CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №2(189)2024
PERSONA GRATA
V. P. Salnikov:
The legendary path from the OKD (Operational Komsomol Detachments) to the St. Petersburg University of the MIA of Russia and beyond – an era of a lifetime and an edification for future generations
Interview with Viktor Petrovich Salnikov, Ph.D. in Law, professor of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation, State Adviser of Justice of the first class, Honored Scientist of the Russian Federation, Honorary Worker of higher professional education of the Russian Federation, retired police Lieutenant General, academician of the Russian Academy of Natural Sciences (RANS).
EURASIAN INTEGRATION
Khalipov S. V.
Participation of non-governmental bodies in public law regulation of foreign trade in goods
INTERNATIONAL LAW
Dubrovina A. N., Fantrov P. P.
The legal nature of the international criminal tribunal for the former Yugoslavia: estne legalis?
Klyachin V. M.
International legal problems of response to the emergence and spread of epidemics
Lebedeva Ya. I.
Dualism of international and domestic law in the practice of Ireland and Germany
Mkrtchyan G. Ya.
Cultural rights of indigenous peoples as the basis of their identity
Ermolina M. A., Nikiforova E. N., Tarkanova T. S.
Prospects for international legal interaction in the field of environmental safety in the Eurasian space
Nutsalkhanov G. N.
Control and verification system under the Rarotonga Agreement
Mkrtchyan G. Ya.
Cultural rights of indigenous peoples: theory and practice
Xu Jinlin, Davydova M. V.
The influence of international non-governmental organizations on international law
Mishalchenko M. Yu.
International legal and economic aspects of energy cooperation between the Russian Federation and India in the BRICS system
INTERNATIONAL PRIVATE LAW
Pikunova A. A.
Respect for national interests in the cross-border transfer of rights to the secret of production
Tokarev R. Yu., Borisenko N. S., Glinshikova T. V.
Conflict of laws and substantive regulation of international labor relations
Ibrakhim M. M., Glinshchikova T. V., Petrovskiy V. A.
The impact of codification of the norms of private international law on the development of modern conflict-of-laws regulation of private cross-border relations
EUROPEAN LAW
Lebedeva Ya. I.
Delegation of powers to the European Union in the practice of the Danish Supreme Court
Chernobaev S. V.
Examining the evolution of digital markets and the significance of applying Article 102 to safeguard competition
INTEGRATION LAW
Nakryzhskaya V. A.
Reflection of ESG principles in industrial policy of the European Union, Eurasian Economic Union and the People’s Republic of China
COMPARATIVE LAW
Izralovskiy N. R., Petrova A. S.
Digitalization of civil proceeding in BRICS countries: Brazilian and South African experience
THEORY OF STATE AND LAW
Abyzova E. R.
The development of the information component of civil society
Baskakova E. V., Tebryaev A. A.
Transformation of the institution of tort liability in the context of the development of artificial intelligence
Bisyarina A. N.
Activities of the Russian Federation to counter trafficking in minors in the period from 2000 to the present (historical and legal research)
Gindullin N. F., Kadyrova G. F.
Relationship between the concepts of “responsibility” and “punishment” in jurisprudence
Gorbunov M. D.
The basis of the discourse about the place of the human in legal regulation
Petrogradskaya A. A., Skvortsov D. S.
Formation of the legal culture of citizens as a priority of the legal policy of modern Russia
Salnikov V. P., Chayka V. N., Prokofjev K. G.
Towards the anthropology of law: transformations of modernity and new perspectives of legal consciousness
Skudarnov A. S.
About industry types of legal responsibilities
Shogenov T. M., Kuchmezov A. N., Burayeva L. A.
Current problems of countering information threats in educational institutions
Yakovlev M. V., Nikonov D. A., Avramov S. O.
Legal culture as a determinant of the effective application of legal incentives and restrictions
Abyzova E. R.
Modern «information revolution» and its importance for the formation of the rule of law in the information society
Vershinina M. K., Ruzavina E. Yu.
Legal conformity: negative and positive aspects
Kovalenko N. E.
Modern legal consciousness of the individual: an empirical study
Kulieva A. M.
Technical norms: essence and place in legal regulation in the context of digitalization
Makulova A. O.
Legal responsibility in the context of the formation of a digital society
Toldiev K.-M. B.
The role of judicial practice in the mechanism of improving legislation in the field of insolvency (bankruptcy)
Chayka Yu. V.
On the problem of determining the legal status of animals in Russian law
HISTORY OF STATE AND LAW
Butov S. V.
On the role of Special departments of the NKVD of the USSR in ensuring the legal status of military personnel during the Great Patriotic War
Vositov Kh. A.
Perceptions of human rights in the Persian-Tajik legal culture
Egorov A. M., Egorov I. A.
Retrospective analysis of the formation of the institution of criminal law measures in the history of domestic legislation
Klimov A. Yu., Salnikov A. S.
Organization and activity of the regular Moscow police in the second quarter of the XVIII century
Furman T. G.
Political and legal views of N. G. Chernyshevsky
Furman F. P.
The law of modern Russia from the position of axiology
Gulyaeva T. B., Gnetova L. V., Karpukova A. A.
Conditions of marriage under the legislation of certain Scandinavian countries in the XIX century
Krasilnikov S. V.
Sources and contradictions in the study of the police reform of Catherine II
Furman T. G.
The influence of European Freemasonry on Russian Freemasonry, political and legal aspect
Furman F. P.
Views and conceptual differences of Westerners and Slavophiles in law and politics
Gnetova L. V., Gulyaeva T. B., Karpukova A. A.
Obstacles to marriage under the law of certain Scandinavian countries and Germany in the XVIII-XIX centuries
Bobomurod A. V.
Participation of citizens in the administration of justice in Tajikistan during the Soviet period
Mutigullin A. V.
Restoration and strengthening of the Soviet and party organs of the Ukrainian and Byelorussian SSR, as one of the tasks in the fight against the fascist-nationalist underground (1944-1945)
CONSTITUTIONAL LAW
Gadisov D. R., Denikaeva S. E.
Organization of public prosecutor’s supervision over the observance of economic rights of citizens
Ivleva Yu. I.
Information and communication technologies for realization of the constitutional principle of environmental education
Mamoshin V. I.
New generations of human rights and their constitutional regulation
Fantrov P. P., Dubrovina A. N.
Modernization of legislation, regulating the status of the committee for human rights in Russian Federation
Yarikov M. M., Radjabova E. Sh.
The problem of interaction between the institution of the president and the branches of government in the Russian legal system
Shakhmuradov A. R.
Concerning the interrelation of categories constitutionalism, parliamentarism and presidentialism
ADMINISTRATIVE LAW
Byshkov P. A.
Legal problems of the development of the Arctic and the Far East
Dudaev A. B., Tkachenko V. V., Demchenko N. V.
Commissions on juvenile affairs and protection of their rights in the system of subjects of administrative jurisdiction
Kamenev M. A.
Features of administrative responsibility for the dissemination of extremist materials
Ostanina A. M., Pavlov N. V.
Control and supervision as the main ways to ensure legality in administrative and public activities
Sidorov S. A., Sakhno V. P., Kirkitsa A. A.
Liability of legal entities for violation of the rules of navigation when transporting catches of aquatic biological resources
Byshkov P. A.
Legal aspects of business protection in the field of control and supervisory activities
Toryanikova I. V.
Current issues of administrative coercion: the concept and features of its application
ADMINISTRATIVE JUDICIARY
Mitashova A. A., Ivanenko I. N.
On the issue of the possibility of proving negative facts in administrative proceedings
CIVIL LAW
Buzova N. V.
Are the rights of the phonogram manufacturer sufficient to use musical compositions on the Internet?
Zinkov E. N., Kitaeva A. V., Kornienko M. A., Kruglova A. V.
Violations of the legal foundations of medical activity in the field of cosmetology
Izuymov I. V.
The legal nature of artificial intelligence as an object of intellectual property law
Kalyatin V. O.
Modification of software and databases: conflict situations and ways to resolve them
Kolesnikova M. M., Maksimova E. V., Mishina E. V., Sachenko A. L.
Electronic form of transactions and smart contract: specifics of civil law regulation and application in contract practice
Mashkova A. D., Nikolaenko E. D., Tagantseva V. S.
Digital ruble: features of theoretical understanding as a digital form of the Russian national currency and determining its place in the system of objects of civil rights
Sefikurbanova R. M., Gaybatova K. D.
The problem of protecting the rights of «citizen investors» in the bankruptcy of developers
Storozheva A. N., Dadayan E. V.
Current aspects of invalidation of the transaction in the case of the division of jointly acquired property of spouses
Cherdakova L. A.
Protection of non-property rights of citizens in the context of analyzing the position of the Supreme Court of the Russian Federation
Yastremskiy I. A.
Patient’s rights under a contract for the reimbursable provision of medical services in a plastic surgery clinic
Krivitskaya Yu. S.
Intellectual property rights in modern Russia
Yastremskiy I. A.
The obligations of the patient under the contract for the provision of paid medical services in the plastic surgery clinic
Wang L.
Features of state protection of children left without parental care in China
Dyuzhenkov N. A.
About the problems of foreclosure of the only residential property in the context of a personal bankruptcy
Kritskiy A. D., Bogatyrev I. R.
Account inheritance in social networks and computer games
Selimova E. R.
Actual problems of the legal status of persons involved in the case in civil and arbitration proceedings
CIVIL PROCESS
Vorontsova I. V., Kolobynina E. A.
The use of artificial intelligence technologies in contract production as the first stage of its implementation in the civil process
Trunov I. L.
Does the current form of property seizure counteract corruption?
Arslankhanova A. I.
Grounds for revocation or amendment of the decision (ruling) of the court of first instance
Pestova K. A.
The history of the transformation of the principle of publicity of the civil process
Ryazantsev M. Yu.
Compatibility of arbitration agreements under the ICC Arbitration Rules
FAMILY LAW
Kudryavtseva L. V., Tsareva E. D.
Features of challenging the marriage contract of the spouses in the bankruptcy procedure
FINANCIAL LAW
Anokhin N. E.
To questions on the legal status of a financial intelligence unit
Farikova E. A.
Financial activity as a way to realize the financial-legal status of subjects
Kharin A. K.
On the legal factors hindering to counter hybrid mismatch arrangements in the Russian Federation
TAX LAW
Guryanov A. V. Petrogradskaya A. A.
The pros and cons of introducing digital technologies into tax law
ENTREPRENEURIAL LAW
Artsytov N. A., Abramov K. D., Kot M. K.
ESG agenda as an actual strategy for the development of the corporate culture of the organization
INFORMATION LAW
Davudova S. Ya., Ragimhanova K. T.
Electronic document flow in high school: legal regulation
LAND LAW
Karakov V. A., Moroz N. A.
Legal regulation of real estate and cadastral systems in the Russian Federation and abroad: comparative analysis
ECOLOGICAL LAW
Abanina E. N.
Legal conditions for the formation and implementation of the concept of sustainable development of forestry in Russia
Khayredinov V. A.
Trends in the development of the institution of legal liability for environmental offenses in the context of sustainable development
CRIMINAL LAW
Amirova D. K., Nabiev V. V., Umatkulova R. R., Zimin N. V.
Concepts and theories of responsibility for “failed complicity” in a crime
Vanyashin I. S., Pavlov D. V.
Legal aspects of illegal movement of firearms
Ganieva I. A.
Types and methods of fraud committed remotely
Efremova O. S.
On some current trends in crimes committed using information and telecommunication technologies and their prevention
Zorina E. A., Sharapov R. D., Vakhmistrova S. I.
Decriminalization of the destruction or damage of property due to negligence by increasing the large size of the crime: assessment of the legislative initiative
Osadchaya N. G.
Illegal activity for the repayment of overdue debts of individuals: legal analysis
Nekrasov A. P., kraskovskiy Ya. E.
Legal assessment and problems of socialization in Russia of migrant workers from Central Asian countries
Pirova R. N.
Commission on juvenile affairs
Pisarevskaya E. A., Dvorzhickaya M. A., Malanjin A. A., Saveljeva D. E.
Trash streaming: problems of criminal law regulation
Sokolova T. S., Imaeva Yu. B.
Current issues of interaction between investigative units and investigative bodies during investigations of fraud committed using information and communication technologies
Suleymanov S. K.
Crime prevention in the field of entertainment commercial competitions
Tingaeva I. V., Fayrushina R. D.
On improving the conduct of investigative actions in the investigation of criminal cases, using technical means
Shadrina E. S.
Problems of determining the criminal legal status of certain categories of subjects of crime under Article 200.4 of the Criminal Code of the Russian Federation
Yablonskiy K. A., Chenchikovskiy A. D.
Characteristics of persons involved in illegal arms trafficking
Larionov P. A.
Stages of criminal law interpretation: judicial algorithm
Vasiljeva D. V.
Problems of determining objective signs of fictitious bankruptcy
Elovikova Yu. S.
The evolution of crimes against the person in Russian criminal law of the pre-revolutionary period
Korpeev A. G.
The state and dynamics of crimes committed using information and telecommunication networks (technologies) and in the field of computer information in the Russian Federation and Turkmenistan
Libenzon E. L.
Gaps in legislation on the confiscation of cars as an instrument of crime in smuggling (based on the example of judicial practice in the Trans-Baikal Territory)
Mustafazade R. Sh.
Features of the subjective side of the crime provided for in article 236 of the Criminal Code of the Russian Federation
CRIMINAL PROCESS
Abdrashitov V. M., Kakhkhorov D. G.
The procedural model of interaction between the prosecutor and the investigator at the presentation of charges
Gonnov R. V.
The role and importance of operational-search activities carried out by the internal affairs bodies
Kvasnitsa S. E., Biryukov S. Yu.
The concept, essence and content of involving a person as an accused
Milikova A. V., Yakovleva L. A.
On approaches to the definition of the concept of a criminal case and the consistency of its materials
Polikarpova O. S.
The validity of suspicion and its increase as a condition for entering into the status of a suspect and the admissibility of criminal prosecution before the completion of pre-trial proceedings in the case
Popenkov A. V., Nuikin S. Yu., Dobrinskiy V. A.
The activities of the investigator to collect and establish the circumstances conducive to making a decision on the initiation of a criminal case on the grounds of the corpus delicti provided for in Article 314.1 of the Criminal Code of the Russian Federation
Shapovalova T. I.
The use of cognitive interview in criminal proceedings
CRIMINALISTICS
Vinnichenko A. S., Grinchenko S. V.
Features of inspection and preliminary examination of mechanical locks at the scene
Dolgushina L. V.
Explosive devices as research objects in forensic explosive engineering
Kabakova E. S., Litvinov R. V.
Features of the investigation of crimes involving explosive devices and explosives
Kadiev G. R., Sefikurbanov K. S.
Search and seizure as investigative actions
Lonshchakova A. R.
Theoretical and methodological foundations of criminalistic crime prevention in the context of digital transformation of society
Mustafina G. M.
On the limits of using the testimony of operational staff as evidence
Popov V. A., Suleymanov T. A.
Search and cognitive activity of the investigator at the stage of preliminary investigation
Sedov D. V., Dolgushina L. V.
The amount of property liability for accidents occurring in the areas being repaired: the problem of determining and solving the way
Klyueva Yu. A.
Expansion of the conceptual and terminological apparatus of forensic examination of psychoactive substances as a form of concretization of the subject of cognition
CRIMINOLOGY
Stupina S. A.
Some features of the drug situation in modern conditions (on the example of the Krasnoyarsk Territory)
Tailova A. G., Askhabarova M. E., Abakarova B. G.
Criminological characteristics of iatrogenic crime and the main directions for its prevention
LAW ENFORCEMENT AGENCIES
Valiakhmetov R. R., Ulrich S. A., Samikov A. Z.
Problematic aspects of ensuring the personal safety of an internal affairs officer when using firearms
Gabdrashitova K. I., Lazarevich M. V., Kuchumov D. V., Bormotov I. V.
Modeling of individual requirements for employees of the department of internal affairs who carry out state protection, using the example of physical training of other special units
Guseynov A. A., Shabaev V. V., Baykalov V. A.
Methodological material for teaching tactics of police officers in the conditions of attack by unmanned aerial vehicles
Daminov A. A., Shokhin V. E., Podkovka S. V.
Psychological barriers when preparing to shoot during fire training classes
Zabolotnykh A. A., Imangazhinov D. T., Nikerov D. I.
Standard factors influencing the results of shooting exercises in fire training for students in educational organizations of the Ministry of Internal Affairs of Russia
Guseynov A. A., Shabaev V. V., Baykalov V. A.
Methodological material for teaching tactics of police officers in the conditions of attack by unmanned aerial vehicles
Nikitin A. I., Arkhipov E. V., Pesterev N. N.
On the issue of innovations in the fire training of law enforcement officers
Nikolaev N. Yu., Afanaskin P. V., Alexeev A. M.
Problematic issues of the use of firearms by police officers of the Ministry of Internal Affairs of Russia
Petrov P. S. Cherneykin P. P. Arkhipov S. N.
Problems of training employees of internal affairs bodies in practical skills in handling firearms. Methodology for developing employee readiness to use service weapons
Sobolev A. G., Davletov V. I., Imangazhinov D. T.
On the problems of ensuring information security of employees of internal affairs bodies
Muzafin R. R., Vyshtikalyuk V. F., Nikiforov P. V.
Professional qualities of a police officer of the Ministry of Internal Affairs of Russia
Yakushev A. V., Kuzmichev Yu. V., Vinokurov V. N.
Use of ballistic calculators in training free sniper team
SECURITY AND LAW
Anisimov S. L., Sitnikov K. A.
On the issue of the concept of «crimes in the field of high technology»
Murtazin A. I., Zaytsev A. G., Kovalev T. V.
Protection of critical information infrastructure as an element of the national security of the Russian Federation
Poziy V. S.
Why is a new law «On forensic activities» needed? (Part 1)
Chernozemova Ya. V., Demidov V. P.
The main directions of countering international terrorism in the concept of national security of the Russian Federation
Jamalov D. M., Jamalova R. I.
Extremism and extremist activities
PEDAGOGY AND LAW
Amelichkin A. V.
Patriotic education of the young generation in cultural institutions
Glubokiy V. A., Khakimov E. R., Marchenko K. S., Boloban M. L.
The use of interactive teaching methods in the training of cadets and students of universities of the Ministry of Internal Affairs of Russia
Zorina N. S.
Aspects of the formation of spiritual and moral values among juvenile convicts in the process of educational activity
Kurapina E. V., Soloukhina E. V.
Realization of the volunteer potential of the Orel region: problems and prospects
Popova A. A., Savushkin V. V., Mikhaylov N. V.
The role of emotional and volitional qualities in personality development
Filimonov R. N., Kubeev A. Zh., Yakushev E. V.
Development of professionally important motor skills of cadets and students of the educational organization of the Ministry of Internal Affairs of Russia
Khorolskiy V. V., Khamitov A. R., Dudkin Yu. A., Ulanov N. D.
The use of a game approach in the training of cadets and students of universities of the Ministry of Internal Affairs of Russia
Tsarkova E. G., Zorina N. S.
Determinants of juvenile delinquency and personality characteristics of a juvenile offender
PSYCHOLOGY AND LAW
Romanovskaya I. V.
Psychological features of judicial activity in the consideration of criminal cases
Khatuaev M. O., Yariy M. I., Litvinenko A. A., Vafin V. V.
Professional communication of police officers
Khorolskiy V. V., Khamitov A. R., Kolbyshev P. R., Sharafutdinov I. S.
Methods of educational work used in Temporary detention centers for juvenile offenders at the Ministry of Internal Affairs
STATE AND LAW
Minakоv Р. A.
On some features of socio-cultural continuity in Russia
Karev D. A., Korchagina A. P.,
Legal support for the organization and conduct of elections in the Russian Federation
Yalovenko T. V., Polyakov V. A., Ryabov S. I.
On the issue of the content of the legal obligation
POLICY AND LAW
Wei Anyu, Fedyunin A.S.
Content and essence of public administration
SOCIOLOGY AND LAW
Bredikhin A. V., Dzyuban V. V., Panin Yu. I.
Terrorist organizations in the structure of the “new wars”
Kazakova N. V., Bogdanova Yu. R., Sadykova Kh. N.
Student youth: in the modern world
Bredikhin A. V., Bogatyreva O. V., Zakopyrin V. N.
On determining the status of private military companies
ECONOMY. LAW. SOCIETY
Gvozd A. A., Berezhnykh M. V.
Leadership as a key element of the competence of a modern leader
Grekov I. E., Takmakova E. V., Tinyakova V. I.
«Balanced development» of regional socio-economic systems: approaches to the definition of the concept
Klunko N. S., Sviridov A. S., Yurova I. A.
Theoretical and methodological approaches to the formation of industrial development policy in the region
Kuchukova N. M., Mirsayapov E. A.
International standards for control of settlements with contractors, relevance of application and adaptation to Russian practice
Komissarova E. R., Tinyakova V. I.
Digital management tools in the management of project activities of organizations in the construction industry
Makar S. V.
Current components of sustainable spatial development in Russia: intact forest territories
Marchenkova L. M., Kozlova E. I., Skvortsova N. A.
The main aspects of state regulation of commercial activities of enterprises
Nikitin S. A., Koreva O. V.
Principles and factors of ensuring sustainable development of regions
Radchenko E. P., Vdovina A. N.
Budgetary risks in the implementation of public-private partnership projects
Spasskaya N. V., Kuznetsova K. V.
Comparative analysis of the main preventive mechanisms for identifying the financial condition of an enterprise
Sukhova O. V.
Conflict of interests in the structure of social and labor relations in government bodies
Li Gen
Stock market surveillance and economic sustainability: the mechanistic analysis
Wang Ke, Asyanova S. R.
Human resources management in the digital economy
Li Jiahui, Kulizhskaya Zh. S.
International business strategy in the conditions of geopolitical transformation of the world economy
Meng Liu, Kovrov V. F.
Developing a green economy under geopolitical tensions
Han Jiaqi, Parsadanyan S. A.
Ecosystems of innovation and entrepreneurship
Ji Yuanze, Ravochkin N. N.
Stimulating the development of small and medium-sized enterprises in Russia and China and ways of mutually beneficial development of the two countries
Yang Yujie
Development of science at the institute of economics, management and applied informatics: history, status, prospects
PHILOSOPHY. LAW. SOCIETY
Avdonin A. N.
Correspondent and relativistic concepts of truth
Baklanov I. S., Baklanova O. A., Bredikhin S. N., Lukyanov G. I.
Technologization of the political and politicization of the technical: the dynamics of public consciousness and sociocultural practices of the digital society
Bondarenko O. V., Vasenkin A. V.
The study of the activity category in a post-information context
Danilov V. L.
The role of the constitution in the protection of religious rights of citizens by the state: Russian and foreign experience
Izmailova D. I.
Gender ideology as a threat to the spiritual and moral safety of the nation and state
Kuzmenko A. A.
Socio-philosophical understanding of ergo-ecological interaction in the context of sociotechnological development
Magarramov M. D., Karaev I. I.
Maintaining the reproduction of people based on traditional family values is the basis for the security of Russian society and the state
Melnikov V. L.
Russian critics of the late XIX – early XX century about orientalism in N. K. Roerich’s artistic creativity
Pokhilko A. D., Baklanova O. A., Bredikhin S. N., Pashkov A. A.
Autochthonous and allochthonous processes and determinants of the formation of political consciousness in Russia: socio-philosophical aspect
Salikhov G. G., Galimova L. R.
The correlation of natural and social factors in the process of personality`s formation
Spitsina D. D., Baklanov I. S., Kadanina A. V.
Worldview foundations for the formation of a digital society: value and temporal guidelines of modern youth as generation Z
Timoshchuk E. A., Timoshchuk I. A.
The crisis philosophy of stoicism and modernity
Trifonova T.L., Shibaeva G.E.
Formation of patriotic consciousness in the system of traditional Russian spiritual and moral values
Fayzullin F. S.
Methodological issues of diagnostics of the social capital of the society
Shmatko A. A.
Manifestation of the socio-regulatory function of historical consciousness in the interrelation of historical, legal and political
Khaziev Z. A.
The inhabited world and the problem of the emergence of order from chaos
Khokhlova O. M.
Ideological prerequisites for social harmony in modern Russia
Pisareva A. V.
Socio-philosophical aspects of the origins of self-government culture in Russia
REVIEW
Vinnitskiy D. V., Zimulkin M. I.
On the way to resolving tax disputes (Review of the textbook of E. V. Porokhov «Tax disputes»)
V. P. Salnikov:
The legendary path from the OKD (Operational Komsomol Detachments) to the St. Petersburg University of the MIA of Russia and beyond – an era of a lifetime and an edification for future generations
Interview with Viktor Petrovich Salnikov, Ph.D. in Law, professor of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation, State Adviser of Justice of the first class, Honored Scientist of the Russian Federation, Honorary Worker of higher professional education of the Russian Federation, retired police Lieutenant General, academician of the Russian Academy of Natural Sciences (RANS).
EURASIAN INTEGRATION
Khalipov S. V.
Participation of non-governmental bodies in public law regulation of foreign trade in goods
INTERNATIONAL LAW
Dubrovina A. N., Fantrov P. P.
The legal nature of the international criminal tribunal for the former Yugoslavia: estne legalis?
Klyachin V. M.
International legal problems of response to the emergence and spread of epidemics
Lebedeva Ya. I.
Dualism of international and domestic law in the practice of Ireland and Germany
Mkrtchyan G. Ya.
Cultural rights of indigenous peoples as the basis of their identity
Ermolina M. A., Nikiforova E. N., Tarkanova T. S.
Prospects for international legal interaction in the field of environmental safety in the Eurasian space
Nutsalkhanov G. N.
Control and verification system under the Rarotonga Agreement
Mkrtchyan G. Ya.
Cultural rights of indigenous peoples: theory and practice
Xu Jinlin, Davydova M. V.
The influence of international non-governmental organizations on international law
Mishalchenko M. Yu.
International legal and economic aspects of energy cooperation between the Russian Federation and India in the BRICS system
INTERNATIONAL PRIVATE LAW
Pikunova A. A.
Respect for national interests in the cross-border transfer of rights to the secret of production
Tokarev R. Yu., Borisenko N. S., Glinshikova T. V.
Conflict of laws and substantive regulation of international labor relations
Ibrakhim M. M., Glinshchikova T. V., Petrovskiy V. A.
The impact of codification of the norms of private international law on the development of modern conflict-of-laws regulation of private cross-border relations
EUROPEAN LAW
Lebedeva Ya. I.
Delegation of powers to the European Union in the practice of the Danish Supreme Court
Chernobaev S. V.
Examining the evolution of digital markets and the significance of applying Article 102 to safeguard competition
INTEGRATION LAW
Nakryzhskaya V. A.
Reflection of ESG principles in industrial policy of the European Union, Eurasian Economic Union and the People’s Republic of China
COMPARATIVE LAW
Izralovskiy N. R., Petrova A. S.
Digitalization of civil proceeding in BRICS countries: Brazilian and South African experience
THEORY OF STATE AND LAW
Abyzova E. R.
The development of the information component of civil society
Baskakova E. V., Tebryaev A. A.
Transformation of the institution of tort liability in the context of the development of artificial intelligence
Bisyarina A. N.
Activities of the Russian Federation to counter trafficking in minors in the period from 2000 to the present (historical and legal research)
Gindullin N. F., Kadyrova G. F.
Relationship between the concepts of “responsibility” and “punishment” in jurisprudence
Gorbunov M. D.
The basis of the discourse about the place of the human in legal regulation
Petrogradskaya A. A., Skvortsov D. S.
Formation of the legal culture of citizens as a priority of the legal policy of modern Russia
Salnikov V. P., Chayka V. N., Prokofjev K. G.
Towards the anthropology of law: transformations of modernity and new perspectives of legal consciousness
Skudarnov A. S.
About industry types of legal responsibilities
Shogenov T. M., Kuchmezov A. N., Burayeva L. A.
Current problems of countering information threats in educational institutions
Yakovlev M. V., Nikonov D. A., Avramov S. O.
Legal culture as a determinant of the effective application of legal incentives and restrictions
Abyzova E. R.
Modern «information revolution» and its importance for the formation of the rule of law in the information society
Vershinina M. K., Ruzavina E. Yu.
Legal conformity: negative and positive aspects
Kovalenko N. E.
Modern legal consciousness of the individual: an empirical study
Kulieva A. M.
Technical norms: essence and place in legal regulation in the context of digitalization
Makulova A. O.
Legal responsibility in the context of the formation of a digital society
Toldiev K.-M. B.
The role of judicial practice in the mechanism of improving legislation in the field of insolvency (bankruptcy)
Chayka Yu. V.
On the problem of determining the legal status of animals in Russian law
HISTORY OF STATE AND LAW
Butov S. V.
On the role of Special departments of the NKVD of the USSR in ensuring the legal status of military personnel during the Great Patriotic War
Vositov Kh. A.
Perceptions of human rights in the Persian-Tajik legal culture
Egorov A. M., Egorov I. A.
Retrospective analysis of the formation of the institution of criminal law measures in the history of domestic legislation
Klimov A. Yu., Salnikov A. S.
Organization and activity of the regular Moscow police in the second quarter of the XVIII century
Furman T. G.
Political and legal views of N. G. Chernyshevsky
Furman F. P.
The law of modern Russia from the position of axiology
Gulyaeva T. B., Gnetova L. V., Karpukova A. A.
Conditions of marriage under the legislation of certain Scandinavian countries in the XIX century
Krasilnikov S. V.
Sources and contradictions in the study of the police reform of Catherine II
Furman T. G.
The influence of European Freemasonry on Russian Freemasonry, political and legal aspect
Furman F. P.
Views and conceptual differences of Westerners and Slavophiles in law and politics
Gnetova L. V., Gulyaeva T. B., Karpukova A. A.
Obstacles to marriage under the law of certain Scandinavian countries and Germany in the XVIII-XIX centuries
Bobomurod A. V.
Participation of citizens in the administration of justice in Tajikistan during the Soviet period
Mutigullin A. V.
Restoration and strengthening of the Soviet and party organs of the Ukrainian and Byelorussian SSR, as one of the tasks in the fight against the fascist-nationalist underground (1944-1945)
CONSTITUTIONAL LAW
Gadisov D. R., Denikaeva S. E.
Organization of public prosecutor’s supervision over the observance of economic rights of citizens
Ivleva Yu. I.
Information and communication technologies for realization of the constitutional principle of environmental education
Mamoshin V. I.
New generations of human rights and their constitutional regulation
Fantrov P. P., Dubrovina A. N.
Modernization of legislation, regulating the status of the committee for human rights in Russian Federation
Yarikov M. M., Radjabova E. Sh.
The problem of interaction between the institution of the president and the branches of government in the Russian legal system
Shakhmuradov A. R.
Concerning the interrelation of categories constitutionalism, parliamentarism and presidentialism
ADMINISTRATIVE LAW
Byshkov P. A.
Legal problems of the development of the Arctic and the Far East
Dudaev A. B., Tkachenko V. V., Demchenko N. V.
Commissions on juvenile affairs and protection of their rights in the system of subjects of administrative jurisdiction
Kamenev M. A.
Features of administrative responsibility for the dissemination of extremist materials
Ostanina A. M., Pavlov N. V.
Control and supervision as the main ways to ensure legality in administrative and public activities
Sidorov S. A., Sakhno V. P., Kirkitsa A. A.
Liability of legal entities for violation of the rules of navigation when transporting catches of aquatic biological resources
Byshkov P. A.
Legal aspects of business protection in the field of control and supervisory activities
Toryanikova I. V.
Current issues of administrative coercion: the concept and features of its application
ADMINISTRATIVE JUDICIARY
Mitashova A. A., Ivanenko I. N.
On the issue of the possibility of proving negative facts in administrative proceedings
CIVIL LAW
Buzova N. V.
Are the rights of the phonogram manufacturer sufficient to use musical compositions on the Internet?
Zinkov E. N., Kitaeva A. V., Kornienko M. A., Kruglova A. V.
Violations of the legal foundations of medical activity in the field of cosmetology
Izuymov I. V.
The legal nature of artificial intelligence as an object of intellectual property law
Kalyatin V. O.
Modification of software and databases: conflict situations and ways to resolve them
Kolesnikova M. M., Maksimova E. V., Mishina E. V., Sachenko A. L.
Electronic form of transactions and smart contract: specifics of civil law regulation and application in contract practice
Mashkova A. D., Nikolaenko E. D., Tagantseva V. S.
Digital ruble: features of theoretical understanding as a digital form of the Russian national currency and determining its place in the system of objects of civil rights
Sefikurbanova R. M., Gaybatova K. D.
The problem of protecting the rights of «citizen investors» in the bankruptcy of developers
Storozheva A. N., Dadayan E. V.
Current aspects of invalidation of the transaction in the case of the division of jointly acquired property of spouses
Cherdakova L. A.
Protection of non-property rights of citizens in the context of analyzing the position of the Supreme Court of the Russian Federation
Yastremskiy I. A.
Patient’s rights under a contract for the reimbursable provision of medical services in a plastic surgery clinic
Krivitskaya Yu. S.
Intellectual property rights in modern Russia
Yastremskiy I. A.
The obligations of the patient under the contract for the provision of paid medical services in the plastic surgery clinic
Wang L.
Features of state protection of children left without parental care in China
Dyuzhenkov N. A.
About the problems of foreclosure of the only residential property in the context of a personal bankruptcy
Kritskiy A. D., Bogatyrev I. R.
Account inheritance in social networks and computer games
Selimova E. R.
Actual problems of the legal status of persons involved in the case in civil and arbitration proceedings
CIVIL PROCESS
Vorontsova I. V., Kolobynina E. A.
The use of artificial intelligence technologies in contract production as the first stage of its implementation in the civil process
Trunov I. L.
Does the current form of property seizure counteract corruption?
Arslankhanova A. I.
Grounds for revocation or amendment of the decision (ruling) of the court of first instance
Pestova K. A.
The history of the transformation of the principle of publicity of the civil process
Ryazantsev M. Yu.
Compatibility of arbitration agreements under the ICC Arbitration Rules
FAMILY LAW
Kudryavtseva L. V., Tsareva E. D.
Features of challenging the marriage contract of the spouses in the bankruptcy procedure
FINANCIAL LAW
Anokhin N. E.
To questions on the legal status of a financial intelligence unit
Farikova E. A.
Financial activity as a way to realize the financial-legal status of subjects
Kharin A. K.
On the legal factors hindering to counter hybrid mismatch arrangements in the Russian Federation
TAX LAW
Guryanov A. V. Petrogradskaya A. A.
The pros and cons of introducing digital technologies into tax law
ENTREPRENEURIAL LAW
Artsytov N. A., Abramov K. D., Kot M. K.
ESG agenda as an actual strategy for the development of the corporate culture of the organization
INFORMATION LAW
Davudova S. Ya., Ragimhanova K. T.
Electronic document flow in high school: legal regulation
LAND LAW
Karakov V. A., Moroz N. A.
Legal regulation of real estate and cadastral systems in the Russian Federation and abroad: comparative analysis
ECOLOGICAL LAW
Abanina E. N.
Legal conditions for the formation and implementation of the concept of sustainable development of forestry in Russia
Khayredinov V. A.
Trends in the development of the institution of legal liability for environmental offenses in the context of sustainable development
CRIMINAL LAW
Amirova D. K., Nabiev V. V., Umatkulova R. R., Zimin N. V.
Concepts and theories of responsibility for “failed complicity” in a crime
Vanyashin I. S., Pavlov D. V.
Legal aspects of illegal movement of firearms
Ganieva I. A.
Types and methods of fraud committed remotely
Efremova O. S.
On some current trends in crimes committed using information and telecommunication technologies and their prevention
Zorina E. A., Sharapov R. D., Vakhmistrova S. I.
Decriminalization of the destruction or damage of property due to negligence by increasing the large size of the crime: assessment of the legislative initiative
Osadchaya N. G.
Illegal activity for the repayment of overdue debts of individuals: legal analysis
Nekrasov A. P., kraskovskiy Ya. E.
Legal assessment and problems of socialization in Russia of migrant workers from Central Asian countries
Pirova R. N.
Commission on juvenile affairs
Pisarevskaya E. A., Dvorzhickaya M. A., Malanjin A. A., Saveljeva D. E.
Trash streaming: problems of criminal law regulation
Sokolova T. S., Imaeva Yu. B.
Current issues of interaction between investigative units and investigative bodies during investigations of fraud committed using information and communication technologies
Suleymanov S. K.
Crime prevention in the field of entertainment commercial competitions
Tingaeva I. V., Fayrushina R. D.
On improving the conduct of investigative actions in the investigation of criminal cases, using technical means
Shadrina E. S.
Problems of determining the criminal legal status of certain categories of subjects of crime under Article 200.4 of the Criminal Code of the Russian Federation
Yablonskiy K. A., Chenchikovskiy A. D.
Characteristics of persons involved in illegal arms trafficking
Larionov P. A.
Stages of criminal law interpretation: judicial algorithm
Vasiljeva D. V.
Problems of determining objective signs of fictitious bankruptcy
Elovikova Yu. S.
The evolution of crimes against the person in Russian criminal law of the pre-revolutionary period
Korpeev A. G.
The state and dynamics of crimes committed using information and telecommunication networks (technologies) and in the field of computer information in the Russian Federation and Turkmenistan
Libenzon E. L.
Gaps in legislation on the confiscation of cars as an instrument of crime in smuggling (based on the example of judicial practice in the Trans-Baikal Territory)
Mustafazade R. Sh.
Features of the subjective side of the crime provided for in article 236 of the Criminal Code of the Russian Federation
CRIMINAL PROCESS
Abdrashitov V. M., Kakhkhorov D. G.
The procedural model of interaction between the prosecutor and the investigator at the presentation of charges
Gonnov R. V.
The role and importance of operational-search activities carried out by the internal affairs bodies
Kvasnitsa S. E., Biryukov S. Yu.
The concept, essence and content of involving a person as an accused
Milikova A. V., Yakovleva L. A.
On approaches to the definition of the concept of a criminal case and the consistency of its materials
Polikarpova O. S.
The validity of suspicion and its increase as a condition for entering into the status of a suspect and the admissibility of criminal prosecution before the completion of pre-trial proceedings in the case
Popenkov A. V., Nuikin S. Yu., Dobrinskiy V. A.
The activities of the investigator to collect and establish the circumstances conducive to making a decision on the initiation of a criminal case on the grounds of the corpus delicti provided for in Article 314.1 of the Criminal Code of the Russian Federation
Shapovalova T. I.
The use of cognitive interview in criminal proceedings
CRIMINALISTICS
Vinnichenko A. S., Grinchenko S. V.
Features of inspection and preliminary examination of mechanical locks at the scene
Dolgushina L. V.
Explosive devices as research objects in forensic explosive engineering
Kabakova E. S., Litvinov R. V.
Features of the investigation of crimes involving explosive devices and explosives
Kadiev G. R., Sefikurbanov K. S.
Search and seizure as investigative actions
Lonshchakova A. R.
Theoretical and methodological foundations of criminalistic crime prevention in the context of digital transformation of society
Mustafina G. M.
On the limits of using the testimony of operational staff as evidence
Popov V. A., Suleymanov T. A.
Search and cognitive activity of the investigator at the stage of preliminary investigation
Sedov D. V., Dolgushina L. V.
The amount of property liability for accidents occurring in the areas being repaired: the problem of determining and solving the way
Klyueva Yu. A.
Expansion of the conceptual and terminological apparatus of forensic examination of psychoactive substances as a form of concretization of the subject of cognition
CRIMINOLOGY
Stupina S. A.
Some features of the drug situation in modern conditions (on the example of the Krasnoyarsk Territory)
Tailova A. G., Askhabarova M. E., Abakarova B. G.
Criminological characteristics of iatrogenic crime and the main directions for its prevention
LAW ENFORCEMENT AGENCIES
Valiakhmetov R. R., Ulrich S. A., Samikov A. Z.
Problematic aspects of ensuring the personal safety of an internal affairs officer when using firearms
Gabdrashitova K. I., Lazarevich M. V., Kuchumov D. V., Bormotov I. V.
Modeling of individual requirements for employees of the department of internal affairs who carry out state protection, using the example of physical training of other special units
Guseynov A. A., Shabaev V. V., Baykalov V. A.
Methodological material for teaching tactics of police officers in the conditions of attack by unmanned aerial vehicles
Daminov A. A., Shokhin V. E., Podkovka S. V.
Psychological barriers when preparing to shoot during fire training classes
Zabolotnykh A. A., Imangazhinov D. T., Nikerov D. I.
Standard factors influencing the results of shooting exercises in fire training for students in educational organizations of the Ministry of Internal Affairs of Russia
Guseynov A. A., Shabaev V. V., Baykalov V. A.
Methodological material for teaching tactics of police officers in the conditions of attack by unmanned aerial vehicles
Nikitin A. I., Arkhipov E. V., Pesterev N. N.
On the issue of innovations in the fire training of law enforcement officers
Nikolaev N. Yu., Afanaskin P. V., Alexeev A. M.
Problematic issues of the use of firearms by police officers of the Ministry of Internal Affairs of Russia
Petrov P. S. Cherneykin P. P. Arkhipov S. N.
Problems of training employees of internal affairs bodies in practical skills in handling firearms. Methodology for developing employee readiness to use service weapons
Sobolev A. G., Davletov V. I., Imangazhinov D. T.
On the problems of ensuring information security of employees of internal affairs bodies
Muzafin R. R., Vyshtikalyuk V. F., Nikiforov P. V.
Professional qualities of a police officer of the Ministry of Internal Affairs of Russia
Yakushev A. V., Kuzmichev Yu. V., Vinokurov V. N.
Use of ballistic calculators in training free sniper team
SECURITY AND LAW
Anisimov S. L., Sitnikov K. A.
On the issue of the concept of «crimes in the field of high technology»
Murtazin A. I., Zaytsev A. G., Kovalev T. V.
Protection of critical information infrastructure as an element of the national security of the Russian Federation
Poziy V. S.
Why is a new law «On forensic activities» needed? (Part 1)
Chernozemova Ya. V., Demidov V. P.
The main directions of countering international terrorism in the concept of national security of the Russian Federation
Jamalov D. M., Jamalova R. I.
Extremism and extremist activities
PEDAGOGY AND LAW
Amelichkin A. V.
Patriotic education of the young generation in cultural institutions
Glubokiy V. A., Khakimov E. R., Marchenko K. S., Boloban M. L.
The use of interactive teaching methods in the training of cadets and students of universities of the Ministry of Internal Affairs of Russia
Zorina N. S.
Aspects of the formation of spiritual and moral values among juvenile convicts in the process of educational activity
Kurapina E. V., Soloukhina E. V.
Realization of the volunteer potential of the Orel region: problems and prospects
Popova A. A., Savushkin V. V., Mikhaylov N. V.
The role of emotional and volitional qualities in personality development
Filimonov R. N., Kubeev A. Zh., Yakushev E. V.
Development of professionally important motor skills of cadets and students of the educational organization of the Ministry of Internal Affairs of Russia
Khorolskiy V. V., Khamitov A. R., Dudkin Yu. A., Ulanov N. D.
The use of a game approach in the training of cadets and students of universities of the Ministry of Internal Affairs of Russia
Tsarkova E. G., Zorina N. S.
Determinants of juvenile delinquency and personality characteristics of a juvenile offender
PSYCHOLOGY AND LAW
Romanovskaya I. V.
Psychological features of judicial activity in the consideration of criminal cases
Khatuaev M. O., Yariy M. I., Litvinenko A. A., Vafin V. V.
Professional communication of police officers
Khorolskiy V. V., Khamitov A. R., Kolbyshev P. R., Sharafutdinov I. S.
Methods of educational work used in Temporary detention centers for juvenile offenders at the Ministry of Internal Affairs
STATE AND LAW
Minakоv Р. A.
On some features of socio-cultural continuity in Russia
Karev D. A., Korchagina A. P.,
Legal support for the organization and conduct of elections in the Russian Federation
Yalovenko T. V., Polyakov V. A., Ryabov S. I.
On the issue of the content of the legal obligation
POLICY AND LAW
Wei Anyu, Fedyunin A.S.
Content and essence of public administration
SOCIOLOGY AND LAW
Bredikhin A. V., Dzyuban V. V., Panin Yu. I.
Terrorist organizations in the structure of the “new wars”
Kazakova N. V., Bogdanova Yu. R., Sadykova Kh. N.
Student youth: in the modern world
Bredikhin A. V., Bogatyreva O. V., Zakopyrin V. N.
On determining the status of private military companies
ECONOMY. LAW. SOCIETY
Gvozd A. A., Berezhnykh M. V.
Leadership as a key element of the competence of a modern leader
Grekov I. E., Takmakova E. V., Tinyakova V. I.
«Balanced development» of regional socio-economic systems: approaches to the definition of the concept
Klunko N. S., Sviridov A. S., Yurova I. A.
Theoretical and methodological approaches to the formation of industrial development policy in the region
Kuchukova N. M., Mirsayapov E. A.
International standards for control of settlements with contractors, relevance of application and adaptation to Russian practice
Komissarova E. R., Tinyakova V. I.
Digital management tools in the management of project activities of organizations in the construction industry
Makar S. V.
Current components of sustainable spatial development in Russia: intact forest territories
Marchenkova L. M., Kozlova E. I., Skvortsova N. A.
The main aspects of state regulation of commercial activities of enterprises
Nikitin S. A., Koreva O. V.
Principles and factors of ensuring sustainable development of regions
Radchenko E. P., Vdovina A. N.
Budgetary risks in the implementation of public-private partnership projects
Spasskaya N. V., Kuznetsova K. V.
Comparative analysis of the main preventive mechanisms for identifying the financial condition of an enterprise
Sukhova O. V.
Conflict of interests in the structure of social and labor relations in government bodies
Li Gen
Stock market surveillance and economic sustainability: the mechanistic analysis
Wang Ke, Asyanova S. R.
Human resources management in the digital economy
Li Jiahui, Kulizhskaya Zh. S.
International business strategy in the conditions of geopolitical transformation of the world economy
Meng Liu, Kovrov V. F.
Developing a green economy under geopolitical tensions
Han Jiaqi, Parsadanyan S. A.
Ecosystems of innovation and entrepreneurship
Ji Yuanze, Ravochkin N. N.
Stimulating the development of small and medium-sized enterprises in Russia and China and ways of mutually beneficial development of the two countries
Yang Yujie
Development of science at the institute of economics, management and applied informatics: history, status, prospects
PHILOSOPHY. LAW. SOCIETY
Avdonin A. N.
Correspondent and relativistic concepts of truth
Baklanov I. S., Baklanova O. A., Bredikhin S. N., Lukyanov G. I.
Technologization of the political and politicization of the technical: the dynamics of public consciousness and sociocultural practices of the digital society
Bondarenko O. V., Vasenkin A. V.
The study of the activity category in a post-information context
Danilov V. L.
The role of the constitution in the protection of religious rights of citizens by the state: Russian and foreign experience
Izmailova D. I.
Gender ideology as a threat to the spiritual and moral safety of the nation and state
Kuzmenko A. A.
Socio-philosophical understanding of ergo-ecological interaction in the context of sociotechnological development
Magarramov M. D., Karaev I. I.
Maintaining the reproduction of people based on traditional family values is the basis for the security of Russian society and the state
Melnikov V. L.
Russian critics of the late XIX – early XX century about orientalism in N. K. Roerich’s artistic creativity
Pokhilko A. D., Baklanova O. A., Bredikhin S. N., Pashkov A. A.
Autochthonous and allochthonous processes and determinants of the formation of political consciousness in Russia: socio-philosophical aspect
Salikhov G. G., Galimova L. R.
The correlation of natural and social factors in the process of personality`s formation
Spitsina D. D., Baklanov I. S., Kadanina A. V.
Worldview foundations for the formation of a digital society: value and temporal guidelines of modern youth as generation Z
Timoshchuk E. A., Timoshchuk I. A.
The crisis philosophy of stoicism and modernity
Trifonova T.L., Shibaeva G.E.
Formation of patriotic consciousness in the system of traditional Russian spiritual and moral values
Fayzullin F. S.
Methodological issues of diagnostics of the social capital of the society
Shmatko A. A.
Manifestation of the socio-regulatory function of historical consciousness in the interrelation of historical, legal and political
Khaziev Z. A.
The inhabited world and the problem of the emergence of order from chaos
Khokhlova O. M.
Ideological prerequisites for social harmony in modern Russia
Pisareva A. V.
Socio-philosophical aspects of the origins of self-government culture in Russia
REVIEW
Vinnitskiy D. V., Zimulkin M. I.
On the way to resolving tax disputes (Review of the textbook of E. V. Porokhov «Tax disputes»)
PERSONA GRATA
V. P. Salnikov:
The legendary path from the OKD (Operational Komsomol Detachments) to the St. Petersburg University of the MIA of Russia and beyond – an era of a lifetime and an edification for future generations
Interview with Viktor Petrovich Salnikov, Ph.D. in Law, professor of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation, State Adviser of Justice of the first class, Honored Scientist of the Russian Federation, Honorary Worker of higher professional education of the Russian Federation, retired police Lieutenant General, academician of the Russian Academy of Natural Sciences (RANS).
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
PARTICIPATION OF NON-GOVERNMENTAL BODIES IN PUBLIC LAW REGULATION OF FOREIGN TRADE IN GOODS
The article reveals the role of non-governmental bodies in public law regulation of foreign trade in goods. It shows options for foreign trade business, trade unions, associations and chambers of declaring and defending their interests. The provisions of international acts, national legislation are used, on bringing legal information to persons concerned, on considering by regulatory institutions their views and propositions. Independent powers of non-governmental entities in ensuring foreign trade activities are emphasized. Examples are given of issuance of documents confirming the right to tariff preferences and other advantages in the course of customs operations of transit and temporary import (export) of goods. The initiatives are examined of concerned persons’ appeal to federal executive authorities, the Eurasian Economic Commission, the Court of the Eurasian Economic Union and its implications for the law of the Union.
Keywords: public law regulation, foreign trade in goods, the law of the Eurasian Economic Union, non-governmental bodies, customs regulation, customs, customs tariff preferences, non-tariff and safeguards measures, Russian Export Center, non-governmental associations, participants of foreign economic activities, regulatory impact analysis, advisory committees and councils.
Bibliographic list of articles
1. Administrative law: textbook / Ed. ed. A. S. Telegina; Perm State National Research University. – Perm, 2020. – 340 pp.
2. Alekhin A.P., Karmolitsky A.A. Administrative law of Russia. First part: Textbook. – M.: Zertsalo-M, 2011. – 520 p.
3. Bakhrakh D.N., Rossiyskiy B.V., Starilov Yu.N. Administrative law: Textbook for universities. – 2nd ed., rev. and additional – M.: Norma, 2005. – 800 p.
4. Kitaeva Kh. I. Lawmaking in a rule-of-law state: Author’s abstract. dis. …cand. legal Sci. – M., 2006. – 24 p.
5. Lomakina E. V. Non-state regulation of international public relations: Author’s abstract. dis. …cand. legal Sci. – Chelyabinsk, 2015. – 31 p.
6. Pavlov P.V. Special administrative and legal regimes for foreign trade activities (theoretical and applied aspect): dis. … doc. legal Sci. – Lyubertsy, 2012. – 491 pp.
7. Panarina M. M. Non-state regulation of trading activities: unified rules, customs and codes of best practices: Author’s abstract. dis. …cand. legal Sci. – M., 2017. – 32 p.
8. Shindina A.V. The Institute of Delegation in the Constitutional System of Power of the Russian Federation: Author’s abstract. dis. …cand. legal Sci. – Penza, 2017. – 28 p.
INTERNATIONAL LAW
DUBROVINA Anastasiya Nikolaevna
student of the Institute of Law of the Volgograd State University
FANTROV Pavel Petrovich
Ph.D. in political sciences, senior lecturer of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
THE LEGAL NATURE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA: ESTNE LEGALIS?
The authors assess the legal nature of the International Tribunal for the Former Yugoslavia. The work analyzes UN documents and other international legal acts that regulated the activities of the tribunal, and also provides a conceptual analysis of its validity. The authors of the article came to the conclusion that there were no legal grounds for holding the International Tribunal.
Keywords: ICTY, UN General Assembly, International Court of Justice, UN Security Council, International law, legal basis, legality, competence.
Bibliographic list of articles
1. Kibalnik A. G. Where is international criminal justice going? // All-Russian criminological journal. – 2018. – No. 2.
2. Lukashuk I. I. On the invalidity of international treaties // State and law. – 2005. – No. 8.
3. Mikhailov N. G. International Criminal Tribunal for the former Yugoslavia. Problems of competence // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2006. – No. 1.
4. Novikov S.S. Problems of illegitimacy of the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) // Gaps in Russian legislation. – 2011. – No. 1.
5. Shamarov P.V. On the issue of the activities of the international tribunal for the former Yugoslavia // Bulletin of the Academy of Law and Management. – 2015. –No. 4.
INTERNATIONAL LAW
KLYACHIN Vyacheslav Matveevich
Ph.D. in Law
INTERNATIONAL LEGAL PROBLEMS OF RESPONSE TO THE EMERGENCE AND SPREAD OF EPIDEMICS
The article is devoted to the consideration of international legal problems of responding to the emergence and spread of epidemics (using the example of COVID-19). The problem of predicting the scenario for the development of the situation at the initial stage of large-scale infectious infection is considered separately.
Keywords: infections, pandemic, international legal regulation of the fight against epidemics, response, forecasting.
Bibliographic list of articles
1. Zhbikovsky V. Some legal aspects of the “anti-crisis shield” adopted in Poland due to the coronavirus pandemic: “Law in emergency situations: limits and possibilities: Materials of the All-Russian scientific and practical conference with international participation. – Irkutsk, October 30, 2020 – pp. 60-63.
2. [Electronic resource]. – Access mode: https://championat.com>best.
3. The beginning of May 2020 – then no one, even approximately, could foresee how further events would develop (author’s note).
4. Klyachin V. M. Radiation disasters – a threat to national security // Observer. – M.: RAU-University, 2013. – No. 12 (287). – P. 6-14. Poston T., Stewart I. Catastrophe theory and its applications. Per. from English – M.: Mir, 1980. – P. 525-527.
5. Zueva L.P., Yafaev R.Kh. Epidemiology: study. for universities. – St. Petersburg: Foliot, 2005. – P. 118.
6. Arnold V.I. Theory of disasters. Ed. 5th. – M.: Editorial URSS, 2009. – 136 p.
7. [Electronic resource]. – Access mode: https://m.lenta>news>reptrbndzr; https://www/interfax.ru>world.
8. [Electronic resource]. – Access mode: https://ria.ru>News.
9. [Electronic resource]. – Access mode: https://sports.ru>others.
10. [Electronic resource]. – Access mode: https://www.interfax.ru>world; see also: coronavirus-monitor.ru.
11. [Electronic resource]. – Access mode: https://iz.ru>News>World.
12. [Electronic resource]. – Access mode: Yandex.ru.ncov.blog.
13. [Electronic resource]. – Access mode: Yandex.ru. coronavirus-monitor.ru
14. Vorontsov A.V. National characteristics of the Korean nation that contributed to the success of the fight against COVID-19 // Russia and Korea: a view from Siberia: abstract. and report Intl. scientific-practical conf. Irkutsk, October 10-11. 2020 – Irkutsk: ISU Publishing House, 2020. – pp. 14-19.
15. Gorlinsky A.I. International political cooperation in the fight against global epidemics at the present stage: dis. …cand. watered Sci. St. Petersburg State University. – St. Petersburg, 2008. – 158 p.
16. Klimenko E. P. Directions of activity of the Commonwealth of Independent States in the fight against infectious diseases // Scientific notes of the Tauride National University named after. V. I. Vernadsky Series “Legal Sciences”. – 2014. – Volume 27 (66). No. 2. – pp. 49-57.
INTERNATIONAL LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Sector of the Institute of State and Law of the Russian Academy of Sciences (RAS)
DUALISM OF INTERNATIONAL AND DOMESTIC LAW IN THE PRACTICE OF IRELAND AND GERMANY
The article is dedicated to one of the “traditional” theories concerning the interaction of international law with domestic law, namely dualism. It examines the theoretical foundations and practical implementation of dualistic approach in the form of transformation of international law into domestic law. Material incorporation is illustrated in detail using the example of Ireland, while formal incorporation is based on the practices of Germany. The article defines the role played by the principle of harmonious interpretation in dualistic systems. It also discusses the hierarchy of norms of international law within domestic legal acts such as the constitution, laws and other legal acts. The issue of the application of norms of international treaties by national courts is addressed. The conclusion is drawn that many dualistic features of certain European states are increasingly becoming a thing of the past, due to the growing number of international treaties, the development of information technologies, and the transformation of judicial activities.
Keywords: legal systems, dualism, transformation, incorporation, agreed interpretation, constitution, Ireland, Germany.
Bibliographic list
1. Bonafé B. International Law in Domestic and Supranational Settings // International Legal Positivism in a Post-Modern World / Ed. by J. d’Aspremont, J. Kammerhofer. – Cambridge: Cambridge University Press, 2014.
2. Triepel H. Volkerrecht und Landesrecht. – Leipzig: Verlag Von C.L. Hirschfeld, 1899.
3. Triepel H. Les rapports entre le droit interne et le droit international // Recueil des cours 1923, t. I. / Par H. Triepel. – Paris: Hachette, 1925.
4. Anzilotti D. Course of international law T. 1. Introduction – general theory // edited by D. B. Levin. – M.: Foreign Literature Publishing House, 1961.
5. Björgvinsson D. The Intersection of International Law and Domestic Law: A Theoretical and Practical Analysis. – Cheltenham: Edward Elgar Publishing, 2015.
6. Higgins R. Themes and Theories: Selected Essays, Speeches, and Writings in International Law. – Oxford: Oxford University Press, 2009.
7. Osminin B.I. Conclusion and implementation of international treaties and domestic law. – M.: Infotropik Media, 2010.
8. Burnam W. Legal system of the USA // Ed. V. A. Vlasikhin. – M.: New Justice, 2006.
9. Phelan D. Monism in International Relations, Dualism in Intentional Law, Trinitarianism in Legal Theory – An Irish Crossroads // Basic Concepts of Public International Law – Monism and Dualism / Ed. by M. Novakovic. – Belgrade: Faculty of Law, University of Belgrade, Institute of Comparative Law, Institute of International Politics and Economics, 2013.
10. Osminin B.I. Acceptance and implementation by states of international treaty obligations. Monograph. – M.: Wolters Kluwer, 2006.
11. Deutscher Bundestag. Parliament’s Role in International Treaties. WD 2-3000-038/17. 18. April 2017. [Electronic resource]. – Access mode: https://www.bundestag.de/resource/blob/509982/1316a1c42f1a8ee8a04cc65640d8af40/WD-2-038-17-pdf-data.pdf
12. Kadelbach S. International Treaties and The German Constitution // The Oxford Handbook of Comparative Foreign Relations Law / Ed. by C. A. Bradley. – Oxford: Oxford University Press, 2019.
INTERNATIONAL LAW
MKRTCHYAN Gayane Yashaevna
postgraduate student of the 3rd course of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
CULTURAL RIGHTS OF INDIGENOUS PEOPLES AS THE BASIS OF THEIR IDENTITY
Indigenous peoples, due to their centuries-old history and attachment to certain lands, are especially sensitive to changes in their cultural identity, separation from traditional values, and sacred sites. Despite all the difficulties, forced colonization and the influence of new traditions and customs of modern society, indigenous peoples have survived precisely because of their pronounced, time-tested identity. The current turbulent geopolitical situation once again poses to society the task of solving basic human, including humanitarian problems, which a few years ago seemed to have lost their relevance. Meanwhile, it cannot be said that the problems of the institution of indigenous peoples have been solved and sufficiently studied to date.
Keywords: indigenous peoples, protection of human rights, cultural diversity, collective rights, UNESCO, self-determination of peoples.
Bibliographic list of articles
1. Charter of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/about-us/un-charter/full-text.
2. UNESCO Universal Declaration on Cultural Diversity. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/cultural_diversity.shtml.
3. Universal Declaration of Human Rights – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml.
4. UN Declaration on the Rights of Indigenous Peoples. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/indigenous_rights.shtml.
5. International Covenant on Civil and Political Rights. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml.
6. General Comment No. 23 of the UN Human Rights Committee. – [Electronic resource]. – Access mode: http://hrlibrary.umn.edu/russian/gencomm/Rhrcom23.html.
7. Public hearings of the World Commission on Environment and Development (WCED), Sao Paulo (28-29 October 1985). – [Electronic resource]. – Access mode: https://www.un.org/ru/ga/pdf/brundtland.pdf.
8. Ilmari Länsman v. Finland. No. 511/1992, UN Doc. CCPR/52/D/511/1992.
9. Jouni E. Länsman v. Finland. No. 671/1995, UN Doc. CCPR/C/58/D/671.1995.
10. Apriana Mahuika et al. v. New Zealand. No. 547/1993, UN Doc. A/56/40 (2000), at 11ff.
11. Mayagna (Sumo) Awas Tingni Community v. Nicaragua, 31 Aug. 2001, Inter-Am Ct HR.
12. Abashidze A. Kh., Blishchenko I. Indigenous peoples and international law // Russian justice. – 1994. – No. 3.
13. Ananidze F. R. InterInternational legal problems of determining the status of indigenous peoples // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2000.
14. Ananidze F.R. Indigenous peoples and the right of peoples to self-determination // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2001.
15. Volkova N.V. Cultural rights as a separate category of the human rights system: international legal aspects // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2013.
16. Garipov R. Sh. The concept of “indigenous people” and their status in international and domestic law. – DOI: 10.7256/2226-6305.2013.3.5362.
17. Guseinov K.K. The problem of protecting the rights of indigenous peoples in modern international law // UrFU, Electronic supplement to the Russian Legal Journal, 2015.
18. Kupriyanov A. The dangerous world of Westphal. – Moscow, 2019. – [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/opasnyy-mif-vestfalya/?sphrase_id=28416659.
19. James S. Anaya. Indigenous People in International Law. Second Edition. – Oxford University Press, 2004.
20. John R. Bowen. Should we have a universal concept of “Indigenous people’s rights”?: Ethnicity and Essentialism in the Twenty-First Century // Anthropology Today. – 2000. – Vol. 16. No. 4.
21. Deloria Jr. Self-Determination and the Concept of Sovereignty // J. R. Wunder (ed.), Native American Sovereignty, 1996.
22. Francioni. Culture, Heritage and Human Rights: An Introduction // F. Francioni and M. Scheinin (eds), Cultural Human Rights, 2008.
23. Kymlicka W. Liberalism, Community, and Culture, 1989.
INTERNATIONAL LAW
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University
NIKIFOROVA Elena Nikolaevna
Ph.D. in Law, professor of Constitutional and administrative law sub-faculty, Deputy Dean of the Faculty of Law for Academic Affairs of the St. Petersburg State Economic University
TARKANOVA Tamara Sergeevna
Ph.D. in political sciences, associate professor of Higher School of Media Communications and Public Relations of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
PROSPECTS FOR INTERNATIONAL LEGAL INTERACTION IN THE FIELD OF ENVIRONMENTAL SAFETY IN THE EURASIAN SPACE
This article analyzes the problem of international cooperation in the field of environmental safety in the Eurasian economic space. The authors proceed from the fact that in modern conditions truly collective approaches are required, the integration of joint efforts of all stakeholders. The paper states that the problems of environmental protection and rational use of natural resources can be solved only under the condition of joint legal, economic, political and informational interaction between friendly countries.
Keywords: environmental safety, natural resources, environment, EAEU, friendly countries.
Bibliographic list of articles
1. Alimov A. A., Ermolina M. A. Prospects for Russia’s participation in international cooperation in the field of environmental protection within the framework of the development of Eurasian economic integration // Eurasian Legal Journal. – 2016. – No. 1 (92). – pp. 177-181.
2. Kadyrov A. A. Problems of development of environmental law and legislation of Kyrgyzstan // Environmental law. – 2020. – No. 4. – P. 34-40.
3. Nikiforova E. N., Ermolina M. A. International environmental law in a period of uncertainty // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 39-40.
4. Pogodin S. N., Tarakanova T. S. Foreign policy interests of the Russian Federation in Central Asia // Eurasian integration: economics, law, politics. – 2021. –No. 2 (36). – pp. 77-85.
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
CONTROL AND VERIFICATION SYSTEM UNDER THE RAROTONGA AGREEMENT
In this article, the author attempts to analyze the mechanisms for verifying and monitoring compliance with the provisions of the Treaty on a Nuclear-Weapon-Free Zone in the South Pacific Ocean. The research methodology is based on a formal legal and comparative legal analysis of these elements of the Rarotonga Treaty and the Tlatelolco Treaty. The author concludes that, despite the stated concerns about an effective control and verification system, the States of the region preferred to adopt a less stringent control and verification system than that used in the Latin American NWFZ. To a much greater extent than in the Latin American zone, the control system under the Rarotonga Treaty does not provide for systematic and orderly verification procedures, creates difficulties in confirming violations of the Treaty, and limits the final instance to the regional level, rather than international forums.
Keywords: nuclear-weapon-free zone, disarmament, Rarotonga Treaty, reports, information exchange, IAEA safeguards.
Bibliographic list of articles
1. Australian Department of Foreign Affairs, Australia and Disarmament: Steps in the Right Direction. – Canberra, AGPS, 1986. – P. 27-29.
2. Ball D. A Suitable Piece of Real Estate: American Installations in Australia. – Sydney, Hale & lremonger, 2008. – P. 50-51.
3. Ball D. Limiting Damage from Nuclear Attack. Civil Defense and Australia’s Security in the Nuclear Age, Canberra, Strategic and Defense Study Centre, ANU/Allen and Unwin, 2003. – P. 155.
4. Dvke J. V., Smith K. R. Nuclear Activities and the Pacific Islande. – 2004. – V. 9. No. 9/10. – R. 747.
5. Hayes L. American Lake: nuclear peril in the Pacific. – Melbourne, Penguin Books, 2006. – R. 50-61.
6. Fry G. E. Toward a South Pacific Nuclear-Free Zone // Bulletin of the Atomic Scientists. – June-July 2005. – V. 41. No. 17. P. 16.
7. Herr R. A. Diplomacy and Security in the South Pacific // Current Affairs Bulletin. – January 2007. – V. 63. No. 8. – P. 16-21.
8. Firth S. The Nuclear Issue in the Pacific Islands // Journal of Pacific History. – October 2006. – V. 21. No. 4. – P. 207.
9. Fry G. E. Australia, New Zealand and Anns Control in the Pacific Region. The ANZAC Connection, Sydney, Allen & Unwin, 2009. – P. 91-118.
10. Fry G. E. The Hawke Government’s Nuclear-Free Pacific Proposal: Are the Critics Right? // Labor Forum. – September 2004. – V. 6. No. 3. – P. 17-19.
INTERNATIONAL LAW
MKRTCHYAN Gayane Yashaevna
postgraduate student of the 3rd course of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
CULTURAL RIGHTS OF INDIGENOUS PEOPLES: THEORY AND PRACTICE
The needs of indigenous peoples and their expectations of the new age are completely multi-vector, but it is the desire to preserve and flourish their own culture that is a key unifying factor for them, while an indissoluble spiritual connection with the ancestral land is important. It is this connection, tied to a specific geographical and historical identity, that distinguishes them from other minorities and disadvantaged groups. The issue of protecting the rights of indigenous peoples is inextricably linked to the existing principles of international law and, to some extent, is their continuation. The relevance is expressed in the need to increase legal instruments to ensure proper protection of the rights of indigenous peoples, in finding their new place in the modern political and public space, as well as in continuing the process of continuous development of basic human rights and freedoms, which, despite the high level of development of society, are still being infringed.
Keywords: indigenous peoples, protection of human rights, cultural diversity, collective rights, UNESCO, self-determination of peoples.
Bibliographic list of articles
1. Charter of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/about-us/un-charter/full-text.
2. UNESCO Universal Declaration on Cultural Diversity. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/cultural_diversity.shtml.
3. Universal Declaration of Human Rights. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml.
4. UN Declaration on the Rights of Indigenous Peoples. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/indigenous_rights.shtml.
5. International Covenant on Civil and Political Rights. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml.
6. General Comment No. 23 of the UN Human Rights Committee. – [Electronic resource]. – Access mode: http://hrlibrary.umn.edu/russian/gencomm/Rhrcom23.html.
7. Public hearings of the World Commission on Environment and Development (WCED), Sao Paulo (28-29 October 1985). – [Electronic resource]. – Access mode: https://www.un.org/ru/ga/pdf/brundtland.pdf.
8. Ilmari Länsman v. Finland, No. 511/1992, UN Doc. CCPR/52/D/511/1992.
9. Jouni E. Länsman v. Finland, No. 671/1995, UN Doc. CCPR/C/58/D/671.1995.
10. Apriana Mahuika et al. v. New Zealand, No. 547/1993, UN Doc. A/56/40 (2000), at 11ff.
11. Mayagna(Sumo) Awas Tingni Community v. Nicaragua, 31 Aug. 2001, Inter-Am Ct HR.
12. Abashidze A. Kh., Blishchenko I. Indigenous peoples and international law // Russian justice. – 1994. – No. 3.
13. Ananidze F. R. International legal problems of determining the status of indigenous peoples // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2000.
14. Ananidze F.R. Indigenous peoples and the right of peoples to self-determination // Bulletin of RUDN University, Series: Legal Sciences. – Moscow: Russia, 2001.
15. Volkova N.V. Cultural rights as a separate category of the human rights system: international legal aspects // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2013.
16. Garipov R. Sh. The concept of “indigenous people” and their status in international and domestic law. DOI: 10.7256/2226-6305.2013.3.5362.
17. Guseinov K.K. The problem of protecting the rights of indigenous peoples in modern international law // UrFU, Electronic supplement to the Russian Legal Journal, 2015.
18. Kupriyanov A. The dangerous world of Westphal. – Moscow, 2019. – [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/opasnyy-mif-vestfalya/?sphrase_id=28416659.
19. James S. Anaya. Indigenous People in International Law. Second Edition. – Oxford University Press, 2004.
20. John R. Bowen. Should we have a universal concept of “Indigenous people’s rights”?: Ethnicity and Essentialism in the Twenty-First Century // Anthropology Today. – 2000. – Vol. 16. No. 4.
21. Deloria Jr. Self-Determination and the Concept of Sovereignty // J. R. Wunder (ed.), Native American Sovereignty, 1996.
22. Francioni. Culture, Heritage and Human Rights: An Introduction // F. Francioni and M. Scheinin (eds), Cultural Human Rights, 2008.
23. Kymlicka W. Liberalism, Community, and Culture, 1989.
INTERNATIONAL LAW
XU Jinlin
magister student of the Russian Language Institute (Russian Language and Literature) of the Chinese Petroleum University, Huadong
DAVYDOVA Marina Vitaljevna
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
THE INFLUENCE OF INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS ON INTERNATIONAL LAW
Non-governmental organizations are playing an increasingly important role in the formation and functioning of international law. Although NGOs do not have a uniform definition and do not have international legal personality under the current system of international law, NGOs continue to influence and shape international law with a concern for the public good and public mobilization.
Keywords: non-governmental organizations, international law, international relations.
Bibliographic list of articles
1. Bezhanov I.V. Economics of sanctions and economic wars as a new state of the national economy // Discussion. – 2023. – No. 4 (119). – P. 73-86.
2. Bykova E. V. International cooperation as an integral part of the development of legal systems // International public and private law. – 2018. – No. 2. – P. 20-22.
3. Vladimir N.K. On the essence and some types of generally recognized principles of international law // International public and private law. – 2019. – No. 1. – P. 18-21.
4. Ishchenko O. A., Ishchenko I. G. Problems of implementing the norms of international law in Russian legislation // International public and private law. – 2019. – No. 3. – P. 34-38.
5. Kalamkaryan R. A. International Court of the United Nations: formation and development // State and law. – 2020. – No. 5. – P. 62-71.
INTERNATIONAL LAW
MISHALCHENKO Mariya Yurjevna
senior lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
INTERNATIONAL LEGAL AND ECONOMIC ASPECTS OF ENERGY COOPERATION BETWEEN THE RUSSIAN FEDERATION AND INDIA IN THE BRICS SYSTEM
The article examines the international legal aspects of energy cooperation between the Russian Federation and India and examines the main problems that impede effective energy integration between these countries. The interstate interaction between these countries in the energy sector in the BRICS system is considered.
Keywords: energy facilities, energy cooperation, international law, energy resources, the BRICS.
Bibliographic list of articles
1. Zhuchkova T. A. Development of nuclear energy in the world // Innovations and investments. – 2018. – No. 10. – P. 122-125.
2. Kozlov D. A. Energy cooperation between the Russian Federation and the Republic of India: challenges and opportunities // Innovations and investments. – 2020.– No. 4. – P. 54-57.
3. Kuzmin A. A., Karpova E. V., Baidetskaya M. S. Analysis of Russia’s presence in international energy markets // Energy and automation in modern society. – 2023. – pp. 95-101.
4. Manukyan R.K. Trade and economic cooperation between Russia and India in modern conditions // Economic research and development. – 2023. – No. 1. – P. 105-108.
5. Reva A. R. Oil industry of India: analysis and risks // Innovations and investments. – 2018. – No. 3. – P. 97-103.
6. Chesnokova S.V. Russia has become the largest exporter of oil to India // Eastern Analytics. – 2023. – No. 3. – P. 98-107.
7. Shortanov R. A. Investment cooperation between Russia and India in the fuel and energy sector at the present stage and development prospects // Modern economy success. – 2023. – No. 4. – P. 251-255.
INTERNATIONAL PRIVATE LAW
PIKUNOVA Alina Alexandrovna
postgraduate student of International private law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
RESPECT FOR NATIONAL INTERESTS IN THE CROSS-BORDER TRANSFER OF RIGHTS TO THE SECRET OF PRODUCTION
Purpose. This article discusses the need and possibility of disclosure by owners of confidential information regarding the secret of production, for the introduction of such results of intellectual activity on the territory of the Russian Federation.
To control the transfer of production secrets, it is possible to provide a number of provisions in international agreements that will take into account the mutual interests of the States parties to such agreements for the subsequent application of measures at the national level.
To this end, owners and developers of production secrets in certain industries need to provide information about ongoing developments, as well as about already completed developments to the state.
Additionally, it is proposed to develop a mechanism that includes a set of incentive measures for copyright holders of the secret of production and the procedure for evaluating such results of intellectual activity.
The method or methodology of the work. The system of general scientific methods consists of: analysis, synthesis, analogy. The comparative legal method was used in the study of the legislation of various states. When developing the rules for choosing the applicable law to relations arising over digital assets and the rules for resolving a preliminary conflict of laws issue, the method of legal modeling was used. To a lesser extent, in relation to other methods, a statistical method was used to analyze and compare the number of technology transfer agreements protected by confidentiality and patent license agreements.
The results consist in identifying the procedure for the safe disclosure of information regarding the secret of production, disclosing the specifics of the confidential information regime and its impact on risks in cross-border transactions; developing a concept for determining the applicable law for cross-border turnover of the secret of production and for resolving a preliminary conflict of laws issue; proposing a mechanism for disclosure by owners of confidential information regarding the secret of production for the introduction of such results of intellectual activity on the territory of the Russian Federation and the consequences for the owner if such information is not provided.
Scope of the results. The accumulated theoretical base can be used for further research on the regulation of cross-border trade in production secrets. The mechanism of accounting by the state for ongoing developments, as well as already completed developments in relation to information protected by the confidentiality regime, can be applied and fixed in the norms of law, which theoretically can allow Russia to increase profits from the use of such innovative technologies. The result of the joint efforts of the state and specialists should be such conditions under which the infrastructure for creating a commercial product based on the results of intellectual activity, namely, the secret of production, develops.
Keywords: international agreement, convention, secret of production, intellectual activity, trade secret, innovative modernization, invention, result of intellectual activity, confidential information, interests of the state, national interests.
Bibliographic list of articles
1. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (WTO, Uruguay Round of Multilateral Trade Negotiations, April 15, 1994). – [Electronic resource]. – Access mode: https://rospatent.gov.ru/ru (02.15.2023).
2. Intellectual property law: textbook / E. P. Gavrilov, O. V. Dobrynin [etc.]; edited by I. A. Gemini; Russian Institute of Intellectual Scienceproperty. – Moscow: Prospekt, 2014. – 960 pp.
3. Gulidov P. Know-how: specifics of regulation in the Civil Code of the Russian Federation / P. Gulidov // Arsenal of an entrepreneur. – 2013. – No. 3. – P. 44.
4. Danilin S. N., Borisov A. N. Commentary on part four of the Civil Code of the Russian Federation Commentary on part four of the Civil Code of the Russian Federation (article-by-article). – M.: Business Dvor, 2015. – 896 p.
5. Dorotenko D. Production secret (know-how): legal status // GARANT.RU, March 22, 2018
6. Pirogova V.V. Exhaustion of exclusive rights and parallel imports. – M.: Statute, 2008. – P. 147.
7. Sergeev A.P. Intellectual property rights in the Russian Federation. – M.: TK Welby, 2004.
8. Sagdeeva L. V. The principle of exhaustion of rights as a limitation of exclusive rights // International law. – 2017. – No. 3.
9. Shakhnazarov B. A. Parallel import and implementation of the principle of exhaustion of exclusive rights in the context of contractual relations of economic entities // Bulletin of the O. E. Kutafin University (MSAL). – 2023. – No. 9.
10. Bradley L. D., Mahony I. G., Psychogeos N. J., Naughton E. J. United States // International Licensing / General ed. Campbell D. London, England: BNA International Inc, 2005. – Pp. US/9-US/107. – 233.
11. Folsom R. H., Gordon M. W., Spanogle J. A. International Business Transactions: A Problem Oriented Coursebook. – St. Paul, West Group, 2002. – R. 1424.
12. Sehirali F. N. Schutz des know-how nach türkischem, deutschem und europäischem Recht. – Carl Heymanns Verlag KG. Köln, Berlin, Munich, 2004.
INTERNATIONAL PRIVATE LAW
TOKAREV Ruslan Yurjevich
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
BORISENKO Nikita Sergeevich
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHIKOVA 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, Krasnodar
CONFLICT OF LAWS AND SUBSTANTIVE REGULATION OF INTERNATIONAL LABOR RELATIONS
The article is devoted to the study of substantive and conflict of laws regulation of cross-border labor relations. A study was conducted of the provisions of international treaties relating to the regulation of cross-border labor relations. The main problematic issues related to the lack of conflict of laws regulation of labor relations, complicated by a foreign element in the Russian Federation, are identified. A proposal has been presented to amend the Labor Code of the Russian Federation, taking into account the most common conflict of law provisions in foreign legislation in the field of cross-border labor relations. The expediency of ratification by the Russian Federation of a number of international treaties is indicated.
Keywords: cross-border labor relations, international treaty, conflict of laws rule, autonomy of will, foreign element.
Bibliographic list of articles
1. Bekyashev D.K. International labor law (public legal aspects). – Moscow: Prospekt, 2015. – pp. 14-15.
2. 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.
3. Egiazarova M.V. Unification of norms regulating labor relations in private international law: specialty 12.00.03 “Civil law; business law; family law; private international law” // dissertation for the degree of candidate of legal sciences. – Moscow, 2018. – P. 222.
INTERNATIONAL PRIVATE LAW
IBRAKHIM Murat Muhamad S.
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHIKOVA 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, Krasnodar
PETROVSKIY Vladislav Andreevich
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
THE IMPACT OF CODIFICATION OF THE NORMS OF PRIVATE INTERNATIONAL LAW ON THE DEVELOPMENT OF MODERN CONFLICT-OF-LAWS REGULATION OF PRIVATE CROSS-BORDER RELATIONS
The article raises questions about the influence of the codification of international private law on the development of modern conflict of laws regulation of private cross-border relations. Codification of the norms of private international law is a type of systematization of law, the basis of which is the consolidation of legal norms in a certain sequence in order to optimize the regulation of private law relations that have an important connection with the legal orders of two or more countries. Through codification, legislation is filled with new content, outdated provisions are changed to modern ones, which helps to eliminate gaps. Codification of the norms of private international law acts as the highest level of systematization of legislation in this area and is associated with the revision of certain areas of law, the implementation of external and internal processing of the provisions of current legislation, which contributes to the preparation and adoption of a new structured legal act, a strictly established system of rules of which would regulate the sphere of private legal relations affected by a foreign element.
Keywords: codification, private international law, labor relations, foreign element, conflict of laws rule.
Bibliographic list of articles
1. Krutiy E. A. Modern codifications of international private law: dis. …cand. legal Sci. – M., 2012.
2. Glinshchikova T. V. International legal regulation of factoring activities // Essays on the latest cameralistics. – 2012. – No. 2.
3. Marysheva N. I., Lazareva T. P., Vlasova N. V. Civilistic Concept of International Private Law // Journal of Russian Law. – 2015.
EUROPEAN LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Sector of the Institute of State and Law of the Russian Academy of Sciences (RAS)
DELEGATION OF POWERS TO THE EUROPEAN UNION IN THE PRACTICE OF THE DANISH SUPREME COURT
The article examines the positions of the Danish Supreme Court regarding the delegation of powers to the European Union. The highest judicial body of the Kingdom rarely addressed questions about the procedure and limits of such delegation, despite the fact that the state has been involved in the European integration project for quite a long time. The first decision of the Supreme Court on the issue of delegation of powers is related to the adoption of the Maastricht Treaty of 1992, which not only established the European Union, but also significantly expanded the powers of the European Economic Community (the latter received the name of the European Community as a result of the reform). In many ways, the Supreme Court’s attempt to abstract from issues related to EU membership is due to the fact that participation in integration processes is traditionally considered in the state as the prerogative of the legislative and executive branches of government. However, the Court’s practice also recognizes the importance of the European integration project for every Danish citizen, so it accepts individual complaints regarding the possible withdrawal of the Union beyond the limits of delegated powers. Such a complaint was also sent by the applicants regarding Denmark’s accession to the Lisbon Treaty of 2007, the adoption of which marks the newest phase of the EU’s development. In 2016, the Supreme Court considered the Ajos case, in which, for the first time, it refused to follow the position of the EU Court of Justice expressed in response to a preliminary request. Finally, it is concluded that the Danish supreme judicial authority, like other European courts, is undergoing an inevitable process of forming its own position on the delegation of sovereign powers.
Keywords: Denmark, Folketing, Supreme Court, constitutional law, sovereignty, delegation of authority, identity, European law, European Union.
Bibliographic list of articles
1. Engström, V. How to Tame the Elusive: Lessons from the Revision of the EU Flexibility Clause // International Organizations Law Review. 2010. No. 7 (2). P. 343-373.
2. Kashkin S. Yu., Chetverikov A. O. European Union: Fundamental Acts as amended by the Lisbon Treaty with comments. Moscow: INFRA-M, 2007.
3. Krunke H., Baumbach T. The Role of the Danish Constitution in European and Transnational Governance// National Constitutions in European and Global Governance / Ed. by A. Albi, S. Bardutzky. The Hague: T.M.C. Asser Press, 2019, pp. 269-313.
4 Lebedeva Y. Positions of the Federal Constitutional Court of Germany regarding certain aspects of European integration // Comparative Constitutional Review. 2023. No. 4 (155). pp. 76-92.
5. Terkelsen O. The Ajos Case and the Danish Approach to International Law // European Public Law. 2018. 24 (2). P. 183-193.
6. Entin K.V. The law of the European Union through the prism of the practice of the Court of Justice of the European Union. Moscow: Statute, 2020.
7. Lebedeva Ya. I. Protection of human rights in the practice of the EU Court: from origins to the present // Journal of foreign legislation and comparative law. 2023. T. 19, No. 4. P. 120-131.
8. Madsen M., Olsen H. Legal Disintegration? The Ruling of the Danish Supreme Court in AJOS. [Electronic resource]. – Access mode: https://verfassungsblog.de/legal-disintegration-the-ruling-of-the-danish-supreme-court-in-ajos/
9. Benackova M. Ajos (Dansk Industri) – A challenge to the primacy of EU law? [Electronic resource]. – Access mode: https://blogs.kcl.ac.uk/kslreuropeanlawblog/?p=1150
EUROPEAN LAW
CHERNOBAEV Sergey Valerjevich
master of Law, postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
EXAMINING THE EVOLUTION OF DIGITAL MARKETS AND THE SIGNIFICANCE OF APPLYING ARTICLE 102 TO SAFEGUARD COMPETITION
This article examines the evolution of the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) in digital markets and its importance for the protection of competition. It explores both technological progress and new business models that necessitate the adaptation of traditional legal frameworks. The author analyzes how changing the concepts of market dominance and competition under the influence of digitalization requires flexible, innovative approaches in legal and economic policy to effectively protect the competitive market. The article offers recommendations for ensuring fair competition, which takes into account the unique features of the digital economy, and emphasizes the importance of a balance between regulation and stimulating innovation. Based on the relevant works of scientists and the analysis of judicial practice, the author concludes that in the future regulation should support the dynamic nature of digital markets and promote their correct and honest development.
Keywords: law; antitrust law, EU competition law, article 102 TFEU, European Court of Justice, EU case law, digital monopoly.
Bibliographic list of articles
1. The Application of EU Competition Law in the Digital Age // Journal of European Competition Law & Practice. – 2023. – [Electronic resource]. – Access mode: https://academic.oup.com/jeclap/article-abstract/13/1/51/6517652?redirectedFrom (access date: 01/12/2024).
2. The Role of Data in Competition Law: Towards a More Dynamic Market Analysis // Computer Law & Security Review.
3. Streitfeld D. Digital Dominance: The Power of Google, Amazon, Facebook, and Apple // Law Insider Journal.
4. Van Damme. Challenges of Antitrust in a Digital Economy // The Journal of Competition Law & Economics.
5. Jones A. Platform Powers: Exploring the Evolving Nature of Monopoly Power in Digital Markets // European Competition Journal. – 2023.
6. Antitrust and Regulation in the EU Digital Single Market // Journal of European Competition Law & Practice. – 2022. – [Electronic resource]. – Access mode: https://academic.oup.com/jeclap/article-abstract/12/3/181/6174324 (access date: 12/30/2023).
7. Case: T-612/17 – Google and Alphabet v Commission (Google Shopping). – 2021. – [Electronic resource]. – Access mode: https://curia.europa.eu/juris/liste.jsf?num=T-612/17 (access date: 12/20/2023).
8. Case: AT.40153 E-book MFNs and related matters (Amazon). – 2017. – [Electronic resource]. – Access mode: https://ec.europa.eu/competition/antitrust/cases/dec_docs/40153/40153_4392_3.pdf (access date: 12/20/2023).
INTEGRATION LAW
NAKRYZHSKAYA Valeriya Arkadjevna
postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
REFLECTION OF ESG PRINCIPLES IN INDUSTRIAL POLICY OF THE EUROPEAN UNION, EURASIAN ECONOMIC UNION AND THE PEOPLE’S REPUBLIC OF CHINA
The purpose of this article is to analyze the practice of ESG principles implementation in the industrial policies of the European Union (EU), the Eurasian Economic Union (EAEU) and the People’s Republic of China (PRC). The author examines in detail the latest regulatory documents and acts of strategic nature of the two economic associations, identifying the specifics of the integration of ESG principles in the sphere of industrial policy, subsequently making a comparison with the experience of China. The article also highlights the development goals of industrial policy aimed at achieving sustainable development. The results of the study contribute to an in-depth understanding of approaches to integrating ESG principles into the field of industrial activities, as well as identifying common trends and differences between regional economic unions and the most industrially oriented state.
Keywords: industrial policy, European Union, Eurasian Economic Union, China, ESG principles, industrial decarbonization.
Bibliographic list of articles
1. Tatarkin A.I. Industrial policy as the basis for systemic modernization of the Russian economy // Bulletin of ChelSU. – 2008. – No. 19.
2. Klevtsov S. M., Tevyashova A. S. Application of the “Green” economy model at the global level and in the Central Black Earth region of the Russian Federation // Tauride Scientific Observer. – 2017. – No. 3-2 (20).
3. Rastopchina Yu. L., Kovaleva E. I. “Green” economy and “Green” investments of China: opportunities and prospects // Scientific result. Economic research. – 2023. – No. 3.
4. Gursky V. L. Theoretical foundations for the formation of a general strategy for the development of industry of the EAEU member states // News of the National Academy of Sciences of Belarus. Humanities Series. – 2023. – T. 68. No. 1. – P. 61-71.
5. Report of the IEA working group Prospects for energy technologies // International Energy Agency. – 2023.
6. Simone Tagliapietra, Reinhilde Veugelers, Jeromin Zettelmeyer. Rebooting the European Union’s Net Zero Industry Act // Bruegel Blueprint. – 2023.
7. Hongtao Shen, Honghui Lin, Wenqi Han, Huiying Wu. ESG in China: A review of practice and research, and future research avenues // China Journal of Accounting Research. – 2023. – Volume 16. Issue 4.
8. Alexander van Kemenade, Anjali Shukla, Jin Yanning, Georgia McCafferty, Helena Lim, Amanda Simms. ESG priorities in China: How companies in China are approaching ESG // Fidelity International.
9. Xiao Wang, Kuan Sun, Zhiguo Xiao. Industrial Policy and the Rise of China’s Strategic Emerging Industries // American Economic Association. – 2022.
COMPARATIVE LAW
IZRALOVSKIY Nikolay Romanovich
student of the Faculty of Law of the St. Petersburg University
PETROVA Antonina Sergeevna
student of the Faculty of Law of the St. Petersburg University
DIGITALIZATION OF CIVIL PROCEEDING IN BRICS COUNTRIES: BRAZILIAN AND SOUTH AFRICAN EXPERIENCE
In 2023, the authors conducted a study of the digitalization of civil procedure in the BRICS countries. This paper is the first part of a series of publications of the outcomes of the academic analysis of this phenomenon. The authors start with a review of the general problems of digitalization of civil procedure in the BRICS countries, then successfully turn to the experience of Brazil and the Republic of South Africa in the introduction of digital technologies in civil procedure and the application of artificial intelligence in the activities of the courts. In conclusion, the authors conclude that the pace of digitalization varies and that it is necessary to create an up-to-date legislative framework that takes into account the latest achievements of information technologies.
Keywords: civil procedure, BRICS, Brazil, South Africa, digitalization, artificial intelligence technologies.
Bibliographic list of articles
1. Razveykina N. A., Shikhanova E. G., Dmitriev A. V. Digitalization of Legal Proceedings as a Way to Ensure Access to Justice // Bulletin of Perm University. Legal sciences. – 2022. – No. 58. – P. 621-627.
2. Rusakova E.P., Frolova E.E. Current Problems of Digital Justice in the BRICS Countries // Smart Technologies for the Digitization of Industry: Entrepreneurial Environment. Smart Innovation, Systems and Technologies. – 2021. – Vol. 254. – P. 143-153.
3. Prasałek, J. Digitalization of civil proceedings. // Scientific Journal of Bielsko-Biala School of Finance and Law. Bielsko-Biała, PL. – 2015. – No. 3. – P. 82-104.
4. Damian C., et al. Regulation of Artificial Intelligence in BRICS and the European Union. // BRICS Law Journal. – 2021. – No. 1. – R. 86-115.
5. Rahbari, E., Shabanpoor, A. The Challenges in Employing AI Judge in Civil Proceedings. // Legal Research Quarterly. – 2023 – No. 25. – R. 419-444.
6. Kleinberg, J., Ludwig, J., Mullainathan, S., Sunstein, C. R. Discrimination in the Age of Algorithms. // Journal of Legal Analysis. – 2018. – No. 10. – R. 113-174.
7. Kerche, F., de Oliveira, V. E., Couto C. C. The Brazilian Councils of Justice and Public Prosecutor’s Office as Instruments of Accountability // Brazilian journal of public administration. – 2020. – No. 5. – R. 1334-1360.
8. Legg, M., Song, A. The courts, the remote hearing and the pandemic: from action to reflection. // UNSW Law Journal. – 2020. – No. 1. – R. 126-166.
9. De Souza, J., Finger, M., De Araújo, J., Maranhão, J. Selecting and ranking leading cases in Brazilian Supreme Court decisions. // The Knowledge Engineering Review. – 2023.– No. 38. – E7.
10. Brait, B., Pistori, M. H. C., Dugnani, B. L., Stella, P. R., & Rosa, C. G. Ethical Answerability in Science, Art, and Life. // Bakhtiniana: Revista de Estudos do Discurso. – 2023. – No. 18 (1).
11. Mabeka, N. Q. The impact of e-technology on the law of civil procedure in South Africa. Abstract of the dissertation for the degree of Doctor of Law. Pretoria, Gauteng, South Africa, 2018. – R. 275
12. Van Der Merwe, D., Roos, A., Erlank, W., Eiselen, S., Nel, S., Mabeka, Q. & Pistorius, T., Information and Communications Technology Law 3rd Ed. // South Africa: LexisNexis, 2022.
THEORY OF STATE AND LAW
ABYZOVA Elena Raviljevna
Ph.D. in Law, associate professor, Judge of the Arbitration Court of Moscow
THE DEVELOPMENT OF THE INFORMATION COMPONENT OF CIVIL SOCIETY
Civil society cannot be opposed to the state. They are closely interrelated and interdependent social, political and legal phenomenon, the implementation of which the leading role belongs to the ideal civil society, creates a mechanism to achieve the public interest, including through the abuse of an individual personality, what is the state. Eliminating beginning integrating, what appears to state that restricts the individual individualism, and implies the abolition of the civil society, its conversion into unrelated set of individuals that could lead to anarchy reign. Based on this thesis, we can conclude that if a person is part of a particular social system, his being in it implies a functional relationship between them, as well as the transformation of the system as a result of human activity: the system itself and the person individually developing, acquiring new properties and forms. As one of such forms currently the information society is developing.
Keywords: information revolution, the rule of law, electronic state, right, state, the functions of the state, making the right, information society.
Bibliographic list of articles
1. Bachilo I. L. On the connection between civil society and information society in the context of globalization // Proceedings of the Institute gosudarstva i prava Rossiiskoi akademii nauk. 2011. No. 6. S. 64.
2. Hegel G.V. Philosophy of Law. M., 1990.
3. Grudtsyna L. Yu. Philosophical and legal concept of civil society as a self-organizing social system: from Hegel to the present day // Administrative and municipal law. 2014. No. 4.
4. Lebedev P. A., Petukhova S. I. Social media: indicators of the development of the information society // Monitoring obshchestvennogo mneniya: economic and social change. 2010. No. 5. S.9.
5. Levashov V.K., Saryan V.K., Nazarenko A.P., Novozhenina O.P., Toshchenko I.Zh., Shushpanova I.S., Salomatina E.V. Development of information and communication technologies and prospects civil society // Sociological studies. 2016. No. 9.
6. Martin W. Concepts of the information society. 2017.
7. Mikhailova E.V., Skogorev A.P. The role of information technologies in the development of civil society in modern Russia (Internet practices) // Political Conceptology. 2017. No. 2.
8. Pozdnyakov E. A. Russian civil society: illusions and reality // Political class. 2006. No. 22.
9. Ponomareva A. E. Electronic democracy in the conditions of development of electronic government in the Russian Federation // Young scientist. 2021. No. 21 (363).
10. Palazyan A. S. Modern law: functional aspect. M., 2009. P. 215.
11. Ilyicheva M. V. State and institutions of civil society: interaction in digital reality: political science analysis: diss. for the job application Candidate of Science Degree watered Sci. M., 2021. P. 181.
12. Bell D. Social framework of the information society // New technocratic wave in the West. M., 1986.
13. Bell D. The Coming Post-Industrial Society. M., 2001. P. 57.
14. Castells M. The power of originality // New post-industrial wave in the West. Anthology / Under. ed. V. L. Inozemtseva. M., 1999. P. 300.
15. Luhmann N. Globalization of the world community: how to systematically understand modern society // Sociology on the threshold of the 21st century: new directions of research. M., 1998.S. 96.
16. Bauman Z. The Individualized Society. Cambridge: Polity Press, 2001. R. 191.
17. Castells M. Information era: economics, society and culture. M., 2000. P. 35.
18. New technocratic wave in the West: Sat. articles. M., 2000. P. 159.
19. Nye S. J. (Jr.). About the “dispersion of power” The future of power. M., 2014. P. 444.
THEORY OF STATE AND LAW
BASKAKOVA Ekaterina Vitaljevna
magister student of the Higher School of Jurisprudence and Forensic-Technical Expertise at the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
TEBRYAEV Alexander Alexandrovich
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
TRANSFORMATION OF THE INSTITUTION OF TORT LIABILITY IN THE CONTEXT OF THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
The lack of clear legal regulation regarding the distribution of legal responsibility for harm caused by artificial intelligence has a negative impact on the level of public trust in intelligent systems, and also hinders the pace of potential development of innovative technologies. The purpose of this study is to develop a relevant model of legal regulation of compensation for harm caused by artificial intelligence within the Russian legislative field.
Scientific research is based on a methodological basis, including the use of universal scientific methods, as well as special legal methods.
Based on scientific research and foreign experience, proposals have been developed to improve Russian legislation.
Keywords: artificial intelligence, tort, tortious obligation, legal liability, risk-based approach.
Bibliographic list of articles
1. Iriskina E. N., Belyakov K. O. Legal aspects of civil liability for causing harm by the actions of a robot as a quasi-subject of civil relations // Humanitarian Informatics. – 2016. – No. 10. – P. 63-72.
2. Laptev V. A. The concept of artificial intelligence and legal responsibility for its work // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – P. 79-102.
3. Nikitenko S.V. Concepts of tort liability for harm caused by artificial intelligence systems // Bulletin of Economic Justice of the Russian Federation. – 2023. – No. 1. – P. 156-174.
4. Tyutcheva E. S. Legal personality of an “electronic entity”: theoretical analysis // Theoretical and applied jurisprudence. – 2022. – No. 2 (12). – pp. 50-58.
THEORY OF STATE AND LAW
BISYARINA Alina Kharisovna
Head of the Editorial and Publishing Department of the Ufa Law Institute of the MIA of Russia, lieutenant of colonel police
ACTIVITIES OF THE RUSSIAN FEDERATION TO COUNTER TRAFFICKING IN MINORS IN THE PERIOD FROM 2000 TO THE PRESENT (HISTORICAL AND LEGAL RESEARCH)
The author examines the development of Russian legislation on combat trafficking in minors in the period from 2000 to the present. It is noted that during the period under review, a new vector of development of Russian legislation in the field of combat trafficking in minors is observed. As a result of an integrated approach to the problem on the part of the State, which was expressed in improving legislation on ensuring the rights of minors and directly combating trafficking in minors, bringing it to international standards, as well as modernizing the organizational and legal mechanism for countering, today trafficking in minors does not carry a threatening character.
Keywords: minors, trafficking in minors, development of legislation, countering trafficking in minors, legislation to combat trafficking in minors.
Bibliographic list of articles
1. Cockbain E., Bowers K. & Dimitrova G. Trafficking in persons for the purpose of labor exploitation: results of a two-stage systematic review reflecting the European evidence base and synthesizing key research data // J Exp Criminol 14, 319–360 (2018). [Electronic resource]. – Access mode: https://doi.org/10.1007/s11292-017-9321-3.
2. Glotov S. A., Salnikov S. V. Combating human trafficking: legal regulation, foreign and domestic practice. M.: International Law Institute, 2009. 231 p.
3. Karpovich O. G. Management of migration processes in the USA and Russia: comparative analysis. M., 2015. 194 p.
4. Klimantova G.I., Fedotovskaya T.A. The main problems of improving the legislative framework of the state policy for the protection of childhood in the Russian Federation // Analytical Bulletin / founder of the Federation Council. Collection Ross. Federation, Analyt. ex. No. 3: Children’s rights in the Russian Federation: legislation and practice, 2003. pp. 6-14.
5. Markovicheva E. V. Legal support of the rights of minors in the Russian Federation: dis. …cand. legal Sciences: 12.00.01. Volgograd: Volgogr. acad. Ministry of Internal Affairs of Russia, 2003. 201 p.
6. Mizulina E. B. Human trafficking and slavery in Russia: international legal aspect: monograph. M.: Yurist, 2006. 591 p.
7. Samantha Weston, Gabe Mithen. Dealing with ‘risk’ and negotiating: exploring the impact of Awareness Raising Events to Prevent Child Sexual Exploitation // Britainky journal of criminology. Volume 60. No. 2. March. 2020 [Electronic resource]. – Access mode: https://doi.org/10.1093/bjc/azz045 (date of access: 07.13.2021).
8. Martin Nordin. Does Eligibility for Tertiary Education Affect Crime Rates? Quasi-Experimental Evidence // J Quant Criminol (2018). 34.805-829. [Electronic resource]. – Access mode: https://doi.org/10.1007/s10940-017-9355-8 (access date: 07.13.2021).
9. Skachkova G. S. Labor contract in Russia: from the Labor Code of 1918 to the Labor Code of 2001 // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2017. No. 2 (60). pp. 145-173.
THEORY OF STATE AND LAW
GORBUNOV Maxim Dmitrievich
Ph.D. in Law, senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevsky Nizhny Novgorod National Research State University
THE BASIS OF THE DISCOURSE ABOUT THE PLACE OF THE HUMAN IN LEGAL REGULATION
The article raises the problem of an ambiguous understanding of human nature in legal philosophy in the context of legal regulation. There are two groups of theories that answer this question in fundamentally different ways. The first positivist theories are based on the need to limit human vices with the help of compulsory law and order. The second theories proclaim the priority of man and presume that law should ensure the natural desire for good.
Keywords: legal positivism, natural law, humanism, normative system, philosophy of law.
Bibliographic list of articles
1. Vorontsov E. A. The concept of political freedom of Charles Louis Montesquieu // Man. Society. Inclusion. – 2017. – No. 2 (30). – pp. 53-61.
2. Gainutdinova L. A., Gainutdinov R. I. Ideas of C. Montesquieu “about the spirit of the people” and “the way of government” and their influence on modern Russian conservatism // Bulletin of the Russian Christian Humanitarian Academy. – 2021. – No. 4-2. – pp. 197-212.
3. Locke J. Works in 3 volumes: T. 3. – M.: Mysl, 1988. – 668 p.
4. Montesquieu S. Selected works on the spirit of laws / S. Montesquieu; lane from fr. A. G. Gornfeld. – M.: Gospolitizdat, 1955. – 274 p.
5. Montesquieu S. On the spirit of laws. – M.: Mysl, 1999. – 672 p.
6. Austin J. The Province of Jurisprudence Determined / Ed. Rumble W. – Cambridge: Cambridge University Press, 1995. – 344 p.
7. Bentham J. An Introduction to the Principles of Morals and Legislation / Eds. Burns J. H., Hart H. L. A. – Oxford: Clarendon Press, 1970. – 343 p.
8. Bentham J. The Works of Jeremy Bentham. Vol. I. – Edinburgh: W. Tait; Simpkin & Marshall, 1838. – 303 p.
9. Dyzenhaus D. Consent, Legitimacy and the Foundation of Political and Legal Authority / Webber J., Macleod C. // Between Consenting Peoples: Political Communities and the Meaning of Consent. – Vancouver: UBC Press, 2010. – P. 163-187.
10. Hobbes T. Leviathan / Ed. Tuck. R. – Cambridge: Cambridge University Press, 1996. – 618 p.
11. Skinner Q. Hobbes and the Purely Artificial Person of the State // Visions of Politics: Volume III: Hobbes and Civil Science. – Cambridge: Cambridge University Press, 2002. – P. 177-208
THEORY OF STATE AND LAW
GINDULLIN Nail Faniljevich
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
KADYROVA Guzel Faniljevna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
RELATIONSHIP BETWEEN THE CONCEPTS OF “RESPONSIBILITY” AND “PUNISHMENT” IN JURISPRUDENCE
The article discusses different approaches to understanding the definitions of “responsibility” and “punishment”. It is shown that the proposed concepts are not mutually exclusive and do not always contradict each other; rather, they complement each other and reflect different faces of the phenomenon of legal liability itself. The author also touches on the issue of the relationship between two types of legal liability: positive and retrospective.
Keywords: responsibility, punishment, coercion, sanction, legal relationship.
Bibliographic list of articles
1. On crimes and punishments / C. Beccaria; Comp. and preface V. S. Ovchinsky; Per. with it. M. M. Isaeva. M.: INFRA-M, 2010. P. 89.
2. Halfina R. O. General doctrine of legal relations. M., Legal literature, 1974, 348 p.
3. Matuzov N. I., Malko A. V. Theory of state and law. M.: Yurist, 2004. 512 p.
4. Kosolapov R., Markov V. Freedom and responsibility. M.: Politizdat, 1969. P. 68.
5. Nedbaylo P. E. System of legal guarantees for the use of Sovietlegal norms // Jurisprudence. 1971. No. 3. P. 50.
6. Nazarov. B. L. Socialist law in the system of social connections. M.: Legal literature, 1976. 312 p.
7. Lukashuk I. I. Law of international responsibility. M.: Wolters Kluwer, 2004.
THEORY OF STATE AND LAW
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in law, associate professor of Theory of law and public law disciplines sub-faculty of the Samara State University of Economics
SKVORTSOV Dmitriy Sergeevich
postgraduate student of the 2nd course of the Samara State University of Economics
FORMATION OF THE LEGAL CULTURE OF CITIZENS AS A PRIORITY OF THE LEGAL POLICY OF MODERN RUSSIA
The article presents a brief analysis of the essence of such a scientific category as “legal culture”. To understand the essence of this concept, the author analyzes the main functions of legal culture. The article also examines the problem of legal nihilism in the Russian Federation.
Keywords: legal culture, legal policy, legal education, legal awareness, civil society, functions of legal culture, legal nihilism.
Bibliographic list of articles
1. Alekseev S.S. General theory of law: a course in 2 volumes – M.: Legal literature, 1981. – T. 1. – 360 pp.
2. Balyuk G.I. Interrelation of legal culture and socialist democracy. – K.: Knowledge, 1984. – 221 p.
3. Kartashov V. N. Legal culture: concept, structure, functions: monograph – Yaroslavl: Yaroslavl State. University, 2008. – 200 pp.
4. Levina S. V. Theoretical aspects of the educational function of law // Intellectual potential of the 21st century: stages of knowledge. – 2010. – No. 1. – P. 348.
5. Slavova N. A. Legal culture: concept and functions // Bulletin of the Volga University named after. V. N. Tatishcheva. – 2020. – T. 1. No. 3 (96). – pp. 48-55.
THEORY OF STATE AND LAW
SALNIKOV Viktor Petrovich
Ph.D. in Law, professor of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation, Academician of the Russian Academy of Natural Sciences, Honored Scientist of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation
CHAYKA Viktoriya Nikolaevna
Ph.D. in Law, associate professor of Economics and law sub-faculty of the St. Petersburg State Fire Service University of the Ministry of Emergency Situations of Russia
PROKOFJEV Konstantin Georgievich
Ph.D. in Law, associate professor of the branch of Moscow University of Finance and Law in Orsk
TOWARDS THE ANTHROPOLOGY OF LAW: TRANSFORMATIONS OF MODERNITY AND NEW PERSPECTIVES OF LEGAL CONSCIOUSNESS
The article examines current trends in legal consciousness and legal culture as a response to the value and metaphysical shifts of our time. Modernity and postmodernity form a fundamentally new paradigm for building value priorities, which is manifested in the emergence of new, networked, non-institutionalized forms of legal consciousness. Can the classical paradigm of law remain stable in the modern situation, based on the values of tradition, culture, and religion?
Keywords: modernity, risk society, legal consciousness, legal culture, transformation, tradition, security, unconscious.
Bibliographic list of articles
1. Amanatsky Yu. V., Aliev Ya. L. Revival of patriotism and current problems of patriotic education in Russia: Monograph. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2020. – 232 p.
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THEORY OF STATE AND LAW
SKUDARNOV Alexey Sergeevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
ABOUT INDUSTRY TYPES OF LEGAL RESPONSIBILITIES
The article analyzes the problem of the industry criterion for differentiating legal liability into types. Traditional for domestic jurisprudence is the division of legal liability into civil, criminal, administrative, disciplinary and material. Such a classification is based on the type (by degree and nature) of the offense committed by the subject. However, in recent years, the allocation of types of legal liability has become widespread, depending on the branch of law in which it is applied. Some learned note that the presence of its own institution of legal responsibility is a necessary feature of the branch of law, along with the subject and method of legal regulation. At the same time, the ongoing process of division of the system of domestic law and the emergence of new industries, including complex ones, cast doubt on the possibility of forming independent types of legal liability in some of them. In addition, this approach does not allow us to justify the cases of coexistence in one branch of law of several types of legal liability (for example, the presence in labor law of both disciplinary and material liability) or, on the contrary, the regulation of one type of legal liability by the norms of several branches (for example, the legal regulation of criminal liability norms of criminal and criminal procedure law). Given the above circumstances, the article attempts to formulate general theoretical criteria for the independence of a particular type of legal liability. Among them, according to the author, should include the presence of their own legal and factual grounds, a special system of encumbrances of the offender and a separate application procedure. As a result of the study, a conclusion was made about the intersectoral nature of the institution of legal responsibility and the debatability of the industry criterion for dividing it into types.
Keywords: law, legal enforcement, legal responsibility, branch of law, offense.
Bibliographic list of articles
1. Efanov V. A. Differentiation of legal responsibility as an objective process of modernization of modern Russian law // Bulletin of Tambov University. Series: Humanities. – 2008. – No. 1 (57). – P. 334.
2. Petrov V.V. Environmental law of Russia. – M., 1997. – 557 pp.
3. Romanov V.I. Legal responsibility for environmental offenses. – Yoshkar-Ola, 1999. – 202 p.
4. Brinchuk M. M. Environmental and legal responsibility is an independent type of responsibility // Lexrussica. – 2016. – No. 6. – P. 26-46.
5. Lipinsky D. A. Legal nature of legal responsibility in criminal enforcement law // Applied legal psychology. – 2017. – No. 3. – P. 133-140.
6. Zrazhevskaya, T. D. Implementation of constitutional legislation: problems of theory and practice. – M.: Norma, 2017. – P. 88.
7. Kondrashev A. A. Institute of constitutional and legal responsibility in the subject of constitutional law: facets of correlation // Current problems of Russian law. – 2018. – No. 10. – P. 184-194.
8. Constitutional law of Russia. Training course (textbook in two volumes, volume one; seventh edition, revised and supplemented). / Avakyan S. A. – M.: Norma: INFRA-M, 2021. – 864 pp.
9. Batyrov S. E. Financial and legal responsibility. Author’s abstract. dis. …cand. legal Sci. – M., 2003.
10. Sattarova N. A. Financial responsibility: abstracts of reports of the international scientific and practical conference. – Saratov, 2003. – pp. 74-75.
11. Bespalov Yu. F. Family legal responsibility and limitation of family rights // Journal of Russian Law. – 2014. – No. 2. – P. 45-51.
12. Bessonov A. A. Procedural norms of Russian law: dis. …cand. legal Sci. – Saratov, 2001. – 194 p.
13. Vitruk N.V. General theory of legal responsibility. 2nd ed., rev. and additional – M.: Norma, 2009. – 432 pp.
14. Chuklova E. V. Procedural responsibility in the system of legal responsibility // Vector of Science TSU. Series: Legal sciences. – 2013. – No. 4. – P. 68-70.
15. Khachaturov R. L. Formation of branches of law in the Russian Federation // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (41). – pp. 91-96.
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THEORY OF STATE AND LAW
SHOGENOV Timur Mukhamedovich
Ph.D. in economical sciences, Deputy Head of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
KUCHMEZOV Arsen Nurbievich
senior lecturer of Physical training sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
BURAEVA Lyudmila Alechandrovna
Ph.D. of physics-mathematical sciences, senior researcher of the Research Direction of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
CURRENT PROBLEMS OF COUNTERING INFORMATION THREATS IN EDUCATIONAL INSTITUTIONS
The authors of the article conducted a study of topical issues related to large-scale fake information attacks aimed at destabilizing the situation and spreading panic in educational institutions in many cities of Russia. The measures taken by state bodies aimed at ensuring the information security of educational institutions in modern conditions of foreign political instability, characterized by the intensification of the activities of Western special services aimed at maintaining destructive subversive forces, are considered.
Keywords: fakes, fake information attacks, information confrontation, information security, educational institutions, schools, students, destabilization of the situation in schools, messengers.
Bibliographic list of articles
1. Day of the creation of the Office for organizing the fight against illegal use of information and communication technologies (October 11). – [Electronic resource]. – Access mode: https://prov ladimir.info/?module=articles&action=view&id=24758 (date of access: 02/09/2024).
2. Code of the Russian Federation on Administrative Offenses dated December 30. 2001 No. 195-FZ (as amended on December 25, 2023) // SPS “ConsultantPlus” (date of access: 02/09/2024).
3. The Ministry of Education of the Republic of Moldova warns of massive information attacks on schools from the Ukrainian side. – [Electronic resource]. – Access mode: http://www.vsar.ru/36295_ministerstvo _obrazovaniya_rm_preduprejdaet_o_massovyh_informatsionnyh_atakah_na_shkoly_s_ukrainskoy_storony (date of access: 02/09/2024).
4. Is school security reliable? Fake threats are being sent throughout the country. – [Electronic resource]. – Access mode: https://kaluga.aif.ru/society/details/nadyozhna_li_zashchita_shkol_feykovye_ugrozy _rassylayut_po_vsey_strane (date of access: 02/09/2024).
5. On amendments to some acts of the President of the Russian Federation: decree of the President of the Russian Federation dated September 30. 2022 No. 688 // SPS “ConsultantPlus” (date of access: 02/09/2024).
6. On approval of the Regulations on the Office for organizing the fight against illegal use of information and communication technologies of the Ministry of Internal Affairs of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated December 29. 2022 No. 1110 // SPS “ConsultantPlus” (date of access: 02/09/2024).
7. Omsk residents are urged not to believe fake news about attacks on schools. Rambler reports this. – [Electronic resource]. – Access mode: https://news.rambler.ru/incidents/51989945/?utm_content=news_media &utm_medium=read_more&utm_source=copylink (date of access: 02/09/2024).
8. Letters from Internet terrorists: hooliganism or a special operation to destabilize the situation? – [Electronic resource]. – Access mode: https://www.pnp.ru/social/psikhiatr-rasskazal-kto-i-pochemu-miniruet-shkoly.html (date of access: 02/09/2024).
9. A real war has been launched against Russia. – [Electronic resource]. – Access mode: https://www.gazeta.ru/politics/2022/05/20/14882558.shtml (access date: 02/09/2024).
10. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on December 25, 2023) // SPS “ConsultantPlus” (date of access: 02/09/2024).
11. They wanted the best: fakes about school shooting caught the ears of Russians. – [Electronic resource]. – Access mode: https://iz.ru/1234717/ekaterina-korinenko/khoteli-kak-luchshe-feiki-o-skulshutinge-podniali-na-ushi-rossiian (date of access: 02/09/2024).
12. Shogenov T. M., Fedorenko S. P., Buraeva L. A. On new factors of youth extremism in the conditions of modern foreign policy instability // Eurasian Legal Journal. – 2023. – No. 8 (183). – pp. 431-432.
THEORY OF STATE AND LAW
YAKOVLEV Mikhail Valerjevich
Ph.D. in Law, Deputy Head of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation
NIKONOV Dmitriy Anatoljevich
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation
AVRAMOV Stepan Olegovich
adjunct studentt (full-time and part-time study) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation
LEGAL CULTURE AS A DETERMINANT OF THE EFFECTIVE APPLICATION OF LEGAL INCENTIVES AND RESTRICTIONS
This article highlights the role of legal culture and legislative incentives in the formation of behavioral norms in society. It explores how the legal system, through its laws, influences the daily lives of citizens, establishing the framework of acceptable and unacceptable behavior. Particular attention is paid to the analysis of legal incentives used to encourage or restrict certain actions, and their influence on the formation of legal consciousness and legal culture. The authors point out the potential problems and limitations associated with the use of legal mechanisms as a tool for social management.
Keywords: professional legal culture, legal culture, legal consciousness, legal incentives, legal restrictions.
Bibliographic list of articles
1. Ananskikh I. A., Utkin N. I. Family as a moral and legal value of Russian society // Legal science: history and modernity. – 2023. – No. 10. – P. 12-15.
2. Baranov V. M. Incentive norms of Soviet socialist law. – Saratov, 1978. – 147 p.
3. Bastrykin A.I., Salnikov V.P. The idea of man in the teachings of F.M. Dostoevsky about law and state // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 4. – P. 9-19.
4. Bastrykin A.I., Ismagilov R.F., Salnikov V.P. The relationship between the idea of absolute good and human freedom in the philosophy of law of F.M. Dostoevsky // Legal science: history and modernity. – 2021. – No. 6. – P. 176-181.
5. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The idea of absolute Good in Dostoevsky’s philosophy of law: its relevance in the context of constitutional reforms // Amendments to the Constitution of the Russian Federation and prospects for the development of regional legislation: Collection of materials of the All-Russian scientific practical conference (Ufa, March 24, 2021) / Rep. ed. N.V. Yamaletdinova. – Ufa: RIC BashSU, 2021. – pp. 67-76. – V. Sat. 310 pp.
6. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The idea of Good in the works of F. M. Dostoevsky and its influence on the development of the philosophy of law (to the 200th anniversary of F. M. Dostoevsky) / Opening speech by the professor A. Alexandrova. 2nd edition, corrected, supplemented; Investigative Committee of the Russian Federation. – St. Petersburg: University Foundation, 2023. – 456 p. (Series: “Science and Society”).
7. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The idea of law of modern times and the philosophical heritage of F. M. Dostoevsky: ideological opposition of two models // The rule of law in the modern world: Collection of materials of the International Scientific and Practical conference (Ufa, May 18, 2021) / Rep. ed. N.V. Yamaletdinova. – Ufa: RIC BashSU, 2021. – pp. 74-85. – on Sat. 395 pp.
8. Bastrykin A.I., Ismagilov R.F., Salnikov V.P. Philosophy of law F.M. Dostoevsky and the system of moral and legal values of the peoples of Russia in the 21st century // Legal science: history and modernity. – 2020. – No. 9. – P. 168-181.
9. Bastrykin A.I., Ismagilov R.F., Salnikov V.P. Man and people as the highest values in the philosophy of law of F.M. Dostoevsky // Legal science: history and modernity. – 2021. – No. 3. – P. 165-172.
10. Bryleva E. V., Ignatieva S. V., Salnikov M. V. Social entrepreneurship as the implementation of the principle of true justice // Education and Law. – 2022. – No. 7. – P. 340-349.
11. Vinogradova E. V., Salnikov V. P., Zakhartsev S. I. Justice for justice M. I. Cleandrov. Justice and fairness // State and law. – 2022. – No. 8. – P. 190-194.
12. Vinogradova E. V., Zakhartsev S. I., Salnikov V. P. Law, freedom, law. Buttress // Education and law. – 2021. – No. 9. – P. 30-35.
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39. Morozov A. I., Prokofiev K. G., Sergeeva A. Yu. The institution of family as a moral and legal value (on the issue of sovereign legal ideology as the basis of family law of the Russian Federation) // Legal science: history and modernity. – 2019. – No. 12. – P. 107-114.
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52. Salnikov V.P., Salnikov M.V. National-ethnic values in legal culture and political-legal traditions // Bulletin of the Bashkir University. – 2014. – No. 3. Volume 19. – P. 1096-1099.
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58. Sitkova O. Yu. Family, family ties, family values: problems of understanding in modern conditions // Legal policy and legal life. – 2022. – No. 4. – P. 142-150.
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THEORY OF STATE AND LAW
ABYZOVA Elena Raviljevna
Ph.D. in Law, associate professor, Judge of the Arbitration Court of Moscow
MODERN “INFORMATION REVOLUTION” AND ITS IMPORTANCE FOR THE FORMATION OF THE RULE OF LAW IN THE INFORMATION SOCIETY
The definition of a group of modern conditions and factors of development of the state and the rights associated with the introduction of computer technology, information systems and information and communication technology, called “information revolution”, indicating a radical transformation of social relations as a result of fundamental changes in the field of research, processing, transmission and storage of information. The consequence of such transformationation is the acquisition of a new society, a certain quality. These circumstances have a direct impact on the transformation of the rule of law. This issue is dedicated to this article.
Keywords: rule of law, the information revolution, right, state, “electronic government”, electronic computing machinery, information systems, information and communication technologies.
Bibliographic list of articles
1. Abdeev R. F. Philosophy of information civilization. – M., 1994.
2. Bell D. The Coming Post-Industrial Society. Experience in social forecasting. – M., 2004.
3. Greif A. Institutions and the path to modern economics: lessons from medieval trade. – M.: HSE Publishing House, 2018.
4. Egorova M. A. Network state and digital society: new cultural conditions for the development of legal relations // Law in the cultural dimension. New vectors of development, under general. ed. V. N. Sinyukova and M. A. Egorova. – Moscow, Prospekt, 2023.
5. Kornev V. A., Tanimov O. V. Information law in the context of digital transformation of Russian law. – Moscow: Prospekt, 2022.
6. Ovchinsky V. S. Criminology of the digital world: a textbook for master’s degrees. – M.: Norma: INFRA-M, 2018.
7. Panov V. Yu. Simulator of madness. How will the Fourth Industrial Revolution transform Homo Sapiens into Homo Servus? – Moscow: Eksmo, 2023.
8. Petrov S. T. Digital revolution. Digital economy. Digital noosphere. – M.: Pero Publishing House, 2022.
9. Legal regulation of digital technologies in Russia and abroad. The role and place of legal regulation and self-regulation in the development of digital technologies / ed. Doctor of Law, Associate Professor A.V. Minbaleev. – Saratov: Amirit, 2019.
10. Schwab Klaus. The Fourth Industrial Revolution: translation from English. / Klaus Schwab. – Moscow: Eksmo, 2022.
11. Beer S. Brain of firm: Second edition. – New York: “John Wiley & sons”, 1982. – R. 13.
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THEORY OF STATE AND LAW
VERSHININA Margarita Konstantinovna
student of the 5th course of the Faculty of Training Specialists for the Judicial system of the Faculty of Law of the East Siberian branch of the Russian State University of Justice, Irkutsk
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
LEGAL CONFORMITY: NEGATIVE AND POSITIVE ASPECTS
The article examines the problems, as well as the positive aspects of the manifestation of legal conformity in modern society. It is legal conformism that is the most common form of deformation of legal consciousness due to its peculiarities of formation and influence on the behavior of individuals. Within the framework of legal conformity, there is no balance between a person’s inner beliefs and his actions. The author traces in detail the negative manifestations in the actions of the bearers of legal conformity, since this form of deformation of legal consciousness directly depends on the values and beliefs of a particular social group that an individual wants to adhere to.
Why is legal conformity given special attention among other forms of deformation of legal consciousness in the framework of modern society?
Legal conformity, in addition to significant negative consequences, can lead to some positive aspects that contribute in some way to have a beneficial effect on society, however, this phenomenon is difficult to call correct, corresponding to the letter of the law.
Keywords: legal awareness, law, state, deformation of legal awareness, legal conformism, digitalization of society, youth, social group, crime, social values, society, legal culture, domestic legislation.
Bibliographic list of articles
1. Borisova E. K. The concept of legal consciousness // Problems of science. – Tomsk, 2019. – pp. 93-94.
2. Koltunova V.I. Zaitsev V.A. Legal consciousness and its deformations // Law and state: theory and practice. Saint Petersburg. – 2023. – No. 9 (225). – pp. 31-33.
3. Yagudina A. Yu. Classification of types of legal conformism // Bulletin of the Saratov State Law Academy. – Saratov,2019. – No. 3 (128). – pp. 74-79.
THEORY OF STATE AND LAW
KOVALENKO Natalya Evgenjevna
postgraduate student of the Institute of Law of the Altai State University, Barnaul
MODERN LEGAL CONSCIOUSNESS OF THE INDIVIDUAL: AN EMPIRICAL STUDY
This article is devoted to the analysis of an individual’s legal behavior through a survey aimed at identifying individuals’ views on the readiness of legal activity and assessing their attitude to legal matters. During the period of active digitalization of public life, the introduction of the results of information technology, the individual’s personality as a subject of law in the information society is moving further and further away. It is necessary to understand the state of the individual in legal reality and, based on the results obtained, begin a legal update of the legislative body to improve the mechanism of legal regulation in its genesis.
Keywords: law, legal relationship, legal consciousness, legal culture, digitalization, artificial intelligence, subject, personality.
Bibliographic list of articles
1. Petrazhitsky L. I. Law, state and theory of morality // Russian philosophy of law: an anthology. – St. Petersburg, 1999. – P. 320-335.
2. Alekseev N. N. Fundamentals of the philosophy of law. – St. Petersburg: Law Institute, 1998. – 216 pp.
3. Arkhipov S.V. Phenomenological motives of N.N. Alekseeva’s concept of law // News of the Russian State Pedagogical University named after. A. I. Herzen. – 2013. – No. 160. – P. 122-128.
4. Baykhmanov M. T. Law and moral education of the individual in Soviet society // Sov. State and law. – 1976. – No. 10. – P. 125-133.
5. Matuzov N. I. Legal system and personality. – Saratov: Publishing house Sarat. University, 1987. – 294 p.
6. Putin: it is impossible to prevent the development of AI. [Electronic resource]. – Access mode: https://www.vedomosti.ru/technology/news/2023/12/14/1011100-putin-predotvratit-razvitie (date of access: 02/10/2024).
THEORY OF STATE AND LAW
KULIEVA Aziza Mustafaevna
postgraduate student of the O. M. Kutafin Moscow State Law University (MSLA)
TECHNICAL NORMS: ESSENCE AND PLACE IN LEGAL REGULATION IN THE CONTEXT OF DIGITALIZATION
The article is devoted to studying the essence of technical norms, determining their place in the system of regulators of social relations, studying the issues of their relationship with other types of norms and considering the issue of the progressive role of technical norms in the modern mechanism of legal regulation in the context of digitalization. The transformation processes taking place in society in connection with its rapid immersion in the digital plane bring with it the technologization of social relations and an increase in the importance of norms aimed at regulating the relationship between man and technology.
Keywords: technical norms, mechanism of legal regulation, correlation of norms, technology, equipment, digitalization, legal relations.
Bibliographic list of articles
1. Vengerov A. B. Theory of state and law: a textbook for law schools. 3rd ed. – M: Jurisprudence, 2000. – 528 p.
2. Korkunov N. M. Lectures on the general theory of law. – St. Petersburg, 1886. – 353 pp.
3. Shershenevich G. F. Definition of the concept of law. – Kazan, 1896. – 84 p.
4. Golovkin R. B., Zotova Zh. A. Law in the system of regulating behavior: the relationship between social and technical norms // Bulletin of the Vladimir Law Institute. – 2010. – No. 4. – P. 82-89.
5. Abdulaev M.I. Theory of State and Law: Textbook for Higher Educational Institutions. – M.: Financial control, 2004. – 410 p.
6. Matuzov N. I., Malko A. V. Theory of state and law: Course of lectures. – 2nd ed., revised. and additional – M.: Yurist, 2001. – 776 p.
7. Marchenko M. N. Theory of state and law: Textbook. – 2nd ed. processed, and additional – M.: TK Welby, Prospekt Publishing House, 2004. – 640 p.
8. Theory of State and Law: Course of Lectures / Ed. N. I. Matuzova, A. V. Malko. 2nd ed., revised. and additional – M.: Yurist, 2001. – 245 p.
9. Lazarev V.V., Lipen S.V. Theory of State and Law: a textbook for universities. — 5th ed., rev. and additional – Moscow: Yurayt Publishing House, 2024. – 521 p.
10. [Electronic resource]. – Access mode: https://rg.ru/2024/01/30/mysliu-edinoj.html (access date: 02/28/2024).
11. Kokhanovsky V. A., Sergeeva M. Kh. Classification in technology and its assessment // Advanced Engineering Research (Rostov-on-Don). – 2012. – No. 2-1 (63). – pp. 43-46. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/klassifikatsiya-v-tehnike-i-eyo-otsenka (date of access: 03.14.2024).
12. Pchelkin A.V. Technical and legal norms inmodern Russia (problems of theory and practice): dis. …cand. legal Sci. – N. Novgorod, 2004. – 194 p.
13. Khabrieva T. Ya. Law before the challenges of digital reality // Journal of Russian Law. –2018. – No. 9 (261). – pp. 5-15.
THEORY OF STATE AND LAW
MAKULOVA Adelina Olegovna
postgraduate student of the Moscow Financial and Industrial University “Synergy”
LEGAL RESPONSIBILITY IN THE CONTEXT OF THE FORMATION OF A DIGITAL SOCIETY
The article discusses the concept and features of a digital society. The author identified has the features of the responsibility of the virtual world. Various opinions of scientists, both domestic and foreign, on the problem under consideration have been studied. Logical and formal legal research methods were used to prepare the work. It is concluded that today the mechanism of legal responsibility in the digital society is poorly developed and that its main problem is the identification of the guilty person.
Keywords: digital society, Information society, cyberspace, digitalization, features of the virtual world, state control, legal responsibility, problems
Bibliographic list of articles
1. Abramov D. O. Legal responsibility in cyberspace: new approaches to understanding // Legal science. 2023. No. 4. P. 5-9.
2. Beketskaya Yu. M., Osipyan M. M., Terekhova Yu. A., Koshokova S. Ya. Digital society as a new stage of the information society // Humanitarian, socio-economic and social sciences. 2023. No. 1. P. 18-21.
3. Vorobyov N. F. Concept and legal essence of state control // Rule of law: theory and practice. 2018. No. 4 (54). pp. 29-35.
4. Dolgikh F.I. Theory of state and law: textbook. Moscow: Synergy University, 2023. 464 pp.
5. Ishekov K. A. On the digitalization of key institutions of the Russian state and society // XVII International Scientific Congress “The Role of Business in the Transformation of Society – 2022”. 2022. pp. 481-483.
6. Krieger E. E. Characteristics of the digital society and principles of education in it // Bulletin of the Russian State University for the Humanities. Series “Psychology. Pedagogy. Education”. 2018. No. 4 (14). pp. 29-39.
7. Nikolaeva E. A. Ardamin I. A. The problem of classification of legal liability // Bulletin of KhSU named after. N. F. Katanova. 2023. No. 1 (43). pp. 117-121.
8. Pugachev V.P. State control and personal freedom in a digital society // Bulletin of Moscow University. Series 21. Management (state and society). 2022. No. 2. P. 36-55.
9. Rymkevich Ya. A. Legal responsibility in the digital space // Education and Law. 2023. No. 7. P. 436-440.
10. Indra Spiecker gen. Döhmann Zur Zukunft systemischer Digitalisierung – Erste Gedanken zur Haftungs- und Verantwortungszuschreibung bei informationstechnischen Systemen // Comput. und Recht. 2016. Vol. 32. No. 10. P. 698-704.
THEORY OF STATE AND LAW
TOLDIEV Khas-Magomed Bashirovich
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), lawyer at the law firm “Lemchik, Krupsky and Partners” LLC
THE ROLE OF JUDICIAL PRACTICE IN THE MECHANISM OF IMPROVING LEGISLATION IN THE FIELD OF INSOLVENCY (BANKRUPTCY)
The article studies the role of judicial practice in improving the institution of insolvency (bankruptcy), notes actual theoretical and practical problems of regulation of lawmaking in this direction. The author notes the peculiarities of the institute of insolvency (bankruptcy), describes historical periods of development of the institute of bankruptcy in Russia, provides analytical materials of law-making activity. The author also emphasizes the role of higher courts in improving certain legal procedures. Based on the results of the study, the author concludes that it is necessary to develop other theoretical approaches to determining the role of judicial practice, as well as to take into account the results of judicial practice as a separate analytical activity within the entire legislative process in order to improve the institution of insolvency (bankruptcy).
Keywords: judicial practice, insolvency (bankruptcy), draft law, legal norm, normative act, influence of judicial practice.
Bibliographic list of articles
1. Alekseev S.S. Collected Works. In 10 volumes. M.: Statute, 2010. T. 3: Problems of theory and law: T. 3: course of lectures, 2010. – 779 p.
2. Korkunov N. M. Lectures on general theory. – M.: Yurayt Publishing House, 2010. – 352 p.
3. Scientific and practical commentary (article by article) to the Federal Law “On Insolvency (Bankruptcy) / Under the general editorship of V. V. Vitryansky. – M.: Statute, 2000. – 416 pp.
4. Basic provisions of citizensDanish law: article-by-article commentary to articles 1-16.1 of the Civil Code of the Russian Federation / Executive editor A. G. Karapetov. – M.: Statute, 2020. – 1102 p.
5. Pakhman S.V. On the modern movement in the science of law. – St. Petersburg: type. Governing Senate, 1882. – 68 p.
6. Pigolkin A. S. Lawmaking in the Russian Federation: (Scientific, practical and educational manual); Institute of Legislation and Comparative Law under the Government of the Russian Federation; edited by A. S. Pigolkina. – M.: Formula of Law, 2000. – 604 p.
7. Legal regulation of bankruptcy: textbook / Editor-in-chief E. E. Enkova. – M.: Prospekt, 2021. – 720 pp.
8. Sinyukov V. N. Russian legal system: an introduction to the general theory. – 2nd ed., add. – M.: Norma, 2010. – 670 p.
9. Stepanov S. A. Judicial rule-making, its forms and place in the mechanism of legal regulation // Russian law: education, practice, science. – 2018. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sudebnoe-normotvorchestvo-ego-formy-i-mesto-v-mehanizme-pravovogo-regulirovaniya
10. Shershenevich G.F. Competition law / [op.] – 2nd ed. – Kazan: Prospekt, 1898. – 498 p.
11. Weekly of Soviet Justice. – 1924. – No. 29. – P. 686.
THEORY OF STATE AND LAW
CHAYKA Yuliya Valerjevna
postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the N. I. Lobachevsky Nizhny Novgorod National Research State University
ON THE PROBLEM OF DETERMINING THE LEGAL STATUS OF ANIMALS IN RUSSIAN LAW
The article raises the problem of determining the legal status of animals, the question of whether or not various living beings have special rights. The available different approaches to finding an answer to the question of whether it is reasonable to give an animal a legal status, what it can be, and what legal and social problems arise due to the lack of legislative consolidation of the status of an animal. Currently, there are two main approaches to solving this issue. The traditional attitude towards animals as objects of law prevails, with an appropriate place in civil, administrative, and criminal law relations. However, more and more often there are well-founded proposals to recognize certain rights for animals, by analogy with young children, i.e. to make them quasi-subjects of law. The article provides examples from the foreign experience of a number of countries where the issue of the status of animals has been successfully resolved.
Keywords: legal status of animals, legal protection of animals, animals – object of law, animals – subject of law, ecosystem.
Bibliographic list of articles
1. Gorokhov D. B. Problems of quality and effectiveness of application of the Law on the Responsible Treatment of Animals // Journal of Russian Law. – 2020. – No. 4. – P. 153-171.
2. Doynikov P.I. Principles of faunal law in the Russian Federation // Black holes in Russian legislation. – 2021. – No. 4. – P. 61-63.
3. Doynikov P.I. On the qualitative improvement of legislation on the protection of the animal world // Lexrussica. – 2021. – No. 8. – P. 118–125. DOI: 10.17803/1729-5920.2021.177.8.
4. Eliseev V.S. On the problem of expanding the subject of faunal law // Agrarian and land law. – 2019. – No. 11. – P. 128-132.
5. Shabalina M. A. Problems of legal regulation of the treatment of stray animals in Russia // Law. Journal of the Higher School of Economics. – 2022. – T. 15. No. 5. – P. 198-227. DOI: 10.17323/2072-8166.2022.5.198.227.
HISTORY OF STATE AND LAW
BUTOV Sergey Valerjevich
adjunct of the adjunct (full-time and distance learning) Faculty of the 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
ON THE ROLE OF SPECIAL DEPARTMENTS OF THE NKVD OF THE USSR IN ENSURING THE LEGAL STATUS OF MILITARY PERSONNEL DURING THE GREAT PATRIOTIC WAR
The article examines the activities of the Special departments of the NKVD of the USSR during the Great Patriotic War. The author of the article notes that the Special departments of the NKVD, being a supervisory law enforcement agency independent of the command, possessing a large amount of powers, ensured the implementation of the legal status of military personnel and the delivery of timely operational information to the highest bodies of military command. Their activities in combat unreliable elements and monitoring compliance with the rule of law in the troops were necessary and effective, deserving the attention of security agencies of law enforcement agencies inmodern military-political conditions.
Keywords: legal position, military personnel, NKVD troops Special departments, censorship, supervision, security, legality, Great Patriotic War.
Bibliographic list of articles
1. Butov S.V., Lysenkov S.G. On the relationship between the concepts of “legal status” and “legal status” as independent legal categories // Legal order: history, theory, practice. – 2022. – No. 4 (35). – pp. 6-11.
2. Lysenkov S. G., Butov S. V. Domestic lawyers on the content of the concepts of “legal status” and “legal status” // Bulletin of the St. Petersburg Military Institute of National Guard Troops. – 2022. – No. 3 (20). – pp. 8-12.
3. 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.
4. Butov S.V., Sibgatullin F.S. On the use of the experience of the USSR NKVD troops performing service and combat tasks during the Great Patriotic War in the activities of the National Guard troops of the Russian Federation // Legal order: history, theory, practice. – 2023. – No. 3 (38). – pp. 20-24.
5. State security bodies of the USSR in the Great Patriotic War: Sat. doc. T. 2. Book. 1. Beginning. June 22-August 31, 1941 / Federal. Russian Counterintelligence Service, Federal Academy. Russian counterintelligence services; Hand. auto-composition groups V.P. Yampolsky. – M.: Rus, 2000. – 718 p.
6. State security bodies of the USSR in the Great Patriotic War: Sat. doc. T. 3. Book. 1. The crash of the Blitzkrieg. January 1-June 30, 1942 / Federal. Russian Counterintelligence Service, Federal Academy. Russian counterintelligence services; Hand. auto-composition groups V.P. Yampolsky. – M.: Rus, 2003. – 704 p.
7. State security bodies of the USSR in the Great Patriotic War: Sat. doc. T. 2. Book. 2. Beginning. September 1-December 31, 1941 / Federal. Russian Counterintelligence Service, Federal Academy. Russian counterintelligence services; Hand. auto-composition groups V. P. Yampolsky. – M.: Rus, 2000. – 670 p.
HISTORY OF STATE AND LAW
VOSITOV Khamzaali Abduvokhitovich
Ph.D. in Law, associate professor of the Higher school of theory and history of state and law, of the Pacific State University, Khabarovsk
PERCEPTIONS OF HUMAN RIGHTS IN THE PERSIAN-TAJIK LEGAL CULTURE
The article, from the perspective of the history of political and legal doctrines, shows the philosophical and worldview views of Persian-Tajik thinkers, politicians and poets, such as Rudaki, al-Farabi, Ferdowsi, Abuali ibn Sina, Nizam al -Mulk, Shirazi. The study argues that the works of Persian-Tajik thinkers proclaimed the moral values of man in line with Eastern legal culture, which determined the social and political-legal characteristics of human existence. These views cannot be interpreted as views on human rights in the literal sense, but they contained ideas about philanthropy, respect between people for each other, equality and justice.
Keywords: Persian-Tajik thinkers, philosophers, poets, human rights, humanism, justice, equality.
Bibliographic list of articles
1. Al-Farabi Abu Nasr Muhammad. Treatise on the views of the inhabitants of a virtuous city / Trans. from Arabic I. O. Muhammed and A. V. Sagadeev // Philosophical treatises. – Alma-Ata, 1972. – 430 pp.
2. Braginsky I.S. From the history of Tajik folk poetry. Elements of folk poetry in monuments of ancient and medieval writing. – M.: Publishing House of the USSR Academy of Sciences, 1956. – 496 p.
3. Gafurov B. G. Tajiks. Ancient, ancient and medieval history. Book II. – Dushanbe: Irfon, 1989. – 480 pp.
4. Dinorshoev A. M. Human rights. – Dushanbe, 2010. – 336 pp.
5. Dinorshoev A. M. Human rights in the history of social thought. – Dushanbe, 2013. – 190 p.
6. Ibn Sina. Selected philosophical works: (translation from Arabic and Farsi-Dari) / Ibn Sina (Avicenna); resp. ed. M. S. Asimov and others – Moscow: Nauka, 1980. – 551 p.
7. 1000 lines of Rudaki (for the 1125th anniversary of Rudaki) (in Tajik and Russian languages). – Dushanbe: Irfon, 1984. – 192 p.
8. Sativaldyev R. Sh. Contribution of Persian-Tajik thinkers to the development of the eastern school of international law // Legal life of Dushanbe. – 2016. – No. 3 (15). – pp. 6-18.
9. Sativaldyev R. Sh. History of political and legal scientists (in Tajik language). – Dushanbe: ER-graf, 2011. – 460 pp.
10. Siaset-name. Book about the reign of the 11th century vizier Nizam al-Mulk / Transl., introduced. and approx. B. N. Zakhodera. – Moscow-Leningrad: Publishing House of the USSR Academy of Sciences, 1949. – 379 pp.
11. Words-diamonds of Abulkasim Ferdowsi / Transl. from Farsi Ts. Banu-Lahuti. – Tashkent: Publishing house. thin literature named after G. Gulyama, 1971. – 64 p.
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
RETROSPECTIVE ANALYSIS OF THE FORMATION OF THE INSTITUTION OF CRIMINAL LAW MEASURES IN THE HISTORY OF DOMESTIC LEGISLATION
The article considers the history of the emergence and development of the institution of measures of a criminal law nature as a kind of alternative to classical criminal punishment. The authors carried out a diachronous comparative legal analysis of the origin and evolution of such measures in Russian criminal law, from its early stages up to the modern state. The article considers the process of transformation and gradual institutionalization of criminal law measures as an independent form of criminal law responsibility.
Keywords: criminal liability, legal coercion, state-legal response, criminal-legal measures, mechanism of criminal-legal regulation, evolution of legal content.
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. Antokhina A. B. Evolution of criminal law measures in Russian legislation of the 11th–18th centuries // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. –2014. – No. 4 (26). – P. 60-62.
3. Egorov A. M. Historical aspects of criminal law measures in domestic legislation // Probation: problems and development prospects. Collection of materials of the International Scientific and Practical Conference. – Pskov, 2023. – pp. 13-17.
4. 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.
5. 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
KLIMOV Andrey Yurjevich
Ph.D. in historical sciences, associate professor, chief researcher of the Research Center of the Academy of Management of the MIA of Russia
SALNIKOV Alexander Sergeevich
Ph.D. in Law, leading researcher of the Research Center of the Academy of Management of the MIA of Russia
ORGANIZATION AND ACTIVITY OF THE REGULAR MOSCOW POLICE IN THE SECOND QUARTER OF THE XVIII CENTURY
Based on an analysis of a wide range of historical and legal sources and research literature, the article examines the development of regular police in Moscow in the second quarter of the 18th century. The circumstances, as well as the organizational and legal basis for strengthening the importance of the Moscow police under Peter II in view of the actual transfer of capital functions from St. Petersburg to Moscow and the transformation of the Moscow Police Chief’s Office into the Main Police Chief’s Office are studied. The circumstances of the development of the Moscow police under Empresses Anna Ioannovna and Elizaveta Petrovna are studied, and the activities of the leaders of the Moscow police in the second quarter of the 18th century are considered. The article examines the Moscow police system in the historical period under review, its staffing structure, competence, and main areas of activity. The relevance of this topic 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. Russian State Archive of Ancient Acts (RGADA) – F. 931. Moscow Police Chief Office. Moscow city. Op. 3.
2. Russian State Historical Archive (RGIA) – F. 1329. Personalized decrees and “highest” orders to the Senate (collection).
3. Complete collection of laws of the Russian Empire (PSZRI) – Collection 1.
4. Yusupov. A. Materials for the history of the city police in Russia from ancient times to the reign of Empress Catherine II, collected by Prince Arkady Yusupov. – 1852.
5. History of Moscow / Ed. S. S. Khromova and others – Moscow, 1980.
6. Snegirev I. M. Moscow. Detailed historical and archaeological description of the city. In 2 volumes. T. I. – Moscow, 1875.
7. 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. 7.
HISTORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
POLITICAL AND LEGAL VIEWS OF N. G. CHERNYSHEVSKY
The article describes the significance of the activities of N. G. Chernyshevsky, as one of the most significant democratic revolutionaries; the relationship between his political views and literary creativity is explored; his contribution to the history and changes in the country’s political system is analyzed; parallel connections are made between views of N. G. Chernyshevsky with such directions of legal ideology as “populists” and “nihilists”; his political views and ideas are briefly discussed.
Keywords: political views, Nikolai Gavrilovich Chernyshevsky, nihilism, ideology, private law, property, government, political system, XIX-XX centuries, literature, novel, rebellion, anti-power sentiments, creativity , civic position.
Bibliographic list of articles
1. Bibikov G. N. The nature of the social movement of the 20th century – the beginning of the 20th century. in the history of Russia // Issue “Difficult stories of Russia”. – [Electronic resource]. – Access mode: https://history.jes.su/s207987840004620-1-1.
2. Voskresenskaya N. S. Peasantry of the central industrial region (XVIII – XIX centuries). – Kalinin: KSU, 1983. – 120 p.
3. Zhukotsky V.D., Furman F.P. Populism of the Russian intelligentsia and culture // Philosophy and Society. – 2004. – No. 3. – P. 156-175.
4. Zelenin Yu. A. Basic components of the ideology of classical populism in Russia // News of the Altai State University. – 2007. – No. 1. – P. 234-239.
5. Sources and literature on the history of serfs in the Pskov province in the 19th century. and at the beginning of the 20th century. – Pskov: Pskovskaya Pravda, 1957. – 278 p.
6. Pisarev D.I. Scholasticism of the 19th century. – M.: Direct-Media, 2015. – 230 p.
7. Chernyshevsky N. G. Selected philosophical works in 3 volumes. – M., 2019. – 872 pp.
8. Chernyshevsky N. G. Works in two volumes. – M.: Mysl, 1986-1987.
9. Chernyshevsky N. G. Patient Russia. Notes on the virtues and vices of the Russian nation. – M.: Rodina, 2022. – 240 p.
10. Chernyshevsky N. G. What to do? – M.: Children’s literature, 2023. – 493 pp.
11. Chernyshesky N. G. Stories within a story: Chernyshevsky about himself as a fiction writer // in Literature and Marxism. – 1928. – No. 3. – P. 681-685.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE LAW OF MODERN RUSSIA FROM THE POSITION OF AXIOLOGY
The study examines the problem of theoretical and conceptual positions, principles and methods of civil law and their axiology; questions of the principles of civil law in combination with changes in modern social economy and legal nature are analyzed; the axiological significance of the principles of civil law in modern conditions is determined; and practical aspects of the axiology of the principles of modern law are established theoretically and disclosed; it was concluded that the axiological significance of the principles of law is constant and stable and does not depend on historical or socio-economic conditions; it has been proven that the axiological significance of the principles of law is constant and stable and does not depend on historical or socio-economic conditions; it has been confirmed that legal axiology as a research type of legal philosophy is capable of elevating value transformations in the system of legal reality to the level of self-reflection of law as a form of social consciousness.
Keywords: civil law, modern legal nihilism, archaism, axiology of law, civil law, spiritual and moral values, principles of civil law, legal axiology, abuse of law, dishonest behavior, integrity, stability of the civil legal situation.
Bibliographic list of articles
1. Antonov M.V. Interpretation and application of law as a creative process // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2016. – No. 4. – P. 74-86.
2. Bogdanov E. V., Bogdanova E. E., Bogdanova D. E. The principle of solidarity in civil law of Russia // Journal of Russian Law. – 2016. – No. 11. – P. 37-45.
3. Veremeenko I. I. The concept of the subject of Soviet administrative law and the need for its correction // Penitentiary science. – 2008. – No. 2. – P. 67-74.
4. Voitenko O. V. State, public education, statehood: theoretical and methodological analysis of their relationship: dis. …for a job application. scientist step. Ph.D. legal Sci. – M., 2006. – 177 p.
5. Ismagilov R. R. Legal nihilism: ideological foundations and ways to overcome: dis. …cand. Philosopher Sci. – Ufa, 2006. – 174 p.
6. Lobanovskaya E. A. Statehood and the state in the legal doctrine of I. A. Ilyin: dis. …for a job application. scientist step. Ph.D. legal Sci. – St. Petersburg, 2006. – 147 p.
7. Malakhov V.P. Philosophy of Law. Ideas and assumptions. – M., 2008. – 392 p.
8. Musatov F.V. The state as a subject of law: Author’s abstract. dis. …for a job application. scientist step. Ph.D. legal Sci. – Ekaterinburg, 2016. – 36 p.
9. Nam K.V. The principle of integrity as a legal principle // Bulletin of economic justice of the Russian Federation. – 2020. – No. 2. – P. 88-103.
10. Prokopovich G. A. Theoretical model of legal responsibility in public and private law: dis. …for a job application. scientist step. dr. legal Sci. – St. Petersburg. 2010. – 898 pp.
11. Sazonova T. B. Law and legal consciousness in the teaching of I. A. Ilyin: dis. …for a job application. scientist step. Ph.D. legal Sci. – Blagoveshchensk, 1998. – 143 pp.
12. Semyakin M. N. Principles of property law in the context of reforming Russian civil legislation // Russian Legal Journal. – 2021. – No. 4. – P. 118-130.
13. Fuller L. L. Morality of law. – M., 2016. – 418 pp.
14. Chestnov I. L. Anthropological program of law enforcement // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2016. – No. 4. – P. 48-54.
HISTORY OF STATE AND LAW
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
KARPUKOVA Albina Anatoljevna
senior lecturer of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
CONDITIONS OF MARRIAGE UNDER THE LEGISLATION OF CERTAIN SCANDINAVIAN COUNTRIES IN THE XIX CENTURY
The article examines the main normative legal acts regulating marital and family relations in the XIX century in some Scandinavian countries, using the example of Finland and Sweden. The authors analyze the general code of marriage, the conditions of marriage in the time period under study. Special attention is paid to the distribution of rights and obligations among persons entitled to give permission for the conclusion of a marriage union. In conclusion, the author’s position on the research topic is presented.
Keywords: marriage, family, children, parents, close relatives, rights and obligations, marriage code.
Bibliographic list of articles
1. Knipovich F. M. About marriage and personal and property relations of spouses under Finnish law. VIII-XII // Journal of the Ministry of Justice. – St. Petersburg, 1912. – No. 8. – P. 48.
2. Essay by Professor R. A. Wrede of the University of Helsinki, 1903
3. Criminal laws of the Grand Duchy of Finland // Russian Law // ALLPRAVO.RU. [Electronic resource]. – Access mode: https://web.archive.org/web/20140407093017/ @@ http://www.allpravo.ru/library/doc101p/instrum105/item802.html (date of access: 01/09/2024).
4. The evolution of marriage relations with the adoption of Christianity, the Princely family in the early medieval states of Central Europe in theiod IX-XII centuries [Electronic resource]. – Access mode: https://studentopedia.ru/istoriya/evolyuciya-brachnih-otnoshenij-s-prinyatiem-hristianstva—knyazheskaya-semya-v-rannesrednevekovih.html?ysclid=lsf11avl6h595205058 (date of access: 01/09/2024).
HISTORY OF STATE AND LAW
KRASILNIKOV Sergey Vladimirovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Service under President of the Russian Federation, St. Petersburg
SOURCES AND CONTRADICTIONS IN THE STUDY OF THE POLICE REFORM OF CATHERINE II
The article examines sources that describe the police reform carried out by Catherine II in Russia; the contribution of Peter I to the formation of the executive body of power (the origin of the police apparatus) is indicated; conflicting facts related to the reform are considered; the specific circumstances that preceded and contributed to the development of the functions of the regular police in the capital and the country are analyzed; a description is given of the directions of activity of state authorities in forming the legal foundations of police life, improving its legal regulation; conclusions are drawn about the results of the police reform carried out by Catherine II; the steps taken by public authorities to ensure the legal support of the regular police and its improvement are analyzed, which makes it possible to assess the content of legislative activity and its impact on the development of domestic legislation and law enforcement practice of the police.
Keywords: police, reform, sources, Moscow, Russian Empire, legal framework, contradictions, maintaining public order, Catherine II, modernization, Western model of a police system, analogue.
Bibliographic list of articles
1. Anuchin E. N. Historical review of the development of administrative and police institutions in Russia from the Institution on the Provinces of 1775 until recently. – St. Petersburg, 1872. – 198 pp.
2. Belyaeva L. I., Klimov A. Yu. Legal support for the activities of the Moscow police during the times of Catherine II and Paul I // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (67). – pp. 182-189.
3. Belyaeva L. I., Klimov A. Yu. Creation of the regular police in Moscow and the formation of the legal basis for its activities in the first half of the 18th century. // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 2 (66). – pp. 156-165.
4. Borisov A.V., Potemkin I.A. Ministry of Police and its leaders. – M., 2020. – 368 pp.
5. Varadinov N.V. History of the Ministry of Internal Affairs: [in 7 volumes]. – Part III, book. 2. – St. Petersburg, 1862. – 202 pp.
6. Eroshkin N.P. Russian autocracy: to the 75th anniversary of the Historical Arch. in-ta. – M., 2006. – 348 pp.
7. Moryakov V.I. Russian enlightenment of the second half of the 18th century: (from the history of socio-political thought in Russia). – M.: Publishing house Mosk. University, 1994. – 380 pp.
8. Mulukaev R. S. Police in Russia (IX century – early XX century). – N. Novgorod, 1993. – 102 p.
9. Oblitsov I. A. The structure of the Russian police authorities according to the “Charter of Deanery, or Police” // Bulletin of the Institute: crime, punishment, correction. – 2011. – No. 4 (16). – pp. 113-124.
10. Pinigin M. G. Russian police states in the 18th century // Agro-food policy of Russia. – 2016. – No. 4 (52). – pp. 18-31.
11. Police and militia of Russia: pages of history. – M., 1995. – 318 p.
12. Serov D. Security of Russian people at the beginning of the 18th century // Otechestvennye zapiski. – 2013. – No. 2. – P. 113-121.
13. Sizikov M.I. History of the Russian police (1718-1917): Formation and development of the general regular police in Russia in the 18th century. – M., 1992. – 66 p.
14. Tumin A. Yu. Moscow general police in the XVIII – XIX centuries. (Historical and legal research): dis. …cand. legal Sci. – M., 2021. – 310 pp.
15. Charter of deanery or policeman of April 8, 1782 // Complete collection of laws of the Russian Empire (PSZRI). First meeting. 1649-1825 / Ed. M. M. Speransky (in 45 volumes). – St. Petersburg: Type II Department of His Imperial Majesty’s Own Chancellery, 1830. – T. 21. – Art. 15. – 379 p.
16. Fedneva N. L. On the history of the development of the “Charter of Deanery, or Police” // International Journal of Constitutional and State Law. – 2017. – No. 2. – P. 49-61.
HISTORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE INFLUENCE OF EUROPEAN FREEMASONRY ON RUSSIAN FREEMASONRY, POLITICAL AND LEGAL ASPECT
The author of the article examines the role of Freemasonry using the example of the Russian Revolution. The methodological basis of the study is scientific and analytical material devoted to the study of revolutionary events, as well as the activities of Russian Freemasonry in a historical review.
The Great Russian Revolution is one of the most important milestones in the history of the Motherland of the twentieth century. The causes of the events of 1905-1917 are studied by the authors to this day, and the participation of various interest groups in the preparation and course of the revolution remains a controversial issue. In particular, it remains open to the participation of Freemasonry in revolutionary events as an important political force that had a serious impact on the destinies of many countries.
This article, based on chronological principles, presents the stages of the formation and existence of Freemasonry in Russia before the 1917 revolution. Based on an analysis of the history of Freemasonry, its formation and development in Russia and the world, the author comes to the conclusion that Freemasonry could have played a decisive role in the February Revolution. Although Freemasonry rejects any political affiliation in its activities, it is clear that some direct participants in the revolutionary events are considered Freemasons themselves, but the details of their participation have always been disputed.
Keywords: Freemasons, lodges, Western Freemasonry, political force, state, law, law, Russian Revolution, February Revolution, domestic Freemasonry and “legalization in power.”
Bibliographic list of articles
1. Laktionova N. Ya. February 1917: its origins and consequences // Social and humanitarian knowledge. 2017. No. 4. pp. 161-169.
2. Kudryashov V.V. Mensheviks of Irkutsk on the prospects of the revolution of 1917 (based on periodicals) // Irkutsk Historical and Economic Yearbook. Irkutsk: Baikal. state univ. 2018. pp. 285-293.
3. Popov G. G., Davydov S. G. “Failures” in the distribution of products and revolutionary upheavals of 1917-1918 in Europe // Historical and economic studies. 2016. T. 17. No. 1. P. 7-48.
4. History of Freemasonry in Russia. [Electronic resource]. – Access mode: https://russianmasonry.ru/history/istorija-masonstva-v-rossii.
5. Novotortseva A. M. The latest foreign historiography of the 60-90s. On the problem of the revival of political Freemasonry in Russia at the beginning of the 20th century. (about the causes, stages, initiators) // Revolutions in Russia: theory and practice of social transformations: collection. Art. based on the results of the International scientific conf. (Moscow, November 7-10, 2017). M.: Publishing house of Moscow State Pedagogical University. 2018. pp. 329-344.
6. Zakharov V. Yu. The main stages of the development of Freemasonry in Russia, its relationship with constitutionalism // Knowledge. Understanding. Skill: electronic journal. 2008. No. 6. P. 6-9.
7. Ermakov V. A., Androsov A. A. Historical stages of the formation of the “Masonic conspiracy” in Russia in the second half of the 18th – early 20th centuries. // Interactive science. 2017. No. 3 (13). pp. 22-34.
8. Platonov O.A. Criminal history of Freemasonry. 1731-2004 (Conspiracy against Russia). 3rd ed. M.: Algorithm. 2005. 488 p.
9. Sverdlov M.B. N.I. Novikov as a historian of ancient and modern Russia // St. Petersburg Historical Journal. 2018. No. 4 (20). pp. 201-226.
10. The Decembrist uprising – a Masonic conspiracy? About the connection between free masons and secret political societies. [Electronic resource]. – Access mode: https://arzamas.academy/materials/870.
11. Vernadsky G.V. Russian Freemasonry during the reign of Catherine II. 2nd ed., rev. and extension SPb.: Publishing house named after. N.I. Novikova. 1999. 576 p.
12. Shubin A.V. The Great Russian Revolution: from February to October 1917. M.: Motherland. 2014. 451 p.
14. Laktionova N.Ya. February prologue of the Russian revolution (to the 100th anniversary of the February Revolution) // Culture. The science. Integration. 2017. No. 1 (37). pp. 77-83.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
VIEWS AND CONCEPTUAL DIFFERENCES OF WESTERNERS AND SLAVOPHILES IN LAW AND POLITICS
The article examines the conflict between Westerners and Slavophiles in Russia in the 19th century; their main ideas, similarities and differences, as well as the reasons for this confrontation are explored; Westerners and Slavophiles are represented by adherents of different worldviews and ideologies, which had a significant influence on the development of our state.
As a result, a dispute arose about the choice of path not only for the upcoming bourgeois transformations, but also for transformations in general: the European one, which was understood by Westerners as universal, or the special, Russian one, in the possibility of which the Slavophiles believed. As a result, the role of Peter the Great in the assessment and correctness of the transformations became clear.
Then this dispute noticeably ceased after the reforms of Alexander III, and the populists came to the political forefront.
Keywords: currents of legal thought, legal movement, direction, legal concept, political views, Westerners, Slavophiles, differences, legal dispute, legal discussion, XIX century, Russia.
Bibliographic list of articles
1. Gabov K.V. Evolution of views on Slavophilism in domestic historiography // Bulletin of MGUKI. 2015. No. 1 (63). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evolyutsiya-vzglyadov-na-slavyanofilstvo-v-otechestvennoy-istoriografi
2. Zhigunova G.V. The social ideal of Russia in the spiritual heritage of the Slavophiles. M., 2016. 85 p.
3. Kireev M. N. Rimskaya O. N. Ideas of L. N. Tolstoy on law and morality // Humanitarian Gazette of TPGU im. L. N. Tolstoy. December 2018. No. 4 (28). pp. 34-42.
4. Kireevsky I.V. Reason on the path to truth: Philosophical articles, letters, diary. M.: Rule of Faith, 2002. 412 p.
5. Kistyakovsky B. A. In defense of the right // Milestones: a collection of articles about the Russian intelligentsia. With the “Bibliographies of Milestones” application. Sverdlovsk, 1991. 410 pp.
6. Lyashenko L. M., Volobueva O. V., Simonova E. V. History of Russia XIX – early XX centuries. M.: Bustard, 2016. 276 pp.
7. Novgorodtsev P.I. The idea of law in the philosophy of V.S. Solovyova // Novgorodtsev P.I. On the social ideal. M., 1991. 435 pp.
8. Pashkov B. G. History of Russia in the 18th-19th centuries. M.: Education, 2000. 392 pp.
9. Ryabiy M. M. Early Slavophilism: the problem of the lower chronological boundary. Bulletin of Nizhny Novgorod University named after. N.I. Lobachevsky. 2009. No. 2. P. 286-291.
10. Chaadaev P. Ya. Excerpts and various thoughts (1828-1850s) // Complete. collection Op. and selected letters. M.: Nauka, 1991. T. 1. P. 441-511.
11. Chaadaev P. Ya. Philosophical letters. M.: RIMIS, 2005. 240 pp.
12. Shirokova M. A. The place and role of Slavophilism in Russian philosophy and social thought: historiography of the problem // News of Altai State University. 2013. No. 2 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mesto-i-rol-slavyanofilstva-v-russkoy-filosofii-i-obschestvennoy-mysli-istoriografiya-problemy
13. Shchukin V. G. Russian Westernism: genesis-essence-historical role. Lodz, 2001. 401 p.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation
KARPUKOVA Albina Anatoljevna
senior lecturer of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
OBSTACLES TO MARRIAGE UNDER THE LAW OF CERTAIN SCANDINAVIAN COUNTRIES AND GERMANY IN THE XVIII-XIX CENTURIES
The article examines the peculiarities of regulating marriage according to the laws in force in the XVIII-XIX centuries in some Scandinavian countries (Finland, Sweden) and Germany. A legal comparative analysis of the main Laws on marriage issues in the specified chronological period has been carried out. This article focuses on the regulation of obstacles to marriage and the consequences of an invalid marriage. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the importance of measures taken in Finland, Sweden and Germany on the issue under study during this period.
Keywords: marriage, family, children, parents, divorce, church code, obstacles to marriage, marriage ceremony.
Bibliographic list of articles
1. Knipovich F. M. About marriage and personal and property relations of spouses under Finnish law. VIII-XII // Journal of the Ministry of Justice. – St. Petersburg, 1912 – No. 8.
2. Essay by Professor R. A. Wrede of the University of Helsinki, 1903
3. Criminal laws of the Grand Duchy of Finland // Russian Law. – [Electronic resource]. – Access mode: https://web.archive.org/web/20140407093017/http://www.allpravo.ru/library/doc101p/instrum105/item802.html (date of access: 02/10/2024).
4. Finnish legislation on marriage and family. – [Elelectronic resource]. – Access mode: https://studylib.ru/doc/2246435/zakonodatel._stvo-finlyandii-o-brake-i sem._e?ysclid=lsfqni15qt757429137 (date of access: 02.10.2024).
5. Code of Sweden, adopted at the Diet of 1734 and e.i. V. approved for the Grand Duchy of Finland: Trans., published by imperial command. – St. Petersburg: type. N. Grecha, 1824. – [9], XXIV, 534 p. – [Electronic resource]. – Access mode: http://www.auctionimperia.ru/wdate.php?t=booklot&i=24745&ysclid=lsfrkzd7an349666197 (date of access: 02/10/2024).
6. Criminal Code of V.K. Finlyandsky and related legislation. | Presidential Library named after B. N. Yeltsin. – [Electronic resource]. – Access mode: https://www.prlib.ru/item/801357?ysclid=lsgaaag0q654557189 (date of access: 02/10/2024).
HISTORY OF STATE AND LAW
BOBOMUROD Arafat Valijoni
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
PARTICIPATION OF CITIZENS IN THE ADMINISTRATION OF JUSTICE IN TAJIKISTAN DURING THE SOVIET PERIOD
An analysis of the features and historical significance of citizens’ participation in the administration of justice in Tajikistan during the Soviet period allowed us to state that even in conditions of politicized judicial activity, the institution of citizens’ participation in the administration of justice has a positive social effect, although its potential is more fully revealed in an independent and impartial court. In general, the Soviet period of the history of justice represents a significant variety of forms of citizen participation in the administration of justice, ethically supported by the idea of the nationality of the Soviet court. The institute of People’s assessors has become the main form of people’s participation in the administration of justice.
Keywords: Court, People’s Court, Tajik SSR, participation of citizens in the administration of justice.
Bibliographic list of articles
1. Aslonov Kh. Z. Problems of Kazi courts of pre-Soviet and Soviet Tajikistan (1867-1928): dis. …cand. history Sci. – Dushanbe: Tajik National University, 2018. – P. 44.
2. Decree of the All-Russian Central Executive Committee of the RSFSR of November 30, 1918 “On the People’s Court of the Russian Socialist Federative Soviet Republic (regulations)” // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base =ESU&n=18812#DeNyG1UsBjy9v8hx (date of access: 01/13/2023).
3. Law of the USSR of 08/04/1989 “On the status of judges in the USSR”: no longer in force // “Gazette of the SND of the USSR and the Supreme Court of the USSR”. – 1989. – No. 9. – Art. 223.
4. USSR Law of December 8, 1961 “On approval of the Fundamentals of Civil Proceedings of the USSR and Union Republics” // Gazette of the USSR Supreme Court. – 1961. – No. 50. – Art. 526.
5. Law of the USSR of 08/16/1938 “On the judicial system of the USSR, union and autonomous republics”: lost force due to the publication of the Decree of the Presidium of the USSR Armed Forces of 04/13/1959. // “Gazette of the USSR Armed Forces”. – 1938. – No. 11.
6. USSR Law of December 25, 1958 “On Changing the Procedure for Elections of People’s Courts” // Gazette of the USSR Supreme Court. – 1958. – No. 1. – Art. 13.
7. USSR Law of December 25, 1958 “On approval of the Fundamentals of Criminal Proceedings of the USSR and Union Republics”: no longer in force // Gazette of the USSR Armed Forces. – 1959. – No. 1. – Art. 15.
8. Law of the Tajik SSR “On the Judicial System of the Tajik SSR” // Gazette of the Supreme Council of the Tajik SSR. – 1961. – No. 2.
9. Kryzhan A.V. People’s court with assessors drawn from the working masses”: revolutionary innovation or a sham? // Historical and legal problems: A new perspective. – 2023. – No. 2. – P. 108.
10. Obidova M. N. The right of citizens to participate in the administration of justice: theoretical, legal and constitutional legal research: dis. …cand. legal Sci. – Dushanbe, 2021. – P. 88.
11. Resolution of the Central Executive Committee of the SMNK of the Tajik SSR dated May 12, 1931 “On the organization of Jamagat courts” // SZ Tajik SSR. – 1932. – P. 794.
12. Systematic collection of current laws of the Tajik SSR. – Stalinabad, 1932. – P. 791.
13. Takhirov F. T. Formation of Soviet law in Tajikistan / Responsible. ed. O. U. Usmanov. – Dushanbe: Donish, 1987. – P. 130.
14. Criminal Procedure Code of the Tajik SSR. – Dushanbe: Tajikgosizdat, 1961. – 267 p.
15. Shodiev I. R. Features of the formation of the judicial system of the Tajik ASSR // Proceedings of the Academy of the Ministry of Internal Affairs of the Republic of Tajikistan. – 2012. – No. 2 (18). – pp. 44-49.
HISTORY OF STATE AND LAW
MUTIGULLIN Alexander Vladimirovich
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
RESTORATION AND STRENGTHENING OF THE SOVIET AND PARTY ORGANS OF THE UKRAINIAN AND BYELORUSSIAN SSR, AS ONE OF THE TASKS IN THE FIGHT AGAINST THE FASCIST-NATIONALIST UNDERGROUND (1944-1945)
The article examines the issues of restoration and strengthening of Soviet and party organs in the territories of Western Ukraine and Western Belarus liberated from the Nazi occupation. It is shown that a complex of political, economic, administrative and special measures was used to activate the activities of Soviet and party bodies. The author also notes that the restoration and strengthening of Soviet power in the Ukrainian and Belarusian SSR significantly undermined the social, personnel and armed base of the fascist-nationalist underground.
Keywords: Soviet organs, party organs, activation of activities, the struggle, the fascist-nationalist underground, a set of political and special measures.
Bibliographic list of articles
1. Butov S.V., Mutigullin A.V., Simonchuk E.R. The struggle of military personnel of the NKVD troops of the USSR and the NKGB of the USSR against banditry in Ukraine during the Great Patriotic War // Eurasian Legal Journal. – 2023. – No. 2 (177). – pp. 89-91.
2. Vlasov V. A. Soviet state apparatus. – M., 1951. – 345 p.
3. Grigorovia D.F., Zamlinsky V.A., Nemyaty V.N. The Communist Party of Ukraine during the Great Patriotic War. – Kyiv, 1980. – 476 p.
4. Groshev I.I. The party’s struggle against nationalism. – M., Politizdat, 1974. – 124 p.
5. Mutigullin A.V. The fight against banditry in Ukraine during the Great Patriotic War, as a function of ensuring public security of the Soviet state // Current issues of administrative legislation: materials of the All-Russian round table (St. Petersburg, April 27, 2023) / Editorial Board : I. S. Nazarova (pres.), V. I. Kainov (chief editor). – St. Petersburg: SPVI National Guard Troops, 2023. – P. 79-84.
6. 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.
7. Mutigullin A.V., Nikonov D.A., Yakovlev M.V. Falsification of the history of the activities of the armed nationalist underground in Western Ukraine in the 1940s – 1950s. // Decisions of the Nuremberg Tribunal as a source of international humanitarian law: Collection of scientific articles of the interuniversity round table, St. Petersburg, November 23, 2022. – St. Petersburg: St. Petersburg Military Institute of the Order of Zhukov of the National Guard of the Russian Federation, 2023. – P. 98-103.
CONSTITUTIONAL LAW
GADISOV Daniyal Rasulovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ORGANIZATION OF PUBLIC PROSECUTOR’S SUPERVISION OVER THE OBSERVANCE OF ECONOMIC RIGHTS OF CITIZENS
The scientific article is devoted to the organization of prosecutorial supervision over the observation of economic rights of citizens in Russia. In the context of modern challenges and requirements for effective legal regulation of economic relations, special attention is paid to the role of the Prosecutor’s Office in ensuring the protection of economic rights of citizens. The article analyzes the main functions and powers of prosecutorial bodies in the field of economics, the main directions and methods of prosecutorial supervision. Special attention is paid to the mechanisms of interaction of the prosecutor’s office with other state authorities and control bodies in order to ensure effective counteraction to economic offenses and protect the interests of citizens.
Keywords: prosecutorial supervision, economic rights, citizens, Russia, protection, control bodies, efficiency.
Bibliographic list of articles
1. Balandina A. S. The role of the prosecutor’s office in ensuring the economic security of the Russian Federation // Vanguard of youth science: collection of articles of the II International Research Competition, Petrozavodsk, March 28, 2022. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I.I.), 2022. – P. 25-30.
2. But N. D. Prosecutor’s supervision over compliance with the constitutional right to freedom of economic activity // Bulletin of the Academy of the General Prosecutor’s Office of the Russian Federation. – 2017. – No. 1 (57). – WITH.94-100.
3. Grigorieva A.V. Prosecutor’s supervision over the observance of human and citizen rights and freedoms // Education. Culture. Society: Collection of selected articles based on the materials of the International Scientific Conference, St. Petersburg, October 29, 2021. – St. Petersburg: National Humanitarian Research Institute National Development, 2021. – pp. 57-59.
4. Ignatiev D. E. Protection of the rights and legitimate interests of small and medium-sized businesses by the prosecutor’s office of the Russian Federation // Skif. Questions of student science. – 2020. – No. 2 (42). – pp. 41-44.
5. Solovyov A. A. Prosecutor’s supervision over the observance of economic rights of citizens. Digest of articles. – Astrakhan: LLC Printing House “New Line”, 2023. – 208 p.
CONSTITUTIONAL LAW
IVLEVA Yuliya Ivanovna
junior researcher of the Sector of Constitutional Law and Constitutional Justice of the Institute of State and Law of the Russian Academy of Sciences (RAS)
INFORMATION AND COMMUNICATION TECHNOLOGIES FOR REALIZATION OF THE CONSTITUTIONAL PRINCIPLE OF ENVIRONMENTAL EDUCATION
Application of information and communication technologies in the modern world is a necessary condition for improving the quality of environmental education. Traditional methods and approaches applying to the organization of educational and upbringing process condition the introduction of advanced technologies, as well as the formation of a proper legal framework that regulates and ensures the implementation of this direction. This paper considers the system of legislative acts, especially constitutional provisions, studies specific examples, and identifies the problems of functioning of information and communication technologies in environmental education and upbringing in the Russian Federation.
Keywords: ecology, environmental safety, environmental protection, Legal support, information and communication technologies, the Constitution of the Russian Federation.
Bibliographic list of articles
1. Vinogradova E. V. Constitutional priorities of environmental education and upbringing of environmental culture – investments in the future of Russia // Legal politics and legal life. – 2022. – No. 3. – P. 199-206.
2. Moiseeva N. A., Polyakova T. A. Problems of information and mathematical modeling as a means of implementing interdisciplinary integration in the teaching of mathematics and computer science at a technical university // Scientific and methodological electronic journal “Concept”. – 2022. – No. 9 (September). – pp. 52-64.
3. Troyan N. A., Polyakova T. A. Modern approaches to systematization of information legislation of Russia in the conditions of digitalization: problems and prospects for development // Monitoring of law enforcement. – 2022. – No. 4 (45). – pp. 50-58.
CONSTITUTIONAL LAW
MAMOSHIN Vyacheslav Igorevich
postgraduate student of the 1st course of Constitutional law and constitutional judiciary sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
NEW GENERATIONS OF HUMAN RIGHTS AND THEIR CONSTITUTIONAL REGULATION
The article analyzes the institution of new generations of human rights as a special legal and social phenomenon. In particular, the new generation of human rights is understood as a set of rights formed at the turn of the XX-XXI centuries as a result of scientific and technological progress, discoveries in medicine, biology, genetics. The paper emphasizes that the two main groups of human rights of the new generation are somatic rights and rights related to the development of digital technologies. These new rights are not yet sufficiently regulated in detail in the legislation of many countries. The Russian Federation is no exception here. Thus, the article highlights the problem of recognizing the right to euthanasia in Russia. In particular, according to the author, Russian patients with severe incurable diseases should have the right to make a decision on euthanasia. This fully corresponds to the ideas and principles of humanism. In addition, the paper discusses the latest changes in the legislative regulation of the procedure for changing sex. It is concluded that the procedure of sex change should be limited, but the introduction of an absolute ban on this procedure is not consistent with the norms of the Constitution of the Russian Federation. The author believes that adult and capable Russian citizens should have the right to undergo a sex change procedure only in cases where, after a thorough examination, they have been identified with appropriate medical indications.
Keywords: artificial insemination, cloning, new generations of human rights, sex change, euthanasia.
Bibliographic list of articles
1. Buzurtanova P. M., Gandarova L. B. Generations of human rights // StudNet. – 2021. – No. 6. – P. 2041-2046.
2. Velieva S. M. The right to life and the “right to death” in the Russian Federation and foreign countries // Modern law. – 2022. – No. 6. – P. 119-123.
3. Gerasimenko N. S. Somatic rights as a special group of human and citizen rights // Bulletin of the Eurasian Academy of Administrative Sciences. – 2020. – No. 4 (53). – pp. 33-36.
4. Gluzdak G. N. Genesis and evolution of the concept of generations of human rights // Ural Journal of Legal Research. – 2022. – No. 4 (21). – pp. 17-23.
5. Matvienko E. A. Generations of human rights: historical and legal aspect // Collection of scientific works of the “Law” series. – 2020. – No. 1 (17). – pp. 117-127.
6. Novgorodtsev P.I. On the unique elements of Russian philosophy of law // Russian philosophy of law. Anthology. – St. Petersburg: Aletheia, 1999. – P. 229-246.
7. Posadkova M.V. The future is already here: on the constitutional nature of the reproductive right to have a child using assistive technologies // Comparative constitutional review. – 2022. – No. 6 (151). – pp. 72-94.
8. Stankevich G.V., Yablonskaya A.A. Reproductive rights of citizens: content and implementation // Economics. Right. Society. – 2022. – T. 7. No. 4 (32). – pp. 47-52.
9. Shevchenko I. S. The right to euthanasia and cloning in the modern world // Legal position. – 2021. – No. 3 (15). – pp. 60-66.
CONSTITUTIONAL LAW
FANTROV Pavel Petrovich
Ph.D. in political sciences, senior lecturer of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
DUBROVINA Anastasiya Nikolaevna
student of the Institute of Law of the Volgograd State University
MODERNIZATION OF LEGISLATION, REGULATING THE STATUS OF THE COMMITTEE FOR HUMAN RIGHTS IN RUSSIAN FEDERATION
The authors identified gaps in domestic legislation that affect the effectiveness of the activities of the Commissioner for Human Rights in the Russian Federation. The researchers came to the conclusion that in order to increase the level of protection of the rights and freedoms of citizens in the Russian Federation, the following standards should be consolidated: 1) tightening the responsibility of public authorities and officials for obstructing the activities of the Commissioner , enshrined in Art. 17.2 of Russian Code of Administrative Offenses such a type of punishment as “disqualification”; 2) giving the Commissioner the right of legislative initiative; 3) indicating the need for the Commissioner to have a higher legal education.
Keywords: Commissioner for Human Rights, Constitution of the Russian Federation, rights and freedoms, legislative initiative, power.
Bibliographic list of articles
1. Bashimov M. S. Some problems of improving the bill on the Ombudsman of Kazakhstan // Bulletin of the Institute of Legislation of the Republic of Kazakhstan. – 2007. – No. 4.
2. Boytsova V.V., Boytsova L.V. Institute of the Commissioner for Human Rights in Russia // Representative power: monitoring, analysis, information. – 1997. – No. 2.
3. Glushkova S.I., Palkina N.V. Public control in modern Russia: main directions and problems of development // Bulletin of the Humanitarian University. – 2020. – No. 2.
4. Plutalov I. Yu. Proposals for improving the institution of the Commissioner for Human Rights in the Russian Federation // Eurasian Legal Journal. – 2020. – No. 3.
5. Khamaneva N. Yu. Institute of the Ombudsman for Children’s Rights: Problems of Development and Improvement // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2012. – No. 5.
CONSTITUTIONAL LAW
YARIKOV Makhach Muradinovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
RADZHABOVA Emilia Shahabutinovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University Makhachkala
THE PROBLEM OF INTERACTION BETWEEN THE INSTITUTION OF THE PRESIDENT AND THE BRANCHES OF GOVERNMENT IN THE RUSSIAN LEGAL SYSTEM
The scientific article is devoted to the analysis of the problem of interaction between the institute of the president and the branches of government in the Russian legal system. The article provides a comprehensive analysis of the constitutional foundations of the separation of powers, the powers of the president and his influence on the executive, legislative and judicial branches of government. Particular attention is paid to identifying factors contributing to effective or ineffective interaction between these institutions, as well as identifying problematic aspects such as the possibility of abuse of power, limitations on the independence of the judicial system and paralysis in the decision-making system. Based on the analysis, recommendations and solutions to these problems are proposed, taking into account constitutional norms, international standards and practices of other states.
Keywords: interaction, president, branches of government, legal system, constitution, separation of powers, powers, independence of the judicial system, civil society, Russian politics.
Bibliographic list of articles
1. Borisov O. K. Peculiarities of interaction between the President of the Russian Federation and federal government bodies of the Russian Federation // Problems of modernization of the modern Russian state: Collection of materials of the VIII All-Russian Scientific and Practical Conference, Sterlitamak, May 23-24, 2019 / Rep. ed. G. A. Ivantsova. – Sterlitamak: Bashkir State University, 2019. – pp. 138-143.
2. Gandaloeva R. A. Interaction of the President of the Russian Federation with government bodies // Current issues of modern science: Collection of articles of the VII International Scientific and Practical Conference. In 2 parts, Penza, June 10, 2023. Volume Part 2. – Penza: Science and Enlightenment (IP Gulyaev G. Yu.), 2023. – P. 274-276.
3. Zhulidova P. A. The problem of the powers of the president and the socio-political development of Russia // Relevante issues of modern science and education: Materials of the Scientific Session 2022 of the Borisoglebsk branch of the Federal State Budgetary Educational Institution of Higher Education “VSU”, Borisoglebsk, April 01–30, 2022. – Moscow: Pero Publishing House, 2022. – P. 116-120.
4. Kashin I. A. Interaction of the President of the Russian Federation with the branches of government: problems and prospects for interaction // Big Legal Conference: collection of articles of the International Scientific and Practical Conference, Penza, August 15, 2021. – Penza: Science and Enlightenment, 2021. – P. 7-12.
CONSTITUTIONAL LAW
SHAKHMURADOV Andrey Raufovich
postgraduate student of Constitutional law and constitutional proceedings sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
CONCERNING THE INTERRELATION OF CATEGORIES CONSTITUTIONALISM, PARLIAMENTARISM AND PRESIDENTIALISM
The doctrine of modern constitutional law discusses the relationship between constitutionalism, parliamentarism and presidentialism. Parliamentarism is often called an integral part of constitutionalism, and presidentialism is opposed to both categories. Nevertheless, there is a different doctrinal view. Presidentialism seems to be an alternative to the prevalent role of the legislature, but only within the frameworks of a verified and time-tested system of checks and balances between bodies of different branches of government, and the president himself is called the state body closest to the principle of democracy.
Keywords: constitutionalism, presidentialism, parliamentarism, the principle of separation of powers, the system of checks and balances, constitutional democracy, executive power, legislative power.
Bibliographic list of articles
1. Abramova A. I., Vitushkin V. A., Vlasenko N. A. and others. Parliamentary law of Russia. Monograph. // Publication of the State Duma, 2013. 400 pp.
2. Kutafin O. E. Russian constitutionalism. M: Norma, 2008. pp. 380-381.
3. Modern Russian constitutionalism: to the 85th anniversary of the birth of academician O. E. Kutafin, p. 181: monograph / Under general. ed. V. V. Komarova; resp. ed. O. S. Rybakova. Moscow: Prospekt, 2023. 608 p. ISBN 978-5-392-39249-0
4. Umnova I. A. Modern approaches, concepts and doctrines of constitutionalism // Modern constitutionalism. Theory, doctrine and practice: collection. scientific tr. / RAS. INION. Center for Social Scientific Information Research Dept. jurisprudence; RAP, Dept. Constitutional and legal studies; resp. ed. E.V. Alferova, I.A. Umenova. M., 2013. P. 31.
5. Shulzhenko Yu. L. The concept of “Parliamentarism” in modern domestic science // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2017. No. 5 (63). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-parlamentarizm-v-sovremennoy-otechestvennoy-nauke
6. Constitutional law / Erwin Chemerinsky, Dean and Jesse H. Chopper Distinguished Professor of Law, University of California, Berkeley School of Law. Sixth edition. New York: Wolters Kluwer, 2020] ISBN 9781543813074.
7. Fellman D. (1975). The Separation of Powers and the Judiciary // The Review of Politics, 37 (3), 357-376. doi: 10.1017/S0034670500024463.
8. José Antonio Cheibub & Bjørn Erik Rasch (2022). Constitutional parliamentarism in Europe, 1800-2019 // West European Politics, 45:3, 470-501, DOI: 10.1080/01402382.2020.1870841
ADMINISTRATIVE LAW
BYSHKOV Pavel Anatoljevich
Ph.D. in Law, Ph.D. in historical sciences, associate professor of the Higher School of Management of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PROBLEMS OF THE DEVELOPMENT OF THE ARCTIC AND THE FAR EAST
The article is devoted to the study of the attractiveness of the northern and eastern regions of Russia and the legal instruments for their development. The main measures and institutions created to stimulate investment and socio-economic development of the region are described. Preferential regimes and special administrative and legal regimes are considered, as well as legal acts aimed at regulating the development of the region. The article also contains an analysis of the challenges and prospects for the development of the Arctic and the Far East from the point of view of legal regulation.
Keywords: the Arctic, the Far East, preferential regimes, legal regulation of administrative and legal regimes, investments, legal support for economic growth, international cooperation.
Bibliographic list of articles
1. Federal Law “On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation” dated July 29, 2017 No. 216-FZ // Collection of lawsof the Russian Federation dated July 31, 2017 N 31 (Part I) Art. 4765.
2. Order of the Government of the Russian Federation dated September 24, 2020 No. 2464-r “On approval of the National Program for the Social and Economic Development of the Far East for the period until 2024 and for the future until 2035.”
3. Federal Law of December 29, 2014 No. 473-FZ “On Territories of Advanced Development in the Russian Federation” // Rossiyskaya Gazeta, No. 299, 12/31/2014.
4. Federal Law “On Special Economic Zones in the Russian Federation” dated July 22, 2005 No. 116-FZ // Collection of Legislation of the Russian Federation dated July 25, 2005 No. 30 (Part II) Art. 3127.
5. Federal Law of July 13, 2015 No. 212-FZ “On the Free Port of Vladivostok” // Collection of Legislation of the Russian Federation of July 20, 2015 No. 29 (Part I) Art. 4338.
6. Federal Law of April 30, 1999 No. 82-FZ “On Guarantees of the Rights of Indigenous Peoples of the Russian Federation” // Collection of Legislation of the Russian Federation of May 3, 1999 No. 18 Art. 2208.
7. Convention of the International Labor Organization No. 169 “On Indigenous and Tribal Peoples in Independent Countries” (Geneva, June 27, 1989) // The text of the Convention was published in the collection “Conventions and Recommendations Adopted by the International Labor Conference. 1957-1990. T. II”. Geneva, International Labor Office, 1991.
8. Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection” // Collection of Legislation of the Russian Federation of January 14, 2002 No. 2 Art. 133.
9. Order of the Government of the Russian Federation of September 24, 2020 No. 2464-r “On approval of the National Program for the Social and Economic Development of the Far East for the period until 2024 and for the future until 2035.” // Collection of legislation of the Russian Federation, 05.10.2020, No. 40, art. 6311.
10. Order of the Government of the Russian Federation of September 24, 2020 No. 2464-r “On approval of the National Program for the Social and Economic Development of the Far East for the period until 2024 and for the future until 2035.” // Collection of legislation of the Russian Federation, 05.10.2020, No. 40, art. 6311.
11. Decree of the Government of the Russian Federation of April 15, 2014 No. 316 “On approval of the state program of the Russian Federation “Economic development and innovative economy” // Collection of legislation of the Russian Federation, 05.05.2014, No. 18 (part II), art. 2162.
12. Order of the Government of the Russian Federation dated 02.13.2019 No. 207-r “On approval of the Spatial Development Strategy of the Russian Federation for the period until 2025” // Collection of Legislation of the Russian Federation, 02.18.2019, No. 7 (Part II), Art. 702.
13. Order of the Ministry of Eastern Development of Russia dated 04/02/2015 No. 42 On approval of the application form for concluding an agreement on the implementation of activities in the territory of rapid socio-economic development, an approximate form of a business plan, criteria and methods for assessing the application and business plan; Order of the Ministry of Economic Development of Russia dated July 21, 2022 No. 381 “On approval of the application form for concluding an agreement on the implementation of activities in the territory of rapid socio-economic development created on the territory of the Russian Federation, with the exception of the territory of the Far Eastern Federal District and the Arctic zone of the Russian Federation, an approximate form of business plan, criteria and methodology for considering the application and evaluating the business plan, the procedure for submitting the application and the documents attached to it in the form of an electronic document.”
ADMINISTRATIVE LAW
DUDAEV Anatoliy Borisovich
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
TKACHENKO Vladimir Vasiljevich
Ph.D. in economical sciences, associate professor of Management and administrative activities sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
DEMCHENKO Nikolay Viktorovich
Ph.D. in Law, Deputy Head of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
COMMISSIONS ON JUVENILE AFFAIRS AND PROTECTION OF THEIR RIGHTS IN THE SYSTEM OF SUBJECTS OF ADMINISTRATIVE JURISDICTION
In the presented article, the authors consider the legal status of the most important subject of the prevention of neglect of persons under the age of eighteen – the commissions for juvenile affairs and protection of their rights, which is also a jurisdictional body considering cases of administrative offenses. The paper notes the historical circumstances that arose in the early years of Soviet power, which served as the basis for the creation of this collegial body. The authors identify the most important role of commissions in ensuring the protection of the rights and legitimate interests of minors in a legal democratic state. Based on the analysis of a number of scientific publications, the concept and features of the legal status of the Commission on Juvenile Affairs and protection of their rights as an administrative jurisdiction body are formulated. Proposals have been made aimed at ensuring legality and objectivity in resolving cases of administrative offenses by commissions for juvenile affairs and protection of their rights, as well as improving their activities.
Keywords: rights and legitimate interests of minors, neglect, homelessness, the system of prevention of neglect and juvenile delinquency, subjects of the system of prevention of neglect and juvenile delinquency, commissions on juvenile affairs and protection of their rights, bodies of administrative jurisdiction, state bodies, cases of administrative offenses, non-judicial bodies.
Bibliographic list of articles
1. Bratanovsky S.N., Demenchuk D.V. Administrative and legal regulation of the organization of activities of commissions for minors in the Russian Federation: monograph. M.-Berlin: Direct-Media Publishing House, 2014. 138 p.
2. Vinogradov A. S. Competence of the commission on juvenile affairs and protection of their rights in the field of prevention of juvenile delinquency // Young scientist. 2018. No. 48 (234). pp. 129-130.
3. Kaibysheva D.Z. Activities of the commission for minors and the protection of their rights in working with neglected minors // International Academic Bulletin. 2019. No. 5. P. 56-58.
4. Krivonosov A. N. Historical experience in the fight against homelessness // State and law. 2003. No. 7. P. 92-98.
5. Mozharovskaya K. A. Analysis of the activities of the commission for juvenile affairs and the protection of their rights in the prevention of juvenile delinquency // Implementation of the competence-based approach in the system of professional education of teachers. 2018. No. 1. P. 132-135.
6. Moskalenko S. A., Shikhalov A. O., Tkachuk V. N. Specifics of the activities of the commission for juvenile affairs in the prevention of delinquency // Eurasian space: economics, law, society. 2022. No. 1. P. 22-24.
7. Rozhkov A. Yu. The fight against homelessness in the first Soviet decade // Questions of history. 2000. No. 11. P. 134-139.
8. Fedorova I.V. Measures taken by the commission for minors to protect their rights // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2022. No. 4. P. 257-262.
ADMINISTRATIVE LAW
KAMENEV Maxim Alexandrovich
lecturer of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
FEATURES OF ADMINISTRATIVE RESPONSIBILITY FOR THE DISSEMINATION OF EXTREMIST MATERIALS
This article analyzes the peculiarities of the application of administrative liability for the commission of such an offense as the production and distribution of extremist materials. Due to the fact that this offense refers to offenses encroaching on public order and public security, the author dwells separately on the consideration of these definitions. The relevance of this work is due to the importance of a more detailed study of the grounds and regulatory legal framework establishing administrative responsibility for the commission of the offense in question. The article examines both the composition of this offense itself and the measures of administrative responsibility for its commission. The author analyzes the need to amend the current administrative legislation on the issue under consideration.
Keywords: administrative responsibility, public order and public security, production and distribution of extremist materials
Bibliographic list of articles
1. Magdilova L. V., Magomedrasul G. Ya. Problems of countering the spread of extremist materials on the Internet // Public service and personnel. 2023. No. 5. P. 86-90.
2. Prokofiev K. G. On the issue of the grounds of administrative responsibility for offenses encroaching on public order and public safety // Socio-political sciences. 2019. Vol. 9. No. 5. pp. 148-151.
3. Kurakin A.V. On the issue of the concept and meaning of administrative responsibility in Russian law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2013. No. 6. P. 208-209.
ADMINISTRATIVE LAW
OSTANINA Anastasiya Maksimovna
master of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
PAVLOV Nikolay Vladimirovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CONTROL AND SUPERVISION AS THE MAIN WAYS TO ENSURE LEGALITY IN ADMINISTRATIVE AND PUBLIC ACTIVITIES
In the scientific work, the authors consider the mainissues of control and supervision as a way to ensure the legality of administrative and public activities. It is noted that the main purpose of control and supervision is to ensure the legality of administrative and public activities, and the correct and effective implementation of control and supervisory activities in the country is the key to prosperity as a state. The article also identifies current problems that arise in the process of implementing control and supervisory activities. Possible ways to eliminate the existing gaps are proposed.
Keywords: control, supervision, public administration, legality, administrative and public activities, public authorities.
Bibliographic list of articles
1. Belchik A. M., Pavlov N. V. Legal aspects of state and municipal government // Law and Law. – 2022. – No. 4. – P. 29-31.
2. Zherebtsov A. N., Pavlov N. V. Administrative law enforcement practice: theoretical and practical aspects. – M.: Justitsinform, 2018. – 167 p.
3. Romanov S. A. Reforming the system of state control (supervision) in the context of changes in current legislation // Penitentiary science. – 2023. – T. 17. No. 1 (61). – pp. 82-88.
ADMINISTRATIVE LAW
SIDOROV Sergey Alexandrovich
Ph.D. in political sciences, associate professor of General legal disciplines sub-faculty of the All-Russian State University of Justice
SAKHNO Vasiliy Petrovich
postgraduate student of the All-Russian State University of Justice
KIRKITSA Anton Alexandrovich
student of the 4th course of the All-Russian State University of Justice
LIABILITY OF LEGAL ENTITIES FOR VIOLATION OF THE RULES OF NAVIGATION WHEN TRANSPORTING CATCHES OF AQUATIC BIOLOGICAL RESOURCES
In the article, the author considers topical issues of bringing legal entities to legal responsibility when transporting catches of aquatic biological resources. However, the current practice, according to the author, actually divides industrial fishing into fishing directly with the extraction of FBR catches, and fishing without FBR extraction. It has been shown that Russian and foreign vessels and other floating vessels, when fishing and going to the exclusive economic zone of the Russian Federation, after crossing the line of its external border, are obliged to notify the border authority in advance. Failure to comply with these requirements entails administrative liability.
Keywords: fishing, administrative responsibility, receiving vessel, permit for the extraction of VBR.
Bibliographic list of articles
1. Belyaeva O. A., Bogolyubov S. A., Galinovskaya E. A. [etc.]. On fishing and conservation of aquatic biological resources: scientific and practical commentary on the Federal Law of December 20, 2004 No. 166-FZ, clause 9, art. 1. – Moscow: Prospekt, 2020. – 216 p.
2. Resolution of the Arbitration Court of the North-Western District: dated September 15, 2021 in case No. a42-9854/2020 Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/ELhZAGlguQW3/?ysclid=ls9dgzu5o34726216.
3. Decision of the Arbitration Court of the Murmansk Region dated March 11, 2021 in case No. A42-9854/2020. Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/ELhZAGlguQW3/?ysclid=ls9dgzu5o34726216.
ADMINISTRATIVE LAW
BYSHKOV Pavel Anatoljevich
Ph.D. in Law, Ph.D. in historical sciences, associate professor of the Higher School of Management of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL ASPECTS OF BUSINESS PROTECTION IN THE FIELD OF CONTROL AND SUPERVISORY ACTIVITIES
The article examines the current state of control and supervisory activities in Russia. He notes a decrease in the number of inspections, but there are problems, such as unjustified criminal prosecution of entrepreneurs. The article also discusses the powers of law enforcement agencies, the classification of economic crimes and measures to protect the rights of entrepreneurs. In the context of improving the investment climate, the article suggests expanding the powers of the prosecutor’s office, decriminalizing certain criminal offenses and more frequent use of preventive measures not related to imprisonment. In general, changes in legislation can contribute to the development of the economy and the protection of the rights of entrepreneurs.
Keywords: reducing administrative pressure, entrepreneurship, Russia, control and supervisory activities, investment climate, law enforcement agencies, criminal legislation, crimes, protection of the rights of entrepreneurs.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/71445.
2. [Electronic resource]. – Access mode: http://doklad.ombudsmanbiz.ru/doklad_2022.html.
3. Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” dated March 8, 2022 No. 46-FZ // Collection of Legislation of the Russian Federation dated March 14, 2022 No. 11 Art. 1596.
4. Decree of the Government of the Russian Federation dated March 10, 2022 N 336 “On the features of the organization and implementation of state control (supervision), municipal control” // Collection of legislation of the Russian Federation dated March 14, 2022 No. 11 Art. 1715.
5. Federal Law of July 31, 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” // Collection of Legislation of the Russian Federation of August 3, 2020 No. 31 (Part I) Art. 5007.
6. Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” // “Rossiyskaya Gazeta” of December 30, 2008 No. 266.< br /> 7. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ // Collections of Legislation of the Russian Federation dated June 17, 1996 No. 25 Art. 2954.
8. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ // Collection of Legislation of the Russian Federation of December 24, 2001 No. 52 (Part I) Art. 4921.
9. Order of the General Prosecutor’s Office of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Emergency Situations of the Russian Federation, the Ministry of Justice of the Russian Federation, the FSB of the Russian Federation, the Ministry of Economic Development and Trade of the Russian Federation and the Federal Service of the Russian Federation for Drug Control dated December 29, 2005 No. 39/1070/1021/253/780 /353/399 “On a unified record of crimes.” // Rossiyskaya Gazeta.” – No. 13. – 01/25/2006.
ADMINISTRATIVE LAW
TORYANIKOVA Irina Vitaljevna
lecturer of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
CURRENT ISSUES OF ADMINISTRATIVE COERCION: THE CONCEPT AND FEATURES OF ITS APPLICATION
In this article, the author examines current issues of administrative coercion, which are expressed in several factors: firstly, this is an economic factor, according to which administrative coercion acts as a kind of necessity in the development of a market economy in the state; secondly, the political factor, which means the possibility of fully realizing the rights of citizens, protecting the state, as well as maintaining law and order on its territory only through the use of coercion when necessary; thirdly, the legal factor means the possibility of full regulation through coercion of the procedure for proceedings in cases of administrative offenses. The concepts of administrative coercion are formulated and a classification of signs of coercion is given. The forms of state coercion are highlighted and some features of its application are revealed.
Keywords: administrative coercion, administrative offense, administrative responsibility, restoration of rights, ensuring law and order.
References
1. Safonenkov P. N. Administrative coercion applied by customs authorities as a scientific problem // Administrative and municipal law. – 2016. – No. 4. – P. 295-298.
2. Kaplunov A. I. Administrative coercion applied by internal affairs bodies: theory and practice: monograph. – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2014. – P. 83.
3. Sokolov A. Yu. Measures to ensure proceedings in cases of administrative offenses: monograph. – M.: Norma, 2015. – P. 37.
4. Grishin D. A. On the issue of the concept and content of administrative coercion used by employees of the Federal Penitentiary Service of Russia // Administrative law and process. – 2016. – No. 1. – P. 33-38.
5. Rossinsky B. V. Administrative responsibility. – M.: Norma, 2015. – P. 1.
ADMINISTRATIVE JUDICIARY
MITYASHOVA Anastasiya Anatoljevna
magister student of the A. A. Khmyrov Faculty of Law of the Kuban State University
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University
ON THE ISSUE OF THE POSSIBILITY OF PROVING NEGATIVE FACTS IN ADMINISTRATIVE PROCEEDINGS
The text of the Code of Administrative Procedure of the Russian Federation does not disclose the concept of a “negative fact”, does not provide its legal qualification, there is no indication whether it is possible to prove a negative fact in the process of considering and resolving a case or such a possibility is devoid of practical justification. The historical aspect of the emergence of the concept of “negative fact” is touched upon. The experience of foreign countries and foreign scientists in considering the possibility of proving a negative fact is analyzed. The approaches developed in legal doctrine and judicial practice to the issue of the possibility of proving a negative fact are considered. The position on the possibility of proving negative facts in the process of considering and resolving an administrative case by redistributing the burden of proof between the parties is disclosed. The opinion is expressed on the approach to considering a negative fact as an indefinite legal relationship, for the proof of which it is necessary to fill the latter with factual content (in order to transform the “negative” into a “definite” one for further proof).
Keywords: negative facts, redistribution of the burden of proof, proving, administrative proceedings, an uncertain legal relationship, the experience of foreign countries.
Bibliographic list of articles
1. Smirnov I., Levinsky V. (compiled). Catch phrases of the ancient Romans. – M.: Ripol classic, 1999. – 704 p.
2. Yarkov V.V. Legal facts in the civil process. – M.: Intro-pik Media, 2012. – 608 pp.
3. Tax Code of the Russian Federation (part one) dated July 31, 1998 No. 146-FZ // SZ RF. – 08/03/1998. – No. 31. – Art. 3824.
4. Nefediev E. A. Textbook of Russian civil proceedings. – M.: Type. Imp. Moscow un-ta. – 403 c.
5. Annenkov K. N. Experience of commentary on the Charter of civil proceedings. Volume V: Execution of the decision / [Essay] K. Annenkova. – Second edition, corrected and expanded. – St. Petersburg: Printing house of M. M. Stasyulevich, 1888. VIII. – 588 pp.
6. Nakhova E. A. Subject of proof and distribution of responsibilities for proof in civil proceedings of the countries of the continental legal system // Leningrad Legal Journal. – 2022. – No. 3 (69). – pp. 65-76.
7. Vyshinsky A. Ya. Theory of judicial evidence in Soviet law / 3rd ed., add. – M.: Gosyurizdat, 1950. – 308 p.
8. Code of Administrative Proceedings of the Russian Federation dated 03/08/2015 No. 21-FZ // SZ RF. – 03/09/2015. – No. 10. – Art. 1391.
9. Appeal ruling of the Novosibirsk Regional Court dated 02.21.2023 No. 33a-1814/2023 in case No. 2a-398/2022 // SPS “ConsultantPlus” (date of appeal: 10.08.2023).
10. Appeal ruling of the St. Petersburg City Court dated 03/02/2023 No. 33-2405/2023 in case No. 2–370/2022 // SPS “ConsultantPlus” (date of appeal: 10/08/2023).
11. Ruling of the Supreme Court of the Russian Federation dated August 30, 2017 No. 309-ES17-12939 in case No. A76-11353/2016 // ATP “ConsultantPlus” (date of appeal: October 8, 2023).
12. Gilev K. I. Approaches to proving negative facts // Questions of Russian justice. – 2021. – No. 15. – P. 689-702.
13. Appeal ruling of the Novosibirsk Regional Court dated 02.21.2023 No. 33a-1814/2023 in case No. 2a-398/2022 // SPS “ConsultantPlus” (date of appeal: 10.14.2023).
CIVIL LAW
BUZOVA Natalya Vladimirovna
Ph.D. in Law, associate professor of Business and corporate law sub-faculty of the Russian State University of Justice
ARE THE RIGHTS OF THE PHONOGRAM MANUFACTURER SUFFICIENT TO USE MUSICAL COMPOSITIONS ON THE INTERNET?
Although phonograms are independent results of intellectual activity, their use is often associated with the realization of intellectual rights to works and performances that are recorded on such phonograms. That is, for the legitimate use of phonograms, including on the Internet, it is not enough to obtain the consent of only the phonogram manufacturer, the consent of the authors and performers (or other holders of exclusive rights to works and performances) that are used in conjunction with the phonogram is also required. Additional attention is required whenusing audio recordings created during the Soviet period without including an agreement with the author.
Keywords: performance, fixation, music work, rightholder, phonogram, duration of protection.
Bibliographic list of articles
1. Grishaev S.P. Mass media and copyright // Library of the “Rossiyskaya Gazeta” Copyright and mass media. Legislative and other regulations. 2002. No. 20. P. 123-167.
2. Zavidov B. D., Savelyeva I. V. Basic provisions on related rights // Intellectual property. Copyright and related rights. 2001. No. 3. P. 51-56.
3. Commentary on the Civil Code of the Russian Federation, part four (article-by-article) / Rep. ed. L. A. Trakhtengerts. M.: Law firm “CONTRACT: INFRA-M”, 2009. 812 p.
4. Morgunova E. A. The procedure for disposing of the exclusive right to objects of copyright according to part four of the Civil Code of the Russian Federation and according to the Law of the Russian Federation “On Copyright and Related Rights” // Digital Economy: Intellectual Property and Law. Digest of articles. M.: RUGP, 2023. pp. 85-94.
5. Morgunova E. A., Frolova N. M. Exclusive law in civil circulation: textbook. M.: Norma: INFRA-M., 2021. 496 pp.
6. Tulubieva I. Yu. Rights of performing artists // Intellectual property. Copyright and related rights. 2000. No. 5-6. pp. 108-111.
CIVIL LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
KITAEVA Alina Vladimirovna
Ph.D. in Law, associate professor, associate professor of Professional disciplines sub-faculty of the Faculty of Training of State and Municipal Employees of the Samara Law Institute of the FPS of Russia
KORNIENKO Marina Andreevna
student of the 3rd course of the Institute of Law of the Samara State University of Economics
KRUGLOVA Anna Vladimirovna
student of the 3rd course of the Institute of Law of the Samara State University of Economics
VIOLATIONS OF THE LEGAL FOUNDATIONS OF MEDICAL ACTIVITY IN THE FIELD OF COSMETOLOGY
The article is devoted to an urgent topic in the field of medical cosmetology services. This topic remains in demand, as more and more people seek to change their appearance with the help of cosmetic intervention. In this scientific work, the legal aspects of cosmological activity, the problems of the appearance of “black” cosmetology and ways to prevent such activity will be revealed.
Keywords: legal regulation, cosmetology, procedure, license, service.
Bibliographic list of articles
1. “History of cosmetology in Russia.” [Electronic resource]. – Access mode: History of cosmetology in Russia – Rybinsk Week (rweek.ru) (access date: 02/06/2024).
2. On the nomenclature of specialties of specialists with higher and postgraduate medical and pharmaceutical education in the healthcare sector of the Russian Federation: order of the Ministry of Health and Social Development of the Russian Federation dated April 23. 2009 No. 210n (lost force) / Official publication of legal acts. [Electronic resource]. – Access mode: https://minzdrav.gov.ru/documents/8957 (date of access: 02/06/2024).
3. On licensing of certain types of activities: Federal Law of May 4, 2011 No. 99-FZ (as amended on December 25, 2023) / Official publication of legal acts. [Electronic resource]. – Access mode: On licensing of certain types of activities (pravo.gov.ru) (date of access: 02/06/2024).
4. On approval of the Procedure for providing medical care to the population in the field of cosmetology: order of the Ministry of Health and Social Development of Russia dated April 18, 2012 No. 381n / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=102159609&ysclid=ltflwt6wjs613454831 (date of access: 02/06/2024).
5. Code of the Russian Federation on Administrative Offenses: Federal Law of December 30, 2001 No. 195-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force from March 1, 2024) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody&nd=102074277&ysclid=ltg22k7c25859652671 (date of access: 02/06/2024).
6. “Legal and gray cosmetology”: Komsomolskaya Pravda. [Electronic resource]. – Access mode: Legal and “gray” cosmetology in Yekaterinburg: how a consumer can avoid getting confused in the beauty market and not harming themselves – KP.RU (date of access: 02/06/2024).
7. “The Social Media Butcher.” [Electronic resource]. – Access mode: https://lenta.ru/articles/2024/02/17/myasnik-iz-sotssetey-emelyan-braude-vernulsya-v-rossiyu/?ysclid=ltfmdj54qh680363456 (date of access: 02/06/2024).
8. Exposing gray cosmetologists: How the Braude sect makes billions from us: YouTube video hosting. [Electronic resource]. – Access mode: https://www.youtube.com/watch?v=zJpvltGOtMc (access date: 02/06/2024).
9. Verdict of the Dorogomilovsky District Court of Moscow dated October 15, 2020 in case No. 1-288/19. [Electronic resource]. – Access mode: https://mos-gorsud.ru/mgs/cases/docs/content/3daa80a0-7a62-11eb-af74-1ffce50878e5.
10. The cause of death of the ripper surgeon Alena Verdi has been named: NTV Television Company JSC. [Electronic resource]. – Access mode: The cause of death of the ripper surgeon Alena Verdi has been named // NTV News (ntv.ru) (access date: 02/06/2024).
11. Cosmetologists: in the light and in the shade, data from VTsIOM surveys. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/kosmetologi-na-svetu-i-v-teni?ysclid=ltfjfwjvxy390893959 (access date: 03/06/2024).
CIVIL LAW
IZYUMOV Igor Vladimirovich
Ph.D. in Law, associate professor of Humanitarian sciences and technologies sub-faculty of the Tyumen Industrial University
THE LEGAL NATURE OF ARTIFICIAL INTELLIGENCE AS AN OBJECT OF INTELLECTUAL PROPERTY LAW
The article analyzes the legal nature of artificial intelligence, as well as the features and further prospects of legal regulation of relations related to it from the point of view of intellectual property law. Proposals for improving legislation in the field of intellectual property are also presented.
Keywords: artificial intelligence, intellectual property, neurotechnology.
Bibliographic list of articles
1. Zhuleva M. S., Izyumov I. V., Ignatov S. B., Shuler I. V. Legal problems of our time / Collective monograph – Direct text. – Tyumen, 2019. – P. 92.
2. Ponkin A.V., Redkina A.I. Artificial intelligence from the point of view of law / Direct text // Bulletin of RUDN University. Ser.: Legal sciences. – 2018. – No. 1. – P. 99.
3. Sesitsky E. P. Problems of legal protection of results created by artificial intelligence systems. – Moscow: Yurayt, 2018. – P. 17. – Direct text
4. Izyumov I.V. Philosophical and legal analysis of legislation on the protection of intellectual rights in information and telecommunication networks // In the collection: Information and graphic technologies in professional and scientific activities. collection of articles of the IV International Scientific and Practical Conference. – Tyumen, 2021. – pp. 275-277. – Text: direct.
CIVIL LAW
KALYATIN Vitaliy Olegovich
Ph.D. in Law, associate professor, professor of the S. S. Alekseev Research Center for Private Law under the President of the Russian Federation, associate professor of the Department of Law of Digital Technologies and Biolaw of the Faculty of Law of the National Research University “Higher School of Economics»
MODIFICATION OF SOFTWARE AND DATABASES: CONFLICT SITUATIONS AND WAYS TO RESOLVE THEM
Modification of works always raises a lot of questions. However, in connection with software and databases they become much more difficult. This is due to the specific nature of these objects and the conditions of their use. This article is devoted to the most important practical issues of modification of these objects. It examines the reasons for the development of certain conflict situations, possible ways to resolve them, and indicates the most important judicial practice.
Keywords: intellectual property, copyright, software, databases, exclusive rights, modification, moral rights, right to integrity, adaptation.
Bibliographic list of articles
1. Commentary on the Civil Code of the Russian Federation, part four (article-by-article), rep. ed. L. A. Trakhtengerts. – M.: INFRA-M, 2017.
2. Gavrilov E. P., Gorodov O. A., Grishaev S. P. and others. Commentary on the Civil Code of the Russian Federation (article-by-article). Part four. – M.: Prospekt, 2007.
3. Kalyatin V. O., Korneev V. A., Pavlova E. A. and others. Intellectual rights. Textbook. Under the general editorship of E.A. Pavlova. – M.: Statute, 2023.
4. Smirnova E. Yu., Sergo A. G. Free software in the registry of Russian programs // IS. Copyright and related rights. – 2020. – No. 1, cited. according to SPS “ConsultantPlus”.
CIVIL LAW
KOLESNIKOVA Marianna Mikhaylovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
MAKSIMOVA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Social and economicsomic sciences sub-faculty of the St. Petersburg University of Civil Aviation, St. Petersburg
MISHINA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the St. Petersburg branch of the V. B. Bobkov Russian Customs Academy, St. Petersburg
SACHENKO Alexey Leonidovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
ELECTRONIC FORM OF TRANSACTIONS AND SMART CONTRACT: SPECIFICS OF CIVIL LAW REGULATION AND APPLICATION IN CONTRACT PRACTICE
The article attempts a comprehensive analysis of the legal essence, specifics of civil law regulation and features of the use of electronic agreements and smart contracts in Russian legal reality. The relationship between the analyzed categories is examined in detail through their conceptual description based on existing approaches to the legal nature and critical understanding of the available legal material, the contractual legal nature of the smart contract and its relationship with related legal institutions are analyzed. The team of authors comes to the conclusion that new technological solutions, which have been actively used recently in domestic legal practice, are relevant and especially in demand in the process of forming a modern digital economy in the Russian Federation. However, significant gaps in the legislation, ambiguous and controversial law enforcement practice indicate the need for maximum detail of the legal phenomena analyzed in the designated area.
Keywords: agreement, smart contract, digital rights, electronic form of transaction, obligation, civil turnover.
Bibliographic list of articles
1. Zainutdinova E. V. Smart contract in civil law: dis. …cand. legal Sciences: 12.00.03. – Krasnoyarsk: SFU, 2022.
2. Vashkevich A. M. Smart contracts: what, why and how. – M.: Simpler, 2018.
3. Lukoyanov N.V. Legal tech: smart contracts through the prism of modern private law // Legal research. – 2018. – No. 7. – P. 56-63.
4. Yankovsky R. M. Problems of legal regulation of decentralized systems using the example of blockchain and smart contract // State Service. – 2018. – T. 20. No. 2. – P. 64-68.
CIVIL LAW
MASHKOVA Alexandra Dmitrievna
assistant of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
NIKOLAENKO Elizaveta Dmitrievna
assistant of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
TAGANTSEVA Valentina Sergeevna
assistant of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
DIGITAL RUBLE: FEATURES OF THEORETICAL UNDERSTANDING AS A DIGITAL FORM OF THE RUSSIAN NATIONAL CURRENCY AND DETERMINING ITS PLACE IN THE SYSTEM OF OBJECTS OF CIVIL RIGHTS
Digitalization has a significant impact on all aspects of human life, including the financial system of the state. One of the key areas of digitalization at present is the introduction of digital currencies. The relevance of this study is determined by the fact that digital currencies have been outside the legal framework of the Russian Federation for a long time, but the possibility of their introduction into the country’s financial system opens up new opportunities for the state and citizens. In the Russian Federation, the introduction of the digital ruble into circulation was accompanied by public discussions and the development of various concepts by the Central Bank of the Russian Federation, which formed the basis of the adopted amendments, which, unfortunately, did not resolve all the controversial issues.
Materials and methods. The scientific article is based on the analysis of doctrinal approaches and a number of normative legal acts, first of all, the amendments to the Civil Code of the Russian Federation concerning the consolidation of the digital ruble as objects of civil rights and their correlation with the norms of the Law on Digital Financial Assets are under investigation. The present study is interdisciplinary in nature, since the uncertainty of the legal nature and essence of the digital ruble determines its study through the prism of private and public law.
Analysis. The analysis carried out in the article indicates insufficient theoretical elaboration of the introduction of the digital ruble into civil circulation, the presence of gaps in legislation and contradictions between the norms regulating similar legal relations.
Results. Currently, despite the fact that amendments have been made to the Civil Code of the Russian Federation that have fixed the digital ruble as one of the objects of civil rights, the issues of its relationship with digital rights, as well as the place of the digital ruble in the legislation on digital financial assets, are still debateable. In order to resolve these problems, it is necessary to bring the rules on digital rights, digital financial assets and the digital ruble to consistency, defining the boundaries of these concepts within the framework of civil and financial legislation.
Keywords: digitalization, digital ruble, money, digital rights, digital financial assets, non-cash funds, objects of civil rights.
Bibliographic list of articles
1. Babushkina A.V. Legal regulation of the monetary system of the Russian Federation // Materials of the international (correspondence) scientific-practical conference. – 2016. – P. 68.
2. Vasilevskaya L. Yu. Digital ruble: a civil expert’s view of the problem // Lex Russica. – 2023. – No. 1. – P. 10.
3. Gabov A. V. Digital ruble of the central bank as an object of civil rights // Current problems of Russian law. – 2021. – No. 4 (125). – P. 60.
4. Zakirov R. Yu., Kulmyakov N. S. Digital rights as objects of civil rights // Legal Bulletin of the Dagestan State University. – 2022. – No. 4. – P. 80.
5. Saadulaeva T. A., Shlyakhtina I. A. Digital ruble as a mechanism for ensuring the financial security of the state // Economics and business: theory and practice. – 2022. – No. 6-2. – P. 136.
6. Smirnov D. A., Pervyshov E. A. On the concept of digital financial assets in the context of modern realities: financial and legal aspects // Humanitarian and legal studies. – 2022. – No. 4. – P. 639.
CIVIL LAW
SEFIKURBANOVA Radmila Mallakurbanovna
magister student of the 2nd course of the Institute of Law of the Dagestan State University, Makhachkala
GAYBATOVA Kurum Davudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE PROBLEM OF PROTECTING THE RIGHTS OF “CITIZEN INVESTORS” IN THE BANKRUPTCY OF DEVELOPERS
The article examines the problem of insecurity of the rights of participants in shared-equity construction – “citizen investors” who, in the conditions of bankruptcy of the developer cannot get satisfaction of their claims in the same queue with “citizen consumers” . The criteria for determining the investment goals of participants in shared-equity construction are not clearly defined in legislation and in judicial practice. The article concludes that the protection of citizens’ rights should be the same, regardless of the purpose of their participation in shared-equity construction relations, until the legislator develops specific rules on the current problem.
Keywords: shared-equity construction, participant in shared-equity construction, citizen investors, bankruptcy, developer, investment goals, register of requirements of construction participants.
Bibliographic list of articles
1. Savina E. S. Parties to the agreement for participation in shared construction // Goals and ways of sustainable economic development: Collection of scientific articles based on the materials of the VII International Scientific and Practical Conference. – Ufa, 2022. – pp. 31-35.
2. Obukhova A. V. Limits of protection of the rights of a participant in shared construction as an investor // Bulletin of Science. – 2022. – No. 12. – P. 180-184.
3. Molodyko K. Yu., Travin G. D. Frontiers of consumer recognition of a retail investor // Law. – 2023. – T. 2. No. 10 (67). – pp. 84-94.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
CURRENT ASPECTS OF INVALIDATION OF THE TRANSACTION IN THE CASE OF THE DIVISION OF JOINTLY ACQUIRED PROPERTY OF SPOUSES
The issues of dividing jointly acquired property are quite relevant and difficult at the present time. The complexity of this procedure lies in the fact that spouses (former spouses) often cannot choose civilized and equal methods of such division. Misunderstanding or unwillingness to accept the equal division of assets and liabilities belonging to spouses leads to litigation. The judicial procedure for considering disputes regarding the division of jointly acquired property often affects the interests of third parties, namely, bona fide purchasers of property that was jointly owned by the spouses at the time of its alienation. In this article we will focus on the protection of bona fide purchasers who entered into a transaction to acquire real estate without the consent of one of the spouses.
Keywords: spouses, joint property, division of jointly acquired property, bona fide purchaser, real estate.
Bibliographic list of articles
1. Dadayan E. V., Storozheva A. N. Conscientious ownership of a land plot as one of the conditions for recognition of ownership of a land plot due to acquisitive prescription // Current problems of private law and public law relations in the field of rational use and environmental protection environment. Materials of the regional (interuniversity) scientific and practical conference. – Krasnoyarsk, 2023. – pp. 58-61.
CIVIL LAW
CHERDAKOVA Larisa Anatoljevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
PROTECTION OF NON-PROPERTY RIGHTS OF CITIZENS IN THE CONTEXT OF ANALYZING THE POSITION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION
The author analyzes the position of the Supreme Court of the Russian Federation on compensation for moral damage. It is concluded that compensation for suffering can be demanded regardless of the duration of their suffering and it is proposed to supplement the list of methods of protecting civil rights with non-material forms of compensation for moral damage in the event of such harm being caused to a citizen, giving him the choice of determining the method of monetary or non-monetary compensation, refuting those who discredit him honor, dignity or business reputation of the information, as well as the rehabilitation of the citizen. The author has established that moral damage itself is intangible, and damage is caused to a legally protected personal non-property (property right) benefit, which is absolute in nature. Compensation for moral damage itself is considered as a way of protecting the non-property rights of citizens, is provided for by law and is of a property nature, but the amounts to be paid cannot be considered the material equivalent of the physical and moral suffering of a citizen.
Keywords: compensation, non-property rights, moral harm, physical and moral suffering, judicial practice, protection of citizens’ rights.
Bibliographic list of articles
1. Ruling of the Supreme Court of the Russian Federation of October 11, 2021 No. 5-KG21-94-K2 // Garant. [Electronic resource]: legal reference system
2. Ruling of the Supreme Court of the Russian Federation of September 18, 2023 No. 18-KG23-119-K4 // Garant. [Electronic resource]: legal reference system
3. On the practice of courts’ application of norms on compensation for moral damage: Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 15, 2022 No. 33 // Garant. [Electronic resource]: legal reference system
4. Shevchuk E. P. On the issue of distribution of presumptions in obligations for compensation of harm in the Russian Federation // Law and Law. – 2023. – No. 12. – P. 154-157
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
PATIENT’S RIGHTS UNDER A CONTRACT FOR THE REIMBURSABLE PROVISION OF MEDICAL SERVICES IN A PLASTIC SURGERY CLINIC
In Russia, legal guarantees for patients have been formed over a long period of time and are now integrated into the system of social relations in the context of the provision of medical services. The fundamental regulatory documents defining patients’ rights are the Federal Law “On the Fundamentals of Public Health Protection in the Russian Federation” of 11/21/2011 No. 323-FZ, as well as other legislative and subordinate regulations, including elements of civil law. In the era of active progress in the medical sphere, the role of legal norms in the context of medical care is increasing. Accordingly, the relevance of this study is due to the urgent need for a detailed and comprehensive analysis of the legal aspects of activities in the field of plastic surgery with a focus on the protection of patients’ interests, where the concretized relations between the medical institution and the patient cause the need for precise legal regulation.
Keywords: patient rights, contract for the provision of paid services, plastic surgery, medical ethics, confidentiality, information agreement, legal responsibility, quality of medical services, compensation, judicial practice.
References
1. Galkin A. Yu. Sushchestvennye usloviya dogovora na okazanie platnyh medicinskih uslug // Al’manah sovremennoj nauki i obrazovaniya. 2014. No. 2 (81).
2. ZHamkova O. E. Pravovoe regulirovanie okazaniya medicinskih uslug po zakonodatel’stvu Rossijskoj Federacii: Dis. … kand. jurid. nauk. M., 2007.
3. Zvezdina Yu. A. Grazhdansko-pravovaya otvetstvennost’ za prichinenie vreda pri okazanii medicinskih uslug: Avtoref. dis. … kand. jurid. nauk. SPb., 2001.
4. Kovalevskij M. A. Pravovye problemy okazaniya platnoj medicinskoj pomoshchi // Kodeks-SHo. 2002. No. 9.
5. Salygina E. S. Dogovornoe regulirovanie otnoshenij v sfere okazaniya vozmezdnyh medicinskih uslug. Ekaterinburg, 2016.
6. Sirotkina A. A. Dogovor okazaniya medicinskih uslug. M.: Statut, 2004.
7. Sokolova N. A. Problemy primeneniya mekhanizma zashchity prav potrebitelej pri okazanii medicinskih uslug v sisteme obyazatel’nogo medicinskogo insurance // Vestnik Omskoj yuridicheskoj akademii. 2013. No. 1 (20).
8. Tihomirov A. V. Medicinskaya pomoshch’ vne predelov medicinskoj uslugi // Glavnyj vrach: hozyajstvo i pravo. 2005. No. 1.
9. Tihomirov A. V. Problemy pravovoj kvalifikacii vreda zdorov’yu pri okazanii medicinskih uslug: Avtoref. dis. … kand. jurid. nauk. M., 2008.
10. SHablova E. G. Grazhdansko-pravovoe regulirovanie otnoshenij vozmezdnogo okazaniya uslug: Avtoref. dis. … d-ra yurid. nauk Ekaterinburg. 2002.
11. SHevchuk E. P. Elementy obyazatel’stva po vozmeshcheniyu vreda, prichinennogo zdorov’yu pri okazanii medicinskih uslug // Sibirskij yuridicheskij vestnik. 2015. No. 4 (71).
12. SHepeleva D. A. Harakteristika nedostatka predostavleniya po dogovoru vozmezdnogo okazaniya medicinskih uslug // Servis v Rossii i za rubezhom. 2012. No. 11.
CIVIL LAW
KRIVITSKAYA Yuliya Stanislavovna
assistant of Theory and history of state and law sub-faculty, postgraduate student of Civil law sub-faculty of the Rostov State University of Economics (RINE)
INTELLECTUAL PROPERTY RIGHTS IN MODERN RUSSIA
The category of “intellectual property rights” is quite new and complex for Russian law, despite the fact that the definition itself is actively used. The article examines the concept and essence of intellectual property rights in Russia. The relevance of analytical work in relation to the rules of regulation and regulation of intellectual property rights, which is one of the needs of modern man, is determined. Some problems present in modern Russia are highlighted and ways to improve civil legislation in this area are proposed. The results of the study can be very useful for legal practice.
Keywords: intellectual property rights, authorship, copyright, civil legislation, law, society, civil society, intellectual works, ways to protect rights.
Bibliographic list of articles
1. Vorobyova S. B., Khrenova L. A., Lyashko V. G. Modern problems of protecting intellectual property rights in Russia // Bulletin of the Tula Branch of the Financial University. – 2023. – No. 1. – P. 414-416.
2. Dolotov R. O. The mechanism of criminal legal regulation in the sphere of criminal attacks onIntellectual property projects: abstract of thesis. … candidate of legal sciences. – Saratov, 2019.
3. Logozinskaya A. M., Kovalenko E. V. Problems of protecting intellectual property rights in modern Russia // Theoretical and practical aspects of scientific research. – 2019. – pp. 376-379.
4. Tereshchenko B. L. Prevention of crimes encroaching on intellectual property: dissertation. …cand. legal Sci. – M., 2020.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
THE OBLIGATIONS OF THE PATIENT UNDER THE CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE PLASTIC SURGERY CLINIC
The article describes the contract for the provision of paid services – its content, subject, its main elements. The content of the client’s obligations under the contract for the provision of plastic surgery services is under investigation. It was revealed that the specifics of the contract under study is the client’s obligation to inform the contractor and the attending physician about the transferred or existing diseases. Another feature of the contract under study is the client’s obligation to certify in writing his voluntary consent to medical intervention. It is suggested that it is more reasonable to obtain consent from the client at the time of registration at the clinic, when the risks and benefits of plastic surgery are explained by the doctor. It is noted that causing harm to health during plastic surgery not on the instructions of a doctor will not be an insured event, and it will not be possible to claim compensation.
Keywords: plastic surgery, contract, services, operation, client, patient, clinic, consent.
Bibliographic list of articles
1. Golovin E. P. Medical service as the subject of an agreement for the provision of paid medical services // Current problems of jurisprudence. 2016. No. 1. P. 20-24.
List of literature
1. Golovin E. P. Medical service as the subject of the contract of rendering paid medical services // Actual problems of jurisprudence. 2016. No. 1. Pp. 20-24.
CIVIL LAW
WANG LU
postgraduate student of the Patrice Lumumba People’s Friendship University of Russia
FEATURES OF STATE PROTECTION OF CHILDREN LEFT WITHOUT PARENTAL CARE IN CHINA
The issues of protection of children left without parental care are very relevant in many countries of the world, and the People’s Republic of China is no exception. This is due to the fact that children left without parental care are the most vulnerable group of the population.
The People’s Republic of China is one of the few States with a developed legal system where children’s rights are severely restricted. Children in China cannot leave home unaccompanied by adults, they are not allowed to work in certain positions, children are thus forbidden to have their own bank accounts and are not allowed to go to school without the presence of an adult. Despite the fact that the People’s Republic of China is considered to be a State that does not take care of children and a State where children are objects of slave labor, in fact, the People’s Republic of China implements a relatively modern approach to the normative legal regulation of children’s rights and State protection of children left without parental care.
At the same time, children left without parental care in the People’s Republic of China are subjects and direct benefit of guardianship duties, which, in turn, is not only the responsibility of the state, but also a direct legally established obligation of Chinese society. This means that the protection of children and the care of children in the People’s Republic of China should be provided not only by the family or relatives, but by the State, whose actions in relation to children are clearly outlined by the legal framework.
Keywords: child protection, guardianship, state protection, children’s rights, civil affairs departments.
Bibliographic list of articles
1. Grishchenko Z. D. Legal position of the Chinese People’s Republic in the field of protecting the rights of the child // Ocean Management. – 2024. – No. 1. – P. 69-72.
2. Ovsyannikova T. A., Firsova I. A. Basic elements of the justice system for minors in China // MNIZH. – 2021. – No. 10-2 (112). – pp. 176-178.
3. Fisher K. R., Cortis N., Shang X., Blaxland M. Chinese and Australian Neoliberal Policy Responses to Risks in Social Service Purchasing // Social Policy and Society. – 2023. – Рp. 1-16.
4. Shang X., Katz I. Awareness of Child Maltreatment among Professionals in Shanghai // Asian Social Work and Policy Review. – 2015. – No. 9. – Рp. 245-256. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1111/aswp.12062.
5. China’s Family Education Promotion Law. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (date of access: 02/07/2024).
6. China’s Law on the Protection of Minors. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (date of access: 02/07/2024).
7. Chinese Civil Code: Book V Marriage and Family (2020). – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/civil-code-of-china-part-v-marriage-and-family-20200528?ysclid=lsc08tcbmj387662544 (date of access: 02/07/2024 ).
8. Law of the People’s Republic of China on the Prevention of Juvenile Delinquency of 2021. – [Electronic resource]. – Access mode: https://www.chinalawtranslate.com/en/juvenile-delinquency-law-2021/ (date of access: 02/07/2024).
9. 两高两部的依法处理监护人侵害未成年人权益行为的意见. – [Electronic resource]. – Access mode: https://www.chinalawtranslate.com/guardianship/ (date of access: 02/07/2024).
10. [Electronic resource]. – Access mode: https://www.court.gov.cn/fabu-xiangqing-348601.html (date of access: 02/07/2024).
CIVIL LAW
DYUZHENKOV Nikolay Andreevich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ABOUT THE PROBLEMS OF FORECLOSURE OF THE ONLY RESIDENTIAL PROPERTY IN THE CONTEXT OF A PERSONAL BANKRUPTCY
The article discusses changes in legislation and law enforcement practices in relation to restricting the rights of creditors to prevent on a debtor’s sole residential premises during a bankruptcy case. Current judicial practices regarding the approval of local restructuring plans and settlement agreements within the framework of bankruptcy cases involving citizens are analyzed. Some measures are suggested to improve the process of approving local restructuring plans and settlement agreements, as well as aligning it with the norms of bankruptcy legislation.
Keywords: bankruptcy, insolvency, collateral, single dwelling, executive immunity, settlement agreement, restructuring plan.
Bibliographic list of articles
1. Avtonova E. D., Gvozdeva S. V., Karapetov A. G., Romanova O. I., Sbitnev Yu. V., Trofimov S. V., Fetisova E. M. Review of the legal positions of the Supreme Court of the Russian Federation on private law issues for June 2023 // Bulletin of Economic Justice of the Russian Federation. – 2023. – No. 8. – P. 26.
2. Saifullin R.I. The concept of universal protection of the constitutional right of citizens to housing: a systemic view of the problem through the prism of bankruptcy. Commentary on the Determination of the Judicial Collegium on Economic Disputes of the Supreme Court of the Russian Federation dated August 22, 2022 No. 305-ES22-7163 // Bulletin of Economic Justice of the Russian Federation. – 2022. – No. 12. – P. 8.
3. Bocharnikova K.V. On the broad interpretation of conditions excluding foreclosure on the subject of pledge // Economy and Law. – 2022. – No. 1. – P. 29.
4. Savelyev D. B. Property immunity for a citizen’s only residential premises: ensuring a balance of rights of creditors and debtors // Journal of Russian Law. – 2014. – No. 11. – P. 75.
5. Martasov D. They will not be able to take away their only housing from bankrupt mortgage borrowers // Housing Law. – 2023. – No. 8. – P. 34.
CIVIL LAW
KRITSKIY Artem Dmitrievich
magister student of the Southern Federal University, Rostov-on-Don, junior associate law firm “Grata International”
BOGATYREV Ivan Romanovich
magister student of the Southern Federal University, Rostov-on-Don
ACCOUNT INHERITANCE IN SOCIAL NETWORKS AND COMPUTER GAMES
This work is devoted to the consideration of the possibility of inheritance of accounts in social networks and computer games. The paper will consider two main approaches to the legal nature of the account: as an object of intellectual property law and as a set of rights from the user agreement. The study also analyzes the approaches to inheritance that are offered in the user agreements of the most popular social networks and computer games. Separately, the possibility of inheriting an account by will and individual problems associated with it are analyzed. The purpose of the work is to determine the order of inheritance of accounts in social networks and computer games. Inheritance of accounts is possible in the part in which the account consists of property rights, and in the part in which it consists of personal non-property rights, inheritance does not occur.
Keywords: account, inheritance, will, social network, computer games, intellectual property, complex object, composite work.
Bibliographic list of articles
1. Vasilyeva A. A. Transformation of law in the digital era: monograph // Altai State University. Barnaul, 2020. 432 pp.
2. Gushchin V.V., Dobrovinskaya A.V. User agreement on the Internet // Bulletin of the Academy of Intellectual Property. 2021. No. 3. P. 90-98.
3. Kotenko E. S. Multimedia product as an object of copyright: abstract. dis. …cand. legal Sciences / Moscow State Law Academy named after. O. E. Kutafina. M., 2012. 26 p.
4. Kirsanova E. E. Account as an object of civil rights // Bulletin of Arbitration Practice. 2020. No. 2. P. 44-48.
5. Panarina M. M. Inheritance of an account in social networks and issues of digital inheritance: legal research // Inheritance law. 2018. No. 3. P. 27-28.
6. Shagalova E. N. The newest explanatory dictionary of the Russian language of the 21st century: approx. 1,500 words // AST. Moscow. 2011. 768 p.
7. Kirillova E. A., Pavlyuk A. V., Blinkov O. E., Blinkova E. V., Sidorenko E. L. Digital Inheritance of Social Media Accounts // International Journal of Engineering and Advanced Technology (IJEAT) ISSN: 2249 – 8958. – Volume-8 Issue-4. 2019. P. 963-967.
CIVIL LAW
SELIMOVA Elizaveta Ramidinovna
magister student of the 2nd year of study full-time education of the Training profile: “Problems of civil and arbitration procedural law” of Civil process sub-faculty of the Dagestan State University, Makhachkala
ACTUAL PROBLEMS OF THE LEGAL STATUS OF PERSONS INVOLVED IN THE CASE IN CIVIL AND ARBITRATION PROCEEDINGS
This article examines one of the main issues of the civil procedure, the legal status of the participants in the trial. The issues of the concept of persons involved in the case and their legal status were raised. A comparative description of the participants in the judicial process in various civil law processes is given, and possible changes that can be made to the Civil Procedure Code and the Arbitration Procedure Code are proposed. The purpose of the work: to identify existing problems of the legal status of participants in civil and arbitration proceedings; to find out what problems exist in the Law on Civil and Arbitration Proceedings.
Keywords: legal status, persons involved in the case, parties, third parties, recoverer, debtor, judicial representative.
Bibliographic list of articles
1. Artebyakina N. A. Theoretical and practical problems of the institution of persons involved in the case: dis. …cand. legal Sci. – Saratov, 2020. – P. 182.
2. Diordieva O. N. Civil procedural law. – M.: Publishing house. EAOI Center, 2018. – P. 284.
3. Opalich E. V. Problems of specifying the status of individual participants in civil procedural legal relations // Arbitration and civil process. – 2020. – No. 6. – pp. 11-14.
4. Afanasyev S. A., Baulin O. V., Luktyanova I. N., etc. Course of evidence law: Civil process. Arbitration process. Administrative proceedings / Ed. M. A. Fokina. 2nd ed., revised. and additional – M.: Statute, 2019. – P. 142.
5. Dedyueva M.V. Controversial issues of judicial practice of consideration by the appellate instance of civil cases according to the rules of proceedings in the court of first instance // Russian Judge. – 2019. – No. 6. – P. 27.
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice, professor of Civil process sub-faculty of the Saratov State Law Academy
KOLOBYNINA Ekaterina Alexeevna
student of the Faculty of Training Specialists for the Judicial System of the Faculty of Law of the Kazan branch of the Russian State University of Justice
THE USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN CONTRACT PRODUCTION AS THE FIRST STAGE OF ITS IMPLEMENTATION IN THE CIVIL PROCESS
In the article, the authors analyze the problem of the introduction of artificial intelligence into the civil process. The positive and negative aspects of the phenomenon under study are investigated. The assessment is given to the fact that the introduction of information technologies, despite widespread digitalization, is carried out in the judicial system at an insufficiently rapid pace, because outdated technologies are often used in court proceedings, which complicate the process of protecting and restoring violated rights, which negatively affects the attitude of citizens to the court. However,despite this, many prominent government figures are in no hurry to support the active digitalization of judicial activity. It is worth noting that among legal scholars and legal practitioners, there are also quite a few opponents of the introduction of artificial intelligence into legal proceedings. This scientific article examines the causes of such resistance, and the authors attempt to show the best way to solve this problem.
Keywords: court, judge, artificial intelligence, writ proceedings, information technology, justices of the peace.
Bibliographic list of articles
1. Bugaevsky A. A. Civil process in its movement with the application of typical cases. – Moscow: Yurayt Publishing House, 2023. – P. 96.
2. Lebedev M. Yu. Civil process: a textbook for universities. — 13th ed., revised. and additional – Moscow: Yurayt Publishing House, 2024. – 438 p.
CIVIL PROCEDURE
TRUNOV Igor Leonidovich
Ph.D. in economic sciences, Ph.D. in Law, professor, Academician of the Russian Academy of Natural Sciences, President of the Union of Lawyers of Russia
DOES THE CURRENT FORM OF PROPERTY SEIZURE COUNTERACT CORRUPTION?
As a result of the accession and implementation of the UN Convention against Corruption of October 31, 2003, a norm appeared providing for a form of liability for violation of anti-corruption legislation in the form of conversion of property to state income ( clause 8, clause 2, Article 235 of the Civil Code of the Russian Federation).
In connection with Article 17 of Federal Law No. 230 “On control over the compliance of expenses of persons holding Public Positions and other persons with their incomes”, it has an anti-corruption purpose and is subject to application in a special procedure of claim proceedings.
The prosecutor received the right to appeal to the court on the basis of paragraph 2 of Article 235 of the Civil Code of the Russian Federation – paragraph 8 with a statement of claim for applying to the income of the Russian Federation property in respect of which, in accordance with the legislation of the Russian Federation on combating corruption, evidence of its acquisition for legitimate income by a court decision is not provided.
Civil lawsuits against individuals and legal entities are multiplying, the result of which is the conversion of property acquired decades ago into state income. The statute of limitations does not apply.
Income received by officials from prohibited business activities, or property hidden from declaration, are qualified as subject to seizure, although this does not follow from the law. The pledge of the seized property is terminated, although there are also no grounds for this in the law.
The article analyzes aspects of the application of the law. In addition, the author proves that challenging an official’s transactions to invalidate them does not follow from the law and does not meet the goals and objectives of anti-corruption legislation.
Keywords: United Nations Convention against Corruption, Federal Law No. 230 “On Control over the Compliance of Expenses of Persons holding Public Office and Other Persons with their Incomes”, officials, Prosecutor General’s Office, confiscation, corruption, invalidity of transactions, termination of collateral, limitation period.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation dated July 4, 2022 No. 22-P.
2. Milchakova O. V. Standards for proving the fact of illegal establishment of control of a foreign investor over a strategic economic company // Russian Competition Law and Economics. 2023. No. 2.
3. [Electronic resource]. – Access mode: Review of judicial practice in cases based on applications from prosecutors regarding the conversion into the income of the Russian Federation of property in respect of which, in accordance with anti-corruption legislation, evidence of its acquisition with legal income, approved by the Presidium of the Supreme Court of the Russian Federation on June 30, 2017, has not been presented.
4. [Electronic resource]. – Access mode: https://legal.report/zakon-ili-proizvol-genprokuratura-zabiraet-zemli-u-sobstvennikov-na-chernomorskom-poberezhe/
5. New News. “Worse than in the 90s. In Sochi, courts continue to confiscate plots of houses from owners.” [Electronic resource]. – Access mode: https://newizv.ru/news/2023-02-28/huzhe-chem-v-90-ye-v-sochi-sudy-prodolzhayut-izymat-u-sobstvennikov-uchastki-s-domami- 398978.
6. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/%D0%9F%D1%80%D0%B8%D0%B2%D0%B0%D1%82%D0%B8%D0%B7%D0 %B0%D1%86%D0%B8%D1%8F_%D0%B2_%D0%A0%D0%BE%D1%81%D1%81%D0%B8%D0%B8.
7. See: [Electronic resource]. – Access mode: https://www.pravda.ru/news/realty/1938156-deprivatizacia/.
8. More details on RBC: [Electronic resource]. – DOS modestupid: https://www.rbc.ru/economics/12/09/2023/65003a0e9a7947552625175b?from=copy.
9. More details on RBC: [Electronic resource]. – Access mode: https://www.rbc.ru/economics/12/09/2023/65003a0e9a7947552625175b?from=copy.
10. Forbes from 11.09. 2023 Forbs – The head of the Ministry of Economic Development called the review of the results of privatization “a path to nowhere.” [Electronic resource]. – Access mode: https://www.forbes.ru/biznes/496235-glava-minekonomrazvitia-nazval-peresmotr-itogov-privatizacii-putem-v-nikuda.
11. President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/news/72259.
12. Determination of the Constitutional Court of the Russian Federation of November 25, 2020 No. 2852-0.
13. See: Resolutions of the Constitutional Court of the Russian Federation dated June 22, 2010 No. 14-P, dated July 13, 2010 No. 16-P, etc.
14. See: Resolutions of the Constitutional Court of the Russian Federation dated July 16, 2008 No. 9-P, dated May 14, 2012 No. 11-P; Determination of the Constitutional Court of the Russian Federation dated May 14, 2015 No. 1127-0, etc.
15. See: Decision of the Sovetsky District Court of Vladivostok dated 03/06/2020 in case No. 2-292/2020.
16. See: Determination of the Constitutional Court of the Russian Federation dated December 19, 2019 No. 3559-0.
17. See: Definitions of the Constitutional Court of the Russian Federation dated April 8, 2010 No. 456-0-0, dated November 21, 2013 No. 1756-0, dated March 20, 2014 No. 534-0, dated March 29, 2016 No. 516-0, dated September 29, 2016 No. 2071-0, dated October 25, 2016 No. 2309-0, etc.
18. Joint resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22 p. 57.
19. “Agrostopping” Kommersant 08/02/23. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6147979.
20. See: Decision of the Labinsky City Court of the Krasnodar Territory dated October 23, 2023 No. 2-987/2023.
21. See: Determination of the Constitutional Court of the Russian Federation of June 6, 2017 No. 1163-O.
22. Decision of the Nizhny Novgorod District Court of Nizhny Novgorod dated November 25, 2019 No. 2-9507/2019.
23. See: Consultant Plus Article: Sklovsky K.I. Application of legislation on the conversion into state income of property received as a result of violation of anti-corruption legislation // Bulletin of Economic Justice of the Russian Federation. 2021. No. 11.
24. See: Website, system for supporting legislative activities. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/726111-6.
25. See: Arbitration Court of St. Petersburg and Leningrad Region Case dated September 15, 2023 No. A56-74979/2023.
26. See: Rossiyskaya Gazeta dated 04/26/2022. [Electronic resource]. – Access mode: https://rg.ru/2022/04/26/krasnov-vozmeshchenie-ushcherba-ot-korrupcii-vpervye-prevysilo-sam-ushcherb.html.
27. Kommersant from 09.12.2023 “Oreshkin criticized the transfer of private assets in the regions under the management of officials from Moscow.”
CIVIL PROCEDURE
ARSLANKHANOVA Aminat Irbaihanovna
magister student of the 2nd year of the full-time study, training profile: “Problems of civil and arbitration procedural law” of Civil process sub-faculty of the Dagestan State University, Makhachkala
GROUNDS FOR REVOCATION OR AMENDMENT OF THE DECISION (RULING) OF THE COURT OF FIRST INSTANCE
The article is devoted to the grounds for the cancellation of court decisions in the appellate instance. The relevance of the research topic is due to the fact that the institution of grounds for the cancellation of judicial acts is poorly developed in the doctrine of the civil process, although it is of very important practical importance for the protection of human and civil rights and freedoms. In this regard, in order to increase knowledge about the grounds for the cancellation of judicial acts in the appellate instance, as well as to improve law enforcement practice.
Keywords: civil law relations, civil procedure, arbitration process, procedural law, court of appeal, appeal proceedings, complaint.
Bibliographic list of articles
1. Gnetova D.V., Trofimov, Ya.V. Comparative analysis of appeal proceedings in civil and arbitration processes // Legal fact. – 2019. – No. 79.
2. Deryabina A. S. Comparison of the institution of appeal proceedings in the arbitration and civil procedural codes // Questions of science and education. – 2018. – No. 15 (27).
3. Zhilka E. V. Comparison of appeal proceedings in civil and arbitration processes // Eurasian Union of Scientists. Series: Economic and legal sciences. – 2022. – No. 5 (98).
4. Terekhova L. A. The system of reviewing judicial acts in the mechanism of judicial protection. – Moscow: Wolters Kluwer, 2017. – P. 197.
5. Lebed K. A. Grounds for the abolition of illegal court decisions // Socio-political sciences. – 2020. – T. 10. No. 3. – P. 144.
CIVIL PROCEDURE
PESTOVA Kseniya Alexeevna
postgraduate student of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
THE HISTORY OF THE TRANSFORMATION OF THE PRINCIPLE OF PUBLICITY OF THE CIVIL PROCESS
In the study, the author examines the transformation of the principle of publicity over three periods of Russian history. As a result of the analysis, it was possible to identify trends of two kinds. On the one hand, over time, including taking into account the introduction of elements of electronic justice, the principle of publicity is subject to limitations and concretization. On the other hand, there are additional guarantees for the implementation of the principle of publicity of the process. The author comes to the conclusion that further research is necessary in order to ensure a reasonable balance between the protection of personal rights of citizens and compliance with the principle of publicity of civil proceedings.
Keywords: publicity, publicity of the process, principles of civil procedure, transformation of publicity, digitalization.
Bibliographic list of articles
1. Abrosimova E. B. Judicial power in the Russian Federation: system and principles. – Moscow: Institute of Law and Public. Politicians, 2002. – 144 pp.
2. Vaskovsky E.V. Course in civil procedure. Subjects and objects of the process, procedural relations and actions. – M.: Statute, 2016. – 624 p.
3. Gessen I.V. Judicial reform. – St. Petersburg: P. P. Gershunin’s publishing house, 1905. – 267 pp.
4. Goykhbarg A.G. Course of civil procedure. – Moscow, Leningrad: State. publishing house, 1928. – 320 pp.
5. Dzhanshiev G. A. Fundamentals of judicial reform: (To the 25th anniversary of the new court): Historical legal. sketches. – Moscow: type. M. P. Shchepkina, 1891. – 364 p.
6. Kazikhanova S.S. Web conference as a modern model of interaction between the court and participants in the process: shortcomings of legal regulation and prospects for use // Bulletin of the University. Kutafina (MSAL). – 2023. – No. 10. – P. 79-87.
7. Kleinman A.F. Civil process. – Moscow: Yurizdat, 1940. – 120 pp.
8. Magomedova K.K. The problem of transparency in civil procedural science and practice: dis. …cand. legal Sci. – Saratov, 2019. – 276 p.
9. Mikhailov M. M. History of the formation and development of the system of Russian civil proceedings before the Code of 1649: Works, written. to obtain a degree. master’s degree in citizenship. rights for correcting the position of adjunct prof., candidate. M. Mikhailov is right. – St. Petersburg type. K. Kraya, 1848. – 134 pp.
10. Nefediev E. A. Textbook of civil proceedings. – M., 1908.
11. Oks M.A. On publicity or openness of the court // Tr. Odessa legal islands – 1891. – T. 4. – P. 19-44.
12. Rusakova E. P., Zaitsev V. V. Digitalization through the principles of legal proceedings (in civil and arbitration proceedings) // Problems of economics and legal practice. – 2022. – T. 18. No. 4. – P. 105-109.
13. Totyev K. Yu. Public interest in legal doctrine and legislation // State and law. – 2002. – No. 9. – P. 19-25.
14. Chechina N. A. Selected works on civil procedure. – St. Petersburg: St. Petersburg Publishing House. University, 2021. – 656 p.
15. Engelman I. E. Course of Russian civil proceedings. – Yuryev: type. K. Matthiesen, 1912. – 632 pp.
CIVIL PROCEDURE
RYAZANTSEV Mikhail Yurjevich
postgraduate student of the Moscow University of Finance and Law
COMPATIBILITY OF ARBITRATION AGREEMENTS UNDER THE ICC ARBITRATION RULES
The article examines the approach of the Arbitration Rules of the International Chamber of Commerce (ICC) to the definition of compatible arbitration agreements. Compatibility of arbitration agreements determines the possibility of consideration of disputes from several contracts in one proceeding. Under the ICC Arbitration Rules, the compatibility of arbitration clauses is assessed by the ICC Court. Understanding which arbitration clauses are compatible can have a significant procedural impact on the case. The article will allow the parties to decide whether to initiate separate or consolidated arbitration proceedings.
Keywords: arbitration, consolidation, compatible arbitration agreements.
Bibliographic list of articles
1. Born GB, International Commercial Arbitration (3rd edn, Kluwer 2021).
2. International Chamber of Commerce, Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration Under the ICC Rules of Arbitration (2021).
3. Mazza F and others, The Secretariat’s Guide to ICC Arbitration (ICC, Paris 2012).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty employee of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
TSAREVA Ekaterina Dmitrievna
magister student of the direction of training 40.04.01 “Jurisprudence”, focus of training “Legal support and business protection” of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
FEATURES OF CHALLENGING THE MARRIAGE CONTRACT OF THE SPOUSES IN THE BANKRUPTCY PROCEDURE
The article is devoted to the study of the institution of a marriage contract in the bankruptcy procedure of a citizen. One of the main issues explored in this article is the challenge of a prenuptial agreement as a transaction. Recognition of the agreement as invalid may lead to a change in its terms or complete cancellation. In bankruptcy proceedings, it is important to balance the interests of the debtor, creditors and third parties. By concluding a prenuptial agreement, the property rights of creditors can often be violated, since in most cases the debtor’s unscrupulous behavior can be traced. By studying court decisions, the authors came to the conclusion that in most cases contracts were concluded before the bankruptcy process can be challenged.
Keywords: division of property between spouses, the legal regime of property relations between spouses, agreement on the division of property of spouses, insolvency, contesting transactions, assets in the framework of the competitive process.
Bibliographic list of articles
1. Sheremetyeva N.V. On the issue of foreclosure on the property of spouses, the legal regime of which is established by the marriage contract, in bankruptcy disputes // Arbitration and civil process – 2023. – No. 1. – P. 44-48.
2. Kudryavtseva L. V., Tsareva E. D. Legal aspects of the sale of property of spouses during bankruptcy // Law and practice. – 2023. – No. 4. – P. 204-208.
3. Gusev A. O. On some issues of challenging marriage contracts in bankruptcy cases // Arbitration disputes – 2021. – No. 4. – P. 1-15.
FINANCIAL LAW
ANOKHIN Nikita Evgenjevich
postgraduate student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
TO QUESTIONS ON THE LEGAL STATUS OF A FINANCIAL INTELLIGENCE UNIT
The article considers the problem of determining the legal status of the financial intelligence unit as one of the bodies in the system of state authorities. Special emphasis is placed on revealing the following aspects of the legal status: defining the role that the financial intelligence unit will play in implementing the protection of national security and forming a mechanism of financial monitoring in the field of AML/CFT/FPWMD based on this , as well as detailed classification of financial intelligence units by types and the influence of each type on the legal status.
Keywords: financial monitoring, financial monitoring system, AML/CFT/ FPWMD, financial intelligence unit, models of organization of state authorities, autonomy of state authorities.
Bibliographic list of articles
1.Financial IntelligenceUnits (Egmont Group). [Electronic resource]. – Access mode: https://egmontgroup.org/en/content/financial-intelligence-units-fius (access date: 12/21/2023).
2. Control in modern Russia: issues of theory and practice of legal regulation. – M.: Yurlitinform, 2013 – 312 p.
3. P. A. Schott, 2003, Reference Guide to Anti-Money Laundering and Combating the Financing of Terrorism (Washington: World Bank and International Monetary Fund). [Electronic resource]. – Access mode: https://openknowledge.worldbank.org/server/api/core/bitstreams/b135c8cf-9533-5612-bf7a-1ee82859525c/content (access date: 12/21/2023).
4. “Financial Information Processing Group” (CTIF) – Belgian Financial Intelligence Unit. [Electronic resource]. – Access mode: www.ctif-cfi.be (date of access: 12/21/2023).
5. Decree of the Government of the Russian Federation “On approval of the Regulations on the Federal Service for Financial Monitoring” dated June 23, 2004 (Repealed from September 25, 2012 on the basis of Decree of the Government of the Russian Federation dated September 11, 2012 No. 915). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901900961 (date of access: 10/21/2023).
6. Decree of the Government of the Russian Federation “On amendments to certain acts of the Government of the Russian Federation on the activities of the Federal Service for Financial Monitoring” dated October 27, 2007 (Repealed from September 25, 2012 on the basis of Decree of the Government of the Russian Federation dated September 11, 2012 No. 915). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902068686 (access date: 12/21/2023).
7. 40 recommendations of the Financial Action Task Force (FATF). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901934985 (date of access: 12/21/23).
8. Act No. 61 Coll. of February 15, 1996, on Selected Measures against Legitimization of Proceeds from Criminal Activities and on the Amendment of Related Legislation, Article 7, paragraph (2) (Law No. 61 Code of February 15, 1996 on selected measures to prevent legalization of proceeds from crime activities and on introducing amendments and additions to the relevant legislative acts, Article 7, paragraph (2); Legislation of the Czech Republic. [Electronic resource]. – Access mode: https://www.vertic.org/media/National%20Legislation/Czech_Republic /CZ_Act_on_Measures_against_the_Legalisation_of_the_proceeds_of_crime.pdf (accessed 12/21/2023).
9. FinCEN Strategic Plan for the fiscal years 2003–2008. [Electronic resource]. – Access mode: https://www.hsdl.org/c/abstract/?docid=5303 (access date: 12/21/2023).
FINANCIAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North Caucasian branch of the Russian State University of Justice, Krasnodar
FINANCIAL ACTIVITY AS A WAY TO REALIZE THE FINANCIAL-LEGAL STATUS OF SUBJECTS
The article discusses the theoretical and legal foundations of the financial activities of subjects of financial legal relations. The study analyzes the content, forms and specifics of financial activity based on its differentiation into public and private. The article substantiates the direct relationship between the financial and legal status of subjects of public relations, which is expressed in a set of rights, duties, powers, and the content and forms of their financial activities. Public financial activities carried out by the state and municipalities are represented by a more voluminous system of forms due to the presence of powers of the relevant subjects of legal relations. Private financial activity, as a rule, remains outside the scope of scientific interest in the framework of legal research. Meanwhile, the importance of private financial activity in a market economy, the development of entrepreneurship, and ensuring two-way communication between the state and the population is stated.
Keywords: financial law, tax law, financial system, financial activity, public financial activity, private financial activity, financial legal relations, financial-legal status.
Bibliographic list of articles
1. Execution of the federal budget and budgets of the budget system of the Russian Federation for 2022. – M.: Ministry of Finance of the Russian Federation, 2023. – P. 16.
2. Komarova L.V., Farikova E.A. The place of the institution of financial control in the system of Russian law // Eurasian Legal Journal. – 2022. – No. 2 (165). – P. 241.
3. Komarova L. V., Farikova E. A. Legal status of self-employed citizens as subjects of tax legal relations // Legal Bulletin of the Kuban State University. – 2023. – No. 2. – P. 35.
4. Sokolova E. D. O son the relationship of concepts: finance, financial system, financial activity // Selected works of scientific and pedagogical workers of the Department of Legal Regulation of Economic Activities of the Financial University under the Government of the Russian Federation: collection. scientific Art. – M.: Prometheus Publishing House, 2019. – P. 171.
5. Sokolova E. D. Theoretical aspects of legal regulation of financial activities of the state and municipalities: Author’s abstract. dis. … doc. legal Sci. – M., 2008. – P. 14.
6. Spitsyna V. A. Constitutional and legal foundations of financial activity of a constituent entity of the Russian Federation: on the example of the Astrakhan region: Author’s abstract. dis. …cand. legal Sci. – St. Petersburg, 2010. – P. 8.
7. Farikova E. A. Concept and legal forms of financial activity of the state // Eurasian Legal Journal. – 2023. – No. 5 (180). – P. 259.
8. Fedotushkina E. K. On the concept and essence of financial activity in the Russian Federation // Actual problems of law, economics and management: collection. scientific Art. – Saratov: Saratov Source, 2021. – P. 317.
FINANCIAL LAW
KHARIN Alexander Konstantinovich
postgraduate student of Financial law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
ON THE LEGAL FACTORS HINDERING TO COUNTER HYBRID MISMATCH ARRANGEMENTS IN THE RUSSIAN FEDERATION
This article is devoted to the analysis of the main legal factors preventing the use of the institutions of the Tax Code of the Russian Federation to counter hybrid mismatch arrangements. The author proves the vulnerability of the Russian tax system to hybrid mismatch arrangements, the primary cause of which lies straightly in the legal approach of the Russian Federation to the boundaries of tax sovereignty and to the category of tax offence. The article also suggests possible ways of improving the Russian tax legislation that can significantly reduce the risk of intentional use of hybrid mismatch arrangements aimed at minimizing the tax burden.
Keywords: hybrid mismatch arrangements, hybrid structured arrangements, DTT, double taxation treaties, MLI, BEPS, international taxation, international tax law, SAAR, special anti-tax avoidance rules, single international taxation, tax offense.
Bibliographic list of articles
1. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 28, 2008 No. 6272/08 in case No. A40-77926/06 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
2. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 28, 2008 No. 6273/08 in case No. A40-2592/07 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
3. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 10, 2009 No. 9024/08 in case No. A40-5083/07 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
4. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 10, 2009 No. 9821/08 in case No. A40-40440/07 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
5. Decision of the Moscow Arbitration Court dated November 22, 2019 in case A40-118135/19. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card/97387c7a-98a6-4414-a251-d29929f1568a (date of access: 02.26.2024).
6. Tasalov K. A. Legal regulation of counteraction to avoidance of payment of income tax of organizations in the Russian Federation and the European Union: dis. …cand. legal Sciences: 5.1.2. M., 2022. 172 pp.
7. Zaripov V. M. The shine and poverty of symmetrical adjustment // Bulletin of the Financial University. 2012. No. 5. P. 125-127.
8. Zrelov A. Circumstances excluding the guilt of a person in committing a tax offense // Tax Bulletin. 2014. No. 6. P. 6-12.
9. Lipinsky D. A., Musatkina A. A. On the issue of the subjective side of tax offenses // Taxes and taxation. 2017. No. 2. P. 7-19.
TAX LAW
GURYANOV Alexey Vladimirovich
magister student of the Samara State University of Economics
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of the Samara State University of Economics
THE PROS AND CONS OF INTRODUCING DIGITAL TECHNOLOGIES INTO TAX LAW
The article examines the impact of digital technologies on tax law, this topic is becoming increasingly relevant in the context of globalization and digitalization. The author analyzes the positive and negative aspects of this influence, pointing to an increase in the efficiency of tax systems and a decrease in corruption due to the automation of processes. However, the use of digital technologies also causes problems related to data security and confidentiality, the need to adapt legislation and unequal access to technology. An important challenge is also the risk of abuse of technology by tax authorities, which requires a balance between the interests of the state and the rights of cityzens.
Keywords: digitalization, globalization, tax law, digital technologies, electronic transactions, artificial intelligence, big data, document management, data security.
Bibliographic list of articles
1. Mayburov I. A. Taxes in the digital economy. Theory and methodology: monograph for undergraduates. – M.: UNITY-DANA, 2019. – 279 pp.
2. Aliev B. Kh., Musaeva Kh. M. Taxes and the tax system of the Russian Federation: a textbook for university students studying in the field of “Economics”. – M.: UNITY-DANA, 2017. – 439 p. — ISBN 978-5-238-02491-2. — Text: electronic. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1028670 (date of access: 09/19/2020).
3. Albekov A.U., Vazarkhanov I.S., Kuznetsov N.G. Tax system: textbook. – M.: RIOR: INFRA-M, 2018. – 583 p. + Add. Materials. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/981404 (date of access: 09/19/2020).
4. Alenikov A. S., Mamonova I. V. Digitalization of processes in the field of taxation as a tool for improving the quality of functioning of the Russian tax system // Bulletin of the Academy of Knowledge. – 2019. – No. 34 (5). – pp. 312-315.
5. Chtchyan V.V., Chernousova K.S. Improving the taxation system in the context of digitalization // Economic Sciences. – pp. 159-162.
6. Program “Digital Economy of the Russian Federation” (Approved by order of the Government of the Russian Federation dated July 28, 2017 No. 1632-r. – [Electronic resource]. – Access mode: http://www. consultant.ru/cons/ (date access: 09/20/2020).
7. Paradeeva I. N., Kislova E. G. Development of digitalization of tax administration as an element of reforming the tax system of Russia // Bulletin of MGEI. -2019. – No. 4. – P. 125-130.
8. Digitalization of tax: international perspectives (2019 edition). – [Electronic resource]. – Access mode: https://www.icaew.com/-/media/corporate/files/technical/digital-tax.ashx?la=en.
9. State Taxation Administration of The People’s Republic of China. – [Electronic resource]. – Access mode: http://www.chinatax .gov.cn/eng/n2367721/c2390193/content.html.
10. Bubnova Yu. B., Bubnov V. A. Cryptocurrencies and their influence on the national tax system // Business. Education. Right. – 2018. – No. 4 (45). – pp. 40-45.
11. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 // SZ RF. – 2020. – No. 11.
12. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ (as amended on December 27, 2019) // Collection of Legislation of the Russian Federation. – No. 31.
13. Criminal Code of the Russian Federation: dated 06/13/1996 No. 63-FZ (as amended on 04/07/2020) // Collection of legislation of the Russian Federation. – 06/17/1996. – No. 25. – Art. 2954.
ENTREPRENEURIAL LAW
ARTSYTOV Nikolay Andreevich
master student of the National Research University of Information Technology, Mechanics and Optics (ITMO), St. Petersburg
ABRAMOV Kirill Dmitrievich
master student of the National Research University of Information Technology, Mechanics and Optics (ITMO), St. Petersburg
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
ESG AGENDA AS AN ACTUAL STRATEGY FOR THE DEVELOPMENT OF THE CORPORATE CULTURE OF THE ORGANIZATION
Global development trends continue to strengthen the influence of the public’s focus on the areas of environmental protection and careful use of resources. This direction is expressed in the ESG concept, which provides for environmental stabilization (E-factor, Environmental), social responsibility (S-factor, Social) and effective management (G-factor, Governance). Following this trend for large and medium-sized businesses today has moved from the category of a tribute to fashion into the category of necessity due to the introduction of international requirements for doing business, the provision of non-financial reporting, and the formation of appropriate ratings. The article discusses the possibilities of this agenda’s influence on the concept of the corporate culture of Russian business, the possibility of its influence on modern entrepreneurship, as well as the advantages of using this approach in the business environment.
Keywords: corporate culture, entrepreneurial activity, corporate culture development strategy, ESG agenda, business social responsibility.
Bibliographic list of articles
1. ICMA Harmonized Framework for Impact Reporting. [Electronic resource]. – Access mode: https://www.icmagroup.org/assets/documents/Sustainable-finance/2021-updates/Handbook-Harmonised-Framework-for-Impact-Reporting-June-2021-100621.pdf (access date: 12.01 .2024).
2. World Conservation Strategy: Living Resource Conservation for Sustainable Development. 1980. [Electronic resource]. – Access mode: https://portals.iucn.org/library/efiles/documents/wcs-004.pdf (access date: 01/12/2024).
3. Zhukova E. V. Main trends in the development of the ESG agenda: overview in Russia and in the world // Bulletin of the Russian Economic University named after G. V. Plekhanov. 2021. No. 6. P. 68-82.
4. ESG transformation as a vector of sustainable development: In three volumes. Volume 2 / Under general. ed. K. E. Turbina and I. Yu. Yurgens. M.: Aspect Press Publishing House, 2022. 650 pp.
5. ESG: three letters that change the world [Text]: talk. To the XXIII Yasinsk (April) international. scientific conf. on problems of economic and social development. M., 2022.
6. Odintsova T. M. Problematic aspects of strategizing sustainable development of regions in conditions of sanctions and restrictions // Bulletin of Vitebsk State Technological University. 2021. No. 1 (40). pp. 232-245.
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
ELECTRONIC DOCUMENT FLOW IN HIGH SCHOOL: LEGAL REGULATION
The article is devoted to consideration of issues related to electronic document management in higher educational institutions. The authors give a general description of electronic document management, after which they reveal the features of its use in the practice of universities. Particular attention is paid to practical and legal gaps associated with the actual use and regulatory regulation of the features and procedure for implementing electronic document management in universities. Taking into account the identified practical difficulties and legal problems within the framework of this issue, ways to resolve practical difficulties and directions for improving the current legislation taking into account existing legal gaps are proposed. It seems that the formulated conclusions and proposals can be used for scientific, law enforcement and legislative purposes.
Keywords: electronic document management, electronic document management system, universities, educational institutions, electronic signature, legal basis.
Bibliographic list of articles
1. Abdusalamov R. A. Legal regulation of the use of information technologies in the field of higher education in the Russian Federation // Bulletin of the University named after O. E. Kutafin (MSAL). – 2023. – No. 2 (102). – pp. 34-41. – DOI 10.17803/2311-5998.2023.102.2.034-041. – EDN DHCZJV.
2. Danilov O. E. On the problems of digital transformation of universities / O. E. Danilov // Current problems of science and education in the context of modern challenges: Collection of materials of the XIII International Scientific and Practical Conference, Moscow, August 15, 2022. – Moscow: Printing shop, 2022. – P. 89-93.
3. Izotova V. F. Formation of professional competence in the field of electronic governance technologies // Law, science, education: traditions and prospects: a collection of articles based on the materials of the International scientific and practical conference dedicated to the 85th anniversary of the Saratov State Law Academy (within the framework of the VII Saratov legal readings, Saratov, September 29-30, 2016) / ed. E. V. Vavilina. – Saratov: Publishing house of the Federal State Budgetary Educational Institution of Higher Education “Saratov State Law Academy”, 2016. – P. 177-178.
4. Kozlov E. Yu. The role of electronic document management in the educational process // STUDENTS RESEARCH FORUM 2022: collection of articles of the International Scientific and Practical Conference, Petrozavodsk, June 07, 2022. – Petrozavodsk, 2022. – P. 102-106.
5. Orlov S., Kristalny B. The role of the state in the development of the information society // Information resources of Russia. – 2018. – No. 2. – P. 6-11.
6. Chernov V. N., Chernova T. M. On the need to develop competencies in the use of electronic document management systems among students studying in areas of higher education – bachelor’s degree // Higher education for the 21st century: Digital transformation of society: new opportunities and new challenges: Reports and materials of the XVI International Scientific Conference – Moscow, 2020. – pp. 605-609.
LAND LAW
KARAKOV Vladislav Andreevich
master’s degree student of the Institute of State and Law of the Tyumen State University
MOROZ Narkiza Abrikovna
Ph.D. in philological sciences, associate professor, associate professor of the Center for Foreign Languages and Communication Technologies of the Tyumen State University
LEGALREGULATION OF REAL ESTATE AND CADASTRAL SYSTEMS IN THE RUSSIAN FEDERATION AND ABROAD: COMPARATIVE ANALYSIS
This work presents a comparative analysis of the legal regulation of real estate and cadastral systems in the Russian Federation and abroad. It examines current issues related to the organization and functioning of cadastral systems, as well as the legal aspects of ownership, use and circulation of real estate. Special attention is paid to both domestic regulations and international norms and standards governing this area.
Keywords: real estate, real property, land law, civil law, cadastral registration, comparative analysis, real estate law.
Bibliographic list of articles
1. Nosach S.S. Civil legal regime of real estate in Russia and abroad: comparative analysis // Law and State: Theory and Practice. – 2023. – No. 9 (225). – pp. 295-298.
2. Osmanov O. A. Development rights as property rights: problems of legal regulation // Legal Bulletin of the Dagestan State University. – 2021. – Issue 40. No. 4. – P. 90-94.
3. Semyakina A. V. Property rights to land plots in the Russian Federation and Great Britain: a dogmatic approach against pragmatism // Current problems of Russian law. – 2021. – No. 7 (128). – pp. 179-191.
4. Hogg J. E. Registration of land ownership throughout the empire. A Treatise of the Law Concerning the Security of Title to Land by Registration and Transactions in Registered Land in Australia, New Zealand, Canada, England, Ireland, West Indies, Malaya, etc.: A Continuation of the “Australian Torrens System.” – Toronto: Carswell, 1920. – P. 773.
5. Klyushnichenko V.N., Lebedev N.D., Kaverin N.V. Analysis of foreign and Russian cadastral systems // Interexpo Geo-Siberia. – 2019. – Issue. 3. No. 2. – pp. 107–114.
6. Sokolov V.V., Kuzminova K.A. Comparison of models for maintaining the state real estate cadastre of the Russian Federation and the land cadastre of Germany // International Agricultural Journal. – 2022. – No. 1. – P. 686-696.
ECOLOGICAL LAW
ABANINA Elena Nikolaevna
Ph.D. in Law, professor of Land and environmental law sub-faculty of the Saratov State Law Academy
LEGAL CONDITIONS FOR THE FORMATION AND IMPLEMENTATION OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT OF FORESTRY IN RUSSIA
The article discusses the legal conditions for the development of the Concept of Sustainable Development of Forestry in Russia. Attention is drawn to the formation of a mechanism for monitoring the process of achieving sustainable development goals and the possibility of assessing the prospects for their achievement. The importance of taking into account all components of sustainable development: economic, environmental and social is shown using the example of documents approving the criteria and indicators of sustainable development (control mechanism). The need to supplement the list of indicators with indicators and criteria responsible for social factors of sustainable development is substantiated.
Keywords: sustainable development, forestry, development criteria and indicators.
Bibliographic list of articles
1. Vyphanova G. V. Legal problems of ensuring sustainable development of Russia and its regions // Environmental law. – 2005. – No. 5. – P. 7-10.
2. Olenina T. Yu. Legal aspects of sustainable forest management // Russian justice. – 2016. – No. 1. – P. 25-28.
3. Shupletsova Yu. I. Sustainable forest management (Montreal process) // International legal and national regulation of the environmental sphere of society: Collection of articles / Comp. Yu. S. Shemshuchenko, S. A. Bogolyubov. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2011. – P. 248-258.
ECOLOGICAL LAW
KHAYREDINOV Vadim Alexandrovich
lecturer of Land and environmental law sub-faculty of the Saratov State Law Academy
TRENDS IN THE DEVELOPMENT OF THE INSTITUTION OF LEGAL LIABILITY FOR ENVIRONMENTAL OFFENSES IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT
The article examines trends in the development of the institution of legal liability for environmental offenses, taking into account the goals of sustainable development. The author classified administrative offenses by consequences (the threat of violation of the rights and legitimate interests of present or generations future was taken into account). As a result of the study, the author comes to the conclusion that it is necessary to tighten liability for environmental offenses that lead to the deterioration of the condition of natural objects, taking into account the requirements of sustainable development.
Keywords: legal liability, environmental liability, environmental offenses, sustainable development.
Bibliographic list of articles
1. Petrov V.V. Legal protection of nature. – M.: Moscow. University, 1980.
2. Zrelov A.P. Modern features of bringing to responsibility for non-compliance with the conditions for ensuring free access of citizens to a public water body and its shoreline // Laws of Russia: experience, analysis, practice. – 2017. – No. 11. – P. 69-73.
3. Kachina N.V. Water pollution (Article 250 of the Criminal Code of the Russian Federation): problems of law enforcement and ways of legal solution // Laws of Russia: experience, analysis, practice. – 2012. – No. 8. – P. 64-68.
4. Zvereva A. I. Environmental crimes encroaching on the safety of water bodies: characteristics and differentiation from related torts: monograph / Ed. Yu. V. Grachevoy. – Moscow: Prospekt, 2019. – 200 p.
CRIMINAL LAW
AMIROVA Dilyara Kafilevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia
NABIEV Valeriy Valerjevich
Ph.D. in Law, senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
UMATKULOVA Regina Radikovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
ZIMIN Nikita Vladimirovich
senior specialist of the professional training group of the MIA of Russia in Nefteyugansk, senior lieutenant of police
CONCEPTS AND THEORIES OF RESPONSIBILITY FOR “FAILED COMPLICITY” IN A CRIME
This article examines the key characteristics, the consideration of which is necessary for the complete and correct qualification of a crime in the case of an excess of the perpetrator. The authors consider various concepts of responsibility of accomplices in the commission of a crime (accessory theory, theory of independent responsibility of accomplices). The authors conclude that, in order to correctly qualify what they have done, it is necessary to ensure a uniform interpretation and application of the norms of the articles of the General Part of the Criminal Code of the Russian Federation on complexity, which is possible by improving and supplementing the norms under consideration.
Keywords: excess of the perpetrator, complexity in the crime, complex complexity, accessory theory, theory of independent responsibility, crime, qualification of the crime.
Bibliographic list of articles
1. Gyulbankyan A. A. Complex issues of qualification of excess of the perpetrator of a crime // Asia-Pacific region: economics, politics, law. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/slozhnye-voprosy-kvalifikatsii-ekstsessa-ispolnitelya-prestupleniya (Date of access: 02/11/2024).
2. Klenova T.V., Mnatsakanyan D.L. Current problems of understanding the excess of an accomplice // Legal Bulletin of Samara University. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-ponimaniya-ekstsessa-souchastnika (Date of access: 02/09/2024).
3. Plotnikov A.I. Complicity in a system of crimes characterized by a confluence of criminals // Lex Russica. – 2016. – No. 5 (114). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/souchastie-v-sisteme-prestupleniy-harakterizuyuschihsya-stecheniem-prestupnikov (Date of access: 02/09/2024).
4. Pudovochkin Yu. E. The concept of complicity: experience of theoretical development and normative consolidation // Journal of Russian Law. – 2018. – No. 8 (260). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontseptsiya-souchastiya-opyt-teoreticheskoy-razrabotki-i-normativnogo-zakrepleniya (Date of access: 02/09/2024).
5. Sitnikova A.I. Legislative and textual modeling of the institution of complicity in crime // Lex Russica. – 2016. – No. 2 (111). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zakonodatelno-tekstologicheskoe-modelirovanie-instituta-souchastiya-v-prestuplenii (Date of access: 02/09/2024).
6. Sharapov R. D. Complicity in an unfinished crime and “failed complicity” // Legal science and law enforcement practice. – 2018. – No. 1 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/souchastie-v-neokonchennom-prestuplenii-i-neudavsheesya-souchastie (Date of access: 02/09/2024).
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
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
LEGAL ASPECTS OF ILLEGAL MOVEMENT OF FIREARMS
The article discusses certain aspects of the illegal movement of firearms, their main parts, ammunition (with the exception of civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, limited-kill firearms, their main parts and cartridges for them), which in its content constitutes a complex type of criminal activity. An analysis of the legislation related to the illicit trafficking of firearms is carried out, the author’s definition of the term “movement” is proposed, and its content is disclosed. It is proposed to amend the disposition of Article 222 of the Criminal Code of the Russian Federation by introducing the term “movement”.
Keywords: firearms, responsibility, movement, transportation, jurisdiction.
Bibliographic list of articles
1. Felde G. E. Causes and conditions for the occurrence of crimes related to illegal trafficking of weapons in the Armed Forces of the Russian Federation // Science, technology and education. – 2016. – No. 5 (23).
2. Robak V. A. The concept of illegal weapons trafficking and classification of crimes // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2021. – No. 3-1.
3. Kudashov V.N. On the subject of the crime under Part 1 of Art. 222 of the Criminal Code of the Russian Federation // Problems of economics and legal practice. – 2006. – No. 3-4.
4. Koretsky D. A. Criminal armalogy. – M.: AST: Astrel, 2010. – 446 p.
CRIMINAL LAW
GANIEVA Irada Allahverdievna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TYPES AND METHODS OF FRAUD COMMITTED REMOTELY
The last few decades have been characterized by the fact that the achievements of scientific and technological progress have become an integral part of the life of almost every citizen. With the advent and development of information technologies, the types and methods of criminal activity are being improved. One of them was fraud committed remotely. The appearance of the term “remote fraud” is due to the fact that the perpetrator and the victim do not contact each other and may be at great distances fromeach other. The article discusses the types and methods of fraud committed remotely.
Keywords: fraud, “remote” fraud, cybercrime, crime, information technology.
Bibliographic list of articles
1. Cyber scammers are profiting from the popularity of the video conferencing service Zoom. – [Electronic resource]. – Access mode: https://www.vesti.ru/article/2394389 (date of access: 03/23/2023).
2. Kudryavtsev R.V. Organization of activities to detect remote fraud // Young scientist. – 2019. – No. 24 (262). – pp. 218-221.
3. Morozova E. R. Types of remote fraud, features of their qualification // Current problems of preliminary investigation: Collection of scientific articles of international scientific and practical conferences, St. Petersburg, April 20, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 420-427.
4. Sycheva A. V. Some methods of committing “remote” fraud // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (55). – pp. 167-173.
5. Sycheva A. V. On the issue of current methods of committing “remote” fraud // Current problems of criminal proceedings and criminology: Collection of scientific articles, Mogilev, April 30, 2021. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus”, 2021. – P. 110-113.
6. Yakovleva L. V. Modern methods of committing remote fraud // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (54). – pp. 77-80.
CRIMINAL LAW
EFREMOVA Olga Sergeevna
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Faculty of Law of the St. Petersburg University of the FPS of Russia
ON SOME CURRENT TRENDS IN CRIMES COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES AND THEIR PREVENTION
The scientific article examines some current trends in crime in the field
of information technology, as well as computer information. The official statistical data on these types of crime over the past three years have been analyzed. Based on the analysis of statistical data, qualitative and quantitative indicators of the type of crime under study has been identified. The scientific approaches of criminologists are considered to the concepts of “cybercrime” and “cyberterrorism”. The classification of measures to prevent crimes committed using information and telecommunication technologies is disclosed. The content of the most effective and modern preventive measures has been studied. The analysis of the content of a number of normative legal acts in the field of preventing crimes committed using information and telecommunication technologies, as well as the powers of some state bodies in this area, is carried out.
Keywords: crime, computer crimes, Internet, cybercrime, cyberterrorism, prevention, measures.
Bibliographic list of articles
1. Abaev N. B. New trends in countering cyber terrorism // Eurasian Legal Journal. – 2023. – No. 2 (177). – pp. 374-375.
2. Balashov A. A. Types of cybercrime and their danger. In the collection: Information technology as the basis for effective innovative development. Collection of articles of the International Scientific and Practical Conference. – Ufa, 2024. – pp. 28-31.
3. Evdokimov K. N. Countering computer crime: theory, legislation, practice: abstract of thesis. … Doctor of Law. – Moscow, 2022. – 73 p.
4. Kiselev A. S., Gorbunova K. A. Features of the forensic characteristics of crimes in the field of computer information // Current problems of state and law. – 2023. – T. 7. – No. 3. – P. 370-378. https://doi.org/10.20310/2587-9340-2023-7-3-370-378.
5. Provatkina V. E., Kvasnikova T. V. Modern trends in countering cyberterrorism // International Journal of Humanities and Natural Sciences. – 2023. – No. 7-2 (82). – pp. 226-230.
6. Tuguzbaev G. A. Crimes in the field of information technology and the field of computer information // Security, safety, communications. – 2023. – No. 8-2. – pp. 150-179.
7. Fomenko A. I., Arzumanyan A. A., Sobakareva E. V. On the use of foreign experience in combating cybercrime in Russia // Science and education: economy and economics; entrepreneurship; law and management. – 2024. – No. 1 (164). – pp. 141-143.
8. Shkhagapsoev Z. L. On the role of internal affairs bodies in the prevention of crimes committed using information technologies (IT crimes) // State service and personnel. – 2020. – No. 2. – P. 131-134.
CRIMINAL LAW
ZORINA Elena Andreevna
Ph.D. in Law, associate professor, Head of Labor law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
SHARAPOV Roman Dmitrievich
Ph.D. in Law, professor, professor of Criminal law, criminology and penal enforcement law sub-faculty of the St. Petersburg Law Institute (branch) University of the Prosecutor’s Office of the Russian Federation, professor of Investigative management (Higher Academic courses) sub-faculty of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
VAKHMISTROVA Svetlana Ivanovna
Ph.D. in historical sciences, associate professor, associate professor of Labor law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
DECRIMINALIZATION OF THE DESTRUCTION OR DAMAGE OF PROPERTY DUE TO NEGLIGENCE BY INCREASING THE LARGE SIZE OF THE CRIME: ASSESSMENT OF THE LEGISLATIVE INITIATIVE
In terms of its content, the article is a critical analysis of the preparatory materials to substantiate the initiative to amend the current criminal legislation in terms of raising the threshold for major damage necessary to qualify a crime under Article 168 of the Criminal Code of the Russian Federation. The authors, based on the available materials of the preliminary review of the initiative and their own research, assess possible legislative developments generated by the initiative in question. As a result, sufficient grounds are formed for a rationally constructed and empirically supported conclusion about the need for additional research to make an adequate legislative decision.
Keywords: large amount of damage caused, voluntary insurance of property, destruction or damage of property by negligence, decriminalization, crimes against property, qualifying signs
Bibliographic list of articles
1. Babushkin M. Yu., Nemchenko S. B., Shenshin V. M. On strengthening criminal liability for destruction or damage to property through negligence // Russian investigator. – 2021. – No. 8. – P. 43-47.
2. Eliseev S. A., Chernousova A. V. Controversial issuesdew 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.
3. Esakov G. A. Dimensional signs in the criminal law // Law. – 2020. – No. 6. – P. 108-121.
4. Kravchenko R. M., Romanyuk V. I. Criminal violation of special rules: qualification of “additional” consequences // Criminal law. – 2020. – No. 2. – P. 44-49.
5. Grounds for criminal law prohibition (criminalization and decriminalization) / Rep. ed. V. N. Kudryavtsev, A. M. Yakovlev. – M.: Nauka, 1982.
6. Petrov S. A. On the issue of establishing criminal liability of a passenger and a pedestrian for causing major damage // Law and State: Theory and Practice. – 2019. – No. 3 (171) – pp. 123-126.
7. Pudovochkin Yu. E. Assessment by the court of the social danger of a crime: Scientific and practical guide. – M.: RGUP, 2019.
8. Samoylyuk N.V., Kernadzhuk I.V. Problems of qualification of causing property damage through negligence // Russian Judge. – 2019. – No. 1. – P. 11-15.
9. Skoblikov P. A. Petty thefts – major misconceptions: a conceptual statement of a deputy and its analysis // Law. – 2015. – No. 12. – P. 113-120.
10. 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.
11. Truntsevsky Yu. V., Osipov I. V. Legislative reinforcement of quantitative parameters of cost criteria for crimes in the sphere of economic activity: patterns and calculation methods // Law. Journal of the Higher School of Economics. – 2018. – No. 3. – P. 122-148.
12. Khromov E.V. The ideal set of crimes provided for in Art. Art. 168, 264 of the Criminal Code of the Russian Federation // Russian investigator. – 2020. – No. 11. – P. 37-40.
13. Sharapov R. D. The concept of crime: legal positions of the Constitutional Court of the Russian Federation // Criminalist. – 2022. – No. 1 (38). – pp. 27-34.
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
ILLEGAL ACTIVITY FOR THE REPAYMENT OF OVERDUE DEBTS OF INDIVIDUALS: LEGAL ANALYSIS
This article is devoted to the study of the norm establishing criminal liability for illegal actions to repay accounts payable to individuals. The author substantiates the need to introduce Article 72.4 into the Criminal Code of the Russian Federation, examines the specifics of the composition of this crime, including conducting a comparative analysis with related criminal law norms. The author offers his vision of further improvement of the analyzed norm of the Criminal Code.
Keywords: debt, collection, collectors, threats, use of violence.
Bibliographic list of articles
1. Gazette. [Electronic resource]. – Access mode: https://www.vedomosti.ru/finance/articles/2023/10/31/1003400-banki-prodali-kollektoram-rekordnii-obem-dolgov-grazhdan (date of access: 02/09/2024).
2. Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations” dated 07/03/2016 No. 230-FZ. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_2004 97/.
3. New news. [Electronic resource]. – Access mode: https://newizv.ru/news/2023-07-14/kollektory-smenili-taktiku-posle-poyavleniya-nakazaniya-za-ugrozy-i-nasilie-k-dolzhnikam-413447 (access date: 09.02 .2024).
4. Tsoi L.V. Scientific notes of the Altai branch of the Russian Academy of National Economy under the President of the Russian Federation. – 2023. – No. 2 (23). – pp. 51-53.
5. Esakov G. Changes in criminal law in the first half of 2023 [Electronic resource]. – Access mode: https://www.yandex.ru/video/preview/14736635671060657828 (accessed 02/20/2024).
CRIMINAL LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
LEGAL ASSESSMENT AND PROBLEMS OF SOCIALIZATION IN RUSSIA OF MIGRANT WORKERS FROM CENTRAL ASIAN COUNTRIES
In the research article, the author’s team examines the problematic issues of the stay of migrant workers, mainly from Central Asian countries, on the territory of Russia. The issues of their worthk, knowledge of the Russian language, the history of Russia, as well as the commission of crimes on their part such as robberies, robberies, murders, rapes, etc. are considered in detail and highlighted. The proposed concept proposed by the leaders of our state regarding the reduction of social tension against migrant workers in our society is considered in sufficient detail. Based on the presented research printed material and an in-depth analysis of their stay in Russia, the authors have their own ideas and suggestions regarding the resolution of national interests in society.
Keywords: migrant workers, crimes, national culture, knowledge of the Russian language, literature, crime prevention, state concept of their way of life, behavior, migration flow, knowledge of legislation, deportation, criminal liability.
Bibliographic list of articles
1. Official website of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: Ministry of Internal Affairs of the Russian Federation.
2. Report of His Holiness Patriarch Kirill at the Diocesan meeting of the city of Moscow on December 20, 2023 Moscow, RIA Novosti, interview with Patriarch Kirill.
3. Meeting of Vladimir Putin with members of the Human Rights Council December 4, 2023 – M., Kremlin. (transcript).
4. Criminal Code of the Russian Federation. – M.: Publishing house. SPARK, 2023. – Art. 322.1 of the Criminal Code of the Russian Federation.
5. Newspaper “Izvestia” April 13, 2023
CRIMINAL LAW
PIROVA Rena Nizamievna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
COMMISSION ON JUVENILE AFFAIRS
This article contains an analysis of the behavior of neglected and homeless persons, as well as minors who have fallen under the actions of the Commission on juvenile affairs and protection of their rights. Also, the problems of the implementation of the activities of the commission itself and their solutions are considered. The problem lies in the existence of contradictions between the importance of the commission on juvenile affairs itself and the presence of unresolved organizational issues, such as social, regulatory and legal, which directly interfere with the implementation of the tasks assigned to the commission. Solving these problems and improving the legislative basis of the commission itself would lead to streamlined and more competent legal activities, which in turn could become a guarantee for minors that their rights and interests will be properly protected.
Keywords: minors, commission, CDNiZP, homeless, offense, children, teenagers.
Bibliographic list of articles
1. The number of homeless and neglected children in Russia // Statistics of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://fedstat.ru/indicator/36186 (date of access: 02/14/2024).
2. Main statistical indicators of the state of criminal records in Russia for 2003-2007 and 2008-2021. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=2074 (access date: 02/15/2024).
3. Kambieva M. M. “Facts influencing the formation of unlawful behavior of adolescents.” [Electronic resource]. – Access mode: https://moluch.ru/authors/15189/ (date of access: 02/16/2024).
4. Bezhentsev A. A. The role of commissions on juvenile affairs and the protection of their rights in the prevention of juvenile delinquency, prospects for the modernization of administrative activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017.
5. “No, it’s normal” // article “Violence against children in facts and figures.” [Electronic resource]. – Access mode: https://n-e-n.ru/violencefacts/ (access date: 02/17/2024).
CRIMINAL LAW
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
DVORZHITSKAYA Marina Andreevna
Ph.D. in Law, associate professor, senior lecturer of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
MALANJIN Alexander Anatoljevich
student of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
SAVELJEVA Darya Evgenievna
student of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
TRASH STREAMING: PROBLEMS OF CRIMINAL LAW REGULATION
The article examines the issues of criminal law regulation of such a phenomenon as trash streaming. Legislative and law enforcement problems have been identified that do not allow today to properly assess crimes committed in online broadcasts and publicly demonstrating violence. It supports the introduction of an aggravating circumstance in Article 63 of the Criminal Code of the Russian Federation and a qualifying feature in certain types of crimes against the person, such as “committing a crime with a public demonstration, including in the media or information and telecommunication networks (including the Internet).”
Keywords: trash stream, Internet, violence, cruelty.
Bibliographic list of articles
1. Mamardashvili M.K. Consciousness and civilization // How I understand philosophy. – M.: Progress, Culture, 1992. – 414 p.
2. Rakhmanova E. N., Berestovoy A. N., Tsvetkov P. V. Trash streaming is a form of network aggression: criminal legal analysis // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (97). – pp. 137-143.
CRIMINAL LAW
SOKOLOVA Tatyana Sergeevna
associate professor of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, Head of sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
CURRENT ISSUES OF INTERACTION BETWEEN INVESTIGATIVE UNITS AND INVESTIGATIVE BODIES DURING INVESTIGATIONS OF FRAUD COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The rapid development of our society aimed at improving the quality of life has affected all possible areas, including information and communication. Every day we reduce the solution of everyday issues to a minimum by accessing the Internet. At the same time, these actions involve posting your personal data on the open Internet. However, along with the development of society, criminals are also developing. Thus, new ways of committing crimes are emerging, which are constantly being improved, which often does not allow law enforcement agencies to react in a timely manner. Despite the fact that changes and additions are being made to the current legislation on an ongoing basis to facilitate the work of law enforcement agencies in the fight against fraud, there are many unresolved issues. Thus, this article examines a number of problematic issues that arise in law enforcement practice in the interaction of investigative units with bodies of inquiry in the investigation of frauds committed in the most common way in our time, namely using information and communication technologies.
Keywords: crime, fraud, information and communication technologies, investigator, inquiry agency, resolution.
Bibliographic list of articles
1. Interesting statistics: smartphones, networks, Internet // AndroidInsider. [Electronic resource]. – Access mode: https://androidinsider.ru (access date: 02/05/2024).
2. Criminal Procedure Code of the Russian Federation (Code of Criminal Procedure of the Russian Federation): Federal Law of December 18, 2001 No. 174-FZ: text as amended. and additional February 24, 2021 [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 02/09/2023).
3. Review of judicial practice of the Supreme Court of the Russian Federation No. 3 (2017). [Electronic resource]. – Access mode: http: // www.consultant.ru (date of access: 02/08/2024).
4. Brief description of the state of crime in the Russian Federation for January–December 2023 // Official website of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/reports/item/34307225 (date of access: 02/08/2043).
5. Agafonov V.V. Fillipov A.G. Forensics: lecture notes. – M., 2018. – P. 56.
CRIMINAL LAW
SULEYMANOV Samaludi Kamaldinovich
postgraduate student of the 4th course of the Rostov State University of Economics (RINE)
CRIME PREVENTION IN THE FIELD OF ENTERTAINMENT COMMERCIAL COMPETITIONS
This study examines and analyzes crime prevention issues in the field of commercial competitions. With the growing popularity and attractiveness of such competitions, the risk of committing various offenses, including fraud, corruption, bribery and other crimes, also increases. This article examines the main causes and producers of crimes in this sector, and also analyzes existing mechanisms and methods for their prevention. Particular attention is paid to the development of legislative and regulatory measures to prevent and deter criminal behavior, as well as to improve mechanisms for punishing and prosecuting crimes.
Keywords: spectacular commercial competitions, crime prevention, bribery, criminal legislation.
Bibliographic list of articlesok
1. Yakovlev V.F. On the systemic application of law (speech in the Supreme Arbitration Court of the Russian Federation) // Bulletin of the Supreme Arbitration Court of the Russian Federation. VAS RF. – 2017. – No. 3. – P. 420
2. Kerimov D. A. Legislative technologies. Scientific, methodological and educational manual. – M., 2018. – P. 310.
3. Message of the President of the Russian Federation dated April 18, 2002, w/n. [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/36351.
CRIMINAL LAW
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
FAYRUSHINA Rimma Damirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
ON IMPROVING THE CONDUCT OF INVESTIGATIVE ACTIONS IN THE INVESTIGATION OF CRIMINAL CASES, USING TECHNICAL MEANS
To increase the effectiveness of the investigation of a criminal case at the stage of preliminary investigation, it is certainly worth introducing into the practice of preliminary investigation technical means of fixation, with which you can make up for the shortcomings of human perception, preservation, reproduction, processing and transmission of information received during the course of investigative actions. In order to optimize and achieve high results, it is necessary to use the latest technical means and computer technologies in the activities of law enforcement agencies. And only with a new approach to the circumstances under consideration, one can hope for high accuracy and completeness of the evidence base of the preliminary investigation materials.
Keywords: investigative actions, technical means, investigation of criminal cases, paper media, information, electronic evidence.
Bibliographic list of articles
1. Alekseev N. S. Textbook on criminal procedure: investigative actions – 2nd ed. – M., 2022. – P. 88.
2. Kruglikov A.P. Textbook on criminal procedure: investigative actions in the Criminal Procedure Code of the Russian Federation – 3rd ed. – M., 2022. – P. 107.
3. Rabtsevich O.I. Textbook on criminal procedure: Criminal proceedings: theory and practice – 3rd ed. – M., 2022. – P. 214.
4. Smirnov A.V. Textbook on criminal procedure: investigative actions in the Criminal Procedure Code of the Russian Federation – 3rd ed. – M., 2022. – P. 107.
5. Chkalnitsky V.V. Textbook on criminal procedure: investigative actions – 4th ed. – M., 2022. – P. 251.
CRIMINAL LAW
SHADRINA Elena Sergeevna
investigator of the investigative department for the Leninsky district of the town of Kirov of the Investigative Department of the Investigative Committee of the Russian Federation for the Kirov region, postgraduate student of the 1st course of the Faculty of Training of Scientific and Pedagogical Personnel and Organization of Research Work of the A.Ya. Sukharev Moscow Academy of the Investigative Committee
PROBLEMS OF DETERMINING THE CRIMINAL LEGAL STATUS OF CERTAIN CATEGORIES OF SUBJECTS OF CRIME UNDER ARTICLE 200.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The author of the article considers problematic issues of determining the criminal legal status of certain categories of subjects of crime under Article 200.4 of the Criminal Code of the Russian Federation: contract manager, contract service employees, members of the procurement commission. Various points of view of Russian researchers regarding the definition of the criminal legal status of these persons are given. Some functions of the contract service and members of the procurement commission are considered. The provisions of criminal and administrative legislation, including legislation on the contract system in the field of procurement, are analyzed in relation to the concept of an official. The shortcomings of Article 200.4 of the Criminal Code of the Russian Federation are revealed, in terms of its contradiction with the provisions of previously adopted laws. The necessity of giving an explanation to the Plenum of the Supreme Court of the Russian Federation on the application of Article 200.4 of the Criminal Code of the Russian Federation is substantiated.
Keywords: public procurement, abuse, Article 200.4 of the Criminal Code of the Russian Federation, the subject of the crime, contract manager, contract service, procurement commission.
Bibliographic list of articles
1. Abramkin A.D. Public danger as the main factor in the criminalization of abuses in the sphere of governmentprocurement // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (44). – pp. 27-31.
2. Gladkikh V.I. Abuses in the sphere of procurement of goods, works, services to meet state or municipal needs (Article 200.4 of the Criminal Code of the Russian Federation): theoretical analysis // Russian Justice. – 2019. – No. 3. – P. 51-54.
3. Ermolovich Ya. N. Criminal liability for improper execution of the state defense order and violation of the procedure for public procurement // Defense-industrial complex: legal issues. – 2019. – No. 1. Access from the legal reference system “ConsultantPlus”.
4. Isaicheva M. M. On the differentiation of criminal liability of customer representatives in the Criminal Code of the Russian Federation // Law and Law. – 2019. – No. 9. – P. 137-139.
5. Any I. A. Problematic issues of the subjective composition of Art. 200.4 of the Criminal Code of the Russian Federation // Russian justice. – 2020. – No. 2. – pp. 27-29.
6. Filatova M. A. Problems of interpretation of signs of abuse in the sphere of state and municipal procurement // Law. Journal of the Higher School of Economics. – 2022. – No. 3. – P. 28-50.
7. Shurpaev Sh. M. Special subject in the composition of abuse and bribery in the sphere of state and municipal procurement // Law. Journal of the Higher School of Economics. – 2022. – No. 4. – P. 51-70.
CRIMINAL LAW
YABLONSKIY Konstantin Anatoljevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
CHENCHIKOVSKIY Alexander Dmitrievich
senior lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
CHARACTERISTICS OF PERSONS INVOLVED IN ILLEGAL ARMS TRAFFICKING
The personal characteristics of the criminal are most fully manifested when committing a specific crime, while criminological characteristics of behavior are traced. In criminology, the personality of a criminal is considered as a category that arises only after a person has committed a specific crime, and is defined as a set of socially significant properties, characteristics, connections and relationships that characterize a person who is guilty of violating the criminal law. The personality structure of a criminal involved in illegal weapons trafficking is complex and dynamic; it includes a wide range of internal personality positions in various areas (interests, skills, ability to handle weapons – a qualitative characteristic of the criminal’s personality).
Keywords: structure, personality, criminological characteristics, weapons, ammunition, turnover.
Bibliographic list of articles
1. Lombroso Ch. Crime. – St. Petersburg: Publishing house N.K. Martynov, 1900. – 140 p.
2. Vedernikov N. T. The personality of a criminal as an element of the forensic characteristics of a crime // Forensic characteristics of crimes: collection. scientific tr. – M.: All-Union. Institute has been studied. reasons and developer Mayor of Crime Prevention, 1985. – pp. 76-79.
3. Yablokov N.P. Subject of crime investigation methods. Current problems of Soviet criminology. – M., 1980. – 104 pp.
4. Mishin A.V. Investigation of arson of personal property of citizens. – Kazan: Kazan Publishing House. University, 1991. – 128 p.
5. Teslenko E. S. Forensic support of preliminary investigation of illegal trafficking of ammunition and explosives during the Great Patriotic War: abstract of thesis. dis. … for the academic degree. Ph.D. degrees legal Sciences: spec. 12.00.09 “Criminal procedure, criminology; operational investigative activities.” – Krasnodar, 2011. – 22 p.
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
STAGES OF CRIMINAL LAW INTERPRETATION: JUDICIAL ALGORITHM
The study at hand aims at analyzing methods and results of legal interpretation in their theoretical and perception practical, systematic interrelation, and hierarchy. The conclusion is made about the inadmissibility of the doctrine of supremacism and self-sufficiency of literal meaning, as well as its “increased effectiveness” in relation to all other interpretative results. The relationship between literal and other meanings can be expressed only algorithmically, but not hierarchically. Hence, extraordinary interpretation results are subject to application whenever the literal interpretation is unsatisfactory. Guided by the goals of interpretation as a daily courts’ routine, the conditions for including a specific interpretation in a judicial act are formulated. To this end, using the terminology of F.K. von Savigny, the category of “satisfactory” interpretation was constructed in two cumulative aspects – legal and factual. Verification of the interpretation’s compliance with this category is mandatory for each interpretative process. Considering these clarifications, four stages of the interpretative process (two mandatory and two optional), as well as the rules for its application, are formulated. The relevance of the topic is determined by the data of judicial statistics, indicating the inefficiency and unsystematic nature of courts’ criminal law interpretation. Given the goal of minimizing the number of judicial acts with improper application of the criminal law, which traditionally account for more than 50% of the number of reversed, this study has a practical character.
Keywords: interpretation, interpretative process, methods of interpretation, types of interpretation, results of interpretation, quality of law
Bibliographic list of articles
1. Abdulaev M.I. Theory of State and Law: Textbook for Higher Educational Institutions. – M.: Magistr-Press, 2004. – 410 pp.
2. Alekseev S.S. General theory of law. Course in 2 volumes. – T. 2. – M.: Legal. lit., 1981. – 360 p.
3. Aristotle. Athenian polity. State system of the Athenians. 2nd edition. – M.: State Socio-Economic Publishing House, 1937. – 254 p.
4. Savigny F.K. background. The system of modern Roman law: In 8 vols. T. I. Transl. with him. G. Zhigulina / Ed. O. Kutateladze, V. Zubarya. – M.: Statute, 2011. – 510 p.
5. Surkova S.V. Broad interpretation of legal norms // SPS ConsultantPlus [Electronic resource]. – access mode: https://cloud.consultant.ru (date of access: 02/08/2024).
6. Ammann O. Domestic Courts and the Interpretation of International Law. Methods and Reasoning Based on the Swiss Example. – Copenhagen: Brill Publishers, 2020. – P. 166.
7. Canale D., Tuzet G. Analogical Reasoning and Extensive Interpretation // ARSP: Archives for Philosophy of Law and Social Philosophy. – 2017. – Vol. 103. No. 1. – P. 117-135.
8. Cover R.M. Violence and the Word // Yale Law Journal. – 1986. – Vol. 95. No. 8. – P. 1601-1629.
9. Goodrich P. Historical Aspects of Legal Interpretation // Indiana Law Journal. – 1986. – Vol. 61. No. 315. – P. 345.
10. 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.
CRIMINAL LAW
VASILJEVA Darya Vladimirovna
assistant of Foreign law and comparative law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
PROBLEMS OF DETERMINING OBJECTIVE SIGNS OF FICTITIOUS BANKRUPTCY
The article examines the relevance of fictitious bankruptcy today. The problem of applying Article 197 of the Criminal Code of the Russian Federation is caused by the incorrect phrasing of the action. There is no improvement of criminal legislation in the area of criminal bankruptcies despite the dynamic change in the bankruptcy law, the expansion of the subject of bankruptcy law. The method of committing a fictitious bankruptcy is a public declaration of insolvency, which became irrelevant after the improvement of bankruptcy legislation in 2002. That is why Article 197 of the Criminal Code of the Russian Federation does not work. The article explores ways to solve the current problem.
Keywords: bankruptcy, fictitious bankruptcy, the object of fictitious bankruptcy, actus reus of fictitious bankruptcy, improvement of criminal legislation.
Bibliographic list of articles
1. Batyukova V. E. On the issue of signs of persons committing crimes in the business sector // Modern law. – 2023. – No. 1. – P. 92-96.
2. Karpovich O. G. On liability for intentional and fictitious bankruptcy // Lawyer. – 2002. – No. 5. – P. 41-45.
3. Lopatina T. M. The relationship between criminal law and civil law principles in the regulation of relations related to insolvency: the example of fictitious bankruptcy // Russian Justice. – 2017. – No. 4. – P. 31-33.
4. Lopashenko N. A. Crimes in the economic sphere: Author’s commentary on the criminal law (Section VIII of the Criminal Code of the Russian Federation). – M.: Wolters Kluwer, 2006.
5. Lyaskalo A. N. Damage in bankruptcy crimes // Criminal law. – 2023. – No. 9. – P. 27-40.
6. Mikhalev I. Yu. About fictitious bankruptcy // Criminal law. – 2006. – No. 5. – P. 65-69.
7. Nenaidenko A. G. Intentional and fictitious bankruptcy: current problems of criminal liability: Author’s abstract. dis. …cand. legal Sci. – M., 2005.
8. Rusanov G. A. Crimes in the sphere of economic activity: textbook. – M.: Prospekt, 2011.
9. Criminal law of the Russian Federation. Special part: Textbook / Ed. L. V. Inogamova-Khegai, A. I. Raroga, A. I. Chuchaeva. – M.: CONTRACT, INFRA-M, 2009.
10. Criminal law. General part: Textbook / Ed. A. N. Tarbagaeva. – M.: Prospekt, 2016.
11. Criminal proceedings. Data on the imposed punishment under articles of the Criminal Code. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: http://stat.api-press.rf/stats/ug/t/14/s/17 (access date: 01/02/2024).
CRIMINAL LAW
ELOVIKOVA Yuliya Sergeevna
postgraduate student of Criminal law disciplines sub-faculty of the I. N. Ulyanov Chuvash State University, Cheboksary
THE EVOLUTION OF CRIMES AGAINST THE PERSON IN RUSSIAN CRIMINAL LAW OF THE PRE-REVOLUTIONARY PERIOD
The article is devoted to a comprehensive study of the evolution of crimes against the person in the Russian criminal law of the pre-revolutionary period. The peculiarities of crimes against the person in the period of formation and establishment of the united ancient Russian state Kievan Rus (IX-XII centuries), in the period of feudal fragmentation (XII century – XIV centuries), formation and development of the Moscow centralized state (XV-XVII centuries), the Russian Empire (XVIII – early XX) are singled out and described. The article substantiates the position that the system of crimes against the person existing in the present criminal law did not arise by chance, it was formed under the influence of various historical factors: social, economic, political, etc., as well as the assessment of the rights of the individual in the system of social relations.
The issues of evolution of crimes against the person are covered in detail in the works of Zvizzhova O. Y., Demin I. N., Filimonova E. E. The novelty of this work consists in studying the issue of evolution of the institute of crimes against the person under the influence of various historical factors.
The purpose of the study is to show the beginning of the establishment and formation of the institution of crimes against the person, to identify the factors causing the regularities of the development of such crimes in the Russian criminal law of the pre-revolutionary period.
The object of the study is the system of crimes against the person based on the sources of Russian criminal law of the pre-revolutionary period. In the research, the author used historical, comparative, and logical research methods.
Keywords: crime, punishment, human rights and freedoms, object of criminal legal protection, pre-revolutionary period.
Bibliographic list of articles
1. Petrov I.V. State and law of Ancient Rus’. St. Petersburg, 2003. P. 412.
2. Sverdlov M. B. From Russian Law to Russian Truth. M., 1988. P. 176.
3. Sheptalin A. A. Genesis and evolution of the institution of punishment in primitive society // Man: crime and punishment. 2019. T. 27 (1-4). No. 2. pp. 169-189.
4. The Tale of Bygone Years according to the Laurentian List. St. Petersburg: Imperial Archaeographic Commission, 1910. 274 p.
5. Khachaturov R.L. Refusal of the death penalty in the law of ancient Rus’ // Death penalty: pros and cons / Ed. S. G. Kelina. M., 1989. P. 381.
6. Rybakov B. A. Paganism of Ancient Rus’. Moscow: 1987. 805 pp.
7. Georgievsky E.V. General criminal law characteristics of ancient Russian paganism // Siberian Legal Bulletin. 2007. No. 2 (37). pp. 75-83.
8. Sumtsov N.F. About wedding ceremonies, mainly Russian. Kharkov, 1881. 206 p.
9. Gernet M. M. Infanticide in Russian law // “Aee sins, mortals”: Russian family and sexual culture through the eyes of historians, ethnographers, writers, folklorists and theologians of the XΙX – early XX centuries: in 3 books. Book 1 / Prep. N. L. Pushkareva and L. V. Bessmertnykh. M., 2004. 290 p.
10. Tylor E. B. Myth and ritual in primitive culture. Smolensk, 2000. P. 567 p.
11. Shakhunova E. F., Kozlov M. N. Human sacrifices in the system of ancient Russian military traditions // Collection of materials of the IV International Scientific Forum, the 75th anniversary of the Crimean offensive operation of 1944 and the 5th anniversary of the reunification of Sevastopol and Crimea with Russia. resp. ed. A. P. Kabachenko. 2019. Sevastopol: Federal State Autonomous Educational Institution of Higher Education “Sevastopol State University”, 2019.
12. Kavelin K. D. Collected Works. T. 4: Ethnography and jurisprudence. St. Petersburg, 1904. P. 73.
13. Veletskaya N. N. Pagan symbolism of Slavic archaic rituals. M., 2003.
14. Rapov O. M. Russian Church in the 9th – first third of the 12th century. Acceptance of Christianity. M., 1988. P. 444.
15. Rusanova I. P., Timoshchuk B. A. Pagan sanctuaries of the ancient Slavs. M.: Ladoga, 2007.
16. Grushevsky M. S. History of Ukraine-Rus. K.: Naukova Dumka, 1991. T. 1. 648 p.
17. The Tale of Bygone Years // ABC of Faith. 2024. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Nestor_Letopisets/povest-vremennyh-let/. — Access date: 01/12/2024.
18. Russian truth // ABC of faith. 2024. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Istorija_Tserkvi/biblioteka-literatury-drevnej-rusi-tom-4/13/. — Access date: 01/13/2024.
19. Loba V. E., Malakhov S. N. Criminal law of Ancient Rus’ of the 11th-12th centuries. (according to Russian Pravda) / Armavir State Pedagogical University. 2011. 178 p.
20. Devyatovskaya S.V. Historical and legal analysis of the regulation of physical or mental coercion in Russian criminal legislation // Yurist-Pravoved. 2015. No. 3 (70). pp. 109-113.
21. History of state and law of the USSR. Part 1. / Ed. Yu. P. Titova. M.: Legal. lit., 1988. 544 p.
22. Protsenko Yu. L. Old Russian state and law: Lecture. Volgograd: VolGU Publishing House, 2000. 60 p.
23. Zagoskin N.P. Essay on the history of the death penalty in Russia. Kazan: Printing house of the Imperial University, 1892. 103 pp.
24. Charter of Prince Yaroslav Vladimirovich on church courts. XI-XIII centuries // Museum of the History of Russian Reforms named after P. A. Stolypin. [Electronic resource]. – Access mode: http://museumreform.rf/node/13620 (date of access: 01/13/2024).
25. Dvina charter of 1397 // Museum of the History of Russian Reforms named after P. A. Stolypin. [Electronic resource]. – Access mode: http://museumreforms.ru/node/13622 (date of access: 01/14/2024).
26. Vasilev I.I. Pskov Judgment Charter (1397-1467): Authentic and in translation. in modern language with notes on establishing the translated text / Comp. I. I. Vasilev and N. V. Kirpichnikov. Pskov: Publishing house. Pskov. Archaeologist. islands (Typ. Gubernia Board), 1896. VII, [3], 76 pp.
27. Code of Law of 1497 // Museum of the History of Russian Reforms named after P. A. Stolypin. [Electronic resource]. – Access mode: http://museumreforms.ru/node/13622 (date of access: 01/14/2024).
28. Rozhnov A. A. Theft (Tyatba) according to the Code of Law of 1497 // Society and Law. 2011. No. 4 (36). P. 40
29. Filimonova E. E. Crimes against the individual: from Ancient Rus’ to the Russian Federation // Young scientist. 2021. No. 26 (368). pp. 230-235.
30. Code of Law of 1497 // Museum of the History of Russian Reforms named after P. A. Stolypin. [Electronic resource]. – Access mode: http://museumreforms.ru/node/13628 (date of access: 01/14/2024).
31. Tikhomirov M. N., Epifanov P. P. Cathedral Code of 1649. M.: Moscow University Publishing House, 1961.
32. Abdulaeva I. A., Loba V. E. History of law and state // Legal Bulletin of Samara University. 2021. No. 1. P. 18-24.
33. Military article April 26, 1715 // Faculty of History of Moscow State University. [Electronic resource]. – Access mode: https://www.hist.msu.ru/ER/Etext/articul.htm (date of access: 01/13/2024).
34. Complete collection of laws of the Russian Empire. Meeting First. Volume XIII. 1749-1753
35. Complete collection of laws of the Russian Empire. Meeting First. Volume XIV. 1754-1757
36. Letters granted to the nobility and cities in 1785 // Museum of the History of Russian Reforms named after P. A. Stolypin. [Electronic resource]. – Access mode: http://museumreforms.ru/node/13628 (date of access: 01/10/2024).
37. Complete collection of laws of the Russian Empire // Russian National Library. [Electronic resource]. – Access mode: https://nlr.ru/e-res/law_r/content.html (date of access: 01/13/2024).
38. Code on criminal and correctional punishments of 1845 // Museum of the History of Russian Reforms named after P. A. Stolypin. [Electronic resource]. – Access mode: http://museumreforms.ru/node/13654 (date of access: 01/14/2024).
39. Anisimova V.P. New criminal code, supremely approved on March 22, 1903. St. Petersburg: 1903.
CRIMINAL LAW
KORPEEV Ata Geldievich
assistant of Theory and history of state and law and international law sub-faculty of the S. P. Korolev Samara National Research University
THE STATE AND DYNAMICS OF CRIMES COMMITTED USING INFORMATION AND TELECOMMUNICATION NETWORKS (TECHNOLOGIES) AND IN THE FIELD OF COMPUTER INFORMATION IN THE RUSSIAN FEDERATION AND TURKMENISTAN
The article analyzes the dynamics and level of growth crimes of committed using information and telecommunication networks (technologies) and in the field of computer information in the Russian Federation and Turkmenistan over the past three years. According to established practice, these crimes have a high tendency to grow and modernize the methods of commission, which in its essence is a challenge for law enforcement agencies of the Russian Federation and Turkmenistan. The relevance of the use of digital technologies in the commission of these crimes lies in the high level of latency, i.e. in other words, to commit a property crime in the form of theft of electronic money using a digital device, or to introduce a virus program into an information system for the purpose of illegally obtaining information contained on electronic media, has the opportunity to remain incognito. In this regard, over the past three years we have seen that the dynamics of such crimes in the Russian Federation is growing significantly: in 2021 the number of such crimes was 517,700, then in 2023 there are already 614,782, i.e. the increase is 0.8% over two years, more than 70% of acts are property crimes. In Turkmenistan, the situation is different than in the Russian Federation due to the fact that there is no official statistical information from law enforcement agencies on the dynamics of such crimes, statistical information can be tracked through Kaspersky Lab, according to this statistical information in the Asian region, Turkmenistan ranks 6th in terms of detected threats per day with a share of 2.96% and 2nd place in terms of detected threats for each month with a share of 4.20%, the bulk of malicious encroachment occurs on the websites of government agencies, enterprises, banks from outside using virus programs. Based on this, the author concludes that for the next planned 3 years, the dynamics of the growth rate of such crimes will continue both in the Russian Federation and in Turkmenistan. However, in the criminal legal and criminological sense, it is necessary to optimize the activities of law enforcement agencies through the modernization of information space protection systems and the creation of a single regional center for combating these crimes in order to coordinate the activities of interested government bodies.
Keywords: crime dynamics, digitalization, crimes in the field of information and telecommunication technologies, computer information, property crimes, malware, information security.
Bibliographic list of articles
1. Brazhnikov S. D. Crimes in the field of computer information: Educational method. development according to a special course / Comp. S. D. Brazhnikov; Yarosl. state univ. – Yaroslavl, 2000. – 54 p.
2. Doctrine on information security of the Russian Federation dated December 5, 2016 No. 646. [Electronic resource]. – Access mode: rg.ru/documents/2016/12/06/doktrinainfobezobasnost-site-dok.html (access date: 01/22/2024).
3. Law of Turkmenistan “On information and its protection” dated May 3, 2014 No. 72V [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=34731231 (date of access: 01/23/2024).
4. Law on cybersecurity of Turkmenistan dated 09/07/2019. [Electronic resource]. – Access mode: https://turkmenportal.com/blog/21542/v-turkmenistane-podgotovlen-proekt-zakona-o-kiberbezopasnosti (date of access: 01/22/2024).
5. Zavadsky I. I. Information war – what is it? // Confidential. – 1996. – No. 4. – P. 13-15.
6. Krylov V.V. Investigation of crimes in the sphere of information. – M., 1998. – P. 165.
7. Fletcher J., Naumov A.V. Basic concepts of modern criminal law. – M., 1998. – P. 151-155.
CRIMINAL LAW
LIBENZON Evgeniy Leonidovich
postgraduate student of the Patrice Lumumba People’s Friendship University of Russia, researcher, second-class lawyer of the University of the Prosecutor’s Office of the Russian Federation
GAPS IN LEGISLATION ON THE CONFISCATION OF CARS AS AN INSTRUMENT OF CRIME IN SMUGGLING (BASED ON THE EXAMPLE OF JUDICIAL PRACTICE IN THE TRANS-BAIKAL TERRITORY)
This article addresses the relevance of the normative context of the crime of smuggling via the use of vehicles and its link to the procedural factors that influence the determination of the possibility for confiscating vehicles as instruments of crime in smuggling cases. It presents the judicial practices in Zabaikalsky Krai, highlighting the necessity for legislative solutions to the contentious issue of recognizing vehicles as instruments of crime in smuggling offenses. The article suggests amendments to Article 104¹ of the Criminal Code of the Russian Federation and recommends additional clarifications by the Supreme Court of the Russian Federation on the application of Article 104¹. It advocates for the introduction of mandatory vehicle confiscation measures in the Criminal Code of the Russian Federation as a penalty for smuggling.
The article also discusses the illegal trade of goods and resources listed in the Government of the Russian Federation’s Decree No. 923, dated September 13, 2012, for the purposes of Article 226.1 of the Criminal Code, involving the use of vehicles.
The aim of this study is to explore the legislative shortcomings in the confiscation of instruments of crime to mitigate the smuggling of goods and resources.
This research employs a comparative approach to review the legislation concerning the confiscation of vehicles as instruments of crime across several countries, including Russia, China, the United States, and member states of the European Union.
Results: The study reveals existing legislative gaps in the confiscation of automobiles used in smuggling as instruments of crime.
Conclusions: Considering the scientific and practical significance, this study examines the primary reasons for the return of vehicles implicated in smuggling, prevention methods against smuggling utilizing vehicles, and the heightened public danger associated with the criminalistic characterization of such acts. The judicial practices in Zabaikalsky Krai are scrutinized, taking into account the region’s unique border position with the People’s Republic of China (PRC).
Keywords: customs border, evidence, equipment, strategically important goods and resources, biological resources, confiscation, vehicle, smuggling, cultural values, caches, instruments of crime, means of crime.
Bibliographic list of articles
1. Andreeva E. V. Illegal logging of forest plantations // Law and practice. – 2021. – No. 1 (74). – P. 43. – [Electronic resource]. – Access mode: http://files.sudrf.ru/2435/user/ZiP1_74_2021_sayt.pdf (access date: 12/04/2023).
2. Zabavko R. A. Wood smuggling: complex issues of the subject of the crime // Activities of law enforcement agencies in modern conditions: collection. materials of the XXI international scientific and practical. conf. – Irkutsk: Publishing House of the East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 60-64.
3. Libenzon E. L. Problems of determining territorial jurisdiction in cases of smuggling // Current problems of Russian law. – 2023. – T. 18. No. 2 (147). – pp. 160-170. – DOI: 10.17803/1994-1471.2023.147.2.160-170. – [Electronic resource]. – Access mode: https://msal.ru/upload/medialibrary/7a4/z6rgayuhwec80bvq2vk3avdwbfrxa1rl.pdf.
4. Libenzon E. L., Klebanov L. R. Investigation gaps in combating smuggling // Criminal proceedings: procedural theory and forensic practice. XI International Scientific and Practical Conference. IT “Arial”. – Simferopol. April 27-28, 2023. – pp. 163-167.
5. Prikhodko N. Yu. Prevention by internal affairs bodies of smuggling on railway transport // Abstract of the dissertation for the degree of candidate of legal sciences, 2015. – P. 3. – [Electronic resource]. – Access mode: https://a.mvd.ru/upload/site120/folder_page/007/308/373/avtoreferat_prihodko.pdf.
CRIMINAL LAW
MUSTAFAZADE Rovshan Shakhin ogly
postgraduate student of Criminal law and criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
FEATURES OF THE SUBJECTIVE SIDE OF THE CRIME PROVIDED FOR IN ARTICLE 236 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This article reveals current issues and legal problems to the peculiarities of the subjective side of violations of sanitary and epidemiological rules. The author provides various opinions from the doctrine of criminal law. Their ambiguity and uncertainty are emphasized. It is shown that there is no single position in judicial practice. Special attention is paid to the explanations of the higher courts of the Russian Federation. The paper also provides static information on the application of Article 236 of the Criminal Code of the Russian Federation. In addition, this paper addresses other issues related to this topic.
Keywords: violation of sanitary and epidemiological rules; mental element.
Bibliographic list of articles
1. Zvecharovsky I. E., Ivanov A. L. Influence of uncertainty art. 24 of the Criminal Code of the Russian Federation on the qualification of crimes (using the example of Article 263.1 of the Criminal Code of the Russian Federation) // Criminal Law. – 2014. – No. 6. – P. 23 (22-24) @@ Yani P. S. The uncertainty of the criminal law gives rise to unresolved problems of law enforcement // Legality. – 2020. – No. 6. – P. 32-37.
2. Karyagina O. V. Features of criminal liability for violation of sanitary and epidemiological rules in the context of the threat of the spread of coronavirus in the Russian Federation: analysis of innovations // Bulletin of the Taganrog Institute of Management and Economics. – 2020. – No. 1. – P. 49-52.
3. Kokotova D. A. On the need and possible options for changing the rules for determining forms of guilt // Lex Russia. – 2021. – Volume 74. No. 5 (174). – pp. 82-107.
4. Commentary on the Criminal Code of the Russian Federation (article-by-article) / Ed. G. A. Esakova. – M.: Prospekt, 2021. – 816 pp.
5. Course of criminal law in five volumes. Volume 4. Special part / Ed. G. N. Borzenkova, V. S. Komissarova. – M.: Mirror, 2002. – 672 p.
6. Norvartyan Yu. S. Violation of sanitary and epidemiological rules: issues of criminalization and legislative regulation // Bulletin of the University named after O. E. Kutafin. – 2021. – No. 8. – P. 110-117.
7. Yani P. S. The uncertainty of the criminal law gives rise to unresolved problems of law enforcement // Legality. – 2020. – No. 6. – P. 32-37.
CRIMINAL PROCEDURE
ABDRASHITOV Vagip Mnirovich
Ph.D. in Law, professor of Philosophy and theory of law sub-faculty of the Volgograd State University
KAKHKHOROV Davlatali Gafforovich
senior lecturer of Procedural law and criminalistics sub-faculty of the Volgograd State University
THE PROCEDURAL MODEL OF INTERACTION BETWEEN THE PROSECUTOR AND THE INVESTIGATOR AT THE PRESENTATION OF CHARGES
This article analyzes the problems related to the legal regulation of the procedural model of the relationship between the investigator and the supervising prosecutor within the framework of such a stage as the filing of charges. A number of norms of criminal procedural legislation of different periods of Russia that regulated the supervisory activities of the prosecutor, including the role of the investigator at the stage of completing the preliminary investigation, are examined. The work presents a comparative legal analysis of the institution of bringing charges in the USA and France. Proposals have been formulated to change the norms of the current criminal procedural legislation of Russia. The novelties proposed by the authors can contribute to the process of eliminating contradictions within the norms of the Code of Criminal Procedure of the Russian Federation, which regulate the powers and status of the prosecutor at the stage of filing charges.
Keywords: pre-trial proceedings, supervisory activities of the prosecutor, preliminary investigation, bringing charges, prosecutor, investigator.
Bibliographic list of articles
1. Gutsenko K. F., Golovko L. V., Filimonov B. A. Criminal process of Western states: monograph / K. F. Gutsenko; Moscow state University named after M. V. Lomonosov. – 2nd ed., revised. and additional – M.: Zertsalo-M, 2002. – 528 p.
2. Course of criminal procedure / Ed. Doctor of Law, Prof. L. V. Golovko. – M.: Statute, 2016. – 1278 p.
3. Resolution of the All-Russian Central Executive Committee of May 25. 1922 “On the Criminal Procedure Code.” // SU RSFSR, 1922, No. 20-21, art. 230. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/CGI/online.cgi?req=docbase=ESUn=4006#0 (Date of access: 02/14/2024).
4. Sychev D. A. Content and implementation by the prosecutor of the functions of supervision and criminal prosecution in the pre-trial stages of the criminal process: dis. …cand. legal Sci. – Moscow, 2016. – 318 p.
5. Charter of criminal proceedings dated November 20, 1864 [Electronic resource]. – Access mode: http://constitution.garant.ru/history/act1600-1918/3137/ (Date of access: 02.14.2024).
6. Criminal Procedure Code of the RSFSR of October 27, 1960 [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_ doc_LAW_3275/ (Date of access: 02.14.2024).
CRIMINAL PROCEDURE
GONNOV Roman Vladimirovich
Ph.D. in Law, associate professor of Operational-search activities and special equipment sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE ROLE AND IMPORTANCE OF OPERATIONAL-SEARCH ACTIVITIES CARRIED OUT BY THE INTERNAL AFFAIRS BODIES
The work studies the significance of operational-search activities carried out by the internal affairs bodies and its relationship with the criminal procedure law. Particular attention is paid to issues of understanding the results of operational-search activities and the possibility of their use not only for the preparation and conduct of operational-search measures and investigative actions, but also in the process of proving criminal cases. The work conducted a study of the search, detection, fixation, assessment and possibilities of using information obtained promptly. The study of this area revealed the gaps in modern legislation regulating operational-search and criminal-procedural activities, examples of practice and court decisions were considered, conclusions were made and proposals were made.
Keywords: operational-search activity, criminal process, evidence, documentation, police.
CRIMINAL PROCEDURE
KVASNITSA Sergey Evgenjevich
Ph.D. in Law, associate professor, professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
BIRYUKOV Svyatoslav Yurjevich
Ph.D. in Law, associate professor, associate professor of Procedural law and criminology sub-faculty of the Institute of Law of the Volgograd State University
THE CONCEPT, ESSENCE AND CONTENT OF INVOLVING A PERSON AS AN ACCUSED
An analysis of the theory of criminal procedure law and modern criminal procedure legislation suggests that there is a tendency to reduce the role of the institution of involvement as an accused in the context of the implementation of one of the most important principles of domestic criminal procedure legislation – ensuring the rights of the individual in criminal proceedings. This article examines the issues of modern interpretation in the theory of criminal procedure law and law enforcement practice of the concept, essence and content of the institution of bringing a person as an accused.
Keywords: accused, involvement as an accused, prosecution, criminal procedure legislation.
Bibliographic list of articles
1. Frantsiforov Yu. V. The concept and procedural procedure for bringing a person as an accused // Russian judge. – 2021. – No. 5.
2. Strogovich M. S., Alekseeva L. B., Larin A. M. Criminal procedural law and problems of its effectiveness. – M., 1979.
3. Serdechnaya R.G. Involvement as an accused and implementation of the principles of criminal proceedings: Dis. …candidate of legal sciences. – Volgograd, 1999.
4. Orlova A. A. Procedural procedure for bringing in as an accused. / Criminal process. Collection of teaching aids. Vol. 2. – M., 2018.
5. Kharchikova V. Sh. Formation of charges in the criminal process of Russia: Dis. …cand. legal Sci. – Kemerovo, 2019.
6. Strogovich M. S. Course of criminal proceedings. T. 2. – M., 1970.
7. Efimichev S.P. Preliminary investigation and its role in the implementation of criminal liability: Author’s abstract. dis. … doc. legal Sci. L., 1987.
8. Dubinsky A. Ya. Execution of procedural decisions of the investigator: legal and organizational problems. – Kyiv: Higher School, 1984.
CRIMINAL PROCEDURE
MILIKOVA Anna Vladimirovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Volgograd State University
YAKOVLEVA Lyubov Alexandrovna
Ph.D. in Law, associate professor of Forensic science sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ON APPROACHES TO THE DEFINITION OF THE CONCEPT OF A CRIMINAL CASE AND THE CONSISTENCY OF ITS MATERIALS
In legal acts, in scientific literature and in practice, the term “criminal case” is widely used in matters related to the regulation of criminal procedural legal relations. The familiar term does not have a legally fixed definition. There is no consensus in the scientific community either. This article attempts to define the concept of “criminal case” by presenting its elements as a single system. The authors conclude that in the most general form, a criminal case is a system of procedural acts and documents of pre–trial and judicial criminal proceedings, actions and decisions of participants in the criminal process.
Keywords: criminal case, system, criminal procedure act, procedural documents, criminal procedure form.
Bibliographic list of articles
1. Borisov A. B. Large legal dictionary. – M.: Book World, 2010. – 848 p.
2. Volynskaya O. V. Some approaches to the formulation of the concept of “termination of a criminal case” // Lawyer. – 2017. – No. 3. – P. 13-16.
3. Gimazetdinova I. N. Criminal case as a complex documentary form of presenting the results of criminal proceedings: specialty 5.1.4 Criminal law sciences: dissertation for the degree of candidate of legal sciences. – Moscow, 2023. – 235 p.
4. Kaats M. E. Problematic aspects of the procedure for declaring evidence inadmissible during the preliminary investigation // Modern problems of the criminal process: solutions: collection of materials of the International Scientific and Practical Conference, Ufa, September 24, 2020. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 100-105. – EDN XUTCTK.
5. Michurina O. V. On the content of the concept of a criminal case and the prospects for modernizing its form // Modern problems of the criminal process: solutions: collection of materials of the International Scientific and Practical Conference, Ufa, September 24, 2020. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 155-160. – EDN YVTZFI.
6. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions / Russian Academy of Sciences. Institute of Russian Language named after. V. V. Vinogradova. – 4th ed., supplemented. – M.: LLC “A TEMP”, 2006. – 944 p.
7. Rossinsky S. B. Collection of evidence as the “first” stage of proof in a criminal case // Legal Bulletin of Samara University. – 2020. – T. 6. No. 3. – P. 91-103. – DOI 10.18287/2542-047X-2020-6-3-91-103. – EDN LPBVKP.
8. Saak A. E., Tyushnyakov V. N. RazraBotka of management decisions: Textbook for universities. – St. Petersburg: Peter, 2007. – 272 p.
9. Suprun S.V., Ganbold R. Preliminary investigation of Russia and Mongolia: current problems of determining the content of the concepts “inquiry case”, “criminal case”, “criminal prosecution”, “termination of criminal case” // Bulletin of St. Petersburg University of the Ministry of Internal Affairs Russia. – 2019. – No. 4 (84). – pp. 137-145. – DOI 10.35750/2071-8284-2019-4-137-145. – EDN BDAGCA.
CRIMINAL PROCEDURE
POLIKARPOVA Olga Sergeevna
senior lecturer of Administrative activities of the department of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
THE VALIDITY OF SUSPICION AND ITS INCREASE AS A CONDITION FOR ENTERING INTO THE STATUS OF A SUSPECT AND THE ADMISSIBILITY OF CRIMINAL PROSECUTION BEFORE THE COMPLETION OF PRE-TRIAL PROCEEDINGS IN THE CASE
The article argues the importance of the validity of suspicion of a crime in order to establish the admissibility of introducing a person into the procedural status of a suspect and subsequent personalized criminal prosecution, as well as the prospects of using such a definition for the development of the procedural status of a suspect in Russian criminal proceedings in order not only to confirm suspicion, but to increase the degree of its validity, which should be recognized as a necessary condition for justification as criminal prosecution identity until the completion of the pre -trial proceedings in the case, and the application of a measure of criminal procedural coercion against her without charge. The logic of applying the notification of suspicion to formalize the decision of a competent official of the preliminary investigation body in order to confirm the initial suspicion, taking into account the totality of evidence in the case, indicating an increase in the degree of its validity, is explained.
Keywords: criminal prosecution, validity of suspicion, suspect, notification of suspicion.
Bibliographic list of articles
1. Afanasyeva S.I. Institute of investigative judges: the prospect of legal regulation // Sixth Perm Congress of Legal Scientists: Selected materials: Publishing House “Statut” LLC, 2016. – P. 369-376.
2. Barshchevsky M. Yu., Morshchakova T. G. How to get rid of the accusatory bias in the courts // Russian newspaper. – Federal issue. – No. 213 (6189). – 24.09. 2013 – [Electronic resource]. – Access mode: http://www.rg.ru/2013/09/24/sud.html.
3. Lavdarenko L. I. Determination of the goals and motives of criminal procedural detention // Russian investigator. – 2015. – No. 12. – P. 11-15.
4. Morozova O. S. Procedural nature of suspicion in criminal proceedings // Criminalist. – 2022. – No. 4 (41). – pp. 87-91.
5. Morshchakova T. G. On the competence and procedure for forming the institution of investigative judges in the Russian Federation // Official website of the International Association for the Promotion of Justice. – [Electronic resource]. – Access mode: https://www.iuaj.net/node/1718.
6. Polikarpova O. S. Institute of investigative judges as a prerequisite for the development of the institution of suspicion in criminal proceedings in Russia // Criminal proceedings: current state and development strategy: Collection of scientific papers of the International Scientific and Practical Conference, Moscow University of the Ministry of Internal Affairs of Russia. V. Ya. Kikotya, 2022. – P. 265-268.
7. Rossinsky S. B. On the inadmissibility of “pilot” charges in pre-trial proceedings in a criminal case // Siberian Legal Bulletin. – 2021. – No. 4 (95). – pp. 121-128.
8. Sementsov V. A. Suspicion in domestic criminal proceedings: history and modernity // Legal Bulletin of the Kuban State University. – 2023. – No. 1. – P. 101-108.
9. Smirnov A. V. Standards of evidence: relationship with presumptions and distribution of the burden of proof // Criminal process. – 2021. – No. 12 (204). – pp. 86-94.
10. Sopneva E. V. Possible types of suspicion in criminal proceedings // Problems of criminal prosecution in criminal proceedings at the present stage: Collection of materials of the interdepartmental scientific and practical round table, Stavropol, May 20, 2016 / Ed. A. D. Avetisyan. – Stavropol: SEQUOIA LLC, 2016. – P. 89-97.
11. Churakov A. N. Public interest: methodological foundations for the formation of a legal category // Bulletin of the Volga University named after V. N. Tatishchev. – 2020. – No. 2. Volume 1. – P. 80-89.
CRIMINAL PROCEDURE
POPENKOV Anton Valerjevich
senior lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, lieutenant colonel of police
NUIKIN Sergey Yurjevich
Ph.D. in historical sciences, senior lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, captain of police
DOBRINSKIY Vladimir Anatoljevich
associate professor of Fire training sub-faculty of the Educational and Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia, colonel of police
THE ACTIVITIES OF THE INVESTIGATOR TO COLLECT AND ESTABLISH THE CIRCUMSTANCES CONDUCIVE TO MAKING A DECISION ON THE INITIATION OF A CRIMINAL CASE ON THE GROUNDS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 314.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
In the article, the authors analyze the criminal and criminal procedural legislation, in terms of establishing the circumstances to be clarified when making a decision to initiate a criminal case for evading administrative supervision or repeated non-compliance with restrictions or restrictions established by the court in accordance with federal law. The current problems and ways of solving issues related to the decision-making by the investigator on the initiation of criminal cases of this category are described. The algorithm of practical application of the provisions of the current legislation is given, taking into account law enforcement practice to establish the circumstances to be proven in a criminal case related to a violation of administrative supervision.
Keywords: administration supervision, investigator, circumstances, investigative actions, place of residence, place of stay, activity of the investigator.
Bibliographic list of articles
1. Petrova O. V. Methodology for investigating evasion of administrative supervision by a person released from prison: abstract of thesis. …cand. legal Sciences: 02.12.12. – M.: Moscow State Law University named after O. E. Kutafin, 2022. – 28 p.
2. Materials of criminal case No. 85132, located in OD OP No. 1 of the Russian Ministry of Internal Affairs for the city of Vladivostok.
3. Materials of the criminal case No. 11701400005719189, located in the Russian Ministry of Internal Affairs for the Kirovsky district of St. Petersburg.
4. Criminal case No. 11701330014, located in the Omutninsky Department of the Ministry of Internal Affairs of Russia, Kirov Region.
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 USE OF COGNITIVE INTERVIEW IN CRIMINAL PROCEEDINGS
This article is devoted to the analysis of the method of memory activation – cognitive interview. This article examines the results of research proving the advantage of the cognitive interview technique over interrogation under hypnosis. A positive example of the use of cognitive interview in solving a crime is given. The author compares the methods of hypnosis and cognitive interview with each other.
Keywords: memory, hypnosis, interrogation, cognitive psychology, criminology, cognitive interview, eyewitness witnesses, victim.
Bibliographic list of articles
1. Obraztsov V. A., Bogomolova S. N. Forensic psychology. – M.: Publishing house: Unity-Dana, Law and Law, 2002. – 448 p.
2. Maev V.K., Danchenko S.A. Hypnosis as a scientific and mental state. [Electronic resource]. — Access mode: https://scienceforum.ru/2023/article/2018034597/comments.
3. The memory activation method helped solve a murder 20 years ago 02-02-2024 ren.tv.
CRIMINALISTICS
VINNICHENKO Alexander Sergeevich
Ph.D. in Law, associate professor, associate professor of the Volgograd branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
GRINCHENKO Sergey Viktorovich
senior lecturer of Fundamentals of forensic science sub-faculty of the Volgograd Academy of the MIA of Russia
FEATURES OF INSPECTION AND PRELIMINARY EXAMINATION OF MECHANICAL LOCKS AT THE SCENE
Locks are one of the most frequently seized objects during inspections of burglary sites. A preliminary examination of the locks during the inspection of the scene allows the investigator to put forward versions about the event of the crime, the methods of its commission. The results of the preliminary study of the locks also allow us to obtain investigative information for the disclosure and investigation of the crime in the “hot pursuit”. This article discusses the methods of breaking padlocks, describes the traces of tools used to break into the vault. The traces that carry information about the staged hacking are indicated. The features of the preliminary investigation of locks directly at the crime scene are considered. Attention is drawn to objects that can be used by traceologists to identify the hacking tool. The assessment of the detectable signs formed during the criminal opening of locks is given.
Keywords: burglary mechanism, burglary tools, door release, identification, microrelief, identification, padlock.
Bibliographic list of articles:
1. Kondakov A.V., Dontsov D.Yu. Expert study of mechanical locks: textbook. – Volgograd, 2018. – 103 pp.
2. Potashnik S.I. Forensic examination of locks. – M., 1969. – 252 pp.
3. Gerasimov A. M., Kapitonov V. E., Martynov V. V. [etc.]. Forensic investigation of traces of burglary of metal storage facilities: a textbook. – M.: VNKTs Ministry of Internal Affairs of the USSR, 1991. – 72 p.
4. Traceology and traceability examination: textbook / I. V. Latyshov, D. Yu. Dontsov, E. V. Kitaev [etc.]; edited by I. V. Latyshova. Volgograd: VA Ministry of Internal Affairs of Russia, 2022. 524 p.
5. Traceology and traceability examination: textbook / I. V. Kantor (responsible editor), V. A. Yarmak, N. Yu. Zhigalov, P. P. Smolyakov (responsible secretary). — M: VA IMC GUK Ministry of Internal Affairs of Russia, 2002. – 376 p.
6. Traces at the scene of the incident: A quick reference book / Ed. I. P. Karlina. – 2nd ed., revised. and additional – M.: State Economic Center of the Ministry of Internal Affairs of Russia, 2000. – 104 p.
7. Mechanical locks. A reference manual for forensic experts, service specialists and testers / E. N. Pozdnyakov, I. S. Nikitin, V. N. Skripkin [etc.]; edited by Yu. M. Dildina. – M., 2011. – 208 p.
CRIMINALISTICS
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
EXPLOSIVE DEVICES AS RESEARCH OBJECTS IN FORENSIC EXPLOSIVE ENGINEERING
The article analyzes the investigation of incidents related to explosions. Research and development of new methods for detecting and protecting against explosive devices is critical to ensuring public safety. When organizing and planning the investigation of criminal explosions, it is necessary to take into account the type of explosive devices, their characteristics and potential consequences. The article pays special attention to the classification of explosive devices. In addition, modern ammunition is considered, such as “strike core” ammunition and cluster ammunition, which make up a significant part of the ammunition of modern aviation and artillery and are widely used in all conflicts of recent decades.
Keywords: explosion, ammunition, explosive device, forensic explosive engineering, scene, object of expertise, explosive technical expertise.
Bibliographic list of articles
1. Forensic weapons science: textbook / E. B. Melnikov, A. V. Repin, L. V. Dolgushina [and others]. – Krasnoyarsk: SibYuI Ministry of Internal Affairs of Russia, 2023. – 88 p.
2. Motorny I. D. Explosive devices and their forensic examination. – 1997. – P. 8-17.
3. Motorny I. D. Theoretical and applied principles of using means and methods of forensic explosives in the fight against terrorism. – M.: Shumilova I.I., 1999. – 199 p.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
FEATURES OF THE INVESTIGATION OF CRIMES INVOLVING EXPLOSIVE DEVICES AND EXPLOSIVES
The investigation of crimes involving explosive devices and explosives is a complex and time-consuming process that requires highly qualified investigators, interrogators and experts. An important element of the investigation is the seizure of such devices or substances with minimal risk to the subjects of competent law enforcement agencies. The article analyzes the features of both the investigation of such crimes, as well as the use of physical research methods.
Keywords: explosive devices, explosives, investigation of crimes, crimes using explosive devices, investigation methods, expert, criminologist, features of crime investigation.
Bibliographic list of articles
1. The number of crimes using weapons in Russia has increased by almost 30%. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5681005 (date of access: 01/31/24).
2. In the Russian Federation in January, the number of crimes involving weapons and explosives increased by 50% (tass.ru). [Electronic resource]. – Access modea: https://tass.ru/obschestvo/17194813?ysclid=ls1a3y89oe725122541 (date of access: 01/31/24).
3. Kotkin P. N. Investigation of emergency incidents associated with explosions, fires and disablement of vehicles: monograph. – M., 2004. (date of access: 01/31/24).
4. Shavlyukevich G. L., Klimovich S. V. About explosive technical and explosive technological examinations // Forensic examination of Belarus. – 2016. – No. 2 (3). – pp. 18-20 (date of access: 01/31/24).
5. Bastrykin A.I. Forensics. Modern methods of forensic research: a textbook. – St. Petersburg: Olga LLC, 2003. (date of access: 01/31/24).
CRIMINALISTICS
KADIEV Hamid Rizvanovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
SEFIKURBANOV Kazimagomed Sefikurbanovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
SEARCH AND SEIZURE AS INVESTIGATIVE ACTIONS
This scientific article examines the importance and features of conducting a search and seizure as important investigative actions in the criminal process of the Russian Federation. The author analyzes the legislative norms concerning the conduct of search and seizure, as well as judicial practice and precedents related to these procedural measures. Special attention is paid to the rights and obligations of the parties during the search and seizure, as well as their role in ensuring the legality and objectivity of the investigation of crimes. The article also analyzes possible problems and shortcomings in the application of these investigative actions, as well as suggests ways to optimize them in order to ensure respect for the constitutional rights of citizens and ensure the effectiveness of criminal proceedings in the Russian Federation.
Keywords: search, seizure, criminal procedure, legislation, rights of the parties, judicial practice, constitutional rights.
Bibliographic list of articles
1. Zadvorny D. A. Search and seizure in criminal proceedings // Matrix of scientific knowledge. – 2019. – No. 10. – P. 80-84.
2. Lutsenko O. A., Drigola E. V. Personal search as an investigative action and personal search as a measure to ensure proceedings in an administrative offense case: comparative characteristics // Science and education: economy and economics; entrepreneurship; law and management. – 2020. – No. 10 (125). – pp. 131-134.
3. Maltseva A. Yu. Current issues of search and seizure // Law as the art of goodness and justice: collection of scientific works of the 3rd All-Russian scientific conference in memory of Doctor of Law, Professor O. G. Larina, Kursk, November 10 2022 / Southwestern State University; Union of Criminologists and Criminologists; Moscow State Law Academy named after O. E. Kutafin. – Kursk: Southwestern State University, 2022. – pp. 215-218.
4. Marisov A. A., Polovetsky O. I., Archakov M. Z. grounds for conducting a search // My professional career. – 2022. – T. 1. No. 37. – P. 100-106.
5. Fomichev S. M. Search and seizure as investigative actions // Trends in the development of science and education. – 2022. – No. 82-4. – pp. 120-123.
CRIMINALISTICS
LONSCHAKOVA Angella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
THEORETICAL AND METHODOLOGICAL FOUNDATIONS OF CRIMINALISTIC CRIME PREVENTION IN THE CONTEXT OF DIGITAL TRANSFORMATION OF SOCIETY
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 statistical data on the state of crime and empirical material indicates the insufficient role of criminology in ensuring crime prevention. Criminalistic provision of crime prevention in the context of the digital transformation of society is possible, to a large extent, on the basis of the development of conceptual foundations based on the theoretical prerequisites for the formation and on the research, resolution of methodological problems of theory . The theoretical and methodological foundations of criminalistic crime prevention are analyzed in dialectical unity.
Keywords: forensic support, crime prevention, theoretical background, methodological problems, digital transformation, dialectical unity.
Bibliographic list of articles
1. Averyanova T.V. Forensic examination. General theory course. – M.: Norma, 2009. – 480 p.
2. Aliev I. A. Problems of expert prevention. – Baku, 1991. – 311 p.
3. Akhlibinsky B.V., KrAinskaya E. B., Sichivitsa O. B., Shtoff V. A. The concept of “system” and its methodological significance. In the thematic collection: Methodological aspects of materialist dialectics. – Leningrad: Leningrad State University named after. A. A. Zhdanova, 1974. – P. 132.
4. Belkin R. S. Course of criminology in 3 volumes. T. 1. General theory of criminology. – M.: Yurist, 1997. – 408 p.
5. Boush G. D., Razumov V. I. Methodology of scientific research (in candidate and doctoral dissertations): textbook. – M.: INFRA-M, 2023. – 227 p.
6. Vinberg A. I., Malakhovskaya N. T. Forensic expertology (general theoretical and methodological problems of forensic examinations): textbook. – Volgograd: Higher Investigative School of the USSR Ministry of Internal Affairs. 1979. – 184 p.
7. 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.
8. Zudin V.F. Social crime prevention: criminological and forensic problems. – Saratov, 1983. – 188 p.
9. Ivanov I.I. Forensic prevention (comprehensive study of genesis, condition, prospects): dis. … Doctor of Law. – M., 2004. – 418 pp.
10. Kanevsky L. L., Luzgin I. M., Minkovsky G. M. Organizations and methods of investigating cases of juvenile crimes: a textbook. – M., 1982. – 68 p.
11. Kolmakov V.P. Identification actions of the investigator. – M., 1977. – 112 pp.
12. Luzgin I.M. Methodological problems of investigation. – M.: Legal. lit., 1973. – 216 pp.
13. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. – M.: “AZ”, 1995. – P. 572.
14. Reale D., Antiseri D. Western philosophy from its origins to the present day. Volume 4. From romanticism to the present day. – St. Petersburg: TK Petropolis LLP, 1997. – 880 p.
15. Rossinskaya E. R. Theory of forensic examination: textbook / E. R. Rossinskaya, E. I. Galyashina, Zinin A. M. / Ed. E. R. Rossinskaya. – M.: Norma: Infra-M, 2011. – 384 p.
16. Lonshchakova A. R., Lonshchakov A. A. Computer program “AUTOPROTOCOL”. Certificate of registration of a computer program No. 2024614431 dated February 26, 2024.
17. Makhtaev M. Sh., Yablokov N. P. Forensic prevention: history of formation, modern problems. – M., 2016. – 288 p.
18. Fridman I. Ya. Forensic examination and issues of preventing certain types of crimes: dis. … Doctor of Law. Sci. – M., 1973. – 408 p.
CRIMINALISTICS
MUSTAFINA Gulnara Mazhitovna
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE LIMITS OF USING THE TESTIMONY OF OPERATIONAL STAFF AS EVIDENCE
This article discusses the specifics of interrogation as a witness in a criminal case of an operational officer and other officials of a law enforcement agency within the framework of a preliminary investigation or during a court hearing. During the research, the analysis of judicial and investigative practice and the position of the Supreme Court of the Russian Federation was carried out. The limits of using the testimony of operational personnel as evidence in a criminal case have been determined.
Keywords: human and civil rights and freedoms, crime prevention, operational investigative measures, criminal proceedings, operational investigative activities, interrogation of operational law enforcement officials, interrogation of a witness, an operational officer, limits of the use of evidence.
Bibliographic list of articles
1. Nugaeva E. D., Imaeva Yu. B., Mursalimov A. T., Mustafina G. M. Investigation of crimes related to the illicit trafficking of narcotic drugs and psychotropic substances: a textbook. – Ufa: Ufa Judicial Institute of the Ministry of Internal Affairs of Russia, 2022. – 256 p. – Text: direct.
2. Zhilkin M. G. On the issue of the moment of the end of the crime // Siberian Legal Bulletin. – 2022. – No. 4 (99). – pp. 63-74.
3. Ivanov P. I., Kustov A. M. Peculiarities of using in proving the results of operational investigative activities in criminal cases // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (46). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-ispolzovaniya-v-dokazyvanii-rezultatov-operativno-razysknoy-deyatelnosti-po-ugolovnym-delam (date of access: 01/18/2024).
4. Murashkin I. Yu. The prosecution as the subject of proving innocence // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (68). – pp. 25-29.
5. What investigators and police officers can be questioned about in court: Position of the Supreme Court of the Russian Federation dated April 20, 2021. [Electronic resource]. – Access mode: https://vsrf.ru/press_center/mass_media/29884/
CRIMINALISTICS
POPOV Vladimir Anatoljevich
Ph.D. in Law, Head 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 of the Academy of the FPS of Russia
SEARCH AND COGNITIVE ACTIVITY OF THE INVESTIGATOR AT THE STAGE OF PRELIMINARY INVESTIGATION
This article reveals the content of the purpose and objectives of the investigator’s search and cognitive activity at the stage of preliminary investigation. One of the urgent tasks of criminology is to increase the effectiveness of the investigator’s search and cognitive activity in the disclosure and investigation of a criminal case. At the stage of the preliminary investigation, the investigator mainly solves the search and cognitive tasks of establishing the event of the crime and the person who committed it. After the identification and involvement of a person as an accused, the investigator collects evidence to confirm the facts that were established at the initial stage of the investigation. In the course of carrying out search and cognitive activities, the investigator establishes factual data of evidentiary value, and, conversely, in the process of proving, it often becomes necessary to carry out search and cognitive activities.
Keywords: criminalistic methodology, search and cognitive processes, the trace pattern of the crime, the mechanism of the crime, the investigation of a criminal case.
Bibliographic list of articles
1. Dikunov A.I. Forensic analysis of the trace pattern of the event under investigation with signs of a crime. Author’s abstract. dis. … Ph.D. – M., 2005. – P. 14.
2. Pristanskov V. D. Crime event as an object of forensic knowledge // Bulletin of St. Petersburg University. Right. – 2018. – No. 9 (1). – P. 79.
3. Krasnenko Yu. V. Forensic activity in solving search and cognitive problems in the investigation of crimes // Agrarian and land law. – 2019. – No. 6 (174). – P. 125.
4. Kornoukhov V. E. Methodology for investigating crimes: theoretical foundations. – M., 2012. – P. 108.
5. Zyuzina I.V. Identification of the trace pattern of crimes committed in conditions of non-obviousness // Law and Law. – 2020. – No. 7. – P. 170.
6. Gorbenko T.V. On the issue of determining search and cognitive investigative actions // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. – 2021. – T. 7 (73). No. 2. – P. 198.
7. Korma V. D. Some problems of crime investigation methods // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – No. 3. – P. 80.
CRIMINALISTICS
SEDOV Dmitry Vladimirovich
Ph.D. in technical sciences, associate professor of Control and supervisory activities sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
THE AMOUNT OF PROPERTY LIABILITY FOR ACCIDENTS OCCURRING IN THE AREAS BEING REPAIRED: THE PROBLEM OF DETERMINING AND SOLVING THE WAY
High intensity of road operation, significant loads and negative climatic conditions lead to the destruction of the road surface. Roads built in violation of technology are destroyed several times faster. All this affects the level of road safety: about 21% of road accidents in Russia occur due to unsatisfactory road conditions. In this regard, the volume of repair work increases every year, but the repaired areas, in the presence of violations of safety requirements, themselves become hotbeds of accidents. In such cases, responsibility for the accident lies with the road repair service and the driver. However, in expert practice, methods are not used that allow, from a technical point of view, to determine the amount of property liability of these parties. As a result, court decisions are characterized by a high degree of uncertainty. The development of such expert methods is a fairly urgent task.
Keywords: highway, road work, road accident, road conditions, road repair service, driver, theory of risk, property liability, proportions for damages.
Bibliographic list of articles
1. 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 p.
2. Construction of roads in Russia and China. // Spydell.Livejournal. [Electronic resource]. – Access mode: https://spydell.livejournal.com/639400.html/ (date of access: 09/21/2023).
3. Roads in Russia: there will be local roads if the governor and the mayor agree // RCMM. [Electronic resource]. – Access mode: http://rcmm.ru/dorozhnoe-stroitelstvo/40174-dorogi-v-rossii-mestnym-dorogam-byt-esli-gubernator-i-mer-dogovoryatsya.html (access date: 09/21/2023).
4. Decision of the Nadym City Court of the Yamalo-Nenets Autonomous Okrug dated November 26, 2010 in case No. 2-2029/2010 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 06/21/2023).
5. Decision of the Industrial District Court of Smolensk dated December 16, 2011 in case No. 2-2865/2011 Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/pNf3kpnDQQQL/ (date of access: 06/21/2023).
6. Decision of the Kataysky District Court of the Kurgan Region dated 03/02/2011 in case No. 2-5/2011 // Judicial and normative acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 06/21/2023).
7. On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation (latest edition). Federal Law of November 8, 2007 No. 257-FZ // Rossiyskaya Gazeta, No. 254, November 14, 2007. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_72386/ (date of access: 09/21/2023).
8. Stolyarov V.V. Risk theory in forensic technical examination of road accidents involving pedestrians (+ABS): monograph. – Saratov, 2010. – 340 pp.
9. Sirokhin A.I. Analysis of the main approaches to the study of the careless form of guilt and its types in the criminal law of Russia // Bulletin of the All-Russian Research Institute of the Ministry of Internal Affairs of Russia. – 2004. – No. 1. – pp. 63-74.
CRIMINALISTICS
KLYUEVA Yuliya Alexeevna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
EXPANSION OF THE CONCEPTUAL AND TERMINOLOGICAL APPARATUS OF FORENSIC EXAMINATION OF PSYCHOACTIVE SUBSTANCES AS A FORM OF CONCRETIZATION OF THE SUBJECT OF COGNITION
The article examines the conceptual apparatus of forensic examination of psychoactive substances, taking into account the provisions of normative acts regulating the circulation of narcotic drugs and psychotropic substances, and identifies the system of psychoactive substances that are objects of forensic examination. The comparison of departmental orders of three law enforcement agencies concerning the conduct of forensic examinations, including narcotic drugs and psychotropic substances, is given. A new name for the type of forensic examination is proposed, within the framework of which the study of psychoactive substances is carried out.
Keywords: conceptual apparatus of forensic examination, psychoactive substances, objects of forensic examination of narcotic drugs and psychotropic substances, departmental orders.
Bibliographic list of articles
1. Pigolkin A. S. Legal terminology and ways to improve it // Scientific notes. Scientific notes of VNIISZ. – M.: Publishing house VNIISZ, 1971, Issue. 24. – pp. 18-34.
2. Vladimirov V. Yu., Kovalev A. V., Sidorenko V. A. On the need to develop the basic provisions and conceptual and terminological apparatus of the emerging branch of scientific and practical knowledge “Pseudo-legal circulation of potentially hazardous materials, substances and products. Genesis, signs, prevention” // News of Saratov University. New episode. Series: Economics. Control. Right. – 2020. – T. 20. No. 2. – P. 181-186.
3. Vladimirov V. Yu., Gorbulinskaya I. N., Kovalev A. V. Forensic examination as a tool for identifying hybrid means of mass destruction of people // Collection of abstracts based on the results of the Professorial Forum 2019 “Science. Education. Regions”. – Moscow, 2019. – pp. 64-69.
4. Shlyakhov A. R. Classification of forensic examination // Sat. scientific tr. VNIISE “General teaching on forensic methods”. – Vol. 28. – M., 1977. – P. 16.
5. Rossinskaya E. R. Classification of forensic examinations in line with the standardization of forensic activities / Materials of the International Scientific and Practical Conference “Problems of classification of forensic examinations, certification and validation of methodological support, standardization of forensic activities” (Moscow, January 21, 2016 ). – M.: Prospekt, 2016. – P. 234-239.
6. Dyakonova O. G., Ivanova E. V. Classification of forensic examinations: expertological approach // Theory and practice of forensic examination. – 2022. – T. 17. No. 2. – P. 75-82.
7. Belkin R. S. Course of criminology: in 3 volumes. T. 2. Particular forensic theories. – Moscow: Lawyer, 1997. – 463 p.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associatee professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
SOME FEATURES OF THE DRUG SITUATION IN MODERN CONDITIONS (ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY)
Based on the totality of official statistics and the results of sociological surveys conducted in the Krasnoyarsk Territory during the annual monitoring of the drug situation in the Russian Federation, the article examines the features of the modern drug situation, taking into account the realities of the transformation of society. Some factors determining the expansion of drug trafficking in such periods of social development are being investigated. Attention is focused on the intensification of drug distributors’ co-option of new drug users among adult men and in social groups of the population who assess their financial situation as low-income.
Keywords: drug situation, anesthesia, drug addiction, monitoring of drug situation, causes of drug use, anti-drug prevention.
Bibliographic list of articles
1. Grigorenko D. E. Transformation of society and its uncontrollability // Central Russian Bulletin of Social Sciences. – 2011. – No. 3 (20). – P. 30-35.
2. Nevirko D. D., Teplyashin P. V., Stupina S. A. 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 (according to the results of sociological research) // Bulletin of the Siberian Legal Institute of the Federal Drug Control Service of Russia. – 2014. – No. 4 (17). – pp. 96-105.
3. The state of the drug situation in the Krasnoyarsk Territory according to the results of sociological research in the format of annual monitoring in 2022 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. 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 Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ASKHABAROVA Madina Eldarkhanovna
student of the 4th course full-time department, the direction of “jurisprudence” (bachelor’s degree) of the Dagestan State University, branch in Izberbash
ABAKAROVA Bika Gadzhishamkhalovna
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, the Department of Specialized Education of the Dagestan State University, branch in Izberbash
CRIMINOLOGICAL CHARACTERISTICS OF IATROGENIC CRIME AND THE MAIN DIRECTIONS FOR ITS PREVENTION
Iatrogenic crimes are socially dangerous, as the harm is caused by a person belonging to the sphere of medical services. The article analyzes the problems related to iatrogenic crime, gives the analysis of statistics, analyzes the reasons generating this crime, gives the characteristic of the personality of iatrogenic criminal. Criminological characterization of iatrogenic crimes, in fact, is the analysis and study of crimes that arise as a result of the activities of health care workers, including doctors, nurses and other health care personnel.
A necessary condition for the successful prevention of unintentional crimes by health workers is the creation of a sustainable legal framework, including a set of multi-level sources regulating the activities of various actors to prevent unintentional crimes, based on universally recognized international and national principles and provisions aimed at the effective protection of human health.
Keywords: iatrogenic crimes, causes of criminality, responsibility of medical workers, personality of the offender, directions of prevention
Bibliographic list of articles
1. Bimbinov A. A. Medical crimes: concept and status // Legal. Herald of Dagestan. state un-ta. 2019. T. 28. No. 4. pp. 136-140.
2. Bogomolova K. I., Kasaev I. Kh. On the issue of improving the activities of law enforcement agencies in identifying and preventing iatrogenic crimes // Bulletin of the State Law Academy. 2020. No. 1 (132). P. 181.
3. Kudakov A.V. Medical error and its criminal legal assessment: abstract. dis. …cand. legal Sci. Saratov, 2011. P. 13.
4. Official website of the Judicial Department of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://stat.api-press.rf/stats/ug/t/14/s/17 (access date: 01/10/2024)
LAW ENFORCEMENT AUTHORITIES
VALIAKHMETOV Ruslan Rasulevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA ofRussia
ULRICH Sergey Alexandrovich
Ph.D. in technical sciences, associate professor, Deputy Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
SAMIKOV Albert Zabirovich
lecturer of the Cycle of Cynology of the Ufa School for Training Cynologists of the MIA of Russia
PROBLEMATIC ASPECTS OF ENSURING THE PERSONAL SAFETY OF AN INTERNAL AFFAIRS OFFICER WHEN USING FIREARMS
The presented article is devoted to issues related to ensuring the personal safety of law enforcement officers when using firearms. The authors have made attempts to study the most problematic aspects that prevent the creation of the most favorable conditions and circumstances conducive to ensuring personal safety, consisting of two most important components: physical and psychological preparedness of a police officer. In addition, the most effective forms of development and improvement of the use of firearms and qualitative types of the educational process were proposed, which allowed employees of the internal affairs bodies of the Russian Federation to master and develop theoretical knowledge and practical skills.
Keywords: personal safety, police officer, firearms, physical and psychological aspect, “offhand”, “duel shooting”, “slow methods”, “express methods”.
Bibliographic list of articles
1. Akhiyarov R. A., Koshevets G. V. Ensuring the personal safety of an employee of internal affairs bodies // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 364-365. – EDN ZCITRR.
2. Goryun K. N. Shooting “offhand” as a set of actions with weapons that ensures the personal safety of a police officer in the event of fire contact // Current issues in the tactics of protecting public order and public safety: Collection of scientific articles Proceedings of the interuniversity scientific-practical conference, Irkutsk, January 27, 2017. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2017. – P. 28-32. – EDN YGHJGH.
3. Ponomarev N. N. Consolidating the skills of shooting from combat hand-held small arms among cadets studying in the specialization “Activities of special units of internal affairs bodies” // Current issues of improving the special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: Materials of the All-Russian Scientific and Practical Conference, Krasnodar, April 28, 2015 / Krasnodar University of the Ministry of Internal Affairs of Russia. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2015. – P. 254-258. – EDN VMWTGT.
4. Chunosov M. A., Taranin M. A. Psychological self-regulation as a condition for the successful fulfillment of operational and official tasks by an employee of internal affairs bodies // Problems of modern pedagogical education. – 2018. – No. 58-3. – pp. 371-373. – EDN YSTYZZ.
5. Nenashev L.N., Shapochansky V.N. Training in aiming during high-speed pistol shooting // Alley of Science. – 2018. – T. 2. No. 8 (24). – pp. 461-464. – EDN YLZCNF.
LAW ENFORCEMENT AUTHORITIES
GABDRASHITOVA Karina Irekovna
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
LAZAREVICH Maxim Viktorovich
senior of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
KUCHUMOV Dmitriy Vyacheslavovich
senior lecturer of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
BORMOTOV Igor Vladimirovich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
MODELING OF INDIVIDUAL REQUIREMENTS FOR EMPLOYEES OF THE DEPARTMENT OF INTERNAL AFFAIRS WHO CARRY OUT STATE PROTECTION, USING THE EXAMPLE OF PHYSICAL TRAINING OF OTHER SPECIAL UNITS
The use of a variety of tools and methods aimed at improving the physical development of an employee allows you to prepare for the most unexpected practical situations in which determination and courage are required to fight crime. Therefore, in order to successfully perform official duties, as well as assignments during the performance of special official operations, a future DIA employee must have a high level of physical qualities such as flexibility, strength, dexterity, speed and endurance.
Law enforcement officers are the main subject in ensuring the protection of public order and public safety, they need to continuously improve their skills and abilities in the field of self-defense and protection of citizens from threats to life and health.
Keywords: professional training, physical training, physical qualities, combat fighting techniques, physical qualities, state protection, hand-to-hand combat.
Bibliographic list of articles
1. On state protection of victims, witnesses and other participants in criminal proceedings: Federal Law of August 20, 2004 No. 119-FZ // Reference legal system “Garant”. – [Electronic resource]. – Access mode: https://base.garant.ru/12136633/ (access date: 02/20/2024). – Text: electronic.
2. Babin A.V., Mingulov I.R. Features of the formation of strength abilities among employees of the Department of Internal Affairs of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, Orel, June 23, 2022. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V.V. Lukyanova, 2022. – P. 30-33. – EDN OKKFHP.
3. Ivanov A. I., Mavropulo O. S., Tashchiyan A. A. [et al.] Studying the nature of attacks on police officers in the performance of official duties as the basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia // Scientists Notes from the University P. F. Lesgaft. – 2023. – No. 4 (218). – pp. 130-134. – DOI 10.34835/issn.2308-1961.2023.04.p130-135. – EDN EQRRUF.
4. Khorolsky V.V., Nadtoka S.V., Koloyago P.V., Babin A.V. Activities of police officers during the period of special administrative-legal regimes // Review of pedagogical research. – 2023. – T. 5. No. 2. – P. 33-36. – EDN DYKLKB.
LAW ENFORCEMENT AUTHORITIES
GUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHABAEV Vadim Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
TORGERSEN Alexander Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
METHODOLOGICAL GUIDELINES FOR ENSURING THE PERSONAL SAFETY OF POLICE OFFICERS DURING COMBAT IN URBAN CONDITIONS
Conducting small arms combat in urban environments is a tactically complex operation performed by law enforcement officers in an urban environment, often in conditions of dense buildings and the presence of civilians. This may include various tactics adapted to work in an urban environment to ensure safety and task completion. In this article, the authors will provide general instructions on ensuring the personal safety of police officers during small arms combat.
Keywords: police officers, shooting combat, urban conditions, personal safety.
Bibliographic list of articles
1. Vshivtsev S. Features of actions in urban conditions. [Electronic resource]. – Access mode: https://proza.ru/2011/01/14/536 (date of access: 12/10/2023).
2. Guseinov A. A. On the importance of psychological training of cadets of educational organizations of the Ministry of Internal Affairs of Russia for the use of firearms / A. A. Guseinov, V. I. Davletov // Current problems of the theory and practice of special training in internal affairs bodies: Collection of scientific articles. All-Russian Scientific and Practical Conference, Moscow, October 6, 2021. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2021. – P. 98-100. – EDN EZNTPY.
3. Guseinov A. A., Zhuravlev A. S. Taking into account dangerous places when developing alternate routes for the movement of a protected person when implementing the security measure “personal security” // Eurasian Legal Journal. – 2021. – No. 6 (157). – pp. 410-411. – EDN EEEELC.
4. Kopylov V.V., Semenov Yu.N., Demidov V.N., Close range combat – an innovation in the professional training of police officers // Psychology and pedagogy of service activities. – 2021. – No. 4. – P. 209-213. [Electronic resource]. – Access mode: https://doi.org/10.24412/2658-638X-2021-4-209-213 (access date: 12/15/2023).
5. Pavlov I.M. Tactics of a police officer during fire contact at close range // Almanac of modern science and education. – Tambov: Certificate, 2015. – No. 4 (94). – pp. 116-118. [Electronic resource]. – Access mode: https://www.gramota.net/materials/1/2015/4/28.html (access date: 12/15/2023).
LAW ENFORCEMENT AUTHORITIES
DAMINOV Ainur Aidarovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHOKHIN Vladimir Evgenjevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
PODKOVKA Svetlana Valerjevna
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia
PSYCHOLOGICAL BARRIERS WHENPREPARING TO SHOOT DURING FIRE TRAINING CLASSES
This article examines the psychological barriers that cadets encounter when preparing for shooting during fire training classes, and analyzes the main psychological aspects that influence the effectiveness of training and achievement of results in shooting training. Particular attention is paid to factors that cause psychological barriers, such as stress, anxiety, apathy, etc. Emphasis is placed on the need to perform special training that reduces the emotional tension of cadets.
Keywords: fire training, service in the police department, psychological barriers, emotional tension.
Bibliographic list of articles
1. Zarubina A. S. Psychological training of the shooter. – Barnaul, 2020. – P. 89.
2. Kudryavtseva R. A., Beltsev V. V. Psychological training of the shooter. In the collection. – Krasnodar, 2014. – P. 116.
3. Karimov A. A. On the readiness of a police officer to use firearms. – Kazan, 2017. – P. 137.
LAW ENFORCEMENT AUTHORITIES
ZABOLOTNYKH Alexander Alexandrovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
IMANGAZHINOV Dosbolat Toktubaevich
head of the cycle – lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia
NIKEROV Dmitriy Ivanovich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
STANDARD FACTORS INFLUENCING THE RESULTS OF SHOOTING EXERCISES IN FIRE TRAINING FOR STUDENTS IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses the most common problems of students in educational organizations of the Ministry of Internal Affairs of Russia related to fire training. There are also examples of eliminating shortcomings that arise during training. The issues of the need to acquire skills and abilities of fire training, as well as their application in practice, are disclosed. The authors of the article rightly point out that the main method of assessing the factors influencing the results of shooting exercises on fire in students in educational organizations The Ministry of Internal Affairs of Russia, which are typical from year to year, it is necessary to establish an algorithm of actions to solve this problem, which will facilitate the learning process and give better results. The authors have carefully analyzed the disadvantages of those methods that are used in the modern educational process and proposed alternative methods.
Keywords: fire training, police training, interactive learning tools, vocational training, educational organizations, the Ministry of Internal Affairs of Russia, cadets, trainees.
Bibliographic list of articles
1. Murtazin A. I. Specifics of teaching fire, physical and tactical-special training to students in educational organizations of the Ministry of Internal Affairs of Russia // Current issues of improving fire and physical training of students in educational organizations of the Ministry of Internal Affairs of Russia: collection of materials of the All-Russian Conference, Ufa, June 17, 2021 of the year. – Ufa Judicial Institute of the Ministry of Internal Affairs of Russia: Ufa Judicial Institute of the Ministry of Internal Affairs of Russia, 2021. – P. 86-88. – EDN ATCOYH.
2. Daminov A. A. Internal psychological state when shooting from a Makarov pistol of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // VIII All-Russian scientific and practical conference “Topical issues of improving special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia” 2021.
3. Zabolotnykh A. A. Some issues of improving fire training classes in the internal affairs bodies of the Russian Federation // Current issues of improving fire, physical and tactical-special training of students of educational organizations of the Ministry of Internal Affairs of Russia: collection of materials of the All-Russian Scientific and Practical Conference, Ufa, 16 June 2022. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022.
4. Order of the Ministry of Internal Affairs of Russia of November 23, 2017 No. 880 “On approval of the Manual on fire training in the internal affairs bodies of the Russian Federation.”
LAW ENFORCEMENT AUTHORITIES
GUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHABAEV Vadim Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
BAYKALOV Vladislav Alexandrovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
METHODOLOGICAL MATERIAL FOR TEACHING TACTICS OF POLICE OFFICERS IN THE CONDITIONS OF ATTACK BY UNMANNED AERIAL VEHICLES
An analysis of modern articles reflecting the results of research in various fields of science and technology indicates that the topic of the development and application of unmanned aerial vehicles (hereinafter referred to as UAVs or drones) occupies many researchers. According to the author, the topic of security should occupy an important place among the issues under consideration. In the event of an attack using a UAV, it is important for a police officer to take appropriate measures to protect himself and others. This article provides methodological material containing certain recommendations on tactics in such an attack.
Keywords: police officer, unmanned aerial vehicle, attack, security, tactics of action.
Bibliographic list of articles
1. Vechernikova D.V., Marina A.A. Current issues related to the use of unmanned aerial vehicles in law enforcement // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. 2022. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-svyazannye-s-primeneniem-bespilotnyh-vozdushnyh-sudov-v-pravoohranitelnoy-deyatelnosti (date of access: 12/05/2023).
2. Guseinov A. A., Karelkin E. N., Shabaev V. V. On the issue of tactical actions to combat cybercrime // Eurasian Legal Journal. – 2022. – No. 2 (165). – pp. 272-273. – EDN BEGXKV.
3. Semenova K. S. Assessment of the condition of underground engineering structures of the reclamation system using humidity maps obtained from remote sensing data of the earth using a DJI PHANTOM 4 MULTISPECTRA unmanned aerial vehicle // Nature Management. – 2023. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otsenka-sostoyaniya-podzemnyh-inzhenernyh-sooruzheniy-meliorativnoy-sistemy-s-pomoschyu-kart-vlazhnosti-poluchennyh-na-osnove (access date: 12/01/2023 ).
4. Tarasov Ya. O. Quadrocopters: design, construction and testing // News of Tula State University. Technical science. – 2023. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvadrokoptery-proektirovanie-konstruirovanie-i-ispytaniya (date of access: 12/01/2023).
5. Khaminsky Ya. M. International experience in countering attacks by combat unmanned aerial vehicles (UAVs) // Advances in law studies. – 2023. – Volume 11. – No. 2. [Electronic resource]. – Access mode: https://naukaru.ru/ru/nauka/article/67850/view (date of access: 12/01/2023).
LAW ENFORCEMENT AUTHORITIES
NIKITIN Alexander Igorevich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ARKHIPOV Evgeniy Vladimirovich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
ON THE ISSUE OF INNOVATIONS IN THE FIRE TRAINING OF LAW ENFORCEMENT OFFICERS
The article is devoted to some problems of firearms training in educational institutions of the Russian Ministry of Internal Affairs. The article discusses the need to improve the quality and efficiency of firearms training. It is also vital to increase the use of shooting simulators in firearms training classes, which increases training efficiency, reduces training time, and also ensures safety. The use of shooting simulators during fire training classes increases the effectiveness of training.
Keywords: firearms training, training, shooting simulators, electronic computer simulator “Sсatt”, laser shooting range “Rubin”, shooting skills, safety, muscle memory, shooting performance.
Bibliographic list of articles
1. Pershin A. T., Bolshakova V. A., Gusevskaya K. S. The use of “Rubin” shooting simulators in the professional training of police officers // Symbol of Science. – 2021. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-strelkovyh-trenazherov-rubin-v-professionalnoy-podgotovke-sotrudnikov-politsii (date of access: 01/20/2024).
2. Penkova I.V. Osipov O.O., Menshchikov M.P. Use of the shooting computer simulator “SCATT” in fire training classes // Innovative methods and educational technologies for training employees of internal affairs bodies: Collection of materials of the All-Russian Scientific and Practical Conference , Rostov-on-Don, September 26, 2018. – Rostov-on-Don: Rostov Law Institute of the Ministry of Internal Affairs of the Russian FederationDerations, 2018. – pp. 38-44. – EDN VWJJCQ.
3. Goncharov S.V., Didyk B.V. Modern shooting simulators and their complex application in the process of fire training of cadets of military universities // World of Education – Education in the World. – 2016. – No. 3 (63). – pp. 193-198.
4. Bulavin D. A., Posokhov A. V., Surmilo S. V. Application of modern technologies in training in shooting from military weapons. In the collection: topical issues of improving physical culture and sports. Articles of the Interuniversity Scientific and Practical Conference. – St. Petersburg, 2021. – pp. 40-45.
LAW ENFORCEMENT AUTHORITIES
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
AFANASKIN Pavel Vladimirovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ALEXEEV Artyom Vladimirovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMATIC ISSUES OF THE USE OF FIREARMS BY POLICE OFFICERS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article is devoted to the use of firearms in the internal affairs of bodies of the Russian Federation, and the authors propose a consistent solution to these problems. The role of a police officer is also noted, which is one of the key means of ensuring security, that is, the state of protection from external and internal threats, directly on the territory of the Russian Federation. The total scope of their powers and the legality of their actions together constitute a guarantee of the internal sovereignty of our State.
Keywords: police officer, service weapon, holster, grounds for the use of firearms, Makarov pistol, safety.
Bibliographic list of articles
1. Ablaev R. R., Ablaev A. R. The powers of Russian police officers to use firearms in comparison with the powers of police officers in the USA and Great Britain // International Journal of Humanities and Natural Sciences. 2020. pp. 106-108.
2. The Ministry of Internal Affairs is experiencing a shortage of police officers in key departments // TASS Information Agency: [website]. [Electronic resource]. – Access mode: https://tass.ru (date of access: 01/20/2024).
3. On the police: Federal Law of February 7, 2011 No. 3. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01/20/2024).
4. On approval of the Instruction on the procedure for issuing service combat hand-held small arms, ammunition and special equipment to employees of internal affairs bodies of the Russian Federation for permanent storage and carrying: Order of the Ministry of Internal Affairs of the Russian Federation of November 17, 1999 No. 938. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 01/20/2024).
5. They want to allow police officers to shoot to kill if there is a threat of attack // RIA Novosti online publication: [website]. [Electronic resource]. – Access mode: https://ria.ru (date of access: 01/20/2024).
6. Pyrchev S.V. Analysis of the practice of using firearms by employees of internal affairs bodies as a basis for modernizing legislation // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2021. pp. 74-86.
7. The Investigative Committee opened a criminal case after the defendant was attacked in Rostov-on-Don // RIA Novosti online publication: [site]. [Electronic resource]. – Access mode: https://ria.ru (date of access: 01/20/2024).
LAW ENFORCEMENT AUTHORITIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the Cycle of Cynology of the Ufa School for the Training of the Dog Hunglers of the MIA of Russia
ARKHIPOV Sergey Nikolaevich
associate professor of Fire training sub-faculty of the Tyumen Institute for Advanced Training of Employees of the MIA of Russia
PROBLEMS OF TRAINING EMPLOYEES OF INTERNAL AFFAIRS BODIES IN PRACTICAL SKILLS IN HANDLING FIREARMS. METHODOLOGY FOR DEVELOPING EMPLOYEE READINESS TO USE SERVICE WEAPONS
The article discusses the main directions for improving fire training of police officers in the current conditions. The practical activities of police officers involve their use of firearms, special means and physical force for the purposes and on the grounds provided for by the legislation of the Russian Federation. The law enshrines the law enforcement function of the police, which provides for ensuring law and order in the country by police officers serving to protect public order. Thus, often ensuring the legality of duty, a police officer uses physical force, special means and firearms. Efficiency and timeliness are the main criteria for assessing the level of preparedness of a police officer, by which his work can be assessed.
Keywords: fire training, crime control, security measures, law enforcement, law enforcement, official activities.
Bibliographic list of articles
1. Muzafin R.R. Current issues in the development of fire training in internal affairs agencies // Eurasian Legal Journal. – 2017. – No. 1 (104). – pp. 288-289. – EDN XXRKOR.
2. Petrov P. S. Problematic aspects of improving fire training for government employees // Current problems of the state and society in the field of ensuring the rights and freedoms of man and citizen (dedicated to the adoption of the Universal Declaration of Human Rights): collection of materials of the International Conference, Ufa, December 08, 2022 . – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 277-281. – EDN DEPNTJ.
LAW ENFORCEMENT AUTHORITIES
SOBOLEV Andrey Georgievich
Head of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
IMANGAZHINOV Dosbalat Toktaubaevich
Head of the cycle – lecturer of the Cycle of Cynology of the Ufa School for the Training of Cynologists of the MIA of Russia
ON THE PROBLEMS OF ENSURING INFORMATION SECURITY OF EMPLOYEES OF INTERNAL AFFAIRS BODIES
This article discusses some information security issues. Ensuring information security is the main activity of employees of the internal affairs bodies (hereinafter referred to as the Department of Internal Affairs). The significance of this issue is explained by the fact that due to a number of circumstances, for example, related to active hacker attacks, as well as negligent actions of law enforcement officers themselves and other reasons, both the professional reputation and personal safety and the safety of close relatives of a police officer are at risk. Within the framework of this article, the most relevant aspects of ensuring the information security of an internal affairs officer are considered, including common causes of information attacks, conditions and circumstances that create security threats, as well as the most optimal solutions to the stated problem .
Keywords: professional and personal security, information security, police officers, law enforcement agencies, challenges and threats, hacker attacks.
Bibliographic list of articles
1. Zavgorodniy E. N. Development of a system for ensuring information security in internal affairs agencies // StudNet. – 2021. – No. 7. – P. 811-821.
2. Bakulin V. M. On some aspects of ensuring information security by employees of internal affairs bodies // Scientific portal of the Ministry of Internal Affairs of Russia. – 2018. – No. 1. – P. 121-126.
3. Kobeleva N. A. Modern information technologies in law enforcement // Young scientist. – 2022. – No. 18. – P. 279-283.
LAW ENFORCEMENT AUTHORITIES
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
NIKIFOROV Pavel Vasiljevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul law Institute of the MIA of Russia
PROFESSIONAL QUALITIES OF A POLICE OFFICER OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article reveals the basic requirements for a citizen to enter the service of the internal affairs bodies. First of all, these are the medical indicators of a person, his physical qualities, and the candidate must also have a high level of intelligence, flexibility of thought processes, creative thinking, observation, the ability to predict, developed intuition and good memory. The ability to take responsibility for the fate of another person.
Keywords: public order, psychological stability, personal qualities, law enforcement, police officer, law, firearms.
Bibliographic list of articles
1. Scientific article “On the issue of personal qualities of police officers” M. M. Osmanov. [Electronic resource]. – Access mode: https://cyberleninka.ru.article/n/k-voprosu-o-lichnostnyh-kachestvah-sotrudnikov-politsii/viewer (Date of access: 12.12.2023).
2. Professional training of police officers: Textbook in 2 hoursAstyakh / V. A. Galitkov, O. A. Zelenina, A. V. Korkin [and others]. Volume Part 2. – 2nd edition, revised and expanded. – Moscow: Department of Civil Service and Personnel of the Ministry of Internal Affairs of Russia, 2017. – 472 p. – EDN URSUII.
3. Murtazin A.I. Moral and psychological training of military personnel // Eurasian Legal Journal. – 2017. – No. 1 (104). – pp. 344-345. – EDN XXRKWJ.
4. Professional training of police officers: A textbook in 4 parts for cadets and students of educational organizations of the Ministry of Internal Affairs of Russia, employees of internal affairs bodies of the Russian Federation / R. V. Karamelsky, V. Yu. Baturin, D. A. Novokhatsky [and others]. Volume Part 2. – Moscow: Department of Civil Service and Personnel of the Ministry of Internal Affairs of Russia, 2020. – 360 p. – EDN TLAQMJ.
5. Muzafin R. R., Nikiforov P. V., Ten N. A. Practice-oriented approach to fire training classes // Eurasian Legal Journal. – 2021. – No. 3 (154). – pp. 410-411. – EDN AKQAME.
LAW ENFORCEMENT AUTHORITIES
YAKUSHEV Alexey Vadimovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
KUZMICHEV Yuriy Vladimirovich
lecturer of Fire and tactical-special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VINOKUROV Vitaliy Nikolaevich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Trans-Urals, Tyumen
USE OF BALLISTIC CALCULATORS IN TRAINING FREE SNIPER TEAM
The article presents the results of a study, the purpose of which was to theoretically substantiate the effectiveness of the proposed technology for using ballistic calculators in the training of freelance sniper teams of the Russian Ministry of Internal Affairs. An option is presented for modernizing traditional methods and didactic teaching aids, which are poorly correlated with the practice of using innovative information systems that can fill the gap in the methodological and pedagogical aspects of training employees of freelance sniper groups. The proposed assumption requires empirical verification, however, already at the present stage of the study, it becomes obvious that the research results can be applied in the practice of organizing the pedagogical process in order to achieve and maintain a high level of staff preparedness, the components of which are professional knowledge and sniper skills, which together allow solving problems in a variety of conditions the current operational situation.
Keywords: freelance sniper groups, professional skills, fire training, ballistic calculators.
Bibliographic list of articles
1. Gilev A. M., Kornoukhov M. E. Sniper training. Selection of candidates for sniper groups // Current problems of improving the skills of handling a machine gun (carbine) among law enforcement officers: a collection of materials from an international scientific and practical seminar held as part of the XII annual tournament named after. M. T. Kalashnikov in shooting from a machine gun (carbine) / Under the general. ed. S. M. Smoleva (Ryazan, Academy of the Federal Penitentiary Service of Russia, September 27, 2018). – Ryazan: Academy of Management and Law of the Federal Penitentiary Service of Russia, 2018. – pp. 89-94.
2. Boklashov V. N., Shpagin Yu. B., Boklashov N. M. Assessing the degree of risk of fighters of the anti-terrorist unit in the context of countering shooters and snipers of terrorist groups // Youth. Education. The science. – 2020. – No. 1 (15). – pp. 114-119.
3. Gagarin K. E., Tumakov N. N., Guzhvenko E. I. Application of electronic training devices in the sniper training system // Science and education of the XXI century: materials of the X international scientific-practical conference / Ed. A. G. Shiryaeva, A. D. Kuvshinkova (Modern Technical University, Ryazan, October 28, 2016). – Ryazan: Autonomous non-profit organization of higher education “Modern Technical University”, 2016. – P. 10-12.
4. Guzhov E. A., Lyashenko V. N. Problems of training snipers in the departments of the Department of Internal Affairs of the Ministry of Internal Affairs of Russia // Scientific and methodological problems of training instructors and pedagogical personnel in combat and physical training for internal affairs bodies: collection of materials of the VI interuniversity scientific and practical conference / Under general ed. L. I. Timoshenko, S. N. Kashina (Stavropol branch of the Krasnodar University of the Ministry of Internal Affairs of Russia, Stavropol, April 5, 2013). – Stavropol: Publishing House “Graf”, 2013. – P. 219-223.
5. Levshin R. B. Some issues of field training of a sniper // Ensuring human rights in the activities of law enforcement agencies: a collection of scientific works. – Tver: Tver State University, 2019. – pp. 157-163.
SAFETY AND LAW
ANISIMOV Sergey Leonidovich
Ph.D. in technical sciences, associate professor of Physics and radioelectronics sub-faculty of the Voronezh Institute of the MIA of Russia
SITNIKOV Kirill Alexeevich
Ph.D. in Law, senior lecturer of Theory of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ISSUE OF THE CONCEPT OF “CRIMES IN THE FIELD OF HIGH TECHNOLOGY”
The rapid development of scientific and technological progress entails not only positive changes in production, spiritual life, etc. but also some negative consequences. The latter include the spread of high-tech crime. However, despite this, modern legal science and practice have not yet developed a unified approach to defining the concept of “crimes in the field of high technology”. The article analyzes the content of this category, as well as its relationship with “cybercrime”, “computer crimes”, “crimes in the field of computer information”. The source basis is the works of Russian scientists, as well as normative legal acts related to the activities of the Ministry of Internal Affairs of Russia, as well as a number of sources of international law. The authors’ conclusions are visualized using Euler circles.
Keywords: crimes in the field of high technology, computer crimes, cybercrime, fighting crime, Interpol.
Bibliographic list of articles
1. Mazurov V. A. Crime in the sphere of high technologies: concept, general characteristics, trends // Bulletin of Tomsk State University. – 2007. – No. 300-1. – pp. 151-154.
2. International cooperation within the framework of Interpol in combating crimes in the field of high technologies: educational and methodological manual / A. V. Kirnos, V. A. Kolesnikov, K. A. Sitnikov [and others]. – Voronezh, 2023. – 80 p.
3. Nikerov D. M., Khokhlova O. M. Crimes in the sphere of high technologies in modern Russia // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (89). – pp. 82-93.
4. Kopylov V. A. Information law: questions of theory and practice. – M.: Yurist, 2003. – P. 612–614.
5. Lyapunov Yu. I., Maksimov V. M. Responsibility for computer crimes // Legality. – 1997. – No. 1. – P. 8-15.
6. Korotkikh N. N., Ostanin M. D. On the issue of the relationship between the concepts of “crime in the field of computer information” and “computer crime” // Asia-Pacific region: economics, politics, law. – 2018. – T. 20. – No. 3. – P. 69-77.
7. Popov A. N. Crimes in the field of computer information: textbook. – St. Petersburg, 2018. – 67 p.
8. Butusova L. I. On the issue of cybercrime in international law // Bulletin of Economic Security. – 2016. – No. 2. – P. 48-52.
9. Ishchuk Ya. G., Pinkevich T. V., Smolyaninov E. S. Digital criminology: textbook. – Moscow, 2021. – 244 p.
10. Fomenko A. I. On the issue of criminal legal protection of the sphere of high technologies as a necessary condition for stable regional development // Intellectual resources for regional development. – 2015. – No. 1–5. – pp. 217-222.
11. Anosov A.V. The use of blockchain technology in the process of forming and recording criminological information // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – T. 9. No. 2. – P. 111-115.
12. Shevko N. R. Features of detection and investigation of cybercrimes: problems and ways to solve them // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2016. T. 1. – No. 1 (1). – pp. 13-16.
13. Chirkov D.K., Sarkisyan A.D. Crime in the sphere of high technologies: trends and prospects // National Security. – 2013. – No. 1 (24). – pp. 25-32.
14. Dorovskikh L. A. Crimes in the sphere of high technologies // Cybercrime. – 2016. – No. 4 (28). – pp. 240-243.
15. Komarov A. A. On the criteria of public danger, crimes in the field of high technologies // Current issues of law, economics and management: collection. Articles IX International scientific-practical conf. – Penza, 2017. – pp. 243-245.
16. Anosov A.V., Kashapova E.S. The concept of crimes in the sphere of high technologies // Academic thought. – 2018. – No. 4 (5). – pp. 15-19.
SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ZAYTSEV Andrey Gennadjevich
lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia, Irkutsk
KOVALEV Timur Vitaljevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
PROTECTION OF CRITICAL INFORMATION INFRASTRUCTURE AS AN ELEMENT OF THE NATIONAL SECURITY OF THE RUSSIAN FEDERATION
Due to the widespread use of new information technologies, there is a need for more careful control over the information security of critical information infrastructures, since they are the basis for ensuring the vital activity of society and the state.
Keywords: national security, critical information infrastructure, information security, cyber incident.
Bibliographic list of articles
1. Truntsevsky Yu. V. Unlawful influence on critical information infrastructure: criminal liability of its owners and operators // Journal of Russian Law. – 2019. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nepravomernoe-vozdeystvie-na-kriticheskuyu-informatsionnuyu-infrastrukturu-ugolovnaya-otvetstvennost-ee-vladeltsev-i-ekspluatantov (date of access: 09/18/2023).
2. Duvayarova S. A. K. Problems of qualification of unlawful influence on the critical information infrastructure of the Russian Federation // E-Scio. – 2022. – No. 7 (70). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kvalifikatsii-nepravomernogo-vozdeystviya-na-kriticheskuyu-informatsionnuyu-infrastrukturu-rossiyskoy-federatsii (date of access: 09/18/2023).
3. Tidy D. Hacker tried to poison the water supply in Florida. 15 thousand people could become victims // BBC News 02/09/2021. [Electronic resource]. – Access mode: https://www.bbc.com/russian/news-55996116 (date of access: 09/18/2023).
4. Trefilov V. Hackers demanded 20 million dollars from the Irish medical service // RIA Novosti 05.19.2021. [Electronic resource]. – Access mode: https://ria.ru/20210519/khakery-1733001501.html (date of access: 09.18.2023).
SAFETY AND LAW
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
WHY IS A NEW LAW “ON FORENSIC ACTIVITIES” NEEDED? (PART 1)
In 2001, a federal law was adopted regulating state forensic activity – Federal Law dated May 31, 2001 No. 73-FZ “On state forensic activity in the Russian Federation”. Judicial and investigative practice faces many difficulties associated with the production of forensic examinations. The article makes an attempt to systematize the problems and shortcomings of the law mentioned above, which regulates the activities of forensic institutions providing examinations, and which must be taken into account for the adoption of a new law “On Forensic Expert Activities.”
Keywords: federal law, forensic activity, expert, state and non-state expert activity, research methodology.
Bibliographic list of articles
1. Disadvantages in organizing the activities of forensic experts. [Electronic resource]. – Access mode: https://fparf.ru/news/fpa/nedostatki-v-organizatsii-deyatelnosti-sudebnykh-ekspertov/ (Date of access: 02.17.2024).
2. Amendments to the draft federal law No. 306504-6 “On forensic activities in the Russian Federation”, introduced by the Government of the Russian Federation, adopted by the State Duma in the first reading on November 20, 2013. [Electronic resource]. – Access mode: https://srosovet.ru/press/news/221123/ (Date of access: 02.19.2024).
3. List of types (types) of forensic examinations performed in federal budgetary forensic institutions of the Ministry of Justice of Russia: Appendix No. 1 to the order of the Ministry of Justice of the Russian Federation dated April 20, 2023 No. 72 “On approval of the list of types (types) of forensic examinations performed in federal budgetary forensic institutions of the Ministry of Justice of Russia, and the List of expert specialties for which the right to independently conduct forensic examinations in the federal budgetary forensic institutions of the Ministry of Justice of Russia is granted.” [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1301402797 (Date of access: 02/19/2024).
4. List of types (types) of forensic examinations carried out in the forensic units of the internal affairs bodies of the Russian Federation: Appendix No. 2 to the order of the Ministry of Internal Affairs of Russia dated June 29, 2005 No. 511 (from the current edition) “Issues of organizing the production of forensic examinations in forensic examinations divisions of the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_55315/171f22ad9900f6b9d88242eab4a97f23c815fb19/ (Date of access: 02.19.2024).
5. On state forensic activity in the Russian Federation: federal. Law of May 31, 2001 No. 73-FZ (as amended) // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru/12123142/ (Date of access: 02/19/2024).
6. On approval of the Instructions for organizing the production of forensic examinations in federal bureausjet forensic institutions of the Ministry of Justice of the Russian Federation: order of the Ministry of Justice of the Russian Federation dated December 28, 2023 No. 404. [Electronic resource]. – Access mode: https://base.garant.ru/408323575/#block_1000 (Access date: 02/19/2024).
7. On state protection of victims, witnesses and other participants in criminal proceedings: federal. Law of August 20, 2004 No. 119-FZ. [Electronic resource]. – Access mode: https://base.garant.ru/12136633/741609f9002bd54a24e5c49cb5af953b/ (Access date: 02/19/2024).
SAFETY AND LAW
CHERNOZEMOVA Yana Vadimovna
postgraduate student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
DEMIDOV Vladimir Pavlovich
Ph.D. in philosophical sciences, associate professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
THE MAIN DIRECTIONS OF COUNTERING INTERNATIONAL TERRORISM IN THE CONCEPT OF NATIONAL SECURITY OF THE RUSSIAN FEDERATION
The article examines the main directions of activity of the Russian Federation within the framework of ensuring national security in countering international terrorism. The system of legal acts regulating the provision of national security in the Russian Federation, the legal basis for the Russian Federation’s counteraction to international terrorism are analyzed, and the concepts of national security and international terrorism are explored.
Keywords: countering terrorism, national security, international terrorism, threat to national security.
Bibliographic list of articles
1. Kuleshov R.V. Typical investigative situations in cases of crimes in the field of extremist and terrorist activities // Forensics: yesterday, today, tomorrow. – 2020. – No. 4 (16). – pp. 46-53.
2. On information, information technologies and information protection: federal law of July 27, 2006 No. 149-FZ // Collection of legislation of the Russian Federation. – 07/31/2006. – No. 31 (part I). – Article 3448.
3. On security: federal law of December 28, 2010 No. 390-FZ // Russian newspaper. – No. 295. – 12/29/2010.
4. On the National Security Strategy of the Russian Federation: Decree of the President of the Russian Federation dated July 2, 2021 No. 400 // Collection of legislation of the Russian Federation. – 07/05/2021. – No. 27 (part II). – St. 5351.
5. Pidzhakov A. Yu., Bayramov Sh. Political violence and international terrorism: Monograph. – LAP LAMBERT Academic Publishing. – 2011. – 308 p.
6. Pidzhakov A. Yu. Legal regulation of the fight against terrorism in Russia at the beginning of the 21st century. – St. Petersburg: SPbSPU Publishing House, 2010. – P. 320-326.
7. “Concept of public safety in the Russian Federation” (approved by the President of the Russian Federation on November 14, 2013 No. Pr-2685).
8. On measures to improve public administration in the field of countering terrorism (together with the Regulations on the National Anti-Terrorism Committee): Decree of the President of the Russian Federation dated December 26, 2015 No. 664 // Collection of Legislation of the Russian Federation. – December 28, 2015. – No. 52 (part I). – St. 7591.
9. Volchetskaya T. S., Osipova E. V., Avakyan M. V., Viktorov A. A. Synergy of digital technologies and graphic modeling in forensic counteraction to the spread of the ideology of extremism and terrorism among youth // Bulletin of Tomsk State University. – 2021. – No. 431. – P. 215-222.
10. Kochoi S. M. Countering terrorism: politics and law // Bulletin of SUSU. Series: Law. – 2018. – No. 1. – P. 110-114.
SAFETY AND LAW
JAMALOV Dzhabrail Magomedvalievich
magister student of the 2nd year of correspondence studies of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
JAMALOVA Rashiyakhanum Izmutdinovna
magister student of the 2nd year of correspondence studies of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
EXTREMISM AND EXTREMIST ACTIVITIES
The relevance for the topic of this work is due to the fact that the manifestation of extremism is an integral attribute of social processes and has haunted all of humanity throughout its centuries-old history. At the present stage of development of society, characterized by globalization, the formation of a huge information space and the emergence of powerful destructive technologies, extremism is becoming a problem requiring criminal consequences.
Modern Russian society is undergoing a transformation of values associated with the modernization of social life. The process of globalization in the economic, political and cultural spheres has such consequences as the involvement of people from different countries in migration flows of various types and levels, the complexity of structural ties within individual societies and communities as a whole. All these factors, to one degree or another, stimulate tension in interethnic relations and are accompanied by interethnic conflicts. The purpose of the work is to determine the role and significance of extremism in society.
Keywords: extremism, criminal prosecution, extremist activity, subjects.
Bibliographic list of articles
1. Danilyuk A. L. Prevention of extremism in the youth environment. – Text: direct // Materials of the international scientific and practical conference. – 2017. – pp. 21-24.
2. Fridinsky S.N. The concept of extremism and the main directions of the fight against it. – Text: direct // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2008. – No. 3. – P. 59-61.
PEDAGOGY AND LAW
AMELICHKIN Artem Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of Social and cultural activities and pedagogy sub-faculty of the Orel State Institute of Culture
PATRIOTIC EDUCATION OF THE YOUNG GENERATION IN CULTURAL INSTITUTIONS
The author of the study examines the patriotic education of the younger generation in cultural institutions. Joint leisure activities and communication that take place in cultural institutions as part of the implementation of musical cultural and leisure programs represent a unique environment that allows optimizing the process of patriotic education of children, adolescents and young people. The experience of implementing the musical project “Not a step back. The History of a Feat”, dedicated to the feat of the Soviet warrior during the Great Patriotic War, as well as the feat of the modern Russian Army and Navy, describes its pedagogical potential in the modern process of patriotic education of the younger generation. The socio-cultural significance of the use of musical cultural and leisure programs in the patriotic education of children, adolescents and young people at cultural institutions has been proven.
Keywords: musical cultural and leisure program, musical project, patriotic education, leisure, socio-cultural activities.
Bibliographic list of articles
1. Amelichkin A.V. Development of organizational and managerial abilities of student youth within the framework of extracurricular activities // Education and cultural space. – 2021. – No. 1. – P. 7-13.
2. Amelichkin A.V., Usov A.V. Showing films as a means of patriotic education // Eurasian Legal Journal. – 2023. – No. 5 (180). – pp. 421-423.
3. Vladimir Putin “On Patriotism.” [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/27877 (access date: 02/01/2024).
4. Voronin I. I. Educational potential of musical and entertainment programs as a special type of cultural and leisure programs in cultural institutions // Education and Society. – 2019. – No. 2 (115). – pp. 68-71.
5. Kiseleva T. G., Krasilnikov Yu. D. Social and cultural activities: Textbook. – M.: MGUKI, 2004. – 272 p.
6. Markova L. V., Shamina L. V. Directing a folk song: a methodological guide. – M.: VNMC NT and KPR, 1984. – 73 p.
7. MBUK “GDK Sovetsky district”: official website. [Electronic resource]. – Access mode: https://gdk32.ru/ (date of access: 02/05/2024).
8. “Not a step back. History of a feat”: official website. [Electronic resource]. – Access mode: https://xn--80aaakhqd3bd3duc.xn--p1ai/ (access date: 02/03/2024).
9. Nikolaeva T.V. Civil-patriotic education as a priority direction of the education system // Quality of professional education: new prospects: materials of the Interregional scientific-practical online conference. – Gatchina: State Institute of Economics, Finance, Law and Technology, 2021. – P. 141-148.
PEDAGOGY AND LAW
GLUBOKIY Vladimir Anatoljevich
Ph.D. in pedagogical sciences, Deputy Head of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, colonel of police
KHAKIMOV Erik Rishatovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Ininstitute of the MIA of Russia, captain of police
THE USE OF INTERACTIVE TEACHING METHODS IN THE TRAINING OF CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article examines the difference between interactive, passive and active teaching methods in universities of the Ministry of Internal Affairs of Russia. The authors note that despite the significant advantages, today there are several potential difficulties that teachers may face when using interactive teaching methods. The authors pay special attention to the peculiarities of using the business (role-playing) game method, the case method, virtual reality technologies, etc. 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.
Article bibliographic list
1. Active and interactive educational technologies (forms of conducting classes) in higher education: textbook. allowance / Comp. T. G. Mukhina. – N. Novgorod: NNGASU, 2013.
2. Egshatyan M.I., Titova E.R. Interactive teaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 02.19.2024).
3. Karachaev A. R. Interactive methods of legal teaching // Problems of modern pedagogical education. – 2021. – No. 70-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-pravovogo-obucheniya (date of access: 02.19.2024).
4. Koraboev M. Kh., Begimkulov T. K., Muminov Kh. A., Turdimuratov B. K., Begamova N. Interactive teaching methods // Eurasian scientific journal. – 2018. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-2 (date of access: 02.19.2024).
5. Popova S. A., Baglaeva E. M. The use of interactive methods for teaching bachelors in the disciplines of the criminal law cycle at the Nizhny Novgorod Law Academy // Bulletin of the Nizhny Novgorod Law Academy. – 2017. – No. 13. – P. 70-74.
6. Fozilova M. A. Interactive teaching methods at university // Economics and society. – 2022. – No. 9 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-v-vuze (date of access: 02.19.2024).
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ASPECTS OF THE FORMATION OF SPIRITUAL AND MORAL VALUES AMONG JUVENILE CONVICTS IN THE PROCESS OF EDUCATIONAL ACTIVITY
This article analyzes the main aspects of the spiritual and moral education of juvenile convicts during educational activities on the territory of a correctional institution. Attention is drawn to the wide possibilities of integrating religious education into the general educational process on the territory of correctional institutions. The peculiarities of using such a method of education as group trainings, which have a positive effect on the spiritual and moral education of convicts, were also considered.
Keywords: convict, morality, spiritual qualities, religion, educational process.
Bibliographic list of articles
1. Boldyreva O. E., Bugakova T. M. Socio-psychological correction of moral values of adolescents who have come into conflict with the law // Challenges of the new reality in education and science. – 2020. – P. 71.
2. Zorina N. S. Formation of spiritual and moral values of juvenile convicts // Penitentiary security: national traditions and foreign experience: Materials of the All-Russian scientific and practical conference with international participation, Samara, June 01–02, 2023. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2023. – P. 87-88.
3. Priest A. and others. Educational opportunities for spiritual and moral education of convicted minors // Great feat of the people in protecting the Fatherland: milestones of history. – 2020. – pp. 218-223.
4. Kuznetsova I. A. Educational process as the basis for the formation of moral stability of juvenile convicts // Penitentiary social and psychological work: problems and prospects. – 2019. – pp. 82-87.
5. Maistrenko G. A. Moral education as one of the directions of educational effortsEffect on juvenile convicts // Law and practice. – 2017. – No. 3. – P. 68-72.
6. Tsarkova E. G., Zorina N. S. Determinants of juvenile delinquency and personality traits of a minor offender // Eurasian Legal Journal. – 2023. – No. 11 (186). – pp. 427-428.
PEDAGOGY AND LAW
KURAPINA Ekaterina Valerjevna
Ph.D. in pedagogical sciences, associate professor of Socio-Cultural activities and pedagogy sub-faculty, Dean of the Faculty of Socio-Cultural Activities of the Oryol State Institute of Culture
SOLOUKHINA Evgeniya Vladislavovna
Head of the Department of Support for Youth Projects and Initiatives of the “Oryol Regional Youth Center Polet”, lecturer of Socio-cultural activities and pedagogy sub-faculty of the Oryol State Institute of Culture
REALIZATION OF THE VOLUNTEER POTENTIAL OF THE OREL REGION: PROBLEMS AND PROSPECTS
The article discusses the prospects for realizing the volunteer potential of the Oryol region. The authors note the general features of the concept of “volunteering”, as well as the key characteristics of volunteer activity. The description of the Roadmap “The standard of support for volunteerism in the Orel region” is given as the most effective form of development of volunteer activity. The authors analyze the problems that arise in the way of implementing the development of the volunteer movement in the Orel region. The results and conclusions of a study conducted among residents of the Orel region registered on the portal are presented. The article presents in detail the program “Cultural Volunteers” developed by the authors and the main activities implemented within the framework of the federal project “Creative People” of the national project “Culture”.
Keywords: civil society, social activity, volunteers, volunteer movement, roadmap, Cultural Volunteers program.
Bibliographic list of articles
1. Kurapina E. V. Innovative technologies of social and cultural activities as a means of forming social activity of youth: a synergetic approach // Bulletin of Tambov State University. Ser.: Humanities. – 2012. – Issue. 10 (114). – pp. 216-221.
2. Males L. V. Conceptualization of sociocultural analysis in the sociological study of the culture of society (statement of the problem). Electronic library Civil society in Russia. – P. 28-32. – [Electronic resource]. – Access mode: http://www.civisbook.ru/files/File/Malec.pdf (access date: 09/02/2023).
3. Pevnaya M.V. Volunteerism management: international experience and local practices: Ministry of Education and Science of Russia. Federation, Ural. federal University named after the first President of Russia B. N. Yeltsin, Institute of State. management and entrepreneurship. – Ekaterinburg: Ural Publishing House, University, 2016. – 434 p. – [Electronic resource]. – Access mode: http://elar.urfu.ru/bitstream/10995/37792/1/978-5-7996-1677-9_2016.pdf (date of access: 09/02/2023).
4. Taratorin E.V. Specifics of organizing volunteer activities of students at a cultural university // Samara Scientific Bulletin. – 2023. – T. 12. No. 1. – P. 303-309.
PEDAGOGY AND LAW
POPOVA Anastasiya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Human resources 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 Lieutenant General of Militia A. N. Sergeev International Interdepartmental Training Center for Employees of Operational Units 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
THE ROLE OF EMOTIONAL AND VOLITIONAL QUALITIES IN PERSONALITY DEVELOPMENT
The article examines the emotional and volitional qualities of a person, which are given great importance in foreign and domestic psychology, given that it is in this area that such important personality qualities as sensitivity to other people, their experiences, and one’s own emotional self-perception, which reflects a person’s holistic attitude to the world, develop.
Attention is drawn to the fact that emotions are a reflection of the psyche, passing in the form of awareness of the essence of life and circumstances.
Keywords: emotional and volitional qualities, emotions, personality.
Bibliographic list of articles
1. Anikeeva N.V., Parshutin I.A. Study of the volitional sphere of personality of cadets studying in educational organizations of the Ministry of Internal Affairs of Russia of open and closed types // Psychology and Law. – 2018 (8). – No. 4. – P. 142-154. DOI: 10.17759/psylaw.2018080413.
2. Barabanov D. D. Development of volitional regulation of students: dis. …cand. psychol. Sci. – M.: Moskovsk. state University, 2015. – 188 pp.
3. Bergfeld A. Yu., Vakurova A. N. Psychological structure of emotion in the context of the problem of perception of emotions // Psychology of the XXI century. Abstracts of the International Scientific and Practical Conference of Students and Postgraduate Students / Ed. V. B. Chesnokova. – St. Petersburg: St. Petersburg State University Publishing House, 2005. – P. 200-205.
4. Vygotsky L. S. Collected Works. – M.: Pedagogy, 1984. – 350 pp.
5. Ivannikov V. A. Psychological mechanisms of volitional regulation. – M.: MSU, 1991. – 142 p.
6. Ilyin E. P. Psychophysiology of human states. – St. Petersburg, 2005. – 412 p.
7. Ilyin E. P. Emotions and feelings. – St. Petersburg: Peter, 2001. – 752 p.
8. Kasatkina D. A. Empirical study of volitional qualities and personality orientation // Acmeology. – 2012. – No. 4 (44). – pp. 82-86.
9. Leontyev D. A. Self-regulation, resources and personal potential // Siberian psychological journal. – 2016. – No. 62. – P. 18-37.
10. Plakhotnikova I. V. Interrelation of volitional qualities and manifestations of self-regulation of voluntary activity // Bulletin of the Moscow State Regional University. – 2012. – No. 3. – P. 63-68 @@ Rean A. A. On the problem of social adaptation of the individual // Bulletin of St. Petersburg State University. Ser. 6. – 1995. – Issue. 3. – No. 20. – P. 14-22.
11. Sidorova M. V. The relationship between legality and discipline in the activities of employees of internal affairs bodies // Legal science and law enforcement practice. – 2015. – No. 4 (13). – pp. 199-208.
12. Schemes and tables on psychology and pedagogy (educational manual) / Compiled by: I. N. Afonina, L. S. Barsukova, T. N. Sokolova. – M.: Vlados, 2018. – 98 p.
PEDAGOGY AND LAW
FILIMONOV Rodion Nikolaevich
Head of Physical training and sports sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KUBEEV Alibek Zhanabaevich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Eduard Vadimovich
associate professor of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
DEVELOPMENT OF PROFESSIONALLY IMPORTANT MOTOR SKILLS OF CADETS AND STUDENTS OF THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The professional training of employees of the internal affairs bodies of the Russian Federation consists of a number of elements, where, along with psychological, fire, legal and service training, physical training is also included. 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. Physical training is focused on the development of both the general physical training of a police officer and a special one, the main focus of which is combat improvement.
The presented article is devoted to the study of the relationship between various types of physical training in educational institutions of the Ministry of Internal Affairs of Russia, which directly form the professionally important motor abilities of a law enforcement officer. In addition, the author attempts to consider individual stages and mechanisms of mastering and developing skills.
Keywords: professional training, physical training, motor skills, student, educational organization, the system of the Ministry of Internal Affairs of Russia, law enforcement agencies.
Bibliographic list of articles
1. Studying the nature of attacks on police officers in the performance of official duties as the basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia / A. I. Ivanov, O. S. Mavropulo, A. A. Tashchiyan [etc.] // Scientific notes of the University named after. P. F. Lesgaft. – 2023. – No. 4 (218). – pp. 130-134. – DOI 10.34835/issn.2308-1961.2023.04.p130-135. – EDN EQRRUF.
2. Vityutnev E. E. Applied physical and motor training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia – future employees of special police units at the specialized stage of professional training: dis. …cand. ped. Sci. – Krasnodar, 2015.
3. 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. (access date: 08/23/2022).
4. Kodzokov A. Kh. Frequency of use of fighting techniques in the practice of applying coercive measures to offenders // Physical education and sport: current issues of theory and practice: Collection. materials Vseros. scientific-practical conf. Federal State Budgetary Educational Institution of Higher Education “Rostov Law Institute of the Ministry of Internal Affairs of Russia.” – Rostov n/d, 2016. – pp. 79-84.
PEDAGOGY 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
DUDKIN Yuriy Andreevich
Ph.D. in pedagogical sciences, senior lecturer of Administrative law and administrative activities of the police sub-faculty of the Moscow regional branch of the V. Ya. Kikot Moscow University of the MIA of Russia, lieutenant colonel of police
KHAMITOV Ainur Rasimovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
ULANOV Nikita Dmitrievich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, senior lieutenant of police
THE USE OF A GAME APPROACH IN THE TRAINING OF CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article analyzes the term “gamification”, presents the approaches of various authors to the definition of the term in question. Based on the analysis of empirical literature, the authors identify the main criteria for the introduction of gamification into the educational process of the University of the Ministry of Internal Affairs, as well as identify the main elements of motivation of participants in the game process. The authors note the presence of both positive and negative sides of the introduction of gamification into the educational process of the university.
Keywords: gaming technologies, gamification, educational process, interactive teaching methods.
Bibliographic list of articles:
1. Alekseeva A. Z., Solomonova G. S., Aetdinova R. R. Gamification in education // Pedagogy. Psychology. Philosophy. – 2021. – No. 4 (24). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-3 (Date of access: 01/29/2024).
2. Emaletdinova G. E., Tsilitsky V. S., Shershukova N. V., Kalimullin D., Vinogradova I. V. Gamification as a teaching method: features and opportunities // Moscow Economic Journal. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-kak-metod-obucheniya-osobennosti-i-vozmozhnosti (Date of access: 01/29/2024).
3. Muravskaya S. A., Smirnova M. M. Gamification: approaches to definition and main directions of research in management // Bulletin of St. Petersburg University. Management. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-podhody-k-opredeleniyu-i-osnovnye-napravleniya-issledovaniy-v-menedzhmente (Date of access: 01.29.2024).
4. Poddubnaya Ya. N., Kotov K. S., Slukina A. A. Paradigm for the development of gaming in the educational system of a university: history and prospects // International scientific research journal. – 2021. – No. 9 (111). [Electronic resource]. – Access mode: https://research-journal.org/archive/9-111-2021-september/paradigma-razvitiya-gejminga-v-obrazovatelnoj-sisteme-vuza-istoriya-i-perspektivy (Date of access: 01/30/2024 ). – doi: 10.23670/IRJ.2021.9.111.083.
5. Tsiruleva L. D., Shcherbakova N. E. Gamification in training: essence, content, ways of implementing technology // Bulletin of PenzGU. – 2023. – No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obuchenii-suschnost-soderzhanie-puti-realizatsii-tehnologii (Date of access: 01/30/2024).
6. Chagin S.S. Gamification of vocational education: is the game worth the candle? // Professional education and labor market. – 2021. – No. 1 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-professionalnogo-obrazovaniya-stoit-li-igra-svech (Date of access: 01/29/2024).
PEDAGOGY AND LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
DETERMINANTS OF JUVENILE DELINQUENCY AND PERSONALITY CHARACTERISTICS OF A JUVENILE OFFENDER
This article provides an overview of the principles and methods of pedagogical influence on juvenile convicts. The main and specific principles of pedagogical influence were named, as well as their brief description was given. Among the listed methods of pedagogical influence are methods of persuasion, coercion and training. Attention is drawn to the conditions that will ensure the quality of the impact on juvenile convicts.
Keywords: convict, teacher, pupil, impact, correction, re-education.
Bibliographic list of articles
1. Gachava M. L., Mazaleva L. V., Tishchenko Yu. Yu. On the issue of increasing the effectiveness of individual educational work with convicted minors // Agrarian and Land Law. – 2023. – No. 7 (223). – pp. 118-120.
2. Efimenko A. A. Basic principles of educational work with juvenile convicts // Penal system: pedagogy, psychology and law: Materials of the All-Russian scientific and practical conference for the 100th anniversary of the birth of Professor Alexander Lvovich Remenson – lawyer, penitentiary scientist , teacher, founder of the Tomsk School of Corrective Labor (Criminal) Law. – 2023. – pp. 235-241.
3. Maslov V.V. Principles and methods of pedagogical influence on juvenile convicts // Bulletin of the Samara Legal Institute. – 2010. – No. 2. – P. 108-112.
4. Poshvina E.V. Educational work and social impact on juvenile prisoners // Innovations. The science. Education. – 2022. – No. 53. – P. 329-333.
5. Pavlova L. V. On the need to form value orientations among juvenile convicts as a means of preventing offending behavior // Organizational and legal aspects of the activities of law enforcement agencies of the Russian Federation and foreign countries: theory and practice: Collection of materials of the All-Russian Scientific and Practical Conference, Moscow, 21 October 2022. – Moscow: FKU NII, 2022. – P. 259-262.
PSYCHOLOGY AND LAW
ROMANOVSKAYA Irina Viktorovna
Ph.D. in Law, senior lecturer of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
PSYCHOLOGICAL FEATURES OF JUDICIAL ACTIVITY IN THE CONSIDERATION OF CRIMINAL CASES
The article reveals the psychological features of the consideration of a criminal case in court related to the mental activity of all participants in the trial. A judge, prosecutor, lawyer, being constantly in the spotlight, are forced to demonstrate such qualities as professionalism, honesty, integrity, professional ethics, humanity, since their activities are directly related to the exercise of special powers, with the right and obligation to use legitimate authority on behalf of the state.
Keywords: cognitive activity, constructive activity, communicative activity, educational activity, judicial process, judge.
Bibliographic list of articles
1. Ipatov A.V. Legal psychology: textbook. – St. Petersburg: RGGMU, 2022. – 172 p.
2. Koni A.F. Moral principles in criminal proceedings (General features of judicial ethics). Reproduced from the publication: A. F. Koni. Selected works. – M., State Publishing House, 1956.
PSYCHOLOGY AND LAW
KHATUAEV Marat Otarovich
senior lecturer of Administrative affairs sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
LITVINENKO Alexander Alexandrovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, junior lieutenant of police
YARIY Maxim Igorevich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant of police
VAFIN Vadim Vazirovich
lecturer of the Cynology Cycle of the Ufa School for the Training of Cynologists of the MIA of Russia, lieutenant colonel of police
PROFESSIONAL COMMUNICATION OF POLICE OFFICERS
This article presents an analysis of some aspects of professional communication between police officers. The authors note that communicative competence depends on various factors, including the availability of a wide vocabulary, knowledge of the rules of conversation, understanding of cultural characteristics in communication, empathy skills, the ability to perceive and understand the point of view of other people, as well as the ability to express their own thoughts and feelings, active listening skills, the ability to use non-verbal communication skills. The authors believe that the formation of effective communication skills among police officers should be carried out in stages, as well as offer specific methods for the formation of communicative competence of police officers.
Keywords: police officers, professional communication, communication, communication, the communicative side of communication.
Bibliographic list of articles
1. Sternin I. A. Fundamentals of speech influence. – Voronezh, 2009. – 178 p. [Electronic resource]. – Access mode: http://sterninia.ru/ files/757/4_Izbrannye_nauchnye_publikacii/Rechevoe_vozdejstvie/0snovi_rechevogo_vozdeistviya2013.pdf; https://www.elibrary.ru/item.asp?id=20105290. EDN: https://www.elibrary.ru/qxzbnv.
2. Leimets H. I. On the concept of “communication” // Social pedagogy. – 2016. – No. 1-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-ponyatii-obschenie (date of access: 02/18/2024).
3. Nazarova T. B. Typology of types of communication: from traditional lines of differentiation to new relationships // Bulletin of Samara University. History, pedagogy, philology. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tipologiya-vidov-obscheniya-ot-traditsionnyh-liniy-differentsiatsii-k-novym-sootnosheniyam (date of access: 02.12.2024).
4. Nezhkina L. Yu., Fontalova N. S. Professional communication of employees of internal affairs bodies // Baikal Research Journal. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnoe-obschenie-sotrudnikov-organov-vnutrennih-del (date of access: 02/19/2024).
5. Rodin V.F., Balashova V.A. Communication in the activities of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschenie-v-deyatelnosti-sotrudnikov-politsii (date of access: 02.12.2024).
6. Urazaeva G.I., Vlasova O.V. Social and psychological attitudes in professional communication of police officers // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2014.- No. 3 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskie-ustanovki-v-professionalnom-obschenii-sotrudnikov-politsii (date of access: 02.12.2024).
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
KHAMITOV Ainur Rasimovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
SHARAFUTDINOV Ilshat Sabitovich
lecturer of the Cycle of Cynology of the Ufa School for Training Cynologists of the MIA of Russia, major of police
METHODS OF EDUCATIONAL WORK USED IN TEMPORARY DETENTION CENTERS FOR JUVENILE OFFENDERS AT THE MINISTRY OF INTERNAL AFFAIRS
This article analyzes the causes of juvenile delinquency. The authors consider various areas of activity of the Temporary Detention Centers for juvenile Offenders at the Ministry of Internal Affairs, and also note that the activities of the staff of the Central State Penitentiary Service are diverse and require constant improvement of professional qualities, knowledge of the operational situation, the ability to correctly apply certain methods of pedagogical and psychological influence on a minor.
Keywords: deviant behavior, juvenile delinquency, crime prevention, deviant behavior, police officer.
Bibliographic list of articles
1. Ivantsov S.V., Solomatina E.A., Strauning Yu.A. [et al.]. Prevention of crimes and administrative offenses committed by minors: A course of lectures. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after. V. Ya. Kikotya, 2017. – 244 p. – ISBN 978-5-9694-0412-0. – EDN XVWQLZ.
2. Ramkulov R.F., Khudoborodov A.L. Activities of departments for juvenile affairs of the internal affairs bodies of the Russian Federation: pedagogical aspects of educational work with teenagers // Bulletin of the South Ural State Medical University. -2016. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deyatelnost-podrazdeleniy-po-delam-nesovershennoletnih-organov-vnutrennih-del-rossiyskoy-federatsii-pedagogicheskie-aspekty (date of access: 01/25/2024).
STATE AND LAW
MINAKOV Pavel Anatoljevich
Ph.D. in political sciences, associate professor of the Ufa State Petroleum Technological University
ON SOME FEATURES OF SOCIO-CULTURAL CONTINUITY IN RUSSIA
The article presents the author’s understanding of the peculiarities of socio-cultural continuity in Russia. It is noted that throughout history, Russian society has changed very little internally, in the structure of the worldview, all innovations in the organization of public life coming from outside have adapted to the already established tradition and were mostly only external in nature, weakly affecting the established values.
Keywords: socio-cultural continuity, symbols, values, transformation, changes, Russian society, consolidation.
Bibliographic list of articles
1. Glebova I. I. Political culture of Russia: images of the past and modernity. – M.: Nauka, 2006. – 332 p.
2. Akhiezer A. S. Russia: criticism of historical experience (Sociocultural dynamics of Russia) – T. 1. Novosibirsk: Siberian Chronograph, 1997. – 807 pp.
3. Sorokin P. A. Public textbook of sociology. Articles from different years / Institute of Sociology – M.: Nauka, 1994. – 560 pp.
4. Berdyaev N. A. Origins and meaning of Russian communism. Reprint reproduction of the YMCA-PRESS publication, 1955 – M.: Nauka, 1990. – 224 pp.
5. Valiulin K. B., Zaripova R. K. History of Russia (IX – XX centuries). – Ufa: RIO RUMC MO RB, 2007. – 452 p.
STATE AND LAW
KAREV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Theory of law and public law disciplines sub-faculty of the Samara State University of Economics
KORCHAGINA Anastasiya Pavlovna
student of the Samara State University of Economics
LEGAL SUPPORT FOR THE ORGANIZATION AND CONDUCT OF ELECTIONS IN THE RUSSIAN FEDERATION
The article describes the election process in Russia as a representative of a democratic institution, emphasizing the importance of honesty, transparency and legitimacy of elections. It also examines the principles of elections, the participation of citizens outside the country, the work of election commissions and legal regulation aimed at ensuring the freedom, honesty and fairness of elections. The article emphasizes that changes in the systems governing elections contribute to the efficiency and fairness of elections and ensure the active participation of citizens in the formation of power at various levels.
Keywords: elections, voting, election commissions, independence, dominance.
Bibliographic list of articles
1. Zorkin V.D. The letter and spirit of the Constitution // Russian newspaper. – 2018. – Oct 9
2. Lebedev V. A. Constitutional development of Russia // Lex Russica. – 2018. – No. 11. – P. 16-22.
3. Shablinsky I. G. The mechanism of checks and balances in the Russian constitutional law // Law. Journal of the Higher School of Economics. – 2013. – No. 1. – P. 34-42.
4. Kulikova Yu. A. Limitation of the president’s time in power to a certain period and number of terms in office as part of the formation and development of the institution of the presidency in the Russian Federation and member states of the Commonwealth of Independent States // Bulletin of the Russian State University for the Humanities. Series “Economics, management, law”. – 2013. – No. 1. – P. 53-61.
5. Shakhrai S. M. Presidential Elections // Historian. – 2018. – No. 3. – P. 68-75.
STATE AND LAW
YALOVENKO Tatyana Vasiljevna
Ph.D. in Law, associate professor, Deputy Head of Theory and history of law and state sub-faculty of the Volgograd Academy of the MIA of Russia
POLYAKOV Vyacheslav Alexandrovich
Ph.D. in historical sciences, associate professor, professor of Theory and history of law and state sub-faculty of the Volgograd Academy of the MIA of Russia
RYABOV Sergey Ivanovich
Ph.D. in historical sciences, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
ON THE ISSUE OF THE CONTENT OF THE LEGAL OBLIGATION
In the article, the authors consider the issues of the content of the legal obligation. The signs and classification of legal obligations are given. The author cited the main legal obligations depending on the branch of law: constitutional, family, civil and concluded that the content of the legal obligation consists of acts of conduct of a participant in legal relations, the obligation of which is fixed in a normative legal act, contract, etc. and is expressed in active actions or abstinence from certain actions. Common to all branches of law providing for certain legal obligations is the establishment of a certain proper behavior, a mechanism for the implementation of a specific obligation and responsibility for its non-fulfillment.
Keywords: legal relationship, duty, obligation, coercion, right, obligation, obligation, legal fact, responsibility.
References
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993; with amendments dated 01/07/2020) // NW of the Russian Federation. – 2014. – No. 9. – Article 851.
2. Family Code of the Russian Federation dated 12/29/95 No. 223-FZ (as amended on 07/31/2023) // NW RF. – 1996. – No. 1. – Article 16.
3. Federal Law No. 342-FZ dated 11/30/2011 “On Service in Internal Affairs Bodies Of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (as amended. dated 04/08/2023) // NW of the Russian Federation. 05.12.2011. No. 49 (part 1). Article 7020.
4. Kuzubova A. Yu. The legal category “duties” in the political and legal doctrines of Russian conservatism and European liberalism of the XIX century // Theory and practice of social development. – 2020. – No. 4 (146). – Pp. 22-25.
5. Solodovnichenko T. A. Subjective rights and obligations in private and public law: monograph. – M.: INFRA-M, 2021. – 111 p.
6. Zavyalov S. O. Legal obligation – an element of legal relations: content, forms, signs // E-Scio. – 2020. – No. 5 (44). – Pp. 165-175.
POLICY AND LAW
WEI Anyu
magister student of the Faculty of Public Administration of the M. V. Lomonosov Moscow State University
FEDYUNIN Alexander Sergeevich
Ph.D. in economical sciences, associate professor of World economy and world finance sub-faculty of the Financial University under the Government of the Russian Federation
CONTENT AND ESSENCE OF PUBLIC ADMINISTRATION
The article is devoted to the study of the content and essence of public administration. The importance of this process in the functioning of the state, its goals and basic principles are considered. The author draws attention to various approaches to defining public administration and its main components. Particular attention is paid to methods of researching public administration, such as analysis of regulatory documents, comparative analysis of management systems in different countries, expert assessments and other techniques. The study is aimed at identifying key aspects of public administration and its impact on public life.
Keywords: public administration, methods of public administration, economic relations, public policy.
Bibliographic list of articles
1. Rzaev A. G. Public service: organizational and legal aspects. – Baku: Elm, 2020. – 560 p.
2. Atamanchuk G.V. Management in people’s life. – M.: RAGS, 2022. – 400 p.
3. Afanasyev V. G. Scientific management of society (experience of systemic research). 2nd ed. – M.: Politizdat, 2019. – 392 p.
4. Parin V.V., Baevsky R.M. Introduction to medical cybernetics. – M.: Medicine, 2023. – 145 p.
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
DZYUBAN Valeriy Valerjevich
Ph.D. in historical sciences, Ph.D. in pedagogical sciences, associate professor, professor of Humanitarian disciplines sub-faculty of the Russian Customs Academy
PANIN Yuriy Ivanovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
TERRORIST ORGANIZATIONS IN THE STRUCTURE OF THE “NEW WARS”
This article examines the role of international terrorist organizations as independent actors in the system of “new” hybrid wars. The global world is undergoing a transformation of established participants in international processes. The classic format of the war goes beyond the line of history. The informational, humanitarian, socio-economic “front” is becoming increasingly important. In such conditions, terrorism changes its essence, becoming an active mechanism within the framework of organizing coups d’etat, “color revolutions” and “new wars”. It also loses its centralization, acquiring the features of a transnational network structure.
Keywords: hybrid wars, “new wars”, terrorism.
Bibliographic list of articles
1. Bredikhin A.V., Zakopyrin V.N. On the issue of legal regulation of private military companies in the Russian Federation // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 310-311.
2. Karimova G. Kh., Irzhanov R. S. Information technologies of terrorist organizations // International cooperation of Eurasian states: politics, economics, law. – 2020. – No. 3. – P. 51-56.
3. Mail Yu. M. Islamist terrorism in the context of modern hybrid wars // Bulletin of the Russian Peoples’ Friendship University. – 2021. – No. 4. – P. 734-746.
4. Rudakov A.V., Ustinkin S.V. Transformed identity as a resource of international terrorism and an element of the “Hybrid War” strategy // Power. – 2016. – No. 12. – P. 103-108.
5. Churakov D. O. Russia’s counteraction to terrorism in zones of hybrid conflicts at the turn of the XX-XXI centuries: stages, analysis, historical lessons // Locus: people, society, cultures, meanings. – 2022. – No. 3. – P. 118-135.
SOCIOLOGY AND LAW
KAZAKONA Natalya Vladimirovna
Ph.D. in technical sciences, associate professor of Transport and technical systems sub-faculty of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
STUDENT YOUTH: IN THE MODERN WORLD
The article examines a pressing problem of our time: issues of self-identification, identification with one’s family, friends, small homeland, country, representatives of a certain nationality, etc. Some results of an online survey conducted among Tyumen youth studying in colleges and universities are presented using a methodology developed Shaykhlislamov R. B., Ph.D. in sociological sciences, professor of the Department of Sociology and Youth Work, Ufa University of Science and Technology.
Keywords: student youth, identification, self-identification, family, friends, traditions, values.
Bibliographic list of articles
1. Ageev V. S. Psychological study of social stereotypes // Questions of psychology. – 1986. – No. 1. – P. 94, 98.
2. Putin said that Russia’s traditions and values cannot be “uprooted.” [Electronic resource]. – Access mode: https://www.m24.ru/news/vlast/28112023/643918 (date of access: 02/16/2024).
3. Putin called for taking the best from different countries, but relying on traditions. [Electronic resource]. – Access mode: https://iz.ru/1607048/2023-11-17/putin-prizval-brat-luchshee-iz-raznykh-stran-no-opiratsia-na-traditcii (date of access: 02.16.2024).
4. 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. – P. 18-174.
5. 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. – pp. 409-414.
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, senior lecturer of the M. V. Lomonosov Moscow State University
BOGATYREVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
ON DETERMINING THE STATUS OF PRIVATE MILITARY COMPANIES
This article discusses the issue of defining the term and status of private military companies in the scientific community. PMCs are becoming more widespread in the modern world, they participate not only in interstate conflicts, but also defend the interests of large international companies. This topic has become particularly relevant in connection with the conduct of a Special military operation and the participation of a number of PMCs and volunteer associations, including Cossack ones, in it, and the lack of a unified terminological approach among domestic and foreign researchers. The authors attempt to give their own definition of PMCs.
Keywords: Cossacks, corporations, mercenaries, private military companies.
Bibliographic list of articles
1. Alikin A. PMCs are a very effective instrument of influence. [Electronic resource]. – Access mode: http://rusplt.ru/society/voennie-chastniki-8795.html (access date: 04/10/2023).
2. Apukhtin Yu. S. Private military companies: a new goal of political criminology // Criminology: yesterday, today, tomorrow. – 2009. – No. 2 (17). – pp. 104-107.
3. Bredikhin A.V. Military service of the Cossacks in the security system of the South of Russia (on the example of the Rostov region) // Bulletin of Volgograd State University. Episode 4. History. Regional studies. International relationships. – 2020. – T. 25. No. 5. – P. 234-243.
4. Bredikhin A.V., Zakopyrin V.N. On the issue of legal regulation of private military companies in the Russian Federation // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 310-311.
5. Veselov Yu. A. History and role of PMCs in modern world politics // World Politics. – 2021. – No. 3. – P. 19-40.
6. Kurylev K. P., Martynenko E. V., Parkhitko N. P., Stanis D. V. The phenomenon of private military companies in the military power policy of states in the 21st century. // Bulletin of international organizations. – 2017. – T. 12. No. 4. – P. 130-149.
7. About private military companies in the USA // Ministry of Foreign Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/international_safety/1896217/ (date of access: 10/1/2023).
8. Tipling D. The Military Extraterritorial Jurisdiction Act and Its Implications forPrivate Military Companies // Bepress Legal Series. – 2006. – 33 p.
ECONOMY. RIGHT. SOCIETY
GVOZD Alina Alexandrovna
student of the 2nd course of Management sub-faculty of the Irkutsk National Research Technical University
BEREZHNYKH Mariya Valerjevna
Ph.D. in economical sciences, Head of Management sub-faculty of the Irkutsk National Research Technical University
LEADERSHIP AS A KEY ELEMENT OF THE COMPETENCE OF A MODERN LEADER
The presented work analyzes the practical and theoretical aspects of the modern concept of leadership. The article discusses the main characteristics of leadership, such as inspiration, motivation, decision-making ability, emotional intelligence, communication skills and the ability to work in a team. Special attention is paid to the influence of leadership on corporate culture, employee motivation, business development and achievement of strategic goals. In particular, the main qualities of a modern manager and leader are considered. Various approaches to the development of leadership skills are also discussed, both individually and within the framework of corporate training programs. At the end of the article, the analysis of emerging trends in the analyzed issue is carried out.
Keywords: human resources, management, leader, manager, efficiency.
Bibliographic list of articles
1. Radyuk O. M., Basinskaya I. V., Nekhvyadovich I. G. Main factors of effectiveness in behavioral theories of leadership // Leadership and management. – 2017. – Volume 4. No. 2. – P. 99-107.
2. Favors D. Leader of a new era. – Moscow: Amri-ta-Rus, 2021. – 464 p.
3. Shchigrev V. A. Leader and his main qualities // Scientific notes of the Altai branch of the Russian Academy of National Economy under the President of the Russian Federation. – 2019. – No. 16. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lider-i-ego-osnovnye-kachestva (date of access: 03/01/2024).
4. “Leader and manager: differences in their activities and skills.” [Electronic resource]. – Access mode: https://aspro.cloud/pm/docs/leader-and-director/
5. “Who are the leaders?” [Electronic resource]. – Access mode: https://huntflow.ru/blog/what-is-leadership/
6. “How to become a successful leader: tips and strategies.” [Electronic resource]. – Access mode: https://getcompass.ru/blog/posts/kak-stat-rukovoditelem.
7. “Report on the social activities of the Gazprom Group for 2022.” [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/56/691615/gazprom-sustainability-report-ru-2022.pdf.
8. “Report on sustainable development of the Rosneft Group for 2022.” [Electronic resource]. – Access mode: https://www.rosneft.ru/upload/site1/document_file/Rosneft_CSR2022_RUS.pdf.
9. “Sustainable Development Report of the Lukoil Group for 2022.” [Electronic resource]. – Access mode: https://lukoil.ru/FileSystem/9/633069.pdf.
10. “Development of the corporate culture of the UniPro Group.” [Electronic resource]. – Access mode: https://www.unipro.energy/sustainable_development/social/staff/culture/
11. “Sustainable development of PJSC Forward Energo.” [Electronic resource]. – Access mode: https://www.frwd.energy/o-nas/ustoychivoe-razvitie.
12. “Sustainable development of the EL5-Energo Group.” [Electronic resource]. – Access mode: https://www.el5-energo.ru/sustainability/our-people/
13. “Annual report of PJSC RusHydro (including information on sustainable development) for 2021.” [Electronic resource]. – Access mode: https://storage.yandexcloud.net/storage.rushydro.ru/iblock/dd6/l4bqndzq9f64khr3j2m1nxfohabizm99/Godovoj-otchet-2021.pdf.
14. “Personnel policy of JSC “Quadra – Power Generation”. [Electronic resource]. – Access mode: https://www.quadra.ru/o-kompanii/kadrovaya-politika/#bg3.
15. “Sustainable development of JSC Iner RAO.” [Electronic resource]. – Access mode: https://irao-generation.ru/ustoychivoe-razvitie/
16. “Values of PJSC “T Plus”. [Electronic resource]. – Access mode: https://www.tplusgroup.ru/contrast/company/about/values/
ECONOMY. RIGHT. SOCIETY
GREKOV Igor Evgenjevich
Ph.D. in economical sciences, professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
TAKMAKOVA Elena Valerjevna
Ph.D. in economical sciences, associate professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economical sciences, professor, professor of Project management sub-faculty of the State University of Management, Moscow
“BALANCED DEVELOPMENT” OF REGIONAL SOCIO-ECONOMIC SYSTEMS: APPROACHES TO THE DEFINITION OF THE CONCEPT
In this article, the authors analyzed the concept of “balanced development” in relation to the regional level of research. As a result, it was found that balanced development presupposes a given ratio between certain factors, while the list of these factors may vary markedly; it was concluded that balanced regional development is part of a broader concept – sustainable development.
Keywords: region, regional socio-economic system, balanced development of regions, sustainability of regional development, differentiation of regional development.
Bibliographic list of articles
1. Decree of the President of the Russian Federation of June 3, 1996 No. 803 “On the Basic Provisions of Regional Policy in the Russian Federation” // Collection of legislation of the Russian Federation. – 1996. – No. 23. – Art. 2756.
2. Shtulberg B. M., Vvedensky V. G. Regional policy of Russia. Theoretical foundations, objectives and methods of implementation. – M.: Helios ARV, 2000. – 206 p.
3. Grudina S.I. Theory of development of entropy of regional socio-economic systems // Kazan Economic Bulletin. – 2021. – No. 3. – P. 24-28.
4. Kagarmanova A. I. Mechanism for managing the competitiveness of the region // Science. – 2015. – T. 7. No. 3 – P. 1-12.
5. Lavrovsky B. L. Territorial differentiation and approaches to its weakening in the Russian Federation // HSE Economic Journal. – 2003. – No. 4. – P. 524-537.
6. Drobyshevsky S., Lugovoy O., Astafieva E. Factors of economic growth in the regions of the Russian Federation. – M.: IET, 2005. – 278 p.
7. Leksin V.N., Shvetsov A.N. All-Russian reforms and territorial development // Russian Economic Journal. – 1999. – No. 4. – P. 54-66.
8. Druzhinin A.G., Shepeleva V.A. Asymmetry of urban development as a phenomenon and problematic situation of the regional economy // Economic Bulletin of the Rostov State University. – 2008. – T. 6. No. 1. Part 3. – P. 157-161.
9. Valitova L. A. Interbudgetary transfers and economic incentives of regional authorities // Economic science of modern Russia. – 2005. – No. 2. – P. 39–55.
10. Dzhurbina E. M. Interbudgetary transfers in the context of asymmetric development of the economy of the Stavropol Territory // Economics and production. – 2007. – No. 1. – P. 53-56.
11. Druzhinin A. G., Dzhurbina E. M. Regional paradigm of economic development: the factor of interbudgetary transfers. – Rostov n/d: RSU, 2005. – 112 p.
12. Pridachuk M.P. Interbudgetary transfers: economic meaning and distribution goals // Finance and credit. – 2006. – No. 10. – P. 13-15.
13. Chernova O. A. The problem of balancing intraregional development in the study of center-periphery interactions // Regional Economics: Theory and Practice. – 2016. – No. 1. – P. 4-17.
14. Friedmann J. Regional Development Policy: A Case Study of Venezuela. – MIT Press, 1966. – 279 p.
15. Mansfield E. Economics of scientific and technological progress. – M.: Progress, 1970. – 240 p.
16. Friedmann J. Regional Development Policy: A Case Study of Venezuela. – MIT Press, 1966. – 279 p.
17. Hagerstrand T. Aspects of the Spatial Structure of Social Communication and the Diffusion of Information // Papers and Proceedings of Regional Science Association. – 1966. – R. 27-42.
18. Hagerstrand T. Innovation Diffusion as a Spatial Process. – Chicago: University of Chicago Press, 1968. – 334 p.
19. Hirooka M. Innovation Dynamism and Economic Growth: A Nonlinear Perspective. – Cheltenham, UK – Northampton, MA: Edward Elgar, 2006. – 448 p.
20. Krivov A.V. Ecological and economic balance and sustainable development of local territory: on the example of the Torbeevsky district of the Republic of Mordovia: dis. …cand. geogr. Sciences: 25.00.36. – Saransk, 2009. – 191 p.
ECONOMY. RIGHT. SOCIETY
KLUNKO Natalya Sergeevna
Ph.D. in economical sciences, DBA USA, professor of Philosophy sub-faculty of the Department of Training of Scientific and Scientific-Pedagogical Personnel of the Russian New University, Moscow
SVIRIDOV Andrey Sergeevich
Ph.D. in economical sciences, professor of Management sub-faculty of the Russian New University, Moscow
YUROVA Irina Alexandrovna
postgraduate student of Information systems in economics and management sub-faculty of the Institute of Information Systems and Engineering and Computer Technology of the Russian New University, Moscow
THEORETICAL AND METHODOLOGICAL APPROACHES TO THE FORMATION OF INDUSTRIAL DEVELOPMENT POLICY IN THE REGION
The purpose of this article is to develop the scientific and methodological foundations of regional industrial policy formation. The tasks of this article are to understand the essence and tasks of regional industrial policy; study of its specific goals; determination of the main directions of structural restructuring of the regional industrial complex; substantiation of conceptual provisions of regional industrial policy. The relevance of this topic is due to the fact that the aspiration of the state authorities to create a competitive industrial complex capable of solving the tasks of social and economic development of society and the establishment of Russia as a high-tech state in the conditions of a complex military and political situation is realized through regional industrial policy, which is based on reform systems of management of regional industry. It was determined that at the present time there is a need for a comprehensive and balanced development of the Concept of regional industrial policy, within the framework of which the goals and priorities in this area, the main directions of structural transformations and the mechanisms of their implementation should be defined.
It is concluded that the modern regional industrial policy should determine the contours of regional regulation of the economy, while this policy should retain its social orientation and focus on the high-quality and effective use of human capital, which ensures the implementation of the goals and objectives of regional industry development.
Keywords: industry, regional policy, goals, concept, approaches, efficiency, restructuring.
Bibliographic list of articles
1. Bobryshev I.S., Vedernikova A.V. Voronin V.V., Erina N.V. Mechanisms for forecasting and strategic goal setting of socio-economic development of the Russian Federation // World of New Economics. – 2020. – No. 1. – P. 88-100.
2. Bykova M. L. Features of the development of the manufacturing industry in modern conditions: regional aspect // Journal of Applied Research. – 2023. – No. 1. – P. 38-43.
3. Vagin S. G. Current state of Russian industry in the regions and the prospects for its development // Region: systems, economics, management. – 2022. – No. 4. – P. 10-15.
4. Vladislavleva T. B., Kerov V. A. State regional policy: overcoming the difficulties of development and implementation // Bulletin of Moscow University. Episode 21: Governance (state and society). – 2020. – No. 2. – P. 77-96.
5. Ibragimova R. S. Priority directions of industrial restructuring in Russia in the context of global challenges // Russia: trends and development prospects. – 2023. – No. 3. – P. 626-629.
6. Kushnarenko T.V. The driving role of regional industry in ensuring the resilience of the economies of territories with different structures // Natural-humanitarian studies. – 2022. – No. 44. – P. 162-167.
7. Mysachenko V.I., Safronov S.S. The need for restructuring of industrial enterprises and its content // Bulletin of the National Institute of Business. – 2022. – No. 3. – P. 43-52.
8. Myasnyankina O. V., Kazmin A. A. Reindustrialization of old industrial regions of the Central Federal District // Region: systems, economics, management. – 2021. – No. 4. – P. 61-68.
9. Pirogova L. V. Content of regional industrial policy in the context of strategic management // Bulletin of Voronezh State University. Series: Economics and management. – 2020. – No. 3. – P. 70-77.
10. Rassanova O. E., Lavrentiev A. V., Fedorova A. S. Current aspects of the formation and implementation of regional industrial policy // Bulletin of the Russian University of Cooperation. – 2022. – No. 2. – P. 67-72.
11. Regional economics and development of territories / Ed. L. P. Sovershaeva. – St. Petersburg: Publishing house of St. Petersburg State Economic University, 2022. – No. 1 (16). – 252 pp.
12. Trends in regional development – 2023 / Under. ed. acad. RAS V.V. Okrepilova, Doctor of Economics, Prof. A. D. Shmatko. – St. Petersburg: Publishing house Skifia-print, 2023. – 54 p.
13. Shatsky A. A. Regional development of industry in the Russian Federation under conditions of sanctions and restrictions // Management. – 2023. – No. 2. – P. 170-178.
14. Shchepakin M. B. Restructuring “umbrella” as a tool for managing innovative changes in a modernized economy // Economics, entrepreneurship and law. – 2021. – No. 1. – P. 27-51.
15. Shchepakin M. B. Management of structural modernization of industry in the regional economy in the conditions of its innovative development // Economics, entrepreneurship and law. – 2020. – No. 2. – P. 411-435.
ECONOMY. RIGHT. SOCIETY
KUCHUKOVA Nafisa Makhmutovna
Ph.D. in economical sciences, associate professor, associate professor of Economic security sub-faculty of the Ufa State Petroleum Technical University
MIRSAYAPOV Eduard Albertovich
magister student in the direction “Strategic Management of Economic Security” of the Ufa State Petroleum Technical University
INTERNATIONAL STANDARDS FOR CONTROL OF SETTLEMENTS WITH CONTRACTORS, RELEVANCE OF APPLICATION AND ADAPTATION TO RUSSIAN PRACTICE
The process of adapting international standards for control of settlements with counterparties is a complex and multifaceted task that requires systemic efforts and coordinated measures, but it benefits not only individual companies, but also the entire economy of the country, providing a higher level of transparency, reliability and competitiveness on the world stage. However, Russia is now facing many difficulties and problems in adopting international standards. Differences between international and Russian accounting standards, the need for employee training, as well as adaptation of information systems and legal uncertainty complicate the path to successful adaptation.
Keywords: international standards, adaptation, control of payments, Russian companies, personnel training, financial transparency.
Bibliographic list of articles
1. Brigida D. A. International financial reporting standards: problems and prospects for implementation in Russia // Bulletin of the Academy of Knowledge. – 2022. – No. 2. – P. 37-40.
2. Krivonosova A. E. International financial reporting standards: problems and prospects for implementation in Russia // Bulletin of the Academy of Knowledge. – 2017. – No. 2. – P. 163-168.
3. Smagina M. N. International financial reporting standards in the Russian Federation: stages of formation and problems of implementation // Scientific notes of the Tambov branch of RoSMU. – 2021. – No. 22. – P. 74-83.
4. Khasanov M. M. Introduction of IFRS (international financial reporting standards) in Russia // Moscow Economic Journal. – 2019. – No. 3. – P. 19-22.
5. Federal Law of August 7, 2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”
6. Shaibakova E. R., Gilyazova A. I., Butkov D. A., Davydov D. V. Economic security and inertia of the economic response to the sanctions pressure of Western countries // Eurasian Legal Journal. – 2023. – No. 10. – P. 331-332.
7. Ishmukhametova I. N., Alekseev A. D., Shonia L. O. Legal issues of ensuring information security” // Current problems of ensuring economic security of the state, regions, enterprises. Collection of scientific articles of the IV International Scientific and Practical Conference. – Ufa, 2020. – pp. 6-9.
ECONOMY. RIGHT. SOCIETY
KOMISSAROVA Evgeniya Romanovna
magister student of the Russian State Academy of Intellectual Property
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economical sciences, professor, professor of Project management sub-faculty of the State University of Management, Moscow
DIGITAL MANAGEMENT TOOLS IN THE MANAGEMENT OF PROJECT ACTIVITIES OF ORGANIZATIONS IN THE CONSTRUCTION INDUSTRY
The article is devoted to the problems of creating and using digital management tools, which is considered as a fundamental factor in the development of the digital ecosystem of modern companies. The advantages of using digital management tools in the project activities of organizations in the construction industry are substantiated. Particular attention is paid to the integration of digital management tools into the management of project activities within the framework of a single digital space for organizations in the construction industry.
Keywords: digitalization, digital management, project, construction industry, tools, management.
Bibliographic list of articles
1. 5 advantages of digitalization in construction. – [Electronic resource]. – Access mode: https://digital-build.ru/5-preimushhestv-czifrovizaczii-v-stroitelstve/ (date of access: 01/25/2023).
2. Global capital projects outlook, 2021: Optimism and Digitization. – [Electronic resource]. – Access mode: https://ineight.com/wp-content/uploads/2021/07/20210630_BRC_AnnualSurvey_FULL_US_v21.7-FINAL.pdf (access date: 01/25/2023).
3. Plan-R. Construction management system Larix. – [Electronic resource]. – Access mode: https://plan-r.bim-info.ru/#closepopup (date of access: 01/25/2024).
4. Ibem. Construction management system Larix. – [Electronic resource]. – Access mode: https://bim-info.ru/larix/ (date of access: 01/25/2023).
5. Bochkarev: Digitalization of construction sites in Moscow reduces construction costs. – [Electronic resource]. – Access mode: https://realty.ria.ru/20230717/tsifrovizatsiya-1884576977.html (access date: 01/18/2024).
6. Dontsova O. I., Skotnikova A. A. Tools for digital integration in industry // Issues of innovative economics. – 2023. – T. 13. No. 3. – P. 1415-1426.
7. Kalyazina E. G. Digital management in project management // Creative Economy. – 2021. – T. 15. No. 12. – P. 4747-4766.
8. Kalyazina E. G., Pleshakova E. Yu., Tsvetkov A. N. Project management: interpretations, features and vectors of development // Theory and practice of social development. – [Electronic resource]. – Access mode: http://teoria-practica.ru/rus/files/arhiv_zhurnala/2020/8/economics/kalyazina-pleshakova-tsvetkov.pdf (access date: 01/18/2024).
9. Larionov V. G., Barinova E. P., Sheremetyeva E. N. Digital management: education, etc.Alanta // Innovations in management. – 2020. – No. 2. – P. 56-63.
10. Application of artificial intelligence in priority sectors of the economy. – [Electronic resource]. – Access mode: https://www.tadviser.ru/images/c/cd/Patentnyj_landshaft.pdf (date of access: 01/18/2024).
ECONOMY. RIGHT. SOCIETY
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, chief researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation; professor of Physical and socio-economic geography sub-faculty of the N. P. Ogarev National Research Mordovian State University, Saransk
CURRENT COMPONENTS OF SUSTAINABLE SPATIAL DEVELOPMENT IN RUSSIA: INTACT FOREST TERRITORIES
The relevance of the article is due to the need, in the context of external and internal challenges for Russia, to form sources of sustainable spatial development, which is presented as a multicomponent process, the result of which can be recorded in the format of spatial organization at a specific point in time. The author’s view on the modern content of the category “sustainable spatial development” is presented. The most promising spatial structures that meet the criterion of “sustainability” are identified – intact forest territories; an analysis and trends in the state of these territories in Russia are presented. Intact forest areas are positioned by the author as a significant component of sustainable spatial development of Russia in terms of their performance of a number of functions: biodiversity conservation, carbon absorption, adaptation to climate change. The importance of individual components of this process meets the country’s long-term priorities and the interests of present and future generations. Quantitative features of the localization of intact forest areas, factors for reducing their area, and current problems of their conservation are noted. The purpose of the work is to highlight scientifically based and promising components for the sustainable development of the national space.
Keywords: spatial development, sustainable spatial structures, spatial analysis, management of the development of macroregions of Russia.
Bibliographic list of articles
1. Fundamental problems of spatial development of the Russian Federation: interdisciplinary synthesis: Fundamental Research Program of the Presidium of the Russian Academy of Sciences 2009-2011 / V. A. Avksentyev, E. M. Avraamova, N. E. Antonova [and others]. – Moscow: “Media Press”, 2013. – 664 p. – ISBN 978-5-901003-40-4. – EDN SBVVUX.
2. Baburin V. L. Evolution of Russian spaces: from the Big Bang to the present day: an innovative and synergetic approach. – Moscow: URSS, 2002. – 272 p. – ISBN 5-354-00117-X. – EDN ZEAXZR.
3. Shchitinsky V. From the pre-election political platform of the President of Russia to the sustainable spatial development of the country // City management. – 2012. – No. 11 (196). – P. 2-6. – EDN QZEEHD.
4. Klimova O. S., Talanova E. A. Overcoming spatial polarization as a factor in ensuring sustainable development of the region // Theory and practice of social development. – 2013. – No. 1. – P. 370-372. – EDN PNFJNT.
5. Starovoitov M.K. Sustainable spatial development of Russia is the most important condition for the national security of the country // Strategic development of the agro-industrial complex and rural territories of the Russian Federation in modern international conditions: Materials of the International scientific and practical conference dedicated to the 70th anniversary of Victory in the Great Patriotic War of 1941-1945 gg., Volgograd, February 03-05, 2015 / Chief editor A. S. Ovchinnikov. Volume 4. – Volgograd: Volgograd State Agrarian University, 2015. – P. 57-61. – EDN WGJWFF.
6. Kolomak E. A. Spatial development of Russia in the 21st century // Spatial Economics. – 2019. – T. 15. No. 4. – P. 85-106. – DOI 10.14530/se.2019.4.085-106. – EDN WFVGVX.
7. Bukhvald E. M., Kolchugina A. V. Strategy of spatial development and priorities of national security of the Russian Federation // Economics of the region. – 2019. – T. 15. No. 3. – P. 631-643. – DOI 10.17059/2019-3-1. – EDN VVWMFC.
8. Minakir P. A. Thorny path to the east: breakthroughs that turn into dead ends // Spatial Economics. – 2022. – T. 18. No. 3. – P. 7-16. – DOI 10.14530/se.2022.3.007-016. – EDN IGSRBS.
9. Glazyev S. Yu. Beyond the horizon of the end of history: Monograph. – Moscow: Limited Liability Company “Prospekt”, 2023. – 416 p. – ISBN 978-5-392-37913-2. – EDN LPRMMM.
10. Orloin S. L., Stroev P. V. New reality and a new path for Russia // Problems of modern economics. – 2022. – No. 2 (82). – pp. 64-66. – EDN YIXJWR.
11. Porfiryev B. N., Terentyev N. E., Zinchenko Yu. V. Planning for adaptation to climate change: world experience and opportunities for sustainable socio-economic development of Russia // Forecasting problems. – 2023. – No. 2 (197). – pp. 154-168. – DOI 10.47711/0868-6351-197-154-168. – EDN FTEIFZ.
12. Trubina V. S. Sustainable spatial development of the regional economic system: theoretical aspects // Bulletin of Volgograd State University. Episode 3: Economics. Ecology. – 2009. – No. 1 (14). – pp. 57-62. – EDN KYFOGZ.
13. Frolov A. E., Ananichev K. K. On the principles of sustainable spatial development // Industrial and civil construction. – 2011. – No. 7-1. – pp. 12-15. – EDN NXOUMH.
14. Makar S. V. Analysis of space in economic science: development of conceptual approaches // Bulletin of Tambov University. Series: Humanities. – 2012. – No. 4 (108). – pp. 17-25. – EDN OWXXKR.
15. Modern trends in spatial development and priorities of public geography: Proceedings of the international scientific conference within the framework of the IX Annual Scientific Assembly of the Association of Russian Social Geographers, Barnaul, September 12–19, 2018 / Rep. ed. N. I. Bykov. Volume 2. – Barnaul: Altai State University, 2018. – P.43-46. – ISBN 978-5-91556-424-3. – EDN UXDFWZ.
16. Socio-economic development in an era of global change. Volume 2. – Moscow-Tver: Tver State University, 2020. – P. 365-373. – ISBN 978-5-7609-1540-5. – EDN WQKHZZ.
17. Aksenov D. A., Dobrynin D. V., Yudubinin M. et al. Atlas of intact forest territories of Russia. – M.: Publishing house MSOES, 2003. – 187 p.
18. Environmental management and sustainable development. World ecosystems and problems of Russia: Dedicated to the memory of N. F. Glazovsky (1946-2005) / N. F. Glazovsky, G. V. Sdasyuk, A. F. Mandych [etc.]; Institute of Geography of the Russian Academy of Sciences, Program of the Department of Geosciences of the Russian Academy of Sciences “Natural and socio-economic changes in the environment”, World Wildlife Fund (WWF). – Moscow: Limited Liability Company Partnership of Scientific Publications KMK, 2006. – 448 p. – (Sustainable development: problems and prospects; Issue 3). – ISBN 5-87317-322-2. – EDN VWZQQJ.
19. Methodological approaches and recommendations for zoning intact forest areas in the Siberian Federal District / N. V. Trofimova, V. A. Sipkin, A. V. Bryukhanov [etc.]; Edited by K. N. Kobyakov. – Krasnoyarsk: World Wildlife Fund (WWF), 2018. – 64 p. – ISBN 978-5-6041286-0-2. – EDN SDBLXU.
20. Makar S.V. Application of spatial analysis methodology to the study of forest potential in Russia: Monograph. – Moscow: Economics, 2012. – P. 72-87. – ISBN 978-5-282-03214-7. – EDN QVEFZD.
ECONOMY. RIGHT. SOCIETY
MARCHENKOVA Liliya Mikhaylovna
Ph.D. in economical sciences, associate professor, associate professor of the Central Russian Institute of Management – branch of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation, Orel
KOZLOVA Elena Igorevna
Ph.D. in technical sciences, associate professor, associate professor of the Central Russian Institute of Management – branch of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation, Orel
SKVORTSOVA Nataliya Alexandrovna
Ph.D. in economical sciences, associate professor of the Moscow Financial and Industrial University “Synergy”
THE MAIN ASPECTS OF STATE REGULATION OF COMMERCIAL ACTIVITIES OF ENTERPRISES
The article deals with the issues of state regulation of commercial activities of enterprises. The process of state regulation of commercial activities of enterprises includes many problems that have a negative impact on the quality of goods and services consumed by individuals and legal entities. The need for high-quality legal regulation of commercial activities is justified, taking into account two-level regulation and the need to harmonize the legislation of the subjects and the legislation of the Russian Federation.
Keywords: commercial activity, enterprises, state regulation, special tax regimes.
Bibliographic list of articles
1. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Civil Code of the Russian Federation Part 1 (Civil Code of the Russian Federation) dated November 30, 1994 No. 51-FZ with amendments and additions. – [Electronic resource]. – Access modea: http://www.consultant.ru./
3. Tax Code of the Russian Federation (part two) dated July 19, 2000 No. 118-FZ (as amended on December 29, 2022) (with amendments and additions, entered into force on January 1, 2023). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_28165/
4. Bocharov V.V. Organization of commercial activities. – St. Petersburg: Peter, 2019. – 408 pp.
5. Ivanov G. G. Organization of trade (trading activities): textbook. – Moscow: KnoRus, 2018. – (SPO). – [Electronic resource]. – Access mode: https://www.book.ru/book/924195.
6. Pambukhchiyants O. V. Organization of commercial activities: textbook. – 5th ed., revised. – Moscow: Dashkov and K°, 2021. – 266 pp.: table. – [Electronic resource]. – Access mode: https://biblioclub.ru/index.php?page=book&id=621684.
7. Popondopulo V.F., Barinov A.M., Bushev A.Yu. Commercial (entrepreneurial) law. Textbook. In 2 volumes. Volume 1 / Ed. Popondopulo V.F. – M.: Prospekt, 2020. – 608 pp.
8. Business law: a modern view: monograph / E. A. Abrosimova, V. K. Andreev, E. G. Afanasyeva and others; resp. ed. S. A. Karelina, P. G. Lakhno, I. S. Shitkina. – M.: Justitsinform, 2019. – 600 p.
ECONOMY. RIGHT. SOCIETY
NIKITIN Sergey Alexandrovich
Ph.D. in economical sciences, associate professor of Project management sub-faculty of the State University of Management, Moscow
KOREVA Olga Vladimirovna
Ph.D. in economical sciences, associate professor, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Oryol State University
PRINCIPLES AND FACTORS OF ENSURING SUSTAINABLE DEVELOPMENT OF REGIONS
In the article, the authors present a list of principles for ensuring sustainable regional development and characterize them; describe various approaches to classifying factors aimed at maintaining the sustainability of the country’s regions; analyze and systematize methods for measuring the sustainability of regional development; conclude on the essence of sustainable and balanced regional development.
Keywords: region, regional development, sustainable regional development, factors of sustainable development, principles of sustainable development.
Bibliographic list of articles
1. Granberg A. G. Fundamentals of regional economics. – M.: State University Higher School of Economics, 2006. – 495 p.
2. Uskova T.V. Theory and methodology of managing sustainable socio-economic development: dis. … doc. econ. Sciences: 08.00.05. – Vologda, 2010. – 410 p.
3. Melnik L.G., Degtyareva I.B., Burlakova I.M. Management of the socio-economic potential of sustainable balanced development of the region // Innovative Russia: experience of regional development: collection of scientific works. – Kursk: Kursk State Technical University, 2009.
4. Khamidulina A. M. Institutional support for balanced development of municipalities in the region. [Electronic resource]. – Access mode: http://www.science-education.ru/pdf/2012 /2/318.pdf (access date: 02/01/2024).
5. Vorontsova I. N. Organizational conditions for balanced development of the region: means and methods of formation and improvement: dis. … doc. econ. Sciences: 08.00.05. – Voronezh, 2014. – P. 26.
6. Melnik L.G., Degtyareva I.B., Burlakova I.M. Management of the socio-economic potential of sustainable balanced development of the region // Innovative Russia: experience of regional development: collection of scientific works. – Kursk: Kursk State Technical University, 2009.
7. Avramchikova N. T. The theory of polarized development of space and the mechanisms of its application in the transition economy of the region. – Krasnoyarsk: SibGAU, 2007. – 140 p.
8. Baranov S.V., Skufina T.S. Analysis of interregional differentiation and construction of ratings of subjects of the Russian Federation // Questions of Economics. – 2005. – No. 8. – P. 54-75.
9. Latysheva M. A. Econometric modeling of inequality in the socio-economic development of regions of the Russian Federation: dis. …cand. econ. Sciences: 08.00.13. – Voronezh, 2010. – 195 p.
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 ofManagement and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service”
BUDGETARY RISKS IN THE IMPLEMENTATION OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS
Public-private partnership implies mutually beneficial cooperation between the state and business, based on pooling resources and sharing risks, responsibilities and results between them. Public-private partnership projects are a source of long-term budget spending commitments. Due to the fact that such obligations have a long term, they are subject to additional risks. The article is devoted to the analysis of risks in the application of public-private partnership projects.
Keywords: mechanism, budget, economy, cooperation, private sector, public-private partnership.
Bibliographic list of articles
1. World Bank Asian Development Bank; Inter-American Development Bank. Public-Private Partnerships: Reference Guide, Version, 2014. [Electronic resource]. – Access mode: https://openknowledge.worldbank.org/entities/publication/e5eebb0f-1571-5ac0-a3ef-ae4cab61229d (accessed: 02/22/2024).
2. Radchenko E. P., Vdovina A. N. Attracting extra-budgetary investments as a way to ensure the economic security of public-private partnership projects // Man: crime and punishment. – 2022. – T. 30 (1-4). No. 2. – pp. 206-215.
3. International Bank for Reconstruction and Development / International Development Association or The World Bank, 2012. [Electronic resource]. – Access mode: https://openknowledge.worldbank.org/entities/publication/d4836c84-a44e-58c1-862e-8a51b4887cd7 (accessed: 02/22/2024).
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. Varnavsky V. G., Klimenko A. V., Korolev V. A. Public-private partnership: theory and practice, 2010. – 287 pp.
6. Kozin M. N., Radchenko E. P. On the issue of the development of public-private partnership projects: foreign experience and current trends in ensuring economic security // Financial Economics. – 2021. – No. 4. – P. 252-257. – 0.35 p.l. – including copyright ones – 0.25 p.l.
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.
ECONOMY. RIGHT. SOCIETY
SPASSKAYA Nataliya Vladimirovna
Ph.D. in economical sciences, associate professor, Head of Innovation and applied economics sub-faculty of the I. S. Turgenev Oryol State University
KUZNETSOVA Karina Viktorovna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Oryol State University
COMPARATIVE ANALYSIS OF THE MAIN PREVENTIVE MECHANISMS FOR IDENTIFYING THE FINANCIAL CONDITION OF AN ENTERPRISE
In the article, the authors systematize the models existing in the theory and in the Russian practice of anti-crisis management used to identify the crisis state of economic entities; identify and characterize the advantages and disadvantages of these models; conclude that an integrated approach to identifying the crisis in the enterprise is necessary.
Keywords: anti-crisis management, financial condition of the enterprise, bankruptcy, preventive crisis identification mechanisms.
Bibliographic list of articles
1. Artemenko V. G., Bellendir M. V. Financial analysis. – M.: DIS, 2017. – 364 p.
2. Blank I. A. Anti-crisis financial management of an enterprise. – Kyiv: Nika-center: Elga, 2006 (SPb.: Printing house “Science”). – 663 pp.
3. Ermakova L. V. Mechanism for diagnosing and managing the potential of an integrated economic system in conditions of instability: the example of a lighting engineering holding: dis. …cand. eco
V. P. Salnikov:
The legendary path from the OKD (Operational Komsomol Detachments) to the St. Petersburg University of the MIA of Russia and beyond – an era of a lifetime and an edification for future generations
Interview with Viktor Petrovich Salnikov, Ph.D. in Law, professor of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation, State Adviser of Justice of the first class, Honored Scientist of the Russian Federation, Honorary Worker of higher professional education of the Russian Federation, retired police Lieutenant General, academician of the Russian Academy of Natural Sciences (RANS).
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
PARTICIPATION OF NON-GOVERNMENTAL BODIES IN PUBLIC LAW REGULATION OF FOREIGN TRADE IN GOODS
The article reveals the role of non-governmental bodies in public law regulation of foreign trade in goods. It shows options for foreign trade business, trade unions, associations and chambers of declaring and defending their interests. The provisions of international acts, national legislation are used, on bringing legal information to persons concerned, on considering by regulatory institutions their views and propositions. Independent powers of non-governmental entities in ensuring foreign trade activities are emphasized. Examples are given of issuance of documents confirming the right to tariff preferences and other advantages in the course of customs operations of transit and temporary import (export) of goods. The initiatives are examined of concerned persons’ appeal to federal executive authorities, the Eurasian Economic Commission, the Court of the Eurasian Economic Union and its implications for the law of the Union.
Keywords: public law regulation, foreign trade in goods, the law of the Eurasian Economic Union, non-governmental bodies, customs regulation, customs, customs tariff preferences, non-tariff and safeguards measures, Russian Export Center, non-governmental associations, participants of foreign economic activities, regulatory impact analysis, advisory committees and councils.
Bibliographic list of articles
1. Administrative law: textbook / Ed. ed. A. S. Telegina; Perm State National Research University. – Perm, 2020. – 340 pp.
2. Alekhin A.P., Karmolitsky A.A. Administrative law of Russia. First part: Textbook. – M.: Zertsalo-M, 2011. – 520 p.
3. Bakhrakh D.N., Rossiyskiy B.V., Starilov Yu.N. Administrative law: Textbook for universities. – 2nd ed., rev. and additional – M.: Norma, 2005. – 800 p.
4. Kitaeva Kh. I. Lawmaking in a rule-of-law state: Author’s abstract. dis. …cand. legal Sci. – M., 2006. – 24 p.
5. Lomakina E. V. Non-state regulation of international public relations: Author’s abstract. dis. …cand. legal Sci. – Chelyabinsk, 2015. – 31 p.
6. Pavlov P.V. Special administrative and legal regimes for foreign trade activities (theoretical and applied aspect): dis. … doc. legal Sci. – Lyubertsy, 2012. – 491 pp.
7. Panarina M. M. Non-state regulation of trading activities: unified rules, customs and codes of best practices: Author’s abstract. dis. …cand. legal Sci. – M., 2017. – 32 p.
8. Shindina A.V. The Institute of Delegation in the Constitutional System of Power of the Russian Federation: Author’s abstract. dis. …cand. legal Sci. – Penza, 2017. – 28 p.
INTERNATIONAL LAW
DUBROVINA Anastasiya Nikolaevna
student of the Institute of Law of the Volgograd State University
FANTROV Pavel Petrovich
Ph.D. in political sciences, senior lecturer of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
THE LEGAL NATURE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA: ESTNE LEGALIS?
The authors assess the legal nature of the International Tribunal for the Former Yugoslavia. The work analyzes UN documents and other international legal acts that regulated the activities of the tribunal, and also provides a conceptual analysis of its validity. The authors of the article came to the conclusion that there were no legal grounds for holding the International Tribunal.
Keywords: ICTY, UN General Assembly, International Court of Justice, UN Security Council, International law, legal basis, legality, competence.
Bibliographic list of articles
1. Kibalnik A. G. Where is international criminal justice going? // All-Russian criminological journal. – 2018. – No. 2.
2. Lukashuk I. I. On the invalidity of international treaties // State and law. – 2005. – No. 8.
3. Mikhailov N. G. International Criminal Tribunal for the former Yugoslavia. Problems of competence // Bulletin of the Russian Peoples’ Friendship University. Series: Legal sciences. – 2006. – No. 1.
4. Novikov S.S. Problems of illegitimacy of the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) // Gaps in Russian legislation. – 2011. – No. 1.
5. Shamarov P.V. On the issue of the activities of the international tribunal for the former Yugoslavia // Bulletin of the Academy of Law and Management. – 2015. –No. 4.
INTERNATIONAL LAW
KLYACHIN Vyacheslav Matveevich
Ph.D. in Law
INTERNATIONAL LEGAL PROBLEMS OF RESPONSE TO THE EMERGENCE AND SPREAD OF EPIDEMICS
The article is devoted to the consideration of international legal problems of responding to the emergence and spread of epidemics (using the example of COVID-19). The problem of predicting the scenario for the development of the situation at the initial stage of large-scale infectious infection is considered separately.
Keywords: infections, pandemic, international legal regulation of the fight against epidemics, response, forecasting.
Bibliographic list of articles
1. Zhbikovsky V. Some legal aspects of the “anti-crisis shield” adopted in Poland due to the coronavirus pandemic: “Law in emergency situations: limits and possibilities: Materials of the All-Russian scientific and practical conference with international participation. – Irkutsk, October 30, 2020 – pp. 60-63.
2. [Electronic resource]. – Access mode: https://championat.com>best.
3. The beginning of May 2020 – then no one, even approximately, could foresee how further events would develop (author’s note).
4. Klyachin V. M. Radiation disasters – a threat to national security // Observer. – M.: RAU-University, 2013. – No. 12 (287). – P. 6-14. Poston T., Stewart I. Catastrophe theory and its applications. Per. from English – M.: Mir, 1980. – P. 525-527.
5. Zueva L.P., Yafaev R.Kh. Epidemiology: study. for universities. – St. Petersburg: Foliot, 2005. – P. 118.
6. Arnold V.I. Theory of disasters. Ed. 5th. – M.: Editorial URSS, 2009. – 136 p.
7. [Electronic resource]. – Access mode: https://m.lenta>news>reptrbndzr; https://www/interfax.ru>world.
8. [Electronic resource]. – Access mode: https://ria.ru>News.
9. [Electronic resource]. – Access mode: https://sports.ru>others.
10. [Electronic resource]. – Access mode: https://www.interfax.ru>world; see also: coronavirus-monitor.ru.
11. [Electronic resource]. – Access mode: https://iz.ru>News>World.
12. [Electronic resource]. – Access mode: Yandex.ru.ncov.blog.
13. [Electronic resource]. – Access mode: Yandex.ru. coronavirus-monitor.ru
14. Vorontsov A.V. National characteristics of the Korean nation that contributed to the success of the fight against COVID-19 // Russia and Korea: a view from Siberia: abstract. and report Intl. scientific-practical conf. Irkutsk, October 10-11. 2020 – Irkutsk: ISU Publishing House, 2020. – pp. 14-19.
15. Gorlinsky A.I. International political cooperation in the fight against global epidemics at the present stage: dis. …cand. watered Sci. St. Petersburg State University. – St. Petersburg, 2008. – 158 p.
16. Klimenko E. P. Directions of activity of the Commonwealth of Independent States in the fight against infectious diseases // Scientific notes of the Tauride National University named after. V. I. Vernadsky Series “Legal Sciences”. – 2014. – Volume 27 (66). No. 2. – pp. 49-57.
INTERNATIONAL LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Sector of the Institute of State and Law of the Russian Academy of Sciences (RAS)
DUALISM OF INTERNATIONAL AND DOMESTIC LAW IN THE PRACTICE OF IRELAND AND GERMANY
The article is dedicated to one of the “traditional” theories concerning the interaction of international law with domestic law, namely dualism. It examines the theoretical foundations and practical implementation of dualistic approach in the form of transformation of international law into domestic law. Material incorporation is illustrated in detail using the example of Ireland, while formal incorporation is based on the practices of Germany. The article defines the role played by the principle of harmonious interpretation in dualistic systems. It also discusses the hierarchy of norms of international law within domestic legal acts such as the constitution, laws and other legal acts. The issue of the application of norms of international treaties by national courts is addressed. The conclusion is drawn that many dualistic features of certain European states are increasingly becoming a thing of the past, due to the growing number of international treaties, the development of information technologies, and the transformation of judicial activities.
Keywords: legal systems, dualism, transformation, incorporation, agreed interpretation, constitution, Ireland, Germany.
Bibliographic list
1. Bonafé B. International Law in Domestic and Supranational Settings // International Legal Positivism in a Post-Modern World / Ed. by J. d’Aspremont, J. Kammerhofer. – Cambridge: Cambridge University Press, 2014.
2. Triepel H. Volkerrecht und Landesrecht. – Leipzig: Verlag Von C.L. Hirschfeld, 1899.
3. Triepel H. Les rapports entre le droit interne et le droit international // Recueil des cours 1923, t. I. / Par H. Triepel. – Paris: Hachette, 1925.
4. Anzilotti D. Course of international law T. 1. Introduction – general theory // edited by D. B. Levin. – M.: Foreign Literature Publishing House, 1961.
5. Björgvinsson D. The Intersection of International Law and Domestic Law: A Theoretical and Practical Analysis. – Cheltenham: Edward Elgar Publishing, 2015.
6. Higgins R. Themes and Theories: Selected Essays, Speeches, and Writings in International Law. – Oxford: Oxford University Press, 2009.
7. Osminin B.I. Conclusion and implementation of international treaties and domestic law. – M.: Infotropik Media, 2010.
8. Burnam W. Legal system of the USA // Ed. V. A. Vlasikhin. – M.: New Justice, 2006.
9. Phelan D. Monism in International Relations, Dualism in Intentional Law, Trinitarianism in Legal Theory – An Irish Crossroads // Basic Concepts of Public International Law – Monism and Dualism / Ed. by M. Novakovic. – Belgrade: Faculty of Law, University of Belgrade, Institute of Comparative Law, Institute of International Politics and Economics, 2013.
10. Osminin B.I. Acceptance and implementation by states of international treaty obligations. Monograph. – M.: Wolters Kluwer, 2006.
11. Deutscher Bundestag. Parliament’s Role in International Treaties. WD 2-3000-038/17. 18. April 2017. [Electronic resource]. – Access mode: https://www.bundestag.de/resource/blob/509982/1316a1c42f1a8ee8a04cc65640d8af40/WD-2-038-17-pdf-data.pdf
12. Kadelbach S. International Treaties and The German Constitution // The Oxford Handbook of Comparative Foreign Relations Law / Ed. by C. A. Bradley. – Oxford: Oxford University Press, 2019.
INTERNATIONAL LAW
MKRTCHYAN Gayane Yashaevna
postgraduate student of the 3rd course of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
CULTURAL RIGHTS OF INDIGENOUS PEOPLES AS THE BASIS OF THEIR IDENTITY
Indigenous peoples, due to their centuries-old history and attachment to certain lands, are especially sensitive to changes in their cultural identity, separation from traditional values, and sacred sites. Despite all the difficulties, forced colonization and the influence of new traditions and customs of modern society, indigenous peoples have survived precisely because of their pronounced, time-tested identity. The current turbulent geopolitical situation once again poses to society the task of solving basic human, including humanitarian problems, which a few years ago seemed to have lost their relevance. Meanwhile, it cannot be said that the problems of the institution of indigenous peoples have been solved and sufficiently studied to date.
Keywords: indigenous peoples, protection of human rights, cultural diversity, collective rights, UNESCO, self-determination of peoples.
Bibliographic list of articles
1. Charter of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/about-us/un-charter/full-text.
2. UNESCO Universal Declaration on Cultural Diversity. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/cultural_diversity.shtml.
3. Universal Declaration of Human Rights – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml.
4. UN Declaration on the Rights of Indigenous Peoples. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/indigenous_rights.shtml.
5. International Covenant on Civil and Political Rights. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml.
6. General Comment No. 23 of the UN Human Rights Committee. – [Electronic resource]. – Access mode: http://hrlibrary.umn.edu/russian/gencomm/Rhrcom23.html.
7. Public hearings of the World Commission on Environment and Development (WCED), Sao Paulo (28-29 October 1985). – [Electronic resource]. – Access mode: https://www.un.org/ru/ga/pdf/brundtland.pdf.
8. Ilmari Länsman v. Finland. No. 511/1992, UN Doc. CCPR/52/D/511/1992.
9. Jouni E. Länsman v. Finland. No. 671/1995, UN Doc. CCPR/C/58/D/671.1995.
10. Apriana Mahuika et al. v. New Zealand. No. 547/1993, UN Doc. A/56/40 (2000), at 11ff.
11. Mayagna (Sumo) Awas Tingni Community v. Nicaragua, 31 Aug. 2001, Inter-Am Ct HR.
12. Abashidze A. Kh., Blishchenko I. Indigenous peoples and international law // Russian justice. – 1994. – No. 3.
13. Ananidze F. R. InterInternational legal problems of determining the status of indigenous peoples // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2000.
14. Ananidze F.R. Indigenous peoples and the right of peoples to self-determination // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2001.
15. Volkova N.V. Cultural rights as a separate category of the human rights system: international legal aspects // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2013.
16. Garipov R. Sh. The concept of “indigenous people” and their status in international and domestic law. – DOI: 10.7256/2226-6305.2013.3.5362.
17. Guseinov K.K. The problem of protecting the rights of indigenous peoples in modern international law // UrFU, Electronic supplement to the Russian Legal Journal, 2015.
18. Kupriyanov A. The dangerous world of Westphal. – Moscow, 2019. – [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/opasnyy-mif-vestfalya/?sphrase_id=28416659.
19. James S. Anaya. Indigenous People in International Law. Second Edition. – Oxford University Press, 2004.
20. John R. Bowen. Should we have a universal concept of “Indigenous people’s rights”?: Ethnicity and Essentialism in the Twenty-First Century // Anthropology Today. – 2000. – Vol. 16. No. 4.
21. Deloria Jr. Self-Determination and the Concept of Sovereignty // J. R. Wunder (ed.), Native American Sovereignty, 1996.
22. Francioni. Culture, Heritage and Human Rights: An Introduction // F. Francioni and M. Scheinin (eds), Cultural Human Rights, 2008.
23. Kymlicka W. Liberalism, Community, and Culture, 1989.
INTERNATIONAL LAW
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg State University
NIKIFOROVA Elena Nikolaevna
Ph.D. in Law, professor of Constitutional and administrative law sub-faculty, Deputy Dean of the Faculty of Law for Academic Affairs of the St. Petersburg State Economic University
TARKANOVA Tamara Sergeevna
Ph.D. in political sciences, associate professor of Higher School of Media Communications and Public Relations of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
PROSPECTS FOR INTERNATIONAL LEGAL INTERACTION IN THE FIELD OF ENVIRONMENTAL SAFETY IN THE EURASIAN SPACE
This article analyzes the problem of international cooperation in the field of environmental safety in the Eurasian economic space. The authors proceed from the fact that in modern conditions truly collective approaches are required, the integration of joint efforts of all stakeholders. The paper states that the problems of environmental protection and rational use of natural resources can be solved only under the condition of joint legal, economic, political and informational interaction between friendly countries.
Keywords: environmental safety, natural resources, environment, EAEU, friendly countries.
Bibliographic list of articles
1. Alimov A. A., Ermolina M. A. Prospects for Russia’s participation in international cooperation in the field of environmental protection within the framework of the development of Eurasian economic integration // Eurasian Legal Journal. – 2016. – No. 1 (92). – pp. 177-181.
2. Kadyrov A. A. Problems of development of environmental law and legislation of Kyrgyzstan // Environmental law. – 2020. – No. 4. – P. 34-40.
3. Nikiforova E. N., Ermolina M. A. International environmental law in a period of uncertainty // Eurasian Legal Journal. – 2023. – No. 1 (176). – pp. 39-40.
4. Pogodin S. N., Tarakanova T. S. Foreign policy interests of the Russian Federation in Central Asia // Eurasian integration: economics, law, politics. – 2021. –No. 2 (36). – pp. 77-85.
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
CONTROL AND VERIFICATION SYSTEM UNDER THE RAROTONGA AGREEMENT
In this article, the author attempts to analyze the mechanisms for verifying and monitoring compliance with the provisions of the Treaty on a Nuclear-Weapon-Free Zone in the South Pacific Ocean. The research methodology is based on a formal legal and comparative legal analysis of these elements of the Rarotonga Treaty and the Tlatelolco Treaty. The author concludes that, despite the stated concerns about an effective control and verification system, the States of the region preferred to adopt a less stringent control and verification system than that used in the Latin American NWFZ. To a much greater extent than in the Latin American zone, the control system under the Rarotonga Treaty does not provide for systematic and orderly verification procedures, creates difficulties in confirming violations of the Treaty, and limits the final instance to the regional level, rather than international forums.
Keywords: nuclear-weapon-free zone, disarmament, Rarotonga Treaty, reports, information exchange, IAEA safeguards.
Bibliographic list of articles
1. Australian Department of Foreign Affairs, Australia and Disarmament: Steps in the Right Direction. – Canberra, AGPS, 1986. – P. 27-29.
2. Ball D. A Suitable Piece of Real Estate: American Installations in Australia. – Sydney, Hale & lremonger, 2008. – P. 50-51.
3. Ball D. Limiting Damage from Nuclear Attack. Civil Defense and Australia’s Security in the Nuclear Age, Canberra, Strategic and Defense Study Centre, ANU/Allen and Unwin, 2003. – P. 155.
4. Dvke J. V., Smith K. R. Nuclear Activities and the Pacific Islande. – 2004. – V. 9. No. 9/10. – R. 747.
5. Hayes L. American Lake: nuclear peril in the Pacific. – Melbourne, Penguin Books, 2006. – R. 50-61.
6. Fry G. E. Toward a South Pacific Nuclear-Free Zone // Bulletin of the Atomic Scientists. – June-July 2005. – V. 41. No. 17. P. 16.
7. Herr R. A. Diplomacy and Security in the South Pacific // Current Affairs Bulletin. – January 2007. – V. 63. No. 8. – P. 16-21.
8. Firth S. The Nuclear Issue in the Pacific Islands // Journal of Pacific History. – October 2006. – V. 21. No. 4. – P. 207.
9. Fry G. E. Australia, New Zealand and Anns Control in the Pacific Region. The ANZAC Connection, Sydney, Allen & Unwin, 2009. – P. 91-118.
10. Fry G. E. The Hawke Government’s Nuclear-Free Pacific Proposal: Are the Critics Right? // Labor Forum. – September 2004. – V. 6. No. 3. – P. 17-19.
INTERNATIONAL LAW
MKRTCHYAN Gayane Yashaevna
postgraduate student of the 3rd course of International law sub-faculty of the Diplomatic Academy of the MFA of Russia
CULTURAL RIGHTS OF INDIGENOUS PEOPLES: THEORY AND PRACTICE
The needs of indigenous peoples and their expectations of the new age are completely multi-vector, but it is the desire to preserve and flourish their own culture that is a key unifying factor for them, while an indissoluble spiritual connection with the ancestral land is important. It is this connection, tied to a specific geographical and historical identity, that distinguishes them from other minorities and disadvantaged groups. The issue of protecting the rights of indigenous peoples is inextricably linked to the existing principles of international law and, to some extent, is their continuation. The relevance is expressed in the need to increase legal instruments to ensure proper protection of the rights of indigenous peoples, in finding their new place in the modern political and public space, as well as in continuing the process of continuous development of basic human rights and freedoms, which, despite the high level of development of society, are still being infringed.
Keywords: indigenous peoples, protection of human rights, cultural diversity, collective rights, UNESCO, self-determination of peoples.
Bibliographic list of articles
1. Charter of the United Nations. – [Electronic resource]. – Access mode: https://www.un.org/ru/about-us/un-charter/full-text.
2. UNESCO Universal Declaration on Cultural Diversity. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/cultural_diversity.shtml.
3. Universal Declaration of Human Rights. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declhr.shtml.
4. UN Declaration on the Rights of Indigenous Peoples. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/indigenous_rights.shtml.
5. International Covenant on Civil and Political Rights. – [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml.
6. General Comment No. 23 of the UN Human Rights Committee. – [Electronic resource]. – Access mode: http://hrlibrary.umn.edu/russian/gencomm/Rhrcom23.html.
7. Public hearings of the World Commission on Environment and Development (WCED), Sao Paulo (28-29 October 1985). – [Electronic resource]. – Access mode: https://www.un.org/ru/ga/pdf/brundtland.pdf.
8. Ilmari Länsman v. Finland, No. 511/1992, UN Doc. CCPR/52/D/511/1992.
9. Jouni E. Länsman v. Finland, No. 671/1995, UN Doc. CCPR/C/58/D/671.1995.
10. Apriana Mahuika et al. v. New Zealand, No. 547/1993, UN Doc. A/56/40 (2000), at 11ff.
11. Mayagna(Sumo) Awas Tingni Community v. Nicaragua, 31 Aug. 2001, Inter-Am Ct HR.
12. Abashidze A. Kh., Blishchenko I. Indigenous peoples and international law // Russian justice. – 1994. – No. 3.
13. Ananidze F. R. International legal problems of determining the status of indigenous peoples // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2000.
14. Ananidze F.R. Indigenous peoples and the right of peoples to self-determination // Bulletin of RUDN University, Series: Legal Sciences. – Moscow: Russia, 2001.
15. Volkova N.V. Cultural rights as a separate category of the human rights system: international legal aspects // Bulletin of RUDN University, Series: Legal Sciences. – Moscow, Russia, 2013.
16. Garipov R. Sh. The concept of “indigenous people” and their status in international and domestic law. DOI: 10.7256/2226-6305.2013.3.5362.
17. Guseinov K.K. The problem of protecting the rights of indigenous peoples in modern international law // UrFU, Electronic supplement to the Russian Legal Journal, 2015.
18. Kupriyanov A. The dangerous world of Westphal. – Moscow, 2019. – [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/opasnyy-mif-vestfalya/?sphrase_id=28416659.
19. James S. Anaya. Indigenous People in International Law. Second Edition. – Oxford University Press, 2004.
20. John R. Bowen. Should we have a universal concept of “Indigenous people’s rights”?: Ethnicity and Essentialism in the Twenty-First Century // Anthropology Today. – 2000. – Vol. 16. No. 4.
21. Deloria Jr. Self-Determination and the Concept of Sovereignty // J. R. Wunder (ed.), Native American Sovereignty, 1996.
22. Francioni. Culture, Heritage and Human Rights: An Introduction // F. Francioni and M. Scheinin (eds), Cultural Human Rights, 2008.
23. Kymlicka W. Liberalism, Community, and Culture, 1989.
INTERNATIONAL LAW
XU Jinlin
magister student of the Russian Language Institute (Russian Language and Literature) of the Chinese Petroleum University, Huadong
DAVYDOVA Marina Vitaljevna
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
THE INFLUENCE OF INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS ON INTERNATIONAL LAW
Non-governmental organizations are playing an increasingly important role in the formation and functioning of international law. Although NGOs do not have a uniform definition and do not have international legal personality under the current system of international law, NGOs continue to influence and shape international law with a concern for the public good and public mobilization.
Keywords: non-governmental organizations, international law, international relations.
Bibliographic list of articles
1. Bezhanov I.V. Economics of sanctions and economic wars as a new state of the national economy // Discussion. – 2023. – No. 4 (119). – P. 73-86.
2. Bykova E. V. International cooperation as an integral part of the development of legal systems // International public and private law. – 2018. – No. 2. – P. 20-22.
3. Vladimir N.K. On the essence and some types of generally recognized principles of international law // International public and private law. – 2019. – No. 1. – P. 18-21.
4. Ishchenko O. A., Ishchenko I. G. Problems of implementing the norms of international law in Russian legislation // International public and private law. – 2019. – No. 3. – P. 34-38.
5. Kalamkaryan R. A. International Court of the United Nations: formation and development // State and law. – 2020. – No. 5. – P. 62-71.
INTERNATIONAL LAW
MISHALCHENKO Mariya Yurjevna
senior lecturer of Civil and commercial law sub-faculty of the St. Petersburg State Maritime Technical University
INTERNATIONAL LEGAL AND ECONOMIC ASPECTS OF ENERGY COOPERATION BETWEEN THE RUSSIAN FEDERATION AND INDIA IN THE BRICS SYSTEM
The article examines the international legal aspects of energy cooperation between the Russian Federation and India and examines the main problems that impede effective energy integration between these countries. The interstate interaction between these countries in the energy sector in the BRICS system is considered.
Keywords: energy facilities, energy cooperation, international law, energy resources, the BRICS.
Bibliographic list of articles
1. Zhuchkova T. A. Development of nuclear energy in the world // Innovations and investments. – 2018. – No. 10. – P. 122-125.
2. Kozlov D. A. Energy cooperation between the Russian Federation and the Republic of India: challenges and opportunities // Innovations and investments. – 2020.– No. 4. – P. 54-57.
3. Kuzmin A. A., Karpova E. V., Baidetskaya M. S. Analysis of Russia’s presence in international energy markets // Energy and automation in modern society. – 2023. – pp. 95-101.
4. Manukyan R.K. Trade and economic cooperation between Russia and India in modern conditions // Economic research and development. – 2023. – No. 1. – P. 105-108.
5. Reva A. R. Oil industry of India: analysis and risks // Innovations and investments. – 2018. – No. 3. – P. 97-103.
6. Chesnokova S.V. Russia has become the largest exporter of oil to India // Eastern Analytics. – 2023. – No. 3. – P. 98-107.
7. Shortanov R. A. Investment cooperation between Russia and India in the fuel and energy sector at the present stage and development prospects // Modern economy success. – 2023. – No. 4. – P. 251-255.
INTERNATIONAL PRIVATE LAW
PIKUNOVA Alina Alexandrovna
postgraduate student of International private law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
RESPECT FOR NATIONAL INTERESTS IN THE CROSS-BORDER TRANSFER OF RIGHTS TO THE SECRET OF PRODUCTION
Purpose. This article discusses the need and possibility of disclosure by owners of confidential information regarding the secret of production, for the introduction of such results of intellectual activity on the territory of the Russian Federation.
To control the transfer of production secrets, it is possible to provide a number of provisions in international agreements that will take into account the mutual interests of the States parties to such agreements for the subsequent application of measures at the national level.
To this end, owners and developers of production secrets in certain industries need to provide information about ongoing developments, as well as about already completed developments to the state.
Additionally, it is proposed to develop a mechanism that includes a set of incentive measures for copyright holders of the secret of production and the procedure for evaluating such results of intellectual activity.
The method or methodology of the work. The system of general scientific methods consists of: analysis, synthesis, analogy. The comparative legal method was used in the study of the legislation of various states. When developing the rules for choosing the applicable law to relations arising over digital assets and the rules for resolving a preliminary conflict of laws issue, the method of legal modeling was used. To a lesser extent, in relation to other methods, a statistical method was used to analyze and compare the number of technology transfer agreements protected by confidentiality and patent license agreements.
The results consist in identifying the procedure for the safe disclosure of information regarding the secret of production, disclosing the specifics of the confidential information regime and its impact on risks in cross-border transactions; developing a concept for determining the applicable law for cross-border turnover of the secret of production and for resolving a preliminary conflict of laws issue; proposing a mechanism for disclosure by owners of confidential information regarding the secret of production for the introduction of such results of intellectual activity on the territory of the Russian Federation and the consequences for the owner if such information is not provided.
Scope of the results. The accumulated theoretical base can be used for further research on the regulation of cross-border trade in production secrets. The mechanism of accounting by the state for ongoing developments, as well as already completed developments in relation to information protected by the confidentiality regime, can be applied and fixed in the norms of law, which theoretically can allow Russia to increase profits from the use of such innovative technologies. The result of the joint efforts of the state and specialists should be such conditions under which the infrastructure for creating a commercial product based on the results of intellectual activity, namely, the secret of production, develops.
Keywords: international agreement, convention, secret of production, intellectual activity, trade secret, innovative modernization, invention, result of intellectual activity, confidential information, interests of the state, national interests.
Bibliographic list of articles
1. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (WTO, Uruguay Round of Multilateral Trade Negotiations, April 15, 1994). – [Electronic resource]. – Access mode: https://rospatent.gov.ru/ru (02.15.2023).
2. Intellectual property law: textbook / E. P. Gavrilov, O. V. Dobrynin [etc.]; edited by I. A. Gemini; Russian Institute of Intellectual Scienceproperty. – Moscow: Prospekt, 2014. – 960 pp.
3. Gulidov P. Know-how: specifics of regulation in the Civil Code of the Russian Federation / P. Gulidov // Arsenal of an entrepreneur. – 2013. – No. 3. – P. 44.
4. Danilin S. N., Borisov A. N. Commentary on part four of the Civil Code of the Russian Federation Commentary on part four of the Civil Code of the Russian Federation (article-by-article). – M.: Business Dvor, 2015. – 896 p.
5. Dorotenko D. Production secret (know-how): legal status // GARANT.RU, March 22, 2018
6. Pirogova V.V. Exhaustion of exclusive rights and parallel imports. – M.: Statute, 2008. – P. 147.
7. Sergeev A.P. Intellectual property rights in the Russian Federation. – M.: TK Welby, 2004.
8. Sagdeeva L. V. The principle of exhaustion of rights as a limitation of exclusive rights // International law. – 2017. – No. 3.
9. Shakhnazarov B. A. Parallel import and implementation of the principle of exhaustion of exclusive rights in the context of contractual relations of economic entities // Bulletin of the O. E. Kutafin University (MSAL). – 2023. – No. 9.
10. Bradley L. D., Mahony I. G., Psychogeos N. J., Naughton E. J. United States // International Licensing / General ed. Campbell D. London, England: BNA International Inc, 2005. – Pp. US/9-US/107. – 233.
11. Folsom R. H., Gordon M. W., Spanogle J. A. International Business Transactions: A Problem Oriented Coursebook. – St. Paul, West Group, 2002. – R. 1424.
12. Sehirali F. N. Schutz des know-how nach türkischem, deutschem und europäischem Recht. – Carl Heymanns Verlag KG. Köln, Berlin, Munich, 2004.
INTERNATIONAL PRIVATE LAW
TOKAREV Ruslan Yurjevich
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
BORISENKO Nikita Sergeevich
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHIKOVA 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, Krasnodar
CONFLICT OF LAWS AND SUBSTANTIVE REGULATION OF INTERNATIONAL LABOR RELATIONS
The article is devoted to the study of substantive and conflict of laws regulation of cross-border labor relations. A study was conducted of the provisions of international treaties relating to the regulation of cross-border labor relations. The main problematic issues related to the lack of conflict of laws regulation of labor relations, complicated by a foreign element in the Russian Federation, are identified. A proposal has been presented to amend the Labor Code of the Russian Federation, taking into account the most common conflict of law provisions in foreign legislation in the field of cross-border labor relations. The expediency of ratification by the Russian Federation of a number of international treaties is indicated.
Keywords: cross-border labor relations, international treaty, conflict of laws rule, autonomy of will, foreign element.
Bibliographic list of articles
1. Bekyashev D.K. International labor law (public legal aspects). – Moscow: Prospekt, 2015. – pp. 14-15.
2. 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.
3. Egiazarova M.V. Unification of norms regulating labor relations in private international law: specialty 12.00.03 “Civil law; business law; family law; private international law” // dissertation for the degree of candidate of legal sciences. – Moscow, 2018. – P. 222.
INTERNATIONAL PRIVATE LAW
IBRAKHIM Murat Muhamad S.
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHIKOVA 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, Krasnodar
PETROVSKIY Vladislav Andreevich
fourth-year undergraduate student of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
THE IMPACT OF CODIFICATION OF THE NORMS OF PRIVATE INTERNATIONAL LAW ON THE DEVELOPMENT OF MODERN CONFLICT-OF-LAWS REGULATION OF PRIVATE CROSS-BORDER RELATIONS
The article raises questions about the influence of the codification of international private law on the development of modern conflict of laws regulation of private cross-border relations. Codification of the norms of private international law is a type of systematization of law, the basis of which is the consolidation of legal norms in a certain sequence in order to optimize the regulation of private law relations that have an important connection with the legal orders of two or more countries. Through codification, legislation is filled with new content, outdated provisions are changed to modern ones, which helps to eliminate gaps. Codification of the norms of private international law acts as the highest level of systematization of legislation in this area and is associated with the revision of certain areas of law, the implementation of external and internal processing of the provisions of current legislation, which contributes to the preparation and adoption of a new structured legal act, a strictly established system of rules of which would regulate the sphere of private legal relations affected by a foreign element.
Keywords: codification, private international law, labor relations, foreign element, conflict of laws rule.
Bibliographic list of articles
1. Krutiy E. A. Modern codifications of international private law: dis. …cand. legal Sci. – M., 2012.
2. Glinshchikova T. V. International legal regulation of factoring activities // Essays on the latest cameralistics. – 2012. – No. 2.
3. Marysheva N. I., Lazareva T. P., Vlasova N. V. Civilistic Concept of International Private Law // Journal of Russian Law. – 2015.
EUROPEAN LAW
LEBEDEVA Yana Igorevna
scientific researcher of the Human Rights Sector of the Institute of State and Law of the Russian Academy of Sciences (RAS)
DELEGATION OF POWERS TO THE EUROPEAN UNION IN THE PRACTICE OF THE DANISH SUPREME COURT
The article examines the positions of the Danish Supreme Court regarding the delegation of powers to the European Union. The highest judicial body of the Kingdom rarely addressed questions about the procedure and limits of such delegation, despite the fact that the state has been involved in the European integration project for quite a long time. The first decision of the Supreme Court on the issue of delegation of powers is related to the adoption of the Maastricht Treaty of 1992, which not only established the European Union, but also significantly expanded the powers of the European Economic Community (the latter received the name of the European Community as a result of the reform). In many ways, the Supreme Court’s attempt to abstract from issues related to EU membership is due to the fact that participation in integration processes is traditionally considered in the state as the prerogative of the legislative and executive branches of government. However, the Court’s practice also recognizes the importance of the European integration project for every Danish citizen, so it accepts individual complaints regarding the possible withdrawal of the Union beyond the limits of delegated powers. Such a complaint was also sent by the applicants regarding Denmark’s accession to the Lisbon Treaty of 2007, the adoption of which marks the newest phase of the EU’s development. In 2016, the Supreme Court considered the Ajos case, in which, for the first time, it refused to follow the position of the EU Court of Justice expressed in response to a preliminary request. Finally, it is concluded that the Danish supreme judicial authority, like other European courts, is undergoing an inevitable process of forming its own position on the delegation of sovereign powers.
Keywords: Denmark, Folketing, Supreme Court, constitutional law, sovereignty, delegation of authority, identity, European law, European Union.
Bibliographic list of articles
1. Engström, V. How to Tame the Elusive: Lessons from the Revision of the EU Flexibility Clause // International Organizations Law Review. 2010. No. 7 (2). P. 343-373.
2. Kashkin S. Yu., Chetverikov A. O. European Union: Fundamental Acts as amended by the Lisbon Treaty with comments. Moscow: INFRA-M, 2007.
3. Krunke H., Baumbach T. The Role of the Danish Constitution in European and Transnational Governance// National Constitutions in European and Global Governance / Ed. by A. Albi, S. Bardutzky. The Hague: T.M.C. Asser Press, 2019, pp. 269-313.
4 Lebedeva Y. Positions of the Federal Constitutional Court of Germany regarding certain aspects of European integration // Comparative Constitutional Review. 2023. No. 4 (155). pp. 76-92.
5. Terkelsen O. The Ajos Case and the Danish Approach to International Law // European Public Law. 2018. 24 (2). P. 183-193.
6. Entin K.V. The law of the European Union through the prism of the practice of the Court of Justice of the European Union. Moscow: Statute, 2020.
7. Lebedeva Ya. I. Protection of human rights in the practice of the EU Court: from origins to the present // Journal of foreign legislation and comparative law. 2023. T. 19, No. 4. P. 120-131.
8. Madsen M., Olsen H. Legal Disintegration? The Ruling of the Danish Supreme Court in AJOS. [Electronic resource]. – Access mode: https://verfassungsblog.de/legal-disintegration-the-ruling-of-the-danish-supreme-court-in-ajos/
9. Benackova M. Ajos (Dansk Industri) – A challenge to the primacy of EU law? [Electronic resource]. – Access mode: https://blogs.kcl.ac.uk/kslreuropeanlawblog/?p=1150
EUROPEAN LAW
CHERNOBAEV Sergey Valerjevich
master of Law, postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
EXAMINING THE EVOLUTION OF DIGITAL MARKETS AND THE SIGNIFICANCE OF APPLYING ARTICLE 102 TO SAFEGUARD COMPETITION
This article examines the evolution of the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU) in digital markets and its importance for the protection of competition. It explores both technological progress and new business models that necessitate the adaptation of traditional legal frameworks. The author analyzes how changing the concepts of market dominance and competition under the influence of digitalization requires flexible, innovative approaches in legal and economic policy to effectively protect the competitive market. The article offers recommendations for ensuring fair competition, which takes into account the unique features of the digital economy, and emphasizes the importance of a balance between regulation and stimulating innovation. Based on the relevant works of scientists and the analysis of judicial practice, the author concludes that in the future regulation should support the dynamic nature of digital markets and promote their correct and honest development.
Keywords: law; antitrust law, EU competition law, article 102 TFEU, European Court of Justice, EU case law, digital monopoly.
Bibliographic list of articles
1. The Application of EU Competition Law in the Digital Age // Journal of European Competition Law & Practice. – 2023. – [Electronic resource]. – Access mode: https://academic.oup.com/jeclap/article-abstract/13/1/51/6517652?redirectedFrom (access date: 01/12/2024).
2. The Role of Data in Competition Law: Towards a More Dynamic Market Analysis // Computer Law & Security Review.
3. Streitfeld D. Digital Dominance: The Power of Google, Amazon, Facebook, and Apple // Law Insider Journal.
4. Van Damme. Challenges of Antitrust in a Digital Economy // The Journal of Competition Law & Economics.
5. Jones A. Platform Powers: Exploring the Evolving Nature of Monopoly Power in Digital Markets // European Competition Journal. – 2023.
6. Antitrust and Regulation in the EU Digital Single Market // Journal of European Competition Law & Practice. – 2022. – [Electronic resource]. – Access mode: https://academic.oup.com/jeclap/article-abstract/12/3/181/6174324 (access date: 12/30/2023).
7. Case: T-612/17 – Google and Alphabet v Commission (Google Shopping). – 2021. – [Electronic resource]. – Access mode: https://curia.europa.eu/juris/liste.jsf?num=T-612/17 (access date: 12/20/2023).
8. Case: AT.40153 E-book MFNs and related matters (Amazon). – 2017. – [Electronic resource]. – Access mode: https://ec.europa.eu/competition/antitrust/cases/dec_docs/40153/40153_4392_3.pdf (access date: 12/20/2023).
INTEGRATION LAW
NAKRYZHSKAYA Valeriya Arkadjevna
postgraduate student of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
REFLECTION OF ESG PRINCIPLES IN INDUSTRIAL POLICY OF THE EUROPEAN UNION, EURASIAN ECONOMIC UNION AND THE PEOPLE’S REPUBLIC OF CHINA
The purpose of this article is to analyze the practice of ESG principles implementation in the industrial policies of the European Union (EU), the Eurasian Economic Union (EAEU) and the People’s Republic of China (PRC). The author examines in detail the latest regulatory documents and acts of strategic nature of the two economic associations, identifying the specifics of the integration of ESG principles in the sphere of industrial policy, subsequently making a comparison with the experience of China. The article also highlights the development goals of industrial policy aimed at achieving sustainable development. The results of the study contribute to an in-depth understanding of approaches to integrating ESG principles into the field of industrial activities, as well as identifying common trends and differences between regional economic unions and the most industrially oriented state.
Keywords: industrial policy, European Union, Eurasian Economic Union, China, ESG principles, industrial decarbonization.
Bibliographic list of articles
1. Tatarkin A.I. Industrial policy as the basis for systemic modernization of the Russian economy // Bulletin of ChelSU. – 2008. – No. 19.
2. Klevtsov S. M., Tevyashova A. S. Application of the “Green” economy model at the global level and in the Central Black Earth region of the Russian Federation // Tauride Scientific Observer. – 2017. – No. 3-2 (20).
3. Rastopchina Yu. L., Kovaleva E. I. “Green” economy and “Green” investments of China: opportunities and prospects // Scientific result. Economic research. – 2023. – No. 3.
4. Gursky V. L. Theoretical foundations for the formation of a general strategy for the development of industry of the EAEU member states // News of the National Academy of Sciences of Belarus. Humanities Series. – 2023. – T. 68. No. 1. – P. 61-71.
5. Report of the IEA working group Prospects for energy technologies // International Energy Agency. – 2023.
6. Simone Tagliapietra, Reinhilde Veugelers, Jeromin Zettelmeyer. Rebooting the European Union’s Net Zero Industry Act // Bruegel Blueprint. – 2023.
7. Hongtao Shen, Honghui Lin, Wenqi Han, Huiying Wu. ESG in China: A review of practice and research, and future research avenues // China Journal of Accounting Research. – 2023. – Volume 16. Issue 4.
8. Alexander van Kemenade, Anjali Shukla, Jin Yanning, Georgia McCafferty, Helena Lim, Amanda Simms. ESG priorities in China: How companies in China are approaching ESG // Fidelity International.
9. Xiao Wang, Kuan Sun, Zhiguo Xiao. Industrial Policy and the Rise of China’s Strategic Emerging Industries // American Economic Association. – 2022.
COMPARATIVE LAW
IZRALOVSKIY Nikolay Romanovich
student of the Faculty of Law of the St. Petersburg University
PETROVA Antonina Sergeevna
student of the Faculty of Law of the St. Petersburg University
DIGITALIZATION OF CIVIL PROCEEDING IN BRICS COUNTRIES: BRAZILIAN AND SOUTH AFRICAN EXPERIENCE
In 2023, the authors conducted a study of the digitalization of civil procedure in the BRICS countries. This paper is the first part of a series of publications of the outcomes of the academic analysis of this phenomenon. The authors start with a review of the general problems of digitalization of civil procedure in the BRICS countries, then successfully turn to the experience of Brazil and the Republic of South Africa in the introduction of digital technologies in civil procedure and the application of artificial intelligence in the activities of the courts. In conclusion, the authors conclude that the pace of digitalization varies and that it is necessary to create an up-to-date legislative framework that takes into account the latest achievements of information technologies.
Keywords: civil procedure, BRICS, Brazil, South Africa, digitalization, artificial intelligence technologies.
Bibliographic list of articles
1. Razveykina N. A., Shikhanova E. G., Dmitriev A. V. Digitalization of Legal Proceedings as a Way to Ensure Access to Justice // Bulletin of Perm University. Legal sciences. – 2022. – No. 58. – P. 621-627.
2. Rusakova E.P., Frolova E.E. Current Problems of Digital Justice in the BRICS Countries // Smart Technologies for the Digitization of Industry: Entrepreneurial Environment. Smart Innovation, Systems and Technologies. – 2021. – Vol. 254. – P. 143-153.
3. Prasałek, J. Digitalization of civil proceedings. // Scientific Journal of Bielsko-Biala School of Finance and Law. Bielsko-Biała, PL. – 2015. – No. 3. – P. 82-104.
4. Damian C., et al. Regulation of Artificial Intelligence in BRICS and the European Union. // BRICS Law Journal. – 2021. – No. 1. – R. 86-115.
5. Rahbari, E., Shabanpoor, A. The Challenges in Employing AI Judge in Civil Proceedings. // Legal Research Quarterly. – 2023 – No. 25. – R. 419-444.
6. Kleinberg, J., Ludwig, J., Mullainathan, S., Sunstein, C. R. Discrimination in the Age of Algorithms. // Journal of Legal Analysis. – 2018. – No. 10. – R. 113-174.
7. Kerche, F., de Oliveira, V. E., Couto C. C. The Brazilian Councils of Justice and Public Prosecutor’s Office as Instruments of Accountability // Brazilian journal of public administration. – 2020. – No. 5. – R. 1334-1360.
8. Legg, M., Song, A. The courts, the remote hearing and the pandemic: from action to reflection. // UNSW Law Journal. – 2020. – No. 1. – R. 126-166.
9. De Souza, J., Finger, M., De Araújo, J., Maranhão, J. Selecting and ranking leading cases in Brazilian Supreme Court decisions. // The Knowledge Engineering Review. – 2023.– No. 38. – E7.
10. Brait, B., Pistori, M. H. C., Dugnani, B. L., Stella, P. R., & Rosa, C. G. Ethical Answerability in Science, Art, and Life. // Bakhtiniana: Revista de Estudos do Discurso. – 2023. – No. 18 (1).
11. Mabeka, N. Q. The impact of e-technology on the law of civil procedure in South Africa. Abstract of the dissertation for the degree of Doctor of Law. Pretoria, Gauteng, South Africa, 2018. – R. 275
12. Van Der Merwe, D., Roos, A., Erlank, W., Eiselen, S., Nel, S., Mabeka, Q. & Pistorius, T., Information and Communications Technology Law 3rd Ed. // South Africa: LexisNexis, 2022.
THEORY OF STATE AND LAW
ABYZOVA Elena Raviljevna
Ph.D. in Law, associate professor, Judge of the Arbitration Court of Moscow
THE DEVELOPMENT OF THE INFORMATION COMPONENT OF CIVIL SOCIETY
Civil society cannot be opposed to the state. They are closely interrelated and interdependent social, political and legal phenomenon, the implementation of which the leading role belongs to the ideal civil society, creates a mechanism to achieve the public interest, including through the abuse of an individual personality, what is the state. Eliminating beginning integrating, what appears to state that restricts the individual individualism, and implies the abolition of the civil society, its conversion into unrelated set of individuals that could lead to anarchy reign. Based on this thesis, we can conclude that if a person is part of a particular social system, his being in it implies a functional relationship between them, as well as the transformation of the system as a result of human activity: the system itself and the person individually developing, acquiring new properties and forms. As one of such forms currently the information society is developing.
Keywords: information revolution, the rule of law, electronic state, right, state, the functions of the state, making the right, information society.
Bibliographic list of articles
1. Bachilo I. L. On the connection between civil society and information society in the context of globalization // Proceedings of the Institute gosudarstva i prava Rossiiskoi akademii nauk. 2011. No. 6. S. 64.
2. Hegel G.V. Philosophy of Law. M., 1990.
3. Grudtsyna L. Yu. Philosophical and legal concept of civil society as a self-organizing social system: from Hegel to the present day // Administrative and municipal law. 2014. No. 4.
4. Lebedev P. A., Petukhova S. I. Social media: indicators of the development of the information society // Monitoring obshchestvennogo mneniya: economic and social change. 2010. No. 5. S.9.
5. Levashov V.K., Saryan V.K., Nazarenko A.P., Novozhenina O.P., Toshchenko I.Zh., Shushpanova I.S., Salomatina E.V. Development of information and communication technologies and prospects civil society // Sociological studies. 2016. No. 9.
6. Martin W. Concepts of the information society. 2017.
7. Mikhailova E.V., Skogorev A.P. The role of information technologies in the development of civil society in modern Russia (Internet practices) // Political Conceptology. 2017. No. 2.
8. Pozdnyakov E. A. Russian civil society: illusions and reality // Political class. 2006. No. 22.
9. Ponomareva A. E. Electronic democracy in the conditions of development of electronic government in the Russian Federation // Young scientist. 2021. No. 21 (363).
10. Palazyan A. S. Modern law: functional aspect. M., 2009. P. 215.
11. Ilyicheva M. V. State and institutions of civil society: interaction in digital reality: political science analysis: diss. for the job application Candidate of Science Degree watered Sci. M., 2021. P. 181.
12. Bell D. Social framework of the information society // New technocratic wave in the West. M., 1986.
13. Bell D. The Coming Post-Industrial Society. M., 2001. P. 57.
14. Castells M. The power of originality // New post-industrial wave in the West. Anthology / Under. ed. V. L. Inozemtseva. M., 1999. P. 300.
15. Luhmann N. Globalization of the world community: how to systematically understand modern society // Sociology on the threshold of the 21st century: new directions of research. M., 1998.S. 96.
16. Bauman Z. The Individualized Society. Cambridge: Polity Press, 2001. R. 191.
17. Castells M. Information era: economics, society and culture. M., 2000. P. 35.
18. New technocratic wave in the West: Sat. articles. M., 2000. P. 159.
19. Nye S. J. (Jr.). About the “dispersion of power” The future of power. M., 2014. P. 444.
THEORY OF STATE AND LAW
BASKAKOVA Ekaterina Vitaljevna
magister student of the Higher School of Jurisprudence and Forensic-Technical Expertise at the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
TEBRYAEV Alexander Alexandrovich
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
TRANSFORMATION OF THE INSTITUTION OF TORT LIABILITY IN THE CONTEXT OF THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
The lack of clear legal regulation regarding the distribution of legal responsibility for harm caused by artificial intelligence has a negative impact on the level of public trust in intelligent systems, and also hinders the pace of potential development of innovative technologies. The purpose of this study is to develop a relevant model of legal regulation of compensation for harm caused by artificial intelligence within the Russian legislative field.
Scientific research is based on a methodological basis, including the use of universal scientific methods, as well as special legal methods.
Based on scientific research and foreign experience, proposals have been developed to improve Russian legislation.
Keywords: artificial intelligence, tort, tortious obligation, legal liability, risk-based approach.
Bibliographic list of articles
1. Iriskina E. N., Belyakov K. O. Legal aspects of civil liability for causing harm by the actions of a robot as a quasi-subject of civil relations // Humanitarian Informatics. – 2016. – No. 10. – P. 63-72.
2. Laptev V. A. The concept of artificial intelligence and legal responsibility for its work // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – P. 79-102.
3. Nikitenko S.V. Concepts of tort liability for harm caused by artificial intelligence systems // Bulletin of Economic Justice of the Russian Federation. – 2023. – No. 1. – P. 156-174.
4. Tyutcheva E. S. Legal personality of an “electronic entity”: theoretical analysis // Theoretical and applied jurisprudence. – 2022. – No. 2 (12). – pp. 50-58.
THEORY OF STATE AND LAW
BISYARINA Alina Kharisovna
Head of the Editorial and Publishing Department of the Ufa Law Institute of the MIA of Russia, lieutenant of colonel police
ACTIVITIES OF THE RUSSIAN FEDERATION TO COUNTER TRAFFICKING IN MINORS IN THE PERIOD FROM 2000 TO THE PRESENT (HISTORICAL AND LEGAL RESEARCH)
The author examines the development of Russian legislation on combat trafficking in minors in the period from 2000 to the present. It is noted that during the period under review, a new vector of development of Russian legislation in the field of combat trafficking in minors is observed. As a result of an integrated approach to the problem on the part of the State, which was expressed in improving legislation on ensuring the rights of minors and directly combating trafficking in minors, bringing it to international standards, as well as modernizing the organizational and legal mechanism for countering, today trafficking in minors does not carry a threatening character.
Keywords: minors, trafficking in minors, development of legislation, countering trafficking in minors, legislation to combat trafficking in minors.
Bibliographic list of articles
1. Cockbain E., Bowers K. & Dimitrova G. Trafficking in persons for the purpose of labor exploitation: results of a two-stage systematic review reflecting the European evidence base and synthesizing key research data // J Exp Criminol 14, 319–360 (2018). [Electronic resource]. – Access mode: https://doi.org/10.1007/s11292-017-9321-3.
2. Glotov S. A., Salnikov S. V. Combating human trafficking: legal regulation, foreign and domestic practice. M.: International Law Institute, 2009. 231 p.
3. Karpovich O. G. Management of migration processes in the USA and Russia: comparative analysis. M., 2015. 194 p.
4. Klimantova G.I., Fedotovskaya T.A. The main problems of improving the legislative framework of the state policy for the protection of childhood in the Russian Federation // Analytical Bulletin / founder of the Federation Council. Collection Ross. Federation, Analyt. ex. No. 3: Children’s rights in the Russian Federation: legislation and practice, 2003. pp. 6-14.
5. Markovicheva E. V. Legal support of the rights of minors in the Russian Federation: dis. …cand. legal Sciences: 12.00.01. Volgograd: Volgogr. acad. Ministry of Internal Affairs of Russia, 2003. 201 p.
6. Mizulina E. B. Human trafficking and slavery in Russia: international legal aspect: monograph. M.: Yurist, 2006. 591 p.
7. Samantha Weston, Gabe Mithen. Dealing with ‘risk’ and negotiating: exploring the impact of Awareness Raising Events to Prevent Child Sexual Exploitation // Britainky journal of criminology. Volume 60. No. 2. March. 2020 [Electronic resource]. – Access mode: https://doi.org/10.1093/bjc/azz045 (date of access: 07.13.2021).
8. Martin Nordin. Does Eligibility for Tertiary Education Affect Crime Rates? Quasi-Experimental Evidence // J Quant Criminol (2018). 34.805-829. [Electronic resource]. – Access mode: https://doi.org/10.1007/s10940-017-9355-8 (access date: 07.13.2021).
9. Skachkova G. S. Labor contract in Russia: from the Labor Code of 1918 to the Labor Code of 2001 // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2017. No. 2 (60). pp. 145-173.
THEORY OF STATE AND LAW
GORBUNOV Maxim Dmitrievich
Ph.D. in Law, senior lecturer of Theory and history of state and law sub-faculty of the N. I. Lobachevsky Nizhny Novgorod National Research State University
THE BASIS OF THE DISCOURSE ABOUT THE PLACE OF THE HUMAN IN LEGAL REGULATION
The article raises the problem of an ambiguous understanding of human nature in legal philosophy in the context of legal regulation. There are two groups of theories that answer this question in fundamentally different ways. The first positivist theories are based on the need to limit human vices with the help of compulsory law and order. The second theories proclaim the priority of man and presume that law should ensure the natural desire for good.
Keywords: legal positivism, natural law, humanism, normative system, philosophy of law.
Bibliographic list of articles
1. Vorontsov E. A. The concept of political freedom of Charles Louis Montesquieu // Man. Society. Inclusion. – 2017. – No. 2 (30). – pp. 53-61.
2. Gainutdinova L. A., Gainutdinov R. I. Ideas of C. Montesquieu “about the spirit of the people” and “the way of government” and their influence on modern Russian conservatism // Bulletin of the Russian Christian Humanitarian Academy. – 2021. – No. 4-2. – pp. 197-212.
3. Locke J. Works in 3 volumes: T. 3. – M.: Mysl, 1988. – 668 p.
4. Montesquieu S. Selected works on the spirit of laws / S. Montesquieu; lane from fr. A. G. Gornfeld. – M.: Gospolitizdat, 1955. – 274 p.
5. Montesquieu S. On the spirit of laws. – M.: Mysl, 1999. – 672 p.
6. Austin J. The Province of Jurisprudence Determined / Ed. Rumble W. – Cambridge: Cambridge University Press, 1995. – 344 p.
7. Bentham J. An Introduction to the Principles of Morals and Legislation / Eds. Burns J. H., Hart H. L. A. – Oxford: Clarendon Press, 1970. – 343 p.
8. Bentham J. The Works of Jeremy Bentham. Vol. I. – Edinburgh: W. Tait; Simpkin & Marshall, 1838. – 303 p.
9. Dyzenhaus D. Consent, Legitimacy and the Foundation of Political and Legal Authority / Webber J., Macleod C. // Between Consenting Peoples: Political Communities and the Meaning of Consent. – Vancouver: UBC Press, 2010. – P. 163-187.
10. Hobbes T. Leviathan / Ed. Tuck. R. – Cambridge: Cambridge University Press, 1996. – 618 p.
11. Skinner Q. Hobbes and the Purely Artificial Person of the State // Visions of Politics: Volume III: Hobbes and Civil Science. – Cambridge: Cambridge University Press, 2002. – P. 177-208
THEORY OF STATE AND LAW
GINDULLIN Nail Faniljevich
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
KADYROVA Guzel Faniljevna
Ph.D. in sociological sciences, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
RELATIONSHIP BETWEEN THE CONCEPTS OF “RESPONSIBILITY” AND “PUNISHMENT” IN JURISPRUDENCE
The article discusses different approaches to understanding the definitions of “responsibility” and “punishment”. It is shown that the proposed concepts are not mutually exclusive and do not always contradict each other; rather, they complement each other and reflect different faces of the phenomenon of legal liability itself. The author also touches on the issue of the relationship between two types of legal liability: positive and retrospective.
Keywords: responsibility, punishment, coercion, sanction, legal relationship.
Bibliographic list of articles
1. On crimes and punishments / C. Beccaria; Comp. and preface V. S. Ovchinsky; Per. with it. M. M. Isaeva. M.: INFRA-M, 2010. P. 89.
2. Halfina R. O. General doctrine of legal relations. M., Legal literature, 1974, 348 p.
3. Matuzov N. I., Malko A. V. Theory of state and law. M.: Yurist, 2004. 512 p.
4. Kosolapov R., Markov V. Freedom and responsibility. M.: Politizdat, 1969. P. 68.
5. Nedbaylo P. E. System of legal guarantees for the use of Sovietlegal norms // Jurisprudence. 1971. No. 3. P. 50.
6. Nazarov. B. L. Socialist law in the system of social connections. M.: Legal literature, 1976. 312 p.
7. Lukashuk I. I. Law of international responsibility. M.: Wolters Kluwer, 2004.
THEORY OF STATE AND LAW
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in law, associate professor of Theory of law and public law disciplines sub-faculty of the Samara State University of Economics
SKVORTSOV Dmitriy Sergeevich
postgraduate student of the 2nd course of the Samara State University of Economics
FORMATION OF THE LEGAL CULTURE OF CITIZENS AS A PRIORITY OF THE LEGAL POLICY OF MODERN RUSSIA
The article presents a brief analysis of the essence of such a scientific category as “legal culture”. To understand the essence of this concept, the author analyzes the main functions of legal culture. The article also examines the problem of legal nihilism in the Russian Federation.
Keywords: legal culture, legal policy, legal education, legal awareness, civil society, functions of legal culture, legal nihilism.
Bibliographic list of articles
1. Alekseev S.S. General theory of law: a course in 2 volumes – M.: Legal literature, 1981. – T. 1. – 360 pp.
2. Balyuk G.I. Interrelation of legal culture and socialist democracy. – K.: Knowledge, 1984. – 221 p.
3. Kartashov V. N. Legal culture: concept, structure, functions: monograph – Yaroslavl: Yaroslavl State. University, 2008. – 200 pp.
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THEORY OF STATE AND LAW
SALNIKOV Viktor Petrovich
Ph.D. in Law, professor of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation, Academician of the Russian Academy of Natural Sciences, Honored Scientist of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation
CHAYKA Viktoriya Nikolaevna
Ph.D. in Law, associate professor of Economics and law sub-faculty of the St. Petersburg State Fire Service University of the Ministry of Emergency Situations of Russia
PROKOFJEV Konstantin Georgievich
Ph.D. in Law, associate professor of the branch of Moscow University of Finance and Law in Orsk
TOWARDS THE ANTHROPOLOGY OF LAW: TRANSFORMATIONS OF MODERNITY AND NEW PERSPECTIVES OF LEGAL CONSCIOUSNESS
The article examines current trends in legal consciousness and legal culture as a response to the value and metaphysical shifts of our time. Modernity and postmodernity form a fundamentally new paradigm for building value priorities, which is manifested in the emergence of new, networked, non-institutionalized forms of legal consciousness. Can the classical paradigm of law remain stable in the modern situation, based on the values of tradition, culture, and religion?
Keywords: modernity, risk society, legal consciousness, legal culture, transformation, tradition, security, unconscious.
Bibliographic list of articles
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39. Political and legal management and threats to state sovereignty: Monograph / Under the general. ed. V. P. Salnikova; I. A. Ananskikh, A. A. Vikhrov, M. Yu. Gutman, S. I. Zakhartsev, N. V. Zorina, S. V. Ignatieva, R. F. Ismagilov, A. Yu. Kiyko, O. A. Klimenko, G. N. Krizhanovskaya, S. G. Lysenkov, D. V. Maslennikov, A. K. Mirzoev, S. A. Novozhilov, P. A. Petrov. K. G. Prokofiev, V. P. Salnikov, M. V. Salnikov, S. P. Salnikov, O. E. Starovoitova, I. L. Tretyakov, A. A. Utyuganov, A. G. Khabibulin, D. V. Shkrum. – St. Petersburg: St. Petersburg Military Institute of the Order of Zhukov of the National Guard of the Russian Federation, University Foundation, 2022.
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44. Salnikov V.P. Legal culture. Ch. XX // General theory of state and law. Academic course in three volumes / Rep. ed. M. N Marchenko. 4th ed., revised. and additional Volume 3: State, law, society. – M.: INFRA-M, 2013. – P. 503-530. – in the book. 720 pp.
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54. Salnikov V.P., Kryuchkov R.A., Romanovskaya V.B., Salnikov M.V. Risks in economics, law and social life: scientific approaches to understanding // Legal field of modern economics. – 2015. – No. 9. – P. 203-211.
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THEORY OF STATE AND LAW
SKUDARNOV Alexey Sergeevich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the Institute of Law of the Krasnoyarsk State Agrarian University
ABOUT INDUSTRY TYPES OF LEGAL RESPONSIBILITIES
The article analyzes the problem of the industry criterion for differentiating legal liability into types. Traditional for domestic jurisprudence is the division of legal liability into civil, criminal, administrative, disciplinary and material. Such a classification is based on the type (by degree and nature) of the offense committed by the subject. However, in recent years, the allocation of types of legal liability has become widespread, depending on the branch of law in which it is applied. Some learned note that the presence of its own institution of legal responsibility is a necessary feature of the branch of law, along with the subject and method of legal regulation. At the same time, the ongoing process of division of the system of domestic law and the emergence of new industries, including complex ones, cast doubt on the possibility of forming independent types of legal liability in some of them. In addition, this approach does not allow us to justify the cases of coexistence in one branch of law of several types of legal liability (for example, the presence in labor law of both disciplinary and material liability) or, on the contrary, the regulation of one type of legal liability by the norms of several branches (for example, the legal regulation of criminal liability norms of criminal and criminal procedure law). Given the above circumstances, the article attempts to formulate general theoretical criteria for the independence of a particular type of legal liability. Among them, according to the author, should include the presence of their own legal and factual grounds, a special system of encumbrances of the offender and a separate application procedure. As a result of the study, a conclusion was made about the intersectoral nature of the institution of legal responsibility and the debatability of the industry criterion for dividing it into types.
Keywords: law, legal enforcement, legal responsibility, branch of law, offense.
Bibliographic list of articles
1. Efanov V. A. Differentiation of legal responsibility as an objective process of modernization of modern Russian law // Bulletin of Tambov University. Series: Humanities. – 2008. – No. 1 (57). – P. 334.
2. Petrov V.V. Environmental law of Russia. – M., 1997. – 557 pp.
3. Romanov V.I. Legal responsibility for environmental offenses. – Yoshkar-Ola, 1999. – 202 p.
4. Brinchuk M. M. Environmental and legal responsibility is an independent type of responsibility // Lexrussica. – 2016. – No. 6. – P. 26-46.
5. Lipinsky D. A. Legal nature of legal responsibility in criminal enforcement law // Applied legal psychology. – 2017. – No. 3. – P. 133-140.
6. Zrazhevskaya, T. D. Implementation of constitutional legislation: problems of theory and practice. – M.: Norma, 2017. – P. 88.
7. Kondrashev A. A. Institute of constitutional and legal responsibility in the subject of constitutional law: facets of correlation // Current problems of Russian law. – 2018. – No. 10. – P. 184-194.
8. Constitutional law of Russia. Training course (textbook in two volumes, volume one; seventh edition, revised and supplemented). / Avakyan S. A. – M.: Norma: INFRA-M, 2021. – 864 pp.
9. Batyrov S. E. Financial and legal responsibility. Author’s abstract. dis. …cand. legal Sci. – M., 2003.
10. Sattarova N. A. Financial responsibility: abstracts of reports of the international scientific and practical conference. – Saratov, 2003. – pp. 74-75.
11. Bespalov Yu. F. Family legal responsibility and limitation of family rights // Journal of Russian Law. – 2014. – No. 2. – P. 45-51.
12. Bessonov A. A. Procedural norms of Russian law: dis. …cand. legal Sci. – Saratov, 2001. – 194 p.
13. Vitruk N.V. General theory of legal responsibility. 2nd ed., rev. and additional – M.: Norma, 2009. – 432 pp.
14. Chuklova E. V. Procedural responsibility in the system of legal responsibility // Vector of Science TSU. Series: Legal sciences. – 2013. – No. 4. – P. 68-70.
15. Khachaturov R. L. Formation of branches of law in the Russian Federation // Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (41). – pp. 91-96.
16. Ilyichev F., Fedoseev P. N. Philosophical encyclopedic dictionary. – M.: Soviet Encyclopedia, 1983. – 840 p.
THEORY OF STATE AND LAW
SHOGENOV Timur Mukhamedovich
Ph.D. in economical sciences, Deputy Head of Internal affairs in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
KUCHMEZOV Arsen Nurbievich
senior lecturer of Physical training sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
BURAEVA Lyudmila Alechandrovna
Ph.D. of physics-mathematical sciences, senior researcher of the Research Direction of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
CURRENT PROBLEMS OF COUNTERING INFORMATION THREATS IN EDUCATIONAL INSTITUTIONS
The authors of the article conducted a study of topical issues related to large-scale fake information attacks aimed at destabilizing the situation and spreading panic in educational institutions in many cities of Russia. The measures taken by state bodies aimed at ensuring the information security of educational institutions in modern conditions of foreign political instability, characterized by the intensification of the activities of Western special services aimed at maintaining destructive subversive forces, are considered.
Keywords: fakes, fake information attacks, information confrontation, information security, educational institutions, schools, students, destabilization of the situation in schools, messengers.
Bibliographic list of articles
1. Day of the creation of the Office for organizing the fight against illegal use of information and communication technologies (October 11). – [Electronic resource]. – Access mode: https://prov ladimir.info/?module=articles&action=view&id=24758 (date of access: 02/09/2024).
2. Code of the Russian Federation on Administrative Offenses dated December 30. 2001 No. 195-FZ (as amended on December 25, 2023) // SPS “ConsultantPlus” (date of access: 02/09/2024).
3. The Ministry of Education of the Republic of Moldova warns of massive information attacks on schools from the Ukrainian side. – [Electronic resource]. – Access mode: http://www.vsar.ru/36295_ministerstvo _obrazovaniya_rm_preduprejdaet_o_massovyh_informatsionnyh_atakah_na_shkoly_s_ukrainskoy_storony (date of access: 02/09/2024).
4. Is school security reliable? Fake threats are being sent throughout the country. – [Electronic resource]. – Access mode: https://kaluga.aif.ru/society/details/nadyozhna_li_zashchita_shkol_feykovye_ugrozy _rassylayut_po_vsey_strane (date of access: 02/09/2024).
5. On amendments to some acts of the President of the Russian Federation: decree of the President of the Russian Federation dated September 30. 2022 No. 688 // SPS “ConsultantPlus” (date of access: 02/09/2024).
6. On approval of the Regulations on the Office for organizing the fight against illegal use of information and communication technologies of the Ministry of Internal Affairs of the Russian Federation: order of the Ministry of Internal Affairs of Russia dated December 29. 2022 No. 1110 // SPS “ConsultantPlus” (date of access: 02/09/2024).
7. Omsk residents are urged not to believe fake news about attacks on schools. Rambler reports this. – [Electronic resource]. – Access mode: https://news.rambler.ru/incidents/51989945/?utm_content=news_media &utm_medium=read_more&utm_source=copylink (date of access: 02/09/2024).
8. Letters from Internet terrorists: hooliganism or a special operation to destabilize the situation? – [Electronic resource]. – Access mode: https://www.pnp.ru/social/psikhiatr-rasskazal-kto-i-pochemu-miniruet-shkoly.html (date of access: 02/09/2024).
9. A real war has been launched against Russia. – [Electronic resource]. – Access mode: https://www.gazeta.ru/politics/2022/05/20/14882558.shtml (access date: 02/09/2024).
10. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on December 25, 2023) // SPS “ConsultantPlus” (date of access: 02/09/2024).
11. They wanted the best: fakes about school shooting caught the ears of Russians. – [Electronic resource]. – Access mode: https://iz.ru/1234717/ekaterina-korinenko/khoteli-kak-luchshe-feiki-o-skulshutinge-podniali-na-ushi-rossiian (date of access: 02/09/2024).
12. Shogenov T. M., Fedorenko S. P., Buraeva L. A. On new factors of youth extremism in the conditions of modern foreign policy instability // Eurasian Legal Journal. – 2023. – No. 8 (183). – pp. 431-432.
THEORY OF STATE AND LAW
YAKOVLEV Mikhail Valerjevich
Ph.D. in Law, Deputy Head of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation
NIKONOV Dmitriy Anatoljevich
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation
AVRAMOV Stepan Olegovich
adjunct studentt (full-time and part-time study) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation
LEGAL CULTURE AS A DETERMINANT OF THE EFFECTIVE APPLICATION OF LEGAL INCENTIVES AND RESTRICTIONS
This article highlights the role of legal culture and legislative incentives in the formation of behavioral norms in society. It explores how the legal system, through its laws, influences the daily lives of citizens, establishing the framework of acceptable and unacceptable behavior. Particular attention is paid to the analysis of legal incentives used to encourage or restrict certain actions, and their influence on the formation of legal consciousness and legal culture. The authors point out the potential problems and limitations associated with the use of legal mechanisms as a tool for social management.
Keywords: professional legal culture, legal culture, legal consciousness, legal incentives, legal restrictions.
Bibliographic list of articles
1. Ananskikh I. A., Utkin N. I. Family as a moral and legal value of Russian society // Legal science: history and modernity. – 2023. – No. 10. – P. 12-15.
2. Baranov V. M. Incentive norms of Soviet socialist law. – Saratov, 1978. – 147 p.
3. Bastrykin A.I., Salnikov V.P. The idea of man in the teachings of F.M. Dostoevsky about law and state // Bulletin of the Institute of Law of the Bashkir State University. – 2021. – No. 4. – P. 9-19.
4. Bastrykin A.I., Ismagilov R.F., Salnikov V.P. The relationship between the idea of absolute good and human freedom in the philosophy of law of F.M. Dostoevsky // Legal science: history and modernity. – 2021. – No. 6. – P. 176-181.
5. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The idea of absolute Good in Dostoevsky’s philosophy of law: its relevance in the context of constitutional reforms // Amendments to the Constitution of the Russian Federation and prospects for the development of regional legislation: Collection of materials of the All-Russian scientific practical conference (Ufa, March 24, 2021) / Rep. ed. N.V. Yamaletdinova. – Ufa: RIC BashSU, 2021. – pp. 67-76. – V. Sat. 310 pp.
6. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The idea of Good in the works of F. M. Dostoevsky and its influence on the development of the philosophy of law (to the 200th anniversary of F. M. Dostoevsky) / Opening speech by the professor A. Alexandrova. 2nd edition, corrected, supplemented; Investigative Committee of the Russian Federation. – St. Petersburg: University Foundation, 2023. – 456 p. (Series: “Science and Society”).
7. Bastrykin A. I., Ismagilov R. F., Salnikov V. P. The idea of law of modern times and the philosophical heritage of F. M. Dostoevsky: ideological opposition of two models // The rule of law in the modern world: Collection of materials of the International Scientific and Practical conference (Ufa, May 18, 2021) / Rep. ed. N.V. Yamaletdinova. – Ufa: RIC BashSU, 2021. – pp. 74-85. – on Sat. 395 pp.
8. Bastrykin A.I., Ismagilov R.F., Salnikov V.P. Philosophy of law F.M. Dostoevsky and the system of moral and legal values of the peoples of Russia in the 21st century // Legal science: history and modernity. – 2020. – No. 9. – P. 168-181.
9. Bastrykin A.I., Ismagilov R.F., Salnikov V.P. Man and people as the highest values in the philosophy of law of F.M. Dostoevsky // Legal science: history and modernity. – 2021. – No. 3. – P. 165-172.
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19. Denisov A. M., Zhuk A. S. The concept of personal freedom and the concept of justice as a value basis of law in the teachings of Georg Friedrich Puchta // Legal science: history and modernity. – 2023. – No. 4. – P. 189-193.
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23. Zakhartsev S.I., Maslennikov D.V., Salnikov V.P. Being and reflection: ontological foundations of law in the philosophy of F.M. Dostoevsky // World of Politics and Sociology. – 2018. – No. 12. – P. 157-171.
24. Zakhartsev S.I., Maslennikov D.V., Salnikov V.P. Freedom as the concreteness of the idea of absolute good in Dostoevsky’s philosophy of law // Monitoring of law enforcement. – 2020. – No. 1. – P. 4-7. DOI: 10.21681/2226-0692-2020-1-04-07
25. Zakhartsev S.I., Maslennikov D.V., Salnikov V.P. Theoretical and methodological foundations of the philosophy of law of F.M. Dostoevsky as an ideologist of “pre-Eurasianism” // Rule of Law: Theory and Practice. – 2019. – No. 2. – P. 17-24
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37. Matuzov N. I. Theory of state and law: Course of lectures/ Ed. N. I. Matuzova, A. V. Malko. — 3rd ed., revised. and additional — M.: Norma: INFRA-M, 2022. — 640 pp.
38. Matuzov N. I. Theory of State and Law: Textbook / N. I. Matuzov, A. V. Malko. – 5th ed. – M.: Publishing house “Delo” RANEPA, 2022.
39. Morozov A. I., Prokofiev K. G., Sergeeva A. Yu. The institution of family as a moral and legal value (on the issue of sovereign legal ideology as the basis of family law of the Russian Federation) // Legal science: history and modernity. – 2019. – No. 12. – P. 107-114.
40. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. – 4th ed. – M., 1997.
41. Petrov A. V., Zhichkina S. E. Justice as a criterion for the value of law // Rule of law: theory and practice. – 2022. – No. 2. – P. 40-47.
42. Rybakova O. S. Constitutional guarantees for the protection of family and family values in the Russian Federation // Issues of juvenile justice. – 2022. – No. 4. – P. 2-5.
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52. Salnikov V.P., Salnikov M.V. National-ethnic values in legal culture and political-legal traditions // Bulletin of the Bashkir University. – 2014. – No. 3. Volume 19. – P. 1096-1099.
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58. Sitkova O. Yu. Family, family ties, family values: problems of understanding in modern conditions // Legal policy and legal life. – 2022. – No. 4. – P. 142-150.
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THEORY OF STATE AND LAW
ABYZOVA Elena Raviljevna
Ph.D. in Law, associate professor, Judge of the Arbitration Court of Moscow
MODERN “INFORMATION REVOLUTION” AND ITS IMPORTANCE FOR THE FORMATION OF THE RULE OF LAW IN THE INFORMATION SOCIETY
The definition of a group of modern conditions and factors of development of the state and the rights associated with the introduction of computer technology, information systems and information and communication technology, called “information revolution”, indicating a radical transformation of social relations as a result of fundamental changes in the field of research, processing, transmission and storage of information. The consequence of such transformationation is the acquisition of a new society, a certain quality. These circumstances have a direct impact on the transformation of the rule of law. This issue is dedicated to this article.
Keywords: rule of law, the information revolution, right, state, “electronic government”, electronic computing machinery, information systems, information and communication technologies.
Bibliographic list of articles
1. Abdeev R. F. Philosophy of information civilization. – M., 1994.
2. Bell D. The Coming Post-Industrial Society. Experience in social forecasting. – M., 2004.
3. Greif A. Institutions and the path to modern economics: lessons from medieval trade. – M.: HSE Publishing House, 2018.
4. Egorova M. A. Network state and digital society: new cultural conditions for the development of legal relations // Law in the cultural dimension. New vectors of development, under general. ed. V. N. Sinyukova and M. A. Egorova. – Moscow, Prospekt, 2023.
5. Kornev V. A., Tanimov O. V. Information law in the context of digital transformation of Russian law. – Moscow: Prospekt, 2022.
6. Ovchinsky V. S. Criminology of the digital world: a textbook for master’s degrees. – M.: Norma: INFRA-M, 2018.
7. Panov V. Yu. Simulator of madness. How will the Fourth Industrial Revolution transform Homo Sapiens into Homo Servus? – Moscow: Eksmo, 2023.
8. Petrov S. T. Digital revolution. Digital economy. Digital noosphere. – M.: Pero Publishing House, 2022.
9. Legal regulation of digital technologies in Russia and abroad. The role and place of legal regulation and self-regulation in the development of digital technologies / ed. Doctor of Law, Associate Professor A.V. Minbaleev. – Saratov: Amirit, 2019.
10. Schwab Klaus. The Fourth Industrial Revolution: translation from English. / Klaus Schwab. – Moscow: Eksmo, 2022.
11. Beer S. Brain of firm: Second edition. – New York: “John Wiley & sons”, 1982. – R. 13.
12. Toffler O. The Third Wave. – M., 1999.
13. Nazarchuk A.V. The teaching of Nicholas Luhmann on communication. – M., 2012. – P. 248.
14. Kondratiev N. D., Oparin D. I. Large cycles of economic conditions. – M., 1928. – P. 269.
15. Schumpeter J. Theory of economic development. – M., 1982. – P. 611.
16. Rakitov A.I. Man in a digitalized world // Philosophical Sciences. – No. 6. – 2016. – P. 32-47.
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18. Ozlobin N. M., Pavlov A. S. Integrated planning of scientific and technical progress. – M. 1975. – P. 45.
THEORY OF STATE AND LAW
VERSHININA Margarita Konstantinovna
student of the 5th course of the Faculty of Training Specialists for the Judicial system of the Faculty of Law of the East Siberian branch of the Russian State University of Justice, Irkutsk
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
LEGAL CONFORMITY: NEGATIVE AND POSITIVE ASPECTS
The article examines the problems, as well as the positive aspects of the manifestation of legal conformity in modern society. It is legal conformism that is the most common form of deformation of legal consciousness due to its peculiarities of formation and influence on the behavior of individuals. Within the framework of legal conformity, there is no balance between a person’s inner beliefs and his actions. The author traces in detail the negative manifestations in the actions of the bearers of legal conformity, since this form of deformation of legal consciousness directly depends on the values and beliefs of a particular social group that an individual wants to adhere to.
Why is legal conformity given special attention among other forms of deformation of legal consciousness in the framework of modern society?
Legal conformity, in addition to significant negative consequences, can lead to some positive aspects that contribute in some way to have a beneficial effect on society, however, this phenomenon is difficult to call correct, corresponding to the letter of the law.
Keywords: legal awareness, law, state, deformation of legal awareness, legal conformism, digitalization of society, youth, social group, crime, social values, society, legal culture, domestic legislation.
Bibliographic list of articles
1. Borisova E. K. The concept of legal consciousness // Problems of science. – Tomsk, 2019. – pp. 93-94.
2. Koltunova V.I. Zaitsev V.A. Legal consciousness and its deformations // Law and state: theory and practice. Saint Petersburg. – 2023. – No. 9 (225). – pp. 31-33.
3. Yagudina A. Yu. Classification of types of legal conformism // Bulletin of the Saratov State Law Academy. – Saratov,2019. – No. 3 (128). – pp. 74-79.
THEORY OF STATE AND LAW
KOVALENKO Natalya Evgenjevna
postgraduate student of the Institute of Law of the Altai State University, Barnaul
MODERN LEGAL CONSCIOUSNESS OF THE INDIVIDUAL: AN EMPIRICAL STUDY
This article is devoted to the analysis of an individual’s legal behavior through a survey aimed at identifying individuals’ views on the readiness of legal activity and assessing their attitude to legal matters. During the period of active digitalization of public life, the introduction of the results of information technology, the individual’s personality as a subject of law in the information society is moving further and further away. It is necessary to understand the state of the individual in legal reality and, based on the results obtained, begin a legal update of the legislative body to improve the mechanism of legal regulation in its genesis.
Keywords: law, legal relationship, legal consciousness, legal culture, digitalization, artificial intelligence, subject, personality.
Bibliographic list of articles
1. Petrazhitsky L. I. Law, state and theory of morality // Russian philosophy of law: an anthology. – St. Petersburg, 1999. – P. 320-335.
2. Alekseev N. N. Fundamentals of the philosophy of law. – St. Petersburg: Law Institute, 1998. – 216 pp.
3. Arkhipov S.V. Phenomenological motives of N.N. Alekseeva’s concept of law // News of the Russian State Pedagogical University named after. A. I. Herzen. – 2013. – No. 160. – P. 122-128.
4. Baykhmanov M. T. Law and moral education of the individual in Soviet society // Sov. State and law. – 1976. – No. 10. – P. 125-133.
5. Matuzov N. I. Legal system and personality. – Saratov: Publishing house Sarat. University, 1987. – 294 p.
6. Putin: it is impossible to prevent the development of AI. [Electronic resource]. – Access mode: https://www.vedomosti.ru/technology/news/2023/12/14/1011100-putin-predotvratit-razvitie (date of access: 02/10/2024).
THEORY OF STATE AND LAW
KULIEVA Aziza Mustafaevna
postgraduate student of the O. M. Kutafin Moscow State Law University (MSLA)
TECHNICAL NORMS: ESSENCE AND PLACE IN LEGAL REGULATION IN THE CONTEXT OF DIGITALIZATION
The article is devoted to studying the essence of technical norms, determining their place in the system of regulators of social relations, studying the issues of their relationship with other types of norms and considering the issue of the progressive role of technical norms in the modern mechanism of legal regulation in the context of digitalization. The transformation processes taking place in society in connection with its rapid immersion in the digital plane bring with it the technologization of social relations and an increase in the importance of norms aimed at regulating the relationship between man and technology.
Keywords: technical norms, mechanism of legal regulation, correlation of norms, technology, equipment, digitalization, legal relations.
Bibliographic list of articles
1. Vengerov A. B. Theory of state and law: a textbook for law schools. 3rd ed. – M: Jurisprudence, 2000. – 528 p.
2. Korkunov N. M. Lectures on the general theory of law. – St. Petersburg, 1886. – 353 pp.
3. Shershenevich G. F. Definition of the concept of law. – Kazan, 1896. – 84 p.
4. Golovkin R. B., Zotova Zh. A. Law in the system of regulating behavior: the relationship between social and technical norms // Bulletin of the Vladimir Law Institute. – 2010. – No. 4. – P. 82-89.
5. Abdulaev M.I. Theory of State and Law: Textbook for Higher Educational Institutions. – M.: Financial control, 2004. – 410 p.
6. Matuzov N. I., Malko A. V. Theory of state and law: Course of lectures. – 2nd ed., revised. and additional – M.: Yurist, 2001. – 776 p.
7. Marchenko M. N. Theory of state and law: Textbook. – 2nd ed. processed, and additional – M.: TK Welby, Prospekt Publishing House, 2004. – 640 p.
8. Theory of State and Law: Course of Lectures / Ed. N. I. Matuzova, A. V. Malko. 2nd ed., revised. and additional – M.: Yurist, 2001. – 245 p.
9. Lazarev V.V., Lipen S.V. Theory of State and Law: a textbook for universities. — 5th ed., rev. and additional – Moscow: Yurayt Publishing House, 2024. – 521 p.
10. [Electronic resource]. – Access mode: https://rg.ru/2024/01/30/mysliu-edinoj.html (access date: 02/28/2024).
11. Kokhanovsky V. A., Sergeeva M. Kh. Classification in technology and its assessment // Advanced Engineering Research (Rostov-on-Don). – 2012. – No. 2-1 (63). – pp. 43-46. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/klassifikatsiya-v-tehnike-i-eyo-otsenka (date of access: 03.14.2024).
12. Pchelkin A.V. Technical and legal norms inmodern Russia (problems of theory and practice): dis. …cand. legal Sci. – N. Novgorod, 2004. – 194 p.
13. Khabrieva T. Ya. Law before the challenges of digital reality // Journal of Russian Law. –2018. – No. 9 (261). – pp. 5-15.
THEORY OF STATE AND LAW
MAKULOVA Adelina Olegovna
postgraduate student of the Moscow Financial and Industrial University “Synergy”
LEGAL RESPONSIBILITY IN THE CONTEXT OF THE FORMATION OF A DIGITAL SOCIETY
The article discusses the concept and features of a digital society. The author identified has the features of the responsibility of the virtual world. Various opinions of scientists, both domestic and foreign, on the problem under consideration have been studied. Logical and formal legal research methods were used to prepare the work. It is concluded that today the mechanism of legal responsibility in the digital society is poorly developed and that its main problem is the identification of the guilty person.
Keywords: digital society, Information society, cyberspace, digitalization, features of the virtual world, state control, legal responsibility, problems
Bibliographic list of articles
1. Abramov D. O. Legal responsibility in cyberspace: new approaches to understanding // Legal science. 2023. No. 4. P. 5-9.
2. Beketskaya Yu. M., Osipyan M. M., Terekhova Yu. A., Koshokova S. Ya. Digital society as a new stage of the information society // Humanitarian, socio-economic and social sciences. 2023. No. 1. P. 18-21.
3. Vorobyov N. F. Concept and legal essence of state control // Rule of law: theory and practice. 2018. No. 4 (54). pp. 29-35.
4. Dolgikh F.I. Theory of state and law: textbook. Moscow: Synergy University, 2023. 464 pp.
5. Ishekov K. A. On the digitalization of key institutions of the Russian state and society // XVII International Scientific Congress “The Role of Business in the Transformation of Society – 2022”. 2022. pp. 481-483.
6. Krieger E. E. Characteristics of the digital society and principles of education in it // Bulletin of the Russian State University for the Humanities. Series “Psychology. Pedagogy. Education”. 2018. No. 4 (14). pp. 29-39.
7. Nikolaeva E. A. Ardamin I. A. The problem of classification of legal liability // Bulletin of KhSU named after. N. F. Katanova. 2023. No. 1 (43). pp. 117-121.
8. Pugachev V.P. State control and personal freedom in a digital society // Bulletin of Moscow University. Series 21. Management (state and society). 2022. No. 2. P. 36-55.
9. Rymkevich Ya. A. Legal responsibility in the digital space // Education and Law. 2023. No. 7. P. 436-440.
10. Indra Spiecker gen. Döhmann Zur Zukunft systemischer Digitalisierung – Erste Gedanken zur Haftungs- und Verantwortungszuschreibung bei informationstechnischen Systemen // Comput. und Recht. 2016. Vol. 32. No. 10. P. 698-704.
THEORY OF STATE AND LAW
TOLDIEV Khas-Magomed Bashirovich
postgraduate student of Theory of state and law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA), lawyer at the law firm “Lemchik, Krupsky and Partners” LLC
THE ROLE OF JUDICIAL PRACTICE IN THE MECHANISM OF IMPROVING LEGISLATION IN THE FIELD OF INSOLVENCY (BANKRUPTCY)
The article studies the role of judicial practice in improving the institution of insolvency (bankruptcy), notes actual theoretical and practical problems of regulation of lawmaking in this direction. The author notes the peculiarities of the institute of insolvency (bankruptcy), describes historical periods of development of the institute of bankruptcy in Russia, provides analytical materials of law-making activity. The author also emphasizes the role of higher courts in improving certain legal procedures. Based on the results of the study, the author concludes that it is necessary to develop other theoretical approaches to determining the role of judicial practice, as well as to take into account the results of judicial practice as a separate analytical activity within the entire legislative process in order to improve the institution of insolvency (bankruptcy).
Keywords: judicial practice, insolvency (bankruptcy), draft law, legal norm, normative act, influence of judicial practice.
Bibliographic list of articles
1. Alekseev S.S. Collected Works. In 10 volumes. M.: Statute, 2010. T. 3: Problems of theory and law: T. 3: course of lectures, 2010. – 779 p.
2. Korkunov N. M. Lectures on general theory. – M.: Yurayt Publishing House, 2010. – 352 p.
3. Scientific and practical commentary (article by article) to the Federal Law “On Insolvency (Bankruptcy) / Under the general editorship of V. V. Vitryansky. – M.: Statute, 2000. – 416 pp.
4. Basic provisions of citizensDanish law: article-by-article commentary to articles 1-16.1 of the Civil Code of the Russian Federation / Executive editor A. G. Karapetov. – M.: Statute, 2020. – 1102 p.
5. Pakhman S.V. On the modern movement in the science of law. – St. Petersburg: type. Governing Senate, 1882. – 68 p.
6. Pigolkin A. S. Lawmaking in the Russian Federation: (Scientific, practical and educational manual); Institute of Legislation and Comparative Law under the Government of the Russian Federation; edited by A. S. Pigolkina. – M.: Formula of Law, 2000. – 604 p.
7. Legal regulation of bankruptcy: textbook / Editor-in-chief E. E. Enkova. – M.: Prospekt, 2021. – 720 pp.
8. Sinyukov V. N. Russian legal system: an introduction to the general theory. – 2nd ed., add. – M.: Norma, 2010. – 670 p.
9. Stepanov S. A. Judicial rule-making, its forms and place in the mechanism of legal regulation // Russian law: education, practice, science. – 2018. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sudebnoe-normotvorchestvo-ego-formy-i-mesto-v-mehanizme-pravovogo-regulirovaniya
10. Shershenevich G.F. Competition law / [op.] – 2nd ed. – Kazan: Prospekt, 1898. – 498 p.
11. Weekly of Soviet Justice. – 1924. – No. 29. – P. 686.
THEORY OF STATE AND LAW
CHAYKA Yuliya Valerjevna
postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the N. I. Lobachevsky Nizhny Novgorod National Research State University
ON THE PROBLEM OF DETERMINING THE LEGAL STATUS OF ANIMALS IN RUSSIAN LAW
The article raises the problem of determining the legal status of animals, the question of whether or not various living beings have special rights. The available different approaches to finding an answer to the question of whether it is reasonable to give an animal a legal status, what it can be, and what legal and social problems arise due to the lack of legislative consolidation of the status of an animal. Currently, there are two main approaches to solving this issue. The traditional attitude towards animals as objects of law prevails, with an appropriate place in civil, administrative, and criminal law relations. However, more and more often there are well-founded proposals to recognize certain rights for animals, by analogy with young children, i.e. to make them quasi-subjects of law. The article provides examples from the foreign experience of a number of countries where the issue of the status of animals has been successfully resolved.
Keywords: legal status of animals, legal protection of animals, animals – object of law, animals – subject of law, ecosystem.
Bibliographic list of articles
1. Gorokhov D. B. Problems of quality and effectiveness of application of the Law on the Responsible Treatment of Animals // Journal of Russian Law. – 2020. – No. 4. – P. 153-171.
2. Doynikov P.I. Principles of faunal law in the Russian Federation // Black holes in Russian legislation. – 2021. – No. 4. – P. 61-63.
3. Doynikov P.I. On the qualitative improvement of legislation on the protection of the animal world // Lexrussica. – 2021. – No. 8. – P. 118–125. DOI: 10.17803/1729-5920.2021.177.8.
4. Eliseev V.S. On the problem of expanding the subject of faunal law // Agrarian and land law. – 2019. – No. 11. – P. 128-132.
5. Shabalina M. A. Problems of legal regulation of the treatment of stray animals in Russia // Law. Journal of the Higher School of Economics. – 2022. – T. 15. No. 5. – P. 198-227. DOI: 10.17323/2072-8166.2022.5.198.227.
HISTORY OF STATE AND LAW
BUTOV Sergey Valerjevich
adjunct of the adjunct (full-time and distance learning) Faculty of the 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
ON THE ROLE OF SPECIAL DEPARTMENTS OF THE NKVD OF THE USSR IN ENSURING THE LEGAL STATUS OF MILITARY PERSONNEL DURING THE GREAT PATRIOTIC WAR
The article examines the activities of the Special departments of the NKVD of the USSR during the Great Patriotic War. The author of the article notes that the Special departments of the NKVD, being a supervisory law enforcement agency independent of the command, possessing a large amount of powers, ensured the implementation of the legal status of military personnel and the delivery of timely operational information to the highest bodies of military command. Their activities in combat unreliable elements and monitoring compliance with the rule of law in the troops were necessary and effective, deserving the attention of security agencies of law enforcement agencies inmodern military-political conditions.
Keywords: legal position, military personnel, NKVD troops Special departments, censorship, supervision, security, legality, Great Patriotic War.
Bibliographic list of articles
1. Butov S.V., Lysenkov S.G. On the relationship between the concepts of “legal status” and “legal status” as independent legal categories // Legal order: history, theory, practice. – 2022. – No. 4 (35). – pp. 6-11.
2. Lysenkov S. G., Butov S. V. Domestic lawyers on the content of the concepts of “legal status” and “legal status” // Bulletin of the St. Petersburg Military Institute of National Guard Troops. – 2022. – No. 3 (20). – pp. 8-12.
3. 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.
4. Butov S.V., Sibgatullin F.S. On the use of the experience of the USSR NKVD troops performing service and combat tasks during the Great Patriotic War in the activities of the National Guard troops of the Russian Federation // Legal order: history, theory, practice. – 2023. – No. 3 (38). – pp. 20-24.
5. State security bodies of the USSR in the Great Patriotic War: Sat. doc. T. 2. Book. 1. Beginning. June 22-August 31, 1941 / Federal. Russian Counterintelligence Service, Federal Academy. Russian counterintelligence services; Hand. auto-composition groups V.P. Yampolsky. – M.: Rus, 2000. – 718 p.
6. State security bodies of the USSR in the Great Patriotic War: Sat. doc. T. 3. Book. 1. The crash of the Blitzkrieg. January 1-June 30, 1942 / Federal. Russian Counterintelligence Service, Federal Academy. Russian counterintelligence services; Hand. auto-composition groups V.P. Yampolsky. – M.: Rus, 2003. – 704 p.
7. State security bodies of the USSR in the Great Patriotic War: Sat. doc. T. 2. Book. 2. Beginning. September 1-December 31, 1941 / Federal. Russian Counterintelligence Service, Federal Academy. Russian counterintelligence services; Hand. auto-composition groups V. P. Yampolsky. – M.: Rus, 2000. – 670 p.
HISTORY OF STATE AND LAW
VOSITOV Khamzaali Abduvokhitovich
Ph.D. in Law, associate professor of the Higher school of theory and history of state and law, of the Pacific State University, Khabarovsk
PERCEPTIONS OF HUMAN RIGHTS IN THE PERSIAN-TAJIK LEGAL CULTURE
The article, from the perspective of the history of political and legal doctrines, shows the philosophical and worldview views of Persian-Tajik thinkers, politicians and poets, such as Rudaki, al-Farabi, Ferdowsi, Abuali ibn Sina, Nizam al -Mulk, Shirazi. The study argues that the works of Persian-Tajik thinkers proclaimed the moral values of man in line with Eastern legal culture, which determined the social and political-legal characteristics of human existence. These views cannot be interpreted as views on human rights in the literal sense, but they contained ideas about philanthropy, respect between people for each other, equality and justice.
Keywords: Persian-Tajik thinkers, philosophers, poets, human rights, humanism, justice, equality.
Bibliographic list of articles
1. Al-Farabi Abu Nasr Muhammad. Treatise on the views of the inhabitants of a virtuous city / Trans. from Arabic I. O. Muhammed and A. V. Sagadeev // Philosophical treatises. – Alma-Ata, 1972. – 430 pp.
2. Braginsky I.S. From the history of Tajik folk poetry. Elements of folk poetry in monuments of ancient and medieval writing. – M.: Publishing House of the USSR Academy of Sciences, 1956. – 496 p.
3. Gafurov B. G. Tajiks. Ancient, ancient and medieval history. Book II. – Dushanbe: Irfon, 1989. – 480 pp.
4. Dinorshoev A. M. Human rights. – Dushanbe, 2010. – 336 pp.
5. Dinorshoev A. M. Human rights in the history of social thought. – Dushanbe, 2013. – 190 p.
6. Ibn Sina. Selected philosophical works: (translation from Arabic and Farsi-Dari) / Ibn Sina (Avicenna); resp. ed. M. S. Asimov and others – Moscow: Nauka, 1980. – 551 p.
7. 1000 lines of Rudaki (for the 1125th anniversary of Rudaki) (in Tajik and Russian languages). – Dushanbe: Irfon, 1984. – 192 p.
8. Sativaldyev R. Sh. Contribution of Persian-Tajik thinkers to the development of the eastern school of international law // Legal life of Dushanbe. – 2016. – No. 3 (15). – pp. 6-18.
9. Sativaldyev R. Sh. History of political and legal scientists (in Tajik language). – Dushanbe: ER-graf, 2011. – 460 pp.
10. Siaset-name. Book about the reign of the 11th century vizier Nizam al-Mulk / Transl., introduced. and approx. B. N. Zakhodera. – Moscow-Leningrad: Publishing House of the USSR Academy of Sciences, 1949. – 379 pp.
11. Words-diamonds of Abulkasim Ferdowsi / Transl. from Farsi Ts. Banu-Lahuti. – Tashkent: Publishing house. thin literature named after G. Gulyama, 1971. – 64 p.
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
RETROSPECTIVE ANALYSIS OF THE FORMATION OF THE INSTITUTION OF CRIMINAL LAW MEASURES IN THE HISTORY OF DOMESTIC LEGISLATION
The article considers the history of the emergence and development of the institution of measures of a criminal law nature as a kind of alternative to classical criminal punishment. The authors carried out a diachronous comparative legal analysis of the origin and evolution of such measures in Russian criminal law, from its early stages up to the modern state. The article considers the process of transformation and gradual institutionalization of criminal law measures as an independent form of criminal law responsibility.
Keywords: criminal liability, legal coercion, state-legal response, criminal-legal measures, mechanism of criminal-legal regulation, evolution of legal content.
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. Antokhina A. B. Evolution of criminal law measures in Russian legislation of the 11th–18th centuries // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. –2014. – No. 4 (26). – P. 60-62.
3. Egorov A. M. Historical aspects of criminal law measures in domestic legislation // Probation: problems and development prospects. Collection of materials of the International Scientific and Practical Conference. – Pskov, 2023. – pp. 13-17.
4. 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.
5. 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
KLIMOV Andrey Yurjevich
Ph.D. in historical sciences, associate professor, chief researcher of the Research Center of the Academy of Management of the MIA of Russia
SALNIKOV Alexander Sergeevich
Ph.D. in Law, leading researcher of the Research Center of the Academy of Management of the MIA of Russia
ORGANIZATION AND ACTIVITY OF THE REGULAR MOSCOW POLICE IN THE SECOND QUARTER OF THE XVIII CENTURY
Based on an analysis of a wide range of historical and legal sources and research literature, the article examines the development of regular police in Moscow in the second quarter of the 18th century. The circumstances, as well as the organizational and legal basis for strengthening the importance of the Moscow police under Peter II in view of the actual transfer of capital functions from St. Petersburg to Moscow and the transformation of the Moscow Police Chief’s Office into the Main Police Chief’s Office are studied. The circumstances of the development of the Moscow police under Empresses Anna Ioannovna and Elizaveta Petrovna are studied, and the activities of the leaders of the Moscow police in the second quarter of the 18th century are considered. The article examines the Moscow police system in the historical period under review, its staffing structure, competence, and main areas of activity. The relevance of this topic 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. Russian State Archive of Ancient Acts (RGADA) – F. 931. Moscow Police Chief Office. Moscow city. Op. 3.
2. Russian State Historical Archive (RGIA) – F. 1329. Personalized decrees and “highest” orders to the Senate (collection).
3. Complete collection of laws of the Russian Empire (PSZRI) – Collection 1.
4. Yusupov. A. Materials for the history of the city police in Russia from ancient times to the reign of Empress Catherine II, collected by Prince Arkady Yusupov. – 1852.
5. History of Moscow / Ed. S. S. Khromova and others – Moscow, 1980.
6. Snegirev I. M. Moscow. Detailed historical and archaeological description of the city. In 2 volumes. T. I. – Moscow, 1875.
7. 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. 7.
HISTORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
POLITICAL AND LEGAL VIEWS OF N. G. CHERNYSHEVSKY
The article describes the significance of the activities of N. G. Chernyshevsky, as one of the most significant democratic revolutionaries; the relationship between his political views and literary creativity is explored; his contribution to the history and changes in the country’s political system is analyzed; parallel connections are made between views of N. G. Chernyshevsky with such directions of legal ideology as “populists” and “nihilists”; his political views and ideas are briefly discussed.
Keywords: political views, Nikolai Gavrilovich Chernyshevsky, nihilism, ideology, private law, property, government, political system, XIX-XX centuries, literature, novel, rebellion, anti-power sentiments, creativity , civic position.
Bibliographic list of articles
1. Bibikov G. N. The nature of the social movement of the 20th century – the beginning of the 20th century. in the history of Russia // Issue “Difficult stories of Russia”. – [Electronic resource]. – Access mode: https://history.jes.su/s207987840004620-1-1.
2. Voskresenskaya N. S. Peasantry of the central industrial region (XVIII – XIX centuries). – Kalinin: KSU, 1983. – 120 p.
3. Zhukotsky V.D., Furman F.P. Populism of the Russian intelligentsia and culture // Philosophy and Society. – 2004. – No. 3. – P. 156-175.
4. Zelenin Yu. A. Basic components of the ideology of classical populism in Russia // News of the Altai State University. – 2007. – No. 1. – P. 234-239.
5. Sources and literature on the history of serfs in the Pskov province in the 19th century. and at the beginning of the 20th century. – Pskov: Pskovskaya Pravda, 1957. – 278 p.
6. Pisarev D.I. Scholasticism of the 19th century. – M.: Direct-Media, 2015. – 230 p.
7. Chernyshevsky N. G. Selected philosophical works in 3 volumes. – M., 2019. – 872 pp.
8. Chernyshevsky N. G. Works in two volumes. – M.: Mysl, 1986-1987.
9. Chernyshevsky N. G. Patient Russia. Notes on the virtues and vices of the Russian nation. – M.: Rodina, 2022. – 240 p.
10. Chernyshevsky N. G. What to do? – M.: Children’s literature, 2023. – 493 pp.
11. Chernyshesky N. G. Stories within a story: Chernyshevsky about himself as a fiction writer // in Literature and Marxism. – 1928. – No. 3. – P. 681-685.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE LAW OF MODERN RUSSIA FROM THE POSITION OF AXIOLOGY
The study examines the problem of theoretical and conceptual positions, principles and methods of civil law and their axiology; questions of the principles of civil law in combination with changes in modern social economy and legal nature are analyzed; the axiological significance of the principles of civil law in modern conditions is determined; and practical aspects of the axiology of the principles of modern law are established theoretically and disclosed; it was concluded that the axiological significance of the principles of law is constant and stable and does not depend on historical or socio-economic conditions; it has been proven that the axiological significance of the principles of law is constant and stable and does not depend on historical or socio-economic conditions; it has been confirmed that legal axiology as a research type of legal philosophy is capable of elevating value transformations in the system of legal reality to the level of self-reflection of law as a form of social consciousness.
Keywords: civil law, modern legal nihilism, archaism, axiology of law, civil law, spiritual and moral values, principles of civil law, legal axiology, abuse of law, dishonest behavior, integrity, stability of the civil legal situation.
Bibliographic list of articles
1. Antonov M.V. Interpretation and application of law as a creative process // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2016. – No. 4. – P. 74-86.
2. Bogdanov E. V., Bogdanova E. E., Bogdanova D. E. The principle of solidarity in civil law of Russia // Journal of Russian Law. – 2016. – No. 11. – P. 37-45.
3. Veremeenko I. I. The concept of the subject of Soviet administrative law and the need for its correction // Penitentiary science. – 2008. – No. 2. – P. 67-74.
4. Voitenko O. V. State, public education, statehood: theoretical and methodological analysis of their relationship: dis. …for a job application. scientist step. Ph.D. legal Sci. – M., 2006. – 177 p.
5. Ismagilov R. R. Legal nihilism: ideological foundations and ways to overcome: dis. …cand. Philosopher Sci. – Ufa, 2006. – 174 p.
6. Lobanovskaya E. A. Statehood and the state in the legal doctrine of I. A. Ilyin: dis. …for a job application. scientist step. Ph.D. legal Sci. – St. Petersburg, 2006. – 147 p.
7. Malakhov V.P. Philosophy of Law. Ideas and assumptions. – M., 2008. – 392 p.
8. Musatov F.V. The state as a subject of law: Author’s abstract. dis. …for a job application. scientist step. Ph.D. legal Sci. – Ekaterinburg, 2016. – 36 p.
9. Nam K.V. The principle of integrity as a legal principle // Bulletin of economic justice of the Russian Federation. – 2020. – No. 2. – P. 88-103.
10. Prokopovich G. A. Theoretical model of legal responsibility in public and private law: dis. …for a job application. scientist step. dr. legal Sci. – St. Petersburg. 2010. – 898 pp.
11. Sazonova T. B. Law and legal consciousness in the teaching of I. A. Ilyin: dis. …for a job application. scientist step. Ph.D. legal Sci. – Blagoveshchensk, 1998. – 143 pp.
12. Semyakin M. N. Principles of property law in the context of reforming Russian civil legislation // Russian Legal Journal. – 2021. – No. 4. – P. 118-130.
13. Fuller L. L. Morality of law. – M., 2016. – 418 pp.
14. Chestnov I. L. Anthropological program of law enforcement // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2016. – No. 4. – P. 48-54.
HISTORY OF STATE AND LAW
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
KARPUKOVA Albina Anatoljevna
senior lecturer of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
CONDITIONS OF MARRIAGE UNDER THE LEGISLATION OF CERTAIN SCANDINAVIAN COUNTRIES IN THE XIX CENTURY
The article examines the main normative legal acts regulating marital and family relations in the XIX century in some Scandinavian countries, using the example of Finland and Sweden. The authors analyze the general code of marriage, the conditions of marriage in the time period under study. Special attention is paid to the distribution of rights and obligations among persons entitled to give permission for the conclusion of a marriage union. In conclusion, the author’s position on the research topic is presented.
Keywords: marriage, family, children, parents, close relatives, rights and obligations, marriage code.
Bibliographic list of articles
1. Knipovich F. M. About marriage and personal and property relations of spouses under Finnish law. VIII-XII // Journal of the Ministry of Justice. – St. Petersburg, 1912. – No. 8. – P. 48.
2. Essay by Professor R. A. Wrede of the University of Helsinki, 1903
3. Criminal laws of the Grand Duchy of Finland // Russian Law // ALLPRAVO.RU. [Electronic resource]. – Access mode: https://web.archive.org/web/20140407093017/ @@ http://www.allpravo.ru/library/doc101p/instrum105/item802.html (date of access: 01/09/2024).
4. The evolution of marriage relations with the adoption of Christianity, the Princely family in the early medieval states of Central Europe in theiod IX-XII centuries [Electronic resource]. – Access mode: https://studentopedia.ru/istoriya/evolyuciya-brachnih-otnoshenij-s-prinyatiem-hristianstva—knyazheskaya-semya-v-rannesrednevekovih.html?ysclid=lsf11avl6h595205058 (date of access: 01/09/2024).
HISTORY OF STATE AND LAW
KRASILNIKOV Sergey Vladimirovich
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Service under President of the Russian Federation, St. Petersburg
SOURCES AND CONTRADICTIONS IN THE STUDY OF THE POLICE REFORM OF CATHERINE II
The article examines sources that describe the police reform carried out by Catherine II in Russia; the contribution of Peter I to the formation of the executive body of power (the origin of the police apparatus) is indicated; conflicting facts related to the reform are considered; the specific circumstances that preceded and contributed to the development of the functions of the regular police in the capital and the country are analyzed; a description is given of the directions of activity of state authorities in forming the legal foundations of police life, improving its legal regulation; conclusions are drawn about the results of the police reform carried out by Catherine II; the steps taken by public authorities to ensure the legal support of the regular police and its improvement are analyzed, which makes it possible to assess the content of legislative activity and its impact on the development of domestic legislation and law enforcement practice of the police.
Keywords: police, reform, sources, Moscow, Russian Empire, legal framework, contradictions, maintaining public order, Catherine II, modernization, Western model of a police system, analogue.
Bibliographic list of articles
1. Anuchin E. N. Historical review of the development of administrative and police institutions in Russia from the Institution on the Provinces of 1775 until recently. – St. Petersburg, 1872. – 198 pp.
2. Belyaeva L. I., Klimov A. Yu. Legal support for the activities of the Moscow police during the times of Catherine II and Paul I // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 3 (67). – pp. 182-189.
3. Belyaeva L. I., Klimov A. Yu. Creation of the regular police in Moscow and the formation of the legal basis for its activities in the first half of the 18th century. // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 2 (66). – pp. 156-165.
4. Borisov A.V., Potemkin I.A. Ministry of Police and its leaders. – M., 2020. – 368 pp.
5. Varadinov N.V. History of the Ministry of Internal Affairs: [in 7 volumes]. – Part III, book. 2. – St. Petersburg, 1862. – 202 pp.
6. Eroshkin N.P. Russian autocracy: to the 75th anniversary of the Historical Arch. in-ta. – M., 2006. – 348 pp.
7. Moryakov V.I. Russian enlightenment of the second half of the 18th century: (from the history of socio-political thought in Russia). – M.: Publishing house Mosk. University, 1994. – 380 pp.
8. Mulukaev R. S. Police in Russia (IX century – early XX century). – N. Novgorod, 1993. – 102 p.
9. Oblitsov I. A. The structure of the Russian police authorities according to the “Charter of Deanery, or Police” // Bulletin of the Institute: crime, punishment, correction. – 2011. – No. 4 (16). – pp. 113-124.
10. Pinigin M. G. Russian police states in the 18th century // Agro-food policy of Russia. – 2016. – No. 4 (52). – pp. 18-31.
11. Police and militia of Russia: pages of history. – M., 1995. – 318 p.
12. Serov D. Security of Russian people at the beginning of the 18th century // Otechestvennye zapiski. – 2013. – No. 2. – P. 113-121.
13. Sizikov M.I. History of the Russian police (1718-1917): Formation and development of the general regular police in Russia in the 18th century. – M., 1992. – 66 p.
14. Tumin A. Yu. Moscow general police in the XVIII – XIX centuries. (Historical and legal research): dis. …cand. legal Sci. – M., 2021. – 310 pp.
15. Charter of deanery or policeman of April 8, 1782 // Complete collection of laws of the Russian Empire (PSZRI). First meeting. 1649-1825 / Ed. M. M. Speransky (in 45 volumes). – St. Petersburg: Type II Department of His Imperial Majesty’s Own Chancellery, 1830. – T. 21. – Art. 15. – 379 p.
16. Fedneva N. L. On the history of the development of the “Charter of Deanery, or Police” // International Journal of Constitutional and State Law. – 2017. – No. 2. – P. 49-61.
HISTORY OF STATE AND LAW
FURMAN Tatyana Gennadjevna
Ph.D. in cultural studies, associate professor, associate professor of Administrative law sub-faculty of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
THE INFLUENCE OF EUROPEAN FREEMASONRY ON RUSSIAN FREEMASONRY, POLITICAL AND LEGAL ASPECT
The author of the article examines the role of Freemasonry using the example of the Russian Revolution. The methodological basis of the study is scientific and analytical material devoted to the study of revolutionary events, as well as the activities of Russian Freemasonry in a historical review.
The Great Russian Revolution is one of the most important milestones in the history of the Motherland of the twentieth century. The causes of the events of 1905-1917 are studied by the authors to this day, and the participation of various interest groups in the preparation and course of the revolution remains a controversial issue. In particular, it remains open to the participation of Freemasonry in revolutionary events as an important political force that had a serious impact on the destinies of many countries.
This article, based on chronological principles, presents the stages of the formation and existence of Freemasonry in Russia before the 1917 revolution. Based on an analysis of the history of Freemasonry, its formation and development in Russia and the world, the author comes to the conclusion that Freemasonry could have played a decisive role in the February Revolution. Although Freemasonry rejects any political affiliation in its activities, it is clear that some direct participants in the revolutionary events are considered Freemasons themselves, but the details of their participation have always been disputed.
Keywords: Freemasons, lodges, Western Freemasonry, political force, state, law, law, Russian Revolution, February Revolution, domestic Freemasonry and “legalization in power.”
Bibliographic list of articles
1. Laktionova N. Ya. February 1917: its origins and consequences // Social and humanitarian knowledge. 2017. No. 4. pp. 161-169.
2. Kudryashov V.V. Mensheviks of Irkutsk on the prospects of the revolution of 1917 (based on periodicals) // Irkutsk Historical and Economic Yearbook. Irkutsk: Baikal. state univ. 2018. pp. 285-293.
3. Popov G. G., Davydov S. G. “Failures” in the distribution of products and revolutionary upheavals of 1917-1918 in Europe // Historical and economic studies. 2016. T. 17. No. 1. P. 7-48.
4. History of Freemasonry in Russia. [Electronic resource]. – Access mode: https://russianmasonry.ru/history/istorija-masonstva-v-rossii.
5. Novotortseva A. M. The latest foreign historiography of the 60-90s. On the problem of the revival of political Freemasonry in Russia at the beginning of the 20th century. (about the causes, stages, initiators) // Revolutions in Russia: theory and practice of social transformations: collection. Art. based on the results of the International scientific conf. (Moscow, November 7-10, 2017). M.: Publishing house of Moscow State Pedagogical University. 2018. pp. 329-344.
6. Zakharov V. Yu. The main stages of the development of Freemasonry in Russia, its relationship with constitutionalism // Knowledge. Understanding. Skill: electronic journal. 2008. No. 6. P. 6-9.
7. Ermakov V. A., Androsov A. A. Historical stages of the formation of the “Masonic conspiracy” in Russia in the second half of the 18th – early 20th centuries. // Interactive science. 2017. No. 3 (13). pp. 22-34.
8. Platonov O.A. Criminal history of Freemasonry. 1731-2004 (Conspiracy against Russia). 3rd ed. M.: Algorithm. 2005. 488 p.
9. Sverdlov M.B. N.I. Novikov as a historian of ancient and modern Russia // St. Petersburg Historical Journal. 2018. No. 4 (20). pp. 201-226.
10. The Decembrist uprising – a Masonic conspiracy? About the connection between free masons and secret political societies. [Electronic resource]. – Access mode: https://arzamas.academy/materials/870.
11. Vernadsky G.V. Russian Freemasonry during the reign of Catherine II. 2nd ed., rev. and extension SPb.: Publishing house named after. N.I. Novikova. 1999. 576 p.
12. Shubin A.V. The Great Russian Revolution: from February to October 1917. M.: Motherland. 2014. 451 p.
14. Laktionova N.Ya. February prologue of the Russian revolution (to the 100th anniversary of the February Revolution) // Culture. The science. Integration. 2017. No. 1 (37). pp. 77-83.
HISTORY OF STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences of the North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
VIEWS AND CONCEPTUAL DIFFERENCES OF WESTERNERS AND SLAVOPHILES IN LAW AND POLITICS
The article examines the conflict between Westerners and Slavophiles in Russia in the 19th century; their main ideas, similarities and differences, as well as the reasons for this confrontation are explored; Westerners and Slavophiles are represented by adherents of different worldviews and ideologies, which had a significant influence on the development of our state.
As a result, a dispute arose about the choice of path not only for the upcoming bourgeois transformations, but also for transformations in general: the European one, which was understood by Westerners as universal, or the special, Russian one, in the possibility of which the Slavophiles believed. As a result, the role of Peter the Great in the assessment and correctness of the transformations became clear.
Then this dispute noticeably ceased after the reforms of Alexander III, and the populists came to the political forefront.
Keywords: currents of legal thought, legal movement, direction, legal concept, political views, Westerners, Slavophiles, differences, legal dispute, legal discussion, XIX century, Russia.
Bibliographic list of articles
1. Gabov K.V. Evolution of views on Slavophilism in domestic historiography // Bulletin of MGUKI. 2015. No. 1 (63). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evolyutsiya-vzglyadov-na-slavyanofilstvo-v-otechestvennoy-istoriografi
2. Zhigunova G.V. The social ideal of Russia in the spiritual heritage of the Slavophiles. M., 2016. 85 p.
3. Kireev M. N. Rimskaya O. N. Ideas of L. N. Tolstoy on law and morality // Humanitarian Gazette of TPGU im. L. N. Tolstoy. December 2018. No. 4 (28). pp. 34-42.
4. Kireevsky I.V. Reason on the path to truth: Philosophical articles, letters, diary. M.: Rule of Faith, 2002. 412 p.
5. Kistyakovsky B. A. In defense of the right // Milestones: a collection of articles about the Russian intelligentsia. With the “Bibliographies of Milestones” application. Sverdlovsk, 1991. 410 pp.
6. Lyashenko L. M., Volobueva O. V., Simonova E. V. History of Russia XIX – early XX centuries. M.: Bustard, 2016. 276 pp.
7. Novgorodtsev P.I. The idea of law in the philosophy of V.S. Solovyova // Novgorodtsev P.I. On the social ideal. M., 1991. 435 pp.
8. Pashkov B. G. History of Russia in the 18th-19th centuries. M.: Education, 2000. 392 pp.
9. Ryabiy M. M. Early Slavophilism: the problem of the lower chronological boundary. Bulletin of Nizhny Novgorod University named after. N.I. Lobachevsky. 2009. No. 2. P. 286-291.
10. Chaadaev P. Ya. Excerpts and various thoughts (1828-1850s) // Complete. collection Op. and selected letters. M.: Nauka, 1991. T. 1. P. 441-511.
11. Chaadaev P. Ya. Philosophical letters. M.: RIMIS, 2005. 240 pp.
12. Shirokova M. A. The place and role of Slavophilism in Russian philosophy and social thought: historiography of the problem // News of Altai State University. 2013. No. 2 (78). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mesto-i-rol-slavyanofilstva-v-russkoy-filosofii-i-obschestvennoy-mysli-istoriografiya-problemy
13. Shchukin V. G. Russian Westernism: genesis-essence-historical role. Lodz, 2001. 401 p.
HISTORY OF STATE AND LAW
GNETOVA Lyudmila Valentinovna
Ph.D. in Law, associate professor, associate professor of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
GULYAEVA Tatyana Borisovna
Ph.D. in Law, associate professor of Civil and international law sub-faculty of the Nizhny Novgorod Institute of Management (branch) of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation
KARPUKOVA Albina Anatoljevna
senior lecturer of General history, classical disciplines and law sub-faculty of the K. Minin Nizhny Novgorod State Pedagogical University
OBSTACLES TO MARRIAGE UNDER THE LAW OF CERTAIN SCANDINAVIAN COUNTRIES AND GERMANY IN THE XVIII-XIX CENTURIES
The article examines the peculiarities of regulating marriage according to the laws in force in the XVIII-XIX centuries in some Scandinavian countries (Finland, Sweden) and Germany. A legal comparative analysis of the main Laws on marriage issues in the specified chronological period has been carried out. This article focuses on the regulation of obstacles to marriage and the consequences of an invalid marriage. In conclusion, the results are summarized, allowing us to make a categorical conclusion about the importance of measures taken in Finland, Sweden and Germany on the issue under study during this period.
Keywords: marriage, family, children, parents, divorce, church code, obstacles to marriage, marriage ceremony.
Bibliographic list of articles
1. Knipovich F. M. About marriage and personal and property relations of spouses under Finnish law. VIII-XII // Journal of the Ministry of Justice. – St. Petersburg, 1912 – No. 8.
2. Essay by Professor R. A. Wrede of the University of Helsinki, 1903
3. Criminal laws of the Grand Duchy of Finland // Russian Law. – [Electronic resource]. – Access mode: https://web.archive.org/web/20140407093017/http://www.allpravo.ru/library/doc101p/instrum105/item802.html (date of access: 02/10/2024).
4. Finnish legislation on marriage and family. – [Elelectronic resource]. – Access mode: https://studylib.ru/doc/2246435/zakonodatel._stvo-finlyandii-o-brake-i sem._e?ysclid=lsfqni15qt757429137 (date of access: 02.10.2024).
5. Code of Sweden, adopted at the Diet of 1734 and e.i. V. approved for the Grand Duchy of Finland: Trans., published by imperial command. – St. Petersburg: type. N. Grecha, 1824. – [9], XXIV, 534 p. – [Electronic resource]. – Access mode: http://www.auctionimperia.ru/wdate.php?t=booklot&i=24745&ysclid=lsfrkzd7an349666197 (date of access: 02/10/2024).
6. Criminal Code of V.K. Finlyandsky and related legislation. | Presidential Library named after B. N. Yeltsin. – [Electronic resource]. – Access mode: https://www.prlib.ru/item/801357?ysclid=lsgaaag0q654557189 (date of access: 02/10/2024).
HISTORY OF STATE AND LAW
BOBOMUROD Arafat Valijoni
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
PARTICIPATION OF CITIZENS IN THE ADMINISTRATION OF JUSTICE IN TAJIKISTAN DURING THE SOVIET PERIOD
An analysis of the features and historical significance of citizens’ participation in the administration of justice in Tajikistan during the Soviet period allowed us to state that even in conditions of politicized judicial activity, the institution of citizens’ participation in the administration of justice has a positive social effect, although its potential is more fully revealed in an independent and impartial court. In general, the Soviet period of the history of justice represents a significant variety of forms of citizen participation in the administration of justice, ethically supported by the idea of the nationality of the Soviet court. The institute of People’s assessors has become the main form of people’s participation in the administration of justice.
Keywords: Court, People’s Court, Tajik SSR, participation of citizens in the administration of justice.
Bibliographic list of articles
1. Aslonov Kh. Z. Problems of Kazi courts of pre-Soviet and Soviet Tajikistan (1867-1928): dis. …cand. history Sci. – Dushanbe: Tajik National University, 2018. – P. 44.
2. Decree of the All-Russian Central Executive Committee of the RSFSR of November 30, 1918 “On the People’s Court of the Russian Socialist Federative Soviet Republic (regulations)” // SPS ConsultantPlus. – [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base =ESU&n=18812#DeNyG1UsBjy9v8hx (date of access: 01/13/2023).
3. Law of the USSR of 08/04/1989 “On the status of judges in the USSR”: no longer in force // “Gazette of the SND of the USSR and the Supreme Court of the USSR”. – 1989. – No. 9. – Art. 223.
4. USSR Law of December 8, 1961 “On approval of the Fundamentals of Civil Proceedings of the USSR and Union Republics” // Gazette of the USSR Supreme Court. – 1961. – No. 50. – Art. 526.
5. Law of the USSR of 08/16/1938 “On the judicial system of the USSR, union and autonomous republics”: lost force due to the publication of the Decree of the Presidium of the USSR Armed Forces of 04/13/1959. // “Gazette of the USSR Armed Forces”. – 1938. – No. 11.
6. USSR Law of December 25, 1958 “On Changing the Procedure for Elections of People’s Courts” // Gazette of the USSR Supreme Court. – 1958. – No. 1. – Art. 13.
7. USSR Law of December 25, 1958 “On approval of the Fundamentals of Criminal Proceedings of the USSR and Union Republics”: no longer in force // Gazette of the USSR Armed Forces. – 1959. – No. 1. – Art. 15.
8. Law of the Tajik SSR “On the Judicial System of the Tajik SSR” // Gazette of the Supreme Council of the Tajik SSR. – 1961. – No. 2.
9. Kryzhan A.V. People’s court with assessors drawn from the working masses”: revolutionary innovation or a sham? // Historical and legal problems: A new perspective. – 2023. – No. 2. – P. 108.
10. Obidova M. N. The right of citizens to participate in the administration of justice: theoretical, legal and constitutional legal research: dis. …cand. legal Sci. – Dushanbe, 2021. – P. 88.
11. Resolution of the Central Executive Committee of the SMNK of the Tajik SSR dated May 12, 1931 “On the organization of Jamagat courts” // SZ Tajik SSR. – 1932. – P. 794.
12. Systematic collection of current laws of the Tajik SSR. – Stalinabad, 1932. – P. 791.
13. Takhirov F. T. Formation of Soviet law in Tajikistan / Responsible. ed. O. U. Usmanov. – Dushanbe: Donish, 1987. – P. 130.
14. Criminal Procedure Code of the Tajik SSR. – Dushanbe: Tajikgosizdat, 1961. – 267 p.
15. Shodiev I. R. Features of the formation of the judicial system of the Tajik ASSR // Proceedings of the Academy of the Ministry of Internal Affairs of the Republic of Tajikistan. – 2012. – No. 2 (18). – pp. 44-49.
HISTORY OF STATE AND LAW
MUTIGULLIN Alexander Vladimirovich
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
RESTORATION AND STRENGTHENING OF THE SOVIET AND PARTY ORGANS OF THE UKRAINIAN AND BYELORUSSIAN SSR, AS ONE OF THE TASKS IN THE FIGHT AGAINST THE FASCIST-NATIONALIST UNDERGROUND (1944-1945)
The article examines the issues of restoration and strengthening of Soviet and party organs in the territories of Western Ukraine and Western Belarus liberated from the Nazi occupation. It is shown that a complex of political, economic, administrative and special measures was used to activate the activities of Soviet and party bodies. The author also notes that the restoration and strengthening of Soviet power in the Ukrainian and Belarusian SSR significantly undermined the social, personnel and armed base of the fascist-nationalist underground.
Keywords: Soviet organs, party organs, activation of activities, the struggle, the fascist-nationalist underground, a set of political and special measures.
Bibliographic list of articles
1. Butov S.V., Mutigullin A.V., Simonchuk E.R. The struggle of military personnel of the NKVD troops of the USSR and the NKGB of the USSR against banditry in Ukraine during the Great Patriotic War // Eurasian Legal Journal. – 2023. – No. 2 (177). – pp. 89-91.
2. Vlasov V. A. Soviet state apparatus. – M., 1951. – 345 p.
3. Grigorovia D.F., Zamlinsky V.A., Nemyaty V.N. The Communist Party of Ukraine during the Great Patriotic War. – Kyiv, 1980. – 476 p.
4. Groshev I.I. The party’s struggle against nationalism. – M., Politizdat, 1974. – 124 p.
5. Mutigullin A.V. The fight against banditry in Ukraine during the Great Patriotic War, as a function of ensuring public security of the Soviet state // Current issues of administrative legislation: materials of the All-Russian round table (St. Petersburg, April 27, 2023) / Editorial Board : I. S. Nazarova (pres.), V. I. Kainov (chief editor). – St. Petersburg: SPVI National Guard Troops, 2023. – P. 79-84.
6. 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.
7. Mutigullin A.V., Nikonov D.A., Yakovlev M.V. Falsification of the history of the activities of the armed nationalist underground in Western Ukraine in the 1940s – 1950s. // Decisions of the Nuremberg Tribunal as a source of international humanitarian law: Collection of scientific articles of the interuniversity round table, St. Petersburg, November 23, 2022. – St. Petersburg: St. Petersburg Military Institute of the Order of Zhukov of the National Guard of the Russian Federation, 2023. – P. 98-103.
CONSTITUTIONAL LAW
GADISOV Daniyal Rasulovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
DENIKAEVA Saida Emirkhanovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ORGANIZATION OF PUBLIC PROSECUTOR’S SUPERVISION OVER THE OBSERVANCE OF ECONOMIC RIGHTS OF CITIZENS
The scientific article is devoted to the organization of prosecutorial supervision over the observation of economic rights of citizens in Russia. In the context of modern challenges and requirements for effective legal regulation of economic relations, special attention is paid to the role of the Prosecutor’s Office in ensuring the protection of economic rights of citizens. The article analyzes the main functions and powers of prosecutorial bodies in the field of economics, the main directions and methods of prosecutorial supervision. Special attention is paid to the mechanisms of interaction of the prosecutor’s office with other state authorities and control bodies in order to ensure effective counteraction to economic offenses and protect the interests of citizens.
Keywords: prosecutorial supervision, economic rights, citizens, Russia, protection, control bodies, efficiency.
Bibliographic list of articles
1. Balandina A. S. The role of the prosecutor’s office in ensuring the economic security of the Russian Federation // Vanguard of youth science: collection of articles of the II International Research Competition, Petrozavodsk, March 28, 2022. – Petrozavodsk: International Center for Scientific Partnership “New Science” (IP Ivanovskaya I.I.), 2022. – P. 25-30.
2. But N. D. Prosecutor’s supervision over compliance with the constitutional right to freedom of economic activity // Bulletin of the Academy of the General Prosecutor’s Office of the Russian Federation. – 2017. – No. 1 (57). – WITH.94-100.
3. Grigorieva A.V. Prosecutor’s supervision over the observance of human and citizen rights and freedoms // Education. Culture. Society: Collection of selected articles based on the materials of the International Scientific Conference, St. Petersburg, October 29, 2021. – St. Petersburg: National Humanitarian Research Institute National Development, 2021. – pp. 57-59.
4. Ignatiev D. E. Protection of the rights and legitimate interests of small and medium-sized businesses by the prosecutor’s office of the Russian Federation // Skif. Questions of student science. – 2020. – No. 2 (42). – pp. 41-44.
5. Solovyov A. A. Prosecutor’s supervision over the observance of economic rights of citizens. Digest of articles. – Astrakhan: LLC Printing House “New Line”, 2023. – 208 p.
CONSTITUTIONAL LAW
IVLEVA Yuliya Ivanovna
junior researcher of the Sector of Constitutional Law and Constitutional Justice of the Institute of State and Law of the Russian Academy of Sciences (RAS)
INFORMATION AND COMMUNICATION TECHNOLOGIES FOR REALIZATION OF THE CONSTITUTIONAL PRINCIPLE OF ENVIRONMENTAL EDUCATION
Application of information and communication technologies in the modern world is a necessary condition for improving the quality of environmental education. Traditional methods and approaches applying to the organization of educational and upbringing process condition the introduction of advanced technologies, as well as the formation of a proper legal framework that regulates and ensures the implementation of this direction. This paper considers the system of legislative acts, especially constitutional provisions, studies specific examples, and identifies the problems of functioning of information and communication technologies in environmental education and upbringing in the Russian Federation.
Keywords: ecology, environmental safety, environmental protection, Legal support, information and communication technologies, the Constitution of the Russian Federation.
Bibliographic list of articles
1. Vinogradova E. V. Constitutional priorities of environmental education and upbringing of environmental culture – investments in the future of Russia // Legal politics and legal life. – 2022. – No. 3. – P. 199-206.
2. Moiseeva N. A., Polyakova T. A. Problems of information and mathematical modeling as a means of implementing interdisciplinary integration in the teaching of mathematics and computer science at a technical university // Scientific and methodological electronic journal “Concept”. – 2022. – No. 9 (September). – pp. 52-64.
3. Troyan N. A., Polyakova T. A. Modern approaches to systematization of information legislation of Russia in the conditions of digitalization: problems and prospects for development // Monitoring of law enforcement. – 2022. – No. 4 (45). – pp. 50-58.
CONSTITUTIONAL LAW
MAMOSHIN Vyacheslav Igorevich
postgraduate student of the 1st course of Constitutional law and constitutional judiciary sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
NEW GENERATIONS OF HUMAN RIGHTS AND THEIR CONSTITUTIONAL REGULATION
The article analyzes the institution of new generations of human rights as a special legal and social phenomenon. In particular, the new generation of human rights is understood as a set of rights formed at the turn of the XX-XXI centuries as a result of scientific and technological progress, discoveries in medicine, biology, genetics. The paper emphasizes that the two main groups of human rights of the new generation are somatic rights and rights related to the development of digital technologies. These new rights are not yet sufficiently regulated in detail in the legislation of many countries. The Russian Federation is no exception here. Thus, the article highlights the problem of recognizing the right to euthanasia in Russia. In particular, according to the author, Russian patients with severe incurable diseases should have the right to make a decision on euthanasia. This fully corresponds to the ideas and principles of humanism. In addition, the paper discusses the latest changes in the legislative regulation of the procedure for changing sex. It is concluded that the procedure of sex change should be limited, but the introduction of an absolute ban on this procedure is not consistent with the norms of the Constitution of the Russian Federation. The author believes that adult and capable Russian citizens should have the right to undergo a sex change procedure only in cases where, after a thorough examination, they have been identified with appropriate medical indications.
Keywords: artificial insemination, cloning, new generations of human rights, sex change, euthanasia.
Bibliographic list of articles
1. Buzurtanova P. M., Gandarova L. B. Generations of human rights // StudNet. – 2021. – No. 6. – P. 2041-2046.
2. Velieva S. M. The right to life and the “right to death” in the Russian Federation and foreign countries // Modern law. – 2022. – No. 6. – P. 119-123.
3. Gerasimenko N. S. Somatic rights as a special group of human and citizen rights // Bulletin of the Eurasian Academy of Administrative Sciences. – 2020. – No. 4 (53). – pp. 33-36.
4. Gluzdak G. N. Genesis and evolution of the concept of generations of human rights // Ural Journal of Legal Research. – 2022. – No. 4 (21). – pp. 17-23.
5. Matvienko E. A. Generations of human rights: historical and legal aspect // Collection of scientific works of the “Law” series. – 2020. – No. 1 (17). – pp. 117-127.
6. Novgorodtsev P.I. On the unique elements of Russian philosophy of law // Russian philosophy of law. Anthology. – St. Petersburg: Aletheia, 1999. – P. 229-246.
7. Posadkova M.V. The future is already here: on the constitutional nature of the reproductive right to have a child using assistive technologies // Comparative constitutional review. – 2022. – No. 6 (151). – pp. 72-94.
8. Stankevich G.V., Yablonskaya A.A. Reproductive rights of citizens: content and implementation // Economics. Right. Society. – 2022. – T. 7. No. 4 (32). – pp. 47-52.
9. Shevchenko I. S. The right to euthanasia and cloning in the modern world // Legal position. – 2021. – No. 3 (15). – pp. 60-66.
CONSTITUTIONAL LAW
FANTROV Pavel Petrovich
Ph.D. in political sciences, senior lecturer of Procedural law and criminalistics sub-faculty of the Institute of Law of the Volgograd State University
DUBROVINA Anastasiya Nikolaevna
student of the Institute of Law of the Volgograd State University
MODERNIZATION OF LEGISLATION, REGULATING THE STATUS OF THE COMMITTEE FOR HUMAN RIGHTS IN RUSSIAN FEDERATION
The authors identified gaps in domestic legislation that affect the effectiveness of the activities of the Commissioner for Human Rights in the Russian Federation. The researchers came to the conclusion that in order to increase the level of protection of the rights and freedoms of citizens in the Russian Federation, the following standards should be consolidated: 1) tightening the responsibility of public authorities and officials for obstructing the activities of the Commissioner , enshrined in Art. 17.2 of Russian Code of Administrative Offenses such a type of punishment as “disqualification”; 2) giving the Commissioner the right of legislative initiative; 3) indicating the need for the Commissioner to have a higher legal education.
Keywords: Commissioner for Human Rights, Constitution of the Russian Federation, rights and freedoms, legislative initiative, power.
Bibliographic list of articles
1. Bashimov M. S. Some problems of improving the bill on the Ombudsman of Kazakhstan // Bulletin of the Institute of Legislation of the Republic of Kazakhstan. – 2007. – No. 4.
2. Boytsova V.V., Boytsova L.V. Institute of the Commissioner for Human Rights in Russia // Representative power: monitoring, analysis, information. – 1997. – No. 2.
3. Glushkova S.I., Palkina N.V. Public control in modern Russia: main directions and problems of development // Bulletin of the Humanitarian University. – 2020. – No. 2.
4. Plutalov I. Yu. Proposals for improving the institution of the Commissioner for Human Rights in the Russian Federation // Eurasian Legal Journal. – 2020. – No. 3.
5. Khamaneva N. Yu. Institute of the Ombudsman for Children’s Rights: Problems of Development and Improvement // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2012. – No. 5.
CONSTITUTIONAL LAW
YARIKOV Makhach Muradinovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
RADZHABOVA Emilia Shahabutinovna
Ph.D. in Law, associate professor of the Institute of Law of the Dagestan State University Makhachkala
THE PROBLEM OF INTERACTION BETWEEN THE INSTITUTION OF THE PRESIDENT AND THE BRANCHES OF GOVERNMENT IN THE RUSSIAN LEGAL SYSTEM
The scientific article is devoted to the analysis of the problem of interaction between the institute of the president and the branches of government in the Russian legal system. The article provides a comprehensive analysis of the constitutional foundations of the separation of powers, the powers of the president and his influence on the executive, legislative and judicial branches of government. Particular attention is paid to identifying factors contributing to effective or ineffective interaction between these institutions, as well as identifying problematic aspects such as the possibility of abuse of power, limitations on the independence of the judicial system and paralysis in the decision-making system. Based on the analysis, recommendations and solutions to these problems are proposed, taking into account constitutional norms, international standards and practices of other states.
Keywords: interaction, president, branches of government, legal system, constitution, separation of powers, powers, independence of the judicial system, civil society, Russian politics.
Bibliographic list of articles
1. Borisov O. K. Peculiarities of interaction between the President of the Russian Federation and federal government bodies of the Russian Federation // Problems of modernization of the modern Russian state: Collection of materials of the VIII All-Russian Scientific and Practical Conference, Sterlitamak, May 23-24, 2019 / Rep. ed. G. A. Ivantsova. – Sterlitamak: Bashkir State University, 2019. – pp. 138-143.
2. Gandaloeva R. A. Interaction of the President of the Russian Federation with government bodies // Current issues of modern science: Collection of articles of the VII International Scientific and Practical Conference. In 2 parts, Penza, June 10, 2023. Volume Part 2. – Penza: Science and Enlightenment (IP Gulyaev G. Yu.), 2023. – P. 274-276.
3. Zhulidova P. A. The problem of the powers of the president and the socio-political development of Russia // Relevante issues of modern science and education: Materials of the Scientific Session 2022 of the Borisoglebsk branch of the Federal State Budgetary Educational Institution of Higher Education “VSU”, Borisoglebsk, April 01–30, 2022. – Moscow: Pero Publishing House, 2022. – P. 116-120.
4. Kashin I. A. Interaction of the President of the Russian Federation with the branches of government: problems and prospects for interaction // Big Legal Conference: collection of articles of the International Scientific and Practical Conference, Penza, August 15, 2021. – Penza: Science and Enlightenment, 2021. – P. 7-12.
CONSTITUTIONAL LAW
SHAKHMURADOV Andrey Raufovich
postgraduate student of Constitutional law and constitutional proceedings sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
CONCERNING THE INTERRELATION OF CATEGORIES CONSTITUTIONALISM, PARLIAMENTARISM AND PRESIDENTIALISM
The doctrine of modern constitutional law discusses the relationship between constitutionalism, parliamentarism and presidentialism. Parliamentarism is often called an integral part of constitutionalism, and presidentialism is opposed to both categories. Nevertheless, there is a different doctrinal view. Presidentialism seems to be an alternative to the prevalent role of the legislature, but only within the frameworks of a verified and time-tested system of checks and balances between bodies of different branches of government, and the president himself is called the state body closest to the principle of democracy.
Keywords: constitutionalism, presidentialism, parliamentarism, the principle of separation of powers, the system of checks and balances, constitutional democracy, executive power, legislative power.
Bibliographic list of articles
1. Abramova A. I., Vitushkin V. A., Vlasenko N. A. and others. Parliamentary law of Russia. Monograph. // Publication of the State Duma, 2013. 400 pp.
2. Kutafin O. E. Russian constitutionalism. M: Norma, 2008. pp. 380-381.
3. Modern Russian constitutionalism: to the 85th anniversary of the birth of academician O. E. Kutafin, p. 181: monograph / Under general. ed. V. V. Komarova; resp. ed. O. S. Rybakova. Moscow: Prospekt, 2023. 608 p. ISBN 978-5-392-39249-0
4. Umnova I. A. Modern approaches, concepts and doctrines of constitutionalism // Modern constitutionalism. Theory, doctrine and practice: collection. scientific tr. / RAS. INION. Center for Social Scientific Information Research Dept. jurisprudence; RAP, Dept. Constitutional and legal studies; resp. ed. E.V. Alferova, I.A. Umenova. M., 2013. P. 31.
5. Shulzhenko Yu. L. The concept of “Parliamentarism” in modern domestic science // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2017. No. 5 (63). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-parlamentarizm-v-sovremennoy-otechestvennoy-nauke
6. Constitutional law / Erwin Chemerinsky, Dean and Jesse H. Chopper Distinguished Professor of Law, University of California, Berkeley School of Law. Sixth edition. New York: Wolters Kluwer, 2020] ISBN 9781543813074.
7. Fellman D. (1975). The Separation of Powers and the Judiciary // The Review of Politics, 37 (3), 357-376. doi: 10.1017/S0034670500024463.
8. José Antonio Cheibub & Bjørn Erik Rasch (2022). Constitutional parliamentarism in Europe, 1800-2019 // West European Politics, 45:3, 470-501, DOI: 10.1080/01402382.2020.1870841
ADMINISTRATIVE LAW
BYSHKOV Pavel Anatoljevich
Ph.D. in Law, Ph.D. in historical sciences, associate professor of the Higher School of Management of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PROBLEMS OF THE DEVELOPMENT OF THE ARCTIC AND THE FAR EAST
The article is devoted to the study of the attractiveness of the northern and eastern regions of Russia and the legal instruments for their development. The main measures and institutions created to stimulate investment and socio-economic development of the region are described. Preferential regimes and special administrative and legal regimes are considered, as well as legal acts aimed at regulating the development of the region. The article also contains an analysis of the challenges and prospects for the development of the Arctic and the Far East from the point of view of legal regulation.
Keywords: the Arctic, the Far East, preferential regimes, legal regulation of administrative and legal regimes, investments, legal support for economic growth, international cooperation.
Bibliographic list of articles
1. Federal Law “On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation” dated July 29, 2017 No. 216-FZ // Collection of lawsof the Russian Federation dated July 31, 2017 N 31 (Part I) Art. 4765.
2. Order of the Government of the Russian Federation dated September 24, 2020 No. 2464-r “On approval of the National Program for the Social and Economic Development of the Far East for the period until 2024 and for the future until 2035.”
3. Federal Law of December 29, 2014 No. 473-FZ “On Territories of Advanced Development in the Russian Federation” // Rossiyskaya Gazeta, No. 299, 12/31/2014.
4. Federal Law “On Special Economic Zones in the Russian Federation” dated July 22, 2005 No. 116-FZ // Collection of Legislation of the Russian Federation dated July 25, 2005 No. 30 (Part II) Art. 3127.
5. Federal Law of July 13, 2015 No. 212-FZ “On the Free Port of Vladivostok” // Collection of Legislation of the Russian Federation of July 20, 2015 No. 29 (Part I) Art. 4338.
6. Federal Law of April 30, 1999 No. 82-FZ “On Guarantees of the Rights of Indigenous Peoples of the Russian Federation” // Collection of Legislation of the Russian Federation of May 3, 1999 No. 18 Art. 2208.
7. Convention of the International Labor Organization No. 169 “On Indigenous and Tribal Peoples in Independent Countries” (Geneva, June 27, 1989) // The text of the Convention was published in the collection “Conventions and Recommendations Adopted by the International Labor Conference. 1957-1990. T. II”. Geneva, International Labor Office, 1991.
8. Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection” // Collection of Legislation of the Russian Federation of January 14, 2002 No. 2 Art. 133.
9. Order of the Government of the Russian Federation of September 24, 2020 No. 2464-r “On approval of the National Program for the Social and Economic Development of the Far East for the period until 2024 and for the future until 2035.” // Collection of legislation of the Russian Federation, 05.10.2020, No. 40, art. 6311.
10. Order of the Government of the Russian Federation of September 24, 2020 No. 2464-r “On approval of the National Program for the Social and Economic Development of the Far East for the period until 2024 and for the future until 2035.” // Collection of legislation of the Russian Federation, 05.10.2020, No. 40, art. 6311.
11. Decree of the Government of the Russian Federation of April 15, 2014 No. 316 “On approval of the state program of the Russian Federation “Economic development and innovative economy” // Collection of legislation of the Russian Federation, 05.05.2014, No. 18 (part II), art. 2162.
12. Order of the Government of the Russian Federation dated 02.13.2019 No. 207-r “On approval of the Spatial Development Strategy of the Russian Federation for the period until 2025” // Collection of Legislation of the Russian Federation, 02.18.2019, No. 7 (Part II), Art. 702.
13. Order of the Ministry of Eastern Development of Russia dated 04/02/2015 No. 42 On approval of the application form for concluding an agreement on the implementation of activities in the territory of rapid socio-economic development, an approximate form of a business plan, criteria and methods for assessing the application and business plan; Order of the Ministry of Economic Development of Russia dated July 21, 2022 No. 381 “On approval of the application form for concluding an agreement on the implementation of activities in the territory of rapid socio-economic development created on the territory of the Russian Federation, with the exception of the territory of the Far Eastern Federal District and the Arctic zone of the Russian Federation, an approximate form of business plan, criteria and methodology for considering the application and evaluating the business plan, the procedure for submitting the application and the documents attached to it in the form of an electronic document.”
ADMINISTRATIVE LAW
DUDAEV Anatoliy Borisovich
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
TKACHENKO Vladimir Vasiljevich
Ph.D. in economical sciences, associate professor of Management and administrative activities sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
DEMCHENKO Nikolay Viktorovich
Ph.D. in Law, Deputy Head of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
COMMISSIONS ON JUVENILE AFFAIRS AND PROTECTION OF THEIR RIGHTS IN THE SYSTEM OF SUBJECTS OF ADMINISTRATIVE JURISDICTION
In the presented article, the authors consider the legal status of the most important subject of the prevention of neglect of persons under the age of eighteen – the commissions for juvenile affairs and protection of their rights, which is also a jurisdictional body considering cases of administrative offenses. The paper notes the historical circumstances that arose in the early years of Soviet power, which served as the basis for the creation of this collegial body. The authors identify the most important role of commissions in ensuring the protection of the rights and legitimate interests of minors in a legal democratic state. Based on the analysis of a number of scientific publications, the concept and features of the legal status of the Commission on Juvenile Affairs and protection of their rights as an administrative jurisdiction body are formulated. Proposals have been made aimed at ensuring legality and objectivity in resolving cases of administrative offenses by commissions for juvenile affairs and protection of their rights, as well as improving their activities.
Keywords: rights and legitimate interests of minors, neglect, homelessness, the system of prevention of neglect and juvenile delinquency, subjects of the system of prevention of neglect and juvenile delinquency, commissions on juvenile affairs and protection of their rights, bodies of administrative jurisdiction, state bodies, cases of administrative offenses, non-judicial bodies.
Bibliographic list of articles
1. Bratanovsky S.N., Demenchuk D.V. Administrative and legal regulation of the organization of activities of commissions for minors in the Russian Federation: monograph. M.-Berlin: Direct-Media Publishing House, 2014. 138 p.
2. Vinogradov A. S. Competence of the commission on juvenile affairs and protection of their rights in the field of prevention of juvenile delinquency // Young scientist. 2018. No. 48 (234). pp. 129-130.
3. Kaibysheva D.Z. Activities of the commission for minors and the protection of their rights in working with neglected minors // International Academic Bulletin. 2019. No. 5. P. 56-58.
4. Krivonosov A. N. Historical experience in the fight against homelessness // State and law. 2003. No. 7. P. 92-98.
5. Mozharovskaya K. A. Analysis of the activities of the commission for juvenile affairs and the protection of their rights in the prevention of juvenile delinquency // Implementation of the competence-based approach in the system of professional education of teachers. 2018. No. 1. P. 132-135.
6. Moskalenko S. A., Shikhalov A. O., Tkachuk V. N. Specifics of the activities of the commission for juvenile affairs in the prevention of delinquency // Eurasian space: economics, law, society. 2022. No. 1. P. 22-24.
7. Rozhkov A. Yu. The fight against homelessness in the first Soviet decade // Questions of history. 2000. No. 11. P. 134-139.
8. Fedorova I.V. Measures taken by the commission for minors to protect their rights // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2022. No. 4. P. 257-262.
ADMINISTRATIVE LAW
KAMENEV Maxim Alexandrovich
lecturer of Administrative and legal disciplines sub-faculty of the I. D. Putilin Belgorod Law Institute of the MIA of Russia
FEATURES OF ADMINISTRATIVE RESPONSIBILITY FOR THE DISSEMINATION OF EXTREMIST MATERIALS
This article analyzes the peculiarities of the application of administrative liability for the commission of such an offense as the production and distribution of extremist materials. Due to the fact that this offense refers to offenses encroaching on public order and public security, the author dwells separately on the consideration of these definitions. The relevance of this work is due to the importance of a more detailed study of the grounds and regulatory legal framework establishing administrative responsibility for the commission of the offense in question. The article examines both the composition of this offense itself and the measures of administrative responsibility for its commission. The author analyzes the need to amend the current administrative legislation on the issue under consideration.
Keywords: administrative responsibility, public order and public security, production and distribution of extremist materials
Bibliographic list of articles
1. Magdilova L. V., Magomedrasul G. Ya. Problems of countering the spread of extremist materials on the Internet // Public service and personnel. 2023. No. 5. P. 86-90.
2. Prokofiev K. G. On the issue of the grounds of administrative responsibility for offenses encroaching on public order and public safety // Socio-political sciences. 2019. Vol. 9. No. 5. pp. 148-151.
3. Kurakin A.V. On the issue of the concept and meaning of administrative responsibility in Russian law // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2013. No. 6. P. 208-209.
ADMINISTRATIVE LAW
OSTANINA Anastasiya Maksimovna
master of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
PAVLOV Nikolay Vladimirovich
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CONTROL AND SUPERVISION AS THE MAIN WAYS TO ENSURE LEGALITY IN ADMINISTRATIVE AND PUBLIC ACTIVITIES
In the scientific work, the authors consider the mainissues of control and supervision as a way to ensure the legality of administrative and public activities. It is noted that the main purpose of control and supervision is to ensure the legality of administrative and public activities, and the correct and effective implementation of control and supervisory activities in the country is the key to prosperity as a state. The article also identifies current problems that arise in the process of implementing control and supervisory activities. Possible ways to eliminate the existing gaps are proposed.
Keywords: control, supervision, public administration, legality, administrative and public activities, public authorities.
Bibliographic list of articles
1. Belchik A. M., Pavlov N. V. Legal aspects of state and municipal government // Law and Law. – 2022. – No. 4. – P. 29-31.
2. Zherebtsov A. N., Pavlov N. V. Administrative law enforcement practice: theoretical and practical aspects. – M.: Justitsinform, 2018. – 167 p.
3. Romanov S. A. Reforming the system of state control (supervision) in the context of changes in current legislation // Penitentiary science. – 2023. – T. 17. No. 1 (61). – pp. 82-88.
ADMINISTRATIVE LAW
SIDOROV Sergey Alexandrovich
Ph.D. in political sciences, associate professor of General legal disciplines sub-faculty of the All-Russian State University of Justice
SAKHNO Vasiliy Petrovich
postgraduate student of the All-Russian State University of Justice
KIRKITSA Anton Alexandrovich
student of the 4th course of the All-Russian State University of Justice
LIABILITY OF LEGAL ENTITIES FOR VIOLATION OF THE RULES OF NAVIGATION WHEN TRANSPORTING CATCHES OF AQUATIC BIOLOGICAL RESOURCES
In the article, the author considers topical issues of bringing legal entities to legal responsibility when transporting catches of aquatic biological resources. However, the current practice, according to the author, actually divides industrial fishing into fishing directly with the extraction of FBR catches, and fishing without FBR extraction. It has been shown that Russian and foreign vessels and other floating vessels, when fishing and going to the exclusive economic zone of the Russian Federation, after crossing the line of its external border, are obliged to notify the border authority in advance. Failure to comply with these requirements entails administrative liability.
Keywords: fishing, administrative responsibility, receiving vessel, permit for the extraction of VBR.
Bibliographic list of articles
1. Belyaeva O. A., Bogolyubov S. A., Galinovskaya E. A. [etc.]. On fishing and conservation of aquatic biological resources: scientific and practical commentary on the Federal Law of December 20, 2004 No. 166-FZ, clause 9, art. 1. – Moscow: Prospekt, 2020. – 216 p.
2. Resolution of the Arbitration Court of the North-Western District: dated September 15, 2021 in case No. a42-9854/2020 Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/ELhZAGlguQW3/?ysclid=ls9dgzu5o34726216.
3. Decision of the Arbitration Court of the Murmansk Region dated March 11, 2021 in case No. A42-9854/2020. Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/arbitral/doc/ELhZAGlguQW3/?ysclid=ls9dgzu5o34726216.
ADMINISTRATIVE LAW
BYSHKOV Pavel Anatoljevich
Ph.D. in Law, Ph.D. in historical sciences, associate professor of the Higher School of Management of the Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL ASPECTS OF BUSINESS PROTECTION IN THE FIELD OF CONTROL AND SUPERVISORY ACTIVITIES
The article examines the current state of control and supervisory activities in Russia. He notes a decrease in the number of inspections, but there are problems, such as unjustified criminal prosecution of entrepreneurs. The article also discusses the powers of law enforcement agencies, the classification of economic crimes and measures to protect the rights of entrepreneurs. In the context of improving the investment climate, the article suggests expanding the powers of the prosecutor’s office, decriminalizing certain criminal offenses and more frequent use of preventive measures not related to imprisonment. In general, changes in legislation can contribute to the development of the economy and the protection of the rights of entrepreneurs.
Keywords: reducing administrative pressure, entrepreneurship, Russia, control and supervisory activities, investment climate, law enforcement agencies, criminal legislation, crimes, protection of the rights of entrepreneurs.
Bibliographic list of articles
1. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/71445.
2. [Electronic resource]. – Access mode: http://doklad.ombudsmanbiz.ru/doklad_2022.html.
3. Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” dated March 8, 2022 No. 46-FZ // Collection of Legislation of the Russian Federation dated March 14, 2022 No. 11 Art. 1596.
4. Decree of the Government of the Russian Federation dated March 10, 2022 N 336 “On the features of the organization and implementation of state control (supervision), municipal control” // Collection of legislation of the Russian Federation dated March 14, 2022 No. 11 Art. 1715.
5. Federal Law of July 31, 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” // Collection of Legislation of the Russian Federation of August 3, 2020 No. 31 (Part I) Art. 5007.
6. Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” // “Rossiyskaya Gazeta” of December 30, 2008 No. 266.< br /> 7. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ // Collections of Legislation of the Russian Federation dated June 17, 1996 No. 25 Art. 2954.
8. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-FZ // Collection of Legislation of the Russian Federation of December 24, 2001 No. 52 (Part I) Art. 4921.
9. Order of the General Prosecutor’s Office of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Emergency Situations of the Russian Federation, the Ministry of Justice of the Russian Federation, the FSB of the Russian Federation, the Ministry of Economic Development and Trade of the Russian Federation and the Federal Service of the Russian Federation for Drug Control dated December 29, 2005 No. 39/1070/1021/253/780 /353/399 “On a unified record of crimes.” // Rossiyskaya Gazeta.” – No. 13. – 01/25/2006.
ADMINISTRATIVE LAW
TORYANIKOVA Irina Vitaljevna
lecturer of Constitutional and administrative law sub-faculty of the Volgograd Academy of the MIA of Russia
CURRENT ISSUES OF ADMINISTRATIVE COERCION: THE CONCEPT AND FEATURES OF ITS APPLICATION
In this article, the author examines current issues of administrative coercion, which are expressed in several factors: firstly, this is an economic factor, according to which administrative coercion acts as a kind of necessity in the development of a market economy in the state; secondly, the political factor, which means the possibility of fully realizing the rights of citizens, protecting the state, as well as maintaining law and order on its territory only through the use of coercion when necessary; thirdly, the legal factor means the possibility of full regulation through coercion of the procedure for proceedings in cases of administrative offenses. The concepts of administrative coercion are formulated and a classification of signs of coercion is given. The forms of state coercion are highlighted and some features of its application are revealed.
Keywords: administrative coercion, administrative offense, administrative responsibility, restoration of rights, ensuring law and order.
References
1. Safonenkov P. N. Administrative coercion applied by customs authorities as a scientific problem // Administrative and municipal law. – 2016. – No. 4. – P. 295-298.
2. Kaplunov A. I. Administrative coercion applied by internal affairs bodies: theory and practice: monograph. – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2014. – P. 83.
3. Sokolov A. Yu. Measures to ensure proceedings in cases of administrative offenses: monograph. – M.: Norma, 2015. – P. 37.
4. Grishin D. A. On the issue of the concept and content of administrative coercion used by employees of the Federal Penitentiary Service of Russia // Administrative law and process. – 2016. – No. 1. – P. 33-38.
5. Rossinsky B. V. Administrative responsibility. – M.: Norma, 2015. – P. 1.
ADMINISTRATIVE JUDICIARY
MITYASHOVA Anastasiya Anatoljevna
magister student of the A. A. Khmyrov Faculty of Law of the Kuban State University
IVANENKO Igor Nikolaevich
Ph.D. in Law, associate professor, associate professor of Civil process and international law sub-faculty of the Kuban State University
ON THE ISSUE OF THE POSSIBILITY OF PROVING NEGATIVE FACTS IN ADMINISTRATIVE PROCEEDINGS
The text of the Code of Administrative Procedure of the Russian Federation does not disclose the concept of a “negative fact”, does not provide its legal qualification, there is no indication whether it is possible to prove a negative fact in the process of considering and resolving a case or such a possibility is devoid of practical justification. The historical aspect of the emergence of the concept of “negative fact” is touched upon. The experience of foreign countries and foreign scientists in considering the possibility of proving a negative fact is analyzed. The approaches developed in legal doctrine and judicial practice to the issue of the possibility of proving a negative fact are considered. The position on the possibility of proving negative facts in the process of considering and resolving an administrative case by redistributing the burden of proof between the parties is disclosed. The opinion is expressed on the approach to considering a negative fact as an indefinite legal relationship, for the proof of which it is necessary to fill the latter with factual content (in order to transform the “negative” into a “definite” one for further proof).
Keywords: negative facts, redistribution of the burden of proof, proving, administrative proceedings, an uncertain legal relationship, the experience of foreign countries.
Bibliographic list of articles
1. Smirnov I., Levinsky V. (compiled). Catch phrases of the ancient Romans. – M.: Ripol classic, 1999. – 704 p.
2. Yarkov V.V. Legal facts in the civil process. – M.: Intro-pik Media, 2012. – 608 pp.
3. Tax Code of the Russian Federation (part one) dated July 31, 1998 No. 146-FZ // SZ RF. – 08/03/1998. – No. 31. – Art. 3824.
4. Nefediev E. A. Textbook of Russian civil proceedings. – M.: Type. Imp. Moscow un-ta. – 403 c.
5. Annenkov K. N. Experience of commentary on the Charter of civil proceedings. Volume V: Execution of the decision / [Essay] K. Annenkova. – Second edition, corrected and expanded. – St. Petersburg: Printing house of M. M. Stasyulevich, 1888. VIII. – 588 pp.
6. Nakhova E. A. Subject of proof and distribution of responsibilities for proof in civil proceedings of the countries of the continental legal system // Leningrad Legal Journal. – 2022. – No. 3 (69). – pp. 65-76.
7. Vyshinsky A. Ya. Theory of judicial evidence in Soviet law / 3rd ed., add. – M.: Gosyurizdat, 1950. – 308 p.
8. Code of Administrative Proceedings of the Russian Federation dated 03/08/2015 No. 21-FZ // SZ RF. – 03/09/2015. – No. 10. – Art. 1391.
9. Appeal ruling of the Novosibirsk Regional Court dated 02.21.2023 No. 33a-1814/2023 in case No. 2a-398/2022 // SPS “ConsultantPlus” (date of appeal: 10.08.2023).
10. Appeal ruling of the St. Petersburg City Court dated 03/02/2023 No. 33-2405/2023 in case No. 2–370/2022 // SPS “ConsultantPlus” (date of appeal: 10/08/2023).
11. Ruling of the Supreme Court of the Russian Federation dated August 30, 2017 No. 309-ES17-12939 in case No. A76-11353/2016 // ATP “ConsultantPlus” (date of appeal: October 8, 2023).
12. Gilev K. I. Approaches to proving negative facts // Questions of Russian justice. – 2021. – No. 15. – P. 689-702.
13. Appeal ruling of the Novosibirsk Regional Court dated 02.21.2023 No. 33a-1814/2023 in case No. 2a-398/2022 // SPS “ConsultantPlus” (date of appeal: 10.14.2023).
CIVIL LAW
BUZOVA Natalya Vladimirovna
Ph.D. in Law, associate professor of Business and corporate law sub-faculty of the Russian State University of Justice
ARE THE RIGHTS OF THE PHONOGRAM MANUFACTURER SUFFICIENT TO USE MUSICAL COMPOSITIONS ON THE INTERNET?
Although phonograms are independent results of intellectual activity, their use is often associated with the realization of intellectual rights to works and performances that are recorded on such phonograms. That is, for the legitimate use of phonograms, including on the Internet, it is not enough to obtain the consent of only the phonogram manufacturer, the consent of the authors and performers (or other holders of exclusive rights to works and performances) that are used in conjunction with the phonogram is also required. Additional attention is required whenusing audio recordings created during the Soviet period without including an agreement with the author.
Keywords: performance, fixation, music work, rightholder, phonogram, duration of protection.
Bibliographic list of articles
1. Grishaev S.P. Mass media and copyright // Library of the “Rossiyskaya Gazeta” Copyright and mass media. Legislative and other regulations. 2002. No. 20. P. 123-167.
2. Zavidov B. D., Savelyeva I. V. Basic provisions on related rights // Intellectual property. Copyright and related rights. 2001. No. 3. P. 51-56.
3. Commentary on the Civil Code of the Russian Federation, part four (article-by-article) / Rep. ed. L. A. Trakhtengerts. M.: Law firm “CONTRACT: INFRA-M”, 2009. 812 p.
4. Morgunova E. A. The procedure for disposing of the exclusive right to objects of copyright according to part four of the Civil Code of the Russian Federation and according to the Law of the Russian Federation “On Copyright and Related Rights” // Digital Economy: Intellectual Property and Law. Digest of articles. M.: RUGP, 2023. pp. 85-94.
5. Morgunova E. A., Frolova N. M. Exclusive law in civil circulation: textbook. M.: Norma: INFRA-M., 2021. 496 pp.
6. Tulubieva I. Yu. Rights of performing artists // Intellectual property. Copyright and related rights. 2000. No. 5-6. pp. 108-111.
CIVIL LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty of the Institute of Law of the Samara State University of Economics
KITAEVA Alina Vladimirovna
Ph.D. in Law, associate professor, associate professor of Professional disciplines sub-faculty of the Faculty of Training of State and Municipal Employees of the Samara Law Institute of the FPS of Russia
KORNIENKO Marina Andreevna
student of the 3rd course of the Institute of Law of the Samara State University of Economics
KRUGLOVA Anna Vladimirovna
student of the 3rd course of the Institute of Law of the Samara State University of Economics
VIOLATIONS OF THE LEGAL FOUNDATIONS OF MEDICAL ACTIVITY IN THE FIELD OF COSMETOLOGY
The article is devoted to an urgent topic in the field of medical cosmetology services. This topic remains in demand, as more and more people seek to change their appearance with the help of cosmetic intervention. In this scientific work, the legal aspects of cosmological activity, the problems of the appearance of “black” cosmetology and ways to prevent such activity will be revealed.
Keywords: legal regulation, cosmetology, procedure, license, service.
Bibliographic list of articles
1. “History of cosmetology in Russia.” [Electronic resource]. – Access mode: History of cosmetology in Russia – Rybinsk Week (rweek.ru) (access date: 02/06/2024).
2. On the nomenclature of specialties of specialists with higher and postgraduate medical and pharmaceutical education in the healthcare sector of the Russian Federation: order of the Ministry of Health and Social Development of the Russian Federation dated April 23. 2009 No. 210n (lost force) / Official publication of legal acts. [Electronic resource]. – Access mode: https://minzdrav.gov.ru/documents/8957 (date of access: 02/06/2024).
3. On licensing of certain types of activities: Federal Law of May 4, 2011 No. 99-FZ (as amended on December 25, 2023) / Official publication of legal acts. [Electronic resource]. – Access mode: On licensing of certain types of activities (pravo.gov.ru) (date of access: 02/06/2024).
4. On approval of the Procedure for providing medical care to the population in the field of cosmetology: order of the Ministry of Health and Social Development of Russia dated April 18, 2012 No. 381n / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=102159609&ysclid=ltflwt6wjs613454831 (date of access: 02/06/2024).
5. Code of the Russian Federation on Administrative Offenses: Federal Law of December 30, 2001 No. 195-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force from March 1, 2024) / Official publication of legal acts. [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody&nd=102074277&ysclid=ltg22k7c25859652671 (date of access: 02/06/2024).
6. “Legal and gray cosmetology”: Komsomolskaya Pravda. [Electronic resource]. – Access mode: Legal and “gray” cosmetology in Yekaterinburg: how a consumer can avoid getting confused in the beauty market and not harming themselves – KP.RU (date of access: 02/06/2024).
7. “The Social Media Butcher.” [Electronic resource]. – Access mode: https://lenta.ru/articles/2024/02/17/myasnik-iz-sotssetey-emelyan-braude-vernulsya-v-rossiyu/?ysclid=ltfmdj54qh680363456 (date of access: 02/06/2024).
8. Exposing gray cosmetologists: How the Braude sect makes billions from us: YouTube video hosting. [Electronic resource]. – Access mode: https://www.youtube.com/watch?v=zJpvltGOtMc (access date: 02/06/2024).
9. Verdict of the Dorogomilovsky District Court of Moscow dated October 15, 2020 in case No. 1-288/19. [Electronic resource]. – Access mode: https://mos-gorsud.ru/mgs/cases/docs/content/3daa80a0-7a62-11eb-af74-1ffce50878e5.
10. The cause of death of the ripper surgeon Alena Verdi has been named: NTV Television Company JSC. [Electronic resource]. – Access mode: The cause of death of the ripper surgeon Alena Verdi has been named // NTV News (ntv.ru) (access date: 02/06/2024).
11. Cosmetologists: in the light and in the shade, data from VTsIOM surveys. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/kosmetologi-na-svetu-i-v-teni?ysclid=ltfjfwjvxy390893959 (access date: 03/06/2024).
CIVIL LAW
IZYUMOV Igor Vladimirovich
Ph.D. in Law, associate professor of Humanitarian sciences and technologies sub-faculty of the Tyumen Industrial University
THE LEGAL NATURE OF ARTIFICIAL INTELLIGENCE AS AN OBJECT OF INTELLECTUAL PROPERTY LAW
The article analyzes the legal nature of artificial intelligence, as well as the features and further prospects of legal regulation of relations related to it from the point of view of intellectual property law. Proposals for improving legislation in the field of intellectual property are also presented.
Keywords: artificial intelligence, intellectual property, neurotechnology.
Bibliographic list of articles
1. Zhuleva M. S., Izyumov I. V., Ignatov S. B., Shuler I. V. Legal problems of our time / Collective monograph – Direct text. – Tyumen, 2019. – P. 92.
2. Ponkin A.V., Redkina A.I. Artificial intelligence from the point of view of law / Direct text // Bulletin of RUDN University. Ser.: Legal sciences. – 2018. – No. 1. – P. 99.
3. Sesitsky E. P. Problems of legal protection of results created by artificial intelligence systems. – Moscow: Yurayt, 2018. – P. 17. – Direct text
4. Izyumov I.V. Philosophical and legal analysis of legislation on the protection of intellectual rights in information and telecommunication networks // In the collection: Information and graphic technologies in professional and scientific activities. collection of articles of the IV International Scientific and Practical Conference. – Tyumen, 2021. – pp. 275-277. – Text: direct.
CIVIL LAW
KALYATIN Vitaliy Olegovich
Ph.D. in Law, associate professor, professor of the S. S. Alekseev Research Center for Private Law under the President of the Russian Federation, associate professor of the Department of Law of Digital Technologies and Biolaw of the Faculty of Law of the National Research University “Higher School of Economics»
MODIFICATION OF SOFTWARE AND DATABASES: CONFLICT SITUATIONS AND WAYS TO RESOLVE THEM
Modification of works always raises a lot of questions. However, in connection with software and databases they become much more difficult. This is due to the specific nature of these objects and the conditions of their use. This article is devoted to the most important practical issues of modification of these objects. It examines the reasons for the development of certain conflict situations, possible ways to resolve them, and indicates the most important judicial practice.
Keywords: intellectual property, copyright, software, databases, exclusive rights, modification, moral rights, right to integrity, adaptation.
Bibliographic list of articles
1. Commentary on the Civil Code of the Russian Federation, part four (article-by-article), rep. ed. L. A. Trakhtengerts. – M.: INFRA-M, 2017.
2. Gavrilov E. P., Gorodov O. A., Grishaev S. P. and others. Commentary on the Civil Code of the Russian Federation (article-by-article). Part four. – M.: Prospekt, 2007.
3. Kalyatin V. O., Korneev V. A., Pavlova E. A. and others. Intellectual rights. Textbook. Under the general editorship of E.A. Pavlova. – M.: Statute, 2023.
4. Smirnova E. Yu., Sergo A. G. Free software in the registry of Russian programs // IS. Copyright and related rights. – 2020. – No. 1, cited. according to SPS “ConsultantPlus”.
CIVIL LAW
KOLESNIKOVA Marianna Mikhaylovna
Ph.D. in Law, associate professor of Civil process law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
MAKSIMOVA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Social and economicsomic sciences sub-faculty of the St. Petersburg University of Civil Aviation, St. Petersburg
MISHINA Elena Vyacheslavovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty of the St. Petersburg branch of the V. B. Bobkov Russian Customs Academy, St. Petersburg
SACHENKO Alexey Leonidovich
Ph.D. in Law, associate professor of Civil law sub-faculty of the North-Western branch of the Russian State University of Justice, St. Petersburg
ELECTRONIC FORM OF TRANSACTIONS AND SMART CONTRACT: SPECIFICS OF CIVIL LAW REGULATION AND APPLICATION IN CONTRACT PRACTICE
The article attempts a comprehensive analysis of the legal essence, specifics of civil law regulation and features of the use of electronic agreements and smart contracts in Russian legal reality. The relationship between the analyzed categories is examined in detail through their conceptual description based on existing approaches to the legal nature and critical understanding of the available legal material, the contractual legal nature of the smart contract and its relationship with related legal institutions are analyzed. The team of authors comes to the conclusion that new technological solutions, which have been actively used recently in domestic legal practice, are relevant and especially in demand in the process of forming a modern digital economy in the Russian Federation. However, significant gaps in the legislation, ambiguous and controversial law enforcement practice indicate the need for maximum detail of the legal phenomena analyzed in the designated area.
Keywords: agreement, smart contract, digital rights, electronic form of transaction, obligation, civil turnover.
Bibliographic list of articles
1. Zainutdinova E. V. Smart contract in civil law: dis. …cand. legal Sciences: 12.00.03. – Krasnoyarsk: SFU, 2022.
2. Vashkevich A. M. Smart contracts: what, why and how. – M.: Simpler, 2018.
3. Lukoyanov N.V. Legal tech: smart contracts through the prism of modern private law // Legal research. – 2018. – No. 7. – P. 56-63.
4. Yankovsky R. M. Problems of legal regulation of decentralized systems using the example of blockchain and smart contract // State Service. – 2018. – T. 20. No. 2. – P. 64-68.
CIVIL LAW
MASHKOVA Alexandra Dmitrievna
assistant of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
NIKOLAENKO Elizaveta Dmitrievna
assistant of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
TAGANTSEVA Valentina Sergeevna
assistant of Civil law and process sub-faculty of the Institute of Law of the North Caucasus Federal University, Stavropol
DIGITAL RUBLE: FEATURES OF THEORETICAL UNDERSTANDING AS A DIGITAL FORM OF THE RUSSIAN NATIONAL CURRENCY AND DETERMINING ITS PLACE IN THE SYSTEM OF OBJECTS OF CIVIL RIGHTS
Digitalization has a significant impact on all aspects of human life, including the financial system of the state. One of the key areas of digitalization at present is the introduction of digital currencies. The relevance of this study is determined by the fact that digital currencies have been outside the legal framework of the Russian Federation for a long time, but the possibility of their introduction into the country’s financial system opens up new opportunities for the state and citizens. In the Russian Federation, the introduction of the digital ruble into circulation was accompanied by public discussions and the development of various concepts by the Central Bank of the Russian Federation, which formed the basis of the adopted amendments, which, unfortunately, did not resolve all the controversial issues.
Materials and methods. The scientific article is based on the analysis of doctrinal approaches and a number of normative legal acts, first of all, the amendments to the Civil Code of the Russian Federation concerning the consolidation of the digital ruble as objects of civil rights and their correlation with the norms of the Law on Digital Financial Assets are under investigation. The present study is interdisciplinary in nature, since the uncertainty of the legal nature and essence of the digital ruble determines its study through the prism of private and public law.
Analysis. The analysis carried out in the article indicates insufficient theoretical elaboration of the introduction of the digital ruble into civil circulation, the presence of gaps in legislation and contradictions between the norms regulating similar legal relations.
Results. Currently, despite the fact that amendments have been made to the Civil Code of the Russian Federation that have fixed the digital ruble as one of the objects of civil rights, the issues of its relationship with digital rights, as well as the place of the digital ruble in the legislation on digital financial assets, are still debateable. In order to resolve these problems, it is necessary to bring the rules on digital rights, digital financial assets and the digital ruble to consistency, defining the boundaries of these concepts within the framework of civil and financial legislation.
Keywords: digitalization, digital ruble, money, digital rights, digital financial assets, non-cash funds, objects of civil rights.
Bibliographic list of articles
1. Babushkina A.V. Legal regulation of the monetary system of the Russian Federation // Materials of the international (correspondence) scientific-practical conference. – 2016. – P. 68.
2. Vasilevskaya L. Yu. Digital ruble: a civil expert’s view of the problem // Lex Russica. – 2023. – No. 1. – P. 10.
3. Gabov A. V. Digital ruble of the central bank as an object of civil rights // Current problems of Russian law. – 2021. – No. 4 (125). – P. 60.
4. Zakirov R. Yu., Kulmyakov N. S. Digital rights as objects of civil rights // Legal Bulletin of the Dagestan State University. – 2022. – No. 4. – P. 80.
5. Saadulaeva T. A., Shlyakhtina I. A. Digital ruble as a mechanism for ensuring the financial security of the state // Economics and business: theory and practice. – 2022. – No. 6-2. – P. 136.
6. Smirnov D. A., Pervyshov E. A. On the concept of digital financial assets in the context of modern realities: financial and legal aspects // Humanitarian and legal studies. – 2022. – No. 4. – P. 639.
CIVIL LAW
SEFIKURBANOVA Radmila Mallakurbanovna
magister student of the 2nd course of the Institute of Law of the Dagestan State University, Makhachkala
GAYBATOVA Kurum Davudovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE PROBLEM OF PROTECTING THE RIGHTS OF “CITIZEN INVESTORS” IN THE BANKRUPTCY OF DEVELOPERS
The article examines the problem of insecurity of the rights of participants in shared-equity construction – “citizen investors” who, in the conditions of bankruptcy of the developer cannot get satisfaction of their claims in the same queue with “citizen consumers” . The criteria for determining the investment goals of participants in shared-equity construction are not clearly defined in legislation and in judicial practice. The article concludes that the protection of citizens’ rights should be the same, regardless of the purpose of their participation in shared-equity construction relations, until the legislator develops specific rules on the current problem.
Keywords: shared-equity construction, participant in shared-equity construction, citizen investors, bankruptcy, developer, investment goals, register of requirements of construction participants.
Bibliographic list of articles
1. Savina E. S. Parties to the agreement for participation in shared construction // Goals and ways of sustainable economic development: Collection of scientific articles based on the materials of the VII International Scientific and Practical Conference. – Ufa, 2022. – pp. 31-35.
2. Obukhova A. V. Limits of protection of the rights of a participant in shared construction as an investor // Bulletin of Science. – 2022. – No. 12. – P. 180-184.
3. Molodyko K. Yu., Travin G. D. Frontiers of consumer recognition of a retail investor // Law. – 2023. – T. 2. No. 10 (67). – pp. 84-94.
CIVIL LAW
STOROZHEVA Anna Nikolaevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
DADAYAN Elena Vladimirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
CURRENT ASPECTS OF INVALIDATION OF THE TRANSACTION IN THE CASE OF THE DIVISION OF JOINTLY ACQUIRED PROPERTY OF SPOUSES
The issues of dividing jointly acquired property are quite relevant and difficult at the present time. The complexity of this procedure lies in the fact that spouses (former spouses) often cannot choose civilized and equal methods of such division. Misunderstanding or unwillingness to accept the equal division of assets and liabilities belonging to spouses leads to litigation. The judicial procedure for considering disputes regarding the division of jointly acquired property often affects the interests of third parties, namely, bona fide purchasers of property that was jointly owned by the spouses at the time of its alienation. In this article we will focus on the protection of bona fide purchasers who entered into a transaction to acquire real estate without the consent of one of the spouses.
Keywords: spouses, joint property, division of jointly acquired property, bona fide purchaser, real estate.
Bibliographic list of articles
1. Dadayan E. V., Storozheva A. N. Conscientious ownership of a land plot as one of the conditions for recognition of ownership of a land plot due to acquisitive prescription // Current problems of private law and public law relations in the field of rational use and environmental protection environment. Materials of the regional (interuniversity) scientific and practical conference. – Krasnoyarsk, 2023. – pp. 58-61.
CIVIL LAW
CHERDAKOVA Larisa Anatoljevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the East Siberian branch of the Russian State University of Justice, Irkutsk
PROTECTION OF NON-PROPERTY RIGHTS OF CITIZENS IN THE CONTEXT OF ANALYZING THE POSITION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION
The author analyzes the position of the Supreme Court of the Russian Federation on compensation for moral damage. It is concluded that compensation for suffering can be demanded regardless of the duration of their suffering and it is proposed to supplement the list of methods of protecting civil rights with non-material forms of compensation for moral damage in the event of such harm being caused to a citizen, giving him the choice of determining the method of monetary or non-monetary compensation, refuting those who discredit him honor, dignity or business reputation of the information, as well as the rehabilitation of the citizen. The author has established that moral damage itself is intangible, and damage is caused to a legally protected personal non-property (property right) benefit, which is absolute in nature. Compensation for moral damage itself is considered as a way of protecting the non-property rights of citizens, is provided for by law and is of a property nature, but the amounts to be paid cannot be considered the material equivalent of the physical and moral suffering of a citizen.
Keywords: compensation, non-property rights, moral harm, physical and moral suffering, judicial practice, protection of citizens’ rights.
Bibliographic list of articles
1. Ruling of the Supreme Court of the Russian Federation of October 11, 2021 No. 5-KG21-94-K2 // Garant. [Electronic resource]: legal reference system
2. Ruling of the Supreme Court of the Russian Federation of September 18, 2023 No. 18-KG23-119-K4 // Garant. [Electronic resource]: legal reference system
3. On the practice of courts’ application of norms on compensation for moral damage: Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 15, 2022 No. 33 // Garant. [Electronic resource]: legal reference system
4. Shevchuk E. P. On the issue of distribution of presumptions in obligations for compensation of harm in the Russian Federation // Law and Law. – 2023. – No. 12. – P. 154-157
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
PATIENT’S RIGHTS UNDER A CONTRACT FOR THE REIMBURSABLE PROVISION OF MEDICAL SERVICES IN A PLASTIC SURGERY CLINIC
In Russia, legal guarantees for patients have been formed over a long period of time and are now integrated into the system of social relations in the context of the provision of medical services. The fundamental regulatory documents defining patients’ rights are the Federal Law “On the Fundamentals of Public Health Protection in the Russian Federation” of 11/21/2011 No. 323-FZ, as well as other legislative and subordinate regulations, including elements of civil law. In the era of active progress in the medical sphere, the role of legal norms in the context of medical care is increasing. Accordingly, the relevance of this study is due to the urgent need for a detailed and comprehensive analysis of the legal aspects of activities in the field of plastic surgery with a focus on the protection of patients’ interests, where the concretized relations between the medical institution and the patient cause the need for precise legal regulation.
Keywords: patient rights, contract for the provision of paid services, plastic surgery, medical ethics, confidentiality, information agreement, legal responsibility, quality of medical services, compensation, judicial practice.
References
1. Galkin A. Yu. Sushchestvennye usloviya dogovora na okazanie platnyh medicinskih uslug // Al’manah sovremennoj nauki i obrazovaniya. 2014. No. 2 (81).
2. ZHamkova O. E. Pravovoe regulirovanie okazaniya medicinskih uslug po zakonodatel’stvu Rossijskoj Federacii: Dis. … kand. jurid. nauk. M., 2007.
3. Zvezdina Yu. A. Grazhdansko-pravovaya otvetstvennost’ za prichinenie vreda pri okazanii medicinskih uslug: Avtoref. dis. … kand. jurid. nauk. SPb., 2001.
4. Kovalevskij M. A. Pravovye problemy okazaniya platnoj medicinskoj pomoshchi // Kodeks-SHo. 2002. No. 9.
5. Salygina E. S. Dogovornoe regulirovanie otnoshenij v sfere okazaniya vozmezdnyh medicinskih uslug. Ekaterinburg, 2016.
6. Sirotkina A. A. Dogovor okazaniya medicinskih uslug. M.: Statut, 2004.
7. Sokolova N. A. Problemy primeneniya mekhanizma zashchity prav potrebitelej pri okazanii medicinskih uslug v sisteme obyazatel’nogo medicinskogo insurance // Vestnik Omskoj yuridicheskoj akademii. 2013. No. 1 (20).
8. Tihomirov A. V. Medicinskaya pomoshch’ vne predelov medicinskoj uslugi // Glavnyj vrach: hozyajstvo i pravo. 2005. No. 1.
9. Tihomirov A. V. Problemy pravovoj kvalifikacii vreda zdorov’yu pri okazanii medicinskih uslug: Avtoref. dis. … kand. jurid. nauk. M., 2008.
10. SHablova E. G. Grazhdansko-pravovoe regulirovanie otnoshenij vozmezdnogo okazaniya uslug: Avtoref. dis. … d-ra yurid. nauk Ekaterinburg. 2002.
11. SHevchuk E. P. Elementy obyazatel’stva po vozmeshcheniyu vreda, prichinennogo zdorov’yu pri okazanii medicinskih uslug // Sibirskij yuridicheskij vestnik. 2015. No. 4 (71).
12. SHepeleva D. A. Harakteristika nedostatka predostavleniya po dogovoru vozmezdnogo okazaniya medicinskih uslug // Servis v Rossii i za rubezhom. 2012. No. 11.
CIVIL LAW
KRIVITSKAYA Yuliya Stanislavovna
assistant of Theory and history of state and law sub-faculty, postgraduate student of Civil law sub-faculty of the Rostov State University of Economics (RINE)
INTELLECTUAL PROPERTY RIGHTS IN MODERN RUSSIA
The category of “intellectual property rights” is quite new and complex for Russian law, despite the fact that the definition itself is actively used. The article examines the concept and essence of intellectual property rights in Russia. The relevance of analytical work in relation to the rules of regulation and regulation of intellectual property rights, which is one of the needs of modern man, is determined. Some problems present in modern Russia are highlighted and ways to improve civil legislation in this area are proposed. The results of the study can be very useful for legal practice.
Keywords: intellectual property rights, authorship, copyright, civil legislation, law, society, civil society, intellectual works, ways to protect rights.
Bibliographic list of articles
1. Vorobyova S. B., Khrenova L. A., Lyashko V. G. Modern problems of protecting intellectual property rights in Russia // Bulletin of the Tula Branch of the Financial University. – 2023. – No. 1. – P. 414-416.
2. Dolotov R. O. The mechanism of criminal legal regulation in the sphere of criminal attacks onIntellectual property projects: abstract of thesis. … candidate of legal sciences. – Saratov, 2019.
3. Logozinskaya A. M., Kovalenko E. V. Problems of protecting intellectual property rights in modern Russia // Theoretical and practical aspects of scientific research. – 2019. – pp. 376-379.
4. Tereshchenko B. L. Prevention of crimes encroaching on intellectual property: dissertation. …cand. legal Sci. – M., 2020.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the regional bar association, branch of the Law Firm “Pelevin and Partners”
THE OBLIGATIONS OF THE PATIENT UNDER THE CONTRACT FOR THE PROVISION OF PAID MEDICAL SERVICES IN THE PLASTIC SURGERY CLINIC
The article describes the contract for the provision of paid services – its content, subject, its main elements. The content of the client’s obligations under the contract for the provision of plastic surgery services is under investigation. It was revealed that the specifics of the contract under study is the client’s obligation to inform the contractor and the attending physician about the transferred or existing diseases. Another feature of the contract under study is the client’s obligation to certify in writing his voluntary consent to medical intervention. It is suggested that it is more reasonable to obtain consent from the client at the time of registration at the clinic, when the risks and benefits of plastic surgery are explained by the doctor. It is noted that causing harm to health during plastic surgery not on the instructions of a doctor will not be an insured event, and it will not be possible to claim compensation.
Keywords: plastic surgery, contract, services, operation, client, patient, clinic, consent.
Bibliographic list of articles
1. Golovin E. P. Medical service as the subject of an agreement for the provision of paid medical services // Current problems of jurisprudence. 2016. No. 1. P. 20-24.
List of literature
1. Golovin E. P. Medical service as the subject of the contract of rendering paid medical services // Actual problems of jurisprudence. 2016. No. 1. Pp. 20-24.
CIVIL LAW
WANG LU
postgraduate student of the Patrice Lumumba People’s Friendship University of Russia
FEATURES OF STATE PROTECTION OF CHILDREN LEFT WITHOUT PARENTAL CARE IN CHINA
The issues of protection of children left without parental care are very relevant in many countries of the world, and the People’s Republic of China is no exception. This is due to the fact that children left without parental care are the most vulnerable group of the population.
The People’s Republic of China is one of the few States with a developed legal system where children’s rights are severely restricted. Children in China cannot leave home unaccompanied by adults, they are not allowed to work in certain positions, children are thus forbidden to have their own bank accounts and are not allowed to go to school without the presence of an adult. Despite the fact that the People’s Republic of China is considered to be a State that does not take care of children and a State where children are objects of slave labor, in fact, the People’s Republic of China implements a relatively modern approach to the normative legal regulation of children’s rights and State protection of children left without parental care.
At the same time, children left without parental care in the People’s Republic of China are subjects and direct benefit of guardianship duties, which, in turn, is not only the responsibility of the state, but also a direct legally established obligation of Chinese society. This means that the protection of children and the care of children in the People’s Republic of China should be provided not only by the family or relatives, but by the State, whose actions in relation to children are clearly outlined by the legal framework.
Keywords: child protection, guardianship, state protection, children’s rights, civil affairs departments.
Bibliographic list of articles
1. Grishchenko Z. D. Legal position of the Chinese People’s Republic in the field of protecting the rights of the child // Ocean Management. – 2024. – No. 1. – P. 69-72.
2. Ovsyannikova T. A., Firsova I. A. Basic elements of the justice system for minors in China // MNIZH. – 2021. – No. 10-2 (112). – pp. 176-178.
3. Fisher K. R., Cortis N., Shang X., Blaxland M. Chinese and Australian Neoliberal Policy Responses to Risks in Social Service Purchasing // Social Policy and Society. – 2023. – Рp. 1-16.
4. Shang X., Katz I. Awareness of Child Maltreatment among Professionals in Shanghai // Asian Social Work and Policy Review. – 2015. – No. 9. – Рp. 245-256. – [Electronic resource]. – Access mode: http://dx.doi.org/10.1111/aswp.12062.
5. China’s Family Education Promotion Law. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (date of access: 02/07/2024).
6. China’s Law on the Protection of Minors. – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/family-education-promotion-law-of-china-20211023/chn (date of access: 02/07/2024).
7. Chinese Civil Code: Book V Marriage and Family (2020). – [Electronic resource]. – Access mode: https://ru.chinajusticeobserver.com/law/x/civil-code-of-china-part-v-marriage-and-family-20200528?ysclid=lsc08tcbmj387662544 (date of access: 02/07/2024 ).
8. Law of the People’s Republic of China on the Prevention of Juvenile Delinquency of 2021. – [Electronic resource]. – Access mode: https://www.chinalawtranslate.com/en/juvenile-delinquency-law-2021/ (date of access: 02/07/2024).
9. 两高两部的依法处理监护人侵害未成年人权益行为的意见. – [Electronic resource]. – Access mode: https://www.chinalawtranslate.com/guardianship/ (date of access: 02/07/2024).
10. [Electronic resource]. – Access mode: https://www.court.gov.cn/fabu-xiangqing-348601.html (date of access: 02/07/2024).
CIVIL LAW
DYUZHENKOV Nikolay Andreevich
postgraduate student of Civil law and process and international private law sub-faculty of the Patrice Lumumba Peoples’ Friendship University of Russia
ABOUT THE PROBLEMS OF FORECLOSURE OF THE ONLY RESIDENTIAL PROPERTY IN THE CONTEXT OF A PERSONAL BANKRUPTCY
The article discusses changes in legislation and law enforcement practices in relation to restricting the rights of creditors to prevent on a debtor’s sole residential premises during a bankruptcy case. Current judicial practices regarding the approval of local restructuring plans and settlement agreements within the framework of bankruptcy cases involving citizens are analyzed. Some measures are suggested to improve the process of approving local restructuring plans and settlement agreements, as well as aligning it with the norms of bankruptcy legislation.
Keywords: bankruptcy, insolvency, collateral, single dwelling, executive immunity, settlement agreement, restructuring plan.
Bibliographic list of articles
1. Avtonova E. D., Gvozdeva S. V., Karapetov A. G., Romanova O. I., Sbitnev Yu. V., Trofimov S. V., Fetisova E. M. Review of the legal positions of the Supreme Court of the Russian Federation on private law issues for June 2023 // Bulletin of Economic Justice of the Russian Federation. – 2023. – No. 8. – P. 26.
2. Saifullin R.I. The concept of universal protection of the constitutional right of citizens to housing: a systemic view of the problem through the prism of bankruptcy. Commentary on the Determination of the Judicial Collegium on Economic Disputes of the Supreme Court of the Russian Federation dated August 22, 2022 No. 305-ES22-7163 // Bulletin of Economic Justice of the Russian Federation. – 2022. – No. 12. – P. 8.
3. Bocharnikova K.V. On the broad interpretation of conditions excluding foreclosure on the subject of pledge // Economy and Law. – 2022. – No. 1. – P. 29.
4. Savelyev D. B. Property immunity for a citizen’s only residential premises: ensuring a balance of rights of creditors and debtors // Journal of Russian Law. – 2014. – No. 11. – P. 75.
5. Martasov D. They will not be able to take away their only housing from bankrupt mortgage borrowers // Housing Law. – 2023. – No. 8. – P. 34.
CIVIL LAW
KRITSKIY Artem Dmitrievich
magister student of the Southern Federal University, Rostov-on-Don, junior associate law firm “Grata International”
BOGATYREV Ivan Romanovich
magister student of the Southern Federal University, Rostov-on-Don
ACCOUNT INHERITANCE IN SOCIAL NETWORKS AND COMPUTER GAMES
This work is devoted to the consideration of the possibility of inheritance of accounts in social networks and computer games. The paper will consider two main approaches to the legal nature of the account: as an object of intellectual property law and as a set of rights from the user agreement. The study also analyzes the approaches to inheritance that are offered in the user agreements of the most popular social networks and computer games. Separately, the possibility of inheriting an account by will and individual problems associated with it are analyzed. The purpose of the work is to determine the order of inheritance of accounts in social networks and computer games. Inheritance of accounts is possible in the part in which the account consists of property rights, and in the part in which it consists of personal non-property rights, inheritance does not occur.
Keywords: account, inheritance, will, social network, computer games, intellectual property, complex object, composite work.
Bibliographic list of articles
1. Vasilyeva A. A. Transformation of law in the digital era: monograph // Altai State University. Barnaul, 2020. 432 pp.
2. Gushchin V.V., Dobrovinskaya A.V. User agreement on the Internet // Bulletin of the Academy of Intellectual Property. 2021. No. 3. P. 90-98.
3. Kotenko E. S. Multimedia product as an object of copyright: abstract. dis. …cand. legal Sciences / Moscow State Law Academy named after. O. E. Kutafina. M., 2012. 26 p.
4. Kirsanova E. E. Account as an object of civil rights // Bulletin of Arbitration Practice. 2020. No. 2. P. 44-48.
5. Panarina M. M. Inheritance of an account in social networks and issues of digital inheritance: legal research // Inheritance law. 2018. No. 3. P. 27-28.
6. Shagalova E. N. The newest explanatory dictionary of the Russian language of the 21st century: approx. 1,500 words // AST. Moscow. 2011. 768 p.
7. Kirillova E. A., Pavlyuk A. V., Blinkov O. E., Blinkova E. V., Sidorenko E. L. Digital Inheritance of Social Media Accounts // International Journal of Engineering and Advanced Technology (IJEAT) ISSN: 2249 – 8958. – Volume-8 Issue-4. 2019. P. 963-967.
CIVIL LAW
SELIMOVA Elizaveta Ramidinovna
magister student of the 2nd year of study full-time education of the Training profile: “Problems of civil and arbitration procedural law” of Civil process sub-faculty of the Dagestan State University, Makhachkala
ACTUAL PROBLEMS OF THE LEGAL STATUS OF PERSONS INVOLVED IN THE CASE IN CIVIL AND ARBITRATION PROCEEDINGS
This article examines one of the main issues of the civil procedure, the legal status of the participants in the trial. The issues of the concept of persons involved in the case and their legal status were raised. A comparative description of the participants in the judicial process in various civil law processes is given, and possible changes that can be made to the Civil Procedure Code and the Arbitration Procedure Code are proposed. The purpose of the work: to identify existing problems of the legal status of participants in civil and arbitration proceedings; to find out what problems exist in the Law on Civil and Arbitration Proceedings.
Keywords: legal status, persons involved in the case, parties, third parties, recoverer, debtor, judicial representative.
Bibliographic list of articles
1. Artebyakina N. A. Theoretical and practical problems of the institution of persons involved in the case: dis. …cand. legal Sci. – Saratov, 2020. – P. 182.
2. Diordieva O. N. Civil procedural law. – M.: Publishing house. EAOI Center, 2018. – P. 284.
3. Opalich E. V. Problems of specifying the status of individual participants in civil procedural legal relations // Arbitration and civil process. – 2020. – No. 6. – pp. 11-14.
4. Afanasyev S. A., Baulin O. V., Luktyanova I. N., etc. Course of evidence law: Civil process. Arbitration process. Administrative proceedings / Ed. M. A. Fokina. 2nd ed., revised. and additional – M.: Statute, 2019. – P. 142.
5. Dedyueva M.V. Controversial issues of judicial practice of consideration by the appellate instance of civil cases according to the rules of proceedings in the court of first instance // Russian Judge. – 2019. – No. 6. – P. 27.
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, professor of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice, professor of Civil process sub-faculty of the Saratov State Law Academy
KOLOBYNINA Ekaterina Alexeevna
student of the Faculty of Training Specialists for the Judicial System of the Faculty of Law of the Kazan branch of the Russian State University of Justice
THE USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN CONTRACT PRODUCTION AS THE FIRST STAGE OF ITS IMPLEMENTATION IN THE CIVIL PROCESS
In the article, the authors analyze the problem of the introduction of artificial intelligence into the civil process. The positive and negative aspects of the phenomenon under study are investigated. The assessment is given to the fact that the introduction of information technologies, despite widespread digitalization, is carried out in the judicial system at an insufficiently rapid pace, because outdated technologies are often used in court proceedings, which complicate the process of protecting and restoring violated rights, which negatively affects the attitude of citizens to the court. However,despite this, many prominent government figures are in no hurry to support the active digitalization of judicial activity. It is worth noting that among legal scholars and legal practitioners, there are also quite a few opponents of the introduction of artificial intelligence into legal proceedings. This scientific article examines the causes of such resistance, and the authors attempt to show the best way to solve this problem.
Keywords: court, judge, artificial intelligence, writ proceedings, information technology, justices of the peace.
Bibliographic list of articles
1. Bugaevsky A. A. Civil process in its movement with the application of typical cases. – Moscow: Yurayt Publishing House, 2023. – P. 96.
2. Lebedev M. Yu. Civil process: a textbook for universities. — 13th ed., revised. and additional – Moscow: Yurayt Publishing House, 2024. – 438 p.
CIVIL PROCEDURE
TRUNOV Igor Leonidovich
Ph.D. in economic sciences, Ph.D. in Law, professor, Academician of the Russian Academy of Natural Sciences, President of the Union of Lawyers of Russia
DOES THE CURRENT FORM OF PROPERTY SEIZURE COUNTERACT CORRUPTION?
As a result of the accession and implementation of the UN Convention against Corruption of October 31, 2003, a norm appeared providing for a form of liability for violation of anti-corruption legislation in the form of conversion of property to state income ( clause 8, clause 2, Article 235 of the Civil Code of the Russian Federation).
In connection with Article 17 of Federal Law No. 230 “On control over the compliance of expenses of persons holding Public Positions and other persons with their incomes”, it has an anti-corruption purpose and is subject to application in a special procedure of claim proceedings.
The prosecutor received the right to appeal to the court on the basis of paragraph 2 of Article 235 of the Civil Code of the Russian Federation – paragraph 8 with a statement of claim for applying to the income of the Russian Federation property in respect of which, in accordance with the legislation of the Russian Federation on combating corruption, evidence of its acquisition for legitimate income by a court decision is not provided.
Civil lawsuits against individuals and legal entities are multiplying, the result of which is the conversion of property acquired decades ago into state income. The statute of limitations does not apply.
Income received by officials from prohibited business activities, or property hidden from declaration, are qualified as subject to seizure, although this does not follow from the law. The pledge of the seized property is terminated, although there are also no grounds for this in the law.
The article analyzes aspects of the application of the law. In addition, the author proves that challenging an official’s transactions to invalidate them does not follow from the law and does not meet the goals and objectives of anti-corruption legislation.
Keywords: United Nations Convention against Corruption, Federal Law No. 230 “On Control over the Compliance of Expenses of Persons holding Public Office and Other Persons with their Incomes”, officials, Prosecutor General’s Office, confiscation, corruption, invalidity of transactions, termination of collateral, limitation period.
Bibliographic list of articles
1. Resolution of the Constitutional Court of the Russian Federation dated July 4, 2022 No. 22-P.
2. Milchakova O. V. Standards for proving the fact of illegal establishment of control of a foreign investor over a strategic economic company // Russian Competition Law and Economics. 2023. No. 2.
3. [Electronic resource]. – Access mode: Review of judicial practice in cases based on applications from prosecutors regarding the conversion into the income of the Russian Federation of property in respect of which, in accordance with anti-corruption legislation, evidence of its acquisition with legal income, approved by the Presidium of the Supreme Court of the Russian Federation on June 30, 2017, has not been presented.
4. [Electronic resource]. – Access mode: https://legal.report/zakon-ili-proizvol-genprokuratura-zabiraet-zemli-u-sobstvennikov-na-chernomorskom-poberezhe/
5. New News. “Worse than in the 90s. In Sochi, courts continue to confiscate plots of houses from owners.” [Electronic resource]. – Access mode: https://newizv.ru/news/2023-02-28/huzhe-chem-v-90-ye-v-sochi-sudy-prodolzhayut-izymat-u-sobstvennikov-uchastki-s-domami- 398978.
6. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/%D0%9F%D1%80%D0%B8%D0%B2%D0%B0%D1%82%D0%B8%D0%B7%D0 %B0%D1%86%D0%B8%D1%8F_%D0%B2_%D0%A0%D0%BE%D1%81%D1%81%D0%B8%D0%B8.
7. See: [Electronic resource]. – Access mode: https://www.pravda.ru/news/realty/1938156-deprivatizacia/.
8. More details on RBC: [Electronic resource]. – DOS modestupid: https://www.rbc.ru/economics/12/09/2023/65003a0e9a7947552625175b?from=copy.
9. More details on RBC: [Electronic resource]. – Access mode: https://www.rbc.ru/economics/12/09/2023/65003a0e9a7947552625175b?from=copy.
10. Forbes from 11.09. 2023 Forbs – The head of the Ministry of Economic Development called the review of the results of privatization “a path to nowhere.” [Electronic resource]. – Access mode: https://www.forbes.ru/biznes/496235-glava-minekonomrazvitia-nazval-peresmotr-itogov-privatizacii-putem-v-nikuda.
11. President of Russia. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/news/72259.
12. Determination of the Constitutional Court of the Russian Federation of November 25, 2020 No. 2852-0.
13. See: Resolutions of the Constitutional Court of the Russian Federation dated June 22, 2010 No. 14-P, dated July 13, 2010 No. 16-P, etc.
14. See: Resolutions of the Constitutional Court of the Russian Federation dated July 16, 2008 No. 9-P, dated May 14, 2012 No. 11-P; Determination of the Constitutional Court of the Russian Federation dated May 14, 2015 No. 1127-0, etc.
15. See: Decision of the Sovetsky District Court of Vladivostok dated 03/06/2020 in case No. 2-292/2020.
16. See: Determination of the Constitutional Court of the Russian Federation dated December 19, 2019 No. 3559-0.
17. See: Definitions of the Constitutional Court of the Russian Federation dated April 8, 2010 No. 456-0-0, dated November 21, 2013 No. 1756-0, dated March 20, 2014 No. 534-0, dated March 29, 2016 No. 516-0, dated September 29, 2016 No. 2071-0, dated October 25, 2016 No. 2309-0, etc.
18. Joint resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22 p. 57.
19. “Agrostopping” Kommersant 08/02/23. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/6147979.
20. See: Decision of the Labinsky City Court of the Krasnodar Territory dated October 23, 2023 No. 2-987/2023.
21. See: Determination of the Constitutional Court of the Russian Federation of June 6, 2017 No. 1163-O.
22. Decision of the Nizhny Novgorod District Court of Nizhny Novgorod dated November 25, 2019 No. 2-9507/2019.
23. See: Consultant Plus Article: Sklovsky K.I. Application of legislation on the conversion into state income of property received as a result of violation of anti-corruption legislation // Bulletin of Economic Justice of the Russian Federation. 2021. No. 11.
24. See: Website, system for supporting legislative activities. [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/726111-6.
25. See: Arbitration Court of St. Petersburg and Leningrad Region Case dated September 15, 2023 No. A56-74979/2023.
26. See: Rossiyskaya Gazeta dated 04/26/2022. [Electronic resource]. – Access mode: https://rg.ru/2022/04/26/krasnov-vozmeshchenie-ushcherba-ot-korrupcii-vpervye-prevysilo-sam-ushcherb.html.
27. Kommersant from 09.12.2023 “Oreshkin criticized the transfer of private assets in the regions under the management of officials from Moscow.”
CIVIL PROCEDURE
ARSLANKHANOVA Aminat Irbaihanovna
magister student of the 2nd year of the full-time study, training profile: “Problems of civil and arbitration procedural law” of Civil process sub-faculty of the Dagestan State University, Makhachkala
GROUNDS FOR REVOCATION OR AMENDMENT OF THE DECISION (RULING) OF THE COURT OF FIRST INSTANCE
The article is devoted to the grounds for the cancellation of court decisions in the appellate instance. The relevance of the research topic is due to the fact that the institution of grounds for the cancellation of judicial acts is poorly developed in the doctrine of the civil process, although it is of very important practical importance for the protection of human and civil rights and freedoms. In this regard, in order to increase knowledge about the grounds for the cancellation of judicial acts in the appellate instance, as well as to improve law enforcement practice.
Keywords: civil law relations, civil procedure, arbitration process, procedural law, court of appeal, appeal proceedings, complaint.
Bibliographic list of articles
1. Gnetova D.V., Trofimov, Ya.V. Comparative analysis of appeal proceedings in civil and arbitration processes // Legal fact. – 2019. – No. 79.
2. Deryabina A. S. Comparison of the institution of appeal proceedings in the arbitration and civil procedural codes // Questions of science and education. – 2018. – No. 15 (27).
3. Zhilka E. V. Comparison of appeal proceedings in civil and arbitration processes // Eurasian Union of Scientists. Series: Economic and legal sciences. – 2022. – No. 5 (98).
4. Terekhova L. A. The system of reviewing judicial acts in the mechanism of judicial protection. – Moscow: Wolters Kluwer, 2017. – P. 197.
5. Lebed K. A. Grounds for the abolition of illegal court decisions // Socio-political sciences. – 2020. – T. 10. No. 3. – P. 144.
CIVIL PROCEDURE
PESTOVA Kseniya Alexeevna
postgraduate student of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
THE HISTORY OF THE TRANSFORMATION OF THE PRINCIPLE OF PUBLICITY OF THE CIVIL PROCESS
In the study, the author examines the transformation of the principle of publicity over three periods of Russian history. As a result of the analysis, it was possible to identify trends of two kinds. On the one hand, over time, including taking into account the introduction of elements of electronic justice, the principle of publicity is subject to limitations and concretization. On the other hand, there are additional guarantees for the implementation of the principle of publicity of the process. The author comes to the conclusion that further research is necessary in order to ensure a reasonable balance between the protection of personal rights of citizens and compliance with the principle of publicity of civil proceedings.
Keywords: publicity, publicity of the process, principles of civil procedure, transformation of publicity, digitalization.
Bibliographic list of articles
1. Abrosimova E. B. Judicial power in the Russian Federation: system and principles. – Moscow: Institute of Law and Public. Politicians, 2002. – 144 pp.
2. Vaskovsky E.V. Course in civil procedure. Subjects and objects of the process, procedural relations and actions. – M.: Statute, 2016. – 624 p.
3. Gessen I.V. Judicial reform. – St. Petersburg: P. P. Gershunin’s publishing house, 1905. – 267 pp.
4. Goykhbarg A.G. Course of civil procedure. – Moscow, Leningrad: State. publishing house, 1928. – 320 pp.
5. Dzhanshiev G. A. Fundamentals of judicial reform: (To the 25th anniversary of the new court): Historical legal. sketches. – Moscow: type. M. P. Shchepkina, 1891. – 364 p.
6. Kazikhanova S.S. Web conference as a modern model of interaction between the court and participants in the process: shortcomings of legal regulation and prospects for use // Bulletin of the University. Kutafina (MSAL). – 2023. – No. 10. – P. 79-87.
7. Kleinman A.F. Civil process. – Moscow: Yurizdat, 1940. – 120 pp.
8. Magomedova K.K. The problem of transparency in civil procedural science and practice: dis. …cand. legal Sci. – Saratov, 2019. – 276 p.
9. Mikhailov M. M. History of the formation and development of the system of Russian civil proceedings before the Code of 1649: Works, written. to obtain a degree. master’s degree in citizenship. rights for correcting the position of adjunct prof., candidate. M. Mikhailov is right. – St. Petersburg type. K. Kraya, 1848. – 134 pp.
10. Nefediev E. A. Textbook of civil proceedings. – M., 1908.
11. Oks M.A. On publicity or openness of the court // Tr. Odessa legal islands – 1891. – T. 4. – P. 19-44.
12. Rusakova E. P., Zaitsev V. V. Digitalization through the principles of legal proceedings (in civil and arbitration proceedings) // Problems of economics and legal practice. – 2022. – T. 18. No. 4. – P. 105-109.
13. Totyev K. Yu. Public interest in legal doctrine and legislation // State and law. – 2002. – No. 9. – P. 19-25.
14. Chechina N. A. Selected works on civil procedure. – St. Petersburg: St. Petersburg Publishing House. University, 2021. – 656 p.
15. Engelman I. E. Course of Russian civil proceedings. – Yuryev: type. K. Matthiesen, 1912. – 632 pp.
CIVIL PROCEDURE
RYAZANTSEV Mikhail Yurjevich
postgraduate student of the Moscow University of Finance and Law
COMPATIBILITY OF ARBITRATION AGREEMENTS UNDER THE ICC ARBITRATION RULES
The article examines the approach of the Arbitration Rules of the International Chamber of Commerce (ICC) to the definition of compatible arbitration agreements. Compatibility of arbitration agreements determines the possibility of consideration of disputes from several contracts in one proceeding. Under the ICC Arbitration Rules, the compatibility of arbitration clauses is assessed by the ICC Court. Understanding which arbitration clauses are compatible can have a significant procedural impact on the case. The article will allow the parties to decide whether to initiate separate or consolidated arbitration proceedings.
Keywords: arbitration, consolidation, compatible arbitration agreements.
Bibliographic list of articles
1. Born GB, International Commercial Arbitration (3rd edn, Kluwer 2021).
2. International Chamber of Commerce, Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration Under the ICC Rules of Arbitration (2021).
3. Mazza F and others, The Secretariat’s Guide to ICC Arbitration (ICC, Paris 2012).
FAMILY LAW
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law, associate professor of International private and business law sub-faculty employee of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
TSAREVA Ekaterina Dmitrievna
magister student of the direction of training 40.04.01 “Jurisprudence”, focus of training “Legal support and business protection” of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
FEATURES OF CHALLENGING THE MARRIAGE CONTRACT OF THE SPOUSES IN THE BANKRUPTCY PROCEDURE
The article is devoted to the study of the institution of a marriage contract in the bankruptcy procedure of a citizen. One of the main issues explored in this article is the challenge of a prenuptial agreement as a transaction. Recognition of the agreement as invalid may lead to a change in its terms or complete cancellation. In bankruptcy proceedings, it is important to balance the interests of the debtor, creditors and third parties. By concluding a prenuptial agreement, the property rights of creditors can often be violated, since in most cases the debtor’s unscrupulous behavior can be traced. By studying court decisions, the authors came to the conclusion that in most cases contracts were concluded before the bankruptcy process can be challenged.
Keywords: division of property between spouses, the legal regime of property relations between spouses, agreement on the division of property of spouses, insolvency, contesting transactions, assets in the framework of the competitive process.
Bibliographic list of articles
1. Sheremetyeva N.V. On the issue of foreclosure on the property of spouses, the legal regime of which is established by the marriage contract, in bankruptcy disputes // Arbitration and civil process – 2023. – No. 1. – P. 44-48.
2. Kudryavtseva L. V., Tsareva E. D. Legal aspects of the sale of property of spouses during bankruptcy // Law and practice. – 2023. – No. 4. – P. 204-208.
3. Gusev A. O. On some issues of challenging marriage contracts in bankruptcy cases // Arbitration disputes – 2021. – No. 4. – P. 1-15.
FINANCIAL LAW
ANOKHIN Nikita Evgenjevich
postgraduate student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba People’s Friendship University of Russia
TO QUESTIONS ON THE LEGAL STATUS OF A FINANCIAL INTELLIGENCE UNIT
The article considers the problem of determining the legal status of the financial intelligence unit as one of the bodies in the system of state authorities. Special emphasis is placed on revealing the following aspects of the legal status: defining the role that the financial intelligence unit will play in implementing the protection of national security and forming a mechanism of financial monitoring in the field of AML/CFT/FPWMD based on this , as well as detailed classification of financial intelligence units by types and the influence of each type on the legal status.
Keywords: financial monitoring, financial monitoring system, AML/CFT/ FPWMD, financial intelligence unit, models of organization of state authorities, autonomy of state authorities.
Bibliographic list of articles
1.Financial IntelligenceUnits (Egmont Group). [Electronic resource]. – Access mode: https://egmontgroup.org/en/content/financial-intelligence-units-fius (access date: 12/21/2023).
2. Control in modern Russia: issues of theory and practice of legal regulation. – M.: Yurlitinform, 2013 – 312 p.
3. P. A. Schott, 2003, Reference Guide to Anti-Money Laundering and Combating the Financing of Terrorism (Washington: World Bank and International Monetary Fund). [Electronic resource]. – Access mode: https://openknowledge.worldbank.org/server/api/core/bitstreams/b135c8cf-9533-5612-bf7a-1ee82859525c/content (access date: 12/21/2023).
4. “Financial Information Processing Group” (CTIF) – Belgian Financial Intelligence Unit. [Electronic resource]. – Access mode: www.ctif-cfi.be (date of access: 12/21/2023).
5. Decree of the Government of the Russian Federation “On approval of the Regulations on the Federal Service for Financial Monitoring” dated June 23, 2004 (Repealed from September 25, 2012 on the basis of Decree of the Government of the Russian Federation dated September 11, 2012 No. 915). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901900961 (date of access: 10/21/2023).
6. Decree of the Government of the Russian Federation “On amendments to certain acts of the Government of the Russian Federation on the activities of the Federal Service for Financial Monitoring” dated October 27, 2007 (Repealed from September 25, 2012 on the basis of Decree of the Government of the Russian Federation dated September 11, 2012 No. 915). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/902068686 (access date: 12/21/2023).
7. 40 recommendations of the Financial Action Task Force (FATF). [Electronic resource]. – Access mode: https://docs.cntd.ru/document/901934985 (date of access: 12/21/23).
8. Act No. 61 Coll. of February 15, 1996, on Selected Measures against Legitimization of Proceeds from Criminal Activities and on the Amendment of Related Legislation, Article 7, paragraph (2) (Law No. 61 Code of February 15, 1996 on selected measures to prevent legalization of proceeds from crime activities and on introducing amendments and additions to the relevant legislative acts, Article 7, paragraph (2); Legislation of the Czech Republic. [Electronic resource]. – Access mode: https://www.vertic.org/media/National%20Legislation/Czech_Republic /CZ_Act_on_Measures_against_the_Legalisation_of_the_proceeds_of_crime.pdf (accessed 12/21/2023).
9. FinCEN Strategic Plan for the fiscal years 2003–2008. [Electronic resource]. – Access mode: https://www.hsdl.org/c/abstract/?docid=5303 (access date: 12/21/2023).
FINANCIAL LAW
FARIKOVA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty of the North Caucasian branch of the Russian State University of Justice, Krasnodar
FINANCIAL ACTIVITY AS A WAY TO REALIZE THE FINANCIAL-LEGAL STATUS OF SUBJECTS
The article discusses the theoretical and legal foundations of the financial activities of subjects of financial legal relations. The study analyzes the content, forms and specifics of financial activity based on its differentiation into public and private. The article substantiates the direct relationship between the financial and legal status of subjects of public relations, which is expressed in a set of rights, duties, powers, and the content and forms of their financial activities. Public financial activities carried out by the state and municipalities are represented by a more voluminous system of forms due to the presence of powers of the relevant subjects of legal relations. Private financial activity, as a rule, remains outside the scope of scientific interest in the framework of legal research. Meanwhile, the importance of private financial activity in a market economy, the development of entrepreneurship, and ensuring two-way communication between the state and the population is stated.
Keywords: financial law, tax law, financial system, financial activity, public financial activity, private financial activity, financial legal relations, financial-legal status.
Bibliographic list of articles
1. Execution of the federal budget and budgets of the budget system of the Russian Federation for 2022. – M.: Ministry of Finance of the Russian Federation, 2023. – P. 16.
2. Komarova L.V., Farikova E.A. The place of the institution of financial control in the system of Russian law // Eurasian Legal Journal. – 2022. – No. 2 (165). – P. 241.
3. Komarova L. V., Farikova E. A. Legal status of self-employed citizens as subjects of tax legal relations // Legal Bulletin of the Kuban State University. – 2023. – No. 2. – P. 35.
4. Sokolova E. D. O son the relationship of concepts: finance, financial system, financial activity // Selected works of scientific and pedagogical workers of the Department of Legal Regulation of Economic Activities of the Financial University under the Government of the Russian Federation: collection. scientific Art. – M.: Prometheus Publishing House, 2019. – P. 171.
5. Sokolova E. D. Theoretical aspects of legal regulation of financial activities of the state and municipalities: Author’s abstract. dis. … doc. legal Sci. – M., 2008. – P. 14.
6. Spitsyna V. A. Constitutional and legal foundations of financial activity of a constituent entity of the Russian Federation: on the example of the Astrakhan region: Author’s abstract. dis. …cand. legal Sci. – St. Petersburg, 2010. – P. 8.
7. Farikova E. A. Concept and legal forms of financial activity of the state // Eurasian Legal Journal. – 2023. – No. 5 (180). – P. 259.
8. Fedotushkina E. K. On the concept and essence of financial activity in the Russian Federation // Actual problems of law, economics and management: collection. scientific Art. – Saratov: Saratov Source, 2021. – P. 317.
FINANCIAL LAW
KHARIN Alexander Konstantinovich
postgraduate student of Financial law sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
ON THE LEGAL FACTORS HINDERING TO COUNTER HYBRID MISMATCH ARRANGEMENTS IN THE RUSSIAN FEDERATION
This article is devoted to the analysis of the main legal factors preventing the use of the institutions of the Tax Code of the Russian Federation to counter hybrid mismatch arrangements. The author proves the vulnerability of the Russian tax system to hybrid mismatch arrangements, the primary cause of which lies straightly in the legal approach of the Russian Federation to the boundaries of tax sovereignty and to the category of tax offence. The article also suggests possible ways of improving the Russian tax legislation that can significantly reduce the risk of intentional use of hybrid mismatch arrangements aimed at minimizing the tax burden.
Keywords: hybrid mismatch arrangements, hybrid structured arrangements, DTT, double taxation treaties, MLI, BEPS, international taxation, international tax law, SAAR, special anti-tax avoidance rules, single international taxation, tax offense.
Bibliographic list of articles
1. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 28, 2008 No. 6272/08 in case No. A40-77926/06 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
2. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 28, 2008 No. 6273/08 in case No. A40-2592/07 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
3. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 10, 2009 No. 9024/08 in case No. A40-5083/07 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
4. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 10, 2009 No. 9821/08 in case No. A40-40440/07 // ATP “ConsultantPlus” (date of appeal: 02.26.2024).
5. Decision of the Moscow Arbitration Court dated November 22, 2019 in case A40-118135/19. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card/97387c7a-98a6-4414-a251-d29929f1568a (date of access: 02.26.2024).
6. Tasalov K. A. Legal regulation of counteraction to avoidance of payment of income tax of organizations in the Russian Federation and the European Union: dis. …cand. legal Sciences: 5.1.2. M., 2022. 172 pp.
7. Zaripov V. M. The shine and poverty of symmetrical adjustment // Bulletin of the Financial University. 2012. No. 5. P. 125-127.
8. Zrelov A. Circumstances excluding the guilt of a person in committing a tax offense // Tax Bulletin. 2014. No. 6. P. 6-12.
9. Lipinsky D. A., Musatkina A. A. On the issue of the subjective side of tax offenses // Taxes and taxation. 2017. No. 2. P. 7-19.
TAX LAW
GURYANOV Alexey Vladimirovich
magister student of the Samara State University of Economics
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of the Samara State University of Economics
THE PROS AND CONS OF INTRODUCING DIGITAL TECHNOLOGIES INTO TAX LAW
The article examines the impact of digital technologies on tax law, this topic is becoming increasingly relevant in the context of globalization and digitalization. The author analyzes the positive and negative aspects of this influence, pointing to an increase in the efficiency of tax systems and a decrease in corruption due to the automation of processes. However, the use of digital technologies also causes problems related to data security and confidentiality, the need to adapt legislation and unequal access to technology. An important challenge is also the risk of abuse of technology by tax authorities, which requires a balance between the interests of the state and the rights of cityzens.
Keywords: digitalization, globalization, tax law, digital technologies, electronic transactions, artificial intelligence, big data, document management, data security.
Bibliographic list of articles
1. Mayburov I. A. Taxes in the digital economy. Theory and methodology: monograph for undergraduates. – M.: UNITY-DANA, 2019. – 279 pp.
2. Aliev B. Kh., Musaeva Kh. M. Taxes and the tax system of the Russian Federation: a textbook for university students studying in the field of “Economics”. – M.: UNITY-DANA, 2017. – 439 p. — ISBN 978-5-238-02491-2. — Text: electronic. [Electronic resource]. – Access mode: https://znanium.com/catalog/product/1028670 (date of access: 09/19/2020).
3. Albekov A.U., Vazarkhanov I.S., Kuznetsov N.G. Tax system: textbook. – M.: RIOR: INFRA-M, 2018. – 583 p. + Add. Materials. – [Electronic resource]. – Access mode: https://znanium.com/catalog/product/981404 (date of access: 09/19/2020).
4. Alenikov A. S., Mamonova I. V. Digitalization of processes in the field of taxation as a tool for improving the quality of functioning of the Russian tax system // Bulletin of the Academy of Knowledge. – 2019. – No. 34 (5). – pp. 312-315.
5. Chtchyan V.V., Chernousova K.S. Improving the taxation system in the context of digitalization // Economic Sciences. – pp. 159-162.
6. Program “Digital Economy of the Russian Federation” (Approved by order of the Government of the Russian Federation dated July 28, 2017 No. 1632-r. – [Electronic resource]. – Access mode: http://www. consultant.ru/cons/ (date access: 09/20/2020).
7. Paradeeva I. N., Kislova E. G. Development of digitalization of tax administration as an element of reforming the tax system of Russia // Bulletin of MGEI. -2019. – No. 4. – P. 125-130.
8. Digitalization of tax: international perspectives (2019 edition). – [Electronic resource]. – Access mode: https://www.icaew.com/-/media/corporate/files/technical/digital-tax.ashx?la=en.
9. State Taxation Administration of The People’s Republic of China. – [Electronic resource]. – Access mode: http://www.chinatax .gov.cn/eng/n2367721/c2390193/content.html.
10. Bubnova Yu. B., Bubnov V. A. Cryptocurrencies and their influence on the national tax system // Business. Education. Right. – 2018. – No. 4 (45). – pp. 40-45.
11. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 // SZ RF. – 2020. – No. 11.
12. Tax Code of the Russian Federation (Part One) dated July 31, 1998 No. 146-FZ (as amended on December 27, 2019) // Collection of Legislation of the Russian Federation. – No. 31.
13. Criminal Code of the Russian Federation: dated 06/13/1996 No. 63-FZ (as amended on 04/07/2020) // Collection of legislation of the Russian Federation. – 06/17/1996. – No. 25. – Art. 2954.
ENTREPRENEURIAL LAW
ARTSYTOV Nikolay Andreevich
master student of the National Research University of Information Technology, Mechanics and Optics (ITMO), St. Petersburg
ABRAMOV Kirill Dmitrievich
master student of the National Research University of Information Technology, Mechanics and Optics (ITMO), St. Petersburg
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
ESG AGENDA AS AN ACTUAL STRATEGY FOR THE DEVELOPMENT OF THE CORPORATE CULTURE OF THE ORGANIZATION
Global development trends continue to strengthen the influence of the public’s focus on the areas of environmental protection and careful use of resources. This direction is expressed in the ESG concept, which provides for environmental stabilization (E-factor, Environmental), social responsibility (S-factor, Social) and effective management (G-factor, Governance). Following this trend for large and medium-sized businesses today has moved from the category of a tribute to fashion into the category of necessity due to the introduction of international requirements for doing business, the provision of non-financial reporting, and the formation of appropriate ratings. The article discusses the possibilities of this agenda’s influence on the concept of the corporate culture of Russian business, the possibility of its influence on modern entrepreneurship, as well as the advantages of using this approach in the business environment.
Keywords: corporate culture, entrepreneurial activity, corporate culture development strategy, ESG agenda, business social responsibility.
Bibliographic list of articles
1. ICMA Harmonized Framework for Impact Reporting. [Electronic resource]. – Access mode: https://www.icmagroup.org/assets/documents/Sustainable-finance/2021-updates/Handbook-Harmonised-Framework-for-Impact-Reporting-June-2021-100621.pdf (access date: 12.01 .2024).
2. World Conservation Strategy: Living Resource Conservation for Sustainable Development. 1980. [Electronic resource]. – Access mode: https://portals.iucn.org/library/efiles/documents/wcs-004.pdf (access date: 01/12/2024).
3. Zhukova E. V. Main trends in the development of the ESG agenda: overview in Russia and in the world // Bulletin of the Russian Economic University named after G. V. Plekhanov. 2021. No. 6. P. 68-82.
4. ESG transformation as a vector of sustainable development: In three volumes. Volume 2 / Under general. ed. K. E. Turbina and I. Yu. Yurgens. M.: Aspect Press Publishing House, 2022. 650 pp.
5. ESG: three letters that change the world [Text]: talk. To the XXIII Yasinsk (April) international. scientific conf. on problems of economic and social development. M., 2022.
6. Odintsova T. M. Problematic aspects of strategizing sustainable development of regions in conditions of sanctions and restrictions // Bulletin of Vitebsk State Technological University. 2021. No. 1 (40). pp. 232-245.
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
ELECTRONIC DOCUMENT FLOW IN HIGH SCHOOL: LEGAL REGULATION
The article is devoted to consideration of issues related to electronic document management in higher educational institutions. The authors give a general description of electronic document management, after which they reveal the features of its use in the practice of universities. Particular attention is paid to practical and legal gaps associated with the actual use and regulatory regulation of the features and procedure for implementing electronic document management in universities. Taking into account the identified practical difficulties and legal problems within the framework of this issue, ways to resolve practical difficulties and directions for improving the current legislation taking into account existing legal gaps are proposed. It seems that the formulated conclusions and proposals can be used for scientific, law enforcement and legislative purposes.
Keywords: electronic document management, electronic document management system, universities, educational institutions, electronic signature, legal basis.
Bibliographic list of articles
1. Abdusalamov R. A. Legal regulation of the use of information technologies in the field of higher education in the Russian Federation // Bulletin of the University named after O. E. Kutafin (MSAL). – 2023. – No. 2 (102). – pp. 34-41. – DOI 10.17803/2311-5998.2023.102.2.034-041. – EDN DHCZJV.
2. Danilov O. E. On the problems of digital transformation of universities / O. E. Danilov // Current problems of science and education in the context of modern challenges: Collection of materials of the XIII International Scientific and Practical Conference, Moscow, August 15, 2022. – Moscow: Printing shop, 2022. – P. 89-93.
3. Izotova V. F. Formation of professional competence in the field of electronic governance technologies // Law, science, education: traditions and prospects: a collection of articles based on the materials of the International scientific and practical conference dedicated to the 85th anniversary of the Saratov State Law Academy (within the framework of the VII Saratov legal readings, Saratov, September 29-30, 2016) / ed. E. V. Vavilina. – Saratov: Publishing house of the Federal State Budgetary Educational Institution of Higher Education “Saratov State Law Academy”, 2016. – P. 177-178.
4. Kozlov E. Yu. The role of electronic document management in the educational process // STUDENTS RESEARCH FORUM 2022: collection of articles of the International Scientific and Practical Conference, Petrozavodsk, June 07, 2022. – Petrozavodsk, 2022. – P. 102-106.
5. Orlov S., Kristalny B. The role of the state in the development of the information society // Information resources of Russia. – 2018. – No. 2. – P. 6-11.
6. Chernov V. N., Chernova T. M. On the need to develop competencies in the use of electronic document management systems among students studying in areas of higher education – bachelor’s degree // Higher education for the 21st century: Digital transformation of society: new opportunities and new challenges: Reports and materials of the XVI International Scientific Conference – Moscow, 2020. – pp. 605-609.
LAND LAW
KARAKOV Vladislav Andreevich
master’s degree student of the Institute of State and Law of the Tyumen State University
MOROZ Narkiza Abrikovna
Ph.D. in philological sciences, associate professor, associate professor of the Center for Foreign Languages and Communication Technologies of the Tyumen State University
LEGALREGULATION OF REAL ESTATE AND CADASTRAL SYSTEMS IN THE RUSSIAN FEDERATION AND ABROAD: COMPARATIVE ANALYSIS
This work presents a comparative analysis of the legal regulation of real estate and cadastral systems in the Russian Federation and abroad. It examines current issues related to the organization and functioning of cadastral systems, as well as the legal aspects of ownership, use and circulation of real estate. Special attention is paid to both domestic regulations and international norms and standards governing this area.
Keywords: real estate, real property, land law, civil law, cadastral registration, comparative analysis, real estate law.
Bibliographic list of articles
1. Nosach S.S. Civil legal regime of real estate in Russia and abroad: comparative analysis // Law and State: Theory and Practice. – 2023. – No. 9 (225). – pp. 295-298.
2. Osmanov O. A. Development rights as property rights: problems of legal regulation // Legal Bulletin of the Dagestan State University. – 2021. – Issue 40. No. 4. – P. 90-94.
3. Semyakina A. V. Property rights to land plots in the Russian Federation and Great Britain: a dogmatic approach against pragmatism // Current problems of Russian law. – 2021. – No. 7 (128). – pp. 179-191.
4. Hogg J. E. Registration of land ownership throughout the empire. A Treatise of the Law Concerning the Security of Title to Land by Registration and Transactions in Registered Land in Australia, New Zealand, Canada, England, Ireland, West Indies, Malaya, etc.: A Continuation of the “Australian Torrens System.” – Toronto: Carswell, 1920. – P. 773.
5. Klyushnichenko V.N., Lebedev N.D., Kaverin N.V. Analysis of foreign and Russian cadastral systems // Interexpo Geo-Siberia. – 2019. – Issue. 3. No. 2. – pp. 107–114.
6. Sokolov V.V., Kuzminova K.A. Comparison of models for maintaining the state real estate cadastre of the Russian Federation and the land cadastre of Germany // International Agricultural Journal. – 2022. – No. 1. – P. 686-696.
ECOLOGICAL LAW
ABANINA Elena Nikolaevna
Ph.D. in Law, professor of Land and environmental law sub-faculty of the Saratov State Law Academy
LEGAL CONDITIONS FOR THE FORMATION AND IMPLEMENTATION OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT OF FORESTRY IN RUSSIA
The article discusses the legal conditions for the development of the Concept of Sustainable Development of Forestry in Russia. Attention is drawn to the formation of a mechanism for monitoring the process of achieving sustainable development goals and the possibility of assessing the prospects for their achievement. The importance of taking into account all components of sustainable development: economic, environmental and social is shown using the example of documents approving the criteria and indicators of sustainable development (control mechanism). The need to supplement the list of indicators with indicators and criteria responsible for social factors of sustainable development is substantiated.
Keywords: sustainable development, forestry, development criteria and indicators.
Bibliographic list of articles
1. Vyphanova G. V. Legal problems of ensuring sustainable development of Russia and its regions // Environmental law. – 2005. – No. 5. – P. 7-10.
2. Olenina T. Yu. Legal aspects of sustainable forest management // Russian justice. – 2016. – No. 1. – P. 25-28.
3. Shupletsova Yu. I. Sustainable forest management (Montreal process) // International legal and national regulation of the environmental sphere of society: Collection of articles / Comp. Yu. S. Shemshuchenko, S. A. Bogolyubov. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2011. – P. 248-258.
ECOLOGICAL LAW
KHAYREDINOV Vadim Alexandrovich
lecturer of Land and environmental law sub-faculty of the Saratov State Law Academy
TRENDS IN THE DEVELOPMENT OF THE INSTITUTION OF LEGAL LIABILITY FOR ENVIRONMENTAL OFFENSES IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT
The article examines trends in the development of the institution of legal liability for environmental offenses, taking into account the goals of sustainable development. The author classified administrative offenses by consequences (the threat of violation of the rights and legitimate interests of present or generations future was taken into account). As a result of the study, the author comes to the conclusion that it is necessary to tighten liability for environmental offenses that lead to the deterioration of the condition of natural objects, taking into account the requirements of sustainable development.
Keywords: legal liability, environmental liability, environmental offenses, sustainable development.
Bibliographic list of articles
1. Petrov V.V. Legal protection of nature. – M.: Moscow. University, 1980.
2. Zrelov A.P. Modern features of bringing to responsibility for non-compliance with the conditions for ensuring free access of citizens to a public water body and its shoreline // Laws of Russia: experience, analysis, practice. – 2017. – No. 11. – P. 69-73.
3. Kachina N.V. Water pollution (Article 250 of the Criminal Code of the Russian Federation): problems of law enforcement and ways of legal solution // Laws of Russia: experience, analysis, practice. – 2012. – No. 8. – P. 64-68.
4. Zvereva A. I. Environmental crimes encroaching on the safety of water bodies: characteristics and differentiation from related torts: monograph / Ed. Yu. V. Grachevoy. – Moscow: Prospekt, 2019. – 200 p.
CRIMINAL LAW
AMIROVA Dilyara Kafilevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia
NABIEV Valeriy Valerjevich
Ph.D. in Law, senior lecturer of Administrative activities of internal affairs bodies sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
UMATKULOVA Regina Radikovna
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
ZIMIN Nikita Vladimirovich
senior specialist of the professional training group of the MIA of Russia in Nefteyugansk, senior lieutenant of police
CONCEPTS AND THEORIES OF RESPONSIBILITY FOR “FAILED COMPLICITY” IN A CRIME
This article examines the key characteristics, the consideration of which is necessary for the complete and correct qualification of a crime in the case of an excess of the perpetrator. The authors consider various concepts of responsibility of accomplices in the commission of a crime (accessory theory, theory of independent responsibility of accomplices). The authors conclude that, in order to correctly qualify what they have done, it is necessary to ensure a uniform interpretation and application of the norms of the articles of the General Part of the Criminal Code of the Russian Federation on complexity, which is possible by improving and supplementing the norms under consideration.
Keywords: excess of the perpetrator, complexity in the crime, complex complexity, accessory theory, theory of independent responsibility, crime, qualification of the crime.
Bibliographic list of articles
1. Gyulbankyan A. A. Complex issues of qualification of excess of the perpetrator of a crime // Asia-Pacific region: economics, politics, law. – 2023. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/slozhnye-voprosy-kvalifikatsii-ekstsessa-ispolnitelya-prestupleniya (Date of access: 02/11/2024).
2. Klenova T.V., Mnatsakanyan D.L. Current problems of understanding the excess of an accomplice // Legal Bulletin of Samara University. – 2019. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-ponimaniya-ekstsessa-souchastnika (Date of access: 02/09/2024).
3. Plotnikov A.I. Complicity in a system of crimes characterized by a confluence of criminals // Lex Russica. – 2016. – No. 5 (114). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/souchastie-v-sisteme-prestupleniy-harakterizuyuschihsya-stecheniem-prestupnikov (Date of access: 02/09/2024).
4. Pudovochkin Yu. E. The concept of complicity: experience of theoretical development and normative consolidation // Journal of Russian Law. – 2018. – No. 8 (260). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontseptsiya-souchastiya-opyt-teoreticheskoy-razrabotki-i-normativnogo-zakrepleniya (Date of access: 02/09/2024).
5. Sitnikova A.I. Legislative and textual modeling of the institution of complicity in crime // Lex Russica. – 2016. – No. 2 (111). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zakonodatelno-tekstologicheskoe-modelirovanie-instituta-souchastiya-v-prestuplenii (Date of access: 02/09/2024).
6. Sharapov R. D. Complicity in an unfinished crime and “failed complicity” // Legal science and law enforcement practice. – 2018. – No. 1 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/souchastie-v-neokonchennom-prestuplenii-i-neudavsheesya-souchastie (Date of access: 02/09/2024).
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
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
LEGAL ASPECTS OF ILLEGAL MOVEMENT OF FIREARMS
The article discusses certain aspects of the illegal movement of firearms, their main parts, ammunition (with the exception of civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, limited-kill firearms, their main parts and cartridges for them), which in its content constitutes a complex type of criminal activity. An analysis of the legislation related to the illicit trafficking of firearms is carried out, the author’s definition of the term “movement” is proposed, and its content is disclosed. It is proposed to amend the disposition of Article 222 of the Criminal Code of the Russian Federation by introducing the term “movement”.
Keywords: firearms, responsibility, movement, transportation, jurisdiction.
Bibliographic list of articles
1. Felde G. E. Causes and conditions for the occurrence of crimes related to illegal trafficking of weapons in the Armed Forces of the Russian Federation // Science, technology and education. – 2016. – No. 5 (23).
2. Robak V. A. The concept of illegal weapons trafficking and classification of crimes // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2021. – No. 3-1.
3. Kudashov V.N. On the subject of the crime under Part 1 of Art. 222 of the Criminal Code of the Russian Federation // Problems of economics and legal practice. – 2006. – No. 3-4.
4. Koretsky D. A. Criminal armalogy. – M.: AST: Astrel, 2010. – 446 p.
CRIMINAL LAW
GANIEVA Irada Allahverdievna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
TYPES AND METHODS OF FRAUD COMMITTED REMOTELY
The last few decades have been characterized by the fact that the achievements of scientific and technological progress have become an integral part of the life of almost every citizen. With the advent and development of information technologies, the types and methods of criminal activity are being improved. One of them was fraud committed remotely. The appearance of the term “remote fraud” is due to the fact that the perpetrator and the victim do not contact each other and may be at great distances fromeach other. The article discusses the types and methods of fraud committed remotely.
Keywords: fraud, “remote” fraud, cybercrime, crime, information technology.
Bibliographic list of articles
1. Cyber scammers are profiting from the popularity of the video conferencing service Zoom. – [Electronic resource]. – Access mode: https://www.vesti.ru/article/2394389 (date of access: 03/23/2023).
2. Kudryavtsev R.V. Organization of activities to detect remote fraud // Young scientist. – 2019. – No. 24 (262). – pp. 218-221.
3. Morozova E. R. Types of remote fraud, features of their qualification // Current problems of preliminary investigation: Collection of scientific articles of international scientific and practical conferences, St. Petersburg, April 20, 2021. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 420-427.
4. Sycheva A. V. Some methods of committing “remote” fraud // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 4 (55). – pp. 167-173.
5. Sycheva A. V. On the issue of current methods of committing “remote” fraud // Current problems of criminal proceedings and criminology: Collection of scientific articles, Mogilev, April 30, 2021. – Mogilev: Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus”, 2021. – P. 110-113.
6. Yakovleva L. V. Modern methods of committing remote fraud // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (54). – pp. 77-80.
CRIMINAL LAW
EFREMOVA Olga Sergeevna
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Faculty of Law of the St. Petersburg University of the FPS of Russia
ON SOME CURRENT TRENDS IN CRIMES COMMITTED USING INFORMATION AND TELECOMMUNICATION TECHNOLOGIES AND THEIR PREVENTION
The scientific article examines some current trends in crime in the field
of information technology, as well as computer information. The official statistical data on these types of crime over the past three years have been analyzed. Based on the analysis of statistical data, qualitative and quantitative indicators of the type of crime under study has been identified. The scientific approaches of criminologists are considered to the concepts of “cybercrime” and “cyberterrorism”. The classification of measures to prevent crimes committed using information and telecommunication technologies is disclosed. The content of the most effective and modern preventive measures has been studied. The analysis of the content of a number of normative legal acts in the field of preventing crimes committed using information and telecommunication technologies, as well as the powers of some state bodies in this area, is carried out.
Keywords: crime, computer crimes, Internet, cybercrime, cyberterrorism, prevention, measures.
Bibliographic list of articles
1. Abaev N. B. New trends in countering cyber terrorism // Eurasian Legal Journal. – 2023. – No. 2 (177). – pp. 374-375.
2. Balashov A. A. Types of cybercrime and their danger. In the collection: Information technology as the basis for effective innovative development. Collection of articles of the International Scientific and Practical Conference. – Ufa, 2024. – pp. 28-31.
3. Evdokimov K. N. Countering computer crime: theory, legislation, practice: abstract of thesis. … Doctor of Law. – Moscow, 2022. – 73 p.
4. Kiselev A. S., Gorbunova K. A. Features of the forensic characteristics of crimes in the field of computer information // Current problems of state and law. – 2023. – T. 7. – No. 3. – P. 370-378. https://doi.org/10.20310/2587-9340-2023-7-3-370-378.
5. Provatkina V. E., Kvasnikova T. V. Modern trends in countering cyberterrorism // International Journal of Humanities and Natural Sciences. – 2023. – No. 7-2 (82). – pp. 226-230.
6. Tuguzbaev G. A. Crimes in the field of information technology and the field of computer information // Security, safety, communications. – 2023. – No. 8-2. – pp. 150-179.
7. Fomenko A. I., Arzumanyan A. A., Sobakareva E. V. On the use of foreign experience in combating cybercrime in Russia // Science and education: economy and economics; entrepreneurship; law and management. – 2024. – No. 1 (164). – pp. 141-143.
8. Shkhagapsoev Z. L. On the role of internal affairs bodies in the prevention of crimes committed using information technologies (IT crimes) // State service and personnel. – 2020. – No. 2. – P. 131-134.
CRIMINAL LAW
ZORINA Elena Andreevna
Ph.D. in Law, associate professor, Head of Labor law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
SHARAPOV Roman Dmitrievich
Ph.D. in Law, professor, professor of Criminal law, criminology and penal enforcement law sub-faculty of the St. Petersburg Law Institute (branch) University of the Prosecutor’s Office of the Russian Federation, professor of Investigative management (Higher Academic courses) sub-faculty of the St. Petersburg Academy of the Investigative Committee of the Russian Federation
VAKHMISTROVA Svetlana Ivanovna
Ph.D. in historical sciences, associate professor, associate professor of Labor law sub-faculty of the Hero of the Russian Federation Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
DECRIMINALIZATION OF THE DESTRUCTION OR DAMAGE OF PROPERTY DUE TO NEGLIGENCE BY INCREASING THE LARGE SIZE OF THE CRIME: ASSESSMENT OF THE LEGISLATIVE INITIATIVE
In terms of its content, the article is a critical analysis of the preparatory materials to substantiate the initiative to amend the current criminal legislation in terms of raising the threshold for major damage necessary to qualify a crime under Article 168 of the Criminal Code of the Russian Federation. The authors, based on the available materials of the preliminary review of the initiative and their own research, assess possible legislative developments generated by the initiative in question. As a result, sufficient grounds are formed for a rationally constructed and empirically supported conclusion about the need for additional research to make an adequate legislative decision.
Keywords: large amount of damage caused, voluntary insurance of property, destruction or damage of property by negligence, decriminalization, crimes against property, qualifying signs
Bibliographic list of articles
1. Babushkin M. Yu., Nemchenko S. B., Shenshin V. M. On strengthening criminal liability for destruction or damage to property through negligence // Russian investigator. – 2021. – No. 8. – P. 43-47.
2. Eliseev S. A., Chernousova A. V. Controversial issuesdew 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.
3. Esakov G. A. Dimensional signs in the criminal law // Law. – 2020. – No. 6. – P. 108-121.
4. Kravchenko R. M., Romanyuk V. I. Criminal violation of special rules: qualification of “additional” consequences // Criminal law. – 2020. – No. 2. – P. 44-49.
5. Grounds for criminal law prohibition (criminalization and decriminalization) / Rep. ed. V. N. Kudryavtsev, A. M. Yakovlev. – M.: Nauka, 1982.
6. Petrov S. A. On the issue of establishing criminal liability of a passenger and a pedestrian for causing major damage // Law and State: Theory and Practice. – 2019. – No. 3 (171) – pp. 123-126.
7. Pudovochkin Yu. E. Assessment by the court of the social danger of a crime: Scientific and practical guide. – M.: RGUP, 2019.
8. Samoylyuk N.V., Kernadzhuk I.V. Problems of qualification of causing property damage through negligence // Russian Judge. – 2019. – No. 1. – P. 11-15.
9. Skoblikov P. A. Petty thefts – major misconceptions: a conceptual statement of a deputy and its analysis // Law. – 2015. – No. 12. – P. 113-120.
10. 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.
11. Truntsevsky Yu. V., Osipov I. V. Legislative reinforcement of quantitative parameters of cost criteria for crimes in the sphere of economic activity: patterns and calculation methods // Law. Journal of the Higher School of Economics. – 2018. – No. 3. – P. 122-148.
12. Khromov E.V. The ideal set of crimes provided for in Art. Art. 168, 264 of the Criminal Code of the Russian Federation // Russian investigator. – 2020. – No. 11. – P. 37-40.
13. Sharapov R. D. The concept of crime: legal positions of the Constitutional Court of the Russian Federation // Criminalist. – 2022. – No. 1 (38). – pp. 27-34.
CRIMINAL LAW
OSADCHAYA Natalya Georgievna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Rostov branch of the Russian State University of Justice
ILLEGAL ACTIVITY FOR THE REPAYMENT OF OVERDUE DEBTS OF INDIVIDUALS: LEGAL ANALYSIS
This article is devoted to the study of the norm establishing criminal liability for illegal actions to repay accounts payable to individuals. The author substantiates the need to introduce Article 72.4 into the Criminal Code of the Russian Federation, examines the specifics of the composition of this crime, including conducting a comparative analysis with related criminal law norms. The author offers his vision of further improvement of the analyzed norm of the Criminal Code.
Keywords: debt, collection, collectors, threats, use of violence.
Bibliographic list of articles
1. Gazette. [Electronic resource]. – Access mode: https://www.vedomosti.ru/finance/articles/2023/10/31/1003400-banki-prodali-kollektoram-rekordnii-obem-dolgov-grazhdan (date of access: 02/09/2024).
2. Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the Federal Law “On microfinance activities and microfinance organizations” dated 07/03/2016 No. 230-FZ. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_2004 97/.
3. New news. [Electronic resource]. – Access mode: https://newizv.ru/news/2023-07-14/kollektory-smenili-taktiku-posle-poyavleniya-nakazaniya-za-ugrozy-i-nasilie-k-dolzhnikam-413447 (access date: 09.02 .2024).
4. Tsoi L.V. Scientific notes of the Altai branch of the Russian Academy of National Economy under the President of the Russian Federation. – 2023. – No. 2 (23). – pp. 51-53.
5. Esakov G. Changes in criminal law in the first half of 2023 [Electronic resource]. – Access mode: https://www.yandex.ru/video/preview/14736635671060657828 (accessed 02/20/2024).
CRIMINAL LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Penza State University
LEGAL ASSESSMENT AND PROBLEMS OF SOCIALIZATION IN RUSSIA OF MIGRANT WORKERS FROM CENTRAL ASIAN COUNTRIES
In the research article, the author’s team examines the problematic issues of the stay of migrant workers, mainly from Central Asian countries, on the territory of Russia. The issues of their worthk, knowledge of the Russian language, the history of Russia, as well as the commission of crimes on their part such as robberies, robberies, murders, rapes, etc. are considered in detail and highlighted. The proposed concept proposed by the leaders of our state regarding the reduction of social tension against migrant workers in our society is considered in sufficient detail. Based on the presented research printed material and an in-depth analysis of their stay in Russia, the authors have their own ideas and suggestions regarding the resolution of national interests in society.
Keywords: migrant workers, crimes, national culture, knowledge of the Russian language, literature, crime prevention, state concept of their way of life, behavior, migration flow, knowledge of legislation, deportation, criminal liability.
Bibliographic list of articles
1. Official website of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: Ministry of Internal Affairs of the Russian Federation.
2. Report of His Holiness Patriarch Kirill at the Diocesan meeting of the city of Moscow on December 20, 2023 Moscow, RIA Novosti, interview with Patriarch Kirill.
3. Meeting of Vladimir Putin with members of the Human Rights Council December 4, 2023 – M., Kremlin. (transcript).
4. Criminal Code of the Russian Federation. – M.: Publishing house. SPARK, 2023. – Art. 322.1 of the Criminal Code of the Russian Federation.
5. Newspaper “Izvestia” April 13, 2023
CRIMINAL LAW
PIROVA Rena Nizamievna
Ph.D. in historical sciences, associate professor of Criminal law and state legal disciplines sub-faculty of the Dagestan State University of National Economy, Makhachkala
COMMISSION ON JUVENILE AFFAIRS
This article contains an analysis of the behavior of neglected and homeless persons, as well as minors who have fallen under the actions of the Commission on juvenile affairs and protection of their rights. Also, the problems of the implementation of the activities of the commission itself and their solutions are considered. The problem lies in the existence of contradictions between the importance of the commission on juvenile affairs itself and the presence of unresolved organizational issues, such as social, regulatory and legal, which directly interfere with the implementation of the tasks assigned to the commission. Solving these problems and improving the legislative basis of the commission itself would lead to streamlined and more competent legal activities, which in turn could become a guarantee for minors that their rights and interests will be properly protected.
Keywords: minors, commission, CDNiZP, homeless, offense, children, teenagers.
Bibliographic list of articles
1. The number of homeless and neglected children in Russia // Statistics of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://fedstat.ru/indicator/36186 (date of access: 02/14/2024).
2. Main statistical indicators of the state of criminal records in Russia for 2003-2007 and 2008-2021. [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=2074 (access date: 02/15/2024).
3. Kambieva M. M. “Facts influencing the formation of unlawful behavior of adolescents.” [Electronic resource]. – Access mode: https://moluch.ru/authors/15189/ (date of access: 02/16/2024).
4. Bezhentsev A. A. The role of commissions on juvenile affairs and the protection of their rights in the prevention of juvenile delinquency, prospects for the modernization of administrative activities // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017.
5. “No, it’s normal” // article “Violence against children in facts and figures.” [Electronic resource]. – Access mode: https://n-e-n.ru/violencefacts/ (access date: 02/17/2024).
CRIMINAL LAW
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
DVORZHITSKAYA Marina Andreevna
Ph.D. in Law, associate professor, senior lecturer of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
MALANJIN Alexander Anatoljevich
student of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
SAVELJEVA Darya Evgenievna
student of Criminal law sub-faculty of the North-West branch of the Russian State University of Justice, St. Petersburg
TRASH STREAMING: PROBLEMS OF CRIMINAL LAW REGULATION
The article examines the issues of criminal law regulation of such a phenomenon as trash streaming. Legislative and law enforcement problems have been identified that do not allow today to properly assess crimes committed in online broadcasts and publicly demonstrating violence. It supports the introduction of an aggravating circumstance in Article 63 of the Criminal Code of the Russian Federation and a qualifying feature in certain types of crimes against the person, such as “committing a crime with a public demonstration, including in the media or information and telecommunication networks (including the Internet).”
Keywords: trash stream, Internet, violence, cruelty.
Bibliographic list of articles
1. Mamardashvili M.K. Consciousness and civilization // How I understand philosophy. – M.: Progress, Culture, 1992. – 414 p.
2. Rakhmanova E. N., Berestovoy A. N., Tsvetkov P. V. Trash streaming is a form of network aggression: criminal legal analysis // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2023. – No. 1 (97). – pp. 137-143.
CRIMINAL LAW
SOKOLOVA Tatyana Sergeevna
associate professor of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
IMAEVA Yuliya Borisovna
Ph.D. in Law, Head of sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
CURRENT ISSUES OF INTERACTION BETWEEN INVESTIGATIVE UNITS AND INVESTIGATIVE BODIES DURING INVESTIGATIONS OF FRAUD COMMITTED USING INFORMATION AND COMMUNICATION TECHNOLOGIES
The rapid development of our society aimed at improving the quality of life has affected all possible areas, including information and communication. Every day we reduce the solution of everyday issues to a minimum by accessing the Internet. At the same time, these actions involve posting your personal data on the open Internet. However, along with the development of society, criminals are also developing. Thus, new ways of committing crimes are emerging, which are constantly being improved, which often does not allow law enforcement agencies to react in a timely manner. Despite the fact that changes and additions are being made to the current legislation on an ongoing basis to facilitate the work of law enforcement agencies in the fight against fraud, there are many unresolved issues. Thus, this article examines a number of problematic issues that arise in law enforcement practice in the interaction of investigative units with bodies of inquiry in the investigation of frauds committed in the most common way in our time, namely using information and communication technologies.
Keywords: crime, fraud, information and communication technologies, investigator, inquiry agency, resolution.
Bibliographic list of articles
1. Interesting statistics: smartphones, networks, Internet // AndroidInsider. [Electronic resource]. – Access mode: https://androidinsider.ru (access date: 02/05/2024).
2. Criminal Procedure Code of the Russian Federation (Code of Criminal Procedure of the Russian Federation): Federal Law of December 18, 2001 No. 174-FZ: text as amended. and additional February 24, 2021 [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 02/09/2023).
3. Review of judicial practice of the Supreme Court of the Russian Federation No. 3 (2017). [Electronic resource]. – Access mode: http: // www.consultant.ru (date of access: 02/08/2024).
4. Brief description of the state of crime in the Russian Federation for January–December 2023 // Official website of the Ministry of Internal Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://mvd.rf/reports/item/34307225 (date of access: 02/08/2043).
5. Agafonov V.V. Fillipov A.G. Forensics: lecture notes. – M., 2018. – P. 56.
CRIMINAL LAW
SULEYMANOV Samaludi Kamaldinovich
postgraduate student of the 4th course of the Rostov State University of Economics (RINE)
CRIME PREVENTION IN THE FIELD OF ENTERTAINMENT COMMERCIAL COMPETITIONS
This study examines and analyzes crime prevention issues in the field of commercial competitions. With the growing popularity and attractiveness of such competitions, the risk of committing various offenses, including fraud, corruption, bribery and other crimes, also increases. This article examines the main causes and producers of crimes in this sector, and also analyzes existing mechanisms and methods for their prevention. Particular attention is paid to the development of legislative and regulatory measures to prevent and deter criminal behavior, as well as to improve mechanisms for punishing and prosecuting crimes.
Keywords: spectacular commercial competitions, crime prevention, bribery, criminal legislation.
Bibliographic list of articlesok
1. Yakovlev V.F. On the systemic application of law (speech in the Supreme Arbitration Court of the Russian Federation) // Bulletin of the Supreme Arbitration Court of the Russian Federation. VAS RF. – 2017. – No. 3. – P. 420
2. Kerimov D. A. Legislative technologies. Scientific, methodological and educational manual. – M., 2018. – P. 310.
3. Message of the President of the Russian Federation dated April 18, 2002, w/n. [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/36351.
CRIMINAL LAW
TINGAEVA Irina Vladimirovna
senior lecturer of Criminal process sub-faculty of the Ufa Law Institute of the MIA of Russia
FAYRUSHINA Rimma Damirovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan
ON IMPROVING THE CONDUCT OF INVESTIGATIVE ACTIONS IN THE INVESTIGATION OF CRIMINAL CASES, USING TECHNICAL MEANS
To increase the effectiveness of the investigation of a criminal case at the stage of preliminary investigation, it is certainly worth introducing into the practice of preliminary investigation technical means of fixation, with which you can make up for the shortcomings of human perception, preservation, reproduction, processing and transmission of information received during the course of investigative actions. In order to optimize and achieve high results, it is necessary to use the latest technical means and computer technologies in the activities of law enforcement agencies. And only with a new approach to the circumstances under consideration, one can hope for high accuracy and completeness of the evidence base of the preliminary investigation materials.
Keywords: investigative actions, technical means, investigation of criminal cases, paper media, information, electronic evidence.
Bibliographic list of articles
1. Alekseev N. S. Textbook on criminal procedure: investigative actions – 2nd ed. – M., 2022. – P. 88.
2. Kruglikov A.P. Textbook on criminal procedure: investigative actions in the Criminal Procedure Code of the Russian Federation – 3rd ed. – M., 2022. – P. 107.
3. Rabtsevich O.I. Textbook on criminal procedure: Criminal proceedings: theory and practice – 3rd ed. – M., 2022. – P. 214.
4. Smirnov A.V. Textbook on criminal procedure: investigative actions in the Criminal Procedure Code of the Russian Federation – 3rd ed. – M., 2022. – P. 107.
5. Chkalnitsky V.V. Textbook on criminal procedure: investigative actions – 4th ed. – M., 2022. – P. 251.
CRIMINAL LAW
SHADRINA Elena Sergeevna
investigator of the investigative department for the Leninsky district of the town of Kirov of the Investigative Department of the Investigative Committee of the Russian Federation for the Kirov region, postgraduate student of the 1st course of the Faculty of Training of Scientific and Pedagogical Personnel and Organization of Research Work of the A.Ya. Sukharev Moscow Academy of the Investigative Committee
PROBLEMS OF DETERMINING THE CRIMINAL LEGAL STATUS OF CERTAIN CATEGORIES OF SUBJECTS OF CRIME UNDER ARTICLE 200.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The author of the article considers problematic issues of determining the criminal legal status of certain categories of subjects of crime under Article 200.4 of the Criminal Code of the Russian Federation: contract manager, contract service employees, members of the procurement commission. Various points of view of Russian researchers regarding the definition of the criminal legal status of these persons are given. Some functions of the contract service and members of the procurement commission are considered. The provisions of criminal and administrative legislation, including legislation on the contract system in the field of procurement, are analyzed in relation to the concept of an official. The shortcomings of Article 200.4 of the Criminal Code of the Russian Federation are revealed, in terms of its contradiction with the provisions of previously adopted laws. The necessity of giving an explanation to the Plenum of the Supreme Court of the Russian Federation on the application of Article 200.4 of the Criminal Code of the Russian Federation is substantiated.
Keywords: public procurement, abuse, Article 200.4 of the Criminal Code of the Russian Federation, the subject of the crime, contract manager, contract service, procurement commission.
Bibliographic list of articles
1. Abramkin A.D. Public danger as the main factor in the criminalization of abuses in the sphere of governmentprocurement // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (44). – pp. 27-31.
2. Gladkikh V.I. Abuses in the sphere of procurement of goods, works, services to meet state or municipal needs (Article 200.4 of the Criminal Code of the Russian Federation): theoretical analysis // Russian Justice. – 2019. – No. 3. – P. 51-54.
3. Ermolovich Ya. N. Criminal liability for improper execution of the state defense order and violation of the procedure for public procurement // Defense-industrial complex: legal issues. – 2019. – No. 1. Access from the legal reference system “ConsultantPlus”.
4. Isaicheva M. M. On the differentiation of criminal liability of customer representatives in the Criminal Code of the Russian Federation // Law and Law. – 2019. – No. 9. – P. 137-139.
5. Any I. A. Problematic issues of the subjective composition of Art. 200.4 of the Criminal Code of the Russian Federation // Russian justice. – 2020. – No. 2. – pp. 27-29.
6. Filatova M. A. Problems of interpretation of signs of abuse in the sphere of state and municipal procurement // Law. Journal of the Higher School of Economics. – 2022. – No. 3. – P. 28-50.
7. Shurpaev Sh. M. Special subject in the composition of abuse and bribery in the sphere of state and municipal procurement // Law. Journal of the Higher School of Economics. – 2022. – No. 4. – P. 51-70.
CRIMINAL LAW
YABLONSKIY Konstantin Anatoljevich
senior lecturer of Fire and physical training sub-faculty of the Volgodonsk branch of the Rostov Law Institute of the MIA of Russia
CHENCHIKOVSKIY Alexander Dmitrievich
senior lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
CHARACTERISTICS OF PERSONS INVOLVED IN ILLEGAL ARMS TRAFFICKING
The personal characteristics of the criminal are most fully manifested when committing a specific crime, while criminological characteristics of behavior are traced. In criminology, the personality of a criminal is considered as a category that arises only after a person has committed a specific crime, and is defined as a set of socially significant properties, characteristics, connections and relationships that characterize a person who is guilty of violating the criminal law. The personality structure of a criminal involved in illegal weapons trafficking is complex and dynamic; it includes a wide range of internal personality positions in various areas (interests, skills, ability to handle weapons – a qualitative characteristic of the criminal’s personality).
Keywords: structure, personality, criminological characteristics, weapons, ammunition, turnover.
Bibliographic list of articles
1. Lombroso Ch. Crime. – St. Petersburg: Publishing house N.K. Martynov, 1900. – 140 p.
2. Vedernikov N. T. The personality of a criminal as an element of the forensic characteristics of a crime // Forensic characteristics of crimes: collection. scientific tr. – M.: All-Union. Institute has been studied. reasons and developer Mayor of Crime Prevention, 1985. – pp. 76-79.
3. Yablokov N.P. Subject of crime investigation methods. Current problems of Soviet criminology. – M., 1980. – 104 pp.
4. Mishin A.V. Investigation of arson of personal property of citizens. – Kazan: Kazan Publishing House. University, 1991. – 128 p.
5. Teslenko E. S. Forensic support of preliminary investigation of illegal trafficking of ammunition and explosives during the Great Patriotic War: abstract of thesis. dis. … for the academic degree. Ph.D. degrees legal Sciences: spec. 12.00.09 “Criminal procedure, criminology; operational investigative activities.” – Krasnodar, 2011. – 22 p.
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
STAGES OF CRIMINAL LAW INTERPRETATION: JUDICIAL ALGORITHM
The study at hand aims at analyzing methods and results of legal interpretation in their theoretical and perception practical, systematic interrelation, and hierarchy. The conclusion is made about the inadmissibility of the doctrine of supremacism and self-sufficiency of literal meaning, as well as its “increased effectiveness” in relation to all other interpretative results. The relationship between literal and other meanings can be expressed only algorithmically, but not hierarchically. Hence, extraordinary interpretation results are subject to application whenever the literal interpretation is unsatisfactory. Guided by the goals of interpretation as a daily courts’ routine, the conditions for including a specific interpretation in a judicial act are formulated. To this end, using the terminology of F.K. von Savigny, the category of “satisfactory” interpretation was constructed in two cumulative aspects – legal and factual. Verification of the interpretation’s compliance with this category is mandatory for each interpretative process. Considering these clarifications, four stages of the interpretative process (two mandatory and two optional), as well as the rules for its application, are formulated. The relevance of the topic is determined by the data of judicial statistics, indicating the inefficiency and unsystematic nature of courts’ criminal law interpretation. Given the goal of minimizing the number of judicial acts with improper application of the criminal law, which traditionally account for more than 50% of the number of reversed, this study has a practical character.
Keywords: interpretation, interpretative process, methods of interpretation, types of interpretation, results of interpretation, quality of law
Bibliographic list of articles
1. Abdulaev M.I. Theory of State and Law: Textbook for Higher Educational Institutions. – M.: Magistr-Press, 2004. – 410 pp.
2. Alekseev S.S. General theory of law. Course in 2 volumes. – T. 2. – M.: Legal. lit., 1981. – 360 p.
3. Aristotle. Athenian polity. State system of the Athenians. 2nd edition. – M.: State Socio-Economic Publishing House, 1937. – 254 p.
4. Savigny F.K. background. The system of modern Roman law: In 8 vols. T. I. Transl. with him. G. Zhigulina / Ed. O. Kutateladze, V. Zubarya. – M.: Statute, 2011. – 510 p.
5. Surkova S.V. Broad interpretation of legal norms // SPS ConsultantPlus [Electronic resource]. – access mode: https://cloud.consultant.ru (date of access: 02/08/2024).
6. Ammann O. Domestic Courts and the Interpretation of International Law. Methods and Reasoning Based on the Swiss Example. – Copenhagen: Brill Publishers, 2020. – P. 166.
7. Canale D., Tuzet G. Analogical Reasoning and Extensive Interpretation // ARSP: Archives for Philosophy of Law and Social Philosophy. – 2017. – Vol. 103. No. 1. – P. 117-135.
8. Cover R.M. Violence and the Word // Yale Law Journal. – 1986. – Vol. 95. No. 8. – P. 1601-1629.
9. Goodrich P. Historical Aspects of Legal Interpretation // Indiana Law Journal. – 1986. – Vol. 61. No. 315. – P. 345.
10. 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.
CRIMINAL LAW
VASILJEVA Darya Vladimirovna
assistant of Foreign law and comparative law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
PROBLEMS OF DETERMINING OBJECTIVE SIGNS OF FICTITIOUS BANKRUPTCY
The article examines the relevance of fictitious bankruptcy today. The problem of applying Article 197 of the Criminal Code of the Russian Federation is caused by the incorrect phrasing of the action. There is no improvement of criminal legislation in the area of criminal bankruptcies despite the dynamic change in the bankruptcy law, the expansion of the subject of bankruptcy law. The method of committing a fictitious bankruptcy is a public declaration of insolvency, which became irrelevant after the improvement of bankruptcy legislation in 2002. That is why Article 197 of the Criminal Code of the Russian Federation does not work. The article explores ways to solve the current problem.
Keywords: bankruptcy, fictitious bankruptcy, the object of fictitious bankruptcy, actus reus of fictitious bankruptcy, improvement of criminal legislation.
Bibliographic list of articles
1. Batyukova V. E. On the issue of signs of persons committing crimes in the business sector // Modern law. – 2023. – No. 1. – P. 92-96.
2. Karpovich O. G. On liability for intentional and fictitious bankruptcy // Lawyer. – 2002. – No. 5. – P. 41-45.
3. Lopatina T. M. The relationship between criminal law and civil law principles in the regulation of relations related to insolvency: the example of fictitious bankruptcy // Russian Justice. – 2017. – No. 4. – P. 31-33.
4. Lopashenko N. A. Crimes in the economic sphere: Author’s commentary on the criminal law (Section VIII of the Criminal Code of the Russian Federation). – M.: Wolters Kluwer, 2006.
5. Lyaskalo A. N. Damage in bankruptcy crimes // Criminal law. – 2023. – No. 9. – P. 27-40.
6. Mikhalev I. Yu. About fictitious bankruptcy // Criminal law. – 2006. – No. 5. – P. 65-69.
7. Nenaidenko A. G. Intentional and fictitious bankruptcy: current problems of criminal liability: Author’s abstract. dis. …cand. legal Sci. – M., 2005.
8. Rusanov G. A. Crimes in the sphere of economic activity: textbook. – M.: Prospekt, 2011.
9. Criminal law of the Russian Federation. Special part: Textbook / Ed. L. V. Inogamova-Khegai, A. I. Raroga, A. I. Chuchaeva. – M.: CONTRACT, INFRA-M, 2009.
10. Criminal law. General part: Textbook / Ed. A. N. Tarbagaeva. – M.: Prospekt, 2016.
11. Criminal proceedings. Data on the imposed punishment under articles of the Criminal Code. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: http://stat.api-press.rf/stats/ug/t/14/s/17 (access date: 01/02/2024).
CRIMINAL LAW
ELOVIKOVA Yuliya Sergeevna
postgraduate student of Criminal law disciplines sub-faculty of the I. N. Ulyanov Chuvash State University, Cheboksary
THE EVOLUTION OF CRIMES AGAINST THE PERSON IN RUSSIAN CRIMINAL LAW OF THE PRE-REVOLUTIONARY PERIOD
The article is devoted to a comprehensive study of the evolution of crimes against the person in the Russian criminal law of the pre-revolutionary period. The peculiarities of crimes against the person in the period of formation and establishment of the united ancient Russian state Kievan Rus (IX-XII centuries), in the period of feudal fragmentation (XII century – XIV centuries), formation and development of the Moscow centralized state (XV-XVII centuries), the Russian Empire (XVIII – early XX) are singled out and described. The article substantiates the position that the system of crimes against the person existing in the present criminal law did not arise by chance, it was formed under the influence of various historical factors: social, economic, political, etc., as well as the assessment of the rights of the individual in the system of social relations.
The issues of evolution of crimes against the person are covered in detail in the works of Zvizzhova O. Y., Demin I. N., Filimonova E. E. The novelty of this work consists in studying the issue of evolution of the institute of crimes against the person under the influence of various historical factors.
The purpose of the study is to show the beginning of the establishment and formation of the institution of crimes against the person, to identify the factors causing the regularities of the development of such crimes in the Russian criminal law of the pre-revolutionary period.
The object of the study is the system of crimes against the person based on the sources of Russian criminal law of the pre-revolutionary period. In the research, the author used historical, comparative, and logical research methods.
Keywords: crime, punishment, human rights and freedoms, object of criminal legal protection, pre-revolutionary period.
Bibliographic list of articles
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2. Sverdlov M. B. From Russian Law to Russian Truth. M., 1988. P. 176.
3. Sheptalin A. A. Genesis and evolution of the institution of punishment in primitive society // Man: crime and punishment. 2019. T. 27 (1-4). No. 2. pp. 169-189.
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6. Rybakov B. A. Paganism of Ancient Rus’. Moscow: 1987. 805 pp.
7. Georgievsky E.V. General criminal law characteristics of ancient Russian paganism // Siberian Legal Bulletin. 2007. No. 2 (37). pp. 75-83.
8. Sumtsov N.F. About wedding ceremonies, mainly Russian. Kharkov, 1881. 206 p.
9. Gernet M. M. Infanticide in Russian law // “Aee sins, mortals”: Russian family and sexual culture through the eyes of historians, ethnographers, writers, folklorists and theologians of the XΙX – early XX centuries: in 3 books. Book 1 / Prep. N. L. Pushkareva and L. V. Bessmertnykh. M., 2004. 290 p.
10. Tylor E. B. Myth and ritual in primitive culture. Smolensk, 2000. P. 567 p.
11. Shakhunova E. F., Kozlov M. N. Human sacrifices in the system of ancient Russian military traditions // Collection of materials of the IV International Scientific Forum, the 75th anniversary of the Crimean offensive operation of 1944 and the 5th anniversary of the reunification of Sevastopol and Crimea with Russia. resp. ed. A. P. Kabachenko. 2019. Sevastopol: Federal State Autonomous Educational Institution of Higher Education “Sevastopol State University”, 2019.
12. Kavelin K. D. Collected Works. T. 4: Ethnography and jurisprudence. St. Petersburg, 1904. P. 73.
13. Veletskaya N. N. Pagan symbolism of Slavic archaic rituals. M., 2003.
14. Rapov O. M. Russian Church in the 9th – first third of the 12th century. Acceptance of Christianity. M., 1988. P. 444.
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16. Grushevsky M. S. History of Ukraine-Rus. K.: Naukova Dumka, 1991. T. 1. 648 p.
17. The Tale of Bygone Years // ABC of Faith. 2024. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Nestor_Letopisets/povest-vremennyh-let/. — Access date: 01/12/2024.
18. Russian truth // ABC of faith. 2024. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Istorija_Tserkvi/biblioteka-literatury-drevnej-rusi-tom-4/13/. — Access date: 01/13/2024.
19. Loba V. E., Malakhov S. N. Criminal law of Ancient Rus’ of the 11th-12th centuries. (according to Russian Pravda) / Armavir State Pedagogical University. 2011. 178 p.
20. Devyatovskaya S.V. Historical and legal analysis of the regulation of physical or mental coercion in Russian criminal legislation // Yurist-Pravoved. 2015. No. 3 (70). pp. 109-113.
21. History of state and law of the USSR. Part 1. / Ed. Yu. P. Titova. M.: Legal. lit., 1988. 544 p.
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23. Zagoskin N.P. Essay on the history of the death penalty in Russia. Kazan: Printing house of the Imperial University, 1892. 103 pp.
24. Charter of Prince Yaroslav Vladimirovich on church courts. XI-XIII centuries // Museum of the History of Russian Reforms named after P. A. Stolypin. [Electronic resource]. – Access mode: http://museumreform.rf/node/13620 (date of access: 01/13/2024).
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CRIMINAL LAW
KORPEEV Ata Geldievich
assistant of Theory and history of state and law and international law sub-faculty of the S. P. Korolev Samara National Research University
THE STATE AND DYNAMICS OF CRIMES COMMITTED USING INFORMATION AND TELECOMMUNICATION NETWORKS (TECHNOLOGIES) AND IN THE FIELD OF COMPUTER INFORMATION IN THE RUSSIAN FEDERATION AND TURKMENISTAN
The article analyzes the dynamics and level of growth crimes of committed using information and telecommunication networks (technologies) and in the field of computer information in the Russian Federation and Turkmenistan over the past three years. According to established practice, these crimes have a high tendency to grow and modernize the methods of commission, which in its essence is a challenge for law enforcement agencies of the Russian Federation and Turkmenistan. The relevance of the use of digital technologies in the commission of these crimes lies in the high level of latency, i.e. in other words, to commit a property crime in the form of theft of electronic money using a digital device, or to introduce a virus program into an information system for the purpose of illegally obtaining information contained on electronic media, has the opportunity to remain incognito. In this regard, over the past three years we have seen that the dynamics of such crimes in the Russian Federation is growing significantly: in 2021 the number of such crimes was 517,700, then in 2023 there are already 614,782, i.e. the increase is 0.8% over two years, more than 70% of acts are property crimes. In Turkmenistan, the situation is different than in the Russian Federation due to the fact that there is no official statistical information from law enforcement agencies on the dynamics of such crimes, statistical information can be tracked through Kaspersky Lab, according to this statistical information in the Asian region, Turkmenistan ranks 6th in terms of detected threats per day with a share of 2.96% and 2nd place in terms of detected threats for each month with a share of 4.20%, the bulk of malicious encroachment occurs on the websites of government agencies, enterprises, banks from outside using virus programs. Based on this, the author concludes that for the next planned 3 years, the dynamics of the growth rate of such crimes will continue both in the Russian Federation and in Turkmenistan. However, in the criminal legal and criminological sense, it is necessary to optimize the activities of law enforcement agencies through the modernization of information space protection systems and the creation of a single regional center for combating these crimes in order to coordinate the activities of interested government bodies.
Keywords: crime dynamics, digitalization, crimes in the field of information and telecommunication technologies, computer information, property crimes, malware, information security.
Bibliographic list of articles
1. Brazhnikov S. D. Crimes in the field of computer information: Educational method. development according to a special course / Comp. S. D. Brazhnikov; Yarosl. state univ. – Yaroslavl, 2000. – 54 p.
2. Doctrine on information security of the Russian Federation dated December 5, 2016 No. 646. [Electronic resource]. – Access mode: rg.ru/documents/2016/12/06/doktrinainfobezobasnost-site-dok.html (access date: 01/22/2024).
3. Law of Turkmenistan “On information and its protection” dated May 3, 2014 No. 72V [Electronic resource]. – Access mode: https://online.zakon.kz/Document/?doc_id=34731231 (date of access: 01/23/2024).
4. Law on cybersecurity of Turkmenistan dated 09/07/2019. [Electronic resource]. – Access mode: https://turkmenportal.com/blog/21542/v-turkmenistane-podgotovlen-proekt-zakona-o-kiberbezopasnosti (date of access: 01/22/2024).
5. Zavadsky I. I. Information war – what is it? // Confidential. – 1996. – No. 4. – P. 13-15.
6. Krylov V.V. Investigation of crimes in the sphere of information. – M., 1998. – P. 165.
7. Fletcher J., Naumov A.V. Basic concepts of modern criminal law. – M., 1998. – P. 151-155.
CRIMINAL LAW
LIBENZON Evgeniy Leonidovich
postgraduate student of the Patrice Lumumba People’s Friendship University of Russia, researcher, second-class lawyer of the University of the Prosecutor’s Office of the Russian Federation
GAPS IN LEGISLATION ON THE CONFISCATION OF CARS AS AN INSTRUMENT OF CRIME IN SMUGGLING (BASED ON THE EXAMPLE OF JUDICIAL PRACTICE IN THE TRANS-BAIKAL TERRITORY)
This article addresses the relevance of the normative context of the crime of smuggling via the use of vehicles and its link to the procedural factors that influence the determination of the possibility for confiscating vehicles as instruments of crime in smuggling cases. It presents the judicial practices in Zabaikalsky Krai, highlighting the necessity for legislative solutions to the contentious issue of recognizing vehicles as instruments of crime in smuggling offenses. The article suggests amendments to Article 104¹ of the Criminal Code of the Russian Federation and recommends additional clarifications by the Supreme Court of the Russian Federation on the application of Article 104¹. It advocates for the introduction of mandatory vehicle confiscation measures in the Criminal Code of the Russian Federation as a penalty for smuggling.
The article also discusses the illegal trade of goods and resources listed in the Government of the Russian Federation’s Decree No. 923, dated September 13, 2012, for the purposes of Article 226.1 of the Criminal Code, involving the use of vehicles.
The aim of this study is to explore the legislative shortcomings in the confiscation of instruments of crime to mitigate the smuggling of goods and resources.
This research employs a comparative approach to review the legislation concerning the confiscation of vehicles as instruments of crime across several countries, including Russia, China, the United States, and member states of the European Union.
Results: The study reveals existing legislative gaps in the confiscation of automobiles used in smuggling as instruments of crime.
Conclusions: Considering the scientific and practical significance, this study examines the primary reasons for the return of vehicles implicated in smuggling, prevention methods against smuggling utilizing vehicles, and the heightened public danger associated with the criminalistic characterization of such acts. The judicial practices in Zabaikalsky Krai are scrutinized, taking into account the region’s unique border position with the People’s Republic of China (PRC).
Keywords: customs border, evidence, equipment, strategically important goods and resources, biological resources, confiscation, vehicle, smuggling, cultural values, caches, instruments of crime, means of crime.
Bibliographic list of articles
1. Andreeva E. V. Illegal logging of forest plantations // Law and practice. – 2021. – No. 1 (74). – P. 43. – [Electronic resource]. – Access mode: http://files.sudrf.ru/2435/user/ZiP1_74_2021_sayt.pdf (access date: 12/04/2023).
2. Zabavko R. A. Wood smuggling: complex issues of the subject of the crime // Activities of law enforcement agencies in modern conditions: collection. materials of the XXI international scientific and practical. conf. – Irkutsk: Publishing House of the East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 60-64.
3. Libenzon E. L. Problems of determining territorial jurisdiction in cases of smuggling // Current problems of Russian law. – 2023. – T. 18. No. 2 (147). – pp. 160-170. – DOI: 10.17803/1994-1471.2023.147.2.160-170. – [Electronic resource]. – Access mode: https://msal.ru/upload/medialibrary/7a4/z6rgayuhwec80bvq2vk3avdwbfrxa1rl.pdf.
4. Libenzon E. L., Klebanov L. R. Investigation gaps in combating smuggling // Criminal proceedings: procedural theory and forensic practice. XI International Scientific and Practical Conference. IT “Arial”. – Simferopol. April 27-28, 2023. – pp. 163-167.
5. Prikhodko N. Yu. Prevention by internal affairs bodies of smuggling on railway transport // Abstract of the dissertation for the degree of candidate of legal sciences, 2015. – P. 3. – [Electronic resource]. – Access mode: https://a.mvd.ru/upload/site120/folder_page/007/308/373/avtoreferat_prihodko.pdf.
CRIMINAL LAW
MUSTAFAZADE Rovshan Shakhin ogly
postgraduate student of Criminal law and criminology sub-faculty of the Faculty of Law of the M. V. Lomonosov Moscow State University
FEATURES OF THE SUBJECTIVE SIDE OF THE CRIME PROVIDED FOR IN ARTICLE 236 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This article reveals current issues and legal problems to the peculiarities of the subjective side of violations of sanitary and epidemiological rules. The author provides various opinions from the doctrine of criminal law. Their ambiguity and uncertainty are emphasized. It is shown that there is no single position in judicial practice. Special attention is paid to the explanations of the higher courts of the Russian Federation. The paper also provides static information on the application of Article 236 of the Criminal Code of the Russian Federation. In addition, this paper addresses other issues related to this topic.
Keywords: violation of sanitary and epidemiological rules; mental element.
Bibliographic list of articles
1. Zvecharovsky I. E., Ivanov A. L. Influence of uncertainty art. 24 of the Criminal Code of the Russian Federation on the qualification of crimes (using the example of Article 263.1 of the Criminal Code of the Russian Federation) // Criminal Law. – 2014. – No. 6. – P. 23 (22-24) @@ Yani P. S. The uncertainty of the criminal law gives rise to unresolved problems of law enforcement // Legality. – 2020. – No. 6. – P. 32-37.
2. Karyagina O. V. Features of criminal liability for violation of sanitary and epidemiological rules in the context of the threat of the spread of coronavirus in the Russian Federation: analysis of innovations // Bulletin of the Taganrog Institute of Management and Economics. – 2020. – No. 1. – P. 49-52.
3. Kokotova D. A. On the need and possible options for changing the rules for determining forms of guilt // Lex Russia. – 2021. – Volume 74. No. 5 (174). – pp. 82-107.
4. Commentary on the Criminal Code of the Russian Federation (article-by-article) / Ed. G. A. Esakova. – M.: Prospekt, 2021. – 816 pp.
5. Course of criminal law in five volumes. Volume 4. Special part / Ed. G. N. Borzenkova, V. S. Komissarova. – M.: Mirror, 2002. – 672 p.
6. Norvartyan Yu. S. Violation of sanitary and epidemiological rules: issues of criminalization and legislative regulation // Bulletin of the University named after O. E. Kutafin. – 2021. – No. 8. – P. 110-117.
7. Yani P. S. The uncertainty of the criminal law gives rise to unresolved problems of law enforcement // Legality. – 2020. – No. 6. – P. 32-37.
CRIMINAL PROCEDURE
ABDRASHITOV Vagip Mnirovich
Ph.D. in Law, professor of Philosophy and theory of law sub-faculty of the Volgograd State University
KAKHKHOROV Davlatali Gafforovich
senior lecturer of Procedural law and criminalistics sub-faculty of the Volgograd State University
THE PROCEDURAL MODEL OF INTERACTION BETWEEN THE PROSECUTOR AND THE INVESTIGATOR AT THE PRESENTATION OF CHARGES
This article analyzes the problems related to the legal regulation of the procedural model of the relationship between the investigator and the supervising prosecutor within the framework of such a stage as the filing of charges. A number of norms of criminal procedural legislation of different periods of Russia that regulated the supervisory activities of the prosecutor, including the role of the investigator at the stage of completing the preliminary investigation, are examined. The work presents a comparative legal analysis of the institution of bringing charges in the USA and France. Proposals have been formulated to change the norms of the current criminal procedural legislation of Russia. The novelties proposed by the authors can contribute to the process of eliminating contradictions within the norms of the Code of Criminal Procedure of the Russian Federation, which regulate the powers and status of the prosecutor at the stage of filing charges.
Keywords: pre-trial proceedings, supervisory activities of the prosecutor, preliminary investigation, bringing charges, prosecutor, investigator.
Bibliographic list of articles
1. Gutsenko K. F., Golovko L. V., Filimonov B. A. Criminal process of Western states: monograph / K. F. Gutsenko; Moscow state University named after M. V. Lomonosov. – 2nd ed., revised. and additional – M.: Zertsalo-M, 2002. – 528 p.
2. Course of criminal procedure / Ed. Doctor of Law, Prof. L. V. Golovko. – M.: Statute, 2016. – 1278 p.
3. Resolution of the All-Russian Central Executive Committee of May 25. 1922 “On the Criminal Procedure Code.” // SU RSFSR, 1922, No. 20-21, art. 230. [Electronic resource]. – Access mode: http://www.consultant.ru/cons/CGI/online.cgi?req=docbase=ESUn=4006#0 (Date of access: 02/14/2024).
4. Sychev D. A. Content and implementation by the prosecutor of the functions of supervision and criminal prosecution in the pre-trial stages of the criminal process: dis. …cand. legal Sci. – Moscow, 2016. – 318 p.
5. Charter of criminal proceedings dated November 20, 1864 [Electronic resource]. – Access mode: http://constitution.garant.ru/history/act1600-1918/3137/ (Date of access: 02.14.2024).
6. Criminal Procedure Code of the RSFSR of October 27, 1960 [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_ doc_LAW_3275/ (Date of access: 02.14.2024).
CRIMINAL PROCEDURE
GONNOV Roman Vladimirovich
Ph.D. in Law, associate professor of Operational-search activities and special equipment sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE ROLE AND IMPORTANCE OF OPERATIONAL-SEARCH ACTIVITIES CARRIED OUT BY THE INTERNAL AFFAIRS BODIES
The work studies the significance of operational-search activities carried out by the internal affairs bodies and its relationship with the criminal procedure law. Particular attention is paid to issues of understanding the results of operational-search activities and the possibility of their use not only for the preparation and conduct of operational-search measures and investigative actions, but also in the process of proving criminal cases. The work conducted a study of the search, detection, fixation, assessment and possibilities of using information obtained promptly. The study of this area revealed the gaps in modern legislation regulating operational-search and criminal-procedural activities, examples of practice and court decisions were considered, conclusions were made and proposals were made.
Keywords: operational-search activity, criminal process, evidence, documentation, police.
CRIMINAL PROCEDURE
KVASNITSA Sergey Evgenjevich
Ph.D. in Law, associate professor, professor of Preliminary investigation sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the MIA of Russia
BIRYUKOV Svyatoslav Yurjevich
Ph.D. in Law, associate professor, associate professor of Procedural law and criminology sub-faculty of the Institute of Law of the Volgograd State University
THE CONCEPT, ESSENCE AND CONTENT OF INVOLVING A PERSON AS AN ACCUSED
An analysis of the theory of criminal procedure law and modern criminal procedure legislation suggests that there is a tendency to reduce the role of the institution of involvement as an accused in the context of the implementation of one of the most important principles of domestic criminal procedure legislation – ensuring the rights of the individual in criminal proceedings. This article examines the issues of modern interpretation in the theory of criminal procedure law and law enforcement practice of the concept, essence and content of the institution of bringing a person as an accused.
Keywords: accused, involvement as an accused, prosecution, criminal procedure legislation.
Bibliographic list of articles
1. Frantsiforov Yu. V. The concept and procedural procedure for bringing a person as an accused // Russian judge. – 2021. – No. 5.
2. Strogovich M. S., Alekseeva L. B., Larin A. M. Criminal procedural law and problems of its effectiveness. – M., 1979.
3. Serdechnaya R.G. Involvement as an accused and implementation of the principles of criminal proceedings: Dis. …candidate of legal sciences. – Volgograd, 1999.
4. Orlova A. A. Procedural procedure for bringing in as an accused. / Criminal process. Collection of teaching aids. Vol. 2. – M., 2018.
5. Kharchikova V. Sh. Formation of charges in the criminal process of Russia: Dis. …cand. legal Sci. – Kemerovo, 2019.
6. Strogovich M. S. Course of criminal proceedings. T. 2. – M., 1970.
7. Efimichev S.P. Preliminary investigation and its role in the implementation of criminal liability: Author’s abstract. dis. … doc. legal Sci. L., 1987.
8. Dubinsky A. Ya. Execution of procedural decisions of the investigator: legal and organizational problems. – Kyiv: Higher School, 1984.
CRIMINAL PROCEDURE
MILIKOVA Anna Vladimirovna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty of the Volgograd State University
YAKOVLEVA Lyubov Alexandrovna
Ph.D. in Law, associate professor of Forensic science sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ON APPROACHES TO THE DEFINITION OF THE CONCEPT OF A CRIMINAL CASE AND THE CONSISTENCY OF ITS MATERIALS
In legal acts, in scientific literature and in practice, the term “criminal case” is widely used in matters related to the regulation of criminal procedural legal relations. The familiar term does not have a legally fixed definition. There is no consensus in the scientific community either. This article attempts to define the concept of “criminal case” by presenting its elements as a single system. The authors conclude that in the most general form, a criminal case is a system of procedural acts and documents of pre–trial and judicial criminal proceedings, actions and decisions of participants in the criminal process.
Keywords: criminal case, system, criminal procedure act, procedural documents, criminal procedure form.
Bibliographic list of articles
1. Borisov A. B. Large legal dictionary. – M.: Book World, 2010. – 848 p.
2. Volynskaya O. V. Some approaches to the formulation of the concept of “termination of a criminal case” // Lawyer. – 2017. – No. 3. – P. 13-16.
3. Gimazetdinova I. N. Criminal case as a complex documentary form of presenting the results of criminal proceedings: specialty 5.1.4 Criminal law sciences: dissertation for the degree of candidate of legal sciences. – Moscow, 2023. – 235 p.
4. Kaats M. E. Problematic aspects of the procedure for declaring evidence inadmissible during the preliminary investigation // Modern problems of the criminal process: solutions: collection of materials of the International Scientific and Practical Conference, Ufa, September 24, 2020. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 100-105. – EDN XUTCTK.
5. Michurina O. V. On the content of the concept of a criminal case and the prospects for modernizing its form // Modern problems of the criminal process: solutions: collection of materials of the International Scientific and Practical Conference, Ufa, September 24, 2020. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 155-160. – EDN YVTZFI.
6. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions / Russian Academy of Sciences. Institute of Russian Language named after. V. V. Vinogradova. – 4th ed., supplemented. – M.: LLC “A TEMP”, 2006. – 944 p.
7. Rossinsky S. B. Collection of evidence as the “first” stage of proof in a criminal case // Legal Bulletin of Samara University. – 2020. – T. 6. No. 3. – P. 91-103. – DOI 10.18287/2542-047X-2020-6-3-91-103. – EDN LPBVKP.
8. Saak A. E., Tyushnyakov V. N. RazraBotka of management decisions: Textbook for universities. – St. Petersburg: Peter, 2007. – 272 p.
9. Suprun S.V., Ganbold R. Preliminary investigation of Russia and Mongolia: current problems of determining the content of the concepts “inquiry case”, “criminal case”, “criminal prosecution”, “termination of criminal case” // Bulletin of St. Petersburg University of the Ministry of Internal Affairs Russia. – 2019. – No. 4 (84). – pp. 137-145. – DOI 10.35750/2071-8284-2019-4-137-145. – EDN BDAGCA.
CRIMINAL PROCEDURE
POLIKARPOVA Olga Sergeevna
senior lecturer of Administrative activities of the department of internal affairs sub-faculty of the St. Petersburg University of the MIA of Russia
THE VALIDITY OF SUSPICION AND ITS INCREASE AS A CONDITION FOR ENTERING INTO THE STATUS OF A SUSPECT AND THE ADMISSIBILITY OF CRIMINAL PROSECUTION BEFORE THE COMPLETION OF PRE-TRIAL PROCEEDINGS IN THE CASE
The article argues the importance of the validity of suspicion of a crime in order to establish the admissibility of introducing a person into the procedural status of a suspect and subsequent personalized criminal prosecution, as well as the prospects of using such a definition for the development of the procedural status of a suspect in Russian criminal proceedings in order not only to confirm suspicion, but to increase the degree of its validity, which should be recognized as a necessary condition for justification as criminal prosecution identity until the completion of the pre -trial proceedings in the case, and the application of a measure of criminal procedural coercion against her without charge. The logic of applying the notification of suspicion to formalize the decision of a competent official of the preliminary investigation body in order to confirm the initial suspicion, taking into account the totality of evidence in the case, indicating an increase in the degree of its validity, is explained.
Keywords: criminal prosecution, validity of suspicion, suspect, notification of suspicion.
Bibliographic list of articles
1. Afanasyeva S.I. Institute of investigative judges: the prospect of legal regulation // Sixth Perm Congress of Legal Scientists: Selected materials: Publishing House “Statut” LLC, 2016. – P. 369-376.
2. Barshchevsky M. Yu., Morshchakova T. G. How to get rid of the accusatory bias in the courts // Russian newspaper. – Federal issue. – No. 213 (6189). – 24.09. 2013 – [Electronic resource]. – Access mode: http://www.rg.ru/2013/09/24/sud.html.
3. Lavdarenko L. I. Determination of the goals and motives of criminal procedural detention // Russian investigator. – 2015. – No. 12. – P. 11-15.
4. Morozova O. S. Procedural nature of suspicion in criminal proceedings // Criminalist. – 2022. – No. 4 (41). – pp. 87-91.
5. Morshchakova T. G. On the competence and procedure for forming the institution of investigative judges in the Russian Federation // Official website of the International Association for the Promotion of Justice. – [Electronic resource]. – Access mode: https://www.iuaj.net/node/1718.
6. Polikarpova O. S. Institute of investigative judges as a prerequisite for the development of the institution of suspicion in criminal proceedings in Russia // Criminal proceedings: current state and development strategy: Collection of scientific papers of the International Scientific and Practical Conference, Moscow University of the Ministry of Internal Affairs of Russia. V. Ya. Kikotya, 2022. – P. 265-268.
7. Rossinsky S. B. On the inadmissibility of “pilot” charges in pre-trial proceedings in a criminal case // Siberian Legal Bulletin. – 2021. – No. 4 (95). – pp. 121-128.
8. Sementsov V. A. Suspicion in domestic criminal proceedings: history and modernity // Legal Bulletin of the Kuban State University. – 2023. – No. 1. – P. 101-108.
9. Smirnov A. V. Standards of evidence: relationship with presumptions and distribution of the burden of proof // Criminal process. – 2021. – No. 12 (204). – pp. 86-94.
10. Sopneva E. V. Possible types of suspicion in criminal proceedings // Problems of criminal prosecution in criminal proceedings at the present stage: Collection of materials of the interdepartmental scientific and practical round table, Stavropol, May 20, 2016 / Ed. A. D. Avetisyan. – Stavropol: SEQUOIA LLC, 2016. – P. 89-97.
11. Churakov A. N. Public interest: methodological foundations for the formation of a legal category // Bulletin of the Volga University named after V. N. Tatishchev. – 2020. – No. 2. Volume 1. – P. 80-89.
CRIMINAL PROCEDURE
POPENKOV Anton Valerjevich
senior lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, lieutenant colonel of police
NUIKIN Sergey Yurjevich
Ph.D. in historical sciences, senior lecturer of Preliminary investigation sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia, captain of police
DOBRINSKIY Vladimir Anatoljevich
associate professor of Fire training sub-faculty of the Educational and Scientific Complex of Special Training of the V. Ya. Kikot Moscow University of the MIA of Russia, colonel of police
THE ACTIVITIES OF THE INVESTIGATOR TO COLLECT AND ESTABLISH THE CIRCUMSTANCES CONDUCIVE TO MAKING A DECISION ON THE INITIATION OF A CRIMINAL CASE ON THE GROUNDS OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 314.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
In the article, the authors analyze the criminal and criminal procedural legislation, in terms of establishing the circumstances to be clarified when making a decision to initiate a criminal case for evading administrative supervision or repeated non-compliance with restrictions or restrictions established by the court in accordance with federal law. The current problems and ways of solving issues related to the decision-making by the investigator on the initiation of criminal cases of this category are described. The algorithm of practical application of the provisions of the current legislation is given, taking into account law enforcement practice to establish the circumstances to be proven in a criminal case related to a violation of administrative supervision.
Keywords: administration supervision, investigator, circumstances, investigative actions, place of residence, place of stay, activity of the investigator.
Bibliographic list of articles
1. Petrova O. V. Methodology for investigating evasion of administrative supervision by a person released from prison: abstract of thesis. …cand. legal Sciences: 02.12.12. – M.: Moscow State Law University named after O. E. Kutafin, 2022. – 28 p.
2. Materials of criminal case No. 85132, located in OD OP No. 1 of the Russian Ministry of Internal Affairs for the city of Vladivostok.
3. Materials of the criminal case No. 11701400005719189, located in the Russian Ministry of Internal Affairs for the Kirovsky district of St. Petersburg.
4. Criminal case No. 11701330014, located in the Omutninsky Department of the Ministry of Internal Affairs of Russia, Kirov Region.
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 USE OF COGNITIVE INTERVIEW IN CRIMINAL PROCEEDINGS
This article is devoted to the analysis of the method of memory activation – cognitive interview. This article examines the results of research proving the advantage of the cognitive interview technique over interrogation under hypnosis. A positive example of the use of cognitive interview in solving a crime is given. The author compares the methods of hypnosis and cognitive interview with each other.
Keywords: memory, hypnosis, interrogation, cognitive psychology, criminology, cognitive interview, eyewitness witnesses, victim.
Bibliographic list of articles
1. Obraztsov V. A., Bogomolova S. N. Forensic psychology. – M.: Publishing house: Unity-Dana, Law and Law, 2002. – 448 p.
2. Maev V.K., Danchenko S.A. Hypnosis as a scientific and mental state. [Electronic resource]. — Access mode: https://scienceforum.ru/2023/article/2018034597/comments.
3. The memory activation method helped solve a murder 20 years ago 02-02-2024 ren.tv.
CRIMINALISTICS
VINNICHENKO Alexander Sergeevich
Ph.D. in Law, associate professor, associate professor of the Volgograd branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
GRINCHENKO Sergey Viktorovich
senior lecturer of Fundamentals of forensic science sub-faculty of the Volgograd Academy of the MIA of Russia
FEATURES OF INSPECTION AND PRELIMINARY EXAMINATION OF MECHANICAL LOCKS AT THE SCENE
Locks are one of the most frequently seized objects during inspections of burglary sites. A preliminary examination of the locks during the inspection of the scene allows the investigator to put forward versions about the event of the crime, the methods of its commission. The results of the preliminary study of the locks also allow us to obtain investigative information for the disclosure and investigation of the crime in the “hot pursuit”. This article discusses the methods of breaking padlocks, describes the traces of tools used to break into the vault. The traces that carry information about the staged hacking are indicated. The features of the preliminary investigation of locks directly at the crime scene are considered. Attention is drawn to objects that can be used by traceologists to identify the hacking tool. The assessment of the detectable signs formed during the criminal opening of locks is given.
Keywords: burglary mechanism, burglary tools, door release, identification, microrelief, identification, padlock.
Bibliographic list of articles:
1. Kondakov A.V., Dontsov D.Yu. Expert study of mechanical locks: textbook. – Volgograd, 2018. – 103 pp.
2. Potashnik S.I. Forensic examination of locks. – M., 1969. – 252 pp.
3. Gerasimov A. M., Kapitonov V. E., Martynov V. V. [etc.]. Forensic investigation of traces of burglary of metal storage facilities: a textbook. – M.: VNKTs Ministry of Internal Affairs of the USSR, 1991. – 72 p.
4. Traceology and traceability examination: textbook / I. V. Latyshov, D. Yu. Dontsov, E. V. Kitaev [etc.]; edited by I. V. Latyshova. Volgograd: VA Ministry of Internal Affairs of Russia, 2022. 524 p.
5. Traceology and traceability examination: textbook / I. V. Kantor (responsible editor), V. A. Yarmak, N. Yu. Zhigalov, P. P. Smolyakov (responsible secretary). — M: VA IMC GUK Ministry of Internal Affairs of Russia, 2002. – 376 p.
6. Traces at the scene of the incident: A quick reference book / Ed. I. P. Karlina. – 2nd ed., revised. and additional – M.: State Economic Center of the Ministry of Internal Affairs of Russia, 2000. – 104 p.
7. Mechanical locks. A reference manual for forensic experts, service specialists and testers / E. N. Pozdnyakov, I. S. Nikitin, V. N. Skripkin [etc.]; edited by Yu. M. Dildina. – M., 2011. – 208 p.
CRIMINALISTICS
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
EXPLOSIVE DEVICES AS RESEARCH OBJECTS IN FORENSIC EXPLOSIVE ENGINEERING
The article analyzes the investigation of incidents related to explosions. Research and development of new methods for detecting and protecting against explosive devices is critical to ensuring public safety. When organizing and planning the investigation of criminal explosions, it is necessary to take into account the type of explosive devices, their characteristics and potential consequences. The article pays special attention to the classification of explosive devices. In addition, modern ammunition is considered, such as “strike core” ammunition and cluster ammunition, which make up a significant part of the ammunition of modern aviation and artillery and are widely used in all conflicts of recent decades.
Keywords: explosion, ammunition, explosive device, forensic explosive engineering, scene, object of expertise, explosive technical expertise.
Bibliographic list of articles
1. Forensic weapons science: textbook / E. B. Melnikov, A. V. Repin, L. V. Dolgushina [and others]. – Krasnoyarsk: SibYuI Ministry of Internal Affairs of Russia, 2023. – 88 p.
2. Motorny I. D. Explosive devices and their forensic examination. – 1997. – P. 8-17.
3. Motorny I. D. Theoretical and applied principles of using means and methods of forensic explosives in the fight against terrorism. – M.: Shumilova I.I., 1999. – 199 p.
CRIMINALISTICS
KABAKOVA Ekaterina Sergeevna
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
LITVINOV Roman Viktorovich
lecturer of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
FEATURES OF THE INVESTIGATION OF CRIMES INVOLVING EXPLOSIVE DEVICES AND EXPLOSIVES
The investigation of crimes involving explosive devices and explosives is a complex and time-consuming process that requires highly qualified investigators, interrogators and experts. An important element of the investigation is the seizure of such devices or substances with minimal risk to the subjects of competent law enforcement agencies. The article analyzes the features of both the investigation of such crimes, as well as the use of physical research methods.
Keywords: explosive devices, explosives, investigation of crimes, crimes using explosive devices, investigation methods, expert, criminologist, features of crime investigation.
Bibliographic list of articles
1. The number of crimes using weapons in Russia has increased by almost 30%. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/5681005 (date of access: 01/31/24).
2. In the Russian Federation in January, the number of crimes involving weapons and explosives increased by 50% (tass.ru). [Electronic resource]. – Access modea: https://tass.ru/obschestvo/17194813?ysclid=ls1a3y89oe725122541 (date of access: 01/31/24).
3. Kotkin P. N. Investigation of emergency incidents associated with explosions, fires and disablement of vehicles: monograph. – M., 2004. (date of access: 01/31/24).
4. Shavlyukevich G. L., Klimovich S. V. About explosive technical and explosive technological examinations // Forensic examination of Belarus. – 2016. – No. 2 (3). – pp. 18-20 (date of access: 01/31/24).
5. Bastrykin A.I. Forensics. Modern methods of forensic research: a textbook. – St. Petersburg: Olga LLC, 2003. (date of access: 01/31/24).
CRIMINALISTICS
KADIEV Hamid Rizvanovich
magister student of the 2nd year of full-time study of the Institute of Law of the Dagestan State University, Makhachkala
SEFIKURBANOV Kazimagomed Sefikurbanovich
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
SEARCH AND SEIZURE AS INVESTIGATIVE ACTIONS
This scientific article examines the importance and features of conducting a search and seizure as important investigative actions in the criminal process of the Russian Federation. The author analyzes the legislative norms concerning the conduct of search and seizure, as well as judicial practice and precedents related to these procedural measures. Special attention is paid to the rights and obligations of the parties during the search and seizure, as well as their role in ensuring the legality and objectivity of the investigation of crimes. The article also analyzes possible problems and shortcomings in the application of these investigative actions, as well as suggests ways to optimize them in order to ensure respect for the constitutional rights of citizens and ensure the effectiveness of criminal proceedings in the Russian Federation.
Keywords: search, seizure, criminal procedure, legislation, rights of the parties, judicial practice, constitutional rights.
Bibliographic list of articles
1. Zadvorny D. A. Search and seizure in criminal proceedings // Matrix of scientific knowledge. – 2019. – No. 10. – P. 80-84.
2. Lutsenko O. A., Drigola E. V. Personal search as an investigative action and personal search as a measure to ensure proceedings in an administrative offense case: comparative characteristics // Science and education: economy and economics; entrepreneurship; law and management. – 2020. – No. 10 (125). – pp. 131-134.
3. Maltseva A. Yu. Current issues of search and seizure // Law as the art of goodness and justice: collection of scientific works of the 3rd All-Russian scientific conference in memory of Doctor of Law, Professor O. G. Larina, Kursk, November 10 2022 / Southwestern State University; Union of Criminologists and Criminologists; Moscow State Law Academy named after O. E. Kutafin. – Kursk: Southwestern State University, 2022. – pp. 215-218.
4. Marisov A. A., Polovetsky O. I., Archakov M. Z. grounds for conducting a search // My professional career. – 2022. – T. 1. No. 37. – P. 100-106.
5. Fomichev S. M. Search and seizure as investigative actions // Trends in the development of science and education. – 2022. – No. 82-4. – pp. 120-123.
CRIMINALISTICS
LONSCHAKOVA Angella Rashitovna
Ph.D. in Law, associate professor of the Academy of Management of the MIA of Russia
THEORETICAL AND METHODOLOGICAL FOUNDATIONS OF CRIMINALISTIC CRIME PREVENTION IN THE CONTEXT OF DIGITAL TRANSFORMATION OF SOCIETY
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 statistical data on the state of crime and empirical material indicates the insufficient role of criminology in ensuring crime prevention. Criminalistic provision of crime prevention in the context of the digital transformation of society is possible, to a large extent, on the basis of the development of conceptual foundations based on the theoretical prerequisites for the formation and on the research, resolution of methodological problems of theory . The theoretical and methodological foundations of criminalistic crime prevention are analyzed in dialectical unity.
Keywords: forensic support, crime prevention, theoretical background, methodological problems, digital transformation, dialectical unity.
Bibliographic list of articles
1. Averyanova T.V. Forensic examination. General theory course. – M.: Norma, 2009. – 480 p.
2. Aliev I. A. Problems of expert prevention. – Baku, 1991. – 311 p.
3. Akhlibinsky B.V., KrAinskaya E. B., Sichivitsa O. B., Shtoff V. A. The concept of “system” and its methodological significance. In the thematic collection: Methodological aspects of materialist dialectics. – Leningrad: Leningrad State University named after. A. A. Zhdanova, 1974. – P. 132.
4. Belkin R. S. Course of criminology in 3 volumes. T. 1. General theory of criminology. – M.: Yurist, 1997. – 408 p.
5. Boush G. D., Razumov V. I. Methodology of scientific research (in candidate and doctoral dissertations): textbook. – M.: INFRA-M, 2023. – 227 p.
6. Vinberg A. I., Malakhovskaya N. T. Forensic expertology (general theoretical and methodological problems of forensic examinations): textbook. – Volgograd: Higher Investigative School of the USSR Ministry of Internal Affairs. 1979. – 184 p.
7. 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.
8. Zudin V.F. Social crime prevention: criminological and forensic problems. – Saratov, 1983. – 188 p.
9. Ivanov I.I. Forensic prevention (comprehensive study of genesis, condition, prospects): dis. … Doctor of Law. – M., 2004. – 418 pp.
10. Kanevsky L. L., Luzgin I. M., Minkovsky G. M. Organizations and methods of investigating cases of juvenile crimes: a textbook. – M., 1982. – 68 p.
11. Kolmakov V.P. Identification actions of the investigator. – M., 1977. – 112 pp.
12. Luzgin I.M. Methodological problems of investigation. – M.: Legal. lit., 1973. – 216 pp.
13. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. – M.: “AZ”, 1995. – P. 572.
14. Reale D., Antiseri D. Western philosophy from its origins to the present day. Volume 4. From romanticism to the present day. – St. Petersburg: TK Petropolis LLP, 1997. – 880 p.
15. Rossinskaya E. R. Theory of forensic examination: textbook / E. R. Rossinskaya, E. I. Galyashina, Zinin A. M. / Ed. E. R. Rossinskaya. – M.: Norma: Infra-M, 2011. – 384 p.
16. Lonshchakova A. R., Lonshchakov A. A. Computer program “AUTOPROTOCOL”. Certificate of registration of a computer program No. 2024614431 dated February 26, 2024.
17. Makhtaev M. Sh., Yablokov N. P. Forensic prevention: history of formation, modern problems. – M., 2016. – 288 p.
18. Fridman I. Ya. Forensic examination and issues of preventing certain types of crimes: dis. … Doctor of Law. Sci. – M., 1973. – 408 p.
CRIMINALISTICS
MUSTAFINA Gulnara Mazhitovna
associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ON THE LIMITS OF USING THE TESTIMONY OF OPERATIONAL STAFF AS EVIDENCE
This article discusses the specifics of interrogation as a witness in a criminal case of an operational officer and other officials of a law enforcement agency within the framework of a preliminary investigation or during a court hearing. During the research, the analysis of judicial and investigative practice and the position of the Supreme Court of the Russian Federation was carried out. The limits of using the testimony of operational personnel as evidence in a criminal case have been determined.
Keywords: human and civil rights and freedoms, crime prevention, operational investigative measures, criminal proceedings, operational investigative activities, interrogation of operational law enforcement officials, interrogation of a witness, an operational officer, limits of the use of evidence.
Bibliographic list of articles
1. Nugaeva E. D., Imaeva Yu. B., Mursalimov A. T., Mustafina G. M. Investigation of crimes related to the illicit trafficking of narcotic drugs and psychotropic substances: a textbook. – Ufa: Ufa Judicial Institute of the Ministry of Internal Affairs of Russia, 2022. – 256 p. – Text: direct.
2. Zhilkin M. G. On the issue of the moment of the end of the crime // Siberian Legal Bulletin. – 2022. – No. 4 (99). – pp. 63-74.
3. Ivanov P. I., Kustov A. M. Peculiarities of using in proving the results of operational investigative activities in criminal cases // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2018. – No. 2 (46). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-ispolzovaniya-v-dokazyvanii-rezultatov-operativno-razysknoy-deyatelnosti-po-ugolovnym-delam (date of access: 01/18/2024).
4. Murashkin I. Yu. The prosecution as the subject of proving innocence // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (68). – pp. 25-29.
5. What investigators and police officers can be questioned about in court: Position of the Supreme Court of the Russian Federation dated April 20, 2021. [Electronic resource]. – Access mode: https://vsrf.ru/press_center/mass_media/29884/
CRIMINALISTICS
POPOV Vladimir Anatoljevich
Ph.D. in Law, Head 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 of the Academy of the FPS of Russia
SEARCH AND COGNITIVE ACTIVITY OF THE INVESTIGATOR AT THE STAGE OF PRELIMINARY INVESTIGATION
This article reveals the content of the purpose and objectives of the investigator’s search and cognitive activity at the stage of preliminary investigation. One of the urgent tasks of criminology is to increase the effectiveness of the investigator’s search and cognitive activity in the disclosure and investigation of a criminal case. At the stage of the preliminary investigation, the investigator mainly solves the search and cognitive tasks of establishing the event of the crime and the person who committed it. After the identification and involvement of a person as an accused, the investigator collects evidence to confirm the facts that were established at the initial stage of the investigation. In the course of carrying out search and cognitive activities, the investigator establishes factual data of evidentiary value, and, conversely, in the process of proving, it often becomes necessary to carry out search and cognitive activities.
Keywords: criminalistic methodology, search and cognitive processes, the trace pattern of the crime, the mechanism of the crime, the investigation of a criminal case.
Bibliographic list of articles
1. Dikunov A.I. Forensic analysis of the trace pattern of the event under investigation with signs of a crime. Author’s abstract. dis. … Ph.D. – M., 2005. – P. 14.
2. Pristanskov V. D. Crime event as an object of forensic knowledge // Bulletin of St. Petersburg University. Right. – 2018. – No. 9 (1). – P. 79.
3. Krasnenko Yu. V. Forensic activity in solving search and cognitive problems in the investigation of crimes // Agrarian and land law. – 2019. – No. 6 (174). – P. 125.
4. Kornoukhov V. E. Methodology for investigating crimes: theoretical foundations. – M., 2012. – P. 108.
5. Zyuzina I.V. Identification of the trace pattern of crimes committed in conditions of non-obviousness // Law and Law. – 2020. – No. 7. – P. 170.
6. Gorbenko T.V. On the issue of determining search and cognitive investigative actions // Scientific notes of the Crimean Federal University named after V.I. Vernadsky. Legal sciences. – 2021. – T. 7 (73). No. 2. – P. 198.
7. Korma V. D. Some problems of crime investigation methods // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – No. 3. – P. 80.
CRIMINALISTICS
SEDOV Dmitry Vladimirovich
Ph.D. in technical sciences, associate professor of Control and supervisory activities sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy EMERCOM of Russia, Zheleznogorsk
THE AMOUNT OF PROPERTY LIABILITY FOR ACCIDENTS OCCURRING IN THE AREAS BEING REPAIRED: THE PROBLEM OF DETERMINING AND SOLVING THE WAY
High intensity of road operation, significant loads and negative climatic conditions lead to the destruction of the road surface. Roads built in violation of technology are destroyed several times faster. All this affects the level of road safety: about 21% of road accidents in Russia occur due to unsatisfactory road conditions. In this regard, the volume of repair work increases every year, but the repaired areas, in the presence of violations of safety requirements, themselves become hotbeds of accidents. In such cases, responsibility for the accident lies with the road repair service and the driver. However, in expert practice, methods are not used that allow, from a technical point of view, to determine the amount of property liability of these parties. As a result, court decisions are characterized by a high degree of uncertainty. The development of such expert methods is a fairly urgent task.
Keywords: highway, road work, road accident, road conditions, road repair service, driver, theory of risk, property liability, proportions for damages.
Bibliographic list of articles
1. 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 p.
2. Construction of roads in Russia and China. // Spydell.Livejournal. [Electronic resource]. – Access mode: https://spydell.livejournal.com/639400.html/ (date of access: 09/21/2023).
3. Roads in Russia: there will be local roads if the governor and the mayor agree // RCMM. [Electronic resource]. – Access mode: http://rcmm.ru/dorozhnoe-stroitelstvo/40174-dorogi-v-rossii-mestnym-dorogam-byt-esli-gubernator-i-mer-dogovoryatsya.html (access date: 09/21/2023).
4. Decision of the Nadym City Court of the Yamalo-Nenets Autonomous Okrug dated November 26, 2010 in case No. 2-2029/2010 // Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 06/21/2023).
5. Decision of the Industrial District Court of Smolensk dated December 16, 2011 in case No. 2-2865/2011 Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/pNf3kpnDQQQL/ (date of access: 06/21/2023).
6. Decision of the Kataysky District Court of the Kurgan Region dated 03/02/2011 in case No. 2-5/2011 // Judicial and normative acts of the Russian Federation. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 06/21/2023).
7. On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation (latest edition). Federal Law of November 8, 2007 No. 257-FZ // Rossiyskaya Gazeta, No. 254, November 14, 2007. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_72386/ (date of access: 09/21/2023).
8. Stolyarov V.V. Risk theory in forensic technical examination of road accidents involving pedestrians (+ABS): monograph. – Saratov, 2010. – 340 pp.
9. Sirokhin A.I. Analysis of the main approaches to the study of the careless form of guilt and its types in the criminal law of Russia // Bulletin of the All-Russian Research Institute of the Ministry of Internal Affairs of Russia. – 2004. – No. 1. – pp. 63-74.
CRIMINALISTICS
KLYUEVA Yuliya Alexeevna
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
EXPANSION OF THE CONCEPTUAL AND TERMINOLOGICAL APPARATUS OF FORENSIC EXAMINATION OF PSYCHOACTIVE SUBSTANCES AS A FORM OF CONCRETIZATION OF THE SUBJECT OF COGNITION
The article examines the conceptual apparatus of forensic examination of psychoactive substances, taking into account the provisions of normative acts regulating the circulation of narcotic drugs and psychotropic substances, and identifies the system of psychoactive substances that are objects of forensic examination. The comparison of departmental orders of three law enforcement agencies concerning the conduct of forensic examinations, including narcotic drugs and psychotropic substances, is given. A new name for the type of forensic examination is proposed, within the framework of which the study of psychoactive substances is carried out.
Keywords: conceptual apparatus of forensic examination, psychoactive substances, objects of forensic examination of narcotic drugs and psychotropic substances, departmental orders.
Bibliographic list of articles
1. Pigolkin A. S. Legal terminology and ways to improve it // Scientific notes. Scientific notes of VNIISZ. – M.: Publishing house VNIISZ, 1971, Issue. 24. – pp. 18-34.
2. Vladimirov V. Yu., Kovalev A. V., Sidorenko V. A. On the need to develop the basic provisions and conceptual and terminological apparatus of the emerging branch of scientific and practical knowledge “Pseudo-legal circulation of potentially hazardous materials, substances and products. Genesis, signs, prevention” // News of Saratov University. New episode. Series: Economics. Control. Right. – 2020. – T. 20. No. 2. – P. 181-186.
3. Vladimirov V. Yu., Gorbulinskaya I. N., Kovalev A. V. Forensic examination as a tool for identifying hybrid means of mass destruction of people // Collection of abstracts based on the results of the Professorial Forum 2019 “Science. Education. Regions”. – Moscow, 2019. – pp. 64-69.
4. Shlyakhov A. R. Classification of forensic examination // Sat. scientific tr. VNIISE “General teaching on forensic methods”. – Vol. 28. – M., 1977. – P. 16.
5. Rossinskaya E. R. Classification of forensic examinations in line with the standardization of forensic activities / Materials of the International Scientific and Practical Conference “Problems of classification of forensic examinations, certification and validation of methodological support, standardization of forensic activities” (Moscow, January 21, 2016 ). – M.: Prospekt, 2016. – P. 234-239.
6. Dyakonova O. G., Ivanova E. V. Classification of forensic examinations: expertological approach // Theory and practice of forensic examination. – 2022. – T. 17. No. 2. – P. 75-82.
7. Belkin R. S. Course of criminology: in 3 volumes. T. 2. Particular forensic theories. – Moscow: Lawyer, 1997. – 463 p.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associatee professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
SOME FEATURES OF THE DRUG SITUATION IN MODERN CONDITIONS (ON THE EXAMPLE OF THE KRASNOYARSK TERRITORY)
Based on the totality of official statistics and the results of sociological surveys conducted in the Krasnoyarsk Territory during the annual monitoring of the drug situation in the Russian Federation, the article examines the features of the modern drug situation, taking into account the realities of the transformation of society. Some factors determining the expansion of drug trafficking in such periods of social development are being investigated. Attention is focused on the intensification of drug distributors’ co-option of new drug users among adult men and in social groups of the population who assess their financial situation as low-income.
Keywords: drug situation, anesthesia, drug addiction, monitoring of drug situation, causes of drug use, anti-drug prevention.
Bibliographic list of articles
1. Grigorenko D. E. Transformation of society and its uncontrollability // Central Russian Bulletin of Social Sciences. – 2011. – No. 3 (20). – P. 30-35.
2. Nevirko D. D., Teplyashin P. V., Stupina S. A. 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 (according to the results of sociological research) // Bulletin of the Siberian Legal Institute of the Federal Drug Control Service of Russia. – 2014. – No. 4 (17). – pp. 96-105.
3. The state of the drug situation in the Krasnoyarsk Territory according to the results of sociological research in the format of annual monitoring in 2022 / Shinkevich V. E., Ben E. N., Molokov V. V., Mamai E. A., Kalinichenko Ya. 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 Legal disciplines sub-faculty of the Dagestan State University, branch in Izberbash
ASKHABAROVA Madina Eldarkhanovna
student of the 4th course full-time department, the direction of “jurisprudence” (bachelor’s degree) of the Dagestan State University, branch in Izberbash
ABAKAROVA Bika Gadzhishamkhalovna
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, the Department of Specialized Education of the Dagestan State University, branch in Izberbash
CRIMINOLOGICAL CHARACTERISTICS OF IATROGENIC CRIME AND THE MAIN DIRECTIONS FOR ITS PREVENTION
Iatrogenic crimes are socially dangerous, as the harm is caused by a person belonging to the sphere of medical services. The article analyzes the problems related to iatrogenic crime, gives the analysis of statistics, analyzes the reasons generating this crime, gives the characteristic of the personality of iatrogenic criminal. Criminological characterization of iatrogenic crimes, in fact, is the analysis and study of crimes that arise as a result of the activities of health care workers, including doctors, nurses and other health care personnel.
A necessary condition for the successful prevention of unintentional crimes by health workers is the creation of a sustainable legal framework, including a set of multi-level sources regulating the activities of various actors to prevent unintentional crimes, based on universally recognized international and national principles and provisions aimed at the effective protection of human health.
Keywords: iatrogenic crimes, causes of criminality, responsibility of medical workers, personality of the offender, directions of prevention
Bibliographic list of articles
1. Bimbinov A. A. Medical crimes: concept and status // Legal. Herald of Dagestan. state un-ta. 2019. T. 28. No. 4. pp. 136-140.
2. Bogomolova K. I., Kasaev I. Kh. On the issue of improving the activities of law enforcement agencies in identifying and preventing iatrogenic crimes // Bulletin of the State Law Academy. 2020. No. 1 (132). P. 181.
3. Kudakov A.V. Medical error and its criminal legal assessment: abstract. dis. …cand. legal Sci. Saratov, 2011. P. 13.
4. Official website of the Judicial Department of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://stat.api-press.rf/stats/ug/t/14/s/17 (access date: 01/10/2024)
LAW ENFORCEMENT AUTHORITIES
VALIAKHMETOV Ruslan Rasulevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA ofRussia
ULRICH Sergey Alexandrovich
Ph.D. in technical sciences, associate professor, Deputy Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
SAMIKOV Albert Zabirovich
lecturer of the Cycle of Cynology of the Ufa School for Training Cynologists of the MIA of Russia
PROBLEMATIC ASPECTS OF ENSURING THE PERSONAL SAFETY OF AN INTERNAL AFFAIRS OFFICER WHEN USING FIREARMS
The presented article is devoted to issues related to ensuring the personal safety of law enforcement officers when using firearms. The authors have made attempts to study the most problematic aspects that prevent the creation of the most favorable conditions and circumstances conducive to ensuring personal safety, consisting of two most important components: physical and psychological preparedness of a police officer. In addition, the most effective forms of development and improvement of the use of firearms and qualitative types of the educational process were proposed, which allowed employees of the internal affairs bodies of the Russian Federation to master and develop theoretical knowledge and practical skills.
Keywords: personal safety, police officer, firearms, physical and psychological aspect, “offhand”, “duel shooting”, “slow methods”, “express methods”.
Bibliographic list of articles
1. Akhiyarov R. A., Koshevets G. V. Ensuring the personal safety of an employee of internal affairs bodies // Eurasian Legal Journal. – 2021. – No. 2 (153). – pp. 364-365. – EDN ZCITRR.
2. Goryun K. N. Shooting “offhand” as a set of actions with weapons that ensures the personal safety of a police officer in the event of fire contact // Current issues in the tactics of protecting public order and public safety: Collection of scientific articles Proceedings of the interuniversity scientific-practical conference, Irkutsk, January 27, 2017. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2017. – P. 28-32. – EDN YGHJGH.
3. Ponomarev N. N. Consolidating the skills of shooting from combat hand-held small arms among cadets studying in the specialization “Activities of special units of internal affairs bodies” // Current issues of improving the special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: Materials of the All-Russian Scientific and Practical Conference, Krasnodar, April 28, 2015 / Krasnodar University of the Ministry of Internal Affairs of Russia. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of Russia, 2015. – P. 254-258. – EDN VMWTGT.
4. Chunosov M. A., Taranin M. A. Psychological self-regulation as a condition for the successful fulfillment of operational and official tasks by an employee of internal affairs bodies // Problems of modern pedagogical education. – 2018. – No. 58-3. – pp. 371-373. – EDN YSTYZZ.
5. Nenashev L.N., Shapochansky V.N. Training in aiming during high-speed pistol shooting // Alley of Science. – 2018. – T. 2. No. 8 (24). – pp. 461-464. – EDN YLZCNF.
LAW ENFORCEMENT AUTHORITIES
GABDRASHITOVA Karina Irekovna
lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
LAZAREVICH Maxim Viktorovich
senior of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
KUCHUMOV Dmitriy Vyacheslavovich
senior lecturer of Physical training sub-faculty of the Ural Law Institute of the MIA of Russia
BORMOTOV Igor Vladimirovich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
MODELING OF INDIVIDUAL REQUIREMENTS FOR EMPLOYEES OF THE DEPARTMENT OF INTERNAL AFFAIRS WHO CARRY OUT STATE PROTECTION, USING THE EXAMPLE OF PHYSICAL TRAINING OF OTHER SPECIAL UNITS
The use of a variety of tools and methods aimed at improving the physical development of an employee allows you to prepare for the most unexpected practical situations in which determination and courage are required to fight crime. Therefore, in order to successfully perform official duties, as well as assignments during the performance of special official operations, a future DIA employee must have a high level of physical qualities such as flexibility, strength, dexterity, speed and endurance.
Law enforcement officers are the main subject in ensuring the protection of public order and public safety, they need to continuously improve their skills and abilities in the field of self-defense and protection of citizens from threats to life and health.
Keywords: professional training, physical training, physical qualities, combat fighting techniques, physical qualities, state protection, hand-to-hand combat.
Bibliographic list of articles
1. On state protection of victims, witnesses and other participants in criminal proceedings: Federal Law of August 20, 2004 No. 119-FZ // Reference legal system “Garant”. – [Electronic resource]. – Access mode: https://base.garant.ru/12136633/ (access date: 02/20/2024). – Text: electronic.
2. Babin A.V., Mingulov I.R. Features of the formation of strength abilities among employees of the Department of Internal Affairs of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, Orel, June 23, 2022. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V.V. Lukyanova, 2022. – P. 30-33. – EDN OKKFHP.
3. Ivanov A. I., Mavropulo O. S., Tashchiyan A. A. [et al.] Studying the nature of attacks on police officers in the performance of official duties as the basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia // Scientists Notes from the University P. F. Lesgaft. – 2023. – No. 4 (218). – pp. 130-134. – DOI 10.34835/issn.2308-1961.2023.04.p130-135. – EDN EQRRUF.
4. Khorolsky V.V., Nadtoka S.V., Koloyago P.V., Babin A.V. Activities of police officers during the period of special administrative-legal regimes // Review of pedagogical research. – 2023. – T. 5. No. 2. – P. 33-36. – EDN DYKLKB.
LAW ENFORCEMENT AUTHORITIES
GUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHABAEV Vadim Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
TORGERSEN Alexander Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
METHODOLOGICAL GUIDELINES FOR ENSURING THE PERSONAL SAFETY OF POLICE OFFICERS DURING COMBAT IN URBAN CONDITIONS
Conducting small arms combat in urban environments is a tactically complex operation performed by law enforcement officers in an urban environment, often in conditions of dense buildings and the presence of civilians. This may include various tactics adapted to work in an urban environment to ensure safety and task completion. In this article, the authors will provide general instructions on ensuring the personal safety of police officers during small arms combat.
Keywords: police officers, shooting combat, urban conditions, personal safety.
Bibliographic list of articles
1. Vshivtsev S. Features of actions in urban conditions. [Electronic resource]. – Access mode: https://proza.ru/2011/01/14/536 (date of access: 12/10/2023).
2. Guseinov A. A. On the importance of psychological training of cadets of educational organizations of the Ministry of Internal Affairs of Russia for the use of firearms / A. A. Guseinov, V. I. Davletov // Current problems of the theory and practice of special training in internal affairs bodies: Collection of scientific articles. All-Russian Scientific and Practical Conference, Moscow, October 6, 2021. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2021. – P. 98-100. – EDN EZNTPY.
3. Guseinov A. A., Zhuravlev A. S. Taking into account dangerous places when developing alternate routes for the movement of a protected person when implementing the security measure “personal security” // Eurasian Legal Journal. – 2021. – No. 6 (157). – pp. 410-411. – EDN EEEELC.
4. Kopylov V.V., Semenov Yu.N., Demidov V.N., Close range combat – an innovation in the professional training of police officers // Psychology and pedagogy of service activities. – 2021. – No. 4. – P. 209-213. [Electronic resource]. – Access mode: https://doi.org/10.24412/2658-638X-2021-4-209-213 (access date: 12/15/2023).
5. Pavlov I.M. Tactics of a police officer during fire contact at close range // Almanac of modern science and education. – Tambov: Certificate, 2015. – No. 4 (94). – pp. 116-118. [Electronic resource]. – Access mode: https://www.gramota.net/materials/1/2015/4/28.html (access date: 12/15/2023).
LAW ENFORCEMENT AUTHORITIES
DAMINOV Ainur Aidarovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHOKHIN Vladimir Evgenjevich
senior lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russia
PODKOVKA Svetlana Valerjevna
lecturer of the Cycle of Professional Service and Physical Training of the Ufa School for Training Dog Handlers of the MIA of Russia
PSYCHOLOGICAL BARRIERS WHENPREPARING TO SHOOT DURING FIRE TRAINING CLASSES
This article examines the psychological barriers that cadets encounter when preparing for shooting during fire training classes, and analyzes the main psychological aspects that influence the effectiveness of training and achievement of results in shooting training. Particular attention is paid to factors that cause psychological barriers, such as stress, anxiety, apathy, etc. Emphasis is placed on the need to perform special training that reduces the emotional tension of cadets.
Keywords: fire training, service in the police department, psychological barriers, emotional tension.
Bibliographic list of articles
1. Zarubina A. S. Psychological training of the shooter. – Barnaul, 2020. – P. 89.
2. Kudryavtseva R. A., Beltsev V. V. Psychological training of the shooter. In the collection. – Krasnodar, 2014. – P. 116.
3. Karimov A. A. On the readiness of a police officer to use firearms. – Kazan, 2017. – P. 137.
LAW ENFORCEMENT AUTHORITIES
ZABOLOTNYKH Alexander Alexandrovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
IMANGAZHINOV Dosbolat Toktubaevich
head of the cycle – lecturer of the Cycle of Cynology of the Ufa School for the Training of Dog Handlers of the MIA of Russia
NIKEROV Dmitriy Ivanovich
senior lecturer of Physical and tactical special training sub-faculty of the Samara Law Institute of the FPS of Russia
STANDARD FACTORS INFLUENCING THE RESULTS OF SHOOTING EXERCISES IN FIRE TRAINING FOR STUDENTS IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article discusses the most common problems of students in educational organizations of the Ministry of Internal Affairs of Russia related to fire training. There are also examples of eliminating shortcomings that arise during training. The issues of the need to acquire skills and abilities of fire training, as well as their application in practice, are disclosed. The authors of the article rightly point out that the main method of assessing the factors influencing the results of shooting exercises on fire in students in educational organizations The Ministry of Internal Affairs of Russia, which are typical from year to year, it is necessary to establish an algorithm of actions to solve this problem, which will facilitate the learning process and give better results. The authors have carefully analyzed the disadvantages of those methods that are used in the modern educational process and proposed alternative methods.
Keywords: fire training, police training, interactive learning tools, vocational training, educational organizations, the Ministry of Internal Affairs of Russia, cadets, trainees.
Bibliographic list of articles
1. Murtazin A. I. Specifics of teaching fire, physical and tactical-special training to students in educational organizations of the Ministry of Internal Affairs of Russia // Current issues of improving fire and physical training of students in educational organizations of the Ministry of Internal Affairs of Russia: collection of materials of the All-Russian Conference, Ufa, June 17, 2021 of the year. – Ufa Judicial Institute of the Ministry of Internal Affairs of Russia: Ufa Judicial Institute of the Ministry of Internal Affairs of Russia, 2021. – P. 86-88. – EDN ATCOYH.
2. Daminov A. A. Internal psychological state when shooting from a Makarov pistol of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // VIII All-Russian scientific and practical conference “Topical issues of improving special training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia” 2021.
3. Zabolotnykh A. A. Some issues of improving fire training classes in the internal affairs bodies of the Russian Federation // Current issues of improving fire, physical and tactical-special training of students of educational organizations of the Ministry of Internal Affairs of Russia: collection of materials of the All-Russian Scientific and Practical Conference, Ufa, 16 June 2022. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022.
4. Order of the Ministry of Internal Affairs of Russia of November 23, 2017 No. 880 “On approval of the Manual on fire training in the internal affairs bodies of the Russian Federation.”
LAW ENFORCEMENT AUTHORITIES
GUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
SHABAEV Vadim Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia
BAYKALOV Vladislav Alexandrovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
METHODOLOGICAL MATERIAL FOR TEACHING TACTICS OF POLICE OFFICERS IN THE CONDITIONS OF ATTACK BY UNMANNED AERIAL VEHICLES
An analysis of modern articles reflecting the results of research in various fields of science and technology indicates that the topic of the development and application of unmanned aerial vehicles (hereinafter referred to as UAVs or drones) occupies many researchers. According to the author, the topic of security should occupy an important place among the issues under consideration. In the event of an attack using a UAV, it is important for a police officer to take appropriate measures to protect himself and others. This article provides methodological material containing certain recommendations on tactics in such an attack.
Keywords: police officer, unmanned aerial vehicle, attack, security, tactics of action.
Bibliographic list of articles
1. Vechernikova D.V., Marina A.A. Current issues related to the use of unmanned aerial vehicles in law enforcement // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. 2022. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-voprosy-svyazannye-s-primeneniem-bespilotnyh-vozdushnyh-sudov-v-pravoohranitelnoy-deyatelnosti (date of access: 12/05/2023).
2. Guseinov A. A., Karelkin E. N., Shabaev V. V. On the issue of tactical actions to combat cybercrime // Eurasian Legal Journal. – 2022. – No. 2 (165). – pp. 272-273. – EDN BEGXKV.
3. Semenova K. S. Assessment of the condition of underground engineering structures of the reclamation system using humidity maps obtained from remote sensing data of the earth using a DJI PHANTOM 4 MULTISPECTRA unmanned aerial vehicle // Nature Management. – 2023. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otsenka-sostoyaniya-podzemnyh-inzhenernyh-sooruzheniy-meliorativnoy-sistemy-s-pomoschyu-kart-vlazhnosti-poluchennyh-na-osnove (access date: 12/01/2023 ).
4. Tarasov Ya. O. Quadrocopters: design, construction and testing // News of Tula State University. Technical science. – 2023. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kvadrokoptery-proektirovanie-konstruirovanie-i-ispytaniya (date of access: 12/01/2023).
5. Khaminsky Ya. M. International experience in countering attacks by combat unmanned aerial vehicles (UAVs) // Advances in law studies. – 2023. – Volume 11. – No. 2. [Electronic resource]. – Access mode: https://naukaru.ru/ru/nauka/article/67850/view (date of access: 12/01/2023).
LAW ENFORCEMENT AUTHORITIES
NIKITIN Alexander Igorevich
associate professor of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ARKHIPOV Evgeniy Vladimirovich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer of the Barnaul Law Institute of the MIA of Russia
ON THE ISSUE OF INNOVATIONS IN THE FIRE TRAINING OF LAW ENFORCEMENT OFFICERS
The article is devoted to some problems of firearms training in educational institutions of the Russian Ministry of Internal Affairs. The article discusses the need to improve the quality and efficiency of firearms training. It is also vital to increase the use of shooting simulators in firearms training classes, which increases training efficiency, reduces training time, and also ensures safety. The use of shooting simulators during fire training classes increases the effectiveness of training.
Keywords: firearms training, training, shooting simulators, electronic computer simulator “Sсatt”, laser shooting range “Rubin”, shooting skills, safety, muscle memory, shooting performance.
Bibliographic list of articles
1. Pershin A. T., Bolshakova V. A., Gusevskaya K. S. The use of “Rubin” shooting simulators in the professional training of police officers // Symbol of Science. – 2021. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-strelkovyh-trenazherov-rubin-v-professionalnoy-podgotovke-sotrudnikov-politsii (date of access: 01/20/2024).
2. Penkova I.V. Osipov O.O., Menshchikov M.P. Use of the shooting computer simulator “SCATT” in fire training classes // Innovative methods and educational technologies for training employees of internal affairs bodies: Collection of materials of the All-Russian Scientific and Practical Conference , Rostov-on-Don, September 26, 2018. – Rostov-on-Don: Rostov Law Institute of the Ministry of Internal Affairs of the Russian FederationDerations, 2018. – pp. 38-44. – EDN VWJJCQ.
3. Goncharov S.V., Didyk B.V. Modern shooting simulators and their complex application in the process of fire training of cadets of military universities // World of Education – Education in the World. – 2016. – No. 3 (63). – pp. 193-198.
4. Bulavin D. A., Posokhov A. V., Surmilo S. V. Application of modern technologies in training in shooting from military weapons. In the collection: topical issues of improving physical culture and sports. Articles of the Interuniversity Scientific and Practical Conference. – St. Petersburg, 2021. – pp. 40-45.
LAW ENFORCEMENT AUTHORITIES
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
AFANASKIN Pavel Vladimirovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
ALEXEEV Artyom Vladimirovich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROBLEMATIC ISSUES OF THE USE OF FIREARMS BY POLICE OFFICERS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article is devoted to the use of firearms in the internal affairs of bodies of the Russian Federation, and the authors propose a consistent solution to these problems. The role of a police officer is also noted, which is one of the key means of ensuring security, that is, the state of protection from external and internal threats, directly on the territory of the Russian Federation. The total scope of their powers and the legality of their actions together constitute a guarantee of the internal sovereignty of our State.
Keywords: police officer, service weapon, holster, grounds for the use of firearms, Makarov pistol, safety.
Bibliographic list of articles
1. Ablaev R. R., Ablaev A. R. The powers of Russian police officers to use firearms in comparison with the powers of police officers in the USA and Great Britain // International Journal of Humanities and Natural Sciences. 2020. pp. 106-108.
2. The Ministry of Internal Affairs is experiencing a shortage of police officers in key departments // TASS Information Agency: [website]. [Electronic resource]. – Access mode: https://tass.ru (date of access: 01/20/2024).
3. On the police: Federal Law of February 7, 2011 No. 3. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 01/20/2024).
4. On approval of the Instruction on the procedure for issuing service combat hand-held small arms, ammunition and special equipment to employees of internal affairs bodies of the Russian Federation for permanent storage and carrying: Order of the Ministry of Internal Affairs of the Russian Federation of November 17, 1999 No. 938. [Electronic resource]. – Access mode: https://base.garant.ru (date of access: 01/20/2024).
5. They want to allow police officers to shoot to kill if there is a threat of attack // RIA Novosti online publication: [website]. [Electronic resource]. – Access mode: https://ria.ru (date of access: 01/20/2024).
6. Pyrchev S.V. Analysis of the practice of using firearms by employees of internal affairs bodies as a basis for modernizing legislation // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2021. pp. 74-86.
7. The Investigative Committee opened a criminal case after the defendant was attacked in Rostov-on-Don // RIA Novosti online publication: [site]. [Electronic resource]. – Access mode: https://ria.ru (date of access: 01/20/2024).
LAW ENFORCEMENT AUTHORITIES
PETROV Pavel Sergeevich
lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the Cycle of Cynology of the Ufa School for the Training of the Dog Hunglers of the MIA of Russia
ARKHIPOV Sergey Nikolaevich
associate professor of Fire training sub-faculty of the Tyumen Institute for Advanced Training of Employees of the MIA of Russia
PROBLEMS OF TRAINING EMPLOYEES OF INTERNAL AFFAIRS BODIES IN PRACTICAL SKILLS IN HANDLING FIREARMS. METHODOLOGY FOR DEVELOPING EMPLOYEE READINESS TO USE SERVICE WEAPONS
The article discusses the main directions for improving fire training of police officers in the current conditions. The practical activities of police officers involve their use of firearms, special means and physical force for the purposes and on the grounds provided for by the legislation of the Russian Federation. The law enshrines the law enforcement function of the police, which provides for ensuring law and order in the country by police officers serving to protect public order. Thus, often ensuring the legality of duty, a police officer uses physical force, special means and firearms. Efficiency and timeliness are the main criteria for assessing the level of preparedness of a police officer, by which his work can be assessed.
Keywords: fire training, crime control, security measures, law enforcement, law enforcement, official activities.
Bibliographic list of articles
1. Muzafin R.R. Current issues in the development of fire training in internal affairs agencies // Eurasian Legal Journal. – 2017. – No. 1 (104). – pp. 288-289. – EDN XXRKOR.
2. Petrov P. S. Problematic aspects of improving fire training for government employees // Current problems of the state and society in the field of ensuring the rights and freedoms of man and citizen (dedicated to the adoption of the Universal Declaration of Human Rights): collection of materials of the International Conference, Ufa, December 08, 2022 . – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 277-281. – EDN DEPNTJ.
LAW ENFORCEMENT AUTHORITIES
SOBOLEV Andrey Georgievich
Head of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
IMANGAZHINOV Dosbalat Toktaubaevich
Head of the cycle – lecturer of the Cycle of Cynology of the Ufa School for the Training of Cynologists of the MIA of Russia
ON THE PROBLEMS OF ENSURING INFORMATION SECURITY OF EMPLOYEES OF INTERNAL AFFAIRS BODIES
This article discusses some information security issues. Ensuring information security is the main activity of employees of the internal affairs bodies (hereinafter referred to as the Department of Internal Affairs). The significance of this issue is explained by the fact that due to a number of circumstances, for example, related to active hacker attacks, as well as negligent actions of law enforcement officers themselves and other reasons, both the professional reputation and personal safety and the safety of close relatives of a police officer are at risk. Within the framework of this article, the most relevant aspects of ensuring the information security of an internal affairs officer are considered, including common causes of information attacks, conditions and circumstances that create security threats, as well as the most optimal solutions to the stated problem .
Keywords: professional and personal security, information security, police officers, law enforcement agencies, challenges and threats, hacker attacks.
Bibliographic list of articles
1. Zavgorodniy E. N. Development of a system for ensuring information security in internal affairs agencies // StudNet. – 2021. – No. 7. – P. 811-821.
2. Bakulin V. M. On some aspects of ensuring information security by employees of internal affairs bodies // Scientific portal of the Ministry of Internal Affairs of Russia. – 2018. – No. 1. – P. 121-126.
3. Kobeleva N. A. Modern information technologies in law enforcement // Young scientist. – 2022. – No. 18. – P. 279-283.
LAW ENFORCEMENT AUTHORITIES
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
NIKIFOROV Pavel Vasiljevich
senior lecturer of Fire and technical training sub-faculty of the Barnaul law Institute of the MIA of Russia
PROFESSIONAL QUALITIES OF A POLICE OFFICER OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article reveals the basic requirements for a citizen to enter the service of the internal affairs bodies. First of all, these are the medical indicators of a person, his physical qualities, and the candidate must also have a high level of intelligence, flexibility of thought processes, creative thinking, observation, the ability to predict, developed intuition and good memory. The ability to take responsibility for the fate of another person.
Keywords: public order, psychological stability, personal qualities, law enforcement, police officer, law, firearms.
Bibliographic list of articles
1. Scientific article “On the issue of personal qualities of police officers” M. M. Osmanov. [Electronic resource]. – Access mode: https://cyberleninka.ru.article/n/k-voprosu-o-lichnostnyh-kachestvah-sotrudnikov-politsii/viewer (Date of access: 12.12.2023).
2. Professional training of police officers: Textbook in 2 hoursAstyakh / V. A. Galitkov, O. A. Zelenina, A. V. Korkin [and others]. Volume Part 2. – 2nd edition, revised and expanded. – Moscow: Department of Civil Service and Personnel of the Ministry of Internal Affairs of Russia, 2017. – 472 p. – EDN URSUII.
3. Murtazin A.I. Moral and psychological training of military personnel // Eurasian Legal Journal. – 2017. – No. 1 (104). – pp. 344-345. – EDN XXRKWJ.
4. Professional training of police officers: A textbook in 4 parts for cadets and students of educational organizations of the Ministry of Internal Affairs of Russia, employees of internal affairs bodies of the Russian Federation / R. V. Karamelsky, V. Yu. Baturin, D. A. Novokhatsky [and others]. Volume Part 2. – Moscow: Department of Civil Service and Personnel of the Ministry of Internal Affairs of Russia, 2020. – 360 p. – EDN TLAQMJ.
5. Muzafin R. R., Nikiforov P. V., Ten N. A. Practice-oriented approach to fire training classes // Eurasian Legal Journal. – 2021. – No. 3 (154). – pp. 410-411. – EDN AKQAME.
LAW ENFORCEMENT AUTHORITIES
YAKUSHEV Alexey Vadimovich
lecturer of Fire training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
KUZMICHEV Yuriy Vladimirovich
lecturer of Fire and tactical-special training sub-faculty of the Ufa Law Institute of the MIA of Russia
VINOKUROV Vitaliy Nikolaevich
senior lecturer of Technosphere safety sub-faculty of the State Agrarian University of the Northern Trans-Urals, Tyumen
USE OF BALLISTIC CALCULATORS IN TRAINING FREE SNIPER TEAM
The article presents the results of a study, the purpose of which was to theoretically substantiate the effectiveness of the proposed technology for using ballistic calculators in the training of freelance sniper teams of the Russian Ministry of Internal Affairs. An option is presented for modernizing traditional methods and didactic teaching aids, which are poorly correlated with the practice of using innovative information systems that can fill the gap in the methodological and pedagogical aspects of training employees of freelance sniper groups. The proposed assumption requires empirical verification, however, already at the present stage of the study, it becomes obvious that the research results can be applied in the practice of organizing the pedagogical process in order to achieve and maintain a high level of staff preparedness, the components of which are professional knowledge and sniper skills, which together allow solving problems in a variety of conditions the current operational situation.
Keywords: freelance sniper groups, professional skills, fire training, ballistic calculators.
Bibliographic list of articles
1. Gilev A. M., Kornoukhov M. E. Sniper training. Selection of candidates for sniper groups // Current problems of improving the skills of handling a machine gun (carbine) among law enforcement officers: a collection of materials from an international scientific and practical seminar held as part of the XII annual tournament named after. M. T. Kalashnikov in shooting from a machine gun (carbine) / Under the general. ed. S. M. Smoleva (Ryazan, Academy of the Federal Penitentiary Service of Russia, September 27, 2018). – Ryazan: Academy of Management and Law of the Federal Penitentiary Service of Russia, 2018. – pp. 89-94.
2. Boklashov V. N., Shpagin Yu. B., Boklashov N. M. Assessing the degree of risk of fighters of the anti-terrorist unit in the context of countering shooters and snipers of terrorist groups // Youth. Education. The science. – 2020. – No. 1 (15). – pp. 114-119.
3. Gagarin K. E., Tumakov N. N., Guzhvenko E. I. Application of electronic training devices in the sniper training system // Science and education of the XXI century: materials of the X international scientific-practical conference / Ed. A. G. Shiryaeva, A. D. Kuvshinkova (Modern Technical University, Ryazan, October 28, 2016). – Ryazan: Autonomous non-profit organization of higher education “Modern Technical University”, 2016. – P. 10-12.
4. Guzhov E. A., Lyashenko V. N. Problems of training snipers in the departments of the Department of Internal Affairs of the Ministry of Internal Affairs of Russia // Scientific and methodological problems of training instructors and pedagogical personnel in combat and physical training for internal affairs bodies: collection of materials of the VI interuniversity scientific and practical conference / Under general ed. L. I. Timoshenko, S. N. Kashina (Stavropol branch of the Krasnodar University of the Ministry of Internal Affairs of Russia, Stavropol, April 5, 2013). – Stavropol: Publishing House “Graf”, 2013. – P. 219-223.
5. Levshin R. B. Some issues of field training of a sniper // Ensuring human rights in the activities of law enforcement agencies: a collection of scientific works. – Tver: Tver State University, 2019. – pp. 157-163.
SAFETY AND LAW
ANISIMOV Sergey Leonidovich
Ph.D. in technical sciences, associate professor of Physics and radioelectronics sub-faculty of the Voronezh Institute of the MIA of Russia
SITNIKOV Kirill Alexeevich
Ph.D. in Law, senior lecturer of Theory of state and law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ISSUE OF THE CONCEPT OF “CRIMES IN THE FIELD OF HIGH TECHNOLOGY”
The rapid development of scientific and technological progress entails not only positive changes in production, spiritual life, etc. but also some negative consequences. The latter include the spread of high-tech crime. However, despite this, modern legal science and practice have not yet developed a unified approach to defining the concept of “crimes in the field of high technology”. The article analyzes the content of this category, as well as its relationship with “cybercrime”, “computer crimes”, “crimes in the field of computer information”. The source basis is the works of Russian scientists, as well as normative legal acts related to the activities of the Ministry of Internal Affairs of Russia, as well as a number of sources of international law. The authors’ conclusions are visualized using Euler circles.
Keywords: crimes in the field of high technology, computer crimes, cybercrime, fighting crime, Interpol.
Bibliographic list of articles
1. Mazurov V. A. Crime in the sphere of high technologies: concept, general characteristics, trends // Bulletin of Tomsk State University. – 2007. – No. 300-1. – pp. 151-154.
2. International cooperation within the framework of Interpol in combating crimes in the field of high technologies: educational and methodological manual / A. V. Kirnos, V. A. Kolesnikov, K. A. Sitnikov [and others]. – Voronezh, 2023. – 80 p.
3. Nikerov D. M., Khokhlova O. M. Crimes in the sphere of high technologies in modern Russia // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (89). – pp. 82-93.
4. Kopylov V. A. Information law: questions of theory and practice. – M.: Yurist, 2003. – P. 612–614.
5. Lyapunov Yu. I., Maksimov V. M. Responsibility for computer crimes // Legality. – 1997. – No. 1. – P. 8-15.
6. Korotkikh N. N., Ostanin M. D. On the issue of the relationship between the concepts of “crime in the field of computer information” and “computer crime” // Asia-Pacific region: economics, politics, law. – 2018. – T. 20. – No. 3. – P. 69-77.
7. Popov A. N. Crimes in the field of computer information: textbook. – St. Petersburg, 2018. – 67 p.
8. Butusova L. I. On the issue of cybercrime in international law // Bulletin of Economic Security. – 2016. – No. 2. – P. 48-52.
9. Ishchuk Ya. G., Pinkevich T. V., Smolyaninov E. S. Digital criminology: textbook. – Moscow, 2021. – 244 p.
10. Fomenko A. I. On the issue of criminal legal protection of the sphere of high technologies as a necessary condition for stable regional development // Intellectual resources for regional development. – 2015. – No. 1–5. – pp. 217-222.
11. Anosov A.V. The use of blockchain technology in the process of forming and recording criminological information // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2018. – T. 9. No. 2. – P. 111-115.
12. Shevko N. R. Features of detection and investigation of cybercrimes: problems and ways to solve them // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2016. T. 1. – No. 1 (1). – pp. 13-16.
13. Chirkov D.K., Sarkisyan A.D. Crime in the sphere of high technologies: trends and prospects // National Security. – 2013. – No. 1 (24). – pp. 25-32.
14. Dorovskikh L. A. Crimes in the sphere of high technologies // Cybercrime. – 2016. – No. 4 (28). – pp. 240-243.
15. Komarov A. A. On the criteria of public danger, crimes in the field of high technologies // Current issues of law, economics and management: collection. Articles IX International scientific-practical conf. – Penza, 2017. – pp. 243-245.
16. Anosov A.V., Kashapova E.S. The concept of crimes in the sphere of high technologies // Academic thought. – 2018. – No. 4 (5). – pp. 15-19.
SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty of the Ufa Law Institute of the MIA of Russia
ZAYTSEV Andrey Gennadjevich
lecturer of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia, Irkutsk
KOVALEV Timur Vitaljevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
PROTECTION OF CRITICAL INFORMATION INFRASTRUCTURE AS AN ELEMENT OF THE NATIONAL SECURITY OF THE RUSSIAN FEDERATION
Due to the widespread use of new information technologies, there is a need for more careful control over the information security of critical information infrastructures, since they are the basis for ensuring the vital activity of society and the state.
Keywords: national security, critical information infrastructure, information security, cyber incident.
Bibliographic list of articles
1. Truntsevsky Yu. V. Unlawful influence on critical information infrastructure: criminal liability of its owners and operators // Journal of Russian Law. – 2019. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nepravomernoe-vozdeystvie-na-kriticheskuyu-informatsionnuyu-infrastrukturu-ugolovnaya-otvetstvennost-ee-vladeltsev-i-ekspluatantov (date of access: 09/18/2023).
2. Duvayarova S. A. K. Problems of qualification of unlawful influence on the critical information infrastructure of the Russian Federation // E-Scio. – 2022. – No. 7 (70). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kvalifikatsii-nepravomernogo-vozdeystviya-na-kriticheskuyu-informatsionnuyu-infrastrukturu-rossiyskoy-federatsii (date of access: 09/18/2023).
3. Tidy D. Hacker tried to poison the water supply in Florida. 15 thousand people could become victims // BBC News 02/09/2021. [Electronic resource]. – Access mode: https://www.bbc.com/russian/news-55996116 (date of access: 09/18/2023).
4. Trefilov V. Hackers demanded 20 million dollars from the Irish medical service // RIA Novosti 05.19.2021. [Electronic resource]. – Access mode: https://ria.ru/20210519/khakery-1733001501.html (date of access: 09.18.2023).
SAFETY AND LAW
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol
WHY IS A NEW LAW “ON FORENSIC ACTIVITIES” NEEDED? (PART 1)
In 2001, a federal law was adopted regulating state forensic activity – Federal Law dated May 31, 2001 No. 73-FZ “On state forensic activity in the Russian Federation”. Judicial and investigative practice faces many difficulties associated with the production of forensic examinations. The article makes an attempt to systematize the problems and shortcomings of the law mentioned above, which regulates the activities of forensic institutions providing examinations, and which must be taken into account for the adoption of a new law “On Forensic Expert Activities.”
Keywords: federal law, forensic activity, expert, state and non-state expert activity, research methodology.
Bibliographic list of articles
1. Disadvantages in organizing the activities of forensic experts. [Electronic resource]. – Access mode: https://fparf.ru/news/fpa/nedostatki-v-organizatsii-deyatelnosti-sudebnykh-ekspertov/ (Date of access: 02.17.2024).
2. Amendments to the draft federal law No. 306504-6 “On forensic activities in the Russian Federation”, introduced by the Government of the Russian Federation, adopted by the State Duma in the first reading on November 20, 2013. [Electronic resource]. – Access mode: https://srosovet.ru/press/news/221123/ (Date of access: 02.19.2024).
3. List of types (types) of forensic examinations performed in federal budgetary forensic institutions of the Ministry of Justice of Russia: Appendix No. 1 to the order of the Ministry of Justice of the Russian Federation dated April 20, 2023 No. 72 “On approval of the list of types (types) of forensic examinations performed in federal budgetary forensic institutions of the Ministry of Justice of Russia, and the List of expert specialties for which the right to independently conduct forensic examinations in the federal budgetary forensic institutions of the Ministry of Justice of Russia is granted.” [Electronic resource]. – Access mode: https://docs.cntd.ru/document/1301402797 (Date of access: 02/19/2024).
4. List of types (types) of forensic examinations carried out in the forensic units of the internal affairs bodies of the Russian Federation: Appendix No. 2 to the order of the Ministry of Internal Affairs of Russia dated June 29, 2005 No. 511 (from the current edition) “Issues of organizing the production of forensic examinations in forensic examinations divisions of the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_55315/171f22ad9900f6b9d88242eab4a97f23c815fb19/ (Date of access: 02.19.2024).
5. On state forensic activity in the Russian Federation: federal. Law of May 31, 2001 No. 73-FZ (as amended) // IPO “Garant”. [Electronic resource]. – Access mode: https://base.garant.ru/12123142/ (Date of access: 02/19/2024).
6. On approval of the Instructions for organizing the production of forensic examinations in federal bureausjet forensic institutions of the Ministry of Justice of the Russian Federation: order of the Ministry of Justice of the Russian Federation dated December 28, 2023 No. 404. [Electronic resource]. – Access mode: https://base.garant.ru/408323575/#block_1000 (Access date: 02/19/2024).
7. On state protection of victims, witnesses and other participants in criminal proceedings: federal. Law of August 20, 2004 No. 119-FZ. [Electronic resource]. – Access mode: https://base.garant.ru/12136633/741609f9002bd54a24e5c49cb5af953b/ (Access date: 02/19/2024).
SAFETY AND LAW
CHERNOZEMOVA Yana Vadimovna
postgraduate student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
DEMIDOV Vladimir Pavlovich
Ph.D. in philosophical sciences, associate professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
THE MAIN DIRECTIONS OF COUNTERING INTERNATIONAL TERRORISM IN THE CONCEPT OF NATIONAL SECURITY OF THE RUSSIAN FEDERATION
The article examines the main directions of activity of the Russian Federation within the framework of ensuring national security in countering international terrorism. The system of legal acts regulating the provision of national security in the Russian Federation, the legal basis for the Russian Federation’s counteraction to international terrorism are analyzed, and the concepts of national security and international terrorism are explored.
Keywords: countering terrorism, national security, international terrorism, threat to national security.
Bibliographic list of articles
1. Kuleshov R.V. Typical investigative situations in cases of crimes in the field of extremist and terrorist activities // Forensics: yesterday, today, tomorrow. – 2020. – No. 4 (16). – pp. 46-53.
2. On information, information technologies and information protection: federal law of July 27, 2006 No. 149-FZ // Collection of legislation of the Russian Federation. – 07/31/2006. – No. 31 (part I). – Article 3448.
3. On security: federal law of December 28, 2010 No. 390-FZ // Russian newspaper. – No. 295. – 12/29/2010.
4. On the National Security Strategy of the Russian Federation: Decree of the President of the Russian Federation dated July 2, 2021 No. 400 // Collection of legislation of the Russian Federation. – 07/05/2021. – No. 27 (part II). – St. 5351.
5. Pidzhakov A. Yu., Bayramov Sh. Political violence and international terrorism: Monograph. – LAP LAMBERT Academic Publishing. – 2011. – 308 p.
6. Pidzhakov A. Yu. Legal regulation of the fight against terrorism in Russia at the beginning of the 21st century. – St. Petersburg: SPbSPU Publishing House, 2010. – P. 320-326.
7. “Concept of public safety in the Russian Federation” (approved by the President of the Russian Federation on November 14, 2013 No. Pr-2685).
8. On measures to improve public administration in the field of countering terrorism (together with the Regulations on the National Anti-Terrorism Committee): Decree of the President of the Russian Federation dated December 26, 2015 No. 664 // Collection of Legislation of the Russian Federation. – December 28, 2015. – No. 52 (part I). – St. 7591.
9. Volchetskaya T. S., Osipova E. V., Avakyan M. V., Viktorov A. A. Synergy of digital technologies and graphic modeling in forensic counteraction to the spread of the ideology of extremism and terrorism among youth // Bulletin of Tomsk State University. – 2021. – No. 431. – P. 215-222.
10. Kochoi S. M. Countering terrorism: politics and law // Bulletin of SUSU. Series: Law. – 2018. – No. 1. – P. 110-114.
SAFETY AND LAW
JAMALOV Dzhabrail Magomedvalievich
magister student of the 2nd year of correspondence studies of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
JAMALOVA Rashiyakhanum Izmutdinovna
magister student of the 2nd year of correspondence studies of Criminal process and criminalistics sub-faculty of the Dagestan State University, Makhachkala
EXTREMISM AND EXTREMIST ACTIVITIES
The relevance for the topic of this work is due to the fact that the manifestation of extremism is an integral attribute of social processes and has haunted all of humanity throughout its centuries-old history. At the present stage of development of society, characterized by globalization, the formation of a huge information space and the emergence of powerful destructive technologies, extremism is becoming a problem requiring criminal consequences.
Modern Russian society is undergoing a transformation of values associated with the modernization of social life. The process of globalization in the economic, political and cultural spheres has such consequences as the involvement of people from different countries in migration flows of various types and levels, the complexity of structural ties within individual societies and communities as a whole. All these factors, to one degree or another, stimulate tension in interethnic relations and are accompanied by interethnic conflicts. The purpose of the work is to determine the role and significance of extremism in society.
Keywords: extremism, criminal prosecution, extremist activity, subjects.
Bibliographic list of articles
1. Danilyuk A. L. Prevention of extremism in the youth environment. – Text: direct // Materials of the international scientific and practical conference. – 2017. – pp. 21-24.
2. Fridinsky S.N. The concept of extremism and the main directions of the fight against it. – Text: direct // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2008. – No. 3. – P. 59-61.
PEDAGOGY AND LAW
AMELICHKIN Artem Valerjevich
Ph.D. in pedagogical sciences, associate professor, Head of Social and cultural activities and pedagogy sub-faculty of the Orel State Institute of Culture
PATRIOTIC EDUCATION OF THE YOUNG GENERATION IN CULTURAL INSTITUTIONS
The author of the study examines the patriotic education of the younger generation in cultural institutions. Joint leisure activities and communication that take place in cultural institutions as part of the implementation of musical cultural and leisure programs represent a unique environment that allows optimizing the process of patriotic education of children, adolescents and young people. The experience of implementing the musical project “Not a step back. The History of a Feat”, dedicated to the feat of the Soviet warrior during the Great Patriotic War, as well as the feat of the modern Russian Army and Navy, describes its pedagogical potential in the modern process of patriotic education of the younger generation. The socio-cultural significance of the use of musical cultural and leisure programs in the patriotic education of children, adolescents and young people at cultural institutions has been proven.
Keywords: musical cultural and leisure program, musical project, patriotic education, leisure, socio-cultural activities.
Bibliographic list of articles
1. Amelichkin A.V. Development of organizational and managerial abilities of student youth within the framework of extracurricular activities // Education and cultural space. – 2021. – No. 1. – P. 7-13.
2. Amelichkin A.V., Usov A.V. Showing films as a means of patriotic education // Eurasian Legal Journal. – 2023. – No. 5 (180). – pp. 421-423.
3. Vladimir Putin “On Patriotism.” [Electronic resource]. – Access mode: http://kremlin.ru/events/president/news/27877 (access date: 02/01/2024).
4. Voronin I. I. Educational potential of musical and entertainment programs as a special type of cultural and leisure programs in cultural institutions // Education and Society. – 2019. – No. 2 (115). – pp. 68-71.
5. Kiseleva T. G., Krasilnikov Yu. D. Social and cultural activities: Textbook. – M.: MGUKI, 2004. – 272 p.
6. Markova L. V., Shamina L. V. Directing a folk song: a methodological guide. – M.: VNMC NT and KPR, 1984. – 73 p.
7. MBUK “GDK Sovetsky district”: official website. [Electronic resource]. – Access mode: https://gdk32.ru/ (date of access: 02/05/2024).
8. “Not a step back. History of a feat”: official website. [Electronic resource]. – Access mode: https://xn--80aaakhqd3bd3duc.xn--p1ai/ (access date: 02/03/2024).
9. Nikolaeva T.V. Civil-patriotic education as a priority direction of the education system // Quality of professional education: new prospects: materials of the Interregional scientific-practical online conference. – Gatchina: State Institute of Economics, Finance, Law and Technology, 2021. – P. 141-148.
PEDAGOGY AND LAW
GLUBOKIY Vladimir Anatoljevich
Ph.D. in pedagogical sciences, Deputy Head of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, colonel of police
KHAKIMOV Erik Rishatovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
MARCHENKO Konstantin Sergeevich
senior lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
BOLOBAN Maxim Leonidovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Ininstitute of the MIA of Russia, captain of police
THE USE OF INTERACTIVE TEACHING METHODS IN THE TRAINING OF CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article examines the difference between interactive, passive and active teaching methods in universities of the Ministry of Internal Affairs of Russia. The authors note that despite the significant advantages, today there are several potential difficulties that teachers may face when using interactive teaching methods. The authors pay special attention to the peculiarities of using the business (role-playing) game method, the case method, virtual reality technologies, etc. 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.
Article bibliographic list
1. Active and interactive educational technologies (forms of conducting classes) in higher education: textbook. allowance / Comp. T. G. Mukhina. – N. Novgorod: NNGASU, 2013.
2. Egshatyan M.I., Titova E.R. Interactive teaching methods // Eurasian scientific journal. – 2022. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-3 (date of access: 02.19.2024).
3. Karachaev A. R. Interactive methods of legal teaching // Problems of modern pedagogical education. – 2021. – No. 70-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-pravovogo-obucheniya (date of access: 02.19.2024).
4. Koraboev M. Kh., Begimkulov T. K., Muminov Kh. A., Turdimuratov B. K., Begamova N. Interactive teaching methods // Eurasian scientific journal. – 2018. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-2 (date of access: 02.19.2024).
5. Popova S. A., Baglaeva E. M. The use of interactive methods for teaching bachelors in the disciplines of the criminal law cycle at the Nizhny Novgorod Law Academy // Bulletin of the Nizhny Novgorod Law Academy. – 2017. – No. 13. – P. 70-74.
6. Fozilova M. A. Interactive teaching methods at university // Economics and society. – 2022. – No. 9 (100). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-metody-obucheniya-v-vuze (date of access: 02.19.2024).
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ASPECTS OF THE FORMATION OF SPIRITUAL AND MORAL VALUES AMONG JUVENILE CONVICTS IN THE PROCESS OF EDUCATIONAL ACTIVITY
This article analyzes the main aspects of the spiritual and moral education of juvenile convicts during educational activities on the territory of a correctional institution. Attention is drawn to the wide possibilities of integrating religious education into the general educational process on the territory of correctional institutions. The peculiarities of using such a method of education as group trainings, which have a positive effect on the spiritual and moral education of convicts, were also considered.
Keywords: convict, morality, spiritual qualities, religion, educational process.
Bibliographic list of articles
1. Boldyreva O. E., Bugakova T. M. Socio-psychological correction of moral values of adolescents who have come into conflict with the law // Challenges of the new reality in education and science. – 2020. – P. 71.
2. Zorina N. S. Formation of spiritual and moral values of juvenile convicts // Penitentiary security: national traditions and foreign experience: Materials of the All-Russian scientific and practical conference with international participation, Samara, June 01–02, 2023. – Samara: Samara Law Institute of the Federal Penitentiary Service of Russia, 2023. – P. 87-88.
3. Priest A. and others. Educational opportunities for spiritual and moral education of convicted minors // Great feat of the people in protecting the Fatherland: milestones of history. – 2020. – pp. 218-223.
4. Kuznetsova I. A. Educational process as the basis for the formation of moral stability of juvenile convicts // Penitentiary social and psychological work: problems and prospects. – 2019. – pp. 82-87.
5. Maistrenko G. A. Moral education as one of the directions of educational effortsEffect on juvenile convicts // Law and practice. – 2017. – No. 3. – P. 68-72.
6. Tsarkova E. G., Zorina N. S. Determinants of juvenile delinquency and personality traits of a minor offender // Eurasian Legal Journal. – 2023. – No. 11 (186). – pp. 427-428.
PEDAGOGY AND LAW
KURAPINA Ekaterina Valerjevna
Ph.D. in pedagogical sciences, associate professor of Socio-Cultural activities and pedagogy sub-faculty, Dean of the Faculty of Socio-Cultural Activities of the Oryol State Institute of Culture
SOLOUKHINA Evgeniya Vladislavovna
Head of the Department of Support for Youth Projects and Initiatives of the “Oryol Regional Youth Center Polet”, lecturer of Socio-cultural activities and pedagogy sub-faculty of the Oryol State Institute of Culture
REALIZATION OF THE VOLUNTEER POTENTIAL OF THE OREL REGION: PROBLEMS AND PROSPECTS
The article discusses the prospects for realizing the volunteer potential of the Oryol region. The authors note the general features of the concept of “volunteering”, as well as the key characteristics of volunteer activity. The description of the Roadmap “The standard of support for volunteerism in the Orel region” is given as the most effective form of development of volunteer activity. The authors analyze the problems that arise in the way of implementing the development of the volunteer movement in the Orel region. The results and conclusions of a study conducted among residents of the Orel region registered on the portal are presented. The article presents in detail the program “Cultural Volunteers” developed by the authors and the main activities implemented within the framework of the federal project “Creative People” of the national project “Culture”.
Keywords: civil society, social activity, volunteers, volunteer movement, roadmap, Cultural Volunteers program.
Bibliographic list of articles
1. Kurapina E. V. Innovative technologies of social and cultural activities as a means of forming social activity of youth: a synergetic approach // Bulletin of Tambov State University. Ser.: Humanities. – 2012. – Issue. 10 (114). – pp. 216-221.
2. Males L. V. Conceptualization of sociocultural analysis in the sociological study of the culture of society (statement of the problem). Electronic library Civil society in Russia. – P. 28-32. – [Electronic resource]. – Access mode: http://www.civisbook.ru/files/File/Malec.pdf (access date: 09/02/2023).
3. Pevnaya M.V. Volunteerism management: international experience and local practices: Ministry of Education and Science of Russia. Federation, Ural. federal University named after the first President of Russia B. N. Yeltsin, Institute of State. management and entrepreneurship. – Ekaterinburg: Ural Publishing House, University, 2016. – 434 p. – [Electronic resource]. – Access mode: http://elar.urfu.ru/bitstream/10995/37792/1/978-5-7996-1677-9_2016.pdf (date of access: 09/02/2023).
4. Taratorin E.V. Specifics of organizing volunteer activities of students at a cultural university // Samara Scientific Bulletin. – 2023. – T. 12. No. 1. – P. 303-309.
PEDAGOGY AND LAW
POPOVA Anastasiya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Human resources 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 Lieutenant General of Militia A. N. Sergeev International Interdepartmental Training Center for Employees of Operational Units 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
THE ROLE OF EMOTIONAL AND VOLITIONAL QUALITIES IN PERSONALITY DEVELOPMENT
The article examines the emotional and volitional qualities of a person, which are given great importance in foreign and domestic psychology, given that it is in this area that such important personality qualities as sensitivity to other people, their experiences, and one’s own emotional self-perception, which reflects a person’s holistic attitude to the world, develop.
Attention is drawn to the fact that emotions are a reflection of the psyche, passing in the form of awareness of the essence of life and circumstances.
Keywords: emotional and volitional qualities, emotions, personality.
Bibliographic list of articles
1. Anikeeva N.V., Parshutin I.A. Study of the volitional sphere of personality of cadets studying in educational organizations of the Ministry of Internal Affairs of Russia of open and closed types // Psychology and Law. – 2018 (8). – No. 4. – P. 142-154. DOI: 10.17759/psylaw.2018080413.
2. Barabanov D. D. Development of volitional regulation of students: dis. …cand. psychol. Sci. – M.: Moskovsk. state University, 2015. – 188 pp.
3. Bergfeld A. Yu., Vakurova A. N. Psychological structure of emotion in the context of the problem of perception of emotions // Psychology of the XXI century. Abstracts of the International Scientific and Practical Conference of Students and Postgraduate Students / Ed. V. B. Chesnokova. – St. Petersburg: St. Petersburg State University Publishing House, 2005. – P. 200-205.
4. Vygotsky L. S. Collected Works. – M.: Pedagogy, 1984. – 350 pp.
5. Ivannikov V. A. Psychological mechanisms of volitional regulation. – M.: MSU, 1991. – 142 p.
6. Ilyin E. P. Psychophysiology of human states. – St. Petersburg, 2005. – 412 p.
7. Ilyin E. P. Emotions and feelings. – St. Petersburg: Peter, 2001. – 752 p.
8. Kasatkina D. A. Empirical study of volitional qualities and personality orientation // Acmeology. – 2012. – No. 4 (44). – pp. 82-86.
9. Leontyev D. A. Self-regulation, resources and personal potential // Siberian psychological journal. – 2016. – No. 62. – P. 18-37.
10. Plakhotnikova I. V. Interrelation of volitional qualities and manifestations of self-regulation of voluntary activity // Bulletin of the Moscow State Regional University. – 2012. – No. 3. – P. 63-68 @@ Rean A. A. On the problem of social adaptation of the individual // Bulletin of St. Petersburg State University. Ser. 6. – 1995. – Issue. 3. – No. 20. – P. 14-22.
11. Sidorova M. V. The relationship between legality and discipline in the activities of employees of internal affairs bodies // Legal science and law enforcement practice. – 2015. – No. 4 (13). – pp. 199-208.
12. Schemes and tables on psychology and pedagogy (educational manual) / Compiled by: I. N. Afonina, L. S. Barsukova, T. N. Sokolova. – M.: Vlados, 2018. – 98 p.
PEDAGOGY AND LAW
FILIMONOV Rodion Nikolaevich
Head of Physical training and sports sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
KUBEEV Alibek Zhanabaevich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
YAKUSHEV Eduard Vadimovich
associate professor of Physical training sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
DEVELOPMENT OF PROFESSIONALLY IMPORTANT MOTOR SKILLS OF CADETS AND STUDENTS OF THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The professional training of employees of the internal affairs bodies of the Russian Federation consists of a number of elements, where, along with psychological, fire, legal and service training, physical training is also included. 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. Physical training is focused on the development of both the general physical training of a police officer and a special one, the main focus of which is combat improvement.
The presented article is devoted to the study of the relationship between various types of physical training in educational institutions of the Ministry of Internal Affairs of Russia, which directly form the professionally important motor abilities of a law enforcement officer. In addition, the author attempts to consider individual stages and mechanisms of mastering and developing skills.
Keywords: professional training, physical training, motor skills, student, educational organization, the system of the Ministry of Internal Affairs of Russia, law enforcement agencies.
Bibliographic list of articles
1. Studying the nature of attacks on police officers in the performance of official duties as the basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia / A. I. Ivanov, O. S. Mavropulo, A. A. Tashchiyan [etc.] // Scientific notes of the University named after. P. F. Lesgaft. – 2023. – No. 4 (218). – pp. 130-134. – DOI 10.34835/issn.2308-1961.2023.04.p130-135. – EDN EQRRUF.
2. Vityutnev E. E. Applied physical and motor training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia – future employees of special police units at the specialized stage of professional training: dis. …cand. ped. Sci. – Krasnodar, 2015.
3. 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. (access date: 08/23/2022).
4. Kodzokov A. Kh. Frequency of use of fighting techniques in the practice of applying coercive measures to offenders // Physical education and sport: current issues of theory and practice: Collection. materials Vseros. scientific-practical conf. Federal State Budgetary Educational Institution of Higher Education “Rostov Law Institute of the Ministry of Internal Affairs of Russia.” – Rostov n/d, 2016. – pp. 79-84.
PEDAGOGY 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
DUDKIN Yuriy Andreevich
Ph.D. in pedagogical sciences, senior lecturer of Administrative law and administrative activities of the police sub-faculty of the Moscow regional branch of the V. Ya. Kikot Moscow University of the MIA of Russia, lieutenant colonel of police
KHAMITOV Ainur Rasimovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
ULANOV Nikita Dmitrievich
lecturer of Fire training sub-faculty of the Voronezh Institute of the MIA of Russia, senior lieutenant of police
THE USE OF A GAME APPROACH IN THE TRAINING OF CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article analyzes the term “gamification”, presents the approaches of various authors to the definition of the term in question. Based on the analysis of empirical literature, the authors identify the main criteria for the introduction of gamification into the educational process of the University of the Ministry of Internal Affairs, as well as identify the main elements of motivation of participants in the game process. The authors note the presence of both positive and negative sides of the introduction of gamification into the educational process of the university.
Keywords: gaming technologies, gamification, educational process, interactive teaching methods.
Bibliographic list of articles:
1. Alekseeva A. Z., Solomonova G. S., Aetdinova R. R. Gamification in education // Pedagogy. Psychology. Philosophy. – 2021. – No. 4 (24). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obrazovanii-3 (Date of access: 01/29/2024).
2. Emaletdinova G. E., Tsilitsky V. S., Shershukova N. V., Kalimullin D., Vinogradova I. V. Gamification as a teaching method: features and opportunities // Moscow Economic Journal. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-kak-metod-obucheniya-osobennosti-i-vozmozhnosti (Date of access: 01/29/2024).
3. Muravskaya S. A., Smirnova M. M. Gamification: approaches to definition and main directions of research in management // Bulletin of St. Petersburg University. Management. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-podhody-k-opredeleniyu-i-osnovnye-napravleniya-issledovaniy-v-menedzhmente (Date of access: 01.29.2024).
4. Poddubnaya Ya. N., Kotov K. S., Slukina A. A. Paradigm for the development of gaming in the educational system of a university: history and prospects // International scientific research journal. – 2021. – No. 9 (111). [Electronic resource]. – Access mode: https://research-journal.org/archive/9-111-2021-september/paradigma-razvitiya-gejminga-v-obrazovatelnoj-sisteme-vuza-istoriya-i-perspektivy (Date of access: 01/30/2024 ). – doi: 10.23670/IRJ.2021.9.111.083.
5. Tsiruleva L. D., Shcherbakova N. E. Gamification in training: essence, content, ways of implementing technology // Bulletin of PenzGU. – 2023. – No. 3 (43). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-v-obuchenii-suschnost-soderzhanie-puti-realizatsii-tehnologii (Date of access: 01/30/2024).
6. Chagin S.S. Gamification of vocational education: is the game worth the candle? // Professional education and labor market. – 2021. – No. 1 (44). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/geymifikatsiya-professionalnogo-obrazovaniya-stoit-li-igra-svech (Date of access: 01/29/2024).
PEDAGOGY AND LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary System of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
DETERMINANTS OF JUVENILE DELINQUENCY AND PERSONALITY CHARACTERISTICS OF A JUVENILE OFFENDER
This article provides an overview of the principles and methods of pedagogical influence on juvenile convicts. The main and specific principles of pedagogical influence were named, as well as their brief description was given. Among the listed methods of pedagogical influence are methods of persuasion, coercion and training. Attention is drawn to the conditions that will ensure the quality of the impact on juvenile convicts.
Keywords: convict, teacher, pupil, impact, correction, re-education.
Bibliographic list of articles
1. Gachava M. L., Mazaleva L. V., Tishchenko Yu. Yu. On the issue of increasing the effectiveness of individual educational work with convicted minors // Agrarian and Land Law. – 2023. – No. 7 (223). – pp. 118-120.
2. Efimenko A. A. Basic principles of educational work with juvenile convicts // Penal system: pedagogy, psychology and law: Materials of the All-Russian scientific and practical conference for the 100th anniversary of the birth of Professor Alexander Lvovich Remenson – lawyer, penitentiary scientist , teacher, founder of the Tomsk School of Corrective Labor (Criminal) Law. – 2023. – pp. 235-241.
3. Maslov V.V. Principles and methods of pedagogical influence on juvenile convicts // Bulletin of the Samara Legal Institute. – 2010. – No. 2. – P. 108-112.
4. Poshvina E.V. Educational work and social impact on juvenile prisoners // Innovations. The science. Education. – 2022. – No. 53. – P. 329-333.
5. Pavlova L. V. On the need to form value orientations among juvenile convicts as a means of preventing offending behavior // Organizational and legal aspects of the activities of law enforcement agencies of the Russian Federation and foreign countries: theory and practice: Collection of materials of the All-Russian Scientific and Practical Conference, Moscow, 21 October 2022. – Moscow: FKU NII, 2022. – P. 259-262.
PSYCHOLOGY AND LAW
ROMANOVSKAYA Irina Viktorovna
Ph.D. in Law, senior lecturer of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
PSYCHOLOGICAL FEATURES OF JUDICIAL ACTIVITY IN THE CONSIDERATION OF CRIMINAL CASES
The article reveals the psychological features of the consideration of a criminal case in court related to the mental activity of all participants in the trial. A judge, prosecutor, lawyer, being constantly in the spotlight, are forced to demonstrate such qualities as professionalism, honesty, integrity, professional ethics, humanity, since their activities are directly related to the exercise of special powers, with the right and obligation to use legitimate authority on behalf of the state.
Keywords: cognitive activity, constructive activity, communicative activity, educational activity, judicial process, judge.
Bibliographic list of articles
1. Ipatov A.V. Legal psychology: textbook. – St. Petersburg: RGGMU, 2022. – 172 p.
2. Koni A.F. Moral principles in criminal proceedings (General features of judicial ethics). Reproduced from the publication: A. F. Koni. Selected works. – M., State Publishing House, 1956.
PSYCHOLOGY AND LAW
KHATUAEV Marat Otarovich
senior lecturer of Administrative affairs sub-faculty of the Voronezh Institute of the MIA of Russia, lieutenant colonel of police
LITVINENKO Alexander Alexandrovich
lecturer of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, junior lieutenant of police
YARIY Maxim Igorevich
lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, lieutenant of police
VAFIN Vadim Vazirovich
lecturer of the Cynology Cycle of the Ufa School for the Training of Cynologists of the MIA of Russia, lieutenant colonel of police
PROFESSIONAL COMMUNICATION OF POLICE OFFICERS
This article presents an analysis of some aspects of professional communication between police officers. The authors note that communicative competence depends on various factors, including the availability of a wide vocabulary, knowledge of the rules of conversation, understanding of cultural characteristics in communication, empathy skills, the ability to perceive and understand the point of view of other people, as well as the ability to express their own thoughts and feelings, active listening skills, the ability to use non-verbal communication skills. The authors believe that the formation of effective communication skills among police officers should be carried out in stages, as well as offer specific methods for the formation of communicative competence of police officers.
Keywords: police officers, professional communication, communication, communication, the communicative side of communication.
Bibliographic list of articles
1. Sternin I. A. Fundamentals of speech influence. – Voronezh, 2009. – 178 p. [Electronic resource]. – Access mode: http://sterninia.ru/ files/757/4_Izbrannye_nauchnye_publikacii/Rechevoe_vozdejstvie/0snovi_rechevogo_vozdeistviya2013.pdf; https://www.elibrary.ru/item.asp?id=20105290. EDN: https://www.elibrary.ru/qxzbnv.
2. Leimets H. I. On the concept of “communication” // Social pedagogy. – 2016. – No. 1-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-ponyatii-obschenie (date of access: 02/18/2024).
3. Nazarova T. B. Typology of types of communication: from traditional lines of differentiation to new relationships // Bulletin of Samara University. History, pedagogy, philology. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tipologiya-vidov-obscheniya-ot-traditsionnyh-liniy-differentsiatsii-k-novym-sootnosheniyam (date of access: 02.12.2024).
4. Nezhkina L. Yu., Fontalova N. S. Professional communication of employees of internal affairs bodies // Baikal Research Journal. – 2020. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnoe-obschenie-sotrudnikov-organov-vnutrennih-del (date of access: 02/19/2024).
5. Rodin V.F., Balashova V.A. Communication in the activities of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschenie-v-deyatelnosti-sotrudnikov-politsii (date of access: 02.12.2024).
6. Urazaeva G.I., Vlasova O.V. Social and psychological attitudes in professional communication of police officers // Bulletin of the Kazan Legal Institute of the Ministry of Internal Affairs of Russia. – 2014.- No. 3 (17). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-psihologicheskie-ustanovki-v-professionalnom-obschenii-sotrudnikov-politsii (date of access: 02.12.2024).
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
KHAMITOV Ainur Rasimovich
senior lecturer of Special training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia
SHARAFUTDINOV Ilshat Sabitovich
lecturer of the Cycle of Cynology of the Ufa School for Training Cynologists of the MIA of Russia, major of police
METHODS OF EDUCATIONAL WORK USED IN TEMPORARY DETENTION CENTERS FOR JUVENILE OFFENDERS AT THE MINISTRY OF INTERNAL AFFAIRS
This article analyzes the causes of juvenile delinquency. The authors consider various areas of activity of the Temporary Detention Centers for juvenile Offenders at the Ministry of Internal Affairs, and also note that the activities of the staff of the Central State Penitentiary Service are diverse and require constant improvement of professional qualities, knowledge of the operational situation, the ability to correctly apply certain methods of pedagogical and psychological influence on a minor.
Keywords: deviant behavior, juvenile delinquency, crime prevention, deviant behavior, police officer.
Bibliographic list of articles
1. Ivantsov S.V., Solomatina E.A., Strauning Yu.A. [et al.]. Prevention of crimes and administrative offenses committed by minors: A course of lectures. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after. V. Ya. Kikotya, 2017. – 244 p. – ISBN 978-5-9694-0412-0. – EDN XVWQLZ.
2. Ramkulov R.F., Khudoborodov A.L. Activities of departments for juvenile affairs of the internal affairs bodies of the Russian Federation: pedagogical aspects of educational work with teenagers // Bulletin of the South Ural State Medical University. -2016. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deyatelnost-podrazdeleniy-po-delam-nesovershennoletnih-organov-vnutrennih-del-rossiyskoy-federatsii-pedagogicheskie-aspekty (date of access: 01/25/2024).
STATE AND LAW
MINAKOV Pavel Anatoljevich
Ph.D. in political sciences, associate professor of the Ufa State Petroleum Technological University
ON SOME FEATURES OF SOCIO-CULTURAL CONTINUITY IN RUSSIA
The article presents the author’s understanding of the peculiarities of socio-cultural continuity in Russia. It is noted that throughout history, Russian society has changed very little internally, in the structure of the worldview, all innovations in the organization of public life coming from outside have adapted to the already established tradition and were mostly only external in nature, weakly affecting the established values.
Keywords: socio-cultural continuity, symbols, values, transformation, changes, Russian society, consolidation.
Bibliographic list of articles
1. Glebova I. I. Political culture of Russia: images of the past and modernity. – M.: Nauka, 2006. – 332 p.
2. Akhiezer A. S. Russia: criticism of historical experience (Sociocultural dynamics of Russia) – T. 1. Novosibirsk: Siberian Chronograph, 1997. – 807 pp.
3. Sorokin P. A. Public textbook of sociology. Articles from different years / Institute of Sociology – M.: Nauka, 1994. – 560 pp.
4. Berdyaev N. A. Origins and meaning of Russian communism. Reprint reproduction of the YMCA-PRESS publication, 1955 – M.: Nauka, 1990. – 224 pp.
5. Valiulin K. B., Zaripova R. K. History of Russia (IX – XX centuries). – Ufa: RIO RUMC MO RB, 2007. – 452 p.
STATE AND LAW
KAREV Dmitriy Alexandrovich
Ph.D. in Law, associate professor of Theory of law and public law disciplines sub-faculty of the Samara State University of Economics
KORCHAGINA Anastasiya Pavlovna
student of the Samara State University of Economics
LEGAL SUPPORT FOR THE ORGANIZATION AND CONDUCT OF ELECTIONS IN THE RUSSIAN FEDERATION
The article describes the election process in Russia as a representative of a democratic institution, emphasizing the importance of honesty, transparency and legitimacy of elections. It also examines the principles of elections, the participation of citizens outside the country, the work of election commissions and legal regulation aimed at ensuring the freedom, honesty and fairness of elections. The article emphasizes that changes in the systems governing elections contribute to the efficiency and fairness of elections and ensure the active participation of citizens in the formation of power at various levels.
Keywords: elections, voting, election commissions, independence, dominance.
Bibliographic list of articles
1. Zorkin V.D. The letter and spirit of the Constitution // Russian newspaper. – 2018. – Oct 9
2. Lebedev V. A. Constitutional development of Russia // Lex Russica. – 2018. – No. 11. – P. 16-22.
3. Shablinsky I. G. The mechanism of checks and balances in the Russian constitutional law // Law. Journal of the Higher School of Economics. – 2013. – No. 1. – P. 34-42.
4. Kulikova Yu. A. Limitation of the president’s time in power to a certain period and number of terms in office as part of the formation and development of the institution of the presidency in the Russian Federation and member states of the Commonwealth of Independent States // Bulletin of the Russian State University for the Humanities. Series “Economics, management, law”. – 2013. – No. 1. – P. 53-61.
5. Shakhrai S. M. Presidential Elections // Historian. – 2018. – No. 3. – P. 68-75.
STATE AND LAW
YALOVENKO Tatyana Vasiljevna
Ph.D. in Law, associate professor, Deputy Head of Theory and history of law and state sub-faculty of the Volgograd Academy of the MIA of Russia
POLYAKOV Vyacheslav Alexandrovich
Ph.D. in historical sciences, associate professor, professor of Theory and history of law and state sub-faculty of the Volgograd Academy of the MIA of Russia
RYABOV Sergey Ivanovich
Ph.D. in historical sciences, professor of Philosophy sub-faculty of the Volgograd Academy of the MIA of Russia
ON THE ISSUE OF THE CONTENT OF THE LEGAL OBLIGATION
In the article, the authors consider the issues of the content of the legal obligation. The signs and classification of legal obligations are given. The author cited the main legal obligations depending on the branch of law: constitutional, family, civil and concluded that the content of the legal obligation consists of acts of conduct of a participant in legal relations, the obligation of which is fixed in a normative legal act, contract, etc. and is expressed in active actions or abstinence from certain actions. Common to all branches of law providing for certain legal obligations is the establishment of a certain proper behavior, a mechanism for the implementation of a specific obligation and responsibility for its non-fulfillment.
Keywords: legal relationship, duty, obligation, coercion, right, obligation, obligation, legal fact, responsibility.
References
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993; with amendments dated 01/07/2020) // NW of the Russian Federation. – 2014. – No. 9. – Article 851.
2. Family Code of the Russian Federation dated 12/29/95 No. 223-FZ (as amended on 07/31/2023) // NW RF. – 1996. – No. 1. – Article 16.
3. Federal Law No. 342-FZ dated 11/30/2011 “On Service in Internal Affairs Bodies Of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (as amended. dated 04/08/2023) // NW of the Russian Federation. 05.12.2011. No. 49 (part 1). Article 7020.
4. Kuzubova A. Yu. The legal category “duties” in the political and legal doctrines of Russian conservatism and European liberalism of the XIX century // Theory and practice of social development. – 2020. – No. 4 (146). – Pp. 22-25.
5. Solodovnichenko T. A. Subjective rights and obligations in private and public law: monograph. – M.: INFRA-M, 2021. – 111 p.
6. Zavyalov S. O. Legal obligation – an element of legal relations: content, forms, signs // E-Scio. – 2020. – No. 5 (44). – Pp. 165-175.
POLICY AND LAW
WEI Anyu
magister student of the Faculty of Public Administration of the M. V. Lomonosov Moscow State University
FEDYUNIN Alexander Sergeevich
Ph.D. in economical sciences, associate professor of World economy and world finance sub-faculty of the Financial University under the Government of the Russian Federation
CONTENT AND ESSENCE OF PUBLIC ADMINISTRATION
The article is devoted to the study of the content and essence of public administration. The importance of this process in the functioning of the state, its goals and basic principles are considered. The author draws attention to various approaches to defining public administration and its main components. Particular attention is paid to methods of researching public administration, such as analysis of regulatory documents, comparative analysis of management systems in different countries, expert assessments and other techniques. The study is aimed at identifying key aspects of public administration and its impact on public life.
Keywords: public administration, methods of public administration, economic relations, public policy.
Bibliographic list of articles
1. Rzaev A. G. Public service: organizational and legal aspects. – Baku: Elm, 2020. – 560 p.
2. Atamanchuk G.V. Management in people’s life. – M.: RAGS, 2022. – 400 p.
3. Afanasyev V. G. Scientific management of society (experience of systemic research). 2nd ed. – M.: Politizdat, 2019. – 392 p.
4. Parin V.V., Baevsky R.M. Introduction to medical cybernetics. – M.: Medicine, 2023. – 145 p.
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
DZYUBAN Valeriy Valerjevich
Ph.D. in historical sciences, Ph.D. in pedagogical sciences, associate professor, professor of Humanitarian disciplines sub-faculty of the Russian Customs Academy
PANIN Yuriy Ivanovich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
TERRORIST ORGANIZATIONS IN THE STRUCTURE OF THE “NEW WARS”
This article examines the role of international terrorist organizations as independent actors in the system of “new” hybrid wars. The global world is undergoing a transformation of established participants in international processes. The classic format of the war goes beyond the line of history. The informational, humanitarian, socio-economic “front” is becoming increasingly important. In such conditions, terrorism changes its essence, becoming an active mechanism within the framework of organizing coups d’etat, “color revolutions” and “new wars”. It also loses its centralization, acquiring the features of a transnational network structure.
Keywords: hybrid wars, “new wars”, terrorism.
Bibliographic list of articles
1. Bredikhin A.V., Zakopyrin V.N. On the issue of legal regulation of private military companies in the Russian Federation // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 310-311.
2. Karimova G. Kh., Irzhanov R. S. Information technologies of terrorist organizations // International cooperation of Eurasian states: politics, economics, law. – 2020. – No. 3. – P. 51-56.
3. Mail Yu. M. Islamist terrorism in the context of modern hybrid wars // Bulletin of the Russian Peoples’ Friendship University. – 2021. – No. 4. – P. 734-746.
4. Rudakov A.V., Ustinkin S.V. Transformed identity as a resource of international terrorism and an element of the “Hybrid War” strategy // Power. – 2016. – No. 12. – P. 103-108.
5. Churakov D. O. Russia’s counteraction to terrorism in zones of hybrid conflicts at the turn of the XX-XXI centuries: stages, analysis, historical lessons // Locus: people, society, cultures, meanings. – 2022. – No. 3. – P. 118-135.
SOCIOLOGY AND LAW
KAZAKONA Natalya Vladimirovna
Ph.D. in technical sciences, associate professor of Transport and technical systems sub-faculty of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University
SADYKOVA Khadiya Nurgalievna
Ph.D. in sociological sciences, associate professor of the Tyumen Industrial University
STUDENT YOUTH: IN THE MODERN WORLD
The article examines a pressing problem of our time: issues of self-identification, identification with one’s family, friends, small homeland, country, representatives of a certain nationality, etc. Some results of an online survey conducted among Tyumen youth studying in colleges and universities are presented using a methodology developed Shaykhlislamov R. B., Ph.D. in sociological sciences, professor of the Department of Sociology and Youth Work, Ufa University of Science and Technology.
Keywords: student youth, identification, self-identification, family, friends, traditions, values.
Bibliographic list of articles
1. Ageev V. S. Psychological study of social stereotypes // Questions of psychology. – 1986. – No. 1. – P. 94, 98.
2. Putin said that Russia’s traditions and values cannot be “uprooted.” [Electronic resource]. – Access mode: https://www.m24.ru/news/vlast/28112023/643918 (date of access: 02/16/2024).
3. Putin called for taking the best from different countries, but relying on traditions. [Electronic resource]. – Access mode: https://iz.ru/1607048/2023-11-17/putin-prizval-brat-luchshee-iz-raznykh-stran-no-opiratsia-na-traditcii (date of access: 02.16.2024).
4. 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. – P. 18-174.
5. 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. – pp. 409-414.
SOCIOLOGY AND LAW
BREDIKHIN Anton Viktorovich
Ph.D. in historical sciences, senior lecturer of the M. V. Lomonosov Moscow State University
BOGATYREVA Olga Vasiljevna
Ph.D. in pedagogical sciences, associate professor of History sub-faculty of the K. G. Razumovsky Moscow State University of Technology and Management (First Cossack University)
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
ON DETERMINING THE STATUS OF PRIVATE MILITARY COMPANIES
This article discusses the issue of defining the term and status of private military companies in the scientific community. PMCs are becoming more widespread in the modern world, they participate not only in interstate conflicts, but also defend the interests of large international companies. This topic has become particularly relevant in connection with the conduct of a Special military operation and the participation of a number of PMCs and volunteer associations, including Cossack ones, in it, and the lack of a unified terminological approach among domestic and foreign researchers. The authors attempt to give their own definition of PMCs.
Keywords: Cossacks, corporations, mercenaries, private military companies.
Bibliographic list of articles
1. Alikin A. PMCs are a very effective instrument of influence. [Electronic resource]. – Access mode: http://rusplt.ru/society/voennie-chastniki-8795.html (access date: 04/10/2023).
2. Apukhtin Yu. S. Private military companies: a new goal of political criminology // Criminology: yesterday, today, tomorrow. – 2009. – No. 2 (17). – pp. 104-107.
3. Bredikhin A.V. Military service of the Cossacks in the security system of the South of Russia (on the example of the Rostov region) // Bulletin of Volgograd State University. Episode 4. History. Regional studies. International relationships. – 2020. – T. 25. No. 5. – P. 234-243.
4. Bredikhin A.V., Zakopyrin V.N. On the issue of legal regulation of private military companies in the Russian Federation // Eurasian Legal Journal. – 2023. – No. 10 (185). – pp. 310-311.
5. Veselov Yu. A. History and role of PMCs in modern world politics // World Politics. – 2021. – No. 3. – P. 19-40.
6. Kurylev K. P., Martynenko E. V., Parkhitko N. P., Stanis D. V. The phenomenon of private military companies in the military power policy of states in the 21st century. // Bulletin of international organizations. – 2017. – T. 12. No. 4. – P. 130-149.
7. About private military companies in the USA // Ministry of Foreign Affairs of the Russian Federation. [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/international_safety/1896217/ (date of access: 10/1/2023).
8. Tipling D. The Military Extraterritorial Jurisdiction Act and Its Implications forPrivate Military Companies // Bepress Legal Series. – 2006. – 33 p.
ECONOMY. RIGHT. SOCIETY
GVOZD Alina Alexandrovna
student of the 2nd course of Management sub-faculty of the Irkutsk National Research Technical University
BEREZHNYKH Mariya Valerjevna
Ph.D. in economical sciences, Head of Management sub-faculty of the Irkutsk National Research Technical University
LEADERSHIP AS A KEY ELEMENT OF THE COMPETENCE OF A MODERN LEADER
The presented work analyzes the practical and theoretical aspects of the modern concept of leadership. The article discusses the main characteristics of leadership, such as inspiration, motivation, decision-making ability, emotional intelligence, communication skills and the ability to work in a team. Special attention is paid to the influence of leadership on corporate culture, employee motivation, business development and achievement of strategic goals. In particular, the main qualities of a modern manager and leader are considered. Various approaches to the development of leadership skills are also discussed, both individually and within the framework of corporate training programs. At the end of the article, the analysis of emerging trends in the analyzed issue is carried out.
Keywords: human resources, management, leader, manager, efficiency.
Bibliographic list of articles
1. Radyuk O. M., Basinskaya I. V., Nekhvyadovich I. G. Main factors of effectiveness in behavioral theories of leadership // Leadership and management. – 2017. – Volume 4. No. 2. – P. 99-107.
2. Favors D. Leader of a new era. – Moscow: Amri-ta-Rus, 2021. – 464 p.
3. Shchigrev V. A. Leader and his main qualities // Scientific notes of the Altai branch of the Russian Academy of National Economy under the President of the Russian Federation. – 2019. – No. 16. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lider-i-ego-osnovnye-kachestva (date of access: 03/01/2024).
4. “Leader and manager: differences in their activities and skills.” [Electronic resource]. – Access mode: https://aspro.cloud/pm/docs/leader-and-director/
5. “Who are the leaders?” [Electronic resource]. – Access mode: https://huntflow.ru/blog/what-is-leadership/
6. “How to become a successful leader: tips and strategies.” [Electronic resource]. – Access mode: https://getcompass.ru/blog/posts/kak-stat-rukovoditelem.
7. “Report on the social activities of the Gazprom Group for 2022.” [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/56/691615/gazprom-sustainability-report-ru-2022.pdf.
8. “Report on sustainable development of the Rosneft Group for 2022.” [Electronic resource]. – Access mode: https://www.rosneft.ru/upload/site1/document_file/Rosneft_CSR2022_RUS.pdf.
9. “Sustainable Development Report of the Lukoil Group for 2022.” [Electronic resource]. – Access mode: https://lukoil.ru/FileSystem/9/633069.pdf.
10. “Development of the corporate culture of the UniPro Group.” [Electronic resource]. – Access mode: https://www.unipro.energy/sustainable_development/social/staff/culture/
11. “Sustainable development of PJSC Forward Energo.” [Electronic resource]. – Access mode: https://www.frwd.energy/o-nas/ustoychivoe-razvitie.
12. “Sustainable development of the EL5-Energo Group.” [Electronic resource]. – Access mode: https://www.el5-energo.ru/sustainability/our-people/
13. “Annual report of PJSC RusHydro (including information on sustainable development) for 2021.” [Electronic resource]. – Access mode: https://storage.yandexcloud.net/storage.rushydro.ru/iblock/dd6/l4bqndzq9f64khr3j2m1nxfohabizm99/Godovoj-otchet-2021.pdf.
14. “Personnel policy of JSC “Quadra – Power Generation”. [Electronic resource]. – Access mode: https://www.quadra.ru/o-kompanii/kadrovaya-politika/#bg3.
15. “Sustainable development of JSC Iner RAO.” [Electronic resource]. – Access mode: https://irao-generation.ru/ustoychivoe-razvitie/
16. “Values of PJSC “T Plus”. [Electronic resource]. – Access mode: https://www.tplusgroup.ru/contrast/company/about/values/
ECONOMY. RIGHT. SOCIETY
GREKOV Igor Evgenjevich
Ph.D. in economical sciences, professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
TAKMAKOVA Elena Valerjevna
Ph.D. in economical sciences, associate professor, professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Orel State University
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economical sciences, professor, professor of Project management sub-faculty of the State University of Management, Moscow
“BALANCED DEVELOPMENT” OF REGIONAL SOCIO-ECONOMIC SYSTEMS: APPROACHES TO THE DEFINITION OF THE CONCEPT
In this article, the authors analyzed the concept of “balanced development” in relation to the regional level of research. As a result, it was found that balanced development presupposes a given ratio between certain factors, while the list of these factors may vary markedly; it was concluded that balanced regional development is part of a broader concept – sustainable development.
Keywords: region, regional socio-economic system, balanced development of regions, sustainability of regional development, differentiation of regional development.
Bibliographic list of articles
1. Decree of the President of the Russian Federation of June 3, 1996 No. 803 “On the Basic Provisions of Regional Policy in the Russian Federation” // Collection of legislation of the Russian Federation. – 1996. – No. 23. – Art. 2756.
2. Shtulberg B. M., Vvedensky V. G. Regional policy of Russia. Theoretical foundations, objectives and methods of implementation. – M.: Helios ARV, 2000. – 206 p.
3. Grudina S.I. Theory of development of entropy of regional socio-economic systems // Kazan Economic Bulletin. – 2021. – No. 3. – P. 24-28.
4. Kagarmanova A. I. Mechanism for managing the competitiveness of the region // Science. – 2015. – T. 7. No. 3 – P. 1-12.
5. Lavrovsky B. L. Territorial differentiation and approaches to its weakening in the Russian Federation // HSE Economic Journal. – 2003. – No. 4. – P. 524-537.
6. Drobyshevsky S., Lugovoy O., Astafieva E. Factors of economic growth in the regions of the Russian Federation. – M.: IET, 2005. – 278 p.
7. Leksin V.N., Shvetsov A.N. All-Russian reforms and territorial development // Russian Economic Journal. – 1999. – No. 4. – P. 54-66.
8. Druzhinin A.G., Shepeleva V.A. Asymmetry of urban development as a phenomenon and problematic situation of the regional economy // Economic Bulletin of the Rostov State University. – 2008. – T. 6. No. 1. Part 3. – P. 157-161.
9. Valitova L. A. Interbudgetary transfers and economic incentives of regional authorities // Economic science of modern Russia. – 2005. – No. 2. – P. 39–55.
10. Dzhurbina E. M. Interbudgetary transfers in the context of asymmetric development of the economy of the Stavropol Territory // Economics and production. – 2007. – No. 1. – P. 53-56.
11. Druzhinin A. G., Dzhurbina E. M. Regional paradigm of economic development: the factor of interbudgetary transfers. – Rostov n/d: RSU, 2005. – 112 p.
12. Pridachuk M.P. Interbudgetary transfers: economic meaning and distribution goals // Finance and credit. – 2006. – No. 10. – P. 13-15.
13. Chernova O. A. The problem of balancing intraregional development in the study of center-periphery interactions // Regional Economics: Theory and Practice. – 2016. – No. 1. – P. 4-17.
14. Friedmann J. Regional Development Policy: A Case Study of Venezuela. – MIT Press, 1966. – 279 p.
15. Mansfield E. Economics of scientific and technological progress. – M.: Progress, 1970. – 240 p.
16. Friedmann J. Regional Development Policy: A Case Study of Venezuela. – MIT Press, 1966. – 279 p.
17. Hagerstrand T. Aspects of the Spatial Structure of Social Communication and the Diffusion of Information // Papers and Proceedings of Regional Science Association. – 1966. – R. 27-42.
18. Hagerstrand T. Innovation Diffusion as a Spatial Process. – Chicago: University of Chicago Press, 1968. – 334 p.
19. Hirooka M. Innovation Dynamism and Economic Growth: A Nonlinear Perspective. – Cheltenham, UK – Northampton, MA: Edward Elgar, 2006. – 448 p.
20. Krivov A.V. Ecological and economic balance and sustainable development of local territory: on the example of the Torbeevsky district of the Republic of Mordovia: dis. …cand. geogr. Sciences: 25.00.36. – Saransk, 2009. – 191 p.
ECONOMY. RIGHT. SOCIETY
KLUNKO Natalya Sergeevna
Ph.D. in economical sciences, DBA USA, professor of Philosophy sub-faculty of the Department of Training of Scientific and Scientific-Pedagogical Personnel of the Russian New University, Moscow
SVIRIDOV Andrey Sergeevich
Ph.D. in economical sciences, professor of Management sub-faculty of the Russian New University, Moscow
YUROVA Irina Alexandrovna
postgraduate student of Information systems in economics and management sub-faculty of the Institute of Information Systems and Engineering and Computer Technology of the Russian New University, Moscow
THEORETICAL AND METHODOLOGICAL APPROACHES TO THE FORMATION OF INDUSTRIAL DEVELOPMENT POLICY IN THE REGION
The purpose of this article is to develop the scientific and methodological foundations of regional industrial policy formation. The tasks of this article are to understand the essence and tasks of regional industrial policy; study of its specific goals; determination of the main directions of structural restructuring of the regional industrial complex; substantiation of conceptual provisions of regional industrial policy. The relevance of this topic is due to the fact that the aspiration of the state authorities to create a competitive industrial complex capable of solving the tasks of social and economic development of society and the establishment of Russia as a high-tech state in the conditions of a complex military and political situation is realized through regional industrial policy, which is based on reform systems of management of regional industry. It was determined that at the present time there is a need for a comprehensive and balanced development of the Concept of regional industrial policy, within the framework of which the goals and priorities in this area, the main directions of structural transformations and the mechanisms of their implementation should be defined.
It is concluded that the modern regional industrial policy should determine the contours of regional regulation of the economy, while this policy should retain its social orientation and focus on the high-quality and effective use of human capital, which ensures the implementation of the goals and objectives of regional industry development.
Keywords: industry, regional policy, goals, concept, approaches, efficiency, restructuring.
Bibliographic list of articles
1. Bobryshev I.S., Vedernikova A.V. Voronin V.V., Erina N.V. Mechanisms for forecasting and strategic goal setting of socio-economic development of the Russian Federation // World of New Economics. – 2020. – No. 1. – P. 88-100.
2. Bykova M. L. Features of the development of the manufacturing industry in modern conditions: regional aspect // Journal of Applied Research. – 2023. – No. 1. – P. 38-43.
3. Vagin S. G. Current state of Russian industry in the regions and the prospects for its development // Region: systems, economics, management. – 2022. – No. 4. – P. 10-15.
4. Vladislavleva T. B., Kerov V. A. State regional policy: overcoming the difficulties of development and implementation // Bulletin of Moscow University. Episode 21: Governance (state and society). – 2020. – No. 2. – P. 77-96.
5. Ibragimova R. S. Priority directions of industrial restructuring in Russia in the context of global challenges // Russia: trends and development prospects. – 2023. – No. 3. – P. 626-629.
6. Kushnarenko T.V. The driving role of regional industry in ensuring the resilience of the economies of territories with different structures // Natural-humanitarian studies. – 2022. – No. 44. – P. 162-167.
7. Mysachenko V.I., Safronov S.S. The need for restructuring of industrial enterprises and its content // Bulletin of the National Institute of Business. – 2022. – No. 3. – P. 43-52.
8. Myasnyankina O. V., Kazmin A. A. Reindustrialization of old industrial regions of the Central Federal District // Region: systems, economics, management. – 2021. – No. 4. – P. 61-68.
9. Pirogova L. V. Content of regional industrial policy in the context of strategic management // Bulletin of Voronezh State University. Series: Economics and management. – 2020. – No. 3. – P. 70-77.
10. Rassanova O. E., Lavrentiev A. V., Fedorova A. S. Current aspects of the formation and implementation of regional industrial policy // Bulletin of the Russian University of Cooperation. – 2022. – No. 2. – P. 67-72.
11. Regional economics and development of territories / Ed. L. P. Sovershaeva. – St. Petersburg: Publishing house of St. Petersburg State Economic University, 2022. – No. 1 (16). – 252 pp.
12. Trends in regional development – 2023 / Under. ed. acad. RAS V.V. Okrepilova, Doctor of Economics, Prof. A. D. Shmatko. – St. Petersburg: Publishing house Skifia-print, 2023. – 54 p.
13. Shatsky A. A. Regional development of industry in the Russian Federation under conditions of sanctions and restrictions // Management. – 2023. – No. 2. – P. 170-178.
14. Shchepakin M. B. Restructuring “umbrella” as a tool for managing innovative changes in a modernized economy // Economics, entrepreneurship and law. – 2021. – No. 1. – P. 27-51.
15. Shchepakin M. B. Management of structural modernization of industry in the regional economy in the conditions of its innovative development // Economics, entrepreneurship and law. – 2020. – No. 2. – P. 411-435.
ECONOMY. RIGHT. SOCIETY
KUCHUKOVA Nafisa Makhmutovna
Ph.D. in economical sciences, associate professor, associate professor of Economic security sub-faculty of the Ufa State Petroleum Technical University
MIRSAYAPOV Eduard Albertovich
magister student in the direction “Strategic Management of Economic Security” of the Ufa State Petroleum Technical University
INTERNATIONAL STANDARDS FOR CONTROL OF SETTLEMENTS WITH CONTRACTORS, RELEVANCE OF APPLICATION AND ADAPTATION TO RUSSIAN PRACTICE
The process of adapting international standards for control of settlements with counterparties is a complex and multifaceted task that requires systemic efforts and coordinated measures, but it benefits not only individual companies, but also the entire economy of the country, providing a higher level of transparency, reliability and competitiveness on the world stage. However, Russia is now facing many difficulties and problems in adopting international standards. Differences between international and Russian accounting standards, the need for employee training, as well as adaptation of information systems and legal uncertainty complicate the path to successful adaptation.
Keywords: international standards, adaptation, control of payments, Russian companies, personnel training, financial transparency.
Bibliographic list of articles
1. Brigida D. A. International financial reporting standards: problems and prospects for implementation in Russia // Bulletin of the Academy of Knowledge. – 2022. – No. 2. – P. 37-40.
2. Krivonosova A. E. International financial reporting standards: problems and prospects for implementation in Russia // Bulletin of the Academy of Knowledge. – 2017. – No. 2. – P. 163-168.
3. Smagina M. N. International financial reporting standards in the Russian Federation: stages of formation and problems of implementation // Scientific notes of the Tambov branch of RoSMU. – 2021. – No. 22. – P. 74-83.
4. Khasanov M. M. Introduction of IFRS (international financial reporting standards) in Russia // Moscow Economic Journal. – 2019. – No. 3. – P. 19-22.
5. Federal Law of August 7, 2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”
6. Shaibakova E. R., Gilyazova A. I., Butkov D. A., Davydov D. V. Economic security and inertia of the economic response to the sanctions pressure of Western countries // Eurasian Legal Journal. – 2023. – No. 10. – P. 331-332.
7. Ishmukhametova I. N., Alekseev A. D., Shonia L. O. Legal issues of ensuring information security” // Current problems of ensuring economic security of the state, regions, enterprises. Collection of scientific articles of the IV International Scientific and Practical Conference. – Ufa, 2020. – pp. 6-9.
ECONOMY. RIGHT. SOCIETY
KOMISSAROVA Evgeniya Romanovna
magister student of the Russian State Academy of Intellectual Property
TINYAKOVA Viktoriya Ivanovna
Ph.D. in economical sciences, professor, professor of Project management sub-faculty of the State University of Management, Moscow
DIGITAL MANAGEMENT TOOLS IN THE MANAGEMENT OF PROJECT ACTIVITIES OF ORGANIZATIONS IN THE CONSTRUCTION INDUSTRY
The article is devoted to the problems of creating and using digital management tools, which is considered as a fundamental factor in the development of the digital ecosystem of modern companies. The advantages of using digital management tools in the project activities of organizations in the construction industry are substantiated. Particular attention is paid to the integration of digital management tools into the management of project activities within the framework of a single digital space for organizations in the construction industry.
Keywords: digitalization, digital management, project, construction industry, tools, management.
Bibliographic list of articles
1. 5 advantages of digitalization in construction. – [Electronic resource]. – Access mode: https://digital-build.ru/5-preimushhestv-czifrovizaczii-v-stroitelstve/ (date of access: 01/25/2023).
2. Global capital projects outlook, 2021: Optimism and Digitization. – [Electronic resource]. – Access mode: https://ineight.com/wp-content/uploads/2021/07/20210630_BRC_AnnualSurvey_FULL_US_v21.7-FINAL.pdf (access date: 01/25/2023).
3. Plan-R. Construction management system Larix. – [Electronic resource]. – Access mode: https://plan-r.bim-info.ru/#closepopup (date of access: 01/25/2024).
4. Ibem. Construction management system Larix. – [Electronic resource]. – Access mode: https://bim-info.ru/larix/ (date of access: 01/25/2023).
5. Bochkarev: Digitalization of construction sites in Moscow reduces construction costs. – [Electronic resource]. – Access mode: https://realty.ria.ru/20230717/tsifrovizatsiya-1884576977.html (access date: 01/18/2024).
6. Dontsova O. I., Skotnikova A. A. Tools for digital integration in industry // Issues of innovative economics. – 2023. – T. 13. No. 3. – P. 1415-1426.
7. Kalyazina E. G. Digital management in project management // Creative Economy. – 2021. – T. 15. No. 12. – P. 4747-4766.
8. Kalyazina E. G., Pleshakova E. Yu., Tsvetkov A. N. Project management: interpretations, features and vectors of development // Theory and practice of social development. – [Electronic resource]. – Access mode: http://teoria-practica.ru/rus/files/arhiv_zhurnala/2020/8/economics/kalyazina-pleshakova-tsvetkov.pdf (access date: 01/18/2024).
9. Larionov V. G., Barinova E. P., Sheremetyeva E. N. Digital management: education, etc.Alanta // Innovations in management. – 2020. – No. 2. – P. 56-63.
10. Application of artificial intelligence in priority sectors of the economy. – [Electronic resource]. – Access mode: https://www.tadviser.ru/images/c/cd/Patentnyj_landshaft.pdf (date of access: 01/18/2024).
ECONOMY. RIGHT. SOCIETY
MAKAR Svetlana Vladimirovna
Ph.D. in economical sciences, chief researcher of the Institute of Regional Economics and Inter-Budgetary Relations of the Financial University under the Government of the Russian Federation; professor of Physical and socio-economic geography sub-faculty of the N. P. Ogarev National Research Mordovian State University, Saransk
CURRENT COMPONENTS OF SUSTAINABLE SPATIAL DEVELOPMENT IN RUSSIA: INTACT FOREST TERRITORIES
The relevance of the article is due to the need, in the context of external and internal challenges for Russia, to form sources of sustainable spatial development, which is presented as a multicomponent process, the result of which can be recorded in the format of spatial organization at a specific point in time. The author’s view on the modern content of the category “sustainable spatial development” is presented. The most promising spatial structures that meet the criterion of “sustainability” are identified – intact forest territories; an analysis and trends in the state of these territories in Russia are presented. Intact forest areas are positioned by the author as a significant component of sustainable spatial development of Russia in terms of their performance of a number of functions: biodiversity conservation, carbon absorption, adaptation to climate change. The importance of individual components of this process meets the country’s long-term priorities and the interests of present and future generations. Quantitative features of the localization of intact forest areas, factors for reducing their area, and current problems of their conservation are noted. The purpose of the work is to highlight scientifically based and promising components for the sustainable development of the national space.
Keywords: spatial development, sustainable spatial structures, spatial analysis, management of the development of macroregions of Russia.
Bibliographic list of articles
1. Fundamental problems of spatial development of the Russian Federation: interdisciplinary synthesis: Fundamental Research Program of the Presidium of the Russian Academy of Sciences 2009-2011 / V. A. Avksentyev, E. M. Avraamova, N. E. Antonova [and others]. – Moscow: “Media Press”, 2013. – 664 p. – ISBN 978-5-901003-40-4. – EDN SBVVUX.
2. Baburin V. L. Evolution of Russian spaces: from the Big Bang to the present day: an innovative and synergetic approach. – Moscow: URSS, 2002. – 272 p. – ISBN 5-354-00117-X. – EDN ZEAXZR.
3. Shchitinsky V. From the pre-election political platform of the President of Russia to the sustainable spatial development of the country // City management. – 2012. – No. 11 (196). – P. 2-6. – EDN QZEEHD.
4. Klimova O. S., Talanova E. A. Overcoming spatial polarization as a factor in ensuring sustainable development of the region // Theory and practice of social development. – 2013. – No. 1. – P. 370-372. – EDN PNFJNT.
5. Starovoitov M.K. Sustainable spatial development of Russia is the most important condition for the national security of the country // Strategic development of the agro-industrial complex and rural territories of the Russian Federation in modern international conditions: Materials of the International scientific and practical conference dedicated to the 70th anniversary of Victory in the Great Patriotic War of 1941-1945 gg., Volgograd, February 03-05, 2015 / Chief editor A. S. Ovchinnikov. Volume 4. – Volgograd: Volgograd State Agrarian University, 2015. – P. 57-61. – EDN WGJWFF.
6. Kolomak E. A. Spatial development of Russia in the 21st century // Spatial Economics. – 2019. – T. 15. No. 4. – P. 85-106. – DOI 10.14530/se.2019.4.085-106. – EDN WFVGVX.
7. Bukhvald E. M., Kolchugina A. V. Strategy of spatial development and priorities of national security of the Russian Federation // Economics of the region. – 2019. – T. 15. No. 3. – P. 631-643. – DOI 10.17059/2019-3-1. – EDN VVWMFC.
8. Minakir P. A. Thorny path to the east: breakthroughs that turn into dead ends // Spatial Economics. – 2022. – T. 18. No. 3. – P. 7-16. – DOI 10.14530/se.2022.3.007-016. – EDN IGSRBS.
9. Glazyev S. Yu. Beyond the horizon of the end of history: Monograph. – Moscow: Limited Liability Company “Prospekt”, 2023. – 416 p. – ISBN 978-5-392-37913-2. – EDN LPRMMM.
10. Orloin S. L., Stroev P. V. New reality and a new path for Russia // Problems of modern economics. – 2022. – No. 2 (82). – pp. 64-66. – EDN YIXJWR.
11. Porfiryev B. N., Terentyev N. E., Zinchenko Yu. V. Planning for adaptation to climate change: world experience and opportunities for sustainable socio-economic development of Russia // Forecasting problems. – 2023. – No. 2 (197). – pp. 154-168. – DOI 10.47711/0868-6351-197-154-168. – EDN FTEIFZ.
12. Trubina V. S. Sustainable spatial development of the regional economic system: theoretical aspects // Bulletin of Volgograd State University. Episode 3: Economics. Ecology. – 2009. – No. 1 (14). – pp. 57-62. – EDN KYFOGZ.
13. Frolov A. E., Ananichev K. K. On the principles of sustainable spatial development // Industrial and civil construction. – 2011. – No. 7-1. – pp. 12-15. – EDN NXOUMH.
14. Makar S. V. Analysis of space in economic science: development of conceptual approaches // Bulletin of Tambov University. Series: Humanities. – 2012. – No. 4 (108). – pp. 17-25. – EDN OWXXKR.
15. Modern trends in spatial development and priorities of public geography: Proceedings of the international scientific conference within the framework of the IX Annual Scientific Assembly of the Association of Russian Social Geographers, Barnaul, September 12–19, 2018 / Rep. ed. N. I. Bykov. Volume 2. – Barnaul: Altai State University, 2018. – P.43-46. – ISBN 978-5-91556-424-3. – EDN UXDFWZ.
16. Socio-economic development in an era of global change. Volume 2. – Moscow-Tver: Tver State University, 2020. – P. 365-373. – ISBN 978-5-7609-1540-5. – EDN WQKHZZ.
17. Aksenov D. A., Dobrynin D. V., Yudubinin M. et al. Atlas of intact forest territories of Russia. – M.: Publishing house MSOES, 2003. – 187 p.
18. Environmental management and sustainable development. World ecosystems and problems of Russia: Dedicated to the memory of N. F. Glazovsky (1946-2005) / N. F. Glazovsky, G. V. Sdasyuk, A. F. Mandych [etc.]; Institute of Geography of the Russian Academy of Sciences, Program of the Department of Geosciences of the Russian Academy of Sciences “Natural and socio-economic changes in the environment”, World Wildlife Fund (WWF). – Moscow: Limited Liability Company Partnership of Scientific Publications KMK, 2006. – 448 p. – (Sustainable development: problems and prospects; Issue 3). – ISBN 5-87317-322-2. – EDN VWZQQJ.
19. Methodological approaches and recommendations for zoning intact forest areas in the Siberian Federal District / N. V. Trofimova, V. A. Sipkin, A. V. Bryukhanov [etc.]; Edited by K. N. Kobyakov. – Krasnoyarsk: World Wildlife Fund (WWF), 2018. – 64 p. – ISBN 978-5-6041286-0-2. – EDN SDBLXU.
20. Makar S.V. Application of spatial analysis methodology to the study of forest potential in Russia: Monograph. – Moscow: Economics, 2012. – P. 72-87. – ISBN 978-5-282-03214-7. – EDN QVEFZD.
ECONOMY. RIGHT. SOCIETY
MARCHENKOVA Liliya Mikhaylovna
Ph.D. in economical sciences, associate professor, associate professor of the Central Russian Institute of Management – branch of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation, Orel
KOZLOVA Elena Igorevna
Ph.D. in technical sciences, associate professor, associate professor of the Central Russian Institute of Management – branch of the Russian Academy of National Economics and Public Administration under the President of the Russian Federation, Orel
SKVORTSOVA Nataliya Alexandrovna
Ph.D. in economical sciences, associate professor of the Moscow Financial and Industrial University “Synergy”
THE MAIN ASPECTS OF STATE REGULATION OF COMMERCIAL ACTIVITIES OF ENTERPRISES
The article deals with the issues of state regulation of commercial activities of enterprises. The process of state regulation of commercial activities of enterprises includes many problems that have a negative impact on the quality of goods and services consumed by individuals and legal entities. The need for high-quality legal regulation of commercial activities is justified, taking into account two-level regulation and the need to harmonize the legislation of the subjects and the legislation of the Russian Federation.
Keywords: commercial activity, enterprises, state regulation, special tax regimes.
Bibliographic list of articles
1. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Civil Code of the Russian Federation Part 1 (Civil Code of the Russian Federation) dated November 30, 1994 No. 51-FZ with amendments and additions. – [Electronic resource]. – Access modea: http://www.consultant.ru./
3. Tax Code of the Russian Federation (part two) dated July 19, 2000 No. 118-FZ (as amended on December 29, 2022) (with amendments and additions, entered into force on January 1, 2023). – [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_28165/
4. Bocharov V.V. Organization of commercial activities. – St. Petersburg: Peter, 2019. – 408 pp.
5. Ivanov G. G. Organization of trade (trading activities): textbook. – Moscow: KnoRus, 2018. – (SPO). – [Electronic resource]. – Access mode: https://www.book.ru/book/924195.
6. Pambukhchiyants O. V. Organization of commercial activities: textbook. – 5th ed., revised. – Moscow: Dashkov and K°, 2021. – 266 pp.: table. – [Electronic resource]. – Access mode: https://biblioclub.ru/index.php?page=book&id=621684.
7. Popondopulo V.F., Barinov A.M., Bushev A.Yu. Commercial (entrepreneurial) law. Textbook. In 2 volumes. Volume 1 / Ed. Popondopulo V.F. – M.: Prospekt, 2020. – 608 pp.
8. Business law: a modern view: monograph / E. A. Abrosimova, V. K. Andreev, E. G. Afanasyeva and others; resp. ed. S. A. Karelina, P. G. Lakhno, I. S. Shitkina. – M.: Justitsinform, 2019. – 600 p.
ECONOMY. RIGHT. SOCIETY
NIKITIN Sergey Alexandrovich
Ph.D. in economical sciences, associate professor of Project management sub-faculty of the State University of Management, Moscow
KOREVA Olga Vladimirovna
Ph.D. in economical sciences, associate professor, associate professor of Innovation and applied economics sub-faculty of the I. S. Turgenev Oryol State University
PRINCIPLES AND FACTORS OF ENSURING SUSTAINABLE DEVELOPMENT OF REGIONS
In the article, the authors present a list of principles for ensuring sustainable regional development and characterize them; describe various approaches to classifying factors aimed at maintaining the sustainability of the country’s regions; analyze and systematize methods for measuring the sustainability of regional development; conclude on the essence of sustainable and balanced regional development.
Keywords: region, regional development, sustainable regional development, factors of sustainable development, principles of sustainable development.
Bibliographic list of articles
1. Granberg A. G. Fundamentals of regional economics. – M.: State University Higher School of Economics, 2006. – 495 p.
2. Uskova T.V. Theory and methodology of managing sustainable socio-economic development: dis. … doc. econ. Sciences: 08.00.05. – Vologda, 2010. – 410 p.
3. Melnik L.G., Degtyareva I.B., Burlakova I.M. Management of the socio-economic potential of sustainable balanced development of the region // Innovative Russia: experience of regional development: collection of scientific works. – Kursk: Kursk State Technical University, 2009.
4. Khamidulina A. M. Institutional support for balanced development of municipalities in the region. [Electronic resource]. – Access mode: http://www.science-education.ru/pdf/2012 /2/318.pdf (access date: 02/01/2024).
5. Vorontsova I. N. Organizational conditions for balanced development of the region: means and methods of formation and improvement: dis. … doc. econ. Sciences: 08.00.05. – Voronezh, 2014. – P. 26.
6. Melnik L.G., Degtyareva I.B., Burlakova I.M. Management of the socio-economic potential of sustainable balanced development of the region // Innovative Russia: experience of regional development: collection of scientific works. – Kursk: Kursk State Technical University, 2009.
7. Avramchikova N. T. The theory of polarized development of space and the mechanisms of its application in the transition economy of the region. – Krasnoyarsk: SibGAU, 2007. – 140 p.
8. Baranov S.V., Skufina T.S. Analysis of interregional differentiation and construction of ratings of subjects of the Russian Federation // Questions of Economics. – 2005. – No. 8. – P. 54-75.
9. Latysheva M. A. Econometric modeling of inequality in the socio-economic development of regions of the Russian Federation: dis. …cand. econ. Sciences: 08.00.13. – Voronezh, 2010. – 195 p.
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 ofManagement and organization of the execution of Sentences in the Penal System of the Federal Penitentiary Institution “Research Institute of the Federal Penitentiary Service”
BUDGETARY RISKS IN THE IMPLEMENTATION OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS
Public-private partnership implies mutually beneficial cooperation between the state and business, based on pooling resources and sharing risks, responsibilities and results between them. Public-private partnership projects are a source of long-term budget spending commitments. Due to the fact that such obligations have a long term, they are subject to additional risks. The article is devoted to the analysis of risks in the application of public-private partnership projects.
Keywords: mechanism, budget, economy, cooperation, private sector, public-private partnership.
Bibliographic list of articles
1. World Bank Asian Development Bank; Inter-American Development Bank. Public-Private Partnerships: Reference Guide, Version, 2014. [Electronic resource]. – Access mode: https://openknowledge.worldbank.org/entities/publication/e5eebb0f-1571-5ac0-a3ef-ae4cab61229d (accessed: 02/22/2024).
2. Radchenko E. P., Vdovina A. N. Attracting extra-budgetary investments as a way to ensure the economic security of public-private partnership projects // Man: crime and punishment. – 2022. – T. 30 (1-4). No. 2. – pp. 206-215.
3. International Bank for Reconstruction and Development / International Development Association or The World Bank, 2012. [Electronic resource]. – Access mode: https://openknowledge.worldbank.org/entities/publication/d4836c84-a44e-58c1-862e-8a51b4887cd7 (accessed: 02/22/2024).
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. Varnavsky V. G., Klimenko A. V., Korolev V. A. Public-private partnership: theory and practice, 2010. – 287 pp.
6. Kozin M. N., Radchenko E. P. On the issue of the development of public-private partnership projects: foreign experience and current trends in ensuring economic security // Financial Economics. – 2021. – No. 4. – P. 252-257. – 0.35 p.l. – including copyright ones – 0.25 p.l.
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.
ECONOMY. RIGHT. SOCIETY
SPASSKAYA Nataliya Vladimirovna
Ph.D. in economical sciences, associate professor, Head of Innovation and applied economics sub-faculty of the I. S. Turgenev Oryol State University
KUZNETSOVA Karina Viktorovna
Ph.D. in economical sciences, associate professor of Marketing and entrepreneurship sub-faculty of the I. S. Turgenev Oryol State University
COMPARATIVE ANALYSIS OF THE MAIN PREVENTIVE MECHANISMS FOR IDENTIFYING THE FINANCIAL CONDITION OF AN ENTERPRISE
In the article, the authors systematize the models existing in the theory and in the Russian practice of anti-crisis management used to identify the crisis state of economic entities; identify and characterize the advantages and disadvantages of these models; conclude that an integrated approach to identifying the crisis in the enterprise is necessary.
Keywords: anti-crisis management, financial condition of the enterprise, bankruptcy, preventive crisis identification mechanisms.
Bibliographic list of articles
1. Artemenko V. G., Bellendir M. V. Financial analysis. – M.: DIS, 2017. – 364 p.
2. Blank I. A. Anti-crisis financial management of an enterprise. – Kyiv: Nika-center: Elga, 2006 (SPb.: Printing house “Science”). – 663 pp.
3. Ermakova L. V. Mechanism for diagnosing and managing the potential of an integrated economic system in conditions of instability: the example of a lighting engineering holding: dis. …cand. eco