPO “METTEM”, 1991.
5. BibLeah Books of the Holy Scriptures of the Old and New Testaments. – M., 1979.
6. Basil the Great. About the Holy Spirit to St. Amphilochia, bishop. Iconium // Works like the saints of our father Basil the Great, Archbishop of Caesarea in Cappadocia. Part 3. – M.: Pilgrim, 1993. – P. 231-356.
7. Basil the Great. Interpretation of the Prophet Isaiah // Works like the saints of our father Basil the Great, Archbishop of Caesarea of Cappadocia. Part 2.
– M.: Pilgrim, 1993. – P. 5-358.
8. Hegel G. V. F. Folk religion and Christianity // Hegel G. V. F. Works of different years: in 2 volumes – M.: Mysl, 1972. – T. 1. – P. 45- 86.
9. Gregory the Theologian. Selected words. – M.: Publishing House of the Orthodox Brotherhood of St. Apostle John the Theologian, 2002.
10. Acts of the Ecumenical Councils / Ed. M. B. Danilushkina. In 4 volumes. T. 1. – St. Petersburg: Resurrection, 1996.
11. Emelyanov B.V., Ionaitis O.B. Experience and its boundaries: version of B.N. Chicherin // Social and humanitarian sciences in the Far East. – 2022. – T. 19. – No. 3. – pp. 138-140.
12. John of Damascus. An accurate exposition of the Orthodox faith. – R.-N.-D.: Azov region, 1992.
13. Kazaryan A. T. Hegel // Orthodox Encyclopedia. T. 10. – M., 2005. – P. 491-507.
14. Macarius (Bulgakov), Metropolitan. Orthodox dogmatic theology: in 2 volumes. T. 1. – M.: Pilgrim, 1999.
15. Macarius (Bulgakov), Metropolitan. Orthodox dogmatic theology: in 2 volumes. T. 2. – M.: Pilgrim, 1999.
16. Strunnikov A. Faith as confidence according to the teachings of Orthodoxy. A study on the relationship between faith and knowledge. Part 1. – Samara: type. M. Gran, 1887.
17. Strunnikov A. Faith as confidence according to the teachings of Orthodoxy. A study on the relationship between faith and knowledge. Part 2. – Samara: type. M. Gran, 1887.
18. Chizhevsky D. I. Hegel in Russia. – St. Petersburg: Nauka, 2007.
19. Chicherin B. N. Questions of philosophy. – M.: type. lit. t-va I. N. Kushnerev and K., 1904.
20. Chicherin B. N. Memoirs. Zemstvo and the Moscow Duma. – M.: North, 1934.
21. Chicherin B. N. Memoirs. Travel abroad. – M.: North, 1932.
22. Chicherin B. N. Mysticism in science. – M.: type. Martynova and K., 1880.
23. Chicherin B. N. Science and religion. – M.: Republic, 1999.
24. Chicherin B. N. Foundations of logic and metaphysics. – M.: type. lit. t-va I. N. Kushnerev and K., 1894.
25. Chicherin B. N. Positive philosophy and the unity of science. – M.: type. lit. t-va I. N. Kushnerev and K., 1892.
26. Chicherin B. N. Philosophy of law. – M.: Librocom Book House, 2011.
27. Shokhin V.K. Christian dogmas and philosophical rationality: confrontation or synergy? // Theology and philosophy: aspects of dialogue. Collection of conference reports (January 25, 2001, Institute of Philosophy RAS). – M., 2001. – P. 185-223.
PHILOSOPHY. RIGHT. SOCIETY
GAVRILOV Egor Nikolaevich
postgraduate student of the Faculty of Law of the M. K. Ammosov Northeast Federal University, Yakutsk
THE ROLE OF COMPETITION IN THE DEVELOPMENT OF THE STATE ECONOMY
Economic development directly affects the public good and the state as a whole. Economic development primarily means “competition” as the engine of economic progress, and the security and freedom of market relations is directly the prerogative of legal norms in the economic sector.
The article examines how competition affects the development of the state’s economy, and the resulting consequences, both positive and negative.
Keywords: antimonopoly legislation, economics, competition, mission of antimonopoly law, socio-philosophical foundations of competition, the role of competition, competition as an economic good.
Bibliographic list of articles
1. Constitution of the Russian Federation: [adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 1, 2020]. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
2. Federal Law No. 135-FZ of July 26, 2006 (as amended on December 29, 2022) “On the Protection of Competition” [adopted by the State Duma on July 8, 2006. Approved by the Federation Council on July 14, 2006]. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
3. Law of the RSFSR dated March 22, 1991 No. 948-1 “On competition and restriction of monopolistic activities in commodity markets” (as amended on July 26, 2006). (lost force). – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
4. Federal Law of June 23, 1999 No. 117-FZ “On the Protection of Competition in the Financial Services Market” (repealed). – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
BAYNAZAROV Irandyk Nailovich
Ph.D. in historical sciences, associate professor, Deputy Dean for educational and scientific work of the Nautical Faculty of the Kamchatka State Technical University
SELECTED ASPECTS OF THE STATE OF NATIONAL IDENTITY IN THE ERA OF “DEVELOPED SOCIALISM” IN THE 70-80s IN THE USSR
The authors analyze certain aspects of the state of national identity and religious affiliation in the 70-80s of the 20th century using the example of the Volga-Ural region of the USSR
Keywords: atheism, national identity, xenophobia, religious identity, national identity, internationalism.
Bibliographic list of articles
1. Stevenson S. A. Life according to concepts. Street gangs in Russia = Gangs of Russia: From the Streets to the Corridors of Power / Transl. from English Yulia Kazantseva. — M.: Country Oz, 2017. — 304 pp.
2. Pavel Kuibyshev. Criminal sketches from Tataria. “Living area”, “Tyap-blunder” and others // Kommersant. — 1996. — March 23 (No. 48). — P. 20.
3. Stevenson S. A. Life according to concepts. Street gangs in Russia = Gangs of Russia: From the Streets to the Corridors of Power / Transl. from English Yulia Kazantseva. — M.: Strana Oz, 2017. p. 39—40
4. Garayev R. N. The boy’s word. Criminal Tatarstan 1970–2010s. — Kazan: Individuum, 2020. — 624 pp. Chapter 7.
5. Ageeva L.V. Kazan phenomenon: myth and reality. — Kazan: Tatar Book Publishing House, 1991. — P. 130.
6. Stevenson S. A. Life according to concepts. Street gangs in Russia = Gangs of Russia: From the Streets to the Corridors of Power / Transl. from English Yulia Kazantseva. — M.: Country Oz, 2017. — P. 30.
7. Explosion in the Moscow metro in 1977 (from the book “Half a Century of Soviet Perestroika”). Sergey Grigoryants. 2016
8. [Electronic resource]. – Access mode: https://www.yaplakal.com/forum7/topic1607047.html
A. Khayrullin:
A discourse on the nature of national upbringing and education in modern Russia
Interview with Vitaliy Agzamovich Khairullin, a leading scientific consultant at the Center for Forensic Examination of the SAPIENS Group of Companies, scientific consultant to the Federal Public Sports Organization NATATAMI, scientific editor of a peer–reviewed scientific publication from the list of the Higher Attestation Commission “Discussion”, Deputy General Director for Economics of the Scientific and Production Enterprise Ecopromsystem.
EURASIAN INTEGRATION
KHALIPOV Sergey Vasilyevich
Ph.D. in Law, associate professor, Head of Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of the Russian Federation, associate professor of International transport and logistics sub-faculty of the Moscow State Institute of International Relations of the MFA of Russian
PROBLEMS OF PUBLIC LAW DEFINITION OF IMPORT AND EXPORT OF GOODS IN THE CONTEXT OF THE EURASIAN ECONOMIC UNION
The article considers legal definitions of key concepts of import, export, import and export of goods applied in the law of the Eurasian Economic Union and in the legislation of the Russian Federation. A comparative analysis of application of these terms in the public law regulation of foreign trade in goods is conducted. Backed up conclusions that import and export of goods meet the requirements of customs, customs-tariff, non-tariff and other measures of regulation of foreign trade turnover are presented. The normative incompleteness of import and export of goods in the context of existing definitions is elaborated.
Keywords: the law of the Eurasian Economic Union, foreign and mutual trade in goods, customs, customs-tariff, non-tariff regulation, import and export of goods, customs procedures, release of goods , customs border of the Union, state border of Russia.
Bibliographic list of articles
1. Alferev T.P. Financial and legal regulation of customs and tariff activities as a source of formation of the budget of the Russian Federation: dis. …cand. legal Sciences: 12.00.14. – M., 2014. – 189 p.
2. Gatulina O. A. The concept and content of import as a legal category within the framework of the Eurasian Economic Union at the present stage // Customs Affairs. 2018. – No. 4. – P. 3-6.
3. Ovchinnikov S.N. The concept of import of goods in the context of customs procedures // Current problems of Russian law. – 2021. – T. 16. No. 1. – P. 64-70.
4. Pavlov P.V. Special administrative and legal regimes for carrying out foreign trade activities (theoretical and applied aspect): dis. … doc. legal Sciences: 12.00.14. – Lyubertsy, 2012. – 491 pp.
5. Timoshin V. A. Administrative and legal regulation of export-import activities in the Russian Federation: dis. …cand. legal Sciences: 12.00.14. – M., 2011. – 161 p.
6. Khalipov S.V. Export and customs export procedures in the conditions of the Eurasian Economic Union // Russian Foreign Economic Bulletin. – 2019. – No. 2. – P. 37-47.
7. Khapilin S. A. Development of Eurasian economic integration based on the modernization of the customs regulation mechanism: dis. … doc. econ. Sciences: 08.00.14. – Rostov-on-Don, 2015. – 510 p.
INTERNATIONAL LAW
KRAVCHUK Anna Mikhaylovna
Deputy Head to the Section for coordination on the circulation of medicines and medical devices of the Department for technical regulation and accreditation of the Eurasian economic commission
DEVELOPMENT ISSUES OF SPECIAL TERMINOLOGY IN THE SPHERE OF REGULATION OF CIRCULATION OF MEDICINAL PRODUCTS IN EURASIAN ECONOMIC UNION
The article considers the formation of a specialized terminology on the example of the pharmaceutical industry with taking into account the functioning of the common market of medicinal products within the Eurasian Economic Union (EAEU).
Distinguishing characteristics of the subsystem of the terminology in the sphere of circulation of medicines in the law of the EAEU are identified, its influence on the legislation of the member states of the EAEU is considered and its significance for the formation of a unified legal space within the EAEU is described. Tools for improving special terminology in the sphere of regulation of circulation of medicinal products in EAEU are offered.
Keywords: common market of medicinal products within the Eurasian economic union, “EAEU law”, medicinal products circulation, medicinal products, pharmaceutical market regulation, terminology.
Bibliographic list of articles
1. Dubrovsky S.A. Problems of legal terminology // Jurislinguistics. – 2011. – No. 1 (11). – pp. 426-429.
2. Isakov V. B. Legal analytics. A textbook for senior and master’s students. 4th edition. – M.: National Research University Higher School of Economics, 2014. – 252 p.
3. Kagermanov A-S. S. The role of legal terminology in modern legislation // Law and practice. – 2020. – pp. 35-38.
4. Logic in legal consciousness / V. Knapp, A. Gerloch. Ed. and from the entrance. Art. A. B. Vengerova. – M.: Progress, 1987. – 310 p.
5. Rene D. Basic legal systems of our time. – M.: Progress, 1988. – 496 p.
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, professor, professor of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
LADYKA Sergey Ivanovich
Ph.D. in Law, associate professor of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
COLLECTIVE SELF-DEFENSE, NON-INTERNATIONAL ARMED CONFLICT, PEACEKEEPING OPERATIONS: SOME ASPECTS RELATED TO THE NEED TO ENSURE COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW
The authors examine collective self-defence, non-internatinal armed conflicts and peacekeeping operations in relation to ensure compliance with international humanitarian law.
Keywords: UN Charter, collective self-defense, non-international armed conflicts, peacekeeping operations, UN Security Council, Hague law, Geneva Conventions of 1949, maintenance of peace and security.
Bibliographic list of articles
1. Panov V.P. International criminal law. Tutorial. – M.: INFRA, 1997. – 183 pp.
2. Kolosov Yu. M., Krivchikova E. S. Current international law. – M.: Moscow Association of International Law (MAMP), 2002. – 992 pp.
3. Kolosov Yu. M., Kuznetsov V. M. International law. Textbook. Chapter 15: Ensuring international security. – M.: International Relations, 1996. – 608 p.
4. Solodchenko V.S. International legal regulation of relations between states in the military field // Military Thought. – 1989. – No. 11. – P. 12-17.
5. David V. On the issue of the legal nature of the institution of self-defense // Bulletin of the Kyiv University. – 1989. – Issue. 8. – pp. 39-47.
6. Skakunov E.I. Self-defense in international law. – M.: International Relations, 1973. – 176 p.
7. Zhdanov Yu. N. Coercive measures in international law. – M.: Dialogue MSU, 1998. – 248 p.
8. Sazonova K. L. Collective self-defense in international law // Legal science. – 2013. – No. 1. – P. 94-96.
9. Chekharin Yu. V. Internal conflicts and international law: Author’s abstract. dis. …cand. legal Sciences: 12.00.10. – Moscow, 1990. – 24 p.
10. Bezverkhniy A.I., Eremeeva T.S. Problems of compliance with the norms of international humanitarian law in conditions of armed conflict // Bulletin of AmSU. – 2017. – No. 82. – P. 43-46.
11. Collection. Russia: Security and cooperation. Peacekeeping activities. Military aspects. Key definitions of types of peacekeeping activities used in working documents of the UN and CSCE. NATO. Table 2. – Moscow, 1995. – 355 pp.
12.UN. Report of the Secretary-General on Standby Arrangements for Peace-keeping. UN document S/1995/943. Translation from English: Zhdanov Yu. N.
13. Zverev P. G. Features of modern UN peacekeeping operations // Young scientist. – 2013. – No. 11 (58). – pp. 528-530.
14. Zagorsky A.V. Peacekeeping and international management of regional security. – M.: IMEMO (Institute of World Economy and International Relations named after E. M. Primakov, 2015. – 118 p.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University
RAMAZANOVA Diana Abdulnasirovna
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University
ISSUES OF INTERNATIONAL LEGAL REGULATION OF THE EMERGENCE OF THE RIGHT TO LIFE AND THE PROBLEM OF ABORTION IN THE CONTEXT OF BIOETHICS
The article raises the problem of human rights in the field of biomedicine, in particular the ethical and legal problem of abortion; the debate on the moral component of abortion does not stop nowadays. The issue of legal regulation of the emergence of the right to life is touched upon, as well as the interpretation of the moment of emergence of such a right, depending on what concept of the beginning of life different states adhere to. It is noted that international law completely lacks the concept of regulating the emergence of the right to human life. At the same time, the author refers to certain provisions of modern Russian legislation regarding the recognition of the legal personality of a human embryo.
Keywords: bioethics, international law, right to life, abortion, fetus, beginning of life.
Bibliographic list of articles
1. Alieva M. N. Bioethical and legal issues of cloning: analysis of international law and Russian legislation // Current problems of Russian law. – 2010. – No. 1. – P. 389-396.
2. Borzenkov G. N. Crimes against life and health: law and law enforcement practiceika. – Moscow: Zertsalo-M, 2008. – 256 p.
3. Grigorieva M.V., Zheludkina M.A. The right to life: abortion as a problem of social and medical ethics // Youth of the Great Volga: collection. scientific tr. – Cheboksary, 2017. – pp. 242-246.
4. Kovalev A. A. Personal dignity and the latest biomedical technologies: Sat. scientific tr. “International law and national interests of the Russian Federation” // Diplomatic Academy of the Russian Foreign Ministry, 2008. – 221 pp.
5. Makrinskaya V.I. Issues of criminal legal protection of the right to life (comparative legal aspects. – Moscow: Bukvoed, 2006. – 130 p.
6. Selikhova O. G. Constitutional and legal problems of exercising the right of individuals to freedom and personal integrity: specialty 12.00.02 “Constitutional law. Municipal Law”: abstract of a dissertation for the degree of candidate of legal sciences. – Ekaterinburg, 2002. – 22 p.
7. Farakshina K. F. Problems of implementation of reproductive human rights in international law and their implementation in the legislation of the Russian Federation. – [Electronic resource]. – Access mode: http://law.cdu.ru. (date of access: 10/21/2023).
INTERNATIONAL LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
THE ROLE OF INTERNATIONAL ORGANIZATIONS IN COUNTERING BIOTERRORISM
The publication aims to study the role of international organizations in countering bioterrorism. The author analyzes the content and significance of international treaties adopted within the UN, Interpol, CSTO, BRICS, CIS, and Middle East countries. The author notes that the special role in maintaining international peace and ensuring biological safety on the part of international intergovernmental organizations at both the universal and regional levels is increasing.
Keywords: international organizations, biological safety, bioterrorism, agroterrorism, Biological and Toxin Weapons Convention (BTWC), UN.
Bibliographic list of articles
1. Bayramova N. A. The role of the UN in coordinating the actions of states in the fight against international terrorism // Questions of the Humanities. – 2009. – No. 5. – P. 252-257.
2. Robertson A. G., Robertson L. J. From asps to suspicion: biological warfare in history // Mil Med. – 1995. – Pp. 369-373.
3. Trikoz E. N., Mustafina-Bredikhina D. M., Gulyaeva E. E. Legal regulation of gene editing procedures: USA and EU experience // RUDN Journal of Law. – 2021. – 25 (1). – 67-86. (in Russian). DOI: 10.22363/2313-2337-2021-25-1-67-86.
4. Abashidze A. K., Malichenko V. S. International legal regulation of the circulation of dual-use biotechnologies // RUDN Journal of Law. – 2023. – Vol. 27. – No. 3. – P. 541-563. Doi: 10.22363/2313-2337-2023-27-3-541-563.
5. Travieso J. A., Ferraro A. V., Trikoz E. N., Gulyaeva E. E. Bioethical Aspects of Human Rights in Modern Latin America // Kutafin Law Review. – 2021. – 8(1):85-98. – [Electronic resource]. – Access mode: https://doi.org/10.17803/2313-5395.2021.1.15.085-098.
6. Moskovina E.K., Golysheva P.D. “Legal aspects of ensuring the security of genomic information in the post-Soviet space” // International Legal Courier. – 2020. – No. 3-4 (39-40). – P. 30.
7. Abdallah Ar. S., Khitamy Al., Binsumeit A. Bioethics for Clinicians: 21 Islamic Ethics // Canadian Medical Association Journal. – 2001. – Vol. 164(1). – P. 60–63.
8. Novikova R. G. Islam and genetics: issues of religion, ethics and law // Bulletin of RUDN University. Series: Legal sciences. – 2019. – T. 23. – No. 4. – P. 571–576.
9. Yakovenko A.V. Geopolitical turning point and Russia. What does the new foreign policy concept say? – Moscow: Diplomatic Academy of the Russian Foreign Ministry, 2023. – 144 p.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of International law sub-faculty of the A. I. Herzen Russian State Pedagogical University
GLOBAL DIGITAL COMPACT: CURRENT STATE OF DEVELOPMENT AND PROSPECTS FOR ADOPTION
The purpose of the research undertaken in the article is to make suggestions on the content of a Global Digital Compact, the draft of which is being developed within the framework of the UN for adoption at the Summit of the Future in 2024. Methods of analysis and synthesis, formal-logical and problem-theoretical methods were used in the study. As a result of the study, it was revealed that the concept of a Global Digital Compact contains proposals for solving problems that have not been solved by international legal means for a long time. Only the problem of flexible management of artificial intelligence and other emerging technologies is new. The Global Digital Compact can be implemented by information and communication system operators using the mechanism of corporate social responsibility.
Keywords: international law, corporate social responsibility, UN, Global Digital Compact, the Summit of the Future in 2024, Sustainable Development Goals, information and communication technologies, information and communication systems.
Bibliographic list of articles
1. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
2. Bainbridge D.I. Introduction to Information Technology Law. – Edinburgh: Pearson Education Limited, 2008. – 665 p.
3. Big Data in Context Legal, Social and Technological Insights / Ed. by Thomas Hoeren, Barbara Kolany. – London: Springer, 2018. – 120 p.
4. Blowfield M., Murray A. Corporate Responsibility: a critical introduction. – Oxford: Oxford University Press, 2008. – 452 p.
5. Burri M. Big Data and Global Trade Law. – Cambridge: Cambridge University Press, 2021. – 376 p.
6. Campbell D., Ban C., editors. Legal Issues in the Global Information Society. – New York: Oceana Publications Inc., 2005. – 758 p.
7. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
8. Compagnucci M.C. Big Data, Databases and “Ownership” Rights in the Cloud. -London: Springer, 2020. – 308 p.
9. Hopkins M. Corporate Social Responsibility and International Development. Is Business is a Solution? – London: Earthscan, 2008. – 243 p.
10. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
11. Lloyd I. J. Information Technology Law. 5th ed. – Oxford: Oxford University Press, 2008. – 597 p.
12. Murray A. Information Technology Law: the law and society. – Oxford: Oxford university press, 2010. – 596 p.
13. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
14. Rowland D., Macdonald E. Information technology law. 3rd ed. – Abingdon: Cavendish Publishing Ltd., 2005. – 573 p.
15. Rowland D, Kohl U, Charlesworth A. Information Technology Law. 5th ed. – London: Routledge, 2017. – 549 p.
16. The Oxford Handbook of Corporate Social Responsibility / Ed. by Crane A., McWilliams A., Matten D., Moon J., Siegel D. – Oxford: Oxford University Press, 2008. – 590 p.
INTERNATIONAL PRIVATE LAW
ROTAR Dmitriy Evgenjevich
postgraduate student of the 2nd year of study of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL ASPECTS OF CORPORATE MIGRATION MECHANISMS IN CROSS-BORDER BANKRUPTCY
This article considers the development trends of one of the aspects of cross-border bankruptcy, namely corporate migration, in particular the mechanism of forum shopping. The emphasis is put on the development of cross-border bankruptcy in the Anglo-Saxon countries and the European Union, the experience formed in the European Union, namely the adoption of the Regulation (European Union) No. 2015/848 of the European Parliament and of the Council on insolvency procedures (hereinafter – the Regulation) is taken into account. Explanations and clarifications of certain articles of the Regulation are given. The experience of foreign countries is analyzed and the gaps of the Russian Federation in the regulation of the general direction of cross-border bankruptcy through the prism of private, i.e., the mechanism of corporate migration (forum shopping) are revealed. This mechanism is assessed considering the balance of interests of all parties to insolvency (bankruptcy) disputes.
Keywords: corporate migration, bankruptcy, bankruptcy tourism, forum shopping, cross-border bankruptcy.
Bibliographic list of articles
1. Odintsov S.V. Harmonization of regulation of cross-border bankruptcy procedures in the countries of the European Union // Collection of articles of the International Scientific and Practical Conference in memory of prof. V.K. Puchinsky. – M., RUDN Publishing House, 2014. – P. 109.
2. Odintsov S.V., Kolyada M.V., Mironov E.Yu. Legal problems of cross-border insolvency and negative manifestations of “bankrupt tourism” // Property relations in the Russian Federation. – 2018. – No. 8 (203). – P. 51.
3. Mokhova E. V., Yatsuk N. P., Lidzhanova A. E. Forum shopping and regulation competition in cross-border bankruptcies and restructurings // “Law”. – 2020. – No. 9.
4. Mokhova E. V., “Bankruptcy tourism”: migration of debtors in search of a better country for personal bankruptcy and debt relief // Document provided by Consultant Plus.
5. Ringe W. Insolvency Forum Shopping, Revisited (December 2017) // Hamburg Law Review. – 2017. – P. 51. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3091071 (date of access: 09/05/2023).
6. Westbrook J. Global Insolvency Proceedings for a Global Market: The Universalist System and the Choice of a Central Court (March 28, 2018). University of Texas Law, Public Law Research Paper. – No. 691. – P. 122-130. – [Electronic resource]. – Access mode: https://ssrn.com/abstract=3151805 (date of access: 09/05/2023).
7. Elena V. Sitkareva, Yulia A. Artemyeva, Svetlana Mendosa-molina. Corporate migration in Cross-Border Bankruptcy // Proceedings of INTCESS 2019-6th International Conference on Education and Social Sciences, 4-6 February 2019-Dubai, U.A.E.
INTERNATIONAL PRIVATE 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
FALKINA Galina Yurjevna
student of the Patrice Lumumba Peoples’ Friendship University of Russia
APPROACHES TO THE REGULATION OF SMART CONTRACTS: EU EXPERIENCE
The article examines the legal nature of smart contracts, as well as the problems associated with determining the proper legal order for regulating public relations arising from smart contracts. In addition, various approaches to determining the applicable law to smart contracts and attempts to regulate them in the EU countries, which were influenced by the adopted draft law in the EU on smart contracts and blockchain technology, are considered.
Keywords: smart contracts blockchain, Data Law, smart contract decentralization, distributed ledger technology, DLT, smart contract certification.
Bibliographic list of articles
1. Claudia Csáky, Sarah Kasslatter. Impact of digitalization and legal tech on IP law: part one – blockchain and smart contracts // Lexology legal research platform. – 04/17/2023. – [Electronic resource]. – Access mode: https://www.lexology.com/commentary/intellectual-property/international/graf-isola-rechtsanwlte-gmbh/impact-of-digitalisation-and-legal-tech-on-ip-law-part- one-blockchain-and-smart-contracts#Possible%20applications%20in%20intellectual%20property.
2. Hall & Wilcox Token mapping: Australian Government seeks feedback on proposed approach to crypto regulation // Lexology legal research platform. – 02/06/2023. – [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=3b39703d-8e68-4f83-9b0e-9a4eaa785006.
3. Mason Hayes & Curran LLP Smart Contracts: The Future of Blockchain? // Lexology legal research platform. – 05/29/2019. – [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=49a55296-d931-47cd-81bf-75e995acf99d.
4. Szabo N. Formalizing and securing relationships on public networks. – 1997. – No. 2(9). – [Electronic resource]. – Access mode: https://firstmonday.org/article/view/548/469.
5. Larry A. DiMatteo, Michel Cannarsa, Cristina Poncibò. Smart Contracts and Contract Law from Part I – General Framework // Cambridge University Press. – 2019. – P. 3 – 18. – DOI: https://doi.org/10.1017/9781108592239.001.
6. Miguel Amaral Case Studies on the Regulatory Challenges Raised by Innovation and the Regulatory Responses // OECD iLibrary. – 12/14/2021. – [Electronic resource]. – Access mode: https://www.oecd-ilibrary.org/sites/8fa190b5-en/index.html?itemId=/content/publication/8fa190b5-en.
7. Jack Schickler. EU Commission Brushes Off ‘Data Act’ Fears by Crypto Industry // CoinDesk. – 02/20/2023. – [Electronic resource]. – Access mode: https://www.coindesk.com/policy/2023/06/20/eu-commission-brushes-off-data-act-fears-by-crypto-industry/?_gl=1*e3q4in*_up *MQ..*_ga*OTQ1Njk5OTU5LjE2OTk1MjYwMzI.*_ga_VM3STRYVN8*MTY5OTUyNjAzMC4xLjAuMTY5OTUyNjAzMC42MC4wLjA.
8. Rusakova E. P. KLEROS Court: is it a revolution in the dispute resolution process? // Gaps in Russian legislation. – 2022. – T. 15. No. 5. – P. 278-281.
9. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // RUDN Journal of Law. – 2022. – Vol. 26, No. 3. – P. 695-704. – DOI 10.22363/2313-2337-2022-26-3-695-704.
10. 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.
THEORY OF STATE AND LAW
AMANALIEV Urmat Olzhobekovich
Ph.D. in Law, Director of the Graduate School of Administration of the Zh. Abdrakhmanov Academy of State Administration under the President of the Kyrgyz Republic, Bishkek
MAMYTOVA Aina Oskonbayevna
professor, expert of the Zh. Abdrakhmanov Academy of Public Administrationunder the President of the Kyrgyz Republic
SELECTION AND TRAINING OF STATE AND MUNICIPAL EMPLOYEES IN THE KYRGYZ REPUBLIC: THEORETICAL AND LEGAL RESEARCH
It should be noted that the importance of the institution of state and municipal service is evidenced by a significant number of scientific works in which its administrative, legal, social and psychological aspects are revealed. The authors of this article highlight the features of state and municipal service selection and training. The article analyzes the experience of the Kyrgyz Republic in training, retraining, advanced training and selection of civil and municipal employees. The article also reveals an understanding of the process of professional training of state and municipal employees, describes the mechanisms that facilitate this, and draws attention not only to the general principles of professional training, but also to its effectiveness.
The results of the study can be used in practical activities to organize additional professional education (DPE) programs for state civil servants and municipal employees of the Kyrgyz Republic holding positions of the highest, main, senior junior group of civil service positions.
Keywords: law, legislation, public service, municipal service, career, reserve, position, selection, competition.
Bibliographic list of articles
1. Constitution of the Kyrgyz Republic (adopted by referendum on April 11, 2021).
2. Alyshbaev K.K. Personnel policy of the Kyrgyz Republic – legal foundations of the state and municipal service of the Kyrgyz Republic. Data from the presentation of the training seminar. State Agency for Civil Service and Local Self-Government under the Cabinet of Ministers of the Kyrgyz Republic. September 2023
3. Data from the presentation. State Agency for Civil Service and Local Self-Government under the Cabinet of Ministers of the Kyrgyz Republic. September 2023
4. Law of the Kyrgyz Republic dated October 27, 2021 No. 125 “On state civil service and municipal service.”
5. Decree of the President of the Kyrgyz Republic “On the formation and functioning of the personnel reserve of the state civil service and municipal service of the state body and local government of the Kyrgyz Republic.” dated February 2, 2022, UP No. 24.
6. Decree of the President of the Kyrgyz Republic dated May 31, 2022 No. 169 “On approval of the Procedure for certification and the procedure for passing the probationary period of state civil servants and municipal employees.”
7. Bakchiev D. B. Improving the selection and selection of personnel in the public service through modern human resource management Analytical note. NISI KR, 2016. 16 p.
8. Decree of the President of the Kyrgyz Republic “On the creation and operation of the regional and municipal personnel reserve dated November 5, 2021 No. 521.”
9. Decree of the President of the Kyrgyz Republic dated February 2, 2022 No. 24 “On approval of the regulations on the procedure for holding an open competition for inclusion in the personnel reserve of the state civil service and municipal service of a state body and local government, its formation and functioning.
10. Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated April 18, 2023 No. 209 “On issues of training state civil servants and municipal employees of the Kyrgyz Republic.”
11. Decree of the President of the Kyrgyz Republic dated October 18, 2023 No. 262 on approval of the Model Regulations on career planning of state civil servants and municipal employees.
THEORY OF STATE AND LAW
BAYNIYAZOVA Zulfiya Suleymanovna
Ph.D. in Law, associate professor of State and law theory sub-faculty of the Law Faculty of the N. G. Chernyshevsky Saratov National Research State University
ON SOME ASPECTS OF THE BALANCE OF THE LEGAL SYSTEM OF THE RUSSIAN STATE IN THE DIGITAL AGE
The article examines the main issues of the development of the domestic legal system. The necessity of ensuring the balance of the legal system in the context of the development of the information society is substantiated. The article pays considerable attention to the consideration of the value foundations of the legal system related to law and humanistic values. The author draws attention to the role of law in giving the legal system a vector of sustainable development. The author makes a reasonable conclusion about the need for further research of the directions of development of the legal system in the context of the challenges of the digital age.
Keywords: balance of the legal system, value orientations, humanistic values, law, information society, digital age.
Bibliographic list of articles
1. Avt0nomov A. S. The value of the Constitution // State and law. – 2009. – No. 3. – P. 5-11.
2. Lukasheva E. A. Man, law, civilizations: normative and value dimension. – M.: Norma, 2009. – 384 p.
3. Matuzov N. I. Current problems of the theory of law. – Saratov: SGAP Publishing House, 2003. – 512 p.
THEORY OF STATE AND LAW
GORBUNOV Maxim Dmitrievich
Ph.D. in Law, senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevsky State University
NEIL MCCORMICK ON THE STATE IN THE NORMATIVE SYSTEM
The article examines the views on states of Neil McCormick, one of the key representatives of analytical jurisprudence. The problematic nature and relevance of the question of the place of the state in the legal system is one of the central ones in jurisprudence, and the views of a lawyer combine originality and practice-orientedness. McCormick points out that in modern conditions of “soft law”, processes of democratization and relativization of sovereignty, the state has lost its monopoly on the formation of the official legal order. The role of the state is rather utilitarian and is considered as a component of the institutional system of normative regulation that takes shape in the sphere political of relations at the level of various social entities, primarily at the level of nations.
Keywords: state, law, nation, normative system, sovereignty, analytical jurisprudence, legal understanding.
Bibliographic list of articles
1. Baitin M.I. The essence of law (Modern normative legal understanding on the verge of two centuries). – M.: Law and State, 2005. – 554 p.
2. Vyshinsky A. Ya. Questions of the theory of state and law. – M.: Gosyurizdat, 1949. – 424 p.
3. Nersesyants V. S. Philosophy of law: libertarian-legal concept // Questions of philosophy. – 2002. – No. 3. – P. 3-15.
4. Shershenevich G. F. Philosophy of Law. T. 1: Theoretical part. Vol. 1: General theory of law. – M.: Publishing house Br. Bashmakovs, 1910. – 320 p.
5. MacCormick N. Institutions of Law: An Essay in Legal Theory, 1st edition. – New York: Oxford University Press, 2007. – 317 p.
6. MacCormick N. Questioning Sovereignty: Law, State and Nation in the European Commonwealth. – Oxford: Oxford University Press, 1999. – 222 p.
7. Twining W. Biographical Memoirs of Fellows of the British Academy. XI, 2012. – P. 449-471.
THEORY OF STATE AND LAW
ZIKUNOVA Natalya Vladimirovna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
PSYCHOLOGICAL SERVICE IN THE MECHANISM OF THE STATE
The article considers the concept of “psychological service” and attempts to reveal the understanding of psychological service in the mechanism of the state. It is noted that the psychological service plays an important role in providing psychological assistance to citizens, as well as in psychological support of various types of activities carried out by the state to implement its functions. At the same time, despite the mention of the term “psychological service” in various regulatory legal acts, this definition is not legally fixed. In conclusion, the author’s definition of psychological service in the mechanism of the state is proposed.
Keywords: psychological service.
Bibliographic list of articles
1. Large psychological dictionary / Ed. B. G. Meshcheryakova, V. P. Zinchenko. – 4th ed., expanded. – Moscow: AST; St. Petersburg: Prime-Eurosign, 2009. – 811 p.
2. Burtseva I. I. Management of social and psychological service in the municipal education system: dis. …cand. ped. Sci. – Tula, 2009. – 221 pp.
3. Vasilyeva I.V. Organization of psychological services: textbook. – Tyumen: Tyumen State Publishing House. University, 2011. – 144 p.
4. Galitsyna I.V. Organizational and pedagogical conditions for the formation and functioning of the psychological service system of a university: dis. …cand. ped. Sci. – Ryazan, 2011. – 199 p.
5. Debolsky M. G. Psychological service of the penal system as a standard model of departmental psychological service // Electronic journal “Psychology and Law”. – 2011. – No. 1. – P. 1-12.
6. Dergacheva L. A. Theoretical principles and experience in organizing psychological services at an industrial enterprise: dis. …cand. psycho. Sci. – Moscow, 1987. – 206 p.
7. Dubrovina I.V. Theoretical foundations and applied aspects of the development of school psychological services: dis. …doc. psycho. Sci. – Moscow, 1988. – 311 p.
8. Zhdanova V.V. Development of the psychological service of a pedagogical university: dis. …cand. psycho. Sci. – Kursk, 2006. – 248 pp.
9. Brief philosophical encyclopedia. – M.: Progress – Encyclopedia, 1994. – 574 p.
10. A brief dictionary of the system of psychological concepts. – M.: Higher. school, 1984. Platonov K.K. – [Electronic resource]. – Access mode: https://vocabulary.ru/slovari/kratkii-slovar-sistemy-psihologicheskih-po№jatii-m-vyssh-shk-1984.html (date of access: 09.09.2023).
11. Ladanov I. D. Problems of psychological service / Acad. adv. households under the Council of Ministers of the USSR, Dept. law and management psychology. – Moscow: Academy of National Economy of the USSR, 1989. – 53 p.
12. Metelkova E.I. Psychological service as a resource for the development of modern education: dis. …cand. psycho. Sci. – Moscow, 2010. – 275 p.
13. Morozova I. S. Organizational and methodological aspects of the formation and development of psychological services in an institution: textbook / I. S. Morozova, K. N. Belogay, T. O. Ott; Kemerovo State University. – Kemerovo, 2011. – 299 p.
14. Novikov V.V. Social and psychological problems of production team management: Based on the material of the industrial psychological service of the USSR Ministry of Petrochemical Industry: dis. … doc. psycho. Sci. – Moscow, 1980. – 321 p.
15. Organization of psychological services: textbook / P. V. Putivtsev; Ministry of Education of the Moscow Region, State Educational Institution of Higher Education Moscow State Regional University. – Moscow: MGOU, 2018. –179 p.
16. Petrov E. V. System of psychological support for professional activity in the Ministry of Internal Affairs of Russia (genesis and development prospects). – M.: ABSOLUTE Group, 2007. – 208 p.
17. Practical psychology of education / Ed. I. V. Dubrovina. – St. Petersburg: Peter, 2004. – 592 p.
18. Psychological service: educational and methodological manual / Author-comp. E. V. Matveeva. – Kirov: VyatGGU Publishing House, 2007. – 63 p.
19. Psychological service of an organization: textbook / V. G. Zazykin, E. V. Samarina, R. V. Aleksandrova, E. A. Baklanova. – Ryazan: Ryazan State. University named after S. A. Yesenina, 2018. – 171 p.
20. Starilov Yu. N. Public service in the Russian Federation: Theoretical and legal research. – Voronezh: Voronezh University Publishing House, 1996. – 456 p.
21. Explanatory dictionary of the living Great Russian language: In 4 volumes / Dal V.I. – M.: RIPOL classic, 2006. / Volume 4. R-Ya. – 672 p. / pp. 127-374. – (Golden Collection). – [Electronic resource]. – Access mode: https://azbyka.ru/otech№ik/Spravoch№iki/tolkovyj-slovar-zhivogo-velikorusskogo-jazyka-v-i-dalja-bukva-s/1140 (date of access: 09.09.2023).
THEORY OF STATE AND LAW
MALTSEVA Tatyana Vladimirovna
adjunct of the Faculty of Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
THE IMPLICIT CONTENT OF THE LEGAL CATEGORY “WARNING”
This article discusses the essence of the content of the concept of warning as a legal category. Due to the fact that in modern science there is no generally accepted understanding of the term “legal warning”, since the attempts to interpret it still do not give its clear scientific definition from the point of view of the theory of law, there is no single approach to its practical application. The article attempts to reveal the legal nature of the “warning” and compare it with other similar concepts recorded in official documents adopted by the legislative bodies of the state.
Keywords: warning as a legal category, implicitness, legal norms, interpretation of legal norms, crime prevention.
Bibliographic list of articles
1. Large legal dictionary / Ed. A. Ya. Sukhareva, V. E. Krutskikh. 2nd ed., revised. and additional – M.: INFRA-M, 2004. – P. 704.
2. Voronin Yu. A., Mayorov A. V. Theoretical foundations of the formation of a system for combating crime in Russia // Criminological. magazine of the Baikal State University of Economics and Law. – 2013. – No. 1. – P. 7-16.
3. Grishin D. A. Crime prevention. Differentiation of terminology used. // Law and law. – 2020. – No. 3. – P. 91-94.
4. Ozhegov S.I. Explanatory dictionary of the Russian language. – M.: Peace and Education, 2008. – P. 976.
5. Radko T. N. Concept and characteristics of the functions of law // Bulletin of the Academy of Law and Management. – 2016. – No. 3 (44). – pp. 22-30.
6. Repyev A.G. “Judicial warning” as a new measure of administrative punishment // Administrative law. – 2019. – No. 2 (89). – P. 84-90.
7. Dictionary of foreign words. 7th ed., revised. – M.: Rus. lang., 1980. – P. 622.
THEORY OF STATE AND LAW
OSADCHUK Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, Simferopol
SOCIAL CONDITIONALITY AND PRINCIPLES OF ELECTORAL LAW
The article examines theoretical issues related to the study of citizens’ electoral rights, which act as a means to ensure the implementation of the electoral foundations of state power and require appropriate regulation, which finds expression in the norms of electoral legislation. Electoral legislation appears to be a multifaceted socio-political phenomenon, which, according to its goals and objectives, is aimed at state support and protection of the democratic process of elections, or other forms of democracy, and observance of the rule of law by all other subjects of law. The article substantiates the social conditionality of the electoral right based on the fact that the electoral right refers to natural human rights. The need to expand the understanding of electoral law from the traditional (positivist) equalization of it with the system of established and state-provided norms, to the natural right inherent in a person from birth, which requires regulation in the current legislation to create appropriate conditions for its use, implementation and protection, is substantiated.
Keywords: democracy, elections, electoral system, electoral legislation, electoral law, objective electoral law, electoral law, principles of electoral law.
Bibliographic list of articles
1. Constitution of the Russian Federation: [adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 1, 2020] // Official Internet – portal of legal information. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru.
2. Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States of October 7, 2002, ratified by Federal Law No. 89-FZ of July 2, 2003 “On Ratification of the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms” in the member states of the Commonwealth of Independent States” // SZ RF. – 07.07.2003. – No. 27 (part 1). – St. 2703.
3. Chirkin V. E. Constitutional law of foreign countries. – M.: Yurist, 1997. – 493 p.
4. Kozlova E. I., Kutafin O. E. Constitutional law of Russia / Textbook. 5th ed., revised. and additional – Moscow: Prospekt, 2015. – 592 p.
5. Federal Law of June 12, 2002 No. 67-FZ (as amended on July 31, 2023) “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation // Collection of legislation of the Russian Federation. – 06/17/2002. – No. 24. – Art. 2253.
6. Knyazev S. D. Principles of Russian electoral law // Jurisprudence. – 1998. – No. 2 – P. 21-30.
7. Yengibaryan R.V. Comparative constitutional law: textbook. allowance – M.: Yurist, 2005. – 462 p.
8. Okunkova L. A. Constitutions of European States: in 3 volumes / Under the general editorship. L. A. Okunkova. – T. 1. – M.: Publishing house NORM, 2001. – 438 p.
9. Dudchenko V.V. Tradition of legal development: pluralism of legal doctrines. – O.: Legal. lit., 2006. – 304 p.
10. Dudchenko V.V. The problem of conceptualization of law // Current problems of state and law: Coll. scientific works – O.: Legal. lit., 2005. – Issue. 24. – pp. 187-194.
11. Universal Declaration of Human Rights (adopted by the UN General Assembly on December 10, 1948) // Russian newspaper. – No. 67. – 04/05/1995.
THEORY OF STATE AND LAW
SIDORUK Anastasiya Yurjevna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
PROPERTIES OF PUBLIC AUTHORITY AND THE NEED TO LIMIT THEM
The article is devoted to the study of the content of the concept of public power, the properties of public power and the mechanisms of its limitations. The author considers certain properties, such as justice, legality (legality), coercion and sovereignty, necessary for public authorities to restrain its abuses. The activities of public authorities should be based on the principles of responsibility, transparency, equality and justice. As a result of the research conducted, the author comes to a reasonable conclusion about the need for restrictions on public power, which is expressed in the restraining effect of partial manifestation of some of its properties.
Keywords: public authority, properties, restrictions, state, authority, coercion, sovereignty, fundamental rights and freedoms.
Bibliographic list of articles
1. Gomerov I. N. Structure and properties of power / Centrosoyuz Ross. Federation. Sib. the university will consume. co-op – Novosibirsk: Sib. the university will consume. koop., 2000. – 231 p.
2. Ilyin I.A. Theory of Law and State / Ed. and with a preface. V. A. Tomsinova; Moscow State University named after M. V. Lomonosov. Legal fak. – Moscow: MIRROR: System GARANT, 2003 (PPP Type. Science). – 398 pp.
3. Kistyakovsky B. A. Social sciences and law: essays on the methodology of social sciences and general theory of law. – Moscow: M. and S. Sabashnikov, 1916 (Typolytography from the company of I. N. Kushnerev and K). – IV. – 704 p.
4. Korkunov N. M. History of the philosophy of law: a manual for lectures. – St. Petersburg: Science, 2019. – 504 p.
5. Kushkhova B.Z. Legal responsibility of public authorities in modern Russia: a general theoretical aspect. – Pyatigorsk, RIA-KMV, 2017. – 192 p.
6. Makareiko N.V. State coercion: problems of theory and practice of implementation. – Moscow: Yurlitinform, 2015. – 354 p.
7. Matuzov N. I. Current problems of the theory of law. – Saratov: Publishing house Sarat. state acad. Law, 2003. – 510 p.
8. Public power: problems of implementation and responsibility / [N. I. Mazuov, A. V. Malko, V. T. Karbyshev, etc.]: ed. N. I. Matuzov, O. I. Tsybulevskaya; State Educational Institution of Higher Professional Education “Saratov State Academy of Law”. – Saratov. Publishing house of the State Educational Institution of Higher Professional Education “Saratov State Academy of Law”, 2011. – 528 pp.
9. Khoroshiltsev A.I. State power and the principles of its organization in a democratic society: Theoretical and legal research: dissertation … candidate of legal sciences: 12.00.01. – Moscow, 2002. – 198 p.
10. Shershenevich G.F. General theory of law: In 2 volumes – M.: Publishing house. MSU, 1995. – T. 2. – 512 p.
THEORY OF STATE AND LAW
SHISHKHANOV Kamil Umaralievich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
THE CONCEPT AND IDEOLOGICAL ORIGINS OF RUSSIAN CONSERVATISM
The article is devoted to the analysis of Russian conservatism as a phenomenon characterized by the presence of social and political principles. The cultural and social prerequisites, the essence and features of conservative political and legal thought are fully defined. A typological version of the classification of the origins of the Russian model of conservatism is presented. Also, the conceptual foundations of the conservative tradition are considered with an eye to Russian social and political ideas. It is established that the Russian tradition of conservatism contradicts the liberal concept in the context of approaches to the consideration of the concept of “human personality”. Within the framework of Russian conservatism as a separate trend, society has always been viewed as a complex organism formed by estates, different communities and not only. As a result of the research, important conclusions have been obtained that allow us to assert that there is a pronounced and irrefutable continuity of conservative principles at different stages of the historical development of Russia as one of the greatest states.
Keywords: conservatism, conservative theories, autocracy, monarchy, legal life, autocracy, Orthodoxy, nationality, monarchism.
Bibliographic list of articles
1. Golikov A.K. Russian conservatism of the 19th – early 20th centuries in the context of Western European conservatism // POLITEX. – 2006. – No. 1. – P. 300-321.
2. Kumskova S.N. The phenomenon of Russian conservatism // SibScript. – 2010. – No. 1. – P. 200-204.
3. Shamshurin V.I., Filipskaya E.V. Reflections on conservatism // Bulletin of Moscow University. Series 12. Political sciences. – 2009. – No. 1. – P. 20-26.
4. Pitirim Sorokin. Man, civilization, society. – M., 1992. – P. 429.
5. Gorokhov A. A. Two approaches to understanding Russian conservatism in the history of socio-political thought in Russia in the 19th-21st centuries // Bulletin of Moscow University. Series 12. Political sciences. – 2012. – No. 2. – P. 110-115.
6. Tikhomirov L. A. Monarchical statehood. – M., 1905. – P. 453.
THEORY OF STATE AND LAW
IGNATJEVA Alexandra Valentinovna
adjunct of the Faculty of Training of Scientific and scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
GENERAL THEORETICAL ANALYSIS OF THE PHENOMENON OF “CIRCUMVENTION OF THE LAW”
The article presents the results of the theoretical consideration of the general legal phenomenon of “circumvention of the law”. The purpose of the study was to study the circumvention of the law within the existing typology of legal behavior, taking into account its ambiguous understanding and attribution to lawful or illegal. Studies of “circumvention of the law” at the doctrinal level in the works of legal scholars and its consolidation in legislation are considered. Both domestic experience of legal regulation and foreign practice are given. The author has determined that “circumvention of the law” can exist in the form of a long process or as a one-time action.
Keywords: prohibition on circumvention of the law, the law, pretense, imaginary, legal norms, judicial practice, responsibility.
Bibliographic list of articles
1. Volkov A.V. The concept of “bypassing the law” in the doctrine and practice of civil law // Laws of Russia: experience, analysis, practice. – 2013. – No. 1. – P. 73-77.
2. Guy. Institutions / Transl. [from Latin] F. Dydynsky. – M.: Yurist, 1997. – 361 p.
3. Gambarov Yu. S. Civil law. A common part. – M.: Mirror, 2003. – P. 746.
4. Justinian’s Digests / Trans. from lat. T. III. – M.: Statute, 2003. – P. 291.
5. Zakharova O. E. Circumvention of the law as a form of abuse of law under Russian and German civil legislation: comparative legal analysis: dis. …cand. legal Sci. – Ekaterinburg, 2021. – 221 p.
6. Meyer D.I. About legal fictions and assumptions, about secretive and feigned actions // Selected works on civil law. – M.: Center YURIN-FOR, 2003. – P. 146.
7. Muranov A.I. The problem of “bypassing the law” in substantive and conflict of laws: dis. …cand. legal Sci. – M., 1999. – 272 p.
8. Podshivalov T. P. Bypassing the law in private international law // Journal of Russian Law. – 2016. – pp. 145-153.
9. Pokrovsky I. A. Basic problems of civil law. – M.: Statute, 2001. – 302 p.
10. Popova I. Yu. Transactions bypassing the law and its consequences in the civil law of Russia and the USA: dis. …cand. legal Sci. – M., 2018. – 169 pp
11. Rarog A.I. Gaps in the criminal legislation of Russia // Gaps in Russian legislation. – 2008. – No. 1. – P. 194-197.
12. Repyev A. G., Senyakin I. N., Torchilin K. E. Prohibition on circumventing the law in the mechanism of legal regulation: historical and legal aspect // Bulletin of Tomsk State University. Tomsk: Tomsk State University. – 2022. – No. 474. – P. 272-284.
13. Rekhtina I. V. Problems of interaction between the Russian Federation and the European Court of Human Rights // Arbitration and civil process. – 2013. – No. 1. – P. 44-48.
THEORY OF STATE AND LAW
MATANTSEV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of State law disciplines sub-faculty of the Academy of Management of the MIA of Russia
THEORETICAL VIEW ON THE CONCEPT OF “MANAGERIAL LEGAL RELATIONSHIP”
The article studies the general concept of legal relations, reveals its functional purpose, and defines the specifics of managerial legal relations. The author notes that the category of legal relations has an interpretative and integrating meaning. At the same time, it is proposed to consider managerial legal relations from broad, intersectoral positions, not limited to the framework of administrative law. In addition to their subject composition and object, their target orientation and systematic importance in the process of public administration are considered as key characteristics of managerial legal relations.
Keywords: legal relationship, managerial legal relationship, legal form, public administration, systemic relationships.
Bibliographic list of articles
1. Andreeva I. A. and others. Current problems of the theory of law: textbook. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2021. – 400 pp.
2. Belov V. A. Civil law in 4 volumes. Volume I. General part. Introduction to civil law: a textbook for universities. 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 622 p.
3. Kozlov Yu. M. Administrative legal relations. – M.: Legal literature, 1976. – 184 p.
4. The concept of legislative regulation of mechanisms for organizing the circulation of digital currencies. [Electronic resource]. – Access mode: http://static.government.ru (access date: 10/01/2023).
5. Luparev E. B. Administrative law: in 10 volumes. T. 2 Administrative legal relations. – M.: Publishing House NP “Eurasian Academy of Administrative Sciences”, 2013. – 232 pp.
6. Halfina R. O. General doctrine of legal relations. – M.: Legal literature, 1974. – 351 p.
HISTORY OF STATE AND LAW
BESSILIN Nikolay Anatoljevich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
UTYAGULOV Marat Mirsaitovich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
RESETTLEMENT OF PEASANTS TO BASHKIRIA ATTHE TURN OF THE XIX-XX CENTURIES
The article reveals the main conditions and reasons for the resettlement of the peasantry in Bashkiria at the turn of the 19th-20th centuries, where the directions of the resettlement policy of the Russian government are analyzed. Based on the study of archival materials and sources, the author reveals the progressive dispossession of the peasantry, which forced tsarism to develop measures for the mass and organized resettlement of peasants to the sparsely populated and land-rich provinces of the country, including the Bashkir region.
Keywords: peasantry, resettlement, lack of land, tithe, patrimonial land ownership, Bashkir region.
Bibliographic list of articles
1. Lenin V.I. Political notes. PSS. – T. 16.
2. Lenin V.I. The agrarian question in Russia by the end of the 19th century. PSS. – T. 17.
3. Khromov P. A. Economic development of Russia in the XIX – XX centuries. (1800-1917). – M., 1950. – 551 p.
4. Chernyshev I.V. Agrarian question in Russia. – Kursk: Soviet Village, 1927. – 232 pp.
5. Simonova M. S. The struggle of currents in the government camp on the issue of agrarian policy at the end of the 19th century. // History of the USSR. – 1963. – No. 1.
6. Sokolov D.N. Orenburg province. Geographical sketch. – M.: “Zadruga”, 1916. – 102 p.
7. IN RB. – F. 168. – Op. 1. – D. 192.
8. Karabanov N.V. Resettlement and resettlement of peasants in the 80s. XIX century – M.: Publishing house. Sytin’s House, 1912. – 82 p.
9. United State Archive of the Orenburg Region. – F. 13. – Op. 2. – D. 11.
10. Settlements of Bashkortostan. In 4 volumes. T. 1. Territorial body of the Federal State Statistics Service for the Republic of Bashkortostan. – Ufa: Kitap, 2018. – 300 pp.
11. Usmanov Kh. F. Development of capitalism in agriculture of Bashkiria in the post-reform period. – M: Nauka, 1981. – 372 pp.
HISTORY OF STATE AND LAW
LADYGINA Oksana Alexandrovna
master of law, senior lecturer of General legal disciplines sub-faculty of the B. Beissenov Karaganda Academy of the MIA of the Republic of Kazakhstan, lieutenant colonel of police
DEVELOPMENT OF THE LEGAL STATUS OF THE INDIVIDUAL IN THE SOVIET PERIOD
The article examines the development of the legal status of the individual in the Soviet period from 1917 to 1991. The characteristic of the state laws adopted during this period is given. A comparative analysis of the Constitution of the RSFSR of 1918 and the Constitution of the USSR of 1936, where the constitutional and legal status of the individual is fixed for the first time, a separate chapter dedicated to the rights and duties of citizens is allocated. In addition, attention is focused on the further constitutional development of the state.
Keywords: legal status, personality, Constitution, Soviet period, reform, rights, duties.
Bibliographic list of articles
1. Tataryan V. G., Ladygina O. A. Protection of the rights and freedoms of man and citizen in the Republic of Kazakhstan // International Journal of Constitutional and State Law. – No. 2. – 2021. – P. 137.
2. Aleksandrov Yu. Development of the penal system of Russia: myths and reality // Human Rights Defender. – M., 1996. – P. 21.
3. Berkhin I. B. History of the USSR (1917-1978). – M.: Higher School, 1979. – P. 309.
4. Petrovich D. V. Some features of the proclamation of fundamental rights and freedoms in Russia at the beginning of the 20th century // State, law, personality: history, theory, practice: scientific and practical materials. Conf., 18 Feb. 2006 / Ed. prof. S. A. Komarov. – Kolomna, 2006. – P. 99.
HISTORY OF STATE AND LAW
LONSHAKOV Anton Alexandrovich
adjunct of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
CLASSIFICATION OF MILITIA FORMATIONS OF THE RUSSIAN EMPIRE AND THEIR ROLE IN THE FUNCTIONING OF THE STATE
The article deals with the organization of the activities of militia formations in the Russian Empire. The role of militia formations in the life of society and the state is determined. The classification of militia formations into state and non-state, as well as other variants of classifications according to functional, ethnic and social characteristics is given.
Keywords: state, functions of the state, protective function of the state, militia formations, land militia.
Bibliographic list of articles
1. Amirov R.Z. Police functions of the army of the Russian state, XVIII – first quarter of the XIX century: dissertation … candidate of legal sciences: 12.00.01. – M., 1996. – 194 p.
2. Borisov A., Malygin A., Mulukaev R. Three centuries of Russian police. – M.: RIPOL classic, 2016. – P. 425-441.
3. Lyubavsky M.K. Essay on the history of Russian colonization from ancient times to the 20th century. – M.: Publishing house Mosk. University, 1996. – pp. 309-310.
4. Pozharsky D.V. Protective function of the state (theoretical and methodological problems): dissertation … Doctor of Law: 12.00.01. – M., 2015. – P. 119.
HISTORY OF STATE AND LAW
SERGEEVA Tatyana Nikolaevna
adjunct of the Faculty of Training of Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
THE FUNCTION OF NATIONAL DEFENSE: SOVIET EXPERIENCE AND MODERN CHALLENGES
The article provides a historical and legal analysis of the country’s defense function as one of the most important external functions of the Soviet and modern Russian state. The main goals and objectives of this function have been identified. The relevance of this function is confirmed by the fact that potential external threats currently persist, and in some areas intensify military security and territorial integrity of the Russian Federation.
Keywords: socialist state, foreign policy, external functions of the state, national defense function, state activities, goals and objectives of the state, protection of sovereignty, security.
Bibliographic list of articles
1. Baitin M.I. Essence and main functions of the socialist state. – Saratov: Saratov University Publishing House, 1979. – 302 pp.
2. Materials of the XXIII Congress of the CPSU. – M.: Politizdat, 1966. – 303 p.
3. Materials of the XXV Congress of the CPSU. – M.: Politizdat, 1976. – 256 p.
4. Chernogolovkin N.V. Functions of the Soviet state during the period of extensive construction of communism – M.: Legal literature 1960. – 191 p.
5. Khrushchev N. S. Forty years of the Great October Socialist Revolution, Gospolitizdat, 1957. – 78 p.
6. National Security Strategy of the Russian Federation. – 3rd ed. add. – Moscow: INFRA-M, 2023 – 101 p.
HISTORY OF STATE AND LAW
VASILJEVA Yuliya Alexandrovna
postgraduate officer of the Faculty of Training of Scientific and scientific-pedagogical personnel of the Academy of Management of the MIA of Russia
DEVELOPMENT OF PROBLEMS OF OBJECTIVELY ILLEGAL BEHAVIOR IN SOVIET LEGAL SCIENCE
This article is devoted to the development of the legal category of objectively illegal behavior in the Soviet period and also consideration of scientific works of such scientists as G. K. Matveev, I. S. Samoshchenko, V. N. Kudryavcev and others. The article deals with the problems of objectively illegal behavior in the Soviet legal science. Soviet legal science was a new phenomenon that was supposed to replace traditional law and legal science.
The article also analyzes how this behavior is used in the current Russian law. The importance of this category in ensuring compliance with legal norms in society is emphasized, but disputes and disagreements arise regarding its definition and application.
Keywords: legal behavior, objectively illegal behavior, Soviet law, legal law.
Bibliographic list of articles
1. Aleksandrov N. G. Legality and legal relations in Soviet society. – M., 1955. – 176 p.
2. Alekseev S.S. Problems of the theory of law. – Sverdlovsk, 1972. – T. 1. – 396 p.
3. Ardashkin V.D. On coercion under Soviet law // Soviet State and Law. – 1970. – No. 7.
4. Kudryavtsev V. N. Legal behavior: norm and pathology. – M., 1982. – 287 p.
5. Matveev G.K. Guilt in Soviet civil law. – Kyiv, 1955.
6. Minnikes I. A. Legal anomalies and legal responsibility // Legal responsibility: general problems and industry features. – Vladivostok, 1990. – pp. 13-14.
7. Samoshchenko I. S. The concept of offense under Soviet legislation. – M., 1963.
8. Chetvernin V. A. General theory of law and state. – M., 2007.
9. Shaburov A. S. Behavior of people in the legal sphere. Lawful behavior. Offense // Theory of state and law. – M., 2001.
HISTORY OF STATE AND LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor, associate professor of the International law sub-faculty of the Diplomatic Academy of the MFA of Russia
BESCHETNOV Sergey Sergeevich
postgraduate student of Public policy and history of state and law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
STATUTORY LAW AND FEATURES OF ITS CODIFICATION IN THE CARIBBEAN ISLANDS OF THE XVII-XIX CENTURIES
The article, which is the author’s material in this cycle, examines the problem of the domestication of the traditions of English jurisprudence in the focus of the legal space of the Caribbean countries, aspects of the development of which remain the most relevant in legal comparative studies , including in the island territories of the Mesoamerican region today.
Within the framework of the scientific work, the evolutionary processes that had a key influence on the Caribbean legal reality during the colonial and postcolonial vector of development of legal systems are investigated.
Based on the historical and political concept of chronotropic, it is concluded that the statute, being an integral source of common law, has been undergoing the process of adaptation and restoration of a number of its original elements for many centuries and at the same time coexists on an equal footing with the living traditions of continental jurisprudence in the West Indies.
Keywords: statute, law, Caribbean law, traditions, judicial precedent, legislator, common law, erosion of law, comparative law, colonial law, West Indies, legal system, conflicts, harmonization of law .
Bibliographic list of articles
1. Trikoz E. N., Shvets A. A. Legal transplants and model codes in countries with a mixed legal system // Society and Law. – 2023. – No. 1 (83). – pp. 93-100.
2. Petit É. Droit Public ou Gouvernement des Colonies Françoises: D’après les Loix faits pour ces Pays (1771) / Éd. A. Girault. P.: Librairie Paul Gauthier, 1911. – T. 1-2. – P. 1-456.
3. Olson J. S., Shadle R. Historical Dictionary of the British Empire. – Greenwood Press, 1996.
4. Hall C. G. A legislative history of vagrancy in England and Barbados // Contemporary Caribbean Legal Issues. – Cave Hill, Barbados: UWI, 1997. – No. 2. – P. 37-51.
5. Antoine R.-M. B. Commonwealth Caribbean law and legal system. – Routledge-Cavendish Publishing Ltd., 2008.
6. Blackstone W. Commentaries on the Laws of England (1765-1769). – NJ: Lawbook Exchange, Oxford, 2007.
7. Glenn J. M. Mixed Jurisdictions in the Commonwealth Caribbean: Mixing, Unmixing, Remixing // Electronic Journal of Comparative Law. – 2008. – Vol. 12(1). – P. 56-71.
8. Beschetnov S.S. Hybrid legal system in Saint Lucia: the view of a comparative historian // Advances in Law Studies. – 2022. – No. 3. – P. 11-15.
9. Trikoz E. N. Technique of criminal law codification in the British Empire of the 19th century. // Current problems of comparative law: collection of articles. Vol. 2 / Rep. ed. A. A. Malinovsky, E. N. Trikoz. – M., 2022. – P. 58-69.
HISTORY OF STATE AND LAW
TAYGAROV Magomed Akhyadovich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
ACTIVITIES OF THE POLICE APPARATUS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN EMPIRE TO COMBAT THE REVOLUTIONARY MOVEMENT IN THE CAUCASUS AT THE BEGINNING OF THE XX CENTURY
The article examines the activities of the police apparatus of the Ministry of Internal Affairs of the Russian Empire to combat the revolutionary movements of 1905-1907. It is shown that, despite the complex management system of the Ministry of Internal Affairs institutions in the Caucasus at the beginning of the XX century, they managed to effectively fight the revolutionary movements in the region during the described period. The relevance of the research is to consider the little-studied experience of the organization and activity of police bodies in the national regions of the Russian state before the 1917 revolution, in particular, the experience of building, the specifics of the organization and activity of the police in the territory of the modern Caucasus during the First Russian Revolution of 1905-1907.
Keywords: Caucasus, governor, Ministry of Internal Affairs, revolution.
Bibliographic list of articles
1. Gorodnitsky R. A Establishment of the Ministry of Internal Affairs in the Caucasus in 1905-1917. // Bulletin of Moscow University. Series 21. – 2004. – No. 3. – P. 1-13
2. Korzhikhina T. P., Senin A. S. History of Russian statehood. – M.: Interpax, 1995. – 348 p.
HISTORY OF STATE AND LAW
SYPCHENKO Alla Viktorovna
Ph.D. in historical sciences, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
RUSSIAN HISTORIAN V.A. MYAKOTIN ABOUT THE POLICY OF HETMAN P. SKOROPADSKY IN UKRAINE
The article is devoted to the analysis of the views of the famous Russian historian and socio-political figure of Russia and Russian emigration V. A. Myakotina on the policy of Hetman P. Skoropadsky in Ukraine. V. A. Myakotin, as a historian, paid great attention to the study of Ukrainian history and entered historical science, first of all, as a historian of Ukraine. During the period of hetmanship of P. Skoropadsky, V. A. Myakotin lived in Ukraine and continued to lead the anti-Bolshevik struggle as one of the leaders of the Labor People’s Socialist Party and the largest anti-Bolshevik organization, the Union of Revival, whose central bodies were located in Kiev in 1918. Therefore, the study of his views is important for the study of the history of Ukraine in such a turning point, which was the reign of Hetman P. Skoropadsky, as well as the relations of organizations headed by V. A. Myakotin to the policy of the hetman, to the problems of the state structure of Russia and Ukraine during this period. The article analyzes Myakotin’s memoirs “From the Recent Past”, written by him in exile, his publications in emigrant periodicals and the rich archival heritage.
The author summarizes the main provisions of the study and concludes that V. A. Myakotin praised the policy of Hetman P. Skoropadsky very negatively and considered it unpopular among the Ukrainian people. It is emphasized that V. A. Myakotin, like other leaders of the Labor People’s Socialist Party and the Union of Revival, had certain hopes for the hetman in the anti-Bolshevik struggle. It is shown that as these hopes disappeared, the assessment of V. A. Myakotin’s policies of Hetman P. Skoropadsky became increasingly negative.
Keywords: V. A. Myakotin, Hetman P. Skoropadsky, Russia, Ukraine, Labor People’s Socialist Party, Renaissance Union.
Bibliographic list of articles
1. Sypchenko A.V. People’s Socialists at the Head of the “Renaissance Union” // News of the Samara Scientific Center of the Russian Academy of Sciences. Special issue “Modern problems of history and philosophy.” – Samara, 2002.
2. Sypchenko A.V. Preface // Labor People’s Socialist Party. Documents and materials. – M.: ROSSPEN, 2003.
3. Sypchenko A.V. Labor People’s Socialist Party: theory and practice. – Samara, 2004.
4. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). Abstract of thesis. … Doctor of Historical Sciences. – Samara, 2006. – 48 p.
5. Sypchenko A.V. Labor People’s Socialist Party: ideology, program, organization, tactics (1906 – mid-1920s). dis. … doc. ist. Sci. – Samara, 2006.
6. Ioganson E. N. V. Myakotin: historian and politician. dis. …cand. ist. Sci. – M., 1994.
7. Erofeev N. D., Myakotin V. A. Political parties of Russia. The end of the nineteenth – the first third of the twentieth century. Encyclopedia. – M., 1996.
8. Myakotin V. A. // Russian abroad. Golden Book of Emigration. First third of the twentieth century. Encyclopedic Biographical Dictionary / Ed. ed. V. V. Shelokhaeva. – M., 1997.
9. Myakotin V. From the recent past (Excerpts of memories) // On the other side. – Berlin – Prague, 1923-1924.
10. State Archives of the Russian Federation (hereinafter referred to as the RF GA). – F. 5917.
11. Myakotin V. From the recent past (Excerpts of memories) // On the other side. – No. 5. – Band (Berlin), Flame (Prague), 1924.
12. GA RF. – F. 6401. – Op. 1. – D. 1-3.
HISTORY OF STATE AND LAW
GERASIMENKO Artem Aleksandrovich
Adjunct of the Academy of Management of the Ministry of Internal Affairs of Russia
THE FIGHT AGAINST ECONOMIC CRIMES AT THE TURN OF THE 70S AND 80S OF THE 20TH CENTURY IN THE USSR
The article considers the activities to combat theft of socialist property and speculation in the USSR at the turn of the 1970s and 1980s of the 20th century. The article examines the functioning of the service for combating economic crimes, mainly in the above period. The period when the Ministry of Internal Affairs was headed by N. Shchelokov and V. Fedorchuk. The purpose of this article is to consider the attempt to solve the above problem in a particular historical period. This problem does not lose its relevance. It is becoming more and more significant. I hope that the analysis of the past should help to cope with economic crimes in the future.
Keywords:economic crimes, USSR, Ministry of Internal Affairs, Research Institute, embezzlement, speculation, theft, robbery, robbery, embezzlement, embezzlement, fraud.
Bibliographic list of articles
1. At the head of the Russian Ministry of Internal Affairs (1802-2017): encyclical. / under general ed. prof. V.V. Chernykh. – Irkutsk: FGKOU VO VSI Ministry of Internal Affairs of Russia, 2017. – P. 155-164.
2. Current problems in the history of internal affairs bodies: textbook / A. V. Borisov et al. – M.: AcademyI of the Department of the Ministry of Internal Affairs of Russia, 2019. – P. 66.
3. Borisov A.V., Malygin A.Ya., Mulukaev R.S. History of the Soviet police: monograph / ed. ed. doc. legal Sciences, Professor R. S. Mulukaev. – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2015. – P. 139.
ADMINISTRATIVE LAW
BAGISHEV Oleg Alexeevich
Ph.D. in Law, associate professor of the Moscow Financial and Industrial University” Synergy”
ADMINISTRATIVE AND LEGAL REGULATION OF BANKING ACTIVITIES
The administrative and legal regulation of banking activity is a system of normative acts and legal mechanisms that establish the rules and procedure for conducting banking operations, as well as ensuring control over the activities of banks. These regulations regulate various aspects of banking activities, including licensing and registration of banks, protection of the rights and interests of banks and their clients, setting requirements for authorized capital and reserves, ensuring the financial stability of banks, as well as standards of conduct and ethics in the banking sector. In the article, the author presents a historical overview of the development of administrative and legal regulation of banking activities and its main points to date.
Keywords: banking system, State Bank, banking regulator, national payment system, Bank of Russia, financial regulator.
ADMINISTRATIVE LAW
BESELMAN Ilona Vladimirovna
student of the 4th course of bachelor of the Faculty of Training Specialists for the Judiciary (Faculty of Law) the Crimean branch of the Russian State University of Justice
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for the Organization of scientific and editorial-publishing activities of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
ON THE NEED TO ADOPT AND IMPLEMENT THE FEDERAL LAW “ON THE USE OF UNMANNED AERIAL VEHICLES IN THE RUSSIAN FEDERATION AND ON AMENDMENTS TO CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION”
The article is a comprehensive study and supplement to the study of the use of unmanned aerial vehicles in the Russian Federation, as well as in the subjects of the Russian Federation, in particular, in the Republic of Crimea. In previously written articles, the author traces the formation of the use of drones in our country and foreign countries, and therefore comes to the conclusion that it is necessary to adopt and implement a single regulatory legal act in the field of UAV operation. Attention is paid to the exclusion of the application of certain by-laws to the regulation of the proper use of UAVs. The author proposed amendments to certain legislative acts of the Russian Federation in order to comply with the Law on Drones. The thesis about the need to systematize the administrative and legal regulation of the use of drones is substantiated.
Keywords: drones, Federal Law, by-laws, administrative and legal regulation, permissive procedure, improvement.
Bibliographic list of articles
1. Beselman I.V. Historical and legal prerequisites for the establishment of the legal regime for the use of UAVs in the Russian Federation // Issues of judicial activity and law enforcement in modern conditions: Collection of articles based on the results of the II International Scientific and Practical Conference. In 2 volumes, Simferopol, March 31, 2023 / Comp. I. V. Khmil, edited by S. A. Trofimov, E. V. Evsikova. Volume 1. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2023. – P. 631-637.
2. Beselman I. V. The effectiveness of the introduction of unmanned aerial vehicles to prevent administrative offenses in the field of traffic // Young researchers: a look into the past, present, future: Collection of scientific articles based on reports and communications of the II International Student Scientific and Practical Conference, Smolensk , December 02, 2021. Volume II. – Smolensk: Magenta, 2022. – P. 33-40.
3. Beselman I.V. Legal regime for the use of UAVs in foreign countries and the main problems of its implementation // Issues of judicial activity and law enforcement in modern conditions: Collection of articles based on the results of the II International Scientific and Practical Conference. In 2 volumes, Simferopol, March 31, 2023 / Comp. I. V. Khmil, edited by S. A. Trofimov, E. V. Evsikova. Volume 1. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2023. – P. 80-90.
4. Beselman I.V. Theoretical aspects of the legal regime for the use of UAVs in the Russian Federation //Issues of judicial activity and law enforcement in modern conditions: Collection of articles based on the results of the II International Scientific and Practical Conference. In 2 volumes, Simferopol, March 31, 2023 / Comp. I. V. Khmil, edited by S. A. Trofimov, E. V. Evsikova. Volume 1. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2023. – P. 637-642.
5. Evsikova E. V. Problems of modernization and reform of administrative and tort legislation at the present stage // Problems of improving legislation and law enforcement practice: Collection of articles based on the results of the international scientific and practical conference, Simferopol, May 27–28, 2022. – Simferopol: Limited Liability Company “Publishing House Printing House “Arial”, 2022. – P. 18-25.
6. Evsikova E. V., Buts S. B., Ponomarev A. V., Staritsyn A. V. On the issue of improving the administrative and tort legislation of the Russian Federation // Eurasian Legal Journal. – 2022. – No. 4 (167). – pp. 150-151.
ADMINISTRATIVE LAW
DOBROV Alexey Nikolaevich
Ph.D. in Law, Head of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia
KRASNOVA Elena Mikhaylovna
Senior lecturer of Psychology, pedagogical and organization work with personnel sub-faculty of the Academy of Management of the MIA of Russia
CORRELATION OF THE CONCEPTS OF “POWERS”, “COMPETENCE”, “RIGHTS AND OBLIGATIONS” OF OFFICIALS OF INTERNAL AFFAIRS BODIES (POLICE) IN THE IMPLEMENTATION OF ADMINISTRATIVE AND JURISDICTIONAL ACTIVITIES
In the legislation of the Russian Federation, as well as in the legal literature, the terms “powers”, “competence”, “rights and obligations” of employees of internal affairs bodies are used. The author considers the correlation of these concepts and highlights that the terms are interrelated in the science of administrative law and other branches of science and are widely used in the activities of internal affairs bodies (police). A distinctive feature of the competence is the direction in the activities of certain executive authorities.
The article highlights the peculiarities of the powers of police officers to draw up protocols on administrative offenses, it is also noted that the scope of powers of police officials is determined by their official position and it is concluded that through the powers of an official of the internal affairs bodies (police) has the opportunity to practically implement the rights and duties assigned to him.
Despite the fact that in the science of administrative law there are different points of view about the relationship between the concepts of “authority” and “competence”, the analysis of the legal literature devoted to this issue shows the unity of opinions of most authors that the rights and obligations of the subject are the main element of competence.
Keywords: executive authorities in the field of internal affairs, internal affairs bodies (police), powers, competence, rights and duties, police officials, jurisdiction, administrative and jurisdictional powers.
Bibliographic list of articles
1. Vitruk N.V. General theory of legal status. – M.: Norma, 2008. – P. 56.
2. Legal encyclopedia / Ed. M. Yu. Tikhomirov. – M.: Yurinformtsentr, 2001. – P. 654.
3. Large encyclopedic dictionary: in 62 volumes / Ed. S. A. Kondratova. – M.: TERRA, 2006. – T. 38. – P. 5.
4. Ushakov D. N. Large explanatory dictionary of the modern Russian language. – M.: “Alta-Print”, 2009. – P. 733.
5. Order of the Ministry of Internal Affairs of Russia dated August 30, 2017 No. 685 “On officials of the system of the Ministry of Internal Affairs of the Russian Federation authorized to draw up protocols on administrative offenses and carry out administrative detention.” – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 07/21/2023).
6. Decree of the President of the Russian Federation dated December 21, 2016 No. 699 (as amended on July 17, 2023) “On approval of the Regulations on the Ministry of Internal Affairs of the Russian Federation and the Model Regulations on the territorial body of the Ministry of Internal Affairs of the Russian Federation for a constituent entity of the Russian Federation” exercises other powers in the field internal affairs in accordance with federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation. – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 09/08/2023).
7. Federal Law No. 3-FZ dated 02/07/2011 (as amended on 04/05/2020) “On the Police” // Collection of Legislation of the Russian Federation. –2011. – No. 7. – Art. 900.
8. Alekseev S.S. State and law. Beginner course. – M.: Lawyer, 1994. – 189 p.
9. TikhomirovYu. A. Theory of competence // Journal of Russian Law. – 2000. – No. 10. – P. 22-32.
10. Dictionary of foreign words / comp. L. Orlova. – M.: Harvest, 2010. – P. 241.
11. Legal encyclopedia / ed. M. Yu. Tikhomirov. – M., 1997. – P. 205.
12. Bulyko A.N. Large dictionary of foreign words. 2nd ed. – M.: “Martin”, 2008. – P. 282.
13. Sukhareva A. Ya., Zorkin V. D. Large legal dictionary. – M.: Infra, 1999. – P. 293.
14. Sappirova A. A. Federal Labor Inspectorate: competence – some problems of implementation // Labor Law. – 2008. – No. 9. – P. 58-64.
15. Krasnova E. M. Administrative and jurisdictional powers of officials of internal affairs bodies (police) in proceedings on cases of administrative offenses and their implementation: dis. …cand. legal Sciences: 5.1.2. – Moscow, 2023. – 186 p. – [Electronic resource]. – Access mode: https://a.mvd.rf/nauka/dissovety/infoozach/.
16. Federal Law of December 30, 2001 No. 195-FZ “Code of the Russian Federation on Administrative Offenses” (as amended on July 31, 2023). – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08/08/2023).
17. On the procedure for considering appeals from citizens of the Russian Federation: Federal Law dated May 2, 2006 No. 59-FZ (as amended on August 4, 2023). – [Electronic resource]. – Access mode: SPS “ConsultantPlus” (date of access: 08.20.2023).
18. Komlev S.V. Administrative and jurisdictional process: Author’s abstract. dis. …cand. legal Sci. – M., 2008. – P. 9.
19. Denisenko V.V. Administrative jurisdiction of internal affairs bodies / V.V. Denisenko, A.N. Pozdnyshov, A.A. Mikhailov. – M.: Lawyer, 2002. – 174 p.
ADMINISTRATIVE LAW
YAROVOY Alexander Valerjevich
Ph.D. in Law, associate professor, Dean of the Faculty of Professional Retraining and Advanced Training of the Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation
THE MAIN ASPECTS OF BRINGING TO ADMINISTRATIVE RESPONSIBILITY BY STATE CONTROL (SUPERVISION) BODIES IN THE CONDITIONS OF “SUPERVISORY HOLIDAYS”
The article discusses approaches to the organization of control and supervisory activities in the conditions of the introduction of a moratorium on inspections of business entities. The author substantiates the position on the possibility of bringing persons to administrative responsibility in accordance with the norms of the Code of Administrative Offences of the Russian Federation.
Keywords: control and supervisory activity, state control (supervision) body, official, administrative responsibility, administrative investigation.
Bibliographic list of articles
1. Osintsev D.V. Security measures or control (supervisory) actions? // Economy and law. – 2023. – No. 3. – P. 101-110.
2. Fedotov S. A. Verification or jurisdiction: a return mechanism of administrative procedures. // Economy and law. – 2023. – No. 3. – P. 110-121.
3. Yarovoy A.V. Implementation of the powers of the prosecutor to supervise the implementation of legislation on the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision). – Irkutsk, 2017. – P. 327
MUNICIPAL LAW
MAGOMEDOVA Zukhra Rasulovna
magister student of the 2nd year of study of the Institute of Law of the Dagestan State University
RAMAZANOVA Elvira Tazhutdinovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University
THE RATIO OF DIRECT AND REPRESENTATIVE DEMOCRACY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT OF THE RUSSIAN FEDERATION
This scientific article highlights the question of the correlation of direct and representative democracy in the system of local self-government of the Russian Federation. The emphasis is on the role of civic participation and referendums in the context of local decisions and the process of making important decisions at the local level. The work also analyzes the advantages and limitations associated with the use of each of these forms of democracy, and also examines the impact of legislation and political practices on the balance between these two approaches in the context of Russian local self-government. In addition, the study will analyze the advantages and limitations associated with the use of both direct and representative democracy, taking into account the peculiarities of Russian legislation and political practice. The article will also consider issues related to the influence of public organizations and civil society on local self-government.
Keywords: local self-government, direct democracy, representative democracy, civic initiatives, referendum, Russia, local decisions.
Bibliographic list of articles
1. Aleksandrova E. A. Democracy in the system of local self-government // Youth and the XXI century – 2020: Materials of the 10th International Youth Scientific Conference. In 4 volumes, Kursk, February 19-20, 2020 / Executive editor A. A. Gorokhov. Volume 2. – Kursk: Southwestern State University, 2020. – pp. 13-15.
2. Voronina E. V., Sakharova O. V. Direct democracy in the system of local self-government: yes or no // Modern management: problems and prospects: Collection of articles based on the results of the XVI International Scientific and Practical Conference, St. Petersburg, 29-30 April 2021. – St. Petersburg: St. Petersburg State Economic University, 2021. – pp. 150-154.
3. Dzhagaryan N.V. System-structural characteristics of municipal representative democracy in Russia // Science and education: economy and economics; entrepreneurship; law and management. – 2020. – No. 9 (124). – pp. 69-73.
4. Podgaynaya A. I. Referendum in the context of the relationship between direct and representative democracy // Jurisprudence in theory and practice: current issues and modern aspects: collection of articles of the International Scientific and Practical Conference, Penza, September 05, 2019. – Penza: “Science and Enlightenment” (IP Gulyaev G.Yu.), 2019. – P. 29-31.
5. Pavlov S. Yu. Local referendum as the main form of democracy: problems and prospects // Issues of Russian and international law. – 2021. – T. 11. No. 9A. – pp. 171-176.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
LEGAL REGULATION OF COPYRIGHT PROTECTION
This article examines the objective need for copyright protection in the era of challenges of the 21st century. The current problems that impede the protection of intellectual property in Russia today are analyzed. Effective methods and methods for solving problems related to copyright protection are covered in detail and proposed. The main tool, which in our opinion is designed to solve the problems of copyright protection as much as possible, should be the insurance mechanism. In addition to insurance, licensing methods and copyright registration are considered.
Keywords: intellectual property insurance, copyrights, copyright holders, insurance companies, underwriting, exclusive rights, insurance products, insurers, policyholders, lawsuits.
Bibliographic list of articles
1. Belousov V.V. “Rights and obligations of the parties under a possible author’s order agreement” // Intellectual property. Copyright and related rights. – 2017. – No. 7. – P. 51-56.
2. Gavrilov E., Gavrilov K. “Order agreements for the creation of copyright works” // Economic Law. – 2013. – No. 3 (434). – pp. 28-45.
3. Epimakhova E. M. “Author’s order agreement under Russian legislation” // Economics, sociology and law. – 2015. – No. 12. – P. 118-121.
CIVIL LAW
ANANJEVA Ekaterina Olegovna
Ph.D. in Law, associate professor, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
KRUT Anatoliy Alexandrovich
Ph.D. in economical sciences, associate professor of Economics and management sub-faculty of the Institute of the Academy of the FPS of Russia
THE PERSONALITY OF THE HEAD: ISSUES OF THE ORGANIZATION OF PERSONNEL MANAGEMENT
The paper considers the requirements of labor legislation for the personality of the head of an organization (enterprise), the features of the work of labor collectives under the leadership of the specified subject of labor activity, as well as the requirements of modern realities imposed on the individual, taking into account its psychological and pedagogical characteristics, provided for in other normative legal acts. The personality of the head of the labor collective is an ambiguous figure in any organization. The management of a team by a specific person with a certain set of knowledge, skills, organizational abilities, capabilities and other qualitative characteristics can both teach employees to work effectively enough for a long time, and lead to the reorganization of the entire enterprise, up to its liquidation. Modern requirements for the personlity of the head are very extraordinary, and if they are clearly established by the norms of labor legislation, then the requirements of civil society (society) have slightly different conditions. The authors consider the qualitative and legal characteristics of the personality of the head, as well as the styles of possible management and organization of the activities of the labor collective.
Keywords: norms of labor legislation, requirements for the personality of the head, professional training, labor reserves, the activities of the labor collective.
Bibliographic list of articles
1. Labor Code of the Russian Federation: Federal Law of December 30, 2001 No. 197-FZ. Art. 273 “General provisions” // ATP “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34683/c9b156bbb611c8834438bc1e11bfad5531f0242c (date of access: 10.10.2023).
2. Ananyeva E. O. Krut A. A. Coaching in personnel management of an organization // Eurasian Legal Journal. – 2022. – No. 12 (175). – pp. 217-219.
3. 10 qualities of an effective leader // Contour. [Electronic resource]. – Access mode: https://kontur.ru/articles/298 (date of access: 10.10.2023).
4. Sventsitsky A.L. Social psychology of management. – L.: Leningrad State University Publishing House, 1986. – 216 p.
5. Manager’s management styles // File archive of students. [Electronic resource]. – Access mode: https://studfile.net/preview/3167168/page:4 (access date: 10.10.2023).
CIVIL LAW
BATANOV Anton Alexandrovich
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
ON THE ISSUE OF PRE-CONTRACTUAL AGREEMENTS QUALIFICATION IN COMMON LAW COUNTRIES
Preliminary agreements are used in practice at the pre-contractual or negotiation stage of concluding a contract. Pre-contractual agreements, as a rule, are temporary and involve the conclusion of the main contract in the future. At the same time, such agreements may include both general declarative terms of negotiations, and represent a full-fledged agreement resembling the main contract. The dual legal nature of pre-contractual agreements raises many issues of their practical application. Depending on the completeness of the content and intentions of the parties, such preliminary agreements may be qualified as a full-fledged contract binding on the parties. In this case, for violation of the terms of the preliminary agreement, the guilty party may be held liable in the form of compensation for the damage caused to the injured party.
Keywords: pre-contractual agreements, preliminary agreements, the principle of good faith, pre-contractual liability, damages.
Bibliographic list of articles
1. Ben-Shahar, O. (2004). Contracts without Consent: Exploring a New Basis for Contractual Liability // University of Pennsylvania Law Review. No. 152 (6). P. 1829-1872. [Electronic resource]. – Access mode: https://doi.org/10.2307/3313070 (Date of access: 04/10/2023)
2. Burwell, Robert E. (2013). When a Non-binding Term Sheet Becomes Binding. The National Law Review. [Electronic resource]. – Access mode: https://www.natlawreview.com/article/when-non-binding-term-sheet-becomes-binding (Date of access: 04/07/2023).
3. Chitty on Contracts. Vol. 1. General Principles. 32nd ed. London, 2017. § 2-001.
4. Choi, A. H.; Triantis, G. (2020). Designing and Enforcing Preliminary Agreements // Texas Law Review. [s. l.]. V. 98. No. 3. P. 439-488. [Electronic resource]. Access mode: https://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=141947484&site=ehost-live (Date of access: 04/13/2023).
5. Farnsworth, E. A. (1987). Precontractual Liability and Preliminary Agreements: Fair Dealing and Failed Negotiations // Columbia Law Review. No. 87 (2). P. 217-294. [Electronic resource]. – Access mode: https://doi.org/10.2307/1122561 (Access date: 04/05/2023).
6. Ferrer, Paul. (2015). CONTRACTS: Agreements to Negotiate Distinguished from Agreements to Agree // The Law letter. Vol 40. No. 11. [Electronic resource]. – Access mode: https://www.nlrg.com/legal-content/the-lawletter/agreements-to-negotiate-distinguished-from-agreements-to-agree (Date of access: 04/05/2023).
7. Lee, J. (2013). Agreements to negotiate in good faith: HSBC Institutional Trust Services (Singapore) Ltd v. Toshin Development Singapore Pte Ltd. // Singapore Journal of Legal Studies, 212-222. [Electronic resource]. – Access mode: http://www.jstor.org/stable/24872187. (Date of access: 04/14/2023).
8. Schwartz, A.; Scott, R. E. (2007). Precontractual Liability and Preliminary Agreements // Harvard Law Review. [s. l.]. V.120.n. 3. P. 662-707. [Electronic resource]. – Access mode: https://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=23857506&site=ehost-live (Date of access: 04/13/2023).
9. Tarrant, John. (2023). Preliminary agreements. In: University of New England Law Journal. Vol. 3.No. 2.Pp. 151-186. [Electronic resource]. – Access mode: https://www.academia.edu/1458551/Preliminary_Agreements (Date of access: 04/01/2023).
10. Trakman, L. E., & Sharma, K. (2014). The binding force of agreements to negotiate in good faith // The Cambridge Law Journal. No. 73 (3). 598-628. http://www.jstor.org/stable/24693911, [Electronic resource]. – Access mode: http://www.jstor.org/stable/24693911. (Date of access: 04/13/2023).
CIVIL LAW
BEGICHEV Alexander Valerjevich
Ph.D. in Law, professor of Notary sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL), professor 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
ZAIPULLAYEVA Tamara Ruslanovna
postgraduate student of Advocacy sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
GRONIC Irina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Patrice Lumumba Russian Peoples’ Friendship University
A SYSTEM OF BODIES AND AUTHORIZED PERSONS OF THE NOTARY PUBLIC EXERCISING THE RIGHT TO QUALIFIED LEGAL ASSISTANCE IN THE ERA OF DIGITAL TRANSFORMATION
The article examines the content of the system of bodies and authorized persons of the notary office that provide qualified legal assistance to citizens. The key directions of development of this system are analyzed in accordance with the tasks of the Russian notary in the era of digital transformation. The main tasks of bodies and officials performing notarial acts are revealed.
Keywords: notary office, system of notary bodies, qualified legal assistance, notarial actions, extrajudicial (notarial) form of protection of civil rights, digital transformation, jurisdiction.
Bibliographic list of articles
1. Begichev A.V. Notariat in the 21st century: traditions and digital technologies. – M.: Prospekt, 2023.
2. Begichev A. V. Extrajudicial (notarial) form of protection of civil rights and information technologies // Legaltech: scientific solutions for professional legal activity: Collection of reports of the IX Moscow Legal Forum: at 4 hours. XXI International Scientific and Practical Conference, Moscow, 14 –April 16, 2022. Volume Part 3. – Moscow: Publishing Center of the University named after O. E. Kutafin (MSAL), 2022. – P. 403–405.
3. Begichev A.V. Implementation of the human rights function of the notary in the judicial process // Scientific opinion, 2015. – No. 3. – P. 36.
4. Noskov Yu. G. On the issue of the content of the concept of “judicial system” // Russian judge. – 2019. – No. 3. – P. 34-38.
5. Petykhov N. A., Mamykin A. S. Law enforcement and judicial authorities of Russia: textbook. – Moscow: Russian State University of Justice, 2015.
6. Rusakova E. P., Frolova E. E. Guidelines for the beginning of civil proceedings in the era of the fourth industrial revolution // Advances in Research on Russian Business and Management. – 2022. – Vol. 2022. – P. 191-198.
7. Cheremnykh G. G., Bochkovenko V. A. On further improvement of legislation on notaries and notarial activities // Notarial Bulletin. – 2023. – No. 2. – P. 35-46. – DOI 10.53578/1819-6624_2023_2_35.
8. Yaroshenko T.V. Competence of notaries: some problematic issues / T.V. Yaroshenko // Notary. – 2020. – No. 8. – P. 13-16. – DOI 10.18572/1813-1204-2020-8-13-16.
9. Yaroshenko T.V. The place and role of the notary in the system of separation of powers: issues of interaction // Notary. – 2020. – No. 5. – P. 14-17. – DOI 10.18572/1813-1204-2020-5-14-17.
CIVIL LAW
BERMAN Alisa Mikhaylovna
senior lecturer of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
ERSHOV Nikita Alexeevich
postgraduate student of Civil law and process and private international law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
INHERITANCE OF DIGITAL ASSETS AND DIGITAL RIGHTS IN RUSSIA AND ABROAD: COMPARATIVE LEGAL ANALYSIS
The article analyzes legal peculiarities of inheritance of digital assets and digital rights in Russia and abroad on the example of the USA, Germany, Spain and France. The authors analyze legal norms and law enforcement practices in the field of inheritance of digital assets, such as cryptocurrencies, social media accounts and personal data of the deceased. The article reveals the peculiarities of inheritance of digital assets and digital rights, and also raises issues complicating the inheritance of such assets. In particular, aspects related to the security and protection of personal data and constitutional rights to secrecy of communication are analyzed by the authors. As a result of the study, the authors suggest possible ways to reform domestic legislation on inheritance of digital assets and digital rights, taking into account the experience of foreign countries.
Keywords: digital assets, digital rights, digital inheritance, inheritance, online accounts, cryptocurrency, personal data, Russia, USA, Germany, Spain, France.
Bibliographic list of articles
1. Vavilin E. V. Inheritance of digital rights in Russia // Collection of scientific papers based on the results of the All-Russian scientific and practical conference with international participation “Human rights and legal policy in the 21st century: prospects and challenges.” – Saratov, 2022.
2. Skrabets E. V. Experience of legal regulation of inheritance of digital assets in European countries // Modern Science. – 2021. – No. 7.
3. Frolova E. E., Ermakova E. P., Protopopova O. V. Consumer Protection of Digital Financial Services in Russia and Abroad // Advances in Intelligent Systems and Computing. – 2020. – Vol. 1100.
4. Rusakova E. P., Frolova E. E., Gorbacheva A. I. Digital Rights as a New Object of Civil Rights: Issues of Substantive and Procedural Law // Advances in Intelligent Systems and Computing. – 2020. – Vol. 1100.
CIVIL LAW
GRONIC Irina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty of the Patrice Lumumba Russian Peoples’ Friendship University
PRIORITIES OF LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS IN THE REPUBLIC OF KOREA
The current areas of legal regulation of relations related to digital financial assets in the Republic of Korea, issues of effective protection of the rights of consumers of digital financial services and issues of legal regulation of unfair transaction activities in the virtual assets market are explored.
Keywords: transformation, digitalization, state jurisdiction, digital rights, digital financial assets, virtual assets, blockchain technologies.
Bibliographic list of articles
1. 2023 BWB 09.11.2023. – [Electronic resource]. – Access mode: https://www.etoday.co.kr/news/view/2300774?trc=view_joinnews (access date: 11/11/2023).
2. BWB 2023 – [Electronic resource]. – Access mode: https://www.etoday.co.kr/news/view/2300848?trc=view_joinnews (access date: 11/12/2023).
3. BWB 2023. 이용자 보호법 만 으로 자산 다루기 어려워 어려워 어려워 사업 사업 범위 시행령 마련 필요 09.11.2023. – [Electronic resource]. – Access mode: https://www.etoday.co.kr/news/view/2301216 (date of access: 11.11.2023).
4. Charles Thuo. Crypto regulations in South Korea: guidelines for security, compliance, and transparency. October 28, 2023. – [Electronic resource]. – Access mode: https://www.cryptopolitan.com/crypto-regulations-in-south-korea/?ysclid=lotvqk4s22919906259 (date of access: 11.11.2023).
5. Government to Ensure Virtual Asset User Protection, Transaction Transparency and Market Discipline. 07/30/2023 – [Electronic resource]. – Access mode: Press Releases – Financial Services Commission (fsc.go.kr) (access date: 11/13/2023).
6. Frolova E. E., Ermakova E. P., Protopopova O. V. Consumer Protection of Digital Financial Services in Russia and Abroad. In: Popkova, E., Sergi, B. (eds) Artificial Intelligence: Anthropogenic Nature vs. Social Origin. ISC Conference – Volgograd 2020. Advances in Intelligent Systems and Computing, vol 1100. Springer, Cham, 2020. – Pp. 76–87https://doi.org/10.1007/978-3-030-39319-9_8.
7. Gronic I. A. Electronic Evidence in the Civil Proceedings: The Experience of the Republic of Korea. In: Popkova, E.G. (eds) Sustainable Development Risks and Risk Management. Advances in Science, Technology & Innovation. – Springer, Cham, 2023. – Рp. 137-140. – [Electronic resource]. – Access mode: https://doi.org/10.1007/978-3-031-34256-1_24.
8. Ermakova E. P. Blockchain, metaverses and NFT in civil procedure and arbitration in Russia, China and USA // RUDN Journal of Law. – 2023. – Vol. 27. – No. 1. – P. 148-165. https://doi.org/10.22363/2313-2337-2023-27-1-148-165.
9. MiCA: EU law that every blockchain project should know about. Digital & Analogue Partners. May 17, 2023 – [Electronicth resource]. – Access mode: https://vc.ru/u/1756090-d-a-partners/686424-mica-zakon-es-o-kotorom-dolzhen-znat-kazhdyy-blokcheyn-proekt?ysclid=louhbveb73223866055.
10. Resolution of the Supreme Court 2019Do9756 en Banc dated February 20, 2020 – [Electronic resource]. – Access mode: https://www.scourt.go.kr/supreme/news/NewsViewAction2.work?gcurrentPage=&searchWord=&searchOption=000100&gubun=4&type=5&seqnum=8130 (date of access : 11/11/2023).
11. Supreme Court Resolution 2021 Do9855 dated November 11, 2021 – [Electronic resource]. – Access mode: https://www.scourt.go.kr/supreme/news/NewsViewAction2.work?gcurrentPage=&searchWord=&searchOption=000100&gubun=4&type=5&seqnum=8130 (date of access : 11/11/2023).
12. Decision of the Supreme Court of the Republic of Korea. – [Electronic resource]. – Access mode: https://www.scourt.go.kr/sjudge/1639993513876_184513.pdf 이체한 사건 2021.12.16. 선고 중요판결].
13. Official website of the Supreme Court of the Republic of Korea. – [Electronic resource]. – Access mode: https://www.scourt.go.kr/supreme/news/NewsViewAction2.work?gcurrentPage=&searchWord=&searchOption=000100&gubun=4&type=5&seqnum=8130 (date of access : 11/11/2023).
14. Rusakova E. P., Inshakova A. O. Industrial and manufacturing engineering in digital legal proceedings in the Asia-Pacific region: a new level of quality based on data, blockchain and AI // International Journal for Quality Research. – 2021. – Vol. 15. – No. 1. – P. 273-290. DOI 10.24874/IJQR15.01-16.
CIVIL LAW
GAYMALEEVA Aysylu Tagirovna
Ph.D. in Law, Dean of the Faculty of Law of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan; associate professor of Civil law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
THE RATIO OF THE GROUNDS FOR INVALIDITY OF SUSPICIOUS TRANSACTIONS OF THE DEBTOR WITH TRANSACTIONS WITH UNEQUAL COUNTER-EXECUTION IN THE BANKRUPTCY PROCEDURE
The article considers the grounds for invalidity of suspicious transactions of the debtor as a whole and compares them with the grounds for invalidity of transactions with unequal counter-execution in bankruptcy proceedings. The article examines the fixed in legislation, judicial practice and doctrine for the recognition of these transactions as invalid and their criteria, provides opinions reflecting the various points of grounds of view of civilists on this issue, as well as the positions of the highest court. The purpose of this work was to study and compare these grounds in their totality, which allowed the author to expand the list of grounds to be established by the court when challenging unequal transactions in bankruptcy proceedings.
Keywords: invalidity, suspicion, transaction, disparity, debtor.
Bibliographic list of articles
1. Bartsits I. N., Bykov V. P., Chernikova E. V., Markelova I. V. Features of challenging transactions of legal entities on special grounds established by bankruptcy legislation // Modern law. 2020. No. 11. P. 105-113.
2. Zaitsev O. R. Challenging transactions in bankruptcy: on some novelties of Law No. 73-FZ // Insolvency (bankruptcy): Scientific and practical commentary on the novelties of legislation and the practice of its application / Ed. V.V. Vitryansky. M., 2012. P. 90.
3. Insolvency (bankruptcy): training course. In 2 vols. Ed. Doctor of Law, Prof. Karelina S. A. T.2. M.: Statute, 2019. 848 pp.
4. Insolvency (bankruptcy): Scientific and practical commentary on the novelties of legislation and the practice of its application / Ed. V.V. Vitryansky. M., 2010. P. 95.
5. Sklovsky K.I. The transaction and its action (3rd edition). Commentary on Chapter 9 of the Civil Code of the Russian Federation (concept, types and form of transactions. Invalidity of transactions) // SPS ConsultantPlus. 2015.
6. Suvorov E. D. Bankruptcy in the practice of the new Supreme Court of the Russian Federation for the first year of work (2014-2015): acts and comments. M.: Statute, 2016. 368 p.
7. Telyukina M.V. System of suspicious transactions during bankruptcy of a debtor in Russia and Kazakhstan // Civil law. 2014. No. 6. P. 35.
8. Shishmareva T. P. Invalidity of transactions and actions in insolvency procedures in Russia and Germany. M.: Statute, 2018. 239 p.
CIVIL LAW
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
IRININA Yana Olegovna
student of Samara State University of Economics
KURILKINA Margarita Sergeevna
student of Samara StateUniversity of Economics
LEGAL BUSINESS IN RUSSIA: PROBLEMS AND PROSPECTS OF DEVELOPMENT
This article provides a theoretical and legal analysis of the topic of the functioning of legal business in Russia, identifies problematic issues and promising ways to improve the system of its implementation. The authors study the institute of legal business through the prism of identifying advantages and disadvantages, and are also based on the need to consider it from different sides, focusing on the development of the infrastructure of Russia, based on a variety of business implementation strategies.
Keywords: legal business, legal entity, jurisprudence, entrepreneurship, business implementation strategies, infrastructure of Russia.
Bibliographic list of articles
1. Unwise Svetlana Valerievna Business assessment: concept, content, approaches // Eurasian Advocacy. – 2016. – No. 3 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otsenka-biznesa-ponyatie-soderzhanie-podhody (date of access: 09/03/2023).
2. Abrams R. Business plan for 100%. Strategy and tactics of effective business. – M.: Alpina Publisher, 2019. – 486 p.
3. Zharikov V.D., Zharikov V.V., Bezpalov V.V. Fundamentals of business planning in an organization (for bachelors). – M.: KnoRus, 2017. – 62 p.
4. Trunov I. L. Problems of legal business in Russia // Man: crime and punishment. – 2009. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-yuridicheskogo-biznesa-v-rossii (date of access: 09/03/2023).
5. Legal business in Russia and global trends. [Electronic resource]. – Access mode: https://abkazakov.ru/comments/yuridicheskij-biznes-v-rossii-i-globalnye-trendy/ (access date: 09/03/2023).
CIVIL LAW
KOVALEVSKAYA Polina Alexandrovna
student of the Faculty of Psychology and Law of the Vologda Institute of Law and Economics of the FPS of Russia
MOLODOVA Kseniya Andreevna
lecturer of Civil law disciplines sub-faculty of the Faculty of Law of the Vologda Institute of Law and Economics of the FPS of Russia
CURRENT ISSUES OF EMPLOYMENT OF PERSONS WHO HAVE SERVED A SENTENCE OF IMPRISONMENT
This article explores the problematic issues of employment of persons released from institutions executing a sentence of imprisonment, reveals their essence and discusses ways to resolve them. Currently, persons released from prison are experiencing difficulties in finding a job, including due to the presence of prejudices among employers. The paper suggests ways to solve the identified problems.
Keywords: employment of persons who have served a sentence of imprisonment, rehabilitation of convicts, resocialization of convicts.
Bibliographic list of articles
1. Reviews on the activities of courts // Judicial Department of the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/?id=80 (date of access: 10/20/2022).
2. Register of centers for social adaptation of citizens // GUFSIN of Russia for the Nizhny Novgorod region. – [Electronic resource]. – Access mode: https://52.fsin.gov.ru/upload/territory/Yaroslavl/reestr-tsentrov-sotsialnoy-adaptatsii-grazhdan/ (access date: 10/25/2023).
3. Register of centers for social adaptation of citizens // Federal Penitentiary Service of Russia in the Arkhangelsk Region. – [Electronic resource]. – Access mode: https://29.fsin.gov.ru/reestr-tsentrov-sotsialnoy-adaptatsii-grazhdan.php?month=4&year=2022 (access date: 10/25/2023).
4. Register of centers for social adaptation of citizens // Federal Penitentiary Service of Russia for the Vologda Region. – [Electronic resource]. – Access mode: https://35.fsin.gov.ru/reestr-tsentr-adaptatsii.php?month=2&year=2018 (date of access: 10.25.2023).
5. State of crime in Russia for January-December 2020. // Statistical collection of the Federal State Institution “GIAC” of the Ministry of Internal Affairs of Russia. – M., 2021.
6. Statistical information of the Federal Penitentiary Service of Russia. – [Electronic resource]. – Access mode: http://fsin.su/structure/inspector/iao/statistika/Xar-ka%20lic%20sodergahixsya%20v%20IK/ (date of access: 10/25/2023).
7. Golovina V.V. Problems faced by persons who have served a sentence of long-term imprisonment after release from correctional institutions // Bulletin of Science. – 2023. – No. 10 (67). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-s-kotorymi-stalkivayutsya-litsa-otbyvshie-nakazanie-v-vide-dlitelnogo-lisheniya-svobody-posle-osvobozhdeniya-iz (date of access: 25.10 .2023).
8. Golodov P.V. Probation in the Russian Federation: some problems of content and legal regulation // Penitentiary science. – 2022. – No. 2 (58). – [Electronic resourcers]. – Access mode: https://cyberleninka.ru/article/n/probatsiya-v-rossiyskoy-federatsii-nekotorye-problemy-soderzhaniya-i-pravovoy-reglamentatsii (date of access: 10.25.2023).
9. Kirsa A. S. Problems of employment of citizens released from institutions serving imprisonment // Young scientist. – 2021. – No. 42 (384). – pp. 90-93. – [Electronic resource]. – Access mode: https://moluch.ru/archive/384/84589/ (date of access: 10/23/2023).
10. Nekrasov A.P. How to find employment for former convicts released from prison? // Criminal executive law. – 2020. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kak-trudoustroitsya-byvshim-osuzhdennym-osvobodivshimsya-iz-mest-lisheniya-svobody (date of access: 10/23/2023).
11. Senatorova M. A. Problems of employment of citizens released from institutions serving imprisonment // Priority scientific directions: from theory to practice. – 2015. – No. 16.
CIVIL LAW
KOLESNIKOVA Marianna Mikhaylovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
MAKSIMOVA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Socio-economic disciplines and service sub-faculty of the St. Petersburg University of Civil Aviation
MISHINA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the St. Petersburg branch of the V. B. Bobkov Russian Customs Academy
SACHENKO Alexey Leonidovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
LEGAL LIMITS AND CONSEQUENCES EXCEPTIONS OF THE AUTHOR WHEN COOPERATING A PATENT
The presented study reveals certain aspects of the problem of the legal definition of joint ownership of an exclusive right, as well as the specifics of the legal consequences associated with the exclusion of the author when co-authoring a patent. In the process of analyzing the selected scientific issues, the authors admit that at the moment the legal regime of joint ownership of an exclusive right is ambiguous and is not clearly regulated by law. At the same time, they substantiate the conclusion about the need to eliminate the “fuzzy” limits and consequences of renunciation of the right of authorship to patented objects, due to the fact that certainty, consistency and clarity of the legal regime of joint ownership of an exclusive right is the key to the stability of civil circulation.
Keywords: intellectual rights, result of intellectual activity, patented object, co-authorship, exclusive rights, patent, copyright.
Bibliographic list of articles
1. Civil Code of the Russian Federation, part four of December 18, 2006 No. 230-FZ (as amended on June 13, 2023) // Collection of legislation of the Russian Federation. – 2006. No. 52 (1 part). – St. 5496.
2. Martyanova E. Yu. Civil regulation of exclusive copyright owned by several persons: dis. …cand. legal Sciences: 12.00.03. – Perm, 2019. – P. 4.
3. Krupko S.I. Legal regime of joint possession of the exclusive right to an invention: current problems in the light of the application of Part 4 of the Civil Code of the Russian Federation // Issues of property policy. – 2018. – No. 12 (207). – P. 31.
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 7.
5. Order of Rospatent dated December 27, 2018 No. 236 “On approval of the Guidelines for the implementation of administrative procedures and actions within the framework of the provision of public services for state registration of an invention and the issuance of a patent for an invention, its duplicate.” – [Electronic resource]. – Access mode: https://www.consultant.ru_doc_LAW_316428 (date of access: 10/19/2023).
6. Order of the Ministry of Economic Development of the Russian Federation dated November 3, 2015 No. 811 “On approval of the administrative regulations for the provision by the Federal Service for Intellectual Property of public services for amending the state registers of inventions, utility models, industrial designs of the Russian Federation, as well as patents for invention, utility model, industrial design.” – [Electronic resource]. – Access mode: https://www1.fips.ru (date of access: 10/19/2023).
CIVIL LAW
KRYLOVA Ekaterina Vladimirovna
senior lecturer of Civil law sub-faculty of the Saratov State Law Academy
ABOUT THE PLACE OF GEOGRAPHICAL INDICATION IN THE SYSTEM OF OBJECTS OF INTELLECTUAL PROPERTY RIGHTS
The article discusses the features of geographical indication as an object of intellectual property, the advantages of its use as a “regional brand”. The analysis of the provisions of international treaties, the legislation of foreign countries, the current national legislation on geographical indications, as well as the positions of specialists in this field are analyzed. The comparison of this means of individualization with the name of the place of origin of goods is carried out. The expected development prospects for the region from the use of geographical indication are described.
Keywords: geographical indication; objects of intellectual property rights, means of individualization; regional brand; name of the place of origin of goods.
Bibliographic list of articles
1. Sinishova N.V. Geographical indication as a tool for promoting regional brands // Intellectual property in the modern world: challenges of time and development prospects: II International. scientific-practical conf. (Minsk, October 20, 2022). In 2 hours / Ed. V. A. Ryabovolova. Minsk: National Library of Belarus, 2022. P. 157.
2. Yarygin N. O. How to distinguish between geographical indications and appellations of origin of goods // Legal Science. 2020. No. 10. P. 50.
3. Saltykov M. A. Legal protection of geographical indications within the framework of paragraph 1 of Article 1516 of the Civil Code of the Russian Federation // Patents and licenses. Intellectual rights. 2016. No. 7. P. 18.
4. Rabetz A.P. On some aspects of the legal protection of geographical indications as new objects of intellectual rights // Asia-Pacific region: economics, politics, law. 2019. No. 2. P. 145.
5. Stepanova A. V., Kotelnikov N. V., Lidzheeva K. V. Intellectual rights: issues of law enforcement. Elista: NPP “Dzhangar”, 2007. pp. 46-47.
6. Gavrilov E. On the means of individualization in civil law // Economy and Law. 2016. No. 10. P. 87.
CIVIL LAW
MIGACHEVA Anna Yurjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Kuban State University, Krasnodar
THE RIGHT TO A COMFORTABLE URBAN ENVIRONMENT: SOME ASPECTS OF UNDERSTANDING AND LEGAL REGULATION
Creating a comfortable and safe urban environment is one of the priority tasks of the state. In the article, this right is revealed through the prism of its social nature. The author demonstrates the existence of a solid international legal basis for the implementation of this right and states that urban processes are closely related to property relations, urban planning, environmental safety should correspond to the rules and boundaries established by sectoral legislation, including civil.
Keywords: the right to the city, the right to a comfortable urban environment, the right of ownership, the principle of social orientation.
Bibliographic list of articles
1. Kirillina N.V. Right to the city: representation and reproduction of data in the urban information environment // Communicology. – 2018. – Volume 6. No. 2. – P. 116.
2. Kochukhova E. S., Martyanov V. S. Creative city or the right to the city: alternatives to urban development in the Russian context // Antinomies. – 2019. – T. 19. Issue. 2. – P. 53.
3. Krasnova I. O. The right to a favorable environment as constitutional and environmental law // Current problems of Russian law. – 2019. – No. 8. – P. 175.
4. Medvedev I. R. Resolution of urban conflicts: monograph. – M.: Infotropik Media, 2017.
5. Lefebvre H. Le Droit à la ville. 2nd edn. – Paris, 1968.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
SIZYH Darya Vladimirovna
Limited Liability Company “Center-Services”, legal adviser, Krasnoyarsk
PROBLEMS OF THE CONTENT AND ESSENTIAL CONDITIONS OF THE CONTRACT FOR THE CARRIAGE OF GOODS BY RAIL
The article discusses the specific features of rail freight transportation, differentiates the concepts of the contract of carriage, expedition, paid services, contract on the organization of transportation. Disclosure of the legal essence of the contract of carriage will allow to identify a number of features of this type of contract, as well as to study various approaches to the analysis of such features. On the basis of court decisions, the question of the essential terms of the contract for the carriage of goods by rail is open. Studying the specifics of contractual relations in terms of cargo transportation by rail is an important step towards successful transportation and minimizing risks.
Keywords: railway transport, cargo transportation, shipper, consignee, contract, railway transportation, cargo transportation, essential conditions, transport expedition, service contract.
Bibliographic list of articles
1. Allakhverdov M. A., Savichev G. P. Agreements on the transportation of goods. – Moscow: Publishing house. Legal lit., 1967. – P. 104.
2. Boyarkina E. V. Responsibility of the parties under a contract for the carriage of goods by rail // Young scientist. – 2019. – No. 27 (265). – pp. 173-175.
3. Dovgopolov A. A. Contract for the carriage of goods by rail under Russian law: dissertation … Ph.D. – Moscow, 2006.
4. Sadikov O. N. Civil law of Russia. General part: Course of lectures. – M.: Yurist, 2015. – P. 124.
CIVIL LAW
YASTREBOV Oleg Alexandrovich
Ph.D. in Law, Ph.D. in economical sciences, professor, rector of the Patrice Lumumba Peoples’ Friendship University of Russia
DAUTIYA Tatyana Vasiljevna
Ph.D. in Law, Assistant Judge of the First Court of Appeal of General Jurisdiction
ASPECTS OF THE AUTHOR’S RIGHTS TO REMUNERATION FOR THE USE OF HIS MUSICAL WORK
The article analyzes the peculiarities of enforcement of the provisions of Part 3 of Section 1263 of the Civil Code of the Russian Federation, which provides for the right of the author of a musical work, used as part of audiovisual work in public performance , broadcasting or cable (including by retransmission), to receive remuneration for the specified uses of their musical work.
A literal interpretation of this provision suggests that the right to remuneration in the cases stipulated by part 3 of section 1263 of the Russian Federation Civil Code is not conditioned by the ownership of the exclusive rights to the corresponding musical work by this author at the moment of public performance of the audiovisual work, into which the musical work was included.
The analysis of law enforcement practice conducted by the authors showed that the legal isolation of the provisions on the right to remuneration of the composer of a musical work, included in audiovisual work, for each case of public performance of such audiovisual work, leads to ambiguity in their interpretation.
The authors point out that there are two approaches to determining the competence of the author of a musical work to receive remuneration under part 3 of section 1262 of the Civil Code of the Russian Federation.
The first way is the recognition of the author of a musical work (with or without text), which was used in an audiovisual work, in public performance or broadcasting or on cable, the right to remuneration by virtue of authorship itself, that is the right to remuneration under Part 3 section 1263 of the Civil Code is not conditioned by ownership of exclusive rights to an audiovisual work by such author and is not waived by alienation of the exclusive rights to a musical work. The right to the musical work is not waived by the alienation of the exclusive rights to the musical work to a third party.
The second way, on the contrary, is the transfer of the rights to remuneration on the basis, established in part 3 of section 1263 of the Civil Code of the Russian Federation, to the persons who acquired exclusive rights to a musical work from the author -without being its authors they became the exclusive right holders.
The authors justify their position that the second way seems acquitted, conditioning the right of the author of a musical work, included in the audiovisual work, to receive remuneration by the ownership of the right to this work at the time of use of the complex work .
The Elimination of uncertainty in the issue of conservation of rights of the author of a musical work included in an audiovisual work is necessary to determine the range of persons to protect their rights in case of unlicensed use of an audiovisual work as a complex or derivative work .
The issue of conserving the right of the composer of a musical work to receive remuneration upon public performance of an audiovisual work, which incorporates the musical work, is also relevant for determining the competence of organizations for the management of copyright and related rights to musical works on a collective basis to apply to court to demand payment of the corresponding remuneration and to determine the essential circumstances to be established by the court when considering claims (whether it is required to establish the owner of the exclusive right to a musical work).
The authors justify the position that the remuneration specified in paragraph 3 of Section 1263 of the Civil Code should follow the fate of the exclusive right to a musical work, so that legislative consolidation of the special rule defining a “guaranteed” remuneration to the author for each public performance of audiovisual work, which includes his musical work, loses relevance when establishing the possibility of alienating the right to a musical work to a third party at the author’s discretion.
Keywords:author, composer, musical work, audiovisual work, remuneration for the use of the work, exclusive right, complex work.
Bibliographic list of articles
1. Civil Code of the Russian Federation (part four) dated December 18, 2006 No. 230-FZ (as amended on December 5, 2022) // Collection of legislation of the Russian Federation. – December 25, 2006. – No. 52 (1 hour). – St. 5496.
1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10 “On the application of part four of the Civil Code of the Russian Federation” // Rossiyskaya Gazeta. – No. 96. – 05/06/2019.
2. Resolution of the Intellectual Rights Court dated January 21, 2015 in case No. A53-21403/2013. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/3f2a076b-0a24-4196-8a34-c2369913316e/7638ec86-fe4f-4af7-9c18-773807f7d0f4/A53-21403-2013_20150121_Reshenija_ i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/28/2023).
3. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5, Plenum of the Supreme Arbitration Court of the Russian Federation No. 29 of March 26, 2009 “On some issues that arose in connection with the entry into force of part four of the Civil Code of the Russian Federation” (lost force due to the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 2019 No. 10) // Russian newspaper. – No. 70. – 04/22/2009.
4. Law of the Russian Federation dated July 9, 1993 No. 5351-1 (as amended on July 20, 2004) “On Copyright and Related Rights” (lost force on January 1, 2008 due to the adoption of Federal Law dated December 18, 2006 N 231-FZ ) // Russian newspaper. – No. 147. – 03.08.1993.
5. Decree of the Government of the Russian Federation of March 21, 1994 No. 218 “On the minimum rates of royalties for certain types of use of works of literature and art” (as amended on June 18, 2012) // Russian News. – No. 56. – 03/30/1994.
6. Federal Law of December 18, 2006 No. 231-FZ (as amended on December 30, 2015) “On the implementation of Part Four of the Civil Code of the Russian Federation” // Collection of Legislation of the Russian Federation. – December 25, 2006. – No. 52 (1 hour). – St. 5497.
7. Decision of the Arbitration Court of the Rostov Region dated 05/07/2014 in case No. A53-21403/13. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/3f2a076b-0a24-4196-8a34-c2369913316e/57b591a5-b18e-4857-85c4-4a4f3e6cb10a/A53-21403-2013_20140507_Reshe nija_i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/29/2023).
8. Decision of the Arbitration Court of the Sverdlovsk Region dated August 17, 2018 in case No. A40-308/2018. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/091a0153-9c48-4cf8-a193-90139f98478e/a893f2ed-7421-4a6d-87c6-7886218501a5/A60-308-2018_20180817_Reshenija_ i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/28/2023).
9. Resolution of the Seventeenth Arbitration Court of Appeal No. 17AP-14811/2018-GK dated 02/28/2019. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/091a0153-9c48-4cf8-a193-90139f98478e/c91dc2a6-d236-417f-978e-7f81e8f586ba/A60-308-2018_20190228_Reshenija_ i_postanovlenija.pdf?isAddStamp=True ( date of access: 05/28/2023).
10. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 07/08/2020 No. 309-ES19-20255. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/091a0153-9c48-4cf8-a193-90139f98478e/0507c65d-0178-4006-bf01-09cded4c2f6f/A60-308-2018_20200708_Opredelenie. pdf?isAddStamp=True ( date of access: 05/28/2023).
11. Decision of the Arbitration Court of the Sverdlovsk Region dated September 26, 2018 in case No. A60-5279/2018. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/78cf44f2-5b24-4483-b979-ad5b78429cec/dca671c3-ef8e-4333-ad2e-284dc4cc4208/A60-5279-2018_20180926_Reshenija_i_posta novlenija.pdf?isAddStamp=True ( date of access: 05/29/2023).
12. Resolution of the Seventeenth Arbitration Court of Appeal No. 17AP-17590/2018-GK dated 02/11/2019. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/78cf44f2-5b24-4483-b979-ad5b78429cec/b660fbb7-49e4-43e8-97a5-6eac9fe1bf6b/A60-5279-2018_20190211_Reshenija_i_post anovlenija.pdf?isAddStamp=True ( date of access: 05/29/2023).
13. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated 07/08/2020 No. 309-ES19-20278. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/78cf44f2-5b24-4483-b979-ad5b78429cec/44251426-1376-48c4-8726-fc2918e419d1/A60-5279-2018_20200708_Opredelenie .pdf?isAddStamp=True (date of access: 05/29/2023).
14. Determination of the Constitutional Court of the Russian Federation dated May 16, 2023 No. 1031-O “At the request of the Intellectual Rights Court to verify the constitutionality of paragraph 3 of Article 1263 of the Civil Code of the Russian Federation” // The document was not published. – [Electronic resource]. – Access mode: access from SPS “Consultant Plus” (date of access: 06.22.2023).
CIVIL LAW
KUZMINA Karina Sergeevna
student of the Far Eastern Federal University, Vladivostok
VOLUNTARY MEDICAL INSURANCE: LEGAL ASPECTS OF CONCLUDING A CONTRACT AND ISSUING AN INSURANCE POLICY
The article discusses the main aspects of including a VMI contract and issuing an insurance policy. Attention is also paid to the insurance of foreigners and stateless persons. The legal basis of voluntary medical insurance, which has not been consolidated in a separate regulatory legal act, is considered. The author has worked out a kind of legal instruction for those who are thinking of including a voluntary medical insurance contract. We believe that the development of this topic will expand the range of these legal relations, increase the demand for the conclusion of this insurance contract.
Keywords: voluntary medical insurance, policy, insurer, policyholder, insurance contract.
Bibliographic list of articles
1. Arsentiev E.V. Development of voluntary medical insurance in the Russian Federation // Kazan Med. and. – 2019. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-dobrovolnogo-meditsinskogo-strahovaniya-v-rossiyskoy-federatsii (date of access: 09/25/2023).
2. Klimin V. G. Economic determinism of voluntary medical insurance // Journal of new economy. – 2009. – No. 1 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekonomicheskaya-determinirovannost-dobrovolnogo-meditsinskogo-strahovaniya (date of access: 09/29/2023).
CIVIL PROCEDURE
SIKACH Artem Sergeevich
student bachelor of the 4th course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
NAYDENOV Kirill Dmitrievich
student bachelor of the 3rd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
PROVATKINA Valeriya Evgenjevna
student bachelor of the 3rd course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University
ON THE QUESTION OF THE EXPEDIENCY OF INCLUDING JURORS IN CERTAIN CATEGORIES OF CIVIL CASES IN THE RUSSIAN FEDERATION
This paper discusses the idea of legislating the possibility of jurors to take part in the administration of justice in civil cases. In this work, the authors advocate the introduction of the institution of jurors in civil proceedings. The authors advocate the inclusion in the CPC of the Russian Federation and other legislative acts of the Russian Federation of provisions on the participation of jurors in civil cases with certain reservations. The article contains an analysis of the provisions of domestic legislation regulating the consideration of cases involving jurors, a comparative legal analysis of the institution of jury trial (in particular, the issues of functioning of this institution in the countries of the Anglo-Saxon legal system will be considered), and also includes a list of categories of civil cases in which the introduction of a jury trial is unacceptable or impractical for the reason of the nature and features of a number of disputes (for example, family, labor, housing, office cases, etc.).
Keywords: Jurors, Russia, USA, UK, Anglo-Saxon legal family, civil procedure, criminal procedure, jurisdiction, questionnaire.
Bibliographic list of articles
1. Khatuaeva V.V., Avdeev M.A. Trial by jury: a textbook for universities. – Moscow: Yurayt Publishing House, 2023. – 181 p. – (Higher education). — ISBN 978-5-534-07967-8. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/516761 (date of access: 10/31/2023).
2. Reznik G.M. [et al.] Criminal procedural law of the Russian Federation. Special part: textbook for universities / Executive editor G. M. Reznik. — 4th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 526 p. – (Higher education). — ISBN 978-5-534-16632-3. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/531403 (dateand appeal: 10/11/2023).
3. Mikhailov A. M. Comparative law: judicial power in the legal system of England: a textbook for universities. — 2nd ed. – Moscow: Yurayt Publishing House, 2023. – 340 p. – (Higher education). — ISBN 978-5-534-16917-1. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/532018 (date of access: 10/31/2023).
4. Lebedev M. Yu. [et al.] Civil process: textbook and workshop for universities / Edited by M. Yu. Lebedev. — 8th ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 423 p. – (Higher education). — ISBN 978-5-534-17972-9. — Text: electronic // Educational platform Urayt [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/534072 (date of access: 10/31/2023).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
TKACHENKO Slavyana Dmitrievna
bachelor’s student of the 3rd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
PROBLEMS OF LEGAL REGULATION OF THE MARRIAGE CONTRACT
The marriage contract is a relatively new institution of family law introduced into the Russian legal system after the “collapse” of the USSR. To date, it has not been widely distributed, which may be due to various reasons, including existing problems in legal regulation. Within the framework of the study, the problems of legal regulation of the marriage contract in Russia, as well as judicial practice and directions of development in this area will be considered.
Keywords: marriage contract, property of spouses, jointly acquired property, property rights of spouses, judicial practice.
Bibliographic list of articles
1. Kudryavtseva L.V., Kuemzhieva S.A., Maslennikova L.V. Current problems of family law: textbook. allowance. – Krasnodar: KubSAU. – 2020. – 104 p.
2. Kudryavtseva L.V., Shevchenko V.S. Legal regulation of the marriage contract in international private law // Scientific support of the agro-industrial complex. Collection of articles based on the materials of the 75th scientific conference of students based on the results of research work for 2019. – 2020. – pp. 1448-1450.
3. Kunitskaya V.I., Kostina S.E. Some problems of legal regulation of the marriage contract in Russia // Young scientist. – 2022. – No. 12. – P. 162-164.
4. Ryashkovskaya Ya. I. The problem of maintaining a marriage contract. regulation of non-property relations between spouses related to the means and methods of raising children // National Association of Scientists. – 2015. – No. 2-6. – pp. 120-122.
LABOR LAW
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, Irkutsk
KOSTYUCHENKO Mariya Andreevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ABOUT THE POSSIBILITY OF CONDUCTING PSYCHOPHYSIOLOGICAL STUDIES USING A POLYGRAPH IN LABOR RELATIONS
The article analyzes the possibility of conducting psychophysiological studies using a polygraph in labor relations. The authors conclude that psychophysiological research using a polygraph is a legitimate and possible way to assess the business qualities of employees and establish their integrity at any stage of labor relations. This procedure allows you to minimize risk factors and identify the facts of involvement of specific persons in the events of interest.
Keywords: labor relations, employee, employer, psychophysiological research, polygraph.
Bibliographic list of articles
1. Aminev F. G. On the professional ethics of a forensic expert in the Russian Federation // Baikal research journal. – 2019. – T. 7. No. 6. – P. 1-6.
2. Panchenko V. Yu., Pushkina A. V. Self-protection of rights and legitimate interests as an independent legal phenomenon // Academic legal journal. – 2020. – No. 2 (80). – pp. 30-41.
3. Sterkhov A.P. Increasing the security of innovative business through changing the quality of the selection system and personnel management of the company // Izvestia IGEA. – 2014. – No. 4. – P. 1-12.
4. Antonchenko V.V. Interaction of law and morality in the process of their transformation // Academic legal journal. – 2023. – T. 24. No. 1. – P. 5-13.
5. Komissarova Ya. V. Fundamentals of polygraphology: a textbook for masters. – Moscow: ProSpect, 2022. – 192 p.
6. Mashkov S. A., Kostyuchenko M. A. On the issue of employer compliance with legislation on personal data during video recording and psychophysiological polygraph testing of workers // Academic Legal Journal. – 2023. – T. 24. No. 2. – P. 183-192.
LABOR LAW
TOKAREV Alexander Maximovich
student bachelor of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
CHANGING CLIMATE AND LABOR RELATIONS: CHALLENGES AND PROTECTION OF WORKERS’ RIGHTS
The article examines the impact of climate change on labor relations and workers’ rights in various sectors of the economy. The author draws attention to the economic and social consequences of climate change, which may lead to loss of jobs, deterioration of working conditions and health of workers. The article suggests possible measures to protect the interests of workers in a changing climate. The aim of the study is to raise public awareness of the importance of protecting workers’ rights and to promote effective measures to improve working conditions and protect workers’ rights.
Keywords: climate change, labor relations, workers’ rights, working conditions, workers’ health, protection of workers’ interests, public awareness, improvement of working conditions, protection of workers’ rights.
Bibliographic list of articles
1. Veredyuk O. V. Impact of climate change on employment // Bulletin of St. Petersburg University. Economy. – 2011. – No. 4.
2. Ricardo S. D. F. The future of employment: assessing the effects of Foresight in the field of science, technology and innovation // Foresight. – 2017. – No. 4.
3. Blagodir A. L. Legal challenges in the sphere of labor // Education and law. – 2022. – No. 7.
FINANCIAL LAW
KAREV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Theory of law and philosophy sub-faculty of the Samara State University of Economics
POLKOVNIKOVA Tatyana Vladimirovna
magister student of the 2nd course of the program “Legal support of budgetary and financial activities and taxation” of the Samara State University of Economics
CLASSIFICATION OF SOURCES OF FINANCIAL LAW: DISCUSSION ISSUES
The article reveals the concept of the source of law and the peculiarities of the expression of the norms of financial law in the modern realities of the Russian Federation. The content of financial law is clarified and its significance from the point of view of the formation and expenditure of public funds is justified. Possible classifications of financial law are disclosed. The inconsistency of judicial acts as a source of financial and legal norms is substantiated. The provisions stipulating the controversial nature of the classification of sources of financial law are clarified.
Keywords: financial and legal norms, regulatory legal acts, judicial acts, form of expression of law, legislative and executive authorities, current legislation.
Bibliographic list of articles
1. Constitution of the Russian Federation: Adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // SPS “Consultant Plus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: November 26, 2023).
2. Bredikhin A. L. Judicial practice as a source of Russian law // Theory and practice of socio-humanitarian sciences. – 2023. – No. 1 (21). – P. 102-106.
3. Eremin S. G. Modern concept of external sources of “soft law” in the system of sources of financial law in Russia // Russian Justice. – 2020. – No. 2. – pp. 14-18.
4. Ignatieva E. G. Sources and forms of financial law: differentiation and identification // Legal and individual regulation of public relations: problems of theory and practice. Materials of the IX All-Russian scientific and practical conference of graduate students, applicants, undergraduates and young scientists. – Moscow, 2021. – pp. 413-417.
5. Pastushenko E. N., Zemtsova L. N. Public law of the financial market as a sub-branch of financial law // Prospects for the development of financial law. Collection of articles based on the materials of the International Scientific and Practical Conference “Prospects for the Development of Financial Law” (“Piskotin Readings – 2022”). – 2022. – pp. 99-105.
6. Popondopulo V. F. Financial law: concept, nature, sources // Financial law. – 2020. – No. 1. – P. 8-14.
7. Fedko V. S. International treaties and agreements in the system of sources of financial law // Jurisprudence, state and law: current issues and modern aspects. Gulyaev G. Yu. collection of articlesaty of the V International Scientific and Practical Conference. – Penza, 2021. – pp. 90-92.
LAND LAW
NUHKADIEV Magomed Ramazanovich
magister student of the 2nd course of the direction “Actual problems of civil law” of the Faculty of Law of the Dagestan State University
FEATURES OF TERMINATION OF OWNERSHIP OF REAL ESTATE IN CONNECTION WITH THE SEIZURE OF A LAND PLOT DUE TO ITS IMPROPER USE
This article will discuss the essence of the problem, the main legal mechanisms for terminating rights to land plots in the event of their improper use, as well as possible consequences for the owners of such plots. Based on the results of consideration of the main issues related to the forced termination of private ownership of land, the article concludes that the mechanism of seizure is sufficiently regulated.
Keywords: seizure of a land plot, inappropriate use of a land plot.
Bibliographic list of articles
1. Land Code of the Russian Federation of October 25, 2001 No. 136-F3 (as amended on January 1, 2019) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http//pravo.gov.ru (date of access: 09/10/2023).
2. Eliseeva I. A. Legal responsibility for damage to land. – Krasnodar, 2020. – 131 pp.
3. Ershov V. A. Everything about land relations: cadastral registration, property rights, purchase and sale, rent, taxes, responsibility. – M.: GrossMedia, ROSBUKH, 2009. – 416 pp.
4. Zhavoronkova N. G. Land law: Textbook / Responsible. ed., Krasnova I. O. – M.: Yurayt, 2019. – 580 pp.
5. Zavyalov A. A., Markravt E. Land relations in the system of local government. – M.: Statute, 2019. – 256 pp.
6. Taskin N.I. Forced termination of ownership of a land plot: dis. …cand. legal Sci. – Ryazan, 2018. – 144 pp.
7. Kulinykh P. Constitutional aspects of ownership of agricultural land // Problems of ownership and management in agriculture / Ed. V. V. Semchik. Institute of State and Law named after. V. M. Koretsky] (2020). – pp. 66-69.
ECOLOGICAL LAW
KODOLOVA Alena Vladimirovna
Ph.D. in Law, senior researcher of the Saint-Petersburg Scientific Research Center for Environmental Safety of the Russian Academy of Sciences
DEVELOPMENT OF LEGISLATION IN THE FIELD OF ENVIRONMENTAL MONITORING IN THE CIS MEMBER STATES
The adoption of legislative acts on the organization and implementation of environmental monitoring can be considered as one of the manifestations of the constitutionally enshrined human right to receive reliable information about the state of the environment: by enshrining in legislation the human right to environmental information, the state undertakes obligations not only to provide it to interested persons, but also to conduct observations of the state and pollution environment, on the formation of state information resources. The analysis of the current legislation of the CIS member States on the implementation of environmental monitoring has shown that regulatory legal acts in the field of environmental monitoring in most CIS states have gaps and contradictions related to the regulation of the relations under consideration by various branches of legislation, the absence of a single regulatory act on the implementation of environmental monitoring.
Keywords: environmental monitoring, CIS member states, environmental monitoring, monitoring of natural resources
Bibliographic list of articles
1. Alekseeva L. L., Bogolyubov S. A., Vasilyeva L. N. et al. Development of Russian legislation in the 1930s. – M.: Limited Liability Company “Scientific Publishing Center INFRA-M”, 2023. – P. 110-119.
2. Borodina O. Monitoring of natural resources as an information basis for accounting and assessment of natural resources // Moscow Legal Journal. – 2016. – No. 3. – P. 69-75.
3. Aiskhanov S.K., Eliphanov M.U., Vakhabova S.A. Environmental monitoring and control of the environment // Industrial Economics. – 2023. – No. 1. – P. 150-153. – DOI 10.47576/2712-7559_2023_1_150. – EDN BKCRRK.
4. Nikitin E. A. Environmental monitoring as a system for ensuring environmental safety // Law and order: history, theory and practice. – 2021. – No. 3 (30). – pp. 22-31.
5. Bogolyubov S. A. Responsibility for environmental monitoring // Law and Economics. – 2007. – No. 9. – P. 4-6. – EDN IBFFGT.
SOCIAL SECURITY LAW
KRYUCHKOVA Kristina Yurjevna
lecturer of Civil law sub-faculty of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
RETROSPECTIVE LEGAL ANALYSIS OF ABLISM AS A FIGHT AGAINST DISCRIMINATION AGAINST THE DISABLED
This article examines the legal and social problems of ablism in society, and also touches on historical aspects on this topic. Today, society is actively fighting discrimination based on gender and race, but there are many other social groups that face no less infringement of rights and freedoms, one of which is a group of people with disabilities. Let’s understand in this study what ablism is, where it comes from and why it is important for each of us to contribute to the fight against it. The aim of the work is to popularize disability studies in educational programs, to highlight the problems of people with disabilities on television, media art, etc., to familiarize modern society with the socio-cultural aspects of disability.
Keywords: discrimination, ablism, discrimination, inclusive world.
Bibliographic list of articles
1 Minzaripov R. G. Socialization of the personality of a young specialist in the humanitarian environment of a classical university (abstract of thesis. … doctoral sociological sciences. – Kazan, 2006. – P. 12-14.
2 General sociology [Text]: textbook. Allowance; under general ed. A. G. Efendieva. – M.: INFRA – M, 2020. – P. 500.
3 Zotov V.V., Lokhanko A.V. Correlation of intellectual and creative potentials in the structure of a holistic personality. – Kursk, 2019. – P. 66.
CRIMINAL LAW
ALIEV Shapi Izievich
Ph.D. in Law, Ph.D. in sociological sciences, associate professor, Director of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations, associate professor of Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ALIEVA Umzakhrat Temirbolatovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculy of the Dagestan State University, branch in Izberbash
CONNECTIONS BETWEEN ORGANIZED CRIME AND TERRORISM
The article draws attention to the fact that when analyzing the criminal activities of organized groups and terrorist groups, a relationship is established between them. Neither the United Nations Convention against Transnational Organized Crime nor other international instruments contain a clear definition of organized crime. This is not only due to a lack of agreement among states and incompatible political viewpoints, but is also the result of a conscious choice by those who entered into the Convention to take into account possible radical changes in the activities of criminal groups. Similar to the area of organized crime, there is no internationally accepted definition of terrorism. The differences, but also similarities, between terrorist organizations and organized crime groups are numerous, and the lines are often blurred. All this causes certain difficulties in international law enforcement practice.
Keywords: organized crime, terrorist act, international organizations, difficulties in law enforcement practice.
Bibliographic list of articles
1. Countering terrorism: Textbook / Compiled by: N. E. Lukyanov, S. V. Pilipushka, V. A. Proshin. – Novosibirsk: NGPU Publishing House, 2020. – 212 p.
2. Materials of the meeting of the National Anti-Terrorism Committee of Russia dated February 14, 2023 [Electronic resource]. – Access mode: http://nac.gov.ru/nak-prinimaet-resheniya/v-moskve-proshlozasedanie-nacionalnogo-31.html (access date: 10/25/2023).
CRIMINAL LAW
BICHENOVA Anna Rolandievna
lecturer of Penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
TYUMENEVA Darya Vladimirovna
cadet of the 3rd course of the Samara Law Institute of the FPS of Russia
PREVENTION AND PREVENTION OF JUVENILE DELINQUENCY
This scientific article is devoted to the analysis of issues of prevention and prevention of juvenile delinquency. Youth crime is a serious problem in modern society, and its prevention at the early stages of development is a priority for law enforcement agencies and social workers. The study is based on a comprehensive approach to the prevention and prevention of juvenile delinquency, which includes an analysis of demographic data, the social and economic status of families, educational opportunities, as well as the role of mass media and mass communication in shaping youth behavior.
Keywords: prevention, prevention, offenses, minors, youth crime, strategies and programs, cooperation, control, supervision, education, employment, risk groups, psychological support, social support, systematic approach, social protection, positive values.
Bibliographic list of articles
1. Kabisov A. A., Karaeva L. Kh. Prevention as the main technology for preventing juvenile delinquency // Bulletin of the Magistracy. – 2019. – No. 5-5 (92). – pp. 76-78.
2. Karetnikov K.V. Prevention of group offenses of convicts in educational colonies: organizational aspect // Bulletin of the Kuzbass Institute. – 2023. – No. 1 (54). – pp. 37-43.
3. Mikhaleva G. G. Individual prevention as a way to prevent juvenile delinquency // Bulletin of the Perm State Humanitarian Pedagogical University. Series No. 3. Humanities and social sciences. – 2022. – No. 1. – P. 198-202.
4. Ogurtsova M. L. Prevention of offenses against juvenile convicts serving sentences in educational colonies // Law and Education. – 2021. – No. 10. – P. 94-100.
5. Prozumentov L. M., Shesler A. V. Criminal legal means of counteracting group crime // Bulletin of Tomsk State University. Right. – 2022. – No. 43. – P. 86-96.
6. Chernyshkova M. P., Debolsky M. G. Criminal subculture among minors held in places of deprivation of liberty, and prevention of its spread // Applied legal psychology. – 2016. – No. 2 (35). – pp. 41-47.
7. Juvenile crime: statistics 2023. – [Electronic resource]. – Access mode: https://polic15.ru/zhaloby/prestupnost-nesovershennoletnih-statistika-2021 (access date: 11/03/2023).
CRIMINAL LAW
BONDAREV Sergey Petrovich
Ph.D. in Law, Head of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
BOKHAN Andrey Petrovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
RYABKO Natalya Vladimirovna
Ph.D. in Law, associate professor, lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
DISTINCTION OF STEALING FROM THEFT OF A VEHICLE
According to data from the Russian State Traffic Safety Inspectorate, about 100 thousand vehicles are wanted annually due to theft. This circumstance can be explained by the fact that there is an annual increase in cars (about a million cars per year), high profitability and a low detection rate of thefts, as well as the high professionalism of car thieves who quickly adapt to modern and new anti-theft systems. In this connection, there is a need to consider the grounds for distinguishing related crimes.
Keywords: vehicle, stealing, theft, disposal, crime, qualification.
CRIMINAL LAW
BOKHAN Andrey Petrovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
SEROGODSKAYA Elena Sergeevna
senior lecturer of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
STAVILO Sergey Petrovich
Ph.D. in Law, associate professor, professor of Socio-economic and humanitarian disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
A BRIEF HISTORICAL ANALYSIS OF THE ESTABLISHMENT OF CRIMINAL LIABILITY FOR MURDER IN RUSSIA AND A COMPARATIVE DESCRIPTION WITH FOREIGN CRIMINAL LAW
In the article, the authors considered the history of criminal liability for murder in Russian regulations. A retrospective of the process of establishing criminal liability for murder from the commandments of the Bible to the norms of the current Criminal Code of the Russian Federation was briefly analyzed.
The authors conducted a comparative analysis of criminal law norms providing for criminal liability for murder in the Criminal Code of the Russian Federation and norms providing for liability for murder in Germany, the People’s Republic of China and theUnited States of America (using the example of the State of California).
As a result of the study, historical continuity in establishing responsibility for murder was revealed, as well as a number of general approaches to the issue under consideration in a number of foreign countries.
Keywords: murder, history of establishing criminal liability for murder, murder in the Criminal Code of Germany, murder in the Criminal Code of China, murder in the Criminal Code of the State of California USA.
Bibliographic list of articles
1. Bible. Books of the Holy Scriptures of the Old and New Testaments with parallel passages and applications: in the Synodal translation. – M.: Nikea, 2016. Exodus. 21:12-14.
2. Dudaev I.I. Blood feud and its place in the genesis of the death penalty. [Electronic resource] – Access mode: https://cyberleninka.ru/article/n/krovnaya-mesti-ee-mesto-v-genezise-smertnoy-kazni (date of access: 10/21/2023).
3. Legislation of Peter I. 1696-1725. – M.: Mirror, 2014.
4. Kvashis V. E. The death penalty: global trends, problems and prospects. – M.: Yurayt, 2008.
5. Tikhomirov M. N., Epifanov P. P. Cathedral Code of 1649. – M., Moscow Publishing House. University, 1961. Chapter II “On the sovereign’s honor, and how to protect his sovereign’s health.” Art. 1.
6. Shvareva K. G. Responsibility for crimes against life under the legislation of foreign countries. In the collection: Legal, socio-economic, psychological aspects of ensuring national security // Materials of the IV All-Russian student scientific and practical conference with international participation. Executive editor N.V. Golokhvastova. – 2019.
7. Criminal Code of the Federal Republic of Germany (translated by N. S. Rachkova, edited by D. A. Shestakov. – St. Petersburg: Publishing house: Legal Center Press, 2013.
CRIMINAL LAW
GITINOVA Madina Makhmudovna
Ph.D. in Law, associate professor of Criminal law and process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice, Makhachkala
KUKHTYAEVA Elena Alexeevna
senior lecturer of Criminal law and process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice, Makhachkala
JAVATKHANOV Magomed Magomedgadzievich
magister student of the 3rd course of the North Caucasus Institute (branch) of the All-Russian State University of Justice, Makhachkala
CRIMINAL LAW ANALYSIS OF HUMAN TRAFFICKING
Human trafficking is a serious crime and a serious violation of human rights. Within the framework of the criminal law analysis of this crime, its essence, signs and consequences are considered. Human trafficking can be defined as illegal activities aimed at the movement, sale or exploitation of persons, including sexual slavery, forced labor, organ trafficking and other forms of exploitation. This crime violates the basic principles of respect for personal freedom, dignity and equality of all people. Human trafficking has a number of characteristic features, including coercion, deception, exploitation. These actions are committed in order to gain financial gain or control over other people. Women, children and migrants are particularly vulnerable to this crime. Trafficking in human beings has serious consequences for victims, including physical and psychological violence, deprivation of liberty and violation of their rights. They find themselves dependent on a criminal group, deprived of the possibility of free choice and forced to work or participate in sexual exploitation against their will. The criminal law analysis of human trafficking makes it possible to understand the nature, scope and consequences of this crime, as well as to develop appropriate measures for its prevention, suppression and punishment in accordance with international standards and national legislation.
Keywords: human trafficking, crime, violation of human rights, criminal law analysis, illegal activity, exploitation, forced labor, physical and psychological violence, deprivation of liberty.
Bibliographic list of articles
1. Large explanatory dictionary of the Russian language / Ed. S. A. Kuznetsova. – St. Petersburg: Norint, 1998. – 1534 p.
2. Karpets I.I. International crime. – Moscow: Nauka, 1988. – 112 p.
3. Kudryavtsev V.N. International criminal law (chapters by author Kudryavtsev V.N.): textbook. allowance. – Moscow: Yur. Norma: Scientific Research Center INFRA-M, 2016. – 97 p. – ISBN 978–5–16–105364–5 (online). – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/739563 (date of access: 02/30/2022). – Access mode: by subscription.
4. Criminal law course. A common part. T. 1. / Ed. N. F. Kuznetsova and I. M. Tyazhkova. – M., 2002. – 624 p. – [Electronic resource]. – Access mode: http://lawlibrary.ru/izdanie20647.html (date of access: 09/12/2023).
5. Milevsky A.I. Criminal law fight against trafficking in minors: abstract. dis. …cand. legal Sciences: 12.00.08. – M., 2000. – 24 p.
6. Repetskaya A. L. Transnational organized crime: characteristics, causes, control strategies. – Irkutsk: IGEA, 2010. – 192 p.
7. Sichkarenko A. Yu. Criminal-legal characteristics of human trafficking and the use of slave labor. Lecture. – Stavropol, 2018. – 25 p. – [Electronic resource]. – Access mode: http://stavf.krdu.mvd.ru/upload/site1 (date of access: 04/12/2022).
8. Judicial practice to the Criminal Code of the Russian Federation: scientific and practical guide / Under the general editorship of V. M. Lebedev. – Moscow: Yurayt Publishing House, 2019. – P. 374.
9. Shelkov D. R. Features of the criminal legal qualification of human trafficking // Electronic scientific journal “Science. Society. State”. – 2018. – T. 6, No. 2. – [Electronic resource]. – Access mode: http://esj.pnzgu.ru (date of access: 09/12/2023).
10. Criminal case of the Stavropol City Court of the Russian Federation dated August 17, 2018 in case No. 1–54/2018. – [Electronic resource]. – Access mode: http://arbitr.garant.ru/#/document/304356939/paragraph/1.
11. Data from the Judicial Department of the Russian Federation for the period 2020-2022. Criminal record status. – [Electronic resource]. – Access mode: http://www.cdep.ru/.
12. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 24, 2019 No. 58 “On judicial practice in cases of kidnapping, unlawful imprisonment and human trafficking.” – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_341379/.
CRIMINAL LAW
ZAIDOVA Manarsha Usmakhanovna
senior lecturer of Criminal law and state and legal disciplines sub-faculty of the Faculty of Law of the Dagestan State University of National Economy
CORRUPTION IN THE ARMED FORCES OF THE RUSSIAN FEDERATION: PROBLEMS OF THEORY AND PRACTICE
The article deals with such a terrible phenomenon that has engulfed most structures and institutions of society and the state, such as corruption. In particular, the author reveals the causes of corruption in the army, the forms of manifestation of corruption. Corruption is an obstacle to the fruitful functioning of public authorities and a threat to both state and public security. Suggests what are the possible ways to overcome corruption in the Armed Forces of the Russian Federation. Based on a comprehensive analysis of the criminogenic situation in the country and its military organization, the author presents a set of measures, the implementation of which should contribute to reducing the level of corruption in the law enforcement agencies of the Russian state.
Keywords: Armed Forces of the Russian Federation, army, corruption, general, soldier, prevention, efficiency.
Bibliographic list of articles
1. Federal Law “On Defense” dated May 31, 1996 No. 61-FZ (latest edition).
2. Federal Law No. 273-FZ dated December 25, 2008 (as amended on July 10, 2023) “On Combating Corruption” (as amended and supplemented, entered into force on September 15, 2023).
3. [Electronic resource]. – Access mode: https://realnoevremya.ru/articles/221215-v-kazanskom-dele-fsb-po-bespilotnikam-orlan-poyavilsya-otkat-v-48-millionov.
CRIMINAL LAW
KIPKEEV Islam Magomedovich
postgraduate student, specialization “criminal law sciences 5.1.4” of Criminal law, criminal process and criminalistics sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ACTUAL PROBLEMS OF SENTENCING FOR EMBEZZLEMENT USING ELECTRONIC MEANS OF PAYMENT
Within the framework of the presented article, the author draws attention to the actual problems that arise within the framework of sentencing for committing theft using electronic means of payment (hereinafter referred to as ESP).
Modern society is undergoing constant changes, all spheres of life are becoming exposed to high technologies. The complexity and heterogeneity of public relations requires close attention from the state and modern legal science. The emergence of new forms of realization of social relations leads to the fact that criminals show interest in them, looking for ways to use this or that technology for their criminal purposes. ESP was no exception. For a long time, criminals have been committing crimes that are related to theft in this area. Accordingly, the issue of regulation of special norms remains significant, which will act as a model of behavior in the formed realities.
Criminal liability for committing fraud using ESP is provided for in Article 1593 of the Criminal Code of the Russian Federation. The complexity of sentencing and bringing to justice the perpetrators under this article is that embezzlement using ESP is composite. In other words, this crime can be committed through the use without the consent of the owner of payment cards or through the use of information that is not valid. As a result of committing such theft, the criminal receives an illegal benefit.
In accordance with the criminal legislation, embezzlement committed using ESP is a criminal offense, as a result of which a criminal case is initiated, and the guilty person is brought to criminal responsibility, that is, he is sentenced.
Within the framework of this article, the author draws attention to the fact of humanity of the state and the court in relation to the persons who committed the crime in question, and formulates a conclusion about the need to tighten sanctions.
Thus, the topic of sentencing is quite relevant, and the problems that may arise in this area require special attention.
Keywords: embezzlement, electronic means of payment, punishment, responsibility, criminal law.
Bibliographic list of articles
1. Dzyumenko R.I. Peculiarities of qualification of fraud using electronic means of payment (Article 159.3 of the Criminal Code of the Russian Federation) // Young scientist. – 2022. – No. 8 (403).
2. Zakaev A. Kh. The concept of criminal liability in legislation and the science of criminal law // Bulletin of the Saratov State Law Academy. – 2017. – No. 2 (115).
3. Nedikov V.B. Criminal liability as one of the forms of implementation of state coercion // Young scientist. – 2020. – No. 3 (293).
4. Peraphids V. A. Application of criminal legal measures without isolation from society: historical experience and modernity. – M.: Publishing House of the International Legal Institute, 2021.
CRIMINAL LAW
KUCHEROVA Ekaterina Petrovna
Ph.D. in economical sciences, associate professor, associate professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
AKCHURINA Adeliya Alievna
student of the 5th course of the Faculty of Investigator Training of the Volgograd Academy of the MIA of Russia
THE CURRENT STATE OF ECONOMIC CRIME IN RUSSIA
The article, based on official statistical data from the Russian Ministry of Internal Affairs, analyzes the state and dynamics of economic crime in Russia for the period from 2019 to 2023. As a result of the analysis, we identified cause-and- effect relationships that influenced the growth of economic crime in 2020-2021, namely: the COVID-19 pandemic and the consequences of crisis phenomena in the economy; an increase in the number of crimes committed by a group of persons by prior conspiracy, as well as by an organized group or criminal community (criminal organization); widespread use of peer-to-peer electronic payment systems, etc. Factors have been identified that have made it possible to reduce economic crime in 2022-2023: the functioning of the digital project “Personal Account of a Law Enforcement Agency”; interaction of the Ministry of Internal Affairs of Russia with Rosfinmonitoring and the Bank of Russia, etc.
Keywords:economic activity, economic crime, causes of economic crime, analysis.
Bibliographic list of articles
1. Gordienko V.V. Features of the behavior of economic agents as a reason for the emergence of shadow economic relations // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2010. – No. 3 (14). – pp. 123-130.
2. Gordienko V.V., Zueva O.V. The role of the state in the creation of institutions that regulate market relations // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2014. – No. 4 (31). – pp. 179-184.
CRIMINAL LAW
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
ALEXEEV Anton Olegovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, major of police
LIPANIN Evgeniy Alexandrovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
AMIROVA Dilyara Kafilevna
Ph.D. in Law, associate professor of the Kazan branch of the Russian State University of Justice
FEATURES OF CRIMINAL RESPONSIBILITY AND PUNISHMENT OF MINORS
This article examines the phenomenon of juvenile delinquency. The authors provide statistical data indicating the relevance of the phenomenon under consideration. Based on the analysis of scientific sources, the authors identify the main peculiarities, characteristic features of juvenile delinquency, which include: mercenary orientation, latent and group character, choice of the crime scene. At the same time, the peculiarities of the punishment of juvenile offenders are considered as one of the features.
Keywords: Juvenile delinquency, juvenile delinquency, punishment, features of juvenile delinquency, juvenile.
Bibliographic list of articles
1. Decree of the President of the Russian Federation of May 24, 1994. No. 1016 “On urgent measures to implement the Federal Program of the Russian Federation to strengthen the fight against crime for 1994 – 1995” (with amendments and additions, the latter introduced by Presidential Decree of July 23, 2011 No. 2 902) // Collection of Legislation of the Russian Federation. – 1994. – No. 5. – Art. 403. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01.11.2023).
2. Bezrukova O. V., Altukhova N. M. Forensic characteristics of crimes committed by minors // Science. Society. State. – 2019. – No. 4 (28). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kriminalisticheskaya-harakteristika-prestupleniy-sovershennyh-nesovershennoletnimi (date of access: 10/31/2023).
3. Voloshin I. A., Davidenko S. A. Peculiarities of criminal liability of minors // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2015. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-ugolovnoy-otvetstvennosti-nesovershennoletnih (date of access: 10/31/2023).
4. Dzhanmirzaev I.K., Magomedova A.I. On the application of criminal law to minorsexplicit punishment in the form of compulsory labor // Bulletin of the Faculty of Law of the Southern Federal University. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-primenenii-k-nesovershennoletnim-ugolovnogo-nakazaniya-v-vide-obyazatelnyh-rabot-1 (date of access: 11/01/2023).
5. Erezhipaliev D.I. Juvenile crime at the present stage of development of Russian society // All-Russian Criminological Journal. – 2017. – T. 11. No. 1. – P. 98-108. — DOI: 10.17150/2500-4255.2017.11(1).98-108.
6. Kolesnikov R.V. Current state of juvenile delinquency // Penitentiary science. – 2022. – No. 1 (57). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennoe-sostoyanie-prestupnosti-nesovershennoletnih-1 (date of access: 10/31/2023).
7. Ogurtsov S. A. Fine as a type of punishment imposed on minors // Current problems of Russian law. – 2007. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/shtraf-kak-vid-nakazaniya-naznachaemyy-nesovershennoletnim (access date: 11/01/2023).
8. Tyumneva M. A. Features of criminal liability of minors // Colloquium-journal. – 2021. – No. 3 (90). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-ugolovnoy-otvetstvennosti-nesovershennoletnih-1 (date of access: 10/31/2023).
9. Shakhaev Yu. A. Concept and main forms of manifestation of latent crime of minors // Problems of economics and legal practice. – 2009. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-osnovnye-formy-proyavleniya-latentnoy-prestupnosti-nesovershennoletnih-lits (date of access: 11/01/2023).
CRIMINAL LAW
MAKHOVA Margarita Lvovna
competitor of Judicial activities and criminal process sub-faculty of the V. F. Yakovlev Ural State University, assistant lawyer, the bar Association “South Ural Law Center” of the Chelyabinsk region
PROBLEMS OF FAMILIARIZATION OF THE LAWYER WITH THE MATERIALS OF THE CRIMINAL CASE AT THE END OF THE PRELIMINARY INVESTIGATION
The article discusses the main problems of familiarizing a lawyer with the materials of a criminal case at the end of a preliminary investigation. Familiarization of the accused and his defense counsel with the materials of the criminal case at the end of the preliminary investigation is of great importance, since it allows them to evaluate the evidence collected, file petitions for additional investigative actions, and form their position to participate in the trial. However, there are many problems in the legal regulation of these issues that require their resolution at the legislative level.
Keywords: lawyer, criminal procedure; criminal proceedings
Bibliographic list of articles
1. Alieva N.N. Familiarization with the materials of a criminal case as a guarantee of protecting the rights of the accused // Legal Concept = Legal paradigm. – 2020. – No. 4. – P. 151-155.
2. Leontiev A.D. Procedures for disclosing evidence – a condition for the parties to be adversarial in criminal proceedings in Russia // Current research. –2022. – No. 15 (94). – pp. 51-63.
3. Misnik L.A. Lawyer and his powers in criminal proceedings. The problem of participation in proof // Young scientist. – 2020. – No. 1 (291). – pp. 177-180.
4. Rossinsky S. B. On the practice of familiarizing participants in criminal proceedings with the materials of criminal cases (in accordance with Articles 216-218 of the Code of Criminal Procedure of the Russian Federation) // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (84). – pp. 16-23.
5. Jacobi I.V. Lawyer in criminal proceedings: problems of criminal procedural regulation and practice // Society and Law. – 2019. – No. 52. – P. 26-34.
CRIMINAL LAW
PEYZAK Anastasiya Viktorovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE EFFECTIVENESS OF THE GERMAN CRIMINAL RECIDIVISM PREVENTION SYSTEM
This article examines the effectiveness of the system for the prevention of recidivism organized in the Federal Republic of Germany. The author substantiates the relevance of research. The paper notes the specific approach to resolving the delineation of the functions of the State and society in preventing recidivism. The author analyzes the anti-criminogenic factors affecting the quantitative and qualitative indicators of recidivism in Germany. The results of the study could be used in the further development of recommendations to change the elements of the prevention system in place in the Russian Federation.
Keywords: Germany, prevention, crime, recidivism, convict, society.
Bibliographic list of articles
1. Lessons Learned from Germany: Avoiding Unnecessary Incarceration and Limiting Collateral Consequences // Fair and Just Prosecution. [Electronic resource]. – Access mode: https://www.fairandjustprosecution.org/staging/wp-content/uploads/2020/04/FJP_Brief_GermanIncarceration.pdf (access date: 09/01/2023). Text: electronic.
2. Wiebke Steffen. Report for the 19th German Congress of Crime Prevention May 12-13, 2014 in Karlsruhe. [Electronic resource]. – Access mode: https://www.praeventionstag.de/dokumentation/download.cms?id=2065. (date of access: 09/01/2023). Text: electronic.
3. Filippova O. V. Criminological characteristics of the personality of a recidivist in Russia: the main trends in changes in parameters in the modern period. Text: direct // All-Russian criminological journal. – 2022. – T. 16. – No. 2. – P. 207–216. DOI 10.17150/2500-4255.2022.16(2).207-216.
CRIMINAL LAW
PEYZAK Ruslan Igorevich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
RELEVANCE OF RESEARCH ON THE CASE LAW ON FRAUD OF THE SUPREME COURT OF CASSATION OF ITALY
The lack of effectiveness in combating the manifestations of cross-border crime at the national level of a given State makes it necessary to take into account international experience in implementing criminal policies aimed at preventing fraudulent crimes. The article substantiates current research analyzing the law enforcement practice of the Supreme Court of Cassation of Italy in cases of fraud.
Keywords: fraud, public financing, mortgage, IT, cyber crime, insolvency, loan fraud, insurance, criminal policy, Italy.
Bibliographic list of articles
1. Ilyin I.V. Doctor of Law dissertation “Theoretical foundations of combating fraud committed in the economic sphere: criminal law and criminological problems”, 2011. – 492 pp.
2. Italian Criminal Code, 1930 (as amended on October 9, 2023) – Text: electronic // Altalex. Codice Penale [website]. [Electronic resource]. – Access mode: https://www.altalex.com/documents/codici-altalex/2014/10/30/codice-penale (access date: 09/01/2023).
CRIMINAL LAW
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue of the Academy of EMERCOM of Russia, Zheleznogorsk
DISCREDITING AS A WAY OF COMMITTING CRIMES AGAINST STATE POWER: SEPARATE ISSUES OF INTERPRETATION AND QUALIFICATION
The article analyzes possible forms of discrediting the execution of their powers by state bodies of the Russian Federation. The signs of discrediting are considered, its definition is formulated, and options for using deliberately false information discrediting the activities of state bodies, its representatives, as a way of committing crimes against national security are investigated. Based on the results, reasonable amendments and additions to the criminal legislation in terms of countering the discrediting of state power are substantiated.
Keywords: crime, method of committing a crime, discredit, state power, national security.
Bibliographic list of articles
1. Vinogradova A.D. On the issue of methods of committing crimes and methods of concealing crimes from accounting // Military law. – 2016. – No. 3(39). – pp. 102-106.
2. Enikeev M.I. Legal psychology: a short training course. – Moscow: Norma, 2003. – 256 p.
3. How to manage mass consciousness: modern models / V. A. Minaev, A. S. Ovchinsky, S. V. Skryl, S. N. Trostyansky. – M.: RosNOU, 2013. – 200 p.
4. Kudryavtsev V. N. Genesis of crime. Experience in criminological modeling: textbook. allowance. – M., 1998.
5. Nezhdanov I. Yu. Technologies of information wars on the Internet. – [Electronic resource]. – Access mode: http://bash.rosmu.ru/activity/attach/events/1283/01.pdf (access date: 11/09/2023).
6. Sereda I. M. On criminal liability for the dissemination of false information aimed at undermining the authority of state bodies of the Russian Federation / I. M. Sereda, S. A. Stupina // Current problems of criminal law and penal policy of the Russian Federation on modern stage: Materials of the All-Russian scientific and practical conference dedicated to the memory of Doctor of Law, Professor V.I. Gorobtsov / Responsible. editor N. N. Tsukanov. – Krasnoyarsk, 2023. – pp. 182-186.
7. Trostyansky S. N. Using information diffusion models for aanalysis of threats to the national security of the state // Aerospace Forces. Theory and practice. – 2018. – No. 5(5). – pp. 25-30.
8. The FSB of Russia in the territory of the Republic of Buryatia suppressed the activities of an accomplice of Ukrainian intelligence. – [Electronic resource]. – Access mode: http://www.fsb.ru/fsb/press/message/single.htm!id=10439851@fsbmessage.html. (date of access: 09.11.2023).
CRIMINAL PROCEDURE
VRAZHNOV Alexey Sergeevich
Ph.D. in Law, lecturer of Criminal process sub-faculty of the Military University
TO THE CONTENT OF CERTAIN AMENDMENTS TO THE LEGISLATION ON MILITARY SERVICE OF THE RUSSIAN FEDERATION
The article provides a brief legal analysis of individual amendments to the Federal Law “On Military Duty and Military Service”, which were adopted over the past year. Among them, the author includes: the introduction of temporary measures aimed at ensuring the appearance on the agenda of the military commissariat, new ways of summoning a person liable for military service to the military commissariat, correction of the pre-trial procedure for filing a complaint against actions (inaction) and decisions of the draft commission of the subject of the Russian Federation.
Keywords: military duty, military service, amendments to the federal law, temporary measures aimed at ensuring attendance on the agenda of the military commissariat, Register of summonses, authorized representative, legal representative.
CRIMINAL PROCEDURE
DANILOV Igor Borisovich
Ph.D. in Law, associate professor, Head of Jurisprudence sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
NIKULIN Dmitry Vladimirovich
assistant of Jurisprudence sub-faculty of the Siberian State University of Geosystems and Technologies, Novosibirsk
PROBLEMS OF DETERMINING THE LEGALITY OF USING PSYCHOPHYSIOLOGICAL RESEARCH USING A POLYGRAPH TO OBTAIN EVIDENCE IN A CRIMINAL CASE
The article examines the problem of the legality of using psychophysiological studies using a polygraph (PFIP) to obtain evidence in a criminal case. It is stated that the current legislation does not contain a clear answer to the question of its admissibility in the framework of criminal proceedings. The absence of a special law gives rise to ambiguous interpretations. Without directly indicating PFIP as a special type of forensic examination, the legislator, however, regulates the procedure for training polygraph examiners. It is established that there is a legal gap in this area that needs to be filled.
Keywords: criminal trial, polygraph, polygraph examiner, psychophysiological study using a polygraph, IPFO, PFIP, forensic examination, evidence.
Bibliographic list of articles
1. Komissarov V. I., Komissarova Ya. V. “Problems of the formation of psychophysiological examination” // The role and significance of the activities of R. S. Belkin in the formation of modern criminology: materials of the International. scientific conference (to the 80th anniversary of the birth of R. S. Belkin). – M.: Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2002.
2. Roganov S. A. Legal principles of using the polygraph in law enforcement activities of the Russian Federation: textbook. allowance. – St. Petersburg: Publishing house of St. Petersburg State Economic University, 2018.
3. Leontyeva N. L. Polygraph as a source of evidence in a criminal case // Legal psychology. – 2011. – No. 2.
4. Svobodny F.K. Forensic psychophysiological examination using a polygraph as a new type of forensic psychological examination // Bulletin of the Altai Academy of Economics and Law. – 2011. – No. 1.
CRIMINAL PROCEDURE
ZHARKO Natalya Viktorovna
Ph.D. in Law, associate professor, Deputy Head of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
CRITERIA FOR ASSESSING THE DEGREE OF PUBLIC DANGER OF SUBJECTS OF COMPULSORY MEDICAL MEASURES
In this article, the danger of persons who may be prescribed compulsory medical measures in order to develop criteria for assessing their degrees is considered. The author proposes for legislative consolidation a four-stage system of degrees of danger (small, significant, increased, special) of subjects of compulsory medical measures. Based on the analysis, the author substantiates the criteria of the proposed system of degrees of public danger.
Keywords: compulsory medical measures, assessment criteria, degree of danger, public danger, types of compulsory measures.
Bibliographic list of articles
1. Hot N. B. Compulsory measures of a medical nature (Criminal legal aspect): dissertation for the degree of candidate of legal sciences. Ryazan, 2005. 230 pp.
2. Zharko N.V. Social danger of subjects of compulsory measures of a medical nature // Eurasian Legal Journal. 2018. No. 11 (126). P.288-289.
3. Maltseva M. M., Kotov V. P. Dangerous actions of mentally ill patients. M.: Medicine, 1995. P. 39.
4. Pavlukhin A. N., Zharko N. V., Pavlukhin A. N., Zharko N. V., Khukhua Z. D. Compulsory measures of a medical nature (criminal legal aspect): monograph / Ed. A. N. Pavlukhina. M.: Unity, 2007. 144 pp.
5. Criminal Code of the Russian Federation. M.: Omega-L Publishing House, 2023. 250 pp.
CRIMINAL PROCEDURE
MERZLYAKOVA Marina Viktorovna
Ph.D. in Law, associate professor of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
ABOUT SOME FEATURES OF CRIMINAL PROCEEDINGS DUE TO OTHER NEW CIRCUMSTANCES
The article discusses some problems of reviewing criminal cases due to the other new circumstances, taking into account the approach that currently exists in judicial practice. The situations in which it is allowed to overcome the ban on resuming criminal proceedings due to the need to fill in the shortcomings of the prosecution and judicial activities that arose as a result of omissions of officials are given. It is proposed to clarify the conditions under which, after the cancellation of the sentence that has entered into force, the situation of the proud person (acquitted) may be worsened during the retrial of the case.
Keywords: reviewing criminal cases due to the other new circumstances, filling in the shortcomings of investigative and judicial activities, deterioration of the convict’s position during the case review.
Bibliographic list of articles
1. Davydov V.A. Resumption of criminal cases due to new and newly discovered circumstances. Legal positions of the Plenum of the Armed Forces of the Russian Federation // Criminal process. – 2022. – No. 2. – P. 22-29.
2. Vedishchev N.P. Resumption of criminal proceedings due to new or newly discovered circumstances. – M.: Yurlitinform, 2003. – 256 p. – ISBN 5-93295-079-X.
3. Zumakulov A.D. Institute for initiating criminal proceedings due to new or newly discovered circumstances as a guarantee of individual rights and freedoms: dis. …cand. legal Sci. – Kislovodsk, 2005. – 219 p.
4. Davydov V. A. Resumption of criminal proceedings due to new or newly discovered circumstances: theory and practice of correcting judicial errors. – M.: Yurayt Publishing House, 2012. – 313 p. – Series: Application practice. ISBN 978-5-9916-1466-5.
5. Oksyuk T. L. Resumption of criminal proceedings due to new or newly discovered circumstances // Legality. – 2007. – No. 10. – P. 6-11.
CRIMINAL PROCEDURE
MASLENNIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Academy of Law and Management of the FPS of Russia
THEORETICAL AND PRACTICAL ASPECTS OF THE INVESTIGATIVE EXAMINATION
The article analyzes the educational and scientific literature in the field of investigative inspection. The points of view on the conduct of the investigative examination of some scientists dealing with the problems arising during the conduct of this investigative event are considered. The author’s definition of the investigative examination is given. The types of investigative inspection as an event conducted by relevant law enforcement officials are considered and justified. The peculiarity of conducting such a type of investigative inspection as an inspection of the scene of an incident in institutions executing criminal punishment in the form of imprisonment is determined and disclosed. The circle of persons who are employees of the penal enforcement system who have the opportunity to conduct such an investigative inspection as an inspection of the scene of the incident has been determined. The features of the inspection of documents that are material evidence in a criminal case are determined. Special attention is paid to the peculiarities of conducting an inspection of the scene of the incident indoors, both in residential and non-residential. A plan for conducting an inspection of the scene of the incident has been formed and the activities of the plan have been disclosed. Some changes have been made to the norms of the criminal procedure law of our state in the field of conducting an investigative inspection.
Keywords: investigative inspection; inspection of the scene of the incident; inspection of documents; inspection of residential premises; norms of the criminal procedure law; criminal case; plan.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://pravo.gov.ru, 10/06/2022.
2. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023) // Collection of legislation of the Russian Federation. Federation. – 2001. – No. 52 (Part I). – St. 4921.
CRIMINAL PROCEDURE
KURYSHEV Andrey Olegovich
magister student of the 2nd course of the Far Eastern Federal University, Vladivostok
PROBLEMS OF CRIMINAL PROCEDURAL LEGAL RELATIONS
Criminal procedural relations are an essential element of the mechanism of criminal procedural regulation, without which it is impossible to imagine a criminal trial.
This article analyzes the problems of criminal procedural relations, which receive very little attention in the educational literature. The author examines questions regarding the subject composition of legal relations and their content, in the context of the fact that criminal procedural legal relations do not fit into the classical scheme of legal relations.
Keywords: criminal procedural legal relations, right to defense, accused, lawyer, subject, object, content.
Bibliographic list of articles
1. Kashepov V.P. Criminal procedure: Textbook for universities / Ed. ed. V. I. Radchenko // 2nd ed., revised. and additional – M.: “Legal House “Justitsinform”, 2006. – 784 p.
2. Savitsky V. M. Mikhail Solomonovich Strogovich (1894-1984) // Jurisprudence. – 1985. – No. 1. – P. 53.
CRIMINAL PROCEDURE
TOROVKOV Alexey Alexandrovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
CRIMINAL PROCEDURAL ASPECTS OF IDENTIFICATION BY USING VIDEO CONFERENCING SYSTEMS
This article is devoted to the analysis of the norms of Article 189.1 of the Criminal Procedure Code of the Russian Federation in relation to such an investigative action as presentation for identification. The author, generally positively assessing the possibility of using video conferencing during investigative actions at the stage of preliminary investigation, considers the criminal procedural aspects of identification that are not regulated at the legislative level and suggests, based on the analysis of legislation, the effective application of new norms in law enforcement practice.
Keywords: presentation for identification, video conferencing, written order, investigative action, identification in conditions that exclude visual observation of the recognizer by the identifiable.
Bibliographic list of articles
1. Aleksandrov A. S., Andreeva O. I., Zaitsev O. A. On the prospects for the development of Russian criminal proceedings in the conditions of digitalization // Bulletin of Tomsk State University. – 2019. – No. 448. – P. 199-208.
2. Andreeva O. I., Kachalova O. V. Russian criminal process in the era of coronavirus: challenges of the time // Bulletin of Tomsk State University. Series: Law. – 2020. – No. 36. – P. 5-15.
3. Bufetova M. Sh., Kobzar D. N. Application of video conferencing systems in criminal proceedings: the prospect of changing legislation // Lawyer practice. – 2021. – No. 1. – P. 14-18.
4. Gaas N. N. The use of video conferencing in criminal proceedings // Current problems of criminal procedure and criminology: Proceedings of the IX International Scientific and Practical Conference (Mogilev, April 30, 2021): Abstracts / Executive editor Yu P. Shkaplerov. – Mogilev: Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus, 2021. – P. 22-26.
5. Markovicheva E. V. Prospects for the development of electronic legal proceedings in the Russian Federation // Russian justice. – 2017. – No. 3. – P. 88-95.
6. Ovchinnikova O. V. Remote investigative actions: current state and prospects // Legal science and law enforcement practice. – 2019. – No. 1 (47). – pp. 108-116.
7. Pashutina O. S., Alymov D. V. Confrontation: problematic aspects of criminal procedure // Russian investigator. – 2020. – No. 6. – P. 13-16.
8. Ryzhakov A. P. Acceptable limits for the use of video conferencing systems at the stage of preliminary investigation. Commentary to the Federal Law of December 30, 2021 No. 501-FZ “On Amendments to the Criminal Procedure Code of the Russian Federation”th Federation” (Prepared for the ConsultantPlus system, 2023). Access from the reference and legal system “ConsultantPlus” (date of access: 01.11.2023).
9. Shcherba S.P., Arkhipova E.A. Legal basis for the use of video conferencing in criminal proceedings in Russia and prospects for their improvement // Criminal Law. – 2014. – No. 4. – P. 109-117.
CRIMINAL PROCEDURE
UDOVICHENKO Viktor Sergeevich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHELEPOV Kirill Alexandrovich
student of the 5th course of the Barnaul Law Institute of the MIA of Russia
PERMISSIBILITY OF CALLING FOR QUESTIONING VIA INSTANT MESSAGING SYSTEMS
This paper examines the problems of calling for questioning in criminal proceedings. The development of technical capabilities for delivering information for summons for interrogation is explored. The problem of the archaic nature of the method of calling for interrogation, enshrined in the current criminal procedural law, is raised. The authors propose to amend the domestic criminal procedure code in order to legally establish electronic messages as an alternative to the traditional summons for questioning.
Keywords: summons for questioning, electronic messages, preliminary investigation.
Bibliographic list of articles
1. Otarov A. A. Legal and applied problems of digitalization of interrogation in criminal proceedings // Legal culture in modern society: a collection of scientific articles, Mogilev, May 14-15, 2020. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus”, 2020. – P. 449-452.
2. Ryzhakov A.P. Summoning an individual for questioning at the stage of preliminary investigation. Commentary on Article 188 of the Code of Criminal Procedure of the Russian Federation // SPS ConsultantPlus. 2021.
CRIMINAL PRINCIPAL LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology, social work and probation sub-faculty of the Academy of the FPS of Russia
IVLIEV Pavel Valentinovich
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Institute of the Academy of the FPS of Russia
ON THE ISSUE OF PUTTING INTO EFFECT THE FEDERAL LAW “ON PROBATION IN THE RUSSIAN FEDERATION”
The study examines the problems of probation on the basis of the federal law “On Probation in the Russian Federation”. Analyzing the types of probation provided for by the legislation, the authors characterize the problems that are already being discussed by practitioners who will carry out it from January 1, 2024. The study characterizes the positive and negative aspects of each type of probation and provides directions for their reduction or complete elimination not only at the regulatory level, but also at the departmental level concerning the activities of all participating bodies and services.
Keywords: criminal, penal enforcement legislation, probation, convicts, resocialization, social adaptation, penitentiary system.
Bibliographic list of articles
1. Shmaeva T. A., Ananyeva E. O. On the status of penal inspections of the Federal Penitentiary Service of Russia as legal entities // Eurasian Legal Journal. – 2019. – No. 8 (135). – pp. 216-218.
2. Educational work with convicts. Ananyev O. G., Ananyeva E. O., Kirillova T. V., Korysheva S. E., Kuznetsov M. I., Luzgin S. A., Skopina I. E., Fedina A. M., Kholopova E. Yu – textbook. – Ryazan, 2021.
3. Innovation in social work: theoretical and practical aspects: Nagornova A. Yu., Antipova E. I., Ushakova R. I., Golubeva E. Yu., Melnikova A. A., Pryalukhina A. V., Akhmetov S. M., Ovchinnikov Yu. D., Bukreeva N. O., Salikhova A. A., Sudakova Yu. E., Bibikova N. V., Eremina L. I., Aleksandrova N. V., Kalyazina A. A. ., Donina I.A., Alekseeva O.V., Khachaturova K.R., Zadvornaya M.S., Shchuplenkov N.O. and other collective monograph. – Ulyanovsk, 2020. – 122 pp.
4. Ananyev O. G., Ananyeva E. O. Probation services – as a model of effective assistance to persons deprived of liberty in social restoration // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 270-272.
CRIMINAL PRINCIPAL 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”
FACTORS OFFORMATION OF SPIRITUAL AND MORAL VALUES OF JUVENILE CONVICTS
This article discusses the main factors that affect the possibility of forming the spiritual and moral values of juvenile convicts in correctional institutions. Some aspects of the educational function performed by the penal system are considered, as well as individual factors of the formation of spiritual and moral values on the part of convicts are described.
Keywords: juvenile convict, spiritual and moral values, correctional institution, educational colonies, correction, upbringing.
Bibliographic list of articles
1. Zorina N. S. Formation of spiritual and moral values of juvenile convicts // Penitentiary security: national traditions and foreign experience: Materials of the All-Russian scientific and practical conference with international participation, Samara, June 01–02, 2023. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2023. – P. 87-88.
2. “Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ (as amended on August 4, 2023) (as amended and supplemented, entered into force on October 12, 2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/bbb24e2ed98a01ab34d9ac0478e96e44968dc772/
3. “Criminal Executive Code of the Russian Federation” dated 01/08/1997 N 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 10/01/2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12940/dfd38a7bdf844a9189d098a2f4eaeae0eadabe52/
4. Vilkova A.V., Bykov A.V. Formation of spiritual and moral values of juvenile convicts in the educational space of an educational colony // Global scientific potential. – 2018. – No. 10. – pp. 12-13.
5. Nosilova L. M. Aspects of the formation of spiritual and moral values among juvenile convicts in educational activities // Technology and safety of objects of the penal system: collection of materials of the International Scientific and Practical Conference, Voronezh, October 03–04, 2013. – Voronezh: Publishing and Printing Center “Scientific Book”, 2013. – P. 569-570.
6. Vilkova A.V., Timofeeva E.A. Factors and conditions that complicate the formation of spiritual and moral values of female juvenile prisoners: (analytical review). – Moscow-Samara: Samara Law Institute of the Federal Penitentiary Service, 2018. – 24 p.
CRIMINAL PRINCIPAL 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
CHARACTERISTICS OF THE CHANNELS OF RECEIPT OF PROHIBITED ITEMS AND SUBSTANCES TO THE BODIES AND INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
To date, there is a tendency for the growth of illegal actions of convicts aimed at destabilizing the activities of institutions, countering the administration. Against the background of increased aggressiveness of convicts, preventive work has intensified to prevent the delivery of prohibited items to places of deprivation of liberty. The article discusses the specifics of the delivery of prohibited items and substances to the bodies and institutions of the penal enforcement system.
Keywords: carrying, transfer, transportation, forwarding, prohibited items in correctional institutions.
Bibliographic list of articles
1. The number of fines to lawyers for bringing things into a pre-trial detention center has increased sevenfold // Official website. [Electronic resource]. – Access mode: https://www.gazeta.ru/social/2022/02/12/14524933.shtml?updated (date of access: 09.15.2023).
2. News: Primorye // Official website. Main. [Electronic resource]. – Access mode: https://vestiprim.ru/news/ptrnews/57088-sotrudniki-ik-41-presekli-popytku-provoza-zapreschennyh-predmetov-na-rezhimnuyu-territoriyu.html (access date: 09.15.2023).
3. Yakut-Sakha information agency // Official website. [Electronic resource]. – Access mode: https://ysia.ru/muzhchina-pytalsya-perebrosit-zapreshhennye-predmety-na-territoriyu-ispravitelnoj-kolonii-v-yakutii/ (date of access: 09.15.2023).
4. Bryansk news // Official website. Home / Incidents. [Electronic resource]. – Access mode: https://newsbryansk.ru/fn_760227.html (date of access: 09/15/2023).
5. In the Tyumen IK they tried to transfer drugs using a quadrocopter // Official website. [Electronic resource]. – Access mode: https://ura.news/news/1052484013 (date of access: 09.15.2023).
JUDICIAL PROCEEDINGS
REDKINA Elena Nikolaevna
Ph.D. in Law, associate professor of Theory and history of law and state sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE QUESTION OF THE RELATIONSHIP BETWEEN THE CONCEPTS OF “ELECTRONIC GOVERNMENT”, “ELECTRONIC JUSTICE”, “ELECTRONIC COURT”
In this publication, the author analyzes the content of the concepts of “electronic government”, “electronic justice”, “electronic court”. Active informatization of judicial activity leads to the fact that there is a need for legislative consolidation of the listed definitions. E-government, e-justice and e-court are concepts related to the use of information and communication technologies in public administration and the judicial system. The author notes that these institutions are aimed at improving the efficiency, accessibility and transparency of public administration and the judicial system through the use of modern information technologies. At the end of the study, the author carries out the correlation of these concepts, establishes their relationship and interaction.
Keywords: information technologies, justice, electronic state, electronic government, electronic justice, electronic court.
Bibliographic list of articles
1. Zhdanova Yu. A. Legal nature of electronic justice and its place in the system of institutions of the information society // Administrative law and process. – 2015. – No. 4. – P. 83.
2. The “Justice-Online” service will be launched for public services. – [Electronic resource]. – Access mode: https://rg.ru/2023/03/20/posporim-na-gadzhetah.html (access date: 10/15/2023).
3. Fedoseeva N. N. Electronic justice in Russia: essence, problems, prospects // Court administrator. – 2018. – No. 3. – P. 77-78.
4. Chizhov M.V. Application of information and communication technologies in judicial activities in the conditions of formation of the information society: dissertation … candidate of legal sciences: 12.00.11 / Place of defense: Ros. acad. justice. – Moscow, 2013. – 179 p.
5. Sharaev S. Yu. Electronic justice: results and prospects // Perm Legal Almanac. – 2019. – No. 2. – P. 163-170.
CRIMINALISTICS
LYSOV Kirill Grigorjevich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BASISTOV Dmitriy Georgievich
Deputy Head of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
OBLAP Stepan Igorevich
senior lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES COMMITTED AGAINST THE FOUNDATIONS OF THE CONSTITUTIONAL ORDER AND THE SECURITY OF THE STATE ON THE GROUNDS OF NATIONAL OR RELIGIOUS HATRED, WITH THE AIM OF INVOLVING EXTREMIST ORGANIZATIONS IN THE ACTIVITIES
In the article presented, on the basis of scientific research literature, individual illegal acts committed under the influence of the motive of national and (or) religious hostility against the foundations of the constitutional system and the security of the state, within the framework of the activities of extremist organizations, are considered. The article is prepared on the basis of general scientific methods: analysis and synthesis of information, induction, which allows us to consider particular facts and come to a common logical conclusion. The issues the concerning motivation of the personnel of criminal formations were under investigation, which are of particular interest due to the presence of a combination of factors that affect the personality of the participants of criminal formations, as well as the personal qualities of the criminal propagandizing extremist views.
Keywords: motive of national and (or) religious hatred, terrorist organization, extremist organization.
Bibliographic list of articles
1. Case No. 1-117/2015 // Archives of the Zavodsky District Court of Grozny for 2015
2. Decision of the Supreme Court of the Russian Federation of December 29, 2014 No. AKPI14-1424S. Access from the reference legal system “GARANT”.
3. Merkuryev V.V. Overcoming ideological invasion in the context of countering extremism and terrorism // Bulletin of the Altai Academy of Economics and Law. – 2015. – No. 1 (39). – pp. 109-112.
4. Sentence No. 2-8/2014 2-86/2013 dated December 12, 2014 in case No. 2-8/2014 of the Supreme Court of the Republic of Bashkortostan // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/7JocIQb2D9C/?ysclid=lhav92av49289292444 (date of access: 05/04/2023).
5. Kuznetsov K.V. Criminological characteristics and prevention of organized ethnic crime: dissertation … candidate of legal sciences: 12.00.08; [Place of defense: University of the Prosecutor’s Office of the Russian Federation]. – Moscow, 2018. – 279 pp.
6. Case No. 2-18/2014. // Archive of the Supreme Court of the Karachay-Cherkess Republic for 2015
7. Case No. 000047-01/2010 // Archives of the Chelyabinsk Regional Court for 2010
8. Kunz E.V. The role of the state and the church in the prevention of interethnic and religious conflicts // Bulletin of the Chelyabinsk State University. – 2011. – No. 4. – P. 68-70
9. Decision of the Supreme Court of the Russian Federation dated September 20, 2016 in case No. AKPI 16-915S. Access from the reference legal system “GARANT”.
CRIMINALISTICS
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
SOME FEATURES OF THE SURVEY CONDITIONS AS ONE OF THE IMPORTANT OPERATIONAL INVESTIGATIVE MEASURES IN OPERATIONAL INVESTIGATIVE ACTIVITIES
The survey is one of the simplest and most effective operational investigative measures in tactical and documentary terms, therefore, no criminal proceedings can do without this operational investigative measure. In its form, it almost does not differ from the procedural action – obtaining explanations. But the survey has certain conditions, nuances, as well as distinctive features from such events as questioning, obtaining explanations that should be identified and clarified. This is the relevance of this article.
Keywords: interview, interrogation, obtaining explanations, operational search measures, operational and investigative activities, immunity, conditions of the survey, deputy, senator, judge.
Bibliographic list of articles
1. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
2. Federal Law “On Operational Investigative Activities” dated August 12, 1995 No. 144-FZ (latest edition). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
3. Law of the Russian Federation “On the status of judges in the Russian Federation” dated June 26, 1992 No. 3132-1 (latest edition). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
4. Federal Law “On the status of a senator of the Russian Federation and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” dated 05/08/1994 No. 3-FZ (latest edition). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
5. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on August 4, 2023) (with amendments and additions coming into force from October 12, 2023). [Electronic resource]. Access from the legal reference system “ConsultantPlus” (date of access: 10/06/2023).
6. Trifonova N. A. About some problems of conducting a survey in operational investigative activities // Siberian Legal Bulletin. 2006. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-problemah-provedeniya-oprosa-v-operativno-rozysknoy-deyatelnosti (date of access: 10/07/2023).
7. Abidov A. S. Survey as an operational investigative measure and the use of its results: specialty 12.00.09 “Criminal trial. Forensic science and forensic examination; operational-search activity”: abstract of a dissertation for the degree of candidate of legal sciences; Vladimir Law Institute of the Federal Penitentiary Service. Vladimir, 2006. 24 p. – Bibliography: pp. 13-20.
8. Lear M. Yu. Survey in operational search and investigative activities (genesis, problems of theory and practice): specialty 12.00.09 “Criminal process. Forensic science and forensic examination; operational-search activity”: abstract of a dissertation for the degree of candidate of legal sciences; Petersburg Law Institute. St. Petersburg, 2004. 28 p. – Bibliography: p. 17-25.
9. Bilyaev V. A., Klimovsky A. S., Yuzvak S. A. On the need for legislative reinforcement of provisions on the results of operational investigative activities as evidence in criminal cases // Eurasian Legal Journal. 2022. No. 8 (171). pp. 268-271.
CRIMINOLOGY
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue of the Academy of EMERCOM of Russia, Zheleznogorsk
VETLOVA Yana Vyacheslavovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue of the Academy of EMERCOM of Russia, Zheleznogorsk
CRIMINOLOGICAL STUDY OF THE RECIDIVIST’S PERSONALITY
The article reveals the concept of “recidivist personality”. The authors draw attention to the importance of understanding the mechanisms of criminal behavior of a recidivist. The authors have highlighted the key characteristics of the personality of repeat offenders, for its study and identification of factors contributing to relapse. In addition, the methods of studying the personality of a repeat offender are indicated. As well as measures that contribute to reducing, as well as preventing the recurrence of the crime.
Keywords: criminal, recidivist, personality, criminological research, prevention of repetition of crime.
Bibliographic list of articles
1. Bulaev M.I. Determinants of recidivism // Russian investigator. – 2007. – No. 13. – P. 15.
2. Zelinsky A.F. Recidivism of crimes (structure, connections, forecasting). – Kharkov, 1980. – 270 pp.
3. Criminology / Under. ed. prof. V. K. Zvirbul. – M.: Legal literature, 2005. – 305 p.
4. Criminology: Textbook for universities / Ed. ed. A. I. Dolgovoy. – M.: Pravo, 2001. – 848 p.
5. Criminology: Textbook / Ed. prof. V. D. Malkova. – M.: Justitsinform, 2004. – 410 p.
6. Popov V.I. Recidivism and organized crime. – M.: Yurist, 1998. – 175 p.
7. Shoshin S.V. Measures to reduce recidivism in Russia // Citizen and Law. – 2007. – No. 7. – P. 21.
CRIMINOLOGY
MAGOMEDOV Huseyn Bagavdinovich
Ph.D. in Law, associate professor, Director of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
ABDULOVA Zarema Huseynova
magister student of the 2nd course of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), branch in Makhachkala
THE MAIN DIRECTIONS FOR COUNTERING FEMALE RECIDIVISM
Female recidivism is a dangerous negative social phenomenon. The repeated commission of a crime by a woman indicates her persistent antisocial attitude. Analysis of the main causes of this type of crime, in our opinion, makes it possible to divide them into three main factors: socio-economic and cultural factors, psychological and psychiatric aspects, lack of rehabilitation programs and social support. The lack of effective rehabilitation programs and the lack of social support for women culminates in crimes can cause repeated offenses. The analysis of measures for the prevention of female relapse used in foreign countries suggests that our state should adopt their positive experience.
Keywords: Female recidivism, crime, causes, prevention, foreign experience.
Bibliographic list of articles
1. Data from the Judicial Department of the Supreme Court of the Russian Federation for the 1st half of 2022. [Electronic resource]. – Access mode: http://cdep.ru/
2. Artemyev N. S. Causes and conditions of recidivism and the main measures for its prevention // Criminal-executive law. 2006. No. 2 (2). pp. 6-9.
3. Morozov A. Yu. Recidivism and recidivism of women: abstract. dis. …cand. legal Sci. – Stavropol: SSU, 2000. – 30 p.
4. Zotov E. P., Mayorov A. V. Current problems in the fight against recidivism: a course of lectures. – M.: TsOKR Ministry of Internal Affairs of Russia, 2010. – 120 p.
5. Bolotin V. S. Recidivism: assessment parameters, main indicators and problems of legal regulation of activities to prevent it // Central Russian Bulletin of Social Sciences. – 2008. – No. 4 (9). – pp. 78-88.
6. Varlamova O.F. Prevention of recidivism in Japan // International criminal law and international justice, 2021. – No. 1. – P. 32
7. Rehabilitation. Correctional programs in the United States. [Electronic resource]. – Access mode: https://law.jrank.org/pages/1935/Rehabilitation-Correctional-programs-in-unitedstates.html (access date: 09/15/2023).
CRIMINOLOGY
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch inIzberbash
AYUBOVA Shuayanat Israpilovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
MUSAKAEVA Zarema Zalimkhanovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
CRIMINOLOGICAL ANALYSIS OF THE MURDER OF A NEWBORN BABY BY A MOTHER
The article presents the results of a criminological study of the personality of women sad of murdering their newborn child; the main motives of criminal behavior are revealed. Statistical data on crime in general, on female crime and infanticide in Russia are analyzed. The portrait of the mother of the murderer of a newborn child with her biological, social and psychological characteristics is given. Typical situations in which the mother of a newborn child can commit his murder are described.
Keywords: mother’s murder of a newborn child; motives for killing newborns; reasons for killing newborns and favorable conditions for them; maternal instinct; unconscious in the psyche.
Bibliographic list of articles
1. Antonyan Yu. M., Goncharova M. V., Kurguzkina E. B. Murder by a mother of a newborn child: criminal legal and criminological problems // Lex russica. 2018. No. 3. P. 94-114.
2. Moskvitina M. M. Criminological characteristics of pregnant women sentenced to imprisonment // Criminal enforcement system: law, economics, management. 2021. No. 4. pp. 18-22.
CRIMINOLOGY
PICHUGIN Sergey Andreevich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of FPS of Russia
SOCIO-DEMOGRAPHIC AND CRIMINAL-LEGAL CHARACTERISTICS OF THOSE CONVICTED OF ORGANIZING THE ACTIVITIES OF AN EXTREMIST ORGANIZATION (ARTICLE 282.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
The article is devoted to the consideration of significant socio-demographic and criminal-legal characteristics of those criticism of organizing the activities of an extremist organization, provided for in Article 282.2 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The author presents and analyzes the quantitative characteristics of convicts under Article 282.2 of the Criminal Code of the Russian Federation for the last five years (2018-2022) on the basis of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation. A brief socio-demographic and criminal-legal characteristics of the category of convicts under consideration are given. In the final part, conclusions are drawn on the topic of the study.
Keywords: convicts, extremism, extremist organization, organization of the activities of an extremist organization, participation in the activities of an extremist organization, punishment, criminal law, socio-demographic characteristics, criminal-legal characteristics.
Bibliographic list of articles
1. Goryunov D.E. Criminological features of the personality of a convicted person involved in the spread of extremism in a correctional facility // Bulletin of the Samara Legal Institute. – 2021. – No. 1 (42). – pp. 125-130. – DOI 10.37523/SUI.2021.42.1.019.
2. Kazberov P. N., Novikov V. V. Socio-psychological portrait of persons convicted of extremist and terrorist activities // Gazette of the penal system. – 2015. – No. 4 (155). – pp. 6-9.
3. Kazberov P. N., Bovin B. G. General characteristics of persons convicted of extremist and terrorist crimes // Psychology and Law. – 2019 (9). – No. 1. – P. 36-53.
4. Kazberov P. N., Spasennikov B. A., Tyunkov V. V. Personality features of those convicted of crimes of a terrorist and extremist nature / DOI: 10.17150/2500-4255.2019.13(6).921-931 // All-Russian Journal of Criminology . – 2019. – T. 13. No. 6. – P. 921-931.
5. Kulakova S.V. Main typological characteristics of women convicted of terrorist and extremist activities // Gaps in Russian legislation. – 2018. – No. 6. – P. 214-215.
6. Novikov A.V., Nilova L.A., Kulakova S.V. Psychological characteristics of those convicted of extremist activity as an object of penitentiary research // Psychology. Historical-critical reviews and modern research. – 2017. – T. 6. – No. 4A. – pp. 107-117.
CRIMINOLOGY
CHERNOYAROVA Irina Mikhaylovna
adjunct of the Faculty of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
CRIME PREVENTION OF CONVICTED WOMEN HELD IN PLACESOF ISOLATION, ITS TYPES AND LEVELS
The article deals with the problem of crime prevention both in general and within a separate category, namely shocking women. The organization of crime prevention is one of the fundamental problems both in world society and at the level of a single State. Also, a more specific classification of levels and types of crime prevention is reflected, foreign experience is analyzed, and measures are proposed to prevent the crime of controversial women within the framework of vertical differentiation of crime prevention levels. It is important for the personality of a complimentary woman to have properly instilled value orientations, since they are the main incentive for lawful behavior, and also play an important role in achieving the goals set by the individual.
Keywords: prevention of female crime, convicts, types of crime prevention, levels of crime prevention.
Bibliographic list of articles
1. Cherkashin A.V. Basic instruments of legal influence on public relations in order to prevent and solve violent crimes of a sexual nature against minors // Modern law. – 2016. – No. 6. – P. 90-95.
2. Kuzmina N.V. Criminology and crime prevention: textbook. – M.: INFRA-M, 2024. – 222 p.
3. Gladyr Yu. F. Crime prevention system: history of development and current state: Dis. …cand. legal Sci. – St. Petersburg, 2005.
4. Antonyan Yu. M. General concept of crime prevention // Man: crime and punishment. – 2013. – No. 3 (82). – P. 194.
5. Vetrov N.I. Criminological characteristics of youth offenses. – M., 1981. – P. 9.
6. Gerasimov S.I. Crime prevention: experience, problems (ways and means of resolution) // Prosecutor’s and investigative practice. – M., 2001. – No. 3-4. – pp. 44-62.
7. Abadzhyan A.V. Problems of penitentiary crime / Under. ed. prof. Yu. M. Antonyan. – M.: All-Russian Research Institute of the Ministry of Internal Affairs of Russia, 2001. – 100 p.
8. Nadymova A. A. Concept, types and levels of crime prevention // Domestic jurisprudence. – 2020. – No. 4 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-vidy-i-urovni-preduprezhdeniya-prestupnosti (date of access: 10/07/2023).
9. Kravchenko E. V. Crime prevention: regional program. — Text: direct // Law: modern trends: materials of the II International. scientific conf. (Ufa, April 2014). – T. 0. – Ufa: Summer, 2014. – P. 124-126. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/114/5481/ (access date: 10/09/2023).
10. Molchanova T. Yu. Prevention of recidivism: US experience // Current issues in the fight against crime. – 2023. – No. 1. – P. 51-53.
11. Nosova L. A., Pavlova T. A. Concept, essence and content of value orientations of the individual // Colloquium-Journal. – 2019. – No. 9-6 (33). – P. 159.
CRIMINOLOGY
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
MUSAKAEVA Zarema Zalimkhanovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
ABDULLAEVA Umukusum Akhmedkhanovna
Ph.D. in political sciences, associate professor of the Dagestan State Pedagogical University
THE PROBLEMS OF THE VICTIMOLOGICAL ASPECT OF FEMALE CRIME IN PLACES OF DETENTION
The article discusses some aspects of female criminality as a subject of victimological research. The article analyzes how a woman becomes a victim of a crime in places of deprivation of liberty. The article presents the results of a study of the criminal subculture of outstanding women. The environment of convicts negatively affects the personality, increasing the degree of its desocialization, criminalization.
Keywords: victimology, distressing women, imprisonment, correctional colonies, law enforcement agencies, criminal subculture.
Bibliographic list of articles
1. Gadzhieva A. A. Victimological aspects of female crime: statement of the problem // NovaInfo. Legal sciences. 2019. No. 104. pp. 46-48.
SAFETY AND LAW
OVCHINSKIY Anatoliy Semenovich
Ph.D. in technical sciences, professor, Academician of the Russian Academy of Natural Sciences, professor of Information security sub-faculty of the Educational and Scientific Complex of Information Technologies of the V. Ya. Kikot Moscow University of the MIA of Russia
BORZUNOV Konstantin Konstantinovich
Ph.D. in technicalal sciences, senior researcher, associate professor of Information security sub-faculty of the Educational and Scientific Complex of Information Technologies of the V. Ya. Kikot Moscow University of the MIA of Russia
ZHURAVLENKO Nikolay Ivanovich
Ph.D. in Law, associate professor, associate professor of Mathematical modeling and information security sub-faculty of the Neftekamsk branch of the Ufa University of Science and Technology
EREMEEV Denis Viktorovich
Ph.D. in Law, associate professor, associate professor of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
DESTRUCTIVE IDEOLOGIES AS A THREAT SECURITY IN THE WORLD OF DIGITAL COMMUNICATIONS
The article discusses current problems of combating ideologies that have a destructive impact on human consciousness, creating threats to the information security of the individual, society and the state. Particular attention is paid to the study of ideologies of religious, national-ethnic and political extremism, considered in the system of information coordinates.
Keywords: destructive ideologies, information security, mental-cognitive war, mental war, extremist ideologies, information coordinate system.
Bibliographic list of articles
1. Ovchinsky A. S., Borzunov K. K., Chebotareva S. O. Information coordinates. Control. Confrontation. Safety. – M.: Hotline – Telecom, 2018. – 270 p.
2. Yakovets E. N., Ovchinsky A. S., Zhuravlenko N. I. Analytical work in operational investigative activities: monograph. In 2 volumes. T. II. – Ufa: RIC BashSU, 2023. – 248 p.
3. Ilnitsky A. S. Criminal ideology on the Internet: theoretical and socio-legal prerequisites for criminological knowledge // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (50). – pp. 49-53.
4. Gorokhova V.V. Religious studies: textbook. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2022. – 140 p.
SPORTS LAW
ASADULLIN Murad Rinatovich
Ph.D. in Law, associate professor of Political sciences sub-faculty of the Ufa University of Science and Technology
ON THE ISSUE OF SELF-ORGANIZATION OF SPORTS
The article is devoted to the problem of self-organization of professional sports movement. Attention is drawn to the fact that the Olympic Charter, as a set of key provisions on sports, without affecting the right of sovereign States to implement their own policies in sports, has a universal and universal character, and to which one can voluntarily join. At the same time, without such rules, it is not possible for sport to exist as a uniformly understood and interpreted behavior.The author, having analyzed the essence of the concept of “self-organization”, correlating it with similar categories (“self -regulation” and “self-government”), comes to the conclusion that the content of the concept of the term under study is broader than the concepts of “self-regulation” and “self-government”, and today it would be logical for the organization of a sports movement to initially form some kind of “viable” the design of the organization, determine its structure, organs, goals, and only then “regulate” its work.
Keywords: sport, Olympic Charter, sports movement, self-organization, self-regulation.
Bibliographic list of articles
1. Ainabek K. S. Socio-economic nature and content of self-organization of public management. [Electronic resource]. – Access mode: www.group-global.org/publication/view/6878 (date of access: 10/12/2023).
2. Belyaeva A. A. The nature of social self-organization // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – pp. 12-15.
3. Vaskevich V. P. Some issues of law enforcement in disputes related to the professional activities of an athlete // Bulletin of civil process. – 2022. – No. 3. – P. 190-215.
4. Goz S. M. Self-organization of an enterprise in modern conditions: abstract of thesis. …cand. economy Sci. – Voronezh, 2004. – 23 p.
5. Civil law: Textbook: In 3 volumes / E. N. Abramova, N. N. Averchenko, Yu. V. Baigusheva [etc.] / ed. A. P. Sergeeva. – M.: RG-Press, 2010. – T. 1. – 880 pp.
6. Egorova M. A. The place of self-regulation in the system of social norms // Competition law. – 2013. – No. 2. – P. 21-22.
7. Zasemkova O. F. Superimperative norms: theory and practice. – M.: Infotropik Media, 2018. – P. 4-6.
8. Kadantsev V. N. Stability and evolution of dynamic systems. Fundamentals of synergetics: Textbook. allowance. Part 1. – Saratov: University Education, 2019. – 205 p.
9. Kostyuchenko N. I. Uncertainty in the relationship between the concepts “Organization” and “Management”“relation” as a cause of problems in management theory and practice // Society and Law. – 2017. – No. 2 (60). – pp. 260-264.
10. Lerner B. E. Civil contracts as a means of self-organization of passenger transportation in automobile transport: dis. …cand. legal Sci. – M., 2012. – 220 pp.
11. Malinovsky A. A. Code of Professional Ethics: Concept and Legal Importance // Journal of Russian Law. – 2008. – No. 4. – P. 39-44.
12. Meyer K., Davis S. Living organization: a company as a living organism: the coming convergence of computer science, nanotechnology, biology and business / Christopher Meyer, Stan Davis; [transl. from English: A. Stativka]. – Moscow: Good Book, 2007. – 366 pp.
13. Petrov D. A. Legal status of a self-regulatory organization in the field of entrepreneurship: abstract of thesis. … doc. legal Sci. – St. Petersburg, 2016. – 58 p.
14. Pierre de Coubertin presented to the delegates of the Paris Constituent Congress (1894) his manuscript entitled “Regulations” (Stupp N. TheEvolutionoftheLegalStatusoftheInternationalOlympicCommitteeintheXXthCentury.The Report of the XXVIllth session of the International Olympic Academy. 29th June – 14th July. 1988. – Ancient Olympia – P. 153).
15. Romanov V. L. Social self-organization and public administration: abstract of thesis. … Doctor of Sociological Sciences: 22.00.08 / Ros. acad. state services under the President of the Russian Federation. – Moscow, 2001. – P. 13.
16. Rubtsova N.V. Self-regulation of entrepreneurial activity: a view from the position of a synergetic approach // Legal science. – 2016. – No. 4. – P. 80-85.
17. Salieva R. N. Institute of self-regulation as a legal means of stimulating the development of self-organization in the field of entrepreneurship in the fuel and energy complex of modern Russia // Competition law. – 2019. – No. 4. – pp. 16-21.
18. Semenikhin M. A. Co-regulation of economic activity: development prospects // Dynamics of legal establishment and legal implementation in the sphere of public legal relations: collection of scientific articles / National Center for Legislation and Legal Research of the Republic of Belarus in the Center for Legal Research. – 2022. – Issue. 4. – pp. 40-54.
19. Smirnov V. E. Citizenship and civil society. Self-organization and social order. Monograph. Publishing house Belarusian Science. – 2013. – 560 pp.
20. Sorokin V.V. The phenomenon of self-organization of the legal system // Modern law. – 2005. – No. 7. – P. 45-51.
21. Sokhin Yu. G. Olympic Charter as the legal basis for the functioning of the IOC // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2003. – No. 2. – P. 90-95.
22. Stepin V. S. Theoretical knowledge: Structure, history. evolution. – Moscow: Progress-Tradition, 2003 (Lyubertsy (Moscow region): PIC VINITI). – 743 pp.
23. Sungatullina L. A. Functions of self-regulatory organizations // Uchen.zap. Kazan University Ser.: Humanite. Sciences. – 2014. – No. 4. – P. 118.
24. Tikhomirov Yu. A. Management of the affairs of society. – M.: Legal. lit., 1994. – pp. 193-213.
25. Tsvetkov I.V. Contractual discipline in entrepreneurial activity: dis. … doc. legal Sci. – M., 2006. – 336 pp.
26. Chuikov S. A. Civil society as a factor of self-organization of the social system // Bulletin of Kostroma State University. – 2007. – No. 3. – P. 262-266.
27. Chernikov A. E. Constitutional and legal regulation of notaries in modern Russia: abstract. dis… cand. legal Sci. – Belgorod, 2008. – 23 p.
28. Shundikov K.V. Management and self-organization in legal regulation: monograph. – M: Yurlitinform, 2019. – 406 pp.
29. Olympic Charter. IOC, 2001. – Fundamental Principles. Para. – 8. – P. 11.
30. Nafziger J. International Sports Law. Transnational Publishers, USA, 1988. – P. 34.
STATE AND LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
RAK Evgeniya Alexeevna
Ph.D. in sociological sciences, associate professor of State and municipal administration sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
RAK Vadim Evgenjevich
Consultant of the Department of Analytical and Licensing Work of the Ministry of Energy and Housing and Communal Services of the Nizhny Novgorod region
IMPROVEMENT OF METHODS FOR ASSESSING THE PERSONNEL OF PUBLIC AUTHORITIES AND LOCAL SELF-GOVERNMENT
The article examines the methods used in Russia to assess the personnel of public authorities and local self-government, including the legislatively approved method of “certification” of state civil and municipal employees, the methodology recommended by the Ministry of Labor of Russia for a comprehensive assessment of the professional performance of a state civil servant, analyzes the shortcomings of these methods. The authors of the article propose to introduce the Assessment -assessment method and the BARS method into the system of state civil and municipal service.
Keywords: public authorities and local self-government, methods of personnel assessment, Assessment assessment, BARS method.
Bibliographic list of articles
1. Andryukhina I. Yu. Methods for assessing the professional performance of government civil servants. In the collection: Modern state and municipal management: in search of resources and technologies for social development. Collection of scientific papers of the All-Russian Scientific and Practical Conference. Dzerzhinsk, 2021. pp. 16-19.
2. Borshchevsky G. A. Reforming the public service in Russia: results and prospects. Issues of state and municipal administration. 2014. No. 2. P. 66.
3. Andryukhina I. Yu., Karama L. L. Modern approaches to assessing the effectiveness of official activities of state civil and municipal employees. Eurasian legal journal. 2022. No. 2 (165) P.98-99.
4. Goncharova E. A., Rukin K. N. Using the Assessment Center methodology in assessing civil servants of the Lipetsk region. Public service. Control technologies. 2021. Volume 23. No. 3. P. 25.
5. Spivak V. A. Personnel management for managers: a textbook. [Electronic resource]. – Access mode: https://marketing.wikireading.ru/41984
STATE AND LAW
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
SMIRNOVA Irina Anatoljevna
senior lecturer of Physical education sub-faculty of the Tyumen Industrial University
THE RIGHT TO REALIZE THE LIFE ASPIRATIONS OF YOUTH
The article discusses the results of an online survey conducted to assess the implementation of the life attitudes of young people living in rural settlements in the south of the Tyumen region in August 2023. To assess the life attitudes of rural youth, indicators were developed that were tested during the online survey: the proportion of youth who wants to connect her life with her small homeland, is involved in the activities of regional public organizations, ready to work and improve the quality of life in the countryside, develop their own settlement on social networks, maintains and leads a healthy lifestyle, etc.
Keywords: rural youth, life attitudes, small homeland, public organizations, social networks.
Bibliographic list of articles
1. Sadykova Kh. N. Youth and society // Sociological studies. – 2020. – No. 12. – P. 156.
2. Khairullina N. G., Sadykova Kh. N. Youth entrepreneurship: assessments of Tyumen students // In the collection: Methodology for preventing threats in the 21st century. Collection of scientific papers. – Irkutsk, 2022. – pp. 251-255.
3. Khairullina N. G. Sustainable socio-political development of the Tyumen region: dynamics of indicators // Eurasian Legal Journal. – 2015. – No. 4 (83). – pp. 194-196.
4. Khairullina N. G. Russian civil society: regional aspect // Eurasian Legal Journal. – 2020. – No. 4 (143). – pp. 375-376.
PEDAGOGY AND LAW
OZERSKIY Sergey Vladimirovich
Ph.D. in physical and mathematical sciences, associate professor, associate professor of Management and information technology support for the activities of the penal enforcement system sub-faculty of the Samara Law Institute of the FPS of Russia
ON THE NEED TO FORM THE DIGITAL COMPETENCE OF LEGAL TEACHERS IN MODERN CONDITIONS
The paper discusses issues related to the formation of the digital competence of legal teachers in modern conditions. The relevance of this topic is explained by the rapid penetration of digital technologies into various spheres of human activity, including the legal field. In the course of the study, it was established which skills of legal teachers relate to digital competencies and their impact on the quality of modern legal education.
Keywords: legal education, digitalization, information technology, digital competencies.
Bibliographic list of articles
1. Naidis I. O. Digital competence as a basic factor in successful professional activity // Modern Science. – 2019. – No. 11-4. – pp. 126-131.
2. Kubrushko P. F., Shingareva M. V., Atapina Yu. A. Formation of digital competenceaspects of a college teacher in the process of continuing education // RMAT Bulletin. – 2021. – No. 2. – P. 78-84.
3. Ershova I.V., Enkova E.E. “Digital” competencies of lawyers: concept, practice, problems of formation // Current problems of Russian law. – 2020. – T. 15. No. 6 (115). – pp. 225-236.
4. Markova N. G., Garieva D. R. Improving the digital competence of teachers in the conditions of advanced training // Bulletin of the Naberezhnye Chelny State Pedagogical University. – 2023. – No. 2 (45). – Special issue. Part II. – pp. 29-32.
5. Mikheeva T. B. “Competence” and “competence”: on the issue of using concepts in modern Russian education // Scientific notes of the Trans-Baikal State Humanitarian Pedagogical University named after N. G. Chernyshevsky. – 2011. – No. 5 (40). – pp. 110-114.
6. Corporate training for the digital world / Ed. V. S. Katkalo, D. L. Volkova. – 2nd ed. – M.: Sberbank Corporate University, 2018. – 236 p.
PEDAGOGY AND LAW
TIMASHENKOVA Vera Petrovna
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the Ministry of Internal Affairs of Russia
PEDAGOGICAL SUPPORT OF PATRIOTISM OF CADETS OF EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the concept of patriotism as a fundamental aspiration of all students in the educational centers of the Ministry of Internal Affairs and those already working in these institutions. The importance of the Ministry of Internal Affairs, namely as the main body protecting the citizens of their own country, their interests and freedoms, is indicated, that students in educational institutions of the Ministry of Internal Affairs will soon become real employees of the services. The author also proves that in order to fulfill their duties in the future, cadets already need to instill patriotism and love for their own homeland.
Keywords: pedagogical support, patriotism, cadets, educational institutions, Ministry of Internal Affairs.
Bibliographic list of articles
1. Arakelyan G.L., Bichan N.V., Starkov M.A. Features of the formation of the patriotic position of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 4. – P. 134-138.
2. Arakelyan G. L., Slobodchikova T. S., Orekhova I. L. The essence and features of pedagogical support for the formation of the patriotic position of cadets of the Ministry of Internal Affairs of Russia // Bulletin of the South Ural State Humanitarian Pedagogical University. – 2019. – No. 6. – P. 21-43.
3. Varlamov S. A. Formation of professional and environmental competence of cadets of universities of the Ministry of Internal Affairs of Russia in the process of psychological and pedagogical support of extracurricular activities // Notes of a scientist. – 2020. – No. 12. – P. 155.
4. Glushchenko O.P., Kipreev S.N. Formation of patriotism among students of educational organizations of the Ministry of Internal Affairs of Russia by commanders of cadet units // Police activity. – 2023. – No. 1. – P. 62-70.
5. Zhigalova E. A., Komleva K. N. Features of spiritual and moral development and personality education of cadets of universities of the Ministry of Internal Affairs through the formation of social competence // Modern Science. – 2021. – No. 5-1. – pp. 286-298.
6. Kipreev S.N. Formation of patriotism among cadets of educational organizations of the Ministry of Internal Affairs of Russia in the process of everyday activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (94). – pp. 191-198.
7. Leonov A.V. Patriotic education of students in the Volgodonsk branch of the Russian Youth Institute of the Ministry of Internal Affairs of Russia // Education. The science. Scientific personnel. – 2021. – No. 1. – P. 188-190.
8. Nikitskaya E. A., Evseeva I. G. Innovative experience in the implementation of social education in the context of professional socialization of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of Economic Security. – 2023. – No. 2. – P. 260-266.
9. Pichkurov A. A. Professional education of cadets of military universities // News of Saratov University. New episode. Series Acmeology of education. Developmental psychology. – 2021. – T. 10. – No. 4 (40). – pp. 352-359.
10. Triputin S. N. et al. Psychological and pedagogical support for the formation of emotional stability, the physical component of professional competence of students, cadets of universities of power structures // Physical culture and sport in professional education. – 2020. – pp. 256-260.
PEDAGOGY AND LAW
TUTOVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
LEARNING AS ONE OF THE WAYS TO COUNTERACT THE SOCIAL ENGINEERING
The article describes the concept of social engineering. It highlights the methods of social engineering and the features of counteraction by the method of social engineering. In addition, it is proposed as one of the ways to counteract social engineering to consider the specifics of committing such crimes with students.
Keywords: crime in the field of information and communication technologies, the social engineering, learning of employees of the internal affairs bodies.
Bibliographic list of articles
1. Tutova O. V. Features of trace formation when committing crimes in the field of information and communication technologies. Eurasian legal journal. 2022. No. 10 (173). pp. 441-443.
2. Butkevich S. A. Personal security in cyberspace (counter-extremist concept) // Philosophy of Law. 2020. No. 4 (95). pp. 24-30.
3. Kashkarov A. A. Criminalization of the creation, placement, maintenance and use of an imitation information resource in information and telecommunication networks, including the Internet // Ensuring public security and combating crime: tasks, problems and prospects. [Electronic resource]: materials of Vseros. scientific-practical conf. (May 20, 2022) / General. ed. S. A. Butkevich. – Electron. Dan. Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. pp. 129-130.
4. Okunev B.V., Ryndina A.S., Stavtsev N.O. The threat of social engineering methods to the information security of an organization // Energy, computer science, innovation – 2019: collection of proceedings of the IX International Scientific and Technical Conference. Smolensk, October 17-18, 2019. 2019. Volume 2. pp. 174-177.
5. Laminina O. G. Possibilities of social engineering in information technologies // Humanitarian, socio-economic and social sciences. 2017. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozmozhnosti-sotsialnoy-inzhenerii-v-informatsionnyh-tehnologiyah.
PEDAGOGY 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 REDUCING MEDIA RISKS IN THE SYSTEM OF HIGHER PROFESSIONAL EDUCATION OF THE PENITENTIARY SYSTEM OF RUSSIAN FEDERATION
The paper addresses the issues of the changing role of the media sphere in modern departmental professional education. Such trends of higher professional education as the growing influence of mass media on cadets and the risks associated with the active use of mass media (mass media) are noted. Despite the possible psychological and communicative negative consequences of active interaction with the sphere of media consumption, the inevitable influence of media on modern life is noted. Considering the mass media as a means of self-education, self-development and features of modern network behavior, the author comes to the conclusion that there is an objective need for interaction between online and offline education. The work is aimed at determining the influence of the media on the life of a modern student of a departmental university, considering possible risks and analyzing user behavior in the process of online learning.
Keywords: digital culture, digital literacy, educational process, distance learning, media risks, mass media, penal enforcement system of the Russian Federation.
Bibliographic list of articles
1. Aseeva I. A. Media risks and transformation of culture // Bulletin of the Moscow State Linguistic University. Humanitarian sciences. – 2023. – No. 2 (870). – pp. 149-157.
2. Tsarkova E. G. On the issue of using massive open online courses in the professional training of employees of the penal system // Anthropogogy. – 2022. – No. 1 (5). – P. 41-50.
3. Kirillova N. B. Manuel Castells: strategy of Internet culture of the information era // Modern science: current problems of theory and practice. Series: Cognition. – 2021. – No. 12. – P. 15-19.
4. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Penal Codes of the Russian Federation: problems and development prospects: Collection of materials from the round table within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – P.45-47.
5. 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 // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 430-431.
6. Petrova S. A. Media risks and fake information from the perspective of interaction between the media and authorities // Scientific works of the North-West Institute of Management RANEPA. – 2023. – T. 14. No. 5 (62). – P. 72-75.
7. Tsarkova E. G., Kochkina O. V. Aspect of the application of the ontological approach in teaching artificial intelligence in the implementation of professional education of employees of the penal system of the Russian Federation // Bulletin of the penal system. – 2022. – No. 12 (247). – P. 73-80.
8. Pishchova A. V., Davydovsky A. G. Risks of media socialization in ensuring media safety of students // Education as a factor in the development of the intellectual and moral potential of the individual and modern society: Proceedings of the VII International Scientific Conference, St. Petersburg, November 09-10, 2017 . – St. Petersburg: Leningrad State University named after. A. S. Pushkina, 2017. – P. 26-32.
9. Shaukhalova R. A., Yarychev N. U. Digital culture of undergraduate students as a competitive advantage of a modern specialist // World of science, culture, education. – 2019. – No. 5. – P. 348-350.
10. Tsarkova E. G., Bodrov E. N. On the issue of the formation of digital culture in the process of professional training of employees of the penal system of the Russian Federation // Eurasian Legal Journal. – 2023. – No. 3 (178). – pp. 377-379.
PSYCHOLOGY AND LAW
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
ZHABKIN Anton Sergeevich
Ph.D. in Law, senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
GAZIZYANOV Timur Albertovich
Head of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TUKUMBETOV Roy Alikovich
senior inspector of the Yelizovsky FKU UII of the FPS of Russia for the Kamchatka Territory, lieutenant of the internal service
CAUSES OF PROFESSIONAL DEFORMATION OF POLICE OFFICERS AND WAYS TO OVERCOME IT
Professional deformation is a complex phenomenon that police officers face in their daily activities. This article discusses the features of professional deformation among police officers, the causes of professional deformation and ways to combat this problem. Based on literary studies and empirical studies, the authors present an analysis of the impact of professional deformation on the psychological health of police officers and pedagogical conditions conducive to the prevention of professional deformation among law enforcement officers.
Keywords: professional deformation, professional adaptation, police officer, stress management, professional burnout, internal affairs bodies.
Bibliographic list of articles
1. Korsun K. I., Zadorina M. A. Prevention of professional deformation of employees of internal affairs bodies: psychological, pedagogical and organizational and legal aspects // Police activity. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-professionalnoy-deformatsii-sotrudnikov-organov-vnutrennih-del-psihologo-pedagogicheskiy-i-organizatsionno-pravovoy (date of access: 09/21/2023).
2. Maltseva T.V., Kuptsov A.A. The relationship between the mechanisms of psychological protection and the syndrome of emotional burnout among police officers // Psychopedagogy in law enforcement agencies. – 2019. – No. 1 (76). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vzaimosvyaz-mehanizmov-psihologicheskoy-zaschity-i-sindroma-emotsionalnogo-vygoraniya-u-sotrudnikov-politsii (date of access: 09/21/2023).
3. Rastyapina Yu. Yu. Professional deformation of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 9. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-deformatsiya-sotrudnikov-ovd (date of access: 09/21/2023).
4. Savich I. I., Kanunnikov R. I. Deformation of value orientations among employees of internal affairs bodies: theoretical aspects // Bulletin of pedagogy and psychology of Southern Siberia. – 2021. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deformatsiya-tsennostnyh-orientatsiy-u-sotrudnikov-organov-vnutrennih-del-teoreticheskie-aspekty (date of access: 09/21/2023).
5. Urazaeva G.I. Professional deformation of police officers in the aspect of emotional burnout: withsocial and psychological conditions, mechanisms, features, factors // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2014. – No. 2 (16). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-deformatsiya-sotrudnikov-politsii-v-aspekte-emotsionalnogo-vygoraniya-sotsialno-psihologicheskie-usloviya (date of access: 09/21/2023).
6. Chepeleva N. A., Kharkova O. A. Professional deformation of civil servants // Innovative science. – 2020. – No. 10. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-deformatsiya-gossluzhaschih (date of access: 09/23/2023).
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, associate professor of the K.G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
ON THE ISSUE OF REGULATORY AND LEGAL REGULATION OF THE ACTIVITIES OF PRIVATE MILITARY COMPANIES IN THE RUSSIAN FEDERATION
This article discusses the issue of the regulatory status of private military companies, the introduction of relevant bills by deputies of the State Duma of the Federal Assembly of the Russian Federation. This topic has become particularly relevant in connection with the conduct of a Special military operation and the participation of a number of PMCs and volunteer associations, including Cossack ones, in it, the need to determine the status of participants who are not military of the Armed Forces of the Russian Federation.
Keywords: State Duma of the Russian Federation, lawmaking, mercenary activity, private military companies.
Bibliographic list of articles
1. Bredikhin A.V. Military service of the Cossacks in the security system of the South of Russia (on the example of the Rostov region) // Bulletin of Volgograd State University. Episode 4. History. Regional studies. International relationships. – 2020. – T. 25. No. 5. – P. 234-243.
2. Bredikhin A.V., Gekkaya K.H. Military-political aspects of the development of Russian-Turkish relations // Archon. – 2018. – No. 4 (7). – pp. 29-33.
3. Breaking hegemony: a new study of the construction of international order and a system of global governance in a new era / Under the general editorship of Anton Viktorovich Bredikhin, candidate of historical sciences. – M.: ANO TSEMI, 2023. – 126 p.
ECONOMY. RIGHT. SOCIETY
AVDEEVA Larisa Alexeevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
SOLOVJOVA Irina Anatolyevna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
MUNIROVA Guzelia Rinatovna
magister student of the Ufa Higher School of Economics and Management of the Ufa State Petroleum Technical University
IMPROVING THE ALGORITHM FOR ASSESSING THE ECONOMIC EFFICIENCY OF PROJECTS FOR THE DEVELOPMENT OF OIL TRUNK TRANSPORT ENTERPRISES
The article substantiates the expediency of monitoring and controlling the performance indicators of an investment project at all stages of its life cycle and suggests an algorithm for its implementation at the project implementation stage.
The proposed algorithm provides systematization of the process of analyzing and monitoring the progress of the project, contributes to the achievement of the goals and compliance of the actual results of the project with the target indicators of its effectiveness.
Keywords: investment project, efficiency, algorithm, implementation, methodological approach, monitoring, control, life cycle, oil trunk transport
Bibliographic list of articles
1. Gumerov A.G., Avdeeva L.A., Raschepkina N.S. On the factors that determine the value of tariffs for oil pumping // Pipeline oil transport. – 1997. – No. 6. – P. 29-31.
2. Avdeeva L. A., Bespalova E. V. On the issue of optimizing material and technical supply for the construction of gas pipelines in difficult natural and climatic conditions // Problems and trends in the development of innovative economy: international experience and Russian practice: materials of the I International Scientific and Practical Conference . Federal State Budgetary Educational Institution of Higher Professional Education “Ufa State Petroleum Technical University”. – 2013. – pp. 9-11.
3. AvdEeva L. A., Bespalova E. V. On the main directions of increasing the efficiency of the system of material and technical support for the construction of gas pipelines (using the example of LLC “Sakhalin Gas Komplekt Trading House”) // Contentus. – 2014. – No. 1 (18). – pp. 60-69.
4. Avdeeva L. A., Musabirova K. M. On the effectiveness of the project for the reconstruction of an ethylene production plant // Problems and trends in the development of an innovative economy: international experience and Russian practice: Materials of the III International Scientific and Practical Conference. – Ufa: Publishing house of USNTU, Institute of Economics, 2015. – pp. 11-13.
ECONOMY. RIGHT. SOCIETY
GROGULENKO Nadezhda Vladimirovna
associate professor of the Ufa State Petroleum Technical University
GROGULENKO Anastasia Igorevna
student of the Ufa State Petroleum Technical University
BADRTDINOVA Aigul Maratovna
student of the Ufa State Petroleum Technical University
SAGITOV Askar Ilshatovich
student of the Ufa State Petroleum Technical University
CAREER LITERACY: CONCEPT, MEANING, STRUCTURE
The article discusses career literacy, its components such as diagnostics, knowledge of professional fields and the labor market, as well as tools for building an educational and professional trajectory. Career literacy – competence (a set of knowledge, skills and attitudes) in the field of career decision-making.
Keywords:career literacy, professional self-determination, career guidance, labor market, ideas about career.
Bibliographic list of articles
1. Barakhnina V.B., Gabdulkhakova R.V., Gabbasov T.I. The role of a university website in attracting professionally oriented applicants to the educational process at a university in modern conditions // Mater. II scientific method. conf. – Ufa: USPTU Publishing House, 2013.
2. Nikiforov A. Yu., Semenova E. V. Life values of a modern student // Bulletin of the Bashkir University. – 2018. – T. 23. – No. 4. – P. 1301-1305.
3. Movsumzade E. M., Valitova N. E., Baulin O. A. et al. Facts that determine the main directions of the educational system and the stages of formation and development of technology // History and pedagogy of natural science. – 2022. – No. 2-3. – P. 5-8.
4. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. Impact of the process of digitalization of the economy on deviant forms of economic behavior // Business 4.0 as a Subject of the Digital Economy. – Cham, 2022. – pp. 433-438.
5. Kostyleva E. G., Gimranov A. A. Consequences of raising the retirement age for the labor market // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 449-450.
6. Barakhnina V.B., Gabdulkhakova R.V., Gabbasov T.I. The role of a university website in attracting professionally oriented applicants to the educational process at a university in modern conditions // Mater. II scientific method. conf. – Ufa: USPTU Publishing House, 2013.
7. Kostyleva E. G., Grogulenko N. V., Valitova N. E., Gareev E. S. social responsibility of engineering staff workers as a factor in the economic growth of the national economy // In the collection: Business 4.0 as a Subject of the Digital Economy. Cham. – 2022. – pp. 81-86
8. Grogulenko N.V., Levashov D.A. the importance of “digital competencies” of specialists for the development of information technologies at oil and gas enterprises // Eurasian Legal Journal. – 2022. – No. 5 (168). – pp. 436-437.
ECONOMY. RIGHT. SOCIETY
BOGATYREVA Marina Ruslanovna
Ph.D. in sociological sciences, associate professor, Head of Digital technologies in economics and management sub-faculty of the Ufa University of Science and Technology
BIKMETOV Evgeniy Yurjevich
Ph.D. in sociological sciences, professor of Digital technologies in economics and management sub-faculty of the Ufa University of Science and Technology
FILIPPOVA Ekaterina Sergeevna
student of the bachelor’s degree program in the direction of training “Management” of the Ufa University of Science and Technology
MELNIKOVA Anastasiya Sergeevna
student of the bachelor’s degree program in the direction of training “Sociology” of the Kazan (Privolzhie) Federal University
REVIEW OF APPROACHES TO HUMAN CAPITAL ASSESSMENT UNDER CONDITIONS OF ECONOMIC UNCERTAINTY
The relevance of the research topic is due to the fact that sustainable socio-economic development of the organization is associated with the implementation of labor potential and investments in it, reproduction of human capital. The purpose of the study is to consider the main methodological approaches used to assess human capital and the effectiveness of investments in it at the level of the organizationon under conditions of uncertainty. The authors proceed from the methodological position that human capital is a stock of professional skills and knowledge that tends to accumulate due to investments in development, i.e. if investments are added to human resources, human capital can be obtained. The interrelation between the aspects of people management in the organization is shown. The structural components of individual human capital are revealed. The process of assessing the effectiveness of investment in the development of human resources at the level of the organization, developed on the basis of researchers’ methods, is considered step by step. The conducted review and an attempt to justify a comprehensive evaluation indicator allow us to come closer in understanding the possibilities of using human capital in the strategic management of human resources on the basis of investing in them, development of programs of socio-cultural development of employees that ensure sustainable development of the organization.
Keywords: human capital, human capital assessment methods, investment efficiency index, uncertainty conditions, individual human capital, human capital components.
Bibliographic list of articles
1. Mukhametlatypov F.U., Bogatyreva M.R., Alekseev O.A., Akhunov R.R., etc. Problems and strategic priorities of socio-economic development of the Republic of Bashkortostan / Monograph dedicated to the 30th anniversary of the Institute of Economics, Finance and Business of the Federal State Budgetary Educational Institution VO Bashkir State University.” – Ufa: Bashkir State University Publishing House, 2018. – 388 p.
2. Bikmetov E. Yu., Shayakhmetova R. R., Akhmadeeva A. A. Conceptual foundations of the strategy of a person’s labor behavior // Eurasian Legal Journal. – 2021. – No. 4 (155). – pp. 430-433.
3. Kobzistaya Yu. G. Human capital: concept and features // Fundamental research. – 2018. – No. 2. – P. 118-122.
4. Becker G. The economic approach to human behavior. – Chicago: The University of Chicago Press, 1990. – 314 p.
5. Dobrynin A.I., Dyatlov S.A., Tsyrenova E.D. Human capital in a transitive economy. Formation, evaluation, effectiveness of use. – St. Petersburg: Nauka, 1999. – 308 p.
6. Gorbunova O. N., Geghamyan M. A. The role of the human potential development index in the concept of human development // Socio-economic phenomena and processes. – 2013. – No. 5 (051). – pp. 77-80.
7. Kobzistaya Yu. G. Individual human capital: theoretical aspects of analysis // Bulletin of SibADI. – 2015. – No. 2 (42). – pp. 118-125.
8. Smirnov B.V., Tkachenko A.V. Methodological basis for the classification of human capital // Power and management in the East of Russia. – 2009. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodologicheskie-osnovy-klassifikatsii-chelovecheskogo-kapitala (date of access: 09.29.2023).
9. Armstrong M. Practice of human resource management. 8th edition / trans. from English edited by S.K. Mordovina. – St. Petersburg: Peter, 2004. – 848 p.
10. Fitzenz J. Return on investment in personnel: measuring the economic value of personnel. – M.: Vershina, 2006. – 320 p.
11. Oshchepkova D. S. On the issue of assessing human capital // Bulletin of Tomsk State University. Economy. – 2016. – No. 2 (34). – pp. 88-98.
12. Krakovskaya I. N. Methodological approaches to assessing the effectiveness of investments in the human capital of an organization // π-Economy. – 2008. – No. 6 (68). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodicheskie-podhody-k-otsenke-effektivnosti-investitsiy-v-chelovecheskiy-kapital-organizatsii (date of access: 09/29/2023).
13. Apenko S. N. Personnel assessment in anti-crisis management of an enterprise // Man and work. – 2003. – No. 9. – P. 86-88.
ECONOMY. RIGHT. SOCIETY
KOLTUNOVA Yuliya Ivanovna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
FEATURES OF ADVERTISING COMMUNICATIONS IN THE FIELD OF CONSULTING
The main differences of the consulting business related to the B2B segment have been identified, which should be taken into account when planning a strategy for promoting consulting services. The features of advertising communications in the field of consulting through the specifics of companies’ activities in this field are considered. It is shown that advertising communications are an effective tool for strengthening the position of a consulting company in the market.
Keywords: consulting, consulting services, B2B marketing, advertising communications
Bibliographic list of articles
1. Uchenova V.V., Starykh N.V. History of advertising: textbook. – St. Petersburg: Peter, 2002. – 304 p.
2. Sandage Ch., Freiburger V., Rotzoll K. Advertising: theory and practice. -M.: Progress, 1989. – 630 pp.
3. Popov Yu. L. Marketing and marketing communications [Electronic resource]: textbook. – Volgograd: IEiP VolgGASU, 2011. [Electronic resource]. – Access mode: https://www.bibliofond.ru/view.aspx?id=513048 (date of access: 03/29/2023).
4. Savelyev I. I. Consulting: current state and features // Bulletin of the Academy: electronic scientific journal. – 2019. [Electronic resource]. – Access mode: https://www.elibrary.ru/download/elibrary_41500019_43461282.pdf (date of access: 09.29.2023).
5. Kivaeva V. A., Babich A. A. Fundamentals of consulting, its role and place in the modern economy // Economic, historical, legal, philosophical views of our time Proceedings of the VIII All-Russian Scientific and Practical Conference. Rostov-on-Don, Publisher: Manuscript. – Kaluga, 2022. – pp. 164-166.
6. Khairullina N. G. Personnel management at service and tourism enterprises: a textbook. – Tyumen: Tyumen State Oil and Gas University, 2013. – 280 pp.
7. Khairullina N. G. Personnel management at trading enterprises: training manual. – Tyumen: TyumGNGU, 2012. – 324 p.
8. Zhukov V. A., Zhukova M. A. Promotion of consulting services based on the use of integrated marketing communications // Vestnik GUU. – 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prodvizhenie-konsaltingovyh-uslug-na-osnove-ispolzovaniya-integrirovannyh-marketingovyh-kommunikatsiy (date of access: 09/16/2023).
9. Smirnova P. I., Darmilova Zh. D. Features of marketing in the promotion of consulting services // Current issues in the development of modern society: Collection of scientific articles of the 12th All-Russian scientific-practical conference. – Kursk: Southwestern State University, 2022, April 21-22. – pp. 307-313.
ECONOMY. RIGHT. SOCIETY
SKVORTSOVA Natalya Alexandrovna
Ph.D. in Economical sciences, associate professor of the Moscow Financial and Industrial University “Synergy”
DIGITAL TRENDS AND TECHNOLOGICAL SOLUTIONS FOR RUSSIAN COMPANIES
The article discusses current digital trends in the Russian IT segment market. The need for the development of algorithmic and hardware structures that are highly reliable, ensuring a high degree of integration of domestic software and hardware, confirming the full compliance of the companies’ business processes, is substantiated. The author examines the SmartSel system, developed by the domestic company Aiteko, working in the field of IT and engineering infrastructure. The process of a training model based on text, graphic and voice information is substantiated. To interpret the data, the author proposed a BI system that interprets a large amount of data, forming the interaction of people and technology.
Keywords: artificial intelligence, process automation, digitalization, technology, business solutions.
Bibliographic list of articles
1. The future of Russian IT: what awaits the industry in 2023. [Electronic resource]. – Access mode: https://incrussia.ru/understand/russia-it-2023/ (access date 06.11.2023).
2. Innovations in the digitalization of procurement and sales in Russia 2023. [Electronic resource]. – Access mode: https://www.agora.ru/blog/novovvedeniya-v-tsifrovizatsii-zakupok-i-prodazh-v-rossii-2023/ (date accessed 06.11.2023).
3. Software development, startups, big data. [Electronic resource]. – Access mode: https://https://www.i-teco.ru/solutions/ (access date 06.11.2023).
4. Skvortsova N. A. Informatization of society as a global economic process // Scientific notes of OrelGIET. – 2018. – No. 3 (27). – pp. 33-38.
5. Skvortsova N. A., Lebedeva O. A., Sotnikova E. A. The influence of information technologies on business development // Theoretical and Applied Economics. – 2018. – No. 1. – P. 42-50. DOI: 10.25136/2409-8647.2018.1.25189.
ECONOMY. RIGHT. SOCIETY
TELTSOVA Luisa Zagitovna
Ph.D. in biological sciences, associate professor, associate professor of Ecology and life safety sub-faculty of the Institute of Nature and Man of the Ufa University of Science and Technology
YANGURAZOVA Zemfira Akhmetovna
Ph.D. in biological sciences, professor, professor of Ecology and life safety sub-faculty of the Institute of Nature and Man of the Ufa University of Science and Technology
ABRAMOVA Svetlana Radikovna
Ph.D. in historical sciences, associate professor of Economic and legal security sub-faculty of the Ufa University of Science and Technology
TECHNOSPHERE THREATS OF THE DIGITAL BUSINESS ENVIRONMENT: A NEW APPROACH TO SECURITY
Currently, technosphere security is becoming more and more relevant and important in the digital world, which determinesthe need to take measures to protect information systems, technological processes and networks from various threats in order to ensure data security and normal functioning. The object of research is the digital management environment. The subject of the study is technosphere security as the state of the digital business environment. The purpose of the study is to reveal the content of technosphere threats to the digital business environment as a new approach to security. The article argues that investing in technosphere security not only helps to prevent potential threats, but also contributes to the protection of privacy and increases confidence in the use of modern technologies. By being informed and taking appropriate measures, the state can make the digital space more secure and protected.
Keywords: digital environment, Anthropocene, environment, economic development, sustainable growth.
Bibliographic list of articles
1. Kuts A.V., Firsov V.S., Maklakova V.E. Digitalization of the economic environment to ensure technospheric security // Russian Economic Bulletin. – 2021. – T. 4. No. 6. – P. 88-92. – EDN RATOMM.
2. Rakhmatullina Yu. A., Yunusova R. F., Yarullin R. R. Cost-benefit concept in the economic assessment of the effectiveness of investments in government projects // Discussion. – 2022. – No. 4 (113). – P. 42-50. – DOI 10.46320/2077-7639-2022-4-113-42-50. – EDN LUFPTI.
3. Ryzhenko A. A., Amankeshuly D., Gubenku S. E. Technologies for staged training of expert analysts of technosphere safety systems // Technologies of technosphere safety. – 2016. – No. 6 (70). – pp. 122-128. – EDN YTCYWN.
ECONOMY. RIGHT. SOCIETY
TUKAYEVA Flyuza Anvarovna
Ph.D. in economical sciences, associate professor of Management in department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
ASSESSMENT OF THE STATE OF INTENSIFICATION IN AGRICULTURAL ENTERPRISES OF THE REPUBLIC OF BASHKORTOSTAN
The article examines the main indicators of the level and efficiency of intensification of agricultural production in agricultural enterprises of the Republic of Bashkortostan, calculated by the author according to the consolidated annual reports for 2018-2022. Positive results and negative consequences of intensification are revealed. It is shown that in animal husbandry, the efficiency of intensification is higher, which is due to the historically established specialization of agriculture in the republic and modern trends in its development.
Keywords: intensification, agricultural production, level, efficiency of intensification.
Bibliographic list of articles
1. Batusova E. S. Intensification as a factor in increasing the efficiency of agriculture // Current problems and prospects of innovative agricultural economics: Materials of the VI All-Russian scientific and practical conference with international participation, Saratov, June 15, 2017 / Edited by N. I. Kuznetsov. – Saratov: LLC “Center for Social Agroinnovations of SSAU”, 2017. – P. 18-20.
2. Glazko V.I. Modern directions of “sustainable” intensification of agriculture // News of the Timiryazev Agricultural Academy. – 2010. – No. 3. – P. 101-114.
3. System of conducting agro-industrial production in the Republic of Bashkortostan. – Ufa: Academy of Sciences of the Republic of Belarus, Gilem, 2012. – P. 481.
ECONOMY. RIGHT. SOCIETY
SHAYBAKOVA Emma Rifovna
Ph.D. in economical sciences, professor of Economic security sub-faculty of the Ufa State Petroleum Technical University
GILYAZOVA Alisa Ildarovna
magister student of the Institute of Computer Science, Mathematics and Robotics of the Ufa University of Science and Technology
BUTKOV Dmitriy Alexandrovich
magister student of the Ufa State Petroleum Technical University
DAVYDOV Denis Vladimirovich
magister student of the Ufa State Petroleum Technical University
ECONOMIC SECURITY AND INERTIA OF THE ECONOMIC RESPONSE TO THE SANCTIONS PRESSURE OF WESTERN COUNTRIES
The relevance of the study is that the consistent growth and application of economic sanctions against countries are an integral part of the modern world economy, which is primarily due to the globalization of trade relations between countries, increased demand for goods and services, as well as their globalization on the world market, thus, the study of sanctions pressure from the standpoint of economic security, as an element of national security actualizes this study. The object of research is economic security as a condition and an integral attribute of the national economy. The subject of the study is inertia, as the state of the economic system at the time of countering external economic pressure. The purpose of the study is to consider the mechanism of countering sanctions pressure from the standpoint of the inertia of the economic response within the framework of the national economic security strategy. The study reveals that the current state of the national economy is due to the inertia of economic responses in response to economic pressure and the sanctions policy of unfriendly countries and there is actually no mechanism for preventive and preventive counteraction to external economic threats, which negatively affects the overall state of national security of economic systems.
Keywords:economic inertia, social inertia, economic pressure, sanctions, sanctions policy.
Bibliographic list of articles
1. Pautova A. V. From the economic security of the state to the economic security of the organization // Security of Eurasia. – 2003. – No. 4 (14). – pp. 682-686. – EDN RAFSNB.
2. Khlynin E.V. Differences between the concepts of “economic security” and “national security” // Accounting and Statistics. – 2014. – No. 4 (36). – pp. 88-95. – EDN TIQPPV.
3. Khairullin V. A., Makar S. V., Yamalova E. N. Inertia in socio-economic systems: theoretical and heuristic analysis of the phenomenon // Discussion. – 2021. – No. 5 (108). – P. 88-104. – DOI 10.46320/2077-7639-2021-5-108-88-104. – EDN ZNUDXK.
4. Zhuravsky Yu. A. On the issue of the law of economic inertia in the methodology of innovative development of the Russian economy // Economics and innovation management. – 2021. – No. 2 (17). – P. 62-70. – DOI 10.26730/2587-5574-2021-2-62-70. – EDN FTPHSQ.
ECONOMY. RIGHT. SOCIETY
DATSENKO Sergey Vitaljevich
associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
SCORE-RATING EVALUATION OF SUPPLIERS: FEATURES OF ECONOMIC AND MATHEMATICAL SETTINGS IN PROCUREMENT PRACTICE OF OIL AND GAS ENTERPRISE
In the article, the authors identified the methodological features of the system for scoring suppliers in the oil and gas industry. Empirically, using numerical examples, the importance of an accurate assessment of the significance of evaluation criteria and the subsequent redistribution of the relevance of indicators is shown, which ensures flexibility and economic and mathematical “accuracy” of the methodology considered in the article as a tool for risk-based management.
Keywords: score rating, criterion, supplier, weighting factor, total cost of ownership, oil and gas enterprise.
Bibliographic list of articles
1. Datsenko S.V., Khanin V.A. Determination of price and non-price criteria when using scoring // Territory “Neftegaz”. – 2022. – No. 11-12. – P.90-94.
2. Datsenko S.V., Khanin V.A., Scoring as a tool for controlling procurement efficiency // Neftegaz Territory. – 2022. – No. 9-10. – pp. 20-23.
3. Larchenko L.V., Yakovleva T.V. Oil and gas complex of Russia in new conditions: geopolitical situation, diversification, formation of new sales markets // “Neftegaz.RU”. – 2023. – No. 1. – P. 88-91.
4. Petrova A. A., Lubskaya E. V. Prospects for expanding cooperation between Russia and Asian countries using the example of the oil and gas industry // Problems of modern economics. – 2022. – No. 3 (83). – pp. 187-191.
5. Rudneva Yu. R., Ganieva A. A. Analysis of the features of the material and technical supply system of a subsidiary oil transportation company as an object of controlling // Eurasian Legal Journal. – 2017. – No. 11 (114). – pp. 373-374.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State
TYURINA Arina Yurjevna
student of the bachelor’s degree in “Religious studies” of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State)
ECOPHILIC PHILOSOPHY AND SACRALIZATION OF INDIAN RIVERS
The article reveals the principles of ecophilic philosophy associated with the sacralization of the rivers of India, presented in the Vedas – the ancient sacred texts of Hinduism. The basis for understanding this issue is the spiritual, mythological and cultural significance of these rivers for believers and followers of traditional culture. This study allows us to identify a number ofenvironmental problems in Indian rivers that are associated with urban modernization and increasing environmental impacts.
Keywords: sacred rivers, Vedas, religion, Hinduism, ecophilic philosophy.
Bibliographic list of articles
1. Glushkova I. P. Indian pilgrimage. – M.: Publishing House Scientific. world, 2000. – 261 pp.
2. Zubkov S.A. Criteria for religious ecophilicity // News of Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Volume 28. – P. 92-100. Doi.org/10.26516/2073-3380.2019.28.92.
3. Zubkov S. A. Ecophilic beginning of vegetarianism // Bulletin of the Vyatka State University. – 2020. – No. 2 (136). – pp. 43-49. DOI 10.25730/VSU.7606.20.023.
4. Cremo Michael A., Mukunda Goswami Divine nature. – M.: BBT Publishing House, 2004. – 121 p.
5. Ogibenin B. L. The structure of the mythological texts of the Rig Veda. – M.: Publishing house Nauka, 1968. – 116 p.
6. Timoshchuk A. S. Aesthetics of Vedic culture. – Vladimir: Publishing House VYUI Ministry of Justice of Russia, 2003. – 112 p.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Olga Igorevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
ZUEVA Elizaveta Konstantinovna
postgraduate student of the direction “Philosophical anthropology, philosophy of culture 47.06.01FF” of the I. S. Turgenev Oryol State University
GLADILOVA Elena Alexeevna
magister student of the direction “Pedagogical education in the field of social sciences and humanities” of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
THE ONTOLOGICAL SIGNIFICANCE OF THE INTERNET FROM THE PERSPECTIVE OF THE PROBLEM OF HUMANIZATION OF SOCIETY. (SOCIO-PHILOSOPHICAL ANALYSIS)
The Internet is one of the most significant technological achievements of our time and has a profound impact on the development of society. From the perspective of the problem of humanization of society, it represents an interesting and complex topic for socio-philosophical analysis. It is important to pay attention to the need for effective regulation of the Internet in order to protect the rights and interests of users. Such regulation must strike a balance between freedom of expression and ethical standards, while also taking into account the needs and safety of all participants in society. We examined the problem of the social ontology of the Internet, and also analyzed approaches to the concept of the Internet and its place in the modern world.
Keywords: philosophy of the Internet, humanization of society, ontology, civil society, Internet resource, modernization.
Bibliographic list of articles:
1. Gerasimova D. V. Internet and its influence // International Journal of Applied and Fundamental Research. – 2016. – No. 11-4. – P. 649-651. [Electronic resource]. – Access mode: https://applied-research.ru/ru/article/view?id=10618 (access date: 11/17/2023).
2. Bakaeva Zh. Yu. Patterns of existence of the modern information society from the position of a post-non-classical picture of the world // News of the Russian State Pedagogical University named after. A. I. Herzen. 2009. No. 92. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zakonomernosti-bytiya-sovremennogo-informatsionnogo-obschestva-s-pozitsii-postneklassicheskoy-kartiny-mira (date of access: 11/17/2023).
3. Kosilova E. V., Frolov A. V. Internet in the perspective of transcendental philosophy and phenomenology // Bulletin of Moscow University. Series 7. Philosophy. 2017. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internet-v-perspektive-transtsendentalnoy-filosofii-i-fenomenologii (date of access: 11/07/2023).
4. Neveleva V. S. Synthesis of philosophy and science // Bulletin of ChGAKI. 2015. No. 1 (41). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sintez-filosofii-i-nauki (date of access: 11/13/2023).
5. Timokhina S. L., Emelyanenko V. D. Anthropological aspect in the development of the philosophy of the Internet // Scythian. 2018. No. 10 (26). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/antropologicheskiy-aspekt-v-razvitii-filosofii-interneta (date of access: 11/16/2023).
PHILOSOPHY. RIGHT. SOCIETY
KOLOSOVA Inna Viktorovna
lecturer of Administrative law and administrative activities sub-faculty of the Krasnodar University of the MIA of Russia, Stavropol branch
FEATURES OF VALUE ORIENTATIONS AND LEGAL CONSCIOUSNESS OF MODERN YOUTH
This study is devoted to the analysis of certain features of the legal consciousness of modern youth. The article notes that the long phase of socialization in modern youth plays a key role in reducing the general level of legal consciousness, contributing to the formation of an infantile life position of a significant part of young people. At the same time, other factors, such as the influence of mass communications and social networks, have an important impact on the formation of legal consciousness and behavioral attitudes. These media give young people the impression of dynamism and involvement in current events, but often provide unverified and unreliable information in the field of law. Particular attention is paid to the harm caused by the romanticization of antisocial and criminal behavior present in numerous works of popular art. This trend contributes to the emergence of legal deviations and violations of legal behavior among young people. Taking into account the above factors, it is proposed to expand various forms of legal education, considered as a necessary condition for maintaining the rule of law.
Keywords: legal consciousness, youth, values, value guidelines, legal culture, infantilism, social networks.
Bibliographic list of articles
1. 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.
2. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
3. Baklanov I. S., Balastrova K. N. Specificity of value orientations in the conditions of the formation of a knowledge society // Economic and humanitarian studies of regions. – 2017. – No. 6. – P. 66-69.
4. Baklanov I. S., Baklanova O. A., Fedotenkov E. S., Fedotenkova O. V., Pokhilko A. D. Nihilism in Russian society: analysis of its essence and forms of manifestation. Collective monograph. – Armavir, 2019.
5. Balkovaya V. G., Kurpas P. I. Features of the legal consciousness of youth in modern Russia // Questions of Russian and international law. – 2022. – Volume 12. No. 5A. – pp. 16-24.
6. Zhigulin A. A. Legal consciousness of youth // Territory of Science. – 2016. – No. 1. – P. 31-35.
7. Kolosova I. In The dynamics of legal values in the socio-political realities of our time: philosophical analysis // Eurasian Legal Journal. – 2022. – No. 11 (174). – pp. 396-397.
8. Semkina E. N., Baklanov I. S., Baklanova O. A. Worldview uncertainty of youth as an essential characteristic of modern society // Scientific bulletin of the State Autonomous Educational Institution of Higher Education “Nevinnomyssk State Humanitarian-Technical Institute”. – 2018. – No. 2. – P. 85-88.
9. Burlova Yu., Baklanova O. Normative Conditioning of the Consciousness of the Society Subject: Sociocultural Approach // Science Almanac of Black Sea Region Countries. – 2022. – No. 4 (32). – pp. 3-9.
10. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclusiones. – 2020. – T. 7. – No. 4. – P. 362-368.
11. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, social and psychological factors of the conservative consumer towards legal cannabis use-a review since 2013 // Sustainability. – 2022. – T. 14. – No. 17. – P. 10993.
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
BODYAK Marina Germanovna
Ph.D. in philological Sciences, associate professor of Philosophy, sociology and history sub-faculty of the A. A. Yezhevskiy Irkutsk State Agrarian University
INTERPRETATION OF THE “CONDITIONAL” IN RUSSIAN ORTHODOX PHILOSOPHY
The article examines the ideas of the “conditional” in Russian philosophical thought from the XVIII to the beginning of the XX century. The definition of “conditional” is derived from its ability to characterize human activity either from the ontological or epistemological side. In Russian philosophy there was no category of “convention” as such. However, the very way of interpreting its main problems is directly related to defining them in one or another conditional plane. The philosophy of Enlightenment in Russia is reflected in the works of M. V. Lomonosov. The object of consideration from the position of the “conditional” becomes knowledge. The philosophy of the XIX century is represented by the views of I. Kireevsky and F. Dostoevsky. Kireevsky’s “conditional” is expressed by a Western European education, which, unlike Russian, is spiritless and, therefore, not true. Dostoevsky’s conditionality is dynamic: both the real and the fantastic world of his characters can be equally conditional, and the truth in its purest form does not exist. The degree of conditionality is determined by the proximity or remoteness from the idea of a harmonious human existence in society and the peace of mind of the person himself. Theocratic philosophy of V. Solovyov and N. Berdyaeva defines beauty and order as the main criterion for distinguishing between the true and the conditional but philosophers have different ways of overcoming the conditional, as obviously false. N. Berdyaev’s creativity is in the spirit of national culture, V. Solovyov’s is overcoming the world antinomy.
Keywords: conditional, absolute, true, divine, Orthodox worldview.
Bibliographic list of articles
1. Berdyaev N. A. The Fall of the Holy Russian Kingdom. Journalism 1914-1922. – M.: Astrel, 2007. – 1179 p.
2. Berdyaev N. A. Philosophy of inequality / Comp. and resp. ed. O. A. Platonov. − M.: Institute of Russian Civilization, 2012. – 624 p. – P. 7, 23.
3. Berdyaev N. A. Philosophy of freedom // Philosophy of freedom. The meaning of creativity.— M.: Pravda, 1989.— P. 134.
4. Berdyaev N. A. Philosophy of creativity, culture and art: in 2 volumes T. 1. – M.: Art, ICHP “League”, 1994. – 541 p.
5. Evlampiev I. I. The main principle of F. Dostoevsky’s philosophy // Solovyov studies. – 2015. – No. 2 (46). – pp. 20-35.
6. Kim Yun-kyun. Typology of doubles in the works of F.M. Dostoevsky and the story “The Double” (1846/1866): dissertation … candidate of philological sciences: 01/10/01. – M., 2003. – 185 p.
7. Kireevsky I.V. Complete works: in 2 volumes / Ed. M. O. Gershenzon. – M.: Put, 1911.
8. Kondakov B.V. Artistic conventions // Dostoevsky: aesthetics and poetics: words and references. / Ed. G. K. Shchennikova. – Chelyabinsk: Metal, 1997. – P. 123.
9. Lomonosov M.V. Morning reflection on God’s majesty // Selected works. – L.: Soviet writer, 1986. – P. 204-205.
10. Pavlenko A. V. Metaphysical foundations of higher values in the philosophy of Vl. Solovyov // Solovyov studies. – 2002. – No. 2 (5). – pp. 105-119.
11. Soboleva M. E. “Knowledge” and “opinion”: Plato versus Gettier // Questions of Philosophy. – 2016. – T. 2. – P. 158-167.
12. Soloviev V. Works: in two volumes / General. ed. and comp. A. F. Losev and A. V. Gulygi; note S. L. Kravets [and others]. – M.: Mysl, 1990. – T. 1. – P. 279-296.
13. Sudakov A.K. Integrity of being. Religious and philosophical thought of I. V. Kireevsky / Ross. acad. Sciences, Institute of Philosophy. – M.: IFRAN, 2011. – 191 p.
PHILOSOPHY. RIGHT. SOCIETY
CHUDINA-SHMIDT Natalya Vitaljevna
Ph.D. in philosophical sciences, associate professor of Humanitarian and social-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
SKLYARENKO Yaroslav Anatoljevich
lecturer of Humanitarian and Social-Economic Disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
GENESIS OF THE ANTI-SOCIAL SUBJECT OF EXTREME AS A RESPONSE TO THE DISTORTION OF THE FORMATION OF THE WORLDVIEW OF MODERN MAN
This article examines one of the problems of the modern sociocultural space – the genesis of the antisocial subject of extreme sports. Since in the modern world events that are destructive in nature are occurring more and more often, there is a need to study their actor, which is the subject of extreme sports. However, in a society of a transit nature, extreme subjects can also carry out socially conditioned activity, occupying the position of extreme positive pole, acquiring the status of constructors, and the position of extreme negative, becoming deconstructors of the social system. Within the framework of the research carried out in the article, the study of the genesis of the antisocial subject of extreme sports, through the distortion of the formation of his worldview, is of particular relevance, since the predominance of this particular form of extreme subjects can lead to the complete destruction of humanity.
Keywords: worldview, society, subject of extreme sports, extremeness.
Bibliographic list of articles
1. Butkevich S. A. Features of international anti-terrorism cooperation: the Russian model and foreign experience // In the collection: Current problems of application of criminal legislation. Collection of scientific works of participants of the International Scientific and Practical Conference. Executive editor N. S. Sorokun. 2018. pp. 51-57.
2. Zdravomyslov A. G. Needs. Interests. Values. M.: Politizdat, 1986. 223p.
3. Kalnoy I. I. Man and his value guidelines: international symposium. Man and the Christian worldview. Sacred and secular: a clash of worldviews, (Simferopol May 12-13, 2006). Simferopol. 2006.
4. Konopleva A. A., Hybridity of modern civilization // SEARCH: Politics. Social Science. Art. Sociology. Culture. 2018. No. 4 (69). pp. 53-61.
5. Konopleva A. A. The influence of the geopolitics of globalism on culture // Eurasian Legal Journal. 2018. No. 8 (123). pp. 438-440.
6. Chudina-Schmidt N.V. Social conditions for the transition of a person into the state of an extreme-destroyer // In the collection: Ensuring public safety and combating crime: tasks, problems and prospects. Materials of the All-Russian Scientific and Practical Conference. 2020. pp. 508-511.
7. Chudina-Schmidt N.V. Extreme manifestations as a problem of modern society // Eurasian Legal Journal. 2018. No. 9 (124). pp. 493-495.
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
KHASANOVA Amina Gizetdinovna
Ph.D. in historical sciences, associate professor of International relations, history and oriental studies sub-faculty of the Ufa State Petroleum Technical University
ABOUT SOME ASPECTS OF ANTHROPHAGY AS A HISTORICAL PREREQUISITE FOR THE FORMATION OF XENOPHOBIA, NATIONAL AND RELIGIOUS IDENTITY
The authors analyze certain aspects of the influence of anthropophagy, which influenced the formation of national identity in the world history of mankind.
Keywords: national identity, xenophobia, anthropophagy, religious identity, national identity.
Bibliographic list of articles
1. (from French cannibale, Spanish caníbal) – intraspecific predation, animals eating their own kind, eating representatives of their own species Novikovskaya, A. Human relatives were engaged in cannibalism already one and a half million years ago // Elements. — 2023. — June 30.
2. Hélène Rougier, Isabelle Crevecoeur, Cédric Beauval, Cosimo Posth, Damien Flas. Neandertal cannibalism and Neandertal bones used as tools in Northern Europe (English) // Scientific Reports. — 2016-07-06. – Vol. 6, iss. 1. — P. 1—11.
3. History of cannibalism / Ch. ed. A. V. Malgin // Capital: journal. – 1991. – No. 49 (55) (December). — pp. 36-39
4. Introduction to the Old Testament = Einleitung in das Alte Testament / Ed. Erich Zenger. – M.: BBI, 2008. – 816 p.
5. Ibn Ishaq (1955), 380-388, cited in Peters (1994) p. 218
6. Gesta Tancredi in expeditione hierosolymitana [archive], site thelatinlibrary.com
7. Albert of Aachen, Historia Hierosolimitana: History of the Journey to Jerusalem, trans. Susan B. Edgington. – Clarendon Press, 2007, ch. V.29. -Pg. 375.
8. Edward Peters, The First Crusade: The Chronicle of Fulcher of Chartres and Other Source Materials (University of Pennsylvania Press, 1998), 84.
9. Amin Maalouf. The Crusades Through Arab Eyes. — Schocken Books, 1984. — 320 pp.
10. Zaborov M. A. History of the Crusades in documents and materials. – M.: Higher School, 1977.
11. Solovyov S. M. History of Russia since ancient times: in 6 books. – St. Petersburg: Partnership “Public Benefit”, 1851-1879.
12. Pagden, Anthony. The Fall of Natural Man. – Cambridge University Press, 1986. – Page 84.
13. Klim Kartokhin. “Crow Killer.” The story of a cruel hunter who terrified the Indians – Technologies Onliner
PHILOSOPHY. RIGHT. SOCIETY
SHEVALOV Semyon Vladimirovich
postgraduate student of Philosophy, economics and law sub-faculty of the Faculty of History of the V. P. Astafjev Krasnoyarsk State Pedagogical University
HISTORICAL-MATERIALISTIC CONCEPT AT THE TURN OF THE CENTURY: FROM THE PATH TRAVELED TO NEW PERSPECTIVES
The article attempts to reveal the potential of the historical-materialistic approach, useful for modern social and humanitarian knowledge, reconstructing the main line of its development and determining the prospects for further transformation. The work presents two trajectories of the evolution of the historical-materialistic approach, one of which is characteristic of Russian philosophy, and the other – for foreign. Each of the trajectories has its own periodization system and features, however, a number of common features can be found. The comparison of successive periods makes it possible to discover the regularities of the development of the concept, on the basis of which it is possible to construct models of its evolution in the future. The scientific novelty of the research is determinantined by the fact that the features of the development of the concept at each stage are considered in connection with its current state. As a result, a general pattern has been revealed: interest in historical materialism increases mainly during the years of economic crises and large-scale.
Keywords: historical materialism; Marxism; neo-Marxism; story; becoming; foreign philosophy domestic philosophy.
Bibliographic list of articles
1. Barashkova O.V., Chen Hong Post-Soviet school of critical Marxism: Portrait in the interior of modern Russian Marxism // Vestn. Moscow UN-TA. Ser. 7. Philosophy. – 2018. – No. 6. – P. 27-44.
2. Grinin L. E. Historical materialism in the West: History and future. Part 1. Historical materialism before the 1920s. analysis of the advantages and disadvantages of the Concept // Philosophy and Society. – No. 2. – 2020. – P. 5-34.
3. Grinin L. E. Historical materialism in the West: History and future. Part 2. Historical materialism since the 1920s. until now. Ups and downs. The future of the concept // Philosophy and Society. – No. 3. – 2020. – P. 5-39.
4. Dobrinskaya D. E. Reconstruction of historical materialism in the theory of Gerald Cohen // Vestn. Moscow UN-TA. Ser. 18. Sociology and political science. – 2015. – No. 4. – P. 69-84.
5. Efremov O. A. Marxism as a methodology for studying modern capitalism // Bulletin of Moscow University. Episode 7: Philosophy. – 2018. – No. 5. – P. 85-93.
6. Klimenko A. I. Marxist foundations of modern philosophy of law // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2020. – Volume 15. – No. 6. – P. 58-76.
7. Kobylkin R. A. Some problems in the study of social and philosophical aspects of law // Eurasian Legal Journal. – No. 6 (181). – 2023. – pp. 522-523.
8. Moiseeva T. P. Capitalist mode of production // Eurasian Legal Journal. – No. 2 (177). – 2023. – pp. 499-501.
9. Sorokina N. D. The relevance of Karl Marx’s approach to the study of conflicts // New ideas in philosophy. – 2018. – No. 5 (26). – pp. 65-70.
10. Engels F., Marx K. “Toward a critique of political economy.” – Marx K., Engels F. Soch., vol. 13. [Electronic resource]. – Access mode: https://marxistphilosophy.org/diahismat/txt10.htm (access date: 10/23/2023).
11. Yakovleva N. G. Contradictions of education of the XXI century: a look through the prism of Marxist methodology // Vestn. Moscow Univ. Ser. 7. Philosophy. – 2018. – No. 6. – P. 45-61.
12. Yangutov L. E., Chebunin A. V. Modern philosophical and socio-political thought of China // Questions of Philosophy. – 2018. – No. 8. – P. 182–191.
PHILOSOPHY. RIGHT. SOCIETY
VOROKHOBOV Alexander Vladimirovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Privolzhsky branch of the Russian State University of Justice
ULANOV Mikhail Vladimirovich
lecturer of the Nizhny Novgorod Theological Seminary
THE CRITICISM OF THE NEO-KANTIAN CONCEPT OF THE HISTORY OF PHILOSOPHY IN THE CONTEXT OF HANS-GEORG GADAMER’S HERMENEUTICAL APPROACH
The article discusses the concept of the history of philosophy as part of philosophy, and not just as an auxiliary science, as well as criticism of the neo-Kantian concept of the history of philosophy in the context of the hermeneutic approach of Hans -Georg Gadamer. The relationship between philosophy and its history is examined, and the concept of the history of philosophy as the history of concepts, directed against neo-Kantianism, is proposed.
Keywords: history of philosophy, Hans-Georg Gadamer, neo-Kantianism, hermeneutics, understanding.
Bibliographic list of articles
1. Vorokhobov A.V. Hermeneutical concept in the religious and philosophical thinking of Karl Barth // Bulletin of the Nizhny Novgorod State Linguistic University. N. A. Dobrolyubova. – 2009. – Issue 7. – pp. 170-182.
2. Vorokhobov A.V. Philosophical and anthropological analysis of the essential structure of human existence in the works of Paul Tillich // Philosophy and Culture. – 2017. – No. 10. – P. 70-182.
3. Gadamer G.-G. Truth and Method. Fundamentals of philosophical hermeneutics / trans. with him. B. N. Bessonova. – M.: Progress, 1988. – 704 p.
4. Gadamer G.-G. History of concepts as philosophy // Relevance of the beautiful. – M.: Art, 1991. – P. 26-43.
5. Hartman N. The problem of spiritual existence // Culturology, 20th century. – M., 1995. – P. 245-252.
6. Heidegger M. Being and time / Transl. with him. V.V. Bibikhina. – M.: Ad Marginem, 1997. – 452 pp.
7. Heidegger M. Research work of Wilhelm Dilthey and the struggle for a historical worldview in our days: ten reports read in Kassel (1925) // Questions of Philosophy. – 1995. – No. 11. – P. 119-145.
8. Aiken R. Philosophy of history //Philosophy in a systematic presentation. – M.: Territory of the Future, 2006. – P. 262-296.
9. Cassirer E. Substanzbegriff und Funktionsbegriff: Untersuchungen über die Grundfragen der Erkenntniskritik. Berlin, 1910. – 459 s.
PHILOSOPHY. RIGHT. SOCIETY
BONDARENKO Gennadiy Viktorovich
Ph.D. in philosophical sciences, associate professor, associate professor of Pedagogy, psychology and health care sub-faculty of the Institute of Educational Development of the Republic of Bashkortostan, practical psychologist
THE TEACHING OF GAUTAMA BUDDHA ON THE WAY OF MAN’S SALVATION
The article analyzes the features and main components of the eightfold path of human salvation proposed by Gautama Buddha. This path, in fact, is aimed at realizing and gaining a person’s true nature, which goes beyond the limits of the finite world. Special attention is paid in the article to the consideration of moral and moral development, the development of awareness and the awakening of wisdom within the framework of the teachings on the salvation of the Buddha.
Keywords: the way of salvation, samsara, culture of behavior, meditative practice, culture of wisdom, intuition, suchness, dhyana, arhat, Nirvana.
Bibliographic list of articles
1. Dhammapada. – St. Petersburg, 1993. – 176 p.
2. Lysenko V. G. Experience of introduction to Buddhism: Early Buddhist philosophy. – M., 1994. – 159 p.
3. Lysenko V. G., Terentyev A. A., Shokhin V. S. Early Buddhist philosophy. Philosophy of Jainism. – M., 1994. – 383 pp.
4. Solovyov V. S. Lectures on the history of philosophy // Questions of philosophy. – 1989. – No. 6. – P. 76-137.
5. Suzuki D.T. Mysticism: Christian and Buddhist. – K., 1996. – 288 p.
6. Thich Nyat Hanh. Finding peace. – St. Petersburg, 1993. – 279 p.
7. Reader on the history of the Ancient East. Part 2 / Ed. M.A. Korostovtseva, I.S. Kontselsona, V. I. Kuzishchina. – M., 1980. – 256 p.
8. Steiner R. How to achieve knowledge of the higher worlds? – Yerevan, 1992. – 208 p.
PHILOSOPHY. RIGHT. SOCIETY
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University”, branch in Stavropol
BOGATYREVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management
ISAKOVA Victorina Vyacheslavovna
teacher, MBOU Secondary school No. 18, Stavropol
HIDDEN RATIONING AS A FACTOR IN THE FORMATION OF SOCIALITY IN CONTEMPORARY SOCIETY
The article examines hidden rationing (or crypto-rationing) as a factor in the formation of social communication and, in general, as a factor in the production of social structures. Based on the theory of E. Hall, the authors believe that the specificity of both intercultural and intracultural communication is determined not so much by explicit, verbal structures, but by non-verbal elements of communication. Determining the type of society as “high-context” or “low-context”, which determines the parameters of social communication, the specifics of the connection between social subjects, and solidarity based on value and normative contexts, helps to reveal the degree of influence of hidden norming on the structures of sociality. Moreover, context in this case refers to value and symbolic information used within the framework of social practices by social actors to decipher any events and correlated with any sociocultural situations..
Keywords: norm, rationing, normative consciousness, crypto-rationing, sociality, normative system, morality, religion, law.
Bibliographic list of articles
1. Baklanov I. S. Interaction of intellectual activity and ideology: totalitarianism and liberalism // Scientific thought of the Caucasus. – 2004. – No. S13. – pp. 23-30.
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. Baklanova O. A., Syomkin A. V., Yugai V. V. Value foundations of sociocultural communication as a manifestation of the identity of social subjects // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 155-163.
4. Berdyaev N. A. The crisis of art. – M.: SP Interprint, 1990. – 48 p.
5. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. – 2022. – No. 4 (45). – pp. 112-115.
6. Dushina T.V., Baranov S.T., Baklanov I.S. Philosophy of knowledge of postmodernism. – Stavropol, 2007. – 129 p.
7. Ionin L. G. Canetti // New philosophical encyclopedia: in 4 volumes – M.: Mysl, 2010. – 2816 pp.
8. Quadrature of meaning: French school of discourse analysis. – M.: Progress, 1999. – 416 pp.
9. Fromm E. Healthy society // Psychoanalysis and culture: Selected works of Karen Horney and Erich Fromm. – M.: Yurist, 1995. – 623 pp
10. Berry J. W., Poortinga Y. H., Segall M. H., Dasen P. R. Cross-Cultural Psychology. Research and Applications. – Cambridge University Press, 2002. – R. 560.
11. Hall E. T. Beyond Culture. – N.Y.: Anchor Press, 1976. – 316 p.
12. Implicit bias and philosophy / Ed. Brownstein M., Saul J. – Oxford: Oxford univ. press, 2016. – Vol. 1: Metaphysics and epistemology. – 336 p.
PHILOSOPHY. RIGHT. SOCIETY
EREMENKO Mariya Maximovna
magister student of Information systems and technologies sub-faculty of the Institute of Digital Development of the North Caucasus Federal University, branch in Stavropol
BOGATYREV Svyatoslav Alexandrovich
magister student of Information systems and technologies sub-faculty of the Institute of Digital Development of the North Caucasus Federal University, branch in Stavropol
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, branch in Stavropol
FEATURES AND RISKS OF USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE MEDIA SPACE OF MODERN SOCIETY
This paper examines the main features and risks inherent in digital society and modern man in particular, which are associated with the introduction of high information technologies in various spheres of life, including the media space. An analysis of the influence of information technology, and in particular artificial intelligence, on the state of modern society and on the well-being – physical and mental – of an individual is carried out, and the features of today’s media space are also analyzed. The purpose of this study is to identifythe problems that arise as a result of the widespread use of digital technologies – in particular, the growing dependence on digital devices and the Internet leads to a deterioration in people’s physical and mental health. The authors draw attention to the serious need to develop appropriate strategies and policies that will help cope with the negative consequences of digitalization and ensure sustainable and healthy development of society.
Keywords: society, digitalization, media space, artificial intelligence technologies, risks, information, labor.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Pelevin S. I. Technologies and technological consciousness in the evolution of post-industrialism: from the information society to the knowledge society and digital society // Bulletin of the Moscow State Regional University. Series: Philosophical Sciences. – 2022. – No. 1. – P. 60-67.
3. Baklanova O. A., Baklanov I. S., Pokhilko A. D. Prospects and problems of technological development in Russia: social and philosophical aspect // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 1. – P. 179-184.
4. Baklanova O. A., Nagapetova A. G., Akopyan G. A. Playing sociality in the socio-philosophical aspect // Bulletin of the Armavir State Pedagogical University. – 2023. – No. 3. – P. 104-109.
5. Universal Declaration of Human Rights: adopted by the UN General Assembly on December 10, 1948 // Russian newspaper. – 1995. – No. 67. – April 05.
6. Denisenko S.V., Baklanova O.A., Baklanov I.S. Technology as a factor of social development // Eurasian Legal Journal. – 2020. – No. 8 (147). – pp. 445-447.
7. What is digital marketing? About the basics, principles and technologies. Center for Competence Development in Marketing. [Electronic resource]. – Access mode: https://marketing.hse.ru/blog/chto-takoe-didzhital-marketing (access date: 08/13/2023).
8. Achterberg M., Becht A., van der Cruijsen R., van de Groep I. H., Spaans J. P., Klapwijk E., et al. (). Longitudinal associations between social media use, mental well-being and structural brain development across adolescence // Dev. Cogn. Neurosci. – 2022. – 54. – RUR 101088.
9. Adelantado-Renau M., Moliner-Urdiales D., Cavero-Redondo I., Beltran-Valls M. R., Martínez-Vizcaíno V., and Álvarez-Bueno C. (). Association between screen media use and academic performance among children and adolescents: a systematic review and meta-analysis // JAMA Pediatr. – 2019. – 173. – R. 1058–1067.
10. Gubanova M. A., Pohilko A. D., Ponarina N. N., Nagapetova A. G., Baklanova O. A. Posthuman in Global Information Society // Revista Inclpusiones. – 2020. – V. 7. – No. 4. – P. 362-368
11. Dama A. C., Kim K. S., Leyva D. M. et al. BacterAI maps microbial metabolism without prior knowledge. Nat Microbiol. 2023. 8, pp. 1018–1025.
12. Matthew Royse. Color psychology and its role in digital marketing. Knowledge Enthusiast. [Electronic resource]. – Access mode: https://knowledgeenthusiast.com/2019/03/28/color-psychology-and-its-role-in-digital-marketing (access date: 09/02/2023).
13. Ward A.F., Duke K., Gneezy A., Bos M.W. Brain drain: The mere presence of one’s own smartphone reduces available cognitive capacity // J Assoc Consumer Res. – No. 2 (2). – 2017. – R. 140-154.
PHILOSOPHY. RIGHT. SOCIETY
SHMATKO Alexander Alexandrovich
Ph.D. in historical sciences, associate professor, associate professor of Sociology, jurisprudence and human resources sub-faculty of the Kuban State Technological University, Krasnodar
SHMATKO Olga Nikolaevna
master’s degree student of the studying “Philosophy” of the North Caucasus Federal University, Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Stavropol State Agrarian University
HISTORICAL CONSCIOUSNESS AS A FORM OF REFLECTION: PHILOSOPHICAL ANALYSIS
The authors conduct a study of historical consciousness as a special specific form of reflection, which makes it possible for social actors to understand their own unique historical situation, identify its external causes, explain internal reasons, and predict possible consequences. Historical consciousness is an integral part of reflection. It represents the ability to analyze past events and understand their significance for man and society in the present and future., recognizing responsibility for the past, present and future. The authors emphasize that historical consciousness, based on reflection, allows social actors to actively develop critical thinking, analyze reality, produce within the framework of public and individual consciousness a more relevant understanding of history and one’s own place in it. Historical consciousness is based on historical experience as the basis for understanding and analyzing the personal historical situation..
Keywords: society, history, historical past, reflection, historical consciousness, historical knowledge, historical events, philosophy of history.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A. The problem of the subject of historical knowledge: philosophical analysis // Bulletin of the Armavir State Pedagogical University. – 2018. – T. 1. – No. 1. – P. 24-35.
2. Baklanova O. A. Trends in social philosophy: Western and Russian experience of understanding postmodernism // Philosophy of Law. – 2011. – No. 5 (48). – P. 23.
3. Dushina T.V., Baranov S.T., Baklanov I.S. Philosophy of knowledge of postmodernism. – Stavropol, 2007. – 129 p.
4. Zolotarev S.P., Shmatko O.N. Problems of modern network communication: philosophical analysis // Bulletin of Kalmyk University. – 2023. – No. 3 (59). – pp. 146-153.
5. Pokhilko A.D. Foundations of social self-determination // Humanitarian and socio-economic sciences. – 2010. – No. 3 (52). – pp. 26-29.
6. Pokhilko A. D., Gubanova M. A Search for a methodology for studying Russian national identity // Scientific thought of the Caucasus. – 2010. – No. 4 (64). – pp. 24-28.
7. Svirida N. N. Historical consciousness as a cultural phenomenon: abstract. dis. for the job application scientist step. Ph.D. Philosopher Sci. – Omsk, 2004. – 18 p.
8. Tufanov E.V., Kravchenko I.N., Shmatko O.N. On some aspects of social life in the process of urbanization of society // Bulletin of Kalmyk University. – 2020. – No. 3 (47). – pp. 52-59.
9. Shmatko A. A Historical experience in the structure of historical consciousness: representation and socio-philosophical reflection // Humanities and socio-economic sciences. – 2021. – No. 6 (121). – pp. 27-31.
10. Shmatko A. A. Historical consciousness as a sociocultural phenomenon // National Health. – 2021. – No. 3. – P. 89-92.
11. Shmatko A. A., Pokhilko A. D., Gubanova M. A. Modalities of social transformations // Humanitarian and social sciences. – 2015. – No. 4. – P. 53-62.
12. Shmatko O. N. Historical and legal issues of state protection of cultural heritage objects in Russia // Bulletin of the Armavir State Pedagogical University. – 2022. – No. 4. – P. 148-154.
13. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – P. 41-47.
14. Baklanov I. S., Baklanova O. A., Shmatko A. A., Gubanova M. A., Pokhilko A. D. The Historical Past as a Factor of Sociocultural Transformation of Postmodernity // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 1. – P. 373-378.
PHILOSOPHY. RIGHT. SOCIETY
GLADILOVA Elena Alexeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
FOMINA Darya Sergeevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
EGOROVA Olga Igorevna
magister student (pedagogical education in the field of social sciences and humanities) of Logic, philosophy and methodology of sciences sub-faculty of the I. S. Turgenev Oryol State University
EXISTENTIAL FEAR AND ITS ROLE IN WORKING WITH STUDENT YOUTH
This article examines existential fear as one of the key concepts in the philosophy of the 19th-20th centuries. Fear is explored in the context of a person’s awareness of his existence and the temporary nature of life. An analysis was carried out of how fear affects a person’s awareness of his existence. Existential fear and anxiety among students is a serious problem that teachers face in their work. Aspects that can help teachers work more effectively with these problems are considered.
Keywords: existentialism, fear, philosophy, pedagogy, youth, freedom, responsibility, death, temporariness, anxiety.
Bibliographic list of articles
1. Heidegger M. Being and Time / Translation [from German. and note] V.V. Bibikhina. – Moscow: Ad Magdtet, 1997. – 451 p.
2. Manukovsky V.V. “Borderline situation” and “genuine being” in the existential concepts of K. Jaspers and L. Shestov // Bulletin of the Chelyabinsk State University. – 2012. – No. 18 (272). Philosophy. Sociology. Culturology. Vol. 25. – pp. 127-129
3. Camus A. Mythabout Sisyphus. Essay on the absurd // Twilight of the Gods. Comp. A. A. Yakovlev. – M., 1989. – P. 222-318
PHILOSOPHY. RIGHT. SOCIETY
ABDULAEVA Ilmira Abduragimovna
Ph.D. in philosophical sciences, associate professor, Head of Economics, legal and general education disciplines sub-faculty of the Dagestan State University, branch in Kizlyar
SUFISM AS A MYSTIC-PHILOSOPHICAL DOCTRINE IN ISLAM (ON THE EXAMPLE OF THE RELIGIOUS CULTURE OF DAGESTAN).
The article discusses the history and the place of Sufism in Dagestan. Sufism penetrated into Dagestan in the early middle Ages, had a great influence on the culture, life and traditions of the peoples of Dagestan. The research object is the Sufi tradition, which is represented in the mountain region as a flexible system, conducive to the preservation of the identity and values of the religious culture of the Dagestan ethnic groups. The author observed features and the main features of Sufi teachings in the Republic and the stages of its development as a mystical-philosophical doctrine.
Keywords: Sufism; mysticism; sheikhs; tariqa; tasawwuf; knowledge; prophets.
Bibliographic list of articles
1. Abdulaeva I. A. Traditional and innovative in the religious culture of Dagestan. – Makhachkala, 2009. – P. 161.
2. Ad-Darbandi. Rayhan al-hakaiq wa bustan ad-dakaiq. XII-XIII. Manuscript in Arabic. IYAL Dagfilial Academy of Sciences of the USSR. – F. 14. – Op. 1. – No. 326.
3. Al-Ghazali. Ihya’ ‘ulum ad-din // Russian Federation IIAE DSC RAS. – F. 14. – Op. 1. – No. 227 @@ Al-Ghazali. Ihya ulum ad-din / Trans. from Arabic, research and comments by V.V. Naumkin. M., 1980. – P. 36.
4. Alikberov A.K. Sources of “Raikhan al-hakaiq wa bustan al-dakaiq” by Muhammad ad-Darbandi: results of initial study // Source study of the history and culture of the peoples of Dagestan and the North Caucasus: principles and methods of study, evaluation and use. Proceedings of the regional conference. – Makhachkala, 1991. – P. 196.
5. The clergy and political life in the Near and Middle East during the period of feudalism. – M., 1985. – P. 213.
6. Yilmaz H. K. Tasavvuf and tariqas. – M., 2007. – P. 300.
7. Knysh A.D. Muslim mysticism. – M-SPb., 2004. – P. 147.
8. Makhmudbekov M. True and false followers of the tariqa. // Per. from Arabic // Caucasian highlanders. Collection of information. – Tiflis, 1871. – P. 483.
9. Omar Khayyam. Treatises. Per. Rosenfeld B. A. – M., 1961. – P. 156.
10. Sufis: Collection of parables and aphorisms. – M.: EKSMO-Press, 2002. – P. 640.
11. Trimingham J. S. Sufi orders in Islam / Transl. from English A. A. Staviskoy, ed. and with a preface. O. F. Akimushkina. – M.: Sofia, Publishing House “Helios”, 2002. – P. 239.
12. Hazrat Inayat Khan. Teachings of the Sufis. – M., 1998 – P. 352.
13. Khanbabaev K. M.,Yakubov M. G. Religious and political extremism in the world, Russia: the essence and experience of counteraction. – Makhachkala, 2008. – P. 285.
14. Hasan Afandi. Khulasatal Abad (Sufi ethics). Per. from Arabic A. Gamzatova. – Makhachkala, 2000. – P. 144.
15. Sheikh Muhammad Amin al-Kurdi al-Erbili. Book of Eternal Gifts: (On the merits and laudable qualities of the Naqshbandiyya Sufi brotherhood and its Path to God). Per. from Arabic I. R. Nasyrova. – Ufa, 2000. – P. 246.
16. Shikhsaidov A.R. The spread of Islam in Dagestan. // Islam and Islamic culture in Dagestan. – M., 2001. – P. 289.
17. Nagshbandism. Historical developments and present situation of a Muslim order. Progceeding of the Sevres round Table 2-4 May 1985/ Varia Turcica. Vol. XVIII. Paris – Istambul, 1990. – P. 136.
18. Trimingham J. S. The Sufi Orders in Islam. – Oxford, 1971. – P. 359.
PHILOSOPHY. RIGHT. SOCIETY
GIZITDINOVA Albina Aidarovna
postgraduate student of the Ufa University of Science and Technology
FAKHRETDINOVA Gulnaz Fanzilyevna
senior lecturer of the Ufa University of Science and Technology
DETERMINANTS OF CULTURAL PROCESSES IN THE CONTEXT OF MODERN RUSSIAN SOCIETY
The article examines the determinants of cultural processes in modern Russian society. The author examines the universal factors of cultural dynamics and factors that include specific manifestations and characteristics: globalization, multiculturalism, regionalization, etc. Consideration of these factors allows us to analyze the current dynamics of cultural processes.
Keywords: cultural processes, determinants of cultural processes, cultural dynamics, globalization, multiculturalism, regionalization.
Bibliographic list of articles
1. Gizitdinova A. A. Cultural processes in modern Russia: value dimension / Culture, creativity and innovation for sustainable development: materials of the All-Russian scientific and practical conference (Ufa, April 27, 2023) / Rep. ed. L. A. Itkulova. – Ufa: RIC UUNiT, 2023. –270 p.
2. Davydenkova A.G. Philosophy of personality and institutional processes. – St. Petersburg: Leningrad State University named after A.S. Pushkina, 2005. – 220 pp.
3. Zapesotsky A. S. The formation of global culture and conflicts of civilizations (Based on materials from the International Likhachev Scientific Readings). – St. Petersburg: SPBGUP, 2018. – 608 p.
4. Kohler G. Culture in the era of globalization. Contours of the future in the context of world cultural development. /XVIII International Likhachev Scientific Readings, May 17-19, 2018/ Russian Academy of Sciences, Congress of the St. Petersburg Intelligentsia, St. Petersburg Humanitarian University of Trade Unions; [scientific editor: A. S. Zapesotsky]. – St. Petersburg: SPbGUP. – 2018. – 627 pp.
5. Kopylova S.V. Globalization as a sociocultural process // Bulletin of KalmSU. – 2016. – No. 2 (30). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/globalizatsiya-kak-sotsiokulturnyy-protsess (date of access: November 29, 2023).
6. Petrov I.F., Petrova S.I. Multiculturalism and mass culture as determinants of the cultural process // Context and reflection: philosophy about the world and man. – 2019. – Volume 8. No. 3A. – pp. 155-161.
7. Petrova S.I. Determinants of cultural processes in society // Bulletin of the Krasnoyarsk State Agrarian University. – 2011. – No. 1. – P. 193-196.
8. Petrova S.I. Social needs as a factor in the dynamics of cultural processes [Text]: textbook. – Krasnodar: Novation, 2022. – 106 p.
9. Rakhmatullina Z. Ya. The world rests on culture: philosophical understanding. – Ufa: RITSBASHGU, 2021. – 226 p.
10. Shushlyaeva O. N. The concept of cultural dynamics in the works of Pitirim Sorokin // Values and meanings. – 2016. – No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-dinamiki-kultury-v-trudah-pitirima-sorokina (date of access: 11/17/2023).
PHILOSOPHY. RIGHT. SOCIETY
GRUDNOV Dmitriy Vladimirovich
postgraduate student at National Research Tomsk State University
THE DEVELOPMENT OF POPULISM AS A TOOL FOR PRODUCING DISCURSIVE PRACTICES IN THE MODERN POLITICAL AGENDA
This article provides an analysis of populism as an integral component of the modern political agenda. Taking into account the heterogeneity of the conceptual content of the term, the author considers populism as a tool for the discursive practice of agenda-setting, which especially correlates with the cyclical nature of the electoral process. The tendency to systematically turn to the concept of populism is determined through a change in the global paradigm of world perception, expressed in the breakdown of “great narratives” and the emergence of metanarratives that form the basis of postmodernism and are actively integrated into modern populist discourse.
Keywords: populism, political agenda, discourse, strategy, ideology, agenda-setting, postmodernism, narrative.
Bibliographic list of articles
1. Abrahamyan A. S. Genesis and development of populism in Western countries // Journal of Political Research. – 2019. – No. 2. – pp. 59-66.
2. Abramyan A. S. On the question of the signs of populism // Bulletin of the Moscow State Regional University. – 2020. – No. 3. – P. 3-11.
3. Aibazova M. M. Political populism and factors of its formation in the context of mental and political research // Social and humanitarian knowledge. – 2020. – No. 1. – P. 249-255.
4. Argamakova A. A. Populism // Bulletin of Tomsk State Universitysite. Philosophy. Sociology. Political science. – 2023. – No. 74. – P. 257-265.
5. Bogapova A.V. Populism: from dichotomous to graduated comprehension // News of Tula State University. Humanitarian sciences. – 2022. – No. 1. – P. 73-77.
6. Zarubin D.K. The role of populist discourse in the agonistic model of conflict political interaction // Journal of Political Research. – 2023. – No. 3. – pp. 71-88.
7. Maslanov E. V. Social epistemology and challenges of populism // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2023. – No. 74. – P. 234-241.
8. Mitrokhina T. N. Political agenda: concept, specificity, subjects of formation // Industry: economics, management, technology. – 2019. – T. 75. – No. 1. – P. 176-180.
9. Perelgut N. M., Sukhotskaya E. B. On the structure of the concept “Political discourse” // Bulletin of Nizhnevartovsk State University. – 2013. – No. 2. – P. 35-41.
10. Pimenova O. V. Populism as a political phenomenon // Socio-political sciences. – 2021. – T. 11. – No. 6. – P. 56-64.
11. Podrezov M.V. History of the study of political populism and its current position in political science // Bulletin of Tomsk State University. – 2020. – No. 451. – P. 96-101.
12. Sokolova T. D. On the issue of populism, meritocracy and the intellectual elite // Bulletin of Tomsk State University. Philosophy. Sociology. Political science. – 2023. – No. 74. – P. 242-248.
13. Sumaneev I. A. “The Cinderella complex” half a century later: modern approaches to the study of populism and their empirical application // Journal of political philosophy and sociology of politics “Polity. Analysis. Chronicle. Forecast”. – 2022. – T. 107. – No. 4. – P. 168-185.
14. Fishman L. G. “Empty sign”: the concept of “populism” in the modern political science mainstream // Bulletin of Moscow University. Episode 25. International relations and world politics. – 2021. – T. 13. – No. 2. – P. 13-32.
15. Kharitonova O. G., Kudryashova I. V. Political regimes and regime changes in the foam of the populist wave // Political science. – 2022. – No. 1. – P. 224-244.
16. Shein S. A., Alikin A. A. Global dimension of the “populist wave”: possibilities of differentiated analysis // Bulletin of the Russian Peoples’ Friendship University. Series: Political science. – 2022. – T. 24. – No. 2. – P. 200-220.
17. Yushkov I. V. The phenomenon of digital populism: origins and current state // Scientific and analytical journal Observer – Observer. – 2022. – T. 369. – No. 10. – P. 21-31.
18. Devinney T. M., Hartwell C. A. Varieties of populism // Global Strategy Journal. – 2020. – No. 10. – P. 32-66.
19. Rodrik D. Why Does Globalization Fuel Populism? // Economics, Culture, and the Rise of Right-Wing Populism Annual Review of Economics. – Vol. 13. – 2021. – No. 1. – P.133-170.
PHILOSOPHY. RIGHT. SOCIETY
KORYAKINA Anzhelina Anatoljevna
Ph.D. in philosophical sciences, associate professor of Philosophy sub-faculty of the M. K. Ammosov North-Eastern Federal University
ON MODERNIZATION OF TRADITIONAL CULTURE
The modern sociocultural situation in the Yakut region today is a modernization transition from a traditional type of society to a modern type of society. This article is devoted to the problem of modernization of traditional culture in modern society in the context of its presentation. The author concluded that it is necessary to involve the media in the problem of presenting the values of traditional culture.
Keywords: traditional culture; modernization; presentation of traditional culture; mass media.
Bibliographic list of articles
1. Bondyreva S.K. Traditions: stability and continuity in the life of society. – M.: Publishing house Mosk. psychol.-social Institute, 2004. – 275 pp.
2. Lurie S.V. Historical ethnology. – M.: Gaudeamus, 2004. – 624 p.
3. Fedotova V. G. Modernization and culture. – M.: Progress-Tradition, 2016. – 336 pp.
4. Inglehart R., & Baker W. Modernization, cultural change, and the persistence of traditional values // American sociological review. – 2000 – Vol. 12 (5). – P. 19-51.
5. Kendall G., & Wickham, G. Understanding Culture: Cultural Studies, Order, Ordering (Theory, Culture and Society). – Newcastle: Sage, 2001. – 192 p.
6. Pieterse J. Globalization and Culture: Global Melange. – Lanham, Maryland: Rowman & Littlefield Publishers, 2009. – 149 p.
7. Rojek C. Cultural Studies. – Cambridge: Polity press, 2007. – 315 p.
PHILOSOPHY. RIGHT. SOCIETY
KUZMENKO Alexander Anatoljevich
Ph.D. in biological sciences, associate professor of Computer technologies and systems sub-faculty of the Bryansk State Technical University
PHILOSOPHICAL UNDERSTANDING OF THE FORMATION OF THE PHENOMENON OF ERGONOMICS AND THE PRINCIPLES OF ERGONOMIC DESIGN (ERGODESIGN) OF TOOLS IN THE PERIOD OF COLLECTIVE SOCIETY
The article discusses the issues of philosophical understanding of the implications of the emergence of ergonomics as a phenomenon that contributes to the adaptation of manual equipment to human capabilities in the period of collective society. Despite the fact that the term ergonomics was first used in 1857, modern scientific research indicates the use of adaptive ergonomic mechanisms for processing tools in a collective society, which contributed to improving the convenience of their use. This approach tests to the constant empirical testing of tools that contribute to human survival of the Paleolithic period and as a result of the emergence of the phenomenon of ergonomics characterized by the use of tools processing techniques that improve the safety and convenience of performing labor operations.
Keywords: ergonomics, the phenomenon of ergonomics, collective society.
Bibliographic list of articles
1. Demidenko E. S. Noospheric ascent of earthly life. – M., 2003. – P. 143.
2. Dergacheva E. A. Philosophy of technogenic society. – M.: Lenand, 2011. – 216 p.
3. Zinchenko V. P., Munipov V. M. Towards the theory of ergonomics // Technical aesthetics. – 1977. – No. 6.
4. Kuzmenko A. A. Ergonomics of the environment as a factor of human health in conditions of active technospherization of the biosphere. Science, education, production to counter man-made threats and solve environmental problems (Technosphere Safety-2023): materials of the XX International Scientific and Practical Conference. – Ufa: RIC UUNiT, 2023. – pp. 315-319.
5. Moiseev N. N. Universum. Information. Society. – M., 2001. – P. 69.
6. Nazaretyan A.P. Civilization crises in the context of Universal history. – M., 2001. – P. 112.
7. Reimers N.F. Nature management: Dictionary-reference book. – M., 1990. – P. 444.
8. Barham L. From hand to handle: The first Industrial Revolution. – Oxford University Press, 2013. – 458 p.
9. Barnes A. S. Modes of comprehension of some forms of Upper Palaeolithic implements. Proceedings of the Prehistoric Society of East Anglia. – 1932. – No. 7 (1). – R. 43-56.
10. Bleed P. (2008). Content as variability: Toward a behavioral definition of technology. Archaeological Papers of the American Anthropological Association. – 2008. – No. 7 (1). – R. 95-104.
11. Bordes F. Reflections on typology and techniques in the Palaeolithic. Arctic Anthropology. – 1969. – No. 6 (1). – R. 1-29.
12. Borel A., Cornette R., & Baylac M. Stone tool forms and functions: A morphometric analysis of modern humans’ stone tools from Song Terus Cave (Java, Indonesia). Archaeometry. – 2017. – No. 59 (3). – R. 455-471 (466).
13. Christensen J. M. Ergonomics: Where Have We Been and Where Are We Going: II. – “Ergonomics”. – 1976. – Vol. 19. – No. 3. – R. 287-288.
14. Overmann K. A., & Coolidge F. L. Squeezing minds from stones: Cognitive archeology & the evolution of the human mind. – Oxford University Press, 2019. – 505 p.
PHILOSOPHY. RIGHT. SOCIETY
NAZAROVA Marina Grigorjevna
Ph.D. in philosophical sciences, associate professor of Humanities and socio-economic disciplines sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
ABRAMOV Alexander Vyacheslavovich
Ph.D. in philosophical sciences, Head of Theology and biblical studies sub-faculty of the St. Feofanov Theological Seminary of Vladimir
PLATO’S VIEWS ON THE MORAL IMPACT OF MUSICAL ART PER PERSON AND THE CONCEPT OF MUSIC EDUCATION
The article analyzes Plato’s views on education, including musical education, in the context of his philosophical, pedagogical and ethical theory. Musical education and training was not perceived by Plato in isolation from the general pedagogical system, since he created a unified concept of education and upbringing of the individual, the foundation of which was paideia. The concept of “paideia” was interpreted in antiquity as raising children, education, culture, and humanism. For a speculative ascent to good and comprehension of truth, it is necessary to educate the human soul, to develop his inner (spiritual) vision, speculation, that is, it is necessary to cultivate the cognitive abilities of the mind. For this purpose, Plato developed a harmonious system of upbringing and education. Musical education in Plato’s theory is associated with the syncretic unity of music, poetry and dance (the combination of sound, word and movement). The relevance of Plato’s views is proven by the theories of aesthetic and ethical development of personality, integrated into the general modern system of pedagogy.
Keywords:paideia, education, idea of good, truth, musical education, moral education, musical art, syncretic action, catharsis.
Bibliographic list of articles
1. Antonov T.V., Smagin Yu.E. Evolution of the concept of “idea” in Plato’s philosophy // Bulletin of St. Petersburg University. – Ser. 6. – 2005, issue. 2.
2. Hertsman E.V. Antique musical thinking. – L., 1986.
3. Hertsman E.V. Music of ancient Greece and Rome. – St. Petersburg, 1995.
4. Davydov Yu. N. Art as a sociological phenomenon. – M., 1968.
5. Zhurakovsky G. E. Essays on the history of ancient pedagogy. – M., 1963. – P. 53.
6. Koptseva N.P. Truth in Plato’s philosophy // Philosophy and culture. – 2013. – No. 4. – P. 429-436.
7. Losev A.F. History of ancient aesthetics. High classic. – M., 1974.
8. Nazarova M. G. Aesthetic education as the development of aesthetic culture. Dissertation for the degree of candidate of philosophical sciences. – Moscow, 2001. – 169 p.
9. Panaiotidi E. G. Musical and pedagogical views of Plato. – M., 1999. – 130 p.
10. Plato. State // Plato. Sob. op. in 3 volumes. T. 3. – M., 1971.
11. Plato. Laws // Plato. Op. in 3 volumes. Ed. A.F. Losev and V.F. Asmus. – M., 1968-1972.
PHILOSOPHY. RIGHT. SOCIETY
NADTOCHIY Igor Olegovich
Ph.D. in philosophical sciences, professor of Humanities, Russian and foreign languages sub-faculty of the Voronezh State Academy of Sports
NOVIKOV Oleg Alexeevich
Ph.D. in Law, associate professor of Humanities, Russian and foreign languages sub-faculty of the Voronezh State Academy of Sports
POLITICAL AND LEGAL NARRATIVE OF RESOLVING SOCIAL CONFLICTS IN THE CONCEPT OF CONFUCIUS
The subject of the article’s research is perhaps the most famous Chinese ethical and political teaching – Confucianism, which for many centuries has had, and continues to have today, a huge impact on both the mass consciousness of the countries of the Confucian cultural region (China , Korea, Vietnam, Japan), and on the political and social practices of the states of the Far East. The Confucian socio-political concept, having been transformed many times, was implemented to one degree or another within the framework of the state and legal tradition of the countries of the Far Eastern region. Confucius created a management concept very specific to the Ancient World, designed to ensure the stability of the entire civilizational mechanism. The value foundation of Chinese civilization is, to a large extent, formed by Confucian cultural matrices and social archetypes that arose and developed on their basis. The modernization of the vectors of political, economic and socio-cultural interaction of Russia in the global world, which has emerged in recent years, actualizes, among other things, the study of the experience of Chinese civilization and other civilizations of the Far East, which have long been in the orbit of Chinese cultural influence. The main conclusion of the study is related to the fact that the foundation of the Confucian view on the problems of resolving social conflicts is the moral and ethical narrative of the tradition, the apologist for the applicability of which in all spheres of public life was Confucius . At the same time, according to the views of the Chinese philosopher, this narrative (and, in principle, no other) cannot be imposed on society through force. This kind of government policy, according to Confucius, is a factor in the instability of social systems and problematizes, to a certain extent, the possibility of full-fledged civilizational development.
Keywords: narrative, concept, idea, Confucianism, ethics, culture, civilization, society, person, state, law.
Bibliographic list of articles
1. Bian Yannan, Liu Dingshuo. The ethical value of Confucius’s idea of “correction of names” // Legal system and society. – 2018. – No. 21. – P. 232-235.
2. Golovacheva L. I. Civilization, Confucius and the future of China // Problems of the Far East. – 1996. – No. 1. – P. 111-116.
3. Kravchenko A.V. Sign, meaning, knowledge. Essay on the cognitive philosophy of language. – Irkutsk: Irkutsk Regional Printing House – 2001. – No. 1. – P. 241.
4. Li Ji. Ancient Chinese philosophy. Collection of texts in 2 volumes. T. 2. / Intro. Art., trans. from China I. S. Lisevich, V. G. Burov and R. V. Vyatkin. – M., 1973. – pp. 99-140.
5. Malyavin V.V. Confucius. The path to yourself. – M.: Young Guard, 2010. – 357 p.
6. Perelomov L. S. Confucius: “Lun-Yu”. – M.: Nauka, 1998. – 180 p.
7. Savitsky V. M. Cultural codes: essence, composition and functioning in the process of communication // Discourse of professional communication. – 2029. – No. 1-4. – pp. 68-77.
8. Wu Longhui. A textual study of primitive Confucianism. – Beijing: China Social Sciences Press, 1996. – pp. 19-20.
9. Huang Haidong. Construction of a harmonious society is the main result of the sinicization of Marxism // Bulletin of the scientific concept of development and theory of harmonious society. – 2007. – No. 6. – P. 31-34.
10. Shepelev M. A. Back to Aristotle: About the “Names Correction” in Modern Political Discourse // Scientific Notes of V. I. Vernadsky Crimean Federal University. Philosophy. Political science. Culturology. – 2019. – Vol. 5 (71). – No. 1. – P. 78-87.
11. Yao X. Wisdom in Comparative Perspectives // Journal of Chinese Philosophy. – 2006. – Vol. 33. – P. 319-321.
12. Jaspers K. Philosophical faith. The meaning and purpose of history. – M.: Republic, 1994. – 527 p.
PHILOSOPHY. RIGHT. SOCIETY
FILIPPOVA Elena Yurjevna
lecturer of Philosophy, history and social engineering sub-faculty of the Ufa State Petroleum Technical University
SOCIO-PHILOSOPHICAL ANALYSIS OF THE DIGITAL AGE IN THE CONTEXT OF CHANGING SOCIAL FORMATION
Transformation of social formation is directly related to the change of technological mode of society, thus, the necessity of scientific search for the states of formation of society to achieve social equilibrium and well-being of citizens is actualized. The object of the study is the digital age as a characteristic modern state of social formation. The subject of the study is society as a set of individuals, acting as subjects of the digital environment. The purpose of the study is a scientific search through social and philosophical analysis of the regularities of development of the digital environment of society. The article argues that the use of information and communication technologies in society is the result of a gradual evolutionary process over the years, determined by various factors such as needs, knowledge, structures, economy, and other factors of social development.
Keywords: digitalization, information and communication technologies, creative destruction, new technologies, artificial intelligence.
Bibliographic list of articles
1. Erznkyan B. A. Schumpeter, mainstream and evolutionary theory of economic development // Economic science of modern Russia. – 2004. – No. 4. – P. 53-67. – EDN IEZXUT.
2. Hilbert M. How much of the global information and communication explosion is driven by more, and how much by better technology? J Assn Inf SciTec. 2014;65(4):856‑861. doi:10.1002/asi.23031.
3. Aspelin J. What really matters is ‘between’—Understanding the focal point of education from an inter-human perspective // Education Inquiry. – No. 1 (2). – P. 127-136. – 2010. Umea: Umea University.
4. Zhigalov V.I. Development of information and communication technologies in Russia // Discussion. – 2023. – No. 3 (118). – P. 46-65. – DOI 10.46320/2077-7639-2023-3-118-46-65. – EDN WIDHML.
PHILOSOPHY. RIGHT. SOCIETY
YASHIN Anatoliy Nikolaevich
Ph.D. in philosophical sciences, associate professor, Head of Jurisprudence sub-faculty of the Murmansk Arctic University
ZENOV Egor Vsevolovodich
assistant of Foreign Languages sub-faculty of the Murmansk Arctic University
TOLERANCE IN THE WESTERN ACADEMIA: THE SYSTEM OF DISCIPLINE A LA FOUCAULT
The current state of tolerance as a phenomenon is of particular interest to an inquiring philosopher: first, because changes in the world order are now taking place at the global level, and second, because the world community is rethinking what has seemed familiar for a very long time. This is quite evident in the educational system. In an effort to show that their society has become more tolerant, activists in the West are toppling statues of “slave owners” and “tyrants,” renaming schools, and calling for educational benefits for minorities. The ethical shifts in the Western countries, the secondary role of humanitarian knowledge, increasing interest in the material and the lack of spiritual curiosity – it is all connected, among other things, with the way Western society interprets tolerance. In recent years this phenomenon has transformed from a component of the struggle for minority rights into a tool for manipulating consciousness. The process of conceptualizing tolerance in Euro-Atlantic countries in general is very rapid – this is due to the fact that Western society is in line with the spirit of the postmodern era, the important features of which are the rejection of traditional values and the redefinition of the Appropriate and the Inappropriate. In the context of the conflict of civilizations, when Russia is usually opposed to the West, the situation of tolerance in the Western countries is of particular interest due to the fact that the phenomenon itself can be perceived in a philosophical spirit, based on the views of the philosophers of the past, such as M. Foucault and J. Bentham.
Keywords: tolerance, education, Michael Foucault, Jeremy Bentham, panopticon, the Appropriate, the Inappropriate, Us and Them, taboo
Bibliographic list of articles
1. Egorov V.N. Once again about the opposition “friend or foe” // Communicology. 2020. No. 1. P. 138-154.
2. Foucault M. Supervise and punish: the birth of prison. Moscow: “Ad Marginem”. 1999. 480 p.
3. Lacorne D. The Limits of Tolerance: Enlightenment Values and Religious Fanaticism // Columbia University Press. N.York, 2019. 282 p.
4. Shankar A. Political Correctness and Higher Education: British and American Perspectives. Review by: Arjun Shankar // American Journal of Education. Vol. 117.No. 1.Pp. 143-146.
5. Political Correctness Run Amok: School Students Dishonor a Genius of Science // The Journal of Blacks in Higher Education. 2001. No. 32. P. 74.
6. Samayeen N. Space to breathe: George Floyd, BLM plaza and the monumentalization of divided American Urban landscapes // Educational Philosophy of Theory. 2020. P. 2341-2351.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
KRAPIVIN Oleg Vladimirovich
associate professor of Physical training and sports sub-faculty of the Academy of Law and Management of the FPS of Russia
TOWARDS THE ISSUE OF DIGITALIZATION OF PERSONAL DATA
The article analyzes the main problems associated with the protection of personal data in the era of digitalization, evaluates their legal status and offers recommendations to prevent violations of the rights to privacy and confidentiality when processing personal data. The authors used various sources of information, including scientific articles, reports and national laws regulating the use of personal data, and also drew attention to what the user should do to protect their data online. Legislation on the protection of personal information addresses the most direct and practical issues that most concern the general public: communication technologies, netiquette, personal data protection, information security, basic principles and rules of cybersecurity, the legal process of protecting personal information.
Keywords: data protection, control of personal information, digital development, information and communication technologies, information policy, strategy for the protection and control of personal information in digital development, protection of personal information.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. Pandemic as a factor of VUCA reality // Eurasian Legal Journal. – 2021. – No. 1 (152). – pp. 467-468.
2. Goffman A. A., Timoshchuk A. S. Technological skills of a digital society // Transformation of the meanings of education in the conditions of digitalization of society. – Krasnodar, KubSU, 2020. – pp. 15-24.
3. Goffman A. A., Timoshchuk A. S. Education system in the era of digitalization: risks, challenges, competencies // Humanitarian knowledge and spiritual security. – Makhachkala: ChSPU, ALEF, 2020. – P. 124-129.
4. Timoshchuk A. S. Features of the socio-technical environment in a pandemic // Forms and methods of social work in various spheres of life. – Ulan-Ude: VSGUTU Publishing House, 2021. – P. 288-290.
5. Timoshchuk A. S., Trofimova N. N. Pandemic: the world on one side of the barricade // Bulletin of Ivanovo State University. – 2020. – No. 4. – P. 121-129.
6. Timoshchuk A. S. Technological skills in a digitalized society // Improving the professional skills of teaching workers in Russia. – Irkutsk: Irkut, 2019. – pp. 16-23.
7. Timoshchuk A. S., Timoshchuk E. A., Tyagi R. Digitalization in a pandemic: ontology of complexity, opportunities, risks // University Lawyer. – 2021. – No. 9. – P. 12-19.
8. Timoshchuk A. S. Digital socio-technical system and sustainable development // Co-evolution of technology and society in the context of the digital era. – M.: MPEI Publishing House, 2020. – P. 270-272.
9. Timoshchuk A. S. Ethical and legal aspects of cybersecurity in a digital society // Artificial intelligence: ethical problems of the “digital society”. – Belgorod: BSTU, 2018. – pp. 165-179.
10. Timoshchuk A. S. Digital culture of the information society // Philosophy and culture of the information society. – St. Petersburg: GUAP, 2020. – pp. 187-189.
11. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. COVID-19 pandemic response: culture, technology and law going viral // Synergy of Sciences. – 2021. – No. 59. – P. 17-85.
12. Kalyashin A. V., Pichugin S. A., Timosрchuk A. S., Tyagi R. Governance and legal protection in Russia during COVID-19 pandemic // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – Etcavo. – 2021. – No. 3. – pp. 97–106.
13. Timosрchuk A. S., Tyagi R. Post-COVID-19 sustainability issues //Studia culturae. – 2021. – No. 3 (49). – P. 68-81.
PHILOSOPHY. RIGHT. SOCIETY
KHAYRULLIN Rim Nurovich
Ph.D. in philosophical sciences, associate professor of Philosophy and culturology sub-faculty of the Ufa University of Science and Technology
THE IDEAL OF ETERNAL LIFE IN THE PHILOSOPHICAL CONCEPTION OF N. FEDOROV
The article examines the ideal of eternal life, put forward by the great Russian thinker N. Fedorov, in a broad scientific and philosophical context. The origins of N. Fedorov’s concept of eternal life were religious motives, at the same time, N. Fedorov declared science as means of practical implementation of this ideal. As the author of the article demonstrates, the consequence of their connection was the well-known utopianism of the philosopher’s social and scientific considerations. This utopianism is quite obvious today, within the framework of modern scientific methodology.
Keywords: cosmic philosophy, regulatory idea, humanity, quality of life, longevity, moral imperative, synergetics.
Bibliographic list of articles
1. Berdyaev N. A. Russian idea. Kharkov: Folio. – M.: Ast, 1999.
2. Kant I. Ideas of universal history in the world-civil plan // Kant I. Works in 6 volumes. T. 6. – M.: Mysl, 1966.
3. Kogan L. A. Life as immortality // Questions of philosophy. – 1994. – No. 12.
4. Mechnikov I. I. Science and morality // Mechnikov I. I. Sketches of optimism. – M.: Nauka, 1988.
5.Prigozhin I., Stengers I. Order out of chaos: A new dialogue between man and nature. – M.: Progress, 1986.
6. Fedorov N. F. Supramoralism or universal synthesis (i.e. general unification) // Fedorov N. F. Works. – M.: Mysl, 1982.
PHILOSOPHY. RIGHT. SOCIETY
BAIRON Alexander Alexandrovich
Ph.D. in philosophical sciences, senior lecturer of Philosophy sub-faculty of the A. S. Pushkin Leningrad State University
B. N. CHICHERIN AND ORTHODOX THEOLOGY
In 2023, the 195th anniversary of the birth of the Russian thinker B.N. Chicherin was celebrated. He is known primarily as a philosopher of law and politics, but is also the author of a full-fledged metaphysical system. In this capacity, he acts as a follower of Hegel, and the representative of the “right camp” in Hegelianism, that is, he interprets Hegel as an idealist and builds his system of religious philosophy based on his views. The article is devoted to comparing the religious and philosophical views of Chicherin with the teachings of orthodoxy, clarifying the question of the presence or absence of discrepancies between them. From this point of view, the subject of comparison is two main positions in Chicherin’s teachings – the recognition of reason, formal logic as a comprehensive criterion of truth, valid, among other things, in the field of faith, and the provision of evidence based on this criterion in defense of the most important truths of Christianity (about the existence of God, about the Trinity and about God’s absorption). Also, in the form of a complete understanding of the issue under consideration, Chicherin’s understanding of the essence of faith is analyzed, and in this regard, his criticism of the epistemological concept of V. s. solovyov, as well as his clarification of his attitude to foreign confessions – Catholicism and Protestantism. The author comes to the conclusion about the strict orthodoxy of Chicherin’s philosophy. He finds that in each case, assessing the truth of dogmas based solely on the criterion of reason, formal logic, the thinker in his final conclusions does not go beyond the framework of orthodox doctrine. Thus, Chicherin managed to combine strict rationality with equally strict orthodoxy in his philosophy and thereby show that, contrary to popular opinion, such a combination is quite possible.
Keywords: B. N. Chicherin, G. W. F. Hegel, faith, orthodoxy, theology.
Bibliographic list of articles
1. Averin N. M. Witness of great transformations and faded hopes // Philosophical traditions and modernity. – 2013. – No. 2 (4). – pp. 8-21.
2. Anselm of Canterbury. Why God became man // Redemption. Materials of the II International Symposium of Christian Philosophers, St. Petersburg, April 16-18, 1997 – St. Petersburg: Higher. religious-philosophical school, 1999. – P. 19-133.
3. Byron A. A. Justification of Christian dogmatics in “Science and Religion” by B. N. Chicherin // Russian Logos: Horizons of Understanding. Materials of the international scientific conf. 25-28 Sep. 2017. In 2 vols. – St. Petersburg, 2017. – T. 1. – P. 391-394.
4. Conversation by Rev. Seraphim on the purpose of Christian life. – M.: MPO “METTEM”, 1991.
5. BibLeah Books of the Holy Scriptures of the Old and New Testaments. – M., 1979.
6. Basil the Great. About the Holy Spirit to St. Amphilochia, bishop. Iconium // Works like the saints of our father Basil the Great, Archbishop of Caesarea in Cappadocia. Part 3. – M.: Pilgrim, 1993. – P. 231-356.
7. Basil the Great. Interpretation of the Prophet Isaiah // Works like the saints of our father Basil the Great, Archbishop of Caesarea of Cappadocia. Part 2.
– M.: Pilgrim, 1993. – P. 5-358.
8. Hegel G. V. F. Folk religion and Christianity // Hegel G. V. F. Works of different years: in 2 volumes – M.: Mysl, 1972. – T. 1. – P. 45- 86.
9. Gregory the Theologian. Selected words. – M.: Publishing House of the Orthodox Brotherhood of St. Apostle John the Theologian, 2002.
10. Acts of the Ecumenical Councils / Ed. M. B. Danilushkina. In 4 volumes. T. 1. – St. Petersburg: Resurrection, 1996.
11. Emelyanov B.V., Ionaitis O.B. Experience and its boundaries: version of B.N. Chicherin // Social and humanitarian sciences in the Far East. – 2022. – T. 19. – No. 3. – pp. 138-140.
12. John of Damascus. An accurate exposition of the Orthodox faith. – R.-N.-D.: Azov region, 1992.
13. Kazaryan A. T. Hegel // Orthodox Encyclopedia. T. 10. – M., 2005. – P. 491-507.
14. Macarius (Bulgakov), Metropolitan. Orthodox dogmatic theology: in 2 volumes. T. 1. – M.: Pilgrim, 1999.
15. Macarius (Bulgakov), Metropolitan. Orthodox dogmatic theology: in 2 volumes. T. 2. – M.: Pilgrim, 1999.
16. Strunnikov A. Faith as confidence according to the teachings of Orthodoxy. A study on the relationship between faith and knowledge. Part 1. – Samara: type. M. Gran, 1887.
17. Strunnikov A. Faith as confidence according to the teachings of Orthodoxy. A study on the relationship between faith and knowledge. Part 2. – Samara: type. M. Gran, 1887.
18. Chizhevsky D. I. Hegel in Russia. – St. Petersburg: Nauka, 2007.
19. Chicherin B. N. Questions of philosophy. – M.: type. lit. t-va I. N. Kushnerev and K., 1904.
20. Chicherin B. N. Memoirs. Zemstvo and the Moscow Duma. – M.: North, 1934.
21. Chicherin B. N. Memoirs. Travel abroad. – M.: North, 1932.
22. Chicherin B. N. Mysticism in science. – M.: type. Martynova and K., 1880.
23. Chicherin B. N. Science and religion. – M.: Republic, 1999.
24. Chicherin B. N. Foundations of logic and metaphysics. – M.: type. lit. t-va I. N. Kushnerev and K., 1894.
25. Chicherin B. N. Positive philosophy and the unity of science. – M.: type. lit. t-va I. N. Kushnerev and K., 1892.
26. Chicherin B. N. Philosophy of law. – M.: Librocom Book House, 2011.
27. Shokhin V.K. Christian dogmas and philosophical rationality: confrontation or synergy? // Theology and philosophy: aspects of dialogue. Collection of conference reports (January 25, 2001, Institute of Philosophy RAS). – M., 2001. – P. 185-223.
PHILOSOPHY. RIGHT. SOCIETY
GAVRILOV Egor Nikolaevich
postgraduate student of the Faculty of Law of the M. K. Ammosov Northeast Federal University, Yakutsk
THE ROLE OF COMPETITION IN THE DEVELOPMENT OF THE STATE ECONOMY
Economic development directly affects the public good and the state as a whole. Economic development primarily means “competition” as the engine of economic progress, and the security and freedom of market relations is directly the prerogative of legal norms in the economic sector.
The article examines how competition affects the development of the state’s economy, and the resulting consequences, both positive and negative.
Keywords: antimonopoly legislation, economics, competition, mission of antimonopoly law, socio-philosophical foundations of competition, the role of competition, competition as an economic good.
Bibliographic list of articles
1. Constitution of the Russian Federation: [adopted by popular vote on December 12, 1993 with amendments approved during the all-Russian vote on July 1, 2020]. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
2. Federal Law No. 135-FZ of July 26, 2006 (as amended on December 29, 2022) “On the Protection of Competition” [adopted by the State Duma on July 8, 2006. Approved by the Federation Council on July 14, 2006]. – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
3. Law of the RSFSR dated March 22, 1991 No. 948-1 “On competition and restriction of monopolistic activities in commodity markets” (as amended on July 26, 2006). (lost force). – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
4. Federal Law of June 23, 1999 No. 117-FZ “On the Protection of Competition in the Financial Services Market” (repealed). – [Electronic resource]. – Access mode: http://www.pravo.gov.ru (access date: 06/19/2023).
PHILOSOPHY. RIGHT. SOCIETY
SHARIPOV Azamat Razhapovich
Ph.D. in philosophical sciences, associate professor of Sociology and youth work sub-faculty of the Ufa University of Science and Technology
BAYNAZAROV Irandyk Nailovich
Ph.D. in historical sciences, associate professor, Deputy Dean for educational and scientific work of the Nautical Faculty of the Kamchatka State Technical University
SELECTED ASPECTS OF THE STATE OF NATIONAL IDENTITY IN THE ERA OF “DEVELOPED SOCIALISM” IN THE 70-80s IN THE USSR
The authors analyze certain aspects of the state of national identity and religious affiliation in the 70-80s of the 20th century using the example of the Volga-Ural region of the USSR
Keywords: atheism, national identity, xenophobia, religious identity, national identity, internationalism.
Bibliographic list of articles
1. Stevenson S. A. Life according to concepts. Street gangs in Russia = Gangs of Russia: From the Streets to the Corridors of Power / Transl. from English Yulia Kazantseva. — M.: Country Oz, 2017. — 304 pp.
2. Pavel Kuibyshev. Criminal sketches from Tataria. “Living area”, “Tyap-blunder” and others // Kommersant. — 1996. — March 23 (No. 48). — P. 20.
3. Stevenson S. A. Life according to concepts. Street gangs in Russia = Gangs of Russia: From the Streets to the Corridors of Power / Transl. from English Yulia Kazantseva. — M.: Strana Oz, 2017. p. 39—40
4. Garayev R. N. The boy’s word. Criminal Tatarstan 1970–2010s. — Kazan: Individuum, 2020. — 624 pp. Chapter 7.
5. Ageeva L.V. Kazan phenomenon: myth and reality. — Kazan: Tatar Book Publishing House, 1991. — P. 130.
6. Stevenson S. A. Life according to concepts. Street gangs in Russia = Gangs of Russia: From the Streets to the Corridors of Power / Transl. from English Yulia Kazantseva. — M.: Country Oz, 2017. — P. 30.
7. Explosion in the Moscow metro in 1977 (from the book “Half a Century of Soviet Perestroika”). Sergey Grigoryants. 2016
8. [Electronic resource]. – Access mode: https://www.yaplakal.com/forum7/topic1607047.html
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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