CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №1(188)2024
PERSONA GRATA
Z. S. Bayniyazova:
The problem of consolidating the legal status of an individual in the Russian legal system in the digital age
Interview with Bayniyazova Zulfiya Suleymanovna, Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Faculty of Law of the N. G. Chernyshevsky Saratov National Research State University.
EURASIAN INTEGRATION
Vechernin D. S.
The legal basis for ensuring collective food security in the Eurasian Economic Union: current state and development prospects
Khalipov S. V.
Legal fundamentals of Russia’s non-tariff regulation in the Eurasian Economic Union
INTERNATIONAL LAW
Smirnykh S. E.
International legal status of children and youth – objects of illegal adoption
Gulyaeva E. E., Grishkova M. V.
Legal regulation of human cloning in the national legislation of Latin American countries
Delegeoz E. G.
Territories in international law
Krikunova S. S.
International legal mechanisms for the protection of information human rights within the framework of the African Union: threats, realities and prospects
Nutsalkhanov G. N.
The content of the Nuclear-Free Zone Treaty in the South Pacific
Rastrelin V. E.
Particular aspects of the protection of the rights of migrants at the universal level
Talimonchik V. P.
Prospects for the consideration of technological disputes by the Court of the Eurasian Economic Union
Taksidi M. A., Glinshchikova T. V., Khatkova M. R.
Prospects for the liberalization of conflict of laws regulation of property relations in Russian legislation
Solovyova A. S.
On the issue of the specifics of the impact of the positions of the UN Human Rights Committee on the law enforcement practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on certain aspects of the right to a fair trial
INTERNATIONAL PRIVATE LAW
Lopatko A. D., Mordovtseva M. M., Glinshchikova T. V.
International legal regulation of cross-border relations in the field of social security
THEORY OF STATE AND LAW
Arkhipkin I. V.
The ratio of crime and misconduct: theoretical and legal aspect
Gogurchunova Z. D., Magdilov M. M.
Attorney-client privilege: problems of theory and practice
Jafarov I. Kh.
Elements of legal nihilism and their elimination
Nedzelyuk T. G.
The role of lawyers in the development of a network of settlements in Western Siberia: the case of Kainsk
Togotin V. V.
The seal of confession as a professional secret
Tuganbaev M. A.
Features of the legal conflict in the private law sphere: theoretical aspect
Sharifulin A. A.
The Prosecutor’s Office of the Russian Federation: about some of the specifics of the legal status
Dustov D. V.
The role of the U.S. Supreme Court in resolving the issue of racial discrimination
Kozhabaev Zh. О.
The legal mechanism for ensuring economic security: a theoretical aspect
HISTORY OF STATE AND LAW
Gabdrakhmanov F. V.
Office work in the prosecutor’s office in 1922-1926
Danshina N. A., Mokhorov D. A.
The role of the state in the management system of control over the life of society
Egorov A. M., Egorov I. A.
The main trends in the development of punishments not related to the isolation of convicts from society in the history of criminal law in Russia
Egorov P. M.
On the issue of state policy for scientific development of the Arctic zone of Yakutia in the 1980s.
Iskandarova G. R.
The Hitler Youth in the hands of the Third Reich as a tool for waging war
Kovalenko N. E.
Aspects of the theory of the subject of law: historical analysis
Klimov A. Yu., Salnikov A. S.
The organization and activities of the regular Moscow police during the reign of Peter I
Serua V. S.
On the issue of the tasks of the first Soviet law societies (on the example of the Ukrainian Law Society)
Teryaeva E. V.
Senatorial audits as an element of the anti-corruption policy of the Russian state in the first half of the XIX century
Tuarmensky V. V., Burukin V. V., Pecherskiy D. V.
Understanding the corruption phenomenon through the prism of the ancient Indian treatise «Arthashastra»
Fesik P. Yu
Concepts of the institution of criminal liability for economic crimes in the countries of the Romano-Germanic legal family in the late XIX – 70s of the XX centuries
Fomichev M. N.
Legal status and powers of the Grand Vizier of the Ottoman Empire
Butov S. V.
The genesis of Soviet military criminal legislation during the Great Patriotic War
CONSTITUTIONAL LAW
Al-Bazzar O.A.Kh.
Crimes violating the voting process in Syria, Egypt and Iraq (comparative analysis)
Bashirina E. N.
Some historical and legal aspects of the legislation on the election of the president of the Russian Federation
Budzishvili Ts. Z.
On question of the role of the principle of legality in the activities of youth parliaments
Gabieva S. M., Gadzhieva S. I.
Interaction of the Constitutional Court of the Russian Federation with the President of Russia
Kichalyuk O. N.
Program and political acts as a form of implementation of the integrative function of the President of the Russian Federation
Magomedova D. S., Abdulazizov M. A., Magomedova N. S.
Development of the principle of equality as a constitutional value in the legislation on public service
Magomedkhanova Z. I.
The category of “origin” in the constitutional law of Russia
Mizhareva N. V.
To the issue of the concept of interaction between subjects of public authority
Pidurov T. L., Ramazanova E. T.
Problems of the implementation of the electoral right in the Russian Federation
Ruzavina E. Yu., Migal A. Yu.
The role of press services in the process of building citizens’ trust in public authorities
ADMINISTRATIVE LAW
Aysanov A. S., Malikov S. E.
Some aspects of the responsibility of passenger taxi aggregators in Russia
Bagishev O. A.
Features of administrative and legal liability of legal entities in business activities
Evsikova E. V., Ryklina A. A.
Administrative responsibility in the field of violation of the order of transportation of medicines
Polikarpov D. I., Khalitov O. F., Naumov S. I.
Features of the implementation of administrative legislation for violations of the use of pyrotechnic products
Taraborin R. S., Teplyakov I. I., Khvastunov K. V.
Characteristics of the rights of military personnel in the Russian Federation at the present stage of state construction
Evsikova E. V., Buts S. B.
On the issue of the implementation of administrative discretion in the context of digitalization
Tsyganova L. Yu.
On the right of legislative initiative of the human rights commissioners in the subjects of the Russian Federation
ADMINISTRATIVE PROCESS
Bekman O. A., Pilyugina Yu. G.
On the issue of determining the content and structure of the subject of administrative procedural law
Vlasova E. L.
Arguments for and against the Administrative Procedure Code of the Russian Federation
Dadayan E. V., Storozheva A. N.
On the issue of the need for an examination of the prescription of documents
CIVIL LAW
Arsenjeva G. V., Khramova I. S.
Losses as an element of the structure of the institution of responsibility in business companies
Gorshkov D. A.
Pledge management agreement and assignment agreement
Kovalenko M. A.
A heath provider as person of rendering telemedical care: issues of legislative regulation
Lityagina A. S., Kokova L. R.
Features of legal regulation of labor relations in the context of digitalization
Mitkevich V. N., Avramchenko D. S.
The civil nature of the provision of esoteric services
Yastremskiy I. A.
The powers of the Federal Service for Supervision of Consumer Rights Protection and Human Well-being to file a claim and represent the interests of a patient in a lawsuit with a plastic surgery clinic
Khamitova G. M.
Civil legal liability of medical workers and medical organizations for harm caused by patients
Yastremskiy I. A.
Legal basis and importance of mediation in a conflict between a patient and a plastic surgery clinic
Mitkevich V. N.
On the question of the qualification of the actions of the participants in the arbitration process as contempt of court
Provatkina V. E., Voloshina T. V., Korkin M. S.
Problems of formation of legal culture in modern Russia
Sibilev I. А.
Some issues relating to the «legal status» of artificial intelligence
Khavziev A. A.
Forms of protection of violated consumer rights
Khakimova A. F.
Issues of liability of the parties under a public-private partnership agreement
Yakimushkina M. A.
Formation of transaction institutes in western civilistics and their influence on the development of contract law of modern Russian legislation.
CIVIL PROCESS
Burkhanova S. D., Mogileva A. V., Syryev B. O.
Topical issues of the division of competence between Arbitration Courts and courts of general jurisdiction
Valieva A. V., Khasanshina F. G.
Judicial protection of objects that have arisen in the digital space
Ibragimov A. M.
The concept and meaning of judicial proceedings in arbitration courts
Churakova E. N., Irinina Ya. O.
Features of the jurisdictional process at the current stage of information technology development
Aidiev M. M.
On the question of the essence of the institution of absentee proceedings in the civil procedural law of Russia
Churakova E. N., Nikonorova A. A.
Digitalization in bankruptcy proceedings
Magomedov R. M.
The history of the development of the system of judicial evidence in the judicial proceedings of the Russian Federation
Churakova E. N., Skorokhodov A. A.
Prospects of technological actualization of the judicial system of the Russian Federation
FAMILY LAW
Kudryavtseva L. V., Kondra A. V., Sedova A. A.
On the issue of legal regulation of surrogacy in Russia
LABOUR LAW
Gorelov R. O.
The problems of concluding fixed-term employment contracts
Kuchina Yu. A.
On the issue of increasing the efficiency of investing in working person education in conditions of personnel shortage
Linets A. A.
Legal constructions of the implementation of the employer power
Filushchenko L. I.
Profiling as a tool for evaluating employees
INFORMATION LAW
Davudova S. Ya., Ragimhanova K. T.
Legal regulation of quantum technologies in the Russian Federation
Ragimhanova K. T.
Features of the concept of legal information and its legal properties
FINANCIAL LAW
Gavrilchenko K. R., Denisyuk E. I.
The procedure for protecting the rights of taxpayers in an administrative manner
Gerashchenko A. S., Chernova A. N., Ochakovskiy V. A.
On the issue of payment for actually uncompleted work according to the state contract
Dzutseva M.F.
The impact of international sanctions on the Russian financial system and adaptation strategies
Dreval L. N., Glushin D. Ya., Kanakaeva K. V.
Non-bank credit organizations in the banking system of the Russian Federation
Kerefova B. R., Surkis I. V.
Legal regulation of digital financial assets
Ovchinnikova L. I.
On the issue of legal regulation of the digitalization of the economy
Shkil V. V., Savin D. S., Gornostal S. V., Chernenko V. O.
Analysis of the impact of financial bubbles on the economy
TAX LAW
Glyzin A. V., Zhovanik K. M., Burdyukova A. A., Abramova S. M.
Introduction of a single tax account as a way to optimize the tax process
Kerefova B. R., Romanova N. E., Surkis I. V.
Impact of rising taxes and fines on the level of corruption
LAND LAW
Dzhunusova D. N.
On the issue of liability for non-use or improper use of agricultural land
SOCIAL SECURITY LAW
Ananjeva E. O., Ivliev P. V.
On the issue of social services for the participants of the Russian Federation
ENTREPRENEURIAL LAW
Zubkova M. N., Batalov R. E.
Challenging the debtor’s transactions in the course of external management
CRIMINAL LAW
Ananjeva E. O., Ivliev P. V.
The role of legal consciousness in modern Russia as a factor in reducing the recidivism of convicts
Antonov A. Yu.
The practice of using weapons by the UN personnel serving in the peacekeeping missions
Bushuev I. V., Ivanchenko E. V.
Qualification of crimes and its significance in criminal law
Vanyashin I. S., Mgeryan D. M.
On the issue of the limits of necessary defense
Danilova I. Yu., Suleymanov T. A.
Features of the qualification of socially dangerous acts related to the illegal sale of narcotic drugs by remote means
Dvoryanov I. B.
Criminal legal characteristics of illegal conversion of civilian weapons.
Dolgushina L. V., Stupina S. A.
About the large amount of damage, as a sign of the composition of the destruction or damage to someone else’s property by negligence
Troshkina G. A.
Illegal retail sale of alcohol and alcohol-containing food products, carried out using the internet information and telecommunications network
Kapitsa V. S., Kapitsa T. A., Bushkov D. V.
The conditionality of changes in the criminal law as a tool for countering crimes against public safety, public order, and state power
Kochkurova Yu. Yu.
Problems of appointment and implementation of criminal punishment in the form of forced labor
Krylova N. A.
The concept of collecting evidence and the need to comply with established requirements in order to give it evidentiary value in criminal cases involving forgery of documents under Art. 327 of the Criminal Code of the Russian Federation
Latypova D. M., Koroleva K. A.
Measures to prevent armed violence committed in educational institutions
Litra E. N.
Socio-criminological prerequisites for the criminal law protection of relations in the field of quality assurance and rational use of land
Maslienko M. A.
Illicit trafficking in weapons, ammunition, explosives and explosive devices in the conditions of a special military operation
Medvedeva I. N.
On the peculiarities of the execution of detention and imprisonment in Georgia
Permyakov M. V., Kotov V. V., Kilin A. G.
Operational implementation in the fight against organized crime.
Pisarevskaya E. A.
Combating juvenile delinquency: a regional perspective
Tailova A. G., Rasulova S. F., Abakarova B. G.
Features of the qualification of the murder of a minor or other person in a helpless state
Tasheva G. R.
Problems of combating cybercrime in the context of digitalization of the economy
Kolotilina A.A.
Issues of qualification of bribery committed by bailiffs
Kulikova M. A.
Social conditionality of criminal responsibility for torture
Lavrushko E. A.
Legal aspects of the implementation of the principles of criminal procedure in the context of ensuring its confidentiality
Larionov P. A.
Evolutive Interpretation of Criminal Law: Problem Formulation
Lushchaeva M. D.
Judgments of international courts and tribunals as formal sources of Russian criminal law
CRIMINAL PROCESS
Alexandrova O. P., Bogdanov M. N., Borisenko I. V.
Some issues of bringing to criminal liability persons authorized to carry out criminal procedural activities
Kosarev S. Yu., Kochemirovsky V. A., Menshikov P. V., Mokhorov D. A.
Digitalization of the evidence base by modern methods of forensic examination
Kudrayshova S. D.
Trial by jury in district courts: practical problems
Shapovalova T. I.
The pros and cons of using hypnosis in the process of proving in criminal proceedings
Annagi Abdul Mammadli ogly
Legal basıs of the ınvestıgatıve assent ın pre-trıal proceedıngs of the Republıc of Azerbaıjan
CRIMINAL-EXECUTIVE LAW
Ananjev O. G., Kashintseva I. L.
Organization of training for those sentenced to imprisonment in correctional institutions
Vidova T. A., Golovastova Yu. A., Mityaeva Yu. V.
Formation and development of the institution of conditional sentence in relation to minors in domestic legislation
Bubnova Yu. G., Kalyashin A. V.
Оn the issue of service and the implementation of the rules for wearing uniforms by female employees in the penal system
CRIMINALISTICS
Evstropov D. A.
The influence of electronic security devices on the dynamics of changes in crimes against property
Kabakova E. S., Dolgushina L. V.
Detection of traces of an explosion at the scene
Kuzmichev Yu. V., Mikhaylenko S. V., Kovalchuk V. A.
Features of the investigation of accidents that caused negligent death of minors
Lonshchakova A. R.
System-forming factors determining the features of criminalistic crime prevention
Ryzhkova I. A.
Tactical techniques aimed at implementing the principle of respect for the honor and dignity of the individual during investigative actions
Samoylov A. Yu.
Features of establishing spatial and temporal connections during the inspection of the scene
Shagieva G. R., Yusupova S. I.
Forensic photography
Dolgushina L. V.
Forensic features of the initial investigative actions related to the inspection of the explosion site
CRIMINOLOGY
Alyshev S. S.
The personality of the criminal as the basis of criminological theory
Litvinov R. V., Tishchenko A. V.
Criminological characteristics of female crime
Nurutdinov I. I., Khorolskiy V. V., Valeeva G. Sh., Shcherbakov A. V.
Deviant behavior of minors: classification, causes
Stupina S. A.
Some issues of drug safety through the prism of the information background of society (on the example of the Krasnoyarsk Territory)
Tailova A. G., Abdulsamedov A. T.
Murder for hire: causes, motives and main directions for prevention
LAW ENFORCEMENT AGENCIES
Valiakhmetov R. R., Amelin S. G., Striga O. N.
Organizational and tactical features of conducting various forms of physical training in the system of the Ministry of Internal Affairs of Russia
Vertinskiy K. D., Egoshin D. I., Oblap S. I.
Organization and features of preparation for the performance of control endurance exercises of a police officer
Nikolaev N. Yu., Akhiyarov R. A., Koshevets G. V.
Development of psychological stability of students of the Ministry of Internal Affairs of Russia in fire training classes and prospects for the use of psychological techniques for overcoming stress in practice
Ivanchenko E. A., Meleshkin V. V.
Certain aspects of the prosecutor’s supervision over the legality of the activities of the subjects of the licensing system
Tsarkova E. G.
The use of modern information technologies to assess the effectiveness of the integrated security system of informatization facilities of the Penal System of the Russian Federation
Khorolskiy V. V., Mansurova Z. R., Gorbatsevich O. A., Kortikov A. V.
The use of interactive teaching methods in universities of the Ministry of Internal Affairs of Russia
Popova A. A., Mikhaylov N. V., Savushkin V. V.
The role of fire training for the effective work of employees of special units to perform tasks as part of combat groups
OPERATIONAL INVESTIGATIVE ACTIVITIES
Khannanov R. R.
Organizations of operational and investigative activities: to the problem of defining the concept
SECURITY AND LAW
Alexeev Yu. G., Nasyrov R. R.
Current problems of countering terrorism
Aramisov A. A., Kushpova D. R.
Current problems of the spread of cyber extremism among youth
Nikolaev N. Yu., Kozhin D. A., Fayrushin T. A.
The use of firearms to neutralize unmanned aerial vehicles illegally in the airspace
Balabkin D. A., Abrosimov I. S., Gogoleva V. V.
The role of legal culture in the development of anti-corruption measures: historical stages and their main aspects
Tsarkova E. G.
On the issue of the use of artificial intelligence in processing large amounts of text data in the practical activities of employees of the Penal System of the Russian Federation
PEDAGOGY AND LAW
Bodko S. P., Vorobyov D. N., Goynov I. V., Kasumova Z. G., Sadkov A. V.
Features of physical training of cadets of educational organizations of the FPS of Russia for the winter service doubles competition
Gadzhiev I. А., Budakov A. N., Pavel Yu. S.
Dependence of intellectual activity on psychophysical loads
Zorina N. S.
Psychological and pedagogical aspects of work with juvenile convicts held in educational colonies
Kustova N. K., Tarasenko D. V.
To the question of the implementation of the competency-based approach to training students in professional training programs
Lipanin E. A., Gushchin D. N., Chetverikova A. I., Trofimov V. A.
Interactive methods of forming the communicative competence of future police officers
Sudakova O. V.
Legal nature of the process of education and upbringing
Zorina N. S.
Social factors influencing the formation of criminal behavior of a minor
Sukhorukov V. A., Petrenko D. A., Loginov S. N.
Educational mobility as a social elevator in modern society in the context of globalization
PSYCHOLOGY AND LAW
Karavaev A. A., Zhukova A. I., Boloban M. L., Sharafutdinov I. S.
Problems of professional and psychological training of police officers to work in special conditions
Khorolskiy V. V., Mansurova Z. R., Karavaev A. A., Trofimov V. A.
The role of psychological training in the effective performance of official tasks by police officers
POLICY AND LAW
Aliev Kh. K.
V. Putin is the guarantor of the stable and progressive development of modern Russian statehood
Gavrilov D. E., Mozolyuk M. V., Dyma I. S., Vinokurova S. V.
Color Revolutions: scenarios and consequences
Pivovarova I. V., Bogdanova Yu. Z.
All-Russian identity as socio-cultural law rural residents
STATE AND LAW
Butakova N. A., Evgrafova I. V., Sekste Ya. A.
Formation and development of the conceptual and legal foundations of the state policy of the Russian Federation in the Arctic region
Kulikova Yu. A.
On the issue of changing the terms of presidential tenure in the Republic of Tajikistan
Shestakov Z. D., Yaskov K. S., Litvinchuk P. A., Glushich A. A.
Transformation of social policy: challenges of the 21st century and new directions of development
ECONOMY. LAW. SOCIETY
Afanasjeva E. E., Khachatryan O. A.
Financing of assistance programs employment: new approaches
Vasiljeva Yu. P., Kolesnikov M. V.
The current state of innovative development in Russia
Volov M. A., Dikinov A. K., Nepeeva K. Yu., Shkakhova F. A.
Electronic payment systems as a factor in the development of the digital economy in the Russian Federation
Malyshkin N. G., Novakova S. Yu.
Development of industrial production in the regions of the Central Federal District
Makhmudova Kh. M., Alieva E. B.
Problems of avoiding double taxation in Russia
Polshakova N. V., Uvarova M. N., Novikova S. Yu.
Industry 4.0: system digital transformation of agricultural enterprises
Radchenko E. P., Vdovina A. N.
On the issue of the impact of public-private partnership mechanisms on the institutional development of the country
Kutdusova A. V., Dvoryaninova S. A., Nikitin K. A., Ovchinnikova A. A.
Investment Breakthrough: strategies and innovations for growth in modern Russia
Sorokina M. D., Boyko E. K., Radchenko D. A., Gerasimov S. D.
Investment processes in agriculture
Shildt L. A., Tokar Yu. V., Siraev R. A.
Assessment of the impact of emissions of pollutants into the atmosphere
Shorokhov K. D., Omelchuk N. S., Matveev M. A., Sidorenko M. A.
Monopolies in the modern economy: a multidimensional analytical review
Li Linlin
The development of cross-border tourism between China and Russia in the post-epidemic era
He Zhendong, Ning Yanhong, Li Honghong
Territorial jurisdiction in civil cases involving foreign states: comparative characteristics of Chinese and Russian legislation
PHILOSOPHY. LAW. SOCIETY
Baklanov I. S., Baklanova O. A., Lukyanov G. I.
The introduction of artificial intelligence into the sociocultural practices of digital society: consequences and risks of the development of Industry 4.0
Gofman A. A., Timoschuk A. S.
«Young Squid School» as an investment in the future of Russia
Ignatova Yu. E.
Social trust as a reduction of sociality, a resource for the development of social institutions and a way to achieve social safeness
Kalinina V. O.
The philosophical perspective of the environmental policy of the United States of America and the Russian Federation
Kitaev N.N., Ardashev R.G., Shamurzaev T.T.
Mysticism and law: myths and reality
Madzhuga A. G., Azhiev A. V.
Conceptual and theoretical foundations of military-patriotic education of students in a coevolutionarily developing world
Rabadanova A. A., Gasandibirova M. A., Magomedova F. Ya.
Voluntary informed consent. Problems of mutual understanding between the patient and the doctor
Ravochkin N. N.
Transformations of communications in the digital world: philosophical analysis (part 2)
Pokhilko A. D., Baklanova O. A., Burkin D. O.
Microsociety in modern society: explication of the socio-philosophical aspect
Fedotov V. V.
Philosophical reflection on the crisis of work motivation
Fomin A. A.
The revival of Russia’s civilizational ethos: problems and prospects
Khokhlova O. M.
Social consent in the context of national security
Gusev V. S. (Bishop Filaret)
The originality of the views of N. A. Berdyaev and I. A. Ilyin on man
Shevalov S. V.
Synthesis of Marxism with other socio-philosophical doctrines: opportunities and prospects
Farkhutdinov L. I.
Ignoramus et ignorabimus: the problem of the capitalist crisis in respect of the methodology of science
REVIEW
Latypov V. S.
A person in respect of whom a criminal case has been separated into a separate proceeding in connection with the conclusion of a pre-trial cooperation agreement with him: theoretical, legal and law enforcement analysis (review of the official opponent on I. A. Kosareva’s dissertation submitted for the degree of candidate of legal sciences in the specialty 5.1.4. criminal law sciences)
Z. S. Bayniyazova:
The problem of consolidating the legal status of an individual in the Russian legal system in the digital age
Interview with Bayniyazova Zulfiya Suleymanovna, Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Faculty of Law of the N. G. Chernyshevsky Saratov National Research State University.
EURASIAN INTEGRATION
Vechernin D. S.
The legal basis for ensuring collective food security in the Eurasian Economic Union: current state and development prospects
Khalipov S. V.
Legal fundamentals of Russia’s non-tariff regulation in the Eurasian Economic Union
INTERNATIONAL LAW
Smirnykh S. E.
International legal status of children and youth – objects of illegal adoption
Gulyaeva E. E., Grishkova M. V.
Legal regulation of human cloning in the national legislation of Latin American countries
Delegeoz E. G.
Territories in international law
Krikunova S. S.
International legal mechanisms for the protection of information human rights within the framework of the African Union: threats, realities and prospects
Nutsalkhanov G. N.
The content of the Nuclear-Free Zone Treaty in the South Pacific
Rastrelin V. E.
Particular aspects of the protection of the rights of migrants at the universal level
Talimonchik V. P.
Prospects for the consideration of technological disputes by the Court of the Eurasian Economic Union
Taksidi M. A., Glinshchikova T. V., Khatkova M. R.
Prospects for the liberalization of conflict of laws regulation of property relations in Russian legislation
Solovyova A. S.
On the issue of the specifics of the impact of the positions of the UN Human Rights Committee on the law enforcement practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on certain aspects of the right to a fair trial
INTERNATIONAL PRIVATE LAW
Lopatko A. D., Mordovtseva M. M., Glinshchikova T. V.
International legal regulation of cross-border relations in the field of social security
THEORY OF STATE AND LAW
Arkhipkin I. V.
The ratio of crime and misconduct: theoretical and legal aspect
Gogurchunova Z. D., Magdilov M. M.
Attorney-client privilege: problems of theory and practice
Jafarov I. Kh.
Elements of legal nihilism and their elimination
Nedzelyuk T. G.
The role of lawyers in the development of a network of settlements in Western Siberia: the case of Kainsk
Togotin V. V.
The seal of confession as a professional secret
Tuganbaev M. A.
Features of the legal conflict in the private law sphere: theoretical aspect
Sharifulin A. A.
The Prosecutor’s Office of the Russian Federation: about some of the specifics of the legal status
Dustov D. V.
The role of the U.S. Supreme Court in resolving the issue of racial discrimination
Kozhabaev Zh. О.
The legal mechanism for ensuring economic security: a theoretical aspect
HISTORY OF STATE AND LAW
Gabdrakhmanov F. V.
Office work in the prosecutor’s office in 1922-1926
Danshina N. A., Mokhorov D. A.
The role of the state in the management system of control over the life of society
Egorov A. M., Egorov I. A.
The main trends in the development of punishments not related to the isolation of convicts from society in the history of criminal law in Russia
Egorov P. M.
On the issue of state policy for scientific development of the Arctic zone of Yakutia in the 1980s.
Iskandarova G. R.
The Hitler Youth in the hands of the Third Reich as a tool for waging war
Kovalenko N. E.
Aspects of the theory of the subject of law: historical analysis
Klimov A. Yu., Salnikov A. S.
The organization and activities of the regular Moscow police during the reign of Peter I
Serua V. S.
On the issue of the tasks of the first Soviet law societies (on the example of the Ukrainian Law Society)
Teryaeva E. V.
Senatorial audits as an element of the anti-corruption policy of the Russian state in the first half of the XIX century
Tuarmensky V. V., Burukin V. V., Pecherskiy D. V.
Understanding the corruption phenomenon through the prism of the ancient Indian treatise «Arthashastra»
Fesik P. Yu
Concepts of the institution of criminal liability for economic crimes in the countries of the Romano-Germanic legal family in the late XIX – 70s of the XX centuries
Fomichev M. N.
Legal status and powers of the Grand Vizier of the Ottoman Empire
Butov S. V.
The genesis of Soviet military criminal legislation during the Great Patriotic War
CONSTITUTIONAL LAW
Al-Bazzar O.A.Kh.
Crimes violating the voting process in Syria, Egypt and Iraq (comparative analysis)
Bashirina E. N.
Some historical and legal aspects of the legislation on the election of the president of the Russian Federation
Budzishvili Ts. Z.
On question of the role of the principle of legality in the activities of youth parliaments
Gabieva S. M., Gadzhieva S. I.
Interaction of the Constitutional Court of the Russian Federation with the President of Russia
Kichalyuk O. N.
Program and political acts as a form of implementation of the integrative function of the President of the Russian Federation
Magomedova D. S., Abdulazizov M. A., Magomedova N. S.
Development of the principle of equality as a constitutional value in the legislation on public service
Magomedkhanova Z. I.
The category of “origin” in the constitutional law of Russia
Mizhareva N. V.
To the issue of the concept of interaction between subjects of public authority
Pidurov T. L., Ramazanova E. T.
Problems of the implementation of the electoral right in the Russian Federation
Ruzavina E. Yu., Migal A. Yu.
The role of press services in the process of building citizens’ trust in public authorities
ADMINISTRATIVE LAW
Aysanov A. S., Malikov S. E.
Some aspects of the responsibility of passenger taxi aggregators in Russia
Bagishev O. A.
Features of administrative and legal liability of legal entities in business activities
Evsikova E. V., Ryklina A. A.
Administrative responsibility in the field of violation of the order of transportation of medicines
Polikarpov D. I., Khalitov O. F., Naumov S. I.
Features of the implementation of administrative legislation for violations of the use of pyrotechnic products
Taraborin R. S., Teplyakov I. I., Khvastunov K. V.
Characteristics of the rights of military personnel in the Russian Federation at the present stage of state construction
Evsikova E. V., Buts S. B.
On the issue of the implementation of administrative discretion in the context of digitalization
Tsyganova L. Yu.
On the right of legislative initiative of the human rights commissioners in the subjects of the Russian Federation
ADMINISTRATIVE PROCESS
Bekman O. A., Pilyugina Yu. G.
On the issue of determining the content and structure of the subject of administrative procedural law
Vlasova E. L.
Arguments for and against the Administrative Procedure Code of the Russian Federation
Dadayan E. V., Storozheva A. N.
On the issue of the need for an examination of the prescription of documents
CIVIL LAW
Arsenjeva G. V., Khramova I. S.
Losses as an element of the structure of the institution of responsibility in business companies
Gorshkov D. A.
Pledge management agreement and assignment agreement
Kovalenko M. A.
A heath provider as person of rendering telemedical care: issues of legislative regulation
Lityagina A. S., Kokova L. R.
Features of legal regulation of labor relations in the context of digitalization
Mitkevich V. N., Avramchenko D. S.
The civil nature of the provision of esoteric services
Yastremskiy I. A.
The powers of the Federal Service for Supervision of Consumer Rights Protection and Human Well-being to file a claim and represent the interests of a patient in a lawsuit with a plastic surgery clinic
Khamitova G. M.
Civil legal liability of medical workers and medical organizations for harm caused by patients
Yastremskiy I. A.
Legal basis and importance of mediation in a conflict between a patient and a plastic surgery clinic
Mitkevich V. N.
On the question of the qualification of the actions of the participants in the arbitration process as contempt of court
Provatkina V. E., Voloshina T. V., Korkin M. S.
Problems of formation of legal culture in modern Russia
Sibilev I. А.
Some issues relating to the «legal status» of artificial intelligence
Khavziev A. A.
Forms of protection of violated consumer rights
Khakimova A. F.
Issues of liability of the parties under a public-private partnership agreement
Yakimushkina M. A.
Formation of transaction institutes in western civilistics and their influence on the development of contract law of modern Russian legislation.
CIVIL PROCESS
Burkhanova S. D., Mogileva A. V., Syryev B. O.
Topical issues of the division of competence between Arbitration Courts and courts of general jurisdiction
Valieva A. V., Khasanshina F. G.
Judicial protection of objects that have arisen in the digital space
Ibragimov A. M.
The concept and meaning of judicial proceedings in arbitration courts
Churakova E. N., Irinina Ya. O.
Features of the jurisdictional process at the current stage of information technology development
Aidiev M. M.
On the question of the essence of the institution of absentee proceedings in the civil procedural law of Russia
Churakova E. N., Nikonorova A. A.
Digitalization in bankruptcy proceedings
Magomedov R. M.
The history of the development of the system of judicial evidence in the judicial proceedings of the Russian Federation
Churakova E. N., Skorokhodov A. A.
Prospects of technological actualization of the judicial system of the Russian Federation
FAMILY LAW
Kudryavtseva L. V., Kondra A. V., Sedova A. A.
On the issue of legal regulation of surrogacy in Russia
LABOUR LAW
Gorelov R. O.
The problems of concluding fixed-term employment contracts
Kuchina Yu. A.
On the issue of increasing the efficiency of investing in working person education in conditions of personnel shortage
Linets A. A.
Legal constructions of the implementation of the employer power
Filushchenko L. I.
Profiling as a tool for evaluating employees
INFORMATION LAW
Davudova S. Ya., Ragimhanova K. T.
Legal regulation of quantum technologies in the Russian Federation
Ragimhanova K. T.
Features of the concept of legal information and its legal properties
FINANCIAL LAW
Gavrilchenko K. R., Denisyuk E. I.
The procedure for protecting the rights of taxpayers in an administrative manner
Gerashchenko A. S., Chernova A. N., Ochakovskiy V. A.
On the issue of payment for actually uncompleted work according to the state contract
Dzutseva M.F.
The impact of international sanctions on the Russian financial system and adaptation strategies
Dreval L. N., Glushin D. Ya., Kanakaeva K. V.
Non-bank credit organizations in the banking system of the Russian Federation
Kerefova B. R., Surkis I. V.
Legal regulation of digital financial assets
Ovchinnikova L. I.
On the issue of legal regulation of the digitalization of the economy
Shkil V. V., Savin D. S., Gornostal S. V., Chernenko V. O.
Analysis of the impact of financial bubbles on the economy
TAX LAW
Glyzin A. V., Zhovanik K. M., Burdyukova A. A., Abramova S. M.
Introduction of a single tax account as a way to optimize the tax process
Kerefova B. R., Romanova N. E., Surkis I. V.
Impact of rising taxes and fines on the level of corruption
LAND LAW
Dzhunusova D. N.
On the issue of liability for non-use or improper use of agricultural land
SOCIAL SECURITY LAW
Ananjeva E. O., Ivliev P. V.
On the issue of social services for the participants of the Russian Federation
ENTREPRENEURIAL LAW
Zubkova M. N., Batalov R. E.
Challenging the debtor’s transactions in the course of external management
CRIMINAL LAW
Ananjeva E. O., Ivliev P. V.
The role of legal consciousness in modern Russia as a factor in reducing the recidivism of convicts
Antonov A. Yu.
The practice of using weapons by the UN personnel serving in the peacekeeping missions
Bushuev I. V., Ivanchenko E. V.
Qualification of crimes and its significance in criminal law
Vanyashin I. S., Mgeryan D. M.
On the issue of the limits of necessary defense
Danilova I. Yu., Suleymanov T. A.
Features of the qualification of socially dangerous acts related to the illegal sale of narcotic drugs by remote means
Dvoryanov I. B.
Criminal legal characteristics of illegal conversion of civilian weapons.
Dolgushina L. V., Stupina S. A.
About the large amount of damage, as a sign of the composition of the destruction or damage to someone else’s property by negligence
Troshkina G. A.
Illegal retail sale of alcohol and alcohol-containing food products, carried out using the internet information and telecommunications network
Kapitsa V. S., Kapitsa T. A., Bushkov D. V.
The conditionality of changes in the criminal law as a tool for countering crimes against public safety, public order, and state power
Kochkurova Yu. Yu.
Problems of appointment and implementation of criminal punishment in the form of forced labor
Krylova N. A.
The concept of collecting evidence and the need to comply with established requirements in order to give it evidentiary value in criminal cases involving forgery of documents under Art. 327 of the Criminal Code of the Russian Federation
Latypova D. M., Koroleva K. A.
Measures to prevent armed violence committed in educational institutions
Litra E. N.
Socio-criminological prerequisites for the criminal law protection of relations in the field of quality assurance and rational use of land
Maslienko M. A.
Illicit trafficking in weapons, ammunition, explosives and explosive devices in the conditions of a special military operation
Medvedeva I. N.
On the peculiarities of the execution of detention and imprisonment in Georgia
Permyakov M. V., Kotov V. V., Kilin A. G.
Operational implementation in the fight against organized crime.
Pisarevskaya E. A.
Combating juvenile delinquency: a regional perspective
Tailova A. G., Rasulova S. F., Abakarova B. G.
Features of the qualification of the murder of a minor or other person in a helpless state
Tasheva G. R.
Problems of combating cybercrime in the context of digitalization of the economy
Kolotilina A.A.
Issues of qualification of bribery committed by bailiffs
Kulikova M. A.
Social conditionality of criminal responsibility for torture
Lavrushko E. A.
Legal aspects of the implementation of the principles of criminal procedure in the context of ensuring its confidentiality
Larionov P. A.
Evolutive Interpretation of Criminal Law: Problem Formulation
Lushchaeva M. D.
Judgments of international courts and tribunals as formal sources of Russian criminal law
CRIMINAL PROCESS
Alexandrova O. P., Bogdanov M. N., Borisenko I. V.
Some issues of bringing to criminal liability persons authorized to carry out criminal procedural activities
Kosarev S. Yu., Kochemirovsky V. A., Menshikov P. V., Mokhorov D. A.
Digitalization of the evidence base by modern methods of forensic examination
Kudrayshova S. D.
Trial by jury in district courts: practical problems
Shapovalova T. I.
The pros and cons of using hypnosis in the process of proving in criminal proceedings
Annagi Abdul Mammadli ogly
Legal basıs of the ınvestıgatıve assent ın pre-trıal proceedıngs of the Republıc of Azerbaıjan
CRIMINAL-EXECUTIVE LAW
Ananjev O. G., Kashintseva I. L.
Organization of training for those sentenced to imprisonment in correctional institutions
Vidova T. A., Golovastova Yu. A., Mityaeva Yu. V.
Formation and development of the institution of conditional sentence in relation to minors in domestic legislation
Bubnova Yu. G., Kalyashin A. V.
Оn the issue of service and the implementation of the rules for wearing uniforms by female employees in the penal system
CRIMINALISTICS
Evstropov D. A.
The influence of electronic security devices on the dynamics of changes in crimes against property
Kabakova E. S., Dolgushina L. V.
Detection of traces of an explosion at the scene
Kuzmichev Yu. V., Mikhaylenko S. V., Kovalchuk V. A.
Features of the investigation of accidents that caused negligent death of minors
Lonshchakova A. R.
System-forming factors determining the features of criminalistic crime prevention
Ryzhkova I. A.
Tactical techniques aimed at implementing the principle of respect for the honor and dignity of the individual during investigative actions
Samoylov A. Yu.
Features of establishing spatial and temporal connections during the inspection of the scene
Shagieva G. R., Yusupova S. I.
Forensic photography
Dolgushina L. V.
Forensic features of the initial investigative actions related to the inspection of the explosion site
CRIMINOLOGY
Alyshev S. S.
The personality of the criminal as the basis of criminological theory
Litvinov R. V., Tishchenko A. V.
Criminological characteristics of female crime
Nurutdinov I. I., Khorolskiy V. V., Valeeva G. Sh., Shcherbakov A. V.
Deviant behavior of minors: classification, causes
Stupina S. A.
Some issues of drug safety through the prism of the information background of society (on the example of the Krasnoyarsk Territory)
Tailova A. G., Abdulsamedov A. T.
Murder for hire: causes, motives and main directions for prevention
LAW ENFORCEMENT AGENCIES
Valiakhmetov R. R., Amelin S. G., Striga O. N.
Organizational and tactical features of conducting various forms of physical training in the system of the Ministry of Internal Affairs of Russia
Vertinskiy K. D., Egoshin D. I., Oblap S. I.
Organization and features of preparation for the performance of control endurance exercises of a police officer
Nikolaev N. Yu., Akhiyarov R. A., Koshevets G. V.
Development of psychological stability of students of the Ministry of Internal Affairs of Russia in fire training classes and prospects for the use of psychological techniques for overcoming stress in practice
Ivanchenko E. A., Meleshkin V. V.
Certain aspects of the prosecutor’s supervision over the legality of the activities of the subjects of the licensing system
Tsarkova E. G.
The use of modern information technologies to assess the effectiveness of the integrated security system of informatization facilities of the Penal System of the Russian Federation
Khorolskiy V. V., Mansurova Z. R., Gorbatsevich O. A., Kortikov A. V.
The use of interactive teaching methods in universities of the Ministry of Internal Affairs of Russia
Popova A. A., Mikhaylov N. V., Savushkin V. V.
The role of fire training for the effective work of employees of special units to perform tasks as part of combat groups
OPERATIONAL INVESTIGATIVE ACTIVITIES
Khannanov R. R.
Organizations of operational and investigative activities: to the problem of defining the concept
SECURITY AND LAW
Alexeev Yu. G., Nasyrov R. R.
Current problems of countering terrorism
Aramisov A. A., Kushpova D. R.
Current problems of the spread of cyber extremism among youth
Nikolaev N. Yu., Kozhin D. A., Fayrushin T. A.
The use of firearms to neutralize unmanned aerial vehicles illegally in the airspace
Balabkin D. A., Abrosimov I. S., Gogoleva V. V.
The role of legal culture in the development of anti-corruption measures: historical stages and their main aspects
Tsarkova E. G.
On the issue of the use of artificial intelligence in processing large amounts of text data in the practical activities of employees of the Penal System of the Russian Federation
PEDAGOGY AND LAW
Bodko S. P., Vorobyov D. N., Goynov I. V., Kasumova Z. G., Sadkov A. V.
Features of physical training of cadets of educational organizations of the FPS of Russia for the winter service doubles competition
Gadzhiev I. А., Budakov A. N., Pavel Yu. S.
Dependence of intellectual activity on psychophysical loads
Zorina N. S.
Psychological and pedagogical aspects of work with juvenile convicts held in educational colonies
Kustova N. K., Tarasenko D. V.
To the question of the implementation of the competency-based approach to training students in professional training programs
Lipanin E. A., Gushchin D. N., Chetverikova A. I., Trofimov V. A.
Interactive methods of forming the communicative competence of future police officers
Sudakova O. V.
Legal nature of the process of education and upbringing
Zorina N. S.
Social factors influencing the formation of criminal behavior of a minor
Sukhorukov V. A., Petrenko D. A., Loginov S. N.
Educational mobility as a social elevator in modern society in the context of globalization
PSYCHOLOGY AND LAW
Karavaev A. A., Zhukova A. I., Boloban M. L., Sharafutdinov I. S.
Problems of professional and psychological training of police officers to work in special conditions
Khorolskiy V. V., Mansurova Z. R., Karavaev A. A., Trofimov V. A.
The role of psychological training in the effective performance of official tasks by police officers
POLICY AND LAW
Aliev Kh. K.
V. Putin is the guarantor of the stable and progressive development of modern Russian statehood
Gavrilov D. E., Mozolyuk M. V., Dyma I. S., Vinokurova S. V.
Color Revolutions: scenarios and consequences
Pivovarova I. V., Bogdanova Yu. Z.
All-Russian identity as socio-cultural law rural residents
STATE AND LAW
Butakova N. A., Evgrafova I. V., Sekste Ya. A.
Formation and development of the conceptual and legal foundations of the state policy of the Russian Federation in the Arctic region
Kulikova Yu. A.
On the issue of changing the terms of presidential tenure in the Republic of Tajikistan
Shestakov Z. D., Yaskov K. S., Litvinchuk P. A., Glushich A. A.
Transformation of social policy: challenges of the 21st century and new directions of development
ECONOMY. LAW. SOCIETY
Afanasjeva E. E., Khachatryan O. A.
Financing of assistance programs employment: new approaches
Vasiljeva Yu. P., Kolesnikov M. V.
The current state of innovative development in Russia
Volov M. A., Dikinov A. K., Nepeeva K. Yu., Shkakhova F. A.
Electronic payment systems as a factor in the development of the digital economy in the Russian Federation
Malyshkin N. G., Novakova S. Yu.
Development of industrial production in the regions of the Central Federal District
Makhmudova Kh. M., Alieva E. B.
Problems of avoiding double taxation in Russia
Polshakova N. V., Uvarova M. N., Novikova S. Yu.
Industry 4.0: system digital transformation of agricultural enterprises
Radchenko E. P., Vdovina A. N.
On the issue of the impact of public-private partnership mechanisms on the institutional development of the country
Kutdusova A. V., Dvoryaninova S. A., Nikitin K. A., Ovchinnikova A. A.
Investment Breakthrough: strategies and innovations for growth in modern Russia
Sorokina M. D., Boyko E. K., Radchenko D. A., Gerasimov S. D.
Investment processes in agriculture
Shildt L. A., Tokar Yu. V., Siraev R. A.
Assessment of the impact of emissions of pollutants into the atmosphere
Shorokhov K. D., Omelchuk N. S., Matveev M. A., Sidorenko M. A.
Monopolies in the modern economy: a multidimensional analytical review
Li Linlin
The development of cross-border tourism between China and Russia in the post-epidemic era
He Zhendong, Ning Yanhong, Li Honghong
Territorial jurisdiction in civil cases involving foreign states: comparative characteristics of Chinese and Russian legislation
PHILOSOPHY. LAW. SOCIETY
Baklanov I. S., Baklanova O. A., Lukyanov G. I.
The introduction of artificial intelligence into the sociocultural practices of digital society: consequences and risks of the development of Industry 4.0
Gofman A. A., Timoschuk A. S.
«Young Squid School» as an investment in the future of Russia
Ignatova Yu. E.
Social trust as a reduction of sociality, a resource for the development of social institutions and a way to achieve social safeness
Kalinina V. O.
The philosophical perspective of the environmental policy of the United States of America and the Russian Federation
Kitaev N.N., Ardashev R.G., Shamurzaev T.T.
Mysticism and law: myths and reality
Madzhuga A. G., Azhiev A. V.
Conceptual and theoretical foundations of military-patriotic education of students in a coevolutionarily developing world
Rabadanova A. A., Gasandibirova M. A., Magomedova F. Ya.
Voluntary informed consent. Problems of mutual understanding between the patient and the doctor
Ravochkin N. N.
Transformations of communications in the digital world: philosophical analysis (part 2)
Pokhilko A. D., Baklanova O. A., Burkin D. O.
Microsociety in modern society: explication of the socio-philosophical aspect
Fedotov V. V.
Philosophical reflection on the crisis of work motivation
Fomin A. A.
The revival of Russia’s civilizational ethos: problems and prospects
Khokhlova O. M.
Social consent in the context of national security
Gusev V. S. (Bishop Filaret)
The originality of the views of N. A. Berdyaev and I. A. Ilyin on man
Shevalov S. V.
Synthesis of Marxism with other socio-philosophical doctrines: opportunities and prospects
Farkhutdinov L. I.
Ignoramus et ignorabimus: the problem of the capitalist crisis in respect of the methodology of science
REVIEW
Latypov V. S.
A person in respect of whom a criminal case has been separated into a separate proceeding in connection with the conclusion of a pre-trial cooperation agreement with him: theoretical, legal and law enforcement analysis (review of the official opponent on I. A. Kosareva’s dissertation submitted for the degree of candidate of legal sciences in the specialty 5.1.4. criminal law sciences)
PERSONA GRATA
Z. S. Bayniyazova:
The problem of consolidating the legal status of an individual in the Russian legal system in the digital age
Interview with Bayniyazova Zulfiya Suleymanovna, Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Faculty of Law of the N. G. Chernyshevsky Saratov National Research State University
EURASIAN INTEGRATION
VECHERNIN Denis Sergeevich
Ph.D. in Law, project manager of Change Management Center of the O. E. Kutafin Moscow State Law University (MSAL)
THE LEGAL BASIS FOR ENSURING COLLECTIVE FOOD SECURITY IN THE EURASIAN ECONOMIC UNION: CURRENT STATE AND DEVELOPMENT PROSPECTS
The article examines the theoretical and regulatory foundations for maintaining collective food security in the Eurasian Economic Union. Based on the analysis of the international legal acts of the EAEU in this area, the author concludes that they need to be changed and formulates appropriate proposals. It is noted that the further development of the legal regulation of the collective food security system in the EAEU should be based on the generally recognized principles of international security law and the experience of international legal regulation of public relations in this area in the post-Soviet space.
Keywords: law, security, collective food security, Eurasian Economic Union, EAEU, food policy, international law, principles, agriculture, agro-industrial complex.
Bibliographic list of articles
1. Baygot M., Znovets M. Food security of the Eurasian Economic Union within the framework of the world food system // Agrarian Economics. – 2021. – No. 1 (11). – P.44-51.
2. Vechernin D.S. On the prospects for cooperation between member states of the Shanghai Cooperation Organization in the field of food security: international legal aspect // Bulletin of the Diplomatic Academy of the Russian Foreign Ministry. International law. – 2022. –No. 4 (19). – pp. 11-21.
3. Vechernin D. S. Legal basis for cooperation between member states of the Commonwealth of Independent States in the field of food security // Representative power – XXI century: legislation, comments, problems. – 2023. – No. 7-8 (206-207). – pp. 29-35.
4. Dobrosotsky V.I. Ensuring food security in the countries of the Eurasian Economic Union: global and regional aspects. – M.: Odintsovo branch of MGIMO, 2019. – 128 p.
EURASIAN INTEGRATION
KHALIPOV Sergey Vasiljevich
Ph.D. in Law, associate professor, Head of Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of Russia
LEGAL FUNDAMENTALS OF RUSSIA’S NON-TARIFF REGULATION IN THE EURASIAN ECONOMIC UNION
The article deals with the substance of non-tariff regulation of foreign trade in goods. Scientific and official classifications of non-tariff measures are given. The unified non-tariff regulation of the Eurasian Economic Union is studied. The legislation of the Russian Federation on foreign trade activities is analyzed. Problematic examples of correlation of the Union’s law with individual measures of non-tariff regulation introduced in Russia and other member states are unilaterally demonstrated. Conclusions about the system of non-tariff regulation in the context of the Eurasian economic integration and about the possibilities of member states to apply non-tariff measures independently are formulated.
Keywords: non-tariff regulation, prohibitions and restrictions on foreign trade in goods, the Eurasian Economic Union law, licensing and quotas, the exclusive right to import and export goods, unilateral non-tariff measures.
Bibliographic list of articles
1. Alekseev S. A. Regulation of the use of non-tariff measures in EU law: Author’s abstract. dis. …cand. legal Sci. – M., 2003. – 28 p.
2. Andreeva E. L., Ilyasov P. V. Problems of improving non-tariff regulation of international trade within the EAEU // Russian Foreign Economic Bulletin. – 2021. – No. 2. – P. 21-38.
3. Galitskaya N.V. Non-tariff regulation of foreign trade activities in customs legal relations: dis. …cand. legal Sci. – Saratov, 2005. – 197 p.
4. Idrisova V.V. Theoretical issues of application of non-tariff regulatory measures in foreign trade: Author’s abstract. dis. …cand. econ. Sci. – M., 2011. – 24 p.
5. International classification of non-tariff measures. – UN Publishing House UNCTAD, 2019. – 94 p.
6. Tyurina N. E. Public interest in international trade law: dis. … doc. legal Sci. – Kazan, 2015. – 443 pp.
7. Khalipov S. V. InterInternational customs law: textbook. – M.: KNORUS, 2023. – 184 p.
8. Shumilov V. M. International economic law in the context of globalization of the world economy (problems of theory and practice): dis. … doc. legal Sci. – M., 2001. – 400 p.
9. Anne-Célia Disdier, Marco Fugazza. A Practical Guide to the Economic Analysis of Non-Tariff Measures. United Nations and World Trade Organization, 2019. – RUR 98
INTERNATIONAL LAW
SMIRNYKH Sergey Evgenjevich
Ph.D. in Law, General Secretary of the Russian Association of International Law
INTERNATIONAL LEGAL STATUS OF CHILDREN AND YOUTH – OBJECTS OF ILLEGAL ADOPTION
The article deals with the international legal status of children and youth – objects of illegal adoption. It is noted that children and youth – objects of illegal adoption, are among the most vulnerable groups of the population. Children and youth especially acutely feel the need for security. Illegal adoption is a threat to the healthy development of children and young people, as well as to the security of states and the international community. The fight against illegal adoptions of children and youth must therefore be aimed at exposing criminal organizations and putting an end to their activities.
Keywords: international legal status, children and youth, illegal adoption, human trafficking, exploitation.
Bibliographic list of articles
1. The situation in the world in the field of crime and criminal justice: Report of the UN Secretary-General // Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders. Vienna, 10-17 April 2000 A/CONF. 187/5.
2. Nechevin D.K. International law and the new international order // Eurasian Legal Journal. 2020. No. 3. P. 31-35.
3. Nigmatullin R.V., Bisyarina A.N. International legal and criminal legal aspects of combating child trafficking: history and development trends // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2017. No. 4 (40).
4. The United Nations Office on Drugs and Crime report on human trafficking exposes a modern form of slavery. [Electronic resource]. – Access mode: https://www.unodc.org/unodc/en/human-trafficking/global-report-on-trafficking-in-persons.html (access date: 01/10/2024).
5. Junjun Zhou, Gang Li, Jiaobei Wang, Tingting Xu, Qifan Nie, Xing Gao, Annan Jin Exploring variations and influencing factors of illegal adoption: A comparison between child trafficking and informal adoption // Child Abuse & Neglect. 2023. 140.
6. Kartashkin V. A. Humanitarian component of a comprehensive system of international security // Soviet Yearbook of International Law. 1987. Publishing house “Science”. M., 1988.
7. United Nations Convention against Transnational Organized Crime and its Protocols. United Nations. New York, 2002.
8. Combating human trafficking and protecting victims of human trafficking. HELP course. M.: Statute, 2018. 240 pp.
9. Linde O.A. Humanity at a crossroads: images of the future / International law and the national interests of the Russian Federation = International law and the National Interests of the Russian Federation / Diplomat. acad. Ministry of Foreign Affairs of Russia, department international law, department international private law resp. ed. A. A. Kovalev, B. L. Zimnenko. – M.: East – West, 2008.
10. Almost a third of trafficking victims are children: Report of the United Nations Office on Drugs and Crime. [Electronic resource]. – Access mode: https://www.unodc.org/unodc/ru/frontpage/2016/December/almost-a-third-of-trafficking-victims-are-children_-unodc-report.html (access date – 10.01 .2023).
11. Convention regarding slavery of 1953 // Collection of existing treaties, agreements and conventions concluded by the USSR. Vol. XVII and XVIII. M., 1960.
12. Convention for the Suppression of Trafficking in Persons and the Exploitation of Prostitution by Third Parties, 1949 // Collection of current treaties, agreements and conventions concluded by the USSR with foreign states. Vol. XVI. M., 1957. pp. 280-290.
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INTERNATIONAL LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
GRISHKOVA Mariya Vyacheslavovna
student of the 3rd course of the Faculty of International Relations, specialty “Legal foundations of the organization of foreign policy activities” of the Diplomatic Academy of the MIA of Russia
LEGAL REGULATION OF HUMAN CLONING IN THE NATIONAL LEGISLATION OF LATIN AMERICAN COUNTRIES
The article highlights the issue of legal regulation of human cloning in the national legislation of Latin American countries. The authors analyze international treaties in the field of protection of fundamental human rights and freedoms, devoted to the legal issues of cloning of human beings at the universal and regional levels; reveal the content of the concept “beginning of life” and the legal status of the “embryo”. The study addresses ethical, religious and legal issues. The article emphasizes that the national legislation of Latin American countries prohibits human cloning.
Keywords: legal regulation of human cloning, reproductive cloning, therapeutic cloning, human rights, right to life, child rights, somatic rights, Universal Declaration of Human Rights, American Declaration of the Rights and Duties of Man.
Bibliographic list of articles
1. Midlovets M.V., Samadinov M. Current ethical and legal issues of cloning // Russia and the world community: economic, social, technical and technological development: collection. scientific tr. based on materials from the I International Multidisciplinary Forum (03/15/2017) – M.: NOO “Professional Science”, 2017. – P. 282-284.
2. Gromov V. G., Yaroshchuk A. V. The problem of human cloning: legal and moral and ethical aspects // Fundamentals of Economics, Management and Law. – 2020. – No. 6 (25). – P. 60.
3. Abashidze A. Kh., Gulyaeva E. E., Trikoz E. N. Technique and practice of international rule-making: challenges and solutions (review of materials of the International ESIL Conference) // Bulletin of RUDN University, Series Legal Sciences. – 2022. – Volume 26. – No. 2.
4. Isasi R. M., Knoppers B. M., Singer P. A., & Daar A. S. Legal and Ethical Approaches to Stem Cell and Cloning Research: A Comparative Analysis of Policies in Latin America, Asia, and Africa. // The Journal of Law, Medicine & Ethics. – 2004. – No. 32 (4). – R. 626-640.
5. Lavrik M. A. On the theory of somatic human rights // Siberian Legal Bulletin. – 2005. – No. 3. – P. 24-25.
6. Pikurov N.I. Private life and criminal law: searching for a balance of interests of the state and the individual: monograph. – M.: Jurayt. 2021. – P. 127.
7. Kovler A.I. Anthropology of Law. – M., 2002.
8. Gulyaeva E. E. Legal grounds for restricting the right to freedom and personal security under the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. – Moscow: Yurlitinform, 2013. – 208 p.
9. Trikoz E. N., Gulyaeva E. E. Positions of the ECtHR on some issues of bioethics and genetic data // Advances in Law Studies. – 2018. – T. 6. – No. 4. – P. 36-40.
10. Kokambo Yu. D. Somatic human rights as a new generation of individual rights // Bulletin of the Amur State University. Series: Humanities. – 2015. – No. 68.
11. Kruss V.I. Personal (“somatic”) human rights in the constitutional and philosophical-legal dimensions: towards the formulation of the problem // State and Law. – M.: Nauka, 2000. – No. 10. – P. 43-50.
12. Semenova N. S. Ban on abortion in the light of the protection of traditional values: international legal aspect // Gaps in Russian legislation. – 2016. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zapret-na-aborty-v-svete-zaschity-traditsionnyh-tsennostey-mezhdunarodno-pravovoy-aspekt.
13. Cossio J. R. Derecho y Bioética // Perspectivas de Bioética / Ed. by J. González Valenzuela. – Mexico: University Nacional Autónoma de Mexico, 2013. – P. 302-303
14. Denisenko Vladislav V., Trikoz Elena N. Biopolitics and Law Issues of Emergency Situations in the Context of Coronavirus Pandemia // E3S Web of Conferences. – 2020.- Vol. 180. – R. 1-9.
15. Alvarez-Díaz, J.A. Bioética latinoamericana o bioética en Latinoamérica [Latin American bioethics or bioethics in Latin America?] // Revista Latinoamericana de Bioética (1). – 2012. – P. 10-27.
16. Bulle Goyri V. M. Bioética, Derecho y Derechos Humanos // Perspectivas de Bioética. – Mexico, 2013.
17. Volnei Garrafa, Thiago Rocha da Cunha, Camilo Manchola. Access to Healthcare: A Central Question within Brazilian Bioethics // Cambridge Quarterly of Healthcare Ethics. – 2018. – Vol. 27 (03). – P. 431-439.
INTERNATIONAL LAW
DELEGEOZ Elena Gennadjevna
Ph.D. in historical sciences, associate professor of Constitutional and administrative law sub-faculty of the St. Petersburg State University of Economics
TERRITORIES IN INTERNATIONAL LAW
The article analyzes the concept, the essence of the territory of the state, its significance for the existence of the state, the dynamics of the development of the concept of the territory of the state, the problem of deterritorialization. It is established that in order to qualify as a territory, the object over which sovereignty is claimed must be “natural” (i.e. it arose naturally, and not created or modified by humans). It is revealed that one of the main arguments in favor of deterritorialization are technological progress, especially information and communication technologies, and globalization. It is concluded that it is necessary to discuss the final form of development of the concept of territory, which is not completely based on physical space, i.e. the concept of territory needs to be expanded. The article may be useful to research scientists, including for further comprehensive scientific development of this problem, as well as in educational activities in the preparation of scientific and scientific-pedagogical personnel, in academic work with law students.
Keywords: territory, state, sovereignty, jurisdiction, international law, power, deterritorialization, reterritorialization.
Bibliographic list of articles
1. Baburin S.N. World of Empires: territory of the state and world order. M., 2010.
2. Burkett P. Marx and Nature. New York: St Martin’s Press, 1999.
3. Crawford J. The creation of states in international law. 2nd ed. Oxford: Oxford University Press, 2006.
4. Dorsett S. and McVeigh S. Jurisdiction. Abingdon: Routledge, 2012.
5. Ford R. Law’s Territory // A History of Jurisdiction. 1999.
6. Gilley B. The Meaning and Measure of State Legitimacy: Result for 72 Countries // European Journal of Political Research. 2009.
7. Hill N. Claims to Territory in International Law and Relations. Oxford: Oxford University Press, 1945.
8. Jennings R. Y. The Acquisition of Territory in International Law. Manchester: Manchester University Press, 1963.
9. Jennings R. and Watts A. (eds.). Oppenheim’s international law. 9th edn. Vol. I. Oxford: Oxford University Press, 2008.
10. Island of Palmas Case (Netherlands v USA) (1928) II RIAA 829; ICGJ 392, Permanent Court of Arbitration.
11. Kelsen H. The pure theory of law and analytical jurisprudence // Harvard Law Review. 1941.
12. Lauterpacht H. Private law sources and analogies of international law (with Special Reference to International Arbitration). New York: Longmans, Green and Co, 1927.
13. Maritime Delimitation in the Caribbean Sea and the Pacific Ocean (Costa Rica v. Nicaragua) (Judgement) [2018] ICJ Rep.
14. Maritime Dispute (Peru v Chile) (Judgement) [2014] ICJ Rep 4.
15. Philippines v China (South China Sea Arbitration) (2016) PCA Case No 2013-19; ICGJ 495, Permanent Court of Arbitration.
16. Pospecu G. Deterritorialization and Reterritorialization. In Barney Wharf (Ed.) // Encyclopedia of Geography. SAGE Knowledge, 2010.
17. Re Duchy of Sealand. 80 International Law Reports, 683-685 (Administrative Court of Cologne, 1978).
18. Schmidt C. The concept of nature in Marx. London: Verso, 2014.
19. Schmitt C. The Nomos of the Earth in the International Law of Jus Publicum Europaeum, G. L. Ulmen (trans.). New York: Telos Press Publishing, 2006.
20. Shaw M. Peoples, territorialism and boundaries // European Journal of International Law. 1997. No. 3.
21. Shaw M. Title to territory in Africa. Oxford: Clarendon Press, 1986.
22. Siltz A. (2009). Why Do States have Territorial Rights? International Theory 1.
23. Vidas D. Sea-Level Rise and International Law: At the Convergence of Two Epochs, 2014.
INTERNATIONAL LAW
KRIKUNOVA Sofya Sergeevna
postgraduate student of the 3rd course of the M. M. Speransky Law Faculty of International and integration law sub-faculty of the Institute ofLaw and National Security of the Russian Presidential Academy of National Economy and Public Administration
INTERNATIONAL LEGAL MECHANISMS FOR THE PROTECTION OF INFORMATION HUMAN RIGHTS WITHIN THE FRAMEWORK OF THE AFRICAN UNION: THREATS, REALITIES AND PROSPECTS
Currently, we all live in an information society, our lives are inextricably linked with the daily use of information and telecommunications technologies, which undoubtedly makes life easier for almost any person on Earth. Together with the emergence and introduction of innovative technologies in various spheres of society, there is a need to create effective mechanisms to ensure supervision of the use and dissemination of such technologies. In this regard, a large share of responsibility falls on the States that are responsible for the development and adoption of documents on the protection of human rights in the information space.
Having conducted a study devoted to the analysis of the regulatory regulation of issues related to the protection of information human rights within the framework of the African Union, the author of the article concludes that currently most African States are characterized by a transition from a poorly developed degree of protection of human rights on the Internet to a more serious consolidation of them and the emergence of appropriate safeguards mechanisms respect for human information rights. The article focuses on the need to modernize regional mechanisms for the protection of information human rights in the countries of the African Union and the continuous improvement of such mechanisms, points out the existing gaps in the field of legal regulation of the protection of information human rights , suggests ways to solve a certain list of problems specific to African states.
The author of the article gives recommendations, following which will contribute to strengthening the protection of information human rights on the African continent. Their application within the framework of the African Union will make it possible to increase the effectiveness of monitoring new challenges and threats to information human rights, as well as help reduce the number of violations of such rights, neutralize current risks, and prevent future violations.
Keywords: international protection of human rights in the digital age; human information rights in the legal system of African states; implementation of international guarantees for the protection of human rights in the information space in African countries; international legal regulation of aspects of human rights protection in the context of the development of information and telecommunication technologies; respect for human rights in the information environment; ensuring the protection of information rights human rights within the framework of the African Union.
Bibliographic list of articles
1. African Declaration on Internet Rights and Freedoms. (2013): official text. [Electronic resource]. — Access mode: https://africaninternetrights.org/download (access date: 01/29/2024).
2. African Union Convention on Cyber Security and Personal Data Protection. (2014): official text. [Electronic resource]. — Access mode: https://au.int/en/treaties/african-union-convention-cyber-security-and-personal-data-protection (access date: 01/29/2024).
3. African Commission on Human and Peoples’ Rights. Final Communiqué of the 68th Ordinary Session of the African Commission on Human and Peoples’ Rights from 14 April to 4 May 2021. [Electronic resource]. — Access mode: https://achpr.au.int/en/news/final-communiques/2021-12-05/final-communique-68th-ordinary-session-african-commission-huma (access date: 01/29/2024 ).
4. Association for progressive communications. Digital rights featured prominently at African Commission on Human and Peoples’ Rights 68th session published on May 19, 2021. [Electronic resource]. — Access mode: https://www.apc.org/en/news/digital-rights-featured-prominently-african-commission-human-and-peoples-rights-68th-session (access date: 01/29/2024).
INTERNATIONAL LAW
NUTSALHANOV Gamzat Nutsalhanovich
Ph.D. in Law, associate professor Head of State and legal disciplines sub-faculty of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE CONTENT OF THE NUCLEAR-FREE ZONE TREATY IN THE SOUTH PACIFIC
The subject of this article is the content of the Treaty on a Nuclear-Free Zone in the South Pacific, its shortcomings. The author examines the evolution of the attitude of the countries of the region to this agreement. In addition, the article analyzes the reasons for the successful formation of a nuclear-free zone in this region. The task of writing this article is a comprehensive study of the obligations under the Rarotonga Agreement. The research methodology is based on a historical approach and a formal legal analysis of the provisions of the Contract. The author comes to the conclusion about the significant role of the Tlatelolco Treaty in the process of promoting the idea of the NWFZ, which has already covered more than a hundred countries of the world. Despite the ambiguity of certain provisions of the Treaty, it continues to fulfill its main function of limiting the horizontal proliferation of nuclear weapons. In addition, it served as an example for the creation of other nuclear-weapon-free zones.
Keywords: nuclear weapons-free zone, disarmament, Treaty of Rarotonga, nuclear weapons.
Bibliographic list of articles
1. Treaty on a nuclear-weapon-free zone in the South Pacific. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1902048 (access date: 12/29/2023).
2. 16th South Pacific Forum, Summary Record, SPEC (85) ref., August 1985.
3. Keith-Reid R. A small step for Mankind // Island Business. – September, 1985. – P. 10.
4. Stinson H and Cochrane J/ The Movement for Regional Arms Control in Latin America // Journal of Inter-American Studies and World Affairs, January 1971. – Vol. XIII, No.1; University of Miami Press, Florida.
5. Robie D. Nuclear debate to the fore again // The Fijian Times. – July 4. 1986. – P. 7.
6. Mediansky F.A. Nuclear Free Security in the South-West Pacific, Australian Outlook // The Australian Journal of International Affairs. – August, 1985. – Vol. 39. – No. 2.
7. Van Dyke, Smith and Siwatibau. Nuclear Activities and the Pacific Islanders, East-West Environment and Policy Institute. – Reprint no. 77. – Pergamon Press Ltd, 1984.
8. Working Group on a Nuclear Free Zone in the Region, Fourth Meeting, Informal Summary Record, SPEC (85) 14, May 1985.
9. Johnson G. Collision course at Kwajalein; Marshall Islanders in the shadow of the bomb, Pacific Concerns Resource Center. – Honolulu, 1984.
10. Thakur R. A Nuclear-Weapon Free South Pacific: A New Zealand Perspective, Pacific Affairs // An International Review of Asia and the Pacific. – Vol. 58. – Summer of 1985. – R. 217.
11. Fry G. A Nuclear-Free Zone for the Southwest Pacific // Prospects and Significance, Working Paper No. 75. – National Library of Australia. – Canberra, September 1985. – P. 25.
INTERNATIONAL LAW
RASTRELIN Viktor Evgenоevich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship university of Russia
PARTICULAR ASPECTS OF THE PROTECTION OF THE RIGHTS OF MIGRANTS AT THE UNIVERSAL LEVEL
The article explores issues related to the institution of promotion and protection of migrants’ rights in the context of the system of human rights protection at the universal level. The peculiarity of migrants’ rights lies in the fact that the obligations of states to comply with them may be extraterritorial in nature. It is noted that migrants have all human rights, but due to their vulnerable status, they should be provided with additional guarantees. Discrimination against migrants, which is prohibited under international law, is widespread, which factors in the number of cases of arbitrary restriction and violation of human rights in the area of migration. The conclusion is that the norms in the field of protection of migrants’ rights are fragmentary and need further specification.
Keywords: international migration, human rights, International Organization for Migration, international law, international legal regulation of migration.
Bibliographic list of articles
1. Belousova A. A. The right to health in modern international law: dis. …cand. legal Sciences: 12.00.10. – Moscow, 2015. – 199 p.
2. Dutov P. O. Constitutional and legal regulation of external labor migration: dis. …cand. legal Sciences 12.00.02. – Moscow, 2022. – 241 p.
3. Kiseleva E. V., Kazhaeva O. S. Human rights approach to migration and the Millennium Development Goals // Russian Legal Journal. – 2015. – No. 6. – P. 131-141.
4. Kiseleva E. V. International legal regulation of migration: a textbook for universities. – 3rd ed., rev. and additional – Moscow: Yurayt Publishing House, 2023. – 241 p.
5. Kurakina Yu. V. Human rights and civil rights: on the issue of extraterritoriality of phenomena // Bulletin of the Moscow State Pedagogical University. Series: Legal sciences. – 2012. – No. 2(10). – pp. 16-24.
6. Markova E. Yu. International protection of the rights of environmental migrants: the activities of bodies, programs and agencies of the UN system // Bulletin of the University named after O. E. Kutafin (MSAL). – 2020. – No. 12(76). – pp. 150-158.
7. Marshin P. L. Grounds for the emergence of extraterritorial obligations of states in oarea of human rights. International relations: history, theory, practice: materials X scientific-practical. conf. young scientists faculty. international Belarusian relations. state University, Minsk, February 5. 2020 / Belarus. state University; Editorial Board: V. G. Shadursky (chief editor) [and others]. – Minsk: BSU, 2020. – pp. 99-105.
8. Savryga K. P. Extraterritorial application of international treaties in the field of human rights (using the example of the right to life) // Law. Journal of the Higher School of Economics. – 2015. – No. 3. – P. 18-26.
9. Terentyeva L. V. Extraterritorial manifestation of the state’s jurisdiction in the conditions of transformation of the perception of its spatial boundaries // Law. Journal of the Higher School of Economics. – 2019. – No. 3. – P. 160-180.
10. Chesnokov A. S. International regulation of the rights of migrants // International processes. – 2010. – T. 8. – No. 1. – P. 89-97.
11. Janig P. Extraterritorial Application of Human Rights // Elgar Encyclopedia of Human Rights. – 2021. – T. 2. – P. 180-191.
12. Macioce F. The Vulnerable Groups and Their Legal Value // The Politics of Vulnerable Groups: Implications for Philosophy, Law, and Political Theory. – Cham: Springer International Publishing, 2022. – pp. 31-59.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor, senior researcher of General theoretical legal disciplines sub-faculty of the North-Western Branch of the Russian State University of Justice
PROSPECTS FOR THE CONSIDERATION OF TECHNOLOGICAL DISPUTES BY THE COURT OF THE EURASIAN ECONOMIC UNION
The purpose of the research undertaken in the article is to identify categories of technology-related disputes that can potentially be considered by the EAEU Court. Methods of analysis and synthesis, formal-logical and problem-theoretical methods were used in the study. As a result of the study, it was revealed that technology-related disputes for the consideration by the EAEU Court are limited to two areas: ensuring the functioning of the single market of services in certain sectors; the application of general principles and rules of competition in the territories of the member states. The EAEU Court did not consider disputes in the field of intellectual property, since the EAEU has not formed its own system of intellectual property protection.
Keywords: judge, court, justice, Court of the Eurasian Economic Union, information and communication systems, technology-related dispute, EAEU law, service sectors, general principles and rules of competition, intellectual property.
Bibliographic list of articles
1. Agalarov V.K. Domain disputes: causes, participants and methods of resolution // Trends in the development of science and education. – 2019. – No. 53-2. – pp. 20-22.
2. Ananyeva M.K., Malko E.A. The Court of the Eurasian Economic Union in the implementation of legal policy // Legal Science. – 2018. – No. 3. – P. 19-23.
3. Baishev Zh. N. Court of the Eurasian Economic Union: problems of functioning // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2019. – T. 14. – No. 1. – P. 57-75.
4. Belousov A.V. Blast furnace disputes in Russia. Commentary on the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 11, 2008 No. 5560/08 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2009. – No. 2. – P. 145-155.
5. Vatyl V. N., Vatyl N. V. Court of the Eurasian Economic Union: supranational level of legal regulation // Bulletin of the Grodno State University named after Yanka Kupala. Series 4. Jurisprudence. – 2020. – T. 10. – No. 3. – P. 130-137.
6. Danilenkov A. International domain disputes in the mirror of the Russian legal system // Economy and Law. – 2013. – No. 3 (434). – pp. 46-63.
7. Dorotenko D. A. Such different domain disputes. on compensation // Bulletin of Economic Justice of the Russian Federation. – 2019. – No. 10. – P. 192-206.
8. Egorova M. Domain disputes: correct formulation of claims // Intellectual property. Copyright and related rights. – 2011. – No. 11. – P. 14-21.
9. Iskakova Zh. T., Karabaev F. Zh. The Court of the Eurasian Economic Union in the formation of the legal system of the integration association // International Scientific Review. – 2017. – No. 2 (33). – pp. 58-60.
10. Kirin A. A. The Court of the Eurasian Economic Union in the system of supranational bodies // Eurasian Union of Scientists. – 2015. – No. 4-9 (13). – pp. 69-72.
11. Neshataeva T. N. The Court of the Eurasian Economic Union: from the legal position to the current law // International justice. – 2017. – No. 2 (22). – pp. 64-79.
12. Neshataeva T. N. Uniform law enforcement is the goal of the Eurasian Court // Russian justice. – 2016. – No. 11 (127). – pp. 5-17.
13. Protazanova A.V. Court of the Eurasian Economic Union (EAEU): legal status and judicial practice in relation to legal and physicalpersons // Russian science in the conditions of reforms: the practical result of innovative transformations. Collection of scientific articles. – Tyumen, 2017. – pp. 66-71.
14. Razbegaev P.V. Domain disputes: problems of execution of a court decision // Copyright. Bulletin of the Russian Academy of Intellectual Property and the Russian Copyright Society. – 2017. – No. 4. – P. 77-86.
15. Rozhkova M. A., Afanasyev D. V. Domain disputes: selected aspects // Law in the Internet. Digest of articles. Ser. “Analysis of modern law” / Rep. ed. M. A. Rozhkova. – M.: Publishing house “Statut”, 2018. – P. 224-245.
16. Savenkov A. N., Chaika K. L., Dyachenko E. B., Entin K. V. The Court of the Eurasian Economic Union and the formation of EAEU law. – M., Prospekt, 2021. – 352 pp.
17. Fastovich G. G., Furzikova A. I., Obvintseva E. E., Surman A. E. Domain disputes // Alley of Science. – 2019. – T. 1. No. 4 (31). – pp. 159-165.
18. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
19. Big Data in Context Legal, Social and Technological Insights / Ed. by Thomas Hoeren, Barbara Kolany. – London: Springer, 2018. – 120 p.
20. Burri M. Big Data and Global Trade Law. – Cambridge: Cambridge University Press, 2021. – 376 p.
21. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
22. Compagnucci M. C. Big Data, Databases and “Ownership” Rights in the Cloud. – London: Springer, 2020. – 308 p.
23. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
24. Murray A. Information Technology Law: the law and society. – Oxford: Oxford university press, 2010. – 596 p.
25. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
26. Rowland D., Macdonald E. Information technology law. 3rd ed. – Abingdon: Cavendish Publishing Ltd., 2005. – 573 p.
27. Shaw T. J. Information and Internet Law: Global Practice. – Cratespace Independent Publishing Platform, 2016. – 454 p.
INTERNATIONAL LAW
TAKSIDI Mariya Alexandrovna
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
KHATKOVA Marina Ramazanovna
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
PROSPECTS FOR THE LIBERALIZATION OF CONFLICT OF LAWS REGULATION OF PROPERTY RELATIONS IN RUSSIAN LEGISLATION
An analysis of the trends in the development of conflict of laws regulation of property relations at the national legal and international legal levels, as well as the patterns of formation of the scope of application of the conflict of laws link “the law of the country where the thing is located” and its modifications, with the help of which the property statute is determined, showed that today a trend is emerging of liberalization of conflict of laws regulation of property rights.
Keywords: conflict of laws rule, liberalization, property rights, international treaty, systematization of law.
Bibliographic list of articles
1. Glinshchikova T.V., Vinogradov D.A. Development of international legal regulation of maritime carrier liability // Problems of economics and legal practice. – 2021. – T. 17. – No. 3.
2. International private law: textbook: in 2 volumes / E. A. Abrosimova, A. V. Asoskov, A. V. Bankovsky and others; resp. ed. S. N. Lebedev, E. V. Kabatova. – M.: Statute, 2015. – T. 2: Special part.
INTERNATIONAL LAW
SOLOVYOVA Anna Sergeevna
adjunct of Human rights and international law sub-faculty of the Faculty of Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ISSUE OF THE SPECIFICS OF THE IMPACT OF THE POSITIONS OF THE UN HUMAN RIGHTS COMMITTEE ON THE LAW ENFORCEMENT PRACTICE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AND THE SUPREME COURT OF THE RUSSIAN FEDERATION ON CERTAIN ASPECTS OF THE RIGHT TO A FAIR TRIAL
The article analyzes certain aspects concerning the right to a fair trial in the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation related to the resumption of criminalproceedings due to new circumstances, taking into account the legal positions of the UN Human Rights Committee. The nature of the legal impact of the acts of the UN Human Rights Committee on these issues on the law enforcement practice of the Russian Federation is determined.
Keywords: human rights, human rights protection, fair trial, criminal proceedings, UN Human Rights Committee, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation
Bibliographic list of articles
1. International Covenant on Civil and Political Rights. Adopted by resolution 2200 A (XXI) of the UN General Assembly of December 16, 1966 // Official website of the UN. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml (accessed January 25, 2024).
2. UN Human Rights Committee. General Comment No. 33. CCPR/C/GC/33 (25 June 2009). § 11. [Electronic resource]. – Access mode: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2FGC%2F33&Lang=ru (access date 01/30/2024).
3. Determination of the Constitutional Court of the Russian Federation dated June 28, 2012 No. 1248-O “On the complaint of citizen Andrey Anatolyevich Khoroshenko about the violation of his constitutional rights by paragraph 5 of Article 403, part four of Article 413 and parts one and five of Article 415 of the Criminal Procedure Code of the Russian Federation” . [Electronic resource]. – Access mode: http://doc.ksrf.ru/decision/KSRFDecision105554.pdf (access date 01/30/2024).
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 14, 2021 No. 43 “On the application by courts of the norms of Chapter 49 of the Criminal Procedure Code of the Russian Federation governing the resumption of criminal proceedings due to new or newly discovered circumstances based on the conclusion of the prosecutor.” [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/30614/ (date of access: 01/30/2024).
5. Konnov V. A. On the issue of the prospects for the participation of the Russian Federation in international treaty mechanisms for the protection of human rights // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot. 2022. No. 6. P. 144-147.
6. Kosolapov M. F. The influence of considerations (opinions) of human rights committees on Russian legislation and law enforcement practice // Bulletin of the SSLA. 2022. No. 5 (148). pp. 92-100.
7. Solovyova A. S. Regulation of the human right to a fair trial in the norms of international law and domestic acts of individual countries (comparative legal analysis) // Law and Politics. 2023. No. 3. P. 57-70.
INTERNATIONAL PRIVATE LAW
LOPATKO Arina Dmitrievna
student of the 4th course bachelor’s degree of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
MORDOVTSEVA Mariya Maximovna
student of the 4th course bachelor’s degree of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of Private and business law sub-faculty of the I. T. Trubilin Kuban State Agricultural University
INTERNATIONAL LEGAL REGULATION OF CROSS-BORDER RELATIONS IN THE FIELD OF SOCIAL SECURITY
The scientific article considers the international legal regulation of cross-border relations in the field of social security as the right to social health care, pension provision and protection, medical care, is recognized as a fundamental basis for the fundamental provisions and implementation of the basic rights and freedom of each person. International legal regulation is implemented through various international agreements and conventions. These documents provide a legal basis for cooperation between states in the field of social security and protection of the rights of citizens outside their country.
Keywords: international legal regulation, social security, cross-border relations.
Bibliographic list of articles
1. Glinshchikova T.V., Vinogradov D.A. Development of international legal regulation of maritime carrier liability // Problems of economics and legal practice. – 2021. – T. 17. – No. 3.
2. Current problems of labor law. Textbook for masters / Ed. N. L. Lyutova. – M.: Prospekt, 2017.
THEORY OF STATE AND LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
THE RATIO OF CRIME AND MISCONDUCT: THEORETICAL AND LEGAL ASPECT
The article analyzes the concepts of crime and misconduct, set forth both in works on the general theory of law and in sectoral legislation. It is noted that the concept of crime has been one of the most controversial and debated legal categories for a long time. Attention is paid to some controversial issues in the definition of the concept of crime and its separation from misconduct. In conclusion, the essential differences of the crime are formulated, which make it possible to distinguish the crime from related legal categories, including misconduct.
Keywords: theory of law, crime, misconduct, illegality, punishability, harm.
Bibliographic list of articles
1. Kornakova S.V., Zavgorodneva E.V. Composition of the crime and the subject of proof: to the discussion about the relationship of concepts // All-Russian Criminological Journal. – 2021. – T. 15. No. 4. – P. 495-501.
2. Martsev A.I. General questions of the doctrine of crime. – Omsk, 2000. – 135 p.
3. Epifanova E. V. Crime as a legal category in science and legislation of Russia: history of development and features of the current state: monograph / Ed. V. V. Momotova. – M.: Yurlitiform, 2013. – 397 p.
4. Soktoev 3. B. On the concept of crime, criminal offense and criminal act // Judge. – 2016. – No. 6. – P. 37-40.
5. Paliy V.V. Crime and misdemeanor: problems of correlation // Lex Russica (Russian law). – 2017. – No. 7 (128). – pp. 112-124.
6. Smirnov A. M. On the definition of the concept of “crime” in the criminal code of the Russian Federation // All-Russian Criminological Journal. – 2018. – T. 12. No. 3. – P. 417–423.
7. Baleeva E. L., Epifantseva T. Yu. [etc.] Jurisprudence: textbook. allowance / Under general ed. S. V. Kornakova, E. V. Chigrina. – Irkutsk, 2011. – 453 p.
8. Ivanova Zh. V. Compensation for moral harm in criminal proceedings // News of the Irkutsk State Economic Academy. – 2006. – No. 6. – P. 118-121.
9. Rozhnov A.P. Does Russian law need a category of public danger? // Legal Concept. – 2017. – T. 16. No. 3. – P. 38-42.
10. Kornakova S. V. On the issue of the principle of justice in Russian law // Questions of jurisprudence. – 2012. – No. 4 (16). – pp. 81-87.
11. Kornakova S.V. Signs of a crime or signs of a crime should be the basis for initiating a criminal case? // Legal science and law enforcement practice. – 2022. – No. 3 (61). – pp. 48-56.
12. Certificate on the results of generalization of judicial practice of application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (insignificant act). – [Electronic resource]. – Access mode: http://oblsud.irk.sudrf.ru/modules.php?name=docum_sud&id=431 (date of access: 01/27/2024).
13. Theory of State and Law: Textbook / Ed. M. N. Marchenko. – M.: Prospekt, 2018. – 636 p.
THEORY OF STATE AND LAW
GOGURCHUNOVA Zukhra Daudovna
magister student of the 2nd year of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
MAGDILOV Mazhid Magdievich
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
ATTORNEY-CLIENT PRIVILEGE: PROBLEMS OF THEORY AND PRACTICE
The scientific article explores the actual aspects of attorney-client privilege in the context of the modern legal system. The authors analyze the theoretical foundations of attorney-client privilege, highlighting the key problems associated with its definition and scope. Particular attention is paid to the practical aspects of attorney-client privilege, including its role in ensuring justice and law and order. The article also examines the issues of confidentiality and professional ethics of lawyers. The study provides valuable recommendations and conclusions to improve the understanding and application of attorney-client privilege in modern legal practice.
Keywords: lawyer, attorney-client privilege, ethics, responsibility, principal, professional ethics.
Bibliographic list of articles
1. Bogdanovskaya V. A. The constitutional and legal aspect of the protection of professional secrecy of lawyers and representatives and some problems of implementation // Current problems of the theory and practice of constitutional proceedings. – 2020. – No. 15. – P. 64-71.
2. Kryukova Yu. A. Problems of maintaining attorney-client privilege // Forum of young scientists. – 2020. – No. 7 (47). – pp. 152-159.
3. Kunitsyna O. V. Problems of maintaining attorney-client privilege in the constitutional and legal space of ensuring and protecting human and citizen rights // Human rights: history, theory, practice. – Kursk: Closed Joint Stock Company “University Book”, 2022. – P. 178-182.
4. Litvintseva N. Yu., Saribekyan A. V. Advocate privilege and criminal procedure law: limits of interference // Siberian criminal procedural and forensic readings. – 2019. – No. 4 (26). – pp. 128-136.
5. ConvulsionsGina E.V. Advocate privilege as a problem of moral regulation of the activities of a lawyer in Russia // Alley of Science. – 2019. – T. 1. No. 1 (28). – pp. 49-54.
THEORY OF STATE AND LAW
JAFAROV Ilyas Khikmet ogly
philosophy doctor in Law, lecturer of Theory and history state and law sub-faculty of the Faculty of Law of the Baku State University
ELEMENTS OF LEGAL NIHILISM AND THEIR ELIMINATION
The article states that legal nihilism manifests itself as individual, collective and mass legal nihilism, depending on the degree of neglect of legal norms by legal subjects in society. It is shown that based on the actions of legal subjects, it is possible to draw conclusions about the existence and consequences of legal nihilism. So, it can be active and passive, deliberate and spontaneous depending on the situation.
Keywords: nihilism, law, ideology, psychological structure.
Bibliographic list of articles
1. Aslomov A. G. “Activity and attitude. – M.: MSU, 1979. – P. 151.
2. Bondarev A. S. “Legal nihilism is a form of legal anti-culture of the individual // Legal sciences. Bulletin of Perm University. – 2011. – pp. 21-43.
3. Kuliyev E. The role of NGOs in the formation of civil society in Azerbaijan. Collection of analytical articles. – 2004. – Backus. – P. 21-30.
4. Semenov V. E. “Problems of provost nihilism” // Black holes in Russian legislation. – 2008. – No. 3. – P. 258-260.
5. Shchegortsov V. A. “Sociology of legal consciousness.” – M.: Mysl, 2011. – P. 174.
6. Shcherbakova N. In “Legal attitude and social activity of the individual.” – M.: Legal literature, 1986. – P. 125.
THEORY OF STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher at the Tobolsk Complex Scientific Station of the Ural Branch of the Russian Academy of Sciences, professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE ROLE OF LAWYERS IN THE DEVELOPMENT OF A NETWORK OF SETTLEMENTS IN WESTERN SIBERIA: THE CASE OF KAINSK
The article is devoted to the characteristics of the corpus of documentary materials of the Tomsk Provincial Administration Fund as part of the State Archive of the Tomsk region. The role of personalities in the formation and development of a network of settlements in the Trans-Ural region is studied and established. This article is the next in a series of analytical materials that we have prepared to cover the activities of state bodies of the Russian Empire in the context of regulating state-confessional relations in the Siberian region.
Keywords: Siberia, Tomsk province, Tomsk provincial administration, settlements of Western Siberia, Kainsk, notary, Myagchillovich-Volsky.
Bibliographic list of articles
1. Adonyeva I. G. Discussions about local justice in Western Siberia in the second half of the 19th – early 20th centuries. in the context of the professional legal consciousness of lawyers in the region // Humanities in Siberia. – 2011. – No. 2. – P. 22-25.
2. Burmatov A. A. Demographic history of Kainsk – Kuibyshev and its surroundings. Novosibirsk: Novosibirsk State Publishing House. ped. University, 1997. – 162 p.
3. State Archive of the Tomsk Region (GATO). Fund 3: Tomsk provincial administration. – Op. 2. – D. 5283; Op. 41. – D. 663.
4. Krestyannikov E. A. Themis in Siberian: 700 miles of jelly to slurp // Rodina. – 2021. – No. 4. – pp. 122-125.
5. Nedzelyuk T. G. “Letters to the authorities”: reflection of migrants from Western and Eastern Siberia regarding state-confessional policy (second half of the 19th – first quarter of the 20th centuries) // Peoples and Religions of Eurasia. – 2021. – T. 26. – No. 3. – P. 174-183.
6. Tatarnikova A.I. Development of sociocultural infrastructure in rural settlements of the Tobolsk and Tomsk provinces at the beginning of the twentieth century: comparative analysis // Genesis: historical studies. – 2022. – No. 1. – P. 1-8.
7. Churkin M.K. “Resettlement business” in the second half of the 19th – early 20th centuries. as a sphere of intellectual reflection and communication of Russian authorities and society of the pre-Soviet period // News of Irkutsk State University. Series: History. – 2021. – T. 35. – P. 6-13.
THEORY OF STATE AND LAW
TOGOTIN Vladimir Vladimurovich
competitor, St. Peter’s general church postgraduate and doctoral studies Cyril and Methodius
THE SEAL OF CONFESSION AS A PROFESSIONAL SECRET
Тhe article attempts to analyze the concepts of the normative nature of the seal of confessession in the context of secular law, in the understanding of this phenomenon by the scientific community and civil society. The concepts of secrecy and professional secrecy are considered; the types of secrets existing in everyday life and enshrined in literature have been identified. Considerable attention is paid to the reflection of the concepts of secrecy and professional secrecy in the regulatory documents of Russian and world law and the interpretation of these concepts in legal science. It has been revealed that the seal of confession is a type of professional secret that arises in the process of professional activity of clergy and is protected by basic Russian laws. At the same time, the insufficiency of legislative regulation of the seal of confession as a professional secret is noted. Proposals are being made to supplement the Federal Law “On Freedom of Conscience and Religious Associations” and the Code of Administrative Offenses of the Russian Federation with provisions relating to the precise regulation of the secrecy of confession and guaranteeing legislative consolidation of legal guarantees for the protection of the regime of secrecy of confession. It is concluded that the right to confidentiality of confession is an important part of the right to private life, therefore legislative support for its application is mandatory in a modern state.
Keywords: professional secret, religious secret, seal of confession, legal institution, secular law, clergyman.
Bibliographic list of articles
1. Andreev K. M. Features of secrecy in the implementation of constitutional freedom of religion (Russian and foreign experience): dis. …cand. legal Sciences: 12.00.02. – M., 2015. – 228 p.
2. Voroshilin I. A. State policy in the sphere of protection of secrets (Russian experience): dis. …cand. watered Sciences: 23.00.02. – M., 2013. – 221 p.
3. Petrukhin I. L. Personal secrets (man and power). – M.: IGPAN, 1998. – 230 p.
4. Pilipenko Yu. S. Advocate privilege: theory and practice of implementation: dis. … doc. legal Sciences: 12.00.11. – M., 2009. – 409 p.
5. Smolkova I. V. The problem of secrets protected by law in criminal proceedings: dis. … doc. legal Sciences: 12.00.09. – Irkutsk, 1998. – 404 p.
6. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 02/04/2024).
7. Romanovsky G. B. Constitutional regulation of the right to privacy: dis. …cand. legal Sciences: 12.00.02. – St. Petersburg, 1997. – 188 p.
8. European Union Charter of Fundamental Rights. – [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=178141 (date of access: 02/04/2024).
9. Arnautova A. A. Means of increasing the effectiveness of normative legal acts // Bulletin of the O. E. Kutafin University. – 2018. – No. 4 (44). – pp. 188-193.
10. Kamalova G. G. Issues of systematization of limited access information. // Bulletin of the Udmurt University. Series “Economics and Law”. – 2016. – No. 2. – P. 103-109.
11. Fatyanov A. A. Legal support of information security in the Russian Federation: textbook. – M.: Lawyer, 2001. – 411 p.
12. Ogorodov D.V. Legal relations in the information sphere: dis. …cand. legal Sciences: 12.00.14. – M., 2002. – 243 p.
13. Efremova M. A. Criminal legal protection of information constituting commercial, banking and tax secrets // Bulletin of Perm University. Legal sciences. – 2015. – No. 1 (27). – pp. 124-132.
14. Criminal Procedure Code of the Russian Federation dated December 18, 2001 N 174-FZ (as amended on February 24, 2021). – [Electronic resource]. – Access mode: https://base.garant.ru/12125178/ (access date: 02/04/2024).
15. Universal Declaration of Human Rights (adopted by resolution 217 A (III) of the UN General Assembly on December 10, 1948). – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml (access date: 01/30/2024).
16. Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 04.11.1950) (as amended on 13.05.2004). – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1000003045 (date of access: 01/30/2024).
17. International Covenant on Civil and Political Rights (Adopted by General Assembly Resolution 2200 (XXI) of December 16, 1966). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_5531/ (access date: 02/04/2024).
18. On freedom of conscience and religious associations. Federal Law of September 26, 1997 No. 125-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_16218/ (access date: 02/04/2024).
19. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on 24.02.2021; with change and additional, intro. in force from 03/07/2021). – [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=462640 (date of access: 02/04/2024).
THEORY OF STATE AND LAW
TUGANBAEV Murat Amangeldievich
competitor of the Saint-Petersburg University of State Fire Service of EMERCOM of Russia, St. Petersburg
FEATURES OF THE LEGAL CONFLICT IN THE PRIVATE LAW SPHERE: THEORETICAL ASPECT
Within the framework of the presented article, the author analyzes the theoretical features of a legal conflict in the private law sphere. At the same time, an interdisciplinary method of cognition is used, including psychology and sociology. The main criteria for distinguishing a private law conflict from a civil dispute are considered. This distinction is based on the fact that conflict is a broader concept, and a civil dispute is part of such a conflict. It is noted that private law conflicts are a type of legal conflicts. The concept and signs of a private law conflict are given.
Keywords: conflictology, legal conflict, conflict in the private law sphere, confrontation, mediation.
Bibliographic list of articles
1. Baranov V. M., Khudoikina T. V. Theory of legal conflict: philosophical and sociological-legal aspects // Yurist-Pravoved. – 2000. – No. 1. – P. 22-28.
2. Dobrina O. V. Features of civil conflict as a separate type of legal dispute // School of young scientists on problems of the humanities: collection of materials of the All-Russian scientific conference, Yelets, November 15-16, 2018. – Yelets: Yelets State University named after. I. A. Bunina, 2018. – pp. 290-296.
3. Kuzbagarov A. N. Legal regulation of relations for the reconciliation of parties in private law conflicts // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2005. – No. 4 (28). – pp. 99-103.
4. Nikitina A. V. On the issue of a legal dispute as a type of legal conflict // Legal and socio-economic problems of modern Russia: theory and practice: collection of articles of the III International Scientific and Practical Conference, Penza, September 21-22, 2014 / Under Edited by N. B. Baranova, A. A. Grachev. – Penza: Penza State Agricultural Academy, 2014. – pp. 46-50.
5. Nemechkin V.N., Chichkina A.P. Legal dispute and legal conflict: problems of correlation // Sociosphere. – 2016. – No. 2. – P. 51-53.
6. Paraskevova S. A. On the definition of a legal conflict and approaches to understanding such a variety as a civil conflict // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2005. – No. 4 (28-2). – pp. 574-582.
7. Romashov R. A. Conflict and compromise as socio-legal forms of legal communication // Compromise in law: theory, practice, technology: Collection of articles based on the materials of the International Scientific and Practical Conference, Nizhny Novgorod, May 29–30, 2014. Volume 1. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, 2014. – P. 44-52.
8. Safronova T. N. Understanding the conflict from the point of view of psychology and law // Vestnik VGU. Series: Law. – 2021. – No. 1 (44). – pp. 334-342.
9. Filippova S. Yu. Conflict of subjects as a property of private law activity: experience of instrumental research // Bulletin of Moscow University. Episode 11. Law. – 2014. – No. 2. – P. 11-29.
10. Khudoikina T.V. Prospects for the development of alternative resolution of legal disputes and conflicts in the regions of the Russian Federation // Regionology. – 2005. – No. 4. – P. 61-70.
THEORY OF STATE AND LAW
SHARIFULIN Artem Arturovich
student of the 4th course of the Institute of the Prosecutor’s Office of the O. E. Kutafin Moscow State Law University (MSAL)
THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION: ABOUT SOME OF THE SPECIFICS OF THE LEGAL STATUS
The article is devoted to the debateable issues of the legal beginnings of the organization and activity of the prosecutor’s office in modern Russia. Based on the analysis of trends in the development of the domestic state apparatus, the features inherent in the Russian prosecutor’s office are formulated, which can serve as a basis for its further modernization in the system of state bodies of Russia.
Keywords: prosecutor’s office of the Russian Federation, synergetic method, state power, separation of powers, prosecutor’s supervision, control, control branch of state power, control power, subsidiary independence.
Bibliographic list of articles
1. Acts of prosecutorial response: textbook / T. I. Otcheskaya, S. Kh. Dzhioev, T. G. Voevodina [and others]. – M.: Prospekt, 2022. – 160 p.
2. Belyaev V. P. Control andsupervision as a form of legal activity: issues of theory and practice: Abstract of thesis. dis. … doc. legal Sci. – Saratov, 2006. – 55 p.
3. Vengerov A. B. Synergetics, legal science, law // Soviet state and law. – 1986. – No. 10. – P. 36-45.
4. Karpov N. N. On the issue of the legal status of the prosecutor’s office of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – P. 101-106. – DOI: https://doi.org/10.24412/2073-0454-2022-2-101-106.
5. Kirdyashova E. V. On the question of the possibility of using synergetics in the theory of state and law // Russian law on the Internet. – 2003. – No. 1.
6. Nadin A. N. The place and role of the prosecutor’s office in the system of state authorities of the Russian Federation // Questions of Russian justice. – 2020. – No. 6. – P. 93-105.
7. Nechevin D.K., Polyakov M.M. Administrative and legal forms and methods of combating corruption: a textbook for undergraduate students. – M.: Norma: INFRA-M, 2023. – 128 p.
8. Otcheskaya T. I., Zhukova P. D. Introduction to the specialty and professional ethics: textbook / Ed. T.I. Fatherly. – M.: Prospekt, 2023. – 112 p.
9. Prosecutor’s supervision: textbook and workshop for universities / A.F. Smirnov [and others]; edited by A. F. Smirnova, A. A. Usacheva. – 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2022. – 483 p.
10. Smirnov A.F. On the issue of the power of the prosecutor // Current problems of Russian law. – 2015. – No. 5. – P. 133-137.
11. Ulyanov A. Yu. Constitutionalization of the Prosecutor’s Office of the Russian Federation in the system of public power: Author’s abstract. dis. …cand. legal Sci. – Ekaterinburg, 2020. – 29 p.
12. Chirkin V. E. Public administration: an elementary course. – M.: Yurist, 2001. – 320 p.
13. Chirkin V. E. Control power: monograph. – M.: Yurist, 2008. – 214 p.
14. Sharifulin A. A. On the issue of transformation of the classical principle of separation of powers // Russian jurisprudence: tribune of a young scientist: collection. articles / replies ed. O. A. Andreeva. – Tomsk: Tomsk State University Publishing House, 2022. – Vol. 22. – pp. 20-21.
15. Sharifulin A. A. Control and supervision: on the issue of the relationship of concepts // Issues of Russian justice. – 2022. – No. 17. – P. 99-106.
16. Sharifulin A. A. The control branch of state power as a result of self-organization of the system of separation of powers // Ural Journal of Legal Research. – 2023. – No. 2. – P. 60-64. – DOI: 10.34076/2658_512X_2023_2_60.
17. Sharifulin A. A. State authorities and other state bodies: is there any point in distinguishing them? // Transformation of law: Materials of the IV All-Russian scientific and practical forum of young scientists and students, Yekaterinburg, November 22-27, 2021. – Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2022. – P. 56-60.
18. Sharifulin A. A. Subsidiary independence as a novelty of the principle of separation of powers // Traditions and innovations in the system of modern Russian law: materials of the XXI International Conference of Young Scientists: in 3 volumes. T. 1. – M.: Publishing Center of the University named after O. E. Kutafina (MSAL), 2022. – pp. 339-340.
19. Shobukhin V. Yu. Legal education as a promising direction of prosecutorial activity // Electronic supplement to the Russian Legal Journal. – 2016. – No. 5. – P. 100-106.
THEORY OF STATE AND LAW
DUSTOV Dalerjon Vohidshoevich
postgraduate student of the Institute of Law of the Patrice Lumumba People Friendship University of Russia
THE ROLE OF THE U.S. SUPREME COURT IN RESOLVING THE ISSUE OF RACIAL DISCRIMINATION
This paper examines issues of racial discrimination against black Americans. The research is based on the activities of the U.S. Supreme Court to solve the problems arising on the grounds of race, which is a hot topic throughout the history of the country. In the course of the analysis, the author examines several U.S. Supreme Court decisions that address issues of racial discrimination.
Keywords: discrimination, U.S. Supreme Court, segregation, race, African Americans, human rights.
Bibliographic list of articles
1. The Constitution of the United States of America // “Comments on the Constitution of the United States of America.” – [Electronic resource]. – Access mode: https://constitution.congress.gov/constitution/ (access date: 10/26/2023).
2. Maistrenko G. A. The role of the US Supreme Court in solving problems of racial discrimination: a historical aspect // Education and Law. – 2021. – No. 7. – P. 446-450.
3. Sementsov N. Yu. Congress and civil rights of Americans (1945-1953) // USA. Canada. Economics-politics-culture. – 2012. – No. 11. – P. 59-74.
4. Sogrin V.V. Human rights in the USA: declarations and reality (to the 200th anniversary of the American Constitution). –M., 1987. – 375 pp.
5. Lafitsky V.I. Constitutional system of the USA. – M., 2007. – 320 p.
6. Ginger E.F. The Supreme Court and Human Rights in the USA. – M.: Legal literature, 1981. – 392 p.
7. Zhidkov O. A. The US Supreme Court during the period of imperialism: Abstract of thesis. … kyu.n. – M., 1957. – 13 p.
8. Nitoburg E. L. African Americans in the USA and the Second World War // New and Contemporary History. – 2006. – No. 3. – P. 35.
9. Truman H. Years of Trial and Hope. – New York, 1956. – P. 183.
10. 9 Things You Should Know About Brown v. Board of Education // Jesse Greenspan/HISTORY. – [Electronic resource]. – Access mode: https://www.history.com/news/10-things-you-should-know-about-brown-v-board-of-education (access date: 10/02/2023).
11. Senate confirms first federal Muslim judge in U.S. history // REUTERS. – [Electronic resource]. – Access mode: https://www.reuters.com/legal/government/senate-confirms-first-federal-muslim-judge-us-history-2021-06-10/ (date of collapse: 11/14/2023).< br /> 12. Constitution annotated / Analysis and Interpretation of the U.S. Constitution. – [Electronic resource]. – Access mode: https://constitution.congress.gov/resources/unconstitutional-laws/ (access date: 11/22/2023).
THEORY OF STATE AND LAW
KOZHABAEV Zhanbolat Omirserikovich
competitor of the Saint-Petersburg University of State Fire Service of EMERCOM of Russia
THE LEGAL MECHANISM FOR ENSURING ECONOMIC SECURITY: A THEORETICAL ASPECT
The article focuses on the formation of an optimal model of the legal mechanism for ensuring economic security from the point of view of a theoretical and legal approach. The author attempts to construct such a mechanism, the structure of which includes the following elements: a regulatory framework; relevant legal relations; subjects of economic security and legal means by which the effectiveness of economic security is achieved. Such a mechanism is more attractive from the point of view of the dynamic component of economic security. The author also defines further ways of scientific research of the mechanism of ensuring economic security.
Keywords: legal mechanism; economic security; mechanism for ensuring economic security.
Bibliographic list of articles
1. Baklushina Yu. S. Mechanism of legal support for economic security // Theory of law and interstate relations. – 2022. – T. 1. No. 4 (24). – pp. 176-180.
2. Bobrov F. A. Comparison of the concepts of “legal mechanism” and “mechanism of legal regulation” // Trends in the development of modern jurisprudence: collection of scientific papers of the international student scientific conference of the Law Institute of the Baltic Federal University. Immanuel Kant, scientific electronic publication. – Kaliningrad: Immanuel Kant Baltic Federal University, 2018. – P. 43-49.
3. Vishnevsky A. A. Problems of forming a theoretical model of the administrative-legal mechanism for ensuring the economic security of a modern state // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 7. – P. 180-186.
4. Grishakov A. G., Elfimova E. V., Korkin A. V. Administrative and legal mechanism for ensuring economic security: theoretical aspect // Altai Legal Bulletin. – 2020. – No. 4 (32). – pp. 39-46.
5. Domchenko A. S. Legal mechanism and mechanism of legal regulation: issues of correlation // Evolution of Russian law: Materials of the XVIII Correspondence International Scientific Conference of Young Scientists and Students. – Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 263-265.
6. Erkeev I. Kh. To the theoretical foundations of the study of the state-legal mechanism for ensuring the economic security of Russia // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – T. 7. No. 2 (14). – pp. 27-32
7. Kuzmin I. A. Doctrinal and praxeological foundations for understanding the general theoretical category “legal mechanism” // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (40). – pp. 16-20.
8. Orlova A.V., Zhavoronkina V.A. Organizational and legal mechanism for ensuring the economic security of the Russian Federation // Current problems of the development of science and modern education: Collection of materials of the International Scientific and Practical Conference. – Belgorod: Publishing House “Belgorod”, 2017. – P. 254-256.
9. Rakhmeeva I. I. Assessment of regulatory influence as a legal mechanism for ensuring economic security of the territory // Economic and legal problems of ensuring economic security: Materials of the All-Russian Scientific and Practical Conference / Responsible for the issue E. G. Animitsa, G. Z. Mansurov. – Ekaterinburg: Ural StateNational Economic University, 2018. – pp. 100-103.
10. Samusevich A. G. Mechanism for overcoming law enforcement errors: definition and structural analysis // Eurasian Legal Journal. – 2015. – No. 6 (85). – pp. 152-154.
11. Samusevich A. G. The concept and structure of the mechanism of constitutional law enforcement: problem statement // Fourth international theoretical and legal readings named after Professor N. A. Pyanov: conference materials. – Irkutsk: Interregional public organization “Interregional Association of State and Law Theorists”, 2023. – P. 88-94.
12. Khvostova A. V. “The mechanism of action of law”: the content of the concept // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (94). – pp. 24-30.
HISTORY OF STATE AND LAW
GABDRAKHMANOV Farit Vadutovich
Ph.D.in Law, associate professor, associate professor of Criminal law and process of the Mari State University, Yoshkar-Ola
OFFICE WORK IN THE PROSECUTOR’S OFFICE IN 1922-1926
The article considers the issues of the organization of office work in the prosecutor’s office of the RSFSR in 1922-1926, staffing of this type of activity.
The differences between the office work in the prosecutor’s office of the 1920s and the office work of the prosecutor’s office of today have been established. These include the absence in the early years of its activity of a single government act on record keeping, scientific concepts of record keeping and its structural parts, and the replacement of positions of prosecutors involved in record keeping.
The conclusion is made about the initial use by the prosecutor’s office of office work of the abolished departments of justice, the requirements for personnel to know the rules of office work, the circle of prosecutor’s employees involved in office work (secretaries, clerks, typist, couriers, etc.) is defined, the timing of the transition to the card system of office work is indicated.
Keywords: prosecutor’s office, card system of record keeping, 1922-1926.
Bibliographic list of articles
1. Golovko I.I., Islamova E.R., Plugar D.M. Fundamentals of office work in the prosecutor’s office. – St. Petersburg: St. Petersburg Law Institute (branch) of the federal state government educational institution of higher education “University of the Prosecutor’s Office of the Russian Federation,” 2015. – 144 p. – EDN YNZWHR.
2. Gunderich G. A., Komarova E. A. Organization of office work in the prosecutor’s office // Scientific Bulletin of Crimea. – 2019. – No. 5 (23). – P. 1-7. – EDN UWFWVS.
3. Zverev. Rationalization of the technical apparatus and office work in the prosecutor’s office // Weekly of Soviet Justice. – 1928. – No. 12. – P. 375-377. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3597/1/sovetskaya_yustitsiya_1928_12.pdf (access date: 01/18/2024).
4. Karp N. Rationalization of office work in judicial institutions of the RSFSR // Weekly of Soviet Justice. – 1926. – No. 2. – P. 42-44. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3483/1/sovetskaya_yustitsiya_1926_2.pdf (access date: 02/01/2024).
5. Kobzarev F. M., Kudryashova A. V. Organization of management in the prosecutor’s office: textbook; Kostroma State University. – Kostroma: Kostroma State University, 2019. – 60 p. – ISBN 978-5-8285-0993-5. – EDN ZABEAX.
6. Mukhamedov R. A., Chigrin M. V. Staffing of the prosecutor’s office of the Simbirsk (Ulyanovsk) province in 1922-1928 // Scientific dialogue. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kadrovoe-obespechenie-organov-prokuratury-simbirskoy-ulyanovskoy-gubernii-v-1922-1928-godah (date of access: 12/16/2023).
7. Razvodovskaya A.V., Fomenko E.I. Increasing the efficiency of the office work service in the prosecutor’s office // Collection of scientific works in the “Public Administration” series. – 2023. – No. 29. – P. 128-134. – DOI 10.5281/zenodo.7828399. – EDN KTRHIR. @@ Bolshedvorskaya M.V. The role of documents in the management process (opinion of students studying in the specialty “Organization Management”) // Bulletin of the Irkutsk State Technical University. – 2014. – No. 4 (87). – pp. 165-170. – EDN SBNFRF.
8. Selezneva T. A. Correlation of the concepts of “paperwork”, “documentation support for management” and “document management” (retrospective and modernity) // Document. Archive. Story. Modernity. – 2016. – No. 16. – P. 229-240. – EDN XAKNHV.
9. Smorodov V. On the reform of office work of the prosecutor’s office // Weekly of Soviet Justice. – 1924. – No. 44. – P. 1058-1059. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3427/1/sovetskaya_yustitsiya_1924_44.pdf (access date: 12/20/2023).
10. Fainblit S. Conclusions from practice (About delegal proceedings of the prosecutor’s office) // Weekly of Soviet Justice. – 1924. – No. 27. – P. 631. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3412/1/sovetskaya_yustitsiya_1924_27.pdf (access date: 12/20/2023).
11. Sheptalin A. A. To the 100th anniversary of the prosecutor’s office of Udmurtia: problems of organizational and personnel development // Bulletin of the Udmurt University. Series Economics and Law. – 2023. – T. 33. No. 2. – P. 351-361. – DOI 10.35634/2412-9593-2023-33-2-351-361. – EDN VRVMAF.
12. Sh-n G. Rationalization of office work in the courts and prosecutor’s offices // Weekly of Soviet Justice. – 1925. – No. 49-50. – pp. 1497-1498. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3479/1/sovetskaya_yustitsiya_1925_48-49.pdf (access date: 12/20/2023).
13. Sh. G. A brief overview of the activities of the organizational bureau of the People’s Commissariat of Justice // Weekly of Soviet Justice. – No. 31. – P. 1061-1062. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3465/1/sovetskaya_yustitsiya_1925_31.pdf (access date: 02/01/2024).
HISTORY OF STATE AND LAW
DANSHINA Natalya Anatoljevna
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROV Dmitriy Anatoljevich
Ph.D. in Law, associate professor at the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
THE ROLE OF THE STATE IN THE MANAGEMENT SYSTEM OF CONTROL OVER THE LIFE OF SOCIETY
The article examines the main directions of the state’s activities in the system of governance over the life of society. A brief summary of the influence of the forms and means of control activities of state power is provided, and the boundaries defining the limits of state control over the life of society are shown. The authors identified have the necessary conditions for the implementation of their competence by the regulatory authorities. The modern state policy of the Russian Federation in the field of control activities for all spheres of society is determined.
Keywords: state control, government, society, norms, factors, opportunities, conditions.
Bibliographic list of articles
1. Kolesnikov E.V. Legality as a principle of organization and activity of public authorities // Russian justice. – 2020. – No. 5. – P. 2-4.
2. Korepina A.V., Vasilyeva Ya.V., Peganova Yu.A. State control and supervision in the Russian Federation: textbook; Northwestern Institute (branch) of the O. E. Kutafin University (MSAL). – Vologda, 2022. – 320 pp.
3. Shustrov D. G. The doctrine of the Constitution: textbook: in 2 volumes – T. 1. – Moscow: Prospect, 2023. – P. 18-7199.
HISTORY OF STATE AND LAW
EGOROV Andrey Mikhaylovich
Ph.D. in historical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
THE MAIN TRENDS IN THE DEVELOPMENT OF PUNISHMENTS NOT RELATED TO THE ISOLATION OF CONVICTS FROM SOCIETY IN THE HISTORY OF CRIMINAL LAW IN RUSSIA
The article examines the historical experience of the formation and development of criminal punishments alternative to imprisonment in pre-revolutionary Russia in domestic law. The authors carried out a diachronous comparative legal analysis of the origin and evolution of this kind of punishment in Russian legislation from the Middle Ages to the modern era. The article traces the path of their transformation from prototypes of criminal fines and punishments related to confiscation of property to various types of forced labor and other alternative types of criminal punishments.
Keywords: monetary and property punishment, corporal punishment, procedural and security measures, reference, opala, public works, forced labor.
Bibliographic list of articles
1. Abramova N. G. On the issue of applying punishment in the form of forced labor at the present stage // Penitentiary system, state and society: problems of interaction: materials of the International Scientific and Practical Conference, Pskov, October 15, 2021. – Pskov: Pskov branch of the Academy of the Federal Penitentiary Service of Russia, 2022. – pp. 11-17.
2. Egorov A. M. Historical aspects of measures of a criminal legal nature in domestic legislation // PRobation: problems and development prospects. Collection of materials of the International Scientific and Practical Conference. – Pskov, 2023. – pp. 13-17.
3. Egorov A. M. Features of the organization and relationship between the activities of correctional labor inspections and special commandant’s offices during the period of developed socialism (late 1960s – early 1980s) // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 107-109.
4. Egorov A. M., Egorov I. A. Features of interaction between domestic intelligence services in the north-west of the Russian Empire in the conditions of the First World War // Metamorphoses of History. – 2023. – No. 27.
5. Egorov A. M., Matveeva Zh. V. Legal grounds and criteria for recruiting prisoners into the imperial army of pre-reform Russia in the first half of the 19th century // Personality, law, state: problems of development and interaction. Collection of articles from scientific and representative events. – Moscow, 2023. – P. 151-153.
6. Koloshinskaya N.V. Evolution of theoretical and legal views on criminal punishment in Russia // Scientific notes of St. Petersburg named after. V. B. Bobkov branch of the Russian Customs Academy. – 2007. – No. 1 (27). – pp. 180-197.
7. Maistrenko G. A. Execution of punishments not related to the isolation of convicts from society: organizational and legal aspects // Issues of Russian and international law. – 2023. – T. 13. No. 3-1. – pp. 502-507. – DOI 10.34670/AR.2023.29.44.054.
HISTORY OF STATE AND LAW
EGOROV Petr Mikhaylovich
Ph.D. in political sciences, scientific researcher. Institute for Humanities Research and Indigenous Studies of the North of the Siberian branch of the Russian Academy of Sciences
ON THE ISSUE OF STATE POLICY FOR SCIENTIFIC DEVELOPMENT OF THE ARCTIC ZONE OF YAKUTIA IN THE 1980S
The article examines the development of the policy of the Soviet state in the scientific study of the Arctic and northern regions of Yakutia from the 1980s to the 1990s. During this period, intensive development of the technical direction of research began. At the same time, specialized research devoted to the socio-economic problems of the development of the Arctic regions of Yakutia and improving the quality of life of the indigenous peoples of the North has become widespread. Targeted comprehensive studies of economic, social and environmental problems in the regions of the Arctic zone of the republic began to be carried out. The role of government authorities of the YASSR in the organization of scientific activities in the Arctic regions in the 1970s and 1980s was significant.
Keywords: science policy, scientific research, Arctic, Yakutia.
Bibliographic list of articles
1. Academic science in Yakutia (1949-2009) / Ch. ed. A.F. Safronov, resp. ed. V. V. Shepelev. – Novosibirsk, 2009. – 220 p.
2. Argunov I. A. Industrial and technical development of the region and the process of urbanization in the Yakut Autonomous Soviet Socialist Republic (1945-1985) // Modern social and cultural processes in the cities of the North. Collection of scientific works. Yakutsk, Yakutsk branch of the Siberian Branch of the USSR Academy of Sciences. – 1988. – 8-29 pp.
3. Ermolaeva Yu. N. Russian Academy of Sciences and Yakutia. XX century // Science and education. – 2002. – No. 3. – P. 22-27.
4. Kupershtokh N. A. The formation of academic science in Yakutia and its contribution to the study of the productive forces of the North-East of Russia // Yakut archive. – 2012. – No. 1. – P. 9-18.
5. On measures for the further economic and social development of areas inhabited by the nationalities of the North: Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of February 7, 1980 // Decisions of the party and government on economic issues: Coll. doc. T. 13. April 1979-March 1981 – M.: Politizdat, 1981.
6. Program for the integrated socio-economic development of the Arctic regions of the Yakut Autonomous Soviet Socialist Republic for the period until 2000: Resolution of the Council of Ministers of the Yakut Autonomous Soviet Socialist Republic of February 20, 1989 No. 22 // Resolutions of the Council of Ministers of the Yakut Autonomous Soviet Socialist Republic. No. 1-22. ON RS(YA). f. P52, inventory 42, d. 829.
7. Suleymanov A. A. Academy of Sciences of the USSR and research of the Arctic regions of Yakutia in the late 1940s-1990s. Book one: Socio-humanitarian directions. – Novosibirsk: Science, 2021. – 348 p.
HISTORY OF STATE AND LAW
ISKANDAROVA Gulnara Rifovna
Ph.D. in philological sciences, professor of Foreign and Russian languages sub-faculty of the Ufa Law Institute of the MIA of Russia
THE HITLER YOUTH IN THE HANDS OF THE THIRD REICH AS A TOOL FOR WAGING WAR
In the 20s of the 20th century, dozens of different youth movements operated in Germany. After Hitler came to power, all of them were banned, all but one. What attracted German teenagers to the Hitler Youth? Why did the Reich need to recruit children into its ranks? Why did the organization accept only boys? How did the Hitler Youth change over the years, becomingthe younger brother of the Wehrmacht? How did it finally turn into a death school during the Second World War? Such issues discussed in the article shed light on certain facts from the history of Nazi Germany, which are reinterpreted from the standpoint of modernity and do not lose their relevance in an era of global change, military conflicts and political tension.
Keywords: Hitler Youth, youth, Germany, Hitler, party, movement, NSDAP, Nazism, Europe, war.
Bibliographic list of articles
1. Zvyagintsev A.G. “Hitler Youth” yesterday and today. The Nuremberg International Military Tribunal examined in detail the issue of the influence of Nazi ideology on young people // Union of Criminologists and Criminologists. – 2018. – No. 3. – P. 144-146.
2. Kachanova A. I., Barysheva N. R. Youth organizations of Nazi Germany as a tool of ideological education // Collection of materials of the IX All-Russian scientific and practical conference of young scientists with international participation “Young Russia”, Kemerovo, April 18-21, 2017. – Kemerovo: Kuzbass State Technical University named after T. F. Gorbachev, 2017. – P. 87006.
3. Klimov O. A. Technologies for involving youth in the socio-political process on the example of Nazi Germany // Innovative models and technologies of modern education: materials of the Ushinsky Readings conference, Yaroslavl, March 02-03, 2013. – Yaroslavl: Yaroslavl State Pedagogical University. K. D. Ushinsky, 2013. – P. 198-202.
4. Kolmakov S. A. Youth organization of the Third Reich // History of Victory: a collection of materials from the interuniversity conference dedicated to the 75th anniversary of Victory in the Great Patriotic War, Novokuznetsk, June 30, 2020 – Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2020. – pp. 65-68.
5. Kusanov A. A., Ulyanova N. N. Hitlerjugend // Language and intercultural communication in modern conditions: collection of scientific articles of the Interuniversity scientific and practical conference, Novosibirsk, February 16, 2017. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation, 2017. – P. 90-93.
HISTORY OF STATE AND LAW
KOVALENKO Natalya Evgenjevna
postgraduate student of the Institute of Law of the Altai State University, Barnaul
ASPECTS OF THE THEORY OF THE SUBJECT OF LAW: HISTORICAL ANALYSIS
This article is devoted to the analysis of the theory of the subject of law in Soviet legislation. An assessment has been made of the formation and development of the category “subject of law” today, and a number of factors have been identified that negatively affect the quality of legal texts. The difficulty in determining the subjects exists due to the insufficiently correct legal technique, expressed in the predominance of polysemy and uncertainty in the texts of legal regulations, caused primarily by the situation of “catch-up law”. The conclusion is made about the need for further development of the theory of the subject of law in legal science.
Keywords: law, L. I. Petrazhitsky, language, legal relationship, subject of law, polysemy, metonymy, N. N. Alekseev, Constitution, theory of law.
Bibliographic list of articles
1. Garayeva L. Kieyzik About some features of the methodology of law of L. I. Petrazhitsky // Thought of L. I. Petrazhitsky and modern science of law: Materials of the international scientific-practical video conference. – Krasnodar: Ecoinvest, 2016. – pp. 96-106.
2. Petrazhitsky L.I. Theory and politics of law. Selected works / Scientific. ed. E. V. Timoshina. – St. Petersburg: University Publishing Consortium “Legal Book”, 2010. – 1104 pp.
3. Maksimova O. D. The class approach and the problem of democracy in the Constitution of the RSFSR of 1918. Ideas of constitutionalism in domestic legislation: materials of the All-Russian Student Legal Forum, Moscow, October 25–26, 2018 / Executive editor T. A. Soshnikova. – Moscow: Moscow Humanitarian University, 2019. – pp. 26-30.
4. Soshnikova T. A. Traditions and innovations in the labor legislation of Russia: from the revolution to the present day. // The influence of the revolutionary events of 1917 on the formation and development of state and law. Materials of the International Student Legal Forum. – M., 2018. – pp. 81-88.
5. Kovalenko N. E. Subject of law and information unit // Digital technologies and law: collection of scientific papers of the II International Scientific and Practical Conference (Kazan, September 22, 2023) / Ed. I. R. Begisheva, E. A. Gromova, M. V. Zaloilo, I. A. Filipova, A. A. Shutova. In 6 volumes. T. 5. – Kazan: Publishing house “Poznanie” of the Kazan Innovation University, 2023. – P. 176-178.
6. Alekseev N. N. Fundamentals of the philosophy of law. – St. Petersburg: Publishing house. Lan, 1999. – 256 p.
HISTORY OF STATE AND LAW
KLIMOV Andrey Yurjevich
Ph.D. in historical sciences, associate professor, chief researcher of the Research Center, Management of the Academy of the MIA of Russia, Moscow
SALNIKOV Alexander Sergeevich
Ph.D. in Law, leading researcher of the Research Center, Management of the Academy of the MIA of Russia, Moscow
THE ORGANIZATION AND ACTIVITIES OF THE REGULAR MOSCOW POLICE DURING THE REIGN OF PETER I
The article, based on an analysis of a wide range of historical and legal sources and research literature, examines the issues of creating a regular police force in Moscow during the reign of Peter I. The article examines the organizational and legal basis for the introduction of the position of Moscow chief police chief and the activities of the Moscow police chief office. The article provides information about the first Chief of Police of Moscow – Maxim Timofeevich Grekov. The system of the Moscow police during its formation, its staffing structure, competence, main areas of activity are studied, and the errors and omissions that occurred during the formation of the police in Moscow are analyzed. The relevance of this is due to the fact that today it is important to study the history of law enforcement agencies in Russia. Knowledge of their structure, competence and forms of work helps to explain events and processes of the past and predict possible options for development and the future. Knowledge of the past has not only theoretical and epistemological significance, but is also an integral component of the study of the present.
Keywords: Moscow, regular police, public order protection, crime control, police chief’s office, chief police officer, police team.
Bibliographic list of articles
1 Tarasov I. The era of confusion between police and justice. 1718-1775 // Legal Bulletin. – 1884. – No. 2 (February).
2 Russian State Archive of Ancient Acts (hereinafter referred to as RGADA) – F. 931. Moscow Police Chief Office, Moscow. – Op. 1.
3 Sizikov M.I. Police reform of Peter I // Jurisprudence. – 1992. – No. 2.
4 RGADA. – F. 931. – Op. 3.
5 Complete collection of laws of the Russian Empire (PSZRI). – Meeting 1. – Vol. 6.
6 Protocols, journals and decrees of the Supreme Privy Council of 1729 – St. Petersburg, 1894. – T. 7. – Type. I. N. Skorokhodova.
7 RGADA. – F. 154. – Letters of grant for estates, ranks and nobility – (collection) from the funds of the Ambassadorial Prikaz and the Collegium of Foreign Affairs. – Op. 2. – D. 250.
8 Central State Archives of Moscow (CSA Moscow) – F. 46. Moscow Police Chief Office, Moscow; Office of the Moscow Chief of Police, Moscow; Office of the Moscow mayor of the Ministry of Internal Affairs, Moscow. – Op. 1. – D. 10.
9 Russian State Historical Archive (RGIA) – F. 1329. Personalized decrees and “highest” orders to the Senate (collection). – Op. 2. – D. 36.
HISTORY OF STATE AND LAW
SERUA Valentina Saulovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the N. I. Lobachevsky National Research Nizhny Novgorod State University
ON THE ISSUE OF THE TASKS OF THE FIRST SOVIET LAW SOCIETY (ON THE EXAMPLE OF THE UKRAINIAN LAW SOCIETY)
The article is devoted to the analysis of goal-setting in the activities of the Ukrainian Law Society as a process of setting and transformation of work tasks in accordance with the real demand of society. The author turns to the little-studied pages of the history of the first Soviet legal societies on the example of the ULS as an alternative to the state forms of organization of the Soviet legal science. On the basis of research of materials of the joint printed publication of the society and the People’s Commissariat of Justice of the Ukrainian SSR “Bulletin of Soviet Justice” the author concludes the gradual expansion of the list of tasks of the ULS, in which along with scientific-cognitive and applied tasks educational and corporate-communication tasks were included.
Keywords: Ukrainian Law Society, Soviet legal scientific societies, “Herald of Soviet Justice”.
Bibliographic list of articles
1. Bulletin of Soviet Justice. Organ of the People’s Commissariat of Justice of the Ukrainian SSR and the UYURO. – Kharkov, 1923, 1924, 1925.
2. Essays on the history of legal scientific institutions in the USSR. – M.; 1976. – 238 pp.
3. Ratner L.I. First legal societies // Soviet state and law. – 1974. – No. 1. – P. 113-115.
4. Bulletin of Soviet Justice. Chronicle. In places. In the Ekaterinoslav legal department of the UYURO. – 1925. – No. 1. – P. 156.
5. Bulletin of Soviet Justice. URYUO. – 1925. – No. 2 (35). -P. 90.
6. Khmelnitsky I. A. Tasks of legal societies // Bulletin of Soviet Justice. – 1923. – No. 6. – P. 157.
HISTORY OF STATE AND LAW
TERYAEVA Evgeniya Vyacheslavovna
Ph.D. in historical sciences, associate professor, associate professor of History, political science and public policy sub-faculty of the Central Russian Institute of Management – branch of the Russian Academy of the National Economic and Public Administration under the President of the Russian Federation, Orel
SENATORIAL AUDITS AS AN ELEMENT OF THE ANTI-CORRUPTION POLICY OF THE RUSSIAN STATE IN THE FIRST HALF OF THE XIX CENTURY
The article examines the process of formation and evolution of the institution of senatorial audits from their establishment by Peter I to the period of their heyday in the first half of the XIX century. Special attention is paid to the revision of Senator N.E. Myasoedov of the Orel province, conducted in 1816. The paper identifies the main types of official abuses and crimes identified by the senator during the audit, the circle of officials brought to justice, the degree of their guilt and the measure of punishment. Criminal cases of officials brought to justice are analyzed and introduced into scientific circulation for the first time. The mechanisms and means of the imperial government’s fight against abuses and crimes in the service are also considered, the role and significance of senatorial audits in the anti-corruption policy of the state is determined.
Keywords: senatorial audit, provincial officialdom, official abuses, anti-corruption policy.
Bibliographic list of articles
1. SAOO. – F. 5. – Op. 1. – D. 268.
2. SAOO. – F. 31. – Op. 1. – D. 505 a.
3. SAOO. – F. 31. – Op. 1. – D. 506.
4. Klyuchevsky V. O. Russian history. Full course of lectures. In 3 books. Book 3. – Rostov n/d: Phoenix, 2000.
5. Mikhalkina T. A. The role of senatorial audits in carrying out reforms in Russia // Bulletin of the Volga Academy of Public Administration named after P. A. Stolypin. – 2006. – No. 10. – P. 5-10.
6. PSZ – I. T.VI. No. 3991. – St. Petersburg: Printing house of the II Department of His Imperial Majesty’s Own Chancellery, 1830.
7. PSZ – I. T.XXV. No. 19.212. – St. Petersburg: Printing house of the II Department of His Imperial Majesty’s Own Chancellery, 1830.
8. Puparev A. Two senatorial audits of the Oryol province under Governor Yakovlev // Proceedings of the Oryol Scientific Archival Commission. – 1984. – Issue. 4. -Eagle: Printing house of S. A. Zaitseva, 1895.
9. Puparev A. Audit of Senator Myasoedov and its consequences // Proceedings of the Oryol Scientific Archival Commission. 1891. Issue. 1. – Eagle: Printing house of S. A. Zaitseva, 1891.
HISTORY OF STATE AND LAW
TUARMENSKY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty of the Academy of Law and Management of the FPS of Russia in Ryazan
BURUKIN Vadim Valerjevich
Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Academy of Law and Management of the FPS of Russia in Ryazan
PECHERSKIY Daniil Vadimovich
student of the Institute of Training of State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
UNDERSTANDING THE CORRUPTION PHENOMENON THROUGH THE PRISM OF THE ANCIENT INDIAN TREATISE “ARTHASHASTRA”
The article attempts to consider the corruption aspect through the prism of the devel-opment of ancient Indian civilization. The authors pay special attention to the treatise “Arthashastra”, which describes one of the first attempts to understand the phenomenon of corruption. The study describes the causality of the formation of corruption in Ancient India, as well as its counteraction. The grounds for the corruption component in the ancient treatise are presented through incorrect account management of the accounting department; economically inefficient replenishment of the state treasury and the lack of full material support for the management apparatus. The authors refer to anti-corruption measures as the election of officials, as well as the practice of testing officials.
Keywords: Kautilya, Arthashastra, corruption, Ancient India.
Bibliographic list of articles
1. Bongard-Levin G. M. Ancient India. History and culture. – M.: Nauka, 2008. – 412 p.
2. Vezlomtsev V. E., Roman E. M. On the issue of the relationship between mentality and corruption // The Newman in Foreign Policy. – 2019. – No. 50 (94). – pp. 14-17.
3. Vigasin A. A. The doctrine of management and state revenues in the “Arthashastra” // World history of economic thought: In 6 volumes. – T. I. – M.: Mysl, 1987. – 606 p.
4. Kautilya. Arthashastra, or the science of politics. – M.-L.: Publishing House of the USSR Academy of Sciences, 1959. – 802 p.
5. Lelyukhin D.N. The concept of an ideal kingdom in Kautilya’s “Arthashastra” // State in the history of society: (to the problem of criteria for statehood). – M.: Institute of Oriental Studies RAS, 2001. – P. 25.
6. Samozvantsev A.M. “Arthashastra” III. 10.8-17: Experience in interpreting a legal text // Bulletin of ancient history. – 1983. – No. 4. – P. 32-44.
7. Samozvantsev A.M. “Eye of the Sovereign” (spies) in Ancient India: (according to Kautilya’s Arthashastra) // Vostok. – 2010. – No. 3. – P. 18-32.
HISTORY OF STATE AND LAW
FESIK Petr Yurjevich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Volga State University of Water Transport, Nizhny Novgorod
CONCEPTS OF THE INSTITUTION OF CRIMINAL LIABILITY FOR ECONOMIC CRIMES IN THE COUNTRIES OF THE ROMANO-GERMANIC LEGAL FAMILY IN THE LATE XIX – 70S OF THE XX CENTURIES
The article examines issues related to the emergence and development of the institution of economic crimes and responsibility for them, which is unique to criminal law. Economic crimes began to be identified quite late as a special type of offense. In the continental countries of Western Europe there was no unified approach to the definition of economic crimes, their classification and characteristics. Countries of the Anglo-Saxon legal family still apply to economic crimes the classification that arose in the Middle Ages in criminal law. Countries belonging to the Romano-Germanic legal family for quite a long time, until the second half of the 20th century differed in the definition of economic crimes and their social danger. Legislators and law enforcement agencies of the Russian Empire approached the issues of separating economic crimes into a special group and establishing legal liability for them most consistently. The legal approach to this problem, formed in the USSR, differed just as strongly from the legal norms of the continental countries of Western Europe. The author believes that this was facilitated by a special attitude towards the institution of state and private property in the Russian Empire and the emergence of socialist property in the USSR. At the same time, a liberal view of the functions and activities of the state in law enforcement in Western European countries led to the denial of the need to establish criminal liability measures for committing economic crimes at the beginning of the 20th century. Based on a comparative legal analysis of the legislation of countries belonging to the Romano-Germanic legal family, the author concludes that by the 70s of the 20th century two different theoretical approaches to the institution of economic crimes and criminal liability for them was clearly formed. The author proposes to take into account the extensive experience of the Soviet legislative and law enforcement heritage in matters related to economic crime.
Keywords:economic crime, criminal law, criminal liability, property, socialist property.
Bibliographic list of articles
1. Geshelin M.I., Kuznetsova A.N. Characteristics of qualifying features as a means of differentiating responsibility for economic crimes in the criminal legislation of England and the USA // Current problems of criminal law and process at the present stage. – 2019. – No. 8 – pp. 55-61.
2. Gribov A. S. Differentiation of responsibility for economic crimes in Russia, Germany and the USA (comparative legal research) // Author’s abstract. dis. …cand. legal Sci. – Saratov, 2011. – 23 p.
3. Leontyev B. M. Development of norms on criminal liability for crimes in the sphere of economic activity (1813 – 1996) // Bulletin of Moscow University. – Episode 11. Law. – 2013. – No. 3. – P. 74-89.
4. Polyanina A.V. Main trends in the development of the institution of criminal liability for illegal business in Russia // Society and Law. – 2009. – No. 1 (23). – pp. 207-211.
5. Chuprova E. V. Criminal liability for economic crimes under the criminal law of England // Candidate’s dissertation. legal n. – M.: Institute of State and Law of the Russian Academy of Sciences, 2005. – 239 p.
6. Yakubenko A.K. Establishment and implementation of criminal liability for economic crimes in the Russian Federation // Scientific works of the Russian Academy of Advocacy and Notariat. – 2022. – No. 3 (66). – pp. 117-123.
7. Agudo Fernández E., Jaén Vallejo M., Perrino Pérez A. L. Derecho penal applicado: parte especial. Delitos contra el patrimonio y contra el orden socioeconómico – Madrid – Editorial Dykinson – 2.a edición. – 2019. – 320 p.
8. Arlen J. H. Research handbook on corporate crime and financial misdealing, Royaume-Uni de Grande-Bretagne et d’Irlande. – Cheltenham – Edward Elgar Publishing, 2018. – 378 p.
9. Binder M.Weisse-Kragen-Kriminalität // Kriminalistik. – 1962. – No. 16. – pp. 251-256.
10. Booth R. A. What is a Business crime? // Journal of Business & Technology Law. – 2008. – Vol. 3. – Issue 1. – R. 127.
11. Bulai C. Conception et principes du Droit pénal économique. Roumanie. Rapport national // Revue Internationale de Droit penal. – 54. – R. 654.
12. Caujolle P. Droit penal des affaires. – Paris: Dalloz, 1999. – 3 ed. – 220 p.
13. Cavina M. (s. dir.). L’insegnamento del diritto (secoli XII – XX). – Milano, 2019. – 381 p.
14. Crespo E. Demetrio, de la Cuerda Martin M., García de la Torre García F. (s. dir.), Derecho penal económico y teoria del delito. – Valencia: Tirant lo Blanch, 2020. – pp. 194-211.
15. Donà G. La delinquenza negli affari secondo la psicologia criminale la polizia giudiziaria, Italie, Torino, Fratelli Bocca (1927). – V. 7, n. 2. – 2021. – Rr. 883-934.
16. Jiménez Asenjo E., El nuevo Derecho penal económico, Revista de Derecho privado. – Madrid, 1950. – R. 789.
17. Kobe P., Conception et principes du Droit pénal économique. Yougoslavia. National Report // Revue Internationale de Droit Pénal. – 54. – RUR 777.
18. Kretschmer B., Zabel B. (s. dir.), Studien zur Geschichte des Wirtschaftsstrafrechts: Methoden – Analysen – Kritik – Baden-Baden – Nomos Verlag, 2018. – 528 p.
19. Krukowski A., Zoll A. l, Conception et principes du Droit pénal économique. Pologne. Rapport national // Revue Internationale de Droit Pénal. – 54. – R. 493.
20. Launais H., Accarias L., de La Villeguérin Y., Droit pénal financier: traité pratique. – Paris – Dalloz, 1964. – 2-d ed. – 452 p.
21. Lazerges Ch. Nouveaux enjeux de la délinquance économique et financière. – Paris: A. Pedone, 2017. – 220 p.
22. Lehmkuhl M. J., Wohlers W. (s. dir.), Unternehmensstrafrecht: Materiellrechtliche und prozessuale Aspekte. – Basel – Helbing Lichtenhahn Verlag, 2020. – Рp. 95-108.
23. Lepage A., Maistre du Chambon P., Salomon R. Droit pénal des affaires. – Paris: LexisNexis, 2020. – 1016 p.
24. Monagahn C., Monaghan N. Financial crime and corporate misconduct: a critical evaluation of fraud legislation // Royaume-Uni de Grande-Bretagne et d’Irlande. – London, Routledge, Taylor & Francis Group, 2019. – 220 p.
25. Neskusil J., Suchý O. Conception et principes du Droit pénal économique. Tchécoslovaquie. Rapport national // Revue Internationale de Droit Pénal. – 54. – R. 731.
26. Palmer A. Countering economic crime: a comparative analysis, Royaume-Uni de Grande-Bretagne et d’Irlande. – London, Routledge – Taylor & Francis Group, 2018. – 282 p.
27. Pedrazzi C. Conception et principes du Droit pénal économique Rapport national. Italie // Revue internationale de droit penal. – 54. – 1983. – R. 423.
28. Rampioni R. (s. dir.), Diritto penale dell’economia. – Torino: G. Giapichelli editore – l 3° edizione, 2020. – Pp. 1-35.
29. Revue internationale de droit penal. – Vol. 31. – 1953 // Revue internationale de droit compare. – [Electronic resource]. – Access mode: researchgate.net.
30. Ripollés A. Q. Nueva dogmática del Derecho penal económico // Revista de Derecho mercantile. – Vol. XVI. – 1953. – Рp. 242-251.
31. Sikloí G., Kálmán G., Conception et principes du Droit pénal économique. Hongrie. Rapport national // Revue Internationale de Droit Pénal. – 54. – R. 371.
32. Silva Sánchez J.-M., Robles Planas R., et al., Lecciones de derecho penal económico y de la empresa: parte general y especial. – Barcelona: Atelier libros juridicos, 2020. – 762 p.
33. Traversi A., Gennai S., Diritto penale commerciale. – Milanoflori Assago – Wolters Kluwer – 3° edition, 2017. – 406 p.
34. Thérage M. À la recherche d’une définition du droit pénal des affaires dans la doctrine pénaliste européenne de l’Époque contemporaine (XIXe-XXe siècle) // Les Fondements Historiques du droit Europeendes affaires. – Presses de l’Université Toulouse Capitole. – 2017. – pp. 149-207.
35. Thérage M. Aux origines de l’enseignement du droit pénal des affaires: des cours de droit industriel à la création des enseignements universitaires spécialisés (1855 – 1970) // L’enseignement du droit Journées internationales de la Société d’Histoire du Droit. – Paris, 2018.
36. Valette V. (s. dir.). Le droit pénal économique: un droit pénal très spécial? // Acts du colloque organisé le 28 avril 2017 par le Center de droit économique et du développement de Perpignan. – Paris – Cujas, 2018.
37. Vouyoukas C. Conception et principes du Droit pénal économique de la Grèce, Rapport national // Revue Internationale de Droit penal. – 54. – 1983. – Рp. 308-309.
38. Zirpins W., Terstegen O. Wirtschaftskriminalität: Erscheinungsformen und ihre Bekämpfung – Lübeck – Schmidt-Röhmhild, 1963. – 1067 p.
HISTORY OF STATE AND LAW
FOMICHEV Maksim Nikolaevich
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Institute of Economics, Management and Law of the Volga State University of Water Transport, Nizhny Novgorod
LEGAL STATUS AND POWERS OF THE GRAND VIZIER OF THE OTTOMAN EMPIRE
The article is devoted to the analysis of the title, legal status and powers of the Grand Vizier of the Ottoman Empire. As a result of the study, it was revealed that in the regulations of the Ottoman Empire, two titles were consistently used, “vezir-iazam” and “sadrazam”, having Arabic and Persian origin, characterizing the status of the grand vizier. In the modern period, the term “grand vizier” is used only to refer to the head of government of the Ottoman Empire. The author examines the evolution of the legal status and powers of the grand vizier, starting from the first vizier from the Chandarly family, and ending with the beginning of the 18th century. When implementing the research objectives, a problem-chronological method was used, which allows us to analyze regulatory legal acts, the basis of which is the legislation of Mehmet II Fatih and other sultans of the Ottoman Empire, as well as other sources in accordance with the chronology of events. The study showed a gradual increase in the scope of the Grand Vizier’s powers. As a result, the result of this process is the actual removal of the Sultan from government, with all functions concentrated in the hands of the Grand Vizier. The post of Grand Vizier was the highest government rank that a non-Ottoman subject of the Ottoman Empire could achieve. The Grand Vizier had his own regalia confirming his authority, including a tughra similar to that of the Sultan. In this regard, it is concluded that the serious changes that took place in the state structure of the Ottoman Empire in the 30s of the 19th century were associated with the excessive strengthening of the power of the great viziers in the previous period. The result of these transformations was the Tanzimat era.
Keywords: grand vizier, sultan, Ottoman Empire, power, Imperial Council.
Bibliographic list of articles
1. History of the Ottoman state, society and civilization / Ed. E. Iskhanoglu. – T. 1. – M.: Eastern literature. – 2006. – 367 p.
2. Inalcık H. Le droit d’initiative du sultan et les lois de Fâtih (Mehmed II) // Conflits et mémoiresdans les Balkans. – 2011. – 38-39. – P. 289-324.
3. Strauss J. A Constitution for a Multilingual Empire: Translations of the Kanun-ıEsasi and Other Official Texts into Minority Languages” / Herzog Ch.; Malek S. (eds.). The first Ottoman experiment in Democracy. – Istanbul: Orient -Institut, 2016. – 338 p.
4. Uzunçarşıl H. Osmanlı Devletinin Merkezve Bahriye Teşkilatı. – Ankara: Türk Tarih Kurumu Basımevi, 1988. – 632 p.
HISTORY OF STATE AND LAW
BUTOV Sergey Valerjevich
adjunct of the adjunct (full-time and part-time studies) of the Faculty of Training of highly qualified Personnel and Additional Professional Education of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
THE GENESIS OF SOVIET MILITARY CRIMINAL LEGISLATION DURING THE GREAT PATRIOTIC WAR
The article shows the development of Soviet military criminal legislation during the Great Patriotic War. The main normative legal acts that regulated military-criminal legal relations in wartime conditions are considered. The role of military criminal legislation in strengthening military, labor discipline and law and order is shown, as well as the importance of wartime laws for the defense capability of the Soviet state. In conclusion, it is concluded that it is necessary to use the positive experience of legal regulation of legal relations in the field of military criminal law during the Great Patriotic War in rule-making activities in modern armed conflicts.
Keywords: military criminal legislation, wartime laws, Red Army, NKVD troops, crime, genesis of law, Great Patriotic War.
Bibliographic list of articles
1. Butov S.V. The role of Soviet military legislation in achieving the victory of the USSR in the Great Patriotic War // Current issues in the development of statehood and public law: Materials of the IX International Scientific and Practical Conference. In 2 volumes, St. Petersburg, September 29, 2023. – St. Petersburg: St. Petersburg Institute (branch) of the federal state budgetary educational institution of higher education “All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)”, 2023. – P. 103-114.
2. Isaev M. M., Utevsky B. S., Kareev D. S. Soviet law during the Great Patriotic War. Part 2: Criminal law – Criminal process / Ed. I. T. GolYakov / All-Union. Institute of Law Sci. – M.: Legal. Publishing house of the Ministry of Justice of the USSR, 1948. – 215 p.
3. Deryugin A. A., Butov S. V. Legal grounds for the struggle of the NKVD troops of the USSR against the spreaders of false rumors during the Great Patriotic War // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – T. 9. No. 3. – P. 37-42.
4. Chkhikvadze V. M. Soviet military criminal law: a textbook for legal higher educational institutions / Prof. V. M. Chkhikvadze; Military legal acad. USSR Armed Forces, All-Union. Institute of Law Sciences USSR Ministry of Justice. – M.: Legal. Publishing house of the Ministry of Justice of the USSR, 1948. – 452 pp.
5. Mutigullin A.V. Legal regulation of the activities of government agencies in the fight against the fascist-nationalist underground in the western regions of the USSR (1943-1955) // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. – 2023. – T. 9. No. 4. – P. 318-325.
6. World wars of the 20th century: Doc. and materials in 4 books. Book 4. World War II / Institute of General History of the Russian Academy of Sciences, Assoc. Historians of the First World War, Assoc. historians of the Second World War; Rep. ed. M.Yu. Myagkov. – M.: Nauka, 2005. – 677 p.
CONSTITUTIONAL LAW
AL-BAZZAR Omer Abd Alnafea Khaleel
postgraduate student of Constitutional law and constitutional judiciary sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
CRIMES VIOLATING THE VOTING PROCESS IN SYRIA, EGYPT AND IRAQ (COMPARATIVE ANALYSIS)
This article is an in-depth study of the legislation of three countries, Syria, Egypt and Iraq – in the context of crimes related to voting. The author of the article focuses on the analysis of three aspects: crimes related to voting; against the freedom of voting; and crimes that violate the security and regularity of the voting process. The challenge is to identify differences and similarities in the legislation of these countries, as well as to understand which aspects can be improved to ensure a more fair and transparent electoral process. The study is based on a systematic comparative analysis of the laws of Syria, Egypt and Iraq related to voting crimes. The author uses the methods of legal analysis and comparative law to identify key features and legislative gaps. The article makes a significant contribution to the understanding of legislative features related to electoral processes in the Middle East region. The scientific novelty lies in identifying trends and features specific to each country, as well as proposing constructive measures to improve legislation in order to ensure freer, fairer and safer elections. The results of the study show that there are many differences in the level of strictness of the laws of Syria, Egypt and Iraq in combating these crimes. The author provides recommendations on improving legislation and taking measures to prevent crimes that undermine the voting process.
Keywords: security of the voting process, criminal liability, freedom of voting, Syria, judicial guarantees, Egypt, Iraq, punishment, success of elections.
Article bibliographic list
1. As-Suswa A. A. Democratic Developments in Yemen. -.M.: Walter de Gruyter GmbH & Co KG, 2021. – 178 p.
2. Illegal voting // The New York State Senate. [Electronic resource]. – Access mode: https://www.nysenate.gov/legislation/laws/ELN/17-132
3. Double Voting // National Conference of State Legislatures. [Electronic resource]. – Access mode: https://www.nysenate.gov/legislation/laws/ELN/17-132
4. Compulsory Voting // International IDEA. [Electronic resource]. – Access mode: https://www.idea.int/data-tools/data/voter-turnout-database/compulsory-voting
5. Overview of Federal Criminal Laws Prohibiting Threats and Harassment of Election Workers // CRS Reports. [Electronic resource]. – Available at: https://crsreports.congress.gov/product/pdf/LSB/LSB10781
6. Constitution of Syria (Syrian Arab Republic), published in 2012 // Constitution project. [Electronic resource]. – Access mode: https://www.constituteproject.org/constitution/Syria_2012.pdf?lang=ar
7. Law on General Elections – Law 5 of 2014 // Syrian Parliament. [Electronic resource]. – Access mode: http://www.parliament.gov.sy/arabic/eindex.php?node=5516&cat=327&nid=327&print=1
8. 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
9. 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
10. Law No. 198 of 2017 on the National Election Commission of Egypt // elections.eg [Electronic resource]. – Modeaccess: https://www.elections.eg/images/pdfs/laws/NEAlaw2017-198.pdf
CONSTITUTIONAL LAW
BASHIRINA Evgeniya Nikolaevna
Ph.D. in political science, associate professor of Economic and legal security sub-faculty of the Institute of history and public administration of the Ufa University of Science and Technology
SOME HISTORICAL AND LEGAL ASPECTS OF THE LEGISLATION ON THE ELECTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION
The article examines the gradual development of the electoral law, in terms of the election of the head of the Russian Federation.
The analysis of electoral norms in the period from 1993 to 2024 was carried out, aspects in the past and current legislative acts regarding the requirements for the voting procedure were highlighted.
A proposal has been made to improve Russian electoral legislation.
Keywords: the President, the state, law, electoral law, elections, normative legal acts.
Bibliographic list of articles
1. Preliminary statement on the presidential election in the Russian Federation, 26 March 2000. [Electronic resource]. – Access mode: http://osce.org (access date: 01/08/2024).
2. Rules for registration of self-nominated candidates in the elections of the President of the Russian Federation. Dossier. [Electronic resource]. – Access mode: http://tass.ru/info (date of access: 01/11/2024).
3. Sobyanin S.S. Constitutional reform is not a whim, but a necessity // Journal of Russian Law. – 2002. – No. 12. – P. 13.
4. Bashirina E. N., Rednikov D. V. Legal Institute of Constitutional and Legal Responsibility of the President of the Russian Federation // International Journal of Humanities and Natural Sciences. – 2021. – No. 4-3 (55). – pp. 136-139.
5. Zuga I. M. Legitimate elections: is a turnout threshold necessary? [Electronic resource]. – Access mode: http://council.gov.ru (date of access: 01/08/2024).
6. Bashirina E. N. Constitutional duty of the rule of law // Problems of the status of modern Russia: historical and legal aspect / Collection of articles of the All-Russian Scientific and Practical Conference. – Ufa, 2018. – P. 218.
7. Kotikova D. V. On the problem of legal regulation of remote electronic voting // Citizen. Elections. Power. – 2020. – No. 2 (16). – P. 182.
CONSTITUTIONAL LAW
BUDZISHVILI Tsira Zurabovna
competitor of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
ON QUESTION OF THE ROLE OF THE PRINCIPLE OF LEGALITY IN THE ACTIVITIES OF YOUTH PARLIAMENTS
Youth parliamentarism is a system of representation of the rights and legitimate interests of young people as a special social group, based on the creation and functioning of a special public consultative and advisory structure of young people – the youth parliament – under state authorities or in the order established by them. The article analyzes the general legal principle of legality as a principle of organization of youth parliamentarism activity, which has been legally formalized in the normative legal documents regulating the activity of youth parliaments in the regions of the Russian Federation. The peculiarity of legal principles is the fact that they are generally binding, being enshrined in the relevant legal norms. A comprehensive approach to the analysis of the consolidation of the general legal principle of legality as a principle of organization of youth parliaments’ activity is applied, for example, in the study of this principle a comparative legal analysis was carried out. The article defines the concept of “the principle of legality” and examines its place in the system of legal principles that regulate the activity of youth parliaments. As a result of the study the conclusion is made that the principle of legality, which is basic for youth parliaments, has an important normative-organizing impact on the organization of youth parliaments in the regions of the Russian Federation.
Keywords: legality, the principle of legality, principle of law, principle of parliamentarism, principle of youth parliamentarism, youth, youth parliamentarism.
Bibliographic list of articles
1. Avakyan S. A. Constitutional lexicon: State-legal terminological dictionary. – M.: Justitsinform, 2015. – P. 295-296.
2. Bateeva E. V. Legality and constitutional justice in modern Russia: abstract. dis. …cand. legal Sci. – M., 2003. – P. 6.
3. Great Soviet Encyclopedia (in 30 volumes). Ch. ed. A. M. Prokhorov. Ed. 3rd. – M.: “Soviet Encyclopedia”, 1972. – T. 9. – P. 306.
4. Vlasova T. V. The principle of legality in the context of the rule of law // Agrarian and land law. – 2019. – No. 11 (179). – P. 38.
5. Gagieva. N. R. Principle 3legality in civil procedural law // Business in law. – 2012. – No. 2. – P. 58-61.
6. Gainetdinova K.V., Nagornaya M.S. Features of the implementation of the principles of civil society in the Russian Federation and foreign countries // Bulletin of the Council of Young Scientists and Specialists of the Chelyabinsk Region. – 2022. – No. 2 (37). T. 2. – P. 39.
7. Gumerov T. A. Administrative law: a short course of lectures. – Kazan: Magarif – Vakyt, 2014. – pp. 15-17.
8. Zhinkin S. A., Vysotskaya L. P. On the characteristics of civil society in the context of the implementation of the principles of the rule of law in modern Russia // Bulletin of the Faculty of Law of the Southern Federal University. – 2020. – T. 7. No. 4. – P. 12-16.
9. Zemtsova L. N. Financial and legal principle of legality of banking activities: current research objectives // Bulletin of the Saratov State Law Academy. – 2013. – No. 1 (90). – pp. 154-158.
10. Ignatovich G. F. The essence of the constitutional principle of legality: legality or constitutionality // Bulletin of the Volga Academy of Public Service. – 2010. – No. 4 (25). – P. 83.
11. Kanubrikov V. A. The principle of legality in criminal law of Russia: theoretical and law enforcement problems: abstract. dis. …cand. legal Sci. – Rostov-on-Don, 2011. – P. 8.
12. Kartashkin V. A. Human rights and principles of international law in the 21st century: monograph. – Moscow: Norma: INFRA-M, 2022. – P. 116.
13. Kartashov V. M. Implementation of legality in the conditions of building a social state in Russia: abstract. dis. …cand. legal Sci. – Rostov-on-Don, 2005. – P. 6.
14. Kuzmina M. Yu. The idea of legality in Western European and Russian legal cultures: abstract. dis. …cand. legal Sci. – M., 2011. – P. 11.
15. Kupriyanov A. A. Implementation of the principle of legality in criminal law: abstract. dis. …cand. legal Sci. – M., 2006. – P. 7-9.
16. Kurtiyan O. V. Features of the implementation of the principle of legality in the activities of the Constitutional Court of the Russian Federation // Bulletin of the Chelyabinsk State University. – 2016. – No. 2. – P. 18-21.
17. Maly D. A. Legality as a constitutional principle // International scientific journal “Symbol of Science”. – Saransk, 2015. – No. 6. – P. 234-235.
18. Minaeva S. A. Procedural activities of the head of the investigative body to ensure the rule of law in pre-trial proceedings: abstract. dis. …cand. legal Sci. – M., 2014. – P. 3.
19. Mukhachev I.V., Akritov A.S. Youth parliamentarism is an element of civil society in the constitutional law of Russia // Bulletin of the Stavropol State University. – 2011. – No. 76. – P. 202.
20. General theory of law and state: textbook. / Ed. V. V. Lazareva. M., 2001.
21. Gadfly A.V. The principle of legality in public law: abstract. dis. …cand. legal Sci. – Kazan, 2005. – P.11.
22. Omarov A. O. The role of the prosecutor’s office in ensuring constitutional legality in the Russian Federation: abstract. dis. …cand. legal Sci. – Makhachkala, 2005. – P.3.
23. Fundamentals of state and law: textbook / Rep. ed. A. V. Kornev. – Moscow: Prospekt, 2022. – P. 39.
24. Paliy V. M. Application of law as a condition and form of implementation of the principles of civil society in the Russian Federation // Society and Law. – 2016. – P. 20.
25. Popov V.I. Law in ensuring communication between the state and civil society: monograph. – Moscow: Prospekt, 2023. – 208 p.
26. Principles of public law: monograph / Ed. E. V. Titova, T. P. Podshivalova. – Moscow: Prospekt, 2019. – P. 152.
27. Postnikov A. E., Bondar N. S., Pomazansky A. E. et al. Reform of the organization of public authorities: main directions of implementation: monograph / Responsible. ed. A. E. Postnikov, L. V. Andrichenko; Institute of Legislation and Comparative Law under the Government of the Russian Federation. – Moscow: Norma: INFRA-M, 2023. – 200 p.
28. Sivitsky V. A., Ilyin A. V. Principles of legal regulation in the structure of the federal law: monograph. – M.: Justitsinform, 2011. – 232 p.
29. Suleymanova S. R. Youth public associations of Russia and other CIS countries: monograph. – Moscow: Prospekt, 2023. – 152 p.
30. Suleymanova K. M. The principle of legality in the science of civil procedure // Legal science. – 2016. – No. 6. – P. 170-176.
31. Tagi-zade A. D. The principle of justice and legality in the philosophy of law // Humanitarian and social sciences. – 2011. – No. 6. – P. 80.
32. Tetkin D.V. Legality as a real expression of law: abstract. dis. …cand. legal Sci. – Saratov, 2007. – P.9.
33. Tikhovodova A.V. Specificity of institutions of interaction between civil society and the state in modern Russia // Bulletin of VGAVT. – 2013. – Issue 34. – P. 88.
34. Tumurov Zh. T. Functional characteristics of youth parliamentarism in the modern political system // Bulletin of the Transbaikal State University. – 2015. – 129-130.
35. Ushakov D. N. Large explanatory dictionary of the modern Russian language. – M.: “Aleta-Print”, 2007. – VIII. – P. 241.
36. Khabibullina G. R. General legal principles and constitutional justice in the constituent entities of the Russian Federation: monograph. – Moscow: Prospekt, 2021 – P. 265.
37. Tsaturyan T. M. General legal principle of legality: concept and essence // Business in law. Economic and legal journal. – 2014. – No. 2 – P. 113-115.
38. Legal dictionary-reference book for state and municipal employees / Ed. A. V. Malko, S. E. Channova. – 2nd ed., revised. and additional – Moscow: Prospekt, 2023. – pp. 50-51.
39. Yashina I. A. The principle of legality in the judicial process: constitutional interpretation: abstract. dis. …cand. legal Sci. – Saratov, 2015. – P. 11-13.
CONSTITUTIONAL LAW
GABIEVA Siyasat Magomedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GADZHIEVA Saida Ilyasovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
INTERACTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION WITH THE PRESIDENT OF RUSSIA
The article discusses some aspects of interaction between the President of Russia and the Constitutional Court of the Russian Federation. Attention is drawn to the changes introduced by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated March 14, 2020. The relevance of the topic of the article is due to the fact that the interaction of the Constitutional Court of the Russian Federation and the President of the Russian Federation is aimed at achieving common goals related, among other things, to the protection of rights and freedoms person. The forms of such interaction are listed. The important status of the President of the Russian Federation in this interaction is emphasized. Attention is focused on promising areas of this interaction. Some changes are proposed aimed at ensuring the independence of judges and harmonizing relations between the Constitutional Court and the President in the exercise of their powers. Conclusions are drawn about the need to improve legislation, methods and forms of interaction between the Constitutional Court and the President of the Russian Federation.
Keywords: The Constitution of Russia, the Constitutional Court of the Russian Federation, amendments to the Constitution of the Russian Federation, the President of the Russian Federation, state bodies, mutual powers.
Bibliographic list of articles
1. Asryan E. A. On the issue of some problems of constitutional and legal responsibility of the President of the Russian Federation // Questions of science and education. – 2021. – No. 28 (153). – pp. 11-15.
2. Baibakova M. B. Problematic aspects of the independence of the judiciary // Young scientist. – 2020. – No. 19 (309). – pp. 279-280.
3. Bayanova A. I., Gataullin A. G. On the forms of interaction between the constitutional court of the Russian Federation and state authorities // Tribune of the scientist. – 2022. – No. 6. – P. 156-159.
4. Vostrikov K.V., Biryukov S.V., Wei Yilin. Changes in the status of the presidential institution in modern Russia in the context of the constitutional reform of 2020 // Ethnosocium and interethnic culture. – 2023. – No. 10 (184). – pp. 36-42.
5. Gabieva S. M. Problems of implementing the Constitution of the Russian Federation after the 2020 amendments // Eurasian Legal Journal. – 2023. – No. 7 (12). – pp. 98-100.
6. Kabulov S. L. Constitutional and legal foundations of interaction between the President of the Russian Federation and the judiciary // Law and modern states. – 2022. – No. 2-3. – pp. 28-34.
7. Kondrashev A. A. Theory of constitutional and legal responsibility in the Russian Federation. – Moscow: MSU, 2011. – 472 p.
8. Ostapovich I. Yu. On the issue of interaction between the Constitutional Court of the Russian Federation and the highest legislative body of Russia // Current problems of Russian law. – 2015. – No. 8 (57). – pp. 194-201.
9. Solodko T. I., Poteshkina D. A., Mansurova K. A., Antonets S. V. Constitutional reform in the Russian Federation in 2020: new powers of the Constitutional Court of the Russian Federation // Current scientific research in the modern world. – 2021. – No. 3-3 (71). – pp. 117-122.
10. Tatarinov S. A. On the forms of interaction between the constitutional court of the Russian Federation and the state authorities of the Russian Federation // Bulletin of Tomsk State University. – 2016. – No. 413. – P. 198-204.
11. Mikheeva T. N. Updating the Constitution of Russia: what to expect for the state and society // Bulletin of the Mari State University. Series “Historical Sciences. Legal Sciences”. – 2020. – T. 6. – No. 3. – P. 277-284.
12. Shadrin D. N. Election of judges as an alternative to their appointment // Issues of Russian and international law. – 2016. – No. 3. – S.226-234.
CONSTITUTIONAL LAW
KICHALYUK Olga Nikolaevna
Ph.D. in Law, associate professor, Head of Constitutional and municipal law sub-faculty (branch) of the Don State Technical University in Shakhty
PROGRAM AND POLITICAL ACTS AS A FORM OF IMPLEMENTATION OF THE INTEGRATIVE FUNCTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION
The article examines the acts of the President of the Russian Federation of programmatic and political content, their types and significance in the context of the implementation of the integrative function of the head of state. The issues related to determining the political and legal significance of the annual presidential addresses to the Federal Assembly of the Russian Federation, as well as strategies, doctrines, state programs and concepts adopted in order to realize the national interests of the Russian Federation and approved by decrees of the head of state are analyzed.
Keywords: President of the Russian Federation, decree, message, strategy, doctrine, program, program and political acts.
Bibliographic list of articles
1. Malyutin N. S. Public power Prepared for the ConsultantPlus system // SPS ConsultantPlus. 2024.
2. Chirkin V. E. Legislative power M: Norma, 2008. 335 p.
3. Osetrov S. A. Functions of presidential power in the Russian Federation // Legal Bulletin of Samara University. 2018. No. 1. Volume 4. P. 29-37.
4. Ozhegov’s Dictionary of the Russian Language. [Electronic resource]. – Access mode: slovarozhegova.ru/word.php?wordid=9988 (access date 01/30/2024).
5. Ebzeev B. S. Constitution, power and freedom in Russia: Experience of synthetic research. Moscow: Prospekt, 2014. pp. 212-215.
6. Radchenko V.I. National idea and ideology of the state in the Constitution of the Russian Federation // Vestnik Sarat. state legal acad. 2015. No. 2. P. 110-115.
7. Malko A.V., Gaivoronskaya Ya.V. Doctrinal acts as the main instrument of legal policy // Law. Journal of the Higher School of Economics. 2018. No. 1. P. 4-25.
8. Kichaluk O. N. Acts of the President of the Russian Federation of programmatic and political content: constitutional and legal characteristics // Scientific and methodological electronic journal “Concept”. 2014. T. 20. P. 2486-2490.
9. Umnova (Konyukhova) I. A., Sarantseva V. S. Programmatic, doctrinal and strategic acts of the President of the Russian Federation in the system of constitutional and legal regulation of ensuring civil peace and security // Education and Law. 2016. No. 12. P. 77-84.
10. Usmanova R. M. Political traditions and political norms: their role in the public regulation of public relations // Legal studies. 2012. No. 2. P. 25-48. [Electronic resource]. – Access mode: https://e-notabene.ru/lr/article_139.html (date of access: 01/31/2024).
11. Kozyuk M. N. Problems of urban development and improvement in the political and legal acts of the President of Russia // State power and local self-government. 2019. No. 9. pp. 20-23.
12. Federal Law of June 28, 2014 No. 172-FZ (as amended on February 17, 2023) “On Strategic Planning in the Russian Federation” // Collection of Legislation of the Russian Federation. 2014. No. 26 (part I). Art. 3378.
13. Kudryashova E. V. Legal regulation of strategic planning in the field of public finance: monograph / Responsible. ed. I. I. Kucherov. M.: IZiSP under the Government of the Russian Federation; INFRA-M, 2019. P. 12.
14. Decree of the President of the Russian Federation dated November 8, 2021 No. 633 “On approval of the Fundamentals of state policy in the field of strategic planning in the Russian Federation” // Collection of legislation of the Russian Federation. 2021. No. 46. Art. 7676.
15. Decree of the President of the Russian Federation dated July 21, 2020 No. 474 “On the national development goals of the Russian Federation for the period until 2030” // Collection of legislation of the Russian Federation. 2020. No. 30. Art. 4884.
16. Decree of the President of the Russian Federation dated July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // Collection of legislation of the Russian Federation. 2021. No. 27 (part II). Art. 5351.
17. Order of the Government of the Russian Federation dated May 20, 2023 No. 1315-r “On approval of the Concept of technological development for the period until 2030” (together with the “Concept of technological development for the period until 2030”) // SPS ConsultantPlus. 2024.
18. Decree of the President of the Russian Federation dated December 5, 2016 No. 646 “On approval of the Doctrine of Information Security of the Russian Federation” // Collection of Legislation of the Russian Federation. 2016. No. 50. Art. 7074.
19. Regulations on the council. [Electronic resource]. – Access mode: http://www.kremlin.ru/structure/regulation/1029 (accessed January 29, 2024).
20. Kardashova I.B. Strategic management: reality or myth // Administrative law and process. 2022. No. 7. P. 8-14.
21. Order of the Government of the Russian Federation dated December 21, 2021 No. 3734-r (as amended on October 14, 2023) “On approval of lists of state programs of the Russian Federation, which include areas of activity of federal statesgovernment bodies and (or) other main managers of funds from the federal budget and budgets of state extra-budgetary funds of the Russian Federation // Collection of legislation of the Russian Federation. 2021. No. 52 (part II). Art. 9292.
22. Sadovskaya T. D. National projects: from management decisions to strategic development documents // Financial law. 2022. No. 8. pp. 11-16.
23. Gumerov R. R., Guseva N. V., Martishina A. S. On the coordination of parameters of state programs of the Russian Federation and state programs of the constituent entities of the Russian Federation // Management and business administration. 2020. No. 3. P. 137-147.
CONSTITUTIONAL LAW
MAGOMEDOVA Diana Salimkhanovna
postgraduate student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ABDULAZIZOV Murad Abdulazizovich
postgraduate student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
MAGOMEDOVA Naida Salimkhanovna
postgraduate student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
DEVELOPMENT OF THE PRINCIPLE OF EQUALITY AS A CONSTITUTIONAL VALUE IN THE LEGISLATION ON PUBLIC SERVICE
Modern society strives to ensure the principle of equality before the law as one of the most important constitutional values. This article investigates the evolution of the principle of equality in the context of civil service legislation. It analyzes the historical roots and development of this principle within the framework of constitutional documents, as well as its impact on the structure and functioning of the civil service.
Keywords: development, principle of equality, civil service, Constitution of the Russian Federation, legislation, right, law.
Bibliographic list of articles
1. Akimova Yu. A. Constitutional concept of gender equality // Public service and personnel. – 2018. – No. 2. – pp. 22-24.
2. Andryukhina I. Yu., Karama L. L. Improving approaches to organizing staffing for state authorities and local government // Eurasian Legal Journal. – 2022. – No. 8 (171). – pp. 438-440.
3. Afanasyeva S.A. The right of citizens to equal access to public service in modern Russia // Education and Law. – 2018. – No. 11. – P. 100-110.
4. Kovalev N.S. The principle of equality as a general and sectoral principle // Crime, punishment, correction // Ryazan. – 2019. – pp. 123-126.
5. Petrantsov A. S. On the issue of legal regulation and practical implementation of the principle of actual gender equality in the public service, including service in internal affairs bodies. //Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2023. – No. 1. – P. 209.
6. Khamizova Z. Kh. Features of the definition of public service in modern Russia. Law and law. – 2023. – No. 10. – P. 116-120.
CONSTITUTIONAL LAW
MAGOMEDKHANOVA Zarifa Islamovna
lecturer of the Law College of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE CATEGORY OF “ORIGIN” IN THE CONSTITUTIONAL LAW OF RUSSIA
The article is devoted to the category of “origin” in constitutional law. The consolidation of this category in the Constitution of the Russian Federation tests to the democracy of the Russian state and the value of the institution of human and civil rights and freedoms. The author explores the constitutional and legal content of “origin” in a broad and narrow sense, how human capabilities changed and how differences were established depending on origin. A detailed historical analysis made it possible to come to the conclusion about what is currently understood by “origin”, and how to regard the category of equality regardless of origin.
Keywords: origin, constitution, value, equality, human rights.
Bibliographic list of articles
1. Ushakova D. N. Explanatory dictionary of the Russian language. 1935-1940 // Fundamental electronic library. [Electronic resource]. – Access mode: https://feb-web.ru/feb/ushakov/ush-abc/default.asp (access date: 11/07/2023).
2. Baryshev N. A. The concept of the constitutional principle of equality before the law and the court in the Russian Federation and its content // Journal of Economics Socium. – 2021. – No. 6 (85). – pp. 670-677.
3. Ebzeev B. S. Constitution, power and freedom in Russia: Experience of synthetic research. – M., 2014. – P. 100.
4. Zorkin V.D. Commentary on the Constitution of the Russian Federation (article-by-article). 2nd edition, revised/APDed. V. D. Zorkina. – M.: NORM; Infra-M., 2011. – P. 257.
5. Rousseau J.-J. Social contract. 1762. Livre II, chapter XI. [Electronic resource]. – Access mode: https://fr.wikisource.org/wiki/Du_contrat_social/%C3%89dition_1762/Livre_II/Chapitre_11 (access date: 01/11/2024)
6. Komkova G. N. The category “value” in the constitutional law of Russia // News of Saratov University. New episode. Economics Series. Control. Right. – 2012. – T. 12. No. 2. – pp. 97-99
CONSTITUTIONAL LAW
MIZHAREVA Natalya Vladimirovna
Ph.D. in Law, lecturer of Transport safety sub-faculty of the St. Petersburg University of the MIA of Russia
TO TNE ISSUE OF TNE CONCERT OF INTERACTION BETWEEN SUBJESTS OF PUBLIC AUTHORITU
The article analyzes various types of interaction between the legislative (representative) bodies of state power of the subjects of the Russian Federation and representative bodies of municipalities in the sphere of regional lawmaking..
This concept allows considering the fundamental principles of state functioning in the modern multidirectional dynamics of legal relations of interaction between subjects of public authority.
The proposed analysis of the peculiarities of participation of representative bodies of municipal entities in the legislative activity of the constituent entities of the Russian Federation can be largely useful for further reform of local self-government in the Russian Federation.
Keywords: Russian Federation, Constitution of the RF, regional lawmaking, legislative process, interaction, social interaction, public authority, public interests, legal processes.
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) // The official text of the Constitution of the Russian Federation, as amended on December 14, 2020, was published on the Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 07/04/2020.
2. Averyanov A. N. Systematic knowledge of the world: methodological problems. M.: Politizdat, 1985. 26З p.
Z. Philosophical Dictionary / Ed. M. M. Rosenthal; Ed. Z-e. M.: Politizdat, 1975. 496 p. P. 59.
4. Kozyrev G.I. Social action, interaction, behavior and social control // Sociological studies. 2005. No. 8 (256). P.124-129.
5. Panchenko V. Yu. Legal interaction as a type of social communication: theoretical and legal research: Author’s abstract. dis. . doc. legal Sci. M., 2016. 54 p.
6. Mullashirov R. N. Social interaction in the preparation of future lawyers: modern views on the content of concepts // Problems of modern pedagogical education. 2019. No. 64-2.
pp. 109-110.
7. Konovalchikov Y. A. The concept of legal interaction and its features in constitutional law
// Bulletin of the Moscow State Regional University. Series: Jurisprudence. 2020. No. 1. P.90.
8. Malyavkina N.V. Legal regulation of interaction between government bodies of the constituent entities of the Russian Federation and local governments: Abstract of thesis. . Ph.D. legal Sci. Bel-gorod, 201Z. 2З p.
9. Kazantseva O. L. Interaction of state authorities of the constituent entities of the Russian Federation and local governments in the conditions of state-legal centralization: Author’s abstract. dis. .cand. legal Sci. Barnaul, 2011. 25 p.
10. Collection of legislation of the Russian Federation. 16.0Z.2020. No. 11. Art. 1416. 3Law of the Russian Federation on amendments to the Constitution of the Russian Federation dated March 14, 2020 No. 1-FK3 “On improving the regulation of certain issues of the organization and functioning of public power.”
11. Yugov A. A. Public authorities under Russian legislation: electronic monograph. Kazan: Buk, 2021. 122 p.
12. Kulagin D. A. The effectiveness of the constitutional and legal mechanism for the exercise of public power in Russia: Author’s abstract. dis. . Ph.D. legal Sci. Chelyabinsk, 201Z. P. 9.
1Z. Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation dated October 6, 1999 No. 184-F3 // Collection of Legislation of the Russian Federation dated October 18, 1999 No. 42. Art. 5005.
14. Federal Law of October 6, 2003 No. 1З1-Ф3
“On the general principles of organizing local self-government in the Russian Federation” // Collection of legislation of the Russian Federation dated October 6, 2003 No. 40. Art. З822.
15. Erygina V.I. The constitutional and legal principle of democracy and the problems of its implementation in the legislation of modern Russia // Legal technology. 2020. No. 14. 406 pp.
16. Chirkin V. E. State Studies: Textbook. M.:
“Lawyer”, 1998. 398 p. Filippova N. A. RepresentativeGovernment of the constituent entities of the Russian Federation: doctrinal foundations and features of constitutional and legal regulation: Author’s abstract. dis. . doc. legal Sci. Ekaterinburg, 2011. P. 1Z.
17. Decree of the President of the Russian Federation dated October 15, 1999 No. 1З70 “On approval of the Basic Provisions of State Policy in the Field of Development of Local Self-Government in the Russian Federation” // Collection of Legislation of the Russian Federation dated October 18, 1999 No. 42. Art. 5011. (date of access: 12/21/202З).
18. Decree of the President of the Russian Federation dated May 29, 1997 No. 5Z1 “On the Council for Local Self-Government in the Russian Federation” // Collection of Legislation of the Russian Federation dated June 2, 1997 No.
22. Art. 2571.
19. Filippova N. A. Representation of the constituent entities of the Russian Federation: doctrinal foundations and features of constitutional legal regulation: Author’s abstract. dis. . doc. legal Sci. Ekaterinburg, 2011. P. 1Z.
20. Karasev A. T. Representative power: questions of theory // Society and power. 2011. No. 4 (Z2). P. 82.
21. Conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-3 “On the compliance with the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation “On improving the regulation of certain issues of organization and functioning of public power”, as well as on the compliance with the Constitution of the Russian Federation of the procedure for the entry into force of Article 1 of this law in connection with the request of the President of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_З47691/ (date of access: 07.20.202З).
22. Rules of Procedure of the State Duma // State Duma of the Federal Assembly of the Russian Federation: official website. [Electronic resource].
– Access mode: http://duma.gov.ru/duma/about/regulations/ (date of access: 09.28.202З).
2Z. Lang P. P. Special proceedings in the legal process: theoretical and legal research: Author’s abstract. dis. . Ph.D. legal Sci. Kazan, 2017. N.W. W9 p.
CONSTITUTIONAL LAW
PIDUROV Temir Lachinovich
is a magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOVA Elvira Tazhutdinovna
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 THE IMPLEMENTATION OF THE ELECTORAL RIGHT IN THE RUSSIAN FEDERATION
This article is dedicated to the problems of the implementation of the electoral right in the Russian Federation. As a result of the research conducted, the authors proposed to consider electoral law as a set of legal norms enshrined in the normative legal acts of the Russian Federation regulating public relations developing in the field of the electoral process, including the regulation of the activities of the subjects of the electoral process, the establishment of their rights and obligations during elections to state authorities and local self-government bodies. The article also discusses some problems of the implementation of active suffrage by citizens with disabilities.
Keywords: suffrage, active suffrage, passive suffrage, elections, voting.
Bibliographic list of articles
1. Pervusheva V. A. The problem of lack of demand for electoral rights by young Russian voters: causes, consequences, adjustment methods // Elections: theory and practice. – 2023. – No. 2 (60). – pp. 77-80.
2. Kiselev N. A. Electoral rights of citizens: concept, principles, guarantees // Modern jurisprudence: current issues, achievements and innovations: collection of articles of the V International Scientific and Practical Conference. – 2018. – No. 1. – P. 116-119.
3. Sennikova D. V. Problems of ensuring active electoral rights of citizens with disabilities in the constituent entities of the Russian Federation // Bulletin of Tomsk State University. – 2020. – No. 450. – P. 234-240.
4. The Youth Election Commission of the Saratov Region together with the Saratov organization of disabled people “You are not alone” organize the work of volunteers at polling stations for the elections of the President of the Russian Federation on March 18, 2018 // Website of the Election Commission of the Saratov Region. [Electronic resource]. – Access mode: http://www.saratov.izbirkom.ru/docs/3152/ (date of access: 11/10/2023).
5. National public monitoring “About 2,600 disabled people will vote at home in Nizhnekamsk.” [Electronic resource]. – Access mode: https://nom24.ru/info/region_news/v-nizhnekamske-na-domu-progolosuyut-okolo-2600-invalidov/?sphrase_id=3137 (date of access: 11/10/2023).
6. Bogdan K. B. Problems of implementing active suffrage by disabled people in the Russian FederationFederation // Human rights: history, theory, practice: Collection of scientific articles of the XI All-Russian scientific and practical conference. – Kursk, 2023. – P. 132-138.
CONSTITUTIONAL LAW
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor of General theoretical and state legal disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
MIGAL Anna Yurjevna
magister student of the 3rd course of the East Siberian branch of the Russian State University of Justice, Irkutsk
THE ROLE OF PRESS SERVICES IN THE PROCESS OF BUILDING CITIZENS’ TRUST IN PUBLIC AUTHORITIES
The article examines the problems associated with the formation of citizens’ trust in public authorities with the help of press services. It is noted that the protection of the information space and the restriction of the receipt of false information on the Internet is an important task of the state, since it is through the activities of the press services that the population receives more information. Therefore, there is a need to comply with the rules of effective communication by all authorized specialists in modern conditions in order to establish a trusting attitude of citizens towards the activities of public authorities.
Keywords: press services, public authority, state, trust, public administration.
Bibliographic list of articles
1. Achkasova V. A., Korneeva K. V. Reputation and image of power. Media formation strategies // Management consulting. – 2017. – No. 1. – P. 159-165.
2. Voroshilov V.V. Modern press service. – M.: KNORUS, 2017. – 221 p.
3. Korkonosenko S. G. Fundamentals of journalism. – M.: Aspect-Press, 2002. – 287 p.
4. Krivonosov A., Filatova O., Shishkina M. Fundamentals of the theory of public relations. – St. Petersburg: Peter, 2010. – 384 p.
5. Milova O. A. PR services in government bodies: goals, objectives, functions // Ogarev-Online. – 2018. – No. 6 (111). – pp. 8-14.
6. Murtazina G. F. Power and media: problems and opportunities for interaction // Scientific community of students. – 2020. – No. 1. – P. 123-133.
ADMINISTRATIVE LAW
AYSANOV Adil Serikovich
senior researcher of the Department for the Study of Problems of Regulatory, Legal and Analytical Support of the Federal State Budgetary Institution “NC BDD of the MIA of Russia”
MALIKOV Shamil Emilevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOME ASPECTS OF THE RESPONSIBILITY OF PASSENGER TAXI AGGREGATORS IN RUSSIA
Road accidents are one of the most discussed issues among theoretical scientists and practitioners. Road traffic accidents (hereinafter referred to as accidents) involving taxi cars cause a wide resonance among the population. The problem of determining the responsibility of passenger taxi aggregators remains relevant, due to their somewhat ambivalent position within the framework of the legal relationship for the carriage of passengers and goods. This participant is subject to two parallel legal relations arising directly from the execution of the contract of carriage, where the carrier provides the service in relation to the passenger or cargo, as well as when providing direct services to an aggregator acting in relation to both parties – both the carrier and the passenger.
Keywords: passenger transportation, taxi, aggregators, carrier, traffic accidents, service sector, safety.
Bibliographic list of articles
1. Analysis of the taxi market in Russia in 2018-2022, forecast for 2023-2027. under sanctions. Detailing by city (Businessstat) // Research Store. [Electronic resource]. – Access mode: https://marketing.rbc.ru/research/28065/ (access date: 11/17/2023).
2. Analytical review of the VTsIOM survey “Taxi in Russia” // VTsIOM News. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/taksi-v-rossii-mnenie-polzovatelei (access date: 11/17/2023).
3. Living English-Russian dictionary of computer technology, information technology and communications under the general editorship of V. A. Dmitriev. [Electronic resource]. – Access mode: http://www.morepc.ru/dict/index.php (access date: 11/10/2023).
4. Bill No. 864868-7 “On amendments to the Code of the Russian Federation on Administrative Offenses (in connection with the improvement of state regulation of the activities of transporting passenger taxis and the activities of passenger taxi ordering services)” // SOZD GAS “Legislation”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/864868-7 (date of access: 08.11.2023).
5. Kiryak S. Taxi ordering services: what and how they are responsible // Internet portal “Legal News” (Pravo.ru). [Electronic resource]. – Access mode: https://pravo.ru/auto/story/240799/ (date of access: 11.11.2023).
6. Kuznetsova N. G. Legal status of an aggregator of information about goods (services, works, digital content) and its pre-contractual obligations // Legal studies. 2018. No. 3. P. 1-15.
7. Ruling of the Supreme Court of the Russian Federation dated January 09, 2018 No. 5-KG17-220 // Official website of the Supreme Court of the Russian Federation (Bank of decisions). [Electronic resource]. – Access mode: https://vsrf.ru/stor_pdf.php?id=1618800 (date of access: 09.11.2023).
8. Ruling of the Supreme Court of the Russian Federation No. 305-ES23-8620 in case No. A40-94657/2022 // Official website of the Supreme Court of the Russian Federation (Bank of decisions). [Electronic resource]. – Access mode: https://vsrf.ru/stor_pdf_ec.php?id=2281500 (date of access: 09.11.2023).
9. Report of the Analytical Center for the Government of the Russian Federation for 2021. [Electronic resource]. – Access mode: https://ac.gov.ru/uploads/pdf/Taxi_14.04.pdf (date of access: 11.11.2023).
10. Resolution of the Arbitration Court of the Moscow District in case No. A40-146579/16 dated February 21, 2017 // ATP “Consultant Plus”. [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=AMS&n=263068 (date of access: 11.11.2023).
11. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 26 “On some issues of application of legislation on the contract for the carriage of goods, passengers and luggage by road and on the contract of transport expedition”, adopted on June 26, 2018 // Official website of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/26967/ (date of access: 09.11.2023)
12. Explanatory dictionary of foreign words by L. P. Krysin. M: Russian language, 1998. [Electronic resource]. – Access mode: https://www.slovorod.ru/dic-krysin/krys-a.htm (date of access: 11/10/2023).
13. Federal Law of December 29, 2022 No. 580-FZ “On the organization of transportation of passengers and luggage by passenger taxis in the Russian Federation, on amendments to certain legislative acts of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation” // Collection of legislation Russian Federation. No. 1. Part 1. 2023. Art. 27.
14. Road traffic accident rate in the Russian Federation for 2022. Information and analytical review. M.: FKU “NC Road Traffic Safety Center of the Ministry of Internal Affairs of Russia”, 2023. 150 pp.
15. Dashkov T.K., Mursalimov A.T. Domestic and foreign experience in combating road accidents // Ensuring the safety of road users: to the 100th anniversary of the Rules of the Road. Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. Tyumen, 2020. P. 235.
16. Yakimov A. Yu. Analysis of definitions of concepts and terms relating to various subjects and objects that participate in road traffic // Road Safety. 2023. No. 1. P. 21-27.
ADMINISTRATIVE LAW
BAGISHEV Oleg Alexeevich
Ph.D. in Law, associate professor of Legal regulation of business and applied jurisprudence sub-faculty of the Moscow Financial and Industrial University “Synergy”
FEATURES OF ADMINISTRATIVE AND LEGAL LIABILITY OF LEGAL ENTITIES IN BUSINESS ACTIVITIES
This article is devoted to the analysis of the features of administrative and legal liability of legal entities in the field of entrepreneurial activity, with a focus on antimonopoly legislation. The author explores current problems associated with the application of administrative and legal liability to legal entities, especially in the context of antimonopoly legislation. It examines the basic rules and regulations governing business activities and combating unfair competition in the market.
Keywords: administrative and legal liability, legal entities, entrepreneurship, antimonopoly legislation, protection of competition.
Bibliographic list of articles
1. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on July 1, 2021) // Collection of Legislation of the Russian Federation. – 2002. – No. 1 (part 1). – St. 1.
2. Administrative law of the Russian Federation: textbook for bachelors / Ed. A. Yu. Sokolova. – 2nd ed., revised. and additional – M.: Norma: INFRA-M, 2018. – 352 p.
3. Bratanovsky S.N., Bratanovskaya M.S., Kondzhakulyan K.M. Administrative law: workshop. – M.: RUSAINS, 2021. – 134 p.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for the Organization of scientific and editorial-publishing activities of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
Ryklina Anna Anatoljevna
student of the Crimean branch of the Russian State University of Justice
ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF VIOLATION OF THE ORDER OF TRANSPORTATION OF MEDICINES
The article discusses some aspects of the transportation (transportation) of medicines. The article examines the national regulatory framework, as well as judicial practice and statistics in this area. The administrative responsibility for violation of the order of transportation of medicines is analyzed in detail. The ambiguity of opinions on the issue of compulsory licensing of transport services transporting medicines has been revealed. Based on the results of the study, conclusions and proposals have been made to solve the identified problems that will improve legal relations in this area.
Keywords: medicines, transportation of medicines, pharmaceutical transportation, turnover of medicines, administrative responsibility
Bibliographic list of articles
1. Evsikova E. V., Chuiko A. A. On the issue of registration of reference medicinal products // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 110-112.
2. Lugovaya N.N. A pharmaceutical license is required for the transportation of drugs // Pharmacy: accounting and taxation. – 2021. – No. 9. – P. 30-34.
3. Kivich Yu. V. Measures of administrative and legal prevention of offenses encroaching on public order and public safety, their place in the law enforcement mechanism // Humanitarian, socio-economic and social sciences. – 2015. – No. 7. – P. 102-106.
ADMINISTRATIVE LAW
POLIKARPOV Denis Igorevich
senior lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
KHALITOV Oleg Firuzovich
senior lecturer of Pedagogy and psychology in the activities of employees of the department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
NAUMOV Sergey Ivanovich
senior lecturer of Psychology and pedagogy sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
FEATURES OF THE IMPLEMENTATION OF ADMINISTRATIVE LEGISLATION FOR VIOLATIONS OF THE USE OF PYROTECHNIC PRODUCTS
The article discusses the implementation of administrative legislation in the field of pyrotechnic products within the framework of existing regional restrictions. The approaches to the manifestation of signs of “petty hooliganism” in events accompanied by the use (application) of pyrotechnic products by citizens and organizations during the period of restrictions are determined. Public relations in this area of legal knowledge affect not only the state of “normal” life of society, but also staying in special conditions that require calmness and exclusion of correlation of pyrotechnic products with the use of weapons. Since the special military operation (SVO), many regional authorities and municipalities have refused to use pyrotechnics during mass, national and regional events. It is necessary to apply measures of influence to violators of these restrictions. When making a decision on bringing citizens to administrative responsibility, it is necessary to use a legal approach to determining the criteria for the occurrence of an administrative offense event, involving the correlation of qualifying features with a section of the codified act, based on the affected area of public interest.
Keywords: administrative legislation, the use of pyrotechnic products, signs of “petty hooliganism”, regional restrictions on the use of pyrotechnics.
Bibliographic list of articles
1. Aliev V. M. Constitutional and criminal legal aspects of the protection of rights and freedoms of man and citizen // Russian investigator. – 2017. – No. 20. – P. 26-31.
2. Vasilyeva Ya. V. Improving the legislation of the constituent entities of the Russian Federation on administrative offenses (based on materials from the North-Western Federal District). – M.: Jurisprudence, 2018. – 192 p.
3. Voplenko N. N. Essays on the general theory of law. – Volgograd: VolSU Publishing House, 2009. – P. 420.
4. Constitutional law: university course: textbook: in 2 volumes / Ed. A. I. Kazannika, A. N. Kostyukova. – M.: Prospekt, 2015. – T. 2. – 528 p.
5. Lipinsky D. A., Chuklova E. V. Procedural offense: concept and signs // Bulletin of civil process. – 2017. – No. 4. – P. 39-61.
6. Public interest in administrative law / Under general. ed.: doctor. legal sciences, prof. S. V. Zapolsky, Ph.D. legal sciences, prof. N. G. Salishcheva, Ph.D. legal Sciences, prof., honored. Russian lawyer V.V. Alkhimenko.– M.: Inst. state and Law RAS, Academic Legal Institute, 2015. – P. 198.
7. Rudenko A. V. Compliance with legal certainty in the legislation of the constituent entities of the Russian Federation on administrative offenses in decisions of the Supreme Court of the Russian Federation // Lex russica. – 2018. – No. 6. – P. 72-81.
8. Umanskaya V. P. Balance of public and private interests in administrative law // Power of the Law. – 2017. – No. 1. – P. 69-79.
ADMINISTRATIVE LAW
TARABORIN Roman Sergeevich
Ph.D. in Law, associate professor, Head of Public law sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
TEPLYAKOV Igor Igorevich
Ph.D. in Law, associate professor, associate professor of Public law sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
KHVASTUNOV Konstantin Valerjevich
Ph.D. in Law, associate professor of Public law sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
CHARACTERISTICS OF THE RIGHTS OF MILITARY PERSONNEL IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE OF STATE CONSTRUCTION
The presented study reveals the normative and doctrinal characteristics of the rights of military personnel as a special category of civil servants in the Russian Federation at the present stage of state construction. The views of modern public law researchers on the content of the category “military rights”, their types and classifications are summarized. The author’s classification of the rights of military personnel in the Russian Federation is given, divided into general and special rights. In conclusion, it is noted that currently the mechanism for legal regulation of these rights of military personnel contains certain defects (for example, related to ensuring the principle of fairness in the payment of military personnel, in the assignment of long-service pensions, in the implementation of the right to housing, etc.).
Keywords: military personnel, rights, obligations, legal status, Armed Forces of the Russian Federation, legislation, guarantees.
Bibliographic list of articles
1. Kutsenko A. A. Fundamentals of the legal status of a military man // Science and education today. – 2018. – No. 12. – P. 96-98.
2. Pechenev I.V. On the implementation of the constitutional principle of equality in the socio-economic rights of military personnel (review of the main provisions of the results of the author’s scientific research) // Military Law. – 2012. – No. 2. – P. 15-36.
3. Shurygin V.I. Functions of monetary allowance for military personnel of state security agencies and the factors that determine it // State service and personnel. – 2019. – No. 2. – P. 169-171.
4. Karebina S.I. The essence and specificity of the legal regulation of pension provision for military personnel in the Russian Federation // Bulletin of the Magistracy. – 2019. – No. 4-2 (91). – pp. 179-182.
5. Tishkin P.I. Realization of the right of military personnel to housing // Bulletin of Tomsk State University. – 2010. – No. 339. – P. 106-109.
6. Kozyrev E.V. Regulation of the rights of military personnel to health care and medical care // World Science. – 2020. – No. 12 (45). – pp. 186-189.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol, Honored lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE ISSUE OF THE IMPLEMENTATION OF ADMINISTRATIVE DISCRETION IN THE CONTEXT OF DIGITALIZATION
The article attempts to conduct a scientific study of the theoretical aspects and problems of the legal implementation of legal relations in the field of administrative discretion in the context of digital transformation. The authors study modern theoretical approaches of administrative scientists to understanding the category of “administrative discretion” and reveal the practical problems of implementing administrative discretion in the context of digitalization. Based on the analysis, the authors have developed proposals for improving public legal relations in the field of administrative discretion in the context of digitalization.
Keywords: administrative discretion, limits of administrative discretion, subject of public authority, digitalization.
Bibliographic list of articles
1. Shershenevich G.F. General theory of law. – M., 1995. – P. 35.
2. Lazarev B. M. Competence of management bodiesmanagement. – M.: Legal. lit., 1972. – 280 pp.
3. Tikhomirov Yu. A. Management decision. – M.: Nauka, 1972. – 288 p.
4. Solovey Yu. P. Discretion in the administrative activities of the Soviet police: abstract. dis. …cand. legal Sciences: 12.00.02. – M., 1982. – 24 pp.
5. Girvits A. V. Concept, signs and classification of administrative discretion // Bulletin of the Omsk Legal Academy. – 2014. – No. 4 (25). – pp. 32-35.
6. Shchukina T.V. Administrative discretion and its manifestation in administrative procedures: new transformations in the conditions of the digital state and information society // Legal science. – No. 2. – P. 137-141.
7. Rudman M. N., Valieva M. S. Problems of determining the limits of administrative discretion of civil servants // International Journal of Humanities and Natural Sciences. – 2019. – No. 12-14 (39). – pp. 135-138.
8. Evsikova E. V. Digitalization of proceedings in cases of administrative offenses: problems of theory and practice // LegalTech: scientific solutions for professional legal activity: Collection of reports of the IX Moscow Legal Forum in 4 parts, Moscow, April 14-16, 2022 . Volume Part 2. – Moscow: Moscow State Law University named after O. E. Kutafin (MSAL), 2022. – P. 50-52.
9. Kramer Urs, Mitskevich Lyudmila A., Vasilyeva Anna F. 2019. “Electronic forms in the administrative process of Russia and Germany.” Bulletin of St. Petersburg University. Law 4: 756-780. https://doi.org/10.21638/spbu14.2019.410.
ADMINISTRATIVE LAW
TSYGANOVA Lyudmila Yurjevna
postgraduate student, the Department of Constitutional and Administrative Law Baikal State University, Irkutsk
ON THE RIGHT OF LEGISLATIVE INITIATIVE OF THE HUMAN RIGHTS COMMISSIONERS IN THE SUBJECTS OF THE RUSSIAN FEDERATION
The article examines the issue of granting human rights commissioners in the constituent entities of the Russian Federation the right to submit a legislative initiative to the legislative body of “their” constituent entity of the Federation. The research uses general scientific, as well as special legal methods of cognition. It is concluded that the transfer by the federal legislator of the question of whether the Commissioner for Human Rights is a subject of the right of legislative initiative in the legislative body of the subject of the Federation to the level of subject regulation is not an indisputable decision . Since the improvement of legislation in the field of protection of human and civil rights and freedoms is one of the activities of regional human rights commissioners, the issue of granting them the right to legislative initiative remains relevant and requires attention.
Keywords: protection of rights and freedoms, state human rights activities, the Commissioner for Human Rights in the subject of the Russian Federation, the right of legislative initiative, the legislative body of the subject of the Russian Federation.
Bibliographic list of articles
1. Buyankina E. S. Formation and development of the institution of the Commissioner for Human Rights in the constituent entities of the Russian Federation: abstract. dis. …cand. legal Sciences: 12.00.02. – Chelyabinsk, 2006. – 28 p.
2. Markhheim M.V., Novikova A.E. Forms and methods of activity of the Commissioner for Human Rights in the constituent entities of the Russian Federation // State power and local self-government. – 2009. – No. 5. – P. 38-42. – EDN KPAAGD.
3. Kulishenko E. A. Constitutional and legal transformations of the institution of the Commissioner for Human Rights in Russia: dis. …cand. legal Sciences: 12.00.02. – Belgorod, 2021. – 181 pp.
4. Moskalkova T. N. The Institute of Commissioners for Human Rights – a new stage of development // Bulletin of the Commissioner for Human Rights in the Russian Federation. – 2021. – No. 10. – P. 9-16.
5. Zrazhevskaya T. D., Belonozhkin V. I., Kolobova T. V. Methodological foundations for organizing the effective activities of regional ombudsmen for human rights in modern conditions. – Moscow: Limited Liability Company “Prospekt”, 2020. – 208 p. – ISBN 978-5-392-31824-7. – EDN TZFIYC.
6. Ivanova L. A. Determining the effectiveness of normative acts in the process of legal monitoring: abstract. dis. …cand. legal Sciences: 12.00.01. – Moscow, 2011. – 25 p.
ADMINISTRATIVE PROCESS
BEKMAN Olga Andreevna
lecturer of General legal disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
PILYUGINA Yuliya Gennadievna
Ph.D. in philosophical sciences, lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia.
ON THE ISSUE OF DETERMINING THE CONTENT AND STRUCTURE OF THE SUBJECT OF ADMINISTRATIVE PROCEDURAL LAW
The article examines certain aspects of administrative procedural relations as a subject of an independent legal branch – administrative procedural law. The relationship between the substantive norms of administrative law and the content of the subject of administrative procedural law has been analyzed, on the basis of which it has been proven that the subject of administrative procedural law is a much more complex structural phenomenon. The concept of the subject of administrative procedural law is formulated.
Keywords: branch of law, legal process, administrative procedural relations, procedural norm.
Bibliographic list of articles
1. Panova I. V., Panov A. B. Administrative procedural law: subject and method // Public law today. – 2023. – No. 4 (18). – pp. 67-74.
2. Tkachenko V. I. Subject of administrative procedural law: realities and prospects // Bulletin of the Lugansk Academy of Internal Affairs named after E. A. Didorenko. – 2016. – No. 1 (1). – pp. 133-142.
3. Marifkhonov R. N. Modern approaches to determining the content and structure of the subject of administrative procedural law // Bulletin of the University (Russian-Tajik (Slavic) University). – 2018. – No. 2 (62). – pp. 48-54.
ADMINISTRATIVE PROCESS
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ARGUMENTS FOR AND AGAINST THE ADMINISTRATIVE PROCEDURE CODE OF THE RUSSIAN FEDERATION
The Administrative Procedure Code of the Russian Federation is a legislative act that establishes the procedure for considering and resolving administrative cases. Its adoption generates debate and differing views on its effectiveness and relevance. This article examines the arguments for and against this code, while relying on doctrinal sources.
Keywords: administrative procedural code of the Russian Federation, offenses, improvement of current legislation.
Bibliographic list of articles
1. Sorokin V.D. Administrative procedural law: Textbook for legal higher educational institutions. 2nd ed., revised. and additional – St. Petersburg: R. Aslanov Publishing House “Legal Center “Press”, 2008. P. 204. For the first time, a similar definition was presented in the work of V. D. Sorokin: Problems of the administrative process. – M.: Legal literature, 1968. – P. 71 – 72.
2. Salishcheva N. G. Problematic issues of the administrative process // Administrative law and administrative process: current problems / Responsible. ed. L. L. Popov and M. S. Studenikina. – M.: Yurist, 2004. – P. 221 – 232.
3. Salishchev N. G. On some theoretical issues of the administrative process at the present stage of development of the Russian legal system // Current problems of administrative and administrative procedural law: Materials of the annual All-Russian scientific and practical conference dedicated to the memory of the Honored Scientist of the Russian Federation V.D. Sorokina: In 2 hours. Part 1. – St. Petersburg: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2010. – P. 27-28.
4. Grishkovets A. A. On the issue of the so-called “administrative tort law” // Bulletin of the All-Russian Inspectorate of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (53). – pp. 54-61.
ADMINISTRATIVE PROCESS
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF THE NEED FOR AN EXAMINATION OF THE PRESCRIPTION OF DOCUMENTS
Issues of the need to conduct an examination of the limitation of various documents quite often arise during the consideration of economic disputes arising from civil law contracts. An examination of how old a document was made can eliminate doubts about the age and authenticity of documents. Hence, the prospect of replenishing the debtor’s bankruptcy estate depends on determining how long ago documents were produced when considering separate disputes in a bankruptcy case.
Keywords: factual circumstances of the case, examination of the limitation of documents, bankruptcy creditor, invalid transaction, debtor, bankrupt, expert opinion.
Bibliographic list of articles
1. Dadayan E.V., Storozheva A.N. On the issue of the reliability of evidence confirming the fact of execution of design work // Current issues of Russian legal proceedings: proof using modern technologies. Materials of the All-Russian (national) scientific and practical conference. – Krasnoyarsk, 2022. – P. 42-45.
CIVIL LAW
ARSENJEVA Galina Vitaljevna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
KHRAMOVA Irina Sergeevna
Ph.D. in Law, associate professor, associate professor of Civil law and legal regulation of innovation activities sub-faculty of the V. N. Tatishchev Astrakhan State University
LOSSES AS AN ELEMENT OF THE STRUCTURE OF THE INSTITUTION OF RESPONSIBILITY IN BUSINESS COMPANIES
The article is devoted to the study of legal, doctrinal and law enforcement aspects of the legal category of losses as an element of the liability structure in business companies. Legal regulators are identified, problems of a definitive sense, reflected in the practice of law enforcement, are identified. The author’s hypothesis for the introduction of the term “losses” as an element of responsibility in economic companies is proposed.
Keywords:economic companies, liability, losses, corporate liability, regulations
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) // Rossiyskaya Gazeta dated July 4, 2020, No. 144.
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on July 24, 2023) // Russian newspaper dated December 18, 1994 No. 238-239.
3. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on December 25, 2023) // SZ RF. 01/07/2002. No. 1 (part 1). Art. 1.
4. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on January 30, 2024) // SZ RF. 01/07/2002. No. 1 (part 1). Art. 3.
5. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 25, 2023) // SZ RF. 06/17/1996. No. 25. Art. 2954
6. Federal Law of December 26, 1995 No. 208-FZ “On Joint-Stock Companies” (as amended on December 25, 2023) // SZ RF. 1996 No. 1. Art. 1.
7. Federal Law of 02/08/1998 No. 14-FZ “On Limited Liability Companies” (as amended on 06/13/2023) // SZ RF. 02/16/1998. No. 7. Art. 785.
8. Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (as amended on December 25, 2023) // SZ RF. 10/28/2002. No. 43. Art. 4190.
9. Resolution of the Constitutional Court of the Russian Federation dated December 13, 2016 No. 28-P. [Electronic resource]. Access mode: http://www.consultant.ru/ (date of access: 01/13/2024)
10. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 No. 53 “On some issues related to holding persons controlling the debtor liable in bankruptcy” // Bulletin of the Supreme Court of the Russian Federation. No. 3. March. 2018.
11. Abakumova E. B. On the principle of independence of responsibility of the general director of a business company // Bulletin of Surgut State University. 2021. No. 3 (33). P. 71.
12. Dolotov R. O. Criminal liability of shareholders / participants of business societies for theft of property of their companies // Criminal law. 2017. No. 1. P. 60.
13. Leskova Yu. G., Zhukova Yu. D., Pavlova K. P. Civil liability of members of management bodies of business entities: trends in the development of Russian legislation and experience of foreign countries // Bulletin of Perm University. Legal sciences. 2018. No. 40. P. 270.
14. Turbina I. A. Policy of rule-making in civil legislation on the responsibility of executive bodies of business entities // Science and education: economy and economics; entrepreneurship; law and management. 2016. No. 1 (68). pp. 96-100.
CIVIL LAW
GORSHKOV Dmitriy Alexandrovich
General Director of “Gorshkov and Partners” Law Firm, competitor of Business law sub-faculty of the Russian State University for the Humanities
PLEDGE MANAGEMENT AGREEMENT AND ASSIGNMENT AGREEMENT
The comparison of such contractual structures as the pledge management agreement and the assignment agreement does not raise questions about the expediency and practical significance: perhaps, the ratio of these agreements can be recognized as the cornerstone problem of the theory of the institution of pledge management, since the establishment of the legal nature of the pledge management agreement directly depends on the solution of the task. The paper deals with the main problems of the correlation of these types of contracts, the signs that distinguish them from each other, as well as the importance of each of the analyzed contractual structures in civil circulation.
Keywords: pledge management agreement, assignment agreement, pledgee, representative office.
Bibliographic list of articles
1. Vasilevskaya L. Yu. Legal qualification of the collateral management agreement // Law. 2016. No. 3. P. 40.
2. Kharitonova Yu. S. Pledge management agreement // Laws of Russia: experience, analysis, practice. 2014. No. 11. P. 17.
3. Shcherbacheva L. V. Management of the right of pledge // Public service and personnel. 2015. No. 1. P. 59.
4. Egorov A.V. The concept of mediation in civil law: dis. …cand. legal Sci. M., 2002. P. 158.
CIVIL LAW
KOVALENKO Mariya Andreevna
junior researcher of the scientific research laboratory “Legal regulation in the context of digitalization” of the Volgograd State University
A HEALTH PROVIDER AS PERSON OF RENDERING TELEMEDICAL CARE: ISSUES OF LEGISLATIVE REGULATION
The article analyzes issues related to the definition of categories of medical professionals who can provide telemedicine care within the framework of general and experimental legal regulation. The author studies the problems of differentiating the responsibilities of the attending physician and the consultant physician. The role of a consultant physician in providing them with telemedicine services is considered. The issue of the validity of differentiating the powers of a doctor in providing telemedicine care, depending on the availability of face-to-face visits, is also being under investigation.
Keywords: telemedicine, healthcare providers, attending medical doctor, doctor, consulting physician, medical specialist, telehealth visit, remotely observations, medical treatment, regulatory sandbox.
Bibliographic list of articles
1. Bogomyagkova E. S., Oreh E. A., Glukhova M. E. Telemedicine in Russian megacities: problems and prospects // Sociological Journal. – 2023. – Volume 29. – No. 3.
2. Danilov A.V., Gladyshev M.V., Bakhmetyeva O.A. The right of a citizen to choose a doctor and a medical organization // Applied information aspects of medicine. – 2018. – T. 21. – No. 1.
3. Mustafina-Bredikhina D. M. Legal aspect of the doctor’s responsibility for the patient’s health // Neonatology: news, opinions, training. – 2020. – Vol. 8. – No. 4.
4. Piven D.V., Kitsul I.S. On the patient’s right to consultations with medical specialists at his request or at the request of his legal representatives // Healthcare Manager. – 2013. – No. 10.
5. Popova A.V. Telemedicine in Russia and abroad: on the issue of legal regulation // Bulletin of MPGU. Series: Legal sciences. –2019. – No. 1 (33).
6. Regulation of telemedicine services in different countries of the world: expert review [Electronic resource] / E. I. Aksenova, S. Yu. Gorbatova. – Electron. text data – M.: State Budgetary Institution “NIIOZMM DZM”, 2023.
7. Smirnova E. A., Shishanova A. A. Telemedicine in new legal realities // Journal of telemedicine and electronic health care. – 2018. –No. 3 (8).
8. Tsaregorodtsev A.L. Efficiency of using telemedicine in the Northern regions of the Russian Federation // Fundamental Research. – 2016. – No. 3.
CIVIL LAW
LITYAGINA Alla Sergeevna
senior lecturer of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
KOKOVA Liana Ruslanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
FEATURES OF LEGAL REGULATION OF LABOR RELATIONS IN THE CONTEXT OF DIGITALIZATION
One of the main trends of our time is the active and large-scale digitalization of the global space in the world. Since the 2000s in the Russian Federation, there is an active implementation of information and communication technologies in all spheres of society (economics, healthcare, management, production). Some areas of life are the most promising in terms of the introduction of information technology. Such industries include education, professional development, finance, banking, medicine, digital and information platforms. Scientific and technological progress is very dynamic thanks to new technologies such as neural networks, artificial intelligence, Internet of things, virtual reality, cybersecurity, and big data processing. The ongoing transformations have also affected such an area as labor relations. In the current circumstances, the question of legal regulation of labor relations, which are changing under the influence of digitalization processes, becomes a question. In the field of labor relations, new work formats have emerged, and remote work has become relevant in the context of the new coronavirus pandemic. However, there is no legal regulation for the new type of labor relations, which creates a number of difficulties. It is necessary to develop and implement regulations governing labor relations in the context of large-scale digitalization of the economy. Documents of a strategic and advisory nature have been developed and applied, but they do not perform the function of legislative regulation.
Keywords: digitalization, labor relations, labor market, information technology, economics, remote work, strategy, innovation.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” (together with the “National Strategy for the Development of Artificial Intelligence for the period until 2030”).
2. Order of the Government of the Russian Federation dated October 20, 2010 No. 1815-r (as amended on December 26, 2013) “On the state program of the Russian Federation “Information Society (2011-2020).”
3. Order of the Government of the Russian Federation dated November 1, 2013 No. 2036-r (as amended on October 18, 2018) “On approval of the Strategy for the development of the information technology industry in the Russian Federation for 2014-2020 and for the future until 2025.”
4. Kozlova A. N., Cherkashina Yu. K. Remote work: legislative regulation and development prospects // Issues of Russian justice. – 2021. – No. 15. – P. 407-417.
5. Rybakov M. S. Legallabor regulation in the digital reality: main trends in the development of legislation // Young scientist. – 2023. – No. 1 (448). – pp. 188-194.
CIVIL LAW
MITKEVICH Viktoriya Nikolaevna
Lawyer of LLC “Trading House “Vremya”, Simferopol
AVRAMCHENKO Diana Satan
Ph.D. in Law, associate professor of Civil law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
THE CIVIL NATURE OF THE PROVISION OF ESOTERIC SERVICES
The article is devoted to the study of the provision of esoteric services from a civil law point of view. The current legislation (Chapter 39 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and by-laws in this area, as well as the points of view of legal scholars, have been studied. In addition, the most relevant court decisions on the conclusion and fulfillment of obligations under the contract for the provision of esoteric services are analyzed.According to the results of the study, it was concluded that the legislator’s qualified silence regarding the regulation of this type of contract, as well as that, according to established law enforcement practice, failure to achieve the result of providing esoteric services is not the basis for its invalidity and, as a result, the basis for collecting funds from the performers of these services.
Keywords: civil law, paid provision of services, the Civil Code of the Russian Federation, esotericism, esoteric services, judicial practice.
Item-by-item bibliography
1. Beltadze D. O., Shumov P. V. Problems of regulating relations in the sphere of esoteric services // Strategic development of socio-economic systems in the region: an innovative approach: Materials of the IV international scientific and practical conference. Collection of articles and abstracts of reports, Vladimir, May 14, 2018. / Under the general editorship of O. L. Goikher, M. A. Barinov, S. S. Zakharov. – Vladimir: Publishing and printing company “Transit-IKS”, 2018. – P. 17-20.
2. Karapetov A. G. Comments on the civil legislation of Gloss. Transactions, representation, limitation period. – 1264 p.
3. Kokhanovsky V.P., Zolotukhina E.V., Leshkevich T.G., Fathi T.B. Philosophy for graduate students: Textbook. Ed. 2nd. – Rostov n/d: “Fenkis”, 2003. – 448 p.
4. Pakhomov S.V. On the issue of demarcation of the concept “Esoterism” // Mystical-esoteric movements in theory and practice. Story. Psychology. Philosophy: Sat. materials of the First International Scientific Conference (Kyiv, 2007) / Under. ed. S. V. Pakhomova, Yu. Yu. Zavgorodniy, S. V. Kapranov. – St. Petersburg: RKhGA, 2008. – pp. 7-14.
5. Explanatory dictionary of the Russian language (Ed. D. N. Ushakov, 1935-1940).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, NGO “Leningrad Regional Bar Association”, branch “Law Firm “Pelevin and Partners”
THE POWERS OF THE FEDERAL SERVICE FOR SUPERVISION OF CONSUMER RIGHTS PROTECTION AND HUMAN WELL-BEING TO FILE A CLAIM AND REPRESENT THE INTERESTS OF A PATIENT IN A LAWSUIT WITH A PLASTIC SURGERY CLINIC
The article highlights the objectives of ensuring compliance with consumer protection laws, indicates the purpose of consumer protection legislation. The reasons and grounds for state intervention in the person of Rospotrebnadzor to ensure consumer protection are disclosed. The problems that cannot be solved with the help of private provision of consumer rights, requiring the participation of relevant state bodies, are noted. The author analyzes the powers of Rospotrebnadzor to file a statement of claim in court. The possible forms of participation of Rospotrebnadzor in the trial with the clinic of plastic surgery, the features of the status of Rospotrebnadzor as a participant in the case are considered. It is concluded that the purpose of the participation of the Rospotrebnadzor Department in the trial with the plastic surgery clinic is due to the purpose of this body in supervising the execution of laws.
Keywords: Rospotrebnadzor, medical clinic, consumer protection, lawsuit, court, trial, conclusion.
Bibliographic list of articles
1. Patyashina M. A. Implementation of the powers of the Office of Rospotrebnadzor in the Republic of Tatarstan in the field of consumer rights protection // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – Volume No. 13. No. 3 (49). – pp. 38-43.
2. Railyan A. A. Civil legal protection of consumer rights: issues of theory and judicial practice // Arbitration and civil process. – 2018. – No. 10. – P. 22-24.
3. Savelyeva Yu. A. The role of Rospotrebnadzor in protecting consumer rights when selling goods // Innovations. The science. Imageovation. – 2022. – No. 49. – P. 801-803.
4. Savina N. S. Features of legal regulation of the institute for the protection of the rights of citizen-consumers in the Russian Federation // In the collection: The best scientific article of 2020. Collection of articles of the XXXIX International Research Competition. – 2020. – pp. 67-71.
5. Shibaeva N.V. Practice of state and public protection of consumer rights in the Russian Federation // Legal fact. – 2021. – No. 132. – P. 3-7.
6. Shirokobokova A. V. Subjects initiating the initiation of civil proceedings to protect consumer rights // Current problems of our time: science and society. – 2017. – No. 4. – P. 31-36.
CIVIL LAW
KHAMITOVA Gulnara Mullanurovna
Ph.D. in Law, associate professor of Biomedetics, medical law and history of medicine sub-faculty of the Kazan State Medical University
CIVIL LEGAL LIABILITY OF MEDICAL WORKERS AND MEDICAL ORGANIZATIONS FOR HARM CAUSED BY PATIENTS
The article highlights issues related to the involvement of medical organizations and workers for harming a patient in the provision of medical services. Medical activity should be attributed to a source of increased danger, which means that compensation for harm should occur regardless of the fault of the medical organization. Special attention is paid to the mechanisms of compensation for harm and its varieties, since the harm is divided into moral and property, and its size depends on various factors. It is proposed to apply the institution of professional liability insurance for all medical workers, fill in a number of legislative gaps, namely, apply the concepts of “low-quality medical service” and establish a special statute of limitations for the legal relations considered.
Keywords: responsibility, medical organization, medical worker, patient.
Bibliographic list of articles
1. Kichenina V. S. Responsibility of a medical worker as a result of improper provision of medical care resulting in harm to the life and health of a citizen // Scientific notes of the St. Petersburg branch of the Russian Customs Academy named after. V. B. Bobkova. – 2018. – No. 4 (68). – pp. 75-77.
2. Slepenyuk Yu. N. Features of the responsibility of a medical organization for causing harm to a patient’s health // Legal Bulletin of the Dagestan State University. – 2021. – No. 2. – P.73-79.
3. Smirnova E. V. On the need for standardization and organization of accounting and quality control of medical care in the provision of paid medical services // Problems of standardization in healthcare. – 2019. – No. 5-6. – P. 3-16.
4. Starchikov M. Yu. Harm caused to the life (health) of a patient as a result of medical intervention: legislative problems and ways to eliminate them // Scientific notes of the Crimean Federal University. V.V. Vernadsky. – 2018. – No. 4. – P. 232-239.
5. Starchikov M. Yu. On the regressive liability of medical organizations and medical workers for harm caused to the life (health) of patients // Citizen and Law. – 2018. – No. 7. – P. 79-90.
6. Khabirov A. L. and Khamitova G. M. Some aspects of patient rights to receive information about their health status under the legislation of the Russian Federation // Revista Genero. – 2019. – No. 8. – P. 314-321.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
LEGAL BASIS AND IMPORTANCE OF MEDIATION IN A CONFLICT BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
The article concerns with mediation as non-jurisdictional alternative way of solving conflicts, arising between patients and clinics of plastic surgery, the author stretches the main features and possibilities of this remedy aimed at solving the conflict that arose when rendering the medical service. The author investigates specificity of mediation when it is applied to the conflicts arising when rendering the services of plastic surgery and the main peculiarities and meaning when solving conflicts in this sphere.
Keywords: mediation, jurisdictional and non-jurisdictional ways of conflicts solving, conflicts out of medical services rendering, conflicts between patient and clinic of plastic surgery, solving of conflicts.
Bibliographic list of articles
1. Allahverdova O. V., Ivanova E. N. History of the development of mediation // Bulletin of St. Petersburg University. Series 6: Philosophy, political science, sociology, psychology, law, international relations. 2007. No. 2-2. pp. 73-77.
2. Kalashnikova S.I. Mediation in the sphere of civil jurisdiction. M.; Berlin: Infotropic-Media, 2011. 304 p.
3. Commentary on the Federal Law “On an alternative procedure for urregulation of disputes with the participation of a mediator (mediation procedure)” / Responsible. ed. S. K. Zagainova, V. V. Yarkov. M.: Infotropik Media, 2011. (Series “Mediator Library.” Book 1.).
4. Development of mediation in Russia: theory, practice, education: Sat. articles / Ed. E. I. Nosyreva, D. G. Filchenko. M.: Infotropik Media; Berlin, 2012.
5. Pronin I. A. Civil regulation in the field of aesthetic medicine: Author’s abstract. dis. …cand. legal Sciences: 12.00.03. St. Petersburg, 2012. 26 p. // Library of dissertations and abstracts dslib.net: website. [Electronic resource]. – Access mode: http://www.dslib.net/civil-pravo/grazhdansko-pravovoe-regulirovanie-v-sfere-jesteticheskoj-mediciny.html (access date: 10/02/2023).
6. Conciliation procedures in civil, criminal and administrative proceedings of the Russian Federation. Scientific and practical guide / Editor-in-chief, Doctor of Law, Professor Yu. F. Bespalov. M.: Prospekt, 2018. // SPS “Consultant Plus”.
7. Tkacheva N. N. Increasing legal literacy in the process of providing medical care as a guarantee of protecting the rights of subjects of medical legal relations // Medical Law. 2022. No. 3. – Electronic resource SPS Consultant Plus.
8. Shamlikashvili T. A., Kabanova E. V., Tyulkanov S. L. Alternative methods of dispute resolution and mediation in modern Russian legislation. Modern law. 2015. No. 5 // SPS “Consultant Plus”.
9. Sholom E. A. Contract for the provision of paid cosmetology services: Author’s abstract. dis. …cand. legal Sci. Saratov, 2010. [Electronic resource]. – Access mode: https://core.ac.uk/download/pdf/197419265.pdf (access date: 10/02/2023).
10. Khokhlov V. A. Legal qualification of mediation relations // SPS Consultant-Plus.
CIVIL LAW
MITKEVICH Viktoriya Nikolaevna
Lawyer of LLC “Trading House “Vremya”, Simferopol
ON THE QUESTION OF THE QUALIFICATION OF THE ACTIONS OF THE PARTICIPANTS IN THE ARBITRATION PROCESS AS CONTEMPT OF COURT
The article analyzes the institution of imposing judicial fines on participants in the arbitration process for contempt of court. The norms of procedural legislation regulating the prosecution of persons who showed disrespect and allowed the diminution of the authority of the judiciary have been studied. The article examines the issue of qualification of illegal actions, responsibility for which is provided for by the norms of procedural legislation, as contempt of court. Based on the analysis of the practice of arbitration courts, the existing problems are formulated and possible methods of their resolution are proposed.
Keywords: arbitration process, judicial authority, judicial fine, contempt of court, abuse of procedural law.
Bibliographic list of articles
1. Gribov N. D. Procedural responsibilities of the parties in civil proceedings // Court administrator. – 2021. – No. 1.
2. Mozhilyan S. A. Institute of private determination in the arbitration process // Arbitration disputes. – 2022. – No. 1
3. Sharipova A. R. Comparative analysis of the institutions of monetary recovery and judicial fines in criminal, arbitration, civil and administrative proceedings // Current problems of Russian law. – 2022. – No. 1.
CIVIL LAW
PROVATKINA Valeriya Evgenjevna
student of the Law School of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Law School of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
PROBLEMS OF FORMATION OF LEGAL CULTURE IN MODERN RUSSIA
The article analyzes the problems of formation of legal culture in the Russian Federation. It is noted that a high level of legal culture serves as the basis of civil society. The main reasons for the low level of legal culture are highlighted. The authors analyze the current state of the legal system, identify the causes of the insufficient level of legal culture in society and propose ways and measures to improve it. The emphasis is on the need to improve the legal literacy of citizens and the development of legal awareness, which contributes to the strengthening of the rule of law and civil society as a whole.
Keywords: legal awareness, deformation, legal nihilism, legal education, legal culture.
Bibliographic list of articles
1. Balakleets I. I. Legal culture in the modernization of Russia: realities, trends and prospects: Abstract of thesis. dis. …cand. legal Sci. – Kazan, 2012. – 26 p.
2. Komarov S. A. General theory of state and law: textbook for bachelor’s and master’s degreesauras. – 9th ed., rev. and additional – M.: Yurayt Publishing House, 2019. – 506 p.
3. Kostina K. A. Legal education in Russia and its significance in the formation of legal culture // Bulletin of TSU. – 2013. – Issue 5. – P. 266-270.
4. Agranovskaya E. V. Legal culture and ensuring individual rights // Responsible. ed. E. A. Lukasheva. – M.: Nauka, 1988. – 142 pp.
5. Matuzov N. I., Malko A. V. Theory of state and law. – M.: Jurist, 2011. – 528 p.
6. Kalandarishvili Z. N., Khavanova T. V. Characteristic features of the formation of legal culture at the present stage of development of Russian society // Historical and social-educational thought. – 2014. – No. 2. – P. 365-368.
CIVIL LAW
SIBILEV Ilya Andreevich
postgraduate student of the 2nd course of the Patrice Lumumba Peoples’ Friendship University of Russia
SOME ISSUES RELATING TO THE “LEGAL STATUS” OF ARTIFICIAL INTELLIGENCE
The article discusses some issues of the legal status of artificial intelligence-based systems. Three main reasons of impossibility to consider the artificial intelligence systems as a subject of law are under investigation. The paper analyzes the potential positive and negative consequences of granting artificial intelligence a certain legal status, and offers options for working out these issues in the current legislation.
Keywords: legal personality, artificial intelligence, legal status, civil liability, legal regulation.
Bibliographic list of articles
1. Gulyaeva P. S. Quasi-legal personality of artificial intelligence: theoretical and legal aspects // Bulletin of Moscow State Pedagogical University. Series: Legal sciences. 2022. No. 2 (46). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvazipravosubektnost-iskusstvennogo-intellekta-teoretiko-pravovye-aspekty (date of access: 01/05/2024).
2. Gurko A. V. On the issue of the possibility of legal protection of the results of “intellectual” activity of artificial intelligence systems. Economy. Right. Society. 2022. No. 7 (1). pp. 71-75. [Electronic resource]. – Access mode: https://doi.org/10.21686/2411-118X-2022-1-71-75
3. Kalyatin V. O. Determination of the subject of rights to the results of intellectual activity created using artificial intelligence and its influence on the development of civil legislation // Law. Journal of the Higher School of Economics. 2022. T. 15. No. 4. P. 24-50.
4. Marchenko A. Yu. Legal regulation of AI technologies in the European Union: current state and prospects for its development // Legal Science. 2021. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoe-regulirovanie-tehnologiy-ii-v-evropeyskom-soyuze-tekuschee-sostoyanie-i-perspektivy-ego-razvitiya (date of access: 01/07/2024).
5. Kharitonova Yu. S., Savina V. S., Pagnini F. Bias of artificial intelligence algorithms: issues of ethics and law // Bulletin of Perm University. Legal sciences. 2021. No. 53. P. 448-475.
CIVIL LAW
KHAVZIEV Adel Ayratovich
postgraduate student of Civil and business law sub-faculty of the University of Management “TISBI”, Kazan
FORMS OF PROTECTION OF VIOLATED CONSUMER RIGHTS
The relevance of the chosen topic lies in the fact that consumer protection is an integral need of modern society. Forms of protection of violated consumer rights are a procedure or type of legal activity to protect consumer rights in situations where the consumer independently tries to suppress his violated rights through oral and (or) written claims, by contacting regulatory authorities and (or) the court , and also on the website of the consumer rights protection portal. The author examines social relations associated with jurisdictional (judicial and administrative procedures) and non-jurisdictional (self-defense) forms of consumer protection. In this regard, the problems arising with the need to create legal mechanisms for the self-defense of a citizen-consumer as an economically weaker party are analyzed. The purpose of the study is to identify forms of consumer protection used in practice; their classification. On the topic of the research, analytical and systematic methods were applied in the study of regulatory legal acts in the field of consumer rights protection, as well as court cases published on official websites: GARANT.RU, courts of general jurisdiction, files of arbitration cases. Comparative legal methods were used to assess the availability of necessary information for consumers when assessing the official websites of authorities of the Republic of Tatarstan, the Republic of Bashkortostan and the city of Moscow. Law enforcement practice has made it possible to determine the classification of applied forms of consumer protection. The non-jurisdictional form includes 3 mechanisms for protecting consumer rights – filing an oral complaint, filing a written complaint, or accessing the website of the consumer rights protection portal. The jurisdictional form includes 2 mechanisms for protecting consumer rights – appealing to regulatory authorities and going to court.
Keywords: consumers, violation of consumer rights, protection of consumer rights, forms of consumer protection, procedures for protecting consumer rights, seller, buyer, consumer Internet portal.
Bibliographic list of articles
1. Gavrilov V. N., Gavrilova A. M., Bezborodkina E. A. Legal regulation of retail purchase and sale on Instagram // The Power of Law. – 2022. – No. 1 (49). – pp. 136-146.
2. Gainulova Yu. M. Protection of consumer rights under sanctions and counter-sanctions. On the issue of violation of norms on a public contract (426 Civil Code of the Russian Federation) // Skif. Questions of student science. – 2022. – No. 6 (70). – pp. 52-55.
3. Why do we need the Moscow Consumer Portal // Moscow Consumer Portal: website. – [Electronic resource]. – Access mode: https://prav.mos.ru/articles/cff4d002-6476-4ad1-a411-973c38f3f6a9 (date of access: 05.17.2023).
4. Kurbatov A. Ya. Protection of rights and legitimate interests in the conditions of “modernization” of the legal system of Russia. – M.: Justitsinform, 2013. – 172 p.
5. Luneva E. V., Tolstova I. A., Viktorov V. Yu., Matveev P. A. The consumer and his rights as an object of legal protection when selling goods // Law and Practice. – 2023. – No. 3. – P. 117–122.
6. Nikolaeva E. V. Unfairness of the seller in the execution of a retail purchase and sale agreement // ExLegis: legal studies. – 2019. – No. 2. – P. 45-48.
7. About the State Alcohol Inspectorate of the Republic of Tatarstan // Portal of the Republic of Tatarstan for the protection of consumer rights: website. – [Electronic resource]. – Access mode: https://www.tatzpp.ru/view/about/ (date of access: 05.17.2023).
8. About the project. Ministry of Trade and Services of the Republic of Bashkortostan // Internet portal for the protection of consumer rights of the Republic of Bashkortostan: website. – [Electronic resource]. – Access mode: https://portalzpp02.ru/about/pages/about-project/ (date of access: 05/17/2023).
9. On the results of the activities of the Rospotrebnadzor Office for the Republic of Tatarstan in the field of providing financial services for 2022 // Rospotrebnadzor Office for the Republic of Tatarstan: website. – [Electronic resource]. – Access mode: https://16.rospotrebnadzor.ru/674/-/asset_publisher/zT0X/content/about-the-results-of-the-activities-of-the-Rospotrebnadzor-administration-in-the-Republic-of-Tatarstan-in-the-sphere-of-financial-services- for 2022 (access date: 05/17/2023).
10. Rudykh S. D., Sukhanova D. A. Self-defense as one of the ways to protect consumer rights // Issues of Russian Justice. – 2023. – No. 23. – P. 191-198.
11. Sergeev A.P., Tolstoy Yu.K. Civil law: textbook: in 3 volumes – M.: Prospect, 2005. – T. 1. – 765 pp.
CIVIL LAW
KHAKIMOVA Alsu Faritovna
Head of the Expert and Analytical Department of the Project Activities Directorate of the Central Executive Committee of the RPP “UNITED RUSSIA”, postgraduate student of Civil and entrepreneurial law sub-faculty of the V. G. Timiryasov Kazan Innovative University
ISSUES OF LIABILITY OF THE PARTIES UNDER A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT
The article reveals problematic issues of the onset of civil liability for non-fulfillment or improper execution of a public-private partnership agreement; the liability measures provided for by law are correlated with the legal nature of the public-private partnership agreement. The risks of pre-contractual liability for violation of the procedure for negotiations between potential partners are analyzed. The main ideas and conclusions in the work are aimed at achieving a balance of rights and obligations, risks and responsibilities of the parties to the public-private partnership agreement.
Keywords: public-private partnership, public-private partnership agreement, civil liability, pre-contractual liability, replacement of partner.
Bibliographic list of articles
1. Skvortsov O. Yu., Derkach N. G., Golubeva V. M., Nam K. I., Chumachenko V. A. Practice of dispute resolution in the field of public-private partnership as a factor in the formation of a competitive environment (monitoring of judicial practice) // Competition law. – 2022. – No. 4. – P. 37-40 @@ 2023. – No. 1. – P. 33-37.
2. Zhmulina D. A. Responsibility of the parties to the agreement on public-private partnership // Bulletin of St. Petersburg University. Right. – 2014. – No. 4. – P. 45-53.
3. Belitskaya A.V. The use of public-private partnership instruments for the demonopolization of the Russian economy: legal aspect. – pp. 41-46.
CIVIL LAW
YAKIMUSHKINA Mariya Andreevna
postgraduate student of Civil law sub-faculty of the I. M. Gubkin Russian State University of Oil and Gas, candidate for the degree of Ph.D.
FORMATION OF TRANSACTION INSTITUTES IN WESTERN CIVILISTICS AND THEIR INFLUENCE ON THE DEVELOPMENT OF CONTRACT LAW OF MODERN RUSSIAN LEGISLATION
The article deals with some historical and legal aspects of the formation of legal foundations of the institutions of contractual relations of modern Russia. Different points of view on the processes of formation of such relations of both foreign and domestic civilists are analyzed. The article also proposes the concepts that the substantive aspect of a legal transaction is a private expression of will that generates a legal consequence desired by the existing legal order.
Keywords: contract, transaction, obligations, legal fact, will, invalid transaction.
Bibliographic list of articles
1. Marazuev A.V. Invalidation of a transaction as a way to protect rights in the historical aspect // Human rights activities in modern Russia: problems and their solutions (collection of conference proceedings). – St. Petersburg, 2015. – P. 169.
2. Kosycheva E. V. Civil transactions: genesis, essence, significance // Bulletin of the Russian University of Cooperation. Ser.: Legal sciences. – 2015. – No. 2 (20). – P. 92.
3. Melnikov V.S. Theoretical problems of legal regulation of transactions (according to modern civil legislation of the Russian Federation): dis. … doc. legal Sci. – M., 2003. – P. 15-25.
4. Permyakova E. V. Constructions of validity and invalidity of transactions in the classical jurisprudence of Western Rome // Current problems of the evolution of civil law doctrines in Europe and Russia in the 19th-20th centuries: Mater. intercollegiate scientific-practical conf. – Ekaterinburg: Ural State University Publishing House, 2016. – P. 176.
5. Novitsky I. B. Roman law: a textbook for academic undergraduates. – M.: Yurayt Publishing House, 2018. – P. 123.
6. Muromtsev S. A. Civil law of Ancient Rome: lectures. – M.: Statute, 2013. – P. 316.
7. Guy. Institutions / Transl. from lat. F. Dydynsky; edited by V. A. Savelyeva, L. L. Kofanova. – M.: Yurist, 1997. – P. 205.
8. Stolyarov D. A. Problems of distinguishing between void and voidable transactions in civil law (from Roman legal experience to modern civil law) // Current theoretical and practical issues in the development of jurisprudence: Mater. All-Russian intercollegiate scientific-practical conf. (for students, undergraduates, graduate students, teachers, specialists). – M.: International Law Institute, 2017. – P. 237.
9. Fonin R. A. On the issue of the origins of the modern definition and legal essence of a transaction in civil law // Humanitarian Scientific Bulletin. – 2021. – No. 4. – P. 187.
10. Melnikov V.S., Melnikova Yu.V. Historical retrospective of the development of the concept of a transaction // Modern trends in the development of science and technology. – 2016. – No. 1-7. – pp. 71-78.
11. Shapp Y. Fundamentals of civil law in Germany / Transl. and preface K. Arslanova. – M.: Beck, 1996. – P. 160-161.
12. Flume W. Allgemeiner Teil des Bürgerlichen Rechts. – Berlin; Heidelberg: Springer Verlag, 1992. – Bd. 2: Das Rechtsgeschäft. – X, S.25 – 987 s.
13. Dormidontov G.F. System of Roman law: General part. – Kazan: Typo-lithographic. Imp. University, 1910. – P. 21.
14. Shapp Y. System of German civil law. – M.: International. relations, 2006. – P. 199.
15. Gatin A. M. Civil law. – M.: Dashkov and K, 2009. – 232 p.
16. Belov V. A. The doctrine of the transaction in the Russian doctrine of civil law (literary review). – M.: Statute, 2008. – P. 135.
CIVIL PROCEDURE
BURKHANOVA Sofya Davurovna
Chairman of the SSS of the East Siberian branch of the Russian State University of Justice, Irkutsk
MOGILEVA Alexandra Vyacheslavovna
specialist of Civil law sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk, Russia
SYRYEV Bogdan Olegovich
Deputy Chairman of the SSS of the East Siberian branch of the Russian State University of Justice Russia, Irkutsk
TOPICAL ISSUES OF THE DIVISION OF COMPETENCE BETWEEN ARBITRATION COURTS AND COURTS OF GENERAL JURISDICTION
The article analyzes the problem of jurisdiction, which acquires a special character, the reform of legislation in terms of eliminating this concept and replacing it with “competence or jurisdiction” does not solve the problem of legal regulation. Such a substitution of concepts is nothing more than “change for the sake of change” and does not affect the quality of law enforcement practice, therefore, a meaningful and reasonable approach on the part of the state to solving this problem is able to regulate more serious issues related to both the organization of courts and the judicial process.
Keywords: competence of the court, arbitration jurisdiction, courts of general jurisdiction, the issue of jurisdiction, methods of determining judicial competence.
Bibliographic list of articles
1. Bichurin D.N. Institute of jurisdiction in judicial activities // E-Scio. – 2021. – No. 1 (52). – pp. 61-65.
2. Vasiliev D. P. Difference of competence between courts of general and arbitration jurisdiction // Bulletin of the State Law Academy. – 2018. – No. 2 (121). – pp. 164-170.
3. Marudina I. E. Distinction between categories of jurisdiction, jurisdiction of civil cases and the competence of courts in the context of realizing the right to access to justice. – Direct text // Protection of human rights: theory and regional practice: collection of materials of the All-Russian scientific and practical conference, Abakan, October 07–08, 2021. – Abakan: Khakass State University named after. N. F. Katanova. – 2021. – pp. 125-126.
4. Loshkarev A.V., Mikhailova A.D. Problems of determining patrimonial and territorial jurisdiction // International Journal of Humanities and Natural Sciences. – 2022. – No. 5-3 (68). – pp. 103-105.
5. Grankin K. F. Delimitation of competence in civil cases // Russian justice. – 2018. – No. 1. – P. 44-47.
6. Vilyak O.I. On the problem of delimiting the jurisdiction of cases of challenging decisions, actions (inactions) of officials of the bailiff service between courts of general jurisdiction and arbitration courts // Executive law. – 2013. – No. 1. – P. 12-19.
7. Rozhkova M. A. On the issue of the content of the concepts of “competent court” and “jurisdiction of the case” // Journal of Russian Law. – 2021. – No. 1. – P. 21-24.
CIVIL PROCEDURE
VALIEVA Adelina Vitaljevna
student of the Kazan branch of the Russian State University of Justice
KHASANSHINA Flusa Gatovna
Ph.D. in Law, associate professor, associate professor of Civil procedural law sub-faculty of the Kazan branch of the Russian State University of Justice
JUDICIAL PROTECTION OF OBJECTS THAT HAVE ARISEN IN THE DIGITAL SPACE
The article is devoted to the judicial protection of objects arising in the digital space; the legislation on the issue under study is analyzed. The authors note the ambiguity of judicial regulation (namely, the issues of competence of the arbitration courts of the Russian Federation) in relation to entrepreneurial and other economic activities arising and operating in the information environment of the Internet.
Keywords: Internet space, judicial protection, competence, foreign element, jurisdiction, arbitration process.
Bibliographic list of articles
1. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on January 5, 2024) // Access from ATP “Consultant Plus”.
2. Getman-Pavlova I. V. International private law: textbook. – 4th ed., revised. and additional – M.: Yurayt Publishing House, 2013. – 959 p.
CIVIL PROCEDURE
IBRAGIMOV Abdulatip Muradovich
magister student of the Dagestan State University, Makhachkala
THE CONCEPT AND MEANING OF JUDICIAL PROCEEDINGS IN ARBITRATION COURTS
Current trends indicate an increasing interest in non-standard ways of resolving legal disputes. The arbitration court stands at the head of these methods due to its advantages over traditional litigation: procedural simplicity, reduced costs, speed of consideration of cases and guaranteed privacy. This underlines the importance of understanding the specifics of arbitration and its role in dispute resolution.
Keywords: arbitration court; competence; jurisdiction; powers; arbitration agreement; rights and obligations, arbitrability.
Bibliographic list of articles
1. Gabazov T. S., Buntysheva A. U. Institute of arbitration proceedings in civil procedural legislation // High technologies and innovations in science: Collection of selected articles of the International Scientific Conference, St. Petersburg, March 28, 2021. – St. Petersburg: Private scientific and educational institution of additional professional education National Humanitarian Research Institute “NATIONAL DEVELOPMENT”, 2021. – P. 145.
2. Zaytsev A.I. “Anthology of Alternative Dispute Resolution” – a new step in the development of methods for teaching ADR disciplines in Russia (review of the publication) // Arbitration Court. – 2009. – No. 4 (64). – pp. 170-172.
3. Kurochkin S.A. Arbitration of civil cases in the Russian Federation: theory and practice. – M.: Wolters Kluwer, 2007. – 272 p.
4. Polonsky B. Ya. Arbitration courts. – Especially for the GARANT system, 2020
5. Strebkov M.I. General characteristicsthe nature of arbitration proceedings in Russia and some problems of its legal regulation and status // Law and Management. – 2023. – No. 1. – P. 56.
6. Uporov D. A. Arbitration of civil cases in Russia: problems and prospects: textbook. – Novokuznetsk: FKOU VO Kuzbass Institute of the Federal Penitentiary Service of Russia, 2017. – 51 p.
CIVIL PROCEDURE
CHURAKOVA Ekaterina Nikolaevna
senior lecturer of Civil and arbitration process sub-faculty of the Samara State University of Economics
IRININA Yana Olegovna
magister student of the Samara State University of Economics
FEATURES OF THE JURISDICTIONAL PROCESS AT THE CURRENT STAGE OF INFORMATION TECHNOLOGY DEVELOPMENT
This article provides a theoretical and legal analysis of the topics of the jurisdictional process, identifies its characteristic features, advantages and disadvantages, and also considers the question of its features at the current stage of information technology development. Scientists propose their own vision of the need to use digitalization products in the process of legal activity, and also identify gaps in national legislation in the context of the regime of using information technologies in the jurisdictional sphere.
Keywords: jurisdictional process, information technology, judicial system, jurisdiction, legal procedure, legal process, justice, legal system, theory of law.
Bibliographic list of articles
1. Efremenko D. O. Jurisdictional process: concept, nature // Bulletin of Economic Security. 2016. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yurisdiktsionnyy-protsess-ponyatie-priroda (date of access: 09.13.2023).
2. Khabieva Z. D. Doctrinal understanding of law enforcement as the basis of the jurisdictional process // Agrarian and land law. 2022. No. 6 (210). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/doktrinalnoe-osmyslenie-pravoprimeneniya-kak-osnovy-yurisdiktsionnogo-protsessa (date of access: 09.13.2023).
3. Bidova B. B., Ganaeva E. E. Features and classification of the legal process // Law and state: theory and practice. 2022. No. 8 (212). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-i-klassifikatsiya-yuridicheskogo-protsessa (date of access: 09.13.2023).
4. Pavlushina A. A., Gavrilenko I. V. Information technologies in jurisdictional procedures // Legal policy and legal life. 2009. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informatsionnye-tehnologii-v-yurisdiktsionnyh-protsedurah (date of access: 09/13/2023).
5. Maksyutin M.V. Jurisdictional process (Questions of general theory): Dis. …cand. legal Sciences: 12.00.01: Moscow, 2002. 198 p. RSL OD, 61:03-12/920-9
6. Shcherbacheva L. V. Introduction of artificial intelligence into the judicial system // Bulletin of Economic Security. 2022. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vvedenie-iskusstvennogo-intellekta-v-sudebnuyu-sistemu (date of access: 09.14.2023).
7. Gubaidullina E. Kh., Gavrilov I. A. Artificial intelligence in the civil proceedings of China // Modern strategies and digital transformations of sustainable development of society, education and science: Collection of materials of the VIII International Scientific and Practical Conference, Moscow, April 07, 2023. Moscow: Limited Liability Company “ALEF Publishing House”, 2023. pp. 59-63.
8. Chamber of Lawyers of the Samara Region (official website). [Electronic resource]. – Access mode: https://paso.ru
CIVIL PROCEDURE
AIDIEV Magomed Magomedtagirovich
magister student of Civil process sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ON THE QUESTION OF THE ESSENCE OF THE INSTITUTION OF ABSENTEE PROCEEDINGS IN THE CIVIL PROCEDURAL LAW OF RUSSIA
This article analyzes one of the controversial institutions of civil procedural law – the institution of absentee proceedings. Having studied, comprehended and evaluated this institution, we will reveal its content, essence, its basis, study it from the point of view of scientific literature, the opinions of scientists, and also give the pros and cons of using correspondence proceedings. Let us pay attention to the problems of absentee proceedings and ways of reforming them. In addition, we will give examples from judicial practice, the difficulties faced by the parties when making a court decision in absentia.
Keywords: absentee proceedings, simplified proceedings, civil proceedings.
Bibliographic list of articles
1. Summary statistical information on the activities of the federal governmenty courts of general jurisdiction and magistrates for the 1st half of 2023. [Electronic resource]. – Access mode: http://cdep.ru/index.php?id=79&item=7071.
2. Article-by-article commentary to the Civil Procedure Code of the Russian Federation / Ed. P. V. Krasheninnikova. – M.: Statute, 2012.
3. Zhilin G. A. Justice in civil cases: current issues: monograph. – M.: Prospekt, 2010. – P. 520.
4. Reshetnikova I. V. Correspondence proceedings // Civil process / Ed. V.V. Yarkova. – M.: Wolters Kluwer, 2006. – P. 408.
5. Osokina G. L. Civil process. A special part. – M.: Norma, 2007. – P. 319-320.
CIVIL PROCEDURE
CHURAKOVA Ekaterina Nikolaevna
senior lecturer of Civil and arbitration process sub-faculty of the Samara State University of Economics
NIKONOROVA Albina Andreevna
magister student of the Samara State University of Economics
DIGITALIZATION IN BANKRUPTCY PROCEEDINGS
This article presents a theoretical and legal analysis of the topic of digitalization in the field of bankruptcy procedures. The researcher identifies the key vectors of informatization of the sphere of legal activity of a bankrupt. The author notes their advantages and disadvantages. He believes that as important innovations in the field of informatization of bankruptcy procedures, it is worth highlighting the Unified Federal Register of Bankruptcy Information (hereinafter – the Unified State Register of Legal Entities), information programs Bankro.TECH, Assistant to the Arbitration Manager, Spark-Interfax and others. The researcher believes that in order to bring our state to a fundamentally new level in the field of digitalization of bankruptcy procedures, we should more often conduct a retrospective analysis in terms of studying available information technologies, as well as refer to the experience of foreign countries in terms of optimizing the procedure within their national legislation.
Keywords: transformation, bankruptcy, arbitration process, bankruptcy procedure, informatization, legal activity.
Bibliographic list of articles
1. Malyar V. I., Aksenova E. A. The impact of digital technologies on the process of automation in cases of insolvency (bankruptcy) // Business Strategies. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozdeystvie-tsifrovyh-tehnologiy-na-protsess-avtomatizatsii-po-delam-nesostoyatelnosti-bankrotstva (date of access: 10/16/2023).
2. Loshkarev A.V., Bozhko A.P. The influence of digital technologies on the optimization of proceedings in cases of insolvency (bankruptcy) // International Journal of Humanities and Natural Sciences. – 2020. – No. 10-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-tsifrovyh-tehnologiy-na-otpimizatsiyu-proizvodstv-po-delam-o-nesostoyatelnosti-bankrotstve (date of access: 10/16/2023).
3. Gareev A. R. Practice of using innovative information technologies to increase the efficiency of the bankruptcy institution // MIR (Modernization. Innovation. Development). – 2013. – No. 13. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/praktika-primeneniya-innovatsionnyh-informatsionnyh-tehnologiy-dlya-povysheniya-effektivnosti-instituta-bankrotstva (date of access: 10/16/2023).
4. Yusupova N. I., Volik E. O. Monitoring bankruptcies using data mining methods // Vestnik UGATU = Vestnik UGATU. – 2008. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/monitoring-bankrotstv-s-ispolzovaniem-metodov-intellektualnogo-analiza-dannyh (date of access: 10/16/2023).
5. Soldatenkov V. Yu. Modern information technologies as an imperative for effective crisis management // SRRM. – 2017. – No. 1 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-informatsionnye-tehnologii-kak-imperativ-effektivnogo-antikrizisnogo-upravleniya (date of access: 10/16/2023).
6. Gubaidullina E. Kh. Problems and prospects for legal regulation of the use of Big Data in the Russian Federation / E. Kh. Gubaidullina // Questions of Economics and Law. – 2021. – No. 154. – P. 14-17.
7. Ageeva G. E. Digitalization of the Openness Principle of Civil Proceedings: Enunciation Issues // Current Achievements, Challenges and Digital Chances of Knowledge Based Economy: Part of the Lecture Notes in Networks and Systems book series (LNNS, volume 133). – P. 707-712.
8. Vorobyova A. A. Electronic evidence as a modern way of interaction between participants in litigation in arbitration proceedings / A. A. Vorobyova, Yu. V. Chertykovtsev // Questions of Economics and Law. – 2023. – No. 180. – P. 62-65.
9. Unified system for conducting bankruptcy procedures. [Electronic resource]. – Regism access: https://bankro.tech/
10. “Assistant Arbitration Manager” program. [Electronic resource]. – Access mode: https://russianit.ru/products/pau/
11. Program for checking counterparties. [Electronic resource]. – Access mode: https://spark-interfax.ru/
12. Platform for conducting electronic trading. [Electronic resource]. – Access mode: https://www.b2b-center.ru/app/
CIVIL PROCEDURE
MAGOMEDOV Rasul Magomedkamilovich
magister student of the 2nd course full-time education, training profile: “Problems of civil and arbitration procedural law” of Civil process sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE HISTORY OF THE DEVELOPMENT OF THE SYSTEM OF JUDICIAL EVIDENCE IN THE JUDICIAL PROCEEDINGS OF THE RUSSIAN FEDERATION
The article examines the history of the development of judicial evidence in the judicial proceedings of the Russian Federation.
To achieve this goal, the following tasks were set and studied:
– to consider the concept, signs and meaning of judicial evidence;
– to determine the classification of judicial evidence;
– to explore ways to identify and collect evidence in civil proceedings;
– analyze the evaluation of evidence in civil proceedings;
– to analyze the trends and prospects for the development of the institution of evidence in civil cases in Russia.
Keywords: evidence, legislation, civil procedure, legal proceedings, procedural norms.
Bibliographic list of articles
1. Civil process: textbook / Edited by L. V. Tumanova. – Moscow: Prospekt, 2019. – 411 p.
2. Nakhova E. A. Functions of the subject of proof in civil proceedings // Leningrad Legal Journal. – 2020. – No. 2 (60). – pp. 150-161. [Electronic resource]. – Access mode: https://elibrary.ru/keyword_items.asp?id=2680812 (date of access: 03.25.2022).
3. Eliseev N. G. Basic concepts of evidentiary law // Laws of Russia: experience, analysis, practice. – 2017. – No. 1 – P. 45 -48.
4. Reader on the history of the Russian state and law (X century – 1917) / comp. V. A. Tomsinov. – M., 2000. – P. 4.
CIVIL PROCEDURE
CHURAKOVA Ekaterina Nikolaevna
senior lecturer of Civil and arbitration process sub-faculty of the Samara State University of Economics
SKOROKHODOV Alexey Andreevich
magister student of the Samara State University of Economics, senior legal adviser of the Department of Claim Work of the Legal Department of the MIA of Russia in the Samara region
PROSPECTS OF TECHNOLOGICAL ACTUALIZATION OF THE JUDICIAL SYSTEM OF THE RUSSIAN FEDERATION
This article provides an analytical study of the prospects and opportunities for the development of the Russian judicial system in the context of the information technology aspect. The author conducted a brief analysis of the existing information systems used in the Russian judicial process, and applied empirical methods of cognition to reveal the prospects of the actual application of information technology systems in the judicial system of the Russian Federation from the point of view of a judicial representative.
Keywords: information technology, accessibility of justice, information, Internet, judicial system, videoconferencing.
Bibliographic list of articles
1. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated March 16, 2022 No. 88a-4134/2022 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
2. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated April 19, 2022 No. 88a-6648/2022 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
3. Lebedev said that during the pandemic, the judicial system switched to digital technologies. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/18066395 (date of access: 10.17.23).
4. Determination of the Armed Forces of the Russian Federation of February 15, 2022 No. 74-KG21-8-K9 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
5. Technical support portal of the State Automated System of the Russian Federation “Justice” [Electronic resource]. – Access mode: https://techportal.sudrf.ru/?id=234 (date of access: 10/17/23).
6. Regulations on the procedure for posting the texts of judicial acts on the official websites of the Supreme Court of the Russian Federation, courts of general jurisdiction and arbitration courts on the Internet information and telecommunications network, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated 27.09.2017 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
7. Regulations on the procedure for posting the texts of judicial acts on the official websites of the Supreme Court of the Russian Federation, courts of general jurisdiction and arbitration courts on the Internet information and telecommunications network, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 27, 2017 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
8. Regulations on the creation and maintenance of official Internet sites of courts of general jurisdiction of the Russian Federation (approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of November 24, 2004) // ATP “Consultant Plus” [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn10/news/tax_doc_news/5846491/
9. Rules for the provision of postal services, approved by order of the Ministry of Digital Development of Russia dated April 17, 2023 No. 382 // SPS “Consultant Plus” [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn10/news/tax_doc_news/5846491/
10. A meeting was held on expanding citizens’ access to justice using digital technologies. [Electronic resource]. – Access mode: https://vsrf.ru/press_center/news/32662/ (access date: 10/17/23).
11. Zelentsov A. B., Natroshvili G. I. Digital support of administrative justice in the conditions of building an “electronic state”: some theoretical issues // Administrative law and process. 2020. No. 12.
12. Shikina D.V., Shumov P.V. Some problems of proper notification of persons participating in arbitration proceedings // Diary of Science. 2020. No. 6 (42). P. 62.
13. Shatkovskaya T.V., Goncharov E.I. Electronic document management in the judicial system of the Russian Federation. Problems and prospects // North Caucasian Legal Bulletin. 2021. No. 2.
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the Kuban State Agrarian University, Krasnodar
KONDRA Alisa Vasiljevna
student of the 3rd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
SEDOVA Anastasiya Alexandrovna
student of the 3rd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF LEGAL REGULATION OF SURROGACY IN RUSSIA
This work is devoted to the legal regulation of the institution of surrogacy in the Russian Federation. The authors consider the impact of family law norms on social relations related to surrogacy. In addition, the work used regulations of the Government and the Ministry of Health. The article touches on currently relevant gaps in legislation and provides judicial practice. Such important aspects as subjects of legal relations and their legal status are considered. By analyzing the regulatory framework, the authors highlight the problems that currently exist. At the same time, the article suggests ways to solve them by changing legislation.
Keywords: surrogacy, assisted reproductive technologies, family law, civil law, healthcare.
Bibliographic list of articles
1. Savitskaya A. A., Kudryavtseva L. V. Current problems of legal regulation of surrogacy // Scientific support of the agro-industrial complex. – 2019. – pp. 1394-1398.
2. Kudryavtseva L.V., Kuemzhieva S.A., Maslennikova L.V. Current problems of family law: textbook. allowance. – Krasnodar: KubGAU, 2020. – 101 p.
LABOR LAW
GORELOV Roman Olegovich
postgraduate student of Labor law and social security law sub-faculty of the Russian State University of Justice
THE PROBLEMS OF CONCLUDING FIXED-TERM EMPLOYMENT CONTRACTS
The article reveals the concept, the essence of a fixed-term employment contract, and the labor guarantees of an employee engaged in activities under a fixed-term employment contract. It turns out that such contracts can reduce the employee’s security by allowing an unscrupulous employer to dismiss an employee after the expiration of the contract, as well as repeatedly extend a fixed-term employment contract for longer periods or with more extensions than permitted by applicable law . The foreign experience of legal regulation of this issue is considered. The problems of legal regulation of the conclusion and termination of an employment contract in the Russian Federation, as well as judicial practice in this category of disputes, are analyzed. Proposals are being made aimed at improving labor legislation, ensuring uniformity of judicial practice and, ultimately, protecting the rights and legitimate interests of employees engaged in work undera fixed-term employment contract.
Keywords: fixed-term employment contract, employee, employer, term, conclusion, renegotiation, abuse, court.
Bibliographic list of articles
1. Lyutov N. L. Fixed-term employment contract as a tool for precarious employment: multiple re-conclusion and the possibility of concluding with scientific and pedagogical workers // Labor law in Russia and abroad. – 2018. – No. 4. – P. 20-23.
2. International Labor Organization. Legal regulation of labor relations in Europe and Central Asia: guidance to Recommendation No. 198. – Geneva: ILO, 2014.
3. Bobkov V.N., Voitkovskaya I.V., Golovina S.Yu. et al. Labor relations in the development of non-standard forms of employment: monograph / Ed. N. L. Lyutova, N. V. Chernykh. – Moscow: Prospekt, 2022.
LABOR LAW
KUCHINA Yuliya Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Labor Law sub-faculty of the V. F. Yakovlev Ural State Law University
ON THE ISSUE OF INCREASING THE EFFICIENCY OF INVESTING IN WORKING PERSON EDUCATION IN CONDITIONS OF PERSONNEL SHORTAGE
The article examines the issue of areas and levels of education that can most effectively help solve the problem of personnel shortages, primarily through investment from the state. The author substantiates the need to update the federal project “Promotion of Employment” from the point of view of expanding the citizens participating in it, as well as protecting public investments. The author also considers it appropriate to increase the status of professional standards and secondary vocational education in order to reduce the overeducation of workers.
Keywords: working person, Labor Code, education, personnel shortage, investment, qualification requirements, public policy, overeducation, promotion of employment.
Bibliographic list of articles
1. Maslennikova S.V. Ideology of constitutional amendments of 2020 in the sphere of social and economic development // Law. Journal of the Higher School of Economics. 2021. No. 5. P. 24-47.
2. Gaplikov S. A., Kurakov A. L. Labor Man as an Economic Category // Bulletin of the Chuvash University. 2010. No. 1. P. 328-333.
3. Dobrynin A.I., Dyatlov S.A., Tsyrenova E.D. Human capital in a transitive economy: formation, assessment, efficiency of use. St. Petersburg: Nauka, 1999. 309 pp.
4. Nikandrov N. D. Excessive education: memories from history and reflections on modernity // World of education – education in the world. 2020. No. 2 (78). P.7-21
5. Varlamova T. A., Gokhberg L. M., Ozerova O. K. et al. Education in numbers: 2023: a brief statistical collection / Nat. research University “Higher School of Economics”. M.: ISSEK HSE, 2023. 132 p. 350 copies – ISBN 978-5-7598-3004-7 (in the region).
6. Goliusova Yu. V., Ivashchenkova N. V. Excessive education in Russia: socio-economic consequences // Theory and practice of social development. 2014. No. 18. P.25-31
LABOR LAW
LINETS Alexander Alexandrovich
Ph.D. in Law, associate professor of Labor law sub-faculty of the M. V. Lomonosov Moscow State University
LEGAL CONSTRUCTIONS OF THE IMPLEMENTATION OF THE EMPLOYER POWER
The exercise of employer power is closely linked to the conduct of entrepreneurial activity. One of the most important aspects of labor relations is the disability to transfer the burden of entrepreneurial risk to employees. However, “being” in the power of the employer largely determines the dependence of the employee’s position on the employer’s choice of legal structures for the implementation of the employer’s authority. This article argues that such a choice often leads to a deterioration in the position of an employee, not so much from the point of view of the “letter” of the law, but based on the principles and objectives of labor legislation. This implies the need for a teleological interpretation of the possibility of applying certain legal structures by the employer. Moreover, there is a so-called “competition” of certain legal structures, the resolution of which takes place mainly with the participation of law enforcement bodies (as in the case of termination of an employment contract under paragraph 2 of part 1 of Article 81 and under paragraph 7 of Part 1 of Article 77 of the Labor Code of the Russian Federation).
Keywords: legal structures, entrepreneurial risk, employer power.
Bibliographic list of articles
1. Kurennoy A. M. Law and justice in the Russian system of regulation of labor relations // Labor law in Russia and abroad. 2018. No. 4. P. 5-9.
2. Linets A. A. The role of labor law in the economic systemsociety at the present stage: dis. … doc. legal Sci. Moscow, 2022. 509 p.
3. Lushnikov A. M., Lushnikova M. V. Modern Russian labor law: global challenges in the context of risk and uncertainty // Labor law in Russia and abroad. 2023. No. 1. P. 2-5.
LABOR LAW
FILUSHСHENKO Lyudmila Ivanovna
Ph.D. in Law, associate professor of Legal regulation of economic activity sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
PROFILING AS A TOOL FOR EVALUATING EMPLOYEES
The purpose of the study is to identify the content of the concept of “job seeker profiling” and the possibility of using it to evaluate persons in employment relationships. Attention is paid to the analysis of the wording of the law, the existing practice of collecting personal data of citizens. It is noted that excessive personal data not provided for by law is being collected and used in the process of evaluating citizens. Legally significant decisions are made on the basis of personal data collected in violation of the law. Profiling as a technology that helps solve personnel management issues is applicable, but relying on artificial intelligence solutions is dangerous, since there is a risk of erroneous decisions. Employers should be prohibited from making legally significant decisions based solely on automated processing of personal data. When forming a digital profile of an employee, we consider it necessary to limit the possibilities of the employer, to prevent illegal collection of information.
Keywords: assessment, profile, personal data, redundant information, private life, artificial intelligence.
Bibliographic list of articles
1. Abaev F. A. Legal regulation of relations on the protection of personal data in labor law: abstract. …dis. Ph.D. legal Sci. – M., 2014. – 27 p.
2. Gorodnova N.V. Application of artificial intelligence in the digital economy: monograph. – M.: First economic publishing house. 2021. – 154 pp.
3. Petrakova E. E. Study of the practice of using personnel profiling at an enterprise // Bulletin of the Komi Republican Academy of Public Service and Management. Theory and practice of management. 2021. – No. 4. – P. 76-82.
4. Filipova I. A. The influence of digital technologies on labor: guidelines for labor law. – Nizhny Novgorod, 2021. – 106 p.
5. Filipova I. A. Labor law: challenges of the information society // Law. Journal of the Higher School of Economics. – 2020. – No. 2. – P. 162–182.
INFORMATION LAW
DAVUDOVA Saida Yamudinovna
associate professor of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAGIMHANOVA Kamilla Tagirovna
lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan state University, Makhachkala
LEGAL REGULATION OF QUANTUM TECHNOLOGIES IN THE RUSSIAN FEDERATION
The article examines the basics of legal regulation of quantum technologies. Unlike many other fields of science, the scientific foundations of the legal regulation of quantum technologies have not yet been fully defined.
The features of the regulation of quantum technologies and communications in the Russian Federation and foreign countries are determined. The regulation of quantum technologies in legislation is considered and directions for the development of their legal regulation are proposed. The ongoing research has shown that quantum technology as an object of law needs to regulate the basics of regulating the legal essence, taking into account the features that consolidate the definition of regulatory regimes of quantum technologies. Such regulation applies to both general and special or special quantum technologies.
Keywords: quantum technologies; quantum communications; objects of law; technologies; scientific technologies.
Bibliographic list of articles
1. Karasev O.I. et al. The concept of “big challenges” in the system of forecasting the development of science, technology and innovation // Economic analysis: theory and practice. – 2019. – T. 18. – No. 7. – P. 1196-1212.
2. Kholodnaya E. V. Quantum technologies as an object of law // Bulletin of the University named after O. E. Kutafin. – 2022. – No. 4 (92). – pp. 38-45.
3. Naumov V. B., Stankovsky G. V. Legal aspects of quantum communications: new horizons // Gaps in Russian legislation. – 2019. – No. 4. – P. 235 @@ Fedotov N. N. Forensics – computer forensics [Text] / N. N. Fedotov. – M.: Legal World, 2007. – 432 p.
4. Golovkin R. B., Zybin D. G., Kalach A. V. Law of quantum technologies // Bulletin of the Voronezh Institute FSIN Russia. – 2021. – No. 1. – P. 134-140.
INFORMATION LAW
RAGIMKHANOVA Kamilla Tagirovna
senior lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF THE CONCEPT OF LEGAL INFORMATION AND ITS LEGAL PROPERTIES
The relevance of the research topic is due to the fact that in modern society the role of information is increasing in almost all areas of life. The reason for this is the fact that the information sector is succeeding in development even more than, for example, the development of the agricultural sector or the economy. Therefore, it is safe to call the XXI century the information century, and modern society the information one. The information society is developing at a rapid pace, and this development, in turn, affects the social relations that develop between members of society.
Keywords: information openness, properties, transparency, information, legal regulation.
Bibliographic list of articles
1. Belyaeva O. V. Freedom of information, the right to information and the right to protection from information // Modern society and law. – 2021. – No. 2 (51). – pp. 39-44.
2. Butova A. S. State information policy of the Russian Federation at the present stage // Science in the modern world: collection of articles of the international scientific conference / Ed. V.V. Rastoskueva. O. E. Gribova, I. V. Nekrasova. – 2016. – P. 114.
3. Dzyuba O. N., Novitskaya E. A. Propaganda, freedom of speech and its restrictions, the right of citizens to be informed // Financial Economics. – 2022. – No. 12. – P. 205-208.
4. Egorov P. A. Issues of digitalization. Protection of personal data in modern realities // XXXV international Plekhanov readings: Anniversary collection of articles by graduate students and young scientists in English, Moscow, March 25, 2022. – Moscow: Russian Economic University named after G.V. Plekhanov, 2022. – P. 33-37.
5. Kanishevsky N. A. The right to information, the right to access information: problems of relationships between concepts / N. A. Kanishevsky // Current issues in the development of the modern digital environment: a collection of articles based on the materials of the scientific and technical conference of young scientists. – Moscow, 2021. – pp. 321-329.
FINANCIAL LAW
GAVRILSNENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
DENISUUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
TNE PROCEDURE FOR PROTESTING TNE RIGNTS OF TACHROUERS IN AN ADMINISTRATIVE MANNER
The administrative procedure for the protection of taxpayers’ rights is of high importance within the framework of the taxation system, since, in accordance with part 2 of Article 138 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation), this procedure is the first stage preceding the taxpayer’s appeal to the judicial authorities. The relevance of this topic stems from the fact that the effectiveness of the mechanism of the administrative procedure for the protection of taxpayers’ rights affects the general system of guaranteeing their rights. The administrative order is an integral component of the entire system, being the primary link. Firstly, it represents a key mechanism for protecting the rights of the taxpayer, and, secondly, it acts as a kind of “filter” that unloads judicial authorities from excessive workload, which, of course, is of high importance in modern conditions.
Keywords: financial law, tax law, taxes, taxpayers’ rights, protection of taxpayers’ rights, administrative procedure for the protection of rights.
Bibliographic list of articles
1. Sidorova A. V. Tax disputes: concept and signs // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (Z2).
– P. 76 [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalogovyespory-ponyatie-i-priznaki (date of access: 12/17/202З).
2. Smolina O. Adversarialness and spontaneity in pre-trial evidence / O. Smolina
// Tax newsletter. – 2016. – No. 6. – P. 89. Z7. @@ Smolina O. S. The purpose of proof in tax disputes in arbitration proceedings / O. Smolina // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2017. – No. 1 (59). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsel-dokazyvaniyapo-nalogovym-sporam-v-arbitrazhnom-protsesse (date of access: 12/17/202З).
Z. Marzoeva I. O. Administrative procedure for appealing acts of tax authorities, actions (inactions) of officials of tax authorities. Type: Article Author: Marzoeva I. O. – Moscow: Publishing house: Yurist, 2008. – P. 19-2З.
4. Gribanov V. P. Interest in graZhdansky law // Soviet state and law. – 1967. – No. 1. – P. 49-56.
5. Sultanov A. R. Appeal and legitimate interest in the procedure for challenging normative acts / A. R. Sultanov // Russian judge. – 2017. – No. 10. – P. 49-54.
6. Tolcheev N.K. Judicial challenge of acts containing clarifications of legislation and having normative properties // Judge. – 2018. – No. 1. – S. Z8-42.
7. Torbunova V.V. Pre-trial settlement mechanism
tax disputes // Legal fact. – 2017. – No. 8 (8).
– pp. 6-8.
8. Fairuzova Yu. M., N. N. Boyko The concept and essence of a tax dispute // Modern scientific research and development. – 2017. – No. 9 (17). – pp. 480-481.
9. Khavanova I. A. Features of proceedings on tax disputes in arbitration courts – current issues of theory and practice // Taxes-journal. – 2010. – No. 5.
– P. 10-17.
FINANCIAL LAW
GERASHCHENKO Alexandra Sergeevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOVA Albina Nikolaevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF PAYMENT FOR ACTUALLY UNCOMPLETED WORK ACCORDING TO THE STATE CONTRACT
This scientific article examines the problem of actually unfulfilled work under government contracts in the Russian Federation. The article analyzes the legal core of regulation of this problem, including the provisions of Federal Law No. 44-FZ, as well as administrative and criminal liability that may be applied in case of violation of contractual obligations. The current status of the bill proposing to authorize municipal financial control bodies to draw up protocols in the case of municipal contracts is also considered. Particular attention is paid to the stage of acceptance of completed work and the possible administrative consequences for suppliers in case of non-compliance with the terms of the contract. The problem of the effectiveness of regulation of municipal contracts is raised, highlighting the need to improve legislation in this area. An analysis of articles 285.1 and 285.2 of the Criminal Code of the Russian Federation emphasizes their importance in preventing abuse of budget funds that undermine the financial stability of the state. The author identifies public and personal interests, the violation of which may be a consequence of non-compliance with contractual obligations. In fact, unfulfilled work under government contracts is seen as a source of serious problems for the budgetary system, highlighting the urgency of the issue.
Keywords: unfulfilled work, state contract, municipal contract, financial control, legislation, state and municipal needs.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (as amended on July 4, 2020) // “Rossiyskaya Gazeta” dated December 25, 1993 – No. 237 (original text).
2. Part one of the Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ Adopted by the State Duma on October 21, 1994 (as amended on October 1, 2023) // Collection of Legislation of the Russian Federation dated December 5, 1994 – No. 32 . – Art. 3301.
3. Budget Code of the Russian Federation dated July 31, 1998 No. 145-FZ (as amended on September 1, 2023) // Collection of Legislation of the Russian Federation dated August 3, 1998 – No. 31. – Art. 3823.
4. Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (as amended on August 15, 2023) // Collection of legislation of the Russian Federation dated 8 April 2013 – No. 14. – Art. 1652.
5. Mironenko N. N., Pavlov N. V. Features of the management of municipal property // Epomen. – 2022. – No. 69. – P. 212-219.
6. Nikulina S. A., Yushko A. V. On the issue of legal regulation of municipal procurement // Epomen. – 2019. – No. 25. – P. 212-221.
7. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on October 12, 2023) // Collection of Legislation of the Russian Federation dated January 7, 2002 – No. 1 (Part I). – St. 1.
8. Arkhireeva A. S., Repyakh A. Budget of a municipal entity: problems and ways to increase its revenue and prevention of tax offenses // Epomen. – 2021. – No. 55. – P. 290-295.
9. Arkhireeva A. S., Kostenko B. Yu. Financial security and the main directions of its provision // Epomen. – 2019. – No. 34. – P. 26-32.
10. Criminal Code of the Russian FederationII dated June 13, 1996 No. 63-FZ (as amended on October 12, 2023) // Collection of Legislation of the Russian Federation dated June 17, 1996 – No. 25. – Art. 2954.
11. Ochakovsky V. A., Usenko A. S. Forensic characteristics of abuses in the sphere of public procurement of goods, works, services to ensure state or municipal needs // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (61). – pp. 82-89.
12. Leiba I. P., Pavlov N. V., Ochakovsky V. A. The municipal budget as a key element of the economic foundations of local self-government (municipal legal aspect) // Humanitarian, socio-economic and social sciences. – 2019. – No. 7. – P. 94-97.
13. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
14. Abramov N.V., Yushko A.V. Economic basis of local self-government of the era. – 2019. – No. 23. – P. 20-28.
FINANCIAL LAW
DZUTSEVA Madina Feliksovna
assistant of Financial and administrative law sub-faculty of the Faculty of Law of the K. L. Khetagurov North Ossetian State University
THE IMPACT OF INTERNATIONAL SANCTIONS ON THE RUSSIAN FINANCIAL SYSTEM AND ADAPTATION STRATEGIES
The article analyzes the economic effect of the sanctions imposed on the Russian Federation, as well as their interim results. The nature of sanctions pressure, its mechanism are revealed, and the expediency of imposing sanctions in the modern world is analyzed. The assessment of the Government’s economic bloc’s response to sanctions is given. The barriers and obstacles to the recovery growth of the Russian economy are considered, among which are: limited access of Russia to the technology market, difficulties in adapting to new conditions for small and medium-sized businesses, dependence on China. Strategies for adapting to new economic conditions and minimizing negative consequences are formulated.
Keywords: sanctions pressure, adaptation policy, economic system, recovery growth, economic effect.
Bibliographic list of articles
1. Smorodinskaya N.V., Katukov D.D. Russia under sanctions: limits of adaptation // Bulletin of the Institute of Economics of the Russian Academy of Sciences. –2022. – No. 6. – P. 52-67
2. Masalsky M. G. Economic sanctions. The impact of economic sanctions on the Russian Federation // Economy and Society. 2022. – No. 4-3 (95). – pp. 95-97
3. Smirnov E. N. Evolution of the international practice of applying anti-Russian economic sanctions // Russian Foreign Economic Bulletin. – 2022. – No. 4. – P. 4-31
4. Sagina O. A., Lazarev B. A. Adaptation of the Russian economy under sanctions // Bulletin of Eurasian Science. – 2023. – T. 15. – No. 2. – [Electronic resource]. – Access mode: https://esj.today/PDF/49ECVN223.pdf
5. Sukharev O. S. Policy of import substitution under sanctions / O. S. Sukharev // Russia: trends and development prospects. – 2022. – No. 17-2. – pp. 172-176.
6. Shageeva G. R., Galiakhmetova R. R. The impact of sanctions against Russia on the global economy // Universum: economics and jurisprudence. – 2022. – No. 5 (92). – pp. 5–7.
7. Shogenova D. Kh. Threats to Russia’s economic security under sanctions // Economics and business: theory and practice. – 2022. – No. 4-2. – pp. 234-238
FINANCIAL LAW
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor, professor of the Higher School of Public Law of the Institute of Law of the Pacific National University, Khabarovsk
GLUSHIN Dmitriy Yaroslavovich
student of the Institute of Law of the Pacific National University, Khabarovsk
KANAKAEVA Karina Vladimirovna
student of the Institute of Law of the Pacific National University, Khabarovsk
NON-BANK CREDIT ORGANIZATIONS IN THE BANKING SYSTEM OF THE RUSSIAN FEDERATION
Тhe article attempts to determine the place and role of non-bank credit organizations in the modern banking system of the Russian Federation, as well as the features of the financial legal personality of their individual types.
Based on the analysis of current legislation, statistical data, and application practices, some problems of legal regulation in the field of public relations under consideration are identified, conclusions are formulated aimed at improving banking legislation and practical activities.
Keywords: a banking system, a non-bank credit organization, lending, a payment system, a payment organization, the government, the central counterparty, the banking legislation.
Bibliographic list of articles
1. Bank of Russia. – [Electronic resource]. – Access mode: https://www.cbr.ru/ (date of access: 11/16/2023).
2. Mironova S. M.,Kozhemyakin D.V. The role of banks in the application of experimental tax regimes // Banking Law. – 2022. – No. 5.
FINANCIAL LAW
KEREFOVA Bella Ruslanovna
assistant of the Higher School of Law and Forensic Technical Expertise of Peter the Great St. Petersburg Polytechnic University
SURKIS Ilya Vitaljevich
student of the Higher School of Law and Forensic Technical Expertise of Peter the Great St. Petersburg Polytechnic University
LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS
This article focuses on the fact that over the past decade, society has developed rapidly, new information technologies have been introduced into all spheres of life, and their active use has led to improved products in all sectors of the economy. In today’s reality, economic agents are forced to look for alternative ways of doing business and new means of preserving funds that are less susceptible to changes in financial markets. The digitalization of the Russian economy today has led to the emergence of an innovative digital financial product, namely digital financial assets (hereinafter referred to as DFAs). , the planned further development of the main areas of economic activity in a digital direction shows the importance of an in-depth study of both the very nature of DFAs and their legal foundations.
Keywords: digital financial assets, digital currency, digital financial technologies.
Bibliographic list of articles
1. Koshelev K. A. Trends in the development of the market of digital financial assets in the context of the digital transformation of the world economy // Finance: theory and practice. – 2022. – No. 26 (4). – pp. 80-94.
2. Kochergin D. A., Pokrovskaya N. V. International experience in taxation of crypto assets // Economic journal of the Higher School of Economics. – 2020. – No. 1 – pp. 8-12.
3. Denisov I. S., Kapichnikova E. Yu., Yurakova A. Yu. Legal regulation of digital financial assets in Russia // Economics. Right. Society. – 2019. – No. 4. – P. 66–71.
4. On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation: Federal Law of the Russian Federation dated July 31, 2020 No. 259-FZ // “ConsultantPlus”.
5. Romanov N. I., Romanova N. V. Digital financial assets and the state: control and security // From scientific ideas to business development strategy: a collection of articles-presentations of student research works on the problem “National security as the basis of competitiveness and economic growth of the country.” – Moscow: Scientific consultant, 2019. – T. 1. – P. 186-191.
6. Rohr, Jonathan and Wright, Aaron, Blockchain-Based Token Sales, Initial Coin Offerings, and the Democratization of Public Capital Markets (October 4, 2017). Cardozo Legal Studies Research Paper no. 527; University of Tennessee Legal Studies Research Paper No. 338. Available at SSRN: https://ssrn.com/abstract=3048104, (accessed 12/06/2023).
7. The Virtual Financial Assets Act. [Electronic resource]. – Access mode: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29079&l=1 (date of access: 06/28/2023).
8. Decree of the President of the Republic of Belarus dated December 21, 2017 No. 8 “On the development of the digital economy.” [Electronic resource]. – Access mode: http://president.gov.by/ru/official_documents_ru/view/dekret-8-ot-21-dekabrja-2017-g-17716 (date of access: 12/06/2023).
9. House Bill 138 Revised Uniform Fiduciary Access to Digital Assets Act / LegiScan. [Electronic resource]. – Access mode: https://legiscan.com/AL/text/HB138/2017 (access date: 12/06/2023).
FINANCIAL LAW
OVCHINNIKOVA Larisa Ivanovna
Ph.D. in Law, associate professor, associate professor of International and public law sub-faculty of the Financial University under the Government of the Russian Federation
ON THE ISSUE OF LEGAL REGULATION OF THE DIGITALIZATION OF THE ECONOMY
The article deals with topical issues of legal regulation of the digitalization of the economy, the analysis of existing and the development of new legislative acts to ensure the protection of the rights and interests of citizens, business and the state in a digital environment, the development of effective legal mechanisms for regulating the digital economy. The problematic aspects of legal regulation related to the specifics of relations in the digital economy in the development of legal norms, in the search for an optimal balance between regulatory legal regulation and self-regulation in the digital economy, the relationship between domestic and international law in the context of the digital economy are considered and ways to solve them are proposed.
Keywords: digitalization, economics, digital technologies, legal regulation, legal mechanisms, legislative act, artificial intelligence.
Bibliographic list of articles
1. Collection of legislation of the Russian Federation. – 2017. – No. 20. – Art. 2901. – [Electronic resource]. – Access mode: https://www.szrf.ru/
2. Gadzhieva Kh. V., Omarova Z. N. Issues of legal regulation of digital transformation of the financial system // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 1. – P. 91-93.
3. Efimova L. G. An alternative view on the legal regulation of civil law relations in the digital economy // Current problems of Russian law. – 2021. – T. 16. No. 8. – P. 52-62.
4. Yakovleva-Chernysheva A. Yu., Druzhinina A. V. Legal regulation of digitalization processes in Russia: civil law aspect // Legal studies. – 2021. – No. 8. – P. 51-62.
FINANCIAL LAW
SНKIL Vladislav Viktorovich
student of the Far Eastern Federal University, Vladivostok
SAVIN Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
GORNOSTAL Stas Vitalievich
student of the Far Eastern Federal University, Vladivostok
SNERNENKO Vyacheslav Olegovich
student of the Far Eastern Federal University, Vladivostok
ANALYSIS OF TNE IMPAST OF FINANCIAL BUBBLES ON TNE ECONOMY
This review is dedicated to a comprehensive analysis of the financial bubble phenomenon, its origins, development mechanisms, and consequences for the economy. The paper examines various types of financial bubbles, including speculative, rational, and commission-based, as well as their characteristic features and causes. Authors provide historical examples of financial bubbles, analyzing their dynamics and implications for the economy. Special attention is given to Russian and global experiences, demonstrating how financial bubbles can impact different aspects of the economic system.
Keywords: financial bubble, economic crisis, speculation, market value, inflation, financial stability, development mechanisms, historical examples, impact on the economy, risk prevention.
Bibliographic list of articles
1. Shiller R. J. Irrational ecstasy: What forces are behind financial bubbles. – Moscow: Alpina Publisher, 2015.
2. Graham B., Dodd D. Analysis of securities. – Moscow: Williams, 2007.
Z. Minsky H. Stability and instability in the financial system. – Moscow: Gaidar Institute Publishing House, 2016.
4. Keynes J.M. General theory of employment, interest and money. – Moscow: Eksmo, 2017.
5. Soros J. The crisis of world capitalism: open society is in danger. – Moscow: Infra-M, 1998.
6. Roubini N., Miom S. Economics of crisis: chronicle of the global collapse. – Moscow: Eksmo, 2009.
TAX LAW
GLУZIN Аlexey Vladislavovich
student of the Far Eastern Federal University, Vladivostok
ZНOVANIK Kseniya Matveevna
student of the Far Eastern Federal University, Vladivostok
BURDУUKOVA Аanna Аndreevna
student of the Far Eastern Federal University, Vladivostok
ABRAMOVA Sofiya Mikhaylovna
student of the Far Eastern Federal University, Vladivostok
INTRODUCTION OF A SINGLE TAX ASSOUNT AS A WOW TO OPTIMIZE TNE TAX PROCESS
This document represents an analytical study dedicated to the exploration of the timely subject of tax process optimization in the Russian Federation, with a special focus on the issues of implementing and applying a unified tax account. The paper examines the key aspects of the current tax system, identifies areas in need of refinement and improvement, and suggests solutions to the identified problems.
Keywords: taxation, unified tax account, tax process optimization, Russian tax system, fairness in taxation, transparency of tax relations, simplification of tax payment procedures, automation of tax calculations, legal certainty, fiscal policy, financial monitoring, social justice, efficiency of the tax system, interaction between taxpayers and tax authorities.
Bibliographic list of articles
1. Draft federal law No. 46702-8 “On amendments to parts one and two of the Tax Code of the Russian Federation” (in terms of improving the procedure for paying taxes). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
2. Explanatory note to the draft federal law “On amendments to parts one and two of the Tax Code of the Russian Federation. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
Z. On the draft federal law No. 46702-8 [Video recording]: Consideration of the bill State. Federal Duma. Collection Ross. Federation in the first reading 02/15/2022 / A. M. Makarov. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
4. Tax Code of the Russian Federation (part one) dated July 1, 1998 N 146-F3 (as amended on December 28, 2022) (with amendments and additions, entered into force on January 1, 2023) // SPS ConsultantPlus.
5. Conclusion on draft federal law No. 46702-8 “On amendments to parts one and two of the Tax Code of the Russian Federation” introduced by the Government of the Russian Federation. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
6. Ivanova S. V. Modernization of the tax system of the Russian Federation: advantages and risks of introducing a single tax account. – Moscow: Economics, 2022. – 156 pp.
7. Kuznetsova O. P. Analysis of changes in tax legislation: transition to a single tax account // Journal “Taxes and Financial Law”. – 202З.
– No. 4. – S. 45-5Z.
TAX LAW
KEREFOVA Bella Ruslanovna
assistant of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ROMANOVA Nataliya Evgenjevna
student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
SURKIS Ilya Vitaljevich
student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
IMPACT OF RISING TAXES AND FINES ON THE LEVEL OF CORRUPTION
This article examines the impact of rising taxes and fines on the level of corruption in the Russian Federation. The study is conducted to identify a possible relationship between an increase in tax and fine burden on the one hand and an increase in corrupt practices on the other. The article analyzes factors that may contribute to increased corruption in the context of rising taxes and fines, such as increased bureaucracy, the complexity of government tax procedures and the lack of sufficient transparency in the tax system. In conclusion, the study offers recommendations to reduce the negative impact of rising taxes and fines on the level of corruption in Russia.
Keywords: corruption, tax system, budget, fines, abuse of power, anti-corruption policy.
Bibliographic list of articles
1. Valieva O. Rising taxes and fines contribute to corruption // Scientific and educational portal IQ. [Electronic resource]. – Access mode: https://iq.hse.ru/news/177665373.html (date of access: November 26, 2023).
2. Gnatyshina E.I. Main directions of combating corruption in the modern world // Bulletin of the Russian University of Cooperation. – 2023. – No. 2. – P. 9-13.
3. Ignatova P. I., Kuzyakin Yu. P. Methods of combating corruption when interacting with taxpayers // Aspect. – 2021. – No. 16. – P. 3-7.
4. Maksimov V.K. The concept of corruption in international and Russian law // Law and Security. – 2002. – No. 2-3. – pp. 38-42.
5. Morokhov D. A., Demidov V. P., Demidov A. Yu., Mokhorova A. Yu., Klinitsky A. I., Danshina N. A. and Dolzhenkova E. Social regulators of combating corruption, extremism and terrorism / Monograph. Publishing house: Federal State Autonomous Educational Institution of Higher Education “Peter the Great St. Petersburg Polytechnic University” (St. Petersburg). – 2023, 136 pp.
6. Mokhorov D. A., Dolzhenkova E., Minkina M. V. Anti-corruption in the context of digitalization of state institutions // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 95-98.
7. Tax Code of the Russian Federation dated July 31, 1998 No. 146-FZ // Russian newspaper. – St. 8 s change and additional, ed. from 01.10.2023.
8. Nikitin K. Why we don’t want to pay taxes // HBR. – 2015. – No. 8. – P. 11-17.
9. Novikov S. Experts: increasing fines for violating traffic rules will lead to increased corruption // Moscow newspaper. [Electronic resource]. – Access mode: https://mskgazeta.ru/obshchestvo/eksperty-povyshenie-shtrafov-za-narushenie-pdd-privedet-k-usileniyu-korrupcii.html (date of access: November 26, 2023).
10. Resolution of the Sixteenth Court of Appeal dated October 15, 2021 No. A20-2322/2016. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/gAmBTDbbEkJw/ (date accessed November 26, 2023).
11. Federal Law of the Russian Federation “On Combating Corruption” dated December 25, 2008 No. 273-FZ // Rossiyskaya Gazeta. – with change and additional, ed. from 09.15.2023.
12. Yashina G. Why increasing taxes in Russia will lead to a decline in the economy and corruption // Capital of the Country. [Electronic resource]. – Access mode: https://kapital-rus.ru/articles/article/pochemu_povyshenie_nalogov_v_rossii_privedet_k_padeniyu_ekonomiki_i_korrupc/?ysclid=lpiqgaf2ol824447879 (date of access: 11/26/2023).
LAND LAW
DZHUNUSOVA Dzhamilya Nurashevna
Ph.D. in Law, associate professor, associate professor of Jurisprudence sub-faculty of the Institute of Economics and Law of the Astrakhan State Technical University
ON THE ISSUE OF LIABILITY FOR NON-USE OR IMPROPER USE OF AGRICULTURAL LAND
The lands used for agricultural purposes are rightfully recognized as a key resource, the basis for ensuring the country’s food security and its economic well-being. Therefore, one of the main issues that should constantly be in the focus of the state’s attention is the need for the rational use of agricultural land, the preservation of soil fertility and the prevention of a reduction in the area of land of this category.< br /> The article provides data characterizing the quantitative and qualitative condition of agricultural lands as part of the country’s land fund, analyzes the current legislation providing for liability for non-use or improper use of such lands.
Keywords: agricultural lands, soil fertility, land degradation, signs of non-use of land, legal liability.
Bibliographic list of articles
1. Eliseeva I. A. Legal regulation of the use and protection of agricultural lands in the Russian Federation and foreign countries: comparative legal analysis // Legal Bulletin of the Kuban State University. – 2023. – No. 1. – P. 55-62.
2. Pozdnyakova E. A. Management of unused or used in violation of the legislation of the Russian Federation agricultural land plots: comparative legal aspect // Bulletin of Tomsk State University. – 2022. – No. 478. – P. 236-243.
SOCIAL SECURITY 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
ON THE ISSUE OF SOCIAL SERVICES FOR THE PARTICIPANTS OF THE SMO OF THE RUSSIAN FEDERATION
The paper considers the issues of legislative consolidation of issues related to social services for participants in hostilities, special military operations, and veterans. Military personnel, conscripts for partial military mobilization and volunteers participating in the military have a certain number of preferences. Such opportunities are available not only during the service period, but also after it. However, there is a separate legislation for the military, on the basis of which they serve and benefits are also already established in these norms. It is worth noting that recent socio-economic changes have brought quite a lot of changes to the legislation on social services, which, in turn, affected other categories involved in the military operation. The paper attempts to analyze the existing norms and the possibility of their application to certain categories of participants in the SMO.
Keywords: the right of social security, social services, combatants, veterans, civil legislation.
Bibliographic list of articles
1. Ananyev O. G., Ananyeva E. O. The role of Peter I in solving social problems of the country’s population: the connection of the historical past in relations between the state and religious associations in penitentiary activities // Eurasian Legal Journal. 2022. No. 7 (170). pp. 75-77.
2. Ananyeva E. O., Ivliev P. V. On the legislative regulation of state payments as support for families with children // Law and Law. 2021. No. 11. P. 54-56.
3. Shmaeva T. A., Ananyeva E. O. The right of disabled people in the Russian Federation to social services: analysis of current legislation // Bulletin of the public research laboratory “Interaction of the penal system with the institutions of civil society: historical, legal and theoretical methodological aspects”. 2019. No. 15. P. 48-56.
4. Ananyeva E.O. Formation of an accessible system of legal information and provision of legal assistance to various categories of citizens of the Russian Federation // Bulletin of the public research laboratory “Interaction of the penal system with the institutions of civil society: historical, legal and theoretical and methodological aspects.” 2018. No. 11. P. 54-61.
5. Conscripts fighting on the borderin certain regions of Russia, will be given the status of a combat veteran. – [Electronic resource]. – Access mode: https://eanews.ru/news/srochnikam-voyuyushchim-v-prigranichnykh-oblastyakh-rossii-prosvoyat-status-veterana-boyevykh-deystviy_14-06-2023 (access date 02/5/2024).
BUSINESS LAW
ZUBKOVA Mariya Nikolaevna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State Economic University
BATALOV Ramil Evgenjevich
postgraduate student of the Institute of Law of the Samara State Economic University
CHALLENGING THE DEBTOR’S TRANSACTIONS IN THE COURSE OF EXTERNAL MANAGEMENT
Despite the fact that the norms of bankruptcy legislation have undergone significant changes in recent years, it is still an insufficiently effective mechanism. This is due to the fact that the process of challenging the debtor’s transactions is complicated by some problems of a theoretical and law enforcement nature. For example, a very significant problem is the establishment of inequality in challenging suspicious transactions of the debtor, as well as the lack of clear criteria for determining such inequality, the absence of boundaries of permissible inequality. In addition, it is difficult to determine the affiliation and interest of the counterparty in the disputed transaction, since the legislator used a very complex mechanism for this.
Keywords: bankruptcy, debtor’s transactions, preference transactions, suspicious transactions, contesting debtor’s transactions.
Bibliographic list of articles
1. Podolsky Yu. D. “Separate disputes in bankruptcy: Monograph.” – M.: Statute, 2020 – P. 114.
2. Sereda I. M. Sereda A. G. “The mechanism of legal regulation of relations arising in connection with the bringing of persons controlling the debtor to liability in bankruptcy”: Monograph.” – M.: Statute, 2020. – P. 38.
3. Tsindeliani I. A., Kiryanova N. N. Bankruptcy in the practice of the Supreme Court of the Russian Federation: a practical guide / Ed. I. A. Tsindeliani. – Moscow: Prospekt, 2018. – P. 118.
CRIMINAL 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
THE ROLE OF LEGAL CONSCIOUSNESS IN MODERN RUSSIA AS A FACTOR IN REDUCING THE RECIDIVISM OF CONVICTS
This article examines the objective need to reduce the level of recidivism among convicts in modern Russia. One effective approach is to increase the legal awareness of individuals in the criminal justice system. This study presents a set of different strategies to increase the legal consciousness of convicts and explores their potential for reducing recidivism. In the case of effective use of the mechanisms mentioned in the article associated with increasing legal awareness among convicts, the rate of recidivism can be significantly reduced.
Keywords: recidivism, convicts, criminal justice system, penal system, legal awareness, training programs, Federal Penitentiary Service, legal assistance, legal opportunities, resocialization.
Bibliographic list of articles
1. Vorobyova M. O. Legal consciousness: concept, structure, types, deformations // Bulletin of scientific thought. – 2022. – No. 4. – P. 226-230.
2. Samoilova A. A., Ivliev P. V. On the issue of educational work with convicts in penal institutions // Law and State: Theory and Practice. – 2023. – No. 8 (224). – pp. 352-354.
3. Ivliev P.V., Ananyev O.G. Social guarantees for employees of the penal system: certain aspects of medical support // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 397-399.
CRIMINAL LAW
ANTONOV Alexander Yurjevich
lecturer of the Barnaul Law Institute of the MIA of Russia
THE PRACTICE OF USING WEAPONS BY THE UN PERSONNEL SERVING IN THE PEACEKEEPING MISSIONS
The use of weapons in UN peacekeeping has traditionally being viewed as an extreme measure of acceptable self-defense. At the same time, the UN Security Council regularly deploys peacekeeping missions with mandates to protect civilians, which includes using force. Such mandates could be interpreted to allow peacekeepers to use weapons in response to various threats to civilians. This article examines the relationship between peacekeeping mandates and criminal law in the context of the legality of the protection of civilians. The practical significance of the study manifests itself in the fact that the material can be used for further research in the field of criminal law. The relevance of the research topic is determined by the importance of improving the legal framework for the use of force by UN staff in cases of extreme necessity and to the extent required for the performance of their duties.
Keywords: criminal law, international cooperation, law enforcement agencies, Interpol, UN
Bibliographic list of articles
1. Konovalova S. V. Crimes against humanity: genesis and modern understanding of the concept // Glossa: Journal of foreign legislation and comparative law. – 2016. – pp. 101-108.
2. Smith M. et al. The Protection of Civilians in UN Peacekeeping Operations: Recent Developments. // Security Challenges. – 2011. – No. 4 – P. 27-38.
3. Tishkov S. A., Labin D. K. Institutionalization of UN police peacekeeping // Bulletin of MGIMO University. – 2019. – No. 64. – P. 107-128.
4. Konyshev V.N., Kubyshkin A.I., Sergunin A.A. Protection of the civilian population in UN peacekeeping activities: problems and prospects // National interests: priorities and security. – 2015. – No. 26. – P. 53-66.
5. Badalic V. The war against vague threats: The redefenitions of imminent threat and anticipatory use of force // Security Dialogue. – 2021. – No. 52 – P. 174-191.
6. Sharland L. MINUSMA and protection of civilians: Implications for future peacekeeping missions. [Electronic resource]. – Access mode: https://theglobalobservatory.org/2023/07/minusma-and-protection-of-civilians-implications-for-future-peacekeeping-missions.html (access date: 01/15/2024).
7. Antonov A. Yu. On foreign experience in personnel selection for internal affairs bodies using the example of France // Current problems in the fight against crimes and other offenses. – 2021. – No. 21-1. – pp. 185-186.
8. Antonov A. Yu. On foreign experience in personnel selection for internal affairs bodies using the example of Malaysia // Current problems in the fight against crimes and other offenses. – 2022. – No. 22-1. – pp. 80-81.
9. Antonov A. Yu. On foreign experience in personnel selection for internal affairs bodies using the example of Iran // Current problems in the fight against crimes and other offenses. – 2023. – No. 23-1. – pp. 101-102.
10. Pommier B. The use of force to protect civilians and humanitarian action: the case of Lybia and beyond // International review of the Red Cross. – 2011. – No. 93. – P. 1063-1083.
11. Tardy T. Robust Peacekeeping: a False Good Idea? [Electronic resource]. – Access mode: http://www.jstor.com/resrep08089.10.html (access date: 01/16/2024).
12. Ruberia C. Peacekeeping in South Sudan: it’s a race agains the time for the UN. [Electronic resource]. – Access mode: http://www.theconversation.com/peacekeeping-in-south-sudan-its-a-race-agains-time-for-the-un-182442.html (access date: 01/16/2024).
CRIMINAL LAW
BUSHUEV Igor Venaljevich
Head of General legal disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
IVANCHENKO Ekaterina Vladimirovna
lecturer of Administrative activities sub-faculty of the Krasnodar University of the MIA of Russia
QUALIFICATION OF CRIMES AND ITS SIGNIFICANCE IN CRIMINAL LAW
The study is devoted to problematic issues of qualification of crimes in criminal law. Correct classification of crimes is of great importance for strengthening the rule of law, maintaining law and order, ensuring the rights and legitimate interests of citizens. It provides not only a legal, but also a social and moral assessment of the act committed by a person. The article discusses the issues of correct qualification of a crime in the context of competition of criminal law norms and the issues of qualification in a combination of crimes.
Keywords: qualification, competition, totality, crime, act, criminal law.
Bibliographic list of articles
1. Zhezhelevskaya O. Yu. On the issue of the concept of legal qualifications // Legal science. – 2017. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-ponyatii-yuridicheskoy-kvalifikatsii (date of access: November 29, 2023).
2. Zhitkov A. A. Current issues of legal regulation of the qualification of an act of complicity in a crime // Criminal punishment in Russia and abroad: problems of assignment and execution (To the 10th anniversary of the adoption of the European penitentiary rules): Collection of materials of the international scientific and practical conference. In 2 parts, Vologda, November 11, 2016 / Under the general editorship of P.V.Golodova. Volume Part 1. – Vologda: Vologda Institute of Law and Economics of the Federal Penitentiary Service, 2017. – P. 106-110.
3. Veremeenko I.V. Some issues of qualification of crimes with mediocre execution // Fight against crime: theory and practice: Materials of the II International Scientific and Practical Conference, Mogilev, February 27, 2014. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus”, 2014. – P. 17-18.
CRIMINAL LAW
VANYASHIN Ilya Sergeevich
lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
MGERYAN David Mgerovich
lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
ON THE ISSUE OF THE LIMITS OF NECESSARY DEFENSE
The question of the need for a comprehensive and systematic development of the criminal legal foundations of the institution of necessary defense, as well as in improving the provisions of criminal legislation, is quite acute in our time. This scientific article is dedicated to the analysis of the problem of determining the limits of necessary defense. The article reveals the concept of necessary defense, its conditions and limits. Having analyzed the socio-legal nature of the institution of necessary defense, including consideration of the theoretical and methodological foundations of its research, characterization of trends and patterns of development of this institution in different political and socio-economic conditions, it was concluded that it is necessary to minimize judicial and investigative errors associated with the exercise by citizens of their rights for the necessary defense against socially dangerous attacks.
Keywords: necessary defense, limits of necessary defense, right to defense, encroachment, institution of criminal law, personal protection.
Bibliographic list of articles
1. Shavgulidze T. G. Necessary defense. – Tbilisi, 1966. – 354 p.
2. Kobets P.N. The Institute of Necessary Defense is one of the first criminal law institutions // Symbol of Science. – 2015. – No. 4.
3. Durmanov N.D. Circumstances excluding public danger and wrongfulness of the act. – M., 1961. – 50 p.
4. Yakubovich M.I. Circumstances excluding public danger and illegality of an act: a textbook. – M.: Academician. Ministry of Internal Affairs of the USSR, 1979. – 64 p.
5. Yushkov Yu. N. The Institute of Necessary Defense and its role in the fight against crime in modern conditions // State and Law. – 1992. – No. 4. – P. 60-64.
CRIMINAL LAW
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty оf the Academy of the FPS of Russia
FEATURES OF THE QUALIFICATION OF SOCIALLY DANGEROUS ACTS RELATED TO THE ILLEGAL SALE OF NARCOTIC DRUGS BY REMOTE MEANS
The authors tried to draw attention to the complex issues of qualification of acts related to illicit drug trafficking. Courts, when resolving criminal cases related to illicit drug trafficking, generally correctly apply the norms of the Criminal Code of the Russian Federation. At the same time, mistakes are made in judicial practice when considering such cases. The facts of erroneous conviction of persons due to the incorrect interpretation by the courts of the concepts of manufacture, processing and production of narcotic drugs and psychotropic substances are allowed. There are difficulties in the legal assessment of the actions of persons carrying out the delivery of narcotic drugs or psychotropic substances without the purpose of sale, as well as the transfer or sale of these drugs and substances.
Keywords: qualification, law enforcement, legal signs, corpus delicti, illicit drug trafficking.
Bibliographic list of articles
1. Shelkoshvein E.V., Shelkoshvein Yu.S. Illicit drug trafficking as a threat to national security // Legal Bulletin. – 2018. – No. 3 (3-4). – pp. 66-70.
2. Roller A.I. Crime under Art. 228 1 of the Criminal Code of the Russian Federation: controversial issues of characterization // Lex Russica. – 2014. – No. 9. – P. 1079-1092.
3. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 No. 14 (as amended on May 16, 2017) “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances.”
4. Government DecreeRF from 01.10.2012. No. 1002. “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation.”
5. Vlasov P. E. Current problems of qualification and investigation of illegal drug trafficking. – M., 2023. – P. 55.
6. Shchetinina N.V. Some issues of criminal legal assessment of illegal drug trafficking punishable under Article 228 of the Criminal Code of the Russian Federation // Bulletin of the Ural Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (34). – pp. 175-180.
CRIMINAL LAW
DVORYANOV Ilya Borisovich
Ph.D. in Law, associate professor of International police cooperation and combat crime through Interpol channels sub-faculty of the All-Russian Institute for Advanced Training of the MIA of Russia
CRIMINAL LEGAL CHARACTERISTICS OF ILLEGAL CONVERSION OF CIVILIAN WEAPONS.
The article analyzes the activities of law enforcement agencies in the fight against the illegal manufacture of firearms, including through the conversion of civilian weapons. The author’s definition of converted civilian weapons is given. A description of the criminal legal characteristics of the illegal conversion of civilian weapons is given, it was concluded that it is necessary to establish increased liability for the illegal conversion of civilian weapons.
Keywords: converted civilian weapons, criminal law characteristics of the illegal conversion of civilian weapons, establishment of increased liability for the illegal conversion of civilian weapons.
Bibliographic list of articles
1. Website of the Ministry of Internal Affairs of Russia. State of Crime – 2019, 2020, 2021, 2022 and 2023. [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/45293174/ (date of access: 11/30/2023).
2. Dvoryanov I. B. Methodology for investigating the illegal conversion of civilian weapons: dis. …cand. legal Sciences: 12.00.12. – M., 2019. – 245 pp.
3. New criminal law of Russia. Textbook / Ed. N. F. Kuznetsova. – M., 1996.
4. Materials of the archival criminal case No. 1-337/2018 of the Leninsky District Court of Stavropol.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 N5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices”, paragraph 11. [Electronic resource]. – Access mode: https://base.garant.ru/1352597/ (access date: 11/30/2023).
6. Article from the Izvestia website “The FSB liquidated 42 underground workshops for the production of weapons and ammunition.” [Electronic resource]. – Access mode: https://iz.ru/1592520/2023-10-20/fsb-likvidirovala-42-podpolnye-masterskie-po-izgotovleniiu-oruzhiia-i-boepripasov (access date: 11/30/2023).
7. Article from the website “Independent Television of Sevastopol” “The FSB stopped the illegal production of weapons and ammunition.” [Electronic resource]. – Access mode: https://nts-tv.com/news/fsb-presekla-nezakonnoe-izgotovlenie-oruzhiya-i-bo-26657 (date of access: 11/30/2023).
8. Article from the website RG.ru “The FSB detained “black gunsmiths” in Kaliningrad.” [Electronic resource]. – Access mode: https://rg.ru/2023/08/24/reg-szfo/fsb-zaderzhala-v-kaliningrade-chernyh-oruzhejnikov.html (access date: 11/30/2023).
CRIMINAL LAW
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ABOUT THE LARGE AMOUNT OF DAMAGE, AS A SIGN OF THE COMPOSITION OF THE DESTRUCTION OR DAMAGE TO SOMEONE ELSE’S PROPERTY BY NEGLIGENCE
In the article, the authors actualize the question of the expediency of changing the calculation of the large amount caused to property as a result of its destruction or damage by negligence, since such a sign is calculated according to the rules in a fixed amount of money established more than twenty years ago. The data on the socio-economic development of Russia over these years are presented, the consideration of which, according to the authors, is undoubtedly important in criminalizing the act provided for in Article 168 of the Criminal Code of the Russian Federation. In addition, a comparative legal analysis of criminal liabilityty for similar criminal offenses in the criminal legislation of other States is presented. As a result, an option is proposed to determine the large size of the corpus delicti provided for in Article 168 of the Criminal Code of the Russian Federation.
Keywords: crime, other people’s property, destruction or damage, negligence, large size.
Bibliographic list of articles
1. Talanov N. A., Zorina E. A., Vakhmistrova S. I., Kozhevnikova N. A. On the issue of criminal liability for the destruction or damage of property through negligence // Society: politics, economics, law. – 2022. – No. 7 (108). – pp. 68-74.
2. Eliseev S. A., Chernousova A. V. Controversial issues of qualification of causing property damage under Art. 168 of the Criminal Code of the Russian Federation // Siberian Legal Bulletin. – 2018. – No. 1 (80). – pp. 84-89.
CRIMINAL LAW
TROSHKINA Galina Alexandrovna
adjunct of the Faculty of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ILLEGAL RETAIL SALE OF ALCOHOL AND ALCOHOL-CONTAINING FOOD PRODUCTS, CARRIED OUT USING THE INTERNET INFORMATION AND TELECOMMUNICATIONS NETWORK
Today, the space of the global social network “Internet” is used to implement a huge number of tasks and goals. In particular, with the use of the Internet, the distribution of goods is increasing, the sale of which is not always carried out legally. This article examines the problem of regulating the illegal retail sale of alcohol and alcohol-containing food products on the Internet.
Keywords: illegal retail sale, alcohol products, alcohol-containing food products, Internet.
Bibliographic list of articles
1. Resolution of the Oktyabrsky District Court of Krasnoyarsk dated January 20, 2022 in case No. 5-135/2022. [Electronic resource]. – Access mode: https://bsr1.sudrf.ru (date of access: 01/13/2024).
2. Resolution of the Kirovsky District Court of Irkutsk dated July 11, 2020 in case No. 5-144/2020. [Electronic resource]. – Access mode: https://bsr1.sudrf.ru (access date: 01/13/2024).
3. Kraskovsky Ya. E. Illegal retail sale of alcohol and alcohol-containing food products: Article 171.4 of the Criminal Code of the Russian Federation and problems of its application // Electronic scientific journal “Science. Society. State”. – 2018. – T. 6. – No. 1. – P. 70. [Electronic resource]. — Access mode: http://esj.pnzgu.ru.
4. Artamonova A. A. Criminal-legal characteristics of illegal retail sale of alcoholic and alcohol-containing food products and its significance for the process of proof // Science and education: collection. tr. participants XII Region. scientific conf. students and young scientists. – Krasnoyarsk, 2021. – P. 12.
5. Brazhnik S. D., Kazantsev A. L. Illegal retail sale of alcohol and alcohol-containing food products (Article 171.4 of the Criminal Code of the Russian Federation): grounds for criminalization and analysis of the elements of a crime // Eurasian Scientific Association. – 2020. – No. 2-4 (60). – P. 224.
CRIMINAL LAW
KAPITSA Vyacheslav Stanislavovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
KAPITSA Tatyana Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
BUSHKOV Denis Valerjevich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
THE CONDITIONALITY OF CHANGES IN THE CRIMINAL LAW AS A TOOL FOR COUNTERING CRIMES AGAINST PUBLIC SAFETY, PUBLIC ORDER, AND STATE POWER
The article examines the conditionality of changes and additions to the criminal legislation of the Russian Federation, taking into account modern conditions and challenges. The trends in criminal policy and practice to counter criminal attacks against public safety, public order and state power are substantiated. The content of the work is an analysis of changes in the norms providing for criminal liability for public dissemination, under the guise of reliable messages, of knowingly false information containing data on the use of the Armed Forces of the Russian Federation, terrorism, and sabotage . Based on the research, the authors formulate some proposals to supplement the criminal legislation of the Russian Federation.
Keywords: criminal legal policy, conditionality of the criminal law, countering terrorism, sabotage, deliberately false information containing data on the use of the Armed Forces of the Russian Federation.
Pristateinybibliography:
1. Legal information agency // Judicial statistics of the Russian Federation. [Electronic resource] – Access mode: https://stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/14/s/17 (Date of access: 02/02/2024)
2. Kokoeva L. T., Kolieva A. E., Garmyshev Ya. V. Improving criminal liability for terrorist crimes // All-Russian Journal of Criminology. 2019. No. 1. P. 128. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-ugolovnoy-otvetstvennosti-za-prestupleniya-terroristicheskoy-napravlennosti (date of access: 02/02/2024).
3. Kapitonova E. A. Criminal liability for terrorism // Lex Russica. 2016. No. 7 (116). P. 82. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-za-terrorizm (date of access: 02.02.2024).
4. Davitadze M.D. Criminal liability for sabotage // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020. No. 3. P. 171. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-za-diversiyu (date of access: 02/05/2024).
CRIMINAL LAW
KOCHKUROVA Yuliya Yurjevna
postgraduate student of Criminal law disciplines sub-faculty of the I. N. Ulyanov Chuvash State University
PROBLEMS OF APPOINTMENT AND IMPLEMENTATION OF CRIMINAL PUNISHMENT IN THE FORM OF FORCED LABOR
The article is devoted to the analysis of problems related to the appointment and implementation of criminal punishment in the form of forced labor in the Russian Federation. The authors consider key aspects related to the legal regulation and practical application of this type of punishment, starting from its legislative consolidation in the Criminal Code of the Russian Federation in 2011 and ending with current problems in the field of educating convicts for forced labor. The article provides a detailed analysis of issues related to the imperfection of the regulatory framework that regulates the process of appointing, executing, and serving forced labor, as well as specific ways to improve existing legislation to eliminate the identified problems and contradictions. The authors emphasize the need to harmonize criminal and criminal-executive legislation with fundamental normative acts and the importance of implementing the proposed changes to increase the efficiency of correctional facilities.
Keywords: forced labor, Criminal Code of the Russian Federation, Criminal Executive Code of the Russian Federation, correctional facilities, education of convicts, regulatory regulation, criminal punishment, execution of punishments, regulatory gaps, legislative changes.
Bibliographic list of articles
1. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on December 30, 2023 [Electronic resource] // Access: SPS “Consultant Plus Prof” (Date of access: 02/01/2024).
2. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 12/11/2023) [Electronic resource] // Access: SPS “Consultant Plus Prof” (Date of access: 02/01/2024).
3. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on July 24, 2023) (with amendments and additions, entered into force on October 1, 2023) // Access: [Electronic resource ]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
4. Federal Law of December 29, 2012 No. 273-FZ (as amended on December 25, 2023) “On Education in the Russian Federation” (as amended and supplemented, entered into force on January 1, 2024) [Electronic resource] // Access: SPS “Consultant Plus Prof” (Date of access: 02/01/2024).
5. Federal Law of November 22, 1995 No. 171-FZ (as amended on December 25, 2023) “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (as amended and additionally ., entered into force on 01/01/2024) // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
6. Federal Law of December 5, 2022 No. 497-FZ “On Amendments to the Federal Law “On Public Control over Ensuring Human Rights in Places of Compulsory Detention and on Assistance to Persons in Places of Compulsory Detention” // Access: [Electronic resource] . – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
7. Federal Law of June 10, 2008 No. 76-FZ (as amended on December 5, 2022) “On public control over the provision of human rights in places of forced detention and on assistance to persons in places of forced detention” (as amended and additionally , entered into force on 06/04/2023) // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
8. Decree of the President of the Russian Federation dated February 22, 1992 No. 179 (as amended on March 17, 2020) “On types of products (works, services) and production waste, the free sale of which is prohibited” // [Electronic resource]. – Access mode: Access: https://fsin.gov.ru/ispravitelnye-tsentry/ (Access date: 02/01/2024).
9. Order of the Government of the Russian Federation dated April 29, 2021 No. 1138-r (as amended on May 27, 2023) “On the Concept for the development of the penal system of the Russian Federation for the period until 2030” [Electronic resource] // Access: SPS “Consultant Plus Prof” » (Access date: 02/01/2024).
10. Order of the Ministry of Justice of Russia dated July 4, 2022 No. 110 (as amended on November 29, 2023) “On approval of the Internal Regulations of pre-trial detention centers of the penal system, the Internal Regulations of correctional institutions and the Internal Regulations of correctional centers of the penal system” (Registered in the Ministry of Justice of Russia 07/05/2022 No. 69157) // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
11. Lapshin V.F. Forced labor as a type of “non-systemic” criminal punishment // Journal of Russian Law. 2021. No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prinuditelnye-raboty-kak-vid-vnesistemnogo-ugolovnogo-nakazaniya (date of access: 02/01/2024).
12. Nekrasov A.P., Ustinov A.A. Some issues of legal regulation of the maintenance of those sentenced to forced labor // Vestnik VUiT. 2021. No. 2 (98). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-pravovoy-reglamentatsii-soderzhaniya-osuzhdennyh-k-prinuditelnym-rabotam (date of access: 02/01/2024).
13. Federal Penitentiary Service. Correctional centers // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
CRIMINAL LAW
KRYLOVA Nataliya Alexeevna
Senior legal adviser of the Legal Department of the Transport Department of the MIA of Russia for the North-Western Federal District, lieutenant colonel of the internal service, adjunct of the 3rd course of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
THE CONCEPT OF COLLECTING EVIDENCE AND THE NEED TO COMPLY WITH ESTABLISHED REQUIREMENTS IN ORDER TO GIVE IT EVIDENTIARY VALUE IN CRIMINAL CASES INVOLVING FORGERY OF DOCUMENTS UNDER ART. 327 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article examines the stage of collecting evidence, in which one of the most important integrative properties is the useful result through which proof is achieved. The author comes to the conclusion that the basis for goal-setting for collecting evidence in a criminal case is the development and implementation of consistent, targeted actions that ensure the receipt of the necessary and expected results, properly recorded and contributing to the resolution of the criminal case on the merits. The author also concludes that the collection of evidence is based on the discovery, search, perception and consolidation of information (recording), seizure and preservation of any information that can serve as evidence in a criminal case, if the established requirements regarding their proper recording are met, as well as passing through the verification and evaluation stage. Only after this can such evidence be used as the basis for a legal decision.
Keywords: collection of evidence, goal setting for collecting evidence, search, perception, proper recording, proof, criminal case, verification of evidence, evaluation of evidence.
Bibliographic list of articles
1. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on June 11, 2021, as amended on June 17, 2021) // “Collection of Legislation of the Russian Federation,” December 24, 2001, No. 52 (ch . I), art. 4921.
2. “Criminal Code of the Russian Federation” dated 06/13/1996 No. 63-FZ (as amended on 06/11/2021)// “Collection of Legislation of the Russian Federation”, 06/17/1996, No. 25, Art. 2954.
3. Federal Law of 04.03.2013 No. 23-FZ (as amended on 28.12.2013) “On amendments to Articles 62 and 303 of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” // “Collection of Legislation of the Russian Federation”, 04.03 .2013, No. 9, Art. 875.
4. Aleksandrov R. A., Gusarov D. A. On the issue of the assistant judge as a full participant in criminal proceedings and its procedural functions // Russian Judge. 2019. No. 4. P. 30-34
5. Alekseev P.V. Panin A.V. Theory of knowledge and dialectics. M., 1991. 382 pp.
6. Belkin A. R. Theory of evidence: scientific method. allowance M.: NORM, 1999. 418 pp.
7. Borkov V. N. Qualification of falsification of a crime // Legality. 2020. No. 2. P. 31-35.
8. Borulenkov Yu. P. TheoreticEcological foundations of procedural cognition: Monograph. Vladimir, 2006. 257 pp.
9. Bulatova S.V. Forensic activities of the defense attorney in the process of collecting evidence // Electronic supplement to the Russian Legal Journal. 2018. No. 6. P. 101-108.
10. Vlasov A.G. Conditions for the disclosure in court of testimony of victims and witnesses // Legality. 2019. No. 11. P. 59-62.
11. Emuzov A. S. On the issue of procedural means of proof // Law in the Armed Forces. 2005. No. 5. P. 22-26.
12. Lazareva V.A. Evidence in criminal proceedings: Educational and practical work. allowance. 3rd ed., revised. and additional M.: Yurayt, 2012. 245 pp.
13. Lazareva V. A., Shafer S. A. On the concept of evidence in connection with the features of an inquiry conducted in an abbreviated form // Laws of Russia: experience, analysis, practice. 2017. No. 5. P. 16-21.
14. Leontyev A.V. The construction of an adversarial criminal process should be based on a new concept of proof // Legislation and Economics. 2014. No. 1. P. 55-59.
15. Ensuring the constitutional rights and freedoms of participants in criminal proceedings: Materials of the round table (December 19, 2017) / M. V. Belyaev, S. V. Burmagin, A. A. Vasilenko and others; resp. ed. V.V. Ershov. M.: RGUP, 2018. 264 p.
16. Rossinsky S. B. Once again about the concept and essence of investigative actions in criminal proceedings: the discussion is not over… // Laws of Russia: experience, analysis, practice. 2021. No. 1. P. 74-83.
17. Shekshueva O.N. Some aspects of the theory of evidence in criminal proceedings: Textbook. allowance. 2nd ed. M.: TsOKP Ministry of Internal Affairs of Russia, 2001. P. 98.
18. Malyutin M. A. Special knowledge as a sign of expertise. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsialnye-znaniya-kak-priznak-ekspertizy (accessed 02.02.2024)
19. Slinkova O. K., Skachkov R. A. Analysis of scientific approaches to determining the essence of goal setting and its role in the management process. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-nauchnyh-podhodov-k-opredeleniyu-suschnosti-tselepolaganiya-i-ego-rol-v-protsesse-upravleniya. (date of access: 02/02/2024).
CRIMINAL LAW
LATYPOVA Dinara Mansurovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
KOROLEVA Kseniya Alexeevna
cadet of the 4th course of the Samara Law Institute of the FPS of Russia
MEASURES TO PREVENT ARMED VIOLENCE COMMITTED IN EDUCATIONAL INSTITUTIONS
The article examines the criminological aspects of armed violence committed in educational institutions. Such type of criminal activity as “schoolshooting” is considered. The article examines the causes of armed violence in schools. The question of the origin and direction of development of this negative phenomenon is considered. The factors that should be considered in relation to trainees who exhibit various forms of aggression are also analyzed. Based on the analysis, measures are proposed to prevent the commission of violent armed attacks on students in educational institutions.
Keywords: armed assault, violence, educational institutions, prevention, schoolshooting.
Bibliographic list of articles
1. Internet source. [Electronic resource]. – Access mode: https://promrating.ru/issledovaniya/rossiya/issledovanie-bolee-70-rossiyan-uvereni-chto-deti-ne-podgotovleni-k-napadeniyu-na-obrazovatelnie-uchrejdeniya/
2. Internet source // Columbine High School shootings. [Electronic resource]. – Access mode: https://www.britannica.com/event/Columbine-High-School-shootings.
3. Internet source. [Electronic resource]. – Access mode: https://www.forbes.ru/forbeslife/429493-priroda-skulshutinga-pochemu-proishodyat-massovye-rasstrely-v-shkolah-i-kak-ih.
4. Internet source. [Electronic resource]. – Access mode: https://www.mk.ru/social/2022/09/28/pochemu-ucheniki-napadayut-na-shkoly-i-kak-zashhitit-sebya-pri-strelbe.html.
5. Langman P. Why children kill: what’s going on in the mind of a school shooter // Peter Langman. – Moscow: EKSMO, 2022. – 304 p.
CRIMINAL LAW
LITRA Elena Nikolaevna
postgraduate student of Criminal law sub-faculty of the Kuban State Agrarian University
SOCIO-CRIMINOLOGICAL PREREQUISITES FOR THE CRIMINAL LAW PROTECTION OF RELATIONS IN THE FIELD OF QUALITY ASSURANCE AND RATIONAL USE OF LAND
The article contains the results of a study of modern negative phenomena and processes existing in the field of land use due to increased intensification of industrial production. The author notes that activities related to land use are characterized by a certain type of continuous non-compliance with mandatory environmental requirements and norms related to waste disposal, handling of hazardous substances, and rational use of especially valuable productive lands. For such actions (inaction) their scale is relevant, not their nature. The amount of damage and harm from what they have done express irreversible losses not only for nature, but also for certain types of economic relations, entailing their termination. The article clarifies the existing and identifies new socio-criminological prerequisites for the criminalization of acts encroaching on relations in the field of quality assurance and rational use of land in the criminal law.
Keywords: crimes environmental, land damage, soil pollution, protection of land quality, irrational land use, especially valuable lands, land management.
Bibliographic list of articles
1. Zhevlakov E. N. Criminal environmental law of Russia. – M.: Prospekt, 2021. – 376 pp.
2. Kulik K. N. Current state of protective forest plantations in the Russian Federation and their role in mitigating the consequences of droughts and desertification of lands // Scientific and Agronomic Journal. – 2022. – No. 3 (119). – pp. 8-12.
3. Artemova E.I., Barsukova G.N., Litra E.N., etc. Litra E.N. Management of the resource potential of rural territories of the Krasnodar Territory: monograph. – Krasnodar: KubSAU, 2023.
CRIMINAL LAW
MASLIENKO Mariya Alexandrovna
lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
ILLICIT TRAFFICKING IN WEAPONS, AMMUNITION, EXPLOSIVES AND EXPLOSIVE DEVICES IN THE CONDITIONS OF A SPECIAL MILITARY OPERATION
The article deals with topical issues related to the application of measures to counteract the illicit trafficking of weapons, ammunition, explosives and explosive devices in the border areas of the Russian Federation in the conditions of a special military operation. The task of suppression and prevention of crimes of this category, facing the state, is one of the most priority in view of the current foreign policy situation. The author formulates proposals for the organization of state counteraction to such socially dangerous acts.
Keywords: illegal trafficking in weapons and ammunition, special military operation, counteraction, ensuring public safety.
Bibliographic list of articles
1. Shepel N.V., Titova K.A. Some problems of legislative regulation of the ban on illegal trafficking of weapons and ammunition, including those arising during the production of ballistic examinations and research // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (73). – P. 57.
2. Kurilova E. N., Maslienko M. A. Measures of state counteraction to illegal trafficking of weapons and explosive devices // Bulletin of Economics, Law and Sociology. – 2023. – No. 3. – P. 85.
3. Extended meeting of the board of the Ministry of Internal Affairs. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/70744 (access date: 12/20/2023).
CRIMINAL LAW
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
ON THE PECULIARITIES OF THE EXECUTION OF DETENTION AND IMPRISONMENT IN GEORGIA
The article presents current statistical data on the number of penitentiary institutions in Georgia and the number of accused and shameful persons in prison, their distribution by gender, age and type of penitentiary institution. The analysis of legislation carried out by the author showed that in Georgia, like most European countries, the staff of penitentiary institutions, depending on the tasks performed (armed security of institutions, transportation of convicts, operational search work, accounting, etc.), may consist of employees and civil servants. The implementation of preventive measures in the form of detention and deprivation of liberty is regulated by the Code of Georgia on Detention, and in relation to juvenile offenders, also by the Code on Juvenile Justice. In Georgia, detention and deprivation of liberty are carried out in 17 penitentiary institutions.
Keywords: Georgia, execution of sentences, accused, shame, legal regulation.
Bibliographic list of articles
1. Legislative Gazette of Georgia 01/27/2024 // Website of the press organ of the MinistryJustice of Georgia. [Electronic resource]. – Access mode: https://www.matsne.gov.ge/ru (date of access: 01/17/2024).
2. Geostat official website. Criminal Justice Statistics. 2023. [Electronic resource]. – Access mode: https://www.geostat.ge/en/modules/categories/132/criminal-justice-statistics (date of access: 01/17/2024).
CRIMINAL LAW
PERMYAKOV Maxim Vladimirovich
Ph.D. in Law, associate professor of the First President of Russia B. N. Yeltsin Ural Federal University, V. F. Yakovlev Ural State Law University
KOTOV Vasiliy Vasiljevich
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University
KILIN Alexander Grigorjevich
senior lecturer of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University
OPERATIONAL IMPLEMENTATION IN THE FIGHT AGAINST ORGANIZED CRIME
The article reveals the main trends in the use of such an operational investigative measure as operational implementation in the fight against organized types of criminal manifestations. The authors analyzed various situations of the organizational plan in the preparation, conduct and completion of operational combinations aimed at identifying, preventing and solving crimes committed by a criminal element with a sign of organization. Currently, the task of fighting crime remains urgent in our country. In practice, crimes are known that can be successfully solved and investigation only with the use of operational investigative activities. Article 1 of Federal Law No. 144-FZ dated 12/08/1995 (ed. dated 12/08/2011) “On Operational investigative activities” (hereinafter – the Law on ORDO) defines operational investigative activities (ORDO) as a type of activity carried out publicly and secretly by operational units of state bodies authorized to do so by the Law on ORDO, within their powers by carrying out operational investigative measures in order to protect life, health, human and civil rights and freedoms, property, ensuring the security of society and the state from criminal encroachments. The problematic aspects related to the professional implementation of operational investigative activities at the present stage of development of society and the state are also touched upon.
Keywords: law enforcement agencies, operational search activity, authorization, criminal group, power structure, implemented, crime, cover-up, criminal circle, internecine strife, operational combination, double-dealing, responsibility, atrocity.
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).
2. Federal Law “On Operational-Investigative Activities” dated August 12, 1995 No. 144-FZ.
3. Permyakov M.V., Gaskarov I.F., Kotov V.V. Some issues of operational implementation // Humanitarian, Socio-economic and social sciences. – 2022. – No. 12. – pp. 201-204.
CRIMINAL LAW
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
COMBATING JUVENILE DELINQUENCY: A REGIONAL PERSPECTIVE
The article discusses the trends in juvenile crime in the Russian Federation over the past five years, analyzed, how many crimes committed by minors and their complexity, were registered, how many minors aged 14-17, were identified. Special attention in the article is paid to regional differences in the registered indicators of juvenile crime. The author draws attention to the most criminal regions of the Russian Federation in this area, gives information on combating juvenile delinquency in these regions, conclusion is made on the need for in-depth and detailed analysis of the determinants of juvenile crime, taking into account regional specificities, in order to improve the effectiveness of preventive activities.
Keywords: сrime, minors, trends in crime, regional differences, combating crime.
Bibliographic list of articles
1. Pisarevskaya E. A. On the issue of quantitative and qualitative indicators of crime in modern Russia // Bulletin of Tomsk State University. – 2022. – No. 479. – P. 252-257.
2. Prozumentov L. M., Olkhovik N. V. Recidivism of juvenile convicts and its prevention. – Tomsk, 2011. – 154 p.
3. Prozumentov L.M., Shesler A.V. General social determinants of crime // All-Russian Journal of Criminology. – 2018. – T. 12. – No. 1. – P. 5-14.
CRIMINAL LAW
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice, (RLA of the Ministry of Justice of Russia) branch in Makhachkala
RASULOVA Samira Firiddun kyzy
magister student of the 2nd course of the North Caucasus Institute of the All-Russian State University of Justice, (RLA of the Ministry of Justice of Russia) branch in Makhachkala
ABAKAROVA Bika Gadzhishamhalovna
lecturer of the 1st category of the Law College of the North Caucasus Institute of the All-Russian State University of Justice, (RLA of the Ministry of Justice of Russia) branch in Makhachkala
FEATURES OF THE QUALIFICATION OF THE MURDER OF A MINOR OR OTHER PERSON IN A HELPLESS STATE
In this article we will consider the problems associated with the qualification of the murder of a minor or other person in a helpless state, and the delimitation of this category of crimes from related offenses.
Qualifying the murder of a minor or another person in a helpless state is a complex and responsible process. Determining the motive, psychological state and age of the perpetrator plays an important role in correct qualification. Problems associated with these aspects require detailed analysis and development of appropriate legal norms and practices.
The qualification of killing a minor or another person who is in a helpless state is distinguished from related crimes, such as murder, murder with extreme cruelty, murder motivated by hatred or involving rape. Qualification issues may arise in cases where the killing is carried out against persons who lack legal capacity or are otherwise helpless, such as due to mental or physical limitations.
Keywords: murder, minor, person in a helpless state, intent, awareness of the fact, delimitation, related elements.
Bibliographic list of articles
1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 27, 1999 No. 1 (as amended on March 3, 2015) “On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation) // Rossiyskaya Gazeta. – 1999. – February 9. – No. 24.
2. Borzenkov G. N. Qualification of crimes against life and health. – M.: Zertsalo-M, 2014. – P. 40.
3. Kuznetsova I. R. Problematic issues of qualifying the murder of a minor or another person, known to the perpetrator, who is in a helpless state // Scientific perspective in education and development of the creative potential of the modern knowledge system. – 2020. – pp. 39-41.
4. Case No. 1-166/2023/UID 05RS0021-01-2023-000647-39 // Caspian City Court of the Republic of Dagestan.
5. Case No. 1-206/2023 UID 05RS0021-01-2023-001137-24 // Caspian City Court of the Republic of Dagestan.
CRIMINAL LAW
TASHEVA Gulnara Raviljevna
lecturer of State and civil law disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PROBLEMS OF COMBATING CYBERCRIME IN THE CONTEXT OF DIGITALIZATION OF THE ECONOMY
The article is devoted to a review and analysis of the problems of combating cybercrime in the context of digitalization of the economy. Digitalization of economic processes has both positive and negative consequences. One of the negative trends is the increase in the number of crimes committed using information technology. This in turn leads to new problems: difficulties in terms of legal regulation; the problem of determining criminal liability for committed illegal actions.
At the end of the 20th century, the active implementation of the concept of the digital economy began. The classical model of economic functioning has undergone revolutionary changes, and completely new forms of functioning of economic entities have emerged. The business sphere has actually undergone fundamental changes, especially in terms of economic transactions. The transition of economic relations to new conditions led to a significant weakening of the administrative influence of the state. Thus, the control function of government bodies has weakened slightly.
The development and implementation of digital technologies in the economy is a trend observed throughout the world. The top three with the most developed digital economy include South Korea, Singapore and Hong Kong; the Russian Federation is far from the leading position (data from The Boston Consulting Group). But in Russia this direction is defined as one of the highest priority vectors.
Keywords: digitalization of the economy, cybercrime, information technology, innovation, banking sector, information literacy, databases.
Bibliographic list of articles
1. Criminal Code of RussiaRussian Federation dated June 13, 1996 No. 63-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on December 30, 2023).
2. Aleynokov D. P. Main problems of countering cybercrime in the era of digital transformation // Education and Law. – 2022. – No. 6. – P. 229-231.
3. Zhironkin D.S. The influence of the digital economy on cybercrime // Young scientist. – 2019. – No. 30 (268). – P. 88-92.
4. Kartskhiya A. A., Makarenko G. I. Legal aspects of modern cybersecurity and combating cybercrime // Issues of cybersecurity. – 2023. – No. 1 (53). – pp. 58-74.
5. Mordvinov K.V., Udavikhina U.A. Cybercrime in Russia: current challenges and successful practices in the fight against cybercrime // Theoretical and Applied Jurisprudence. – 2022. – No. 1 (11). – pp. 83-88.
6. Tanaseichuk Ya. V. Fraud using plastic cards // Law: modern trends: materials of the V International. scientific conf. (Krasnodar, February 2018). – Krasnodar: Novation, 2018.
CRIMINAL LAW
KOLOTILINA Anastasiya Alexandrovna
postgraduate student of Criminal law and criminology sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
ISSUES OF QUALIFICATION OF BRIBERY COMMITTED BY BAILIFFS
The article addresses problematic issues of the qualification of bribery committed by bailiffs. In the theory of criminal law and criminal practice, the qualification of bribery committed by bailiffs takes into account such qualifying features as: receiving a bribe for illegal actions; extortion of bribes; mediation in bribery for the commission of knowingly illegal actions (inaction).
Keywords: malfeasance, official, corruption, bribe, bribery, qualification issues.
Bibliographic list of articles
1. Borkov V.N. Taking a bribe: qualification issues: dis. …cand. legal Sci. – Omsk, 2002. – 284 p.
2. Weibert S.I. Bribery: problems of qualification and sentencing: dis. …cand. legal Sci. – Chelyabinsk, 2007. – 195 p.
3. Qualification of bribery: (Articles 290, 291, 291.1, 291.2 of the Criminal Code of the Russian Federation): textbook / M. A. Lyubavina. – St. Petersburg: St. Petersburg Law. Institute (phil.) Academician. General Prosecutor’s Office of the Russian Federation, 2018. – 155 p.
4. Babaeva E. U., Bagmet A. M., Bychkov V. V., Kruchinina N. V. Investigation of bribery: educational manual. – M.: Academy of the Investigative Committee of the Russian Federation, 2014. – 171 pp.
5. Yani P. S. Criminal liability for bribery: Lecture. – Moscow: IPK RK General. Prosecutor’s Office of the Russian Federation, 2001. – 41 p.
6. Criminal law of the Russian Federation. A special part. Textbook / Ed. B.V. Zdravomyslova. – M.: Yurist, 2001. – 550 p.
7. Yani P. S. Bribe or fraud? // Legality. – 2012. – No. 6. – P. 29-34; No. 7. – pp. 27-32; No. 8. – pp. 23-26.
CRIMINAL LAW
KULIKOVA Margarita Andreevna
adjunct of the Faculty of Training of Scientific and Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
SOCIAL CONDITIONALITY OF CRIMINAL RESPONSIBILITY FOR TORTURE
This article examines the question of the presence or absence of criteria that allow us to conclude that responsibility for torture is socially conditioned. Attention is drawn to the existence of legislative and law enforcement problems in connection with Article 117 of the Criminal Code of the Russian Federation. The generally recognized scientific criteria for criminalization of an act are analyzed. Based on the research, the author argues for the social conditionality of criminal liability for torture. The conclusion is made about the validity of criminalization of torture in art. 117 of the Criminal Code of the Russian Federation.
Keywords:violence, torture, physical or mental suffering, social conditioning, social danger.
Bibliographic list of articles
1. Veklenko V., Galyukova M. Torture and torture: criminal legal analysis // Criminal law. – 2007. – No. 4. – P. 15-18.
2. Prozumentov L. M., Shesler A. V. Criminology. General part: Textbook. – Tomsk: DiVo LLC, 2007. – 230 p.
3. Grounds for criminal law prohibition: Criminalization and decriminalization / [V. N. Kudryavtsev, P. S. Dagel, G. A. Zlobin and others; Rep. ed. V. N. Kudryavtsev, A. M. Yakovlev]. – M.: Nauka, 1982. – 303 p.
4. Criminal law of Russia: textbook in 2 volumes. T. 1: General part / Ed. Doctor of Law, Prof. N. G. Kadnikova. – M.: Publishing House “Jurisprudence”, 2018. – 436 p.
5. Rastoropov S.V. Criminal legal protection of human health from criminal attacks: monograph – 2nd ed., revised. and additional – St. Petersburg: Publishing House of R. Aslanov “Legal Center Press”, 2006. – 426 pp.
6. Galyukova M. I. CriminologistEctive characteristics of beatings and torture in the family and domestic sphere // Russian investigator. – 2008. – No. 14. – P. 15-17.
7. Solyanik V.V. Domestic violence in Russia: general characteristics // The Scientific Heritage. – 2021. – No. 65-4 (65). – pp. 16-18.
8. Criminal law of Russia. General part: Textbook / Ed. V. N. Kudryavtseva, V. V. Luneeva, A. V. Naumova. – 2nd ed., revised. and additional M.: Jurist, 2006. – 540 pp.
9. Criminal law. General part: textbook / [A. A. Abdulmanov and others]; edited by Doctor of Law sciences, prof. N. G. Kadnikova. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2023. – 524 pp.
10. Kadnikov N. G. On the question of the constitutional foundations of modern criminal policy // Journal of Russian Law. – 2023. – T. 27. No. 6. – P. 89-96.
CRIMINAL LAW
LAVRUSHKO Elena Alexandrovna
competitor of the academic degree of Ph.D. in Law of the Orenburg State University
LEGAL ASPECTS OF THE IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL PROCEDURE IN THE CONTEXT OF ENSURING ITS CONFIDENTIALITY
The article examines the relationship between the principles of the criminal-procedure legislation governing confidentiality and ensuring the inviolability of personal secrets in criminal proceedings. The institution of secrecy in criminal proceedings at the present stage of the development of criminal procedure legislation in a number of post-Soviet states is undergoing a delay in development and improvement. This problem today can lead to a significant violation of human, civil rights, and freedoms, which are proclaimed by the Constitution and a number of other normative legal acts. Differentiation of norms and principles in accordance with different spheres of life, as we believe, would contribute to the concretization and achievement of more effective protection of the interests of persons involved in criminal proceedings. In addition to the principles of criminal procedure, the prohibition on disclosure of criminal case materials by participants in criminal proceedings has a significant impact on ensuring confidentiality.
Keywords: confidentiality, inviolability, secrecy, sources, information, principles, private interests.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account the amendments introduced by the Law of the Russian Federation on Amendments to the Constitution of the Russian Federation dated October 4, 2022 No. 8-FKZ) // Collection of Legislation of the Russian Federation. – 2022. – No. 41. – Art. 6933.
2. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on December 25, 2023) // Collection of legislation of the Russian Federation. – 2001. – No. 52 (Part I). – St. 4921.
3. Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V (with amendments and additions as of September 12, 2023). [Electronic resource]. – Access mode: www.Zan.gov.kz (Date of access: 12/30/2003).
4. Borisov A. S. On the issue of individual problems of ensuring the secrecy of a preliminary investigation // Bulletin of the Russian University of Cooperation. – 2018. – No. 1 (31). – pp. 103-107.
5. Maslov A.E. The secret of preliminary investigation in the norms of the Code of Criminal Procedure of the Russian Federation // Judicial power and criminal process. – 2019. – No. 2. – P. 24-34.
6. Petrukhin I. Protection of persons promoting justice // Criminal law. – 1999. – No. 1. – P. 80.
CRIMINAL LAW
LARIONOV Pavel Alexeevich
LL.M (Criminal Law), University of Illinois Urbana-Champaign, master of Law of the V. F. Yakovlev Ural State Law University
EVOLUTIVE INTERPRETATION OF CRIMINAL LAW: PROBLEM FORMULATION
The author argues for the existence of a new legal phenomenon in the domestic legal system – the evolutionary interpretation of criminal law. Based on a general scientific understanding of evolution as applied to legal reality, four characteristics of evolutionary interpretation are distinguished, differentiating it from already familiar legal phenomena. In addition, the author provides specific practical examples of evolutionary interpretation of norms in the current criminal law and formulates the risks of evolutionary interpretation in the context of the nullum crimen sine lege principle. By examining foreign and international legal experiences, the possibility of legitimate application of evolutionary interpretation is explored, pointing to the need for further scientific research in this area.
Keywords: criminal law, evolutive interpretation, interpretation, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, criminal policy.
Bibliographic list of articles
1. Andrei Klishas: The priority of the Constitution will not interfere with compliance with all obligations. [Electronic resource]. – Before modestupa: https://rg.ru/2020/02/10/andrej-klishas-prioritet-konstitucii-ne-pomeshaet-sobliudeniiu-vseh-obiazatelstv.html (access date: 12/27/2023).
2. Verkler G.A. Hermeneutics: The principles and process of biblical interpretation. [Electronic resource]. – Access mode: https://www.reformed.org.ua/2/210/3/Virkler (access date: 12/27/2023).
3. Opening speech at the XIV Congress of the Russian Union of Industrialists and Entrepreneurs on November 16, 2004. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/transcripts/22686 (access date: 12/27/2023).
4. Gavrilova Yu.A. On evolutionary interpretation in Russian law // Legal Concept = Legal paradigm. – 2021. – T. 20. No. 1. – P. 50-55.
5. Closing speech at the XIV Congress of the Russian Union of Industrialists and Entrepreneurs on November 16, 2004. [Electronic resource]. – access mode: http://kremlin.ru/events/president/transcripts/22687 (access date: 12/27/2023).
6. Zaloilo M.V., Ibragimova Yu.E. Modern problems of interpretation of law // Journal of Russian Law. – 2016. – No. 8 (236). – P. 78-95. (p. 81).
7. “Darkened” by taxes. [Electronic resource]. – Access mode: https://rg.ru/2004/01/15/nalogi.html (access date: 12/27/2023).
8. Kulikov M. A. Manipulation of legal goals and means in the process of interpretation of law: concept, content, technology // Bulletin of Voronezh State University. Series: Law. – 2022. – No. 4 (51). – pp. 109-125. (p. 111).
9. Oganesyan T. D. European Court of Human Rights “in search of lost time”: an evolutive interpretation // International Justice. – 2021. – No. 3 (39). – P. 75-104. (pp. 97-99).
10. The President signed a package of laws amending the Tax Code of the Russian Federation. [Electronic resource]. – Access mode: http://kremlin.ru/catalog/keywords/41/events/31473 (access date: 12/27/2023).
11. Pushkina A.A. Value interpretation: the role of the Constitutional Court of the Russian Federation // Journal of Russian Law. – 2022. – No. 5. – P. 56-69.
12. Judgment in United States v. X-Citement Video. [Electronic resource]. – Access mode: https://supreme.justia.com/cases/federal/us/513/64/ (access date: 12/27/2023).
13. Savigny F. K. von System of modern Roman law: In 8 vols. T. I / Transl. with him. G. Zhigulina; edited by O. Kutateladze, V. Zubarya. – M.: Statute, 2011. – 510 p. (p. 434).
14. Dictionary of the Russian language: In 4 volumes. T. 4. S-Ya. / RAS, Institute of Linguistics. research. – 4th ed., erased. – M.: Rus. language; Polygraph resources, 1999. – pp. 745–746.
15. Sorokin V.V. Interpretation of law in the interpretation of postmodernism // Jurislinguistics. – 2022. – No. 26. – P. 65-68. (p. 66).
16. Sorokin P. A. Laws of development of punishments from the point of view of the psychological theory of law of L. I. Petrazhitsky // New ideas in jurisprudence. The evolution of crimes and punishments. – 1914. – No. 3. – P. 144-145.
17. Criminal law of Russia: General part: Textbook / Ed. N. M. Kropacheva, B. V. Volzhenkina, V. V. Orekhova. SPb.: Publishing House St. Petersburg. state University, Publishing House of the Faculty of Law – St. Petersburg. state Univ., 2006. – 1064 p. (p. 323).
18. Shargorodsky M. D. Law and court. – St. Petersburg: Scientific notes of Leningrad State University, 1956. – 232 p. (p. 18).
19. Yani P. S. Interpretation of the criminal law // Bulletin of Moscow University. Episode 11. Law. – 2012. – No. 4. – P. 55-75. (p. 56).
20. Barak A. Purposive Interpretation in Law. – Princeton: Princeton University Press, 2005. – 448 p. (P. 86).
21. Eskridge W. N. Dynamic Statutory Interpretation // University of Pennsylvania Law Review. – 1987. – No. 6(135). – P. 1479–1555.
22. Henning P. J. Foreword: Statutory Interpretation and the Federalization of Criminal Law // The Journal of Criminal Law and Criminology. – 1996. – Vol. 86. No. 4. – P. 1167-1199. (P. 1167).
23. Pazartzis F., Ulfstein G., Merkouris P. Interim Report on the Content and Evolution of the Rules of Interpretation. [Electronic resource]. – Access mode: https://ila.vettoreweb.com (access date: 12/27/2023).
24. Posner R. Pragmatism versus Purposivism in First Amendment Analysis // Stanford Law Review. – 2002. – Vol. 54.No. 4. – P. 737-752. (P. 737).
25. Wood G.S. The Creation of the American Republic, 1776-1787. – Williamsburg: University of North Carolina Press, 1998. – 680 p. (P. 675).
CRIMINAL LAW
LUSHCHAEVA Mariya Dmitrievna
magister student of the 2nd course of the Institute of Law of the Siberian Federal University, Krasnoyarsk
JUDGMENTS OF INTERNATIONAL COURTS AND TRIBUNALS AS FORMAL SOURCES OF RUSSIAN CRIMINAL LAW
The article analyzes the possibility of attributing judgments of international courts and tribunals to formal sources of Russian criminal law. The author notes that all judgments can be divided into three groups: 1) the Judgment of the Nuremberg Tribunal and the Judgment of the Tokyo Tribunal; 2) judgments of ad hoc courts (Judgments of the Tribunals for the Former Yugoslavia and Rwanda); 3) judgments of the International Criminal Court. Each group must be considered separately, as it has its own characteristics, and, as a result, the answer to the issue will be different.
Keywords: sources of criminal law, judgments, the Nuremberg Tribunal, the Tokyo Tribunal, ad hoc courts, the International Criminal Court.
Bibliographic list of articles
1. Obrazhiev K.V. Formal (legal) sources of law: problems of theoretical definition // Russian legal journal. – 2010. – No. 4. – P. 28-35.
2. Bibik O. N. Sources of criminal law of the Russian Federation: abstract. dis. …cand. legal Sciences: 12.00.08. – Omsk, 2005. – 19 p.
3. Course of Soviet criminal law. Part General: in 6 volumes / Ed. A. A. Piontkovsky, P. S. Romashkin, V. M. Chkhikvadze. – Moscow: Science, 1970. – T. 1. – 311 p.
4. Obrazhiev K.V. System of formal (legal) sources of Russian criminal law: dis. … doc. legal Sciences: 12.00.08. – Moscow, 2015. – 587 pp.
5. Vedernikova O. N. The verdict of the Nuremberg Tribunal as a source of Russian criminal law // Bulletin of Moscow University named after S. Yu. Witte. Series 2. Legal sciences. – 2020. – No. 4 (26). – pp. 12-16.
6. Moskalev G. L. The significance of the Verdict of the Nuremberg Tribunal for the criminal legal protection of historical truth // Nuremberg Trials: history and modernity: collection of materials of the scientific and practical conference, Yalta, November 24–26, 2021. Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation. – Saratov: Limited Liability Company “Amirit”, 2021. – pp. 182-186.
7. Moskalev G. L. Criminalization of denial of the genocide of the peoples of the USSR as an encroachment on historical truth // Law and Politics. – 2023. – No. 7. – P. 51-58.
8. Thyssen O. N. Criminal liability for the rehabilitation of Nazism: theory and practice of its application // Nuremberg: court of peoples and world law and order: collection. scientific reports and speeches International. scientific-practical conf. Institute of State and Law RAS. Ed. A. N. Savenkova. – Moscow: Unity-Dana, 2020. – pp. 155-167.
9. Kudryavtsev V.N., Dagel P.S., Zlobin G.A. et al. Grounds for the criminal law prohibition. Criminalization and decriminalization / Rep. ed. V. N. Kudryavtsev, A. M. Yakovlev. – Moscow: Nauka, 1982. – 303 p.
10. Martirosyan A. S. Genocide in the decisions of modern international tribunals: abstract. dis. …cand. legal Sciences: 12.00.08. – Krasnodar, 2014. – 26 p.
11. Moskalev G. L. Criminal liability for genocide (Article 357 of the Criminal Code of the Russian Federation). – Krasnoyarsk: Siberian Federal University, 2017. – 187 p.
12. Lushchaeva M. D. International treaty as part of the Russian legal system and the source of Russian criminal law // Svobodny Avenue – 2023: Materials of the XIX International Scientific Conference of Students, Postgraduate Students and Young Scientists, Krasnoyarsk, April 24–29, 2023. – Krasnoyarsk: Siberian Federal University, 2023. – P. 793-796.
13. Romashov Yu. S. On the conditions for the formation of generally recognized norms // Moscow Journal of International Law. – 1999. – No. 2. – P. 32-40.
14. Tolstik V. A. Generally recognized principles and norms of international law in the legal system of Russia // Journal of Russian Law. – 2000. – No. 8. – P. 67-77.
15. Talalaev A. N. The relationship between international and domestic law in the Constitution of the Russian Federation // Journal of International Law. – 1994. – No. 4. – P. 3-15.
16. Sinyakin I. I., Kopylova E. A. Rimsky Statute of the International Criminal Court and the legal status of the Russian Federation // Moscow Journal of International Law. – 2017. – No. 4. – P. 96-106.
17. Skuratova A. Yu. Russia and the Rome Statute of the International Criminal Court // Moscow Journal of International Law. – 2016. – No. 4. – P. 125-137.
CRIMINAL PROCEDURE
ALEXANDROVA Olga Pavlovna
Ph.D. in Law, associate professor, associate professor of Law enforcement, criminal law and process sub-faculty of the Pskov State University
BOGDANOV Maxim Nikolayevich
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Pskov branchof the St. Petersburg University of the FPS of Russia
BORISENKO Irina Vladimirovna
Ph.D. in Law, associate professor, associate professor of Law enforcement, criminal law and process sub-faculty of the Pskov State University
SOME ISSUES OF BRINGING TO CRIMINAL LIABILITY PERSONS AUTHORIZED TO CARRY OUT CRIMINAL PROCEDURAL ACTIVITIES
In this article some questions of bringing to criminal liability of persons authorized to carry out criminal procedural activity (judge, prosecutor, investigator, head of investigative body) are considered and proposals are made to improve the criminal procedural legislation concerning: bringing the provisions of part 5 of article 448 of the Criminal Procedural Code of the Russian Federation on motivation of procedural decision in accordance with the requirements of the norm of principle (article 7 of the Criminal Procedural Code of the Russian Federation), regulating legality in criminal proceedings; e.g., the special procedure of bringing to criminal liability of persons authorized to carry out criminal procedural activity (judge, prosecutor, investigator, head of investigative body).
Keywords: judge, prosecutor, investigator, special procedure of bringing to criminal responsibility.
Bibliographic list of articles
1. Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2019-2022. // Official website of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru.
2. Zavgorodneva E.V. Some problematic issues of implementing the provisions of Chapter 52 of the Code of Criminal Procedure of the Russian Federation // Russian Judge. – 2022. – No. 8. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
3. Zubakin V. Yu. Criminal legal immunities as an element of inequality before the law in the system of criminal liability // Russian investigator. – 2006. – No. 10. – P. 19-21.
4. Kolokolov N.A. The vicissitudes of proceedings against judges accused of exceeding their official powers (Part 2 of Article 286 of the Criminal Code of the Russian Federation) // Court Administrator. – 2022. – No. 3. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
5. Konovalova L. G. Immunity of a deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation // Russian Legal Journal. – 2010. – No. 6. – P. 15 24.
6. Meretsky N. E., Alekhin D. V. Legal regulation of the participation of certain categories of persons in criminal proceedings // Russian investigator. – 2011. – No. 15. – P. 24-27.
7. Ovchinnikov O. A., Trishkin S. V. Legal and social aspects that influence the corruption situation in Russia // Administrative law and process. – 2012. – No. 5. – P. 7 11.
8. Romanenko N.V. On the conflict of constitutional and criminal procedural interests in the criminal prosecution of a judge // Russian Judge. – 2021. – No. 9. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
9. Stelmakh V. Yu. Some procedural aspects of deprivation of immunity from criminal prosecution // Current problems of Russian law. – 2021. – No. 12. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
CRIMINAL PROCEDURE
KOSAREV Sergey Yurjevich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
KOCHEMIROVSKY Vladimir Alexeevich
Ph.D. in chemical sciences, associate professor of the Higher School of Law and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MENSHIKOV Pavel Valentinovich
assistant of the Higher School of Law and Forensic Engineering of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROV Dmitriy Anatoljevich
Ph.D. in Law, associate professor, Director of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
DIGITALIZATION OF THE EVIDENCE BASE BY MODERN METHODS OF FORENSIC EXAMINATION
This article discusses scientific and practical research and laboratory modeling in the field of documentoscopy through the use of a hardware spectral and chromatography-spectrometric complex with the function of digital processing of multidimensional data sets. The introduction of digital processes and innovative technical developments in the formation of an evidence base through scientific achievements in the field of forensic activity and the use of its results in making procedural decisions. The authors conclude that for the first time in world practice, methods have been developed for complex processing of multidimensional digital arrays of spectral and chromatographic data from the analysis of writing and stamping dyes, toners of printing devices, which make it possible to establish the age of handwritten, printed and stamped details on a document, as well as to estimate the age of the paper, on which the document is made, which allows you to digitize evidence and avoid procedural errors.
Keywords: сriminal procedure, forensic examination, expertology, documentoscopy, law enforcement.
Bibliographic list of articles
1. Kochemirovsky V. A., Mokhorov D. A. et al. Physico-chemical foundations of materials science for forensic experts: a textbook / Peter the Great St. Petersburg Polytechnic University, Humanitarian Institute. – St. Petersburg: POLYTECH-PRESS, 2021.
2. Kochemirovsky V. A., Mokhorov D. A. et al. Physico-chemical foundations of materials science for forensic experts: textbook, ed. 2, supplemented and revised / Peter the Great St. Petersburg Polytechnic University, Humanitarian Institute. – St. Petersburg: Publishing and Printing Association of Higher Educational Institutions, 2023.
3. Mokhorov D. A., Kochemirovsky V. A. Dating of the document. – St. Petersburg: Publishing and Printing Association of Higher Educational Institutions, 2023.
4. Gorshkova K. O., Rossinskaya E. R., Kirillova N. P., Fogel A. A., Kochemirovskaia S. V., Kochemirovsky V. A. Investigation of the new possibility of mathematical processing of raman spectra for dating documents // Science and Justice. – 2020. –T. 60. – No. 5. – Rr. 451-465.
5. Ershova O., Kochemirovskaia S. V., Cieśla Rafał, Kirillova N. P., Mokhorov D. A., Kochemirovsky V. A. Physicochemical analysis of the age of handwritten inscriptions on documents: trends and prospects // Expert Systems with Applications. – 205 (2022). – 117683.
6. Kochemirovsky Vladimir, Barova Valeria, Denisova Yulia, Ischuk Diana, Fogel Alena, Kochemirovskaia Svetlana, Anisimov Dmitriy, Mokhorov Dmitriy, Novomlinsky Maxim. Influence of the humidity factor on artificial ink aging and document dating // Forensic chemistry. – 2023. – Available at SSRN 4446135.
7. Mokhorov Dmitriy, Anisimov Dmitriy, Kochemirovsky Vladimir. Examination of the prescription of a document as a way to identify malfeasance // Reliability: Theory & Applications (2023). – Special Issue No. 5 (75). – Volume 18, November 2023. – pp. 619-631. – [Electronic resource]. – Access mode: https://doi.org/10.24412/1932-2321-2023-575-619-631.
8. Sirro Sergey, Ershova Ksenia, Kochemirovsky Vladimir, Fiks Julia, Kondrakhina Polina, Ermakov Sergey S., Mokhorov Dmitriy. Recognition of fake paintings of the 20th-century Russian avant-garde using the physicochemical analysis of zinc white // Forensic Chemistry. – 2021. – T. 26. – P. 100-367.
CRIMINAL PROCEDURE
KUDRYASHOVA Svetlana Dmitrievna
assistant to the Khimki City Prosecutor of the Moscow Region, Prosecutor’s Office of the Moscow region
Trial by jury in district courts: practical problems
The author analyzes the current practice of considering criminal cases trial by jury. There are problems basing on practice criminal cases. In particular, there are reasons of appeal. Analysis showed that the incompleteness of the investigation entails consequences in the form of acquittals when considering the consideration of the case with the participation of the jury. Investigators not always do all investigative actions before managing the prosecutor’s affairs for conducting accusatory supervision. The subject of the analysis was incorrect words of questions list that must be resolved by jury. Author identifies the causes of such judicial errors, and also tries to offer practical recommendations for their elimination.
Keywords: trial by jury, question list, formulation of questions list, jury in the district court, poll of the jury
CRIMINAL PROCEDURE
SHAPOVALOVA Tatyana Ivanovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
The pros and cons of using hypnosis in the process of proving in criminal proceedings
The article discusses some controversial issues of interrogation under hypnosis. Just like any phenomenon, hypnosis can be both positively and negatively evaluated. Interrogation by hypnosis in the framework of the Russian criminal process does not have its own legal regulation, but this does not mean that it should be categorically abandoned. The foreign experience of using this method has shown its effectiveness in some cases. Opponents of the use of this method focus on the violation of the rights of participants subjected to hypnosis, which is unacceptable from the point of view of the Criminal Procedure Code of the Russian Federation. The possibility of finding the “golden mean” of using this method is of interest.
Keywords: hypnosis, proof, interrogation, method, victim, suspect, law, witness, specialist.
Bibliographic list of articles
1. Ryashchev A.E. Investigative hypnosis. Status, problems and prospects // Electronic bulletin of the Rostov Socio-Economic Institute. – 2014. – No. 3. – P. 169-174.
2. Kitaev N. N. Hypnosis and crimes / N. N. Kitaev; N. N. Kitaev; Feder. education agency, Baikal. state University of Economics and Law. – Irkutsk: Publishing house BGUEP, 2006. – 60 p.
3. Grimak L.P. Hypnosis and crime. – M., 1997. [Electronic resource]. – Access mode: https://libcat.ru/knigi/nauka-i-obrazovanie/psihologiya/25477-87-leonid-grimak-gipnoz-i-prestupnost.html (access date: 01/12/2024).
4. Kitaev N. N. Hypnosis and crime detection: possibility and legality of application. [Electronic resource]. – Access mode: https://jurid-psy.livejournal.com/5348.html (access date: 01/12/2024).
5. Skrypnikov A.I. Obtaining information through surveys under hypnosis // Investigation of multi-episode murders committed on sexual grounds: Scientific method. manual / [Dvorkin A.I. et al.]; edited by K. Yu. n. Dvorkina A.I. – Moscow: Exam, 2004. – 414 p.
6. The main case of Marina Zabbarova // Perm region. Editorial office of FederalPress / Expert channel UralPolit.Ru 09/10/2008. [Electronic resource]. – Access mode: https://fedpress.ru/news/russia/policy/477768 (access date: 01/12/2024).
7. Lunev R. S. Application of non-traditional methods of influencing the defendant in Russian legal proceedings (using the example of hypnosis) // Lawyer’s Advisor. – 2013. – No. 9. – P. 3-13. – EDN SGZXCZ.
8. Forensic psychology for investigators. – M.: Yurlitinform, 2001. – 352 p.
CRIMINAL PROCEDURE
ANNAGI Abdul Mammadli ogly
doctoral student of the Forensic science center of the Ministry of Justice of the Republic of Azerbaijan
LEGAL BASIS OF THE INVESTIGATIVE ASSENT IN PRE-TRIAL PROCEEDINGS OF THE REPUBLIC OF AZERBAIJAN
The arguments of supporters of the use of the institution of investigative assistance in pre-trial proceedings in the Republic of Azerbaijan are that this system ensures quick and decisive punishment of lawbreakers, prevents the detention of accused or suspected persons for a long time and makes an important contribution to the ability of the prosecutor to devote time to pivotal cases.
On the other hand, the critical aspects of the investigative assent is expressed by the fact that the material truth is not fully revealed, the public safety can be endangered due to the reduction of the punishment of the persons who have committed an especially serious crime and the early release of the criminal. In this article, we debate on the prospects of the application of the Investigative Assent in the Azerbaijan Criminal Procedure based upon the current legislative norms.
Keywords: investigative assent, court, criminal procedure, prosecution, accused.
Bibiography
1. Aydin Murat. Elements and Return of the Indictment // Journal of the Faculty of Law of Gazi University. – 2006. – No. 10 (1-2). – R. 367-398.
2. Balo Y. S., Cetinturk E. Prosecutor for the implementation of the criminal laws of the United States of America.
3. Decision of the Plenum of the Constitutional Court of the Azerbaijan Republic “On the interpretation of certain provisions of Articles 59.1.9 and 60 of the Criminal Code of the Azerbaijan Republic”, 2012, paragraph 2.
4. John F. Meyer’s Benefits in Investigative Assents // Encyclopedia of Crime and Punishment Publications, 2002.
5. Shahin Jumhur. Reconciliation in Criminal Justice – A Gift to Suleiman Arslan // Journal of the Faculty of Law of Seljuk University. – 1998. – R. 6.
6. Siegel Larry J. Courts and Criminal Justice in America, Annotated Instructor’s Edition, Prentice Hall, USA – 2010.
CRIMINAL PRINCIPAL LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
KASHINTSEVA Irina Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Foreign languages sub-faculty, Deputy Director of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ORGANIZATION OF TRAINING FOR THOSE SENTENCED TO IMPRISONMENT IN CORRECTIONAL INSTITUTIONS
The article analyzes the rules of penal and education law enforcement in the Russian Federation on the rights of convicts to get vocational and higher education in educational institutions of our state. Education is the main way to reform convicts. Within correctional institutions organize employees vocational training and vocational education for prisoners. However, many convicts while serving their sentences, which can be rather long, wish to get education in the proposed programs by means of distance learning. The issue of organizing such training and respecting human and civil rights to higher education is quite serious nowadays and can affect the reformation of a complimentary person and the return of a person to the society.
Keywords: penal law, organization of training, institutions of imprisonment, convicts, employees.
Bibliographic list of articles
1. Educational work with convicts: textbook Ananyev O. G., Ananyeva E. O., Kirillova T. V., Korysheva S. E., Kuznetsov M. I., Luzgin S. A., Skopina I. E. , Fedina A. M., Kholopova E. Yu. / Ed. Kirillova T.V. – Ryazan, 2021. – 206 pp.
2. Order of the Ministry of Justice of the Russian Federation dated March 24, 2020 N 59 “On approval of the Procedure for organizing vocational training and secondary vocational education of persons sentenced to imprisonment and serving sentences in institutions of the penal system of the Russian Federation” (with amendments and additions) / GARANT – [Electronic resource] – Access mode: https://base.garant.ru/73868126/ (access date 02/04/2024).
3. Brief description of the penal system of the Russian Federation. – [Electronic resource] – Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/(access date 02/04/2024).
4. More than a hundred convicts serving sentences in correctional institutions in the Moscow region received professions in the field of light industry / 02/07/2023 / Moscow region – Without Format. – [Electronic resource] – Access mode: https://podmoskovye.bezformata.com/listnews/osuzhdennih-otbivayushih-nakazanie-v-iu/114101871/ (access date 02/04/2024).
5. Ananyeva E. O., Ivliev P. V. Digitalization of certain areas in the activities of the penal system // Eurasian Legal Journal. – 2023. – No. 2 (177). – pp. 304-306.
6. Kryazheva S. G., Moskvitina M. M., Novikov A. V. Current state of recidivism among persons serving sentences in high-security correctional institutions // Questions of Russian and international law. – 2023. – Volume 13. No. 1A-2A. – pp. 388-397. DOI: 10.34670/AR.2023.25.62.051.
CRIMINAL PRINCIPAL LAW
VIDOVA Tatyana Alexandrovna
Ph.D. in historical sciences, associate professor, Deputy Head of Civil law disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
GOLOVASTOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law and organization of educational work sub-faculty of the Academy of the FPS of Russia, professor of Criminal law and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
MITYAEVA Yuliya Vladimirovna
Ph.D. in political science, associate professor, associate professor of Civil law disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
FORMATION AND DEVELOPMENT OF THE INSTITUTION OF CONDITIONAL SENTENCE IN RELATION TO MINORS IN DOMESTIC LEGISLATION
The article examines the formation of the institution of conditional sentence in the pre-revolutionary period, as well as its further development in Russian legislation. The points of view of scientists in the field of criminal and penal enforcement law related to the institution of conditional sentence are analyzed. Special attention is paid to the peculiarities of the legal regulation of the application of conditional sentence to minors.
Keywords: institution of conditional sentence, congratulating minor, conditional sentence, historical period, legal nature.
Bibliographic list of articles
1. Valeev A. Kh. Conditional sentence of minors: dis. …cand. legal Sciences: 12.00.08. – Ufa, 2004. – 186 pp.
2. Vidova T. A., Golovastova Yu. A. Third June political system in Russia: political prerequisites and historical consequences // Eurasian Legal Journal. – 2019. – No. 6 (133). – pp. 99-102.
3. Kostina S. M. The role of the Russian group of the International Union of Criminologists in the history of the formation of the institution of probation in pre-revolutionary Russia // Law: history, theory, practice: materials of the I International. scientific conf. (St. Petersburg, July 2011). – St. Petersburg, 2011. – pp. 33-37. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/39/903/ (access date: 10/03/2023).
4. Manannikov D. Yu. On the formation of the institution of suspended sentence in criminallaw // Citizen and law. – 2007. – No. 11. – P. 77-89.
5. Medvedev V. G. History of the Development of the Institute of Conditional Sentence in the Criminal Legislation of Russia // Bulletin of Science of TSU. – No. 2 (2). – 2008. – pp. 121-125.
6. Nekrasov A.P., Borisov A.V. Comparative legal analysis of the development of the domestic criminal law regulating the application of probation to minors in the historical period // Gaps in Russian legislation. – 2011. – No. 6. – P. 184-188. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sravnitelno-pravovoy-analiz-razvitiya-otechestvennogo-ugolovnogo-zakona-reglamentiruyuschego-primenenie-k-nesovershennoletnim (date of access: 11/21/2023).
7. Piontkovsky A. A. About probation or probation system // Journal of the Ministry of Justice. – 1898. – No. 5.
8. Ryabko D. A. History of the formation of the institution of probation in the 20th century of pre-revolutionary Russia // History of state and law. – 2007. – No. 1. – P. 25-26.
9. Tagantsev N. S. Russian criminal law. Part General: Lectures. – St. Petersburg, 1902. – T. 2.
10. Tarasov A. N. Conditional sentence under Russian legislation. – St. Petersburg, 2004. – 221 p.
11. Filenko E. A. Problems of applying probation to minors. Master’s thesis. … for a master’s degree in the field of study 04/40/01. Jurisprudence. Tomsk State University, 2017 – 80 p.
CRIMINAL PRINCIPAL LAW
BUBNOVA Yuliya Gennadjevna
Ph.D. in Law, associate professor, associate professor of Administrative and legal disciplines sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS, colonel of internal service
KALYASHIN Andrey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Constitutional and municipal law sub-faculty of the Vladimir branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
ON THE ISSUE OF SERVICE AND THE IMPLEMENTATION OF THE RULES FOR WEARING UNIFORMS BY FEMALE EMPLOYEES IN THE PENAL SYSTEM
This article examines the issues that reveal the possibilities of women to take an active part in the political and public life of society and the state, to carry out public service. Particular importance is given to the issues of legal regulation of the appearance of female employees serving in the penal enforcement system. In view of the lack of a legal formulation of this definition, the author of the article gives recommendations on making changes and clarifications on certain issues characterizing the concept of appearance as one of the fundamental factors influencing the process of forming the image of the penal enforcement system and its employees.
Keywords: civil service, penal enforcement system, female employees, appearance, image, official behavior.
Bibliographic list of articles:
1. Bodalev A. A. Personality and communication: Selected works. – M.: Pedagogy, 1983. – 272 pp.
2. Rakovskaya O. A. Features of the formation of a professional career for women // Gender aspects of social transformation: collection. scientific Art. – M., 1996. – P. 58-59.
3. GARF. – F. R-9401. – Op. 8. – D. 47. – L. 1-4. Copy.
CRIMINALISTICS
EVSTROPOV Dmitriy Anatoljevich
Ph.D. in technical sciences, associate professor of Traceology and ballistics sub-faculty of the Educational and Scientific Complex of Expert and Forensic Activities of the Volgograd Academy of the MIA of Russia
THE INFLUENCE OF ELECTRONIC SECURITY DEVICES ON THE DYNAMICS OF CHANGES IN CRIMES AGAINST PROPERTY
Abstract: the article studies the role of electronic security devices on the dynamics of changes in car thefts and burglaries, and considers one of the hypotheses explaining the “general dynamics of the decline in crime.” Analysis and testing of the hypothesis is required for a general understanding of the influence of various factors on the dynamics of crime reduction, and for drawing lessons for future practice and policy in relation to the prevention of certain types of offenses. The paper analyzes the results from 1992 to 2022 based on data available in the literature indicating the nature and changes in the relationship between security devices and reported theft statistics. The work is an attempt to explore and analyze one of the possible hypotheses that explain the general trend of decreasing crime rates. The goal is not only to identify the impact of the described devices, but also to understand their impact on the overall lifestyle and safety of society as a whole.
Keywords: crime decline, burglary, security hypothesis, crime review.
Principal bibliographic list
1. Zarubin D. A. Territorial features of the state of crime against property // Issue 4. – 2020. – No. 1. – P. 18.
2. Evtushenko I. I. Status and analysis of crimes against property in the Republic of Crimea (for the period from 2015 to 2020) // Scientific notes of the Crimean Federal University named after VI Vernadsky. Legal sciences. – 2021. – T. 7. – No. 3-1. – pp. 170-180.
3. Number of thefts in Russia. [Electronic resource]. – Access mode: https://rg.ru/2023/02/06/kolichestvo-ugonov-v-rossii-snizhaetsia-a-kolichestvo-ih-raskrytij-rastet.html (access date: 01/7/2023).
4. Trends and Dynamics of Vehicle Theft in Bulgaria. [Electronic resource]. – Access mode: https://csd.bg/blog/blogpost/2023/02/14/trends-and-dynamics-of-vehicle-theft-in-bulgaria/ (date of access: 01/7/2023).
5. Tseloni A. et al. Domestic burglary drop and the security hypothesis // Crime Science. – 2017. – T. 6. No. 1. – P. 1-16.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia, Zheleznogorsk
DOLGUSHINA Liubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia, Zheleznogorsk
DETECTION OF TRACES OF AN EXPLOSION AT THE SCENE
The article analyzes issues related to the formation and detection of traces of the use of explosives and explosive devices at the scene of an explosion-related crime. Explosions are among the most dangerous and destructive incidents that can occur in our world. Such events can have serious consequences for human health and safety, as well as for the environment. In such cases, the key point is to detect traces of an explosion in order to find out the causes, ways to organize the act and ensure public safety. In this article, the authors consider some of the main methods for detecting traces of an explosion.
Keywords: explosion trace, explosion, explosive substance, explosive device, detection of explosion traces, scene of the incident, explosive expertise.
Bibliographic list of articles
1. Shumaev D. G. Algorithm for the removal of trace traces of an explosion // Yurist-Pravoved. – 2019. – No. 2 (89). – pp. 237-241.
2. Samoilov A. Yu. Features of fixation and removal of material objects and traces, taking into account their nature and types // Rule of law: problems of understanding and implementation: collection of articles of the International Scientific and Practical Conference. – Ufa, 2015.
3. Mikhailov M. A. Investigation of criminal explosions (Recommendations for organizing the initial stage of the investigation). – Simferopol, 1997. – 37 p.
4. Shkhagapsoev Z. L., Gauzhaeva V. A. Tasks of preliminary research of explosion traces at the scene of an incident // Business in Law. Economic and legal journal. – 2014. – No. 2. – P. 283-285.
5. Technical support for the investigation of arson committed with the use of combustion initiators / I. D. Cheshko [et al.]; edited by d.v. Sc., prof. V. S. Artamonova. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2000.
CRIMINALISTICS
KUZMICHEV Yuriy Vladimirovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
MIKHAYLENKO Svetlana Vladimirovna
senior researcher of the Research Department of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
KOVALCHUK Valentina Alexandrovna
adjunct of the Rostov Law Institute of the MIA of Russia
FEATURES OF THE INVESTIGATION OF ACCIDENTS THAT CAUSED NEGLIGENT DEATH OF MINORS
The presented article is devoted to issues concerning some of the features and difficulties of investigating crimes after a traffic accident that caused the death of a minor by negligence. The team of authors presents statistical data indicating the strict relevance of this issue, since the rapid increase in the number of road accidents involving minors indicates a large number of criminal cases under investigation.
In addition, the authors comprehensively analyzed the problems related to the investigation of this category of crimes, determined the most common determinants of the commission of the offenses presented, and also proposed some recommendations for optimizing the investigation of road accidents, the result of which was the death of a minor.
Keywords: traffic accident, minors, children, death by negligence.
Bibliographic list of articles
1. Official website of the scientificRoad Safety Center of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://ntsbdd.mvd.rf/news/item/43162565/ (access date: 01/20/2024).
2. Meshalkin S. N. Problems of combating crime in the field of road safety // Labor protection and social insurance. – 2009. – No. 8. – P. 60-62.
3. Vladimirov S.V. Investigation of a vehicle collision with a pedestrian: dis. …cand. legal Sci. – Vladimir, 2011. – 213 p.
CRIMINALISTICS
LONSCHAKOVA Anzhella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
SYSTEM-FORMING FACTORS DETERMINING THE FEATURES OF CRIMINALISTIC CRIME PREVENTION
The article substantiates the opinion that one of the main tasks of forensic science is the criminalistic provision of crime prevention. However, the analysis of empirical material indicates the insufficient role of criminology in ensuring crime prevention. According to the results of the study, it was revealed that the study of the system-forming factors that determine the features of criminalistic crime prevention contributes to the formation and development of an interdisciplinary theory of crime prevention. The system-forming factors determining the features of criminalistic provision of crime prevention are analyzed in dialectical unity. The key aspect under study is the analysis of the transition (restructuring) of a problematic situation with respect to those of its properties that are defined as opposite. It should be borne in mind that opposites can be in different relationships, which allows using forensic tools to identify and fix significant predictive components during their transformation.
Keywords: criminalistic support, criminalistic victimology, criminalistic prevention, the identity of the victim, the identity of the criminal, situations that contribute (favor) the commission of crimes, the crime situation, the causes of crime, the determinants of crime.
Bibliographic list of articles
1. Burdanova V. S., Bykov V. M. Victimological aspects of criminology: textbook. – Tashkent, 1981. – 80 p.
2. Gavrilin Yu. V. Investigation of crimes encroaching on information security in the gray economy: theoretical, organizational, tactical and methodological foundations: dis. … doc. legal Sci. – M., 2009. – 404 p.
3. Gorsky G.F. Identification and study of the causes of crime in the stage of preliminary research: dis. … Ph.D. – Voronezh, 1965. – 334 p.
4. Zudin V.F. Social crime prevention: criminological and forensic problems. – Saratov, 1983. – 188 p.
5. Ivanov I.I. Forensic prevention (comprehensive study of genesis, condition, prospects): dis. … doc. legal Sci. – M., 2004. – 418 pp.
6. Lonshchakova A. R. Tactics of interrogation of the accused in cases of violent crimes. – M., 2022. – 168 pp.
7. Lonshchakova A. R. The theory of criminology and the theory of operational investigative activities: unite, create, protect, warn // Eurasian Legal Journal. – 2020. – No. 2 (141). – pp. 327-330.
8. Lonshchakova A. R. Investigative actions with the participation of persons subject to state protection: educational and practical guide. – M., 2022. – 176 pp.
9. Lonshchakova A. R., Kharisova Z. I. Computer program “Software-analytical complex “Cybercrime”. Certificate of registration of a computer program 2020661720, 09/30/2020.
10. Makhtaev M. Sh., Yablokov N. P. Forensic prevention: history of formation, modern problems. – M., 2016. – 288 p.
11. Ovchinsky V. S. Technologies of the future against crime. – M., 2017. – 288 p.
12. Ovchinsky V. S. Generative models of artificial intelligence – dangerous enemies or assistants to investigators and police officers? // Eurasian legal journal. – 2023. – No. 11 (186). – pp. 3-6.
13. Talyneva Z.Z., Lonshchakova A.R. Preventive activities of the inquiry body, interrogator, investigator at the stage of preliminary investigation in criminal cases // Eurasian Legal Journal. – 2020. – No. 5 (144). – pp. 277-278.
14. Frank L. V. Victimology and victimization: a textbook. – Dushanbe, 1972. – 111 p.
CRIMINALISTICS
RYZHKOVA Inna Alexandrovna
competitor for the degree of candidate of legal sciences, Moscow
TACTICAL TECHNIQUES AIMED AT IMPLEMENTING THE PRINCIPLE OF RESPECT FOR THE HONOR AND DIGNITY OF THE INDIVIDUAL DURING INVESTIGATIVE ACTIONS
The tactical and psychological techniques used by the investigator in his professional activities are based on his knowledge from
various fields, including not only psychology, pedagogy, but also political science, religionous studies and many others. However, having
versatile knowledge, not every subject of search and cognitive activity will be able to predict the behavior of participants in criminal
proceedings, being aware of their psychological characteristics. The article examines psychological tactics aimed at ensuring the
principle of respect for the honor and dignity of the individual depending on the personal status of the participant in the investigative
action and proposes their classification. The author describes tactical techniques depending on the religiosity or faith of the participant in the investigative action; ideology; family models (structure) and types of family relationships; ethnic status; sexual orientation and gender identity and other statuses of a participant in the investigative action.
Keywords: implementation mechanism, the principle of respect for the honor and dignity of the individual, ensuring individual rights, psychological tactics, personal status of the participant in the investigative action.
Bibliographic list of articles
1. Aksenova L. Yu., Anesheva A. T. Tactical techniques for interrogation // Siberian Legal Review. – 2019. – No. 1. – P. 80-84.
2. Antipova N. E. Subculture: concept and causes of its occurrence // Young scientist. – 2023. – No. 26 (473). – pp. 42-43.
3. Belkin R. S. Lenin’s theory of reflection and methodological problems of Soviet criminology. – M.: Higher School of the Ministry of Internal Affairs of the USSR, 1970. – P. 81.
4. Bertovsky L.V. Peculiarities of interrogation of persons of older age groups // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. –
2020. – T. 24. – No. 4. – P. 1100–1121.
5. Bertovsky L. V. On the issue of obtaining verbal information from persons with cognitive developmental disabilities Modern youth and the challenges of extremism and terrorism in Russia and abroad: collection
materials of the All-Russian (with international participation) scientific and practical conference / ed. Kh. P. Pashaeva. – Gorno-Altaisk: BITS GAGU, 2019. –
P. 125.
6. Vasiliev A. N. Fundamentals of investigative tactics: Author’s abstract. dis. … doc. legal Sci. – M., 1960. – P. 31.
7. Gritsaev S.I., Vlezko D.A., Shevel D.V. Use of psychological knowledge in crime investigation: textbook. allowance. – Krasnodar: KubSAU. – 2013.
– P. 250.
8. Knyazkov A. S. Signs of a tactical technique and criteria for the admissibility of its use // Bulletin of Tomsk State University. – 2012. – No. 355.
– pp. 94-102.
9. Knyazkov A. S. Conceptual provisions of tactical techniques. – Tomsk: Publishing house Tom. University, 2012. – 190 pp.
10. Komarov I. M. Forensic science. Volume 4. – Forensic tactics. 2019. – P. 179
11. Komissarov V.I. Forensic tactics: history, current state and development prospects. – M.: Yurlitinform, 2009. – P. 40.
12. Malyutin M.P. Tactical techniques in crime investigation. – Moscow: Yurlitinform, 2009. –
P. 184.
13. Obraztsov V. A. Tactical technique as a means of cognition // Forensic science: textbook, 2nd ed., revised. and additional / ed. V. A. Obraztsova. – M.: Yurist, 2002.
– P. 345.
14. Oleynik A. N. Prison subculture in Russia: from everyday life to state power. – M.: INFRA-M, 2001. – P. 418.
15. Basic provisions of investigative tactics / V. D. Zelensky, D. A. Vlezko, M. V. Golovin, S. I. Gritsaev, resp. editor V. D. Zelensky. – Krasnodar: KubSAU, 2011. – P. 275.
16. Ondar D.S. The initial stage of the investigation of thefts from a home in rural areas in conditions of compact residence of an ethnic group (based on materials from the Republic of Tyva): Author’s abstract. dis. Ph.D. –
Rostov, 2019. – P. 26.
17. Sadykov A. U., Pakhomov S. V. Correlation of the concepts of forensic tactics and their methodological significance // Society and Law. – 2012. – No. 1 (38). – pp. 227-234.
18. Filippov A. G. General provisions of forensic tactics and the procedure for conducting investigative actions // Forensic Science: Textbook / Ed. A. G. Filippova. – M., 2004. – P. 197-198.
19. Shakhbanova M. M. Interethnic interactions in the Republic of Dagestan and their consequences for the development of ethnic identity (on the example of small peoples) // IAEC. – 2012. – No. 2 (30).
20. Shestak V.A., Dunichkina A.P. Prison subculture as a cultural phenomenon in Russia // Education and Law. – 2019. – No. 6.
CRIMINALISTICS
SAMOYLOV Alexander Yurjevich
Ph.D. in Law, associate professor of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
FEATURES OF ESTABLISHING SPATIAL AND TEMPORAL CONNECTIONS DURING THE INSPECTION OF THE SCENE
The article is devoted to the study of the peculiarities of establishing spatial and temporal connections during the inspection of the scene of an accident. The factors that influence the establishment of links between objects and events, as well as various aspects of the inspection process, such as collecting and recording evidence, determining the sequence of actions, as well as taking into account the temporal and spatial characteristics of the scene, are analyzed. Inspection of the scene is one of the key stages in the investigation of crimes, and the success of the entire investigation process depends on the correctness of establishing spatial and temporal links. The article discusses the importance of taking into account spatial and temporal relationships during the examination.
Keywords: inspection of the scene, spatial connections, temporal connections, investigation of crimes.
Bibliographic list of articles
1. Bobrova L. D., Lysova A. A.’s use of special knowledge when carrying out individual investigative actions // Current problems of legal science and law enforcement practice: collection of materials of the 4th International Scientific and Practical Conference, Cheboksary, November 05, 2014. – Cheboksary: Chuvash State University named after I. N. Ulyanov, 2014. – P. 349-355. – EDN UDTJBH.
2. Golovin M.V., Shpak N.M. Algorithmization of investigative actions at the initial stage of an extortion investigation // Scientific journal of KubSAU. – 2016. – No. 123. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/algoritmizatsiya-sledstvennyh-deystviy-na-pervonachalnom-etape-rassledovaniya-vymogatelstva (date of access: 01/11/2024).
3. Case No. 1-71/2018 // Arch. Kurchatovsky District Court of Chelyabinsk. Op. 2. 210 l.
CRIMINALISTICS
SHAGIEVA Gulnara Rifovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
YUSUPOVA Svetlana Invirovna
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
FORENSIC PHOTOGRAPHY
The article examines the branch of forensic technology-forensic photography, which helps to solve crimes and is an integral part of the investigation. The scene of the incident is documented using techniques and methods of forensic photography. Anything found at the crime scene can be used as physical evidence if it is relevant to the case, therefore documenting the crime scene and physical evidence in their true form is key to the investigation. Forensic photography is a form of documentation that is necessary to preserve the quality of the discovered physical evidence.
Keywords: forensic photography, digital photography, photographic documentation, digital camera, bracketing, exposure.
Bibliographic list of articles
1. Barova Yu. D. Some problems of forensic photography. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=41592222&ysclid=lryohn8ebk688176316 (date of access: 01/27/2024).
2. Definition and system of forensic photography. [Electronic resource]. – Access mode: https://student-servis.ru/spravochnik/opredelenie-i-sistema kriminalisticheskoj-fotografii/ (date of access: 01/27/2024).
CRIMINALISTICS
DOLGUSHINA Liubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia, Zheleznogorsk
FORENSIC FEATURES OF THE INITIAL INVESTIGATIVE ACTIONS RELATED TO THE INSPECTION OF THE EXPLOSION SITE
The article analyzes issues related to the investigation of incidents related to explosions, presents the main problems associated with finding, investigating, as well as fixing information in the form of evidence at the explosion site. When organizing and planning the investigation of criminal explosions, it is necessary to take into account their characteristics caused not only by the increased danger arising from the threat of a repeated explosion, but also by conditions that significantly determine the possibility of detecting traces and meet the requirements of informativity. Within the framework of this article, special attention is paid to the inspection of the explosion site in open areas of the area.
Keywords: explosion trace, explosion, explosive substance, explosive device, detection of explosion traces, scene of the incident, explosive expertise.
Bibliographic list of articles
1. Biryukov V.V. Forensic weapons science. – Lugansk: SPD Reznikov V.S., 2013. – 256 p. – ISBN 978-617-509-301-6.
2. Kotkin P. N. Tactics of emergency actions at the site of an explosion associated with the use ofWe eat an explosive device // Forensic expert. – 2006. – No. 2. – P. 10-16.
3. Antonov V.P., Belozerova I.I., Bertovsky L.V., Borinskaya S.A. Forensics: a textbook for bachelors / Ed. L. V. Bertovsky; Ross. Peoples’ Friendship University. — Moscow: Prospekt, 2018. — 961 p.
4. Shkhagapsoev Z. L., Gauzhaeva V. A. Tasks of preliminary research of explosion traces at the scene of an incident // Business in Law. Economic and legal journal. – 2014. – No. 2. – P. 283-285.
CRIMINOLOGY
ALYSHEV Sergey Sergeevich
associate professor of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, Stavropol
THE PERSONALITY OF THE CRIMINAL AS THE BASIS OF CRIMINOLOGICAL THEORY
The article examines the personality of the criminal as the basis of criminological theory, taking into account the system of socially significant properties of the person who committed the crime, reflecting the possibility of his correction by criminal legal means, analyzes official statistics and the approaches of legal scholars. Through the use of various methods of scientific research, individual provisions established in the theory of science are analyzed in order to concretize the essential content of the phenomenon under consideration. A substantial review of various areas of understanding the personality of a criminal and their consideration in the practical and legal aspects of crime prevention was carried out.
Keywords: crime, criminal, personality characteristics, criminal identity, crime prevention.
Bibliographic list of articles
1. Dagel P. S. The doctrine of the personality of a criminal in Soviet criminal law: a textbook. – Vladivostok: Far Eastern University Publishing House, 1970. – 132 p.
2. Criminology: a textbook for graduate students / Ed. I. M. Matskevich. – M.: Norma: INFRAM, 2017. – 368 p.
3. Criminology: textbook / Ed. V. N. Kudryavtseva. 5th ed., revised. and additional – M.: Legal Norma, Scientific Research Center INFRA-M, 2015. – 800 pp.
CRIMINOLOGY
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
TISHCHENKO Alina Vyacheslavovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
CRIMINOLOGICAL CHARACTERISTICS OF FEMALE CRIME
The article reveals the concept of “female crime”. The authors draw attention to the importance of understanding the mechanisms of criminal behavior of women. The authors highlight the key characteristics of the personality of a female criminal, in order to study it and identify factors contributing to the commission of crimes. In addition, the types of crimes committed exclusively by women are indicated. The differences between female and male crime are revealed. It also provides rehabilitation methods for women who have committed crimes and measures to reduce the number of crimes committed by women.
Keywords: female crime, personality, crimes, factors, rehabilitation, reduction of the number of crimes.
Bibliographic list of articles
1. Votinova A. S., Omigov V. I. Criminological characteristics of female crime // Bulletin of the scientific association of students and graduate students of the Faculty of History of the Perm State Humanitarian Pedagogical University. Series: Stadia Historica Jenium. – 2011. – No. 1 (7). – pp. 147-153.
2. Combating crime. Special part / Reviewers: Doctor of Law, Professor A. V. Groshev; Doctor of Law, Professor P. N. Panchenko. Volume 2. – Cheboksary: without publishing house, 2015. – 616 p.
3. Krymkin V.V. Female criminal // Justice of the Peace. – 2008. – No. 12. – P. 4-8.
4. Marlukhina E. O. Criminology: textbook. – Moscow: Dashkov and K°, 2007. – 372 p.
5. Lavrinenko A. A. Crime “with a woman’s face”: sad statistics or patterns of development? // Society and law. – 2008. – No. 3 (21). – pp. 201-203.
CRIMINOLOGY
NURUTDINOV Ilnur Ildusovich
Ph.D. in sociological sciences, associate professor, senior lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia, lieutenant colonel 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
VALEEVA Gulshat Shakurovna
lecturer of Vocational training sub-faculty of the Ufa Law Institutete of the MIA of Russia, major of police
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire Training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
DEVIANT BEHAVIOR OF MINORS: CLASSIFICATION, CAUSES
This article analyzes the term “deviant behavior”, presents the approaches of various authors to classify the causes of deviant behavior in minors, as well as the features of the use of this term in relation to minors. During the analysis of scientific literature, the authors identify the causes of the formation of deviant behavior and suggest ways to improve the system of prevention of deviant behavior of minors. The authors note that the prevention of deviant behavior should primarily be carried out at the pre-criminal level of deviance, when the child is not yet a criminal, and his social deviations manifest themselves at the level of offense minors.
Keywords: deviant behavior, juvenile delinquency, crime prevention, deviant behavior, police officer.
Bibliographic list of articles
1. Besschetnova O. V. Formation of safe behavior among students to act in dangerous situations // Life safety: science, education, practice: material. VI Interregional scientific and practical conf. with international participation, November 28, 2015, Yuzhno-Sakhalinsk: Sat. scientific Art. / Federal State budgetary educational institution of higher education prof. education “Sakhalin State. University”; ed. Col.: I. G. Minervin, V. V. Moiseev; comp.: S. V. Abramova, E. N. Boyarov. – Yuzhno-Sakhalinsk: SakhSU, 2016. – pp. 29-30.
2. Zhelnin E.V. Prevention of deviant behavior of minors // Bulletin of Science. – 2021. – No. 8 (41). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-deviantnogo-povedeniya-nesovershennoletnih (date of access: 10/07/2023).
3. Kocherov A.V. Deviant behavior as a psychological phenomenon // Bulletin of Science. – 2020. – No. 2 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deviantnoe-povedenie-kak-psihologicheskiy-fenomen-1 (date of access: 10/07/2023).
4. Maysak N.V. The problem of systematization of deviant behavior // Astrakhan Medical Journal. – 2011. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-sistematizatsii-deviantnogo-povedeniya (date of access: 01/15/2024).
5. Tipunova A. A. The concept of “minor” in criminal law of Russia // World Science. – 2018. – No. 6 (15). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-nesovershennoletniy-v-ugolovnom-prave-rossii (date of access: 10.25.2023).
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
SOME ISSUES OF DRUG SAFETY THROUGH THE PRISM OF THE INFORMATION BACKGROUND OF SOCIETY (ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY)
The article analyzes some indicators of the state of both the entire crime in Russia and, in particular, crime in the field of drug trafficking. The individual data obtained on the state of the drug situation in the Krasnoyarsk Territory based on the results of a sociological survey as part of the annual monitoring of the drug situation are studied. The components of drug safety of society in the region related to the information environment are considered. As a result, a conclusion was formulated on increasing the effectiveness of preventive measures of an anti-drug orientation of an informational nature.
Keywords: crime, drug trafficking, drug situation, drug safety, monitoring, information security.
Bibliographic list of articles
1. The state of crime in Russia for January-November 2023 / Federal Public Institution “Main Information and Analytical Center” of the Ministry of Internal Affairs of the Russian Federation, – M., 2023. [Electronic resource]. – Access mode: https://mvd.rf/reports/item/42989123/ (date of access: 01/22/2024).
2. State and prospects for ensuring drug safety in society: based on the results of monitoring studies in the Krasnoyarsk Territory / V. E. Shinkevich, E. N. Ben, N. V. Maslodudova [and others]. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2019. – 208 p.
3. Nevirko D. D. Features of the drug situation in the subjects of the Siberian Federal District and the main directions of anti-drug preventive activities in modern conditions (based on the results of sociological research) / D. D. Nevirko, P. V. Teplyashin, S. A. Stupina // Vestnik Siberian Law Institute of the Federal Drug Control Service of Russia. – 2014. – No. 4 (17). – pp. 96-105.
4. State of the drug situation in the Krasnoyarsk Territory according toresults of sociological research in the format of annual monitoring in 2022 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Y. N., Stupina S. A. Research report. Ministry of Internal Affairs of the Russian Federation. 2023.
CRIMINOLOGY
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ABDULSAMEDOV Abdulakhad Tazhitdinovich
magister student of the 2nd course of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MURDER FOR HIRE: CAUSES, MOTIVES AND MAIN DIRECTIONS FOR PREVENTION
Hired murders pose a serious threat to public safety and law and order. They are one of the most brutal and undemocratic manifestations of violence in society. This scientific article examines the criminological component and practice of preventing hired murders. The authors analyze the main approaches and methods used by law enforcement agencies and specialized services to prevent and suppress such crimes. Hired murders in Russia have their own specifics. Those who order murders for hire often use double agents to hide their involvement in the crime; the perpetrators of hired murders are usually in the shadows and difficult to identify by law enforcement agencies.
The study showed that there are several main reasons why contract killings are widespread in Russia. The influence of the behavior of the murder victim on the crime itself and its further consequences is very significant. To more effectively combat assassination, it is necessary to develop cooperation with non-governmental organizations working to prevent violence and crime.
Keywords: hired murders, motivation, reasons, victim, behavior, prevention, cooperation.
Bibliographic list of articles
1. Source: [Electronic resource]. – Access mode: https://woronkin.ru/skolko-zakaznyx-ubiistv-soversaetsya-v-rossii-kazdyi-god-i-zacem-oni-osushhestvlyayutsya
2. Sokolova S. A. Problems of criminal legal qualifications using the example of distinguishing between murder for hire and murder for mercenary reasons // Law and order in modern society. 2015. No. 4. P. 89.
3. Tenitilova V.V. Problems of qualification of murders for hire // Law and education. 2017. No. 7. P. 135-142.
LAW ENFORCEMENT AGENCIES
VALIAKHMETOV Ruslan Rasulevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
AMELIN Sergey Gennadjevich
associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
STRIGA Oleg Nikolaevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
ORGANIZATIONAL AND TACTICAL FEATURES OF CONDUCTING VARIOUS FORMS OF PHYSICAL TRAINING IN THE SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Physical training of employees of the internal affairs bodies is an integral part of the development of their professionally applied skills and abilities, as well as theoretical knowledge used in solving official tasks. In order to organize the most effective and high-quality physical training classes, various forms are used that contribute to the development of the general professional preparedness of a law enforcement officer.
This study provides an analysis of the most relevant tactical features and forms of organization of physical training classes in the system of the Ministry of Internal Affairs of the Russian Federation, as well as some recommendations for optimizing and improving the educational process in educational organizations and territorial bodies of internal affairs.
Keywords: physical training, uniforms, police officers, theoretical, practical, control, additional, service tasks.
Bibliographic list of articles
1. On the police: Federal Law of February 7, 2011 No. 3-FZ.
2. On approval of the Manual on the organization of physical training in the internal affairs bodies of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated June 1, 2017 No. 450.
3. On approval of the procedure for organizing training for filling positions in the internal affairs bodies of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated May 5, 2018 No. 275.
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: 01/27/2023).
5. Chekhranov Yu. V., Khromov V. A. Physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia in the structure of general human culture // International Journal of Psychology and Pedagogy in Service Activities. – 2017. – No. 1. – P. 48-50.
LAW ENFORCEMENT AGENCIES
VERTINSKIY Kirill Dmitrievich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
EGOSHIN Dmitriy Ivanovich
associate professor of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
OBLAP Stepan Igorevich
senior lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
ORGANIZATION AND FEATURES OF PREPARATION FOR THE PERFORMANCE OF CONTROL ENDURANCE EXERCISES OF A POLICE OFFICER
Physical training is an integral element of the professional development of a police officer, consisting of service and applied skills, as well as physical qualities of the human body. The category of physical qualities, along with speed, dexterity, strength and flexibility, also includes endurance, which is an inalienable element of the preparedness of a law enforcement officer, allowing him to successfully overcome difficulties associated with the performance of service and combat tasks.
Determining the high degree of relevance of the chosen topic, within the framework of this study, we conducted a comprehensive analysis of the organizational and tactical features of preparing law enforcement officers to perform endurance control exercises. Within the framework of this study, fundamental definitions were given, the most vulnerable issues of physical fitness were identified, and ways of solving and improving the development of endurance, as necessary for the successful performance of official tasks by police officers of physical quality, were formed.
Keywords: organization, control exercises, physical qualities, endurance, running, law enforcement officer.
Bibliographic list of articles
1. Service-applied physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia / A. S. Matveev, A. R. Mirzoev, M. M. Magomedaliev [etc.] // Physical culture and sport in the system of higher and secondary vocational education : Materials of the VIII International Scientific and Methodological Conference dedicated to the 75th anniversary of the Victory of the Soviet people in the Great Patriotic War, Ufa, March 20, 2020 / Editorial Board: N. A. Krasulina [and others]. – Ufa: Ufa State Petroleum Technical University, 2020. – P. 210-213. – EDN RPEVSC.
2. Kardanov A.K. The importance of physical training in the professional activities of a modern police officer // Theory and practice of social development. – 2014. – No. 14. – P. 118-120.
3. Aldoshin A. V. Specifics of adaptation of the cardiovascular system of athletes and employees of internal affairs bodies who regularly engage in physical exercises // Physical culture and sport in the system of professional education: experience and innovative technologies of physical education: collection of materials of the All-Russian scientific and practical conference. – Ekaterinburg: Ural Institute of the Ministry of Internal Affairs of Russia, 2019. – pp. 3-7.
4. Panferov R. G. Optimization of physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Improving the physical training of law enforcement officers: collection of articles. – Orel: OrYuI of the Ministry of Internal Affairs of Russia named after V.V. Lukyanov, 2020. – P. 167-168.
LAW ENFORCEMENT AGENCIES
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
AKHIYAROV Robert Ayratovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KOSHEVETS Gennady Vladimirovich
Head of the Educational Department of the Ufa School for the training of dog handlers of the MIA of Russia
DEVELOPMENT OF PSYCHOLOGICAL STABILITY OF STUDENTS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN FIRE TRAINING CLASSES AND PROSPECTS FOR THE USE OF PSYCHOLOGICAL TECHNIQUES FOR OVERCOMING STRESS IN PRACTICE
The article deals with topical issues of overcoming stressful situations that arise when shooting with firearms through the use of various psychological techniques, as well as consideration of the causes of their occurrence. Formation of psychological resistance of cadets and police officers to sudden stressful situations related to the use of firearms, which have the prospect of overcoming stress in practice. The author suggests ways to overcome stress and develop the skills of calm response to stressful situations with firearms.
Keywords: fire training, cadet, psychological stability, firearms.
Bibliographic list of articles
1. Arkhipov S. N. Fire training in the system of professional training of employees of internal affairs bodies: problems and ways to solve them // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (6). – pp. 171-173.
2. Konychev A. A., Merkulova Yu. N., Chebaev A. A. Psychological training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia during fire training // Epoch of Science. – 2019. – No. 19. – P. 36-38.
3. Melnik E. A., Shultz D. V. Stressful situations that cadets encounter when shooting during fire training classes // Young scientist. – 2022. – No. 48 (443). – pp. 536-538.
4. Semenov V.V., Medvedev I.V. Preparation for stressful situations of cadets of universities of the Ministry of Internal Affairs of Russia during fire training classes // Current problems in the fight against crimes and other offenses. – 2016. – No. 16-2. – pp. 191-194.
LAW ENFORCEMENT AGENCIES
IVANCHENKO Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Legal culture and human rights protection sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
MELESHKIN Valeriy Venediktovich
Ph.D. in philosophical sciences, associate professor, associate professor of Legal culture and human rights protection sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
CERTAIN ASPECTS OF THE PROSECUTOR’S SUPERVISION OVER THE LEGALITY OF THE ACTIVITIES OF THE SUBJECTS OF THE LICENSING SYSTEM
The article is devoted to some issues of the organization of supervisory work in the licensing and licensing sphere, and discusses some problems of prosecutorial law enforcement practice. The article presents different points of view on the issue of the organization of supervision in the field of public relations under consideration, similar points of view are grouped on the basis of a systematic approach. The article is intended for employees of the prosecutor’s office and other law enforcement agencies, graduate students and students.
Keywords: prosecutor’s office, prosecutor’s supervision, licensing system, license.
Bibliographic list of articles
1. Amiantova I. S. Anti-corruption: Textbook. – 1st ed. – Moscow: Yurayt Publishing House, 2022. – 149 p.
2. Kozhinsky A. V. Theoretical and organizational foundations of the activities of prosecutors in supervising the implementation of antimonopoly legislation: dissertation … candidate of legal sciences: 12.00.11 / [Place of defense: Federal State Autonomous Educational Institution of Higher Education “National Research Nizhny Novgorod State University named after. N.I. Lobachevsky “]. – Nizhny Novgorod, 2021. – 284 pp.
3. Lisichkin V. A., Simchera V. M. On the effectiveness of investment and construction projects in the oil and gas industry // Construction Economics. – 2021. – No. 2 (68). – pp. 21-27.
4. Mukomel V.I. Central Asian migrants on the Russian labor market: before the pandemic // Sociological studies. – 2022. – No. 1. – P. 63-75.
5. Ashitkova T.V., Antonova E.N., Viktorov I.S., Palamarchuk A.V. Organization of prosecutorial supervision over the implementation of legislation on insurance activities: Method. recommendations / Gene. Prosecutor’s office of Russia Federation. Research Institute of Problems of Strengthening Law and Order under the General. Prosecutor’s Office of Russia Federation. – M., 2001. – 86 p.
6. Ashitkova T.V. [etc.]. Prosecutor’s supervision over the implementation of legislation on medicines and observance of the rights of citizens to the provision of medicines: a manual. – M., 2011. – 95 p.
7. Soloshenko L. A. System of administrative and legal means of ensuring the rule of law in the implementation of licensing activities of federal executive authorities // Police and investigative activities. – 2022. – No. 1. – P. 1-8.
8. Subanova N.V., Belousova D.S. Legality in the licensing sphere: lessons from “Bulgaria” // Legality. – 2022. – No. 6(1052). – [Electronic resource]. – Access mode: https://base.garant.ru/77111823/ (date of access: 01/16/2024).
9. Subanova N.V. Problems of ensuring legality in the sphere of functioning of the licensing system // Journal of Russian Law. – 2022. – T. 26. – No. 6. – P. 60-77.
10. Subanova N.V. Prosecutor’s supervision over the implementation of legislation in the field of licensing: issues of theory and practice. – Moscow: Jurisprudence, 2011. – 202 p.
11. Khromov A. A. Improving the system of legal regulation and legal status of business entities // Symbol of science: international scientific journal. – 2022. – No. 1-1. – pp. 62-68.
LAW ENFORCEMENT
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ON THE ISSUE OF THE USE OF ARTIFICIAL INTELLIGENCE IN PROCESSING LARGE AMOUNTS OF TEXT DATA IN THE PRACTICAL ACTIVITIES OF EMPLOYEES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The study is devoted to the consideration of the possibilities of artificial intelligence methods to increase the efficiency of processing large amounts of textual information on the example of considering appeals from citizens entering the Federal Penitentiary Service. In particular, deep learning technologies using artificial neural networks are considered. The possibilities provided by the use of neural networks for automatic processing of requests received in electronic form are noted, and the features of the practical implementation of neural network methods for analyzing the texts of appeals are given. The approach considered in this paper is a promising tool that serves to reduce the labor costs of employees of the Federal Penitentiary Service of Russia when working with large amounts of text data.
Keywords: citizens’ appeals, information technologies, artificial intelligence methods, machine learning, artificial neural network, legal document designer, chatbots, Penal 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. Minbaleev A.V. Regulation of the use of artificial intelligence in Russia // Information law. – 2020. – No. 1. – pp. 36–39.
3. Palyanova N.V. The use of artificial intelligence in the field of Legal Tech: modern opportunities and prospects // Socio-economic development and quality of the legal environment: Proceedings of the VIII Moscow. legal Forum, XIX Int. scientific-practical conf. Part 2. – M.: MSYuA, 2021 – pp. 260-267.
4. Sadykova R. A. On the issue of the procedure for considering citizens’ appeals in the penal system of the Russian Federation // Scientific works of the Federal Public Institution Research Institute of the Federal Penitentiary Service of Russia: scientific and practical quarterly publication. Volume Issue 1. – Moscow, 2022. – pp. 15-19.
5. Tsarkova E. G. Prospects for the use of generative artificial intelligence in the educational process of educational organizations of the Federal Penitentiary Service of Russia // Education and Law. – 2023. – No. 9. – P. 304-306.
LAW ENFORCEMENT AGENCIES
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
MANSUROVA Zilya Rakhimlanovna
Ph.D. in medical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
GORBATSEVICH Olga Anatoljevna
lecturer of Administrative affairs of the department of internal affairs sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
KORTIKOV Alexey Valerjevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, major of police
THE USE OF INTERACTIVE TEACHING METHODS IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses various approaches to understanding interactive technologies and teaching methods. The description of active, passive and interactive teaching methods is given. The authors pay special attention to the peculiarities of using the business (role-playing) game method. The authors note that when using interactive methods in the educational process, tasks such as: the development of general skills, the acquisition of knowledge, the development of communicative competence, as well as educational tasks are solved.
Keywords: interactive methods, teaching methods, interactive technologies, university education, business game method.
Bibliographic list of articles
1. Burgat V.V. Business game as a method of active learning // STEZH. – 2014. – No. 1 (19). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/delovaya-igra-kak-metod-aktivnogo-obucheniya-2 (date of access: 01/17/2024).
2. Egshatyan M. I., Titova E. R. Interactive mteaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 01/12/2024).
3. Panina T. S., Vavilova L. N. Interactive learning // Education and science. – 2007. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie (date of access: 01/12/2024).
4. Fozilova M. A. Interactive teaching methods at universities // Economics and society. – 2022. – No. 9 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-v-vuze (date of access: 01/17/2024).
5. Shakirova S. A. Interactive learning // Interactive science. – 2023. – No. 2 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie-3 (date of access: 01/12/2024).
6. Shumskis Yu. G. Approaches to defining the concept of interactive forms of training in the system of secondary vocational education // Bulletin of YuSU. – 2017. – No. 1-1 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/podhody-k-opredeleniyu-ponyatiya-interaktivnyh-form-obucheniya-v-sisteme-srednego-professionalnogo-obrazovaniya (date of access: 01/12/2024).
LAW ENFORCEMENT AGENCIES
POPOVA Anastasiya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Personnel support and personnel management in the internal affairs bodies sub-faculty of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
MIKHAYLOV Nikolay Viktorovich
senior lecturer of Personnel support and personnel management in the internal affairs bodies sub-faculty of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
SAVUSHKIN Vladislav Vladimirovich
Ph.D. in Law, Head of the International Interdepartmental Training Center for Employees of Operational Units named after Lieutenant General of Militia A. N. Sergeev of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
THE ROLE OF FIRE TRAINING FOR THE EFFECTIVE WORK OF EMPLOYEES OF SPECIAL UNITS TO PERFORM TASKS AS PART OF COMBAT GROUPS
The article examines in detail the practical implementation of a complex of tactical and firing exercises, which is one of the most effective ways to train employees of special units to perform tasks as part of combat groups. Attention is drawn to the fact that the complex of tactical and fire exercises represents a fundamental component and reveals elements of models of professional behavior of combat units when performing tasks as part of combat groups, and also has a clear consistent structure, following which employees are able to competently organize the process of tactical and fire training.
Keywords: special units, combat missions, effective work, a set of tactical and firing exercises.
Bibliographic list of articles:
1. Training of employees of special units of the Ministry of Internal Affairs of Russia to perform tactical fire exercises in hostage situations. rec-tions. – Domodedovo Military Industrial Complex of the Ministry of Internal Affairs of Russia, 2013.
2. Methodology for training employees of special units of the Ministry of Internal Affairs of Russia in a set of special preparatory exercises using a pistol. pract. manual – Domodedovo Military Inspectorate of the Ministry of Internal Affairs of Russia, 2022.
OPERATIONAL DETECTIVE ACTIVITY
KHANNANOV Radmil Rafkatovich
Ph.D. in Law, Head of the Faculty of Training Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
ORGANIZATIONS OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES: TO THE PROBLEM OF DEFINING THE CONCEPT
The article discusses the problems associated with the disclosure of the essence of the concept of “organization of operational investigative activities”. The analysis of this definition is carried out in order to improve the professional operational investigative language. In the definitions under consideration, an attempt is made to determine their main features (elements). In the future, the author comes to the conclusion that the organization of operational investigative activities is one of the most complex and diverse systems characterized by the formation of managing and managed subsystems (subject and object of the organization), the creation of organizational relationships capable of ensuring the most effective achievement of goals with minimal costs.
Keywords: operational and investigative activities, organization of operational and investigative activities, special organizational measures, organizational and managerial measures, organizational and tactical measures.
Prystateinyth bibliographic list
1. Grebelsky D.V. Theoretical foundations and organizational and legal problems of operational investigative activities of internal affairs bodies. – M.: Academy of the Ministry of Internal Affairs of the USSR, 1997. – P. 7-9.
2. Doctor A.G. Fundamentals of operational-search activities: general part: textbook. – M., 1966. – P. 15-17.
3. Lukashov V. A. Subject, content and methods of operational-search activity. – M, 1974. – P. 22.
4. Utevsky A. B. Organization and tactics of operational investigative activities of internal affairs bodies in transport and scientific and practical measures to increase its effectiveness: abstract of thesis. dis. … doc. legal Sci. – M., 1986. – P. 21.
5. Markelov M.V., Frolov V.Yu. Basic elements of the organization of operational investigative activities of internal affairs bodies // Current problems of the theory of operational investigative activities: Collection. scientific works – Omsk: Higher School of Police of the Ministry of Internal Affairs of the USSR, 1986. – P. 93-97.
6. Ivanov P. I. Operational investigative science about the private theory of organizing operational investigative activities // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (61) March. – pp. 8-16.
7. Kalinkovich L. N. Legal and organizational foundations of operational-search activities of internal affairs bodies: textbook. allowance – Minsk, 1982. – P. 39.
8. Khomkolov V.P. Organization of management of operational-search activities. M.: Academy of the Ministry of Internal Affairs of Russia, 1999. – P. 26.
9. Atmazhitov V. M. The essence and legal basis of the organization of operational investigative activities of internal affairs bodies. Lecture. – Academy of Management of the Ministry of Internal Affairs of Russia. – 2014.
10. Bogdanov A. A. Essays on organizational science. – M., 1922. – [Electronic resource]. – Access mode: http://www.uic.unn.ru/pustyn/lib/bogdanov.ru.html (access date: 10/23/2010).
11. Savinov A. G. Methodology for analysis and assessment of management activities: lecture – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 1996. – P. 4 @@ Akimova T. A. Theory of organization: textbook. allowance for universities. – M.: UNITY-DANA. 2003. – P. 11.
12. Tokarev E. V. Fundamentals of organizing operational investigative activities of internal affairs bodies and ways to improve it: lecture. – M.: Academy of the Ministry of Internal Affairs of Russia, 1994. – P. 15-16.
13. Tumanov G. A. Organization of management in the sphere of public order protection. – M., 1972. – P. 166.
SAFETY AND LAW
ALEXEEV Yuriy Grigorjevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia, major of police
CURRENT PROBLEMS OF COUNTERING TERRORISM
This article discusses the current problems of law enforcement agencies in the fight against terrorist crime. The relevance of the work lies in the fact that terrorism poses a threat to national and international security, as well as the security of individuals and society, and therefore effective measures are required to counter it. The author of the work at the beginning of the article describes the concept and signs of terrorism, gives examples of scientific classifications of this phenomenon. Further, the author identifies the existing problems and suggests ways to solve them.
Keywords: terrorism, ideology of violence, state security, violence, counteraction, countermeasures, international cooperation.
Bibliographic list of articles
1. On countering terrorism. [Electronic resource]: Federal Law of March 6, 2006 No. 35-FZ. Access from SPS ConsultantPlus.
2. Gainetdinova G. S. Types of modern terrorism // Bulletin of RUK. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vidy-sovremennogo-terrorizma.
SAFETY AND LAW
ARAMISOV Amir Aslanovich
Ph.D. in political sciences, lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
KUSHPOVA Dina Robertovna
Inspector of the Department for Enforcement of Administrative Legislation and Information Processing of the Center for Automated Recording of Administrative Offenses in the Field of Traffic of the State Traffic Safety Inspectorate of the MIA for the Karachay-Cherkess Republic, junior of lieutenant police, student of the Faculty of Professional Training of the training group VYu-09 North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
CURRENT PROBLEMS OF THE SPREAD OF CYBER EXTREMISM AMONG YOUTH
The article examines current problems of the spread of cyber extremism among youngpeople. The active development of information technology, digitalization of virtually all spheres of society, in addition to positive trends, have also provoked the emergence of a number of negative phenomena, in particular the emergence of new types of crime. Thus, such crimes include information extremism (cyber extremism), information terrorism (cyber terrorism). Particular attention is paid to the spread of cyber-extremism among young people, since it is precisely young people who are not characterized by a fully formed worldview, the desire to express protests, express themselves in society and the desire for oppositional actions. In addition, it is young people who are the most active social category that actively uses information resources. The openness and accessibility of the global network allows extremists and extremist organizations to use it as a platform for posting information of an extremist nature and attracting new members to their illegal formations. These processes cannot but cause concern on the part of the state, law enforcement agencies, and society. Due to the fact that this problem is large-scale and its solution requires an integrated approach, the relevance of the problem under study is explained.
Keywords: extremism, cyber extremism, terrorism, ideology, prevention, information security, youth environment, separatism.
Bibliographic list of articles
1. Shanghai Convention on Combating Terrorism, Separatism and Extremism (Shanghai, June 15, 2001). Access from the Garant reference and legal system. [Electronic resource]. – Access mode: https://base.garant.ru/2561763/ (date of access: November 24, 2023).
2. Activities of law enforcement agencies to counter extremism and terrorism: materials of the All-Russian round table (Kazan, November 30, 2017) / Sub. ed. S. N. Mironova. – Kazan: KYI MIA of Russia, 2017. – 160 p.
3. Znamensky V. A., Danshina E. M., Tsapleva V. V. Cyber extremism and cyber terrorism among youth. Causes and prevention // Materials of All-Russia. scientific-practical conf. “No hatred and enmity: prevention of extremist and xenophobic manifestations among youth in the North Caucasus Federal District” / Ed. T. A. Shebzukhova, A. A. Vartumyan. – Pyatigorsk: Publishing House PF NCFU, 2019. – P. 169-173.
4. Innovative technologies for the prevention of extremism / Comp. D. M. Abdrakhmanov. – Ufa: BSPU Publishing House, 2018. – 170 p.
5. Kulikov E. A. Digital extremism: general, special and individual // Extremism and terrorism in cyberspace: threats to peace and security of mankind: collection. Art. based on the results of the III All-Russian. student scientific-practical In-person video conference. / Ed. V. A. Mazurova, M. A. Starodubtseva. – Barnaul: Alt Publishing House. University, 2020. – pp. 11-12.
SAFETY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
KOZHIN Dmitriy Alexandrovich
senior lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
FAYRUSHIN Timur Alikovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE USE OF FIREARMS TO NEUTRALIZE UNMANNED AERIAL VEHICLES ILLEGALLY PRESENT IN THE AIRSPACE
The article analyzes certain aspects of the use of firearms by police officers in order to prevent the illegal presence of unmanned aerial vehicles in the airspace of the Russian Federation. In particular, from a theoretical and practical point of view, the issues of expediency of using firearms for designated purposes, during mass events are considered. Also, special attention is paid to the interpretation of certain provisions of Federal Law No. 3-FZ dated February 7, 2011 “On Police”.
Keywords: UAVs; UAVs; use of firearms; police; airspace of the Russian Federation; unmanned aerial vehicles.
Bibliographic list of articles
1. On the police: Federal Law of February 7, 2011 No. 3-FZ. Access from the reference legal system “ConsultantPlus”.
2. Koblenkov A. Yu. The problem of legal certainty of legislation regulating the procedure and grounds for the use of firearms by police officers, using the example of the latest amendments made to the Federal Law “On Police” (Federal Law No. 404 of December 2, 2019) // Bulletin of the Nizhny Novgorod Law Institute. – 2020. – No. 2. – P. 149-154.
3. Gusev V. A., Pivovarov D. V., Filippov O. Yu. Certain aspects of the use of firearms by the police against unmanned aerial vehicles illegally located in the airspace // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 325-329.
SAFETY AND LAW
BALABKIN Dmitriy Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
GOGOLEVA Valentina Vladimirovna
Ph.D. in pedagogical sciences, associate professor of the Higher School of Law and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
THE ROLE OF LEGAL CULTURE IN THE DEVELOPMENT OF ANTI-CORRUPTION MEASURES: HISTORICAL STAGES AND THEIR MAIN ASPECTS
The article examines the historical aspects of the formation of anti-corruption measures on the territory of Russia, as well as the special role of legal culture in combating corruption at various historical stages of the development of the state. The authors believe that legal culture had a huge impact on the creation and implementation of legal measures to combat corruption, as well as the improvement of these measures in connection with the development of legal culture. It is concluded that in the sphere of legal culture, the criteria for the effectiveness of the formation of a mechanism of legal influence at this stage of development of society should include support for anti-corruption legislative policy from public opinion, moral condemnation of corruption, consideration in a unified context of the principles of anti-corruption ethics and official behavior, implementation of the idea of anti-corruption legal education of youth.
Keywords: corruption, countermeasures, history, development, legal culture.
Bibliographic list of articles
1. Gevorkyan T.V. History of the formation and development of the legal culture of the population // News of OGAU. – 2014. – No. 3. – P. 236-239.
2. Mezhvedilov A.M., Bakulina L.T., Antonov I.O., Talan M.V., Vinogradova Yu.V., Gilfanova A.D., Ed. Minzaripov R. G. Anti-corruption. Tutorial. – Kazan: Kazan Publishing House. University, 2016. – 192 pp.
3. Pashentsev D. A., Dorskaya A. A. Development of legislation on combating corruption in Russia: trends and historical stages // Journal of Russian Law. – 2020. – No. 4. – P. 42-58.
4. Prozumentov L. M. Criminal legal counteraction to corruption in Russia: history and current state // Vestn. Volume. state un-ta. – 2016. – No. 405. – P. 178-183.
5. Suverneva V. A. On the issue of the concept of corruption // Symbol of science. – 2020. – No. 12-2. – pp. 67-70.
SAFETY AND LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
THE USE OF MODERN INFORMATION TECHNOLOGIES TO ASSESS THE EFFECTIVENESS OF THE INTEGRATED SECURITY SYSTEM OF INFORMATIZATION FACILITIES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The paper considers the issues of creating and modernizing an integrated security system for protected informatization facilities of the Penal System of the Russian Federation. In the current conditions of the growth of criminogenic threats and the expansion of the variability of the way they are implemented, such facilities require maintaining a high level of security provided by a high-quality physical protection system. At the same time, in order to obtain quantitative estimates of the facility’s security, it is necessary to develop departmental methods for calculating the effectiveness of an integrated facility security system. The paper proposes an approach to evaluating the effectiveness of a security television system using modern information technologies. Using the example of a model object using 3D technologies, the result of evaluating the effectiveness of a security television system is illustrated. The proposed approach can be applied to other subsystems that form the security system of a departmental informatization facility and provides the opportunity to create high-quality information support when making decisions on the modernization of the system of protection of protected objects.
Keywords: object of informatization, integrated security, security television system, security system, threat model, evaluation of the effectiveness of the physical protection system, penal enforcement system of the Russian Federation.
State Biblegeographical list
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. Rychago M. E., Khorosheva A. V. Analytical methods for assessing the effectiveness of equipment by the ITSON complex of guarded objects of the penal system of the Russian Federation // Bulletin of the penal system. – 2021. – No. 11 (234). – pp. 73-80.
4. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Penal Codes of the Russian Federation: problems and development prospects: Collection of materials from the round table within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – pp. 45-47.
5. Tsarkova E. G. Integral method for assessing the effectiveness of the security system of a protected facility of the penal system // Bulletin of the Federal State Institution NIIIT FSIN of Russia: scientific and practical publication. – Tver: Federal State Institution “Research Institute of Information Technologies of the Federal Penitentiary Service”, 2019. – P. 99-105.
EDAGOGY AND LAW
BODKO Sergey Petrovich
associate professor of Physical training and sports sub-faculty of the Academy of Law and Management of the FPS of Russia
VOROBYOV Dmitriy Nikolaevich
lecturer of Physical training sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
GOYNOV Ivan Vladimirovich
associate professor of Fire and physical training sub-faculty of the Perm Institute of the FPS of Russia
KASUMOVA Zulfiya Geybetovna
lecturer of Physical, fire and tactical-special training sub-faculty of the St. Petersburg University of the FPS of Russia
SADKOV Alexey Viktorovich
associate professor, Deputy Head of Physical training sub-faculty of the Vologda Institute of Law and Economics of the FPS of Russia
FEATURES OF PHYSICAL TRAINING OF CADETS OF EDUCATIONAL ORGANIZATIONS OF THE FPS OF RUSSIA FOR THE WINTER SERVICE DOUBLES COMPETITION
The article reflects the features of training cadets included in the sports improvement group for official combined events for competitions in conditions of combining the training process with the performance of official duties. In this article, the authors make an attempt to reveal the basic principles of training that contribute to the development of physical fitness of athletes. The main results of the study include recommendations for organizing the training process of combined athletes.
Keywords: service biathlon, athlete, cadet, competition, physical training, psychological characteristics, training, coach.
Bibliographic list of articles
1. Zverev A.V., Kolochikhin K.S., Sedov D.A. Features of training cadets of educational organizations of the Federal Penitentiary Service of Russia for competitions in winter service biathlon // Scientific notes of the University. P. F. Lesgaft. – 2023. – No. 10 (224). – pp. 140-143.
2. Elokhov I.V. Features of the preparation of first-year cadets for competitions in winter service combined events / I.V. Elokhov // Science Week dedicated to the 220th anniversary of the formation of the Ministry of Justice of the Russian Federation, Perm, February 08-11, 2022. – Perm: Perm Institute of the Federal Penitentiary Service, 2022. – P. 203-205.
3. Kirillova TV -October 04, 2019 / Compiled by N. A. Sannikov. – Perm: Perm Institute of the Federal Penitentiary Service, 2019. – pp. 73-80.
4. Sveshnikova V. O., Nesterov A. Yu. Analysis of the influence of microcycles on the body of athletes in the pre-competition period in winter service biathlon // Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies: collection of articles of the XXI All-Russian Scientific and Practical conference, Irkutsk, September 26–27, 2019. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 362-365.
5. Kholimon A. A. Study of the structure and content of year-round training of qualified athletes in winter service biathlon // Bulletin of sports science. – 2013. – No. 6. – P. 69-72.
EDAGOGY AND LAW
GADZHIEV Ismail Alimovich
lecturer of Physical and fire training sub-faculty of the Kuzbass Institute of the FPS of Russia, Novokuznetsk, major of the internal service
BUDAKOV Amil Namigovich
lecturer of Physical, fire and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia, senior lieutenant of the internal service
SHKAPOV Pavel Yurjevich
associate professor of Physical training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
DEPENDENCE OF INTELLECTUAL ACTIVITY ON PSYCHOPHYSICAL LOADS
In this article the question of interrelation of human intellectual activity with psychophysical activity is considered. On the example of the ongoing research of physical activity of cadets it is possible to draw a conclusion about various methods to increase human efficiency in the performance of official duties. The characteristics of the most common physical exercises that allow a person to reduce the level of psycho-emotional tension are given.
Keywords: physical activity, mental (intellectual) activity, motor activity, mental load, physical exercise, intellectual efficiency.
Bibliographic list of articles
1. Korukovets A.P., Kutergin N.B., Shevchenko A.S. The influence of physical exercises on the mental activity of students // Collection of materials of the XI International correspondence scientific and practical conference dedicated to the 75th anniversary of the Great Victory. – 2019. – T. 1. – P. 385–392.
2. Popova A. D., Lukyanova L. M. The influence of physical activity on the human nervous system // Science-2020. – 2021. – No. 8 (53). – pp. 131–136.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
PSYCHOLOGICAL AND PEDAGOGICAL ASPECTS OF WORK WITH JUVENILE CONVICTS HELD IN EDUCATIONAL COLONIES
In this article, the author examines the main provisions that designate the socio-educational environment of the educational colony as a factor in the formation of moral values of juvenile convicts. The author considered the model of the socio-educational environment of the educational colony and also drew attention to the importance and problematic nature of this area of work of the correctional institution administration. The findings of the study indicate future directions for research on this topic.
Keywords: crime, juvenile, social and educational environment, personality, morality.
Bibliographic list of articles
1. “Criminal Executive Code of the Russian Federation” dated 01/08/1997 No. 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 12/11/2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12940/
2. Litvishkov V. M. Social and educational environment of educational colonies as a factor in the formation of moral values of juvenile convicts // Psychology and pedagogy: actual problems of theory and practice. – 2019. – P. 186-190 @@ Mukhina T.K. Causes and factors of family dysfunction // Responsible editor. – 2020. – P. 43.
3. Vilkova A.V., Bykov A.V. Formation of spiritual and moral values of juvenile convicts in the educational space of an educational colony // Global scientific potential. – 2018. – No. 10. – pp. 12-13.
4. Nosilova L. M. Aspects of the formation of spiritual and moral values among juvenile convicts in educational activities // Technology and safety of objects of the penal system: collection of materials of the International Scientific and Practical Conference, Voronezh, October 03–04, 2013. – Voronezh: Publishing and Printing Center “Scientific Book”, 2013. – P. 569-570.
5. Vilkova A.V., Timofeeva E.A. Factors and conditions that complicate the formation of spiritual and moral values of female juvenile prisoners: (analytical review). – Moscow-Samara: Samara Law Institute of the Federal Penitentiary Service, 2018. – 24 p.
EDAGOGY AND LAW
KUSTOVA Nadezhda Konstantinovna
Ph.D. in Law, senior lecturer of Tactical-special and firearms training sub-faculty of the Kazan Law Institute of the MIA of Russia
TARASENKO Denis Vladimirovich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE IMPLEMENTATION OF THE COMPETENCY-BASED APPROACH TO TRAINING STUDENTS IN PROFESSIONAL TRAINING PROGRAMS
This article discusses the professional competence that a student should develop as a result of mastering a professional training program for the position of an employee “Policeman”, according to which a graduate of the Faculty of Professional Training must guard law and order, protect the rights and freedoms of man and citizen from malicious attacks. Authors come to the conclusion that the final result of professional training must be considered the formation of the basis of such personal qualities of a future professional as initiative, innovation, mobility, dynamism, flexibility, constructiveness – all, of course, in a combination of social and professional components, reflecting the specifics of the profession “Policeman”.
Keywords: police, professional training, professional competence, interdepartmental interaction, profession “Policeman”.
Bibliographic list of articles
1. Dushkin A. S. On individual issues of implementing the competency-based approach in the training of police officers in the system of the Ministry of Internal Affairs of Russia / Collections of conferences of the Scientific Research Center Sociosphere. – Vol. 9. – 2013. – P. 236.
EDAGOGY AND LAW
LIPANIN Evgeniy Alexandrovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
GUSHCHIN Dmitriy Nikolaevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
CHETVERIKOVA Alexandra Ivanovna
senior lecturer of Administrative activities of the police of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
TROFIMOV Vladimir Anatoljevich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia, captain of police
INTERACTIVE METHODS OF FORMING THE COMMUNICATIVE COMPETENCE OF FUTURE POLICE OFFICERS
This article discusses the methods of formation of communication skills among cadets and trainees of the Ministry of Internal Affairs of Russia. The authors note that one of the main widely used for the development of effective communication skills is a group of debateable teaching methods. The discussion not only allows you to acquire new knowledge, but also motivates you to search activity, replenishes your vocabulary, filling it with professional terminology. The authors emphasize the importance of developing communication skills in a conflict situation, while for these purposes it is proposed to use business and role-playing games in the learning process. The authors propose various variations of conflict situations that can be played out in practical classes. In conclusion, the authors note the importance of the formation and development of communication skills among future police officers, and also come to the conclusion that the success of the future specialist’s professional activity depends on communicative competence.
Keywords: communication, communicative competence, learning methods, interactive teaching methods, police officer, skills development, communication.
Bibliographic list of articles
1. Karachaev A. R., Shogenov Z. A. Communicative competence of a police officer in identifying and investigating crimes // Journal of Applied Research. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnaya-kompetentnost-sotrudnika-politsii-pri-vyyavlenii-i-rassledovanii-prestupleniy (date of access: 01/10/2024).
2. Kardanov A. R., Khalmetov T. A. The importance of communicative and negotiation competence of a police officer in the investigation of crimes // Problems of modern pedagogical education. – 2022. – No. 74-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachenie-kommunikativno-peregovornoy-kompetentnosti-sotrudnika-politsii-pri-rassledovanii-prestupleniy (date of access: 01/10/2024).
3. Koblov F. Ch. On the issue of developing the professionalism of employees of internal affairs bodies // Eurasian Legal Journal. – 2018. – No. 10 (125). – pp. 363-364.
4. Kovtun N. A. Communicative competence in the system of law enforcement as a sociocultural factor // Activities of law enforcement agencies in modern conditions: collection of materials of the XXIII International Scientific and Practical Conference. In 2 volumes. – 2018. – pp. 288-292.
5. Sergienko A. S. On the issue of developing conflict competence of employees of internal affairs bodies // Current problems in the fight against crime: issues of theory and practice: materials of the XXIII Internationalnative scientific and practical conference. In 2 parts / Executive editor D. V. Kim. – 2020. – pp. 43-46.
6. Chovdyrova G. S., Klimenko T. S. Methods of group development of communicative competence among cadets – future police officers // Psychopedagogy in law enforcement agencies. – 2015. – No. 1 (60). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metody-gruppovogo-razvitiya-kommunikativnoy-kompetentnosti-u-kursantov-buduschih-sotrudnikov-politsii (date of access: 01/10/2024).
EDAGOGY AND LAW
SUDAKOVA Olga Vasiljevna
Ph.D. in Law, associate professor, associate professor of Personnel management sub-faculty of the Samara State Transport University
LEGAL NATURE OF THE PROCESS OF EDUCATION AND UPBRINGING
The article attempts to establish the place of educational activities in state regulation. The relationship between the concepts of education and upbringing and their interdependence is established. The variety of approaches to defining the essence of education is shown. The legal aspect of the educational and educational policy of the Russian state is studied.
Keywords: education, upbringing, state regulation of education and upbringing, legal nature of the educational process, educational service, social good.
Bibliographic list of articles
1. Zhevlakovich S.S. Education is a service? // Psychology and pedagogy of service activities. – 2022. – No. 1.
2. Moiseeva E. D., Sudakova O. V. Legal nature of the educational process // Science and culture of Russia. – 2023. – T. 1. – P. 218-220. – EDN GCFRNO.
3. Vorontsova N. L. Education as a service // Current problems of Russian law. – 2020. – T. 15. No. 4. – P. 56-62. — DOI: 10.17803/1994-1471.2020.113.4.056-062/
4. Potapenko V. S. Educational activities and educational services: correlation of concepts // Journal of Russian Law. – 2009. – No. 3. – P. 139-150.
5. Akulich M. M. Continuous education in the context of the labor market and the market of educational services // Education throughout life: continuous education in the interests of sustainable development. – 2014. – No. 2.
6. Mayburov I. A. Correlation of the concept of “education” and “educational services” // Law and Education. – 2003. – No. 5. – P. 34.
7. Federal Law No. 273-FZ dated December 29, 2012 (as amended on December 25, 2023) “On Education in the Russian Federation” (as amended and supplemented, entered into force on January 1, 2024).
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
SOCIAL FACTORS INFLUENCING THE FORMATION OF CRIMINAL BEHAVIOR OF A MINOR
This article examines the problem of criminal behavior of minors in Russia. The study concerns several important social institutions that relate to family, education, and peer relationships. Attempts have been made to identify the causes of juvenile delinquency, as well as to propose measures to reduce its level. In general, the content of the article draws attention to the main problems that the Institute of family and education in Russia has.
Keywords: minor, crime, family, school, education, law.
Bibliographic list of articles
1. Batyscheva I.V. Main criminogenic factors influencing the activity of crime among minors // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – pp. 88-93.
2. Bondarenko I. O., Rusinova E. V. Main social causes of juvenile crimes // Alley of Science. – 2020. – T. 2. – No. 12. – P. 80-84.
3. Chubarova A. V. The influence of the social environment on the formation of juvenile delinquency // Bulletin of Science and Practice. – 2021. – T. 7. – No. 3. – P. 287-292.
4. Tsarkova E. G. On the issue of using modern information technologies in the work on preventing crime among minors // Problems of preventing crime among minors and youth: materials of the All-Russian Scientific and Practical Conference, St. Petersburg, May 26, 2023. – St. Petersburg: Printing Shop, 2023. – P. 79-81.
5. Kizimirov D. A. Analysis of the causes of juvenile delinquency in the Russian Federation // International Journal of Humanities and Natural Sciences. – 2020. – No. 7-2. – pp. 158-160.
6. Zorina N. S. About some causes of bullying among teenagers // Current problems of administrative and administrative procedural law (Sorokin Readings): a collection of articles based on materials from international scientific-practical conference dedicated to the memory of Doctor of Law, Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation Yuri Efremovich Avrutin in connection with the 75th anniversary of his birth, St. Petersburg, March 25, 2022 / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 885-887.
EDAGOGY AND LAW
SUKHORUKOV Vladimir Anatoljevich
Ph.D. in pedagogical sciences, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
PETRENKO Dmitriy Andreevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Physical training and sports sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
LOGINOV Sergey Nikolaevich
senior lecturer of Physical and fire training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
EDUCATIONAL MOBILITY AS A SOCIAL ELEVATOR IN MODERN SOCIETY IN THE CONTEXT OF GLOBALIZATION
Educational mobility has attracted a lot of attention from researchers because of its growing popularity and importance. The article considers not only the importance of educational migration for personal growth, but also in the interests of the state and society. Educational capital is analyzed as a tool to increase influence and maximize benefits. The article attempts to provide a comparative overview of the accessibility and attractiveness of higher education in various countries. The connection and interdependence of interregional and international migration with educational mobility is taken into account. The problem of measuring the level and quality of such communication and interdependence is raised.
Keywords: educational mobility, social mobility, level of education, social connections, career paths, internal migration, investments in education.
Bibliographic list of articles
1. Ministry of Education, PRC. Statistics on Chinese students studying overseas 2019. [Electronic resource]. – Access mode: http://en.moe.gov.cn/news/press_releases/202012/t20201224_507474.html.
2. Gokhberg L. M., Kuzmicheva L. B., Ozerova O. K. et al. Education in numbers: 2022: a brief statistical collection / Nat. research University “Higher School of Economics”. – M.: National Research University Higher School of Economics, 2022. – 132 p.
3. Federal State Statistics Service (Rosstat). Number and migration of the population of the Russian Federation. [Electronic resource]. – Access mode: https://rosstat.gov.ru/compendium/document/13283.
4. Voitov A.V. Studying at a university as the beginning of a career path in the political space of modern Russia // In the collection: Problems of modern agricultural education: content, technology, quality. Materials of the international scientific and methodological conference. – 2018. – pp. 151-156.
5. Alexander K., Bozick R., Entwisle D. Warming up, cooling out, or holding steady? Persistence and change in educational expectations after high school // Sociology of Education. – 2008. – No. 81 (4). – R. 371-396.
6. Haller A. O. Reflections on the social psychology of status attainment. In: Hauser R. M., Mechanic D., Haller A. O. (eds) Social Structure and Behavior: Essays in Honor of William Hamilton Sewell. – London: Elsevier, 1982. – R. 3-28.
7. Morgan S. L., Leenman T. S., Todd J. L., et al. Occupational plans, beliefs about educational requirements, and patterns of college entry // Sociology of Education. – 2013. – No. 86 (3). – R. 197-217.
8. Zimmermann T. Social influence or rational choice? Two models and their contribution to explaining class differentials in student educational aspirations // European Sociological Review. – 2020. – No. 36 (1). – R. 65-81.
9. Voitov A.V. Mikhailov S.N. Personal and group values in the consumer society: a sociological view // Economic and humanitarian studies of regions. – 2022. – No. 5. – P. 76-80.
Psychology and Law
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
ZHUKOVA Anastasiya Igorevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
SHARAFUTDINOV Ilshat Sabitovich
lecturer of the Cycle of Cynology of the Ufa Schoolfor the Training of Dog Handlers of the MIA of Russia, major of police
PROBLEMS OF PROFESSIONAL AND PSYCHOLOGICAL TRAINING OF POLICE OFFICERS TO WORK IN SPECIAL CONDITIONS
This article analyzes the term “special conditions”, at the same time, the authors consider factors characteristic of service in extreme conditions, such as: novelty, suddenness, lack of time, high and long loads, uncertainty and risk. Taking into account the presented factors allows us to formulate the main directions of work on providing psychological support to persons serving in special conditions, to determine the goals, objectives and forms of training police officers to perform tasks in special conditions.
Keywords: police officers, skills development, special conditions, readiness development, readiness components.
Bibliographic list of articles:
1. Vankov A.V. Issues of organizing police activities in special conditions // Agrarian and land law. – 2023. – No. 5 (221). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-organizatsii-deyatelnosti-politsii-v-osobyh-usloviyah (access date: 01/18/2024).
2. Knyazhev V.B., Maidykov A.F., Egorov K.A. On some features of training employees of internal affairs bodies to perform operational and official tasks as part of the VOGOiP of the Ministry of Internal Affairs of Russia // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (49). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-osobennostyah-podgotovki-sotrudnikov-organov-vnutrennih-del-k-vypolneniyu-operativno-sluzhebnyh-zadach-v-sostave-vogoip-mvd ( date of access: 01/18/2024).
3. Marzhokhov A. R. Psychological training of law enforcement officers for actions in extreme conditions // Advances in modern natural science. – 2004. – No. 7. – P. 112-113. [Electronic resource]. – Access mode: https://natural-sciences.ru/ru/article/view?id=12993 (date of access: 01/10/2024).
4. Tarchokov B. A. Current issues of training police officers for activities in special conditions // Education and Law. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-podgotovki-sotrudnikov-ovd-k-deyatelnosti-v-osobyh-usloviyah (date of access: 01/10/2024).
5. Fomin V.V. The influence of extreme situations on the psyche and actions of law enforcement officers // Criminal executive law. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-ekstremalnyh-situatsiy-na-psihiku-i-deystviya-sotrudnikov-pravoohranitelnyh-organov (date of access: 01/18/2024).
Psychology and Law
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
MANSUROVA Zilya Rakhimlanovna
Ph.D. in medical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
TROFIMOV Vladimir Anatoljevich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia, captain of police
THE ROLE OF PSYCHOLOGICAL TRAINING IN THE EFFECTIVE PERFORMANCE OF OFFICIAL TASKS BY POLICE OFFICERS
This article examines the importance of psychological training of police officers, in particular, in the context of stressful situations and difficult decision-making. The authors highlight the importance of psychological stability of police officers necessary for the successful performance of official duties, as well as highlight the main areas of psychological training of police officers, such as: the development of communication skills, self-regulation; the development of professionally significant personal qualities such as attentiveness, observation, critical thinking, etc.; formation of knowledge about the construction of a psychological portrait of a personality, the basics of profiling; formation of knowledge about techniques and ways to establish effective psychological contact.
Keywords: psychological training, police officer, development of qualities, stress, work of a psychologist.
Bibliographic list of articles
1. Balashova V. A., Kravtsov O. G., Pozin A. I. Emotional burnout as a condition for changing the individual psychological characteristics of police officers // Psychology and pedagogy of serviceoh activity. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/emotsionalnoe-vygoranie-kak-uslovie-izmeneniya-individualno-psihologicheskih-osobennostey-sotrudnikov-politsii (date of access: 01/25/2024).
2. Didenko E. Ya., Temur G. M. Special psychological training as a condition for optimizing the influence of stress on the effectiveness of performing official tasks by a law enforcement officer // Bulletin of OSU. – 2019. – No. 2 (220). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsialnaya-psihologicheskaya-podgotovka-kak-uslovie-optimizatsii-vliyaniya-stressa-na-effektivnost-vypolneniya-sluzhebnyh-zadach (access date: 01/22/2024).
3. Zhukov V. G. Legal nihilism and legal idealism as the most relevant and expressing increased social danger forms of deformation of the legal consciousness of employees of internal affairs bodies // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (39). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoy-nigilizm-i-pravovoy-idealizm-kak-naibolee-aktualnye-i-vyrazhayuschie-povyshennuyu-obschestvennuyu-opasnost-formy-deformatsii (date of access: 25.01 .2024).
4. Kopylova G.K. Psychological training of criminal investigation officers in universities of the Ministry of Internal Affairs of Russia // Baltic legal forum “Law and order in the third millennium”. – 2014. – pp. 142-144.
5. Korneeva Ya. A., Simonova N. N. Professional personal deformation of employees of internal affairs bodies // Organizational psychology. – 2020. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-lichnostnaya-deformatsiya-sotrudnikov-organov-vnutrennih-del (date of access: 01/22/2024).
6. Korsun K. I., Zadorina M. A. Prevention of professional deformation of employees of internal affairs bodies: psychological, pedagogical and organizational and legal aspects // Police activity. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-professionalnoy-deformatsii-sotrudnikov-organov-vnutrennih-del-psihologo-pedagogicheskiy-i-organizatsionno-pravovoy (date of access: 01/22/2024).
7. Mashekuasheva M. Kh., Kochesokova Z. Kh. Current issues of psychological training of employees of internal affairs bodies // Gaps in Russian legislation. – 2018. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-psihologicheskoy-podgotovki-sotrudnikov-organov-vnutrennih-del (date of access: 01/22/2024).
POLICY AND LAW
ALIEV Khibi Kurbanovich
Ph.D. in Law, associate professor of Criminal process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia).
V. V. PUTIN IS THE GUARANTOR OF THE STABLE AND PROGRESSIVE DEVELOPMENT OF MODERN RUSSIAN STATEHOOD
The article shows the role of Russian President V.V. Putin as a guarantor of stability and progressive development of Russian society and the state at the present stage. An excursion is made into the historical past of our country, when individual leaders played a key role in the development of the Russian state. The author of the article substantiates the correctness and necessity of the political course pursued by the national leader of the Russian Federation in the conditions of modern foreign political realities and the current economic conditions.
Keywords: V. V. Putin, Russia, geopolitics, statehood, stability, world order.
POLICY AND LAW
GAVRILOV Denis Evgenjevich
student of the Far Eastern Federal University, Vladivostok
MAZALYUK Mariya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DYMA Ivan Sergeevich
student of the Far Eastern Federal University, Vladivostok
VINOKUROVA Sofya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
COLOR REVOLUTIONS: SCENARIOS AND CONSEQUENCES
This article presents a comprehensive analysis of color revolutions as a phenomenon of contemporary political life. It examines them
key characteristics, including the prerequisites for their occurrence, mechanisms of mobilization, features of information dissemination, and the impact of the international context. special attention is given to the role of incidents capable of activating mass movements and the participation of youth groups as the main driver of protests. The study of economic and social conditions that contribute to preparing the ground for revolutionary shifts is supported by the analysis of specific historical examples, allowing an understanding of the mechanisms of formation and development of color revolutions in different countries.
Keywords: color revolutions, political instability, youth movements, information technology, mass protests, democratization, social
conflict, international relations.
Bibliographic list of articles
1. Vinogradova E. A. Information wars in Latin America // Trends and management. – 2014. – No. 4. – P. 372-384.
2. Kurilkin A.V. Evolutionary development of psychological struggle: from propaganda to psychological operations // International relations. – 2014. – No. 3. – P. 472-474.
3. Petrenko A.I. Theoretical foundations of organizing counteraction to the use of an arsenal of forces, means and methods of information-psychological warfare for political purposes // Trends and management. – 2014. – No. 2. – P. 154-167.
4. Karpovich O. G. Color revolutions as a tool for systemic destabilization of political regimes: threats and challenges for Russia // National Security / nota bene. – 2015. – No. 1. – pp. 73-87.
5. McFaul M. Ukraine Imports Democracy: External Influences on the Orange Revolution // International Security. – 2007. – Vol. 32. No. 2. – R. 45-83.
POLICY AND LAW
PIVOVAROVA Irina Valerjevna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the State Agrarian University of the Northern Trans-Urals
ALL-RUSSIAN IDENTITY AS SOCIO-CULTURAL LAW RURAL RESIDENTS
The article raises an urgent problem of modern reality – the problem of forming the all-Russian identity of the rural population and identifying problems in its formation. For this purpose, an online survey was conducted, which revealed that among rural youth, the all-Russian civic identity is not sufficiently formed, lower than among urban youth living in most Russian regions. At the same time, it was recorded that among young people the role of traditional values, primarily family and close friends, remains.
Keywords: identification, civic identity, rural community, interethnic relations, interfaith relations
Bibliographic list of articles
1. Decree of the President of the Russian Federation “On the Strategy of the State National Policy of the Russian Federation for the period until 2025.” [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902387360 (date of access: 01/28/2024)
2. Khairullina N. G. All-Russian civil identity: results of a survey of Tyumen youth / In the book: Intercultural and interreligious dialogue in Russian regions. – Tyumen, 2022. – pp. 174-186.
3. Khairullina N. G. All-Russian civil identity: results of a survey of Tyumen youth / In the collection: Problems of forming a single space for economic and social development of the CIS countries (CIS-2021). Materials of the annual International scientific and practical conference. In 2 volumes. Rep. editors O. M. Barbakov, Yu. A. Zobnin. – Tyumen, 2022. – P. 409-414.
STATE AND LAW
BUTAKOVA Nadezhda Alexandrovna
Ph.D. in Law, Head of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical sciences, Dean of the Faculty of Natural Sciences and Humanities Education of the St. Petersburg State Maritime Technical University
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, associate professor of State and international law sub-faculty of the St. Petersburg Maritime Technical University
FORMATION AND DEVELOPMENT OF THE CONCEPTUAL AND LEGAL FOUNDATIONS OF THE STATE POLICY OF THE RUSSIAN FEDERATION IN THE ARCTIC REGION
Today, the Arctic is becoming the most important strategic region of the planet, the resource potential of which in the coming years may make this territory a zone of potential collision of geopolitical and geo-economic interests of Arctic and non-Arctic countries. The Russian strategy for the development of the Arctic region presupposes the formation of a stable security system while maintaining a dialogue between international actors interested in maintaining a balance of interests in the region.
Keywords: Arctic region, security system, Arctic Council, Arctic countries, subarctic countries
Bibliographic list of articles
1. Butakova N. A., Dovbush T. N., Evgrafova I. V. International legal and economic aspects of the development of the Arctic. Power. 2023. T. 31. No. 3. P. 224-232.
2. Bhagwat D.V., Khalturinskaya V.A. The evolution of Russian state policy developmenttiya NSR (2018-2022): the influence of geopolitical and geo-economic factors // Arctic and North. 2023. No. 51. pp. 116-155. DOI: 10.37482/issn2221-2698.2023.51.116
3. Grinyaev S.N., Zhuravel V.P. Issues of integrated security in the Fundamentals of Russian state policy in the Arctic zone until 2035: previous experience and prospects for implementation // Arctic and North. 2020. No. 39. pp. 52-74. DOI: 10.37482/issn2221-2698.2020.39.52
4. Zhuravlev P. S. Strategy for the development of the Arctic: choosing priorities. Arctic strategy of Russia: assessments, questions, problems / Zhuravlev P. S. Bulletin of the Northern (Arctic) Federal University. Series: Humanities and Social Sciences. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/arkticheskaya-strategiya-rossii-otsenki-voprosy-iproblemy-realizatsii (date of access: 10/25/2023)
5. Zaikov K. S., Kondratov N. A., Lipina S. A., Bocharova L. K. Organizational mechanisms for implementing Russia’s policy in the Arctic in the 21st century. // Arctic and North. 2020. No. 39. pp. 75-109. DOI: 10.37482/issn2221-2698.2020.39.75
6. Zaikov K. S., Kondratov N. A., Kudryashova E. V., Lipina S. A., Chistobaev A. I. Scenarios for the development of the Arctic region (2020-2035) // Arctic and North. 2019. No. 35. P. 5-24. D0I: 10.17238/issn2221-2698.2019.35.5
7. Zalyvsky N.P. Geopolitics of Russia’s national interests in the Arctic in conditions of economic recession in the Arctic countries // Bulletin of the Northern (Arctic) Federal University. Series: humanities and social sciences (VAK). 2013. pp. 88-96. [Electronic resource]. – Access mode: cyberleninka.ru (date of access: 10/29/2023)
8. Kramnik I. The new expansion of NATO makes the Arctic a more dangerous region // Nezavisimaya Gazeta. 06.11.2023. [Electronic resource]. – Access mode: Nezavisimaya Gazeta (ng.ru)
9. Krutikov A.V., Smirnova O.O., Bocharova L.K. Strategy for the development of the Russian Arctic. Results and prospects // Arctic and North. 2020. No. 40. pp. 254-269. DOI: 10.37482/issn2221-2698.2020.40.254
10. Poval L. M. Russian-Norwegian agreements on the division of Arctic spaces // Arctic and North. 2012. No. 6. [Electronic resource]. – Access mode: http://narfu.ru/university/library/books/2698.pdf (access date: 10/28/23)
11. Shtyrov V.N. The draft law on the development of the Arctic zone of the Russian Federation needs to be finalized. [Electronic resource]. – Access mode: council.gov.ru (date of access: 10.29.2023)
STATE AND LAW
KULIKOVA Yuliya Albertovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Faculty of Law of the Moscow State University of Psychology and Social Sciences
ON THE ISSUE OF CHANGING THE TERMS OF PRESIDENTIAL TENURE IN THE REPUBLIC OF TAJIKISTAN
The article considers the issue of changing the terms of the presidential office on the example of the Republic of Tajikistan, from 1990 to the present day, the impact of this process on the political structure of the state and the development of democratic principles. Having analyzed the constitutional provisions, the grounds for early termination of the powers of the current president are listed, the absence of one of them is noted, leading to instability and unpredictability of such an institution of power as the institution of the presidency.
Keywords: institute of the Presidency, term of office, Republic of Tajikistan, Constitution, grounds for early termination of powers, system of public authorities, election, constitutional amendments.
Bibliographic list of articles
1. Yusufzoda A. Kh. Fundamentals of constitutional law of the Republic of Tajikistan: textbook. – Dushanbe: “ER-graf”, 2017. – 60 p.
2. Ivanov I.P., Petrenko S.Yu. The role of the institution of the presidency and political parties in the countries of Central Asia // Science without borders. – 2018. – No. 8 (25). – pp. 33-38.
1. Yusufzoda A. H. Fundamentals of constitutional law of the Republic of Tajikistan: textbook. – Dushanbe: “ER-graf”, 2017. – 60 p.
2. Ivanov I. P., Petrenko S. Yu. The role of the Institute of the presidency and political parties in the countries of Central Asia // Science without Borders. – 2018. – No. 8 (25). – R. 33-38.
STATE AND LAW
SHESTAKOV Zakhar Dmitrievich
student of the Far Eastern Federal University, Vladivostok
YASKOV Konstantin Semyonovich
student of the Far Eastern Federal University, Vladivostok
LITVINCHUK Polina Anatoljevna
student of the Far Eastern Federal University, Vladivostok
GLUSHICH Anastasiya Alexeevna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF SOCIAL POLICY: CHALLENGES OF THE 21ST CENTURY AND NEW DIRECTIONS OF DEVELOPMENT
This article explores thedevelopment of the welfare state in Europe at the beginning of the 21st century. The author examines the
challenges faced by European Union member states considering demographic changes, globalization, migration flows, and economic crises. special attention is given to the need for social policy transformations in response to the growing needs of the population and changes in the labor market. The paper presents statistical data supporting current trends and proposes suggestions for adapting social systems to new realities.
Keywords: welfare state, demographic changes, globalization, migration processes, social policy, economic crisis, labor market,
social reforms.
Bibliographic list of articles
1. Taylor-Gooby P. The Politics of Welfare in Europe. – London: Sage Publications, 2001.
2. Bose R. Welfare States in Perspective. In: Welfare States and the Future, edited by B. Vivekanandan, N. Kurian. – New York: Palgrave Macmillan, 2005.
3. Aristov E.V. Social state in the USA. – M., 2015.
4. Aristov E.V. Legal paradigm of the sociality of the state. – M., 2016.
5. Segura-Ubiergo A. Political Economy of the Welfare State in Latin America: Globalization, Democracy and Development. – Cambridge: Cambridge University Press, 2007.
6. Ferragina E., Seeleib-Kaiser M. Welfare Regime Debate: Past, Present, Futures? // Policy & Politics. – 2011. – Vol. 39. No. 4. – R. 583-611.
ECONOMY. RIGHT. SOCIETY
AFANASJEVA Elena Evgenjevna
Ph.D. in economical sciences, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
KHACHATRYAN Olesya Alexandrovna
Ph.D. in economical sciences, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
FINANCING OF ASSISTANCE PROGRAMS EMPLOYMENT: NEW APPROACHES
The promotion of employment of the population is the prerogative and basis of the social policy of the state, since employment ensures the well-being of a citizen, his standard of living and professional self-realization, and, consequently, forms the basis for the economic and social stability of society. As a rule, measures to maintain a high level of employment are carried out within the framework of permanent government programs, the effectiveness of which depends on adequate financial support for the envisaged set of measures in this area.
Keywords: state program, program financing, labor market, employment, federal budget.
Bibliographic list of articles
1. Barabashina D. O. State employment policy in the Russian Federation // Electronic scientific journal. – 2016. – No. 7. – P. 283-286.
2. Belov E. A. Informal employment of the population in the social and philosophical dimension // Intellect. Innovation. Investments. – 2020. – No. 6. – P. 111-119.
3. State program of the Russian Federation “Promoting employment of the population.” Electronic resource. – Access mode: https://base.garant.ru/402851274/ (date of access: 01/10/2024).
4. Efimov O. N., Rogova L. G. State employment policy and features of its implementation in Russia // Labor Economics. – 2016. – T. 3. No. 3. – P. 247-260.
5. Loktyukhina N.V., Feoktistova O.A. Improving organizational and financial models for promoting employment in Russia // Financial Journal. – 2022. – T. 14. No. 4. – P.29-45.
6. Mukhina I. I., Sidyashkina E. N. Employment and unemployment: crisis and new opportunities // Social and labor studies. – 2020. – No. 3. – P. 56-67.
7. Report on the progress of implementation and assessment of the effectiveness of the state program of the Russian Federation “Promoting employment of the population” for 2018-2022. Electronic resource. – Access mode: https://mintrud.gov.ru/ministry/programms/3/1 (date of access: 01/10/2024).
8. Pavlovskaya O. Yu. Legal support of personnel records management: training manual. – M.: Yurayt, 2019. – 213 p.
9. Decree of the Government of the Russian Federation of March 29, 2021 No. 481 “On amendments to the state program of the Russian Federation “Promoting employment of the population.” Electronic resource. – Access mode: https://www.garant.ru/products/ipo/prime/doc/400444024/ (date of access: 01/10/2024).
10. Decree of the Government of the Russian Federation dated April 15, 2014 No. 298 “On approval of the state program of the Russian Federation “Promoting employment of the population” (as amended on September 22, 2023). Electronic resource. – Access mode: https://base.garant.ru/70643476/ (date of access: 01/10/2024).
11. Decree of the Government of the Russian Federation of March 28, 2019 No. 348 “On amendments to the state program of the Russian Federation “Promotion of employment of the population””. Electronic resource. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_321978/ (date of access: 01/10/2024).
12. Government DecreeTV of the Russian Federation dated December 22, 2020 No. 2209 “On introducing amendments to the state program of the Russian Federation “Promoting Employment of the Population” and invalidating certain provisions of the Decree of the Government of the Russian Federation dated November 30, 2019 No. 1558.” Electronic resource. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_372144/ (date of access: 01/10/2024).
ECONOMY. RIGHT. SOCIETY
VASILJEVA Yuliya Pavlovna
Ph.D. in economical sciences, associate professor of Economic and strategy development sub-faculty of the Ufa State Petroleum Technical University
KOLESNIKOV Maxim Vyacheslavovich
student of the 2nd course of the Ufa State Petroleum Technical University
THE CURRENT STATE OF INNOVATIVE DEVELOPMENT IN RUSSIA
The article examines the dynamics of the main indicators of innovative development, describes the measures of state support for innovative enterprises, as well as the peculiarities of the functioning of the innovation and technology market in Russia. The main part of the work includes the study of the goals set by the government of the Russian Federation and the tools, the implementation of which is already underway. Moreover, the characterization of state support measures identifies the degree of impact on both the innovation industry as a whole and individual aspects of the technology market.
Keywords: innovation, innovative development, state support.
Bibliographic list of articles
1. Issue of the series “Science, Technology and Innovation”: Global Innovation Index – 2023. – [Electronic resource]. – Access mode: https://www.wipo.int/edocs/pubdocs/en/wipo-pub-2000-2023/ru.pdf (access date: 11/14/2023).
2. Vasilyeva Yu. P. Competitiveness and economic growth in the context of globalization // Dissertation for the degree of candidate of economic sciences. – Ufa, 2007. – 135 p.
3. Ministry of Economic Development of the Russian Federation. – [Electronic resource]. – Access mode: https://www.economy.gov.ru / (access date: 09.09.2023).
4. Website of the Federal State Statistics Service – [Electronic resource]. – Access mode: https://rosstat.gov.ru/
5. Decree of the President of the Russian Federation “On declaring a decade of science and technology in the Russian Federation” dated April 25, 2022 No. 231.
6. Federal Law “On Amendments to the Federal Law “On Science and State Scientific and Technical Policy” dated June 28, 2022 No. 195-FZ.
ECONOMY. RIGHT. SOCIETY
VOLOV Murat Anatoljevich
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the Kh. Berbekov Kabardino-Balkarian State University
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of Scientific research and innovation sub-faculty of the Kh. Berbekov Kabardino-Balkarian State University
NEPEEVA Khalimat Yusupovna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the Kh. Berbekov Kabardino-Balkarian State University
SHKAKHOVA Fazilya Abdulakhovna
lecturer of the Kh. Berbekov Kabardino-Balkarian State University
ELECTRONIC PAYMENT SYSTEMS AS A FACTOR IN THE DEVELOPMENT OF THE DIGITAL ECONOMY IN THE RUSSIAN FEDERATION
The development of the digital economy in the Russian Federation has its own characteristics and difficulties. The efficiency of the digital economy is determined by a number of factors, both internal and external. This study examines the impact of electronic payment systems on the development of the digital economy. Electronic payment systems in Russia have been operating relatively recently compared to European countries. Electronic payment systems are in high demand as they allow many operations to be performed in a convenient format for users. Thus, making online payments is an increasingly preferred procedure for citizens. Many people use electronic payment systems to pay for utilities and goods when making purchases online. However, the functioning of electronic payment systems has its own difficulties, which are primarily related to ensuring information security. The functioning of the digital economy as a whole is impossible without the use of electronic money. However, the most important condition for operation is to ensure a high level of information protection, namely users’ personal data. It is important to intensify work on the development of domestic payment systems and systems to ensure their security. The high level of development of electronic payment systems contributes to the development of the digital economy in Russia as a whole. It should also be noted that the development of the digital economy and, in particular, electronic payment systems determine the success of Russia’s participation in global economic processes.
Keywords: electronic money, digital economy, electronic payment systems, information security, information security, electronic wallet, terminals, payments.
Bibliographic list of articles
1. Bondarovich E. P. Ensuring the reliability of the payment ecosystem of the Russian Federation. dissertation … candidate of economic sciences: 08.00.10. – Moscow, 2020. – P. 11
2. Gurkova D. O. Current state and prospects for the development of electronic payment systems in Russia // Young scientist. — 2020. — No. 28 (318). — pp. 241-246.
3. Nekhaychuk D.V., Nekhaychuk Yu.S., Budnik S.A. On the issue of introducing electronic means of payments and electronic money as modern innovative banking technologies // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 3-2. – pp. 122-128;
4. Khomenko E. G. Electronic payment systems in Russia and foreign countries // Current problems of Russian law. Comparative Law. – 2019. – No. 8 (105). – P. 160.
5. Chekanov V. S., Egorova M. Yu. Electronic payment systems in modern Russia // Scientific Review. Economic Sciences. – 2020. – No. 2. – P. 27-32.
ECONOMY. RIGHT. SOCIETY
MALYSHKIN Nikolay Gennadjevich
Ph.D. in economical sciences, associate professor of Project management sub-faculty of the State University of Management
NOVAKOVA Sofya Yurjevna
Ph.D. in economical sciences, associate professor, doctoral student, I. S. Turgenev Oryol State University
DEVELOPMENT OF INDUSTRIAL PRODUCTION IN THE REGIONS OF THE CENTRAL FEDERAL DISTRICT
In the article, the authors analyzed the indicators of the dynamics of industrial production in the Russian Federation and the Central Federal District (CFD). The degree of variation in the indicators of the share of gross value added (GVA) of industrial production in the sectoral structure of GVA and the share of people employed in industry in the total number of people employed among the regions of the Central Federal District has been established; the relationship between these indicators has been verified.
Keywords: industrial production, gross value added of industry, the sectoral structure of industrial production.
Bibliographic list of articles
1. Federal Law of December 31, 2014 No. 488-FZ “On Industrial Policy in the Russian Federation”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_173119/4f41fe599ce341751e4e34dc50a4b676674c1416/ (date of access: 01/30/2024).
2. Industrial production in Russia. 2023.Stat. Sat. / Rosstat. – M., 2023. – 259 p. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/Prom_proiz-vo_2023.pdf (date of access: 01/30/2024).
3. Regions of Russia. Socio-economic indicators. 2023: Stat. Sat. / Rosstat. – M., 2023. – 1126 p. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/Region_Pokaz_2023.pdf (date of access: 01/30/2024).
4. Eliseeva I. I., Yuzbashev M. M. General theory of statistics / Ed. I. I. Eliseeva. – M.: Finance and Statistics, 1995. – 366 p.
ECONOMY. RIGHT. SOCIETY
MAKHMUDOVA Khanipat Muratovna
magister student of the 2nd course of the OZO of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF AVOIDING DOUBLE TAXATION IN RUSSIA
The article identifies the problems of legal regulation of tax jurisdictions and examines the suspension of international agreements on the avoidance of double taxation, announced unilaterally. The consequences of the actions of “unfriendly” countries when building a system of tax jurisdictions in the Russian Federation have been identified. How can these actions affect domestic businesses that operate in foreign branches. The response measures of the Government of the Russian Federation to these sanctions, the consequences of retaliatory actions for foreign businesses operating in the territory of the Russian Federation are also indicated.
Keywords: tax jurisdiction, tax benefits, residents and non-residents, avoidance of double taxation, international agreements.
Bibliographic list of articles
1. CashLegal Code of the Russian Federation (part two) dated 08/05/2000 No. 117-FZ (as amended on 03/18/2023) (as amended and supplemented, entered into force on 04/01/2023) // Access from reference legal information “ConsultantPlus”.
2. Order of the Ministry of Finance of Russia dated June 5, 2023 No. 86n “On approval of the List of states and territories that provide preferential tax treatment and (or) do not provide for the disclosure and provision of information when conducting financial transactions (offshore zones)” // Access from references .-legal information “ConsultantPlus”.
3. Decree of the President of the Russian Federation dated 08.08.2023 No. 585 “On the suspension by the Russian Federation of certain provisions of international treaties of the Russian Federation on taxation issues” // Access from reference. -legal information “ConsultantPlus”.
4. Zonova A.V., Goryachikh S.P., Pechenkin K.A. Taxation of individual entrepreneurs taking into account tax innovations of 2022 // EGI. 2022.No.39 (1). pp. 173-177.
5. Khavanova I.A. Tax jurisdiction: the limits of the possible and deferred risks // Journal of Russian Law. 2017. No. 12 (252). pp. 81-91.
6. How the abolition of tax agreements with the West will affect business [Electronic resource]. — Access mode: https://www.rbc.ru/economics/16/03/2023/ (access date: 03/27/2023).
ECONOMY. RIGHT. SOCIETY
POLSHAKOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor of the N. V. Parakhin Orel State Agrarian University
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor of the N. V. Parakhin Orel State Agrarian University
NOVAKOVA Sofya Yurjevna
Ph.D. in economical sciences, associate professor of the I. S. Turgenev Oryol State University
INDUSTRY 4.0: SYSTEM DIGITAL TRANSFORMATION OF AGRICULTURAL ENTERPRISES
In this article, the authors pay special attention to the state of the innovative potential of the Russian agro-industrial complex, assessing its compliance with the tasks of increasing global competitiveness in the conditions of a new technological structure. In their work, the authors analyze the digital maturity of the agricultural sector, their digital and innovative activity and identify the key barriers to its implementation, as well as business expectations regarding government support for innovation.
Keywords: digitalization of the agro-industrial complex, information technology, digital maturity, process innovation, state support.
Bibliographic list of articles
1. Akhmetov V. Ya., Galikeev R. N. Prospects for the socio-economic development of rural territories in the context of digitalization of the economy // Bulletin of Eurasian Science. 2019. No. 6. [Electronic resource]. – Access mode: https://esj.today/PDF/03ECVN 619.pdf (access date: 11/15/2023)
2. Digitalization of agriculture / Eurasian Economic Commission. 2016. (review of the digital agenda in the world). Vol. 3. [Electronic resource]. – Access mode: http://www.eurasiancommission.org/ru/act/dmi/workgroup/Documents/digest/3%20Special issue_Digitalization%20of agriculture%20%20.pdf (date of access: 11/15/2023)
3. Department of digital development and management of state information resources of the agro-industrial complex of the Ministry of Agriculture of the Russian Federation. [Electronic resource]. – Access mode: https://cctmcx.ru/upload/medialibrary/0f3/0f3e94a2348bb7122977c138e069ece1.pdf (access date: 11/16/2023)
4. Russian statistical yearbook 2021: stat. Sat. / Rosstat. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/Ejegodnik_2021.pdf (access date: 11/17/2023).
5. Dobrovlyanin V.D., Antineskul E.A. Digitalization of agriculture: the current level of digitalization in the Russian Federation and prospects for further development // Management of economic systems. 2022. T. 1. No. 2. T. 1.
6. Zaitsev A. G., Takmakova E. V. Statistical analysis of the development of the information society in the regions of the Russian Federation // Statistics in the digital economy: training and use. Materials of the international scientific and practical conference. SPb., 2018. pp. 50-52.
7. Shenderyuk O., Chemashkin F., Vetoshkin S., Mogilyuk V. Digitalization of the Russian agro-industrial complex: problems and proposed solutions. [Electronic resource]. – Access mode: https://yakov.partners/publications/digitalizing-russia-s-agricultural-sector-challenges-and-solutions/?ysclid=lr4xjq4e6b473344953 https://yakov.partners/publications/digitalizing-russia-s- agricultural-sector-challenges-and-solutions/?ysclid=lr4xjq4e6b473344953
8. Science, innovation and technology. [Electronic resource]. – Access mode: https://rosstat.gov.ru/statistics/science (access date: 11/17/2023).
9. Orlova N.V., Serova E.V., Nikolaev D.V. Innovative development of the agro-industrial complex in Russia. Agriculture 4: report to the XXI April international scientific conference on agricultureProblems of economic and social development / Ed. N.V. Orlova. M.: Publishing House of the Higher School of Economics, 2020. 128 p. [Electronic resource]. – Access mode: https://www.hse.ru/data/2020/06/01/1604078726/Innovative_development_of_agribusiness_in_Russia-site.pdf?ysclid=lr4xlmitw177914125 (date of access: 11/17/2023).
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service”
ON THE ISSUE OF THE IMPACT OF PUBLIC-PRIVATE PARTNERSHIP MECHANISMS ON THE INSTITUTIONAL DEVELOPMENT OF THE COUNTRY
Many countries actively use public-private partnership mechanisms to develop public infrastructure and solve important government tasks. Public-private partnership means a long-term pooling of the resources of public and private partners with a coordinated division of risks, responsibilities and results between them. The article is devoted to the institution of public-private partnership as one of the forms of cooperation between the state and the private sector in order to solve important socio-economic problems, the influence of public-private partnership mechanisms on the institutional development of the country is shown.
Keywords: mechanism, economy, institutional development, cooperation, private sector, public-private partnership.
Bibliographic list of articles
1. K. Shi, J. Zhu, and K. Li, “Cooperative evolutionary game and applications in construction supplier trend,” vol. 2018, Article ID 8401813, 13 pages, 2018
2. X. Zheng, Y. Le, APC Chan, Y. Hu and Y. Li, “A review of the application of social network analysis (SNA) in construction project management research,” International Journal of Project Management. – 2016. – T. 34. – No. 7. – P. 1214–1225.
3. G. Wu, S. Zhao, J. Zuo, and G. Zillante, “The Impact of Team Diversity on Project Performance in Construction Projects,” Engineering, Construction and Architecture Management, vol. – 2019. – Volume 26. – No. 3. – P. 408–423.
4. Bednyakov A. S. Public-private partnership as a model for the development of public infrastructure // Bulletin of MGIMO University. – 2022. – T. 15. – No. 1. – P. 143-176.
5. Radchenko E. P., Vdovina A. N. Attracting extra-budgetary investments as a way to ensure economic security of public-private partnership projects // Man: crime and punishment. – 2022. – T. 30. – No. 2. – P. 206-215.
6. Radchenko E. P., Vdovina A. N. On the issue of legislative gaps in the implementation of public-private partnership mechanisms in the penal system of the Russian Federation // Bulletin of the public research laboratory “Interaction of the penal system with civil society institutions” : historical-legal and theoretical-methodological aspects”. – 2022. – No. 26. – P. 34-38.
7. Lisitsa V. N. Legal nature of the agreement on public-private partnership // Legal science and practice. – 2016. – T. 12. – No. 2. – P. 80-89.
8. Kozin M. N., Radchenko E. P. Application of public-private partnership mechanisms in law enforcement and ensuring national security of the state: potential effects and problems // Competitiveness in the global world: economics, science, technology. – 2023. – No. 5. – P. 286-289.
ECONOMY. RIGHT. SOCIETY
KUTDUSOVA Anastasiya Valerjevna
student of the Far Eastern Federal University, Vladivostok
DVORYANINOVA Sofya Antonovna
student of the Far Eastern Federal University, Vladivostok
NIKITIN Kirsan Anatoljevich
student of the Far Eastern Federal University, Vladivostok
OVCHINNIKOVA Anna Anatoljevna
student of the Far Eastern Federal University, Vladivostok
INVESTMENT BREAKTHROUGH: STRATEGIES AND INNOVATIONS FOR GROWTH IN MODERN RUSSIA
This article conducts a thorough analysis of investment activities in the territory of the Russian Federation. It explores the main
aspects and principles of capital investment, both at the level of individual investors and at the level of corporations and government
structures. The paper pays attention to both the theoretical foundations of investing and the practical aspects of this activity. Various forms and methods of investment activities are analyzed, as well as the most important factors affecting the efficiency of investments. The article also presents different viewpoints on the categories of collective investors actively functioning in Russia’s financial market. special attention is given to the legislative framework regulating investment activity in the country, along with an analysis of key legislative acts in this area. The article will be useful for specialists in the fields of economics and finance, as well as for students studying this topic.
Keywords: investment activity, Russian Federation, financial market, investing, legislation, economics, finance, investment funds, entrepreneurship, investment strategies.
Bibliographic list of articles
1. Inshakova A. O. Legal adaptation under the influence of the industrial revolution on entrepreneurial activity and key components of the ecosystem // Legal paradigm. – 2021. – T. 20. No. 1. – P. 6-13.
2. Inshakova A. O. The influence of modern geo-economics and the concept of sustainable development on the transformation of the national jurisdiction of Russia // Legal paradigm. – 2022. – T. 21. No. 3. – P. 6-10.
3. Inshakova A. O. Turnover of objects of civil rights of a property nature: basic concepts, types, trends in legislative development // Legal paradigm. – 2020. – T. 19. No. 1. – P. 6-15.
4. Inshakova A. O. A century-long search for a model of economic development in Russia: economic and legal development of a competitive state // Legal paradigm. – 2019. – T. 18. No. 4. – P. 184-187.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 90, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of December 9, 1999 “On some issues of application of the Federal Law “On Limited Liability Companies” // “Bulletin of the Supreme Arbitration Court of the Russian Federation”. – 2000. – No. 2.
6. Federal Law of December 2, 1990 No. 395–1 “On Banks and Banking Activities” // “Collection of Legislation of the Russian Federation”. – 02/05/1996. – No. 6. – Art. 492.
7. Law of the Russian Federation of November 27, 1992 No. 4015–1 “On the organization of insurance business in the Russian Federation” // “Rossiyskaya Gazeta”. – No. 6. – 01/12/1993.
8. Federal Law of November 29, 2001 No. 156-FZ “On Investment Funds” // “Collection of Legislation of the Russian Federation”. – 03.12.2001. – No. 49. – Art. 4562.
9. Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)” // “Collection of Legislation of the Russian Federation”. – 07/15/2002. – No. 28. – Art. 2790.
ECONOMY. RIGHT. SOCIETY
SOROKINA Mariya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
BOYKO Elena Konstantinovna
student of the Far Eastern Federal University, Vladivostok
RADCHENKO Darya Alexeevna
student of the Far Eastern Federal University, Vladivostok
GERASIMOV Sergey Dmitrievich
student of the Far Eastern Federal University, Vladivostok
INVESTMENT PROCESSES IN AGRICULTURE
This article conducts an in-depth analysis of investment activity in the agricultural sector, emphasizing the importance of investing in the primary resources used in production. Various aspects of the investment process are considered, including investments in physical and human capital, as well as in the areas of sustainable development and digitization of the agricultural industry. Authors focus on the importance of adapting to global trends, the need to improve the quality of education and training, and the role of government support and stimulation of innovative activities in agriculture.
Keywords: investment in agriculture, physical capital, human capital, sustainable development, digitization of the agricultural sector, education and training, government support, innovative activities.
Bibliographic list of articles
1. Mikhailova L. V., Nigmatzyanova D. R. Management of diversification processes in the agro-industrial complex based on the development of small agribusiness // Vector of Economics. – 2018. – No. 10 (28). – P. 108.
2. Parfenova K. A. Ensuring effective management of investments of agricultural organizations // Agriculture and food security: technologies, innovations, markets, personnel: Materials of the III International Scientific and Practical Conference dedicated to the 60th anniversary of the Institute of Economics of Kazan State Agrarian University, Kazan, 26- May 28, 2021 – Kazan: Kazan State Agrarian University, 2021. – pp. 179-183.
3. Shmyreva I. A. The role of state regulation and investment in the development of agriculture // Economics and society. – 2014. – No. 2-4 (11). – pp. 1259-1263.
4. Ostaev G. Ya., ClYchova G. S., Zlobina O. O. Investment planning in the business of growing plants without soil // Economics and management of land management and land use in the region: Materials of the III National Scientific and Practical Conference, Izhevsk, March 10, 2021 – Izhevsk: Izhevsk State Agricultural Academy, 2021. – pp. 178–185.
5. Mikhailova L. V. General procedure for analyzing business projects for small forms of management // Sustainable development of agriculture in the context of global risks: Proceedings of the scientific and practical conference, Kazan, December 7, 2016 – Kazan: Kazan State Agrarian University, 2016 – pp. 442-446.
ECONOMY. RIGHT. SOCIETY
SHILDT Liliya Abulaisovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
TOKAR Yuliya Vitaljevna
magister student in the direction “Economics of renewable energy sources” of the Ufa State Petroleum Technical University
SIRAEV Ruslan Ayratovich
magister student in the direction “Economics of renewable energy sources” of the Ufa State Petroleum Technical University
ASSESSMENT OF THE IMPACT OF EMISSIONS OF POLLUTANTS INTO THE ATMOSPHERE
The relevance of the study lies in the fact that at the moment all international, domestic and regional markets are experiencing the influence of negative technogenic factors and the consequences due to them. The environmental agenda has become one of the leading ones in all spheres of industry and human activity. The impact of pollution directly affects all biological, economic and sociological systems.
Keywords:economics, renewable energy sources, pollution, air emissions, impact of pollution, green economy.
Bibliographic list of articles
1. Baiduganova K.V., Schildt L.A. Ecological entrepreneurship as a factor in the development of a green economy // In the collection: Problems and trends in the development of an innovative economy: international experience and Russian practice. Materials of the X International Scientific and Practical Conference. – 2023. – pp. 133-137.
2. Khismatullina Yu. A., Shangareeva V. O., Shildt L. A. Practical aspects of natural gas pricing in the Volga Federal District in the period 2020-2022 // In the collection: Current directions of scientific research in the field of economics, finance and accounting: from theory to practice. – 2022. – P. 197.
3. Shildt L. A., Gareeva N. B. Features of classical project management and flexible methodologies in project management // Eurasian Legal Journal. – 2022. – No. 3 (166). – pp. 488-490.
4. Bykov A. A., Schastlivtsev E. L., Pushkin S. G., Smirnova O. V. Modeling of soil pollution by atmospheric emissions from industrial facilities in a coal-mining region. // Polzunovsky Bulletin. – 2006. – No. 2.
5. Federal Law of May 4, 1999 No. 96 Federal Law “On the Protection of Atmospheric Air”.
6. Air pollution is one of the main threats to people and the planet. [Electronic resource]. – Access mode: https://news.un.org/ru/story/2021/09/1409462 (access date: 01/20/2024).
7. Atmospheric air pollution by the automobile and road complex: [Electronic resource]. – Access mode: https://alfabuild.spbstu.ru/userfiles/files/AlfaBuild/AlfaBuild_2017_1/8_1.pdf (date of access: 01/20/2024).
8. WHO global recommendations on air quality. World Health Organization 2021. [Electronic resource]. – Access mode: https://iris.who.int/bitstream/handle/10665/345334/9789240035409-rus.pdf (access date: 01/20/2024).
9. Air pollution (outdoor air). [Electronic resource]. – Access mode: https://www.who.int/ru/news-room/fact-sheets/detail/ambient-(outdoor)-air-quality-and-health (access date: 01/20/2024).
ECONOMY. RIGHT. SOCIETY
SHOROKHOV Konstantin Dmitrievich
student of the Far Eastern Federal university, Vladivostok
OMELCHUK Nikita Sergeevich
student of the Far Eastern Federal university, Vladivostok
MATVEEV Maxim Alexeevich
student of the Far Eastern Federal university, Vladivostok
SIDORENKO Margarita Alexandrovna
student of the Far Eastern Federal university, Vladivostok
MONOPOLIES IN THE MODERN ECONOMY: A MULTIDIMENSIONAL ANALYTICAL REVIEW
This analytical review examines the phenomenon of monopolies within the context of the modern economy, their main characteristics, and potential consequences for the market. The article presents facts and research related to the impact of monopoly structures on innovation development, social inequality, and the allocative efficiency of resources. special attention is given to antitrust regulation, examples from global practice, and the need for a balance between competition and regulation to ensure sustainable economic growth. The review emphasizes the importance of a deep understanding of the role of monopolies in the economy for the formulation of effective policies aimed at stimulating competition and protecting consumer interests.
Keywords: monopoly, economic impact, antitrust regulation, social inequality, allocative efficiency, innovative development, competitive economy, market dominance, consumer welfare, global economic practice.
Bibliographic list of articles
1. Natural monopolies in Russia in 2022. [Electronic resource]. – Access mode: https://goscontract.info/shkola-goszakupok/kakova-rolmonopoliy-v-sfere-zakupok.
2. Maksimova V. M. Microeconomics: textbook, 8th edition, revised and expanded. – M.: Synergy University, 2020. – 468 p.
3. Kochetkov A. A. Economic theory: textbook. – 7th ed., revised. and additional – Moscow: Dashkov and K, 2021. – 696 p. – ISBN 978-5-394-04499-1. – Text: electronic // Lan: electronic library system. [Electronic resource]. – Access mode: https://e.lanbook.com/book/230102.
4. Pike K., Spengler T. Regulation of natural monopolies: theory and practice. – M.: Infra-M, 2022. – 416 p.
5. Smith A. Research on the nature and causes of the wealth of nations. – M.: Eksmo, 2023. – 1056 p.
ECONOMY. RIGHT. SOCIETY
LI Linlin
senior lecturer, Heihei University
THE DEVELOPMENT OF CROSS-BORDER TOURISM BETWEEN CHINA AND RUSSIA IN THE POST-EPIDEMIC ERA
In the context of “Great Changes unprecedented in a century”, the economic center and political structure imperceptibly changed, anti-globalization phenomena often arose, especially the outbreak of the coronavirus epidemic, which made us better realize the importance of regional integration and cooperation within the framework of the Belt and Road initiative. During the “14th five-year plan”, the construction of the “One Belt, One Road” is superimposed on a new dual-cycle development scheme, the important role of cross-border tourism is becoming more and more noticeable, and its status in foreign economic, social and cultural exchanges is constantly increasing. This article analyzes the opportunities and problems faced by Chinese-Russian cross-border tourism after the epidemic, and suggests directions for the development of Chinese-Russian cross-border tourism in the future.
Keywords: China and Russia; cross-border tourism; post-epidemic era.
Bibliographic list of articles
1. Niu Yuyu, Wu Danting, Zhou Li. Review and prospects of Chinese-Russian cooperation in the field of tourism [J] // Economic studies of North-East Asia. – 2020. – No. 10. – From 78-93.
2. Sun Shihan. A study of Chinese-Russian cross-border tourism cooperation in the context of high-quality joint construction of the Belt and Road [D]. Master’s thesis from Harbin Normal University. – 2023:26.
3. Wu Xinzhang, Huang Huazhi. Motives, problems and countermeasures for the construction of cross-border tourism cooperation zones in China [J] // Northern Economics and Trade. – 2021. – No. 7. – P. 154-156.
4. Chu Dongmei. SWOT analysis of cross-border tourism development in Heilongjiang Province[J]. // Chinese border studies. – 2022. – No. 1. –S. 73-74.
5. Zhao Xin. Study of the strategy for creating a Chinese-Russian cross-border tourism cooperation zone in the city of Heihe [J] // Journal of Changchun Normal University. – 2019. – No. 12. – P. 93-97.
ECONOMY. RIGHT. SOCIETY
HE Zhendong
lecturer, Heihe University
NING Yanhong
researcher Heihe University
LI Honghong
lecturer, Heihe University
TERRITORIAL JURISDICTION IN CIVIL CASES INVOLVING FOREIGN STATES: COMPARATIVE CHARACTERISTICS OF CHINESE AND RUSSIAN LEGISLATION
From the point of view of jurisdiction in civil proceedings related to foreign states, in general, the current legislative provisions of both China and Russia are similar to the German branch of civil procedure law – in terms of using territory as a criterion for establishing jurisdiction. The legal systems of civil jurisdiction related to foreign States in China and Russia are somewhat similar: both provide for common territorial jurisdiction, special jurisdiction, exclusive jurisdiction and jurisdiction by agreement. This article analyzes the legislation on the territorial jurisdiction of civil cases related to foreign countries in China and Russia. This articleis published as part of the project of key topics of the study of economic and social development of Heilongjiang Province in 2023 on the topic: “Research on the mechanism of legal protection of the rights and interests of Chinese migrants living in Russia within the framework of the One Belt and One Road initiative.” Project number: 23366.
Keywords: China, Russia, civil proceedings, territorial jurisdiction, comparative characteristics.
Bibliographic list of articles
1. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended on December 25, 2023) // Collection of Legislation of the Russian Federation. – 2002. – No. 30. – Art. 3012.
2. Civil procedural code of the Russian Federation dated November 14, 2002 No. 138-FZ (as amended on December 25, 2023) // Collection of legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
3. Xu Dongren. Trends in the development of international private law [M]. Beijing: Peking University Press, 2005. – 301 p.
4. Khan D.P. International private law [M]. Second edition. Beijing: Higher Education Publishing House, 2007. – 36 p.
PHILOSOPHY. RIGHT. SOCIETY
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
LUKYANOV Gennadiy Ivanovich
Ph.D. in philosophical sciences, associate professor, professor of Economics and management sub-faculty of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University, Volzhsky
THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE INTO THE SOCIOCULTURAL PRACTICES OF DIGITAL SOCIETY: CONSEQUENCES AND RISKS OF THE DEVELOPMENT OF INDUSTRY 4.0
The work examines sociocultural practices that are subject to physical change due to the introduction of digital technologies into operations within the framework of the Fourth Industrial Revolution and the emergence of Industry 4.0. The society where Industry 4.0 is developing can be represented as a digital society, where sociocultural practices are affected by such interrelated phenomena as the functioning of cyber-physical systems, the use of cloud computing and the use of the Internet of things. The risky potential of using artificial intelligence lies, for example, in the fact that, having powerful computing and data processing capabilities, it can become a tool for manipulating information and influencing public opinion. The complexity of issues such as the automation of healthcare decisions or the use of artificial intelligence in litigation requires the development of clear ethical standards to ensure its balanced and responsible implementation into the sociocultural practices of the digital society.
Keywords: digital society, sociocultural practices, Industry 4.0, Fourth Industrial Revolution, digitalization, sociocultural risks, artificial intelligence.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Baklanova O. A., Osadchiy A. A. Features of sociocultural risks in the conditions of digitalization of sociocultural practices // Eurasian Legal Journal. – 2023. – No. 12. – P. 535-536.
3. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 214-217.
4. Gubanov N. N., Gubanov N. I., Cheremnykh L. G. Risk Society // Humanitarian Bulletin. – 2022. – No. 4 (96). – P. 3.
5. Gubanova M. A. Transformation of a person in a global network society // Bulletin of the Armavir State Pedagogical University. – 2020. – No. 4. – P. 103-109.
6. Eremenko M. M., Bogatyrev S. A., Baklanov I. S. Features and risks of using artificial intelligence technologies in the media space of modern society // Eurasian Legal Journal. – 2023. – No. 12. – P. 362-363.
7. Inozemtsev V. A., Ivlev V. Yu., Inozemtseva Yu. V. The influence of informatization and the development of information and communication technologies on the formation of a new social reality // Humanitarian Bulletin. – 2020. – No. 4 (84). – P. 2.
8. Urunov A. A., Rodina I. B. The influence of artificial intelligence and Internet technologies on the national labor market // Fundamental Research. – 2018. – No. 1. – P. 138-142.
9. Belikova I. P., Ivashova V. A., Baklanova O. A., Lazareva N. V., Semenova L. Factor model of expert opinions on risks assessment for territorial development // XIV International Scientific Conference “INTERAGROMASH 2021″. V. 1. Lecture Notes in Networks and Systems. – 2022. – R. 861-869.
10. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, Social And Psychological Factors of the Conservative Consumer Towards Legal Cannabis Use-A Review since 2013 // Sustainability. – 2022. – V. 14. – No. 17. – R. 10993.
11. Vinokursky D. L., Mezentseva O. S., Samoylov Ph. V., Ganshin K. Y., Baklanova O. A. Model Predictive Control for Path Planning of UAV Group // IOP Conference Series: Materials Science and Engineering. III International Scientific Conference. – Krasnoyarsk, 2021. – P. 12092.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
“YOUNG SQUID SCHOOL” AS AN INVESTMENT IN THE FUTURE OF RUSSIA
How to learn to maintain the sustainable development of family, community, territory, country? What provides long term survival of communities? Neomalthusianism, degrowth, prosperity without growth, the achievement of the limits of a market economy (exhaustion of the possibilities of division labor, an unacceptable escalation of risks, an increase in uncertainty, computational difficulties in the design of the future) are the discussed negative trends. As for the positive trends, it is worth highlighting the promotion of topics of the economy joint, cooperation, the social state, and the construction of horizontal ties. The article is devoted to the value of network coordination in the management of limited resources.
Keywords: neoconomics, management of the commons, tragedy of the commons, reasonable consumption, financial literacy, economic education, androgogy.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. The red flag of victory of the “Russian Spring 2.0” // In the collection: The Motherland to which they swore allegiance…. All-Russian materials. conf. with intl. participation dedicated to the 100th anniversary of the formation of the USSR. – Nizhny Novgorod, 2022. – pp. 171-177.
2. Goffman A. A., Timoshchuk A. S. Human rights and the limits of growth // Eurasian Legal Journal. – 2023. –No. 3 (178). – pp. 483-484.
3. Montyan T. N. School of young squid. [Electronic resource]. – Access mode: https://t.me/s/youngsquids.
4. Ostrom E. General management. Evolution of institutions of collective action / trans. from English T. N. Montyan. – Kyiv, 2013. – 400 p.
5. Soto E. The mystery of capital. Why capitalism triumphs in the West and fails throughout the rest of the world. – M.: Olimp-Business, 2004. – 272 p.
6. Timoshchuk A. S. Russian cosmism: industrial breakthrough and technological limits // Bulletin of the Tver State Technical University. Series: Social Sciences and Humanities. – 2019. – No. 1 (16). -WITH. 19-26.
7. Timoshchuk A. S. Limits to growth and current problems of global sustainability // Current problems of the humanities and socio-economic sciences. – 2020. – No. 2 (73). -WITH. 148-158.
8. Timoshchuk A. S. The limit of the capacity of the environment and the KhMSP methodology // In the collection: Current problems and prospects for the development of the scientific school of Chrono-discrete monogeographic comparative law. –NN: National Research University RANEPA, 2021. – pp. 52-62.
9. Timoshchuk A. S. Generations of rights and the limits of civilizational growth // Social relations. – 2023. – No. 1 (44). – pp. 105-121.
10. Hardin G. The Tragedy of the Commons // Science. – 1968. – Vol 162. – Issue 3859. – P. 1243-1248.
11. Kallis G., Paulson S., D’Alisa G., Demaria F. The case for degrowth. – Polity Press, 2020. – 140 p.
PHILOSOPHY. RIGHT. SOCIETY
IGNATOVA Yuliya Evgenjevna
lecturer of Theory and history of state and law sub-faculty of the Volzhsky Institute of Economics, Pedagogy and Law, Volzhsky
SOCIAL TRUST AS A REDUCTION OF SOCIALITY, A RESOURCE FOR THE DEVELOPMENT OF SOCIAL INSTITUTIONS AND A WAY TO ACHIEVE SOCIAL SAFENESS
The article examines the phenomenon of social trust, which has a significant impact on the dynamics of modern society. Methodologically, the author relies on the ideas and conceptual provisions of N. Luhmann, F. Fukuyama and E. Giddens. Luhmann proposed to consider social trust as a manifestation of sociality. Fukuyama explored it as a resource for effective social development. Giddens analyzed trust as a socio-psychological attitude of social consciousness, trust as the basis of family ties and trust as a psychological phenomenon. Exploring institutional and regulatory systems, the author shows that in modern societies the regulatory system of law has the highest level of trust. Vice versa, in those societies where modern institutions are unstable, trust in the law and its norms is questioned. Obviously, the higher the level of trust in the rules of law, the more effectively they work, which means the higher the level of social security in society.
Keywords: social trust, society, norms, religion, law, legitimation, social institutions, safety.
Bibliographic list of articles
1. Baklanov I. S., Bichakhchyan M. K., Baklanova O. A Social determination of the dynamics of legal consciousness: modern Russian experience // Humanitarian, socio-economic and social sciences. – 2015. – No. 8. – P. 23-26.
2. Baklanov I. S., Kopchenko I. E., Kramchaninova N. V. Internal foundations of the autonomy of political consciousness // Bulletin of the Armavir State Pedagogical University. – 2023. – No. 4. – P. 126-133.
3. Baklanova O. A Comparativist analysis of historical types of sociality // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2011. – No. 3. – P. 219-223.
4. Baklanova O. A., Dushina T. V. Sociality as a subject of sociocultural analysis // Sociodynamics. – 2017. – No. 6. – P. 52-58.
5. Burkin D. O. The problem of normative determination of the processes of legitimation of power in Russia // Kant. – 2020. – No. 4 (37). – pp. 236-240.
6. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. – 2022. – No. 4 (45). – pp. 112-115.
7. Giddens E. Consequences of Modernity. – M.: Praxis, 2011. – 352 pp.
8. Derkachev G.I., Baklanov I.S. Problems and sources of legitimation of power in modern Russia // Social and humanitarian knowledge. – 2009. – No. 9. – P. 139-144.
9. Dushina T.V., Baranov S.T., Baklanov I.S. Philosophy of knowledge of postmodernism. – Stavropol, 2007. – 129 S.
10. Ignatova Yu. E., Lukyanov G. I. The phenomenon of social trust as the basis for the development of legal consciousness in modern Russian society // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 501-502.
11. Ignatova Yu. E., Lukyanov G. I. Social trust as a factor in the functioning of value-normative systems in Russian society // Eurasian Legal Journal. – 2023. – No. 5 (180). – pp. 507-508.
12. Fukuyama F. Trust. Social virtues and the path to prosperity. – M.: AST, Ermak, 2004. – 730 p.
13. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – P. 41-47.
14. Luhmann N. Trust and Power/Two works by N. Luhmann; With introd. by Poggi G. Chichester etc.: Wiley, 1979. – 228 p.
PHILOSOPHY. RIGHT. SOCIETY
KALININA Viktoria Olegovna
competitor, scientific direction 5.7.4 Ethics. Lecturer of Philosophy and social communications sub-faculty of the Penza State University
THE PHILOSOPHICAL PERSPECTIVE OF THE ENVIRONMENTAL POLICY OF THE UNITED STATES OF AMERICA AND THE RUSSIAN FEDERATION
The article provides a methodological basis for a philosophical analysis of the environmental policy of the United States of America and the Russian Federation. This research is based on information on the main methods of environmental policy management in these countries, the structure of the state apparatus, which is responsible for the implementation and control over the implementation of laws protecting the environment.
The purpose of this article is to highlight environmental issues in our constantly changing modern world and to determine the best policy in Russia and the United States for the preservation and development of the ecological potential of nature.
In conclusion, some estimates are given, which are based on the results of a comparative analysis of environmental policy of the United States and the Russian Federation.
Keywords: environmental policy of the USA and the Russian Federation, ecology, ethics.
Bibliographic list of articles
1. Zotenko E. A., Morozova N. M. Assessing the effectiveness of US environmental policy // VII International Scientific and Practical Conference “Harmonization of Interethnic Relations in a Global Society”, XXVI Nizhny Novgorod Session of Young Scientists (Humanities): Collection of articles and theses young scientists, Nizhny Novgorod, November 17-18, 2021. – Nizhny Novgorod: Pero Publishing House, 2021. – P. 152-156.
2. Koromyslova T. A., Baklashkin M. I., Kalinina V. O. Environmental ethics at the university // Digital technologies of living systems in agriculture: Collection of materials of the InternationalNational Scientific and Practical Conference, Penza, November 24, 2022. – Penza: Penza State Agrarian University, 2022. – P. 139-141.
3. Pavlov I. E. Environmental policy is an integral part of the state policy of Russia // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Philosophy. Political science. Culturology. – 2021. – T. 7 (73) – No. 1. – P. 209-224.
4. Tetior A. N. Ethical and environmental comparison of the USA and the Russian Federation // Eurasian Union of Scientists. – 2020. – No. 7-3 (76). – pp. 45-51.
PHILOSOPHY. RIGHT. SOCIETY
KITAEV Nikolay Nikolaevich
Ph.D. in Law, associate professor, Honorary Professor of the B. N. Yeltsin Kyrgyz-Russian Slavic University, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University, Honored Lawyer of the Russian Federation
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and science of criminal law sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz-Russian Slavic University
MYSTICISM AND LAW: MYTHS AND REALITY
The article shows the prevalence of belief in occult phenomena in society. A brief historical analysis of the development of mysticism is given. It is noted that increasing the educational level of the population is not an obstacle to the mass manifestation of magical thinking. The connection between occultism and law, existing in different eras, is shown.
Keywords: mysticism, harmful magic, irrational thinking, occultism and law.
Bibliographic list of articles
1. Kupriyanov A. “Dark forces” as a subject of crime // Russian justice. – 2001. – No. 8.
2. Kitaev N. N., Kitaeva V. N., Ardashev R. G. Jurisprudence and mysticism // Law and law. – 2019. – No. 1.
3. Buyanov M.I. Egoists. – M., 2001.
4. Buyanov M.I. Finding will, or how people and nations grow up. – M., 1998.
5. Dunham B. Giant in Chains. – M., 1958.
6. Yudin V.V. Belief in witchcraft is a manifestation of the everyday consciousness of youth // Sociological studies. – 2007. – No. 10.
7. Kitaeva V. N. Forensic characteristics of cruelty to animals // Siberian criminal procedural and forensic readings. – Irkutsk, 2015. – No. 1 (7).
8. Moscovici S. Social representation: a historical view // Psychological journal. – 1995. – No. 1.
9. Brief Russian encyclopedia. – T. 2 – M., 2003.
10. Buyanov M.I. Mysticism, KGB and psychiatry. – M., 2007.
11. Plekhanov G.V. About religion and the church. – M., 1957.
12. Levy-Bruhl L. Supernatural in primitive thinking. – M., 1999.
13. Psychological encyclopedia. 2nd ed. / ed. R. Corsini, A. Auerbach. – St. Petersburg, 2003.
14. Puzina P. A look at superstition and prejudice. – St. Petersburg, 1834.
15. Solovyov V. S. Works in 2 volumes. T. 2. – M., 1988.
16. James W. Diversity of religious experience. – M., 1993.
17. Köppen. Crata Repoa, or how in ancient times the initiation of Egyptian priests took place in the Mysterious Society. – St. Petersburg, 1779.
18. Underhill E. Mysticism. Experience in studying the nature and laws of development of human spiritual consciousness. – Kyiv, 2000.
19. Sumarokov A. What is spiritualism and its phenomena? – St. Petersburg, 1871.
20. Vygotsky L. S., Luria A. R. Studies on the history of behavior. – M.-L. 1930.
21. Taylor E. B. Primitive culture. T. 1. – St. Petersburg, 1896.
22. Tokarev S. A. The essence and origin of magic // Research and materials on questions of primitive religious beliefs. – M.: Publishing house. Academician Sciences of the USSR, 1959.
23. Zybkovets V. F. About black and white magic. – M., 1965.
24. Platonov K.K. Psychology of religion. – M., 1967.
25. Guili R. E. Encyclopedia of witches and witchcraft. – M., 1998.
26. Bogoraz-Tan V. G. On the issue of applying the Marxist method to the study of ethnographic phenomena // Soviet ethnography. – 1930. – No. 1-2.
27. Kotlyarevsky A. About the funeral customs of the pagan Slavs. – M., 1868.
28. Ardashev R. G. Superstitions in law enforcement as an indicator of the irrationality of public consciousness // Law and Law. – 2020. – No. 7.
29. Kitaev N. N., Kitaeva V. N. Forensic examination in exposing fraudsters – “psychics” // In defense of science. – Vol. 11. – M., 2012.
30. Nugaeva E. D. Peculiarities of the investigation of fraud in the provision of occult services: Dis… cand. legal Sci. – Ufa, 2018.
PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. inpedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
AZHIEV Akhmed Vakhaevich
Ph.D. in pedagogical sciences, professor, Vice-rector for Social, Educational Work and Public Relations of the Chechen State Pedagogical University, Grozny
CONCEPTUAL AND THEORETICAL FOUNDATIONS OF MILITARY-PATRIOTIC EDUCATION OF STUDENTS IN A COEVOLUTIONARILY DEVELOPING WORLD
The article presents the conceptual and theoretical foundations of military-patriotic education of students, identifies the essential characteristics of methodological approaches on which the formation of civil-patriotic values of students in the realities of modern society is based. The authors prove that the coevolutionary approach acts as a methodological basis for the military-patriotic education of students. In the context of the study, the main factors affecting the quality of military-patriotic and civic education of students are considered, the value potential of patriotism is shown from the perspective of the process of formation of patriotic consciousness of the individual.
Keywords: military-patriotic education, civic education, coevolutionary approach, patriotism, civic-patriotic values, principles of military-patriotic education.
Bibliographic list of articles
1. Mikryukov V. Yu. Military-patriotic education at school. – M.: VAKO, 2012. – 404 p.
2. Bondarenko E. A., Petrova O. G. Patriotic education today. Analysis, problems, prospects / Ministry of Education and Science of the Russian Federation, LLC “Sovrem.obrazovat. concepts”; auto comp.: Bondarenko E. A., Petrova O. G. – M.: AS-Trust, 2009. – 240 p.
3. Vyrshchikov A. N., Kusmartsev B. M. Patriotic education of youth in modern Russian society. – Volgograd, 2006. – [Electronic resource]. – Access mode: http://www.vounb.volgograd.ru/CLNVR/library/Kusmarzev/Patrioticheskoe_vospitanie_covremennoi_molodegi.pdf (date of access: 01/03/2024).
4. Lugovinov V.I. System of patriotic education: state, problems and directions of development. – [Electronic resource]. – Access mode: http://fpvestnik.ru/patriotizm-segodnya/sistema-patrioticheskogo-vospitaniyasostoyanie-problemy-i-napravleniya-razvitiya/ (date of access: 01/03/2024).
5. Soloviev V. S. Russian idea. – M., 1992. – P. 185-205.
6. National Security Strategy of the Russian Federation until 2020: approved. By Decree of the President of the Russian Federation of May 12, 2009 No. 537 (as amended on July 1, 2014). – [Electronic resource]. – Access mode: https://medinstitut.org/spbmsi_docs/sveden_RF_ot_12.05.2009.pdf (access date: 01/03/2024).
7. Strategy for the development of education in the Russian Federation for the period until 2025: approved. by order of the Government of the Russian Federation of May 29, 2015 No. 996-r. – [Electronic resource]. – Access mode: http://static.government.pdf (access date: 01/03/2024).
8. Tsiulina M. V. Patriotic education of schoolchildren with the possibilities of the socio-educational environment. – Chelyabinsk: Cicero, 2012. – 203 p.
PHILOSOPHY. RIGHT. SOCIETY
RABADANOVA Alina Arsenovna
student of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
GASANDIBIROVA Madina Aliaskhabovna
student of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
MAGOMEDOVA Fatima Yakubovna
student of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
ABDULAEVA Zaira Esenbulatovna
Head of Humanitarian disciplines sub-faculty of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
VOLUNTARY INFORMED CONSENT. PROBLEMS OF MUTUAL UNDERSTANDING BETWEEN THE PATIENT AND THE DOCTOR
The article discusses the ethical and legal aspects of a voluntarily informed representative about medical intervention, as well as the problem of the patient’s understanding of voluntary informed consent. Materials and methods: to achieve this goal, we conducted an analysis of domestic and foreign literature, regulations, as well as a social survey among medical workers and patients in the Republic of Dagestan.
Keywords: voluntary informed consent, patient, doctor, medical care, bioethical aspects, medical organization.
Bibliographic list of articles
1. Cherednichenko D.V. Ethical recommendations and legal standards for registration of patient consent and refusal in relation to medical intervention. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/eticheskie-rekomendatsii-ipravovye-standarty-oformleniya-soglasiya-i-otkazapatsienta-v-otnoshenii-meditsinskogo-vmeshatelstva/viewer
2. Pishita A. N., Klimov A. E., Informed voluntary consent in medicine (legal aspect). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informirovannoedobrovolnoe-soglasie-v-meditsine-pravovoy-aspekt/viewer
3. Revazova E. A., Informed voluntary consent to medical intervention. [Electronic resource]. – Access mode: https://pravoprim.spbu.ru/yurisprudentsiya/zashchita-prav-grazhdan/item/504-informirovannoe-dobrovolnoe-soglasie-nameditsinskoe-vmeshatelstvo.html
4. Bazhanov N. O., Ivanenko N. S., Medical and legal aspects of informed voluntary consent. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mediko-pravovye-aspektyinformirovannogo-dobrovolnogo-soglasiya/viewer
5. Talia Miron Schatz. Moscow, 2022, “Mann, Ivanov and Ferber” – “Your life depends on it” 6. Kovaleva T. I. Ethical reception of informed consent, 2011.
7. Alekseeva S. S., Starodubtsev M. E. Informed voluntary consent to medical intervention: the figure and role of the doctor // Russian Journal of Cardiology. 2021. No. 26 (9). pp. 69-72.
8. Oana R. Gren, Ignasi Bolibar and Carlos Brotons, “Impacts, Barriers and Facilitators of the Patient Communication Intervention “Ask Me 3” in a Primary Health Care Center in Barcelona, Spain: A Mixed Methods Analysis.”
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in philosophical sciences, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University; associate professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
TRANSFORMATIONS OF COMMUNICATIONS IN THE DIGITAL WORLD: PHILOSOPHICAL ANALYSIS (PART 2)
The article presents a philosophical analysis of changes in communication in the realities of the digital era. In the second part, the author examines the impact of advanced technologies on the transformation of interactions between subjects in spheres of public life. Shifts in communication processes have been recorded. At the end of the work, the results of the study are summed up.
Keywords: communication, digitalization, society, technology, intelligence.
Bibliographic list of articles
1. Balashov A. N., Bochanov M. A. Internet technologies as a factor in the development of political activity of citizens: trends and contradictions // PolitBook. – 2017. – No. 2. – P. 22-34.
2. Gorbunova Yu. I. Gorbunova O. N. Information infrastructure: modern essence, its constituent sub-sectors // Socio-economic phenomena and processes. – 2014. – No. 2 (60). – pp. 14-21.
3. Ignatiev V.I. And “another” actor will strike… The formation of a techno-subject in the context of the movement towards a technological singularity // Sociology of science and technology. – 2019. – T. 10. – No. 1. – P. 64 – 78.
4. Kulikova D. S. Digitalization of business models: global brands and development prospects // Innovations and investments. – 2022. – No. 4. – P. 54-58.
5. Mitina E. V., Subbotina T. N. Transformation of business communications in organizations under the influence of digitalization // Economics and business: theory and practice. – 2022. – No. 9 (91). – pp. 156-161.
6. Pronchev K. G. The concept of “hierarchical personalism”: a political science aspect // Questions of political science. – 2022. – T. 12. – No. 8 (84). – pp. 2570 – 2583.
7. Ravochkin N. N. Transformations of communications in the digital world: philosophical analysis (part 1) // Eurasian Legal Journal. – 2023. – No. 12 (187). – pp. 496-498
8. Shevchenko L. V. Transformation of socio-political communication in the conditions of digitalization of society // Humanitarian of the South of Russia. – 2022. – T. 11 (58). – No. 6. – pp. 191-200.
PHILOSOPHY. RIGHT. SOCIETY
POKHILKO Alexander Dmitrievich
Ph.D. in philosophical sciences, professor, professor of Philosophy, law and social and humanitarian sciences sub-faculty of the Armavir State Pedagogical University
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BURKIN Dmitriy Olegovich
Ph.D. in philosophical sciences, Ph.D. in Law, associate professor of Environmental, land and labor law sub-faculty of the North Caucasus Federal University, Stavropol
MICROSOCIETY IN MODERN SOCIETY: EXPLICATION OF THE SOCIO-PHILOSOPHICAL ASPECT
To highlight the socio-philosophical aspect in the study of microsociety, the concept of autonomy is used, that is, self-law, self-legitimacy of small socio-cultural formations, which makes this formation a microsociety. Such a simple and at the same time important model of microsociety as a family is considered. As a result of considering the transformation of the modern family under the influence of transformations in the information society, it was concluded that the family changes many traditional functions, while remaining at the same time a very stable institution of Russian society, that is, an autonomous microsociety. It is discussed that the family exists as a spiritual integrity, bound by family values of a moral nature. The following criteria for an autonomous microsociety have been proposed: superposition of personal autonomies; self-determination; high degree of self-sufficiency; emotional connections; privacy; self-government and self-regulation; group identity; closure of collective information thesauri, etc. In the socio-philosophical aspect, the main contradiction of microsociety is the contradiction between autonomy and heteronomy. Such a contradiction is resolved through a dialogue between individuals and adequate social communication of the microsociety.
Keywords: microsociety, personality, family, autonomy, values.
Bibliographic list of articles
1. Aivarova N. S. Modern Russian family: diagnostics of solutions using game theory // Bulletin of the Yugra State University. – 2018. – No. 1 (48). – pp. 5-12.
2. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
3. Baklanova O. A. Specificity of the study of collectivism as a basic type of social existence // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2012. – No. 1. – P. 18-21.
4. Burkin D. O. Axiological dimension of the phenomenon of legitimation of power // Humanitarian and socio-economic sciences. – 2019. – No. 5 (108). – pp. 26-30.
5. Burkin D. O. The role of normative systems in the process of forming the phenomenon of legal consciousness // Kant. – 2019. – No. 1 (30). – pp. 153-157.
6. Evstifeeva E. A. Maykova E. Yu., Kozlov A. G. Privacy in the era of involvement // Power. – 2016. – T. 24. – No. 1. – P. 36-40.
7. Zaichenko A. A., Baklanova O. A., Makhrinova M. V. Analysis of the family as a social institution and community in the perspective of sociocultural research // Humanities and socio-economic sciences. – 2019. – No. 5 (108). – pp. 30-34.
8. Maykova E. Yu. Autonomy as a personal value // Power. – 2012. – No. 11. – P. 084-087.
9. Mikeeva O. A. Analysis of the paradigmatic foundations of the sociocultural approach in social cognition // Scientific thought of the Caucasus. – 2009. – No. 1 (57). – pp. 45-48.
10. Pokhilko A. D. The problem of autonomy of consciousness // News of higher educational institutions. North Caucasus region. Social Sciences. – 2005. – No. 1 (129). – pp. 7-13.
11. Toffler E. Future shock. – Moscow: AST, 2008. – 557 p.
12. Tyagunov A. A., Evstifeeva E. A., Maykova E. Yu., Kozlov A. G. Risks of personal space: privacy and information security // Bulletin of Tver State Technical University. Series: Social Sciences and Humanities. – 2013. – No. 2. – P. 11-16.
PHILOSOPHY. RIGHT. SOCIETY
FEDOTOV Vladimir Vladimirovich
assistant professor, Russian University of Transport (MIIT)
PHILOSOPHICAL REFLECTION ON THE CRISIS OF WORK MOTIVATION
The aim is to identify the integrated approach of effectiveness of labor motivation, first of all, solving the problem of increasing job satisfaction not only in the material, but also in the spiritual sphere of workers’ lives. The determinants of work motivation are considered at three interrelated levels: state, institutional and individual-personal. The analysis showed the relationship between the hierarchy of needs and the level of work motivation, based on the results of the analysis, a conclusion was made about the crisis of work motivation and the main causes of this crisis were identified. The theoretical and practical significance is that, the problems of the crisis of labor motivation in modern conditions are updated on the basis of a generalization of three interrelated levels: state, institutional and individual-personal.
Keywords: hierarchy of needs, crisis, levels of work motivation, values.
Bibliographic list of articles
1. Antonov Yu. Right to work // Arguments of the week. 2023. August 16.
2. Berdierov T. A., Ortikov E. Yu. The concept of motivation for work activity // Young scientist. 2016. No. 7.2 (111.2). pp. 83-86.
3. Dzhigkaev A. T. Motivational theory of D. McClelland and its role in personnel motivation // Education and Law. 2023. No. 2. P. 237-240.
4. Lamikhov Yu. B., Antonova O. G. TTheoretical approaches to the study of labor motivation of workers // News of higher educational institutions. Volga region. Social Sciences. 2018. No. 4 (48). pp. 71-80. DOI 10.21685/2072-3016-2018-4-8.
5. Mirzoyan V. A. Crisis of labor motivation: experience of philosophical analysis // Questions of philosophy. 2011. [Electronic resource]. – Access mode http://vphil.ru/index.php?option=com_content&task=view&id=420&Itemid=52 (accessed 12/20/2023).
6. Personnel motivation: textbook. manual: practical. assignments (workshop) / Yu. G. Odegov, G. G. Rudenko, S. N. Apenko, A. I. Merko. – Moscow: AlfaPress, 2010. – 640 pp.
7. Pronin V. Yu. Theoretical and methodological foundations of the concept of labor motivation in sociology // Medicine, Sociology. Philosophy. Applied research. – 2021. – No. 4. – P. 75-82.
8. Protasenya Yu. E. Theoretical foundations of the concept of “crisis” [Text] // News of the St. Petersburg State Economic University. – 2014. – No. 1. – P. 127-130.
9. Tracy Bryan. The science of motivation. – Minsk: Potpourri, 2019. – 240 pp.
10. Fedorova A. E., Chudinovskikh M. V., Borzenko E. I. et al. Transformation of labor relations: factors of social pollution. – Collective monograph. – Ekaterinburg: Yunika, 2019. – 178 p.
11. Chernavin Yu. A. Modern Russian society: from industrial to digital // Philosophical and methodological problems of research of Russian society: Sat. Proceedings of the IV International Scientific Conference. – Moscow: RUT, 2020. – P. 391.
12. Westerman Johan. Unequal involvement, unequal attainment? A theoretical reassessment and empirical analysis of the value of motivation in the labor market // Social science research. – 2018. – Volume 76. – Pp 169-185.
PHILOSOPHY. RIGHT. SOCIETY
FOMIN Andrey Alexandrovich
postgraduate student of Cultural studies and fine arts sub-faculty of the Shuya branch of the Ivanovo State University
THE REVIVAL OF RUSSIA’S CIVILIZATIONAL ETHOS: PROBLEMS AND PROSPECTS
The collapse of the USSR and the subsequent formation of modern Russia was accompanied by the loss of the traditional civilizational ethos – the basic universal ethical norms and values that serve as the “spiritual bonds” of civilization. The resulting mental vacuum turned out to be filled with neoliberal ideology – a genuine pseudo-morphosis for our country, which has turned into a testing ground for dismantling civilizational foundations. The result was the loss of national identity and the real threat of loss of sovereignty. The Ukrainian scenario has shown extraordinary results in the implementation of cultural intervention projects of the collective West. The need to avoid such a development of events dictated by the state authorities to make efforts to revive the lost ethos, which found expression both at the conceptual level and at the level of specific political decisions. However, the society was able to realize the need to return traditional ethical norms as a way of life only as a result of the existential aggravation, which was its own, which caused an axiological awakening in society. The launched processes need not only further state support, but also the spiritual mobilization of each member of society, which is especially facilitated not only by the education system, but also by the Church.
Keywords: civilizational ethos of Russia, ethics, moral values, existential aggravation, spiritual mobilization, clash of civilizations.
Bibliographic list of articles
1. Huntington S. Clash of Civilizations? // Policy. – 1994. – No. 1. – P. 33-48.
2. Spengler O. Decline of the Western World; Essays on the mythology of world history. – M.: “Alfa-Kniga Publishing House”, 2010. – 1085 pp.
3. Nicholas of Serbia (Velimirovich), saint. Spiritual revival of Europe. – M.: Pilgrim, 2006. – 448 p.
4. Losev A.F. Dialectics of myth. – M.: Pravda, 1990. – 429 p.
5. Direct line with Vladimir Putin. – [Electronic resource]. – Access mode: https://ru.sputnik.kg/20190620/russia-putin-translyaciya-pryamaya-liniya-1044757661.html (date of access: 02/08/2024).
6. Working group of IS RAS. Russian identity in the sociological dimension. Analytical report. Part 3 // Polis. – 2008. – No. 3. – P. 9-28.
7. Skvortsov L.V. Russia facing the problem of civilizational self-identification: an imperial complex or responsibility to the future? // Diagnosis of time as a problem of social theory and practice. – M.; Stavropol: INION RAS-SSU, 2006. – 304 p.
8. Fukuyama F. The End of History and the Last Man. – [Electronic resource]. – Access mode: https://geopolitikym.org/wp-content/uploads/2020/04/konec-istorii-i-posledniy-chelovek-fykyuama.pdf (date of access: 02/08/2024).
9. Shchipkov A.V. Theft of Russian identity // Scaffold: 1917-2017. Sat. articles. – M.: Probel-2000, 2015. – P. 3-39.
10.Belzhelarsky E. A. The collapse of liberal identity // Scaffold: 1917-2017. Sat. articles. – M.: Probel-2000, 2015. – P. 149-179.
11. Putin V.V. On the historical unity of Russians and Ukrainians. – [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/copy/66181 (date of access: 02/08/2024).
12. Balagurov O. A. Overcoming the challenges of secular globalism based on the patristic heritage in the context of the conflict of civilizations: dissertation… cand. cult. – Shuya, 2013. – 148 p.
13. Skvortsov K. A. Political protest of the Russian democratic opposition in the “Post-Swamp” period: analysis and characteristics // Bulletin of Omsk University. Series “Historical Sciences”. – 2016. – No. 4. – pp. 163-166.
14. Shchennikova K. Yu. Traditional values as a factor in the preservation and unity of modern Russia // Power. – 2017. – No. 1. – P. 159-164.
15. Constitution of the Russian Federation as amended in 2022. – [Electronic resource]. – Access mode: http://duma.gov.ru/news/55446/ (date of access: 02/08/2024).
16. Decree of the President of the Russian Federation of November 9, 2022 No. 809 “On approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values.” – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/405579061/ (date of access: 02/08/2024).
17. Ilnitsky A. Antichrist as technology // Parliamentary newspaper. – 2024. – No. 5. – [Electronic resource]. – Access mode: https://www.pnp.ru/politics/antikhrist-kak-tekhnologiya.html (date of access: 02/08/2024).
18. Dugin A.G. SVO: year one. Paradigm change // Zavtra.Ru. – [Electronic resource]. – Access mode: https://zavtra.ru/blogs/svo_god_pervij_smena_paradigmi?ysclid=lsdjq7w4nd225278853 (date of access: 02/08/2024).
19. Balagurov O. A. Conflict of civilizations: a picture of the future in the context of overcoming archeomodernity through subpseudomorphosis // In the world of scientific discoveries. – 2013. – No. 1-3. – pp. 77-89.
20. Patriarchal sermon on the 35th Sunday after Pentecost after the Liturgy in the Cathedral of Christ the Savior // Russian Orthodox Church: website. – [Electronic resource]. – Access mode: http://www.patriarchia.ru/db/text/6100609.html?ysclid=lsdjzk1qhs237839590 (date of access: 02/08/2024).
PHILOSOPHY. RIGHT. SOCIETY
KHOKHLOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Public administration sub-faculty of the Institute of Social Sciences of the Irkutsk State University
SOCIAL CONSENT IN THE CONTEXT OF NATIONAL SECURITY
The author substantiates the need to form a model of social harmony, which is a set of funda-mental values of modern Russian society, as the basis for the balance and stability of the social system, preserving its identity and unity, sovereignty, territorial integrity , which in essence represents a system for ensuring national security in modern Russia. The author provides an analysis of approaches to understanding national security and assesses the effectiveness of their application in the realities of our time.
Keywords: model, public consent, fundamental values, society, social system, national interests, national security, national consolidation.
Bibliographic list of articles
1. Ageeva E. A. Consolidation of society as a political phenomenon // Politics and political science: current perspective / General. ed. I. A. Batanina, M. Yu. Mizulina. – Moscow – Tula, 2005. – P. 11.
2. Velikaya N.M. Problems of consolidation of society and power // Socis. – 2005. – No. 5. – P. 60-71.
3. Gaman-Golutvina O. V. Regional elites of Russia: personal composition and evolutionary trends (I) // Polis. – 2004. – No. 2. – P. 6-19.
4. David Easton. Approach to the analysis of political systems // Bulletin of Moscow University. Ser. 12. Political sciences. – 2015. – No. 5.
5. Kuznetsov V. N. On the sociological meaning of the ideology of consolidation: geocultural aspect // Security of Eurasia. – 2003. – No. 3 (13). – P. 7-47.
6. Nugaev M. A., Nugaev R. M. Public ideology as a factor in the formation of civil society // Social and humanitarian knowledge. – 2003. – No. 4. – P. 120-129.
7. Mau V. Intelligentsia, history and revolution // New world. – M., 2000. – No. 5.
8. Popov M. Yu. Socialization of personality in conditions of deideologization: in search of the ideology of consolidation // Social and humanitarian knowledge. – 2004. – No. 6. – P. 63-78.
9. Levashov V.K. Moral and political consolidation of Russian society in the conditions of neoliberal transformations // Sotsis. – 2004. – No. 7. – P. 27-45.
10. Khokhlova O. M. Dichotomy “agreement-disagreement” in the social sphere (philosophical and methodological analysis). Author’s abstract. …cand. Philosopher Sciences: 09.00.11: Moscow State Technical University named after. N. E. Bauman. – M., 2013. – 22 pp.
11. Khokhlova O. M. Public consent in the socio-political sphere of modern timesnew society. – Krasnoyarsk: Sib. federal University, 2016. – 176 pp.
12. Khokhlova O. M. Protest movement in modern Russian society (taking into account regional characteristics). – Krasnoyarsk: Sib. federal University, 2013. – 136 pp.
13. Khokhlova O. M. Social protest as a manifestation of disagreement // Humanitarian Bulletin of MSTU. N. E. Bauman. – 2023. – No. 2 (98).
14. Yadov V. A. Solidarity of Russians in everyday life and on a national scale // Society and Economics. – 2002. – No. 12. – P. 94.
PHILOSOPHY. RIGHT. SOCIETY
GUSEV Valeriy Sergeevich (Bishop Filaret)
Clergyman, lecturer of the Nizhny Novgorod Theological Seminary, Kozma Minin Nizhny Novgorod State Pedagogical University
THE ORIGINALITY OF THE VIEWS OF N. A. BERDYAEV AND I. A. ILYIN ON MAN
This article examines the features of the anthropological views of two of the largest Russian thinkers of the end of the XIX – first half of the XX centuries – N. A. Berdyaev (1874-1948) and I. A. Ilyin (1883-1954). It is noted that the problem of the essence of a person, his place in the world and purpose occupies the main place in their work. Both philosophers did not aim at building a systematic anthropology, were based on their own experience and reflection, and also considered the essence and purpose of man in his religious dimension. I. A. Ilyin, unlike N. A. Berdyaev, tried to bring his ideas to logical completeness, clarity. If, according to I. A. Ilyin, faith lies at the center of a person’s life as the beginning that determines the whole being, nature and destiny of a person, then N. A. Berdyaev considers a person as a being called to creative self-realization, and thereby revealing the personal beginning in himself.
Keywords: I. A. Ilyin, N. A. Berdyaev, man, anthropology, existentialism, spirituality, philosophy, religiosity.
Bibliographic list of articles
1. Asanova L. I. The doctrine of man in the Russian theological and philosophical tradition: “Pneumatic actology” by I. A. Ilyin as a doctrine of the personal “spiritual activity” of man. – N. Novgorod: NSPU, 2010. – P. 284-290.
2. Berdyaev N. A. I and the world of objects. Experience of the philosophy of loneliness and communication // Philosophy of the free spirit. – M., 1994. – 479 p.
3. Berdyaev N. Konstantin Leontiev. Essay on the history of Russian religious thought. Alexey Stepanovich Khomyakov. – M.: AST, Guardian, 2007. – 445 p.
4. Berdyaev N. A. Sub specie aeternitatis. Philosophical, social and literary experiments (1900-1906). – M.: Canon +: Rehabilitation, 2002. – 655 p.
5. Berdyaev N. A. On the purpose of a person. Experience of paradoxical ethics. – M.: Amrita, 2019. – 460 pp.
6. Berdyaev N. A. The meaning of creativity. The experience of justifying a person. – M.: Amrita, 2022. – 448 p.
7. Dudina I. A. I. A. Ilyin: metaphysical foundations of human existence // Bulletin of the Murmansk State Technical University. – Murom, 2002. – T. 5. No. 3. – P. 329-342.
8. Ilyin I. A. The path of spiritual renewal // Why we believe in Russia. – M.: Eksmo, 2006. – 480 p.
9. Ilyin I. A. Theory of law and state. – M.: Zertsalo, 2008. – 552 p.
10. Ilyin I. A. Axioms of religious experience. – M.: Academic Project, 2022. – 639 p.
11. Ilyin I. A. Philosophy and life // Sofia. Problems of spiritual and cultural and religious philosophy. – Berlin, 1923. – 190 p.
PHILOSOPHY. RIGHT. SOCIETY
SHEVALOV Semyon Vladimirovich
postgraduate student of Philosophy, economics and law sub-faculty of the Faculty of History of the V. P. Astafjev Krasnoyarsk State Pedagogical University
SYNTHESIS OF MARXISM WITH OTHER SOCIO-PHILOSOPHICAL DOCTRINES: OPPORTUNITIES AND PROSPECTS
The article attempts to highlight the possibility of combining the historical-materialistic concept with other philosophical trends. Most modern researchers of this philosophical concept agree that the original existence of historical materialism in the context of the development of modern socio-philosophical knowledge will be impossible without attempts to merge with other theories and trends. Based on this, based on the analysis of previous scientific literature, as well as the general structure of individual philosophical directions, the author determines that historical materialism has prospects for synthesizing its own philosophical potential with the possibilities of such socio-philosophical directions as positivism, psychoanalysis, existentialism, postmodernism, as well as pragmatism. The results of the presented research show that the synthesis of Marxism with other trends provides prospects not only for the creation of new philosophical theories, but also creates the ground for the expansion of the methodological apparatus. All this will make it possible to become the basis forthe disclosure of philosophical potential and new research opportunities not only for historical materialism itself, but also for other philosophical movements.
Keywords: historical materialism, Marxism, neo-Marxism, synthesis, positivism, psychoanalysis, existentialism, postmodernism, pragmatism.
Bibliographic list of articles
1. Batyaev R. A., Izergina V. P. Marxism and postmodernism: conflict or cooperation? // Contentus. – 2019. – No. 6 (83). – P. 1-13.
2. Bystrov V. Yu., Dudnik S. I. On existential motives in the philosophy of K. Marx. // Bulletin of RUDN University. Series: PHILOSOPHY. – 2018. – T. 22. – No. 4. – P. 397-406.
3. Vasyukov, O. V. Is a creative synthesis of the ideas of Marxism and pragmatism possible? // Bulletin of the Vyatka State Humanitarian University. – 2009. – No. 1 (4). – pp. 30—34.
4. Grinin L. E. Historical materialism in Western Marxism. Reflections on the fate of the concept // Questions of Philosophy. – 2018. – No. 10. – P. 90-101.
5. Komissarov I. I. G. Spencer and F. Engels: two models of the origin and essence of government. // Humanitarian Bulletin (MSTU named after N. E. Bauman). – 2016. – No. 4. – P. 1-13.
6. Mokshantsev L.V. Synthesis of Freud and Marx: the first Freudo-Marxists. // Humanitarian Bulletin (MSTU named after N. E. Bauman). – 2014. – No. 9 (23). – P. 1-10.
7. Porus V.N. What is common between the Marxist “dialectics of knowledge” and Lakatos’ “refined falsificationism”? // Epistemology and philosophy of science. – 2018. – T. 55. – No. 3. – P. 35-40.
PHILOSOPHY. RIGHT. SOCIETY
FARKHUTDINOV Linar Ilshatovich
Ph.D. in philosophical sciences, independent researcher
IGNORAMUS ET IGNORABIMUS: THE PROBLEM OF THE CAPITALIST CRISIS IN RESPECT OF THE METHODOLOGY OF SCIENCE
The article considers the situation of the year 2007, when the economic mainstream was first proving the impossibility of the crisis, and later, facing the fact, rejected to explain it and proclaimed the crisis to be unknowable. At the same time economic science has a developed model of capitalist crisis based on the labor theory of value by Karl Marx, which both explains and predicts crisis, but his theory is not even considered. The author analyzes this situation as an example proving the historical, social and class determination of scientific knowledge, i.e. the correctness of the postpositivist understanding of science by Thomas Kuhn, as well as the correctness of understanding science as a part of mental production (geistige production), that is subordinated to the owners of the material production.
Keywords:economic crisis, scientific paradigm, scientific revolution, mental production, ideology, postpositivism.
Bibliographic list of articles
1. Marx K. “Capital”. – M.: Gospolitizdat, 1949. – 794 p.
2. Clark, Simon. Marx’s theory of the crisis, 1994. https://marxismocritico.files.wordpress.com/2011/12/marxstheoryofcrisis.pdf (access date: 12/13/2023).
3. Lucas, Robert R. Macroeconomic priorities // The American Economic review, March 2003. [Electronic resource]. – Access mode: https://pages.stern.nyu.edu/~dbackus/Taxes/Lucas%20priorities%20AER%2003.pdf (access date: 12/13/2023).
4. Remarks by Governor Ben S. Bernanke at the meetings of the Eastern Economic Association. – Washington, DC, February 20, 2004. – The Great Moderation. [Electronic resource]. – Access mode: https://www.federalreserve.gov/boarddocs/speeches/2004/20040220/ (access date: 12/13/2023).
5. “This is how we let the credit crunch happen, Maam” // The Guardian, 07.26.2009. [Electronic resource]. – Access mode: https://www.theguardian.com/uk/2009/jul/26/monarchy-credit-crunch (accessed 12/13/2023).
6. Cassidy John, Interview with Eugene Fama // The New Yorker, 01/13/2010. [Electronic resource]. – Access mode: https://www.newyorker.com/news/john-cassidy/interview-with-eugene-fama (access date: 12/13/2023).
7. Mankiw, Gregory. Trying to Tame the Unknowable // The New York Times, March 28, 2010. [Electronic resource]. – Access mode: https://scholar.harvard.edu/files/mankiw/files/trying_to_tame.pdf (access date: 12/13/2023).
8. Edward E. Leamer. Tantalus on the road to Asymtopia // Journal of Economic Perspectives. – Volume 24. Number 2. Spring. – 2010. – P. 31-46. [Electronic resource]. – Access mode: https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.360.48&rep=rep1&type=pdf (access date: 12/13/2023).
9. Grossman, Henryk. The law of the accumulation and breakdown of the capitalist system [Das Akkumulations – und Zusammenbruchsgesetz des kapitalistischen Systems (Zugleich eine Krisentheorie), (Hirschfeld, Leipzig, 1929]. [Electronic resource]. – Access mode: https://www.marxists .org/archive/grossman/1929/breakdown/index.htm (date ofExpansion: 12/13/2023).
10. Smith, Murray E.G. Invisible Leviathan. Marx’s Law of Value in the Twilight of Capitalism. – Leiden Boston: Brill, 2019. – 369 p.
11. Smith, Murray & Butovsky, Jonah. (2012). Profitability and the Roots of the Global Crisis: Marx’s ‘Law of the Tendency of the Rate of Profit to Fall’ and the US Economy, 1950-2007 // Historical Materialism. – 20. – P. 39-74. 10.1163/1569206X-12341273.
12. Carchedi, G., & Roberts, M. (2013). Marx’s Law of Profitability: Answering Old and New Misconceptions // Critique. – No. 41 (4). – P. 571-597. [Electronic resource]. – Access mode: https://doi.org/10.1080/03017605.2013.876811 (access date: 12/13/2023).
13. Kuhn Rick. Marxist crisis theory to 1932 and to the present: reflections on Henryk Grossman’s “Fifty years of struggle over Marxism”/ Society of Heterodox Economists Conference University of New South Wales, Sydney, 2-3 December 2013. [Electronic resource]. – Access mode: https://openresearch-repository.anu.edu.au/bitstream/1885/11086/1/Kuhn_MarxistCrisisTheory2013.pdf (access date: 12/13/2023).
14. Mattick, Paul. Economic crisis and crisis theory, 1974. [Electronic resource]. – Access mode: https://www.marxists.org/archive/mattick-paul/1974/crisis/ch01.htm (access date: 12/13/2023).
15. Kuhn T. Structure of scientific revolutions. – M.: ed. AST, 2003. – 605 p.
16. Marx K., Engels F. “German Ideology” // Karl Marx, Friedrich Engels. Works: in 50 volumes, Vol. 3. – Moscow: Gospolitizdat, 1955. – 630 p.
REVIEW
LATYPOV Vadim Sagityanovich
Ph.D. in Law, associate professor, Deputy Head of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
A PERSON IN RESPECT OF WHOM A CRIMINAL CASE HAS BEEN SEPARATED INTO ASEPARATE PROCEEDING IN CONNECTION WITH THE CONCLUSION OF A PRE-TRIAL COOPERATION AGREEMENT WITH HIM: THEORETICAL, LEGAL AND LAW ENFORCEMENT ANALYSIS (REVIEW OF THE OFFICIAL OPPONENT ON I. A. KOSAREVA’S DISSERTATION SUBMITTED FOR THE DEGREE OF CANDIDATE OF LEGAL SCIENCES IN THE SPECIALTY 5.1.4. CRIMINAL LAWS SCIENCES)
The official opponent gave a positive review of the work prepared on a topic relevant to criminal procedural theory and law
enforcement activities related to improving the legal status of a person in respect of whom the criminal case was separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him. Having positively noted all the basic points and analyzed each structural element of the research, which essentially confirms the claim of the applicant that he really made a significant contribution to the development of the criminal procedure industry and solved a major scientific problem, the opponent emphasizes that the dissertation proposals enrich the theory and the practice of criminal proceedings, are distinguished by the depth of theoretical research, and have a clear and clearly thought-out design. The provisions submitted for public defense indicate the comprehensiveness of the research, but at the same time, it highlights a number of controversial issues that require additional clarification.
Keywords: opponent, participant, criminal process, promotion of justice, separation of a criminal case, legal status of a person.
Bibliographic list of articles
1. Gurshumov I.P. Pre-trial cooperation agreement – deal with justice? // Legality. 2010. No. 4 (906).
2. Latypov V.S. Providing assistance to other participants in criminal proceedings provided for by Chapter 8 of the Code of Criminal Procedure of the Russian Federation: monograph. Moscow: Yurlitin-form, 2018.
3. Vorsina A.I. Pre-trial agreement on cooperation as a type of “deal with justice”: issues // Theology. Philosophy. Right. 2018. No. 2 (6).
4. Kaygarodova Yu. E., Suvorova A. A. On the issue of the relationship between the pre-trial agreement on cooperation with the institution of a transaction with justice // Bulletin of the Omsk Legal Institute. 2011. No. 1 (14).
5. Kosareva I. A. Evidentiary value of the testimony of a person against whom the criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him // Eurasian Legal Journal. 2022. No. 10 (173).
6. Kosareva I. A. Is the lack of criminal liability for “perjury” justified? a person who entered into a pre-trial cooperation agreement at the time of his participation in the main proceedings after the separation of the criminal case? // Eurasian legal journal. 2022. No. 1 (164).
7. Latypov V.S. Assistance to justice as an independent criminal procedural function // All-Russian Criminological Journal. 2021. T. 15. No. 6.
8. Sorokina I.A. On some issues of regulation of the fundamental rights and freedoms of a person in respect of whom the criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him // News of Tula State University. Economic and legal sciences. 2021. No. 1.
9. Sorokina I. A. The main responsibilities of a person against whom a criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial agreement on cooperation with him in accordance with the provisions of criminal procedural legislation // Bulletin of Economic Security. – 2022. – No. 4.
10. Sorokina I. A. On the key aspects of the formation of a procedural subject in Russian criminal proceedings – a person against whom the criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him // Bulletin of Economic Security. 2020. No. 5.
Z. S. Bayniyazova:
The problem of consolidating the legal status of an individual in the Russian legal system in the digital age
Interview with Bayniyazova Zulfiya Suleymanovna, Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Faculty of Law of the N. G. Chernyshevsky Saratov National Research State University
EURASIAN INTEGRATION
VECHERNIN Denis Sergeevich
Ph.D. in Law, project manager of Change Management Center of the O. E. Kutafin Moscow State Law University (MSAL)
THE LEGAL BASIS FOR ENSURING COLLECTIVE FOOD SECURITY IN THE EURASIAN ECONOMIC UNION: CURRENT STATE AND DEVELOPMENT PROSPECTS
The article examines the theoretical and regulatory foundations for maintaining collective food security in the Eurasian Economic Union. Based on the analysis of the international legal acts of the EAEU in this area, the author concludes that they need to be changed and formulates appropriate proposals. It is noted that the further development of the legal regulation of the collective food security system in the EAEU should be based on the generally recognized principles of international security law and the experience of international legal regulation of public relations in this area in the post-Soviet space.
Keywords: law, security, collective food security, Eurasian Economic Union, EAEU, food policy, international law, principles, agriculture, agro-industrial complex.
Bibliographic list of articles
1. Baygot M., Znovets M. Food security of the Eurasian Economic Union within the framework of the world food system // Agrarian Economics. – 2021. – No. 1 (11). – P.44-51.
2. Vechernin D.S. On the prospects for cooperation between member states of the Shanghai Cooperation Organization in the field of food security: international legal aspect // Bulletin of the Diplomatic Academy of the Russian Foreign Ministry. International law. – 2022. –No. 4 (19). – pp. 11-21.
3. Vechernin D. S. Legal basis for cooperation between member states of the Commonwealth of Independent States in the field of food security // Representative power – XXI century: legislation, comments, problems. – 2023. – No. 7-8 (206-207). – pp. 29-35.
4. Dobrosotsky V.I. Ensuring food security in the countries of the Eurasian Economic Union: global and regional aspects. – M.: Odintsovo branch of MGIMO, 2019. – 128 p.
EURASIAN INTEGRATION
KHALIPOV Sergey Vasiljevich
Ph.D. in Law, associate professor, Head of Public law sub-faculty of the Russian Foreign Trade Academy of the Ministry of Economic Development of Russia
LEGAL FUNDAMENTALS OF RUSSIA’S NON-TARIFF REGULATION IN THE EURASIAN ECONOMIC UNION
The article deals with the substance of non-tariff regulation of foreign trade in goods. Scientific and official classifications of non-tariff measures are given. The unified non-tariff regulation of the Eurasian Economic Union is studied. The legislation of the Russian Federation on foreign trade activities is analyzed. Problematic examples of correlation of the Union’s law with individual measures of non-tariff regulation introduced in Russia and other member states are unilaterally demonstrated. Conclusions about the system of non-tariff regulation in the context of the Eurasian economic integration and about the possibilities of member states to apply non-tariff measures independently are formulated.
Keywords: non-tariff regulation, prohibitions and restrictions on foreign trade in goods, the Eurasian Economic Union law, licensing and quotas, the exclusive right to import and export goods, unilateral non-tariff measures.
Bibliographic list of articles
1. Alekseev S. A. Regulation of the use of non-tariff measures in EU law: Author’s abstract. dis. …cand. legal Sci. – M., 2003. – 28 p.
2. Andreeva E. L., Ilyasov P. V. Problems of improving non-tariff regulation of international trade within the EAEU // Russian Foreign Economic Bulletin. – 2021. – No. 2. – P. 21-38.
3. Galitskaya N.V. Non-tariff regulation of foreign trade activities in customs legal relations: dis. …cand. legal Sci. – Saratov, 2005. – 197 p.
4. Idrisova V.V. Theoretical issues of application of non-tariff regulatory measures in foreign trade: Author’s abstract. dis. …cand. econ. Sci. – M., 2011. – 24 p.
5. International classification of non-tariff measures. – UN Publishing House UNCTAD, 2019. – 94 p.
6. Tyurina N. E. Public interest in international trade law: dis. … doc. legal Sci. – Kazan, 2015. – 443 pp.
7. Khalipov S. V. InterInternational customs law: textbook. – M.: KNORUS, 2023. – 184 p.
8. Shumilov V. M. International economic law in the context of globalization of the world economy (problems of theory and practice): dis. … doc. legal Sci. – M., 2001. – 400 p.
9. Anne-Célia Disdier, Marco Fugazza. A Practical Guide to the Economic Analysis of Non-Tariff Measures. United Nations and World Trade Organization, 2019. – RUR 98
INTERNATIONAL LAW
SMIRNYKH Sergey Evgenjevich
Ph.D. in Law, General Secretary of the Russian Association of International Law
INTERNATIONAL LEGAL STATUS OF CHILDREN AND YOUTH – OBJECTS OF ILLEGAL ADOPTION
The article deals with the international legal status of children and youth – objects of illegal adoption. It is noted that children and youth – objects of illegal adoption, are among the most vulnerable groups of the population. Children and youth especially acutely feel the need for security. Illegal adoption is a threat to the healthy development of children and young people, as well as to the security of states and the international community. The fight against illegal adoptions of children and youth must therefore be aimed at exposing criminal organizations and putting an end to their activities.
Keywords: international legal status, children and youth, illegal adoption, human trafficking, exploitation.
Bibliographic list of articles
1. The situation in the world in the field of crime and criminal justice: Report of the UN Secretary-General // Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders. Vienna, 10-17 April 2000 A/CONF. 187/5.
2. Nechevin D.K. International law and the new international order // Eurasian Legal Journal. 2020. No. 3. P. 31-35.
3. Nigmatullin R.V., Bisyarina A.N. International legal and criminal legal aspects of combating child trafficking: history and development trends // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2017. No. 4 (40).
4. The United Nations Office on Drugs and Crime report on human trafficking exposes a modern form of slavery. [Electronic resource]. – Access mode: https://www.unodc.org/unodc/en/human-trafficking/global-report-on-trafficking-in-persons.html (access date: 01/10/2024).
5. Junjun Zhou, Gang Li, Jiaobei Wang, Tingting Xu, Qifan Nie, Xing Gao, Annan Jin Exploring variations and influencing factors of illegal adoption: A comparison between child trafficking and informal adoption // Child Abuse & Neglect. 2023. 140.
6. Kartashkin V. A. Humanitarian component of a comprehensive system of international security // Soviet Yearbook of International Law. 1987. Publishing house “Science”. M., 1988.
7. United Nations Convention against Transnational Organized Crime and its Protocols. United Nations. New York, 2002.
8. Combating human trafficking and protecting victims of human trafficking. HELP course. M.: Statute, 2018. 240 pp.
9. Linde O.A. Humanity at a crossroads: images of the future / International law and the national interests of the Russian Federation = International law and the National Interests of the Russian Federation / Diplomat. acad. Ministry of Foreign Affairs of Russia, department international law, department international private law resp. ed. A. A. Kovalev, B. L. Zimnenko. – M.: East – West, 2008.
10. Almost a third of trafficking victims are children: Report of the United Nations Office on Drugs and Crime. [Electronic resource]. – Access mode: https://www.unodc.org/unodc/ru/frontpage/2016/December/almost-a-third-of-trafficking-victims-are-children_-unodc-report.html (access date – 10.01 .2023).
11. Convention regarding slavery of 1953 // Collection of existing treaties, agreements and conventions concluded by the USSR. Vol. XVII and XVIII. M., 1960.
12. Convention for the Suppression of Trafficking in Persons and the Exploitation of Prostitution by Third Parties, 1949 // Collection of current treaties, agreements and conventions concluded by the USSR with foreign states. Vol. XVI. M., 1957. pp. 280-290.
13. Charter for European Security 1999 [Electronic resource]. – Access mode: https://www.osce.org/files/f/documents/7/f/125811.pdf (access date: 01/10/2024).
14. United Nations Convention against Transnational Organized Crime of 2000 // Collection of Legislation of the Russian Federation. 2004. No. 40. Art. 3884.
15. United Nations Global Plan of Action to Combat Trafficking in Persons 2010 [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/gp_trafficking.shtml (access date: 01/10/2024).
16. General Recommendation No. 38 on trafficking in women and girls in the context of global migration 2020 [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N20/324/47/PDF/N2032447.pdf?OpenElement (accessed 01/10/2024).
17. Council of Europe Convention on Action against Trafficking in Human Beings 2005 [Electronic resource]. – Access mode: https://rm.coe.int/16805a937a (access date: 01/10/2024).
18. Decision of the Council of Ministers of Foreign Affairs of the member states of the Commonwealth of Independent States “On the draft Agreement on cooperation of the member states of the Commonwealth of Independent States in the fight against trafficking in persons, organs and human tissues 2005 // Bulletin of International Treaties. 2007. No. 6.
19. Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation” // Collection of legislation of the Russian Federation. 1998. No. 31. Art. 3802.
20. United Nations Protocol “On the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children,” 2000 // Collection of Legislation of the Russian Federation. 2004. No. 40. Art. 3884.
21. Resolution adopted by the United Nations General Assembly on 21 December 2010 on the report of the Third Committee (A/65/452)] 65/197 “Rights of the child”. [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N10/664/12/PDF/N1066412.pdf?OpenElement (access date: 01/10/2024).
22. Lukyanova K. A. International cooperation in the fight against illegal export and sexual exploitation of women and children abroad: abstract. dis. …cand. legal Sci. M., 2000. 24 p.
23. United Nations Convention for the Suppression of Trafficking in Persons and the Exploitation of the Prostitution of Others, 1949 // Collection of existing treaties, agreements and conventions concluded by the USSR with foreign states. Vol. XVI, art. 649. M.: State Publishing House of Political Literature, 1957.
24. Laczko F. Human Trafficking: The Need for Better Data. Migration Information Source; International Organization for Migration. Data and Research on Human Trafficking. Feingold, D., 2005. 339 p.
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26. United Nations Office on Drugs and Crime. Global Report on Trafficking in Persons. 2016. – 121 p. [Electronic resource]. – Access mode: https://www.unodc.org/documents/data-and-analysis/glotip/2016_Global_Report_on_Trafficking_in_Persons.pdf (access date: 01/10/2024).
27. Agathangelou A.M. The Global Political Economy of Sex: Desire, Violence, and Insecurity in Mediterranean Nation States. New York: Palgrave Macmillan. 2004. 226 p.
28. COVID-19 and human rights / Academician A. Kh. Saidov. Tashkent, 2020. 357 pp.
29. Human trafficking. Sociocriminological analysis / Under the general editorship of E. V. Tyuryukanova and L. D. Erokhina. M.: Academia, 2002. 224 pp.
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31. Interview with Michael Platzer, cited in Laura Barnitz // Commercial Sexual Exploitation of Children: Youth involved in prostitution, pornography, and sex trafficking. Washington, DC: Youth Advocate Program International, 1998.
32. Engle L. B. The World in Motion: Short Essays on Migration and Gender 63. International Organization for Migration. 2004.
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35. Ivanov E.A. System of international legal regulation of the fight against legalization (laundering) of proceeds from crime: abstract. dis. … doc. legal Sci. M., 2004. 36 p.
36. Gbadamosi O. A. International Perspectives and Nigerian Laws on Human Trafficking, publication of Network for Justice and Democracy First Edition p 21 Retrieved through. 2006.
37. Report of the Special Rapporteur on the sale of children and sexual exploitation of children, including child prostitution, child pornography and the production of other child sexual abuse materials, 2018 [Electronic resource]. – Access mode: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/007/73/PDF/G1800773.pdf?OpenElement (access date: 12/21/2022)
38. Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” // Russian newspaper. 2011. No. 263.
39. Guide to the case law of the European Court of Human Rights. 2002-2016: scientific. – analytical edition. / [Scient. ed. and comp. Yu Yu. Berestnev]. M.: “Development of legal systems”, 2016. 1031 pp.
40. Special Rapporteur on the sale of children and sexual exploitation of children. Illegal adoption. [Electronic resource]. – Access mode: https://www.ohchr.org/ru/special-procedures/sr-sale-of-children/illegal-adoptions (date of access: 01/8/2024).
41. The Hague Convention on the Protection of Children and Cooperation in the Field of Intercountry Adoption, 1993 // International Conventions and Declarations on the Rights of Women and Children. M., 1997.
42. Smolin D. M. Child Laundering: How the Intercountry Adoption System Legitimizes and Incentivizes the Practices of Buying, Trafficking, Kidnapping and Stealing Children. 2004.
INTERNATIONAL LAW
GULYAEVA Elena Evgenjevna
Ph.D. in Law, associate professor of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
GRISHKOVA Mariya Vyacheslavovna
student of the 3rd course of the Faculty of International Relations, specialty “Legal foundations of the organization of foreign policy activities” of the Diplomatic Academy of the MIA of Russia
LEGAL REGULATION OF HUMAN CLONING IN THE NATIONAL LEGISLATION OF LATIN AMERICAN COUNTRIES
The article highlights the issue of legal regulation of human cloning in the national legislation of Latin American countries. The authors analyze international treaties in the field of protection of fundamental human rights and freedoms, devoted to the legal issues of cloning of human beings at the universal and regional levels; reveal the content of the concept “beginning of life” and the legal status of the “embryo”. The study addresses ethical, religious and legal issues. The article emphasizes that the national legislation of Latin American countries prohibits human cloning.
Keywords: legal regulation of human cloning, reproductive cloning, therapeutic cloning, human rights, right to life, child rights, somatic rights, Universal Declaration of Human Rights, American Declaration of the Rights and Duties of Man.
Bibliographic list of articles
1. Midlovets M.V., Samadinov M. Current ethical and legal issues of cloning // Russia and the world community: economic, social, technical and technological development: collection. scientific tr. based on materials from the I International Multidisciplinary Forum (03/15/2017) – M.: NOO “Professional Science”, 2017. – P. 282-284.
2. Gromov V. G., Yaroshchuk A. V. The problem of human cloning: legal and moral and ethical aspects // Fundamentals of Economics, Management and Law. – 2020. – No. 6 (25). – P. 60.
3. Abashidze A. Kh., Gulyaeva E. E., Trikoz E. N. Technique and practice of international rule-making: challenges and solutions (review of materials of the International ESIL Conference) // Bulletin of RUDN University, Series Legal Sciences. – 2022. – Volume 26. – No. 2.
4. Isasi R. M., Knoppers B. M., Singer P. A., & Daar A. S. Legal and Ethical Approaches to Stem Cell and Cloning Research: A Comparative Analysis of Policies in Latin America, Asia, and Africa. // The Journal of Law, Medicine & Ethics. – 2004. – No. 32 (4). – R. 626-640.
5. Lavrik M. A. On the theory of somatic human rights // Siberian Legal Bulletin. – 2005. – No. 3. – P. 24-25.
6. Pikurov N.I. Private life and criminal law: searching for a balance of interests of the state and the individual: monograph. – M.: Jurayt. 2021. – P. 127.
7. Kovler A.I. Anthropology of Law. – M., 2002.
8. Gulyaeva E. E. Legal grounds for restricting the right to freedom and personal security under the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. – Moscow: Yurlitinform, 2013. – 208 p.
9. Trikoz E. N., Gulyaeva E. E. Positions of the ECtHR on some issues of bioethics and genetic data // Advances in Law Studies. – 2018. – T. 6. – No. 4. – P. 36-40.
10. Kokambo Yu. D. Somatic human rights as a new generation of individual rights // Bulletin of the Amur State University. Series: Humanities. – 2015. – No. 68.
11. Kruss V.I. Personal (“somatic”) human rights in the constitutional and philosophical-legal dimensions: towards the formulation of the problem // State and Law. – M.: Nauka, 2000. – No. 10. – P. 43-50.
12. Semenova N. S. Ban on abortion in the light of the protection of traditional values: international legal aspect // Gaps in Russian legislation. – 2016. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zapret-na-aborty-v-svete-zaschity-traditsionnyh-tsennostey-mezhdunarodno-pravovoy-aspekt.
13. Cossio J. R. Derecho y Bioética // Perspectivas de Bioética / Ed. by J. González Valenzuela. – Mexico: University Nacional Autónoma de Mexico, 2013. – P. 302-303
14. Denisenko Vladislav V., Trikoz Elena N. Biopolitics and Law Issues of Emergency Situations in the Context of Coronavirus Pandemia // E3S Web of Conferences. – 2020.- Vol. 180. – R. 1-9.
15. Alvarez-Díaz, J.A. Bioética latinoamericana o bioética en Latinoamérica [Latin American bioethics or bioethics in Latin America?] // Revista Latinoamericana de Bioética (1). – 2012. – P. 10-27.
16. Bulle Goyri V. M. Bioética, Derecho y Derechos Humanos // Perspectivas de Bioética. – Mexico, 2013.
17. Volnei Garrafa, Thiago Rocha da Cunha, Camilo Manchola. Access to Healthcare: A Central Question within Brazilian Bioethics // Cambridge Quarterly of Healthcare Ethics. – 2018. – Vol. 27 (03). – P. 431-439.
INTERNATIONAL LAW
DELEGEOZ Elena Gennadjevna
Ph.D. in historical sciences, associate professor of Constitutional and administrative law sub-faculty of the St. Petersburg State University of Economics
TERRITORIES IN INTERNATIONAL LAW
The article analyzes the concept, the essence of the territory of the state, its significance for the existence of the state, the dynamics of the development of the concept of the territory of the state, the problem of deterritorialization. It is established that in order to qualify as a territory, the object over which sovereignty is claimed must be “natural” (i.e. it arose naturally, and not created or modified by humans). It is revealed that one of the main arguments in favor of deterritorialization are technological progress, especially information and communication technologies, and globalization. It is concluded that it is necessary to discuss the final form of development of the concept of territory, which is not completely based on physical space, i.e. the concept of territory needs to be expanded. The article may be useful to research scientists, including for further comprehensive scientific development of this problem, as well as in educational activities in the preparation of scientific and scientific-pedagogical personnel, in academic work with law students.
Keywords: territory, state, sovereignty, jurisdiction, international law, power, deterritorialization, reterritorialization.
Bibliographic list of articles
1. Baburin S.N. World of Empires: territory of the state and world order. M., 2010.
2. Burkett P. Marx and Nature. New York: St Martin’s Press, 1999.
3. Crawford J. The creation of states in international law. 2nd ed. Oxford: Oxford University Press, 2006.
4. Dorsett S. and McVeigh S. Jurisdiction. Abingdon: Routledge, 2012.
5. Ford R. Law’s Territory // A History of Jurisdiction. 1999.
6. Gilley B. The Meaning and Measure of State Legitimacy: Result for 72 Countries // European Journal of Political Research. 2009.
7. Hill N. Claims to Territory in International Law and Relations. Oxford: Oxford University Press, 1945.
8. Jennings R. Y. The Acquisition of Territory in International Law. Manchester: Manchester University Press, 1963.
9. Jennings R. and Watts A. (eds.). Oppenheim’s international law. 9th edn. Vol. I. Oxford: Oxford University Press, 2008.
10. Island of Palmas Case (Netherlands v USA) (1928) II RIAA 829; ICGJ 392, Permanent Court of Arbitration.
11. Kelsen H. The pure theory of law and analytical jurisprudence // Harvard Law Review. 1941.
12. Lauterpacht H. Private law sources and analogies of international law (with Special Reference to International Arbitration). New York: Longmans, Green and Co, 1927.
13. Maritime Delimitation in the Caribbean Sea and the Pacific Ocean (Costa Rica v. Nicaragua) (Judgement) [2018] ICJ Rep.
14. Maritime Dispute (Peru v Chile) (Judgement) [2014] ICJ Rep 4.
15. Philippines v China (South China Sea Arbitration) (2016) PCA Case No 2013-19; ICGJ 495, Permanent Court of Arbitration.
16. Pospecu G. Deterritorialization and Reterritorialization. In Barney Wharf (Ed.) // Encyclopedia of Geography. SAGE Knowledge, 2010.
17. Re Duchy of Sealand. 80 International Law Reports, 683-685 (Administrative Court of Cologne, 1978).
18. Schmidt C. The concept of nature in Marx. London: Verso, 2014.
19. Schmitt C. The Nomos of the Earth in the International Law of Jus Publicum Europaeum, G. L. Ulmen (trans.). New York: Telos Press Publishing, 2006.
20. Shaw M. Peoples, territorialism and boundaries // European Journal of International Law. 1997. No. 3.
21. Shaw M. Title to territory in Africa. Oxford: Clarendon Press, 1986.
22. Siltz A. (2009). Why Do States have Territorial Rights? International Theory 1.
23. Vidas D. Sea-Level Rise and International Law: At the Convergence of Two Epochs, 2014.
INTERNATIONAL LAW
KRIKUNOVA Sofya Sergeevna
postgraduate student of the 3rd course of the M. M. Speransky Law Faculty of International and integration law sub-faculty of the Institute ofLaw and National Security of the Russian Presidential Academy of National Economy and Public Administration
INTERNATIONAL LEGAL MECHANISMS FOR THE PROTECTION OF INFORMATION HUMAN RIGHTS WITHIN THE FRAMEWORK OF THE AFRICAN UNION: THREATS, REALITIES AND PROSPECTS
Currently, we all live in an information society, our lives are inextricably linked with the daily use of information and telecommunications technologies, which undoubtedly makes life easier for almost any person on Earth. Together with the emergence and introduction of innovative technologies in various spheres of society, there is a need to create effective mechanisms to ensure supervision of the use and dissemination of such technologies. In this regard, a large share of responsibility falls on the States that are responsible for the development and adoption of documents on the protection of human rights in the information space.
Having conducted a study devoted to the analysis of the regulatory regulation of issues related to the protection of information human rights within the framework of the African Union, the author of the article concludes that currently most African States are characterized by a transition from a poorly developed degree of protection of human rights on the Internet to a more serious consolidation of them and the emergence of appropriate safeguards mechanisms respect for human information rights. The article focuses on the need to modernize regional mechanisms for the protection of information human rights in the countries of the African Union and the continuous improvement of such mechanisms, points out the existing gaps in the field of legal regulation of the protection of information human rights , suggests ways to solve a certain list of problems specific to African states.
The author of the article gives recommendations, following which will contribute to strengthening the protection of information human rights on the African continent. Their application within the framework of the African Union will make it possible to increase the effectiveness of monitoring new challenges and threats to information human rights, as well as help reduce the number of violations of such rights, neutralize current risks, and prevent future violations.
Keywords: international protection of human rights in the digital age; human information rights in the legal system of African states; implementation of international guarantees for the protection of human rights in the information space in African countries; international legal regulation of aspects of human rights protection in the context of the development of information and telecommunication technologies; respect for human rights in the information environment; ensuring the protection of information rights human rights within the framework of the African Union.
Bibliographic list of articles
1. African Declaration on Internet Rights and Freedoms. (2013): official text. [Electronic resource]. — Access mode: https://africaninternetrights.org/download (access date: 01/29/2024).
2. African Union Convention on Cyber Security and Personal Data Protection. (2014): official text. [Electronic resource]. — Access mode: https://au.int/en/treaties/african-union-convention-cyber-security-and-personal-data-protection (access date: 01/29/2024).
3. African Commission on Human and Peoples’ Rights. Final Communiqué of the 68th Ordinary Session of the African Commission on Human and Peoples’ Rights from 14 April to 4 May 2021. [Electronic resource]. — Access mode: https://achpr.au.int/en/news/final-communiques/2021-12-05/final-communique-68th-ordinary-session-african-commission-huma (access date: 01/29/2024 ).
4. Association for progressive communications. Digital rights featured prominently at African Commission on Human and Peoples’ Rights 68th session published on May 19, 2021. [Electronic resource]. — Access mode: https://www.apc.org/en/news/digital-rights-featured-prominently-african-commission-human-and-peoples-rights-68th-session (access date: 01/29/2024).
INTERNATIONAL LAW
NUTSALHANOV Gamzat Nutsalhanovich
Ph.D. in Law, associate professor Head of State and legal disciplines sub-faculty of the North Caucasus Institute of the All-Russian University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE CONTENT OF THE NUCLEAR-FREE ZONE TREATY IN THE SOUTH PACIFIC
The subject of this article is the content of the Treaty on a Nuclear-Free Zone in the South Pacific, its shortcomings. The author examines the evolution of the attitude of the countries of the region to this agreement. In addition, the article analyzes the reasons for the successful formation of a nuclear-free zone in this region. The task of writing this article is a comprehensive study of the obligations under the Rarotonga Agreement. The research methodology is based on a historical approach and a formal legal analysis of the provisions of the Contract. The author comes to the conclusion about the significant role of the Tlatelolco Treaty in the process of promoting the idea of the NWFZ, which has already covered more than a hundred countries of the world. Despite the ambiguity of certain provisions of the Treaty, it continues to fulfill its main function of limiting the horizontal proliferation of nuclear weapons. In addition, it served as an example for the creation of other nuclear-weapon-free zones.
Keywords: nuclear weapons-free zone, disarmament, Treaty of Rarotonga, nuclear weapons.
Bibliographic list of articles
1. Treaty on a nuclear-weapon-free zone in the South Pacific. – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1902048 (access date: 12/29/2023).
2. 16th South Pacific Forum, Summary Record, SPEC (85) ref., August 1985.
3. Keith-Reid R. A small step for Mankind // Island Business. – September, 1985. – P. 10.
4. Stinson H and Cochrane J/ The Movement for Regional Arms Control in Latin America // Journal of Inter-American Studies and World Affairs, January 1971. – Vol. XIII, No.1; University of Miami Press, Florida.
5. Robie D. Nuclear debate to the fore again // The Fijian Times. – July 4. 1986. – P. 7.
6. Mediansky F.A. Nuclear Free Security in the South-West Pacific, Australian Outlook // The Australian Journal of International Affairs. – August, 1985. – Vol. 39. – No. 2.
7. Van Dyke, Smith and Siwatibau. Nuclear Activities and the Pacific Islanders, East-West Environment and Policy Institute. – Reprint no. 77. – Pergamon Press Ltd, 1984.
8. Working Group on a Nuclear Free Zone in the Region, Fourth Meeting, Informal Summary Record, SPEC (85) 14, May 1985.
9. Johnson G. Collision course at Kwajalein; Marshall Islanders in the shadow of the bomb, Pacific Concerns Resource Center. – Honolulu, 1984.
10. Thakur R. A Nuclear-Weapon Free South Pacific: A New Zealand Perspective, Pacific Affairs // An International Review of Asia and the Pacific. – Vol. 58. – Summer of 1985. – R. 217.
11. Fry G. A Nuclear-Free Zone for the Southwest Pacific // Prospects and Significance, Working Paper No. 75. – National Library of Australia. – Canberra, September 1985. – P. 25.
INTERNATIONAL LAW
RASTRELIN Viktor Evgenоevich
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship university of Russia
PARTICULAR ASPECTS OF THE PROTECTION OF THE RIGHTS OF MIGRANTS AT THE UNIVERSAL LEVEL
The article explores issues related to the institution of promotion and protection of migrants’ rights in the context of the system of human rights protection at the universal level. The peculiarity of migrants’ rights lies in the fact that the obligations of states to comply with them may be extraterritorial in nature. It is noted that migrants have all human rights, but due to their vulnerable status, they should be provided with additional guarantees. Discrimination against migrants, which is prohibited under international law, is widespread, which factors in the number of cases of arbitrary restriction and violation of human rights in the area of migration. The conclusion is that the norms in the field of protection of migrants’ rights are fragmentary and need further specification.
Keywords: international migration, human rights, International Organization for Migration, international law, international legal regulation of migration.
Bibliographic list of articles
1. Belousova A. A. The right to health in modern international law: dis. …cand. legal Sciences: 12.00.10. – Moscow, 2015. – 199 p.
2. Dutov P. O. Constitutional and legal regulation of external labor migration: dis. …cand. legal Sciences 12.00.02. – Moscow, 2022. – 241 p.
3. Kiseleva E. V., Kazhaeva O. S. Human rights approach to migration and the Millennium Development Goals // Russian Legal Journal. – 2015. – No. 6. – P. 131-141.
4. Kiseleva E. V. International legal regulation of migration: a textbook for universities. – 3rd ed., rev. and additional – Moscow: Yurayt Publishing House, 2023. – 241 p.
5. Kurakina Yu. V. Human rights and civil rights: on the issue of extraterritoriality of phenomena // Bulletin of the Moscow State Pedagogical University. Series: Legal sciences. – 2012. – No. 2(10). – pp. 16-24.
6. Markova E. Yu. International protection of the rights of environmental migrants: the activities of bodies, programs and agencies of the UN system // Bulletin of the University named after O. E. Kutafin (MSAL). – 2020. – No. 12(76). – pp. 150-158.
7. Marshin P. L. Grounds for the emergence of extraterritorial obligations of states in oarea of human rights. International relations: history, theory, practice: materials X scientific-practical. conf. young scientists faculty. international Belarusian relations. state University, Minsk, February 5. 2020 / Belarus. state University; Editorial Board: V. G. Shadursky (chief editor) [and others]. – Minsk: BSU, 2020. – pp. 99-105.
8. Savryga K. P. Extraterritorial application of international treaties in the field of human rights (using the example of the right to life) // Law. Journal of the Higher School of Economics. – 2015. – No. 3. – P. 18-26.
9. Terentyeva L. V. Extraterritorial manifestation of the state’s jurisdiction in the conditions of transformation of the perception of its spatial boundaries // Law. Journal of the Higher School of Economics. – 2019. – No. 3. – P. 160-180.
10. Chesnokov A. S. International regulation of the rights of migrants // International processes. – 2010. – T. 8. – No. 1. – P. 89-97.
11. Janig P. Extraterritorial Application of Human Rights // Elgar Encyclopedia of Human Rights. – 2021. – T. 2. – P. 180-191.
12. Macioce F. The Vulnerable Groups and Their Legal Value // The Politics of Vulnerable Groups: Implications for Philosophy, Law, and Political Theory. – Cham: Springer International Publishing, 2022. – pp. 31-59.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor, senior researcher of General theoretical legal disciplines sub-faculty of the North-Western Branch of the Russian State University of Justice
PROSPECTS FOR THE CONSIDERATION OF TECHNOLOGICAL DISPUTES BY THE COURT OF THE EURASIAN ECONOMIC UNION
The purpose of the research undertaken in the article is to identify categories of technology-related disputes that can potentially be considered by the EAEU Court. Methods of analysis and synthesis, formal-logical and problem-theoretical methods were used in the study. As a result of the study, it was revealed that technology-related disputes for the consideration by the EAEU Court are limited to two areas: ensuring the functioning of the single market of services in certain sectors; the application of general principles and rules of competition in the territories of the member states. The EAEU Court did not consider disputes in the field of intellectual property, since the EAEU has not formed its own system of intellectual property protection.
Keywords: judge, court, justice, Court of the Eurasian Economic Union, information and communication systems, technology-related dispute, EAEU law, service sectors, general principles and rules of competition, intellectual property.
Bibliographic list of articles
1. Agalarov V.K. Domain disputes: causes, participants and methods of resolution // Trends in the development of science and education. – 2019. – No. 53-2. – pp. 20-22.
2. Ananyeva M.K., Malko E.A. The Court of the Eurasian Economic Union in the implementation of legal policy // Legal Science. – 2018. – No. 3. – P. 19-23.
3. Baishev Zh. N. Court of the Eurasian Economic Union: problems of functioning // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2019. – T. 14. – No. 1. – P. 57-75.
4. Belousov A.V. Blast furnace disputes in Russia. Commentary on the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 11, 2008 No. 5560/08 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2009. – No. 2. – P. 145-155.
5. Vatyl V. N., Vatyl N. V. Court of the Eurasian Economic Union: supranational level of legal regulation // Bulletin of the Grodno State University named after Yanka Kupala. Series 4. Jurisprudence. – 2020. – T. 10. – No. 3. – P. 130-137.
6. Danilenkov A. International domain disputes in the mirror of the Russian legal system // Economy and Law. – 2013. – No. 3 (434). – pp. 46-63.
7. Dorotenko D. A. Such different domain disputes. on compensation // Bulletin of Economic Justice of the Russian Federation. – 2019. – No. 10. – P. 192-206.
8. Egorova M. Domain disputes: correct formulation of claims // Intellectual property. Copyright and related rights. – 2011. – No. 11. – P. 14-21.
9. Iskakova Zh. T., Karabaev F. Zh. The Court of the Eurasian Economic Union in the formation of the legal system of the integration association // International Scientific Review. – 2017. – No. 2 (33). – pp. 58-60.
10. Kirin A. A. The Court of the Eurasian Economic Union in the system of supranational bodies // Eurasian Union of Scientists. – 2015. – No. 4-9 (13). – pp. 69-72.
11. Neshataeva T. N. The Court of the Eurasian Economic Union: from the legal position to the current law // International justice. – 2017. – No. 2 (22). – pp. 64-79.
12. Neshataeva T. N. Uniform law enforcement is the goal of the Eurasian Court // Russian justice. – 2016. – No. 11 (127). – pp. 5-17.
13. Protazanova A.V. Court of the Eurasian Economic Union (EAEU): legal status and judicial practice in relation to legal and physicalpersons // Russian science in the conditions of reforms: the practical result of innovative transformations. Collection of scientific articles. – Tyumen, 2017. – pp. 66-71.
14. Razbegaev P.V. Domain disputes: problems of execution of a court decision // Copyright. Bulletin of the Russian Academy of Intellectual Property and the Russian Copyright Society. – 2017. – No. 4. – P. 77-86.
15. Rozhkova M. A., Afanasyev D. V. Domain disputes: selected aspects // Law in the Internet. Digest of articles. Ser. “Analysis of modern law” / Rep. ed. M. A. Rozhkova. – M.: Publishing house “Statut”, 2018. – P. 224-245.
16. Savenkov A. N., Chaika K. L., Dyachenko E. B., Entin K. V. The Court of the Eurasian Economic Union and the formation of EAEU law. – M., Prospekt, 2021. – 352 pp.
17. Fastovich G. G., Furzikova A. I., Obvintseva E. E., Surman A. E. Domain disputes // Alley of Science. – 2019. – T. 1. No. 4 (31). – pp. 159-165.
18. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
19. Big Data in Context Legal, Social and Technological Insights / Ed. by Thomas Hoeren, Barbara Kolany. – London: Springer, 2018. – 120 p.
20. Burri M. Big Data and Global Trade Law. – Cambridge: Cambridge University Press, 2021. – 376 p.
21. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
22. Compagnucci M. C. Big Data, Databases and “Ownership” Rights in the Cloud. – London: Springer, 2020. – 308 p.
23. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
24. Murray A. Information Technology Law: the law and society. – Oxford: Oxford university press, 2010. – 596 p.
25. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
26. Rowland D., Macdonald E. Information technology law. 3rd ed. – Abingdon: Cavendish Publishing Ltd., 2005. – 573 p.
27. Shaw T. J. Information and Internet Law: Global Practice. – Cratespace Independent Publishing Platform, 2016. – 454 p.
INTERNATIONAL LAW
TAKSIDI Mariya Alexandrovna
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of International private and business law sub-faculty of the I. T. Trubilin Kuban State Agrarian University
KHATKOVA Marina Ramazanovna
student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University
PROSPECTS FOR THE LIBERALIZATION OF CONFLICT OF LAWS REGULATION OF PROPERTY RELATIONS IN RUSSIAN LEGISLATION
An analysis of the trends in the development of conflict of laws regulation of property relations at the national legal and international legal levels, as well as the patterns of formation of the scope of application of the conflict of laws link “the law of the country where the thing is located” and its modifications, with the help of which the property statute is determined, showed that today a trend is emerging of liberalization of conflict of laws regulation of property rights.
Keywords: conflict of laws rule, liberalization, property rights, international treaty, systematization of law.
Bibliographic list of articles
1. Glinshchikova T.V., Vinogradov D.A. Development of international legal regulation of maritime carrier liability // Problems of economics and legal practice. – 2021. – T. 17. – No. 3.
2. International private law: textbook: in 2 volumes / E. A. Abrosimova, A. V. Asoskov, A. V. Bankovsky and others; resp. ed. S. N. Lebedev, E. V. Kabatova. – M.: Statute, 2015. – T. 2: Special part.
INTERNATIONAL LAW
SOLOVYOVA Anna Sergeevna
adjunct of Human rights and international law sub-faculty of the Faculty of Training Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ISSUE OF THE SPECIFICS OF THE IMPACT OF THE POSITIONS OF THE UN HUMAN RIGHTS COMMITTEE ON THE LAW ENFORCEMENT PRACTICE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AND THE SUPREME COURT OF THE RUSSIAN FEDERATION ON CERTAIN ASPECTS OF THE RIGHT TO A FAIR TRIAL
The article analyzes certain aspects concerning the right to a fair trial in the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation related to the resumption of criminalproceedings due to new circumstances, taking into account the legal positions of the UN Human Rights Committee. The nature of the legal impact of the acts of the UN Human Rights Committee on these issues on the law enforcement practice of the Russian Federation is determined.
Keywords: human rights, human rights protection, fair trial, criminal proceedings, UN Human Rights Committee, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation
Bibliographic list of articles
1. International Covenant on Civil and Political Rights. Adopted by resolution 2200 A (XXI) of the UN General Assembly of December 16, 1966 // Official website of the UN. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml (accessed January 25, 2024).
2. UN Human Rights Committee. General Comment No. 33. CCPR/C/GC/33 (25 June 2009). § 11. [Electronic resource]. – Access mode: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2FGC%2F33&Lang=ru (access date 01/30/2024).
3. Determination of the Constitutional Court of the Russian Federation dated June 28, 2012 No. 1248-O “On the complaint of citizen Andrey Anatolyevich Khoroshenko about the violation of his constitutional rights by paragraph 5 of Article 403, part four of Article 413 and parts one and five of Article 415 of the Criminal Procedure Code of the Russian Federation” . [Electronic resource]. – Access mode: http://doc.ksrf.ru/decision/KSRFDecision105554.pdf (access date 01/30/2024).
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 14, 2021 No. 43 “On the application by courts of the norms of Chapter 49 of the Criminal Procedure Code of the Russian Federation governing the resumption of criminal proceedings due to new or newly discovered circumstances based on the conclusion of the prosecutor.” [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/30614/ (date of access: 01/30/2024).
5. Konnov V. A. On the issue of the prospects for the participation of the Russian Federation in international treaty mechanisms for the protection of human rights // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot. 2022. No. 6. P. 144-147.
6. Kosolapov M. F. The influence of considerations (opinions) of human rights committees on Russian legislation and law enforcement practice // Bulletin of the SSLA. 2022. No. 5 (148). pp. 92-100.
7. Solovyova A. S. Regulation of the human right to a fair trial in the norms of international law and domestic acts of individual countries (comparative legal analysis) // Law and Politics. 2023. No. 3. P. 57-70.
INTERNATIONAL PRIVATE LAW
LOPATKO Arina Dmitrievna
student of the 4th course bachelor’s degree of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
MORDOVTSEVA Mariya Maximovna
student of the 4th course bachelor’s degree of the Faculty of Law of the I. T. Trubilin Kuban State Agricultural University
GLINSHCHIKOVA Tatyana Vadimovna
Ph.D. in Law, associate professor, associate professor of Private and business law sub-faculty of the I. T. Trubilin Kuban State Agricultural University
INTERNATIONAL LEGAL REGULATION OF CROSS-BORDER RELATIONS IN THE FIELD OF SOCIAL SECURITY
The scientific article considers the international legal regulation of cross-border relations in the field of social security as the right to social health care, pension provision and protection, medical care, is recognized as a fundamental basis for the fundamental provisions and implementation of the basic rights and freedom of each person. International legal regulation is implemented through various international agreements and conventions. These documents provide a legal basis for cooperation between states in the field of social security and protection of the rights of citizens outside their country.
Keywords: international legal regulation, social security, cross-border relations.
Bibliographic list of articles
1. Glinshchikova T.V., Vinogradov D.A. Development of international legal regulation of maritime carrier liability // Problems of economics and legal practice. – 2021. – T. 17. – No. 3.
2. Current problems of labor law. Textbook for masters / Ed. N. L. Lyutova. – M.: Prospekt, 2017.
THEORY OF STATE AND LAW
ARKHIPKIN Igor Valerjevich
Ph.D. in economical sciences, professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
THE RATIO OF CRIME AND MISCONDUCT: THEORETICAL AND LEGAL ASPECT
The article analyzes the concepts of crime and misconduct, set forth both in works on the general theory of law and in sectoral legislation. It is noted that the concept of crime has been one of the most controversial and debated legal categories for a long time. Attention is paid to some controversial issues in the definition of the concept of crime and its separation from misconduct. In conclusion, the essential differences of the crime are formulated, which make it possible to distinguish the crime from related legal categories, including misconduct.
Keywords: theory of law, crime, misconduct, illegality, punishability, harm.
Bibliographic list of articles
1. Kornakova S.V., Zavgorodneva E.V. Composition of the crime and the subject of proof: to the discussion about the relationship of concepts // All-Russian Criminological Journal. – 2021. – T. 15. No. 4. – P. 495-501.
2. Martsev A.I. General questions of the doctrine of crime. – Omsk, 2000. – 135 p.
3. Epifanova E. V. Crime as a legal category in science and legislation of Russia: history of development and features of the current state: monograph / Ed. V. V. Momotova. – M.: Yurlitiform, 2013. – 397 p.
4. Soktoev 3. B. On the concept of crime, criminal offense and criminal act // Judge. – 2016. – No. 6. – P. 37-40.
5. Paliy V.V. Crime and misdemeanor: problems of correlation // Lex Russica (Russian law). – 2017. – No. 7 (128). – pp. 112-124.
6. Smirnov A. M. On the definition of the concept of “crime” in the criminal code of the Russian Federation // All-Russian Criminological Journal. – 2018. – T. 12. No. 3. – P. 417–423.
7. Baleeva E. L., Epifantseva T. Yu. [etc.] Jurisprudence: textbook. allowance / Under general ed. S. V. Kornakova, E. V. Chigrina. – Irkutsk, 2011. – 453 p.
8. Ivanova Zh. V. Compensation for moral harm in criminal proceedings // News of the Irkutsk State Economic Academy. – 2006. – No. 6. – P. 118-121.
9. Rozhnov A.P. Does Russian law need a category of public danger? // Legal Concept. – 2017. – T. 16. No. 3. – P. 38-42.
10. Kornakova S. V. On the issue of the principle of justice in Russian law // Questions of jurisprudence. – 2012. – No. 4 (16). – pp. 81-87.
11. Kornakova S.V. Signs of a crime or signs of a crime should be the basis for initiating a criminal case? // Legal science and law enforcement practice. – 2022. – No. 3 (61). – pp. 48-56.
12. Certificate on the results of generalization of judicial practice of application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (insignificant act). – [Electronic resource]. – Access mode: http://oblsud.irk.sudrf.ru/modules.php?name=docum_sud&id=431 (date of access: 01/27/2024).
13. Theory of State and Law: Textbook / Ed. M. N. Marchenko. – M.: Prospekt, 2018. – 636 p.
THEORY OF STATE AND LAW
GOGURCHUNOVA Zukhra Daudovna
magister student of the 2nd year of correspondence studies of the Institute of Law of the Dagestan State University, Makhachkala
MAGDILOV Mazhid Magdievich
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University, Makhachkala
ATTORNEY-CLIENT PRIVILEGE: PROBLEMS OF THEORY AND PRACTICE
The scientific article explores the actual aspects of attorney-client privilege in the context of the modern legal system. The authors analyze the theoretical foundations of attorney-client privilege, highlighting the key problems associated with its definition and scope. Particular attention is paid to the practical aspects of attorney-client privilege, including its role in ensuring justice and law and order. The article also examines the issues of confidentiality and professional ethics of lawyers. The study provides valuable recommendations and conclusions to improve the understanding and application of attorney-client privilege in modern legal practice.
Keywords: lawyer, attorney-client privilege, ethics, responsibility, principal, professional ethics.
Bibliographic list of articles
1. Bogdanovskaya V. A. The constitutional and legal aspect of the protection of professional secrecy of lawyers and representatives and some problems of implementation // Current problems of the theory and practice of constitutional proceedings. – 2020. – No. 15. – P. 64-71.
2. Kryukova Yu. A. Problems of maintaining attorney-client privilege // Forum of young scientists. – 2020. – No. 7 (47). – pp. 152-159.
3. Kunitsyna O. V. Problems of maintaining attorney-client privilege in the constitutional and legal space of ensuring and protecting human and citizen rights // Human rights: history, theory, practice. – Kursk: Closed Joint Stock Company “University Book”, 2022. – P. 178-182.
4. Litvintseva N. Yu., Saribekyan A. V. Advocate privilege and criminal procedure law: limits of interference // Siberian criminal procedural and forensic readings. – 2019. – No. 4 (26). – pp. 128-136.
5. ConvulsionsGina E.V. Advocate privilege as a problem of moral regulation of the activities of a lawyer in Russia // Alley of Science. – 2019. – T. 1. No. 1 (28). – pp. 49-54.
THEORY OF STATE AND LAW
JAFAROV Ilyas Khikmet ogly
philosophy doctor in Law, lecturer of Theory and history state and law sub-faculty of the Faculty of Law of the Baku State University
ELEMENTS OF LEGAL NIHILISM AND THEIR ELIMINATION
The article states that legal nihilism manifests itself as individual, collective and mass legal nihilism, depending on the degree of neglect of legal norms by legal subjects in society. It is shown that based on the actions of legal subjects, it is possible to draw conclusions about the existence and consequences of legal nihilism. So, it can be active and passive, deliberate and spontaneous depending on the situation.
Keywords: nihilism, law, ideology, psychological structure.
Bibliographic list of articles
1. Aslomov A. G. “Activity and attitude. – M.: MSU, 1979. – P. 151.
2. Bondarev A. S. “Legal nihilism is a form of legal anti-culture of the individual // Legal sciences. Bulletin of Perm University. – 2011. – pp. 21-43.
3. Kuliyev E. The role of NGOs in the formation of civil society in Azerbaijan. Collection of analytical articles. – 2004. – Backus. – P. 21-30.
4. Semenov V. E. “Problems of provost nihilism” // Black holes in Russian legislation. – 2008. – No. 3. – P. 258-260.
5. Shchegortsov V. A. “Sociology of legal consciousness.” – M.: Mysl, 2011. – P. 174.
6. Shcherbakova N. In “Legal attitude and social activity of the individual.” – M.: Legal literature, 1986. – P. 125.
THEORY OF STATE AND LAW
NEDZELYUK Tatyana Gennadjevna
Ph.D. in historical sciences, leading researcher at the Tobolsk Complex Scientific Station of the Ural Branch of the Russian Academy of Sciences, professor of Theory and history of state and law sub-faculty of the Siberian Institute of Management – branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE ROLE OF LAWYERS IN THE DEVELOPMENT OF A NETWORK OF SETTLEMENTS IN WESTERN SIBERIA: THE CASE OF KAINSK
The article is devoted to the characteristics of the corpus of documentary materials of the Tomsk Provincial Administration Fund as part of the State Archive of the Tomsk region. The role of personalities in the formation and development of a network of settlements in the Trans-Ural region is studied and established. This article is the next in a series of analytical materials that we have prepared to cover the activities of state bodies of the Russian Empire in the context of regulating state-confessional relations in the Siberian region.
Keywords: Siberia, Tomsk province, Tomsk provincial administration, settlements of Western Siberia, Kainsk, notary, Myagchillovich-Volsky.
Bibliographic list of articles
1. Adonyeva I. G. Discussions about local justice in Western Siberia in the second half of the 19th – early 20th centuries. in the context of the professional legal consciousness of lawyers in the region // Humanities in Siberia. – 2011. – No. 2. – P. 22-25.
2. Burmatov A. A. Demographic history of Kainsk – Kuibyshev and its surroundings. Novosibirsk: Novosibirsk State Publishing House. ped. University, 1997. – 162 p.
3. State Archive of the Tomsk Region (GATO). Fund 3: Tomsk provincial administration. – Op. 2. – D. 5283; Op. 41. – D. 663.
4. Krestyannikov E. A. Themis in Siberian: 700 miles of jelly to slurp // Rodina. – 2021. – No. 4. – pp. 122-125.
5. Nedzelyuk T. G. “Letters to the authorities”: reflection of migrants from Western and Eastern Siberia regarding state-confessional policy (second half of the 19th – first quarter of the 20th centuries) // Peoples and Religions of Eurasia. – 2021. – T. 26. – No. 3. – P. 174-183.
6. Tatarnikova A.I. Development of sociocultural infrastructure in rural settlements of the Tobolsk and Tomsk provinces at the beginning of the twentieth century: comparative analysis // Genesis: historical studies. – 2022. – No. 1. – P. 1-8.
7. Churkin M.K. “Resettlement business” in the second half of the 19th – early 20th centuries. as a sphere of intellectual reflection and communication of Russian authorities and society of the pre-Soviet period // News of Irkutsk State University. Series: History. – 2021. – T. 35. – P. 6-13.
THEORY OF STATE AND LAW
TOGOTIN Vladimir Vladimurovich
competitor, St. Peter’s general church postgraduate and doctoral studies Cyril and Methodius
THE SEAL OF CONFESSION AS A PROFESSIONAL SECRET
Тhe article attempts to analyze the concepts of the normative nature of the seal of confessession in the context of secular law, in the understanding of this phenomenon by the scientific community and civil society. The concepts of secrecy and professional secrecy are considered; the types of secrets existing in everyday life and enshrined in literature have been identified. Considerable attention is paid to the reflection of the concepts of secrecy and professional secrecy in the regulatory documents of Russian and world law and the interpretation of these concepts in legal science. It has been revealed that the seal of confession is a type of professional secret that arises in the process of professional activity of clergy and is protected by basic Russian laws. At the same time, the insufficiency of legislative regulation of the seal of confession as a professional secret is noted. Proposals are being made to supplement the Federal Law “On Freedom of Conscience and Religious Associations” and the Code of Administrative Offenses of the Russian Federation with provisions relating to the precise regulation of the secrecy of confession and guaranteeing legislative consolidation of legal guarantees for the protection of the regime of secrecy of confession. It is concluded that the right to confidentiality of confession is an important part of the right to private life, therefore legislative support for its application is mandatory in a modern state.
Keywords: professional secret, religious secret, seal of confession, legal institution, secular law, clergyman.
Bibliographic list of articles
1. Andreev K. M. Features of secrecy in the implementation of constitutional freedom of religion (Russian and foreign experience): dis. …cand. legal Sciences: 12.00.02. – M., 2015. – 228 p.
2. Voroshilin I. A. State policy in the sphere of protection of secrets (Russian experience): dis. …cand. watered Sciences: 23.00.02. – M., 2013. – 221 p.
3. Petrukhin I. L. Personal secrets (man and power). – M.: IGPAN, 1998. – 230 p.
4. Pilipenko Yu. S. Advocate privilege: theory and practice of implementation: dis. … doc. legal Sciences: 12.00.11. – M., 2009. – 409 p.
5. Smolkova I. V. The problem of secrets protected by law in criminal proceedings: dis. … doc. legal Sciences: 12.00.09. – Irkutsk, 1998. – 404 p.
6. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/ (date of access: 02/04/2024).
7. Romanovsky G. B. Constitutional regulation of the right to privacy: dis. …cand. legal Sciences: 12.00.02. – St. Petersburg, 1997. – 188 p.
8. European Union Charter of Fundamental Rights. – [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=178141 (date of access: 02/04/2024).
9. Arnautova A. A. Means of increasing the effectiveness of normative legal acts // Bulletin of the O. E. Kutafin University. – 2018. – No. 4 (44). – pp. 188-193.
10. Kamalova G. G. Issues of systematization of limited access information. // Bulletin of the Udmurt University. Series “Economics and Law”. – 2016. – No. 2. – P. 103-109.
11. Fatyanov A. A. Legal support of information security in the Russian Federation: textbook. – M.: Lawyer, 2001. – 411 p.
12. Ogorodov D.V. Legal relations in the information sphere: dis. …cand. legal Sciences: 12.00.14. – M., 2002. – 243 p.
13. Efremova M. A. Criminal legal protection of information constituting commercial, banking and tax secrets // Bulletin of Perm University. Legal sciences. – 2015. – No. 1 (27). – pp. 124-132.
14. Criminal Procedure Code of the Russian Federation dated December 18, 2001 N 174-FZ (as amended on February 24, 2021). – [Electronic resource]. – Access mode: https://base.garant.ru/12125178/ (access date: 02/04/2024).
15. Universal Declaration of Human Rights (adopted by resolution 217 A (III) of the UN General Assembly on December 10, 1948). – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml (access date: 01/30/2024).
16. Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 04.11.1950) (as amended on 13.05.2004). – [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1000003045 (date of access: 01/30/2024).
17. International Covenant on Civil and Political Rights (Adopted by General Assembly Resolution 2200 (XXI) of December 16, 1966). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_5531/ (access date: 02/04/2024).
18. On freedom of conscience and religious associations. Federal Law of September 26, 1997 No. 125-FZ. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_16218/ (access date: 02/04/2024).
19. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on 24.02.2021; with change and additional, intro. in force from 03/07/2021). – [Electronic resource]. – Access mode: https://normativ.kontur.ru/document?moduleId=1&documentId=462640 (date of access: 02/04/2024).
THEORY OF STATE AND LAW
TUGANBAEV Murat Amangeldievich
competitor of the Saint-Petersburg University of State Fire Service of EMERCOM of Russia, St. Petersburg
FEATURES OF THE LEGAL CONFLICT IN THE PRIVATE LAW SPHERE: THEORETICAL ASPECT
Within the framework of the presented article, the author analyzes the theoretical features of a legal conflict in the private law sphere. At the same time, an interdisciplinary method of cognition is used, including psychology and sociology. The main criteria for distinguishing a private law conflict from a civil dispute are considered. This distinction is based on the fact that conflict is a broader concept, and a civil dispute is part of such a conflict. It is noted that private law conflicts are a type of legal conflicts. The concept and signs of a private law conflict are given.
Keywords: conflictology, legal conflict, conflict in the private law sphere, confrontation, mediation.
Bibliographic list of articles
1. Baranov V. M., Khudoikina T. V. Theory of legal conflict: philosophical and sociological-legal aspects // Yurist-Pravoved. – 2000. – No. 1. – P. 22-28.
2. Dobrina O. V. Features of civil conflict as a separate type of legal dispute // School of young scientists on problems of the humanities: collection of materials of the All-Russian scientific conference, Yelets, November 15-16, 2018. – Yelets: Yelets State University named after. I. A. Bunina, 2018. – pp. 290-296.
3. Kuzbagarov A. N. Legal regulation of relations for the reconciliation of parties in private law conflicts // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2005. – No. 4 (28). – pp. 99-103.
4. Nikitina A. V. On the issue of a legal dispute as a type of legal conflict // Legal and socio-economic problems of modern Russia: theory and practice: collection of articles of the III International Scientific and Practical Conference, Penza, September 21-22, 2014 / Under Edited by N. B. Baranova, A. A. Grachev. – Penza: Penza State Agricultural Academy, 2014. – pp. 46-50.
5. Nemechkin V.N., Chichkina A.P. Legal dispute and legal conflict: problems of correlation // Sociosphere. – 2016. – No. 2. – P. 51-53.
6. Paraskevova S. A. On the definition of a legal conflict and approaches to understanding such a variety as a civil conflict // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2005. – No. 4 (28-2). – pp. 574-582.
7. Romashov R. A. Conflict and compromise as socio-legal forms of legal communication // Compromise in law: theory, practice, technology: Collection of articles based on the materials of the International Scientific and Practical Conference, Nizhny Novgorod, May 29–30, 2014. Volume 1. – Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, 2014. – P. 44-52.
8. Safronova T. N. Understanding the conflict from the point of view of psychology and law // Vestnik VGU. Series: Law. – 2021. – No. 1 (44). – pp. 334-342.
9. Filippova S. Yu. Conflict of subjects as a property of private law activity: experience of instrumental research // Bulletin of Moscow University. Episode 11. Law. – 2014. – No. 2. – P. 11-29.
10. Khudoikina T.V. Prospects for the development of alternative resolution of legal disputes and conflicts in the regions of the Russian Federation // Regionology. – 2005. – No. 4. – P. 61-70.
THEORY OF STATE AND LAW
SHARIFULIN Artem Arturovich
student of the 4th course of the Institute of the Prosecutor’s Office of the O. E. Kutafin Moscow State Law University (MSAL)
THE PROSECUTOR’S OFFICE OF THE RUSSIAN FEDERATION: ABOUT SOME OF THE SPECIFICS OF THE LEGAL STATUS
The article is devoted to the debateable issues of the legal beginnings of the organization and activity of the prosecutor’s office in modern Russia. Based on the analysis of trends in the development of the domestic state apparatus, the features inherent in the Russian prosecutor’s office are formulated, which can serve as a basis for its further modernization in the system of state bodies of Russia.
Keywords: prosecutor’s office of the Russian Federation, synergetic method, state power, separation of powers, prosecutor’s supervision, control, control branch of state power, control power, subsidiary independence.
Bibliographic list of articles
1. Acts of prosecutorial response: textbook / T. I. Otcheskaya, S. Kh. Dzhioev, T. G. Voevodina [and others]. – M.: Prospekt, 2022. – 160 p.
2. Belyaev V. P. Control andsupervision as a form of legal activity: issues of theory and practice: Abstract of thesis. dis. … doc. legal Sci. – Saratov, 2006. – 55 p.
3. Vengerov A. B. Synergetics, legal science, law // Soviet state and law. – 1986. – No. 10. – P. 36-45.
4. Karpov N. N. On the issue of the legal status of the prosecutor’s office of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2. – P. 101-106. – DOI: https://doi.org/10.24412/2073-0454-2022-2-101-106.
5. Kirdyashova E. V. On the question of the possibility of using synergetics in the theory of state and law // Russian law on the Internet. – 2003. – No. 1.
6. Nadin A. N. The place and role of the prosecutor’s office in the system of state authorities of the Russian Federation // Questions of Russian justice. – 2020. – No. 6. – P. 93-105.
7. Nechevin D.K., Polyakov M.M. Administrative and legal forms and methods of combating corruption: a textbook for undergraduate students. – M.: Norma: INFRA-M, 2023. – 128 p.
8. Otcheskaya T. I., Zhukova P. D. Introduction to the specialty and professional ethics: textbook / Ed. T.I. Fatherly. – M.: Prospekt, 2023. – 112 p.
9. Prosecutor’s supervision: textbook and workshop for universities / A.F. Smirnov [and others]; edited by A. F. Smirnova, A. A. Usacheva. – 3rd ed., revised. and additional – M.: Yurayt Publishing House, 2022. – 483 p.
10. Smirnov A.F. On the issue of the power of the prosecutor // Current problems of Russian law. – 2015. – No. 5. – P. 133-137.
11. Ulyanov A. Yu. Constitutionalization of the Prosecutor’s Office of the Russian Federation in the system of public power: Author’s abstract. dis. …cand. legal Sci. – Ekaterinburg, 2020. – 29 p.
12. Chirkin V. E. Public administration: an elementary course. – M.: Yurist, 2001. – 320 p.
13. Chirkin V. E. Control power: monograph. – M.: Yurist, 2008. – 214 p.
14. Sharifulin A. A. On the issue of transformation of the classical principle of separation of powers // Russian jurisprudence: tribune of a young scientist: collection. articles / replies ed. O. A. Andreeva. – Tomsk: Tomsk State University Publishing House, 2022. – Vol. 22. – pp. 20-21.
15. Sharifulin A. A. Control and supervision: on the issue of the relationship of concepts // Issues of Russian justice. – 2022. – No. 17. – P. 99-106.
16. Sharifulin A. A. The control branch of state power as a result of self-organization of the system of separation of powers // Ural Journal of Legal Research. – 2023. – No. 2. – P. 60-64. – DOI: 10.34076/2658_512X_2023_2_60.
17. Sharifulin A. A. State authorities and other state bodies: is there any point in distinguishing them? // Transformation of law: Materials of the IV All-Russian scientific and practical forum of young scientists and students, Yekaterinburg, November 22-27, 2021. – Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2022. – P. 56-60.
18. Sharifulin A. A. Subsidiary independence as a novelty of the principle of separation of powers // Traditions and innovations in the system of modern Russian law: materials of the XXI International Conference of Young Scientists: in 3 volumes. T. 1. – M.: Publishing Center of the University named after O. E. Kutafina (MSAL), 2022. – pp. 339-340.
19. Shobukhin V. Yu. Legal education as a promising direction of prosecutorial activity // Electronic supplement to the Russian Legal Journal. – 2016. – No. 5. – P. 100-106.
THEORY OF STATE AND LAW
DUSTOV Dalerjon Vohidshoevich
postgraduate student of the Institute of Law of the Patrice Lumumba People Friendship University of Russia
THE ROLE OF THE U.S. SUPREME COURT IN RESOLVING THE ISSUE OF RACIAL DISCRIMINATION
This paper examines issues of racial discrimination against black Americans. The research is based on the activities of the U.S. Supreme Court to solve the problems arising on the grounds of race, which is a hot topic throughout the history of the country. In the course of the analysis, the author examines several U.S. Supreme Court decisions that address issues of racial discrimination.
Keywords: discrimination, U.S. Supreme Court, segregation, race, African Americans, human rights.
Bibliographic list of articles
1. The Constitution of the United States of America // “Comments on the Constitution of the United States of America.” – [Electronic resource]. – Access mode: https://constitution.congress.gov/constitution/ (access date: 10/26/2023).
2. Maistrenko G. A. The role of the US Supreme Court in solving problems of racial discrimination: a historical aspect // Education and Law. – 2021. – No. 7. – P. 446-450.
3. Sementsov N. Yu. Congress and civil rights of Americans (1945-1953) // USA. Canada. Economics-politics-culture. – 2012. – No. 11. – P. 59-74.
4. Sogrin V.V. Human rights in the USA: declarations and reality (to the 200th anniversary of the American Constitution). –M., 1987. – 375 pp.
5. Lafitsky V.I. Constitutional system of the USA. – M., 2007. – 320 p.
6. Ginger E.F. The Supreme Court and Human Rights in the USA. – M.: Legal literature, 1981. – 392 p.
7. Zhidkov O. A. The US Supreme Court during the period of imperialism: Abstract of thesis. … kyu.n. – M., 1957. – 13 p.
8. Nitoburg E. L. African Americans in the USA and the Second World War // New and Contemporary History. – 2006. – No. 3. – P. 35.
9. Truman H. Years of Trial and Hope. – New York, 1956. – P. 183.
10. 9 Things You Should Know About Brown v. Board of Education // Jesse Greenspan/HISTORY. – [Electronic resource]. – Access mode: https://www.history.com/news/10-things-you-should-know-about-brown-v-board-of-education (access date: 10/02/2023).
11. Senate confirms first federal Muslim judge in U.S. history // REUTERS. – [Electronic resource]. – Access mode: https://www.reuters.com/legal/government/senate-confirms-first-federal-muslim-judge-us-history-2021-06-10/ (date of collapse: 11/14/2023).< br /> 12. Constitution annotated / Analysis and Interpretation of the U.S. Constitution. – [Electronic resource]. – Access mode: https://constitution.congress.gov/resources/unconstitutional-laws/ (access date: 11/22/2023).
THEORY OF STATE AND LAW
KOZHABAEV Zhanbolat Omirserikovich
competitor of the Saint-Petersburg University of State Fire Service of EMERCOM of Russia
THE LEGAL MECHANISM FOR ENSURING ECONOMIC SECURITY: A THEORETICAL ASPECT
The article focuses on the formation of an optimal model of the legal mechanism for ensuring economic security from the point of view of a theoretical and legal approach. The author attempts to construct such a mechanism, the structure of which includes the following elements: a regulatory framework; relevant legal relations; subjects of economic security and legal means by which the effectiveness of economic security is achieved. Such a mechanism is more attractive from the point of view of the dynamic component of economic security. The author also defines further ways of scientific research of the mechanism of ensuring economic security.
Keywords: legal mechanism; economic security; mechanism for ensuring economic security.
Bibliographic list of articles
1. Baklushina Yu. S. Mechanism of legal support for economic security // Theory of law and interstate relations. – 2022. – T. 1. No. 4 (24). – pp. 176-180.
2. Bobrov F. A. Comparison of the concepts of “legal mechanism” and “mechanism of legal regulation” // Trends in the development of modern jurisprudence: collection of scientific papers of the international student scientific conference of the Law Institute of the Baltic Federal University. Immanuel Kant, scientific electronic publication. – Kaliningrad: Immanuel Kant Baltic Federal University, 2018. – P. 43-49.
3. Vishnevsky A. A. Problems of forming a theoretical model of the administrative-legal mechanism for ensuring the economic security of a modern state // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2013. – No. 7. – P. 180-186.
4. Grishakov A. G., Elfimova E. V., Korkin A. V. Administrative and legal mechanism for ensuring economic security: theoretical aspect // Altai Legal Bulletin. – 2020. – No. 4 (32). – pp. 39-46.
5. Domchenko A. S. Legal mechanism and mechanism of legal regulation: issues of correlation // Evolution of Russian law: Materials of the XVIII Correspondence International Scientific Conference of Young Scientists and Students. – Ekaterinburg: Federal State Budgetary Educational Institution of Higher Education “Ural State Law University”, 2020. – P. 263-265.
6. Erkeev I. Kh. To the theoretical foundations of the study of the state-legal mechanism for ensuring the economic security of Russia // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – T. 7. No. 2 (14). – pp. 27-32
7. Kuzmin I. A. Doctrinal and praxeological foundations for understanding the general theoretical category “legal mechanism” // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 4 (40). – pp. 16-20.
8. Orlova A.V., Zhavoronkina V.A. Organizational and legal mechanism for ensuring the economic security of the Russian Federation // Current problems of the development of science and modern education: Collection of materials of the International Scientific and Practical Conference. – Belgorod: Publishing House “Belgorod”, 2017. – P. 254-256.
9. Rakhmeeva I. I. Assessment of regulatory influence as a legal mechanism for ensuring economic security of the territory // Economic and legal problems of ensuring economic security: Materials of the All-Russian Scientific and Practical Conference / Responsible for the issue E. G. Animitsa, G. Z. Mansurov. – Ekaterinburg: Ural StateNational Economic University, 2018. – pp. 100-103.
10. Samusevich A. G. Mechanism for overcoming law enforcement errors: definition and structural analysis // Eurasian Legal Journal. – 2015. – No. 6 (85). – pp. 152-154.
11. Samusevich A. G. The concept and structure of the mechanism of constitutional law enforcement: problem statement // Fourth international theoretical and legal readings named after Professor N. A. Pyanov: conference materials. – Irkutsk: Interregional public organization “Interregional Association of State and Law Theorists”, 2023. – P. 88-94.
12. Khvostova A. V. “The mechanism of action of law”: the content of the concept // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (94). – pp. 24-30.
HISTORY OF STATE AND LAW
GABDRAKHMANOV Farit Vadutovich
Ph.D.in Law, associate professor, associate professor of Criminal law and process of the Mari State University, Yoshkar-Ola
OFFICE WORK IN THE PROSECUTOR’S OFFICE IN 1922-1926
The article considers the issues of the organization of office work in the prosecutor’s office of the RSFSR in 1922-1926, staffing of this type of activity.
The differences between the office work in the prosecutor’s office of the 1920s and the office work of the prosecutor’s office of today have been established. These include the absence in the early years of its activity of a single government act on record keeping, scientific concepts of record keeping and its structural parts, and the replacement of positions of prosecutors involved in record keeping.
The conclusion is made about the initial use by the prosecutor’s office of office work of the abolished departments of justice, the requirements for personnel to know the rules of office work, the circle of prosecutor’s employees involved in office work (secretaries, clerks, typist, couriers, etc.) is defined, the timing of the transition to the card system of office work is indicated.
Keywords: prosecutor’s office, card system of record keeping, 1922-1926.
Bibliographic list of articles
1. Golovko I.I., Islamova E.R., Plugar D.M. Fundamentals of office work in the prosecutor’s office. – St. Petersburg: St. Petersburg Law Institute (branch) of the federal state government educational institution of higher education “University of the Prosecutor’s Office of the Russian Federation,” 2015. – 144 p. – EDN YNZWHR.
2. Gunderich G. A., Komarova E. A. Organization of office work in the prosecutor’s office // Scientific Bulletin of Crimea. – 2019. – No. 5 (23). – P. 1-7. – EDN UWFWVS.
3. Zverev. Rationalization of the technical apparatus and office work in the prosecutor’s office // Weekly of Soviet Justice. – 1928. – No. 12. – P. 375-377. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3597/1/sovetskaya_yustitsiya_1928_12.pdf (access date: 01/18/2024).
4. Karp N. Rationalization of office work in judicial institutions of the RSFSR // Weekly of Soviet Justice. – 1926. – No. 2. – P. 42-44. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3483/1/sovetskaya_yustitsiya_1926_2.pdf (access date: 02/01/2024).
5. Kobzarev F. M., Kudryashova A. V. Organization of management in the prosecutor’s office: textbook; Kostroma State University. – Kostroma: Kostroma State University, 2019. – 60 p. – ISBN 978-5-8285-0993-5. – EDN ZABEAX.
6. Mukhamedov R. A., Chigrin M. V. Staffing of the prosecutor’s office of the Simbirsk (Ulyanovsk) province in 1922-1928 // Scientific dialogue. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kadrovoe-obespechenie-organov-prokuratury-simbirskoy-ulyanovskoy-gubernii-v-1922-1928-godah (date of access: 12/16/2023).
7. Razvodovskaya A.V., Fomenko E.I. Increasing the efficiency of the office work service in the prosecutor’s office // Collection of scientific works in the “Public Administration” series. – 2023. – No. 29. – P. 128-134. – DOI 10.5281/zenodo.7828399. – EDN KTRHIR. @@ Bolshedvorskaya M.V. The role of documents in the management process (opinion of students studying in the specialty “Organization Management”) // Bulletin of the Irkutsk State Technical University. – 2014. – No. 4 (87). – pp. 165-170. – EDN SBNFRF.
8. Selezneva T. A. Correlation of the concepts of “paperwork”, “documentation support for management” and “document management” (retrospective and modernity) // Document. Archive. Story. Modernity. – 2016. – No. 16. – P. 229-240. – EDN XAKNHV.
9. Smorodov V. On the reform of office work of the prosecutor’s office // Weekly of Soviet Justice. – 1924. – No. 44. – P. 1058-1059. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3427/1/sovetskaya_yustitsiya_1924_44.pdf (access date: 12/20/2023).
10. Fainblit S. Conclusions from practice (About delegal proceedings of the prosecutor’s office) // Weekly of Soviet Justice. – 1924. – No. 27. – P. 631. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3412/1/sovetskaya_yustitsiya_1924_27.pdf (access date: 12/20/2023).
11. Sheptalin A. A. To the 100th anniversary of the prosecutor’s office of Udmurtia: problems of organizational and personnel development // Bulletin of the Udmurt University. Series Economics and Law. – 2023. – T. 33. No. 2. – P. 351-361. – DOI 10.35634/2412-9593-2023-33-2-351-361. – EDN VRVMAF.
12. Sh-n G. Rationalization of office work in the courts and prosecutor’s offices // Weekly of Soviet Justice. – 1925. – No. 49-50. – pp. 1497-1498. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3479/1/sovetskaya_yustitsiya_1925_48-49.pdf (access date: 12/20/2023).
13. Sh. G. A brief overview of the activities of the organizational bureau of the People’s Commissariat of Justice // Weekly of Soviet Justice. – No. 31. – P. 1061-1062. [Electronic resource]. – Access mode: http://elib.uraic.ru/bitstream/123456789/3465/1/sovetskaya_yustitsiya_1925_31.pdf (access date: 02/01/2024).
HISTORY OF STATE AND LAW
DANSHINA Natalya Anatoljevna
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROV Dmitriy Anatoljevich
Ph.D. in Law, associate professor at the Higher School of Jurisprudence and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
THE ROLE OF THE STATE IN THE MANAGEMENT SYSTEM OF CONTROL OVER THE LIFE OF SOCIETY
The article examines the main directions of the state’s activities in the system of governance over the life of society. A brief summary of the influence of the forms and means of control activities of state power is provided, and the boundaries defining the limits of state control over the life of society are shown. The authors identified have the necessary conditions for the implementation of their competence by the regulatory authorities. The modern state policy of the Russian Federation in the field of control activities for all spheres of society is determined.
Keywords: state control, government, society, norms, factors, opportunities, conditions.
Bibliographic list of articles
1. Kolesnikov E.V. Legality as a principle of organization and activity of public authorities // Russian justice. – 2020. – No. 5. – P. 2-4.
2. Korepina A.V., Vasilyeva Ya.V., Peganova Yu.A. State control and supervision in the Russian Federation: textbook; Northwestern Institute (branch) of the O. E. Kutafin University (MSAL). – Vologda, 2022. – 320 pp.
3. Shustrov D. G. The doctrine of the Constitution: textbook: in 2 volumes – T. 1. – Moscow: Prospect, 2023. – P. 18-7199.
HISTORY OF STATE AND LAW
EGOROV Andrey Mikhaylovich
Ph.D. in historical sciences, associate professor, associate professor of State and legal disciplines sub-faculty of the Pskov branch of the St. Petersburg University of the FPS of Russia
EGOROV Igor Andreevich
junior researcher of the research laboratory “Center for Comprehensive Study of Regional Security Problems” of the Pskov State University
THE MAIN TRENDS IN THE DEVELOPMENT OF PUNISHMENTS NOT RELATED TO THE ISOLATION OF CONVICTS FROM SOCIETY IN THE HISTORY OF CRIMINAL LAW IN RUSSIA
The article examines the historical experience of the formation and development of criminal punishments alternative to imprisonment in pre-revolutionary Russia in domestic law. The authors carried out a diachronous comparative legal analysis of the origin and evolution of this kind of punishment in Russian legislation from the Middle Ages to the modern era. The article traces the path of their transformation from prototypes of criminal fines and punishments related to confiscation of property to various types of forced labor and other alternative types of criminal punishments.
Keywords: monetary and property punishment, corporal punishment, procedural and security measures, reference, opala, public works, forced labor.
Bibliographic list of articles
1. Abramova N. G. On the issue of applying punishment in the form of forced labor at the present stage // Penitentiary system, state and society: problems of interaction: materials of the International Scientific and Practical Conference, Pskov, October 15, 2021. – Pskov: Pskov branch of the Academy of the Federal Penitentiary Service of Russia, 2022. – pp. 11-17.
2. Egorov A. M. Historical aspects of measures of a criminal legal nature in domestic legislation // PRobation: problems and development prospects. Collection of materials of the International Scientific and Practical Conference. – Pskov, 2023. – pp. 13-17.
3. Egorov A. M. Features of the organization and relationship between the activities of correctional labor inspections and special commandant’s offices during the period of developed socialism (late 1960s – early 1980s) // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 107-109.
4. Egorov A. M., Egorov I. A. Features of interaction between domestic intelligence services in the north-west of the Russian Empire in the conditions of the First World War // Metamorphoses of History. – 2023. – No. 27.
5. Egorov A. M., Matveeva Zh. V. Legal grounds and criteria for recruiting prisoners into the imperial army of pre-reform Russia in the first half of the 19th century // Personality, law, state: problems of development and interaction. Collection of articles from scientific and representative events. – Moscow, 2023. – P. 151-153.
6. Koloshinskaya N.V. Evolution of theoretical and legal views on criminal punishment in Russia // Scientific notes of St. Petersburg named after. V. B. Bobkov branch of the Russian Customs Academy. – 2007. – No. 1 (27). – pp. 180-197.
7. Maistrenko G. A. Execution of punishments not related to the isolation of convicts from society: organizational and legal aspects // Issues of Russian and international law. – 2023. – T. 13. No. 3-1. – pp. 502-507. – DOI 10.34670/AR.2023.29.44.054.
HISTORY OF STATE AND LAW
EGOROV Petr Mikhaylovich
Ph.D. in political sciences, scientific researcher. Institute for Humanities Research and Indigenous Studies of the North of the Siberian branch of the Russian Academy of Sciences
ON THE ISSUE OF STATE POLICY FOR SCIENTIFIC DEVELOPMENT OF THE ARCTIC ZONE OF YAKUTIA IN THE 1980S
The article examines the development of the policy of the Soviet state in the scientific study of the Arctic and northern regions of Yakutia from the 1980s to the 1990s. During this period, intensive development of the technical direction of research began. At the same time, specialized research devoted to the socio-economic problems of the development of the Arctic regions of Yakutia and improving the quality of life of the indigenous peoples of the North has become widespread. Targeted comprehensive studies of economic, social and environmental problems in the regions of the Arctic zone of the republic began to be carried out. The role of government authorities of the YASSR in the organization of scientific activities in the Arctic regions in the 1970s and 1980s was significant.
Keywords: science policy, scientific research, Arctic, Yakutia.
Bibliographic list of articles
1. Academic science in Yakutia (1949-2009) / Ch. ed. A.F. Safronov, resp. ed. V. V. Shepelev. – Novosibirsk, 2009. – 220 p.
2. Argunov I. A. Industrial and technical development of the region and the process of urbanization in the Yakut Autonomous Soviet Socialist Republic (1945-1985) // Modern social and cultural processes in the cities of the North. Collection of scientific works. Yakutsk, Yakutsk branch of the Siberian Branch of the USSR Academy of Sciences. – 1988. – 8-29 pp.
3. Ermolaeva Yu. N. Russian Academy of Sciences and Yakutia. XX century // Science and education. – 2002. – No. 3. – P. 22-27.
4. Kupershtokh N. A. The formation of academic science in Yakutia and its contribution to the study of the productive forces of the North-East of Russia // Yakut archive. – 2012. – No. 1. – P. 9-18.
5. On measures for the further economic and social development of areas inhabited by the nationalities of the North: Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of February 7, 1980 // Decisions of the party and government on economic issues: Coll. doc. T. 13. April 1979-March 1981 – M.: Politizdat, 1981.
6. Program for the integrated socio-economic development of the Arctic regions of the Yakut Autonomous Soviet Socialist Republic for the period until 2000: Resolution of the Council of Ministers of the Yakut Autonomous Soviet Socialist Republic of February 20, 1989 No. 22 // Resolutions of the Council of Ministers of the Yakut Autonomous Soviet Socialist Republic. No. 1-22. ON RS(YA). f. P52, inventory 42, d. 829.
7. Suleymanov A. A. Academy of Sciences of the USSR and research of the Arctic regions of Yakutia in the late 1940s-1990s. Book one: Socio-humanitarian directions. – Novosibirsk: Science, 2021. – 348 p.
HISTORY OF STATE AND LAW
ISKANDAROVA Gulnara Rifovna
Ph.D. in philological sciences, professor of Foreign and Russian languages sub-faculty of the Ufa Law Institute of the MIA of Russia
THE HITLER YOUTH IN THE HANDS OF THE THIRD REICH AS A TOOL FOR WAGING WAR
In the 20s of the 20th century, dozens of different youth movements operated in Germany. After Hitler came to power, all of them were banned, all but one. What attracted German teenagers to the Hitler Youth? Why did the Reich need to recruit children into its ranks? Why did the organization accept only boys? How did the Hitler Youth change over the years, becomingthe younger brother of the Wehrmacht? How did it finally turn into a death school during the Second World War? Such issues discussed in the article shed light on certain facts from the history of Nazi Germany, which are reinterpreted from the standpoint of modernity and do not lose their relevance in an era of global change, military conflicts and political tension.
Keywords: Hitler Youth, youth, Germany, Hitler, party, movement, NSDAP, Nazism, Europe, war.
Bibliographic list of articles
1. Zvyagintsev A.G. “Hitler Youth” yesterday and today. The Nuremberg International Military Tribunal examined in detail the issue of the influence of Nazi ideology on young people // Union of Criminologists and Criminologists. – 2018. – No. 3. – P. 144-146.
2. Kachanova A. I., Barysheva N. R. Youth organizations of Nazi Germany as a tool of ideological education // Collection of materials of the IX All-Russian scientific and practical conference of young scientists with international participation “Young Russia”, Kemerovo, April 18-21, 2017. – Kemerovo: Kuzbass State Technical University named after T. F. Gorbachev, 2017. – P. 87006.
3. Klimov O. A. Technologies for involving youth in the socio-political process on the example of Nazi Germany // Innovative models and technologies of modern education: materials of the Ushinsky Readings conference, Yaroslavl, March 02-03, 2013. – Yaroslavl: Yaroslavl State Pedagogical University. K. D. Ushinsky, 2013. – P. 198-202.
4. Kolmakov S. A. Youth organization of the Third Reich // History of Victory: a collection of materials from the interuniversity conference dedicated to the 75th anniversary of Victory in the Great Patriotic War, Novokuznetsk, June 30, 2020 – Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2020. – pp. 65-68.
5. Kusanov A. A., Ulyanova N. N. Hitlerjugend // Language and intercultural communication in modern conditions: collection of scientific articles of the Interuniversity scientific and practical conference, Novosibirsk, February 16, 2017. – Novosibirsk: Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation, 2017. – P. 90-93.
HISTORY OF STATE AND LAW
KOVALENKO Natalya Evgenjevna
postgraduate student of the Institute of Law of the Altai State University, Barnaul
ASPECTS OF THE THEORY OF THE SUBJECT OF LAW: HISTORICAL ANALYSIS
This article is devoted to the analysis of the theory of the subject of law in Soviet legislation. An assessment has been made of the formation and development of the category “subject of law” today, and a number of factors have been identified that negatively affect the quality of legal texts. The difficulty in determining the subjects exists due to the insufficiently correct legal technique, expressed in the predominance of polysemy and uncertainty in the texts of legal regulations, caused primarily by the situation of “catch-up law”. The conclusion is made about the need for further development of the theory of the subject of law in legal science.
Keywords: law, L. I. Petrazhitsky, language, legal relationship, subject of law, polysemy, metonymy, N. N. Alekseev, Constitution, theory of law.
Bibliographic list of articles
1. Garayeva L. Kieyzik About some features of the methodology of law of L. I. Petrazhitsky // Thought of L. I. Petrazhitsky and modern science of law: Materials of the international scientific-practical video conference. – Krasnodar: Ecoinvest, 2016. – pp. 96-106.
2. Petrazhitsky L.I. Theory and politics of law. Selected works / Scientific. ed. E. V. Timoshina. – St. Petersburg: University Publishing Consortium “Legal Book”, 2010. – 1104 pp.
3. Maksimova O. D. The class approach and the problem of democracy in the Constitution of the RSFSR of 1918. Ideas of constitutionalism in domestic legislation: materials of the All-Russian Student Legal Forum, Moscow, October 25–26, 2018 / Executive editor T. A. Soshnikova. – Moscow: Moscow Humanitarian University, 2019. – pp. 26-30.
4. Soshnikova T. A. Traditions and innovations in the labor legislation of Russia: from the revolution to the present day. // The influence of the revolutionary events of 1917 on the formation and development of state and law. Materials of the International Student Legal Forum. – M., 2018. – pp. 81-88.
5. Kovalenko N. E. Subject of law and information unit // Digital technologies and law: collection of scientific papers of the II International Scientific and Practical Conference (Kazan, September 22, 2023) / Ed. I. R. Begisheva, E. A. Gromova, M. V. Zaloilo, I. A. Filipova, A. A. Shutova. In 6 volumes. T. 5. – Kazan: Publishing house “Poznanie” of the Kazan Innovation University, 2023. – P. 176-178.
6. Alekseev N. N. Fundamentals of the philosophy of law. – St. Petersburg: Publishing house. Lan, 1999. – 256 p.
HISTORY OF STATE AND LAW
KLIMOV Andrey Yurjevich
Ph.D. in historical sciences, associate professor, chief researcher of the Research Center, Management of the Academy of the MIA of Russia, Moscow
SALNIKOV Alexander Sergeevich
Ph.D. in Law, leading researcher of the Research Center, Management of the Academy of the MIA of Russia, Moscow
THE ORGANIZATION AND ACTIVITIES OF THE REGULAR MOSCOW POLICE DURING THE REIGN OF PETER I
The article, based on an analysis of a wide range of historical and legal sources and research literature, examines the issues of creating a regular police force in Moscow during the reign of Peter I. The article examines the organizational and legal basis for the introduction of the position of Moscow chief police chief and the activities of the Moscow police chief office. The article provides information about the first Chief of Police of Moscow – Maxim Timofeevich Grekov. The system of the Moscow police during its formation, its staffing structure, competence, main areas of activity are studied, and the errors and omissions that occurred during the formation of the police in Moscow are analyzed. The relevance of this is due to the fact that today it is important to study the history of law enforcement agencies in Russia. Knowledge of their structure, competence and forms of work helps to explain events and processes of the past and predict possible options for development and the future. Knowledge of the past has not only theoretical and epistemological significance, but is also an integral component of the study of the present.
Keywords: Moscow, regular police, public order protection, crime control, police chief’s office, chief police officer, police team.
Bibliographic list of articles
1 Tarasov I. The era of confusion between police and justice. 1718-1775 // Legal Bulletin. – 1884. – No. 2 (February).
2 Russian State Archive of Ancient Acts (hereinafter referred to as RGADA) – F. 931. Moscow Police Chief Office, Moscow. – Op. 1.
3 Sizikov M.I. Police reform of Peter I // Jurisprudence. – 1992. – No. 2.
4 RGADA. – F. 931. – Op. 3.
5 Complete collection of laws of the Russian Empire (PSZRI). – Meeting 1. – Vol. 6.
6 Protocols, journals and decrees of the Supreme Privy Council of 1729 – St. Petersburg, 1894. – T. 7. – Type. I. N. Skorokhodova.
7 RGADA. – F. 154. – Letters of grant for estates, ranks and nobility – (collection) from the funds of the Ambassadorial Prikaz and the Collegium of Foreign Affairs. – Op. 2. – D. 250.
8 Central State Archives of Moscow (CSA Moscow) – F. 46. Moscow Police Chief Office, Moscow; Office of the Moscow Chief of Police, Moscow; Office of the Moscow mayor of the Ministry of Internal Affairs, Moscow. – Op. 1. – D. 10.
9 Russian State Historical Archive (RGIA) – F. 1329. Personalized decrees and “highest” orders to the Senate (collection). – Op. 2. – D. 36.
HISTORY OF STATE AND LAW
SERUA Valentina Saulovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the N. I. Lobachevsky National Research Nizhny Novgorod State University
ON THE ISSUE OF THE TASKS OF THE FIRST SOVIET LAW SOCIETY (ON THE EXAMPLE OF THE UKRAINIAN LAW SOCIETY)
The article is devoted to the analysis of goal-setting in the activities of the Ukrainian Law Society as a process of setting and transformation of work tasks in accordance with the real demand of society. The author turns to the little-studied pages of the history of the first Soviet legal societies on the example of the ULS as an alternative to the state forms of organization of the Soviet legal science. On the basis of research of materials of the joint printed publication of the society and the People’s Commissariat of Justice of the Ukrainian SSR “Bulletin of Soviet Justice” the author concludes the gradual expansion of the list of tasks of the ULS, in which along with scientific-cognitive and applied tasks educational and corporate-communication tasks were included.
Keywords: Ukrainian Law Society, Soviet legal scientific societies, “Herald of Soviet Justice”.
Bibliographic list of articles
1. Bulletin of Soviet Justice. Organ of the People’s Commissariat of Justice of the Ukrainian SSR and the UYURO. – Kharkov, 1923, 1924, 1925.
2. Essays on the history of legal scientific institutions in the USSR. – M.; 1976. – 238 pp.
3. Ratner L.I. First legal societies // Soviet state and law. – 1974. – No. 1. – P. 113-115.
4. Bulletin of Soviet Justice. Chronicle. In places. In the Ekaterinoslav legal department of the UYURO. – 1925. – No. 1. – P. 156.
5. Bulletin of Soviet Justice. URYUO. – 1925. – No. 2 (35). -P. 90.
6. Khmelnitsky I. A. Tasks of legal societies // Bulletin of Soviet Justice. – 1923. – No. 6. – P. 157.
HISTORY OF STATE AND LAW
TERYAEVA Evgeniya Vyacheslavovna
Ph.D. in historical sciences, associate professor, associate professor of History, political science and public policy sub-faculty of the Central Russian Institute of Management – branch of the Russian Academy of the National Economic and Public Administration under the President of the Russian Federation, Orel
SENATORIAL AUDITS AS AN ELEMENT OF THE ANTI-CORRUPTION POLICY OF THE RUSSIAN STATE IN THE FIRST HALF OF THE XIX CENTURY
The article examines the process of formation and evolution of the institution of senatorial audits from their establishment by Peter I to the period of their heyday in the first half of the XIX century. Special attention is paid to the revision of Senator N.E. Myasoedov of the Orel province, conducted in 1816. The paper identifies the main types of official abuses and crimes identified by the senator during the audit, the circle of officials brought to justice, the degree of their guilt and the measure of punishment. Criminal cases of officials brought to justice are analyzed and introduced into scientific circulation for the first time. The mechanisms and means of the imperial government’s fight against abuses and crimes in the service are also considered, the role and significance of senatorial audits in the anti-corruption policy of the state is determined.
Keywords: senatorial audit, provincial officialdom, official abuses, anti-corruption policy.
Bibliographic list of articles
1. SAOO. – F. 5. – Op. 1. – D. 268.
2. SAOO. – F. 31. – Op. 1. – D. 505 a.
3. SAOO. – F. 31. – Op. 1. – D. 506.
4. Klyuchevsky V. O. Russian history. Full course of lectures. In 3 books. Book 3. – Rostov n/d: Phoenix, 2000.
5. Mikhalkina T. A. The role of senatorial audits in carrying out reforms in Russia // Bulletin of the Volga Academy of Public Administration named after P. A. Stolypin. – 2006. – No. 10. – P. 5-10.
6. PSZ – I. T.VI. No. 3991. – St. Petersburg: Printing house of the II Department of His Imperial Majesty’s Own Chancellery, 1830.
7. PSZ – I. T.XXV. No. 19.212. – St. Petersburg: Printing house of the II Department of His Imperial Majesty’s Own Chancellery, 1830.
8. Puparev A. Two senatorial audits of the Oryol province under Governor Yakovlev // Proceedings of the Oryol Scientific Archival Commission. – 1984. – Issue. 4. -Eagle: Printing house of S. A. Zaitseva, 1895.
9. Puparev A. Audit of Senator Myasoedov and its consequences // Proceedings of the Oryol Scientific Archival Commission. 1891. Issue. 1. – Eagle: Printing house of S. A. Zaitseva, 1891.
HISTORY OF STATE AND LAW
TUARMENSKY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty of the Academy of Law and Management of the FPS of Russia in Ryazan
BURUKIN Vadim Valerjevich
Ph.D. in historical sciences, associate professor of Philosophy and history sub-faculty of the Academy of Law and Management of the FPS of Russia in Ryazan
PECHERSKIY Daniil Vadimovich
student of the Institute of Training of State and Municipal Employees of the Academy of Law and Management of the FPS of Russia in Ryazan
UNDERSTANDING THE CORRUPTION PHENOMENON THROUGH THE PRISM OF THE ANCIENT INDIAN TREATISE “ARTHASHASTRA”
The article attempts to consider the corruption aspect through the prism of the devel-opment of ancient Indian civilization. The authors pay special attention to the treatise “Arthashastra”, which describes one of the first attempts to understand the phenomenon of corruption. The study describes the causality of the formation of corruption in Ancient India, as well as its counteraction. The grounds for the corruption component in the ancient treatise are presented through incorrect account management of the accounting department; economically inefficient replenishment of the state treasury and the lack of full material support for the management apparatus. The authors refer to anti-corruption measures as the election of officials, as well as the practice of testing officials.
Keywords: Kautilya, Arthashastra, corruption, Ancient India.
Bibliographic list of articles
1. Bongard-Levin G. M. Ancient India. History and culture. – M.: Nauka, 2008. – 412 p.
2. Vezlomtsev V. E., Roman E. M. On the issue of the relationship between mentality and corruption // The Newman in Foreign Policy. – 2019. – No. 50 (94). – pp. 14-17.
3. Vigasin A. A. The doctrine of management and state revenues in the “Arthashastra” // World history of economic thought: In 6 volumes. – T. I. – M.: Mysl, 1987. – 606 p.
4. Kautilya. Arthashastra, or the science of politics. – M.-L.: Publishing House of the USSR Academy of Sciences, 1959. – 802 p.
5. Lelyukhin D.N. The concept of an ideal kingdom in Kautilya’s “Arthashastra” // State in the history of society: (to the problem of criteria for statehood). – M.: Institute of Oriental Studies RAS, 2001. – P. 25.
6. Samozvantsev A.M. “Arthashastra” III. 10.8-17: Experience in interpreting a legal text // Bulletin of ancient history. – 1983. – No. 4. – P. 32-44.
7. Samozvantsev A.M. “Eye of the Sovereign” (spies) in Ancient India: (according to Kautilya’s Arthashastra) // Vostok. – 2010. – No. 3. – P. 18-32.
HISTORY OF STATE AND LAW
FESIK Petr Yurjevich
Ph.D. in Law, associate professor of Theory of state and law sub-faculty of the Volga State University of Water Transport, Nizhny Novgorod
CONCEPTS OF THE INSTITUTION OF CRIMINAL LIABILITY FOR ECONOMIC CRIMES IN THE COUNTRIES OF THE ROMANO-GERMANIC LEGAL FAMILY IN THE LATE XIX – 70S OF THE XX CENTURIES
The article examines issues related to the emergence and development of the institution of economic crimes and responsibility for them, which is unique to criminal law. Economic crimes began to be identified quite late as a special type of offense. In the continental countries of Western Europe there was no unified approach to the definition of economic crimes, their classification and characteristics. Countries of the Anglo-Saxon legal family still apply to economic crimes the classification that arose in the Middle Ages in criminal law. Countries belonging to the Romano-Germanic legal family for quite a long time, until the second half of the 20th century differed in the definition of economic crimes and their social danger. Legislators and law enforcement agencies of the Russian Empire approached the issues of separating economic crimes into a special group and establishing legal liability for them most consistently. The legal approach to this problem, formed in the USSR, differed just as strongly from the legal norms of the continental countries of Western Europe. The author believes that this was facilitated by a special attitude towards the institution of state and private property in the Russian Empire and the emergence of socialist property in the USSR. At the same time, a liberal view of the functions and activities of the state in law enforcement in Western European countries led to the denial of the need to establish criminal liability measures for committing economic crimes at the beginning of the 20th century. Based on a comparative legal analysis of the legislation of countries belonging to the Romano-Germanic legal family, the author concludes that by the 70s of the 20th century two different theoretical approaches to the institution of economic crimes and criminal liability for them was clearly formed. The author proposes to take into account the extensive experience of the Soviet legislative and law enforcement heritage in matters related to economic crime.
Keywords:economic crime, criminal law, criminal liability, property, socialist property.
Bibliographic list of articles
1. Geshelin M.I., Kuznetsova A.N. Characteristics of qualifying features as a means of differentiating responsibility for economic crimes in the criminal legislation of England and the USA // Current problems of criminal law and process at the present stage. – 2019. – No. 8 – pp. 55-61.
2. Gribov A. S. Differentiation of responsibility for economic crimes in Russia, Germany and the USA (comparative legal research) // Author’s abstract. dis. …cand. legal Sci. – Saratov, 2011. – 23 p.
3. Leontyev B. M. Development of norms on criminal liability for crimes in the sphere of economic activity (1813 – 1996) // Bulletin of Moscow University. – Episode 11. Law. – 2013. – No. 3. – P. 74-89.
4. Polyanina A.V. Main trends in the development of the institution of criminal liability for illegal business in Russia // Society and Law. – 2009. – No. 1 (23). – pp. 207-211.
5. Chuprova E. V. Criminal liability for economic crimes under the criminal law of England // Candidate’s dissertation. legal n. – M.: Institute of State and Law of the Russian Academy of Sciences, 2005. – 239 p.
6. Yakubenko A.K. Establishment and implementation of criminal liability for economic crimes in the Russian Federation // Scientific works of the Russian Academy of Advocacy and Notariat. – 2022. – No. 3 (66). – pp. 117-123.
7. Agudo Fernández E., Jaén Vallejo M., Perrino Pérez A. L. Derecho penal applicado: parte especial. Delitos contra el patrimonio y contra el orden socioeconómico – Madrid – Editorial Dykinson – 2.a edición. – 2019. – 320 p.
8. Arlen J. H. Research handbook on corporate crime and financial misdealing, Royaume-Uni de Grande-Bretagne et d’Irlande. – Cheltenham – Edward Elgar Publishing, 2018. – 378 p.
9. Binder M.Weisse-Kragen-Kriminalität // Kriminalistik. – 1962. – No. 16. – pp. 251-256.
10. Booth R. A. What is a Business crime? // Journal of Business & Technology Law. – 2008. – Vol. 3. – Issue 1. – R. 127.
11. Bulai C. Conception et principes du Droit pénal économique. Roumanie. Rapport national // Revue Internationale de Droit penal. – 54. – R. 654.
12. Caujolle P. Droit penal des affaires. – Paris: Dalloz, 1999. – 3 ed. – 220 p.
13. Cavina M. (s. dir.). L’insegnamento del diritto (secoli XII – XX). – Milano, 2019. – 381 p.
14. Crespo E. Demetrio, de la Cuerda Martin M., García de la Torre García F. (s. dir.), Derecho penal económico y teoria del delito. – Valencia: Tirant lo Blanch, 2020. – pp. 194-211.
15. Donà G. La delinquenza negli affari secondo la psicologia criminale la polizia giudiziaria, Italie, Torino, Fratelli Bocca (1927). – V. 7, n. 2. – 2021. – Rr. 883-934.
16. Jiménez Asenjo E., El nuevo Derecho penal económico, Revista de Derecho privado. – Madrid, 1950. – R. 789.
17. Kobe P., Conception et principes du Droit pénal économique. Yougoslavia. National Report // Revue Internationale de Droit Pénal. – 54. – RUR 777.
18. Kretschmer B., Zabel B. (s. dir.), Studien zur Geschichte des Wirtschaftsstrafrechts: Methoden – Analysen – Kritik – Baden-Baden – Nomos Verlag, 2018. – 528 p.
19. Krukowski A., Zoll A. l, Conception et principes du Droit pénal économique. Pologne. Rapport national // Revue Internationale de Droit Pénal. – 54. – R. 493.
20. Launais H., Accarias L., de La Villeguérin Y., Droit pénal financier: traité pratique. – Paris – Dalloz, 1964. – 2-d ed. – 452 p.
21. Lazerges Ch. Nouveaux enjeux de la délinquance économique et financière. – Paris: A. Pedone, 2017. – 220 p.
22. Lehmkuhl M. J., Wohlers W. (s. dir.), Unternehmensstrafrecht: Materiellrechtliche und prozessuale Aspekte. – Basel – Helbing Lichtenhahn Verlag, 2020. – Рp. 95-108.
23. Lepage A., Maistre du Chambon P., Salomon R. Droit pénal des affaires. – Paris: LexisNexis, 2020. – 1016 p.
24. Monagahn C., Monaghan N. Financial crime and corporate misconduct: a critical evaluation of fraud legislation // Royaume-Uni de Grande-Bretagne et d’Irlande. – London, Routledge, Taylor & Francis Group, 2019. – 220 p.
25. Neskusil J., Suchý O. Conception et principes du Droit pénal économique. Tchécoslovaquie. Rapport national // Revue Internationale de Droit Pénal. – 54. – R. 731.
26. Palmer A. Countering economic crime: a comparative analysis, Royaume-Uni de Grande-Bretagne et d’Irlande. – London, Routledge – Taylor & Francis Group, 2018. – 282 p.
27. Pedrazzi C. Conception et principes du Droit pénal économique Rapport national. Italie // Revue internationale de droit penal. – 54. – 1983. – R. 423.
28. Rampioni R. (s. dir.), Diritto penale dell’economia. – Torino: G. Giapichelli editore – l 3° edizione, 2020. – Pp. 1-35.
29. Revue internationale de droit penal. – Vol. 31. – 1953 // Revue internationale de droit compare. – [Electronic resource]. – Access mode: researchgate.net.
30. Ripollés A. Q. Nueva dogmática del Derecho penal económico // Revista de Derecho mercantile. – Vol. XVI. – 1953. – Рp. 242-251.
31. Sikloí G., Kálmán G., Conception et principes du Droit pénal économique. Hongrie. Rapport national // Revue Internationale de Droit Pénal. – 54. – R. 371.
32. Silva Sánchez J.-M., Robles Planas R., et al., Lecciones de derecho penal económico y de la empresa: parte general y especial. – Barcelona: Atelier libros juridicos, 2020. – 762 p.
33. Traversi A., Gennai S., Diritto penale commerciale. – Milanoflori Assago – Wolters Kluwer – 3° edition, 2017. – 406 p.
34. Thérage M. À la recherche d’une définition du droit pénal des affaires dans la doctrine pénaliste européenne de l’Époque contemporaine (XIXe-XXe siècle) // Les Fondements Historiques du droit Europeendes affaires. – Presses de l’Université Toulouse Capitole. – 2017. – pp. 149-207.
35. Thérage M. Aux origines de l’enseignement du droit pénal des affaires: des cours de droit industriel à la création des enseignements universitaires spécialisés (1855 – 1970) // L’enseignement du droit Journées internationales de la Société d’Histoire du Droit. – Paris, 2018.
36. Valette V. (s. dir.). Le droit pénal économique: un droit pénal très spécial? // Acts du colloque organisé le 28 avril 2017 par le Center de droit économique et du développement de Perpignan. – Paris – Cujas, 2018.
37. Vouyoukas C. Conception et principes du Droit pénal économique de la Grèce, Rapport national // Revue Internationale de Droit penal. – 54. – 1983. – Рp. 308-309.
38. Zirpins W., Terstegen O. Wirtschaftskriminalität: Erscheinungsformen und ihre Bekämpfung – Lübeck – Schmidt-Röhmhild, 1963. – 1067 p.
HISTORY OF STATE AND LAW
FOMICHEV Maksim Nikolaevich
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Institute of Economics, Management and Law of the Volga State University of Water Transport, Nizhny Novgorod
LEGAL STATUS AND POWERS OF THE GRAND VIZIER OF THE OTTOMAN EMPIRE
The article is devoted to the analysis of the title, legal status and powers of the Grand Vizier of the Ottoman Empire. As a result of the study, it was revealed that in the regulations of the Ottoman Empire, two titles were consistently used, “vezir-iazam” and “sadrazam”, having Arabic and Persian origin, characterizing the status of the grand vizier. In the modern period, the term “grand vizier” is used only to refer to the head of government of the Ottoman Empire. The author examines the evolution of the legal status and powers of the grand vizier, starting from the first vizier from the Chandarly family, and ending with the beginning of the 18th century. When implementing the research objectives, a problem-chronological method was used, which allows us to analyze regulatory legal acts, the basis of which is the legislation of Mehmet II Fatih and other sultans of the Ottoman Empire, as well as other sources in accordance with the chronology of events. The study showed a gradual increase in the scope of the Grand Vizier’s powers. As a result, the result of this process is the actual removal of the Sultan from government, with all functions concentrated in the hands of the Grand Vizier. The post of Grand Vizier was the highest government rank that a non-Ottoman subject of the Ottoman Empire could achieve. The Grand Vizier had his own regalia confirming his authority, including a tughra similar to that of the Sultan. In this regard, it is concluded that the serious changes that took place in the state structure of the Ottoman Empire in the 30s of the 19th century were associated with the excessive strengthening of the power of the great viziers in the previous period. The result of these transformations was the Tanzimat era.
Keywords: grand vizier, sultan, Ottoman Empire, power, Imperial Council.
Bibliographic list of articles
1. History of the Ottoman state, society and civilization / Ed. E. Iskhanoglu. – T. 1. – M.: Eastern literature. – 2006. – 367 p.
2. Inalcık H. Le droit d’initiative du sultan et les lois de Fâtih (Mehmed II) // Conflits et mémoiresdans les Balkans. – 2011. – 38-39. – P. 289-324.
3. Strauss J. A Constitution for a Multilingual Empire: Translations of the Kanun-ıEsasi and Other Official Texts into Minority Languages” / Herzog Ch.; Malek S. (eds.). The first Ottoman experiment in Democracy. – Istanbul: Orient -Institut, 2016. – 338 p.
4. Uzunçarşıl H. Osmanlı Devletinin Merkezve Bahriye Teşkilatı. – Ankara: Türk Tarih Kurumu Basımevi, 1988. – 632 p.
HISTORY OF STATE AND LAW
BUTOV Sergey Valerjevich
adjunct of the adjunct (full-time and part-time studies) of the Faculty of Training of highly qualified Personnel and Additional Professional Education of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation
THE GENESIS OF SOVIET MILITARY CRIMINAL LEGISLATION DURING THE GREAT PATRIOTIC WAR
The article shows the development of Soviet military criminal legislation during the Great Patriotic War. The main normative legal acts that regulated military-criminal legal relations in wartime conditions are considered. The role of military criminal legislation in strengthening military, labor discipline and law and order is shown, as well as the importance of wartime laws for the defense capability of the Soviet state. In conclusion, it is concluded that it is necessary to use the positive experience of legal regulation of legal relations in the field of military criminal law during the Great Patriotic War in rule-making activities in modern armed conflicts.
Keywords: military criminal legislation, wartime laws, Red Army, NKVD troops, crime, genesis of law, Great Patriotic War.
Bibliographic list of articles
1. Butov S.V. The role of Soviet military legislation in achieving the victory of the USSR in the Great Patriotic War // Current issues in the development of statehood and public law: Materials of the IX International Scientific and Practical Conference. In 2 volumes, St. Petersburg, September 29, 2023. – St. Petersburg: St. Petersburg Institute (branch) of the federal state budgetary educational institution of higher education “All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)”, 2023. – P. 103-114.
2. Isaev M. M., Utevsky B. S., Kareev D. S. Soviet law during the Great Patriotic War. Part 2: Criminal law – Criminal process / Ed. I. T. GolYakov / All-Union. Institute of Law Sci. – M.: Legal. Publishing house of the Ministry of Justice of the USSR, 1948. – 215 p.
3. Deryugin A. A., Butov S. V. Legal grounds for the struggle of the NKVD troops of the USSR against the spreaders of false rumors during the Great Patriotic War // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – T. 9. No. 3. – P. 37-42.
4. Chkhikvadze V. M. Soviet military criminal law: a textbook for legal higher educational institutions / Prof. V. M. Chkhikvadze; Military legal acad. USSR Armed Forces, All-Union. Institute of Law Sciences USSR Ministry of Justice. – M.: Legal. Publishing house of the Ministry of Justice of the USSR, 1948. – 452 pp.
5. Mutigullin A.V. Legal regulation of the activities of government agencies in the fight against the fascist-nationalist underground in the western regions of the USSR (1943-1955) // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. – 2023. – T. 9. No. 4. – P. 318-325.
6. World wars of the 20th century: Doc. and materials in 4 books. Book 4. World War II / Institute of General History of the Russian Academy of Sciences, Assoc. Historians of the First World War, Assoc. historians of the Second World War; Rep. ed. M.Yu. Myagkov. – M.: Nauka, 2005. – 677 p.
CONSTITUTIONAL LAW
AL-BAZZAR Omer Abd Alnafea Khaleel
postgraduate student of Constitutional law and constitutional judiciary sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
CRIMES VIOLATING THE VOTING PROCESS IN SYRIA, EGYPT AND IRAQ (COMPARATIVE ANALYSIS)
This article is an in-depth study of the legislation of three countries, Syria, Egypt and Iraq – in the context of crimes related to voting. The author of the article focuses on the analysis of three aspects: crimes related to voting; against the freedom of voting; and crimes that violate the security and regularity of the voting process. The challenge is to identify differences and similarities in the legislation of these countries, as well as to understand which aspects can be improved to ensure a more fair and transparent electoral process. The study is based on a systematic comparative analysis of the laws of Syria, Egypt and Iraq related to voting crimes. The author uses the methods of legal analysis and comparative law to identify key features and legislative gaps. The article makes a significant contribution to the understanding of legislative features related to electoral processes in the Middle East region. The scientific novelty lies in identifying trends and features specific to each country, as well as proposing constructive measures to improve legislation in order to ensure freer, fairer and safer elections. The results of the study show that there are many differences in the level of strictness of the laws of Syria, Egypt and Iraq in combating these crimes. The author provides recommendations on improving legislation and taking measures to prevent crimes that undermine the voting process.
Keywords: security of the voting process, criminal liability, freedom of voting, Syria, judicial guarantees, Egypt, Iraq, punishment, success of elections.
Article bibliographic list
1. As-Suswa A. A. Democratic Developments in Yemen. -.M.: Walter de Gruyter GmbH & Co KG, 2021. – 178 p.
2. Illegal voting // The New York State Senate. [Electronic resource]. – Access mode: https://www.nysenate.gov/legislation/laws/ELN/17-132
3. Double Voting // National Conference of State Legislatures. [Electronic resource]. – Access mode: https://www.nysenate.gov/legislation/laws/ELN/17-132
4. Compulsory Voting // International IDEA. [Electronic resource]. – Access mode: https://www.idea.int/data-tools/data/voter-turnout-database/compulsory-voting
5. Overview of Federal Criminal Laws Prohibiting Threats and Harassment of Election Workers // CRS Reports. [Electronic resource]. – Available at: https://crsreports.congress.gov/product/pdf/LSB/LSB10781
6. Constitution of Syria (Syrian Arab Republic), published in 2012 // Constitution project. [Electronic resource]. – Access mode: https://www.constituteproject.org/constitution/Syria_2012.pdf?lang=ar
7. Law on General Elections – Law 5 of 2014 // Syrian Parliament. [Electronic resource]. – Access mode: http://www.parliament.gov.sy/arabic/eindex.php?node=5516&cat=327&nid=327&print=1
8. 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
9. 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
10. Law No. 198 of 2017 on the National Election Commission of Egypt // elections.eg [Electronic resource]. – Modeaccess: https://www.elections.eg/images/pdfs/laws/NEAlaw2017-198.pdf
CONSTITUTIONAL LAW
BASHIRINA Evgeniya Nikolaevna
Ph.D. in political science, associate professor of Economic and legal security sub-faculty of the Institute of history and public administration of the Ufa University of Science and Technology
SOME HISTORICAL AND LEGAL ASPECTS OF THE LEGISLATION ON THE ELECTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION
The article examines the gradual development of the electoral law, in terms of the election of the head of the Russian Federation.
The analysis of electoral norms in the period from 1993 to 2024 was carried out, aspects in the past and current legislative acts regarding the requirements for the voting procedure were highlighted.
A proposal has been made to improve Russian electoral legislation.
Keywords: the President, the state, law, electoral law, elections, normative legal acts.
Bibliographic list of articles
1. Preliminary statement on the presidential election in the Russian Federation, 26 March 2000. [Electronic resource]. – Access mode: http://osce.org (access date: 01/08/2024).
2. Rules for registration of self-nominated candidates in the elections of the President of the Russian Federation. Dossier. [Electronic resource]. – Access mode: http://tass.ru/info (date of access: 01/11/2024).
3. Sobyanin S.S. Constitutional reform is not a whim, but a necessity // Journal of Russian Law. – 2002. – No. 12. – P. 13.
4. Bashirina E. N., Rednikov D. V. Legal Institute of Constitutional and Legal Responsibility of the President of the Russian Federation // International Journal of Humanities and Natural Sciences. – 2021. – No. 4-3 (55). – pp. 136-139.
5. Zuga I. M. Legitimate elections: is a turnout threshold necessary? [Electronic resource]. – Access mode: http://council.gov.ru (date of access: 01/08/2024).
6. Bashirina E. N. Constitutional duty of the rule of law // Problems of the status of modern Russia: historical and legal aspect / Collection of articles of the All-Russian Scientific and Practical Conference. – Ufa, 2018. – P. 218.
7. Kotikova D. V. On the problem of legal regulation of remote electronic voting // Citizen. Elections. Power. – 2020. – No. 2 (16). – P. 182.
CONSTITUTIONAL LAW
BUDZISHVILI Tsira Zurabovna
competitor of Constitutional and administrative law sub-faculty of the Kazan (Privolzhie) Federal University
ON QUESTION OF THE ROLE OF THE PRINCIPLE OF LEGALITY IN THE ACTIVITIES OF YOUTH PARLIAMENTS
Youth parliamentarism is a system of representation of the rights and legitimate interests of young people as a special social group, based on the creation and functioning of a special public consultative and advisory structure of young people – the youth parliament – under state authorities or in the order established by them. The article analyzes the general legal principle of legality as a principle of organization of youth parliamentarism activity, which has been legally formalized in the normative legal documents regulating the activity of youth parliaments in the regions of the Russian Federation. The peculiarity of legal principles is the fact that they are generally binding, being enshrined in the relevant legal norms. A comprehensive approach to the analysis of the consolidation of the general legal principle of legality as a principle of organization of youth parliaments’ activity is applied, for example, in the study of this principle a comparative legal analysis was carried out. The article defines the concept of “the principle of legality” and examines its place in the system of legal principles that regulate the activity of youth parliaments. As a result of the study the conclusion is made that the principle of legality, which is basic for youth parliaments, has an important normative-organizing impact on the organization of youth parliaments in the regions of the Russian Federation.
Keywords: legality, the principle of legality, principle of law, principle of parliamentarism, principle of youth parliamentarism, youth, youth parliamentarism.
Bibliographic list of articles
1. Avakyan S. A. Constitutional lexicon: State-legal terminological dictionary. – M.: Justitsinform, 2015. – P. 295-296.
2. Bateeva E. V. Legality and constitutional justice in modern Russia: abstract. dis. …cand. legal Sci. – M., 2003. – P. 6.
3. Great Soviet Encyclopedia (in 30 volumes). Ch. ed. A. M. Prokhorov. Ed. 3rd. – M.: “Soviet Encyclopedia”, 1972. – T. 9. – P. 306.
4. Vlasova T. V. The principle of legality in the context of the rule of law // Agrarian and land law. – 2019. – No. 11 (179). – P. 38.
5. Gagieva. N. R. Principle 3legality in civil procedural law // Business in law. – 2012. – No. 2. – P. 58-61.
6. Gainetdinova K.V., Nagornaya M.S. Features of the implementation of the principles of civil society in the Russian Federation and foreign countries // Bulletin of the Council of Young Scientists and Specialists of the Chelyabinsk Region. – 2022. – No. 2 (37). T. 2. – P. 39.
7. Gumerov T. A. Administrative law: a short course of lectures. – Kazan: Magarif – Vakyt, 2014. – pp. 15-17.
8. Zhinkin S. A., Vysotskaya L. P. On the characteristics of civil society in the context of the implementation of the principles of the rule of law in modern Russia // Bulletin of the Faculty of Law of the Southern Federal University. – 2020. – T. 7. No. 4. – P. 12-16.
9. Zemtsova L. N. Financial and legal principle of legality of banking activities: current research objectives // Bulletin of the Saratov State Law Academy. – 2013. – No. 1 (90). – pp. 154-158.
10. Ignatovich G. F. The essence of the constitutional principle of legality: legality or constitutionality // Bulletin of the Volga Academy of Public Service. – 2010. – No. 4 (25). – P. 83.
11. Kanubrikov V. A. The principle of legality in criminal law of Russia: theoretical and law enforcement problems: abstract. dis. …cand. legal Sci. – Rostov-on-Don, 2011. – P. 8.
12. Kartashkin V. A. Human rights and principles of international law in the 21st century: monograph. – Moscow: Norma: INFRA-M, 2022. – P. 116.
13. Kartashov V. M. Implementation of legality in the conditions of building a social state in Russia: abstract. dis. …cand. legal Sci. – Rostov-on-Don, 2005. – P. 6.
14. Kuzmina M. Yu. The idea of legality in Western European and Russian legal cultures: abstract. dis. …cand. legal Sci. – M., 2011. – P. 11.
15. Kupriyanov A. A. Implementation of the principle of legality in criminal law: abstract. dis. …cand. legal Sci. – M., 2006. – P. 7-9.
16. Kurtiyan O. V. Features of the implementation of the principle of legality in the activities of the Constitutional Court of the Russian Federation // Bulletin of the Chelyabinsk State University. – 2016. – No. 2. – P. 18-21.
17. Maly D. A. Legality as a constitutional principle // International scientific journal “Symbol of Science”. – Saransk, 2015. – No. 6. – P. 234-235.
18. Minaeva S. A. Procedural activities of the head of the investigative body to ensure the rule of law in pre-trial proceedings: abstract. dis. …cand. legal Sci. – M., 2014. – P. 3.
19. Mukhachev I.V., Akritov A.S. Youth parliamentarism is an element of civil society in the constitutional law of Russia // Bulletin of the Stavropol State University. – 2011. – No. 76. – P. 202.
20. General theory of law and state: textbook. / Ed. V. V. Lazareva. M., 2001.
21. Gadfly A.V. The principle of legality in public law: abstract. dis. …cand. legal Sci. – Kazan, 2005. – P.11.
22. Omarov A. O. The role of the prosecutor’s office in ensuring constitutional legality in the Russian Federation: abstract. dis. …cand. legal Sci. – Makhachkala, 2005. – P.3.
23. Fundamentals of state and law: textbook / Rep. ed. A. V. Kornev. – Moscow: Prospekt, 2022. – P. 39.
24. Paliy V. M. Application of law as a condition and form of implementation of the principles of civil society in the Russian Federation // Society and Law. – 2016. – P. 20.
25. Popov V.I. Law in ensuring communication between the state and civil society: monograph. – Moscow: Prospekt, 2023. – 208 p.
26. Principles of public law: monograph / Ed. E. V. Titova, T. P. Podshivalova. – Moscow: Prospekt, 2019. – P. 152.
27. Postnikov A. E., Bondar N. S., Pomazansky A. E. et al. Reform of the organization of public authorities: main directions of implementation: monograph / Responsible. ed. A. E. Postnikov, L. V. Andrichenko; Institute of Legislation and Comparative Law under the Government of the Russian Federation. – Moscow: Norma: INFRA-M, 2023. – 200 p.
28. Sivitsky V. A., Ilyin A. V. Principles of legal regulation in the structure of the federal law: monograph. – M.: Justitsinform, 2011. – 232 p.
29. Suleymanova S. R. Youth public associations of Russia and other CIS countries: monograph. – Moscow: Prospekt, 2023. – 152 p.
30. Suleymanova K. M. The principle of legality in the science of civil procedure // Legal science. – 2016. – No. 6. – P. 170-176.
31. Tagi-zade A. D. The principle of justice and legality in the philosophy of law // Humanitarian and social sciences. – 2011. – No. 6. – P. 80.
32. Tetkin D.V. Legality as a real expression of law: abstract. dis. …cand. legal Sci. – Saratov, 2007. – P.9.
33. Tikhovodova A.V. Specificity of institutions of interaction between civil society and the state in modern Russia // Bulletin of VGAVT. – 2013. – Issue 34. – P. 88.
34. Tumurov Zh. T. Functional characteristics of youth parliamentarism in the modern political system // Bulletin of the Transbaikal State University. – 2015. – 129-130.
35. Ushakov D. N. Large explanatory dictionary of the modern Russian language. – M.: “Aleta-Print”, 2007. – VIII. – P. 241.
36. Khabibullina G. R. General legal principles and constitutional justice in the constituent entities of the Russian Federation: monograph. – Moscow: Prospekt, 2021 – P. 265.
37. Tsaturyan T. M. General legal principle of legality: concept and essence // Business in law. Economic and legal journal. – 2014. – No. 2 – P. 113-115.
38. Legal dictionary-reference book for state and municipal employees / Ed. A. V. Malko, S. E. Channova. – 2nd ed., revised. and additional – Moscow: Prospekt, 2023. – pp. 50-51.
39. Yashina I. A. The principle of legality in the judicial process: constitutional interpretation: abstract. dis. …cand. legal Sci. – Saratov, 2015. – P. 11-13.
CONSTITUTIONAL LAW
GABIEVA Siyasat Magomedovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
GADZHIEVA Saida Ilyasovna
magister student of Constitutional and international law sub-faculty of the Dagestan State University, Makhachkala
INTERACTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION WITH THE PRESIDENT OF RUSSIA
The article discusses some aspects of interaction between the President of Russia and the Constitutional Court of the Russian Federation. Attention is drawn to the changes introduced by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated March 14, 2020. The relevance of the topic of the article is due to the fact that the interaction of the Constitutional Court of the Russian Federation and the President of the Russian Federation is aimed at achieving common goals related, among other things, to the protection of rights and freedoms person. The forms of such interaction are listed. The important status of the President of the Russian Federation in this interaction is emphasized. Attention is focused on promising areas of this interaction. Some changes are proposed aimed at ensuring the independence of judges and harmonizing relations between the Constitutional Court and the President in the exercise of their powers. Conclusions are drawn about the need to improve legislation, methods and forms of interaction between the Constitutional Court and the President of the Russian Federation.
Keywords: The Constitution of Russia, the Constitutional Court of the Russian Federation, amendments to the Constitution of the Russian Federation, the President of the Russian Federation, state bodies, mutual powers.
Bibliographic list of articles
1. Asryan E. A. On the issue of some problems of constitutional and legal responsibility of the President of the Russian Federation // Questions of science and education. – 2021. – No. 28 (153). – pp. 11-15.
2. Baibakova M. B. Problematic aspects of the independence of the judiciary // Young scientist. – 2020. – No. 19 (309). – pp. 279-280.
3. Bayanova A. I., Gataullin A. G. On the forms of interaction between the constitutional court of the Russian Federation and state authorities // Tribune of the scientist. – 2022. – No. 6. – P. 156-159.
4. Vostrikov K.V., Biryukov S.V., Wei Yilin. Changes in the status of the presidential institution in modern Russia in the context of the constitutional reform of 2020 // Ethnosocium and interethnic culture. – 2023. – No. 10 (184). – pp. 36-42.
5. Gabieva S. M. Problems of implementing the Constitution of the Russian Federation after the 2020 amendments // Eurasian Legal Journal. – 2023. – No. 7 (12). – pp. 98-100.
6. Kabulov S. L. Constitutional and legal foundations of interaction between the President of the Russian Federation and the judiciary // Law and modern states. – 2022. – No. 2-3. – pp. 28-34.
7. Kondrashev A. A. Theory of constitutional and legal responsibility in the Russian Federation. – Moscow: MSU, 2011. – 472 p.
8. Ostapovich I. Yu. On the issue of interaction between the Constitutional Court of the Russian Federation and the highest legislative body of Russia // Current problems of Russian law. – 2015. – No. 8 (57). – pp. 194-201.
9. Solodko T. I., Poteshkina D. A., Mansurova K. A., Antonets S. V. Constitutional reform in the Russian Federation in 2020: new powers of the Constitutional Court of the Russian Federation // Current scientific research in the modern world. – 2021. – No. 3-3 (71). – pp. 117-122.
10. Tatarinov S. A. On the forms of interaction between the constitutional court of the Russian Federation and the state authorities of the Russian Federation // Bulletin of Tomsk State University. – 2016. – No. 413. – P. 198-204.
11. Mikheeva T. N. Updating the Constitution of Russia: what to expect for the state and society // Bulletin of the Mari State University. Series “Historical Sciences. Legal Sciences”. – 2020. – T. 6. – No. 3. – P. 277-284.
12. Shadrin D. N. Election of judges as an alternative to their appointment // Issues of Russian and international law. – 2016. – No. 3. – S.226-234.
CONSTITUTIONAL LAW
KICHALYUK Olga Nikolaevna
Ph.D. in Law, associate professor, Head of Constitutional and municipal law sub-faculty (branch) of the Don State Technical University in Shakhty
PROGRAM AND POLITICAL ACTS AS A FORM OF IMPLEMENTATION OF THE INTEGRATIVE FUNCTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION
The article examines the acts of the President of the Russian Federation of programmatic and political content, their types and significance in the context of the implementation of the integrative function of the head of state. The issues related to determining the political and legal significance of the annual presidential addresses to the Federal Assembly of the Russian Federation, as well as strategies, doctrines, state programs and concepts adopted in order to realize the national interests of the Russian Federation and approved by decrees of the head of state are analyzed.
Keywords: President of the Russian Federation, decree, message, strategy, doctrine, program, program and political acts.
Bibliographic list of articles
1. Malyutin N. S. Public power Prepared for the ConsultantPlus system // SPS ConsultantPlus. 2024.
2. Chirkin V. E. Legislative power M: Norma, 2008. 335 p.
3. Osetrov S. A. Functions of presidential power in the Russian Federation // Legal Bulletin of Samara University. 2018. No. 1. Volume 4. P. 29-37.
4. Ozhegov’s Dictionary of the Russian Language. [Electronic resource]. – Access mode: slovarozhegova.ru/word.php?wordid=9988 (access date 01/30/2024).
5. Ebzeev B. S. Constitution, power and freedom in Russia: Experience of synthetic research. Moscow: Prospekt, 2014. pp. 212-215.
6. Radchenko V.I. National idea and ideology of the state in the Constitution of the Russian Federation // Vestnik Sarat. state legal acad. 2015. No. 2. P. 110-115.
7. Malko A.V., Gaivoronskaya Ya.V. Doctrinal acts as the main instrument of legal policy // Law. Journal of the Higher School of Economics. 2018. No. 1. P. 4-25.
8. Kichaluk O. N. Acts of the President of the Russian Federation of programmatic and political content: constitutional and legal characteristics // Scientific and methodological electronic journal “Concept”. 2014. T. 20. P. 2486-2490.
9. Umnova (Konyukhova) I. A., Sarantseva V. S. Programmatic, doctrinal and strategic acts of the President of the Russian Federation in the system of constitutional and legal regulation of ensuring civil peace and security // Education and Law. 2016. No. 12. P. 77-84.
10. Usmanova R. M. Political traditions and political norms: their role in the public regulation of public relations // Legal studies. 2012. No. 2. P. 25-48. [Electronic resource]. – Access mode: https://e-notabene.ru/lr/article_139.html (date of access: 01/31/2024).
11. Kozyuk M. N. Problems of urban development and improvement in the political and legal acts of the President of Russia // State power and local self-government. 2019. No. 9. pp. 20-23.
12. Federal Law of June 28, 2014 No. 172-FZ (as amended on February 17, 2023) “On Strategic Planning in the Russian Federation” // Collection of Legislation of the Russian Federation. 2014. No. 26 (part I). Art. 3378.
13. Kudryashova E. V. Legal regulation of strategic planning in the field of public finance: monograph / Responsible. ed. I. I. Kucherov. M.: IZiSP under the Government of the Russian Federation; INFRA-M, 2019. P. 12.
14. Decree of the President of the Russian Federation dated November 8, 2021 No. 633 “On approval of the Fundamentals of state policy in the field of strategic planning in the Russian Federation” // Collection of legislation of the Russian Federation. 2021. No. 46. Art. 7676.
15. Decree of the President of the Russian Federation dated July 21, 2020 No. 474 “On the national development goals of the Russian Federation for the period until 2030” // Collection of legislation of the Russian Federation. 2020. No. 30. Art. 4884.
16. Decree of the President of the Russian Federation dated July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation” // Collection of legislation of the Russian Federation. 2021. No. 27 (part II). Art. 5351.
17. Order of the Government of the Russian Federation dated May 20, 2023 No. 1315-r “On approval of the Concept of technological development for the period until 2030” (together with the “Concept of technological development for the period until 2030”) // SPS ConsultantPlus. 2024.
18. Decree of the President of the Russian Federation dated December 5, 2016 No. 646 “On approval of the Doctrine of Information Security of the Russian Federation” // Collection of Legislation of the Russian Federation. 2016. No. 50. Art. 7074.
19. Regulations on the council. [Electronic resource]. – Access mode: http://www.kremlin.ru/structure/regulation/1029 (accessed January 29, 2024).
20. Kardashova I.B. Strategic management: reality or myth // Administrative law and process. 2022. No. 7. P. 8-14.
21. Order of the Government of the Russian Federation dated December 21, 2021 No. 3734-r (as amended on October 14, 2023) “On approval of lists of state programs of the Russian Federation, which include areas of activity of federal statesgovernment bodies and (or) other main managers of funds from the federal budget and budgets of state extra-budgetary funds of the Russian Federation // Collection of legislation of the Russian Federation. 2021. No. 52 (part II). Art. 9292.
22. Sadovskaya T. D. National projects: from management decisions to strategic development documents // Financial law. 2022. No. 8. pp. 11-16.
23. Gumerov R. R., Guseva N. V., Martishina A. S. On the coordination of parameters of state programs of the Russian Federation and state programs of the constituent entities of the Russian Federation // Management and business administration. 2020. No. 3. P. 137-147.
CONSTITUTIONAL LAW
MAGOMEDOVA Diana Salimkhanovna
postgraduate student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ABDULAZIZOV Murad Abdulazizovich
postgraduate student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
MAGOMEDOVA Naida Salimkhanovna
postgraduate student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
DEVELOPMENT OF THE PRINCIPLE OF EQUALITY AS A CONSTITUTIONAL VALUE IN THE LEGISLATION ON PUBLIC SERVICE
Modern society strives to ensure the principle of equality before the law as one of the most important constitutional values. This article investigates the evolution of the principle of equality in the context of civil service legislation. It analyzes the historical roots and development of this principle within the framework of constitutional documents, as well as its impact on the structure and functioning of the civil service.
Keywords: development, principle of equality, civil service, Constitution of the Russian Federation, legislation, right, law.
Bibliographic list of articles
1. Akimova Yu. A. Constitutional concept of gender equality // Public service and personnel. – 2018. – No. 2. – pp. 22-24.
2. Andryukhina I. Yu., Karama L. L. Improving approaches to organizing staffing for state authorities and local government // Eurasian Legal Journal. – 2022. – No. 8 (171). – pp. 438-440.
3. Afanasyeva S.A. The right of citizens to equal access to public service in modern Russia // Education and Law. – 2018. – No. 11. – P. 100-110.
4. Kovalev N.S. The principle of equality as a general and sectoral principle // Crime, punishment, correction // Ryazan. – 2019. – pp. 123-126.
5. Petrantsov A. S. On the issue of legal regulation and practical implementation of the principle of actual gender equality in the public service, including service in internal affairs bodies. //Bulletin of the Voronezh Institute of the Federal Penitentiary Service of Russia. – 2023. – No. 1. – P. 209.
6. Khamizova Z. Kh. Features of the definition of public service in modern Russia. Law and law. – 2023. – No. 10. – P. 116-120.
CONSTITUTIONAL LAW
MAGOMEDKHANOVA Zarifa Islamovna
lecturer of the Law College of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE CATEGORY OF “ORIGIN” IN THE CONSTITUTIONAL LAW OF RUSSIA
The article is devoted to the category of “origin” in constitutional law. The consolidation of this category in the Constitution of the Russian Federation tests to the democracy of the Russian state and the value of the institution of human and civil rights and freedoms. The author explores the constitutional and legal content of “origin” in a broad and narrow sense, how human capabilities changed and how differences were established depending on origin. A detailed historical analysis made it possible to come to the conclusion about what is currently understood by “origin”, and how to regard the category of equality regardless of origin.
Keywords: origin, constitution, value, equality, human rights.
Bibliographic list of articles
1. Ushakova D. N. Explanatory dictionary of the Russian language. 1935-1940 // Fundamental electronic library. [Electronic resource]. – Access mode: https://feb-web.ru/feb/ushakov/ush-abc/default.asp (access date: 11/07/2023).
2. Baryshev N. A. The concept of the constitutional principle of equality before the law and the court in the Russian Federation and its content // Journal of Economics Socium. – 2021. – No. 6 (85). – pp. 670-677.
3. Ebzeev B. S. Constitution, power and freedom in Russia: Experience of synthetic research. – M., 2014. – P. 100.
4. Zorkin V.D. Commentary on the Constitution of the Russian Federation (article-by-article). 2nd edition, revised/APDed. V. D. Zorkina. – M.: NORM; Infra-M., 2011. – P. 257.
5. Rousseau J.-J. Social contract. 1762. Livre II, chapter XI. [Electronic resource]. – Access mode: https://fr.wikisource.org/wiki/Du_contrat_social/%C3%89dition_1762/Livre_II/Chapitre_11 (access date: 01/11/2024)
6. Komkova G. N. The category “value” in the constitutional law of Russia // News of Saratov University. New episode. Economics Series. Control. Right. – 2012. – T. 12. No. 2. – pp. 97-99
CONSTITUTIONAL LAW
MIZHAREVA Natalya Vladimirovna
Ph.D. in Law, lecturer of Transport safety sub-faculty of the St. Petersburg University of the MIA of Russia
TO TNE ISSUE OF TNE CONCERT OF INTERACTION BETWEEN SUBJESTS OF PUBLIC AUTHORITU
The article analyzes various types of interaction between the legislative (representative) bodies of state power of the subjects of the Russian Federation and representative bodies of municipalities in the sphere of regional lawmaking..
This concept allows considering the fundamental principles of state functioning in the modern multidirectional dynamics of legal relations of interaction between subjects of public authority.
The proposed analysis of the peculiarities of participation of representative bodies of municipal entities in the legislative activity of the constituent entities of the Russian Federation can be largely useful for further reform of local self-government in the Russian Federation.
Keywords: Russian Federation, Constitution of the RF, regional lawmaking, legislative process, interaction, social interaction, public authority, public interests, legal processes.
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) // The official text of the Constitution of the Russian Federation, as amended on December 14, 2020, was published on the Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru, 07/04/2020.
2. Averyanov A. N. Systematic knowledge of the world: methodological problems. M.: Politizdat, 1985. 26З p.
Z. Philosophical Dictionary / Ed. M. M. Rosenthal; Ed. Z-e. M.: Politizdat, 1975. 496 p. P. 59.
4. Kozyrev G.I. Social action, interaction, behavior and social control // Sociological studies. 2005. No. 8 (256). P.124-129.
5. Panchenko V. Yu. Legal interaction as a type of social communication: theoretical and legal research: Author’s abstract. dis. . doc. legal Sci. M., 2016. 54 p.
6. Mullashirov R. N. Social interaction in the preparation of future lawyers: modern views on the content of concepts // Problems of modern pedagogical education. 2019. No. 64-2.
pp. 109-110.
7. Konovalchikov Y. A. The concept of legal interaction and its features in constitutional law
// Bulletin of the Moscow State Regional University. Series: Jurisprudence. 2020. No. 1. P.90.
8. Malyavkina N.V. Legal regulation of interaction between government bodies of the constituent entities of the Russian Federation and local governments: Abstract of thesis. . Ph.D. legal Sci. Bel-gorod, 201Z. 2З p.
9. Kazantseva O. L. Interaction of state authorities of the constituent entities of the Russian Federation and local governments in the conditions of state-legal centralization: Author’s abstract. dis. .cand. legal Sci. Barnaul, 2011. 25 p.
10. Collection of legislation of the Russian Federation. 16.0Z.2020. No. 11. Art. 1416. 3Law of the Russian Federation on amendments to the Constitution of the Russian Federation dated March 14, 2020 No. 1-FK3 “On improving the regulation of certain issues of the organization and functioning of public power.”
11. Yugov A. A. Public authorities under Russian legislation: electronic monograph. Kazan: Buk, 2021. 122 p.
12. Kulagin D. A. The effectiveness of the constitutional and legal mechanism for the exercise of public power in Russia: Author’s abstract. dis. . Ph.D. legal Sci. Chelyabinsk, 201Z. P. 9.
1Z. Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation dated October 6, 1999 No. 184-F3 // Collection of Legislation of the Russian Federation dated October 18, 1999 No. 42. Art. 5005.
14. Federal Law of October 6, 2003 No. 1З1-Ф3
“On the general principles of organizing local self-government in the Russian Federation” // Collection of legislation of the Russian Federation dated October 6, 2003 No. 40. Art. З822.
15. Erygina V.I. The constitutional and legal principle of democracy and the problems of its implementation in the legislation of modern Russia // Legal technology. 2020. No. 14. 406 pp.
16. Chirkin V. E. State Studies: Textbook. M.:
“Lawyer”, 1998. 398 p. Filippova N. A. RepresentativeGovernment of the constituent entities of the Russian Federation: doctrinal foundations and features of constitutional and legal regulation: Author’s abstract. dis. . doc. legal Sci. Ekaterinburg, 2011. P. 1Z.
17. Decree of the President of the Russian Federation dated October 15, 1999 No. 1З70 “On approval of the Basic Provisions of State Policy in the Field of Development of Local Self-Government in the Russian Federation” // Collection of Legislation of the Russian Federation dated October 18, 1999 No. 42. Art. 5011. (date of access: 12/21/202З).
18. Decree of the President of the Russian Federation dated May 29, 1997 No. 5Z1 “On the Council for Local Self-Government in the Russian Federation” // Collection of Legislation of the Russian Federation dated June 2, 1997 No.
22. Art. 2571.
19. Filippova N. A. Representation of the constituent entities of the Russian Federation: doctrinal foundations and features of constitutional legal regulation: Author’s abstract. dis. . doc. legal Sci. Ekaterinburg, 2011. P. 1Z.
20. Karasev A. T. Representative power: questions of theory // Society and power. 2011. No. 4 (Z2). P. 82.
21. Conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-3 “On the compliance with the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation “On improving the regulation of certain issues of organization and functioning of public power”, as well as on the compliance with the Constitution of the Russian Federation of the procedure for the entry into force of Article 1 of this law in connection with the request of the President of the Russian Federation.” [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_З47691/ (date of access: 07.20.202З).
22. Rules of Procedure of the State Duma // State Duma of the Federal Assembly of the Russian Federation: official website. [Electronic resource].
– Access mode: http://duma.gov.ru/duma/about/regulations/ (date of access: 09.28.202З).
2Z. Lang P. P. Special proceedings in the legal process: theoretical and legal research: Author’s abstract. dis. . Ph.D. legal Sci. Kazan, 2017. N.W. W9 p.
CONSTITUTIONAL LAW
PIDUROV Temir Lachinovich
is a magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAMAZANOVA Elvira Tazhutdinovna
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 THE IMPLEMENTATION OF THE ELECTORAL RIGHT IN THE RUSSIAN FEDERATION
This article is dedicated to the problems of the implementation of the electoral right in the Russian Federation. As a result of the research conducted, the authors proposed to consider electoral law as a set of legal norms enshrined in the normative legal acts of the Russian Federation regulating public relations developing in the field of the electoral process, including the regulation of the activities of the subjects of the electoral process, the establishment of their rights and obligations during elections to state authorities and local self-government bodies. The article also discusses some problems of the implementation of active suffrage by citizens with disabilities.
Keywords: suffrage, active suffrage, passive suffrage, elections, voting.
Bibliographic list of articles
1. Pervusheva V. A. The problem of lack of demand for electoral rights by young Russian voters: causes, consequences, adjustment methods // Elections: theory and practice. – 2023. – No. 2 (60). – pp. 77-80.
2. Kiselev N. A. Electoral rights of citizens: concept, principles, guarantees // Modern jurisprudence: current issues, achievements and innovations: collection of articles of the V International Scientific and Practical Conference. – 2018. – No. 1. – P. 116-119.
3. Sennikova D. V. Problems of ensuring active electoral rights of citizens with disabilities in the constituent entities of the Russian Federation // Bulletin of Tomsk State University. – 2020. – No. 450. – P. 234-240.
4. The Youth Election Commission of the Saratov Region together with the Saratov organization of disabled people “You are not alone” organize the work of volunteers at polling stations for the elections of the President of the Russian Federation on March 18, 2018 // Website of the Election Commission of the Saratov Region. [Electronic resource]. – Access mode: http://www.saratov.izbirkom.ru/docs/3152/ (date of access: 11/10/2023).
5. National public monitoring “About 2,600 disabled people will vote at home in Nizhnekamsk.” [Electronic resource]. – Access mode: https://nom24.ru/info/region_news/v-nizhnekamske-na-domu-progolosuyut-okolo-2600-invalidov/?sphrase_id=3137 (date of access: 11/10/2023).
6. Bogdan K. B. Problems of implementing active suffrage by disabled people in the Russian FederationFederation // Human rights: history, theory, practice: Collection of scientific articles of the XI All-Russian scientific and practical conference. – Kursk, 2023. – P. 132-138.
CONSTITUTIONAL LAW
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor of General theoretical and state legal disciplines sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
MIGAL Anna Yurjevna
magister student of the 3rd course of the East Siberian branch of the Russian State University of Justice, Irkutsk
THE ROLE OF PRESS SERVICES IN THE PROCESS OF BUILDING CITIZENS’ TRUST IN PUBLIC AUTHORITIES
The article examines the problems associated with the formation of citizens’ trust in public authorities with the help of press services. It is noted that the protection of the information space and the restriction of the receipt of false information on the Internet is an important task of the state, since it is through the activities of the press services that the population receives more information. Therefore, there is a need to comply with the rules of effective communication by all authorized specialists in modern conditions in order to establish a trusting attitude of citizens towards the activities of public authorities.
Keywords: press services, public authority, state, trust, public administration.
Bibliographic list of articles
1. Achkasova V. A., Korneeva K. V. Reputation and image of power. Media formation strategies // Management consulting. – 2017. – No. 1. – P. 159-165.
2. Voroshilov V.V. Modern press service. – M.: KNORUS, 2017. – 221 p.
3. Korkonosenko S. G. Fundamentals of journalism. – M.: Aspect-Press, 2002. – 287 p.
4. Krivonosov A., Filatova O., Shishkina M. Fundamentals of the theory of public relations. – St. Petersburg: Peter, 2010. – 384 p.
5. Milova O. A. PR services in government bodies: goals, objectives, functions // Ogarev-Online. – 2018. – No. 6 (111). – pp. 8-14.
6. Murtazina G. F. Power and media: problems and opportunities for interaction // Scientific community of students. – 2020. – No. 1. – P. 123-133.
ADMINISTRATIVE LAW
AYSANOV Adil Serikovich
senior researcher of the Department for the Study of Problems of Regulatory, Legal and Analytical Support of the Federal State Budgetary Institution “NC BDD of the MIA of Russia”
MALIKOV Shamil Emilevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
SOME ASPECTS OF THE RESPONSIBILITY OF PASSENGER TAXI AGGREGATORS IN RUSSIA
Road accidents are one of the most discussed issues among theoretical scientists and practitioners. Road traffic accidents (hereinafter referred to as accidents) involving taxi cars cause a wide resonance among the population. The problem of determining the responsibility of passenger taxi aggregators remains relevant, due to their somewhat ambivalent position within the framework of the legal relationship for the carriage of passengers and goods. This participant is subject to two parallel legal relations arising directly from the execution of the contract of carriage, where the carrier provides the service in relation to the passenger or cargo, as well as when providing direct services to an aggregator acting in relation to both parties – both the carrier and the passenger.
Keywords: passenger transportation, taxi, aggregators, carrier, traffic accidents, service sector, safety.
Bibliographic list of articles
1. Analysis of the taxi market in Russia in 2018-2022, forecast for 2023-2027. under sanctions. Detailing by city (Businessstat) // Research Store. [Electronic resource]. – Access mode: https://marketing.rbc.ru/research/28065/ (access date: 11/17/2023).
2. Analytical review of the VTsIOM survey “Taxi in Russia” // VTsIOM News. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/taksi-v-rossii-mnenie-polzovatelei (access date: 11/17/2023).
3. Living English-Russian dictionary of computer technology, information technology and communications under the general editorship of V. A. Dmitriev. [Electronic resource]. – Access mode: http://www.morepc.ru/dict/index.php (access date: 11/10/2023).
4. Bill No. 864868-7 “On amendments to the Code of the Russian Federation on Administrative Offenses (in connection with the improvement of state regulation of the activities of transporting passenger taxis and the activities of passenger taxi ordering services)” // SOZD GAS “Legislation”. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/864868-7 (date of access: 08.11.2023).
5. Kiryak S. Taxi ordering services: what and how they are responsible // Internet portal “Legal News” (Pravo.ru). [Electronic resource]. – Access mode: https://pravo.ru/auto/story/240799/ (date of access: 11.11.2023).
6. Kuznetsova N. G. Legal status of an aggregator of information about goods (services, works, digital content) and its pre-contractual obligations // Legal studies. 2018. No. 3. P. 1-15.
7. Ruling of the Supreme Court of the Russian Federation dated January 09, 2018 No. 5-KG17-220 // Official website of the Supreme Court of the Russian Federation (Bank of decisions). [Electronic resource]. – Access mode: https://vsrf.ru/stor_pdf.php?id=1618800 (date of access: 09.11.2023).
8. Ruling of the Supreme Court of the Russian Federation No. 305-ES23-8620 in case No. A40-94657/2022 // Official website of the Supreme Court of the Russian Federation (Bank of decisions). [Electronic resource]. – Access mode: https://vsrf.ru/stor_pdf_ec.php?id=2281500 (date of access: 09.11.2023).
9. Report of the Analytical Center for the Government of the Russian Federation for 2021. [Electronic resource]. – Access mode: https://ac.gov.ru/uploads/pdf/Taxi_14.04.pdf (date of access: 11.11.2023).
10. Resolution of the Arbitration Court of the Moscow District in case No. A40-146579/16 dated February 21, 2017 // ATP “Consultant Plus”. [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=AMS&n=263068 (date of access: 11.11.2023).
11. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 26 “On some issues of application of legislation on the contract for the carriage of goods, passengers and luggage by road and on the contract of transport expedition”, adopted on June 26, 2018 // Official website of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://vsrf.ru/documents/own/26967/ (date of access: 09.11.2023)
12. Explanatory dictionary of foreign words by L. P. Krysin. M: Russian language, 1998. [Electronic resource]. – Access mode: https://www.slovorod.ru/dic-krysin/krys-a.htm (date of access: 11/10/2023).
13. Federal Law of December 29, 2022 No. 580-FZ “On the organization of transportation of passengers and luggage by passenger taxis in the Russian Federation, on amendments to certain legislative acts of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation” // Collection of legislation Russian Federation. No. 1. Part 1. 2023. Art. 27.
14. Road traffic accident rate in the Russian Federation for 2022. Information and analytical review. M.: FKU “NC Road Traffic Safety Center of the Ministry of Internal Affairs of Russia”, 2023. 150 pp.
15. Dashkov T.K., Mursalimov A.T. Domestic and foreign experience in combating road accidents // Ensuring the safety of road users: to the 100th anniversary of the Rules of the Road. Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. Tyumen, 2020. P. 235.
16. Yakimov A. Yu. Analysis of definitions of concepts and terms relating to various subjects and objects that participate in road traffic // Road Safety. 2023. No. 1. P. 21-27.
ADMINISTRATIVE LAW
BAGISHEV Oleg Alexeevich
Ph.D. in Law, associate professor of Legal regulation of business and applied jurisprudence sub-faculty of the Moscow Financial and Industrial University “Synergy”
FEATURES OF ADMINISTRATIVE AND LEGAL LIABILITY OF LEGAL ENTITIES IN BUSINESS ACTIVITIES
This article is devoted to the analysis of the features of administrative and legal liability of legal entities in the field of entrepreneurial activity, with a focus on antimonopoly legislation. The author explores current problems associated with the application of administrative and legal liability to legal entities, especially in the context of antimonopoly legislation. It examines the basic rules and regulations governing business activities and combating unfair competition in the market.
Keywords: administrative and legal liability, legal entities, entrepreneurship, antimonopoly legislation, protection of competition.
Bibliographic list of articles
1. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on July 1, 2021) // Collection of Legislation of the Russian Federation. – 2002. – No. 1 (part 1). – St. 1.
2. Administrative law of the Russian Federation: textbook for bachelors / Ed. A. Yu. Sokolova. – 2nd ed., revised. and additional – M.: Norma: INFRA-M, 2018. – 352 p.
3. Bratanovsky S.N., Bratanovskaya M.S., Kondzhakulyan K.M. Administrative law: workshop. – M.: RUSAINS, 2021. – 134 p.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty, Head of the Department for the Organization of scientific and editorial-publishing activities of the Crimean branch of the Russian State University of Justice, Honored Lawyer of the Republic of Crimea
Ryklina Anna Anatoljevna
student of the Crimean branch of the Russian State University of Justice
ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF VIOLATION OF THE ORDER OF TRANSPORTATION OF MEDICINES
The article discusses some aspects of the transportation (transportation) of medicines. The article examines the national regulatory framework, as well as judicial practice and statistics in this area. The administrative responsibility for violation of the order of transportation of medicines is analyzed in detail. The ambiguity of opinions on the issue of compulsory licensing of transport services transporting medicines has been revealed. Based on the results of the study, conclusions and proposals have been made to solve the identified problems that will improve legal relations in this area.
Keywords: medicines, transportation of medicines, pharmaceutical transportation, turnover of medicines, administrative responsibility
Bibliographic list of articles
1. Evsikova E. V., Chuiko A. A. On the issue of registration of reference medicinal products // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 110-112.
2. Lugovaya N.N. A pharmaceutical license is required for the transportation of drugs // Pharmacy: accounting and taxation. – 2021. – No. 9. – P. 30-34.
3. Kivich Yu. V. Measures of administrative and legal prevention of offenses encroaching on public order and public safety, their place in the law enforcement mechanism // Humanitarian, socio-economic and social sciences. – 2015. – No. 7. – P. 102-106.
ADMINISTRATIVE LAW
POLIKARPOV Denis Igorevich
senior lecturer of Administrative law sub-faculty of the Rostov Law Institute of the MIA of Russia
KHALITOV Oleg Firuzovich
senior lecturer of Pedagogy and psychology in the activities of employees of the department of internal affairs sub-faculty of the Ufa Law Institute of the MIA of Russia
NAUMOV Sergey Ivanovich
senior lecturer of Psychology and pedagogy sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
FEATURES OF THE IMPLEMENTATION OF ADMINISTRATIVE LEGISLATION FOR VIOLATIONS OF THE USE OF PYROTECHNIC PRODUCTS
The article discusses the implementation of administrative legislation in the field of pyrotechnic products within the framework of existing regional restrictions. The approaches to the manifestation of signs of “petty hooliganism” in events accompanied by the use (application) of pyrotechnic products by citizens and organizations during the period of restrictions are determined. Public relations in this area of legal knowledge affect not only the state of “normal” life of society, but also staying in special conditions that require calmness and exclusion of correlation of pyrotechnic products with the use of weapons. Since the special military operation (SVO), many regional authorities and municipalities have refused to use pyrotechnics during mass, national and regional events. It is necessary to apply measures of influence to violators of these restrictions. When making a decision on bringing citizens to administrative responsibility, it is necessary to use a legal approach to determining the criteria for the occurrence of an administrative offense event, involving the correlation of qualifying features with a section of the codified act, based on the affected area of public interest.
Keywords: administrative legislation, the use of pyrotechnic products, signs of “petty hooliganism”, regional restrictions on the use of pyrotechnics.
Bibliographic list of articles
1. Aliev V. M. Constitutional and criminal legal aspects of the protection of rights and freedoms of man and citizen // Russian investigator. – 2017. – No. 20. – P. 26-31.
2. Vasilyeva Ya. V. Improving the legislation of the constituent entities of the Russian Federation on administrative offenses (based on materials from the North-Western Federal District). – M.: Jurisprudence, 2018. – 192 p.
3. Voplenko N. N. Essays on the general theory of law. – Volgograd: VolSU Publishing House, 2009. – P. 420.
4. Constitutional law: university course: textbook: in 2 volumes / Ed. A. I. Kazannika, A. N. Kostyukova. – M.: Prospekt, 2015. – T. 2. – 528 p.
5. Lipinsky D. A., Chuklova E. V. Procedural offense: concept and signs // Bulletin of civil process. – 2017. – No. 4. – P. 39-61.
6. Public interest in administrative law / Under general. ed.: doctor. legal sciences, prof. S. V. Zapolsky, Ph.D. legal sciences, prof. N. G. Salishcheva, Ph.D. legal Sciences, prof., honored. Russian lawyer V.V. Alkhimenko.– M.: Inst. state and Law RAS, Academic Legal Institute, 2015. – P. 198.
7. Rudenko A. V. Compliance with legal certainty in the legislation of the constituent entities of the Russian Federation on administrative offenses in decisions of the Supreme Court of the Russian Federation // Lex russica. – 2018. – No. 6. – P. 72-81.
8. Umanskaya V. P. Balance of public and private interests in administrative law // Power of the Law. – 2017. – No. 1. – P. 69-79.
ADMINISTRATIVE LAW
TARABORIN Roman Sergeevich
Ph.D. in Law, associate professor, Head of Public law sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
TEPLYAKOV Igor Igorevich
Ph.D. in Law, associate professor, associate professor of Public law sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
KHVASTUNOV Konstantin Valerjevich
Ph.D. in Law, associate professor of Public law sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
CHARACTERISTICS OF THE RIGHTS OF MILITARY PERSONNEL IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE OF STATE CONSTRUCTION
The presented study reveals the normative and doctrinal characteristics of the rights of military personnel as a special category of civil servants in the Russian Federation at the present stage of state construction. The views of modern public law researchers on the content of the category “military rights”, their types and classifications are summarized. The author’s classification of the rights of military personnel in the Russian Federation is given, divided into general and special rights. In conclusion, it is noted that currently the mechanism for legal regulation of these rights of military personnel contains certain defects (for example, related to ensuring the principle of fairness in the payment of military personnel, in the assignment of long-service pensions, in the implementation of the right to housing, etc.).
Keywords: military personnel, rights, obligations, legal status, Armed Forces of the Russian Federation, legislation, guarantees.
Bibliographic list of articles
1. Kutsenko A. A. Fundamentals of the legal status of a military man // Science and education today. – 2018. – No. 12. – P. 96-98.
2. Pechenev I.V. On the implementation of the constitutional principle of equality in the socio-economic rights of military personnel (review of the main provisions of the results of the author’s scientific research) // Military Law. – 2012. – No. 2. – P. 15-36.
3. Shurygin V.I. Functions of monetary allowance for military personnel of state security agencies and the factors that determine it // State service and personnel. – 2019. – No. 2. – P. 169-171.
4. Karebina S.I. The essence and specificity of the legal regulation of pension provision for military personnel in the Russian Federation // Bulletin of the Magistracy. – 2019. – No. 4-2 (91). – pp. 179-182.
5. Tishkin P.I. Realization of the right of military personnel to housing // Bulletin of Tomsk State University. – 2010. – No. 339. – P. 106-109.
6. Kozyrev E.V. Regulation of the rights of military personnel to health care and medical care // World Science. – 2020. – No. 12 (45). – pp. 186-189.
ADMINISTRATIVE LAW
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol, Honored lawyer of the Republic of Crimea
BUTS Sergey Borisovich
lecturer of Administrative and financial law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
ON THE ISSUE OF THE IMPLEMENTATION OF ADMINISTRATIVE DISCRETION IN THE CONTEXT OF DIGITALIZATION
The article attempts to conduct a scientific study of the theoretical aspects and problems of the legal implementation of legal relations in the field of administrative discretion in the context of digital transformation. The authors study modern theoretical approaches of administrative scientists to understanding the category of “administrative discretion” and reveal the practical problems of implementing administrative discretion in the context of digitalization. Based on the analysis, the authors have developed proposals for improving public legal relations in the field of administrative discretion in the context of digitalization.
Keywords: administrative discretion, limits of administrative discretion, subject of public authority, digitalization.
Bibliographic list of articles
1. Shershenevich G.F. General theory of law. – M., 1995. – P. 35.
2. Lazarev B. M. Competence of management bodiesmanagement. – M.: Legal. lit., 1972. – 280 pp.
3. Tikhomirov Yu. A. Management decision. – M.: Nauka, 1972. – 288 p.
4. Solovey Yu. P. Discretion in the administrative activities of the Soviet police: abstract. dis. …cand. legal Sciences: 12.00.02. – M., 1982. – 24 pp.
5. Girvits A. V. Concept, signs and classification of administrative discretion // Bulletin of the Omsk Legal Academy. – 2014. – No. 4 (25). – pp. 32-35.
6. Shchukina T.V. Administrative discretion and its manifestation in administrative procedures: new transformations in the conditions of the digital state and information society // Legal science. – No. 2. – P. 137-141.
7. Rudman M. N., Valieva M. S. Problems of determining the limits of administrative discretion of civil servants // International Journal of Humanities and Natural Sciences. – 2019. – No. 12-14 (39). – pp. 135-138.
8. Evsikova E. V. Digitalization of proceedings in cases of administrative offenses: problems of theory and practice // LegalTech: scientific solutions for professional legal activity: Collection of reports of the IX Moscow Legal Forum in 4 parts, Moscow, April 14-16, 2022 . Volume Part 2. – Moscow: Moscow State Law University named after O. E. Kutafin (MSAL), 2022. – P. 50-52.
9. Kramer Urs, Mitskevich Lyudmila A., Vasilyeva Anna F. 2019. “Electronic forms in the administrative process of Russia and Germany.” Bulletin of St. Petersburg University. Law 4: 756-780. https://doi.org/10.21638/spbu14.2019.410.
ADMINISTRATIVE LAW
TSYGANOVA Lyudmila Yurjevna
postgraduate student, the Department of Constitutional and Administrative Law Baikal State University, Irkutsk
ON THE RIGHT OF LEGISLATIVE INITIATIVE OF THE HUMAN RIGHTS COMMISSIONERS IN THE SUBJECTS OF THE RUSSIAN FEDERATION
The article examines the issue of granting human rights commissioners in the constituent entities of the Russian Federation the right to submit a legislative initiative to the legislative body of “their” constituent entity of the Federation. The research uses general scientific, as well as special legal methods of cognition. It is concluded that the transfer by the federal legislator of the question of whether the Commissioner for Human Rights is a subject of the right of legislative initiative in the legislative body of the subject of the Federation to the level of subject regulation is not an indisputable decision . Since the improvement of legislation in the field of protection of human and civil rights and freedoms is one of the activities of regional human rights commissioners, the issue of granting them the right to legislative initiative remains relevant and requires attention.
Keywords: protection of rights and freedoms, state human rights activities, the Commissioner for Human Rights in the subject of the Russian Federation, the right of legislative initiative, the legislative body of the subject of the Russian Federation.
Bibliographic list of articles
1. Buyankina E. S. Formation and development of the institution of the Commissioner for Human Rights in the constituent entities of the Russian Federation: abstract. dis. …cand. legal Sciences: 12.00.02. – Chelyabinsk, 2006. – 28 p.
2. Markhheim M.V., Novikova A.E. Forms and methods of activity of the Commissioner for Human Rights in the constituent entities of the Russian Federation // State power and local self-government. – 2009. – No. 5. – P. 38-42. – EDN KPAAGD.
3. Kulishenko E. A. Constitutional and legal transformations of the institution of the Commissioner for Human Rights in Russia: dis. …cand. legal Sciences: 12.00.02. – Belgorod, 2021. – 181 pp.
4. Moskalkova T. N. The Institute of Commissioners for Human Rights – a new stage of development // Bulletin of the Commissioner for Human Rights in the Russian Federation. – 2021. – No. 10. – P. 9-16.
5. Zrazhevskaya T. D., Belonozhkin V. I., Kolobova T. V. Methodological foundations for organizing the effective activities of regional ombudsmen for human rights in modern conditions. – Moscow: Limited Liability Company “Prospekt”, 2020. – 208 p. – ISBN 978-5-392-31824-7. – EDN TZFIYC.
6. Ivanova L. A. Determining the effectiveness of normative acts in the process of legal monitoring: abstract. dis. …cand. legal Sciences: 12.00.01. – Moscow, 2011. – 25 p.
ADMINISTRATIVE PROCESS
BEKMAN Olga Andreevna
lecturer of General legal disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
PILYUGINA Yuliya Gennadievna
Ph.D. in philosophical sciences, lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia.
ON THE ISSUE OF DETERMINING THE CONTENT AND STRUCTURE OF THE SUBJECT OF ADMINISTRATIVE PROCEDURAL LAW
The article examines certain aspects of administrative procedural relations as a subject of an independent legal branch – administrative procedural law. The relationship between the substantive norms of administrative law and the content of the subject of administrative procedural law has been analyzed, on the basis of which it has been proven that the subject of administrative procedural law is a much more complex structural phenomenon. The concept of the subject of administrative procedural law is formulated.
Keywords: branch of law, legal process, administrative procedural relations, procedural norm.
Bibliographic list of articles
1. Panova I. V., Panov A. B. Administrative procedural law: subject and method // Public law today. – 2023. – No. 4 (18). – pp. 67-74.
2. Tkachenko V. I. Subject of administrative procedural law: realities and prospects // Bulletin of the Lugansk Academy of Internal Affairs named after E. A. Didorenko. – 2016. – No. 1 (1). – pp. 133-142.
3. Marifkhonov R. N. Modern approaches to determining the content and structure of the subject of administrative procedural law // Bulletin of the University (Russian-Tajik (Slavic) University). – 2018. – No. 2 (62). – pp. 48-54.
ADMINISTRATIVE PROCESS
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative law and administrative activities of the department of internal affairs sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ARGUMENTS FOR AND AGAINST THE ADMINISTRATIVE PROCEDURE CODE OF THE RUSSIAN FEDERATION
The Administrative Procedure Code of the Russian Federation is a legislative act that establishes the procedure for considering and resolving administrative cases. Its adoption generates debate and differing views on its effectiveness and relevance. This article examines the arguments for and against this code, while relying on doctrinal sources.
Keywords: administrative procedural code of the Russian Federation, offenses, improvement of current legislation.
Bibliographic list of articles
1. Sorokin V.D. Administrative procedural law: Textbook for legal higher educational institutions. 2nd ed., revised. and additional – St. Petersburg: R. Aslanov Publishing House “Legal Center “Press”, 2008. P. 204. For the first time, a similar definition was presented in the work of V. D. Sorokin: Problems of the administrative process. – M.: Legal literature, 1968. – P. 71 – 72.
2. Salishcheva N. G. Problematic issues of the administrative process // Administrative law and administrative process: current problems / Responsible. ed. L. L. Popov and M. S. Studenikina. – M.: Yurist, 2004. – P. 221 – 232.
3. Salishchev N. G. On some theoretical issues of the administrative process at the present stage of development of the Russian legal system // Current problems of administrative and administrative procedural law: Materials of the annual All-Russian scientific and practical conference dedicated to the memory of the Honored Scientist of the Russian Federation V.D. Sorokina: In 2 hours. Part 1. – St. Petersburg: Publishing House of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2010. – P. 27-28.
4. Grishkovets A. A. On the issue of the so-called “administrative tort law” // Bulletin of the All-Russian Inspectorate of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (53). – pp. 54-61.
ADMINISTRATIVE PROCESS
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ON THE ISSUE OF THE NEED FOR AN EXAMINATION OF THE PRESCRIPTION OF DOCUMENTS
Issues of the need to conduct an examination of the limitation of various documents quite often arise during the consideration of economic disputes arising from civil law contracts. An examination of how old a document was made can eliminate doubts about the age and authenticity of documents. Hence, the prospect of replenishing the debtor’s bankruptcy estate depends on determining how long ago documents were produced when considering separate disputes in a bankruptcy case.
Keywords: factual circumstances of the case, examination of the limitation of documents, bankruptcy creditor, invalid transaction, debtor, bankrupt, expert opinion.
Bibliographic list of articles
1. Dadayan E.V., Storozheva A.N. On the issue of the reliability of evidence confirming the fact of execution of design work // Current issues of Russian legal proceedings: proof using modern technologies. Materials of the All-Russian (national) scientific and practical conference. – Krasnoyarsk, 2022. – P. 42-45.
CIVIL LAW
ARSENJEVA Galina Vitaljevna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the V. N. Tatishchev Astrakhan State University
KHRAMOVA Irina Sergeevna
Ph.D. in Law, associate professor, associate professor of Civil law and legal regulation of innovation activities sub-faculty of the V. N. Tatishchev Astrakhan State University
LOSSES AS AN ELEMENT OF THE STRUCTURE OF THE INSTITUTION OF RESPONSIBILITY IN BUSINESS COMPANIES
The article is devoted to the study of legal, doctrinal and law enforcement aspects of the legal category of losses as an element of the liability structure in business companies. Legal regulators are identified, problems of a definitive sense, reflected in the practice of law enforcement, are identified. The author’s hypothesis for the introduction of the term “losses” as an element of responsibility in economic companies is proposed.
Keywords:economic companies, liability, losses, corporate liability, regulations
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) // Rossiyskaya Gazeta dated July 4, 2020, No. 144.
2. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on July 24, 2023) // Russian newspaper dated December 18, 1994 No. 238-239.
3. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on December 25, 2023) // SZ RF. 01/07/2002. No. 1 (part 1). Art. 1.
4. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on January 30, 2024) // SZ RF. 01/07/2002. No. 1 (part 1). Art. 3.
5. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 25, 2023) // SZ RF. 06/17/1996. No. 25. Art. 2954
6. Federal Law of December 26, 1995 No. 208-FZ “On Joint-Stock Companies” (as amended on December 25, 2023) // SZ RF. 1996 No. 1. Art. 1.
7. Federal Law of 02/08/1998 No. 14-FZ “On Limited Liability Companies” (as amended on 06/13/2023) // SZ RF. 02/16/1998. No. 7. Art. 785.
8. Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (as amended on December 25, 2023) // SZ RF. 10/28/2002. No. 43. Art. 4190.
9. Resolution of the Constitutional Court of the Russian Federation dated December 13, 2016 No. 28-P. [Electronic resource]. Access mode: http://www.consultant.ru/ (date of access: 01/13/2024)
10. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 2017 No. 53 “On some issues related to holding persons controlling the debtor liable in bankruptcy” // Bulletin of the Supreme Court of the Russian Federation. No. 3. March. 2018.
11. Abakumova E. B. On the principle of independence of responsibility of the general director of a business company // Bulletin of Surgut State University. 2021. No. 3 (33). P. 71.
12. Dolotov R. O. Criminal liability of shareholders / participants of business societies for theft of property of their companies // Criminal law. 2017. No. 1. P. 60.
13. Leskova Yu. G., Zhukova Yu. D., Pavlova K. P. Civil liability of members of management bodies of business entities: trends in the development of Russian legislation and experience of foreign countries // Bulletin of Perm University. Legal sciences. 2018. No. 40. P. 270.
14. Turbina I. A. Policy of rule-making in civil legislation on the responsibility of executive bodies of business entities // Science and education: economy and economics; entrepreneurship; law and management. 2016. No. 1 (68). pp. 96-100.
CIVIL LAW
GORSHKOV Dmitriy Alexandrovich
General Director of “Gorshkov and Partners” Law Firm, competitor of Business law sub-faculty of the Russian State University for the Humanities
PLEDGE MANAGEMENT AGREEMENT AND ASSIGNMENT AGREEMENT
The comparison of such contractual structures as the pledge management agreement and the assignment agreement does not raise questions about the expediency and practical significance: perhaps, the ratio of these agreements can be recognized as the cornerstone problem of the theory of the institution of pledge management, since the establishment of the legal nature of the pledge management agreement directly depends on the solution of the task. The paper deals with the main problems of the correlation of these types of contracts, the signs that distinguish them from each other, as well as the importance of each of the analyzed contractual structures in civil circulation.
Keywords: pledge management agreement, assignment agreement, pledgee, representative office.
Bibliographic list of articles
1. Vasilevskaya L. Yu. Legal qualification of the collateral management agreement // Law. 2016. No. 3. P. 40.
2. Kharitonova Yu. S. Pledge management agreement // Laws of Russia: experience, analysis, practice. 2014. No. 11. P. 17.
3. Shcherbacheva L. V. Management of the right of pledge // Public service and personnel. 2015. No. 1. P. 59.
4. Egorov A.V. The concept of mediation in civil law: dis. …cand. legal Sci. M., 2002. P. 158.
CIVIL LAW
KOVALENKO Mariya Andreevna
junior researcher of the scientific research laboratory “Legal regulation in the context of digitalization” of the Volgograd State University
A HEALTH PROVIDER AS PERSON OF RENDERING TELEMEDICAL CARE: ISSUES OF LEGISLATIVE REGULATION
The article analyzes issues related to the definition of categories of medical professionals who can provide telemedicine care within the framework of general and experimental legal regulation. The author studies the problems of differentiating the responsibilities of the attending physician and the consultant physician. The role of a consultant physician in providing them with telemedicine services is considered. The issue of the validity of differentiating the powers of a doctor in providing telemedicine care, depending on the availability of face-to-face visits, is also being under investigation.
Keywords: telemedicine, healthcare providers, attending medical doctor, doctor, consulting physician, medical specialist, telehealth visit, remotely observations, medical treatment, regulatory sandbox.
Bibliographic list of articles
1. Bogomyagkova E. S., Oreh E. A., Glukhova M. E. Telemedicine in Russian megacities: problems and prospects // Sociological Journal. – 2023. – Volume 29. – No. 3.
2. Danilov A.V., Gladyshev M.V., Bakhmetyeva O.A. The right of a citizen to choose a doctor and a medical organization // Applied information aspects of medicine. – 2018. – T. 21. – No. 1.
3. Mustafina-Bredikhina D. M. Legal aspect of the doctor’s responsibility for the patient’s health // Neonatology: news, opinions, training. – 2020. – Vol. 8. – No. 4.
4. Piven D.V., Kitsul I.S. On the patient’s right to consultations with medical specialists at his request or at the request of his legal representatives // Healthcare Manager. – 2013. – No. 10.
5. Popova A.V. Telemedicine in Russia and abroad: on the issue of legal regulation // Bulletin of MPGU. Series: Legal sciences. –2019. – No. 1 (33).
6. Regulation of telemedicine services in different countries of the world: expert review [Electronic resource] / E. I. Aksenova, S. Yu. Gorbatova. – Electron. text data – M.: State Budgetary Institution “NIIOZMM DZM”, 2023.
7. Smirnova E. A., Shishanova A. A. Telemedicine in new legal realities // Journal of telemedicine and electronic health care. – 2018. –No. 3 (8).
8. Tsaregorodtsev A.L. Efficiency of using telemedicine in the Northern regions of the Russian Federation // Fundamental Research. – 2016. – No. 3.
CIVIL LAW
LITYAGINA Alla Sergeevna
senior lecturer of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
KOKOVA Liana Ruslanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
FEATURES OF LEGAL REGULATION OF LABOR RELATIONS IN THE CONTEXT OF DIGITALIZATION
One of the main trends of our time is the active and large-scale digitalization of the global space in the world. Since the 2000s in the Russian Federation, there is an active implementation of information and communication technologies in all spheres of society (economics, healthcare, management, production). Some areas of life are the most promising in terms of the introduction of information technology. Such industries include education, professional development, finance, banking, medicine, digital and information platforms. Scientific and technological progress is very dynamic thanks to new technologies such as neural networks, artificial intelligence, Internet of things, virtual reality, cybersecurity, and big data processing. The ongoing transformations have also affected such an area as labor relations. In the current circumstances, the question of legal regulation of labor relations, which are changing under the influence of digitalization processes, becomes a question. In the field of labor relations, new work formats have emerged, and remote work has become relevant in the context of the new coronavirus pandemic. However, there is no legal regulation for the new type of labor relations, which creates a number of difficulties. It is necessary to develop and implement regulations governing labor relations in the context of large-scale digitalization of the economy. Documents of a strategic and advisory nature have been developed and applied, but they do not perform the function of legislative regulation.
Keywords: digitalization, labor relations, labor market, information technology, economics, remote work, strategy, innovation.
Bibliographic list of articles
1. Decree of the President of the Russian Federation dated October 10, 2019 No. 490 “On the development of artificial intelligence in the Russian Federation” (together with the “National Strategy for the Development of Artificial Intelligence for the period until 2030”).
2. Order of the Government of the Russian Federation dated October 20, 2010 No. 1815-r (as amended on December 26, 2013) “On the state program of the Russian Federation “Information Society (2011-2020).”
3. Order of the Government of the Russian Federation dated November 1, 2013 No. 2036-r (as amended on October 18, 2018) “On approval of the Strategy for the development of the information technology industry in the Russian Federation for 2014-2020 and for the future until 2025.”
4. Kozlova A. N., Cherkashina Yu. K. Remote work: legislative regulation and development prospects // Issues of Russian justice. – 2021. – No. 15. – P. 407-417.
5. Rybakov M. S. Legallabor regulation in the digital reality: main trends in the development of legislation // Young scientist. – 2023. – No. 1 (448). – pp. 188-194.
CIVIL LAW
MITKEVICH Viktoriya Nikolaevna
Lawyer of LLC “Trading House “Vremya”, Simferopol
AVRAMCHENKO Diana Satan
Ph.D. in Law, associate professor of Civil law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
THE CIVIL NATURE OF THE PROVISION OF ESOTERIC SERVICES
The article is devoted to the study of the provision of esoteric services from a civil law point of view. The current legislation (Chapter 39 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and by-laws in this area, as well as the points of view of legal scholars, have been studied. In addition, the most relevant court decisions on the conclusion and fulfillment of obligations under the contract for the provision of esoteric services are analyzed.According to the results of the study, it was concluded that the legislator’s qualified silence regarding the regulation of this type of contract, as well as that, according to established law enforcement practice, failure to achieve the result of providing esoteric services is not the basis for its invalidity and, as a result, the basis for collecting funds from the performers of these services.
Keywords: civil law, paid provision of services, the Civil Code of the Russian Federation, esotericism, esoteric services, judicial practice.
Item-by-item bibliography
1. Beltadze D. O., Shumov P. V. Problems of regulating relations in the sphere of esoteric services // Strategic development of socio-economic systems in the region: an innovative approach: Materials of the IV international scientific and practical conference. Collection of articles and abstracts of reports, Vladimir, May 14, 2018. / Under the general editorship of O. L. Goikher, M. A. Barinov, S. S. Zakharov. – Vladimir: Publishing and printing company “Transit-IKS”, 2018. – P. 17-20.
2. Karapetov A. G. Comments on the civil legislation of Gloss. Transactions, representation, limitation period. – 1264 p.
3. Kokhanovsky V.P., Zolotukhina E.V., Leshkevich T.G., Fathi T.B. Philosophy for graduate students: Textbook. Ed. 2nd. – Rostov n/d: “Fenkis”, 2003. – 448 p.
4. Pakhomov S.V. On the issue of demarcation of the concept “Esoterism” // Mystical-esoteric movements in theory and practice. Story. Psychology. Philosophy: Sat. materials of the First International Scientific Conference (Kyiv, 2007) / Under. ed. S. V. Pakhomova, Yu. Yu. Zavgorodniy, S. V. Kapranov. – St. Petersburg: RKhGA, 2008. – pp. 7-14.
5. Explanatory dictionary of the Russian language (Ed. D. N. Ushakov, 1935-1940).
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer, NGO “Leningrad Regional Bar Association”, branch “Law Firm “Pelevin and Partners”
THE POWERS OF THE FEDERAL SERVICE FOR SUPERVISION OF CONSUMER RIGHTS PROTECTION AND HUMAN WELL-BEING TO FILE A CLAIM AND REPRESENT THE INTERESTS OF A PATIENT IN A LAWSUIT WITH A PLASTIC SURGERY CLINIC
The article highlights the objectives of ensuring compliance with consumer protection laws, indicates the purpose of consumer protection legislation. The reasons and grounds for state intervention in the person of Rospotrebnadzor to ensure consumer protection are disclosed. The problems that cannot be solved with the help of private provision of consumer rights, requiring the participation of relevant state bodies, are noted. The author analyzes the powers of Rospotrebnadzor to file a statement of claim in court. The possible forms of participation of Rospotrebnadzor in the trial with the clinic of plastic surgery, the features of the status of Rospotrebnadzor as a participant in the case are considered. It is concluded that the purpose of the participation of the Rospotrebnadzor Department in the trial with the plastic surgery clinic is due to the purpose of this body in supervising the execution of laws.
Keywords: Rospotrebnadzor, medical clinic, consumer protection, lawsuit, court, trial, conclusion.
Bibliographic list of articles
1. Patyashina M. A. Implementation of the powers of the Office of Rospotrebnadzor in the Republic of Tatarstan in the field of consumer rights protection // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – Volume No. 13. No. 3 (49). – pp. 38-43.
2. Railyan A. A. Civil legal protection of consumer rights: issues of theory and judicial practice // Arbitration and civil process. – 2018. – No. 10. – P. 22-24.
3. Savelyeva Yu. A. The role of Rospotrebnadzor in protecting consumer rights when selling goods // Innovations. The science. Imageovation. – 2022. – No. 49. – P. 801-803.
4. Savina N. S. Features of legal regulation of the institute for the protection of the rights of citizen-consumers in the Russian Federation // In the collection: The best scientific article of 2020. Collection of articles of the XXXIX International Research Competition. – 2020. – pp. 67-71.
5. Shibaeva N.V. Practice of state and public protection of consumer rights in the Russian Federation // Legal fact. – 2021. – No. 132. – P. 3-7.
6. Shirokobokova A. V. Subjects initiating the initiation of civil proceedings to protect consumer rights // Current problems of our time: science and society. – 2017. – No. 4. – P. 31-36.
CIVIL LAW
KHAMITOVA Gulnara Mullanurovna
Ph.D. in Law, associate professor of Biomedetics, medical law and history of medicine sub-faculty of the Kazan State Medical University
CIVIL LEGAL LIABILITY OF MEDICAL WORKERS AND MEDICAL ORGANIZATIONS FOR HARM CAUSED BY PATIENTS
The article highlights issues related to the involvement of medical organizations and workers for harming a patient in the provision of medical services. Medical activity should be attributed to a source of increased danger, which means that compensation for harm should occur regardless of the fault of the medical organization. Special attention is paid to the mechanisms of compensation for harm and its varieties, since the harm is divided into moral and property, and its size depends on various factors. It is proposed to apply the institution of professional liability insurance for all medical workers, fill in a number of legislative gaps, namely, apply the concepts of “low-quality medical service” and establish a special statute of limitations for the legal relations considered.
Keywords: responsibility, medical organization, medical worker, patient.
Bibliographic list of articles
1. Kichenina V. S. Responsibility of a medical worker as a result of improper provision of medical care resulting in harm to the life and health of a citizen // Scientific notes of the St. Petersburg branch of the Russian Customs Academy named after. V. B. Bobkova. – 2018. – No. 4 (68). – pp. 75-77.
2. Slepenyuk Yu. N. Features of the responsibility of a medical organization for causing harm to a patient’s health // Legal Bulletin of the Dagestan State University. – 2021. – No. 2. – P.73-79.
3. Smirnova E. V. On the need for standardization and organization of accounting and quality control of medical care in the provision of paid medical services // Problems of standardization in healthcare. – 2019. – No. 5-6. – P. 3-16.
4. Starchikov M. Yu. Harm caused to the life (health) of a patient as a result of medical intervention: legislative problems and ways to eliminate them // Scientific notes of the Crimean Federal University. V.V. Vernadsky. – 2018. – No. 4. – P. 232-239.
5. Starchikov M. Yu. On the regressive liability of medical organizations and medical workers for harm caused to the life (health) of patients // Citizen and Law. – 2018. – No. 7. – P. 79-90.
6. Khabirov A. L. and Khamitova G. M. Some aspects of patient rights to receive information about their health status under the legislation of the Russian Federation // Revista Genero. – 2019. – No. 8. – P. 314-321.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
LEGAL BASIS AND IMPORTANCE OF MEDIATION IN A CONFLICT BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
The article concerns with mediation as non-jurisdictional alternative way of solving conflicts, arising between patients and clinics of plastic surgery, the author stretches the main features and possibilities of this remedy aimed at solving the conflict that arose when rendering the medical service. The author investigates specificity of mediation when it is applied to the conflicts arising when rendering the services of plastic surgery and the main peculiarities and meaning when solving conflicts in this sphere.
Keywords: mediation, jurisdictional and non-jurisdictional ways of conflicts solving, conflicts out of medical services rendering, conflicts between patient and clinic of plastic surgery, solving of conflicts.
Bibliographic list of articles
1. Allahverdova O. V., Ivanova E. N. History of the development of mediation // Bulletin of St. Petersburg University. Series 6: Philosophy, political science, sociology, psychology, law, international relations. 2007. No. 2-2. pp. 73-77.
2. Kalashnikova S.I. Mediation in the sphere of civil jurisdiction. M.; Berlin: Infotropic-Media, 2011. 304 p.
3. Commentary on the Federal Law “On an alternative procedure for urregulation of disputes with the participation of a mediator (mediation procedure)” / Responsible. ed. S. K. Zagainova, V. V. Yarkov. M.: Infotropik Media, 2011. (Series “Mediator Library.” Book 1.).
4. Development of mediation in Russia: theory, practice, education: Sat. articles / Ed. E. I. Nosyreva, D. G. Filchenko. M.: Infotropik Media; Berlin, 2012.
5. Pronin I. A. Civil regulation in the field of aesthetic medicine: Author’s abstract. dis. …cand. legal Sciences: 12.00.03. St. Petersburg, 2012. 26 p. // Library of dissertations and abstracts dslib.net: website. [Electronic resource]. – Access mode: http://www.dslib.net/civil-pravo/grazhdansko-pravovoe-regulirovanie-v-sfere-jesteticheskoj-mediciny.html (access date: 10/02/2023).
6. Conciliation procedures in civil, criminal and administrative proceedings of the Russian Federation. Scientific and practical guide / Editor-in-chief, Doctor of Law, Professor Yu. F. Bespalov. M.: Prospekt, 2018. // SPS “Consultant Plus”.
7. Tkacheva N. N. Increasing legal literacy in the process of providing medical care as a guarantee of protecting the rights of subjects of medical legal relations // Medical Law. 2022. No. 3. – Electronic resource SPS Consultant Plus.
8. Shamlikashvili T. A., Kabanova E. V., Tyulkanov S. L. Alternative methods of dispute resolution and mediation in modern Russian legislation. Modern law. 2015. No. 5 // SPS “Consultant Plus”.
9. Sholom E. A. Contract for the provision of paid cosmetology services: Author’s abstract. dis. …cand. legal Sci. Saratov, 2010. [Electronic resource]. – Access mode: https://core.ac.uk/download/pdf/197419265.pdf (access date: 10/02/2023).
10. Khokhlov V. A. Legal qualification of mediation relations // SPS Consultant-Plus.
CIVIL LAW
MITKEVICH Viktoriya Nikolaevna
Lawyer of LLC “Trading House “Vremya”, Simferopol
ON THE QUESTION OF THE QUALIFICATION OF THE ACTIONS OF THE PARTICIPANTS IN THE ARBITRATION PROCESS AS CONTEMPT OF COURT
The article analyzes the institution of imposing judicial fines on participants in the arbitration process for contempt of court. The norms of procedural legislation regulating the prosecution of persons who showed disrespect and allowed the diminution of the authority of the judiciary have been studied. The article examines the issue of qualification of illegal actions, responsibility for which is provided for by the norms of procedural legislation, as contempt of court. Based on the analysis of the practice of arbitration courts, the existing problems are formulated and possible methods of their resolution are proposed.
Keywords: arbitration process, judicial authority, judicial fine, contempt of court, abuse of procedural law.
Bibliographic list of articles
1. Gribov N. D. Procedural responsibilities of the parties in civil proceedings // Court administrator. – 2021. – No. 1.
2. Mozhilyan S. A. Institute of private determination in the arbitration process // Arbitration disputes. – 2022. – No. 1
3. Sharipova A. R. Comparative analysis of the institutions of monetary recovery and judicial fines in criminal, arbitration, civil and administrative proceedings // Current problems of Russian law. – 2022. – No. 1.
CIVIL LAW
PROVATKINA Valeriya Evgenjevna
student of the Law School of the Far Eastern Federal University, Vladivostok
VOLOSHINA Tatyana Vladimirovna
student of the Law School of the Far Eastern Federal University, Vladivostok
KORKIN Maxim Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
PROBLEMS OF FORMATION OF LEGAL CULTURE IN MODERN RUSSIA
The article analyzes the problems of formation of legal culture in the Russian Federation. It is noted that a high level of legal culture serves as the basis of civil society. The main reasons for the low level of legal culture are highlighted. The authors analyze the current state of the legal system, identify the causes of the insufficient level of legal culture in society and propose ways and measures to improve it. The emphasis is on the need to improve the legal literacy of citizens and the development of legal awareness, which contributes to the strengthening of the rule of law and civil society as a whole.
Keywords: legal awareness, deformation, legal nihilism, legal education, legal culture.
Bibliographic list of articles
1. Balakleets I. I. Legal culture in the modernization of Russia: realities, trends and prospects: Abstract of thesis. dis. …cand. legal Sci. – Kazan, 2012. – 26 p.
2. Komarov S. A. General theory of state and law: textbook for bachelor’s and master’s degreesauras. – 9th ed., rev. and additional – M.: Yurayt Publishing House, 2019. – 506 p.
3. Kostina K. A. Legal education in Russia and its significance in the formation of legal culture // Bulletin of TSU. – 2013. – Issue 5. – P. 266-270.
4. Agranovskaya E. V. Legal culture and ensuring individual rights // Responsible. ed. E. A. Lukasheva. – M.: Nauka, 1988. – 142 pp.
5. Matuzov N. I., Malko A. V. Theory of state and law. – M.: Jurist, 2011. – 528 p.
6. Kalandarishvili Z. N., Khavanova T. V. Characteristic features of the formation of legal culture at the present stage of development of Russian society // Historical and social-educational thought. – 2014. – No. 2. – P. 365-368.
CIVIL LAW
SIBILEV Ilya Andreevich
postgraduate student of the 2nd course of the Patrice Lumumba Peoples’ Friendship University of Russia
SOME ISSUES RELATING TO THE “LEGAL STATUS” OF ARTIFICIAL INTELLIGENCE
The article discusses some issues of the legal status of artificial intelligence-based systems. Three main reasons of impossibility to consider the artificial intelligence systems as a subject of law are under investigation. The paper analyzes the potential positive and negative consequences of granting artificial intelligence a certain legal status, and offers options for working out these issues in the current legislation.
Keywords: legal personality, artificial intelligence, legal status, civil liability, legal regulation.
Bibliographic list of articles
1. Gulyaeva P. S. Quasi-legal personality of artificial intelligence: theoretical and legal aspects // Bulletin of Moscow State Pedagogical University. Series: Legal sciences. 2022. No. 2 (46). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvazipravosubektnost-iskusstvennogo-intellekta-teoretiko-pravovye-aspekty (date of access: 01/05/2024).
2. Gurko A. V. On the issue of the possibility of legal protection of the results of “intellectual” activity of artificial intelligence systems. Economy. Right. Society. 2022. No. 7 (1). pp. 71-75. [Electronic resource]. – Access mode: https://doi.org/10.21686/2411-118X-2022-1-71-75
3. Kalyatin V. O. Determination of the subject of rights to the results of intellectual activity created using artificial intelligence and its influence on the development of civil legislation // Law. Journal of the Higher School of Economics. 2022. T. 15. No. 4. P. 24-50.
4. Marchenko A. Yu. Legal regulation of AI technologies in the European Union: current state and prospects for its development // Legal Science. 2021. No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoe-regulirovanie-tehnologiy-ii-v-evropeyskom-soyuze-tekuschee-sostoyanie-i-perspektivy-ego-razvitiya (date of access: 01/07/2024).
5. Kharitonova Yu. S., Savina V. S., Pagnini F. Bias of artificial intelligence algorithms: issues of ethics and law // Bulletin of Perm University. Legal sciences. 2021. No. 53. P. 448-475.
CIVIL LAW
KHAVZIEV Adel Ayratovich
postgraduate student of Civil and business law sub-faculty of the University of Management “TISBI”, Kazan
FORMS OF PROTECTION OF VIOLATED CONSUMER RIGHTS
The relevance of the chosen topic lies in the fact that consumer protection is an integral need of modern society. Forms of protection of violated consumer rights are a procedure or type of legal activity to protect consumer rights in situations where the consumer independently tries to suppress his violated rights through oral and (or) written claims, by contacting regulatory authorities and (or) the court , and also on the website of the consumer rights protection portal. The author examines social relations associated with jurisdictional (judicial and administrative procedures) and non-jurisdictional (self-defense) forms of consumer protection. In this regard, the problems arising with the need to create legal mechanisms for the self-defense of a citizen-consumer as an economically weaker party are analyzed. The purpose of the study is to identify forms of consumer protection used in practice; their classification. On the topic of the research, analytical and systematic methods were applied in the study of regulatory legal acts in the field of consumer rights protection, as well as court cases published on official websites: GARANT.RU, courts of general jurisdiction, files of arbitration cases. Comparative legal methods were used to assess the availability of necessary information for consumers when assessing the official websites of authorities of the Republic of Tatarstan, the Republic of Bashkortostan and the city of Moscow. Law enforcement practice has made it possible to determine the classification of applied forms of consumer protection. The non-jurisdictional form includes 3 mechanisms for protecting consumer rights – filing an oral complaint, filing a written complaint, or accessing the website of the consumer rights protection portal. The jurisdictional form includes 2 mechanisms for protecting consumer rights – appealing to regulatory authorities and going to court.
Keywords: consumers, violation of consumer rights, protection of consumer rights, forms of consumer protection, procedures for protecting consumer rights, seller, buyer, consumer Internet portal.
Bibliographic list of articles
1. Gavrilov V. N., Gavrilova A. M., Bezborodkina E. A. Legal regulation of retail purchase and sale on Instagram // The Power of Law. – 2022. – No. 1 (49). – pp. 136-146.
2. Gainulova Yu. M. Protection of consumer rights under sanctions and counter-sanctions. On the issue of violation of norms on a public contract (426 Civil Code of the Russian Federation) // Skif. Questions of student science. – 2022. – No. 6 (70). – pp. 52-55.
3. Why do we need the Moscow Consumer Portal // Moscow Consumer Portal: website. – [Electronic resource]. – Access mode: https://prav.mos.ru/articles/cff4d002-6476-4ad1-a411-973c38f3f6a9 (date of access: 05.17.2023).
4. Kurbatov A. Ya. Protection of rights and legitimate interests in the conditions of “modernization” of the legal system of Russia. – M.: Justitsinform, 2013. – 172 p.
5. Luneva E. V., Tolstova I. A., Viktorov V. Yu., Matveev P. A. The consumer and his rights as an object of legal protection when selling goods // Law and Practice. – 2023. – No. 3. – P. 117–122.
6. Nikolaeva E. V. Unfairness of the seller in the execution of a retail purchase and sale agreement // ExLegis: legal studies. – 2019. – No. 2. – P. 45-48.
7. About the State Alcohol Inspectorate of the Republic of Tatarstan // Portal of the Republic of Tatarstan for the protection of consumer rights: website. – [Electronic resource]. – Access mode: https://www.tatzpp.ru/view/about/ (date of access: 05.17.2023).
8. About the project. Ministry of Trade and Services of the Republic of Bashkortostan // Internet portal for the protection of consumer rights of the Republic of Bashkortostan: website. – [Electronic resource]. – Access mode: https://portalzpp02.ru/about/pages/about-project/ (date of access: 05/17/2023).
9. On the results of the activities of the Rospotrebnadzor Office for the Republic of Tatarstan in the field of providing financial services for 2022 // Rospotrebnadzor Office for the Republic of Tatarstan: website. – [Electronic resource]. – Access mode: https://16.rospotrebnadzor.ru/674/-/asset_publisher/zT0X/content/about-the-results-of-the-activities-of-the-Rospotrebnadzor-administration-in-the-Republic-of-Tatarstan-in-the-sphere-of-financial-services- for 2022 (access date: 05/17/2023).
10. Rudykh S. D., Sukhanova D. A. Self-defense as one of the ways to protect consumer rights // Issues of Russian Justice. – 2023. – No. 23. – P. 191-198.
11. Sergeev A.P., Tolstoy Yu.K. Civil law: textbook: in 3 volumes – M.: Prospect, 2005. – T. 1. – 765 pp.
CIVIL LAW
KHAKIMOVA Alsu Faritovna
Head of the Expert and Analytical Department of the Project Activities Directorate of the Central Executive Committee of the RPP “UNITED RUSSIA”, postgraduate student of Civil and entrepreneurial law sub-faculty of the V. G. Timiryasov Kazan Innovative University
ISSUES OF LIABILITY OF THE PARTIES UNDER A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT
The article reveals problematic issues of the onset of civil liability for non-fulfillment or improper execution of a public-private partnership agreement; the liability measures provided for by law are correlated with the legal nature of the public-private partnership agreement. The risks of pre-contractual liability for violation of the procedure for negotiations between potential partners are analyzed. The main ideas and conclusions in the work are aimed at achieving a balance of rights and obligations, risks and responsibilities of the parties to the public-private partnership agreement.
Keywords: public-private partnership, public-private partnership agreement, civil liability, pre-contractual liability, replacement of partner.
Bibliographic list of articles
1. Skvortsov O. Yu., Derkach N. G., Golubeva V. M., Nam K. I., Chumachenko V. A. Practice of dispute resolution in the field of public-private partnership as a factor in the formation of a competitive environment (monitoring of judicial practice) // Competition law. – 2022. – No. 4. – P. 37-40 @@ 2023. – No. 1. – P. 33-37.
2. Zhmulina D. A. Responsibility of the parties to the agreement on public-private partnership // Bulletin of St. Petersburg University. Right. – 2014. – No. 4. – P. 45-53.
3. Belitskaya A.V. The use of public-private partnership instruments for the demonopolization of the Russian economy: legal aspect. – pp. 41-46.
CIVIL LAW
YAKIMUSHKINA Mariya Andreevna
postgraduate student of Civil law sub-faculty of the I. M. Gubkin Russian State University of Oil and Gas, candidate for the degree of Ph.D.
FORMATION OF TRANSACTION INSTITUTES IN WESTERN CIVILISTICS AND THEIR INFLUENCE ON THE DEVELOPMENT OF CONTRACT LAW OF MODERN RUSSIAN LEGISLATION
The article deals with some historical and legal aspects of the formation of legal foundations of the institutions of contractual relations of modern Russia. Different points of view on the processes of formation of such relations of both foreign and domestic civilists are analyzed. The article also proposes the concepts that the substantive aspect of a legal transaction is a private expression of will that generates a legal consequence desired by the existing legal order.
Keywords: contract, transaction, obligations, legal fact, will, invalid transaction.
Bibliographic list of articles
1. Marazuev A.V. Invalidation of a transaction as a way to protect rights in the historical aspect // Human rights activities in modern Russia: problems and their solutions (collection of conference proceedings). – St. Petersburg, 2015. – P. 169.
2. Kosycheva E. V. Civil transactions: genesis, essence, significance // Bulletin of the Russian University of Cooperation. Ser.: Legal sciences. – 2015. – No. 2 (20). – P. 92.
3. Melnikov V.S. Theoretical problems of legal regulation of transactions (according to modern civil legislation of the Russian Federation): dis. … doc. legal Sci. – M., 2003. – P. 15-25.
4. Permyakova E. V. Constructions of validity and invalidity of transactions in the classical jurisprudence of Western Rome // Current problems of the evolution of civil law doctrines in Europe and Russia in the 19th-20th centuries: Mater. intercollegiate scientific-practical conf. – Ekaterinburg: Ural State University Publishing House, 2016. – P. 176.
5. Novitsky I. B. Roman law: a textbook for academic undergraduates. – M.: Yurayt Publishing House, 2018. – P. 123.
6. Muromtsev S. A. Civil law of Ancient Rome: lectures. – M.: Statute, 2013. – P. 316.
7. Guy. Institutions / Transl. from lat. F. Dydynsky; edited by V. A. Savelyeva, L. L. Kofanova. – M.: Yurist, 1997. – P. 205.
8. Stolyarov D. A. Problems of distinguishing between void and voidable transactions in civil law (from Roman legal experience to modern civil law) // Current theoretical and practical issues in the development of jurisprudence: Mater. All-Russian intercollegiate scientific-practical conf. (for students, undergraduates, graduate students, teachers, specialists). – M.: International Law Institute, 2017. – P. 237.
9. Fonin R. A. On the issue of the origins of the modern definition and legal essence of a transaction in civil law // Humanitarian Scientific Bulletin. – 2021. – No. 4. – P. 187.
10. Melnikov V.S., Melnikova Yu.V. Historical retrospective of the development of the concept of a transaction // Modern trends in the development of science and technology. – 2016. – No. 1-7. – pp. 71-78.
11. Shapp Y. Fundamentals of civil law in Germany / Transl. and preface K. Arslanova. – M.: Beck, 1996. – P. 160-161.
12. Flume W. Allgemeiner Teil des Bürgerlichen Rechts. – Berlin; Heidelberg: Springer Verlag, 1992. – Bd. 2: Das Rechtsgeschäft. – X, S.25 – 987 s.
13. Dormidontov G.F. System of Roman law: General part. – Kazan: Typo-lithographic. Imp. University, 1910. – P. 21.
14. Shapp Y. System of German civil law. – M.: International. relations, 2006. – P. 199.
15. Gatin A. M. Civil law. – M.: Dashkov and K, 2009. – 232 p.
16. Belov V. A. The doctrine of the transaction in the Russian doctrine of civil law (literary review). – M.: Statute, 2008. – P. 135.
CIVIL PROCEDURE
BURKHANOVA Sofya Davurovna
Chairman of the SSS of the East Siberian branch of the Russian State University of Justice, Irkutsk
MOGILEVA Alexandra Vyacheslavovna
specialist of Civil law sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk, Russia
SYRYEV Bogdan Olegovich
Deputy Chairman of the SSS of the East Siberian branch of the Russian State University of Justice Russia, Irkutsk
TOPICAL ISSUES OF THE DIVISION OF COMPETENCE BETWEEN ARBITRATION COURTS AND COURTS OF GENERAL JURISDICTION
The article analyzes the problem of jurisdiction, which acquires a special character, the reform of legislation in terms of eliminating this concept and replacing it with “competence or jurisdiction” does not solve the problem of legal regulation. Such a substitution of concepts is nothing more than “change for the sake of change” and does not affect the quality of law enforcement practice, therefore, a meaningful and reasonable approach on the part of the state to solving this problem is able to regulate more serious issues related to both the organization of courts and the judicial process.
Keywords: competence of the court, arbitration jurisdiction, courts of general jurisdiction, the issue of jurisdiction, methods of determining judicial competence.
Bibliographic list of articles
1. Bichurin D.N. Institute of jurisdiction in judicial activities // E-Scio. – 2021. – No. 1 (52). – pp. 61-65.
2. Vasiliev D. P. Difference of competence between courts of general and arbitration jurisdiction // Bulletin of the State Law Academy. – 2018. – No. 2 (121). – pp. 164-170.
3. Marudina I. E. Distinction between categories of jurisdiction, jurisdiction of civil cases and the competence of courts in the context of realizing the right to access to justice. – Direct text // Protection of human rights: theory and regional practice: collection of materials of the All-Russian scientific and practical conference, Abakan, October 07–08, 2021. – Abakan: Khakass State University named after. N. F. Katanova. – 2021. – pp. 125-126.
4. Loshkarev A.V., Mikhailova A.D. Problems of determining patrimonial and territorial jurisdiction // International Journal of Humanities and Natural Sciences. – 2022. – No. 5-3 (68). – pp. 103-105.
5. Grankin K. F. Delimitation of competence in civil cases // Russian justice. – 2018. – No. 1. – P. 44-47.
6. Vilyak O.I. On the problem of delimiting the jurisdiction of cases of challenging decisions, actions (inactions) of officials of the bailiff service between courts of general jurisdiction and arbitration courts // Executive law. – 2013. – No. 1. – P. 12-19.
7. Rozhkova M. A. On the issue of the content of the concepts of “competent court” and “jurisdiction of the case” // Journal of Russian Law. – 2021. – No. 1. – P. 21-24.
CIVIL PROCEDURE
VALIEVA Adelina Vitaljevna
student of the Kazan branch of the Russian State University of Justice
KHASANSHINA Flusa Gatovna
Ph.D. in Law, associate professor, associate professor of Civil procedural law sub-faculty of the Kazan branch of the Russian State University of Justice
JUDICIAL PROTECTION OF OBJECTS THAT HAVE ARISEN IN THE DIGITAL SPACE
The article is devoted to the judicial protection of objects arising in the digital space; the legislation on the issue under study is analyzed. The authors note the ambiguity of judicial regulation (namely, the issues of competence of the arbitration courts of the Russian Federation) in relation to entrepreneurial and other economic activities arising and operating in the information environment of the Internet.
Keywords: Internet space, judicial protection, competence, foreign element, jurisdiction, arbitration process.
Bibliographic list of articles
1. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on January 5, 2024) // Access from ATP “Consultant Plus”.
2. Getman-Pavlova I. V. International private law: textbook. – 4th ed., revised. and additional – M.: Yurayt Publishing House, 2013. – 959 p.
CIVIL PROCEDURE
IBRAGIMOV Abdulatip Muradovich
magister student of the Dagestan State University, Makhachkala
THE CONCEPT AND MEANING OF JUDICIAL PROCEEDINGS IN ARBITRATION COURTS
Current trends indicate an increasing interest in non-standard ways of resolving legal disputes. The arbitration court stands at the head of these methods due to its advantages over traditional litigation: procedural simplicity, reduced costs, speed of consideration of cases and guaranteed privacy. This underlines the importance of understanding the specifics of arbitration and its role in dispute resolution.
Keywords: arbitration court; competence; jurisdiction; powers; arbitration agreement; rights and obligations, arbitrability.
Bibliographic list of articles
1. Gabazov T. S., Buntysheva A. U. Institute of arbitration proceedings in civil procedural legislation // High technologies and innovations in science: Collection of selected articles of the International Scientific Conference, St. Petersburg, March 28, 2021. – St. Petersburg: Private scientific and educational institution of additional professional education National Humanitarian Research Institute “NATIONAL DEVELOPMENT”, 2021. – P. 145.
2. Zaytsev A.I. “Anthology of Alternative Dispute Resolution” – a new step in the development of methods for teaching ADR disciplines in Russia (review of the publication) // Arbitration Court. – 2009. – No. 4 (64). – pp. 170-172.
3. Kurochkin S.A. Arbitration of civil cases in the Russian Federation: theory and practice. – M.: Wolters Kluwer, 2007. – 272 p.
4. Polonsky B. Ya. Arbitration courts. – Especially for the GARANT system, 2020
5. Strebkov M.I. General characteristicsthe nature of arbitration proceedings in Russia and some problems of its legal regulation and status // Law and Management. – 2023. – No. 1. – P. 56.
6. Uporov D. A. Arbitration of civil cases in Russia: problems and prospects: textbook. – Novokuznetsk: FKOU VO Kuzbass Institute of the Federal Penitentiary Service of Russia, 2017. – 51 p.
CIVIL PROCEDURE
CHURAKOVA Ekaterina Nikolaevna
senior lecturer of Civil and arbitration process sub-faculty of the Samara State University of Economics
IRININA Yana Olegovna
magister student of the Samara State University of Economics
FEATURES OF THE JURISDICTIONAL PROCESS AT THE CURRENT STAGE OF INFORMATION TECHNOLOGY DEVELOPMENT
This article provides a theoretical and legal analysis of the topics of the jurisdictional process, identifies its characteristic features, advantages and disadvantages, and also considers the question of its features at the current stage of information technology development. Scientists propose their own vision of the need to use digitalization products in the process of legal activity, and also identify gaps in national legislation in the context of the regime of using information technologies in the jurisdictional sphere.
Keywords: jurisdictional process, information technology, judicial system, jurisdiction, legal procedure, legal process, justice, legal system, theory of law.
Bibliographic list of articles
1. Efremenko D. O. Jurisdictional process: concept, nature // Bulletin of Economic Security. 2016. No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/yurisdiktsionnyy-protsess-ponyatie-priroda (date of access: 09.13.2023).
2. Khabieva Z. D. Doctrinal understanding of law enforcement as the basis of the jurisdictional process // Agrarian and land law. 2022. No. 6 (210). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/doktrinalnoe-osmyslenie-pravoprimeneniya-kak-osnovy-yurisdiktsionnogo-protsessa (date of access: 09.13.2023).
3. Bidova B. B., Ganaeva E. E. Features and classification of the legal process // Law and state: theory and practice. 2022. No. 8 (212). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-i-klassifikatsiya-yuridicheskogo-protsessa (date of access: 09.13.2023).
4. Pavlushina A. A., Gavrilenko I. V. Information technologies in jurisdictional procedures // Legal policy and legal life. 2009. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informatsionnye-tehnologii-v-yurisdiktsionnyh-protsedurah (date of access: 09/13/2023).
5. Maksyutin M.V. Jurisdictional process (Questions of general theory): Dis. …cand. legal Sciences: 12.00.01: Moscow, 2002. 198 p. RSL OD, 61:03-12/920-9
6. Shcherbacheva L. V. Introduction of artificial intelligence into the judicial system // Bulletin of Economic Security. 2022. No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vvedenie-iskusstvennogo-intellekta-v-sudebnuyu-sistemu (date of access: 09.14.2023).
7. Gubaidullina E. Kh., Gavrilov I. A. Artificial intelligence in the civil proceedings of China // Modern strategies and digital transformations of sustainable development of society, education and science: Collection of materials of the VIII International Scientific and Practical Conference, Moscow, April 07, 2023. Moscow: Limited Liability Company “ALEF Publishing House”, 2023. pp. 59-63.
8. Chamber of Lawyers of the Samara Region (official website). [Electronic resource]. – Access mode: https://paso.ru
CIVIL PROCEDURE
AIDIEV Magomed Magomedtagirovich
magister student of Civil process sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ON THE QUESTION OF THE ESSENCE OF THE INSTITUTION OF ABSENTEE PROCEEDINGS IN THE CIVIL PROCEDURAL LAW OF RUSSIA
This article analyzes one of the controversial institutions of civil procedural law – the institution of absentee proceedings. Having studied, comprehended and evaluated this institution, we will reveal its content, essence, its basis, study it from the point of view of scientific literature, the opinions of scientists, and also give the pros and cons of using correspondence proceedings. Let us pay attention to the problems of absentee proceedings and ways of reforming them. In addition, we will give examples from judicial practice, the difficulties faced by the parties when making a court decision in absentia.
Keywords: absentee proceedings, simplified proceedings, civil proceedings.
Bibliographic list of articles
1. Summary statistical information on the activities of the federal governmenty courts of general jurisdiction and magistrates for the 1st half of 2023. [Electronic resource]. – Access mode: http://cdep.ru/index.php?id=79&item=7071.
2. Article-by-article commentary to the Civil Procedure Code of the Russian Federation / Ed. P. V. Krasheninnikova. – M.: Statute, 2012.
3. Zhilin G. A. Justice in civil cases: current issues: monograph. – M.: Prospekt, 2010. – P. 520.
4. Reshetnikova I. V. Correspondence proceedings // Civil process / Ed. V.V. Yarkova. – M.: Wolters Kluwer, 2006. – P. 408.
5. Osokina G. L. Civil process. A special part. – M.: Norma, 2007. – P. 319-320.
CIVIL PROCEDURE
CHURAKOVA Ekaterina Nikolaevna
senior lecturer of Civil and arbitration process sub-faculty of the Samara State University of Economics
NIKONOROVA Albina Andreevna
magister student of the Samara State University of Economics
DIGITALIZATION IN BANKRUPTCY PROCEEDINGS
This article presents a theoretical and legal analysis of the topic of digitalization in the field of bankruptcy procedures. The researcher identifies the key vectors of informatization of the sphere of legal activity of a bankrupt. The author notes their advantages and disadvantages. He believes that as important innovations in the field of informatization of bankruptcy procedures, it is worth highlighting the Unified Federal Register of Bankruptcy Information (hereinafter – the Unified State Register of Legal Entities), information programs Bankro.TECH, Assistant to the Arbitration Manager, Spark-Interfax and others. The researcher believes that in order to bring our state to a fundamentally new level in the field of digitalization of bankruptcy procedures, we should more often conduct a retrospective analysis in terms of studying available information technologies, as well as refer to the experience of foreign countries in terms of optimizing the procedure within their national legislation.
Keywords: transformation, bankruptcy, arbitration process, bankruptcy procedure, informatization, legal activity.
Bibliographic list of articles
1. Malyar V. I., Aksenova E. A. The impact of digital technologies on the process of automation in cases of insolvency (bankruptcy) // Business Strategies. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozdeystvie-tsifrovyh-tehnologiy-na-protsess-avtomatizatsii-po-delam-nesostoyatelnosti-bankrotstva (date of access: 10/16/2023).
2. Loshkarev A.V., Bozhko A.P. The influence of digital technologies on the optimization of proceedings in cases of insolvency (bankruptcy) // International Journal of Humanities and Natural Sciences. – 2020. – No. 10-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-tsifrovyh-tehnologiy-na-otpimizatsiyu-proizvodstv-po-delam-o-nesostoyatelnosti-bankrotstve (date of access: 10/16/2023).
3. Gareev A. R. Practice of using innovative information technologies to increase the efficiency of the bankruptcy institution // MIR (Modernization. Innovation. Development). – 2013. – No. 13. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/praktika-primeneniya-innovatsionnyh-informatsionnyh-tehnologiy-dlya-povysheniya-effektivnosti-instituta-bankrotstva (date of access: 10/16/2023).
4. Yusupova N. I., Volik E. O. Monitoring bankruptcies using data mining methods // Vestnik UGATU = Vestnik UGATU. – 2008. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/monitoring-bankrotstv-s-ispolzovaniem-metodov-intellektualnogo-analiza-dannyh (date of access: 10/16/2023).
5. Soldatenkov V. Yu. Modern information technologies as an imperative for effective crisis management // SRRM. – 2017. – No. 1 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-informatsionnye-tehnologii-kak-imperativ-effektivnogo-antikrizisnogo-upravleniya (date of access: 10/16/2023).
6. Gubaidullina E. Kh. Problems and prospects for legal regulation of the use of Big Data in the Russian Federation / E. Kh. Gubaidullina // Questions of Economics and Law. – 2021. – No. 154. – P. 14-17.
7. Ageeva G. E. Digitalization of the Openness Principle of Civil Proceedings: Enunciation Issues // Current Achievements, Challenges and Digital Chances of Knowledge Based Economy: Part of the Lecture Notes in Networks and Systems book series (LNNS, volume 133). – P. 707-712.
8. Vorobyova A. A. Electronic evidence as a modern way of interaction between participants in litigation in arbitration proceedings / A. A. Vorobyova, Yu. V. Chertykovtsev // Questions of Economics and Law. – 2023. – No. 180. – P. 62-65.
9. Unified system for conducting bankruptcy procedures. [Electronic resource]. – Regism access: https://bankro.tech/
10. “Assistant Arbitration Manager” program. [Electronic resource]. – Access mode: https://russianit.ru/products/pau/
11. Program for checking counterparties. [Electronic resource]. – Access mode: https://spark-interfax.ru/
12. Platform for conducting electronic trading. [Electronic resource]. – Access mode: https://www.b2b-center.ru/app/
CIVIL PROCEDURE
MAGOMEDOV Rasul Magomedkamilovich
magister student of the 2nd course full-time education, training profile: “Problems of civil and arbitration procedural law” of Civil process sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE HISTORY OF THE DEVELOPMENT OF THE SYSTEM OF JUDICIAL EVIDENCE IN THE JUDICIAL PROCEEDINGS OF THE RUSSIAN FEDERATION
The article examines the history of the development of judicial evidence in the judicial proceedings of the Russian Federation.
To achieve this goal, the following tasks were set and studied:
– to consider the concept, signs and meaning of judicial evidence;
– to determine the classification of judicial evidence;
– to explore ways to identify and collect evidence in civil proceedings;
– analyze the evaluation of evidence in civil proceedings;
– to analyze the trends and prospects for the development of the institution of evidence in civil cases in Russia.
Keywords: evidence, legislation, civil procedure, legal proceedings, procedural norms.
Bibliographic list of articles
1. Civil process: textbook / Edited by L. V. Tumanova. – Moscow: Prospekt, 2019. – 411 p.
2. Nakhova E. A. Functions of the subject of proof in civil proceedings // Leningrad Legal Journal. – 2020. – No. 2 (60). – pp. 150-161. [Electronic resource]. – Access mode: https://elibrary.ru/keyword_items.asp?id=2680812 (date of access: 03.25.2022).
3. Eliseev N. G. Basic concepts of evidentiary law // Laws of Russia: experience, analysis, practice. – 2017. – No. 1 – P. 45 -48.
4. Reader on the history of the Russian state and law (X century – 1917) / comp. V. A. Tomsinov. – M., 2000. – P. 4.
CIVIL PROCEDURE
CHURAKOVA Ekaterina Nikolaevna
senior lecturer of Civil and arbitration process sub-faculty of the Samara State University of Economics
SKOROKHODOV Alexey Andreevich
magister student of the Samara State University of Economics, senior legal adviser of the Department of Claim Work of the Legal Department of the MIA of Russia in the Samara region
PROSPECTS OF TECHNOLOGICAL ACTUALIZATION OF THE JUDICIAL SYSTEM OF THE RUSSIAN FEDERATION
This article provides an analytical study of the prospects and opportunities for the development of the Russian judicial system in the context of the information technology aspect. The author conducted a brief analysis of the existing information systems used in the Russian judicial process, and applied empirical methods of cognition to reveal the prospects of the actual application of information technology systems in the judicial system of the Russian Federation from the point of view of a judicial representative.
Keywords: information technology, accessibility of justice, information, Internet, judicial system, videoconferencing.
Bibliographic list of articles
1. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated March 16, 2022 No. 88a-4134/2022 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
2. Cassation ruling of the Seventh Court of Cassation of General Jurisdiction dated April 19, 2022 No. 88a-6648/2022 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
3. Lebedev said that during the pandemic, the judicial system switched to digital technologies. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/18066395 (date of access: 10.17.23).
4. Determination of the Armed Forces of the Russian Federation of February 15, 2022 No. 74-KG21-8-K9 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
5. Technical support portal of the State Automated System of the Russian Federation “Justice” [Electronic resource]. – Access mode: https://techportal.sudrf.ru/?id=234 (date of access: 10/17/23).
6. Regulations on the procedure for posting the texts of judicial acts on the official websites of the Supreme Court of the Russian Federation, courts of general jurisdiction and arbitration courts on the Internet information and telecommunications network, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated 27.09.2017 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
7. Regulations on the procedure for posting the texts of judicial acts on the official websites of the Supreme Court of the Russian Federation, courts of general jurisdiction and arbitration courts on the Internet information and telecommunications network, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 27, 2017 // Access from reference. – legal system “ConsultantPlus” (date of access: 10/11/2023). – Text: electronic.
8. Regulations on the creation and maintenance of official Internet sites of courts of general jurisdiction of the Russian Federation (approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of November 24, 2004) // ATP “Consultant Plus” [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn10/news/tax_doc_news/5846491/
9. Rules for the provision of postal services, approved by order of the Ministry of Digital Development of Russia dated April 17, 2023 No. 382 // SPS “Consultant Plus” [Electronic resource]. – Access mode: https://www.nalog.gov.ru/rn10/news/tax_doc_news/5846491/
10. A meeting was held on expanding citizens’ access to justice using digital technologies. [Electronic resource]. – Access mode: https://vsrf.ru/press_center/news/32662/ (access date: 10/17/23).
11. Zelentsov A. B., Natroshvili G. I. Digital support of administrative justice in the conditions of building an “electronic state”: some theoretical issues // Administrative law and process. 2020. No. 12.
12. Shikina D.V., Shumov P.V. Some problems of proper notification of persons participating in arbitration proceedings // Diary of Science. 2020. No. 6 (42). P. 62.
13. Shatkovskaya T.V., Goncharov E.I. Electronic document management in the judicial system of the Russian Federation. Problems and prospects // North Caucasian Legal Bulletin. 2021. No. 2.
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty of the Kuban State Agrarian University, Krasnodar
KONDRA Alisa Vasiljevna
student of the 3rd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
SEDOVA Anastasiya Alexandrovna
student of the 3rd course of the Faculty of Law of the Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF LEGAL REGULATION OF SURROGACY IN RUSSIA
This work is devoted to the legal regulation of the institution of surrogacy in the Russian Federation. The authors consider the impact of family law norms on social relations related to surrogacy. In addition, the work used regulations of the Government and the Ministry of Health. The article touches on currently relevant gaps in legislation and provides judicial practice. Such important aspects as subjects of legal relations and their legal status are considered. By analyzing the regulatory framework, the authors highlight the problems that currently exist. At the same time, the article suggests ways to solve them by changing legislation.
Keywords: surrogacy, assisted reproductive technologies, family law, civil law, healthcare.
Bibliographic list of articles
1. Savitskaya A. A., Kudryavtseva L. V. Current problems of legal regulation of surrogacy // Scientific support of the agro-industrial complex. – 2019. – pp. 1394-1398.
2. Kudryavtseva L.V., Kuemzhieva S.A., Maslennikova L.V. Current problems of family law: textbook. allowance. – Krasnodar: KubGAU, 2020. – 101 p.
LABOR LAW
GORELOV Roman Olegovich
postgraduate student of Labor law and social security law sub-faculty of the Russian State University of Justice
THE PROBLEMS OF CONCLUDING FIXED-TERM EMPLOYMENT CONTRACTS
The article reveals the concept, the essence of a fixed-term employment contract, and the labor guarantees of an employee engaged in activities under a fixed-term employment contract. It turns out that such contracts can reduce the employee’s security by allowing an unscrupulous employer to dismiss an employee after the expiration of the contract, as well as repeatedly extend a fixed-term employment contract for longer periods or with more extensions than permitted by applicable law . The foreign experience of legal regulation of this issue is considered. The problems of legal regulation of the conclusion and termination of an employment contract in the Russian Federation, as well as judicial practice in this category of disputes, are analyzed. Proposals are being made aimed at improving labor legislation, ensuring uniformity of judicial practice and, ultimately, protecting the rights and legitimate interests of employees engaged in work undera fixed-term employment contract.
Keywords: fixed-term employment contract, employee, employer, term, conclusion, renegotiation, abuse, court.
Bibliographic list of articles
1. Lyutov N. L. Fixed-term employment contract as a tool for precarious employment: multiple re-conclusion and the possibility of concluding with scientific and pedagogical workers // Labor law in Russia and abroad. – 2018. – No. 4. – P. 20-23.
2. International Labor Organization. Legal regulation of labor relations in Europe and Central Asia: guidance to Recommendation No. 198. – Geneva: ILO, 2014.
3. Bobkov V.N., Voitkovskaya I.V., Golovina S.Yu. et al. Labor relations in the development of non-standard forms of employment: monograph / Ed. N. L. Lyutova, N. V. Chernykh. – Moscow: Prospekt, 2022.
LABOR LAW
KUCHINA Yuliya Aleksandrovna
Ph.D. in Law, associate professor, associate professor of Labor Law sub-faculty of the V. F. Yakovlev Ural State Law University
ON THE ISSUE OF INCREASING THE EFFICIENCY OF INVESTING IN WORKING PERSON EDUCATION IN CONDITIONS OF PERSONNEL SHORTAGE
The article examines the issue of areas and levels of education that can most effectively help solve the problem of personnel shortages, primarily through investment from the state. The author substantiates the need to update the federal project “Promotion of Employment” from the point of view of expanding the citizens participating in it, as well as protecting public investments. The author also considers it appropriate to increase the status of professional standards and secondary vocational education in order to reduce the overeducation of workers.
Keywords: working person, Labor Code, education, personnel shortage, investment, qualification requirements, public policy, overeducation, promotion of employment.
Bibliographic list of articles
1. Maslennikova S.V. Ideology of constitutional amendments of 2020 in the sphere of social and economic development // Law. Journal of the Higher School of Economics. 2021. No. 5. P. 24-47.
2. Gaplikov S. A., Kurakov A. L. Labor Man as an Economic Category // Bulletin of the Chuvash University. 2010. No. 1. P. 328-333.
3. Dobrynin A.I., Dyatlov S.A., Tsyrenova E.D. Human capital in a transitive economy: formation, assessment, efficiency of use. St. Petersburg: Nauka, 1999. 309 pp.
4. Nikandrov N. D. Excessive education: memories from history and reflections on modernity // World of education – education in the world. 2020. No. 2 (78). P.7-21
5. Varlamova T. A., Gokhberg L. M., Ozerova O. K. et al. Education in numbers: 2023: a brief statistical collection / Nat. research University “Higher School of Economics”. M.: ISSEK HSE, 2023. 132 p. 350 copies – ISBN 978-5-7598-3004-7 (in the region).
6. Goliusova Yu. V., Ivashchenkova N. V. Excessive education in Russia: socio-economic consequences // Theory and practice of social development. 2014. No. 18. P.25-31
LABOR LAW
LINETS Alexander Alexandrovich
Ph.D. in Law, associate professor of Labor law sub-faculty of the M. V. Lomonosov Moscow State University
LEGAL CONSTRUCTIONS OF THE IMPLEMENTATION OF THE EMPLOYER POWER
The exercise of employer power is closely linked to the conduct of entrepreneurial activity. One of the most important aspects of labor relations is the disability to transfer the burden of entrepreneurial risk to employees. However, “being” in the power of the employer largely determines the dependence of the employee’s position on the employer’s choice of legal structures for the implementation of the employer’s authority. This article argues that such a choice often leads to a deterioration in the position of an employee, not so much from the point of view of the “letter” of the law, but based on the principles and objectives of labor legislation. This implies the need for a teleological interpretation of the possibility of applying certain legal structures by the employer. Moreover, there is a so-called “competition” of certain legal structures, the resolution of which takes place mainly with the participation of law enforcement bodies (as in the case of termination of an employment contract under paragraph 2 of part 1 of Article 81 and under paragraph 7 of Part 1 of Article 77 of the Labor Code of the Russian Federation).
Keywords: legal structures, entrepreneurial risk, employer power.
Bibliographic list of articles
1. Kurennoy A. M. Law and justice in the Russian system of regulation of labor relations // Labor law in Russia and abroad. 2018. No. 4. P. 5-9.
2. Linets A. A. The role of labor law in the economic systemsociety at the present stage: dis. … doc. legal Sci. Moscow, 2022. 509 p.
3. Lushnikov A. M., Lushnikova M. V. Modern Russian labor law: global challenges in the context of risk and uncertainty // Labor law in Russia and abroad. 2023. No. 1. P. 2-5.
LABOR LAW
FILUSHСHENKO Lyudmila Ivanovna
Ph.D. in Law, associate professor of Legal regulation of economic activity sub-faculty of the First President of Russia B. N. Yeltsin Ural Federal University
PROFILING AS A TOOL FOR EVALUATING EMPLOYEES
The purpose of the study is to identify the content of the concept of “job seeker profiling” and the possibility of using it to evaluate persons in employment relationships. Attention is paid to the analysis of the wording of the law, the existing practice of collecting personal data of citizens. It is noted that excessive personal data not provided for by law is being collected and used in the process of evaluating citizens. Legally significant decisions are made on the basis of personal data collected in violation of the law. Profiling as a technology that helps solve personnel management issues is applicable, but relying on artificial intelligence solutions is dangerous, since there is a risk of erroneous decisions. Employers should be prohibited from making legally significant decisions based solely on automated processing of personal data. When forming a digital profile of an employee, we consider it necessary to limit the possibilities of the employer, to prevent illegal collection of information.
Keywords: assessment, profile, personal data, redundant information, private life, artificial intelligence.
Bibliographic list of articles
1. Abaev F. A. Legal regulation of relations on the protection of personal data in labor law: abstract. …dis. Ph.D. legal Sci. – M., 2014. – 27 p.
2. Gorodnova N.V. Application of artificial intelligence in the digital economy: monograph. – M.: First economic publishing house. 2021. – 154 pp.
3. Petrakova E. E. Study of the practice of using personnel profiling at an enterprise // Bulletin of the Komi Republican Academy of Public Service and Management. Theory and practice of management. 2021. – No. 4. – P. 76-82.
4. Filipova I. A. The influence of digital technologies on labor: guidelines for labor law. – Nizhny Novgorod, 2021. – 106 p.
5. Filipova I. A. Labor law: challenges of the information society // Law. Journal of the Higher School of Economics. – 2020. – No. 2. – P. 162–182.
INFORMATION LAW
DAVUDOVA Saida Yamudinovna
associate professor of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
RAGIMHANOVA Kamilla Tagirovna
lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan state University, Makhachkala
LEGAL REGULATION OF QUANTUM TECHNOLOGIES IN THE RUSSIAN FEDERATION
The article examines the basics of legal regulation of quantum technologies. Unlike many other fields of science, the scientific foundations of the legal regulation of quantum technologies have not yet been fully defined.
The features of the regulation of quantum technologies and communications in the Russian Federation and foreign countries are determined. The regulation of quantum technologies in legislation is considered and directions for the development of their legal regulation are proposed. The ongoing research has shown that quantum technology as an object of law needs to regulate the basics of regulating the legal essence, taking into account the features that consolidate the definition of regulatory regimes of quantum technologies. Such regulation applies to both general and special or special quantum technologies.
Keywords: quantum technologies; quantum communications; objects of law; technologies; scientific technologies.
Bibliographic list of articles
1. Karasev O.I. et al. The concept of “big challenges” in the system of forecasting the development of science, technology and innovation // Economic analysis: theory and practice. – 2019. – T. 18. – No. 7. – P. 1196-1212.
2. Kholodnaya E. V. Quantum technologies as an object of law // Bulletin of the University named after O. E. Kutafin. – 2022. – No. 4 (92). – pp. 38-45.
3. Naumov V. B., Stankovsky G. V. Legal aspects of quantum communications: new horizons // Gaps in Russian legislation. – 2019. – No. 4. – P. 235 @@ Fedotov N. N. Forensics – computer forensics [Text] / N. N. Fedotov. – M.: Legal World, 2007. – 432 p.
4. Golovkin R. B., Zybin D. G., Kalach A. V. Law of quantum technologies // Bulletin of the Voronezh Institute FSIN Russia. – 2021. – No. 1. – P. 134-140.
INFORMATION LAW
RAGIMKHANOVA Kamilla Tagirovna
senior lecturer of Information law and informatics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
FEATURES OF THE CONCEPT OF LEGAL INFORMATION AND ITS LEGAL PROPERTIES
The relevance of the research topic is due to the fact that in modern society the role of information is increasing in almost all areas of life. The reason for this is the fact that the information sector is succeeding in development even more than, for example, the development of the agricultural sector or the economy. Therefore, it is safe to call the XXI century the information century, and modern society the information one. The information society is developing at a rapid pace, and this development, in turn, affects the social relations that develop between members of society.
Keywords: information openness, properties, transparency, information, legal regulation.
Bibliographic list of articles
1. Belyaeva O. V. Freedom of information, the right to information and the right to protection from information // Modern society and law. – 2021. – No. 2 (51). – pp. 39-44.
2. Butova A. S. State information policy of the Russian Federation at the present stage // Science in the modern world: collection of articles of the international scientific conference / Ed. V.V. Rastoskueva. O. E. Gribova, I. V. Nekrasova. – 2016. – P. 114.
3. Dzyuba O. N., Novitskaya E. A. Propaganda, freedom of speech and its restrictions, the right of citizens to be informed // Financial Economics. – 2022. – No. 12. – P. 205-208.
4. Egorov P. A. Issues of digitalization. Protection of personal data in modern realities // XXXV international Plekhanov readings: Anniversary collection of articles by graduate students and young scientists in English, Moscow, March 25, 2022. – Moscow: Russian Economic University named after G.V. Plekhanov, 2022. – P. 33-37.
5. Kanishevsky N. A. The right to information, the right to access information: problems of relationships between concepts / N. A. Kanishevsky // Current issues in the development of the modern digital environment: a collection of articles based on the materials of the scientific and technical conference of young scientists. – Moscow, 2021. – pp. 321-329.
FINANCIAL LAW
GAVRILSNENKO Karina Ruslanovna
student of the Far Eastern Federal University, Vladivostok
DENISUUK Evgeniya Ivanovna
student of the Far Eastern Federal University, Vladivostok
TNE PROCEDURE FOR PROTESTING TNE RIGNTS OF TACHROUERS IN AN ADMINISTRATIVE MANNER
The administrative procedure for the protection of taxpayers’ rights is of high importance within the framework of the taxation system, since, in accordance with part 2 of Article 138 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation), this procedure is the first stage preceding the taxpayer’s appeal to the judicial authorities. The relevance of this topic stems from the fact that the effectiveness of the mechanism of the administrative procedure for the protection of taxpayers’ rights affects the general system of guaranteeing their rights. The administrative order is an integral component of the entire system, being the primary link. Firstly, it represents a key mechanism for protecting the rights of the taxpayer, and, secondly, it acts as a kind of “filter” that unloads judicial authorities from excessive workload, which, of course, is of high importance in modern conditions.
Keywords: financial law, tax law, taxes, taxpayers’ rights, protection of taxpayers’ rights, administrative procedure for the protection of rights.
Bibliographic list of articles
1. Sidorova A. V. Tax disputes: concept and signs // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 4 (Z2).
– P. 76 [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalogovyespory-ponyatie-i-priznaki (date of access: 12/17/202З).
2. Smolina O. Adversarialness and spontaneity in pre-trial evidence / O. Smolina
// Tax newsletter. – 2016. – No. 6. – P. 89. Z7. @@ Smolina O. S. The purpose of proof in tax disputes in arbitration proceedings / O. Smolina // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2017. – No. 1 (59). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsel-dokazyvaniyapo-nalogovym-sporam-v-arbitrazhnom-protsesse (date of access: 12/17/202З).
Z. Marzoeva I. O. Administrative procedure for appealing acts of tax authorities, actions (inactions) of officials of tax authorities. Type: Article Author: Marzoeva I. O. – Moscow: Publishing house: Yurist, 2008. – P. 19-2З.
4. Gribanov V. P. Interest in graZhdansky law // Soviet state and law. – 1967. – No. 1. – P. 49-56.
5. Sultanov A. R. Appeal and legitimate interest in the procedure for challenging normative acts / A. R. Sultanov // Russian judge. – 2017. – No. 10. – P. 49-54.
6. Tolcheev N.K. Judicial challenge of acts containing clarifications of legislation and having normative properties // Judge. – 2018. – No. 1. – S. Z8-42.
7. Torbunova V.V. Pre-trial settlement mechanism
tax disputes // Legal fact. – 2017. – No. 8 (8).
– pp. 6-8.
8. Fairuzova Yu. M., N. N. Boyko The concept and essence of a tax dispute // Modern scientific research and development. – 2017. – No. 9 (17). – pp. 480-481.
9. Khavanova I. A. Features of proceedings on tax disputes in arbitration courts – current issues of theory and practice // Taxes-journal. – 2010. – No. 5.
– P. 10-17.
FINANCIAL LAW
GERASHCHENKO Alexandra Sergeevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOVA Albina Nikolaevna
student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
OCHAKOVSKIY Viktor Alexandrovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF PAYMENT FOR ACTUALLY UNCOMPLETED WORK ACCORDING TO THE STATE CONTRACT
This scientific article examines the problem of actually unfulfilled work under government contracts in the Russian Federation. The article analyzes the legal core of regulation of this problem, including the provisions of Federal Law No. 44-FZ, as well as administrative and criminal liability that may be applied in case of violation of contractual obligations. The current status of the bill proposing to authorize municipal financial control bodies to draw up protocols in the case of municipal contracts is also considered. Particular attention is paid to the stage of acceptance of completed work and the possible administrative consequences for suppliers in case of non-compliance with the terms of the contract. The problem of the effectiveness of regulation of municipal contracts is raised, highlighting the need to improve legislation in this area. An analysis of articles 285.1 and 285.2 of the Criminal Code of the Russian Federation emphasizes their importance in preventing abuse of budget funds that undermine the financial stability of the state. The author identifies public and personal interests, the violation of which may be a consequence of non-compliance with contractual obligations. In fact, unfulfilled work under government contracts is seen as a source of serious problems for the budgetary system, highlighting the urgency of the issue.
Keywords: unfulfilled work, state contract, municipal contract, financial control, legislation, state and municipal needs.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (as amended on July 4, 2020) // “Rossiyskaya Gazeta” dated December 25, 1993 – No. 237 (original text).
2. Part one of the Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ Adopted by the State Duma on October 21, 1994 (as amended on October 1, 2023) // Collection of Legislation of the Russian Federation dated December 5, 1994 – No. 32 . – Art. 3301.
3. Budget Code of the Russian Federation dated July 31, 1998 No. 145-FZ (as amended on September 1, 2023) // Collection of Legislation of the Russian Federation dated August 3, 1998 – No. 31. – Art. 3823.
4. Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (as amended on August 15, 2023) // Collection of legislation of the Russian Federation dated 8 April 2013 – No. 14. – Art. 1652.
5. Mironenko N. N., Pavlov N. V. Features of the management of municipal property // Epomen. – 2022. – No. 69. – P. 212-219.
6. Nikulina S. A., Yushko A. V. On the issue of legal regulation of municipal procurement // Epomen. – 2019. – No. 25. – P. 212-221.
7. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ (as amended on October 12, 2023) // Collection of Legislation of the Russian Federation dated January 7, 2002 – No. 1 (Part I). – St. 1.
8. Arkhireeva A. S., Repyakh A. Budget of a municipal entity: problems and ways to increase its revenue and prevention of tax offenses // Epomen. – 2021. – No. 55. – P. 290-295.
9. Arkhireeva A. S., Kostenko B. Yu. Financial security and the main directions of its provision // Epomen. – 2019. – No. 34. – P. 26-32.
10. Criminal Code of the Russian FederationII dated June 13, 1996 No. 63-FZ (as amended on October 12, 2023) // Collection of Legislation of the Russian Federation dated June 17, 1996 – No. 25. – Art. 2954.
11. Ochakovsky V. A., Usenko A. S. Forensic characteristics of abuses in the sphere of public procurement of goods, works, services to ensure state or municipal needs // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (61). – pp. 82-89.
12. Leiba I. P., Pavlov N. V., Ochakovsky V. A. The municipal budget as a key element of the economic foundations of local self-government (municipal legal aspect) // Humanitarian, socio-economic and social sciences. – 2019. – No. 7. – P. 94-97.
13. Arkhireeva A. S., Edidzhi F. A. Problems of development of financial control // Epomen. – 2020. – No. 36. – P. 17-24.
14. Abramov N.V., Yushko A.V. Economic basis of local self-government of the era. – 2019. – No. 23. – P. 20-28.
FINANCIAL LAW
DZUTSEVA Madina Feliksovna
assistant of Financial and administrative law sub-faculty of the Faculty of Law of the K. L. Khetagurov North Ossetian State University
THE IMPACT OF INTERNATIONAL SANCTIONS ON THE RUSSIAN FINANCIAL SYSTEM AND ADAPTATION STRATEGIES
The article analyzes the economic effect of the sanctions imposed on the Russian Federation, as well as their interim results. The nature of sanctions pressure, its mechanism are revealed, and the expediency of imposing sanctions in the modern world is analyzed. The assessment of the Government’s economic bloc’s response to sanctions is given. The barriers and obstacles to the recovery growth of the Russian economy are considered, among which are: limited access of Russia to the technology market, difficulties in adapting to new conditions for small and medium-sized businesses, dependence on China. Strategies for adapting to new economic conditions and minimizing negative consequences are formulated.
Keywords: sanctions pressure, adaptation policy, economic system, recovery growth, economic effect.
Bibliographic list of articles
1. Smorodinskaya N.V., Katukov D.D. Russia under sanctions: limits of adaptation // Bulletin of the Institute of Economics of the Russian Academy of Sciences. –2022. – No. 6. – P. 52-67
2. Masalsky M. G. Economic sanctions. The impact of economic sanctions on the Russian Federation // Economy and Society. 2022. – No. 4-3 (95). – pp. 95-97
3. Smirnov E. N. Evolution of the international practice of applying anti-Russian economic sanctions // Russian Foreign Economic Bulletin. – 2022. – No. 4. – P. 4-31
4. Sagina O. A., Lazarev B. A. Adaptation of the Russian economy under sanctions // Bulletin of Eurasian Science. – 2023. – T. 15. – No. 2. – [Electronic resource]. – Access mode: https://esj.today/PDF/49ECVN223.pdf
5. Sukharev O. S. Policy of import substitution under sanctions / O. S. Sukharev // Russia: trends and development prospects. – 2022. – No. 17-2. – pp. 172-176.
6. Shageeva G. R., Galiakhmetova R. R. The impact of sanctions against Russia on the global economy // Universum: economics and jurisprudence. – 2022. – No. 5 (92). – pp. 5–7.
7. Shogenova D. Kh. Threats to Russia’s economic security under sanctions // Economics and business: theory and practice. – 2022. – No. 4-2. – pp. 234-238
FINANCIAL LAW
DREVAL Lyudmila Nikolaevna
Ph.D. in Law, professor, professor of the Higher School of Public Law of the Institute of Law of the Pacific National University, Khabarovsk
GLUSHIN Dmitriy Yaroslavovich
student of the Institute of Law of the Pacific National University, Khabarovsk
KANAKAEVA Karina Vladimirovna
student of the Institute of Law of the Pacific National University, Khabarovsk
NON-BANK CREDIT ORGANIZATIONS IN THE BANKING SYSTEM OF THE RUSSIAN FEDERATION
Тhe article attempts to determine the place and role of non-bank credit organizations in the modern banking system of the Russian Federation, as well as the features of the financial legal personality of their individual types.
Based on the analysis of current legislation, statistical data, and application practices, some problems of legal regulation in the field of public relations under consideration are identified, conclusions are formulated aimed at improving banking legislation and practical activities.
Keywords: a banking system, a non-bank credit organization, lending, a payment system, a payment organization, the government, the central counterparty, the banking legislation.
Bibliographic list of articles
1. Bank of Russia. – [Electronic resource]. – Access mode: https://www.cbr.ru/ (date of access: 11/16/2023).
2. Mironova S. M.,Kozhemyakin D.V. The role of banks in the application of experimental tax regimes // Banking Law. – 2022. – No. 5.
FINANCIAL LAW
KEREFOVA Bella Ruslanovna
assistant of the Higher School of Law and Forensic Technical Expertise of Peter the Great St. Petersburg Polytechnic University
SURKIS Ilya Vitaljevich
student of the Higher School of Law and Forensic Technical Expertise of Peter the Great St. Petersburg Polytechnic University
LEGAL REGULATION OF DIGITAL FINANCIAL ASSETS
This article focuses on the fact that over the past decade, society has developed rapidly, new information technologies have been introduced into all spheres of life, and their active use has led to improved products in all sectors of the economy. In today’s reality, economic agents are forced to look for alternative ways of doing business and new means of preserving funds that are less susceptible to changes in financial markets. The digitalization of the Russian economy today has led to the emergence of an innovative digital financial product, namely digital financial assets (hereinafter referred to as DFAs). , the planned further development of the main areas of economic activity in a digital direction shows the importance of an in-depth study of both the very nature of DFAs and their legal foundations.
Keywords: digital financial assets, digital currency, digital financial technologies.
Bibliographic list of articles
1. Koshelev K. A. Trends in the development of the market of digital financial assets in the context of the digital transformation of the world economy // Finance: theory and practice. – 2022. – No. 26 (4). – pp. 80-94.
2. Kochergin D. A., Pokrovskaya N. V. International experience in taxation of crypto assets // Economic journal of the Higher School of Economics. – 2020. – No. 1 – pp. 8-12.
3. Denisov I. S., Kapichnikova E. Yu., Yurakova A. Yu. Legal regulation of digital financial assets in Russia // Economics. Right. Society. – 2019. – No. 4. – P. 66–71.
4. On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation: Federal Law of the Russian Federation dated July 31, 2020 No. 259-FZ // “ConsultantPlus”.
5. Romanov N. I., Romanova N. V. Digital financial assets and the state: control and security // From scientific ideas to business development strategy: a collection of articles-presentations of student research works on the problem “National security as the basis of competitiveness and economic growth of the country.” – Moscow: Scientific consultant, 2019. – T. 1. – P. 186-191.
6. Rohr, Jonathan and Wright, Aaron, Blockchain-Based Token Sales, Initial Coin Offerings, and the Democratization of Public Capital Markets (October 4, 2017). Cardozo Legal Studies Research Paper no. 527; University of Tennessee Legal Studies Research Paper No. 338. Available at SSRN: https://ssrn.com/abstract=3048104, (accessed 12/06/2023).
7. The Virtual Financial Assets Act. [Electronic resource]. – Access mode: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29079&l=1 (date of access: 06/28/2023).
8. Decree of the President of the Republic of Belarus dated December 21, 2017 No. 8 “On the development of the digital economy.” [Electronic resource]. – Access mode: http://president.gov.by/ru/official_documents_ru/view/dekret-8-ot-21-dekabrja-2017-g-17716 (date of access: 12/06/2023).
9. House Bill 138 Revised Uniform Fiduciary Access to Digital Assets Act / LegiScan. [Electronic resource]. – Access mode: https://legiscan.com/AL/text/HB138/2017 (access date: 12/06/2023).
FINANCIAL LAW
OVCHINNIKOVA Larisa Ivanovna
Ph.D. in Law, associate professor, associate professor of International and public law sub-faculty of the Financial University under the Government of the Russian Federation
ON THE ISSUE OF LEGAL REGULATION OF THE DIGITALIZATION OF THE ECONOMY
The article deals with topical issues of legal regulation of the digitalization of the economy, the analysis of existing and the development of new legislative acts to ensure the protection of the rights and interests of citizens, business and the state in a digital environment, the development of effective legal mechanisms for regulating the digital economy. The problematic aspects of legal regulation related to the specifics of relations in the digital economy in the development of legal norms, in the search for an optimal balance between regulatory legal regulation and self-regulation in the digital economy, the relationship between domestic and international law in the context of the digital economy are considered and ways to solve them are proposed.
Keywords: digitalization, economics, digital technologies, legal regulation, legal mechanisms, legislative act, artificial intelligence.
Bibliographic list of articles
1. Collection of legislation of the Russian Federation. – 2017. – No. 20. – Art. 2901. – [Electronic resource]. – Access mode: https://www.szrf.ru/
2. Gadzhieva Kh. V., Omarova Z. N. Issues of legal regulation of digital transformation of the financial system // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 1. – P. 91-93.
3. Efimova L. G. An alternative view on the legal regulation of civil law relations in the digital economy // Current problems of Russian law. – 2021. – T. 16. No. 8. – P. 52-62.
4. Yakovleva-Chernysheva A. Yu., Druzhinina A. V. Legal regulation of digitalization processes in Russia: civil law aspect // Legal studies. – 2021. – No. 8. – P. 51-62.
FINANCIAL LAW
SНKIL Vladislav Viktorovich
student of the Far Eastern Federal University, Vladivostok
SAVIN Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
GORNOSTAL Stas Vitalievich
student of the Far Eastern Federal University, Vladivostok
SNERNENKO Vyacheslav Olegovich
student of the Far Eastern Federal University, Vladivostok
ANALYSIS OF TNE IMPAST OF FINANCIAL BUBBLES ON TNE ECONOMY
This review is dedicated to a comprehensive analysis of the financial bubble phenomenon, its origins, development mechanisms, and consequences for the economy. The paper examines various types of financial bubbles, including speculative, rational, and commission-based, as well as their characteristic features and causes. Authors provide historical examples of financial bubbles, analyzing their dynamics and implications for the economy. Special attention is given to Russian and global experiences, demonstrating how financial bubbles can impact different aspects of the economic system.
Keywords: financial bubble, economic crisis, speculation, market value, inflation, financial stability, development mechanisms, historical examples, impact on the economy, risk prevention.
Bibliographic list of articles
1. Shiller R. J. Irrational ecstasy: What forces are behind financial bubbles. – Moscow: Alpina Publisher, 2015.
2. Graham B., Dodd D. Analysis of securities. – Moscow: Williams, 2007.
Z. Minsky H. Stability and instability in the financial system. – Moscow: Gaidar Institute Publishing House, 2016.
4. Keynes J.M. General theory of employment, interest and money. – Moscow: Eksmo, 2017.
5. Soros J. The crisis of world capitalism: open society is in danger. – Moscow: Infra-M, 1998.
6. Roubini N., Miom S. Economics of crisis: chronicle of the global collapse. – Moscow: Eksmo, 2009.
TAX LAW
GLУZIN Аlexey Vladislavovich
student of the Far Eastern Federal University, Vladivostok
ZНOVANIK Kseniya Matveevna
student of the Far Eastern Federal University, Vladivostok
BURDУUKOVA Аanna Аndreevna
student of the Far Eastern Federal University, Vladivostok
ABRAMOVA Sofiya Mikhaylovna
student of the Far Eastern Federal University, Vladivostok
INTRODUCTION OF A SINGLE TAX ASSOUNT AS A WOW TO OPTIMIZE TNE TAX PROCESS
This document represents an analytical study dedicated to the exploration of the timely subject of tax process optimization in the Russian Federation, with a special focus on the issues of implementing and applying a unified tax account. The paper examines the key aspects of the current tax system, identifies areas in need of refinement and improvement, and suggests solutions to the identified problems.
Keywords: taxation, unified tax account, tax process optimization, Russian tax system, fairness in taxation, transparency of tax relations, simplification of tax payment procedures, automation of tax calculations, legal certainty, fiscal policy, financial monitoring, social justice, efficiency of the tax system, interaction between taxpayers and tax authorities.
Bibliographic list of articles
1. Draft federal law No. 46702-8 “On amendments to parts one and two of the Tax Code of the Russian Federation” (in terms of improving the procedure for paying taxes). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
2. Explanatory note to the draft federal law “On amendments to parts one and two of the Tax Code of the Russian Federation. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
Z. On the draft federal law No. 46702-8 [Video recording]: Consideration of the bill State. Federal Duma. Collection Ross. Federation in the first reading 02/15/2022 / A. M. Makarov. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
4. Tax Code of the Russian Federation (part one) dated July 1, 1998 N 146-F3 (as amended on December 28, 2022) (with amendments and additions, entered into force on January 1, 2023) // SPS ConsultantPlus.
5. Conclusion on draft federal law No. 46702-8 “On amendments to parts one and two of the Tax Code of the Russian Federation” introduced by the Government of the Russian Federation. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/46702-8.
6. Ivanova S. V. Modernization of the tax system of the Russian Federation: advantages and risks of introducing a single tax account. – Moscow: Economics, 2022. – 156 pp.
7. Kuznetsova O. P. Analysis of changes in tax legislation: transition to a single tax account // Journal “Taxes and Financial Law”. – 202З.
– No. 4. – S. 45-5Z.
TAX LAW
KEREFOVA Bella Ruslanovna
assistant of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ROMANOVA Nataliya Evgenjevna
student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
SURKIS Ilya Vitaljevich
student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
IMPACT OF RISING TAXES AND FINES ON THE LEVEL OF CORRUPTION
This article examines the impact of rising taxes and fines on the level of corruption in the Russian Federation. The study is conducted to identify a possible relationship between an increase in tax and fine burden on the one hand and an increase in corrupt practices on the other. The article analyzes factors that may contribute to increased corruption in the context of rising taxes and fines, such as increased bureaucracy, the complexity of government tax procedures and the lack of sufficient transparency in the tax system. In conclusion, the study offers recommendations to reduce the negative impact of rising taxes and fines on the level of corruption in Russia.
Keywords: corruption, tax system, budget, fines, abuse of power, anti-corruption policy.
Bibliographic list of articles
1. Valieva O. Rising taxes and fines contribute to corruption // Scientific and educational portal IQ. [Electronic resource]. – Access mode: https://iq.hse.ru/news/177665373.html (date of access: November 26, 2023).
2. Gnatyshina E.I. Main directions of combating corruption in the modern world // Bulletin of the Russian University of Cooperation. – 2023. – No. 2. – P. 9-13.
3. Ignatova P. I., Kuzyakin Yu. P. Methods of combating corruption when interacting with taxpayers // Aspect. – 2021. – No. 16. – P. 3-7.
4. Maksimov V.K. The concept of corruption in international and Russian law // Law and Security. – 2002. – No. 2-3. – pp. 38-42.
5. Morokhov D. A., Demidov V. P., Demidov A. Yu., Mokhorova A. Yu., Klinitsky A. I., Danshina N. A. and Dolzhenkova E. Social regulators of combating corruption, extremism and terrorism / Monograph. Publishing house: Federal State Autonomous Educational Institution of Higher Education “Peter the Great St. Petersburg Polytechnic University” (St. Petersburg). – 2023, 136 pp.
6. Mokhorov D. A., Dolzhenkova E., Minkina M. V. Anti-corruption in the context of digitalization of state institutions // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 95-98.
7. Tax Code of the Russian Federation dated July 31, 1998 No. 146-FZ // Russian newspaper. – St. 8 s change and additional, ed. from 01.10.2023.
8. Nikitin K. Why we don’t want to pay taxes // HBR. – 2015. – No. 8. – P. 11-17.
9. Novikov S. Experts: increasing fines for violating traffic rules will lead to increased corruption // Moscow newspaper. [Electronic resource]. – Access mode: https://mskgazeta.ru/obshchestvo/eksperty-povyshenie-shtrafov-za-narushenie-pdd-privedet-k-usileniyu-korrupcii.html (date of access: November 26, 2023).
10. Resolution of the Sixteenth Court of Appeal dated October 15, 2021 No. A20-2322/2016. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/gAmBTDbbEkJw/ (date accessed November 26, 2023).
11. Federal Law of the Russian Federation “On Combating Corruption” dated December 25, 2008 No. 273-FZ // Rossiyskaya Gazeta. – with change and additional, ed. from 09.15.2023.
12. Yashina G. Why increasing taxes in Russia will lead to a decline in the economy and corruption // Capital of the Country. [Electronic resource]. – Access mode: https://kapital-rus.ru/articles/article/pochemu_povyshenie_nalogov_v_rossii_privedet_k_padeniyu_ekonomiki_i_korrupc/?ysclid=lpiqgaf2ol824447879 (date of access: 11/26/2023).
LAND LAW
DZHUNUSOVA Dzhamilya Nurashevna
Ph.D. in Law, associate professor, associate professor of Jurisprudence sub-faculty of the Institute of Economics and Law of the Astrakhan State Technical University
ON THE ISSUE OF LIABILITY FOR NON-USE OR IMPROPER USE OF AGRICULTURAL LAND
The lands used for agricultural purposes are rightfully recognized as a key resource, the basis for ensuring the country’s food security and its economic well-being. Therefore, one of the main issues that should constantly be in the focus of the state’s attention is the need for the rational use of agricultural land, the preservation of soil fertility and the prevention of a reduction in the area of land of this category.< br /> The article provides data characterizing the quantitative and qualitative condition of agricultural lands as part of the country’s land fund, analyzes the current legislation providing for liability for non-use or improper use of such lands.
Keywords: agricultural lands, soil fertility, land degradation, signs of non-use of land, legal liability.
Bibliographic list of articles
1. Eliseeva I. A. Legal regulation of the use and protection of agricultural lands in the Russian Federation and foreign countries: comparative legal analysis // Legal Bulletin of the Kuban State University. – 2023. – No. 1. – P. 55-62.
2. Pozdnyakova E. A. Management of unused or used in violation of the legislation of the Russian Federation agricultural land plots: comparative legal aspect // Bulletin of Tomsk State University. – 2022. – No. 478. – P. 236-243.
SOCIAL SECURITY 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
ON THE ISSUE OF SOCIAL SERVICES FOR THE PARTICIPANTS OF THE SMO OF THE RUSSIAN FEDERATION
The paper considers the issues of legislative consolidation of issues related to social services for participants in hostilities, special military operations, and veterans. Military personnel, conscripts for partial military mobilization and volunteers participating in the military have a certain number of preferences. Such opportunities are available not only during the service period, but also after it. However, there is a separate legislation for the military, on the basis of which they serve and benefits are also already established in these norms. It is worth noting that recent socio-economic changes have brought quite a lot of changes to the legislation on social services, which, in turn, affected other categories involved in the military operation. The paper attempts to analyze the existing norms and the possibility of their application to certain categories of participants in the SMO.
Keywords: the right of social security, social services, combatants, veterans, civil legislation.
Bibliographic list of articles
1. Ananyev O. G., Ananyeva E. O. The role of Peter I in solving social problems of the country’s population: the connection of the historical past in relations between the state and religious associations in penitentiary activities // Eurasian Legal Journal. 2022. No. 7 (170). pp. 75-77.
2. Ananyeva E. O., Ivliev P. V. On the legislative regulation of state payments as support for families with children // Law and Law. 2021. No. 11. P. 54-56.
3. Shmaeva T. A., Ananyeva E. O. The right of disabled people in the Russian Federation to social services: analysis of current legislation // Bulletin of the public research laboratory “Interaction of the penal system with the institutions of civil society: historical, legal and theoretical methodological aspects”. 2019. No. 15. P. 48-56.
4. Ananyeva E.O. Formation of an accessible system of legal information and provision of legal assistance to various categories of citizens of the Russian Federation // Bulletin of the public research laboratory “Interaction of the penal system with the institutions of civil society: historical, legal and theoretical and methodological aspects.” 2018. No. 11. P. 54-61.
5. Conscripts fighting on the borderin certain regions of Russia, will be given the status of a combat veteran. – [Electronic resource]. – Access mode: https://eanews.ru/news/srochnikam-voyuyushchim-v-prigranichnykh-oblastyakh-rossii-prosvoyat-status-veterana-boyevykh-deystviy_14-06-2023 (access date 02/5/2024).
BUSINESS LAW
ZUBKOVA Mariya Nikolaevna
Ph.D.in Law, associate professor of Legal support of economic activities sub-faculty of the Law Institute of the Samara State Economic University
BATALOV Ramil Evgenjevich
postgraduate student of the Institute of Law of the Samara State Economic University
CHALLENGING THE DEBTOR’S TRANSACTIONS IN THE COURSE OF EXTERNAL MANAGEMENT
Despite the fact that the norms of bankruptcy legislation have undergone significant changes in recent years, it is still an insufficiently effective mechanism. This is due to the fact that the process of challenging the debtor’s transactions is complicated by some problems of a theoretical and law enforcement nature. For example, a very significant problem is the establishment of inequality in challenging suspicious transactions of the debtor, as well as the lack of clear criteria for determining such inequality, the absence of boundaries of permissible inequality. In addition, it is difficult to determine the affiliation and interest of the counterparty in the disputed transaction, since the legislator used a very complex mechanism for this.
Keywords: bankruptcy, debtor’s transactions, preference transactions, suspicious transactions, contesting debtor’s transactions.
Bibliographic list of articles
1. Podolsky Yu. D. “Separate disputes in bankruptcy: Monograph.” – M.: Statute, 2020 – P. 114.
2. Sereda I. M. Sereda A. G. “The mechanism of legal regulation of relations arising in connection with the bringing of persons controlling the debtor to liability in bankruptcy”: Monograph.” – M.: Statute, 2020. – P. 38.
3. Tsindeliani I. A., Kiryanova N. N. Bankruptcy in the practice of the Supreme Court of the Russian Federation: a practical guide / Ed. I. A. Tsindeliani. – Moscow: Prospekt, 2018. – P. 118.
CRIMINAL 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
THE ROLE OF LEGAL CONSCIOUSNESS IN MODERN RUSSIA AS A FACTOR IN REDUCING THE RECIDIVISM OF CONVICTS
This article examines the objective need to reduce the level of recidivism among convicts in modern Russia. One effective approach is to increase the legal awareness of individuals in the criminal justice system. This study presents a set of different strategies to increase the legal consciousness of convicts and explores their potential for reducing recidivism. In the case of effective use of the mechanisms mentioned in the article associated with increasing legal awareness among convicts, the rate of recidivism can be significantly reduced.
Keywords: recidivism, convicts, criminal justice system, penal system, legal awareness, training programs, Federal Penitentiary Service, legal assistance, legal opportunities, resocialization.
Bibliographic list of articles
1. Vorobyova M. O. Legal consciousness: concept, structure, types, deformations // Bulletin of scientific thought. – 2022. – No. 4. – P. 226-230.
2. Samoilova A. A., Ivliev P. V. On the issue of educational work with convicts in penal institutions // Law and State: Theory and Practice. – 2023. – No. 8 (224). – pp. 352-354.
3. Ivliev P.V., Ananyev O.G. Social guarantees for employees of the penal system: certain aspects of medical support // Eurasian Legal Journal. – 2023. – No. 6 (181). – pp. 397-399.
CRIMINAL LAW
ANTONOV Alexander Yurjevich
lecturer of the Barnaul Law Institute of the MIA of Russia
THE PRACTICE OF USING WEAPONS BY THE UN PERSONNEL SERVING IN THE PEACEKEEPING MISSIONS
The use of weapons in UN peacekeeping has traditionally being viewed as an extreme measure of acceptable self-defense. At the same time, the UN Security Council regularly deploys peacekeeping missions with mandates to protect civilians, which includes using force. Such mandates could be interpreted to allow peacekeepers to use weapons in response to various threats to civilians. This article examines the relationship between peacekeeping mandates and criminal law in the context of the legality of the protection of civilians. The practical significance of the study manifests itself in the fact that the material can be used for further research in the field of criminal law. The relevance of the research topic is determined by the importance of improving the legal framework for the use of force by UN staff in cases of extreme necessity and to the extent required for the performance of their duties.
Keywords: criminal law, international cooperation, law enforcement agencies, Interpol, UN
Bibliographic list of articles
1. Konovalova S. V. Crimes against humanity: genesis and modern understanding of the concept // Glossa: Journal of foreign legislation and comparative law. – 2016. – pp. 101-108.
2. Smith M. et al. The Protection of Civilians in UN Peacekeeping Operations: Recent Developments. // Security Challenges. – 2011. – No. 4 – P. 27-38.
3. Tishkov S. A., Labin D. K. Institutionalization of UN police peacekeeping // Bulletin of MGIMO University. – 2019. – No. 64. – P. 107-128.
4. Konyshev V.N., Kubyshkin A.I., Sergunin A.A. Protection of the civilian population in UN peacekeeping activities: problems and prospects // National interests: priorities and security. – 2015. – No. 26. – P. 53-66.
5. Badalic V. The war against vague threats: The redefenitions of imminent threat and anticipatory use of force // Security Dialogue. – 2021. – No. 52 – P. 174-191.
6. Sharland L. MINUSMA and protection of civilians: Implications for future peacekeeping missions. [Electronic resource]. – Access mode: https://theglobalobservatory.org/2023/07/minusma-and-protection-of-civilians-implications-for-future-peacekeeping-missions.html (access date: 01/15/2024).
7. Antonov A. Yu. On foreign experience in personnel selection for internal affairs bodies using the example of France // Current problems in the fight against crimes and other offenses. – 2021. – No. 21-1. – pp. 185-186.
8. Antonov A. Yu. On foreign experience in personnel selection for internal affairs bodies using the example of Malaysia // Current problems in the fight against crimes and other offenses. – 2022. – No. 22-1. – pp. 80-81.
9. Antonov A. Yu. On foreign experience in personnel selection for internal affairs bodies using the example of Iran // Current problems in the fight against crimes and other offenses. – 2023. – No. 23-1. – pp. 101-102.
10. Pommier B. The use of force to protect civilians and humanitarian action: the case of Lybia and beyond // International review of the Red Cross. – 2011. – No. 93. – P. 1063-1083.
11. Tardy T. Robust Peacekeeping: a False Good Idea? [Electronic resource]. – Access mode: http://www.jstor.com/resrep08089.10.html (access date: 01/16/2024).
12. Ruberia C. Peacekeeping in South Sudan: it’s a race agains the time for the UN. [Electronic resource]. – Access mode: http://www.theconversation.com/peacekeeping-in-south-sudan-its-a-race-agains-time-for-the-un-182442.html (access date: 01/16/2024).
CRIMINAL LAW
BUSHUEV Igor Venaljevich
Head of General legal disciplines sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
IVANCHENKO Ekaterina Vladimirovna
lecturer of Administrative activities sub-faculty of the Krasnodar University of the MIA of Russia
QUALIFICATION OF CRIMES AND ITS SIGNIFICANCE IN CRIMINAL LAW
The study is devoted to problematic issues of qualification of crimes in criminal law. Correct classification of crimes is of great importance for strengthening the rule of law, maintaining law and order, ensuring the rights and legitimate interests of citizens. It provides not only a legal, but also a social and moral assessment of the act committed by a person. The article discusses the issues of correct qualification of a crime in the context of competition of criminal law norms and the issues of qualification in a combination of crimes.
Keywords: qualification, competition, totality, crime, act, criminal law.
Bibliographic list of articles
1. Zhezhelevskaya O. Yu. On the issue of the concept of legal qualifications // Legal science. – 2017. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-ponyatii-yuridicheskoy-kvalifikatsii (date of access: November 29, 2023).
2. Zhitkov A. A. Current issues of legal regulation of the qualification of an act of complicity in a crime // Criminal punishment in Russia and abroad: problems of assignment and execution (To the 10th anniversary of the adoption of the European penitentiary rules): Collection of materials of the international scientific and practical conference. In 2 parts, Vologda, November 11, 2016 / Under the general editorship of P.V.Golodova. Volume Part 1. – Vologda: Vologda Institute of Law and Economics of the Federal Penitentiary Service, 2017. – P. 106-110.
3. Veremeenko I.V. Some issues of qualification of crimes with mediocre execution // Fight against crime: theory and practice: Materials of the II International Scientific and Practical Conference, Mogilev, February 27, 2014. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus”, 2014. – P. 17-18.
CRIMINAL LAW
VANYASHIN Ilya Sergeevich
lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
MGERYAN David Mgerovich
lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
ON THE ISSUE OF THE LIMITS OF NECESSARY DEFENSE
The question of the need for a comprehensive and systematic development of the criminal legal foundations of the institution of necessary defense, as well as in improving the provisions of criminal legislation, is quite acute in our time. This scientific article is dedicated to the analysis of the problem of determining the limits of necessary defense. The article reveals the concept of necessary defense, its conditions and limits. Having analyzed the socio-legal nature of the institution of necessary defense, including consideration of the theoretical and methodological foundations of its research, characterization of trends and patterns of development of this institution in different political and socio-economic conditions, it was concluded that it is necessary to minimize judicial and investigative errors associated with the exercise by citizens of their rights for the necessary defense against socially dangerous attacks.
Keywords: necessary defense, limits of necessary defense, right to defense, encroachment, institution of criminal law, personal protection.
Bibliographic list of articles
1. Shavgulidze T. G. Necessary defense. – Tbilisi, 1966. – 354 p.
2. Kobets P.N. The Institute of Necessary Defense is one of the first criminal law institutions // Symbol of Science. – 2015. – No. 4.
3. Durmanov N.D. Circumstances excluding public danger and wrongfulness of the act. – M., 1961. – 50 p.
4. Yakubovich M.I. Circumstances excluding public danger and illegality of an act: a textbook. – M.: Academician. Ministry of Internal Affairs of the USSR, 1979. – 64 p.
5. Yushkov Yu. N. The Institute of Necessary Defense and its role in the fight against crime in modern conditions // State and Law. – 1992. – No. 4. – P. 60-64.
CRIMINAL LAW
DANILOVA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Criminology sub-faculty of the Ryazan branch of the V. Ya. Kikot Moscow University of the MIA of Russia
SULEYMANOV Talyat Alievich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty оf the Academy of the FPS of Russia
FEATURES OF THE QUALIFICATION OF SOCIALLY DANGEROUS ACTS RELATED TO THE ILLEGAL SALE OF NARCOTIC DRUGS BY REMOTE MEANS
The authors tried to draw attention to the complex issues of qualification of acts related to illicit drug trafficking. Courts, when resolving criminal cases related to illicit drug trafficking, generally correctly apply the norms of the Criminal Code of the Russian Federation. At the same time, mistakes are made in judicial practice when considering such cases. The facts of erroneous conviction of persons due to the incorrect interpretation by the courts of the concepts of manufacture, processing and production of narcotic drugs and psychotropic substances are allowed. There are difficulties in the legal assessment of the actions of persons carrying out the delivery of narcotic drugs or psychotropic substances without the purpose of sale, as well as the transfer or sale of these drugs and substances.
Keywords: qualification, law enforcement, legal signs, corpus delicti, illicit drug trafficking.
Bibliographic list of articles
1. Shelkoshvein E.V., Shelkoshvein Yu.S. Illicit drug trafficking as a threat to national security // Legal Bulletin. – 2018. – No. 3 (3-4). – pp. 66-70.
2. Roller A.I. Crime under Art. 228 1 of the Criminal Code of the Russian Federation: controversial issues of characterization // Lex Russica. – 2014. – No. 9. – P. 1079-1092.
3. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 No. 14 (as amended on May 16, 2017) “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances.”
4. Government DecreeRF from 01.10.2012. No. 1002. “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation.”
5. Vlasov P. E. Current problems of qualification and investigation of illegal drug trafficking. – M., 2023. – P. 55.
6. Shchetinina N.V. Some issues of criminal legal assessment of illegal drug trafficking punishable under Article 228 of the Criminal Code of the Russian Federation // Bulletin of the Ural Legal Institute of the Ministry of Internal Affairs of Russia. – 2022. – No. 2 (34). – pp. 175-180.
CRIMINAL LAW
DVORYANOV Ilya Borisovich
Ph.D. in Law, associate professor of International police cooperation and combat crime through Interpol channels sub-faculty of the All-Russian Institute for Advanced Training of the MIA of Russia
CRIMINAL LEGAL CHARACTERISTICS OF ILLEGAL CONVERSION OF CIVILIAN WEAPONS.
The article analyzes the activities of law enforcement agencies in the fight against the illegal manufacture of firearms, including through the conversion of civilian weapons. The author’s definition of converted civilian weapons is given. A description of the criminal legal characteristics of the illegal conversion of civilian weapons is given, it was concluded that it is necessary to establish increased liability for the illegal conversion of civilian weapons.
Keywords: converted civilian weapons, criminal law characteristics of the illegal conversion of civilian weapons, establishment of increased liability for the illegal conversion of civilian weapons.
Bibliographic list of articles
1. Website of the Ministry of Internal Affairs of Russia. State of Crime – 2019, 2020, 2021, 2022 and 2023. [Electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/reports/item/45293174/ (date of access: 11/30/2023).
2. Dvoryanov I. B. Methodology for investigating the illegal conversion of civilian weapons: dis. …cand. legal Sciences: 12.00.12. – M., 2019. – 245 pp.
3. New criminal law of Russia. Textbook / Ed. N. F. Kuznetsova. – M., 1996.
4. Materials of the archival criminal case No. 1-337/2018 of the Leninsky District Court of Stavropol.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 N5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices”, paragraph 11. [Electronic resource]. – Access mode: https://base.garant.ru/1352597/ (access date: 11/30/2023).
6. Article from the Izvestia website “The FSB liquidated 42 underground workshops for the production of weapons and ammunition.” [Electronic resource]. – Access mode: https://iz.ru/1592520/2023-10-20/fsb-likvidirovala-42-podpolnye-masterskie-po-izgotovleniiu-oruzhiia-i-boepripasov (access date: 11/30/2023).
7. Article from the website “Independent Television of Sevastopol” “The FSB stopped the illegal production of weapons and ammunition.” [Electronic resource]. – Access mode: https://nts-tv.com/news/fsb-presekla-nezakonnoe-izgotovlenie-oruzhiya-i-bo-26657 (date of access: 11/30/2023).
8. Article from the website RG.ru “The FSB detained “black gunsmiths” in Kaliningrad.” [Electronic resource]. – Access mode: https://rg.ru/2023/08/24/reg-szfo/fsb-zaderzhala-v-kaliningrade-chernyh-oruzhejnikov.html (access date: 11/30/2023).
CRIMINAL LAW
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ABOUT THE LARGE AMOUNT OF DAMAGE, AS A SIGN OF THE COMPOSITION OF THE DESTRUCTION OR DAMAGE TO SOMEONE ELSE’S PROPERTY BY NEGLIGENCE
In the article, the authors actualize the question of the expediency of changing the calculation of the large amount caused to property as a result of its destruction or damage by negligence, since such a sign is calculated according to the rules in a fixed amount of money established more than twenty years ago. The data on the socio-economic development of Russia over these years are presented, the consideration of which, according to the authors, is undoubtedly important in criminalizing the act provided for in Article 168 of the Criminal Code of the Russian Federation. In addition, a comparative legal analysis of criminal liabilityty for similar criminal offenses in the criminal legislation of other States is presented. As a result, an option is proposed to determine the large size of the corpus delicti provided for in Article 168 of the Criminal Code of the Russian Federation.
Keywords: crime, other people’s property, destruction or damage, negligence, large size.
Bibliographic list of articles
1. Talanov N. A., Zorina E. A., Vakhmistrova S. I., Kozhevnikova N. A. On the issue of criminal liability for the destruction or damage of property through negligence // Society: politics, economics, law. – 2022. – No. 7 (108). – pp. 68-74.
2. Eliseev S. A., Chernousova A. V. Controversial issues of qualification of causing property damage under Art. 168 of the Criminal Code of the Russian Federation // Siberian Legal Bulletin. – 2018. – No. 1 (80). – pp. 84-89.
CRIMINAL LAW
TROSHKINA Galina Alexandrovna
adjunct of the Faculty of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
ILLEGAL RETAIL SALE OF ALCOHOL AND ALCOHOL-CONTAINING FOOD PRODUCTS, CARRIED OUT USING THE INTERNET INFORMATION AND TELECOMMUNICATIONS NETWORK
Today, the space of the global social network “Internet” is used to implement a huge number of tasks and goals. In particular, with the use of the Internet, the distribution of goods is increasing, the sale of which is not always carried out legally. This article examines the problem of regulating the illegal retail sale of alcohol and alcohol-containing food products on the Internet.
Keywords: illegal retail sale, alcohol products, alcohol-containing food products, Internet.
Bibliographic list of articles
1. Resolution of the Oktyabrsky District Court of Krasnoyarsk dated January 20, 2022 in case No. 5-135/2022. [Electronic resource]. – Access mode: https://bsr1.sudrf.ru (date of access: 01/13/2024).
2. Resolution of the Kirovsky District Court of Irkutsk dated July 11, 2020 in case No. 5-144/2020. [Electronic resource]. – Access mode: https://bsr1.sudrf.ru (access date: 01/13/2024).
3. Kraskovsky Ya. E. Illegal retail sale of alcohol and alcohol-containing food products: Article 171.4 of the Criminal Code of the Russian Federation and problems of its application // Electronic scientific journal “Science. Society. State”. – 2018. – T. 6. – No. 1. – P. 70. [Electronic resource]. — Access mode: http://esj.pnzgu.ru.
4. Artamonova A. A. Criminal-legal characteristics of illegal retail sale of alcoholic and alcohol-containing food products and its significance for the process of proof // Science and education: collection. tr. participants XII Region. scientific conf. students and young scientists. – Krasnoyarsk, 2021. – P. 12.
5. Brazhnik S. D., Kazantsev A. L. Illegal retail sale of alcohol and alcohol-containing food products (Article 171.4 of the Criminal Code of the Russian Federation): grounds for criminalization and analysis of the elements of a crime // Eurasian Scientific Association. – 2020. – No. 2-4 (60). – P. 224.
CRIMINAL LAW
KAPITSA Vyacheslav Stanislavovich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
KAPITSA Tatyana Alexandrovna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
BUSHKOV Denis Valerjevich
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Caucasian branch of the Russian State University of Justice, Krasnodar
THE CONDITIONALITY OF CHANGES IN THE CRIMINAL LAW AS A TOOL FOR COUNTERING CRIMES AGAINST PUBLIC SAFETY, PUBLIC ORDER, AND STATE POWER
The article examines the conditionality of changes and additions to the criminal legislation of the Russian Federation, taking into account modern conditions and challenges. The trends in criminal policy and practice to counter criminal attacks against public safety, public order and state power are substantiated. The content of the work is an analysis of changes in the norms providing for criminal liability for public dissemination, under the guise of reliable messages, of knowingly false information containing data on the use of the Armed Forces of the Russian Federation, terrorism, and sabotage . Based on the research, the authors formulate some proposals to supplement the criminal legislation of the Russian Federation.
Keywords: criminal legal policy, conditionality of the criminal law, countering terrorism, sabotage, deliberately false information containing data on the use of the Armed Forces of the Russian Federation.
Pristateinybibliography:
1. Legal information agency // Judicial statistics of the Russian Federation. [Electronic resource] – Access mode: https://stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/14/s/17 (Date of access: 02/02/2024)
2. Kokoeva L. T., Kolieva A. E., Garmyshev Ya. V. Improving criminal liability for terrorist crimes // All-Russian Journal of Criminology. 2019. No. 1. P. 128. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-ugolovnoy-otvetstvennosti-za-prestupleniya-terroristicheskoy-napravlennosti (date of access: 02/02/2024).
3. Kapitonova E. A. Criminal liability for terrorism // Lex Russica. 2016. No. 7 (116). P. 82. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-za-terrorizm (date of access: 02.02.2024).
4. Davitadze M.D. Criminal liability for sabotage // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020. No. 3. P. 171. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ugolovnaya-otvetstvennost-za-diversiyu (date of access: 02/05/2024).
CRIMINAL LAW
KOCHKUROVA Yuliya Yurjevna
postgraduate student of Criminal law disciplines sub-faculty of the I. N. Ulyanov Chuvash State University
PROBLEMS OF APPOINTMENT AND IMPLEMENTATION OF CRIMINAL PUNISHMENT IN THE FORM OF FORCED LABOR
The article is devoted to the analysis of problems related to the appointment and implementation of criminal punishment in the form of forced labor in the Russian Federation. The authors consider key aspects related to the legal regulation and practical application of this type of punishment, starting from its legislative consolidation in the Criminal Code of the Russian Federation in 2011 and ending with current problems in the field of educating convicts for forced labor. The article provides a detailed analysis of issues related to the imperfection of the regulatory framework that regulates the process of appointing, executing, and serving forced labor, as well as specific ways to improve existing legislation to eliminate the identified problems and contradictions. The authors emphasize the need to harmonize criminal and criminal-executive legislation with fundamental normative acts and the importance of implementing the proposed changes to increase the efficiency of correctional facilities.
Keywords: forced labor, Criminal Code of the Russian Federation, Criminal Executive Code of the Russian Federation, correctional facilities, education of convicts, regulatory regulation, criminal punishment, execution of punishments, regulatory gaps, legislative changes.
Bibliographic list of articles
1. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on December 30, 2023 [Electronic resource] // Access: SPS “Consultant Plus Prof” (Date of access: 02/01/2024).
2. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 12/11/2023) [Electronic resource] // Access: SPS “Consultant Plus Prof” (Date of access: 02/01/2024).
3. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on July 24, 2023) (with amendments and additions, entered into force on October 1, 2023) // Access: [Electronic resource ]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
4. Federal Law of December 29, 2012 No. 273-FZ (as amended on December 25, 2023) “On Education in the Russian Federation” (as amended and supplemented, entered into force on January 1, 2024) [Electronic resource] // Access: SPS “Consultant Plus Prof” (Date of access: 02/01/2024).
5. Federal Law of November 22, 1995 No. 171-FZ (as amended on December 25, 2023) “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (as amended and additionally ., entered into force on 01/01/2024) // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
6. Federal Law of December 5, 2022 No. 497-FZ “On Amendments to the Federal Law “On Public Control over Ensuring Human Rights in Places of Compulsory Detention and on Assistance to Persons in Places of Compulsory Detention” // Access: [Electronic resource] . – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
7. Federal Law of June 10, 2008 No. 76-FZ (as amended on December 5, 2022) “On public control over the provision of human rights in places of forced detention and on assistance to persons in places of forced detention” (as amended and additionally , entered into force on 06/04/2023) // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
8. Decree of the President of the Russian Federation dated February 22, 1992 No. 179 (as amended on March 17, 2020) “On types of products (works, services) and production waste, the free sale of which is prohibited” // [Electronic resource]. – Access mode: Access: https://fsin.gov.ru/ispravitelnye-tsentry/ (Access date: 02/01/2024).
9. Order of the Government of the Russian Federation dated April 29, 2021 No. 1138-r (as amended on May 27, 2023) “On the Concept for the development of the penal system of the Russian Federation for the period until 2030” [Electronic resource] // Access: SPS “Consultant Plus Prof” » (Access date: 02/01/2024).
10. Order of the Ministry of Justice of Russia dated July 4, 2022 No. 110 (as amended on November 29, 2023) “On approval of the Internal Regulations of pre-trial detention centers of the penal system, the Internal Regulations of correctional institutions and the Internal Regulations of correctional centers of the penal system” (Registered in the Ministry of Justice of Russia 07/05/2022 No. 69157) // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
11. Lapshin V.F. Forced labor as a type of “non-systemic” criminal punishment // Journal of Russian Law. 2021. No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prinuditelnye-raboty-kak-vid-vnesistemnogo-ugolovnogo-nakazaniya (date of access: 02/01/2024).
12. Nekrasov A.P., Ustinov A.A. Some issues of legal regulation of the maintenance of those sentenced to forced labor // Vestnik VUiT. 2021. No. 2 (98). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-pravovoy-reglamentatsii-soderzhaniya-osuzhdennyh-k-prinuditelnym-rabotam (date of access: 02/01/2024).
13. Federal Penitentiary Service. Correctional centers // Access: [Electronic resource]. – Access mode: https://fsin.gov.ru/ispravitelnye-tsentry/ (Date of access: 02/01/2024).
CRIMINAL LAW
KRYLOVA Nataliya Alexeevna
Senior legal adviser of the Legal Department of the Transport Department of the MIA of Russia for the North-Western Federal District, lieutenant colonel of the internal service, adjunct of the 3rd course of Criminal process sub-faculty of the St. Petersburg University of the MIA of Russia
THE CONCEPT OF COLLECTING EVIDENCE AND THE NEED TO COMPLY WITH ESTABLISHED REQUIREMENTS IN ORDER TO GIVE IT EVIDENTIARY VALUE IN CRIMINAL CASES INVOLVING FORGERY OF DOCUMENTS UNDER ART. 327 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article examines the stage of collecting evidence, in which one of the most important integrative properties is the useful result through which proof is achieved. The author comes to the conclusion that the basis for goal-setting for collecting evidence in a criminal case is the development and implementation of consistent, targeted actions that ensure the receipt of the necessary and expected results, properly recorded and contributing to the resolution of the criminal case on the merits. The author also concludes that the collection of evidence is based on the discovery, search, perception and consolidation of information (recording), seizure and preservation of any information that can serve as evidence in a criminal case, if the established requirements regarding their proper recording are met, as well as passing through the verification and evaluation stage. Only after this can such evidence be used as the basis for a legal decision.
Keywords: collection of evidence, goal setting for collecting evidence, search, perception, proper recording, proof, criminal case, verification of evidence, evaluation of evidence.
Bibliographic list of articles
1. “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 No. 174-FZ (as amended on June 11, 2021, as amended on June 17, 2021) // “Collection of Legislation of the Russian Federation,” December 24, 2001, No. 52 (ch . I), art. 4921.
2. “Criminal Code of the Russian Federation” dated 06/13/1996 No. 63-FZ (as amended on 06/11/2021)// “Collection of Legislation of the Russian Federation”, 06/17/1996, No. 25, Art. 2954.
3. Federal Law of 04.03.2013 No. 23-FZ (as amended on 28.12.2013) “On amendments to Articles 62 and 303 of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” // “Collection of Legislation of the Russian Federation”, 04.03 .2013, No. 9, Art. 875.
4. Aleksandrov R. A., Gusarov D. A. On the issue of the assistant judge as a full participant in criminal proceedings and its procedural functions // Russian Judge. 2019. No. 4. P. 30-34
5. Alekseev P.V. Panin A.V. Theory of knowledge and dialectics. M., 1991. 382 pp.
6. Belkin A. R. Theory of evidence: scientific method. allowance M.: NORM, 1999. 418 pp.
7. Borkov V. N. Qualification of falsification of a crime // Legality. 2020. No. 2. P. 31-35.
8. Borulenkov Yu. P. TheoreticEcological foundations of procedural cognition: Monograph. Vladimir, 2006. 257 pp.
9. Bulatova S.V. Forensic activities of the defense attorney in the process of collecting evidence // Electronic supplement to the Russian Legal Journal. 2018. No. 6. P. 101-108.
10. Vlasov A.G. Conditions for the disclosure in court of testimony of victims and witnesses // Legality. 2019. No. 11. P. 59-62.
11. Emuzov A. S. On the issue of procedural means of proof // Law in the Armed Forces. 2005. No. 5. P. 22-26.
12. Lazareva V.A. Evidence in criminal proceedings: Educational and practical work. allowance. 3rd ed., revised. and additional M.: Yurayt, 2012. 245 pp.
13. Lazareva V. A., Shafer S. A. On the concept of evidence in connection with the features of an inquiry conducted in an abbreviated form // Laws of Russia: experience, analysis, practice. 2017. No. 5. P. 16-21.
14. Leontyev A.V. The construction of an adversarial criminal process should be based on a new concept of proof // Legislation and Economics. 2014. No. 1. P. 55-59.
15. Ensuring the constitutional rights and freedoms of participants in criminal proceedings: Materials of the round table (December 19, 2017) / M. V. Belyaev, S. V. Burmagin, A. A. Vasilenko and others; resp. ed. V.V. Ershov. M.: RGUP, 2018. 264 p.
16. Rossinsky S. B. Once again about the concept and essence of investigative actions in criminal proceedings: the discussion is not over… // Laws of Russia: experience, analysis, practice. 2021. No. 1. P. 74-83.
17. Shekshueva O.N. Some aspects of the theory of evidence in criminal proceedings: Textbook. allowance. 2nd ed. M.: TsOKP Ministry of Internal Affairs of Russia, 2001. P. 98.
18. Malyutin M. A. Special knowledge as a sign of expertise. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsialnye-znaniya-kak-priznak-ekspertizy (accessed 02.02.2024)
19. Slinkova O. K., Skachkov R. A. Analysis of scientific approaches to determining the essence of goal setting and its role in the management process. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-nauchnyh-podhodov-k-opredeleniyu-suschnosti-tselepolaganiya-i-ego-rol-v-protsesse-upravleniya. (date of access: 02/02/2024).
CRIMINAL LAW
LATYPOVA Dinara Mansurovna
Ph.D. in Law, associate professor of the Higher Attestation Commission, associate professor of Criminal and penal enforcement law sub-faculty of the Samara Law Institute of the FPS of Russia
KOROLEVA Kseniya Alexeevna
cadet of the 4th course of the Samara Law Institute of the FPS of Russia
MEASURES TO PREVENT ARMED VIOLENCE COMMITTED IN EDUCATIONAL INSTITUTIONS
The article examines the criminological aspects of armed violence committed in educational institutions. Such type of criminal activity as “schoolshooting” is considered. The article examines the causes of armed violence in schools. The question of the origin and direction of development of this negative phenomenon is considered. The factors that should be considered in relation to trainees who exhibit various forms of aggression are also analyzed. Based on the analysis, measures are proposed to prevent the commission of violent armed attacks on students in educational institutions.
Keywords: armed assault, violence, educational institutions, prevention, schoolshooting.
Bibliographic list of articles
1. Internet source. [Electronic resource]. – Access mode: https://promrating.ru/issledovaniya/rossiya/issledovanie-bolee-70-rossiyan-uvereni-chto-deti-ne-podgotovleni-k-napadeniyu-na-obrazovatelnie-uchrejdeniya/
2. Internet source // Columbine High School shootings. [Electronic resource]. – Access mode: https://www.britannica.com/event/Columbine-High-School-shootings.
3. Internet source. [Electronic resource]. – Access mode: https://www.forbes.ru/forbeslife/429493-priroda-skulshutinga-pochemu-proishodyat-massovye-rasstrely-v-shkolah-i-kak-ih.
4. Internet source. [Electronic resource]. – Access mode: https://www.mk.ru/social/2022/09/28/pochemu-ucheniki-napadayut-na-shkoly-i-kak-zashhitit-sebya-pri-strelbe.html.
5. Langman P. Why children kill: what’s going on in the mind of a school shooter // Peter Langman. – Moscow: EKSMO, 2022. – 304 p.
CRIMINAL LAW
LITRA Elena Nikolaevna
postgraduate student of Criminal law sub-faculty of the Kuban State Agrarian University
SOCIO-CRIMINOLOGICAL PREREQUISITES FOR THE CRIMINAL LAW PROTECTION OF RELATIONS IN THE FIELD OF QUALITY ASSURANCE AND RATIONAL USE OF LAND
The article contains the results of a study of modern negative phenomena and processes existing in the field of land use due to increased intensification of industrial production. The author notes that activities related to land use are characterized by a certain type of continuous non-compliance with mandatory environmental requirements and norms related to waste disposal, handling of hazardous substances, and rational use of especially valuable productive lands. For such actions (inaction) their scale is relevant, not their nature. The amount of damage and harm from what they have done express irreversible losses not only for nature, but also for certain types of economic relations, entailing their termination. The article clarifies the existing and identifies new socio-criminological prerequisites for the criminalization of acts encroaching on relations in the field of quality assurance and rational use of land in the criminal law.
Keywords: crimes environmental, land damage, soil pollution, protection of land quality, irrational land use, especially valuable lands, land management.
Bibliographic list of articles
1. Zhevlakov E. N. Criminal environmental law of Russia. – M.: Prospekt, 2021. – 376 pp.
2. Kulik K. N. Current state of protective forest plantations in the Russian Federation and their role in mitigating the consequences of droughts and desertification of lands // Scientific and Agronomic Journal. – 2022. – No. 3 (119). – pp. 8-12.
3. Artemova E.I., Barsukova G.N., Litra E.N., etc. Litra E.N. Management of the resource potential of rural territories of the Krasnodar Territory: monograph. – Krasnodar: KubSAU, 2023.
CRIMINAL LAW
MASLIENKO Mariya Alexandrovna
lecturer of Criminal law disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
ILLICIT TRAFFICKING IN WEAPONS, AMMUNITION, EXPLOSIVES AND EXPLOSIVE DEVICES IN THE CONDITIONS OF A SPECIAL MILITARY OPERATION
The article deals with topical issues related to the application of measures to counteract the illicit trafficking of weapons, ammunition, explosives and explosive devices in the border areas of the Russian Federation in the conditions of a special military operation. The task of suppression and prevention of crimes of this category, facing the state, is one of the most priority in view of the current foreign policy situation. The author formulates proposals for the organization of state counteraction to such socially dangerous acts.
Keywords: illegal trafficking in weapons and ammunition, special military operation, counteraction, ensuring public safety.
Bibliographic list of articles
1. Shepel N.V., Titova K.A. Some problems of legislative regulation of the ban on illegal trafficking of weapons and ammunition, including those arising during the production of ballistic examinations and research // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (73). – P. 57.
2. Kurilova E. N., Maslienko M. A. Measures of state counteraction to illegal trafficking of weapons and explosive devices // Bulletin of Economics, Law and Sociology. – 2023. – No. 3. – P. 85.
3. Extended meeting of the board of the Ministry of Internal Affairs. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/70744 (access date: 12/20/2023).
CRIMINAL LAW
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
ON THE PECULIARITIES OF THE EXECUTION OF DETENTION AND IMPRISONMENT IN GEORGIA
The article presents current statistical data on the number of penitentiary institutions in Georgia and the number of accused and shameful persons in prison, their distribution by gender, age and type of penitentiary institution. The analysis of legislation carried out by the author showed that in Georgia, like most European countries, the staff of penitentiary institutions, depending on the tasks performed (armed security of institutions, transportation of convicts, operational search work, accounting, etc.), may consist of employees and civil servants. The implementation of preventive measures in the form of detention and deprivation of liberty is regulated by the Code of Georgia on Detention, and in relation to juvenile offenders, also by the Code on Juvenile Justice. In Georgia, detention and deprivation of liberty are carried out in 17 penitentiary institutions.
Keywords: Georgia, execution of sentences, accused, shame, legal regulation.
Bibliographic list of articles
1. Legislative Gazette of Georgia 01/27/2024 // Website of the press organ of the MinistryJustice of Georgia. [Electronic resource]. – Access mode: https://www.matsne.gov.ge/ru (date of access: 01/17/2024).
2. Geostat official website. Criminal Justice Statistics. 2023. [Electronic resource]. – Access mode: https://www.geostat.ge/en/modules/categories/132/criminal-justice-statistics (date of access: 01/17/2024).
CRIMINAL LAW
PERMYAKOV Maxim Vladimirovich
Ph.D. in Law, associate professor of the First President of Russia B. N. Yeltsin Ural Federal University, V. F. Yakovlev Ural State Law University
KOTOV Vasiliy Vasiljevich
Ph.D. in Law, associate professor of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University
KILIN Alexander Grigorjevich
senior lecturer of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University
OPERATIONAL IMPLEMENTATION IN THE FIGHT AGAINST ORGANIZED CRIME
The article reveals the main trends in the use of such an operational investigative measure as operational implementation in the fight against organized types of criminal manifestations. The authors analyzed various situations of the organizational plan in the preparation, conduct and completion of operational combinations aimed at identifying, preventing and solving crimes committed by a criminal element with a sign of organization. Currently, the task of fighting crime remains urgent in our country. In practice, crimes are known that can be successfully solved and investigation only with the use of operational investigative activities. Article 1 of Federal Law No. 144-FZ dated 12/08/1995 (ed. dated 12/08/2011) “On Operational investigative activities” (hereinafter – the Law on ORDO) defines operational investigative activities (ORDO) as a type of activity carried out publicly and secretly by operational units of state bodies authorized to do so by the Law on ORDO, within their powers by carrying out operational investigative measures in order to protect life, health, human and civil rights and freedoms, property, ensuring the security of society and the state from criminal encroachments. The problematic aspects related to the professional implementation of operational investigative activities at the present stage of development of society and the state are also touched upon.
Keywords: law enforcement agencies, operational search activity, authorization, criminal group, power structure, implemented, crime, cover-up, criminal circle, internecine strife, operational combination, double-dealing, responsibility, atrocity.
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).
2. Federal Law “On Operational-Investigative Activities” dated August 12, 1995 No. 144-FZ.
3. Permyakov M.V., Gaskarov I.F., Kotov V.V. Some issues of operational implementation // Humanitarian, Socio-economic and social sciences. – 2022. – No. 12. – pp. 201-204.
CRIMINAL LAW
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
COMBATING JUVENILE DELINQUENCY: A REGIONAL PERSPECTIVE
The article discusses the trends in juvenile crime in the Russian Federation over the past five years, analyzed, how many crimes committed by minors and their complexity, were registered, how many minors aged 14-17, were identified. Special attention in the article is paid to regional differences in the registered indicators of juvenile crime. The author draws attention to the most criminal regions of the Russian Federation in this area, gives information on combating juvenile delinquency in these regions, conclusion is made on the need for in-depth and detailed analysis of the determinants of juvenile crime, taking into account regional specificities, in order to improve the effectiveness of preventive activities.
Keywords: сrime, minors, trends in crime, regional differences, combating crime.
Bibliographic list of articles
1. Pisarevskaya E. A. On the issue of quantitative and qualitative indicators of crime in modern Russia // Bulletin of Tomsk State University. – 2022. – No. 479. – P. 252-257.
2. Prozumentov L. M., Olkhovik N. V. Recidivism of juvenile convicts and its prevention. – Tomsk, 2011. – 154 p.
3. Prozumentov L.M., Shesler A.V. General social determinants of crime // All-Russian Journal of Criminology. – 2018. – T. 12. – No. 1. – P. 5-14.
CRIMINAL LAW
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice, (RLA of the Ministry of Justice of Russia) branch in Makhachkala
RASULOVA Samira Firiddun kyzy
magister student of the 2nd course of the North Caucasus Institute of the All-Russian State University of Justice, (RLA of the Ministry of Justice of Russia) branch in Makhachkala
ABAKAROVA Bika Gadzhishamhalovna
lecturer of the 1st category of the Law College of the North Caucasus Institute of the All-Russian State University of Justice, (RLA of the Ministry of Justice of Russia) branch in Makhachkala
FEATURES OF THE QUALIFICATION OF THE MURDER OF A MINOR OR OTHER PERSON IN A HELPLESS STATE
In this article we will consider the problems associated with the qualification of the murder of a minor or other person in a helpless state, and the delimitation of this category of crimes from related offenses.
Qualifying the murder of a minor or another person in a helpless state is a complex and responsible process. Determining the motive, psychological state and age of the perpetrator plays an important role in correct qualification. Problems associated with these aspects require detailed analysis and development of appropriate legal norms and practices.
The qualification of killing a minor or another person who is in a helpless state is distinguished from related crimes, such as murder, murder with extreme cruelty, murder motivated by hatred or involving rape. Qualification issues may arise in cases where the killing is carried out against persons who lack legal capacity or are otherwise helpless, such as due to mental or physical limitations.
Keywords: murder, minor, person in a helpless state, intent, awareness of the fact, delimitation, related elements.
Bibliographic list of articles
1. Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 27, 1999 No. 1 (as amended on March 3, 2015) “On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation) // Rossiyskaya Gazeta. – 1999. – February 9. – No. 24.
2. Borzenkov G. N. Qualification of crimes against life and health. – M.: Zertsalo-M, 2014. – P. 40.
3. Kuznetsova I. R. Problematic issues of qualifying the murder of a minor or another person, known to the perpetrator, who is in a helpless state // Scientific perspective in education and development of the creative potential of the modern knowledge system. – 2020. – pp. 39-41.
4. Case No. 1-166/2023/UID 05RS0021-01-2023-000647-39 // Caspian City Court of the Republic of Dagestan.
5. Case No. 1-206/2023 UID 05RS0021-01-2023-001137-24 // Caspian City Court of the Republic of Dagestan.
CRIMINAL LAW
TASHEVA Gulnara Raviljevna
lecturer of State and civil law disciplines sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
PROBLEMS OF COMBATING CYBERCRIME IN THE CONTEXT OF DIGITALIZATION OF THE ECONOMY
The article is devoted to a review and analysis of the problems of combating cybercrime in the context of digitalization of the economy. Digitalization of economic processes has both positive and negative consequences. One of the negative trends is the increase in the number of crimes committed using information technology. This in turn leads to new problems: difficulties in terms of legal regulation; the problem of determining criminal liability for committed illegal actions.
At the end of the 20th century, the active implementation of the concept of the digital economy began. The classical model of economic functioning has undergone revolutionary changes, and completely new forms of functioning of economic entities have emerged. The business sphere has actually undergone fundamental changes, especially in terms of economic transactions. The transition of economic relations to new conditions led to a significant weakening of the administrative influence of the state. Thus, the control function of government bodies has weakened slightly.
The development and implementation of digital technologies in the economy is a trend observed throughout the world. The top three with the most developed digital economy include South Korea, Singapore and Hong Kong; the Russian Federation is far from the leading position (data from The Boston Consulting Group). But in Russia this direction is defined as one of the highest priority vectors.
Keywords: digitalization of the economy, cybercrime, information technology, innovation, banking sector, information literacy, databases.
Bibliographic list of articles
1. Criminal Code of RussiaRussian Federation dated June 13, 1996 No. 63-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on December 30, 2023).
2. Aleynokov D. P. Main problems of countering cybercrime in the era of digital transformation // Education and Law. – 2022. – No. 6. – P. 229-231.
3. Zhironkin D.S. The influence of the digital economy on cybercrime // Young scientist. – 2019. – No. 30 (268). – P. 88-92.
4. Kartskhiya A. A., Makarenko G. I. Legal aspects of modern cybersecurity and combating cybercrime // Issues of cybersecurity. – 2023. – No. 1 (53). – pp. 58-74.
5. Mordvinov K.V., Udavikhina U.A. Cybercrime in Russia: current challenges and successful practices in the fight against cybercrime // Theoretical and Applied Jurisprudence. – 2022. – No. 1 (11). – pp. 83-88.
6. Tanaseichuk Ya. V. Fraud using plastic cards // Law: modern trends: materials of the V International. scientific conf. (Krasnodar, February 2018). – Krasnodar: Novation, 2018.
CRIMINAL LAW
KOLOTILINA Anastasiya Alexandrovna
postgraduate student of Criminal law and criminology sub-faculty of the Moscow Academy of the Investigative Committee of the Russian Federation
ISSUES OF QUALIFICATION OF BRIBERY COMMITTED BY BAILIFFS
The article addresses problematic issues of the qualification of bribery committed by bailiffs. In the theory of criminal law and criminal practice, the qualification of bribery committed by bailiffs takes into account such qualifying features as: receiving a bribe for illegal actions; extortion of bribes; mediation in bribery for the commission of knowingly illegal actions (inaction).
Keywords: malfeasance, official, corruption, bribe, bribery, qualification issues.
Bibliographic list of articles
1. Borkov V.N. Taking a bribe: qualification issues: dis. …cand. legal Sci. – Omsk, 2002. – 284 p.
2. Weibert S.I. Bribery: problems of qualification and sentencing: dis. …cand. legal Sci. – Chelyabinsk, 2007. – 195 p.
3. Qualification of bribery: (Articles 290, 291, 291.1, 291.2 of the Criminal Code of the Russian Federation): textbook / M. A. Lyubavina. – St. Petersburg: St. Petersburg Law. Institute (phil.) Academician. General Prosecutor’s Office of the Russian Federation, 2018. – 155 p.
4. Babaeva E. U., Bagmet A. M., Bychkov V. V., Kruchinina N. V. Investigation of bribery: educational manual. – M.: Academy of the Investigative Committee of the Russian Federation, 2014. – 171 pp.
5. Yani P. S. Criminal liability for bribery: Lecture. – Moscow: IPK RK General. Prosecutor’s Office of the Russian Federation, 2001. – 41 p.
6. Criminal law of the Russian Federation. A special part. Textbook / Ed. B.V. Zdravomyslova. – M.: Yurist, 2001. – 550 p.
7. Yani P. S. Bribe or fraud? // Legality. – 2012. – No. 6. – P. 29-34; No. 7. – pp. 27-32; No. 8. – pp. 23-26.
CRIMINAL LAW
KULIKOVA Margarita Andreevna
adjunct of the Faculty of Training of Scientific and Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
SOCIAL CONDITIONALITY OF CRIMINAL RESPONSIBILITY FOR TORTURE
This article examines the question of the presence or absence of criteria that allow us to conclude that responsibility for torture is socially conditioned. Attention is drawn to the existence of legislative and law enforcement problems in connection with Article 117 of the Criminal Code of the Russian Federation. The generally recognized scientific criteria for criminalization of an act are analyzed. Based on the research, the author argues for the social conditionality of criminal liability for torture. The conclusion is made about the validity of criminalization of torture in art. 117 of the Criminal Code of the Russian Federation.
Keywords:violence, torture, physical or mental suffering, social conditioning, social danger.
Bibliographic list of articles
1. Veklenko V., Galyukova M. Torture and torture: criminal legal analysis // Criminal law. – 2007. – No. 4. – P. 15-18.
2. Prozumentov L. M., Shesler A. V. Criminology. General part: Textbook. – Tomsk: DiVo LLC, 2007. – 230 p.
3. Grounds for criminal law prohibition: Criminalization and decriminalization / [V. N. Kudryavtsev, P. S. Dagel, G. A. Zlobin and others; Rep. ed. V. N. Kudryavtsev, A. M. Yakovlev]. – M.: Nauka, 1982. – 303 p.
4. Criminal law of Russia: textbook in 2 volumes. T. 1: General part / Ed. Doctor of Law, Prof. N. G. Kadnikova. – M.: Publishing House “Jurisprudence”, 2018. – 436 p.
5. Rastoropov S.V. Criminal legal protection of human health from criminal attacks: monograph – 2nd ed., revised. and additional – St. Petersburg: Publishing House of R. Aslanov “Legal Center Press”, 2006. – 426 pp.
6. Galyukova M. I. CriminologistEctive characteristics of beatings and torture in the family and domestic sphere // Russian investigator. – 2008. – No. 14. – P. 15-17.
7. Solyanik V.V. Domestic violence in Russia: general characteristics // The Scientific Heritage. – 2021. – No. 65-4 (65). – pp. 16-18.
8. Criminal law of Russia. General part: Textbook / Ed. V. N. Kudryavtseva, V. V. Luneeva, A. V. Naumova. – 2nd ed., revised. and additional M.: Jurist, 2006. – 540 pp.
9. Criminal law. General part: textbook / [A. A. Abdulmanov and others]; edited by Doctor of Law sciences, prof. N. G. Kadnikova. – M.: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2023. – 524 pp.
10. Kadnikov N. G. On the question of the constitutional foundations of modern criminal policy // Journal of Russian Law. – 2023. – T. 27. No. 6. – P. 89-96.
CRIMINAL LAW
LAVRUSHKO Elena Alexandrovna
competitor of the academic degree of Ph.D. in Law of the Orenburg State University
LEGAL ASPECTS OF THE IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL PROCEDURE IN THE CONTEXT OF ENSURING ITS CONFIDENTIALITY
The article examines the relationship between the principles of the criminal-procedure legislation governing confidentiality and ensuring the inviolability of personal secrets in criminal proceedings. The institution of secrecy in criminal proceedings at the present stage of the development of criminal procedure legislation in a number of post-Soviet states is undergoing a delay in development and improvement. This problem today can lead to a significant violation of human, civil rights, and freedoms, which are proclaimed by the Constitution and a number of other normative legal acts. Differentiation of norms and principles in accordance with different spheres of life, as we believe, would contribute to the concretization and achievement of more effective protection of the interests of persons involved in criminal proceedings. In addition to the principles of criminal procedure, the prohibition on disclosure of criminal case materials by participants in criminal proceedings has a significant impact on ensuring confidentiality.
Keywords: confidentiality, inviolability, secrecy, sources, information, principles, private interests.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account the amendments introduced by the Law of the Russian Federation on Amendments to the Constitution of the Russian Federation dated October 4, 2022 No. 8-FKZ) // Collection of Legislation of the Russian Federation. – 2022. – No. 41. – Art. 6933.
2. Criminal Procedure Code of the Russian Federation dated December 18, 2001 No. 174-FZ (as amended on December 25, 2023) // Collection of legislation of the Russian Federation. – 2001. – No. 52 (Part I). – St. 4921.
3. Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V (with amendments and additions as of September 12, 2023). [Electronic resource]. – Access mode: www.Zan.gov.kz (Date of access: 12/30/2003).
4. Borisov A. S. On the issue of individual problems of ensuring the secrecy of a preliminary investigation // Bulletin of the Russian University of Cooperation. – 2018. – No. 1 (31). – pp. 103-107.
5. Maslov A.E. The secret of preliminary investigation in the norms of the Code of Criminal Procedure of the Russian Federation // Judicial power and criminal process. – 2019. – No. 2. – P. 24-34.
6. Petrukhin I. Protection of persons promoting justice // Criminal law. – 1999. – No. 1. – P. 80.
CRIMINAL LAW
LARIONOV Pavel Alexeevich
LL.M (Criminal Law), University of Illinois Urbana-Champaign, master of Law of the V. F. Yakovlev Ural State Law University
EVOLUTIVE INTERPRETATION OF CRIMINAL LAW: PROBLEM FORMULATION
The author argues for the existence of a new legal phenomenon in the domestic legal system – the evolutionary interpretation of criminal law. Based on a general scientific understanding of evolution as applied to legal reality, four characteristics of evolutionary interpretation are distinguished, differentiating it from already familiar legal phenomena. In addition, the author provides specific practical examples of evolutionary interpretation of norms in the current criminal law and formulates the risks of evolutionary interpretation in the context of the nullum crimen sine lege principle. By examining foreign and international legal experiences, the possibility of legitimate application of evolutionary interpretation is explored, pointing to the need for further scientific research in this area.
Keywords: criminal law, evolutive interpretation, interpretation, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, criminal policy.
Bibliographic list of articles
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2. Verkler G.A. Hermeneutics: The principles and process of biblical interpretation. [Electronic resource]. – Access mode: https://www.reformed.org.ua/2/210/3/Virkler (access date: 12/27/2023).
3. Opening speech at the XIV Congress of the Russian Union of Industrialists and Entrepreneurs on November 16, 2004. [Electronic resource]. – Access mode: http://kremlin.ru/events/president/transcripts/22686 (access date: 12/27/2023).
4. Gavrilova Yu.A. On evolutionary interpretation in Russian law // Legal Concept = Legal paradigm. – 2021. – T. 20. No. 1. – P. 50-55.
5. Closing speech at the XIV Congress of the Russian Union of Industrialists and Entrepreneurs on November 16, 2004. [Electronic resource]. – access mode: http://kremlin.ru/events/president/transcripts/22687 (access date: 12/27/2023).
6. Zaloilo M.V., Ibragimova Yu.E. Modern problems of interpretation of law // Journal of Russian Law. – 2016. – No. 8 (236). – P. 78-95. (p. 81).
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8. Kulikov M. A. Manipulation of legal goals and means in the process of interpretation of law: concept, content, technology // Bulletin of Voronezh State University. Series: Law. – 2022. – No. 4 (51). – pp. 109-125. (p. 111).
9. Oganesyan T. D. European Court of Human Rights “in search of lost time”: an evolutive interpretation // International Justice. – 2021. – No. 3 (39). – P. 75-104. (pp. 97-99).
10. The President signed a package of laws amending the Tax Code of the Russian Federation. [Electronic resource]. – Access mode: http://kremlin.ru/catalog/keywords/41/events/31473 (access date: 12/27/2023).
11. Pushkina A.A. Value interpretation: the role of the Constitutional Court of the Russian Federation // Journal of Russian Law. – 2022. – No. 5. – P. 56-69.
12. Judgment in United States v. X-Citement Video. [Electronic resource]. – Access mode: https://supreme.justia.com/cases/federal/us/513/64/ (access date: 12/27/2023).
13. Savigny F. K. von System of modern Roman law: In 8 vols. T. I / Transl. with him. G. Zhigulina; edited by O. Kutateladze, V. Zubarya. – M.: Statute, 2011. – 510 p. (p. 434).
14. Dictionary of the Russian language: In 4 volumes. T. 4. S-Ya. / RAS, Institute of Linguistics. research. – 4th ed., erased. – M.: Rus. language; Polygraph resources, 1999. – pp. 745–746.
15. Sorokin V.V. Interpretation of law in the interpretation of postmodernism // Jurislinguistics. – 2022. – No. 26. – P. 65-68. (p. 66).
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17. Criminal law of Russia: General part: Textbook / Ed. N. M. Kropacheva, B. V. Volzhenkina, V. V. Orekhova. SPb.: Publishing House St. Petersburg. state University, Publishing House of the Faculty of Law – St. Petersburg. state Univ., 2006. – 1064 p. (p. 323).
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24. Posner R. Pragmatism versus Purposivism in First Amendment Analysis // Stanford Law Review. – 2002. – Vol. 54.No. 4. – P. 737-752. (P. 737).
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CRIMINAL LAW
LUSHCHAEVA Mariya Dmitrievna
magister student of the 2nd course of the Institute of Law of the Siberian Federal University, Krasnoyarsk
JUDGMENTS OF INTERNATIONAL COURTS AND TRIBUNALS AS FORMAL SOURCES OF RUSSIAN CRIMINAL LAW
The article analyzes the possibility of attributing judgments of international courts and tribunals to formal sources of Russian criminal law. The author notes that all judgments can be divided into three groups: 1) the Judgment of the Nuremberg Tribunal and the Judgment of the Tokyo Tribunal; 2) judgments of ad hoc courts (Judgments of the Tribunals for the Former Yugoslavia and Rwanda); 3) judgments of the International Criminal Court. Each group must be considered separately, as it has its own characteristics, and, as a result, the answer to the issue will be different.
Keywords: sources of criminal law, judgments, the Nuremberg Tribunal, the Tokyo Tribunal, ad hoc courts, the International Criminal Court.
Bibliographic list of articles
1. Obrazhiev K.V. Formal (legal) sources of law: problems of theoretical definition // Russian legal journal. – 2010. – No. 4. – P. 28-35.
2. Bibik O. N. Sources of criminal law of the Russian Federation: abstract. dis. …cand. legal Sciences: 12.00.08. – Omsk, 2005. – 19 p.
3. Course of Soviet criminal law. Part General: in 6 volumes / Ed. A. A. Piontkovsky, P. S. Romashkin, V. M. Chkhikvadze. – Moscow: Science, 1970. – T. 1. – 311 p.
4. Obrazhiev K.V. System of formal (legal) sources of Russian criminal law: dis. … doc. legal Sciences: 12.00.08. – Moscow, 2015. – 587 pp.
5. Vedernikova O. N. The verdict of the Nuremberg Tribunal as a source of Russian criminal law // Bulletin of Moscow University named after S. Yu. Witte. Series 2. Legal sciences. – 2020. – No. 4 (26). – pp. 12-16.
6. Moskalev G. L. The significance of the Verdict of the Nuremberg Tribunal for the criminal legal protection of historical truth // Nuremberg Trials: history and modernity: collection of materials of the scientific and practical conference, Yalta, November 24–26, 2021. Crimean Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation. – Saratov: Limited Liability Company “Amirit”, 2021. – pp. 182-186.
7. Moskalev G. L. Criminalization of denial of the genocide of the peoples of the USSR as an encroachment on historical truth // Law and Politics. – 2023. – No. 7. – P. 51-58.
8. Thyssen O. N. Criminal liability for the rehabilitation of Nazism: theory and practice of its application // Nuremberg: court of peoples and world law and order: collection. scientific reports and speeches International. scientific-practical conf. Institute of State and Law RAS. Ed. A. N. Savenkova. – Moscow: Unity-Dana, 2020. – pp. 155-167.
9. Kudryavtsev V.N., Dagel P.S., Zlobin G.A. et al. Grounds for the criminal law prohibition. Criminalization and decriminalization / Rep. ed. V. N. Kudryavtsev, A. M. Yakovlev. – Moscow: Nauka, 1982. – 303 p.
10. Martirosyan A. S. Genocide in the decisions of modern international tribunals: abstract. dis. …cand. legal Sciences: 12.00.08. – Krasnodar, 2014. – 26 p.
11. Moskalev G. L. Criminal liability for genocide (Article 357 of the Criminal Code of the Russian Federation). – Krasnoyarsk: Siberian Federal University, 2017. – 187 p.
12. Lushchaeva M. D. International treaty as part of the Russian legal system and the source of Russian criminal law // Svobodny Avenue – 2023: Materials of the XIX International Scientific Conference of Students, Postgraduate Students and Young Scientists, Krasnoyarsk, April 24–29, 2023. – Krasnoyarsk: Siberian Federal University, 2023. – P. 793-796.
13. Romashov Yu. S. On the conditions for the formation of generally recognized norms // Moscow Journal of International Law. – 1999. – No. 2. – P. 32-40.
14. Tolstik V. A. Generally recognized principles and norms of international law in the legal system of Russia // Journal of Russian Law. – 2000. – No. 8. – P. 67-77.
15. Talalaev A. N. The relationship between international and domestic law in the Constitution of the Russian Federation // Journal of International Law. – 1994. – No. 4. – P. 3-15.
16. Sinyakin I. I., Kopylova E. A. Rimsky Statute of the International Criminal Court and the legal status of the Russian Federation // Moscow Journal of International Law. – 2017. – No. 4. – P. 96-106.
17. Skuratova A. Yu. Russia and the Rome Statute of the International Criminal Court // Moscow Journal of International Law. – 2016. – No. 4. – P. 125-137.
CRIMINAL PROCEDURE
ALEXANDROVA Olga Pavlovna
Ph.D. in Law, associate professor, associate professor of Law enforcement, criminal law and process sub-faculty of the Pskov State University
BOGDANOV Maxim Nikolayevich
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Pskov branchof the St. Petersburg University of the FPS of Russia
BORISENKO Irina Vladimirovna
Ph.D. in Law, associate professor, associate professor of Law enforcement, criminal law and process sub-faculty of the Pskov State University
SOME ISSUES OF BRINGING TO CRIMINAL LIABILITY PERSONS AUTHORIZED TO CARRY OUT CRIMINAL PROCEDURAL ACTIVITIES
In this article some questions of bringing to criminal liability of persons authorized to carry out criminal procedural activity (judge, prosecutor, investigator, head of investigative body) are considered and proposals are made to improve the criminal procedural legislation concerning: bringing the provisions of part 5 of article 448 of the Criminal Procedural Code of the Russian Federation on motivation of procedural decision in accordance with the requirements of the norm of principle (article 7 of the Criminal Procedural Code of the Russian Federation), regulating legality in criminal proceedings; e.g., the special procedure of bringing to criminal liability of persons authorized to carry out criminal procedural activity (judge, prosecutor, investigator, head of investigative body).
Keywords: judge, prosecutor, investigator, special procedure of bringing to criminal responsibility.
Bibliographic list of articles
1. Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2019-2022. // Official website of the Judicial Department at the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru.
2. Zavgorodneva E.V. Some problematic issues of implementing the provisions of Chapter 52 of the Code of Criminal Procedure of the Russian Federation // Russian Judge. – 2022. – No. 8. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
3. Zubakin V. Yu. Criminal legal immunities as an element of inequality before the law in the system of criminal liability // Russian investigator. – 2006. – No. 10. – P. 19-21.
4. Kolokolov N.A. The vicissitudes of proceedings against judges accused of exceeding their official powers (Part 2 of Article 286 of the Criminal Code of the Russian Federation) // Court Administrator. – 2022. – No. 3. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
5. Konovalova L. G. Immunity of a deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation // Russian Legal Journal. – 2010. – No. 6. – P. 15 24.
6. Meretsky N. E., Alekhin D. V. Legal regulation of the participation of certain categories of persons in criminal proceedings // Russian investigator. – 2011. – No. 15. – P. 24-27.
7. Ovchinnikov O. A., Trishkin S. V. Legal and social aspects that influence the corruption situation in Russia // Administrative law and process. – 2012. – No. 5. – P. 7 11.
8. Romanenko N.V. On the conflict of constitutional and criminal procedural interests in the criminal prosecution of a judge // Russian Judge. – 2021. – No. 9. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
9. Stelmakh V. Yu. Some procedural aspects of deprivation of immunity from criminal prosecution // Current problems of Russian law. – 2021. – No. 12. – [Electronic resource]. – Access mode: SPS “ConsultantPlus”.
CRIMINAL PROCEDURE
KOSAREV Sergey Yurjevich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
KOCHEMIROVSKY Vladimir Alexeevich
Ph.D. in chemical sciences, associate professor of the Higher School of Law and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MENSHIKOV Pavel Valentinovich
assistant of the Higher School of Law and Forensic Engineering of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
MOKHOROV Dmitriy Anatoljevich
Ph.D. in Law, associate professor, Director of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
DIGITALIZATION OF THE EVIDENCE BASE BY MODERN METHODS OF FORENSIC EXAMINATION
This article discusses scientific and practical research and laboratory modeling in the field of documentoscopy through the use of a hardware spectral and chromatography-spectrometric complex with the function of digital processing of multidimensional data sets. The introduction of digital processes and innovative technical developments in the formation of an evidence base through scientific achievements in the field of forensic activity and the use of its results in making procedural decisions. The authors conclude that for the first time in world practice, methods have been developed for complex processing of multidimensional digital arrays of spectral and chromatographic data from the analysis of writing and stamping dyes, toners of printing devices, which make it possible to establish the age of handwritten, printed and stamped details on a document, as well as to estimate the age of the paper, on which the document is made, which allows you to digitize evidence and avoid procedural errors.
Keywords: сriminal procedure, forensic examination, expertology, documentoscopy, law enforcement.
Bibliographic list of articles
1. Kochemirovsky V. A., Mokhorov D. A. et al. Physico-chemical foundations of materials science for forensic experts: a textbook / Peter the Great St. Petersburg Polytechnic University, Humanitarian Institute. – St. Petersburg: POLYTECH-PRESS, 2021.
2. Kochemirovsky V. A., Mokhorov D. A. et al. Physico-chemical foundations of materials science for forensic experts: textbook, ed. 2, supplemented and revised / Peter the Great St. Petersburg Polytechnic University, Humanitarian Institute. – St. Petersburg: Publishing and Printing Association of Higher Educational Institutions, 2023.
3. Mokhorov D. A., Kochemirovsky V. A. Dating of the document. – St. Petersburg: Publishing and Printing Association of Higher Educational Institutions, 2023.
4. Gorshkova K. O., Rossinskaya E. R., Kirillova N. P., Fogel A. A., Kochemirovskaia S. V., Kochemirovsky V. A. Investigation of the new possibility of mathematical processing of raman spectra for dating documents // Science and Justice. – 2020. –T. 60. – No. 5. – Rr. 451-465.
5. Ershova O., Kochemirovskaia S. V., Cieśla Rafał, Kirillova N. P., Mokhorov D. A., Kochemirovsky V. A. Physicochemical analysis of the age of handwritten inscriptions on documents: trends and prospects // Expert Systems with Applications. – 205 (2022). – 117683.
6. Kochemirovsky Vladimir, Barova Valeria, Denisova Yulia, Ischuk Diana, Fogel Alena, Kochemirovskaia Svetlana, Anisimov Dmitriy, Mokhorov Dmitriy, Novomlinsky Maxim. Influence of the humidity factor on artificial ink aging and document dating // Forensic chemistry. – 2023. – Available at SSRN 4446135.
7. Mokhorov Dmitriy, Anisimov Dmitriy, Kochemirovsky Vladimir. Examination of the prescription of a document as a way to identify malfeasance // Reliability: Theory & Applications (2023). – Special Issue No. 5 (75). – Volume 18, November 2023. – pp. 619-631. – [Electronic resource]. – Access mode: https://doi.org/10.24412/1932-2321-2023-575-619-631.
8. Sirro Sergey, Ershova Ksenia, Kochemirovsky Vladimir, Fiks Julia, Kondrakhina Polina, Ermakov Sergey S., Mokhorov Dmitriy. Recognition of fake paintings of the 20th-century Russian avant-garde using the physicochemical analysis of zinc white // Forensic Chemistry. – 2021. – T. 26. – P. 100-367.
CRIMINAL PROCEDURE
KUDRYASHOVA Svetlana Dmitrievna
assistant to the Khimki City Prosecutor of the Moscow Region, Prosecutor’s Office of the Moscow region
Trial by jury in district courts: practical problems
The author analyzes the current practice of considering criminal cases trial by jury. There are problems basing on practice criminal cases. In particular, there are reasons of appeal. Analysis showed that the incompleteness of the investigation entails consequences in the form of acquittals when considering the consideration of the case with the participation of the jury. Investigators not always do all investigative actions before managing the prosecutor’s affairs for conducting accusatory supervision. The subject of the analysis was incorrect words of questions list that must be resolved by jury. Author identifies the causes of such judicial errors, and also tries to offer practical recommendations for their elimination.
Keywords: trial by jury, question list, formulation of questions list, jury in the district court, poll of the jury
CRIMINAL PROCEDURE
SHAPOVALOVA Tatyana Ivanovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
The pros and cons of using hypnosis in the process of proving in criminal proceedings
The article discusses some controversial issues of interrogation under hypnosis. Just like any phenomenon, hypnosis can be both positively and negatively evaluated. Interrogation by hypnosis in the framework of the Russian criminal process does not have its own legal regulation, but this does not mean that it should be categorically abandoned. The foreign experience of using this method has shown its effectiveness in some cases. Opponents of the use of this method focus on the violation of the rights of participants subjected to hypnosis, which is unacceptable from the point of view of the Criminal Procedure Code of the Russian Federation. The possibility of finding the “golden mean” of using this method is of interest.
Keywords: hypnosis, proof, interrogation, method, victim, suspect, law, witness, specialist.
Bibliographic list of articles
1. Ryashchev A.E. Investigative hypnosis. Status, problems and prospects // Electronic bulletin of the Rostov Socio-Economic Institute. – 2014. – No. 3. – P. 169-174.
2. Kitaev N. N. Hypnosis and crimes / N. N. Kitaev; N. N. Kitaev; Feder. education agency, Baikal. state University of Economics and Law. – Irkutsk: Publishing house BGUEP, 2006. – 60 p.
3. Grimak L.P. Hypnosis and crime. – M., 1997. [Electronic resource]. – Access mode: https://libcat.ru/knigi/nauka-i-obrazovanie/psihologiya/25477-87-leonid-grimak-gipnoz-i-prestupnost.html (access date: 01/12/2024).
4. Kitaev N. N. Hypnosis and crime detection: possibility and legality of application. [Electronic resource]. – Access mode: https://jurid-psy.livejournal.com/5348.html (access date: 01/12/2024).
5. Skrypnikov A.I. Obtaining information through surveys under hypnosis // Investigation of multi-episode murders committed on sexual grounds: Scientific method. manual / [Dvorkin A.I. et al.]; edited by K. Yu. n. Dvorkina A.I. – Moscow: Exam, 2004. – 414 p.
6. The main case of Marina Zabbarova // Perm region. Editorial office of FederalPress / Expert channel UralPolit.Ru 09/10/2008. [Electronic resource]. – Access mode: https://fedpress.ru/news/russia/policy/477768 (access date: 01/12/2024).
7. Lunev R. S. Application of non-traditional methods of influencing the defendant in Russian legal proceedings (using the example of hypnosis) // Lawyer’s Advisor. – 2013. – No. 9. – P. 3-13. – EDN SGZXCZ.
8. Forensic psychology for investigators. – M.: Yurlitinform, 2001. – 352 p.
CRIMINAL PROCEDURE
ANNAGI Abdul Mammadli ogly
doctoral student of the Forensic science center of the Ministry of Justice of the Republic of Azerbaijan
LEGAL BASIS OF THE INVESTIGATIVE ASSENT IN PRE-TRIAL PROCEEDINGS OF THE REPUBLIC OF AZERBAIJAN
The arguments of supporters of the use of the institution of investigative assistance in pre-trial proceedings in the Republic of Azerbaijan are that this system ensures quick and decisive punishment of lawbreakers, prevents the detention of accused or suspected persons for a long time and makes an important contribution to the ability of the prosecutor to devote time to pivotal cases.
On the other hand, the critical aspects of the investigative assent is expressed by the fact that the material truth is not fully revealed, the public safety can be endangered due to the reduction of the punishment of the persons who have committed an especially serious crime and the early release of the criminal. In this article, we debate on the prospects of the application of the Investigative Assent in the Azerbaijan Criminal Procedure based upon the current legislative norms.
Keywords: investigative assent, court, criminal procedure, prosecution, accused.
Bibiography
1. Aydin Murat. Elements and Return of the Indictment // Journal of the Faculty of Law of Gazi University. – 2006. – No. 10 (1-2). – R. 367-398.
2. Balo Y. S., Cetinturk E. Prosecutor for the implementation of the criminal laws of the United States of America.
3. Decision of the Plenum of the Constitutional Court of the Azerbaijan Republic “On the interpretation of certain provisions of Articles 59.1.9 and 60 of the Criminal Code of the Azerbaijan Republic”, 2012, paragraph 2.
4. John F. Meyer’s Benefits in Investigative Assents // Encyclopedia of Crime and Punishment Publications, 2002.
5. Shahin Jumhur. Reconciliation in Criminal Justice – A Gift to Suleiman Arslan // Journal of the Faculty of Law of Seljuk University. – 1998. – R. 6.
6. Siegel Larry J. Courts and Criminal Justice in America, Annotated Instructor’s Edition, Prentice Hall, USA – 2010.
CRIMINAL PRINCIPAL LAW
ANANJEV Oleg Gennadjevich
senior lecturer of Social psychology and social work sub-faculty of the Academy of the FPS of Russia
KASHINTSEVA Irina Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Foreign languages sub-faculty, Deputy Director of the Institute for Training State and Municipal Employees of the Academy of the FPS of Russia
ORGANIZATION OF TRAINING FOR THOSE SENTENCED TO IMPRISONMENT IN CORRECTIONAL INSTITUTIONS
The article analyzes the rules of penal and education law enforcement in the Russian Federation on the rights of convicts to get vocational and higher education in educational institutions of our state. Education is the main way to reform convicts. Within correctional institutions organize employees vocational training and vocational education for prisoners. However, many convicts while serving their sentences, which can be rather long, wish to get education in the proposed programs by means of distance learning. The issue of organizing such training and respecting human and civil rights to higher education is quite serious nowadays and can affect the reformation of a complimentary person and the return of a person to the society.
Keywords: penal law, organization of training, institutions of imprisonment, convicts, employees.
Bibliographic list of articles
1. Educational work with convicts: textbook Ananyev O. G., Ananyeva E. O., Kirillova T. V., Korysheva S. E., Kuznetsov M. I., Luzgin S. A., Skopina I. E. , Fedina A. M., Kholopova E. Yu. / Ed. Kirillova T.V. – Ryazan, 2021. – 206 pp.
2. Order of the Ministry of Justice of the Russian Federation dated March 24, 2020 N 59 “On approval of the Procedure for organizing vocational training and secondary vocational education of persons sentenced to imprisonment and serving sentences in institutions of the penal system of the Russian Federation” (with amendments and additions) / GARANT – [Electronic resource] – Access mode: https://base.garant.ru/73868126/ (access date 02/04/2024).
3. Brief description of the penal system of the Russian Federation. – [Electronic resource] – Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/(access date 02/04/2024).
4. More than a hundred convicts serving sentences in correctional institutions in the Moscow region received professions in the field of light industry / 02/07/2023 / Moscow region – Without Format. – [Electronic resource] – Access mode: https://podmoskovye.bezformata.com/listnews/osuzhdennih-otbivayushih-nakazanie-v-iu/114101871/ (access date 02/04/2024).
5. Ananyeva E. O., Ivliev P. V. Digitalization of certain areas in the activities of the penal system // Eurasian Legal Journal. – 2023. – No. 2 (177). – pp. 304-306.
6. Kryazheva S. G., Moskvitina M. M., Novikov A. V. Current state of recidivism among persons serving sentences in high-security correctional institutions // Questions of Russian and international law. – 2023. – Volume 13. No. 1A-2A. – pp. 388-397. DOI: 10.34670/AR.2023.25.62.051.
CRIMINAL PRINCIPAL LAW
VIDOVA Tatyana Alexandrovna
Ph.D. in historical sciences, associate professor, Deputy Head of Civil law disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
GOLOVASTOVA Yuliya Alexandrovna
Ph.D. in Law, associate professor, professor of Criminal executive law and organization of educational work sub-faculty of the Academy of the FPS of Russia, professor of Criminal law and humanitarian disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
MITYAEVA Yuliya Vladimirovna
Ph.D. in political science, associate professor, associate professor of Civil law disciplines sub-faculty of the S. Yu. Witte Moscow University, Ryazan branch
FORMATION AND DEVELOPMENT OF THE INSTITUTION OF CONDITIONAL SENTENCE IN RELATION TO MINORS IN DOMESTIC LEGISLATION
The article examines the formation of the institution of conditional sentence in the pre-revolutionary period, as well as its further development in Russian legislation. The points of view of scientists in the field of criminal and penal enforcement law related to the institution of conditional sentence are analyzed. Special attention is paid to the peculiarities of the legal regulation of the application of conditional sentence to minors.
Keywords: institution of conditional sentence, congratulating minor, conditional sentence, historical period, legal nature.
Bibliographic list of articles
1. Valeev A. Kh. Conditional sentence of minors: dis. …cand. legal Sciences: 12.00.08. – Ufa, 2004. – 186 pp.
2. Vidova T. A., Golovastova Yu. A. Third June political system in Russia: political prerequisites and historical consequences // Eurasian Legal Journal. – 2019. – No. 6 (133). – pp. 99-102.
3. Kostina S. M. The role of the Russian group of the International Union of Criminologists in the history of the formation of the institution of probation in pre-revolutionary Russia // Law: history, theory, practice: materials of the I International. scientific conf. (St. Petersburg, July 2011). – St. Petersburg, 2011. – pp. 33-37. [Electronic resource]. – Access mode: https://moluch.ru/conf/law/archive/39/903/ (access date: 10/03/2023).
4. Manannikov D. Yu. On the formation of the institution of suspended sentence in criminallaw // Citizen and law. – 2007. – No. 11. – P. 77-89.
5. Medvedev V. G. History of the Development of the Institute of Conditional Sentence in the Criminal Legislation of Russia // Bulletin of Science of TSU. – No. 2 (2). – 2008. – pp. 121-125.
6. Nekrasov A.P., Borisov A.V. Comparative legal analysis of the development of the domestic criminal law regulating the application of probation to minors in the historical period // Gaps in Russian legislation. – 2011. – No. 6. – P. 184-188. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sravnitelno-pravovoy-analiz-razvitiya-otechestvennogo-ugolovnogo-zakona-reglamentiruyuschego-primenenie-k-nesovershennoletnim (date of access: 11/21/2023).
7. Piontkovsky A. A. About probation or probation system // Journal of the Ministry of Justice. – 1898. – No. 5.
8. Ryabko D. A. History of the formation of the institution of probation in the 20th century of pre-revolutionary Russia // History of state and law. – 2007. – No. 1. – P. 25-26.
9. Tagantsev N. S. Russian criminal law. Part General: Lectures. – St. Petersburg, 1902. – T. 2.
10. Tarasov A. N. Conditional sentence under Russian legislation. – St. Petersburg, 2004. – 221 p.
11. Filenko E. A. Problems of applying probation to minors. Master’s thesis. … for a master’s degree in the field of study 04/40/01. Jurisprudence. Tomsk State University, 2017 – 80 p.
CRIMINAL PRINCIPAL LAW
BUBNOVA Yuliya Gennadjevna
Ph.D. in Law, associate professor, associate professor of Administrative and legal disciplines sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS, colonel of internal service
KALYASHIN Andrey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Constitutional and municipal law sub-faculty of the Vladimir branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
ON THE ISSUE OF SERVICE AND THE IMPLEMENTATION OF THE RULES FOR WEARING UNIFORMS BY FEMALE EMPLOYEES IN THE PENAL SYSTEM
This article examines the issues that reveal the possibilities of women to take an active part in the political and public life of society and the state, to carry out public service. Particular importance is given to the issues of legal regulation of the appearance of female employees serving in the penal enforcement system. In view of the lack of a legal formulation of this definition, the author of the article gives recommendations on making changes and clarifications on certain issues characterizing the concept of appearance as one of the fundamental factors influencing the process of forming the image of the penal enforcement system and its employees.
Keywords: civil service, penal enforcement system, female employees, appearance, image, official behavior.
Bibliographic list of articles:
1. Bodalev A. A. Personality and communication: Selected works. – M.: Pedagogy, 1983. – 272 pp.
2. Rakovskaya O. A. Features of the formation of a professional career for women // Gender aspects of social transformation: collection. scientific Art. – M., 1996. – P. 58-59.
3. GARF. – F. R-9401. – Op. 8. – D. 47. – L. 1-4. Copy.
CRIMINALISTICS
EVSTROPOV Dmitriy Anatoljevich
Ph.D. in technical sciences, associate professor of Traceology and ballistics sub-faculty of the Educational and Scientific Complex of Expert and Forensic Activities of the Volgograd Academy of the MIA of Russia
THE INFLUENCE OF ELECTRONIC SECURITY DEVICES ON THE DYNAMICS OF CHANGES IN CRIMES AGAINST PROPERTY
Abstract: the article studies the role of electronic security devices on the dynamics of changes in car thefts and burglaries, and considers one of the hypotheses explaining the “general dynamics of the decline in crime.” Analysis and testing of the hypothesis is required for a general understanding of the influence of various factors on the dynamics of crime reduction, and for drawing lessons for future practice and policy in relation to the prevention of certain types of offenses. The paper analyzes the results from 1992 to 2022 based on data available in the literature indicating the nature and changes in the relationship between security devices and reported theft statistics. The work is an attempt to explore and analyze one of the possible hypotheses that explain the general trend of decreasing crime rates. The goal is not only to identify the impact of the described devices, but also to understand their impact on the overall lifestyle and safety of society as a whole.
Keywords: crime decline, burglary, security hypothesis, crime review.
Principal bibliographic list
1. Zarubin D. A. Territorial features of the state of crime against property // Issue 4. – 2020. – No. 1. – P. 18.
2. Evtushenko I. I. Status and analysis of crimes against property in the Republic of Crimea (for the period from 2015 to 2020) // Scientific notes of the Crimean Federal University named after VI Vernadsky. Legal sciences. – 2021. – T. 7. – No. 3-1. – pp. 170-180.
3. Number of thefts in Russia. [Electronic resource]. – Access mode: https://rg.ru/2023/02/06/kolichestvo-ugonov-v-rossii-snizhaetsia-a-kolichestvo-ih-raskrytij-rastet.html (access date: 01/7/2023).
4. Trends and Dynamics of Vehicle Theft in Bulgaria. [Electronic resource]. – Access mode: https://csd.bg/blog/blogpost/2023/02/14/trends-and-dynamics-of-vehicle-theft-in-bulgaria/ (date of access: 01/7/2023).
5. Tseloni A. et al. Domestic burglary drop and the security hypothesis // Crime Science. – 2017. – T. 6. No. 1. – P. 1-16.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia, Zheleznogorsk
DOLGUSHINA Liubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia, Zheleznogorsk
DETECTION OF TRACES OF AN EXPLOSION AT THE SCENE
The article analyzes issues related to the formation and detection of traces of the use of explosives and explosive devices at the scene of an explosion-related crime. Explosions are among the most dangerous and destructive incidents that can occur in our world. Such events can have serious consequences for human health and safety, as well as for the environment. In such cases, the key point is to detect traces of an explosion in order to find out the causes, ways to organize the act and ensure public safety. In this article, the authors consider some of the main methods for detecting traces of an explosion.
Keywords: explosion trace, explosion, explosive substance, explosive device, detection of explosion traces, scene of the incident, explosive expertise.
Bibliographic list of articles
1. Shumaev D. G. Algorithm for the removal of trace traces of an explosion // Yurist-Pravoved. – 2019. – No. 2 (89). – pp. 237-241.
2. Samoilov A. Yu. Features of fixation and removal of material objects and traces, taking into account their nature and types // Rule of law: problems of understanding and implementation: collection of articles of the International Scientific and Practical Conference. – Ufa, 2015.
3. Mikhailov M. A. Investigation of criminal explosions (Recommendations for organizing the initial stage of the investigation). – Simferopol, 1997. – 37 p.
4. Shkhagapsoev Z. L., Gauzhaeva V. A. Tasks of preliminary research of explosion traces at the scene of an incident // Business in Law. Economic and legal journal. – 2014. – No. 2. – P. 283-285.
5. Technical support for the investigation of arson committed with the use of combustion initiators / I. D. Cheshko [et al.]; edited by d.v. Sc., prof. V. S. Artamonova. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2000.
CRIMINALISTICS
KUZMICHEV Yuriy Vladimirovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
MIKHAYLENKO Svetlana Vladimirovna
senior researcher of the Research Department of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
KOVALCHUK Valentina Alexandrovna
adjunct of the Rostov Law Institute of the MIA of Russia
FEATURES OF THE INVESTIGATION OF ACCIDENTS THAT CAUSED NEGLIGENT DEATH OF MINORS
The presented article is devoted to issues concerning some of the features and difficulties of investigating crimes after a traffic accident that caused the death of a minor by negligence. The team of authors presents statistical data indicating the strict relevance of this issue, since the rapid increase in the number of road accidents involving minors indicates a large number of criminal cases under investigation.
In addition, the authors comprehensively analyzed the problems related to the investigation of this category of crimes, determined the most common determinants of the commission of the offenses presented, and also proposed some recommendations for optimizing the investigation of road accidents, the result of which was the death of a minor.
Keywords: traffic accident, minors, children, death by negligence.
Bibliographic list of articles
1. Official website of the scientificRoad Safety Center of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://ntsbdd.mvd.rf/news/item/43162565/ (access date: 01/20/2024).
2. Meshalkin S. N. Problems of combating crime in the field of road safety // Labor protection and social insurance. – 2009. – No. 8. – P. 60-62.
3. Vladimirov S.V. Investigation of a vehicle collision with a pedestrian: dis. …cand. legal Sci. – Vladimir, 2011. – 213 p.
CRIMINALISTICS
LONSCHAKOVA Anzhella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
SYSTEM-FORMING FACTORS DETERMINING THE FEATURES OF CRIMINALISTIC CRIME PREVENTION
The article substantiates the opinion that one of the main tasks of forensic science is the criminalistic provision of crime prevention. However, the analysis of empirical material indicates the insufficient role of criminology in ensuring crime prevention. According to the results of the study, it was revealed that the study of the system-forming factors that determine the features of criminalistic crime prevention contributes to the formation and development of an interdisciplinary theory of crime prevention. The system-forming factors determining the features of criminalistic provision of crime prevention are analyzed in dialectical unity. The key aspect under study is the analysis of the transition (restructuring) of a problematic situation with respect to those of its properties that are defined as opposite. It should be borne in mind that opposites can be in different relationships, which allows using forensic tools to identify and fix significant predictive components during their transformation.
Keywords: criminalistic support, criminalistic victimology, criminalistic prevention, the identity of the victim, the identity of the criminal, situations that contribute (favor) the commission of crimes, the crime situation, the causes of crime, the determinants of crime.
Bibliographic list of articles
1. Burdanova V. S., Bykov V. M. Victimological aspects of criminology: textbook. – Tashkent, 1981. – 80 p.
2. Gavrilin Yu. V. Investigation of crimes encroaching on information security in the gray economy: theoretical, organizational, tactical and methodological foundations: dis. … doc. legal Sci. – M., 2009. – 404 p.
3. Gorsky G.F. Identification and study of the causes of crime in the stage of preliminary research: dis. … Ph.D. – Voronezh, 1965. – 334 p.
4. Zudin V.F. Social crime prevention: criminological and forensic problems. – Saratov, 1983. – 188 p.
5. Ivanov I.I. Forensic prevention (comprehensive study of genesis, condition, prospects): dis. … doc. legal Sci. – M., 2004. – 418 pp.
6. Lonshchakova A. R. Tactics of interrogation of the accused in cases of violent crimes. – M., 2022. – 168 pp.
7. Lonshchakova A. R. The theory of criminology and the theory of operational investigative activities: unite, create, protect, warn // Eurasian Legal Journal. – 2020. – No. 2 (141). – pp. 327-330.
8. Lonshchakova A. R. Investigative actions with the participation of persons subject to state protection: educational and practical guide. – M., 2022. – 176 pp.
9. Lonshchakova A. R., Kharisova Z. I. Computer program “Software-analytical complex “Cybercrime”. Certificate of registration of a computer program 2020661720, 09/30/2020.
10. Makhtaev M. Sh., Yablokov N. P. Forensic prevention: history of formation, modern problems. – M., 2016. – 288 p.
11. Ovchinsky V. S. Technologies of the future against crime. – M., 2017. – 288 p.
12. Ovchinsky V. S. Generative models of artificial intelligence – dangerous enemies or assistants to investigators and police officers? // Eurasian legal journal. – 2023. – No. 11 (186). – pp. 3-6.
13. Talyneva Z.Z., Lonshchakova A.R. Preventive activities of the inquiry body, interrogator, investigator at the stage of preliminary investigation in criminal cases // Eurasian Legal Journal. – 2020. – No. 5 (144). – pp. 277-278.
14. Frank L. V. Victimology and victimization: a textbook. – Dushanbe, 1972. – 111 p.
CRIMINALISTICS
RYZHKOVA Inna Alexandrovna
competitor for the degree of candidate of legal sciences, Moscow
TACTICAL TECHNIQUES AIMED AT IMPLEMENTING THE PRINCIPLE OF RESPECT FOR THE HONOR AND DIGNITY OF THE INDIVIDUAL DURING INVESTIGATIVE ACTIONS
The tactical and psychological techniques used by the investigator in his professional activities are based on his knowledge from
various fields, including not only psychology, pedagogy, but also political science, religionous studies and many others. However, having
versatile knowledge, not every subject of search and cognitive activity will be able to predict the behavior of participants in criminal
proceedings, being aware of their psychological characteristics. The article examines psychological tactics aimed at ensuring the
principle of respect for the honor and dignity of the individual depending on the personal status of the participant in the investigative
action and proposes their classification. The author describes tactical techniques depending on the religiosity or faith of the participant in the investigative action; ideology; family models (structure) and types of family relationships; ethnic status; sexual orientation and gender identity and other statuses of a participant in the investigative action.
Keywords: implementation mechanism, the principle of respect for the honor and dignity of the individual, ensuring individual rights, psychological tactics, personal status of the participant in the investigative action.
Bibliographic list of articles
1. Aksenova L. Yu., Anesheva A. T. Tactical techniques for interrogation // Siberian Legal Review. – 2019. – No. 1. – P. 80-84.
2. Antipova N. E. Subculture: concept and causes of its occurrence // Young scientist. – 2023. – No. 26 (473). – pp. 42-43.
3. Belkin R. S. Lenin’s theory of reflection and methodological problems of Soviet criminology. – M.: Higher School of the Ministry of Internal Affairs of the USSR, 1970. – P. 81.
4. Bertovsky L.V. Peculiarities of interrogation of persons of older age groups // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. –
2020. – T. 24. – No. 4. – P. 1100–1121.
5. Bertovsky L. V. On the issue of obtaining verbal information from persons with cognitive developmental disabilities Modern youth and the challenges of extremism and terrorism in Russia and abroad: collection
materials of the All-Russian (with international participation) scientific and practical conference / ed. Kh. P. Pashaeva. – Gorno-Altaisk: BITS GAGU, 2019. –
P. 125.
6. Vasiliev A. N. Fundamentals of investigative tactics: Author’s abstract. dis. … doc. legal Sci. – M., 1960. – P. 31.
7. Gritsaev S.I., Vlezko D.A., Shevel D.V. Use of psychological knowledge in crime investigation: textbook. allowance. – Krasnodar: KubSAU. – 2013.
– P. 250.
8. Knyazkov A. S. Signs of a tactical technique and criteria for the admissibility of its use // Bulletin of Tomsk State University. – 2012. – No. 355.
– pp. 94-102.
9. Knyazkov A. S. Conceptual provisions of tactical techniques. – Tomsk: Publishing house Tom. University, 2012. – 190 pp.
10. Komarov I. M. Forensic science. Volume 4. – Forensic tactics. 2019. – P. 179
11. Komissarov V.I. Forensic tactics: history, current state and development prospects. – M.: Yurlitinform, 2009. – P. 40.
12. Malyutin M.P. Tactical techniques in crime investigation. – Moscow: Yurlitinform, 2009. –
P. 184.
13. Obraztsov V. A. Tactical technique as a means of cognition // Forensic science: textbook, 2nd ed., revised. and additional / ed. V. A. Obraztsova. – M.: Yurist, 2002.
– P. 345.
14. Oleynik A. N. Prison subculture in Russia: from everyday life to state power. – M.: INFRA-M, 2001. – P. 418.
15. Basic provisions of investigative tactics / V. D. Zelensky, D. A. Vlezko, M. V. Golovin, S. I. Gritsaev, resp. editor V. D. Zelensky. – Krasnodar: KubSAU, 2011. – P. 275.
16. Ondar D.S. The initial stage of the investigation of thefts from a home in rural areas in conditions of compact residence of an ethnic group (based on materials from the Republic of Tyva): Author’s abstract. dis. Ph.D. –
Rostov, 2019. – P. 26.
17. Sadykov A. U., Pakhomov S. V. Correlation of the concepts of forensic tactics and their methodological significance // Society and Law. – 2012. – No. 1 (38). – pp. 227-234.
18. Filippov A. G. General provisions of forensic tactics and the procedure for conducting investigative actions // Forensic Science: Textbook / Ed. A. G. Filippova. – M., 2004. – P. 197-198.
19. Shakhbanova M. M. Interethnic interactions in the Republic of Dagestan and their consequences for the development of ethnic identity (on the example of small peoples) // IAEC. – 2012. – No. 2 (30).
20. Shestak V.A., Dunichkina A.P. Prison subculture as a cultural phenomenon in Russia // Education and Law. – 2019. – No. 6.
CRIMINALISTICS
SAMOYLOV Alexander Yurjevich
Ph.D. in Law, associate professor of Criminology sub-faculty of the Ufa Law Institute of the MIA of Russia
FEATURES OF ESTABLISHING SPATIAL AND TEMPORAL CONNECTIONS DURING THE INSPECTION OF THE SCENE
The article is devoted to the study of the peculiarities of establishing spatial and temporal connections during the inspection of the scene of an accident. The factors that influence the establishment of links between objects and events, as well as various aspects of the inspection process, such as collecting and recording evidence, determining the sequence of actions, as well as taking into account the temporal and spatial characteristics of the scene, are analyzed. Inspection of the scene is one of the key stages in the investigation of crimes, and the success of the entire investigation process depends on the correctness of establishing spatial and temporal links. The article discusses the importance of taking into account spatial and temporal relationships during the examination.
Keywords: inspection of the scene, spatial connections, temporal connections, investigation of crimes.
Bibliographic list of articles
1. Bobrova L. D., Lysova A. A.’s use of special knowledge when carrying out individual investigative actions // Current problems of legal science and law enforcement practice: collection of materials of the 4th International Scientific and Practical Conference, Cheboksary, November 05, 2014. – Cheboksary: Chuvash State University named after I. N. Ulyanov, 2014. – P. 349-355. – EDN UDTJBH.
2. Golovin M.V., Shpak N.M. Algorithmization of investigative actions at the initial stage of an extortion investigation // Scientific journal of KubSAU. – 2016. – No. 123. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/algoritmizatsiya-sledstvennyh-deystviy-na-pervonachalnom-etape-rassledovaniya-vymogatelstva (date of access: 01/11/2024).
3. Case No. 1-71/2018 // Arch. Kurchatovsky District Court of Chelyabinsk. Op. 2. 210 l.
CRIMINALISTICS
SHAGIEVA Gulnara Rifovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
YUSUPOVA Svetlana Invirovna
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for the Training of Dog Handlers of the MIA of Russia
FORENSIC PHOTOGRAPHY
The article examines the branch of forensic technology-forensic photography, which helps to solve crimes and is an integral part of the investigation. The scene of the incident is documented using techniques and methods of forensic photography. Anything found at the crime scene can be used as physical evidence if it is relevant to the case, therefore documenting the crime scene and physical evidence in their true form is key to the investigation. Forensic photography is a form of documentation that is necessary to preserve the quality of the discovered physical evidence.
Keywords: forensic photography, digital photography, photographic documentation, digital camera, bracketing, exposure.
Bibliographic list of articles
1. Barova Yu. D. Some problems of forensic photography. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=41592222&ysclid=lryohn8ebk688176316 (date of access: 01/27/2024).
2. Definition and system of forensic photography. [Electronic resource]. – Access mode: https://student-servis.ru/spravochnik/opredelenie-i-sistema kriminalisticheskoj-fotografii/ (date of access: 01/27/2024).
CRIMINALISTICS
DOLGUSHINA Liubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the Ministry of Emergency Situations of Russia, Zheleznogorsk
FORENSIC FEATURES OF THE INITIAL INVESTIGATIVE ACTIONS RELATED TO THE INSPECTION OF THE EXPLOSION SITE
The article analyzes issues related to the investigation of incidents related to explosions, presents the main problems associated with finding, investigating, as well as fixing information in the form of evidence at the explosion site. When organizing and planning the investigation of criminal explosions, it is necessary to take into account their characteristics caused not only by the increased danger arising from the threat of a repeated explosion, but also by conditions that significantly determine the possibility of detecting traces and meet the requirements of informativity. Within the framework of this article, special attention is paid to the inspection of the explosion site in open areas of the area.
Keywords: explosion trace, explosion, explosive substance, explosive device, detection of explosion traces, scene of the incident, explosive expertise.
Bibliographic list of articles
1. Biryukov V.V. Forensic weapons science. – Lugansk: SPD Reznikov V.S., 2013. – 256 p. – ISBN 978-617-509-301-6.
2. Kotkin P. N. Tactics of emergency actions at the site of an explosion associated with the use ofWe eat an explosive device // Forensic expert. – 2006. – No. 2. – P. 10-16.
3. Antonov V.P., Belozerova I.I., Bertovsky L.V., Borinskaya S.A. Forensics: a textbook for bachelors / Ed. L. V. Bertovsky; Ross. Peoples’ Friendship University. — Moscow: Prospekt, 2018. — 961 p.
4. Shkhagapsoev Z. L., Gauzhaeva V. A. Tasks of preliminary research of explosion traces at the scene of an incident // Business in Law. Economic and legal journal. – 2014. – No. 2. – P. 283-285.
CRIMINOLOGY
ALYSHEV Sergey Sergeevich
associate professor of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia, Stavropol
THE PERSONALITY OF THE CRIMINAL AS THE BASIS OF CRIMINOLOGICAL THEORY
The article examines the personality of the criminal as the basis of criminological theory, taking into account the system of socially significant properties of the person who committed the crime, reflecting the possibility of his correction by criminal legal means, analyzes official statistics and the approaches of legal scholars. Through the use of various methods of scientific research, individual provisions established in the theory of science are analyzed in order to concretize the essential content of the phenomenon under consideration. A substantial review of various areas of understanding the personality of a criminal and their consideration in the practical and legal aspects of crime prevention was carried out.
Keywords: crime, criminal, personality characteristics, criminal identity, crime prevention.
Bibliographic list of articles
1. Dagel P. S. The doctrine of the personality of a criminal in Soviet criminal law: a textbook. – Vladivostok: Far Eastern University Publishing House, 1970. – 132 p.
2. Criminology: a textbook for graduate students / Ed. I. M. Matskevich. – M.: Norma: INFRAM, 2017. – 368 p.
3. Criminology: textbook / Ed. V. N. Kudryavtseva. 5th ed., revised. and additional – M.: Legal Norma, Scientific Research Center INFRA-M, 2015. – 800 pp.
CRIMINOLOGY
LITVINOV Roman Viktorovich
lecturer of Forensic examination sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
TISHCHENKO Alina Vyacheslavovna
student of the Faculty of Higher Education of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
CRIMINOLOGICAL CHARACTERISTICS OF FEMALE CRIME
The article reveals the concept of “female crime”. The authors draw attention to the importance of understanding the mechanisms of criminal behavior of women. The authors highlight the key characteristics of the personality of a female criminal, in order to study it and identify factors contributing to the commission of crimes. In addition, the types of crimes committed exclusively by women are indicated. The differences between female and male crime are revealed. It also provides rehabilitation methods for women who have committed crimes and measures to reduce the number of crimes committed by women.
Keywords: female crime, personality, crimes, factors, rehabilitation, reduction of the number of crimes.
Bibliographic list of articles
1. Votinova A. S., Omigov V. I. Criminological characteristics of female crime // Bulletin of the scientific association of students and graduate students of the Faculty of History of the Perm State Humanitarian Pedagogical University. Series: Stadia Historica Jenium. – 2011. – No. 1 (7). – pp. 147-153.
2. Combating crime. Special part / Reviewers: Doctor of Law, Professor A. V. Groshev; Doctor of Law, Professor P. N. Panchenko. Volume 2. – Cheboksary: without publishing house, 2015. – 616 p.
3. Krymkin V.V. Female criminal // Justice of the Peace. – 2008. – No. 12. – P. 4-8.
4. Marlukhina E. O. Criminology: textbook. – Moscow: Dashkov and K°, 2007. – 372 p.
5. Lavrinenko A. A. Crime “with a woman’s face”: sad statistics or patterns of development? // Society and law. – 2008. – No. 3 (21). – pp. 201-203.
CRIMINOLOGY
NURUTDINOV Ilnur Ildusovich
Ph.D. in sociological sciences, associate professor, senior lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia, lieutenant colonel 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
VALEEVA Gulshat Shakurovna
lecturer of Vocational training sub-faculty of the Ufa Law Institutete of the MIA of Russia, major of police
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire Training sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
DEVIANT BEHAVIOR OF MINORS: CLASSIFICATION, CAUSES
This article analyzes the term “deviant behavior”, presents the approaches of various authors to classify the causes of deviant behavior in minors, as well as the features of the use of this term in relation to minors. During the analysis of scientific literature, the authors identify the causes of the formation of deviant behavior and suggest ways to improve the system of prevention of deviant behavior of minors. The authors note that the prevention of deviant behavior should primarily be carried out at the pre-criminal level of deviance, when the child is not yet a criminal, and his social deviations manifest themselves at the level of offense minors.
Keywords: deviant behavior, juvenile delinquency, crime prevention, deviant behavior, police officer.
Bibliographic list of articles
1. Besschetnova O. V. Formation of safe behavior among students to act in dangerous situations // Life safety: science, education, practice: material. VI Interregional scientific and practical conf. with international participation, November 28, 2015, Yuzhno-Sakhalinsk: Sat. scientific Art. / Federal State budgetary educational institution of higher education prof. education “Sakhalin State. University”; ed. Col.: I. G. Minervin, V. V. Moiseev; comp.: S. V. Abramova, E. N. Boyarov. – Yuzhno-Sakhalinsk: SakhSU, 2016. – pp. 29-30.
2. Zhelnin E.V. Prevention of deviant behavior of minors // Bulletin of Science. – 2021. – No. 8 (41). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-deviantnogo-povedeniya-nesovershennoletnih (date of access: 10/07/2023).
3. Kocherov A.V. Deviant behavior as a psychological phenomenon // Bulletin of Science. – 2020. – No. 2 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deviantnoe-povedenie-kak-psihologicheskiy-fenomen-1 (date of access: 10/07/2023).
4. Maysak N.V. The problem of systematization of deviant behavior // Astrakhan Medical Journal. – 2011. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-sistematizatsii-deviantnogo-povedeniya (date of access: 01/15/2024).
5. Tipunova A. A. The concept of “minor” in criminal law of Russia // World Science. – 2018. – No. 6 (15). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-nesovershennoletniy-v-ugolovnom-prave-rossii (date of access: 10.25.2023).
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
SOME ISSUES OF DRUG SAFETY THROUGH THE PRISM OF THE INFORMATION BACKGROUND OF SOCIETY (ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY)
The article analyzes some indicators of the state of both the entire crime in Russia and, in particular, crime in the field of drug trafficking. The individual data obtained on the state of the drug situation in the Krasnoyarsk Territory based on the results of a sociological survey as part of the annual monitoring of the drug situation are studied. The components of drug safety of society in the region related to the information environment are considered. As a result, a conclusion was formulated on increasing the effectiveness of preventive measures of an anti-drug orientation of an informational nature.
Keywords: crime, drug trafficking, drug situation, drug safety, monitoring, information security.
Bibliographic list of articles
1. The state of crime in Russia for January-November 2023 / Federal Public Institution “Main Information and Analytical Center” of the Ministry of Internal Affairs of the Russian Federation, – M., 2023. [Electronic resource]. – Access mode: https://mvd.rf/reports/item/42989123/ (date of access: 01/22/2024).
2. State and prospects for ensuring drug safety in society: based on the results of monitoring studies in the Krasnoyarsk Territory / V. E. Shinkevich, E. N. Ben, N. V. Maslodudova [and others]. – Krasnoyarsk: Siberian Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2019. – 208 p.
3. Nevirko D. D. Features of the drug situation in the subjects of the Siberian Federal District and the main directions of anti-drug preventive activities in modern conditions (based on the results of sociological research) / D. D. Nevirko, P. V. Teplyashin, S. A. Stupina // Vestnik Siberian Law Institute of the Federal Drug Control Service of Russia. – 2014. – No. 4 (17). – pp. 96-105.
4. State of the drug situation in the Krasnoyarsk Territory according toresults of sociological research in the format of annual monitoring in 2022 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Y. N., Stupina S. A. Research report. Ministry of Internal Affairs of the Russian Federation. 2023.
CRIMINOLOGY
TAILOVA Aisha Gabibovna
Ph.D. in Law, associate professor of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ABDULSAMEDOV Abdulakhad Tazhitdinovich
magister student of the 2nd course of the North Caucasus Institute of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MURDER FOR HIRE: CAUSES, MOTIVES AND MAIN DIRECTIONS FOR PREVENTION
Hired murders pose a serious threat to public safety and law and order. They are one of the most brutal and undemocratic manifestations of violence in society. This scientific article examines the criminological component and practice of preventing hired murders. The authors analyze the main approaches and methods used by law enforcement agencies and specialized services to prevent and suppress such crimes. Hired murders in Russia have their own specifics. Those who order murders for hire often use double agents to hide their involvement in the crime; the perpetrators of hired murders are usually in the shadows and difficult to identify by law enforcement agencies.
The study showed that there are several main reasons why contract killings are widespread in Russia. The influence of the behavior of the murder victim on the crime itself and its further consequences is very significant. To more effectively combat assassination, it is necessary to develop cooperation with non-governmental organizations working to prevent violence and crime.
Keywords: hired murders, motivation, reasons, victim, behavior, prevention, cooperation.
Bibliographic list of articles
1. Source: [Electronic resource]. – Access mode: https://woronkin.ru/skolko-zakaznyx-ubiistv-soversaetsya-v-rossii-kazdyi-god-i-zacem-oni-osushhestvlyayutsya
2. Sokolova S. A. Problems of criminal legal qualifications using the example of distinguishing between murder for hire and murder for mercenary reasons // Law and order in modern society. 2015. No. 4. P. 89.
3. Tenitilova V.V. Problems of qualification of murders for hire // Law and education. 2017. No. 7. P. 135-142.
LAW ENFORCEMENT AGENCIES
VALIAKHMETOV Ruslan Rasulevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
AMELIN Sergey Gennadjevich
associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
STRIGA Oleg Nikolaevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
ORGANIZATIONAL AND TACTICAL FEATURES OF CONDUCTING VARIOUS FORMS OF PHYSICAL TRAINING IN THE SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Physical training of employees of the internal affairs bodies is an integral part of the development of their professionally applied skills and abilities, as well as theoretical knowledge used in solving official tasks. In order to organize the most effective and high-quality physical training classes, various forms are used that contribute to the development of the general professional preparedness of a law enforcement officer.
This study provides an analysis of the most relevant tactical features and forms of organization of physical training classes in the system of the Ministry of Internal Affairs of the Russian Federation, as well as some recommendations for optimizing and improving the educational process in educational organizations and territorial bodies of internal affairs.
Keywords: physical training, uniforms, police officers, theoretical, practical, control, additional, service tasks.
Bibliographic list of articles
1. On the police: Federal Law of February 7, 2011 No. 3-FZ.
2. On approval of the Manual on the organization of physical training in the internal affairs bodies of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated June 1, 2017 No. 450.
3. On approval of the procedure for organizing training for filling positions in the internal affairs bodies of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated May 5, 2018 No. 275.
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: 01/27/2023).
5. Chekhranov Yu. V., Khromov V. A. Physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia in the structure of general human culture // International Journal of Psychology and Pedagogy in Service Activities. – 2017. – No. 1. – P. 48-50.
LAW ENFORCEMENT AGENCIES
VERTINSKIY Kirill Dmitrievich
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
EGOSHIN Dmitriy Ivanovich
associate professor of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
OBLAP Stepan Igorevich
senior lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
ORGANIZATION AND FEATURES OF PREPARATION FOR THE PERFORMANCE OF CONTROL ENDURANCE EXERCISES OF A POLICE OFFICER
Physical training is an integral element of the professional development of a police officer, consisting of service and applied skills, as well as physical qualities of the human body. The category of physical qualities, along with speed, dexterity, strength and flexibility, also includes endurance, which is an inalienable element of the preparedness of a law enforcement officer, allowing him to successfully overcome difficulties associated with the performance of service and combat tasks.
Determining the high degree of relevance of the chosen topic, within the framework of this study, we conducted a comprehensive analysis of the organizational and tactical features of preparing law enforcement officers to perform endurance control exercises. Within the framework of this study, fundamental definitions were given, the most vulnerable issues of physical fitness were identified, and ways of solving and improving the development of endurance, as necessary for the successful performance of official tasks by police officers of physical quality, were formed.
Keywords: organization, control exercises, physical qualities, endurance, running, law enforcement officer.
Bibliographic list of articles
1. Service-applied physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia / A. S. Matveev, A. R. Mirzoev, M. M. Magomedaliev [etc.] // Physical culture and sport in the system of higher and secondary vocational education : Materials of the VIII International Scientific and Methodological Conference dedicated to the 75th anniversary of the Victory of the Soviet people in the Great Patriotic War, Ufa, March 20, 2020 / Editorial Board: N. A. Krasulina [and others]. – Ufa: Ufa State Petroleum Technical University, 2020. – P. 210-213. – EDN RPEVSC.
2. Kardanov A.K. The importance of physical training in the professional activities of a modern police officer // Theory and practice of social development. – 2014. – No. 14. – P. 118-120.
3. Aldoshin A. V. Specifics of adaptation of the cardiovascular system of athletes and employees of internal affairs bodies who regularly engage in physical exercises // Physical culture and sport in the system of professional education: experience and innovative technologies of physical education: collection of materials of the All-Russian scientific and practical conference. – Ekaterinburg: Ural Institute of the Ministry of Internal Affairs of Russia, 2019. – pp. 3-7.
4. Panferov R. G. Optimization of physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // Improving the physical training of law enforcement officers: collection of articles. – Orel: OrYuI of the Ministry of Internal Affairs of Russia named after V.V. Lukyanov, 2020. – P. 167-168.
LAW ENFORCEMENT AGENCIES
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
AKHIYAROV Robert Ayratovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
KOSHEVETS Gennady Vladimirovich
Head of the Educational Department of the Ufa School for the training of dog handlers of the MIA of Russia
DEVELOPMENT OF PSYCHOLOGICAL STABILITY OF STUDENTS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN FIRE TRAINING CLASSES AND PROSPECTS FOR THE USE OF PSYCHOLOGICAL TECHNIQUES FOR OVERCOMING STRESS IN PRACTICE
The article deals with topical issues of overcoming stressful situations that arise when shooting with firearms through the use of various psychological techniques, as well as consideration of the causes of their occurrence. Formation of psychological resistance of cadets and police officers to sudden stressful situations related to the use of firearms, which have the prospect of overcoming stress in practice. The author suggests ways to overcome stress and develop the skills of calm response to stressful situations with firearms.
Keywords: fire training, cadet, psychological stability, firearms.
Bibliographic list of articles
1. Arkhipov S. N. Fire training in the system of professional training of employees of internal affairs bodies: problems and ways to solve them // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (6). – pp. 171-173.
2. Konychev A. A., Merkulova Yu. N., Chebaev A. A. Psychological training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia during fire training // Epoch of Science. – 2019. – No. 19. – P. 36-38.
3. Melnik E. A., Shultz D. V. Stressful situations that cadets encounter when shooting during fire training classes // Young scientist. – 2022. – No. 48 (443). – pp. 536-538.
4. Semenov V.V., Medvedev I.V. Preparation for stressful situations of cadets of universities of the Ministry of Internal Affairs of Russia during fire training classes // Current problems in the fight against crimes and other offenses. – 2016. – No. 16-2. – pp. 191-194.
LAW ENFORCEMENT AGENCIES
IVANCHENKO Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Legal culture and human rights protection sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
MELESHKIN Valeriy Venediktovich
Ph.D. in philosophical sciences, associate professor, associate professor of Legal culture and human rights protection sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
CERTAIN ASPECTS OF THE PROSECUTOR’S SUPERVISION OVER THE LEGALITY OF THE ACTIVITIES OF THE SUBJECTS OF THE LICENSING SYSTEM
The article is devoted to some issues of the organization of supervisory work in the licensing and licensing sphere, and discusses some problems of prosecutorial law enforcement practice. The article presents different points of view on the issue of the organization of supervision in the field of public relations under consideration, similar points of view are grouped on the basis of a systematic approach. The article is intended for employees of the prosecutor’s office and other law enforcement agencies, graduate students and students.
Keywords: prosecutor’s office, prosecutor’s supervision, licensing system, license.
Bibliographic list of articles
1. Amiantova I. S. Anti-corruption: Textbook. – 1st ed. – Moscow: Yurayt Publishing House, 2022. – 149 p.
2. Kozhinsky A. V. Theoretical and organizational foundations of the activities of prosecutors in supervising the implementation of antimonopoly legislation: dissertation … candidate of legal sciences: 12.00.11 / [Place of defense: Federal State Autonomous Educational Institution of Higher Education “National Research Nizhny Novgorod State University named after. N.I. Lobachevsky “]. – Nizhny Novgorod, 2021. – 284 pp.
3. Lisichkin V. A., Simchera V. M. On the effectiveness of investment and construction projects in the oil and gas industry // Construction Economics. – 2021. – No. 2 (68). – pp. 21-27.
4. Mukomel V.I. Central Asian migrants on the Russian labor market: before the pandemic // Sociological studies. – 2022. – No. 1. – P. 63-75.
5. Ashitkova T.V., Antonova E.N., Viktorov I.S., Palamarchuk A.V. Organization of prosecutorial supervision over the implementation of legislation on insurance activities: Method. recommendations / Gene. Prosecutor’s office of Russia Federation. Research Institute of Problems of Strengthening Law and Order under the General. Prosecutor’s Office of Russia Federation. – M., 2001. – 86 p.
6. Ashitkova T.V. [etc.]. Prosecutor’s supervision over the implementation of legislation on medicines and observance of the rights of citizens to the provision of medicines: a manual. – M., 2011. – 95 p.
7. Soloshenko L. A. System of administrative and legal means of ensuring the rule of law in the implementation of licensing activities of federal executive authorities // Police and investigative activities. – 2022. – No. 1. – P. 1-8.
8. Subanova N.V., Belousova D.S. Legality in the licensing sphere: lessons from “Bulgaria” // Legality. – 2022. – No. 6(1052). – [Electronic resource]. – Access mode: https://base.garant.ru/77111823/ (date of access: 01/16/2024).
9. Subanova N.V. Problems of ensuring legality in the sphere of functioning of the licensing system // Journal of Russian Law. – 2022. – T. 26. – No. 6. – P. 60-77.
10. Subanova N.V. Prosecutor’s supervision over the implementation of legislation in the field of licensing: issues of theory and practice. – Moscow: Jurisprudence, 2011. – 202 p.
11. Khromov A. A. Improving the system of legal regulation and legal status of business entities // Symbol of science: international scientific journal. – 2022. – No. 1-1. – pp. 62-68.
LAW ENFORCEMENT
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ON THE ISSUE OF THE USE OF ARTIFICIAL INTELLIGENCE IN PROCESSING LARGE AMOUNTS OF TEXT DATA IN THE PRACTICAL ACTIVITIES OF EMPLOYEES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The study is devoted to the consideration of the possibilities of artificial intelligence methods to increase the efficiency of processing large amounts of textual information on the example of considering appeals from citizens entering the Federal Penitentiary Service. In particular, deep learning technologies using artificial neural networks are considered. The possibilities provided by the use of neural networks for automatic processing of requests received in electronic form are noted, and the features of the practical implementation of neural network methods for analyzing the texts of appeals are given. The approach considered in this paper is a promising tool that serves to reduce the labor costs of employees of the Federal Penitentiary Service of Russia when working with large amounts of text data.
Keywords: citizens’ appeals, information technologies, artificial intelligence methods, machine learning, artificial neural network, legal document designer, chatbots, Penal 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. Minbaleev A.V. Regulation of the use of artificial intelligence in Russia // Information law. – 2020. – No. 1. – pp. 36–39.
3. Palyanova N.V. The use of artificial intelligence in the field of Legal Tech: modern opportunities and prospects // Socio-economic development and quality of the legal environment: Proceedings of the VIII Moscow. legal Forum, XIX Int. scientific-practical conf. Part 2. – M.: MSYuA, 2021 – pp. 260-267.
4. Sadykova R. A. On the issue of the procedure for considering citizens’ appeals in the penal system of the Russian Federation // Scientific works of the Federal Public Institution Research Institute of the Federal Penitentiary Service of Russia: scientific and practical quarterly publication. Volume Issue 1. – Moscow, 2022. – pp. 15-19.
5. Tsarkova E. G. Prospects for the use of generative artificial intelligence in the educational process of educational organizations of the Federal Penitentiary Service of Russia // Education and Law. – 2023. – No. 9. – P. 304-306.
LAW ENFORCEMENT AGENCIES
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
MANSUROVA Zilya Rakhimlanovna
Ph.D. in medical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
GORBATSEVICH Olga Anatoljevna
lecturer of Administrative affairs of the department of internal affairs sub-faculty of the Voronezh Institute of the MIA of Russia, captain of police
KORTIKOV Alexey Valerjevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, major of police
THE USE OF INTERACTIVE TEACHING METHODS IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses various approaches to understanding interactive technologies and teaching methods. The description of active, passive and interactive teaching methods is given. The authors pay special attention to the peculiarities of using the business (role-playing) game method. The authors note that when using interactive methods in the educational process, tasks such as: the development of general skills, the acquisition of knowledge, the development of communicative competence, as well as educational tasks are solved.
Keywords: interactive methods, teaching methods, interactive technologies, university education, business game method.
Bibliographic list of articles
1. Burgat V.V. Business game as a method of active learning // STEZH. – 2014. – No. 1 (19). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/delovaya-igra-kak-metod-aktivnogo-obucheniya-2 (date of access: 01/17/2024).
2. Egshatyan M. I., Titova E. R. Interactive mteaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 01/12/2024).
3. Panina T. S., Vavilova L. N. Interactive learning // Education and science. – 2007. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie (date of access: 01/12/2024).
4. Fozilova M. A. Interactive teaching methods at universities // Economics and society. – 2022. – No. 9 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-v-vuze (date of access: 01/17/2024).
5. Shakirova S. A. Interactive learning // Interactive science. – 2023. – No. 2 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnoe-obuchenie-3 (date of access: 01/12/2024).
6. Shumskis Yu. G. Approaches to defining the concept of interactive forms of training in the system of secondary vocational education // Bulletin of YuSU. – 2017. – No. 1-1 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/podhody-k-opredeleniyu-ponyatiya-interaktivnyh-form-obucheniya-v-sisteme-srednego-professionalnogo-obrazovaniya (date of access: 01/12/2024).
LAW ENFORCEMENT AGENCIES
POPOVA Anastasiya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Personnel support and personnel management in the internal affairs bodies sub-faculty of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
MIKHAYLOV Nikolay Viktorovich
senior lecturer of Personnel support and personnel management in the internal affairs bodies sub-faculty of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
SAVUSHKIN Vladislav Vladimirovich
Ph.D. in Law, Head of the International Interdepartmental Training Center for Employees of Operational Units named after Lieutenant General of Militia A. N. Sergeev of the All-Russian Institute for Advanced Training of Employees of the MIA of Russia
THE ROLE OF FIRE TRAINING FOR THE EFFECTIVE WORK OF EMPLOYEES OF SPECIAL UNITS TO PERFORM TASKS AS PART OF COMBAT GROUPS
The article examines in detail the practical implementation of a complex of tactical and firing exercises, which is one of the most effective ways to train employees of special units to perform tasks as part of combat groups. Attention is drawn to the fact that the complex of tactical and fire exercises represents a fundamental component and reveals elements of models of professional behavior of combat units when performing tasks as part of combat groups, and also has a clear consistent structure, following which employees are able to competently organize the process of tactical and fire training.
Keywords: special units, combat missions, effective work, a set of tactical and firing exercises.
Bibliographic list of articles:
1. Training of employees of special units of the Ministry of Internal Affairs of Russia to perform tactical fire exercises in hostage situations. rec-tions. – Domodedovo Military Industrial Complex of the Ministry of Internal Affairs of Russia, 2013.
2. Methodology for training employees of special units of the Ministry of Internal Affairs of Russia in a set of special preparatory exercises using a pistol. pract. manual – Domodedovo Military Inspectorate of the Ministry of Internal Affairs of Russia, 2022.
OPERATIONAL DETECTIVE ACTIVITY
KHANNANOV Radmil Rafkatovich
Ph.D. in Law, Head of the Faculty of Training Scientific and Scientific-Pedagogical Personnel of the Academy of Management of the MIA of Russia
ORGANIZATIONS OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES: TO THE PROBLEM OF DEFINING THE CONCEPT
The article discusses the problems associated with the disclosure of the essence of the concept of “organization of operational investigative activities”. The analysis of this definition is carried out in order to improve the professional operational investigative language. In the definitions under consideration, an attempt is made to determine their main features (elements). In the future, the author comes to the conclusion that the organization of operational investigative activities is one of the most complex and diverse systems characterized by the formation of managing and managed subsystems (subject and object of the organization), the creation of organizational relationships capable of ensuring the most effective achievement of goals with minimal costs.
Keywords: operational and investigative activities, organization of operational and investigative activities, special organizational measures, organizational and managerial measures, organizational and tactical measures.
Prystateinyth bibliographic list
1. Grebelsky D.V. Theoretical foundations and organizational and legal problems of operational investigative activities of internal affairs bodies. – M.: Academy of the Ministry of Internal Affairs of the USSR, 1997. – P. 7-9.
2. Doctor A.G. Fundamentals of operational-search activities: general part: textbook. – M., 1966. – P. 15-17.
3. Lukashov V. A. Subject, content and methods of operational-search activity. – M, 1974. – P. 22.
4. Utevsky A. B. Organization and tactics of operational investigative activities of internal affairs bodies in transport and scientific and practical measures to increase its effectiveness: abstract of thesis. dis. … doc. legal Sci. – M., 1986. – P. 21.
5. Markelov M.V., Frolov V.Yu. Basic elements of the organization of operational investigative activities of internal affairs bodies // Current problems of the theory of operational investigative activities: Collection. scientific works – Omsk: Higher School of Police of the Ministry of Internal Affairs of the USSR, 1986. – P. 93-97.
6. Ivanov P. I. Operational investigative science about the private theory of organizing operational investigative activities // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (61) March. – pp. 8-16.
7. Kalinkovich L. N. Legal and organizational foundations of operational-search activities of internal affairs bodies: textbook. allowance – Minsk, 1982. – P. 39.
8. Khomkolov V.P. Organization of management of operational-search activities. M.: Academy of the Ministry of Internal Affairs of Russia, 1999. – P. 26.
9. Atmazhitov V. M. The essence and legal basis of the organization of operational investigative activities of internal affairs bodies. Lecture. – Academy of Management of the Ministry of Internal Affairs of Russia. – 2014.
10. Bogdanov A. A. Essays on organizational science. – M., 1922. – [Electronic resource]. – Access mode: http://www.uic.unn.ru/pustyn/lib/bogdanov.ru.html (access date: 10/23/2010).
11. Savinov A. G. Methodology for analysis and assessment of management activities: lecture – M.: Academy of Management of the Ministry of Internal Affairs of Russia, 1996. – P. 4 @@ Akimova T. A. Theory of organization: textbook. allowance for universities. – M.: UNITY-DANA. 2003. – P. 11.
12. Tokarev E. V. Fundamentals of organizing operational investigative activities of internal affairs bodies and ways to improve it: lecture. – M.: Academy of the Ministry of Internal Affairs of Russia, 1994. – P. 15-16.
13. Tumanov G. A. Organization of management in the sphere of public order protection. – M., 1972. – P. 166.
SAFETY AND LAW
ALEXEEV Yuriy Grigorjevich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
NASYROV Ramil Rasilevich
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia, major of police
CURRENT PROBLEMS OF COUNTERING TERRORISM
This article discusses the current problems of law enforcement agencies in the fight against terrorist crime. The relevance of the work lies in the fact that terrorism poses a threat to national and international security, as well as the security of individuals and society, and therefore effective measures are required to counter it. The author of the work at the beginning of the article describes the concept and signs of terrorism, gives examples of scientific classifications of this phenomenon. Further, the author identifies the existing problems and suggests ways to solve them.
Keywords: terrorism, ideology of violence, state security, violence, counteraction, countermeasures, international cooperation.
Bibliographic list of articles
1. On countering terrorism. [Electronic resource]: Federal Law of March 6, 2006 No. 35-FZ. Access from SPS ConsultantPlus.
2. Gainetdinova G. S. Types of modern terrorism // Bulletin of RUK. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vidy-sovremennogo-terrorizma.
SAFETY AND LAW
ARAMISOV Amir Aslanovich
Ph.D. in political sciences, lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
KUSHPOVA Dina Robertovna
Inspector of the Department for Enforcement of Administrative Legislation and Information Processing of the Center for Automated Recording of Administrative Offenses in the Field of Traffic of the State Traffic Safety Inspectorate of the MIA for the Karachay-Cherkess Republic, junior of lieutenant police, student of the Faculty of Professional Training of the training group VYu-09 North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia
CURRENT PROBLEMS OF THE SPREAD OF CYBER EXTREMISM AMONG YOUTH
The article examines current problems of the spread of cyber extremism among youngpeople. The active development of information technology, digitalization of virtually all spheres of society, in addition to positive trends, have also provoked the emergence of a number of negative phenomena, in particular the emergence of new types of crime. Thus, such crimes include information extremism (cyber extremism), information terrorism (cyber terrorism). Particular attention is paid to the spread of cyber-extremism among young people, since it is precisely young people who are not characterized by a fully formed worldview, the desire to express protests, express themselves in society and the desire for oppositional actions. In addition, it is young people who are the most active social category that actively uses information resources. The openness and accessibility of the global network allows extremists and extremist organizations to use it as a platform for posting information of an extremist nature and attracting new members to their illegal formations. These processes cannot but cause concern on the part of the state, law enforcement agencies, and society. Due to the fact that this problem is large-scale and its solution requires an integrated approach, the relevance of the problem under study is explained.
Keywords: extremism, cyber extremism, terrorism, ideology, prevention, information security, youth environment, separatism.
Bibliographic list of articles
1. Shanghai Convention on Combating Terrorism, Separatism and Extremism (Shanghai, June 15, 2001). Access from the Garant reference and legal system. [Electronic resource]. – Access mode: https://base.garant.ru/2561763/ (date of access: November 24, 2023).
2. Activities of law enforcement agencies to counter extremism and terrorism: materials of the All-Russian round table (Kazan, November 30, 2017) / Sub. ed. S. N. Mironova. – Kazan: KYI MIA of Russia, 2017. – 160 p.
3. Znamensky V. A., Danshina E. M., Tsapleva V. V. Cyber extremism and cyber terrorism among youth. Causes and prevention // Materials of All-Russia. scientific-practical conf. “No hatred and enmity: prevention of extremist and xenophobic manifestations among youth in the North Caucasus Federal District” / Ed. T. A. Shebzukhova, A. A. Vartumyan. – Pyatigorsk: Publishing House PF NCFU, 2019. – P. 169-173.
4. Innovative technologies for the prevention of extremism / Comp. D. M. Abdrakhmanov. – Ufa: BSPU Publishing House, 2018. – 170 p.
5. Kulikov E. A. Digital extremism: general, special and individual // Extremism and terrorism in cyberspace: threats to peace and security of mankind: collection. Art. based on the results of the III All-Russian. student scientific-practical In-person video conference. / Ed. V. A. Mazurova, M. A. Starodubtseva. – Barnaul: Alt Publishing House. University, 2020. – pp. 11-12.
SAFETY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia
KOZHIN Dmitriy Alexandrovich
senior lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
FAYRUSHIN Timur Alikovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
THE USE OF FIREARMS TO NEUTRALIZE UNMANNED AERIAL VEHICLES ILLEGALLY PRESENT IN THE AIRSPACE
The article analyzes certain aspects of the use of firearms by police officers in order to prevent the illegal presence of unmanned aerial vehicles in the airspace of the Russian Federation. In particular, from a theoretical and practical point of view, the issues of expediency of using firearms for designated purposes, during mass events are considered. Also, special attention is paid to the interpretation of certain provisions of Federal Law No. 3-FZ dated February 7, 2011 “On Police”.
Keywords: UAVs; UAVs; use of firearms; police; airspace of the Russian Federation; unmanned aerial vehicles.
Bibliographic list of articles
1. On the police: Federal Law of February 7, 2011 No. 3-FZ. Access from the reference legal system “ConsultantPlus”.
2. Koblenkov A. Yu. The problem of legal certainty of legislation regulating the procedure and grounds for the use of firearms by police officers, using the example of the latest amendments made to the Federal Law “On Police” (Federal Law No. 404 of December 2, 2019) // Bulletin of the Nizhny Novgorod Law Institute. – 2020. – No. 2. – P. 149-154.
3. Gusev V. A., Pivovarov D. V., Filippov O. Yu. Certain aspects of the use of firearms by the police against unmanned aerial vehicles illegally located in the airspace // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 325-329.
SAFETY AND LAW
BALABKIN Dmitriy Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
GOGOLEVA Valentina Vladimirovna
Ph.D. in pedagogical sciences, associate professor of the Higher School of Law and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
THE ROLE OF LEGAL CULTURE IN THE DEVELOPMENT OF ANTI-CORRUPTION MEASURES: HISTORICAL STAGES AND THEIR MAIN ASPECTS
The article examines the historical aspects of the formation of anti-corruption measures on the territory of Russia, as well as the special role of legal culture in combating corruption at various historical stages of the development of the state. The authors believe that legal culture had a huge impact on the creation and implementation of legal measures to combat corruption, as well as the improvement of these measures in connection with the development of legal culture. It is concluded that in the sphere of legal culture, the criteria for the effectiveness of the formation of a mechanism of legal influence at this stage of development of society should include support for anti-corruption legislative policy from public opinion, moral condemnation of corruption, consideration in a unified context of the principles of anti-corruption ethics and official behavior, implementation of the idea of anti-corruption legal education of youth.
Keywords: corruption, countermeasures, history, development, legal culture.
Bibliographic list of articles
1. Gevorkyan T.V. History of the formation and development of the legal culture of the population // News of OGAU. – 2014. – No. 3. – P. 236-239.
2. Mezhvedilov A.M., Bakulina L.T., Antonov I.O., Talan M.V., Vinogradova Yu.V., Gilfanova A.D., Ed. Minzaripov R. G. Anti-corruption. Tutorial. – Kazan: Kazan Publishing House. University, 2016. – 192 pp.
3. Pashentsev D. A., Dorskaya A. A. Development of legislation on combating corruption in Russia: trends and historical stages // Journal of Russian Law. – 2020. – No. 4. – P. 42-58.
4. Prozumentov L. M. Criminal legal counteraction to corruption in Russia: history and current state // Vestn. Volume. state un-ta. – 2016. – No. 405. – P. 178-183.
5. Suverneva V. A. On the issue of the concept of corruption // Symbol of science. – 2020. – No. 12-2. – pp. 67-70.
SAFETY AND LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
THE USE OF MODERN INFORMATION TECHNOLOGIES TO ASSESS THE EFFECTIVENESS OF THE INTEGRATED SECURITY SYSTEM OF INFORMATIZATION FACILITIES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The paper considers the issues of creating and modernizing an integrated security system for protected informatization facilities of the Penal System of the Russian Federation. In the current conditions of the growth of criminogenic threats and the expansion of the variability of the way they are implemented, such facilities require maintaining a high level of security provided by a high-quality physical protection system. At the same time, in order to obtain quantitative estimates of the facility’s security, it is necessary to develop departmental methods for calculating the effectiveness of an integrated facility security system. The paper proposes an approach to evaluating the effectiveness of a security television system using modern information technologies. Using the example of a model object using 3D technologies, the result of evaluating the effectiveness of a security television system is illustrated. The proposed approach can be applied to other subsystems that form the security system of a departmental informatization facility and provides the opportunity to create high-quality information support when making decisions on the modernization of the system of protection of protected objects.
Keywords: object of informatization, integrated security, security television system, security system, threat model, evaluation of the effectiveness of the physical protection system, penal enforcement system of the Russian Federation.
State Biblegeographical list
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. Rychago M. E., Khorosheva A. V. Analytical methods for assessing the effectiveness of equipment by the ITSON complex of guarded objects of the penal system of the Russian Federation // Bulletin of the penal system. – 2021. – No. 11 (234). – pp. 73-80.
4. Zorina N. S. Crime factors in the field of computer technology // 25 years of experience in the application of the Criminal and Penal Codes of the Russian Federation: problems and development prospects: Collection of materials from the round table within the framework of the XII Perm Congress of Legal Scientists, Perm, 29 October 2022. – Perm: Perm Institute of the Federal Penitentiary Service of Russia, 2022. – pp. 45-47.
5. Tsarkova E. G. Integral method for assessing the effectiveness of the security system of a protected facility of the penal system // Bulletin of the Federal State Institution NIIIT FSIN of Russia: scientific and practical publication. – Tver: Federal State Institution “Research Institute of Information Technologies of the Federal Penitentiary Service”, 2019. – P. 99-105.
EDAGOGY AND LAW
BODKO Sergey Petrovich
associate professor of Physical training and sports sub-faculty of the Academy of Law and Management of the FPS of Russia
VOROBYOV Dmitriy Nikolaevich
lecturer of Physical training sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
GOYNOV Ivan Vladimirovich
associate professor of Fire and physical training sub-faculty of the Perm Institute of the FPS of Russia
KASUMOVA Zulfiya Geybetovna
lecturer of Physical, fire and tactical-special training sub-faculty of the St. Petersburg University of the FPS of Russia
SADKOV Alexey Viktorovich
associate professor, Deputy Head of Physical training sub-faculty of the Vologda Institute of Law and Economics of the FPS of Russia
FEATURES OF PHYSICAL TRAINING OF CADETS OF EDUCATIONAL ORGANIZATIONS OF THE FPS OF RUSSIA FOR THE WINTER SERVICE DOUBLES COMPETITION
The article reflects the features of training cadets included in the sports improvement group for official combined events for competitions in conditions of combining the training process with the performance of official duties. In this article, the authors make an attempt to reveal the basic principles of training that contribute to the development of physical fitness of athletes. The main results of the study include recommendations for organizing the training process of combined athletes.
Keywords: service biathlon, athlete, cadet, competition, physical training, psychological characteristics, training, coach.
Bibliographic list of articles
1. Zverev A.V., Kolochikhin K.S., Sedov D.A. Features of training cadets of educational organizations of the Federal Penitentiary Service of Russia for competitions in winter service biathlon // Scientific notes of the University. P. F. Lesgaft. – 2023. – No. 10 (224). – pp. 140-143.
2. Elokhov I.V. Features of the preparation of first-year cadets for competitions in winter service combined events / I.V. Elokhov // Science Week dedicated to the 220th anniversary of the formation of the Ministry of Justice of the Russian Federation, Perm, February 08-11, 2022. – Perm: Perm Institute of the Federal Penitentiary Service, 2022. – P. 203-205.
3. Kirillova TV -October 04, 2019 / Compiled by N. A. Sannikov. – Perm: Perm Institute of the Federal Penitentiary Service, 2019. – pp. 73-80.
4. Sveshnikova V. O., Nesterov A. Yu. Analysis of the influence of microcycles on the body of athletes in the pre-competition period in winter service biathlon // Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies: collection of articles of the XXI All-Russian Scientific and Practical conference, Irkutsk, September 26–27, 2019. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 362-365.
5. Kholimon A. A. Study of the structure and content of year-round training of qualified athletes in winter service biathlon // Bulletin of sports science. – 2013. – No. 6. – P. 69-72.
EDAGOGY AND LAW
GADZHIEV Ismail Alimovich
lecturer of Physical and fire training sub-faculty of the Kuzbass Institute of the FPS of Russia, Novokuznetsk, major of the internal service
BUDAKOV Amil Namigovich
lecturer of Physical, fire and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia, senior lieutenant of the internal service
SHKAPOV Pavel Yurjevich
associate professor of Physical training sub-faculty of the Nizhny Novgorod Academy of the MIA of Russia
DEPENDENCE OF INTELLECTUAL ACTIVITY ON PSYCHOPHYSICAL LOADS
In this article the question of interrelation of human intellectual activity with psychophysical activity is considered. On the example of the ongoing research of physical activity of cadets it is possible to draw a conclusion about various methods to increase human efficiency in the performance of official duties. The characteristics of the most common physical exercises that allow a person to reduce the level of psycho-emotional tension are given.
Keywords: physical activity, mental (intellectual) activity, motor activity, mental load, physical exercise, intellectual efficiency.
Bibliographic list of articles
1. Korukovets A.P., Kutergin N.B., Shevchenko A.S. The influence of physical exercises on the mental activity of students // Collection of materials of the XI International correspondence scientific and practical conference dedicated to the 75th anniversary of the Great Victory. – 2019. – T. 1. – P. 385–392.
2. Popova A. D., Lukyanova L. M. The influence of physical activity on the human nervous system // Science-2020. – 2021. – No. 8 (53). – pp. 131–136.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
PSYCHOLOGICAL AND PEDAGOGICAL ASPECTS OF WORK WITH JUVENILE CONVICTS HELD IN EDUCATIONAL COLONIES
In this article, the author examines the main provisions that designate the socio-educational environment of the educational colony as a factor in the formation of moral values of juvenile convicts. The author considered the model of the socio-educational environment of the educational colony and also drew attention to the importance and problematic nature of this area of work of the correctional institution administration. The findings of the study indicate future directions for research on this topic.
Keywords: crime, juvenile, social and educational environment, personality, morality.
Bibliographic list of articles
1. “Criminal Executive Code of the Russian Federation” dated 01/08/1997 No. 1-FZ (as amended on 06/24/2023) (as amended and supplemented, entered into force on 12/11/2023). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_12940/
2. Litvishkov V. M. Social and educational environment of educational colonies as a factor in the formation of moral values of juvenile convicts // Psychology and pedagogy: actual problems of theory and practice. – 2019. – P. 186-190 @@ Mukhina T.K. Causes and factors of family dysfunction // Responsible editor. – 2020. – P. 43.
3. Vilkova A.V., Bykov A.V. Formation of spiritual and moral values of juvenile convicts in the educational space of an educational colony // Global scientific potential. – 2018. – No. 10. – pp. 12-13.
4. Nosilova L. M. Aspects of the formation of spiritual and moral values among juvenile convicts in educational activities // Technology and safety of objects of the penal system: collection of materials of the International Scientific and Practical Conference, Voronezh, October 03–04, 2013. – Voronezh: Publishing and Printing Center “Scientific Book”, 2013. – P. 569-570.
5. Vilkova A.V., Timofeeva E.A. Factors and conditions that complicate the formation of spiritual and moral values of female juvenile prisoners: (analytical review). – Moscow-Samara: Samara Law Institute of the Federal Penitentiary Service, 2018. – 24 p.
EDAGOGY AND LAW
KUSTOVA Nadezhda Konstantinovna
Ph.D. in Law, senior lecturer of Tactical-special and firearms training sub-faculty of the Kazan Law Institute of the MIA of Russia
TARASENKO Denis Vladimirovich
lecturer of Special disciplines sub-faculty of the Krasnodar University of the MIA of Russia
TO THE QUESTION OF THE IMPLEMENTATION OF THE COMPETENCY-BASED APPROACH TO TRAINING STUDENTS IN PROFESSIONAL TRAINING PROGRAMS
This article discusses the professional competence that a student should develop as a result of mastering a professional training program for the position of an employee “Policeman”, according to which a graduate of the Faculty of Professional Training must guard law and order, protect the rights and freedoms of man and citizen from malicious attacks. Authors come to the conclusion that the final result of professional training must be considered the formation of the basis of such personal qualities of a future professional as initiative, innovation, mobility, dynamism, flexibility, constructiveness – all, of course, in a combination of social and professional components, reflecting the specifics of the profession “Policeman”.
Keywords: police, professional training, professional competence, interdepartmental interaction, profession “Policeman”.
Bibliographic list of articles
1. Dushkin A. S. On individual issues of implementing the competency-based approach in the training of police officers in the system of the Ministry of Internal Affairs of Russia / Collections of conferences of the Scientific Research Center Sociosphere. – Vol. 9. – 2013. – P. 236.
EDAGOGY AND LAW
LIPANIN Evgeniy Alexandrovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
GUSHCHIN Dmitriy Nikolaevich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
CHETVERIKOVA Alexandra Ivanovna
senior lecturer of Administrative activities of the police of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
TROFIMOV Vladimir Anatoljevich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia, captain of police
INTERACTIVE METHODS OF FORMING THE COMMUNICATIVE COMPETENCE OF FUTURE POLICE OFFICERS
This article discusses the methods of formation of communication skills among cadets and trainees of the Ministry of Internal Affairs of Russia. The authors note that one of the main widely used for the development of effective communication skills is a group of debateable teaching methods. The discussion not only allows you to acquire new knowledge, but also motivates you to search activity, replenishes your vocabulary, filling it with professional terminology. The authors emphasize the importance of developing communication skills in a conflict situation, while for these purposes it is proposed to use business and role-playing games in the learning process. The authors propose various variations of conflict situations that can be played out in practical classes. In conclusion, the authors note the importance of the formation and development of communication skills among future police officers, and also come to the conclusion that the success of the future specialist’s professional activity depends on communicative competence.
Keywords: communication, communicative competence, learning methods, interactive teaching methods, police officer, skills development, communication.
Bibliographic list of articles
1. Karachaev A. R., Shogenov Z. A. Communicative competence of a police officer in identifying and investigating crimes // Journal of Applied Research. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnaya-kompetentnost-sotrudnika-politsii-pri-vyyavlenii-i-rassledovanii-prestupleniy (date of access: 01/10/2024).
2. Kardanov A. R., Khalmetov T. A. The importance of communicative and negotiation competence of a police officer in the investigation of crimes // Problems of modern pedagogical education. – 2022. – No. 74-3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachenie-kommunikativno-peregovornoy-kompetentnosti-sotrudnika-politsii-pri-rassledovanii-prestupleniy (date of access: 01/10/2024).
3. Koblov F. Ch. On the issue of developing the professionalism of employees of internal affairs bodies // Eurasian Legal Journal. – 2018. – No. 10 (125). – pp. 363-364.
4. Kovtun N. A. Communicative competence in the system of law enforcement as a sociocultural factor // Activities of law enforcement agencies in modern conditions: collection of materials of the XXIII International Scientific and Practical Conference. In 2 volumes. – 2018. – pp. 288-292.
5. Sergienko A. S. On the issue of developing conflict competence of employees of internal affairs bodies // Current problems in the fight against crime: issues of theory and practice: materials of the XXIII Internationalnative scientific and practical conference. In 2 parts / Executive editor D. V. Kim. – 2020. – pp. 43-46.
6. Chovdyrova G. S., Klimenko T. S. Methods of group development of communicative competence among cadets – future police officers // Psychopedagogy in law enforcement agencies. – 2015. – No. 1 (60). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metody-gruppovogo-razvitiya-kommunikativnoy-kompetentnosti-u-kursantov-buduschih-sotrudnikov-politsii (date of access: 01/10/2024).
EDAGOGY AND LAW
SUDAKOVA Olga Vasiljevna
Ph.D. in Law, associate professor, associate professor of Personnel management sub-faculty of the Samara State Transport University
LEGAL NATURE OF THE PROCESS OF EDUCATION AND UPBRINGING
The article attempts to establish the place of educational activities in state regulation. The relationship between the concepts of education and upbringing and their interdependence is established. The variety of approaches to defining the essence of education is shown. The legal aspect of the educational and educational policy of the Russian state is studied.
Keywords: education, upbringing, state regulation of education and upbringing, legal nature of the educational process, educational service, social good.
Bibliographic list of articles
1. Zhevlakovich S.S. Education is a service? // Psychology and pedagogy of service activities. – 2022. – No. 1.
2. Moiseeva E. D., Sudakova O. V. Legal nature of the educational process // Science and culture of Russia. – 2023. – T. 1. – P. 218-220. – EDN GCFRNO.
3. Vorontsova N. L. Education as a service // Current problems of Russian law. – 2020. – T. 15. No. 4. – P. 56-62. — DOI: 10.17803/1994-1471.2020.113.4.056-062/
4. Potapenko V. S. Educational activities and educational services: correlation of concepts // Journal of Russian Law. – 2009. – No. 3. – P. 139-150.
5. Akulich M. M. Continuous education in the context of the labor market and the market of educational services // Education throughout life: continuous education in the interests of sustainable development. – 2014. – No. 2.
6. Mayburov I. A. Correlation of the concept of “education” and “educational services” // Law and Education. – 2003. – No. 5. – P. 34.
7. Federal Law No. 273-FZ dated December 29, 2012 (as amended on December 25, 2023) “On Education in the Russian Federation” (as amended and supplemented, entered into force on January 1, 2024).
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
SOCIAL FACTORS INFLUENCING THE FORMATION OF CRIMINAL BEHAVIOR OF A MINOR
This article examines the problem of criminal behavior of minors in Russia. The study concerns several important social institutions that relate to family, education, and peer relationships. Attempts have been made to identify the causes of juvenile delinquency, as well as to propose measures to reduce its level. In general, the content of the article draws attention to the main problems that the Institute of family and education in Russia has.
Keywords: minor, crime, family, school, education, law.
Bibliographic list of articles
1. Batyscheva I.V. Main criminogenic factors influencing the activity of crime among minors // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – pp. 88-93.
2. Bondarenko I. O., Rusinova E. V. Main social causes of juvenile crimes // Alley of Science. – 2020. – T. 2. – No. 12. – P. 80-84.
3. Chubarova A. V. The influence of the social environment on the formation of juvenile delinquency // Bulletin of Science and Practice. – 2021. – T. 7. – No. 3. – P. 287-292.
4. Tsarkova E. G. On the issue of using modern information technologies in the work on preventing crime among minors // Problems of preventing crime among minors and youth: materials of the All-Russian Scientific and Practical Conference, St. Petersburg, May 26, 2023. – St. Petersburg: Printing Shop, 2023. – P. 79-81.
5. Kizimirov D. A. Analysis of the causes of juvenile delinquency in the Russian Federation // International Journal of Humanities and Natural Sciences. – 2020. – No. 7-2. – pp. 158-160.
6. Zorina N. S. About some causes of bullying among teenagers // Current problems of administrative and administrative procedural law (Sorokin Readings): a collection of articles based on materials from international scientific-practical conference dedicated to the memory of Doctor of Law, Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation Yuri Efremovich Avrutin in connection with the 75th anniversary of his birth, St. Petersburg, March 25, 2022 / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 885-887.
EDAGOGY AND LAW
SUKHORUKOV Vladimir Anatoljevich
Ph.D. in pedagogical sciences, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
PETRENKO Dmitriy Andreevich
Ph.D. in pedagogical sciences, associate professor, associate professor of Physical training and sports sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
LOGINOV Sergey Nikolaevich
senior lecturer of Physical and fire training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
EDUCATIONAL MOBILITY AS A SOCIAL ELEVATOR IN MODERN SOCIETY IN THE CONTEXT OF GLOBALIZATION
Educational mobility has attracted a lot of attention from researchers because of its growing popularity and importance. The article considers not only the importance of educational migration for personal growth, but also in the interests of the state and society. Educational capital is analyzed as a tool to increase influence and maximize benefits. The article attempts to provide a comparative overview of the accessibility and attractiveness of higher education in various countries. The connection and interdependence of interregional and international migration with educational mobility is taken into account. The problem of measuring the level and quality of such communication and interdependence is raised.
Keywords: educational mobility, social mobility, level of education, social connections, career paths, internal migration, investments in education.
Bibliographic list of articles
1. Ministry of Education, PRC. Statistics on Chinese students studying overseas 2019. [Electronic resource]. – Access mode: http://en.moe.gov.cn/news/press_releases/202012/t20201224_507474.html.
2. Gokhberg L. M., Kuzmicheva L. B., Ozerova O. K. et al. Education in numbers: 2022: a brief statistical collection / Nat. research University “Higher School of Economics”. – M.: National Research University Higher School of Economics, 2022. – 132 p.
3. Federal State Statistics Service (Rosstat). Number and migration of the population of the Russian Federation. [Electronic resource]. – Access mode: https://rosstat.gov.ru/compendium/document/13283.
4. Voitov A.V. Studying at a university as the beginning of a career path in the political space of modern Russia // In the collection: Problems of modern agricultural education: content, technology, quality. Materials of the international scientific and methodological conference. – 2018. – pp. 151-156.
5. Alexander K., Bozick R., Entwisle D. Warming up, cooling out, or holding steady? Persistence and change in educational expectations after high school // Sociology of Education. – 2008. – No. 81 (4). – R. 371-396.
6. Haller A. O. Reflections on the social psychology of status attainment. In: Hauser R. M., Mechanic D., Haller A. O. (eds) Social Structure and Behavior: Essays in Honor of William Hamilton Sewell. – London: Elsevier, 1982. – R. 3-28.
7. Morgan S. L., Leenman T. S., Todd J. L., et al. Occupational plans, beliefs about educational requirements, and patterns of college entry // Sociology of Education. – 2013. – No. 86 (3). – R. 197-217.
8. Zimmermann T. Social influence or rational choice? Two models and their contribution to explaining class differentials in student educational aspirations // European Sociological Review. – 2020. – No. 36 (1). – R. 65-81.
9. Voitov A.V. Mikhailov S.N. Personal and group values in the consumer society: a sociological view // Economic and humanitarian studies of regions. – 2022. – No. 5. – P. 76-80.
Psychology and Law
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
ZHUKOVA Anastasiya Igorevna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, captain of police
SHARAFUTDINOV Ilshat Sabitovich
lecturer of the Cycle of Cynology of the Ufa Schoolfor the Training of Dog Handlers of the MIA of Russia, major of police
PROBLEMS OF PROFESSIONAL AND PSYCHOLOGICAL TRAINING OF POLICE OFFICERS TO WORK IN SPECIAL CONDITIONS
This article analyzes the term “special conditions”, at the same time, the authors consider factors characteristic of service in extreme conditions, such as: novelty, suddenness, lack of time, high and long loads, uncertainty and risk. Taking into account the presented factors allows us to formulate the main directions of work on providing psychological support to persons serving in special conditions, to determine the goals, objectives and forms of training police officers to perform tasks in special conditions.
Keywords: police officers, skills development, special conditions, readiness development, readiness components.
Bibliographic list of articles:
1. Vankov A.V. Issues of organizing police activities in special conditions // Agrarian and land law. – 2023. – No. 5 (221). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-organizatsii-deyatelnosti-politsii-v-osobyh-usloviyah (access date: 01/18/2024).
2. Knyazhev V.B., Maidykov A.F., Egorov K.A. On some features of training employees of internal affairs bodies to perform operational and official tasks as part of the VOGOiP of the Ministry of Internal Affairs of Russia // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (49). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-osobennostyah-podgotovki-sotrudnikov-organov-vnutrennih-del-k-vypolneniyu-operativno-sluzhebnyh-zadach-v-sostave-vogoip-mvd ( date of access: 01/18/2024).
3. Marzhokhov A. R. Psychological training of law enforcement officers for actions in extreme conditions // Advances in modern natural science. – 2004. – No. 7. – P. 112-113. [Electronic resource]. – Access mode: https://natural-sciences.ru/ru/article/view?id=12993 (date of access: 01/10/2024).
4. Tarchokov B. A. Current issues of training police officers for activities in special conditions // Education and Law. – 2022. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-podgotovki-sotrudnikov-ovd-k-deyatelnosti-v-osobyh-usloviyah (date of access: 01/10/2024).
5. Fomin V.V. The influence of extreme situations on the psyche and actions of law enforcement officers // Criminal executive law. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vliyanie-ekstremalnyh-situatsiy-na-psihiku-i-deystviya-sotrudnikov-pravoohranitelnyh-organov (date of access: 01/18/2024).
Psychology and Law
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
MANSUROVA Zilya Rakhimlanovna
Ph.D. in medical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
KARAVAEV Alexander Alexandrovich
Ph.D. in Law, associate professor of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
TROFIMOV Vladimir Anatoljevich
lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia, captain of police
THE ROLE OF PSYCHOLOGICAL TRAINING IN THE EFFECTIVE PERFORMANCE OF OFFICIAL TASKS BY POLICE OFFICERS
This article examines the importance of psychological training of police officers, in particular, in the context of stressful situations and difficult decision-making. The authors highlight the importance of psychological stability of police officers necessary for the successful performance of official duties, as well as highlight the main areas of psychological training of police officers, such as: the development of communication skills, self-regulation; the development of professionally significant personal qualities such as attentiveness, observation, critical thinking, etc.; formation of knowledge about the construction of a psychological portrait of a personality, the basics of profiling; formation of knowledge about techniques and ways to establish effective psychological contact.
Keywords: psychological training, police officer, development of qualities, stress, work of a psychologist.
Bibliographic list of articles
1. Balashova V. A., Kravtsov O. G., Pozin A. I. Emotional burnout as a condition for changing the individual psychological characteristics of police officers // Psychology and pedagogy of serviceoh activity. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/emotsionalnoe-vygoranie-kak-uslovie-izmeneniya-individualno-psihologicheskih-osobennostey-sotrudnikov-politsii (date of access: 01/25/2024).
2. Didenko E. Ya., Temur G. M. Special psychological training as a condition for optimizing the influence of stress on the effectiveness of performing official tasks by a law enforcement officer // Bulletin of OSU. – 2019. – No. 2 (220). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsialnaya-psihologicheskaya-podgotovka-kak-uslovie-optimizatsii-vliyaniya-stressa-na-effektivnost-vypolneniya-sluzhebnyh-zadach (access date: 01/22/2024).
3. Zhukov V. G. Legal nihilism and legal idealism as the most relevant and expressing increased social danger forms of deformation of the legal consciousness of employees of internal affairs bodies // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (39). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovoy-nigilizm-i-pravovoy-idealizm-kak-naibolee-aktualnye-i-vyrazhayuschie-povyshennuyu-obschestvennuyu-opasnost-formy-deformatsii (date of access: 25.01 .2024).
4. Kopylova G.K. Psychological training of criminal investigation officers in universities of the Ministry of Internal Affairs of Russia // Baltic legal forum “Law and order in the third millennium”. – 2014. – pp. 142-144.
5. Korneeva Ya. A., Simonova N. N. Professional personal deformation of employees of internal affairs bodies // Organizational psychology. – 2020. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnaya-lichnostnaya-deformatsiya-sotrudnikov-organov-vnutrennih-del (date of access: 01/22/2024).
6. Korsun K. I., Zadorina M. A. Prevention of professional deformation of employees of internal affairs bodies: psychological, pedagogical and organizational and legal aspects // Police activity. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/profilaktika-professionalnoy-deformatsii-sotrudnikov-organov-vnutrennih-del-psihologo-pedagogicheskiy-i-organizatsionno-pravovoy (date of access: 01/22/2024).
7. Mashekuasheva M. Kh., Kochesokova Z. Kh. Current issues of psychological training of employees of internal affairs bodies // Gaps in Russian legislation. – 2018. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-psihologicheskoy-podgotovki-sotrudnikov-organov-vnutrennih-del (date of access: 01/22/2024).
POLICY AND LAW
ALIEV Khibi Kurbanovich
Ph.D. in Law, associate professor of Criminal process sub-faculty of the North Caucasus Institute (branch) of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia).
V. V. PUTIN IS THE GUARANTOR OF THE STABLE AND PROGRESSIVE DEVELOPMENT OF MODERN RUSSIAN STATEHOOD
The article shows the role of Russian President V.V. Putin as a guarantor of stability and progressive development of Russian society and the state at the present stage. An excursion is made into the historical past of our country, when individual leaders played a key role in the development of the Russian state. The author of the article substantiates the correctness and necessity of the political course pursued by the national leader of the Russian Federation in the conditions of modern foreign political realities and the current economic conditions.
Keywords: V. V. Putin, Russia, geopolitics, statehood, stability, world order.
POLICY AND LAW
GAVRILOV Denis Evgenjevich
student of the Far Eastern Federal University, Vladivostok
MAZALYUK Mariya Vladimirovna
student of the Far Eastern Federal University, Vladivostok
DYMA Ivan Sergeevich
student of the Far Eastern Federal University, Vladivostok
VINOKUROVA Sofya Vyacheslavovna
student of the Far Eastern Federal University, Vladivostok
COLOR REVOLUTIONS: SCENARIOS AND CONSEQUENCES
This article presents a comprehensive analysis of color revolutions as a phenomenon of contemporary political life. It examines them
key characteristics, including the prerequisites for their occurrence, mechanisms of mobilization, features of information dissemination, and the impact of the international context. special attention is given to the role of incidents capable of activating mass movements and the participation of youth groups as the main driver of protests. The study of economic and social conditions that contribute to preparing the ground for revolutionary shifts is supported by the analysis of specific historical examples, allowing an understanding of the mechanisms of formation and development of color revolutions in different countries.
Keywords: color revolutions, political instability, youth movements, information technology, mass protests, democratization, social
conflict, international relations.
Bibliographic list of articles
1. Vinogradova E. A. Information wars in Latin America // Trends and management. – 2014. – No. 4. – P. 372-384.
2. Kurilkin A.V. Evolutionary development of psychological struggle: from propaganda to psychological operations // International relations. – 2014. – No. 3. – P. 472-474.
3. Petrenko A.I. Theoretical foundations of organizing counteraction to the use of an arsenal of forces, means and methods of information-psychological warfare for political purposes // Trends and management. – 2014. – No. 2. – P. 154-167.
4. Karpovich O. G. Color revolutions as a tool for systemic destabilization of political regimes: threats and challenges for Russia // National Security / nota bene. – 2015. – No. 1. – pp. 73-87.
5. McFaul M. Ukraine Imports Democracy: External Influences on the Orange Revolution // International Security. – 2007. – Vol. 32. No. 2. – R. 45-83.
POLICY AND LAW
PIVOVAROVA Irina Valerjevna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the State Agrarian University of the Northern Trans-Urals
ALL-RUSSIAN IDENTITY AS SOCIO-CULTURAL LAW RURAL RESIDENTS
The article raises an urgent problem of modern reality – the problem of forming the all-Russian identity of the rural population and identifying problems in its formation. For this purpose, an online survey was conducted, which revealed that among rural youth, the all-Russian civic identity is not sufficiently formed, lower than among urban youth living in most Russian regions. At the same time, it was recorded that among young people the role of traditional values, primarily family and close friends, remains.
Keywords: identification, civic identity, rural community, interethnic relations, interfaith relations
Bibliographic list of articles
1. Decree of the President of the Russian Federation “On the Strategy of the State National Policy of the Russian Federation for the period until 2025.” [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902387360 (date of access: 01/28/2024)
2. Khairullina N. G. All-Russian civil identity: results of a survey of Tyumen youth / In the book: Intercultural and interreligious dialogue in Russian regions. – Tyumen, 2022. – pp. 174-186.
3. Khairullina N. G. All-Russian civil identity: results of a survey of Tyumen youth / In the collection: Problems of forming a single space for economic and social development of the CIS countries (CIS-2021). Materials of the annual International scientific and practical conference. In 2 volumes. Rep. editors O. M. Barbakov, Yu. A. Zobnin. – Tyumen, 2022. – P. 409-414.
STATE AND LAW
BUTAKOVA Nadezhda Alexandrovna
Ph.D. in Law, Head of State and international law sub-faculty of the St. Petersburg State Maritime Technical University
EVGRAFOVA Irina Vladimirovna
Ph.D. in pedagogical sciences, Dean of the Faculty of Natural Sciences and Humanities Education of the St. Petersburg State Maritime Technical University
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, associate professor of State and international law sub-faculty of the St. Petersburg Maritime Technical University
FORMATION AND DEVELOPMENT OF THE CONCEPTUAL AND LEGAL FOUNDATIONS OF THE STATE POLICY OF THE RUSSIAN FEDERATION IN THE ARCTIC REGION
Today, the Arctic is becoming the most important strategic region of the planet, the resource potential of which in the coming years may make this territory a zone of potential collision of geopolitical and geo-economic interests of Arctic and non-Arctic countries. The Russian strategy for the development of the Arctic region presupposes the formation of a stable security system while maintaining a dialogue between international actors interested in maintaining a balance of interests in the region.
Keywords: Arctic region, security system, Arctic Council, Arctic countries, subarctic countries
Bibliographic list of articles
1. Butakova N. A., Dovbush T. N., Evgrafova I. V. International legal and economic aspects of the development of the Arctic. Power. 2023. T. 31. No. 3. P. 224-232.
2. Bhagwat D.V., Khalturinskaya V.A. The evolution of Russian state policy developmenttiya NSR (2018-2022): the influence of geopolitical and geo-economic factors // Arctic and North. 2023. No. 51. pp. 116-155. DOI: 10.37482/issn2221-2698.2023.51.116
3. Grinyaev S.N., Zhuravel V.P. Issues of integrated security in the Fundamentals of Russian state policy in the Arctic zone until 2035: previous experience and prospects for implementation // Arctic and North. 2020. No. 39. pp. 52-74. DOI: 10.37482/issn2221-2698.2020.39.52
4. Zhuravlev P. S. Strategy for the development of the Arctic: choosing priorities. Arctic strategy of Russia: assessments, questions, problems / Zhuravlev P. S. Bulletin of the Northern (Arctic) Federal University. Series: Humanities and Social Sciences. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/arkticheskaya-strategiya-rossii-otsenki-voprosy-iproblemy-realizatsii (date of access: 10/25/2023)
5. Zaikov K. S., Kondratov N. A., Lipina S. A., Bocharova L. K. Organizational mechanisms for implementing Russia’s policy in the Arctic in the 21st century. // Arctic and North. 2020. No. 39. pp. 75-109. DOI: 10.37482/issn2221-2698.2020.39.75
6. Zaikov K. S., Kondratov N. A., Kudryashova E. V., Lipina S. A., Chistobaev A. I. Scenarios for the development of the Arctic region (2020-2035) // Arctic and North. 2019. No. 35. P. 5-24. D0I: 10.17238/issn2221-2698.2019.35.5
7. Zalyvsky N.P. Geopolitics of Russia’s national interests in the Arctic in conditions of economic recession in the Arctic countries // Bulletin of the Northern (Arctic) Federal University. Series: humanities and social sciences (VAK). 2013. pp. 88-96. [Electronic resource]. – Access mode: cyberleninka.ru (date of access: 10/29/2023)
8. Kramnik I. The new expansion of NATO makes the Arctic a more dangerous region // Nezavisimaya Gazeta. 06.11.2023. [Electronic resource]. – Access mode: Nezavisimaya Gazeta (ng.ru)
9. Krutikov A.V., Smirnova O.O., Bocharova L.K. Strategy for the development of the Russian Arctic. Results and prospects // Arctic and North. 2020. No. 40. pp. 254-269. DOI: 10.37482/issn2221-2698.2020.40.254
10. Poval L. M. Russian-Norwegian agreements on the division of Arctic spaces // Arctic and North. 2012. No. 6. [Electronic resource]. – Access mode: http://narfu.ru/university/library/books/2698.pdf (access date: 10/28/23)
11. Shtyrov V.N. The draft law on the development of the Arctic zone of the Russian Federation needs to be finalized. [Electronic resource]. – Access mode: council.gov.ru (date of access: 10.29.2023)
STATE AND LAW
KULIKOVA Yuliya Albertovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the Faculty of Law of the Moscow State University of Psychology and Social Sciences
ON THE ISSUE OF CHANGING THE TERMS OF PRESIDENTIAL TENURE IN THE REPUBLIC OF TAJIKISTAN
The article considers the issue of changing the terms of the presidential office on the example of the Republic of Tajikistan, from 1990 to the present day, the impact of this process on the political structure of the state and the development of democratic principles. Having analyzed the constitutional provisions, the grounds for early termination of the powers of the current president are listed, the absence of one of them is noted, leading to instability and unpredictability of such an institution of power as the institution of the presidency.
Keywords: institute of the Presidency, term of office, Republic of Tajikistan, Constitution, grounds for early termination of powers, system of public authorities, election, constitutional amendments.
Bibliographic list of articles
1. Yusufzoda A. Kh. Fundamentals of constitutional law of the Republic of Tajikistan: textbook. – Dushanbe: “ER-graf”, 2017. – 60 p.
2. Ivanov I.P., Petrenko S.Yu. The role of the institution of the presidency and political parties in the countries of Central Asia // Science without borders. – 2018. – No. 8 (25). – pp. 33-38.
1. Yusufzoda A. H. Fundamentals of constitutional law of the Republic of Tajikistan: textbook. – Dushanbe: “ER-graf”, 2017. – 60 p.
2. Ivanov I. P., Petrenko S. Yu. The role of the Institute of the presidency and political parties in the countries of Central Asia // Science without Borders. – 2018. – No. 8 (25). – R. 33-38.
STATE AND LAW
SHESTAKOV Zakhar Dmitrievich
student of the Far Eastern Federal University, Vladivostok
YASKOV Konstantin Semyonovich
student of the Far Eastern Federal University, Vladivostok
LITVINCHUK Polina Anatoljevna
student of the Far Eastern Federal University, Vladivostok
GLUSHICH Anastasiya Alexeevna
student of the Far Eastern Federal University, Vladivostok
TRANSFORMATION OF SOCIAL POLICY: CHALLENGES OF THE 21ST CENTURY AND NEW DIRECTIONS OF DEVELOPMENT
This article explores thedevelopment of the welfare state in Europe at the beginning of the 21st century. The author examines the
challenges faced by European Union member states considering demographic changes, globalization, migration flows, and economic crises. special attention is given to the need for social policy transformations in response to the growing needs of the population and changes in the labor market. The paper presents statistical data supporting current trends and proposes suggestions for adapting social systems to new realities.
Keywords: welfare state, demographic changes, globalization, migration processes, social policy, economic crisis, labor market,
social reforms.
Bibliographic list of articles
1. Taylor-Gooby P. The Politics of Welfare in Europe. – London: Sage Publications, 2001.
2. Bose R. Welfare States in Perspective. In: Welfare States and the Future, edited by B. Vivekanandan, N. Kurian. – New York: Palgrave Macmillan, 2005.
3. Aristov E.V. Social state in the USA. – M., 2015.
4. Aristov E.V. Legal paradigm of the sociality of the state. – M., 2016.
5. Segura-Ubiergo A. Political Economy of the Welfare State in Latin America: Globalization, Democracy and Development. – Cambridge: Cambridge University Press, 2007.
6. Ferragina E., Seeleib-Kaiser M. Welfare Regime Debate: Past, Present, Futures? // Policy & Politics. – 2011. – Vol. 39. No. 4. – R. 583-611.
ECONOMY. RIGHT. SOCIETY
AFANASJEVA Elena Evgenjevna
Ph.D. in economical sciences, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
KHACHATRYAN Olesya Alexandrovna
Ph.D. in economical sciences, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
FINANCING OF ASSISTANCE PROGRAMS EMPLOYMENT: NEW APPROACHES
The promotion of employment of the population is the prerogative and basis of the social policy of the state, since employment ensures the well-being of a citizen, his standard of living and professional self-realization, and, consequently, forms the basis for the economic and social stability of society. As a rule, measures to maintain a high level of employment are carried out within the framework of permanent government programs, the effectiveness of which depends on adequate financial support for the envisaged set of measures in this area.
Keywords: state program, program financing, labor market, employment, federal budget.
Bibliographic list of articles
1. Barabashina D. O. State employment policy in the Russian Federation // Electronic scientific journal. – 2016. – No. 7. – P. 283-286.
2. Belov E. A. Informal employment of the population in the social and philosophical dimension // Intellect. Innovation. Investments. – 2020. – No. 6. – P. 111-119.
3. State program of the Russian Federation “Promoting employment of the population.” Electronic resource. – Access mode: https://base.garant.ru/402851274/ (date of access: 01/10/2024).
4. Efimov O. N., Rogova L. G. State employment policy and features of its implementation in Russia // Labor Economics. – 2016. – T. 3. No. 3. – P. 247-260.
5. Loktyukhina N.V., Feoktistova O.A. Improving organizational and financial models for promoting employment in Russia // Financial Journal. – 2022. – T. 14. No. 4. – P.29-45.
6. Mukhina I. I., Sidyashkina E. N. Employment and unemployment: crisis and new opportunities // Social and labor studies. – 2020. – No. 3. – P. 56-67.
7. Report on the progress of implementation and assessment of the effectiveness of the state program of the Russian Federation “Promoting employment of the population” for 2018-2022. Electronic resource. – Access mode: https://mintrud.gov.ru/ministry/programms/3/1 (date of access: 01/10/2024).
8. Pavlovskaya O. Yu. Legal support of personnel records management: training manual. – M.: Yurayt, 2019. – 213 p.
9. Decree of the Government of the Russian Federation of March 29, 2021 No. 481 “On amendments to the state program of the Russian Federation “Promoting employment of the population.” Electronic resource. – Access mode: https://www.garant.ru/products/ipo/prime/doc/400444024/ (date of access: 01/10/2024).
10. Decree of the Government of the Russian Federation dated April 15, 2014 No. 298 “On approval of the state program of the Russian Federation “Promoting employment of the population” (as amended on September 22, 2023). Electronic resource. – Access mode: https://base.garant.ru/70643476/ (date of access: 01/10/2024).
11. Decree of the Government of the Russian Federation of March 28, 2019 No. 348 “On amendments to the state program of the Russian Federation “Promotion of employment of the population””. Electronic resource. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_321978/ (date of access: 01/10/2024).
12. Government DecreeTV of the Russian Federation dated December 22, 2020 No. 2209 “On introducing amendments to the state program of the Russian Federation “Promoting Employment of the Population” and invalidating certain provisions of the Decree of the Government of the Russian Federation dated November 30, 2019 No. 1558.” Electronic resource. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_372144/ (date of access: 01/10/2024).
ECONOMY. RIGHT. SOCIETY
VASILJEVA Yuliya Pavlovna
Ph.D. in economical sciences, associate professor of Economic and strategy development sub-faculty of the Ufa State Petroleum Technical University
KOLESNIKOV Maxim Vyacheslavovich
student of the 2nd course of the Ufa State Petroleum Technical University
THE CURRENT STATE OF INNOVATIVE DEVELOPMENT IN RUSSIA
The article examines the dynamics of the main indicators of innovative development, describes the measures of state support for innovative enterprises, as well as the peculiarities of the functioning of the innovation and technology market in Russia. The main part of the work includes the study of the goals set by the government of the Russian Federation and the tools, the implementation of which is already underway. Moreover, the characterization of state support measures identifies the degree of impact on both the innovation industry as a whole and individual aspects of the technology market.
Keywords: innovation, innovative development, state support.
Bibliographic list of articles
1. Issue of the series “Science, Technology and Innovation”: Global Innovation Index – 2023. – [Electronic resource]. – Access mode: https://www.wipo.int/edocs/pubdocs/en/wipo-pub-2000-2023/ru.pdf (access date: 11/14/2023).
2. Vasilyeva Yu. P. Competitiveness and economic growth in the context of globalization // Dissertation for the degree of candidate of economic sciences. – Ufa, 2007. – 135 p.
3. Ministry of Economic Development of the Russian Federation. – [Electronic resource]. – Access mode: https://www.economy.gov.ru / (access date: 09.09.2023).
4. Website of the Federal State Statistics Service – [Electronic resource]. – Access mode: https://rosstat.gov.ru/
5. Decree of the President of the Russian Federation “On declaring a decade of science and technology in the Russian Federation” dated April 25, 2022 No. 231.
6. Federal Law “On Amendments to the Federal Law “On Science and State Scientific and Technical Policy” dated June 28, 2022 No. 195-FZ.
ECONOMY. RIGHT. SOCIETY
VOLOV Murat Anatoljevich
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the Kh. Berbekov Kabardino-Balkarian State University
DIKINOV Andzor Khasanbievich
Ph.D. in economical sciences, professor, leading researcher of Scientific research and innovation sub-faculty of the Kh. Berbekov Kabardino-Balkarian State University
NEPEEVA Khalimat Yusupovna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the Kh. Berbekov Kabardino-Balkarian State University
SHKAKHOVA Fazilya Abdulakhovna
lecturer of the Kh. Berbekov Kabardino-Balkarian State University
ELECTRONIC PAYMENT SYSTEMS AS A FACTOR IN THE DEVELOPMENT OF THE DIGITAL ECONOMY IN THE RUSSIAN FEDERATION
The development of the digital economy in the Russian Federation has its own characteristics and difficulties. The efficiency of the digital economy is determined by a number of factors, both internal and external. This study examines the impact of electronic payment systems on the development of the digital economy. Electronic payment systems in Russia have been operating relatively recently compared to European countries. Electronic payment systems are in high demand as they allow many operations to be performed in a convenient format for users. Thus, making online payments is an increasingly preferred procedure for citizens. Many people use electronic payment systems to pay for utilities and goods when making purchases online. However, the functioning of electronic payment systems has its own difficulties, which are primarily related to ensuring information security. The functioning of the digital economy as a whole is impossible without the use of electronic money. However, the most important condition for operation is to ensure a high level of information protection, namely users’ personal data. It is important to intensify work on the development of domestic payment systems and systems to ensure their security. The high level of development of electronic payment systems contributes to the development of the digital economy in Russia as a whole. It should also be noted that the development of the digital economy and, in particular, electronic payment systems determine the success of Russia’s participation in global economic processes.
Keywords: electronic money, digital economy, electronic payment systems, information security, information security, electronic wallet, terminals, payments.
Bibliographic list of articles
1. Bondarovich E. P. Ensuring the reliability of the payment ecosystem of the Russian Federation. dissertation … candidate of economic sciences: 08.00.10. – Moscow, 2020. – P. 11
2. Gurkova D. O. Current state and prospects for the development of electronic payment systems in Russia // Young scientist. — 2020. — No. 28 (318). — pp. 241-246.
3. Nekhaychuk D.V., Nekhaychuk Yu.S., Budnik S.A. On the issue of introducing electronic means of payments and electronic money as modern innovative banking technologies // Bulletin of the Altai Academy of Economics and Law. – 2019. – No. 3-2. – pp. 122-128;
4. Khomenko E. G. Electronic payment systems in Russia and foreign countries // Current problems of Russian law. Comparative Law. – 2019. – No. 8 (105). – P. 160.
5. Chekanov V. S., Egorova M. Yu. Electronic payment systems in modern Russia // Scientific Review. Economic Sciences. – 2020. – No. 2. – P. 27-32.
ECONOMY. RIGHT. SOCIETY
MALYSHKIN Nikolay Gennadjevich
Ph.D. in economical sciences, associate professor of Project management sub-faculty of the State University of Management
NOVAKOVA Sofya Yurjevna
Ph.D. in economical sciences, associate professor, doctoral student, I. S. Turgenev Oryol State University
DEVELOPMENT OF INDUSTRIAL PRODUCTION IN THE REGIONS OF THE CENTRAL FEDERAL DISTRICT
In the article, the authors analyzed the indicators of the dynamics of industrial production in the Russian Federation and the Central Federal District (CFD). The degree of variation in the indicators of the share of gross value added (GVA) of industrial production in the sectoral structure of GVA and the share of people employed in industry in the total number of people employed among the regions of the Central Federal District has been established; the relationship between these indicators has been verified.
Keywords: industrial production, gross value added of industry, the sectoral structure of industrial production.
Bibliographic list of articles
1. Federal Law of December 31, 2014 No. 488-FZ “On Industrial Policy in the Russian Federation”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_173119/4f41fe599ce341751e4e34dc50a4b676674c1416/ (date of access: 01/30/2024).
2. Industrial production in Russia. 2023.Stat. Sat. / Rosstat. – M., 2023. – 259 p. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/Prom_proiz-vo_2023.pdf (date of access: 01/30/2024).
3. Regions of Russia. Socio-economic indicators. 2023: Stat. Sat. / Rosstat. – M., 2023. – 1126 p. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/Region_Pokaz_2023.pdf (date of access: 01/30/2024).
4. Eliseeva I. I., Yuzbashev M. M. General theory of statistics / Ed. I. I. Eliseeva. – M.: Finance and Statistics, 1995. – 366 p.
ECONOMY. RIGHT. SOCIETY
MAKHMUDOVA Khanipat Muratovna
magister student of the 2nd course of the OZO of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Elmira Bashirovna
Ph.D. in economical sciences, associate professor of Administrative, financial, customs law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
PROBLEMS OF AVOIDING DOUBLE TAXATION IN RUSSIA
The article identifies the problems of legal regulation of tax jurisdictions and examines the suspension of international agreements on the avoidance of double taxation, announced unilaterally. The consequences of the actions of “unfriendly” countries when building a system of tax jurisdictions in the Russian Federation have been identified. How can these actions affect domestic businesses that operate in foreign branches. The response measures of the Government of the Russian Federation to these sanctions, the consequences of retaliatory actions for foreign businesses operating in the territory of the Russian Federation are also indicated.
Keywords: tax jurisdiction, tax benefits, residents and non-residents, avoidance of double taxation, international agreements.
Bibliographic list of articles
1. CashLegal Code of the Russian Federation (part two) dated 08/05/2000 No. 117-FZ (as amended on 03/18/2023) (as amended and supplemented, entered into force on 04/01/2023) // Access from reference legal information “ConsultantPlus”.
2. Order of the Ministry of Finance of Russia dated June 5, 2023 No. 86n “On approval of the List of states and territories that provide preferential tax treatment and (or) do not provide for the disclosure and provision of information when conducting financial transactions (offshore zones)” // Access from references .-legal information “ConsultantPlus”.
3. Decree of the President of the Russian Federation dated 08.08.2023 No. 585 “On the suspension by the Russian Federation of certain provisions of international treaties of the Russian Federation on taxation issues” // Access from reference. -legal information “ConsultantPlus”.
4. Zonova A.V., Goryachikh S.P., Pechenkin K.A. Taxation of individual entrepreneurs taking into account tax innovations of 2022 // EGI. 2022.No.39 (1). pp. 173-177.
5. Khavanova I.A. Tax jurisdiction: the limits of the possible and deferred risks // Journal of Russian Law. 2017. No. 12 (252). pp. 81-91.
6. How the abolition of tax agreements with the West will affect business [Electronic resource]. — Access mode: https://www.rbc.ru/economics/16/03/2023/ (access date: 03/27/2023).
ECONOMY. RIGHT. SOCIETY
POLSHAKOVA Natalya Viktorovna
Ph.D. in economical sciences, associate professor of the N. V. Parakhin Orel State Agrarian University
UVAROVA Marina Nikolaevna
Ph.D. in economical sciences, associate professor of the N. V. Parakhin Orel State Agrarian University
NOVAKOVA Sofya Yurjevna
Ph.D. in economical sciences, associate professor of the I. S. Turgenev Oryol State University
INDUSTRY 4.0: SYSTEM DIGITAL TRANSFORMATION OF AGRICULTURAL ENTERPRISES
In this article, the authors pay special attention to the state of the innovative potential of the Russian agro-industrial complex, assessing its compliance with the tasks of increasing global competitiveness in the conditions of a new technological structure. In their work, the authors analyze the digital maturity of the agricultural sector, their digital and innovative activity and identify the key barriers to its implementation, as well as business expectations regarding government support for innovation.
Keywords: digitalization of the agro-industrial complex, information technology, digital maturity, process innovation, state support.
Bibliographic list of articles
1. Akhmetov V. Ya., Galikeev R. N. Prospects for the socio-economic development of rural territories in the context of digitalization of the economy // Bulletin of Eurasian Science. 2019. No. 6. [Electronic resource]. – Access mode: https://esj.today/PDF/03ECVN 619.pdf (access date: 11/15/2023)
2. Digitalization of agriculture / Eurasian Economic Commission. 2016. (review of the digital agenda in the world). Vol. 3. [Electronic resource]. – Access mode: http://www.eurasiancommission.org/ru/act/dmi/workgroup/Documents/digest/3%20Special issue_Digitalization%20of agriculture%20%20.pdf (date of access: 11/15/2023)
3. Department of digital development and management of state information resources of the agro-industrial complex of the Ministry of Agriculture of the Russian Federation. [Electronic resource]. – Access mode: https://cctmcx.ru/upload/medialibrary/0f3/0f3e94a2348bb7122977c138e069ece1.pdf (access date: 11/16/2023)
4. Russian statistical yearbook 2021: stat. Sat. / Rosstat. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/Ejegodnik_2021.pdf (access date: 11/17/2023).
5. Dobrovlyanin V.D., Antineskul E.A. Digitalization of agriculture: the current level of digitalization in the Russian Federation and prospects for further development // Management of economic systems. 2022. T. 1. No. 2. T. 1.
6. Zaitsev A. G., Takmakova E. V. Statistical analysis of the development of the information society in the regions of the Russian Federation // Statistics in the digital economy: training and use. Materials of the international scientific and practical conference. SPb., 2018. pp. 50-52.
7. Shenderyuk O., Chemashkin F., Vetoshkin S., Mogilyuk V. Digitalization of the Russian agro-industrial complex: problems and proposed solutions. [Electronic resource]. – Access mode: https://yakov.partners/publications/digitalizing-russia-s-agricultural-sector-challenges-and-solutions/?ysclid=lr4xjq4e6b473344953 https://yakov.partners/publications/digitalizing-russia-s- agricultural-sector-challenges-and-solutions/?ysclid=lr4xjq4e6b473344953
8. Science, innovation and technology. [Electronic resource]. – Access mode: https://rosstat.gov.ru/statistics/science (access date: 11/17/2023).
9. Orlova N.V., Serova E.V., Nikolaev D.V. Innovative development of the agro-industrial complex in Russia. Agriculture 4: report to the XXI April international scientific conference on agricultureProblems of economic and social development / Ed. N.V. Orlova. M.: Publishing House of the Higher School of Economics, 2020. 128 p. [Electronic resource]. – Access mode: https://www.hse.ru/data/2020/06/01/1604078726/Innovative_development_of_agribusiness_in_Russia-site.pdf?ysclid=lr4xlmitw177914125 (date of access: 11/17/2023).
ECONOMY. RIGHT. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the Department for the Study of Problems of Management and Reform of the Penal System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penal System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
VDOVINA Alina Nafisovna
senior researcher of the Department for the study of the problems of employment of convicts and economic problems of the functioning of the Penitentiary System of the Center for the Study of Problems of Management and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service”
ON THE ISSUE OF THE IMPACT OF PUBLIC-PRIVATE PARTNERSHIP MECHANISMS ON THE INSTITUTIONAL DEVELOPMENT OF THE COUNTRY
Many countries actively use public-private partnership mechanisms to develop public infrastructure and solve important government tasks. Public-private partnership means a long-term pooling of the resources of public and private partners with a coordinated division of risks, responsibilities and results between them. The article is devoted to the institution of public-private partnership as one of the forms of cooperation between the state and the private sector in order to solve important socio-economic problems, the influence of public-private partnership mechanisms on the institutional development of the country is shown.
Keywords: mechanism, economy, institutional development, cooperation, private sector, public-private partnership.
Bibliographic list of articles
1. K. Shi, J. Zhu, and K. Li, “Cooperative evolutionary game and applications in construction supplier trend,” vol. 2018, Article ID 8401813, 13 pages, 2018
2. X. Zheng, Y. Le, APC Chan, Y. Hu and Y. Li, “A review of the application of social network analysis (SNA) in construction project management research,” International Journal of Project Management. – 2016. – T. 34. – No. 7. – P. 1214–1225.
3. G. Wu, S. Zhao, J. Zuo, and G. Zillante, “The Impact of Team Diversity on Project Performance in Construction Projects,” Engineering, Construction and Architecture Management, vol. – 2019. – Volume 26. – No. 3. – P. 408–423.
4. Bednyakov A. S. Public-private partnership as a model for the development of public infrastructure // Bulletin of MGIMO University. – 2022. – T. 15. – No. 1. – P. 143-176.
5. Radchenko E. P., Vdovina A. N. Attracting extra-budgetary investments as a way to ensure economic security of public-private partnership projects // Man: crime and punishment. – 2022. – T. 30. – No. 2. – P. 206-215.
6. Radchenko E. P., Vdovina A. N. On the issue of legislative gaps in the implementation of public-private partnership mechanisms in the penal system of the Russian Federation // Bulletin of the public research laboratory “Interaction of the penal system with civil society institutions” : historical-legal and theoretical-methodological aspects”. – 2022. – No. 26. – P. 34-38.
7. Lisitsa V. N. Legal nature of the agreement on public-private partnership // Legal science and practice. – 2016. – T. 12. – No. 2. – P. 80-89.
8. Kozin M. N., Radchenko E. P. Application of public-private partnership mechanisms in law enforcement and ensuring national security of the state: potential effects and problems // Competitiveness in the global world: economics, science, technology. – 2023. – No. 5. – P. 286-289.
ECONOMY. RIGHT. SOCIETY
KUTDUSOVA Anastasiya Valerjevna
student of the Far Eastern Federal University, Vladivostok
DVORYANINOVA Sofya Antonovna
student of the Far Eastern Federal University, Vladivostok
NIKITIN Kirsan Anatoljevich
student of the Far Eastern Federal University, Vladivostok
OVCHINNIKOVA Anna Anatoljevna
student of the Far Eastern Federal University, Vladivostok
INVESTMENT BREAKTHROUGH: STRATEGIES AND INNOVATIONS FOR GROWTH IN MODERN RUSSIA
This article conducts a thorough analysis of investment activities in the territory of the Russian Federation. It explores the main
aspects and principles of capital investment, both at the level of individual investors and at the level of corporations and government
structures. The paper pays attention to both the theoretical foundations of investing and the practical aspects of this activity. Various forms and methods of investment activities are analyzed, as well as the most important factors affecting the efficiency of investments. The article also presents different viewpoints on the categories of collective investors actively functioning in Russia’s financial market. special attention is given to the legislative framework regulating investment activity in the country, along with an analysis of key legislative acts in this area. The article will be useful for specialists in the fields of economics and finance, as well as for students studying this topic.
Keywords: investment activity, Russian Federation, financial market, investing, legislation, economics, finance, investment funds, entrepreneurship, investment strategies.
Bibliographic list of articles
1. Inshakova A. O. Legal adaptation under the influence of the industrial revolution on entrepreneurial activity and key components of the ecosystem // Legal paradigm. – 2021. – T. 20. No. 1. – P. 6-13.
2. Inshakova A. O. The influence of modern geo-economics and the concept of sustainable development on the transformation of the national jurisdiction of Russia // Legal paradigm. – 2022. – T. 21. No. 3. – P. 6-10.
3. Inshakova A. O. Turnover of objects of civil rights of a property nature: basic concepts, types, trends in legislative development // Legal paradigm. – 2020. – T. 19. No. 1. – P. 6-15.
4. Inshakova A. O. A century-long search for a model of economic development in Russia: economic and legal development of a competitive state // Legal paradigm. – 2019. – T. 18. No. 4. – P. 184-187.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 90, Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of December 9, 1999 “On some issues of application of the Federal Law “On Limited Liability Companies” // “Bulletin of the Supreme Arbitration Court of the Russian Federation”. – 2000. – No. 2.
6. Federal Law of December 2, 1990 No. 395–1 “On Banks and Banking Activities” // “Collection of Legislation of the Russian Federation”. – 02/05/1996. – No. 6. – Art. 492.
7. Law of the Russian Federation of November 27, 1992 No. 4015–1 “On the organization of insurance business in the Russian Federation” // “Rossiyskaya Gazeta”. – No. 6. – 01/12/1993.
8. Federal Law of November 29, 2001 No. 156-FZ “On Investment Funds” // “Collection of Legislation of the Russian Federation”. – 03.12.2001. – No. 49. – Art. 4562.
9. Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)” // “Collection of Legislation of the Russian Federation”. – 07/15/2002. – No. 28. – Art. 2790.
ECONOMY. RIGHT. SOCIETY
SOROKINA Mariya Dmitrievna
student of the Far Eastern Federal University, Vladivostok
BOYKO Elena Konstantinovna
student of the Far Eastern Federal University, Vladivostok
RADCHENKO Darya Alexeevna
student of the Far Eastern Federal University, Vladivostok
GERASIMOV Sergey Dmitrievich
student of the Far Eastern Federal University, Vladivostok
INVESTMENT PROCESSES IN AGRICULTURE
This article conducts an in-depth analysis of investment activity in the agricultural sector, emphasizing the importance of investing in the primary resources used in production. Various aspects of the investment process are considered, including investments in physical and human capital, as well as in the areas of sustainable development and digitization of the agricultural industry. Authors focus on the importance of adapting to global trends, the need to improve the quality of education and training, and the role of government support and stimulation of innovative activities in agriculture.
Keywords: investment in agriculture, physical capital, human capital, sustainable development, digitization of the agricultural sector, education and training, government support, innovative activities.
Bibliographic list of articles
1. Mikhailova L. V., Nigmatzyanova D. R. Management of diversification processes in the agro-industrial complex based on the development of small agribusiness // Vector of Economics. – 2018. – No. 10 (28). – P. 108.
2. Parfenova K. A. Ensuring effective management of investments of agricultural organizations // Agriculture and food security: technologies, innovations, markets, personnel: Materials of the III International Scientific and Practical Conference dedicated to the 60th anniversary of the Institute of Economics of Kazan State Agrarian University, Kazan, 26- May 28, 2021 – Kazan: Kazan State Agrarian University, 2021. – pp. 179-183.
3. Shmyreva I. A. The role of state regulation and investment in the development of agriculture // Economics and society. – 2014. – No. 2-4 (11). – pp. 1259-1263.
4. Ostaev G. Ya., ClYchova G. S., Zlobina O. O. Investment planning in the business of growing plants without soil // Economics and management of land management and land use in the region: Materials of the III National Scientific and Practical Conference, Izhevsk, March 10, 2021 – Izhevsk: Izhevsk State Agricultural Academy, 2021. – pp. 178–185.
5. Mikhailova L. V. General procedure for analyzing business projects for small forms of management // Sustainable development of agriculture in the context of global risks: Proceedings of the scientific and practical conference, Kazan, December 7, 2016 – Kazan: Kazan State Agrarian University, 2016 – pp. 442-446.
ECONOMY. RIGHT. SOCIETY
SHILDT Liliya Abulaisovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
TOKAR Yuliya Vitaljevna
magister student in the direction “Economics of renewable energy sources” of the Ufa State Petroleum Technical University
SIRAEV Ruslan Ayratovich
magister student in the direction “Economics of renewable energy sources” of the Ufa State Petroleum Technical University
ASSESSMENT OF THE IMPACT OF EMISSIONS OF POLLUTANTS INTO THE ATMOSPHERE
The relevance of the study lies in the fact that at the moment all international, domestic and regional markets are experiencing the influence of negative technogenic factors and the consequences due to them. The environmental agenda has become one of the leading ones in all spheres of industry and human activity. The impact of pollution directly affects all biological, economic and sociological systems.
Keywords:economics, renewable energy sources, pollution, air emissions, impact of pollution, green economy.
Bibliographic list of articles
1. Baiduganova K.V., Schildt L.A. Ecological entrepreneurship as a factor in the development of a green economy // In the collection: Problems and trends in the development of an innovative economy: international experience and Russian practice. Materials of the X International Scientific and Practical Conference. – 2023. – pp. 133-137.
2. Khismatullina Yu. A., Shangareeva V. O., Shildt L. A. Practical aspects of natural gas pricing in the Volga Federal District in the period 2020-2022 // In the collection: Current directions of scientific research in the field of economics, finance and accounting: from theory to practice. – 2022. – P. 197.
3. Shildt L. A., Gareeva N. B. Features of classical project management and flexible methodologies in project management // Eurasian Legal Journal. – 2022. – No. 3 (166). – pp. 488-490.
4. Bykov A. A., Schastlivtsev E. L., Pushkin S. G., Smirnova O. V. Modeling of soil pollution by atmospheric emissions from industrial facilities in a coal-mining region. // Polzunovsky Bulletin. – 2006. – No. 2.
5. Federal Law of May 4, 1999 No. 96 Federal Law “On the Protection of Atmospheric Air”.
6. Air pollution is one of the main threats to people and the planet. [Electronic resource]. – Access mode: https://news.un.org/ru/story/2021/09/1409462 (access date: 01/20/2024).
7. Atmospheric air pollution by the automobile and road complex: [Electronic resource]. – Access mode: https://alfabuild.spbstu.ru/userfiles/files/AlfaBuild/AlfaBuild_2017_1/8_1.pdf (date of access: 01/20/2024).
8. WHO global recommendations on air quality. World Health Organization 2021. [Electronic resource]. – Access mode: https://iris.who.int/bitstream/handle/10665/345334/9789240035409-rus.pdf (access date: 01/20/2024).
9. Air pollution (outdoor air). [Electronic resource]. – Access mode: https://www.who.int/ru/news-room/fact-sheets/detail/ambient-(outdoor)-air-quality-and-health (access date: 01/20/2024).
ECONOMY. RIGHT. SOCIETY
SHOROKHOV Konstantin Dmitrievich
student of the Far Eastern Federal university, Vladivostok
OMELCHUK Nikita Sergeevich
student of the Far Eastern Federal university, Vladivostok
MATVEEV Maxim Alexeevich
student of the Far Eastern Federal university, Vladivostok
SIDORENKO Margarita Alexandrovna
student of the Far Eastern Federal university, Vladivostok
MONOPOLIES IN THE MODERN ECONOMY: A MULTIDIMENSIONAL ANALYTICAL REVIEW
This analytical review examines the phenomenon of monopolies within the context of the modern economy, their main characteristics, and potential consequences for the market. The article presents facts and research related to the impact of monopoly structures on innovation development, social inequality, and the allocative efficiency of resources. special attention is given to antitrust regulation, examples from global practice, and the need for a balance between competition and regulation to ensure sustainable economic growth. The review emphasizes the importance of a deep understanding of the role of monopolies in the economy for the formulation of effective policies aimed at stimulating competition and protecting consumer interests.
Keywords: monopoly, economic impact, antitrust regulation, social inequality, allocative efficiency, innovative development, competitive economy, market dominance, consumer welfare, global economic practice.
Bibliographic list of articles
1. Natural monopolies in Russia in 2022. [Electronic resource]. – Access mode: https://goscontract.info/shkola-goszakupok/kakova-rolmonopoliy-v-sfere-zakupok.
2. Maksimova V. M. Microeconomics: textbook, 8th edition, revised and expanded. – M.: Synergy University, 2020. – 468 p.
3. Kochetkov A. A. Economic theory: textbook. – 7th ed., revised. and additional – Moscow: Dashkov and K, 2021. – 696 p. – ISBN 978-5-394-04499-1. – Text: electronic // Lan: electronic library system. [Electronic resource]. – Access mode: https://e.lanbook.com/book/230102.
4. Pike K., Spengler T. Regulation of natural monopolies: theory and practice. – M.: Infra-M, 2022. – 416 p.
5. Smith A. Research on the nature and causes of the wealth of nations. – M.: Eksmo, 2023. – 1056 p.
ECONOMY. RIGHT. SOCIETY
LI Linlin
senior lecturer, Heihei University
THE DEVELOPMENT OF CROSS-BORDER TOURISM BETWEEN CHINA AND RUSSIA IN THE POST-EPIDEMIC ERA
In the context of “Great Changes unprecedented in a century”, the economic center and political structure imperceptibly changed, anti-globalization phenomena often arose, especially the outbreak of the coronavirus epidemic, which made us better realize the importance of regional integration and cooperation within the framework of the Belt and Road initiative. During the “14th five-year plan”, the construction of the “One Belt, One Road” is superimposed on a new dual-cycle development scheme, the important role of cross-border tourism is becoming more and more noticeable, and its status in foreign economic, social and cultural exchanges is constantly increasing. This article analyzes the opportunities and problems faced by Chinese-Russian cross-border tourism after the epidemic, and suggests directions for the development of Chinese-Russian cross-border tourism in the future.
Keywords: China and Russia; cross-border tourism; post-epidemic era.
Bibliographic list of articles
1. Niu Yuyu, Wu Danting, Zhou Li. Review and prospects of Chinese-Russian cooperation in the field of tourism [J] // Economic studies of North-East Asia. – 2020. – No. 10. – From 78-93.
2. Sun Shihan. A study of Chinese-Russian cross-border tourism cooperation in the context of high-quality joint construction of the Belt and Road [D]. Master’s thesis from Harbin Normal University. – 2023:26.
3. Wu Xinzhang, Huang Huazhi. Motives, problems and countermeasures for the construction of cross-border tourism cooperation zones in China [J] // Northern Economics and Trade. – 2021. – No. 7. – P. 154-156.
4. Chu Dongmei. SWOT analysis of cross-border tourism development in Heilongjiang Province[J]. // Chinese border studies. – 2022. – No. 1. –S. 73-74.
5. Zhao Xin. Study of the strategy for creating a Chinese-Russian cross-border tourism cooperation zone in the city of Heihe [J] // Journal of Changchun Normal University. – 2019. – No. 12. – P. 93-97.
ECONOMY. RIGHT. SOCIETY
HE Zhendong
lecturer, Heihe University
NING Yanhong
researcher Heihe University
LI Honghong
lecturer, Heihe University
TERRITORIAL JURISDICTION IN CIVIL CASES INVOLVING FOREIGN STATES: COMPARATIVE CHARACTERISTICS OF CHINESE AND RUSSIAN LEGISLATION
From the point of view of jurisdiction in civil proceedings related to foreign states, in general, the current legislative provisions of both China and Russia are similar to the German branch of civil procedure law – in terms of using territory as a criterion for establishing jurisdiction. The legal systems of civil jurisdiction related to foreign States in China and Russia are somewhat similar: both provide for common territorial jurisdiction, special jurisdiction, exclusive jurisdiction and jurisdiction by agreement. This article analyzes the legislation on the territorial jurisdiction of civil cases related to foreign countries in China and Russia. This articleis published as part of the project of key topics of the study of economic and social development of Heilongjiang Province in 2023 on the topic: “Research on the mechanism of legal protection of the rights and interests of Chinese migrants living in Russia within the framework of the One Belt and One Road initiative.” Project number: 23366.
Keywords: China, Russia, civil proceedings, territorial jurisdiction, comparative characteristics.
Bibliographic list of articles
1. Arbitration Procedural Code of the Russian Federation dated July 24, 2002 No. 95-FZ (as amended on December 25, 2023) // Collection of Legislation of the Russian Federation. – 2002. – No. 30. – Art. 3012.
2. Civil procedural code of the Russian Federation dated November 14, 2002 No. 138-FZ (as amended on December 25, 2023) // Collection of legislation of the Russian Federation. – 2002. – No. 46. – Art. 4532.
3. Xu Dongren. Trends in the development of international private law [M]. Beijing: Peking University Press, 2005. – 301 p.
4. Khan D.P. International private law [M]. Second edition. Beijing: Higher Education Publishing House, 2007. – 36 p.
PHILOSOPHY. RIGHT. SOCIETY
BAKLANOV Igor Spartakovich
Ph.D. in philosophical sciences, professor, professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
LUKYANOV Gennadiy Ivanovich
Ph.D. in philosophical sciences, associate professor, professor of Economics and management sub-faculty of the Volga Polytechnic Institute (branch) of the Volgograd State Technical University, Volzhsky
THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE INTO THE SOCIOCULTURAL PRACTICES OF DIGITAL SOCIETY: CONSEQUENCES AND RISKS OF THE DEVELOPMENT OF INDUSTRY 4.0
The work examines sociocultural practices that are subject to physical change due to the introduction of digital technologies into operations within the framework of the Fourth Industrial Revolution and the emergence of Industry 4.0. The society where Industry 4.0 is developing can be represented as a digital society, where sociocultural practices are affected by such interrelated phenomena as the functioning of cyber-physical systems, the use of cloud computing and the use of the Internet of things. The risky potential of using artificial intelligence lies, for example, in the fact that, having powerful computing and data processing capabilities, it can become a tool for manipulating information and influencing public opinion. The complexity of issues such as the automation of healthcare decisions or the use of artificial intelligence in litigation requires the development of clear ethical standards to ensure its balanced and responsible implementation into the sociocultural practices of the digital society.
Keywords: digital society, sociocultural practices, Industry 4.0, Fourth Industrial Revolution, digitalization, sociocultural risks, artificial intelligence.
Bibliographic list of articles
1. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
2. Baklanov I. S., Baklanova O. A., Osadchiy A. A. Features of sociocultural risks in the conditions of digitalization of sociocultural practices // Eurasian Legal Journal. – 2023. – No. 12. – P. 535-536.
3. Baklanov I. S., Kolosova I. V. Dynamics of legal values in the context of globalization and digitalization // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 214-217.
4. Gubanov N. N., Gubanov N. I., Cheremnykh L. G. Risk Society // Humanitarian Bulletin. – 2022. – No. 4 (96). – P. 3.
5. Gubanova M. A. Transformation of a person in a global network society // Bulletin of the Armavir State Pedagogical University. – 2020. – No. 4. – P. 103-109.
6. Eremenko M. M., Bogatyrev S. A., Baklanov I. S. Features and risks of using artificial intelligence technologies in the media space of modern society // Eurasian Legal Journal. – 2023. – No. 12. – P. 362-363.
7. Inozemtsev V. A., Ivlev V. Yu., Inozemtseva Yu. V. The influence of informatization and the development of information and communication technologies on the formation of a new social reality // Humanitarian Bulletin. – 2020. – No. 4 (84). – P. 2.
8. Urunov A. A., Rodina I. B. The influence of artificial intelligence and Internet technologies on the national labor market // Fundamental Research. – 2018. – No. 1. – P. 138-142.
9. Belikova I. P., Ivashova V. A., Baklanova O. A., Lazareva N. V., Semenova L. Factor model of expert opinions on risks assessment for territorial development // XIV International Scientific Conference “INTERAGROMASH 2021″. V. 1. Lecture Notes in Networks and Systems. – 2022. – R. 861-869.
10. Siddiqui S. A., Singh P., Khan S., Fernando I., Baklanov I. S., Ambartsumov T. G., Ibrahim S. A. Cultural, Social And Psychological Factors of the Conservative Consumer Towards Legal Cannabis Use-A Review since 2013 // Sustainability. – 2022. – V. 14. – No. 17. – R. 10993.
11. Vinokursky D. L., Mezentseva O. S., Samoylov Ph. V., Ganshin K. Y., Baklanova O. A. Model Predictive Control for Path Planning of UAV Group // IOP Conference Series: Materials Science and Engineering. III International Scientific Conference. – Krasnoyarsk, 2021. – P. 12092.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Combat, tactical and special training sub-faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
“YOUNG SQUID SCHOOL” AS AN INVESTMENT IN THE FUTURE OF RUSSIA
How to learn to maintain the sustainable development of family, community, territory, country? What provides long term survival of communities? Neomalthusianism, degrowth, prosperity without growth, the achievement of the limits of a market economy (exhaustion of the possibilities of division labor, an unacceptable escalation of risks, an increase in uncertainty, computational difficulties in the design of the future) are the discussed negative trends. As for the positive trends, it is worth highlighting the promotion of topics of the economy joint, cooperation, the social state, and the construction of horizontal ties. The article is devoted to the value of network coordination in the management of limited resources.
Keywords: neoconomics, management of the commons, tragedy of the commons, reasonable consumption, financial literacy, economic education, androgogy.
Bibliographic list of articles
1. Goffman A. A., Timoshchuk A. S. The red flag of victory of the “Russian Spring 2.0” // In the collection: The Motherland to which they swore allegiance…. All-Russian materials. conf. with intl. participation dedicated to the 100th anniversary of the formation of the USSR. – Nizhny Novgorod, 2022. – pp. 171-177.
2. Goffman A. A., Timoshchuk A. S. Human rights and the limits of growth // Eurasian Legal Journal. – 2023. –No. 3 (178). – pp. 483-484.
3. Montyan T. N. School of young squid. [Electronic resource]. – Access mode: https://t.me/s/youngsquids.
4. Ostrom E. General management. Evolution of institutions of collective action / trans. from English T. N. Montyan. – Kyiv, 2013. – 400 p.
5. Soto E. The mystery of capital. Why capitalism triumphs in the West and fails throughout the rest of the world. – M.: Olimp-Business, 2004. – 272 p.
6. Timoshchuk A. S. Russian cosmism: industrial breakthrough and technological limits // Bulletin of the Tver State Technical University. Series: Social Sciences and Humanities. – 2019. – No. 1 (16). -WITH. 19-26.
7. Timoshchuk A. S. Limits to growth and current problems of global sustainability // Current problems of the humanities and socio-economic sciences. – 2020. – No. 2 (73). -WITH. 148-158.
8. Timoshchuk A. S. The limit of the capacity of the environment and the KhMSP methodology // In the collection: Current problems and prospects for the development of the scientific school of Chrono-discrete monogeographic comparative law. –NN: National Research University RANEPA, 2021. – pp. 52-62.
9. Timoshchuk A. S. Generations of rights and the limits of civilizational growth // Social relations. – 2023. – No. 1 (44). – pp. 105-121.
10. Hardin G. The Tragedy of the Commons // Science. – 1968. – Vol 162. – Issue 3859. – P. 1243-1248.
11. Kallis G., Paulson S., D’Alisa G., Demaria F. The case for degrowth. – Polity Press, 2020. – 140 p.
PHILOSOPHY. RIGHT. SOCIETY
IGNATOVA Yuliya Evgenjevna
lecturer of Theory and history of state and law sub-faculty of the Volzhsky Institute of Economics, Pedagogy and Law, Volzhsky
SOCIAL TRUST AS A REDUCTION OF SOCIALITY, A RESOURCE FOR THE DEVELOPMENT OF SOCIAL INSTITUTIONS AND A WAY TO ACHIEVE SOCIAL SAFENESS
The article examines the phenomenon of social trust, which has a significant impact on the dynamics of modern society. Methodologically, the author relies on the ideas and conceptual provisions of N. Luhmann, F. Fukuyama and E. Giddens. Luhmann proposed to consider social trust as a manifestation of sociality. Fukuyama explored it as a resource for effective social development. Giddens analyzed trust as a socio-psychological attitude of social consciousness, trust as the basis of family ties and trust as a psychological phenomenon. Exploring institutional and regulatory systems, the author shows that in modern societies the regulatory system of law has the highest level of trust. Vice versa, in those societies where modern institutions are unstable, trust in the law and its norms is questioned. Obviously, the higher the level of trust in the rules of law, the more effectively they work, which means the higher the level of social security in society.
Keywords: social trust, society, norms, religion, law, legitimation, social institutions, safety.
Bibliographic list of articles
1. Baklanov I. S., Bichakhchyan M. K., Baklanova O. A Social determination of the dynamics of legal consciousness: modern Russian experience // Humanitarian, socio-economic and social sciences. – 2015. – No. 8. – P. 23-26.
2. Baklanov I. S., Kopchenko I. E., Kramchaninova N. V. Internal foundations of the autonomy of political consciousness // Bulletin of the Armavir State Pedagogical University. – 2023. – No. 4. – P. 126-133.
3. Baklanova O. A Comparativist analysis of historical types of sociality // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2011. – No. 3. – P. 219-223.
4. Baklanova O. A., Dushina T. V. Sociality as a subject of sociocultural analysis // Sociodynamics. – 2017. – No. 6. – P. 52-58.
5. Burkin D. O. The problem of normative determination of the processes of legitimation of power in Russia // Kant. – 2020. – No. 4 (37). – pp. 236-240.
6. Burlova Yu. A., Baklanova O. A. Social norm as a functional mechanism of sociality // Kant. – 2022. – No. 4 (45). – pp. 112-115.
7. Giddens E. Consequences of Modernity. – M.: Praxis, 2011. – 352 pp.
8. Derkachev G.I., Baklanov I.S. Problems and sources of legitimation of power in modern Russia // Social and humanitarian knowledge. – 2009. – No. 9. – P. 139-144.
9. Dushina T.V., Baranov S.T., Baklanov I.S. Philosophy of knowledge of postmodernism. – Stavropol, 2007. – 129 S.
10. Ignatova Yu. E., Lukyanov G. I. The phenomenon of social trust as the basis for the development of legal consciousness in modern Russian society // Eurasian Legal Journal. – 2023. – No. 4 (179). – pp. 501-502.
11. Ignatova Yu. E., Lukyanov G. I. Social trust as a factor in the functioning of value-normative systems in Russian society // Eurasian Legal Journal. – 2023. – No. 5 (180). – pp. 507-508.
12. Fukuyama F. Trust. Social virtues and the path to prosperity. – M.: AST, Ermak, 2004. – 730 p.
13. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of Historical Culture and Art Research. – 2018. – T. 7. – No. 2. – P. 41-47.
14. Luhmann N. Trust and Power/Two works by N. Luhmann; With introd. by Poggi G. Chichester etc.: Wiley, 1979. – 228 p.
PHILOSOPHY. RIGHT. SOCIETY
KALININA Viktoria Olegovna
competitor, scientific direction 5.7.4 Ethics. Lecturer of Philosophy and social communications sub-faculty of the Penza State University
THE PHILOSOPHICAL PERSPECTIVE OF THE ENVIRONMENTAL POLICY OF THE UNITED STATES OF AMERICA AND THE RUSSIAN FEDERATION
The article provides a methodological basis for a philosophical analysis of the environmental policy of the United States of America and the Russian Federation. This research is based on information on the main methods of environmental policy management in these countries, the structure of the state apparatus, which is responsible for the implementation and control over the implementation of laws protecting the environment.
The purpose of this article is to highlight environmental issues in our constantly changing modern world and to determine the best policy in Russia and the United States for the preservation and development of the ecological potential of nature.
In conclusion, some estimates are given, which are based on the results of a comparative analysis of environmental policy of the United States and the Russian Federation.
Keywords: environmental policy of the USA and the Russian Federation, ecology, ethics.
Bibliographic list of articles
1. Zotenko E. A., Morozova N. M. Assessing the effectiveness of US environmental policy // VII International Scientific and Practical Conference “Harmonization of Interethnic Relations in a Global Society”, XXVI Nizhny Novgorod Session of Young Scientists (Humanities): Collection of articles and theses young scientists, Nizhny Novgorod, November 17-18, 2021. – Nizhny Novgorod: Pero Publishing House, 2021. – P. 152-156.
2. Koromyslova T. A., Baklashkin M. I., Kalinina V. O. Environmental ethics at the university // Digital technologies of living systems in agriculture: Collection of materials of the InternationalNational Scientific and Practical Conference, Penza, November 24, 2022. – Penza: Penza State Agrarian University, 2022. – P. 139-141.
3. Pavlov I. E. Environmental policy is an integral part of the state policy of Russia // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Philosophy. Political science. Culturology. – 2021. – T. 7 (73) – No. 1. – P. 209-224.
4. Tetior A. N. Ethical and environmental comparison of the USA and the Russian Federation // Eurasian Union of Scientists. – 2020. – No. 7-3 (76). – pp. 45-51.
PHILOSOPHY. RIGHT. SOCIETY
KITAEV Nikolay Nikolaevich
Ph.D. in Law, associate professor, Honorary Professor of the B. N. Yeltsin Kyrgyz-Russian Slavic University, associate professor of Jurisprudence sub-faculty of the Irkutsk National Research Technical University, Honored Lawyer of the Russian Federation
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and science of criminal law sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz-Russian Slavic University
MYSTICISM AND LAW: MYTHS AND REALITY
The article shows the prevalence of belief in occult phenomena in society. A brief historical analysis of the development of mysticism is given. It is noted that increasing the educational level of the population is not an obstacle to the mass manifestation of magical thinking. The connection between occultism and law, existing in different eras, is shown.
Keywords: mysticism, harmful magic, irrational thinking, occultism and law.
Bibliographic list of articles
1. Kupriyanov A. “Dark forces” as a subject of crime // Russian justice. – 2001. – No. 8.
2. Kitaev N. N., Kitaeva V. N., Ardashev R. G. Jurisprudence and mysticism // Law and law. – 2019. – No. 1.
3. Buyanov M.I. Egoists. – M., 2001.
4. Buyanov M.I. Finding will, or how people and nations grow up. – M., 1998.
5. Dunham B. Giant in Chains. – M., 1958.
6. Yudin V.V. Belief in witchcraft is a manifestation of the everyday consciousness of youth // Sociological studies. – 2007. – No. 10.
7. Kitaeva V. N. Forensic characteristics of cruelty to animals // Siberian criminal procedural and forensic readings. – Irkutsk, 2015. – No. 1 (7).
8. Moscovici S. Social representation: a historical view // Psychological journal. – 1995. – No. 1.
9. Brief Russian encyclopedia. – T. 2 – M., 2003.
10. Buyanov M.I. Mysticism, KGB and psychiatry. – M., 2007.
11. Plekhanov G.V. About religion and the church. – M., 1957.
12. Levy-Bruhl L. Supernatural in primitive thinking. – M., 1999.
13. Psychological encyclopedia. 2nd ed. / ed. R. Corsini, A. Auerbach. – St. Petersburg, 2003.
14. Puzina P. A look at superstition and prejudice. – St. Petersburg, 1834.
15. Solovyov V. S. Works in 2 volumes. T. 2. – M., 1988.
16. James W. Diversity of religious experience. – M., 1993.
17. Köppen. Crata Repoa, or how in ancient times the initiation of Egyptian priests took place in the Mysterious Society. – St. Petersburg, 1779.
18. Underhill E. Mysticism. Experience in studying the nature and laws of development of human spiritual consciousness. – Kyiv, 2000.
19. Sumarokov A. What is spiritualism and its phenomena? – St. Petersburg, 1871.
20. Vygotsky L. S., Luria A. R. Studies on the history of behavior. – M.-L. 1930.
21. Taylor E. B. Primitive culture. T. 1. – St. Petersburg, 1896.
22. Tokarev S. A. The essence and origin of magic // Research and materials on questions of primitive religious beliefs. – M.: Publishing house. Academician Sciences of the USSR, 1959.
23. Zybkovets V. F. About black and white magic. – M., 1965.
24. Platonov K.K. Psychology of religion. – M., 1967.
25. Guili R. E. Encyclopedia of witches and witchcraft. – M., 1998.
26. Bogoraz-Tan V. G. On the issue of applying the Marxist method to the study of ethnographic phenomena // Soviet ethnography. – 1930. – No. 1-2.
27. Kotlyarevsky A. About the funeral customs of the pagan Slavs. – M., 1868.
28. Ardashev R. G. Superstitions in law enforcement as an indicator of the irrationality of public consciousness // Law and Law. – 2020. – No. 7.
29. Kitaev N. N., Kitaeva V. N. Forensic examination in exposing fraudsters – “psychics” // In defense of science. – Vol. 11. – M., 2012.
30. Nugaeva E. D. Peculiarities of the investigation of fraud in the provision of occult services: Dis… cand. legal Sci. – Ufa, 2018.
PHILOSOPHY. RIGHT. SOCIETY
MADZHUGA Anatoliy Gennadjevich
Ph.D. inpedagogical sciences, professor, Head of Pedagogy, psychology and health care sub-faculty of the Institute of Education Development of the Republic of Bashkortostan, Ufa
AZHIEV Akhmed Vakhaevich
Ph.D. in pedagogical sciences, professor, Vice-rector for Social, Educational Work and Public Relations of the Chechen State Pedagogical University, Grozny
CONCEPTUAL AND THEORETICAL FOUNDATIONS OF MILITARY-PATRIOTIC EDUCATION OF STUDENTS IN A COEVOLUTIONARILY DEVELOPING WORLD
The article presents the conceptual and theoretical foundations of military-patriotic education of students, identifies the essential characteristics of methodological approaches on which the formation of civil-patriotic values of students in the realities of modern society is based. The authors prove that the coevolutionary approach acts as a methodological basis for the military-patriotic education of students. In the context of the study, the main factors affecting the quality of military-patriotic and civic education of students are considered, the value potential of patriotism is shown from the perspective of the process of formation of patriotic consciousness of the individual.
Keywords: military-patriotic education, civic education, coevolutionary approach, patriotism, civic-patriotic values, principles of military-patriotic education.
Bibliographic list of articles
1. Mikryukov V. Yu. Military-patriotic education at school. – M.: VAKO, 2012. – 404 p.
2. Bondarenko E. A., Petrova O. G. Patriotic education today. Analysis, problems, prospects / Ministry of Education and Science of the Russian Federation, LLC “Sovrem.obrazovat. concepts”; auto comp.: Bondarenko E. A., Petrova O. G. – M.: AS-Trust, 2009. – 240 p.
3. Vyrshchikov A. N., Kusmartsev B. M. Patriotic education of youth in modern Russian society. – Volgograd, 2006. – [Electronic resource]. – Access mode: http://www.vounb.volgograd.ru/CLNVR/library/Kusmarzev/Patrioticheskoe_vospitanie_covremennoi_molodegi.pdf (date of access: 01/03/2024).
4. Lugovinov V.I. System of patriotic education: state, problems and directions of development. – [Electronic resource]. – Access mode: http://fpvestnik.ru/patriotizm-segodnya/sistema-patrioticheskogo-vospitaniyasostoyanie-problemy-i-napravleniya-razvitiya/ (date of access: 01/03/2024).
5. Soloviev V. S. Russian idea. – M., 1992. – P. 185-205.
6. National Security Strategy of the Russian Federation until 2020: approved. By Decree of the President of the Russian Federation of May 12, 2009 No. 537 (as amended on July 1, 2014). – [Electronic resource]. – Access mode: https://medinstitut.org/spbmsi_docs/sveden_RF_ot_12.05.2009.pdf (access date: 01/03/2024).
7. Strategy for the development of education in the Russian Federation for the period until 2025: approved. by order of the Government of the Russian Federation of May 29, 2015 No. 996-r. – [Electronic resource]. – Access mode: http://static.government.pdf (access date: 01/03/2024).
8. Tsiulina M. V. Patriotic education of schoolchildren with the possibilities of the socio-educational environment. – Chelyabinsk: Cicero, 2012. – 203 p.
PHILOSOPHY. RIGHT. SOCIETY
RABADANOVA Alina Arsenovna
student of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
GASANDIBIROVA Madina Aliaskhabovna
student of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
MAGOMEDOVA Fatima Yakubovna
student of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
ABDULAEVA Zaira Esenbulatovna
Head of Humanitarian disciplines sub-faculty of the Dagestan State Medical University of the Ministry of Health of Russia, Makhachkala
VOLUNTARY INFORMED CONSENT. PROBLEMS OF MUTUAL UNDERSTANDING BETWEEN THE PATIENT AND THE DOCTOR
The article discusses the ethical and legal aspects of a voluntarily informed representative about medical intervention, as well as the problem of the patient’s understanding of voluntary informed consent. Materials and methods: to achieve this goal, we conducted an analysis of domestic and foreign literature, regulations, as well as a social survey among medical workers and patients in the Republic of Dagestan.
Keywords: voluntary informed consent, patient, doctor, medical care, bioethical aspects, medical organization.
Bibliographic list of articles
1. Cherednichenko D.V. Ethical recommendations and legal standards for registration of patient consent and refusal in relation to medical intervention. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/eticheskie-rekomendatsii-ipravovye-standarty-oformleniya-soglasiya-i-otkazapatsienta-v-otnoshenii-meditsinskogo-vmeshatelstva/viewer
2. Pishita A. N., Klimov A. E., Informed voluntary consent in medicine (legal aspect). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/informirovannoedobrovolnoe-soglasie-v-meditsine-pravovoy-aspekt/viewer
3. Revazova E. A., Informed voluntary consent to medical intervention. [Electronic resource]. – Access mode: https://pravoprim.spbu.ru/yurisprudentsiya/zashchita-prav-grazhdan/item/504-informirovannoe-dobrovolnoe-soglasie-nameditsinskoe-vmeshatelstvo.html
4. Bazhanov N. O., Ivanenko N. S., Medical and legal aspects of informed voluntary consent. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mediko-pravovye-aspektyinformirovannogo-dobrovolnogo-soglasiya/viewer
5. Talia Miron Schatz. Moscow, 2022, “Mann, Ivanov and Ferber” – “Your life depends on it” 6. Kovaleva T. I. Ethical reception of informed consent, 2011.
7. Alekseeva S. S., Starodubtsev M. E. Informed voluntary consent to medical intervention: the figure and role of the doctor // Russian Journal of Cardiology. 2021. No. 26 (9). pp. 69-72.
8. Oana R. Gren, Ignasi Bolibar and Carlos Brotons, “Impacts, Barriers and Facilitators of the Patient Communication Intervention “Ask Me 3” in a Primary Health Care Center in Barcelona, Spain: A Mixed Methods Analysis.”
PHILOSOPHY. RIGHT. SOCIETY
RAVOCHKIN Nikita Nikolaevich
Ph.D. in philosophical sciences, associate professor, professor of History, philosophy and social sciences sub-faculty of the T. F. Gorbachev Kuzbass State Technical University; associate professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
TRANSFORMATIONS OF COMMUNICATIONS IN THE DIGITAL WORLD: PHILOSOPHICAL ANALYSIS (PART 2)
The article presents a philosophical analysis of changes in communication in the realities of the digital era. In the second part, the author examines the impact of advanced technologies on the transformation of interactions between subjects in spheres of public life. Shifts in communication processes have been recorded. At the end of the work, the results of the study are summed up.
Keywords: communication, digitalization, society, technology, intelligence.
Bibliographic list of articles
1. Balashov A. N., Bochanov M. A. Internet technologies as a factor in the development of political activity of citizens: trends and contradictions // PolitBook. – 2017. – No. 2. – P. 22-34.
2. Gorbunova Yu. I. Gorbunova O. N. Information infrastructure: modern essence, its constituent sub-sectors // Socio-economic phenomena and processes. – 2014. – No. 2 (60). – pp. 14-21.
3. Ignatiev V.I. And “another” actor will strike… The formation of a techno-subject in the context of the movement towards a technological singularity // Sociology of science and technology. – 2019. – T. 10. – No. 1. – P. 64 – 78.
4. Kulikova D. S. Digitalization of business models: global brands and development prospects // Innovations and investments. – 2022. – No. 4. – P. 54-58.
5. Mitina E. V., Subbotina T. N. Transformation of business communications in organizations under the influence of digitalization // Economics and business: theory and practice. – 2022. – No. 9 (91). – pp. 156-161.
6. Pronchev K. G. The concept of “hierarchical personalism”: a political science aspect // Questions of political science. – 2022. – T. 12. – No. 8 (84). – pp. 2570 – 2583.
7. Ravochkin N. N. Transformations of communications in the digital world: philosophical analysis (part 1) // Eurasian Legal Journal. – 2023. – No. 12 (187). – pp. 496-498
8. Shevchenko L. V. Transformation of socio-political communication in the conditions of digitalization of society // Humanitarian of the South of Russia. – 2022. – T. 11 (58). – No. 6. – pp. 191-200.
PHILOSOPHY. RIGHT. SOCIETY
POKHILKO Alexander Dmitrievich
Ph.D. in philosophical sciences, professor, professor of Philosophy, law and social and humanitarian sciences sub-faculty of the Armavir State Pedagogical University
BAKLANOVA Olga Alexandrovna
Ph.D. in philosophical sciences, associate professor, associate professor of Philosophy and ethnology sub-faculty of the North Caucasus Federal University, Stavropol
BURKIN Dmitriy Olegovich
Ph.D. in philosophical sciences, Ph.D. in Law, associate professor of Environmental, land and labor law sub-faculty of the North Caucasus Federal University, Stavropol
MICROSOCIETY IN MODERN SOCIETY: EXPLICATION OF THE SOCIO-PHILOSOPHICAL ASPECT
To highlight the socio-philosophical aspect in the study of microsociety, the concept of autonomy is used, that is, self-law, self-legitimacy of small socio-cultural formations, which makes this formation a microsociety. Such a simple and at the same time important model of microsociety as a family is considered. As a result of considering the transformation of the modern family under the influence of transformations in the information society, it was concluded that the family changes many traditional functions, while remaining at the same time a very stable institution of Russian society, that is, an autonomous microsociety. It is discussed that the family exists as a spiritual integrity, bound by family values of a moral nature. The following criteria for an autonomous microsociety have been proposed: superposition of personal autonomies; self-determination; high degree of self-sufficiency; emotional connections; privacy; self-government and self-regulation; group identity; closure of collective information thesauri, etc. In the socio-philosophical aspect, the main contradiction of microsociety is the contradiction between autonomy and heteronomy. Such a contradiction is resolved through a dialogue between individuals and adequate social communication of the microsociety.
Keywords: microsociety, personality, family, autonomy, values.
Bibliographic list of articles
1. Aivarova N. S. Modern Russian family: diagnostics of solutions using game theory // Bulletin of the Yugra State University. – 2018. – No. 1 (48). – pp. 5-12.
2. Baklanov I. S., Baklanova O. A., Pokhilko A. D. Axiological guidelines and temporal references for the development of digital society // Bulletin of the Armavir State Pedagogical University. – 2021. – No. 4. – P. 136-144.
3. Baklanova O. A. Specificity of the study of collectivism as a basic type of social existence // Bulletin of the North Ossetian State University named after K. L. Khetagurov. – 2012. – No. 1. – P. 18-21.
4. Burkin D. O. Axiological dimension of the phenomenon of legitimation of power // Humanitarian and socio-economic sciences. – 2019. – No. 5 (108). – pp. 26-30.
5. Burkin D. O. The role of normative systems in the process of forming the phenomenon of legal consciousness // Kant. – 2019. – No. 1 (30). – pp. 153-157.
6. Evstifeeva E. A. Maykova E. Yu., Kozlov A. G. Privacy in the era of involvement // Power. – 2016. – T. 24. – No. 1. – P. 36-40.
7. Zaichenko A. A., Baklanova O. A., Makhrinova M. V. Analysis of the family as a social institution and community in the perspective of sociocultural research // Humanities and socio-economic sciences. – 2019. – No. 5 (108). – pp. 30-34.
8. Maykova E. Yu. Autonomy as a personal value // Power. – 2012. – No. 11. – P. 084-087.
9. Mikeeva O. A. Analysis of the paradigmatic foundations of the sociocultural approach in social cognition // Scientific thought of the Caucasus. – 2009. – No. 1 (57). – pp. 45-48.
10. Pokhilko A. D. The problem of autonomy of consciousness // News of higher educational institutions. North Caucasus region. Social Sciences. – 2005. – No. 1 (129). – pp. 7-13.
11. Toffler E. Future shock. – Moscow: AST, 2008. – 557 p.
12. Tyagunov A. A., Evstifeeva E. A., Maykova E. Yu., Kozlov A. G. Risks of personal space: privacy and information security // Bulletin of Tver State Technical University. Series: Social Sciences and Humanities. – 2013. – No. 2. – P. 11-16.
PHILOSOPHY. RIGHT. SOCIETY
FEDOTOV Vladimir Vladimirovich
assistant professor, Russian University of Transport (MIIT)
PHILOSOPHICAL REFLECTION ON THE CRISIS OF WORK MOTIVATION
The aim is to identify the integrated approach of effectiveness of labor motivation, first of all, solving the problem of increasing job satisfaction not only in the material, but also in the spiritual sphere of workers’ lives. The determinants of work motivation are considered at three interrelated levels: state, institutional and individual-personal. The analysis showed the relationship between the hierarchy of needs and the level of work motivation, based on the results of the analysis, a conclusion was made about the crisis of work motivation and the main causes of this crisis were identified. The theoretical and practical significance is that, the problems of the crisis of labor motivation in modern conditions are updated on the basis of a generalization of three interrelated levels: state, institutional and individual-personal.
Keywords: hierarchy of needs, crisis, levels of work motivation, values.
Bibliographic list of articles
1. Antonov Yu. Right to work // Arguments of the week. 2023. August 16.
2. Berdierov T. A., Ortikov E. Yu. The concept of motivation for work activity // Young scientist. 2016. No. 7.2 (111.2). pp. 83-86.
3. Dzhigkaev A. T. Motivational theory of D. McClelland and its role in personnel motivation // Education and Law. 2023. No. 2. P. 237-240.
4. Lamikhov Yu. B., Antonova O. G. TTheoretical approaches to the study of labor motivation of workers // News of higher educational institutions. Volga region. Social Sciences. 2018. No. 4 (48). pp. 71-80. DOI 10.21685/2072-3016-2018-4-8.
5. Mirzoyan V. A. Crisis of labor motivation: experience of philosophical analysis // Questions of philosophy. 2011. [Electronic resource]. – Access mode http://vphil.ru/index.php?option=com_content&task=view&id=420&Itemid=52 (accessed 12/20/2023).
6. Personnel motivation: textbook. manual: practical. assignments (workshop) / Yu. G. Odegov, G. G. Rudenko, S. N. Apenko, A. I. Merko. – Moscow: AlfaPress, 2010. – 640 pp.
7. Pronin V. Yu. Theoretical and methodological foundations of the concept of labor motivation in sociology // Medicine, Sociology. Philosophy. Applied research. – 2021. – No. 4. – P. 75-82.
8. Protasenya Yu. E. Theoretical foundations of the concept of “crisis” [Text] // News of the St. Petersburg State Economic University. – 2014. – No. 1. – P. 127-130.
9. Tracy Bryan. The science of motivation. – Minsk: Potpourri, 2019. – 240 pp.
10. Fedorova A. E., Chudinovskikh M. V., Borzenko E. I. et al. Transformation of labor relations: factors of social pollution. – Collective monograph. – Ekaterinburg: Yunika, 2019. – 178 p.
11. Chernavin Yu. A. Modern Russian society: from industrial to digital // Philosophical and methodological problems of research of Russian society: Sat. Proceedings of the IV International Scientific Conference. – Moscow: RUT, 2020. – P. 391.
12. Westerman Johan. Unequal involvement, unequal attainment? A theoretical reassessment and empirical analysis of the value of motivation in the labor market // Social science research. – 2018. – Volume 76. – Pp 169-185.
PHILOSOPHY. RIGHT. SOCIETY
FOMIN Andrey Alexandrovich
postgraduate student of Cultural studies and fine arts sub-faculty of the Shuya branch of the Ivanovo State University
THE REVIVAL OF RUSSIA’S CIVILIZATIONAL ETHOS: PROBLEMS AND PROSPECTS
The collapse of the USSR and the subsequent formation of modern Russia was accompanied by the loss of the traditional civilizational ethos – the basic universal ethical norms and values that serve as the “spiritual bonds” of civilization. The resulting mental vacuum turned out to be filled with neoliberal ideology – a genuine pseudo-morphosis for our country, which has turned into a testing ground for dismantling civilizational foundations. The result was the loss of national identity and the real threat of loss of sovereignty. The Ukrainian scenario has shown extraordinary results in the implementation of cultural intervention projects of the collective West. The need to avoid such a development of events dictated by the state authorities to make efforts to revive the lost ethos, which found expression both at the conceptual level and at the level of specific political decisions. However, the society was able to realize the need to return traditional ethical norms as a way of life only as a result of the existential aggravation, which was its own, which caused an axiological awakening in society. The launched processes need not only further state support, but also the spiritual mobilization of each member of society, which is especially facilitated not only by the education system, but also by the Church.
Keywords: civilizational ethos of Russia, ethics, moral values, existential aggravation, spiritual mobilization, clash of civilizations.
Bibliographic list of articles
1. Huntington S. Clash of Civilizations? // Policy. – 1994. – No. 1. – P. 33-48.
2. Spengler O. Decline of the Western World; Essays on the mythology of world history. – M.: “Alfa-Kniga Publishing House”, 2010. – 1085 pp.
3. Nicholas of Serbia (Velimirovich), saint. Spiritual revival of Europe. – M.: Pilgrim, 2006. – 448 p.
4. Losev A.F. Dialectics of myth. – M.: Pravda, 1990. – 429 p.
5. Direct line with Vladimir Putin. – [Electronic resource]. – Access mode: https://ru.sputnik.kg/20190620/russia-putin-translyaciya-pryamaya-liniya-1044757661.html (date of access: 02/08/2024).
6. Working group of IS RAS. Russian identity in the sociological dimension. Analytical report. Part 3 // Polis. – 2008. – No. 3. – P. 9-28.
7. Skvortsov L.V. Russia facing the problem of civilizational self-identification: an imperial complex or responsibility to the future? // Diagnosis of time as a problem of social theory and practice. – M.; Stavropol: INION RAS-SSU, 2006. – 304 p.
8. Fukuyama F. The End of History and the Last Man. – [Electronic resource]. – Access mode: https://geopolitikym.org/wp-content/uploads/2020/04/konec-istorii-i-posledniy-chelovek-fykyuama.pdf (date of access: 02/08/2024).
9. Shchipkov A.V. Theft of Russian identity // Scaffold: 1917-2017. Sat. articles. – M.: Probel-2000, 2015. – P. 3-39.
10.Belzhelarsky E. A. The collapse of liberal identity // Scaffold: 1917-2017. Sat. articles. – M.: Probel-2000, 2015. – P. 149-179.
11. Putin V.V. On the historical unity of Russians and Ukrainians. – [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/copy/66181 (date of access: 02/08/2024).
12. Balagurov O. A. Overcoming the challenges of secular globalism based on the patristic heritage in the context of the conflict of civilizations: dissertation… cand. cult. – Shuya, 2013. – 148 p.
13. Skvortsov K. A. Political protest of the Russian democratic opposition in the “Post-Swamp” period: analysis and characteristics // Bulletin of Omsk University. Series “Historical Sciences”. – 2016. – No. 4. – pp. 163-166.
14. Shchennikova K. Yu. Traditional values as a factor in the preservation and unity of modern Russia // Power. – 2017. – No. 1. – P. 159-164.
15. Constitution of the Russian Federation as amended in 2022. – [Electronic resource]. – Access mode: http://duma.gov.ru/news/55446/ (date of access: 02/08/2024).
16. Decree of the President of the Russian Federation of November 9, 2022 No. 809 “On approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values.” – [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/405579061/ (date of access: 02/08/2024).
17. Ilnitsky A. Antichrist as technology // Parliamentary newspaper. – 2024. – No. 5. – [Electronic resource]. – Access mode: https://www.pnp.ru/politics/antikhrist-kak-tekhnologiya.html (date of access: 02/08/2024).
18. Dugin A.G. SVO: year one. Paradigm change // Zavtra.Ru. – [Electronic resource]. – Access mode: https://zavtra.ru/blogs/svo_god_pervij_smena_paradigmi?ysclid=lsdjq7w4nd225278853 (date of access: 02/08/2024).
19. Balagurov O. A. Conflict of civilizations: a picture of the future in the context of overcoming archeomodernity through subpseudomorphosis // In the world of scientific discoveries. – 2013. – No. 1-3. – pp. 77-89.
20. Patriarchal sermon on the 35th Sunday after Pentecost after the Liturgy in the Cathedral of Christ the Savior // Russian Orthodox Church: website. – [Electronic resource]. – Access mode: http://www.patriarchia.ru/db/text/6100609.html?ysclid=lsdjzk1qhs237839590 (date of access: 02/08/2024).
PHILOSOPHY. RIGHT. SOCIETY
KHOKHLOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Public administration sub-faculty of the Institute of Social Sciences of the Irkutsk State University
SOCIAL CONSENT IN THE CONTEXT OF NATIONAL SECURITY
The author substantiates the need to form a model of social harmony, which is a set of funda-mental values of modern Russian society, as the basis for the balance and stability of the social system, preserving its identity and unity, sovereignty, territorial integrity , which in essence represents a system for ensuring national security in modern Russia. The author provides an analysis of approaches to understanding national security and assesses the effectiveness of their application in the realities of our time.
Keywords: model, public consent, fundamental values, society, social system, national interests, national security, national consolidation.
Bibliographic list of articles
1. Ageeva E. A. Consolidation of society as a political phenomenon // Politics and political science: current perspective / General. ed. I. A. Batanina, M. Yu. Mizulina. – Moscow – Tula, 2005. – P. 11.
2. Velikaya N.M. Problems of consolidation of society and power // Socis. – 2005. – No. 5. – P. 60-71.
3. Gaman-Golutvina O. V. Regional elites of Russia: personal composition and evolutionary trends (I) // Polis. – 2004. – No. 2. – P. 6-19.
4. David Easton. Approach to the analysis of political systems // Bulletin of Moscow University. Ser. 12. Political sciences. – 2015. – No. 5.
5. Kuznetsov V. N. On the sociological meaning of the ideology of consolidation: geocultural aspect // Security of Eurasia. – 2003. – No. 3 (13). – P. 7-47.
6. Nugaev M. A., Nugaev R. M. Public ideology as a factor in the formation of civil society // Social and humanitarian knowledge. – 2003. – No. 4. – P. 120-129.
7. Mau V. Intelligentsia, history and revolution // New world. – M., 2000. – No. 5.
8. Popov M. Yu. Socialization of personality in conditions of deideologization: in search of the ideology of consolidation // Social and humanitarian knowledge. – 2004. – No. 6. – P. 63-78.
9. Levashov V.K. Moral and political consolidation of Russian society in the conditions of neoliberal transformations // Sotsis. – 2004. – No. 7. – P. 27-45.
10. Khokhlova O. M. Dichotomy “agreement-disagreement” in the social sphere (philosophical and methodological analysis). Author’s abstract. …cand. Philosopher Sciences: 09.00.11: Moscow State Technical University named after. N. E. Bauman. – M., 2013. – 22 pp.
11. Khokhlova O. M. Public consent in the socio-political sphere of modern timesnew society. – Krasnoyarsk: Sib. federal University, 2016. – 176 pp.
12. Khokhlova O. M. Protest movement in modern Russian society (taking into account regional characteristics). – Krasnoyarsk: Sib. federal University, 2013. – 136 pp.
13. Khokhlova O. M. Social protest as a manifestation of disagreement // Humanitarian Bulletin of MSTU. N. E. Bauman. – 2023. – No. 2 (98).
14. Yadov V. A. Solidarity of Russians in everyday life and on a national scale // Society and Economics. – 2002. – No. 12. – P. 94.
PHILOSOPHY. RIGHT. SOCIETY
GUSEV Valeriy Sergeevich (Bishop Filaret)
Clergyman, lecturer of the Nizhny Novgorod Theological Seminary, Kozma Minin Nizhny Novgorod State Pedagogical University
THE ORIGINALITY OF THE VIEWS OF N. A. BERDYAEV AND I. A. ILYIN ON MAN
This article examines the features of the anthropological views of two of the largest Russian thinkers of the end of the XIX – first half of the XX centuries – N. A. Berdyaev (1874-1948) and I. A. Ilyin (1883-1954). It is noted that the problem of the essence of a person, his place in the world and purpose occupies the main place in their work. Both philosophers did not aim at building a systematic anthropology, were based on their own experience and reflection, and also considered the essence and purpose of man in his religious dimension. I. A. Ilyin, unlike N. A. Berdyaev, tried to bring his ideas to logical completeness, clarity. If, according to I. A. Ilyin, faith lies at the center of a person’s life as the beginning that determines the whole being, nature and destiny of a person, then N. A. Berdyaev considers a person as a being called to creative self-realization, and thereby revealing the personal beginning in himself.
Keywords: I. A. Ilyin, N. A. Berdyaev, man, anthropology, existentialism, spirituality, philosophy, religiosity.
Bibliographic list of articles
1. Asanova L. I. The doctrine of man in the Russian theological and philosophical tradition: “Pneumatic actology” by I. A. Ilyin as a doctrine of the personal “spiritual activity” of man. – N. Novgorod: NSPU, 2010. – P. 284-290.
2. Berdyaev N. A. I and the world of objects. Experience of the philosophy of loneliness and communication // Philosophy of the free spirit. – M., 1994. – 479 p.
3. Berdyaev N. Konstantin Leontiev. Essay on the history of Russian religious thought. Alexey Stepanovich Khomyakov. – M.: AST, Guardian, 2007. – 445 p.
4. Berdyaev N. A. Sub specie aeternitatis. Philosophical, social and literary experiments (1900-1906). – M.: Canon +: Rehabilitation, 2002. – 655 p.
5. Berdyaev N. A. On the purpose of a person. Experience of paradoxical ethics. – M.: Amrita, 2019. – 460 pp.
6. Berdyaev N. A. The meaning of creativity. The experience of justifying a person. – M.: Amrita, 2022. – 448 p.
7. Dudina I. A. I. A. Ilyin: metaphysical foundations of human existence // Bulletin of the Murmansk State Technical University. – Murom, 2002. – T. 5. No. 3. – P. 329-342.
8. Ilyin I. A. The path of spiritual renewal // Why we believe in Russia. – M.: Eksmo, 2006. – 480 p.
9. Ilyin I. A. Theory of law and state. – M.: Zertsalo, 2008. – 552 p.
10. Ilyin I. A. Axioms of religious experience. – M.: Academic Project, 2022. – 639 p.
11. Ilyin I. A. Philosophy and life // Sofia. Problems of spiritual and cultural and religious philosophy. – Berlin, 1923. – 190 p.
PHILOSOPHY. RIGHT. SOCIETY
SHEVALOV Semyon Vladimirovich
postgraduate student of Philosophy, economics and law sub-faculty of the Faculty of History of the V. P. Astafjev Krasnoyarsk State Pedagogical University
SYNTHESIS OF MARXISM WITH OTHER SOCIO-PHILOSOPHICAL DOCTRINES: OPPORTUNITIES AND PROSPECTS
The article attempts to highlight the possibility of combining the historical-materialistic concept with other philosophical trends. Most modern researchers of this philosophical concept agree that the original existence of historical materialism in the context of the development of modern socio-philosophical knowledge will be impossible without attempts to merge with other theories and trends. Based on this, based on the analysis of previous scientific literature, as well as the general structure of individual philosophical directions, the author determines that historical materialism has prospects for synthesizing its own philosophical potential with the possibilities of such socio-philosophical directions as positivism, psychoanalysis, existentialism, postmodernism, as well as pragmatism. The results of the presented research show that the synthesis of Marxism with other trends provides prospects not only for the creation of new philosophical theories, but also creates the ground for the expansion of the methodological apparatus. All this will make it possible to become the basis forthe disclosure of philosophical potential and new research opportunities not only for historical materialism itself, but also for other philosophical movements.
Keywords: historical materialism, Marxism, neo-Marxism, synthesis, positivism, psychoanalysis, existentialism, postmodernism, pragmatism.
Bibliographic list of articles
1. Batyaev R. A., Izergina V. P. Marxism and postmodernism: conflict or cooperation? // Contentus. – 2019. – No. 6 (83). – P. 1-13.
2. Bystrov V. Yu., Dudnik S. I. On existential motives in the philosophy of K. Marx. // Bulletin of RUDN University. Series: PHILOSOPHY. – 2018. – T. 22. – No. 4. – P. 397-406.
3. Vasyukov, O. V. Is a creative synthesis of the ideas of Marxism and pragmatism possible? // Bulletin of the Vyatka State Humanitarian University. – 2009. – No. 1 (4). – pp. 30—34.
4. Grinin L. E. Historical materialism in Western Marxism. Reflections on the fate of the concept // Questions of Philosophy. – 2018. – No. 10. – P. 90-101.
5. Komissarov I. I. G. Spencer and F. Engels: two models of the origin and essence of government. // Humanitarian Bulletin (MSTU named after N. E. Bauman). – 2016. – No. 4. – P. 1-13.
6. Mokshantsev L.V. Synthesis of Freud and Marx: the first Freudo-Marxists. // Humanitarian Bulletin (MSTU named after N. E. Bauman). – 2014. – No. 9 (23). – P. 1-10.
7. Porus V.N. What is common between the Marxist “dialectics of knowledge” and Lakatos’ “refined falsificationism”? // Epistemology and philosophy of science. – 2018. – T. 55. – No. 3. – P. 35-40.
PHILOSOPHY. RIGHT. SOCIETY
FARKHUTDINOV Linar Ilshatovich
Ph.D. in philosophical sciences, independent researcher
IGNORAMUS ET IGNORABIMUS: THE PROBLEM OF THE CAPITALIST CRISIS IN RESPECT OF THE METHODOLOGY OF SCIENCE
The article considers the situation of the year 2007, when the economic mainstream was first proving the impossibility of the crisis, and later, facing the fact, rejected to explain it and proclaimed the crisis to be unknowable. At the same time economic science has a developed model of capitalist crisis based on the labor theory of value by Karl Marx, which both explains and predicts crisis, but his theory is not even considered. The author analyzes this situation as an example proving the historical, social and class determination of scientific knowledge, i.e. the correctness of the postpositivist understanding of science by Thomas Kuhn, as well as the correctness of understanding science as a part of mental production (geistige production), that is subordinated to the owners of the material production.
Keywords:economic crisis, scientific paradigm, scientific revolution, mental production, ideology, postpositivism.
Bibliographic list of articles
1. Marx K. “Capital”. – M.: Gospolitizdat, 1949. – 794 p.
2. Clark, Simon. Marx’s theory of the crisis, 1994. https://marxismocritico.files.wordpress.com/2011/12/marxstheoryofcrisis.pdf (access date: 12/13/2023).
3. Lucas, Robert R. Macroeconomic priorities // The American Economic review, March 2003. [Electronic resource]. – Access mode: https://pages.stern.nyu.edu/~dbackus/Taxes/Lucas%20priorities%20AER%2003.pdf (access date: 12/13/2023).
4. Remarks by Governor Ben S. Bernanke at the meetings of the Eastern Economic Association. – Washington, DC, February 20, 2004. – The Great Moderation. [Electronic resource]. – Access mode: https://www.federalreserve.gov/boarddocs/speeches/2004/20040220/ (access date: 12/13/2023).
5. “This is how we let the credit crunch happen, Maam” // The Guardian, 07.26.2009. [Electronic resource]. – Access mode: https://www.theguardian.com/uk/2009/jul/26/monarchy-credit-crunch (accessed 12/13/2023).
6. Cassidy John, Interview with Eugene Fama // The New Yorker, 01/13/2010. [Electronic resource]. – Access mode: https://www.newyorker.com/news/john-cassidy/interview-with-eugene-fama (access date: 12/13/2023).
7. Mankiw, Gregory. Trying to Tame the Unknowable // The New York Times, March 28, 2010. [Electronic resource]. – Access mode: https://scholar.harvard.edu/files/mankiw/files/trying_to_tame.pdf (access date: 12/13/2023).
8. Edward E. Leamer. Tantalus on the road to Asymtopia // Journal of Economic Perspectives. – Volume 24. Number 2. Spring. – 2010. – P. 31-46. [Electronic resource]. – Access mode: https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.360.48&rep=rep1&type=pdf (access date: 12/13/2023).
9. Grossman, Henryk. The law of the accumulation and breakdown of the capitalist system [Das Akkumulations – und Zusammenbruchsgesetz des kapitalistischen Systems (Zugleich eine Krisentheorie), (Hirschfeld, Leipzig, 1929]. [Electronic resource]. – Access mode: https://www.marxists .org/archive/grossman/1929/breakdown/index.htm (date ofExpansion: 12/13/2023).
10. Smith, Murray E.G. Invisible Leviathan. Marx’s Law of Value in the Twilight of Capitalism. – Leiden Boston: Brill, 2019. – 369 p.
11. Smith, Murray & Butovsky, Jonah. (2012). Profitability and the Roots of the Global Crisis: Marx’s ‘Law of the Tendency of the Rate of Profit to Fall’ and the US Economy, 1950-2007 // Historical Materialism. – 20. – P. 39-74. 10.1163/1569206X-12341273.
12. Carchedi, G., & Roberts, M. (2013). Marx’s Law of Profitability: Answering Old and New Misconceptions // Critique. – No. 41 (4). – P. 571-597. [Electronic resource]. – Access mode: https://doi.org/10.1080/03017605.2013.876811 (access date: 12/13/2023).
13. Kuhn Rick. Marxist crisis theory to 1932 and to the present: reflections on Henryk Grossman’s “Fifty years of struggle over Marxism”/ Society of Heterodox Economists Conference University of New South Wales, Sydney, 2-3 December 2013. [Electronic resource]. – Access mode: https://openresearch-repository.anu.edu.au/bitstream/1885/11086/1/Kuhn_MarxistCrisisTheory2013.pdf (access date: 12/13/2023).
14. Mattick, Paul. Economic crisis and crisis theory, 1974. [Electronic resource]. – Access mode: https://www.marxists.org/archive/mattick-paul/1974/crisis/ch01.htm (access date: 12/13/2023).
15. Kuhn T. Structure of scientific revolutions. – M.: ed. AST, 2003. – 605 p.
16. Marx K., Engels F. “German Ideology” // Karl Marx, Friedrich Engels. Works: in 50 volumes, Vol. 3. – Moscow: Gospolitizdat, 1955. – 630 p.
REVIEW
LATYPOV Vadim Sagityanovich
Ph.D. in Law, associate professor, Deputy Head of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
A PERSON IN RESPECT OF WHOM A CRIMINAL CASE HAS BEEN SEPARATED INTO ASEPARATE PROCEEDING IN CONNECTION WITH THE CONCLUSION OF A PRE-TRIAL COOPERATION AGREEMENT WITH HIM: THEORETICAL, LEGAL AND LAW ENFORCEMENT ANALYSIS (REVIEW OF THE OFFICIAL OPPONENT ON I. A. KOSAREVA’S DISSERTATION SUBMITTED FOR THE DEGREE OF CANDIDATE OF LEGAL SCIENCES IN THE SPECIALTY 5.1.4. CRIMINAL LAWS SCIENCES)
The official opponent gave a positive review of the work prepared on a topic relevant to criminal procedural theory and law
enforcement activities related to improving the legal status of a person in respect of whom the criminal case was separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him. Having positively noted all the basic points and analyzed each structural element of the research, which essentially confirms the claim of the applicant that he really made a significant contribution to the development of the criminal procedure industry and solved a major scientific problem, the opponent emphasizes that the dissertation proposals enrich the theory and the practice of criminal proceedings, are distinguished by the depth of theoretical research, and have a clear and clearly thought-out design. The provisions submitted for public defense indicate the comprehensiveness of the research, but at the same time, it highlights a number of controversial issues that require additional clarification.
Keywords: opponent, participant, criminal process, promotion of justice, separation of a criminal case, legal status of a person.
Bibliographic list of articles
1. Gurshumov I.P. Pre-trial cooperation agreement – deal with justice? // Legality. 2010. No. 4 (906).
2. Latypov V.S. Providing assistance to other participants in criminal proceedings provided for by Chapter 8 of the Code of Criminal Procedure of the Russian Federation: monograph. Moscow: Yurlitin-form, 2018.
3. Vorsina A.I. Pre-trial agreement on cooperation as a type of “deal with justice”: issues // Theology. Philosophy. Right. 2018. No. 2 (6).
4. Kaygarodova Yu. E., Suvorova A. A. On the issue of the relationship between the pre-trial agreement on cooperation with the institution of a transaction with justice // Bulletin of the Omsk Legal Institute. 2011. No. 1 (14).
5. Kosareva I. A. Evidentiary value of the testimony of a person against whom the criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him // Eurasian Legal Journal. 2022. No. 10 (173).
6. Kosareva I. A. Is the lack of criminal liability for “perjury” justified? a person who entered into a pre-trial cooperation agreement at the time of his participation in the main proceedings after the separation of the criminal case? // Eurasian legal journal. 2022. No. 1 (164).
7. Latypov V.S. Assistance to justice as an independent criminal procedural function // All-Russian Criminological Journal. 2021. T. 15. No. 6.
8. Sorokina I.A. On some issues of regulation of the fundamental rights and freedoms of a person in respect of whom the criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him // News of Tula State University. Economic and legal sciences. 2021. No. 1.
9. Sorokina I. A. The main responsibilities of a person against whom a criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial agreement on cooperation with him in accordance with the provisions of criminal procedural legislation // Bulletin of Economic Security. – 2022. – No. 4.
10. Sorokina I. A. On the key aspects of the formation of a procedural subject in Russian criminal proceedings – a person against whom the criminal case has been separated into separate proceedings in connection with the conclusion of a pre-trial cooperation agreement with him // Bulletin of Economic Security. 2020. No. 5.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
6,122 ВСЕГО, 24 СЕГОДНЯ