CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №11(186)2023
PERSONA GRATA
S. Ovchinskiy:
Generative models of artificial intelligence: dangerous enemies or assistants to investigators and police officers?
Interview with Vladimir Semyonovich Ovchinskiy, Advisor to the Minister of Internal Affairs of the Russian Federation, Ph.D. in Law, Honored Lawyer of the Russian Federation
INTERNATIONAL LAW
Mishalchenko M. Yu., Pavlenko K. I.
Nord Stream 2: international legal aspects of pipeline construction
Stepanova S. I.
Dispute resolution in international maritime law: the role of international courts
Lancelot G. Wills
Uti Possidetis, ita Possidietas. ‘Then and now’
Farkhutdinov I. Z.
“Battle of the Books”. “The Doctrine of Two Spheres”. The emergence of the concept of free navigation – the main catalyst for the formation of international law
Alieva M. N., Gadzhiev A. G.
The Institute of Neutrality in the period of armed conflict: modern challenges and problems of interpretation
Gulyaeva E. E.
On the emergence and development of international norm-setting in the era of M. M. Speransky (the first half of the XIX century)
Makhmutova L. A.
Development of tools for state support of Russian exports and imports in modern conditions
Smirnova M. I.
Implementation of the rights of the deaf in law enforcement in Russia and America
Akhmedova I. V.
International legal and national regulation of extradition
Marakhovskaya K. G.
The impact of armed conflict on the safety of navigation
Gomenyuk M. A., Klementjeva D. A., Skachkova M. A., Basenko D. V., Vetrova A. A.
Transformation of national policy under the influence of European Integration: challenges and prospects of European democracy
Ershova A. A., Maslov P. N., Kotik A. O., Yarosh D. R., Veretelnikova R. R.
Models and approaches to the analysis of European integration
Kungurova A. A., Kazymov A. I., Goryachkina M. M., Turov S. S., Sofrina A. A.
Liberalism in Europe: the European Union’s response to political trends
Mastyukova I. I., Babicheva A. S., Pestretsov I. V., Kutsepalova V. S., Vinogradova S. A.
Dynamics of integration processes in the European Union: from borders to economic strategies
Medvedeva D. O., Belousov N. A., Khlyupov I. V., Verkhoturova D. A., Vdovenkova O. V.
Integration and crises in the European Union: An analysis of political and social responses
Mokhamed Salem Abdalahe Taleb
International legal status of Western Sahara
INTERNATIONAL PRIVATE LAW
Baturyan M. A., Goloborodko A. V.
Solving the problems of the practical application of the backlink in private international law on the example of Russian legislation
EUROPEAN LAW
Lebedeva Ya. I.
The provision on transfer of powers to the European Union in practice of Constitutional Courts (Germany and Czech Republic Experience)
Skazin N. A., Brykova D. D., Karagodina E. S., Rymar B. N., Svistak A. V.
The dynamics of borders in the European Union: internal and external challenges
THEORY OF STATE AND LAW
Guryanova V. V.
Theoretical aspects of definitive support of the legal category of «lawmaking»
Dushkina E. V., Karchevskaya N. I., Fomichev D. S.
The influence of legal consciousness on the minimization of legal errors
Ishekov K. A., Popov P. V.
Basic approaches to understanding the legal system in the Russian legal doctrine
Kondratjeva A. N., Krepysheva V. V.
Regulation of family and marriage relations in Tunisia
Malkova L. L.
Legality in public administration: legal and ethical aspects
Spirin M. Yu.
The main stages in the development of Soviet legal morphology (doctrine of sources and forms of law)
Frizen P. D.
Negative social phenomena contributing to the commission of robberies in Russia
Chinaev V. V.
Legal risks of transition to a digital society
Chinaev V. V.
Regulatory design of mechanisms for countering risks in the field of ensuring technological sovereignty of Russia
Khakimova A. R.
Economic crime: individual psychological characteristics of a person
HISTORY OF STATE AND LAW
Vakhitova G. V., Gazizova L. M., Rudman M. N.
Historical and cultural foundations and contradictions of Eurasian ethics
Gabdrakhmanov F. V.
The law and practice of appointment and dismissal of prosecutors in the Soviet Prosecutor’s Office in 1922-1940
Konovalova T. A.
Development of the border customs guard on the southern coast of the Gulf of Finland of the Russian Empire
Stepkin E. Yu.
Zonnenfels’ ideas and their influence on Catherine II’s police reforms
CONSTITUTIONAL LAW
Al-Bazzar O. A. Kh.
Judicial guarantees of the voter, judicial guarantees of the registration procedure in the electoral lists: a comparative legal study (Syria, Egypt and Iraq)
Alieva Z. I., Gadzhiev Z. R.
Historical aspect of the development of the constitutional right to higher education in Russia
Budnik Yu. I.
Constitutionality of Part 2 of Article 2.6.1 of the Code of the Russian Federation on Administrative Offenses
Denikaeva S. E., Huseynova J. S.
On some aspects of restricting the rights of civil servants in the Russian Federation
Iljina O. Yu., Ivanova T. M.
Protection of economic competition in a social State: a constitutional and legal view
Krashennikova T. V.
Problems of functioning of the institute of observation in the electoral process of the Russian Federation
Rabadanova S. S., Magomedova P. R.
Problems of interaction of the Federal Assembly with other bodies during the parliamentary investigation
Farikova E. A.
Problems of ensuring citizens’ information rights in modern Russia
ADMINISTRATIVE LAW
Keramova S. N., Yarakhmedov S. R.
Peculiarities of bringing foreign citizens to administrative responsibility in the Russian Federation
Marakhovskaya K. G., Stepanova S. I.
Difficulties of adaptation: migrant children and the school environment
Keramova S. N., Magomedova A. G.
On the question of the concept and features of administrative and legal regimes in the Russian Federation
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Settlement of disputes under the legislation of the Russian Federation
Agamov J. T.
The problem of bringing to subsidiary liability the persons controlling the debtor who are not members of the management bodies
Yastremskiy I. A.
The patient’s responsibility for improper fulfillment of contractual obligations to the plastic surgery clinic
Andrievskiy K. V., Shestov S. N.
To the question of the changes in financial law in the context of digitalization and globalization
Ananjev R. V.
The place of the convertible loan agreement in the system of civil law contractual structures
Ananjeva E. O., Kachmazova A. Yu.
The policy of legal regulation of the energy industry of the new regions of the country
Akhtyamova E. V., Alsynbayeva E. M., Amineva A. Y., Atnabaeva Yu. V.
Genetic research in the Russian Federation: legal problems and solutions
Gulyaeva T. B., Avdeeva V. A., Savinova N. D.
The institution of recognizing a citizen as missing: legal foundations and problems of judicial practice
Karpova Yu. S.
Contents of the category «remedy of protecting civil rights» and its relation to the category «method of protecting civil rights»
Katanov A. V., Ustuzhanina V. O.
Features of legal regulation of information systems as a place of electronic transactions
Pronina Yu. O.
Support and implementation of the “Startup as a Diploma” program as a type of innovative methodology in the educational process
Sedov P. D.
Geographical indications and names of places of origin of goods in the EAEU countries. Possibility of creating a common registration system
Sinelnikova E. A.
The shareholder and the contract of participation in shared-equity construction: legal gaps and ways to resolve disputes
Andrievskiy K. V., Shestov S. N.
Transformation of the tax legislation of Russian Federation in the conditions of digital economy
Wang L.
Legal problems of placement of children left without parental care in China
Dulaeva Z. S.
Perspectives on the development of possessor protection in Russian civil law and its role
Mokshin S. I.
The object of civil protection and the subject of proof in cases of dispute resolution arising from the surrogacy agreement
Tokarev A. M.
Problems associated with the contract of retail sale on the Internet
Cheremisina K. M., Kalyuzhnaya P. L., Puchkin D. K., Yudina D. V., Zhurman Yu.
The dynamics of opinions on immigration in a comparative perspective: an analysis of the opinions of citizens in different countries
Shubny V. S.
Management of an apartment building: problems of determining the price in the contract and prospects for improving housing legislation
CIVIL PROCESS
Ayrapetyan G. V.
Refusal to apply the statute of limitations as a sanction for abuse of right
Belyasov S. N., Pirogov V. P.
Observance of the procedural period as a guarantee of the right of citizens to a fair trial
Naydenov K. D., Sikach A. S., Voloshina T. V.
Prospects for determining the jurisdiction of civil cases involving jurors in the Russian Federation
FAMILY LAW
Denisova Yu. V.
Mandatory mediation in family disputes
LABOUR LAW
Sarankina Yu. A.
Labor migration: general characteristics and current trends
FINANCIAL LAW
Alieva E. B., Ashurlaeva N. M.
The main problems and effectiveness of excise taxation
Gorokhova A. O.
Crime in the insurance industry: development trends
Mutuev A. I., Alieva E. B.
Practice of tax disputes in the RF and foreign countries
Ochakovskiy V. A., Kesov G. P., Gabrielyan S. S.
Legal regulation of audit secrecy
Ponomarev O. V., Skobileva I. V., Makhonin D. D., Bavin D. E.
Participation of citizens in the budget process as a factor of increasing the efficiency of distribution and utilization of budgetary funds
Pospelova S. V., Dolginov I. S.
Legal aspects of optimization of taxation of enterprises
Yudin I. P., Shcherbinina I. V.
Activities of the Bank of Russia as an entity with public financial powers and a qualified investor in the financial market
ENTREPRENEURIAL LAW
Gorshkov D. A.
Evolution of the legal regulation of the pledge management agreement
Firsova O. N., Zolotаreva I. A.
Features of the creation and development of their own business by beginning business entities in Russia
CORPORATE LAW
Bayramov R. R., Gabdulkhakov M. F., Lavrenova A. S., Redina V. V.
The right to information of members of the corporation
CRIMINAL LAW
Artskhaev D. R., Bohan A. P., Ulezko I. S.
Find or steal? (discussion of the problem)
Asmandiyarova N. R.
Confiscation of property used on the basis of bribery in the context of respect for constitutional rights and legitimate human interests
Dibirov Yu. S.
On the issue of the theoretical content of criminal liability
Lashchenko R. A., Fakov A. M., Mikhailov A. N.
The negative consequences of the globalization of the world economy associated with the intensification of the processes of laundering criminal proceeds
Maksimova K. L., Plevako D. A.
Punishments for mothers who murder newborn children
Marakulin D. A., Shtab O. N.
Crime prevention in the field of protection of cultural heritage sites
Marianov A. A., Ayubova S. I., Karimulaeva E. M.
Problems of prevention prevention of shooting in educational institutions
Radchenko O. V., Averinskaya S. A., Zagainov V. V.
On the issue of the content of the subjective side of driving to suicide
Rozhnov A. P.
General beginnings and principles of sentencing: problems of correlation
Snegovoy M. A.
On the question of the signs of the corpus delicti provided for in Article 280.3 of the Criminal Code of the Russian Federation
Maximova K. L., Lobov N. V., Khamaiko E. S.
Legal responsibility of the Ministry of Emergency Situations employees
Cheremnova N. A., Gorbatsevich O. A., Lyukovets V. P., Zimin N. V.
Qualification of a crime in the case of an excess of the perpetrator
Chochueva Z. A.
The influence of exceptional circumstances on the practice of mitigation of punishment
Yakubova O. P.
Problems of detecting and investigating of fraud in the field of real estate circulation: analysis of the results of a survey of law enforcement officials
Sipyagin N. A.
On some problematic aspects related to the definition of the signs of the subjective side in the context of crimes under Art. 228 and 2281 of the Criminal Code of the Russian Federation
Zakharov A. R.
On some controversial aspects of the qualification of criminal acts under Art. 222 of the Criminal Code
Kurlyshev A. O.
Is academic dishonesty of students a factor that promotes corruption?
Platitsyna L. A.
The problem of decriminalization of the crime stipulated by Article 146 of the Criminal Code of the Russian Federation: theoretical and legal aspect
CRIMINAL PROCESS
Abduragimov Z. M., Isaibova S. A.
The role of a lawyer in criminal proceedings
Abduragimov Z. M., Isaibova S. A.
The role of a lawyer in a special procedure of judicial proceedings
Balovina I. V.
The need for a procedural settlement of cross-examination as a verification action at the stage of initiation of a criminal case
Bilyaev V. A., Klimovskiy A. S., Taranin M.A., Gutnik O. V.
Problems of qualification and proof of bribery in an operational experiment
Biruk M. S.
Involvement as an accused: requirements of the criminal procedure legislation for making a decision in accordance with Article 172 of the Code of Criminal Procedure of the Russian Federation
Bondar M. M., Evstifeeva E. P.
Production of investigative actions using video conferencing systems: problematic aspects of regulatory regulation and law enforcement practice
Gadadov I. S.
Internal conviction of the judge in the evaluation of evidence in the trial of criminal cases
Danilova I. Yu., Suleymanov T. A.
Initiation of a criminal case on crimes related to drug trafficking
Dyakonova V. V.
Controversial issues of application of Part 2 of Article 111 of the Code of Criminal Procedure of the Russian Federation
Eremeev D. V.
Digitization of pre-trial proceedings in criminal cases: some ways of improvement
Eremin S. G., Nikonovich S. L., Vasiljev D. V., Kayrgaliev D. V.
Historical aspects of the formation of the institute of setting property in domestic criminal proceedings
Zapivalov D. A., Izosimov V. S., Shamshina O. S.
House search: problematic issues of criminal procedure regulation and practical practice
Kozlov V. V.
Issues of the implementation of certain constitutional rights of citizens during the seizure and examination of mobile telephone devices during the verification of a crime report
Krupnova E. A., Doronin K. N., Gvozdev A. K., Fatkhiev D. M.
Problematic aspects of the admission of a defender at the stage of preliminary investigation
Makogon I. V., Ignatova E. A.
Peculiarities of drafting a resolution on the initiation of a petition for the election of a preventive measure in the form of house arrest
Mikhaylov V. S.
The use of artificial intelligence in operational investigative activities
Radchenko E. P., Medvedeva I. N.
About some features of criminal proceedings in Georgia
Roshka M. Ya., Cherepnenko E. A.
Historical and legal analysis of the emergence and development of the modern concept of “fraud” in Russian legal science
Savikova Yu. B.
Procedural significance and tactical features of the confrontation
Smolyakov А. А., Pavlov D. V., Chasovnikova O. G.
On the question of the sources of criminal procedure law of Ancient Russia, in the X-Xi centuries
Torovkov A. A., Konovalov A. Yu.
Procedural order for terminating criminal prosecution (criminal case) against a person involved in participation in a special military operation: algorithm of actions of the preliminary investigation authorities
Tsarkova E. G.
Prospects for the use of analytical platforms in the activities of the penal enforcement system of the Russian Federation in the analysis of statistical information
Shamshina O. S.
The issue of guarantees of the implementation of the principle of legality by the investigator when involving a person as an accused
Makogon I. V., Mikhaylov P. A.
Some relevant aspects of the comparative legal analysis of inquiry and preliminary investigation in pre-trial proceedings in Russia
CRIMINAL-EXECUTIVE LAW
Popov I. V.
Analysis of the effectiveness of work with the nonlinear transition detector to prevent unauthorized use of mobile communications in correctional institutions
Asadov V. V.
On the problem of increasing the effectiveness of the application of preventive measures to convicts without isolation from society
Eltsova A. O.
Features of educational impact on female convicts in correctional institutions
Musaleva A. V., Belyakov A. V.
Criminological characteristics of those convicted of crimes against the sexual integrity of minors as well as its role in educational work with the category under consideration
Popov I. V., Ulendeeva N. I.
Current issues of planning and organization of logistical support for the penitentiary system in Russia
Rybalkin V. N.
The legal nature of the institution of substitution of punishment with a milder type of punishment
Useev R. Z.
The procedure for the activities of institutions and bodies that carry out punishments, as an element of the content of the penal (forced labor) legislation of the Russian Federation (RSFSR)
CRIMINALISTICS
Alexeenko S. A.
Some problems of using special knowledge
Amirov R. G., Eremchenko V. I.
Problems of using modern information technologies in crime investigation
Gusev A. V.
Forensic positioning of the material-trace picture of the scene under water
Dubskih P. S.
Current issues of search and cognitive activity via the Internet in the investigation of crimes and its essence
Dyrma S. V.
On the issue of interaction of the Internal affairs bodies of the Russian Federation with credit organizations in the implementation of operational investigative activities
Evlushina D. N.
On certain aspects of the use of digital traces during the investigation of crimes in the field of information technology
Eremin S. G., Safonova Yu. S.
The use of special knowledge in the investigation of crimes against the interests of the service in commercial organizations
Kachalov V. G.
Planning and organization of the investigation of illicit trafficking in tobacco products
Kornakova S. V.
Some aspects of the interrogation of a minor
Kiseleva M. A., Goncharova M. A.
Features of working with biological traces at the scene of crimes against sexual integrity of the individual
Kokorev R. A.
Stages of formation of the mechanism of crimes committed using information technology
Rusanov N. Yu., Yatsenko S. V.
On some tasks solved during an inspection of a site of illegal logging of forest plantations
Safonov D. A.
Actual questions of criminalistic characterization of hooliganism committed by foreign citizens and stateless persons with the use of weapons or objects used as weapons
Chernigovskiy V. N.
The possibilities of using a physico-chemical method using a cyanoacrylate chamber to detect handprints
Yusupkadieva S. N., Abdurakhmanova E. G.
On the question of the properties and signs of papillary patterns
Yachmeneva M. A.
On the issue of some problems in the investigation of crimes related to drug trafficking committed using electronic or information and telecommunication networks, including the Internet
Rusanov N. Yu., Shebalin A. V.
On the issue of criminalistic characteristics of the illegal production of synthetic narcotic drugs
CRIMINOLOGY
Aliev Sh. I., Tailova A. G., Kakhrumanova S. A.
Understanding cybercrime in the «real world»
Bichenova A. R.
The main determinants of female crime in Russia
Averinskaya S. A., Radchenko E. I.
Criminological aspects of organizing prostitution
Arslangereev A. M., Umarieva F. M., Magomedova A. I.
Chemical terrorism as a global problem of our time
Nesterenko A. V.
On the classification of negative social phenomena related to crime
Stepanova A. Yu.
Theoretical aspect of the content of countering crimes occurring in pre-trial detention centers
Khokhlov A. V.
The role of criminalization in the phenomenon of criminal law impact
LAW ENFORCEMENT AGENCIES
Belova S. N., Zakharova E. E.
The problem of excess weight in police and its negative impact on the performance of official duties
Druzhinin A. V., Lavrichenko R. K., Tulskaya E. A.
Applied aspects of ensuring the personal safety of a police officer during an armed attack
Tsarkova E. G., Zorina N. S.
Determinants of juvenile delinquency and personality characteristics of a juvenile offender
SECURITY AND LAW
Arslanov A. A., Batyrshina J. R., Kozlova Y. B., Mukhametchina E. D.
Current online communications in Russia: problems and trends
Karchaeva K. A.
General characteristics of crimes and offences on the «Internet»
Kovsh S. V., Dezhurniy A. A., Korenyugin V. V.
Legal regulation of ensuring the information security of minors in the context of the development of the information society
Klimovskiy A. S., Taranin M. A.
Features of prevention measures in relation to crimes of a terrorist nature and extremist orientation
Mammadov T. S., Boytsov A. S.
Comparative analysis of labor protection standards in the Republic of Azerbaijan and the Republic of Turkey
Fedosov A. V., Bashirova D. V., Fedosova E. A., Zaripov I. I.
Changing the legal requirements for the procedure for providing employees with personal protective equipment
Karchaeva K. A.
Patriotic education as an integral component of ensuring the national security of the Russian Federation
PEDAGOGY AND LAW
Yevsikova E. V., Kovalishina K. V.
On the issue of the regulation of blogging activity in the context of the influence on the formation of the personality of a minor (psychological and pedagogical aspect)
Krautman T. E.
Using of linguistic examination of extremist texts in teaching of foreign languages in educational organizations of the Ministry of Internal Affairs of Russia
Latypova E. R., Bogatyreva Yu. O., Latypov N. N.
The process of socio-cultural adaptation of foreign students in Russian universities
Marianov A. A., Mirzaev Z. M., Mirzaeva Z. Z.
Independent work of students
Meisurov Sh. S.
Problems of modern legal education in the context of the formation of the information society
Khayrullova E. T., Inozemtseva Yu. Yu., Erkeev I. K.
To some methods of activating cognitive activities of students
PSYCHOLOGY AND LAW
Zhabkin A. S., Shevchenko S. V., Lipanin E. A., Yarmukhametov A. K.
Features of adaptation of police officers to professional activity
Idrysheva S. K., Sokolskaya L. V., Valentonis A. S.
Ethical and legal dilemmas arising during biological and social emergencies
Yamalitdinov A. A., Orekhova N. A., Sharafutdinov I. S., Khorolskiy V. V.
Problems of ensuring the readiness of police officers to serve in special conditions
STATE AND LAW
Butyaykin I. A.
The use of modern and classical technologies of elections conduct in the Russian Federation for the development and implementation of democratic values in the Russian Federation
Kitaeva A. V., Zinkov E. N.
Foreign experience of state participation in joint stock companies
Kurbanov A. R., Gasanaliev A. S.
Problems of interaction of executive authorities in the Russian Federation
Pugina V. I., Burnos A. V., Kholod E. K., Gomenyuk V. A., Nesina A. M.
Populism and its impact on the desire for redistribution in the context of a pandemic
Galitskaya E. S., Minachev G. R., Gerashchenko N. A., Lyasheva E. A., Popova V. K.
Context in media communication: an analysis of European political discourse
Mishchuk A. I., Stepanova A. S., Selina T. O., Grishchenko V. V.
The dynamics of immigration policy: the relationship between public opinion and policy
SOCIOLOGY AND LAW
Bredikhin A. V., Sorokoumov E. A.
“New media” in the system of political conflicts
LANGUAGE AND LAW
Makayev Kh. F., Makayeva G. Z., Ibatulina L. M.
Transformations in translating legal texts from English into Russian
ECONOMY. LAW. SOCIETY
Semin A. N., Gusmanov R. U., Subkhangulov R. R.
On the problems of forming the innovative potential of resource-type industries
Alieva Z. M., Tailova A. G., Ibragimov M. T.
The relationship between income inequality and economic growth
Bayrushina F. F., Gabbasova E. I.
Problems of small business development in Russia under sanctions pressure
Byakov D. V.
Social factors of attracting young people to sports (review of foreign literature)
Gaysina G. A., Yangurazova Z. A., Nurutdinov A. A.
Current state and prospects for the development of gasification and gas supply in the Republic of Bashkortostan
Galimullina N. A., Maksimov G. V., Fayzullina A. S.
Forecasting the socio-economic development of a municipality
Ganin P. V.
Main problems of development of the energy economy of the economic system of the Russian Federation in modern conditions
Zaytsev D. A.
Risks for economic agents associated with platform employment in developing countries
Kuprina I. V., Novikova E. V.
Measures to stimulate foreign economic activity
Mergasov A. V.
Modernization of the banking system of the Russian Federation in the context of Eurasian economic integration
Uvarova M. N., Polshakova N. V., Grishina S. Yu.
Monitoring of the resource potential and sustainability of the sugar beet subcomplex of the region
Khalikova E. A., Fryazinov N. Yu.
Multi-criteria analysis of the selection of suppliers for the purchase of technological equipment using digital solutions
Cheremisina T. N., Komarov K. S., Drozhzhin N. A.
Demographic Situation of the Tambov Region: Overcoming the Crisis
Khruslovskiy V. A.
The transformation of education under the influence of the development of IT technologies: a brief review of foreign literature
Tian Shuqi
Russian-Chinese economic and scientific-technical cooperation: formation and development
Fan Wei
The growing role of ‘green’ finance in promoting renewable energy development in China
Zhou Minghao
Human resource management strategy as the main tool within the human resource management approach
Mukhametshin I. R., Gareeva Z. A.
Current features of pricing in the oil market
PHILOSOPHY. LAW. SOCIETY
Egorova O. I., Gladilova E. A., Fomina D. S.
Philosophical analysis of the influence of cultural differences in the professional activity of a higher schoolteacher
Magomedova F. Ya., Rabadanova A. A., Gasandibirova M. A., Dibraev A. D.
Ethical and legal analysis of artificial termination of pregnancy
Madzhuga A. G., Gaisina G. I., Vaknin E. E.
The cultural approach as a methodological basis for post-non-classical education
Timoshchuk E. A., Timoshchuk I. A.
Fabulizing positivism or the fictional dragon of anthropological vulnerability
Tuchvatullin R. R., Shayakhmenov F. F.
Contemporary geopolitical crisis and the formation of a new world order
Khomich N. V., Bodyak M. G.
The conditional world and its role in the creation of social myths
Khazieva R. R., Sattarova R. V.
Problem of justice and law merging in social-legal views of B. N. Cardozo
Egorova O. I., Zueva E. K., Gladilova E. A.
The legal meaning of human rights through the prism of moral philosophy (using the example of the categorical imperative of I. Kant)
S. Ovchinskiy:
Generative models of artificial intelligence: dangerous enemies or assistants to investigators and police officers?
Interview with Vladimir Semyonovich Ovchinskiy, Advisor to the Minister of Internal Affairs of the Russian Federation, Ph.D. in Law, Honored Lawyer of the Russian Federation
INTERNATIONAL LAW
Mishalchenko M. Yu., Pavlenko K. I.
Nord Stream 2: international legal aspects of pipeline construction
Stepanova S. I.
Dispute resolution in international maritime law: the role of international courts
Lancelot G. Wills
Uti Possidetis, ita Possidietas. ‘Then and now’
Farkhutdinov I. Z.
“Battle of the Books”. “The Doctrine of Two Spheres”. The emergence of the concept of free navigation – the main catalyst for the formation of international law
Alieva M. N., Gadzhiev A. G.
The Institute of Neutrality in the period of armed conflict: modern challenges and problems of interpretation
Gulyaeva E. E.
On the emergence and development of international norm-setting in the era of M. M. Speransky (the first half of the XIX century)
Makhmutova L. A.
Development of tools for state support of Russian exports and imports in modern conditions
Smirnova M. I.
Implementation of the rights of the deaf in law enforcement in Russia and America
Akhmedova I. V.
International legal and national regulation of extradition
Marakhovskaya K. G.
The impact of armed conflict on the safety of navigation
Gomenyuk M. A., Klementjeva D. A., Skachkova M. A., Basenko D. V., Vetrova A. A.
Transformation of national policy under the influence of European Integration: challenges and prospects of European democracy
Ershova A. A., Maslov P. N., Kotik A. O., Yarosh D. R., Veretelnikova R. R.
Models and approaches to the analysis of European integration
Kungurova A. A., Kazymov A. I., Goryachkina M. M., Turov S. S., Sofrina A. A.
Liberalism in Europe: the European Union’s response to political trends
Mastyukova I. I., Babicheva A. S., Pestretsov I. V., Kutsepalova V. S., Vinogradova S. A.
Dynamics of integration processes in the European Union: from borders to economic strategies
Medvedeva D. O., Belousov N. A., Khlyupov I. V., Verkhoturova D. A., Vdovenkova O. V.
Integration and crises in the European Union: An analysis of political and social responses
Mokhamed Salem Abdalahe Taleb
International legal status of Western Sahara
INTERNATIONAL PRIVATE LAW
Baturyan M. A., Goloborodko A. V.
Solving the problems of the practical application of the backlink in private international law on the example of Russian legislation
EUROPEAN LAW
Lebedeva Ya. I.
The provision on transfer of powers to the European Union in practice of Constitutional Courts (Germany and Czech Republic Experience)
Skazin N. A., Brykova D. D., Karagodina E. S., Rymar B. N., Svistak A. V.
The dynamics of borders in the European Union: internal and external challenges
THEORY OF STATE AND LAW
Guryanova V. V.
Theoretical aspects of definitive support of the legal category of «lawmaking»
Dushkina E. V., Karchevskaya N. I., Fomichev D. S.
The influence of legal consciousness on the minimization of legal errors
Ishekov K. A., Popov P. V.
Basic approaches to understanding the legal system in the Russian legal doctrine
Kondratjeva A. N., Krepysheva V. V.
Regulation of family and marriage relations in Tunisia
Malkova L. L.
Legality in public administration: legal and ethical aspects
Spirin M. Yu.
The main stages in the development of Soviet legal morphology (doctrine of sources and forms of law)
Frizen P. D.
Negative social phenomena contributing to the commission of robberies in Russia
Chinaev V. V.
Legal risks of transition to a digital society
Chinaev V. V.
Regulatory design of mechanisms for countering risks in the field of ensuring technological sovereignty of Russia
Khakimova A. R.
Economic crime: individual psychological characteristics of a person
HISTORY OF STATE AND LAW
Vakhitova G. V., Gazizova L. M., Rudman M. N.
Historical and cultural foundations and contradictions of Eurasian ethics
Gabdrakhmanov F. V.
The law and practice of appointment and dismissal of prosecutors in the Soviet Prosecutor’s Office in 1922-1940
Konovalova T. A.
Development of the border customs guard on the southern coast of the Gulf of Finland of the Russian Empire
Stepkin E. Yu.
Zonnenfels’ ideas and their influence on Catherine II’s police reforms
CONSTITUTIONAL LAW
Al-Bazzar O. A. Kh.
Judicial guarantees of the voter, judicial guarantees of the registration procedure in the electoral lists: a comparative legal study (Syria, Egypt and Iraq)
Alieva Z. I., Gadzhiev Z. R.
Historical aspect of the development of the constitutional right to higher education in Russia
Budnik Yu. I.
Constitutionality of Part 2 of Article 2.6.1 of the Code of the Russian Federation on Administrative Offenses
Denikaeva S. E., Huseynova J. S.
On some aspects of restricting the rights of civil servants in the Russian Federation
Iljina O. Yu., Ivanova T. M.
Protection of economic competition in a social State: a constitutional and legal view
Krashennikova T. V.
Problems of functioning of the institute of observation in the electoral process of the Russian Federation
Rabadanova S. S., Magomedova P. R.
Problems of interaction of the Federal Assembly with other bodies during the parliamentary investigation
Farikova E. A.
Problems of ensuring citizens’ information rights in modern Russia
ADMINISTRATIVE LAW
Keramova S. N., Yarakhmedov S. R.
Peculiarities of bringing foreign citizens to administrative responsibility in the Russian Federation
Marakhovskaya K. G., Stepanova S. I.
Difficulties of adaptation: migrant children and the school environment
Keramova S. N., Magomedova A. G.
On the question of the concept and features of administrative and legal regimes in the Russian Federation
CIVIL LAW
Ananjeva E. O., Ivliev P. V.
Settlement of disputes under the legislation of the Russian Federation
Agamov J. T.
The problem of bringing to subsidiary liability the persons controlling the debtor who are not members of the management bodies
Yastremskiy I. A.
The patient’s responsibility for improper fulfillment of contractual obligations to the plastic surgery clinic
Andrievskiy K. V., Shestov S. N.
To the question of the changes in financial law in the context of digitalization and globalization
Ananjev R. V.
The place of the convertible loan agreement in the system of civil law contractual structures
Ananjeva E. O., Kachmazova A. Yu.
The policy of legal regulation of the energy industry of the new regions of the country
Akhtyamova E. V., Alsynbayeva E. M., Amineva A. Y., Atnabaeva Yu. V.
Genetic research in the Russian Federation: legal problems and solutions
Gulyaeva T. B., Avdeeva V. A., Savinova N. D.
The institution of recognizing a citizen as missing: legal foundations and problems of judicial practice
Karpova Yu. S.
Contents of the category «remedy of protecting civil rights» and its relation to the category «method of protecting civil rights»
Katanov A. V., Ustuzhanina V. O.
Features of legal regulation of information systems as a place of electronic transactions
Pronina Yu. O.
Support and implementation of the “Startup as a Diploma” program as a type of innovative methodology in the educational process
Sedov P. D.
Geographical indications and names of places of origin of goods in the EAEU countries. Possibility of creating a common registration system
Sinelnikova E. A.
The shareholder and the contract of participation in shared-equity construction: legal gaps and ways to resolve disputes
Andrievskiy K. V., Shestov S. N.
Transformation of the tax legislation of Russian Federation in the conditions of digital economy
Wang L.
Legal problems of placement of children left without parental care in China
Dulaeva Z. S.
Perspectives on the development of possessor protection in Russian civil law and its role
Mokshin S. I.
The object of civil protection and the subject of proof in cases of dispute resolution arising from the surrogacy agreement
Tokarev A. M.
Problems associated with the contract of retail sale on the Internet
Cheremisina K. M., Kalyuzhnaya P. L., Puchkin D. K., Yudina D. V., Zhurman Yu.
The dynamics of opinions on immigration in a comparative perspective: an analysis of the opinions of citizens in different countries
Shubny V. S.
Management of an apartment building: problems of determining the price in the contract and prospects for improving housing legislation
CIVIL PROCESS
Ayrapetyan G. V.
Refusal to apply the statute of limitations as a sanction for abuse of right
Belyasov S. N., Pirogov V. P.
Observance of the procedural period as a guarantee of the right of citizens to a fair trial
Naydenov K. D., Sikach A. S., Voloshina T. V.
Prospects for determining the jurisdiction of civil cases involving jurors in the Russian Federation
FAMILY LAW
Denisova Yu. V.
Mandatory mediation in family disputes
LABOUR LAW
Sarankina Yu. A.
Labor migration: general characteristics and current trends
FINANCIAL LAW
Alieva E. B., Ashurlaeva N. M.
The main problems and effectiveness of excise taxation
Gorokhova A. O.
Crime in the insurance industry: development trends
Mutuev A. I., Alieva E. B.
Practice of tax disputes in the RF and foreign countries
Ochakovskiy V. A., Kesov G. P., Gabrielyan S. S.
Legal regulation of audit secrecy
Ponomarev O. V., Skobileva I. V., Makhonin D. D., Bavin D. E.
Participation of citizens in the budget process as a factor of increasing the efficiency of distribution and utilization of budgetary funds
Pospelova S. V., Dolginov I. S.
Legal aspects of optimization of taxation of enterprises
Yudin I. P., Shcherbinina I. V.
Activities of the Bank of Russia as an entity with public financial powers and a qualified investor in the financial market
ENTREPRENEURIAL LAW
Gorshkov D. A.
Evolution of the legal regulation of the pledge management agreement
Firsova O. N., Zolotаreva I. A.
Features of the creation and development of their own business by beginning business entities in Russia
CORPORATE LAW
Bayramov R. R., Gabdulkhakov M. F., Lavrenova A. S., Redina V. V.
The right to information of members of the corporation
CRIMINAL LAW
Artskhaev D. R., Bohan A. P., Ulezko I. S.
Find or steal? (discussion of the problem)
Asmandiyarova N. R.
Confiscation of property used on the basis of bribery in the context of respect for constitutional rights and legitimate human interests
Dibirov Yu. S.
On the issue of the theoretical content of criminal liability
Lashchenko R. A., Fakov A. M., Mikhailov A. N.
The negative consequences of the globalization of the world economy associated with the intensification of the processes of laundering criminal proceeds
Maksimova K. L., Plevako D. A.
Punishments for mothers who murder newborn children
Marakulin D. A., Shtab O. N.
Crime prevention in the field of protection of cultural heritage sites
Marianov A. A., Ayubova S. I., Karimulaeva E. M.
Problems of prevention prevention of shooting in educational institutions
Radchenko O. V., Averinskaya S. A., Zagainov V. V.
On the issue of the content of the subjective side of driving to suicide
Rozhnov A. P.
General beginnings and principles of sentencing: problems of correlation
Snegovoy M. A.
On the question of the signs of the corpus delicti provided for in Article 280.3 of the Criminal Code of the Russian Federation
Maximova K. L., Lobov N. V., Khamaiko E. S.
Legal responsibility of the Ministry of Emergency Situations employees
Cheremnova N. A., Gorbatsevich O. A., Lyukovets V. P., Zimin N. V.
Qualification of a crime in the case of an excess of the perpetrator
Chochueva Z. A.
The influence of exceptional circumstances on the practice of mitigation of punishment
Yakubova O. P.
Problems of detecting and investigating of fraud in the field of real estate circulation: analysis of the results of a survey of law enforcement officials
Sipyagin N. A.
On some problematic aspects related to the definition of the signs of the subjective side in the context of crimes under Art. 228 and 2281 of the Criminal Code of the Russian Federation
Zakharov A. R.
On some controversial aspects of the qualification of criminal acts under Art. 222 of the Criminal Code
Kurlyshev A. O.
Is academic dishonesty of students a factor that promotes corruption?
Platitsyna L. A.
The problem of decriminalization of the crime stipulated by Article 146 of the Criminal Code of the Russian Federation: theoretical and legal aspect
CRIMINAL PROCESS
Abduragimov Z. M., Isaibova S. A.
The role of a lawyer in criminal proceedings
Abduragimov Z. M., Isaibova S. A.
The role of a lawyer in a special procedure of judicial proceedings
Balovina I. V.
The need for a procedural settlement of cross-examination as a verification action at the stage of initiation of a criminal case
Bilyaev V. A., Klimovskiy A. S., Taranin M.A., Gutnik O. V.
Problems of qualification and proof of bribery in an operational experiment
Biruk M. S.
Involvement as an accused: requirements of the criminal procedure legislation for making a decision in accordance with Article 172 of the Code of Criminal Procedure of the Russian Federation
Bondar M. M., Evstifeeva E. P.
Production of investigative actions using video conferencing systems: problematic aspects of regulatory regulation and law enforcement practice
Gadadov I. S.
Internal conviction of the judge in the evaluation of evidence in the trial of criminal cases
Danilova I. Yu., Suleymanov T. A.
Initiation of a criminal case on crimes related to drug trafficking
Dyakonova V. V.
Controversial issues of application of Part 2 of Article 111 of the Code of Criminal Procedure of the Russian Federation
Eremeev D. V.
Digitization of pre-trial proceedings in criminal cases: some ways of improvement
Eremin S. G., Nikonovich S. L., Vasiljev D. V., Kayrgaliev D. V.
Historical aspects of the formation of the institute of setting property in domestic criminal proceedings
Zapivalov D. A., Izosimov V. S., Shamshina O. S.
House search: problematic issues of criminal procedure regulation and practical practice
Kozlov V. V.
Issues of the implementation of certain constitutional rights of citizens during the seizure and examination of mobile telephone devices during the verification of a crime report
Krupnova E. A., Doronin K. N., Gvozdev A. K., Fatkhiev D. M.
Problematic aspects of the admission of a defender at the stage of preliminary investigation
Makogon I. V., Ignatova E. A.
Peculiarities of drafting a resolution on the initiation of a petition for the election of a preventive measure in the form of house arrest
Mikhaylov V. S.
The use of artificial intelligence in operational investigative activities
Radchenko E. P., Medvedeva I. N.
About some features of criminal proceedings in Georgia
Roshka M. Ya., Cherepnenko E. A.
Historical and legal analysis of the emergence and development of the modern concept of “fraud” in Russian legal science
Savikova Yu. B.
Procedural significance and tactical features of the confrontation
Smolyakov А. А., Pavlov D. V., Chasovnikova O. G.
On the question of the sources of criminal procedure law of Ancient Russia, in the X-Xi centuries
Torovkov A. A., Konovalov A. Yu.
Procedural order for terminating criminal prosecution (criminal case) against a person involved in participation in a special military operation: algorithm of actions of the preliminary investigation authorities
Tsarkova E. G.
Prospects for the use of analytical platforms in the activities of the penal enforcement system of the Russian Federation in the analysis of statistical information
Shamshina O. S.
The issue of guarantees of the implementation of the principle of legality by the investigator when involving a person as an accused
Makogon I. V., Mikhaylov P. A.
Some relevant aspects of the comparative legal analysis of inquiry and preliminary investigation in pre-trial proceedings in Russia
CRIMINAL-EXECUTIVE LAW
Popov I. V.
Analysis of the effectiveness of work with the nonlinear transition detector to prevent unauthorized use of mobile communications in correctional institutions
Asadov V. V.
On the problem of increasing the effectiveness of the application of preventive measures to convicts without isolation from society
Eltsova A. O.
Features of educational impact on female convicts in correctional institutions
Musaleva A. V., Belyakov A. V.
Criminological characteristics of those convicted of crimes against the sexual integrity of minors as well as its role in educational work with the category under consideration
Popov I. V., Ulendeeva N. I.
Current issues of planning and organization of logistical support for the penitentiary system in Russia
Rybalkin V. N.
The legal nature of the institution of substitution of punishment with a milder type of punishment
Useev R. Z.
The procedure for the activities of institutions and bodies that carry out punishments, as an element of the content of the penal (forced labor) legislation of the Russian Federation (RSFSR)
CRIMINALISTICS
Alexeenko S. A.
Some problems of using special knowledge
Amirov R. G., Eremchenko V. I.
Problems of using modern information technologies in crime investigation
Gusev A. V.
Forensic positioning of the material-trace picture of the scene under water
Dubskih P. S.
Current issues of search and cognitive activity via the Internet in the investigation of crimes and its essence
Dyrma S. V.
On the issue of interaction of the Internal affairs bodies of the Russian Federation with credit organizations in the implementation of operational investigative activities
Evlushina D. N.
On certain aspects of the use of digital traces during the investigation of crimes in the field of information technology
Eremin S. G., Safonova Yu. S.
The use of special knowledge in the investigation of crimes against the interests of the service in commercial organizations
Kachalov V. G.
Planning and organization of the investigation of illicit trafficking in tobacco products
Kornakova S. V.
Some aspects of the interrogation of a minor
Kiseleva M. A., Goncharova M. A.
Features of working with biological traces at the scene of crimes against sexual integrity of the individual
Kokorev R. A.
Stages of formation of the mechanism of crimes committed using information technology
Rusanov N. Yu., Yatsenko S. V.
On some tasks solved during an inspection of a site of illegal logging of forest plantations
Safonov D. A.
Actual questions of criminalistic characterization of hooliganism committed by foreign citizens and stateless persons with the use of weapons or objects used as weapons
Chernigovskiy V. N.
The possibilities of using a physico-chemical method using a cyanoacrylate chamber to detect handprints
Yusupkadieva S. N., Abdurakhmanova E. G.
On the question of the properties and signs of papillary patterns
Yachmeneva M. A.
On the issue of some problems in the investigation of crimes related to drug trafficking committed using electronic or information and telecommunication networks, including the Internet
Rusanov N. Yu., Shebalin A. V.
On the issue of criminalistic characteristics of the illegal production of synthetic narcotic drugs
CRIMINOLOGY
Aliev Sh. I., Tailova A. G., Kakhrumanova S. A.
Understanding cybercrime in the «real world»
Bichenova A. R.
The main determinants of female crime in Russia
Averinskaya S. A., Radchenko E. I.
Criminological aspects of organizing prostitution
Arslangereev A. M., Umarieva F. M., Magomedova A. I.
Chemical terrorism as a global problem of our time
Nesterenko A. V.
On the classification of negative social phenomena related to crime
Stepanova A. Yu.
Theoretical aspect of the content of countering crimes occurring in pre-trial detention centers
Khokhlov A. V.
The role of criminalization in the phenomenon of criminal law impact
LAW ENFORCEMENT AGENCIES
Belova S. N., Zakharova E. E.
The problem of excess weight in police and its negative impact on the performance of official duties
Druzhinin A. V., Lavrichenko R. K., Tulskaya E. A.
Applied aspects of ensuring the personal safety of a police officer during an armed attack
Tsarkova E. G., Zorina N. S.
Determinants of juvenile delinquency and personality characteristics of a juvenile offender
SECURITY AND LAW
Arslanov A. A., Batyrshina J. R., Kozlova Y. B., Mukhametchina E. D.
Current online communications in Russia: problems and trends
Karchaeva K. A.
General characteristics of crimes and offences on the «Internet»
Kovsh S. V., Dezhurniy A. A., Korenyugin V. V.
Legal regulation of ensuring the information security of minors in the context of the development of the information society
Klimovskiy A. S., Taranin M. A.
Features of prevention measures in relation to crimes of a terrorist nature and extremist orientation
Mammadov T. S., Boytsov A. S.
Comparative analysis of labor protection standards in the Republic of Azerbaijan and the Republic of Turkey
Fedosov A. V., Bashirova D. V., Fedosova E. A., Zaripov I. I.
Changing the legal requirements for the procedure for providing employees with personal protective equipment
Karchaeva K. A.
Patriotic education as an integral component of ensuring the national security of the Russian Federation
PEDAGOGY AND LAW
Yevsikova E. V., Kovalishina K. V.
On the issue of the regulation of blogging activity in the context of the influence on the formation of the personality of a minor (psychological and pedagogical aspect)
Krautman T. E.
Using of linguistic examination of extremist texts in teaching of foreign languages in educational organizations of the Ministry of Internal Affairs of Russia
Latypova E. R., Bogatyreva Yu. O., Latypov N. N.
The process of socio-cultural adaptation of foreign students in Russian universities
Marianov A. A., Mirzaev Z. M., Mirzaeva Z. Z.
Independent work of students
Meisurov Sh. S.
Problems of modern legal education in the context of the formation of the information society
Khayrullova E. T., Inozemtseva Yu. Yu., Erkeev I. K.
To some methods of activating cognitive activities of students
PSYCHOLOGY AND LAW
Zhabkin A. S., Shevchenko S. V., Lipanin E. A., Yarmukhametov A. K.
Features of adaptation of police officers to professional activity
Idrysheva S. K., Sokolskaya L. V., Valentonis A. S.
Ethical and legal dilemmas arising during biological and social emergencies
Yamalitdinov A. A., Orekhova N. A., Sharafutdinov I. S., Khorolskiy V. V.
Problems of ensuring the readiness of police officers to serve in special conditions
STATE AND LAW
Butyaykin I. A.
The use of modern and classical technologies of elections conduct in the Russian Federation for the development and implementation of democratic values in the Russian Federation
Kitaeva A. V., Zinkov E. N.
Foreign experience of state participation in joint stock companies
Kurbanov A. R., Gasanaliev A. S.
Problems of interaction of executive authorities in the Russian Federation
Pugina V. I., Burnos A. V., Kholod E. K., Gomenyuk V. A., Nesina A. M.
Populism and its impact on the desire for redistribution in the context of a pandemic
Galitskaya E. S., Minachev G. R., Gerashchenko N. A., Lyasheva E. A., Popova V. K.
Context in media communication: an analysis of European political discourse
Mishchuk A. I., Stepanova A. S., Selina T. O., Grishchenko V. V.
The dynamics of immigration policy: the relationship between public opinion and policy
SOCIOLOGY AND LAW
Bredikhin A. V., Sorokoumov E. A.
“New media” in the system of political conflicts
LANGUAGE AND LAW
Makayev Kh. F., Makayeva G. Z., Ibatulina L. M.
Transformations in translating legal texts from English into Russian
ECONOMY. LAW. SOCIETY
Semin A. N., Gusmanov R. U., Subkhangulov R. R.
On the problems of forming the innovative potential of resource-type industries
Alieva Z. M., Tailova A. G., Ibragimov M. T.
The relationship between income inequality and economic growth
Bayrushina F. F., Gabbasova E. I.
Problems of small business development in Russia under sanctions pressure
Byakov D. V.
Social factors of attracting young people to sports (review of foreign literature)
Gaysina G. A., Yangurazova Z. A., Nurutdinov A. A.
Current state and prospects for the development of gasification and gas supply in the Republic of Bashkortostan
Galimullina N. A., Maksimov G. V., Fayzullina A. S.
Forecasting the socio-economic development of a municipality
Ganin P. V.
Main problems of development of the energy economy of the economic system of the Russian Federation in modern conditions
Zaytsev D. A.
Risks for economic agents associated with platform employment in developing countries
Kuprina I. V., Novikova E. V.
Measures to stimulate foreign economic activity
Mergasov A. V.
Modernization of the banking system of the Russian Federation in the context of Eurasian economic integration
Uvarova M. N., Polshakova N. V., Grishina S. Yu.
Monitoring of the resource potential and sustainability of the sugar beet subcomplex of the region
Khalikova E. A., Fryazinov N. Yu.
Multi-criteria analysis of the selection of suppliers for the purchase of technological equipment using digital solutions
Cheremisina T. N., Komarov K. S., Drozhzhin N. A.
Demographic Situation of the Tambov Region: Overcoming the Crisis
Khruslovskiy V. A.
The transformation of education under the influence of the development of IT technologies: a brief review of foreign literature
Tian Shuqi
Russian-Chinese economic and scientific-technical cooperation: formation and development
Fan Wei
The growing role of ‘green’ finance in promoting renewable energy development in China
Zhou Minghao
Human resource management strategy as the main tool within the human resource management approach
Mukhametshin I. R., Gareeva Z. A.
Current features of pricing in the oil market
PHILOSOPHY. LAW. SOCIETY
Egorova O. I., Gladilova E. A., Fomina D. S.
Philosophical analysis of the influence of cultural differences in the professional activity of a higher schoolteacher
Magomedova F. Ya., Rabadanova A. A., Gasandibirova M. A., Dibraev A. D.
Ethical and legal analysis of artificial termination of pregnancy
Madzhuga A. G., Gaisina G. I., Vaknin E. E.
The cultural approach as a methodological basis for post-non-classical education
Timoshchuk E. A., Timoshchuk I. A.
Fabulizing positivism or the fictional dragon of anthropological vulnerability
Tuchvatullin R. R., Shayakhmenov F. F.
Contemporary geopolitical crisis and the formation of a new world order
Khomich N. V., Bodyak M. G.
The conditional world and its role in the creation of social myths
Khazieva R. R., Sattarova R. V.
Problem of justice and law merging in social-legal views of B. N. Cardozo
Egorova O. I., Zueva E. K., Gladilova E. A.
The legal meaning of human rights through the prism of moral philosophy (using the example of the categorical imperative of I. Kant)
PERSONA GRATA
S. Ovchinskiy:
Generative models of artificial intelligence: dangerous enemies or assistants to investigators and police officers?
Interview with Vladimir Semyonovich Ovchinskiy, Advisor to the Minister of Internal Affairs of the Russian Federation, Ph.D. in Law, Honored Lawyer of the Russian Federation
INTERNATIONAL LAW
MISHALCHENKO Mariya Yurjevna
lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
PAVLENKO Kseniya Ivanovna
lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
NORD STREAM 2: INTERNATIONAL LEGAL ASPECTS OF PIPELINE CONSTRUCTION
The article is devoted to one of the most controversial projects in the energy policy of the European Union – the Nord Stream 2 pipeline. The authors review the history of the project, analyze the legal and environmental obstacles that the pipeline encountered during the construction stages.
Keywords: NordStream 2, pipeline, natural gas, the European Union (EU), the EU energy policy, sanctions, international energy law.
Bibliographic list of articles
1. Shareholders signed an agreement on Nord Stream 2. – [Electronic resource]. – Access mode: https://iz.ru/news/590969 (access date: 09/01/2023).
2. EU hydrogen strategy. – [Electronic resource]. – Access mode: EUR-Lex – 52020DC0301 – EN – EUR-Lex (europa.eu) (date of access: 09/18/2023).
3. Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common internal market rules for natural gas and repealing Directive 2003/55/EC. – [Electronic resource]. – Access mode: https://base.garant.ru/2570432/ (date of access: 08/31/2023).
4. Countering America’s Adversaries Through Sanctions Act of August 2, 2017. – [Electronic resource]. – Access mode: https://european-court-help.ru/sankcionny-e-zakony-ssha-countering-america-s-adversaries-through-sanctions-act-caatsa-zakon-o-protivodejstvii-protivnikam-ameriki- cherez-sankcii-ot-2017-goda/ (date of access: 09.15.2023).
5. Classification of hydrogen by color. – [Electronic resource]. – Access mode: https://neftegaz.ru/tech-library/energoresursy-toplivo/672526-klassifikatsiya-vodoroda-po-tsvetu/ (date of access: 08/10/2023).
6. UN Convention on the Law of the Sea. – [Electronic resource]. – Access mode: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_r.pdf (access date: 09.15.2023).
7. Medvedev announced the delay period for Nord Stream 2 due to US sanctions. – [Electronic resource]. – Access mode: https://www.rbc.ru/politics/23/12/2019/5e00ec009a7947840e67be97 (date of access: 09/10/2023).
8. The pipes are ready. Construction of Nord Stream 2 will begin without Danish permission. – [Electronic resource]. – Access mode: https://www.forbes.ru/biznes/363889-truby-gotovy-severnyy-potok-2-nachnut-stroit-i-bez-razresheniya-danii (access date: 09/01/2023).
9. What happened to Russian exports to the EU after a year of conflict. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5928636#:~:text=For%202022%20%20export%20 of Gazprom, up to%2023–25%20 billion%20 cubic meters (date of access: 01.09. 2023).
10. Francesca Morra. NordStream 2: TheLegalContext. – [Electronic resource]. – Access mode: https://www.ispionline.it/en/publication/nord-stream-2-legal-context-17574 (access date: 09/03/2023).
11. The Nord Stream 2 pipeline. Economic, environmental and geopolitical issues. – [Electronic resource]. – Access mode: https://www.europarl.europa.eu/RegData/etudes/BRIE/2021/690705/EPRS_BRI(2021)690705_EN.pdf (access date: 07/11/2023)
INTERNATIONAL LAW
STEPANOVA Svetlana Igorevna
student of the 4th course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
DISPUTE RESOLUTION IN INTERNATIONAL MARITIME LAW: THE ROLE OF INTERNATIONAL COURTS
International maritime law plays an important role in regulating relations between States, ships and other participants in maritime activities. Since maritime activities often involve several States and jurisdictions, there are many questions about the proper settlement of disputes and conflicts that may arise in this area. In such difficult situations, international courts perform a significant function to ensure fair results. The article is devoted to the consideration of the legal aspects of the international settlement of maritime disputes, since today they are of particular importance for maintaining order and resolving conflicts in the maritime sphere.
Keywords: international maritime law, international courts, international maritime dispute, International Court of Justice, arbitration.
Priestarty bibliographic list
1. Jalan B., Tamantirto, Kasihan, Bantul, Daerah I. Y. Diplomacy in Maritime Environmental Disputes in The Perspective of International Court Law // Universitas Muhammadiyah Yogyakarta. – 2021. – P. 1-24.
2. Kiselev A. S. The principle of peaceful resolution of conflicts within the World Ocean and the typology of international territorial-maritime disputes // Scientific records of the Crimean Federal University named after V. I. Vernadsky. Geography. Geology. – 2010. – No. 1. – P. 130-135.
3. Nikitin G. A. International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (ICAC) // Bulletin of Science. – 2019. – No. 12 (21). – pp. 170-174.
INTERNATIONAL LAW
LANCELOT G. Wills
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia, Head of the Customs Oil Department of the Guyana Tax Administration
UTI POSSIDETIS, ITA POSSIDIETAS. ‘THEN AND NOW’
This article sets forth the fundamental objective of briefly tracing the origin of the Uti Possidetis principle through the stages of private roman law application and its transition to international law as a principle of customary international law with eventual wider application in determining title to territory . It concludes with examples of the application of this principle amid other instruments, employed as an instrument in the determination of title in the jurisprudence of International Courts and Tribunals.
Keywords: De facto, De jure, Treaty of Tordesillas, Uti Possidetis, Interim Measures, Doctrine, Sovereignty, Latin America, Territory.
Bibliography
1. Palestine, Uti Possidetis Juris, and the Borders of Israel, Abraham Bell & Eugene Kantorovich, Arizona Law Review, Vol. 58: 633.
2. Note-Includes official collections of roman ecclesiastical legislation commencing circa 1141.
3. H. Lauterpacht, Private law Sources and Analogues of International Law (With Special reference to International Arbitration) (1927).
4. The Heritage of States: The Principle of Uti Possidetis Today, Shaw M., London, Oxford University Press, British Yearbook of International Law, 1996, Vol. 67, p. 76.
5. Nessi, Giuseppe (2011). “Uti Possidetis”. In Wulfrum, Rudiger (ed.) The Max Planck Encyclopedia of International Law. Vol. X. Oxford. Retrieved 30 May 2023.
6. Benton, Lauren; Straumann, Benjamin (2010). “Acquiring Empire by Law: From Roman Doctrine to Early Modern European Practice.” Law and History Review. American Society for Legal History. 28(1); 1-38.
7. Belgian Review of International Law. E-ditions BRUYANT, Bruxelles. 34 (1): 23-99.
8. Treaty of Paris, Virtual Library of the Inter-American Peace Initiatives, 2023.
9. Drawing a Better Line: UTI Possidetis and the Borders of New States, Steven R. Ratner The American Journal of International Law, Vol. 90, No. 4 (Oct., 1996), pp. 590-624 (35 pages), Published By: Cambridge University Press.
10. Malcolm N. Shaw, The Heritage of States: The Principle of Uti Possidetis Today, 67 Brit. Y. B. INT’L L. 75, 115 (1996), at page 104-106-11.
11. Frontier Dispute, Judgment, (Burkina Faso/Republic of Mali), I.C.J. Reports 1986, p. 568.
12. Mirzaev F., The Principle of Uti Possidetis in contemporary International Law and its Application in post-Soviet space: Theory and Practice // Law and Politics No. 6(54). 2004. pp. 43-53.
13. Brownlie, Principles of Public International Law (6th edn, 2003), at 129.
14. North Atlantic Coast Fisheries (United Kingdom v. United States), Permanent Court of Arbitration. II Reports of Intl’l Arbitral Awards (1910) 167, at 180.s
INTERNATIONAL LAW
FARKHUTDINOV Insur Zabirovich
Ph.D. in Law, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
“BATTLE OF THE BOOKS”. “THE DOCTRINE OF TWO SPHERES”. THE EMERGENCE OF THE CONCEPT OF FREE NAVIGATION – THE MAIN CATALYST FOR THE FORMATION OF INTERNATIONAL LAW
The article is devoted to one of the aspects of the genesis of international law, namely the concept of free navigation. The great geographical discoveries and the subsequent colonial conquests of European states created a need for new philosophical and legal doctrines that would serve as the basis for solving acute problems that arose as a result of the clash of interests of different countries. Thus, it was the Great Geographical Discoveries that had a decisive impact on the development of international law, posing new problems for monarchs and scientists that required conceptual understanding. This, according to the author, serves as an argument in favor of an externalist understanding of the genesis of law: namely, law does not develop from within itself, but only in response to external stimuli, be it the development of productive forces or new geographical discoveries. And today’s events in the Red Sea demonstrate that the escalation of reckless attacks by Yemen’s Houthis on civilian ships threatens the free flow of trade and violates international law, thereby jeopardizing the concept of free navigation on which international maritime law has been based for centuries.
Keywords: “Battle of the Books”, “The Doctrine of Two Spheres”, Great geographical discoveries, Ecumene, Treaty of Tordesillas, Treaty of Zaragoza, “papal meridian”, “free sea” by Hugo Grotius, “closed sea” by John Selden.
Bibliographic list of articles
1. Grinin L. E. World order in the past, present and future // History and modernity. 2016. Issue No. 1 (23).
2. Kopelev D.N. Colonial expansion of European powers and the phenomenon of maritime robbery in the 16th – first third of the 18th centuries. M., 2014.
3. Carl Schmitt. “Staatliche Souveraenitaet und freies Meer” in “Das Reich und Europa”. Leipzig, 1941.
4. Gretchen Murphy. Hemispheric Imaginings: The Monroe Doctrine and Narratives of the U.S. Empire. Durham: Duke University Press. 2005.
5. Dunaev A. L. The concepts of “system” and “order” in the historiography of international relations: difficulties of interpretation // Vestn. Moscow un-ta. Ser. 25. International relations and world politics. 2013. No. 2. P. 20.
6. Martens F. Modern international law of civilized peoples. St. Petersburg, 1895. P. 17.
7. Akimov Yu. G. The doctrine of two spheres and the international legal status of the colonial expansion of Europeans (second half of the 16th – early 17th centuries) // Vestn. St. Petersburg University. Ser. 6: 2004. No. 3. P. 126-131.
8. Tarle E. V. Essays on the history of the colonial policy of Western European states (late 15th – early 19th centuries). M.; L.: Nauka, 1965.
9. Volkov S. With a pen and a sword for a free sea. Century XVII // International life. 2009. No. 2. P. 6-7.
10. Akimov Yu. G. From intercolonial conflicts to the battle of empires: Anglo-French rivalry in North America in the 17th – early 18th centuries. Second edition, revised and expanded. SPb.: Publishing house. SPSU, 2005
11. Braudel F. Material civilization, economics and capitalism, XV-XVIII centuries. T. 3. Time of the world. M., 1992. P. 361.
12. Lukshin I.V. International legal regime of the World Ocean and unresolved issues of state sovereignty // Law and Politics. 2002. No. 2. P. 62-66.
13. Volkov S. Yu. Political and legal doctrine of Hugo Grotius in the educational course of Russian universities: historical and theoretical aspects // Integration of Education. 2015. T. 19. No. 3. P. 43-51.
14. Marx K. Capital. T.I.M.: Gospolitizdat, 1948. 794 p.
15. Grotius H. The Free Sea. Indianapolis: Liberty Fund, 2004. [Electronic resource]. – Access mode: http://oll.libertyfund.org/titles/859 (access date: 12/20/2014).
16. Bull H., Kingsbury B., Roberts A. Hugo Grotius and International Relations. N.Y.: Oxford University Press, 2002. 387 p.
17. Armitage D. The intellectual origins of the British Empire. Cambridge: UniversityPress, 2001.
18. Farkhutdinov Insur. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. Cambridge Scholars Publishing, 2020. (1.1. Ecumene: hemispheric imaginings in international law) P. 6-9.
19. Kolodkin A. L. Modern international maritime law: scientific research. Marine environment protection. Merchant and military shipping. M.: Nauka, 1978.
20. Farkhutdinov I.Z. American doctrine of a preventive strike from Monroe to Trump: international legal aspects. M.: Infra-M, 2021. pp. 110-121.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GADZHIEV Ali Gamidovich
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
THE INSTITUTE OF NEUTRALITY IN THE PERIOD OF ARMED CONFLICT: MODERN CHALLENGES AND PROBLEMS OF INTERPRETATION
In the context of the formation of a multipolar world, the globalization of the international system, the transformation of the system of international relations is taking place, which entails a change, perhaps even the cessation of the existence of established and time- tested institutions of international law. Within the framework of this scientific work, attempts are being made to study the current state and determine trends in the development of the institution of neutrality in the context of the prevailing political realities. The issues of declarativity and the elimination of the policy of neutrality are increasingly being raised in the scientific literature. In this context, modern neutral states are of particular interest, justifying the change in their policies by the impossibility of abstracting from international conflicts in the era of internationalization and globalization.
Keywords: institute of neutrality, policy of neutrality, neutral states, Switzerland, Sweden, Finland, Austria, NATO, special military operation, collective security, globalization, integration.
Bibliographic list of articles
1. Vezhlivtseva N. Yu. Neutrality of Finland as part of its national identity // Bulletin of MGIMO University. – 2019. – No. 2 (65). – pp. 86-100.
2. Karsanova E. S. Modern contours of Swiss neutrality // Power. – 2023. – T. 31, No. 3. – P. 291-297.
3. Kobzar N.V. Swiss neutrality // News of scientific achievements. – 2021. – No. 12. – P. 6-9.
4. “We made a big mistake”: Switzerland is preparing a 180-degree turn. – RIA News. [Electronic resource]. – Access mode: https://ria.ru/20221115/politika-1830748666.html (access date: 12/09/2023).
5. Plevako N. Swedish and Finnish neutrality. In past? // Scientific and analytical bulletin of the Institute of Europe RAS. – 2022. – No. 2 (26). – pp. 24-31.
6. Belinsky A. You can’t execute, you can have mercy! Austrian neutrality on the scales of history // European security: events, assessments, forecasts. – 2022. – No. 65 (81). – pp. 11-16.
7. Krivov S.V., Tolkachev V.V. Neutrality: integration processes in Europe // Modern Europe. – 2019. – No. 5 (91). – pp. 100-110.
8. Chernikina, V. N. Models of neutrality of European countries // Bulletin of the Diplomatic Academy of the Russian Foreign Ministry. Russia and the world. – 2019. – No. 1 (19). – pp. 115-126.
9. Ponamareva A. Finland on the threshold of NATO: the social dimension of the renunciation of neutrality // European security: events, assessments, forecasts. – 2022. – No. 65 (81). – pp. 17-24
10. Heute. Nehammer über Neutralität: “Frage stellt sich nicht.” [Electronic resource]. – Access mode: https://www.heute.at/s/nehammer-ueber-neutralitaet-frage-stellt-sich-nicht-100207562 (access date: 11/09/2023)
11. Servus TV. [Electronic resource]. – Access mode: https://www.servustv.com/aktuelles/v/aahw9csr9frlwacg09g6/ (access date: 11/09/2023)
INTERNATIONAL LAW
must be respected (pacta sunt servanda), principles of international law, universal
character.
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
ON THE EMERGENCE AND DEVELOPMENT OF INTERNATIONAL NORM-SETTING IN THE ERA OF M.M.
SPERANSKY(THE FIRST HALF OF THE XIX CENTURY)
The article highlights the issue of the peculiarities of the systematization of the norms of international law in the imperial period of the
formation of the Russian state. The author analyzes the features of the system of international relations, the international treaties adopted during the period of classical international law, including those devoted to the protection of human rights and fundamental freedoms in the era of the great Russian reformer M. M. Speransky. The author comes to the conclusion that in the era of M. M. Speransky, the postulates of the Great French Revolution were reflected in the legislation of imperial Russia.
Keywords: systematization, norms of international law, concept, treaties must be respected (pacta sunt servanda), principles of
international law, universality.
Bibliographic list of articles
1. Anzilotti D. Course of international law. Volume one. Introduction – general theory. – M.: Foreign Literature Publishing House, 1961.
2. Baskin Yu. Ya., Feldman D. I. History of international law. – M. 1990. 3. Gefter A.V. European international law. – St. Petersburg, 1880.
4. Desnitsky S. E. A word about the direct and closest method to teaching jurisprudence. In a public meeting of the Imperial Moscow University
which was for the all-joyful day of the accession to the All-Russian throne of Her Imperial Majesty,
Most Serene Highness of the Great Empress Catherine Alekseevna, Autocrat of All Russia // Social Thought
Russia of the 18th century. T. 2. Philosophia moralis / Comp., intro. article and comment. T. V. Artemyeva. – M., 2010.
5. Zhirukhina Y. V. Implementation of the ideas of M. M. Speransky in modern Russia / Y. V. Zhirukhina, E. B. Kalashnikova // Science, education, society: trends
and development prospects: materials of the IV International. scientific-practical conf. (Cheboksary, February 26, 2017). In 2 vols. T. 2 / Editorial team: O. N. Shirokov [and others]. – Cheboksary: CNS “Interactive Plus”, 2017.
6. Zolotnitsky V. T. Abbreviation of natural law, selected from different carsditch for the benefit of Russian society / [op.] Vladimir Zolotnitsky. – St. Petersburg, 1764. – [12], 147, [1] p.
7. Golden fund of Russian science of international law. T. 1. Course of international law / D. I. Kachenovsky; International law / M. N. Kapustin; Lectures on international law / N. M. Korkunov. – International relations, 2021. – 368 pp.
8. Klyuchnikov Yu. V., Sabanin A. International politics of modern times in treaties, regulations and declarations. – Part 1. – M., 1925.
9. Kodan S.V. Legal policy of the Russian state (1800-1850s): Dis. … doc. legal Sciences: 12.00.01. – Ekaterinburg, 2004. – 475 p. RSL OD, 71:05-12/69.
10. Kozelsky Y. P. Philosophical proposals composed by the court adviser and the government senate secretary Yakov Kozelsky in St. Petersburg in 1768 // Social Thought
Russia 18th century. In 2 volumes. T. 1. – M.: Russian Political Encyclopedia, 2010.
11. Levin D. B. Preface to Anzilotti D. Course of International Law. Volume one. Introduction – general theory. – M.: Publishing house of foreign literature. – 1961.
12. Lukashuk I. I. International law. A common part. – M., 1996.
13. Malinovsky V. F. Selected socio-political works. – M. 1958.
14. Martens F. F. Modern international law of civilized peoples. – St. Petersburg, 1882. – P. 230.
15. Tunkin G.I. Preface to Ferdross A. International law. – M.: Foreign Literature Publishing House, 1959.
16. Charter on the management of non-residents of July 22, 1822 // V. A. Kryazhkov. Status of small indigenous peoples of Russia. Legal acts (book two). – M.: Mr. Tikhomirov M. Yu., 1999.
17. Ferdross A. International law. – M.: Foreign Literature Publishing House, 1959.
18. Shtyrov V. A. State policy in the field of ensuring sustainable development of indigenous peoples of the North, Siberia and the Far East of Russia // Current status and development paths of indigenous peoples of the North, Siberia and the Far East of the Russian Federation. Federation Council of the Federal Assembly of the Russian Federation.
19. List F. International law in a systematic presentation. – Yuryev (Derpt), 1912. P.III.
20. Durdenevsky V. Vattel and his “Law of Peoples” / De Vattel E. Law of Peoples or principles of natural law applied to the behavior and affairs of nations and sovereigns. – M.: State. ed. Legal literature, 1960.
21. Komarovsky L. A. International law. – Moscow: Typo-lithography by G. I. Prostakov, 1905. – 118 p. – [Electronic resource]. – Access mode: https://biblioclub.ru/index.php?page=book&id=231988 (access date: 12/04/2023). – ISBN 978-5-4458-7948-0.
INTERNATIONAL LAW
MAKHMUTOVA Liliya Ayratovna
magister student of International law and international relations sub-faculty of the Ufa University of Science and Technology
DEVELOPMENT OF TOOLS FOR STATE SUPPORT OF RUSSIAN EXPORTS AND IMPORTS IN MODERN CONDITIONS
This article is devoted to the study and analysis of the development of instruments of state financial support for Russian exports in modern conditions. The purpose of the article is to study the features of state export support systems in Russia, taking into account the current foreign policy situation, which complicates the participation of the Russian Federation in international trade. To achieve this goal, the basics of state regulation of foreign trade activities are considered, the purpose, advantages and risks of an exporting enterprise entering the international market are shown, the concept, main types and stages of evolution of state export support are revealed.
Keywords: support for Russian exports; state institutions for export support; foreign trade; export support measures; export; import.
Bibliographic list of articles
1. Kuprikov A. A. State support for the export of industrial products: world experience and Russian practice: dis. …cand. econ. Sci. M., 2013. 248 pp.
2. Melnikov A. A. Foreign economic policy of the state: a textbook for universities. M.: Eurasian Open Institute, 2011. 408 p.
3. Ushkalova D.I. Foreign trade of Russia in new conditions // Journal of the New Economic Association. 2020. pp. 199-207.
4. Obolensky V.P. Integration projects of Russia and the EAEU: a chance to increase exports? Contours of global transformations: politics, economics, law. 2020. No. 13 (3). pp. 156-175.
INTERNATIONAL LAW
SMIRNOVA Maya Ivanovna
Ph.D.in pedagogical sciences, associate professor, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
IMPLEMENTATION OF THE RIGHTS OF THE DEAF IN LAW ENFORCEMENT IN RUSSIA AND AMERICA
The article is devoted to issues of the policy of the Russian Federation and the United States related to the provision of rights to deaf citizens in obtaining equal opportunities to gain access to information in the field of law enforcement agencies. The main international and national regulatory and legal documents regulating the implementation of the linguistic rights of people with hearing disabilities and attitudes towards sign languages are analyzed. The activities of Russian and American government agencies for social protection and support of people with hearing impairment are considered.
Keywords: deaf, hearing impairment, language rights, equal rights, life activity, Russian sign language, law enforcement officers, effective communication, access to information.
Bibliographic list of articles
1. Convention on the Rights of Persons with Disabilities. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/disability.shtml (access date: 08/28/2023).
2. Federal Law of May 3, 2012 No. 46-FZ “On the ratification of the Convention on the Rights of Persons with Disabilities” (current version). [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
3. Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation” (as amended on April 28, 2023)). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/9014513 (date of access: 08/28/2023).
4. Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (current version). [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
5. Order of the Ministry of Internal Affairs of Russia dated May 12, 2015 No. 544 “On approval of the Procedure for determining positions in the internal affairs bodies of the Russian Federation, the performance of duties for which requires the knowledge of Russian sign language by employees of the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
6. Order of the Ministry of Internal Affairs of Russia and the Ministry of Education and Science of Russia dated June 15, 2015 No. 681/587 “On the extent of proficiency in Russian sign language by employees of the internal affairs bodies of the Russian Federation holding certain positions in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
7. Alberts J. Law and the Deaf. [Electronic resource]. – Access mode: https:http://www.startasl.com/law-and-the-deaf/ (access date: 08/28/2023).
8. Communication Access Realtime Translation. [Electronic resource]. – Access mode: https://www.nad.org/resources/technology/captioning-for-access/communication-access-realtime-translation/ (date of access: 08/28/2023).
9. Model policy for law enforcement on Communicating with people who are Deaf or hard of hearing. [Electronic resource]. – Access mode: https://archive.ada.gov/lawenfmodpolicy.htm (access date: 08/28/2023).
INTERNATIONAL LAW
AKHMEDOVA Indira Valiabdullaevna
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
INTERNATIONAL LEGAL AND NATIONAL REGULATION OF EXTRADITION
The article examines the current problems of extradition as a complex legal institution, examines its features and legal nature. The author attempts to analyze the main provisions of the European Convention on Extradition ETS N 024 of December 13, 1957, as well as the norms of domestic legislation in order to identify problems in the legal regulation of the institution of extradition, as well as ways to resolve them.
Keywords: the Institute of extradition, transnational crime, cybercrime, interstate cooperation, bilateral agreements.
Bibliographic list of articles
1. Akhtar Sh. About Globalization // The United Nations Department of Economic and Social Affairs, 2013. [Electronic resource]. – Access mode: http://www.un.org/en/development/desa/usg/statements/asg/2013/10/report-of-the-secretary-general-on-globalization-and-interdependence.html ( date of access: 03.11.2023).
2. Mokina A. A. Regulation of the institution of extradition in the modern world // Young scientist. – 2017. – No. 27 (161). – pp. 54-56.
3. Smirnov M.I. The concept and legal nature of extradition (extradition) // Modern law. – 2007. – No. 3. – P. 12-17.
4. Knyazev A. Extradition of a criminal (extradition) // Legality. – 2006. – No. 7 (861). – pp. 42-44.
5. In the first quarter, the Russian Federation received 19 refusals from the West for extraadition and 15 refusals of legal assistance. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5912998 (date of access: 10/30/2023).
6. Lobov S. A. Extradition of cybercriminals: problems and trends in the development of international legal assistance // Essays on the latest cameralistics. – 2023. – No. 2. – P. 32-36.
7. Report of the working group on UN cooperation CTOC/COP/WG.3/2018/5. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/V18/054/41/pdf/V1805441.pdf?OpenElement (access date: 10/30/2023).
INTERNATIONAL LAW
MARAKHOVSKAYA Kristina Gennadjevna
undergraduate student of the training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
THE IMPACT OF ARMED CONFLICT ON THE SAFETY OF NAVIGATION
This article examines the impact of armed conflict on the safety of navigation. Due to the fact that many sea routes pass through regions prone to armed conflict, serious challenges are being created to ensure the safety of navigation. The author analyzes various aspects of this impact, including the threat of piracy, the effectiveness of international measures to ensure the safety of navigation in conflict zones, the impact of armed conflicts on sea routes and ports, as well as on the global economy. The article also offers recommendations on improving the safety of navigation in conditions of armed conflict.
Keywords: shipping, security, economy, armed conflict, aftermath, tanker, oil, impact, impact.
Bibliographic list of articles
1. Abgarjan D. Disputes about the immediate release of detained ships and crews in the practice of the International Tribunal for the Law of the Sea // International Law. – 2014. – No. 3. – P. 201-226.
2. Sahab A. A. N. Iraq-Kuwait armed conflict 1990–1991. And its international consequences // Bulletin of the Volga University named after. V. N. Tatishcheva. – 2011. – No. 8. – P. 139–144.
3. Slinkin M. M. Iran-Iraq War 1980–1988. Fight at sea. – Simferopol: Taurus. national univ., 2001. – 222 p.
4. Aleksanin S. S., Bogoslovsky M. M., Rybnikov V. Yu., Rogalev K. K., Gudz Yu. V., Drygina L. B., Shapovalov S. G. Ecological terrorism – phenomenology, types, factors, prevention // Property management: theory and practice. – 2018. – No. 1. – P. 4-11.
INTERNATIONAL LAW
GOMENYUK Maxim Anatoljevich
student of the Far Eastern Federal University, Vladivostok
KLEMENTJEVA Darya Andreevna
student of the Far Eastern Federal University, Vladivostok
SKACHKOVA Margarita Alexeyevna
student of the Far Eastern Federal University, Vladivostok
BASENKO Denis Viktorovich
student of the Far Eastern Federal University, Vladivostok
VETROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF NATIONAL POLICY UNDER THE INFLUENCE OF EUROPEAN INTEGRATION: CHALLENGES AND PROSPECTS OF EUROPEAN DEMOCRACY
In recent decades, European integration has played a key role in reforming the political landscape of nation States. This article explores how the Europeanization of national politics affects the political preferences of citizens and the dynamics of intraparty competition. Special attention is paid to the impact of this process on the quality of European democracy, considering it through the prism of relations between citizens and their representatives. The article also examines the issues of coherence between the opinions of citizens and the political elite, as well as potential challenges and opportunities for further development of European politics.
Keywords: Europeanization, national politics, European democracy, polarization, electoral preferences, anti-elite parties, European Union, political integration.
Bibliographic list of articles
1. Ares M., Ceka B. & Kriesi H. (2017). Diffuse support for the European Union: spillover effects of the politicization of the European integration process at the domestic level // Journal of European Public Policy. – 2017. – No. 24 (8). – R. 1091-1115.
2. Börzel T. A. & Risse T. From the euro to the Schengen crises: European integration theories, politicization, and identity politics // Journal of European Public Policy. – 2018. – No. 25 (1). – R. 83-108.
3. De Vries C. E. Sleeping giant: Fact or fairytale? How European integration affects national elections // European Union Politics. – 2007. – No. 8 (3). – R. 363-385.
4. De Vries C. E. & Edwards E. E. (2009). Taking Europe to its extremes: Extremist parties and public Euroscepticism // Party Politics. – 2009. – No. 15 (1). – R. 5-28.
5. De Vries C. E. & Hobolt S. B. (2012). When dimensions collide: The electoral success of issue entrepreneurs // European Union Politics. – 2012. – No. 13 (2). – R. 246-268.
6. Habermas J. Toward a cosmopolitan Europe // Journal of Democracy. – 2003. – No. 14 (4). – R. 86–100.
7. Hagemann S., Hobolt S. B. & Wratil C. Government responsiveness in the European Union: Evidence from Council voting // Comparative Political Studies. – 2017. – No. 50 (6). – R. 850-876.
8. Hix S. What’s Wrong with the Europe Union and How to Fix it. – Cambridge: John Wiley & Sons, 2013.
9. Hobolt S. B. & De Vries C. E. (2015). Issue entrepreneurship and multiparty competition // Comparative Political Studies. – 2015. – No. 48 (9). – R. 1159-1185.
10. Hobolt S. B. & De Vries C. E. Public support for European integration // Annual Review of Political Science. – 2016. – No. 19. – R. 413-432.
INTERNATIONAL LAW
ERSHOVA Anna Alexandrovna
student of the Far Eastern Federal University, Vladivostok
MASLOV Pavel Nikolaevich
student of the Far Eastern Federal University, Vladivostok
KOTIK Anastasiya Olegovna
student of the Far Eastern Federal University, Vladivostok
SOROKIN Danil Sergeyevich
student of the Far Eastern Federal University, Vladivostok
VERETELNIKOVA Polina Pavlovna
student of the Far Eastern Federal University, Vladivostok
MODELS AND APPROACHES TO THE ANALYSIS OF EUROPEAN INTEGRATION
This review is a study of three key approaches to understanding European integration: neo-functionalism, intergouvermentalism and post-functionalism. The article examines how each of these approaches interprets the basic principles behind the European integration and disintegration processes. The authors analyze various aspects such as economic interdependence, national identity and the role of mass politics in shaping integration strategies. The article aims to provide the reader with an objective view of the complex process of European integration, identifying opportunities and obstacles to the creation of a more united continent.
Keywords: European integration, neo-functionalism, intergovernmentalism, post-functionalism, political psychology, mass politics, economic interdependence, identity, discursive analysis.
Bibliographic list of articles
1. Bartolini S. Restructuring Europe: Center Formation, System Building, and Political Structuring between the Nation State and the European Union. – Oxford: Oxford University Press, 2005.
2. Bauer M. W. & Becker S. (2014). The unexpected winner of the crisis: the European Commission’s strengthened role in economic governance // Journal of European Integration. – 2014. – No. 36 (3). – R. 213-29.
3. Bayer L. & de la Baume M. (2018). Hungary picks a fight in Brussels. Politico, April 26.
4. Bickerton C. J., Hodson D. & Puetter U. The new intergovernmentalism and the study of European integration. In C.J. Bickerton, D. Hodson & U. Puetter (Eds.), The New Intergovernmentalism: States and Supranational Actors in the Post-Maastricht Era. – Oxford: Oxford University Press, 2015. – R. 1-50.
5. Biermann F., Guérin N., Jagdhuber, S. Rittberger B. & Weiss M. (2019). Political (non)reform in the Euro crisis and the refugee crisis: a liberal intergovernmentalist explanation // Journal of European Public Policy. – 2019. – No. 26 (2). – No. 246-66.
6. Blauberger M. & Kelemen D. R. Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU // Journal of European Public Policy. – No. 2017. – No. 24 (3). – R. 321–36.
7. Börzel T. A. From EU governance of the crisis to crisis of EU governance: regulatory failure, redistributive conflict and eurosceptic publics. JCMS // Journal of Common Market Studies. – 2016. – No. 54 (Annual Review). – R. 8-31.
8. Börzel T. A. & Risse T. (2018). From the Euro to the Schengen crises: European integration theories, politicization, and identity politics // Journal of European Public Policy. – 2018. – No. 25 (1). – R. 83-108.
9. Dalton R. J. Political Realignment: Economics, Culture and Electoral Change. – Oxford: Oxford University Press, 2018.
INTERNATIONAL LAW
KUNGUROVA Alexandra Alexandrovna
student Far Eastern Federal University, Vladivostok
KAZYMOV Amin Ilyasovich
student Far Eastern Federal University, Vladivostok
GORYACHKINA Maria Mikhailovna
student Far Eastern Federal University, Vladivostok
TUROV Stepan Evgenyevich
student Far Eastern Federal University, Vladivostok
SOFRINA Alina Alexeyevna
student Far Eastern Federal University, Vladivostok
ILLIBERALISM IN EUROPE: THE EUROPEAN UNION’S RESPONSE TO POLITICAL TRENDS
The article examines the complex dynamics of relations between the European Union and liberal tendencies, especially manifested in Poland and Hungary. Various approaches to understanding the outcomes of this dynamics are considered: intergovernmentalism, neofunctionalism and postfunctionalism. The actions and decisions of the European Commission, the European Court of Justice and national governments are analyzed in the context of preserving the basic values and principles of the EU, as well as the internal factors of illiberalism and its impact on political processes in the member states.
Keywords: European Union, liberalism, Poland, Hungary, European Commission, European Court of Justice, inter-fundamentalism, neo-functionalism, post-functionalism, legal system, democracy, national sovereignty, sanctions , article 7, national governments.
Bibliographic list of articles
1. Hix S. ‘When optimism fails: liberal intergovernmentalism and citizen representation’, JCMS // Journal of Common Market Studies. – 2018. – No. 56 (7). – R. 1595-1613.
2. Hobolt S. B. ‘The Brexit vote: a divided nation, a divided continent’ // Journal of European Public Policy. – 2016. – No. 23 (9). – R. 1259-1277.
3. Hobolt S. B., Leeper T. & Tilley J. Divided by the Vote: Affective Polarization in the Wake of Brexit. – Boston: APSA, 2018.
4. Hobolt S. B. & Tilley J. ‘Fleeing the centre: the rise of challenger parties in the aftermath of the Euro crisis’ // West European Politics. – 2016. – No. 39 (5). – R. 971-991.
5. Hodson D. & Puetter U. (2019). ‘The European Union in disequilibrium. New intergovernmentalism, postfunctionalism and integration theory in the post-Maastricht period’ // Journal of European Public Policy. – 2019. – No. 26 (8). – R. 1153-1171.
6. Hooghe L., Lenz T. & Marks G. A Theory of International Organization. – Oxford: Oxford University Press, 2019.
7. Gamble A. ‘Taking back control: the political implications of Brexit’ // Journal of European Public Policy. – 2018. – No. 25 (8). – R. 1215-1232.
8. Genschel P. & Jachtenfuchs M. ‘From market integration to core state powers: the Eurozone crisis, the refugee crisis and integration theory’, JCMS // Journal of Common Market Studies. – 2018. – No. 56 (1). – R. 178-196.
9. Grande E. & Kriesi H. (2016). In Hutter, S., Grande, E. & Kriesi, H. (eds.), Politicizing Europe: Integration and Mass Politics. – Cambridge: Cambridge University Press, 2016. – R. 279-300.
10. Greskovits B. ‘Rebuilding the Hungarian right through civil organization and contention: the civic circles movement’, EUI Working Paper RSCAS 2017/37, 2017.
INTERNATIONAL LAW
MASTYUKOVA Irina Igorevna
student of the Far Eastern Federal University, Vladivostok
BABICHEVA Anastasiya Sergeevna
student of the Far Eastern Federal University, Vladivostok
PESTRETSOV Ivan Vyacheslavovich
student of the Far Eastern Federal University, Vladivostok
KUTSEPALOVA Valeriya Sergeevna
student of the Far Eastern Federal University, Vladivostok
VINOGRADOVA Sofya Alexeevna
student of the Far Eastern Federal University, Vladivostok
DYNAMICS OF INTEGRATION PROCESSES IN THE EUROPEAN UNION: FROM BORDERS TO ECONOMIC STRATEGIES
The article highlights the dynamics of European integration with an emphasis on the process of border formation. The development of integration processes is studied taking into account external and internal factors such as globalization, democratization and economic competition. The analysis shows how the changing international environment and internal transformations of the EU affected the process of borders and integration in general.
Keywords: European integration, borders, globalization, democratization, economic competition, external and internal factors, Cold War, international environment.
Bibliographic list of articles
1. Daugbjerg C. (2017). Responding to non-linear internationalization of public policy: The World Trade Organization and reform of the CAP 1992-2013 // Journal of Common Market Studies. – 2017. – No. 55 (3). – R. 486-501.
2. Bieber F. (2018). Patterns of competitive authoritarianism in the Western Balkans // East European Politics. – 2018. – No. 34 (3). – R. 337-354.
3. Bergmann J., & NiemannA. (2018). From neo-functional peace to a logic of spillover in EU external policy: A response to Visoka and Doyle // Journal of Common Market Studies. – 2018. – No. 56 (2). – R. 420-438.
4. Genschel P., & Jachtenfuchs M. Postfunctionalism reversed: Solidarity and rebordering during the Corona crisis // Journal of European Public Policy. – 2021.
5. Bélanger M., & Schimmelfennig F. Politicization and Rebordering in EU Enlargement: Membership Discourses in European Parliaments // Journal of European Public Policy. – 2021.
6. De Wilde, P., et al. (ed.). The struggle Over borders. Cosmopolitanism and communitarianism. – Cambridge University Press, 2019.
7. Eilstrup-Sangiovanni M. Re-bordering Europe? Collective Action Barriers to ‘Fortress Europe’ // Journal of European Public Policy. – 2021.
8. Genschel, P., & Jachtenfuchs, M. (2018). From market integration to core state powers: The Eurozone crisis, the refugee crisis and integration theory // Journal of Common Market Studies. – 2018. – No. 56 (1). – R. 178-196.
9. Bradford A. The Brussels Effect: How the European Union rules the world. – Oxford University Press, 2020.
10. Albert M. Governance and democracy in European systems: On systems theory and European integration // Review of International Studies. – 2002. – No. 28 (2). -R. 293-309.
INTERNATIONAL LAW
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
BELOUSOV Nikita Alexeyevich
student of the Far Eastern Federal University, Vladivostok
KHLYUPOV Ilya Viktorovich
student of the Far Eastern Federal University, Vladivostok
VERKHOTUROVA Darya Alexeyevna
student of the Far Eastern Federal University, Vladivostok
VDOVENKOVA Olga Viktorovna
student of the Far Eastern Federal University, Vladivostok
INTEGRATION AND CRISES IN THE EUROPEAN UNION: AN ANALYSIS OF POLITICAL AND SOCIAL RESPONSES
This material is a comprehensive analysis of various crisis phenomena within the European Union, starting with the consequences of the Eurocrisis and ending with the migration crisis of 2015. The article highlights theoretical approaches such as neo-functionalism, intergovernmental approach and post- functionalism for interpreting reactions and decisions of EU member states. This study provides a deeper understanding of the dynamics, challenges and complexities of European integration in the context of major crises.
Keywords: European Union, migration crisis, Eurocrisis, integration, neo-functionalism, intergovernmental approach, post-functionalism, national identity, political conflict, immigration.
Bibliographic list of articles
1. Dalton R. J. Political Realignment: Economics, Culture and Electoral Change. – Oxford: Oxford University Press, 2018.
2. Deutsch K. W. Nationalism and Social Communication. – Cambridge: MIT Press, 1966.
3. Diez-Medrano J. Framing Europe: Attitudes to European Integration in Germany, Spain, and the United Kingdom. – Princeton: Princeton University Press, 2003.
4. De Vries C. E. The cosmopolitan-parochial divide: changing patterns of party and electoral competition in the Netherlands and beyond // Journal of European Public Policy. – 2018. – No. 25 (11). – R. 1541-1565.
5. Börzel, T. A., and Risse, T. (2018). From the Euro to the Schengen crises: European integration theories, politicization, and identity politics // Journal of European Public Policy. – 2018. – No. 25 (1). – R. 83-108.
6. Borzel T. A. (2016). From EU governance of the crisis to crisis of EU governance: regulatory failure, redistributive conflict and eurosceptic publics // JCMS: Journal of Common Market Studies. – 2016. – No. 54 (Annual Review). – R. 8-31.
7. Blauberger, M., and Kelemen, D. R. (2017). Can rescue courts national democracy? Judicial safeguards against democratic backsliding in the EU // Journal of European Public Policy. – 2017. – No. 24 (3). – R. 321-336.
8. De Wilde P., Leupold A., and Schmidtke, H. (2016). The differentiated politicization of European governance // West European Politics. – 2016. – No. 39 (1). – R. 1-182.
9. Dennison J. and Geddes A. Brexit and the perils of Europeanized migration // Journal of European Public Policy. – 2018. – No. 25 (8). – R. 1137-1153.
INTERNATIONAL LAW
MOKHAMED Salem Abdalahe Taleb
postgraduate student of the 2nd course of International law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
INTERNATIONAL LEGAL STATUS OF WESTERN SAHARA
This year marks more than half a century since the UN General Assemblyproclaimed the right of the Saharan people to self-determination. During this long period, during which the Territory was subject to colonial succession, first to Spanish control and then to Moroccan military occupation, the United Nations annually reaffirmed this right and is now considered the last colony in Africa, and since then the General Assembly has reaffirmed the “responsibility of the United Nations to the people of Western Sahara” and the right of the Saharan people to “self-determination and independence in accordance with the principles enshrined in the Charter of the United Nations and its resolution 1514 (XV)” . In this article, we will explain the legal status of Western Sahara in international law and how to apply Security Council resolutions to achieve a final settlement of this conflict.
Keywords: Western Sahara, The Security Council, UN, The General Assembly, Occupation, Resolutions.
Bibliographic list of articles
1. Western Sahara, 1975I.C.J. 12, para. 77 (Oct. 16) (advisory opinion).
2. General Assembly Resolution 1514 (XV) of the United Nations
3. General Assembly Res. 3292 (XXIX) of 13 December 1974.
4. ICJ, Western Sahara, Advisory Opinion of 16 October 1975, ICJ Reports 1975, p. 20, par. 20.
5. Ibidem.
6. See also General Assembly Res. 1541 of 15 December 1960, UN Doc. A/4684 (1960).
7. Western Sahara, p. 33, par. 59.
8.CIAS/Plen.2/Rev.2.
9. A/RES/2074 (XX), 17 December 1965.
10. A/RES/2288, 7 December 1967.
11. A/RES/2248 (S-V), 19 May 1967.
12. THE WESTERN SAHARA SELECTED PRIMARY LEGAL SOURCES [15 BASIC STATEMENTS ON THE CONFLICT]
13. ICJ, East Timor (Portugal v. Australia), ICJ Reports 1995, p. 92, par. 1.
14. East Timor, Application of 22 February 1991, par. 32. Available at: http://www.icjcij.org/docket/files/84/6809.pdf (last accessed on 1 November 2009).
15. East Timor, ICJ Reports 1995, p. 102, par. 29.
16. B. Simma, Does the UN Charter provide an Adequate Legal Basis for Individual or Collective Responses to Violations of Obligations erga omnes?, in: Delbrück, J. (ed.), The Future of International Law Enforcement, New Scenarios-New Law ?, Berlin: Duncker & Humblot, 1993, p. 126.
17. After the referendum of 30 August 1999 the transitional government was entrusted to the United Nations Transitional Administration of East Timor (UNTAET), which was established on 25 October 1999. UNTAET administered the territory until 20 May 2002 when East Timor became officially independent.
18. East Timor, ICJ Reports 1995, p. 106, par. 38. In paragraph 29 of the judgment the Court had already stated that it could not rule on the lawfulness of the conduct of a State when its judgment would imply an evaluation of the lawfulness of the conduct of another State which is not a party to the case, even if the right in question were a right erga omnes.
19. Rosenne’s The World Court: What It Is and how It Works, 6th completely revised edition by T.D. Gill,Leiden: Martinus Nijhoff Publishers, 2003, p. 193.
20. Cassese, supra note 1, p. 351.
21. See General Assembly Res. 59/180 of 20 December 2004 entitled ‘Universal realization of the right of peoples to self-determination’. In the relevant paragraph this resolution reads: ‘Declares its firm opposition to acts of foreign military intervention, aggression and occupation, since these have resulted in the suppression of the right of peoples to self-determination and other human rights in certain parts of the world . [emphasis in original]’
22. J. Crawford, supra note 1, pp. 592 and 605.
23. M. Ragazzi, The Concept of International Obligations Erga Omnes, Oxford University Press, 1997, p.
24. See G. Zyberi, supra note 1, pp. 29-31.
25. The Court in the Barcelona Traction case held that the obligations of a State towards the international community are obligations erga omnes. Such derive, for example in contemporary international obligations law from… principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law…; others are conferred by international instruments of a universal or quasiuniversal character a whole. See Barcelona Traction, Judgment of 5 February 1970, ICJ Reports 1970, p. 32, par. 33.
INTERNATIONAL PRIVATE LAW
BATURYAN Margarita Avetisovna
Ph.D. in philological sciences, associate professor of Foreign languages sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GOLOBORODKO Artyom Vladimirovich
magister student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
SOLVINGTHE PROBLEMS OF THE PRACTICAL APPLICATION OF THE BACKLINK IN PRIVATE INTERNATIONAL LAW ON THE EXAMPLE OF RUSSIAN LEGISLATION
Within the framework of this study, the author examines the problem of the practical application of the backlink as an institution of private international law. In order to analyze various approaches to the topic under study, the author has studied various approaches in the legislation of states on the use of backlink. A systematic analysis of the provisions of Russian legislation regarding the application of this institution in comparison with the legislation of foreign countries has been carried out. The various points of view of domestic scientists advocating the adoption of a backlink are studied, and the advantages of using this institute of private international law are highlighted.
Keywords: conflict of laws rule, backlink, international agreement, foreign law.
Bibliographic list of articles
1. Anufrieva L.P. International private law. In 3 volumes. Volume 1. General part. – M.: BEK, 2002. – 283 p.
2. Marysheva N. I. Reverse reference in private international law: Russian legislation // Journal of Russian Law. – 2018. – No. 11. – P. 55.
3. Shekhovtsova N. S. Problems of using reverse reference in private international law // Young scientist. – 2020. – No. 27. – P. 320.
4. Chestnykh D.N. The problem of reverse reference in private international law // Young scientist. – 2020. – No. 51 (341). – P. 310.
EUROPEAN LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Department of the Institute of State and Law of the Russian Academy of Sciences
THE PROVISION ON TRANSFER OF POWERS TO THE EUROPEAN UNION IN PRACTICE OF CONSTITUTIONAL COURTS (GERMANY AND CZECH REPUBLIC EXPERIENCE)
The article analyzes the legal positions of such constitutional courts of the Member States of the European Union as Germany and the Czech Republic. The Federal Constitutional Court of Germany is one of the most authoritative supreme courts in Europe. Since the 1970s, he has been forming legal positions concerning certain aspects of European integration. His approach to the division of competence between the Union and the national authority is one of the most rigorous, consistent and developed. He established a large number of restrictions on the transfer of sovereign powers and its implementation by EU institutions issuing secondary law. In addition, a methodology in relation to possible exceeding the limits of competence (ultra vires) has been developed in practice of the Constitutional Court. However, the Court does not strictly always adhere to it. In contrast, the practice of the Czech Constitutional Court began to take shape quite recently after the state became a Member of the European Union in 2004. It is friendly towards EU institutions; it does not maximize State sovereignty and grants the parliament the right to determine the limits of competence. But sometimes the respective constitutional courts are considered in the article express a certain solidarity. This concerns the supremacy of the Constitution over the acts of the European Union. Both courts recognize that ultra vires control should be exercised only in exceptional cases and in a friendly manner to European law.
Keywords: European law, European Union law, constitutional law, constitutional justice, transfer of powers, State sovereignty.
Bibliographic list of articles
1. Timmermans Ch. ECJ Doctrines on Competences // The Question of Competence in the European Union / Ed. by L. Azoulay. – Oxford: Oxford University Press, 2014.
2. Blanke H.-J., Mangiameli S. A Treaty on European Union: A Commentary. – Berlin: Springer, 2013.
3. Baun M. An Imperfect Union: The Maastricht Treaty and the New Politics of European Integration (The New Europe Interdisciplinary Perspectives). – New York: Routledge, 2019.
4. Kühn Z. The Czech Republic: From a Euro-Friendly Approach of the Constitutional Court to Proclaiming a Court of Justice Judgment Ultra Vires // National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law / Ed. by A. Albi, S. Bardutzky. – The Hague: Springer, 2019.
5. Wiegand M. Germany’s International Integration: The Rulings of the German Federal Constitutional Court on the Maastricht Treaty and the Out-of-Area Deployment of German Troops // American University International Law Review. – 1995. – Vol. 10. – Iss. 2. – P. 889-916.
6. Wendel M. Exceeding Judicial Competence in the Name of Democracy. The German Federal Constitutional Court’s OMT Reference // European Constitutional Law Review. – 2014. – Vol. 10. – Iss. 2. – P. 263-307.
7. Vasilyeva T. A. EU Court and constitutional issuesuds of the member states of the European Union in search of constitutional identity // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2019. – No. 2. – P. 32-58.
8. Eurocontrol I. Order of 23 June 1981 // BVerfGE 58, 1. Wiegand M. Germany ‘s International Integration: The Rulings of the German Federal Constitutional Court on the Maastricht Treaty and the Out-of-Area Deployment of German Troops / / American University International Law Review. – 1995. – Vol. 10. – Iss. 2. – P. 915.
EUROPEAN LAW
SKAZIN Nikita Andreyevich
master’s degree Far Eastern Federal University, Vladivostok
BRYKOVA Darya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
KARAGODINA Elizaveta Sergeyevna
student of the Far Eastern Federal University, Vladivostok
RYMAR Boris Nikolaevich
student of the Far Eastern Federal University, Vladivostok
SVISTAK Anastasiya Vitalyevna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF BORDERS IN THE EUROPEAN UNION: INTERNAL AND EXTERNAL CHALLENGES
The article examines the processes of border changes in the context of the European Union, analyzes the internal and external factors that influence these dynamics. Attention is paid to the consequences of such a change for the security, democracy and integration of the EU, as well as various approaches to reorienting borders based on structural, economic and political realities.
Keywords: European Union, border dynamics, internal reorientation, external reorientation, security, democracy, integration, structural conditions, economic differences, political negotiations.
Bibliographic list of articles
1. Moravcsik, A. Negotiating the single European Act. National interests and conventional statecraft in the European community // International Organization. – 1991. – No. 45 (1). – R. 19-56. https://doi.org/10.1017/S0020818300001387.
2. Rodrik D. The globalization paradox: Democracy and the future of the world economy. – Norton, 2011.
3. Lavenex, S., Krizic, I., Veuthey, A. EU boundaries in the making: Functionalist versus federalist // Journal of European Public Policy. – 2021. https://doi.org/10.1080/13501763.2021.1881586
4. Schimmelfennig, F. European integration ‘theory’ in times of crisis. A comparison of the Euro and Schengen crises // Journal of European Public Policy. – 2018. – No. 25 (7). – R. 969-989. https://doi.org/10.1080/13501763.2017.1421252.
5. Ludlow N. P. From deadlock to dynamism. The European community in the 1980s. In D. Dinan (Ed.), Origins and evolution of the European Union (pp. 218–232). – Oxford University Press, 2006.
6. Lutz P., & Karstens F. External borders and internal freedoms: How the refugee crisis shaped the bordering preferences of European citizens // Journal of European Public Policy. – 2021. https://doi.org/10.1080/13501763.2021.1882541
7. Niemann A. Explaining decisions in the European Union. – Cambridge University Press, 2006.
8. Popescu G. Bordering and ordering the twenty-first century. Understanding borders. Rowman and Littlefield. – 2012.
9. Kriesi H., Altiparmakis A., Bojar A., Oana N. Debordering and re-bordering in the refugee crisis: a case of ‘defensive integration’ // Journal of European Public Policy. – 2021. https://doi.org/10.1080/13501763.2021.1882540
THEORY OF STATE AND LAW
GURYANOVA Viktoriya Valentinovna
Deputy Chairman of the Government of the Astrakhan Region, Plenipotentiary Representative of the Governor of the Astrakhan Region in the Duma of the Astrakhan Region and representative bodies of municipalities – Minister of the Astrakhan Region; postgraduate student of the V. N. Tatishchev Astrakhan State University
THEORETICAL ASPECTS OF DEFINITIVE SUPPORT OF THE LEGAL CATEGORY OF “LAWMAKING”
The article is devoted to a detailed analysis of the doctrinal and definitional set of the legal phenomenon “lawmaking”. The components of the legal category of law-making are analyzed, the correlation of the term law-making with such categories as law-making, rule-making is organized. The multidirectional position of the scientific community on the concept of legal formation in the context of studying the definition of lawmaking is presented. The author’s position on the independence of the legal phenomenon of lawmaking is formed and substantiated, its elements are categorized, and a hypothesis is constructed about the dynamism of the lawmaking mechanism in the institutional and socially applied version.
Keywords: law, lawmaking, rulemaking, lawmaking, legal education.
Bibliographic list of articles
1. Aleshkova N.P. Constitutional and legal foundations of municipal law-making in the Russian Federation. Author’s abstract. dis. …cand. legal Sci. – Ekaterinburg, 2010.
2. Anokhin Yu. V. Legal formation and law-making in theoretical and legal science // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2022. – T. 28. – No. 1 (84). – pp. 33-38.
3. Bochkov A. A. Lawmaking as the highest stage of legal formation // Law and state: theory and practice. – 2021. – No. 4 (196). – pp. 114-117.
4. Marxist-Leninist general theory of state and law: basic institutions and concepts. – M., 1970.
5. Scientific foundations of Soviet lawmaking. Rep. ed. R. O. Halfina. – M., 1981.
6. Nersesyants V. S. Law and law. – M., 1983.
7. Popov O. V. Theoretical and legal issues of judicial law-making in the Russian Federation. Author’s abstract. dis. …cand. legal Sci. – Tolyatti, 2004.
8. Redko A. A. Legal initiative in the mechanism of action of modern Russian law. dis. … Doctor of Law. Sciences / Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2023.
9. Rumyantsev M. B. Legal formation and law-making in Russia / Monograph. – Cheboksary, 2023.
10. Rumyantsev M. B. Lawmaking in the Russian Federation / Monograph. – Cheboksary: Sreda Publishing House, 2019.
11. Sapun V. A. Mechanism of legal formation and law-making: problems of correlation and democratization // Legal technology. – 2014. – No. 8. – P. 383-386.
12. Sinyukov S.V. Mechanism of lawmaking. dis. …cand. legal Sci. – Saratov, 2013.
13. Fetisova S. S., Fetisov D. N., Sadokhina N. A. Lawmaking in modern Russia // Matrix of scientific knowledge. – 2023. – No. 10-2. – pp. 414-417.
THEORY OF STATE AND LAW
DUSHKINA Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Legal studies sub-faculty of the St. Petersburg State University of Architecture and Civil Engineering
KARCHEVSKAYA Natalya Ivanovna
Ph.D. in Law, associate professor, associate professor of Philosophical and socio-economic disciplines sub-faculty of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
FOMICHEV Denis Sergeevich
lecturer of Special and automotive engineering sub-faculty of the St. Petersburg University of the MIA of Russia
THE INFLUENCE OF LEGAL CONSCIOUSNESS ON THE MINIMIZATION OF LEGAL ERRORS
The article identifies the main ways to eliminate legal errors. The legal policy of a democratic state is aimed at streamlining the legal sphere of society, where one of the tasks of legal policy is to minimize legal errors.
The interrelation of the legal consciousness of the subject of the realization of the right and the probability of making a legal error is analyzed. A legal error may be a consequence of the underdevelopment of individual legal consciousness. The causes of legal errors can be deformations of individual legal consciousness (legal idealism, legal conformism, legal nihilism, etc.).
It is proven that the prevention and counteraction of legal errors should serve to increase the level of legal consciousness of the subject, especially professional. To do this, it is first necessary to improve the system of legal education. Legal information, legal education and legal education of citizens are defined as means of raising the level of legal awareness.
The essence and signs of professional legal awareness are described, as well as a number of special means of preventing and overcoming deformations of professional legal awareness.
Keywords: legal psychology, legal consciousness, professional legal awareness, legal error, minimization of legal errors, prevention of legal errors.
Bibliographic list of articles
1. Palekha R.R. Legal consciousness as an element of the content of legal influence // Law and state: theory and practice. – 2020. – No. 4 (184). – P. 82.
2. Belyaev V.P., Belyaeva G.S., Antonova Zh.D. Legal consciousness in the mechanism for protecting the rights and freedoms of citizens: a general theoretical approach. – M.: Yurlitinform, 2017. – P. 5.
3. Kozhevnikov V.V., Zverev V.O., Voinarovskaya L.I. Types of legal consciousness in jurisprudence and their possible deformation // Psychopedagogy in law enforcement agencies. – 2023. T. 28. – No. 1 (92). – pp. 97-102. – [Electronic resource]. – Access mode: https://doi.org/10. 24412/1999-6241-2023-192-97-102.
4. Lisyutkin A. B. Error as a category of jurisprudence: theoretical and methodological aspect: Author’s abstract. dis. … doc. legal Sci. – Saratov, 2002. – P. 27.
5. Rowena Rodrigues, Legal and human rights issues of AI: gaps, challenges and vulnerabilities, Journal of Responsible Technology (2020). – [Electronic resource]. – Regism access: https://doi.org/10.1016/j.jrt.2020.100005.
6. Gusarova M. A. The relationship between legal ideology and legal psychology as a factor in overcoming the crisis of legal consciousness in modern Russian society (philosophical and legal aspect) // Bulletin of the Vyatka State University. – 2017. – No. 6. – P. 12-16.
7. Osipov R. A. Legal awareness and legal consciousness of citizens: theoretical issues: Author’s abstract. dis. …cand. legal Sci. – Saratov, 2018. – 26 p.
8. Osipov R. A. Legal awareness and legal consciousness of citizens (theory issues): Dis. …cand. legal Sci. – Saratov, 2018. – P. 120.
9. Grib V.V. Factors influencing the formation of professional legal consciousness of Russian lawyers // History of State and Law. – 2003. – No. 6. – P. 17-19.
10. Bredneva V. S. Technologies for overcoming the deformation of the professional legal consciousness of subjects of legal activity // Society: politics, economics, law. – 2019. – No. 11 (76). – P. 96-100. – [Electronic resource]. – Access mode: DOI 10.24158/pep.2019.11.15.
THEORY OF STATE AND LAW
ISHEKOV Konstantin Anatoljevich
Ph.D. in Law, associate professor, professor of Legal foundations of management sub-faculty of the Faculty of Public Administration of the M. V. Lomonosov Moscow State University; professor of Fundamental legal and social-humanitarian disciplines sub-faculty of the Moscow Financial and Industrial University “Synergy”
POPOV Pavel Valerjevich
postgraduate student of Fundamental legal and social-humanitarian disciplines sub-faculty of the Moscow Financial and Industrial University “Synergy”
BASIC APPROACHES TO UNDERSTANDING THE LEGAL SYSTEM IN THE RUSSIAN LEGAL DOCTRINE
The article discusses the doctrinal approaches used by Russian scientists in the process of understanding the legal category “legal system”. The article analyzes various scientific opinions on the understanding of the legal system. The authors made an attempt to separate these approaches into separate groups, as a result of which seven scientifically based approaches to understanding the concept under study are proposed: functional, sociological, philosophical, formal legal, systemic, cultural and transnational. The study identified specific features of their application in a modern rule-of-law state and society, and also analyzed the impact of each of the described approaches on the legal system of the Russian Federation. The diversity in the understanding of the legal system has shown its versatility, ability to change and adapt to modern conditions of life of society and the state. Based on the above, the authors made conclusions about the predominance of the formal legal approach in the Russian legal doctrine; significant influence on the Russian legal system of cultural and transnational approaches; partial manifestation of systemic and functional approaches; a critical attitude has been expressed towards the use of sociological and philosophical approaches to understanding the legal system.
Keywords: legal system, legal doctrine, pluralism, public relations, legal definition.
Bibliographic list of articles
1. Alekseev S.S. General theory of law: course in 2 volumes – T. 1. – M.: Legal literature, 1981. – 359 pp.
2. Alekseev S.S. General theory of law: textbook. 2nd ed., revised. and additional – M.: TK “Velby”. 2008. – 307 pp.
3. Alekseev S. S. Theory of Law. 2nd ed. – M., 1995. – 276 p.
4. Baytin M.I. The essence of law (modern normative understanding on the verge of two centuries). – Saratov, 2003. – 416 pp.
5. Bolsunov M. A. On the issue of the concept of the legal system // Bulletin of the Samara Humanitarian Academy. Series: Law. – 2011. – No. 1. – P. 56-65.
6. Vasiliev V.V. Systematicity of law as a philosophical and legal category // State and law: theory and practice: materials of the I International. scientific conf. (Chelyabinsk, April 2011). – Chelyabinsk: Two Komsomol members, 2011. – P. 15-18.
7. Voplenko N. N. Essays on the general theory of law. – Volgograd, 2009. – 898 p.
8. Gubaidullin A.R. Functions of law and the legal system of society // Scientific notes of Kazan University. Series: Humanities. – 2013. – T. 155. – No. 4. – P. 27-36.
9. Dolgikh F.I. Theory of state and law: textbook. – Moscow: Synergy University, 2023. – 465 p.
10. Iskevich I. S., Popov A. N. The legal system of Russia and the international legal system: issues and ways of interaction // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 162-165.
11. Kislitsyna N. F. Development of the system of international law at the present stage: abstract. dis. …cand. legal Sci. – M., 2010. – 26 p.
12. Maistrenko G. A. Russian legal system: current state and development prospects // Theories and problems of political research. 2022. – Volume 11. – No. 6A. – pp. 86-91.
13. Malyshev B.V. Legal system: elemental composition and structure // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. 2013. – No. 2 (58). – P.30-35.
14. Malko A.V. Legal system and legal life of society // Journal of Russian Law. – 2014. – No. 7 (211). – pp. 51-60.
15. Matuzov N. I. Current problems of the theory of law. – Saratov: Publishing house Sarat. state acad. Law, 2003. – 512 p.
16. Miletsky V.P. Sociological aspects of the analysis of the evolution of the legal system of Russia // Bulletin of St. Petersburg University. International relationships. – 2003. – No. 2. – P. 73-38.
17. Problems of the general theory of law and state: Textbook for universities / Ed. ed. acad. RAS, Doctor of Law, Prof. V. S. Nersesyants. – M: NORM – INFRA-M, 2002. – 832 p.
18. Reutov V.P. On the relationship between functions and structures in the legal system // Bulletin of Perm University. – 2001. – No. 1. – P. 7-20.
19. Rudenko V.V. Russian constitutional reform of 2020: transformation of the value system // Leningrad Legal Journal. – 2020. – No. 4 (62). – pp. 71-83.
20. Salygin E. N. Legal system as an object of sociological and legal analysis // Law. Journal of the Higher School of Economics. – 2014. – No. 1. – P. 57-69.
21. Soviet state law / ed. I. E. Farber. – Saratov, 1979. – 324 p.
22. Theory of State and Law: Course of Lectures / Ed. N. I. Matuzova and A. V. Malko. – M.: Yurist, 2001. – 776 p.
23. Tikhomirov Yu. A. Law: national, international, comparative // State and law. – 1999. – No. 8. – P. 5-12.
24. Tikhomirov Yu. A. Comparative law: development of concepts and social practice // Journal of Russian Law. – 2006. – No. 6. – P. 3-15.
25. Filippova N. A. National identity in the Eurasian context: features of the Russian constitutional reform of 2020 // Bulletin of Surgut State University. – 2020. – No. 2 (28). – pp. 95-107.
26. Shashin P. A. Legal culture in the legal system of society: dis. …cand. legal Sci. – St. Petersburg, 2006. – 191 p.
27. Yarmieva I. T. Structure and functions of the legal system // Rule of law: theory and practice. – 2019. – No. 1 (55). – pp. 80-85.
THEORY OF STATE AND LAW
KONDRATJEVA Anna Nikolaevna
Ph.D. in Law, Head of the Department of Pre-university Training of the Sredne-Volzhsky Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia) in Saransk
KREPYSHEVA Veronika Viktorovna
specialist in organizational work of the Department of Project Activities and Sports and Recreation Work of the Youth Policy Department of the N. I. Lobachevsky National Research Nizhny Novgorod State University
REGULATION OF FAMILY AND MARRIAGE RELATIONS IN TUNISIA
Marriage and family relations in modern Tunisia are regulated by the Personal Status Code of 1956, which defines the procedure for marriage, divorce, inheritance, alimony, child custody and a number of other issues. This document changed the legal status of women and expanded her rights and opportunities. The article focuses on the role of this legal act in the transformation of social relations in modern Tunisia.
Keywords: Code of the Republic of Tunisia on Personal Status of 1956, legal status of women, marriage, family, divorce.
Bibliographic list of articles
1. Medushevsky N. A., Savicheva P. Yu. Women’s rights in modern Tunisia: past achievements and a look into the future // Theories and problems of political research. – 2021. – Volume 10. – No. 2A. – pp. 17-27.
2. Legal systems of the countries of the world: encyclical. reference / Rep. ed. A. Ya. Sukharev. – 3rd ed., revised. and additional – Moscow: NORMA, 2003 (JSC Mozhaisk Printing Plant). – 967 pp.
3. Ryzhkova E. A. Formation of family law in Tunisia (historical and legal aspect): abstract. dis. …cand. legal Sciences: 12.00.01. – M., 2000. – 26 p.
4. Borrmans M. Divorce et abus de droit en Tunisie. – I.B.L.A., 1967.
5. Khedher R. Tracing the Development of the Tunisian 1956 Code of Personal Status // Journal of International Women’s Studies. – 2017. – Vol. 18. – Iss. 4. – Article 3.
6. Russell J. Code of Personal Status (Tunisia). – M.: Book on Demand, 2013. – 112 p.
7. Sfeir George N. The Tunisian Code of Personal Status (Majallat al-Ahwal al-Shakhsiyah) // The Middle East Journal. – 1957. – No. 3. – R. 310.
8. Sofi M. Dawood. The Tunisian Republic and the Restructuring of Socio-Economic Institutions: A Brief Analysis of Bourguiba’s Nation-Building Project // Islamic studies. – 2018. – Vol. 57 (3-4). – Rr. 245-259.
9. Whidden G. R. “If There Be One Only, She Shall Inherit Half”: Explaining the Preservation of Islamic Inheritance Law in Tunisia’s 1956 Personal Status Code: An Thesis Presented for the Degree of Bachelor of Arts / Gwendolyn R. Whidden; The Faculty of the Department of Politics Bates College. – Lewiston, 2019. – 132 pp.
THEORY OF STATE AND LAW
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
LEGALITY IN PUBLIC ADMINISTRATION: LEGAL AND ETHICAL ASPECTS
The article presents a scientific analysis of the issues of strengthening the rule of law and discipline of public administration in the Russian Federation. The most significant problems in this area are analyzed. According to the results of the study, it is proposed to establish clear goals of statehood and public administration at the state legal level, ensure an appropriate ratio of legislative and subordinate levels, expand anti-corruption measures in the field of public administration, increase ethical requirements for the legal profession and professional legal activity, and form effective mechanisms for external audit of public administration.
Keywords: public administration, public associations, state-public associations, public-state associations, public monitoring commission, public council, board of trustees.
Bibliographic list of articles
1. Malkova L. L. Goals of public administration and social progress in the Russian Federation: legal aspect // Eurasian Legal Journal. – 2022. – No. 9 (172). – pp. 85-88.
2. Lityagin N. N. Revision and systematization of legislation // State and law. –2003. – No. 4. – P. 26-32.
3. Golodov P.V. Some problems of rule-making of federal executive authorities // Ius publicum et privatum. – 2021. – No. 5 (15). – pp. 118-123.
4. Olkhovik N.V. Legal problems of mandatory genomic registration of convicts in Russia // Bulletin of the Tomsk Institute for Advanced Training of Workers of the Federal Penitentiary Service of Russia. – 2020. – No. 2 (4). – pp. 51-56.
5. Kamaletdinov E. S. Moral aspects of a lawyer’s activities: modern dimension // Bulletin of the Bashkir University. – 2013. – T. 18. – No. 1. – P. 217-219.
THEORY OF STATE AND LAW
SPIRIN Mikhail Yurjevich
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law and international law sub-faculty of the Institute of Law of the S. P. Korolyov Samara National Research University
THE MAIN STAGES IN THE DEVELOPMENT OF SOVIET LEGAL MORPHOLOGY (DOCTRINE OF SOURCES AND FORMS OF LAW)
The article is devoted to the main ideas of representatives of the Soviet general theory of law from the 40s to the 80s of the XX century in the field of legal morphology (doctrine of sources and forms of law). The understanding of the source of law and the form of law as legal categories that are different in meaning is considered, a semantic and substantive connection between them is established and the features of the internal and external forms of law are analyzed. The difficulty of distinguishing between the external form of law and the formal source of law in some discrepant meanings of these related categories is determined.
Based on the analyzed classical concepts of Soviet theoretical jurisprudence, the author draws attention to the relevance of using the category “form of law” in its primary meaning both by modern general theory of law and by branch legal disciplines.
Keywords: source of law, formal source of law, form of law, internal form of law, external form of law, legal morphology.
Bibliographic list of articles
1. Aleksandrov N. G. The concept of a source of law // Scientific works of the All-Union Institute of Legal Sciences. – M., 1946. – Issue. 8. – pp. 47-54.
2. Baytin M.I. The essence of law (Modern normative legal understanding on the verge of two centuries). – 2nd ed. – M.: Publishing house. House “Law and State”, 2005. – 544 p.
3. Vilnyansky S.I. On the issue of the sources of Soviet law // Problems of socialist law. – 1939. – No. 4–5. – pp. 62-71.
4. Zivs S. L. Sources of law. – M.: Nauka, 1981. – 240 p.
5. Kalinin A. Yu., Komarov S. A. Form (source) of law as a category in the theory of state and law // News of higher educational institutions. Jurisprudence. – 2000. – No. 6 (233). – pp. 3-10.
6. Kerimov D. A. Sources of Soviet socialist law: abstract. dis. …cand. legal Sci. – L., 1950. – 24 p.
7. Kerimov D. A. The concept of the source of Soviet socialist law in the light of the work of I. V. Stalin “Marxism and linguistic issuesiya” // Scientific notes of the Leningrad Law Institute. – L., 1951. – Issue. 5. – pp. 41-68.
8. Kechekyan S. F. On the concept of a source of law // Scientific notes of Moscow State University. – Vol. 116. Proceedings of the Faculty of Law. – Book 2. – M.: Moscow State University Publishing House, 1946. – P. 3-25.
9. Muromtsev G.I. Sources of law (theoretical aspects of the problem) // Jurisprudence. – 1992. – No. 2. – P. 23–30.
10. Petrov A. V. On the category of forms of law // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – 2012. – No. 5 (1). – pp. 245-251.
11. Petrov K.V. Sources and forms of law in Soviet jurisprudence // Leningrad Legal Journal. – 2009. – No. 2 (16). – pp. 23-33.
12. Spirin M. Yu. Main stages of development of the domestic doctrine of sources and forms of law // Legal science. – 2017. – No. 6. – P. 9-18.
13. Shebanov A. F. Form of Soviet law. – M.: Legal literature, 1968. – 216 p.
THEORY OF STATE AND LAW
FRIZEN Peter Dmitrievich
Ph.D. in Law, associate professor, professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
NEGATIVE SOCIAL PHENOMENA CONTRIBUTING TO THE COMMISSION OF ROBBERIES IN RUSSIA
The presented article examines the issues related to the main features of the determination of modern robberies. In particular, such negative social phenomena as alcohol and drug addiction are considered, which significantly affect the number of committed open crime in the country. The author comes to the conclusion that the direct involvement of the state is required to solve the problem of the spread of drug addiction and alcoholism in the country. The police, as the main subject of robbery prevention, must effectively prevent criminal encroachments of the type in question, eliminate problems related to the organization of law enforcement agencies’ activities to counter negative social phenomena in society.
Keywords: robbery, causes and conditions, alcoholism, drunkenness, drug addiction, crime prevention, police.
Bibliographic list of articles
1. Ilyushkin N.V. Prevention of robberies in Russia // Problems of science. – 2019. – No. 12 (48). – pp. 95-97.
2. The concept of public safety in the Russian Federation: approved. President of the Russian Federation 11/14/2013 No. Pr-2685 // SPS Consultant Plus (date of access: 10/05/2023).
3. Abyzov R. M., Abyzov K. R., Botvin I. V. et al. Criminology: General and Special Parts: a course of lectures / Ed. ed. Doctor of Law Sciences, prof., honored. lawyer of the Russian Federation R. M. Abyzov. Barnaul: Bureau of Justice of the Ministry of Internal Affairs of Russia, 2020. – 262 p.
4. Makapov A. A. Alcoholism as a determinant of criminal behavior // Information and education: boundaries of communications INFO’21. – 2021. – pp. 217-219.
5. Botvin I.V., Ermakova O.V., Semenyuk R.A., Headquarters O.N., etc. Features of initial qualification and prevention of crimes considered by local police officers: monograph. – Barnaul: BYUI of the Ministry of Internal Affairs of Russia, 2019. – 164 p.
6. Pospelova V. B. The state and causes of theft in Russia // Legal science in the 21st century: current problems and prospects for their solutions. – 2021. – pp. 98-99.
7. Semenyuk R. A. Crimes committed while intoxicated: statement of the problem // Current problems in the fight against crimes and other offenses: materials of the twelfth international scientific and practical conference. conf. – Barnaul: BYUI of the Ministry of Internal Affairs of Russia, 2014. – pp. 57-60.
8. Telegina E. G. Criminological and victimological analysis of crimes against property in modern Russia // Best student article 2017: collection of articles of the XII International Scientific and Practical. competition. – Penza, 2017. – pp. 246-251.
THEORY OF STATE AND LAW
CHINAEV Vsevolod Viktorovich
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
LEGAL RISKS OF TRANSITION TO A DIGITAL SOCIETY
The article presents the achievements and advantages of using digital technologies in the legal field. The problems and legal risks associated with the introduction of digital technologies are analyzed. It is noted that in order to prevent cyber threats, an organization can use digital solutions, platforms and tools that meet the requirements of legislation. It is concluded that the scope of legal protection should meet the rapidly changing environment of threats associated with the use of information technology. It is revealed that the main risk factors in the production sector are associated with information security violations caused by cyber attacks, loss of personal data, etc. It is proven that digital technologies allow, on the one hand, to increase the efficiency of the company’s activities, but on the other hand,they increase legal risks. Therefore, it is necessary to develop the provisions of regulatory legal acts in this area, helping to reduce the legal risks associated with the increase in the scale of digitalization and automation.
Keywords: technologies, digital technologies, digitalization, Internet, privacy, personal data, legal problems, legal risks, data protection.
Bibliographic list of articles
1. Allhoff F., Henschke A. The Internet of Things: Fundamental ethical issues // Internet of Things. 2018. 1-2. P. 55-66.
2. Ragnedda M. Enhancing Digital Equity: Connecting the Digital Underclass. Palgrave, 2020.
3. Sahmim S. Gharsellaoui H. Privacy and Security in Internet-based Computing: Cloud Computing, Internet of Things, Cloud of Things: A review // Procedia Computer Science. 2017. 112. P. 1516-1522.
THEORY OF STATE AND LAW
CHINAEV Vsevolod Viktorovich
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
REGULATORY DESIGN OF MECHANISMS FOR COUNTERING RISKS IN THE FIELD OF ENSURING TECHNOLOGICAL SOVEREIGNTY OF RUSSIA
Technological sovereignty is an important component of the development of the state, especially in the modern digital economy. This concept means the ability of a country to independently develop and use advanced technologies to ensure its economic, political and defense security. However, in the conditions of a rapidly changing world and the increasing digitalization of various levels of society, new risks arise that can harm Russia’s technological sovereignty. In this context, the regulatory design of risk mitigation mechanisms is an integral part of ensuring the technological sovereignty of the country. Therefore, the issues of improving the legal regulation of this sphere are becoming relevant and of scientific importance, especially nowadays.
Keywords: technological sovereignty, regulatory regulation, risk management, information security, development of Russia.
Bibliographic list of articles
1. Astapenko P. N. Digital sovereignty as a condition for the implementation of state sovereignty in the Internet era. – Text: direct // Publishing house of Smolensk State University. – 2022. – No. 9. – pp. 27-33
2. Blinova T. N., Kovalenkova A. A., Semionova E. A. et al. Personnel of technological sovereignty of Russia – previous problems and urgent solutions. – Text: direct // University management: practice and analysis. – 2022. – No. 26 (4). – pp. 37-55
3. Goryacheva T.V., Myzrova O.A. The role and place of technological sovereignty in ensuring the sustainability of the Russian economy. – Text: immediate // Izv. Sarat. un-ta. New ser. Ser.: Economics. Control. Right. – 2023. – T. 23. – Issue. 2. – pp. 134-145.
4. Zhdaneev O. V. Ensuring the technological sovereignty of the fuel and energy sectors of the Russian Federation. – Text: direct // Notes of the Mining Institute. – No. 258. – P. 1061-1078.
5. Lapaeva V.V. Technological sovereignty of Russia: legal problems. – Text: direct // Scientific research. – 2023. – pp. 60-72.
6. Neretin O.P. Intellectual sovereignty of the Russian economy – Moscow: Federal Institute of Industrial Property (FIPS), 2022. – 166 pp.
7. Smorgunov L.V. Evidence-based policy of technological sovereignty and its design. – Text: immediate // South Russian Journal of Social Sciences. – 2022. – T. 23. – No. 3. – P. 6-19.
8. Timofeeva A.D. Technological sovereignty: the legal aspect of the concept at the current stage of regulation. – Text: immediate // Young scientist. – 2023. – No. 21 (468). – pp. 350-352.
THEORY OF STATE AND LAW
KHAKIMOVA Alina Rafaelevna
Head of the Accounting and Reporting Sector of subordinate institutions of the Ministry of Culture of the Republic of Tatarstan
ECONOMIC CRIME: INDIVIDUAL PSYCHOLOGICAL CHARACTERISTICS OF A PERSON
This article examines the psychological characteristics common among persons committing economic crimes. The characteristic of their psychological characteristics of personality is given. A typology of the personalities of persons committing economic crimes is proposed. The importance of understanding the psychological foundations of economic crimes for the development of effective prevention and intervention strategies is emphasized.
Keywords:economic crime, personality traits, motives of crime, financial violations, psychology of the criminal.
Bibliographic list of articles
1. State of crime in Russia for January-September 2023of the year. // Ministry of Internal Affairs of the Russian Federation, Federal State Institution “Main Information and Analytical Center”, Moscow.
2. The Prosecutor General’s Office reported a reduction in the number of economic crimes by 6% since the beginning of the year. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/18958035 (date of access: 10/23/2023)
3. Criminology: a textbook for universities / V. I. Avdiysky [and others]; edited by V. I. Avdiysky, L. A. Bukalerova. — 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 301 p. – (Higher education). — ISBN 978-5-534-03566-7. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/510960 (date of access: 10/24/2023).
4. Criminology: a textbook for universities / O. S. Kapinus [etc.]; under the general editorship of O. S. Kapinus. — 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 1132 p. – (Higher education). — ISBN 978-5-534-09795-5. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/517394 (date of access: 10/24/2023).
5. The Prosecutor General’s Office recorded an increase in crime among women in Russia: VEDOMOSTI. [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2022/10/31/948099-genprokuratura-zafiksirovala-rost-prestupnosti-sredi-zhenschin (date of access: 10/23/2023).
6. Economic crime: socio-psychological aspect.; Deulin D.V. // Bulletin of Economic Security. – 2010.
HISTORY OF STATE AND LAW
VAKHITOVA Guzel Valerjevna
Ph.D. in philological sciences, associate professor, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
GAZIZOVA Leysan Makhmutovna
Ph.D. in Law, associate professor, associate professor of Law and humanitarian disciplines sub-faculty of the branch in Derbent of the Dagestan State University
RUDMAN Mark Naumovich
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
HISTORICAL AND CULTURAL FOUNDATIONS AND CONTRADICTIONS OF EURASIAN ETHICS
The article sets out the tasks of identifying, firstly, the value-historical prerequisites for the formation of Eurasian ethics, secondly, the features of its content that synthesized the cultural foundations of the Eurasian ideology, thirdly, the contradictions of the Eurasian concept of the synthesis of ethics and the justification of the unlimited state power. Results: the study revealed contradictions in the ethical concept of Eurasianism, initially based on historically formed tribal customs and traditions that contradict legal universalism. The analysis of the historical and cultural prerequisites for the emergence of Eurasianism made it possible to explain the root causes of the emergence of the Eurasian ideology, to identify its historical conditionality and interrelation with the global trends of the crisis of liberal statehood. With regard to the problem of building a rule of law, which is relevant for the modern Russian Federation, the conclusion is substantiated that Eurasian ideas are unacceptable for the development of ideology and law, since their use threatens the loss of the possibility of implementing the functions of public authority to maintain social peace and harmony.
Keywords: Eurasianism, ethics, rule of law, mentality, autocracy, rationalism, liberalism, collectivism.
Bibliographic list of articles
1. Mazurin S.F., Salnikov M.V. The rule of law in Russia: some conceptual approaches // The rule of law: theory and practice. – 2019. – No. 2. – P. 32-39.
2. Zakhartsev S.I., Maslennikov D.V., Salnikov V.P. Theoretical and methodological foundations of the philosophy of law of F.M. Dostoevsky as an ideologist of “pre-Eurasianism” // Rule of Law: Theory and Practice. – 2019. – No. 2. – P. 17-24.
3. Ivakin G. A. Right-wing monarchism and its political opponents: inter-party struggle in Russia in 1905-1917. – M.: Ethnosocium and interethnic culture, 2014. – 261 p.
4. Trubetskoy N.S. About the Turanian element in Russian culture // Russia between Europe and Asia: Eurasian temptation. – M.: Nauka, 1993. – P. 59-76.
5. Rudman M. N. Contradictions in social memory about the place of religion in Russian society and their consequences // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 1 (9). – pp. 7-16.
6. Ponomarev E. R. Motherland in the philosophy of Eurasianism // Imagology and comparative studies. – 2022. – No. 17. – P. 266-286.
7. Savitsky P. N. Eurasianism // Russia between Europe and Asia: Eurasian temptation. – M.: Nauka, 1993. – P. 100-113.
8. Gazizova L.M., Rudman M.N. Ethical and legal foundations of Eurasianism as a reflection of the systemic crisis of Russian statehood in the first half of the twentieth century // Eurasian Legal Journal. – 2022. – No. 9 (172). – pp. 98-103.
HISTORY OF STATE AND LAW
GABDRAKHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University
THE LAW AND PRACTICE OF APPOINTMENT AND DISMISSAL OF PROSECUTORS IN THE SOVIET PROSECUTOR’S OFFICE IN 1922-1940
The article deals with the issues of appointment, relocation and dismissal (hereinafter – appointment) of prosecutors in the prosecutor’s offices of the USSR, the RSFSR, the Supreme Court of the USSR (hereinafter – the Supreme Court of the USSR), the Mari Autonomous Region (hereinafter – MAO) and the Mari ASSR (hereinafter – MASSR) in 1922-1940.
The study confirmed the existence of two parallel structures in the prosecutor’s office, which influenced the personnel policy. From 1922 to 1936, all appointments in the Soviet Prosecutor’s office, with the exception of the Prosecutor’s Office of the USSR Armed Forces, were carried out by the People’s Commissariat of Justice of the RSFSR. The Regulation on Prosecutorial Supervision of 1922 became decisive. Employees of the Prosecutor’s Office of the USSR Armed Forces, which operated in 1923-1933, were appointed depending on the position by the Presidium of the CEC of the USSR on the recommendation of the Prosecutor of the USSR Armed Forces or by orders of the Prosecutor of the USSR Armed Forces.
The Regulation on the Prosecutor’s Office of the USSR of 1933 provided for several categories of prosecutors when they were appointed and smoked. The role of the Prosecutor of the USSR in the appointment of prosecutorial personnel was significantly increased.
In the Prosecutor’s office of MAO in 1922-1936, the prosecutors of the region were appointed by the People’s Commissariat of Justice. Other prosecutors, for example, assistant prosecutors of the region, were appointed until 1929 by the People’s Commissariat of Justice, in 1930-1931 – by the Nizhny Novgorod Regional Prosecutor’s Office, in 1932-1936 – directly by the prosecutor of the region. Practice has shown that this appointment continued in 1937 as the prosecutor of the MASSR.
Since 1937, all personnel decisions in the prosecutor’s office have been made within the framework of a single centralized prosecutor’s system. Depending on their competence, prosecutors were appointed to positions or approved by the prosecutors of the USSR and the RSFSR, and those who were not included in their nomenclature were subordinate prosecutors.
It was only in January 1938 that the word “admit” appeared for the first time in the order of the prosecutor of the MASSR on appointment. Documents for candidates to occupy certain positions (deputy prosecutor, heads of departments, city prosecutors, investigators, etc., about 10 in total) for appointment or approval began to be sent to the prosecutor’s offices of the USSR and the RSFSR.
Keywords: Soviet Prosecutor’s office, regulation on prosecutor’s supervision, appointment and dismissal of prosecutors, Prosecutor’s Office of the USSR, People’s Commissariat of Justice, Nizhkrayprok’s Office, Prosecutor’s Office of the Mari ASSR
Bibliographic list of articles
1. Vyazovchenko L. I., Efremov A. A. Constitutional and legal status of the prosecutor’s office in the Soviet period of Russian history // State and society: yesterday, today, tomorrow. – 2018. – No. 2. – P. 57-62. – EDN OTCJLW.
2. Gavrilov S. O., Mishchenko L. V. Formation and development of the prosecutor’s office system of the RSFSR during the formation of the Soviet political regime (1917 – early 1920s) // SibScript. – 2012. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-i-razvitie-sistemy-prokuratury-rsfsr-v-period-formirovaniya-sovetskogo-politicheskogo-rezhima-1917-nachalo-1920-h-gg ( date of access: 02.11.2023).
3. Galkin O. V. The role and significance of party acts in the implementation of prosecutorial supervision in the USSR in the 1920s-1930s // Prologue: a magazine about law. – 2021. – No. 3 (31). – pp. 133-141. – DOI 10.21639/2313-6715.2021.3.13. – EDN ICBLM.
4. Zinoviev G. A. Creation and development of prosecutorial supervision bodies on the territory of North Ossetia (1922-1925) // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2015. – No. 3. – P. 45-50. – EDN VAUSYB.
5. From the history of the Mari Autonomous Soviet Socialist Republic [Text]: Collection of articles / Ed. A. Khlebnikova (ed.) [and others]; MarNIYALI at SM MASSR. – Yoshkar-Ola: Mari book. publishing house, 1956 [trans. 1957]. – 232 pp.
6. Krylenko N. Towards the reform of the current judicial system // Weekly of Soviet Justice. – 1922. – No. 5 (Jan. 29). [Electrothis resource]. – Access mode: https://www.prlib.ru/sites/default/files/book_preview/ace00608-3c10-466d-b4f2-3055461f 292e/1801728-doc1-c36fde37-f22c-4f95-ad66-5971b6d50d22.jpg (date access: 02.11.2023)
7. Maksimova O. D., Sivtsev N. I. Search for the place and role of the prosecutor’s office in the system of authorities of the Soviet state in the 1920s – 1930s. // Law and state: theory and practice. – 2019. – No. 11 (179). – pp. 20-22. – EDN ZYDGGX.
8. Development of the institution of the prosecutor’s office in the period 1933-1977. [Electronic resource]. – Access mode: https://studbooks.net/1082965/pravo/razvitie_instituta_prokuratury_period_1933_1977 (date of access: 10/15/2023).
9. Strukov V.N. Registration of the USSR Prosecutor’s Office Institute into a single centralized system // Bulletin of the BelYUI Ministry of Internal Affairs of Russia. – 2018. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/oformlenie-instituta-prokuratury-sssr-v-edinuyu-tsentralizovannuyu-sistemu (date of access: 09/23/2023).
10. Khayali R.I. Restoration of the institution of the prosecutor’s office in Soviet Russia // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. – 2021. – T. 7. No. 3-1. – pp. 67-76. – DOI 10.37279/2413-1733-2021-7-3(1)-67-76. – EDN EINNEZ.
HISTORY OF STATE AND LAW
KONOVALOVA Tatyana Alexandrovna
Ph.D. in economical sciences, associate professor of Customs administration sub-faculty of the Faculty of Security and Customs, Northwestern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
DEVELOPMENT OF THE BORDER CUSTOMS GUARD ON THE SOUTHERN COAST OF THE GULF OF FINLAND OF THE RUSSIAN EMPIRE
The article considers the issues of regulation of the border customs guard of the Russian Empire on the southern coast of the Gulf of Finland in the period from the first half of the XVIII century to the beginning of the XX century. The legal acts regulating the activities of the border customs guard first, and then the border guard are under investigation. The composition of the members of the guard, its logistical support, including the specifics of uniforms, is presented. Based on the study of military topographic maps of St. Petersburg and its environs at that time, the author presents the locations of specific outposts and customs stations. The author came to the conclusion that the best result in the activities of the border customs guard was only in the form of a paramilitary integrated service managed from one center; all attempts to save money by reducing the staff of the border customs guard or reducing the number of customs vessels led to an increase in the transportation of contraband goods, as a result of which the Russian industry suffered.
Keywords: border customs guard, border guard, coastal border guard, customs detourer, cordons, smuggling of goods, the southern coast of the Gulf of Finland.
Bibliographic list of articles
1. Alepko A.V. History of the Russian Armed Forces: Border Protection Service (IX-XX centuries): a textbook for secondary vocational education. – M.: Yurayt, 2019.
2. Berezina O. V. Some historical aspects of the fight against smuggling from the times of Ancient Rus’ to the present day // Young scientist. – 2014. – No. 9 (68).
3. Boriskin V.I., Plekhanov A.M., Chepelkin M.A. Borders of the Russian Empire, their protection and defense (1725-1827) // Border Guard. – 1996. – No. 8.
4. Boyarsky V.I. Stand on guard of Rus’. Pages of the history of the border guards of the Russian state. – M.: Granitsa, 1992.
5. Kislovsky Yu. G. Smuggling: history and modernity / Ed. A. S. Kruglikova. – M.: IPO “Author”, 1996.
6. Plekhanov A. M. Separate corps of border guards. Brief historical sketch. – M., 1993.
7. Plekhanov A. M. Security of the state border during the transition from customs guards to the troops // Border Guard. – 1996. – No. 9.
HISTORY OF STATE AND LAW
STEPKIN Evgeniy Yurjevich,
Ph.D. in Law, associate professor, Deputy Head of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
I. ZONNENFELS’ IDEAS AND THEIR INFLUENCE ON CATHERINE II’S POLICE REFORMS
The article discusses the ideas of one of the largest Austrian political scientists of the XVIII – early XIX centuries, Professor of the University of Vienna, baron Joseph Sonnenfels on the appointment, organization and activities of the police. The relationship between his views and the provisions of the main political and legal documents of Catherine II is traced.
Keywords: Zonnenfels, police, organization, functions, ideas, reforms, state.
Prystateinth bibliographic list
1. Bielfeld Ya. Political instructions of Baron Bielfeld. Part 1. – M.: Imperial Moscow University, 1768.
2. Bielfeld Ya. Political instructions of Baron Bielfeld. Part 2. – M.: Imperial Moscow University, 1775.
3. Sonnenfels I. Joseph Sonnenfels the initial foundations of the police or deanery. – M., 1787.
4. Polenov D.V. Historical information about the Catherine Commission for the drafting of a new Code // Collection of the Russian Historical Society. Volume four. – St. Petersburg, 1869.
5. Kamensky A. B. Russian Empire in the 18th century: traditions and modernization. – M.: UFO, 1999.
6. Tarnovsky F.V. Political doctrine in the Order of Empress Catherine II // Collection of articles on the history of law, dedicated to M.V. Vladimirsky-Budanov. – Kyiv, 1904. – P. 44-86.
7. Justi I. G. G. The foundation of the strength and well-being of kingdoms or a detailed outline of all knowledge related to state deanery.” – St. Petersburg, 1778. – Part 4.
CONSTITUTIONAL LAW
AL-BAZZAR Omer Abd Alnafea Khaleel
postgraduate student of Constitutional law and constitutional judiciary of the Patrice Lumumba Peoples’ Friendship University of Russia
JUDICIAL GUARANTEES OF THE VOTER, JUDICIAL GUARANTEES OF THE REGISTRATION PROCEDURE IN THE ELECTORAL LISTS: A COMPARATIVE LEGAL STUDY (SYRIA, EGYPT AND IRAQ)
In this article, a comprehensive study was conducted aimed at analyzing the judicial guarantees provided to voters during the registration process in the electoral lists in three countries: Syria, Egypt and Iraq. The aim of the study is to identify similarities and differences in judicial mechanisms that ensure the protection of electoral rights and the legality of registration procedures in these countries. The methodology of the study is based on the analysis of constitutions, election laws, court decisions related to voter registration. The results of the study allow us to identify the most important legal mechanisms and procedures that provide judicial guarantees for voter registration and registration procedures in Syria, Egypt and Iraq. In addition, the study highlights the development of legislation and technology in these countries, including the transition to electronic systems and mandatory voter registration. In short, the article provides an important practical research basis for improving judicial guarantees in the conduct of elections and voter registration in Syria, Egypt and Iraq.
Keywords: judicial guarantees, elections, voter, Syria, Egypt, Iraq.
Bibliographic list of articles
1. Saad A., Mokled A., Ismail I. N. Electoral systems. – Beirut: Al-Halabi Legal Publications, 2005. – 350 pp.
2. Kashakish K. Yu. A. On the way to an advanced democratic law on elections in Jordan. – Irbid: Karim Kashkash, 1998. – 172 p.
3. Shikha I. A. A. Analysis of the constitutional system of Egypt. – 1st ed. – Alexandria: Knowledge Center, 2003. – 376 pp.
4. Tohami A. Sh. Mediation and reconciliation of disputes in Egyptian legislation and comparative law // Journal of Legal Research of the International University of the Southern Valley. – 2021. – No. 6. – P. 458-506.
5. Decision of the President of the Arab Republic of Egypt by Law No. 45 of 2014 on the proclamation of a law regulating the exercise of political rights // Kadaya. – [Electronic resource]. – Access mode: https://qadaya.net/?p=8755
6. Law No. 198 of 2017 on the National Election Commission of Egypt // elections.eg [Electronic resource]. – Access mode: https://www.elections.eg/images/pdfs/laws/NEAlaw2017-198.pdf
7. Al-Amiri M. M. K. The role of the constitutional judiciary in the protection of human rights in the legislation of Jordan and Iraq: a comparative study: dis. … magician legal – Amman, 2019. – 144 pp.
8. Ahmad A. D. Economic and social rights and freedoms and their guarantees in Arab constitutions // Al-Furat Research Center. – [Electronic resource]. – Access mode: https://firatn.com/?p=304
9. Official documents of the Provisional Coalition Power // University of North Texas. – [Electronic resource]. – Access mode: https://govinfo.library.unt.edu/cpa-iraq/arabic/regulations/index.html
10. Third amendment to the Law on Elections to the House of Representatives No. (45) of 2013 // Iraqi Parliament. – [Electronic resource]. – Access mode: https://archive3.parliament.iq/ar/2018/06/06/قانون-التعديل-الثالث-لقانون-انتخابات/
11. Law on elections to provincial and district councils No. 12 of 2018 // Iraqi fact. – [Electronic resource]. – Access mode: https://www.moj.gov.iq/upload/pdf/4494.pdf
12. Law on the Independent Supreme Electoral Commission No. 11 of 2007 // Electronic link to information. – [Electronic resource]. – Access mode: https://www.almerja.com/reading.php?idm=177042
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
GADZHIEV Zurab Rashidovich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
HISTORICAL ASPECT OF THE DEVELOPMENT OF THE CONSTITUTIONAL RIGHT TO HIGHER EDUCATION IN RUSSIA
Higher education is a part of professional education aimed at ensuring the training of highly qualified personnel in all major areas of socially useful activities in accordance with the needs of society and the state, meeting the needs of the individual in intellectual, cultural and moral development. In order to have a complete understanding of the right to education in Russia, it is necessary to consider its historical aspects of development, which in turn are the basis of the modern right to education. The article examines the historical retrospective of the development of local self-government in Russia, including the earliest stages.
Keywords: higher education, constitutional and legal framework, education system, formation of a unified
educational space.
Bibliographic list of articles
1. Andreev A.L. Russian education // Tribune of a young scientist. – 2019. – No. 3. – P. 25-29.
2. Korshunova O. N. Traditions and evolution of the historiography of Russian university education in the 19th – first half of the 20th centuries. // The power of history and the history of power. – 2022. – No. 8 (42). – P.56-61.
3. Noskov O. V. Education reform during the reign of Peter I // Young scientist. – 2019. – No. 4. – P. 38-42.
4. Peskurov E.I. Formation of education in Russia // Tribune of a young scientist. – 2019. – No. 1. – P. 37-42.
5. Revunov V. S. Education reform in Russia: intermediate results // Bulletin of the South Ural State University. Series: Social Sciences and Humanities. – 2016. – No. 7. – P. 24-29.
6. Smirnova A. V. Features of the implementation of the constitutional right to education // Modern law. – 2018. – No. 1. – P. 35-39.
7. Yudin V.V. Education: concept, content, meaning // Bulletin of the Orenburg State University. – 2019. – No. 3. – P. 14-19.
8. Matyusheva T. N. Principles of Russian educational policy: constitutional component // Modern law. – 2013. – No. 8. – P. 36.
CONSTITUTIONAL LAW
BUDNIK Yuliya Ivanovna
student of the Far Eastern Federal University, Vladivostok
CONSTITUTIONALITY OF PART 2 OF ARTICLE 2.6.1 OF THE CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES
The purpose of the article is to analyze part 2 of article 2.6.1 of the Code of Administrative Offenses of the Russian Federation. This provision is interpreted in law enforcement practice as a limitation of the right of employers to be exempt from liability for violating traffic rules if the vehicle was driven by a driver under an employment contract. The article analyzes the compliance of the legal provision in question with the Constitution of the Russian Federation. The relevance of the topic lies in the fact that in cases of violation of traffic rules within the framework of labor relations, clear and fair rules of responsibility must be applied.
Keywords: owner (owner) of the vehicle, administrative responsibility, principle of equality, legal certainty.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation of February 26, 2010 No. 4-P // SZ RF. – 2010. – No. 11. – Art. 1255;
2. Resolution of the Constitutional Court of the Russian Federation of May 17, 2022 No. 19-P // SZ RF. – 2022. – No. 22. – Art. 3755.
3. Resolution of the Constitutional Court of the Russian Federation of March 27, 1996 No. 8-P // SZ RF. – 1996. – No. 15. – Art. 1768.
4. Resolution of the Constitutional Court of the Russian Federation of January 20, 2022 No. 3-P // SZ RF. – 2022. – No. 5. – Art. 861 @@ Resolution of the Constitutional Court of the Russian Federation of May 19, 2020 No. 25-P // SZ RF. – 2020. – No. 21. – Art. 3375.
5. Resolution of the Constitutional Court of the Russian Federation of January 18, 2019 No. 5-P // SZ RF. – 2019. – No. 4. – Art. 360.
6. Resolution of the Constitutional Court of the Russian Federation of July 09, 2021 No. 34-P // SZ RF. – 2021. – No. 29. – Art. 5752 @@ Resolution of the Constitutional Court of the Russian Federation of June 14, 2018 No. 23-P // SZ RF. – 2018. – No. 26. – Art. 3932.
7. Resolution of the Constitutional Court of the Russian Federation of May 17, 2022 No. 19-P // SZ RF. – 2022. – No. 22. – Art. 3755.
8. On some issues arising in judicial practice when considering cases of administrative offenses provided for in Chapter 12 KCode of the Russian Federation on administrative offenses: Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 25, 2020. No. 20 // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 9.
9. Code of the Republic of Kazakhstan on Administrative Offenses: Law of the Republic of Kazakhstan dated July 5, 2014 No. 235-V // Gazette of the Parliament of the Republic of Kazakhstan. – 2014. – No. 18-II (2667-II). – St. 92.
10. Code of the Republic of Belarus on Administrative Offenses: Law of the Republic of Belarus dated January 6, 2021 No. 91-Z // National legal Internet portal of the Republic of Belarus.
CONSTITUTIONAL LAW
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international sub-faculty of the Dagestan State University, Makhachkala
HUSEYNOVA Jamila Sherkhanovna
magister student of Constitutional and international sub-faculty of the Dagestan State University, Makhachkala
ON SOME ASPECTS OF RESTRICTING THE RIGHTS OF CIVIL SERVANTS IN THE RUSSIAN FEDERATION
This article is devoted to some aspects of restricting the rights of civil servants. One of the topical and controversial issues in determining the limitations of civil servants is considered – a conflict of interests. Common types of conflicts of interest are listed. The classifications of conflicts of interest are analyzed: real, possible and imaginary. Attention is drawn to the fact that the very fact of a state of kinship or property is not yet a basis for a conflict of interests. It is said that the qualifying circumstances in this case are the existence of the fact of obtaining material benefits and the establishment of a causal relationship. It is concluded that the problem of conflict of interests in the public civil service system has a moral component, since largely it depends on the level of moral culture of employees, legal consciousness, and the ability to make proper moral decisions.
Keywords: conflict of interests, public service, state, restrictions on rights, citizens, legal entities.
CONSTITUTIONAL LAW
ILJINA Olga Yurjevna
Ph.D. in Law, associate professor of the Faculty of Law of the M. K. Ammosov Northeastern Federal University, Yakutsk
IVANOVA Tatyana Mikhaylovna
Head of the Procurement Training Center of the Procurement Department of the M. K. Ammosov Northeastern Federal University, senior lecturer of the Faculty of Law of the M. K. Ammosov Northeastern Federal University, Yakutsk
PROTECTION OF ECONOMIC COMPETITION IN A SOCIAL STATE: A CONSTITUTIONAL AND LEGAL VIEW
The article reveals the role of protecting the competition as a value underlying constitutional economics, a fundamental principle of state economic policy. At the same time, the authors analyze the state’s obligation to support and protect competition as a constitutional guarantee that ensures the rational use of resources in the interests of society and equal access to them in aspect of social and economic solidarity in a social state.
Keywords: support for competition, protection of competition, welfare state, solidarity, economic solidarity.
Bibliographic list of articles
1. Bogdanova N. A. System of science of constitutional law: dissertation … Doctor of Law: 12.00.02. – Moscow, 2001. – P. 189.
2. Bryzgunova O. V. Constitutional principles of regulation of economic relations in the Russian Federation and constituent entities of the Russian Federation: diss. Candidate of Legal Sciences: 12.00.02. – Penza, 2010.
3. Gubin E. P. Economic activity, economic rights and their protection in the context of the relationship between law and economics // Entrepreneurial Law. – 2021. – No. 3. – P. 3-10.
4. Gadzhiev G. A. Memorandum // Yearbook of constitutional economics. – 2019 / Rep. ed. and comp. A. A. Liverovsky, scientific. ed. G. A. Gadzhiev, director project and comp. P. D. Barenboim. – M., 2019. – P. 8.
5. Donetskov E. S. Balance of private and public interest in the context of implementing the principle of supporting competition: analysis of individual legal positions of the Constitutional Court of the Russian Federation // Constitution of Russia: global, national, regional: Materials of the International Scientific and Practical Conference, Volgograd, December 05, 2013 . – Volgograd: Russian Academy of National Economy and Public Administration under the President of the Russian Federation (Volgograd branch), 2013. – P. 184.
6. Liverovsky A. A. Constitutional regulation of economic processes // Yearbook of constitutional economics. – 2019 / Rep. ed. and comp. A. A. Liverovsky, scientific. ed. G. A. Gadzhiev, director project and comp. P. D. Barenboim. – M., 2019. – P. 30.
7. Mazaev V. D. Concept and constitutionalprinciples of public property / Institute of Law and Public. Politicians. – Moscow, 2004. – P. 43, 68.
8. Mnishko V.V. Constitutional and legal foundations of the unity of economic space in the Russian Federation: dissertation … candidate of legal sciences: 12.00.02. – Moscow, 2003. – P. 50.
9. Sukhorukov A. S. Constitutional and legal regulation of competition in the Russian Federation. – Moscow: Yurlitinform, 2013. – P. 63-64, 82.
10. Tripuzova A. A. Constitutional principles of support and protection of competition in the member states of the EAEU // Dynamics of legal establishment and implementation in the sphere of public legal relations: Collection of scientific articles / Editorial Board: O. I. Chupris (chief editor) [and etc.]. Volume Issue 4. – Minsk: Limited Liability Company “Kolorgrad”, 2022. – P. 439.
11. Umnova-Konyukhova I. A., Aleshkova I. A. The principle of solidarity in post-industrial society: features of content and development trends // International private and public law. – 2021. – No. 1. – P. 3-7.
12. Yakimova E. M. System of constitutional principles of legal regulation of entrepreneurial activity in Russia // State power and local self-government. – 2019. – No. 3. – P. 42-43.
CONSTITUTIONAL LAW
KRASHENNIKOVA Tatyana Vasiljevna
Ph.D. in economical sciences, Master of the South Russian Institute of Management of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation, member of the Election Commission of the Rostov region, Assistant to the deputy of the State Duma of the Russian Federation, Rostov-on-Don
PROBLEMS OF FUNCTIONING OF THE INSTITUTE OF OBSERVATION IN THE ELECTORAL PROCESS OF THE RUSSIAN FEDERATION
Without the right to vote, a democratic society becomes subject to authoritarian regimes, corruption and human rights violations. Therefore, the protection and observance of the right of citizens to participate in elections is one of the most important signs of democracy. Observers, as subjects of the electoral process, both at the national and international levels, are called upon to ensure the transparency of the activities of electoral bodies. The effectiveness of the exercise of the powers of observers in electoral legal relations depends on the quality of the regulatory regulation of observation. The purpose of this article is to consider the functioning of the institution of observation in the electoral process of the Russian Federation, in particular the problem of replacing the observer.
Keywords: electoral law, institute of observers, democratic society, public control, lists of observers.
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) // IPS Consultant-plus.
2. Narutto S.V. Observer at elections: legal status, procedure for participation // SPS ConsultantPlus. 2023.
3. Resolution of the Constitutional Court of the Russian Federation dated April 22, 2013 No. 8-P “In the case of verifying the constitutionality of Articles 3, 4, paragraph 1 of part one of Article 134, Article 220, part one of Article 259, part two of Article 333 of the Civil Procedure Code of the Russian Federation, subparagraph “h” of paragraph 9 of Article 30, paragraph 10 of Article 75, paragraphs 2 and 3 of Article 77 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, parts 4 and 5 of Article 92 of the Federal Law “On Elections” deputies of the State Duma of the Federal Assembly of the Russian Federation” in connection with complaints from citizens A.V. Andronov, O.O. Andronova, O.B. Belov and others, the Commissioner for Human Rights in the Russian Federation and the regional branch of the political party A JUST RUSSIA in the Voronezh region » // “Rossiyskaya Gazeta”, No. 94, 04/30/2013.
4. Resolution of the Central Election Commission of Russia dated June 29, 2022 No. 88/738-8 (as amended on June 28, 2023) “On clarification of the procedure for working with lists of observers during additional elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the eighth convocation in single-mandate electoral districts, other elections and referendums” // “Bulletin of the Central Election Commission of Russia”, No. 6, 2022.
5. Federal Law of July 27, 2006 No. 152-FZ (as amended on February 6, 2023) “On Personal Data” // “Rossiyskaya Gazeta”, No. 165, 07/29/2006.
CONSTITUTIONAL LAW
RABADANOVA Saida Spartakovna
Master’s student 3 years of part-time study at the Law Institute of Dagestan State University, Makhachkala
MAGOMEDOVA Patimat Rasulovna
Candidate of Legal Sciences, Associate Professor of the Department of Constitutional and International Law of the Law Institute of the Dagestan State UniversityGift University, Makhachkala
PROBLEMS OF INTERACTION OF THE FEDERAL ASSEMBLY WITH OTHER BODIES DURING THE PARLIAMENTARY INVESTIGATION
This scientific article explores the problems associated with the interaction of the Federal Assembly of the Russian Federation with other bodies in the context of a parliamentary investigation. The authors analyze the mechanisms of interaction between the Federal Assembly and other key government bodies in Russia during parliamentary investigations. The article assesses the obstacles that arise during such interaction and offers recommendations for improving the effectiveness of parliamentary investigations, taking into account the participation of various bodies in the process of their conduct. The legislative and practical aspects of the interaction of the Federal Assembly with other bodies within the framework of a parliamentary investigation are analyzed in order to develop recommendations for improving this process in the Russian Federation.
Key words: interaction, Federal Assembly, parliamentary investigation, authorities, parliament, power.
RABADANOVA Saida Spartakovna
magister student 3 year of study of the correspondence course of the Institute of Law of the Dagestan State University, Makhachkala
MAGOMEDOVA Patimat Rasulovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF INTERACTION OF THE FEDERAL ASSEMBLY WITH OTHER BODIES DURING THE PARLIAMENTARY INVESTIGATION
This scientific article explores the problems associated with the interaction of the Federal Assembly of the Russian Federation with other bodies in the context of a parliamentary investigation. The authors analyze the mechanisms of interaction between the Federal Assembly and other key public authorities in Russia during parliamentary investigations. The article evaluates the obstacles that arise during such interaction and offers recommendations for improving the effectiveness of parliamentary investigations, taking into account the participation of various bodies in the process of their conduct. The legislative and practical aspects of the interaction of the Federal Assembly with other bodies within the framework of the parliamentary investigation are analyzed in order to develop recommendations for improving this process in the Russian Federation.
Keywords: interaction, Federal Assembly, parliamentary investigation, authorities, parliament, government.
Bibliographic list of articles
1. Amiragyan S.S. Parliamentary investigation into the legislation of the constituent entities of the Russian Federation // Student Forum. – 2023. – No. 6 (229). – pp. 28-31.
2. Aguzarov T. T. Parliamentary investigation as a form of parliamentary control – Caucasian Mining and Metallurgical Institute (State Technological University). Volume Issue 2. – Vladikavkaz: Terek, 2018. – P. 13-18.
3. Abaeva Z. R. Parliamentary investigation as a form of parliamentary control in the constituent entities of the Russian Federation // Constitutional and municipal law. – 2023. – No. 3. – P. 26-31
4. Volodina E. N. Current issues of parliamentary control in Russia // High technologies, science and education: current issues, achievements and innovations: collection of articles of the VIII All-Russian Scientific and Practical Conference, Penza, October 27, 2020. – Penza: “Science and Enlightenment” (IP Gulyaev G. Yu.), 2020. – P. 229-232.
5. Lobkov A.V. The relationship between individual and collegial principles of parliamentary control (on the example of parliamentary investigations in the constituent entities of the Russian Federation // Constitutional and municipal law. – 2023. – No. 6. – P. 42-46.
6. Negamutzyanova A. S. Parliamentary investigation in the mechanism for ensuring the rights and freedoms of citizens: theoretical aspects // Modern problems of lawmaking and law enforcement: Materials of the All-Russian student scientific and practical conference within the framework of the Baikal Student Legal Forum-2020, Irkutsk, March 26, 2020 / Rep. editors E. I. Devitsky, S. I. Suslova. Volume 1. – Irkutsk: Irkutsk Institute (branch) of VGUYU (RPA of the Ministry of Justice of Russia), 2020. – P. 89-94.
CONSTITUTIONAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
PROBLEMS OF ENSURING CITIZENS’ INFORMATION RIGHTS IN MODERN RUSSIA
The article analyzes the legal nature of ensuring information rights. The main problems of legislation in the field of ensuring the information rights of citizens are analyzed. As a result of the study, the conclusions are substantiated that the system of information rights of citizens is of great importance for the implementation of the legal status of a modern person and must be provided with an effective and legal mechanism for implementation and guarantees.
Keywords: information rights, problems of ensuring information rights, citizens’ rights, public policy, development of the information society.
Bibliographic list of articles
1 Karmanovsky N. S., Savchenko-Novopavlovskaya S. L. Organizational and legal basis for protecting official secrets at an enterprise: a textbook. – St. Petersburg, 2018.
2 Krasnonosov E. Yu., Grigorenko N. Yu. General characteristics of information rights of man and citizen as the fourth generation of human rights // Donetsk Readings 2021: education, science, innovation, culture and challenges of our time: materials of the VI International Scientific Conference / edited by. ed. S. V. Bespalova. – Donetsk, 2021.
3 Kuzmenkova T. N. Conceptual aspects of human rights and information sovereignty of the state // Pravo.by. – 2021. – No. 6 (74).
4 International law: textbook / Rep. ed. R. M. Valeev, G. I. Kurdyukov. – M., 2017.
5 Smolyakov A. A. On the issue of protecting the rights and freedoms of man and citizen in the context of personal information security // Law. Right. State. – 2022. – No. 2 (34).
6 Chepenko Y. K. New generations of human rights // Law. Right. State. – 2022. – No. 4 (36).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
YARAKHMEDOV Shamil Ruslanovich
magister student of the Department of Civil Law, Dagestan State University, Makhachkala
PECULIARITIES OF BRINGING FOREIGN CITIZENS TO ADMINISTRATIVE RESPONSIBILITY IN THE RUSSIAN FEDERATION
The article lists the grounds for bringing foreign citizens to administrative responsibility in Russia. The administrative legislation regulating relations related to the establishment of administrative responsibility of foreign citizens is analyzed. They talk about the associated problems with the stay of foreign citizens on the territory of the Russian Federation. The main differences between such administrative penalties as expulsion, deportation and readmission of these categories of persons are listed. Ways to improve the current administrative legislation are proposed.
Keywords: foreign citizens, administrative responsibility, expulsion, deportation, readmission, rights and obligations.
Bibliographic list of articles
1. Akkuzin Yu. A., Lyuev T. Kh., Vasilenko N. S., Ternovskaya A. V. Peculiarities of administrative responsibility of foreign citizens and stateless persons // Issues of Russian and international law. – 2022. – T. 12. – No. 1A. – pp. 398-406.
2. Onishchenko K. F. Features of bringing foreign citizens and stateless persons to administrative responsibility // Issues of sustainable development of society. – 2021. – No. 1. – P. 182-187.
3. Sadovskaya O. V., Makhmudova S. Sh. Grounds for attracting foreign citizens to administrative responsibility // Issues of sustainable development of society. – 2022. – No. 10. – P. 105-111.
4. Sazonova O. A., Filippova N. V., Potanina I. V., Barkalov R. V. On measures of administrative responsibility for violation of the rules for attracting foreign citizens to work in the Russian Federation // Questions of Russian and international law. – 2023. – T. 13. – No. 3A. – pp. 204-210.
5. Snitko O. G. Foreign citizens and stateless persons as special subjects of administrative responsibility // NovaUm.Ru. – 2021. – No. 31. – P. 162-166.
6. Sokol V. A. On the issue of administrative responsibility of foreign citizens // Epomen. Global. – 2022. – No. 25. – P. 229-234.
7. Terentyeva A. A. Administrative expulsion of foreign citizens outside the Russian Federation and deportation: concept, differences, problems of application, imprisonment of foreign citizens in special institutions // Theory of Law and Interstate Relations. – 2021. – T. 2. – No. 8 (20). – pp. 245-253.
ADMINISTRATIVE LAW
MARAKHOVSKAYA Kristina Gennadjevna
bachelor student of the 4th course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
STEPANOVA Svetlana Igorevna
bachelor student of the 4th course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
DIFFICULTIES OF ADAPTATION: MIGRANT CHILDREN AND THE SCHOOL ENVIRONMENT
Children of migrantst workers are the most vulnerable subjects of the migration process, since they are forced to live in new social and cultural conditions and adapt to them, and therefore often face certain difficulties in the learning process, such as the language barrier, cultural differences, difficulties of social adaptation and others. Special attention is paid to the analysis of the impact of these problems on the psychological well-being of migrant children and their educational achievements. The article discusses possible ways to solve these problems, as well as offers practical recommendations for overcoming these difficulties and creating a more favorable environment for the successful adaptation of migrant children in the school environment.
Keywords: education, children, migrants, problem, school, education, adaptation.
Bibliographic list of articles
1. Demintseva E. From “factory” to “Migrant” school: (post)Soviet school segregation in urban space // Laboratorium: Journal of Social Research. – 2020. – Volume 12. – No. 1. – pp. 152-182.
2. Boyarsky P.V. The position and rights of migrants in the sphere of school education in Russia // Young scientist. – 2020. – No. 20 (310). – pp. 247-253.
3. Konstantinov V. V., Klimova E. A., Osin R. V. Socio-Psychological Adaptation of Labor Migrants’ Children in Conditions of Preschool Educational Institutions // European Proceedings of Social and Behavioral Sciences. – 2020. – Vol. 91. – R. 1-340.
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
MAGOMEDOVA Alzhanat Gamzaevna
magister student of Administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
ON THE QUESTION OF THE CONCEPT AND FEATURES OF ADMINISTRATIVE AND LEGAL REGIMES IN THE RUSSIAN FEDERATION
The article discusses the problem of defining the concept of an administrative legal regime. Its signs are revealed. It is said that the main signs of administrative and legal regimes in the Russian Federation are considered: regulation by the norms of administrative law; consolidation of the rules of conduct of subjects; the introduction of additional restrictions and responsibilities; establishment in the field of executive power, application of state coercion measures, etc. The practical significance of administrative and legal regimes for regulating public relations is shown. The disadvantages of legal regulation of administrative and legal regimes in the Russian Federation are listed. It is concluded that it is necessary to amend the legislation.
Keywords: administrative and legal regimes, regulatory legal acts, public relations, public administration, legal regulations, the science of administrative law.
Bibliographic list of articles
1. Nozdrachev A.F. Modern content of the concept of “administrative legal regime” // Journal of Russian Law. – 2017. – No. 2 (242). – pp. 98-110.
2. Mayurov N.P., Zhukov I.A., Portnova A.A. Institute of special administrative and legal regimes in the Russian Federation: historical and legal research // Bulletin of Tver State University. Series: Law. – 2023. – No. 2 (74). – pp. 58-70.
3. Administrative law of Russia: textbook, 3rd edition, revised and expanded / executive editor L. L. Popov. – Moscow, 2014.
4. Bakhrakh D.N., Rossiyskiy B.V., Starilov Yu.N. Administrative law: a textbook for universities. – 2nd edition, with changes and additions. – Moscow: Norma, 2005. – 800 p.
5. Makareiko N.V. Administrative law: a textbook for universities. – 12th ed., revised and expanded. – Moscow: Yurayt Publishing House, 2023. – 309 p.
6. Novikov A. O. Experience and problems of application of administrative-legal regimes in the Russian Federation // Modern Science. – 2023. –No. 3-1. – pp. 32-36.
7. Belyaeva G.S. Legal regime: concept and signs // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2021. – T. 25. – No. 1. – P. 281-293.
8. Zhirdetskaya M. S. Legal regime: concept, signs, classification // Bulletin of Science. – 2023. –T. 4. – No. 3 (60). -WITH. 92-97.
9. Kosmynina P.V. Legal regime for crime prevention. – Moscow, 2005.
10. Karavaev E. S., Paranin V. A., Kartavtsev D. A. On the issue of administrative legal regimes in Russia // Issues of Russian and international law. – 2021. – T. 11. – No. 3A. – pp. 204-209.
11. Milkevich O. A., Goncharov E. V. and [others] Changing the value of health during the period of self-isolation: socio-cultural and psychological-pedagogical aspects // Modern scientist. – 2020. – No. 4. – P. 130–135.
12. Keramova S. N., Abdullaev M. M. Voissues of legal regulation of administrative-legal regimes in Russia // Law and Law. – 2019. – No. 2. – P. 180-182.
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
SETTLEMENT OF DISPUTES UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION
The study examines the norms of legislation on dispute settlement in various areas of law: civil, family, business, etc. World practice shows that counterparties entering into contentious relations prefer, in most cases, to resolve disputes not in court, but through the involvement of certain services. This behavior allows you to stay in the relationship of interaction in the future, save money on court costs and observe the minimum time frame for resolving conflict situations. The domestic regulatory framework also provides an opportunity to regulate conflicts through mediation. However, the problem of using this assistance is not so developed. The authors review the current legislation, analyze statistical data and attempt to develop the direction of application of the law, taking into account the expansion of its application.
Keywords: civil law, dispute settlement, mediation procedure, mediation agreement, third parties.
Bibliographic list of articles
1. Mediation: what is it in civil proceedings, arbitration, administrative. – [Electronic resource]. – Access mode: https://www.arbitr-praktika.ru/article/2489-mediatsiya (date of access: 10/01/2023).
2. Kudrina A. A. Application of the mediation procedure in the Russian Federation. — Text: immediate // Young scientist. – 2023. – No. 19 (466). — pp. 359-361.
3. Legal regulation of mediation in the Russian Federation. — Official Internet portal of the National Chamber of Mediators. – [Electronic resource]. – Access mode: https://www.fpmrf.ru/legal-regulation-of-mediation-in-the-RF/ (date of access: 10/01/2023).
4. Mediation: what foreign experience says. NORMA.UZ. – [Electronic resource]. – Access mode: https://www.norma.uz/nashi_obzori/. (access date 10/01/2023).
5. Russian mediation. – [Electronic resource]. – Access mode: https://journal.arbitration.ru/ru/analytics/rossiyskaya-mediatsiya/ (access date 10/01/2023).
CIVIL LAW
AGAMOV Jamaludin Tagirovich
master of the Institute of Law of the Dagestan State University
THE PROBLEM OF BRINGING TO SUBSIDIARY LIABILITY THE PERSONS CONTROLLING THE DEBTOR WHO ARE NOT MEMBERS OF THE MANAGEMENT BODIES
The article examines the issue of bringing to subsidiary liability of persons who are not members of the management bodies of a legal entity, giving examples from court practice. The author analyzes the grounds and conditions of bringing such persons to liability, and also considers the problems arising in connection with this issue.
Identifying the individuals subject to secondary liability and ascertaining their culpability stands as a primary challenge. This article posits that accountability should encompass not solely executives and governing body members but also encompass other individuals whose actions or oversights contribute to the company’s bankruptcy.
The article also raises the question of how to determine the degree of guilt of each of the persons held liable and how to distribute liability between them.
Keywords: subsidiary liability, person controlling the debtor, management bodies, bringing to subsidiary liability, debtor’s management.
Bibliographic list of articles
1. On insolvency (bankruptcy): Federal Law of October 26, 2002 No. 127-FZ. Access from the ConsultantPlus legal reference system.
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ [ed. from 08/03/2018] [as amended. and additional, intro. in force from 06/01/2019].
3. Kolontaevskaya I. F. Problems of interaction between corporate law in Russia and foreign countries. The doctrine of “lifting the corporate veil” // Bulletin of Moscow University. S. Yu. Witte. Ser. 2: Legal sciences. – 2014. – No. 3.
4. Popondopulo V.F., Silina (Slepchenko) E.V. Responsibility of the debtor’s manager and other persons in a bankruptcy case // Judge. – 2018. – No. 4.
5. Efimov P. A. Peculiarities of bringing to subsidiary liability persons who are not members of the governing bodies of the debtorka // Bulletin of Chelyabinsk State University. Series: Law. – 2020.
6. Lomakin D., Gentovt O. Responsibility of controlling persons: legal nature and mechanism of attraction to it // Economy and Law. – 2016. – No. 1. – pp. 11-15
7. Pokrovsky S.S. Subsidiary liability: problems of legal regulation and enforcement // Bulletin of economic justice of the Russian Federation. – 2015. – No. 7. – P. 98-129.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
THE PATIENT’S RESPONSIBILITY FOR IMPROPER FULFILLMENT OF CONTRACTUAL OBLIGATIONS TO THE PLASTIC SURGERY CLINIC
The article reveals the concept, types of responsibility of the patient for improper performance of contractual obligations to the clinic of plastic surgery. It is noted that first of all, the patient is responsible for late and incomplete payment of the contractor’s services. Liability may include the payment of a penalty, interest under Article 395 of the Civil Code of the Russian Federation, compensation for losses. Attention is also paid to the patient’s responsibility for the reliability of the necessary information about his health provided to the contractor. Hiding information, providing the clinic with false information about their condition and symptoms from doctors can have negative consequences for health and the effectiveness of treatment. In addition, it is indicated that the patient is responsible for compliance with the internal regulations of the clinic, for causing material damage to the clinic’s property.
Keywords: plastic surgery, contract, medical services, breach of obligation, liability, damage, penalty, concealment of information, clinic, patient.
Bibliographic list of articles
1. Abdullina V. S. Conditions of civil liability for violations in the field of medical services // Kazan Medical Journal. 2007. No. 2. Volume 88.
2. Voropaev A.V. Issues of delimitation of responsibility between the patient and the medical institution when providing paid medical services // Siberian Medical Journal (Irkutsk). 2008. T. 77. No. 2.
3. Inyushkin A. A., Kudasheva P. S. Problems of legal regulation of medical services // Current issues of industry development. 2021. Volume 17 No. 2 (64).
4. Kratenko M.V., Moroz V.P. Problems of proof in medical disputes: comparative analysis of the law of Russia, Belarus and the European Union // Bulletin of Perm University. Legal sciences. 2021. No. 4.
5. Muravyova E. V. Civil liability in the field of medical activities: abstract. dis. …cand. legal Sci. Rostov-on-Don, 2004.
6. Pavlov A. A. On the issue of guilt as a condition of civil liability: problems and solutions // Matters of Russian and International Law. 2021. Vol. 11.Is. 1A.
7. Starchikov M. Yu. Civil regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical guide // SPS ConsultantPlus. 2022.
CIVIL LAW
ANDRIEVSKIY Konstantin Vitaljevich
Ph.D. in Law, associate professor, Director of the ANO “Institute of Economic and Legal Research”, Sevastopol
SHESTOV Sergey Nikolaevich
Ph.D. in economical sciences, associate professor of Enterprise economics sub-faculty of the Sevastopol State University
TO THE QUESTION OF THE CHANGES IN FINANCIAL LAW IN THE CONTEXT OF DIGITALIZATION AND GLOBALIZATION
Globalization and digitalization are significantly changing the field of financial law. Large-scale digitalization of life and business has led to a lag between civil legislation and real financial practice, which is now mainly taking shape in the digital sphere. The key task of the Russian legislator is to modernize the regulatory framework in the area we are considering. The effect of legal norms is reaching a new level – the level of interaction between residents of different countries and continents, transnational corporations, interstate alliances, international financial and economic structures. The national component in financial law, of course, is not being completely replaced, but is gradually adapting to the new digital agenda – even in the most conventional legal systems of the world.
The authors came to the conclusion that the accelerating dynamics of digitalization of the economy, finance, public relations and business have led to a lag between civil legislation and real financial practice, which is now being formed in many cases in the virtual space. The key task of the Russian legislator is to modernize theregulatory framework in the area we are considering. Digitalization of the financial market involves the use of new technologies such as blockchain, artificial intelligence, data analytics and digital payment systems. These innovations require appropriate legislative regulation – this is the only way to ensure their safe and effective use.
Keywords: financial right, financial precept of law, digitalization, globalization, token, digital asset, digital rights.
Bibliographic list of articles
1. Current problems of financial law in the context of digitalization of the economy: monograph / Ed. E. Yu. Grachevoy. – M., 2020. – 256 p.
2. Alekseev N. V. Correlation of institutions of digital rights, digital financial assets and digital currencies // Vestnik VGU. Series: Law. – 2022. – No. 1 – P. 180-190.
3. Gulyaeva T. B. Digital rights are an object of legal relations? // Education and law. – 2021. – No. 8. – P. 167-169.
4. Korobova A. P. Financial and legal policy of the state: problems of digital transformation // Law and state: theory and practice. – 2022. – No. 12. – P. 54-56.
5. Lifanov A.V. Trends in the development of financial law in the context of digitalization // International Journal of Humanities and Natural Sciences. – 2021. – No. 11-4. – pp. 32-34.
6. Marchenko M. N. The influence of the processes of globalization and regionalization on the development of law and its theory // Problems and prospects for the development of state and law in the 21st century: materials of the International Scientific and Practical Conference. – Ulan-Ude, 2010. – 399 p.
7. Pashentsev D. A. The influence of international financial organizations on the dynamics of the legal tradition of Russia // Bulletin of the Academy of Law and Management. – 2016. – No. 1. – P. 15-18.
8. Rossoshik S. L. Shaydullina N. R. Transnational corruption in the context of globalization as a challenge to the world security system // Law and Law. – 2021. – No. 3. – P. 139-140.
CIVIL LAW
ANANJEV Roman Viktorovich
judge of the Arbitration Court of the Volga district
THE PLACE OF THE CONVERTIBLE LOAN AGREEMENT IN THE SYSTEM OF CIVIL LAW CONTRACTUAL STRUCTURES
The article examines the place and role of a new contractual institution of civil law – a convertible loan in the system of contractual obligations. It has been established that a convertible loan agreement contains signs of several civil transactions: a loan, offset, increase in authorized capital, corporate agreement. The features of this institution are analyzed through its consideration as the basis of a complex obligation, as well as through the analysis of an alternative obligation embedded in the model of a convertible loan agreement.
Keywords: loan agreements, obligation relations, corporate regulation, offset of loan claims, alternative obligations, complex obligations.
Bibliographic list of articles
1. Ilyushina M. N. Convertible loan agreement as a new contractual-obligatory mechanism for regulating corporate relations in limited liability companies // Civil Law. – 2022. – No. 3. – P. 31-35.
2. Scientific and practical commentary on the Federal Law “On Limited Liability Companies”. Volume 1 / Ed. I. S. Shitkina. – M.: Statute, 2021 (author of the commentary on Article 19.1 – S. Yu. Filippova).
3. Vishnevsky P. N. Cross-border loan agreement: law and practice. – M.: Infotropik Media, 2018. – 196 p.
4. Mayfat A.V. Investing: methods, risks, subjects. – M.: Statute, 2020. – 176 p.
5. Biryukov D. O. C minor: requiem for minorities in a major key / Intro. sl. I. S. Shitkina. – M.: Statute, 2020. – 300 pp.
6. Loan, credit, factoring, deposit and account: article-by-article commentary to articles 807–860 of the Civil Code of the Russian Federation / V. V. Baybak, O. M. Ivanov, A. G. Karapetov and others; resp. ed. A. G. Karapetov. – M.: M-Logos, 2019. – 1282 p. @@ Karapetov A. G. Conditional rights and obligations: a review of problematic issues in the application of Art. Art. 157 and 327 of the Civil Code of the Russian Federation // Bulletin of Economic Justice. – 2017. – No. 6. – P. 71-128.
7. Bogdanov A.V. Legal regulation of a convertible loan agreement in corporate relations // Ex jure. – 2022. – No. 2. – P. 68.
8. Veko R.V. Convertible loan as a tool for attracting financial resources for the innovative activities of organizations: features and possibilities of application in the Republic of Belarus // Bulletin of Polotsk State University. Series D. Economic and legal sciences. – 2020. – No. 5. – P. 57.
9. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University. – 2021. – No. 11. – P. 206-215.
10. Mikryukov V. A. On the analogy of lack of money and lack of marketability of a loan // Bulletin of Arbitration Practice. – 2021. – No. 5. – P. 29-33.
11. Kuznetsova O. A. Fictitious phenomena in law. – Perm: Perm Publishing House. state University, 2004. – 204 p.
12. Yankovsky R. M. Convertible loan: contractual model and regulatory problems // Law. – 2017. – No. 11. – P. 184-192.
13. Bychkov A. Convertible loan agreement // Legal directory of the manager. – 2021. – No. 11. – P. 53-63.
14. Tuzhilova-Ordanskaya E. M. Classification of secondary rights // Civil law. – 2020. – No. 1. – P. 16-19.
15. Bychkov A. Secondary rights // EZh-Lawyer. – 2017. – No. 31. – P. 3.
16. Kravchenko A. A. On the issue of determining the legal nature of secondary rights // Legislation and Economics. – 2015. – No. 2. – P. 49-52.
17. Kostin P. Yu. Property and non-property nature of secondary rights // Modern law. – 2014. – No. 4. – P. 58-62.
18. Zeckel E. Secondary rights in civil law // Bulletin of civil law. – 2007. – No. 2.
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
KACHMAZOVA Alina Yurjevna
magister student of the Moscow Financial and Industrial University “Synergy”
THE POLICY OF LEGAL REGULATION OF THE ENERGY INDUSTRY OF THE NEW REGIONS OF THE COUNTRY
In this paper, the problematic issues of the civil definition of the energy industry of the country’s regions recently annexed to the territory of the Russian Federation are considered. The study reflects the features of optimization in the operation of the electric grid complex as a result of the relaxation of taxation of electric power enterprises in the industry segment. The characteristic of Russia’s energy strategy for the period up to 2035 is given. The types of taxes for new entities are considered, taking into account the implementation of the SMO and other social risks.
Keywords: state, civil legislation, tax policy, new regions, electric power industry, consumption.
Bibliographic list of articles
1. Ananyeva E. O., Kachmazova A. Yu. Bankruptcy of electric grid companies and reducing the risk of state-owned companies when organizing new grid companies and guaranteeing suppliers // Eurasian Legal Journal. 2023. No. 6 (181). pp. 190-192.
2. Rosseti completed the reorganization on the basis of FGC UES. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/16770449 (date of access: 10/15/2023).
3. Ananyeva E. O., Bondarenko A. V., Lukiyanov M. Yu. Civil legal regulation of issues of digitalization of society // Eurasian Legal Journal. 2022. No. 8 (171). pp. 14-18.
CIVIL LAW
AKHTYAMOVA Evgeniya Viktorovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
ALSYNBAYEVA Elvira Makhamatovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
AMINEVA Aigul Yulaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
ATNABAEVA Yuliya Vilevna
senior lecturer of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
GENETIC RESEARCH IN THE RUSSIAN FEDERATION: LEGAL PROBLEMS AND SOLUTIONS
The relevance of the topic is primarily due to the fact that research in the field of genetics at this stage of world progress is developing at a very rapid pace. A detailed analysis of the legal regulation of genetic research in the Russian Federation made it possible to identify problems in the process of legislative regulation of the medical genetic engineering industry. It was concluded that the development of innovative genetic technologies is one of the key factors determining the competitiveness of national economies and the effectiveness of national security strategies in the country.
Keywords: law, genetics, DNA, information, legal regulation, genetic information, genetic research, gene therapy.
Item-by-item bibliography
1. 65 world-class genetic laboratories will be created in Russia by 2027 // Official website of the Ministry of Education and Science of the Russian Federation. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/novosti-ministerstva/21798/ (access date: 12/03/2023).
2. National project “Science”: World-class genomic centers // // Official website of the Ministry of Education and Science of the Russian Federation. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/novosti-ministerstva/21566/ (date of access: 12/03/2023).
3. Akhtyamova E. V., Alsynbaeva E. M., Masalimova A. A. Problems of legal regulation of the protection of genetic information obtained by methods of preimplantation and prenatal genetic diagnostics in the Russian Federation // Rule of Law: Theory and Practice. – 2022. – No. 3 (69) – pp. 20-26.
4. Ruzanova V.D., Belyakov V.I. Problems of legalization and use of genetic technologies and circadian physiology data in the field of professional selection // Legal Bulletin of Samara University. – 2020. – T. 6. No. 2. – P. 28-35.
5. Vasilevich D. G. Interaction of somatic and other rights and freedoms of man and citizen // Bulletin of Economic Security. – 2018. – No. 4. – P. 30-35.
6. Potseluev E. L., Danilova E. S. Concept and types of personal (somatic) human rights // Science. Society. State. – 2015. – T. 3. No. 1. – P. 124-133.
7. Bogdanova E. E. Legal problems and risks of the genetic revolution: genetic information and discrimination // Lex Russica. – 2019. – No. 6 (151). – pp. 18-29.
8. Tuzhilova-Ordanskaya E. M., Akhtyamova E. V. Problems of civil law regulation in the sphere of protecting the rights of citizens in the Russian Federation when using genetic information // Bulletin of Perm University. Legal sciences. – 2021. – Issue. 52. – pp. 263-284.
9. Vladimirov V. Yu., Gorbulinskaya I. N., Kubitovich S. N. On the issue of the safety of genomic information // Biosphere. – 2018. – T. 10. No. 1. – P. 42-47.
10. Khusainova R. I., Minniakhmetov I. R., Yalaev B. I., Akhtyamova E. V., E. M. Alsynbaeva E. M. Legal problems of protecting human rights in the Russian Federation when using molecular genetic technologies in medicine // Genes & Cells. – 2021. – T. XVI. No. 3. – pp. 75-81.
11. Akhtyamova E. V., Khusainova R. I., Minniakhmetov I. R., Sultanova R. I. Modern molecular genetic technologies in medicine: ethical and legal issues // Rule of law: theory and practice. – 2020. – No. 2 (60). – pp. 123-133.
12. Belova D. A. Legal status of the embryo in vitro // Lex Russica. – 2019. – No. 6(151). – pp. 122-130.
13. Alsynbaeva E. M., Khusainova R. I., Minniakhmetov I. R., Akhtyamova E. V. Prospects for the use of non-invasive prenatal test in Russia from the point of view of legal regulation // International Journal of Humanities and Natural Sciences. – 2021. – No. 9-2 (60). – pp. 91-93.
14. Bogdanova E. E., Maleina M. N., Ksenofontova D. S. Selected problems of protecting the rights of citizens when using genomic technologies // Lex russica. – 2020. – T. 73. No. 5. – P. 129-142.
15. Maleina M. N. Legal status of the biobank (bank of human biological materials) // Pravo. Journal of the Higher School of Economics. – 2020. – No. 1. – P. 98-107.
CIVIL LAW
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
AVDEEVA Valeriya Andreevna
student of the 3rd course of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
SAVINOVA Natalya Dmitrievna
student of the 3rd course of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
THE INSTITUTION OF RECOGNIZING A CITIZEN AS MISSING: LEGAL FOUNDATIONS AND PROBLEMS OF JUDICIAL PRACTICE
The article examines the existing problems of functioning of the institution of recognition of a citizen as missing or deceased in the Russian Federation. The authors investigate the theoretical foundations of the functioning of the institution of declaring a citizen missing or deceased, analyze statistical data in this area. Due to the consideration of real judicial practices, the main gaps in the legal regulation of the institution under study were identified. In conclusion, options for changing the articles of the Civil Code of the Russian Federation and the CPC of the Russian Federation are proposed, which will improve the mechanism of legal proceedings.
Keywords: citizen unknown absent, civil legislation, civil legal relations, court proceedings, mechanism of legal proceedings.
Bibliographic list of articles
1. EMISS state statistics. – [Electronic resource]. – Access mode: https://www.fedstat.ru/indicator/36194?ysclid=lo7flh67py465975510 (date of access: October 28, 2023).
2. Padalkina O. I. Formation and developmentthe institution of recognizing a citizen as missing. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-i-razvitie-instituta-priznaniya-grazhdanina-bezvestno-otsutstvuyuschim (date of access: 10/30/2023).
3. Anisimov A.P. Civil law of Russia. General part: textbook for universities. – M., 2023. – 435 p.
4. Fundamentals of state and law: a textbook for secondary vocational education. – M., 2023. – 677 p.
5. Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2020 – 2022. – [Electronic resource]. – Access mode: http://cdep.ru/?id=79 (date of access: November 2, 2023).
6. Judicial and regulatory acts of the Russian Federation. The largest database of judicial and regulatory acts on the Internet. – [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: November 2, 2023).
7. Shakitko T.V. Composition of the subject of proof in cases of recognizing a citizen as missing. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sostav-predmeta-dokazyvaniya-po-delam-o-priznanii-grazhdanina-bezvestno-otsutstvuyuschim (date of access: 10/24/2023).
8. Decision No. 2-618/2017 2-618/2017(2-7379/2016;)~M-8855/2016 2-7379/2016 M-8855/2016 dated February 28, 2017 in case No. 2-618 /2017. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/F7QGuhgv93QV/?ysclid=lo5jazj4nc413604393 (date of access: November 3, 2023).
CIVIL LAW
KARPOVA Yuliya Sergeevna
assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University Vladivostok, postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CONTENTS OF THE CATEGORY “REMEDY OF PROTECTING CIVIL RIGHTS” AND ITS RELATION TO THE CATEGORY “METHOD OF PROTECTING CIVIL RIGHTS”
The Constitution of the Russian Federation gives everyone the right to appeal to interstate bodies for the protection of human rights and freedoms if all available “domestic remedies” have been exhausted, but what is meant by “remedies” and what is included in the content of this category is not fixed. The legal vagueness of the concepts of interests used by the legislator makes them difficult to understand.
In science, the categories “method of protecting rights” and “means of protecting rights” are quite often identified, considered as part and whole, or recognized as elements of a single mechanism.
At the same time, we believe that due to the lack of theoretical uniformity on the issue of the content of the category, the lack of a normative definition in the current legislation, insufficient knowledge of this issue and, at the same time, the widespread use in various industries, it is necessary to clarify the content of the category and formulate a definition.
Keywords: means of protecting rights, method of protecting rights, mechanism for protecting rights, implementation of rights, subjective right to protection.
Bibliographic list of articles
1. Khabirov A.I. Means, methods and forms of civil law protection of the rights of the parties under a loan agreement: theoretical aspect // Bulletin of civil process. 2018. No. 6. P. 226-259.
2. Ozhegov S.I. Dictionary of the Russian language: approx. 57,000 words / Ed. N. Yu. Shvedova. 20th ed., stereotype. P. 621
3. Theory of State and Law: Textbook / Ed. N. I. Matuzov. A. V. Malko. M., 2013. P. 223.
4. Alekseev S. S. Legal means: problem statement, concept, classification // Soviet state and law. 1987. No. 6. P. 14.
5. Theory of State and Law: Textbook / Ed. N. I. Matuzov. A. V. Malko. M., 2013. P. 223.
6. Belova L. V. Legal means and forms of protection of economic interests: dis. …cand. legal Sciences: 12.00.01 Samara, 2006. P. 97.
7. Rasskazov L.P. Theory of state and law: textbook. Moscow: RIOR: Infra-M, 2015. P. 446.
8. Puginsky B.I. Civil legal means in economic relations. M., 1984. pp. 86-87
9. Khropanyuk V. A. Theory of state and law. M., 1993. pp. 244-245.
10. Vavilin E. V. Some problems of the mechanism for protecting subjective civil rights // Jurisprudence. 2002. No. 3. P. 179.
11. Mongush B. S. Means of protecting civil rights // Bulletin of the Saratov State Law Academy, (Additional). 2012. pp. 128-132.
12. Shevchenko Ya. N. Remedies in civil law // Soviet state and law. 1977. No. 7. P. 55-62.
13. Rozhkova M. A. Means and methods of legal protection of the parties to a commercial dispute. M.: Wolters Kluwer, 2006. 416 pp.
14. Smirnov A.P. Legal means of protecting subjective rights: dis. …cand. legal Sciences: 12.00.01. Omsk, 2016. P. 50.
15. Stepin A. B. Basic elements and stages of mechanicsisms of protection of civil rights: questions of theory and practice // Russian Judge. 2020. No. 7. P. 3-8.
16. Latypov D. N. System of methods for protecting civil rights in the Russian Federation: dis. … doc. legal sciences 5.1.3. Ulyanovsk, 2022. P. 397.
17. Stepin A. B. Basic elements and stages of mechanisms for the protection of civil rights: questions of theory and practice // Russian Judge. 2020. No. 7. P. 3-8.
18. Civil Code of the Russian Federation. Article-by-article commentary to chapters 1-5 / A. V. Barkov, A. V. Gabov, V. G. Golubtsov and others; edited by L. V. Sannikova. M.: Statute, 2015. 662 pp.
19. Butnev V.V. The concept of the mechanism for the protection of subjective civil rights // The mechanism for the protection of subjective civil rights: a collection of scientific works. Yaroslavl: YarSU, 1990. P. 16.
20. Rozhkova M. A. Means and methods of legal protection of the parties to a commercial dispute. M.: Wolters Kluwer, 2006. 416 pp.
21. Dernova D. V. Non-jurisdictional forms and means of resolving private law conflicts (general provisions) // Court Administrator. 2015. No. 4. P. 21 – 25.
22. Mongush B. S. The category “legal means” in relation to the protection of subjective civil law // Family and housing law. 2012. No. 2. P. 43-44.
23. Stoyakin G. Ya. Protection measures in Soviet civil law: Dis. …cand. legal Sci. Sverdlovsk, 1973. pp. 36-37.
CIVIL LAW
KATANOV Alexander Vladimirovich
senior lecturer of Criminal process, criminalistics and operational investigative activities sub-faculty of the Vologda Institute of Law and Management of the FPS of Russia
USTUZHANINA Viktoriya Olegovna
lecturer of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF LEGAL REGULATION OF INFORMATION SYSTEMS AS A PLACE OF ELECTRONIC TRANSACTIONS
The article discusses the problems of the formation of the regulatory framework governing information systems, the authors propose to consider the information system as the place of conclusion of the transaction. Based on the analysis of the legal regulation of information systems within which transactions are concluded, a conclusion is made about the high degree of self-regulation of these systems. In this regard, the authors point out the need to harmonize national legislation, taking into account the specifics of information systems.
Keywords: transaction, electronic transaction, information system, place of transaction, digitalization, Internet, smart contracts
Bibliographic list of articles
1. Drummer D., & Neumann D. Is code law? Current legal and technical adoption issues and remedies for blockchain-enabled smart contracts // Journal of Information Technology – No. 35 (4). – R. 337-360.
2. Dupan A. S., Bikbulatova Yu. S. Global trends in the regulation of digital platforms: from soft law and self-regulation to imperatives // Law and Law. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mirovye-tendentsii-v-regulirovanii-tsifrovyh-platform-ot-myagkogo-prava-i-samoregulirovaniya-k-imperativam (access date: 08/25/2023).
3. Kalieva N.K. Place of conclusion of the transaction – WWW. — Text: immediate // Young scientist. – 2022. – No. 21 (416). – pp. 519-522.
4. Makhinya E. A. Current problems of concluding civil transactions on the Internet // Siberian Legal Review. – 2013. – No. 2 (21). – P.69-71.
5. Marketplaces, crowdfunding and digital financial services: results of the development of platform services // Official website of the Central Bank of Russia. [Electronic resource]. – Access mode: https://cbr.ru/press/event/?id=14760.
CIVIL LAW
PRONINA Yuliya Olegovna
Ph.D. in economical sciences, associate professor, associate professor of Civil law sub-faculty of the Southwestern State University, Kursk
SUPPORT AND IMPLEMENTATION OF THE “STARTUP AS A DIPLOMA” PROGRAM AS A TYPE OF INNOVATIVE METHODOLOGY IN THE EDUCATIONAL PROCESS
The author examines current issues of implementing the “Startup as a Diploma” indicator within the framework of the strategic development program “Priority 2030” of the Russian Ministry of Science. In the work, based on the analysis of the definitions of a startup given by various scientists, its characteristics and general features of implementation in universities were highlighted. The article was the result of the author’s scientific research on startups and their implementation in universities.
Keywords: startup, university, strategic development, innovation, educational process, innovative methods.
Bibliographic list of articles
1. Aleksina A. S., Khabirova A. V., Glukhikh P. L.. Youth startup movement: analysis of foreign theoretical approaches // Journal of Economic Theory. – 2019. – T. 16. – No. 2. – P. 234-248
2. Blum V. S., Budagov A. S., Kulikova D. M. Startup as a final qualifying work in the educational program “Applied Informatics in Economics” // Actual problems of economics and management. – 2022. – No. 2 (34). – pp. 59-64. – EDN QEWAYQ.
3. Bogdanova O. N., Averkov M. S. Educational startup as a tool for developing competencies, mastering activities, and the emergence of personal projects among students // Krasnoyarsk education: vector of development. – 2022. – No. 1 (5). – pp. 142-147. – EDN YDPVYO.
4. Vostrikova A. S. Main problems of the startup industry in Russia // Alley of Science. – 2019. – T. 1. – No. 12 (39). – pp. 825 – 828.
5. Ganbarov A. T. Startup instead of thesis // Bulletin of science and education. – 2019. – No. 11-4 (65). – pp. 29-31. – EDN RVXSBD.
6. Ezhov A. S. Innovative startup – a key element of the national innovation system in Russia // Business. Education. Right. – 2020. – No. 1 (50). – pp. 250-255. – DOI 10.25683/VOLBI.2020.50.171. – EDN BGPRPM.
7. Shershneva E. G., Parkhaeva A. A. Innovative format “Startup as a diploma” in Russian universities (on the example of the Ural Federal University) // Modern scientific research and innovation. – 2021. – No. 12 (128). – EDN LOZZEC.
8. Yagubov E. Z. University as a life start-up and career guidance work as a choice of life path // Bulletin of USNTU. Science, education, economics. Series: Economics. – 2021. – No. 3 (37). – pp. 133-138. – DOI 10.17122/2541-8904-2021-3-37-133-138. – EDN CWVVND.
9. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/action/priority2030/
CIVIL LAW
SEDOV Petr Denisovich
postgraduate student of the Law Faculty of the Financial University under the Government of the Russian Federation
GEOGRAPHICAL INDICATIONS AND NAMES OF PLACES OF ORIGIN OF GOODS IN THE EAEU COUNTRIES. POSSIBILITY OF CREATING A COMMON REGISTRATION SYSTEM
In light of the introduction of geographical indications in the Russian Federation and its inability to join the Geneva Act of the Lisbon Agreement, there is an urgent need to create a unified registration system on the territory of the EAEU countries. This article examines the legal regulation of geographical indications and place names of origin of goods on the territory of the EAEU countries. The main focus is on the regulation of these concepts in the context of the EAEU countries. During the research, certain peculiarities of national regulation in the EAEU member states were also identified. Additionally, a number of issues that hinder the establishment of a common registration system for geographical indications and place names of origin of goods of have been identified.
Keywords: geographical indications, legal regulation, registration system, EAEU, legislation, means of individualization.
Bibliographic list of articles
1. Gorlenko S. A. Improving the international system of legal protection of appellations of origin of goods and geographical indications // Patents and licenses. Intellectual rights. – 2016. – No. 1. – P. 37-44
2. Eremenko V.I. Features of legal protection of appellations of origin of goods in the Russian Federation // Intellectual Property Exchange. – 2012. – T. XI. No. 2. – pp. 9-10.
3. Ivliev G. P., Egorova M. A. Ensuring legal protection of the results of intellectual activity and commercialization of rights to them in the EAEU // Lex Russica (Russian Law). – 2021. – T. 74. No. 11 (180). – pp. 9-16.
4. Minakova I.V., Solodukhina O.I. Improving control by customs authorities of the EAEU of cross-border movement of intellectual property objects // Region: systems, economics, management. – 2022. – No. 1 (56). – pp. 11-17
5. Ruzakova O. A., Grin E. S. Issues of development of legal regulation of relations, the object of which are geographical indications // Bulletin of Perm University. Legal sciences. – 2018. – No. 42. – P. 685-699.
6. Sychev A. E. Examination of applications for appellations of origin of goods and geographical indications // Patents and licenses. Intellectual rights. – 2020. – No. 11. – P. 2-9.
7. Shakhnazarova E. A. Features of international legal protection of appellations of origin of goods and geographical indications in the light of the adoption of the Geneva Act of the Lisbon Agreement on May 20, 2015 // Journal of Russian Law. – 2016. – No. 11 (239). – pp. 171-180.
8. Shakhnazarova E. A. Protection of means of individualization containing an indication of the geographical origin of goods in private international law: dissertation … candidate of legal sciences: 12.00.03; [Place of defense: Institute of Legislation and Comparative Law at the Lawgovernment of the Russian Federation]. – Moscow, 2019. – 276 pp.
9. Sheremetyeva N.V. Legal regime of “geographical indication” // Law and practice. – 2020. – No. 2. – P. 140-143
10. Yadrevsky O. O. Innovations in the legislation of the Republic of Belarus on geographical indications // Third civil readings in memory of Professor M. G. Pronina: Collection of materials, Minsk, March 18, 2021 / Edited by N. L. Bondarenko [and others]. – Minsk: Academy of Management under the President of the Republic of Belarus, 2021. – P. 263-267.
11. Jay T., Taylor M. A case of champagne: a study of geographical indications // Corporate Governance eJournal. – 2013. – T. 29. – P. 1-31.
CIVIL LAW
SINELNIKOVA Evelina Andreevna
bachelor of the 5th course of the Bachelor’s Degree of the Faculty of Law Financial University under the Government of the Russian Federation Moscow
THE SHAREHOLDER AND THE CONTRACT OF PARTICIPATION IN SHARED-EQUITY CONSTRUCTION: LEGAL GAPS AND WAYS TO RESOLVE DISPUTES
This article analyzes the legal terminological gaps associated with the lack of a clear definition of the contract of participation in shared-equity construction against the background of the complexity of its legal nature, as well as the importance of clarifying the status of the shareholder as a participant in shared-equity construction in Russian legislation. As a result of the study, possible legislative definitions of these concepts were proposed, as well as recommendations for solving key problems identified in judicial practice in order to eliminate uncertainty and increase the effectiveness of legal regulation in the field of shared-equity construction, making legislation more relevant and corresponding to modern market realities.
Keywords: the contract of participation in shared-equity construction, the legal nature of the contract of participation in shared-equity construction, the definition of the contract of participation in shared-equity construction, the bankruptcy of the developer, the term shareholder, the priority of the requirements of participants in shared-equity construction.
Bibliographic list of articles
1. RBC. Real estate. Rosreestr recorded an absolute record of demand in new buildings in Moscow. [Electronic resource]. – Access mode: https://realty.rbc.ru/news/650affb39a79476fe1f17e98 (Access date: 11/01/2023).
2. Belousov A.L., Soshilova N.S. The only housing for debt // Russian statehood and the legal system in the 21st century: trends, contradictions and development prospects: Interregional scientific and practical conference of scientists, graduate students, students and practitioners. Astrakhan: Astrakhan State Technical University, 2017. pp. 60-63.
3. Double sales of apartments: a chronicle of the struggle // Gazeta.Ru. 2006. July 21. [Electronic resource]. – Access mode: http://www.bpn.ru/publications/19093/# (Date of access: 10/23/2023).
4. Gurin N.V. Correlation of the agreement of participation in shared construction with other legal forms of investment in construction // Bulletin of St. Petersburg University Ser. 14. 2009. Issue. 3. P. 141.
5. Zhuravleva A. A. Agreement on investment in housing construction and agreement on participation in shared construction: correlation of concepts // Journal of Russian Law. 2016. No. 7.
6. Mayfat A.V. Civil law investment structures. M., 2006. P. 161.
7. Binkovskaya A. A. The concept and content of shared construction of real estate objects according to Russian legislation // Law and Economics. 2016. No. 10. P. 21-26.
8. Petrukhin M.V. Concept and signs of an agreement for participation in shared construction // Journal. grew up rights. 2010. No. 3. P. 134-142.
9. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated August 14, 2020 No. 307-ES19-24320 in case No. A56-44694/2019. [Electronic resource]. – Access mode: https://clck.ru/36sRg7 (Date of access: 01.11.2023).
10. Ershov O. G. Agreement of participation in shared construction in the system of civil law contracts // Notary. 2013. No. 2. P. 22.
11. Vagina O. S. Some features of the subjective composition of legal relations in the sphere of participation in shared construction // Bulletin of Perm University. 2011. No. 1. P. 85.
12. Determination of the Investigative Committee for civil cases of the Sixth Court of Cassation of General Jurisdiction dated August 1, 2023 in case No. 8G-14758/2023[88-16476/2023]. [Electronic resource]. – Access mode: https://base.garant.ru/335426871/ // (Date of access: 03.11.2023).
13. Bunina N. Object of shared construction: legal problems of defining the concept // Lawyer. 2007. No. 6. P. 42.
CIVIL LAW
ANDRIEVSKIY Konstantin Vitaljevich
Ph.D. in Law, associate professor, Director of the ANO “Institute of Economic and Legal Research”, Sevastopol
SHESTOV Sergey Nikolaevich
Ph.D. in economical sciences, associate professor of Enterprise economics sub-faculty of the Sevastopol State University
TRANSFORMATION OF THE TAX LEGISLATION OF RUSSIAN FEDERATION IN THE CONDITIONS OF DIGITAL ECONOMY
In the article the changes happening in regulation of tax legal relationship are considered. The role of the changes which happened in the tax legislative massif of Russia in connection with digitalization of society and economy is emphasized and also the perspective directions of improvement of the legal massif and problem aspects in the considered subject domain are allocated. One of the problem areas is the protection of data entering the virtual space. In this regard, one of the areas of digital transformation of the economy, which has recently begun to interest Russian legislation in order to develop normative legal regulation of these legal relations, is cryptocurrencies.
In the work, the authors concluded that today the legislator is trying to prevent excessive tightening of the legal regime for the use of cryptocurrency, and on the other hand, to introduce reasonable control over the turnover of a new type of assets in order to prevent the shadowing of the cryptocurrency segment of the country’s financial space. At the same time, the vast majority of national economic systems are in a digital transformation mode, caused by the transfer of the real sector of the economy into the virtual space, an increase in the share of digital services and goods in the structure of GDP , and the “digitization” of legislation.
Keywords: tax system, tax law, digitalization, digital asset, cryptocurrency, private office.
Bibliographic list of articles
1. Bakaeva O. Yu., Bakholdin O. I. Features of digitalization of the activities of tax authorities (legal aspect) // Bulletin of the State Law Academy. – 2023. – No. 3. – P. 226-232.
2. Brattsev V. I., Roibu A. V. Digitalization of taxation and the stimulating basis for the development of the real sector of the economy // Vestnik REU im. G. V. Plekhanov. – 2018. – No. 5. – P. 20-25.
3. Vasilyeva M.V. Current aspects of taxation in the context of digitalization // Accounting and Statistics. – 2022. – No. 2. – P. 65-71.
4. Emelyanov A. S. Overcoming the vulnerability of taxpayers in the context of digitalization of tax control and tax administration // Law and practice. – 2021. – No. 4. – P. 205-209.
5. Kamenkov V. S. Legal regulation of digitalization in relation to tax obligations // YurSpektr. – 2023. [Electronic resource]. – Access mode: https://ilex.by/pravovoe-regulirovanie-tsifrovizatsii-v-otnoshenii-nalogovogo-obyazatelstva/.
6. Kononenko O. V. Taxation in the digital economy: challenges and prospects // Bulletin of the Institute of Economic Research. – 2020. – No. 1. – P. 147-153.
7. Ostroumov N.V. Current problems of changing civil and tax legislation in the context of digitalization // Legal technology. – 2023. – No. 17. – P. 566-569.
8. Porokhov E.V. Digitalization and tax law // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2020. – No. 1. – P. 310-316.
CIVIL LAW
WANG Lu
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PROBLEMS OF PLACEMENT OF CHILDREN LEFT WITHOUT PARENTAL CARE IN THE PEOPLE’S REPUBLIC OF CHINA
In the People’s Republic of China, the problems of placement of children left without parental care are the most difficult compared to similar problems in other countries of the world. This is due both to the specifics of relations in Chinese society, where parents can leave their children to the informal guardianship of relatives or other persons who are not related to their children, and to the specifics of Chinese legislative regulation focused on state support of children exclusively in the case of official registration of guardianship relations, including from the state, or the transfer of children under the responsibility of social security institutions. At the same time, issues related to the placement of children left without parental care in informal families (that is, to persons who do not have any kinship with children) are of particular relevance.
The article examines the specifics of the functioning of such informal families, focuses on the fact that local government bodies can not only informally support informal families, but also contribute to the development of such aninstitution. At the state level, the importance of informal foster families as a new form of alternative care is recognized and attention is focused on the need to support such families, but at the legislative level, appropriate support measures have not yet been fixed. At the same time, such informal families should be considered not just as a form of alternative childcare, but also as a new institution of Chinese society in matters of the placement of children left without parental care and to provide this institution with effective mechanisms of legal regulation.
Keywords: children left without parental care, informal families, legal problems of children’s placement, legal provision of children’s rights, social security institutions.
Bibliographic list of articles
1. Blaxland M., Shang X. Fisher K.R. 2018, ‘Women and care in China’, in Shaver S (ed.), Handbook of Gender and Social Policy, Edward Elgar, Cheltenham, UK. – Рp. 430-447. – [Electronic resource]. – Access mode: http://dx.doi.org/10.4337/9781785367168.
2. Fisher K.R., Cortis N., Shang X., Blaxland M. 2023, ‘Chinese and Australian Neoliberal Policy Responses to Risks in Social Service Purchasing’, Social Policy and Society. – Рp. 1-16. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1017/S1474746423000155.
3. Shang, Xiaoyuan & Fisher, Karen. (2022). Ten – State support for children in informal care. 185-206. 10.46692/9781447336709.010.
4. Shang X., Fisher K.R., 2019, ‘Everything for the Children: Orphans Growing up in Informal Adoptive Families in China’, Journal of Social Service Research, 45. – Pp. 166-180. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1080/01488376.2018.1479674.
5. Shang X., Katz I. 2015, ‘Awareness of Child Maltreatment among Professionals in Shanghai’, Asian Social Work and Policy Review, 9. – Pp. 245-256. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1111/aswp.12062.
6. China’s Family Education Promotion Law. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (date of access: 10/22/2023).
7. China’s Law on the Protection of Minors. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (accessed 10/22/2023).
8. Seven children killed in Henan orphanage fire. – [Electronic resource]. – Access mode: https://www.scmp.com/news/china/article/1119738/seven-children-killed-henan-orphanage-fire (accessed: 10/22/2023).
9. The Orphans of China’s Economic Miracle. – [Electronic resource]. – Access mode: https://www.nytimes.com/2018/03/27/opinion/china-left-behind-children.html (accessed 10/22/2023).
10. MCA, Ministry of Public Security, Ministry of Justice, Ministry of Health, National Commission of Population and Family Planning. Notice on addressing issues concerning informal adoption of children by Chinese cityzens. – [Electronic resource]. – Access mode: http://www.gov.cn/zwgk/2008-09/22/content_1102097.htm. (date of access: 10/22/2023).
CIVIL LAW
DULAEVA Zarina Soslanovna
postgraduate student of 3 years of study of the K. L. Khetagurov North Ossetian State University
PROSPECTS FOR THE DEVELOPMENT OF PROPRIETARY (POSSESSORY) PROTECTION IN THE CIVIL LAW OF THE RUSSIAN FEDERATION AND HER ROLE
This article examines the perspectives on the development of possessor protection in Russian civil law and its role. The article addresses a number of questions regarding the prospects for the development of possessor protection. The relevance of introducing provisions on possessor protection in the Civil Code of the Russian Federation is justified, and an analysis of the shortcomings of the Draft Civil Code in the field of possessor protection is conducted, which may lead to the improper functioning of such protection mechanism . The article emphasizes that providing adequate protection of ownership is a fundamental aspect of justice and establishing a balance of interests between owners and third parties, and the creation of effective protection mechanisms will help guarantee the rights of owners and prevent unwarranted challenges to their ownership.
Keywords: possessor protection, protection against self-help, vindication claim, negative claim, possessor claim. acquired subscription, titles, non-title defeat.
Bibliographic list of articles
1. Butina V.V. Possessory (possessory) protection in the current civil legislation of Russia // In the collection: Achievements of university science 2018. collection of articles of the International scientific and practical competition: in 3 hours – 2018. -pp. 264-266.
2. Radchenko N. A. Correlation of possessory (possessory) protection and vindication // Young scientist. – 2020. – No. 25 (315). – pp. 290-292.
3. Seleznev A. B. Possessory (possessory) protection of title rights of real estate owners // In the collection: Law. Society. Human. Current issues in the theory and practice of law. Collection of scientific articles. Edited by O. V. Arkhipova, A. I. Klimin. – St. Petersburg, 2020. – pp. 46-51.
4. Tamliani D. M. Controversial issues of introducing possessory protection in Russia // Alley of Science. – 2022. – T. 1. No. 9 (72). – pp. 632-638.
5. Fomenko M. A. About owner protection in the draft amendments to the Civil Code of the Russian Federation // In the collection: Innovations in science and practice. Collection of articles based on the materials of the XI International Scientific and Practical Conference. In 3 parts. Executive editor Khalikov A. R., 2018. – pp. 248-252.
CIVIL LAW
MOKSHIN Sergey Igorevich
postgraduate student of Civil law and process sub-faculty of the Volga Region Institute of Management – branch of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
THE OBJECT OF CIVIL PROTECTION AND THE SUBJECT OF PROOF IN CASES OF DISPUTE RESOLUTION ARISING FROM THE SURROGACY AGREEMENT
The article examines the characteristic features of the object of civil protection in cases related to surrogacy, the subject of proof in this category of civil cases. The author, taking into account the analysis of general theoretical provisions regarding these categories, formulated the subject of evidence in cases considered in the order of claim and special proceedings.
Keywords: object of civil protection, subject of proof, surrogacy, surrogacy agreement, proof.
Bibliographic list of articles
1. Arkhipov I.V. Life as an object of civil legal protection // Legal science. – 2020. – No. 12. – P. 7-11.
2. Arkhipov I.V. Objects of civil rights and objects of protection // Issues of Russian and international law. – 2017. – Volume 7. – No. 5A. – pp. 110-120.
3. Lebedev M. Yu. Civil process: a textbook for universities. 13th ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 438 p.
4. Sergun A.K. Soviet civil procedural law. Textbook allowance. – M.: [b.i.], 1960. – 127 p.
CIVIL LAW
TOKAREV Alexander Maksimovich
bachelor student in the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
PROBLEMS ASSOCIATED WITH THE CONTRACT OF RETAIL SALE ON THE INTERNET
The article considers the main aspects of the contract of retail sale on the Internet and the problems faced by the parties in its conclusion and execution. Particular attention is paid to the problem of fraud in online commerce, as well as logistical difficulties and technical errors arising in the implementation of e-commerce. The article also examines the regulations governing online retail sales and provides examples from court practice. In conclusion, the author notes the positive impact of online commerce on the economy and suggests further research in this area.
Keywords: Internet trade, purchase and sale, electronic contract, electronic commerce.
Bibliographic list of articles
1. Belskaya A. A. Specifics of the legal nature of the remote method of purchase and sale // Vestnik RUK. – 2018. – No. 2 (32). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-pravovoi-prirody-distantsionnogo-sposoba-kupli-prodazhi (access date: 11/06/2023).
2. Murzina D. O., Stekacheva E. S. ELECTRONIC COMMERCE ON THE INTERNET // Forum of young scientists. – 2017. – No. 12 (16). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/elektronnaya-torgovlya-v-internete (date of access: 06.11.2023).
3. Senchenko E. V. Analysis of the electronic trade market in Russia // Strategy for sustainable development of Russian regions. – 2015. – No. 28. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-rynka-elektronnoy-torgovli-v-rossii (date of access: 11/06/2023).
CIVIL LAW
CHEREMISINA Kristina Maksimovna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
student of the Far Eastern Federal University, Vladivostok
PUCHKIN Dmitry Konstantinovich
master’s degree, Far Eastern Federal University
YUDINA Darya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
ZHURMAN Yulia Vladimirovna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF OPINIONS ON IMMIGRATION IN A COMPARATIVE PERSPECTIVE: AN ANALYSIS OF THE OPINIONS OF CITIZENS IN DIFFERENT COUNTRIES
The scientific article explores the dynamics of citizens’ opinions about immigration in various countries. Using the dyadic relations algorithm and analyzing data on public opinion, we strive to identify changes in attitudes towards immigration and immigrants in time and space. The results obtained allow us to understand how immigration policy affects the opinions of citizens and how these opinions evolve in different countries.
Keywords: citizens’ opinions, immigration, immigrants, opinion dynamics, algorithm of dadic relations, immigration policy, social changes, public support, public opposition, country analysis.
Bibliographic list of articles
1. Cinalli M., & Van Hauwaert S. M. Contentious politics and congruence across policy and public spheres: The case of Muslims in France // Ethnic and Racial Studies. – 2021. – No. 44 (14). – R. 2532-2550.
2. Bartle J., Dellepiane-Avellaneda S., & Stimson J. A. The moving center: Preferences for government activity in Britain, 1950-2005 // British Journal of Political Science. – 2011. – No. 41 (2). – R. 259-285. https://doi.org/10.1017/S0007123410000463.
3. Bartle J., Bosch A., & Oriolls L. The political mood in Spain: The thermostat in a warm climate, 1978-2017 // European Political Science Review. – 2020. – No. 12 (2). – R. 133-153. https://doi.org/10.1017/S175577392000003X.
4. Bølstad J. Dynamics of European integration: Public opinion in the core and periphery // European Union Politics. – No. 2015. – No. 16 (1). – No. 23-44. https://doi.org/10.1177/1465116514551303.
5. Brooks C., & Manza J. Why do welfare states persist? // The Journal of Politics. – 2006. – No. 68 (4). – R. 816-827. https://doi.org/10.1111/j.1468-2508.2006.00472.x.
6. Brooks C., & Manza J. Why welfare states persist: The importance of public opinion in democracies. – University of Chicago Press, 2008.
7. Allan J. P., & Scruggs L. Political partisanship and welfare state reform in advanced industrial societies // American Journal of Political Science. – 2004. – No. 48 (3). – R. 496-512. https://doi.org/10.1111/j.0092-5853.2004.00083.x.
8. Anderson, B., Böhmelt T., & Ward H. Public opinion and environmental policy output: A cross-national analysis of energy policies in Europe // Environmental Research Letters. – 2017. – No. 12 (11). – R. 114011. https://doi.org/10.1088/1748-9326/aa8f80.
9. Arceneaux K. Direct democracy and the link between public opinion and state abortion policy // State Politics & Policy Quarterly. – 2002. – No. 2 (4). – R. 372-387. https://doi.org/10.1177/153244000200200403.
10. Arzheimer K. Contextual factors and the extreme right vote in Western Europe, 1980-2002 // American Journal of Political Science. – 2009. – No. 53 (2). – R. 259-275. https://doi.org/10.1111/j.1540-5907.2009.00369.x.
CIVIL LAW
SHUBNY Vladislav Sergeevich
postgraduate student of the 2nd course of Civil law sub-faculty of the Saratov State Law Academy
MANAGEMENT OF AN APARTMENT BUILDING: PROBLEMS OF DETERMINING THE PRICE IN THE CONTRACT AND PROSPECTS FOR IMPROVING HOUSING LEGISLATION
Background: The paper identifies some problems of setting the price of an apartment building management contract. The issue of combining the principles of public and private law in the housing sector is highlighted. The author suggests specific ways to improve the implementation of the rights of owners of an apartment building.
The purpose of the study is to develop proposals for solving practical and theoretical problems related to setting the price of a contract for managing the common property of an apartment building in the Russian Federation.
Methodological basis of the research: a set of methods of scientific cognition is used, such as: formal legal method, dialectical method, comparative analysis method, etc.
Research results: some ways of improving legislation in the field of management of common property in the MCD have been identified.
Conclusions: at the legislative level, it is necessary to regulate in more detail the procedure for setting the price of the contract for the management of the common property of an apartment building with a combination of the principles of public and private law.
Keywords: civil law, housing law, common property, apartment building.
Bibliographic list of articles
1. Grinkova N.V. Prospects for improving legislation on multi-apartment managementand houses // Problems of civil law. – 2014. – No. 1.
2. Borzenkova T. A. Legal formalization of management of apartment buildings // Laws of Russia: experience, analysis, practice. – 2006. – No. 9. – P. 21-26.
3. Vitryansky V. Essential terms of the contract // Economy and Law. – 1998. – No. 7. – P. 3-12.
CIVIL PROCEDURE
AYRAPETYAN Gurgen Vazgenovich
postgraduate student of the 2nd year of study of the Faculty of Law of St. Petersburg State University
REFUSAL TO APPLY THE STATUTE OF LIMITATIONS AS A SANCTION FOR ABUSE OF RIGHT
In the article the institution of statute of limitations is investigated not from the point of view of the procedure for calculating the terms, but in the plane of its legal content and correlation with the institution of abuse of right. There is a need to answer the question whether the court can or have to refuse to apply the statute of limitations (hereinafter referred to as “SID”) to the defendant in case of abuse of his right. The article analyzes the judicial practice on the refusal by the court to apply SID at the request of the defendant as a sanction for abuse of right.
Keywords: statute of limitations (SID), missed deadline, objection, abuse of right, unfair behavior, judicial protection.
Bibliographic list of articles
1. Engelman I.E. On prescription under Russian civil law. St. Petersburg, 1901. pp. 1-2.
2. Grimm D. D. Lectures on the dogma of Roman law: textbook / Ed. V. A. Tomsinova. M.: Publishing house “Zertsalo”, 2003. 497 p. – (series “Russian Legal Heritage”).
3. Basic provisions of civil law: article-by-article commentary to articles 1–16.1 of the Civil Code of the Russian Federation [Electronic edition. Edition 1.0] / A. V. Asoskov, V. V. Baybak, R. S. Bevzenko [etc.]; resp. ed. A. G. Karapetov. M.: M-Logos, 2020. P. 867 (Comments on civil legislation).
4. Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation.” Access date 05/10/2023. [Electronic resource] – Access mode: http://www.consultant.ru
5. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 22, 2011 No. 17912/09 in case No. A54-5153/2008, Resolution of the Arbitration Court of the North Caucasus District dated November 7, 2006 In. F08-5243/06 in case No. A63-420/2005-C2, Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 26, 2016 in case No. 301-ES15-5443, Determination of the Supreme Court of the Russian Federation dated August 1, 2016 No. 203-PEK16 , Resolution of the Arbitration Court of the North-Western District dated November 23, 2018 in case No. A56-40228/2014., Resolution of the Arbitration Court of the Volga District dated December 25, 2019 in case No. A49-6629/2012. Access date 05/10/2023. [Electronic resource] – Access mode: http://kad.arbitr.ru/
CIVIL PROCEDURE
BELYASOV Sergey Nikolaevish
Ph.D. in Law, associate professor of Public law sub-faculty of the State Humanitarian and Technology University
PIROGOV Vladimir Petrovich
senior lecturer of Legal disciplines sub-faculty of the State Humanitarian and Technology University
OBSERVANCE OF THE PROCEDURAL PERIOD AS A GUARANTEE OF THE RIGHT OF CITIZENS TO A FAIR TRIAL
The article examines the institution of “reasonable time in civil proceedings”. The article concludes that there is no concept of a basic concept in the legislation – “a reasonable period of legal proceedings”. This is due to the fact that this legal institution has a special legal nature, which is due to its intersectoral nature, and, therefore, in order to overcome violations of reasonable deadlines for legal proceedings and procedural deadlines for judicial proceedings, it is necessary to develop an integrated approach that includes eliminating not only the judicial reasons for the duration.
Keywords: Civil procedure, European Court of Human Rights, European Convention, judicial proceedings, justice.
Bibliographic list of articles
1. Gadzhiev Kh. I. Fair trial as a guarantee of trust in justice: new rights of the parties // Russian Yearbook of the European Convention on Human Rights / T. K. Andreeva, E. E. Baglaeva, G. E. Besedin et al. M.: Development of legal systems, 2019. Vol. 5: Russia and the European Convention on Human Rights: 20 years together. 576 pp.
CIVIL PROCEDURE
NAYDENOV Kirill Dmitrievich
student of the Far Eastern Federal University, Vladivostok
SIKACH Artem Sergeevich
student of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Far Eastern Federal University, Vladivostok
PROSPECTS FOR DETERMINING THE JURISDICTION OF CIVIL CASES INVOLVING JURORS IN THE RUSSIAN FEDERATION
In the presented article, the authors propose to legislatively establish a list of civil cases that may be subject to jurors from the point of view of the legal nature of the material legal relations indicated in this work and the requirements of reasonableness and expediency . This paper reflects the idea of the consistent introduction of the institution of judicial proceedings with the participation of jurors in civil proceedings in a number of cases that are mainly of a property nature and fall within the scope of a number of branches of law (civil, land, labor, family, environmental, etc.). The authors express the position according to which the Civil Procedure Code of the Russian Federation and other federal laws are subject to the inclusion of norms providing for the participation of jurors in cases that are not particularly difficult, namely in disputes related to the establishment of facts significant for a particular legal relationship and with the definition of sanctions, including the amount of monetary compensation collected from the defendant.
Keywords: jurors, foreign countries, the Anglo–Saxon system, the Civil Procedure Code of the Russian Federation, material legal relations, the category of cases of a number of branches of law, the jurisdiction of jury cases, the Criminal Procedure Code of the Russian Federation.
Bibliographic list of articles
1. Grand and Clarendon Assizes. [Electronic resource]. – Access mode: https://vostlit.narod.ru/Texts/Dokumenty/Engl/XII/GenrichII/Assizy/text.htm
2. It is proposed to introduce juries into civil trials. [Electronic resource]. – Access mode: https://rg.ru/2020/03/05/predlozheno-vvesti-prisiazhnyh-v-grazhdanskie-processy.html
3. Sharifullin R. A., Gurina D. E. Experience and prerequisites for introducing jurors into civil proceedings // Arbitration and civil process. 2020. No. 7. P. 56-60.
4. Superior Courts Act, 1981 [Electronic resource]. – Access mode: https://www.legislation.gov.uk/ukpga/1981/54/contents
5. County Courts Act, 1984 [Electronic resource]. – Access mode: https://www.legislation.gov.uk/ukpga/1984/28
6. Mikhailov A. M. Comparative law: judicial power in the legal system of England: a textbook for universities. 2nd ed. M.: 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).
7. Courts Act, 1990 [Electronic resource]. – Access mode: https://qweri.lexum.com/w/onlegis/rso-1990-c-c43-en#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQBy AYRW1SYAEbRS2ONWpA
8. Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998). [Electronic resource]. – Access mode: https://www.wipo.int/wipolex/ru/judgments/details/854
9. New York State Code. [Electronic resource]. – Access mode: https://codes.findlaw.com/ny/
10. Harris W.R. Jury Trial in Civil Cases – A Problem in Constitutional Interpretation // Southwestern Law Journal. 1953. Vol. 7.Is. 1. [Electronic resource]. – Access mode: https://scholar.smu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=4516&context=smulr
11. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ // SPS “ConsultantPlus”
12. Family Code of the Russian Federation dated December 29, 1995 No. 223-FZ // SPS “ConsultantPlus”
13. Naydenov K. D., Chernyshov N. V., Ruban P. O. On the issue of the consequences of limiting the executive immunity of a citizen-debtor // Questions of Russian and international law. 2022. Volume 12. No. 9A. pp. 309-317. DOI: 10.34670/AR.2022.43.15.041
14. Methods of fictitious staff reduction as a form of abuse of rights by the employer. [Electronic resource]. – Access mode: https://conf.siblu.ru/sposoby-fiktivnogo-sokrashcheniya-shtata-rabotnikov-kak-forma-zloupotrebleniya-pravom-rabotodatelem
FAMILY LAW
DENISOVA Yuliya Vladimirovna
postgraduate student of Jurisprudence sub-faculty of the University of Management “TISBI”
MANDATORY MEDIATION IN FAMILY DISPUTES
The article is devoted to the study of the causes of the destruction of marital relations, finding a way or ways to resolve marital relations after increasing conflicts, as well as the answer to the question: is it possible to resolve a family conflict through mediation? The article considers the nomination of a proposal to supplement the candidacy of a mediator of claims, in case of resolution of family conflicts, as well as a proposal to create a crisis center to solve family problems that arise at the initial stage.
Keywords: mediation, disputes, dispute and conflict resolution, crisis center, “mediators”, family, children, psychology, jurisprudence.
Bibliographic list of articles
1. Arkhipkina A. S. Institute of mediation in modern law // Siberian Legal Bulletin. – 2011. – No. 1. – P. 167.
2. Kupriyanchuk E. V. Psychological essence of mediation as a special type of modern communicative practices // Integration of science and practice as a mechanism for the development of modern society. – Saratov: Saratov Source, 2013. – P. 149-159.
3. Kostina O. V., Ovsyanikova E. A., Dolzhenko N. I., Savelyeva I. V. Family mediation as one of the leading directions of state family policy // Science and education: economy and economics; entrepreneurship; law and management. – 2014. – No. 10 (53). – pp. 42-46.
4. Melnichenko R. G. Mediation technologies for resolving family conflicts // Procedural law. – 2018. – Vol. 17. – No. 1. – P. 135-141.
5. Nigmatullina T. A., Ternovaya L. O. Political mediation: textbook. – Ufa: Publishing House of the Bashkir Institute of Social Technologies (branch) of the Educational Institution of Trade Unions of Higher Education “Academy of Labor and Social Relations”, 2016. – 370 pp.
6. Tarasova L. E. Social ideas about well-being in the dialogue of civilizations // Bulletin of the Udmurt University. Series Philosophy. Psychology. Pedagogy. – 2016. – T. 26. – No. 4. – P. 100-106.
7. Arbitration proceedings in the Russian Federation: textbook / Ed. O. Yu. Skvortsova – M.: Walter Kluvers Publishing House, 2010.
8. Shamionov R. M., Grigorieva M. V. Psychology of subjective well-being and social adaptation of the individual. – Saratov: Publishing house: Saratov University, 2014. – 196 p.
LABOR LAW
SARANKINA Yuliya Alexandrovna
Deputy Head of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
LABOR MIGRATION: GENERAL CHARACTERISTICS AND CURRENT TRENDS
The article is dedicated to a comprehensive analysis of the migration institute. The article examines in detail the content of this institution, defines the essence of emigration, immigration, the content of the concept of “refugee”, based on the analysis of statistical data, conclusions are drawn about the current state of migration processes in the Russian Federation, including those occurring in the labor market, analyzes the importance of labor migration processes for the socio-economic development of the host country.
Keywords: labor migrant, migration, labor migration, labor market.
Bibliographic list of articles
1. Tolametova Z. A., Khoshimov P. Z. Features of international labor migration // Economics and finance (Uzbekistan). – 2019. – No. 3 (123). – pp. 37-40.
2. Sheveleva N.P. The influence of international labor migration on the socio-economic development of the host country // Society: sociology, psychology, pedagogy. – 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-mezhdunarodnoy-trudovoy-migratsii-na-sotsialno-ekonomicheskoe-razvitie-prinimayuschey-strany/viewer.
FINANCIAL LAW
ASHURLAEVA Nazhuan Magomedkhanovna
student of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of the Dagestan State University, Makhachkala
THE MAIN PROBLEMS AND EFFECTIVENESS OF EXCISE TAXATION
This article discusses problematic issues and the effectiveness of excise taxation in the Russian Federation. Special attention is paid to resolving issues related to control over the payment of excise taxes, issues of introducing changes to the regulatory framework of excise taxation, their consequences and prospects for development. The conclusion is made about the need to digitalize excise taxes in the framework of solving urgent problems.
Keywords: tax, excise tax, excise taxation, digitalization, control.
Bibliographic list of articles
1. Aguzarova F. S., Gurieva S. A. Excise taxation: problems and ways to solve them // Scientific News. – 2018. – No. 12. – P. 86.
2. Kosov M. E., Chalova A. Yu., Akhmadeev R. G., Golubtsova E. V. Federal budget and budgetary taxState policy: macroeconomic adaptation until 2025 // Financial journal. – 2023. – T. 15. – No. 2. – P. 8–26. – [Electronic resource]. – Access mode: https://doi.org/10.31107/2075-1990-2023-2-8-26.
3. Naydenova T. A., Novokshonova E. N. Tax culture as a necessary condition for ensuring the fullness of budgets // Bulletin of the Buryat State University. Economics and management. – 2022. – No. 1. – P. 34-45.
FINANCIAL LAW
GOROKHOVA Arina Olegovna
master of the Financial University under the Government of the Russian Federation
CRIME IN THE INSURANCE INDUSTRY: DEVELOPMENT TRENDS
Crime in the insurance sector is one of the significant threats to the normal functioning of the economy, as it affects the interests of the state, society and business entities. In recent years, Russia has maintained a high proportion of economic crime, one of the varieties of which is crime in the insurance sector. To date, crime in the insurance industry is identified by researchers and practitioners with the components of fraud. The author analyzes the provisions of the current legislation, statistics and law enforcement practice regarding the issues of crime in the insurance sector. The main causes of crime and methods of counteraction are considered. Conclusions are drawn based on the results of the study.
Keywords: crime, fraud, economic crime, insurance, insurance fraud, determinants of crime, crime prevention.
Bibliographic list of articles
1. Borovskikh R. N. Crimes in the insurance business as a type of crime and detection in the insurance sector: problems of detection // Legal science and law enforcement practice. – 2013. – No. 4 (26). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prestupleniya-v-sfere-strahovogo-biznesa-kak-vid-prestupleniy-i-raskrytiya-v-sfere-strahovaniya-problemy-vyyavleniya (access date: 07.05 .2023).
2. Kinzyagulov A.F. Features of fraud in the insurance sector // Pen of Science. – 2020. – No. 24. – P. 14-17.
3. Kuzko E. S. Reasons for individuals committing fraud in the insurance industry // The future is ours: the view of young scientists on the innovative development of society: a collection of scientific articles of the 2nd All-Russian Youth Scientific Conference, Kursk, June 04, 2021. Volume 3. – Kursk: Southwestern State University, 2021. – P. 47-51.
4. Chumachenko A. N. Crime in the insurance sector // Current problems in the development of the financial and credit system of Ukraine: Materials of another All-Ukrainian scientific conference of students and young adults, Donetsk, April 09-10, 2009. – Donetsk: Donetsk National Technical University, 2009. – P. 171-172.
FINANCIAL LAW
MUTUEV Akhmed Ibragimovich
magister student of the 2nd course of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, of associate professor of Administrative, financial and customs law sub-faculty of the Dagestan State University, Makhachkala
PRACTICE OF TAX DISPUTES IN THE RF AND FOREIGN COUNTRIES
This article represents a unique analysis of the experience of foreign countries in the field of challenging decisions of tax authorities, focusing on the procedures for resolving tax disputes and the actions (or inactions) of tax authorities. As a result of the research conducted, differences between foreign and Russian tax legislation have also been identified. This adds originality and uniqueness to this article, making it not only informative but also relevant for specialists in the field of tax law.
Keywords: tax dispute, tax authority, legislation, appeal, taxpayer, court decision, dispute settlement.
Bibliographic list of articles
1. “Tax Code of the Russian Federation (Part One)” dated July 31, 1998 No. 146-FZ (as amended on August 4, 2023) (with amendments and additions, entered into force from October 1, 2023).
2. “Tax Code of the Russian Federation (Part Two)” dated 08/05/2000 No. 117-FZ (as amended on 11/27/2023).
3. “Arbitration Procedural Code of the Russian Federation” dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023, as amended on June 22, 2023) [Electronic resource]. – Access mode: https://legalacts.ru/kodeks/APK-RF/
4. Korzun S. Yu. “Protection of taxpayers’ rights in foreign countries” // Administrative and municipal law. – Moscow, 2022. – No. 12.
5. Orakhelashvili D. B. “The concept of tax disputes and certain areas of their resolution in the Russian Federation.” Candidate of Legal Sciences. – Moscow, 2019.
6. Taxation disputes/Pravogroup Legal Center. [Electronic resourceWith]. – Access mode: http://pravogroup.ru.
FINANCIAL LAW
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
KESOV Georgy Pavlovich
student of the I. T. Trubilin Kuban State Agrarian University
GABRIELYAN Stepan Samvelovich
student of the I. T. Trubilin Kuban State Agrarian University
LEGAL REGULATION OF AUDIT SECRECY
The article discusses the issue of legal regulation of audit secrecy in the Russian Federation. Audit secrecy includes information obtained by an auditor or an audit organization in the course of its professional activities. Legal regulation of audit secrecy is carried out on the basis of financial, civil and other branches of domestic legislation. The article raises issues of contradiction between financial legislation on the regulation of audit secrecy and other norms of the legislation of the Russian Federation
Keywords: audit secrecy, auditing activities, the institution of secrecy, financial legislation, legal regulation.
Bibliographic list of articles
1. Federal Law of the Russian Federation “On Auditing Activities” dated December 30, 2008 No. 307-FZ (as amended on July 24, 2023) // Russian newspaper. – 2008. – No. 267.
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // Russian newspaper. – 1994. – No. 238-239.
3. Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ (as amended on October 19, 2023) // Russian newspaper. – 2001. – No. 256.
4. Tax Code of the Russian Federation (part one) dated July 31, 1998 No. 146-FZ (as amended on August 4, 2023) // Russian newspaper. – 1998. – No. 148-149.
5. Zadorozhnaya K. A. Features of compliance with audit rules (standards) in the Russian Federation // Polimatis. – 2018. – No. 9. – P. 25-34.
6. Arkhireeva A. S., Sheudzhen A. A. The role of audit as an auxiliary instrument in the legal regulation of economic activity of enterprises in a regulated market // Epomen. – 2019. – No. 23. – P. 38-44.
7. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
8. Yakimenko K. S., Arkhireeva A. S., Ochakovsky V. A. Auditor’s secret: legal regime // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 223-225.
9. Kurochkina E. V., Ochakovsky V. A. Features of legal regulation of liability for non-compliance with audit confidentiality // Polimatis. – 2018. – No. 9. – P. 55-60.
10. Krutova Ya. A., Ochakovsky V. A., Korytina T. E. Tax secrets and its support // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (41). – pp. 122-126.
11. Saakyan M. A., Arkhireeva A. S. Tax secret and features of its implementation // Humanitarian, socio-economic and social sciences. – 2019. – No. 2. – P. 117-120.
12. Arkhireeva A. S., Strukova T. A. Audit report as a result of an audit // Epomen. – 2019. – No. 24. – P. 25-30.
FINANCIAL LAW
PONOMAREV Oleg Vladimirovich
senior lecturer of Competition and business law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
MAKHONIN Danila Dmitrievich
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
BAVIN Dmitriy Evgenjevich
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
PARTICIPATION OF CITIZENS IN THE BUDGET PROCESS AS A FACTOR OF INCREASING THE EFFICIENCY OF DISTRIBUTION AND UTILIZATION OF BUDGETARY FUNDS
The article raises the issue of the possibility of citizens participating in the budget process. Foreign experience of “popular” budgeting is given. The advantages and disadvantages of the forms of participation of citizens in the formation of priorities for the distribution of budget funds operating in the Russian Federation were considered. An analysis of the current legislation is provided. Vectors of possible development of programs aimed at involving citizens in the budget process are proposed.
Keywords: budget process, the principle of citizen participation in the budget process, people’s budgeting, initiative budgeting, participatory budgeting, People’s Budget, Local Initiatives Support Program.
Bibliographic list of articles
1. “Budget Code of the Russian Federation” dated July 31, 1998 No. 145-FZ (as amended on November 2, 2023).
2. Blinova E. A., Participatory budgeting and state controllability in Brazil // Man. Community. Control. – 2016. – T. 17. – No. 4. – P.31-44.
3. Boltinova O. V., The principle of citizen participation in the budget process // Current problems of Russian law. – 2023. – T. 18. – No. 7 (152). – pp. 54-61.
4. Mironova S. M., “People’s budget” as a form of participation of citizens in the financial activities of the state and municipalities // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. Constitutional and administrative law. – 2016. – pp. 25-30.
5. Answer. ed. Zapolsky S.V., Financial law: a textbook for academic undergraduates / 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2015. Series: Bachelor. Academic course. – pp. 200-211.
6. Tass: article “In Primorye, as part of the “People’s Budget” campaign, a park will be built and windows in schools will be replaced” dated 07/02/2020. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/8868035 (date of access: 10/27/2023).
FINANCIAL LAW
POSPELOVA Svetlana Valerjevna
Ph.D. in medical sciences, associate professor, professor of Public Law sub-faculty of the Faculty of Extrabudgetary Education of the Perm Institute of the FPS of Russia
DOLGINOV Ilya Sergeevich
senior lecturer of Civil law disciplines sub-faculty of the Perm Institute of the FPS of Russia
LEGAL ASPECTS OF OPTIMIZATION OF TAXATION OF ENTERPRISES
The article discusses the issues of optimizing the taxation of an enterprise as a way to reduce tax costs and improve its financial condition due to this. The objectives, types, principles, as well as the essence of tax optimization through the prism of its inherent features are disclosed. Special attention is paid to the principles and individual methods of tax optimization, which are considered in the activities of enterprises at the present stage.
Keywords: optimization, taxation, taxes, tax burden, enterprise.
Bibliographic list of articles
1. Potorochin P. S. Determination of the tax burden and the essence of its optimization // Bulletin of Science. – 2020. – T. 2. No. 1 (22). – P. 152.
2. Tolmacheva O. I. Methodological aspects of assessing the tax burden and the use of tax accounting data in determining the tax burden of an organization // Bulletin of Science and Education. – 2019. – No. 1-1 (55). – P. 53.
3. Taxes and taxation: textbook and workshop / D. G. Chernik [et al.]; edited by D. G. Chernik, Yu. D. Shmelev. – M.: Yurayt Publishing House, 2021. – P. 359.
4. Kartecheva E. V. A fine line between tax optimization and tax evasion // Infrastructural branches of the economy: problems and development prospects. – 2018. – No. 14. – P. 117.
5. Nazarova N. A. Tax burden: principles and effective ways of optimization // Economics and management: problems, solutions. – 2021. – T. 2. No. 2 (110). – P. 140.
6. Savinova O. V. Tax optimization: principles and methods // In the collection: Best student article 2019 collection of articles of the XXV International Research Competition: in 2 hours – 2019. – P. 42.
7. Vilkova E. S. Tax planning. Theory and practice: textbook. – M.: Yurayt Publishing House, 2019. – P. 226.
8. Kugasova A. N. Methods for optimization of taxation // In the collection: Fundamental applied science: state and development trends. Collection of articles of the IX International Scientific and Practical Conference. Petrozavodsk, 2021. – P. 63.
FINANCIAL LAW
YUDIN Ivan Petrovich
senior lecturer of Legal disciplines sub-faculty of the State University of Humanities and Technology, postgraduate student of the Law Faculty of the A. S. Griboyedov Moscow University
SHCHERBININA Irina Vasiljevna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the State University of Humanities and Technology
ACTIVITIES OF THE BANK OF RUSSIA AS AN ENTITY WITH PUBLIC FINANCIAL POWERS AND A QUALIFIED INVESTOR IN THE FINANCIAL MARKET
The article examines the activities of the Bank of Russia as a specific subject of private and public law relations through the prism of its regulatory function in the financial market.
Keywords: Bank of Russia, monetary policy, qualified investor, business turnover, financial instrument, securities.
Bibliographic list of articles
1. Byrda N. A., Zakharova T. I. State support of the financial sector // Innovations and investmentstition. – 2023. – No. 4. – P. 208-212.
2. Garyshinova A. R. The influence of economic sanctions on the monetary policy of the Central Bank of the Russian Federation. – Text: immediate // Young scientist. – 2022. – No. 22 (417). – pp. 158-161. [Electronic resource]. – Access mode: https://moluch.ru/archive/417/92350/ (access date: 11/07/2023).
3. Eremina O.I. et al. The influence of monetary policy on investment activity in Russia // Bulletin of the Altai Academy of Economics and Law. – 2022. – No. 10 (3). – pp. 410-415
4. Krokhina Yu. A. Financial law of Russia: textbook. – 6th ed., revised. – Moscow: Norma: INFRA-M, 2021. – 504 p.
5. Rozhdestvenskaya T. E., Guznov A. G. Banking law. Public legal regulation: textbook and workshop for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2020. – 222 p.
BUSINESS LAW
GORSHKOV Dmitriy Alexandrovich
General Director of “Gorshkov and Partners” Law Firm, competitor of Business law sub-faculty of the Russian State Humanitarian University
EVOLUTION OF THE LEGAL REGULATION OF THE PLEDGE MANAGEMENT AGREEMENT
The paper examines the stages of the formation of the institution of pledge management in Russian civil law, outlines the positions of scientists on the features of this type of contract, its impact on the stability of civil turnover, as well as defects in legislative consolidation. The experience of foreign law and order concerning the normative consolidation of the practice of using this institution is considered.
Keywords: collateral management, related contracts, contractual structures, syndicated lending, bank lending.
Bibliographic list of articles
1. Makovsky A.L. Own experience – dear school // Current problems of private law: collection. Art. to the anniversary of P. V. Krasheninnikov (Moscow – Ekaterinburg, June 21, 2014) / Ed. V.V. Vitryansky, S.Yu. Golovina, B.M. Gongalo and others – M., 2014. – P. 127.
2. Matsuev A. I., Miller K. S. Some practical problems of using a collateral management agreement // Banking Law. – 2020. – No. 2. – P. 75-79 @@ Matsuev A. I., Miller K. S. Some practical problems of using a collateral management agreement // Banking Law. – No. 3. – P. 28-32.
3. Pevzner A. A. Novels of civil law regulation of the plurality of mortgagees // Law and Management. XXI Century. – 2016. – No. 2 (39). – P. 118.
4. Emelkina I. A. Problems of the relationship between property rights and the construction of “management of someone else’s property” // Civil law. – 2021. – No. 6. – P. 12.
5. Gongalo B. M. Development of codification of legislation on pledge: transformation of concepts // Codification of Russian private law 2019 / V. V. Vitryansky, S. Yu. Golovina, B. M. Gongalo et al.; edited by D. A. Medvedeva. – M.: Statute, 2019. – 492 p.
6. Reforming civil legislation: general provisions on transactions, obligations and contracts / I. Z. Ayusheeva, I. S. Bogdanova, E. S. Boltanova and others; resp. ed. V.V. Dolinskaya. – Moscow: Prospekt, 2018. – 192 p. (author of the chapter – V.V. Dolinskaya).
7. Stepanov D.I. Draft Civil Code: from Soviet-style paternalism to true private law // Law. – 2012. – No. 5. – P. 97-110.
8. Fogel V. A., Schmidt S. G. Management of methods for ensuring the fulfillment of obligations in Germany in connection with the conclusion of a syndicated loan agreement // Law. – 2012. – No. 2. – P. 161-171.
9. Gravin D.I. Syndicated lending in Russian and English law // Journal of Russian Law. – 2013. – No. 12. – P. 100-109.
10. Gregory Jon. Counterparty credit risk. ISBN 978-0-470-68576-1. – P. 59.
11. Kirpichev A. E. Category of interrelated agreements in Russian and European law // Civil law. – 2014. – No. 2. – P. 40-43.
12. Wery P. Droit des obligations: developpements recents et pistes nouvelles, Formation permanente C.U.P. – Vol. 96, Anthemis. – 2007. – P. 10.
13. Deshayes M. Interdependance contractuelle: la Cour de cassation tranche pour une definition objective de la notion // Option Finance. – 2013. – No. 1225.
14. Model rules of European private law / Transl. from English; Scientific ed. N. Yu. Rasskazova. – M.: Statute, 2013. – 989 p.
15. Karapetov A. G. Suspension of fulfillment of an obligation as a way to protect the rights of the creditor. – M.: Statute, 2011. – 239 p.
16. Antimonov B. S. Grounds for contractual responsibility of socialist organizations. – M.: Legal literature, 1962. – P. 139 @@ Klein N. I. Organization of contractual and economic relations. – M., 1976. – P. 3.
17. Shirvindt A. M. Restriction of freedom of contract in order to protect consumer rights in Russian and European private law // Bulletin of Civil Law. – 2013. – No. 1. – P. 5-51.
18. Gabov A. V. Interested party transactions in the practice of joint stock companiesstv: problems of legal regulation. – M.: Statute, 2005. – 412 p.
19. Morozov S. Yu. System of transport organizational agreements. – M.: Norma, 2011. – 352 p.
20. Ivanov O. M. Legal regulation of the cost of consumer credit: dis. …cand. legal Sci. – M., 2013. – P. 38.
21. Gunin A.V. Sublease agreement in Russian civil law: general provisions // Civil law. – 2011. – No. 2. – P. 30-33.
22. Kovrov N. N. Contractual relations in subcontracting relations // Lawyer. – 2010. – No. 11. – P. 28-31.
23. Chepiga T. D. Financial lease (leasing): problems of legal succession // Civilist. – 2011. – No. 2. – P. 67-72.
24. Kharitonova Yu. S. Pledge management agreement // Laws of Russia: experience, analysis, practice. – 2014. – No. 11. – P. 15-20.
25. Vasilevskaya L. Yu. Legal qualification of the collateral management agreement // Law. – 2016. – No. 3. – P. 38–47.
26. Bautina V. S. Pledge management agreement: content and problems of application // Law, society, state: problems of theory and history: collection. Art. All-Russian student scientific conf. Peoples’ Friendship University of Russia, 2017. – P. 269.
27. Nuriev A. Kh. Regulation of project financing: on the way to international standards // International banking operations. – 2014. – No. 1. – P. 10.
28. Grishaev S.P., Bogacheva T.V., Sweet Yu.P. Article-by-article commentary to the Civil Code of the Russian Federation. Part one. – [Electronic resource]. – Access mode: Access from SPS “ConsultantPlus”, 2019 (author of the commentary on Article 356 of the Civil Code of the Russian Federation – S.P. Grishaev).
29. Vitryansky V.V. Reform of Russian civil legislation: interim results. – M.: Statute, 2018. – P. 216.
30. Petukhova A. V. Pledge: main changes in legislation // Individual entrepreneur: accounting and taxation. – 2014. – No. 4. – P. 73-78.
31. Shkoldin K. V. Pledge management agreement: new rules for collateral management // Novels of Law, Economics and Management 2021: collection. scientific works on materials of the VII international. scientific-practical conf. – 2022. – pp. 114-117.
BUSINESS LAW
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
ZOLOTAREVA Irina Alexandrovna
student of the 1st course, direction Economics, profile “Economics, finance and accounting” of the I. S. Turgenev Orel State University
FEATURES OF THE CREATION AND DEVELOPMENT OF THEIR OWN BUSINESS BY BEGINNING BUSINESS ENTITIES IN RUSSIA
This study presents the results of the analysis of the dynamics of the number of business entities in the Russian Federation as a whole and, in particular, in the Central Federal District, reflecting the specific features of start-up entrepreneurs seeking to develop personal entrepreneurial skills, self-realization in the entrepreneurial environment by creating their own business in various forms of its organization, and also theoretically substantiates the main problems of start-up entrepreneurs in the stratum of their professional activity.
Keywords: entrepreneurial activity, aspiring entrepreneur, business.
Bibliographic list of articles
1. Unified register of small and medium-sized businesses // Federal Tax Service (official website). [Electronic resource]. – Access mode: https://rmsp.nalog.ru/
2. Measures to support SMEs // My business (official website). [Electronic resource]. – Access mode: https://mybusiness.rf/anticrisis.
3. Self-employment in the Russian Federation. [Electronic resource]. – Access mode: https://sznpd.ru/statistika-samozanyatosti-na-nachalo-2023/.
CORPORATE LAW
BAYRAMOV Ramzi Rajabovich
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the St. Petersburg branch of the V. B. Bobkov Russian Customs Academy
GABDULKHAKOV Marcel Fanilevich
LL.B, competitor for a master’s degree of the Moscow State Institute of Foreign Affairs (University) of the MFA of Russia
LAVRENOVA Alexandra Sergeevna
LL.B, competitor for a master’s degree of the Moscow State Institute of Foreign Affairs (University) of the MFA of Russia
REDINA Valeriya Vsevolodovna
competitor for a master’s degree of the Moscow State Institute of Foreign Affairs (University) of the MFA of Russia
THE RIGHT TO INFORMATION OF MEMBERS OF THE CORPORATION
This paper examines the right of members of a corporation to receive information. The author analyzes the main aspects of this right, including the procedure for providing information, the subjects who must provide information, and the types of information to which the right applies. Particular attention is paid to the issues of protecting the rights of the participants of the corporation to obtain information. A comparative analysis of the scope of the right to information as well as its possible limitations in the Russian Federation and the USA, Germany, France and the United Kingdom is made. It is concluded that the right to information on the activities of the company is an inherent right of any participant in the corporation, as it allows to protect the invested funds of the participants managed by other persons.
Keywords: the right to information, members of the corporation, how to provide information, types of information, protection of rights.
Bibliographic list of articles
1. Bychkov A. Regime of trade secrets in an organization // Legal directory of the manager. – 2021. – No. 6.
2. Gabov A.V., Gubin E.P., Karelina S.A. et al. Corporate law: textbook / Responsible. ed. I. S. Shitkina. – M.: Statute, 2019. – 540 p. // SPS ConsultantPlus.
3. Kuznetsov V. A., Stepanov D. I. The shareholder’s right to information // Law. – 2011. – No. 7.
4. Melnikova T.V. Some problems of legal regulation of the obligations of a joint-stock company to disclose information and provide information // Lawyer. – 2021. – No. 3.
5. Orlova O. E. Corporate law in anticipation of change: a collection of articles for the 20th anniversary of the Law on LLC [Electronic edition] / Rep. ed. A. A. Kuznetsov. – M-Logos, 2020.
6. Petrov V. Information rights of society participants. Looking for a balance of interests // EZh-Lawyer. – 2017. – No. 16.
7. Cherkashenko A. Shareholders’ rights to information and inspection as means of protecting minority shareholders: Germany, United Kingdom, France, and Kyrgyzstan. Central European University, 2011.
CRIMINAL LAW
ARTSKHAEV Denis Ruslanovich
magister student of the Rostov State University of Economics (RINE)
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)
ULEZKO Ivan Sergeevich
Ph.D. in Law, associate professor, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
FIND OR STEAL? (DISCUSSION OF THE PROBLEM)
In the article, the authors give a general criminal-legal characterization of crimes against property. The concept of property as an object of encroachment of crimes of Chapter 21 of the Criminal Code of the Russian Federation is revealed.
Also considered are the signs of Article 158 of the Criminal Code of the Russian Federation (Theft). Using the method of comparing features, the authors were subject to a legal analysis of the situation in which recommendations were given on the qualification of actions when a forgotten (dropped) thing was found in relation to person(s) who find this thing.< br /> The authors make recommendations on the need to amend the text of the criminal law, as well as the current decision of the Plenum of the Supreme Court on the category of criminal cases under consideration.
Keywords: property, possessions, find, abandonment of property, theft, assignment of found.
Bibliographic list of articles
1. Bokhan A. P., Asatryan K. A. Object of crime and consequences of crime // Economic, legal, sociological studies: questions of theory and practice: Materials of the XIII All-Russian scientific and practical conference. Ryazan, 2023.
2. Eliseev S. A. Crimes against property: a course of lectures. Tomsk, 2018.
3. On judicial practice in cases of theft, robbery and robbery: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29. Access from the ConsultantPlus legal reference system. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online (access date 11/20/2023)
4. Zubtsov A. A. Differentiation of norms on the discovery and secret theft of someone else’s property: problems of theory and practice // Criminal law. 2019. No. 3.
5. Cassation ruling of the Supreme Court of the Russian Federation No. 75-UD17-2 dated April 19, 2017. [Electronic resource]. – Access mode: http://www.vsrf.ru/stor_pdf.php?id=1540678 (access date 11/15/2023)
6. Sentence of August 7, 2022 in case No. 22-2144/2022/ of the Rostov Regional Court. Treatment mode. [Electronic resource]. – Access mode: https://sudact.ru (access date 11/20/2023)
7. Bokhan A. P., Stavilo S. P.. Theoretical foundations of the criminalization of socially dangerous acts and the decriminalization of acts that have lost their social danger // Science and education: economy and economics; entrepreneurship; law and management. 2022. No. 11 (150).
CRIMINAL LAW
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
CONFISCATION OF PROPERTY USED ON THE BASIS OF BRIBERY IN THE CONTEXT OF RESPECT FOR CONSTITUTIONAL RIGHTS AND LEGITIMATE HUMAN INTERESTS
This work analyzed the state of bribery in Russia. A description of the person who committed bribery was compiled. The legal grounds for confiscation of property (subject of bribe) were considered. Problematic situations have been identified that arise in practice when solving issues of confiscation of the subject of a bribe. The justification of the need to ensure constitutional guarantees in matters of protecting the rights and legitimate interests of a person when confiscating property from him is provided.
Keywords: right to private property, bribery, subject of bribes, confiscation of property, measures to counter corruption crimes.
Bibliographic list of articles
1. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.xn ––7sbqk8achja.xn--p1ai/stats/ug/t/12/s/8 (access date: 11/24/2023).
2. Judgment No. 1-318/2022 dated December 5, 2022 in case No. 1-318/2022. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ZYr8E3Q4hWxl. Case No. 1-318/2022 UID 26RS0035-01-2022-003118-73 (date of access: November 25, 2023).
3. According to the GIAC of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: www.mvd.ru (date of access: November 22, 2023).
4. Crime and delinquency (2017-2021): statistical collection / Ministry of Internal Affairs of the Russian Federation, Judicial Department of the Supreme Court of the Russian Federation, Department of Supervisory Activities and Preventive Work of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief. − Moscow: [Main Information and Analytical Center of the Ministry of Internal Affairs of the Russian Federation], 2022. − 178 p. Text: direct.
5. On judicial practice in cases of bribery and other corruption crimes: Resolutions of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2013 No. 24. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 11/23/2023).
6. On some issues related to the use of confiscation of property in criminal proceedings: Resolutions of the Plenum of the Supreme Court of the Russian Federation dated June 14, 2018 No. 17. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: November 25, 2023).
CRIMINAL LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Dagestan State University, Makhachkala
ON THE ISSUE OF THE THEORETICAL CONTENT OF CRIMINAL LIABILITY
The article is devoted to the study of the theoretical component of criminal liability as an important institution of Russian criminal law. The author analyzes existing approaches to determining the essence of criminal liability, based on the results of which he proposes their systematization. The importance of regulating the definition of criminal liability from a methodological point of view is revealed, since this eliminates the emerging theoretical and practical issues. Describing the prevailing point of view in the theory of criminal law regarding the essence of criminal liability, reduced to the obligations of the criminal in reporting to the state and suffering negative consequences, he highlights its features.
Keywords: criminal liability, criminal punishment, measure of state coercion, negative consequences, definition, persons capable of delinquency.
Bibliographic list of articles
1. Bavsun M.V., Nechipurenko A.A. Criminal legal influence – criminal liability – punishment: correlation of concepts // Criminal law. A common part. Punishment. Academic course. T. 1 Concept, goals of criminal punishment. Criminal punishment system. Book 1. The concept of criminal punishment / Ed. N. A. Lopashenko. – M.: Yurlitinform, 2020. – P. 368-402.
2. Blagov E.V. Punishment and other measures of a criminal legal nature: lectures. – M.: Yurlitinform, 2011. – 237 p.
3. Bratus S.N. Legal responsibility and legality. – M.: Legal literature, 1976. – 216 p.
4. Vedmid S.E. Problems of implementation of criminal liability: abstract. dis. …cand. legal Sci. Krasnoyarsk, 2004. – 17 p.
5. Dvoretsky M. Yu. Effective implementation of criminal liability as an optimal means of preventing crimes and crime: monograph. – Tambov: Tambov State University named after G. R. Derzhavin, 2009. – 668 pp.
6. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Gosyurizdat, 1961. – 381 p.
7. Kaplin M. N. Differentiation of criminal liability for crimes against life and health: abstract. dis. …cand. legal Sci. Ekaterinburg, 2003. – 21 p.
8. Karpov A.V. On the issue of the concept of “criminal liability” in Russian criminal law // Science time. – 2015. – No. 1. – P. 183-188.
9. Kelina S.G. Theoretical issues of release from criminal liability / Rep. ed. A. A. Piontkovsky. – M.: Nauka, 1974. – 232 p.
10. Korneev S. A. The essence and forms of implementation of criminal liability in accordance with the Russian criminal law // Bulletin of the Russian Legal Academy. – 2020. – No. 4. – P. 104.
11. Kurbanova A. S. Criminal legal relations and criminal liability: problems of correlation: abstract. dis. …cand. legal Sciences: 12.00.08. – Chelyabinsk, 2010. – 23 p.
12. Kurlyandsky V.I. Criminal liability and measures of public influence. – M.: Legal. lit., 1965. – 142 p.
13. Leist O. E. Sanctions in Soviet law. – M.: Gosyurizdat, 1962. – 238 p.
14. Motovilovker E. Ya. The concept of criminal liability: discovering the reality of the term in the context of the institution of exemption from criminal liability // Questions of fact and law in legal activity: a collection of scientific articles. – Yaroslavl, 2020. – pp. 180-192.
15. Retyunskikh I. S. Criminal liability and its implementation under Soviet legislation // Criminal liability: problems of content, establishment, implementation: interuniversity collection of scientific works. – Voronezh, 1989. – P. 112-118.
16. Samoshchenko I. S., Farukshin M. Kh. Responsibility under Soviet legislation. – M.: Legal. lit., 1971. – 240 pp.
17. Sereda I. M. On the issue of the relationship between the concepts of “criminal liability”, “criminal legal attitude”, “criminal prosecution” and “punishment” // “Crime, punishment, correction”: a collection of abstracts of speeches and reports of participants of the III International penitentiary forum: in 8 volumes – Ryazan, 2017. – T. 2. – P. 87-91.
18. Fedorovskaya L. A. Criminal liability: essence, moment of occurrence. Exemption from criminal liability // Law and order in modern society. – 2013. – No. 15. – P. 229-333.
19. Chuchaev A. I. Punishment in Russian criminal law: an anthology of ideas // Bulletin of the O. E. Kutafin University (MSAL). – 2015. – No. 7. – P. 51-78.
20. Sheveleva S.V., Drobysheva O.S. Criminal liability as a criminal legal relationship // News of the South-Western State University. – 2012. – No. 5-1. – pp. 124-127.
CRIMINAL LAW
LASHCHENKO Roman Alexandrovich
senior lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the FPS of Russia
FAKOV Azamat Mukhazhidovich
associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
MIKHAYLOV Alexander Nikolaevich
senior lecturer of Operational investigative activities sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE NEGATIVE CONSEQUENCES OF THE GLOBALIZATION OF THE WORLD ECONOMY ASSOCIATED WITH THE INTENSIFICATION OF THE PROCESSES OF LAUNDERING CRIMINAL PROCEEDS
The article is devoted to the study of the consequences of globalization of the world economy and the related processes of money laundering and terrorist financing (AML and CFT). Considering the digital development of economic systems and mechanisms for countering the legalization (laundering) of funds or other property acquired by criminal means, the authors focus on the problems of financial monitoring and emphasize that the improvement and interaction between the elements of this system will ensure effective countering money laundering.
Keywords: AML and CFT regime, legalization (laundering) of funds or other property acquired by criminal means, globalization of the economy, financial monitoring, compliance, FATF.
Bibliographic list of articles:
1. Prasolov V.I., Feshina S.S. The influence of digital transformation on the processes of identifying the laundering of proceeds from crime // Economics: yesterday, today, tomorrow. – 2020. – Volume 10. – No. 8A. – pp. 130-145
2. Proshunin M. M. On the issue of the concept of laundering criminal proceedsov // Bulletin of RUDN University. Series: Legal sciences. – 2008. – No. 3.
3. Shuvaeva M. S., Makarenko M. M. Combating the outflow of capital and laundering of criminal proceeds // International Journal of Humanitarian and Construction Sciences. – 2021. – No. 6-2.
4. Denisov A. B. Legalization (laundering) of criminal proceeds as one of the sources of financing terrorist activities // Collection of articles of the international scientific and practical conference “Problems of interaction between science and society”. – Tambov, 2018. – pp. 147-151.
5. Sharaev P. S. Countering money laundering (legalization) in the context of digital transformation (financial and legal aspect) // Legal Bulletin of Samara University. – 2022. – No. 3.
6. Evstratova T. A., Kabanova E. E., Vetrova E. A. Activities of Rosfinmonitoring to monitor supervised organizations regarding transactions with funds // Humanitarian, socio-economic and social sciences. – 2021.
7. Lyapin A. E., Mustafina S. Yu. Financial monitoring as a means of combating crimes against property and undermining the finances of organizations // Bulletin of Economic Security. – 2020. – No. 4.
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
PLEVAKO Darya Andreevna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
PUNISHMENTS FOR MOTHERS WHO MURDER NEWBORN CHILDREN
This article discusses a very controversial issue about the punishment of mothers who have committed the murder of a newborn child. We have considered the criteria by which a crime can be considered as privileged and the application of punishment with mitigating circumstances. Controversial issues have also been identified in the application of punishment for murderous mothers. Legislative changes regarding punishment, which in the future may help to avoid the commission of this crime, are proposed
Keywords: newborn, mother-murderer, privileged composition, mitigating circumstances, Criminal Code, murder, infant, minor suspect, subject of crime, punishment, responsibility.
Bibliographic list of articles
1. Vysotina Y. A. Privileged composition: the murder of a newborn child by a mother // Fundamental and applied approaches to solving scientific problems: Collection of articles based on the materials of the international scientific and practical conference, Ufa, December 12, 2019. – Ufa: Limited Liability Company “Scientific Publishing Center “Bulletin of Science”, 2019. – P. 185-188.
2. Zakharova S. S., Kirkhlyarova (Zubailova) G. Problems of qualification and application of punishment for the murder of a newborn child by a mother under the legislation of the Russian Federation // Economics, management, law: current issues and vectors of development: collection of articles of the II international scientific and practical conference , Petrozavodsk, February 02, 2020. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya Irina Igorevna), 2020. – P. 61-70.
3. Kunz E. V. On the issue of responsibility for the murder of a newborn child by a mother in the context of criminal law policy // Criminal policy and law enforcement practice: Collection of materials of the VIIth International Scientific and Practical Conference, St. Petersburg, November 01-02, 2019 of the year. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2019. – P. 230-234.
4. Maksimova K. L., Efimova D. A., Zhabrova A. A. problems of qualification of murder by a mother of a newborn child // Humanitarian, socio-economic and social sciences. – 2023. – No. 5. – P. 124-126.
CRIMINAL LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
AYUBOVA Shuayanat Israpilovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
KARIMULAEVA Elmira Magomedovna
Ph.D. in pedagogical sciences, associate professor of the Dagestan State Pedagogical University
PROBLEMS OF PREVENTION OF SHOOTING IN EDUCATIONAL INSTITUTIONS
The main methodological approaches to the analysis of school shootings are described, theories offering a systematic understanding of this phenomenon are presented, the stages of social and personal predictors of school shootings are determined. Attempts have been made to combine various scientific approaches to threat diagnosis and prevention of mass incidents in schools. The article analyzes the causes and features of attacks in schools on students and teachers of educational institutions in Russia. The main factors that play a role in the preparation of attacks and the implementation of the attacking actions themselves are given.
Keywords: school shooting, violence at school; mass murder, security, education.
Bibliographic list of articles
1. Vyborny A. The massacre in Perm proved that safety standards for schools must be implemented throughout Russia: interview // Parliament. gas: electronic period. ed. – [Electronic resource]. – Access mode: https:// www.pnp.ru/social/anatoliy-vybornyy-reznya-v-permi-doka.
2. At a school in Dagestan, a teenager stabbed a classmate, and other children attacked a journalist. We’ll tell you what we know about it. – [Electronic resource]. – Access mode: https://www.yuga.ru/news/460103-v-shkole-v-dagestane-podrostok-zarezal-odnoklassnika-a-drugie-deti-napali-na-zhurnalista-rasskazyvaem-chto-ob- etom-izvestno/.
CRIMINAL LAW
MARAKULIN Denis Anatoljevich
Deputy Head of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAB Oksana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
CRIME PREVENTION IN THE FIELD OF PROTECTION OF CULTURAL HERITAGE SITES
One of the priorities of the state and society is the protection of historical and cultural monuments, which are of unique value to the entire multinational people of the Russian Federation and are an integral part of the world cultural heritage. The authors aim to study crime and related background phenomena in the field of protection of cultural heritage sites, and, accordingly, to develop measures for their prevention. The article deals primarily with the issues of special and individual crime prevention in the field of protection of cultural heritage sites.
Keywords: crime, offense, crime in the field of protection of cultural heritage objects, criminal liability, crime prevention, archaeological object, archaeological heritage objects, cultural heritage objects.
Bibliographic list of articles
1. Batrshin R. Yu. Administrative responsibility for offenses in the field of protection of cultural heritage objects // Russian justice. – 2016. – No. 8 (124). – pp. 12-17.
2. Bolotova E. D. Criminal liability for encroachment on objects of cultural heritage taken under state protection: specialty 12.00.08 “Criminal law and criminology; criminal-executive law”: dissertation for the degree of candidate of legal sciences, 2022. – 209 pp.
3. Kazakov A. A., Pavlyuchenko A. M. Problems of law enforcement practice in the field of protection of cultural and historical heritage // Bulletin of the Barnaul Legal Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (33). – pp. 48-50.
4. Marakulin D. A. Criminology of crime in the sphere of protection of cultural heritage objects // Bulletin of the Barnaul Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (43). – pp. 118-120.
5. Marakulin D. A. State and dynamics of crime in the field of protection of cultural heritage sites in the Russian Federation (2017-2021) // Current problems in the fight against crimes and other offenses. – 2023. – No. 23-2. – pp. 41-43.
6. Khalikov I. A. Current issues of qualification of crimes in relation to archaeological monuments and archaeological objects (Article 2432 of the Criminal Code of the Russian Federation) // Criminal Law. – 2019. – No. 3. – P. 81-84.
CRIMINAL LAW
AVERINSKAYA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
RADCHENKO Elizaveta Ivanovna
magister student of the 1st course of the Institute of Law of the Irkutsk State University
ZAGAINOV Vladimir Vladimirovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ON THE ISSUE OF THE CONTENT OF THE SUBJECTIVE SIDE OF DRIVING TO SUICIDE
The presented scientific article examines various approaches to the content of the subjective side of driving to suicide. The authors highlight the criminological aspects of incitement to suicide, analyze various doctrinal approaches to the content of possible forms and types of guilt inherent in incitement to suicide, citing examples of forensic investigative practice, and analyze the criminal legislation of foreign countries.
Keywords: incitement to suicide, subjective side of the crime, form of guilt.
Bibliographic list of articles
1. Antipova A. V. Criminal liability for driving minors to suicide: foreign experience // International public and private law. 2020. No. 1. P. 29-35.
2. Khatuev V.B. Criminal liability for incitement to suicide or attempted suicide under the legislation of foreign countries // Journal of Foreign Legislation and Comparative Law. 2021. No. 3. P. 50-69.
3. Malinin V. B., Pobegailo E. F. Encyclopedia of criminal law: Crimes against life and health. – T. 13 / Rep. V. B. Malinin. St. Petersburg: Publishing House of Professor V.B. Malinin, 2013. 953 pp.
4. Borzenkov G. N. Qualification of crimes against life and health: educational and practical work. allowance. M., 2020. P. 101.
CRIMINAL LAW
ROZHNOV Alexey Petrovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Volgograd State University
GENERAL BEGINNINGS AND PRINCIPLES OF SENTENCING: PROBLEMS OF CORRELATION
The article is devoted to the clarification of the essence of normative prescriptions re-flecting in the current Criminal Code the general beginnings of imposition of criminal punishment. Based on the analysis of the content of Article 60 of the Criminal Code of the Russian Federation, the author expresses his disagreement with the understanding of general beginnings as institutional principles of criminal law. The conclusion is formulated that the general beginnings directly affect the process of imposing punishment, while the principles only set a certain direction of behavior of participants in legal relations or influence the determination of the content of a certain group of norms in the process of rule- making.
Keywords: differentiation and individualization of responsibility, general beginnings of sentencing, principles of law, justice, criminal law coercion.
Bibliographic list of articles
1. Arendarenko A.V. General legal principle of social justice and its implementation in modern criminal law of Russia (theoretical and legal aspects): Author’s abstract. dis. … doc. legal Sci. – M., 2009. – 46 p.
2. Blagov E. V. Assignment of punishment (theory and practice). – Yaroslavl: YarSU Publishing House, 2002. – 187 p.
3. Vasilyeva Ya. Yu. Concept and characteristics of the general principles of sentencing under Russian criminal legislation // Humanitarian, socio-economic and social sciences. – 2017. – No. 8-9. – P.149-155.
4. Voplenko N. N. Rules of law: Lecture for students of the Faculty of Law. – Volgograd: VolSU Publishing House, 1997. – 32 p.
5. Voplenko N. N. Essays on the general theory of law. – Volgograd: VolSU Publishing House, 2009. – 896 p.
6. Voplenko N. N. Freedom and justice: patterns of their interaction // Bulletin of Volgograd State University. Series 5. Jurisprudence. – 2012. – No. 1 (16). – P.7-12.
7. Voplenko N.N. Essence, principles and functions of law: Textbook. – Volgograd: VolSU Publishing House, 1998. – 53 p.
8. Dudar N. N. General principles of sentencing: Author’s abstract. diss. …cand. legal Sci. – M., 2004. – 23 p.
9. Dyadkin D.S. Theoretical foundations of assigning criminal punishment: an algorithmic approach. – St. Petersburg: Publishing house of R. Aslanov “Legal Center Press”, 2006. – 508 pp.
10. Kruglikov L. L. General principles of sentencing (Chapter II) // Encyclopedia of criminal law. T. 9. Assignment of punishment. – Publication by Professor Malinin. – St. Petersburg. GKA, St. Petersburg, 2008. – P.159-293.
11. Kruglikov L. L., Vasilievsky A. V. Differentiation of responsibility in criminal law. – St. Petersburg: Publishing house “Legal Center Press”, 2002. – 300 pp.
12. Lyadov E.V. On the question of the general principles of sentencing // Scientific notes of the Oryol State University. – 2015. – No. 1 (64). – pp. 253-256.
13. Malinin V. B., Izmalkov V. A. General principles and criteria for assigning criminal punishment // Bulletin of the St. Petersburg Legal Academy. – 2011. – No. 4 (13). – pp. 81-84.
14. Naumov A.V. Russian criminal law. A common part. Lecture course. – M.: Publishing house BEK, 1996. – 560 p.
15. Pokhmelkin V.V. Achieving justice in imposing punishment under Soviet criminal law: Author’s abstract. dis. …cand. legal Sci. – M., 1985. – 24 p.
16. Pudovochkin Yu. E., Pirvagidov S. S. Concept, principles and sources of criminal law: comparative legal analysis of the legislation of Russia and the countries of the Commonwealth of Independent States. – St. Petersburg: Publishing house “Legal Center Press”, 2003. – 297 pp.
17. Rarog A. I. Assignment of punishment (Chapter 7) // In the book: Esakov G. A., Rarog A. I., Chuchaev A. I. Handbook for a judge in criminal cases / Rep. ed. A. I. Rarog. – M.: TK Welby, Prospekt Publishing House, 2010. – P. 100-122.
18. Tatarnikov V. G. The concept of general principles of sentencing and their content // Problems of improving the fight against crime: Collection of articles. – Irkutsk: Irkut Publishing House. University, 1985. – P. 38-52.
19. Tatarnikov V. G. The principle of justice and its reflection in the general principles of sentencing // Verb of justice. – 2018. – No. 4 (18). – pp. 31-36.
20. Shkredova E. Principles of sentencing as one of the criteria for its fairness // Criminal law. – 2016. – No. 2. – P. 102-108.
CRIMINAL LAW
SNEGOVOY Maxim Andreevich
Deputy Director for Long-term Planning of the branch of JSC “UK EFKO”, Alexeevka
ON THE QUESTION OF THE SIGNS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 280.3 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The establishment of criminal liability for committing public actions aimed at discrediting the use of the Armed Forces of the Russian Federation and the execution of state bodies, formations, organizations or persons specified in Article 280.3 of the Criminal Code of the Russian Federation to assist in the performance of tasks assigned to the Armed Forces of the Russian Federation is a natural reaction of the state to an increasingly widespread social ailment. The proper understanding by the law enforcement officer of the signs of this corpus delicti, their uniform interpretation in accordance with the will of the legislator ensure the uniformity of judicial and investigative practice and, ultimately, the practical implementation of the criminal policy of the modern Russian state.
Keywords: objective side, discrediting, volunteer formations, deliberately false information, destabilization of public security.
Bibliographic list of articles
1. Muradyan S.V. Issues of application of Article 280.3 of the Criminal Code of the Russian Federation on discrediting the use of the Armed Forces of the Russian Federation or the execution by state bodies of their powers // Criminological Journal. – 2023. – No. 1. – P. 87-94.
2. Malyshev K. S. Features of the distinction between articles 207.3 and 280.3 of the Criminal Code of the Russian Federation // Bulletin of the Ural Legal Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 3. – P. 169-172.
3. Efremova T. F. New dictionary of the Russian language. Explanatory and word-formative. – M.: Russian language, 2020. [Electronic resource]. – Access mode: https://www.efremova.info/letter/+pu.html?page=2 (date of access: 06.14.2023).
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
LOBOV Nikita Vladimirovich
student of the 3rd course in the field of Jurisprudence of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
KHAMAIKO Evgeniy Sergeevich
student of the 3rd course in the field of Jurisprudence of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
LEGAL RESPONSIBILITY OF THE MINISTRY OF EMERGENCY SITUATIONS EMPLOYEES
This article discusses a very controversial issue about the legal responsibility of emergency workers. The article analyzes the types of responsibility of employees of the Ministry of Emergency Situations, which are applied for a misdemeanor, offense or crime. We also identified conflicts in determining civil liability, namely, in identifying the features of compensation for moral damage. We have proposed improvements in legislation that will help regulate the activities of emergency workers.
Keywords: EMERCOM employee, legal liability, material liability, criminal liability, EMERCOM of Russia, compensation for moral damage.
Bibliographic list of articles
1. Vaneeva T. B., Shmurygina O. V. Professional values and responsibility of employees as an indicator of effective management in the system of the Ministry of Emergency Situations // Business. Education. Right. – 2022. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=49341719 (date of access: 10/25/2023)
2. Zavadskaya Yu. E. Responsibility of officials of state fire supervision authorities for negligence // Scientific and educational potential of youth in solving pressing problems of the 21st century: Collection of the IX international student scientific conference, Achisnk, April 23, 2021. Volume 9. – Achinsk: Achinsk branch of Krasnoyarsk State Agrarian University, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46431266 (date of access: 10/25/2023)
3. Nikolaev M.V., Prosin M.V., Stabrovskaya E.I. [et al.] Responsibility of employees of the Ministry of Emergency Situations // Food innovations and biotechnologies: Collection of abstracts of the IX International scientific conference of students, graduate students and young scientists within the framework of the III international Symposium “Innovations in Food Biotechnology”, Kemerovo, May 17-19, 2021 / Under the general editorship of A. Yu. Prosekov. Volume 2. – Kemerovo: Kemerovo State University, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46634376 (date of access: 10/25/2023)
4. Savinkov S. N., Pisarevsky K. L., Egorov N. V. Methods of psychological support for the formation of responsibility among students – beginning specialists of the Ministry of Emergency Situations of Russia // Current problems of modern Russia: psychology, pedagogy, economics, management and law: collection of scientific Works, Moscow, November 21-26, 2022. – Moscow: Moscow Psychological and Social University, 2022. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=50102688 (date of access: 10/25/2023)
5. Stupina S. A. Some issues of civil liability of employees of the state fire service of the Ministry of Emergency Situations of Russia // Current problems in the fight against crime: questions of theory and practice: Materials of the XXV international scientific and practical conference. In 2 parts, Krasnoyarsk, April 07-08, 2022. Volume Part 1. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=48237107 (date of access: 10/25/2023)
6. Sysoev A. A. Legal regulation of liability for harm caused by employees of the Ministry of Emergency Situations in natural and man-made emergencies // Civil defense on guard of peace and security: Materials of the V International scientific and practical conference dedicated to the World Civil Defense Day. In 4 parts, Moscow, March 01, 2021. Volume Part III. – Moscow: Academy of the State Fire Service of the Ministry of Emergency Situations of Russia, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=44865341 (date of access: 10.25.2023)
CRIMINAL LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service
MEDVEDEVA Inna Nikolaevna
researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
ABOUT SOME FEATURES OF CRIMINAL PROCEEDINGS IN GEORGIA
At the beginning of the 2000s, active work was carried out in Georgia to supplement and amend legislation, including criminal, criminal procedural and criminal executive legislation. Particular attention was paid to legal norms aimed at combating organized crime and racketeering. Georgia has become a pioneer in the post-Soviet space in adopting fairly effective laws in this area. A number of advanced provisions of Georgian legislation have been implementeded into the legislation of many countries, including the criminal legislation of the Russian Federation. This article presents statistical data on the state of crime in Georgia, as well as a number of provisions of criminal and criminal procedural legislation.
Keywords: Georgia, criminal proceedings, detention, accused, grief.
Bibliographic list of articles
1. Kozlovskaya M.G. Experience in combating organized crime in Georgia // Bulletin of Omsk University. Series “Law”. ‒ 2018. ‒ No. 2 (55). ‒ pp. 175-179.
2. Geostat official website. Criminal Justice Statistics. 2023. [Electronic resource]. – Access mode: https://www.geostat.ge/en/modules/categories/132/criminal-justice-statistics (access date: 11/08/2023).
3. Calculations were made using the “Growth Rate” software tool. [Electronic resource]. – Access mode: https://ciox.ru/growth-rate (date of access: 08.11.2023).
CRIMINAL LAW
CHEREMNOVA Natalya Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Omsk Academy of the MIA of Russia
GORBATSEVICH Olga Anatoljevna
lecturer of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
LYUKOVETS Vladimir Petrovich
lecturer of the Cycle of Cynology at the Ufa School for the Training of Cynologists of the MIA of Russia, major of police
ZIMIN Nikita Vladimirovich
senior specialist of the Professional training group of the MIA of Russia in Nefteyugansk, senior lieutenant of police
QUALIFICATION OF A CRIME IN THE CASE OF AN EXCESS OF THE PERPETRATOR
This article discusses the key characteristics that must be taken into account for proper qualification in case of excess of the performer. The authors emphasize the importance of distinguishing quantitative and qualitative excess, which is based on the homogeneity and heterogeneity of the criminal act being committed. At the same time, the authors consider the possibility of committing an excess by both one and several participants in the crime. Special attention is paid by the authors to the issues of qualification of excess in complex complexity with the distribution of roles. Authors conclude that in order to properly qualify what they have done, it is necessary to ensure a uniform interpretation and application of the norms of the articles of the General Part of the Criminal Code of the Russian Federation on complexity, which is possible by improving and supplementing the norms under consideration.
Keywords: excess of the perpetrator, complicity in the crime, complex complicity, quantitative excess, qualitative excess, crime, qualification of the crime.
Bibliographic list of articles
1. Gyulbankyan A. A. Complex issues of qualification of excess of the perpetrator of a crime // Asia-Pacific region: economics, politics, law. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/slozhnye-voprosy-kvalifikatsii-ekstsessa-ispolnitelya-prestupleniya.
2. Davydenko V. S. Excess of the performer in criminal law // Domestic jurisprudence. – 2018. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekstsess-ispolnitelya-v-ugolovnom-prave.
3. Klenova T.V., Mnatsakanyan D.L. Current problems of understanding the excess of an accomplice // Legal Bulletin of Samara University. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-ponimaniya-ekstsessa-souchastnika.
4. Neshataev V.N., Maksimov A.S. Quantitative and qualitative types of excesses of the perpetrator of a crime // State service and personnel. – 2020. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kolichestvenny-y-i-kachestvennyy-vidy-ekstsessa-ispolnitelya-prestupleniya.
5. Chernenko T. G. Problematic issues of qualification of actions of accomplices in case of excess of the performer // Vestn. Volume. state un-ta. Right. – 2022. – No. 44. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemnye-voprosy-kvalifikatsii-deystviy-souchastnikov-pri-ekstsesse-ispolnitelya.
6. Shatov S. A. Qualification of excess of the performer. Theory and practice // Law and law. – 2018. – No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvalifikatsiya-ekstsessa-ispolnitelya-teoriya-i-praktika.
CRIMINAL LAW
CHOCHUEVA Zulfiya Azretalievna
Ph.D. in Law, associate professor, head of Criminal law and process sub-faculty of the North Caucasus State Academy
THE INFLUENCE OF EXCEPTIONAL CIRCUMSTANCES ON THE PRACTICE OF MITIGATION OF PUNISHMENT
The humanization of Russian criminal legislation, as demonstrated by the realities of modern politics, is an integral and important part of the life and development of the state. The mitigating nature of the law is manifested in legal norms that establish special rules providing for a reduction or relaxation of punishment, depending on various circumstances and grounds. In this article, the author examines the rules of mitigation of punishment, what grounds and circumstances are applicable in such cases, which way the theory and practice of applying punishment follows.
Keywords: punishment, rules, set of norms, circumstances, institution of criminal law, differentiation.
Bibliographic list of articles
1. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 40 of June 11, 1999 “On the practice of applying criminal punishment by courts” // Bulletin of the Supreme Court of the Russian Federation. 1999. No. 8.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of 01/11/2007 “On the practice of imposing criminal punishment by the courts of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. 2007. No. 4.
3. Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58 “On the practice of imposing criminal punishment by the courts of the Russian Federation” // Rossiyskaya Gazeta. 2015. December 29
4. Artemenko N., Shimbareva N. Supreme Court on the rules of mitigation of criminal punishment // Criminal law. 2016. No. 5. P. 12.
5. Zubkova V.I. Criminal punishment and its social role: theory and practice. M.: NORM, 2002. P. 268.
6. Koroleva Z. I. Exceptional circumstances as a basis for imposing a more lenient punishment than provided for a given crime: concept, essence and their types // Scientific notes of the Kazan State University. Humanitarian sciences. 2008. Volume 150. Book. 5. pp. 201-206.
7. Kukovyakin A. E. Exceptional circumstances as a basis for mitigation of punishment: dis. …cand. legal Sci. Omsk, 2018. pp. 117-118.
8. Stanovsky M. N. Assignment of punishment. St. Petersburg: Legal Center Press, 1999. P. 278.
9. Stepashin V. M. Assignment of punishment under exceptional circumstances // Bulletin of Omsk University. Series “Law”. 2007. No. 3 (12). P. 140.
CRIMINAL LAW
YAKUBOVA Olga Petrovna
inspector on special assignments of the Department for the Organization of Public Order Protection and Interaction with Executive Authorities of the Subjects of the Russian Federation and Local Self-government bodies of the Ministry of Internal Affairs of the Republic of Crimea, Criminalistics sub-faculty of the Krasnodar University of MIA of Russia
PROBLEMS OF DETECTING AND INVESTIGATING OF FRAUD IN THE FIELD OF REAL ESTATE CIRCULATION: ANALYSIS OF THE RESULTS OF A SURVEY OF LAW ENFORCEMENT OFFICIALS
The article presents an analysis of the results of a survey of law enforcement officials of the Republic of Crimea and the city of Sevastopol on the investigation of fraud committed in the sphere of real estate circulation. This analysis is based on official criminal statistics, a study of the specifics of criminal activity for the illegal appropriation of other people’s property and its redistribution by criminal communities in the Crimean region of the Russian Federation.
Keywords: fraud, fraud in the field of real estate circulation, methods of committing fraud, interaction, questioning of law enforcement.
Bibliographic list of articles
1. Federal constitutional law of March 21, 2014 No. 6-FKZ “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation – the Republic of Crimea and the federal city of Sevastopol.” [Electronic resource]. – Access mode: https://base.garant.ru/70618342/ (date of access: 01/16/2023).
2. Extended meeting of the board of the Ministry of Internal Affairs of Russia. Speech by the President of the Russian Federation V.V. Putin dated March 20, 2022 [Electronic resource]. – Access mode: http://kremlin.ru/events/president/transcripts/70744 (access date: 11/17/2023).
3. Statistics and analytics // Official website of the Ministry of Internal Affairs of the Russian Federation. 2019-2020. [Electronic resource]. – Access mode: https://mvd.rf/folder/101762 (access date: 02/10/2023).
CRIMINAL LAW
SIPYAGIN Nikolay Alexandrovich
magister student of the 2nd course of the Institute of Public Law and Management of the O. E. Kutafin Moscow State Law University (MSAL)
ON SOME PROBLEMATIC ASPECTS RELATED TO THE DEFINITION OF THESIGNS OF THE SUBJECTIVE SIDE IN THE CONTEXT OF CRIMES UNDER ART. 228 AND 2281 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article is devoted to the consideration of controversial issues related to the definition of the signs of the subjective side, on the example of crimes under Art. 228 and 2281 of the Criminal Code of the Russian Federation. The main objective of the article is to highlight the existing views on the problem of the mental content of crimes and to formulate proposals to overcome the existing contradictions between the general provisions of criminal law and the practice of its application.
The author paid attention to the crimes under Articles 228 and 2281 of the Criminal Code of the Russian Federation for several reasons: first – both crimes are formal, and therefore it is worth to dwell separately on the issues of the possibility of other types of intent in them, in addition to direct intent; second – crimes in the field of illicit drug trafficking are among the most widespread, and the lion’s share of all committed violations of this category falls on Articles 228 and 2281 of the Criminal Code of the RF; the third reason is connected with discrepancies between judicial practice and the system of rules developed by science for qualification of crimes on the signs of the subjective side, which arose as a result of the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances.”
Keywords: subjective imputation, guilt, motive, purpose, intent, indirect intent, sale, acquisition of narcotic drugs
Bibliographic list of articles
1. Volkov B. S. The problem of will and criminal liability. P. 27.
2. Dubovichenko S.V. Intentional form of guilt in criminal law: Monograph. Moscow: Prospekt, 2021.
3. Dubovichenko S.V. Definite and indefinite intent: division criteria and qualification rules // Bulletin of the Volga University named after. V. N. Tatishcheva. 2009. No. 70. pp. 113-116. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/opredelennyy-i-neopredelennyy-umysel-kriterii-deleniya-i-pravila-kvalifikatsii
4. Dagel P. S., Kotov D. P. Subjective side of the crime and its establishment. Scientific ed.: Gorsky G.F. Voronezh: Voronezh Publishing House. University, 1974. pp. 40-41.
5. Kovalenko T. S. The principle of subjective imputation and problems of its implementation in crimes with two forms of guilt. dis. …cand. legal Sci. Vladivostok, 2016. P. 15
6. Kuznetsova N.F. Selected works. Moscow: Legal. Center Press, 2003. pp. 47-67
7. Lopashenko N. A., Golikova A. V., Kobzeva E. V., Kovlagina D. A., Lapunin M. M., Khutov K. M. Public danger of crime: concept and verification criteria. Saratov State Law Academy, Saratov. Law Enforcement 2020. Vol. 4. No. 4. pp. 124-140
8. Pankov I.V. Theoretical aspects of intentional guilt under Russian criminal law // News of the Russian State Pedagogical University named after. A. I. Herzen. 2008. No. 65. P. 258 @@ S. V. Dubovichenko. Intentional form of guilt in criminal law. Monograph. M.: Prospekt. 2021. P. 11.
9. Piontkovsky A. A. The doctrine of crime in Soviet criminal law: a course of Soviet criminal law. A common part. M.: Gosizdat, 1952. P. 230.
10. Rarog A.I. Problems of qualification of crimes based on subjective criteria: Monograph. M.: Prospekt, 2016.
11. Rarog A.I. Subjective side and qualification of crimes. M.: Vocational education, 2001. P. 11.
12. Tarkhanov I. A., Gaifutdinov R. R. Subjective side of crime and reflection of its signs in criminal legislation // Scientific notes of Kazan University. Humanities Series. 2020. T. 162. Book. 2. pp. 161-176.
13. Criminal law of the Russian Federation. General part / ed. A. I. Martseva. Omsk, 2006. P. 130;
14. Criminal law of Russia. General part / Ed. N. M. Kropacheva, B. V. Volzhenkina, V. V. Orekhova. St. Petersburg, 2006. P. 460.
15. Criminal law of Russia. General part / Ed. F. R. Sundurova and I. A. Tarkhanova. M., 2009. P. 288; Russian criminal law. General part / Ed. V. P. Konyakhin and M. L. Prokhorova. M., 2014. P. 213.
16. Shiryaev A.Yu. On the possibility of indirect intent in crimes with a formal composition // Russian Legal Journal. 2016. No. 5 (110). pp. 150-155.
17. Russian criminal law. General part / Ed. V. P. Konyakhin and M. L. Prokhorova. M., 2014. P. 213.
CRIMINAL LAW
ZAKHAROV Ashur Richardovich
postgraduate student of the South-Russian Institute of Management – branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federationderation; secretary of the court session, Rostov-on-Don garrison military court
ON SOME CONTROVERSIAL ASPECTS OF THE QUALIFICATION OF CRIMINAL ACTS UNDER ART. 222 OF THE CRIMINAL CODE
At the current stage of the development of Russian society, law enforcement agencies are increasingly raising the issue of an increase in illegal arms trafficking. In this regard, this article analyzed the points of view of authors from the scientific community and the practice of applying Part 1 of Art. 222 of the Criminal Code. A number of points problematic arose during the qualification of a criminal act for the storage, carrying and transportation of weapons, author’s options for the qualification of the deed were proposed.
Keywords: firearms, its main parts, ammunition, illegal arms trafficking, problems of qualification, storage, carrying, transportation.
Bibliographic list of articles
1. Robak V.A. Selected issues of qualification of a crime under Art. 222 of the Criminal Code of the Russian Federation // Scientific notes of the Crimean Federal University named after V.I. Vernadsky Legal sciences. – 2021. – T. 7 (73). – No. 2. – P. 313-319.
2. What is property rights // SPS ConsultantPlus. 2023.
3. Denisov D. M. Problems of qualification of crimes in the field of illegal trafficking of weapons, ammunition and explosives // Collection of scientific papers of the All-Russian scientific and practical conference “Formation and development of the legal profession: the legacy of generations (dedicated to the memory of front-line lawyers).” – Tambov, 2021. – P. 237.
CRIMINAL LAW
KURLYSHEV Andrey Olegovich
magister student of the 2nd course of the Far-Eastern Federal University, Vladivostok
IS ACADEMIC DISHONESTY OF STUDENTS A FACTOR THAT PROMOTES CORRUPTION?
This article analyzes the answer to the question posed in the title of the topic. A study is conducted of the very concept of “academic dishonesty”, its consequences in the form of deterioration of the educational system, moral and business qualities of students as future specialists. The article also provides measures that could counter this phenomenon.
Additionally, the article provides sample questions for surveying students about academic dishonesty. The questions are analyzed, how to ask and formulate them correctly, since incorrect presentation of the question or its incorrect formulation can lead to distortion of the results or to refusal of interviewing.
Keywords: academic dishonesty, corruption, students, questionnaires, interviews.
Bibliographic list of articles
1. HSE Student Code of Academic Ethics. [Electronic resource]. – Access mode: https://www.hse.ru/mirror/pubs/share/189834921?ysclid=lppisqxsfs353575731.
2. Makarova M. N., Vakhrushev R. V. Corruption in higher education and academic ethics // Higher education in Russia. – 2014. – No. 12. – P. 56.
CRIMINAL LAW
PLATITSYNA Lyubov Andreevna
student of the 5th course of the Specialization in “Judicial and Prosecutorial Activities” of the Institute of the Prosecution of the O. E. Kutafin Moscow State Law University (MSLA)
THE PROBLEM OF DECRIMINALIZATION OF THE CRIME STIPULATED BY ARTICLE 146 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: THEORETICAL AND LEGAL ASPECT
The article addresses the issue of decriminalizing the crime provided for by Article 146 of the Criminal Code of the Russian Federation. It concludes that it is necessary to follow the path of humanizing of criminal legislation in the absence of clear criteria for its establishment for the considered composition in recent years, as well as taking into account the opinions of law enforcement practitioners.
Keywords: humanization, decriminalization, intellectual property, copyright, crime.
Bibliographic list of articles
1. Bliznets I. A., Vitko V. S. Character as an object of copyright protection in Russian legislation. –M.: LAWYER, 2022. – 144 p.
2. Vitko V. S. The concept of plagiarism as a negative social and legal phenomenon // Intellectual property. Copyright and related rights. – 2023. – No. 4. – P. 71-79.
3. Makagonova N.V. Current problems in the field of criminal liability for copyright infringement // Intellectual property. Copyright and related rights. – 2022. – No. 7. – P. 71-76.
4. Nechaev A.D. Typology of (de)criminalization (review of domestic lawmaking) // Russian justice. – 2017. – No. 2. – P. 59-62.
5. Tilling E. M. Cloning business solutions. How to protect against leakage of ideas and stop them from being illegaluse // Intellectual property. Copyright and related rights. – 2022. – No. 1. – P. 57-61.
6. Shestak V.A. Current problems of ensuring criminal legal protection of copyright // Lawyer’s practice. – 2019. – No. 3. – P. 44-49.
7. Wenjing Wang. Criminal law-based copyright protection with entrepreneurial spirit // Front. Psychol. – 2022. – Vol. 13.Sec. Organizational Psychology https://doi.org/10.3389/fpsyg.2022.944122 (accessed November 14, 2023).
8. Miriam Marcowitz-Bitton. Orit Fischman Afori. Hillel Billauer. GEORGE MASON LAW REVIEW. The Future of Criminal Enforcement of Copyright: The Promise of Civil Enforcement, 2023. – 463 p.
CRIMINAL PROCEDURE
ABDURAGIMOV Zamir Mikailovich
magister student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE ROLE OF A LAWYER IN CRIMINAL PROCEEDINGS
The article provides an analysis of the role of a lawyer in criminal proceedings in Russia. The subject of the study was the norms of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, as well as the Federal Law “On Advocacy and Advocacy in the Russian Federation”. As a result of the research conducted, the authors conclude that such a tool for providing legal assistance as a lawyer’s request cannot be fully used by a lawyer in protecting the interests of clients, since the current legislation establishes a number of restrictions on certain information, referring them to confidential information.
Keywords: lawyer, defender, criminal proceedings, protection of rights and legitimate interests, preliminary investigation, judicial proceedings.
Bibliographic list of articles
1. Strogovich M. S. Course of Soviet criminal procedure [Text]. – M.: Publishing house “Nauka”, 1968. – 468 p.
2. Ivanov D. S. Lawyer as a subject of proof in criminal proceedings in Russia // Questions of Russian justice. – 2021. – No. 11. – P. 408-419.
3. Makashova T. P. Functions of a lawyer-representative in criminal proceedings: types and features // Legal order: history, theory, practice. – 2021. – No. 2. – P. 116-121.
4. Makarov S. Yu. Problems of sending a lawyer’s request // Electronic resource. [Electronic resource]. – Access mode: https://www.advgazeta.ru/mneniya/problemy-napravleniya-advokatskogo-zaprosa/ (date of access: November 28, 2023).
5. Ignatieva V. A., Kuksa A. Yu. Legal regime of tax secrecy and problems of its implementation // Alley of Science. – 2020. – T. 2. – No. 4 (43). – P. 430.
CRIMINAL PROCEDURE
BALOVINA Irina Valerjevna
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE NEED FOR A PROCEDURAL SETTLEMENT OF CROSS-EXAMINATION AS A VERIFICATION ACTION AT THE STAGE OF INITIATION OF A CRIMINAL CASE
The article examines the cross-examination used by investigators and interrogators in practice as one of the forms of such other procedural action as obtaining an explanation that are not regulated by the domestic criminal procedure law. Cross-examination, being a non-procedural way of obtaining factual data, is used during a pre-investigation check on a reported crime and is aimed at eliminating contradictions in the testimony of previously separately interviewed persons in order to establish the presence or absence of signs of a crime. The study indicates the need to consider the issue of regulatory regulation of this verification action.
Keywords: cross-examination, other procedural action, confrontation, explanation, pre-investigation check, stage of initiation of a criminal case, criminal process.
Bibliographic list of articles
1. Balakshin V. S. Admissibility of evidence: concept, legal nature, meaning, assessment algorithm: scientific and practical. village – Ekaterinburg: Publishing house UMC UPI, 2013. – P. 217.
2. Davletov A. A. Initiation of a criminal case. Samples of procedural documents. Comments: educational-practical. village – Ekaterinburg: Ekaterinburg Higher School of the Ministry of Internal Affairs of Russia, 1994. – P. 8.
3. Karetnikov A. S., Karetnikov S. A. Purpose of the stage of initiating a criminal case: declared and actual // Russian investigator. – 2015. – No. 23. – P. 19.
4. Stelmakh Yu. V. Explanations in criminal proceedings: legal nature, procedural order of receipt, evidentiary value. Bulletin of Udmurt University. Economics Seriesand right. – 2016. – T. 26. – Issue. 5. – P. 153.
CRIMINAL PROCEDURE
BILYAEV Vladimir Alexandrovich
Ph.D. in Law, associate professor, professor of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
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
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
GUTNIK Oksana Vladimirovna
Ph.D. in Law, associate professor, professor of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
PROBLEMS OF QUALIFICATION AND PROOF OF BRIBERY IN AN OPERATIONAL EXPERIMENT
The article examines the problems of qualifying the actions of a bribe-taker in the conditions of an operational experiment. The authors state that in each case of conducting an operational experiment, information reflecting the circumstances of the preliminary interaction between the parties to a corruption transaction, including information on the amount of illegal material remuneration, must be previously collected. The conclusion is also formulated that in the case of a thank-you bribe, in cases where the intent of the bribe-taker is uncertain in terms of the amount of illegal remuneration, the crime should be considered completed not from the moment of transfer and receipt of the bribe, but from the moment the bribe-taker receives a real opportunity to dispose of the accepted illegal remuneration.
Keywords: corruption deal, operational experiment, bribe size, bribe recipient, gratitude bribe, corrupt service, undetermined intent.
Bibliographic list of articles
1. Criminal law. Special part: textbook for bachelors / Ed. A. I. Chuchaeva. – 3rd ed., trans. and additional – Moscow: Prospekt, 2018. – P. 8.
2. Dictionary of the Russian language: In 4 volumes / RAS, Institute of Linguistics. research; Ed. A. P. Evgenieva. – 4th ed., erased. – M.: Rus. language; Polygraph resources, 1999.
3. Shadrin I. A., Bilyaev V. A. The problem of qualifying the actions of a bribe-taker with uncertain intent regarding the size of the bribe // Law and State: Theory and Practice. – 2023. – No. 10 (226). – pp. 453-455.
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
INVOLVEMENT AS AN ACCUSED: REQUIREMENTS OF THE CRIMINAL PROCEDURE LEGISLATION FOR MAKING A DECISION IN ACCORDANCE WITH ARTICLE 172 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The article examines the procedure for making a decision on involvement as an accused in accordance with the requirements of the Criminal Procedure Code of the Russian Federation, gives an algorithm of actions to the investigator when drafting a decision on involvement as an accused, analyzes the structural elements of the decision on involvement as an accused, identifies typical practical mistakes of a law enforcement officer when drafting a decision as an accused, gives specific recommendations on their prevention.
Keywords: the accused, involvement as an accused, the formula of the charge, the wording of the charge, the form of the charge
Bibliographic list of articles:
1. Criminal Code of the Russian Federation: [federal. Law of June 13, 1996 No. 63-FZ: ed. from 09.24.2022.] // Access from reference. -legal system Garant. – Text: electronic.
2. Criminal Procedure Code of the Russian Federation: [federal. Law of December 18, 2001 No. 174-FZ: ed. from 10/07/2022 // Access from reference. -legal system Garant. – Text: electronic.
3. Kudryavtsev V.N. General theory of classification of crimes. – 2nd ed., revised. and additional – M., Yurist, 1999. – P. 5.
4. Makarov S. D. Changing the classification of crimes in judicial proceedings // Criminal law. – 2003. – No. 2. – P. 118.
5. Statistical reports on the work of the investigative units of the Ministry of Internal Affairs in the Republic of Crimea for 2022.
CRIMINAL PROCEDURE
BONDAR Mariya Mikhaylovna
senior lecturer of criminal process sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in Law Enforcement Bodies of the Volgograd Academy of the MIA of Russia
EVSTIFEEVA Ekaterina Petrovna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in Law Enforcement Bodies of the Volgograd Academy of the MIA of Russia
PRODUCTION OF INVESTIGATIVE ACTIONS USING VIDEO CONFERENCING SYSTEMS: PROBLEMATIC ASPECTS OF REGULATORY REGULATION AND LAW ENFORCEMENT PRACTICE
The article is devoted to the consideration of problematic issues that arise for law enforcement officials during investigative actions using video conferencing systems. Based on an analysis of the norms of criminal procedural legislation regulating the possibility of carrying out investigative actions using remote technologies and the practice of their application, the authors identified the main directions for modernizing criminal procedural legislation in the area under consideration, and proposed some ways to improve the norms of the Criminal Procedure Code of the Russian Federation for the most effective conducting an investigation, minimizing investigative errors.
Keywords: investigative actions, interrogation, confrontation, participant in investigative actions, video conferencing.
Bibliographic list of articles
1. Federal Law of December 30, 2021 No. 501-FZ “On Amendments to the Criminal Procedure Code of the Russian Federation” // Reference and legal system “ConsultantPlus”.
2. Brusnitsyn L.V. On the right of the accused to interrogate witnesses testifying against him // Ros. justice. – 2018. – 120 p.
3. Avdonin K.V. Videoconferencing in investigative actions: how to use it correctly. – M., 2022. – 25 p.
4. Appeal ruling No. 697-APU76-45SP dated February 15, 2021 Case of A. I. Klenina and D. V. Smirnov [Electronic resource] access mode: http://publication.pravo.gov.ru/document/1903202210180001, access date 11/28/2023
5. Gaas N. N. The use of video conferencing in the production of investigative actions at the stage of preliminary investigation: changes that practice needs // Russian investigator. – 2021. – No. 12. – P. 12.
CRIMINAL PROCEDURE
GADADOV Israfil Saidovich
postgraduate student of the 4th year of education of the Russian State University of Justice
INTERNAL CONVICTION OF THE JUDGE IN THE EVALUATION OF EVIDENCE IN THE TRIAL OF CRIMINAL CASES
The article examines the essence of such an element of evidence by a judge as his inner conviction. The article reflects the opinion of theorists about the evaluation of evidence by internal conviction. The concept of the judge’s inner conviction as a result of a free evaluation of evidence is analyzed, its role and significance for the ruling of a lawful, reasonable and fair sentence is shown. By means of scientific methods, it is determined what role the judge’s inner conviction plays in the proof process.
Keywords: criminal procedure, evidence, evaluation of evidence, freedom of evaluation of evidence, internal conviction of the judge.
Bibliographic list of articles
1. Belkin R. S. Collection, research and evaluation of evidence: essence and methods. – M.: Nauka, 1966. – P. 65
2. Pashkevich P. F. Objective truth in criminal proceedings. – M.: Gosyurizdat, 1961. – P. 49.
3. Ulyanova L. T. Subject of proof and evidence in the criminal process of Russia. – M., 2008. – P. 34., Strogovich M. S. Course of Soviet criminal procedure. T. 1. M., 1968. – P. 164., Criminal procedural law of the Russian Federation: textbook / Ed. P. A. Lupinskaya. – M.: Lawyer, 1995. – P. 132.
4. Course in criminal procedure / Ed. L.V. Golovko. 2nd ed., rev. – M.: Statute, 2017. – P.469.
5. Artamonova E. A., Firsov O. V. Fundamentals of the theory of evidence in the criminal process of Russia: textbook. allowance. – 4th ed., rev. and additional – M.: Norma: INFRA-M, 2014. – P. 95.
6. Determination of the Constitutional Court of the Russian Federation dated July 12, 2005 No. 323-O “On the refusal to accept for consideration the complaint of citizen Vladislav Igorevich Sheichenko about the violation of his constitutional rights by Articles 17, 88, 234 and 235 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”.
7. Chufarovsky Yu. V. Legal psychology: textbook. 3rd ed., revised. and additional – M.: Prospekt, 2006. – P. 460.
8. Strogovich M. S. Basic issues of assessing evidence in criminal proceedings // Soviet justice. – 1936. – No. 22. – P. 5.
9. Vyshinsky A.Ya. Problems of assessing evidence in Soviet criminal proceedings // Soviet justice. – 1936. – No. 23. – P.5.
10. Ratinov A. R. Theory of evidence in Soviet criminal proceedings. – M.: Legal. lit., 1973. – pp. 474-475.
11. Kuznetsov N. P. Proof and its featuresand stages of the criminal process in Russia: dis. … doc. legal Sci. – Voronezh, 1998. – pp. 367-368.
12. Lazareva V. A. Proof in criminal proceedings: educational and practical work. allowance. – M.: Higher. education, 2009. – pp. 66-67.
13. Kudryavtsev V. L. Problems of establishing the truth through the mechanism of proof in the context of the activities of the public prosecutor in court // Journal of Russian Law. – 2006. – No. 2. – P. 6.
14. Burmagin S. V. Compliance of the sentence with the internal conviction of the judge // Siberian criminal procedural and forensic readings. – 2017. – No. 1 (vol. 15). – P. 14
15. Gorevoy E. D. Internal judicial conviction in assessing evidence in criminal cases. – M.: Yurlitinform, 2008. – P. 132.
CRIMINAL PROCEDURE
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
INITIATION OF A CRIMINAL CASE ON CRIMES RELATED TO FRIEND TRAFFICKING
Crimes in the field of illicit drug trafficking are committed in conditions of non-obviousness, conspiratorially, often using the Internet. The authors try to highlight the conflict of laws issues that arise in investigative practice when solving issues related to the initiation of criminal proceedings in connection with illicit drug trafficking. Ordinary members of the criminal community are involved in the commission of illicit drug trafficking, the organizers, as a rule, avoid criminal liability for various reasons, including due to the imperfection of criminal and criminal procedure legislation. The application of procedural rules governing the initiation of a criminal case does not cover many situations that take place for ongoing, but multi-episode crimes.
Keywords: investigative practice, illegal drug trafficking, initiation of a criminal case, a single ongoing crime, accomplices of the crime.
Bibliographic list of articles
1. Determination of the Constitutional Court of the Russian Federation dated December 23, 2014. No. 3008-O.
2. Osmanov E.Z. Grounds for bringing a person as an accused // Law and Law. – 2019. – No. 8. – P. 111-113.
3. Erokhin D.V. Some problems of qualification of crimes in the sphere of illegal drug trafficking // Siberian Legal Review. – 2019. – No. 16 (1). – P. 96-102.
4. Otkidach A. O. On the issue of initiating criminal cases against unidentified distributors of narcotic drugs, psychotropic substances or their analogues // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 10. – P. 205-209.
5. Kovtun N.N. Initiating a criminal case against a new person or on the grounds of a new crime: a discretionary right or an imperative duty of the investigative authorities? // Legal science and law enforcement practice. – 2019. – No. 1 (47). – pp. 93-99.
6. Guseinov N. A. Conducting an inquiry by an investigator: conflicts of legislative regulation // Problems of economics and legal practice. – 2015. – No. 3. – P. 129-131.
7. Vlasov P. E. Current problems of qualification and investigation of illegal drug trafficking. – M., 2023. – 104 p.
CRIMINAL PROCEDURE
DYAKONOVA Viktoriya Viktorovna
Ph.D. in Law, associate professor of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University
CONTROVERSIAL ISSUES OF APPLICATION OF PART 2 OF ARTICLE 111 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The article deals with the problems of law enforcement of Part 2 of Article 111 of the Criminal Procedure Code of the Russian Federation related to the issue of the application of the types of other measures of procedural coercion specified in this norm to participants in criminal proceedings. Also, the problem of the lack of clarity and unambiguity of the legal regulation of the application of other measures of procedural coercion, which entails a misunderstanding of the relevant legal norms, their interpretation and implementation in law enforcement activities, is considered. The article analyzes the current legal situation, identifies the causes of the problem and suggests ways to resolve it.
Keywords: other measures of procedural coercion, problems of legislative technique, problems of law enforcement, interpretation of the norms of criminal procedural law, obligation to appear, drive, monetary penalty.
Bibliographic list of articles
1. Order of the Ministry of Internal Affairs of Russia dated June 21, 2003 No. 438 (as amended on February 1, 2012) “On approval of the Instructions on the procedure for carrying out the drive” // ATP “Consultant Plus” – consultant.ru.
2. Reznik G. Why can’t a monetary penalty be imposed on a defense lawyer? // Russian justice. – 2003. – No. 8. [Electronic resource]. – Access mode: kalinovsky-k.narod.ru
CRIMINAL PROCEDURE
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
DIGITIZATION OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES: SOME WAYS OF IMPROVEMENT
The article provides a brief analysis of the prospects for transferring the process of investigating criminal cases in the Russian Federation to an electronic format. It is noted that the introduction of an electronic form of investigation into the criminal procedural activities of preliminary investigation bodies is not a matter of the near future, but the scientific and legal basis for this process must begin to be prepared now. Some advantages of conducting a preliminary investigation and consideration of criminal cases in electronic format are reflected, and a list of necessary technologies (technical means) is defined for the possibility of introducing the electronic form of criminal cases into the criminal process. Attention is drawn to foreign experience in introducing electronic criminal cases into the criminal process and some proposals are made to improve the legislation of the Russian Federation in this area.
Keywords: criminal process, criminal case, pre-trial proceedings, preliminary investigation, electronic format, digitalization, “electronic case.”
Bibliographic list of articles
1. The Prosecutor General’s Office reported 270 thousand missing criminal cases. [Electronic resource]. – Access mode: https://rg.ru/2015/07/28/prokurori.html (date of access: 04/28/2023).
2. Makarova O. V. Improving legal proceedings by introducing an electronic form of criminal proceedings // Journal of Russian Law. – 2019. – No. 2. – P. 159–168.
3. Federal target program “Development of the judicial system of Russia for 2013-2024”: Decree of the Government of the Russian Federation dated December 27, 2012 No. 1406 // Garant.ru: website. [Electronic resource]. – Access mode: https://base.garant.ru/70292624 (date of access: 04/20/2023).
4. On approval of the Instructions on the conduct of criminal proceedings in electronic format: Order of the Prosecutor General of the Republic of Kazakhstan dated January 3, 2018 No. 2. [Electronic resource]. – Access mode: https://adilet.zan.kz/rus/docs/V1800016268 (date of access: 09.28.2023).
CRIMINAL PROCEDURE
EREMIN Sergey Germanovich
Ph.D. in Law, professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia
NIKONOVICH Sergey Leonidovich
Ph.D. in Law, associate professor, Head of Criminal process sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
KAYRGALIEV Daniyar Vulkairevich
Ph.D. in biological sciences, associate professor, expert of LLC “Expert Technologies and Product Certification”
HISTORICAL ASPECTS OF THE FORMATION OF THE INSTITUTE OF SETTING PROPERTY IN DOMESTIC CRIMINAL PROCEEDINGS
This article discusses the emergence, development and establishment of the institution of seizure of property in domestic criminal proceedings. The analysis of the issue under consideration begins with such legislative acts as the Russian Truth and the Code of Law of Ivan III, and also touches on the period of Peter the Great, Alexander II, the New Economic Policy, as well as modern Russia.
Keywords: seizure of property, institution of seizure of property, formation, history of formation, legislative regulation, judicial investigator.
Bibliographic list of articles
1. Pavlenko A.F. Current issues arising when seizing property. — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (49). – pp. 138-142.
2. Bulatov B.B., Dezhnev A.S. Peculiarities of seizure of securities in criminal proceedings // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (53). – pp. 7-11
3. Gorkina E.V. seizure of property as a tool for ensuring compensationI am the harm caused by the crime. — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (40). – pp. 69-72.
4. Pavlenko A. F. seizure of property: an investigative action or a measure of procedural coercion? — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (47). – pp. 144-156.
5. Yutkina S. M., Rostovshchikova O. V. On the seizure of property as a measure of criminal procedural coercion: history, theory, practice. — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (23). – pp. 144-156.
CRIMINAL PROCEDURE
ZAPIVALOV Dmitriy Alexandrovich
Ph.D. in Law, Head of Criminal process and criminalistics sub-faculty of the Perm Institute of the FPS of Russia
IZOSIMOV Vadim Sergeevich
Ph.D. in Law, associate professor of Criminal law, criminology and criminal process sub-faculty of the Nizhny Novgorod branch of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
SHAMSHINA Olga Sergeevna
lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
HOUSE SEARCH: PROBLEMATIC ISSUES OF CRIMINAL PROCEDURE REGULATION AND PRACTICAL PRACTICE
The article discusses aspects of the legal regulation of the procedural procedure for conducting a search in a home. The law enforcement practice is analyzed, special attention is paid in the article to the imperfections of the procedural regulation of the search in housing in cases of urgent delay. The algorithm of the investigator’s action and possible ways to solve problems arising from the application of norms regulating the conduct of a search in a home are proposed.
Keywords: search, urgent investigative action, criminal proceedings, house search.
Bibliographic list of articles
1. Khorsheva V.S. On some aspects of the interaction of the investigator, interrogator with the operational services of the internal affairs bodies during the investigation of crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48). – pp. 166-173.
2. Zhirova M. Yu., Kondratyuk S. V. Disadvantages of procedural regulation of searches in the light of ensuring the protection of human rights and freedoms // Humanitarian Balkan Studies. – 2019. – T. 3. No. 4 (6). – pp. 94-97.
3. Kalnitsky V.V. Using the results of operational investigative activities as a basis for carrying out investigative actions // Legislation and practice. – 2022. – No. 1 (48). – pp. 48-53.
4. Osipov A.V. Structure of the factual grounds for conducting a search // Criminalist. – 2022. – No. 4 (41). – pp. 92-97.
5. Vinogradova S. L. Video recording as an alternative to the institution of witnesses // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (62). – pp. 51-56.
CRIMINAL PROCEDURE
KOZLOV Vyacheslav Viktorovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ISSUES OF THE IMPLEMENTATION OF CERTAIN CONSTITUTIONAL RIGHTS OF CITIZENS DURING THE SEIZURE AND EXAMINATION OF MOBILE TELEPHONE DEVICES DURING THE VERIFICATION OF A CRIME REPORT
The article deals with issues related to the criminal procedural aspects of the seizure and examination of a mobile phone. In particular, issues such as seizure and examination when a crime is reported are considered. The author analyzes various opinions regarding the need for a court decision by an investigator, an interrogating officer to information found in mobile phones. Indicates the intended implementation of legal regulation and law enforcement practice with the implementation of constitutional principles for the protection and defense of the rights and freedoms of man and citizen in criminal proceedings.
Keywords: verification of a crime report, stage of initiating a criminal case, seizure, examination, mobile telephone device, smartphone, rights of participants in criminal proceedings.
Bibliographic list of articles
1. Apostolova N. N. Personal rights in criminal proceedings in the era of digital technologies // Court administrator. – 2022. – No. 2. – P. 35-38.
2. Bagmet A. M., Skobelin S. Yu. Limits of restrictions on the constitutional rights of citizens during the inspection of cell phones of participants in criminal proceedings // Criminal Law. – 2017. – No. 6. – P. 97-103.
3. Bikmiev R. G., Burganov R. S. Removal and inspection of electronic devices // Criminal law. – 2018. – No. 1. – P. 125-131.
4. Bravilova E. A. Inspection of the scene of an incident as a method of confiscating objects and documents before initiating a criminal caseabout cases // Judicial power and criminal procedure. – 2020. – No. 1. – P. 44-52.
5. Vasyukov V.F., Bulyzhkin A.V. Some features of the inspection of cellular communications equipment during the investigation of criminal cases // Russian investigator. – 2014. – No. 2. – P. 3.
6. Gaas N. N. Inspection of a seized mobile device: problems of law enforcement // Bulletin of the Ural Legal Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – P. 28-32.
7. Grachev S. A. The secret of telephone conversations in the legal positions of the highest judicial authorities of Russia: conflict of interpretations // Laws of Russia: experience, analysis, practice. – 2020. – No. 2. – P. 81-85.
8. Kalnitsky V.V. Reclamation of documents and objects at the stage of initiating a criminal case // Legislation and practice. – 2015. – No. 2. – P. 64-71.
9. Konovalov S. G. Use of digital data stored on the phone in criminal proceedings: pressing issues and ways to solve them // Law. – 2021. – No. 11. – P. 128-138.
10. Klevtsov K.K., Kvyk A.V. Seizure and inspection of information located in the electronic memory of subscriber devices // Legality. – 2020. – No. 12. – P. 56-60.
CRIMINAL PROCEDURE
KRUPNOVA Elizaveta Andreevna
senior lecturer of Fire training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
DORONIN Kirill Nikolaevich
senior lecturer of Fire training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
GVOZDEV Alexey Konstantinovich
senior lecturer of Fire training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
FATHIEV Damir Maratovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMATIC ASPECTS OF THE ADMISSION OF A DEFENDER AT THE STAGE OF PRELIMINARY INVESTIGATION
This article reveals the role of the lawyer’s participation in criminal proceedings. The author reveals the problems of such an aspect as the admission of a defender at the stage of preliminary investigation, and also distinguishes the concepts of “defender” and “lawyer”, defining them as a whole and a part. The paper pays special attention to the key problems that arise when ensuring the right to protection of suspects, and also offers recommendations for their solution.
Keywords: preliminary investigation, defender, the right to protection, the suspect, lawyer, criminal procedure legislation.
Bibliographic list of articles
1. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ // “Collection of Legislation of the Russian Federation”, December 24, 2001, No. 52 (Part I), Art. 4921.
2. Resolution of the Constitutional Court of the Russian Federation of January 28, 1997 No. 2-P “In the case of verifying the constitutionality of part four of Article 47 of the Criminal Procedure Code of the RSFSR in connection with complaints from citizens B.V. Antipov, R.L. Gitis and S. V. Abramov” // Rossiyskaya Gazeta. 1997.
3. Kudryavtsev V.L. Some problematic issues of admission as defenders of lawyers and other persons in criminal proceedings of the Russian Federation // Eurasian Advocacy. 2018. No. 1. P. 28-29.
4. Determination of the Constitutional Court of the Russian Federation dated April 10, 2002 No. 105-O “At the request of the Blagoveshchensk City Court of the Amur Region to verify the constitutionality of part four of Article 47 of the Criminal Procedure Code of the RSFSR” // Bulletin of the Constitutional Court of the Russian Federation. 2002. No. 6.
5. Review of judicial practice of the Supreme Court of the Russian Federation for the 4th quarter of 2019 // Bulletin of the Supreme Court of the Russian Federation. 2020. No. 1. P. 20.
CRIMINAL PROCEDURE
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of Preliminary investigation sub-faculty of the Educational and Methodological Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
IGNATOVA Ekaterina Alexandrovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Novorossiysk branch of the Krasnodar University of the MIA of Russia
PECULIARITIES OF DRAFTING A RESOLUTION ON THE INITIATION OF A PETITION FOR THE ELECTION OF A PREVENTIVE MEASURE IN THE FORM OF HOUSE ARREST
This article examines the specifics of drafting a resolution on the initiation of a petition for the election of a preventive measure in the form of house arrest. The importance of its correct and competent composition is investigated. After all, poor-quality drafting of procedural documents entails the need for the court to take additional measures to fill in existing gaps or inaccuracies, which ultimately affects the decision taken in the end, as well as thedecline in the image of the preliminary investigation bodies. Special attention is paid to practical recommendations on the rules for drafting the resolution in question.
Keywords: criminal case, investigator, resolutions on the initiation of a petition for the election of a preventive measure in the form of house arrest, suspect, conditions, grounds.
Bibliographic list of articles
1. Judicial statistics of the Russian Federation 2018-2021. Criminal proceedings. Consideration of petitions during investigative actions. Date Views 11/28/2022 stat.xn-7sbqk8achja.xn--p1ai/stats/ug/t/15/s/13.
2. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2018. No. 3 (46). pp. 116-121.
3. Biryukov S. Yu. Activities of the investigator at the scene of an incident: procedural and organizational aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2019. No. 1 (48). pp. 92-98.
CRIMINAL PROCEDURE
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Criminal process and criminology sub-faculty of the Samara Law Institute of the FPS of Russia
THE USE OF ARTIFICIAL INTELLIGENCE IN OPERATIONAL INVESTIGATIVE ACTIVITIES
This article discusses the current problems of the theory and practical application of artificial technologies in operational investigative activities. The author analyzes the legal basis and puts forward measures aimed at improving operational investigative activities and legislation. The urgency of the problem of artificial technologies in operational investigative activities is explained by the rapid development of information technologies and their impact on modern society. Operational investigative activities based on the collection, analysis and use of information are now facing new challenges and opportunities associated with the use of artificial intelligence, machine learning and other technologies.
Keywords: operational investigative activity, artificial intelligence, technologies, devices, innovations.
Bibliographic list of articles
1. Alikperov Kh. D. Global remote control of crime: admissibility, opportunities, costs // Criminology: yesterday, today, tomorrow. – 2016. – No. 3. – P. 26-33.
2. Alpeeva O. I., Bushueva A. V. Application of digital technologies and artificial intelligence in crime prevention // Bulletin of the Penza State University. – 2021. – No. 3 (35). – pp. 54-62.
3. Bitov A. A. Some features of the interaction of investigative and operational units of the internal affairs department in identifying, disclosing and investigating drug crimes committed using information technologies // Gaps in Russian legislation. – 2022. – No. 4. – P. 49-53.
4. Gordeev A. Yu. Prospects for the development and use of artificial intelligence and neural networks to combat crime in Russia (based on foreign experience) // Scientific portal of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – pp. 123-135.
5. Koblenko A. Yu. On the prospects for using digitalization // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – pp. 147-152.
6. The investigation is being conducted by AI – Kommersant newspaper No. 209 (6930) dated November 16, 2020. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4574027 (date of access: 11/17/2023).
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
CHEREPNENKO Elena Aleksandrovna
Ph.D. in Law, senior lecturer of Criminal law and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
HISTORICAL AND LEGAL ANALYSIS OF THE EMERGENCE AND DEVELOPMENT OF THE MODERN CONCEPT OF “FRAUD” IN RUSSIAN LEGAL SCIENCE
The article examines the issues of the historical formation and development of the concept of “fraud” in various periods of the development of the state. It is determined that the modern concept of fraud has not always existed in domestic legislation, therefore, its research must be associated with the method of its commission, that is, deception, which has been and remains an integral part of public life. The analysis of the definition of “fraud” enshrined in the criminal codes of the RSFSR is carried out. It is established that with the emergence of new ways of committing crimes, in particular by deception and abuse of trust, responsibility for them should receive mandatory legislative consolidation.
Keywords: fraud, deception, abuse of trust, punishment, criminal code.
Bibliographic list of articles
1. Foinitsky I. Ya. Fraud under Russian law: a comparative study. – St. Petersburg, 1871. – 551 p. – [Electronic resource]. – Access mode: https://viewer.rsl.ru/ru/rsl01003545363?page=3&rotate= 0&theme= white (access date: 11/09/2023).
2. Chistyakov et al. Domestic legislation of the 11th – 20th centuries: A manual for seminars / Ed. Chistyakova. – Part 1. – M.: Lawyer, 1999. – 464 p. – [Electronic resource]. – Access mode: https://search.rsl.ru/ru (date of access: 09.11.2023).
3. Chernykh P. Ya. Historical and etymological dictionary of the Russian language. – T. 1. – M.: Russian language, 1994. – 612 p. – [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Spravochniki/istoriko-etimologicheskij-slovar-sovremennogo-russkogo-jazyka-tom-1/ (date of access: 10/28/2023).
4. Piontkovsky A. A., Menshagin V. D. Course of Soviet criminal law. A special part. – M.: Gosyurizdat, 1955, – T. 1. – 543 p. – [Electronic resource]. – Access mode: http://lawlibrary.ru/izdanie13557.html.
5. Kruglevsky A. N. Property crimes: studies of the main types of property crimes. – St. Petersburg, 1913. – 549 p. – [Electronic resource]. – Access mode: https://viewer.rusneb.ru/ru/000199_000009_003804840?page=1&rotate=0&theme=white (date of access: 10/28/2023).
6. Krieger G. A. Some questions of qualification of theft of socialist property // Soviet justice. – M.: State Publishing House of the RSFSR, 1964. – No. 7. – P. 8-10. – [Electronic resource]. – Access mode: http://lawlibrary.ru/article1155586.html (date of access: 10/28/2023).
7. Criminal Code of the RSFSR of June 1, 1922 – [Electronic resource]. – Access mode: https://docs.cntd.ru/ (access date: 11/08/2023).
8. Criminal Code of the RSFSR as amended in 1926: with amendments and additions until July 1, 1927 / RSFSR. – Ed. official – M.: Legal. Publishing house of the People’s Commissariat of Justice of the RSFSR, 1927. – 36 p. – [Electronic resource]. – Access mode: http://elib.shpl.ru/ru/nodes/82569 (date of access: 09.11.2023).
9. Resolution of the Central Executive Committee of the USSR and the Council of People’s Commissars of the USSR of August 7, 1932 “On the protection of the property of state enterprises, collective farms and cooperatives and the strengthening of public (socialist) property. – [Electronic resource]. – Access mode: https://base.garant.ru/14160828/ (date of access: 09.11.2023).
10. On criminal liability for theft of state and public property. Decree of the Presidium of the Supreme Soviet of the USSR dated June 4, 1947 // “Gazette of the Supreme Soviet of the USSR” 1947 – No. 19. – [Electronic resource]. – Access mode: http://docs.historyrussia.org/ (date of access: 11/10/2023).
CRIMINAL PROCEDURE
SAVIKOVA Yuliya Borisovna
lecturer of Criminal process sub-faculty of the Educational and Methodological Complex for the Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
PROCEDURAL SIGNIFICANCE AND TACTICAL FEATURES OF THE CONFRONTATION
The article analyzes the main aspects of the production of a confrontation, as a rather interesting and complex investigative action. Further, the article describes the procedure, as well as the specifics of the confrontation, as well as the circumstances of the criminal case, from personal experience, according to which the truth was established, as a result of the confrontation between the victim and the suspect.
Keywords: confrontation, investigator, inquirer, investigative action, subject of investigation, testimony, significant contradictions, crime.
Bibliographic list of articles
1. Bastrykin A.I. Forensics. Techniques, tactics and methods of crime investigation: Scientific and practical. allowance 3rd ed., revised. and additional – St. Petersburg: Prospekt, 2011. – P. 275.
2. Criminal Procedure Code of the Russian Federation.
3. Soloviev A. B. Confrontation. Toolkit. – M.: Yurlitinform, 2006. – P. 8.
4. Pobedkin A.V., Yashin V.N. Investigative actions: Monograph. – M.: Yurlitinform, 2016. – P. 144-145.
CRIMINAL PROCEDURE
SMOLYAKOV Anatoliy Anatoljevich
Ph.D. in Law, professor, professor of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
PAVLOV Dmitriy Vladimirovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the ANO VO “University at the IPA EurAES”
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the Hero of the Russian Federation Army General E.N. Zinichev St. Petersburg University of the Ministry of EMERCOM of Russia
ON THE QUESTION OF THE SOURCES OF CRIMINAL PROCEDURE LAW OF ANCIENT RUSSIA, IN THE X-XI CENTURIES
This article is dedicated to the historical and legal analysis of the sources of procedural law in Ancient Russia. In the course of the research, the role of legal custom and princely laws in regulating criminal law relations at the stage of the origin of Russian statehood was identified, the main scientific approaches to the “Russian Law” were analyzed.
Keywords: legal custom, criminal procedure, source of law, “Russian Law”, Russian Pravda, Pskov judicial charter.
Bibliographic list of articles:
1. Chernyavsky A. G. Historical school and natural law // Bulletin of the Academy of Law and Management. – 2021. – P. 54.
2. Muromtsev G.I. Mononorm as a stage in the formation of law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – P. 94.
3. Kostogryzov P.I. Community law // Antinomies. – 2019. – P. 77.
4. Khakimova L. R. Legislative sources regulating the imposition of punishments limiting the freedom of the criminal in the customary law of the Eastern Slavs // Bulletin of the South Ural State University. – No. 38. – 2010. – P. 16.
5. Agaev G. A., Safonov V. N., Zorina E. A. Retrospective analysis of the legislative formation of the institution of interrogation in Russia (pre-Soviet stage) // International Law Journal. – 2023. – T. 6. – No. 1. – P. 146-150. [Electronic resource]. – Access mode: https://ilj-journal.ru/wp-content/uploads/2023/01/international-law-journal-t-6-1-2023.pdf.
6. The Charter of Prince Vladimir Svyatoslavich on tithes, courts and church people // History of state-confessional relations in Russia: XX – early XXI centuries. Issue 1. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Istorija_Tserkvi/istorija-gosudarstvenno-konfessionalnyh-otnoshenij-v-rossii-20-nachalo-21-veka-vypusk-1/1.
7. Dyachkova A.I. Court and judicial process on the Pskov judicial charter // Current problems of the humanities and natural sciences. – 2011. – P. 5.
CRIMINAL PROCEDURE
TOROVKOV Alexey Alexandrovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
KONOVALOV Artem Yurjevich
cadet of the 3rd course of the Faculty of Training Police Officers and Investigators of the Barnaul Law Institute of the MIA of Russia
PROCEDURAL ORDER FOR TERMINATING CRIMINAL PROSECUTION (CRIMINAL CASE) AGAINST A PERSON INVOLVED IN PARTICIPATION IN A SPECIAL MILITARY OPERATION: ALGORITHM OF ACTIONS OF THE PRELIMINARY INVESTIGATION AUTHORITIES
This article is devoted to the analysis of the norms of Federal Law No. 270-FZ dated 06/24/2023 “On the specifics of criminal liability of persons involved in a special military operation.” The authors generally positively assess the adoption of the new federal law and propose a specific procedure for the investigator (inquirer) in case the suspect or accused expresses a desire to use the universal mechanism of exemption from criminal liability. The author’s content of the article proposed for inclusion in the Code of Criminal Procedure of the Russian Federation regulating the termination of a criminal case or criminal prosecution against suspects (accused) involved in a special military operation was formulated.
Keywords: special military operation, suspension of the criminal case, termination of criminal prosecution, exemption from criminal liability.
Bibliographic list of articles
1. Golovko L.V. Application of the law on exemption from criminal liability of participants of the SVO. Legislative issues // Criminal procedure. 2023. No. 11. P. 26-28.
2. Endoltseva A. V. Release from criminal prosecution: from theoretical reasoning to de lege ferenda // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2016. No. 6. P. 56-58.
3. Bill No. 329181-8 On amendments to the Criminal Procedure Code of the Russian Federation. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/329181-8#bh_note (date of access: 11/19/2023).
4. Kalinovsky K.B. What to consider when releasing participants of the SVO from liability // Criminal process, 2023. No. 11. P. 32-33.
5. Klimanova O. V. Voluntariness of concluding a pre-trial cooperation agreement as a condition of its legitimacy // Legal Bulletin of Samara University, 2015. No. 3. P. 132-138.
6. Decree of the President of the Russian Federation of September 7, 2010 No. 1099 “On measures to improve the state award system of the Russian Federation” // Collection of Legislation of the Russian Federation, 2010. No. 37. Art. 4643.
7. Federal Law No. 270-FZ dated June 24, 2023 “On the peculiarities of criminal liability of persons involved in participation in a special military operation”// Collection of Legislation of the Russian Federation, 2023. No. 26. Art. 4678.
8. Federal Law of March 28, 1998 53-FZ “On Military Duty and Military Service” // Collection of Legislation of the Russian Federation. 1998. No. 13. Art. 1475.
9. Tsvetkov Yu. A. Termination of criminal prosecution against a participant in the SVO. Recommendations for the investigation // Criminal process, 2023. No. 11. P. 29-31.
10. Yakubova S. M. Suspension of a criminal case in the event of impossibility of participation of a suspect accused in a criminal case // Penitentiary science. 2015. No. 2 (30). pp. 52-55.
CRIMINAL PROCEDURE
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”
PROSPECTS FOR THE USE OF ANALYTICAL PLATFORMS IN THE ACTIVITIES OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION IN THE ANALYSIS OF STATISTICAL INFORMATION
The paper addresses the issues of using data visualization and analysis tools that allow you to quickly identify trends and patterns in data. High-quality processing and visualization of departmental statistical information, information from open sources provide the opportunity to create information support for managerial decision-making and serve to create data-based management tools. The paper considers an approach to the analysis of statistical information on crimes in the field of information technology registered in the regions of Russia. The analysis uses visualization tools implemented in analytical packages and open source mapping services. The work is aimed at determining the prospects for the application of data analysis in the practical activities of law enforcement agencies, considering the possibilities of using analytical software tools that do not require long-term training and are available for use by a wide range of users .
Keywords: crime in the regions, cybercrime, multidimensional data analysis, data visualization, OLAP cube, penal enforcement system of the Russian Federation.
Bibliographic list of articles
1. Tsarkova E. G. On the issue of using artificial intelligence in legal departments // Eurasian Legal Journal. – 2023. – No. 3 (178). – pp. 385-386.
2. Zorina N. S. The concept of crimes committed with the use of information and telecommunication technologies // Bulletin of the FKU NIIIT FSIN of Russia: Scientific and practical publication. Volume Issue 5. – Tver: FKU NIIIT FSIN of Russia, 2022. – P. 34-37.
3. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Criminal Executive 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. – pp. 45-47.
4. 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.
5. Shaukhalova R. A., Yarychev N. Digital culture of undergraduate students as a competitive advantage of a modern specialist // World of science, culture, education. – 2019. – No. 5. – P. 348-350.
CRIMINAL PROCEDURE
SHAMSHINA Olga Sergeevna
lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE ISSUE OF GUARANTEES OF THE IMPLEMENTATION OF THE PRINCIPLE OF LEGALITY BY THE INVESTIGATOR WHEN INVOLVING A PERSON AS AN ACCUSED
The law enforcement practice is analyzed, special attention is paid in the article to the imperfections of the procedural regulation of the prosecution procedure, which are important in the implementation of the principle of legality by the investigator. The algorithm of the investigator’s action and possible ways of solving problems arising in the investigator’s activity when applying the norms of Chapter 23 of the Code of Criminal Procedure of the Russian Federation are proposed.
Keywords: legality, the principle of legality, criminal proceedings, the accusation, involvement as an accused.
Bibliographic list of articles
1. Pechnikov G. A., Blinkov A. P. Legality as a principle of criminal process // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2011. – No. 3 (18).– P. 130.
2. Kruglikov A.P. Accused: is such a participant needed in the criminal process of modern Russia? // Bulletin of Samara State University. – 2014. – No. 11-2 (122). – pp. 106-113.
3. Gavrilov B. Ya. Current problems of pre-trial proceedings: the vision of a scientist and law enforcer // Current problems of judicial, law enforcement, human rights, criminal procedure and national security: materials of the International Research and Production Committee dedicated to the 50th anniversary of the formation of the department of criminal procedure. Krasnodar, 2022. – pp. 67-76.
4. Polikarpova O. S., Shestakova S. D. Development of the institution of suspicion as a prerequisite for abandoning the institution of bringing charges // Criminal proceedings in Russia and foreign countries: problems and prospects for development: materials of the MNPK. – St. Petersburg, 2021. – pp. 325-329.
5. Lavdarenko L. I., Plesneva L. P. On the significance of the act of attracting a person as an accused // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia: scientific and practical. magazine – Irkutsk, 2022. – No. 4 (103). – pp. 189-197.
6. Kupryashina E. A, Rudov D. N. Some procedural aspects of bringing charges in criminal proceedings in Russia // Problems of law enforcement. – 2022. – No. 4. – P. 6-9.
7. Rossinsky S. B. On the inadmissibility of “pilot” charges in pre-trial proceedings in a criminal case // Siberian Legal Bulletin. – 2021. – No. 4 (95).
8. Tokareva E. V., Khorsheva V. S. Peculiarities of the activities of the prosecutor in the pre-trial stages of criminal proceedings in Russia // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (56). – pp. 140-145.
CRIMINAL PROCEDURE
ABDURAGIMOV Zamir Mikailovich
magister student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE ROLE OF A LAWYER IN A SPECIAL PROCEDURE OF JUDICIAL PROCEEDINGS
This article examines the role of a lawyer in the consideration of criminal cases according to the rules of Chapter 40 of the Criminal Procedure Code of the Russian Federation. The authors analyzed the grounds and conditions for sentencing without examining the actual circumstances of the criminal case with the consent of the accused with the charge against him. As a result of the research conducted, the authors come to the conclusion that the participation of a lawyer in the trial, even if the accused agrees with the charge against him, is of considerable importance and acts as a kind of guarantor of the objectivity of the verdict passed following the trial.
Keywords: a lawyer, a special procedure for making a court decision, consent to the charge, a criminal trial, a plea bargain.
Bibliographic list of articles
1. Petrukhin I. L. Special procedure for judicial proceedings // Russian justice. – 2005. – No. 7. – P. 25-28.
2. Dubovik N.P. “Plea bargaining” and “special procedure”: comparative analysis. [Electronic resource]. – Access mode: http://base.garant.ru/5133579/ (access date 11/23/2023).
3. Guskova A.P. On the special procedure for making a judicial decision when the accused agrees with the charge brought against him under the Russian criminal procedure law // Russian Judge. – 2002. – No. 10. – P. 14-19.
4. Rybalov K. A. Conditions for the application of a special procedure for judicial proceedings // Modern law. – 2003. – No. 6. – P. 9-14.
5. Ponomarenko S.S. Plea bargains in Russian criminal proceedings // Justice. – 2001. – No. 3. – P. 134-143.
6. Alexandrov A.S. Grounds and conditions for a special procedure for making a court decision if the accused agrees with the charge against him // State and Law. – 2003. – No. 12. – P. 43-52.
7. Velikiy D.P. Special procedure for judicial proceedings: theory and practice // Journal of Russian Law. – 2005. – No. 6. – P. 74-79.
8. Remennykh P.N. Theoretical foundations and practice of applying a special procedure for judicial proceedings: abstract of thesis. dis. …cand. legal Sciences: 12.00.09. – Barnaul, 2006. – 29 p.
CRIMINAL PROCEDURE
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of Preliminary investigation sub-faculty of the Educational and Methodological Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
MIKHAYLOV Pavel Alexeevich
student of the 5th course of the Faculty of Investigator Training of the Volgograd Academy of the MIA of Russia
SOME RELEVANT ASPECTS OF THE COMPARATIVE LEGAL ANALYSIS OF INQUIRY AND PRELIMINARY INVESTIGATION IN PRE-TRIAL PROCEEDINGS IN RUSSIA
In this article, through the study of criminal procedure norms, the most relevant aspects of the application of the institute of inquiry and preliminary investigation are analyzed, since in recent years the opinion has been increasingly expressed in the legal literature about the lack of necessity and logical expediency of the existence of two forms of preliminary investigation, which, according to a sufficient number of procedural scientists, duplicate each other: “the dualism of inquiry and preliminary investigation as two forms of investigation have not only outlived their usefulness, but simply do not have proper theoretical grounds…” [1, p. eleven]. At the stage of investigation of various categories of crimes, with the advent of new complex types of IT crimes, the burden on the preliminary investigation bodies increases, and this problem acquires the greatest practical importance. The article provides some recommendations for improving the institution of inquiry and provides justification for the expediency of its existence.
Keywords: comparative legal analysis, similarities, differences, inquiry; preliminary investigation, pre-trial proceedings in criminal cases.
Bibliographic list of articles
1. Golovko L.V. Kazakhstan: de-Sovietization of the criminal process. Article 2. Unification of pre-trial investigation // Criminal proceedings. – 2012. – No. 1. – P. 11.
2. CoLesnikov K.V. Oblitsov V.A. Yurastov F.V. On the issue of differentiation of the criminal procedural form of inquiry and inquiry in an abbreviated form // Epomen. – 2019. – No. 26. – P. 116-122.
3. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – pp. 116-121.
4. Biryukov S. Yu. Activities of the investigator at the scene of an incident: procedural and organizational aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48). – pp. 92-98.
5. Malleev S.S. Features that distinguish inquiry from preliminary investigation // Law and Law. – 2019.- No. 10. – P. 104-105.
6. Tangrieva V.N. On the issue of differentiation of the preliminary investigation // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – pp. 184-188.
CRIMINAL PRINCIPAL LAW
POPOV Igor Vadimovich
Ph.D. in pedagogical sciences, Deputy Head of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
ANALYSIS OF THE EFFECTIVENESS OF WORK WITH THE NONLINEAR TRANSITION DETECTOR TO PREVENT UNAUTHORIZED USE OF MOBILE COMMUNICATIONS IN CORRECTIONAL INSTITUTIONS
This article is of great relevance due to the growing number of crimes committed using mobile communications in correctional institutions. To optimize search measures, it is necessary to analyze and summarize trends in scientific and technological progress, opportunities and prospects for the use of search equipment samples in service to strengthen law and order and security in institutions of the penal system. The nonlinear transition detector is designed to search for electronic devices hidden in a sophisticated way, containing semiconductor components that are both on and off. The article discusses the rules and features of working with nonlinear transition detectors, which makes it possible to increase the efficiency of their use and eliminate crimes committed using mobile communications on the territory of correctional institutions.
Keywords: nonlinear transition detector, convicts, an employee of the penal enforcement system, correctional institutions, mobile communication facilities.
Bibliographic list of articles
1. Criminal Executive Code of the Russian Federation dated January 8, 1997 No. 1-FZ (Ed. dated June 24, 2023) // Official Internet portal of legal information (www.pravo.gov.ru) June 24, 2023
On approval of the Internal Rules of Pre-trial Detention Centers of the Penitentiary System, Internal Rules of Correctional Institutions and Internal Rules of Correctional Centers of the Penitentiary System”: Order of the Ministry of Justice of Russia dated July 4, 2022 No. 110, (as amended on August 23, 2023) / / Official Internet portal of legal information (www.pravo.gov.ru) 08/23/2023
2. Shikhanov V. A. Support, organization of searches, inspections in penal institutions and adjacent territories: educational and methodological manual. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2011. – 84 p.
CRIMINAL PRINCIPAL LAW
ASADOV Vatan Vagifovich
Ph.D. in Law, associate professor of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of convicts from society sub-faculty of the Pskov branch of the FPS University of Russia
ON THE PROBLEM OF INCREASING THE EFFECTIVENESS OF THE APPLICATION OF PREVENTIVE MEASURES TO CONVICTS WITHOUT ISOLATION FROM SOCIETY
The article discusses the main directions for improving the effectiveness of preventive measures to convicts without isolation from society. The importance of such work and its impact on ensuring public safety in the Russian Federation are substantiated. The author presents the results of his own research, on which the main provisions of the article and the conclusions of the study are based.
Keywords: penal inspections, punishments without isolation from society, preventive measures, repeated crimes.
Bibliographic list of articles
1. On the Concept for the development of the penal system of the Russian Federation for the period until 2030: order of the Government of the Russian Federation. Federation dated April 29, 2021 No. 1138-r // Collection of legislation of the Russian Federation. 2021. No. 20. Art. 3397.
2. On approval of the Concept for the development of the penal system of the Russian Federation until 2020: order of the Government of the Russian Federation. Federation dated October 14, 2010 No. 1772-r // Collection. Russian legislation Federation. – 2010. – No. 43. – Art. 5544.
3. About the National Security Strategy of the Russian Federation: UKaz of the President of the Russian Federation dated July 2, 2021 No. 400 // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru.
4. The concept of public safety in the Russian Federation: approved. President of Russia Federation dated November 14, 2013 No. Pr-2685 // ATP “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru.
5. Characteristics of persons registered with penal inspections // Official website of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: http://fsin.rf
6. Review of the results of the activities of penal inspections in 2022. – M., 2023. – P. 2.
CRIMINAL PRINCIPAL LAW
ELTSOVA Alena Olegovna
adjunct of the Faculty of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
FEATURES OF EDUCATIONAL IMPACT ON FEMALE CONVICTS IN CORRECTIONAL INSTITUTIONS
In this article, the author examines the features of educational influence on female prisoners sentenced to imprisonment in correctional institutions, ways of its implementation in institutions executing criminal penalties, and also suggests possible ways to solve a number of problematic issues. The purpose of the work is to study the current legislation in terms of educational impact on prisoners sentenced to imprisonment in order to solve problematic issues arising in the practical activities of correctional institutions, as well as to develop relevant proposals for correcting methods of educational impact, increasing its overall effectiveness and reducing recidivism.
Keywords: crime, recidivism, sad persons, women.
Bibliographic list of articles
1. Brazhnikov D. A., Kobets P. N. Female recidivism: selected issues of prevention by internal affairs bodies // Legal science and law enforcement practice. – 2018. – No. 3 (45). – pp. 75-86.
2. Eltsova A. O. Educational influence on female prisoners sentenced to imprisonment and the institution of probation // Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on the Problems of Execution of Criminal Sentences. Volume 2. Ryazan. –2022. – pp. 722-725.
3. Ezhova O. N. Personality features of women serving sentences in prison // Psychological Sciences. – 2019. – pp. 127-134.
CRIMINAL PRINCIPAL LAW
MUSALEVA Anna Vladimirovna
Ph.D. in Law, associate professor, senior researcher of the Research Institute of the FPS of Russia
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
CRIMINOLOGICAL CHARACTERISTICS OF THOSE CONVICTED OF CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS AS WELL AS ITS ROLE IN EDUCATIONAL WORK WITH THE CATEGORY UNDER CONSIDERATION
The article examines the socio-demographic, criminal-legal and criminal-executive characteristics of those condemning crimes against the sexual integrity of minors. The results of the study substantiate the conclusions about the need to study the personality of convicts of the category in question in order to achieve a positive result of educational work with them.
Keywords: educational work; convict; criminological characteristics, sexual integrity.
Bibliographic list of articles
1. Antonyan Yu. M. Pedophilia and its causes // Scientific portal of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (59). – pp. 48-56.
2. Antonyan Yu. M., Tkachenko A. A., Shostakovich B. V. Pedophilia and ephebolia // Criminal sexology. – M., 1999. – P. 315-338.
3. Ibragimova B.I. Features of criminological characteristics of persons suffering from a disorder of sexual preference (pedophilia) // Law and Law. – 2022. – No. 8. – P. 146-148.
4. Kraft-Ebign R. Sexual psychiatry. With special attention to the perversion of sexual feelings. – M., 2013. – 565 p.
5. Rozvezeva Yu. S. Characteristics of persons who committed crimes against the sexual integrity of minors // Innovative Sciences. – 2017. – No. 3 (2). – pp. 120-124.
CRIMINAL PRINCIPAL LAW
POPOV Igor Vadimovich
Ph.D. in pedagogical sciences, Deputy Head of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
CURRENT ISSUES OF PLANNING AND ORGANIZATION OF LOGISTICAL SUPPORT FOR THE PENITENTIARY SYSTEM IN RUSSIA
The article analyzes the functional content of the logistics processes of the bodies and institutions of the penal enforcement system in order to theoretically substantiate the relevant measures applied to regulate issues of procurement, distribution and timely redistribution of limits received in excess of the norm . The conclusions obtained in the comparative analysis of the literature study contribute to the formation of ideas about the systematic accounting of material resources and the purposefulness of audits of stocks and equipment conducted in penitentiary institutions, during which it is possible to identify in advance the list of material assets necessary for purchase planning and create organizational and financial conditions for performing the supporting function of logistics services.
Keywords: logistics, material and resource support, stocks, allowances, correctional institutions, penitentiary system, types of support, planning, organization.
Bibliographic list of articles
1. Tsibulskaya G.Z., Tomina N.M. Modern aspects of providing material resources to institutions of the penal system // Bulletin of the penal system. – 2022. – No. 6. – P. 70-80.
2. Ferster M.V. Features of modern resource and economic support of the penal system of the Russian Federation // Theory and practice of socio-humanitarian sciences. – 2018. – No. 1 (1). – pp. 124-131. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-sovremennogo-resursno-ekonomicheskogo-obespecheniya-ugolovno-ispolnitelnoy-sistemy-rossiyskoy-federatsii (date of access: 10/11/2023)
3. Kiryanov A. Yu., Grebe D. A. Issues of saving fuel and energy resources and prospects for their use in institutions of the penal system // Theory and practice of socio-humanitarian sciences. – 2018. – No. 1 (1). – pp. 120-124.
CRIMINAL PRINCIPAL LAW
RYBALKIN Vladislav Nikolaevich
adjunct of the Faculty of Training Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
THE LEGAL NATURE OF THE INSTITUTION OF SUBSTITUTION OF PUNISHMENT WITH A MILDER TYPE OF PUNISHMENT
The article analyzes the practice of replacing punishment with a milder alternative form. It provides an overview of this approach, its legal implications, problems and potential solutions. The article examines the various points of view of scientists regarding the problem under study. It is concluded that there is no consensus and understanding among scientists about the legal nature of the institution under study, therefore this article is partly intended to bring uniformity to its understanding. A number of problems have been identified that require consideration at the legislative level. There are no clear criteria in the Criminal Code of the Russian Federation that allow the court to make the right decision. There is no single mechanism for calculating the terms of punishment when replacing imprisonment with a milder form. Because of this, the author proposes to improve the legal regulation of the use of the institution of substitution of punishment with a milder form.
Keywords: the legal nature of the institution of replacing punishment with a milder form
Bibliographic list of articles
1. Baleev S.A., Volkov B.S., Kruglikov L.L. et al. Criminal law of Russia. General part: textbook / Ed. F. R. Sundurova, I. A. Tarkhanova. — 3rd ed., revised. and additional M.: Statute, 2009.
2. Korobov P. Release from punishment: theory and practice // Criminal law. 2007. No. 1
3. Course of Russian criminal law. General part / Ed. V. N. Kudryavtseva, A. V. Naumova. M.: SPARK, 2001.
4. Sizy A.F. Criminal law. A common part. Cheboksary, 2003.
5. Babayan S. L. Issues of replacing the unserved part of the sentence with a milder type of punishment in relation to those sentenced to imprisonment // Man: crime and punishment. 2011. No. 1 (72). pp. 54-57.
6. Matveev S. A., Makarov R. V. Replacement of the unserved part of the punishment with a milder type of punishment: features of the theory and practice of implementation // Series “Historical Sciences. Legal sciences”. 2016. No. 1 (5). pp. 67-72.
7. Tkachevsky Yu. M. Release from serving a sentence. M., 1970. P. 5-6.
8. Mikhlin A. S. Early release from serving a sentence // Problems of improving the criminal law. M., 1984.
9. Ozhegov S.I. Dictionary of the Russian language / Ed. N. Yu. Shvedova. M.: Russian language, 1990.
10. Tarkhanov I. A. Replacement of punishment under Soviet criminal law. Kazan, 1982. P. 46.
11. Urusov A. A. Problems of criminal law regulation of replacement of unserved timeoh part of the punishment with a milder form of punishment // Bulletin of the Kuzbass Institute. 2020. No. 2 (43). pp. 122-133.
12. Geta M. R., Smirnov. A. N. Conditional early release from punishment and replacement of punishment with a milder form: problems of application // Bulletin of the Kuzbass Institute. 2019. No. 1 (38). 185 pp.
CRIMINAL PRINCIPAL LAW
USEEV Renat Zinurovich
Ph.D. in Law, associate professor, Head of the Faculty of Vocational Training and Additional Vocational Education of the Samara Law Institute of the FPS of Russia
THE PROCEDURE FOR THE ACTIVITIES OF INSTITUTIONS AND BODIES THAT CARRY OUT PUNISHMENTS, AS AN ELEMENT OF THE CONTENT OF THE PENAL (FORCED LABOR) LEGISLATION OF THE RUSSIAN FEDERATION (RSFSR)
The article considers the structure of the expression “The procedure for the activities of institutions and bodies that carry out punishments,” enshrined in Article 2 of the Criminal Executive Code of the Russian Federation as an element of the content (subject) of the criminal executive legislation of the Russian Federation.
Taking into account the analysis of the penal legislation of the Russian Federation and the forced labor legislation of the RSFSR of the last third of the 20th century, the author determined the place of the expression in question in these laws, considered the structural components of the expression in question.
From a lexical and legal point of view, the categories “Activity,” “Institutions and bodies that carry out punishments” and “Order” were analyzed.
The definition is given to the expression “The procedure for the activities of institutions and bodies executing punishment and other measures of a criminal law nature.”
Keywords: procedure, activities, institutions and bodies that carry out punishments, measures of a criminal law nature, the content of penal law, the execution of punishments.
Bibliographic list of articles
1. Pinchuk V.I. Law enforcement activities and management documentation in correctional labor institutions: a textbook. – M.: Academy of the Ministry of Internal Affairs of the USSR, 1979. – 116 p.
2. Slobodchikov V.I. Identification and categorical analysis of the normative structure of individual activity // Questions of psychology. – 2000. – No. 2. – P. 42–52.
3. Utkin V. A. Criminal-executive activity and the subject of criminal-executive law // Criminal-executive law. – 2016. – No. 2 (24). pp. 39–43.
4. Ushakov D. N. Explanatory dictionary of modern Russian language. – M.: Adelant, 2014. – 800 p.
CRIMINALISTICS
ALEXEENKO Stanislav Alexandrovich
lecturer of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
SOME PROBLEMS OF USING SPECIAL KNOWLEDGE
The article examines some features associated with the use of special knowledge of an expert and specialist during the investigation of crimes. The author examines the concepts of “special knowledge”, which are used in the Criminal Procedure Code of the Russian Federation when characterizing an expert and specialist. The forms of use of special knowledge, the subjects of their application, as well as emerging problems in the professional sphere have been established. The author also touches upon the problems of using non-traditional methods of special knowledge in the framework of the trial. The status of state and non-state experts has been determined.
Keywords: special knowledge, specialist, expert, procedural, non-procedural forms of using special knowledge, signs of special knowledge, non-state and state expert institutions.
Bibliographic list of articles
1. Eisman A. A. Expert opinion. Structure and scientific rationale. – M., 1967.
2. Nadgorny G. M. Epistemological aspects of the concept of “special knowledge” // Forensic science and forensic examination. – 1980. – No. 21.
3. [Electronic resource]. – Access mode: https://sacralknowledge.info/safonov-vladimir-ivanovich/#kto-obraschalsya-k-safonovu-za-pomoschyu (access date: 09/04/2023).
4. [Electronic resource]. – Access mode: http://psychologylib.ru/books/item/f00/s00/z0000044/st039.shtml (access date: 09/04/2023).
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2010 No. 28 “On forensic examination in criminal cases.” – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_108437/(access date: 09/04/2023).
6. Vershitskaya G.V. Legal features of non-state expert activities // Bulletin of the Volga Academy of Public Service. – 2014. – No. 2(41).
CRIMINALSTICK
AMIROV Ravil Gaisovich
lecturer of Criminalistics sub-faculty of the Kazan Law Institute of the MIA of Russia
EREMCHENKO Vladimir Igorevich
Deputy Head of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
PROBLEMS OF USING MODERN INFORMATION TECHNOLOGIES IN CRIME INVESTIGATION
The article examines the current level of remote forms of theft and the existing mechanisms to counteract them. The problems of legal and technical nature that hinder the process of obtaining evidentiary information when working with computer information are analyzed. The views of foreign criminology on digital evidence are compared, as well as the attitude towards them in domestic criminology is analyzed. Examples of the use of software and hardware for obtaining and researching digital evidence are given.
Keywords: criminalistics, IT crimes, remote theft, investigation, computer information, problems of investigation.
Bibliographic list of articles
1. Statistical data from the GIAC of the Ministry of Internal Affairs of Russia: statistical reporting form 493 “3-EGS” for the period from 2019 to 2022.
2. Order of the Ministry of Internal Affairs of Russia dated April 3, 2018 No. 196 “On some measures to improve the organization of detection and investigation of certain types of theft” // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 10/22/2023).
3. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 10/22/2023).
4. Order of the Ministry of Internal Affairs of Russia dated December 29, 2020 No. 925 “On approval of the Temporary Instructions for the formation, maintenance and use of the “Remote Fraud” subsystem of the software and hardware system “IBD-F”” // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 11/22/2023).
5. Krasnova L. B. On the relationship between the concepts of electronic, digital and computer information in relation to criminal proceedings and criminology // Voronezh Forensic Readings. – 2016. – No. 1 (18). – pp. 70-75.
6. Digital Evidence and Forensics. [Electronic resource]. – Access mode: https://nij.ojp.gov/digital-evidence-and-forensics (access date: 02/19/2019).
7. Nechaeva N. B. Innovations in criminology // Leningrad Legal Journal. – 2013. – No. 2 (32). – pp. 156-162.
8. Burtseva E. V., Rogova I. A. Practice of using UFED – a universal device for forensic research of mobile devices // Eurasian Union of Scientists (ESU). – 2015. – No. 7 (16). – pp. 97-100.
9. Federal Law of the Russian Federation dated July 31, 2020 No. 259-FZ “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation” // IPO “Garant”. [Electronic resource]. – Access mode: – https://base.garant.ru (date of access: 10/22/2023).
CRIMINALISTICS
GUSEV Alexey Vasiljevich
Ph.D. in Law, professor of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
FORENSIC POSITIONING OF THE MATERIAL-TRACE PICTURE OF THE SCENE UNDER WATER
The article discusses the possibility of using water milestones (floating warning signs) in the process of forensic geo-positioning of the material and trace situation of the scene at the bottom of the reservoir. The need for investigative actions of search and cognitive orientation in the conditions of the hydrosphere requires the formation of fundamentally new approaches to the issue of their technical and forensic support. This also applies to the search for effective ways to determine the geographical location of the objects of the material and trace picture of the scene located at the bottom of the reservoir.
Keywords: criminalistics, forensic technology, investigative actions, the scene of the incident.
Bibliographic list of articles
1. Gross G. Guide for forensic investigators as a system of forensic science. New ed. rebake with ed. 1908 – M.: LexEst, 2002.
2. Geolocation. [Electronic resource]. – Access mode: https://en.wikipedia.org (access date: 10/12/2023).
3. Gusev A.V. Forensic support of investigative examination in the conditions of the hydrosphere // Society and Law. – 2019. – No. 3 (69) @@ Gusev A. V. Modeling an object of investigative inspection in hydrosphere conditions // Society and Law. – 2019. – No. 4 (70) @@ Gusev A. V. The influence of water currents on the conduct of search and cognitive actions in the hydrosphere // Theory and practice of crime investigation [Electronic resource]: materials of the X International. scientific-practical conf. (April 14, 2022) / editorial board: E. S. Danilyan, I. G. Bashinskaya, M. Yu.Lakomskaya et al. Electron. Dan. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. 1 electron. wholesale disk.
4. An analogue of GPS has been created for use under water. It doesn’t need a power source. [Electronic resource]. – Access mode: https://naked-science.ru (access date 10/12/2023).
5. What is geographic positioning – TOPOGIS. [Electronic resource]. – Access mode: https://topogis.ru (date of access: 10/12/2023).
6. RU2381518C2 – a device for determining the coordinates of underwater objects – Yandex. Patents. [Electronic resource]. – Access mode: https://yandex.ru (access date: 10/12/2023).
7. Buoy system – RF patent 2029708 – Glukhov Yu. V., Kiselev V. M., Lukyanchikov N. N. [Electronic resource]. – Access mode: https://freepatent.ru (date of access: 10/12/2023).
8. Milestone (naval term) – Wikipedia. [Electronic resource]. – Access mode: https://wikipedia.org (access date: 10/12/2023).
9. Floating navigation equipment signs. [Electronic resource]. – Access mode: https://poznayka. org (accessed 10/12/2023) @@ Floating warning signs. [Electronic resource]. – Access mode: https://studfile.net (access date: 10/12/2023).
10. Determining the distance between objects under water. [Electronic resource]. – Access mode: https://iskonspb.ru (date of access: 10/12/2023).
CRIMINALISTICS
DUBSKIH Pavel Sergeevich
adjunct of the V. Ya. Kikot Moscow University of the MIA of Russia
CURRENT ISSUES OF SEARCH AND COGNITIVE ACTIVITY VIA THE INTERNET IN THE INVESTIGATION OF CRIMES AND ITS ESSENCE
In the conditions of universal digitalization and transition of any kind of human activity to the Internet space, we can talk about its global and undeniable influence on the functioning of all state systems, including the institute of crime investigation. This article presents the most popular forms of use of the Internet by investigators, as well as current problems of the use of computer technology in the field of crime investigation and ways to solve these problems. A proposal is made to form a program for the development of forensic innovations in this direction, the issue of using artificial intelligence in crime investigation is considered and the main obstacles to the introduction of neural networks as a method of achieving investigative goals are highlighted.
Keywords: resource, Internet, source, investigation, crime, information, means, artificial intelligence.
Bibliographic list of articles
1. Berova D. M. Features of the use of computer information from the Internet when investigating crimes in the Russian Federation // Gaps in Russian legislation. Legal journal. – 2020. – No. 2. – P. 147-149.
2. Vekhov B.V., Pastukhov P.S. Formation of crime investigation strategies based on the provisions of electronic forensics // Ex jure. – 2019. – No. 4. – P. 129-141.
3. Kolycheva A. N., Vasyukov V. F.: ed. Volevodza A. G. Investigation of crimes using computer information from the Internet. Tutorial. – Prospect, 2021. – P. 200.
4. Lebedev M. D., Savvoev S. A. The use of artificial intelligence in the investigation of crimes // Questions of student science. – M.: Moscow Academy of the Investigative Committee of the Russian Federation, 2020. – No. 7 (47). – pp. 73-77.
5. Razdoburdin V.V., Shpak N.M. On the possibilities of using modern information technologies in the investigation of crimes // Scientific support of the agro-industrial complex. – 2019. – pp. 1377-1380.
CRIMINALISTICS
DYRMA Sergey Valerjevich
senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
ON THE ISSUE OF INTERACTION OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION WITH CREDIT ORGANIZATIONS IN THE IMPLEMENTATION OF OPERATIONAL INVESTIGATIVE ACTIVITIES
The article discusses the features of the legal regulation of the interaction of the internal affairs bodies of the Russian Federation with credit institutions. The article describes the current state, as well as prospects for the development of interaction between internal affairs bodies and credit organizations through the prism of improving activities to combat crimes committed using information and communication technologies. The author substantiates the need to improve the regulatory legal regulation of the interaction of the internal affairs bodies of the Russian Federation with credit organizations in the implementation of operational investigative activities.
Keywords: interaction, legal regulation, information and communication technologies, banking secrecy, operational investigative activity.
Bibliographic list of articles
1. On banks and banking activities: Federal Law of the Russian Federation of December 2, 1990 No. 395-1 // SPS “ConsultantPlus” (date of access: 11/01/2023).
2. On operational investigative activities: Federal Law of the Russian Federation of August 12, 1995 No. 144-FZ // SPS “ConsultantPlus” (date of access: 11/01/2023).
3. Gumarov I. A., Sayetgaraev V. F. Some problems of organizing the work of operational units of internal affairs bodies to combat general criminal fraud // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (32). – pp. 224-230.
4. Dyrma S. V. Development of IT Crime as a trigger for improving the activities of internal affairs bodies / Materials of the V All-Russian scientific and practical conference “Ensuring public safety and combating crime: tasks, problems and prospects.” Under the general editorship of S. A. Butkevich. – Krasnodar, 2023. – pp. 113-117.
CRIMINALISTICS
EVLUSHINA Darya Nikolaevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
ON CERTAIN ASPECTS OF THE USE OF DIGITAL TRACES DURING THE INVESTIGATION OF CRIMES IN THE FIELD OF INFORMATION TECHNOLOGY
The article examines certain aspects of the use of digital traces in the investigation of crimes in the field of information technology, in order to identify the perpetrators. The author pays attention to the factors that reduce the effectiveness of detection and investigation of crimes in this category. The work highlights the preventive measures of these acts.
Keywords: digital footprint, crimes, law enforcement agencies, information technology, counteraction, prevention.
Bibliographic list of articles
1. Sidorova K. S. IP address as one of the personal identifiers in the investigation of crimes // Psychopedagogy in law enforcement agencies. – 2018. – No. 3 (74). – pp. 84-86.
CRIMINALISTICS
EREMIN Sergey Germanovich
Ph.D. in Law, professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE USE OF SPECIAL KNOWLEDGE IN THE INVESTIGATION OF CRIMES AGAINST THE INTERESTS OF THE SERVICE IN COMMERCIAL ORGANIZATIONS
The institute of special knowledge in the context of the preliminary investigation of abuse of authority in commercial and other organizations is seen as particularly relevant, since the very specifics of the encroachment in question (i.e. its pronounced economically oriented nature) naturally determines the impossibility of providing a comprehensive, complete and high-quality investigation by the forces and means of the investigator alone. The involvement of specialists in investigative practice can take place both at the stage of pre-investigation preliminary inspection and at the stage of the actual investigation and can take place in two main forms: operational and consulting (in the format of executing the investigator’s orders and documenting the organization’s activities) or procedural (in the format of various examinations). This article is dedicated to these aspects.
Keywords: special knowledge, expertise, interests of the service, audits, audits.
Article bibliographic listk
1. Kleshchenko Yu. G. On the issue of forensic characteristics of abuse of power (Article 201 of the Criminal Code of the Russian Federation) // Bulletin of Economic Security. – 2021. – No. 2. – P. 267-277.
2. Shmatov V. M., Kuznetsov V. A. Forensic expert activity in the practice of operational units // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (37). – pp. 114-119.
2. Sorokun P.V. Use of special knowledge in the process of investigating corruption crimes in local governments // Epoch of Science. – 2017. – No. 12. – P. 116-125.
3. Yargutova V. Yu. Functional characteristics of a specialist auditor as a subject of knowledge of the circumstances of committing crimes in the economic sphere // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (34). – pp. 370-374.
CRIMINALISTICS
KACHALOV Vladislav Gennadjevich
lecturer of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
PLANNING AND ORGANIZATION OF THE INVESTIGATION OF ILLICIT TRAFFICKING IN TOBACCO PRODUCTS
The article discusses the concept of planning and organization, their importance in the investigation of crimes, problems and ways to solve them that arise during the investigation of crimes related to illicit trafficking in tobacco products. Also, the stages of planning, organizational actions and the role of the head in the activities of the team (investigative task force) in the investigation of crimes related to illicit trafficking in tobacco products are considered. The author considers the statistics of the growth of crimes related to the illicit trafficking of tobacco products.
Keywords: planning and organization of investigation, illicit trafficking of tobacco products, team leader (investigative task force).
Bibliographic list of articles
1. Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption or consumption of nicotine-containing products” dated February 23, 2013 No. 15-FZ (latest edition) // SPS ConsultantPlus.
2. Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption or consumption of nicotine-containing products” dated February 23, 2013 No. 15-FZ (latest edition) // SPS ConsultantPlus.
3. Order of the Government of the Russian Federation of April 12, 2020 No. 991-R on the ANO “National Scientific Center of Competence in the Field of Combating Illegal Trafficking in Industrial Products.”
4. [Electronic resource]. – Access mode: https://gisp.gov.ru/pnopp/analyz-rynkov/ezhekvartalnye-obzory/
CRIMINALISTICS
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
SOME ASPECTS OF THE INTERROGATION OF A MINOR
The article discusses some specific features of the interrogation of minors. Attention is focused on the psychological component of this investigative action, its legal, organizational and communicative aspects are noted, and some interrogation situations are analyzed. Tactical techniques affecting the effectiveness of interrogation with the participation of this category of persons are noted, the methods used by the investigator during interrogation in conflict and conflict-free situations are determined. It is pointed out that the importance of studying the psychological aspects of interrogation is undeniable from both practical and scientific points of view. Specific conclusions have been drawn that could improve the efficiency and effectiveness of the interrogation.
Keywords: interrogation of a minor, interrogation tactics, psychological aspects of interrogation, psychological contact, tactical techniques.
Bibliographic list of articles
1. Osipova M. A. Tactical features of interrogation in cases of crimes committed by employees of collection agencies against debtors and their relatives // Siberian criminal procedural and forensic readings. – 2021. – No. 2 (32). – P. 75-88.
2. Shuvalova M.A. A teacher and a psychologist as two independent procedural figures in criminal proceedings // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 3. – P. 118-123.
3. Cheremisina T.V. Current problems of interrogation and confrontation with the participation of minors // Universum: economics and jurisprudence. – 2020. – No. 6. – P. 20-22.
4. Lebedeva Yu. V. The meaning, structure and correlation of the concepts of “psychological contact” and “establishing psychological contact” in the activities of the investigator // Siberian criminal procedural and forensic readings. – 2021. – No. 3 (33). pp. 60-70.
5. Litvintseva N. Yu. Legal representatives of minor participants in criminal proceedings // News of the Baikal State University. – 2017. – T. 27. No. 4. – P. 568-576.
6. Verdict No. 1-19/2021 dated July 25, 2021, Central District Court of Omsk (Omsk Region). [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ (date of access: 10/20/2023).
7. Bezlepkin B. T. Handbook for investigator and interrogator. – M.: Prospekt, 2021. – 256 p.
8. Verdict No. 1-19/2021 dated July 25, 2021, Central District Court of Omsk (Omsk Region). [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ (date of access: 10/20/2023).
9. Dolzhenko N.I. Features of interrogation of minors in criminal proceedings // Bulletin of Voronezh State University. Series: Law. – 2022. – No. 1. – P. 257-266.
CRIMINALISTICS
KISELEVA Marina Alexandrovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
GONCHAROVA Maria Anatolyevna
Legal Adviser of the Legal Department of the Ministry of Internal Affairs of Russia in Barnaul
FEATURES OF WORKING WITH BIOLOGICAL TRACES AT THE SCENE OF CRIMES AGAINST SEXUAL INTEGRITY OF THE INDIVIDUAL
The article discusses the main means and methods of detecting, fixing and removing traces of biological origin at the scene of sexual crimes. The attention is focused on the peculiarities of working with traces of blood, semen, human odor traces, and also outlines important aspects of the preliminary investigation of these traces at the scene during the investigative examination. The article identifies the main problems of working with traces of biological nature and suggests ways to solve them.
Keywords: forensic examination, examination of the scene, traces of biological origin, sexual crimes, identification of the person.
Bibliographic list of articles
1. Barshev Ya. I. Foundations of criminal proceedings with application to Russian legal proceedings. St. Petersburg, 1841. 324 pp.
2. Expert conclusion No. 8040 dated 07/02/2021 // Archive of the biological examination department of the Forensic Center of the Main Directorate of the Ministry of Internal Affairs of Russia for the Altai Territory.
3. Kokurin G. A. On some aspects of solving sexual crimes // Russian law: education, practice, science. 2021. No. 2. P. 66.
4. Official website of the Erba Group company. [Electronic resource]. – Access mode: https://www.erbalachema.com/ru/about-the-company/about-erba-group/ (date of access: 11/13/2023).
5. Khitev A.P. Work with traces at the scene of an incident, detection, fixation and seizure // Legal science. 2020. No. 12. P. 61-63.
CRIMINALISTICS
KOKOREV Roman Alexandrovich
Ph.D. in Law, Deputy Head of Criminalistics sub-faculty of the Moscow regional branch of the V. Ya. Kikot Moscow University of the MIA of Russia
STAGES OF FORMATION OF THE MECHANISM OF CRIMES COMMITTED USING INFORMATION TECHNOLOGY
It is extremely difficult to imagine effective work on the investigation of committed crimes using information technology without studying the mechanism of commission of the crimes in question. The main content of the study is an analysis of the stages of formation of the mechanism of crimes committed using information technology. Based on the results of the study, the mechanism of the crimes under consideration consists of the initial, main and final stages
Keywords: crimes committed using information technology, the mechanism of crimes, the stages of formation of the mechanism of crimes, concealment of traces of crime, digital traces of crime.
Bibliographic list of articles
1. Kokoreva L.V. Stages of formation of the mechanism of pickpocketing committed in public and private transport // Forensic scientists and their role in improving the scientific foundations of criminal proceedings: Mater. University anniversary scientific and practical work. conf. (to the 85th anniversary of the birth of R.S. Belkin): In 2 parts – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2007. – Part 1. – P. 525-531.
2. Kustov A. M., Kokoreva L. V. The mechanism of contract killing of a terrorist nature // Problems of pre-trial proceedings under the Code of Criminal Procedure of the Russian Federation: Materials of the interdepartmental scientific and practical conference on May 16, 2013 – Ruza: Moscow regional branch of the Moscow University of the Ministry of Internal Affairs of Russia, 2013. – pp. 78-85.
3. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings: monograph. 4th ed., revised. and additional – M.: Norma, INFRA-M, 2018.
4. Rossinskaya E. R., Saakov T. A. Problems of collecting digital traces of crimes from social networks and instant messengers // Forensics: yesterday, today, tomorrow. – 2020. – No. 3 (15). – P. 118.
5. Sidorova K. S. Directions of search actions of an investigator in the information and telecommunication network “Internet” when investigating crimes // Current problems of crime investigation: Proceedings of the All-Russian Scientific Conference in memory of I. F. Gerasimov, Yekaterinburg, January 31, 2020 / Edited by D V. Bakhteeva. Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 135-143.
CRIMINALISTICS
RUSANOV Nikita Yurjevich
senior lecturer of Criminalistics sub-faculty of the Barnaul Law Institute of the MIA of Russia
YATSENKO Sergey Vasiljevich
Ph.D. in Law, associate professor of Forensic expertise and operational investigative activities sub-faculty of the Faculty of Criminology Training of the St. Petersburg Academy of the Investigative Committee
ON SOME TASKS SOLVED DURING AN INSPECTION OF A SITE OF ILLEGAL LOGGING OF FOREST PLANTATIONS
This article is devoted to certain features of preparation for the inspection of the scene of an incident during the investigation of illegal logging of forest plantations. The main tasks are considered, the solution of which will create the most favorable investigative situation when investigating illegal logging of forest plantations. As a task, the authors pay attention to protecting the site of illegal logging of forest plantations. Attention is paid to attract people with special knowledge from various fields. It is proposed to use the possibilities of using an unmanned aerial vehicle with attached video recording camera equipment.
Keywords: illegal logging of forest plantations, inspection of the scene, specialist, inspection tasks.
Bibliographic list of articles
1. Aleksandrov A. N., Rudov D. N. Organization of the work of the investigator (inquirer) at the scene of the incident in criminal cases of illegal logging of forest plantations // Russian investigator. – 2018. – No. 10. – P. 3-6. – EDN XYMVCP.
2. Barkov V.V., Shpak N.M. Forensic characteristics of illegal logging of forest plantations. In the collection: Scientific support of the agro-industrial complex. Collection of articles based on the materials of the 75th scientific and practical conference of students based on the results of research work for 2019. Rep. for the release A. G. Koshaev. – 2020. – P. 1007.
3. Bordonis T. G., Rudich D. S. Study of tree bark in expert practice // Forensic science and forensic examination. Vol. 6. – Kyiv: Kiev NIISE, 1969. – P. 332-342.
4. Vasilyeva M. A., Lavrov V. P. Problems in the activities of internal affairs bodies in the investigation of illegal logging of forest plantations. In the collection: Strategic development of the Russian Ministry of Internal Affairs system: status, trends, prospects. Collection of articles of the International Scientific and Practical Conference. Under the general editorship of I. G. Chistoborodov, A. L. Sitkovsky, V. O. Lapin. – 2020. – P. 159.
5. Maksimov N.V. Peculiarities of inspection of the scene of the incident during the investigation of illegal logging of forest plantations. In the collection: Global environmental safety: current problems of law and practice. Collection of proceedings of the International Scientific and Practical Conference. Edited by M. M. Mukhlynina, A. I. Nikiforov, S. V. Aramilev, M. V. Saltykova, L. R. Sharifullina. – 2018. – P. 186.
6. Meretsky N. E., Pudovikov A. S., Zherdev P. A. Some problems of the initial stage of investigation of illegal logging of forest plantations. In the collection: Belgorod forensic readings. collection of scientific papers. Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2018. – P. 57.
7. Mungalov E. A. Use of technical means during the inspection of the scene of an incident on facts of illegal logging of forests // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2023. – T. 14. No. 1 (51). – pp. 112-117. – DOI 10.37973/KUI.2023.12.61.014. – EDN IRVEZM.
8. Official website of the Federal Forestry Agency. [Electronic resource]. – Access mode: https://rosleshoz.gov.ru/rates/illegal_felling.
9. Skripchenko N. Yu. Current issues of ensuring the safety and sale of illegally felled wood – material evidence in criminal proceedings // Bulletin of Tomsk State University. Right. – 2021. – No. 40. – P. 80-89. – DOI 10.17223/22253513/40/7. – EDN PJZKOH.
10. Unzhakova S.V. Features of the inspection of the scene of the incident during the investigation of illegal logging of forest plantations // News of Tula State University. Economic and legal sciences. – 2016. – No. 3-2. – pp. 449-455. – EDN WYNARD.
CRIMINALISTICS
SAFONOV Denis Andreevich
Ph.D. in Law, Head of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
ACTUAL QUESTIONS OF CRIMINALISTIC CHARACTERIZATION OF HOOLIGANISM COMMITTED BY FOREIGN CITIZENS AND STATELESS PERSONS WITH THE USE OF WEAPONS OR OBJECTS USED AS WEAPONS
The article is devoted to certain problematic issues of criminalistic characterization of crimes related to hooliganism committed by foreign citizens and stateless persons, as well as the importance of criminalistic characterization for the development of criminalistic recommendations to improve the investigation of this type of crime . The article examines the structure of the criminalistic characteristics of the crime under Article 213 of the Criminal Code of the Russian Federation, analyzes itelements and the connections between them. Issue crime statistics and materials of judicial and investigative practice. The main directions of research on this type of crimes are determined.
Keywords: methodology of crime investigation, violation of public order, stateless persons, foreign citizens, criminalistic characterization, migrant.
Bibliographic list of articles
1. Head of the Ministry of Internal Affairs Kolokoltsev: migrants who threaten the safety must be expelled. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6321830.
2. Bastrykin A. I. Combating migrant crime is one of the main factors in strengthening the security of Russia / A. I. Bastrykin // Law and Security. – 2009. – No. 2. – P. 24.
3. Verdict of Lytkarinsky City Court of the Moscow Region dated November 26, 2020 in case No. 1-16/2020 // ATP “ConsultantPlus”.
4. Verdict of the Nizhnevartovsk City Court of the Khanty-Mansiysk Autonomous Okrug-Ugra dated November 18, 2021 in case No. 1-181/2021 // ATP “ConsultantPlus”.
5. Federal Law of December 13, 1996 No. 150-FZ (as amended on February 6, 2023) “On Weapons.” [Electronic resource]. – Access mode: https: //base.garant.ru/10128024/?ysclid=lp5v93r5aw637821831.
CRIMINALISTICS
CHERNIGOVSKIY Vladimir Nikolaevich
Ph.D. in pedagogical science, associate professor of Traceology and ballistics sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities of the Volgograd Academy of the MIA of Russia
THE POSSIBILITIES OF USING A PHYSICO-CHEMICAL METHOD USING A CYANOACRYLATE CHAMBER TO DETECT HANDPRINTS
This article discusses the organization and implementation of the physico-chemical method, which is used in fingerprinting to identify invisible and barely visible handprints on various surfaces. When using this method, there are a number of issues that require clarification, rules of operation and features that may arise during the study of various objects entering the forensic units of the Ministry of Internal Affairs of Russia.
Emerging difficulties in the application of this method by forensic experts can make it difficult, and in some cases lead to the loss of important information, such as handprints. Handprints are a valuable object of research, since with their help it is possible not only to solve a crime in the shortest possible time, but also to identify a specific person who committed this crime. Modern cyanoacrylate chambers, various substances used to detect handprints, various surfaces with their properties, research methods, lack of information, all this requires systematization, generalization and clarification.
Keywords: cyanoacrylate esters, cyanocrylate chamber, physico-chemical method, fingerprinting, handprints, fingerprint examination.
Bibliographic list of articles
1. Typical expert techniques and examination of physical evidence. 8. Part 1 / ed. Yu. M. Dildina; general ed. V. V. Martynova. – M.: ECC of the Ministry of Internal Affairs of the Russian Federation, 2010.
2. Modern methods and means of identifying, removing and examining handprints: textbook. allowance / L. A. Chernitsyn [etc.]. – M.: ECC of the Ministry of Internal Affairs of the Russian Federation, 2010. – 176 p.: 4 tables, 46 ill. – [Electronic resource]. – Access mode: Access from the EC library of the VA Ministry of Internal Affairs of Russia.
CRIMINALISTICS
YUSUPKADIEVA Sadikat Nurmagomedgadzhievna
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ABDURAKHMANOVA Elmira Gasanovna
Ph.D. in biological sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ON THE QUESTION OF THE PROPERTIES AND SIGNS OF PAPILLARY PATTERNS
In the article, the authors reveal general and specific signs of papillary patterns, paying attention to the signs of skin relief, structural features of patterns on the nail phalanges of the fingers and patterns of their central zones. They give a detailed description of the pattern of the central zone of the nail phalanx depending on the number of flows, where the patterns are divided into simple, double and composite, and depending on the direction and shape of the line flows – into three groups : arc, loop and whorl.
Keywords: properties of papillary patterns, signs of papillary patterns, nail phalanges of the fingers, types and types of papillary patterns, flexor (flexion) and white lines, particular signs of papillary patterns.
Bibliographic list of articles
1. Mailis N. P., Yarmak K.V., Bushuev V.V. Fingerprinting and fingerprint examination. – M.: Unity-Dana, 2017.
2. Mailis N. P., Odinochkina T. F., Sokolova O. A. Trasology / Ed. N. P. Mailis. – M.: Shield-M, 2011.
3. Samishchenko S. S. Modern fingerprinting: fundamentals and development trends. Lecture course. – M.: Moscow Psychological and Social Institute, 2004.
4. Samishchenko S.S. Atlas of unusual papillary patterns. – M., 2001.
CRIMINALISTICS
YACHMENEVA Mariya Andreevna
assistant of Criminalistics sub-faculty of the Institute of Law of the Ufa University of Science and Technology
ON THE ISSUE OF SOME PROBLEMS IN THE INVESTIGATION OF CRIMES RELATED TO DRUG TRAFFICKING COMMITTED USING ELECTRONIC OR INFORMATION AND TELECOMMUNICATION NETWORKS, INCLUDING THE INTERNET
The article discusses the relevance of studying the problems of investigating crimes related to drug trafficking committed using electronic or information and telecommunication networks, including the Internet. Some of these problems have been identified and analyzed: the lack of effective techniques and methods for preventing, detecting and investigating such crimes; imperfection of the procedure for including new narcotic drugs and psychotropic substances among those subject to control in the Russian Federation, ways to resolve them are proposed.
Keywords: crime investigation, drug trafficking, electronic and information and telecommunication networks, Internet.
Bibliographic list of articles
1. Shchurova A. S. Illicit trafficking of narcotic drugs and their analogues using computer technologies (Internet): Criminal law and criminological research: Dis. …cand. legal Sci. – St. Petersburg, 2017. – 256 pp.
2. Zemtsova S.I. Subject of proof in the investigation of crimes related to the sale of narcotic drugs, psychotropic substances and their analogues, committed using electronic or information and telecommunication networks (including the Internet) // Modern Law. – 2015. – No. 4. – P. 126-130.
3. Likholetov A. A., Reshnyak O. A. Countering new potentially dangerous psychoactive substances: problems of law enforcement // Narcocontrol. – 2015. – No. 2. – P. 26-30.
CRIMINALISTICS
RUSANOV Nikita Yurjevich
senior lecturer of Criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHEBALIN Alexander Vladimirovich
Ph.D. in Law, associate professor, Head of Criminology sub-faculty of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
ON THE ISSUE OF CRIMINALISTIC CHARACTERISTICS OF THE ILLEGAL PRODUCTION OF SYNTHETIC NARCOTIC DRUGS
The article discusses approaches to the definition of the concept of criminalistic characteristics of a crime, substantiates the possibility of the existence of a criminalistic characteristic of a specific crime. It is shown that the forensic characteristic is a set of information necessary for the nomination and verification of forensic versions.
Keywords: criminalistic characterization of a crime, a criminalistic characterization of a specific crime.
Bibliographic list of articles
1. Belkin R. S. Forensics: problems, trends, prospects. From theory to practice. – M., 1988. – 302 p.
2. Belkin R. S. Forensics: problems of today. Topical issues of Russian criminology. – M.: Norma, 2001. – 237 p.
3. Gerasimov I.F. Theoretical problems of solving crimes: abstract. dis. … doc. legal Sci. – M., 1978. – 45 p.
4. Denisov S. L. The concept of “Forensic characteristics of crime” // Humanitarian, socio-economic and social sciences. – 2015. – No. 5. – P. 67-69.
5. Zemtsova, S. I. The content of the forensic characteristics of a crime as a subject of scientific discussion // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (73). – pp. 25-29.
6. Yablokov N.P. Forensic characteristics of crime and typical investigative situations as important factors in the development of methods for investigating crimes // Issues in the fight against crime. Vol. 30. – M., 1979. – P. 110-122.
CRIMINOLOGY
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
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculy of the Dagestan State University, branch in Izberbash
KAKHRUMANOVA Sharifa Abusupyanovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
UNDERSTANDING CYBERCRIME IN THE “REAL WORLD”
The exponential growth of Internet use around the world is associated with an increase in the number of crimes using the Internet and the cloud, as they provide an increased centralized circle of potential victims and new opportunities both to commit crimes and to evade detection and prosecution. The increased use of social media technologies means that a single criminal can now reach more victims, and the cost and skill level required to commit cybercrimes has decreased. Online communities offer ready-made malware packages (i.e., malware) that can be sold to inexperienced individuals and freely available educational material, allowing ordinary Internet users to delve into the world of cybercrime. It is becoming easier, cheaper and more convenient to commit cybercrime on a large scale.
Training to improve knowledge and provide standardized responses to reports of cybercrime, as well as increased public activity and information support, can help improve the level and experience of countering this category of criminal actions.
Keywords: cybercrime, victims, cyber communities, cloud technology, growth of Internet use, crime prevention.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: https://ru.wikibrief.org/wiki/National_Crime_Agency.
2. The ONS Economic Statistics and Analysis Strategy provides users, stakeholders and researchers clarity on how was working to improve UK economic statistics. – [Electronic resource]. – Access mode: https://www.ons.gov.uk/methodology/classificationsandstandards/economicstatisticsclassifications/onseconomicstatisticsandanalysisstrategyfinancialyearending 2019.
3. Ivantsov S.V., Borisov S.V., Uzembaeva G.I. et al. Current problems of improving the system of measures for criminological prevention of extremist crimes committed using information and telecommunication networks // All-Russian Criminological Journal. – 2018. – T. 12. No. 6. – P. 776-784.
4. Glotina I. M. Cybercrime as a shadow business // Bulletin of the Chelyabinsk State University. – 2016. – No. 6 (388). – pp. 51-57.
5. Kulenko K. N. Problems of cybercrime in the Russian Federation and ways to solve it // Scientific support of the agro-industrial complex. – 2017. – pp. 796-797.
6. Aisakhanova E. S. Reasons and motives for the growth of cybercrime as a global phenomenon of our time // Bulletin of the Chechen State University. – 2017. – No. 4 (28). – pp. 153-155.
7. Nomokonov V. A., Tropina T. L. Cybercrime as a new criminal threat // Criminology: yesterday, today, tomorrow. – No. 1 (24). – 2012.
8. Baturin Yu. M., Zhodzishsky A. M. Computer crime and computer security. – M., 1991. – P. 11.
9. Basarab M. A., Ivanov I. P., Kolesnikov A. V., Matveev V. A. Detection of illegal activities in cyberspace based on the analysis of social networks: algorithms, methods and means (review) // Cybersecurity Issues. – 2016. – Issue. 4 (17). – pp. 11-19.
10. Gaifutdinov R. R. On the issue of the personality typology of computer criminals, taking into account the nature and motivation of their criminal activity // Questions of Russian and international law. – 2017. – T. 7. – No. 4A. – pp. 245-256.
11. Basarab M. A., Ivanov I. P., Kolesnikov A. V., Matveev V. A. Detection of illegal activities in cyberspace based on the analysis of social networks: algorithms, methods and means (review) // Cybersecurity Issues. – 2016. – Issue. 4 (17). – pp. 11-19.
12. Basarab M. A., Ivanov I. P., Kolesnikov A. V., Matveev V. A. Detection of illegal activities in cyberspace based on the analysis of social networks: algorithms, methods and means (review) // Cybersecurity Issues. – 2016. – Issue. 4 (17). – pp. 11-19.
CRIMINOLOGY
BICHENOVA Anna Rolandievna
lecturer of Penal enforcement law and the organization of the execution of punishments not related to the isolation of convicts from the society sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
THE MAIN DETERMINANTS OF FEMALE CRIME IN RUSSIA
This article examines the causes of female crime and its dynamics over the past years. The analysis of statistical data makes it possible to identify groups of crimes that are most often committed by women, to determine their motives and factors contributing to the commission of a socially dangerous act. Also, toassess and identify the determinants of female crime, its indicators in certain regions of the Russian Federation are studied.
Keywords: women’s crime, causes and factors of women’s crime, indicators of women’s crime in certain subjects of the Russian Federation, conditions of women’s detention in places of deprivation of liberty.
Bibliographic list of articles
1. Shemanyuk M. S. Current state of female crime // Bulletin of Science and Practice. – 2022. – T. 8. – No. 5. – P. 535-540.
2. Molev G.I., Anisimova M.S. State and trends of female crime in Russia at the present stage // Science. Society. State. – 2020. – T. 8. – No. 4 (32). – pp. 99-107.
3. Bogdanova K. E. Female crime and its prevention in Russia // Young scientist. – 2021. – No. 33 (375). – pp. 24-28.
4. Shemanyuk M. S. Factors influencing female recidivism // International scientific research journal. – 2023. – No. 2 (128). – P. 1-5.
CRIMINOLOGY
AVERINSKAYA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
RADCHENKO Elizaveta Ivanovna
magister student of the 1st course of the Institute of Law of the Irkutsk State University
CRIMINOLOGICAL ASPECTS OF ORGANIZING PROSTITUTION
The article is devoted to the criminological aspects of the organization of prostitution. Modern criminal legislation is considered with a view to criminalizing the organization of prostitution, the dynamics of the state and structure of the organization of prostitution are studied, the causes and conditions conducive to the commission of such an act are analyzed, and the characteristics of the criminal’s personality are highlighted.
Keywords: organization of prostitution, criminogenic factors, personality of the criminal.
Bibliographic list of articles
1. State of crime: official website of the Russian Ministry of Internal Affairs. – [Electronic resource]. – Access mode: https://mvd.rf/dejatelnost/statistics (date of access: 10.10.2023).
CRIMINOLOGY
ARSLANGEREEV Arslangarey Magomedovich
magister student of the 2nd course of the North Caucasus branch of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Makhachkala
UMARIEVA Fatima Muradovna
magister student of the 2nd course of the North Caucasus branch of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor of the North Caucasus branch of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Makhachkala
CHEMICAL TERRORISM AS A GLOBAL PROBLEM OF OUR TIME
In the process of studying terrorism, it is important to focus on the peculiarities of this phenomenon as a global problem of our time, one of the types of which is chemical terrorism. At present, terrorists are showing increased interest in the possibility of obtaining and using dangerous chemicals in their various states in their criminal practice, since the presence of these components is considered as one of the most effective means of achieving criminal goals. The novelty of the study is expressed in the author’s analysis of practical examples of acts of chemical terrorism against the Russian military on the territory of the DPR and the Zaporozhye region and measures aimed at preventing them.
Keywords: modern terrorism, biochemical terrorism, DPR, Zaporozhye region, the fight against terrorism.
Bibliographic list of articles
1. Kobets P. N. On the need to improve activities to prevent acts of chemical terrorism // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2023. – T. 29. No. 2 (89). – pp. 93-97.
2. Racheev V. G. About some non-traditional especially dangerous forms of modern armed struggle // Security problems: electronic scientific journal. – 2013. – No. 1 (19). – P. 11.
3. Kobets P. N. Improving the legal framework in the field of counteracting chemical terrorism // Scientific portal of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (58). – pp. 58-64.
4. Kachalov V.V., Baranchikova M.V. Terrorism as a global problem of our time // Science and practice. – 2015. – No. 2 (63). – pp. 66-68.
CRIMINOLOGY
NESTERENKO Andrey Vladimirovich
Deputy Head of Law enforcement organization sub-facultyof the North Caucasus Institute for Advanced Training (dranch) of the Krasnodar University of the MIA of Russia
ON THE CLASSIFICATION OF NEGATIVE SOCIAL PHENOMENA RELATED TO CRIME
The article deals with the classification of negative social phenomena associated with crime. The author comes to the conclusion that currently, unfavorable economic, political, medical-psychological, socio-family factors occurring in our society actively influence the high level of crime. At the same time, the author pays special attention to such negative elements as alcoholism and drug addiction, which tend to increase every year and affect the number of socially dangerous acts committed in this state.
Keywords: crime, negative social phenomena, causality, alcoholism, drug addiction.
Bibliographic list of articles
1. Gurnitsky A.V. Poverty as a criminogenic factor // Scientific portal of the Ministry of Internal Affairs of Russia. – 2014. – No. 3 (27).
2. Kosareva L. V. The problem of the interdependence of the biological and social in the formation of the personality of a criminal // Current state and prospects for the development of legal science Collection of articles of the International Scientific and Practical Conference. – Ufa: Aeterna, 2014.
3. Bibikova K. G. Criminogenic factors influencing crime / K. G. Bibikova. – Text: electronic // NovaInfo. – 2020. – No. 112. [Electronic resource]. – Access mode: https://novainfo.ru/artikle/17561 (access date: 11/16/2023).
4. Makogon I.V., Kosareva L.V. Family as the main factor in the socialization of a criminal’s personality // Bulletin of Science and Practice. – 2016. – No. 1.
5. Kara I. S., Kara S. V. Some aspects of introducing criminal liability for organizing begging // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (52).
6. Bashinskaya I. G. Legal regime of police activities in the fight against illegal drug trafficking: Questions of theory and practice // Society and Law. – 2019. – No. 2 (68).
CRIMINOLOGY
STEPANOVA Anna Yurjevna
adjunct of the Faculty of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
THEORETICAL ASPECT OF THE CONTENT OF COUNTERING CRIMES OCCURRING IN PRE-TRIAL DETENTION CENTERS
The article reveals the issues of the content of countering crimes committed in pre-trial detention centers in order to develop the most effective ways to combat this type of crime. One of the main and significant criteria for assessing the effectiveness of the criminal justice system in Russia is to consider the state of crime in institutions that contain special forces; based on this, this research topic is relevant.
Keywords: prevention of female crime, convicts, types of crime prevention, levels of crime prevention.
Bibliographic list of articles
1. Plato. Laws // Plato. Op. in 3 volumes. – M., 1972. – Vol. 3. – Part 2. – P. 219.
2. Aristotle. Politics // Op. in 4 volumes. – M., 1983. – Vol. 4. – P. 297-370.
3. Aristotle. Nicomachean Ethics // Op. in 4 volumes. – M., 1983. – Vol. 4. – P. 288-289.
4. Shikhantsov G. G. Criminology: Textbook. for universities. – M.: Zertsalo-M, 2001. – P. 157.
5. Antonyan Yu. M. Current research on crime in cities and measures for its prevention (Review) // In: All-Russian Scientific Research Institute of the Ministry of Internal Affairs of the USSR. – M., 1980. – P. 114.
CRIMINOLOGY
KHOKHLOV Alexander Vladimirovich
postgraduate student of the second year of study of the Tolyatti State University
THE ROLE OF CRIMINALIZATION IN THE PHENOMENON OF CRIMINAL LAW IMPACT
The article examines some aspects of the scientific problem of determining the limits and stages of criminal legal impact, which have theoretical significance and a basis for developing effective measures to counter crime. The essence of criminalization as a regulator of social processes is analyzed. The problem of legislative consolidation of the limits of criminal legal impact is formulated. Aspects are being developed that reveal the problem of the boundaries of criminal law impact. The article is the fourth author’s publication on the study of the phenomenon of criminal law impact.
Keywords: criminal legal impact, criminalization, criminal law, criminal liability, limits and stages of criminal legal impact, penalization, criminal policy.
Bibliographic list of articles
1. Ozhegov S.I. Dictionary of the Russian language. – M., 1991. – 918 p.
2. Bytko Yu. I. Criminalization as the most important component of criminal policy. // Bulletin of the Saratov State Law Academy. – No. 6 (113). – 2016. – 144 p.
3. Lopashenko N. A. Criminal policy. – M., 2009. – 579 p.
LAW ENFORCEMENT AUTHORITIES
BELOVA Svetlana Nikolaevna
senior lecturer of Physical training and applied martial arts sub-faculty of the St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
THE PROBLEM OF EXCESS WEIGHT IN POLICE AND ITS NEGATIVE IMPACT ON THE PERFORMANCE OF OFFICIAL DUTIES
Currently, an important problem of humanity is overweight as a disease that is associated with metabolism and manifests itself in an increase in body weight due to a large, exceeding the norm, accumulation of adipose tissue in the human body. This problem is of particular importance in the professional sphere of police officers, whose physical form acts as one of the main factors determining the level of success in the implementation of the tasks assigned to the service. In order for a police officer to perform his duties efficiently, along with maintaining mental health, it is imperative to maintain such physical fitness that is optimal for this field of activity, which is enshrined in the norms of Russian legislation. However, an irregular work schedule, a downed daily routine due to the performance of tasks at hours that do not correspond to biological ones, uncontrolled eating, and an “office” regime that a number of police officers have, leading to the formation of excess weight and even obesity.
Due to the high significance of the problem of excess weight of police officers nowadays, it is advisable to analyze its scale, identify the main factors that lead to its occurrence and discuss effective preventive measures that contribute to the expenditure of energy due to physical activity that are necessary and contribute to maintaining normal physiological weight.
Keywords: overweight; overweight physical fitness; prevention of obesity; causes of excess weight; police officers.
Bibliographic list of articles
1. WHO: Obesity and overweight. [Electronic resource]. — Access mode: https://www.who.int/ru/ (access date: 02/12/2023).
2. Kosikovsky A. R. et al. Organization of professional service and physical training in internal affairs bodies: training manual. — M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. — 124 p.
3. Belovolov Yu. K., Ivanova L. A., Yuryev V. S. The problem of obesity in modern society // OlymPlus. Humanitarian version. — 2021. — No. 2 (13). — pp. 96-99.
4. Bichev V. G. Problems of excess weight and the role of physical culture and sports in its prevention // Innovations. The science. Education. – 2021. – No. 32. – P. 2172-2178.
5. Thomas A.V., Panteleev A.F., Kempf E.V. Prevention and treatment of overweight and obesity among employees of internal affairs bodies as a necessary condition for ensuring the effectiveness of professional activities // Current problems in the fight against crimes and other offenses. – 2017. – No. 17-2. — pp. 177-179.
6. Drozdov A. S. The role of the physical culture team of the territorial bodies of the Ministry of Internal Affairs in improving the physical training of employees. — Text: immediate // Young scientist. – 2019. – No. 23 (261). — P. 591-594. [Electronic resource] – Access mode: https://moluch.ru/archive/261/60126/ (date of access: 02.12.2023).
7. Kuchumov D.V., Molchanova A.M. Motivational component of physical training of employees of internal affairs bodies of the Russian Federation // Science-2020. — 2020. — No. 7 (43). — pp. 21-25.
LAW ENFORCEMENT AUTHORITIES
DRUZHININ Andrey Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
LAVRICHENKO Ruslan Konstantinovich
Ph.D. in pedagogical sciences, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
TULSKAYA Elena Anatoljevna
senior lecturer of International police cooperation and combating crime through Interpol channels sub-faculty of the Training Center for Law Enforcement Officers to Participate in Peacekeeping Missions of the VIPK of the MIA of Russia
APPLIED ASPECTS OF ENSURING THE PERSONAL SAFETY OF A POLICE OFFICER DURING AN ARMED ATTACK
This article is devoted to issues related to the application of the basics of physical training of police officers in an armed attack in order not only to solve professional tasks, but also to ensure the personal safety of the defender. The relevance of the chosen topic is due to the fact that today, when training qualified personnel, special attention is not paid to applied aspects, which are of paramount importance. Physical training classes are designed in such a way as to educate and develop basic knowledge, skills and fighting techniques prescribed by law. But at the same time, without paying due attention to other factors that affect the orientation and willingness to make difficult decisions in accordance with the rules and requirements of personal safety.
Within the framework of this study, the authors have made attempts to determine the most effective methods of ensuring the personal safety of a law enforcement officer, as well as the formation of general and holistic recommendations for improving the educational process.
Keywords: physical training, applied aspects, personal safety, law enforcement officer, armed attack, attacker.
Attentive bibliography
1. Stepanov G.I., Babin A.V., Mirzoev A.R. Current problems in the formation of professional skills in the use of combat fighting techniques among employees of internal affairs bodies of the Ministry of Internal Affairs of Russia // Eurasian Legal Journal. – 2020. – No. 1 (140). – pp. 340-342. – EDN NYDSSW.
2. On approval of the Manual on the organization of physical training in law enforcement agencies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450.
3. Ivanov A. I., Mavropulo O. S., Tashchiyan A. A. [et al.] Studying the nature of attacks on police officers in the performance of official duties as the basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia // Scientists Notes from the University P. F. Lesgaft. – 2023. – No. 4 (218). – pp. 130-134.
4. Babin A.V., Lukyanov A.B. Current problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian Legal Journal. – 2021. – No. 9 (160). – pp. 473-475. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114. (date of access: November 23, 2023).
LAW ENFORCEMENT AUTHORITIES
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”
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”
DETERMINANTS OF JUVENILE DELINQUENCY AND PERSONALITY CHARACTERISTICS OF A JUVENILE OFFENDER
In this article, the author examines the main factors that lead to juvenile delinquency. These factors include the upbringing of a teenager, his environment and the presence of bad habits. In addition, the issue of taking into account the personality characteristics of a juvenile offender is considered. The information provided in the study may be useful in the work on prevention and response to crimes committed by adolescents.
Keywords: crime, juvenile, crime determinant, personality, counteraction.
Bibliographic list of articles
1. Ryzhova O. A. Features of juvenile delinquency and preventive measures in modern conditions // Science. Society. State. – 2020. – T. 8. – No. 2 (30). – pp. 131-143.
2. Mukhina T.K. Causes and factors of family troubles // Responsible editor. – 2020. – P. 43.
3. Stoma I. V. Criminological features of the personality of juvenile criminals // Russian deviantological panorama: theory and practice. – 2022. – pp. 100-103.
4. Fedotova E. N. Features of the personality of a minor offender // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 6. – P. 147-150.
SAFETY AND LAW
ARSLANOV Aidar Azatovich
magister student of the direction 42.04.01 “Advertising and public relations”, group MSO-22-01 of the Ufa State Petroleum Technical University
BATYRSHINA Jamilya Rafisovna
magister student of the direction 42.04.01 “Advertising and public relations”, group MSO-22-01 of the Ufa State Petroleum Technical University
KOZLOVA Yuliya Borisovna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum TechniCal University
MUKHAMETCHINA Elina Dinarovna
magister student of the direction 42.04.01 “Advertising and public relations”, group MSO-22-01 of the Ufa State Petroleum Technical University
CURRENT ONLINE COMMUNICATIONS IN RUSSIA: PROBLEMS AND TRENDS
The scientific article puts forward a number of problems related to the development of online communications in the Russian Federation. In addition, the work is devoted to the analysis of modern trends and trends of media communications, which are reflected in everyday practice.
Keywords: communications, online communications, Internet, media, social networks, information, content, blog, trends, brand, strategy, users, gamification, technology, media, blogger, platform.
Bibliographic list of articles
1. Gareev E. S., Akhmadullin I. I., Valitova N. E., Gabdrakhmanova L. N., Gabdulkhakova R. V., Kozlova Yu. B., Kostyleva E. G. Theory and practice of advertising and public relations. Textbook for students majoring in “Advertising and Public Relations” Part 1. Public relations and advertising: organization, legal and scientific support of professional activities. – Ufa, USPTU Publishing House, 2018. – 345 p.
2. Gabdulkhakova R.V., Kozlova Yu.B., Grogulenko N.V. The role of Internet communications in promoting the image of the city // Eurasian Legal Journal. – 2021. – No. 01 (152). – pp. 429-431.
3. Kouba M., Kozlova Yu. B. Optimization of means of communication in modern post-industrial society / In the collection: State of the future: current problems of socio-economic and political-legal development, a collection of articles based on the materials of the IV International Scientific and Practical Conference dedicated to the 70th anniversary USPTU. – 2018. – pp. 269-272.
4. Kozlova Yu. B. Gamification in the system of modern higher education: theoretical foundations and practical significance // History and pedagogy of natural science. – 2022. – No. 1.
SAFETY AND LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
GENERAL CHARACTERISTICS OF CRIMES AND OFFENCES ON THE “INTERNET”
Increased environmental variability associated with new threats and challenges forces the law enforcement and defense sectors to be in a state of readiness to respond and protect the country from the attacks of intruders. Undoubtedly, the aggravation of relations in the world political arena, the intensification of negative attitudes (and sometimes aggression) towards our country, as well as the presence of domestic socio-economic problems has an impact on the growth of crime in the country and the criminogenic situation.
Current statistics show that today a greater number of crimes and offenses are committed using modern information technology tools and resources of the Internet.
In addition to progressive changes, the information technology tools and resources of the Internet bring new challenges and threats related to the growth of cybercrime. The unification of the entire world community into a single information field has made it convenient to commit a wide range of administrative offenses and crimes through the resources of the Internet and modern information technology tools.
Cybercrime is a threat to the security of the entire global community. Due to the wide reach of the audience online, the complexity of investigating this type of crime, high confidentiality and inability to navigate the peculiarities of modern crisis information and communication interaction, there is an annual increase in cybercrime around the world.
The purpose of this academic work is to highlight the main types of crimes and offenses carried out with the use of Internet resources, as well as to analyze the challenges and threats from the main types of cybercrime.
Keywords: cybercrimes, mass media, the Internet, countering crimes against Russia, crimes on the Internet, fakes, information protection, cyberattack, cybercriminal.
Bibliographic list of articles
1. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest edition).
2. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on February 4, 2021).
3. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on December 30, 2020).
4. Alieva E. A. The Internet as a means of committing depraved acts // Gaps in Russian legislation. – 2017. – No. 4. – P. 180-182.
5. Batukhtin M. E. KibErcrimes: causes, types, forms, consequences, directions of counteraction // Problems and prospects for the development of the Russian penal system at the present stage Proceedings of the International Scientific Conference of Adjuncts, Postgraduate Students, Cadets and Students, 2018.
6. Gauzhaeva V. A., Prokofieva E. V., Prokofieva O. Yu. Crime on the Internet: criminological characteristics // Bulletin of Economic Security. – 2019. – No. 4. – P. 111-114.
7. Karpova D. N. Cybercrime: a global problem and its solution // Power. – 2014. – Volume 22. – No. 8. – P. 46-50.
8. Sukhodolov A.P., Ivantsov S.V., Borisov S.V., Spasennikov B.A. Current problems of preventing crimes in the economic sphere committed using information and telecommunication networks // Baikal State University, Irkutsk, Russian Federation All-Russian criminological journal. – 2017. – T. 11. No. 1. – P. 13-21. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-preduprezhdeniya-prestupleniy-v-sfere-ekonomiki-sovershaemyh-s-ispolzovaniem-informatsionno.
9. Tropina T. L. Cybercrime. – Vladivostok, 2009.
10. Tropina T. L., V. A. Nomokonov Cybercrime as a new criminal threat // Criminology of Internet spaces. – 2012. – No. 1 (24).
11. Urban V.V. Crimes committed using information and telecommunication networks: general characteristics and criminal procedural measures to counter them // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (88). – pp. 55-63.
SAFETY AND LAW
KOVSH Sergey Vladimirovich
lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
DEZHURNIY Anatoliy Alexeevich
Ph.D. in Law, professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Khabarovsk
KORENYUGIN Vitaliy Valerjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
LEGAL REGULATION OF ENSURING THE INFORMATION SECURITY OF MINORS IN THE CONTEXT OF THE DEVELOPMENT OF THE INFORMATION SOCIETY
The article examines the features of legal regulation of ensuring the information security of minors in the Internet space. The main types of information that are unsafe for young people are identified. A legislative solution to the issues of protecting the rights and legitimate interests of minors is proposed, as well as organizational and technical measures in the form of monitoring Internet resources, blocking Internet sites containing pornographic information, as well as sites containing information about inciting teenagers to violence, cruel treatment, and extremism, terrorism, incitement to hatred, calls for participation in unauthorized events and other actions of a technical nature.
Keywords: security in telecommunication networks, minors, cyberbullying, website forums, information products, regulatory framework in the field of information security.
Bibliographic list of articles
1. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 (official text: as of July 1, 2020) // Ross. newspaper. – 1993. – December 25; Ross. newspaper. – 2020. – No. 144. – Art. 8198. // SPS Garant
2. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on August 4, 2023) (as amended and supplemented, entered into force on October 12, 2023). [Electronic resource]. – Access mode: SPS Consultant Plus.
3. Federal Law of December 29, 2010 No. 436-FZ “On the protection of children from information harmful to their health and development” (as amended on April 28, 2023). [Electronic resource]. – Access mode: SPS Consultant Plus.
4. Malysheva O. V. Information security of minors: legal aspect. [Electronic resource]. – Access mode: https://nsportal.ru/ap/library/drugoe/2017/05/12/informatsionnaya-bezopasnost-esovershennoletnih-pravovoy-asspekt?ysclid=lbd8xhweb0208128159.
5. Magdilova L. V. Legal framework for ensuring information security of minors. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-osnovy-obespecheniya-informatsionnoy-bezopasnosti-nesovershennoletnih/viewer.
6. Algavi L. O., Kadyrova Sh. N., Rastorgueva N. E. “Blue Whale”: five aspects of the news narrative // Bulletin of RUDN University. – 2018. – T. 22. No. 4. – P. 660-668.
SAFETY AND LAW
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
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
FEATURES OF PREVENTION MEASURES IN RELATION TO CRIMES OF A TERRORIST NATURE AND EXTREMIST ORIENTATION
Crimes of a terrorist nature and extremist orientation are one of the destructive factors of modern society. Modern realities in various countries show the insufficiency of developing methods of combat and means of preventing them. The process of preventive measures should be systematic. Regulatory legal acts in relation to this category of crimes are constantly undergoing changes. Terrorism and extremism are a threat to the national security and social stability of any State. The purpose of the article is to reveal the features of preventive measures in relation to crimes of a terrorist nature and extremist orientation.
Keywords: extremism, terrorism, prevention, suppression, prevention.
Bibliographic list of articles
1. Abyzov R. M. On the concept and causes of extremism in Russian law. Extremism: social, legal and criminological problems. – M., 2005. – P. 27.
2. Popov I. A. Current problems of prevention, detection and investigation of terrorist acts // Russian investigator. – 2013. – No. 19. – P. 38-44.
3. Kadakoeva M. M., Stroikova A. S. Youth extremism // Improving the fight against organized crime, corruption and extremism. – M.: Ros. Criminological Association, 2008. – P. 263.
4. Luneev V.V. Course of world and Russian criminology: in 2 volumes. T. 2. – M.: Yurait, 2011. – P. 872.
5. Information site Vortex-anti-terrorism-Documentation. – [Electronic resource]. – Access mode: http://newsruss.ru/doc/index.php/Vikhr-Antiterror.
6. Chufarovsky Yu. V. Criminology in questions and answers: textbook. – Moscow: Prospekt, 2014. – 144 p.
7. Golina V.V. Criminological prevention, prevention and suppression of crimes: Textbook. allowance. – K.: UZH VO at the Ministry of Higher Education of the Ukrainian SSR, 1989. – 72 p.
SAFETY AND LAW
MAMMADOV Tamiz Saleh oglu
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
BOYTSOV Anatoliy Sergeevich
Ph.D. in Law, Director of the Technosphere Safety Department of the Patrice Lumumba Peoples’ Friendship University of Russia
COMPARATIVE ANALYSIS OF LABOR PROTECTION STANDARDS IN THE REPUBLIC OF AZERBAIJAN AND THE REPUBLIC OF TURKEY
Labor law, the purpose of which is to regulate the rights and responsibilities of workers, is one of the important issues that forms the basis of the economy of any country. The article considers occupational safety standards applied in the Republic of Azerbaijan and the Republic of Turkey. The definitions, meanings, scope and purpose of both laws are explained, and the differences in occupational safety issues are highlighted. The differences and similarities arising from the comparison play an important role in terms of creating effective joint infrastructure projects between the Republic of Azerbaijan and the Republic of Turkey, especially in the field of construction and industry.
Keywords: safety standards, occupational safety, law, Republic of Azerbaijan, Republic of Turkey.
Bibliographic list of articles
1. Kaçmaz, Haydar. İş Sağlığı ve İş Güvenliği Konularında Devletin, İşverenin, İşçinin Görev ve Sorumlulukları // İş Sağlığı ve Güvenliği Kongresi, Adana: TBMMO, 2-3 Mayıs 2003 . – S. 119.
2. İş Sağlığı ve Güvenliği Yönetmeliği. – [Electronic resource]. – Access mode: www.calisma.gov.tr/birimler/isggm/dosya, (Çevrimiçi) 04/05/2006.
3. Öznaz, Demet. 4857 Sayılı Yeni İş Kanunu Perspektifinde İş Sağlığı ve Güvenliği Yönetimi ve Tekstil Sektöründe SA 8000 Uygulaması // Marmara Üniversitesi Sosyal Bilimler Enstitüsü (Yayınlanmamış Y üksek Lisans Tezi). – İstanbul, 2005. – S. 52.
4. İş Sağlığı ve Güvenliği Yönetmeliği. – [Electronic resource]. – Access mode: www.calisma.gov.tr/birimler/isggm/dosya) (Çevrimiçi) 03/15/2006.
SAFETY AND LAW
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
BASHIROVA Diana Vladimirovna
magister student of the Ufa State Petroleum Technical University
FEDOSOVA Elizaveta Artemovna
magister student of the Ufa State Petroleum Technical University
ZARIPOV Ilnur Irekovich
magister student of the Ufa State Petroleum Technical University
CHANGING THE LEGAL REQUIREMENTS FOR THE PROCEDURE FOR PROVIDING EMPLOYEES WITH PERSONAL PROTECTIVE EQUIPMENT
Comparative analysis of old and current requirements for the procedure for providing employees with personal protective equipment. Recommendations for employers on the transition to a new standards for providing employees with personal protective equipment.
Keywords: occupational injuries, personal protective equipment, unified standard norms, standard industry norms.
Bibliographic list of articles
1. Abdrakhmanova K. N., Shabanova V. V., Fedosov A. V. et al. Application of modeling the process of accident development and risk assessment to ensure the safe operation of oil and gas complex facilities // Safety of technogenic and natural systems. – 2020. – No. 2. – P. 2-13.
2. Fedosov A.V., Shabanova V.V. Features of a risk-oriented approach in the field of industrial safety // Mining information and analytical bulletin. – 2019. – No. S7. – pp. 206-215.
3. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in labor safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – P.395-396.
4. Bakhonina E. I., Nasibullina V. A., Tazhetdinova A. A., Yakhina E. N. Changes in labor protection legislation related to the procedure for assessing professional risk // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 387-388.
5. Fedosov A.V., Idrisova K.R., Nasibullina V.A., Konstantinova O.V. Review of changes in legislation establishing requirements for organizations operating equipment under excess pressure // Eurasian Legal Journal. – 2021. – No. 7 (158). – pp. 454-456.
6. Bakhonina E. I., Nasibullina V. A. Review of changes in legislation establishing requirements for assessing professional risks at an enterprise // Safety of technogenic and natural systems. – 2022. – No. 2. – P. 31-35.
SAFETY AND LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
PATRIOTIC EDUCATION AS AN ESSENTIAL COMPONENT OF ENSURING NATIONAL SECURITY RUSSIAN FEDERATION
It is impossible to imagine the formation of the trajectory of the fundamental development of the Russian state during the aggression of foreign countries without an actual model of patriotic education of the younger generation. This is the main lever of modern society, contributing to the rational and systematic counteraction to modern challenges and threats. The intensification of negative sentiments of the entire world community towards the Russian Federation due to the special military operation in Ukraine, the activities of illegal armed and radical organizations, the growth of crimes in the field of cyberspace and the information war emanating from unfriendly states forces citizens to pay attention to such enduring values as patriotism, a sense of duty and responsibility to their Homeland.
The purpose of this scientific research is to analyze the patriotic education of the younger generation through the prism of ensuring national security in modern Russia and to develop proposals for the formation of a modern concept of patriotic education of children and adolescents, the revival of high moral values and ideals.
The concept of patriotic education of the younger generation should contain the promotion of a healthy lifestyle, a culture of moral values and ideas, generational continuity, orientation towards the socio-economic and cultural heritage of society, protection of the family, motherhood and childhood, and most importantly, the optimal combination of domestic traditions, modern experience and achievements of scientific schools.
Keywords: patriotic education, educational work, patriotism, national security, Motherland.
Bibliographic list of articles
1. Batyrshina L.V. Patriotic education as one of the components of national security. [Electronic resource]. – Access mode: https://studopedia.ru/24_27466_patrioticheskoe-vospitanie-kak-odna-iz-sostavlyayushchih-natsionalnoy-bezopasnosti.html.
2. Bocharov S. N. Organizational and legal principles of working with personnel of internal affairs bodies: a textbook, ed. Ph.D. legal sciences, prof. S. N. Bocharova. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2017.
3. Malchenkova V.V. Patriotic education in the professional training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Modern science-intensive technologies. – 2019. – No. 11 (part 2) – pp. 337-341
4. Ovchinnikov O. A. Patriotic education of cadets and its types. — Text: immediate // Young scientist. – 2014. – No. 15 (74). – pp. 293-295. [Electronic resource]. – Access mode: https://moluch.ru/archive/74/12561/ (date of access: 09.22.2023).
5. Petelin A. S., Volkova S. A. Theoretical and methodological substantiation of patriotic education of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia / Voronezh State Pedagogical University // News of the Voronezh State Pedagogical University. – 2023. – No. 1 (298). – pp. 56-61.
EDAGOGY AND LAW
KOVALISHINA Kseniya Viktorovna
magister student of the Crimean branch of the Russian State University of Justice, Simferopol
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE ISSUE OF THE REGULATION OF BLOGGING ACTIVITY IN THE CONTEXT OF THE INFLUENCE ON THE FORMATION OF THE PERSONALITY OF A MINOR (PSYCHOLOGICAL AND PEDAGOGICAL ASPECT)
The article discusses the influence of bloggers on the formation of the personality of a minor. Based on the research conducted, the authors came to the conclusion that it is necessary to use an integrated approach to solve the identified problem, including using a certain pedagogical and or psychological impact.
Keywords: bloggers, minors, prevention of offenses, public responsibility, blogging activity.
Bibliographic list of articles
1. Biketova Ya. O., Valeeva A. F. Information and communication activities as a factor in the development of personal capital of industrial youth // VEPS. 2015. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informatsionno-kommunikativnaya-deyatelnost-kak-faktor-razvitiya-lichnostnogo-kapitala-proizvodstvennoy-molodezhi (date of access: 09/06/2023).
2. Strigankova E. Yu. The phenomenon of communication in the communicative situation of the information society // Bulletin of PAGS. 2012. No. 3 (32). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomen-obscheniya-v-kommunikativnoy-situatsii-informatsionnogo-sotsiuma (date of access: 09/06/2023).
3. Klinkova D. A. Blogger’s discourse: social and communicative aspect // Vestn. Tver. state un-ta. Ser. “Philosophy”. 2021. No. 1. P. 78-84.
4. Kuznetsova E. A., Zinovyeva E. V. Opinion leaders in the digital environment as a resource for the prevention of deviant behavior among young people // Prevention of deviant behavior in children and youth: regional models and technologies: materials of the II International. scientific-practical Conf., Yalta, 8-10 Oct. 2020 / Crimea. federal University named after V. I. Vernadsky. Simferopol, 2020. pp. 362-365.
5. Voropaev D. A. Blogger as an agent of legal socialization // Bulletin of the Academy of the Ministry of Internal Affairs of the Republic of Belarus. 2021. No. 2 (42). pp. 48-53. [Electronic resource]. – Access mode: https://elib.amia.by/handle/docs/6267
6. Alekhin A. N., Ostasheva E. I. Features of personality formation in adolescence as indicators of the quality of the educational environment // Psychological Science and Education. 2013. Volume 18. No. 6. pp. 13-18.
7. Zemskova D. D. Main directions of digital education: competency-based approach // Digital education: realities and prospects: Collection of materials of the International scientific and practical conference. Moscow, September 15, 2022. Moscow: Non-state educational private institution of higher education “Moscow Institute of Psychoanalysis”, 2022. P. 214-219. – EDN VYYMIO
8. Emelyanenko V.D. The Internet and the spiritual world of man: a value-worldview approach // Bulletin of Minin University. 2017. No. 4 (21). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internet-i-duhovnyy-mir-cheloveka-tsennostno-mirovozzrencheskiy-podhod (date of access: 11/01/2023).
9. Zhigalova E. S., Nechaev M. P. The influence of the Internet environment on the education of a modern teenager // ASOU Conference: collection of scientific papers and materials of scientific and practical conferences. 2019. No. 1. P. 295-300. – EDN FXHMAI.
EDAGOGY AND LAW
KRAUTMAN Tatyana Evgenjevna
Ph.D. in philological sciences, associate professor of Humanitarian and socio-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
USING OF LINGUISTIC EXAMINATION OF EXTREMIST TEXTS IN TEACHING OF FOREIGN LANGUAGES IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the prerequisites for using the fundamentals of linguistic expertise in teaching of foreign languages to be able to analyze conflict-prone texts with extremist content. The relevance of addressing to the linguistic aspect is determined, related to modern geopolitical conditions and the need to develop a system of methods, tools and ways for conducting language research that meets the requirements of jurisprudence.
Keywords: linguistic examination, educational organizations of the Ministry of Internal Affairs of Russia, foreign language.
Bibliographic list of articles
1. Balatskaya Yu. Yu., Krautman T. E. Features of the lexical-semantic fields of the concepts extremism / extremism, terrorism / terrorism in Russian and English languages // Kazan Science. – 2021. – No. 10. – pp. 125-127.
2. Butkevich S. A., Konopleva A. A. The role and place of educational organizations in the system of preventing terrorism and extremism // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (3). – pp. 248-253.
3. Golev N. D. Statement of problems at the intersection of language and law // Jurislinguistics – 1. Problems and prospects. – Barnaul, 1999. – P. 4-11.
4. Golev N. D., Matveeva O. N. Legal linguistic examination: at the intersection of language and law. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yurislingvisticheskaya-ekspertiza-na-styke-yazyka-i-prava-2/viewer.
5. Grachev M. A., Grachev A. M. Modern problems of linguistic forensics as a science // Bulletin of Cherepovets State University: Philological Sciences. – 2015. – No. 1. – P. 26-29.
6. Matveeva O. N. Legal linguistic expert research: prospects and ways of improvement // Theory and practice of linguistic analysis of media texts in forensic examinations and information disputes: Materials of an interregional scientific and practical seminar. – M., 2002.
7. Shagieva G. R. On the issue of linguistic expertise // Law: retrospective and perspective. – 2020. – No. 2 (2). – pp. 124-129.
EDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, ass.ociate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University (branch in Sterlitamak)
BOGATYREVA Yuliya Olegovna
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University (branch in Sterlitamak)
LATYPOV Nuriddin Nemadjon ogli
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University (branch in Sterlitamak)
THE PROCESS OF SOCIO-CULTURAL ADAPTATION OF FOREIGN STUDENTS IN RUSSIAN UNIVERSITIES
This article discusses the features and types of adaptation. The main aspects are analyzed. Difficulties and barriers for adaptation that arise during the period of study of foreign students at a Russian university are formulated. International cooperation in the field of education not only increases the world level of educational institutions, but also has a positive effect on increasing cultural exchange, flexibility of thinking and more developed communication, as well as on successful intercultural interaction of countries, the development and promotion of educational and scientific activities. All this leads to the strengthening of intercultural relations, both between countries and among communities, peoples and nations within the same country. Basic types of adaptation of foreign students as biological and psychological were considered in the course of our research. Also much attention was paid to socio-cultural adaptation as one of the main components of psychological adaptation. The text gives valuable information on methods of socio-cultural adaptation of foreign students to a new environment, contributing to the early immersion in the educational process. There were also identified problems to early adaptation in the form of adaptation barriers. Conclusions are drawn that the degree and quality of the organization of interpersonal interaction and mutual understanding between students, as well as, between teachers and students of an educational institution is important for overcoming them.
Keywords: adaptation, socio-cultural environment, foreign students, adaptation barriers, socio-cultural integration.
Bibliographic list of articles
1. Arefieva A.V., Fateeva N.M., Glukhikh T.A., Turysheva A.A. Adaptation of students to educational stress // Health and education in the XXI century. – 2012. – No. 1.
2. Babakhan Yu. S. Basic psychological mechanisms of adaptation of students to educational activities // Psychological Journal. – 2003. – No. 6.
3. Boronina L.N., Vishnevsky Yu.R., Didkovskaya Ya.V. et al. Adaptation of freshmen: problems and trends // University management: practice and analysis. – 2001. – No. 4 (19).
4. Vitkovskaya M. I., Trotsuk I. V. Adaptation of foreign students to the conditions of life and study in Russia (using the example of RUDN University) // “Bulletin of RUDN University. Series “Sociology”. – M., 2003.
5. Elgina L. S. Social adaptation of students at the university // Vestn. Buryat, state un-ta. – 2010. – No. 5.
6. Latypova E. R. Intercultural communication in the modern world // Collection of materials of the International Scientific and Practical Conference. Editorial Board: N. V. Matveeva. – 2018.
7. Lebedeva O. A., Skopina Yu. I. Problems and difficulties of adaptation of foreign first-year students to living and studying conditions in Russia // Psychology and pedagogy: methods and problems of practical application. − 2014. − No. 35-1.
8. Maksimchuk E. D. Features of intercultural adaptation of foreign students and justification for the choice of methods for its research // Bulletin of SUSU. Series: Psychology. – 2014. – No. 1.
9. Ryabkova S. L. Analysis of the characteristics of the contingent of foreign students studying at the UNGASU under the pre-university preparation program // Proceedings of the Congress of the 16th International Scientific and Industrial Forum “Great Rivers 2014”. − N. Novgorod: Publishing house NNGASU, 2014. – T. 2.
EDAGOGY AND LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
MIRZAEV Zakir Mukailovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
MIRZAEVA Zeinab Zakirovna
senior lecturer of the Dagestan State Pedagogical University
INDEPENDENT WORK OF STUDENTS
This article is dedicated to the formation of effective independent work of students in the educational process. A model of organizing independent work of students has been developed and scientifically substantiated. This article describes the development of students’ independence, responsibility, organization and creativity in solving problems they face at different levels. The article is devoted to the independent work of students at the university. It analyzes various types of independent work. This article examines the role and importance of students’ independent work, and also provides arguments in favor of the need to create a new organizational model.
Keywords: concept, independent work at the university, pedagogical, education, student’s scientific work.
Bibliographic list of articles
1. Fundamentals of pedagogy and psychology in higher education / Ed. A. V. Petrovsky. – M., 1986. – P. 129.
2. Shcherbakova E. V. Independent work of students as the most important component of the organization of the educational process at a university // Young scientist. – 2010. – No. 8 (19). – T. 2. – P. 188-190.
EDAGOGY AND LAW
MEISUROV Shamil Suleymanovich
postgraduate student of Legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
PROBLEMS OF MODERN LEGAL EDUCATION IN THE CONTEXT OF THE FORMATION OF THE INFORMATION SOCIETY
Legal education has rediscovered its potential in the realities of the development of modern information and digital technologies. At the same time, the risks leading to negative manifestations in the legal environment in general and in its educational and legal clusters, in particular, have become more relevant. Human rights are a key aspect that requires special attention. The purpose of the article is to develop an effective educational and legal format using positive elements of information and communication technologies. Such a model creates the appropriate prerequisites for the legal environment necessary for the full protection of human rights.
Keywords: legal education, information and digital technologies, human rights, digital skills, legal education.
Bibliographic list of articles
1. Turkaeva L.V. Problems of legal education of students in modern conditions of the digital educational environment // Bulletin of the Ural Institute of Economics, Management and Law. – 2022. – No. 1 (58). – pp. 75-80.
EDAGOGY AND LAW
KHAYRULLOVA Elvira Tagirovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminology sub-faculty of the Kazan Law Institute of the MIA of Russia
INOZEMTSEVA Yuliya Yurjevna
lecturer of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
ERKEEV Ilshat Khamitovich
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
TO SOME METHODS OF ACTIVATING COGNITIVE ACTIVITIES OF STUDENTS
The article discusses the issues of enhancing the cognitive activity of law school students, due to the need to strengthen the connection between the educational process and practical activities. The possibilities of the forensic quiz, considered as one of the methods of activating the cognitive activity of students, contribute to the formation of a practical orientation of the educational process. Based on the analysis of forensic quizzes, the authors propose various proven competitive events and reveal their potential as methods and techniques that contribute to the activation of cognitive activity of students.
Keywords: extracurricular activities, quiz, competitions, activation of the cognitive process.
Bibliographic list of articles
1. Aminev F. G., Boyko Yu. L., Gribunov O. P., Dudaev A. B., Nugaeva E. D. Scenarios for conducting forensic quizzes: Educational and methodological manual. – M.: TsOKR Ministry of Internal Affairs of Russia, 2009. – 72 p.
2. Kudryashova A.V., Gorbatova T.N. The role of the teacher in the process of developing creative independence of students of higher educational institutions // Young scientist. – 2015. – No. 4. – P. 581-584.
3. Polyakova E.I. Integration of classroom and extracurricular activities as a factor in shaping students’ interest in mastering the experience of intercultural interaction // Almanac of modern science and education. – Tambov: Certificate, 2008. – No. 2. Part 2. – P. 149-152.
4. Ryabchikov S. A. On the issue of conducting forensic quizzes in the educational process // Education. The science. Scientific personnel. – 2022. – No. 4. – P. 260-262.
Psychology and Law
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
LIPANIN EvgeniyAlexandrovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
SHEVCHENKO Sergey Vyacheslavovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
YARMUKHAMETOV Azamat Kavievich
lecturer of the cycle of cynology of the Ufa School for Training Specialists in Cynology of the MIA of Russia, major of police
FEATURES OF ADAPTATION OF POLICE OFFICERS TO PROFESSIONAL ACTIVITY
Investigating the content of the term “adaptation”, the authors analyze empirical sources, and come to the conclusion that the term “adaptation” can be considered in two ways, as a process and as a result. Considering the structure of the adaptive potential of the individual, the authors identify components, the development of which will allow a novice police officer to adapt more easily to the work function and the team. As the main components of the adaptive potential of the individual, the authors distinguish: cognitive, motivational and communicative. The authors note that planning of the working day, as well as activities aimed at combating stress, plays a great role in the process of adaptation of a novice police officer. An important role in the process of adaptation of a novice police officer is played by psychological readiness to carry out professional activities, which is important to form on the basis of the principles of consistency and systematicity.
Keywords: police officers, adaptation, psychological readiness, stress resistance, professional adaptation, professional activity.
Bibliographic list of articles
1. Vasilyeva I. A. Social and psychological adaptation of police officers depending on individual psychological characteristics // Bulletin of BSU. Education. Personality. Society. – 2012. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskaya-adaptatsiya-sotrudnikov-politsii-v-zavisimosti-ot-individualno-psihologicheskih-osobennostey (date of access: 10/17/2023).
2. Golub L.N., Medvedeva S.A. Professional adaptation: stages, levels and characteristics // Scientific notes of Lesgaft University. – 2021. – No. 5 (195). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-adaptatsiya-etapy-urovni-i-harakteristiki (date of access: 10/17/2023).
3. Dukhnovsky S.V. Temporal features and personnel risks of police officers during the period of adaptation to official activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 2 (98). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/temporalnye-osobennosti-i-kadrovye-riski-sotrudnikov-politsii-v-period-adaptatsii-k-sluzhebnoy-deyatelnosti (date of access: 10/17/2023).
4. Zhidkova O. A. Psychological assessment of professional burnout of police patrol officers during the period of professional adaptation // Bulletin of the Samara Law Institute. – 2021. – No. 4 (45). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-otsenka-professionalnogo-vygoraniya-sotrudnikov-patrulno-postovoy-sluzhby-politsii-v-period-professionalnoy (access date: 10/17/2023).
5. Zhukovsky S.V. Model of pedagogical support for professional adaptation of military specialists: structural and content characteristics // Domestic and foreign pedagogy. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/model-pedagogicheskogo-soprovozhdeniya-professionalnoy-adaptatsii-voennyh-spetsialistov-strukturno-soderzhatelnaya-harakteristika (date of access: 10.17.2023).
6. Mayurov N.P., Mayurov P.N., Oroeva O.D. Features of professional adaptation of young police officers to the service // Leningrad Law Journal. – 2018. – No. 4 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-professionalnoy-adaptatsii-molodyh-sotrudnikov-ovd-k-sluzhbe (date of access: 10/17/2023).
7. Pinchuk A. N. Social and professional adaptation: from conceptualization to measurement // SNiSP. – 2021. – No. 2 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-professionalnaya-adaptatsiya-ot-kontseptualizatsii-k-izmereniyu (date of access: 10/17/2023).
Psychology and Law
IDRYSHEVA Sarah Kimadievna
Ph.D. in Law, professor of the M. S. Narikbaev University (JSC KAZGUU), Republic of Kazakhstan
SOKOLSKAYA Lyudmila Viktorovna
Ph.D. in Law, associate professor of the State Educational Institution of Higher Education “State Humanitarian and Technological University”
VALENTONIS Aturas Stanislavovich
Ph.D. in Law, associate professor of the State Educational Institution of Higher Education “State Humanitarian and Technological University”
ETHICAL AND LEGAL DILEMMAS ARISING DURING BIOLOGICAL AND SOCIAL EMERGENCIES
The article examines the ethical and legal dilemmas that arise when biological and social emergencies occur. The creation of strict restrictions on previously established social connections called into question the provision of such constitutional rights and freedoms of citizens as the right to work, unhindered movement, etc. The imperfection of national legislation and the forced application of epidemiological restrictions led to the emergence of social problems on a global scale, to the deterioration of emotional state of citizens. The authors formulate proposals for further improvement of legislation, legal education of the population to improve the regulation of social relations in society during biological and social emergencies.
Keywords: emergency, biological-social emergency, pandemic, legislation, social tension.
Bibliographic list of articles
1. Challenges of the pandemic and the strategic agenda for society and the state: socio-political situation and demographic situation in 2021: monograph / Rep. ed. V. K. Levashov, G. V. Osipov, S. V. Ryazantsev, T. K. Rostovskaya. – M.: FNISC RAS, 2021.
2. Didikin A. B., Trinitka D. G. Ethical and legal dilemmas in the era of the global pandemic // Theoretical and Applied Jurisprudence. – 2022. – No. 3 (13).
3. Kostrov A.V., Glushchenko O.O. Accident at the Sayano-Shushenskaya HPP: it is necessary to improve the regulatory legal framework of the RSChS. // “Law and Security”. – No. – 3 (36). October 2010. [Electronic resource]. – Access mode: https://dpr.ru/pravo/pravo_32_17.htm (access date: 10/18/2023).
4. Nestik T. A. Psychological consequences of the pandemic and vitality resources in the context of global risks // Psychological newspaper. [Electronic resource]. – Access mode: https://psy.su/feed/9098/ (date of access: 10/18/2023).
5. Ordobaev B. S., Boronov K. A. Emergency situations. Classification and rules of conduct. – Bishkek: El Elion LLC. – 2017. – 218 pp.
Psychology and Law
YAMALETDINOV Ayrat Aidarovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
SHARAFUTDINOV Ilshat Sabitovich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Cynologists of the MIA of Russia, captain of police
OREKHOVA Natalya Alexandrovna
lecturer of Administrative activity of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
KHOROLSKIY Vladimir Vitaljevich
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
PROBLEMS OF ENSURING THE READINESS OF POLICE OFFICERS TO SERVE IN SPECIAL CONDITIONS
This article discusses the main problems faced by a police officer while serving in special conditions, as well as the methodology of training police officers to serve in extreme conditions. The authors reflect the importance of a practice-oriented approach in the training of police officers and consider the most effective pedagogical methods of training police officers to act in special conditions. The authors analyze the terms “special conditions” and “readiness to act in special conditions”. Special attention is paid to the need to develop psychological stability of police officers, resistance to stressful factors, both social and physical.
Keywords: special conditions, readiness, psychological readiness, police officer, readiness development, preparedness, internal affairs bodies.
Bibliographic list of articles:
1. Bilyk V.I., Mitrakova E.N. Psychological training of employees of internal affairs bodies for actions in extreme conditions: problems and solutions // Psychology and pedagogy of service activities. – 2023. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-podgotovka-sotrudnikov-organov-vnutrennih-del-k-deystviyam-v-ekstremalnyh-usloviyah-problemy-i-sposoby-resheniya (access date: 21.10 .2023).
2. Gromov M. A. Current problems of ensuring the readiness of bodies and units of the Ministry of Internal Affairs of Russia to act in special conditions // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2012. – No. 2 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-obespecheniya-gotovnosti-organov-i-podrazdeleniy-mvd-rossii-k-deystviyam-v-osobyh-usloviyah (date of access: 10/21/2023).
3. Ermolova E. O., Tagiltseva E. A. Neuropsychic stability and character accentuations of employees of internal affairs bodies serving in normal mode and special conditions // Psychopedagogy in law enforcement agencies. – 2022. – No. 4 (91). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nervno-psihicheskaya-ustoychivost-i-aktsentuatsii-haraktera-sotrudnikov-organov-vnutrennih-del-nesuschih-sluzhbu-v-shtatnom-rezhime (date of access: 21.10 .2023).
4. Koinov M. Yu. Methodology for training police patrol officers to act in special conditions // Bulletin of Economics, Management and Law. – 2022. – No. 4 (61). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodika-podgotovki-sotrudnikov-patrulno-postovoy-sluzhby-politsii-k-deystviyam-v-osobyh-usloviyah (date of access: 10/21/2023).
5. Kostyukov A. D. The concept and significance of special conditions for the activities of law enforcement agencies // Eurasian Legal Journal. – 2019. – No. 8 (135). – pp. 273-275.
STATE AND LAW
BUTYAYKIN Ilya Alexandrovich
associate professor of Legal disciplines sub-faculty of the Faculty of Law of the State University of Humanities and Technology
THE USE OF MODERN AND CLASSICAL ELECTION TECHNOLOGIES FOR THE DEVELOPMENT AND REALIZATION OF DEMOCRATIC VALUES IN THE RUSSIAN FEDERATION
The article discusses issues related to electronic voting methods in elections in the Russian Federation, postal voting in elections in the Russian Federation, modernization of the ballot, protection of the voter’s vote from fraud, elections in the Russian Federation – this is the creation of the possibility of controlling the voter’s vote by the voter himself. An important point in the article is given to technologies that allow you to create ballots that can stay in touch with the voter and be controlled by him before and after the elections, the use of modern information and electronic systems to simplify the voting process and reduce the risk of falsification of electoral documents. Special attention is paid to electronic voting methods, which are becoming increasingly popular in our country. Such systems allow voters to vote remotely from the comfort of their homes, which greatly simplifies the process and makes it more accessible to all citizens. The article examines an important aspect of the democratic development of the voting system in elections in the Russian Federation.
Keywords: election law, voting in elections, protection of election documents, SAS “Election”, public services.
Bibliographic list of articles
1. A law on voting in elections by mail has been adopted. – [Electronic resource]. – Access mode: http://duma.gov.ru/news/48542/ (access date: 12/08/2020).
2. Digital footprints: what are they? – [Electronic resource]. – Access mode: https://myshadow.org/ru/digital-traces-content-and-metadata (access date: 12/06/2020).
3. Butyaykin I. A., Polovinkina A. K. Modernization of the voting process in elections in the Russian Federation // Law and practice. – 2018. – No. 3. – P. 36-39. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modernizatsiya-protsessa-golosovaniya-na-vyborah-v-rossiyskoy-federatsii (date of access: 12/06/2023).
4. Butyaykin I. A. Control of the voter’s vote by the voter himself in elections in the Russian Federation // Law and practice. – 2020. – No. 2. – P. 32-3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontrol-za-golosom-izbiratelya-samim-izbiratelem-na-vyborah-v-rossiyskoy-federatsiielections) (date of access: 12/07/2023).
5. Kravchenko O. A. The concept and basis for the classification of distortions of the will of the people during voting // Current problems of Russian law. – 2018. – No. 9 (94). – pp. 82-91. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-osnovaniya-klassifikatsii-iskazheniy-voleizyavleniya-naroda-pri-golosovanii (date of access: 12/06/2023).
6. Electronic voting. Risks and vulnerabilities. – [Electronic resource]. – Access mode: https://evoting.ru/ (access date: 12/06/2023).
STATE AND LAW
KITAEVA Alina Vladimirovna
Ph.D. in Law, associate professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor of Public law sub-faculty of the Samara State University of Economics
FOREIGN EXPERIENCE OF STATE PARTICIPATION IN JOINT STOCK COMPANIES
This article discusses the issues of foreign experience of state participation in joint-stock companies. The author explores various models and approaches used by foreign countries in the management of JSC, including Anglo-Saxon, continental and other systems. Special attention is paid to the mechanisms of state participation in the economy, the goals and features of such participation.
The article also examines the effectiveness and applicability of various management models of a joint-stock company, depending on their size, the number of shareholders and the specifics of their activities. Examples of foreign countries, such as the USA, France, and others, using different models of JSC management, are studied in order to identify the best practices and applicability of these models in the context of different countries and corporations.
Keywords: management model, management system, joint-stock company, state participation.
Bibliographic list of articles
1. Drobyshevskaya L.N. Models of corporate governance: world experience and Russian practice // Young scientist. – 2018. – No. 4. – P. 73-77.
2. Makarova O. A. Problems of typology of corporations // Law. – 2009. – No. 2. – P. 173-183.
3. Proskuryakov D. O. Concept, classification and features of the legal status of state corporations // Young scientist. – 2019. – No. 46. – P. 193-195.
4. Sukhanov E. A. Prospects for corporate legislation and other problems of domestic law // Law. – 2006. – No. 9. – P. 4-8.
STATE AND LAW
KURBANOV Ahmed Ramilovich
student of the 2nd course (majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree) of the extramural paid department of the Institute of Law of the Dagestan State University, Makhachkala
GASANALIEV Aigum Shapievich
Ph.D. in Law, associate professor of Administrative, financial, and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF INTERACTION OF EXECUTIVE AUTHORITIES IN THE RUSSIAN FEDERATION
The article examines the main problems of interaction between executive authorities in the Russian Federation, describes ways to solve these problems.
At the present stage of development of the Russian state, the executive branch plays a key role in ensuring its stable and effective functioning and development.
At the heart of these problems lies a complex network of bureaucratic intricacies. The publication of illegal normative legal acts, the divergence of interests in the performance of the same tasks, the complexity of the bureaucratic machine at the federal, regional and local levels of executive authorities often leading to friction, delays and inefficiency. This creates obstacles to the implementation of a coherent policy and rapid response to dynamic socio-political demands
The problems that arise in the current political, economic, and social conditions in the interaction between executive authorities can have serious consequences in the form of a decrease in the performance of the tasks we are facing.
Keywords: Executive power; executive authorities, functions of executive authorities, bureaucratic system.
Bibliographic list of articles
1. Alekseev I. A., Stankevich G. V., Tsapko M. I., Svistunov A. A., Belyavsky D. S., Khabibulina O. V. Administrative law. Textbook. – M.: Prospekt, 2020. – P. 199-205.
2. Alekhin A.P. Workshop Administrative Law of the Russian Federation. – M.: Mirror, 2020. – pp. 80-86.
3. Ivanov D.V. Administrative law of the Russian Federation. – M.: Synergy University Publishing House, 2020. – pp. 73-77.
4. Starostin S. A., Bakurova N. N., Akhrem I. A. Legal support of public administration and executive power. Textbook for masters. – M.: Prospekt, 2021. – P. 129-336.
STATE AND LAW
PUGINA Varvara Ivanova
master’s degree of the Far Eastern Federal University, Vladivostok
BURNOS Adelina Viktorovna
student of the Far Eastern Federal University, Vladivostok
KHOLOD Egor Konstantinovich
student of the Far Eastern Federal University, Vladivostok
GOMENYUK Victoria Anatolyevna
student of the Far Eastern Federal University, Vladivostok
NESINA Alina Maksimovna
student of the Far Eastern Federal University, Vladivostok
POPULISM AND ITS IMPACT ON THE DESIRE FOR REDISTRIBUTION IN THE CONTEXT OF A PANDEMIC
The article examines the relationship between populist rhetoric and society’s desire for redistribution in the context of the Covid-19 pandemic. The article examines how various forms of populist statements directed against elites and foreigners affect public preferences and needs in social policy. The main focus is on the effects of populism on the subjective perception of risk and interest in redistribution in the context of instability caused by the global pandemic.
Keywords: populism, redistribution, Covid-19 pandemic, social policy, rhetoric, anti-elite slogans, “anti-foreign” rhetoric, public preferences, risk, welfare state.
Bibliographic list of articles
1. Boholm Å. Comparative studies of risk perception: a review of twenty years of research // Journal of Risk Research. – 1998. – No. 1. – R. 64-84.
2. Mares I. Social protection around the world: external insecurity, state capacity and domestic political cleavages // Comparative Political Studies. – 2005. – No. 38. – R. 623-651.
3. Bonikowski B. Ethno-nationalist populism and the mobilization of collective resentment // The British Journal of Sociology. – 2017. – No. 68. – R. S181-S213.
4. Art D. The myth of global populism // Perspectives on Politics. – 2022. – No. 20. – R. 999-1011.
5. Mudde C. (2017) Populism: An ideational approach. In Kaltwasser CR, Taggart P, Espejo PO and Ostiguy P (eds). The Oxford Handbook of Populism. – Oxford: Oxford University Press, 2017. – R. 28-54.
6. Collinson S (2020) Trump seeks a ‘miracle’ as virus fears mount. CNN, February 28.
7. Afonso A. and Rennwald L. Social class and the changing welfare state agenda of radical right parties in Europe. In Manow P, Palier B and Schwander H (eds). Welfare Democracies and Party Politics: Explaining Electoral Dynamics in Times of Changing Welfare Capitalism. – New York: Oxford University Press, 2018. – R. 171-194.
8. Neuner FG and Wratil C. The populist marketplace: unpacking the role of “thin” and “thick” ideology // Political Behavior. – 2022. – No. 44. – R. 551-574.
9. Rehm P. Risk Inequality and Welfare States: Social Policy Preferences, Development and Dynamics. – New York: Cambridge University Press, 2016.
10. Hacker J., Rehm P. and Schlesinger M. The insecure American: economic experiences, financial worries, and political attitudes // Perspectives on Politics. – 2013. – No. 11. – P. 23-49.
STATE AND LAW
GALITSKAYA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
GERMAN Rinatovich Minachev
master’s degree of the Far Eastern Federal University, Vladivostok
GERASHCHENKO Nikita Arturovich
master’s degree of the Far Eastern Federal University, Vladivostok
LYASHEVA Elena Anatolyevna
student of the Far Eastern Federal University, Vladivostok
POPOVA Valeria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
CONTEXT IN MEDIA COMMUNICATION: AN ANALYSIS OF EUROPEAN POLITICAL DISCOURSE
The article provides an analytical overview of the media coverage of political events in European countries, focusing on the role of context in the interpretation and perception of information. Based on data from various studies, the authors consider how common European trends and unique national characteristics affect the formation of a media agenda. In particular, the article analyzes media coverage of the Eurocrisis and elections in different countries, emphasizing the importance of context in understanding political discourse.
Keywords: media communication, political discourse, context, Eurocrisis, elections, national characteristics, media propaganda, interpretation, perception.
Bibliographic list of articles
1. Salgado, S. (2019). Not all about trends: Persistent singularities in election news coverage. In S. Salgado (Ed.), Mediated campaigns and populism in Europe (pp. 165-184). Cham, Switzerland: Springer Nature.
2. Hantrais, L. (2009). International research comparative. Theory, methods, and practice. Basingstoke, UK: Palgrave Macmillan.
3. Park, Y. J., Jang, S. M., Lee, H., & Yang, G. S. (2018). Divide in Ferguson: social media, social context, and division. Social Media + Society. doi:10.1177/2056305118789630
4. Sartori, G. (1970). Concept misformation in comparative politics. The American Political Science Review, 64(4).
5. Vu, H. T., Jiang, L., Chacón, L. M. C., Riedl, M. J., Tran, D. V., & Bobkowski, P. S. (2018). What influences media effects on public perception? A cross-national study of comparative agenda setting. International Communication Gazette.
6. Powers, M., & Vera-Zambrano, S. (2018). The universal and the contextual of media systems: Research design, epistemology, and the production of comparative knowledge. The International Journal of Press/Politics, 23(2), 143-160.
7. Jenson, J. (1978). Comment: The filling of wine bottles is not easy. Canadian Journal of Political Science, 11(2), 437-446.
8. Salgado, S. (2014). The internet and democracy building in Lusophone African Countries. London, UK: Routledge.
9. Swanson, D. (2004). Transnational trends in political communication: Conventional views and new realities. In F. Esser & B. Pfetsch (Eds.), Comparing political communication (pp. 45-63). Cambridge, UK: Cambridge University Press.
STATE AND LAW
MISHCHUK Angelika Igorevna
student of the Far Eastern Federal University, Vladivostok
STEPANOVA Anna Sergeevna
student of the Far Eastern Federal University, Vladivostok
SELINA Tatyana Olegovna
student of the Far Eastern Federal University, Vladivostok
GRISHCHENKO Violetta Viktorovna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF IMMIGRATION POLICY: THE RELATIONSHIP BETWEEN PUBLIC OPINION AND POLICY
This study examines a comprehensive analysis of the immigration policy of European countries, focusing on the interaction between public sentiment and decisions at the state level. The study identifies the main factors determining the direction of immigration policy, and also examines possible variations of this dynamics in various European countries. Special attention is paid to the role of European democracies in shaping and regulating immigration processes on the continent.
Keywords: immigration, Europe, public opinion, public policy, European democracies, regulation, dynamics, immigration policy, interstate relations, globalization.
Bibliographic list of articles
1. Ivakhnyuk I.V. Proposals for Russia’s migration strategy until 2035. – Moscow: Center for Strategic Research, 2017.
2. Concept of state migration policy of the Russian Federation for the period until 2025. Approved by the President of the Russian Federation on June 13, 2012
3. Rybakovsky L. L. Migration of the population: forecasts, factors, policy. – Moscow: Science, 1987.
4. Wlezien C. Public opinion and policy representation: On conceptualization, measurement, and interpretation // Policy Studies Journal. – 2017. – No. 45 (4). – R. 561-582. https://doi.org/10.1111/psj.12190.
5. Statham P., & Geddes A. (2006). Elites and the ‘organized public’: Who drives British politics immigration and in which direction? // West European Politics. – 2006. – No. 9 (2). – R. 248-269. https://doi.org/10.1080/01402380500512601.
6. Welzel, C. (2013). Freedom rising: Human empowerment and the quest for emancipation. Cambridge University Press.
7. Stimson J. A. The dyad ratios algorithm for estimating latent public opinion. Bulletin of Sociological Methodology // Bulletin de Méthodologie Sociologique. 2018. 137-138(1), 201–218. https://doi.org/10.1177/0759106318761614.
8. Van Hauwaert S. M., & English P. Responsiveness and the macro-origins of immigration opinions: Evidence from Belgium, France, and the UK // Comparative European Politics. – 2019. – No. 17 (6). – R. 832-859. https://doi.org/10.1057/s41295-018-0130-5.
9. Stokes, D. Spatial models of party competition // American Political Science Review. – 1963. – No. 57 (2). – R. 368-377. https://doi.org/10.2307/1952828.
10. Soroka S. N., & Wlezien C. Opinion-policy dynamics: Public preferences and public expenditure in the United Kingdom // British Journal of Political Science. – 2005. – No. 35 (04). – R. 665-689. https://doi.org/10.1017/S0007123405000347.
11. Wlezien C. (1995). The public as thermostat: Dynamics of preferences for spending // American Journal of Political Science. – 1995. – No. 39 (4). – R. 981-1000. https://doi.org/10.2307/2111666.
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, senior lecturer of the M. V. Lomonosov Moscow State University
SOROKOUMOV Egor Alexeevich
magister student of the M. V. Lomonosov Moscow State University
“NEW MEDIA” IN THE SYSTEM OF POLITICAL CONFLICTS
Modern political conflicts are increasingly using mass media and communications. Thanks to the rapid development of Internet technologies, the modern world has changed the system and speed of information dissemination, pushing “new media” (electronic media, blogs, Internet news aggregators, social networks, messengers and others) to a leading position in the modern system of mass and political communication.
Keywords: information society, new media, political conflicts, social networks
Bibliographic list of articles
1. Geraskin I.I. Media corporations in modern political processes: technologies and resources of influence // Politbook. – 2021. – No. 3. – P. 151-166.
2. Dmitriev S.S. Digital mobilization: new mechanisms and opportunities for political management // Management consulting. – 2021. – No. 2. – pp. 18-25.
3. Kinash Yu. S. Possibilities of information technologies in modern political conflicts (using the example of the conflict in Libya in 2011) // Politbook. – 2017. – No. 3. – P. 172-183.
4. 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.
LANGUAGE AND LAW
MAKAYEV Khanif Fakhretdinovich
associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
MAKAYEVA Guzal Zaynagievna
associate professor of Foreign languages sub-faculty of the Institute of Economics and Management of the Kazan State University of Architecture and Engineering
IBATULINA Lyutsiya Munirovna
senior lecturer of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
TRANSFORMATIONS IN TRANSLATING LEGAL TEXTS FROM ENGLISH INTO RUSSIAN
The rapid development of all spheres of society, including legal, leads to an increase in the exchange of scientific information and to the demand for its adequate translation. This fact raises the need to determine effective translation methods as a separate type of translation activity. Consequently, there is a need to apply different types of translation transformations when translating legal texts to avoid contextual inconsistencies between the units of the target language and the language of the original source. The work examines lexical, grammatical and complex transformations used in the translation of legal texts. The research methods were analysis, comparison and search. The most frequently used types of transformations when translating legal texts have been identified. The results of the work can be used by teachers, linguists, translators, and students of translation specialties.
Keywords: translation transformation, types of transformations, student, method, teaching, language.
Bibliographic list of articles
1. Gredina I.V. Translation in scientific and technical activities: a textbook. – Tomsk: Tomsk Polytechnic University Publishing House, 2010.
2. Strelkovsky G. M., Latyshev L. K. Scientific and technical translation: a manual for German teachers. language – Moscow: Enlightenment, 1980.
3. Barkhudarov L. S. Language and translation [Text]. – M.: International Relations, 1975.
4. Makaev Kh. F., Makaeva G. Z. Taking into account semantic differences and multivariance of translation of individual components of multi-component legal terms in Russian and English // Eurasian Legal Journal. – 2020.- No. 10 (149). – pp. 442-443.
5. Makaev Kh. F., Makaeva G. Z. Accounting for education, definitions and translation of terms in the legal sphere as a guarantee of their appropriate use // Eurasian Legal Journal. – 2018. – No. 11. – P. 345-347.
ECONOMY. RIGHT. SOCIETY
SEMIN Alexander Nikolaevich
Academician of the Russian Academy of Sciences, Ph.D. in economical sciences, professor, professor of World economy and foreign economic activity sub-faculty of the Ural State Economic University
GUSMANOV Rasul Uzbekovich
Ph.D. in economical sciences, professor, professor of Economics and management sub-faculty of the Bashkir State Agrarian University
SUBKHANGULOV Rustem Raisovich
Ph.D. in economical sciences, associate professor, Head of Management in internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE PROBLEMS OF FORMING THE INNOVATIVE POTENTIAL OF RESOURCE-TYPE INDUSTRIES
The article examines problematic issues in the formation of innovative potential using the example of resource-type industries – agriculture and forestry. The problems affecting the attraction of innovations into production, from the traditional way of life to the financial capabilities of organizations, are considered. The possibilities of using foreign and borrowed innovative products taking into account the imposed sanctions are analyzed. A model of public-private partnership for a scientific cluster is proposed using the example of a region.
Keywords:innovation, innovative potential, agriculture, region, cluster.
Bibliographic list of articles
1. Subkhangulov R.R. Current problems of forming the innovative potential of the region // Moscow Economic Journal. – 2019. – No. 12. – P. 28.
ECONOMY. RIGHT. SOCIETY
ALIEVA Zulfiya Magomedovna
Ph.D. in economical sciences, 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-faculty of the Dagestan State University, branch in Izberbash
IBRAGIMOV Murad Tatamovich
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
THE RELATIONSHIP BETWEEN INCOME INEQUALITY AND ECONOMIC GROWTH
In order to achieve economic growth, politicians are reconsidering their decisions. It is discussed that government policies aimed at reducing income inequality effectively contribute to long-term sustainable growth. On the other hand, theoretical and empirical studies of the impact of income inequality on economic growth are relatively new. Economists are increasingly paying attention to the connections between these variables. Several studies have predicted that the impact of income inequality on economic growth will be positive. Early research concluded that income inequality contributes to economic growth by increasing savings. The research conducted in the article will provide a more complete explanation of how the relationship between income inequality and economic growth arises.
Keywords: income inequality, economic growth, increase in savings, theoretical interrelations.
Bibliographic list of articles
1. Zubarevich N. Regions of Russia: inequality, crisis, modernization. – M.: Independent Institute for Social Policy, 2010. – P. 23.
2. List of countries by income inequality indicators. – [Electronic resource]. – Access mode: https://www.wikisciencecompetition.org/contest/ (date of access: 05.11.2023).
3. Glushchenko K. P. On the assessment of interregional inequality // Spatial Economics. – 2005. – No. 4. – P. 39-58.
4. Aghion P., Caroli E., Garcia-Penalosa C. Inequality and Economic Growth: the Perspective of the New Growth Theories // Journal of Economic Literature. – 1999. – No. 37 (4). – P. 1615-1660.
5. Gershman B. Income inequality and economic growth: a review of econometric studies // Economic science of modern Russia. – 2009. – No. 2 (45). – P. 123.
6. Sharaev Yu. V. Theory of economic growth. – M.: State University Higher School of Economics, 2006. – P. 179.
7. Akaev A. A., Sadovnichy V. A. Global demographic models as a basis for strategic forecast // Projects and risks of the future. – M.: KRASAND, 2011. – P. 17-44.
8. Demirgyuch-Kunt A. Financial services for everyone? Strategies and problems of expanding access / Ashli Demirgüç-Kunt, Thorsten Beck, Patrick Honovan; Per. from English – M.: Alpina Publishers, 2011. – P. 145.
ECONOMY. RIGHT. SOCIETY
BAYRUSHINA Flаrida Fatihovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
DESYATKIN Dmitriy Valerjevich
magister student of the Ufa State Petroleum Technical University
GABBASOVA Elina Igorevna
magister student of the Ufa State Petroleum Technical University
PROBLEMS OF SMALL BUSINESS DEVELOPMENT IN RUSSIA UNDER SANCTIONS PRESSURE
In general, the article is a comprehensive analysis of the state and prospects of small business development in Russia. The article analyzes the trends in the development of small businesses, assesses the impact of large-scale sanctions on the prospects for the development of small businesses. Based on Rosstat statistics, an analysis of key indicators of small business in the period from 2019 to 2021 is presented. The dynamics of international indicators of the state of the business environment for doing business in Russia is analyzed. This gives an idea of the impact that international factors can have on the competitiveness of the business environment in the country. Comparative analysis also helps to understand how sanctions can affect the overall dynamics and stability of small businesses.
Keywords: small business, entrepreneurship, sanctions, ease of doing business, protection of property rights, institutional environment.
Bibliographic list of articles
1. Small and medium-sized businesses in Russia. 2022: Stat. Sat. / M 19 Rosstat. – M., 2022. – 101 p.
2. Bayrushin F. T., Shaibakova E. R., Budkov D. A., Gilyazova A. I. Information protection of the national economy RRussia // Eurasian Legal Journal. – 2022. – No. 11 (174). – pp. 362-363.
3. Special report to the President of the Russian Federation – 2021. SMEs / Post-Covid. Time for systemic solutions. [Electronic resource]. – Access mode: http://doklad.ombudsmanbiz.ru/2021/7.pdf (date of access: 09.11.2023).
4. Cost of business start-up procedures (% of GNI per capita): data.worldbank.org [Electronic resource]. – Access mode: https://data.worldbank.org/indicator/IC.REG.COST.PC.ZS?locations=RU (access date: 11/09/2023).
5. Doing Business in Russian Federation: archive.doingbusiness.org [Electronic resource]. – Access mode: https://archive.doingbusiness.org/en/data/exploreeconomies/russia (access date: 09.11.2023).
6. International Property Right Index in Russian Federation: www.internationalpropertyrightsindex.org [Electronic resource]. – Access mode: https://www.internationalpropertyrightsindex.org/country/russia (date of access: 09.11.2023).
ECONOMY. RIGHT. SOCIETY
BYAKOV Denis Valerjevich
lecturer of Sociology and advertising communications sub-faculty of the A. N. Kosygin Russian State University
SOCIAL FACTORS OF ATTRACTING YOUNG PEOPLE TO SPORTS (REVIEW OF FOREIGN LITERATURE)
Participation in sports events can potentially contribute to improving the health of young people. A necessary condition for young people to benefit from sports is the duration of classes and not leaving the sports section. Research is needed that takes into account both personal and contextual factors in order to reveal the broader health potential of youth sports. The purpose of the study is to review foreign publications that represent studies of the factors of youth involvement in sports clubs and stimulating their long–term sports activity.
Keywords: sports, sports clubs, youth, retirement from sports, duration of classes, conditions, involvement, consolidation.
Bibliographic list of articles
1. Allender S., Cowburn G., Foster C. Understanding participation in sport and physical activity among children and adults: A review of qualitative studies. Health Educ. Res. 2006; 21: 826-835.
2. Andersson E. A referee perspective on the educational practice of competitive youth games: Exploring the pedagogical function of parents, coaches and referees in grassroots soccer. Phys. Educ. Sport Pedagog. 2019; 24: 615-628.
3. Basterfield L., Gardner L., Reilly J. K., Pearce M. S., Parkinson K. N., Adamson A. J., Reilly J. J., Vella S. A. Can’t play, won’t play: Longitudinal changes in perceived barriers to participation in sports clubs across the child –adolescent transition. BMJ Open Sport Exerc. Med. 2016; 2.
4. Crane J., Temple V. A systematic review of dropout from organized sport among children and youth. Eur. Phys. Educ. Rev. 2015; 21: 114-131.
5. Cronin L. D., Allen J. Examining the relationships among the coaching climate, life skills development and well-being in sport. Int. J. Sports Sci. Coach. 2018; 13: 815-827.
6. Deelen I., Ettema D., Kamphuis C. B. Time-use and environmental determinants of dropout from organized youth football and tennis. BMC Public Health. 2018; 18: 1022.
7. Evans M. B., Allan V., Erickson K., Martin L. J., Budziszewski R., Côté J. Are all sport activities equal? A vary systematic review of how youth psychosocial experiences across differing sport activities. Br. J. Sports Med. 2017; 51: 169-176.
8. Fraser-Thomas J., Falcão W., Wolman L. Routledge Handbook of Youth Sport. Routledge; London, UK: 2018. Understanding take-up, drop-out and drop-off in youth sport; pp. 227-242.
9. Fredriksson I., Geidne S., Eriksson C. Leisure-time youth centers as health-promoting settings: Experiences from multicultural neighborhoods in Sweden. Scand. J. Public Health. 2018; 46: 72-79.
10. Gardner L. A., Magee C. A., Vella S. A. Enjoyment and behavioral intention predict organized youth sport participation and dropout. J. Phys. Act. Health. 2017; 14: 861-865.
11. Humbert M. L., Chad K. E., Bruner M. W., Spink K. S., Muhajarine N., Anderson K. D., Girolami T. M., Odnokon P., Gryba C. R. Using a naturalistic ecological approach to examine the factors influencing youth physical activity across grades 7 to 12. Health Educ. Behav. 2008; 35: 158-173.
12. Light R. L., Harvey S., Memmert D. Why children join and stay in sports clubs: Case studies in Australian, French and German swimming clubs. Sport Educ. Soc. 2013; 18: 550-566.
13. Rottensteiner C., Laakso L., Pihlaja T., Konttinen N. Personal reasons for withdrawal from team sports and the influence of significant others among youth athletes. Int. J. Sports Sci. Coach. 2013; 8: 19-32.
14. Säfvenbom R., Geldhof G. J., Haugen T. Sports clubs as accessible developmental assets for all? Adolescents’ assessment of egalitarianism vs. elitism in sport clubs vs. school. Int. J. Sport Policy Politics. 2014; 6: 443-457.
15. Schlesinger T., Löbig A., Ehnold P., Nagel S. What is influencing the dropout behavior of youth players from organized football? Ger. J. Exerc. Sport Res. 2018; 48: 176–191.
16. Seippel Ø. N. Orker Ikke, Gidder Ikke, Passer Ikke? Om Frafallet i Norsk Idrett. Institute for Samfunnsforskning. ISF-Rapport; Oslo, Norway: 2005.
17. Shull E. R., Dowda M., Saunders R. P., McIver K., Pate R. R. Sport participation, physical activity and sedentary behavior in the transition from middle school to high school. J. Sci. Med. Sport. 2020; 23: 385-389.
18. Skille E., Østerås J. What does sport mean to you? Fun and other preferences for adolescents’ sport participation. Crit. Public Health. 2011; 21: 359-372.
19. Temple V. A., Crane J. R. A systematic review of drop-out from organized soccer among children and adolescents. Soccer Soc. 2016; 17: 856-881.
20. Thedin Jakobsson B., Lundvall S., Redelius K., Engström L.-M. Almost all start but who continue? A longitudinal study of youth participation in Swedish club sports. Eur. Phys. Educ. Rev. 2012; 18: 3-18.
21. Wiium N., Säfvenbom R. Participation in Organized Sports and Self-Organized Physical Activity: Associations with Developmental Factors. Int. J. Environ. Res. Public Health. 2019; 16: 585.
ECONOMY. RIGHT. SOCIETY
GAYSINA Gulyamda Ayratovna
magister student of the Faculty of Public and Municipal Administration and Economics of the Bashkir Academy of Public service and Management under the Head of the Republic of Bashkortostan
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
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Industrial safety and industrial ecology sub-faculty of the Institute of Chemistry and Emergency Protection of the Ufa University of Science and Technology; associate professor of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University
CURRENT STATE AND PROSPECTS FOR THE DEVELOPMENT OF GASIFICATION AND GAS SUPPLY IN THE REPUBLIC OF BASHKORTOSTAN
The relevance of the study is that the gas industry plays an important role in the Russian economy, its development is a key factor in ensuring the energy and environmental security of the country, therefore ensuring gas supply and gasification of Russian consumers is becoming one of the main tasks of the development of the domestic gas market and requires closer attention of scientists researchers. The object of the study is the gas industry within the Russian national economy. The subject of the study is the environmental and economic balance in the process of gasification and gas supply in the Republic of Bashkortostan. The purpose of the study is to substantively consider the state and prospects for the development of gasification and gas supply in the Republic of Bashkortostan. It was revealed that over the past three years, almost 8.5 thousand certificates for gasification of houses were issued for a total amount of more than 650 million rubles; to date, more than 1.4 million houses and apartments in almost three thousand settlements have been gasified in Bashkortostan, the level of gasification of the Republic is 84.7 percent, while the average level in Russia is 71.4 percent.
Keywords: gasification, gas supply, gas supply systems, environmental safety, social efficiency.
Bibliographic list of articles
1. Tuzova E. V. Organizational foundations of gas supply and gasification in Russia // Interactive science. – 2023. – No. 5 (81). – P. 74-75. – DOI 10.21661/r-560078. – EDN OITHJF.
2. Fetisova A. A. Sustainable development of the gas industry under sanctions // Sustainable development (ESG): finance, economics, industry: Proceedings of the National Scientific and Practical Conference, St. Petersburg, October 21, 2022. – St. Petersburg: Center for Scientific and Production Technologies “Asterion”, 2022. – P. 248-251. – EDN VLVOAB.
3. Aksyutin O. E., Ishkov A. G., Romanov K. V. [et al.] Environmental efficiency of the production and use of natural gas based on the assessment of the full life cycle // Scientific and technical collection of Vesti gazovoy nauki. – 2017. – No. 5 (33). – P. 3-11. – EDN YWNWRA.
4. Khairullin V. A., Shakirova E. V. Social discount rate when developing investments in social projects of the fuel and energy complex of the Republic of Bashkortostan // Oil and Gas Business. – 2012. – T. 10. No. 3. – P. 193-199. – EDN UNNKUX.
ECONOMY. LAW. SOCIETY
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Ufa University of Science and Technology
MAKSIMOV Gleb Vadimovich
magister student of the Ufa University of Science and Technology
FAYZULLINA Adel Salavatovna
student of the Ufa University of Science and Technology
FORECASTING THE SOCIO-ECONOMIC DEVELOPMENT OF A MUNICIPALITY
Managing the development of a municipality requires solving socio-economic problems. This system boils down to the analysis and assessment of the current state of the territory for making management decisions, which allows you to form a reliable local budget. The defining direction in the development of the municipality is to improve the quality of life of the population. To do this, municipal government bodies need to create prerequisites for development, identify the most powerful sides for their further improvement, including on the basis of forecasting and planning their functioning [3, p. 69].
Keywords: municipal education, forecasting methods, socio-economic development of the municipality.
Bibliographic list of articles
1. Galimullina N. A., Gizatullina V. G. Economic and legal foundations of regional security // Eurasian Legal Journal. – 2016. – No. 3 (94). – pp. 336-338.
2. Pavlenkov I. M. Improving the management of a municipal entity based on the controlling methodology // Modern Economy Success. – 2020. – No. 1. – P. 164-169.
3. Yakunina M.V., Levkina V.N. Forecast of socio-economic development using the example of the Kaluga region // Bulletin of Kaluga University. – 2021. – No. 2 (51). – pp. 69-73.
ECONOMY. RIGHT. SOCIETY
GANIN Pyotr Viktorovich
postgraduate student of the SBI “Center for Advanced Economic Research of the Academy of Sciences of the Republic of Tatarstan”
MAIN PROBLEMS OF DEVELOPMENT OF THE ENERGY ECONOMY OF THE ECONOMIC SYSTEM OF THE RUSSIAN FEDERATION IN MODERN CONDITIONS
The financial and social efficiency of the functioning of the national economy of the Russian Federation directly depends on the specifics of managing the processes of development of the domestic energy sector. The energy sector in its most general form is a complex of fixed assets, technologies and organizational and managerial mechanisms aimed at ensuring the generation, transportation and sale of electric and thermal energy for the needs of legal entities and individuals. The article systematizes the main problems characteristic of the three main subsystems of the energy economy of the economy of modern Russia: generating fuel and energy capacities, the energy grid economy and the energy sales subsystem. It is shown that for a scientifically based solution to the problems systematized by the author, it is necessary to develop and approve a comprehensive program for reforming the domestic energy sector, focused primarily on ensuring the modernization of the fixed capital of enterprises in this industry.
Keywords: energy industry, energy sector, generating capacities, grid capacities, energy sales enterprises, fixed assets, depreciation, depreciation.
Bibliographic list of articles
1. Krivorotov V.V., Klyuev Yu.B., Kalina A.V. Economics of energy enterprises. – M.: Unity-Dana, 2022. – 448 p.
2. Polikarpova V. A. Finochenko V. A. Economics and organization of electric power production. – Krasnoyarsk: From the Siberian Federal University, 2019. – 188 p.
3. Russian economy: problems and prospects. – M.: From the Institute of Economic Policy, 2023. – 568 p.
4. Fioktistov K. S. Main problems of development of energy production in the Russian economy // Questions of economics and management. – 2023. – No. 4. – P. 151-155.
5. Crage A. B. The economy of energy production. – NY.: ABC-press, 2021. – 128 p.
6. World annual report. – Wash., 2023. – 788 p.
ECONOMY. RIGHT. SOCIETY
ZAYTSEV Dmitriy Alexeevich
postgraduate student of the N. A. Semashko National Research Institute of Public Health
RISKS FOR ECONOMIC AGENTS ASSOCIATED WITH PLATFORM EMPLOYMENT IN DEVELOPING COUNTRIES
The article discusses the main types of risks that exist today, associated with remote work and platform employment. Particular attention is paid to the risks of workers who do not receive the same rights as employees under an employment contract. The need to mitigate these risks both at the government level and atthe platform level is an important task for the growth and development of the digital economy. Approaches to minimizing risks and increasing worker protection are emerging, but many of them have not yet been covered by scientific research.
Keywords: platform employment, remote work, developing countries, digital labor economics.
Bibliographic list of articles
1. Emelyanova O. Ya., Samsonov V. S., Shershen I. V. Remote activity as an actual form of employment of workers in the global labor market // RSEU. – 2019. – No. 2 (45).
2. Parnyshkov G.K. Distance employment in Russia: advantages, disadvantages and development prospects // Business and Society. – 2023. – No. 2 (38).
3. Komarova I. P. Distance employment in the digital economy emerging in Russia: lessons from the pandemic // Russian Economic Journal. – 2020. – No. 4.
4. Tereshkova V. A. Distance employment: advantages and disadvantages for workers and employers // Lomonosov scientific readings for students, graduate students and young scientists. – 2023. – No. 1.
5. Glotova N. I., Gerauf Yu. V. Platform employment is the main trend in the development of the labor market in modern conditions // Economics Profession Business. – 2021. – No. 4.
6. Musaev B. A. The growth of remote employment as a new trend in the development of the Russian labor market // Social and labor studies. – 2019. – No. 35 (2). – pp. 40-50.
ECONOMY. RIGHT. SOCIETY
KUPRINA Irina Vladimirovna
Ph.D. in economical sciences, associate professor of Commodity science and customs affairs sub-faculty of the I. S. Turgenev Orel State University
NOVIKOVA Ekaterina Vitaljevna
Ph.D. in economical sciences, associate professor of Commodity science and customs affairs sub-faculty of the I. S. Turgenev Orel State University
MEASURES TO STIMULATE FOREIGN ECONOMIC ACTIVITY
This article discusses measures to stimulate Russia’s foreign economic activity in the context of the sanctions pressure of the collective Western countries on the international market. The main indicators of foreign economic activity are analyzed. Based on the analysis, the main measures to stimulate Russia’s foreign economic activity are proposed.
Keywords: foreign economic activity, incentive measures, statistics.
Bibliographic list of articles
1. Official website of the Federal Customs Service of Russia. [Electronic resource]. – Access mode: https://customs.gov.ru/ (date of access: 02.12.2023).
2. Plan of priority actions to ensure the development of the Russian economy in the conditions of external sanctions pressure. [Electronic resource]. – Access mode: https://www.alta.ru/external_news/88128/ (date of access: 03/05/2023).
3. Order of the Ministry of Industry and Trade of the Russian Federation dated April 19, 2022 No. 1532 “On approval of the list of goods (groups of goods) in respect of which the provisions of subclause 6 of Art. 1359 and Art. 1487 of the Civil Code of the Russian Federation, subject to the introduction of the specified goods (groups of goods) into circulation outside the territory of the Russian Federation by copyright holders (patent holders), as well as with their consent.” [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202205060001 (date of access: 03/05/2023).
4. Kovarda V.V., Timofeev G.P., Timofeeva O.G. Study of the main results of the functioning of the system of state regulation of foreign economic activity of Russia in the conditions of large-scale digitalization of economic processes // Bulletin of Eurasian Science. – 2021. – No. 1. [Electronic resource]. – Access mode: https://esj.today/PDF/ 41ECVN121.pdf.
5. Forecast of long-term socio-economic development of the Russian Federation for the period until 2030 (developed by the Ministry of Economic Development of Russia). [Electronic resource]. – Access mode: http://pravo.gov.ru.
6. Krasnykh S.S. Development of exports of Russian regions under sanctions restrictions // Bulletin of the University. – 2022. – No. 9. – P. 96-102.
7. Kokorev A. S. The influence of foreign economic sanctions of 2022 on the development of Russian regions // Culture and Security. – 2022. – No. 2. – P. 19-23.
8. Federal Law of December 8, 2003 No. 164-FZ “On the fundamentals of state regulation of foreign trade activities.” [Electronic resource]. – Access mode: www.pravo.gov.ru.
9. Gupanova Yu. E. Support for the development of sectors of the national economy through customs regulation measures // Bulletin of the Russian Customs Academy. – 2022. – No. 3. – P. 65-77.
10. Russia in numbers 2021. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/210/document/12993 (date of access: 22.1.2021).
11. Treshchevsky Yu. I., Opoikova E. A. The influence of sanctions on the configuration of foreign economic activity of Russian regions // Region: systems, economics, management. – 2022. – No. 2 (57). – pp. 27-37.
12. Kantarovich A. A. Features of Russia’s foreign economic activity in the context of sanctions policy // Regional problems of economic transformation. – 2022. – No. 3 (137). – pp. 5-13.
ECONOMY. RIGHT. SOCIETY
MERGASOV Alexey Vladimirovich
postgraduate student of the Moscow International Academy
MODERNIZATION OF THE BANKING SYSTEM OF THE RUSSIAN FEDERATION IN THE CONTEXT OF EURASIAN ECONOMIC INTEGRATION
The article discusses the issues of integration of the banking system of the Russian Federation into the financial system of the Eurasian Economic Union. It was noted that the states of the Eurasian Economic Union are currently interested and show constant attention to the development and strengthening of the sphere of banking cooperation and interaction, expressing common framework intentions regarding consistency in such areas of banking activity as: banking legislation and regulation , monetary policy, directions of currency regulation.
Keywords: finance, banking system, integration, Eurasian Economic Union.
Bibliographic list of articles
1. Alieva I. A., Omurova S. K. Features of the functioning of the financial sector of the national economy in the conditions of economic integration // Bulletin of the KRSU. – 2019. – Volume 19. – No. 7. – P. 15-18.
2. Declaration offurther development of integration processes within the framework of the Eurasian Economic Union, adopted in December 2018 [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/evraziyskaya_economicheskaya_integraciya/1580534/
3. Ershov V.F. Russia and Kazakhstan: interbank interaction within the framework of the Eurasian Union // Proceedings of the Institute of Post-Soviet and Interregional Studies. – 2019. – No. 2. – P. 169-205.
4. Malikov K.K., Nurmakhmadov Z.M. Eurasian Economic Union: some results of activities // Economy of Tajikistan. – 2023. – No. 2. – P. 192-198.
5. Official website of the Eurasian Economic Union. [Electronic resource]. – Access mode: http://www.eaeunion.org/ (accessed November 2, 2023).
6. Official website of the Central Bank of the Russian Federation. [Electronic resource]. – Access mode: https://cbr.ru/today/ms/is/is1/ (date of access: 03.11.2023).
7. Skvortsov D. D. Eurasian economic integration: vectors of cooperation within the Union // Economics and business: theory and practice. – 2022. – No. 5-3 (87). – pp. 72-75.
ECONOMY. RIGHT. SOCIETY
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor associate professor of Digital economics and information technology sub-faculty of the Oryol State University
POLSHAKOVA Natalya Vuktorovna
Ph.D. in economical sciences, associate professor associate professor of Digital economics and information technology sub-faculty of the Oryol State University
GRISHINA Svetlana Yurjevna
Ph.D. in physical and mathematical sciences, associate professor associate professor of Digital economics and information technology sub-faculty of the Oryol State University
MONITORING OF THE RESOURCE POTENTIAL AND SUSTAINABILITY OF THE SUGAR BEET SUBCOMPLEX OF THE REGION
Ensuring the need for sugar produced from sugar beet is the dominant factor in the effective development of the sugar beet subcomplex; zonal distribution of crops around processing plants makes it possible to reduce labor costs and increase production efficiency. The authors analyzed the dynamics of the development of sugar beet production in the region and identified the main directions of effective development of the industry through the introduction of modern technologies, increasing the level of intensification of production, ensuring food security for a strategically important food product as sugar obtained from raw materials grown in the region.
Keywords: zonal distribution of crops, transport and logistics infrastructure, sustainable development of sugar beet complex, beet raw materials, resource potential.
Bibliographic list of articles
1. Bolshakova A. Yu. Economic efficiency of sugar beet production in the Russian Federation // Alley of Science. – 2020. – No. 2 (41). – pp. 236-237.
2. Bykovskaya N.V., Ivanova N.M., Sokovikov O.B. Economic efficiency of sugar beet production in Russia // Innovations and investments. – 2019. – No. 1. – P. 258-260.
3. Efremova E. N. Main problems and ways to increase the efficiency of sugar beet production in Russia // Forum. – 2016. – No. 1 (7). – pp. 122-124.
4. Savchik S. M. Sugar beets // Our agriculture. – 2020. – No. 3 (227). – pp. 56-61.
5. Khaustova G.I., Buleeva N.O. Sugar beet: state of production, statistical and economic analysis, reserves for increasing production efficiency // Political economic problems of development of modern systems. Collection of scientific articles of the 3rd International Scientific and Practical Conference / Ed. ed. E. B Falkovich, E. A. Mamistova. – M., 2018. – pp. 179-184.
6. Kalinicheva E. Yu., Uvarova M. N. Territorial organization and problems of development of beet sugar production in the Oryol region // Bulletin of the Kursk State Agricultural Academy. – 2018. – No. 9. – P. 250-256.
7. Kalinicheva E. Yu., Uvarova M. N., Polshakova N. V., Aleksandrova E. V., Zhilina L. N. Sustainable development of beet sugar production in the context of an innovative approach // Bulletin of Agrarian Science. – 2022. – No. 2 (95). – pp. 134-145.
8. Kireeva A. R., Turysbekova R. K., Konysbaeva G. B., Toleganov A. D. Correlation in the production and processing of sugar beets as a factor in increasing the economic efficiency of agricultural production // APK; economics and Management. – 2021. – No. 8. – P. 90-95.
9. Uvarov D.V. Systematization of criteria, indicators and factors of efficiency in the development of the sugar industry // News of the South-Western State University. – 2014. – No. 6 (57). – pp. 134-139.
10. Uvarov D.V., Uvarova M.N. Optimization of raw materials supply for sugar factories // Sugar beet. – 2012. – No. 9. – P. 45-48.
11. Oryol region. 2010, 2015, 2019 – 2021: stat. collection/Territorial body of the Federal State Statistics Service for the Oryol region. – Orel, 2022. – 257 p.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economic sciences of the Ufa State Petroleum Technological University
FRYAZINOV Nikolay Yurjevich
magister student of the Ufa State Petroleum Technological University
MULTI-CRITERIA ANALYSIS OF THE SELECTION OF SUPPLIERS FOR THE PURCHASE OF TECHNOLOGICAL EQUIPMENT USING DIGITAL SOLUTIONS
The article presents a methodology for multi-criteria selection of technological equipment using data analysis and machine learning methods. The main sources of data on suppliers of technological equipment are excluded, an analysis of a sample of methods for storing information is carried out, and options for using machine learning methods and data analysis when working with information on suppliers of technological equipment are proposed.
Keywords: technological equipment, supplier selection, data analysis, machine learning, supplier selection criteria, digital solutions.
Bibliographic list of articles
1. Zhuk M. M. Relational databases, SQL language // StudNet. – 2022. – No. 6. – P. 5190-5196.
2. Myasnikova N. A., Kurin N. D. Design of object-oriented databases // Object systems. – 2014. – No. 2. – P. 76-80.
3. GOST R 58920-2021 Technological engineering and design. Technical and technological audits. Main provisions and indicators: national. standard. Russian Federation: introduction date 2022-01-01. – M.: Standartinform, 2022.
4. Mustafa Servet Kıran, Engin Eşme, Belkız Torğul, Turan Paksoy. Supplier Selection with Machine Learning Algorithms / Mustafa Servet Kıran, Engin Eşme, Belkız Torğul, Turan Paksoy // Logistics 4.0: Digital Transformation of Supply Chain Management. – 2020. – pp. 103-125.
5. 47. Li Zhao, Wenjing Qi, Meihong Zhu. A Study of Supplier Selection Method Based on SVM for Weighting Expert Evaluation / Li Zhao, Wenjing Qi, Meihong Zhu // Hindawi. Discrete Dynamics in Nature and Society. – 2021. – pp. 2-11.
ECONOMY. RIGHT. SOCIETY
CHEREMISINA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
KOMAROV Kirill Sergeevich
student of the 3rd course, direction Economics, profile “Finance and Credit” of the G. R. Derzhavin Tambov State University
DROZHZHIN Nikolay Alexandrovich
student of the 3rd course, direction Economics, profile “Finance and Credit” of the G. R. Derzhavin Tambov State University
DEMOGRAPHIC SITUATION OF THE TAMBOV REGION: OVERCOMING THE CRISIS
In this study, based on the official data of the Rosstat website, statistical collections, ratings of Russian regions, the characteristics of the natural and mechanical movement of the population are given, the causes of low fertility are considered. It has been established that in the Tambov region over the past decade there has been an unfavorable situation associated with high mortality and low number of newborns, with migration processes to other regions.
Keywords: the population size, natural reproduction of the population, birth rate, mortality, migration, natural population movement.
Bibliographic list of articles
1. Demographic yearbook of the Tambov region for 2022. Report. Official statistics // Tambovstat. – 2023. – 43 pp.
2. Demographic situation in the Tambov region for 2022. Statistical collection. // Tambovstat. – 2023. – 122 pp.
3. Official website of the territorial body of the Federal State Statistics Service for the Tambov region. [Electronic resource]. – Access mode: https://tmb.gks.ru/
4. Official website of the Federal State Statistics Service (Rosstat). [Electronic resource]. – Access mode: https://rosstat.gov.ru/
5. Economic downturns, upswings and their impact on the quality of life of the population of the Tambov region. Statistical collection. // Official publication. Tambovstat. – 2021. – 141 p.
ECONOMY. RIGHT. SOCIETY
KHRUSLOVSKIY Vadim Alexandrovich
senior lecturer of Sociology and advertising communications sub-faculty of the A. N. Kosygin Russian State University
THE TRANSFORMATION OF EDUCATION UNDER THE INFLUENCE OF THE DEVELOPMENT OF IT TECHNOLOGIES: A BRIEF REVIEW OF FOREIGN LITERATURE
Digital technologies have stimulated rapid changes and serious challenges throughout the modern world. The pandemic of the new coronavirus (COVID-19) in 2019 caused a rapid growth of remote work and distance learning, thus stimulating the processes of digital transformation of educational systems. The article provides a brief overview of foreign literature reflecting the problems and prospects of introducing digital technologies into school and vocational education systems.
Keywords: education, digitalization, transformation, distance learning, development.
Bibliographic list of articles
1. European Commission Digital education action plan. 2018. [Electronic resource]. – Access mode: https://ec.europa.eu/education/education-in-the-eu/digital-education-action-plan_en (access date: 08/2/2023).
2. Giannini S. School, health and nutrition: Why covid-19 demands a rethink of education to address gender inequalities. US Fed News Service, Including US State News. – 2020.
3. Global Education Monitoring Report. Re-Building resilient education systems: Three lessons on the privatization of education and one solution emerging from the COVID-19 pandemic. – 2020.
4. Habibi F., Zabardast M.A. Digitalization, education and economic growth: A comparative analysis of Middle East and OECD countries. Technology in Society, 63 (2020), Article 101370.
5. Krueger K. R. Driving K-12 innovation: Hurdles 2019. Consortium for School Networking. – 2019.
6. Negreiro M., Madiega T. European parliamentary research service. EU policies – delivering for citizens Digital transformation, European Parliament. – 2019.
7. Newman D. Top 10 digital transformation trends for 2020. Forbes. – 2019.
8. OECD. Future of education and skills 2030. 2019. [Electronic resource]. – Access mode: http://www.oecd.org/education/2030-project/ (access date: 08/2/2023).
9. OECD. Measuring the digital transformation: A roadmap for the future OECD Publishing, Paris. 2019.
10. One year into COVID-19 education disruption: Where do we stand? [Electronic resource]. – Access mode: https://en.unesco.org/news/one-year-covid-19-education-disruption-where-do-we-stand (access date: 08/2/2023).
11. Schleicher A. PISA 2018: Insights and interpretations OECD Publishing, Paris. – 2019.
12. Schleicher A. World class: How to Build a 21st-century school system, strong performers and successful reformers in education. OECD Publishing, Paris. – 2018.
13. Trends shaping education 2019. OECD Publishing, Paris. – 2019.
14. Vincent-Lancrin S., Urgel J., Soumyajit Kar K., Jacotin G. Measuring Innovation in education 2019: What has changed in the classroom? Educational research and innovation. OECD Publishing, Paris. – 2019.
ECONOMY. RIGHT. SOCIETY
TIAN Shuqi
postgraduate student of the Faculty of Public Administration Regional and Sectoral Economics of the M. V. Lomonosov Moscow State University
RUSSIAN-CHINESE ECONOMIC AND SCIENTIFIC-TECHNICAL COOPERATION: FORMATION AND DEVELOPMENT
This article represents a retrospective analysis of Russian-Chinese relations in the field of economy and science and technology. The article examines the stages of economic and scientific-technical cooperation between the two countries, based on the legal framework and taking into account the general situation in the trade and economic development of the two countries. In the process of analysis, it touches upon the problems of China’s economic growth peculiarities, the reasons for Russia’s economic lagging behind, as well as foreign policy and domestic factors affecting the rise of the Russian economy, which has affected the transformation of Russian-Chinese relations in the field of economic strategic partnership. The article also considers the peculiarities of scientific and technical cooperation between China and Russia and identifies the directions in this area. The study contributes to a better understanding of the mutual relations between China and Russia at the current stage of development of the strategic partnership.
Keywords: strategic partnership, economic cooperation, scientific and technical cooperation, China, Russia.
Bibliographic list of articles
1. Karlusov V. V., Yarkov D. A. Russian-Chinese Economic Relations: Trends, Imbalances and Problems of Development (Retrospective Analysis) // International Journal of Civil Engineering and Technology. – 2019. – Vol. 10. – No. 2. – Rr. 1769-1776.
2. Lubina M. Russia and China. A political marriage of convenience – stable and successful. – GmbH: Verlag Barbara Budrich, 2017. – 325 p.
3. Paramonov V., Strokov A. Russian-Chinese Relations: Past, Present & Future. – GB: Defense Academy of the United Kingdom, 2006. – 15 p.
4. Russia-China Dialogue: The 2021 Model: Report No. 70/2021. – M: NPMP RIAC, 2021. – 100 p.
ECONOMY. RIGHT. SOCIETY
FAN Wei
postgraduate student of the Higher School of Industrial Policy and entrepreneurship of the Patrice Lumumba Peoples’ Friendship University of Russia
THE GROWING ROLE OF ‘GREEN’ FINANCE IN PROMOTING RENEWABLE ENERGY DEVELOPMENT IN CHINA
The relevance of the study lies in the fact that in recent years environmental finance has become the most important item on the state agenda of the economy for the preservation of environmental well-being and biodiversity, as environmental problems in the global context have attracted significant public attention. The object of the study is the environmental space within the global concept of sustainable development. The subject of the study is environmental finance as the most effective tool and method of implementation of green and circular economy programs. The purpose of the study is to consider the content and significance of environmental finance within the framework of promoting the development and use of renewable energy sources on the axiomatic bases of scientific cognition. The research results showed that there is a relationship between environmental financing, renewable energy and sustainable development in China. The influence and direction of these factors change over time and have different characteristics. In this study, renewable energy sources are categorized into hydro, wind, geothermal and solar energy and the impact of these sources on sustainable development is diverse and depends on the relevant economic developments in the life of the state.
Keywords: green economy, circular economy, green bonds, green finance, sustainable development.
List of literature
1. Chen J. et al. The dynamic impact of green finance and renewable energy sources on sustainable development in China // Frontiers of Environmental Science. – 2023. – Vol. 10. – R. 1097181.
2. Pogudaeva M. Yu., Gladilina I. P., Sergeeva S. A. Model of green public procurement in Russia // Discussion. – 2023. – No. 2 (117). – P. 76-84. – DOI 10.46320/2077-7639-2023-2-117-76-84. – EDN BRYPPT.
3. Ushakova N. V., Guliyev I. A., Damirchiev E. I. Prospects for sustainable development in the policy of international institutions of globalization // Discussion. – 2023. – No. 3 (118). – P. 82-96. – DOI 10.46320/2077-7639-2023-3-118-82-96. – E.D. AIYMFV.
4. Nedopil S., Song Z. The state and trends of green finance in China for 2022-23 – 2023.
ECONOMY. RIGHT. SOCIETY
ZHOU Minghao
master of the Faculty of Public Administration of the M. V. Lomonosov Moscow State University
HUMAN RESOURCE MANAGEMENT STRATEGY AS THE MAIN TOOL WITHIN THE HUMAN RESOURCE MANAGEMENT APPROACH
The strategy of personnel management is an important tool that determines the efficiency of the organization of the labor process, workspace and the use of labor resources. The relevance of the study is that the improvement and optimization of personnel management strategies is an important task of scientific management in modern economic conditions. The object of the study is personnel as labor resources of a business entity. Subject of the study – management strategies as a function of human resources management. The purpose of the study is to reveal the content, goals and stages of personnel management strategy as an instrument of human resource management. The methodology of the study involves the use of theoretical and heuristic methods of cognition of the surrounding reality. Results of the research: 1. The main directions of strategic personnel management are disclosed; 2. The factors shaping the effectiveness of personnel management strategy are disclosed; 3. The main strategies of personnel management in modern conditions are highlighted.
Keywords: labor resources, personnel potential, human resources, labor, personnel, target indicators.
Article bibliographiclist
1. Ivanova N. A. Strategic directions for the development of personnel management // Academic journalism. – 2022. – No. 11-2. – P. 66-71. – EDN NAZUNK.
2. Starovoytov V. G., Isaenko A. N., Bikmetova Z. M. Motive, incentive and motivation in the modern system of economic relations // Discussion. – 2023. – No. 3 (118). – pp. 20-28. – DOI 10.46320/2077-7639-2023-3-118-20-28. – EDN FFUDNT.
3. Lymareva O. A., Lapshina A. S. Modern approaches to strategic personnel management at an enterprise // Economics and business: theory and practice. – 2023. – No. 8 (102). – pp. 111-114. – DOI 10.24412/2411-0450-2023-8-111-114. – EDN YQOTUM.
ECONOMY. RIGHT. SOCIETY
MUKHAMETSHIN Ildar Ramilevich
student of the Ufa State Petroleum Technical University
GAREEVA Zemfira Anisovna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the State Petroleum Technical University
CURRENT FEATURES OF PRICING IN THE OIL MARKET
The article examines the main aspects of pricing in the oil market, analyzes the factors influencing prices, and also examines possible trends and challenges that companies are currently facing. The influence of geopolitical factors on the oil market in the post-pandemic period is considered.
Keywords: oil, pricing, production, regulation, geopolitics.
Bibliographic list of articles
1. Potanin S. What determines the price of Oil – 11 factors, What affects the oil price // Francber: [website]. [Electronic resource]. – Access mode: https://francber.com/chto-vliyaet-na-neft.html (access date: 11/01/2023).
2. Valova Yu. I. Factors influencing the formation of prices for “black gold” // Innovative economics and modern management. – 2021. – No. 4 (35). – P. 9-12. – EDN AORRCP.
3. Lavrukhin M. Terrorism in the energy industry / Lavrukhin M. // Social and business scientific journal “Energy Policy”: [site]. [Electronic resource]. – Access mode: https://energypolicy.ru/terrorizm-v-energeticheskoj-promyshlennosti/neft/2023/14/23/ (access date: 11/04/2023).
4. Gladilin A.V., Gromov E.I., Gerasimov A.N. et al. Improving the economic mechanism of agricultural production. – Stavropol: AGRUS, 2010. – 440 p.
5. Akhlatyan Z. S. The influence of OPEC countries on the global oil market in modern conditions. — Text: immediate // Young scientist. – 2017. – No. 7 (141). – pp. 210-216. [Electronic resource]. – Access mode: https://moluch.ru/archive/141/39717/ (date of access: 04.11.2023).
6. [Electronic resource]. – Access mode: https://ru.tradingview.com/chart/?symbol=TVC %3AUKOIL.
7. Gubina M. A., Konovalov N. P. Methods of extraction of heavy oils and natural bitumens // Bulletin of the Irkutsk State Technical University. – 2012. – No. 6 (65). – pp. 105-109. – EDN OZGQGR.
8. Musina D. R., Solovyova I. A. State regulation of pricing of petroleum products in the Russian Federation // Eurasian Legal Journal. – 2015. – No. 8 (87). – pp. 304-306.
PHILOSOPHY. RIGHT. SOCIETY
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
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
PHILOSOPHICAL ANALYSIS OF THE INFLUENCE OF CULTURAL DIFFERENCES IN THE PROFESSIONAL ACTIVITY OF A HIGHER SCHOOL TEACHER
Abstract: Cultural differences have an impact on all spheres of social activity. Culture and pedagogy are interrelated and mutually influencing phenomena that emerged from philosophy, with successful interaction forming a morally rich and socially significant personality with a certain set of qualities subjective, aimed, among other things, at communication interaction with representatives of other cultures. A higher school teacher, having a certain worldview on the cultural picture of the world, instilling the principle of tolerance in students and using it himself, contributes to the creation of conditions for a successful intercultural dialogue, and also, expanding his horizons, helps the individual in accepting certain values into his cultural enrichment, forming a separate subjective culture of the individual.
Keywords: cultural differences, pedagogical activity, intercultural communication, political culture.
Bibliographic list of articles
1. Aleshchenko S.V. Formation of philosophical and pedagogical culture of teachers in modern conditions // Bulletin of the TSPU. 2007. No. 11. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-filosofskoy-i-pedagogicheskoy-kultury-uchitelya-v-sovremennyh-usloviyah (date of access: 11/30/2023).
2. Budnik E. B. Social and pedagogical activity of a teacher as an object of philosophical analysis // Domestic and foreign pedagogy. 2013. No. 6 (15). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-pedagogicheskaya-deyatelnost-uchitelya-kak-obekt-filosofskogo-analiza (date of access: 11/13/2023).
3. Tyurenkova L. M. Diversity of cultures and unity of approaches to their consideration // Scientific notes (AGAKI). 2021. No. 3 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mnogoobrazie-kultur-i-edinstvo-podhodov-k-ih-rassmotreniyu (date of access: 11/27/2023).
4. Khodyreva E. A. Multiculturalism as a pedagogical principle // Bulletin of VyatGU. 2007. No. 16. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/polikulturnost-kak-pedagogicheskiy-printsip (access date: 12/01/2023).
5. Khukhlaev O. E., Tkachenko N. V. Attitude of Russian teachers to cultural diversity in difficult pedagogical situations: experience of qualitative analysis // Izv. Sarat. University of Nov. ser. Ser. Acmeology of education. Developmental psychology. 2021. No. 1 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otnoshenie-rossiyskih-uchiteley-k-kulturnomu-raznoobraziyu-v-trudnyh-pedagogicheskih-situatsiyah-opyt-kachestvennogo-analiza (date of access: 11/30/2023).
PHILOSOPHY. RIGHT. SOCIETY
RABADANOVA Alina Arsenovna
student of the Dagestan State Medical University, Makhachkala
GASANDIBIROVA Madina Aliaskhabovna
student of the Dagestan State Medical University, Makhachkala
MAGOMEDOVA Fatima Yakubovna
student of the Dagestan State Medical University, Makhachkala
DIBRAEV Afsaladdin Dibirakhmedovich
Ph.D. in philosophical Sciences, associate professor of the Dagestan State Medical University, Makhachkala
ETHICAL AND LEGAL ANALYSIS OF ARTIFICIAL TERMINATION OF PREGNANCY
This article presents an ethical and legal analysis of artificial termination of pregnancy. This aspect of the issue of artificial termination of pregnancy has been a hot topic for debate since its inception. The debatability of the problem is due to various ethical, bioethical, philosophical, medical, social, religious and legal aspects. At what stage is an embryo considered a living person? What position does modern medicine take on this issue? What attitude do today’s youth have to abortion? Using various sources on this topic, as well as the results of a study in the form of a social survey, we will look at the problem of induced abortion from an ethical and legal point of view. The relevance of the research topic is obvious, since abortions today are quite common and their number is only growing, while its main reasons are most often premarital relations and incompetence in the use of contraception. Another prerequisite is the legalization of abortion, which also leads to an increase in their number. Purpose of the study: to highlight the main problems of artificial termination of pregnancy, to identify the attitude of young people towards artificial termination of pregnancy, to determine the level of awareness of young people about artificial termination of pregnancy. Research methods: survey, statistics, analysis, conclusions.
Keywords: ethics, abortion, morality, artificial termination of pregnancy, religious, legal and philosophical aspects, embryo status.
Bibliographic list of articles
1. Kiselev V. A. Textbook “Bioethics: situational tasks, test questions, normative documents.” Second edition revised and expanded. – Ekaterinburg, 2016.
2. Docheva M.V., Ermolaeva A.I. Educational and methodological recommendations, part 2. Basic moral norms and principles of biomedical ethics. – Penza, 2008.
PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
GAISINA Guzel Insharovna
Ph.D. in pedagogical sciences, professor, professor of Pedagogy and psychology sub-faculty of the M. Akmulla Bashkir State Pedagogical University
VAKNIN Elena Evgenjevna,
Ph.D. in psychological sciences, professor of the A. I. Herzen Russian State Pedagogical University
THE CULTURAL APPROACH AS A METHODOLOGICAL BASIS FOR POST-NON-CLASSICAL EDUCATION
The article presents the essential characteristics of the cultural approach. The authors prove that the cultural approach acts as a methodological basis for post-non-classical education, determine the sequence of stages of cognition of objects using the cultural approach. In the context of the study, the most important function of modern education is described – the cultural creation function, which consists in the preservation, further development and enrichment of culture by means of education. The interrelation of education and culture in the process of implementing the human-forming function of post-non-classical education is shown.
Keywords: socio-cultural situation, post-non-classical education, culture, cultural approach, cultural analysis, cultural creation function, personal approach, activity approach, axiological approach.
Bibliographic list of articles
1. Alieva N.Z. Post-non-classical natural science education: problems of formation. – Mines: YURGUES, 2008. – 197 p.
2. Bibler V. S. From scientific teaching to the logic of culture. Two philosophical introductions to the twenty-first century. – M., 1991. – 413 p.
3. Bondarevskaya T. N. Pedagogy: personality in humanistic theories and education systems: Textbook. Manual / S. V. Kulnevich. – Rostov-n/D: creative center “Teacher”, 1999. – 560 p.
4. Gaisina G.I. Education as a sociocultural phenomenon. – Moscow-Ufa: MPGU, BSPU, 2000. – 148 p.
5. Gaisina G.I. Culturological approach to pedagogical research. – Ufa: Vagant, 2007. – 304 p.
6. Kagan M. S. Philosophical theory of value. – St. Petersburg: TK Petropolis LLP, 1997. – 205 p.
7. Ogurtsov A.P., Platonov V.V. Images of education. XX century – St. Petersburg: RKhGI, 2004. – 520 p.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSHCHUK Elena Andreevna
Ph.D. in philosophical sciences, associate professor of Social and humanitarian sciences sub-faculty of the Vladimir Branch of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
TIMOSHCHUK Igor Alexeevich
student of the A. G. and N. G. Stoletovs Vladimir State University
FABULIZING POSITIVISM OR THE FICTIONAL DRAGON OF ANTHROPOLOGICAL VULNERABILITY
Technocratic anthropology believes that scientific and technological progress can radically change people’s abilities/incentives in such a way that it will lead to solutions to the eternal problems of human vulnerability. This article presents Oxford professor Nick Bostrom’s problematization of human vulnerability. The anthropologist proposes to expand the possibilities for the transformation of homo sapiens and create strong mechanisms to solve the problem of human mortality: exchange of information in real time, synthetic biology, biohacking, creation of hybrid DNA. Bostrom constructs an invulnerable world of hominids, turning to the artistic metaphors of “the saga of the dragon,” “the black ball of the human population,” “philosopher of a Doomsday” and “kids playing with warheads.” Some of Bostrom’s smartest arguments are like Swiss Army knives: they are simple, toy-like, pleasant to look at, mechanically demonstrative. How effective is such engineering-artistic argumentation?
Keywords: biohacking, synthetic biology, technological progress, transhumanism, techno-optimism, philosophical anthropology, immortalology, mortido.
Bibliographic list of articles
1. Timoshchuk E. A. Ontopoiesis of life: A.-T. Timinecki pech // Polygnosis. – 2015. – No. 1 (48). –133 s.
2. Timoshchuk E. A. Rumors about the objectivity of science: in memory of Peter Berger // News of Irkutsk State University. Series Political Science. Religious Studies. – 2019. – T. 28. –P. 100-107.
3. Timoshchuk E. A. Structures of discursivity: genesis, functions, methodology of knowledge // Social ontology in the structures of theoretical knowledge. – Izhevsk: UdGU, 2014. – P. 83-95.
4. Timoshchuk E. A. Fabulization as a phenomenological order of the functioning of social memory and education // Bulletin of the Dagestan State University. Series 2: Social Sciences. – 2016. – No. 1. – P. 96-101.
5. Timoshchuk E. A. Phenomenological understanding of philosophical lyrics // Bulletin of the Buryat State University. – 2021. – No. 1. – P. 64-70.
6. Erdeneev E. T. Nick Bostrom’s concept of transhumanism // Humanitarian Agetorus – 2018. – No. 3. – P. 90-93.
7. Bostrom N. The Fable of the Dragon-Tyrant. // Journal of Medical Ethics. – 2005. – Vol. 31. – No. 5. – P. 273-277.
8. Bostrom N. A History of Transhumanist Thought. [Electronic resource]. – Access mode: https://nickbostrom.com/papers/history.pdf.
9. Bostrom N. Transhumanist Values. [Electronic resource]. – Access mode: https://nickbostrom.com/ethics/values.
PHILOSOPHY. RIGHT. SOCIETY
TUCHVATULLIN Rustem Rasfarovich
Ph.D. in historical sciences, Head of Foreign history sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
SHAYAKHMENOV Fidail Fanilevich
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
CONTEMPORARY GEOPOLITICAL CRISIS AND THE FORMATION OF A NEW WORLD ORDER
The article examines the problems of world development in the context of the current geopolitical crisis. It is discussed that the modern geopolitical crisis was generated by the policy of Western countries to impose on the rest of the world the international world order they are designed, based on “rules”. In the context of the crisis, the process of forming a new multi-pole world order based on polycentrism, inclusivity and multilateralism accelerated.
Keywords: liberal globalization, crisis, collective West, non-Western world, “global South”, polycentrism, new world order.
Bibliographic list of articles
1. Demchenko A. The right is taking over Europe. What is the threat? // INOSMI.RU. – July 10, 2023 – [Electronic resource]. – Access mode: https://inosmi.ru/20230710/pravye-264223571.html (access date: 10/27/2023).
2. Kulagin V. The Russia-Africa summit highlighted Moscow’s new guidelines in foreign policy // Vedomosti. – July 31, 2023 – [Electronic resource]. – Access mode: https://www.vedomosti.ru/politics/articles/2023/07/31/987646-summit-rossiya-afrika-podsvetil-uroven-vliyaniya-rossii (date of access: 09/27/2023).
3. Lavrov: the West does not have a significant number of allies in its desire to impose its will // TASS. – February 8, 2023 – [Electronic resource]. – Access mode: https://tass.ru/politika/16997085 (date of access: 10/27/2023).
4. Chris Giles. Deglobalisation: will backlash against Russia lead to downturn in open trade? // Financial Times. – April 4, 2022. – [Electronic resource]. – Access mode: https://www.ft.com/content/279d0bf0-a58f-40c5-951f-84ecd54fe3f0 (access date: 10/30/2023).
5. Francis Fukuyama. The end of history and the last man. – New York: Free Press, 1992. – 418 p.
6. Remarks at a UN General Assembly Emergency Special Session Before the Vote on a Resolution on Achieving Peace in Ukraine // United States Mission to the United Nations. – 02.22.2023. – [Electronic resource]. – Access mode: https://usun.usmission.gov/remarks-at-a-un-general-assembly-emergency-special-session-before-the-vote-on-a-resolution-on-achieving-peace- in-ukraine/ (date of access: 10/30/2023).
7. Samuel P. Huntington. The Clash of Civilizations and the Remaking of World Order. – New York: Simon & Schuster, 1996. – 367 p.
8. Secretary Antony J. Blinken on Russia’s Threat to Peace and Security at the UN Security Council // U.S. Department of State. – 02/17/2022. – [Electronic resource]. – Access mode: https://www.state.gov/secretary-antony-j-blinken-on-russias-threat-topeace-and-security-at-the-un-security-council/ (date of access: 30.10. 2023).
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalia Viktorovna
A. A. Yezhevsky Irkutsk State Agrarian University
BODYAK Marina Germanovna
A. A. Yezhevsky Irkutsk State Agrarian University
THE CONDITIONAL WORLD AND ITS ROLE IN THE CREATION OF SOCIAL MYTHS
The article substantiates the concept of the conditional world and its role in the formation of social myths. The key theoretical concept of the study defines the conditional world as a system of ideas, beliefs and values that is formed in society and affects the perception and understanding of reality. It is considered how the conditional world can become a source of creating social myths. Social myths mean false or distorted ideas about reality that are widespread in society and affect the behavior and worldview of its members. The conventional world plays an important role in the creation of social myths as it determines the norms and values that are formed in society. The article proves that myths can be used to manipulate public opinion and control people. The article also exploresvarious ways of creating social myths in the conventional world, including the use of symbols, rituals, detailing, forms of virtual reality, patterns of thinking and behavior, historical narratives. The role of symbols and rituals is particularly emphasized. Symbols are expressed by metaphors and associations, through which people convey ideas, values and meanings. Rituals in social mythology act as formal and established patterns of behavior that are performed in a certain sequence and have symbolic meaning.
Keywords: social myths, conditional world, symbol, ritual, illusion.
Bibliographic list of articles
1. Baudrillard J. Transparency of evil. – M.: Dobrosvet, 2000. – 258 p. − P. 135.
2. Erokhina L. A. The problem of interpretation and the category of the author in the aesthetics of Umberto Eco // Knowledge. Understanding. Skill. − 2012. − No. 1. − P 274-277.
3. Kanysheva O. A. Rene Descartes’ teaching about the soul and consciousness // Bulletin of Voronezh State University. Series: Philosophy. – 2021. – No. 3. – P. 99-107.
4. Klopyzhnikova A. A., Romakh O. V. Ritual as a codification of ritual // Analytics of cultural studies. – 2008. – No. 11. – P. 105-110.
5. Koval O. A. The power continuum of being in Aristotle’s ontology // Bulletin of St. Petersburg University. Political science. International relationships. – 2009. – No. 2. – P. 109-119.
6. Lebedev D. In Ritual and innovation in the process of social reproduction: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Protection location: Lv. state University named after A.M. Gorky]. – Ekaterinburg, 2007. – 25 p. – P. 12.
7. Plato. State // Plato. Collected works. In 4 volumes – M.: Mysl, 1994. – T. 3. – P. 79-420.
8. Prozersky V.V. The system of classification of arts in the aesthetics of Nelson Goodman and the problem of the unity of the artistic world // Interactive Science. – 2017. – No. 13. – P. 145-148.
9. Sokolova L. Yu. J.-P. Sartre and G. Bachelard: two phenomenological concepts of imagination // Reflections on philosophy at the crossroads of the second and third millennia. – St. Petersburg: St. Petersburg Philosophical Society, 2002. – P. 141-150.
PHILOSOPHY. RIGHT. SOCIETY
KHAZIEVA Rushana Raufovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa State University of Science and Technology
SATTAROVA Raksana Vinerovna
Ph.D. in philological sciences, associate professor Germanic languages sub-faculty of the Sterlitamak branch of the Ufa State University of Science and Technology
PROBLEM OF JUSTICE AND LAW MERGING IN SOCIAL-LEGAL VIEWS OF B. N. CARDOZO
The positions of B. N. Cardozo expressed both in his works and in the essays of his followers are analyzed. Cardozo’s justification for the legality of judicial decisions based on correlation of concepts of justice and law is noted. Four main principles have been identified that, in the scientist’s opinion, ensure a fair judicial decision: philosophy (analogy), history (evolution), community customs (traditions), and morality and public welfare (sociology).
Keywords: justice, law, legal regulation, judicial decision-making, precedent.
Bibliographic list of articles
1. Akchurin T. F. The influence of the legal community on the formation of the US legal system // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 6 (67). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-yuridicheskogo-soobschestva-na-formirovanie-pravovoy-sistemy-ssha (date of access: 10/07/2023).
2. Burnam W. Legal system of the United States of America. – M., 2006. – pp. 35-40.
3. Karapetov A. G., Tai Yu. V. Instead of unanimity of judges, we need uniformity of practice // Law. – 2020. – No. 1. – P. 9-21.
4. Andrew S. Gold & Henry E. Smith, Restatements and the Common Law, in The American Law Institute: A Centennial History (Andrew S. Gold & Robert W. Gordon eds, forthcoming). [Electronic resource]. – Access mode: https://ssrn.com/abstract=4262424.
5. Calabresi G. A. A Common Law for the Age of Statutes. Cambridge, 1982. P. 1; Hurst J. Dealing with Statutes. – Washington, 1982.
6. Maitland F. W. Equity: A Course of Lectures. (A. H. Chaytor & W. J. Whittaker eds., 1936).
7. Milsom S. F. C. Maitland // The Cambridge Law Journal. 2001. Vol. 60. No.2; Wormald P. Frederic William Maitland and the Earliest English Law. [Electronic resource]. – Access mode: https://Law and History Review. – 1998. – Vol. 16. – No. 1.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Olga Igorevna
magister student of the direction “Pedagogical education in the field ofsocial 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 LEGAL MEANING OF HUMAN RIGHTS THROUGH THE PRISM OF MORAL PHILOSOPHY (USING THE EXAMPLE OF THE CATEGORICAL IMPERATIVE OF I. KANT)
Human rights are annually acquiring an increasingly key role at the internal state, international, intrapersonal and interpersonal levels in the processes of life of the population and management of society. This is due to the deconstruction of human rights values. The modern interpretation of the term law and its essential understanding is quite multifaceted, due to the epochal multidimensionality of the development of the democratic political regime of statehood. This article examines the problem of the essential approach and the relationship between the modern legal understanding of human rights and philosophical reflections on the categorical imperative of I. Kant, their comparison.
Keywords: legal rights, moral rights, morality, categorical imperative, equality.
Bibliographic list of articles
1. Syrykh V. M. Social accessibility and legal guarantee of fundamental human rights and freedoms – The highest goal and meaning of the modern “strong state” // Law: history and modernity. – 2018. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialnaya-dostupnost-i-yuridicheskaya-garantirovannost-osnovnyh-prav-i-svobod-cheloveka-vysshaya-tsel-i-smysl-sovremennogo-silnogo (date of access : 05.11.2023).
2. Lezina E. P., Zhivaeva A. Yu. Contribution of I. Kant to the development of modern legal thought // Contentus. – 2021. – No. 12 (113). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vklad-i-kanta-v-razvitie-sovremennoy-yuridicheskoy-mysli (access date: 11/05/2023).
3. Komkova E. Categorical imperative // Business magazine. – 2011. – No. 2 (179). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kategoricheskiy-imperativ (date of access: 07.11.2023).
4. Gorbunova O. A. Law and morality // Bulletin of the Magistracy. – 2018. – No. 5-2 (80). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-i-moral (date of access: 07.11.2023).
5. Zhalinsky A.E. Introduction to the specialty “Jurisprudence”. Professional activity of a lawyer: textbook. – Ed. 2nd. – M., 2007.
S. Ovchinskiy:
Generative models of artificial intelligence: dangerous enemies or assistants to investigators and police officers?
Interview with Vladimir Semyonovich Ovchinskiy, Advisor to the Minister of Internal Affairs of the Russian Federation, Ph.D. in Law, Honored Lawyer of the Russian Federation
INTERNATIONAL LAW
MISHALCHENKO Mariya Yurjevna
lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
PAVLENKO Kseniya Ivanovna
lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
NORD STREAM 2: INTERNATIONAL LEGAL ASPECTS OF PIPELINE CONSTRUCTION
The article is devoted to one of the most controversial projects in the energy policy of the European Union – the Nord Stream 2 pipeline. The authors review the history of the project, analyze the legal and environmental obstacles that the pipeline encountered during the construction stages.
Keywords: NordStream 2, pipeline, natural gas, the European Union (EU), the EU energy policy, sanctions, international energy law.
Bibliographic list of articles
1. Shareholders signed an agreement on Nord Stream 2. – [Electronic resource]. – Access mode: https://iz.ru/news/590969 (access date: 09/01/2023).
2. EU hydrogen strategy. – [Electronic resource]. – Access mode: EUR-Lex – 52020DC0301 – EN – EUR-Lex (europa.eu) (date of access: 09/18/2023).
3. Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common internal market rules for natural gas and repealing Directive 2003/55/EC. – [Electronic resource]. – Access mode: https://base.garant.ru/2570432/ (date of access: 08/31/2023).
4. Countering America’s Adversaries Through Sanctions Act of August 2, 2017. – [Electronic resource]. – Access mode: https://european-court-help.ru/sankcionny-e-zakony-ssha-countering-america-s-adversaries-through-sanctions-act-caatsa-zakon-o-protivodejstvii-protivnikam-ameriki- cherez-sankcii-ot-2017-goda/ (date of access: 09.15.2023).
5. Classification of hydrogen by color. – [Electronic resource]. – Access mode: https://neftegaz.ru/tech-library/energoresursy-toplivo/672526-klassifikatsiya-vodoroda-po-tsvetu/ (date of access: 08/10/2023).
6. UN Convention on the Law of the Sea. – [Electronic resource]. – Access mode: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_r.pdf (access date: 09.15.2023).
7. Medvedev announced the delay period for Nord Stream 2 due to US sanctions. – [Electronic resource]. – Access mode: https://www.rbc.ru/politics/23/12/2019/5e00ec009a7947840e67be97 (date of access: 09/10/2023).
8. The pipes are ready. Construction of Nord Stream 2 will begin without Danish permission. – [Electronic resource]. – Access mode: https://www.forbes.ru/biznes/363889-truby-gotovy-severnyy-potok-2-nachnut-stroit-i-bez-razresheniya-danii (access date: 09/01/2023).
9. What happened to Russian exports to the EU after a year of conflict. – [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5928636#:~:text=For%202022%20%20export%20 of Gazprom, up to%2023–25%20 billion%20 cubic meters (date of access: 01.09. 2023).
10. Francesca Morra. NordStream 2: TheLegalContext. – [Electronic resource]. – Access mode: https://www.ispionline.it/en/publication/nord-stream-2-legal-context-17574 (access date: 09/03/2023).
11. The Nord Stream 2 pipeline. Economic, environmental and geopolitical issues. – [Electronic resource]. – Access mode: https://www.europarl.europa.eu/RegData/etudes/BRIE/2021/690705/EPRS_BRI(2021)690705_EN.pdf (access date: 07/11/2023)
INTERNATIONAL LAW
STEPANOVA Svetlana Igorevna
student of the 4th course of the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
DISPUTE RESOLUTION IN INTERNATIONAL MARITIME LAW: THE ROLE OF INTERNATIONAL COURTS
International maritime law plays an important role in regulating relations between States, ships and other participants in maritime activities. Since maritime activities often involve several States and jurisdictions, there are many questions about the proper settlement of disputes and conflicts that may arise in this area. In such difficult situations, international courts perform a significant function to ensure fair results. The article is devoted to the consideration of the legal aspects of the international settlement of maritime disputes, since today they are of particular importance for maintaining order and resolving conflicts in the maritime sphere.
Keywords: international maritime law, international courts, international maritime dispute, International Court of Justice, arbitration.
Priestarty bibliographic list
1. Jalan B., Tamantirto, Kasihan, Bantul, Daerah I. Y. Diplomacy in Maritime Environmental Disputes in The Perspective of International Court Law // Universitas Muhammadiyah Yogyakarta. – 2021. – P. 1-24.
2. Kiselev A. S. The principle of peaceful resolution of conflicts within the World Ocean and the typology of international territorial-maritime disputes // Scientific records of the Crimean Federal University named after V. I. Vernadsky. Geography. Geology. – 2010. – No. 1. – P. 130-135.
3. Nikitin G. A. International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (ICAC) // Bulletin of Science. – 2019. – No. 12 (21). – pp. 170-174.
INTERNATIONAL LAW
LANCELOT G. Wills
postgraduate student of International law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia, Head of the Customs Oil Department of the Guyana Tax Administration
UTI POSSIDETIS, ITA POSSIDIETAS. ‘THEN AND NOW’
This article sets forth the fundamental objective of briefly tracing the origin of the Uti Possidetis principle through the stages of private roman law application and its transition to international law as a principle of customary international law with eventual wider application in determining title to territory . It concludes with examples of the application of this principle amid other instruments, employed as an instrument in the determination of title in the jurisprudence of International Courts and Tribunals.
Keywords: De facto, De jure, Treaty of Tordesillas, Uti Possidetis, Interim Measures, Doctrine, Sovereignty, Latin America, Territory.
Bibliography
1. Palestine, Uti Possidetis Juris, and the Borders of Israel, Abraham Bell & Eugene Kantorovich, Arizona Law Review, Vol. 58: 633.
2. Note-Includes official collections of roman ecclesiastical legislation commencing circa 1141.
3. H. Lauterpacht, Private law Sources and Analogues of International Law (With Special reference to International Arbitration) (1927).
4. The Heritage of States: The Principle of Uti Possidetis Today, Shaw M., London, Oxford University Press, British Yearbook of International Law, 1996, Vol. 67, p. 76.
5. Nessi, Giuseppe (2011). “Uti Possidetis”. In Wulfrum, Rudiger (ed.) The Max Planck Encyclopedia of International Law. Vol. X. Oxford. Retrieved 30 May 2023.
6. Benton, Lauren; Straumann, Benjamin (2010). “Acquiring Empire by Law: From Roman Doctrine to Early Modern European Practice.” Law and History Review. American Society for Legal History. 28(1); 1-38.
7. Belgian Review of International Law. E-ditions BRUYANT, Bruxelles. 34 (1): 23-99.
8. Treaty of Paris, Virtual Library of the Inter-American Peace Initiatives, 2023.
9. Drawing a Better Line: UTI Possidetis and the Borders of New States, Steven R. Ratner The American Journal of International Law, Vol. 90, No. 4 (Oct., 1996), pp. 590-624 (35 pages), Published By: Cambridge University Press.
10. Malcolm N. Shaw, The Heritage of States: The Principle of Uti Possidetis Today, 67 Brit. Y. B. INT’L L. 75, 115 (1996), at page 104-106-11.
11. Frontier Dispute, Judgment, (Burkina Faso/Republic of Mali), I.C.J. Reports 1986, p. 568.
12. Mirzaev F., The Principle of Uti Possidetis in contemporary International Law and its Application in post-Soviet space: Theory and Practice // Law and Politics No. 6(54). 2004. pp. 43-53.
13. Brownlie, Principles of Public International Law (6th edn, 2003), at 129.
14. North Atlantic Coast Fisheries (United Kingdom v. United States), Permanent Court of Arbitration. II Reports of Intl’l Arbitral Awards (1910) 167, at 180.s
INTERNATIONAL LAW
FARKHUTDINOV Insur Zabirovich
Ph.D. in Law, leading researcher of the Institute of State and Law of the Russian Academy of Sciences
“BATTLE OF THE BOOKS”. “THE DOCTRINE OF TWO SPHERES”. THE EMERGENCE OF THE CONCEPT OF FREE NAVIGATION – THE MAIN CATALYST FOR THE FORMATION OF INTERNATIONAL LAW
The article is devoted to one of the aspects of the genesis of international law, namely the concept of free navigation. The great geographical discoveries and the subsequent colonial conquests of European states created a need for new philosophical and legal doctrines that would serve as the basis for solving acute problems that arose as a result of the clash of interests of different countries. Thus, it was the Great Geographical Discoveries that had a decisive impact on the development of international law, posing new problems for monarchs and scientists that required conceptual understanding. This, according to the author, serves as an argument in favor of an externalist understanding of the genesis of law: namely, law does not develop from within itself, but only in response to external stimuli, be it the development of productive forces or new geographical discoveries. And today’s events in the Red Sea demonstrate that the escalation of reckless attacks by Yemen’s Houthis on civilian ships threatens the free flow of trade and violates international law, thereby jeopardizing the concept of free navigation on which international maritime law has been based for centuries.
Keywords: “Battle of the Books”, “The Doctrine of Two Spheres”, Great geographical discoveries, Ecumene, Treaty of Tordesillas, Treaty of Zaragoza, “papal meridian”, “free sea” by Hugo Grotius, “closed sea” by John Selden.
Bibliographic list of articles
1. Grinin L. E. World order in the past, present and future // History and modernity. 2016. Issue No. 1 (23).
2. Kopelev D.N. Colonial expansion of European powers and the phenomenon of maritime robbery in the 16th – first third of the 18th centuries. M., 2014.
3. Carl Schmitt. “Staatliche Souveraenitaet und freies Meer” in “Das Reich und Europa”. Leipzig, 1941.
4. Gretchen Murphy. Hemispheric Imaginings: The Monroe Doctrine and Narratives of the U.S. Empire. Durham: Duke University Press. 2005.
5. Dunaev A. L. The concepts of “system” and “order” in the historiography of international relations: difficulties of interpretation // Vestn. Moscow un-ta. Ser. 25. International relations and world politics. 2013. No. 2. P. 20.
6. Martens F. Modern international law of civilized peoples. St. Petersburg, 1895. P. 17.
7. Akimov Yu. G. The doctrine of two spheres and the international legal status of the colonial expansion of Europeans (second half of the 16th – early 17th centuries) // Vestn. St. Petersburg University. Ser. 6: 2004. No. 3. P. 126-131.
8. Tarle E. V. Essays on the history of the colonial policy of Western European states (late 15th – early 19th centuries). M.; L.: Nauka, 1965.
9. Volkov S. With a pen and a sword for a free sea. Century XVII // International life. 2009. No. 2. P. 6-7.
10. Akimov Yu. G. From intercolonial conflicts to the battle of empires: Anglo-French rivalry in North America in the 17th – early 18th centuries. Second edition, revised and expanded. SPb.: Publishing house. SPSU, 2005
11. Braudel F. Material civilization, economics and capitalism, XV-XVIII centuries. T. 3. Time of the world. M., 1992. P. 361.
12. Lukshin I.V. International legal regime of the World Ocean and unresolved issues of state sovereignty // Law and Politics. 2002. No. 2. P. 62-66.
13. Volkov S. Yu. Political and legal doctrine of Hugo Grotius in the educational course of Russian universities: historical and theoretical aspects // Integration of Education. 2015. T. 19. No. 3. P. 43-51.
14. Marx K. Capital. T.I.M.: Gospolitizdat, 1948. 794 p.
15. Grotius H. The Free Sea. Indianapolis: Liberty Fund, 2004. [Electronic resource]. – Access mode: http://oll.libertyfund.org/titles/859 (access date: 12/20/2014).
16. Bull H., Kingsbury B., Roberts A. Hugo Grotius and International Relations. N.Y.: Oxford University Press, 2002. 387 p.
17. Armitage D. The intellectual origins of the British Empire. Cambridge: UniversityPress, 2001.
18. Farkhutdinov Insur. The Mysterious and Obvious in American Diplomacy: From Monroe to Trump. Cambridge Scholars Publishing, 2020. (1.1. Ecumene: hemispheric imaginings in international law) P. 6-9.
19. Kolodkin A. L. Modern international maritime law: scientific research. Marine environment protection. Merchant and military shipping. M.: Nauka, 1978.
20. Farkhutdinov I.Z. American doctrine of a preventive strike from Monroe to Trump: international legal aspects. M.: Infra-M, 2021. pp. 110-121.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GADZHIEV Ali Gamidovich
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
THE INSTITUTE OF NEUTRALITY IN THE PERIOD OF ARMED CONFLICT: MODERN CHALLENGES AND PROBLEMS OF INTERPRETATION
In the context of the formation of a multipolar world, the globalization of the international system, the transformation of the system of international relations is taking place, which entails a change, perhaps even the cessation of the existence of established and time- tested institutions of international law. Within the framework of this scientific work, attempts are being made to study the current state and determine trends in the development of the institution of neutrality in the context of the prevailing political realities. The issues of declarativity and the elimination of the policy of neutrality are increasingly being raised in the scientific literature. In this context, modern neutral states are of particular interest, justifying the change in their policies by the impossibility of abstracting from international conflicts in the era of internationalization and globalization.
Keywords: institute of neutrality, policy of neutrality, neutral states, Switzerland, Sweden, Finland, Austria, NATO, special military operation, collective security, globalization, integration.
Bibliographic list of articles
1. Vezhlivtseva N. Yu. Neutrality of Finland as part of its national identity // Bulletin of MGIMO University. – 2019. – No. 2 (65). – pp. 86-100.
2. Karsanova E. S. Modern contours of Swiss neutrality // Power. – 2023. – T. 31, No. 3. – P. 291-297.
3. Kobzar N.V. Swiss neutrality // News of scientific achievements. – 2021. – No. 12. – P. 6-9.
4. “We made a big mistake”: Switzerland is preparing a 180-degree turn. – RIA News. [Electronic resource]. – Access mode: https://ria.ru/20221115/politika-1830748666.html (access date: 12/09/2023).
5. Plevako N. Swedish and Finnish neutrality. In past? // Scientific and analytical bulletin of the Institute of Europe RAS. – 2022. – No. 2 (26). – pp. 24-31.
6. Belinsky A. You can’t execute, you can have mercy! Austrian neutrality on the scales of history // European security: events, assessments, forecasts. – 2022. – No. 65 (81). – pp. 11-16.
7. Krivov S.V., Tolkachev V.V. Neutrality: integration processes in Europe // Modern Europe. – 2019. – No. 5 (91). – pp. 100-110.
8. Chernikina, V. N. Models of neutrality of European countries // Bulletin of the Diplomatic Academy of the Russian Foreign Ministry. Russia and the world. – 2019. – No. 1 (19). – pp. 115-126.
9. Ponamareva A. Finland on the threshold of NATO: the social dimension of the renunciation of neutrality // European security: events, assessments, forecasts. – 2022. – No. 65 (81). – pp. 17-24
10. Heute. Nehammer über Neutralität: “Frage stellt sich nicht.” [Electronic resource]. – Access mode: https://www.heute.at/s/nehammer-ueber-neutralitaet-frage-stellt-sich-nicht-100207562 (access date: 11/09/2023)
11. Servus TV. [Electronic resource]. – Access mode: https://www.servustv.com/aktuelles/v/aahw9csr9frlwacg09g6/ (access date: 11/09/2023)
INTERNATIONAL LAW
must be respected (pacta sunt servanda), principles of international law, universal
character.
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
ON THE EMERGENCE AND DEVELOPMENT OF INTERNATIONAL NORM-SETTING IN THE ERA OF M.M.
SPERANSKY(THE FIRST HALF OF THE XIX CENTURY)
The article highlights the issue of the peculiarities of the systematization of the norms of international law in the imperial period of the
formation of the Russian state. The author analyzes the features of the system of international relations, the international treaties adopted during the period of classical international law, including those devoted to the protection of human rights and fundamental freedoms in the era of the great Russian reformer M. M. Speransky. The author comes to the conclusion that in the era of M. M. Speransky, the postulates of the Great French Revolution were reflected in the legislation of imperial Russia.
Keywords: systematization, norms of international law, concept, treaties must be respected (pacta sunt servanda), principles of
international law, universality.
Bibliographic list of articles
1. Anzilotti D. Course of international law. Volume one. Introduction – general theory. – M.: Foreign Literature Publishing House, 1961.
2. Baskin Yu. Ya., Feldman D. I. History of international law. – M. 1990. 3. Gefter A.V. European international law. – St. Petersburg, 1880.
4. Desnitsky S. E. A word about the direct and closest method to teaching jurisprudence. In a public meeting of the Imperial Moscow University
which was for the all-joyful day of the accession to the All-Russian throne of Her Imperial Majesty,
Most Serene Highness of the Great Empress Catherine Alekseevna, Autocrat of All Russia // Social Thought
Russia of the 18th century. T. 2. Philosophia moralis / Comp., intro. article and comment. T. V. Artemyeva. – M., 2010.
5. Zhirukhina Y. V. Implementation of the ideas of M. M. Speransky in modern Russia / Y. V. Zhirukhina, E. B. Kalashnikova // Science, education, society: trends
and development prospects: materials of the IV International. scientific-practical conf. (Cheboksary, February 26, 2017). In 2 vols. T. 2 / Editorial team: O. N. Shirokov [and others]. – Cheboksary: CNS “Interactive Plus”, 2017.
6. Zolotnitsky V. T. Abbreviation of natural law, selected from different carsditch for the benefit of Russian society / [op.] Vladimir Zolotnitsky. – St. Petersburg, 1764. – [12], 147, [1] p.
7. Golden fund of Russian science of international law. T. 1. Course of international law / D. I. Kachenovsky; International law / M. N. Kapustin; Lectures on international law / N. M. Korkunov. – International relations, 2021. – 368 pp.
8. Klyuchnikov Yu. V., Sabanin A. International politics of modern times in treaties, regulations and declarations. – Part 1. – M., 1925.
9. Kodan S.V. Legal policy of the Russian state (1800-1850s): Dis. … doc. legal Sciences: 12.00.01. – Ekaterinburg, 2004. – 475 p. RSL OD, 71:05-12/69.
10. Kozelsky Y. P. Philosophical proposals composed by the court adviser and the government senate secretary Yakov Kozelsky in St. Petersburg in 1768 // Social Thought
Russia 18th century. In 2 volumes. T. 1. – M.: Russian Political Encyclopedia, 2010.
11. Levin D. B. Preface to Anzilotti D. Course of International Law. Volume one. Introduction – general theory. – M.: Publishing house of foreign literature. – 1961.
12. Lukashuk I. I. International law. A common part. – M., 1996.
13. Malinovsky V. F. Selected socio-political works. – M. 1958.
14. Martens F. F. Modern international law of civilized peoples. – St. Petersburg, 1882. – P. 230.
15. Tunkin G.I. Preface to Ferdross A. International law. – M.: Foreign Literature Publishing House, 1959.
16. Charter on the management of non-residents of July 22, 1822 // V. A. Kryazhkov. Status of small indigenous peoples of Russia. Legal acts (book two). – M.: Mr. Tikhomirov M. Yu., 1999.
17. Ferdross A. International law. – M.: Foreign Literature Publishing House, 1959.
18. Shtyrov V. A. State policy in the field of ensuring sustainable development of indigenous peoples of the North, Siberia and the Far East of Russia // Current status and development paths of indigenous peoples of the North, Siberia and the Far East of the Russian Federation. Federation Council of the Federal Assembly of the Russian Federation.
19. List F. International law in a systematic presentation. – Yuryev (Derpt), 1912. P.III.
20. Durdenevsky V. Vattel and his “Law of Peoples” / De Vattel E. Law of Peoples or principles of natural law applied to the behavior and affairs of nations and sovereigns. – M.: State. ed. Legal literature, 1960.
21. Komarovsky L. A. International law. – Moscow: Typo-lithography by G. I. Prostakov, 1905. – 118 p. – [Electronic resource]. – Access mode: https://biblioclub.ru/index.php?page=book&id=231988 (access date: 12/04/2023). – ISBN 978-5-4458-7948-0.
INTERNATIONAL LAW
MAKHMUTOVA Liliya Ayratovna
magister student of International law and international relations sub-faculty of the Ufa University of Science and Technology
DEVELOPMENT OF TOOLS FOR STATE SUPPORT OF RUSSIAN EXPORTS AND IMPORTS IN MODERN CONDITIONS
This article is devoted to the study and analysis of the development of instruments of state financial support for Russian exports in modern conditions. The purpose of the article is to study the features of state export support systems in Russia, taking into account the current foreign policy situation, which complicates the participation of the Russian Federation in international trade. To achieve this goal, the basics of state regulation of foreign trade activities are considered, the purpose, advantages and risks of an exporting enterprise entering the international market are shown, the concept, main types and stages of evolution of state export support are revealed.
Keywords: support for Russian exports; state institutions for export support; foreign trade; export support measures; export; import.
Bibliographic list of articles
1. Kuprikov A. A. State support for the export of industrial products: world experience and Russian practice: dis. …cand. econ. Sci. M., 2013. 248 pp.
2. Melnikov A. A. Foreign economic policy of the state: a textbook for universities. M.: Eurasian Open Institute, 2011. 408 p.
3. Ushkalova D.I. Foreign trade of Russia in new conditions // Journal of the New Economic Association. 2020. pp. 199-207.
4. Obolensky V.P. Integration projects of Russia and the EAEU: a chance to increase exports? Contours of global transformations: politics, economics, law. 2020. No. 13 (3). pp. 156-175.
INTERNATIONAL LAW
SMIRNOVA Maya Ivanovna
Ph.D.in pedagogical sciences, associate professor, associate professor of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
IMPLEMENTATION OF THE RIGHTS OF THE DEAF IN LAW ENFORCEMENT IN RUSSIA AND AMERICA
The article is devoted to issues of the policy of the Russian Federation and the United States related to the provision of rights to deaf citizens in obtaining equal opportunities to gain access to information in the field of law enforcement agencies. The main international and national regulatory and legal documents regulating the implementation of the linguistic rights of people with hearing disabilities and attitudes towards sign languages are analyzed. The activities of Russian and American government agencies for social protection and support of people with hearing impairment are considered.
Keywords: deaf, hearing impairment, language rights, equal rights, life activity, Russian sign language, law enforcement officers, effective communication, access to information.
Bibliographic list of articles
1. Convention on the Rights of Persons with Disabilities. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/disability.shtml (access date: 08/28/2023).
2. Federal Law of May 3, 2012 No. 46-FZ “On the ratification of the Convention on the Rights of Persons with Disabilities” (current version). [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
3. Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation” (as amended on April 28, 2023)). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/9014513 (date of access: 08/28/2023).
4. Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (current version). [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
5. Order of the Ministry of Internal Affairs of Russia dated May 12, 2015 No. 544 “On approval of the Procedure for determining positions in the internal affairs bodies of the Russian Federation, the performance of duties for which requires the knowledge of Russian sign language by employees of the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
6. Order of the Ministry of Internal Affairs of Russia and the Ministry of Education and Science of Russia dated June 15, 2015 No. 681/587 “On the extent of proficiency in Russian sign language by employees of the internal affairs bodies of the Russian Federation holding certain positions in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: http://www.garant.ru. (date of access: 08.28.2023).
7. Alberts J. Law and the Deaf. [Electronic resource]. – Access mode: https:http://www.startasl.com/law-and-the-deaf/ (access date: 08/28/2023).
8. Communication Access Realtime Translation. [Electronic resource]. – Access mode: https://www.nad.org/resources/technology/captioning-for-access/communication-access-realtime-translation/ (date of access: 08/28/2023).
9. Model policy for law enforcement on Communicating with people who are Deaf or hard of hearing. [Electronic resource]. – Access mode: https://archive.ada.gov/lawenfmodpolicy.htm (access date: 08/28/2023).
INTERNATIONAL LAW
AKHMEDOVA Indira Valiabdullaevna
magister student of the 3rd course of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
INTERNATIONAL LEGAL AND NATIONAL REGULATION OF EXTRADITION
The article examines the current problems of extradition as a complex legal institution, examines its features and legal nature. The author attempts to analyze the main provisions of the European Convention on Extradition ETS N 024 of December 13, 1957, as well as the norms of domestic legislation in order to identify problems in the legal regulation of the institution of extradition, as well as ways to resolve them.
Keywords: the Institute of extradition, transnational crime, cybercrime, interstate cooperation, bilateral agreements.
Bibliographic list of articles
1. Akhtar Sh. About Globalization // The United Nations Department of Economic and Social Affairs, 2013. [Electronic resource]. – Access mode: http://www.un.org/en/development/desa/usg/statements/asg/2013/10/report-of-the-secretary-general-on-globalization-and-interdependence.html ( date of access: 03.11.2023).
2. Mokina A. A. Regulation of the institution of extradition in the modern world // Young scientist. – 2017. – No. 27 (161). – pp. 54-56.
3. Smirnov M.I. The concept and legal nature of extradition (extradition) // Modern law. – 2007. – No. 3. – P. 12-17.
4. Knyazev A. Extradition of a criminal (extradition) // Legality. – 2006. – No. 7 (861). – pp. 42-44.
5. In the first quarter, the Russian Federation received 19 refusals from the West for extraadition and 15 refusals of legal assistance. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5912998 (date of access: 10/30/2023).
6. Lobov S. A. Extradition of cybercriminals: problems and trends in the development of international legal assistance // Essays on the latest cameralistics. – 2023. – No. 2. – P. 32-36.
7. Report of the working group on UN cooperation CTOC/COP/WG.3/2018/5. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/V18/054/41/pdf/V1805441.pdf?OpenElement (access date: 10/30/2023).
INTERNATIONAL LAW
MARAKHOVSKAYA Kristina Gennadjevna
undergraduate student of the training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
THE IMPACT OF ARMED CONFLICT ON THE SAFETY OF NAVIGATION
This article examines the impact of armed conflict on the safety of navigation. Due to the fact that many sea routes pass through regions prone to armed conflict, serious challenges are being created to ensure the safety of navigation. The author analyzes various aspects of this impact, including the threat of piracy, the effectiveness of international measures to ensure the safety of navigation in conflict zones, the impact of armed conflicts on sea routes and ports, as well as on the global economy. The article also offers recommendations on improving the safety of navigation in conditions of armed conflict.
Keywords: shipping, security, economy, armed conflict, aftermath, tanker, oil, impact, impact.
Bibliographic list of articles
1. Abgarjan D. Disputes about the immediate release of detained ships and crews in the practice of the International Tribunal for the Law of the Sea // International Law. – 2014. – No. 3. – P. 201-226.
2. Sahab A. A. N. Iraq-Kuwait armed conflict 1990–1991. And its international consequences // Bulletin of the Volga University named after. V. N. Tatishcheva. – 2011. – No. 8. – P. 139–144.
3. Slinkin M. M. Iran-Iraq War 1980–1988. Fight at sea. – Simferopol: Taurus. national univ., 2001. – 222 p.
4. Aleksanin S. S., Bogoslovsky M. M., Rybnikov V. Yu., Rogalev K. K., Gudz Yu. V., Drygina L. B., Shapovalov S. G. Ecological terrorism – phenomenology, types, factors, prevention // Property management: theory and practice. – 2018. – No. 1. – P. 4-11.
INTERNATIONAL LAW
GOMENYUK Maxim Anatoljevich
student of the Far Eastern Federal University, Vladivostok
KLEMENTJEVA Darya Andreevna
student of the Far Eastern Federal University, Vladivostok
SKACHKOVA Margarita Alexeyevna
student of the Far Eastern Federal University, Vladivostok
BASENKO Denis Viktorovich
student of the Far Eastern Federal University, Vladivostok
VETROVA Anna Andreevna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF NATIONAL POLICY UNDER THE INFLUENCE OF EUROPEAN INTEGRATION: CHALLENGES AND PROSPECTS OF EUROPEAN DEMOCRACY
In recent decades, European integration has played a key role in reforming the political landscape of nation States. This article explores how the Europeanization of national politics affects the political preferences of citizens and the dynamics of intraparty competition. Special attention is paid to the impact of this process on the quality of European democracy, considering it through the prism of relations between citizens and their representatives. The article also examines the issues of coherence between the opinions of citizens and the political elite, as well as potential challenges and opportunities for further development of European politics.
Keywords: Europeanization, national politics, European democracy, polarization, electoral preferences, anti-elite parties, European Union, political integration.
Bibliographic list of articles
1. Ares M., Ceka B. & Kriesi H. (2017). Diffuse support for the European Union: spillover effects of the politicization of the European integration process at the domestic level // Journal of European Public Policy. – 2017. – No. 24 (8). – R. 1091-1115.
2. Börzel T. A. & Risse T. From the euro to the Schengen crises: European integration theories, politicization, and identity politics // Journal of European Public Policy. – 2018. – No. 25 (1). – R. 83-108.
3. De Vries C. E. Sleeping giant: Fact or fairytale? How European integration affects national elections // European Union Politics. – 2007. – No. 8 (3). – R. 363-385.
4. De Vries C. E. & Edwards E. E. (2009). Taking Europe to its extremes: Extremist parties and public Euroscepticism // Party Politics. – 2009. – No. 15 (1). – R. 5-28.
5. De Vries C. E. & Hobolt S. B. (2012). When dimensions collide: The electoral success of issue entrepreneurs // European Union Politics. – 2012. – No. 13 (2). – R. 246-268.
6. Habermas J. Toward a cosmopolitan Europe // Journal of Democracy. – 2003. – No. 14 (4). – R. 86–100.
7. Hagemann S., Hobolt S. B. & Wratil C. Government responsiveness in the European Union: Evidence from Council voting // Comparative Political Studies. – 2017. – No. 50 (6). – R. 850-876.
8. Hix S. What’s Wrong with the Europe Union and How to Fix it. – Cambridge: John Wiley & Sons, 2013.
9. Hobolt S. B. & De Vries C. E. (2015). Issue entrepreneurship and multiparty competition // Comparative Political Studies. – 2015. – No. 48 (9). – R. 1159-1185.
10. Hobolt S. B. & De Vries C. E. Public support for European integration // Annual Review of Political Science. – 2016. – No. 19. – R. 413-432.
INTERNATIONAL LAW
ERSHOVA Anna Alexandrovna
student of the Far Eastern Federal University, Vladivostok
MASLOV Pavel Nikolaevich
student of the Far Eastern Federal University, Vladivostok
KOTIK Anastasiya Olegovna
student of the Far Eastern Federal University, Vladivostok
SOROKIN Danil Sergeyevich
student of the Far Eastern Federal University, Vladivostok
VERETELNIKOVA Polina Pavlovna
student of the Far Eastern Federal University, Vladivostok
MODELS AND APPROACHES TO THE ANALYSIS OF EUROPEAN INTEGRATION
This review is a study of three key approaches to understanding European integration: neo-functionalism, intergouvermentalism and post-functionalism. The article examines how each of these approaches interprets the basic principles behind the European integration and disintegration processes. The authors analyze various aspects such as economic interdependence, national identity and the role of mass politics in shaping integration strategies. The article aims to provide the reader with an objective view of the complex process of European integration, identifying opportunities and obstacles to the creation of a more united continent.
Keywords: European integration, neo-functionalism, intergovernmentalism, post-functionalism, political psychology, mass politics, economic interdependence, identity, discursive analysis.
Bibliographic list of articles
1. Bartolini S. Restructuring Europe: Center Formation, System Building, and Political Structuring between the Nation State and the European Union. – Oxford: Oxford University Press, 2005.
2. Bauer M. W. & Becker S. (2014). The unexpected winner of the crisis: the European Commission’s strengthened role in economic governance // Journal of European Integration. – 2014. – No. 36 (3). – R. 213-29.
3. Bayer L. & de la Baume M. (2018). Hungary picks a fight in Brussels. Politico, April 26.
4. Bickerton C. J., Hodson D. & Puetter U. The new intergovernmentalism and the study of European integration. In C.J. Bickerton, D. Hodson & U. Puetter (Eds.), The New Intergovernmentalism: States and Supranational Actors in the Post-Maastricht Era. – Oxford: Oxford University Press, 2015. – R. 1-50.
5. Biermann F., Guérin N., Jagdhuber, S. Rittberger B. & Weiss M. (2019). Political (non)reform in the Euro crisis and the refugee crisis: a liberal intergovernmentalist explanation // Journal of European Public Policy. – 2019. – No. 26 (2). – No. 246-66.
6. Blauberger M. & Kelemen D. R. Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU // Journal of European Public Policy. – No. 2017. – No. 24 (3). – R. 321–36.
7. Börzel T. A. From EU governance of the crisis to crisis of EU governance: regulatory failure, redistributive conflict and eurosceptic publics. JCMS // Journal of Common Market Studies. – 2016. – No. 54 (Annual Review). – R. 8-31.
8. Börzel T. A. & Risse T. (2018). From the Euro to the Schengen crises: European integration theories, politicization, and identity politics // Journal of European Public Policy. – 2018. – No. 25 (1). – R. 83-108.
9. Dalton R. J. Political Realignment: Economics, Culture and Electoral Change. – Oxford: Oxford University Press, 2018.
INTERNATIONAL LAW
KUNGUROVA Alexandra Alexandrovna
student Far Eastern Federal University, Vladivostok
KAZYMOV Amin Ilyasovich
student Far Eastern Federal University, Vladivostok
GORYACHKINA Maria Mikhailovna
student Far Eastern Federal University, Vladivostok
TUROV Stepan Evgenyevich
student Far Eastern Federal University, Vladivostok
SOFRINA Alina Alexeyevna
student Far Eastern Federal University, Vladivostok
ILLIBERALISM IN EUROPE: THE EUROPEAN UNION’S RESPONSE TO POLITICAL TRENDS
The article examines the complex dynamics of relations between the European Union and liberal tendencies, especially manifested in Poland and Hungary. Various approaches to understanding the outcomes of this dynamics are considered: intergovernmentalism, neofunctionalism and postfunctionalism. The actions and decisions of the European Commission, the European Court of Justice and national governments are analyzed in the context of preserving the basic values and principles of the EU, as well as the internal factors of illiberalism and its impact on political processes in the member states.
Keywords: European Union, liberalism, Poland, Hungary, European Commission, European Court of Justice, inter-fundamentalism, neo-functionalism, post-functionalism, legal system, democracy, national sovereignty, sanctions , article 7, national governments.
Bibliographic list of articles
1. Hix S. ‘When optimism fails: liberal intergovernmentalism and citizen representation’, JCMS // Journal of Common Market Studies. – 2018. – No. 56 (7). – R. 1595-1613.
2. Hobolt S. B. ‘The Brexit vote: a divided nation, a divided continent’ // Journal of European Public Policy. – 2016. – No. 23 (9). – R. 1259-1277.
3. Hobolt S. B., Leeper T. & Tilley J. Divided by the Vote: Affective Polarization in the Wake of Brexit. – Boston: APSA, 2018.
4. Hobolt S. B. & Tilley J. ‘Fleeing the centre: the rise of challenger parties in the aftermath of the Euro crisis’ // West European Politics. – 2016. – No. 39 (5). – R. 971-991.
5. Hodson D. & Puetter U. (2019). ‘The European Union in disequilibrium. New intergovernmentalism, postfunctionalism and integration theory in the post-Maastricht period’ // Journal of European Public Policy. – 2019. – No. 26 (8). – R. 1153-1171.
6. Hooghe L., Lenz T. & Marks G. A Theory of International Organization. – Oxford: Oxford University Press, 2019.
7. Gamble A. ‘Taking back control: the political implications of Brexit’ // Journal of European Public Policy. – 2018. – No. 25 (8). – R. 1215-1232.
8. Genschel P. & Jachtenfuchs M. ‘From market integration to core state powers: the Eurozone crisis, the refugee crisis and integration theory’, JCMS // Journal of Common Market Studies. – 2018. – No. 56 (1). – R. 178-196.
9. Grande E. & Kriesi H. (2016). In Hutter, S., Grande, E. & Kriesi, H. (eds.), Politicizing Europe: Integration and Mass Politics. – Cambridge: Cambridge University Press, 2016. – R. 279-300.
10. Greskovits B. ‘Rebuilding the Hungarian right through civil organization and contention: the civic circles movement’, EUI Working Paper RSCAS 2017/37, 2017.
INTERNATIONAL LAW
MASTYUKOVA Irina Igorevna
student of the Far Eastern Federal University, Vladivostok
BABICHEVA Anastasiya Sergeevna
student of the Far Eastern Federal University, Vladivostok
PESTRETSOV Ivan Vyacheslavovich
student of the Far Eastern Federal University, Vladivostok
KUTSEPALOVA Valeriya Sergeevna
student of the Far Eastern Federal University, Vladivostok
VINOGRADOVA Sofya Alexeevna
student of the Far Eastern Federal University, Vladivostok
DYNAMICS OF INTEGRATION PROCESSES IN THE EUROPEAN UNION: FROM BORDERS TO ECONOMIC STRATEGIES
The article highlights the dynamics of European integration with an emphasis on the process of border formation. The development of integration processes is studied taking into account external and internal factors such as globalization, democratization and economic competition. The analysis shows how the changing international environment and internal transformations of the EU affected the process of borders and integration in general.
Keywords: European integration, borders, globalization, democratization, economic competition, external and internal factors, Cold War, international environment.
Bibliographic list of articles
1. Daugbjerg C. (2017). Responding to non-linear internationalization of public policy: The World Trade Organization and reform of the CAP 1992-2013 // Journal of Common Market Studies. – 2017. – No. 55 (3). – R. 486-501.
2. Bieber F. (2018). Patterns of competitive authoritarianism in the Western Balkans // East European Politics. – 2018. – No. 34 (3). – R. 337-354.
3. Bergmann J., & NiemannA. (2018). From neo-functional peace to a logic of spillover in EU external policy: A response to Visoka and Doyle // Journal of Common Market Studies. – 2018. – No. 56 (2). – R. 420-438.
4. Genschel P., & Jachtenfuchs M. Postfunctionalism reversed: Solidarity and rebordering during the Corona crisis // Journal of European Public Policy. – 2021.
5. Bélanger M., & Schimmelfennig F. Politicization and Rebordering in EU Enlargement: Membership Discourses in European Parliaments // Journal of European Public Policy. – 2021.
6. De Wilde, P., et al. (ed.). The struggle Over borders. Cosmopolitanism and communitarianism. – Cambridge University Press, 2019.
7. Eilstrup-Sangiovanni M. Re-bordering Europe? Collective Action Barriers to ‘Fortress Europe’ // Journal of European Public Policy. – 2021.
8. Genschel, P., & Jachtenfuchs, M. (2018). From market integration to core state powers: The Eurozone crisis, the refugee crisis and integration theory // Journal of Common Market Studies. – 2018. – No. 56 (1). – R. 178-196.
9. Bradford A. The Brussels Effect: How the European Union rules the world. – Oxford University Press, 2020.
10. Albert M. Governance and democracy in European systems: On systems theory and European integration // Review of International Studies. – 2002. – No. 28 (2). -R. 293-309.
INTERNATIONAL LAW
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
BELOUSOV Nikita Alexeyevich
student of the Far Eastern Federal University, Vladivostok
KHLYUPOV Ilya Viktorovich
student of the Far Eastern Federal University, Vladivostok
VERKHOTUROVA Darya Alexeyevna
student of the Far Eastern Federal University, Vladivostok
VDOVENKOVA Olga Viktorovna
student of the Far Eastern Federal University, Vladivostok
INTEGRATION AND CRISES IN THE EUROPEAN UNION: AN ANALYSIS OF POLITICAL AND SOCIAL RESPONSES
This material is a comprehensive analysis of various crisis phenomena within the European Union, starting with the consequences of the Eurocrisis and ending with the migration crisis of 2015. The article highlights theoretical approaches such as neo-functionalism, intergovernmental approach and post- functionalism for interpreting reactions and decisions of EU member states. This study provides a deeper understanding of the dynamics, challenges and complexities of European integration in the context of major crises.
Keywords: European Union, migration crisis, Eurocrisis, integration, neo-functionalism, intergovernmental approach, post-functionalism, national identity, political conflict, immigration.
Bibliographic list of articles
1. Dalton R. J. Political Realignment: Economics, Culture and Electoral Change. – Oxford: Oxford University Press, 2018.
2. Deutsch K. W. Nationalism and Social Communication. – Cambridge: MIT Press, 1966.
3. Diez-Medrano J. Framing Europe: Attitudes to European Integration in Germany, Spain, and the United Kingdom. – Princeton: Princeton University Press, 2003.
4. De Vries C. E. The cosmopolitan-parochial divide: changing patterns of party and electoral competition in the Netherlands and beyond // Journal of European Public Policy. – 2018. – No. 25 (11). – R. 1541-1565.
5. Börzel, T. A., and Risse, T. (2018). From the Euro to the Schengen crises: European integration theories, politicization, and identity politics // Journal of European Public Policy. – 2018. – No. 25 (1). – R. 83-108.
6. Borzel T. A. (2016). From EU governance of the crisis to crisis of EU governance: regulatory failure, redistributive conflict and eurosceptic publics // JCMS: Journal of Common Market Studies. – 2016. – No. 54 (Annual Review). – R. 8-31.
7. Blauberger, M., and Kelemen, D. R. (2017). Can rescue courts national democracy? Judicial safeguards against democratic backsliding in the EU // Journal of European Public Policy. – 2017. – No. 24 (3). – R. 321-336.
8. De Wilde P., Leupold A., and Schmidtke, H. (2016). The differentiated politicization of European governance // West European Politics. – 2016. – No. 39 (1). – R. 1-182.
9. Dennison J. and Geddes A. Brexit and the perils of Europeanized migration // Journal of European Public Policy. – 2018. – No. 25 (8). – R. 1137-1153.
INTERNATIONAL LAW
MOKHAMED Salem Abdalahe Taleb
postgraduate student of the 2nd course of International law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
INTERNATIONAL LEGAL STATUS OF WESTERN SAHARA
This year marks more than half a century since the UN General Assemblyproclaimed the right of the Saharan people to self-determination. During this long period, during which the Territory was subject to colonial succession, first to Spanish control and then to Moroccan military occupation, the United Nations annually reaffirmed this right and is now considered the last colony in Africa, and since then the General Assembly has reaffirmed the “responsibility of the United Nations to the people of Western Sahara” and the right of the Saharan people to “self-determination and independence in accordance with the principles enshrined in the Charter of the United Nations and its resolution 1514 (XV)” . In this article, we will explain the legal status of Western Sahara in international law and how to apply Security Council resolutions to achieve a final settlement of this conflict.
Keywords: Western Sahara, The Security Council, UN, The General Assembly, Occupation, Resolutions.
Bibliographic list of articles
1. Western Sahara, 1975I.C.J. 12, para. 77 (Oct. 16) (advisory opinion).
2. General Assembly Resolution 1514 (XV) of the United Nations
3. General Assembly Res. 3292 (XXIX) of 13 December 1974.
4. ICJ, Western Sahara, Advisory Opinion of 16 October 1975, ICJ Reports 1975, p. 20, par. 20.
5. Ibidem.
6. See also General Assembly Res. 1541 of 15 December 1960, UN Doc. A/4684 (1960).
7. Western Sahara, p. 33, par. 59.
8.CIAS/Plen.2/Rev.2.
9. A/RES/2074 (XX), 17 December 1965.
10. A/RES/2288, 7 December 1967.
11. A/RES/2248 (S-V), 19 May 1967.
12. THE WESTERN SAHARA SELECTED PRIMARY LEGAL SOURCES [15 BASIC STATEMENTS ON THE CONFLICT]
13. ICJ, East Timor (Portugal v. Australia), ICJ Reports 1995, p. 92, par. 1.
14. East Timor, Application of 22 February 1991, par. 32. Available at: http://www.icjcij.org/docket/files/84/6809.pdf (last accessed on 1 November 2009).
15. East Timor, ICJ Reports 1995, p. 102, par. 29.
16. B. Simma, Does the UN Charter provide an Adequate Legal Basis for Individual or Collective Responses to Violations of Obligations erga omnes?, in: Delbrück, J. (ed.), The Future of International Law Enforcement, New Scenarios-New Law ?, Berlin: Duncker & Humblot, 1993, p. 126.
17. After the referendum of 30 August 1999 the transitional government was entrusted to the United Nations Transitional Administration of East Timor (UNTAET), which was established on 25 October 1999. UNTAET administered the territory until 20 May 2002 when East Timor became officially independent.
18. East Timor, ICJ Reports 1995, p. 106, par. 38. In paragraph 29 of the judgment the Court had already stated that it could not rule on the lawfulness of the conduct of a State when its judgment would imply an evaluation of the lawfulness of the conduct of another State which is not a party to the case, even if the right in question were a right erga omnes.
19. Rosenne’s The World Court: What It Is and how It Works, 6th completely revised edition by T.D. Gill,Leiden: Martinus Nijhoff Publishers, 2003, p. 193.
20. Cassese, supra note 1, p. 351.
21. See General Assembly Res. 59/180 of 20 December 2004 entitled ‘Universal realization of the right of peoples to self-determination’. In the relevant paragraph this resolution reads: ‘Declares its firm opposition to acts of foreign military intervention, aggression and occupation, since these have resulted in the suppression of the right of peoples to self-determination and other human rights in certain parts of the world . [emphasis in original]’
22. J. Crawford, supra note 1, pp. 592 and 605.
23. M. Ragazzi, The Concept of International Obligations Erga Omnes, Oxford University Press, 1997, p.
24. See G. Zyberi, supra note 1, pp. 29-31.
25. The Court in the Barcelona Traction case held that the obligations of a State towards the international community are obligations erga omnes. Such derive, for example in contemporary international obligations law from… principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law…; others are conferred by international instruments of a universal or quasiuniversal character a whole. See Barcelona Traction, Judgment of 5 February 1970, ICJ Reports 1970, p. 32, par. 33.
INTERNATIONAL PRIVATE LAW
BATURYAN Margarita Avetisovna
Ph.D. in philological sciences, associate professor of Foreign languages sub-faculty of the I. T. Trubilin Kuban State Agrarian University
GOLOBORODKO Artyom Vladimirovich
magister student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
SOLVINGTHE PROBLEMS OF THE PRACTICAL APPLICATION OF THE BACKLINK IN PRIVATE INTERNATIONAL LAW ON THE EXAMPLE OF RUSSIAN LEGISLATION
Within the framework of this study, the author examines the problem of the practical application of the backlink as an institution of private international law. In order to analyze various approaches to the topic under study, the author has studied various approaches in the legislation of states on the use of backlink. A systematic analysis of the provisions of Russian legislation regarding the application of this institution in comparison with the legislation of foreign countries has been carried out. The various points of view of domestic scientists advocating the adoption of a backlink are studied, and the advantages of using this institute of private international law are highlighted.
Keywords: conflict of laws rule, backlink, international agreement, foreign law.
Bibliographic list of articles
1. Anufrieva L.P. International private law. In 3 volumes. Volume 1. General part. – M.: BEK, 2002. – 283 p.
2. Marysheva N. I. Reverse reference in private international law: Russian legislation // Journal of Russian Law. – 2018. – No. 11. – P. 55.
3. Shekhovtsova N. S. Problems of using reverse reference in private international law // Young scientist. – 2020. – No. 27. – P. 320.
4. Chestnykh D.N. The problem of reverse reference in private international law // Young scientist. – 2020. – No. 51 (341). – P. 310.
EUROPEAN LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Department of the Institute of State and Law of the Russian Academy of Sciences
THE PROVISION ON TRANSFER OF POWERS TO THE EUROPEAN UNION IN PRACTICE OF CONSTITUTIONAL COURTS (GERMANY AND CZECH REPUBLIC EXPERIENCE)
The article analyzes the legal positions of such constitutional courts of the Member States of the European Union as Germany and the Czech Republic. The Federal Constitutional Court of Germany is one of the most authoritative supreme courts in Europe. Since the 1970s, he has been forming legal positions concerning certain aspects of European integration. His approach to the division of competence between the Union and the national authority is one of the most rigorous, consistent and developed. He established a large number of restrictions on the transfer of sovereign powers and its implementation by EU institutions issuing secondary law. In addition, a methodology in relation to possible exceeding the limits of competence (ultra vires) has been developed in practice of the Constitutional Court. However, the Court does not strictly always adhere to it. In contrast, the practice of the Czech Constitutional Court began to take shape quite recently after the state became a Member of the European Union in 2004. It is friendly towards EU institutions; it does not maximize State sovereignty and grants the parliament the right to determine the limits of competence. But sometimes the respective constitutional courts are considered in the article express a certain solidarity. This concerns the supremacy of the Constitution over the acts of the European Union. Both courts recognize that ultra vires control should be exercised only in exceptional cases and in a friendly manner to European law.
Keywords: European law, European Union law, constitutional law, constitutional justice, transfer of powers, State sovereignty.
Bibliographic list of articles
1. Timmermans Ch. ECJ Doctrines on Competences // The Question of Competence in the European Union / Ed. by L. Azoulay. – Oxford: Oxford University Press, 2014.
2. Blanke H.-J., Mangiameli S. A Treaty on European Union: A Commentary. – Berlin: Springer, 2013.
3. Baun M. An Imperfect Union: The Maastricht Treaty and the New Politics of European Integration (The New Europe Interdisciplinary Perspectives). – New York: Routledge, 2019.
4. Kühn Z. The Czech Republic: From a Euro-Friendly Approach of the Constitutional Court to Proclaiming a Court of Justice Judgment Ultra Vires // National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law / Ed. by A. Albi, S. Bardutzky. – The Hague: Springer, 2019.
5. Wiegand M. Germany’s International Integration: The Rulings of the German Federal Constitutional Court on the Maastricht Treaty and the Out-of-Area Deployment of German Troops // American University International Law Review. – 1995. – Vol. 10. – Iss. 2. – P. 889-916.
6. Wendel M. Exceeding Judicial Competence in the Name of Democracy. The German Federal Constitutional Court’s OMT Reference // European Constitutional Law Review. – 2014. – Vol. 10. – Iss. 2. – P. 263-307.
7. Vasilyeva T. A. EU Court and constitutional issuesuds of the member states of the European Union in search of constitutional identity // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2019. – No. 2. – P. 32-58.
8. Eurocontrol I. Order of 23 June 1981 // BVerfGE 58, 1. Wiegand M. Germany ‘s International Integration: The Rulings of the German Federal Constitutional Court on the Maastricht Treaty and the Out-of-Area Deployment of German Troops / / American University International Law Review. – 1995. – Vol. 10. – Iss. 2. – P. 915.
EUROPEAN LAW
SKAZIN Nikita Andreyevich
master’s degree Far Eastern Federal University, Vladivostok
BRYKOVA Darya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
KARAGODINA Elizaveta Sergeyevna
student of the Far Eastern Federal University, Vladivostok
RYMAR Boris Nikolaevich
student of the Far Eastern Federal University, Vladivostok
SVISTAK Anastasiya Vitalyevna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF BORDERS IN THE EUROPEAN UNION: INTERNAL AND EXTERNAL CHALLENGES
The article examines the processes of border changes in the context of the European Union, analyzes the internal and external factors that influence these dynamics. Attention is paid to the consequences of such a change for the security, democracy and integration of the EU, as well as various approaches to reorienting borders based on structural, economic and political realities.
Keywords: European Union, border dynamics, internal reorientation, external reorientation, security, democracy, integration, structural conditions, economic differences, political negotiations.
Bibliographic list of articles
1. Moravcsik, A. Negotiating the single European Act. National interests and conventional statecraft in the European community // International Organization. – 1991. – No. 45 (1). – R. 19-56. https://doi.org/10.1017/S0020818300001387.
2. Rodrik D. The globalization paradox: Democracy and the future of the world economy. – Norton, 2011.
3. Lavenex, S., Krizic, I., Veuthey, A. EU boundaries in the making: Functionalist versus federalist // Journal of European Public Policy. – 2021. https://doi.org/10.1080/13501763.2021.1881586
4. Schimmelfennig, F. European integration ‘theory’ in times of crisis. A comparison of the Euro and Schengen crises // Journal of European Public Policy. – 2018. – No. 25 (7). – R. 969-989. https://doi.org/10.1080/13501763.2017.1421252.
5. Ludlow N. P. From deadlock to dynamism. The European community in the 1980s. In D. Dinan (Ed.), Origins and evolution of the European Union (pp. 218–232). – Oxford University Press, 2006.
6. Lutz P., & Karstens F. External borders and internal freedoms: How the refugee crisis shaped the bordering preferences of European citizens // Journal of European Public Policy. – 2021. https://doi.org/10.1080/13501763.2021.1882541
7. Niemann A. Explaining decisions in the European Union. – Cambridge University Press, 2006.
8. Popescu G. Bordering and ordering the twenty-first century. Understanding borders. Rowman and Littlefield. – 2012.
9. Kriesi H., Altiparmakis A., Bojar A., Oana N. Debordering and re-bordering in the refugee crisis: a case of ‘defensive integration’ // Journal of European Public Policy. – 2021. https://doi.org/10.1080/13501763.2021.1882540
THEORY OF STATE AND LAW
GURYANOVA Viktoriya Valentinovna
Deputy Chairman of the Government of the Astrakhan Region, Plenipotentiary Representative of the Governor of the Astrakhan Region in the Duma of the Astrakhan Region and representative bodies of municipalities – Minister of the Astrakhan Region; postgraduate student of the V. N. Tatishchev Astrakhan State University
THEORETICAL ASPECTS OF DEFINITIVE SUPPORT OF THE LEGAL CATEGORY OF “LAWMAKING”
The article is devoted to a detailed analysis of the doctrinal and definitional set of the legal phenomenon “lawmaking”. The components of the legal category of law-making are analyzed, the correlation of the term law-making with such categories as law-making, rule-making is organized. The multidirectional position of the scientific community on the concept of legal formation in the context of studying the definition of lawmaking is presented. The author’s position on the independence of the legal phenomenon of lawmaking is formed and substantiated, its elements are categorized, and a hypothesis is constructed about the dynamism of the lawmaking mechanism in the institutional and socially applied version.
Keywords: law, lawmaking, rulemaking, lawmaking, legal education.
Bibliographic list of articles
1. Aleshkova N.P. Constitutional and legal foundations of municipal law-making in the Russian Federation. Author’s abstract. dis. …cand. legal Sci. – Ekaterinburg, 2010.
2. Anokhin Yu. V. Legal formation and law-making in theoretical and legal science // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2022. – T. 28. – No. 1 (84). – pp. 33-38.
3. Bochkov A. A. Lawmaking as the highest stage of legal formation // Law and state: theory and practice. – 2021. – No. 4 (196). – pp. 114-117.
4. Marxist-Leninist general theory of state and law: basic institutions and concepts. – M., 1970.
5. Scientific foundations of Soviet lawmaking. Rep. ed. R. O. Halfina. – M., 1981.
6. Nersesyants V. S. Law and law. – M., 1983.
7. Popov O. V. Theoretical and legal issues of judicial law-making in the Russian Federation. Author’s abstract. dis. …cand. legal Sci. – Tolyatti, 2004.
8. Redko A. A. Legal initiative in the mechanism of action of modern Russian law. dis. … Doctor of Law. Sciences / Academy of Management of the Ministry of Internal Affairs of Russia. – Moscow, 2023.
9. Rumyantsev M. B. Legal formation and law-making in Russia / Monograph. – Cheboksary, 2023.
10. Rumyantsev M. B. Lawmaking in the Russian Federation / Monograph. – Cheboksary: Sreda Publishing House, 2019.
11. Sapun V. A. Mechanism of legal formation and law-making: problems of correlation and democratization // Legal technology. – 2014. – No. 8. – P. 383-386.
12. Sinyukov S.V. Mechanism of lawmaking. dis. …cand. legal Sci. – Saratov, 2013.
13. Fetisova S. S., Fetisov D. N., Sadokhina N. A. Lawmaking in modern Russia // Matrix of scientific knowledge. – 2023. – No. 10-2. – pp. 414-417.
THEORY OF STATE AND LAW
DUSHKINA Ekaterina Vladimirovna
Ph.D. in Law, associate professor of Legal studies sub-faculty of the St. Petersburg State University of Architecture and Civil Engineering
KARCHEVSKAYA Natalya Ivanovna
Ph.D. in Law, associate professor, associate professor of Philosophical and socio-economic disciplines sub-faculty of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
FOMICHEV Denis Sergeevich
lecturer of Special and automotive engineering sub-faculty of the St. Petersburg University of the MIA of Russia
THE INFLUENCE OF LEGAL CONSCIOUSNESS ON THE MINIMIZATION OF LEGAL ERRORS
The article identifies the main ways to eliminate legal errors. The legal policy of a democratic state is aimed at streamlining the legal sphere of society, where one of the tasks of legal policy is to minimize legal errors.
The interrelation of the legal consciousness of the subject of the realization of the right and the probability of making a legal error is analyzed. A legal error may be a consequence of the underdevelopment of individual legal consciousness. The causes of legal errors can be deformations of individual legal consciousness (legal idealism, legal conformism, legal nihilism, etc.).
It is proven that the prevention and counteraction of legal errors should serve to increase the level of legal consciousness of the subject, especially professional. To do this, it is first necessary to improve the system of legal education. Legal information, legal education and legal education of citizens are defined as means of raising the level of legal awareness.
The essence and signs of professional legal awareness are described, as well as a number of special means of preventing and overcoming deformations of professional legal awareness.
Keywords: legal psychology, legal consciousness, professional legal awareness, legal error, minimization of legal errors, prevention of legal errors.
Bibliographic list of articles
1. Palekha R.R. Legal consciousness as an element of the content of legal influence // Law and state: theory and practice. – 2020. – No. 4 (184). – P. 82.
2. Belyaev V.P., Belyaeva G.S., Antonova Zh.D. Legal consciousness in the mechanism for protecting the rights and freedoms of citizens: a general theoretical approach. – M.: Yurlitinform, 2017. – P. 5.
3. Kozhevnikov V.V., Zverev V.O., Voinarovskaya L.I. Types of legal consciousness in jurisprudence and their possible deformation // Psychopedagogy in law enforcement agencies. – 2023. T. 28. – No. 1 (92). – pp. 97-102. – [Electronic resource]. – Access mode: https://doi.org/10. 24412/1999-6241-2023-192-97-102.
4. Lisyutkin A. B. Error as a category of jurisprudence: theoretical and methodological aspect: Author’s abstract. dis. … doc. legal Sci. – Saratov, 2002. – P. 27.
5. Rowena Rodrigues, Legal and human rights issues of AI: gaps, challenges and vulnerabilities, Journal of Responsible Technology (2020). – [Electronic resource]. – Regism access: https://doi.org/10.1016/j.jrt.2020.100005.
6. Gusarova M. A. The relationship between legal ideology and legal psychology as a factor in overcoming the crisis of legal consciousness in modern Russian society (philosophical and legal aspect) // Bulletin of the Vyatka State University. – 2017. – No. 6. – P. 12-16.
7. Osipov R. A. Legal awareness and legal consciousness of citizens: theoretical issues: Author’s abstract. dis. …cand. legal Sci. – Saratov, 2018. – 26 p.
8. Osipov R. A. Legal awareness and legal consciousness of citizens (theory issues): Dis. …cand. legal Sci. – Saratov, 2018. – P. 120.
9. Grib V.V. Factors influencing the formation of professional legal consciousness of Russian lawyers // History of State and Law. – 2003. – No. 6. – P. 17-19.
10. Bredneva V. S. Technologies for overcoming the deformation of the professional legal consciousness of subjects of legal activity // Society: politics, economics, law. – 2019. – No. 11 (76). – P. 96-100. – [Electronic resource]. – Access mode: DOI 10.24158/pep.2019.11.15.
THEORY OF STATE AND LAW
ISHEKOV Konstantin Anatoljevich
Ph.D. in Law, associate professor, professor of Legal foundations of management sub-faculty of the Faculty of Public Administration of the M. V. Lomonosov Moscow State University; professor of Fundamental legal and social-humanitarian disciplines sub-faculty of the Moscow Financial and Industrial University “Synergy”
POPOV Pavel Valerjevich
postgraduate student of Fundamental legal and social-humanitarian disciplines sub-faculty of the Moscow Financial and Industrial University “Synergy”
BASIC APPROACHES TO UNDERSTANDING THE LEGAL SYSTEM IN THE RUSSIAN LEGAL DOCTRINE
The article discusses the doctrinal approaches used by Russian scientists in the process of understanding the legal category “legal system”. The article analyzes various scientific opinions on the understanding of the legal system. The authors made an attempt to separate these approaches into separate groups, as a result of which seven scientifically based approaches to understanding the concept under study are proposed: functional, sociological, philosophical, formal legal, systemic, cultural and transnational. The study identified specific features of their application in a modern rule-of-law state and society, and also analyzed the impact of each of the described approaches on the legal system of the Russian Federation. The diversity in the understanding of the legal system has shown its versatility, ability to change and adapt to modern conditions of life of society and the state. Based on the above, the authors made conclusions about the predominance of the formal legal approach in the Russian legal doctrine; significant influence on the Russian legal system of cultural and transnational approaches; partial manifestation of systemic and functional approaches; a critical attitude has been expressed towards the use of sociological and philosophical approaches to understanding the legal system.
Keywords: legal system, legal doctrine, pluralism, public relations, legal definition.
Bibliographic list of articles
1. Alekseev S.S. General theory of law: course in 2 volumes – T. 1. – M.: Legal literature, 1981. – 359 pp.
2. Alekseev S.S. General theory of law: textbook. 2nd ed., revised. and additional – M.: TK “Velby”. 2008. – 307 pp.
3. Alekseev S. S. Theory of Law. 2nd ed. – M., 1995. – 276 p.
4. Baytin M.I. The essence of law (modern normative understanding on the verge of two centuries). – Saratov, 2003. – 416 pp.
5. Bolsunov M. A. On the issue of the concept of the legal system // Bulletin of the Samara Humanitarian Academy. Series: Law. – 2011. – No. 1. – P. 56-65.
6. Vasiliev V.V. Systematicity of law as a philosophical and legal category // State and law: theory and practice: materials of the I International. scientific conf. (Chelyabinsk, April 2011). – Chelyabinsk: Two Komsomol members, 2011. – P. 15-18.
7. Voplenko N. N. Essays on the general theory of law. – Volgograd, 2009. – 898 p.
8. Gubaidullin A.R. Functions of law and the legal system of society // Scientific notes of Kazan University. Series: Humanities. – 2013. – T. 155. – No. 4. – P. 27-36.
9. Dolgikh F.I. Theory of state and law: textbook. – Moscow: Synergy University, 2023. – 465 p.
10. Iskevich I. S., Popov A. N. The legal system of Russia and the international legal system: issues and ways of interaction // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2016. – No. 3. – P. 162-165.
11. Kislitsyna N. F. Development of the system of international law at the present stage: abstract. dis. …cand. legal Sci. – M., 2010. – 26 p.
12. Maistrenko G. A. Russian legal system: current state and development prospects // Theories and problems of political research. 2022. – Volume 11. – No. 6A. – pp. 86-91.
13. Malyshev B.V. Legal system: elemental composition and structure // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. 2013. – No. 2 (58). – P.30-35.
14. Malko A.V. Legal system and legal life of society // Journal of Russian Law. – 2014. – No. 7 (211). – pp. 51-60.
15. Matuzov N. I. Current problems of the theory of law. – Saratov: Publishing house Sarat. state acad. Law, 2003. – 512 p.
16. Miletsky V.P. Sociological aspects of the analysis of the evolution of the legal system of Russia // Bulletin of St. Petersburg University. International relationships. – 2003. – No. 2. – P. 73-38.
17. Problems of the general theory of law and state: Textbook for universities / Ed. ed. acad. RAS, Doctor of Law, Prof. V. S. Nersesyants. – M: NORM – INFRA-M, 2002. – 832 p.
18. Reutov V.P. On the relationship between functions and structures in the legal system // Bulletin of Perm University. – 2001. – No. 1. – P. 7-20.
19. Rudenko V.V. Russian constitutional reform of 2020: transformation of the value system // Leningrad Legal Journal. – 2020. – No. 4 (62). – pp. 71-83.
20. Salygin E. N. Legal system as an object of sociological and legal analysis // Law. Journal of the Higher School of Economics. – 2014. – No. 1. – P. 57-69.
21. Soviet state law / ed. I. E. Farber. – Saratov, 1979. – 324 p.
22. Theory of State and Law: Course of Lectures / Ed. N. I. Matuzova and A. V. Malko. – M.: Yurist, 2001. – 776 p.
23. Tikhomirov Yu. A. Law: national, international, comparative // State and law. – 1999. – No. 8. – P. 5-12.
24. Tikhomirov Yu. A. Comparative law: development of concepts and social practice // Journal of Russian Law. – 2006. – No. 6. – P. 3-15.
25. Filippova N. A. National identity in the Eurasian context: features of the Russian constitutional reform of 2020 // Bulletin of Surgut State University. – 2020. – No. 2 (28). – pp. 95-107.
26. Shashin P. A. Legal culture in the legal system of society: dis. …cand. legal Sci. – St. Petersburg, 2006. – 191 p.
27. Yarmieva I. T. Structure and functions of the legal system // Rule of law: theory and practice. – 2019. – No. 1 (55). – pp. 80-85.
THEORY OF STATE AND LAW
KONDRATJEVA Anna Nikolaevna
Ph.D. in Law, Head of the Department of Pre-university Training of the Sredne-Volzhsky Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia) in Saransk
KREPYSHEVA Veronika Viktorovna
specialist in organizational work of the Department of Project Activities and Sports and Recreation Work of the Youth Policy Department of the N. I. Lobachevsky National Research Nizhny Novgorod State University
REGULATION OF FAMILY AND MARRIAGE RELATIONS IN TUNISIA
Marriage and family relations in modern Tunisia are regulated by the Personal Status Code of 1956, which defines the procedure for marriage, divorce, inheritance, alimony, child custody and a number of other issues. This document changed the legal status of women and expanded her rights and opportunities. The article focuses on the role of this legal act in the transformation of social relations in modern Tunisia.
Keywords: Code of the Republic of Tunisia on Personal Status of 1956, legal status of women, marriage, family, divorce.
Bibliographic list of articles
1. Medushevsky N. A., Savicheva P. Yu. Women’s rights in modern Tunisia: past achievements and a look into the future // Theories and problems of political research. – 2021. – Volume 10. – No. 2A. – pp. 17-27.
2. Legal systems of the countries of the world: encyclical. reference / Rep. ed. A. Ya. Sukharev. – 3rd ed., revised. and additional – Moscow: NORMA, 2003 (JSC Mozhaisk Printing Plant). – 967 pp.
3. Ryzhkova E. A. Formation of family law in Tunisia (historical and legal aspect): abstract. dis. …cand. legal Sciences: 12.00.01. – M., 2000. – 26 p.
4. Borrmans M. Divorce et abus de droit en Tunisie. – I.B.L.A., 1967.
5. Khedher R. Tracing the Development of the Tunisian 1956 Code of Personal Status // Journal of International Women’s Studies. – 2017. – Vol. 18. – Iss. 4. – Article 3.
6. Russell J. Code of Personal Status (Tunisia). – M.: Book on Demand, 2013. – 112 p.
7. Sfeir George N. The Tunisian Code of Personal Status (Majallat al-Ahwal al-Shakhsiyah) // The Middle East Journal. – 1957. – No. 3. – R. 310.
8. Sofi M. Dawood. The Tunisian Republic and the Restructuring of Socio-Economic Institutions: A Brief Analysis of Bourguiba’s Nation-Building Project // Islamic studies. – 2018. – Vol. 57 (3-4). – Rr. 245-259.
9. Whidden G. R. “If There Be One Only, She Shall Inherit Half”: Explaining the Preservation of Islamic Inheritance Law in Tunisia’s 1956 Personal Status Code: An Thesis Presented for the Degree of Bachelor of Arts / Gwendolyn R. Whidden; The Faculty of the Department of Politics Bates College. – Lewiston, 2019. – 132 pp.
THEORY OF STATE AND LAW
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system of the Faculty of Engineering and Economics of the Vologda Institute of Law and Economics of the FPS of Russia
LEGALITY IN PUBLIC ADMINISTRATION: LEGAL AND ETHICAL ASPECTS
The article presents a scientific analysis of the issues of strengthening the rule of law and discipline of public administration in the Russian Federation. The most significant problems in this area are analyzed. According to the results of the study, it is proposed to establish clear goals of statehood and public administration at the state legal level, ensure an appropriate ratio of legislative and subordinate levels, expand anti-corruption measures in the field of public administration, increase ethical requirements for the legal profession and professional legal activity, and form effective mechanisms for external audit of public administration.
Keywords: public administration, public associations, state-public associations, public-state associations, public monitoring commission, public council, board of trustees.
Bibliographic list of articles
1. Malkova L. L. Goals of public administration and social progress in the Russian Federation: legal aspect // Eurasian Legal Journal. – 2022. – No. 9 (172). – pp. 85-88.
2. Lityagin N. N. Revision and systematization of legislation // State and law. –2003. – No. 4. – P. 26-32.
3. Golodov P.V. Some problems of rule-making of federal executive authorities // Ius publicum et privatum. – 2021. – No. 5 (15). – pp. 118-123.
4. Olkhovik N.V. Legal problems of mandatory genomic registration of convicts in Russia // Bulletin of the Tomsk Institute for Advanced Training of Workers of the Federal Penitentiary Service of Russia. – 2020. – No. 2 (4). – pp. 51-56.
5. Kamaletdinov E. S. Moral aspects of a lawyer’s activities: modern dimension // Bulletin of the Bashkir University. – 2013. – T. 18. – No. 1. – P. 217-219.
THEORY OF STATE AND LAW
SPIRIN Mikhail Yurjevich
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law and international law sub-faculty of the Institute of Law of the S. P. Korolyov Samara National Research University
THE MAIN STAGES IN THE DEVELOPMENT OF SOVIET LEGAL MORPHOLOGY (DOCTRINE OF SOURCES AND FORMS OF LAW)
The article is devoted to the main ideas of representatives of the Soviet general theory of law from the 40s to the 80s of the XX century in the field of legal morphology (doctrine of sources and forms of law). The understanding of the source of law and the form of law as legal categories that are different in meaning is considered, a semantic and substantive connection between them is established and the features of the internal and external forms of law are analyzed. The difficulty of distinguishing between the external form of law and the formal source of law in some discrepant meanings of these related categories is determined.
Based on the analyzed classical concepts of Soviet theoretical jurisprudence, the author draws attention to the relevance of using the category “form of law” in its primary meaning both by modern general theory of law and by branch legal disciplines.
Keywords: source of law, formal source of law, form of law, internal form of law, external form of law, legal morphology.
Bibliographic list of articles
1. Aleksandrov N. G. The concept of a source of law // Scientific works of the All-Union Institute of Legal Sciences. – M., 1946. – Issue. 8. – pp. 47-54.
2. Baytin M.I. The essence of law (Modern normative legal understanding on the verge of two centuries). – 2nd ed. – M.: Publishing house. House “Law and State”, 2005. – 544 p.
3. Vilnyansky S.I. On the issue of the sources of Soviet law // Problems of socialist law. – 1939. – No. 4–5. – pp. 62-71.
4. Zivs S. L. Sources of law. – M.: Nauka, 1981. – 240 p.
5. Kalinin A. Yu., Komarov S. A. Form (source) of law as a category in the theory of state and law // News of higher educational institutions. Jurisprudence. – 2000. – No. 6 (233). – pp. 3-10.
6. Kerimov D. A. Sources of Soviet socialist law: abstract. dis. …cand. legal Sci. – L., 1950. – 24 p.
7. Kerimov D. A. The concept of the source of Soviet socialist law in the light of the work of I. V. Stalin “Marxism and linguistic issuesiya” // Scientific notes of the Leningrad Law Institute. – L., 1951. – Issue. 5. – pp. 41-68.
8. Kechekyan S. F. On the concept of a source of law // Scientific notes of Moscow State University. – Vol. 116. Proceedings of the Faculty of Law. – Book 2. – M.: Moscow State University Publishing House, 1946. – P. 3-25.
9. Muromtsev G.I. Sources of law (theoretical aspects of the problem) // Jurisprudence. – 1992. – No. 2. – P. 23–30.
10. Petrov A. V. On the category of forms of law // Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky. – 2012. – No. 5 (1). – pp. 245-251.
11. Petrov K.V. Sources and forms of law in Soviet jurisprudence // Leningrad Legal Journal. – 2009. – No. 2 (16). – pp. 23-33.
12. Spirin M. Yu. Main stages of development of the domestic doctrine of sources and forms of law // Legal science. – 2017. – No. 6. – P. 9-18.
13. Shebanov A. F. Form of Soviet law. – M.: Legal literature, 1968. – 216 p.
THEORY OF STATE AND LAW
FRIZEN Peter Dmitrievich
Ph.D. in Law, associate professor, professor of Theory and history of law and state sub-faculty of the Barnaul Law Institute of the MIA of Russia
NEGATIVE SOCIAL PHENOMENA CONTRIBUTING TO THE COMMISSION OF ROBBERIES IN RUSSIA
The presented article examines the issues related to the main features of the determination of modern robberies. In particular, such negative social phenomena as alcohol and drug addiction are considered, which significantly affect the number of committed open crime in the country. The author comes to the conclusion that the direct involvement of the state is required to solve the problem of the spread of drug addiction and alcoholism in the country. The police, as the main subject of robbery prevention, must effectively prevent criminal encroachments of the type in question, eliminate problems related to the organization of law enforcement agencies’ activities to counter negative social phenomena in society.
Keywords: robbery, causes and conditions, alcoholism, drunkenness, drug addiction, crime prevention, police.
Bibliographic list of articles
1. Ilyushkin N.V. Prevention of robberies in Russia // Problems of science. – 2019. – No. 12 (48). – pp. 95-97.
2. The concept of public safety in the Russian Federation: approved. President of the Russian Federation 11/14/2013 No. Pr-2685 // SPS Consultant Plus (date of access: 10/05/2023).
3. Abyzov R. M., Abyzov K. R., Botvin I. V. et al. Criminology: General and Special Parts: a course of lectures / Ed. ed. Doctor of Law Sciences, prof., honored. lawyer of the Russian Federation R. M. Abyzov. Barnaul: Bureau of Justice of the Ministry of Internal Affairs of Russia, 2020. – 262 p.
4. Makapov A. A. Alcoholism as a determinant of criminal behavior // Information and education: boundaries of communications INFO’21. – 2021. – pp. 217-219.
5. Botvin I.V., Ermakova O.V., Semenyuk R.A., Headquarters O.N., etc. Features of initial qualification and prevention of crimes considered by local police officers: monograph. – Barnaul: BYUI of the Ministry of Internal Affairs of Russia, 2019. – 164 p.
6. Pospelova V. B. The state and causes of theft in Russia // Legal science in the 21st century: current problems and prospects for their solutions. – 2021. – pp. 98-99.
7. Semenyuk R. A. Crimes committed while intoxicated: statement of the problem // Current problems in the fight against crimes and other offenses: materials of the twelfth international scientific and practical conference. conf. – Barnaul: BYUI of the Ministry of Internal Affairs of Russia, 2014. – pp. 57-60.
8. Telegina E. G. Criminological and victimological analysis of crimes against property in modern Russia // Best student article 2017: collection of articles of the XII International Scientific and Practical. competition. – Penza, 2017. – pp. 246-251.
THEORY OF STATE AND LAW
CHINAEV Vsevolod Viktorovich
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
LEGAL RISKS OF TRANSITION TO A DIGITAL SOCIETY
The article presents the achievements and advantages of using digital technologies in the legal field. The problems and legal risks associated with the introduction of digital technologies are analyzed. It is noted that in order to prevent cyber threats, an organization can use digital solutions, platforms and tools that meet the requirements of legislation. It is concluded that the scope of legal protection should meet the rapidly changing environment of threats associated with the use of information technology. It is revealed that the main risk factors in the production sector are associated with information security violations caused by cyber attacks, loss of personal data, etc. It is proven that digital technologies allow, on the one hand, to increase the efficiency of the company’s activities, but on the other hand,they increase legal risks. Therefore, it is necessary to develop the provisions of regulatory legal acts in this area, helping to reduce the legal risks associated with the increase in the scale of digitalization and automation.
Keywords: technologies, digital technologies, digitalization, Internet, privacy, personal data, legal problems, legal risks, data protection.
Bibliographic list of articles
1. Allhoff F., Henschke A. The Internet of Things: Fundamental ethical issues // Internet of Things. 2018. 1-2. P. 55-66.
2. Ragnedda M. Enhancing Digital Equity: Connecting the Digital Underclass. Palgrave, 2020.
3. Sahmim S. Gharsellaoui H. Privacy and Security in Internet-based Computing: Cloud Computing, Internet of Things, Cloud of Things: A review // Procedia Computer Science. 2017. 112. P. 1516-1522.
THEORY OF STATE AND LAW
CHINAEV Vsevolod Viktorovich
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
REGULATORY DESIGN OF MECHANISMS FOR COUNTERING RISKS IN THE FIELD OF ENSURING TECHNOLOGICAL SOVEREIGNTY OF RUSSIA
Technological sovereignty is an important component of the development of the state, especially in the modern digital economy. This concept means the ability of a country to independently develop and use advanced technologies to ensure its economic, political and defense security. However, in the conditions of a rapidly changing world and the increasing digitalization of various levels of society, new risks arise that can harm Russia’s technological sovereignty. In this context, the regulatory design of risk mitigation mechanisms is an integral part of ensuring the technological sovereignty of the country. Therefore, the issues of improving the legal regulation of this sphere are becoming relevant and of scientific importance, especially nowadays.
Keywords: technological sovereignty, regulatory regulation, risk management, information security, development of Russia.
Bibliographic list of articles
1. Astapenko P. N. Digital sovereignty as a condition for the implementation of state sovereignty in the Internet era. – Text: direct // Publishing house of Smolensk State University. – 2022. – No. 9. – pp. 27-33
2. Blinova T. N., Kovalenkova A. A., Semionova E. A. et al. Personnel of technological sovereignty of Russia – previous problems and urgent solutions. – Text: direct // University management: practice and analysis. – 2022. – No. 26 (4). – pp. 37-55
3. Goryacheva T.V., Myzrova O.A. The role and place of technological sovereignty in ensuring the sustainability of the Russian economy. – Text: immediate // Izv. Sarat. un-ta. New ser. Ser.: Economics. Control. Right. – 2023. – T. 23. – Issue. 2. – pp. 134-145.
4. Zhdaneev O. V. Ensuring the technological sovereignty of the fuel and energy sectors of the Russian Federation. – Text: direct // Notes of the Mining Institute. – No. 258. – P. 1061-1078.
5. Lapaeva V.V. Technological sovereignty of Russia: legal problems. – Text: direct // Scientific research. – 2023. – pp. 60-72.
6. Neretin O.P. Intellectual sovereignty of the Russian economy – Moscow: Federal Institute of Industrial Property (FIPS), 2022. – 166 pp.
7. Smorgunov L.V. Evidence-based policy of technological sovereignty and its design. – Text: immediate // South Russian Journal of Social Sciences. – 2022. – T. 23. – No. 3. – P. 6-19.
8. Timofeeva A.D. Technological sovereignty: the legal aspect of the concept at the current stage of regulation. – Text: immediate // Young scientist. – 2023. – No. 21 (468). – pp. 350-352.
THEORY OF STATE AND LAW
KHAKIMOVA Alina Rafaelevna
Head of the Accounting and Reporting Sector of subordinate institutions of the Ministry of Culture of the Republic of Tatarstan
ECONOMIC CRIME: INDIVIDUAL PSYCHOLOGICAL CHARACTERISTICS OF A PERSON
This article examines the psychological characteristics common among persons committing economic crimes. The characteristic of their psychological characteristics of personality is given. A typology of the personalities of persons committing economic crimes is proposed. The importance of understanding the psychological foundations of economic crimes for the development of effective prevention and intervention strategies is emphasized.
Keywords:economic crime, personality traits, motives of crime, financial violations, psychology of the criminal.
Bibliographic list of articles
1. State of crime in Russia for January-September 2023of the year. // Ministry of Internal Affairs of the Russian Federation, Federal State Institution “Main Information and Analytical Center”, Moscow.
2. The Prosecutor General’s Office reported a reduction in the number of economic crimes by 6% since the beginning of the year. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/18958035 (date of access: 10/23/2023)
3. Criminology: a textbook for universities / V. I. Avdiysky [and others]; edited by V. I. Avdiysky, L. A. Bukalerova. — 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 301 p. – (Higher education). — ISBN 978-5-534-03566-7. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/510960 (date of access: 10/24/2023).
4. Criminology: a textbook for universities / O. S. Kapinus [etc.]; under the general editorship of O. S. Kapinus. — 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2023. – 1132 p. – (Higher education). — ISBN 978-5-534-09795-5. — Text: electronic // Educational platform Urayt [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/517394 (date of access: 10/24/2023).
5. The Prosecutor General’s Office recorded an increase in crime among women in Russia: VEDOMOSTI. [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2022/10/31/948099-genprokuratura-zafiksirovala-rost-prestupnosti-sredi-zhenschin (date of access: 10/23/2023).
6. Economic crime: socio-psychological aspect.; Deulin D.V. // Bulletin of Economic Security. – 2010.
HISTORY OF STATE AND LAW
VAKHITOVA Guzel Valerjevna
Ph.D. in philological sciences, associate professor, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa University of Science and Technology
GAZIZOVA Leysan Makhmutovna
Ph.D. in Law, associate professor, associate professor of Law and humanitarian disciplines sub-faculty of the branch in Derbent of the Dagestan State University
RUDMAN Mark Naumovich
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
HISTORICAL AND CULTURAL FOUNDATIONS AND CONTRADICTIONS OF EURASIAN ETHICS
The article sets out the tasks of identifying, firstly, the value-historical prerequisites for the formation of Eurasian ethics, secondly, the features of its content that synthesized the cultural foundations of the Eurasian ideology, thirdly, the contradictions of the Eurasian concept of the synthesis of ethics and the justification of the unlimited state power. Results: the study revealed contradictions in the ethical concept of Eurasianism, initially based on historically formed tribal customs and traditions that contradict legal universalism. The analysis of the historical and cultural prerequisites for the emergence of Eurasianism made it possible to explain the root causes of the emergence of the Eurasian ideology, to identify its historical conditionality and interrelation with the global trends of the crisis of liberal statehood. With regard to the problem of building a rule of law, which is relevant for the modern Russian Federation, the conclusion is substantiated that Eurasian ideas are unacceptable for the development of ideology and law, since their use threatens the loss of the possibility of implementing the functions of public authority to maintain social peace and harmony.
Keywords: Eurasianism, ethics, rule of law, mentality, autocracy, rationalism, liberalism, collectivism.
Bibliographic list of articles
1. Mazurin S.F., Salnikov M.V. The rule of law in Russia: some conceptual approaches // The rule of law: theory and practice. – 2019. – No. 2. – P. 32-39.
2. Zakhartsev S.I., Maslennikov D.V., Salnikov V.P. Theoretical and methodological foundations of the philosophy of law of F.M. Dostoevsky as an ideologist of “pre-Eurasianism” // Rule of Law: Theory and Practice. – 2019. – No. 2. – P. 17-24.
3. Ivakin G. A. Right-wing monarchism and its political opponents: inter-party struggle in Russia in 1905-1917. – M.: Ethnosocium and interethnic culture, 2014. – 261 p.
4. Trubetskoy N.S. About the Turanian element in Russian culture // Russia between Europe and Asia: Eurasian temptation. – M.: Nauka, 1993. – P. 59-76.
5. Rudman M. N. Contradictions in social memory about the place of religion in Russian society and their consequences // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 1 (9). – pp. 7-16.
6. Ponomarev E. R. Motherland in the philosophy of Eurasianism // Imagology and comparative studies. – 2022. – No. 17. – P. 266-286.
7. Savitsky P. N. Eurasianism // Russia between Europe and Asia: Eurasian temptation. – M.: Nauka, 1993. – P. 100-113.
8. Gazizova L.M., Rudman M.N. Ethical and legal foundations of Eurasianism as a reflection of the systemic crisis of Russian statehood in the first half of the twentieth century // Eurasian Legal Journal. – 2022. – No. 9 (172). – pp. 98-103.
HISTORY OF STATE AND LAW
GABDRAKHMANOV Farit Vadutovich
Ph.D. in Law, associate professor, associate professor of Criminal law and process sub-faculty of the Mari State University
THE LAW AND PRACTICE OF APPOINTMENT AND DISMISSAL OF PROSECUTORS IN THE SOVIET PROSECUTOR’S OFFICE IN 1922-1940
The article deals with the issues of appointment, relocation and dismissal (hereinafter – appointment) of prosecutors in the prosecutor’s offices of the USSR, the RSFSR, the Supreme Court of the USSR (hereinafter – the Supreme Court of the USSR), the Mari Autonomous Region (hereinafter – MAO) and the Mari ASSR (hereinafter – MASSR) in 1922-1940.
The study confirmed the existence of two parallel structures in the prosecutor’s office, which influenced the personnel policy. From 1922 to 1936, all appointments in the Soviet Prosecutor’s office, with the exception of the Prosecutor’s Office of the USSR Armed Forces, were carried out by the People’s Commissariat of Justice of the RSFSR. The Regulation on Prosecutorial Supervision of 1922 became decisive. Employees of the Prosecutor’s Office of the USSR Armed Forces, which operated in 1923-1933, were appointed depending on the position by the Presidium of the CEC of the USSR on the recommendation of the Prosecutor of the USSR Armed Forces or by orders of the Prosecutor of the USSR Armed Forces.
The Regulation on the Prosecutor’s Office of the USSR of 1933 provided for several categories of prosecutors when they were appointed and smoked. The role of the Prosecutor of the USSR in the appointment of prosecutorial personnel was significantly increased.
In the Prosecutor’s office of MAO in 1922-1936, the prosecutors of the region were appointed by the People’s Commissariat of Justice. Other prosecutors, for example, assistant prosecutors of the region, were appointed until 1929 by the People’s Commissariat of Justice, in 1930-1931 – by the Nizhny Novgorod Regional Prosecutor’s Office, in 1932-1936 – directly by the prosecutor of the region. Practice has shown that this appointment continued in 1937 as the prosecutor of the MASSR.
Since 1937, all personnel decisions in the prosecutor’s office have been made within the framework of a single centralized prosecutor’s system. Depending on their competence, prosecutors were appointed to positions or approved by the prosecutors of the USSR and the RSFSR, and those who were not included in their nomenclature were subordinate prosecutors.
It was only in January 1938 that the word “admit” appeared for the first time in the order of the prosecutor of the MASSR on appointment. Documents for candidates to occupy certain positions (deputy prosecutor, heads of departments, city prosecutors, investigators, etc., about 10 in total) for appointment or approval began to be sent to the prosecutor’s offices of the USSR and the RSFSR.
Keywords: Soviet Prosecutor’s office, regulation on prosecutor’s supervision, appointment and dismissal of prosecutors, Prosecutor’s Office of the USSR, People’s Commissariat of Justice, Nizhkrayprok’s Office, Prosecutor’s Office of the Mari ASSR
Bibliographic list of articles
1. Vyazovchenko L. I., Efremov A. A. Constitutional and legal status of the prosecutor’s office in the Soviet period of Russian history // State and society: yesterday, today, tomorrow. – 2018. – No. 2. – P. 57-62. – EDN OTCJLW.
2. Gavrilov S. O., Mishchenko L. V. Formation and development of the prosecutor’s office system of the RSFSR during the formation of the Soviet political regime (1917 – early 1920s) // SibScript. – 2012. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-i-razvitie-sistemy-prokuratury-rsfsr-v-period-formirovaniya-sovetskogo-politicheskogo-rezhima-1917-nachalo-1920-h-gg ( date of access: 02.11.2023).
3. Galkin O. V. The role and significance of party acts in the implementation of prosecutorial supervision in the USSR in the 1920s-1930s // Prologue: a magazine about law. – 2021. – No. 3 (31). – pp. 133-141. – DOI 10.21639/2313-6715.2021.3.13. – EDN ICBLM.
4. Zinoviev G. A. Creation and development of prosecutorial supervision bodies on the territory of North Ossetia (1922-1925) // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2015. – No. 3. – P. 45-50. – EDN VAUSYB.
5. From the history of the Mari Autonomous Soviet Socialist Republic [Text]: Collection of articles / Ed. A. Khlebnikova (ed.) [and others]; MarNIYALI at SM MASSR. – Yoshkar-Ola: Mari book. publishing house, 1956 [trans. 1957]. – 232 pp.
6. Krylenko N. Towards the reform of the current judicial system // Weekly of Soviet Justice. – 1922. – No. 5 (Jan. 29). [Electrothis resource]. – Access mode: https://www.prlib.ru/sites/default/files/book_preview/ace00608-3c10-466d-b4f2-3055461f 292e/1801728-doc1-c36fde37-f22c-4f95-ad66-5971b6d50d22.jpg (date access: 02.11.2023)
7. Maksimova O. D., Sivtsev N. I. Search for the place and role of the prosecutor’s office in the system of authorities of the Soviet state in the 1920s – 1930s. // Law and state: theory and practice. – 2019. – No. 11 (179). – pp. 20-22. – EDN ZYDGGX.
8. Development of the institution of the prosecutor’s office in the period 1933-1977. [Electronic resource]. – Access mode: https://studbooks.net/1082965/pravo/razvitie_instituta_prokuratury_period_1933_1977 (date of access: 10/15/2023).
9. Strukov V.N. Registration of the USSR Prosecutor’s Office Institute into a single centralized system // Bulletin of the BelYUI Ministry of Internal Affairs of Russia. – 2018. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/oformlenie-instituta-prokuratury-sssr-v-edinuyu-tsentralizovannuyu-sistemu (date of access: 09/23/2023).
10. Khayali R.I. Restoration of the institution of the prosecutor’s office in Soviet Russia // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. – 2021. – T. 7. No. 3-1. – pp. 67-76. – DOI 10.37279/2413-1733-2021-7-3(1)-67-76. – EDN EINNEZ.
HISTORY OF STATE AND LAW
KONOVALOVA Tatyana Alexandrovna
Ph.D. in economical sciences, associate professor of Customs administration sub-faculty of the Faculty of Security and Customs, Northwestern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
DEVELOPMENT OF THE BORDER CUSTOMS GUARD ON THE SOUTHERN COAST OF THE GULF OF FINLAND OF THE RUSSIAN EMPIRE
The article considers the issues of regulation of the border customs guard of the Russian Empire on the southern coast of the Gulf of Finland in the period from the first half of the XVIII century to the beginning of the XX century. The legal acts regulating the activities of the border customs guard first, and then the border guard are under investigation. The composition of the members of the guard, its logistical support, including the specifics of uniforms, is presented. Based on the study of military topographic maps of St. Petersburg and its environs at that time, the author presents the locations of specific outposts and customs stations. The author came to the conclusion that the best result in the activities of the border customs guard was only in the form of a paramilitary integrated service managed from one center; all attempts to save money by reducing the staff of the border customs guard or reducing the number of customs vessels led to an increase in the transportation of contraband goods, as a result of which the Russian industry suffered.
Keywords: border customs guard, border guard, coastal border guard, customs detourer, cordons, smuggling of goods, the southern coast of the Gulf of Finland.
Bibliographic list of articles
1. Alepko A.V. History of the Russian Armed Forces: Border Protection Service (IX-XX centuries): a textbook for secondary vocational education. – M.: Yurayt, 2019.
2. Berezina O. V. Some historical aspects of the fight against smuggling from the times of Ancient Rus’ to the present day // Young scientist. – 2014. – No. 9 (68).
3. Boriskin V.I., Plekhanov A.M., Chepelkin M.A. Borders of the Russian Empire, their protection and defense (1725-1827) // Border Guard. – 1996. – No. 8.
4. Boyarsky V.I. Stand on guard of Rus’. Pages of the history of the border guards of the Russian state. – M.: Granitsa, 1992.
5. Kislovsky Yu. G. Smuggling: history and modernity / Ed. A. S. Kruglikova. – M.: IPO “Author”, 1996.
6. Plekhanov A. M. Separate corps of border guards. Brief historical sketch. – M., 1993.
7. Plekhanov A. M. Security of the state border during the transition from customs guards to the troops // Border Guard. – 1996. – No. 9.
HISTORY OF STATE AND LAW
STEPKIN Evgeniy Yurjevich,
Ph.D. in Law, associate professor, Deputy Head of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
I. ZONNENFELS’ IDEAS AND THEIR INFLUENCE ON CATHERINE II’S POLICE REFORMS
The article discusses the ideas of one of the largest Austrian political scientists of the XVIII – early XIX centuries, Professor of the University of Vienna, baron Joseph Sonnenfels on the appointment, organization and activities of the police. The relationship between his views and the provisions of the main political and legal documents of Catherine II is traced.
Keywords: Zonnenfels, police, organization, functions, ideas, reforms, state.
Prystateinth bibliographic list
1. Bielfeld Ya. Political instructions of Baron Bielfeld. Part 1. – M.: Imperial Moscow University, 1768.
2. Bielfeld Ya. Political instructions of Baron Bielfeld. Part 2. – M.: Imperial Moscow University, 1775.
3. Sonnenfels I. Joseph Sonnenfels the initial foundations of the police or deanery. – M., 1787.
4. Polenov D.V. Historical information about the Catherine Commission for the drafting of a new Code // Collection of the Russian Historical Society. Volume four. – St. Petersburg, 1869.
5. Kamensky A. B. Russian Empire in the 18th century: traditions and modernization. – M.: UFO, 1999.
6. Tarnovsky F.V. Political doctrine in the Order of Empress Catherine II // Collection of articles on the history of law, dedicated to M.V. Vladimirsky-Budanov. – Kyiv, 1904. – P. 44-86.
7. Justi I. G. G. The foundation of the strength and well-being of kingdoms or a detailed outline of all knowledge related to state deanery.” – St. Petersburg, 1778. – Part 4.
CONSTITUTIONAL LAW
AL-BAZZAR Omer Abd Alnafea Khaleel
postgraduate student of Constitutional law and constitutional judiciary of the Patrice Lumumba Peoples’ Friendship University of Russia
JUDICIAL GUARANTEES OF THE VOTER, JUDICIAL GUARANTEES OF THE REGISTRATION PROCEDURE IN THE ELECTORAL LISTS: A COMPARATIVE LEGAL STUDY (SYRIA, EGYPT AND IRAQ)
In this article, a comprehensive study was conducted aimed at analyzing the judicial guarantees provided to voters during the registration process in the electoral lists in three countries: Syria, Egypt and Iraq. The aim of the study is to identify similarities and differences in judicial mechanisms that ensure the protection of electoral rights and the legality of registration procedures in these countries. The methodology of the study is based on the analysis of constitutions, election laws, court decisions related to voter registration. The results of the study allow us to identify the most important legal mechanisms and procedures that provide judicial guarantees for voter registration and registration procedures in Syria, Egypt and Iraq. In addition, the study highlights the development of legislation and technology in these countries, including the transition to electronic systems and mandatory voter registration. In short, the article provides an important practical research basis for improving judicial guarantees in the conduct of elections and voter registration in Syria, Egypt and Iraq.
Keywords: judicial guarantees, elections, voter, Syria, Egypt, Iraq.
Bibliographic list of articles
1. Saad A., Mokled A., Ismail I. N. Electoral systems. – Beirut: Al-Halabi Legal Publications, 2005. – 350 pp.
2. Kashakish K. Yu. A. On the way to an advanced democratic law on elections in Jordan. – Irbid: Karim Kashkash, 1998. – 172 p.
3. Shikha I. A. A. Analysis of the constitutional system of Egypt. – 1st ed. – Alexandria: Knowledge Center, 2003. – 376 pp.
4. Tohami A. Sh. Mediation and reconciliation of disputes in Egyptian legislation and comparative law // Journal of Legal Research of the International University of the Southern Valley. – 2021. – No. 6. – P. 458-506.
5. Decision of the President of the Arab Republic of Egypt by Law No. 45 of 2014 on the proclamation of a law regulating the exercise of political rights // Kadaya. – [Electronic resource]. – Access mode: https://qadaya.net/?p=8755
6. Law No. 198 of 2017 on the National Election Commission of Egypt // elections.eg [Electronic resource]. – Access mode: https://www.elections.eg/images/pdfs/laws/NEAlaw2017-198.pdf
7. Al-Amiri M. M. K. The role of the constitutional judiciary in the protection of human rights in the legislation of Jordan and Iraq: a comparative study: dis. … magician legal – Amman, 2019. – 144 pp.
8. Ahmad A. D. Economic and social rights and freedoms and their guarantees in Arab constitutions // Al-Furat Research Center. – [Electronic resource]. – Access mode: https://firatn.com/?p=304
9. Official documents of the Provisional Coalition Power // University of North Texas. – [Electronic resource]. – Access mode: https://govinfo.library.unt.edu/cpa-iraq/arabic/regulations/index.html
10. Third amendment to the Law on Elections to the House of Representatives No. (45) of 2013 // Iraqi Parliament. – [Electronic resource]. – Access mode: https://archive3.parliament.iq/ar/2018/06/06/قانون-التعديل-الثالث-لقانون-انتخابات/
11. Law on elections to provincial and district councils No. 12 of 2018 // Iraqi fact. – [Electronic resource]. – Access mode: https://www.moj.gov.iq/upload/pdf/4494.pdf
12. Law on the Independent Supreme Electoral Commission No. 11 of 2007 // Electronic link to information. – [Electronic resource]. – Access mode: https://www.almerja.com/reading.php?idm=177042
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
GADZHIEV Zurab Rashidovich
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
HISTORICAL ASPECT OF THE DEVELOPMENT OF THE CONSTITUTIONAL RIGHT TO HIGHER EDUCATION IN RUSSIA
Higher education is a part of professional education aimed at ensuring the training of highly qualified personnel in all major areas of socially useful activities in accordance with the needs of society and the state, meeting the needs of the individual in intellectual, cultural and moral development. In order to have a complete understanding of the right to education in Russia, it is necessary to consider its historical aspects of development, which in turn are the basis of the modern right to education. The article examines the historical retrospective of the development of local self-government in Russia, including the earliest stages.
Keywords: higher education, constitutional and legal framework, education system, formation of a unified
educational space.
Bibliographic list of articles
1. Andreev A.L. Russian education // Tribune of a young scientist. – 2019. – No. 3. – P. 25-29.
2. Korshunova O. N. Traditions and evolution of the historiography of Russian university education in the 19th – first half of the 20th centuries. // The power of history and the history of power. – 2022. – No. 8 (42). – P.56-61.
3. Noskov O. V. Education reform during the reign of Peter I // Young scientist. – 2019. – No. 4. – P. 38-42.
4. Peskurov E.I. Formation of education in Russia // Tribune of a young scientist. – 2019. – No. 1. – P. 37-42.
5. Revunov V. S. Education reform in Russia: intermediate results // Bulletin of the South Ural State University. Series: Social Sciences and Humanities. – 2016. – No. 7. – P. 24-29.
6. Smirnova A. V. Features of the implementation of the constitutional right to education // Modern law. – 2018. – No. 1. – P. 35-39.
7. Yudin V.V. Education: concept, content, meaning // Bulletin of the Orenburg State University. – 2019. – No. 3. – P. 14-19.
8. Matyusheva T. N. Principles of Russian educational policy: constitutional component // Modern law. – 2013. – No. 8. – P. 36.
CONSTITUTIONAL LAW
BUDNIK Yuliya Ivanovna
student of the Far Eastern Federal University, Vladivostok
CONSTITUTIONALITY OF PART 2 OF ARTICLE 2.6.1 OF THE CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES
The purpose of the article is to analyze part 2 of article 2.6.1 of the Code of Administrative Offenses of the Russian Federation. This provision is interpreted in law enforcement practice as a limitation of the right of employers to be exempt from liability for violating traffic rules if the vehicle was driven by a driver under an employment contract. The article analyzes the compliance of the legal provision in question with the Constitution of the Russian Federation. The relevance of the topic lies in the fact that in cases of violation of traffic rules within the framework of labor relations, clear and fair rules of responsibility must be applied.
Keywords: owner (owner) of the vehicle, administrative responsibility, principle of equality, legal certainty.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation of February 26, 2010 No. 4-P // SZ RF. – 2010. – No. 11. – Art. 1255;
2. Resolution of the Constitutional Court of the Russian Federation of May 17, 2022 No. 19-P // SZ RF. – 2022. – No. 22. – Art. 3755.
3. Resolution of the Constitutional Court of the Russian Federation of March 27, 1996 No. 8-P // SZ RF. – 1996. – No. 15. – Art. 1768.
4. Resolution of the Constitutional Court of the Russian Federation of January 20, 2022 No. 3-P // SZ RF. – 2022. – No. 5. – Art. 861 @@ Resolution of the Constitutional Court of the Russian Federation of May 19, 2020 No. 25-P // SZ RF. – 2020. – No. 21. – Art. 3375.
5. Resolution of the Constitutional Court of the Russian Federation of January 18, 2019 No. 5-P // SZ RF. – 2019. – No. 4. – Art. 360.
6. Resolution of the Constitutional Court of the Russian Federation of July 09, 2021 No. 34-P // SZ RF. – 2021. – No. 29. – Art. 5752 @@ Resolution of the Constitutional Court of the Russian Federation of June 14, 2018 No. 23-P // SZ RF. – 2018. – No. 26. – Art. 3932.
7. Resolution of the Constitutional Court of the Russian Federation of May 17, 2022 No. 19-P // SZ RF. – 2022. – No. 22. – Art. 3755.
8. On some issues arising in judicial practice when considering cases of administrative offenses provided for in Chapter 12 KCode of the Russian Federation on administrative offenses: Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 25, 2020. No. 20 // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 9.
9. Code of the Republic of Kazakhstan on Administrative Offenses: Law of the Republic of Kazakhstan dated July 5, 2014 No. 235-V // Gazette of the Parliament of the Republic of Kazakhstan. – 2014. – No. 18-II (2667-II). – St. 92.
10. Code of the Republic of Belarus on Administrative Offenses: Law of the Republic of Belarus dated January 6, 2021 No. 91-Z // National legal Internet portal of the Republic of Belarus.
CONSTITUTIONAL LAW
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Constitutional and international sub-faculty of the Dagestan State University, Makhachkala
HUSEYNOVA Jamila Sherkhanovna
magister student of Constitutional and international sub-faculty of the Dagestan State University, Makhachkala
ON SOME ASPECTS OF RESTRICTING THE RIGHTS OF CIVIL SERVANTS IN THE RUSSIAN FEDERATION
This article is devoted to some aspects of restricting the rights of civil servants. One of the topical and controversial issues in determining the limitations of civil servants is considered – a conflict of interests. Common types of conflicts of interest are listed. The classifications of conflicts of interest are analyzed: real, possible and imaginary. Attention is drawn to the fact that the very fact of a state of kinship or property is not yet a basis for a conflict of interests. It is said that the qualifying circumstances in this case are the existence of the fact of obtaining material benefits and the establishment of a causal relationship. It is concluded that the problem of conflict of interests in the public civil service system has a moral component, since largely it depends on the level of moral culture of employees, legal consciousness, and the ability to make proper moral decisions.
Keywords: conflict of interests, public service, state, restrictions on rights, citizens, legal entities.
CONSTITUTIONAL LAW
ILJINA Olga Yurjevna
Ph.D. in Law, associate professor of the Faculty of Law of the M. K. Ammosov Northeastern Federal University, Yakutsk
IVANOVA Tatyana Mikhaylovna
Head of the Procurement Training Center of the Procurement Department of the M. K. Ammosov Northeastern Federal University, senior lecturer of the Faculty of Law of the M. K. Ammosov Northeastern Federal University, Yakutsk
PROTECTION OF ECONOMIC COMPETITION IN A SOCIAL STATE: A CONSTITUTIONAL AND LEGAL VIEW
The article reveals the role of protecting the competition as a value underlying constitutional economics, a fundamental principle of state economic policy. At the same time, the authors analyze the state’s obligation to support and protect competition as a constitutional guarantee that ensures the rational use of resources in the interests of society and equal access to them in aspect of social and economic solidarity in a social state.
Keywords: support for competition, protection of competition, welfare state, solidarity, economic solidarity.
Bibliographic list of articles
1. Bogdanova N. A. System of science of constitutional law: dissertation … Doctor of Law: 12.00.02. – Moscow, 2001. – P. 189.
2. Bryzgunova O. V. Constitutional principles of regulation of economic relations in the Russian Federation and constituent entities of the Russian Federation: diss. Candidate of Legal Sciences: 12.00.02. – Penza, 2010.
3. Gubin E. P. Economic activity, economic rights and their protection in the context of the relationship between law and economics // Entrepreneurial Law. – 2021. – No. 3. – P. 3-10.
4. Gadzhiev G. A. Memorandum // Yearbook of constitutional economics. – 2019 / Rep. ed. and comp. A. A. Liverovsky, scientific. ed. G. A. Gadzhiev, director project and comp. P. D. Barenboim. – M., 2019. – P. 8.
5. Donetskov E. S. Balance of private and public interest in the context of implementing the principle of supporting competition: analysis of individual legal positions of the Constitutional Court of the Russian Federation // Constitution of Russia: global, national, regional: Materials of the International Scientific and Practical Conference, Volgograd, December 05, 2013 . – Volgograd: Russian Academy of National Economy and Public Administration under the President of the Russian Federation (Volgograd branch), 2013. – P. 184.
6. Liverovsky A. A. Constitutional regulation of economic processes // Yearbook of constitutional economics. – 2019 / Rep. ed. and comp. A. A. Liverovsky, scientific. ed. G. A. Gadzhiev, director project and comp. P. D. Barenboim. – M., 2019. – P. 30.
7. Mazaev V. D. Concept and constitutionalprinciples of public property / Institute of Law and Public. Politicians. – Moscow, 2004. – P. 43, 68.
8. Mnishko V.V. Constitutional and legal foundations of the unity of economic space in the Russian Federation: dissertation … candidate of legal sciences: 12.00.02. – Moscow, 2003. – P. 50.
9. Sukhorukov A. S. Constitutional and legal regulation of competition in the Russian Federation. – Moscow: Yurlitinform, 2013. – P. 63-64, 82.
10. Tripuzova A. A. Constitutional principles of support and protection of competition in the member states of the EAEU // Dynamics of legal establishment and implementation in the sphere of public legal relations: Collection of scientific articles / Editorial Board: O. I. Chupris (chief editor) [and etc.]. Volume Issue 4. – Minsk: Limited Liability Company “Kolorgrad”, 2022. – P. 439.
11. Umnova-Konyukhova I. A., Aleshkova I. A. The principle of solidarity in post-industrial society: features of content and development trends // International private and public law. – 2021. – No. 1. – P. 3-7.
12. Yakimova E. M. System of constitutional principles of legal regulation of entrepreneurial activity in Russia // State power and local self-government. – 2019. – No. 3. – P. 42-43.
CONSTITUTIONAL LAW
KRASHENNIKOVA Tatyana Vasiljevna
Ph.D. in economical sciences, Master of the South Russian Institute of Management of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation, member of the Election Commission of the Rostov region, Assistant to the deputy of the State Duma of the Russian Federation, Rostov-on-Don
PROBLEMS OF FUNCTIONING OF THE INSTITUTE OF OBSERVATION IN THE ELECTORAL PROCESS OF THE RUSSIAN FEDERATION
Without the right to vote, a democratic society becomes subject to authoritarian regimes, corruption and human rights violations. Therefore, the protection and observance of the right of citizens to participate in elections is one of the most important signs of democracy. Observers, as subjects of the electoral process, both at the national and international levels, are called upon to ensure the transparency of the activities of electoral bodies. The effectiveness of the exercise of the powers of observers in electoral legal relations depends on the quality of the regulatory regulation of observation. The purpose of this article is to consider the functioning of the institution of observation in the electoral process of the Russian Federation, in particular the problem of replacing the observer.
Keywords: electoral law, institute of observers, democratic society, public control, lists of observers.
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) // IPS Consultant-plus.
2. Narutto S.V. Observer at elections: legal status, procedure for participation // SPS ConsultantPlus. 2023.
3. Resolution of the Constitutional Court of the Russian Federation dated April 22, 2013 No. 8-P “In the case of verifying the constitutionality of Articles 3, 4, paragraph 1 of part one of Article 134, Article 220, part one of Article 259, part two of Article 333 of the Civil Procedure Code of the Russian Federation, subparagraph “h” of paragraph 9 of Article 30, paragraph 10 of Article 75, paragraphs 2 and 3 of Article 77 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, parts 4 and 5 of Article 92 of the Federal Law “On Elections” deputies of the State Duma of the Federal Assembly of the Russian Federation” in connection with complaints from citizens A.V. Andronov, O.O. Andronova, O.B. Belov and others, the Commissioner for Human Rights in the Russian Federation and the regional branch of the political party A JUST RUSSIA in the Voronezh region » // “Rossiyskaya Gazeta”, No. 94, 04/30/2013.
4. Resolution of the Central Election Commission of Russia dated June 29, 2022 No. 88/738-8 (as amended on June 28, 2023) “On clarification of the procedure for working with lists of observers during additional elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the eighth convocation in single-mandate electoral districts, other elections and referendums” // “Bulletin of the Central Election Commission of Russia”, No. 6, 2022.
5. Federal Law of July 27, 2006 No. 152-FZ (as amended on February 6, 2023) “On Personal Data” // “Rossiyskaya Gazeta”, No. 165, 07/29/2006.
CONSTITUTIONAL LAW
RABADANOVA Saida Spartakovna
Master’s student 3 years of part-time study at the Law Institute of Dagestan State University, Makhachkala
MAGOMEDOVA Patimat Rasulovna
Candidate of Legal Sciences, Associate Professor of the Department of Constitutional and International Law of the Law Institute of the Dagestan State UniversityGift University, Makhachkala
PROBLEMS OF INTERACTION OF THE FEDERAL ASSEMBLY WITH OTHER BODIES DURING THE PARLIAMENTARY INVESTIGATION
This scientific article explores the problems associated with the interaction of the Federal Assembly of the Russian Federation with other bodies in the context of a parliamentary investigation. The authors analyze the mechanisms of interaction between the Federal Assembly and other key government bodies in Russia during parliamentary investigations. The article assesses the obstacles that arise during such interaction and offers recommendations for improving the effectiveness of parliamentary investigations, taking into account the participation of various bodies in the process of their conduct. The legislative and practical aspects of the interaction of the Federal Assembly with other bodies within the framework of a parliamentary investigation are analyzed in order to develop recommendations for improving this process in the Russian Federation.
Key words: interaction, Federal Assembly, parliamentary investigation, authorities, parliament, power.
RABADANOVA Saida Spartakovna
magister student 3 year of study of the correspondence course of the Institute of Law of the Dagestan State University, Makhachkala
MAGOMEDOVA Patimat Rasulovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF INTERACTION OF THE FEDERAL ASSEMBLY WITH OTHER BODIES DURING THE PARLIAMENTARY INVESTIGATION
This scientific article explores the problems associated with the interaction of the Federal Assembly of the Russian Federation with other bodies in the context of a parliamentary investigation. The authors analyze the mechanisms of interaction between the Federal Assembly and other key public authorities in Russia during parliamentary investigations. The article evaluates the obstacles that arise during such interaction and offers recommendations for improving the effectiveness of parliamentary investigations, taking into account the participation of various bodies in the process of their conduct. The legislative and practical aspects of the interaction of the Federal Assembly with other bodies within the framework of the parliamentary investigation are analyzed in order to develop recommendations for improving this process in the Russian Federation.
Keywords: interaction, Federal Assembly, parliamentary investigation, authorities, parliament, government.
Bibliographic list of articles
1. Amiragyan S.S. Parliamentary investigation into the legislation of the constituent entities of the Russian Federation // Student Forum. – 2023. – No. 6 (229). – pp. 28-31.
2. Aguzarov T. T. Parliamentary investigation as a form of parliamentary control – Caucasian Mining and Metallurgical Institute (State Technological University). Volume Issue 2. – Vladikavkaz: Terek, 2018. – P. 13-18.
3. Abaeva Z. R. Parliamentary investigation as a form of parliamentary control in the constituent entities of the Russian Federation // Constitutional and municipal law. – 2023. – No. 3. – P. 26-31
4. Volodina E. N. Current issues of parliamentary control in Russia // High technologies, science and education: current issues, achievements and innovations: collection of articles of the VIII All-Russian Scientific and Practical Conference, Penza, October 27, 2020. – Penza: “Science and Enlightenment” (IP Gulyaev G. Yu.), 2020. – P. 229-232.
5. Lobkov A.V. The relationship between individual and collegial principles of parliamentary control (on the example of parliamentary investigations in the constituent entities of the Russian Federation // Constitutional and municipal law. – 2023. – No. 6. – P. 42-46.
6. Negamutzyanova A. S. Parliamentary investigation in the mechanism for ensuring the rights and freedoms of citizens: theoretical aspects // Modern problems of lawmaking and law enforcement: Materials of the All-Russian student scientific and practical conference within the framework of the Baikal Student Legal Forum-2020, Irkutsk, March 26, 2020 / Rep. editors E. I. Devitsky, S. I. Suslova. Volume 1. – Irkutsk: Irkutsk Institute (branch) of VGUYU (RPA of the Ministry of Justice of Russia), 2020. – P. 89-94.
CONSTITUTIONAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
PROBLEMS OF ENSURING CITIZENS’ INFORMATION RIGHTS IN MODERN RUSSIA
The article analyzes the legal nature of ensuring information rights. The main problems of legislation in the field of ensuring the information rights of citizens are analyzed. As a result of the study, the conclusions are substantiated that the system of information rights of citizens is of great importance for the implementation of the legal status of a modern person and must be provided with an effective and legal mechanism for implementation and guarantees.
Keywords: information rights, problems of ensuring information rights, citizens’ rights, public policy, development of the information society.
Bibliographic list of articles
1 Karmanovsky N. S., Savchenko-Novopavlovskaya S. L. Organizational and legal basis for protecting official secrets at an enterprise: a textbook. – St. Petersburg, 2018.
2 Krasnonosov E. Yu., Grigorenko N. Yu. General characteristics of information rights of man and citizen as the fourth generation of human rights // Donetsk Readings 2021: education, science, innovation, culture and challenges of our time: materials of the VI International Scientific Conference / edited by. ed. S. V. Bespalova. – Donetsk, 2021.
3 Kuzmenkova T. N. Conceptual aspects of human rights and information sovereignty of the state // Pravo.by. – 2021. – No. 6 (74).
4 International law: textbook / Rep. ed. R. M. Valeev, G. I. Kurdyukov. – M., 2017.
5 Smolyakov A. A. On the issue of protecting the rights and freedoms of man and citizen in the context of personal information security // Law. Right. State. – 2022. – No. 2 (34).
6 Chepenko Y. K. New generations of human rights // Law. Right. State. – 2022. – No. 4 (36).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
YARAKHMEDOV Shamil Ruslanovich
magister student of the Department of Civil Law, Dagestan State University, Makhachkala
PECULIARITIES OF BRINGING FOREIGN CITIZENS TO ADMINISTRATIVE RESPONSIBILITY IN THE RUSSIAN FEDERATION
The article lists the grounds for bringing foreign citizens to administrative responsibility in Russia. The administrative legislation regulating relations related to the establishment of administrative responsibility of foreign citizens is analyzed. They talk about the associated problems with the stay of foreign citizens on the territory of the Russian Federation. The main differences between such administrative penalties as expulsion, deportation and readmission of these categories of persons are listed. Ways to improve the current administrative legislation are proposed.
Keywords: foreign citizens, administrative responsibility, expulsion, deportation, readmission, rights and obligations.
Bibliographic list of articles
1. Akkuzin Yu. A., Lyuev T. Kh., Vasilenko N. S., Ternovskaya A. V. Peculiarities of administrative responsibility of foreign citizens and stateless persons // Issues of Russian and international law. – 2022. – T. 12. – No. 1A. – pp. 398-406.
2. Onishchenko K. F. Features of bringing foreign citizens and stateless persons to administrative responsibility // Issues of sustainable development of society. – 2021. – No. 1. – P. 182-187.
3. Sadovskaya O. V., Makhmudova S. Sh. Grounds for attracting foreign citizens to administrative responsibility // Issues of sustainable development of society. – 2022. – No. 10. – P. 105-111.
4. Sazonova O. A., Filippova N. V., Potanina I. V., Barkalov R. V. On measures of administrative responsibility for violation of the rules for attracting foreign citizens to work in the Russian Federation // Questions of Russian and international law. – 2023. – T. 13. – No. 3A. – pp. 204-210.
5. Snitko O. G. Foreign citizens and stateless persons as special subjects of administrative responsibility // NovaUm.Ru. – 2021. – No. 31. – P. 162-166.
6. Sokol V. A. On the issue of administrative responsibility of foreign citizens // Epomen. Global. – 2022. – No. 25. – P. 229-234.
7. Terentyeva A. A. Administrative expulsion of foreign citizens outside the Russian Federation and deportation: concept, differences, problems of application, imprisonment of foreign citizens in special institutions // Theory of Law and Interstate Relations. – 2021. – T. 2. – No. 8 (20). – pp. 245-253.
ADMINISTRATIVE LAW
MARAKHOVSKAYA Kristina Gennadjevna
bachelor student of the 4th course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
STEPANOVA Svetlana Igorevna
bachelor student of the 4th course of the direction of training 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
DIFFICULTIES OF ADAPTATION: MIGRANT CHILDREN AND THE SCHOOL ENVIRONMENT
Children of migrantst workers are the most vulnerable subjects of the migration process, since they are forced to live in new social and cultural conditions and adapt to them, and therefore often face certain difficulties in the learning process, such as the language barrier, cultural differences, difficulties of social adaptation and others. Special attention is paid to the analysis of the impact of these problems on the psychological well-being of migrant children and their educational achievements. The article discusses possible ways to solve these problems, as well as offers practical recommendations for overcoming these difficulties and creating a more favorable environment for the successful adaptation of migrant children in the school environment.
Keywords: education, children, migrants, problem, school, education, adaptation.
Bibliographic list of articles
1. Demintseva E. From “factory” to “Migrant” school: (post)Soviet school segregation in urban space // Laboratorium: Journal of Social Research. – 2020. – Volume 12. – No. 1. – pp. 152-182.
2. Boyarsky P.V. The position and rights of migrants in the sphere of school education in Russia // Young scientist. – 2020. – No. 20 (310). – pp. 247-253.
3. Konstantinov V. V., Klimova E. A., Osin R. V. Socio-Psychological Adaptation of Labor Migrants’ Children in Conditions of Preschool Educational Institutions // European Proceedings of Social and Behavioral Sciences. – 2020. – Vol. 91. – R. 1-340.
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
MAGOMEDOVA Alzhanat Gamzaevna
magister student of Administrative and financial law sub-faculty of the Dagestan State University, Makhachkala
ON THE QUESTION OF THE CONCEPT AND FEATURES OF ADMINISTRATIVE AND LEGAL REGIMES IN THE RUSSIAN FEDERATION
The article discusses the problem of defining the concept of an administrative legal regime. Its signs are revealed. It is said that the main signs of administrative and legal regimes in the Russian Federation are considered: regulation by the norms of administrative law; consolidation of the rules of conduct of subjects; the introduction of additional restrictions and responsibilities; establishment in the field of executive power, application of state coercion measures, etc. The practical significance of administrative and legal regimes for regulating public relations is shown. The disadvantages of legal regulation of administrative and legal regimes in the Russian Federation are listed. It is concluded that it is necessary to amend the legislation.
Keywords: administrative and legal regimes, regulatory legal acts, public relations, public administration, legal regulations, the science of administrative law.
Bibliographic list of articles
1. Nozdrachev A.F. Modern content of the concept of “administrative legal regime” // Journal of Russian Law. – 2017. – No. 2 (242). – pp. 98-110.
2. Mayurov N.P., Zhukov I.A., Portnova A.A. Institute of special administrative and legal regimes in the Russian Federation: historical and legal research // Bulletin of Tver State University. Series: Law. – 2023. – No. 2 (74). – pp. 58-70.
3. Administrative law of Russia: textbook, 3rd edition, revised and expanded / executive editor L. L. Popov. – Moscow, 2014.
4. Bakhrakh D.N., Rossiyskiy B.V., Starilov Yu.N. Administrative law: a textbook for universities. – 2nd edition, with changes and additions. – Moscow: Norma, 2005. – 800 p.
5. Makareiko N.V. Administrative law: a textbook for universities. – 12th ed., revised and expanded. – Moscow: Yurayt Publishing House, 2023. – 309 p.
6. Novikov A. O. Experience and problems of application of administrative-legal regimes in the Russian Federation // Modern Science. – 2023. –No. 3-1. – pp. 32-36.
7. Belyaeva G.S. Legal regime: concept and signs // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2021. – T. 25. – No. 1. – P. 281-293.
8. Zhirdetskaya M. S. Legal regime: concept, signs, classification // Bulletin of Science. – 2023. –T. 4. – No. 3 (60). -WITH. 92-97.
9. Kosmynina P.V. Legal regime for crime prevention. – Moscow, 2005.
10. Karavaev E. S., Paranin V. A., Kartavtsev D. A. On the issue of administrative legal regimes in Russia // Issues of Russian and international law. – 2021. – T. 11. – No. 3A. – pp. 204-209.
11. Milkevich O. A., Goncharov E. V. and [others] Changing the value of health during the period of self-isolation: socio-cultural and psychological-pedagogical aspects // Modern scientist. – 2020. – No. 4. – P. 130–135.
12. Keramova S. N., Abdullaev M. M. Voissues of legal regulation of administrative-legal regimes in Russia // Law and Law. – 2019. – No. 2. – P. 180-182.
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
SETTLEMENT OF DISPUTES UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION
The study examines the norms of legislation on dispute settlement in various areas of law: civil, family, business, etc. World practice shows that counterparties entering into contentious relations prefer, in most cases, to resolve disputes not in court, but through the involvement of certain services. This behavior allows you to stay in the relationship of interaction in the future, save money on court costs and observe the minimum time frame for resolving conflict situations. The domestic regulatory framework also provides an opportunity to regulate conflicts through mediation. However, the problem of using this assistance is not so developed. The authors review the current legislation, analyze statistical data and attempt to develop the direction of application of the law, taking into account the expansion of its application.
Keywords: civil law, dispute settlement, mediation procedure, mediation agreement, third parties.
Bibliographic list of articles
1. Mediation: what is it in civil proceedings, arbitration, administrative. – [Electronic resource]. – Access mode: https://www.arbitr-praktika.ru/article/2489-mediatsiya (date of access: 10/01/2023).
2. Kudrina A. A. Application of the mediation procedure in the Russian Federation. — Text: immediate // Young scientist. – 2023. – No. 19 (466). — pp. 359-361.
3. Legal regulation of mediation in the Russian Federation. — Official Internet portal of the National Chamber of Mediators. – [Electronic resource]. – Access mode: https://www.fpmrf.ru/legal-regulation-of-mediation-in-the-RF/ (date of access: 10/01/2023).
4. Mediation: what foreign experience says. NORMA.UZ. – [Electronic resource]. – Access mode: https://www.norma.uz/nashi_obzori/. (access date 10/01/2023).
5. Russian mediation. – [Electronic resource]. – Access mode: https://journal.arbitration.ru/ru/analytics/rossiyskaya-mediatsiya/ (access date 10/01/2023).
CIVIL LAW
AGAMOV Jamaludin Tagirovich
master of the Institute of Law of the Dagestan State University
THE PROBLEM OF BRINGING TO SUBSIDIARY LIABILITY THE PERSONS CONTROLLING THE DEBTOR WHO ARE NOT MEMBERS OF THE MANAGEMENT BODIES
The article examines the issue of bringing to subsidiary liability of persons who are not members of the management bodies of a legal entity, giving examples from court practice. The author analyzes the grounds and conditions of bringing such persons to liability, and also considers the problems arising in connection with this issue.
Identifying the individuals subject to secondary liability and ascertaining their culpability stands as a primary challenge. This article posits that accountability should encompass not solely executives and governing body members but also encompass other individuals whose actions or oversights contribute to the company’s bankruptcy.
The article also raises the question of how to determine the degree of guilt of each of the persons held liable and how to distribute liability between them.
Keywords: subsidiary liability, person controlling the debtor, management bodies, bringing to subsidiary liability, debtor’s management.
Bibliographic list of articles
1. On insolvency (bankruptcy): Federal Law of October 26, 2002 No. 127-FZ. Access from the ConsultantPlus legal reference system.
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ [ed. from 08/03/2018] [as amended. and additional, intro. in force from 06/01/2019].
3. Kolontaevskaya I. F. Problems of interaction between corporate law in Russia and foreign countries. The doctrine of “lifting the corporate veil” // Bulletin of Moscow University. S. Yu. Witte. Ser. 2: Legal sciences. – 2014. – No. 3.
4. Popondopulo V.F., Silina (Slepchenko) E.V. Responsibility of the debtor’s manager and other persons in a bankruptcy case // Judge. – 2018. – No. 4.
5. Efimov P. A. Peculiarities of bringing to subsidiary liability persons who are not members of the governing bodies of the debtorka // Bulletin of Chelyabinsk State University. Series: Law. – 2020.
6. Lomakin D., Gentovt O. Responsibility of controlling persons: legal nature and mechanism of attraction to it // Economy and Law. – 2016. – No. 1. – pp. 11-15
7. Pokrovsky S.S. Subsidiary liability: problems of legal regulation and enforcement // Bulletin of economic justice of the Russian Federation. – 2015. – No. 7. – P. 98-129.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, “Leningrad regional lawyer association”, Law firm “Pelevin and partners”
THE PATIENT’S RESPONSIBILITY FOR IMPROPER FULFILLMENT OF CONTRACTUAL OBLIGATIONS TO THE PLASTIC SURGERY CLINIC
The article reveals the concept, types of responsibility of the patient for improper performance of contractual obligations to the clinic of plastic surgery. It is noted that first of all, the patient is responsible for late and incomplete payment of the contractor’s services. Liability may include the payment of a penalty, interest under Article 395 of the Civil Code of the Russian Federation, compensation for losses. Attention is also paid to the patient’s responsibility for the reliability of the necessary information about his health provided to the contractor. Hiding information, providing the clinic with false information about their condition and symptoms from doctors can have negative consequences for health and the effectiveness of treatment. In addition, it is indicated that the patient is responsible for compliance with the internal regulations of the clinic, for causing material damage to the clinic’s property.
Keywords: plastic surgery, contract, medical services, breach of obligation, liability, damage, penalty, concealment of information, clinic, patient.
Bibliographic list of articles
1. Abdullina V. S. Conditions of civil liability for violations in the field of medical services // Kazan Medical Journal. 2007. No. 2. Volume 88.
2. Voropaev A.V. Issues of delimitation of responsibility between the patient and the medical institution when providing paid medical services // Siberian Medical Journal (Irkutsk). 2008. T. 77. No. 2.
3. Inyushkin A. A., Kudasheva P. S. Problems of legal regulation of medical services // Current issues of industry development. 2021. Volume 17 No. 2 (64).
4. Kratenko M.V., Moroz V.P. Problems of proof in medical disputes: comparative analysis of the law of Russia, Belarus and the European Union // Bulletin of Perm University. Legal sciences. 2021. No. 4.
5. Muravyova E. V. Civil liability in the field of medical activities: abstract. dis. …cand. legal Sci. Rostov-on-Don, 2004.
6. Pavlov A. A. On the issue of guilt as a condition of civil liability: problems and solutions // Matters of Russian and International Law. 2021. Vol. 11.Is. 1A.
7. Starchikov M. Yu. Civil regulation of relationships in the field of health care: problematic issues and judicial practice: scientific and practical guide // SPS ConsultantPlus. 2022.
CIVIL LAW
ANDRIEVSKIY Konstantin Vitaljevich
Ph.D. in Law, associate professor, Director of the ANO “Institute of Economic and Legal Research”, Sevastopol
SHESTOV Sergey Nikolaevich
Ph.D. in economical sciences, associate professor of Enterprise economics sub-faculty of the Sevastopol State University
TO THE QUESTION OF THE CHANGES IN FINANCIAL LAW IN THE CONTEXT OF DIGITALIZATION AND GLOBALIZATION
Globalization and digitalization are significantly changing the field of financial law. Large-scale digitalization of life and business has led to a lag between civil legislation and real financial practice, which is now mainly taking shape in the digital sphere. The key task of the Russian legislator is to modernize the regulatory framework in the area we are considering. The effect of legal norms is reaching a new level – the level of interaction between residents of different countries and continents, transnational corporations, interstate alliances, international financial and economic structures. The national component in financial law, of course, is not being completely replaced, but is gradually adapting to the new digital agenda – even in the most conventional legal systems of the world.
The authors came to the conclusion that the accelerating dynamics of digitalization of the economy, finance, public relations and business have led to a lag between civil legislation and real financial practice, which is now being formed in many cases in the virtual space. The key task of the Russian legislator is to modernize theregulatory framework in the area we are considering. Digitalization of the financial market involves the use of new technologies such as blockchain, artificial intelligence, data analytics and digital payment systems. These innovations require appropriate legislative regulation – this is the only way to ensure their safe and effective use.
Keywords: financial right, financial precept of law, digitalization, globalization, token, digital asset, digital rights.
Bibliographic list of articles
1. Current problems of financial law in the context of digitalization of the economy: monograph / Ed. E. Yu. Grachevoy. – M., 2020. – 256 p.
2. Alekseev N. V. Correlation of institutions of digital rights, digital financial assets and digital currencies // Vestnik VGU. Series: Law. – 2022. – No. 1 – P. 180-190.
3. Gulyaeva T. B. Digital rights are an object of legal relations? // Education and law. – 2021. – No. 8. – P. 167-169.
4. Korobova A. P. Financial and legal policy of the state: problems of digital transformation // Law and state: theory and practice. – 2022. – No. 12. – P. 54-56.
5. Lifanov A.V. Trends in the development of financial law in the context of digitalization // International Journal of Humanities and Natural Sciences. – 2021. – No. 11-4. – pp. 32-34.
6. Marchenko M. N. The influence of the processes of globalization and regionalization on the development of law and its theory // Problems and prospects for the development of state and law in the 21st century: materials of the International Scientific and Practical Conference. – Ulan-Ude, 2010. – 399 p.
7. Pashentsev D. A. The influence of international financial organizations on the dynamics of the legal tradition of Russia // Bulletin of the Academy of Law and Management. – 2016. – No. 1. – P. 15-18.
8. Rossoshik S. L. Shaydullina N. R. Transnational corruption in the context of globalization as a challenge to the world security system // Law and Law. – 2021. – No. 3. – P. 139-140.
CIVIL LAW
ANANJEV Roman Viktorovich
judge of the Arbitration Court of the Volga district
THE PLACE OF THE CONVERTIBLE LOAN AGREEMENT IN THE SYSTEM OF CIVIL LAW CONTRACTUAL STRUCTURES
The article examines the place and role of a new contractual institution of civil law – a convertible loan in the system of contractual obligations. It has been established that a convertible loan agreement contains signs of several civil transactions: a loan, offset, increase in authorized capital, corporate agreement. The features of this institution are analyzed through its consideration as the basis of a complex obligation, as well as through the analysis of an alternative obligation embedded in the model of a convertible loan agreement.
Keywords: loan agreements, obligation relations, corporate regulation, offset of loan claims, alternative obligations, complex obligations.
Bibliographic list of articles
1. Ilyushina M. N. Convertible loan agreement as a new contractual-obligatory mechanism for regulating corporate relations in limited liability companies // Civil Law. – 2022. – No. 3. – P. 31-35.
2. Scientific and practical commentary on the Federal Law “On Limited Liability Companies”. Volume 1 / Ed. I. S. Shitkina. – M.: Statute, 2021 (author of the commentary on Article 19.1 – S. Yu. Filippova).
3. Vishnevsky P. N. Cross-border loan agreement: law and practice. – M.: Infotropik Media, 2018. – 196 p.
4. Mayfat A.V. Investing: methods, risks, subjects. – M.: Statute, 2020. – 176 p.
5. Biryukov D. O. C minor: requiem for minorities in a major key / Intro. sl. I. S. Shitkina. – M.: Statute, 2020. – 300 pp.
6. Loan, credit, factoring, deposit and account: article-by-article commentary to articles 807–860 of the Civil Code of the Russian Federation / V. V. Baybak, O. M. Ivanov, A. G. Karapetov and others; resp. ed. A. G. Karapetov. – M.: M-Logos, 2019. – 1282 p. @@ Karapetov A. G. Conditional rights and obligations: a review of problematic issues in the application of Art. Art. 157 and 327 of the Civil Code of the Russian Federation // Bulletin of Economic Justice. – 2017. – No. 6. – P. 71-128.
7. Bogdanov A.V. Legal regulation of a convertible loan agreement in corporate relations // Ex jure. – 2022. – No. 2. – P. 68.
8. Veko R.V. Convertible loan as a tool for attracting financial resources for the innovative activities of organizations: features and possibilities of application in the Republic of Belarus // Bulletin of Polotsk State University. Series D. Economic and legal sciences. – 2020. – No. 5. – P. 57.
9. Kachalova A. V. Convertible loan agreement // Bulletin of the O. E. Kutafin University. – 2021. – No. 11. – P. 206-215.
10. Mikryukov V. A. On the analogy of lack of money and lack of marketability of a loan // Bulletin of Arbitration Practice. – 2021. – No. 5. – P. 29-33.
11. Kuznetsova O. A. Fictitious phenomena in law. – Perm: Perm Publishing House. state University, 2004. – 204 p.
12. Yankovsky R. M. Convertible loan: contractual model and regulatory problems // Law. – 2017. – No. 11. – P. 184-192.
13. Bychkov A. Convertible loan agreement // Legal directory of the manager. – 2021. – No. 11. – P. 53-63.
14. Tuzhilova-Ordanskaya E. M. Classification of secondary rights // Civil law. – 2020. – No. 1. – P. 16-19.
15. Bychkov A. Secondary rights // EZh-Lawyer. – 2017. – No. 31. – P. 3.
16. Kravchenko A. A. On the issue of determining the legal nature of secondary rights // Legislation and Economics. – 2015. – No. 2. – P. 49-52.
17. Kostin P. Yu. Property and non-property nature of secondary rights // Modern law. – 2014. – No. 4. – P. 58-62.
18. Zeckel E. Secondary rights in civil law // Bulletin of civil law. – 2007. – No. 2.
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
KACHMAZOVA Alina Yurjevna
magister student of the Moscow Financial and Industrial University “Synergy”
THE POLICY OF LEGAL REGULATION OF THE ENERGY INDUSTRY OF THE NEW REGIONS OF THE COUNTRY
In this paper, the problematic issues of the civil definition of the energy industry of the country’s regions recently annexed to the territory of the Russian Federation are considered. The study reflects the features of optimization in the operation of the electric grid complex as a result of the relaxation of taxation of electric power enterprises in the industry segment. The characteristic of Russia’s energy strategy for the period up to 2035 is given. The types of taxes for new entities are considered, taking into account the implementation of the SMO and other social risks.
Keywords: state, civil legislation, tax policy, new regions, electric power industry, consumption.
Bibliographic list of articles
1. Ananyeva E. O., Kachmazova A. Yu. Bankruptcy of electric grid companies and reducing the risk of state-owned companies when organizing new grid companies and guaranteeing suppliers // Eurasian Legal Journal. 2023. No. 6 (181). pp. 190-192.
2. Rosseti completed the reorganization on the basis of FGC UES. [Electronic resource]. – Access mode: https://tass.ru/ekonomika/16770449 (date of access: 10/15/2023).
3. Ananyeva E. O., Bondarenko A. V., Lukiyanov M. Yu. Civil legal regulation of issues of digitalization of society // Eurasian Legal Journal. 2022. No. 8 (171). pp. 14-18.
CIVIL LAW
AKHTYAMOVA Evgeniya Viktorovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
ALSYNBAYEVA Elvira Makhamatovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
AMINEVA Aigul Yulaevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
ATNABAEVA Yuliya Vilevna
senior lecturer of Civil law sub-faculty of the Institute of Law of Ufa University Science and Technology
GENETIC RESEARCH IN THE RUSSIAN FEDERATION: LEGAL PROBLEMS AND SOLUTIONS
The relevance of the topic is primarily due to the fact that research in the field of genetics at this stage of world progress is developing at a very rapid pace. A detailed analysis of the legal regulation of genetic research in the Russian Federation made it possible to identify problems in the process of legislative regulation of the medical genetic engineering industry. It was concluded that the development of innovative genetic technologies is one of the key factors determining the competitiveness of national economies and the effectiveness of national security strategies in the country.
Keywords: law, genetics, DNA, information, legal regulation, genetic information, genetic research, gene therapy.
Item-by-item bibliography
1. 65 world-class genetic laboratories will be created in Russia by 2027 // Official website of the Ministry of Education and Science of the Russian Federation. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/novosti-ministerstva/21798/ (access date: 12/03/2023).
2. National project “Science”: World-class genomic centers // // Official website of the Ministry of Education and Science of the Russian Federation. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/press-center/news/novosti-ministerstva/21566/ (date of access: 12/03/2023).
3. Akhtyamova E. V., Alsynbaeva E. M., Masalimova A. A. Problems of legal regulation of the protection of genetic information obtained by methods of preimplantation and prenatal genetic diagnostics in the Russian Federation // Rule of Law: Theory and Practice. – 2022. – No. 3 (69) – pp. 20-26.
4. Ruzanova V.D., Belyakov V.I. Problems of legalization and use of genetic technologies and circadian physiology data in the field of professional selection // Legal Bulletin of Samara University. – 2020. – T. 6. No. 2. – P. 28-35.
5. Vasilevich D. G. Interaction of somatic and other rights and freedoms of man and citizen // Bulletin of Economic Security. – 2018. – No. 4. – P. 30-35.
6. Potseluev E. L., Danilova E. S. Concept and types of personal (somatic) human rights // Science. Society. State. – 2015. – T. 3. No. 1. – P. 124-133.
7. Bogdanova E. E. Legal problems and risks of the genetic revolution: genetic information and discrimination // Lex Russica. – 2019. – No. 6 (151). – pp. 18-29.
8. Tuzhilova-Ordanskaya E. M., Akhtyamova E. V. Problems of civil law regulation in the sphere of protecting the rights of citizens in the Russian Federation when using genetic information // Bulletin of Perm University. Legal sciences. – 2021. – Issue. 52. – pp. 263-284.
9. Vladimirov V. Yu., Gorbulinskaya I. N., Kubitovich S. N. On the issue of the safety of genomic information // Biosphere. – 2018. – T. 10. No. 1. – P. 42-47.
10. Khusainova R. I., Minniakhmetov I. R., Yalaev B. I., Akhtyamova E. V., E. M. Alsynbaeva E. M. Legal problems of protecting human rights in the Russian Federation when using molecular genetic technologies in medicine // Genes & Cells. – 2021. – T. XVI. No. 3. – pp. 75-81.
11. Akhtyamova E. V., Khusainova R. I., Minniakhmetov I. R., Sultanova R. I. Modern molecular genetic technologies in medicine: ethical and legal issues // Rule of law: theory and practice. – 2020. – No. 2 (60). – pp. 123-133.
12. Belova D. A. Legal status of the embryo in vitro // Lex Russica. – 2019. – No. 6(151). – pp. 122-130.
13. Alsynbaeva E. M., Khusainova R. I., Minniakhmetov I. R., Akhtyamova E. V. Prospects for the use of non-invasive prenatal test in Russia from the point of view of legal regulation // International Journal of Humanities and Natural Sciences. – 2021. – No. 9-2 (60). – pp. 91-93.
14. Bogdanova E. E., Maleina M. N., Ksenofontova D. S. Selected problems of protecting the rights of citizens when using genomic technologies // Lex russica. – 2020. – T. 73. No. 5. – P. 129-142.
15. Maleina M. N. Legal status of the biobank (bank of human biological materials) // Pravo. Journal of the Higher School of Economics. – 2020. – No. 1. – P. 98-107.
CIVIL LAW
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
AVDEEVA Valeriya Andreevna
student of the 3rd course of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
SAVINOVA Natalya Dmitrievna
student of the 3rd course of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
THE INSTITUTION OF RECOGNIZING A CITIZEN AS MISSING: LEGAL FOUNDATIONS AND PROBLEMS OF JUDICIAL PRACTICE
The article examines the existing problems of functioning of the institution of recognition of a citizen as missing or deceased in the Russian Federation. The authors investigate the theoretical foundations of the functioning of the institution of declaring a citizen missing or deceased, analyze statistical data in this area. Due to the consideration of real judicial practices, the main gaps in the legal regulation of the institution under study were identified. In conclusion, options for changing the articles of the Civil Code of the Russian Federation and the CPC of the Russian Federation are proposed, which will improve the mechanism of legal proceedings.
Keywords: citizen unknown absent, civil legislation, civil legal relations, court proceedings, mechanism of legal proceedings.
Bibliographic list of articles
1. EMISS state statistics. – [Electronic resource]. – Access mode: https://www.fedstat.ru/indicator/36194?ysclid=lo7flh67py465975510 (date of access: October 28, 2023).
2. Padalkina O. I. Formation and developmentthe institution of recognizing a citizen as missing. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-i-razvitie-instituta-priznaniya-grazhdanina-bezvestno-otsutstvuyuschim (date of access: 10/30/2023).
3. Anisimov A.P. Civil law of Russia. General part: textbook for universities. – M., 2023. – 435 p.
4. Fundamentals of state and law: a textbook for secondary vocational education. – M., 2023. – 677 p.
5. Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2020 – 2022. – [Electronic resource]. – Access mode: http://cdep.ru/?id=79 (date of access: November 2, 2023).
6. Judicial and regulatory acts of the Russian Federation. The largest database of judicial and regulatory acts on the Internet. – [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: November 2, 2023).
7. Shakitko T.V. Composition of the subject of proof in cases of recognizing a citizen as missing. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sostav-predmeta-dokazyvaniya-po-delam-o-priznanii-grazhdanina-bezvestno-otsutstvuyuschim (date of access: 10/24/2023).
8. Decision No. 2-618/2017 2-618/2017(2-7379/2016;)~M-8855/2016 2-7379/2016 M-8855/2016 dated February 28, 2017 in case No. 2-618 /2017. – [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/F7QGuhgv93QV/?ysclid=lo5jazj4nc413604393 (date of access: November 3, 2023).
CIVIL LAW
KARPOVA Yuliya Sergeevna
assistant of Theory and history of state and law sub-faculty of the Law School of the Far Eastern Federal University Vladivostok, postgraduate student of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
CONTENTS OF THE CATEGORY “REMEDY OF PROTECTING CIVIL RIGHTS” AND ITS RELATION TO THE CATEGORY “METHOD OF PROTECTING CIVIL RIGHTS”
The Constitution of the Russian Federation gives everyone the right to appeal to interstate bodies for the protection of human rights and freedoms if all available “domestic remedies” have been exhausted, but what is meant by “remedies” and what is included in the content of this category is not fixed. The legal vagueness of the concepts of interests used by the legislator makes them difficult to understand.
In science, the categories “method of protecting rights” and “means of protecting rights” are quite often identified, considered as part and whole, or recognized as elements of a single mechanism.
At the same time, we believe that due to the lack of theoretical uniformity on the issue of the content of the category, the lack of a normative definition in the current legislation, insufficient knowledge of this issue and, at the same time, the widespread use in various industries, it is necessary to clarify the content of the category and formulate a definition.
Keywords: means of protecting rights, method of protecting rights, mechanism for protecting rights, implementation of rights, subjective right to protection.
Bibliographic list of articles
1. Khabirov A.I. Means, methods and forms of civil law protection of the rights of the parties under a loan agreement: theoretical aspect // Bulletin of civil process. 2018. No. 6. P. 226-259.
2. Ozhegov S.I. Dictionary of the Russian language: approx. 57,000 words / Ed. N. Yu. Shvedova. 20th ed., stereotype. P. 621
3. Theory of State and Law: Textbook / Ed. N. I. Matuzov. A. V. Malko. M., 2013. P. 223.
4. Alekseev S. S. Legal means: problem statement, concept, classification // Soviet state and law. 1987. No. 6. P. 14.
5. Theory of State and Law: Textbook / Ed. N. I. Matuzov. A. V. Malko. M., 2013. P. 223.
6. Belova L. V. Legal means and forms of protection of economic interests: dis. …cand. legal Sciences: 12.00.01 Samara, 2006. P. 97.
7. Rasskazov L.P. Theory of state and law: textbook. Moscow: RIOR: Infra-M, 2015. P. 446.
8. Puginsky B.I. Civil legal means in economic relations. M., 1984. pp. 86-87
9. Khropanyuk V. A. Theory of state and law. M., 1993. pp. 244-245.
10. Vavilin E. V. Some problems of the mechanism for protecting subjective civil rights // Jurisprudence. 2002. No. 3. P. 179.
11. Mongush B. S. Means of protecting civil rights // Bulletin of the Saratov State Law Academy, (Additional). 2012. pp. 128-132.
12. Shevchenko Ya. N. Remedies in civil law // Soviet state and law. 1977. No. 7. P. 55-62.
13. Rozhkova M. A. Means and methods of legal protection of the parties to a commercial dispute. M.: Wolters Kluwer, 2006. 416 pp.
14. Smirnov A.P. Legal means of protecting subjective rights: dis. …cand. legal Sciences: 12.00.01. Omsk, 2016. P. 50.
15. Stepin A. B. Basic elements and stages of mechanicsisms of protection of civil rights: questions of theory and practice // Russian Judge. 2020. No. 7. P. 3-8.
16. Latypov D. N. System of methods for protecting civil rights in the Russian Federation: dis. … doc. legal sciences 5.1.3. Ulyanovsk, 2022. P. 397.
17. Stepin A. B. Basic elements and stages of mechanisms for the protection of civil rights: questions of theory and practice // Russian Judge. 2020. No. 7. P. 3-8.
18. Civil Code of the Russian Federation. Article-by-article commentary to chapters 1-5 / A. V. Barkov, A. V. Gabov, V. G. Golubtsov and others; edited by L. V. Sannikova. M.: Statute, 2015. 662 pp.
19. Butnev V.V. The concept of the mechanism for the protection of subjective civil rights // The mechanism for the protection of subjective civil rights: a collection of scientific works. Yaroslavl: YarSU, 1990. P. 16.
20. Rozhkova M. A. Means and methods of legal protection of the parties to a commercial dispute. M.: Wolters Kluwer, 2006. 416 pp.
21. Dernova D. V. Non-jurisdictional forms and means of resolving private law conflicts (general provisions) // Court Administrator. 2015. No. 4. P. 21 – 25.
22. Mongush B. S. The category “legal means” in relation to the protection of subjective civil law // Family and housing law. 2012. No. 2. P. 43-44.
23. Stoyakin G. Ya. Protection measures in Soviet civil law: Dis. …cand. legal Sci. Sverdlovsk, 1973. pp. 36-37.
CIVIL LAW
KATANOV Alexander Vladimirovich
senior lecturer of Criminal process, criminalistics and operational investigative activities sub-faculty of the Vologda Institute of Law and Management of the FPS of Russia
USTUZHANINA Viktoriya Olegovna
lecturer of Civil law disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
FEATURES OF LEGAL REGULATION OF INFORMATION SYSTEMS AS A PLACE OF ELECTRONIC TRANSACTIONS
The article discusses the problems of the formation of the regulatory framework governing information systems, the authors propose to consider the information system as the place of conclusion of the transaction. Based on the analysis of the legal regulation of information systems within which transactions are concluded, a conclusion is made about the high degree of self-regulation of these systems. In this regard, the authors point out the need to harmonize national legislation, taking into account the specifics of information systems.
Keywords: transaction, electronic transaction, information system, place of transaction, digitalization, Internet, smart contracts
Bibliographic list of articles
1. Drummer D., & Neumann D. Is code law? Current legal and technical adoption issues and remedies for blockchain-enabled smart contracts // Journal of Information Technology – No. 35 (4). – R. 337-360.
2. Dupan A. S., Bikbulatova Yu. S. Global trends in the regulation of digital platforms: from soft law and self-regulation to imperatives // Law and Law. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mirovye-tendentsii-v-regulirovanii-tsifrovyh-platform-ot-myagkogo-prava-i-samoregulirovaniya-k-imperativam (access date: 08/25/2023).
3. Kalieva N.K. Place of conclusion of the transaction – WWW. — Text: immediate // Young scientist. – 2022. – No. 21 (416). – pp. 519-522.
4. Makhinya E. A. Current problems of concluding civil transactions on the Internet // Siberian Legal Review. – 2013. – No. 2 (21). – P.69-71.
5. Marketplaces, crowdfunding and digital financial services: results of the development of platform services // Official website of the Central Bank of Russia. [Electronic resource]. – Access mode: https://cbr.ru/press/event/?id=14760.
CIVIL LAW
PRONINA Yuliya Olegovna
Ph.D. in economical sciences, associate professor, associate professor of Civil law sub-faculty of the Southwestern State University, Kursk
SUPPORT AND IMPLEMENTATION OF THE “STARTUP AS A DIPLOMA” PROGRAM AS A TYPE OF INNOVATIVE METHODOLOGY IN THE EDUCATIONAL PROCESS
The author examines current issues of implementing the “Startup as a Diploma” indicator within the framework of the strategic development program “Priority 2030” of the Russian Ministry of Science. In the work, based on the analysis of the definitions of a startup given by various scientists, its characteristics and general features of implementation in universities were highlighted. The article was the result of the author’s scientific research on startups and their implementation in universities.
Keywords: startup, university, strategic development, innovation, educational process, innovative methods.
Bibliographic list of articles
1. Aleksina A. S., Khabirova A. V., Glukhikh P. L.. Youth startup movement: analysis of foreign theoretical approaches // Journal of Economic Theory. – 2019. – T. 16. – No. 2. – P. 234-248
2. Blum V. S., Budagov A. S., Kulikova D. M. Startup as a final qualifying work in the educational program “Applied Informatics in Economics” // Actual problems of economics and management. – 2022. – No. 2 (34). – pp. 59-64. – EDN QEWAYQ.
3. Bogdanova O. N., Averkov M. S. Educational startup as a tool for developing competencies, mastering activities, and the emergence of personal projects among students // Krasnoyarsk education: vector of development. – 2022. – No. 1 (5). – pp. 142-147. – EDN YDPVYO.
4. Vostrikova A. S. Main problems of the startup industry in Russia // Alley of Science. – 2019. – T. 1. – No. 12 (39). – pp. 825 – 828.
5. Ganbarov A. T. Startup instead of thesis // Bulletin of science and education. – 2019. – No. 11-4 (65). – pp. 29-31. – EDN RVXSBD.
6. Ezhov A. S. Innovative startup – a key element of the national innovation system in Russia // Business. Education. Right. – 2020. – No. 1 (50). – pp. 250-255. – DOI 10.25683/VOLBI.2020.50.171. – EDN BGPRPM.
7. Shershneva E. G., Parkhaeva A. A. Innovative format “Startup as a diploma” in Russian universities (on the example of the Ural Federal University) // Modern scientific research and innovation. – 2021. – No. 12 (128). – EDN LOZZEC.
8. Yagubov E. Z. University as a life start-up and career guidance work as a choice of life path // Bulletin of USNTU. Science, education, economics. Series: Economics. – 2021. – No. 3 (37). – pp. 133-138. – DOI 10.17122/2541-8904-2021-3-37-133-138. – EDN CWVVND.
9. [Electronic resource]. – Access mode: https://minobrnauki.gov.ru/action/priority2030/
CIVIL LAW
SEDOV Petr Denisovich
postgraduate student of the Law Faculty of the Financial University under the Government of the Russian Federation
GEOGRAPHICAL INDICATIONS AND NAMES OF PLACES OF ORIGIN OF GOODS IN THE EAEU COUNTRIES. POSSIBILITY OF CREATING A COMMON REGISTRATION SYSTEM
In light of the introduction of geographical indications in the Russian Federation and its inability to join the Geneva Act of the Lisbon Agreement, there is an urgent need to create a unified registration system on the territory of the EAEU countries. This article examines the legal regulation of geographical indications and place names of origin of goods on the territory of the EAEU countries. The main focus is on the regulation of these concepts in the context of the EAEU countries. During the research, certain peculiarities of national regulation in the EAEU member states were also identified. Additionally, a number of issues that hinder the establishment of a common registration system for geographical indications and place names of origin of goods of have been identified.
Keywords: geographical indications, legal regulation, registration system, EAEU, legislation, means of individualization.
Bibliographic list of articles
1. Gorlenko S. A. Improving the international system of legal protection of appellations of origin of goods and geographical indications // Patents and licenses. Intellectual rights. – 2016. – No. 1. – P. 37-44
2. Eremenko V.I. Features of legal protection of appellations of origin of goods in the Russian Federation // Intellectual Property Exchange. – 2012. – T. XI. No. 2. – pp. 9-10.
3. Ivliev G. P., Egorova M. A. Ensuring legal protection of the results of intellectual activity and commercialization of rights to them in the EAEU // Lex Russica (Russian Law). – 2021. – T. 74. No. 11 (180). – pp. 9-16.
4. Minakova I.V., Solodukhina O.I. Improving control by customs authorities of the EAEU of cross-border movement of intellectual property objects // Region: systems, economics, management. – 2022. – No. 1 (56). – pp. 11-17
5. Ruzakova O. A., Grin E. S. Issues of development of legal regulation of relations, the object of which are geographical indications // Bulletin of Perm University. Legal sciences. – 2018. – No. 42. – P. 685-699.
6. Sychev A. E. Examination of applications for appellations of origin of goods and geographical indications // Patents and licenses. Intellectual rights. – 2020. – No. 11. – P. 2-9.
7. Shakhnazarova E. A. Features of international legal protection of appellations of origin of goods and geographical indications in the light of the adoption of the Geneva Act of the Lisbon Agreement on May 20, 2015 // Journal of Russian Law. – 2016. – No. 11 (239). – pp. 171-180.
8. Shakhnazarova E. A. Protection of means of individualization containing an indication of the geographical origin of goods in private international law: dissertation … candidate of legal sciences: 12.00.03; [Place of defense: Institute of Legislation and Comparative Law at the Lawgovernment of the Russian Federation]. – Moscow, 2019. – 276 pp.
9. Sheremetyeva N.V. Legal regime of “geographical indication” // Law and practice. – 2020. – No. 2. – P. 140-143
10. Yadrevsky O. O. Innovations in the legislation of the Republic of Belarus on geographical indications // Third civil readings in memory of Professor M. G. Pronina: Collection of materials, Minsk, March 18, 2021 / Edited by N. L. Bondarenko [and others]. – Minsk: Academy of Management under the President of the Republic of Belarus, 2021. – P. 263-267.
11. Jay T., Taylor M. A case of champagne: a study of geographical indications // Corporate Governance eJournal. – 2013. – T. 29. – P. 1-31.
CIVIL LAW
SINELNIKOVA Evelina Andreevna
bachelor of the 5th course of the Bachelor’s Degree of the Faculty of Law Financial University under the Government of the Russian Federation Moscow
THE SHAREHOLDER AND THE CONTRACT OF PARTICIPATION IN SHARED-EQUITY CONSTRUCTION: LEGAL GAPS AND WAYS TO RESOLVE DISPUTES
This article analyzes the legal terminological gaps associated with the lack of a clear definition of the contract of participation in shared-equity construction against the background of the complexity of its legal nature, as well as the importance of clarifying the status of the shareholder as a participant in shared-equity construction in Russian legislation. As a result of the study, possible legislative definitions of these concepts were proposed, as well as recommendations for solving key problems identified in judicial practice in order to eliminate uncertainty and increase the effectiveness of legal regulation in the field of shared-equity construction, making legislation more relevant and corresponding to modern market realities.
Keywords: the contract of participation in shared-equity construction, the legal nature of the contract of participation in shared-equity construction, the definition of the contract of participation in shared-equity construction, the bankruptcy of the developer, the term shareholder, the priority of the requirements of participants in shared-equity construction.
Bibliographic list of articles
1. RBC. Real estate. Rosreestr recorded an absolute record of demand in new buildings in Moscow. [Electronic resource]. – Access mode: https://realty.rbc.ru/news/650affb39a79476fe1f17e98 (Access date: 11/01/2023).
2. Belousov A.L., Soshilova N.S. The only housing for debt // Russian statehood and the legal system in the 21st century: trends, contradictions and development prospects: Interregional scientific and practical conference of scientists, graduate students, students and practitioners. Astrakhan: Astrakhan State Technical University, 2017. pp. 60-63.
3. Double sales of apartments: a chronicle of the struggle // Gazeta.Ru. 2006. July 21. [Electronic resource]. – Access mode: http://www.bpn.ru/publications/19093/# (Date of access: 10/23/2023).
4. Gurin N.V. Correlation of the agreement of participation in shared construction with other legal forms of investment in construction // Bulletin of St. Petersburg University Ser. 14. 2009. Issue. 3. P. 141.
5. Zhuravleva A. A. Agreement on investment in housing construction and agreement on participation in shared construction: correlation of concepts // Journal of Russian Law. 2016. No. 7.
6. Mayfat A.V. Civil law investment structures. M., 2006. P. 161.
7. Binkovskaya A. A. The concept and content of shared construction of real estate objects according to Russian legislation // Law and Economics. 2016. No. 10. P. 21-26.
8. Petrukhin M.V. Concept and signs of an agreement for participation in shared construction // Journal. grew up rights. 2010. No. 3. P. 134-142.
9. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated August 14, 2020 No. 307-ES19-24320 in case No. A56-44694/2019. [Electronic resource]. – Access mode: https://clck.ru/36sRg7 (Date of access: 01.11.2023).
10. Ershov O. G. Agreement of participation in shared construction in the system of civil law contracts // Notary. 2013. No. 2. P. 22.
11. Vagina O. S. Some features of the subjective composition of legal relations in the sphere of participation in shared construction // Bulletin of Perm University. 2011. No. 1. P. 85.
12. Determination of the Investigative Committee for civil cases of the Sixth Court of Cassation of General Jurisdiction dated August 1, 2023 in case No. 8G-14758/2023[88-16476/2023]. [Electronic resource]. – Access mode: https://base.garant.ru/335426871/ // (Date of access: 03.11.2023).
13. Bunina N. Object of shared construction: legal problems of defining the concept // Lawyer. 2007. No. 6. P. 42.
CIVIL LAW
ANDRIEVSKIY Konstantin Vitaljevich
Ph.D. in Law, associate professor, Director of the ANO “Institute of Economic and Legal Research”, Sevastopol
SHESTOV Sergey Nikolaevich
Ph.D. in economical sciences, associate professor of Enterprise economics sub-faculty of the Sevastopol State University
TRANSFORMATION OF THE TAX LEGISLATION OF RUSSIAN FEDERATION IN THE CONDITIONS OF DIGITAL ECONOMY
In the article the changes happening in regulation of tax legal relationship are considered. The role of the changes which happened in the tax legislative massif of Russia in connection with digitalization of society and economy is emphasized and also the perspective directions of improvement of the legal massif and problem aspects in the considered subject domain are allocated. One of the problem areas is the protection of data entering the virtual space. In this regard, one of the areas of digital transformation of the economy, which has recently begun to interest Russian legislation in order to develop normative legal regulation of these legal relations, is cryptocurrencies.
In the work, the authors concluded that today the legislator is trying to prevent excessive tightening of the legal regime for the use of cryptocurrency, and on the other hand, to introduce reasonable control over the turnover of a new type of assets in order to prevent the shadowing of the cryptocurrency segment of the country’s financial space. At the same time, the vast majority of national economic systems are in a digital transformation mode, caused by the transfer of the real sector of the economy into the virtual space, an increase in the share of digital services and goods in the structure of GDP , and the “digitization” of legislation.
Keywords: tax system, tax law, digitalization, digital asset, cryptocurrency, private office.
Bibliographic list of articles
1. Bakaeva O. Yu., Bakholdin O. I. Features of digitalization of the activities of tax authorities (legal aspect) // Bulletin of the State Law Academy. – 2023. – No. 3. – P. 226-232.
2. Brattsev V. I., Roibu A. V. Digitalization of taxation and the stimulating basis for the development of the real sector of the economy // Vestnik REU im. G. V. Plekhanov. – 2018. – No. 5. – P. 20-25.
3. Vasilyeva M.V. Current aspects of taxation in the context of digitalization // Accounting and Statistics. – 2022. – No. 2. – P. 65-71.
4. Emelyanov A. S. Overcoming the vulnerability of taxpayers in the context of digitalization of tax control and tax administration // Law and practice. – 2021. – No. 4. – P. 205-209.
5. Kamenkov V. S. Legal regulation of digitalization in relation to tax obligations // YurSpektr. – 2023. [Electronic resource]. – Access mode: https://ilex.by/pravovoe-regulirovanie-tsifrovizatsii-v-otnoshenii-nalogovogo-obyazatelstva/.
6. Kononenko O. V. Taxation in the digital economy: challenges and prospects // Bulletin of the Institute of Economic Research. – 2020. – No. 1. – P. 147-153.
7. Ostroumov N.V. Current problems of changing civil and tax legislation in the context of digitalization // Legal technology. – 2023. – No. 17. – P. 566-569.
8. Porokhov E.V. Digitalization and tax law // Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan. – 2020. – No. 1. – P. 310-316.
CIVIL LAW
WANG Lu
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PROBLEMS OF PLACEMENT OF CHILDREN LEFT WITHOUT PARENTAL CARE IN THE PEOPLE’S REPUBLIC OF CHINA
In the People’s Republic of China, the problems of placement of children left without parental care are the most difficult compared to similar problems in other countries of the world. This is due both to the specifics of relations in Chinese society, where parents can leave their children to the informal guardianship of relatives or other persons who are not related to their children, and to the specifics of Chinese legislative regulation focused on state support of children exclusively in the case of official registration of guardianship relations, including from the state, or the transfer of children under the responsibility of social security institutions. At the same time, issues related to the placement of children left without parental care in informal families (that is, to persons who do not have any kinship with children) are of particular relevance.
The article examines the specifics of the functioning of such informal families, focuses on the fact that local government bodies can not only informally support informal families, but also contribute to the development of such aninstitution. At the state level, the importance of informal foster families as a new form of alternative care is recognized and attention is focused on the need to support such families, but at the legislative level, appropriate support measures have not yet been fixed. At the same time, such informal families should be considered not just as a form of alternative childcare, but also as a new institution of Chinese society in matters of the placement of children left without parental care and to provide this institution with effective mechanisms of legal regulation.
Keywords: children left without parental care, informal families, legal problems of children’s placement, legal provision of children’s rights, social security institutions.
Bibliographic list of articles
1. Blaxland M., Shang X. Fisher K.R. 2018, ‘Women and care in China’, in Shaver S (ed.), Handbook of Gender and Social Policy, Edward Elgar, Cheltenham, UK. – Рp. 430-447. – [Electronic resource]. – Access mode: http://dx.doi.org/10.4337/9781785367168.
2. Fisher K.R., Cortis N., Shang X., Blaxland M. 2023, ‘Chinese and Australian Neoliberal Policy Responses to Risks in Social Service Purchasing’, Social Policy and Society. – Рp. 1-16. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1017/S1474746423000155.
3. Shang, Xiaoyuan & Fisher, Karen. (2022). Ten – State support for children in informal care. 185-206. 10.46692/9781447336709.010.
4. Shang X., Fisher K.R., 2019, ‘Everything for the Children: Orphans Growing up in Informal Adoptive Families in China’, Journal of Social Service Research, 45. – Pp. 166-180. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1080/01488376.2018.1479674.
5. Shang X., Katz I. 2015, ‘Awareness of Child Maltreatment among Professionals in Shanghai’, Asian Social Work and Policy Review, 9. – Pp. 245-256. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1111/aswp.12062.
6. China’s Family Education Promotion Law. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (date of access: 10/22/2023).
7. China’s Law on the Protection of Minors. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (accessed 10/22/2023).
8. Seven children killed in Henan orphanage fire. – [Electronic resource]. – Access mode: https://www.scmp.com/news/china/article/1119738/seven-children-killed-henan-orphanage-fire (accessed: 10/22/2023).
9. The Orphans of China’s Economic Miracle. – [Electronic resource]. – Access mode: https://www.nytimes.com/2018/03/27/opinion/china-left-behind-children.html (accessed 10/22/2023).
10. MCA, Ministry of Public Security, Ministry of Justice, Ministry of Health, National Commission of Population and Family Planning. Notice on addressing issues concerning informal adoption of children by Chinese cityzens. – [Electronic resource]. – Access mode: http://www.gov.cn/zwgk/2008-09/22/content_1102097.htm. (date of access: 10/22/2023).
CIVIL LAW
DULAEVA Zarina Soslanovna
postgraduate student of 3 years of study of the K. L. Khetagurov North Ossetian State University
PROSPECTS FOR THE DEVELOPMENT OF PROPRIETARY (POSSESSORY) PROTECTION IN THE CIVIL LAW OF THE RUSSIAN FEDERATION AND HER ROLE
This article examines the perspectives on the development of possessor protection in Russian civil law and its role. The article addresses a number of questions regarding the prospects for the development of possessor protection. The relevance of introducing provisions on possessor protection in the Civil Code of the Russian Federation is justified, and an analysis of the shortcomings of the Draft Civil Code in the field of possessor protection is conducted, which may lead to the improper functioning of such protection mechanism . The article emphasizes that providing adequate protection of ownership is a fundamental aspect of justice and establishing a balance of interests between owners and third parties, and the creation of effective protection mechanisms will help guarantee the rights of owners and prevent unwarranted challenges to their ownership.
Keywords: possessor protection, protection against self-help, vindication claim, negative claim, possessor claim. acquired subscription, titles, non-title defeat.
Bibliographic list of articles
1. Butina V.V. Possessory (possessory) protection in the current civil legislation of Russia // In the collection: Achievements of university science 2018. collection of articles of the International scientific and practical competition: in 3 hours – 2018. -pp. 264-266.
2. Radchenko N. A. Correlation of possessory (possessory) protection and vindication // Young scientist. – 2020. – No. 25 (315). – pp. 290-292.
3. Seleznev A. B. Possessory (possessory) protection of title rights of real estate owners // In the collection: Law. Society. Human. Current issues in the theory and practice of law. Collection of scientific articles. Edited by O. V. Arkhipova, A. I. Klimin. – St. Petersburg, 2020. – pp. 46-51.
4. Tamliani D. M. Controversial issues of introducing possessory protection in Russia // Alley of Science. – 2022. – T. 1. No. 9 (72). – pp. 632-638.
5. Fomenko M. A. About owner protection in the draft amendments to the Civil Code of the Russian Federation // In the collection: Innovations in science and practice. Collection of articles based on the materials of the XI International Scientific and Practical Conference. In 3 parts. Executive editor Khalikov A. R., 2018. – pp. 248-252.
CIVIL LAW
MOKSHIN Sergey Igorevich
postgraduate student of Civil law and process sub-faculty of the Volga Region Institute of Management – branch of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
THE OBJECT OF CIVIL PROTECTION AND THE SUBJECT OF PROOF IN CASES OF DISPUTE RESOLUTION ARISING FROM THE SURROGACY AGREEMENT
The article examines the characteristic features of the object of civil protection in cases related to surrogacy, the subject of proof in this category of civil cases. The author, taking into account the analysis of general theoretical provisions regarding these categories, formulated the subject of evidence in cases considered in the order of claim and special proceedings.
Keywords: object of civil protection, subject of proof, surrogacy, surrogacy agreement, proof.
Bibliographic list of articles
1. Arkhipov I.V. Life as an object of civil legal protection // Legal science. – 2020. – No. 12. – P. 7-11.
2. Arkhipov I.V. Objects of civil rights and objects of protection // Issues of Russian and international law. – 2017. – Volume 7. – No. 5A. – pp. 110-120.
3. Lebedev M. Yu. Civil process: a textbook for universities. 13th ed., revised. and additional – M.: Yurayt Publishing House, 2023. – 438 p.
4. Sergun A.K. Soviet civil procedural law. Textbook allowance. – M.: [b.i.], 1960. – 127 p.
CIVIL LAW
TOKAREV Alexander Maksimovich
bachelor student in the direction of training 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
PROBLEMS ASSOCIATED WITH THE CONTRACT OF RETAIL SALE ON THE INTERNET
The article considers the main aspects of the contract of retail sale on the Internet and the problems faced by the parties in its conclusion and execution. Particular attention is paid to the problem of fraud in online commerce, as well as logistical difficulties and technical errors arising in the implementation of e-commerce. The article also examines the regulations governing online retail sales and provides examples from court practice. In conclusion, the author notes the positive impact of online commerce on the economy and suggests further research in this area.
Keywords: Internet trade, purchase and sale, electronic contract, electronic commerce.
Bibliographic list of articles
1. Belskaya A. A. Specifics of the legal nature of the remote method of purchase and sale // Vestnik RUK. – 2018. – No. 2 (32). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-pravovoi-prirody-distantsionnogo-sposoba-kupli-prodazhi (access date: 11/06/2023).
2. Murzina D. O., Stekacheva E. S. ELECTRONIC COMMERCE ON THE INTERNET // Forum of young scientists. – 2017. – No. 12 (16). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/elektronnaya-torgovlya-v-internete (date of access: 06.11.2023).
3. Senchenko E. V. Analysis of the electronic trade market in Russia // Strategy for sustainable development of Russian regions. – 2015. – No. 28. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-rynka-elektronnoy-torgovli-v-rossii (date of access: 11/06/2023).
CIVIL LAW
CHEREMISINA Kristina Maksimovna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
student of the Far Eastern Federal University, Vladivostok
PUCHKIN Dmitry Konstantinovich
master’s degree, Far Eastern Federal University
YUDINA Darya Vitaljevna
student of the Far Eastern Federal University, Vladivostok
ZHURMAN Yulia Vladimirovna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF OPINIONS ON IMMIGRATION IN A COMPARATIVE PERSPECTIVE: AN ANALYSIS OF THE OPINIONS OF CITIZENS IN DIFFERENT COUNTRIES
The scientific article explores the dynamics of citizens’ opinions about immigration in various countries. Using the dyadic relations algorithm and analyzing data on public opinion, we strive to identify changes in attitudes towards immigration and immigrants in time and space. The results obtained allow us to understand how immigration policy affects the opinions of citizens and how these opinions evolve in different countries.
Keywords: citizens’ opinions, immigration, immigrants, opinion dynamics, algorithm of dadic relations, immigration policy, social changes, public support, public opposition, country analysis.
Bibliographic list of articles
1. Cinalli M., & Van Hauwaert S. M. Contentious politics and congruence across policy and public spheres: The case of Muslims in France // Ethnic and Racial Studies. – 2021. – No. 44 (14). – R. 2532-2550.
2. Bartle J., Dellepiane-Avellaneda S., & Stimson J. A. The moving center: Preferences for government activity in Britain, 1950-2005 // British Journal of Political Science. – 2011. – No. 41 (2). – R. 259-285. https://doi.org/10.1017/S0007123410000463.
3. Bartle J., Bosch A., & Oriolls L. The political mood in Spain: The thermostat in a warm climate, 1978-2017 // European Political Science Review. – 2020. – No. 12 (2). – R. 133-153. https://doi.org/10.1017/S175577392000003X.
4. Bølstad J. Dynamics of European integration: Public opinion in the core and periphery // European Union Politics. – No. 2015. – No. 16 (1). – No. 23-44. https://doi.org/10.1177/1465116514551303.
5. Brooks C., & Manza J. Why do welfare states persist? // The Journal of Politics. – 2006. – No. 68 (4). – R. 816-827. https://doi.org/10.1111/j.1468-2508.2006.00472.x.
6. Brooks C., & Manza J. Why welfare states persist: The importance of public opinion in democracies. – University of Chicago Press, 2008.
7. Allan J. P., & Scruggs L. Political partisanship and welfare state reform in advanced industrial societies // American Journal of Political Science. – 2004. – No. 48 (3). – R. 496-512. https://doi.org/10.1111/j.0092-5853.2004.00083.x.
8. Anderson, B., Böhmelt T., & Ward H. Public opinion and environmental policy output: A cross-national analysis of energy policies in Europe // Environmental Research Letters. – 2017. – No. 12 (11). – R. 114011. https://doi.org/10.1088/1748-9326/aa8f80.
9. Arceneaux K. Direct democracy and the link between public opinion and state abortion policy // State Politics & Policy Quarterly. – 2002. – No. 2 (4). – R. 372-387. https://doi.org/10.1177/153244000200200403.
10. Arzheimer K. Contextual factors and the extreme right vote in Western Europe, 1980-2002 // American Journal of Political Science. – 2009. – No. 53 (2). – R. 259-275. https://doi.org/10.1111/j.1540-5907.2009.00369.x.
CIVIL LAW
SHUBNY Vladislav Sergeevich
postgraduate student of the 2nd course of Civil law sub-faculty of the Saratov State Law Academy
MANAGEMENT OF AN APARTMENT BUILDING: PROBLEMS OF DETERMINING THE PRICE IN THE CONTRACT AND PROSPECTS FOR IMPROVING HOUSING LEGISLATION
Background: The paper identifies some problems of setting the price of an apartment building management contract. The issue of combining the principles of public and private law in the housing sector is highlighted. The author suggests specific ways to improve the implementation of the rights of owners of an apartment building.
The purpose of the study is to develop proposals for solving practical and theoretical problems related to setting the price of a contract for managing the common property of an apartment building in the Russian Federation.
Methodological basis of the research: a set of methods of scientific cognition is used, such as: formal legal method, dialectical method, comparative analysis method, etc.
Research results: some ways of improving legislation in the field of management of common property in the MCD have been identified.
Conclusions: at the legislative level, it is necessary to regulate in more detail the procedure for setting the price of the contract for the management of the common property of an apartment building with a combination of the principles of public and private law.
Keywords: civil law, housing law, common property, apartment building.
Bibliographic list of articles
1. Grinkova N.V. Prospects for improving legislation on multi-apartment managementand houses // Problems of civil law. – 2014. – No. 1.
2. Borzenkova T. A. Legal formalization of management of apartment buildings // Laws of Russia: experience, analysis, practice. – 2006. – No. 9. – P. 21-26.
3. Vitryansky V. Essential terms of the contract // Economy and Law. – 1998. – No. 7. – P. 3-12.
CIVIL PROCEDURE
AYRAPETYAN Gurgen Vazgenovich
postgraduate student of the 2nd year of study of the Faculty of Law of St. Petersburg State University
REFUSAL TO APPLY THE STATUTE OF LIMITATIONS AS A SANCTION FOR ABUSE OF RIGHT
In the article the institution of statute of limitations is investigated not from the point of view of the procedure for calculating the terms, but in the plane of its legal content and correlation with the institution of abuse of right. There is a need to answer the question whether the court can or have to refuse to apply the statute of limitations (hereinafter referred to as “SID”) to the defendant in case of abuse of his right. The article analyzes the judicial practice on the refusal by the court to apply SID at the request of the defendant as a sanction for abuse of right.
Keywords: statute of limitations (SID), missed deadline, objection, abuse of right, unfair behavior, judicial protection.
Bibliographic list of articles
1. Engelman I.E. On prescription under Russian civil law. St. Petersburg, 1901. pp. 1-2.
2. Grimm D. D. Lectures on the dogma of Roman law: textbook / Ed. V. A. Tomsinova. M.: Publishing house “Zertsalo”, 2003. 497 p. – (series “Russian Legal Heritage”).
3. Basic provisions of civil law: article-by-article commentary to articles 1–16.1 of the Civil Code of the Russian Federation [Electronic edition. Edition 1.0] / A. V. Asoskov, V. V. Baybak, R. S. Bevzenko [etc.]; resp. ed. A. G. Karapetov. M.: M-Logos, 2020. P. 867 (Comments on civil legislation).
4. Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation.” Access date 05/10/2023. [Electronic resource] – Access mode: http://www.consultant.ru
5. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 22, 2011 No. 17912/09 in case No. A54-5153/2008, Resolution of the Arbitration Court of the North Caucasus District dated November 7, 2006 In. F08-5243/06 in case No. A63-420/2005-C2, Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated January 26, 2016 in case No. 301-ES15-5443, Determination of the Supreme Court of the Russian Federation dated August 1, 2016 No. 203-PEK16 , Resolution of the Arbitration Court of the North-Western District dated November 23, 2018 in case No. A56-40228/2014., Resolution of the Arbitration Court of the Volga District dated December 25, 2019 in case No. A49-6629/2012. Access date 05/10/2023. [Electronic resource] – Access mode: http://kad.arbitr.ru/
CIVIL PROCEDURE
BELYASOV Sergey Nikolaevish
Ph.D. in Law, associate professor of Public law sub-faculty of the State Humanitarian and Technology University
PIROGOV Vladimir Petrovich
senior lecturer of Legal disciplines sub-faculty of the State Humanitarian and Technology University
OBSERVANCE OF THE PROCEDURAL PERIOD AS A GUARANTEE OF THE RIGHT OF CITIZENS TO A FAIR TRIAL
The article examines the institution of “reasonable time in civil proceedings”. The article concludes that there is no concept of a basic concept in the legislation – “a reasonable period of legal proceedings”. This is due to the fact that this legal institution has a special legal nature, which is due to its intersectoral nature, and, therefore, in order to overcome violations of reasonable deadlines for legal proceedings and procedural deadlines for judicial proceedings, it is necessary to develop an integrated approach that includes eliminating not only the judicial reasons for the duration.
Keywords: Civil procedure, European Court of Human Rights, European Convention, judicial proceedings, justice.
Bibliographic list of articles
1. Gadzhiev Kh. I. Fair trial as a guarantee of trust in justice: new rights of the parties // Russian Yearbook of the European Convention on Human Rights / T. K. Andreeva, E. E. Baglaeva, G. E. Besedin et al. M.: Development of legal systems, 2019. Vol. 5: Russia and the European Convention on Human Rights: 20 years together. 576 pp.
CIVIL PROCEDURE
NAYDENOV Kirill Dmitrievich
student of the Far Eastern Federal University, Vladivostok
SIKACH Artem Sergeevich
student of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Far Eastern Federal University, Vladivostok
PROSPECTS FOR DETERMINING THE JURISDICTION OF CIVIL CASES INVOLVING JURORS IN THE RUSSIAN FEDERATION
In the presented article, the authors propose to legislatively establish a list of civil cases that may be subject to jurors from the point of view of the legal nature of the material legal relations indicated in this work and the requirements of reasonableness and expediency . This paper reflects the idea of the consistent introduction of the institution of judicial proceedings with the participation of jurors in civil proceedings in a number of cases that are mainly of a property nature and fall within the scope of a number of branches of law (civil, land, labor, family, environmental, etc.). The authors express the position according to which the Civil Procedure Code of the Russian Federation and other federal laws are subject to the inclusion of norms providing for the participation of jurors in cases that are not particularly difficult, namely in disputes related to the establishment of facts significant for a particular legal relationship and with the definition of sanctions, including the amount of monetary compensation collected from the defendant.
Keywords: jurors, foreign countries, the Anglo–Saxon system, the Civil Procedure Code of the Russian Federation, material legal relations, the category of cases of a number of branches of law, the jurisdiction of jury cases, the Criminal Procedure Code of the Russian Federation.
Bibliographic list of articles
1. Grand and Clarendon Assizes. [Electronic resource]. – Access mode: https://vostlit.narod.ru/Texts/Dokumenty/Engl/XII/GenrichII/Assizy/text.htm
2. It is proposed to introduce juries into civil trials. [Electronic resource]. – Access mode: https://rg.ru/2020/03/05/predlozheno-vvesti-prisiazhnyh-v-grazhdanskie-processy.html
3. Sharifullin R. A., Gurina D. E. Experience and prerequisites for introducing jurors into civil proceedings // Arbitration and civil process. 2020. No. 7. P. 56-60.
4. Superior Courts Act, 1981 [Electronic resource]. – Access mode: https://www.legislation.gov.uk/ukpga/1981/54/contents
5. County Courts Act, 1984 [Electronic resource]. – Access mode: https://www.legislation.gov.uk/ukpga/1984/28
6. Mikhailov A. M. Comparative law: judicial power in the legal system of England: a textbook for universities. 2nd ed. M.: 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).
7. Courts Act, 1990 [Electronic resource]. – Access mode: https://qweri.lexum.com/w/onlegis/rso-1990-c-c43-en#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQBy AYRW1SYAEbRS2ONWpA
8. Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998). [Electronic resource]. – Access mode: https://www.wipo.int/wipolex/ru/judgments/details/854
9. New York State Code. [Electronic resource]. – Access mode: https://codes.findlaw.com/ny/
10. Harris W.R. Jury Trial in Civil Cases – A Problem in Constitutional Interpretation // Southwestern Law Journal. 1953. Vol. 7.Is. 1. [Electronic resource]. – Access mode: https://scholar.smu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=4516&context=smulr
11. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ // SPS “ConsultantPlus”
12. Family Code of the Russian Federation dated December 29, 1995 No. 223-FZ // SPS “ConsultantPlus”
13. Naydenov K. D., Chernyshov N. V., Ruban P. O. On the issue of the consequences of limiting the executive immunity of a citizen-debtor // Questions of Russian and international law. 2022. Volume 12. No. 9A. pp. 309-317. DOI: 10.34670/AR.2022.43.15.041
14. Methods of fictitious staff reduction as a form of abuse of rights by the employer. [Electronic resource]. – Access mode: https://conf.siblu.ru/sposoby-fiktivnogo-sokrashcheniya-shtata-rabotnikov-kak-forma-zloupotrebleniya-pravom-rabotodatelem
FAMILY LAW
DENISOVA Yuliya Vladimirovna
postgraduate student of Jurisprudence sub-faculty of the University of Management “TISBI”
MANDATORY MEDIATION IN FAMILY DISPUTES
The article is devoted to the study of the causes of the destruction of marital relations, finding a way or ways to resolve marital relations after increasing conflicts, as well as the answer to the question: is it possible to resolve a family conflict through mediation? The article considers the nomination of a proposal to supplement the candidacy of a mediator of claims, in case of resolution of family conflicts, as well as a proposal to create a crisis center to solve family problems that arise at the initial stage.
Keywords: mediation, disputes, dispute and conflict resolution, crisis center, “mediators”, family, children, psychology, jurisprudence.
Bibliographic list of articles
1. Arkhipkina A. S. Institute of mediation in modern law // Siberian Legal Bulletin. – 2011. – No. 1. – P. 167.
2. Kupriyanchuk E. V. Psychological essence of mediation as a special type of modern communicative practices // Integration of science and practice as a mechanism for the development of modern society. – Saratov: Saratov Source, 2013. – P. 149-159.
3. Kostina O. V., Ovsyanikova E. A., Dolzhenko N. I., Savelyeva I. V. Family mediation as one of the leading directions of state family policy // Science and education: economy and economics; entrepreneurship; law and management. – 2014. – No. 10 (53). – pp. 42-46.
4. Melnichenko R. G. Mediation technologies for resolving family conflicts // Procedural law. – 2018. – Vol. 17. – No. 1. – P. 135-141.
5. Nigmatullina T. A., Ternovaya L. O. Political mediation: textbook. – Ufa: Publishing House of the Bashkir Institute of Social Technologies (branch) of the Educational Institution of Trade Unions of Higher Education “Academy of Labor and Social Relations”, 2016. – 370 pp.
6. Tarasova L. E. Social ideas about well-being in the dialogue of civilizations // Bulletin of the Udmurt University. Series Philosophy. Psychology. Pedagogy. – 2016. – T. 26. – No. 4. – P. 100-106.
7. Arbitration proceedings in the Russian Federation: textbook / Ed. O. Yu. Skvortsova – M.: Walter Kluvers Publishing House, 2010.
8. Shamionov R. M., Grigorieva M. V. Psychology of subjective well-being and social adaptation of the individual. – Saratov: Publishing house: Saratov University, 2014. – 196 p.
LABOR LAW
SARANKINA Yuliya Alexandrovna
Deputy Head of State and civil law disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
LABOR MIGRATION: GENERAL CHARACTERISTICS AND CURRENT TRENDS
The article is dedicated to a comprehensive analysis of the migration institute. The article examines in detail the content of this institution, defines the essence of emigration, immigration, the content of the concept of “refugee”, based on the analysis of statistical data, conclusions are drawn about the current state of migration processes in the Russian Federation, including those occurring in the labor market, analyzes the importance of labor migration processes for the socio-economic development of the host country.
Keywords: labor migrant, migration, labor migration, labor market.
Bibliographic list of articles
1. Tolametova Z. A., Khoshimov P. Z. Features of international labor migration // Economics and finance (Uzbekistan). – 2019. – No. 3 (123). – pp. 37-40.
2. Sheveleva N.P. The influence of international labor migration on the socio-economic development of the host country // Society: sociology, psychology, pedagogy. – 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-mezhdunarodnoy-trudovoy-migratsii-na-sotsialno-ekonomicheskoe-razvitie-prinimayuschey-strany/viewer.
FINANCIAL LAW
ASHURLAEVA Nazhuan Magomedkhanovna
student of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of the Dagestan State University, Makhachkala
THE MAIN PROBLEMS AND EFFECTIVENESS OF EXCISE TAXATION
This article discusses problematic issues and the effectiveness of excise taxation in the Russian Federation. Special attention is paid to resolving issues related to control over the payment of excise taxes, issues of introducing changes to the regulatory framework of excise taxation, their consequences and prospects for development. The conclusion is made about the need to digitalize excise taxes in the framework of solving urgent problems.
Keywords: tax, excise tax, excise taxation, digitalization, control.
Bibliographic list of articles
1. Aguzarova F. S., Gurieva S. A. Excise taxation: problems and ways to solve them // Scientific News. – 2018. – No. 12. – P. 86.
2. Kosov M. E., Chalova A. Yu., Akhmadeev R. G., Golubtsova E. V. Federal budget and budgetary taxState policy: macroeconomic adaptation until 2025 // Financial journal. – 2023. – T. 15. – No. 2. – P. 8–26. – [Electronic resource]. – Access mode: https://doi.org/10.31107/2075-1990-2023-2-8-26.
3. Naydenova T. A., Novokshonova E. N. Tax culture as a necessary condition for ensuring the fullness of budgets // Bulletin of the Buryat State University. Economics and management. – 2022. – No. 1. – P. 34-45.
FINANCIAL LAW
GOROKHOVA Arina Olegovna
master of the Financial University under the Government of the Russian Federation
CRIME IN THE INSURANCE INDUSTRY: DEVELOPMENT TRENDS
Crime in the insurance sector is one of the significant threats to the normal functioning of the economy, as it affects the interests of the state, society and business entities. In recent years, Russia has maintained a high proportion of economic crime, one of the varieties of which is crime in the insurance sector. To date, crime in the insurance industry is identified by researchers and practitioners with the components of fraud. The author analyzes the provisions of the current legislation, statistics and law enforcement practice regarding the issues of crime in the insurance sector. The main causes of crime and methods of counteraction are considered. Conclusions are drawn based on the results of the study.
Keywords: crime, fraud, economic crime, insurance, insurance fraud, determinants of crime, crime prevention.
Bibliographic list of articles
1. Borovskikh R. N. Crimes in the insurance business as a type of crime and detection in the insurance sector: problems of detection // Legal science and law enforcement practice. – 2013. – No. 4 (26). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prestupleniya-v-sfere-strahovogo-biznesa-kak-vid-prestupleniy-i-raskrytiya-v-sfere-strahovaniya-problemy-vyyavleniya (access date: 07.05 .2023).
2. Kinzyagulov A.F. Features of fraud in the insurance sector // Pen of Science. – 2020. – No. 24. – P. 14-17.
3. Kuzko E. S. Reasons for individuals committing fraud in the insurance industry // The future is ours: the view of young scientists on the innovative development of society: a collection of scientific articles of the 2nd All-Russian Youth Scientific Conference, Kursk, June 04, 2021. Volume 3. – Kursk: Southwestern State University, 2021. – P. 47-51.
4. Chumachenko A. N. Crime in the insurance sector // Current problems in the development of the financial and credit system of Ukraine: Materials of another All-Ukrainian scientific conference of students and young adults, Donetsk, April 09-10, 2009. – Donetsk: Donetsk National Technical University, 2009. – P. 171-172.
FINANCIAL LAW
MUTUEV Akhmed Ibragimovich
magister student of the 2nd course of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, of associate professor of Administrative, financial and customs law sub-faculty of the Dagestan State University, Makhachkala
PRACTICE OF TAX DISPUTES IN THE RF AND FOREIGN COUNTRIES
This article represents a unique analysis of the experience of foreign countries in the field of challenging decisions of tax authorities, focusing on the procedures for resolving tax disputes and the actions (or inactions) of tax authorities. As a result of the research conducted, differences between foreign and Russian tax legislation have also been identified. This adds originality and uniqueness to this article, making it not only informative but also relevant for specialists in the field of tax law.
Keywords: tax dispute, tax authority, legislation, appeal, taxpayer, court decision, dispute settlement.
Bibliographic list of articles
1. “Tax Code of the Russian Federation (Part One)” dated July 31, 1998 No. 146-FZ (as amended on August 4, 2023) (with amendments and additions, entered into force from October 1, 2023).
2. “Tax Code of the Russian Federation (Part Two)” dated 08/05/2000 No. 117-FZ (as amended on 11/27/2023).
3. “Arbitration Procedural Code of the Russian Federation” dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023, as amended on June 22, 2023) [Electronic resource]. – Access mode: https://legalacts.ru/kodeks/APK-RF/
4. Korzun S. Yu. “Protection of taxpayers’ rights in foreign countries” // Administrative and municipal law. – Moscow, 2022. – No. 12.
5. Orakhelashvili D. B. “The concept of tax disputes and certain areas of their resolution in the Russian Federation.” Candidate of Legal Sciences. – Moscow, 2019.
6. Taxation disputes/Pravogroup Legal Center. [Electronic resourceWith]. – Access mode: http://pravogroup.ru.
FINANCIAL LAW
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University
KESOV Georgy Pavlovich
student of the I. T. Trubilin Kuban State Agrarian University
GABRIELYAN Stepan Samvelovich
student of the I. T. Trubilin Kuban State Agrarian University
LEGAL REGULATION OF AUDIT SECRECY
The article discusses the issue of legal regulation of audit secrecy in the Russian Federation. Audit secrecy includes information obtained by an auditor or an audit organization in the course of its professional activities. Legal regulation of audit secrecy is carried out on the basis of financial, civil and other branches of domestic legislation. The article raises issues of contradiction between financial legislation on the regulation of audit secrecy and other norms of the legislation of the Russian Federation
Keywords: audit secrecy, auditing activities, the institution of secrecy, financial legislation, legal regulation.
Bibliographic list of articles
1. Federal Law of the Russian Federation “On Auditing Activities” dated December 30, 2008 No. 307-FZ (as amended on July 24, 2023) // Russian newspaper. – 2008. – No. 267.
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ // Russian newspaper. – 1994. – No. 238-239.
3. Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ (as amended on October 19, 2023) // Russian newspaper. – 2001. – No. 256.
4. Tax Code of the Russian Federation (part one) dated July 31, 1998 No. 146-FZ (as amended on August 4, 2023) // Russian newspaper. – 1998. – No. 148-149.
5. Zadorozhnaya K. A. Features of compliance with audit rules (standards) in the Russian Federation // Polimatis. – 2018. – No. 9. – P. 25-34.
6. Arkhireeva A. S., Sheudzhen A. A. The role of audit as an auxiliary instrument in the legal regulation of economic activity of enterprises in a regulated market // Epomen. – 2019. – No. 23. – P. 38-44.
7. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
8. Yakimenko K. S., Arkhireeva A. S., Ochakovsky V. A. Auditor’s secret: legal regime // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 223-225.
9. Kurochkina E. V., Ochakovsky V. A. Features of legal regulation of liability for non-compliance with audit confidentiality // Polimatis. – 2018. – No. 9. – P. 55-60.
10. Krutova Ya. A., Ochakovsky V. A., Korytina T. E. Tax secrets and its support // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (41). – pp. 122-126.
11. Saakyan M. A., Arkhireeva A. S. Tax secret and features of its implementation // Humanitarian, socio-economic and social sciences. – 2019. – No. 2. – P. 117-120.
12. Arkhireeva A. S., Strukova T. A. Audit report as a result of an audit // Epomen. – 2019. – No. 24. – P. 25-30.
FINANCIAL LAW
PONOMAREV Oleg Vladimirovich
senior lecturer of Competition and business law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
SCOBILEVA Irina Vyacheslavovna
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
MAKHONIN Danila Dmitrievich
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
BAVIN Dmitriy Evgenjevich
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
PARTICIPATION OF CITIZENS IN THE BUDGET PROCESS AS A FACTOR OF INCREASING THE EFFICIENCY OF DISTRIBUTION AND UTILIZATION OF BUDGETARY FUNDS
The article raises the issue of the possibility of citizens participating in the budget process. Foreign experience of “popular” budgeting is given. The advantages and disadvantages of the forms of participation of citizens in the formation of priorities for the distribution of budget funds operating in the Russian Federation were considered. An analysis of the current legislation is provided. Vectors of possible development of programs aimed at involving citizens in the budget process are proposed.
Keywords: budget process, the principle of citizen participation in the budget process, people’s budgeting, initiative budgeting, participatory budgeting, People’s Budget, Local Initiatives Support Program.
Bibliographic list of articles
1. “Budget Code of the Russian Federation” dated July 31, 1998 No. 145-FZ (as amended on November 2, 2023).
2. Blinova E. A., Participatory budgeting and state controllability in Brazil // Man. Community. Control. – 2016. – T. 17. – No. 4. – P.31-44.
3. Boltinova O. V., The principle of citizen participation in the budget process // Current problems of Russian law. – 2023. – T. 18. – No. 7 (152). – pp. 54-61.
4. Mironova S. M., “People’s budget” as a form of participation of citizens in the financial activities of the state and municipalities // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. Constitutional and administrative law. – 2016. – pp. 25-30.
5. Answer. ed. Zapolsky S.V., Financial law: a textbook for academic undergraduates / 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2015. Series: Bachelor. Academic course. – pp. 200-211.
6. Tass: article “In Primorye, as part of the “People’s Budget” campaign, a park will be built and windows in schools will be replaced” dated 07/02/2020. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/8868035 (date of access: 10/27/2023).
FINANCIAL LAW
POSPELOVA Svetlana Valerjevna
Ph.D. in medical sciences, associate professor, professor of Public Law sub-faculty of the Faculty of Extrabudgetary Education of the Perm Institute of the FPS of Russia
DOLGINOV Ilya Sergeevich
senior lecturer of Civil law disciplines sub-faculty of the Perm Institute of the FPS of Russia
LEGAL ASPECTS OF OPTIMIZATION OF TAXATION OF ENTERPRISES
The article discusses the issues of optimizing the taxation of an enterprise as a way to reduce tax costs and improve its financial condition due to this. The objectives, types, principles, as well as the essence of tax optimization through the prism of its inherent features are disclosed. Special attention is paid to the principles and individual methods of tax optimization, which are considered in the activities of enterprises at the present stage.
Keywords: optimization, taxation, taxes, tax burden, enterprise.
Bibliographic list of articles
1. Potorochin P. S. Determination of the tax burden and the essence of its optimization // Bulletin of Science. – 2020. – T. 2. No. 1 (22). – P. 152.
2. Tolmacheva O. I. Methodological aspects of assessing the tax burden and the use of tax accounting data in determining the tax burden of an organization // Bulletin of Science and Education. – 2019. – No. 1-1 (55). – P. 53.
3. Taxes and taxation: textbook and workshop / D. G. Chernik [et al.]; edited by D. G. Chernik, Yu. D. Shmelev. – M.: Yurayt Publishing House, 2021. – P. 359.
4. Kartecheva E. V. A fine line between tax optimization and tax evasion // Infrastructural branches of the economy: problems and development prospects. – 2018. – No. 14. – P. 117.
5. Nazarova N. A. Tax burden: principles and effective ways of optimization // Economics and management: problems, solutions. – 2021. – T. 2. No. 2 (110). – P. 140.
6. Savinova O. V. Tax optimization: principles and methods // In the collection: Best student article 2019 collection of articles of the XXV International Research Competition: in 2 hours – 2019. – P. 42.
7. Vilkova E. S. Tax planning. Theory and practice: textbook. – M.: Yurayt Publishing House, 2019. – P. 226.
8. Kugasova A. N. Methods for optimization of taxation // In the collection: Fundamental applied science: state and development trends. Collection of articles of the IX International Scientific and Practical Conference. Petrozavodsk, 2021. – P. 63.
FINANCIAL LAW
YUDIN Ivan Petrovich
senior lecturer of Legal disciplines sub-faculty of the State University of Humanities and Technology, postgraduate student of the Law Faculty of the A. S. Griboyedov Moscow University
SHCHERBININA Irina Vasiljevna
Ph.D. in Law, associate professor of Legal disciplines sub-faculty of the State University of Humanities and Technology
ACTIVITIES OF THE BANK OF RUSSIA AS AN ENTITY WITH PUBLIC FINANCIAL POWERS AND A QUALIFIED INVESTOR IN THE FINANCIAL MARKET
The article examines the activities of the Bank of Russia as a specific subject of private and public law relations through the prism of its regulatory function in the financial market.
Keywords: Bank of Russia, monetary policy, qualified investor, business turnover, financial instrument, securities.
Bibliographic list of articles
1. Byrda N. A., Zakharova T. I. State support of the financial sector // Innovations and investmentstition. – 2023. – No. 4. – P. 208-212.
2. Garyshinova A. R. The influence of economic sanctions on the monetary policy of the Central Bank of the Russian Federation. – Text: immediate // Young scientist. – 2022. – No. 22 (417). – pp. 158-161. [Electronic resource]. – Access mode: https://moluch.ru/archive/417/92350/ (access date: 11/07/2023).
3. Eremina O.I. et al. The influence of monetary policy on investment activity in Russia // Bulletin of the Altai Academy of Economics and Law. – 2022. – No. 10 (3). – pp. 410-415
4. Krokhina Yu. A. Financial law of Russia: textbook. – 6th ed., revised. – Moscow: Norma: INFRA-M, 2021. – 504 p.
5. Rozhdestvenskaya T. E., Guznov A. G. Banking law. Public legal regulation: textbook and workshop for universities. – 2nd ed., revised. and additional – Moscow: Yurayt Publishing House, 2020. – 222 p.
BUSINESS LAW
GORSHKOV Dmitriy Alexandrovich
General Director of “Gorshkov and Partners” Law Firm, competitor of Business law sub-faculty of the Russian State Humanitarian University
EVOLUTION OF THE LEGAL REGULATION OF THE PLEDGE MANAGEMENT AGREEMENT
The paper examines the stages of the formation of the institution of pledge management in Russian civil law, outlines the positions of scientists on the features of this type of contract, its impact on the stability of civil turnover, as well as defects in legislative consolidation. The experience of foreign law and order concerning the normative consolidation of the practice of using this institution is considered.
Keywords: collateral management, related contracts, contractual structures, syndicated lending, bank lending.
Bibliographic list of articles
1. Makovsky A.L. Own experience – dear school // Current problems of private law: collection. Art. to the anniversary of P. V. Krasheninnikov (Moscow – Ekaterinburg, June 21, 2014) / Ed. V.V. Vitryansky, S.Yu. Golovina, B.M. Gongalo and others – M., 2014. – P. 127.
2. Matsuev A. I., Miller K. S. Some practical problems of using a collateral management agreement // Banking Law. – 2020. – No. 2. – P. 75-79 @@ Matsuev A. I., Miller K. S. Some practical problems of using a collateral management agreement // Banking Law. – No. 3. – P. 28-32.
3. Pevzner A. A. Novels of civil law regulation of the plurality of mortgagees // Law and Management. XXI Century. – 2016. – No. 2 (39). – P. 118.
4. Emelkina I. A. Problems of the relationship between property rights and the construction of “management of someone else’s property” // Civil law. – 2021. – No. 6. – P. 12.
5. Gongalo B. M. Development of codification of legislation on pledge: transformation of concepts // Codification of Russian private law 2019 / V. V. Vitryansky, S. Yu. Golovina, B. M. Gongalo et al.; edited by D. A. Medvedeva. – M.: Statute, 2019. – 492 p.
6. Reforming civil legislation: general provisions on transactions, obligations and contracts / I. Z. Ayusheeva, I. S. Bogdanova, E. S. Boltanova and others; resp. ed. V.V. Dolinskaya. – Moscow: Prospekt, 2018. – 192 p. (author of the chapter – V.V. Dolinskaya).
7. Stepanov D.I. Draft Civil Code: from Soviet-style paternalism to true private law // Law. – 2012. – No. 5. – P. 97-110.
8. Fogel V. A., Schmidt S. G. Management of methods for ensuring the fulfillment of obligations in Germany in connection with the conclusion of a syndicated loan agreement // Law. – 2012. – No. 2. – P. 161-171.
9. Gravin D.I. Syndicated lending in Russian and English law // Journal of Russian Law. – 2013. – No. 12. – P. 100-109.
10. Gregory Jon. Counterparty credit risk. ISBN 978-0-470-68576-1. – P. 59.
11. Kirpichev A. E. Category of interrelated agreements in Russian and European law // Civil law. – 2014. – No. 2. – P. 40-43.
12. Wery P. Droit des obligations: developpements recents et pistes nouvelles, Formation permanente C.U.P. – Vol. 96, Anthemis. – 2007. – P. 10.
13. Deshayes M. Interdependance contractuelle: la Cour de cassation tranche pour une definition objective de la notion // Option Finance. – 2013. – No. 1225.
14. Model rules of European private law / Transl. from English; Scientific ed. N. Yu. Rasskazova. – M.: Statute, 2013. – 989 p.
15. Karapetov A. G. Suspension of fulfillment of an obligation as a way to protect the rights of the creditor. – M.: Statute, 2011. – 239 p.
16. Antimonov B. S. Grounds for contractual responsibility of socialist organizations. – M.: Legal literature, 1962. – P. 139 @@ Klein N. I. Organization of contractual and economic relations. – M., 1976. – P. 3.
17. Shirvindt A. M. Restriction of freedom of contract in order to protect consumer rights in Russian and European private law // Bulletin of Civil Law. – 2013. – No. 1. – P. 5-51.
18. Gabov A. V. Interested party transactions in the practice of joint stock companiesstv: problems of legal regulation. – M.: Statute, 2005. – 412 p.
19. Morozov S. Yu. System of transport organizational agreements. – M.: Norma, 2011. – 352 p.
20. Ivanov O. M. Legal regulation of the cost of consumer credit: dis. …cand. legal Sci. – M., 2013. – P. 38.
21. Gunin A.V. Sublease agreement in Russian civil law: general provisions // Civil law. – 2011. – No. 2. – P. 30-33.
22. Kovrov N. N. Contractual relations in subcontracting relations // Lawyer. – 2010. – No. 11. – P. 28-31.
23. Chepiga T. D. Financial lease (leasing): problems of legal succession // Civilist. – 2011. – No. 2. – P. 67-72.
24. Kharitonova Yu. S. Pledge management agreement // Laws of Russia: experience, analysis, practice. – 2014. – No. 11. – P. 15-20.
25. Vasilevskaya L. Yu. Legal qualification of the collateral management agreement // Law. – 2016. – No. 3. – P. 38–47.
26. Bautina V. S. Pledge management agreement: content and problems of application // Law, society, state: problems of theory and history: collection. Art. All-Russian student scientific conf. Peoples’ Friendship University of Russia, 2017. – P. 269.
27. Nuriev A. Kh. Regulation of project financing: on the way to international standards // International banking operations. – 2014. – No. 1. – P. 10.
28. Grishaev S.P., Bogacheva T.V., Sweet Yu.P. Article-by-article commentary to the Civil Code of the Russian Federation. Part one. – [Electronic resource]. – Access mode: Access from SPS “ConsultantPlus”, 2019 (author of the commentary on Article 356 of the Civil Code of the Russian Federation – S.P. Grishaev).
29. Vitryansky V.V. Reform of Russian civil legislation: interim results. – M.: Statute, 2018. – P. 216.
30. Petukhova A. V. Pledge: main changes in legislation // Individual entrepreneur: accounting and taxation. – 2014. – No. 4. – P. 73-78.
31. Shkoldin K. V. Pledge management agreement: new rules for collateral management // Novels of Law, Economics and Management 2021: collection. scientific works on materials of the VII international. scientific-practical conf. – 2022. – pp. 114-117.
BUSINESS LAW
FIRSOVA Olga Nikolaevna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Orel State University
ZOLOTAREVA Irina Alexandrovna
student of the 1st course, direction Economics, profile “Economics, finance and accounting” of the I. S. Turgenev Orel State University
FEATURES OF THE CREATION AND DEVELOPMENT OF THEIR OWN BUSINESS BY BEGINNING BUSINESS ENTITIES IN RUSSIA
This study presents the results of the analysis of the dynamics of the number of business entities in the Russian Federation as a whole and, in particular, in the Central Federal District, reflecting the specific features of start-up entrepreneurs seeking to develop personal entrepreneurial skills, self-realization in the entrepreneurial environment by creating their own business in various forms of its organization, and also theoretically substantiates the main problems of start-up entrepreneurs in the stratum of their professional activity.
Keywords: entrepreneurial activity, aspiring entrepreneur, business.
Bibliographic list of articles
1. Unified register of small and medium-sized businesses // Federal Tax Service (official website). [Electronic resource]. – Access mode: https://rmsp.nalog.ru/
2. Measures to support SMEs // My business (official website). [Electronic resource]. – Access mode: https://mybusiness.rf/anticrisis.
3. Self-employment in the Russian Federation. [Electronic resource]. – Access mode: https://sznpd.ru/statistika-samozanyatosti-na-nachalo-2023/.
CORPORATE LAW
BAYRAMOV Ramzi Rajabovich
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty of the St. Petersburg branch of the V. B. Bobkov Russian Customs Academy
GABDULKHAKOV Marcel Fanilevich
LL.B, competitor for a master’s degree of the Moscow State Institute of Foreign Affairs (University) of the MFA of Russia
LAVRENOVA Alexandra Sergeevna
LL.B, competitor for a master’s degree of the Moscow State Institute of Foreign Affairs (University) of the MFA of Russia
REDINA Valeriya Vsevolodovna
competitor for a master’s degree of the Moscow State Institute of Foreign Affairs (University) of the MFA of Russia
THE RIGHT TO INFORMATION OF MEMBERS OF THE CORPORATION
This paper examines the right of members of a corporation to receive information. The author analyzes the main aspects of this right, including the procedure for providing information, the subjects who must provide information, and the types of information to which the right applies. Particular attention is paid to the issues of protecting the rights of the participants of the corporation to obtain information. A comparative analysis of the scope of the right to information as well as its possible limitations in the Russian Federation and the USA, Germany, France and the United Kingdom is made. It is concluded that the right to information on the activities of the company is an inherent right of any participant in the corporation, as it allows to protect the invested funds of the participants managed by other persons.
Keywords: the right to information, members of the corporation, how to provide information, types of information, protection of rights.
Bibliographic list of articles
1. Bychkov A. Regime of trade secrets in an organization // Legal directory of the manager. – 2021. – No. 6.
2. Gabov A.V., Gubin E.P., Karelina S.A. et al. Corporate law: textbook / Responsible. ed. I. S. Shitkina. – M.: Statute, 2019. – 540 p. // SPS ConsultantPlus.
3. Kuznetsov V. A., Stepanov D. I. The shareholder’s right to information // Law. – 2011. – No. 7.
4. Melnikova T.V. Some problems of legal regulation of the obligations of a joint-stock company to disclose information and provide information // Lawyer. – 2021. – No. 3.
5. Orlova O. E. Corporate law in anticipation of change: a collection of articles for the 20th anniversary of the Law on LLC [Electronic edition] / Rep. ed. A. A. Kuznetsov. – M-Logos, 2020.
6. Petrov V. Information rights of society participants. Looking for a balance of interests // EZh-Lawyer. – 2017. – No. 16.
7. Cherkashenko A. Shareholders’ rights to information and inspection as means of protecting minority shareholders: Germany, United Kingdom, France, and Kyrgyzstan. Central European University, 2011.
CRIMINAL LAW
ARTSKHAEV Denis Ruslanovich
magister student of the Rostov State University of Economics (RINE)
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)
ULEZKO Ivan Sergeevich
Ph.D. in Law, associate professor, associate professor of Criminal and criminal executive law, criminology sub-faculty of the Faculty of Law of the Rostov State University of Economics (RINE)
FIND OR STEAL? (DISCUSSION OF THE PROBLEM)
In the article, the authors give a general criminal-legal characterization of crimes against property. The concept of property as an object of encroachment of crimes of Chapter 21 of the Criminal Code of the Russian Federation is revealed.
Also considered are the signs of Article 158 of the Criminal Code of the Russian Federation (Theft). Using the method of comparing features, the authors were subject to a legal analysis of the situation in which recommendations were given on the qualification of actions when a forgotten (dropped) thing was found in relation to person(s) who find this thing.< br /> The authors make recommendations on the need to amend the text of the criminal law, as well as the current decision of the Plenum of the Supreme Court on the category of criminal cases under consideration.
Keywords: property, possessions, find, abandonment of property, theft, assignment of found.
Bibliographic list of articles
1. Bokhan A. P., Asatryan K. A. Object of crime and consequences of crime // Economic, legal, sociological studies: questions of theory and practice: Materials of the XIII All-Russian scientific and practical conference. Ryazan, 2023.
2. Eliseev S. A. Crimes against property: a course of lectures. Tomsk, 2018.
3. On judicial practice in cases of theft, robbery and robbery: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29. Access from the ConsultantPlus legal reference system. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/cgi/online (access date 11/20/2023)
4. Zubtsov A. A. Differentiation of norms on the discovery and secret theft of someone else’s property: problems of theory and practice // Criminal law. 2019. No. 3.
5. Cassation ruling of the Supreme Court of the Russian Federation No. 75-UD17-2 dated April 19, 2017. [Electronic resource]. – Access mode: http://www.vsrf.ru/stor_pdf.php?id=1540678 (access date 11/15/2023)
6. Sentence of August 7, 2022 in case No. 22-2144/2022/ of the Rostov Regional Court. Treatment mode. [Electronic resource]. – Access mode: https://sudact.ru (access date 11/20/2023)
7. Bokhan A. P., Stavilo S. P.. Theoretical foundations of the criminalization of socially dangerous acts and the decriminalization of acts that have lost their social danger // Science and education: economy and economics; entrepreneurship; law and management. 2022. No. 11 (150).
CRIMINAL LAW
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor, associate professor of Constitutional and administrative law sub-faculty of the Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan
CONFISCATION OF PROPERTY USED ON THE BASIS OF BRIBERY IN THE CONTEXT OF RESPECT FOR CONSTITUTIONAL RIGHTS AND LEGITIMATE HUMAN INTERESTS
This work analyzed the state of bribery in Russia. A description of the person who committed bribery was compiled. The legal grounds for confiscation of property (subject of bribe) were considered. Problematic situations have been identified that arise in practice when solving issues of confiscation of the subject of a bribe. The justification of the need to ensure constitutional guarantees in matters of protecting the rights and legitimate interests of a person when confiscating property from him is provided.
Keywords: right to private property, bribery, subject of bribes, confiscation of property, measures to counter corruption crimes.
Bibliographic list of articles
1. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https://stat.xn ––7sbqk8achja.xn--p1ai/stats/ug/t/12/s/8 (access date: 11/24/2023).
2. Judgment No. 1-318/2022 dated December 5, 2022 in case No. 1-318/2022. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ZYr8E3Q4hWxl. Case No. 1-318/2022 UID 26RS0035-01-2022-003118-73 (date of access: November 25, 2023).
3. According to the GIAC of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: www.mvd.ru (date of access: November 22, 2023).
4. Crime and delinquency (2017-2021): statistical collection / Ministry of Internal Affairs of the Russian Federation, Judicial Department of the Supreme Court of the Russian Federation, Department of Supervisory Activities and Preventive Work of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief. − Moscow: [Main Information and Analytical Center of the Ministry of Internal Affairs of the Russian Federation], 2022. − 178 p. Text: direct.
5. On judicial practice in cases of bribery and other corruption crimes: Resolutions of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2013 No. 24. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 11/23/2023).
6. On some issues related to the use of confiscation of property in criminal proceedings: Resolutions of the Plenum of the Supreme Court of the Russian Federation dated June 14, 2018 No. 17. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: November 25, 2023).
CRIMINAL LAW
DIBIROV Yusup Saibulaevich
senior lecturer of Administrative, financial and customs law sub-faculty of the Dagestan State University, Makhachkala
ON THE ISSUE OF THE THEORETICAL CONTENT OF CRIMINAL LIABILITY
The article is devoted to the study of the theoretical component of criminal liability as an important institution of Russian criminal law. The author analyzes existing approaches to determining the essence of criminal liability, based on the results of which he proposes their systematization. The importance of regulating the definition of criminal liability from a methodological point of view is revealed, since this eliminates the emerging theoretical and practical issues. Describing the prevailing point of view in the theory of criminal law regarding the essence of criminal liability, reduced to the obligations of the criminal in reporting to the state and suffering negative consequences, he highlights its features.
Keywords: criminal liability, criminal punishment, measure of state coercion, negative consequences, definition, persons capable of delinquency.
Bibliographic list of articles
1. Bavsun M.V., Nechipurenko A.A. Criminal legal influence – criminal liability – punishment: correlation of concepts // Criminal law. A common part. Punishment. Academic course. T. 1 Concept, goals of criminal punishment. Criminal punishment system. Book 1. The concept of criminal punishment / Ed. N. A. Lopashenko. – M.: Yurlitinform, 2020. – P. 368-402.
2. Blagov E.V. Punishment and other measures of a criminal legal nature: lectures. – M.: Yurlitinform, 2011. – 237 p.
3. Bratus S.N. Legal responsibility and legality. – M.: Legal literature, 1976. – 216 p.
4. Vedmid S.E. Problems of implementation of criminal liability: abstract. dis. …cand. legal Sci. Krasnoyarsk, 2004. – 17 p.
5. Dvoretsky M. Yu. Effective implementation of criminal liability as an optimal means of preventing crimes and crime: monograph. – Tambov: Tambov State University named after G. R. Derzhavin, 2009. – 668 pp.
6. Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. – M.: Gosyurizdat, 1961. – 381 p.
7. Kaplin M. N. Differentiation of criminal liability for crimes against life and health: abstract. dis. …cand. legal Sci. Ekaterinburg, 2003. – 21 p.
8. Karpov A.V. On the issue of the concept of “criminal liability” in Russian criminal law // Science time. – 2015. – No. 1. – P. 183-188.
9. Kelina S.G. Theoretical issues of release from criminal liability / Rep. ed. A. A. Piontkovsky. – M.: Nauka, 1974. – 232 p.
10. Korneev S. A. The essence and forms of implementation of criminal liability in accordance with the Russian criminal law // Bulletin of the Russian Legal Academy. – 2020. – No. 4. – P. 104.
11. Kurbanova A. S. Criminal legal relations and criminal liability: problems of correlation: abstract. dis. …cand. legal Sciences: 12.00.08. – Chelyabinsk, 2010. – 23 p.
12. Kurlyandsky V.I. Criminal liability and measures of public influence. – M.: Legal. lit., 1965. – 142 p.
13. Leist O. E. Sanctions in Soviet law. – M.: Gosyurizdat, 1962. – 238 p.
14. Motovilovker E. Ya. The concept of criminal liability: discovering the reality of the term in the context of the institution of exemption from criminal liability // Questions of fact and law in legal activity: a collection of scientific articles. – Yaroslavl, 2020. – pp. 180-192.
15. Retyunskikh I. S. Criminal liability and its implementation under Soviet legislation // Criminal liability: problems of content, establishment, implementation: interuniversity collection of scientific works. – Voronezh, 1989. – P. 112-118.
16. Samoshchenko I. S., Farukshin M. Kh. Responsibility under Soviet legislation. – M.: Legal. lit., 1971. – 240 pp.
17. Sereda I. M. On the issue of the relationship between the concepts of “criminal liability”, “criminal legal attitude”, “criminal prosecution” and “punishment” // “Crime, punishment, correction”: a collection of abstracts of speeches and reports of participants of the III International penitentiary forum: in 8 volumes – Ryazan, 2017. – T. 2. – P. 87-91.
18. Fedorovskaya L. A. Criminal liability: essence, moment of occurrence. Exemption from criminal liability // Law and order in modern society. – 2013. – No. 15. – P. 229-333.
19. Chuchaev A. I. Punishment in Russian criminal law: an anthology of ideas // Bulletin of the O. E. Kutafin University (MSAL). – 2015. – No. 7. – P. 51-78.
20. Sheveleva S.V., Drobysheva O.S. Criminal liability as a criminal legal relationship // News of the South-Western State University. – 2012. – No. 5-1. – pp. 124-127.
CRIMINAL LAW
LASHCHENKO Roman Alexandrovich
senior lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the FPS of Russia
FAKOV Azamat Mukhazhidovich
associate professor of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
MIKHAYLOV Alexander Nikolaevich
senior lecturer of Operational investigative activities sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
THE NEGATIVE CONSEQUENCES OF THE GLOBALIZATION OF THE WORLD ECONOMY ASSOCIATED WITH THE INTENSIFICATION OF THE PROCESSES OF LAUNDERING CRIMINAL PROCEEDS
The article is devoted to the study of the consequences of globalization of the world economy and the related processes of money laundering and terrorist financing (AML and CFT). Considering the digital development of economic systems and mechanisms for countering the legalization (laundering) of funds or other property acquired by criminal means, the authors focus on the problems of financial monitoring and emphasize that the improvement and interaction between the elements of this system will ensure effective countering money laundering.
Keywords: AML and CFT regime, legalization (laundering) of funds or other property acquired by criminal means, globalization of the economy, financial monitoring, compliance, FATF.
Bibliographic list of articles:
1. Prasolov V.I., Feshina S.S. The influence of digital transformation on the processes of identifying the laundering of proceeds from crime // Economics: yesterday, today, tomorrow. – 2020. – Volume 10. – No. 8A. – pp. 130-145
2. Proshunin M. M. On the issue of the concept of laundering criminal proceedsov // Bulletin of RUDN University. Series: Legal sciences. – 2008. – No. 3.
3. Shuvaeva M. S., Makarenko M. M. Combating the outflow of capital and laundering of criminal proceeds // International Journal of Humanitarian and Construction Sciences. – 2021. – No. 6-2.
4. Denisov A. B. Legalization (laundering) of criminal proceeds as one of the sources of financing terrorist activities // Collection of articles of the international scientific and practical conference “Problems of interaction between science and society”. – Tambov, 2018. – pp. 147-151.
5. Sharaev P. S. Countering money laundering (legalization) in the context of digital transformation (financial and legal aspect) // Legal Bulletin of Samara University. – 2022. – No. 3.
6. Evstratova T. A., Kabanova E. E., Vetrova E. A. Activities of Rosfinmonitoring to monitor supervised organizations regarding transactions with funds // Humanitarian, socio-economic and social sciences. – 2021.
7. Lyapin A. E., Mustafina S. Yu. Financial monitoring as a means of combating crimes against property and undermining the finances of organizations // Bulletin of Economic Security. – 2020. – No. 4.
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
PLEVAKO Darya Andreevna
student of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
PUNISHMENTS FOR MOTHERS WHO MURDER NEWBORN CHILDREN
This article discusses a very controversial issue about the punishment of mothers who have committed the murder of a newborn child. We have considered the criteria by which a crime can be considered as privileged and the application of punishment with mitigating circumstances. Controversial issues have also been identified in the application of punishment for murderous mothers. Legislative changes regarding punishment, which in the future may help to avoid the commission of this crime, are proposed
Keywords: newborn, mother-murderer, privileged composition, mitigating circumstances, Criminal Code, murder, infant, minor suspect, subject of crime, punishment, responsibility.
Bibliographic list of articles
1. Vysotina Y. A. Privileged composition: the murder of a newborn child by a mother // Fundamental and applied approaches to solving scientific problems: Collection of articles based on the materials of the international scientific and practical conference, Ufa, December 12, 2019. – Ufa: Limited Liability Company “Scientific Publishing Center “Bulletin of Science”, 2019. – P. 185-188.
2. Zakharova S. S., Kirkhlyarova (Zubailova) G. Problems of qualification and application of punishment for the murder of a newborn child by a mother under the legislation of the Russian Federation // Economics, management, law: current issues and vectors of development: collection of articles of the II international scientific and practical conference , Petrozavodsk, February 02, 2020. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya Irina Igorevna), 2020. – P. 61-70.
3. Kunz E. V. On the issue of responsibility for the murder of a newborn child by a mother in the context of criminal law policy // Criminal policy and law enforcement practice: Collection of materials of the VIIth International Scientific and Practical Conference, St. Petersburg, November 01-02, 2019 of the year. – St. Petersburg: Center for Scientific and Information Technologies “Asterion”, 2019. – P. 230-234.
4. Maksimova K. L., Efimova D. A., Zhabrova A. A. problems of qualification of murder by a mother of a newborn child // Humanitarian, socio-economic and social sciences. – 2023. – No. 5. – P. 124-126.
CRIMINAL LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
AYUBOVA Shuayanat Israpilovna
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University
KARIMULAEVA Elmira Magomedovna
Ph.D. in pedagogical sciences, associate professor of the Dagestan State Pedagogical University
PROBLEMS OF PREVENTION OF SHOOTING IN EDUCATIONAL INSTITUTIONS
The main methodological approaches to the analysis of school shootings are described, theories offering a systematic understanding of this phenomenon are presented, the stages of social and personal predictors of school shootings are determined. Attempts have been made to combine various scientific approaches to threat diagnosis and prevention of mass incidents in schools. The article analyzes the causes and features of attacks in schools on students and teachers of educational institutions in Russia. The main factors that play a role in the preparation of attacks and the implementation of the attacking actions themselves are given.
Keywords: school shooting, violence at school; mass murder, security, education.
Bibliographic list of articles
1. Vyborny A. The massacre in Perm proved that safety standards for schools must be implemented throughout Russia: interview // Parliament. gas: electronic period. ed. – [Electronic resource]. – Access mode: https:// www.pnp.ru/social/anatoliy-vybornyy-reznya-v-permi-doka.
2. At a school in Dagestan, a teenager stabbed a classmate, and other children attacked a journalist. We’ll tell you what we know about it. – [Electronic resource]. – Access mode: https://www.yuga.ru/news/460103-v-shkole-v-dagestane-podrostok-zarezal-odnoklassnika-a-drugie-deti-napali-na-zhurnalista-rasskazyvaem-chto-ob- etom-izvestno/.
CRIMINAL LAW
MARAKULIN Denis Anatoljevich
Deputy Head of Criminal law and criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHTAB Oksana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, Head of Criminal law, criminal process and criminalistics sub-faculty of the Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
CRIME PREVENTION IN THE FIELD OF PROTECTION OF CULTURAL HERITAGE SITES
One of the priorities of the state and society is the protection of historical and cultural monuments, which are of unique value to the entire multinational people of the Russian Federation and are an integral part of the world cultural heritage. The authors aim to study crime and related background phenomena in the field of protection of cultural heritage sites, and, accordingly, to develop measures for their prevention. The article deals primarily with the issues of special and individual crime prevention in the field of protection of cultural heritage sites.
Keywords: crime, offense, crime in the field of protection of cultural heritage objects, criminal liability, crime prevention, archaeological object, archaeological heritage objects, cultural heritage objects.
Bibliographic list of articles
1. Batrshin R. Yu. Administrative responsibility for offenses in the field of protection of cultural heritage objects // Russian justice. – 2016. – No. 8 (124). – pp. 12-17.
2. Bolotova E. D. Criminal liability for encroachment on objects of cultural heritage taken under state protection: specialty 12.00.08 “Criminal law and criminology; criminal-executive law”: dissertation for the degree of candidate of legal sciences, 2022. – 209 pp.
3. Kazakov A. A., Pavlyuchenko A. M. Problems of law enforcement practice in the field of protection of cultural and historical heritage // Bulletin of the Barnaul Legal Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (33). – pp. 48-50.
4. Marakulin D. A. Criminology of crime in the sphere of protection of cultural heritage objects // Bulletin of the Barnaul Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (43). – pp. 118-120.
5. Marakulin D. A. State and dynamics of crime in the field of protection of cultural heritage sites in the Russian Federation (2017-2021) // Current problems in the fight against crimes and other offenses. – 2023. – No. 23-2. – pp. 41-43.
6. Khalikov I. A. Current issues of qualification of crimes in relation to archaeological monuments and archaeological objects (Article 2432 of the Criminal Code of the Russian Federation) // Criminal Law. – 2019. – No. 3. – P. 81-84.
CRIMINAL LAW
AVERINSKAYA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
RADCHENKO Elizaveta Ivanovna
magister student of the 1st course of the Institute of Law of the Irkutsk State University
ZAGAINOV Vladimir Vladimirovich
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty of the Irkutsk Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ON THE ISSUE OF THE CONTENT OF THE SUBJECTIVE SIDE OF DRIVING TO SUICIDE
The presented scientific article examines various approaches to the content of the subjective side of driving to suicide. The authors highlight the criminological aspects of incitement to suicide, analyze various doctrinal approaches to the content of possible forms and types of guilt inherent in incitement to suicide, citing examples of forensic investigative practice, and analyze the criminal legislation of foreign countries.
Keywords: incitement to suicide, subjective side of the crime, form of guilt.
Bibliographic list of articles
1. Antipova A. V. Criminal liability for driving minors to suicide: foreign experience // International public and private law. 2020. No. 1. P. 29-35.
2. Khatuev V.B. Criminal liability for incitement to suicide or attempted suicide under the legislation of foreign countries // Journal of Foreign Legislation and Comparative Law. 2021. No. 3. P. 50-69.
3. Malinin V. B., Pobegailo E. F. Encyclopedia of criminal law: Crimes against life and health. – T. 13 / Rep. V. B. Malinin. St. Petersburg: Publishing House of Professor V.B. Malinin, 2013. 953 pp.
4. Borzenkov G. N. Qualification of crimes against life and health: educational and practical work. allowance. M., 2020. P. 101.
CRIMINAL LAW
ROZHNOV Alexey Petrovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Volgograd State University
GENERAL BEGINNINGS AND PRINCIPLES OF SENTENCING: PROBLEMS OF CORRELATION
The article is devoted to the clarification of the essence of normative prescriptions re-flecting in the current Criminal Code the general beginnings of imposition of criminal punishment. Based on the analysis of the content of Article 60 of the Criminal Code of the Russian Federation, the author expresses his disagreement with the understanding of general beginnings as institutional principles of criminal law. The conclusion is formulated that the general beginnings directly affect the process of imposing punishment, while the principles only set a certain direction of behavior of participants in legal relations or influence the determination of the content of a certain group of norms in the process of rule- making.
Keywords: differentiation and individualization of responsibility, general beginnings of sentencing, principles of law, justice, criminal law coercion.
Bibliographic list of articles
1. Arendarenko A.V. General legal principle of social justice and its implementation in modern criminal law of Russia (theoretical and legal aspects): Author’s abstract. dis. … doc. legal Sci. – M., 2009. – 46 p.
2. Blagov E. V. Assignment of punishment (theory and practice). – Yaroslavl: YarSU Publishing House, 2002. – 187 p.
3. Vasilyeva Ya. Yu. Concept and characteristics of the general principles of sentencing under Russian criminal legislation // Humanitarian, socio-economic and social sciences. – 2017. – No. 8-9. – P.149-155.
4. Voplenko N. N. Rules of law: Lecture for students of the Faculty of Law. – Volgograd: VolSU Publishing House, 1997. – 32 p.
5. Voplenko N. N. Essays on the general theory of law. – Volgograd: VolSU Publishing House, 2009. – 896 p.
6. Voplenko N. N. Freedom and justice: patterns of their interaction // Bulletin of Volgograd State University. Series 5. Jurisprudence. – 2012. – No. 1 (16). – P.7-12.
7. Voplenko N.N. Essence, principles and functions of law: Textbook. – Volgograd: VolSU Publishing House, 1998. – 53 p.
8. Dudar N. N. General principles of sentencing: Author’s abstract. diss. …cand. legal Sci. – M., 2004. – 23 p.
9. Dyadkin D.S. Theoretical foundations of assigning criminal punishment: an algorithmic approach. – St. Petersburg: Publishing house of R. Aslanov “Legal Center Press”, 2006. – 508 pp.
10. Kruglikov L. L. General principles of sentencing (Chapter II) // Encyclopedia of criminal law. T. 9. Assignment of punishment. – Publication by Professor Malinin. – St. Petersburg. GKA, St. Petersburg, 2008. – P.159-293.
11. Kruglikov L. L., Vasilievsky A. V. Differentiation of responsibility in criminal law. – St. Petersburg: Publishing house “Legal Center Press”, 2002. – 300 pp.
12. Lyadov E.V. On the question of the general principles of sentencing // Scientific notes of the Oryol State University. – 2015. – No. 1 (64). – pp. 253-256.
13. Malinin V. B., Izmalkov V. A. General principles and criteria for assigning criminal punishment // Bulletin of the St. Petersburg Legal Academy. – 2011. – No. 4 (13). – pp. 81-84.
14. Naumov A.V. Russian criminal law. A common part. Lecture course. – M.: Publishing house BEK, 1996. – 560 p.
15. Pokhmelkin V.V. Achieving justice in imposing punishment under Soviet criminal law: Author’s abstract. dis. …cand. legal Sci. – M., 1985. – 24 p.
16. Pudovochkin Yu. E., Pirvagidov S. S. Concept, principles and sources of criminal law: comparative legal analysis of the legislation of Russia and the countries of the Commonwealth of Independent States. – St. Petersburg: Publishing house “Legal Center Press”, 2003. – 297 pp.
17. Rarog A. I. Assignment of punishment (Chapter 7) // In the book: Esakov G. A., Rarog A. I., Chuchaev A. I. Handbook for a judge in criminal cases / Rep. ed. A. I. Rarog. – M.: TK Welby, Prospekt Publishing House, 2010. – P. 100-122.
18. Tatarnikov V. G. The concept of general principles of sentencing and their content // Problems of improving the fight against crime: Collection of articles. – Irkutsk: Irkut Publishing House. University, 1985. – P. 38-52.
19. Tatarnikov V. G. The principle of justice and its reflection in the general principles of sentencing // Verb of justice. – 2018. – No. 4 (18). – pp. 31-36.
20. Shkredova E. Principles of sentencing as one of the criteria for its fairness // Criminal law. – 2016. – No. 2. – P. 102-108.
CRIMINAL LAW
SNEGOVOY Maxim Andreevich
Deputy Director for Long-term Planning of the branch of JSC “UK EFKO”, Alexeevka
ON THE QUESTION OF THE SIGNS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 280.3 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The establishment of criminal liability for committing public actions aimed at discrediting the use of the Armed Forces of the Russian Federation and the execution of state bodies, formations, organizations or persons specified in Article 280.3 of the Criminal Code of the Russian Federation to assist in the performance of tasks assigned to the Armed Forces of the Russian Federation is a natural reaction of the state to an increasingly widespread social ailment. The proper understanding by the law enforcement officer of the signs of this corpus delicti, their uniform interpretation in accordance with the will of the legislator ensure the uniformity of judicial and investigative practice and, ultimately, the practical implementation of the criminal policy of the modern Russian state.
Keywords: objective side, discrediting, volunteer formations, deliberately false information, destabilization of public security.
Bibliographic list of articles
1. Muradyan S.V. Issues of application of Article 280.3 of the Criminal Code of the Russian Federation on discrediting the use of the Armed Forces of the Russian Federation or the execution by state bodies of their powers // Criminological Journal. – 2023. – No. 1. – P. 87-94.
2. Malyshev K. S. Features of the distinction between articles 207.3 and 280.3 of the Criminal Code of the Russian Federation // Bulletin of the Ural Legal Institute of the Ministry of Internal Affairs of Russia. – 2023. – No. 3. – P. 169-172.
3. Efremova T. F. New dictionary of the Russian language. Explanatory and word-formative. – M.: Russian language, 2020. [Electronic resource]. – Access mode: https://www.efremova.info/letter/+pu.html?page=2 (date of access: 06.14.2023).
CRIMINAL LAW
MAKSIMOVA Kristina Leonidovna
senior lecturer of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
LOBOV Nikita Vladimirovich
student of the 3rd course in the field of Jurisprudence of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
KHAMAIKO Evgeniy Sergeevich
student of the 3rd course in the field of Jurisprudence of the Hero of the Russian Federation, General of the Army E. N. Zinichev St. Petersburg State Fire Fighting Service University of the Ministry of Emergency Situations of Russia
LEGAL RESPONSIBILITY OF THE MINISTRY OF EMERGENCY SITUATIONS EMPLOYEES
This article discusses a very controversial issue about the legal responsibility of emergency workers. The article analyzes the types of responsibility of employees of the Ministry of Emergency Situations, which are applied for a misdemeanor, offense or crime. We also identified conflicts in determining civil liability, namely, in identifying the features of compensation for moral damage. We have proposed improvements in legislation that will help regulate the activities of emergency workers.
Keywords: EMERCOM employee, legal liability, material liability, criminal liability, EMERCOM of Russia, compensation for moral damage.
Bibliographic list of articles
1. Vaneeva T. B., Shmurygina O. V. Professional values and responsibility of employees as an indicator of effective management in the system of the Ministry of Emergency Situations // Business. Education. Right. – 2022. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=49341719 (date of access: 10/25/2023)
2. Zavadskaya Yu. E. Responsibility of officials of state fire supervision authorities for negligence // Scientific and educational potential of youth in solving pressing problems of the 21st century: Collection of the IX international student scientific conference, Achisnk, April 23, 2021. Volume 9. – Achinsk: Achinsk branch of Krasnoyarsk State Agrarian University, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46431266 (date of access: 10/25/2023)
3. Nikolaev M.V., Prosin M.V., Stabrovskaya E.I. [et al.] Responsibility of employees of the Ministry of Emergency Situations // Food innovations and biotechnologies: Collection of abstracts of the IX International scientific conference of students, graduate students and young scientists within the framework of the III international Symposium “Innovations in Food Biotechnology”, Kemerovo, May 17-19, 2021 / Under the general editorship of A. Yu. Prosekov. Volume 2. – Kemerovo: Kemerovo State University, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=46634376 (date of access: 10/25/2023)
4. Savinkov S. N., Pisarevsky K. L., Egorov N. V. Methods of psychological support for the formation of responsibility among students – beginning specialists of the Ministry of Emergency Situations of Russia // Current problems of modern Russia: psychology, pedagogy, economics, management and law: collection of scientific Works, Moscow, November 21-26, 2022. – Moscow: Moscow Psychological and Social University, 2022. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=50102688 (date of access: 10/25/2023)
5. Stupina S. A. Some issues of civil liability of employees of the state fire service of the Ministry of Emergency Situations of Russia // Current problems in the fight against crime: questions of theory and practice: Materials of the XXV international scientific and practical conference. In 2 parts, Krasnoyarsk, April 07-08, 2022. Volume Part 1. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=48237107 (date of access: 10/25/2023)
6. Sysoev A. A. Legal regulation of liability for harm caused by employees of the Ministry of Emergency Situations in natural and man-made emergencies // Civil defense on guard of peace and security: Materials of the V International scientific and practical conference dedicated to the World Civil Defense Day. In 4 parts, Moscow, March 01, 2021. Volume Part III. – Moscow: Academy of the State Fire Service of the Ministry of Emergency Situations of Russia, 2021. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=44865341 (date of access: 10.25.2023)
CRIMINAL LAW
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service
MEDVEDEVA Inna Nikolaevna
researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution of the Federal Penitentiary Service of Russia
ABOUT SOME FEATURES OF CRIMINAL PROCEEDINGS IN GEORGIA
At the beginning of the 2000s, active work was carried out in Georgia to supplement and amend legislation, including criminal, criminal procedural and criminal executive legislation. Particular attention was paid to legal norms aimed at combating organized crime and racketeering. Georgia has become a pioneer in the post-Soviet space in adopting fairly effective laws in this area. A number of advanced provisions of Georgian legislation have been implementeded into the legislation of many countries, including the criminal legislation of the Russian Federation. This article presents statistical data on the state of crime in Georgia, as well as a number of provisions of criminal and criminal procedural legislation.
Keywords: Georgia, criminal proceedings, detention, accused, grief.
Bibliographic list of articles
1. Kozlovskaya M.G. Experience in combating organized crime in Georgia // Bulletin of Omsk University. Series “Law”. ‒ 2018. ‒ No. 2 (55). ‒ pp. 175-179.
2. Geostat official website. Criminal Justice Statistics. 2023. [Electronic resource]. – Access mode: https://www.geostat.ge/en/modules/categories/132/criminal-justice-statistics (access date: 11/08/2023).
3. Calculations were made using the “Growth Rate” software tool. [Electronic resource]. – Access mode: https://ciox.ru/growth-rate (date of access: 08.11.2023).
CRIMINAL LAW
CHEREMNOVA Natalya Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Omsk Academy of the MIA of Russia
GORBATSEVICH Olga Anatoljevna
lecturer of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
LYUKOVETS Vladimir Petrovich
lecturer of the Cycle of Cynology at the Ufa School for the Training of Cynologists of the MIA of Russia, major of police
ZIMIN Nikita Vladimirovich
senior specialist of the Professional training group of the MIA of Russia in Nefteyugansk, senior lieutenant of police
QUALIFICATION OF A CRIME IN THE CASE OF AN EXCESS OF THE PERPETRATOR
This article discusses the key characteristics that must be taken into account for proper qualification in case of excess of the performer. The authors emphasize the importance of distinguishing quantitative and qualitative excess, which is based on the homogeneity and heterogeneity of the criminal act being committed. At the same time, the authors consider the possibility of committing an excess by both one and several participants in the crime. Special attention is paid by the authors to the issues of qualification of excess in complex complexity with the distribution of roles. Authors conclude that in order to properly qualify what they have done, it is necessary to ensure a uniform interpretation and application of the norms of the articles of the General Part of the Criminal Code of the Russian Federation on complexity, which is possible by improving and supplementing the norms under consideration.
Keywords: excess of the perpetrator, complicity in the crime, complex complicity, quantitative excess, qualitative excess, crime, qualification of the crime.
Bibliographic list of articles
1. Gyulbankyan A. A. Complex issues of qualification of excess of the perpetrator of a crime // Asia-Pacific region: economics, politics, law. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/slozhnye-voprosy-kvalifikatsii-ekstsessa-ispolnitelya-prestupleniya.
2. Davydenko V. S. Excess of the performer in criminal law // Domestic jurisprudence. – 2018. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekstsess-ispolnitelya-v-ugolovnom-prave.
3. Klenova T.V., Mnatsakanyan D.L. Current problems of understanding the excess of an accomplice // Legal Bulletin of Samara University. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-ponimaniya-ekstsessa-souchastnika.
4. Neshataev V.N., Maksimov A.S. Quantitative and qualitative types of excesses of the perpetrator of a crime // State service and personnel. – 2020. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kolichestvenny-y-i-kachestvennyy-vidy-ekstsessa-ispolnitelya-prestupleniya.
5. Chernenko T. G. Problematic issues of qualification of actions of accomplices in case of excess of the performer // Vestn. Volume. state un-ta. Right. – 2022. – No. 44. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemnye-voprosy-kvalifikatsii-deystviy-souchastnikov-pri-ekstsesse-ispolnitelya.
6. Shatov S. A. Qualification of excess of the performer. Theory and practice // Law and law. – 2018. – No. 12. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvalifikatsiya-ekstsessa-ispolnitelya-teoriya-i-praktika.
CRIMINAL LAW
CHOCHUEVA Zulfiya Azretalievna
Ph.D. in Law, associate professor, head of Criminal law and process sub-faculty of the North Caucasus State Academy
THE INFLUENCE OF EXCEPTIONAL CIRCUMSTANCES ON THE PRACTICE OF MITIGATION OF PUNISHMENT
The humanization of Russian criminal legislation, as demonstrated by the realities of modern politics, is an integral and important part of the life and development of the state. The mitigating nature of the law is manifested in legal norms that establish special rules providing for a reduction or relaxation of punishment, depending on various circumstances and grounds. In this article, the author examines the rules of mitigation of punishment, what grounds and circumstances are applicable in such cases, which way the theory and practice of applying punishment follows.
Keywords: punishment, rules, set of norms, circumstances, institution of criminal law, differentiation.
Bibliographic list of articles
1. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 40 of June 11, 1999 “On the practice of applying criminal punishment by courts” // Bulletin of the Supreme Court of the Russian Federation. 1999. No. 8.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of 01/11/2007 “On the practice of imposing criminal punishment by the courts of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. 2007. No. 4.
3. Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58 “On the practice of imposing criminal punishment by the courts of the Russian Federation” // Rossiyskaya Gazeta. 2015. December 29
4. Artemenko N., Shimbareva N. Supreme Court on the rules of mitigation of criminal punishment // Criminal law. 2016. No. 5. P. 12.
5. Zubkova V.I. Criminal punishment and its social role: theory and practice. M.: NORM, 2002. P. 268.
6. Koroleva Z. I. Exceptional circumstances as a basis for imposing a more lenient punishment than provided for a given crime: concept, essence and their types // Scientific notes of the Kazan State University. Humanitarian sciences. 2008. Volume 150. Book. 5. pp. 201-206.
7. Kukovyakin A. E. Exceptional circumstances as a basis for mitigation of punishment: dis. …cand. legal Sci. Omsk, 2018. pp. 117-118.
8. Stanovsky M. N. Assignment of punishment. St. Petersburg: Legal Center Press, 1999. P. 278.
9. Stepashin V. M. Assignment of punishment under exceptional circumstances // Bulletin of Omsk University. Series “Law”. 2007. No. 3 (12). P. 140.
CRIMINAL LAW
YAKUBOVA Olga Petrovna
inspector on special assignments of the Department for the Organization of Public Order Protection and Interaction with Executive Authorities of the Subjects of the Russian Federation and Local Self-government bodies of the Ministry of Internal Affairs of the Republic of Crimea, Criminalistics sub-faculty of the Krasnodar University of MIA of Russia
PROBLEMS OF DETECTING AND INVESTIGATING OF FRAUD IN THE FIELD OF REAL ESTATE CIRCULATION: ANALYSIS OF THE RESULTS OF A SURVEY OF LAW ENFORCEMENT OFFICIALS
The article presents an analysis of the results of a survey of law enforcement officials of the Republic of Crimea and the city of Sevastopol on the investigation of fraud committed in the sphere of real estate circulation. This analysis is based on official criminal statistics, a study of the specifics of criminal activity for the illegal appropriation of other people’s property and its redistribution by criminal communities in the Crimean region of the Russian Federation.
Keywords: fraud, fraud in the field of real estate circulation, methods of committing fraud, interaction, questioning of law enforcement.
Bibliographic list of articles
1. Federal constitutional law of March 21, 2014 No. 6-FKZ “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation – the Republic of Crimea and the federal city of Sevastopol.” [Electronic resource]. – Access mode: https://base.garant.ru/70618342/ (date of access: 01/16/2023).
2. Extended meeting of the board of the Ministry of Internal Affairs of Russia. Speech by the President of the Russian Federation V.V. Putin dated March 20, 2022 [Electronic resource]. – Access mode: http://kremlin.ru/events/president/transcripts/70744 (access date: 11/17/2023).
3. Statistics and analytics // Official website of the Ministry of Internal Affairs of the Russian Federation. 2019-2020. [Electronic resource]. – Access mode: https://mvd.rf/folder/101762 (access date: 02/10/2023).
CRIMINAL LAW
SIPYAGIN Nikolay Alexandrovich
magister student of the 2nd course of the Institute of Public Law and Management of the O. E. Kutafin Moscow State Law University (MSAL)
ON SOME PROBLEMATIC ASPECTS RELATED TO THE DEFINITION OF THESIGNS OF THE SUBJECTIVE SIDE IN THE CONTEXT OF CRIMES UNDER ART. 228 AND 2281 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article is devoted to the consideration of controversial issues related to the definition of the signs of the subjective side, on the example of crimes under Art. 228 and 2281 of the Criminal Code of the Russian Federation. The main objective of the article is to highlight the existing views on the problem of the mental content of crimes and to formulate proposals to overcome the existing contradictions between the general provisions of criminal law and the practice of its application.
The author paid attention to the crimes under Articles 228 and 2281 of the Criminal Code of the Russian Federation for several reasons: first – both crimes are formal, and therefore it is worth to dwell separately on the issues of the possibility of other types of intent in them, in addition to direct intent; second – crimes in the field of illicit drug trafficking are among the most widespread, and the lion’s share of all committed violations of this category falls on Articles 228 and 2281 of the Criminal Code of the RF; the third reason is connected with discrepancies between judicial practice and the system of rules developed by science for qualification of crimes on the signs of the subjective side, which arose as a result of the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances.”
Keywords: subjective imputation, guilt, motive, purpose, intent, indirect intent, sale, acquisition of narcotic drugs
Bibliographic list of articles
1. Volkov B. S. The problem of will and criminal liability. P. 27.
2. Dubovichenko S.V. Intentional form of guilt in criminal law: Monograph. Moscow: Prospekt, 2021.
3. Dubovichenko S.V. Definite and indefinite intent: division criteria and qualification rules // Bulletin of the Volga University named after. V. N. Tatishcheva. 2009. No. 70. pp. 113-116. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/opredelennyy-i-neopredelennyy-umysel-kriterii-deleniya-i-pravila-kvalifikatsii
4. Dagel P. S., Kotov D. P. Subjective side of the crime and its establishment. Scientific ed.: Gorsky G.F. Voronezh: Voronezh Publishing House. University, 1974. pp. 40-41.
5. Kovalenko T. S. The principle of subjective imputation and problems of its implementation in crimes with two forms of guilt. dis. …cand. legal Sci. Vladivostok, 2016. P. 15
6. Kuznetsova N.F. Selected works. Moscow: Legal. Center Press, 2003. pp. 47-67
7. Lopashenko N. A., Golikova A. V., Kobzeva E. V., Kovlagina D. A., Lapunin M. M., Khutov K. M. Public danger of crime: concept and verification criteria. Saratov State Law Academy, Saratov. Law Enforcement 2020. Vol. 4. No. 4. pp. 124-140
8. Pankov I.V. Theoretical aspects of intentional guilt under Russian criminal law // News of the Russian State Pedagogical University named after. A. I. Herzen. 2008. No. 65. P. 258 @@ S. V. Dubovichenko. Intentional form of guilt in criminal law. Monograph. M.: Prospekt. 2021. P. 11.
9. Piontkovsky A. A. The doctrine of crime in Soviet criminal law: a course of Soviet criminal law. A common part. M.: Gosizdat, 1952. P. 230.
10. Rarog A.I. Problems of qualification of crimes based on subjective criteria: Monograph. M.: Prospekt, 2016.
11. Rarog A.I. Subjective side and qualification of crimes. M.: Vocational education, 2001. P. 11.
12. Tarkhanov I. A., Gaifutdinov R. R. Subjective side of crime and reflection of its signs in criminal legislation // Scientific notes of Kazan University. Humanities Series. 2020. T. 162. Book. 2. pp. 161-176.
13. Criminal law of the Russian Federation. General part / ed. A. I. Martseva. Omsk, 2006. P. 130;
14. Criminal law of Russia. General part / Ed. N. M. Kropacheva, B. V. Volzhenkina, V. V. Orekhova. St. Petersburg, 2006. P. 460.
15. Criminal law of Russia. General part / Ed. F. R. Sundurova and I. A. Tarkhanova. M., 2009. P. 288; Russian criminal law. General part / Ed. V. P. Konyakhin and M. L. Prokhorova. M., 2014. P. 213.
16. Shiryaev A.Yu. On the possibility of indirect intent in crimes with a formal composition // Russian Legal Journal. 2016. No. 5 (110). pp. 150-155.
17. Russian criminal law. General part / Ed. V. P. Konyakhin and M. L. Prokhorova. M., 2014. P. 213.
CRIMINAL LAW
ZAKHAROV Ashur Richardovich
postgraduate student of the South-Russian Institute of Management – branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federationderation; secretary of the court session, Rostov-on-Don garrison military court
ON SOME CONTROVERSIAL ASPECTS OF THE QUALIFICATION OF CRIMINAL ACTS UNDER ART. 222 OF THE CRIMINAL CODE
At the current stage of the development of Russian society, law enforcement agencies are increasingly raising the issue of an increase in illegal arms trafficking. In this regard, this article analyzed the points of view of authors from the scientific community and the practice of applying Part 1 of Art. 222 of the Criminal Code. A number of points problematic arose during the qualification of a criminal act for the storage, carrying and transportation of weapons, author’s options for the qualification of the deed were proposed.
Keywords: firearms, its main parts, ammunition, illegal arms trafficking, problems of qualification, storage, carrying, transportation.
Bibliographic list of articles
1. Robak V.A. Selected issues of qualification of a crime under Art. 222 of the Criminal Code of the Russian Federation // Scientific notes of the Crimean Federal University named after V.I. Vernadsky Legal sciences. – 2021. – T. 7 (73). – No. 2. – P. 313-319.
2. What is property rights // SPS ConsultantPlus. 2023.
3. Denisov D. M. Problems of qualification of crimes in the field of illegal trafficking of weapons, ammunition and explosives // Collection of scientific papers of the All-Russian scientific and practical conference “Formation and development of the legal profession: the legacy of generations (dedicated to the memory of front-line lawyers).” – Tambov, 2021. – P. 237.
CRIMINAL LAW
KURLYSHEV Andrey Olegovich
magister student of the 2nd course of the Far-Eastern Federal University, Vladivostok
IS ACADEMIC DISHONESTY OF STUDENTS A FACTOR THAT PROMOTES CORRUPTION?
This article analyzes the answer to the question posed in the title of the topic. A study is conducted of the very concept of “academic dishonesty”, its consequences in the form of deterioration of the educational system, moral and business qualities of students as future specialists. The article also provides measures that could counter this phenomenon.
Additionally, the article provides sample questions for surveying students about academic dishonesty. The questions are analyzed, how to ask and formulate them correctly, since incorrect presentation of the question or its incorrect formulation can lead to distortion of the results or to refusal of interviewing.
Keywords: academic dishonesty, corruption, students, questionnaires, interviews.
Bibliographic list of articles
1. HSE Student Code of Academic Ethics. [Electronic resource]. – Access mode: https://www.hse.ru/mirror/pubs/share/189834921?ysclid=lppisqxsfs353575731.
2. Makarova M. N., Vakhrushev R. V. Corruption in higher education and academic ethics // Higher education in Russia. – 2014. – No. 12. – P. 56.
CRIMINAL LAW
PLATITSYNA Lyubov Andreevna
student of the 5th course of the Specialization in “Judicial and Prosecutorial Activities” of the Institute of the Prosecution of the O. E. Kutafin Moscow State Law University (MSLA)
THE PROBLEM OF DECRIMINALIZATION OF THE CRIME STIPULATED BY ARTICLE 146 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: THEORETICAL AND LEGAL ASPECT
The article addresses the issue of decriminalizing the crime provided for by Article 146 of the Criminal Code of the Russian Federation. It concludes that it is necessary to follow the path of humanizing of criminal legislation in the absence of clear criteria for its establishment for the considered composition in recent years, as well as taking into account the opinions of law enforcement practitioners.
Keywords: humanization, decriminalization, intellectual property, copyright, crime.
Bibliographic list of articles
1. Bliznets I. A., Vitko V. S. Character as an object of copyright protection in Russian legislation. –M.: LAWYER, 2022. – 144 p.
2. Vitko V. S. The concept of plagiarism as a negative social and legal phenomenon // Intellectual property. Copyright and related rights. – 2023. – No. 4. – P. 71-79.
3. Makagonova N.V. Current problems in the field of criminal liability for copyright infringement // Intellectual property. Copyright and related rights. – 2022. – No. 7. – P. 71-76.
4. Nechaev A.D. Typology of (de)criminalization (review of domestic lawmaking) // Russian justice. – 2017. – No. 2. – P. 59-62.
5. Tilling E. M. Cloning business solutions. How to protect against leakage of ideas and stop them from being illegaluse // Intellectual property. Copyright and related rights. – 2022. – No. 1. – P. 57-61.
6. Shestak V.A. Current problems of ensuring criminal legal protection of copyright // Lawyer’s practice. – 2019. – No. 3. – P. 44-49.
7. Wenjing Wang. Criminal law-based copyright protection with entrepreneurial spirit // Front. Psychol. – 2022. – Vol. 13.Sec. Organizational Psychology https://doi.org/10.3389/fpsyg.2022.944122 (accessed November 14, 2023).
8. Miriam Marcowitz-Bitton. Orit Fischman Afori. Hillel Billauer. GEORGE MASON LAW REVIEW. The Future of Criminal Enforcement of Copyright: The Promise of Civil Enforcement, 2023. – 463 p.
CRIMINAL PROCEDURE
ABDURAGIMOV Zamir Mikailovich
magister student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE ROLE OF A LAWYER IN CRIMINAL PROCEEDINGS
The article provides an analysis of the role of a lawyer in criminal proceedings in Russia. The subject of the study was the norms of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, as well as the Federal Law “On Advocacy and Advocacy in the Russian Federation”. As a result of the research conducted, the authors conclude that such a tool for providing legal assistance as a lawyer’s request cannot be fully used by a lawyer in protecting the interests of clients, since the current legislation establishes a number of restrictions on certain information, referring them to confidential information.
Keywords: lawyer, defender, criminal proceedings, protection of rights and legitimate interests, preliminary investigation, judicial proceedings.
Bibliographic list of articles
1. Strogovich M. S. Course of Soviet criminal procedure [Text]. – M.: Publishing house “Nauka”, 1968. – 468 p.
2. Ivanov D. S. Lawyer as a subject of proof in criminal proceedings in Russia // Questions of Russian justice. – 2021. – No. 11. – P. 408-419.
3. Makashova T. P. Functions of a lawyer-representative in criminal proceedings: types and features // Legal order: history, theory, practice. – 2021. – No. 2. – P. 116-121.
4. Makarov S. Yu. Problems of sending a lawyer’s request // Electronic resource. [Electronic resource]. – Access mode: https://www.advgazeta.ru/mneniya/problemy-napravleniya-advokatskogo-zaprosa/ (date of access: November 28, 2023).
5. Ignatieva V. A., Kuksa A. Yu. Legal regime of tax secrecy and problems of its implementation // Alley of Science. – 2020. – T. 2. – No. 4 (43). – P. 430.
CRIMINAL PROCEDURE
BALOVINA Irina Valerjevna
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
THE NEED FOR A PROCEDURAL SETTLEMENT OF CROSS-EXAMINATION AS A VERIFICATION ACTION AT THE STAGE OF INITIATION OF A CRIMINAL CASE
The article examines the cross-examination used by investigators and interrogators in practice as one of the forms of such other procedural action as obtaining an explanation that are not regulated by the domestic criminal procedure law. Cross-examination, being a non-procedural way of obtaining factual data, is used during a pre-investigation check on a reported crime and is aimed at eliminating contradictions in the testimony of previously separately interviewed persons in order to establish the presence or absence of signs of a crime. The study indicates the need to consider the issue of regulatory regulation of this verification action.
Keywords: cross-examination, other procedural action, confrontation, explanation, pre-investigation check, stage of initiation of a criminal case, criminal process.
Bibliographic list of articles
1. Balakshin V. S. Admissibility of evidence: concept, legal nature, meaning, assessment algorithm: scientific and practical. village – Ekaterinburg: Publishing house UMC UPI, 2013. – P. 217.
2. Davletov A. A. Initiation of a criminal case. Samples of procedural documents. Comments: educational-practical. village – Ekaterinburg: Ekaterinburg Higher School of the Ministry of Internal Affairs of Russia, 1994. – P. 8.
3. Karetnikov A. S., Karetnikov S. A. Purpose of the stage of initiating a criminal case: declared and actual // Russian investigator. – 2015. – No. 23. – P. 19.
4. Stelmakh Yu. V. Explanations in criminal proceedings: legal nature, procedural order of receipt, evidentiary value. Bulletin of Udmurt University. Economics Seriesand right. – 2016. – T. 26. – Issue. 5. – P. 153.
CRIMINAL PROCEDURE
BILYAEV Vladimir Alexandrovich
Ph.D. in Law, associate professor, professor of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
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
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
GUTNIK Oksana Vladimirovna
Ph.D. in Law, associate professor, professor of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
PROBLEMS OF QUALIFICATION AND PROOF OF BRIBERY IN AN OPERATIONAL EXPERIMENT
The article examines the problems of qualifying the actions of a bribe-taker in the conditions of an operational experiment. The authors state that in each case of conducting an operational experiment, information reflecting the circumstances of the preliminary interaction between the parties to a corruption transaction, including information on the amount of illegal material remuneration, must be previously collected. The conclusion is also formulated that in the case of a thank-you bribe, in cases where the intent of the bribe-taker is uncertain in terms of the amount of illegal remuneration, the crime should be considered completed not from the moment of transfer and receipt of the bribe, but from the moment the bribe-taker receives a real opportunity to dispose of the accepted illegal remuneration.
Keywords: corruption deal, operational experiment, bribe size, bribe recipient, gratitude bribe, corrupt service, undetermined intent.
Bibliographic list of articles
1. Criminal law. Special part: textbook for bachelors / Ed. A. I. Chuchaeva. – 3rd ed., trans. and additional – Moscow: Prospekt, 2018. – P. 8.
2. Dictionary of the Russian language: In 4 volumes / RAS, Institute of Linguistics. research; Ed. A. P. Evgenieva. – 4th ed., erased. – M.: Rus. language; Polygraph resources, 1999.
3. Shadrin I. A., Bilyaev V. A. The problem of qualifying the actions of a bribe-taker with uncertain intent regarding the size of the bribe // Law and State: Theory and Practice. – 2023. – No. 10 (226). – pp. 453-455.
CRIMINAL PROCEDURE
BIRUK Marina Sergeevna
lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
INVOLVEMENT AS AN ACCUSED: REQUIREMENTS OF THE CRIMINAL PROCEDURE LEGISLATION FOR MAKING A DECISION IN ACCORDANCE WITH ARTICLE 172 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The article examines the procedure for making a decision on involvement as an accused in accordance with the requirements of the Criminal Procedure Code of the Russian Federation, gives an algorithm of actions to the investigator when drafting a decision on involvement as an accused, analyzes the structural elements of the decision on involvement as an accused, identifies typical practical mistakes of a law enforcement officer when drafting a decision as an accused, gives specific recommendations on their prevention.
Keywords: the accused, involvement as an accused, the formula of the charge, the wording of the charge, the form of the charge
Bibliographic list of articles:
1. Criminal Code of the Russian Federation: [federal. Law of June 13, 1996 No. 63-FZ: ed. from 09.24.2022.] // Access from reference. -legal system Garant. – Text: electronic.
2. Criminal Procedure Code of the Russian Federation: [federal. Law of December 18, 2001 No. 174-FZ: ed. from 10/07/2022 // Access from reference. -legal system Garant. – Text: electronic.
3. Kudryavtsev V.N. General theory of classification of crimes. – 2nd ed., revised. and additional – M., Yurist, 1999. – P. 5.
4. Makarov S. D. Changing the classification of crimes in judicial proceedings // Criminal law. – 2003. – No. 2. – P. 118.
5. Statistical reports on the work of the investigative units of the Ministry of Internal Affairs in the Republic of Crimea for 2022.
CRIMINAL PROCEDURE
BONDAR Mariya Mikhaylovna
senior lecturer of criminal process sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in Law Enforcement Bodies of the Volgograd Academy of the MIA of Russia
EVSTIFEEVA Ekaterina Petrovna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in Law Enforcement Bodies of the Volgograd Academy of the MIA of Russia
PRODUCTION OF INVESTIGATIVE ACTIONS USING VIDEO CONFERENCING SYSTEMS: PROBLEMATIC ASPECTS OF REGULATORY REGULATION AND LAW ENFORCEMENT PRACTICE
The article is devoted to the consideration of problematic issues that arise for law enforcement officials during investigative actions using video conferencing systems. Based on an analysis of the norms of criminal procedural legislation regulating the possibility of carrying out investigative actions using remote technologies and the practice of their application, the authors identified the main directions for modernizing criminal procedural legislation in the area under consideration, and proposed some ways to improve the norms of the Criminal Procedure Code of the Russian Federation for the most effective conducting an investigation, minimizing investigative errors.
Keywords: investigative actions, interrogation, confrontation, participant in investigative actions, video conferencing.
Bibliographic list of articles
1. Federal Law of December 30, 2021 No. 501-FZ “On Amendments to the Criminal Procedure Code of the Russian Federation” // Reference and legal system “ConsultantPlus”.
2. Brusnitsyn L.V. On the right of the accused to interrogate witnesses testifying against him // Ros. justice. – 2018. – 120 p.
3. Avdonin K.V. Videoconferencing in investigative actions: how to use it correctly. – M., 2022. – 25 p.
4. Appeal ruling No. 697-APU76-45SP dated February 15, 2021 Case of A. I. Klenina and D. V. Smirnov [Electronic resource] access mode: http://publication.pravo.gov.ru/document/1903202210180001, access date 11/28/2023
5. Gaas N. N. The use of video conferencing in the production of investigative actions at the stage of preliminary investigation: changes that practice needs // Russian investigator. – 2021. – No. 12. – P. 12.
CRIMINAL PROCEDURE
GADADOV Israfil Saidovich
postgraduate student of the 4th year of education of the Russian State University of Justice
INTERNAL CONVICTION OF THE JUDGE IN THE EVALUATION OF EVIDENCE IN THE TRIAL OF CRIMINAL CASES
The article examines the essence of such an element of evidence by a judge as his inner conviction. The article reflects the opinion of theorists about the evaluation of evidence by internal conviction. The concept of the judge’s inner conviction as a result of a free evaluation of evidence is analyzed, its role and significance for the ruling of a lawful, reasonable and fair sentence is shown. By means of scientific methods, it is determined what role the judge’s inner conviction plays in the proof process.
Keywords: criminal procedure, evidence, evaluation of evidence, freedom of evaluation of evidence, internal conviction of the judge.
Bibliographic list of articles
1. Belkin R. S. Collection, research and evaluation of evidence: essence and methods. – M.: Nauka, 1966. – P. 65
2. Pashkevich P. F. Objective truth in criminal proceedings. – M.: Gosyurizdat, 1961. – P. 49.
3. Ulyanova L. T. Subject of proof and evidence in the criminal process of Russia. – M., 2008. – P. 34., Strogovich M. S. Course of Soviet criminal procedure. T. 1. M., 1968. – P. 164., Criminal procedural law of the Russian Federation: textbook / Ed. P. A. Lupinskaya. – M.: Lawyer, 1995. – P. 132.
4. Course in criminal procedure / Ed. L.V. Golovko. 2nd ed., rev. – M.: Statute, 2017. – P.469.
5. Artamonova E. A., Firsov O. V. Fundamentals of the theory of evidence in the criminal process of Russia: textbook. allowance. – 4th ed., rev. and additional – M.: Norma: INFRA-M, 2014. – P. 95.
6. Determination of the Constitutional Court of the Russian Federation dated July 12, 2005 No. 323-O “On the refusal to accept for consideration the complaint of citizen Vladislav Igorevich Sheichenko about the violation of his constitutional rights by Articles 17, 88, 234 and 235 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”.
7. Chufarovsky Yu. V. Legal psychology: textbook. 3rd ed., revised. and additional – M.: Prospekt, 2006. – P. 460.
8. Strogovich M. S. Basic issues of assessing evidence in criminal proceedings // Soviet justice. – 1936. – No. 22. – P. 5.
9. Vyshinsky A.Ya. Problems of assessing evidence in Soviet criminal proceedings // Soviet justice. – 1936. – No. 23. – P.5.
10. Ratinov A. R. Theory of evidence in Soviet criminal proceedings. – M.: Legal. lit., 1973. – pp. 474-475.
11. Kuznetsov N. P. Proof and its featuresand stages of the criminal process in Russia: dis. … doc. legal Sci. – Voronezh, 1998. – pp. 367-368.
12. Lazareva V. A. Proof in criminal proceedings: educational and practical work. allowance. – M.: Higher. education, 2009. – pp. 66-67.
13. Kudryavtsev V. L. Problems of establishing the truth through the mechanism of proof in the context of the activities of the public prosecutor in court // Journal of Russian Law. – 2006. – No. 2. – P. 6.
14. Burmagin S. V. Compliance of the sentence with the internal conviction of the judge // Siberian criminal procedural and forensic readings. – 2017. – No. 1 (vol. 15). – P. 14
15. Gorevoy E. D. Internal judicial conviction in assessing evidence in criminal cases. – M.: Yurlitinform, 2008. – P. 132.
CRIMINAL PROCEDURE
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminal process sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Academy of the FPS of Russia
INITIATION OF A CRIMINAL CASE ON CRIMES RELATED TO FRIEND TRAFFICKING
Crimes in the field of illicit drug trafficking are committed in conditions of non-obviousness, conspiratorially, often using the Internet. The authors try to highlight the conflict of laws issues that arise in investigative practice when solving issues related to the initiation of criminal proceedings in connection with illicit drug trafficking. Ordinary members of the criminal community are involved in the commission of illicit drug trafficking, the organizers, as a rule, avoid criminal liability for various reasons, including due to the imperfection of criminal and criminal procedure legislation. The application of procedural rules governing the initiation of a criminal case does not cover many situations that take place for ongoing, but multi-episode crimes.
Keywords: investigative practice, illegal drug trafficking, initiation of a criminal case, a single ongoing crime, accomplices of the crime.
Bibliographic list of articles
1. Determination of the Constitutional Court of the Russian Federation dated December 23, 2014. No. 3008-O.
2. Osmanov E.Z. Grounds for bringing a person as an accused // Law and Law. – 2019. – No. 8. – P. 111-113.
3. Erokhin D.V. Some problems of qualification of crimes in the sphere of illegal drug trafficking // Siberian Legal Review. – 2019. – No. 16 (1). – P. 96-102.
4. Otkidach A. O. On the issue of initiating criminal cases against unidentified distributors of narcotic drugs, psychotropic substances or their analogues // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2015. – No. 10. – P. 205-209.
5. Kovtun N.N. Initiating a criminal case against a new person or on the grounds of a new crime: a discretionary right or an imperative duty of the investigative authorities? // Legal science and law enforcement practice. – 2019. – No. 1 (47). – pp. 93-99.
6. Guseinov N. A. Conducting an inquiry by an investigator: conflicts of legislative regulation // Problems of economics and legal practice. – 2015. – No. 3. – P. 129-131.
7. Vlasov P. E. Current problems of qualification and investigation of illegal drug trafficking. – M., 2023. – 104 p.
CRIMINAL PROCEDURE
DYAKONOVA Viktoriya Viktorovna
Ph.D. in Law, associate professor of Judicial activity and criminal process sub-faculty of the V. F. Yakovlev Ural State Law University
CONTROVERSIAL ISSUES OF APPLICATION OF PART 2 OF ARTICLE 111 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The article deals with the problems of law enforcement of Part 2 of Article 111 of the Criminal Procedure Code of the Russian Federation related to the issue of the application of the types of other measures of procedural coercion specified in this norm to participants in criminal proceedings. Also, the problem of the lack of clarity and unambiguity of the legal regulation of the application of other measures of procedural coercion, which entails a misunderstanding of the relevant legal norms, their interpretation and implementation in law enforcement activities, is considered. The article analyzes the current legal situation, identifies the causes of the problem and suggests ways to resolve it.
Keywords: other measures of procedural coercion, problems of legislative technique, problems of law enforcement, interpretation of the norms of criminal procedural law, obligation to appear, drive, monetary penalty.
Bibliographic list of articles
1. Order of the Ministry of Internal Affairs of Russia dated June 21, 2003 No. 438 (as amended on February 1, 2012) “On approval of the Instructions on the procedure for carrying out the drive” // ATP “Consultant Plus” – consultant.ru.
2. Reznik G. Why can’t a monetary penalty be imposed on a defense lawyer? // Russian justice. – 2003. – No. 8. [Electronic resource]. – Access mode: kalinovsky-k.narod.ru
CRIMINAL PROCEDURE
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
DIGITIZATION OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES: SOME WAYS OF IMPROVEMENT
The article provides a brief analysis of the prospects for transferring the process of investigating criminal cases in the Russian Federation to an electronic format. It is noted that the introduction of an electronic form of investigation into the criminal procedural activities of preliminary investigation bodies is not a matter of the near future, but the scientific and legal basis for this process must begin to be prepared now. Some advantages of conducting a preliminary investigation and consideration of criminal cases in electronic format are reflected, and a list of necessary technologies (technical means) is defined for the possibility of introducing the electronic form of criminal cases into the criminal process. Attention is drawn to foreign experience in introducing electronic criminal cases into the criminal process and some proposals are made to improve the legislation of the Russian Federation in this area.
Keywords: criminal process, criminal case, pre-trial proceedings, preliminary investigation, electronic format, digitalization, “electronic case.”
Bibliographic list of articles
1. The Prosecutor General’s Office reported 270 thousand missing criminal cases. [Electronic resource]. – Access mode: https://rg.ru/2015/07/28/prokurori.html (date of access: 04/28/2023).
2. Makarova O. V. Improving legal proceedings by introducing an electronic form of criminal proceedings // Journal of Russian Law. – 2019. – No. 2. – P. 159–168.
3. Federal target program “Development of the judicial system of Russia for 2013-2024”: Decree of the Government of the Russian Federation dated December 27, 2012 No. 1406 // Garant.ru: website. [Electronic resource]. – Access mode: https://base.garant.ru/70292624 (date of access: 04/20/2023).
4. On approval of the Instructions on the conduct of criminal proceedings in electronic format: Order of the Prosecutor General of the Republic of Kazakhstan dated January 3, 2018 No. 2. [Electronic resource]. – Access mode: https://adilet.zan.kz/rus/docs/V1800016268 (date of access: 09.28.2023).
CRIMINAL PROCEDURE
EREMIN Sergey Germanovich
Ph.D. in Law, professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia
NIKONOVICH Sergey Leonidovich
Ph.D. in Law, associate professor, Head of Criminal process sub-faculty of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
KAYRGALIEV Daniyar Vulkairevich
Ph.D. in biological sciences, associate professor, expert of LLC “Expert Technologies and Product Certification”
HISTORICAL ASPECTS OF THE FORMATION OF THE INSTITUTE OF SETTING PROPERTY IN DOMESTIC CRIMINAL PROCEEDINGS
This article discusses the emergence, development and establishment of the institution of seizure of property in domestic criminal proceedings. The analysis of the issue under consideration begins with such legislative acts as the Russian Truth and the Code of Law of Ivan III, and also touches on the period of Peter the Great, Alexander II, the New Economic Policy, as well as modern Russia.
Keywords: seizure of property, institution of seizure of property, formation, history of formation, legislative regulation, judicial investigator.
Bibliographic list of articles
1. Pavlenko A.F. Current issues arising when seizing property. — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (49). – pp. 138-142.
2. Bulatov B.B., Dezhnev A.S. Peculiarities of seizure of securities in criminal proceedings // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (53). – pp. 7-11
3. Gorkina E.V. seizure of property as a tool for ensuring compensationI am the harm caused by the crime. — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (40). – pp. 69-72.
4. Pavlenko A. F. seizure of property: an investigative action or a measure of procedural coercion? — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4 (47). – pp. 144-156.
5. Yutkina S. M., Rostovshchikova O. V. On the seizure of property as a measure of criminal procedural coercion: history, theory, practice. — Text: direct // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2012. – No. 4 (23). – pp. 144-156.
CRIMINAL PROCEDURE
ZAPIVALOV Dmitriy Alexandrovich
Ph.D. in Law, Head of Criminal process and criminalistics sub-faculty of the Perm Institute of the FPS of Russia
IZOSIMOV Vadim Sergeevich
Ph.D. in Law, associate professor of Criminal law, criminology and criminal process sub-faculty of the Nizhny Novgorod branch of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
SHAMSHINA Olga Sergeevna
lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
HOUSE SEARCH: PROBLEMATIC ISSUES OF CRIMINAL PROCEDURE REGULATION AND PRACTICAL PRACTICE
The article discusses aspects of the legal regulation of the procedural procedure for conducting a search in a home. The law enforcement practice is analyzed, special attention is paid in the article to the imperfections of the procedural regulation of the search in housing in cases of urgent delay. The algorithm of the investigator’s action and possible ways to solve problems arising from the application of norms regulating the conduct of a search in a home are proposed.
Keywords: search, urgent investigative action, criminal proceedings, house search.
Bibliographic list of articles
1. Khorsheva V.S. On some aspects of the interaction of the investigator, interrogator with the operational services of the internal affairs bodies during the investigation of crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48). – pp. 166-173.
2. Zhirova M. Yu., Kondratyuk S. V. Disadvantages of procedural regulation of searches in the light of ensuring the protection of human rights and freedoms // Humanitarian Balkan Studies. – 2019. – T. 3. No. 4 (6). – pp. 94-97.
3. Kalnitsky V.V. Using the results of operational investigative activities as a basis for carrying out investigative actions // Legislation and practice. – 2022. – No. 1 (48). – pp. 48-53.
4. Osipov A.V. Structure of the factual grounds for conducting a search // Criminalist. – 2022. – No. 4 (41). – pp. 92-97.
5. Vinogradova S. L. Video recording as an alternative to the institution of witnesses // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (62). – pp. 51-56.
CRIMINAL PROCEDURE
KOZLOV Vyacheslav Viktorovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
ISSUES OF THE IMPLEMENTATION OF CERTAIN CONSTITUTIONAL RIGHTS OF CITIZENS DURING THE SEIZURE AND EXAMINATION OF MOBILE TELEPHONE DEVICES DURING THE VERIFICATION OF A CRIME REPORT
The article deals with issues related to the criminal procedural aspects of the seizure and examination of a mobile phone. In particular, issues such as seizure and examination when a crime is reported are considered. The author analyzes various opinions regarding the need for a court decision by an investigator, an interrogating officer to information found in mobile phones. Indicates the intended implementation of legal regulation and law enforcement practice with the implementation of constitutional principles for the protection and defense of the rights and freedoms of man and citizen in criminal proceedings.
Keywords: verification of a crime report, stage of initiating a criminal case, seizure, examination, mobile telephone device, smartphone, rights of participants in criminal proceedings.
Bibliographic list of articles
1. Apostolova N. N. Personal rights in criminal proceedings in the era of digital technologies // Court administrator. – 2022. – No. 2. – P. 35-38.
2. Bagmet A. M., Skobelin S. Yu. Limits of restrictions on the constitutional rights of citizens during the inspection of cell phones of participants in criminal proceedings // Criminal Law. – 2017. – No. 6. – P. 97-103.
3. Bikmiev R. G., Burganov R. S. Removal and inspection of electronic devices // Criminal law. – 2018. – No. 1. – P. 125-131.
4. Bravilova E. A. Inspection of the scene of an incident as a method of confiscating objects and documents before initiating a criminal caseabout cases // Judicial power and criminal procedure. – 2020. – No. 1. – P. 44-52.
5. Vasyukov V.F., Bulyzhkin A.V. Some features of the inspection of cellular communications equipment during the investigation of criminal cases // Russian investigator. – 2014. – No. 2. – P. 3.
6. Gaas N. N. Inspection of a seized mobile device: problems of law enforcement // Bulletin of the Ural Legal Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 4. – P. 28-32.
7. Grachev S. A. The secret of telephone conversations in the legal positions of the highest judicial authorities of Russia: conflict of interpretations // Laws of Russia: experience, analysis, practice. – 2020. – No. 2. – P. 81-85.
8. Kalnitsky V.V. Reclamation of documents and objects at the stage of initiating a criminal case // Legislation and practice. – 2015. – No. 2. – P. 64-71.
9. Konovalov S. G. Use of digital data stored on the phone in criminal proceedings: pressing issues and ways to solve them // Law. – 2021. – No. 11. – P. 128-138.
10. Klevtsov K.K., Kvyk A.V. Seizure and inspection of information located in the electronic memory of subscriber devices // Legality. – 2020. – No. 12. – P. 56-60.
CRIMINAL PROCEDURE
KRUPNOVA Elizaveta Andreevna
senior lecturer of Fire training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
DORONIN Kirill Nikolaevich
senior lecturer of Fire training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
GVOZDEV Alexey Konstantinovich
senior lecturer of Fire training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
FATHIEV Damir Maratovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMATIC ASPECTS OF THE ADMISSION OF A DEFENDER AT THE STAGE OF PRELIMINARY INVESTIGATION
This article reveals the role of the lawyer’s participation in criminal proceedings. The author reveals the problems of such an aspect as the admission of a defender at the stage of preliminary investigation, and also distinguishes the concepts of “defender” and “lawyer”, defining them as a whole and a part. The paper pays special attention to the key problems that arise when ensuring the right to protection of suspects, and also offers recommendations for their solution.
Keywords: preliminary investigation, defender, the right to protection, the suspect, lawyer, criminal procedure legislation.
Bibliographic list of articles
1. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ // “Collection of Legislation of the Russian Federation”, December 24, 2001, No. 52 (Part I), Art. 4921.
2. Resolution of the Constitutional Court of the Russian Federation of January 28, 1997 No. 2-P “In the case of verifying the constitutionality of part four of Article 47 of the Criminal Procedure Code of the RSFSR in connection with complaints from citizens B.V. Antipov, R.L. Gitis and S. V. Abramov” // Rossiyskaya Gazeta. 1997.
3. Kudryavtsev V.L. Some problematic issues of admission as defenders of lawyers and other persons in criminal proceedings of the Russian Federation // Eurasian Advocacy. 2018. No. 1. P. 28-29.
4. Determination of the Constitutional Court of the Russian Federation dated April 10, 2002 No. 105-O “At the request of the Blagoveshchensk City Court of the Amur Region to verify the constitutionality of part four of Article 47 of the Criminal Procedure Code of the RSFSR” // Bulletin of the Constitutional Court of the Russian Federation. 2002. No. 6.
5. Review of judicial practice of the Supreme Court of the Russian Federation for the 4th quarter of 2019 // Bulletin of the Supreme Court of the Russian Federation. 2020. No. 1. P. 20.
CRIMINAL PROCEDURE
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of Preliminary investigation sub-faculty of the Educational and Methodological Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
IGNATOVA Ekaterina Alexandrovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Novorossiysk branch of the Krasnodar University of the MIA of Russia
PECULIARITIES OF DRAFTING A RESOLUTION ON THE INITIATION OF A PETITION FOR THE ELECTION OF A PREVENTIVE MEASURE IN THE FORM OF HOUSE ARREST
This article examines the specifics of drafting a resolution on the initiation of a petition for the election of a preventive measure in the form of house arrest. The importance of its correct and competent composition is investigated. After all, poor-quality drafting of procedural documents entails the need for the court to take additional measures to fill in existing gaps or inaccuracies, which ultimately affects the decision taken in the end, as well as thedecline in the image of the preliminary investigation bodies. Special attention is paid to practical recommendations on the rules for drafting the resolution in question.
Keywords: criminal case, investigator, resolutions on the initiation of a petition for the election of a preventive measure in the form of house arrest, suspect, conditions, grounds.
Bibliographic list of articles
1. Judicial statistics of the Russian Federation 2018-2021. Criminal proceedings. Consideration of petitions during investigative actions. Date Views 11/28/2022 stat.xn-7sbqk8achja.xn--p1ai/stats/ug/t/15/s/13.
2. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2018. No. 3 (46). pp. 116-121.
3. Biryukov S. Yu. Activities of the investigator at the scene of an incident: procedural and organizational aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2019. No. 1 (48). pp. 92-98.
CRIMINAL PROCEDURE
MIKHAYLOV Vyacheslav Sergeevich
senior lecturer of Criminal process and criminology sub-faculty of the Samara Law Institute of the FPS of Russia
THE USE OF ARTIFICIAL INTELLIGENCE IN OPERATIONAL INVESTIGATIVE ACTIVITIES
This article discusses the current problems of the theory and practical application of artificial technologies in operational investigative activities. The author analyzes the legal basis and puts forward measures aimed at improving operational investigative activities and legislation. The urgency of the problem of artificial technologies in operational investigative activities is explained by the rapid development of information technologies and their impact on modern society. Operational investigative activities based on the collection, analysis and use of information are now facing new challenges and opportunities associated with the use of artificial intelligence, machine learning and other technologies.
Keywords: operational investigative activity, artificial intelligence, technologies, devices, innovations.
Bibliographic list of articles
1. Alikperov Kh. D. Global remote control of crime: admissibility, opportunities, costs // Criminology: yesterday, today, tomorrow. – 2016. – No. 3. – P. 26-33.
2. Alpeeva O. I., Bushueva A. V. Application of digital technologies and artificial intelligence in crime prevention // Bulletin of the Penza State University. – 2021. – No. 3 (35). – pp. 54-62.
3. Bitov A. A. Some features of the interaction of investigative and operational units of the internal affairs department in identifying, disclosing and investigating drug crimes committed using information technologies // Gaps in Russian legislation. – 2022. – No. 4. – P. 49-53.
4. Gordeev A. Yu. Prospects for the development and use of artificial intelligence and neural networks to combat crime in Russia (based on foreign experience) // Scientific portal of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – pp. 123-135.
5. Koblenko A. Yu. On the prospects for using digitalization // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – pp. 147-152.
6. The investigation is being conducted by AI – Kommersant newspaper No. 209 (6930) dated November 16, 2020. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4574027 (date of access: 11/17/2023).
CRIMINAL PROCEDURE
ROSHKA Mikhail Yakovlevich
senior lecturer of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
CHEREPNENKO Elena Aleksandrovna
Ph.D. in Law, senior lecturer of Criminal law and criminology sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
HISTORICAL AND LEGAL ANALYSIS OF THE EMERGENCE AND DEVELOPMENT OF THE MODERN CONCEPT OF “FRAUD” IN RUSSIAN LEGAL SCIENCE
The article examines the issues of the historical formation and development of the concept of “fraud” in various periods of the development of the state. It is determined that the modern concept of fraud has not always existed in domestic legislation, therefore, its research must be associated with the method of its commission, that is, deception, which has been and remains an integral part of public life. The analysis of the definition of “fraud” enshrined in the criminal codes of the RSFSR is carried out. It is established that with the emergence of new ways of committing crimes, in particular by deception and abuse of trust, responsibility for them should receive mandatory legislative consolidation.
Keywords: fraud, deception, abuse of trust, punishment, criminal code.
Bibliographic list of articles
1. Foinitsky I. Ya. Fraud under Russian law: a comparative study. – St. Petersburg, 1871. – 551 p. – [Electronic resource]. – Access mode: https://viewer.rsl.ru/ru/rsl01003545363?page=3&rotate= 0&theme= white (access date: 11/09/2023).
2. Chistyakov et al. Domestic legislation of the 11th – 20th centuries: A manual for seminars / Ed. Chistyakova. – Part 1. – M.: Lawyer, 1999. – 464 p. – [Electronic resource]. – Access mode: https://search.rsl.ru/ru (date of access: 09.11.2023).
3. Chernykh P. Ya. Historical and etymological dictionary of the Russian language. – T. 1. – M.: Russian language, 1994. – 612 p. – [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Spravochniki/istoriko-etimologicheskij-slovar-sovremennogo-russkogo-jazyka-tom-1/ (date of access: 10/28/2023).
4. Piontkovsky A. A., Menshagin V. D. Course of Soviet criminal law. A special part. – M.: Gosyurizdat, 1955, – T. 1. – 543 p. – [Electronic resource]. – Access mode: http://lawlibrary.ru/izdanie13557.html.
5. Kruglevsky A. N. Property crimes: studies of the main types of property crimes. – St. Petersburg, 1913. – 549 p. – [Electronic resource]. – Access mode: https://viewer.rusneb.ru/ru/000199_000009_003804840?page=1&rotate=0&theme=white (date of access: 10/28/2023).
6. Krieger G. A. Some questions of qualification of theft of socialist property // Soviet justice. – M.: State Publishing House of the RSFSR, 1964. – No. 7. – P. 8-10. – [Electronic resource]. – Access mode: http://lawlibrary.ru/article1155586.html (date of access: 10/28/2023).
7. Criminal Code of the RSFSR of June 1, 1922 – [Electronic resource]. – Access mode: https://docs.cntd.ru/ (access date: 11/08/2023).
8. Criminal Code of the RSFSR as amended in 1926: with amendments and additions until July 1, 1927 / RSFSR. – Ed. official – M.: Legal. Publishing house of the People’s Commissariat of Justice of the RSFSR, 1927. – 36 p. – [Electronic resource]. – Access mode: http://elib.shpl.ru/ru/nodes/82569 (date of access: 09.11.2023).
9. Resolution of the Central Executive Committee of the USSR and the Council of People’s Commissars of the USSR of August 7, 1932 “On the protection of the property of state enterprises, collective farms and cooperatives and the strengthening of public (socialist) property. – [Electronic resource]. – Access mode: https://base.garant.ru/14160828/ (date of access: 09.11.2023).
10. On criminal liability for theft of state and public property. Decree of the Presidium of the Supreme Soviet of the USSR dated June 4, 1947 // “Gazette of the Supreme Soviet of the USSR” 1947 – No. 19. – [Electronic resource]. – Access mode: http://docs.historyrussia.org/ (date of access: 11/10/2023).
CRIMINAL PROCEDURE
SAVIKOVA Yuliya Borisovna
lecturer of Criminal process sub-faculty of the Educational and Methodological Complex for the Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
PROCEDURAL SIGNIFICANCE AND TACTICAL FEATURES OF THE CONFRONTATION
The article analyzes the main aspects of the production of a confrontation, as a rather interesting and complex investigative action. Further, the article describes the procedure, as well as the specifics of the confrontation, as well as the circumstances of the criminal case, from personal experience, according to which the truth was established, as a result of the confrontation between the victim and the suspect.
Keywords: confrontation, investigator, inquirer, investigative action, subject of investigation, testimony, significant contradictions, crime.
Bibliographic list of articles
1. Bastrykin A.I. Forensics. Techniques, tactics and methods of crime investigation: Scientific and practical. allowance 3rd ed., revised. and additional – St. Petersburg: Prospekt, 2011. – P. 275.
2. Criminal Procedure Code of the Russian Federation.
3. Soloviev A. B. Confrontation. Toolkit. – M.: Yurlitinform, 2006. – P. 8.
4. Pobedkin A.V., Yashin V.N. Investigative actions: Monograph. – M.: Yurlitinform, 2016. – P. 144-145.
CRIMINAL PROCEDURE
SMOLYAKOV Anatoliy Anatoljevich
Ph.D. in Law, professor, professor of General legal disciplines sub-faculty of the Leningrad regional branch of the St. Petersburg University of the MIA of Russia
PAVLOV Dmitriy Vladimirovich
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the ANO VO “University at the IPA EurAES”
CHASOVNIKOVA Olga Georgievna
Ph.D. in Law, associate professor of Labor law sub-faculty of the Hero of the Russian Federation Army General E.N. Zinichev St. Petersburg University of the Ministry of EMERCOM of Russia
ON THE QUESTION OF THE SOURCES OF CRIMINAL PROCEDURE LAW OF ANCIENT RUSSIA, IN THE X-XI CENTURIES
This article is dedicated to the historical and legal analysis of the sources of procedural law in Ancient Russia. In the course of the research, the role of legal custom and princely laws in regulating criminal law relations at the stage of the origin of Russian statehood was identified, the main scientific approaches to the “Russian Law” were analyzed.
Keywords: legal custom, criminal procedure, source of law, “Russian Law”, Russian Pravda, Pskov judicial charter.
Bibliographic list of articles:
1. Chernyavsky A. G. Historical school and natural law // Bulletin of the Academy of Law and Management. – 2021. – P. 54.
2. Muromtsev G.I. Mononorm as a stage in the formation of law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – P. 94.
3. Kostogryzov P.I. Community law // Antinomies. – 2019. – P. 77.
4. Khakimova L. R. Legislative sources regulating the imposition of punishments limiting the freedom of the criminal in the customary law of the Eastern Slavs // Bulletin of the South Ural State University. – No. 38. – 2010. – P. 16.
5. Agaev G. A., Safonov V. N., Zorina E. A. Retrospective analysis of the legislative formation of the institution of interrogation in Russia (pre-Soviet stage) // International Law Journal. – 2023. – T. 6. – No. 1. – P. 146-150. [Electronic resource]. – Access mode: https://ilj-journal.ru/wp-content/uploads/2023/01/international-law-journal-t-6-1-2023.pdf.
6. The Charter of Prince Vladimir Svyatoslavich on tithes, courts and church people // History of state-confessional relations in Russia: XX – early XXI centuries. Issue 1. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Istorija_Tserkvi/istorija-gosudarstvenno-konfessionalnyh-otnoshenij-v-rossii-20-nachalo-21-veka-vypusk-1/1.
7. Dyachkova A.I. Court and judicial process on the Pskov judicial charter // Current problems of the humanities and natural sciences. – 2011. – P. 5.
CRIMINAL PROCEDURE
TOROVKOV Alexey Alexandrovich
senior lecturer of Criminal process sub-faculty of the Barnaul Law Institute of the MIA of Russia
KONOVALOV Artem Yurjevich
cadet of the 3rd course of the Faculty of Training Police Officers and Investigators of the Barnaul Law Institute of the MIA of Russia
PROCEDURAL ORDER FOR TERMINATING CRIMINAL PROSECUTION (CRIMINAL CASE) AGAINST A PERSON INVOLVED IN PARTICIPATION IN A SPECIAL MILITARY OPERATION: ALGORITHM OF ACTIONS OF THE PRELIMINARY INVESTIGATION AUTHORITIES
This article is devoted to the analysis of the norms of Federal Law No. 270-FZ dated 06/24/2023 “On the specifics of criminal liability of persons involved in a special military operation.” The authors generally positively assess the adoption of the new federal law and propose a specific procedure for the investigator (inquirer) in case the suspect or accused expresses a desire to use the universal mechanism of exemption from criminal liability. The author’s content of the article proposed for inclusion in the Code of Criminal Procedure of the Russian Federation regulating the termination of a criminal case or criminal prosecution against suspects (accused) involved in a special military operation was formulated.
Keywords: special military operation, suspension of the criminal case, termination of criminal prosecution, exemption from criminal liability.
Bibliographic list of articles
1. Golovko L.V. Application of the law on exemption from criminal liability of participants of the SVO. Legislative issues // Criminal procedure. 2023. No. 11. P. 26-28.
2. Endoltseva A. V. Release from criminal prosecution: from theoretical reasoning to de lege ferenda // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2016. No. 6. P. 56-58.
3. Bill No. 329181-8 On amendments to the Criminal Procedure Code of the Russian Federation. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/329181-8#bh_note (date of access: 11/19/2023).
4. Kalinovsky K.B. What to consider when releasing participants of the SVO from liability // Criminal process, 2023. No. 11. P. 32-33.
5. Klimanova O. V. Voluntariness of concluding a pre-trial cooperation agreement as a condition of its legitimacy // Legal Bulletin of Samara University, 2015. No. 3. P. 132-138.
6. Decree of the President of the Russian Federation of September 7, 2010 No. 1099 “On measures to improve the state award system of the Russian Federation” // Collection of Legislation of the Russian Federation, 2010. No. 37. Art. 4643.
7. Federal Law No. 270-FZ dated June 24, 2023 “On the peculiarities of criminal liability of persons involved in participation in a special military operation”// Collection of Legislation of the Russian Federation, 2023. No. 26. Art. 4678.
8. Federal Law of March 28, 1998 53-FZ “On Military Duty and Military Service” // Collection of Legislation of the Russian Federation. 1998. No. 13. Art. 1475.
9. Tsvetkov Yu. A. Termination of criminal prosecution against a participant in the SVO. Recommendations for the investigation // Criminal process, 2023. No. 11. P. 29-31.
10. Yakubova S. M. Suspension of a criminal case in the event of impossibility of participation of a suspect accused in a criminal case // Penitentiary science. 2015. No. 2 (30). pp. 52-55.
CRIMINAL PROCEDURE
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”
PROSPECTS FOR THE USE OF ANALYTICAL PLATFORMS IN THE ACTIVITIES OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION IN THE ANALYSIS OF STATISTICAL INFORMATION
The paper addresses the issues of using data visualization and analysis tools that allow you to quickly identify trends and patterns in data. High-quality processing and visualization of departmental statistical information, information from open sources provide the opportunity to create information support for managerial decision-making and serve to create data-based management tools. The paper considers an approach to the analysis of statistical information on crimes in the field of information technology registered in the regions of Russia. The analysis uses visualization tools implemented in analytical packages and open source mapping services. The work is aimed at determining the prospects for the application of data analysis in the practical activities of law enforcement agencies, considering the possibilities of using analytical software tools that do not require long-term training and are available for use by a wide range of users .
Keywords: crime in the regions, cybercrime, multidimensional data analysis, data visualization, OLAP cube, penal enforcement system of the Russian Federation.
Bibliographic list of articles
1. Tsarkova E. G. On the issue of using artificial intelligence in legal departments // Eurasian Legal Journal. – 2023. – No. 3 (178). – pp. 385-386.
2. Zorina N. S. The concept of crimes committed with the use of information and telecommunication technologies // Bulletin of the FKU NIIIT FSIN of Russia: Scientific and practical publication. Volume Issue 5. – Tver: FKU NIIIT FSIN of Russia, 2022. – P. 34-37.
3. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Criminal Executive 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. – pp. 45-47.
4. 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.
5. Shaukhalova R. A., Yarychev N. Digital culture of undergraduate students as a competitive advantage of a modern specialist // World of science, culture, education. – 2019. – No. 5. – P. 348-350.
CRIMINAL PROCEDURE
SHAMSHINA Olga Sergeevna
lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE ISSUE OF GUARANTEES OF THE IMPLEMENTATION OF THE PRINCIPLE OF LEGALITY BY THE INVESTIGATOR WHEN INVOLVING A PERSON AS AN ACCUSED
The law enforcement practice is analyzed, special attention is paid in the article to the imperfections of the procedural regulation of the prosecution procedure, which are important in the implementation of the principle of legality by the investigator. The algorithm of the investigator’s action and possible ways of solving problems arising in the investigator’s activity when applying the norms of Chapter 23 of the Code of Criminal Procedure of the Russian Federation are proposed.
Keywords: legality, the principle of legality, criminal proceedings, the accusation, involvement as an accused.
Bibliographic list of articles
1. Pechnikov G. A., Blinkov A. P. Legality as a principle of criminal process // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2011. – No. 3 (18).– P. 130.
2. Kruglikov A.P. Accused: is such a participant needed in the criminal process of modern Russia? // Bulletin of Samara State University. – 2014. – No. 11-2 (122). – pp. 106-113.
3. Gavrilov B. Ya. Current problems of pre-trial proceedings: the vision of a scientist and law enforcer // Current problems of judicial, law enforcement, human rights, criminal procedure and national security: materials of the International Research and Production Committee dedicated to the 50th anniversary of the formation of the department of criminal procedure. Krasnodar, 2022. – pp. 67-76.
4. Polikarpova O. S., Shestakova S. D. Development of the institution of suspicion as a prerequisite for abandoning the institution of bringing charges // Criminal proceedings in Russia and foreign countries: problems and prospects for development: materials of the MNPK. – St. Petersburg, 2021. – pp. 325-329.
5. Lavdarenko L. I., Plesneva L. P. On the significance of the act of attracting a person as an accused // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia: scientific and practical. magazine – Irkutsk, 2022. – No. 4 (103). – pp. 189-197.
6. Kupryashina E. A, Rudov D. N. Some procedural aspects of bringing charges in criminal proceedings in Russia // Problems of law enforcement. – 2022. – No. 4. – P. 6-9.
7. Rossinsky S. B. On the inadmissibility of “pilot” charges in pre-trial proceedings in a criminal case // Siberian Legal Bulletin. – 2021. – No. 4 (95).
8. Tokareva E. V., Khorsheva V. S. Peculiarities of the activities of the prosecutor in the pre-trial stages of criminal proceedings in Russia // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (56). – pp. 140-145.
CRIMINAL PROCEDURE
ABDURAGIMOV Zamir Mikailovich
magister student of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
senior lecturer of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE ROLE OF A LAWYER IN A SPECIAL PROCEDURE OF JUDICIAL PROCEEDINGS
This article examines the role of a lawyer in the consideration of criminal cases according to the rules of Chapter 40 of the Criminal Procedure Code of the Russian Federation. The authors analyzed the grounds and conditions for sentencing without examining the actual circumstances of the criminal case with the consent of the accused with the charge against him. As a result of the research conducted, the authors come to the conclusion that the participation of a lawyer in the trial, even if the accused agrees with the charge against him, is of considerable importance and acts as a kind of guarantor of the objectivity of the verdict passed following the trial.
Keywords: a lawyer, a special procedure for making a court decision, consent to the charge, a criminal trial, a plea bargain.
Bibliographic list of articles
1. Petrukhin I. L. Special procedure for judicial proceedings // Russian justice. – 2005. – No. 7. – P. 25-28.
2. Dubovik N.P. “Plea bargaining” and “special procedure”: comparative analysis. [Electronic resource]. – Access mode: http://base.garant.ru/5133579/ (access date 11/23/2023).
3. Guskova A.P. On the special procedure for making a judicial decision when the accused agrees with the charge brought against him under the Russian criminal procedure law // Russian Judge. – 2002. – No. 10. – P. 14-19.
4. Rybalov K. A. Conditions for the application of a special procedure for judicial proceedings // Modern law. – 2003. – No. 6. – P. 9-14.
5. Ponomarenko S.S. Plea bargains in Russian criminal proceedings // Justice. – 2001. – No. 3. – P. 134-143.
6. Alexandrov A.S. Grounds and conditions for a special procedure for making a court decision if the accused agrees with the charge against him // State and Law. – 2003. – No. 12. – P. 43-52.
7. Velikiy D.P. Special procedure for judicial proceedings: theory and practice // Journal of Russian Law. – 2005. – No. 6. – P. 74-79.
8. Remennykh P.N. Theoretical foundations and practice of applying a special procedure for judicial proceedings: abstract of thesis. dis. …cand. legal Sciences: 12.00.09. – Barnaul, 2006. – 29 p.
CRIMINAL PROCEDURE
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of Preliminary investigation sub-faculty of the Educational and Methodological Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
MIKHAYLOV Pavel Alexeevich
student of the 5th course of the Faculty of Investigator Training of the Volgograd Academy of the MIA of Russia
SOME RELEVANT ASPECTS OF THE COMPARATIVE LEGAL ANALYSIS OF INQUIRY AND PRELIMINARY INVESTIGATION IN PRE-TRIAL PROCEEDINGS IN RUSSIA
In this article, through the study of criminal procedure norms, the most relevant aspects of the application of the institute of inquiry and preliminary investigation are analyzed, since in recent years the opinion has been increasingly expressed in the legal literature about the lack of necessity and logical expediency of the existence of two forms of preliminary investigation, which, according to a sufficient number of procedural scientists, duplicate each other: “the dualism of inquiry and preliminary investigation as two forms of investigation have not only outlived their usefulness, but simply do not have proper theoretical grounds…” [1, p. eleven]. At the stage of investigation of various categories of crimes, with the advent of new complex types of IT crimes, the burden on the preliminary investigation bodies increases, and this problem acquires the greatest practical importance. The article provides some recommendations for improving the institution of inquiry and provides justification for the expediency of its existence.
Keywords: comparative legal analysis, similarities, differences, inquiry; preliminary investigation, pre-trial proceedings in criminal cases.
Bibliographic list of articles
1. Golovko L.V. Kazakhstan: de-Sovietization of the criminal process. Article 2. Unification of pre-trial investigation // Criminal proceedings. – 2012. – No. 1. – P. 11.
2. CoLesnikov K.V. Oblitsov V.A. Yurastov F.V. On the issue of differentiation of the criminal procedural form of inquiry and inquiry in an abbreviated form // Epomen. – 2019. – No. 26. – P. 116-122.
3. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The importance of speech culture in the work of an investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – pp. 116-121.
4. Biryukov S. Yu. Activities of the investigator at the scene of an incident: procedural and organizational aspects // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (48). – pp. 92-98.
5. Malleev S.S. Features that distinguish inquiry from preliminary investigation // Law and Law. – 2019.- No. 10. – P. 104-105.
6. Tangrieva V.N. On the issue of differentiation of the preliminary investigation // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (57). – pp. 184-188.
CRIMINAL PRINCIPAL LAW
POPOV Igor Vadimovich
Ph.D. in pedagogical sciences, Deputy Head of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
ANALYSIS OF THE EFFECTIVENESS OF WORK WITH THE NONLINEAR TRANSITION DETECTOR TO PREVENT UNAUTHORIZED USE OF MOBILE COMMUNICATIONS IN CORRECTIONAL INSTITUTIONS
This article is of great relevance due to the growing number of crimes committed using mobile communications in correctional institutions. To optimize search measures, it is necessary to analyze and summarize trends in scientific and technological progress, opportunities and prospects for the use of search equipment samples in service to strengthen law and order and security in institutions of the penal system. The nonlinear transition detector is designed to search for electronic devices hidden in a sophisticated way, containing semiconductor components that are both on and off. The article discusses the rules and features of working with nonlinear transition detectors, which makes it possible to increase the efficiency of their use and eliminate crimes committed using mobile communications on the territory of correctional institutions.
Keywords: nonlinear transition detector, convicts, an employee of the penal enforcement system, correctional institutions, mobile communication facilities.
Bibliographic list of articles
1. Criminal Executive Code of the Russian Federation dated January 8, 1997 No. 1-FZ (Ed. dated June 24, 2023) // Official Internet portal of legal information (www.pravo.gov.ru) June 24, 2023
On approval of the Internal Rules of Pre-trial Detention Centers of the Penitentiary System, Internal Rules of Correctional Institutions and Internal Rules of Correctional Centers of the Penitentiary System”: Order of the Ministry of Justice of Russia dated July 4, 2022 No. 110, (as amended on August 23, 2023) / / Official Internet portal of legal information (www.pravo.gov.ru) 08/23/2023
2. Shikhanov V. A. Support, organization of searches, inspections in penal institutions and adjacent territories: educational and methodological manual. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2011. – 84 p.
CRIMINAL PRINCIPAL LAW
ASADOV Vatan Vagifovich
Ph.D. in Law, associate professor of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of convicts from society sub-faculty of the Pskov branch of the FPS University of Russia
ON THE PROBLEM OF INCREASING THE EFFECTIVENESS OF THE APPLICATION OF PREVENTIVE MEASURES TO CONVICTS WITHOUT ISOLATION FROM SOCIETY
The article discusses the main directions for improving the effectiveness of preventive measures to convicts without isolation from society. The importance of such work and its impact on ensuring public safety in the Russian Federation are substantiated. The author presents the results of his own research, on which the main provisions of the article and the conclusions of the study are based.
Keywords: penal inspections, punishments without isolation from society, preventive measures, repeated crimes.
Bibliographic list of articles
1. On the Concept for the development of the penal system of the Russian Federation for the period until 2030: order of the Government of the Russian Federation. Federation dated April 29, 2021 No. 1138-r // Collection of legislation of the Russian Federation. 2021. No. 20. Art. 3397.
2. On approval of the Concept for the development of the penal system of the Russian Federation until 2020: order of the Government of the Russian Federation. Federation dated October 14, 2010 No. 1772-r // Collection. Russian legislation Federation. – 2010. – No. 43. – Art. 5544.
3. About the National Security Strategy of the Russian Federation: UKaz of the President of the Russian Federation dated July 2, 2021 No. 400 // SPS “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru.
4. The concept of public safety in the Russian Federation: approved. President of Russia Federation dated November 14, 2013 No. Pr-2685 // ATP “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru.
5. Characteristics of persons registered with penal inspections // Official website of the Federal Penitentiary Service of Russia. [Electronic resource]. – Access mode: http://fsin.rf
6. Review of the results of the activities of penal inspections in 2022. – M., 2023. – P. 2.
CRIMINAL PRINCIPAL LAW
ELTSOVA Alena Olegovna
adjunct of the Faculty of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
FEATURES OF EDUCATIONAL IMPACT ON FEMALE CONVICTS IN CORRECTIONAL INSTITUTIONS
In this article, the author examines the features of educational influence on female prisoners sentenced to imprisonment in correctional institutions, ways of its implementation in institutions executing criminal penalties, and also suggests possible ways to solve a number of problematic issues. The purpose of the work is to study the current legislation in terms of educational impact on prisoners sentenced to imprisonment in order to solve problematic issues arising in the practical activities of correctional institutions, as well as to develop relevant proposals for correcting methods of educational impact, increasing its overall effectiveness and reducing recidivism.
Keywords: crime, recidivism, sad persons, women.
Bibliographic list of articles
1. Brazhnikov D. A., Kobets P. N. Female recidivism: selected issues of prevention by internal affairs bodies // Legal science and law enforcement practice. – 2018. – No. 3 (45). – pp. 75-86.
2. Eltsova A. O. Educational influence on female prisoners sentenced to imprisonment and the institution of probation // Collection of abstracts of speeches and reports of participants in the International Scientific and Practical Conference on the Problems of Execution of Criminal Sentences. Volume 2. Ryazan. –2022. – pp. 722-725.
3. Ezhova O. N. Personality features of women serving sentences in prison // Psychological Sciences. – 2019. – pp. 127-134.
CRIMINAL PRINCIPAL LAW
MUSALEVA Anna Vladimirovna
Ph.D. in Law, associate professor, senior researcher of the Research Institute of the FPS of Russia
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
CRIMINOLOGICAL CHARACTERISTICS OF THOSE CONVICTED OF CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS AS WELL AS ITS ROLE IN EDUCATIONAL WORK WITH THE CATEGORY UNDER CONSIDERATION
The article examines the socio-demographic, criminal-legal and criminal-executive characteristics of those condemning crimes against the sexual integrity of minors. The results of the study substantiate the conclusions about the need to study the personality of convicts of the category in question in order to achieve a positive result of educational work with them.
Keywords: educational work; convict; criminological characteristics, sexual integrity.
Bibliographic list of articles
1. Antonyan Yu. M. Pedophilia and its causes // Scientific portal of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (59). – pp. 48-56.
2. Antonyan Yu. M., Tkachenko A. A., Shostakovich B. V. Pedophilia and ephebolia // Criminal sexology. – M., 1999. – P. 315-338.
3. Ibragimova B.I. Features of criminological characteristics of persons suffering from a disorder of sexual preference (pedophilia) // Law and Law. – 2022. – No. 8. – P. 146-148.
4. Kraft-Ebign R. Sexual psychiatry. With special attention to the perversion of sexual feelings. – M., 2013. – 565 p.
5. Rozvezeva Yu. S. Characteristics of persons who committed crimes against the sexual integrity of minors // Innovative Sciences. – 2017. – No. 3 (2). – pp. 120-124.
CRIMINAL PRINCIPAL LAW
POPOV Igor Vadimovich
Ph.D. in pedagogical sciences, Deputy Head of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
ULENDEEVA Nataliya Ivanovna
Ph.D. in pedagogical sciences, associate professor of Information technology management sub-faculty of the Samara Law Institute of the FPS of Russia
CURRENT ISSUES OF PLANNING AND ORGANIZATION OF LOGISTICAL SUPPORT FOR THE PENITENTIARY SYSTEM IN RUSSIA
The article analyzes the functional content of the logistics processes of the bodies and institutions of the penal enforcement system in order to theoretically substantiate the relevant measures applied to regulate issues of procurement, distribution and timely redistribution of limits received in excess of the norm . The conclusions obtained in the comparative analysis of the literature study contribute to the formation of ideas about the systematic accounting of material resources and the purposefulness of audits of stocks and equipment conducted in penitentiary institutions, during which it is possible to identify in advance the list of material assets necessary for purchase planning and create organizational and financial conditions for performing the supporting function of logistics services.
Keywords: logistics, material and resource support, stocks, allowances, correctional institutions, penitentiary system, types of support, planning, organization.
Bibliographic list of articles
1. Tsibulskaya G.Z., Tomina N.M. Modern aspects of providing material resources to institutions of the penal system // Bulletin of the penal system. – 2022. – No. 6. – P. 70-80.
2. Ferster M.V. Features of modern resource and economic support of the penal system of the Russian Federation // Theory and practice of socio-humanitarian sciences. – 2018. – No. 1 (1). – pp. 124-131. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-sovremennogo-resursno-ekonomicheskogo-obespecheniya-ugolovno-ispolnitelnoy-sistemy-rossiyskoy-federatsii (date of access: 10/11/2023)
3. Kiryanov A. Yu., Grebe D. A. Issues of saving fuel and energy resources and prospects for their use in institutions of the penal system // Theory and practice of socio-humanitarian sciences. – 2018. – No. 1 (1). – pp. 120-124.
CRIMINAL PRINCIPAL LAW
RYBALKIN Vladislav Nikolaevich
adjunct of the Faculty of Training Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
THE LEGAL NATURE OF THE INSTITUTION OF SUBSTITUTION OF PUNISHMENT WITH A MILDER TYPE OF PUNISHMENT
The article analyzes the practice of replacing punishment with a milder alternative form. It provides an overview of this approach, its legal implications, problems and potential solutions. The article examines the various points of view of scientists regarding the problem under study. It is concluded that there is no consensus and understanding among scientists about the legal nature of the institution under study, therefore this article is partly intended to bring uniformity to its understanding. A number of problems have been identified that require consideration at the legislative level. There are no clear criteria in the Criminal Code of the Russian Federation that allow the court to make the right decision. There is no single mechanism for calculating the terms of punishment when replacing imprisonment with a milder form. Because of this, the author proposes to improve the legal regulation of the use of the institution of substitution of punishment with a milder form.
Keywords: the legal nature of the institution of replacing punishment with a milder form
Bibliographic list of articles
1. Baleev S.A., Volkov B.S., Kruglikov L.L. et al. Criminal law of Russia. General part: textbook / Ed. F. R. Sundurova, I. A. Tarkhanova. — 3rd ed., revised. and additional M.: Statute, 2009.
2. Korobov P. Release from punishment: theory and practice // Criminal law. 2007. No. 1
3. Course of Russian criminal law. General part / Ed. V. N. Kudryavtseva, A. V. Naumova. M.: SPARK, 2001.
4. Sizy A.F. Criminal law. A common part. Cheboksary, 2003.
5. Babayan S. L. Issues of replacing the unserved part of the sentence with a milder type of punishment in relation to those sentenced to imprisonment // Man: crime and punishment. 2011. No. 1 (72). pp. 54-57.
6. Matveev S. A., Makarov R. V. Replacement of the unserved part of the punishment with a milder type of punishment: features of the theory and practice of implementation // Series “Historical Sciences. Legal sciences”. 2016. No. 1 (5). pp. 67-72.
7. Tkachevsky Yu. M. Release from serving a sentence. M., 1970. P. 5-6.
8. Mikhlin A. S. Early release from serving a sentence // Problems of improving the criminal law. M., 1984.
9. Ozhegov S.I. Dictionary of the Russian language / Ed. N. Yu. Shvedova. M.: Russian language, 1990.
10. Tarkhanov I. A. Replacement of punishment under Soviet criminal law. Kazan, 1982. P. 46.
11. Urusov A. A. Problems of criminal law regulation of replacement of unserved timeoh part of the punishment with a milder form of punishment // Bulletin of the Kuzbass Institute. 2020. No. 2 (43). pp. 122-133.
12. Geta M. R., Smirnov. A. N. Conditional early release from punishment and replacement of punishment with a milder form: problems of application // Bulletin of the Kuzbass Institute. 2019. No. 1 (38). 185 pp.
CRIMINAL PRINCIPAL LAW
USEEV Renat Zinurovich
Ph.D. in Law, associate professor, Head of the Faculty of Vocational Training and Additional Vocational Education of the Samara Law Institute of the FPS of Russia
THE PROCEDURE FOR THE ACTIVITIES OF INSTITUTIONS AND BODIES THAT CARRY OUT PUNISHMENTS, AS AN ELEMENT OF THE CONTENT OF THE PENAL (FORCED LABOR) LEGISLATION OF THE RUSSIAN FEDERATION (RSFSR)
The article considers the structure of the expression “The procedure for the activities of institutions and bodies that carry out punishments,” enshrined in Article 2 of the Criminal Executive Code of the Russian Federation as an element of the content (subject) of the criminal executive legislation of the Russian Federation.
Taking into account the analysis of the penal legislation of the Russian Federation and the forced labor legislation of the RSFSR of the last third of the 20th century, the author determined the place of the expression in question in these laws, considered the structural components of the expression in question.
From a lexical and legal point of view, the categories “Activity,” “Institutions and bodies that carry out punishments” and “Order” were analyzed.
The definition is given to the expression “The procedure for the activities of institutions and bodies executing punishment and other measures of a criminal law nature.”
Keywords: procedure, activities, institutions and bodies that carry out punishments, measures of a criminal law nature, the content of penal law, the execution of punishments.
Bibliographic list of articles
1. Pinchuk V.I. Law enforcement activities and management documentation in correctional labor institutions: a textbook. – M.: Academy of the Ministry of Internal Affairs of the USSR, 1979. – 116 p.
2. Slobodchikov V.I. Identification and categorical analysis of the normative structure of individual activity // Questions of psychology. – 2000. – No. 2. – P. 42–52.
3. Utkin V. A. Criminal-executive activity and the subject of criminal-executive law // Criminal-executive law. – 2016. – No. 2 (24). pp. 39–43.
4. Ushakov D. N. Explanatory dictionary of modern Russian language. – M.: Adelant, 2014. – 800 p.
CRIMINALISTICS
ALEXEENKO Stanislav Alexandrovich
lecturer of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
SOME PROBLEMS OF USING SPECIAL KNOWLEDGE
The article examines some features associated with the use of special knowledge of an expert and specialist during the investigation of crimes. The author examines the concepts of “special knowledge”, which are used in the Criminal Procedure Code of the Russian Federation when characterizing an expert and specialist. The forms of use of special knowledge, the subjects of their application, as well as emerging problems in the professional sphere have been established. The author also touches upon the problems of using non-traditional methods of special knowledge in the framework of the trial. The status of state and non-state experts has been determined.
Keywords: special knowledge, specialist, expert, procedural, non-procedural forms of using special knowledge, signs of special knowledge, non-state and state expert institutions.
Bibliographic list of articles
1. Eisman A. A. Expert opinion. Structure and scientific rationale. – M., 1967.
2. Nadgorny G. M. Epistemological aspects of the concept of “special knowledge” // Forensic science and forensic examination. – 1980. – No. 21.
3. [Electronic resource]. – Access mode: https://sacralknowledge.info/safonov-vladimir-ivanovich/#kto-obraschalsya-k-safonovu-za-pomoschyu (access date: 09/04/2023).
4. [Electronic resource]. – Access mode: http://psychologylib.ru/books/item/f00/s00/z0000044/st039.shtml (access date: 09/04/2023).
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2010 No. 28 “On forensic examination in criminal cases.” – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_108437/(access date: 09/04/2023).
6. Vershitskaya G.V. Legal features of non-state expert activities // Bulletin of the Volga Academy of Public Service. – 2014. – No. 2(41).
CRIMINALSTICK
AMIROV Ravil Gaisovich
lecturer of Criminalistics sub-faculty of the Kazan Law Institute of the MIA of Russia
EREMCHENKO Vladimir Igorevich
Deputy Head of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
PROBLEMS OF USING MODERN INFORMATION TECHNOLOGIES IN CRIME INVESTIGATION
The article examines the current level of remote forms of theft and the existing mechanisms to counteract them. The problems of legal and technical nature that hinder the process of obtaining evidentiary information when working with computer information are analyzed. The views of foreign criminology on digital evidence are compared, as well as the attitude towards them in domestic criminology is analyzed. Examples of the use of software and hardware for obtaining and researching digital evidence are given.
Keywords: criminalistics, IT crimes, remote theft, investigation, computer information, problems of investigation.
Bibliographic list of articles
1. Statistical data from the GIAC of the Ministry of Internal Affairs of Russia: statistical reporting form 493 “3-EGS” for the period from 2019 to 2022.
2. Order of the Ministry of Internal Affairs of Russia dated April 3, 2018 No. 196 “On some measures to improve the organization of detection and investigation of certain types of theft” // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 10/22/2023).
3. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 10/22/2023).
4. Order of the Ministry of Internal Affairs of Russia dated December 29, 2020 No. 925 “On approval of the Temporary Instructions for the formation, maintenance and use of the “Remote Fraud” subsystem of the software and hardware system “IBD-F”” // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 11/22/2023).
5. Krasnova L. B. On the relationship between the concepts of electronic, digital and computer information in relation to criminal proceedings and criminology // Voronezh Forensic Readings. – 2016. – No. 1 (18). – pp. 70-75.
6. Digital Evidence and Forensics. [Electronic resource]. – Access mode: https://nij.ojp.gov/digital-evidence-and-forensics (access date: 02/19/2019).
7. Nechaeva N. B. Innovations in criminology // Leningrad Legal Journal. – 2013. – No. 2 (32). – pp. 156-162.
8. Burtseva E. V., Rogova I. A. Practice of using UFED – a universal device for forensic research of mobile devices // Eurasian Union of Scientists (ESU). – 2015. – No. 7 (16). – pp. 97-100.
9. Federal Law of the Russian Federation dated July 31, 2020 No. 259-FZ “On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation” // IPO “Garant”. [Electronic resource]. – Access mode: – https://base.garant.ru (date of access: 10/22/2023).
CRIMINALISTICS
GUSEV Alexey Vasiljevich
Ph.D. in Law, professor of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
FORENSIC POSITIONING OF THE MATERIAL-TRACE PICTURE OF THE SCENE UNDER WATER
The article discusses the possibility of using water milestones (floating warning signs) in the process of forensic geo-positioning of the material and trace situation of the scene at the bottom of the reservoir. The need for investigative actions of search and cognitive orientation in the conditions of the hydrosphere requires the formation of fundamentally new approaches to the issue of their technical and forensic support. This also applies to the search for effective ways to determine the geographical location of the objects of the material and trace picture of the scene located at the bottom of the reservoir.
Keywords: criminalistics, forensic technology, investigative actions, the scene of the incident.
Bibliographic list of articles
1. Gross G. Guide for forensic investigators as a system of forensic science. New ed. rebake with ed. 1908 – M.: LexEst, 2002.
2. Geolocation. [Electronic resource]. – Access mode: https://en.wikipedia.org (access date: 10/12/2023).
3. Gusev A.V. Forensic support of investigative examination in the conditions of the hydrosphere // Society and Law. – 2019. – No. 3 (69) @@ Gusev A. V. Modeling an object of investigative inspection in hydrosphere conditions // Society and Law. – 2019. – No. 4 (70) @@ Gusev A. V. The influence of water currents on the conduct of search and cognitive actions in the hydrosphere // Theory and practice of crime investigation [Electronic resource]: materials of the X International. scientific-practical conf. (April 14, 2022) / editorial board: E. S. Danilyan, I. G. Bashinskaya, M. Yu.Lakomskaya et al. Electron. Dan. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2022. 1 electron. wholesale disk.
4. An analogue of GPS has been created for use under water. It doesn’t need a power source. [Electronic resource]. – Access mode: https://naked-science.ru (access date 10/12/2023).
5. What is geographic positioning – TOPOGIS. [Electronic resource]. – Access mode: https://topogis.ru (date of access: 10/12/2023).
6. RU2381518C2 – a device for determining the coordinates of underwater objects – Yandex. Patents. [Electronic resource]. – Access mode: https://yandex.ru (access date: 10/12/2023).
7. Buoy system – RF patent 2029708 – Glukhov Yu. V., Kiselev V. M., Lukyanchikov N. N. [Electronic resource]. – Access mode: https://freepatent.ru (date of access: 10/12/2023).
8. Milestone (naval term) – Wikipedia. [Electronic resource]. – Access mode: https://wikipedia.org (access date: 10/12/2023).
9. Floating navigation equipment signs. [Electronic resource]. – Access mode: https://poznayka. org (accessed 10/12/2023) @@ Floating warning signs. [Electronic resource]. – Access mode: https://studfile.net (access date: 10/12/2023).
10. Determining the distance between objects under water. [Electronic resource]. – Access mode: https://iskonspb.ru (date of access: 10/12/2023).
CRIMINALISTICS
DUBSKIH Pavel Sergeevich
adjunct of the V. Ya. Kikot Moscow University of the MIA of Russia
CURRENT ISSUES OF SEARCH AND COGNITIVE ACTIVITY VIA THE INTERNET IN THE INVESTIGATION OF CRIMES AND ITS ESSENCE
In the conditions of universal digitalization and transition of any kind of human activity to the Internet space, we can talk about its global and undeniable influence on the functioning of all state systems, including the institute of crime investigation. This article presents the most popular forms of use of the Internet by investigators, as well as current problems of the use of computer technology in the field of crime investigation and ways to solve these problems. A proposal is made to form a program for the development of forensic innovations in this direction, the issue of using artificial intelligence in crime investigation is considered and the main obstacles to the introduction of neural networks as a method of achieving investigative goals are highlighted.
Keywords: resource, Internet, source, investigation, crime, information, means, artificial intelligence.
Bibliographic list of articles
1. Berova D. M. Features of the use of computer information from the Internet when investigating crimes in the Russian Federation // Gaps in Russian legislation. Legal journal. – 2020. – No. 2. – P. 147-149.
2. Vekhov B.V., Pastukhov P.S. Formation of crime investigation strategies based on the provisions of electronic forensics // Ex jure. – 2019. – No. 4. – P. 129-141.
3. Kolycheva A. N., Vasyukov V. F.: ed. Volevodza A. G. Investigation of crimes using computer information from the Internet. Tutorial. – Prospect, 2021. – P. 200.
4. Lebedev M. D., Savvoev S. A. The use of artificial intelligence in the investigation of crimes // Questions of student science. – M.: Moscow Academy of the Investigative Committee of the Russian Federation, 2020. – No. 7 (47). – pp. 73-77.
5. Razdoburdin V.V., Shpak N.M. On the possibilities of using modern information technologies in the investigation of crimes // Scientific support of the agro-industrial complex. – 2019. – pp. 1377-1380.
CRIMINALISTICS
DYRMA Sergey Valerjevich
senior lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
ON THE ISSUE OF INTERACTION OF THE INTERNAL AFFAIRS BODIES OF THE RUSSIAN FEDERATION WITH CREDIT ORGANIZATIONS IN THE IMPLEMENTATION OF OPERATIONAL INVESTIGATIVE ACTIVITIES
The article discusses the features of the legal regulation of the interaction of the internal affairs bodies of the Russian Federation with credit institutions. The article describes the current state, as well as prospects for the development of interaction between internal affairs bodies and credit organizations through the prism of improving activities to combat crimes committed using information and communication technologies. The author substantiates the need to improve the regulatory legal regulation of the interaction of the internal affairs bodies of the Russian Federation with credit organizations in the implementation of operational investigative activities.
Keywords: interaction, legal regulation, information and communication technologies, banking secrecy, operational investigative activity.
Bibliographic list of articles
1. On banks and banking activities: Federal Law of the Russian Federation of December 2, 1990 No. 395-1 // SPS “ConsultantPlus” (date of access: 11/01/2023).
2. On operational investigative activities: Federal Law of the Russian Federation of August 12, 1995 No. 144-FZ // SPS “ConsultantPlus” (date of access: 11/01/2023).
3. Gumarov I. A., Sayetgaraev V. F. Some problems of organizing the work of operational units of internal affairs bodies to combat general criminal fraud // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (32). – pp. 224-230.
4. Dyrma S. V. Development of IT Crime as a trigger for improving the activities of internal affairs bodies / Materials of the V All-Russian scientific and practical conference “Ensuring public safety and combating crime: tasks, problems and prospects.” Under the general editorship of S. A. Butkevich. – Krasnodar, 2023. – pp. 113-117.
CRIMINALISTICS
EVLUSHINA Darya Nikolaevna
senior lecturer of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
ON CERTAIN ASPECTS OF THE USE OF DIGITAL TRACES DURING THE INVESTIGATION OF CRIMES IN THE FIELD OF INFORMATION TECHNOLOGY
The article examines certain aspects of the use of digital traces in the investigation of crimes in the field of information technology, in order to identify the perpetrators. The author pays attention to the factors that reduce the effectiveness of detection and investigation of crimes in this category. The work highlights the preventive measures of these acts.
Keywords: digital footprint, crimes, law enforcement agencies, information technology, counteraction, prevention.
Bibliographic list of articles
1. Sidorova K. S. IP address as one of the personal identifiers in the investigation of crimes // Psychopedagogy in law enforcement agencies. – 2018. – No. 3 (74). – pp. 84-86.
CRIMINALISTICS
EREMIN Sergey Germanovich
Ph.D. in Law, professor of Criminalistics sub-faculty of the Volgograd Academy of the MIA of Russia
SAFONOVA Yuliya Sergeevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty of the Volgograd Academy of the MIA of Russia
THE USE OF SPECIAL KNOWLEDGE IN THE INVESTIGATION OF CRIMES AGAINST THE INTERESTS OF THE SERVICE IN COMMERCIAL ORGANIZATIONS
The institute of special knowledge in the context of the preliminary investigation of abuse of authority in commercial and other organizations is seen as particularly relevant, since the very specifics of the encroachment in question (i.e. its pronounced economically oriented nature) naturally determines the impossibility of providing a comprehensive, complete and high-quality investigation by the forces and means of the investigator alone. The involvement of specialists in investigative practice can take place both at the stage of pre-investigation preliminary inspection and at the stage of the actual investigation and can take place in two main forms: operational and consulting (in the format of executing the investigator’s orders and documenting the organization’s activities) or procedural (in the format of various examinations). This article is dedicated to these aspects.
Keywords: special knowledge, expertise, interests of the service, audits, audits.
Article bibliographic listk
1. Kleshchenko Yu. G. On the issue of forensic characteristics of abuse of power (Article 201 of the Criminal Code of the Russian Federation) // Bulletin of Economic Security. – 2021. – No. 2. – P. 267-277.
2. Shmatov V. M., Kuznetsov V. A. Forensic expert activity in the practice of operational units // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (37). – pp. 114-119.
2. Sorokun P.V. Use of special knowledge in the process of investigating corruption crimes in local governments // Epoch of Science. – 2017. – No. 12. – P. 116-125.
3. Yargutova V. Yu. Functional characteristics of a specialist auditor as a subject of knowledge of the circumstances of committing crimes in the economic sphere // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (34). – pp. 370-374.
CRIMINALISTICS
KACHALOV Vladislav Gennadjevich
lecturer of Criminalistics sub-faculty of the Krasnodar University of the MIA of Russia
PLANNING AND ORGANIZATION OF THE INVESTIGATION OF ILLICIT TRAFFICKING IN TOBACCO PRODUCTS
The article discusses the concept of planning and organization, their importance in the investigation of crimes, problems and ways to solve them that arise during the investigation of crimes related to illicit trafficking in tobacco products. Also, the stages of planning, organizational actions and the role of the head in the activities of the team (investigative task force) in the investigation of crimes related to illicit trafficking in tobacco products are considered. The author considers the statistics of the growth of crimes related to the illicit trafficking of tobacco products.
Keywords: planning and organization of investigation, illicit trafficking of tobacco products, team leader (investigative task force).
Bibliographic list of articles
1. Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption or consumption of nicotine-containing products” dated February 23, 2013 No. 15-FZ (latest edition) // SPS ConsultantPlus.
2. Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption or consumption of nicotine-containing products” dated February 23, 2013 No. 15-FZ (latest edition) // SPS ConsultantPlus.
3. Order of the Government of the Russian Federation of April 12, 2020 No. 991-R on the ANO “National Scientific Center of Competence in the Field of Combating Illegal Trafficking in Industrial Products.”
4. [Electronic resource]. – Access mode: https://gisp.gov.ru/pnopp/analyz-rynkov/ezhekvartalnye-obzory/
CRIMINALISTICS
KORNAKOVA Svetlana Viktorovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
SOME ASPECTS OF THE INTERROGATION OF A MINOR
The article discusses some specific features of the interrogation of minors. Attention is focused on the psychological component of this investigative action, its legal, organizational and communicative aspects are noted, and some interrogation situations are analyzed. Tactical techniques affecting the effectiveness of interrogation with the participation of this category of persons are noted, the methods used by the investigator during interrogation in conflict and conflict-free situations are determined. It is pointed out that the importance of studying the psychological aspects of interrogation is undeniable from both practical and scientific points of view. Specific conclusions have been drawn that could improve the efficiency and effectiveness of the interrogation.
Keywords: interrogation of a minor, interrogation tactics, psychological aspects of interrogation, psychological contact, tactical techniques.
Bibliographic list of articles
1. Osipova M. A. Tactical features of interrogation in cases of crimes committed by employees of collection agencies against debtors and their relatives // Siberian criminal procedural and forensic readings. – 2021. – No. 2 (32). – P. 75-88.
2. Shuvalova M.A. A teacher and a psychologist as two independent procedural figures in criminal proceedings // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 3. – P. 118-123.
3. Cheremisina T.V. Current problems of interrogation and confrontation with the participation of minors // Universum: economics and jurisprudence. – 2020. – No. 6. – P. 20-22.
4. Lebedeva Yu. V. The meaning, structure and correlation of the concepts of “psychological contact” and “establishing psychological contact” in the activities of the investigator // Siberian criminal procedural and forensic readings. – 2021. – No. 3 (33). pp. 60-70.
5. Litvintseva N. Yu. Legal representatives of minor participants in criminal proceedings // News of the Baikal State University. – 2017. – T. 27. No. 4. – P. 568-576.
6. Verdict No. 1-19/2021 dated July 25, 2021, Central District Court of Omsk (Omsk Region). [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ (date of access: 10/20/2023).
7. Bezlepkin B. T. Handbook for investigator and interrogator. – M.: Prospekt, 2021. – 256 p.
8. Verdict No. 1-19/2021 dated July 25, 2021, Central District Court of Omsk (Omsk Region). [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/ (date of access: 10/20/2023).
9. Dolzhenko N.I. Features of interrogation of minors in criminal proceedings // Bulletin of Voronezh State University. Series: Law. – 2022. – No. 1. – P. 257-266.
CRIMINALISTICS
KISELEVA Marina Alexandrovna
Ph.D. in Law, associate professor of Criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
GONCHAROVA Maria Anatolyevna
Legal Adviser of the Legal Department of the Ministry of Internal Affairs of Russia in Barnaul
FEATURES OF WORKING WITH BIOLOGICAL TRACES AT THE SCENE OF CRIMES AGAINST SEXUAL INTEGRITY OF THE INDIVIDUAL
The article discusses the main means and methods of detecting, fixing and removing traces of biological origin at the scene of sexual crimes. The attention is focused on the peculiarities of working with traces of blood, semen, human odor traces, and also outlines important aspects of the preliminary investigation of these traces at the scene during the investigative examination. The article identifies the main problems of working with traces of biological nature and suggests ways to solve them.
Keywords: forensic examination, examination of the scene, traces of biological origin, sexual crimes, identification of the person.
Bibliographic list of articles
1. Barshev Ya. I. Foundations of criminal proceedings with application to Russian legal proceedings. St. Petersburg, 1841. 324 pp.
2. Expert conclusion No. 8040 dated 07/02/2021 // Archive of the biological examination department of the Forensic Center of the Main Directorate of the Ministry of Internal Affairs of Russia for the Altai Territory.
3. Kokurin G. A. On some aspects of solving sexual crimes // Russian law: education, practice, science. 2021. No. 2. P. 66.
4. Official website of the Erba Group company. [Electronic resource]. – Access mode: https://www.erbalachema.com/ru/about-the-company/about-erba-group/ (date of access: 11/13/2023).
5. Khitev A.P. Work with traces at the scene of an incident, detection, fixation and seizure // Legal science. 2020. No. 12. P. 61-63.
CRIMINALISTICS
KOKOREV Roman Alexandrovich
Ph.D. in Law, Deputy Head of Criminalistics sub-faculty of the Moscow regional branch of the V. Ya. Kikot Moscow University of the MIA of Russia
STAGES OF FORMATION OF THE MECHANISM OF CRIMES COMMITTED USING INFORMATION TECHNOLOGY
It is extremely difficult to imagine effective work on the investigation of committed crimes using information technology without studying the mechanism of commission of the crimes in question. The main content of the study is an analysis of the stages of formation of the mechanism of crimes committed using information technology. Based on the results of the study, the mechanism of the crimes under consideration consists of the initial, main and final stages
Keywords: crimes committed using information technology, the mechanism of crimes, the stages of formation of the mechanism of crimes, concealment of traces of crime, digital traces of crime.
Bibliographic list of articles
1. Kokoreva L.V. Stages of formation of the mechanism of pickpocketing committed in public and private transport // Forensic scientists and their role in improving the scientific foundations of criminal proceedings: Mater. University anniversary scientific and practical work. conf. (to the 85th anniversary of the birth of R.S. Belkin): In 2 parts – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2007. – Part 1. – P. 525-531.
2. Kustov A. M., Kokoreva L. V. The mechanism of contract killing of a terrorist nature // Problems of pre-trial proceedings under the Code of Criminal Procedure of the Russian Federation: Materials of the interdepartmental scientific and practical conference on May 16, 2013 – Ruza: Moscow regional branch of the Moscow University of the Ministry of Internal Affairs of Russia, 2013. – pp. 78-85.
3. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings: monograph. 4th ed., revised. and additional – M.: Norma, INFRA-M, 2018.
4. Rossinskaya E. R., Saakov T. A. Problems of collecting digital traces of crimes from social networks and instant messengers // Forensics: yesterday, today, tomorrow. – 2020. – No. 3 (15). – P. 118.
5. Sidorova K. S. Directions of search actions of an investigator in the information and telecommunication network “Internet” when investigating crimes // Current problems of crime investigation: Proceedings of the All-Russian Scientific Conference in memory of I. F. Gerasimov, Yekaterinburg, January 31, 2020 / Edited by D V. Bakhteeva. Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 135-143.
CRIMINALISTICS
RUSANOV Nikita Yurjevich
senior lecturer of Criminalistics sub-faculty of the Barnaul Law Institute of the MIA of Russia
YATSENKO Sergey Vasiljevich
Ph.D. in Law, associate professor of Forensic expertise and operational investigative activities sub-faculty of the Faculty of Criminology Training of the St. Petersburg Academy of the Investigative Committee
ON SOME TASKS SOLVED DURING AN INSPECTION OF A SITE OF ILLEGAL LOGGING OF FOREST PLANTATIONS
This article is devoted to certain features of preparation for the inspection of the scene of an incident during the investigation of illegal logging of forest plantations. The main tasks are considered, the solution of which will create the most favorable investigative situation when investigating illegal logging of forest plantations. As a task, the authors pay attention to protecting the site of illegal logging of forest plantations. Attention is paid to attract people with special knowledge from various fields. It is proposed to use the possibilities of using an unmanned aerial vehicle with attached video recording camera equipment.
Keywords: illegal logging of forest plantations, inspection of the scene, specialist, inspection tasks.
Bibliographic list of articles
1. Aleksandrov A. N., Rudov D. N. Organization of the work of the investigator (inquirer) at the scene of the incident in criminal cases of illegal logging of forest plantations // Russian investigator. – 2018. – No. 10. – P. 3-6. – EDN XYMVCP.
2. Barkov V.V., Shpak N.M. Forensic characteristics of illegal logging of forest plantations. In the collection: Scientific support of the agro-industrial complex. Collection of articles based on the materials of the 75th scientific and practical conference of students based on the results of research work for 2019. Rep. for the release A. G. Koshaev. – 2020. – P. 1007.
3. Bordonis T. G., Rudich D. S. Study of tree bark in expert practice // Forensic science and forensic examination. Vol. 6. – Kyiv: Kiev NIISE, 1969. – P. 332-342.
4. Vasilyeva M. A., Lavrov V. P. Problems in the activities of internal affairs bodies in the investigation of illegal logging of forest plantations. In the collection: Strategic development of the Russian Ministry of Internal Affairs system: status, trends, prospects. Collection of articles of the International Scientific and Practical Conference. Under the general editorship of I. G. Chistoborodov, A. L. Sitkovsky, V. O. Lapin. – 2020. – P. 159.
5. Maksimov N.V. Peculiarities of inspection of the scene of the incident during the investigation of illegal logging of forest plantations. In the collection: Global environmental safety: current problems of law and practice. Collection of proceedings of the International Scientific and Practical Conference. Edited by M. M. Mukhlynina, A. I. Nikiforov, S. V. Aramilev, M. V. Saltykova, L. R. Sharifullina. – 2018. – P. 186.
6. Meretsky N. E., Pudovikov A. S., Zherdev P. A. Some problems of the initial stage of investigation of illegal logging of forest plantations. In the collection: Belgorod forensic readings. collection of scientific papers. Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2018. – P. 57.
7. Mungalov E. A. Use of technical means during the inspection of the scene of an incident on facts of illegal logging of forests // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2023. – T. 14. No. 1 (51). – pp. 112-117. – DOI 10.37973/KUI.2023.12.61.014. – EDN IRVEZM.
8. Official website of the Federal Forestry Agency. [Electronic resource]. – Access mode: https://rosleshoz.gov.ru/rates/illegal_felling.
9. Skripchenko N. Yu. Current issues of ensuring the safety and sale of illegally felled wood – material evidence in criminal proceedings // Bulletin of Tomsk State University. Right. – 2021. – No. 40. – P. 80-89. – DOI 10.17223/22253513/40/7. – EDN PJZKOH.
10. Unzhakova S.V. Features of the inspection of the scene of the incident during the investigation of illegal logging of forest plantations // News of Tula State University. Economic and legal sciences. – 2016. – No. 3-2. – pp. 449-455. – EDN WYNARD.
CRIMINALISTICS
SAFONOV Denis Andreevich
Ph.D. in Law, Head of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
ACTUAL QUESTIONS OF CRIMINALISTIC CHARACTERIZATION OF HOOLIGANISM COMMITTED BY FOREIGN CITIZENS AND STATELESS PERSONS WITH THE USE OF WEAPONS OR OBJECTS USED AS WEAPONS
The article is devoted to certain problematic issues of criminalistic characterization of crimes related to hooliganism committed by foreign citizens and stateless persons, as well as the importance of criminalistic characterization for the development of criminalistic recommendations to improve the investigation of this type of crime . The article examines the structure of the criminalistic characteristics of the crime under Article 213 of the Criminal Code of the Russian Federation, analyzes itelements and the connections between them. Issue crime statistics and materials of judicial and investigative practice. The main directions of research on this type of crimes are determined.
Keywords: methodology of crime investigation, violation of public order, stateless persons, foreign citizens, criminalistic characterization, migrant.
Bibliographic list of articles
1. Head of the Ministry of Internal Affairs Kolokoltsev: migrants who threaten the safety must be expelled. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6321830.
2. Bastrykin A. I. Combating migrant crime is one of the main factors in strengthening the security of Russia / A. I. Bastrykin // Law and Security. – 2009. – No. 2. – P. 24.
3. Verdict of Lytkarinsky City Court of the Moscow Region dated November 26, 2020 in case No. 1-16/2020 // ATP “ConsultantPlus”.
4. Verdict of the Nizhnevartovsk City Court of the Khanty-Mansiysk Autonomous Okrug-Ugra dated November 18, 2021 in case No. 1-181/2021 // ATP “ConsultantPlus”.
5. Federal Law of December 13, 1996 No. 150-FZ (as amended on February 6, 2023) “On Weapons.” [Electronic resource]. – Access mode: https: //base.garant.ru/10128024/?ysclid=lp5v93r5aw637821831.
CRIMINALISTICS
CHERNIGOVSKIY Vladimir Nikolaevich
Ph.D. in pedagogical science, associate professor of Traceology and ballistics sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities of the Volgograd Academy of the MIA of Russia
THE POSSIBILITIES OF USING A PHYSICO-CHEMICAL METHOD USING A CYANOACRYLATE CHAMBER TO DETECT HANDPRINTS
This article discusses the organization and implementation of the physico-chemical method, which is used in fingerprinting to identify invisible and barely visible handprints on various surfaces. When using this method, there are a number of issues that require clarification, rules of operation and features that may arise during the study of various objects entering the forensic units of the Ministry of Internal Affairs of Russia.
Emerging difficulties in the application of this method by forensic experts can make it difficult, and in some cases lead to the loss of important information, such as handprints. Handprints are a valuable object of research, since with their help it is possible not only to solve a crime in the shortest possible time, but also to identify a specific person who committed this crime. Modern cyanoacrylate chambers, various substances used to detect handprints, various surfaces with their properties, research methods, lack of information, all this requires systematization, generalization and clarification.
Keywords: cyanoacrylate esters, cyanocrylate chamber, physico-chemical method, fingerprinting, handprints, fingerprint examination.
Bibliographic list of articles
1. Typical expert techniques and examination of physical evidence. 8. Part 1 / ed. Yu. M. Dildina; general ed. V. V. Martynova. – M.: ECC of the Ministry of Internal Affairs of the Russian Federation, 2010.
2. Modern methods and means of identifying, removing and examining handprints: textbook. allowance / L. A. Chernitsyn [etc.]. – M.: ECC of the Ministry of Internal Affairs of the Russian Federation, 2010. – 176 p.: 4 tables, 46 ill. – [Electronic resource]. – Access mode: Access from the EC library of the VA Ministry of Internal Affairs of Russia.
CRIMINALISTICS
YUSUPKADIEVA Sadikat Nurmagomedgadzhievna
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ABDURAKHMANOVA Elmira Gasanovna
Ph.D. in biological sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ON THE QUESTION OF THE PROPERTIES AND SIGNS OF PAPILLARY PATTERNS
In the article, the authors reveal general and specific signs of papillary patterns, paying attention to the signs of skin relief, structural features of patterns on the nail phalanges of the fingers and patterns of their central zones. They give a detailed description of the pattern of the central zone of the nail phalanx depending on the number of flows, where the patterns are divided into simple, double and composite, and depending on the direction and shape of the line flows – into three groups : arc, loop and whorl.
Keywords: properties of papillary patterns, signs of papillary patterns, nail phalanges of the fingers, types and types of papillary patterns, flexor (flexion) and white lines, particular signs of papillary patterns.
Bibliographic list of articles
1. Mailis N. P., Yarmak K.V., Bushuev V.V. Fingerprinting and fingerprint examination. – M.: Unity-Dana, 2017.
2. Mailis N. P., Odinochkina T. F., Sokolova O. A. Trasology / Ed. N. P. Mailis. – M.: Shield-M, 2011.
3. Samishchenko S. S. Modern fingerprinting: fundamentals and development trends. Lecture course. – M.: Moscow Psychological and Social Institute, 2004.
4. Samishchenko S.S. Atlas of unusual papillary patterns. – M., 2001.
CRIMINALISTICS
YACHMENEVA Mariya Andreevna
assistant of Criminalistics sub-faculty of the Institute of Law of the Ufa University of Science and Technology
ON THE ISSUE OF SOME PROBLEMS IN THE INVESTIGATION OF CRIMES RELATED TO DRUG TRAFFICKING COMMITTED USING ELECTRONIC OR INFORMATION AND TELECOMMUNICATION NETWORKS, INCLUDING THE INTERNET
The article discusses the relevance of studying the problems of investigating crimes related to drug trafficking committed using electronic or information and telecommunication networks, including the Internet. Some of these problems have been identified and analyzed: the lack of effective techniques and methods for preventing, detecting and investigating such crimes; imperfection of the procedure for including new narcotic drugs and psychotropic substances among those subject to control in the Russian Federation, ways to resolve them are proposed.
Keywords: crime investigation, drug trafficking, electronic and information and telecommunication networks, Internet.
Bibliographic list of articles
1. Shchurova A. S. Illicit trafficking of narcotic drugs and their analogues using computer technologies (Internet): Criminal law and criminological research: Dis. …cand. legal Sci. – St. Petersburg, 2017. – 256 pp.
2. Zemtsova S.I. Subject of proof in the investigation of crimes related to the sale of narcotic drugs, psychotropic substances and their analogues, committed using electronic or information and telecommunication networks (including the Internet) // Modern Law. – 2015. – No. 4. – P. 126-130.
3. Likholetov A. A., Reshnyak O. A. Countering new potentially dangerous psychoactive substances: problems of law enforcement // Narcocontrol. – 2015. – No. 2. – P. 26-30.
CRIMINALISTICS
RUSANOV Nikita Yurjevich
senior lecturer of Criminology sub-faculty of the Barnaul Law Institute of the MIA of Russia
SHEBALIN Alexander Vladimirovich
Ph.D. in Law, associate professor, Head of Criminology sub-faculty of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
ON THE ISSUE OF CRIMINALISTIC CHARACTERISTICS OF THE ILLEGAL PRODUCTION OF SYNTHETIC NARCOTIC DRUGS
The article discusses approaches to the definition of the concept of criminalistic characteristics of a crime, substantiates the possibility of the existence of a criminalistic characteristic of a specific crime. It is shown that the forensic characteristic is a set of information necessary for the nomination and verification of forensic versions.
Keywords: criminalistic characterization of a crime, a criminalistic characterization of a specific crime.
Bibliographic list of articles
1. Belkin R. S. Forensics: problems, trends, prospects. From theory to practice. – M., 1988. – 302 p.
2. Belkin R. S. Forensics: problems of today. Topical issues of Russian criminology. – M.: Norma, 2001. – 237 p.
3. Gerasimov I.F. Theoretical problems of solving crimes: abstract. dis. … doc. legal Sci. – M., 1978. – 45 p.
4. Denisov S. L. The concept of “Forensic characteristics of crime” // Humanitarian, socio-economic and social sciences. – 2015. – No. 5. – P. 67-69.
5. Zemtsova, S. I. The content of the forensic characteristics of a crime as a subject of scientific discussion // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (73). – pp. 25-29.
6. Yablokov N.P. Forensic characteristics of crime and typical investigative situations as important factors in the development of methods for investigating crimes // Issues in the fight against crime. Vol. 30. – M., 1979. – P. 110-122.
CRIMINOLOGY
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
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of Legal disciplines sub-faculy of the Dagestan State University, branch in Izberbash
KAKHRUMANOVA Sharifa Abusupyanovna
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
UNDERSTANDING CYBERCRIME IN THE “REAL WORLD”
The exponential growth of Internet use around the world is associated with an increase in the number of crimes using the Internet and the cloud, as they provide an increased centralized circle of potential victims and new opportunities both to commit crimes and to evade detection and prosecution. The increased use of social media technologies means that a single criminal can now reach more victims, and the cost and skill level required to commit cybercrimes has decreased. Online communities offer ready-made malware packages (i.e., malware) that can be sold to inexperienced individuals and freely available educational material, allowing ordinary Internet users to delve into the world of cybercrime. It is becoming easier, cheaper and more convenient to commit cybercrime on a large scale.
Training to improve knowledge and provide standardized responses to reports of cybercrime, as well as increased public activity and information support, can help improve the level and experience of countering this category of criminal actions.
Keywords: cybercrime, victims, cyber communities, cloud technology, growth of Internet use, crime prevention.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: https://ru.wikibrief.org/wiki/National_Crime_Agency.
2. The ONS Economic Statistics and Analysis Strategy provides users, stakeholders and researchers clarity on how was working to improve UK economic statistics. – [Electronic resource]. – Access mode: https://www.ons.gov.uk/methodology/classificationsandstandards/economicstatisticsclassifications/onseconomicstatisticsandanalysisstrategyfinancialyearending 2019.
3. Ivantsov S.V., Borisov S.V., Uzembaeva G.I. et al. Current problems of improving the system of measures for criminological prevention of extremist crimes committed using information and telecommunication networks // All-Russian Criminological Journal. – 2018. – T. 12. No. 6. – P. 776-784.
4. Glotina I. M. Cybercrime as a shadow business // Bulletin of the Chelyabinsk State University. – 2016. – No. 6 (388). – pp. 51-57.
5. Kulenko K. N. Problems of cybercrime in the Russian Federation and ways to solve it // Scientific support of the agro-industrial complex. – 2017. – pp. 796-797.
6. Aisakhanova E. S. Reasons and motives for the growth of cybercrime as a global phenomenon of our time // Bulletin of the Chechen State University. – 2017. – No. 4 (28). – pp. 153-155.
7. Nomokonov V. A., Tropina T. L. Cybercrime as a new criminal threat // Criminology: yesterday, today, tomorrow. – No. 1 (24). – 2012.
8. Baturin Yu. M., Zhodzishsky A. M. Computer crime and computer security. – M., 1991. – P. 11.
9. Basarab M. A., Ivanov I. P., Kolesnikov A. V., Matveev V. A. Detection of illegal activities in cyberspace based on the analysis of social networks: algorithms, methods and means (review) // Cybersecurity Issues. – 2016. – Issue. 4 (17). – pp. 11-19.
10. Gaifutdinov R. R. On the issue of the personality typology of computer criminals, taking into account the nature and motivation of their criminal activity // Questions of Russian and international law. – 2017. – T. 7. – No. 4A. – pp. 245-256.
11. Basarab M. A., Ivanov I. P., Kolesnikov A. V., Matveev V. A. Detection of illegal activities in cyberspace based on the analysis of social networks: algorithms, methods and means (review) // Cybersecurity Issues. – 2016. – Issue. 4 (17). – pp. 11-19.
12. Basarab M. A., Ivanov I. P., Kolesnikov A. V., Matveev V. A. Detection of illegal activities in cyberspace based on the analysis of social networks: algorithms, methods and means (review) // Cybersecurity Issues. – 2016. – Issue. 4 (17). – pp. 11-19.
CRIMINOLOGY
BICHENOVA Anna Rolandievna
lecturer of Penal enforcement law and the organization of the execution of punishments not related to the isolation of convicts from the society sub-faculty of the Samara Law Institute of the FPS of Russia, major of the internal service
THE MAIN DETERMINANTS OF FEMALE CRIME IN RUSSIA
This article examines the causes of female crime and its dynamics over the past years. The analysis of statistical data makes it possible to identify groups of crimes that are most often committed by women, to determine their motives and factors contributing to the commission of a socially dangerous act. Also, toassess and identify the determinants of female crime, its indicators in certain regions of the Russian Federation are studied.
Keywords: women’s crime, causes and factors of women’s crime, indicators of women’s crime in certain subjects of the Russian Federation, conditions of women’s detention in places of deprivation of liberty.
Bibliographic list of articles
1. Shemanyuk M. S. Current state of female crime // Bulletin of Science and Practice. – 2022. – T. 8. – No. 5. – P. 535-540.
2. Molev G.I., Anisimova M.S. State and trends of female crime in Russia at the present stage // Science. Society. State. – 2020. – T. 8. – No. 4 (32). – pp. 99-107.
3. Bogdanova K. E. Female crime and its prevention in Russia // Young scientist. – 2021. – No. 33 (375). – pp. 24-28.
4. Shemanyuk M. S. Factors influencing female recidivism // International scientific research journal. – 2023. – No. 2 (128). – P. 1-5.
CRIMINOLOGY
AVERINSKAYA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Institute of Law of the Irkutsk State University
RADCHENKO Elizaveta Ivanovna
magister student of the 1st course of the Institute of Law of the Irkutsk State University
CRIMINOLOGICAL ASPECTS OF ORGANIZING PROSTITUTION
The article is devoted to the criminological aspects of the organization of prostitution. Modern criminal legislation is considered with a view to criminalizing the organization of prostitution, the dynamics of the state and structure of the organization of prostitution are studied, the causes and conditions conducive to the commission of such an act are analyzed, and the characteristics of the criminal’s personality are highlighted.
Keywords: organization of prostitution, criminogenic factors, personality of the criminal.
Bibliographic list of articles
1. State of crime: official website of the Russian Ministry of Internal Affairs. – [Electronic resource]. – Access mode: https://mvd.rf/dejatelnost/statistics (date of access: 10.10.2023).
CRIMINOLOGY
ARSLANGEREEV Arslangarey Magomedovich
magister student of the 2nd course of the North Caucasus branch of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Makhachkala
UMARIEVA Fatima Muradovna
magister student of the 2nd course of the North Caucasus branch of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor of the North Caucasus branch of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Makhachkala
CHEMICAL TERRORISM AS A GLOBAL PROBLEM OF OUR TIME
In the process of studying terrorism, it is important to focus on the peculiarities of this phenomenon as a global problem of our time, one of the types of which is chemical terrorism. At present, terrorists are showing increased interest in the possibility of obtaining and using dangerous chemicals in their various states in their criminal practice, since the presence of these components is considered as one of the most effective means of achieving criminal goals. The novelty of the study is expressed in the author’s analysis of practical examples of acts of chemical terrorism against the Russian military on the territory of the DPR and the Zaporozhye region and measures aimed at preventing them.
Keywords: modern terrorism, biochemical terrorism, DPR, Zaporozhye region, the fight against terrorism.
Bibliographic list of articles
1. Kobets P. N. On the need to improve activities to prevent acts of chemical terrorism // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2023. – T. 29. No. 2 (89). – pp. 93-97.
2. Racheev V. G. About some non-traditional especially dangerous forms of modern armed struggle // Security problems: electronic scientific journal. – 2013. – No. 1 (19). – P. 11.
3. Kobets P. N. Improving the legal framework in the field of counteracting chemical terrorism // Scientific portal of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (58). – pp. 58-64.
4. Kachalov V.V., Baranchikova M.V. Terrorism as a global problem of our time // Science and practice. – 2015. – No. 2 (63). – pp. 66-68.
CRIMINOLOGY
NESTERENKO Andrey Vladimirovich
Deputy Head of Law enforcement organization sub-facultyof the North Caucasus Institute for Advanced Training (dranch) of the Krasnodar University of the MIA of Russia
ON THE CLASSIFICATION OF NEGATIVE SOCIAL PHENOMENA RELATED TO CRIME
The article deals with the classification of negative social phenomena associated with crime. The author comes to the conclusion that currently, unfavorable economic, political, medical-psychological, socio-family factors occurring in our society actively influence the high level of crime. At the same time, the author pays special attention to such negative elements as alcoholism and drug addiction, which tend to increase every year and affect the number of socially dangerous acts committed in this state.
Keywords: crime, negative social phenomena, causality, alcoholism, drug addiction.
Bibliographic list of articles
1. Gurnitsky A.V. Poverty as a criminogenic factor // Scientific portal of the Ministry of Internal Affairs of Russia. – 2014. – No. 3 (27).
2. Kosareva L. V. The problem of the interdependence of the biological and social in the formation of the personality of a criminal // Current state and prospects for the development of legal science Collection of articles of the International Scientific and Practical Conference. – Ufa: Aeterna, 2014.
3. Bibikova K. G. Criminogenic factors influencing crime / K. G. Bibikova. – Text: electronic // NovaInfo. – 2020. – No. 112. [Electronic resource]. – Access mode: https://novainfo.ru/artikle/17561 (access date: 11/16/2023).
4. Makogon I.V., Kosareva L.V. Family as the main factor in the socialization of a criminal’s personality // Bulletin of Science and Practice. – 2016. – No. 1.
5. Kara I. S., Kara S. V. Some aspects of introducing criminal liability for organizing begging // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (52).
6. Bashinskaya I. G. Legal regime of police activities in the fight against illegal drug trafficking: Questions of theory and practice // Society and Law. – 2019. – No. 2 (68).
CRIMINOLOGY
STEPANOVA Anna Yurjevna
adjunct of the Faculty of Scientific and Pedagogical Personnel of the Academy of the FPS of Russia
THEORETICAL ASPECT OF THE CONTENT OF COUNTERING CRIMES OCCURRING IN PRE-TRIAL DETENTION CENTERS
The article reveals the issues of the content of countering crimes committed in pre-trial detention centers in order to develop the most effective ways to combat this type of crime. One of the main and significant criteria for assessing the effectiveness of the criminal justice system in Russia is to consider the state of crime in institutions that contain special forces; based on this, this research topic is relevant.
Keywords: prevention of female crime, convicts, types of crime prevention, levels of crime prevention.
Bibliographic list of articles
1. Plato. Laws // Plato. Op. in 3 volumes. – M., 1972. – Vol. 3. – Part 2. – P. 219.
2. Aristotle. Politics // Op. in 4 volumes. – M., 1983. – Vol. 4. – P. 297-370.
3. Aristotle. Nicomachean Ethics // Op. in 4 volumes. – M., 1983. – Vol. 4. – P. 288-289.
4. Shikhantsov G. G. Criminology: Textbook. for universities. – M.: Zertsalo-M, 2001. – P. 157.
5. Antonyan Yu. M. Current research on crime in cities and measures for its prevention (Review) // In: All-Russian Scientific Research Institute of the Ministry of Internal Affairs of the USSR. – M., 1980. – P. 114.
CRIMINOLOGY
KHOKHLOV Alexander Vladimirovich
postgraduate student of the second year of study of the Tolyatti State University
THE ROLE OF CRIMINALIZATION IN THE PHENOMENON OF CRIMINAL LAW IMPACT
The article examines some aspects of the scientific problem of determining the limits and stages of criminal legal impact, which have theoretical significance and a basis for developing effective measures to counter crime. The essence of criminalization as a regulator of social processes is analyzed. The problem of legislative consolidation of the limits of criminal legal impact is formulated. Aspects are being developed that reveal the problem of the boundaries of criminal law impact. The article is the fourth author’s publication on the study of the phenomenon of criminal law impact.
Keywords: criminal legal impact, criminalization, criminal law, criminal liability, limits and stages of criminal legal impact, penalization, criminal policy.
Bibliographic list of articles
1. Ozhegov S.I. Dictionary of the Russian language. – M., 1991. – 918 p.
2. Bytko Yu. I. Criminalization as the most important component of criminal policy. // Bulletin of the Saratov State Law Academy. – No. 6 (113). – 2016. – 144 p.
3. Lopashenko N. A. Criminal policy. – M., 2009. – 579 p.
LAW ENFORCEMENT AUTHORITIES
BELOVA Svetlana Nikolaevna
senior lecturer of Physical training and applied martial arts sub-faculty of the St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
lecturer of Administrative activities of internal affairs bodies sub-faculty of the St. Petersburg University of the MIA of Russia
THE PROBLEM OF EXCESS WEIGHT IN POLICE AND ITS NEGATIVE IMPACT ON THE PERFORMANCE OF OFFICIAL DUTIES
Currently, an important problem of humanity is overweight as a disease that is associated with metabolism and manifests itself in an increase in body weight due to a large, exceeding the norm, accumulation of adipose tissue in the human body. This problem is of particular importance in the professional sphere of police officers, whose physical form acts as one of the main factors determining the level of success in the implementation of the tasks assigned to the service. In order for a police officer to perform his duties efficiently, along with maintaining mental health, it is imperative to maintain such physical fitness that is optimal for this field of activity, which is enshrined in the norms of Russian legislation. However, an irregular work schedule, a downed daily routine due to the performance of tasks at hours that do not correspond to biological ones, uncontrolled eating, and an “office” regime that a number of police officers have, leading to the formation of excess weight and even obesity.
Due to the high significance of the problem of excess weight of police officers nowadays, it is advisable to analyze its scale, identify the main factors that lead to its occurrence and discuss effective preventive measures that contribute to the expenditure of energy due to physical activity that are necessary and contribute to maintaining normal physiological weight.
Keywords: overweight; overweight physical fitness; prevention of obesity; causes of excess weight; police officers.
Bibliographic list of articles
1. WHO: Obesity and overweight. [Electronic resource]. — Access mode: https://www.who.int/ru/ (access date: 02/12/2023).
2. Kosikovsky A. R. et al. Organization of professional service and physical training in internal affairs bodies: training manual. — M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. — 124 p.
3. Belovolov Yu. K., Ivanova L. A., Yuryev V. S. The problem of obesity in modern society // OlymPlus. Humanitarian version. — 2021. — No. 2 (13). — pp. 96-99.
4. Bichev V. G. Problems of excess weight and the role of physical culture and sports in its prevention // Innovations. The science. Education. – 2021. – No. 32. – P. 2172-2178.
5. Thomas A.V., Panteleev A.F., Kempf E.V. Prevention and treatment of overweight and obesity among employees of internal affairs bodies as a necessary condition for ensuring the effectiveness of professional activities // Current problems in the fight against crimes and other offenses. – 2017. – No. 17-2. — pp. 177-179.
6. Drozdov A. S. The role of the physical culture team of the territorial bodies of the Ministry of Internal Affairs in improving the physical training of employees. — Text: immediate // Young scientist. – 2019. – No. 23 (261). — P. 591-594. [Electronic resource] – Access mode: https://moluch.ru/archive/261/60126/ (date of access: 02.12.2023).
7. Kuchumov D.V., Molchanova A.M. Motivational component of physical training of employees of internal affairs bodies of the Russian Federation // Science-2020. — 2020. — No. 7 (43). — pp. 21-25.
LAW ENFORCEMENT AUTHORITIES
DRUZHININ Andrey Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
LAVRICHENKO Ruslan Konstantinovich
Ph.D. in pedagogical sciences, associate professor of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
TULSKAYA Elena Anatoljevna
senior lecturer of International police cooperation and combating crime through Interpol channels sub-faculty of the Training Center for Law Enforcement Officers to Participate in Peacekeeping Missions of the VIPK of the MIA of Russia
APPLIED ASPECTS OF ENSURING THE PERSONAL SAFETY OF A POLICE OFFICER DURING AN ARMED ATTACK
This article is devoted to issues related to the application of the basics of physical training of police officers in an armed attack in order not only to solve professional tasks, but also to ensure the personal safety of the defender. The relevance of the chosen topic is due to the fact that today, when training qualified personnel, special attention is not paid to applied aspects, which are of paramount importance. Physical training classes are designed in such a way as to educate and develop basic knowledge, skills and fighting techniques prescribed by law. But at the same time, without paying due attention to other factors that affect the orientation and willingness to make difficult decisions in accordance with the rules and requirements of personal safety.
Within the framework of this study, the authors have made attempts to determine the most effective methods of ensuring the personal safety of a law enforcement officer, as well as the formation of general and holistic recommendations for improving the educational process.
Keywords: physical training, applied aspects, personal safety, law enforcement officer, armed attack, attacker.
Attentive bibliography
1. Stepanov G.I., Babin A.V., Mirzoev A.R. Current problems in the formation of professional skills in the use of combat fighting techniques among employees of internal affairs bodies of the Ministry of Internal Affairs of Russia // Eurasian Legal Journal. – 2020. – No. 1 (140). – pp. 340-342. – EDN NYDSSW.
2. On approval of the Manual on the organization of physical training in law enforcement agencies of the Russian Federation: Order of the Ministry of Internal Affairs of Russia dated July 1, 2017 No. 450.
3. Ivanov A. I., Mavropulo O. S., Tashchiyan A. A. [et al.] Studying the nature of attacks on police officers in the performance of official duties as the basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia // Scientists Notes from the University P. F. Lesgaft. – 2023. – No. 4 (218). – pp. 130-134.
4. Babin A.V., Lukyanov A.B. Current problems of physical training and sports of employees of internal affairs bodies and ways to solve them // Eurasian Legal Journal. – 2021. – No. 9 (160). – pp. 473-475. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=47195114. (date of access: November 23, 2023).
LAW ENFORCEMENT AUTHORITIES
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”
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”
DETERMINANTS OF JUVENILE DELINQUENCY AND PERSONALITY CHARACTERISTICS OF A JUVENILE OFFENDER
In this article, the author examines the main factors that lead to juvenile delinquency. These factors include the upbringing of a teenager, his environment and the presence of bad habits. In addition, the issue of taking into account the personality characteristics of a juvenile offender is considered. The information provided in the study may be useful in the work on prevention and response to crimes committed by adolescents.
Keywords: crime, juvenile, crime determinant, personality, counteraction.
Bibliographic list of articles
1. Ryzhova O. A. Features of juvenile delinquency and preventive measures in modern conditions // Science. Society. State. – 2020. – T. 8. – No. 2 (30). – pp. 131-143.
2. Mukhina T.K. Causes and factors of family troubles // Responsible editor. – 2020. – P. 43.
3. Stoma I. V. Criminological features of the personality of juvenile criminals // Russian deviantological panorama: theory and practice. – 2022. – pp. 100-103.
4. Fedotova E. N. Features of the personality of a minor offender // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 6. – P. 147-150.
SAFETY AND LAW
ARSLANOV Aidar Azatovich
magister student of the direction 42.04.01 “Advertising and public relations”, group MSO-22-01 of the Ufa State Petroleum Technical University
BATYRSHINA Jamilya Rafisovna
magister student of the direction 42.04.01 “Advertising and public relations”, group MSO-22-01 of the Ufa State Petroleum Technical University
KOZLOVA Yuliya Borisovna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum TechniCal University
MUKHAMETCHINA Elina Dinarovna
magister student of the direction 42.04.01 “Advertising and public relations”, group MSO-22-01 of the Ufa State Petroleum Technical University
CURRENT ONLINE COMMUNICATIONS IN RUSSIA: PROBLEMS AND TRENDS
The scientific article puts forward a number of problems related to the development of online communications in the Russian Federation. In addition, the work is devoted to the analysis of modern trends and trends of media communications, which are reflected in everyday practice.
Keywords: communications, online communications, Internet, media, social networks, information, content, blog, trends, brand, strategy, users, gamification, technology, media, blogger, platform.
Bibliographic list of articles
1. Gareev E. S., Akhmadullin I. I., Valitova N. E., Gabdrakhmanova L. N., Gabdulkhakova R. V., Kozlova Yu. B., Kostyleva E. G. Theory and practice of advertising and public relations. Textbook for students majoring in “Advertising and Public Relations” Part 1. Public relations and advertising: organization, legal and scientific support of professional activities. – Ufa, USPTU Publishing House, 2018. – 345 p.
2. Gabdulkhakova R.V., Kozlova Yu.B., Grogulenko N.V. The role of Internet communications in promoting the image of the city // Eurasian Legal Journal. – 2021. – No. 01 (152). – pp. 429-431.
3. Kouba M., Kozlova Yu. B. Optimization of means of communication in modern post-industrial society / In the collection: State of the future: current problems of socio-economic and political-legal development, a collection of articles based on the materials of the IV International Scientific and Practical Conference dedicated to the 70th anniversary USPTU. – 2018. – pp. 269-272.
4. Kozlova Yu. B. Gamification in the system of modern higher education: theoretical foundations and practical significance // History and pedagogy of natural science. – 2022. – No. 1.
SAFETY AND LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
GENERAL CHARACTERISTICS OF CRIMES AND OFFENCES ON THE “INTERNET”
Increased environmental variability associated with new threats and challenges forces the law enforcement and defense sectors to be in a state of readiness to respond and protect the country from the attacks of intruders. Undoubtedly, the aggravation of relations in the world political arena, the intensification of negative attitudes (and sometimes aggression) towards our country, as well as the presence of domestic socio-economic problems has an impact on the growth of crime in the country and the criminogenic situation.
Current statistics show that today a greater number of crimes and offenses are committed using modern information technology tools and resources of the Internet.
In addition to progressive changes, the information technology tools and resources of the Internet bring new challenges and threats related to the growth of cybercrime. The unification of the entire world community into a single information field has made it convenient to commit a wide range of administrative offenses and crimes through the resources of the Internet and modern information technology tools.
Cybercrime is a threat to the security of the entire global community. Due to the wide reach of the audience online, the complexity of investigating this type of crime, high confidentiality and inability to navigate the peculiarities of modern crisis information and communication interaction, there is an annual increase in cybercrime around the world.
The purpose of this academic work is to highlight the main types of crimes and offenses carried out with the use of Internet resources, as well as to analyze the challenges and threats from the main types of cybercrime.
Keywords: cybercrimes, mass media, the Internet, countering crimes against Russia, crimes on the Internet, fakes, information protection, cyberattack, cybercriminal.
Bibliographic list of articles
1. Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-FZ (latest edition).
2. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on February 4, 2021).
3. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on December 30, 2020).
4. Alieva E. A. The Internet as a means of committing depraved acts // Gaps in Russian legislation. – 2017. – No. 4. – P. 180-182.
5. Batukhtin M. E. KibErcrimes: causes, types, forms, consequences, directions of counteraction // Problems and prospects for the development of the Russian penal system at the present stage Proceedings of the International Scientific Conference of Adjuncts, Postgraduate Students, Cadets and Students, 2018.
6. Gauzhaeva V. A., Prokofieva E. V., Prokofieva O. Yu. Crime on the Internet: criminological characteristics // Bulletin of Economic Security. – 2019. – No. 4. – P. 111-114.
7. Karpova D. N. Cybercrime: a global problem and its solution // Power. – 2014. – Volume 22. – No. 8. – P. 46-50.
8. Sukhodolov A.P., Ivantsov S.V., Borisov S.V., Spasennikov B.A. Current problems of preventing crimes in the economic sphere committed using information and telecommunication networks // Baikal State University, Irkutsk, Russian Federation All-Russian criminological journal. – 2017. – T. 11. No. 1. – P. 13-21. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-preduprezhdeniya-prestupleniy-v-sfere-ekonomiki-sovershaemyh-s-ispolzovaniem-informatsionno.
9. Tropina T. L. Cybercrime. – Vladivostok, 2009.
10. Tropina T. L., V. A. Nomokonov Cybercrime as a new criminal threat // Criminology of Internet spaces. – 2012. – No. 1 (24).
11. Urban V.V. Crimes committed using information and telecommunication networks: general characteristics and criminal procedural measures to counter them // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (88). – pp. 55-63.
SAFETY AND LAW
KOVSH Sergey Vladimirovich
lecturer of Humanitarian and socio-economic disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia
DEZHURNIY Anatoliy Alexeevich
Ph.D. in Law, professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the Far Eastern Law Institute of the MIA of Russia, Khabarovsk
KORENYUGIN Vitaliy Valerjevich
Ph.D. in Law, associate professor of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
LEGAL REGULATION OF ENSURING THE INFORMATION SECURITY OF MINORS IN THE CONTEXT OF THE DEVELOPMENT OF THE INFORMATION SOCIETY
The article examines the features of legal regulation of ensuring the information security of minors in the Internet space. The main types of information that are unsafe for young people are identified. A legislative solution to the issues of protecting the rights and legitimate interests of minors is proposed, as well as organizational and technical measures in the form of monitoring Internet resources, blocking Internet sites containing pornographic information, as well as sites containing information about inciting teenagers to violence, cruel treatment, and extremism, terrorism, incitement to hatred, calls for participation in unauthorized events and other actions of a technical nature.
Keywords: security in telecommunication networks, minors, cyberbullying, website forums, information products, regulatory framework in the field of information security.
Bibliographic list of articles
1. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 (official text: as of July 1, 2020) // Ross. newspaper. – 1993. – December 25; Ross. newspaper. – 2020. – No. 144. – Art. 8198. // SPS Garant
2. “Criminal Code of the Russian Federation” dated June 13, 1996 No. 63-FZ (as amended on August 4, 2023) (as amended and supplemented, entered into force on October 12, 2023). [Electronic resource]. – Access mode: SPS Consultant Plus.
3. Federal Law of December 29, 2010 No. 436-FZ “On the protection of children from information harmful to their health and development” (as amended on April 28, 2023). [Electronic resource]. – Access mode: SPS Consultant Plus.
4. Malysheva O. V. Information security of minors: legal aspect. [Electronic resource]. – Access mode: https://nsportal.ru/ap/library/drugoe/2017/05/12/informatsionnaya-bezopasnost-esovershennoletnih-pravovoy-asspekt?ysclid=lbd8xhweb0208128159.
5. Magdilova L. V. Legal framework for ensuring information security of minors. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-osnovy-obespecheniya-informatsionnoy-bezopasnosti-nesovershennoletnih/viewer.
6. Algavi L. O., Kadyrova Sh. N., Rastorgueva N. E. “Blue Whale”: five aspects of the news narrative // Bulletin of RUDN University. – 2018. – T. 22. No. 4. – P. 660-668.
SAFETY AND LAW
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
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Faculty of Professional Training of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
FEATURES OF PREVENTION MEASURES IN RELATION TO CRIMES OF A TERRORIST NATURE AND EXTREMIST ORIENTATION
Crimes of a terrorist nature and extremist orientation are one of the destructive factors of modern society. Modern realities in various countries show the insufficiency of developing methods of combat and means of preventing them. The process of preventive measures should be systematic. Regulatory legal acts in relation to this category of crimes are constantly undergoing changes. Terrorism and extremism are a threat to the national security and social stability of any State. The purpose of the article is to reveal the features of preventive measures in relation to crimes of a terrorist nature and extremist orientation.
Keywords: extremism, terrorism, prevention, suppression, prevention.
Bibliographic list of articles
1. Abyzov R. M. On the concept and causes of extremism in Russian law. Extremism: social, legal and criminological problems. – M., 2005. – P. 27.
2. Popov I. A. Current problems of prevention, detection and investigation of terrorist acts // Russian investigator. – 2013. – No. 19. – P. 38-44.
3. Kadakoeva M. M., Stroikova A. S. Youth extremism // Improving the fight against organized crime, corruption and extremism. – M.: Ros. Criminological Association, 2008. – P. 263.
4. Luneev V.V. Course of world and Russian criminology: in 2 volumes. T. 2. – M.: Yurait, 2011. – P. 872.
5. Information site Vortex-anti-terrorism-Documentation. – [Electronic resource]. – Access mode: http://newsruss.ru/doc/index.php/Vikhr-Antiterror.
6. Chufarovsky Yu. V. Criminology in questions and answers: textbook. – Moscow: Prospekt, 2014. – 144 p.
7. Golina V.V. Criminological prevention, prevention and suppression of crimes: Textbook. allowance. – K.: UZH VO at the Ministry of Higher Education of the Ukrainian SSR, 1989. – 72 p.
SAFETY AND LAW
MAMMADOV Tamiz Saleh oglu
postgraduate student of the Patrice Lumumba Peoples’ Friendship University of Russia
BOYTSOV Anatoliy Sergeevich
Ph.D. in Law, Director of the Technosphere Safety Department of the Patrice Lumumba Peoples’ Friendship University of Russia
COMPARATIVE ANALYSIS OF LABOR PROTECTION STANDARDS IN THE REPUBLIC OF AZERBAIJAN AND THE REPUBLIC OF TURKEY
Labor law, the purpose of which is to regulate the rights and responsibilities of workers, is one of the important issues that forms the basis of the economy of any country. The article considers occupational safety standards applied in the Republic of Azerbaijan and the Republic of Turkey. The definitions, meanings, scope and purpose of both laws are explained, and the differences in occupational safety issues are highlighted. The differences and similarities arising from the comparison play an important role in terms of creating effective joint infrastructure projects between the Republic of Azerbaijan and the Republic of Turkey, especially in the field of construction and industry.
Keywords: safety standards, occupational safety, law, Republic of Azerbaijan, Republic of Turkey.
Bibliographic list of articles
1. Kaçmaz, Haydar. İş Sağlığı ve İş Güvenliği Konularında Devletin, İşverenin, İşçinin Görev ve Sorumlulukları // İş Sağlığı ve Güvenliği Kongresi, Adana: TBMMO, 2-3 Mayıs 2003 . – S. 119.
2. İş Sağlığı ve Güvenliği Yönetmeliği. – [Electronic resource]. – Access mode: www.calisma.gov.tr/birimler/isggm/dosya, (Çevrimiçi) 04/05/2006.
3. Öznaz, Demet. 4857 Sayılı Yeni İş Kanunu Perspektifinde İş Sağlığı ve Güvenliği Yönetimi ve Tekstil Sektöründe SA 8000 Uygulaması // Marmara Üniversitesi Sosyal Bilimler Enstitüsü (Yayınlanmamış Y üksek Lisans Tezi). – İstanbul, 2005. – S. 52.
4. İş Sağlığı ve Güvenliği Yönetmeliği. – [Electronic resource]. – Access mode: www.calisma.gov.tr/birimler/isggm/dosya) (Çevrimiçi) 03/15/2006.
SAFETY AND LAW
FEDOSOV Artem Vasiljevich
Ph.D. in technical sciences, associate professor of the Ufa State Petroleum Technical University
BASHIROVA Diana Vladimirovna
magister student of the Ufa State Petroleum Technical University
FEDOSOVA Elizaveta Artemovna
magister student of the Ufa State Petroleum Technical University
ZARIPOV Ilnur Irekovich
magister student of the Ufa State Petroleum Technical University
CHANGING THE LEGAL REQUIREMENTS FOR THE PROCEDURE FOR PROVIDING EMPLOYEES WITH PERSONAL PROTECTIVE EQUIPMENT
Comparative analysis of old and current requirements for the procedure for providing employees with personal protective equipment. Recommendations for employers on the transition to a new standards for providing employees with personal protective equipment.
Keywords: occupational injuries, personal protective equipment, unified standard norms, standard industry norms.
Bibliographic list of articles
1. Abdrakhmanova K. N., Shabanova V. V., Fedosov A. V. et al. Application of modeling the process of accident development and risk assessment to ensure the safe operation of oil and gas complex facilities // Safety of technogenic and natural systems. – 2020. – No. 2. – P. 2-13.
2. Fedosov A.V., Shabanova V.V. Features of a risk-oriented approach in the field of industrial safety // Mining information and analytical bulletin. – 2019. – No. S7. – pp. 206-215.
3. Fedosov A.V., Tazhetdinova A.A., Nasibullina V.A., Konstantinova O.V. Analysis of the requirements of the legislation of the Russian Federation in the field of training in labor safety issues // Eurasian Legal Journal. – 2023. – No. 4 (179). – P.395-396.
4. Bakhonina E. I., Nasibullina V. A., Tazhetdinova A. A., Yakhina E. N. Changes in labor protection legislation related to the procedure for assessing professional risk // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 387-388.
5. Fedosov A.V., Idrisova K.R., Nasibullina V.A., Konstantinova O.V. Review of changes in legislation establishing requirements for organizations operating equipment under excess pressure // Eurasian Legal Journal. – 2021. – No. 7 (158). – pp. 454-456.
6. Bakhonina E. I., Nasibullina V. A. Review of changes in legislation establishing requirements for assessing professional risks at an enterprise // Safety of technogenic and natural systems. – 2022. – No. 2. – P. 31-35.
SAFETY AND LAW
KARCHAEVA Kamila Avarjevna
Ph.D. in economical sciences, senior lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia, senior lieutenant of police
PATRIOTIC EDUCATION AS AN ESSENTIAL COMPONENT OF ENSURING NATIONAL SECURITY RUSSIAN FEDERATION
It is impossible to imagine the formation of the trajectory of the fundamental development of the Russian state during the aggression of foreign countries without an actual model of patriotic education of the younger generation. This is the main lever of modern society, contributing to the rational and systematic counteraction to modern challenges and threats. The intensification of negative sentiments of the entire world community towards the Russian Federation due to the special military operation in Ukraine, the activities of illegal armed and radical organizations, the growth of crimes in the field of cyberspace and the information war emanating from unfriendly states forces citizens to pay attention to such enduring values as patriotism, a sense of duty and responsibility to their Homeland.
The purpose of this scientific research is to analyze the patriotic education of the younger generation through the prism of ensuring national security in modern Russia and to develop proposals for the formation of a modern concept of patriotic education of children and adolescents, the revival of high moral values and ideals.
The concept of patriotic education of the younger generation should contain the promotion of a healthy lifestyle, a culture of moral values and ideas, generational continuity, orientation towards the socio-economic and cultural heritage of society, protection of the family, motherhood and childhood, and most importantly, the optimal combination of domestic traditions, modern experience and achievements of scientific schools.
Keywords: patriotic education, educational work, patriotism, national security, Motherland.
Bibliographic list of articles
1. Batyrshina L.V. Patriotic education as one of the components of national security. [Electronic resource]. – Access mode: https://studopedia.ru/24_27466_patrioticheskoe-vospitanie-kak-odna-iz-sostavlyayushchih-natsionalnoy-bezopasnosti.html.
2. Bocharov S. N. Organizational and legal principles of working with personnel of internal affairs bodies: a textbook, ed. Ph.D. legal sciences, prof. S. N. Bocharova. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2017.
3. Malchenkova V.V. Patriotic education in the professional training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Modern science-intensive technologies. – 2019. – No. 11 (part 2) – pp. 337-341
4. Ovchinnikov O. A. Patriotic education of cadets and its types. — Text: immediate // Young scientist. – 2014. – No. 15 (74). – pp. 293-295. [Electronic resource]. – Access mode: https://moluch.ru/archive/74/12561/ (date of access: 09.22.2023).
5. Petelin A. S., Volkova S. A. Theoretical and methodological substantiation of patriotic education of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia / Voronezh State Pedagogical University // News of the Voronezh State Pedagogical University. – 2023. – No. 1 (298). – pp. 56-61.
EDAGOGY AND LAW
KOVALISHINA Kseniya Viktorovna
magister student of the Crimean branch of the Russian State University of Justice, Simferopol
YEVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE ISSUE OF THE REGULATION OF BLOGGING ACTIVITY IN THE CONTEXT OF THE INFLUENCE ON THE FORMATION OF THE PERSONALITY OF A MINOR (PSYCHOLOGICAL AND PEDAGOGICAL ASPECT)
The article discusses the influence of bloggers on the formation of the personality of a minor. Based on the research conducted, the authors came to the conclusion that it is necessary to use an integrated approach to solve the identified problem, including using a certain pedagogical and or psychological impact.
Keywords: bloggers, minors, prevention of offenses, public responsibility, blogging activity.
Bibliographic list of articles
1. Biketova Ya. O., Valeeva A. F. Information and communication activities as a factor in the development of personal capital of industrial youth // VEPS. 2015. No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informatsionno-kommunikativnaya-deyatelnost-kak-faktor-razvitiya-lichnostnogo-kapitala-proizvodstvennoy-molodezhi (date of access: 09/06/2023).
2. Strigankova E. Yu. The phenomenon of communication in the communicative situation of the information society // Bulletin of PAGS. 2012. No. 3 (32). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomen-obscheniya-v-kommunikativnoy-situatsii-informatsionnogo-sotsiuma (date of access: 09/06/2023).
3. Klinkova D. A. Blogger’s discourse: social and communicative aspect // Vestn. Tver. state un-ta. Ser. “Philosophy”. 2021. No. 1. P. 78-84.
4. Kuznetsova E. A., Zinovyeva E. V. Opinion leaders in the digital environment as a resource for the prevention of deviant behavior among young people // Prevention of deviant behavior in children and youth: regional models and technologies: materials of the II International. scientific-practical Conf., Yalta, 8-10 Oct. 2020 / Crimea. federal University named after V. I. Vernadsky. Simferopol, 2020. pp. 362-365.
5. Voropaev D. A. Blogger as an agent of legal socialization // Bulletin of the Academy of the Ministry of Internal Affairs of the Republic of Belarus. 2021. No. 2 (42). pp. 48-53. [Electronic resource]. – Access mode: https://elib.amia.by/handle/docs/6267
6. Alekhin A. N., Ostasheva E. I. Features of personality formation in adolescence as indicators of the quality of the educational environment // Psychological Science and Education. 2013. Volume 18. No. 6. pp. 13-18.
7. Zemskova D. D. Main directions of digital education: competency-based approach // Digital education: realities and prospects: Collection of materials of the International scientific and practical conference. Moscow, September 15, 2022. Moscow: Non-state educational private institution of higher education “Moscow Institute of Psychoanalysis”, 2022. P. 214-219. – EDN VYYMIO
8. Emelyanenko V.D. The Internet and the spiritual world of man: a value-worldview approach // Bulletin of Minin University. 2017. No. 4 (21). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/internet-i-duhovnyy-mir-cheloveka-tsennostno-mirovozzrencheskiy-podhod (date of access: 11/01/2023).
9. Zhigalova E. S., Nechaev M. P. The influence of the Internet environment on the education of a modern teenager // ASOU Conference: collection of scientific papers and materials of scientific and practical conferences. 2019. No. 1. P. 295-300. – EDN FXHMAI.
EDAGOGY AND LAW
KRAUTMAN Tatyana Evgenjevna
Ph.D. in philological sciences, associate professor of Humanitarian and socio-economical disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
USING OF LINGUISTIC EXAMINATION OF EXTREMIST TEXTS IN TEACHING OF FOREIGN LANGUAGES IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article discusses the prerequisites for using the fundamentals of linguistic expertise in teaching of foreign languages to be able to analyze conflict-prone texts with extremist content. The relevance of addressing to the linguistic aspect is determined, related to modern geopolitical conditions and the need to develop a system of methods, tools and ways for conducting language research that meets the requirements of jurisprudence.
Keywords: linguistic examination, educational organizations of the Ministry of Internal Affairs of Russia, foreign language.
Bibliographic list of articles
1. Balatskaya Yu. Yu., Krautman T. E. Features of the lexical-semantic fields of the concepts extremism / extremism, terrorism / terrorism in Russian and English languages // Kazan Science. – 2021. – No. 10. – pp. 125-127.
2. Butkevich S. A., Konopleva A. A. The role and place of educational organizations in the system of preventing terrorism and extremism // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (3). – pp. 248-253.
3. Golev N. D. Statement of problems at the intersection of language and law // Jurislinguistics – 1. Problems and prospects. – Barnaul, 1999. – P. 4-11.
4. Golev N. D., Matveeva O. N. Legal linguistic examination: at the intersection of language and law. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yurislingvisticheskaya-ekspertiza-na-styke-yazyka-i-prava-2/viewer.
5. Grachev M. A., Grachev A. M. Modern problems of linguistic forensics as a science // Bulletin of Cherepovets State University: Philological Sciences. – 2015. – No. 1. – P. 26-29.
6. Matveeva O. N. Legal linguistic expert research: prospects and ways of improvement // Theory and practice of linguistic analysis of media texts in forensic examinations and information disputes: Materials of an interregional scientific and practical seminar. – M., 2002.
7. Shagieva G. R. On the issue of linguistic expertise // Law: retrospective and perspective. – 2020. – No. 2 (2). – pp. 124-129.
EDAGOGY AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, ass.ociate professor of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University (branch in Sterlitamak)
BOGATYREVA Yuliya Olegovna
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University (branch in Sterlitamak)
LATYPOV Nuriddin Nemadjon ogli
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technological University (branch in Sterlitamak)
THE PROCESS OF SOCIO-CULTURAL ADAPTATION OF FOREIGN STUDENTS IN RUSSIAN UNIVERSITIES
This article discusses the features and types of adaptation. The main aspects are analyzed. Difficulties and barriers for adaptation that arise during the period of study of foreign students at a Russian university are formulated. International cooperation in the field of education not only increases the world level of educational institutions, but also has a positive effect on increasing cultural exchange, flexibility of thinking and more developed communication, as well as on successful intercultural interaction of countries, the development and promotion of educational and scientific activities. All this leads to the strengthening of intercultural relations, both between countries and among communities, peoples and nations within the same country. Basic types of adaptation of foreign students as biological and psychological were considered in the course of our research. Also much attention was paid to socio-cultural adaptation as one of the main components of psychological adaptation. The text gives valuable information on methods of socio-cultural adaptation of foreign students to a new environment, contributing to the early immersion in the educational process. There were also identified problems to early adaptation in the form of adaptation barriers. Conclusions are drawn that the degree and quality of the organization of interpersonal interaction and mutual understanding between students, as well as, between teachers and students of an educational institution is important for overcoming them.
Keywords: adaptation, socio-cultural environment, foreign students, adaptation barriers, socio-cultural integration.
Bibliographic list of articles
1. Arefieva A.V., Fateeva N.M., Glukhikh T.A., Turysheva A.A. Adaptation of students to educational stress // Health and education in the XXI century. – 2012. – No. 1.
2. Babakhan Yu. S. Basic psychological mechanisms of adaptation of students to educational activities // Psychological Journal. – 2003. – No. 6.
3. Boronina L.N., Vishnevsky Yu.R., Didkovskaya Ya.V. et al. Adaptation of freshmen: problems and trends // University management: practice and analysis. – 2001. – No. 4 (19).
4. Vitkovskaya M. I., Trotsuk I. V. Adaptation of foreign students to the conditions of life and study in Russia (using the example of RUDN University) // “Bulletin of RUDN University. Series “Sociology”. – M., 2003.
5. Elgina L. S. Social adaptation of students at the university // Vestn. Buryat, state un-ta. – 2010. – No. 5.
6. Latypova E. R. Intercultural communication in the modern world // Collection of materials of the International Scientific and Practical Conference. Editorial Board: N. V. Matveeva. – 2018.
7. Lebedeva O. A., Skopina Yu. I. Problems and difficulties of adaptation of foreign first-year students to living and studying conditions in Russia // Psychology and pedagogy: methods and problems of practical application. − 2014. − No. 35-1.
8. Maksimchuk E. D. Features of intercultural adaptation of foreign students and justification for the choice of methods for its research // Bulletin of SUSU. Series: Psychology. – 2014. – No. 1.
9. Ryabkova S. L. Analysis of the characteristics of the contingent of foreign students studying at the UNGASU under the pre-university preparation program // Proceedings of the Congress of the 16th International Scientific and Industrial Forum “Great Rivers 2014”. − N. Novgorod: Publishing house NNGASU, 2014. – T. 2.
EDAGOGY AND LAW
MARIANOV Alikhan Abdulaevich
Ph.D. in historical sciences, associate professor of the Dagestan State Pedagogical University, Dagestan State University, branch in Izberbash
MIRZAEV Zakir Mukailovich
Ph.D. in Law, associate professor of the Dagestan State Pedagogical University
MIRZAEVA Zeinab Zakirovna
senior lecturer of the Dagestan State Pedagogical University
INDEPENDENT WORK OF STUDENTS
This article is dedicated to the formation of effective independent work of students in the educational process. A model of organizing independent work of students has been developed and scientifically substantiated. This article describes the development of students’ independence, responsibility, organization and creativity in solving problems they face at different levels. The article is devoted to the independent work of students at the university. It analyzes various types of independent work. This article examines the role and importance of students’ independent work, and also provides arguments in favor of the need to create a new organizational model.
Keywords: concept, independent work at the university, pedagogical, education, student’s scientific work.
Bibliographic list of articles
1. Fundamentals of pedagogy and psychology in higher education / Ed. A. V. Petrovsky. – M., 1986. – P. 129.
2. Shcherbakova E. V. Independent work of students as the most important component of the organization of the educational process at a university // Young scientist. – 2010. – No. 8 (19). – T. 2. – P. 188-190.
EDAGOGY AND LAW
MEISUROV Shamil Suleymanovich
postgraduate student of Legal disciplines and teaching methods sub-faculty of the Dagestan State Pedagogical University
PROBLEMS OF MODERN LEGAL EDUCATION IN THE CONTEXT OF THE FORMATION OF THE INFORMATION SOCIETY
Legal education has rediscovered its potential in the realities of the development of modern information and digital technologies. At the same time, the risks leading to negative manifestations in the legal environment in general and in its educational and legal clusters, in particular, have become more relevant. Human rights are a key aspect that requires special attention. The purpose of the article is to develop an effective educational and legal format using positive elements of information and communication technologies. Such a model creates the appropriate prerequisites for the legal environment necessary for the full protection of human rights.
Keywords: legal education, information and digital technologies, human rights, digital skills, legal education.
Bibliographic list of articles
1. Turkaeva L.V. Problems of legal education of students in modern conditions of the digital educational environment // Bulletin of the Ural Institute of Economics, Management and Law. – 2022. – No. 1 (58). – pp. 75-80.
EDAGOGY AND LAW
KHAYRULLOVA Elvira Tagirovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminology sub-faculty of the Kazan Law Institute of the MIA of Russia
INOZEMTSEVA Yuliya Yurjevna
lecturer of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
ERKEEV Ilshat Khamitovich
senior lecturer of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
TO SOME METHODS OF ACTIVATING COGNITIVE ACTIVITIES OF STUDENTS
The article discusses the issues of enhancing the cognitive activity of law school students, due to the need to strengthen the connection between the educational process and practical activities. The possibilities of the forensic quiz, considered as one of the methods of activating the cognitive activity of students, contribute to the formation of a practical orientation of the educational process. Based on the analysis of forensic quizzes, the authors propose various proven competitive events and reveal their potential as methods and techniques that contribute to the activation of cognitive activity of students.
Keywords: extracurricular activities, quiz, competitions, activation of the cognitive process.
Bibliographic list of articles
1. Aminev F. G., Boyko Yu. L., Gribunov O. P., Dudaev A. B., Nugaeva E. D. Scenarios for conducting forensic quizzes: Educational and methodological manual. – M.: TsOKR Ministry of Internal Affairs of Russia, 2009. – 72 p.
2. Kudryashova A.V., Gorbatova T.N. The role of the teacher in the process of developing creative independence of students of higher educational institutions // Young scientist. – 2015. – No. 4. – P. 581-584.
3. Polyakova E.I. Integration of classroom and extracurricular activities as a factor in shaping students’ interest in mastering the experience of intercultural interaction // Almanac of modern science and education. – Tambov: Certificate, 2008. – No. 2. Part 2. – P. 149-152.
4. Ryabchikov S. A. On the issue of conducting forensic quizzes in the educational process // Education. The science. Scientific personnel. – 2022. – No. 4. – P. 260-262.
Psychology and Law
ZHABKIN Anton Sergeevich
Ph.D. in Law, lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, senior lieutenant of police
LIPANIN EvgeniyAlexandrovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
SHEVCHENKO Sergey Vyacheslavovich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
YARMUKHAMETOV Azamat Kavievich
lecturer of the cycle of cynology of the Ufa School for Training Specialists in Cynology of the MIA of Russia, major of police
FEATURES OF ADAPTATION OF POLICE OFFICERS TO PROFESSIONAL ACTIVITY
Investigating the content of the term “adaptation”, the authors analyze empirical sources, and come to the conclusion that the term “adaptation” can be considered in two ways, as a process and as a result. Considering the structure of the adaptive potential of the individual, the authors identify components, the development of which will allow a novice police officer to adapt more easily to the work function and the team. As the main components of the adaptive potential of the individual, the authors distinguish: cognitive, motivational and communicative. The authors note that planning of the working day, as well as activities aimed at combating stress, plays a great role in the process of adaptation of a novice police officer. An important role in the process of adaptation of a novice police officer is played by psychological readiness to carry out professional activities, which is important to form on the basis of the principles of consistency and systematicity.
Keywords: police officers, adaptation, psychological readiness, stress resistance, professional adaptation, professional activity.
Bibliographic list of articles
1. Vasilyeva I. A. Social and psychological adaptation of police officers depending on individual psychological characteristics // Bulletin of BSU. Education. Personality. Society. – 2012. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskaya-adaptatsiya-sotrudnikov-politsii-v-zavisimosti-ot-individualno-psihologicheskih-osobennostey (date of access: 10/17/2023).
2. Golub L.N., Medvedeva S.A. Professional adaptation: stages, levels and characteristics // Scientific notes of Lesgaft University. – 2021. – No. 5 (195). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-adaptatsiya-etapy-urovni-i-harakteristiki (date of access: 10/17/2023).
3. Dukhnovsky S.V. Temporal features and personnel risks of police officers during the period of adaptation to official activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 2 (98). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/temporalnye-osobennosti-i-kadrovye-riski-sotrudnikov-politsii-v-period-adaptatsii-k-sluzhebnoy-deyatelnosti (date of access: 10/17/2023).
4. Zhidkova O. A. Psychological assessment of professional burnout of police patrol officers during the period of professional adaptation // Bulletin of the Samara Law Institute. – 2021. – No. 4 (45). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-otsenka-professionalnogo-vygoraniya-sotrudnikov-patrulno-postovoy-sluzhby-politsii-v-period-professionalnoy (access date: 10/17/2023).
5. Zhukovsky S.V. Model of pedagogical support for professional adaptation of military specialists: structural and content characteristics // Domestic and foreign pedagogy. – 2023. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/model-pedagogicheskogo-soprovozhdeniya-professionalnoy-adaptatsii-voennyh-spetsialistov-strukturno-soderzhatelnaya-harakteristika (date of access: 10.17.2023).
6. Mayurov N.P., Mayurov P.N., Oroeva O.D. Features of professional adaptation of young police officers to the service // Leningrad Law Journal. – 2018. – No. 4 (54). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-professionalnoy-adaptatsii-molodyh-sotrudnikov-ovd-k-sluzhbe (date of access: 10/17/2023).
7. Pinchuk A. N. Social and professional adaptation: from conceptualization to measurement // SNiSP. – 2021. – No. 2 (34). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-professionalnaya-adaptatsiya-ot-kontseptualizatsii-k-izmereniyu (date of access: 10/17/2023).
Psychology and Law
IDRYSHEVA Sarah Kimadievna
Ph.D. in Law, professor of the M. S. Narikbaev University (JSC KAZGUU), Republic of Kazakhstan
SOKOLSKAYA Lyudmila Viktorovna
Ph.D. in Law, associate professor of the State Educational Institution of Higher Education “State Humanitarian and Technological University”
VALENTONIS Aturas Stanislavovich
Ph.D. in Law, associate professor of the State Educational Institution of Higher Education “State Humanitarian and Technological University”
ETHICAL AND LEGAL DILEMMAS ARISING DURING BIOLOGICAL AND SOCIAL EMERGENCIES
The article examines the ethical and legal dilemmas that arise when biological and social emergencies occur. The creation of strict restrictions on previously established social connections called into question the provision of such constitutional rights and freedoms of citizens as the right to work, unhindered movement, etc. The imperfection of national legislation and the forced application of epidemiological restrictions led to the emergence of social problems on a global scale, to the deterioration of emotional state of citizens. The authors formulate proposals for further improvement of legislation, legal education of the population to improve the regulation of social relations in society during biological and social emergencies.
Keywords: emergency, biological-social emergency, pandemic, legislation, social tension.
Bibliographic list of articles
1. Challenges of the pandemic and the strategic agenda for society and the state: socio-political situation and demographic situation in 2021: monograph / Rep. ed. V. K. Levashov, G. V. Osipov, S. V. Ryazantsev, T. K. Rostovskaya. – M.: FNISC RAS, 2021.
2. Didikin A. B., Trinitka D. G. Ethical and legal dilemmas in the era of the global pandemic // Theoretical and Applied Jurisprudence. – 2022. – No. 3 (13).
3. Kostrov A.V., Glushchenko O.O. Accident at the Sayano-Shushenskaya HPP: it is necessary to improve the regulatory legal framework of the RSChS. // “Law and Security”. – No. – 3 (36). October 2010. [Electronic resource]. – Access mode: https://dpr.ru/pravo/pravo_32_17.htm (access date: 10/18/2023).
4. Nestik T. A. Psychological consequences of the pandemic and vitality resources in the context of global risks // Psychological newspaper. [Electronic resource]. – Access mode: https://psy.su/feed/9098/ (date of access: 10/18/2023).
5. Ordobaev B. S., Boronov K. A. Emergency situations. Classification and rules of conduct. – Bishkek: El Elion LLC. – 2017. – 218 pp.
Psychology and Law
YAMALETDINOV Ayrat Aidarovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
SHARAFUTDINOV Ilshat Sabitovich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Cynologists of the MIA of Russia, captain of police
OREKHOVA Natalya Alexandrovna
lecturer of Administrative activity of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
KHOROLSKIY Vladimir Vitaljevich
Ph.D. in pedagogical sciences, associate professor, senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
PROBLEMS OF ENSURING THE READINESS OF POLICE OFFICERS TO SERVE IN SPECIAL CONDITIONS
This article discusses the main problems faced by a police officer while serving in special conditions, as well as the methodology of training police officers to serve in extreme conditions. The authors reflect the importance of a practice-oriented approach in the training of police officers and consider the most effective pedagogical methods of training police officers to act in special conditions. The authors analyze the terms “special conditions” and “readiness to act in special conditions”. Special attention is paid to the need to develop psychological stability of police officers, resistance to stressful factors, both social and physical.
Keywords: special conditions, readiness, psychological readiness, police officer, readiness development, preparedness, internal affairs bodies.
Bibliographic list of articles:
1. Bilyk V.I., Mitrakova E.N. Psychological training of employees of internal affairs bodies for actions in extreme conditions: problems and solutions // Psychology and pedagogy of service activities. – 2023. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-podgotovka-sotrudnikov-organov-vnutrennih-del-k-deystviyam-v-ekstremalnyh-usloviyah-problemy-i-sposoby-resheniya (access date: 21.10 .2023).
2. Gromov M. A. Current problems of ensuring the readiness of bodies and units of the Ministry of Internal Affairs of Russia to act in special conditions // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2012. – No. 2 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-obespecheniya-gotovnosti-organov-i-podrazdeleniy-mvd-rossii-k-deystviyam-v-osobyh-usloviyah (date of access: 10/21/2023).
3. Ermolova E. O., Tagiltseva E. A. Neuropsychic stability and character accentuations of employees of internal affairs bodies serving in normal mode and special conditions // Psychopedagogy in law enforcement agencies. – 2022. – No. 4 (91). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nervno-psihicheskaya-ustoychivost-i-aktsentuatsii-haraktera-sotrudnikov-organov-vnutrennih-del-nesuschih-sluzhbu-v-shtatnom-rezhime (date of access: 21.10 .2023).
4. Koinov M. Yu. Methodology for training police patrol officers to act in special conditions // Bulletin of Economics, Management and Law. – 2022. – No. 4 (61). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodika-podgotovki-sotrudnikov-patrulno-postovoy-sluzhby-politsii-k-deystviyam-v-osobyh-usloviyah (date of access: 10/21/2023).
5. Kostyukov A. D. The concept and significance of special conditions for the activities of law enforcement agencies // Eurasian Legal Journal. – 2019. – No. 8 (135). – pp. 273-275.
STATE AND LAW
BUTYAYKIN Ilya Alexandrovich
associate professor of Legal disciplines sub-faculty of the Faculty of Law of the State University of Humanities and Technology
THE USE OF MODERN AND CLASSICAL ELECTION TECHNOLOGIES FOR THE DEVELOPMENT AND REALIZATION OF DEMOCRATIC VALUES IN THE RUSSIAN FEDERATION
The article discusses issues related to electronic voting methods in elections in the Russian Federation, postal voting in elections in the Russian Federation, modernization of the ballot, protection of the voter’s vote from fraud, elections in the Russian Federation – this is the creation of the possibility of controlling the voter’s vote by the voter himself. An important point in the article is given to technologies that allow you to create ballots that can stay in touch with the voter and be controlled by him before and after the elections, the use of modern information and electronic systems to simplify the voting process and reduce the risk of falsification of electoral documents. Special attention is paid to electronic voting methods, which are becoming increasingly popular in our country. Such systems allow voters to vote remotely from the comfort of their homes, which greatly simplifies the process and makes it more accessible to all citizens. The article examines an important aspect of the democratic development of the voting system in elections in the Russian Federation.
Keywords: election law, voting in elections, protection of election documents, SAS “Election”, public services.
Bibliographic list of articles
1. A law on voting in elections by mail has been adopted. – [Electronic resource]. – Access mode: http://duma.gov.ru/news/48542/ (access date: 12/08/2020).
2. Digital footprints: what are they? – [Electronic resource]. – Access mode: https://myshadow.org/ru/digital-traces-content-and-metadata (access date: 12/06/2020).
3. Butyaykin I. A., Polovinkina A. K. Modernization of the voting process in elections in the Russian Federation // Law and practice. – 2018. – No. 3. – P. 36-39. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/modernizatsiya-protsessa-golosovaniya-na-vyborah-v-rossiyskoy-federatsii (date of access: 12/06/2023).
4. Butyaykin I. A. Control of the voter’s vote by the voter himself in elections in the Russian Federation // Law and practice. – 2020. – No. 2. – P. 32-3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontrol-za-golosom-izbiratelya-samim-izbiratelem-na-vyborah-v-rossiyskoy-federatsiielections) (date of access: 12/07/2023).
5. Kravchenko O. A. The concept and basis for the classification of distortions of the will of the people during voting // Current problems of Russian law. – 2018. – No. 9 (94). – pp. 82-91. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-osnovaniya-klassifikatsii-iskazheniy-voleizyavleniya-naroda-pri-golosovanii (date of access: 12/06/2023).
6. Electronic voting. Risks and vulnerabilities. – [Electronic resource]. – Access mode: https://evoting.ru/ (access date: 12/06/2023).
STATE AND LAW
KITAEVA Alina Vladimirovna
Ph.D. in Law, associate professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor of Public law sub-faculty of the Samara State University of Economics
FOREIGN EXPERIENCE OF STATE PARTICIPATION IN JOINT STOCK COMPANIES
This article discusses the issues of foreign experience of state participation in joint-stock companies. The author explores various models and approaches used by foreign countries in the management of JSC, including Anglo-Saxon, continental and other systems. Special attention is paid to the mechanisms of state participation in the economy, the goals and features of such participation.
The article also examines the effectiveness and applicability of various management models of a joint-stock company, depending on their size, the number of shareholders and the specifics of their activities. Examples of foreign countries, such as the USA, France, and others, using different models of JSC management, are studied in order to identify the best practices and applicability of these models in the context of different countries and corporations.
Keywords: management model, management system, joint-stock company, state participation.
Bibliographic list of articles
1. Drobyshevskaya L.N. Models of corporate governance: world experience and Russian practice // Young scientist. – 2018. – No. 4. – P. 73-77.
2. Makarova O. A. Problems of typology of corporations // Law. – 2009. – No. 2. – P. 173-183.
3. Proskuryakov D. O. Concept, classification and features of the legal status of state corporations // Young scientist. – 2019. – No. 46. – P. 193-195.
4. Sukhanov E. A. Prospects for corporate legislation and other problems of domestic law // Law. – 2006. – No. 9. – P. 4-8.
STATE AND LAW
KURBANOV Ahmed Ramilovich
student of the 2nd course (majoring in 40.04.01 Jurisprudence, aiming for a Master’s degree) of the extramural paid department of the Institute of Law of the Dagestan State University, Makhachkala
GASANALIEV Aigum Shapievich
Ph.D. in Law, associate professor of Administrative, financial, and customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF INTERACTION OF EXECUTIVE AUTHORITIES IN THE RUSSIAN FEDERATION
The article examines the main problems of interaction between executive authorities in the Russian Federation, describes ways to solve these problems.
At the present stage of development of the Russian state, the executive branch plays a key role in ensuring its stable and effective functioning and development.
At the heart of these problems lies a complex network of bureaucratic intricacies. The publication of illegal normative legal acts, the divergence of interests in the performance of the same tasks, the complexity of the bureaucratic machine at the federal, regional and local levels of executive authorities often leading to friction, delays and inefficiency. This creates obstacles to the implementation of a coherent policy and rapid response to dynamic socio-political demands
The problems that arise in the current political, economic, and social conditions in the interaction between executive authorities can have serious consequences in the form of a decrease in the performance of the tasks we are facing.
Keywords: Executive power; executive authorities, functions of executive authorities, bureaucratic system.
Bibliographic list of articles
1. Alekseev I. A., Stankevich G. V., Tsapko M. I., Svistunov A. A., Belyavsky D. S., Khabibulina O. V. Administrative law. Textbook. – M.: Prospekt, 2020. – P. 199-205.
2. Alekhin A.P. Workshop Administrative Law of the Russian Federation. – M.: Mirror, 2020. – pp. 80-86.
3. Ivanov D.V. Administrative law of the Russian Federation. – M.: Synergy University Publishing House, 2020. – pp. 73-77.
4. Starostin S. A., Bakurova N. N., Akhrem I. A. Legal support of public administration and executive power. Textbook for masters. – M.: Prospekt, 2021. – P. 129-336.
STATE AND LAW
PUGINA Varvara Ivanova
master’s degree of the Far Eastern Federal University, Vladivostok
BURNOS Adelina Viktorovna
student of the Far Eastern Federal University, Vladivostok
KHOLOD Egor Konstantinovich
student of the Far Eastern Federal University, Vladivostok
GOMENYUK Victoria Anatolyevna
student of the Far Eastern Federal University, Vladivostok
NESINA Alina Maksimovna
student of the Far Eastern Federal University, Vladivostok
POPULISM AND ITS IMPACT ON THE DESIRE FOR REDISTRIBUTION IN THE CONTEXT OF A PANDEMIC
The article examines the relationship between populist rhetoric and society’s desire for redistribution in the context of the Covid-19 pandemic. The article examines how various forms of populist statements directed against elites and foreigners affect public preferences and needs in social policy. The main focus is on the effects of populism on the subjective perception of risk and interest in redistribution in the context of instability caused by the global pandemic.
Keywords: populism, redistribution, Covid-19 pandemic, social policy, rhetoric, anti-elite slogans, “anti-foreign” rhetoric, public preferences, risk, welfare state.
Bibliographic list of articles
1. Boholm Å. Comparative studies of risk perception: a review of twenty years of research // Journal of Risk Research. – 1998. – No. 1. – R. 64-84.
2. Mares I. Social protection around the world: external insecurity, state capacity and domestic political cleavages // Comparative Political Studies. – 2005. – No. 38. – R. 623-651.
3. Bonikowski B. Ethno-nationalist populism and the mobilization of collective resentment // The British Journal of Sociology. – 2017. – No. 68. – R. S181-S213.
4. Art D. The myth of global populism // Perspectives on Politics. – 2022. – No. 20. – R. 999-1011.
5. Mudde C. (2017) Populism: An ideational approach. In Kaltwasser CR, Taggart P, Espejo PO and Ostiguy P (eds). The Oxford Handbook of Populism. – Oxford: Oxford University Press, 2017. – R. 28-54.
6. Collinson S (2020) Trump seeks a ‘miracle’ as virus fears mount. CNN, February 28.
7. Afonso A. and Rennwald L. Social class and the changing welfare state agenda of radical right parties in Europe. In Manow P, Palier B and Schwander H (eds). Welfare Democracies and Party Politics: Explaining Electoral Dynamics in Times of Changing Welfare Capitalism. – New York: Oxford University Press, 2018. – R. 171-194.
8. Neuner FG and Wratil C. The populist marketplace: unpacking the role of “thin” and “thick” ideology // Political Behavior. – 2022. – No. 44. – R. 551-574.
9. Rehm P. Risk Inequality and Welfare States: Social Policy Preferences, Development and Dynamics. – New York: Cambridge University Press, 2016.
10. Hacker J., Rehm P. and Schlesinger M. The insecure American: economic experiences, financial worries, and political attitudes // Perspectives on Politics. – 2013. – No. 11. – P. 23-49.
STATE AND LAW
GALITSKAYA Elizaveta Sergeevna
student of the Far Eastern Federal University, Vladivostok
GERMAN Rinatovich Minachev
master’s degree of the Far Eastern Federal University, Vladivostok
GERASHCHENKO Nikita Arturovich
master’s degree of the Far Eastern Federal University, Vladivostok
LYASHEVA Elena Anatolyevna
student of the Far Eastern Federal University, Vladivostok
POPOVA Valeria Konstantinovna
student of the Far Eastern Federal University, Vladivostok
CONTEXT IN MEDIA COMMUNICATION: AN ANALYSIS OF EUROPEAN POLITICAL DISCOURSE
The article provides an analytical overview of the media coverage of political events in European countries, focusing on the role of context in the interpretation and perception of information. Based on data from various studies, the authors consider how common European trends and unique national characteristics affect the formation of a media agenda. In particular, the article analyzes media coverage of the Eurocrisis and elections in different countries, emphasizing the importance of context in understanding political discourse.
Keywords: media communication, political discourse, context, Eurocrisis, elections, national characteristics, media propaganda, interpretation, perception.
Bibliographic list of articles
1. Salgado, S. (2019). Not all about trends: Persistent singularities in election news coverage. In S. Salgado (Ed.), Mediated campaigns and populism in Europe (pp. 165-184). Cham, Switzerland: Springer Nature.
2. Hantrais, L. (2009). International research comparative. Theory, methods, and practice. Basingstoke, UK: Palgrave Macmillan.
3. Park, Y. J., Jang, S. M., Lee, H., & Yang, G. S. (2018). Divide in Ferguson: social media, social context, and division. Social Media + Society. doi:10.1177/2056305118789630
4. Sartori, G. (1970). Concept misformation in comparative politics. The American Political Science Review, 64(4).
5. Vu, H. T., Jiang, L., Chacón, L. M. C., Riedl, M. J., Tran, D. V., & Bobkowski, P. S. (2018). What influences media effects on public perception? A cross-national study of comparative agenda setting. International Communication Gazette.
6. Powers, M., & Vera-Zambrano, S. (2018). The universal and the contextual of media systems: Research design, epistemology, and the production of comparative knowledge. The International Journal of Press/Politics, 23(2), 143-160.
7. Jenson, J. (1978). Comment: The filling of wine bottles is not easy. Canadian Journal of Political Science, 11(2), 437-446.
8. Salgado, S. (2014). The internet and democracy building in Lusophone African Countries. London, UK: Routledge.
9. Swanson, D. (2004). Transnational trends in political communication: Conventional views and new realities. In F. Esser & B. Pfetsch (Eds.), Comparing political communication (pp. 45-63). Cambridge, UK: Cambridge University Press.
STATE AND LAW
MISHCHUK Angelika Igorevna
student of the Far Eastern Federal University, Vladivostok
STEPANOVA Anna Sergeevna
student of the Far Eastern Federal University, Vladivostok
SELINA Tatyana Olegovna
student of the Far Eastern Federal University, Vladivostok
GRISHCHENKO Violetta Viktorovna
student of the Far Eastern Federal University, Vladivostok
THE DYNAMICS OF IMMIGRATION POLICY: THE RELATIONSHIP BETWEEN PUBLIC OPINION AND POLICY
This study examines a comprehensive analysis of the immigration policy of European countries, focusing on the interaction between public sentiment and decisions at the state level. The study identifies the main factors determining the direction of immigration policy, and also examines possible variations of this dynamics in various European countries. Special attention is paid to the role of European democracies in shaping and regulating immigration processes on the continent.
Keywords: immigration, Europe, public opinion, public policy, European democracies, regulation, dynamics, immigration policy, interstate relations, globalization.
Bibliographic list of articles
1. Ivakhnyuk I.V. Proposals for Russia’s migration strategy until 2035. – Moscow: Center for Strategic Research, 2017.
2. Concept of state migration policy of the Russian Federation for the period until 2025. Approved by the President of the Russian Federation on June 13, 2012
3. Rybakovsky L. L. Migration of the population: forecasts, factors, policy. – Moscow: Science, 1987.
4. Wlezien C. Public opinion and policy representation: On conceptualization, measurement, and interpretation // Policy Studies Journal. – 2017. – No. 45 (4). – R. 561-582. https://doi.org/10.1111/psj.12190.
5. Statham P., & Geddes A. (2006). Elites and the ‘organized public’: Who drives British politics immigration and in which direction? // West European Politics. – 2006. – No. 9 (2). – R. 248-269. https://doi.org/10.1080/01402380500512601.
6. Welzel, C. (2013). Freedom rising: Human empowerment and the quest for emancipation. Cambridge University Press.
7. Stimson J. A. The dyad ratios algorithm for estimating latent public opinion. Bulletin of Sociological Methodology // Bulletin de Méthodologie Sociologique. 2018. 137-138(1), 201–218. https://doi.org/10.1177/0759106318761614.
8. Van Hauwaert S. M., & English P. Responsiveness and the macro-origins of immigration opinions: Evidence from Belgium, France, and the UK // Comparative European Politics. – 2019. – No. 17 (6). – R. 832-859. https://doi.org/10.1057/s41295-018-0130-5.
9. Stokes, D. Spatial models of party competition // American Political Science Review. – 1963. – No. 57 (2). – R. 368-377. https://doi.org/10.2307/1952828.
10. Soroka S. N., & Wlezien C. Opinion-policy dynamics: Public preferences and public expenditure in the United Kingdom // British Journal of Political Science. – 2005. – No. 35 (04). – R. 665-689. https://doi.org/10.1017/S0007123405000347.
11. Wlezien C. (1995). The public as thermostat: Dynamics of preferences for spending // American Journal of Political Science. – 1995. – No. 39 (4). – R. 981-1000. https://doi.org/10.2307/2111666.
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, senior lecturer of the M. V. Lomonosov Moscow State University
SOROKOUMOV Egor Alexeevich
magister student of the M. V. Lomonosov Moscow State University
“NEW MEDIA” IN THE SYSTEM OF POLITICAL CONFLICTS
Modern political conflicts are increasingly using mass media and communications. Thanks to the rapid development of Internet technologies, the modern world has changed the system and speed of information dissemination, pushing “new media” (electronic media, blogs, Internet news aggregators, social networks, messengers and others) to a leading position in the modern system of mass and political communication.
Keywords: information society, new media, political conflicts, social networks
Bibliographic list of articles
1. Geraskin I.I. Media corporations in modern political processes: technologies and resources of influence // Politbook. – 2021. – No. 3. – P. 151-166.
2. Dmitriev S.S. Digital mobilization: new mechanisms and opportunities for political management // Management consulting. – 2021. – No. 2. – pp. 18-25.
3. Kinash Yu. S. Possibilities of information technologies in modern political conflicts (using the example of the conflict in Libya in 2011) // Politbook. – 2017. – No. 3. – P. 172-183.
4. 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.
LANGUAGE AND LAW
MAKAYEV Khanif Fakhretdinovich
associate professor of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
MAKAYEVA Guzal Zaynagievna
associate professor of Foreign languages sub-faculty of the Institute of Economics and Management of the Kazan State University of Architecture and Engineering
IBATULINA Lyutsiya Munirovna
senior lecturer of Foreign languages sub-faculty of the Institute of International Relations of the Kazan Federal University
TRANSFORMATIONS IN TRANSLATING LEGAL TEXTS FROM ENGLISH INTO RUSSIAN
The rapid development of all spheres of society, including legal, leads to an increase in the exchange of scientific information and to the demand for its adequate translation. This fact raises the need to determine effective translation methods as a separate type of translation activity. Consequently, there is a need to apply different types of translation transformations when translating legal texts to avoid contextual inconsistencies between the units of the target language and the language of the original source. The work examines lexical, grammatical and complex transformations used in the translation of legal texts. The research methods were analysis, comparison and search. The most frequently used types of transformations when translating legal texts have been identified. The results of the work can be used by teachers, linguists, translators, and students of translation specialties.
Keywords: translation transformation, types of transformations, student, method, teaching, language.
Bibliographic list of articles
1. Gredina I.V. Translation in scientific and technical activities: a textbook. – Tomsk: Tomsk Polytechnic University Publishing House, 2010.
2. Strelkovsky G. M., Latyshev L. K. Scientific and technical translation: a manual for German teachers. language – Moscow: Enlightenment, 1980.
3. Barkhudarov L. S. Language and translation [Text]. – M.: International Relations, 1975.
4. Makaev Kh. F., Makaeva G. Z. Taking into account semantic differences and multivariance of translation of individual components of multi-component legal terms in Russian and English // Eurasian Legal Journal. – 2020.- No. 10 (149). – pp. 442-443.
5. Makaev Kh. F., Makaeva G. Z. Accounting for education, definitions and translation of terms in the legal sphere as a guarantee of their appropriate use // Eurasian Legal Journal. – 2018. – No. 11. – P. 345-347.
ECONOMY. RIGHT. SOCIETY
SEMIN Alexander Nikolaevich
Academician of the Russian Academy of Sciences, Ph.D. in economical sciences, professor, professor of World economy and foreign economic activity sub-faculty of the Ural State Economic University
GUSMANOV Rasul Uzbekovich
Ph.D. in economical sciences, professor, professor of Economics and management sub-faculty of the Bashkir State Agrarian University
SUBKHANGULOV Rustem Raisovich
Ph.D. in economical sciences, associate professor, Head of Management in internal affairs bodies sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE PROBLEMS OF FORMING THE INNOVATIVE POTENTIAL OF RESOURCE-TYPE INDUSTRIES
The article examines problematic issues in the formation of innovative potential using the example of resource-type industries – agriculture and forestry. The problems affecting the attraction of innovations into production, from the traditional way of life to the financial capabilities of organizations, are considered. The possibilities of using foreign and borrowed innovative products taking into account the imposed sanctions are analyzed. A model of public-private partnership for a scientific cluster is proposed using the example of a region.
Keywords:innovation, innovative potential, agriculture, region, cluster.
Bibliographic list of articles
1. Subkhangulov R.R. Current problems of forming the innovative potential of the region // Moscow Economic Journal. – 2019. – No. 12. – P. 28.
ECONOMY. RIGHT. SOCIETY
ALIEVA Zulfiya Magomedovna
Ph.D. in economical sciences, 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-faculty of the Dagestan State University, branch in Izberbash
IBRAGIMOV Murad Tatamovich
senior lecturer of the Dagestan Humanitarian Institute (branch) of the Academy of Labor and Social Relations
THE RELATIONSHIP BETWEEN INCOME INEQUALITY AND ECONOMIC GROWTH
In order to achieve economic growth, politicians are reconsidering their decisions. It is discussed that government policies aimed at reducing income inequality effectively contribute to long-term sustainable growth. On the other hand, theoretical and empirical studies of the impact of income inequality on economic growth are relatively new. Economists are increasingly paying attention to the connections between these variables. Several studies have predicted that the impact of income inequality on economic growth will be positive. Early research concluded that income inequality contributes to economic growth by increasing savings. The research conducted in the article will provide a more complete explanation of how the relationship between income inequality and economic growth arises.
Keywords: income inequality, economic growth, increase in savings, theoretical interrelations.
Bibliographic list of articles
1. Zubarevich N. Regions of Russia: inequality, crisis, modernization. – M.: Independent Institute for Social Policy, 2010. – P. 23.
2. List of countries by income inequality indicators. – [Electronic resource]. – Access mode: https://www.wikisciencecompetition.org/contest/ (date of access: 05.11.2023).
3. Glushchenko K. P. On the assessment of interregional inequality // Spatial Economics. – 2005. – No. 4. – P. 39-58.
4. Aghion P., Caroli E., Garcia-Penalosa C. Inequality and Economic Growth: the Perspective of the New Growth Theories // Journal of Economic Literature. – 1999. – No. 37 (4). – P. 1615-1660.
5. Gershman B. Income inequality and economic growth: a review of econometric studies // Economic science of modern Russia. – 2009. – No. 2 (45). – P. 123.
6. Sharaev Yu. V. Theory of economic growth. – M.: State University Higher School of Economics, 2006. – P. 179.
7. Akaev A. A., Sadovnichy V. A. Global demographic models as a basis for strategic forecast // Projects and risks of the future. – M.: KRASAND, 2011. – P. 17-44.
8. Demirgyuch-Kunt A. Financial services for everyone? Strategies and problems of expanding access / Ashli Demirgüç-Kunt, Thorsten Beck, Patrick Honovan; Per. from English – M.: Alpina Publishers, 2011. – P. 145.
ECONOMY. RIGHT. SOCIETY
BAYRUSHINA Flаrida Fatihovna
Ph.D. in economical sciences, associate professor of the Ufa State Petroleum Technical University
DESYATKIN Dmitriy Valerjevich
magister student of the Ufa State Petroleum Technical University
GABBASOVA Elina Igorevna
magister student of the Ufa State Petroleum Technical University
PROBLEMS OF SMALL BUSINESS DEVELOPMENT IN RUSSIA UNDER SANCTIONS PRESSURE
In general, the article is a comprehensive analysis of the state and prospects of small business development in Russia. The article analyzes the trends in the development of small businesses, assesses the impact of large-scale sanctions on the prospects for the development of small businesses. Based on Rosstat statistics, an analysis of key indicators of small business in the period from 2019 to 2021 is presented. The dynamics of international indicators of the state of the business environment for doing business in Russia is analyzed. This gives an idea of the impact that international factors can have on the competitiveness of the business environment in the country. Comparative analysis also helps to understand how sanctions can affect the overall dynamics and stability of small businesses.
Keywords: small business, entrepreneurship, sanctions, ease of doing business, protection of property rights, institutional environment.
Bibliographic list of articles
1. Small and medium-sized businesses in Russia. 2022: Stat. Sat. / M 19 Rosstat. – M., 2022. – 101 p.
2. Bayrushin F. T., Shaibakova E. R., Budkov D. A., Gilyazova A. I. Information protection of the national economy RRussia // Eurasian Legal Journal. – 2022. – No. 11 (174). – pp. 362-363.
3. Special report to the President of the Russian Federation – 2021. SMEs / Post-Covid. Time for systemic solutions. [Electronic resource]. – Access mode: http://doklad.ombudsmanbiz.ru/2021/7.pdf (date of access: 09.11.2023).
4. Cost of business start-up procedures (% of GNI per capita): data.worldbank.org [Electronic resource]. – Access mode: https://data.worldbank.org/indicator/IC.REG.COST.PC.ZS?locations=RU (access date: 11/09/2023).
5. Doing Business in Russian Federation: archive.doingbusiness.org [Electronic resource]. – Access mode: https://archive.doingbusiness.org/en/data/exploreeconomies/russia (access date: 09.11.2023).
6. International Property Right Index in Russian Federation: www.internationalpropertyrightsindex.org [Electronic resource]. – Access mode: https://www.internationalpropertyrightsindex.org/country/russia (date of access: 09.11.2023).
ECONOMY. RIGHT. SOCIETY
BYAKOV Denis Valerjevich
lecturer of Sociology and advertising communications sub-faculty of the A. N. Kosygin Russian State University
SOCIAL FACTORS OF ATTRACTING YOUNG PEOPLE TO SPORTS (REVIEW OF FOREIGN LITERATURE)
Participation in sports events can potentially contribute to improving the health of young people. A necessary condition for young people to benefit from sports is the duration of classes and not leaving the sports section. Research is needed that takes into account both personal and contextual factors in order to reveal the broader health potential of youth sports. The purpose of the study is to review foreign publications that represent studies of the factors of youth involvement in sports clubs and stimulating their long–term sports activity.
Keywords: sports, sports clubs, youth, retirement from sports, duration of classes, conditions, involvement, consolidation.
Bibliographic list of articles
1. Allender S., Cowburn G., Foster C. Understanding participation in sport and physical activity among children and adults: A review of qualitative studies. Health Educ. Res. 2006; 21: 826-835.
2. Andersson E. A referee perspective on the educational practice of competitive youth games: Exploring the pedagogical function of parents, coaches and referees in grassroots soccer. Phys. Educ. Sport Pedagog. 2019; 24: 615-628.
3. Basterfield L., Gardner L., Reilly J. K., Pearce M. S., Parkinson K. N., Adamson A. J., Reilly J. J., Vella S. A. Can’t play, won’t play: Longitudinal changes in perceived barriers to participation in sports clubs across the child –adolescent transition. BMJ Open Sport Exerc. Med. 2016; 2.
4. Crane J., Temple V. A systematic review of dropout from organized sport among children and youth. Eur. Phys. Educ. Rev. 2015; 21: 114-131.
5. Cronin L. D., Allen J. Examining the relationships among the coaching climate, life skills development and well-being in sport. Int. J. Sports Sci. Coach. 2018; 13: 815-827.
6. Deelen I., Ettema D., Kamphuis C. B. Time-use and environmental determinants of dropout from organized youth football and tennis. BMC Public Health. 2018; 18: 1022.
7. Evans M. B., Allan V., Erickson K., Martin L. J., Budziszewski R., Côté J. Are all sport activities equal? A vary systematic review of how youth psychosocial experiences across differing sport activities. Br. J. Sports Med. 2017; 51: 169-176.
8. Fraser-Thomas J., Falcão W., Wolman L. Routledge Handbook of Youth Sport. Routledge; London, UK: 2018. Understanding take-up, drop-out and drop-off in youth sport; pp. 227-242.
9. Fredriksson I., Geidne S., Eriksson C. Leisure-time youth centers as health-promoting settings: Experiences from multicultural neighborhoods in Sweden. Scand. J. Public Health. 2018; 46: 72-79.
10. Gardner L. A., Magee C. A., Vella S. A. Enjoyment and behavioral intention predict organized youth sport participation and dropout. J. Phys. Act. Health. 2017; 14: 861-865.
11. Humbert M. L., Chad K. E., Bruner M. W., Spink K. S., Muhajarine N., Anderson K. D., Girolami T. M., Odnokon P., Gryba C. R. Using a naturalistic ecological approach to examine the factors influencing youth physical activity across grades 7 to 12. Health Educ. Behav. 2008; 35: 158-173.
12. Light R. L., Harvey S., Memmert D. Why children join and stay in sports clubs: Case studies in Australian, French and German swimming clubs. Sport Educ. Soc. 2013; 18: 550-566.
13. Rottensteiner C., Laakso L., Pihlaja T., Konttinen N. Personal reasons for withdrawal from team sports and the influence of significant others among youth athletes. Int. J. Sports Sci. Coach. 2013; 8: 19-32.
14. Säfvenbom R., Geldhof G. J., Haugen T. Sports clubs as accessible developmental assets for all? Adolescents’ assessment of egalitarianism vs. elitism in sport clubs vs. school. Int. J. Sport Policy Politics. 2014; 6: 443-457.
15. Schlesinger T., Löbig A., Ehnold P., Nagel S. What is influencing the dropout behavior of youth players from organized football? Ger. J. Exerc. Sport Res. 2018; 48: 176–191.
16. Seippel Ø. N. Orker Ikke, Gidder Ikke, Passer Ikke? Om Frafallet i Norsk Idrett. Institute for Samfunnsforskning. ISF-Rapport; Oslo, Norway: 2005.
17. Shull E. R., Dowda M., Saunders R. P., McIver K., Pate R. R. Sport participation, physical activity and sedentary behavior in the transition from middle school to high school. J. Sci. Med. Sport. 2020; 23: 385-389.
18. Skille E., Østerås J. What does sport mean to you? Fun and other preferences for adolescents’ sport participation. Crit. Public Health. 2011; 21: 359-372.
19. Temple V. A., Crane J. R. A systematic review of drop-out from organized soccer among children and adolescents. Soccer Soc. 2016; 17: 856-881.
20. Thedin Jakobsson B., Lundvall S., Redelius K., Engström L.-M. Almost all start but who continue? A longitudinal study of youth participation in Swedish club sports. Eur. Phys. Educ. Rev. 2012; 18: 3-18.
21. Wiium N., Säfvenbom R. Participation in Organized Sports and Self-Organized Physical Activity: Associations with Developmental Factors. Int. J. Environ. Res. Public Health. 2019; 16: 585.
ECONOMY. RIGHT. SOCIETY
GAYSINA Gulyamda Ayratovna
magister student of the Faculty of Public and Municipal Administration and Economics of the Bashkir Academy of Public service and Management under the Head of the Republic of Bashkortostan
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
NURUTDINOV Azamat Anvarovich
Ph.D. in technical sciences, associate professor of Industrial safety and industrial ecology sub-faculty of the Institute of Chemistry and Emergency Protection of the Ufa University of Science and Technology; associate professor of Quality management in production and technological systems sub-faculty of the Chelyabinsk State University
CURRENT STATE AND PROSPECTS FOR THE DEVELOPMENT OF GASIFICATION AND GAS SUPPLY IN THE REPUBLIC OF BASHKORTOSTAN
The relevance of the study is that the gas industry plays an important role in the Russian economy, its development is a key factor in ensuring the energy and environmental security of the country, therefore ensuring gas supply and gasification of Russian consumers is becoming one of the main tasks of the development of the domestic gas market and requires closer attention of scientists researchers. The object of the study is the gas industry within the Russian national economy. The subject of the study is the environmental and economic balance in the process of gasification and gas supply in the Republic of Bashkortostan. The purpose of the study is to substantively consider the state and prospects for the development of gasification and gas supply in the Republic of Bashkortostan. It was revealed that over the past three years, almost 8.5 thousand certificates for gasification of houses were issued for a total amount of more than 650 million rubles; to date, more than 1.4 million houses and apartments in almost three thousand settlements have been gasified in Bashkortostan, the level of gasification of the Republic is 84.7 percent, while the average level in Russia is 71.4 percent.
Keywords: gasification, gas supply, gas supply systems, environmental safety, social efficiency.
Bibliographic list of articles
1. Tuzova E. V. Organizational foundations of gas supply and gasification in Russia // Interactive science. – 2023. – No. 5 (81). – P. 74-75. – DOI 10.21661/r-560078. – EDN OITHJF.
2. Fetisova A. A. Sustainable development of the gas industry under sanctions // Sustainable development (ESG): finance, economics, industry: Proceedings of the National Scientific and Practical Conference, St. Petersburg, October 21, 2022. – St. Petersburg: Center for Scientific and Production Technologies “Asterion”, 2022. – P. 248-251. – EDN VLVOAB.
3. Aksyutin O. E., Ishkov A. G., Romanov K. V. [et al.] Environmental efficiency of the production and use of natural gas based on the assessment of the full life cycle // Scientific and technical collection of Vesti gazovoy nauki. – 2017. – No. 5 (33). – P. 3-11. – EDN YWNWRA.
4. Khairullin V. A., Shakirova E. V. Social discount rate when developing investments in social projects of the fuel and energy complex of the Republic of Bashkortostan // Oil and Gas Business. – 2012. – T. 10. No. 3. – P. 193-199. – EDN UNNKUX.
ECONOMY. LAW. SOCIETY
GALIMULLINA Natalya Anatoljevna
Ph.D. in economical sciences, associate professor of Public Administration sub-faculty of the Ufa University of Science and Technology
MAKSIMOV Gleb Vadimovich
magister student of the Ufa University of Science and Technology
FAYZULLINA Adel Salavatovna
student of the Ufa University of Science and Technology
FORECASTING THE SOCIO-ECONOMIC DEVELOPMENT OF A MUNICIPALITY
Managing the development of a municipality requires solving socio-economic problems. This system boils down to the analysis and assessment of the current state of the territory for making management decisions, which allows you to form a reliable local budget. The defining direction in the development of the municipality is to improve the quality of life of the population. To do this, municipal government bodies need to create prerequisites for development, identify the most powerful sides for their further improvement, including on the basis of forecasting and planning their functioning [3, p. 69].
Keywords: municipal education, forecasting methods, socio-economic development of the municipality.
Bibliographic list of articles
1. Galimullina N. A., Gizatullina V. G. Economic and legal foundations of regional security // Eurasian Legal Journal. – 2016. – No. 3 (94). – pp. 336-338.
2. Pavlenkov I. M. Improving the management of a municipal entity based on the controlling methodology // Modern Economy Success. – 2020. – No. 1. – P. 164-169.
3. Yakunina M.V., Levkina V.N. Forecast of socio-economic development using the example of the Kaluga region // Bulletin of Kaluga University. – 2021. – No. 2 (51). – pp. 69-73.
ECONOMY. RIGHT. SOCIETY
GANIN Pyotr Viktorovich
postgraduate student of the SBI “Center for Advanced Economic Research of the Academy of Sciences of the Republic of Tatarstan”
MAIN PROBLEMS OF DEVELOPMENT OF THE ENERGY ECONOMY OF THE ECONOMIC SYSTEM OF THE RUSSIAN FEDERATION IN MODERN CONDITIONS
The financial and social efficiency of the functioning of the national economy of the Russian Federation directly depends on the specifics of managing the processes of development of the domestic energy sector. The energy sector in its most general form is a complex of fixed assets, technologies and organizational and managerial mechanisms aimed at ensuring the generation, transportation and sale of electric and thermal energy for the needs of legal entities and individuals. The article systematizes the main problems characteristic of the three main subsystems of the energy economy of the economy of modern Russia: generating fuel and energy capacities, the energy grid economy and the energy sales subsystem. It is shown that for a scientifically based solution to the problems systematized by the author, it is necessary to develop and approve a comprehensive program for reforming the domestic energy sector, focused primarily on ensuring the modernization of the fixed capital of enterprises in this industry.
Keywords: energy industry, energy sector, generating capacities, grid capacities, energy sales enterprises, fixed assets, depreciation, depreciation.
Bibliographic list of articles
1. Krivorotov V.V., Klyuev Yu.B., Kalina A.V. Economics of energy enterprises. – M.: Unity-Dana, 2022. – 448 p.
2. Polikarpova V. A. Finochenko V. A. Economics and organization of electric power production. – Krasnoyarsk: From the Siberian Federal University, 2019. – 188 p.
3. Russian economy: problems and prospects. – M.: From the Institute of Economic Policy, 2023. – 568 p.
4. Fioktistov K. S. Main problems of development of energy production in the Russian economy // Questions of economics and management. – 2023. – No. 4. – P. 151-155.
5. Crage A. B. The economy of energy production. – NY.: ABC-press, 2021. – 128 p.
6. World annual report. – Wash., 2023. – 788 p.
ECONOMY. RIGHT. SOCIETY
ZAYTSEV Dmitriy Alexeevich
postgraduate student of the N. A. Semashko National Research Institute of Public Health
RISKS FOR ECONOMIC AGENTS ASSOCIATED WITH PLATFORM EMPLOYMENT IN DEVELOPING COUNTRIES
The article discusses the main types of risks that exist today, associated with remote work and platform employment. Particular attention is paid to the risks of workers who do not receive the same rights as employees under an employment contract. The need to mitigate these risks both at the government level and atthe platform level is an important task for the growth and development of the digital economy. Approaches to minimizing risks and increasing worker protection are emerging, but many of them have not yet been covered by scientific research.
Keywords: platform employment, remote work, developing countries, digital labor economics.
Bibliographic list of articles
1. Emelyanova O. Ya., Samsonov V. S., Shershen I. V. Remote activity as an actual form of employment of workers in the global labor market // RSEU. – 2019. – No. 2 (45).
2. Parnyshkov G.K. Distance employment in Russia: advantages, disadvantages and development prospects // Business and Society. – 2023. – No. 2 (38).
3. Komarova I. P. Distance employment in the digital economy emerging in Russia: lessons from the pandemic // Russian Economic Journal. – 2020. – No. 4.
4. Tereshkova V. A. Distance employment: advantages and disadvantages for workers and employers // Lomonosov scientific readings for students, graduate students and young scientists. – 2023. – No. 1.
5. Glotova N. I., Gerauf Yu. V. Platform employment is the main trend in the development of the labor market in modern conditions // Economics Profession Business. – 2021. – No. 4.
6. Musaev B. A. The growth of remote employment as a new trend in the development of the Russian labor market // Social and labor studies. – 2019. – No. 35 (2). – pp. 40-50.
ECONOMY. RIGHT. SOCIETY
KUPRINA Irina Vladimirovna
Ph.D. in economical sciences, associate professor of Commodity science and customs affairs sub-faculty of the I. S. Turgenev Orel State University
NOVIKOVA Ekaterina Vitaljevna
Ph.D. in economical sciences, associate professor of Commodity science and customs affairs sub-faculty of the I. S. Turgenev Orel State University
MEASURES TO STIMULATE FOREIGN ECONOMIC ACTIVITY
This article discusses measures to stimulate Russia’s foreign economic activity in the context of the sanctions pressure of the collective Western countries on the international market. The main indicators of foreign economic activity are analyzed. Based on the analysis, the main measures to stimulate Russia’s foreign economic activity are proposed.
Keywords: foreign economic activity, incentive measures, statistics.
Bibliographic list of articles
1. Official website of the Federal Customs Service of Russia. [Electronic resource]. – Access mode: https://customs.gov.ru/ (date of access: 02.12.2023).
2. Plan of priority actions to ensure the development of the Russian economy in the conditions of external sanctions pressure. [Electronic resource]. – Access mode: https://www.alta.ru/external_news/88128/ (date of access: 03/05/2023).
3. Order of the Ministry of Industry and Trade of the Russian Federation dated April 19, 2022 No. 1532 “On approval of the list of goods (groups of goods) in respect of which the provisions of subclause 6 of Art. 1359 and Art. 1487 of the Civil Code of the Russian Federation, subject to the introduction of the specified goods (groups of goods) into circulation outside the territory of the Russian Federation by copyright holders (patent holders), as well as with their consent.” [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202205060001 (date of access: 03/05/2023).
4. Kovarda V.V., Timofeev G.P., Timofeeva O.G. Study of the main results of the functioning of the system of state regulation of foreign economic activity of Russia in the conditions of large-scale digitalization of economic processes // Bulletin of Eurasian Science. – 2021. – No. 1. [Electronic resource]. – Access mode: https://esj.today/PDF/ 41ECVN121.pdf.
5. Forecast of long-term socio-economic development of the Russian Federation for the period until 2030 (developed by the Ministry of Economic Development of Russia). [Electronic resource]. – Access mode: http://pravo.gov.ru.
6. Krasnykh S.S. Development of exports of Russian regions under sanctions restrictions // Bulletin of the University. – 2022. – No. 9. – P. 96-102.
7. Kokorev A. S. The influence of foreign economic sanctions of 2022 on the development of Russian regions // Culture and Security. – 2022. – No. 2. – P. 19-23.
8. Federal Law of December 8, 2003 No. 164-FZ “On the fundamentals of state regulation of foreign trade activities.” [Electronic resource]. – Access mode: www.pravo.gov.ru.
9. Gupanova Yu. E. Support for the development of sectors of the national economy through customs regulation measures // Bulletin of the Russian Customs Academy. – 2022. – No. 3. – P. 65-77.
10. Russia in numbers 2021. [Electronic resource]. – Access mode: https://rosstat.gov.ru/folder/210/document/12993 (date of access: 22.1.2021).
11. Treshchevsky Yu. I., Opoikova E. A. The influence of sanctions on the configuration of foreign economic activity of Russian regions // Region: systems, economics, management. – 2022. – No. 2 (57). – pp. 27-37.
12. Kantarovich A. A. Features of Russia’s foreign economic activity in the context of sanctions policy // Regional problems of economic transformation. – 2022. – No. 3 (137). – pp. 5-13.
ECONOMY. RIGHT. SOCIETY
MERGASOV Alexey Vladimirovich
postgraduate student of the Moscow International Academy
MODERNIZATION OF THE BANKING SYSTEM OF THE RUSSIAN FEDERATION IN THE CONTEXT OF EURASIAN ECONOMIC INTEGRATION
The article discusses the issues of integration of the banking system of the Russian Federation into the financial system of the Eurasian Economic Union. It was noted that the states of the Eurasian Economic Union are currently interested and show constant attention to the development and strengthening of the sphere of banking cooperation and interaction, expressing common framework intentions regarding consistency in such areas of banking activity as: banking legislation and regulation , monetary policy, directions of currency regulation.
Keywords: finance, banking system, integration, Eurasian Economic Union.
Bibliographic list of articles
1. Alieva I. A., Omurova S. K. Features of the functioning of the financial sector of the national economy in the conditions of economic integration // Bulletin of the KRSU. – 2019. – Volume 19. – No. 7. – P. 15-18.
2. Declaration offurther development of integration processes within the framework of the Eurasian Economic Union, adopted in December 2018 [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/evraziyskaya_economicheskaya_integraciya/1580534/
3. Ershov V.F. Russia and Kazakhstan: interbank interaction within the framework of the Eurasian Union // Proceedings of the Institute of Post-Soviet and Interregional Studies. – 2019. – No. 2. – P. 169-205.
4. Malikov K.K., Nurmakhmadov Z.M. Eurasian Economic Union: some results of activities // Economy of Tajikistan. – 2023. – No. 2. – P. 192-198.
5. Official website of the Eurasian Economic Union. [Electronic resource]. – Access mode: http://www.eaeunion.org/ (accessed November 2, 2023).
6. Official website of the Central Bank of the Russian Federation. [Electronic resource]. – Access mode: https://cbr.ru/today/ms/is/is1/ (date of access: 03.11.2023).
7. Skvortsov D. D. Eurasian economic integration: vectors of cooperation within the Union // Economics and business: theory and practice. – 2022. – No. 5-3 (87). – pp. 72-75.
ECONOMY. RIGHT. SOCIETY
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor associate professor of Digital economics and information technology sub-faculty of the Oryol State University
POLSHAKOVA Natalya Vuktorovna
Ph.D. in economical sciences, associate professor associate professor of Digital economics and information technology sub-faculty of the Oryol State University
GRISHINA Svetlana Yurjevna
Ph.D. in physical and mathematical sciences, associate professor associate professor of Digital economics and information technology sub-faculty of the Oryol State University
MONITORING OF THE RESOURCE POTENTIAL AND SUSTAINABILITY OF THE SUGAR BEET SUBCOMPLEX OF THE REGION
Ensuring the need for sugar produced from sugar beet is the dominant factor in the effective development of the sugar beet subcomplex; zonal distribution of crops around processing plants makes it possible to reduce labor costs and increase production efficiency. The authors analyzed the dynamics of the development of sugar beet production in the region and identified the main directions of effective development of the industry through the introduction of modern technologies, increasing the level of intensification of production, ensuring food security for a strategically important food product as sugar obtained from raw materials grown in the region.
Keywords: zonal distribution of crops, transport and logistics infrastructure, sustainable development of sugar beet complex, beet raw materials, resource potential.
Bibliographic list of articles
1. Bolshakova A. Yu. Economic efficiency of sugar beet production in the Russian Federation // Alley of Science. – 2020. – No. 2 (41). – pp. 236-237.
2. Bykovskaya N.V., Ivanova N.M., Sokovikov O.B. Economic efficiency of sugar beet production in Russia // Innovations and investments. – 2019. – No. 1. – P. 258-260.
3. Efremova E. N. Main problems and ways to increase the efficiency of sugar beet production in Russia // Forum. – 2016. – No. 1 (7). – pp. 122-124.
4. Savchik S. M. Sugar beets // Our agriculture. – 2020. – No. 3 (227). – pp. 56-61.
5. Khaustova G.I., Buleeva N.O. Sugar beet: state of production, statistical and economic analysis, reserves for increasing production efficiency // Political economic problems of development of modern systems. Collection of scientific articles of the 3rd International Scientific and Practical Conference / Ed. ed. E. B Falkovich, E. A. Mamistova. – M., 2018. – pp. 179-184.
6. Kalinicheva E. Yu., Uvarova M. N. Territorial organization and problems of development of beet sugar production in the Oryol region // Bulletin of the Kursk State Agricultural Academy. – 2018. – No. 9. – P. 250-256.
7. Kalinicheva E. Yu., Uvarova M. N., Polshakova N. V., Aleksandrova E. V., Zhilina L. N. Sustainable development of beet sugar production in the context of an innovative approach // Bulletin of Agrarian Science. – 2022. – No. 2 (95). – pp. 134-145.
8. Kireeva A. R., Turysbekova R. K., Konysbaeva G. B., Toleganov A. D. Correlation in the production and processing of sugar beets as a factor in increasing the economic efficiency of agricultural production // APK; economics and Management. – 2021. – No. 8. – P. 90-95.
9. Uvarov D.V. Systematization of criteria, indicators and factors of efficiency in the development of the sugar industry // News of the South-Western State University. – 2014. – No. 6 (57). – pp. 134-139.
10. Uvarov D.V., Uvarova M.N. Optimization of raw materials supply for sugar factories // Sugar beet. – 2012. – No. 9. – P. 45-48.
11. Oryol region. 2010, 2015, 2019 – 2021: stat. collection/Territorial body of the Federal State Statistics Service for the Oryol region. – Orel, 2022. – 257 p.
ECONOMY. RIGHT. SOCIETY
KHALIKOVA Elvira Anvarovna
Ph.D. in economic sciences of the Ufa State Petroleum Technological University
FRYAZINOV Nikolay Yurjevich
magister student of the Ufa State Petroleum Technological University
MULTI-CRITERIA ANALYSIS OF THE SELECTION OF SUPPLIERS FOR THE PURCHASE OF TECHNOLOGICAL EQUIPMENT USING DIGITAL SOLUTIONS
The article presents a methodology for multi-criteria selection of technological equipment using data analysis and machine learning methods. The main sources of data on suppliers of technological equipment are excluded, an analysis of a sample of methods for storing information is carried out, and options for using machine learning methods and data analysis when working with information on suppliers of technological equipment are proposed.
Keywords: technological equipment, supplier selection, data analysis, machine learning, supplier selection criteria, digital solutions.
Bibliographic list of articles
1. Zhuk M. M. Relational databases, SQL language // StudNet. – 2022. – No. 6. – P. 5190-5196.
2. Myasnikova N. A., Kurin N. D. Design of object-oriented databases // Object systems. – 2014. – No. 2. – P. 76-80.
3. GOST R 58920-2021 Technological engineering and design. Technical and technological audits. Main provisions and indicators: national. standard. Russian Federation: introduction date 2022-01-01. – M.: Standartinform, 2022.
4. Mustafa Servet Kıran, Engin Eşme, Belkız Torğul, Turan Paksoy. Supplier Selection with Machine Learning Algorithms / Mustafa Servet Kıran, Engin Eşme, Belkız Torğul, Turan Paksoy // Logistics 4.0: Digital Transformation of Supply Chain Management. – 2020. – pp. 103-125.
5. 47. Li Zhao, Wenjing Qi, Meihong Zhu. A Study of Supplier Selection Method Based on SVM for Weighting Expert Evaluation / Li Zhao, Wenjing Qi, Meihong Zhu // Hindawi. Discrete Dynamics in Nature and Society. – 2021. – pp. 2-11.
ECONOMY. RIGHT. SOCIETY
CHEREMISINA Tatyana Nikolaevna
Ph.D. in economical sciences, associate professor, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
KOMAROV Kirill Sergeevich
student of the 3rd course, direction Economics, profile “Finance and Credit” of the G. R. Derzhavin Tambov State University
DROZHZHIN Nikolay Alexandrovich
student of the 3rd course, direction Economics, profile “Finance and Credit” of the G. R. Derzhavin Tambov State University
DEMOGRAPHIC SITUATION OF THE TAMBOV REGION: OVERCOMING THE CRISIS
In this study, based on the official data of the Rosstat website, statistical collections, ratings of Russian regions, the characteristics of the natural and mechanical movement of the population are given, the causes of low fertility are considered. It has been established that in the Tambov region over the past decade there has been an unfavorable situation associated with high mortality and low number of newborns, with migration processes to other regions.
Keywords: the population size, natural reproduction of the population, birth rate, mortality, migration, natural population movement.
Bibliographic list of articles
1. Demographic yearbook of the Tambov region for 2022. Report. Official statistics // Tambovstat. – 2023. – 43 pp.
2. Demographic situation in the Tambov region for 2022. Statistical collection. // Tambovstat. – 2023. – 122 pp.
3. Official website of the territorial body of the Federal State Statistics Service for the Tambov region. [Electronic resource]. – Access mode: https://tmb.gks.ru/
4. Official website of the Federal State Statistics Service (Rosstat). [Electronic resource]. – Access mode: https://rosstat.gov.ru/
5. Economic downturns, upswings and their impact on the quality of life of the population of the Tambov region. Statistical collection. // Official publication. Tambovstat. – 2021. – 141 p.
ECONOMY. RIGHT. SOCIETY
KHRUSLOVSKIY Vadim Alexandrovich
senior lecturer of Sociology and advertising communications sub-faculty of the A. N. Kosygin Russian State University
THE TRANSFORMATION OF EDUCATION UNDER THE INFLUENCE OF THE DEVELOPMENT OF IT TECHNOLOGIES: A BRIEF REVIEW OF FOREIGN LITERATURE
Digital technologies have stimulated rapid changes and serious challenges throughout the modern world. The pandemic of the new coronavirus (COVID-19) in 2019 caused a rapid growth of remote work and distance learning, thus stimulating the processes of digital transformation of educational systems. The article provides a brief overview of foreign literature reflecting the problems and prospects of introducing digital technologies into school and vocational education systems.
Keywords: education, digitalization, transformation, distance learning, development.
Bibliographic list of articles
1. European Commission Digital education action plan. 2018. [Electronic resource]. – Access mode: https://ec.europa.eu/education/education-in-the-eu/digital-education-action-plan_en (access date: 08/2/2023).
2. Giannini S. School, health and nutrition: Why covid-19 demands a rethink of education to address gender inequalities. US Fed News Service, Including US State News. – 2020.
3. Global Education Monitoring Report. Re-Building resilient education systems: Three lessons on the privatization of education and one solution emerging from the COVID-19 pandemic. – 2020.
4. Habibi F., Zabardast M.A. Digitalization, education and economic growth: A comparative analysis of Middle East and OECD countries. Technology in Society, 63 (2020), Article 101370.
5. Krueger K. R. Driving K-12 innovation: Hurdles 2019. Consortium for School Networking. – 2019.
6. Negreiro M., Madiega T. European parliamentary research service. EU policies – delivering for citizens Digital transformation, European Parliament. – 2019.
7. Newman D. Top 10 digital transformation trends for 2020. Forbes. – 2019.
8. OECD. Future of education and skills 2030. 2019. [Electronic resource]. – Access mode: http://www.oecd.org/education/2030-project/ (access date: 08/2/2023).
9. OECD. Measuring the digital transformation: A roadmap for the future OECD Publishing, Paris. 2019.
10. One year into COVID-19 education disruption: Where do we stand? [Electronic resource]. – Access mode: https://en.unesco.org/news/one-year-covid-19-education-disruption-where-do-we-stand (access date: 08/2/2023).
11. Schleicher A. PISA 2018: Insights and interpretations OECD Publishing, Paris. – 2019.
12. Schleicher A. World class: How to Build a 21st-century school system, strong performers and successful reformers in education. OECD Publishing, Paris. – 2018.
13. Trends shaping education 2019. OECD Publishing, Paris. – 2019.
14. Vincent-Lancrin S., Urgel J., Soumyajit Kar K., Jacotin G. Measuring Innovation in education 2019: What has changed in the classroom? Educational research and innovation. OECD Publishing, Paris. – 2019.
ECONOMY. RIGHT. SOCIETY
TIAN Shuqi
postgraduate student of the Faculty of Public Administration Regional and Sectoral Economics of the M. V. Lomonosov Moscow State University
RUSSIAN-CHINESE ECONOMIC AND SCIENTIFIC-TECHNICAL COOPERATION: FORMATION AND DEVELOPMENT
This article represents a retrospective analysis of Russian-Chinese relations in the field of economy and science and technology. The article examines the stages of economic and scientific-technical cooperation between the two countries, based on the legal framework and taking into account the general situation in the trade and economic development of the two countries. In the process of analysis, it touches upon the problems of China’s economic growth peculiarities, the reasons for Russia’s economic lagging behind, as well as foreign policy and domestic factors affecting the rise of the Russian economy, which has affected the transformation of Russian-Chinese relations in the field of economic strategic partnership. The article also considers the peculiarities of scientific and technical cooperation between China and Russia and identifies the directions in this area. The study contributes to a better understanding of the mutual relations between China and Russia at the current stage of development of the strategic partnership.
Keywords: strategic partnership, economic cooperation, scientific and technical cooperation, China, Russia.
Bibliographic list of articles
1. Karlusov V. V., Yarkov D. A. Russian-Chinese Economic Relations: Trends, Imbalances and Problems of Development (Retrospective Analysis) // International Journal of Civil Engineering and Technology. – 2019. – Vol. 10. – No. 2. – Rr. 1769-1776.
2. Lubina M. Russia and China. A political marriage of convenience – stable and successful. – GmbH: Verlag Barbara Budrich, 2017. – 325 p.
3. Paramonov V., Strokov A. Russian-Chinese Relations: Past, Present & Future. – GB: Defense Academy of the United Kingdom, 2006. – 15 p.
4. Russia-China Dialogue: The 2021 Model: Report No. 70/2021. – M: NPMP RIAC, 2021. – 100 p.
ECONOMY. RIGHT. SOCIETY
FAN Wei
postgraduate student of the Higher School of Industrial Policy and entrepreneurship of the Patrice Lumumba Peoples’ Friendship University of Russia
THE GROWING ROLE OF ‘GREEN’ FINANCE IN PROMOTING RENEWABLE ENERGY DEVELOPMENT IN CHINA
The relevance of the study lies in the fact that in recent years environmental finance has become the most important item on the state agenda of the economy for the preservation of environmental well-being and biodiversity, as environmental problems in the global context have attracted significant public attention. The object of the study is the environmental space within the global concept of sustainable development. The subject of the study is environmental finance as the most effective tool and method of implementation of green and circular economy programs. The purpose of the study is to consider the content and significance of environmental finance within the framework of promoting the development and use of renewable energy sources on the axiomatic bases of scientific cognition. The research results showed that there is a relationship between environmental financing, renewable energy and sustainable development in China. The influence and direction of these factors change over time and have different characteristics. In this study, renewable energy sources are categorized into hydro, wind, geothermal and solar energy and the impact of these sources on sustainable development is diverse and depends on the relevant economic developments in the life of the state.
Keywords: green economy, circular economy, green bonds, green finance, sustainable development.
List of literature
1. Chen J. et al. The dynamic impact of green finance and renewable energy sources on sustainable development in China // Frontiers of Environmental Science. – 2023. – Vol. 10. – R. 1097181.
2. Pogudaeva M. Yu., Gladilina I. P., Sergeeva S. A. Model of green public procurement in Russia // Discussion. – 2023. – No. 2 (117). – P. 76-84. – DOI 10.46320/2077-7639-2023-2-117-76-84. – EDN BRYPPT.
3. Ushakova N. V., Guliyev I. A., Damirchiev E. I. Prospects for sustainable development in the policy of international institutions of globalization // Discussion. – 2023. – No. 3 (118). – P. 82-96. – DOI 10.46320/2077-7639-2023-3-118-82-96. – E.D. AIYMFV.
4. Nedopil S., Song Z. The state and trends of green finance in China for 2022-23 – 2023.
ECONOMY. RIGHT. SOCIETY
ZHOU Minghao
master of the Faculty of Public Administration of the M. V. Lomonosov Moscow State University
HUMAN RESOURCE MANAGEMENT STRATEGY AS THE MAIN TOOL WITHIN THE HUMAN RESOURCE MANAGEMENT APPROACH
The strategy of personnel management is an important tool that determines the efficiency of the organization of the labor process, workspace and the use of labor resources. The relevance of the study is that the improvement and optimization of personnel management strategies is an important task of scientific management in modern economic conditions. The object of the study is personnel as labor resources of a business entity. Subject of the study – management strategies as a function of human resources management. The purpose of the study is to reveal the content, goals and stages of personnel management strategy as an instrument of human resource management. The methodology of the study involves the use of theoretical and heuristic methods of cognition of the surrounding reality. Results of the research: 1. The main directions of strategic personnel management are disclosed; 2. The factors shaping the effectiveness of personnel management strategy are disclosed; 3. The main strategies of personnel management in modern conditions are highlighted.
Keywords: labor resources, personnel potential, human resources, labor, personnel, target indicators.
Article bibliographiclist
1. Ivanova N. A. Strategic directions for the development of personnel management // Academic journalism. – 2022. – No. 11-2. – P. 66-71. – EDN NAZUNK.
2. Starovoytov V. G., Isaenko A. N., Bikmetova Z. M. Motive, incentive and motivation in the modern system of economic relations // Discussion. – 2023. – No. 3 (118). – pp. 20-28. – DOI 10.46320/2077-7639-2023-3-118-20-28. – EDN FFUDNT.
3. Lymareva O. A., Lapshina A. S. Modern approaches to strategic personnel management at an enterprise // Economics and business: theory and practice. – 2023. – No. 8 (102). – pp. 111-114. – DOI 10.24412/2411-0450-2023-8-111-114. – EDN YQOTUM.
ECONOMY. RIGHT. SOCIETY
MUKHAMETSHIN Ildar Ramilevich
student of the Ufa State Petroleum Technical University
GAREEVA Zemfira Anisovna
Ph.D. in economical sciences, associate professor of the Ufa Higher School of Economics and Management of the State Petroleum Technical University
CURRENT FEATURES OF PRICING IN THE OIL MARKET
The article examines the main aspects of pricing in the oil market, analyzes the factors influencing prices, and also examines possible trends and challenges that companies are currently facing. The influence of geopolitical factors on the oil market in the post-pandemic period is considered.
Keywords: oil, pricing, production, regulation, geopolitics.
Bibliographic list of articles
1. Potanin S. What determines the price of Oil – 11 factors, What affects the oil price // Francber: [website]. [Electronic resource]. – Access mode: https://francber.com/chto-vliyaet-na-neft.html (access date: 11/01/2023).
2. Valova Yu. I. Factors influencing the formation of prices for “black gold” // Innovative economics and modern management. – 2021. – No. 4 (35). – P. 9-12. – EDN AORRCP.
3. Lavrukhin M. Terrorism in the energy industry / Lavrukhin M. // Social and business scientific journal “Energy Policy”: [site]. [Electronic resource]. – Access mode: https://energypolicy.ru/terrorizm-v-energeticheskoj-promyshlennosti/neft/2023/14/23/ (access date: 11/04/2023).
4. Gladilin A.V., Gromov E.I., Gerasimov A.N. et al. Improving the economic mechanism of agricultural production. – Stavropol: AGRUS, 2010. – 440 p.
5. Akhlatyan Z. S. The influence of OPEC countries on the global oil market in modern conditions. — Text: immediate // Young scientist. – 2017. – No. 7 (141). – pp. 210-216. [Electronic resource]. – Access mode: https://moluch.ru/archive/141/39717/ (date of access: 04.11.2023).
6. [Electronic resource]. – Access mode: https://ru.tradingview.com/chart/?symbol=TVC %3AUKOIL.
7. Gubina M. A., Konovalov N. P. Methods of extraction of heavy oils and natural bitumens // Bulletin of the Irkutsk State Technical University. – 2012. – No. 6 (65). – pp. 105-109. – EDN OZGQGR.
8. Musina D. R., Solovyova I. A. State regulation of pricing of petroleum products in the Russian Federation // Eurasian Legal Journal. – 2015. – No. 8 (87). – pp. 304-306.
PHILOSOPHY. RIGHT. SOCIETY
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
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
PHILOSOPHICAL ANALYSIS OF THE INFLUENCE OF CULTURAL DIFFERENCES IN THE PROFESSIONAL ACTIVITY OF A HIGHER SCHOOL TEACHER
Abstract: Cultural differences have an impact on all spheres of social activity. Culture and pedagogy are interrelated and mutually influencing phenomena that emerged from philosophy, with successful interaction forming a morally rich and socially significant personality with a certain set of qualities subjective, aimed, among other things, at communication interaction with representatives of other cultures. A higher school teacher, having a certain worldview on the cultural picture of the world, instilling the principle of tolerance in students and using it himself, contributes to the creation of conditions for a successful intercultural dialogue, and also, expanding his horizons, helps the individual in accepting certain values into his cultural enrichment, forming a separate subjective culture of the individual.
Keywords: cultural differences, pedagogical activity, intercultural communication, political culture.
Bibliographic list of articles
1. Aleshchenko S.V. Formation of philosophical and pedagogical culture of teachers in modern conditions // Bulletin of the TSPU. 2007. No. 11. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-filosofskoy-i-pedagogicheskoy-kultury-uchitelya-v-sovremennyh-usloviyah (date of access: 11/30/2023).
2. Budnik E. B. Social and pedagogical activity of a teacher as an object of philosophical analysis // Domestic and foreign pedagogy. 2013. No. 6 (15). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-pedagogicheskaya-deyatelnost-uchitelya-kak-obekt-filosofskogo-analiza (date of access: 11/13/2023).
3. Tyurenkova L. M. Diversity of cultures and unity of approaches to their consideration // Scientific notes (AGAKI). 2021. No. 3 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mnogoobrazie-kultur-i-edinstvo-podhodov-k-ih-rassmotreniyu (date of access: 11/27/2023).
4. Khodyreva E. A. Multiculturalism as a pedagogical principle // Bulletin of VyatGU. 2007. No. 16. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/polikulturnost-kak-pedagogicheskiy-printsip (access date: 12/01/2023).
5. Khukhlaev O. E., Tkachenko N. V. Attitude of Russian teachers to cultural diversity in difficult pedagogical situations: experience of qualitative analysis // Izv. Sarat. University of Nov. ser. Ser. Acmeology of education. Developmental psychology. 2021. No. 1 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otnoshenie-rossiyskih-uchiteley-k-kulturnomu-raznoobraziyu-v-trudnyh-pedagogicheskih-situatsiyah-opyt-kachestvennogo-analiza (date of access: 11/30/2023).
PHILOSOPHY. RIGHT. SOCIETY
RABADANOVA Alina Arsenovna
student of the Dagestan State Medical University, Makhachkala
GASANDIBIROVA Madina Aliaskhabovna
student of the Dagestan State Medical University, Makhachkala
MAGOMEDOVA Fatima Yakubovna
student of the Dagestan State Medical University, Makhachkala
DIBRAEV Afsaladdin Dibirakhmedovich
Ph.D. in philosophical Sciences, associate professor of the Dagestan State Medical University, Makhachkala
ETHICAL AND LEGAL ANALYSIS OF ARTIFICIAL TERMINATION OF PREGNANCY
This article presents an ethical and legal analysis of artificial termination of pregnancy. This aspect of the issue of artificial termination of pregnancy has been a hot topic for debate since its inception. The debatability of the problem is due to various ethical, bioethical, philosophical, medical, social, religious and legal aspects. At what stage is an embryo considered a living person? What position does modern medicine take on this issue? What attitude do today’s youth have to abortion? Using various sources on this topic, as well as the results of a study in the form of a social survey, we will look at the problem of induced abortion from an ethical and legal point of view. The relevance of the research topic is obvious, since abortions today are quite common and their number is only growing, while its main reasons are most often premarital relations and incompetence in the use of contraception. Another prerequisite is the legalization of abortion, which also leads to an increase in their number. Purpose of the study: to highlight the main problems of artificial termination of pregnancy, to identify the attitude of young people towards artificial termination of pregnancy, to determine the level of awareness of young people about artificial termination of pregnancy. Research methods: survey, statistics, analysis, conclusions.
Keywords: ethics, abortion, morality, artificial termination of pregnancy, religious, legal and philosophical aspects, embryo status.
Bibliographic list of articles
1. Kiselev V. A. Textbook “Bioethics: situational tasks, test questions, normative documents.” Second edition revised and expanded. – Ekaterinburg, 2016.
2. Docheva M.V., Ermolaeva A.I. Educational and methodological recommendations, part 2. Basic moral norms and principles of biomedical ethics. – Penza, 2008.
PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. in pedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan
GAISINA Guzel Insharovna
Ph.D. in pedagogical sciences, professor, professor of Pedagogy and psychology sub-faculty of the M. Akmulla Bashkir State Pedagogical University
VAKNIN Elena Evgenjevna,
Ph.D. in psychological sciences, professor of the A. I. Herzen Russian State Pedagogical University
THE CULTURAL APPROACH AS A METHODOLOGICAL BASIS FOR POST-NON-CLASSICAL EDUCATION
The article presents the essential characteristics of the cultural approach. The authors prove that the cultural approach acts as a methodological basis for post-non-classical education, determine the sequence of stages of cognition of objects using the cultural approach. In the context of the study, the most important function of modern education is described – the cultural creation function, which consists in the preservation, further development and enrichment of culture by means of education. The interrelation of education and culture in the process of implementing the human-forming function of post-non-classical education is shown.
Keywords: socio-cultural situation, post-non-classical education, culture, cultural approach, cultural analysis, cultural creation function, personal approach, activity approach, axiological approach.
Bibliographic list of articles
1. Alieva N.Z. Post-non-classical natural science education: problems of formation. – Mines: YURGUES, 2008. – 197 p.
2. Bibler V. S. From scientific teaching to the logic of culture. Two philosophical introductions to the twenty-first century. – M., 1991. – 413 p.
3. Bondarevskaya T. N. Pedagogy: personality in humanistic theories and education systems: Textbook. Manual / S. V. Kulnevich. – Rostov-n/D: creative center “Teacher”, 1999. – 560 p.
4. Gaisina G.I. Education as a sociocultural phenomenon. – Moscow-Ufa: MPGU, BSPU, 2000. – 148 p.
5. Gaisina G.I. Culturological approach to pedagogical research. – Ufa: Vagant, 2007. – 304 p.
6. Kagan M. S. Philosophical theory of value. – St. Petersburg: TK Petropolis LLP, 1997. – 205 p.
7. Ogurtsov A.P., Platonov V.V. Images of education. XX century – St. Petersburg: RKhGI, 2004. – 520 p.
PHILOSOPHY. RIGHT. SOCIETY
TIMOSHCHUK Elena Andreevna
Ph.D. in philosophical sciences, associate professor of Social and humanitarian sciences sub-faculty of the Vladimir Branch of the Russian Academy of National Economic and Public Administration under the President of the Russian Federation
TIMOSHCHUK Igor Alexeevich
student of the A. G. and N. G. Stoletovs Vladimir State University
FABULIZING POSITIVISM OR THE FICTIONAL DRAGON OF ANTHROPOLOGICAL VULNERABILITY
Technocratic anthropology believes that scientific and technological progress can radically change people’s abilities/incentives in such a way that it will lead to solutions to the eternal problems of human vulnerability. This article presents Oxford professor Nick Bostrom’s problematization of human vulnerability. The anthropologist proposes to expand the possibilities for the transformation of homo sapiens and create strong mechanisms to solve the problem of human mortality: exchange of information in real time, synthetic biology, biohacking, creation of hybrid DNA. Bostrom constructs an invulnerable world of hominids, turning to the artistic metaphors of “the saga of the dragon,” “the black ball of the human population,” “philosopher of a Doomsday” and “kids playing with warheads.” Some of Bostrom’s smartest arguments are like Swiss Army knives: they are simple, toy-like, pleasant to look at, mechanically demonstrative. How effective is such engineering-artistic argumentation?
Keywords: biohacking, synthetic biology, technological progress, transhumanism, techno-optimism, philosophical anthropology, immortalology, mortido.
Bibliographic list of articles
1. Timoshchuk E. A. Ontopoiesis of life: A.-T. Timinecki pech // Polygnosis. – 2015. – No. 1 (48). –133 s.
2. Timoshchuk E. A. Rumors about the objectivity of science: in memory of Peter Berger // News of Irkutsk State University. Series Political Science. Religious Studies. – 2019. – T. 28. –P. 100-107.
3. Timoshchuk E. A. Structures of discursivity: genesis, functions, methodology of knowledge // Social ontology in the structures of theoretical knowledge. – Izhevsk: UdGU, 2014. – P. 83-95.
4. Timoshchuk E. A. Fabulization as a phenomenological order of the functioning of social memory and education // Bulletin of the Dagestan State University. Series 2: Social Sciences. – 2016. – No. 1. – P. 96-101.
5. Timoshchuk E. A. Phenomenological understanding of philosophical lyrics // Bulletin of the Buryat State University. – 2021. – No. 1. – P. 64-70.
6. Erdeneev E. T. Nick Bostrom’s concept of transhumanism // Humanitarian Agetorus – 2018. – No. 3. – P. 90-93.
7. Bostrom N. The Fable of the Dragon-Tyrant. // Journal of Medical Ethics. – 2005. – Vol. 31. – No. 5. – P. 273-277.
8. Bostrom N. A History of Transhumanist Thought. [Electronic resource]. – Access mode: https://nickbostrom.com/papers/history.pdf.
9. Bostrom N. Transhumanist Values. [Electronic resource]. – Access mode: https://nickbostrom.com/ethics/values.
PHILOSOPHY. RIGHT. SOCIETY
TUCHVATULLIN Rustem Rasfarovich
Ph.D. in historical sciences, Head of Foreign history sub-faculty of the Institute of History and Public Administration of the Ufa University of Science and Technology
SHAYAKHMENOV Fidail Fanilevich
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
CONTEMPORARY GEOPOLITICAL CRISIS AND THE FORMATION OF A NEW WORLD ORDER
The article examines the problems of world development in the context of the current geopolitical crisis. It is discussed that the modern geopolitical crisis was generated by the policy of Western countries to impose on the rest of the world the international world order they are designed, based on “rules”. In the context of the crisis, the process of forming a new multi-pole world order based on polycentrism, inclusivity and multilateralism accelerated.
Keywords: liberal globalization, crisis, collective West, non-Western world, “global South”, polycentrism, new world order.
Bibliographic list of articles
1. Demchenko A. The right is taking over Europe. What is the threat? // INOSMI.RU. – July 10, 2023 – [Electronic resource]. – Access mode: https://inosmi.ru/20230710/pravye-264223571.html (access date: 10/27/2023).
2. Kulagin V. The Russia-Africa summit highlighted Moscow’s new guidelines in foreign policy // Vedomosti. – July 31, 2023 – [Electronic resource]. – Access mode: https://www.vedomosti.ru/politics/articles/2023/07/31/987646-summit-rossiya-afrika-podsvetil-uroven-vliyaniya-rossii (date of access: 09/27/2023).
3. Lavrov: the West does not have a significant number of allies in its desire to impose its will // TASS. – February 8, 2023 – [Electronic resource]. – Access mode: https://tass.ru/politika/16997085 (date of access: 10/27/2023).
4. Chris Giles. Deglobalisation: will backlash against Russia lead to downturn in open trade? // Financial Times. – April 4, 2022. – [Electronic resource]. – Access mode: https://www.ft.com/content/279d0bf0-a58f-40c5-951f-84ecd54fe3f0 (access date: 10/30/2023).
5. Francis Fukuyama. The end of history and the last man. – New York: Free Press, 1992. – 418 p.
6. Remarks at a UN General Assembly Emergency Special Session Before the Vote on a Resolution on Achieving Peace in Ukraine // United States Mission to the United Nations. – 02.22.2023. – [Electronic resource]. – Access mode: https://usun.usmission.gov/remarks-at-a-un-general-assembly-emergency-special-session-before-the-vote-on-a-resolution-on-achieving-peace- in-ukraine/ (date of access: 10/30/2023).
7. Samuel P. Huntington. The Clash of Civilizations and the Remaking of World Order. – New York: Simon & Schuster, 1996. – 367 p.
8. Secretary Antony J. Blinken on Russia’s Threat to Peace and Security at the UN Security Council // U.S. Department of State. – 02/17/2022. – [Electronic resource]. – Access mode: https://www.state.gov/secretary-antony-j-blinken-on-russias-threat-topeace-and-security-at-the-un-security-council/ (date of access: 30.10. 2023).
PHILOSOPHY. RIGHT. SOCIETY
KHOMICH Natalia Viktorovna
A. A. Yezhevsky Irkutsk State Agrarian University
BODYAK Marina Germanovna
A. A. Yezhevsky Irkutsk State Agrarian University
THE CONDITIONAL WORLD AND ITS ROLE IN THE CREATION OF SOCIAL MYTHS
The article substantiates the concept of the conditional world and its role in the formation of social myths. The key theoretical concept of the study defines the conditional world as a system of ideas, beliefs and values that is formed in society and affects the perception and understanding of reality. It is considered how the conditional world can become a source of creating social myths. Social myths mean false or distorted ideas about reality that are widespread in society and affect the behavior and worldview of its members. The conventional world plays an important role in the creation of social myths as it determines the norms and values that are formed in society. The article proves that myths can be used to manipulate public opinion and control people. The article also exploresvarious ways of creating social myths in the conventional world, including the use of symbols, rituals, detailing, forms of virtual reality, patterns of thinking and behavior, historical narratives. The role of symbols and rituals is particularly emphasized. Symbols are expressed by metaphors and associations, through which people convey ideas, values and meanings. Rituals in social mythology act as formal and established patterns of behavior that are performed in a certain sequence and have symbolic meaning.
Keywords: social myths, conditional world, symbol, ritual, illusion.
Bibliographic list of articles
1. Baudrillard J. Transparency of evil. – M.: Dobrosvet, 2000. – 258 p. − P. 135.
2. Erokhina L. A. The problem of interpretation and the category of the author in the aesthetics of Umberto Eco // Knowledge. Understanding. Skill. − 2012. − No. 1. − P 274-277.
3. Kanysheva O. A. Rene Descartes’ teaching about the soul and consciousness // Bulletin of Voronezh State University. Series: Philosophy. – 2021. – No. 3. – P. 99-107.
4. Klopyzhnikova A. A., Romakh O. V. Ritual as a codification of ritual // Analytics of cultural studies. – 2008. – No. 11. – P. 105-110.
5. Koval O. A. The power continuum of being in Aristotle’s ontology // Bulletin of St. Petersburg University. Political science. International relationships. – 2009. – No. 2. – P. 109-119.
6. Lebedev D. In Ritual and innovation in the process of social reproduction: abstract of thesis. … Candidate of Philosophical Sciences: 09.00.11; [Protection location: Lv. state University named after A.M. Gorky]. – Ekaterinburg, 2007. – 25 p. – P. 12.
7. Plato. State // Plato. Collected works. In 4 volumes – M.: Mysl, 1994. – T. 3. – P. 79-420.
8. Prozersky V.V. The system of classification of arts in the aesthetics of Nelson Goodman and the problem of the unity of the artistic world // Interactive Science. – 2017. – No. 13. – P. 145-148.
9. Sokolova L. Yu. J.-P. Sartre and G. Bachelard: two phenomenological concepts of imagination // Reflections on philosophy at the crossroads of the second and third millennia. – St. Petersburg: St. Petersburg Philosophical Society, 2002. – P. 141-150.
PHILOSOPHY. RIGHT. SOCIETY
KHAZIEVA Rushana Raufovna
Ph.D. in philological sciences, associate professor of International law and international relations sub-faculty of the Institute of Law of the Ufa State University of Science and Technology
SATTAROVA Raksana Vinerovna
Ph.D. in philological sciences, associate professor Germanic languages sub-faculty of the Sterlitamak branch of the Ufa State University of Science and Technology
PROBLEM OF JUSTICE AND LAW MERGING IN SOCIAL-LEGAL VIEWS OF B. N. CARDOZO
The positions of B. N. Cardozo expressed both in his works and in the essays of his followers are analyzed. Cardozo’s justification for the legality of judicial decisions based on correlation of concepts of justice and law is noted. Four main principles have been identified that, in the scientist’s opinion, ensure a fair judicial decision: philosophy (analogy), history (evolution), community customs (traditions), and morality and public welfare (sociology).
Keywords: justice, law, legal regulation, judicial decision-making, precedent.
Bibliographic list of articles
1. Akchurin T. F. The influence of the legal community on the formation of the US legal system // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 6 (67). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-yuridicheskogo-soobschestva-na-formirovanie-pravovoy-sistemy-ssha (date of access: 10/07/2023).
2. Burnam W. Legal system of the United States of America. – M., 2006. – pp. 35-40.
3. Karapetov A. G., Tai Yu. V. Instead of unanimity of judges, we need uniformity of practice // Law. – 2020. – No. 1. – P. 9-21.
4. Andrew S. Gold & Henry E. Smith, Restatements and the Common Law, in The American Law Institute: A Centennial History (Andrew S. Gold & Robert W. Gordon eds, forthcoming). [Electronic resource]. – Access mode: https://ssrn.com/abstract=4262424.
5. Calabresi G. A. A Common Law for the Age of Statutes. Cambridge, 1982. P. 1; Hurst J. Dealing with Statutes. – Washington, 1982.
6. Maitland F. W. Equity: A Course of Lectures. (A. H. Chaytor & W. J. Whittaker eds., 1936).
7. Milsom S. F. C. Maitland // The Cambridge Law Journal. 2001. Vol. 60. No.2; Wormald P. Frederic William Maitland and the Earliest English Law. [Electronic resource]. – Access mode: https://Law and History Review. – 1998. – Vol. 16. – No. 1.
PHILOSOPHY. RIGHT. SOCIETY
EGOROVA Olga Igorevna
magister student of the direction “Pedagogical education in the field ofsocial 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 LEGAL MEANING OF HUMAN RIGHTS THROUGH THE PRISM OF MORAL PHILOSOPHY (USING THE EXAMPLE OF THE CATEGORICAL IMPERATIVE OF I. KANT)
Human rights are annually acquiring an increasingly key role at the internal state, international, intrapersonal and interpersonal levels in the processes of life of the population and management of society. This is due to the deconstruction of human rights values. The modern interpretation of the term law and its essential understanding is quite multifaceted, due to the epochal multidimensionality of the development of the democratic political regime of statehood. This article examines the problem of the essential approach and the relationship between the modern legal understanding of human rights and philosophical reflections on the categorical imperative of I. Kant, their comparison.
Keywords: legal rights, moral rights, morality, categorical imperative, equality.
Bibliographic list of articles
1. Syrykh V. M. Social accessibility and legal guarantee of fundamental human rights and freedoms – The highest goal and meaning of the modern “strong state” // Law: history and modernity. – 2018. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialnaya-dostupnost-i-yuridicheskaya-garantirovannost-osnovnyh-prav-i-svobod-cheloveka-vysshaya-tsel-i-smysl-sovremennogo-silnogo (date of access : 05.11.2023).
2. Lezina E. P., Zhivaeva A. Yu. Contribution of I. Kant to the development of modern legal thought // Contentus. – 2021. – No. 12 (113). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vklad-i-kanta-v-razvitie-sovremennoy-yuridicheskoy-mysli (access date: 11/05/2023).
3. Komkova E. Categorical imperative // Business magazine. – 2011. – No. 2 (179). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kategoricheskiy-imperativ (date of access: 07.11.2023).
4. Gorbunova O. A. Law and morality // Bulletin of the Magistracy. – 2018. – No. 5-2 (80). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-i-moral (date of access: 07.11.2023).
5. Zhalinsky A.E. Introduction to the specialty “Jurisprudence”. Professional activity of a lawyer: textbook. – Ed. 2nd. – M., 2007.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
5,303 ВСЕГО, 3 СЕГОДНЯ